2015-29098 Reso RESOLUTION NO. 2015-29098
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA (1) ADOPTING THE OFFICIAL
ELECTION CERTIFICATE OF THE CANVASSING BOARD FOR THE
SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI
BEACH FROM JUNE 29, 2015 TO JULY 24, 2015, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS
APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE LINCOLN ROAD BUSINESS IMPROVEMENT
DISTRICT; AND (2) SETTING A PUBLIC HEARING ON SEPTEMBER
30, 2015 AT 5:10 P.M. FOR THE OWNERS OF THE PROPERTY TO BE
ASSESSED OR ANY OTHER INTERESTED PERSONS TO BE HEARD
BY THE CITY COMMISSION AS TO THE PROPRIETY AND
ADVISABILITY OF MAKING SUCH IMPROVEMENTS, AS TO THE
COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR,
AND AS TO THE AMOUNT TO BE ASSESSED AGAINST EACH
PROPERTY SO IMPROVED, FOLLOWING WHICH THE CITY
COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR
AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL
ASSESSMENTS AND TO ADJUST AND EQUALIZE THE
ASSESSMENTS ON A BASIS OF JUSTICE AND RIGHT.
WHEREAS, on April 15, 2015, the Mayor and City Commission adopted Resolution No.
2015-28992, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the Lincoln Road Business Improvement District (the "District"), for a term of ten (10).
improve the Lincoln Road retail business district,to stabilize and p , which is located within a
nationally recognized historic district, through promotion, management, marketing, and other
similar services; and
WHEREAS,. on May 20, 2015, the Mayor and City Commission adopted Resolution No.
2015-29026, which called for a special mail ballot election (the "Election") to be held from June
29, 2015 to July 24, 2015, to determine whether a majority of the affected property owners
approve the creation of the District; and
WHEREAS, pursuant to Resolution No. 2015-29026, the Mayor and City Commission
designated Rafael E. Granado, City Clerk; Raul J. Aguila, City Attorney; and Nick E. Kallergis,
Assistant City Attorney, to serve as the members of the Canvassing Board for the Election; and
WHEREAS, on July 24, 2015 at 6:30 p.m., the Canvassing Board tabulated and certified
the results of the Election; and
WHEREAS, 57 ballots were cast in favor of the creation of the District, 3 ballots were
cast in opposition to the creation of the District, 4 ballots were rejected as improperly cast, and
12 ballots were not returned; and
WHEREAS, the Official Election Certification of the Canvassing Board is attached hereto
and incorporated herein as Exhibit "A"; and
WHEREAS, pursuant to Chapter 170, Florida Statutes, the City must fix a time and
place at which the owners of the property to be assessed or any other interested persons may
appear before the City Commission and be heard as to the propriety and advisability of making
such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the
amount thereof to be assessed against each property so improved; and
WHEREAS, following the testimony, the Mayor and City Commission shall make a final
decision on whether to levy the special assessments; and
WHEREAS, thereafter, pursuant to Chapter 170, Florida Statutes, the City Commission
shall meet as an equalizing board to hear and consider any and all complaints as to the special
assessments and shall adjust and equalize the assessments on a basis of justice and right.
NOW, THEREFORE, BE IT RESOLVED BY THE THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby (1) adopt the Official Election Certification of the Canvassing Board for the
Special Mail Ballot Election held in the City of Miami Beach from June 29, 2015 to July 24,
2015, to determine whether a majority of the affected property owners approve the creation of a
special assessment district to be known as the Lincoln Road Business Improvement District;
and (2) set a public hearing on September 30, 2015 at 5:10 p.m., in the Commission Chambers,
Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, at which
the owners of the property to be assessed or any other interested persons may be heard by the
City Commission as to the propriety and advisability of making such improvements, as to the
cost thereof, as to the manner of payment therefor, and as to the amount to be assessed
against each property so improved, following which the City Commission shall meet as an
equalizing board to hear and consider any and all complaints as to the special assessments and
to adjust and equalize the assessments on a basis of justice and right.
