Ordinance 92-2782 ORDINANCE NO. 92-2782
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE
IMPOSITION AND LEVYING OF SPECIAL ASSESSMENTS
TO FINANCE THE ACQUISITION AND CONSTRUCTION OF
LOCAL IMPROVEMENTS WITHIN THE CITY; PROVIDING
FOR THE POWERS OF THE CITY COMMISSION;
ESTABLISHING A METHOD FOR THE LEVY AND PAYMENT
OF SPECIAL ASSESSMENTS; PROVIDING FOR AN
ALTERNATIVE METHOD OF COLLECTION; PROVIDING
FOR THE ISSUANCE OF BONDS; PROVIDING REMEDIES
FOR BONDHOLDERS; PROVIDING FOR THE ISSUANCE OF
REFUNDING BONDS; PROVIDING SAVING PROVISIONS;
PROVIDING THIS ORDINANCE AS AN ALTERNATIVE
METHOD; AND PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 166, Florida Statutes, as
amended, the City of Miami Beach (the "City") is authorized to
provide for the acquisition and construction of local improvements,
to finance the same through the imposition and levying of special
assessments and to issue bonds secured in whole or in part by the
levy of such special assessments; and
WHEREAS, the City has determined and declared that it is
necessary and conducive for the protection of the public health,
safety, welfare and convenience of the citizens of the City to
establish a procedure for the imposition and levying of special
assessments to finance the acquisition and construction of local
improvements within the City and to authorize the issuance of bonds
secured in whole or in part by such special assessments:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Definitions.
As used in Sections 1 through 11 of this Ordinance, the
following words and terms shall have the following meanings, unless
some other meaning is plainly intended:
"Approving Resolution" shall mean the resolution described in
subsection (D) of Section 3 hereof which shall approve the plans,
specifications, estimated Costs and Tentative Assessment Roll and
shall confirm or deny the Initial Resolution.
"Assessment Roll" shall mean the assessment roll as approved
by the Final Resolution.
"Bonds" shall mean the bonds issued by the City pursuant to
resolution of the City, payable from the Pledged Revenues.
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"City" shall mean the City of Miami Beach, Florida.
"City Attorney" shall mean the City Attorney of the City, or
his or her designee.
"City Manager" shall mean the City Manager of the City, or his
or her designee.
"Clerk" shall mean the City Clerk, or his or her designee.
"Commission" shall mean the City Commission of the City of
Miami Beach, Florida.
"Cost" or "Costs" shall mean, as applied to the acquisition
and construction of any Projects authorized by the Commission,
(A) the cost of physical construction, reconstruction or comple-
tion, (B) the costs of acquisition or purchase, (C) the cost of all
labor, materials, machinery and equipment, (D) the cost of all
lands and interest therein, property rights, easements and fran-
chises of any nature whatsoever, (E) the cost of any indemnity and
surety bonds and premiums for insurance during construction,
(F) interest prior to and during construction and for such period
of time after completion of the acquisition or construction of such
Projects as the Commission deems appropriate, (G) amounts necessary
to pay redemption premiums for early retirement of Bonds, (H) the
creation of reserve funds, (I) costs and expenses related to the
issuance of Bonds or other indebtedness related to Project, all
financing charges and any expenses related to any liquidity faci-
lity or credit facility, including interest on Bonds held by the
issuer of such liquidity facility or credit facility, (J) cost of
preliminary plans and specifications, construction plans and
specifications, surveys, preparation of estimates of costs and
assessment rolls, (K) cost of engineering, testing, permitting,
financial, legal and other consultant services, (L) costs related
to the imposition and collection of special assessments, including
any advertising, postage and any service charges of the Dade County
Tax Collector or Dade County Property Appraiser and amounts
necessary to off-set discounts received for early payment of
special assessments pursuant to applicable law, and (M) all other
costs and expenses properly attributable to such acquisition and
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construction, and such other expenses as may be necessary or inci-
dental to financings authorized by this Ordinance and including
reimbursement of the City or any other person, firm or corporation
for any moneys advanced for any costs incurred by the City or such
person, firm or corporation in connection with any of the foregoing
items of cost.
"Dade County" shall mean Metropolitan Dade County, Florida.
"Dade County Clerk" shall mean the Clerk of the Circuit Court
of Dade County, Florida, Ex-officio Clerk of the Board of County
Commissioners of Dade County, Florida.
"Director of Public Works" shall mean the Director of Public
Works of the City or any engineer or firm of engineers retained by
the City, or such other officer or officers as the Commission may
designate in the Initial Resolution, which shall perform the
responsibilities of the Director of Public Works as provided
herein.
"Final Resolution" shall mean the resolution described in sub-
section (J) of Section 3 hereof which shall approve the Assessment
Roll.
"Finance Director" shall mean the Finance Director of the
City, or his or her designee.
"Initial Resolution" shall mean the resolution described in
subsection (A) of Section 3 hereof which shall be the initial pro-
ceeding for levying and imposing special assessments.
