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ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, GENERALLY BOUNDED ON THE NORTH BY SW 236 STREET, ON THE EAST BY SW 132 AVENUE, ON THE SOUTH BY SW 240 STREET, AND ON THE WEST BY THEORETICAL SW 133 COURT, KNOWN AND DESCRIBED AS COPART EAST STREET LIGHTING SPECIAL TAXING DISTRICT; IDENTIFYING SERVICES TO BE PROVIDED; AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE FOR THE INSTALLATION OF STREETLIGHTS; APPROVING A STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE AGREEMENT; WAIVING PROVISIONS OF RESOLUTION NO. R-130-06; AND PROVIDING FOR EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, which is incorporated herein by reference; and

WHEREAS, a public hearing has been conducted by the Board of County Commissioners in accordance with the requirements and procedures of Chapter 18 of the Code of Miami-Dade County,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. This Board incorporates and approves the foregoing recitals as if fully set forth herein.

Section 2. In accordance with the provisions of Chapter 18 of the Code, a special taxing district, to be known and designated as the Copart East Street Lighting Special Taxing District in Miami-Dade County, Florida, is hereby created and established in the Unincorporated area of Miami-Dade County.

Section 3. The area or boundaries of this Special Taxing District, generally bounded on the North by SW 236 Street, on the East by SW 132 Avenue, on the South by SW 240 Street, and on the West by Theoretical SW 133 Court, and located entirely within Commission District 8, are as follows:

A portion of Section 23, Township 56 South, Range 39 East, Miami-Dade County, Florida (a.k.a. Copart East, Tentative Plat # T-24369); being more particularly described as follows:

Commence at the southeast corner of the Northwest 1/4 of said Section 23; thence South 89 08'09" West on the south line of said Northwest 1/4, also being the north line of the Southwest 1/4 of said Section 23 for 35.00 feet to the Point-of-Beginning, said point being on the westerly Right-of-Way line of Southwest 132nd Avenue; thence South 00 30'27" East on said Right-of-Way line 60.16 feet to a point of cusp with a circular curve concave southwesterly; thence northwesterly on the arc of said curve to the left, with a radius of 25.00 feet, a central angle of 90 21'24" for an arc distance of 39.43 feet to a point of tangency on a line lying 35.00 feet south of and parallel to said north line of the Southwest 1/4; thence South 89 08'09" West on said parallel line 838.70 feet to a point of curvature of a circular curve, concave southeasterly; thence southwesterly on the arc of said curve to the left, with a radius of 25.00 feet, a central angle of 47 01'19" for an arc distance of 20.52 feet to a point of reverse curvature of a circular curve, concave northerly; thence southwesterly, westerly and northwesterly on the arc of said curve to the right, with a radius of 63.00 feet, a central angle of 103 16'58" for an arc distance of 113.57 feet to a point on said line lying 35.00 feet south of and parallel to the north line of the Southwest 1/4; thence South 89 08'09" West on a non-radial line being said parallel line, 10.63 feet to a point on a line 330.00 feet east of and parallel to the west line of the Southeast 1/4 of said Northwest 1/4 of said Section 23; thence North 00 50'12" West on said parallel line 1,384.04 feet to a point on the north line of said Southeast 1/4 of the Northwest 1/4 of Section 23; thence North 89 00'17" East on said north line 352.12 feet to the northeast corner of the West 1/2 of said Southeast 1/4 of the Northwest 1/4 of Section 23; thence South 00 40'18" East on the east line of the West 1/2 of said Southeast 1/4 of the Northwest 1/4 of Section 23 for 1,349.85 feet to the southeast corner of said West 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 23; thence North 89 08'09" East on said south line of the Northwest 1/4 of Section 23 for 643.23 feet to the Point-of-Beginning.

The areas and geographical locations of this Special Taxing District are shown on the map or sketch, attached to the accompanying memorandum.

Section 4. The improvements and/or services to be provided in this Special Taxing District will consist of street lighting services within public rights-of-way, as described in the Report.

Section 5. The installation of such street lighting will be accomplished pursuant to an agreement between Miami-Dade County and Florida Power and Light. The expected costs of the installation and operation of the Special Taxing District s services, including maintenance, electricity, engineering, administration, billing, collection and processing, for the first year are provided by petitioners and estimated to be $111,973.80. The expected costs of the Special Taxing District s services for the second year are estimated to be $27,779.69. The expected estimated cost per assessable front foot of real property within the Special Taxing District for the second year is $9.6524. The succeeding years assessments will be adjusted based on actual costs.

