TITLE
ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, GENERALLY BOUNDED ON THE NORTH BY THEORETICAL SW 215 STREET, ON THE EAST BY SW 110 AVENUE, ON THE SOUTH BY SW 216 STREET (HAINLIN DRIVE), AND ON THE WEST BY THEORETICAL SW 110 PLACE, KNOWN AND DESCRIBED AS PALM BAY SOUTH MULTIPURPOSE MAINTENANCE 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 BY VARIOUS PUBLIC IMPROVEMENTS; AND PROVIDING FOR EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of 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 Palm Bay South Multipurpose Maintenance 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 Theoretical SW 215 Street, on the east by SW 110 Avenue, on the south by SW 216 Street (Hainlin Drive), and on the west by Theoretical SW 110 Place, and located entirely within Commission District 9, are as follows:
Parcel of land lying in Section 7, Township 56 South, Range 40 East, Miami-Dade County, Florida (a.k.a. Palm Bay South, Tentative Plat No. T-25126; being more particularly described as follows:

Parcel 1:
The North 25.00 feet of the West 208.00 feet of the East 233.00 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ of said Section 7.

And
Parcel 2:
The East 25.00 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼, less the South 205.00 feet, of said Section 7.

And
Parcel 3:
Parcel G: The West 52.40 feet (more or less) of the East 77.40 of the North 160.00 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼, less the North 25.00 feet thereof for road, of said Section 7.

And
Parcel 4:
Parcel F: The East 52.10 feet of the West 582.60 feet of the North 160.00 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ less the North 25.00 feet thereof for Road, of said Section 7.

And
Parcel 5:
Parcel E: The East 104.20 feet of the West 530.50 feet of the North 160.00 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼, less the North 25.00 feet thereof for Road, of said Section 7.

And

Parcel 6:
The East 233.00 feet of the South 170.00 feet of the South ½ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼, less the East 25.00 feet and Less the South 75.00 feet thereof for Right-of-Way, of said Section 7.

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:
Maintenance of landscaped swales, medians, common areas, 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 community development district (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. Services will commence following failure of any association or CDD to provide these services, and upon adoption of the Special Taxing District’s multipurpose maintenance preliminary assessment roll. Other maintenance services may be provided in the future as specified in the Special Taxing District’s ordinance and amendments thereto.

Section 5. The estimated cost to the property owners for the multipurpose maintenance services and operations by the Special Taxing District, if activated, including engineering, administration, billing, collecting and processing for the first year will be $51,606.50 ($1.8891 per assessable square foot) and $37,853.11 ($1.3856 per assessable square foot) for the second year. The petitioner is responsible for the estimated administrative costs for the first year in the amount of $8,743.50. 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. 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.

Section 8. 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.

Section 9. In the event that the Special Taxing District is 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 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 10. 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 11. 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 12. 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 Palm Bay South Multipurpose Maintenance 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), Florida, for 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 Palm Bay South Multipurpose Maintenance Special Taxing District (Special Taxing District). The multipurpose maintenance program will remain dormant until such time as any association or community development district (CDD) fails to provide the required maintenance services.

Scope
This proposed Special Taxing District lies within Commission District 9, which is represented by Vice Chairman Kionne L. McGhee, and will provide multipurpose maintenance services, if and when necessary.

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

The economic impact on the private sector will be a perpetual annual special assessment for the cost of maintenance services to all property owners within the Special Taxing District, if and when necessary.

At this time, there will be no increase or decrease in County staffing due to this Special Taxing District. The private sector may increase its 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 maintenance in the event that a community development district (CDD) or association fails to provide the required services.

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 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, 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 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, and in the event any association or CDD fails to provide maintenance services, 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.

Boundaries: On the North, Theoretical SW 215 Street;
On the East, SW 110 Avenue;
On the South, SW 216 Street (Hainlin Drive);
On the West, Theoretical SW 110 Place.

Number of Parcels: 1 (Tentative plat proposes 20 Residential Units).

Number of Owners: 1

Number of Owners with Homestead
Exemption Signing Petition None – Palm Bay South, LLC., the sole property
owner and developer.

Preliminary Public Meeting: None necessary.

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.


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: In the event any association or CDD fails to provide the maintenance services shown below, and contingent upon Board approval of this Special Taxing District’s creating ordinance, a hearing to adopt the multipurpose maintenance assessment roll will be conducted. The implementation of the assessment roll will be in accordance with the procedures defined in Chapter 18 of the Code.

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. Services will commence following failure of any association or CDD to provide these services, and upon adoption of the Special Taxing District’s multipurpose maintenance preliminary assessment roll.

Estimated Initial Billing: Assessment billed annually as an itemized portion of the Real Property tax bill. Collection to commence in November following adoption of this Special Taxing District’s assessment roll.

Initial Start of Service: October 1st following cessation of maintenance services by the developers and failure of any association or CDD to provide services.

Estimated Total District Costs: First Year Second Year
$51,606.50 $37,853.11

Method of Apportionment: Square Footage

Estimated Annual District Assessments: First Year Second Year
Per Assessable Square Foot: $1.8891 $1.3856
For Tract A: $51,606.50 $37,853.11

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. Actual costs for multipurpose maintenance services will be determined at the time of the assessment roll hearing.

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 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 section 18-22.1 of the Code.

Attachment




Roy Coley
Chief Utilities and Regulatory Services Officer