RESOLUTION 92-20519 r •
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RESOLUTION NO. 92-20519
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ORDERING THE
CONSTRUCTION OF THE IMPROVEMENTS CONSISTING OF
STREET, SIDEWALK, STORM SEWER AND WATER MAIN
IMPROVEMENTS TO OCEAN DRIVE BETWEEN FIFTH AND
FIFTEENTH STREETS, ALL LYING WITHIN THE
CORPORATE LIMITS OF THE CITY OF MIAMI BEACH,
DETERMINING THAT A PART OR PORTION OF THE
EXPENSE THEREOF BE PAID BY SPECIAL ASSESSMENTS,
DETERMINING THAT A PART OR PORTION OF THE
EXPENSE THEREOF BE PAID BY THE OCEAN DRIVE
CAPITAL IMPROVEMENT BOND FUND, PROVIDING FOR THE
MANNER IN WHICH SAID ASSESSMENTS SHALL BE MADE,
WHEN SAID ASSESSMENTS ARE TO BE PAID,
DESIGNATING THE LANDS ON WHICH THE SPECIAL
ASSESSMENTS SHALL BE LEVIED, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach, Florida
(the "Commission") , placed a question of the ballot on November 4 ,
1986 to approve the issuance of $3 , 000, 000 in general obligation
Bonds (the "Bonds") for the construction of certain improvements to
Ocean Drive between Fifth and Fifteenth Street, said Bonds to be
repaid in whole or in part by special assessments on the specially
benefitted properties and which Bonds were approved by the
electorate of the City on said date; and
WHEREAS, the City of Miami Beach (the "City") covenanted in
Resolution No. 87-18767 adopted by the Commission on February 18 ,
1987 in connection with the issuance of the Bonds to take all steps
necessary to assess, levy and collect special assessments from real
properties specially benefitted from the construction of said
improvements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
1. The City Commission of the City of Miami Beach, Florida,
does hereby determine that Ocean Drive from Fifth Street through and
including Fifteenth Street should be reconstructed with improvements
to the streets, sidewalks, storm sewers and water mains as
authorized pursuant to the provisions of Chapter 170, Florida
Statutes, and other applicable provisions of law.
2 . The Commission hereby authorizes and orders the construction
of the project and such improvement shall consist of construction,
reconstruction, paving, widening, guttering of the streets, grading,
leveling, laying, hard surfacing and widening of the sidewalks,
construction and reconstruction of storm sewers, and construction
and reconstruction of water mains, and all necessary appurtenances
and structures thereto, between Fifth Street through and including
Fifteenth Street of Ocean Drive, all to be located within the City.
3 . The total estimated cost of the above-described improvement
is two million, four hundred thousand dollars ($2 , 400, 000) , and
fifty two and one tenth percent (52 . 1%) of the costs thereof are
estimated to be paid by special assessments against all lots and
lands adjacent and contiguous and bounding and abutting upon such
improvements, and specially benefitted thereby, which lots and lands
are further designated by the assessment plat hereinafter provided.
4 . Special assessments to defray that portion of the cost of
the above-described improvements determined to be assessed against
the property specially benefitted shall be levied against all lots
and lands specially benefitted thereby and further described by the
assessment plat as provided by law.
5. Said assessments herein provided for shall be made and
shall be determined and pro-rated according to the front footage of
the respective properties specially benefitted by said improvements,
and shall be due and payable within thirty (30) days after the
completion and acceptance of the improvements; provided, however,
that property owners may elect to pay said assessments in ten (10)
equal yearly installments with interest at the rate of eight percent
(8%) per annum from the due date until paid and if not paid when
due, there shall be added a penalty at the rate of one (1) percent
until paid.
6. Approximately forty seven and nine tenths percent (47 . 9%)
of the total cost of said improvements shall be paid by the City
from the Ocean Drive Capital Improvement Fund set aside for such
purpose.
7 . At the time of adoption of this Resolution, there is on file
with the Clerk of the City of Miami Beach, an assessment plat
showing the areas to be assessed, with plans and specifications, and
an estimate of the costs of the proposed improvements, as herein
specified, which assessment plat, plans and specifications and
estimate are open to the inspection of the publi .
PASSED AND ADOPTED THIS 3rd DAY OF Jure , 1992 .
'ayor
Attest:
City Clerk (45)(11._
FORM APPROVED
PNB: lm LEGAL DEPT.
C:\resoluti\ocean.spe
By
Date
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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.
DATE: June 3 , 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carlton
City Manager
SUBJECT:
OCEAN DRIVE SPECIAL ASSESSMENTS
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve the
attached Resolution providing for Ocean Drive Special Assessments.
BACKGROUND:
The Ocean Drive Revitalization Strategy was adopted several years
ago to provide incentives for private property owners to
substantially renovate their buildings, allow for placement of
outdoor cafes and restaurants, provide for pedestrian amenities to
the streetscape and the expansion of Lummus Park. As part of that
strategy, a special assessment concept was adopted which included
a charge to the abutting property owners who benefitted from the
project for a portion of the capital improvements.
