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ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, GENERALLY BOUNDED ON THE NORTH BY SW 245 TERRACE, ON THE EAST BY SW 128 AVENUE, ON THE SOUTH BY THEORETICAL SW 246 STREET, AND ON THE WEST BY SW 129 AVENUE, KNOWN AND DESCRIBED AS OLGA LIDIA SUBDIVISION MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT; IDENTIFYING SERVICES TO BE PROVIDED; AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO CAUSE TO BE MAINTAINED AND OPERATED VARIOUS PUBLIC IMPROVEMENTS AND 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 Olga Lidia Subdivision Multipurpose Maintenance and 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 245 Terrace, on the east by SW 128 Avenue, on the south by Theoretical SW 246 Street, and on the west by SW 129 Avenue, and located entirely within Commission District 8, are as follows:
Parcel of land lying in Section 23, Township 56 South, Range 39 East, Miami-Dade County, Florida (a.k.a. Olga Lidia Subdivision, Tentative Plat #T-24441); being more particularly described as follows:

Beginning at the SE corner of the SE1/4 of the SE1/4 of Section 23, Township 56 South, Range 39 East, thence West along Section line 711.57 feet, thence North 741.00 feet to starting point, thence West 640.10 feet, North 132.00 feet, East 640.10 feet, South 132.00 feet, to the starting point, Miami-Dade County, Florida.

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 the following:
A) Maintenance of landscaped swales, medians, common areas, any entrance features, wetlands, lakes, and the exterior faces of any fencing or walls within the Special Taxing District’s boundaries abutting public rights-of-way, including maintenance of turf, trees, shrubs, irrigation, and utility payments should any association or community development district fail to provide these services. The Special Taxing District will also maintain the private road area if there is a failure to provide maintenance within the private road area as defined in a non-exclusive easement granted to Miami-Dade County and recorded in the Public Records.

B) Street lighting services within public rights-of-way, as described in the Report.


Section 5. A) Multipurpose Maintenance – Initially, services will be provided by petitioner. The current estimate of combined costs for the multipurpose maintenance services and operations by the Special Taxing District if activated, including engineering, administration, billing, collecting and processing, is $19,054.51 ($0.7921 per assessable square foot). The assessments will be adjusted based on actual costs.
B) Street Lighting Services – 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 $65,797.66. The expected costs of the Special Taxing District’s services for the second year are estimated to be $15,810.32. The expected estimated cost per assessable front foot of real property within the Special Taxing District for the second year is $21.2230. 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 improvements and/or 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. A) Multipurpose Maintenance – If the multipurpose maintenance services are activated, Miami-Dade County, as administrator of this Special Taxing District’s maintenance programs, is directed to provide service by the most effective and efficient means available on a yearly basis, as detailed in the Report, which is made a part hereof by reference. If there is a proposed significant change to the level of service to be provided, the Parks, Recreation and Open Spaces Department shall conduct a meeting in the community, inviting all affected Special Taxing District property owners for the purpose of reviewing the Special Taxing District’s budget and level of service.
B) Street Lighting Services – 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. A) Multipurpose Maintenance – If the multipurpose maintenance services are activated, the County Mayor or County Mayor’s designee is authorized and directed to cause to be made the maintenance and operation of various public improvements to be installed within the Special Taxing District in accordance with the provisions of this Ordinance.
B) Street Lighting Services – 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. In the event that the multipurpose maintenance services are activated, 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 those services in accordance with the provisions of section 18-14 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 special 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 18-14 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 the 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 its 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 Olga Lidia Subdivision Multipurpose Maintenance and 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 and/or the maintenance of landscaping 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 Olga Lidia Subdivision Multipurpose Maintenance and 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. The multipurpose maintenance program will remain dormant until any association or community development district (CDD) fails to provide the required maintenance services.

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 and, if and when necessary, multipurpose maintenance services.

Fiscal Impact/Funding Source
Creation of this Special Taxing District will result in no economic impact on the County’s 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. Maintenance services which cannot be equitably or conveniently provided by the property owners shall be provided by the Special Taxing District upon acceptance of the plat’s required services by the County, and such services will be funded by special assessments against benefited properties.

