95-21676 RESO
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RESOLUTION NO. 95-21676
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CREATING, SUBJECT TO THE
APPROVAL OF A MAJORITY OF THE AFFECTED PROPERTY OWNERS,
A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD OF ONE (1)
YEAR, TO BE KNOWN AS THE WASHINGTON AVENUE MANAGEMENT
DISTRICT NO.2; PROVIDING FOR THE LEVYING OF SPECIAL
ASSESSMENTS; INDICATING THE LOCATION, NATURE AND
ESTIMATED COST OF THOSE SERVICES WHOSE COSTS IS TO BE
DEFRAYED IN PART BY THE SPECIAL ASSESSMENTS; PROVIDING
THE PORTION OF THE ESTIMATED COST OF THE SERVICES TO BE
PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS: PROVIDING
THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE
MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE
MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL
ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF
THIS RESOLUTION; AND AUTHORIZING RELATED ACTIONS.
WHEREAS, Chapter 170, Florida statutes, as amended, (the Act)
provides that a municipality in Dade county 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
business districts in other municipalities; and
WHEREAS, that certain area of Washington Avenue from Fifth
Street through Sixteenth Street and Espanola Way from Collins
Avenue to Drexel Avenue (the District) falls within the boundaries
of the Art Deco Architectural District which has been placed on the
National Register of Historic Places by the National Trust for
Historic Preservation; and
WHEREAS, the District is a major center of tourism within the
City of Miami Beach, representing an area of significant economic
and employment opportunities within the City and the various
residents and business operators, including merchants, homeowners,
hoteliers and restaurants doing business in the District, as well
as community based organizations, wish to establish a mechanism for
the purpose of stabilizing and improving that area through
promotion, management, marketing and other similar services in
business districts in other municipalities; and
WHEREAS, the recent incidence of crime and related urban
problems in the District and in areas adjacent or approximate to
the District may inhibit the continued economic viability of the
District; and
WHEREAS, the aforementioned individuals have expressed concern
over the level of security, maintenance and related urban problems
in the District and the resultant need for increased security,
maintenance and other measures which would benefit the public
health, safety and welfare through continued patronage and traffic
flow to the District; and
WHEREAS, the proposed services will include increased or new
securi ty, and additional maintenance and related services (the
services); and
WHEREAS, the Mayor and city commission intend to proceed in
accordance with chapter 170, Florida statutes, by creating a
special assessment district to be known as the Washington Avenue
Management District No.2, for the purpose of funding security, and
additional maintenance and related services which will stabilize,
benefit and improve the tourist and economic climate of that
certain area of Washington Avenue from Fifth street through
sixteenth Street and Espanola Way from Collins Avenue to Drexel
Avenue.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City
commission of the city of Miami Beach, Florida, that:
SECTION 1. All findings and recitals contained in
this Resolution are hereby adopted and incorporated herein.
SECTION 2. Special assessments (the
shall be levied in accordance with the provisions of
as described herein, to defray a portion of the
Services.
Assessments)
the Act, and
cost of the
SECTION 3. In accordance with Ordinance No. 92-2782,
adopted by the City on June 17, 1992, it is hereby determined that
the provisions of Ordinance No. 92-2782 shall not apply to the
Assessments levied and imposed pursuant to the provisions of this
Resolution.
SECTION 4. The nature of the Services is set forth
in Exhibit "A", attached and incorporated herein.
SECTION 5. The District upon which the Assessments
shall be levied shall incorporate the total area as set forth in
the map attached and incorporated herein as Exhibit "B", and
reflecting the legal description as set forth in Exhibit "C",
attached and incorporated herein.
SECTION 6. The estimated cost of the Services is
approximately $931,224.00 (Estimated Cost).
SECTION 7. The Assessments will defray approximately
$328,000.00 of the Estimated Cost, the balance thereof to be paid
by the city from other available funds.
