C7Q-Execute MOU w- Sunset Islands Special Assessment District - Undergrounding UCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Approving And Authorizing The City Manager To Execute A
Memorandum Of Understanding Between The City And Sunset Islands Ill & IV Property Owners, Inc.,
Memorializing Certain Additional Timeframes And Terms And Conditions, As Agreed To Between The Parties,
And Pertaining To The Proposed Creation And Establishment By The City Of The Proposed Sunset Islands 3 &
4 Special Assessment District For Undergrounding Utilities.
Key Intended Outcome Supported:
Issue:
Item Summary/Recommendation:
Pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the City Administration has been
working with the Sunset Islands Ill and IV Property Owners Association (HOA) toward the creation of a special
assessment district to fund the conversion of overhead utilities to underground on said Islands.
During the past year, the HOA has been working with the Administration on its proposed undergrounding
district, and it expects that the initial resolution establishing the special assessment district will likely be taken to
the City Commission for approval sometime in late Summer or early Fall2012.
On February 8, 2012, the Mayor and City Commission approved Resolution No. 2012-27842, approving and
allowing the HOA to proceed with the election requirement imposed by the City Commission, which requires
that, as a condition precedent to its final establishment of the proposed special assessment district, at least
sixty percent (60%) of the benefitted property owners within such district vote in favor of its
creation/establishment by the City, and of the levy of a special assessment to fund the costs of the
contemplated undergrounding project. The Resolution also adopted guidelines and procedures for the election,
which will be a mail ballot election.
To re-affirm certain benchmarks and timelines pertaining to the election, and other terms agreed to between the
City and the HOA with respect to the creation and establishment of the proposed Sunset Islands 3 & 4 Special
Assessment District for Undergrounding Utilities, the City and the HOA agreed to execute a Memorandum of
Understanding (MOU) (Attachment A), containing the following elements:
1. Election Timeframe;
3. Traffic Circle and Sidewalk
2. Additional Conditions, a)Costs, b)Funding;
4. Construction Timeframe
The Administration recommends adopting the Resolution.
Advisory Board Recommendation:
Financial Information:
Amount
Source of 1
Funds: 2
OBPI Total
Financial Impact Summary:
Cit Clerk's Office le islative Trackin :
Department Director
FB
T:\AGENDA\2012\3-21-12\Sunset Islands 3 & 4. SUMMARY.doc
MlAMIBEACH 315
Account
AGENDA ITEM _C_7_Q_
DATE 3-;t/-/L
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and Member~of the Cit Commission
FROM: Jorge M. Gonzalez, City Manager G
DATE: March 21, 2012 u
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SUNSET ISLANDS Ill & IV PROPERTY
OWNERS, INC., MEMORIALIZING CERTAIN ADDITIONAL TIMEFRAMES AND TERMS
AND CONDITIONS, AS AGREED TO BETWEEN THE PARTIES, AND PERTAINING TO
THE PROPOSED CREATION AND ESTABLISHMENT BY THE CITY OF THE
PROPOSED SUNSET ISLANDS 3 & 4 SPECIAL ASSESSMENT DISTRICT FOR
UNDERGROUNDING UTILITIES.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
Pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the City Administration has
been working with the Sunset Islands Ill & IV Property Owners Association (HOA) toward the
creation of a special assessment district to fund the conversion of overhead utilities to underground
on said Islands.
During the past year, the HOA has been working with the Administration on its proposed
undergrounding district, and it expects that the initial resolution establishing its special assessment
district will likely be taken to the City Commission for approval sometime in late Summer or early Fall
2012.
On February 8, 2012, the Mayor and City Commission approved Resolution No. 2012-27842,
approving and allowing the HOA to proceed with the election requirement imposed by the City
Commission, which requires that, as a condition precedent to its final establishment of the proposed
special assessment district, at least sixty percent (60%) of the benefitted property owners within
such district vote in favor of its creation/establishment by the City, and of the levy of a special
assessment to fund the costs of the contemplated undergrounding project. The Resolution also
adopted guidelines and procedures for the election, which will be a mail ballot election.
