Ordinance 87-2582 ORDINANCE NO. 87-2582
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING SECTIONS 29 AND 30 OF THE
MIAMI BEACH CITY CHARTER GOVERNING "LOCAL IMPROVEMENTS
GENERALLY" BY INCLUDING ThEREIN IMPROVEMENTS FOR THE
PURPOSE OF STABILIZING AND IMPROVING RETAIL AND/OR
WHOLESALE BUSINESS DISTRICTS AND/OR NATIONALLY
RECOGNIZED HISTORIC DISTRICTS THROUGH PROMOTION,
MANAGEMENT, MARKETING AND OTHER SIMILAR SERVICES IN
BUSINESS DISTRICTS OF THE CITY OF MIAMI BEACH ;
DELETING PROVISIONS GOVERNING POSTING OF PLANS,
SPECIFICATIONS, AND ESTIMATES OF LOCAL IMPROVEMENT AND
PROVISION GOVERNING POSTING NOTICE CALLING FOR SEALED
BIDS ; PROVIDING THAT LOCAL IMPROVEMENT ASSESSMENTS MAY
BE DETERMINED BY FRONT FOOTAGE OR BY SUCH OTHER METHOD
AS THE CITY COMMISSION MAY PRESCRIBE, SUBSTITUTING THE
CITY FINANCE DIRECTOR FOR THE CITY CLERK AS THE
INDIVIDUAL RESPONSIBLE FOR HANDLING OF THE LOCAL
IMPROVEMENT ASSESSMENT ROLL; PROVIDING THAT LOCAL
IMPROVEMENT PROJECTS NOT BONDED SHALL BE PAID FOR FROM
SPECIAL ASSESSMENTS LEVIED AGAINST THE AFFECTED
PROPERTIES ; PROVIDING THAT BONDS ISSUED HEREUNDER SHALL
NOT BE PAYABLE OUT OF THE GENERAL REVENUES OF THE CITY
OF MIAMI BEACH BUT SHALL BE PAYABLE SOLELY OUT OF THE
SPECIAL ASSESSMENTS ; PROVIDING THAT SAID BONDS NEED NOT
BE APPROVED BY THE ELECTORATE PROVIDING THAT THE CITY
COMMISSION IS AUTHORIZED TO LEVY AN ANNUAL SPECIAL TAX
UPON ALL AFFECTED TAXABLE PROPERTY WITHIN THE AREA TO
BE IMPROVED FOR REPAYMENT OF SAID BONDS; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
Byr C:7 FT ORIDA
SECTION I: That Sections 29 and 30 of the City Charter of the
City of Miami Beach, Florida are hereby amended to read as
follows:
Secs. 29 and 30. Local improvements generally.
Editor' s note. --The letters enclosed in parentheses in this
section were not a part of the original Act. They were inserted
here for the purpose of clarification.
(a) The city commission is hereby authorized and empowered
in the manner herein provided to cause any waterway within said
city to be bulkheaded; to cause groynes or jetties to be
constructed along the shore and into the Atlantic Ocean to
protect the main land from the effects of tides and winds; to
cause boardwalks or other walks or seawalls to be constructed in
its public parks and upon or along any property of said city, or
in which it has a perpetual easement, or which is dedicated to
said city or the public along or near the shore of the Atlantic
Ocean; to cause any and all highways, by whatever designation
they may be known, or any part thereof, to be lighted, graded,
paved, repaved, macadamized, remacadamized and to cause curbs and
gutters to be constructed thereupon, and sanitary sewers, storm
1
sewers and other drains to be laid or constructed in any such
highway, or part thereof, and/or in any right of way or easement
granted to or acquired by said city or any dedicated way; to
cause improvements for the purpose of stabilizing and improving
retail and/or wholesale business districts and/or nationally
recognized historic districts through promotion, management,
marketing and other similar services in business districts of the
City of Miami Beach, and to provide for the payment of the cost
thereof.
(b) In this section certain words and phrases will be used
with the following meanings, unless other meaning is plainly
intended:
The main divisions of this section are sometimes herein
termed paragraphs, and the divisions of paragraphs are sometimes
herein termed subparagraphs.
A local improvement is an improvement defined by this
section and made under the provisions thereof.
The word city commission shall be deemed to refer to the
city commission of the City of Miami Beach.
The term "front footage" shall refer to the number of feet
of property abutting the improvement.
A highway is a public way, embracing a street, boulevard,
avenue, lane, alley, parkway, court, terrace and place, but not
embracing a sidewalk.
A sidewalk is a path for pedestrians along a highway.
A storm sewer is a conduit above or below the ground, for
the passage of storm water, and may embrace a pumping station and
outlet where deemed necessary, and may also embrace the building
of culverts over or enclosing of streams where necessary or
advisable to carry off storm water.
A sanitary sewer is an underground conduit for the passage
of sewage and may embrace a pumping station and outlet where
deemed necessary.
A curb sewer is a sanitary sewer at or near a curb instead
of at or near the middle of a highway.
A lateral is a pipe connecting a sewer main with the line of
adjacent property or the curb line, as the city commission may
prescribe, being either a sewer lateral or a water lateral, but
does not include a building connection, that is, a pipe extending
from a lateral at the property line or curb line to the house or
plumbing fixture on the property.
An easement is a right of way granted by one or more
property owners to or acquired by the City of Miami Beach,
granted or acquired for use in laying, constructing and
maintaining sewers, conduits, drains, groynes, seawalls, board or
other walks and shall include easements created by dedication.
A white way light is a system of ornamental posts and
2
ornamental lamps with connections for supplying electric energy
therefor.