SECTION 8. The Assessments shall be made on the
basis of the formula set forth in Exhibit "0", attached and
2
. .
incorporated herein.
SECTION 9. The Assessments shall be levied on all lots
and lands which are specially benefited thereby, and further
designated on the assessment plat referenced below within the
boundary of the District.
SECTION 10. At the time of adoption of this Resolution,
there is on file with the City Clerk, an assessment plat showing
the area to be assessed, a description of the services to be
provided and an estimate of the cost, which is open to inspection
by the public.
SECTION 11. The city Administration is hereby authorized
and directed to cause to be made a preliminary assessment roll, as
promptly as possible, which shall show the lots assessed, the
amounts of benefit to and the Assessments against each lot.
SECTION 12. Assessments shall be payable at the Office of
the Finance Director of the city in one (1) installment on such
date as shall be contained in a bill to be mailed to each property
owner within the District at least thirty (30) days before their
due date. Installments not paid when due shall become due and
payable in accordance with the provisions of the Act.
SECTION 13. Upon completion of the preliminary assessment
roll, the Mayor and City Commission shall adopt a subsequent
Resolution to fix a time and place at which the owners of the
property to be assessed or any other persons interested therein may
appear before the Mayor and city commission and be heard as to the
propriety and advisability of the Assessments or the provision of
the services, the costs thereof, the manner of payment therefor, or
the amount thereof to be assessed against each lot so serviced, all
in accordance with the Act.
SECTION 14. The city Clerk is hereby directed to cause
this Resolution to be published once in a newspaper of general
circulation within the City.
SECTION 15. The city Administration is hereby authorized
and directed to take all actions necessary to carry out the intent
of this Resolution, including any actions in connection with
obtaining the approval of the affected property owners.
3
SECTION 16. This Resolution shall take effect upon its
adoption; provided, however, that if the City does not obtain the
approval of the affected property owners in accordance with the
Act, this Resolution shall be null and void.
PASSED and ADOPTED this
Attest:
Jd.#k
RA:KM
4
day of
FORM APPROVED
LEGAL DEPT.
By TC-0
Date ~ 2..~~5~ ("
Exhibit "A"
SERVICES
Securitv
Security services will be provided with a combination of private
security and the Miami Beach Police Department.
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.
Landscaoe Maintenance and Sianaae
Services will include additional landscape maintenance and the
provision of informational signage within the area.
Manaaement/Ooeratina
Salary and fringe benefits for a manager and support staff who
will be responsible for administering the operations of the
District as well as operating costs.
Estimated Annual Cost
Security
Sanitation
Landscape Maintenance/Signage
Marketing/Promotional
Management
Total
$384,624
228,000
85,000
35,000
198.600
$931,224
Estimated Fundina Allocation
Special Assessment
city - Resort Taxes
Total
$328,000
603.224
$931,224
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Exhibit .C.
