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96-22225 RESO . RESOLUTION NO. 96-22225 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 WASHINGTON AVENUE MANAGEMENT DISTRICT NO.3, AS DECLARED BY RESOLUTION NO. 96-22192 ADOPTED ON NOVEMBER 6,1996, 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 November 6, 1996, by Resolution No. 96-22192, the Mayor and City Commission of the City of Miami Beach, Florida, declared the creation of a special assessment district known as the Washington Avenue Management District No.3, for that the area along Washington Avenue from Fifth Street to Sixteenth Street, including Espanola Way and the side streets to Collins Court (east) and Drexel Avenue (west), for the provision of those certain services, as set forth in Exhibit "A", attached and incorporated (Services), all in accordance with the applicable provisions ofthe 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 mail ballot election finalized within the District on December 2, 1996, 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 November 6, 1996, by Resolution No. 96-22193, the Mayor and City Commission scheduled and thereafter held a public hearing on December 4, 1996, 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. 96-22192, which ordered the creation of the Washington Avenue Management District Number 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 4th day of December ,1996 ATTEST: CITY CLERK MAYOR aq: APPROVED /ItS TO fOW & LANGUAGE & FOR EXECUTION ~ I1-U""'t: Dale Exhibit "A" Services to be provided for FY 961Vl Washington A venue Commercial Business Improvement District 1) Security - 243,440 Sec~ty detail is provided through off-duty police, reflecting the elimination of on-duty police from the District budget Off-duty police are scheduled to compliment on-duty police schedules to ensure 24-hour police coverage for the District 2) Sanitation - 320,732 Service will include existing street and gutter sweeping, graffiti removal. alley cleaning, and sidewalk and gutter pressure washing. Additional services assumed by the District will include the street and sidewalk sweeping, currently provided by the City of Miam; Beach, as well as trash and litter pickup and disposal. 3) Landscaping - 85,013 Service will include working with the City of Miami Beach to maintain landscaping in the District. The City will continue to provide baseline services of mowing, tree trimming, and landscape m:ll;ntf'n:llnce. Additionally, District funding may be provided for small capital improvements to implement projects resulting from the CUItent Wa.!i:h;ngton Avenue Master Plann;ng process. 4) Marketing - $107,280' Marketing program will include promotion and advertising projects including banners, cooperative advertising, television commercials, and other activities to promote bl1.~ne$s within ~ District 5) Supervision - $106,580 Operating expenses including salary and benefits for a District tvbn:llger and support staff who will be responsible for lIdm;n;"lterlng the operations of the District. 6) Adm;n;stration - $20,000 Rent, office supplies, telephones, ftn:mri;d and audit services for the . District. Administration will be' provided by Miami Beach . Development Cotporation. " CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI 'BEACH COMMISSION MEMORANDUM NO. '15:s-Cfl.:. TO: Mayor Seymour Gelber and Memben 01" the City Commission DATE:-December4,1996 FROM: J_ Carcla-Pedrosa City Manaller NT LEVY: WASmNGTON AVENUE MANAGEMENT SUBJECf: SPECIAL ASSES DISTRICT ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolution levying a special assessment in a district to be known as the Washington Avenue Management.District Number Three, encompassing the area along Washington Avenue from Fifth Street to Sixteenth Street, including Espanola Way and the sidestreets to Collins Court (east) and Drexel Avenue (west). BACKGROUND: Property owners along Washington Avenue from Fifth Street to Sixteenth Street, including Espanola Way and the sidestreets to Collins Court (east) and Drexel Avenue (west), have requested a higher level of services. This memorandum anticipates that at a mail ballot election to be finalized within the District on December 2, 1996, a majority of the property owners will vote to support the creation of the special assessment district to provide security, maintenance, and related services. The attached resolution provides for the creation of the Washington Avenue Management District Number 3, for services as described below. 1) Security - $243,440 Security detail is provided through off -duty police, reflecting the elimination of on-duty police from the District budget. Off-duty police are scheduled to complement on-duty police schedules to ensure 24-hour police coverage for the District. 