2016-29498 Reso RESOLUTION NO. 2016-29498
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ENDORSING, AS REQUIRED PURSUANT TO
SECTION 18-2 OF THE MIAMI-DADE COUNTY CODE, THE CREATION BY
MIAMI-DADE COUNTY OF SPECIAL TAXING DISTRICTS FOR DI LIDO
ISLAND AND SAN MARINO ISLAND, RESPECTIVELY, FOR THE
UNDERGROUNDING OF OVERHEAD UTILITIES, SUBJECT TO AND
CONTINGENT UPON COMPLIANCE WITH AND SATISFACTION OF THE
REQUIREMENTS FOR THE CREATION OF SPECIAL TAXING DISTRICTS,
AS SET FORTH IN CHAPTER 18 OF THE MIAMI-DADE COUNTY CODE.
WHEREAS, the Venetian Island Homeowners Association ("HOA") has approached the
City of Miami Beach about the creation of special taxing districts to fund the undergrounding of
overhead utilities on Di Lido and San Marino Islands (the "Districts"). Specifically, the HOA
seeks to relocate underground the following overhead utilities: electric (FPL), telephone (AT&T),
and cable television (Atlantic Broadband); and
WHEREAS, the relocation underground of overhead utilities protects utility services
during severe weather conditions, and enhances the aesthetic appearance of neighborhoods;
and
WHEREAS, Section 18-2 of the Miami-Dade County Code provides that no special
taxing district created pursuant to Chapter 18 "shall be comprised solely of a municipality or
embrace all or part of a municipality without the approval of the governing body of such
municipality." As such, the prior approval of the Mayor and City Commission is required before
the County may create the requested Districts. The HOA has requested that the City provide the
requisite approval by adopting this Resolution; and
WHEREAS, upon the County's successful creation of the Districts, the City and County
would need to enter into an interlocal agreement, pursuant to which the County would fund the
upfront costs associated with relocating the utilities underground and managing the construction
of the project; and
WHEREAS, in addition to the proposed City Resolution (which is the only action
required of the City pursuant to Chapter 18 of the County Code), the County Code requires that
either the County Mayor or 50% of the property owners within the proposed Districts sign a
petition requesting the establishment of the Districts; and
WHEREAS, upon receipt of such petition, the County Clerk shall transmit a copy to the
County Manager, who shall examine the petition and file a written report with the Clerk; and
WHEREAS, if the County Manager finds that the petition meets the requirements of
Chapter 18, the County Manager shall conduct a cost and feasibility study and prepare a report
that meets the specific requirements set forth in Section 18-3(c) of the County Code. Once the
report is finalized, the County Clerk shall set a public hearing for the Board of County
Commissioners to hear testimony, consider any objections, and determine whether to grant the
petition to create the Districts; and
WHEREAS, following the public hearing, if the Board of County Commissioners decides
to grant the petition, it shall adopt an ordinance establishing the Districts; and
WHEREAS, though the County will finance the project and levy and collect the special
assessments, it is anticipated that the City will manage the construction of these improvements.
For this reason, an interlocal agreement will be required; and
WHEREAS, the total cost of the project will include estimates from the utility companies,
financial consultant fees, and the reimbursable expenses of the HOA.
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
endorse, as required pursuant to Section 18-2 of the Miami-Dade County Code, the creation of
special taxing districts for Di Lido Island and San Marino Island, respectively, for the
undergrounding of overhead utilities, subject to and contingent upon compliance with and
satisfaction of the requirements for the creation of special taxing districts, as set forth in Chapter
18 of the Miami-Dade County Code.
PASSED AND ADOPTED this /3 day of July, 201.
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APPROVED AS TO
T:\AGENDA\20161JuIy\Public Works\Taxing district. RESO.docx FORM & LANGUAGE
&FOR EXE UTION
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City A •+- Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Endorsing, As Required
Pursuant To Section 18-2 Of The Miami-Dade County Code, The Creation By Miami-Dade County Of Special Taxing
Districts For Di Lido Island And San Marino Island, Respectively, For The Undergrounding Of Overhead Utilities,
Subject To And Contingent Upon Compliance With And Satisfaction Of The Requirements For The Creation Of Special
Taxing Districts, As Set Forth In Chapter 18 Of The Miami-Dade County Code.
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability
Item Summary/Recommendation:
The Venetian Island Homeowners Association("HOA")has approached the City of Miami Beach about the creation of
special taxing districts to fund the undergrounding of overhead utilities on Di Lido and San Marino Islands (the
"Districts"). Specifically, the HOA seeks to relocate underground the following overhead utilities: electric (FPL),
telephone(AT&T), and cable television (Atlantic Broadband).
Section 18-2 of the Miami-Dade County Code provides that no special taxing district created pursuant to Chapter 18
"shall be comprised solely of a municipality or embrace all or part of a municipality without the approval of the governing
body of such municipality."As such,the prior approval of the Mayor and City Commission is required before the County
may create the requested Districts.The HOA has requested that the City provide the requisite approval by adopting this
Resolution.