316
City Commission Memorandum-Sunset Islands Ill & IV
March 21, 2012
Page 2 of 3
To re-affirm certain benchmarks and timelines pertaining to the election, and other terms agreed to
between the City and the HOA with respect to the creation and establishment of the proposed
Sunset Islands 3 & 4 Special Assessment District for Undergrounding Utilities, the City and the HOA
agreed to execute a Memorandum of Understanding (MOU) (Attachment A), containing the following
elements:
1. Election Timeframe
The City and HOA shall use their respective good faith, commercially reasonable efforts to
hold the election sometime in April 2012 (Election Date). For purposes of this MOU, the
term "hold the election" shall refer to the date that the Official Ballots (as that term is defined
in Attachment "A" of the Resolution) are mailed out by the City, through its City Clerk's
Office, to the benefitted property owners within the District. Notwithstanding the preceding,
the April 2012 Election Date is contingent upon and subject to the City's prior timely receipt
of the final binding estimates from the utilities (FPL, AT&T, and Atlantic Broadband) and,
based on such costs, the calculation, by the City's Finance Department, of the amounts of
the individual assessments for each property owner (both if paid up front, in full, or in
installments over the agreed upon period of ten (10) years, if the property owner elects to
finance).
2. Additional Condition
A. Costs.
In order to minimize costs to the HOA, the Election will be prepared and conducted
by the City, "in-house," through its City Attorney and City Clerk's Offices. The City
will be responsible for the costs associated with printing and copying the sufficient
number of Official Ballots (currently estimated at 118) and the three(3) envelopes
accompanying each Ballot The HOA will provide to the City, and be responsible for
any costs associated with: (i) the "Certified List" of benefitted property owners within
the District (containing the names and addresses of the property owners to whom
the City shall mail the Official Ballots to); (ii) the mailing labels for each address on
the Certified List; and (iii) the costs of all postage associated with mailing out the
Official Ballots to the benefitted property owners, via First Class U.S. Mail.
B. Funding.
1. The City agrees to fund the following District costs internal to the City; which costs
will not be included as part of the total Project cost for purposes of calculating the
special assessments: the FPL-CIP Liaison, the CIP Management Fee, annual
administration fees, and the internal costs of conducting the Election (except, as to
the latter, costs associated with preparing the Certified List, mailing labels, and
postage costs, all of which will be the responsibility of the HOA).
2. The HOA will be responsible for any and all District third party costs; which costs will
be included as part of the total Project costs for purposes of calculating the special
assessments. Financing costs (interest, issuance, tax collector, debt service
reserve, and other third party and related borrowing costs) will be assessed to those
property owners who do not pay the assessment up front, in full, and who elect to
use the City financing option to pay for their portion in installments.
317
City Commission Memorandum -Sunset Islands Ill & IV
March 21, 2012
Page 3 of 3
3. Traffic Circle and Sidewalk.
Following approval of this MOU and execution by the parties hereto, the City's Capital
Improvements Projects Office (CIP) will develop and provide the HOA with a preliminary cost
estimate for (i) a traffic circle, to be located as one comes over the Sunset Island IV bridge,
from the mainland side onto Sunset Island IV; and (ii) the extension of the sidewalk
connecting the Sunset Islands Ill & IV bridges along Sunset Drive.
4. Construction Timeframe
The City shall use good faith, reasonably commercial efforts to: (i) meet the CIP timeframe
for the Project, which is currently estimated for commencement of construction in late 2012
or early 2013; (ii) expedite the preparation of the necessary resolutions, notices, and other
work product that the City needs to prepare for the City Commission's consideration relative
to creating and establishing the District (and including, without limitation, presenting options
for financing the Project costs); (iii) expedite all City issued permits for the Project; and,
provided the District is created and established; (iv) diligently and continuously prosecute
construction of the Project. Upon completion of the Project, in the event that benefitted
properties within the district have not connected their individual residences to the Project
(the "resident hook-ups"), the City will reasonably assist the HOA with such lawful actions, as
the City Commission may deem necessary, to facilitate the completion of all resident hook-
ups with the District.
Notwithstanding the preceding, or any other term or condition of this MOU, the City and HOA
hereby agree and acknowledge that the City shall have no liability whatsoever to the HOA, or
to third parties, for any claims, causes of action, costs, expenses, liabilities, or damages,
whether direct or indirect, arising out of or in connection with any act or failure to act, or any
error or omission, of the City, including without limitation, those arising from its performance
or non-performance of any good faith, reasonably commercial effort contemplated by the
City under this Section 5.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Resolution and
authorize the City Manager to execute the Memorandum of Understanding.
