2015-29223 Reso RESOLUTION NO. 2015-29223
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA APPROVING, FOLLOWING A
DULY NOTICED PUBLIC HEARING PURSUANT TO SECTIONS 170.07
AND 170.08, FLORIDA STATUTES, THE FINAL ASSESSMENT ROLL
FOR THE SPECIAL ASSESSMENT DISTRICT KNOWN AS THE
SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT, AND
CONFIRMING SUCH ASSESSMENTS AS LEGAL, VALID, AND
BINDING FIRST LIENS UPON THE PROPERTY AGAINST WHICH
SUCH ASSESSMENTS ARE MADE UNTIL PAID.
WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality to levy special
assessments to pay for the relocation of utilities, including the placement underground of
electrical, telephone, and cable television services, pursuant to voluntary agreement with the
respective utilities; and
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, the relocation underground of utilities protects utility services during severe
weather conditions, and enhances the aesthetic appearance of neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration and City Attorney's Office have worked with the Sunset Islands 3 & 4
Homeowners Association ("HOA") to proceed with the creation of a special assessment district
to fund the placement underground of electrical, telephone, and cable television services (the
"District"); and
WHEREAS, on February 8, 2012, the Mayor and City Commission adopted Resolution
No. 2012-27842, which, among other things, approved and allowed the HOA to proceed with
the election requirement imposed by the City Commission in or about 2002, which requires that,
as a condition precedent to the final establishment of the proposed District, at least sixty percent
(60%) of the benefited property owners within such District vote in favor of its establishment and
of the levy of special assessments to fund the costs of the relocation underground of overhead
utilities; and
WHEREAS, pursuant to Resolution No. 2012-27842, a special mail ballot election (the
"Election") was held to determine whether at least 60% of the property owners approved the
creation of the District; and
WHEREAS, 81% of property owners voted in favor of the proposed District; 96 votes
were cast in favor of the creation of the District, 6 votes were cast in opposition to the creation of
the District, 1 ballot was returned without a vote, and 15 ballots were not returned; and
WHEREAS, the special assessments levied within the proposed District shall be used to
fund the placement underground of electrical, telephone, and cable television services (the
"Improvements"); 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 Sections 170.07 and 170.08, Florida Statutes, the Mayor and
City Commission held a duly noticed public hearing on December 9, 2015 at 11:00 a.m. 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
thereafter, pursuant to Section 170.08, Florida Statutes, the City
p Y
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; and
WHEREAS, the final assessment roll for the District is attached hereto and incorporated
herein as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that, following a duly noticed public hearing held
on December 9, 2015 at 11:00 a.m. pursuant to Sections 170.07 and 170.08, Florida Statutes,
the Mayor and City Commission hereby approve the final assessment roll for the special
assessment district known as the Sunset Islands 3 & 4 Utility Improvement District, and confirm
such assessments as legal, valid, and binding first liens upon the property against which such
assessments are made until paid.
PASSED and ADOPTED this / day of ,Deam6P/ , 2015. .•
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F:\ATTO\KALN\RESOLUTIONS\Sunset 3&4 Final Assessment Roll.docx
City Attorney Date
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EXHIBIT "A"
PRELIMINARY ASSESSMENT ROLL
Exhibit A
SUNSET ISLANDS 3 & 4
Total of 118 properties
EACH PROPERTY SHALL HAVE THE OPTION OF A ONE-TIME PAYMENT OF$16,500.00, OR TEN (10)
ANNUAL INSTALLMENT OF$2,200.00.