Legal Description
Co..ence at the point ot intersection ot the center line ot 5th
Street with the eoutherly extension ot the center line ot Ocean
Court, said point being the POINT OF BEGINNING; thence run
Northerly, along the center line of Ocean Court to the point of
intersection with the southerly extension ot the west line ot Lot
8, as shown in HARRISON AND HAYES SUBDIVISION of the Whitman tract
east ot Collins Avenue in the City ot Mialli Beach, Florida,
recorded in Plat Book 9, at Page 73, Public Records of Dade County,
Florida; thence run northerly, along the southerly extension ot the
above mentioned Lot 8, and through the west line of Lots 8,7,6 and
5 of said HARRISON AND HAYES SUBDIVISION to a point located in the
northwesterly corner of said Lot 5; thence run westerly, along the
north line of Lots 5 and 12 of said HARRISON AND HAYES SUBDIVISION
and the westerly extension of the north line of said Lot 12 to the
point ot intersection with the center line of Collins Avenue;
thence run northerly, along the center line of Collins Avenue to
the intersection with the westerly extension ot the north line of
Lot 19, Block 56, shown in Fisher's First Subdivision of Alton
Beach, recorded 1n Plat Book 2, at page 77, Public Records of Dade
County, Florida; thence run easterly, along the westerly extension
of said Lot 19 and along the northerly line of Lots 19 and 2 of the
above mentioned Block 56 to the northeaat corner of 8aid Lot 2;
thence run southerly, along the east line of Lots 2 and 1 of said
Block 56 and, its southerly extension to a point, said point, being
the northeast corner of Lot 2, Block 77 of the above mentioned
Fisher's First Subdivision of Alton Beach; thence run southerly,
along the east line of Lots 2 and 1 of said Block 77 to a point
located on the north line of Lot I, HARRISON AND HAYES SUBDIVISION
of the Whitllan tract east of Collins Avenue in the city of Miasi
Beach, Florida; thence run southerly, along the east line of Lota
1,2, 3 and 4 of said HARRISON AND HAYES SUBDIVISION to the
southeast corner of said Lot 4; thence run westerly, a10n9 the
south line ot said Lot 4 and its westerly extension to the point of
intersection with the west right-of-way line of Ocean Drive; thence
run southerly, along the west right-of-way line of OCean Drive to
the point of intersection with the center line of 5th Street;
thence run northerly, along the center line of 5th street to the
POINT OF BEGrNNING. Said lands located, lying and being in the
City of Miami Beach, Florida.
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Exhibit "D"
Method of Assessment
The total amount of the special assessment portion of the cost to
fund the Services will be prorated according to the front footage
of the respective commercial and residential properties (lots)
within the District, specially benefited by the Services. Further,
owners of corner properties will be assessed for an additional
twenty five (25) feet of frontage. The assessment for residential
properties such as condominium buildings will also be on a front
footage basis of the respective lots; these assessments shall be
made against the respective management associations.
The estimated annual cost of providing this benefit is $36.85 per
front foot of each property.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECI':
COMMISSION MEMORANDUM NO. /... ::) ~ - cr..<;
Mayor Seymour Gelber and
Memben of the City Commlllllon
DATE: JUly 26, 1995
1
Jooe Garcla-Pedl'Ola ~..
City Manager .
1) A RESOLUTl:g OF THE MAYOR AND Cl:TY COMMl:SSl:ON OF THE
Cl:TY OF Kl:AMl: BEACH, FLORl:DA, CREATl:NG, SUBJECT TO THE
APPROVAL OF A MAJORl:TY OF THE AFFECTED PROPERTY OWNERS,
A SPECl:AL ASSESSMENT Dl:STRl:CT FOR A PERl:OD OF ONE (1)
YEAR, TO BE KNOWN AS THE WASHl:NGTON AVENUE MANAGEMENT
Dl:STRl:CT NO.2; PROVl:Dl:NG FOR THE LEVYl:NG OF SPECl:AL
ASSESSMENTS; l:NDl: CAT l:NG THE LOCATl:ON, NATURE AND
ESTl:MATED COST OF THOSE SERVl:CES WHOSE COSTS l:S TO BE
DEFRAYED l:N PART BY THE SPECl:AL ASSESSMENTS; PROVl:Dl:NG
THE PORTl:ON OF THE ESTl:MATED COST OF THE SERVl:CES TO BE
PARTl:ALLY DEFRAYED BY THE SPECl:AL ASSESSKENTS; PROVl:Dl:NG
THE MANNER l:N WHl:CH SUCH SPECl:AL ASSESSMENTS SHALL BE
MADE; PROVl:Dl:NG WHEN SUCH SPECl:AL ASSESSMENTS SHALL BE
MADE; DESl:GNATl:NG LANDS UPON WHl:CH THE SPECl:AL
ASSESSMENTS SHALL BE LEVl:ED; PROVXDl:NG FOR PUBLl:CATl:ON OF
THXS RESOLUTl:ON; AND AUTHORIZl:NG RELATED ACTIONS.