"Pledged Revenues" shall mean (A) the proceeds of the Bonds,
including investment earnings; (B) special assessments levied and
collected under the authority of this Ordinance; and (C) any other
non-ad valorem revenues pledged by the City under the proceedings
authorizing the Bonds.
"Preliminary Assessment Roll" shall mean the preliminary
assessment roll prepared by, or at the direction of, the Director
of Public Works as described in subsection (H) of Section 3 hereof.
"Projects" shall mean any local improvements authorized by law
to be financed by the imposition and levying of special assessments
which the City shall determine to construct or acquire and which
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the City shall finance, in whole or in part, from the proceeds of
special assessments levied pursuant to the provisions of this
Ordinance, including, but not limited to:
(A) the construction, reconstruction, repair, paving,
repaving, hard surfacing, rehard surfacing, widening, guttering,
and draining of streets, boulevards, and alleys; grading, regrading
leveling, laying, relaying, paving, repaving, hard surfacing, and
rehard surfacing of sidewalks; construction or reconstruction of
permanent pedestrian canopies over public sidewalks; and in
connection with any of the foregoing, providing related lighting,
landscaping, street furniture, signage and other amenities as
determined by the Commission;
(B) the construction, reconstruction, repair, renovation,
excavation, grading, stabilization, and upgrading of greenbelts,
swales, culverts, sanitary sewers, storm sewers, outfalls, canals,
primary, secondary, and tertiary drains, water bodies, marshlands,
and natural areas, all or part of a comprehensive stormwater
management system, including the necessary appurtenances and
structures thereto and including, but not limited to, dams, weirs
and pumps;
(C) the construction or reconstruction of water mains, water
laterals, and other water distribution facilities, including the
necessary appurtenances thereto;
(D) the construction or reconstruction of parks and other
public recreational facilities and improvements, including
appurtenances thereto;
(E) the construction and reconstruction of sea walls;
(F) the drainage and reclamation of wet, low, or overflowed
lands;
(G) the construction of offstreet parking facilities, parking
garages, or similar facilities;
(H) the construction of mass transportation systems; and
(I) the construction of improvements to permit the passage
and navigation of watercraft.
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However, offstreet parking facilities, parking garages, or other
similar facilities and mass transportation systems must be approved
by vote of a majority of the affected property owners.
"State" shall mean the State of Florida.
"Tax Rolls" shall mean the real property assessment tax roll
maintained by the Dade County Property Appraiser for the purpose
of the levy and collection of ad valorem taxes.
"Tentative Assessment Roll" shall mean the tentative assess-
ment roll prepared by, or at the direction of, the Director of
Public Works as described in subsection (B) of Section 3 hereof.
SECTION 2 . Powers.
For the purpose of providing the services and facilities
described in this Ordinance, the Commission shall have the
following authority and powers:
(A) To acquire, improve and construct the Projects.
(B) To levy and collect special assessments against property
deemed to be benefited by the Projects or any portion thereof in
the manner provided in this Ordinance.
(C) To authorize and issue Bonds to finance the Cost of the
Projects payable from Pledged Revenues in the manner provided in
this Ordinance.
(D) To acquire in the name of the City, either by purchase
or the exercise of the right of eminent domain by the City, such
lands and rights and interests and to acquire such personal prop-
erty as may be deemed necessary in connection with the acquisition
and construction of the Projects.
(E) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this Ordinance, and to employ such
consulting engineers, attorneys, accountants, construction and
financial experts, superintendents, managers and other employees,
contractors and agents as may, in the judgment of the Commission,
be deemed necessary or convenient and to fix their compensation or
to make available such existing employees, contractors or agents
as the Commission may authorize in its sole judgment.
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(F) To exercise any and all of the powers of the City not
enumerated above necessary or incident for the purpose of providing
the services, improvements and benefits described in this
Ordinance.
SECTION 3. Levy and Payment of Special Assessments.
The Commission may provide for the Cost of a Project by the
levying in the area in which the Project is located special
assessments upon benefited property within such area at the rate
of assessment based on the special benefit accruing to such
property from such Project. Such special assessments shall be
assessed in conformity with the following special assessment
procedure:
(A) The initial proceeding shall be the passage by the Com-
mission of the Initial Resolution ordering the acquisition, con-
struction or reconstruction of assessable improvements constituting
an individual Project, indicating, in general, the location and
description of such improvements, which shall be sufficient to en-
able the Director of Public Works to prepare, or cause to be
prepared, the plans and specifications of such improvements as
described in subsection (B) of this Section 3 . The Initial
Resolution shall also state the portion, if any, of the Project to
be paid by the City, the estimated Costs of the Project and the
method of assessment, which may be by frontage, acreage, square
footage, parcel or any other combination thereof or any other
method deemed equitable by the Commission. The Initial Resolution
may provide for alternative descriptions of the improvements and
method of assessment. The improvements need not be continuous and
may be in more than one locality or street. The Initial Reso-
lution ordering any such improvement may give any short and con-
venient designation to each improvement ordered thereby and the
property against which assessments are to be made for the cost of
such improvements may be designated as a district distinguishable
from other districts. The Initial Resolution shall be promptly
recorded by the Clerk in the Official Records Book in the office
of the Dade County Clerk.