A groyne or jetty is a structure extending from the main
land into water to prevent the washing away of land or to
regulate accretion.
A seawall is a structure to prevent the overflow of water
and damage to land or other property.
Improvements authorized to be made under the provisions of
this Act are divided into s3.: eight classes, as follows:
Class 1: Highway improvements embrace the grading, paving,
repaving, macadamizing and remacadamizing of highways with
necessary drainage, sewer inlets, manholes and catch basins, and
if the city commission so orders, may embrace curbs and gutters.
Class 2 : Sidewalk improvements embrace grading and
construction of sidewalks, and, if the city so orders, may
embrace curbs and gutters.
Class 3 : Sanitary sewers embrace the construction of
sanitary sewers, the relaying, where necessary, of streets and
sidewalks necessarily torn up or damaged and, if the city
commission so orders, the laying of sewer laterals as a separate
improvement or as a part of the main improvement.
Class 4 : Storm sewer improvements embrace the construction
of storm sewers, the relaying, where necessary, of streets and
sidewalks necessarily torn up or damaged, and, if the city
commission so orders, the laying of sewer laterals as a separate
improvement or as a part of the main improvement. Storm sewer
improvements may also embrace the building of culverts over or
enclosing of streams where necessary or advisable to carry off
storm water.
The word "sewer" includes both sanitary and storm sewers unless a
contrary intention is shown.
Class 5. Waterfront improvements embrace the construction
of bulkheads, seawalls and other retaining walls along a bay,
creek, canal or lake, and the construction of groynes or jetties
or seawalls along the shores of the Atlantic Ocean with necessary
fills and dredging, and said water front improvements may embrace
the acquisition by purchase, condemnation or otherwise of land
rights and easements therefor.
Class 6: Board or other walks embrace the construction of
any kind of walk or promenade in public parks or in or on an
easement along or near the shore of the Atlantic Ocean and may
embrace the acquisition by purchase, condemnation or otherwise of
land rights and easements therefor.
Class 7 : White way lights embrace the purchase and erection
of ornamental posts and lamps with connections necessary for
lighting highways and relaying, where necessary, of streets and
sidewalks necessarily torn up and damaged.
3
Class 8 : Improvements for the purpose of stabilizing and
improving retail and/or wholesale business districts and/or
nationally recognized historic districts through promotion,
management, marketing, and other similar services in business
districts of the City of Miami Beach.
Incidental expense embraces the following items, including
reasonable sums paid or credited to the city, or any department
thereof, for services rendered by any department or officer or
clerk thereof in connection with any such items:
Preliminary and other surveys.
Inspection and superintendence of work.
Preparation of plans and specifications and estimates.
Printing and publishing of notices and proceedings.
Preparation of bonds.
Interest during construction.
Legal services, abstracts, etc.
Any other expense necessary or proper in conducting the
proceedings and work herein provided for.
Railroad includes all forms of transportation by rail not
owned by the city, whether propelled by electric, gasoline or
steam power.
(c) The City of Miami Beach is authorized to make local
improvements and provide for paying the cost thereof as herein
provided.
(d) The initial proceedings for local improvements
hereunder shall be the passage at a regular or special meeting of
the city commission of a resolution ordering the same to be made
under this section, indicating the location by terminal points
and route, either giving a description of the improvements by its
material, nature, character and size, or giving two or more such
descriptions with the direction that the material, nature,
character and size be subsequently determined in conformity with
one of such descriptions. A single resolution may embrace one
improvement only, or one improvement of each of two or more
classes of improvements. An improvement need not be continuous
and may be in more than one locality or highway or easement, but
highway, sidewalk or easement improvement shall be practically
uniform in cost and kind throughout the improvement, and a
sanitary sewer improvement shall not provide for a curb as a part
of the improvement, and a sewer at or near the middle of a
highway as another part. Nothing herein shall prevent the city
commission from excluding from any highway improvement that
portion of the highway which has been improved by any railroad,
or any portion which the city may, under the franchise or
contract with such railroad, require it to improve. If the
resolution shall order a waterway or storm sewer improvement, or
groyne or jetty improvement, or board or other• walk improvement,
4
or bulkhead improvement, it shall designate the property which
the city commission deems will be especially benefited thereby,
and, if any of said improvements be ordered and a proportion of
the cost thereof is to be borne by the city at large the
resolution shall indicate such proportion, and the proportion
thereof which shall be especially assessed. A resolution may
give any sure and convenient designation to each improvement
ordered thereby, and the property against which assessments are
to be made for the cost of such improvement shall be designated
as a district, followed by a letter or number or name to
distinguish it from other districts, after which it shall be
sufficient to refer to such improvement and property by such
designations in all proceedings, assessments and bonds, except in
the notice provided by paragraph (f) of this section.
(e) As soon as may be after the passage of said resolution
the city engineer, and/or such other officer or officers as the
city commission may designate, shall prepare and file with the
city clerk plans and specifications of each improvement ordered
thereby and an estimate of the cost thereof including an estimate
of the cost of each kind of improvement, if the resolution
provided alternative descriptions of material, nature, character
and size, which estimates shall show the estimated amount of cost
and incidental expense to be assessed against property, and
except in case of improvements the cost of which, or part
thereof, is to be assessed against an area deemed especially
benefited thereby, the estimated amount to be assessed against
each front foot of abutting property, or to be assessed by such
other method as the city commission may prescribe.