2) Sanitation. $320,732 Service will include existing street and gutter sweeping, graffiti removal, alley cleaning, and sidewalk and gutter pressure washing. Additional services assumed by the District will include the street and sidewalk sweeping, currently provided by the City of Miami Beach, as well as trashllitter pickup and disposal. . ACENDA ITEM ~ '7 A. DATE~ 3) Landscaping. $85,013 Service will include working with the City of Miami Beach to maintain landscaping in the District. The City will continue to provide baseline services of mowing, tree trimming, and landscape maintenance. Additionally, District funding may be provided for small capital improvements to implement projects resulting from the current Washington Avenue Master Planning process. 4) Marketing - $107,280 Marketing program will include promotion and advertising projects including banners, cooperative advertising, television commercials, and other activities to promote business within the District. 5) Management/Supervision - $106,580 Operating expenses including salary and benefits for a District Manager and support staffwho will be responsible for administering the operations of the District. 6) Other Administration - $20,000 Includes rent, office supplies, telephones, financial and audit services for the District. Administration will be provided by the Miami Beach Development Corporation. ANALYSIS: Estimated Annual Cost Security $243,440 Sanitation 320,732 Landscaping 85,013 Marketing 107,280 Management/Supervision 106,580 Other Administration 20.000 Total $883,045 '. Estimated Funding Allocation Special Assessment $328,000 City - Resort Taxes 435,280 City - General Fund 119.765 Total $883,045 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 footage. 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. CONCLUSION: Immediately 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 and subject to all legal requirements of Chapter 170, Florida Statutes. JGP:~ CITY OF MIAMI BEACH NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, on Wednesday, December 4, 1996, at the time listed below, in the Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida: AT 11:00 A.M., to hear public input concerning the creation of a Special Assessment District for a period of one (I) year to be known as the Washington Avenue Management District No.3. The legal description of the area upon which the Assessments shall be levied is as follows: Commence at the point of intersection of the centerline of Fifth Street with the centerline of Washington Avenue, said point being the POINT OF BEGINNING, thence run west to the southwest comer of the property at 516 Washington Avenue, thence northerly along the west boundaries of all parcels of property with addresses on Washington Avenue, including the property at 405 Espanola Way to the point of the centerline of 16th Street, thence east to the northeast comer of the property at 1581 Washington, thence south along the eastern boundaries of all parcels of property with addresses on Washington Avenue to the intersection of Collins Court and Espanola Way and continuing south on Collins Court to the centerline of 5th Street, then west to the POINT OF BEGINNING. Said lands located, lying and being in the City of Miami Beach, Florida. All documents regarding the creation of these two districts, including the assessment plats showing the areas to be assessed; plans and specifications; an estimate of the cost of the proposed services, and the Preliminary Assessment Rolls, showing the lots and lands assessed and the amount of the benefits to and the assessments against each lot or parcel of land, are available for inspection at the Office of the City Clerk Miami Beach City Hall, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida (305) 673-7411. All interested parties are invited to attend and will be heard concerning these items. Inquiries concerning this item should be directed to the City's Development, Design and Historic Preservation Services Department at 673-7193. Robert E. Parcher, City Clerk City of Miami Beach IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING SPECIAL ACCOMMODATION TO PARTICIPATE IN TInS PROCEEDING SHOULD CONTACT THE CITY CLERK'S OFFICE NO LATER THAN FOUR DAYS PRIOR TO THE PROCEEDING, TELEPHONE (305) 673- 7411 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS, (800) 995-8871 (TOO) OR (800) 955.8770 (VOICE), FOR ASSISTANCE. "Pursuant to Fla. Stat. 286.0105, the City hereby advises the public that; If a person decides to appeal any decision made by this board, agency or commission with respect to any matter considered at its meeting or hearing, he will need a record of the proceedings, and that for such purpose, affected persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law." 171