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(B) (i) As soon as possible after the passage of the
Initial Resolution, the Director of Public Works shall prepare, or
cause to be prepared, in triplicate, plans, specifications and Cost
estimates for the improvements constituting the Project. If the
Initial Resolution shall provide alternative descriptions of the
improvements or method of assessment, such plans, specifications
and Cost estimates shall include an estimate of the Cost of the
improvement of each such alternative.
(ii) The Director of Public Works shall also prepare,
or cause to be prepared, in triplicate, the Tentative Assessment
Roll, which Roll shall contain (a) a description of the lots and
parcels of real property which will benefit from such assessable
improvements and the estimated amount of benefits to each such lot
or parcel of property, provided such lots and parcels shall include
the property of the City and any school district, special district,
municipality or political subdivision; (b) the name of the owner
of record of each lot and parcel as shown on the Tax Rolls or such
other source or sources as the Director of Public Works or Clerk
deems reliable; (c) the total estimated Cost of the improvements
to each benefited lot or parcel and (d) the method or alternative
methods of assessment utilized in determining the Cost of the
improvements to be assessed to property owners, including any for-
mulas for dealing with irregular lots and any assumptions of depth
of the improvements. The Tentative Assessment Roll shall not be
held to limit or restrict the duties of the Director of Public
Works in the preparation of the Preliminary Assessment Roll under
the provision of subsection (H) of this Section 3 . One of the
triplicates of such plans, specifications, Cost estimates and the
Tentative Assessment Roll shall be filed with the City Manager, one
shall be filed with the Clerk and the other triplicate shall be
retained by the Director of Public Works in his files, all of which
shall remain open to public inspection.
(C) The Clerk upon the filing with him of such plans,
specifications, Cost estimates and the Tentative Assessment Roll
shall publish once in a newspaper of general circulation, published
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in Dade County, and circulating in the City, a notice stating that
at a meeting of the Commission on a certain day and hour, not
earlier than 15 calendar days from such publication (including
Saturdays, Sundays and legal holidays) , which meeting shall be a
regular, adjourned or special meeting, the Commission will hear
objections of all interested persons to the adoption of the
Approving Resolution which shall approve the aforementioned plans,
specifications, Cost estimates and Tentative Assessment Roll. Such
notice shall state (i) in brief and general terms a description of
the applicable Project with the location thereof (location may be
established by reference to boundaries or a map) , (ii) the
procedure for objecting provided in subsections (D) and (E) of this
Section 3 , and (iii) that plans, specifications, Cost estimates and
the Tentative Assessment Roll, which shall include the method or
alternative methods of assessment, are on file with the Clerk and
all interested persons may ascertain the amount to be assessed
against a lot or parcel of property at the office of the Clerk.
In addition to the published notice described above, the Clerk
shall cause to be mailed a copy of the notice by first class mail
to each property owner proposed to be assessed. Notice shall be
mailed, at least 15 calendar days prior to the hearing, to each
property owner at such address as is shown on the Tax Rolls or such
other source or sources as the Director of Public Works or Clerk
deems reliable. Notice shall be deemed mailed upon delivery
thereof to the possession of the U.S. Postal Service. The failure
of the Clerk to mail such notice shall not constitute a valid
objection to holding the hearing as provided in this Section 3 or
to any other action taken under the authority of this Section 3 .
The Clerk may provide proof of such notice by affidavit.
(D) At the time named in such notice, or to which an adjourn-
ment may be taken by the Commission, the Commission shall receive
any objections of interested persons and may then or thereafter
adopt the Approving Resolution which shall (i) approve the afore-
mentioned plans, specifications, Cost estimates and Tentative
Assessment Roll, including the method of assessment, with such
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amendments as it deems just and right, and (ii) repeal or confirm
the Initial Resolution with such amendments, if any, as may be
desired by the Commission. Special assessments shall be levied
against all property in the applicable area specially benefited by
the Project. In the event the Commission established alternative
descriptions or methods of assessment in the Initial Resolution,
the Commission shall provide in the Approving Resolution the
description of improvements and method of assessment which shall
be utilized.
(E) All objections to the Approving Resolution shall be made
either in writing, filed with the Clerk at or before the time or
adjourned time of such hearing, or orally at the time of the
hearing. Special assessments shall be established upon adoption
of the Approving Resolution. The adoption of the Approving
Resolution shall be the final adjudication of the issues presented
(including, but not limited to, the method of assessment, the Ten-
tative Assessment Roll, the plans and specifications, the estimated
Cost of the Project, the interest rate the special assessments
shall bear, and the terms of prepayments of the special assess-
ments) unless proper steps shall be initiated in a court of compe-
tent jurisdiction to secure relief within 20 days from the date of
Commission action on the Approving Resolution. The Approving
Resolution and a notice of the special assessments intended to be
levied and imposed shall be promptly recorded by the Clerk in the
Official Records Book in the office of the Dade County Clerk. Such
notice shall provide the locations of the property which are to be
assessed and direct interested parties to the Tentative Assessment
Roll or Assessment Roll, upon approval thereof. The Tentative
Assessment Roll, as approved by the Approving Resolution, shall be
delivered to, and be kept by, the Clerk.