(f) The city clerk upon the filing w tk-1,tim of such plans,
specifications and estimates shall peat-er-eause-to-be-posted- et
tl°te-deaf-ef- -e-it 1-}-- rt-the-€4ty--o{--i4-i-a-r-Beac.h-,--ai - °r-a
�eaat-twe-etbet- ub34-e iA acee-s-int-the-eitp-e-f-*4-ei ri fir,-- -r--te
be published at least once in a newspaper of general circulation
in said city, a notice stating that at a meeting of the city
commission on a certain date and hour not earlier than ten days
from such publication or posting the City Commission will hear
the objections of all interested persons to the confirmation of
said resolution, which notice shall state in brief and general
terms a description of the proposed improvement, with the
location thereof, and shall also state that plans, specifications
and estimate of cost thereof are on file in the office of the
city clerk.
(g) At the time named in said notice, or to which an
adjournment may be taken, the city commission shall receive any
objections of interested persons, and may then or thereafter
repeal or confirm said resolutions with such amendments, if any,
as may be desired by the city commission and which do not change
5
in any way the location of improvement or improvements; provided,
however, that such resolution shall not then or thereafter be
confirmed if it contains items which cannot be properly charged
to the property owners, or if it is, for any default or defect in
the passage or character of the resolution or estimate, void or
voidable, in whole or in part, or if it exceeds the power of the
city commission.
(h) Within ten days after such confirmation, the resolution
confirming same, together with the estimates submitted, shall be
recorded by the city clerk in a special book to be kept for that
purpose, which book shall be known as Improvement and Assessment
Book, and which book shall give the description by lot and block
number, or by metes and bounds, of the pieces of property
affected thereby, together with the estimated amount per front
foot (or by such other method prescribed by the city commission)
assessable against each lot or portion thereof, except in case of
improvement the cost of which, or part thereof, is to be assessed
against an area deemed especially benefited thereby, in which
case there shall be given the estimated amount per square foot or
the estimated amount, which abuts upon or is benefited by the
improvement or assessment, which said book shall be ruled in such
a way that any person can readily ascertain the assessment
against any piece of property affected, and it shall not be
necessary to record the same in the minutes of the meeting of the
city commission in such meeting.
(i) All objections to any improvement resolution on the
grounds that it contains items which cannot be properly charged
to the property owners or that it is, for any default or defect,
in the passage or character of the resolution or estimate, void
or voidable, in whole or in part, or that it exceeds the power of
the legislative body of the municipality, shall be made in
writing, in person or by attorney, and filed with the city clerk
at or before the time or adjourned time of such hearing. Any
objections made against the making of an improvement not so made
shall be considered as waived, and if any objection shall be made
and overruled or shall not be sustained, the confirmation of the
resolution shall be the final adjudication of the issues
presented, unless proper steps shall be taken in a court of
competent jurisdiction to secure relief within ten days.
(j ) On or after the date of confirmation of any such
resolution ordering work to be constructed the city clerk shall
pest:-ems-e&u ee-te-bre-peeteei-&t-the--cheer-e€-G t)P'
&r -4n--ate leaat=-tNee-ether--ptr rl-i -134-at - rt-sa4el-moi-t ;--err---o--be
published at least once in a newspaper of general circulation in
the city, and if the estimated cost exceeds five thousand
dollars, in a newspaper of general circulation in Dade County,
Florida, a notice calling for sealed bids to be received by the
6
city commission on a day not earlier than fifteen days from the
first posting or publication for the construction of the work,
unless such resolution the city commission shall have declared
its intention to have the work done by the city forces without
contract. The notice may refer in general terms to the extent
and nature of the improvement or improvements, and may identify
the same by the short designation indicated in the initial
resolution and by reference to the plans and specifications on
file. If the initial resolution shall have given two or more
alternative descriptions of the improvement as to its material,
nature, character and size, and if the city commission shall not
have theretofore determined upon a definite description, the
notice shall call for bids upon each of such descriptions. No
contractor shall be required to take bonds, warrants or
certificates which abut upon the sides of that part of any
highway to be in payment, but payment may be made in cash upon
monthly estimates of the city engineer to the amount of ninety
per cent of such estimates, and the balance due shall be paid in
cash within sixty days after acceptance of the work and said
notice may state such conditions as to payment. Bids may be
requested for the work as a whole or for any part thereof
separately, and bids may be asked for any one or more
improvements offered by the same or different resolutions, but
any bid covering work upon more than one improvement shall be in
such form as to permit a separation of cost as to each
improvement. The notice may require bidders to file with their
bids a certified check on an incorporated bank or trust company
for two and one-half per cent of the amount of their respective
bids, to insure the execution of a contract to carry out the work
in accordance with such plans and specifications, and to insure
the filing at the making of such contract of a bond in the amount
of the contract price, with sureties satisfactory to the city,
conditioned for the performance of the work in accordance with
said contract. The city commission shall have the right to
reject any or all bids, and if all bids are rejected, the city
commission may readvertise for all or a part of such work, or may
determine to do all or a part of the work without contract.
(k) After a contract shall have been entered into for any
improvement embraced in any resolution, or, if the city shall do
the work itself, after an improvement authorized by any
resolution shall have been completed the city engineer and/or
such other officer or officers as the city commission may
designate shall prepare a preliminary assessment roll and file
same with the city clerk, which roll shall contain the following:
1. A description of the lots and parcels of land within the
district, which in the case of improvements the cost of which or
part thereof is to be assessed against an area deemed especially
7
benefited thereby shall include all property declared by the city
commission in such improvement resolution to be especially
benefited thereby, and in the case of other improvements shall
include lots and lands improved, or in which a sanitary sewer,
except a curb sewer, is to be laid and the lots and lands which
abut upon the side or sides of any highway in or along which side
or sides of a sidewalk is to be constructed or a sanitary curb
sewer is to be laid. Such property, lots and lands shall include
city property and lands within the city, which abut upon an
intersection as therein defined. There shall also be given the
name of the owner of each lot or parcel where such can be
ascertained from the city records, and in all cases, save areas
to be assessed for the cost or part thereof, and deemed to be
especially benefited, a statement of the number of feet of
property so abutting, which number of feet shall be known as the
frontage.