NO UnitFolio Site Address Site City Site Zip
1 0232280011810 1825 W 24 ST Miami Beach 33140-4530
2 0232280011860 2120 BAY AVE Miami Beach 33140-4534
3 0232280011820 1821 W 24 ST Miami Beach 33140-4530
4 0232270100360 1530 W 21 ST Miami Beach 33140-4505
5 0232280011970 1541 W 22 ST Miami Beach 33140-4510
6 0232280011600 1700 W 24 ST Miami Beach 33140-4529
7 0232280011730 1826 W 23 ST Miami Beach 33140-4521
8 0232280012200 1443 W 21 ST Miami Beach 33140-4502
9 0232280011440 1501 W 24 ST Miami Beach 33140-4524
10 0232270100160 2323 LAKE AVE Miami Beach 33140-4539
11 0232280012110 1535 W 21 ST Miami Beach 33140-4504
12 0232280012060 1616 W 22 ST Miami Beach 33140-4513
13 0232270100230 2121 LAKE AVE Miami Beach 33140-4538
14 0232270100400 1610 W 21 ST Miami Beach 33140-4507
15 0232280011480 1405 W 24 ST Miami Beach 33140-4522
16 0232280012120 2111 LUCERNE AVE Miami Beach 33140-4541
17 0232280012180 2130 REGATTA AVE Miami Beach 33140-4544
18 0232280011920 1649 W 22 ST Miami Beach 33140-4512
19 0232280012070 2120 LUCERNE AVE Miami Beach 33140-4542
20 0232280011651 2288 SUNSET DR Miami Beach 33140-4546
21 0232270100320 1450 W 21 ST Miami Beach 33140-4503
22 0232280011930 1645 W 22 ST Miami Beach 33140-4512
23 0232280012010 1621 W 21 ST Miami Beach 33140-4506
24 0232270100240 2111 LAKE AVE Miami Beach 33140-4538
25 0232280011410 1611 W 24 ST Miami Beach 33140-4526
26 0232280011880 2122 BAY AVE Miami Beach 33140-4534
27 0232280011530 1440 W 23 ST Miami Beach 33140-4515
28 0232270100260 2001 LAKE AVE Miami Beach 33140-4555
29 0232280012080 1501 W 21 ST Miami Beach 33140-4504
30 0232270100340 1500 W 21 ST Miami Beach 33140-4505
31 0232280011680 1730 W 23 ST Miami Beach 33140-4519
32 0232280011800 1833 W 24 ST Miami Beach 33140-4530
33 0232270100250 2095 LAKE AVE Miami Beach 33140-4555
34 0232280011500 1400 W 23 ST Miami Beach 33140-4515
35 0232280011310 1531 W 23 ST Miami Beach 33140-4516
36 0232280011360 1434 W 24 ST Miami Beach 33140-4523
37 0232280012100 1525 W 21 ST Miami Beach 33140-4504
38 0232280012170 1510 W 22 ST Miami Beach 33140-4511
39 0232280011850 1727 W 24 ST Miami Beach 33140-4528
40 0232270100410 1620 W 21 ST Miami Beach 33140-4507
41 0232280011430 1525 W 24 ST Miami Beach 33140-4524
42 0232270100190 2301 LAKE AVE Miami Beach 33140-4539
Exhibit A
SUNSET ISLANDS 3 & 4
Total of 118 properties
EACH PROPERTY SHALL HAVE THE OPTION OF A ONE-TIME PAYMENT OF$16,500.00,OR TEN (10)
ANNUAL INSTALLMENT OF$2,200.00.
NO UnitFolio Site Address Site City Site Zip
43 0232280012290 1401 W 22 ST Miami Beach 33140-4508
44 0232280011710 1800 W 23 ST Miami Beach 33140-4521
45 0232280011630 1830 W 24 ST Miami Beach 33140-4531
46 0232280011370 1410 W 24 ST Miami Beach 33140-4523
47 0232280012230 2121 REGATTA AVE Miami Beach 33140-4543
48 0232270100220 2125 LAKE AVE Miami Beach 33140-4538
49 0232280011540 1500 W 23 ST Miami Beach 33140-4517
50 0232270100140 2345 LAKE AVE Miami Beach 33140-4539
51 0232280011640 1800 W 24 ST Miami Beach 33140-4531
52 0232280011750 1844 W 23 ST Miami Beach 33140-4521
53 0232280012150 1530 W 22 ST Miami Beach 33140-4511
54 0232270100170 2315 LAKE AVE Miami Beach 33140-4539
55 0232280012090 1515 W 21 ST Miami Beach 33140-4504
56 0232280012000 2110 LUCERNE AVE Miami Beach 33140-4542
57 0232280012160 1520 W 22 ST Miami Beach 33140-4511
58 0232270100390 1600 W 21 ST Miami Beach 33140-4507
59 0232280011450 1441 W 24 ST Miami Beach 33140-4522
60 0232270100430 1630 W 21 ST Miami Beach 33140-4507
61 0232280011620 1831 W 23 ST Miami Beach 33140-4520
62 0232270100210 2131 LAKE AVE Miami Beach 33140-4538
63 0232270100310 1440 W 21 ST Miami Beach 33140-4503
