95-21488 RESO
RESOLUTION NO.
95-21488
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING THAT
CAPITAL IMPROVEMENTS BE PROVIDED PURSUANT TO THE
CREATION OF THE NORTH SHORE STREETSCAPE IMPROVEMENT
DISTRICT, AS DECLARED BY RESOLUTION NO. 94-21437,
ADOPTED ON DECEMBER 21, 1994, AND FURTHER LEVYING
SPECIAL ASSESSMENTS AGAINST PROPERTIES IN THE
DISTRICT BENEFITTED THROUGH THE CREATION OF THE
IMPROVEMENTS, 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 making
public improvements; and
WHEREAS, on December 21, 1994, by Resolution No" 94-21437, the
Mayor and City Commission of the City of Miami Beach, Florida,
declared the creation of a special assessment district known as the
North Shore Streetscape Improvement District, for that area of
North Beach generally described as Collins Avenue, from 59th Street
to 76th Street; Ocean Terrace area, from 73rd Street to 75th
Street; and 71st Street - Normandy Drive, from the ocean to Rue
Notre Dame (District), for the provision of those certain public
improvements as set forth in Exhibit "A" of Resolution No. 94-21437
(Improvements), attached and incorporated as Exhibit No.1, 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, and the number of annual
installments in which the assessments are divided, all as required
by the Act; and
WHEREAS, pursuant to Resolution No. 94-21438, the Mayor and
City Commission held a public hearing on February 1, 1995 to hear
testimony from all property owners and any other interested persons
regarding the propriety, advisability and cost of making the
Improvements in the District; and
WHEREAS, all affected property owners have received
appropriate notice of the public hearing, as prescribed by the Act;
and
WHEREAS, all complaints, comments and objections by interested
persons and affected property owners were received at the hearing
and thereafter treated on the basis of justice and right, as
reflected herein with regard to the Improvements and the
assessments"
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City
Commission of the City of Miami Beach, Florida:
Section 1:
adopted and
ordered the
District is
Improvements
All recitals contained in this Resolution are hereby
incorporated herein. Resolution No. 94-21437, which
creation of the North Shore Streetscape Improvement
confirmed and it is hereby determined that the
set forth be provided to the District.
Section 2: A final assessment roll shall be filed forthwith in
the Office of the City Clerk in accordance with this Resolution and
the 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 are made, until paid.
These 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 1st day of February, 1995.
~ d- f Cv-J...---
CITY CLERK
RM APPROVED
LEGAL DEPT.
ATTEST:
C:\WPWIN60\WPDOCS\RESOLUTN\NOSHORE.SCP
By
:fey
Date
/
1- 2(":)'~_.
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~
FROM:
Mayor Seymour Gelber and
Members ofthe City Commission
RogerM. carlto~
City Manager
DATE:
February 1, 1995
TO:
SUBJECT:
APPROVAL OF 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 NORTH SHORE STREETS CAPE
IMPROVEMENT DISTRICT, AS DECLARED BY RESOLUTION
NO. 94-21437 ON DECEMBER 21, 1994; AND FURTHER LEVYING
SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT
BENEFIlTED BY THE PROVISION OF SUCH SERVICES, IN
ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED
FORTHWITH WITH THE CITY CLERK.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the above captioned
resolution which determines that certain services be provided and levies special assessments
against properties in the North Shore Streetscape Improvement District to be benefitted by
the provision of such services.
BACKGROUND
On December 21, 1994, the City Commission adopted Resolution No. 94-21437, creating a
Special Assessment District to be known as the North Shore Streets cape Improvement
District. At that time the assessment formula, district's boundaries, services and
improvements to be provided, related budgets and preliminary assessment rolls were
established. In legal compliance with Chapter 170 of the Florida State Statute, notices of the
final hearing, including assessment information, were mailed to all property owners of record
on Friday, January 13, 1995.
The North Beach Development Corporation has been working closely with the City of Miami
Beach to develop a comprehensive plan for the overall redevelopment and revitalization of
the North Beach area.
AGENDA ITEM F\ - 3-- E
DATE~
Commission Memorandum
Page 2
February 1, 1995
The "North Shore Revitalization Plan" was published in March of 1986. As a result of this
publication an extensive planning phase and public information process was undertaken for
the North Shore Public Area Capital Improvements Project, which has now come to be
known as the foundation and plan for the proposed North Shore Streetscape Improvements
District herein. The Administration and City Staff have worked closely with the North Beach
Development Corporation and the business and residential community affected in the area.
In December 1990, after a competitive selection process, the City Commission entered into
a contract with the consulting firm of Kimley-Horn & Associates, Inc. to develop, under
Phase I, a conceptual streetscape plan graphically depicting the locations of sidewalk, curb,
gutter, street furniture, lighting and other miscellaneous items"
On April 22, 1992, the Mayor and the City Commission of the City of Miami Beach, Florida
approved Resolution No. 92-20495 allowing for the reimbursement of expenses incurred on
behalf of the North Shore Area Improvements Project from the proceeds of debt to be
incurred by the City; up to a maximum reimbursable amount of $10 million.
On November 4,1992, the City Commission approved, under Resolution No. 92-20657, Phase
II (Final Design) of the project consisting of the preparation of final construction plans and
specification documents.
On January 20, 1993, the City Commission approved Resolution No. 93-20699 ordering the
acquisition, construction and installation of the North Beach Streets cape Improvement Project
to address traffic flow, drainage, signage, alley lighting and greenery to create an attractive
environment which should provide enhanced property values, economic stimulus and
investment, enhanced infrastructure, an improved retailing and business environment, and
enhance the image and character of the North Beach area.