2 . In case of highway improvements a description of any
track or tracks of railroad as herein defined, already laid or
for the laying of which any franchise shall have been granted
within the portion of the highway or highways to be improved,
giving the number of tracks, the distance between the tracks and
the distance between the rails, if an assessment is to be made
against such railway or the owners thereof.
3 . The total cost of the improvement which, if made by
contract, shall be the price named therein or the price computed
from unit prices named therein, taking into consideration minor
changes and alterations found necessary, but if the city shall do
the work itself, the actual cost of such work, and in all cases
the amount of incidental expense, estimated or actual.
4 . An apportionment, to be computed as follows, of the cost
of each improvement and incidental expense, to be apportioned in
the same proportion:
A. IN HIGHWAY IMPROVEMENTS
(a) To any railroad as herein defined, the track or tracks
of which may be in or upon any portion of the highway or
intersection to be improved, or to which any franchise for such
track or tracks shall have been granted, provided assessment is
to be made against such railroad or the owners thereof pursuant
to such franchise, there shall be apportioned the cost of such
improvement between the tracks and between the rails of each
track, and for the distance of 18 inches beyond each outer rail,
including switches and turnouts; and when as assessment of such
apportionment shall have been confirmed against any such
railroad, it shall constitute a lien upon all the franchises and
property thereof to the same extent as other assessments herein
provided for constitute liens upon abutting or benefited
property; provided, however, that when any such railroad shall
8
operate, or be about to operate under any ordinance, contract or
franchise which provides for the amount, manner and conditions of
the payment of cost by such railroad, the foregoing provisions as
to such railroad shall apply only to the extent the same may not
be inconsistent with any such ordinance, contract, or franchise,
and provided that if under the terms of any ordinance, contract
or franchise, the city shall exempt such railroad from
assessment, the cost which would otherwise be assessable against
such railroad shall be assessed against the property abutting
upon such highway, as if the railroad were not in existence.
(b) To the city shall be apportioned the cost of highway
improvements at the intersections, except that part of such
intersection cost as is apportioned to railroads. The word
"intersection" shall be deemed to include not only that part of a
highway which is common to another highway, but also that portion
of a highway which would be embraced within the extension, if
extended, of another highway entering into it or meeting it.
(c) To abutting property shall be apportioned the remaining
cost of highway improvements.
B. IN SIDEWALK IMPROVEMENTS.
(d) To abutting property shall be apportioned all the cost
of sidewalk improvements, the lots within a block being deemed to
abut upon a sidewalk although the latter extends beyond the lots
to the curb line of an intersecting highway.
C. IN SANITARY SEWER IMPROVEMENTS.
(e) To the city shall be apportioned the cost of the
sanitary improvements at intersections.
(f) To the city shall be apportioned the cost of any
pumping station or outlet.
(g) To each lots or parcel of land to the property or curb
line of which a sanitary sewer lateral is laid, shall be
apportioned the cost of that lateral .
(h) To abutting property shall be apportioned either (a)
the cost of a sanitary sewer, except at intersections, or (b) the
cost of an 8-inch sanitary sewer, except at intersections, as
such cost is estimated by the city engineer (whichever be the
lesser) not including therein the cost of laterals, pumping
station or outlet.
D. IN STORM SEWER IMPROVEMENTS
(i) To the city shall be apportioned one-third of the cost
of storm sewers including any pumping station and outlet, but
excluding storm sewer laterals.
(j ) To the lots and parcels within the district shall be
apportioned two-thirds of the cost of storm sewers, including any
pumping station and outlet, but excluding laterals.
(k) To each lot and parcel, to the property or curb line of
9
which a storm sewer lateral shall be laid, shall be apportioned
the cost of such lateral.
E. IN WATER FRONT IMPROVEMENTS
(1) To the city shall be apportioned such part of the cost
of water front, board or other walk improvements as may have been
determined by the initial resolution.
(m) To the lots and parcels within the district or area
deemed especially benefited shall be apportioned the remaining
part of water front improvements or board or other walk
improvements.
F. IN WHITE WAY LIGHT IMPROVEMENTS
(n) To the city shall be apportioned such portion of the
cost of white way light improvements as may have been determined
by the city commission by the initial resolution.
(o) To the lots or parcels of land within a given block
(meaning that land lying between two parallel streets) abutting
on a street so improved shall be apportioned the remaining cost
of white way light improvements made in such block on the side
where such property abuts.
G. IN IMPROVEMENTS FOR BUSINESS AND/OR
HISTORIC DISTRICTS
To the lots and parcels within the district or area deemed
especially benefited shall be apportioned all the cost of
improvements for business and/or historic districts, and to the
city may be apportioned such portion of the cost of these
improvements as may have been determined by the city commission
in the initial resolution.
ASSESSMENT OF INDIVIDUAL LOTS.
(p) The amount of the cost of water front and board or
other walks, improvements and storm sewers, including laterals so
apportioned to lots and parcels of land, shall be assessed to the
several lots and parcels within the district, in the proportion
which the city engineer deems to be the proportion of special
benefits each such lot or parcel shall receive, and the amount of
cost of each highway, sidewalk and sanitary sewer improvement,
except laterals so apportioned to abutting property, shall be
assessed in said roll against such abutting property, according
to frontage, or by such other method as the city commission may
prescribe.
