Miami-Dade Legislative Item
File Number: 081033
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File Number: 081033 File Type: Ordinance Status: In Committee
Version: 0 Reference: 08-60 Control: Board of County Commissioners
File Name: GRAND BAY DORAL MULTIPURPOSE MAINTENANCE Introduced: 4/3/2008
Requester: Public Works Department Cost: Final Action: 5/20/2008
Agenda Date: 5/20/2008 Agenda Item Number: 5C
Notes: ORDINANCE TOBE TYPED BY CAO-EG Title: ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS GRAND BAY AT DORAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE
Indexes: SPECIAL TAXING DISTRICT
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/20/2008 5C Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote.

Board of County Commissioners 4/22/2008 Tentatively scheduled for a public hearing Board of County Commissioners 5/20/2008

Board of County Commissioners 4/22/2008 4C Adopted on first reading 5/20/2008 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners on May 20, 2008, at 9:30 a.m.

County Attorney 4/4/2008 Assigned James K. Kracht 5/13/2008

County Manager 4/3/2008 Assigned County Attorney 4/22/2008
REPORT: PWD(PH-5/20/2008,COPY OF PETITION & ATTACHMENT,COPY OF FP&L RATE SCHEDULE NO. SL-1 & STRETT LIGHTING AGREEMENT FORM,COPY OF MEMO FROM DPZ,DISTRICT BOUNDARY MAP)

County Manager 4/3/2008 Assigned Ysela Llort 4/3/2008

Legislative Text


TITLE
ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS GRAND BAY AT DORAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE

BODY
WHEREAS, the Miami-Dade County Home Rule Amendment to the Florida Constitution (Article VIII, Section 6) grants to the electors of Miami-Dade County power to adopt a home rule charter of government for Miami-Dade County, Florida, and provides that such charter may provide a method for establishing special taxing districts and other governmental units in Miami-Dade County from time to time; and
WHEREAS, the Home Rule Charter adopted by the electors of Miami-Dade County on May 21, 1957, provides that the Board of County Commissioners, as the legislative and governing body of Miami-Dade County, shall have the power to establish special purpose districts within which may be provided essential facilities and services, including landscape improvement and maintenance programs and street lighting, and that all funds for such districts shall be provided by service charges, special assessments, or general tax levies within such districts only, and that the County Commission shall be the governing body of all such districts; and
WHEREAS, pursuant to such provisions of the Florida Constitution and the Home Rule Charter, the Board of County Commissioners duly enacted Chapter 18 of the Code of Miami-Dade County, Florida, providing for the creation and establishment of special taxing districts and prescribing the procedures therefore; and
WHEREAS, in accordance with the provisions of Chapter 18 of the Code of Miami-Dade County, Florida, a petition for the creation of a special taxing district to be known as the GRAND BAY AT DORAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT duly signed by 100% of the owners (developer/petitioner) of property within the proposed district, was filed with the Clerk of the County Commission. Such petition prayed for the creation and establishment of a special taxing district for the purpose of providing maintenance of the landscaped and park areas (Tracts B, C, E, F, H through K, N, O, Q through S, U through W, Y, Z, C1, E1 through J1, L1 through Y1, A2, E2 through M2), conservation areas (Tracts D, G, A1, and K1), private walkways (Tracts L, M, P, T, X, B2, C2, and O2), and ingress/egress (Tracts A, Z1, and D2), swales, and the exterior faces of any fencing or walls and street lighting services located within the public domain to be financed solely by means of special assessments levied and collected within the area therein and hereinafter described; and
WHEREAS, upon receipt of such petition the Clerk of the County Commission transmitted a copy thereof to the County Manager who examined it and filed a written report with the Clerk certifying that such petition was sufficient in form and substance and signed and properly presented in accordance with the requirements of Chapter 18 of the Code of Miami-Dade County, Florida; and
WHEREAS, the County Manager, after making appropriate investigations, surveys, plans and specifications, compiled and filed with the Board of County Commissioners his written report and recommendations setting forth the boundaries of the proposed special taxing district, the location, nature and character of the multipurpose maintenance programs and street lighting services to be provided within the proposed district, an estimate of the cost of maintaining and operating such improvements and/or services, his certification that the proposed district improvements and multipurpose maintenance programs and/or services conform to the master plan of development for the County, and setting forth his recommendations concerning the need for and desirability of the requested district, the ability of the affected property to bear special assessments to fund the cost of maintaining and operating such improvements and multipurpose maintenance programs and/or services, and an estimate of the amount to be assessed against each square foot for landscape and other maintenance programs and each front foot for street lighting services of the benefited property within the proposed district, and expressing his opinion that the property to be specially assessed will be benefited in excess of the special assessments to be levied, and the County Manager attached to such report and recommendations a map or sketch showing the boundaries and location of the proposed district. Such "Report and Recommendations" of the County Manager was filed with the Clerk and transmitted to the Chairman; and
WHEREAS, it appearing to the Board of County Commissioners from such report of the County Manager and other investigations that the district petitioned for would be of special benefit to all property within the proposed boundaries and that the total amount of the special assessments to be levied would not be in excess of such special benefit; the Clerk of the Board will certify the place, date and hour for a public hearing on the petition of the property owners and the report and recommendations of the County Manager -- said hearing will be held on Tuesday, . Copies of the notice of the public hearing will be duly published in newspapers of general circulation published in Miami-Dade County, Florida, and copies thereof will be posted in not less than five (5) public places within the proposed district, and copies thereof will be mailed to all owners of taxable real property within the boundaries of the proposed district as their names and addresses appear on the latest Miami-Dade County Real Property Tax Roll; and
WHEREAS, pursuant to said notice, the Board of County Commissioners on Tuesday , will hold a public hearing, at which all interested persons will be afforded the opportunity to present their objections, if any, to the creation and establishment of the proposed special taxing district; and
WHEREAS, the Board of County Commissioners, upon review and consideration of the report and recommendations of the County Manager and the views expressed by the property owners within the proposed special taxing district, has determined to create and establish such special taxing district in accordance with the report and recommendations of the County Manager, and the provisions of Chapter 18 of the Miami-Dade County Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. In accordance with the provisions of Chapter 18 of the Code of Miami-Dade County, Florida, a special taxing district to be known and designated as the GRAND BAY AT DORAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT is hereby created and established in the City of Doral, Florida.