DRB/FHB//JRG
T:\AGENDA\2012\3-21-12\Sunset Islands Ill & IV
318
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING
AND AUTHORZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND SUNSET ISLANDS Ill & IV
PROPERTY OWNERS, INC. MEMORIALIZING CERTAIN ADDITIONAL
TIMEFRAMES AND TERMS AND CONDITIONS, AS AGREED TO BETWEEN
THE PARTIES, AND PERTAINING TO THE CREATION AND
ESTABLISHMENT BY THE CITY OF THE PROPOSED SUNSET ISLANDS 3 &
4 SPECIAL ASSESSMENT DISTRICT FOR UNDERGROUNDING UTILITIES.
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Property Owners
Association (HOA) toward the creation of a special assessment district to fund the conversion of
overhead utilities to underground on said Islands (the Project); and
WHEREAS, the HOA has been working with the Administration on its proposed
undergrounding district, and has reached the point where the initial Resolution establishing its
district will likely be presented to the City Commission sometime in late Summer or early Fall
2012;and
WHEREAS, at its regular meeting on February 8, 2012, the Mayor and City Commission
approved Resolution No. 2012-27842 (the Resolution), approving and allowing the HOA to
proceed with the "election" requirement imposed by the City Commission, which requires that,
as a condition precedent to its final establishment of the proposed special assessment district,
at least sixty percent (60%) of the benefitted property owners within such district vote in favor of
its creation/establishment by the City and of the levy of a special assessment to fund the costs
of the contemplated undergrounding project; and
WHEREAS, the Resolution also adopted guidelines and procedures for the aforestated
election, which will be a mail ballot election (the Election); and
WHEREAS, the HOA has been working with representatives of the City Attorney and
City Clerk's Offices, who are preparing the ballot question and instructions and, accordingly, has
approved the attached sample ballot question and instructions, both of which are attached, in
substantial form, as Exhibit "A" hereto; and
WHEREAS, in addition to re-affirming certain benchmarks and timelines pertaining to
the Election, the City and the HOA also wish to confirm, in this MOU, other terms agreed to
319
between the City and the HOA with respect to the creation and establishment of the proposed
Sunset Islands 3 & 4 Special Assessment District for Undergrounding Utilities (the District).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to execute a Memorandum of
Understanding between the City and Sunset Islands Ill & IV Property Owners, Inc.
memorializing certain additional timeframes and terms and conditions, as agreed to between the
parties, and pertaining to the creation and establishment by the City of the proposed Sunset
Islands 3 & 4 Special Assessment District for undergrounding utilities.
PASSED AND ADOPTED this ____ day of _____ _. 2012
ATTEST:
CITY CLERK
F:\ATIO\AGUR\RESOS-ORD\Sunset Islands 3 and 4 MOU Reso (3-13-12).doc
320
MAYOR
APPROVED AS TO
FORM & LANGUAGE
&F ECUTION
) ~111'1-
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
SUNSET ISLANDS Ill & IV PROPERTY OWNERS, INC.
This Memorandum of Understanding (MOU) is entered into this day of ,
2012, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation located
at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and the SUNSET
ISLANDS Ill & IV PROPERTY OWNERS, INC., a non-profit Florida corporation, whose principal
address is Guard House, 2003 Sunset Drive, Miami Beach, Florida 33140 (HOA).
RECITALS:
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Property Owners
Association (HOA) toward the creation of a special assessment district to fund the conversion of
overhead utilities to underground on said Islands (the Project); and
WHEREAS, the HOA has been working with the Administration on its proposed
undergrounding district, and has reached the point where the initial Resolution establishing its
district will likely be presented to the City Commission sometime in late Summer or early Fall
2012; and
WHEREAS, at its regular meeting on February 8, 2012, the Mayor and City Commission
approved Resolution No. 2012-27842, attached and incorporated as Exhibit "A" hereto (the
Resolution), approving and allowing the HOA to proceed with the "election" requirement
imposed by the City Commission, which requires that, as a condition precedent to its final
establishment of the proposed special assessment district, at least sixty percent (60%) of the
benefitted property owners within such district vote in favor of its creation/establishment by the
City, and of the levy of a special assessment to fund the costs of the contemplated
undergrounding project; and
1
321
WHEREAS, the Resolution also adopted guidelines and procedures for the aforestated
election, which will be a mail ballot election (the Election); and
WHEREAS, the HOA has been working with representatives of the City Attorney and
City Clerk's Offices, who are preparing the ballot question and instructions and, accordingly, has
approved the attached sample ballot question and instructions, both of which are attached, in
substantial form, as Exhibit "B" hereto; and
WHEREAS, in addition to re-affirming certain benchmarks and timelines pertaining to
the Election, the City and the HOA also wish to confirm, in this MOU, other terms agreed to
between the City and the HOA with respect to the creation and establishment of the proposed
Sunset Islands 3 & 4 Special Assessment District for Undergrounding Utilities (the District).