(q) The preliminary roll shall be advisory only and shall
be subject to the action of the city commission as hereinafter
provided.
(r) Upon the filing with the city clerk of the preliminary
roll required by this section, the city clerk shall publish once
for each of two successive weeks, in a ca }y newspaper of general
circulation in the City of Miami Beach, tl°raboll°r-it-map-ire- -paper
pith al°red-- ft-tl-e-e tp-e€M a-m ,--Fer a- a notice stating that at
10
a regular meeting of the city commission to be held on a certain
day and hour, not less than twelve days from the date of the
first publication, all interested persons may appear and file
written objections to the confirmation of said roll.
(s) At the time and place stated in such notice, the city
commission shall hear and receive the objections in writing of
all interested persons interested in such notice. Then or
thereafter, the city commission shall either annul or sustain or
modify, in whole or in part, the prima facie assessment as
indicated on such roll, either by confirming the prima facie
assessment against any or all lots or parcels therein described,
or by cancelling, increasing or reducing the same, according to
the special benefits which said city commission decide each said
lot or parcel has received or will receive on account of such
improvement. If any property which may be chargeable under this
section shall have been omitted from said preliminary roll, or if
the prima facie assessment has not been made against it, the city
commission may place on said roll an apportionment to said
property. The city commission may thereupon confirm said roll,
but shall not confirm any assessment in excess of the special
benefits to the property assessed, and assessments so confirmed
shall be in proportion to the special benefits. Forthwith after
such confirmation said assessment roll shall be delivered to the
city el-e-/-k finance director and such confirmation shall be final
and conclusive, except as hereinafter provided.
(t) If the owners of any railroad or any lot or parcel of
land so assessed shall within ten days from such confirmation
file a written verified petition in the office of the clerk of
the circuit court of Dade County, Florida, setting forth that the
amount so assessed against any property of the petitioner exceeds
the amount of the special benefit the petitioner has sustained or
will sustain by reason of such improvements, or is out of
proportion to benefits, or that the assessment is invalid for any
reason whatsoever, and shall at the same time file with said
clerk a written undertaking in at least the sum of two hundred
dollars, with a good and sufficient surety to be justified before
and approved by the said clerk to the effect that the petitioner
will pay to said city all costs and damages to be sustained by it
by reason of such proceeding, and shall, within ten days from
such confirmation deliver to the city manager or leave at his
office a copy of said petition then the validity of such
assessment against said property shall be determined as
hereinafter provided within ten days after the delivery of said
copy of petition to the city manager or at his office the manager
shall appear and answer the said petition and the case shall be
heard upon such petition and answer and upon such evidence as may
be presented to the court. The judge of the court shall hear and
11
determine any case, in term or vacation, giving such hearing and
determination precedence over all other cases so far as the same
may be practicable. The decision of the court in such
proceedings shall be final and an appeal shall be allowed only if
properly prayed and perfected within ten days from the date of
the order. If the assessment against such property shall be
sustained or reduced or abated by the court the city el-erk
finance director shall note that fact on the assessment roll
opposite the description of the property whose assessment was so
contested. The cost of any such proceedings shall be paid by the
party complaining of such assessment, unless said assessment is
abated or is reduced by the court ten per cent, or more, and
judgment shall be rendered against him for the amount of such
costs. In case assessment shall be abated or shall be reduced
ten per cent or more, such costs and expense shall be paid by the
city and judgment shall be entered against it for the amount
thereof.
(u) The amount of the special assessment against any lot or
parcel which may be set aside by the court, unless the assessment
upon the entire district be set aside, or the amount by which
such assessment is so reduced, may by resolution of the city
commission be made chargeable against the city at large; or, in
the discretion of the city commission a new assessment roll may
be prepared and confirmed in the manner hereinabove provided for
the preparation and confirmation of the original assessment roll,
except that no notice of hearing upon such roll need be published
or given as to any property unless the assessment against it is
increased. The city commission shall take prompt action as
herein provided in case of the reduction or invalidation of any
assessment, and any such action shall be noted by the city el-erk
finance director, on said assessment roll, unless a new roll
shall be made and confirmed, in which case the former roll shall
be a nullity and the right of petition to the circuit court as to
the amounts apportioned by the new roll shall be again in force
as to such new roll.
(v) Thirty days after the confirmation of the assessments
the amounts apportioned and assessed shall be due and payable at
the office of the city el-erk finance director, except as to any
property, including railroads, whose owners shall have filed a
petition in the circuit court as hereinabove provided, which
assessments shall be due and payable eleven days after the
decision of the court thereupon, but not within said thirty days;
but it shall be lawful for the city commission to provide by
resolution that if the owner of any lot or parcel assessed in
excess of twenty-five dollars shall file with the city e}erk
finance director before such date on which full payment is
required his written undertaking waiving all irregularity and
12
illegality in connection with the said assessment against such
lot or parcel, he shall have the privilege of paying the same in
variable annual payments (as determined by the city commission)
in each of the twenty succeeding years, or such shorter period as
may be fixed by the city commission, at the time in said years at
which the general city taxes are due and payable, with interest
upon such deferred installments at the rate of six per cent per
annum or at the prevailing rate of interest established in
Florida Statutes Section 687 . 01. whichever is greater, payable
annually from the date such assessment would be due if such
undertaking were not filed and upon the filing of any such
undertaking the assessments embraced by it shall be payable at
the time or times so fixed and with such interest, but any
assessment whose payment shall be so deferred may be paid at any
time when accompanied by the payment of interest accrued thereon
and that which will accrue to the next succeeding annual date for
payment; provided, however, that nothing herein contained shall
be deemed to prevent the city commission from extending the time
in which such undertaking as to any one or more lots or parcels
of land shall be filed.
