2015-29146 Reso RESOLUTION NO. 2015-29146
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL
FORM AND AUTHORIZING THE OFFICE OF THE CITY MANAGER
AND OFFICE OF THE CITY ATTORNEY TO FINALIZE A
MEMORANDUM OF UNDERSTANDING WITH THE LINCOLN ROAD
BUSINESS IMPROVEMENT DISTRICT, INC., 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; AND, IF
SUCCESSFUL, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING ON BEHALF
OF THE CITY.
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)
years, 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; 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
approved the creation of the District; and
WHEREAS, the affected property owners overwhelmingly approved the creation of the
District; and
WHEREAS, the results of the Election are as follows: 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, pursuant to Sections 170.07 and 170.08, Florida Statutes, the Mayor and
City Commission held a duly noticed public hearing on September 30, 2015 for the owners of
the property to be assessed or any other interested persons to appear before the Mayor and
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 voted to levy the
special assessments; and
WHEREAS, thereafter, pursuant to Section 170.08, Florida Statutes, the Mayor and City
Commission met 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,
following which the Mayor and City Commission approved the final assessment roll for the
District; and
WHEREAS, the Lincoln Road Property Owners Association, Inc. is in the process of
incorporating a Florida not-for-profit corporation to be known as the Lincoln Road Business
Improvement District, Inc. (the "LRBID") to administer the District; and
WHEREAS, the City desires to enter into a Memorandum of Understanding ("MOU")
with the LRBID to set forth, among other things, the obligations of the LRBID to administer the
District, as well as the rights and obligations of the City to collect the special assessments,
conduct an annual review of the LRBID's budget and activities, and audit the LRBID; and
WHEREAS, the City also desires to enter into the MOU to ensure the LRBID's
compliance with Chapter 170, Florida Statutes; the requirements of the Uniform Special District
Accountability Act, set forth in Chapter 189, Florida Statutes; and Florida Sunshine Law,
including, without limitation, Chapter 286, Florida Statutes; and
WHEREAS, the MOU shall be in substantially the same form as the agreement attached
hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve in substantial form and authorize the Office of the City Manager and Office of the City
Attorney to finalize a Memorandum of Understanding with the Lincoln Road Business
Improvement District, Inc., 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; and, if successful, the Mayor and City Commission
hereby authorize the Mayor and City Clerk to execute the Memorandum of Understanding on
behalf of the City.
PASSED and ADOPTED this 30 day of Sep 2mb•er , 201. /.,s
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ATTEST:
INCORP ORATED: 1 /
Rafael E. Granado, ty ' lerk h„„ H APPROVED AS
FORM & LANGU AGE
(Sponsored by Commissioner Deede Weithorn) / &pV2&F EXECU ON
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City Attorney Do
F:\ATTO\KALN\RESOLUTIONS\Lincoln Road BID\Lincoln Road BID MOU Reso.docx