After the first year, there will be a perpetual annual special assessment for the cost of street lighting and multipurpose maintenance services 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 services, regardless of their demographics, and that the total estimated amount of the special assessments 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 higher intensity spotlighting at specific locations, and accommodate future County lighting standards. The creation of this Special Taxing District will also provide for maintenance services.

Pursuant to section 18-20.2 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 County’s 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. In the event any association or CDD fails to the provide maintenance services, this item further authorizes the County Mayor or County Mayor’s designee, contingent upon Board adoption of a non-ad valorem assessment roll, to provide the Special Taxing District’s required maintenance services and cause implementation of special assessments for the costs of such services against the property owners within the Special Taxing District, as well as contract monitoring, compliance and enforcements, if and when necessary.

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 the 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. PROS and the Division will provide the Special Taxing District’s required maintenance services and cause implementation of special assessments for the costs of such services against the benefited properties, as well as contract monitoring, compliance and enforcements, if and when necessary. This Special Taxing District lies within the boundaries of, and is compliant with, the regulations of the Princeton Community Urban Center (PCUC) District.

Boundaries: On the North, SW 245 Terrace;
On the East, SW 128 Avenue;
On the South, Theoretical SW 246 Street;
On the West, SW 129 Avenue.

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

Number of Owners: 1

Number of Owners with Homestead None – Sunshine Views 246, LLC., the sole property
Exemption Signing Petition: owner and developer.

Type of Services and Improvements
Multipurpose Maintenance Services: The creation of this Special Taxing District is requested to maintain landscaped swales, medians, common areas, any entrance features, wetlands, lakes, and the exterior of any fencing or walls within the Special Taxing District’s boundaries abutting public rights-of-way, including maintenance of turf, trees, shrubs, irrigation, and utility payments, should any association or CDD fail to provide these services. The Special Taxing District will also maintain the private road area if there is a failure to provide maintenance within the private road area as defined in a non-exclusive easement granted to the County and recorded in the Public Records.

Street Lighting Improvements: It is expected that the Special Taxing District will install, operate, and maintain twelve (12) – 7,425 Lumens, 3000K, traditional post-top LED streetlights mounted on black tapered concrete poles. At the discretion of the PROS Director, PROS reserves the right to adjust the quantity, style, and luminosity of the street lighting facilities, 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 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 Board approval; no election will be necessary as 100% 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 Board and contingent upon the approval of this Special Taxing District’s creating ordinance. In the event any association or CDD fails to provide the maintenance services shown below, a hearing to adopt the Special Taxing District’s 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.
Estimated Initial Billing: Assessment billed annually as an itemized portion of the Real Property tax bill.

Initial Start of Service
Multipurpose Maintenance Services: October 1st following cessation of maintenance services by the developer and failures of any association or CDD to provide services.

Street Lighting Services: November 2028, following the provision of street lighting services by the developer for the first year.

Method of Apportionment
Maintenance Services: Square Footage
Street Lighting Services: Front Footage

Estimated Annual Total District Costs First Year Second Year
Maintenance Services: $0.00 $19,054.51
Street Lighting Services: $65,797.66 $15,810.32

Estimated Annual District Rates First Year Second Year
Maintenance Services: Costs to be $0.7921
Street Lighting Services: Provided by $21.2230
Petitioner

Estimated Annual District Assessments
Maintenance Services: First Year Second Year
For Tract A: Costs to be $19,054.51
Provided by
Petitioner

Street Lighting Services: First Year Second Year
For Tract A: Costs to be $15,810.32
Provided by
Petitioner

The above annual costs and assessment information for multipurpose maintenance services are for informational purposes only and were calculated based on current costs assuming that maintenance services were to commence this year. Each subsequent year will be calculated based on actual costs. Actual costs for multipurpose maintenance services will be determined at the time of the assessment roll hearing. The above annual street lighting 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 costs.

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 service 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 PROS in its Report, a copy of which is attached and incorporated herein. I concur with their recommendation that this Special Taxing District be created pursuant to sections 18-2 and 18-22.1 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