PASSED and ADOPTED this 3D day of ail, , 2015.
ATTEST: i"
/ /
Rafael . Granado, Ci, Clerk Philip -� = �r ayor
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City Attorney
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1915.2015
IV\ AAA I BEACH
SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH
FROM JUNE 29, 2015 TO JULY 24, 2015,
TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS
APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
**OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD**
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
We, the undersigned, Raul J. Aguila, City Attorney, Nick Kallergis, Assistant City
Attorney, and Rafael E. Granado, City Clerk, constituting the Canvassing Board for the
Special Mail Ballot Election to approve the creation of the Lincoln Road Business
Improvement District, do hereby certify that we met on the 24th day of July 2015, and
proceeded to publicly count the votes cast.
We do hereby certify the results as follows:
Shall a special assessment district known and designated as the Lincoln
Road Business Improvement District (the "District") be created for a term of
ten (10)years,with an estimated annual budget of$1,426,237,to stabilize and
improve the Lincoln Road retail business district, which is located within a
nationally recognized historic district, through promotion, management,
marketing, and other similar services, which district is to be funded by
special assessments against benefited properties?
YES VOTES 57
NO VOTES 3
UNRETURNED BALLOTS 12
REJECTED BALLOTS 4
gLe., AN ASSING BOARD
Ra I J. Aguila, City Attorney
wick allergis, Assis -nt i y Attorney
c7,-4L--r 24; Le.11^
Rafael E. Gr do, City Clerk
Date: July 24, 2015
F:ICLER\CLERl000_ELECTION1000_LINCOLN ROAD BID ELECTIONICANVASSINGIOFFICIAL CERTIFICATION RESULTS REG.Docx
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MOM
1915•2015
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: July 31, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA (1) ADOPTING THE OFFICIAL ELECTION
CERTIFICATE OF THE CANVASSING BOARD FOR THE SPECIAL MAIL
BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH FROM JUNE
29, 2015 TO JULY 24, 2015, TO DETERMINE WHETHER A MAJORITY OF
THE AFFECTED PROPERTY OWNERS APPROVE THE CREATION OF A
SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN
ROAD BUSINESS IMPROVEMENT DISTRICT; AND (2) SETTING A
PUBLIC HEARING ON SEPTEMBER 30, 2015 AT 5:10 P.M. FOR THE
OWNERS OF THE PROPERTY TO BE ASSESSED OR ANY OTHER
INTERESTED PERSONS TO BE HEARD BY THE CITY COMMISSION AS
TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH
IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED
AGAINST EACH PROPERTY SO IMPROVED, FOLLOWING WHICH THE
CITY COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR
AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL
ASSESSMENTS AND TO ADJUST AND EQUALIZE THE ASSESSMENTS
ON A BASIS OF JUSTICE AND RIGHT.
Attached hereto is the proposed Resolution adopting the Certificate of the Canvassing Board for the
Special Mail Ballot Election held in the City of Miami Beach from June 29, 2015 to July 24, 2015, to
determine whether a majority of the affected property owners approve the creation of a special
assessment district to be known as the Lincoln Road Business Improvement District, and declaring
the results thereof. The Certificate of Results is attached to the Resolution.
The Resolution also sets, pursuant to Chapter 170, Florida Statutes, a public hearing on September
30, 2015 at 5:10 p.m. for the owners of the property to be assessed or any other interested persons
to be heard by the City Commission as to the propriety and advisability of making such
improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount to
be assessed against each property so improved, following which the City Commission shall meet as
an equalizing board to hear and consider any and all complaints as to the special assessments and to
adjust and equalize the assessments on a basis of justice and right.
T:\AGENDA\2015Wuly\Special Election Memo.doc
Agenda Item C 7A
Date 1-31-1,5"