64 0232280012040 2131 BAY AVE Miami Beach 33140-4533
65 0232270100300 1430 W 21 ST Miami Beach 33140-4503
66 0232280012210 2111 REGATTA AVE Miami Beach 33140-4543
67 0232280012140 2121 LUCERNE AVE Miami Beach 33140-4541
68 0232280011470 1415 W 24 ST Miami Beach 33140-4522
69 0232270100330 1460 W 21 ST Miami Beach 33140-4503
70 0232280011330 1500 W 24 ST Miami Beach 33140-4525
71 0232280011380 2300 LAKE AVE Miami Beach 33140-4540
72 0232280012240 1420 W 22 ST Miami Beach 33140-4509
73 0232280012280 1431 W 22 ST Miami Beach 33140-4508
74 0232280012270 1433 W 22 ST Miami Beach 33140-4508
75 0232280011510 1420 W 23 ST Miami Beach 33140-4515
76 0232280011960 1617 W 22 ST Miami Beach 33140-4512
77 0232280011715 1818 W 23 ST Miami Beach 33140-4521
78 0232280012220 2120 SUNSET DR Miami Beach 33140-4562
79 0232280011610 2300 SUNSET DR Miami Beach 33140-4548
80 0232280011460 1431 W 24 ST Miami Beach 33140-4522
81 0232280012190 1401 W 21 ST Miami Beach 33140-4502
82 0232280011830 1775 W 24 ST Miami Beach 33140-4528
83 0232280012050 1630 W 22 ST Miami Beach 33140-4513
84 0232280011690 1750 W 23 ST Miami Beach 33140-4519
Exhibit A
SUNSET ISLANDS 3 & 4
Total of 118 properties
EACH PROPERTY SHALL HAVE THE OPTION OF A ONE-TIME PAYMENT OF$16,500.00,OR TEN (10)
ANNUAL INSTALLMENT OF$2,200.00.
NO UnitFolio Site Address Site City Site Zip
85 0232270100280 1410 W 21 ST Miami Beach 33140-4503
86 0232280011740 1836 W 23 ST Miami Beach 33140-4521
87 0232280011910 2142 BAY AVE Miami Beach 33140-4534
88 0232270100150 2335 LAKE AVE Miami Beach 33140-4539
89 0232280011400 1621 W 24 ST Miami Beach 33140-4526
90 0232280011340 1505 W 23 ST Miami Beach 33140-4516
91 0232280011580 1745 W 23 ST Miami Beach 33140-4518
92 0232280011780 2324 BAY AVE Miami Beach 33140-4535
93 0232280011550 1510 W 23 ST Miami Beach 33140-4517
94 0232280011890 2130 BAY AVE Miami Beach 33140-4534
95 0232270100290 1420 W 21 ST Miami Beach 33140-4503
96 0232280011320 1530 W 24 ST Miami Beach 33140-4525
97 0232280011590 1750 W 24 ST Miami Beach 33140-4529
98 0232280011420 1601 W 24 ST Miami Beach 33140-4526
99 0232280011350 1441 W 23 ST Miami Beach 33140-4514
100 0232280011300 1600 W 24 ST Miami Beach 33140-4527
101 0232280011990 1515 W 22 ST Miami Beach 33140-4510
102 0232280011770 2312 BAY AVE Miami Beach 33140-4535
103 0232280011790 1839 W 24 ST Miami Beach 33140-4530
104 0232280011840 1745 W 24 ST Miami Beach 33140-4528
105 0232280011940 1635 W 22 ST Miami Beach 33140-4512
106 0232280011980 1531 W 22 ST Miami Beach 33140-4510
107 0232270100350 1520 W 21 ST Miami Beach 33140-4505
108 0232270100370 1540 W 21 ST Miami Beach 33140-4505
109 0232280011900 2138 BAY AVE Miami Beach 33140-4534
110 0232280012260 2201 SUNSET DR Miami Beach 33140-4545
111 0232270100200 2135 LAKE AVE Miami Beach 33140-4538
112 0232280011560 2277 SUNSET DR Miami Beach 33140-4545
113 0232280011290 2301 SUNSET DR Miami Beach 33140-4547
114 0232270100380 1550 W 21 ST Miami Beach 33140-4505
115 0232280011390 1717 W 24 ST Miami Beach 33140-4528
116 0232280011660 1710 W 23 ST Miami Beach 33140-4519
117 0232270100180 2305 LAKE AVE Miami Beach 33140-0000
118 0232280011760 2300 BAY AVE Miami Beach 33140-4535
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving, Following A Duly Noticed Public Hearing
Pursuant To Sections 170.07 And 170.08, Flo/ida Statutes, The Final Assessment Roll For The Special Assessment District Known As The
Sunset Islands 3&4 Utility Improvement District;And Confirming Such Assessments As Legal,Valid,And Binding First Liens Upon The Property
Against Which Such Assessments Are Made Until Paid.
