C7C - Accept Sunset Islands 3 & 4 Improvements

Resolutions - C7 C

C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING AS COMPLETE THE IMPROVEMENTS CONSTRUCTED PURSUANT TO THAT CERTAIN SPECIAL ASSESSMENT DISTRICT KNOWN AS THE "THE SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT," PURSUANT TO SECTION 170.09, FLORIDA STATUTES. Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (City Commission) adopt the Resolution.

BACKGROUND/HISTORY

On February 20, 2002, the City Commission adopted Resolution No. 2002-24761, authorizing the City Administration and City Attorney' s Office to proceed with the creation of a special assessment district (Exhibit A), pursuant to Chapter 170, Florida Statutes, for the purpose of funding the undergrounding of overhead utility lines on Sunset Islands 3 & 4 (the "District").

On February 8, 2012, the City Commission adopted Resolution No. 2012-27842, which, among other things, approved and allowed the Sunset Islands 3 & 4 Homeowners Association ("HOA") to proceed with the election requirement imposed by the City Commission in or about 2002, which requires that, as a condition precedent to the final establishment of the District, at least sixty percent (60%) of the benefitted property owners within the District vote in favor of its establishment and the levying of special assessments to fund the costs of the undergrounding of overhead utilities.

In 2012, eighty-one percent (81%) of the homeowners on Sunset Islands 3 & 4 voted in favor of funding the undergrounding of overhead utilities through the creation, by the City Commission, of the District. Chapter 170, Florida Statutes, authorizes the City to create a special assessment district to fund the undergrounding of electrical, Florida Power and Light (FPL), telephone, AT&T (ATT), and cable television, Atlantic Broadband (ABB), services, pursuant to voluntary agreements with the utilities. The City provided advanced funding for the undergrounding work and executed agreements with each utility company based on each company's binding estimate. The City is to be reimbursed through the levying and collection of special assessments from the District.

On September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28749, pursuant to Request for Proposals No 2014-051- SR, authorizing the Mayor and City Clerk to execute an agreement with Ric-Man International, Inc., for the Neighborhood No. 8: Sunset Islands 3 & 4 Right-of-Way Infrastructure Improvements Project. The scope of work included right- of-way improvements, as well as the installation of conduits and related components for the future undergrounding of franchise utilities.

ANALYSIS

On October 14, 2015, the City Commission adopted Resolution No. 2015-29180, creating, pursuant to Chapter 170, Florida Statutes, a special assessment district to be known as the Sunset Islands 3 & 4 Utility Improvement District, for a term of ten ( 10) years, to fund the undergrounding of utilities on Sunset Islands 3 & 4, at an estimated cost of $ 2,412,398. The Resolution also provided for (1) the levy and collection of special assessments to fund the improvements; (2) the manner in which such special assessments shall be made; (3) when such special assessments shall be made; (4) designating the lands upon which the special assessments shall be levied; (5) for publication of this Resolution; and (5) authorizing related actions.

The City executed agreements with each of the three utility companies, FPL, ATT and ABB (now serviced by Breezeline). The undergrounding of the overhead utility lines by the respective utility companies commenced after the completion of the neighborhood improvement project.

In September of 2025, the undergrounding and relocation project of electrical, telephone, and cable television within the District was completed. Pursuant to section 170.09 Florida Statute, the Mayor and City Commission must accept the project as complete, by Resolution, in order to begin collection of the aforementioned special assessment. This action formally completes the project. The improvements are in place and the aboveground utilities and poles have been removed.

The cost of the undergrounding project is based on the binding estimates provided by the respective utility companies (FPL, ATT, and ABB) to the City. The total cost associated with the undergrounding of the franchise utilities includes the amounts set forth in the binding estimates, costs for the City's contractor to install the infrastructure conduits and related components, project management fees, financing costs, and the City's administrative fees which total $2,412,398.

The City obtained a bank loan to fund this project. No general fund revenues or reserves were used for this project. When the City Commission adopted the Resolution to create the District, the Administration began to secure financing for the project.

Funding allocated pursuant to this assessment has been fully expended and the collection of the assessment fees is now required to meet the associated debt service obligations.

FISCAL IMPACT STATEMENT

Upon approval by City Commission of this resolution confirming project completion, the City may proceed with the levy and collection of assessments, from property owners within the District, in the amount of $2,412,398.

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

N/A

CONCLUSION

The Administration recommends that the City Commission adopt the Resolution.