(w) The said assessments shall constitute a lien upon the
property so assessed from the date of the passage of the
resolution ordering the improvement, of the same nature and to
the same extent as the lien for general city taxes, and shall be
collectible in the same manner and with the same penalties and
under the same provisions as to sale and forfeiture as city taxes
are collectible. Collections of such assessments may also be
made by the city by proceedings in a court of equity to foreclose
the lien of assessments as a lien for mortgages is or may be
foreclosed under the laws of the state, and it shall be lawful to
join in any bill for foreclosure any one or more lots or parcels
of land, by whomsoever owned, if assessed for an improvement
ordered by the same resolution; provided that failure to pay any
installment of principal or interest of any assessment when such
installment shall become due shall be without notice or other
proceedings cause all installments of principal remaining unpaid
to be forthwith due and payable, with interest thereon at ten
percent; but if before any sale of the property for delinquent
assessments, the amount of such delinquency shall be paid with
all penalties, interest and cost, further installments of the
principal shall cease to become so due and payable, and shall be
due and payable at the times set forth in or contemplated by said
written undertaking.
(x) 1. All assessments made pursuant to this section and
all assessments heretofore made for improvements, as well as all
moneys already collected for any such assessments, are hereby
pledged to the payment of the principal and interest of the bonds
13
authorized by this section and bonds heretofore authorized to the
payment of which assessments have heretofore been pledged by the
municipality, which shall include moneys directed to be placed in
Improvement Funds 1 to 9, inclusive, shall, when collected, be
placed in Improvement Fund 9 , in which fund no distinction or
separation between the assessments for different improvements
shall be made, and such assessments or moneys collected shall be
used solely for the payment of the principal and interest of such
bonds as the same shall become due.
2 . Local improvement projects not bonded by the City of
Miami Beach shall be paid for from special assessments Levied
against the affected properties.
(y) On or after the confirmation of the resolution ordering
an improvement or improvements, the city commission may, by
resolution, issue bonds of the city for the payment of the entire
cost or any part thereof, including incidental expense, and for
the reimbursement of any fund of the city from which any part of
such cost shall have theretofore been paid, in an amount not
greater than the estimate herein provided of the cost and
incidental expense, which estimate, if the initial resolution
shall have given two or more alternative descriptions of the
improvement by its material, nature, character and size, with
estimates as to each description, shall be the lowest of such
estimates, but no bonds shall be issued in excess of the contract
price and estimated cost of incidental expense unless such bonds
shall have been delivered or sold or advertised for sale prior to
the making of such contract. If the bonds shall be authorized
after such contract is made, they may be issued to the full
amount of such contract and the amount paid and the amount
awarded in eminent domain proceedings for any land, rights and
easements necessary to be acquired for the improvement and the
estimated incidental expense, and a finding by the city
commission of the amount of a contract or the amount so paid to
or awarded for land, rights or easements, or the amount of
incidental expense, shall be conclusive for the purpose of this
paragraph. An issue of bonds need not be limited to one
improvement, and bonds may be issued in one or more series for
all or a part of the cost of any one or more improvements. Each
series of bonds shall mature in annual installments on such dates
of each year and in such amounts as the city commission may
determine, beginning not more than two years from their date, not
extending beyond twenty years from their date; they shall bear
interest not greater than six per cent per annum, payable
semiannually, and the principal and interest shall be made
payable in such medium and at such place as the city commission
may determine. Such bonds shall not be a19eelttte,--sere-ra --a-nel
el rest-e3i44gat4ers- c)-f -tite-e tp- a charge ` on, or payable out
14
of, the general revenues of the City of Miami Beach, but shall be
payable solely out of said assessments, installments, interest
and penalties. al�a��-�e-- -u-ee�p-i�r-e�enemrta€ier�s-t�€- ie
1°undret -elo44-ams--r--ene--t-hous&nd--cleH-ara,--w4t -i1rte egt-eetrpei°rs
a€taelhec -- They shall be sold by the city commission only after
publishing at least ten (10) days before receipt of bids
therefor, a notice calling for such bids, and shall not be sold
at less than ninety-seven cents on the dollar and accrued
interest. Such bonds may provide for redemption prior to
maturity at a price not greater than one dollar and three cents
plus accrued interest.
(z) Notwithstanding the provisions made herein for the
conservation and pledge of special assessments for the payment
of such bonds and interest, the city commission is hereby
authorized arid-regti4red annually to levy a special tax upon all
affected taxable property within the area to be improved eiby
over and above all taxes authorized or limited by the Charter of
the city, or other law, sufficient to pay the interest and
principal of all such bonds at their several dates of maturity,
the proceeds of all which taxes shall, when collected, be paid
into the fund referred to in paragraph (x) of this section,
together with the special assessments in said fund contained, and
said fund shall be used for no other purpose than the payment of
such principal and interest; provided, however, that the amount
of the annual tax levy herein required may be reduced in any year
by the amount then contained in said fund,-- l=-l�eiltl-tl3e-ilttei°rt eri
1°reree€-ter-- rle--that--suchr-barilla-shei-i--fie-pay$b4e- -ge2°reral
€a abiefi- -erbh ] --bf -e€- lre--eibp,-- t -bl ab-4*-aekl b axial
aeetrriby--oid - inr-by-way--f-- e 4-al--assessmeri€s-—i}l
reduee-bbe-ametri -e€-a±eb-g-errera1-€axa€i-eri.