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Approving And Authorizing The Mayor And Cit Clerk To
Execute, In A Form Acceptable To The City Attorney,An Easement Agreement With Florida Power&Light,As Well As Agreements With Florida
Power&Light In The Amount Of$939,915,An Agreement With AT&T In The Amount Of$169,056,And An Agreement With Atlantic Broadband In
The Amount Of$82,626, For The Placement Underground Of Overhead Utilities On Sunset Islands 3&4, And Further Authorizing The City To
Fund The Installation Of Conduits,And Finance Costs,All Of Which Shall Be Funded With Special Assessments.
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 February 20, 2002, the Mayor and City Commission adopted Resolution No. 2002-24761, authorizing the City Administration and City
Attorney's Office to proceed with the creation of a special assessment district, pursuant to Chapter 170, Florida Statutes,for the purpose of
funding the relocation underground of overhead utility lines on Sunset Islands 3&4(the"District").
On February 8, 2012, the Mayor and City Commission adopted Resolution No. 2012-27842, which, among other things, approved and allowed
the Sunset Islands 3&4 Homeowners Association("HOA")to proceed with the election requirement imposed by the City Commission in or about
2002,which requires that, as a condition precedent to the final establishment of the proposed special assessment district, at least sixty percent
(60%)of the benefitted property owners within such district vote in favor of its establishment and of the levy of special assessments to fund the
costs of the relocation underground of overhead utilities.
Pursuant to Resolution No.2012-27842,a special mail ballot election(the"Election")was held to determine whether at least 60%of the property
owners approved the creation of the District. Eighty-one percent(81%)of the homeowners on Sunset Islands 3&4 voted in favor of funding the
placement underground of overhead utilities through the creation,by the City Commission,of a special assessment district.Chapter 170, Florida
Statutes,authorizes the City to create a special assessment district to fund the undergrounding of electrical (FPL), telephone(AT&T),and cable
television(Atlantic Broadband)services,pursuant to voluntary agreement with the utilities.
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, for a term of ten (10) years, to fund the
placement underground of overhead utilities on Sunset Islands 3&4,at an estimated cost of$2,412,397.70.
On October 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29193 setting a public hearing for December 9, 2015 at
11:00 a.m.for the owners of the properties to be assessed within the proposed Sunset Islands 3&4 Utility Improvement District. 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.
Florida Power& Light, AT&T, and Atlantic Broadband have all submitted their design documents, including plans, specifications, binding cost
estimates, and agreements, to the City. The City must execute all agreements and pay the respective utility company for all work, in order to
complete the placement underground of electrical,telephone,and cable television services on Sunset Islands 3&4 by February 28,2016.
Following adoption of a Resolution accepting the public portion of the project(i.e., installation by the utilities of all wiring and systems, except for
connections to private properties)as complete,the City may begin collecting special assessments from the property owners.
The cost of the undergrounding project is based on the binding estimates that the City has received from the respective utility companies (FPL,
AT&T, and Atlantic Broadband). The total cost associated with the undergrounding of the franchise utilities includes the amounts set forth in the
binding estimates; costs for the City's contractor to install the conduits and related components; project management fees; financing costs; and
the City's administrative costs.
Pursuant to the Memorandum of Understanding,dated April 20,2012,between the City and the HOA,the City shall fund the project management
fees and the City's administrative fees. The costs of performing the Improvements, including the installation of conduits, and finance costs shall
be funded with special assessments.
Pursuant to the Florida Power & Light Electric Tariff, the City is required to grant Florida Power & Light any easements necessary to
accommodate the requested underground facilities.
The Administration recommends approval of the resolutions.
