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ORDINANCE AMENDING THE BOUNDARIES OF THE OJUS SANITARY SEWER SPECIAL BENEFIT AREA (OSSSBA) IN MIAMI-DADE COUNTY, FLORIDA BY ADDING ONE PROPERTY; RATIFYING THE NON-AD VALOREM ASSESSMENT ROLL, RATES AND ASSESSMENTS FOR THE OSSSBA FOR THE FISCAL YEAR COMMENCING OCTOBER 2026 AND ENDING SEPTEMBER 30, 2027; AND PROVIDING SEVERABILITY, 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, a copy of which is in 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 hereby adopts and incorporates the foregoing recitals and the accompanying memorandum as if stated herein.

Section 2. This Board hereby amends the boundaries of the Ojus Sanitary Sewer Special Benefit Area (OSSSBA) as described in the accompanying memorandum and reflected in Exhibits A and B to the accompanying memorandum.

Section 3. This Board intends to use the uniform method of collection of non-ad valorem assessments as authorized in section 197.3632 of the Florida Statutes, as amended, for collecting the non-ad valorem assessments levied within Miami-Dade County for special benefit areas, including the OSSSBA described in the accompanying memorandum. Descriptions of such areas subject to the assessments, units of measurement, and the amount of the assessments are attached to the accompanying memorandum as Exhibit C and incorporated herein by reference. Except as herein provided, this Board hereby also incorporates by reference: (1) all previously adopted ordinances establishing or amending the service area or parcels and associated folios described in Exhibits A and B to the accompanying memorandum; and (2) any resolutions adopting preliminary or amended assessment rolls for the service area described in Exhibits A and B.

Section 4. After duly advertised public hearing, this Board has received written objections, if any, and heard testimony from all interested persons and, based on the special benefits to the properties within the OSSSBA parcels described in Exhibit A and B to the accompanying memorandum, hereby determines that the assessments shown on the assessment roll are in proportion to the special benefits accruing to the respective parcels of real property appearing on said assessment rolls and that the levies of the assessments are needed to fund the cost of providing sewer infrastructure for parcels identified within this service area. Said assessment rolls (a copy of which are made a part hereof by reference) are approved, adopted, and confirmed pursuant to section 18-14(6) of the Code of Miami-Dade County, Florida.

Section 5. All assessments made upon said assessment rolls shall constitute a special assessment lien upon real property so assessed from the date of the confirmation of such assessments, in accordance with the provisions of sections 18-21 and 18-14(8) of the Code of Miami-Dade County, Florida.

Section 6. All assessments shall be payable in accordance with section 18-14(7) of the Code of Miami-Dade County, Florida. As authorized by section 197.3632, Florida Statutes, all special assessments levied and imposed under the provisions of the various ordinances previously approved by the Board, 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, or section 18-14(8) of the Code of Miami-Dade County, Florida.

Section 7. Within 30 days from the effective date of this ordinance, the Clerk of the Board of County Commissioners is directed to deliver to the Finance Director a copy of the assessment roll, and to cause a duly certified copy of this ordinance, together with the assessment roll, to be filed and recorded in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida.

Section 8. Unless otherwise prohibited by law, this ordinance shall supersede all enactments of this Board including, but not limited to, ordinances, resolutions, implementing orders, regulations, rules, and provisions in the Code of Miami-Dade County in conflict herewith; provided, however, nothing in this ordinance shall amend or supersede the requirements of Ordinance 07-45, as amended.

Section 9. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 10. All 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 override by this Board.

Section 11. It is the intention of the Board of County Commissioners and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County.

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Date:

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

From: Daniella Levine Cava
Mayor

Subject: Ordinance Amending the boundaries of the Ojus Sanitary Sewer Special Benefit Area; Approving, Adopting and Ratifying the Non-Ad Valorem Assessment Roll, Rates and Assessments for Fiscal Year 2026-2027

STAFF RECOMMENDATION
Executive Summary
This item seeks approval from the Board of County Commissioners (the Board) to amend the boundaries of Ojus Sanitary Sewer Special Benefit Area (OSSSBA) in Miami-Dade County, Florida by: (1) adding one property; (2) ratifying a new non-ad valorem assessment roll, rates and assessments for the OSSSBA for the fiscal year commencing October 1, 2026 and ending September 30, 2027 and (3) providing severability, exclusion from the code and an effective date.

This Special Benefit Area serves to provide for the expansion of sanitary sewer service to an urban area located entirely within a portion of unincorporated Miami-Dade County in the northeast section of the County. It currently benefits residents and property owners within the geographic boundaries of the OSSSBA, regardless of demographics or income levels. Residents and property owners in the Special Benefit Area continue to demonstrate their desire for sewer services through applications and requests. The Special Benefit Area is for certain non-residential and non-institutional parcels made-up of mixed use, industrial, and residential modified live/work zoned properties that do not have access to the County’s sewer system.

The Amendment supports my commitment as well as Miami-Dade Water and Sewer’s (WASD’s) ongoing efforts to upgrade and modernize the County’s water and wastewater infrastructure by replacing aging systems and preparing for future growth and redevelopment. These efforts help ensure the continued delivery of efficient and reliable service to our nearly 3 million residents throughout the County.