(aa) Stre�r-befids-91�all-be-3sstteel-trfrl aftrxte-�1r13 e
beefs-appreved-by- ar-i -th-e-veters-east-4 r-atr-re- cwt-ori
wl.relt-a- 4 orf---bke-€ree fielders;-bio--a?e—qui sec -elec€errs
regi-clinig-ift-blue-aai4-e iby-e€Miami-Beaeb-ahal-k--arb e pate r-be-be
lte14-4ii--t -manner--t-o--be-preset-4bed--dry--l-aw-Sri--ecxrf—tti-t- w th
o ec€i ext--Fr-eM--arbiel-e--c.)--e-f--bbe--Occrt-s§t it-trt-ionr-e€- -he--&tate--e€
Fker44ert No election shall be necessary with respect to the
issuance of bonds herein; nor shall the initiative and referendum
provisions of this Charter l &3 -flet be applicable thereto. All
proceedings of the city commission herein provided for may be
taken by resolution, which resolution shall be in force from and
after its passage.
(bb) In all cases in which assessments or charges against
property have heretofore been or shall be made for improvements,
authorized hereunder for which assessment or charges the city
shall hold liens upon abutting or benefited property not pledged
to the payment of any bonds or other obligations, bonds of the
15
city may be issued to the amount of such unpaid assessments or
charges of the character and in the manner in this section
provided for other bonds, and the proceeds of such bonds shall be
used in repaying to any fund of the city any amount which shall
have been paid therefrom upon the cost of the improvement for
which such assessments or charges are made and in paying any sums
remaining due upon such cost; and after the issuance of bonds
under this paragraph such assessments and charges when collected
shall be placed in the fund referred to in paragraph (x) of this
section and be subject to the provisions of this section
concerning said fund.
(cc) All resolutions heretofore passed and confirmed and
not repealed, which have ordered improvements, which might have
been initiated under section 29 of the Charter of the city, and
all contracts heretofore made for the construction of
improvements thereby ordered, and all contracts made pursuant to
advertisements for bids for contracts for such construction, are
hereby ratified and the improvements so ordered may be made, and
the procedure therefor continued under and pursuant to this
section, the provisions of which shall apply to the advertisement
and letting of contracts, the making of assessments, the signing
of waivers, the issuance of bonds and all other details in this
section mentioned, save insofar as any of said steps shall
heretofore have been taken by the city, it being the intention
that the city shall succeed to and be bound by all things done by
the city pursuant to section 29 of this Charter, and that such
things done are hereby adopted and ratified as if done pursuant
to the provisions of this section.
(dd) Where the proceeds of bonds issued or to be issued
under this section have been or shall be found to exceed the
costs of the improvements for which such bonds were or shall be
issued, such excess may be transferred by the city commission to
a fund to be created by it for use only in paying the city' s
share of the costs of other local improvements made under this
section.
(ee) As soon as any improvements shall have been completed
the city ee tnt as en clerk shall cause a notice te-ire-most --
the-deer-ef-the-city-Ha±i-of- 3ai-d--e-it -a3 -inn at-l-eaet-twe-ether
pti-h e-paeee- n-sa d-e3ty;- r to be published in a newspaper of
general circulation of in the city, stating that at a meeting of
the city commission to be held at a certain day and hour, not
less than ten days from the posting or publication of such
notice, the city commission will hear any objections of persons
interested in or affected by the said improvement as to the
acceptance thereof by the city commission. At the time and place
mentioned in said notice said city commission shall hear
objections, if any, and may then or thereafter accept the said
16
improvement.
(ff) The city commission may make allowance and grant
credit to property owners for improvements previously made by
such property owners to the extent, and only to the extent, that
such improvements shall have been made in accord with the plans
and specifications of improvements ordered and shall be of value
and utility as part of the improvement ordered, and it may
prescribe a plan or system for fixing and determining said
credit.
Notwithstanding anything in this Enactment to the contrary,
when it becomes necessary or practicable to order the
construction of a sanitary sewer in a highway abutting a piece of
land against which an assessment has already been made for, and a
sanitary sewer constructed, and which is in use or which sewer so
ordered shall extend along two sides of a piece of land, the cost
of such sewer in the case of construction where the cost of a
sewer has already been assessed, shall not be assessed against
such piece of land and in the case of a sewer so ordered
extending along two sides of a piece of land the cost thereof
along the longer side only shall be assessed to such piece of
land, and in either case all of the remainder of the cost of such
sewer in the district shall be considered a part of the cost of
such sewer for the district in which laid, the total cost of
which shall, except as in this section otherwise provided, be
assessed against the remaining abutting lots or pieces of land.
When a sidewalk or curb sewer is laid only on one side of a
highway or easement, the cost thereof, except as otherwise
provided herein, shall be assessed against the property abutting
upon that side, and such laying shall not, because thereof, be
construed to violate the provision herein that such improvement
shall be practically uniform in cost and kind throughout.
(gg) In fixing the assessments herein provided for,
whenever any such land shall have been surveyed or subdivided and
platted into small tracts designated as lots or blocks or
otherwise, and the owner of any land embraced in the said survey
or subdivision shall have recognized such survey or subdivision
by reference thereto in making any conveyance of land therein, or
by selling any land therein by reference thereto, then and in
that event the land embraced in such division may be described
for assessment purposes by referring to such subdivision whether
any plat thereof shall have been ordered or not.
