Miami-Dade Legislative Item
File Number: 111998
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File Number: 111998 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-82 Control: County Commission
File Name: MIAMI INTERNATIONAL TRADEPORT Introduced: 9/23/2011
Requester: Public Works & Waste Management Cost: Final Action: 11/3/2011
Agenda Date: 11/3/2011 Agenda Item Number: 5A
Notes: TLL- 9/23/2011 Title: ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS MIAMI INTERNATIONAL TRADEPORT 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: NONE
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 11/3/2011 5A Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairman Martinez opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed ordinance. He closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 10/4/2011 Tentatively scheduled for a public hearing Board of County Commissioners 11/3/2011

Board of County Commissioners 10/4/2011 4A Adopted on first reading 11/3/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Commission proceeded to vote. The public hearing was scheduled for Thursday, November 3, 2011, at 9:30 a.m. before the County Commission.

County Attorney 9/23/2011 Assigned James K. Kracht

County Mayor 9/23/2011 Assigned County Attorney 10/4/2011
REPORT: PWD- MIAMI INTERNATIONAL TRADEPORT MPM/STD (1ST READING- OCT 4; PUBLIC HEARING 11-3 BCC) (ASST. COUNTY ATTY: JAMES KRACHT)

County Mayor 9/23/2011 Assigned Alina Tejeda-Hudak 9/23/2011 9/23/2011

Legislative Text


TITLE
ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS MIAMI INTERNATIONAL TRADEPORT 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 MIAMI INTERNATIONAL TRADEPORT 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 a stormwater management area (Tract A – lake), landscaped areas, and swales within the district boundaries 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 MIAMI INTERNATIONAL TRADEPORT MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT is hereby created and established in the unincorporated area of Miami-Dade County, Florida.
Section 2. The area or boundaries of this proposed special taxing district are as follows:
A portion of Section 31, Township 52 South, Range 40 East, Miami-Dade County, Florida; being more particularly described as follows:

Begin at the Northwest corner of said Section 31; thence N 89°27'50" E along the North line of the NW 1/4 corner of said Section 31 for 2,639.63 feet to the N 1/4 corner of said Section 31; then N89°27'59" E along the North line of the NE 1/4 of said Section 31 for 1,287.23 feet; thence S 02°38'18"E for 1,115.01 feet; thence S 89°28'31" W for 1,287.32 feet to a point on the East line of the NW 1/4 of said Section 31; thence continue S 89°28'31" W for 1,050.85 feet; thence S 02°37;45" E for 701.11 feet; thence S 89°29'20" W for 1,589.05 feet to a point on the West line of the NW 1/4 of said Section 31; thence N 02°37'28" W along said West line for 1,815.01 feet to the Point-of-Beginning (a.k.a. Miami International Tradeport, Tentative Plat # T23200).

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) The creation of this District is requested to maintain a stormwater management area (Tract A – lake), landscaped areas, and swales within the District boundaries should any Property Owners Association or 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) The installation, operation and maintenance of nineteen (19) 50,000 lumen sodium vapor bracket-arm streetlights mounted on concrete poles.

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 $255,980 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 $0.0513 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 $23,310. 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 $8,740. The estimated cost per assessable front foot of real property within the proposed district for the second year is $1.381. 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 Property Owners 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.


TITLE

BODY

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Miami International Tradeport Multipurpose Maintenance and Street Lighting Special Taxing District

STAFF RECOMMENDATION
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 of Miami-Dade County for creation of the Miami International Tradeport 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 Property Owners Association or Community Development District (CDD) fails to provide the required maintenance services.

Scope

This proposed special taxing district lies within Commission District 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 Property Owners Association or 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 Property Owners Association or 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.


BODY
Background
Boundaries: On the North, NW 122nd Street;
On the East, theo. NW 109th Place;
On the South, theo. NW 116th Way;
On the West, NW 117th Avenue (Snapper Creek Extension).

Number of Parcels: 2 (Tentative plat proposes industrial warehouses).

Number of Owners: 1

Number of Owners With Homestead
Exemption Signing Petition: None - The petition was submitted by Tarmac America, 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 Property Owners Association or CDD fails to provide the maintenance services below, a hearing to adopt the multipurpose 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 a stormwater management area (Tract A – lake), landscaped areas, and swales within the District boundaries should any Property Owners Association or 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 nineteen (19) 50,000 lumen sodium vapor bracket-arm streetlights mounted on concrete poles

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 Property Owners Association or CDD to provide services.

Street Lighting Service: November 2012, 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 $255,980
Street Lighting Service: $23,310 $8,740

Estimated Annual Rates First Year Second Year

Maintenance Services: Provided by $0.0513
Street Lighting Service: Petitioner $1.381

Estimated Annual Assessments First Year Second Year

Maintenance Services:


For Tract A: $66,228
For Tract B: Provided by $76,918
For Tract C: Petitioner $67,702
For Tract D: $45,132

Street Lighting Services: First Year Second Year


For Tract A: $0
For Tract B: Provided by $5,184
For Tract C: Petitioner $2,351
For Tract D: $1,205

The annual assessments shown above are representative of costs for Tracts within the District boundaries.

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.



_______________________________
County Manager/Deputy Mayor



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