Section 6. The entire cost of the Special Taxing District s improvements and/or services shall be specially assessed. It is hereby declared that said services will be a special benefit to all properties within the 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 7. The proposed street lighting agreement between Miami-Dade County and Florida Power and Light is hereby approved and made a part hereof by reference. The provisions of Resolution No. R-130-06 are hereby waived because adoption of this Ordinance is a precursor to the future execution of said agreement, which will not occur until development within the Special Taxing District occurs.

Section 8. The County Mayor or County Mayor s designee is hereby authorized and directed to execute at the appropriate time the incorporated street lighting agreement, in substantially the form attached to the accompanying memorandum, for and on behalf of Miami-Dade County.

Section 9. The County Mayor or County Mayor s designee is authorized and directed to cause the installation of said streetlights to be accomplished within the Special Taxing District in accordance with the provisions of said agreement and the terms of this Ordinance.

Section 10. The County Mayor or County Mayor s designee is further directed to cause to be prepared and filed with the Clerk one Preliminary Assessment Roll for the street lighting services, in accordance with the provisions of sections 18-14 and 18-22.1 of the Code. As authorized by section 197.3632, 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. Unless paid when due, such assessments shall be deemed delinquent and payment thereof may be enforced by means of the procedures provided by the provisions of Chapter 197, Florida Statutes, and section 1814 of the Code, including possible loss of title.

Section 11. 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 12. It is the intention of this Board and it is hereby ordained that the provisions of this Ordinance shall be excluded from the Code.

Section 13. The provisions of this Ordinance shall become effective 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.

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Ordinance Creating the Copart East Street Lighting Special Taxing District

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is to gain authorization from the Board of County Commissioners (Board) to create a special taxing district in Unincorporated Miami-Dade County (County) for the installation of streetlights in the public Rights-of-Way.
Recommendation
It is recommended that the Board approve a petition submitted in accordance with Article I, Chapter 18, of the Code of Miami-Dade County (Code) for the creation of the Copart East Street Lighting Special Taxing District (Special Taxing District). The creation of this Special Taxing District is a subdivision requirement pursuant to Chapter 28 of the Code.

Scope
This proposed Special Taxing District lies within Commission District 8, which is represented by County Commissioner Danielle Cohen Higgins, and will provide street lighting services.

Fiscal Impact/Funding Source
Creation of this Special Taxing District will result in no economic impact to the County budget, and there will be no increase or decrease in County staffing. The developer, pursuant to Chapter 18 of the Code, is required to fund the Special Taxing District s first year s lease of the equipment and electricity costs to operate the street lighting system and all incidental costs incurred by the County for the creation and administration of the Special Taxing District.

After the first year, there will be a perpetual annual special assessment for the cost of street lighting to all property owners within the Special Taxing District. Florida Power and Light (FPL) is the owner of the system and will derive revenues from the creation of the Special Taxing District. FPL s contractors and subcontractors may increase their staffing levels to provide the service requirements created by this Special Taxing District.

Social Equity Statement
The proposed Ordinance creates the Special Taxing District, pursuant to Article 1, section 1.01(A)(11) of the Miami-Dade County Home Rule Charter and Chapter 18 of the Code. If approved, property owners within the proposed Special Taxing District will pay special assessments appropriately apportioned according to the special benefit they receive from the Special Taxing District s service, regardless of their demographics, and that the total estimated amount of the special assessment to be levied would not be in excess of such special benefit. The creation of this Special Taxing District, which was requested by 100% of the property owners, will provide for lighting continuity between contiguous Street Lighting Special Taxing Districts on connecting roadways, allow for higher intensity spotlighting at specific locations, and accommodate future County lighting standards.

Pursuant to section 18-20.2(b) of the Code regarding notice to purchasers of new residential property, it shall be the obligation of a seller of new residential property to provide the purchaser thereof with notice either of the existence of a special taxing district created pursuant to this Chapter of the Code or of a pending petition to create such a special taxing district. The notice shall be provided in the manner set forth in section 18-20.2 of the Code.

Track Record/Monitor
The Special Taxing District will be managed by the Parks, Recreation and Open Spaces Department (PROS) and overseen by the Chief of the Special Assessment Districts Division (Division), Liset Romero-Lopez.

