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95-21778 Reso RESOLUTION NO. 95-21778 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING THAT CERTAIN SERVICES BE PROVIDED PURSUANT TO THE CREATION OF THE OCEAN DRIVE MANAGEMENT DISTRICT NO. 3, AS DECLARED BY RESOLUTION NO. 95-21674 ADOPTED ON JULY 26, 1995, AND FURTHER LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN THE DISTRICT BENEFITTED BY THE PROVISION OF SUCH SERVICES, IN ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED FORTHWITH WITH THE CITY CLERK. WHEREAS,Chapter 170,Florida Statutes, as amended(Act), provides that a municipality may levy and collect special assessments against property benefitted 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 such districts of the municipality; and WHEREAS, on July 26, 1995, by Resolution No. 95-21674, the Mayor and City Commission of the City of Miami Beach, Florida, declared the creation of a special assessment district known as the Ocean Drive Management District No.3, for that area of Ocean Drive, from Fifth through Fifteenth Street (District), for the provision of those certain services, as set forth in Exhibit "A", attached and incorporated (Services),all in accordance with the applicable provisions of the Act; and WHEREAS,a preliminary assessment roll has been filed with the Office of the City Clerk indicating the lots and lands to be assessed,the amount of the benefit to and the assessment against each lot and/or parcel of land, all as required by the Act; and WHEREAS,through a special election held in the District on October 6, 1995,approval has been obtained by a majority of the affected property owners within the District as to the levying and collection of the assessments, as also required by the Act; and WHEREAS, on July 26, 1995, by Resolution No. 95-21675, the Mayor and City Commission scheduled and thereafter held a public hearing on October 11, 1995, to hear testimony from all property owners and any other interested persons regarding the propriety, advisability and cost of providing the Services in the District; and WHEREAS, all affected property owners within the District have received appropriate notice of the public hearing, as required by the Act; and WHEREAS,at the public hearing,the Mayor and City Commission,acting as an equalizing board, received complaints, comments and objections by interested persons and affected property owners,and thereafter directed the Administration,as deemed necessary and as appropriate,to adjust and equalize the assessments on the basis of justice and right as prescribed by the Act. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1: All findings and recitals contained in this Resolution are hereby adopted and incorporated. Resolution No.95-21574,which ordered the creation of the Ocean Drive Management District No. 3, is hereby confirmed. Section 2: The final assessment roll is herein approved, as so equalized, and shall be promptly filed with the Office of the City Clerk in accordance with this Resolution and applicable provisions of the Act. Such assessments contained in the final assessment roll are hereby levied and stand confirmed and remain legal, valid and binding special assessment liens upon properties against which such assessments shall be recorded in the Improvement Lien Book and the final assessment roll shall show the lots or lands assessed,the amount of benefit as to each such lot or land, and the manner of payment of such assessment. PASSED AND ADOPTED this 11th day of October , 1995 ATTEST: ,/ ./ CITY CLERK ,-'' MAYOR aq: FORM APPROVED LEGAL D PT. By _ _ Date d/ 5 Exhibit "A"" SERVICES Security Security sea thesMiwill be ami Beach Po 1 d with a ce Departmentnbination of private security an Sanitation • The District will provide increased streetsweeping services in addition to the current hand and mechanical streetsweeping services provided by the City. Additionally the District will provide for regular pressure cleaning of sidewalks. The City will provide the storage containers and will also be responsible for disposing of the litter and trash from this additional streetsweeping effort. Park and Landscape Maintenance and Sianage Services will include additional park and landscape maintenance and the provision of informational signage within the District. Management/Operating Salary and fringe benefits for a District Manager and support staff who will be responsible for administering the operations of the District as well as operating costs. Estimated Annual Cost Security $353 ,840 Sanitation 186, 160 Landscape Maintenance/Signage 68, 870 Marketing/Promotion 50, 250 178 ,707 Management Total $837 , 827 Estimated Funding Allocation Special Assessment $266,000 Sidewalk Cafe Permit Fees 82, 000 (Ocean Drive) City - Resort Taxes 493 , 827 Total $837, 827 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI Bi_ACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 1 Co 3-95 TO: Mayor Seymour