Section 2. The area or boundaries of this proposed special taxing district are as follows:
A portion of Section 8, Township 53 South, Range 40 East, Miami-Dade County, Florida; being more particularly described as follows:

Commence at the northwest corner of said Section 8; thence N 89° 39' 28" E for 40.01 feet to the Point-of-Beginning; thence N 89° 39' 28" E for 530.17 feet; thence S 01° 43' 29" E for 240.00 feet; thence S 89° 39' 55" W for 50.00 feet; thence S 01° 43' 29" E for 250.00 feet; thence N 89° 39' 55" E for 450.00 feet; thence N 01° 43' 29" W for 490.00 feet; thence N 89° 39' 55" E for 1.686.10 feet; thence S 01° 43' 29" E for 3,358.50 feet; thence S 89° 39' 55" W for 2,617.13 feet; thence N 01° 43' 29" W for 3,358.48 feet to the Point-of-Beginning (a.k.a. Grand Bay at Doral, Tentative Plat # T-22340).

The area and location of this proposed special taxing district are shown on the map or sketch which is made a part hereof by reference.
Section 3. The service to be provided within this proposed special taxing district will initially consist of the following:
A) Maintenance of landscaped and park areas (Tracts B, C, E, F, H through K, N, O, Q through S, U through W, Y, Z C1, E1 through J1, L1 through Y1, A2, E2 through M2), conservation areas (Tracts D, G, A1, and K1), private walkways (Tracts L, M, P, T, X, B2, C2, O2), and ingress/egress (Tracts A, Z1 and D2), swales, and the exterior faces of any fencing or walls within the Dsitrict boundaries should any Homeowners Association or the CDD fail to provide these services. Failure to provide maintenance within the private road area is defined in a non-exclusive easement granted to Miami-Dade County and recorded in the Public Records.

B) Installation, operation and maintenance of thirty-eight (38) 22,000 lumen sodium vapor bracket-arm streetlights mounted on concrete poles and the transfer of ten (10) 22,000 lumen sodium vapor bracket-arm streetlights for billing purposes from adjacent special taxing districts.

