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2015-29193 Reso RESOLUTION NO.! 2015-29193 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A PUBLIC HEARING ON DECEMBER 9, 2015 AT 11:00 A.M. FOR THE OWNERS OF THE PROPERTY TO BE ASSESSED WITHIN THE PROPOSED SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT OR ANY OTHER INTERESTED PERSONS TO BE HEARD BY THE MAYOR AND CITY COMMISSION AS TO THE PROPRIETY AND ADVISABILITY OF FUNDING THE PLACEMENT UNDERGROUND OF UTILITIES ON SUNSET ISLANDS 3 & 4 WITH SPECIAL ASSESSMENTS, 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 MAYOR AND 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, presently, on Sunset Islands 3 & 4, utility lines and equipment for electrical, telephone, and cable television services are located overhead; and WHEREAS, the residents of Sunset Islands 3 & 4 have expressed a desire to relocate such utilities underground; and WHEREAS, on October 14, 2015, the Mayor and City Commission adopted Resolution No. 2015-29180, which created, pursuant to Chapter 170 of the Florida Statutes, a special assessment district, to be known as the "Sunset Islands 3 & 4 Utility Improvement District," for a term of ten (10) years, to fund the placement underground of utilities on Sunset Islands 3 &4, at an estimated cost of$2,412,398; 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 Mayor and 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 set a public hearing on December 9, 2015 at 11:00 a.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 Mayor and City Commission as to the propriety and advisability of funding the placement underground of utilities on Sunset Islands 3 & 4 with special assessments, 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 Mayor and 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 02/ day of Oc 7 0CIf Y , 2015. ,7, , ATTEST: r. -ab—%111%11.5.10*700/1r- 41 % ‘_�.i.►4.r , '-el E. Granado, ity' lerk Philp Le 107 al/or OCT 22 2015 `1�L,1 y, �N�ORP BRAT APPROVED AS TO ,$2 FD: FORM&LANGUAGE #4-57/5;....... '"'`‘ -*.a...\<r) &FOR EXECUTION Si 26 i Wirmw 'co' 4011■41■ A 41( �o i� �oi� 1\)1( , F:\ATTO\KALN\Sunset 3 and 4 Undergrounding of Utilities\Reso setting public hearing for Sunset 3 and 4 Utility Improvement District.docx COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Setting A Public Hearing On December 9, 2015 At 11:00 A.M. For The Owners Of The Property To Be Assessed Within The Proposed Sunset Islands 3 &4 Utility Improvement District Or Any Other Interested Persons To Be Heard By The Mayor And City Commission As To The Propriety And Advisability Of Funding The Placement Underground Of Utilities On Sunset Islands 3 &4 With Special Assessments, 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 Mayor And 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. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability. Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77%of residents rated recently completed capital improvement projects as"excellent"or"good". Item Summary/Recommendation: On October 14, 2015, the Mayor and City Commission adopted Resolution No. 2015-29180, creating, pursuant to Chapter 170, Florida Statutes, a special assessment district to be known as the Sunset Islands 3 & 4 Utility Improvement District (the "District"), for a term of ten (10) years, to fund the placement underground of utilities on Sunset Islands 3 & 4, at an estimated cost of$2,412,398. Following the adoption of the first Resolution creating the District, and the completion of the preliminary assessment roll, the Mayor and City Commission must, pursuant to Section 170.07, Florida Statutes, adopt a subsequent resolution to schedule a public hearing at which the owners of the properties to be assessed or any other persons interested therein may 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. The attached proposed Resolution sets a public hearing on December 9, 2015 at 11:00 a.m., in the Commission Chambers, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Pursuant to Section 170.07, Florida Statutes, thirty days' notice in writing shall be given to each property owner, and the public hearing shall also be advertised by two publications a week apart in a newspaper of general circulation. Following the public hearing, the Mayor and City Commission shall make a final decision on whether to levy the special assessments. Thereafter, the Mayor and 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. When so equalized and approved by resolution of the Mayor and City Commission, a final assessment roll shall be filed with the Office of the City Clerk, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against such assessments are made until paid. The Administration recommends adopting the Resolution. Advisory Board Recommendation: Financial Amount Account Information: Funds: 1 2 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: David Martinez, Ext.6972 Sign-Offs: Department r irector Assistant City Manager City na er DM :1, ETC_ _ JLM T:IAGENDA120151I tober\CIP\Sunset Islands 3&4\Sunset Island 3&4 utility undergrounding-SUMM R .docx V A[�Et�D�41TEf1A Ri � 1 MIAMI BEACH 10-ZI-I DATE S I BE H City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov CO ISSION MEMORANDUM TO: Mayor Philip Levine and Members the City mmission FROM: Jimmy L. Morales, City Manager DATE: October 21, 2015 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTIN A PUBLIC HEARING ON DECEMBER 9,2015 AT 11:00 A.M. FOR THE OWNERS OF THE PROPERTY TO BE ASSESSED WITHIN THE PROPOSED SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT OR ANY OTHER INTERESTED PERSONS TO BE HEARD BY THE MAYOR AND CITY COMMISSION AS TO THE PROPRIETY AND ADVISABILITY OF FUNDING THE PLACEMENT UNDERGROUND OF UTILITIES ON SUNSET ISLANDS 3&4 WITH SPECIAL ASSESSMENTS,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 MAYOR AND 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. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Resolution. BACKGROUND On October 14, 2015, the Mayor and City Commission adopted Resolution No. 2015-29180, creating, pursuant to Chapter 170, Florida Statutes,a special assessment district to be known as the Sunset Islands 3&4 Utility Improvement District(the"District"),for a term of ten(10)years,to fund the placement underground of utilities on Sunset Islands 3 & 4, at an estimated cost of $2,412,398. ANALYSIS Following the adoption of the first Resolution creating the District, and the completion of the preliminary assessment roll, the Mayor and City Commission must, pursuant to Section 170.07, Florida Statutes, adopt a subsequent resolution to schedule a public hearing at which the owners of the properties to be assessed or any other persons interested therein may 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. The attached proposed Resolution sets a public hearing on December 9, 2015 at 11:00 a.m., in the Commission Chambers, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach,Florida 33139. Pursuant to Section 170.07, Florida Statutes, thirty days' notice in writing shall be given to City Commission Memorandum Sunset Islands 3&4-Creation of Special Assessment District-Franchise Utility Undergrounding October 21, 2015 Page 2 of 2 each property owner,and the public hearing shall also be advertised by two publications a week apart in a newspaper of general circulation. Following the public hearing,the Mayor and City Commission shall make a final decision on whether to levy the special assessments. Thereafter, the Mayor and 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. When so equalized and approved by resolution of the Mayor and City Commission, a final assessment roll shall be filed with the Office of the City Clerk, and such assessments shall stand confirmed and remain legal,valid,and binding first liens upon the property against such assessments are made until paid. CONCLUSION The Adminis ration recommends adopting the Resolution. J M/ETC/ M