(F) Whenever any Approving Resolution shall have been
adopted, as hereinabove provided, or at any time thereafter, the
Commission may issue Bonds, the interest, premium and principal of
which are payable from the Pledged Revenues. Said Bonds shall
mature not later than two years after the last installment in which
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said special assessments may be paid, as provided in Section 5
hereof, and shall bear interest at a rate not exceeding the maximum
rate provided by law.
(G) If, subsequent to the adoption of the Approving Resolu-
tion, the Costs of an assessable improvement increase over the
estimate of such Costs provided in the Tentative Assessment Roll,
the Commission shall not assess the property on which such assess-
able improvement has been constructed any Costs in excess of a
twenty percent increase over the estimate provided therefor in the
Tentative Assessment Roll. Costs in excess of such twenty percent
increase shall be borne by the City and Costs not in excess of such
twenty percent increase may be assessed against property in
accordance with subsection (J) of this Section 3 . Nothing in this
subsection (G) shall be construed as preventing the City from
reassessing the Costs of assessable improvements pursuant to the
provisions of this Ordinance.
(H) Upon completion of the Project, the Commission shall
certify completion of the acquisition and construction of the
Project; provided such certification may not occur until such time
as the Costs of the Project have been identified and approved by
the Commission. Within such period of time after the certification
of the completion of the acquisition or construction of the Project
as may be directed by the City Manager (but in no event more than
six months after such certification of the Project) , the Director
of Public Works shall prepare, or cause to be prepared, the
Preliminary Assessment Roll and file the same with the City Manager
and the Clerk, which Roll shall contain the following:
(i) A description of lots and parcels of real
property within the assessed area which will benefit from such
assessable improvements and the amount of such benefit from such
assessable improvements and the amount of such benefits to each
such lot or parcel of property. Such lots and parcels shall
include the property of the City and any school district, special
district, municipality or other political subdivision. There shall
also be given the name of the owner of record of each lot or parcel
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as shown on the Tax Rolls or such other source or sources as the
Director of Public Works or Clerk deems reliable.
(ii) The total Cost of the improvement to each bene-
fited lot or parcel, which Cost shall be no greater than the Cost
of such improvement as provided in the Tentative Assessment Roll,
plus any additional Cost described in subsection (G) of this
Section 3 .
(iii) The method of assessment utilized in determining
the Cost of improvements to be assessed to property owners,
including any formulas for dealing with irregular lots and any
assumptions of depth of the improvements.
(I) The Preliminary Assessment Roll shall be advisory only
and shall be subject to the action of the Commission as hereinafter
provided. Subsequent to the filing with the City Manager and the
Clerk of the Preliminary Assessment Roll, the Clerk shall publish
at least once in a newspaper of general circulation, published in
Dade County, and circulating in the City, a notice stating that at
a meeting of the Commission to be held on a certain day and hour,
not earlier than 15 calendar days from publication (including
Saturdays, Sundays and legal holidays) , which meeting may be a
regular, adjourned or special meeting, all interested persons may
appear and file written objections to the approval of the Pre-
liminary Assessment Roll . Such notice shall describe in general
terms the assessable improvements, the location thereof (location
may be established by reference to boundaries or a map) , and the
procedure for objecting, and advise all persons interested that the
description of each property to be assessed, along with the amount
of the special assessment lien to be levied against the benefited
property, may be ascertained at the office of the Clerk. In addi-
tion to the published notice described above, the Clerk shall cause
to be mailed at least 15 calendar days prior to the hearing a copy
of the notice by first class mail to each property owner proposed
to be assessed. Notice shall be mailed to each property owner at
such address as is shown on the Tax Rolls or such other source or
sources as the Director of Public Works or Clerk deems reliable.
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The failure of the Clerk to mail such notice shall not constitute
a valid objection to the approval of the Preliminary Assessment
Roll. Notice shall be deemed mailed upon delivery thereof to the
possession of the U.S. Postal Service. All objections shall be
made either in writing, filed with the Clerk at or before the time
or adjourned time of the hearing, or orally at the time of the
hearing. The Clerk may provide proof of such notice by affidavit.