Section 4. A) Multipurpose Maintenance - The combined costs of the multipurpose maintenance project and operation of the district's improvements including services, engineering, administration, billing, collecting and processing for the first year is provided by petitioner, and $240,640 for the second year. It is estimated that the cost per assessable square foot of real property within the proposed district for the initial multipurpose maintenance program shall be provided by petitioners for the first year, and $0.0503 for the second year. The second and succeeding years' assessments will be adjusted from actual experience.
B) Street Lighting Services - The installation of the street lighting project will be accomplished pursuant to an agreement between Miami-Dade County and the Florida Power and Light Company. The combined costs of the street lighting project and operation of the district's improvements including service, maintenance, electricity, engineering, administration, billing, collection and processing for the first year are provided by petitioner and estimated to be $54,500. The combined costs of the street lighting project and operation of the district's improvements including service, maintenance, electricity, engineering, administration, billing, collection and processing for the second year are estimated to be $15,520. The estimated cost per assessable front foot of real property within the proposed district for the second year is $1.670. The second and succeeding years' assessments will be adjusted from actual experience.
Section 5. A) Multipurpose Maintenance - Miami-Dade County, as administrator of this district's maintenance program, is directed to provide service by the most effective and efficient means available on a yearly basis, as detailed in the County Manager's report which is made a part hereof by reference. If there is a proposed significant change to the level of services to be provided, the Park and Recreation Department shall conduct a meeting in the community, inviting all affected district property owners for the purpose of reviewing the district's budget and level of services.
B) Street Lighting Service - The proposed Street Lighting agreement between Miami-Dade County and Florida Power and Light Company is hereby approved and made a part hereof by reference, and the County Manager or designee and the Clerk or Deputy Clerk of the County Commission are hereby authorized and directed to execute said agreement for and on behalf of Miami-Dade County.
Section 6. A) Multipurpose Maintenance - The County Manager is authorized and directed to cause to be made the maintenance and operation of various public improvements to be installed within the district in accordance with the provisions of this Ordinance. However, multipurpose maintenance services will be provided by the taxing district in accordance with the provisions of this ordinance only if a Homeowners Association and, if applicable, a community development district, have failed to provide these maintenance services and the County has adopted this district's multipurpose maintenance assessment roll.
B) Street Lighting Service - The County Manager is authorized and directed to cause the installation of the required street lights to be accomplished within the district in accordance with the provisions of said agreement and with the terms of this Ordinance.
Section 7. The County Manager is further directed to cause to be prepared and filed with the Clerk of the County Commission two (2) Preliminary Assessment Rolls in accordance with the provisions of Section 18-14 of the Code of Miami-Dade County, Florida. As authorized by Section 197.363, Florida Statutes, all special assessments levied and imposed under the provisions of this Ordinance shall be collected, subject to the provisions of Chapter 197, Florida Statutes, in the same manner and at the same time as ad valorem taxes. In accordance with utilization of the ad valorem tax collection method, if such special assessments are not paid, when due, the potential for loss of title to the property exists. Furthermore, it is hereby declared that said improvements and/or services will be a special benefit to all property within the proposed special taxing district and the total amount of special assessments to be levied as aforesaid will not be in excess of such special benefit.
Section 8. A duly certified copy of this Ordinance shall be filed in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida, and recorded in the appropriate book of records.
Section 9. The provisions of this Ordinance shall become effective ten (10) days after the date of its enactment, unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:
To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Grand Bay at Doral Multipurpose Maintenance
and Street Lighting Special Taxing District

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve a petition submitted in accordance with Article 1, Chapter 18 of the Code for creation of the Grand Bay at Doral Multipurpose Maintenance and Street Lighting Special Taxing District. The creation of this District is a subdivision requirement pursuant to Chapter 28 of the Code of Miami-Dade County and Public Works Department policy. The multipurpose maintenance program will remain dormant until such time as any Homeowners Association or the Grand Bay at Doral Community Development District (CDD) fails to provide the required maintenance services.

Scope

This proposed special taxing district lies within Commission District Twelve (12) and will provide street lighting services and other multipurpose maintenance services, if and when necessary.

Fiscal Impact/Funding Source

Creation of this District will result in no economic impact on the County's budget. The developer, pursuant to Chapter 18 of the Code, is required to fund all costs incidental to creation, operation and administration of the District for the first year including the costs to install, maintain and operate the District’s street lighting system. Maintenance services which cannot be equitably or conveniently provided by the property owners shall be provided by the District upon acceptance of the plat required improvements by Miami-Dade County and upon the failure of any Homeowners Association or the CDD to provide the required maintenance services and such services will be funded by special assessments against benefited property.

After the first year, the economic impact on the private sector will be a perpetual annual special assessment for the cost of street lighting to all property owners within the District, and when necessary, a special assessment for other district maintenance services. The Florida Power and Light Company is the owner of the street lighting system and therefore will derive revenues from it.