Financial Amount Account
Information: -
Funds: 1
2
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Department if rector Assistant City Manager City anager
D k , ETC OJ JLM
T:\AGENDr201 ,\October\CIP\Sunset Islands 3&4\Sunset Island 3&4 utility undergrounding-SUMMARY.d cx
AGENDA ITEM R7 f-
IAMI EA' H
SATE
MIAMI BI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COM ISSION MEMORANDUM
TO: Mayor Philip Levine and Members ►f the City Co mission
FROM: Jimmy L. Morales, City Manager _
1 i
DATE: December 9, 2015
SUBJECT: A RESOLUTION OF THE MAYOR £ND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA APPROVING, F I LLOWING A DULY NOTICED PUBLIC HEARING
PURSUANT TO SECTIONS 170.07 AND 170.08, FLORIDA STATUTES, THE FINAL
ASSESSMENT ROLL FOR THE SPECIAL ASSESSMENT DISTRICT KNOWN AS THE
SUNSET ISLANDS 3&4 UTILITY IMPROVEMENT DISTRICT,AND CONFIRMING SUCH
ASSESSMENTS AS LEGAL, VALID, AND BINDING FIRST LIENS UPON THE
PROPERTY AGAINST WHICH SUCH ASSESSMENTS ARE MADE UNTIL PAID.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN EASEMENT
AGREEMENT WITH FLORIDA POWER & LIGHT, AS WELL AS AGREEMENTS WITH
FLORIDA POWER & LIGHT IN THE AMOUNT OF $939,915, AN AGREEMENT WITH
AT&T IN THE AMOUNT OF $169,056, AND AN AGREEMENT WITH ATLANTIC
BROADBAND IN THE AMOUNT OF$82,626, FOR THE PLACEMENT UNDERGROUND
OF OVERHEAD UTILITIES ON SUNSET ISLANDS 3&4; AUTHORIZING THE CITY TO
FUND THE AGREEMENTS WITH THE UTILITIES,THE INSTALLATION OF CONDUITS,
AND ALL FINANCING COSTS, WHICH SHALL BE FUNDED WITH SPECIAL
ASSESSMENTs.
INTRODUCTION
The following Resolutions are submitted for consideration by the Mayor and City Commission: (1)a
Resolution approving the final assessment roll for the special assessment district known as the
Sunset Islands 3&4 Utility Improvement District, and(2)a Resolution approving and authorizing the
Mayor to execute agreements with Florida Power & Light, AT&T, and Atlantic Broadband, for the
placement underground of utilities on Sunset Islands 3&4,and further authorizing the City to fund the
costs associated with the placement underground of overhead utilities with special assessments.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting both Resolutions.
FUNDING
Payments to Florida Power & Light for $939,915, AT&T for $169,056, and Atlantic Broadband for
$82,626 will be temporarily encumbered against the City's line of credit. The City Administration does
not intend to use the existing line of credit,and instead will secure a bank loan for the project, subject
to approval of the Mayor and City Commission, in early 2016. No general fund revenues or reserves
will be used for this project.
City Commission Memorandum
Sunset Islands 3&4 Utility Improvement District:
Approval of Final Assessment Roll, Franchise Utility Agreements, and Funding
December 9, 2015 •
Page 2 of 4
BACKGROUND
On February 20, 2002, the Mayor and City Commission adopted Resolution No. 2002-24761,
authorizing the City Administration and City Attorney's Office to proceed with the creation of a
special assessment district, pursuant to Chapter 170, Florida Statutes,for the purpose of funding
the relocation underground of overhead utility lines on Sunset Islands 3 & 4 (the "District").
On February 8, 2012, the Mayor and City Commission adopted Resolution No. 2012-27842, which,
among other things, approved and allowed the Sunset Islands 3 & 4 Homeowners Association
("HOA")to proceed with the election requirement imposed by the City Commission in or about 2002,
which requires that, as a condition precedent to the final establishment of the proposed special
assessment district, at least sixty percent(60%)of the benefitted property owners within such district
vote in favor of its establishment and of the levy of special assessments to fund the costs of the
relocation underground of overhead utilities.
Pursuant to Resolution No. 2012-27842, a special mail ballot election (the "Election") was held to
determine whether at least 60% of the property owners approved the creation of the District. Eighty-
one percent (81%) of the homeowners on Sunset Islands 3 & 4 voted in favor of funding the
placement underground of overhead utilities through the creation, by the City Commission, of a
special assessment district. Chapter 170, Florida Statutes, authorizes the City to create a special
assessment district to fund the undergrounding of electrical (FPL), telephone (AT&T), and cable
television (Atlantic Broadband) services, pursuant to voluntary agreement with the utilities.
On September 10, 2014, and pursuant to Request for Proposals No. 2014-051-SR, the Mayor and
• City Commission adopted Resolution No. 2014-28749, authorizing the Mayor and City Clerk to
execute an agreement with Ric-Man International, Inc.,for design/build services for the Neighborhood
No. 8: Sunset Islands 3&4 Right-of-Way Infrastructure Improvements Project.The scope of services
consists of right-of-way improvements,as well as the installation of conduits and related components
for the future undergrounding of franchise utilities.