(J) At the time and place stated in such notice, the
Commission shall meet and receive the objections of all interested
persons as stated in such notice. The Commission may adjourn the
hearing from time to time. After the completion thereof the
Commission shall adopt the Final Resolution which shall either
annul or sustain or modify in whole or part the preliminary
assessment as indicated on the Preliminary Assessment Roll, either
by approving the preliminary assessment and the levy of a special
assessment lien against the benefited property, against any or all
lots or parcels described therein or by cancelling, increasing
(provided such increase does not exceed the Cost provided in the
Tentative Assessment Roll, plus any additional Cost described in
subsection (G) of this Section 3) or reducing the same, according
to the special benefits which the Commission shall decide each lot
or parcel has received or will receive on account of such improve-
ments. If any property which may be chargeable under this Section
3 shall have been omitted from the Preliminary Assessment Roll or
if the preliminary assessment shall not have been made against it,
the Commission may, upon compliance with the procedures set forth
in this Section 3 , provide for the assessment of such omitted prop-
erty. The Commission shall not confirm and levy any special
assessment lien in excess of the special benefits to the property
assessed, and the special assessment so confirmed and the special
assessment lien to be levied by the adoption of the Final Resolu-
tion shall be in proportion to the special benefits. Upon adoption
of the Final Resolution, the Preliminary Assessment Roll shall
become the Assessment Roll. The Final Resolution shall be the
final adjudication of the issues presented including the levy and
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lien of the special assessments, and shall provide for the rate of
interest which the special assessments shall bear. Forthwith after
adoption of the Final Resolution, the Assessment Roll shall be
delivered to, and be kept by, the Clerk and the Final Resolution
shall be promptly recorded by the Clerk in the Official Records
Book in the office of the Dade County Clerk. The special
assessments so made shall be final and conclusive as to each lot
or parcel assessed and the adoption of the Final Resolution shall
be the final adjudication of the issues presented unless proper
steps be initiated within 20 days in a court of competent
jurisdiction to secure relief; provided, however, issues
adjudicated in the Approving Resolution may not be disputed except
as provided in subsection (E) of this Section 3 . If the special
assessment against any property shall be sustained or reduced or
abated by the court, the Clerk shall note that fact on the Assess-
ment Roll opposite the description of the property affected
thereby. The amount of the special assessment against any lot or
parcel which may be reduced or abated by the court, unless the
special assessment upon the entire assessed area be reduced or
abated, may by resolution of the Commission be made chargeable
against the applicable assessed area at large, or, at the discre-
tion of the Commission a new Assessment Roll may be prepared and
approved in the manner hereinabove provided for the preparation
and the approval of the original Assessment Roll.
(K) (i) Except as otherwise provided by resolution of the
Commission, no prepayments shall be accepted prior to adoption of
the Final Resolution. Thereafter, any prepayments shall be made
only upon payment of applicable interest, including interest
included as a Cost of the related improvement, at the office of the
Finance Director. The Commission, by resolution, may determine the
time during which prepayments may be made and the amount of
interest and premium payable at the time of a prepayment. If not
prepaid, all special assessments shall be payable in equal
principal installments, with interest on the balance at the rate
set by the Final Resolution, or, if Bonds are issued pursuant to
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this Ordinance, and except as otherwise provided in Section 5
hereof, at a rate not to exceed two percent above the true interest
cost at which such Bonds are sold (provided such true interest cost
may include any ongoing expenses related to the Bonds or collection
of the assessments) , subject to the provisions of subsection (M)
of this Section 3 , from the date the Final Resolution is adopted
or such other date as the Commission may by resolution provide,
payable in each of the succeeding number of years which the
Commission shall determine by resolution, not exceeding 20 years;
provided, however, that the Commission may provide by resolution
that any special assessment may be paid at any time before due,
together with any applicable prepayment premium and interest
accrued thereon to the date of payment or such later date as shall
be determined by the Commission by resolution, if such prepayment
shall be permitted by the proceedings authorizing any Bonds or
other obligations for the payment of which such special assessments
have been pledged.
(ii) All special assessments and installments thereof
shall constitute a lien upon the property so assessed from the date
the Assessment Roll is approved, by the adoption of the Final
Resolution, of the same nature and to the same extent as the lien
for general county and municipal taxes falling due in the same year
or years in which such assessments or installments thereof fall
due. Such lien shall be superior in dignity to all other liens,
titles and claims, until paid. Any special assessment or
installment not paid when due shall be collectible with such
interest and with reasonable costs and expenses incurred by the
City and its agents, including reasonable attorneys ' fees, in the
collection of such delinquent assessments or as a result of such
delinquent assessments (including interest costs paid for draws on
a credit facility) , by the City or its agents as described in
subsection (K) (iii) of this Section 3 .
(iii) The City shall have the right to appoint an
agent, in addition to the City Attorney, to foreclose and collect
all delinquent assessments in the manner provided by law. If the
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owner of any lot or parcel of land assessed pursuant to this Ordi-
nance shall be delinquent in the payment of any special assessment
for a period of 30 days, the City or its agent may declare the
entire unpaid balance of such special assessment to be in default
and cause such delinquent property to be foreclosed in the same
method now or hereafter provided by law for the foreclosure of
mortgages on real estate, or otherwise as provided by law. All
costs, fees and expenses, including reasonable attorney fees,
related to any foreclosure action as described in subsection
(K) (ii) of this Section 3 shall be borne by the delinquent prop-
erty owner.