NOW THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and HOA hereby agree as follows:
1. The above Recitals are hereby made a part of this MOU and expressly incorporated by
reference herein.
2. Election Timeframe and Additional Conditions.
a. As also set forth in the Resolution attached as Exhibit "A" hereto, the City and
HOA shall use their respective good faith, commercially reasonable efforts to
hold the election sometime in April 2012 (Election Date). For purposes of this
MOU, the term "hold the election" shall refer to the date that the Official Ballots
(as that term is defined in Attachment "A" of the Resolution) are mailed out by the
City, through its City Clerk's Office, to the benefitted property owners within the
District. Notwithstanding the preceding, the April 2012 Election Date is
contingent upon and subject to the City's prior timely receipt of the final binding
estimates from the utilities (FPL, AT&T, and Atlantic Broadband) and, based on
such costs, the calculation, by the City's Finance Department, of the amounts of
the individual assessments for each property owner (both if paid up front, in full,
or in installments over the agreed upon period of ten (10) years, if the property
owner elects to finance).
b. Costs. In order to minimize costs to the HOA, the Election will be prepared and
conducted by the City, "in-house," through its City Attorney and City Clerk's
Offices. The City will be responsible for the costs associated with printing and
copying the sufficient number of Official Ballots (currently estimated at 118) and
the three(3) envelopes accompanying each Ballot (as set forth in Section 4 of
Attachment "A" of the Resolution). The HOA will provide to the City, and be
responsible for any costs associated with: (i) the "Certified List" of benefitted
property owners within the District (containing the names and addresses of the
property owners to whom the City shall mail the Official Ballots to); (ii) the mailing
labels for each address on the Certified List; and (iii) the costs of all postage
associated with mailing out the Official Ballots to the benefitted property owners,
via First Class U.S. Mail.
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3. Funding.
a. The City agrees to fund the following District costs internal to the City; which
costs will not be included as part of the total Project cost for purposes of
calculating the special assessments: the FPL-CIP Liaison, the CIP Management
Fee, annual administration fees, and the internal costs of conducting the Election
(except, as to the latter, costs associated with preparing the Certified List, mailing
labels, and postage costs, all of which will be the responsibility of the HOA).
b. The HOA will be responsible for any and all District third party costs; which costs
will be included as part of the total Project costs for purposes of calculating the
special assessments. Financing costs (interest, issuance, tax collector, debt
service reserve, and other third party and related borrowing costs) will be
assessed to those property owners who do not pay the assessment up front, in
full, and who elect to use the City financing option to pay for their portion in
installments.
4. Traffic Circle and Sidewalk. Following approval of this MOU and execution by the
parties hereto, the City's Capital Improvements Projects Office (CIP) will develop and
provide the HOA with a preliminary cost estimate for (i) a traffic circle, to be located as
one comes over the Sunset Island 4 bridge, from the mainland side onto Sunset Island
4; and (ii) the extension of the sidewalk connecting the Sunset Island 3 & 4 bridges
along Sunset Drive.
5. The City shall use good faith, reasonably commercial efforts to: (i) meet the CIP
timeframe for the Project, which is currently estimated for commencement of
construction in late 2012 or early 2013; (ii) expedite the preparation of the necessary
resolutions, notices, and other work product that the City needs to prepare for the City
Commission's consideration relative to creating and establishing the District (and
including, without limitation, presenting options for financing the Project costs); (iii)
expedite all City issued permits for the Project; and, provided the District is created and
established; (iv) diligently and continuously prosecute construction of the Project. Upon
completion of the Project, in the event that benefitted properties within the District have
not connected their individual residences to the Project (the "resident hook-ups"), the
City will reasonably assist the HOA with such lawful actions, as the City Commission
may deem necessary, to facilitate the completion of all resident hook-ups within the
District.
