2016-29643 Reso RESOLUTION NO. 2016-29643
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH ENDORSING, AS REQUIRED PURSUANT TO SECTION
18-2 OF THE MIAMI-DADE COUNTY CODE, THE CREATION BY MIAMI-
DADE COUNTY OF SPECIAL TAXING DISTRICT FOR PALM ISLAND FOR
THE UNDERGROUNDING OF OVERHEAD FRANCHISE 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, on May, 13, 2009, Resolution No. 2009-27065 was adopted, approving the
creation of special taxing districts for Palm and Hibiscus Islands; and
WHEREAS, the Resolution required further action by the property owners or Miami-
Dade County in order to finalize the special taxing district; and
WHEREAS, it was required for 50% of the property owners to sign a petition requesting
the special taxing district, this requirement was unsuccessful for Palm Island; and
WHEREAS, the special taxing district was never created; and
WHEREAS, in early 2016, the Palm-Hibiscus Islands Homeowners Association (HOA)
approached the City of Miami Beach regarding the creation of a special taxing district by Miami-
Dade County to fund the undergrounding of overhead franchise utilities on west Palm Island
(the "District"); and
WHEREAS, the HOA seeks to relocate underground the following overhead utilities:
electric (FPL), telephone (AT&T), and cable television (Atlantic Broadband); and
WHEREAS, the HOA have also requested the conversion of North and South Coconut
Lanes, on Palm Island, from two-way into one-way traffic circulation pattern in order to
accommodate the franchise utility system relocation; 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;" and
WHEREAS, the prior approval of the Mayor and City Commission is required before the
County may create the requested special taxing district; and
WHEREAS, 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 District, the City and Miami-
Dade 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 Resolution, which is the only action required of
the City pursuant to Chapter 18 of the County Code, the Miami-Dade County Code requires that
either the County Mayor or 50 percent of the property owners within the proposed District sign a
petition requesting the establishment of the special taxing district; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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 Miami-Dade County Board of County
Commissioners decides to grant the petition, it shall adopt an ordinance establishing the District;
and
WHEREAS, Miami-Dade County will finance the project and levy and collect the special
assessments; and
WHEREAS, it is anticipated that the City will manage the construction of these
improvements; and
WHEREAS, an interlocal agreement with Miami-Dade County will be required; and
WHEREAS, the total cost of the project may include the amount set in the franchise
utilities binding estimates, Miami-Dade County charges, City's contractors cost to install the
conduits and the related material needed for the undergrounding and the City's construction
administration costs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission endorse, as required pursuant to section 18-2 of the Miami-Dade County Code, the
creation by Miami-Dade County of a Special Taxing District for Palm Island, respectively, for the
undergrounding of overhead franchise 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 9 day of AOI'fen7 aEY 2016.
PHILIP L.(/IN ! /YOR
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 9, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH ENDORSING, AS REQUIRED PURSUANT TO SECTION 18-2 OF
THE MIAMI-DADE COUNTY CODE, THE CREATION BY MIAMI-DADE COUNTY
OF SPECIAL TAXING DISTRICT FOR PALM ISLAND, RESPECTIVELY, FOR
THE UNDERGROUNDING OF OVERHEAD FRANCHISE 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.
RECOMMENDATION
Administration recommends that the City Commission approve the Resolution.
ANALYSIS
On May, 13, 2009, Resolution No. 2009-27065 was adopted, approving the creation of Special
Taxing Districts for Palm and Hibiscus Islands. The Resolution required further action by the
property owners or the County in order to finalize the Special District. It was required for 50% of
the property owners to sign a petition requesting the Special Taxing District, this requirement
was unsuccessful for Palm Island.
In early 2016, the Palm-Hibiscus Islands Homeowners Association (HOA) approached the City
of Miami Beach regarding the creation of a special taxing district by Miami-Dade County to fund
the undergrounding of overhead franchise utilities on west Palm Island (the "District").
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 District. The HOA has requested that the City provide the requisite approval by
adopting this Resolution.
Upon the County's successful creation of the District, 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.
Page 588 of 906
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 District 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 District.
COST
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 with the County will be required.
The total cost of the project may include the amount set in the franchise utilities binding
estimates, County charges, City's Contractors cost to install the conduits and the related
material needed for the undergrounding and the City's construction administration costs.
CONCLUSION
The Administration recommends approval of the Resolution endorsing the creation by Miami-
Dade County of special taxing districts on west Palm Island for the undergrounding of overhead
Franchise utilities.
KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Palm Island Special Taxing District
o Resolution
Page 589 of 906