(iv) If prior to any sale of the property under decree
of foreclosure in such proceedings, payment is made of the install-
ment or installments which are shown to be due under the provisions
of the Final Resolution, and by this subsection (K) , and all costs,
fees and expenses of the City and its agent, as a result of such
delinquent assessment, including reasonable attorneys ' fees and
costs for draws on a credit facility, such payment, at the option
of the City, shall have the effect of restoring the remaining
installments to their original maturities as provided by the reso-
lution passed pursuant to this subsection (K) and the proceedings
shall be dismissed.
(v) It shall be the duty of the City and its agent,
if any, to enforce the prompt collection of special assessments by
the means herein provided, and such duty may be enforced at the
suit of any holder of Bonds issued under this Ordinance in a court
of competent jurisdiction by mandamus or other appropriate pro-
ceedings or action.
(vi) The City may join in one action the collection
of special assessments against any or all property assessed in
accordance with the provisions hereof. All delinquent property
owners whose property is foreclosed shall pay fees, costs and
expenses incurred by the City and its agents, including reasonable
attorneys ' fees, in collection of such delinquent assessments and
any other costs incurred by the City as a result ,of such delinquent
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assessments (including costs paid for draws on a credit facility) ,
and the same shall be collectible as a part of or in addition to,
the costs of the action.
(vii) At the sale pursuant to decree in any such
action, the City may be the purchaser to the same extent as an
individual person or corporation. Property so acquired by the City
may be sold or otherwise disposed of, the proceeds of such disposi-
tion to be placed in such fund as provided by any ordinance or
resolution authorizing the issuance of the Bonds.
(L) If special assessments made under the provisions of this
Ordinance to defray the Costs of the Project shall be deemed by the
Commission to be inadequate to meet the obligation owed to Bond-
holders and to pay fees required for credit enhancement on the
Bonds, if any, the Commission may, subject to the limitations of
subsection (K) (i) of this Section 3, adjust the payment period of
and the rate of interest on installment payments of the assessment
so that payments of special assessments shall be sufficient to
satisfy the contractual obligation owed to Bondholders and the
provider of the credit enhancement. However, such adjustment shall
not have the effect of increasing the amount of special assessment
of any property in proportion to the amount of benefits conferred
on that property. Further, the Commission, in adjusting the
interest rates and the period of payment of special assessments,
shall follow the provisions of this Section 3 providing for notice
and hearing to interested persons and providing for passage of
resolutions establishing special assessments.
(M) If any special assessment made under the provisions of
this Ordinance to defray the Costs of any Project shall be either
in whole or in part annulled, vacated or set aside by the judgment
of any court, or if the Commission shall be satisfied that any
such special assessment is so irregular or defective that the same
cannot be enforced or collected, or if the Commission shall have
omitted to include any property on the Assessment Roll which
properly should have been so included, or if the Commission shall
have omitted to make such assessment when it might have done so,
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the Commission shall take all necessary steps to cause a new
special assessment to be made against any property benefited by any
Project, following as nearly as may be practicable the provisions
of this Ordinance and in case such new special assessment shall be
annulled, the Commission may obtain and make other special
assessments until a valid special assessment shall be made.
(N) The Commission may pay out of any special fund that may
be provided for that purpose such portion of the Costs of any
Project as it may deem proper.
(0) Any informality or irregularity in the proceedings in
connection with the levy of any special assessment under the
provisions of this Ordinance shall not affect the validity of the
same after the confirmation thereof, and any special assessment as
finally approved and confirmed shall be competent and sufficient
evidence that such special assessment was duly levied, that the
special assessment was duly made and adopted, and that all other
proceedings adequate to such special assessment were duly had,
taken and performed as required by this cs dinance; and no variance
from the directions hereunder shall be hid material unless it be
clearly shown that the party objecting was materially injured
thereby. Notwithstanding the provisions of this subsection (0) ,
any party objecting to a special assessment imposed pursuant to
this Ordinance must file an objection with a court of competent
jurisdiction within the time periods prescribed herein.
(P) The Commission may, by resolution, provide a procedure
by which the lien of a special assessment on property may be appor-
tioned between subdivided parcels of such property. The Commission
may establish a different procedure of apportioning a special
assessment lien for each assessed area. The Commission shall not
establish a procedure which has a material adverse effect on the
security for Bonds issued to finance the Project related to such
special assessments.
SECTION 4. Optional Method of Collection.
As an alternative method to collection by the Clerk as
provided in subsection (J) of Section 3 of this Ordinance, the
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Commission may, at such time as it deems appropriate, authorize the
collection of the special assessments in the manner provided for
the collection of ad valorem taxes. Such alternative method shall
be authorized by resolution of the Commission and the City shall
comply with all applicable provisions of law relating to such
alternative method, including Sections 197. 363 and 197 . 3632 ,
Florida Statutes, as amended, and any successor provision thereto.