While it was the City's original intention, in the adoption of Resolution No. 93-20699, to
proceed with the creation of such a District under the City's Home Rule Ordinance, it has
now been determined by the Administration, the City Attorney's Office, and Bond Counsel
that, in order to provide consistency with the creation of similar districts as currently in
existence on Ocean Drive and Lincoln Road, and to be able to use the same financing
mechanism as is being used in the Lincoln Road Capital Improvements District No.1, that
the City repeal Resolution No. 93-20699 and herein proceed with the creation of the District
pursuant to Chapter 170 of the Florida Statutes.
Initially, this project was being developed under a City Home Rule Ordinance" As a result
of litigation concerning the use of Home Rule Ordinances for special assessments by the City
of Boca Raton, it was decided that this project should be developed under the provisions of
Florida Statute Chapter 170; however, in order to proceed under Chapter 170, the City had
to get the State Legislature to amend Chapter 170 to broaden the eligible project components
thereunder. The foregoing resulted in substantial time delays.
Commission Memorandum
Page 3
February 1, 1995
Various improvements were additionally authorized by the City Commission after approval
of Phase II, including the following:
· Stormwater Improvements
Signal Modifications
Design of Ocean Terrace Park
Sanitary Sewer Evaluations and Improvements
Redesign of Ocean Terrace from 73rd Street to 75th Street
Acquisition of required Permits
Beach Portals
Design of Electrical circuits for ornamental and special events lighting
Water Main Improvements
Traffic Capacity Analysis north of 75th Street
Submittal Preparation of National Pollution Discharge Elimination System Permit
(NPDES) Acquisition
Extension of Project Limits north to 76th Street and South to Indian Creek Drive
Phase II (Final Design) has been completed in accordance with the contract documents. The
Project Cost Estimate, Plans, Specifications for Construction and the Preliminary Assessment
Roll have been filed with the City Clerk by the Director of Public Works.
ANALYSIS
The Project is estimated to have a design and construction cost of $14.8 Million. Additional
expenses have been incurred by the City, such as permitting fees, advertisement expenses, tax
roll preparation, bond counsel fees, water meter boxes, painting of mast arm assemblies and
municipal bond insurance expenses. These expenses are legally assessable. Administrative
expenses as well as interest during construction incurred by the City are also legally
assessable. The total cost of the project, including these fees, is estimated to be $18,250,000
as follows:
Construction and Design
Interest During Construction
Public Works Administrative Fees
Billing Administrative Fees
Maintenance of Traffic
Expenses Previously Incurred
Relocation of FPL facilities
On-Site City Inspector
Total
$14,800,000
2,250,000
250,000
250,000
250,000
250,000
100,000
100"000
$18,250,000
Commission Memorandum
Page 4
February 1, 1995
The FDOT, under the Joint Participation Agreement which was authorized by Resolution
No. 92-20686 on December 16, 1992, is currently being amended to provide for progress
payments during the construction period, will provide $6,213,000 of the project cost. The City
for its participation in the basic levels of service provided to all residents plus the work to be
done on the water, sewer and storm water systems will fund $4,695,369. This leaves the value
of the special benefit to the property owners in the District, $7,341,631, to be assessed. These
sources total the complete anticipated project cost of $18,250,000.
The Special Assessment District's share of these costs will be assessed to the 2,061 abutting
property owners at a rate of $285 per front linear foot payable over twenty years at an 8%
interest rate. Corner properties with frontage on two streets to be improved will be assessed
at a 100% rate on the larger frontage and at 50% on the secondary frontage. Properties with
multiple ownership (i.e. condominiums) will be assessed based on percentage of ownership
in the same manner as ad-valorem property taxes are assessed. Each property owner will be
billed separately.
The combined project cost to the City and the District of $12 million has been financed
through a loan from the Sunshine State Municipal Loan Pool. The State will fund its share
of the costs with progress payments billed to FDOT. The repayment of the City's share of
the project will come from the Gas Tax funds, Water/Sewer funds and Storm Water funds.
Costs of the project not fundable from these revenues, if any, will be paid out of the General
Funds non-ad valorem revenues. The City will be paid back for the advance of the funding
cost of the project by the property owners in the District at the $285 per front linear foot rate
which is the subject of this public hearing"
The project consultants, Kimley-Horn and Associates, Inc., and bond counsel, Squire, Sanders
& Dempsey, will make a presentation at the City Commission Public Hearing meeting.
MAINTENANCE OF 1RAFFIC
In order to minimize the impact of this two year construction project on the community, a
maintenance of traffic plan will be included with the bid documents. The plan was presented
before the North Beach Development Corporation directors at their January 23, 1995
meeting. The maintenance of traffic plan will be deliberated by the North Beach
Development Corporation in a public meeting long before its implementation occurs.
Commission Memorandum
PageS
February 1, 1995
CONCLUSION
It is appropriate for the City of Miami Beach to provide basic infrastructure improvements
for this project as well as the assessment for the municipal property within the project
boundary. This innovative approach will ensure that this North Shore Streetscape
Improvement District effort creates long-term success.
The Mayor and the City Commission should adopt the attached resolution in accordance with
the final assessment roll to be filed forthwith with the City Clerk.
RMC/VOA/DR/RDR
Attachment
C:\rdr\ em \ hearingl.feb