2) A RESOLUTl:ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF Kl:AMI BEACH, FLORIDA, Fl:Xl:NG A Tl:ME AND PLACE AT
WHICH THE OWNERS.OF PROPERTl:ES SPECIALLY BENEFITTED BY
THE CREATION OF A SPECIAL ASSESSMENT Dl:STRl:CT KNOWN AS
THE OCEAN DRl:VB MANAGEMENT Dl:STRl:CT NUMBER 3, FOR THE
PURPOSE OF FUNDl:NG SECURITY, AND ADDl:Tl:ONAL MAl:NTENANCE
AND RELATED SERVl:CES ON WASHl:NGTON FROK Fl:FTH TO
Sl:XTEENTH STREET AND ESPANOLA WAY FROK COLLl:NS AVENUE TO
DREXEL AVENUE, ALL LYl:NG Wl:THIN THE CORPORATE LIKl:TS OF
THE Cl:TY OF Kl:AMI BEACH, OR ANY OTHER PERSONS INTERESTED
THEREl:N MAY APPEAR BEFORE THE Cl:TY COMMl:SSl:ON OF SAl:D
Cl:TY TO BE HEARD AS TO THE PROPRl:ETY, ADVISABl:Ll:TY AND
COST OF MAKl:NG PROVl:Dl:NG SUCH SERVl:CES, AGAl:NST EACH
PROPERTY SO BENEFl:TED, SUCH HEARl:NG TO BE HELD l:N
ACCORDANCE Wl:TH SECTl:ONS 170.07-170.08 OF THE FLORIDA
STATUTES.
AGENDA ITEM
R-i- E.
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DATE
commission Memorandum - July 26, 1995
Washington Avenue special Assessment
Page 2
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City commission adopt the
attached resolutions to 1) create a special assessment district to
be known as the Washington Avenue Management District Number 2 for
the provision of special services for that area of Washington
Avenue from Fifth to Sixteenth Street and Espanola Way from Collins
Avenue to Drexel Avenue and 2) schedule the required public
hearing.
BACkGROUND:
On July 27, 1994 the city Commission approved the creation of a
special assessment district to provide services to the Washington
Avenue area for a one year period. A proposal to continue the
district for a second consecutive one year period was presented to
the Finance Committee on June 19, 1995. At the direction of the
committee, administrative staff met with representatives of the
district to revise the budget and to discuss alternate sources of
funding in place of the current allocation of city funds.
ANALYSIS:
The Administration proposes that current districts receive funding
from the City for a period of 5 years from inception subject to the
availability of resort tax following priority pledges. In years one
through three the districts would receive the same level of funding
from the City. For the Ocean Drive, Washington Avenue and Lincoln
Road Districts the City currently funds approximately two-thirds of
the total budget for each district.
The level of funding from the City would decline in years four and
five such that funding provided by the City in year four would be
reduced by one-third of the funding level in year three and in year
five the funding level would be a third less than the funding in
year four. There would be no funding provided to the districts by
the City in year 6 and in subsequent years.
Administrative staff and representatives of the districts met on
July 17, 1995 to discuss alternate methods of funding the district
in lieu of city funds. Some potential funding sources suggested by
the districts' representatives include an increase in the service
fees charged by establishments within the districts, funding from
the Greater Miami visitors and Convention Bureau and implantation
and use of sidewalk cafe permit fees on Lincoln Road and Washington
Avenue. Ocean Drive is currently using this revenue source to help
fund its operations. Additional meetings will be held to develop a
plan for these districts to reduce and ultimately eliminate their
dependence on the City to provide funding.
Commission Memorandum - July 26, 1995
Washington Avenue Special Assessment
Page 3
Review of the proposed budget for FY 1995/96 by city staff and the
district manager has produced a six percent or '$50,776 reduction in
city funds necessary to operate the district.
services to be provided to the District for the second consecutive
year are described below.