Now that the project is completed, and has been a tremendous
success, the Administration has begun the process of assessing the
special assessment portion of the improvements. In beginning this
process, it was discovered that certain procedural steps were not
fully implemented in the Special Assessment process. The following
gives a brief chronology, explanation of the procedural steps now
required to implement the Ocean Drive Special Assessment.
The upgrading and renovation of the Ocean Drive District was
brought to the City Commission in October, 1984 . In that meeting,
the Planning and the Economic Development Departments presented the
"Ocean Drive, A Planning and Urban Design Strategy" to the
Commission. The Plan came to the Commission a second time in
January 1985 with a request to incorporate the Plan into the City's
Comprehensive Plan and to call a public hearing on that
incorporation. A public hearing was called and held on February 6,
1985, at which time the City Commission adopted the Ocean Drive
Plan which included a Special Assessment component.
During the implementation of the Ocean Drive Plan, discussions were
held with the newly-formed Ocean Drive Property Owner's Association
to finalize the overall design of the street improvements. These
discussions culminated in a July 23, 1986, Resolution calling for
a special election in November, 1986, to authorize the issuance of
not more than $3 , 000, 000 in General Obligation (GO) Bonds to be
paid in part by special assessments from the abutting property
owners who would benefit from the improvements. The reasoning
behind the decision for a GO bond issue was that an estimated §0% 91
of the project was abutting City-owned property and was not
assessable. AGENDA__Raaa_
ITEM
DATE -3-
COMMISSION MEMORANDUM PAGE TWO JUNE 3 , 1992
At that time, the City was undertaking a series of refunding
transactions which advance refunded the 1983 $24, 000, 000 Public
Improvement Bonds, the 1984 $22, 000, 000 TOPA Bonds, and the 1984
$9, 800, 000 South Pointe Redevelopment Bonds. It became timely and
cost beneficial to add the $3 , 000, 000 Ocean Drive GO Bonds on to
the second refunding transaction as the Series 1987B Bonds. In the
Bond Resolution authorizing the Ocean Drive GO Bonds, the City
covenanted to "take all actions necessary to assess, levy and
collect special assessments" and to use the proceeds from the
Special Assessment to pay debt service on all or a portion of the
Bonds as they came due. Subsequent to this the project was
constructed, however, the procedural steps necessary to levy the
special assessment on the property owners were not completed.
ANALYSIS:
Pursuant to Chapter 170 of the Florida Statutes, the City had the
right to levy special assessments on the abutting owners in
accordance with the procedure specified therein.
While the City did not implement the Chapter 170 procedures during
the planning and construction of the project pursuant to Section
170. 14, the City has the right to make the assessments after the
completion of the improvements.
The following is the procedure to be utilized for levying these
assessments:
1. The plans, specifications, cost estimates and assessment
plat must be filed with the City Clerk's Office and open
for inspection by the public. (This item was completed
on May 29 , 1992)
2 . Approve an initial resolution providing for the
improvements, describing the project area and calling for
the special assessment. (This is the item before you
today)
3 . The initial resolution must be published in its entirety
in the Miami Herald.
4. The Public Works Department will prepare a preliminary
assessment roll and file said roll with the City Clerk' s
Office.
5. Approve a resolution fixing a time and place for a public
hearing to be held. During this public hearing the
benefitted property owners, as well as any concerned
citizen, may comment on the improvements. (This item
will be included on the June 17, 1992 Agenda, with the
public hearing to be scheduled for the last meeting in
July)
6. Mailing of notices to the property owners and
advertisement for the public hearing; a minimum of ten
days notice is required. The public hearing will be
scheduled for the last City Commission meeting in July
1992 .
7. Holding public hearing and, at its conclusion, approve a
resolution finalizing the assessment roll and confirming
and accepting the project improvements.
8. Enter the final assessment in the City' s Improvement Lien
Book.
continued. . .
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COMMISSION MEMORANDUM PAGE THREE JUNE 3 , 1992
9. Prepare and mail the special assessment notices and begin
collections.
As a result of the above process the City will be able to levy a
special assessment of 52 . 1% of the Ocean Drive improvement cost to
private property owners. Based on a lineal front footage method of
calculating the assessment and the estimated cost of $2 . 4 million,
the estimated assessment will be $234 . 15 per lineal foot or an
estimated $11, 707. 50 for the average fifty-foot lot.
It is estimated that the entire process will be completed by
October 1992.
CONCLUSION:
The City Commission should pass the Ocean Drive Special Assessment
District initial resolution to begin the process to levy the
special assessments.
RMC:CBT:ap
93
ORIGINAL ''
RESOLUTION NO. 22--20519
Ordering the construction of the •
improvements consisting of street,
sidewalk, storm sewer and water main
improvements to Ocean Drive between Fifth
and Fifteenth Streets, all lying wihtin.
the corporate limits of the City of Miami
Beach,