Uporr the County's successful creation of the Districts, the City and County would need to enter into an interlocal
agreement, pursuant to which the County would fund the upfront costs associated with relocating the utilities
underground and managing the construction of the project.
In addition to the proposed City Resolution (which is the only action required of the City pursuant to Chapter 18 of the
County Code), the County Code requires that either the County Mayor or 50% of the property owners within the
proposed Districts sign a petition requesting the establishment of the Districts. Upon receipt of such petition,the County
Clerk shall transmit a copy to the County Mayor,who shall examine the petition and file a written report with the Clerk.
If the County Mayor finds that the petition meets the requirements of Chapter 18,the County Mayor shall conduct a cost
and feasibility study and prepare a report that meets the specific requirements set forth in Section 18-3(c)of the County
Code. Once the report is finalized, the County Clerk shall set a public hearing for the Board of County Commissioners
to hear testimony, consider any objections, and determine whether to grant the petition to create the Districts.
Following the public hearing, if the Board of County Commissioners decides to grant the petition, it shall adopt an
ordinance establishing the Districts.
Costs
Though the County will finance the project and levy and collect the special assessments, it is anticipated that the City
will manage the construction of these improvements. For this reason, an interlocal agreement will be required.
The total cost of the project will include estimates from the utility companies, financial consultant fees, and the
reimbursable expenses of the HOA.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
n/a
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Assistant Department Assistant City City Manager
Director Manager e -‘IN
JJF ETC JLM
T:WGENDA\2016\July\Public Works\Palm and Hibiscus Special Taxing Districts.Summary.docx
MIAMI BEACH Agenda Item
Date -7-13-16
CI= MIAMI BEACH
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: Jimmy L. Morales, City Manager
DATE: July 13, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ENDORSING, AS REQUIRED PURSUANT TO SECTION 18-2 OF
THE MIAMI-DADE COUNTY CODE, THE CREATION BY MIAMI-DADE COUNTY OF
SPECIAL TAXING DISTRICTS FOR DI LIDO ISLAND AND SAN MARINO ISLAND,
RESPECTIVELY, FOR THE UNDERGROUNDING OF OVERHEAD UTILITIES,
SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH AND SATISFACTION
OF THE REQUIREMENTS FOR THE CREATION OF SPECIAL TAXING DISTRICTS,AS
SET FORTH IN CHAPTER 18 OF THE MIAMI-DADE COUNTY CODE.
ANALYSIS
The Venetian Island Homeowners Association ("HOA") has approached the City of Miami Beach
about the creation of special taxing districts to fund the undergrounding of overhead utilities on Di
Lido and San Marino Islands (the"Districts"). Specifically, the HOA seeks to relocate underground
the following overhead utilities: electric (FPL), telephone (AT&T), and cable television (Atlantic
Broadband).
Section 18-2 of the Miami-Dade County Code provides that no special taxing district created
pursuant to Chapter 18 "shall be comprised solely of a municipality or embrace all or part of a
municipality without the approval of the governing body of such municipality." As such, the prior
approval of the Mayor and City Commission is required before the County may create the requested
Districts. The HOA has requested that the City provide the requisite approval by adopting this
Resolution.
Upon the County's successful creation of the Districts,the City and County would need to enter into
an interlocal agreement, pursuant to which the County would fund the upfront costs associated with
relocating the utilities underground and managing the construction of the project.
In addition to the proposed City Resolution (which is the only action required of the City pursuant to
Chapter 18 of the County Code), the County Code requires that either the County Mayor or 50% of
the property owners within the proposed Districts sign a petition requesting the establishment of the
Districts.
Upon receipt of such petition,the County Clerk shall transmit a copy to the County Mayor,who shall
examine the petition and file a written report with the Clerk.
If the County Mayor finds that the petition meets the requirements of Chapter 18,the County Mayor
shall conduct a cost and feasibility study and prepare a report that meets the specific requirements
Commission Memorandum
DeLido and San Marino Islands Special Taxing Districts
July 13, 2016
Page 2 of 2
set forth in Section 18-3(c) of the County Code. Once the report is finalized, the County Clerk shall
set a public hearing for the Board of County Commissioners to hear testimony, consider any
objections, and determine whether to grant the petition to create the Districts.
Following the public hearing, if the Board of County Commissioners decides to grant the petition, it
shall adopt an ordinance establishing the Districts.
Costs
Though the County will finance the project and levy and collect the special assessments, it is
anticipated that the City will manage the construction of these improvements. For this reason, an
interlocal agreement will be required.
The total cost of the project will include estimates from the utility companies, financial consultant
fees, and the reimbursable expenses of the HOA.
CONCLUSION
The Administration recommends approval of the Resolution endorsing the creation by Miami-Dade
County of special taxing districts on Di Lido and San Marino Islands for the undergrounding of
overhead utilities.
JLM/ETC/BAM/JJF
T:\AGENDA\20161July\Public Works\Palm and Hibiscus Special Taxing Districts Memo.doc