Miami-Dade Legislative Item
File Number: 112463
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File Number: 112463 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Board of County Commissioners
File Name: RITA GARDEN THE CENTER STREET LIGHTING Introduced: 11/22/2011
Requester: Public Works & Waste Management Cost: Final Action:
Agenda Date: 1/24/2012 Agenda Item Number: 5A
Notes: SEE 120170 FOR FINAL VERSION ADOPTED. See Leg. # 112468 Title: ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS RITA GARDEN THE CENTER 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 1/24/2012 5A Amended
REPORT: See Agenda Item 5A AMENDED, Legislative File No. 120170, for the amended version.

Board of County Commissioners 12/6/2011 Tentatively scheduled for a public hearing Board of County Commissioners 1/24/2012

Board of County Commissioners 12/6/2011 4D Adopted on first reading 1/24/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for a public hearing before Board of County Commissioners on Tuesday, January 24, 2012, at 9:30 a.m.

County Attorney 11/22/2011 Assigned Rudy A. Ruiz

County Mayor 11/22/2011 Assigned County Attorney 12/6/2011
REPORT: PWWM-CAO-James Kracht-First Reading -12/6 and PH TBA

County Mayor 11/22/2011 Assigned Alina Tejeda-Hudak

Legislative Text


TITLE
ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS RITA GARDEN—THE CENTER 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 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 therefor; 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 RITA GARDEN—THE CENTER 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 street lighting 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 street lighting improvements to be provided and maintained within the proposed district, an estimate of the cost of constructing such improvements, an estimate of the cost of maintaining and operating such improvements and/or services, his certification that the proposed district’s improvements 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/or services, and an estimate of the amount to be assessed against each front foot 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 Chairperson; 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 owners (developer/petitioner) and the report and recommendations of the County Manager -- said hearing will be held on Tuesday, ???????????????. Copies of the public notice will be duly published in a newspaper 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 RITA GARDEN—THE CENTER STREET LIGHTING SPECIAL TAXING DISTRICT is hereby created and established in the unincorporated area of Miami-Dade County.

Section 2. The area or boundaries of this proposed special taxing district are as follows:
A portion of Section 17, Township 53 South, Range 40 East, Miami-Dade County, Florida; being more particularly described as follows:

A portion of the E 1/2 of Tract 40, according to the Plat of "Florida Fruit Lands Company's Subdivision No. 1", as recorded in Plat Book 2, Page 17 of the Public Records of Miami-Dade County, Florida, and being more particularly described as follows:

Commence at the southeast corner of the SW 1/4 of said Section 17, a.k.a. the southeast corner of said Tract 40; thence N 01° 42' 49" W for 329.97 feet along the east line of said Tract 40; thence S 89° 40' 46" W for 35.00 feet along the north line of said Tract 40 to the Point-of-Beginning; thence S 89° 40' 46" W for 200.08 feet along the north line of said Tract 40; thence S 00° 19' 13" E for 289.87 feet; thence N 89° 40' 51" E for 181.51 feet to a point of curvature of a circular curve to the left, having a radius of 25.00 feet, a central angle of 91° 23' 40", for an arc length of 39.88 feet to a point of tangency; thence N 01° 42' 49" W for 264.34 feet to the Point-of-Beginning (a.k.a. Rita Garden—The Center, Tentative Plat # T23165).
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 improvements and services to be provided within this proposed special taxing district will consist of the following:

The installation, operation and maintenance of one (1) 22,000 lumen sodium vapor bracket-arm streetlight mounted on a concrete pole.?????

Section 4. The installation of such street lighting project will be accomplished pursuant to an agreement between Miami-Dade County and the Florida Power & Light Company. The cost of furnishing electric energy to the street lighting project, together with the costs of service, maintenance, and administration for handling billing, collecting assessments, and processing for the first year is estimated to be $6,410 and shall be advanced by petitioners. The cost of furnishing electric energy to the street lighting project, together with the costs of service, maintenance, and administration for handling billing, collecting assessments, and processing for the second year is estimated to be $490. The estimated cost per assessable front foot of real property within the proposed district for the second year is $1.467. The succeeding years’ assessments will be adjusted from actual experience.

Section 5. 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 6. The proposed Street Lighting agreement between Miami-Dade County and Florida Power & 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 7. The County Manager is authorized and directed to cause the installation of said streetlights to be accomplished within the district in accordance with the provisions of said agreement and with the terms of this Ordinance.

Section 8. The County Manager is further directed to cause to be prepared and filed with the Clerk of the County Commission a Preliminary Assessment Roll 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.

Section 9. 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 10. The provisions of this Ordinance shall become effective ten (10) days after the date of enactment, unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


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


From:

Carlos A. Gimenez
Mayor

Subject: Rita Garden – The Center
Street Lighting Special Taxing District



..Recommendation

It is recommended that the Board of County Commissioners (BCC) approve a petition submitted in accordance with Article 1, Chapter 18 of the Miami-Dade County Code for creation of the Rita Garden – The Center Street Lighting Special Taxing District. The creation of this District is a subdivision requirement pursuant to Chapter 28 of the Code.

Scope

This proposed special taxing district lies within Commission District Twelve (12) and will provide street lighting services.

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 the District’s first year’s lease of the equipment and electricity costs to operate the system and all costs incidental to the creation and administration incurred by Miami-Dade County.

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. The Florida Power and Light Company is the owner of the 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 and Waste Management Department’s Special Taxing Districts Division will monitor the Florida Power and Light Company’s agreement, installation and billing process.


BODY

Boundaries: On the North, theo. NW 59th Terrace;
On the East, NW 102nd Avenue;
On the South, NW 58th Street;
On the West, theo. NW 102nd Place.

Number of Parcels: 1 (Tentative plat proposes 1 commercial tract – Tract A).

Number of Owners: 1

Number of Owners With Homestead None – The petition was submitted by Rita
Exemption Signing Petition: Garden, LLC., the sole property owner and developer.

Preliminary Public Meeting: None necessary.

Type of Improvements: The installation, operation and maintenance of one (1) 22,000 lumen sodium vapor bracket-arm streetlight mounted on a concrete pole.

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

Preliminary Assessment Roll: Submitted on the same agenda as a separate agenda item for consideration and adoption by the BCC and contingent upon the approval of this District’s creation ordinance. The implementation of the assessment roll will be in accordance with the procedures defined in Chapter 18 of the Code.

Estimated Completion: December 2012

Estimated Initial Billing: November 2013. Assessment billed annually as an itemized portion of the annual tax bill.

First Year Second Year

Estimated Total District Cost: $6,410 $490

Method Of Apportionment: Front Footage





First Year Second Year
Estimated Annual Assessment:

Per Assessable Front Foot Cost to be $1.467
provided by
For Tract A Petitioner $490

The annual assessment shown above is representative of costs for Tract A within the District.

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

Each street lighting 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 this service 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 and Waste Management Director and concur with her recommendation that this District be created pursuant to Section 18-2 of the Code.



County Manager/Deputy Mayor



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