Gelber and Members of the City Commission DATE: October 11, 1995 FROM: Jose Garcia-Pedrosa / City Manager SUBJECT: SPECIAL ASSE'> NT LEVY- OCEAN DRIVE MANAGEMENT DISTRICT ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached resolution levying a special assessment to support improvements to the special assessment district to be known as the Ocean Drive Management District Number 3,which will encompass the area on Ocean Drive from Fifth through Fifteenth Streets. BACKGROUND: Property owners in the Ocean Drive area have expressed satisfaction with the services provided during the first two years of the management district. Furthermore, pursuant to the results of an election held within the District on October 6, 1995, a majority of the property owners voted to support the creation of the special assessment district for a third year to provide for security, maintenance and related services. The attached resolution provides for the creation of the Ocean Drive Management District Number 3,for a third one year period for services as described below. 1) Security- $353,840 The current security detail is provided through the Miami Beach Police Department and consists of one sergeant and six police officers. This security detail has been modified to include one part-time sergeant and two police officers and will be supplemented by the use of private security. These changes will result in a reduction in the security budget of $121,160. 2) Sanitation- $186,160 This service will include increased streetsweeping in addition to the current hand and mechanical streetsweeping services provided by the City. Additionally, the district will provide for periodic pressure cleaning of sidewalks. There will be additional hours of service AGENDA ITEM -3 -C DATE ( Q O' t 1- -I S • provided during the next fiscal year which will also augment the security detail. The costs for these additional services is$31,210. The City will provide the storage containers and will also be responsible for disposing of the litter and trash from this additional streetsweeping effort. 3) Park/Landscape Maintenance and Signage- $68,870 Services will include additional park and landscape maintenance and the provision of informational signage within the area. Major park and landscape upgrading was implemented during the first two years of the district's existence. The focus during this year will be maintaining the improvements. 4) Marketing and Special Events - $50,250 This is a new item for FY 1995/96 and includes funding for street festivals and video and other promotional projects. 5) Management- $92,700 This portion of the budget includes the actual and related costs of a District Manager, rent, office supplies, telephones, beepers and radios. 6) Overhead - $86,007 This portion of the budget includes health insurance, FICA, Unemployment insurance, Workman's Compensation and secretarial and audit support. A three year agreement is currently in place with the Miami Beach Development Corporation,acting on behalf of the Ocean Drive Association,to provide sanitation,landscape maintenance,signage and management services within the Special Assessment District. Security services will be provided and managed by the Miami Beach Police Department. ANALYSIS: Estimated Annual Cost Security $353,840 Sanitation 186,160 Landscape Maintenance Signage 68,870 Marketing and Special Events 50,250 Management 92,700 Overhead 86.007 Total $837,827 Estimated Funding Allocation Special Assessment $262,000 Sidewalk Cafe Permit Fees 82,000 (Ocean Drive) City- Resort Taxes 493.827 Total $837,827 Method of Assessment The total amount of the special assessment to fund these services is $262,000. This portion of the cost of providing these services will be prorated according to the front footage of the respective commercial and residential properties specially benefitted by these services. Accessible front footage of corner properties will include an additional 25 feet. Accessible front footage of corner properties have been adjusted by the amount in excess of the additional 25 feet paid in FY 94/95. The assessment for residential properties such as condominium buildings will also be on a front footage basis,and will be billed to the respective condominium associations. The estimated annual cost of providing this benefit is $50.92 per front foot. Other Funding Revenues from Sidewalk Cafe Permit Fees ($82,000) for Ocean Drive will be applied toward funding the cost of the proposed services. The City will fund the balance of the costs for these services from the proceeds of Resort Tax($493,827). CONCLUSION: Following the-public hearing the City Commission shall meet as an equalization board to consider the testimony of the affected property owners and shall adjust and equalize the assessments on a basis of justice and right. Upon adoption of the attached resolution the special assessment shall be levied and the final assessment roll shall be created. JGP:HSM:aq