Recommendation
It is recommended that the Board approve the attached Ordinance, which (1) amends the folios and parcels which form the OSSSBA, as listed in Exhibits A and B, attached hereto and (2) establishes the FY 2026-2027 assessment rate for the OSSSBA, as listed in the assessment roll in Exhibit C, attached hereto. All lots, parcels and folios which form the OSSSBA are unique due to their geographical boundaries, affected property owners, and level of service. The amendment to update the parcels and associated folios that form the OSSSBA is necessary due to an increase in one folio and property that comprise the OSSSBA. WASD has determined, and I concur, that the services provided by the OSSSBA will offer special benefits to the properties within the OSSSBA exceeding the amount of special assessments to be levied. Therefore, it is hereby recommended that the proposed rates in Exhibit C be approved and adopted.

Scope
The proposed ordinance amends the area that forms the OSSSBA located in Commission District 4, which is represented by Commissioner Micky Steinberg.



Delegation of Authority
Upon approval of this item, the Clerk of the Board of County Commissioners is authorized to deliver to the Finance Director a copy of the assessment roll for the parcels and folios forming the OSSSBA as amended by this Ordinance, and to cause a duly certified copy of this ordinance, together with the assessment roll, to be filed and recorded in the Office of the Clerk of the Circuit Court of Miami-Dade County, Florida

Fiscal Impact/Funding Source
The fiscal impact of this Ordinance is limited to those property owners within the OSSSBA. This ordinance modifies the boundaries of the OSSSBA increasing its area. The total assessment for the special benefit, including required financing charges, is $21,223,217.00 over 28 years. The annual assessment will be the total assessment, including required financing charges, and 1% for the Tax Collector’s Office for the costs of collection, divided by 28 years and the number of parcels. The fiscal impact of this Ordinance is limited to factoring in the newly added parcel into the assessment calculation with an annual assessment of $0.5656per square foot of parcel area, as provided in the assessment roll, attached as Exhibit C. The funds will accrue from the special benefit area assessment paid by the property owners of parcels for associated folios within the OSSSBA. Approval of these rates is necessary to ensure that the proposed project is financed.

Social Equity Statement
The benefits conferred by the OSSSBA impact residents and property owners within the geographic boundaries of the OSSSBA regardless of demographics or income levels as sewer service. Residents and property owners in the OSSSBA continue to demonstrate their desire for sewer services. The OSSSBA is comprised of certain non-residential and non-institutional parcels made-up of mixed use, industrial, and residential modified live/work zoned properties that do not have access to the County’s sewer system.

The special assessment rate levied upon each property within OSSSBA is commensurate to the special benefit property owners will receive from the OSSSBA infrastructure, regardless of their demographics or income level.

Track Record/Monitor
WASD’s Assistant Director of Planning and Regulatory Compliance, James Ferguson, will be responsible for confirming the boundaries of the OSSSBA and coordinating with the Miami-Dade County Tax Collector’s Office to verify the properties that will be subject to the assessment.

Background
On April 9, 2019 the Board of County Commissioners, pursuant to Chapter 18 of Miami Dade County Code (the Code), adopted Ordinance 19-31 creating the OSSSBA for certain non-residential and non-institutional parcels within the area generally bounded by N.E. 186th Street, N.E. 187th Street, and N.E. 188th Street on the North, by the Oleta River on the West, by the Florida East Coast Railway on the East, and by N.E. 179th Street on the South for sewer improvements within the public right-of-way.

This amendment to the boundaries of the OSSSBA updates the parcels and associated folios that comprise the OSSSBA. Specifically, it modifies the OSSSBA to reflect that the property described by folio 30-2204-009-0100 are being added by the OSSSBA.

Pursuant to sections 18-21 and 18-14(4) of the Code, the County Mayor or County Mayor’s designee caused assessment rolls to be prepared and filed with the Clerk of the Board. Each affected property owner was notified that the special assessments, when approved and confirmed pursuant to section 18-14(6) of the Code, will be placed on the 2026 real property tax bills and that, if these special assessments are not paid when due, the properties on which the special assessments are levied will be respectively subject to the same collection procedures as for ad valorem taxes, including possible loss of title. Pursuant to section 197.3632 of the Florida Statutes and section 18-14(5) of the Code, the County is required to publicly notice the hearing regarding the adoption of the non-ad valorem assessment rolls in Special Taxing Districts. Pursuant to section 197.3632 of the Florida Statutes, the Board is required to adopt a non-ad valorem assessment roll at a public hearing held between January 1st and September 25th for any benefited area for which the rates will increase from the prior year.


Pursuant to notices published and mailed to all property owners within the OSSSBA, the Board will hold a public hearing on the modifications to the OSSSBA, and all interested persons will be afforded the opportunity to present their objections, if any, with respect to the modification to the OSSSBA. Prior to the hearing, residents of the OSSSBA will have received a required notice in the mail informing them of the public hearing. In addition, as required by law, staff will advertise the public hearing in a newspaper of general circulation.



Roy Coley
Chief Utilities and Regulatory Services Officer