1) Security - $384,624
The current security detail is provided through the Miami
Beach Police Department and consists of three police officers
and a combination of off-duty police and private security. The
proposed budget includes one part-time sergeant and 2 police
officers, and a reduction in the use of off-duty police and an
increase in the use of private security. These changes will
result in a reduction in the security budget of $20,376.
2) Sanitation - $228,000
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. The cost of
providing this service is $29,425 less than the current year's
projected expenditure.
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) Landscape Maintenance and signage - $85,000
Services will include additional maintenance of median and
swale areas and the provision of informational signage within
the area. This portion of the budget has been reduced by
$35,000. Landscape upgrading was implemented during the first
year of the district's existence. The focus during this year
will be on maintaining the improvements.
4) Marketing and Special Events - $35,000
This a neww item in the FY 1995/96 budget and includes funding
for street festivals and video and other promotional projects
commission Memorandum - July 26, 1995
Washington Avenue Special Assessment
Page 4
5) Management/OVerhead - $198,600
This portion of the budget includes the cost of a manager and
a part-time assistant ($76,000), fringe benefit costs for all
employees ($85,875) and associated operating costs such as
rent, office supplies and telephone services ($26,725). There
is a $2,975 reduction in this category.
Budqet summary
Estimated Annual Cost
Security
Sanitation
Landscape Maintenance/Signage
Marketing/Promotion
Management/Overhead
Total
$384,624
228,000
85,000
35,000
198.600
$931,224
Estimated Fundina Allocation
Special Assessment
City - Resort Taxes
Total
$328,000
603.224
$931,224
Attached for your information is the two year expenditure and
budget history for this district.
Assessment
The total amount of the special assessment to fund these services
is $328,000. 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 benefited by these
services. Assessable front footage of corner properties will
include an additional 25 feet. The assessment for residential
properties such as condominium buildings will also be on a front
footage basis of the respective lots; these assessments shall be
made against the respective management associations.
other Funding
The City will fund the balance of costs for these services from the
proceeds of Resort Tax ($603,224).
Blections
commission Memorandum - July 26, 1995
washington Avenue special Assessment
Page 5
The Dade County Elections Department will conduct an ballot of the
affected property owners in order to determine the required
majority approval for creation of the district.
Management Contract
A three year agreement is currently in place with the Miami Beach
Development Corporation, to provide for sanitation, landscape
maintenance, signage and management services within the district.
Police officers providing services to the district will be managed
by the Miami Beach Police Department. Private security will be
administered by the district's management.
CONCLUS:J:ON:
The City commission should adopt the attached resolutions in order
to make the final determination on the special assessment levy.
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Proposed Budget for Washington District Services
1995/1996
Security
Two "On Duty" MBPD officers
plus 112 of sergeant
"Off Duty" extra police for evenings
140 hrs plus shift costs
Private Security Officers
144 hr per wk @ $14
Sanitation
395 hrs. per week @ $9.00
(10 people)
Supplies and Materials
Uniforms,
Other
Landscape, Maintenance
Signage, & Planting,
Labor for general maintenance
Supervisor @ 25,000
Outside labor @ 20,000
$126,440
$153,088
$105,096
$185,000
$16,000
$12,000
$15,000
$40,000
$45,000
$384,624
$228,000
$85.000
Associated Overhead Costs
FICA
$22,575
$28,700
$10,500
$24,100
$16,225
Health Insurance
Unemployment Insurance
Workmen's Compensation
Secretarial & Audit Support
Marketing & Special Events
Street Festival, Seasonal Decorations, & Promotion
Management
Staff: Operations Manager
plus assistant
Office Supplies
Rent
$76,000
$4,000
$6,500
$10,000
Telephone, Beepers, & radios
Total Budget
Sources of Funds
City of Miami Beach
Special Assessment
603,224
328,000
Total Available
$931,224
$102,100
$35,000
$96,500
$931,224