In the event such alternative method is used by the City, the
provisions hereof shall be superseded to the degree of any conflict
with applicable law.
SECTION 5. Issuance of Bonds.
The Commission shall have the power and it is hereby
authorized to provide by resolution, at one time or from time to
time in series, for the issuance of Bonds of the City for the
purpose of paying all or part of the Cost of the Projects. The
principal of and interest on each series of Bonds shall be payable
from the Pledged Revenues. At the option of the Commission, the
City may covenant to budget and appropriate from non-ad valorem
revenue sources identified by the City by resolution or from
general non-ad valorem revenues of the City an amount necessary to
make up any deficiency in the payment of the Bonds.
In anticipation of the sale of Bonds, the City may authorize
the issuance of bond anticipation notes and may renew the same from
time to time. Such notes may be paid from the moneys derived by
the City from the proceeds of sale of the Bonds in anticipation of
which they were issued or from Pledged Revenues. The notes shall
be issued in the same manner as the Bonds. Bonds and notes shall
be, and shall be deemed to be, for all purposes, negotiable instru-
ments subject only to the provisions of the Bonds and notes for
registration.
The Bonds shall be dated, shall bear interest at such rate or
rates, shall mature at such times as may be determined by
resolution of the Commission, and may be made redeemable before
maturity, at the option of the City, at such price or prices and
under such terms and conditions as may be fixed by the Commission.
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The Bonds may, at the option of the Commission, bear interest at
a variable rate. The Commission shall determine by resolution the
form of the Bonds, the manner of executing such Bonds, and shall
fix the denomination or denominations of such Bonds, the place or
places of payment of the principal and interest, which may be at
any bank or trust company within or without the State of Florida,
and such other terms and provisions of the Bonds as it deems
appropriate. The Bonds may be sold at public or private sale for
such price or prices as the Commission shall determine by
resolution. The Bonds may be delivered to any contractor for
payment for his work in constructing a Project.
Prior to the preparation of definitive Bonds of any series,
the Commission may, under like restrictions, issue interim
receipts, interim certificates, or temporary Bonds, exchangeable
for definitive Bonds when such Bonds have been executed and are
available for delivery. The Commission may also provide for the
replacement of any Bonds which shall become mutilated, or be
destroyed or lost. Bonds may be issued without any other
proceedings or the happening of any other conditions or things than
those proceedings, conditions or things which are specifically
required by this Ordinance.
The City may issue Bonds for Projects in different areas pur-
suant to a single resolution, provided such resolution identifies
each Project to be financed.
The City may, at its option, issue Bonds bearing a variable
rate of interest, whereupon the interest rate and installment pay-
ments applicable to special assessments shall be subject to adjust-
ment as provided by resolution of the Commission. In such event,
the city may impose on such annual installment payments such rate
of interest as shall not exceed the maximum amount permitted by
subsection (K) (i) of Section 3 hereof as shall be determined on the
15th day prior to the date the bill for such annual installment is
mailed by the City. If amounts of interest collected by the City
exceed, in the aggregate, the amount of interest that would have
been collected if interest was imposed at the maximum rate
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permitted to be charged on special assessments as provided in
subsection (K) (i) of Section 3 hereof, the excess amounts shall be
credited to the next installment or be returned to the property
owners who paid such amounts, as provided by ordinance or resolu-
tion of the Commission. If the amounts of interest collected by
the City are less, in the aggregate, than the amount of interest
that would have been collected if interest was imposed at the maxi-
mum rate permitted to be charged on special assessments as provided
in subsection (K) (i) of Section 3 , such deficiency may be imposed
as a surcharge on the next installment.
SECTION 6. Taxing Power Not Pledged.
Bonds issued under the provisions of this Ordinance shall not
be deemed to constitute a pledge of the faith and credit of the
City, but such Bonds shall be payable from the Pledged Revenues in
the manner provided herein and by the resolution authorizing the
Bonds. The issuance of Bonds under the provisions of this Ordi-
nance shall not directly or indirectly obligate the City to levy
or to pledge any form of ad valorem taxation whatever therefor.
No holder of any such Bonds shall ever have ;:he right to compel any
exercise of the ad valorem taxing power on the part of the City to
pay any such Bonds or the interest thereon against any property of
the City, nor shall such Bonds constitute a charge, lien or encum-
brance, legal or equitable, upon any property of the City, except
the Pledged Revenues.
SECTION 7 . Trust Funds.
The Pledged Revenues received pursuant to the authority of
this Ordinance shall be deemed to be trust funds, to be held and
applied solely as provided in this Ordinance and in the resolution
authorizing the Bonds.
SECTION 8. Remedies of Bondholders.
Any holder of Bonds, except to the extent the rights herein
given may be restricted by the resolution authorizing issuance of
the Bonds, may, whether at law or in equity, by suit, action,
mandamus or other proceedings, protect and enforce any and all
rights under the laws of the State or granted hereunder or under
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such resolution, and may enforce and compel the performance of all
duties required by this part, or by such resolution, to be
performed by the City.