Delegation of Authority
This item authorizes the County Mayor or County Mayor s designee to execute lighting agreements, as required by FPL to provide street lighting, following approval by the County Attorney s Office as to legal sufficiency.

Background
In accordance with the provisions of Chapter 18 of the Code, a petition to create the Special Taxing District, duly signed by 100% of the owners of property within the proposed Special Taxing District, was filed with the Clerk of the Board (Clerk). A copy of the petition was sent to the County Mayor and the County Attorney to examine and to file 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. PROS compiled and filed with the Clerk a memorandum and accompanying written report and recommendations (Report), a copy of which is attached to this memorandum as Attachment A. The Report sets forth the boundaries of the Special Taxing District, an estimate of the cost of the improvements and/or services to be provided, the need for and desirability of the Special Taxing District, the ability of the affected properties to bear the special assessments, certifies that the improvements and/or services to be provided conform to the master plan of Miami-Dade County, and recommends that the Special Taxing District be created to provide a special benefit to all property within the proposed Special Taxing District.

Contingent upon Board approval of the creation of this Special Taxing District, the street lighting services will be accomplished pursuant to an agreement between the County and FPL. The facilities provided will remain the property of FPL. FPL will be responsible for the maintenance, repairs, upgrades, and replacement of the light fixtures, lamps, poles, and all connecting service lines. The Division will administer FPL s agreement, installation, and billing process.

Boundaries: On the North, SW 236 Street;
On the East, SW 132 Avenue;
On the South, SW 240 Street;
On the West, Theoretical SW 133 Court.

Number of Parcels: 1 (Tentative plat proposes one tract, Tract A)
Number of Owners: 1

Number of Owners with Homestead
Exemption Signing Petition: None The petition was submitted by Copart of Connecticut, Inc. , the sole property owner and developer.

Type of Improvements: It is expected that the Special Taxing District will install, operate, and maintain twenty-seven (27) 12,000 Lumens, 3000K Cobra Head LED streetlights mounted on concrete poles. At the discretion of the PROS Director, PROS reserves the right to adjust the quantity, style, and luminosity of the street lighting installations, for reasons including, but not limited to, changes in field conditions, to address safety concerns, to provide for lighting continuity between contiguous Street Lighting Special Taxing Districts on connecting roadways, to allow higher intensity spotlighting at specific locations, and to accommodate future County lighting standards.

Public Hearing Notification: The Clerk will certify the place, date, and hour for a public hearing on the petition and the Report at which all interested persons will be afforded the opportunity to present for this Board s consideration their objections, if any, to the creation and establishment of the Special Taxing District. As pursuant to section 18-3(d) of the Code, a public notice will be duly published in a newspaper of general circulation published in Miami-Dade County, Florida, and copies thereof will be mailed to all owners of taxable real property within the boundaries of the proposed Special Taxing District as their names and addresses appear on the latest Miami-Dade County Real Property Tax Roll.

Preliminary Public Meeting: None necessary.

Required Referendum: The creation of the Special Taxing District will be subject only to the Board s approval; no election will be necessary as 100% 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 Board and contingent upon the approval of this Special Taxing District s creating Ordinance. The implementation of the assessment roll will be in accordance with the procedures defined in Chapter 18 of the Code.

Estimated Completion: Fall 2028

Estimated Initial Billing: November 2027. Assessment billed annually as an itemized portion of the Real Property tax bill.

First Year Second Year
Estimated Total District Costs: $111,973.80 $27,779.69

Method of Apportionment: Front Footage

Estimated Annual District Assessments: First Year Second Year
Per Assessable Front Foot: Costs to be $9.6524
For Tract A: Provided by $27,779.69
Petitioner(s)

The above annual costs and assessment information are based on the expected lighting services to be provided by the Special Taxing District and are subject to change in the event that the Special Taxing District s services are adjusted by the PROS Director as provided herein. Each subsequent year will be calculated based on actual cost.

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 service 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 PROS in its Report and Recommendations, a copy of which is attached and incorporated herein. I concur with their recommendation that this Special Taxing District be created pursuant to section 18-2 of the Code. Also, I recommend the provisions of Resolution No. R-130-06 be waived because adoption of this Ordinance is a precursor to the future execution of said agreement, which will not occur until development within the Special Taxing District occurs.

Attachment


______________________________
Roy Coley
Chief Utilities and Regulatory Services Officer