HomeMy WebLinkAboutResolution 2025-33967RESOLUTION NO. 202533967
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ENDORSING THE CREATION BY
MIAMI-DADE COUNTY OF A SPECIAL TAXING DISTRICT FOR THE
WEST SIDE OF PALM ISLAND FOR THE UNDERGROUNDING OF
OVERHEAD FRANCHISE UTILITIES (AT&T AND BREEZELINE),
SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH AND
SATISFACTION OF THE REQUIREMENTS FOR THE CREATION OF
SPECIAL TAXING DISTRICTS, AS SET FORTH IN CHAPTER 18 OF
THE MIAMI-DADE COUNTY CODE.
WHEREAS, in early 2025, the Palm -Hibiscus Islands Homeowners Association ("HOA")
approached Miami -Dade County ("County") to request the creation of a special taxing district to
fund the undergrounding of overhead franchise utilities (AT&T and Breezeline) on the west side
of Palm Island (the "Project") (altogether, the "District'); and
WHEREAS, Florida Power & Light ("FPL") is expected to provide underground residential
electrical service on the west side of Palm Island at no cost to homeowners within the next few
years under its Storm Secure Underground Program ("SSUP"); accordingly, the District will not
be used to fund the underground conversion of overhead electric utilities; and
WHEREAS, the Bond Administration Division of the County Finance Department has
advised the City that the Project capital is not sufficient to be covered by bonds secured by the
County, and recommended that a project of this size would instead benefit from a different
financing mechanism such as a construction loan from a bank to the City or other financing to be
secured by the City and repaid by affected property owners through special assessments: and
WHEREAS, the proposed District will be created by the County, while the City will be
responsible for advancing the funding, collecting the special assessments, and overseeing the
completion of the Project; and
WHEREAS, Section 18-2 of the Miami -Dade County Code provides, in pertinent part, that
no special taxing district created pursuant to Chapter 18 "shall be comprised solely of a
municipality or embrace all or part of a municipality without the approval of the governing body of
such municipality"; and
WHEREAS, the prior approval of the Mayor and City Commission is required before the
County will formally consider the creation of the District; and
WHEREAS, the HOA has requested that the City provide the requisite approval by
adopting this Resolution; and
WHEREAS, upon the Countys successful creation of the District, the City and the County
would need to enter into an interlocal agreement providing for the County to transfer control of
the District to the City, and requiring the City to secure financing for upfront costs and manage the
construction of the Project; and
WHEREAS, in addition to the proposed Resolution, the County Code requires that either
the County Mayor or 50 percent of the property owners within the proposed District sign a petition
requesting the establishment of the special taxing district; and
WHEREAS, upon receipt of such petition, the County Clerk shall transmit a copy to the
County Mayor, who shall examine the petition and file a written report with the Clerk; and
WHEREAS, if the County Mayor finds that the petition meets the requirements of Chapter
18, the County Mayor shall conduct a cost and feasibility study and prepare a report that meets
the specific requirements set forth in Section 18-3(c) of the County Code; and
WHEREAS, once the report is finalized, the County Clerk shall set a public hearing for the
Board of County Commissioners to hear testimony, consider any objections, and determine
whether to grant the petition to create the District; and
WHEREAS, following the public hearing, if the Board of County Commissioners decides
to grant the petition, it shall adopt an ordinance establishing the District; and
WHEREAS, the City will finance the upfront costs associated with the Project and levy
and collect the special assessments; and
WHEREAS, it is anticipated that the City will manage the construction of these
improvements; and
WHEREAS, the total cost of the Project will be based on binding cost estimates from the
franchise utilities, County fees associated with the District and the Project, the City's financing
costs and administrative fees, as well as construction administration costs.
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 endorse, as required pursuant to section 18-2 of the Miami -Dade County Code, the
creation by Miami -Dade County of a Special Taxing District for the west side of Palm Island for
the undergrounding of overhead franchise utilities (AT&T and Breezeline), subject to and
contingent upon compliance with and satisfaction of the requirements for the creation of Special
Taxing Districts, as set forth in Chapter 18 of the Miami -Dade County Code.
PASSED and ADOPTED this /7 day of OeKA'+Aer , 2025.
<�s
N
-Steven Meiner, Mayor
ATTEST
DEC 2 Z 2025
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
�2P2S
City Qk Date
Resolutions - C7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ENDORSING THE CREATION BY MIAMI-DADE
COUNTY OF A SPECIAL TAXING DISTRICT FOR PALM ISLAND (WEST) FOR
THE UNDERGROUNDING OF OVERHEAD FRANCHISE UTILITIES (AT&T AND
BREEZELINE), SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH
AND SATISFACTION OF THE REQUIREMENTS FOR THE CREATION OF
SPECIAL TAXING DISTRICTS, AS SET FORTH IN CHAPTER 18 OF THE MIAMI-
DADE COUNTY CODE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the Resolution.