On October 14, 2015, the Finance and Citywide Projects Committee ("FCWPC") held a discussion
regarding the establishment of a special assessment district on Sunset Islands 3 & 4 to fund the
relocation underground of overhead utilities. FCWPC approved staff's recommendation to refer this
item to the City Commission, to adopt the first resolution to create the special assessment district.
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, for a term of ten (10) years, to fund the placement
underground of overhead utilities on Sunset Islands 3 & 4, at an estimated cost of$2,412,397.70
PUBLIC HEARING
On October 21, 2015,the Mayor and City Commission adopted Resolution No. 2015-29193 setting a
public hearing for December 9, 2015 at 11:00 a.m. for the owners of the properties 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 overhead 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
City Commission Memorandum
Sunset Islands 3&4 Utility Improvement District:
Approval of Final Assessment Roll, Franchise Utility Agreements, and Funding
December 9, 2015
Page 3 of 4
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 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.
ANALYSIS
The City intends to perform the placement underground of overhead utilities on Sunset Islands 3&4
in conjunction with the Neighborhood No. 8: Sunset Islands 3 & 4 Right-of-Way Infrastructure
Improvements Project. The City's contractor, Ric-Man International, Inc.,will install the conduits and
related components for the undergrounding, after which and, upon completion of the City's Capital
Improvement project, the respective utilities will install their wiring and systems.
Florida Power & Light, AT&T, and Atlantic Broadband have all submitted their design documents,
including plans,specifications, binding cost estimates,and agreements,to the City.The agreements
with FP&L, AT&T, and Atlantic Broadband are attached as Exhibits "A", "B", and "C", respectively.
The City must execute all agreements and pay the respective utility company for all work, in order to
complete the placement underground of electrical,telephone,and cable television services on Sunset
Islands 3 & 4 by February 28, 2016.
Following adoption of a Resolution accepting the public portion of the project(i.e., installation by the
utilities of all wiring and systems, except for connections to private properties)as complete, the City
may begin collecting special assessments from the property owners.
COSTS
The cost of the undergrounding project is based on the binding estimates that the City has received
from the respective utility companies (FPL,AT&T,and Atlantic Broadband). The total cost associated
with the undergrounding of the franchise utilities includes the amounts set forth in the binding
estimates; costs for the City's contractor to install the conduits and related components; project
management fees; financing costs; and the City's administrative costs.
Pursuant to the Memorandum of Understanding, dated April 20,2012, between the City and the HOA,
the City agrees to fund the District costs internal to the City, which are the project management fees
and the City's administrative fees. The costs of performing the Improvements, including the
installation of conduits, and finance costs shall be funded with this special assessment.
The total proposed special assessment has been reduced by the amount of the design deposits paid
by the HOA, as set forth in the table below. The costs are broken down as follows:
City Commission Memorandum
Sunset Islands 3&4 Utility Improvement District:
Approval of Final Assessment Roll, Franchise Utility Agreements, and Funding
December 9, 2015
Page 4 of 4
r Utility Company Construction Design Deposit Remaining
• Cost paid.by HOA
FPL $ 939,915.00 ($ 9,020.00) $ 930,895.00
ATT $ 177,056.00 ($ 8,000.00) $ 169,056.00
ABB $ 82,626.00 $ 82,626.00
$1,191,597.00 ($17,020.00) $1,174,577.00
City's Cost to Install Conduits(including material testing) $ 349,425.00
Financing & Processing Costs $ 880,395.70
Total Cost $2,412,397.70
Each property owner will bear the additional cost associated with the connection of the
undergrounded utility systems to each private property.Therefore, such additional costs are excluded
from the estimated costs set forth above.
FPL Easement
Pursuant to the Florida Power&Light Electric Tariff,the City is required to grant Florida Power&Light
any easements necessary to accommodate the requested underground facilities.
CONCLUSION
The Administration recommends adopting the Resolutions.
Attachments:
Exhibit A(Composite)—Agreements with FPL:
- Undergrounding Facility Conversion Agreement-Government Adjustment Factor Waiver
- City/County Right-Of Way Agreement For Underground Conversions (WR#3085435 & 3085349)
- Applicant-Installed Facilities Agreement for Underground Conversions (WR#3085435 & 3085349)
- Easement Agreement
Exhibit B—Agreement with AT&T
Exhibit C— •reement with Atlantic Broadband
JM/ETC/6