(hh) The city commission shall have power to authorize and
require the use of surface privies, septic tanks, and other
devices for the disposal of sewage where connection with sanitary
sewers is deemed by the city commission to be impracticable, and
to regulate and control the location, construction, maintenance,
care and use of the same, and to compel the payment to said city
17
of reasonable charges for its sanitary service in connection
therewith, and to make the said charges a lien upon the houses,
lands, and premises served, and the city commission shall have
power, where connection with sanitary sewers is deemed by the
city commission to be practicable, to prohibit, destroy and
forbid the use of surface privies and cesspools and all other
devices for the disposal of sewage except sanitary sewers.
(ii) The purpose of this Act is to provide an economical
method by which local improvements may be made. It is hereby
declared that no irregularity or illegality in connection with
any of the proceedings herein authorized shall in any way affect
the validity of the orders for such improvement or special
assessment or bonds or contracts, unless such irregularity or
illegality shall substantially affect the rights of said city or
its inhabitants, or the owners of property assessed for such
improvement.
(jj ) In case of any omission, errors or mistakes in making
the assessments, or in case of deficiencies or otherwise then,
unless the city commission or the court shall have determined
that the assessments already made fully equal the amount of
special benefits, a supplemental assessment may be made for such
deficiencies , errors , omissions or mistakes ; and such
supplemental assessments shall be made in the same manner and
after the same notice hereinabove provided for the original
assessments, and shall be a lien to the same extent and be
payable in the same manner, draw the same rate of interest and be
subject to the same penalties, and be in force and collected in
the same manner as such original assessments.
(kk) A copy of any assessment certified as correct by the
city clerk shall be admissible in evidence and shall be prima
facie evidence of the amount of the assessment and the property
upon which such assessment is levied.
(11) Dade County, and any school district or other
political subdivision, wholly or partly within said city, shall
possess the same power and be subject to the same duties and
liabilities in respect to said assessments affecting their real
estate that private owners of real estate possess, or are subject
to hereunder, and such real estate of said county, school
districts and political subdivision shall be subject to liens for
said assessments in all cases where the same property would be
subject had it at the time the lien attaches been owned by a
private owner.
(mm) The city commission shall have the power by resolution
or ordinance to prescribe the width of every sidewalk in the city
and the material of which the same shall be constructed, and
shall have power on such notice as may be prescribed by
resolution, to require owners of property to 'lay, construct, or
18
repair sidewalks in front of their property; and shall also have
the power on such notice as may be prescribed by resolution to
require owners of property to clear the same of, and destroy
weeds, undergrowth, rubbish, debris, trash and unsightly and
unsanitary matter as many as four times during an annual period
next following, such period and such times to be stated in said
resolution and notice; to fill in unsanitary excavations or
depressions, and if the owner or owners shall not comply with any
such requirements within the time limited in the resolution, the
city commission may cause such work to be done and may make the
cost thereof a charge and lien against such property
respectively, of the same extent and character as the lien herein
provided for special assessments, which charge shall be forthwith
due and payable unless the time for such payment shall be
extended by the city commission, with the same penalties and with
the same rights of collection and sale and forfeiture as obtained
for city taxes. Nothing herein contained shall prevent the city
from constructing sidewalks and providing for the payment
therefor as elsewhere provided in this section.
(nn) Where laterals shall have been constructed or shall be
ordered the city commission may require property owners to
connect their premises with the laterals and may provide by
general ordinance that in case of their refusal after notice
given, the said connection shall be made by the city and that the
cost thereof shall constitute a lien upon the house, land and
premises thereby affected. The notice last above provided for
may be by service on the owner of the property or the agent who
collects his rent, or the occupant of said property, or in the
case the said property is unimproved by posting such notice on
the property.
(oo) Nothing in this Act shall be construed to deprive the
County of Dade, or the board of county commissioners thereof, or
the board of public instruction of said county, or any political
subdivision in said County of Dade, of the jurisdiction over, or
the control, management and possession of any highway, road, park
or parkway, school property or equipment, or any other property
devoted to public uses now or hereafter held, acquired, owned or
controlled by or in the possession of either thereof, or
interfere therewith, nor shall this Act be construed to affect or
control in any manner whatsoever the conduct or determination of
any litigation now pending or hereafter instituted involving the
same or any part or portion thereof, and all the said matters and
things herein in this paragraph set forth are hereby specifically
excluded from the operation hereof.
(pp) In all cases in which assessments have heretofore been
made or shall be made for improvements authorized hereunder, for
which assessments the city shall hold liens upon abutting or
19
benefited property not pledged to the payment of any bonds or
other obligations, bonds of the city may be issued to the amount
of such unpaid assessments, of the character and in the manner
herein provided for bonds to pay the entire cost of improvements,
and the proceeds of such bonds shall be used in repaying to any
fund of the city amounts which shall have been paid therefrom
upon the cost of the improvement for which such assessment was
made, and in paying any sums remaining due upon such cost. If
such liens shall then be pledged to payment of any bonds or other
obligations no additional bonds shall be issued unless at or
before the issuing of same such outstanding bonds or other
obligations shall have been paid in full with the interest
thereon.
SECTION 2. REPEALER
All Ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its
adoption, on October 17 , 1987 .
PASSED and ADOPTED this 7th, day of Il: .,ems 987
-
MA '0' -
ATTEST:
‘7(6,e/7(.. )14
CITY CLERK
JKO/rg
FORM APPROVED
L ALDr. '
B . moi.. tali
Date "
20
51 0 ..7; czt
czt
N +�
0000
R
a)
a1 0 3
•