Notwithstanding the preceding, or any other term or condition of this MOU, the City and
HOA hereby agree and acknowledge that the City shall have no liability whatsoever to
the HOA, or to third parties (including, without limitation, any benefitted property owners
in the District}, for any claims, causes of action, costs, expenses, liabilities, or damages,
whether direct or indirect, arising out of or in connection with any act or failure to act, or
any error or omission, of the City, including without limitation, those arising from its
performance or non-performance of any good faith, reasonably commercial efforts
contemplated by the City under this Section 5, or elsewhere in this MOU; provided,
however, that the City shall be obligated for those costs that the City has agreed to fund
pursuant to Section 2(b) and Section 3 of this MOU.
3
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6. Notices.
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the HOA and the City listed below or may
be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO HOA:
TO CITY:
Sunset Islands Ill & IV Property Owners, Inc.
Attn: Terry Bienstock, President of HOA
Guard House, 2003 Sunset Drive
Miami Beach, Florida 33140
(_) _____ _
City of Miami Beach
Attn: Fred Beckmann
Public Works Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7000
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the
day following the date mailed; and if mailed to an address outside the city of dispatch on
the seventh day following the date mailed.
7. This MOU shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws.
The exclusive venue for any litigation arising out of this letter of understanding shall be
Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern
District of Florida, if in Federal court. BY ENTERING INTO THIS MOU, THE CITY AND
THE HOA EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS MEMORANDUM OF UNDERSTANDING.
8. Neither party may assign this MOU. Neither this MOU, nor any of its terms, may be
changed, modified or otherwise amended except by an instrument in writing, signed by
an authorized representative, which shall be the City Manager (on behalf of the City),
and the HOA President (on behalf of the HOA).
9. The City and HOA acknowledge and agree that they are not joint venturers, partners, or
joint owners with respect to this MOU, the District, or the Project. Nothing contained
herein shall be construed as creating a partnership, joint venture or similar relationship
between the City and the HOA.
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324
10. This MOU shall be effective following approval by the Mayor and City Commission and,
thereafter, upon the last date signed by the parties hereto (the Effective Date). Except
with respect to the parties' obligations as to their respective costs under Section 2(b)
hereof (i) in the event that, following the Election, the District is not approved by the
required sixty percent (60%) of the benefitted property owners within such District ; or (ii)
in the event that the District is not otherwise created, established, or approved by the
Mayor and City Commission, then this MOU shall automatically terminate, without further
action required by the parties, and its terms shall have no further legal force or effect.
Upon such termination, the City and the HOA shall have no further obligations and/or
liability to each other with respect to this MOU.
[SIGNATURES ON FOLLOWING PAGE]
5
325
I HAVE READ THIS MOU AND, FULLY UNDERSTANIDNG SAME AND, FURTHER, BEING
THE LAWFULLY AUTHORIZED REPRESENTATIVE OF THE PARTY BELOW, DO HEREBY
EXECUTE SAME AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HEREIN.
CITY OF MIAMI BEACH, FLORIDA (CITY)
By: _________ _
Name: ________ _
Title: ________ _
Date: ________ _
SUNSET ISLANDS Ill & IV PROPERTY OWNERS, INC. (HOA)
By: _________ _
Name: ---------Title: ________ _
Date: ________ _
6
326
APPROVED AS TO
FORM & LANGUAGE
----·FOR EXECUTION
Exhibit "A"
Resolution
7
327
RESOLUTION NO. 2012-27842
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TAKING THE FOLLOWING ACTIONS WITH
RESPECT TO THE ONGOING PROCESS FOR THE PROPOSED CREATION
OF THE SUNSET ISLAND NOS. 3 AND 4 SPECIAL ASSESSMENT DISTRICT
FOR UNDERGROUNDING UTILITIES: 1) APPROVING AND ALLOWING THE
SUNSET ISLANDS 3 AND 4 HOA TO CONDUCT THE ELECTION REQUIRED
BY THE CITY, PRIOR TO THE CITY COMMISSION'S APPROVAL OF THE
FIRST RESOLUTION ESTABLISHING THE PROPOSED SPECIAL
ASSESSMENT DISTRICT, WHICH ELECTION WILL BE A MAIL BALLOT
ELECTION, CONDUCTED BY THE CITY CLERK AND CITY ATTORNEY'S
OFFICE, AND WHICH IS ESTIMATED TO BE HELD SOMETIME IN APRIL
2012; AND 2) FURTHER APPROVING THE ATTACHED "SUNSET ISLANDS 3
AND 4 SPECIAL ASSESSMENT DISTRICT FOR UNDERGROUNDING
UTILITIES MAIL BALLOT ELECTION PROCEDURES", WHICH NOT ONLY
SETS FORTH THE PROCESS AND PROCEDURES FOR THE
AFORESTATED MAIL BALLOT ELECTION, BUT WHICH WILL ALSO SERVE
AS THE TEMPLATE FOR FUTURE MAIL BALLOT ELECTIONS IN THE
EVENT OF SUBSEQUENT REQUESTS BY OTHER HOA'S AND/OR CITY
NEIGHBORHOODS TO PROCEED WITH THE CREATION OF SPECIAL
ASSESSMENT DISTRICTS FOR UNDERGROUND UTILITES IN THEIR
AREAS.