At this time there will be no increase or decrease in County staffing due to this District. The private sector may increase its staffing levels to provide the service requirements created by this special taxing district.

Track Record/Monitoring

Contingent upon BCC approval of this District, the Public Works Department’s Special Taxing Districts Division will monitor the Florida Power and Light Company’s agreement, installation and billing process. In the event any Homeowners Association or the CDD fails to provide maintenance services, the Miami-Dade County Park and Recreation and Public Works Departments will provide the District’s required maintenance services and cause implementation of special assessments for the costs of such services against benefited property.

MANAGER'S BACKGROUND

Boundaries: On the North, NW 90th Street;
On the East, NW 102nd Avenue;
On the South, theo. NW 80th Street;
On the West, NW 107th Avenue.

Number of Parcels: 1 (Tentative plat proposes 295 town-house units, 1,263 condominium units, 624 shopfront units and 124 workshop units).

Number of Owners: 1

Number of Owners With Homestead None - The petition was submitted by
Exemption Signing Petition: Atlas Property I, LLC., the sole property owner and developer.

Preliminary Public Meeting: None necessary.

Required Referendum: The creation of the District will be subject only to BCC approval; no election will be necessary as 100 percent of the property owners signed the petition.

Preliminary Assessment Roll: The street lighting assessment roll is submitted on the same agenda as a separate agenda item for consideration and adoption by the BCC and contingent upon the Board’s approval of this District’s creation ordinance. In the event any Homeowners Association or the CDD fails to provide the maintenance services below, a hearing to adopt the multi-purpose maintenance assessment roll will be conducted. The implementation of the assessment rolls will be in accordance with the procedures defined in Chapter 18 of the Code.

Proposed Service and Improvements

Multipurpose Maintenance Services: The creation of this District is requested to maintain the landscaped and park areas (Tracts B, C, E, F, H through K, N, O, Q through S, U through W, Y, Z, C1, E1 through J1, L1 through Y1, A2, E2 through M2), conservation areas (Tracts D, G, A1, and K1), private walkways (Tracts L, M, P, T, X, B2, C2, O2), and ingress/egress (Tracts A, Z1 and D2), swales, and the exterior faces of any fencing or walls within the District boundaries should any Homeowners Association or the CDD fail to provide these services. Failure to provide maintenance within the private road area is defined in a non-exclusive easement granted to Miami-Dade County and recorded in the Public Records.

Street Lighting Improvements: The installation, operation and maintenance of thirty-eight (38) 22,000 lumen sodium vapor bracket-arm streetlights mounted on concrete poles and the transfer of ten (10) 22,000 lumen sodium vapor bracket-arm streetlights for billing purposes from adjacent special taxing districts.

Estimated Initial Billing: Assessment billed annually as an itemized portion of the annual tax bill.

Initial Start of Service

Multipurpose Maintenance Services: October 1st following cessation of maintenance services by the developer and failure of any Homeowners Association or the CDD to provide services.

Street Lighting Service: November 2009, following the provision of street lighting services by the developer for the first year.

Method of Apportionment

Maintenance Services: Square Footage
Street Lighting Service: Front Footage

Estimated Annual Total Cost First Year Second Year

Maintenance Services: $0 $240,640
Street Lighting Service: $54,500 $15,520

Estimated Annual Rates First Year Second Year

Maintenance Services: Provided by $0.0503
Street Lighting Service: Petitioner $1.670

Estimated Annual Assessments First Year Second Year

Maintenance Services:

For A Typical Townhouse or Condominium Unit: $104
Provided by
For A Typical Commercial Unit: Petitioner $104

Street Lighting Service: First Year Second Year

For A Typical Townhouse or Condominium Unit: $7
Provided by
For A Typical Commercial Unit: Petitioner $7

The annual assessments shown above are representative of costs for typical residential and commercial property within this District.

State or Federal grants are not applicable to this special taxing district.

Each special taxing district is unique due to its geographical boundaries, affected property owners, and level of services to be provided. Creation of a new special taxing district to provide these services is the best and most cost-effective method to achieve this benefit.

In accordance with the requirements of Chapter 28 of the Code to provide street lighting in new subdivisions through the creation of street lighting special taxing districts, and in compliance with the provisions of Section 18-3 (c) of the Code, I have reviewed the facts submitted by the Public Works Director and concur with her recommendation that this District be created pursuant to Sections 18-2 and 18-22.1 of the Code.



________________________
Assistant County Manager



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