On May 13, 2009, the City Commission adopted Resolution No. 2009-27065, approving the
creation of special taxing districts for Palm and Hibiscus Islands. The Resolution required further
action by the property owners in order to finalize the special taxing district, including the
requirement that 50%of the property owners within the proposed district sign a petition requesting
the creation of the special taxing district. This requirement was unsuccessful for the west half of
Palm Island and the special taxing district for undergrounding utilities in that area was never
created.
On November 9, 2016, the City Commission adopted Resolution No. 2016-29643, approving the
creation of special taxing districts for Palm Island. The Resolution again required further action
by the property owners in order to finalize the special taxing district, including the requirement
that 50% of the property owners within the proposed district sign a petition requesting the creation
of the special taxing district. Again, this requirement was unsuccessful for the west half of Palm
Island and the special taxing district for the undergrounding of utilities in that area was never
created.
In early 2025, the Palm -Hibiscus Islands Homeowners Association (HOA) approached Miami -
Dade County (County) for the creation of a special taxing district for the funding necessary to
underground overhead franchise utilities (AT&T and Breezeline) on the west side of Palm Island
(the 'District"). Overhead utility lines on the east side of Palm Island have already been
undergrounded. In contrast to the previous occasions, FPL is being excluded from the
undergrounding since they are expected to provide underground residential electrical service at
no cost to homeowners within the next couple of years under their Storm Secure Underground
Program (SSUP).
On June 27, 2025, the County confirmed that the Bond Administration of the County Finance
Department stated that the required funding was not sufficient to be covered by bonds secured
by Miami -Dade County. They recommended that a project of this size would benefit from a
853 of 3458
financing mechanism where the City would get a construction loan from a bank or provide internal
financing.
ANALYSIS
As the County will not fund the improvements, the County would establish the special taxing
district, while the City of Miami Beach would be responsible for advancing the funding and
collecting the assessments. Additionally, the City would oversee the successful completion of the
undergrounding project.
Section 18-2 of the Miami -Dade County Code provides that no special taxing district created
pursuant to Chapter 18 "shall be comprised solely of a municipality or embrace all or part of a
municipality without the approval of the governing body of such municipality." As such, the prior
approval of the City Commission is required before the County may create the requested special
taxing district.
In addition to the Resolution, pursuant to Chapter 18 of the County Code, the Miami -Dade County
Code requires that either the County Mayor or 50 percent of the property owners within the
proposed District sign a petition requesting the establishment of the special taxing district. Upon
receipt of such petition, the County Clerk shall transmit a copy to the County Mayor, who shall
examine the petition and file a written report with the Clerk. If the County Mayor finds that the
petition meets the requirements of Chapter 18, the County Mayor shall conduct a cost and
feasibility study and prepare a report that meets the specific requirements set forth in Section 18-
3(c) of the County Code. Once the report is finalized, the County Clerk shall set a public hearing
for the Board of County Commissioners to hear testimony, consider any objections, and determine
whether to grant the petition to create the districts. Following the public hearing, if the Miami -Dade
County Board of County Commissioners decides to grant the petition, it shall adopt an ordinance
establishing the District.
Upon the County's successful establishment of the District, the City and Miami Dade County will
need to enter into an interlocal agreement. Under this agreement, the City will finance the
improvements, manage construction, and levy and collect the special assessments from the.
residents in the District. The total cost of the project will include the cost of the work as detailed
in the franchise utilities binding estimates, Miami -Dade County fees, the City's financing and
administrative fees and construction administration costs.
FISCAL IMPACT STATEMENT
The City of Miami Beach will fund the Project costs of the project and levy and collect the special
assessments from the residents in the District. The total cost of the Project will include the cost of
the work as detailed in the franchise utilities binding estimates, Miami -Dade County fees, the
City's financing and administrative fees and construction administration costs.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: hftps://www.miamibeachfl.nov/city-halllcityclerkimeeting•notices/
FINANCIAL INFORMATION
854 of 3458
CONCLUSION
The Administration recommends that the City Commission adopt the Resolution.
Applicable Area
South Beach
Is this a 'Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-177 Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481.
includes a principal engaged in lobbyina? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Capital Improvement Projects
Sponsor(s)
Co-sponsors)
Condensed Title
Special Taxing District, Palm Island Undergrounding of Utilities (AT&T/Breezeline). CIP
Previous Action (For City Clerk Use Onlyl
855 of 3458