WHEREAS, in areas of the City, utility lines for services such as telephone, electricity,
and cable television exist overhead; and
WHEREAS, certain residential neighborhoods in the City have requested the relocation
of overhead utility lines underground; and
WHEREAS, the City recognizes its innate ability to assist with said initiatives and to
provide a collection mechanism, such as those used with special assessment districts created
pursuant to Chapter 170, Florida Statutes, at the request of individual neighborhoods; and
WHEREAS, pursuant to Resolution No. 2002-24761, adopted on February 20, 2002, the
City Administration has been working with the Sunset Islands 3 and 4 Homeowners' Association
(HOA) toward the creation of a special assessment district to fund the conversion of overhead
utilities to underground on said Islands; and
WHEREAS, although not required pursuant to Chapter 170, Florida statutes, on or
about 2002, and in light of increased requests by various HOA's throughout the City for the
creation of special assessment districts to fund underground utilities conversions, and in order
to gauge whether there was support for same among the majority of property owners in those
neighborhoods/areas, the City Commission self-imposed certain additional requirements, as a
matter of policy, prior to finalizing the creation of and establishing any such special assessment
district; and
328
WHEREAS, one of these requirements requires that an election be held within the
proposed district, with at least sixty percent (60%) of the benefited property owners (within the
proposed district) voting in favor of its creation; and
WHEREAS, the City's policies require such election to be held between the City's
approval and adoption of the first Resolution, which establishes the City's intent to create the
proposed special assessment district, and the second and final Resolution, which creates the
district and approves the final assessment roll; and
WHEREAS, the Sunset Islands 3 and 4 HOA has been working with the Administration
on its proposed undergrounding district, and has reached the point where the initial Resolution
establishing its district will likely be presented to the City Commission sometime in late Summer
or early Fal12012; and
WHEREAS, notwithstanding the above, the HOA has expressed a concern that, as
many of its residents are seasonal residents, and in order to have optimum voter turnout for the
required election to approve the district, it would be in the best interest of the HOA to be able to
hold that election sometime in April 2012 (i.e. before the City's consideration of the first
Resolution initially establishing the proposed district); and
WHEREAS, the proposed election would be a mail ballot election, conducted and
overseen by the City Clerk and City Attorney's Office; and
WHEREAS, as Chapter 170 does not legally require an election, and as the election
requirement was established pursuant to City Commission policy, the City Administration and
City Attorney's Office have no objection to the HOA's request; and
WHEREAS, additionally, the City Clerk and City Attorney's Office have prepared mail
ballot election procedures for the proposed Sunset Islands 3 and 4 Special Assessment District
whidl procedures are attached and incorporated as Attachment "A" hereto; and
WHEREAS, the Administration and City Attorney's Office recommend approval of the
attached procedures and, if approved, would recommend that such procedures also be herein
adopted and approved as the uniform procedures to satisfy the City's election requirement, in
conjunction with future requests by other HOA's and/or City neighborhoods for the creation of
special assessments districts for undergrounding utilities in their areas.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISStON OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby take the following actions with respect to the ongoing process for the
proposed creation of the Sunset Island Nos. 3 and 4 Special Assessment District for
Undergrounding Utilities: 1) approving and allowing the Sunset Islands 3 and 4 HOA to conduct
the election required by the City prior to the City Commission's approval and establishment of
the first Resolution establishing the proposed special assessment district; which election will be
a mail ballot election, conducted by the City Clerk and City Attorney's Office, and which is
estimated to be held sometime in April 2012; and 2) further approving the attached the "SUnset
Islands 3 and 4 Special Assessment District for Undergrounding Utilities Mail Ballot Election
Procedures," which not only sets forth the process and procedures for the aforestated mail
ballot election, but which will also serve as the template for future mail ballot elections in the
329
event of subsequent requests by other HOA's and/or City neighborhoods to proceed with the
creation of special assessment districts for underground utilities in their areas.