Applicable Area

Middle Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Capital Improvement Projects

Sponsor(s)

Co-sponsor(s)

Condensed Title

Accept Improvements, Sunset Islands 3 & 4 Utility Improvement District. CIP

Previous Action (For City Clerk Use Only)

RESOLUTION NO. _ _ _ _ _ _

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING AS COMPLETE THE IMPROVEMENTS CONSTRUCTED PURSUANT TO THAT CERTAIN SPECIAL ASSESSMENT DISTRICT KNOWN AS THE "THE SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT," PURSUANT TO SECTION 170.09, FLORIDA STATUTES.

WHEREAS, on February 20, 2002, the City Commission adopted Resolution No. 2002- 24761 , authorizing the City Administration and City Attorney' s Office to proceed with the creation of a special assessment district, pursuant to Chapter 170, Florida Statutes, for the purpose of funding the undergrounding of overhead utility lines on Sunset Islands 3 & 4 (the "District"); and

WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012- 27842, which , among other things, approved and allowed the Sunset Islands 3 & 4 Homeowners Association ("HOA") to proceed with the election requirement imposed by the City Commiss ion in or about 2002, which requires that, as a condition precedent to the final establishment of the District, at least sixty percent (60%) of the benefitted property owners within the District vote in favor of its establishment and the levying of special assessments to fund the costs of the undergrounding of overhead utilities; and

WHEREAS, in 2012, eighty-one percent (81 %) of the homeowners on Sunset Islands 3 & 4 voted in favor of funding the undergrounding of overhead utilities through the creation, by the City Commission, of the District. Chapter 170, Florida Statutes, authorizes the City to create a special assessment district to fund the undergrounding of electrical , Florida Power and Light (FPL), telephone, AT&T (ATT), and cable television , Atlantic Broadband (ABB), services, pursuant to voluntary agreements with the utilities; and

WHEREAS, the City provided advanced funding for the undergrounding work and executed agreements with each utility company based on each company's binding estimate. The City is to be reimbursed through the levying and collection of special assessments from the District; and

WHEREAS, on September 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28749, pursuant to Request for Proposals No 2014-051- SR, authorizing the Mayor and City Clerk to execute an agreement with Ric-Man International, Inc., for the Neighborhood No. 8: Sunset Islands 3 & 4 Right-of-Way Infrastructure Improvements Project, the scope of work included right-of-way improvements, as well as the installation of conduits and related components for the future undergrounding of franchise utilities; and

WHEREAS, on October 14, 2015, the City Commission adopted Resolutio n No. 2015- 29180, creating, pursuant to Chapter 170, Florida Statutes, a special assessment district to be known as the Sunset Islands 3 & 4 Utility Improvement District, for a term of ten (10) years, to fund the undergrounding of utilities on Sunset Islands 3 & 4, at an estimated cost of$ 2,412,398 . The Resolution also provided for (1) the levy and collection of special assessments to fund the improvements; (2) the manner in which such special assessments shall be made; (3) when such special assessments shall be made; ( 4) designating the lands upon which the special assessments shall be levied; (5) for publication of this Resolutio n; and (6) authorizing related actions; and

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

WHEREAS, the City executed agreements with each of the three utility companies, FPL, ATT and ABB (now serviced by Breezeline), the undergrounding of the overhead utility lines by the respective utility companies commenced after the completion of the neighborhood improvement project; and

WHEREAS, in September of 2025, the undergrounding and relocation project of electrical, telephone, and cable television utilities within the District was completed and, pursuant to Section 170.09, Florida Statutes, the Mayor and City Commission must accept the project as complete, by Resolution, in order to begin collection of the aforementioned special assessment; and

WHEREAS, this action formally completes the project, the improvements are in place, and the aboveground utilities and poles have been removed ; and

WHEREAS, the City obtained a bank loan to fund this project, no general fund revenues or reserves were used for this project. When the City Commission adopted the Resolution to create the District, the Administration began to secure financing for the project; and

WHEREAS , funding allocated pursuant to this assessment has been fully expended and the collection of the assessment fees is now required to meet the associated debt service obligations; and

WHEREAS, upon approval by City Commission of this Resolution confirming project completion, the City may proceed with the levy and collection of assessments, from property owners within the District, in the amount of $2,412,398.

NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept as complete the improvements constructed pursuant to that certain special assessment district known as the "the Sunset Islands 3 & 4 Utility Improvement District," pursuant to Section 170.09, Florida Statutes.

PASSED and ADOPTED this _ _ day of _ _ _ _ _ _ , 2025.

ATTEST:

Steven Meiner, Mayor

Rafael E. Granado, City Clerk

APPROVED AS TO FORM AND LANGUAGE & F( Z ;CUTION

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City Attorney l)\:-.

Date