SECTION 9. Alternative Method.
This Ordinance shall be deemed to provide an additional and
alternative method for the doing of the things authorized hereby
and shall be regarded as supplemental and additional to powers
conferred by the Charter of the City or by other laws, and shall
not be regarded as in derogation of any powers now existing or
which may hereafter come into existence. This Ordinance, being
necessary for the welfare of the inhabitants of the City, shall be
liberally construed to effect the purposes hereof.
SECTION 10. No Referendum Required.
No referendum or election in the City shall be required for
the exercise of any of the provisions of this Ordinance, unless
such referendum or election is required by the Constitution of the
State.
SECTION 11. Refunding Bonds.
The City may, by resolution of the Commission, authorize the
issuance of Bonds to refund any bonds issued pursuant to the
authorization of this Ordinance. Such refunding Bonds may be
issued in an amount sufficient to provide for the payment of the
principal of, redemption premium, if any, and interest on the
outstanding Bonds to be refunded. In the event the principal
amount of the refunding Bonds shall be greater than the outstanding
principal amount of the Bonds to be refunded, the Commission may
increase the assessments which secure such refunding Bonds up to
an amount not to exceed the difference between the respective
principal amounts of the refunding Bonds and the outstanding
refunded Bonds; provided notice to the affected property owners is
given in accordance with the notice provisions of Section 3 hereof
and a public hearing is held by the Commission.
SECTION 12. Saving Provisions.
The provisions of this Ordinance shall apply for all special
assessments hereinafter levied and imposed by the City for the
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purpose of financing local improvements, unless otherwise provided
by the Commission in a resolution adopted with respect to a local
improvement project to be financed by special assessments. This
Ordinance shall not be effective as to any special assessments
heretofore levied and imposed by the City or as to any local
improvements to be financed by special assessments which have been
completed but as to which special assessments have not been finally
levied and imposed by the City.
SECTION 13. Severability.
In the event that any portion or section of this Ordinance is
determined to be invalid, illegal or unconstitutional by a court
of competent jurisdiction, such decision shall in no manner affect
the remaining portions or sections of this Ordinance which shall
remain in full force and effect.
SECTION 14. Effective Date.
This Ordinance shall take effect ten (10) days after its
adoption.
PASSED AND ADOPTED THIS 17thDAY O June , 1° 32 .
Mayor
ATTEST:
FORM APPROVED
- LEGAL DEPT.
IA„LLL/ At, 44c, 1h...
City Clerk ' /� / B�s-u�-•G
1st reading 6/3/92 as amended Date
2nd reading 6/17/92
O5/]9/9]\JNI\III*CItJl.t$W
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 373_ 9z,
TO: Mayor Seymour Gelber and DATE: June 3 , 1992
Members of the City Commission
FROM: Roger M. Canto
City Manager
SUBJECT: HOME RULE SPECIAL ASSESSMENT ORDINANCE
ADMINISTRATION AND CITY ATTORNEY RECOMMENDATION:
The Administration and the City Attorney recommend, based upon
the recommendation of bond counsel, that the City Commission pass
the attached Home Rule Special Assessment Ordinance.
BACKGROUND:
Under Florida law there are three methods of implementing
special assessment areas in a municipality:
1) Home Rule Ordinance pursuant to Chapter 166 of the
Florida Statutes.
2) Chapter 170 of the Florida Statutes.
3) Pursuant to local charter.
By way of information, the proposed North Shore Special
Assessment Project was delayed for a long period as a result of a
ruling in the Boca Raton case which left bond counsel in Florida
uncertain as to the legality of using Chapter 166 as a means of
levying special assessments. In February 1992 the Florida Supreme
Court held in City of Boca Raton v. State of Florida that
the use of Home Rule Powers under Chapter 166 of the Florida
Statutes for special assessments was a valid and proper use of
municipal power.
The City had a legislative priority at the last legislative
session to add to Chapter 170 lighting and landscaping and other
elements as authorized projects, because Chapter 170 did not
include these elements at that time, and lighting and landscaping
elements are an important portion of any reconstruction
project. While these changes were implemented at the last
legislature, there continue to be limitations on the use of Chapter
170 which make a Home Rule Ordinance more preferable.
3
AGENDA
ITEM R- —
DATE L! ,-9 2,
ANALYSIS:
The attached Ordinance, which was prepared by the City's bond
counsel, Greenberg Traurig et al, provides the most flexible means
of levying a special assessment and is the means most widely used
by other municipalities in the State of Florida. Moreover, bond
counsel has recommended the adoption of this Home Rule Ordinance as
a preferable means over Chapter 170 and the Charter.
Once the Ordinance is adopted, it can be used to levy special
assessments in the North Shore project and any other special
assessment project to be created in the future.
CONCLUSION:
The City Commission should pass the attached Ordinance to
provide flexibility in the City's powers for levying special
assessments.
PNB:lm
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