PASSED AND ADOPTED this t-flt day of "@6 rlt~., Y , 2012
I
ATTEST:
F:\ATT~R\RESOS..ORD\Sunset Islands 3 and 4 SpecialAsaesament Dlstrk:t Reao ( 2·1-12).doc
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Exhibit "8"
Sample Ballot Question and Instructions
8
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& MIAMI BEACH
CITY OF MIAMI BEACH
OFFICIAL BALLOT
VOTE TO ESTABLISH SUNSET ISLANDS 3 & 4 SPECIAL ASSESS-
MENT DISTRICT TO PAY FOR UNDERGROUNDING OF UTILITIES
QUESTION
SHOULD THE CITY OF MIAMI BEACH ESTABLISH A
SPECIAL ASSESSMENT DISTRICT ON SUNSET IS-
LANDS 3 AND 4 (THE "DISTRICT"} FOR THE PUR-
POSE OF PAYING FOR THE UNDERGROUNDING OF
ELECTRICAL, TELEPHONE, AND CABLE TELEVI-
SION SERVICE UTILITIES (THE "PROJECT"}, WHICH
WOULD RESULT IN AN INDIVIDUAL NOT TO EX-
CEED ASSESSMENT TO EACH BENEFITTED PROP-
ERTY WITHIN THE PROPOSED DISTRICT OF: 1}
$ , PER PROPERTY, PER YEAR,
FOR TEN (10} YEARS, FOR A TOTAL OF
$ ; OR, AT THE OPTION OF
THE PROPERTY OWNER (TO BE MADE AT A LATER
DATE}, 2} A ONE-TIME NOT TO EXCEED PAYMENT
OF $ , WHICH WOULD BE DUE
PRIOR TO COMMENCEMENT OF CONSTRUCTION
OF THE PROJECT ?
CIRCLE ONE
YES [ESTABLISH THE DISTRICT]
NO [DO NOT ESTABLISH THE DISTRICT]
IETiiRNSEALEDBAi:LOTS"BY-iiAil"NO"LATER~---l
! The Official Ballots will be opened on at !
! In the City Clerk's Office, 1700 Convention Center Dr, Miami!
! Beach, Florida 33139 !
l ...................................................... .__,,,,, ... ,_ ........................................................................................................................................... J
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~ MIAMIBE CH
1) CONTENTS:
CITY OF MIAMI BEACH
OFFICIAL BALLOT QUESTION
INSTRUCTIONS
• One "White Envelope" addressed to the City of Miami Beach
• One ballot: "City of Miami Beach Official Ballot"
(Sunset Islands 3 "blue ballot" and 4 "yellow ballot"); AND
• One envelope labeled "BALLOT ENVELOPE."
2) After reading the "Official Ballot" question, on the ballot, circle one of the
appropriate answer: "Yes" or "No."
3) Place voted "Official Ballot" inside the enclosed "Ballot Envelope" and
seal.
4) Insert "Ballot Envelope" into the pre-stamped "White Envelope"
addressed to the City of Miami Beach and seal.
IMPORTANT
Your Ballot Wm Not Be Counted If The As:tYal SUnset Island
prgpertv A;ddress Is Not Listed On The Top Left Corner Of The
"White Envelope" Addressed To The City Of Miami Beach.
5) Write the actual Sunset Island property address in the top left corner of
the "White Envelope."
6) Mail the "White Envelope," or bring it directly to the City Clerk's Office,
located at City Hall, 1700 Convention Center Drive, First Floor, Miami
Beach, no later than---------
7) For questions or replacement ballots contact the City Clerk's Office at
305-673-7411.
Ballot opening will be done on:
Date: Time:---------
Location:-------------------
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