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, , Special Assessment Report City of Sunny Isles Beach, Florida Special assessments are burdens imposed on property by local governments for funding particular services, systems and facilities. They confer a special benefit to the burdened property and are reasonably and fairly apportioned. In contrast, a tax confers a general, community-wide benefit. Special assessments do not impact a local government's millage rate or require that its adoption be put to a referendum vote. LEGAL GUIDELINES According to Chapter 170 of the Florida Statutes, the City has authority to provide the Collins Avenue streetscape improvements and collect a special assessment from the benefited property. Special assessments shall be levied on benefited property at a rate based on the special benefit accruini~ to the property from the planned improvements. The improvements must provide a benefit that is different in type or degree from benefits provided to the community as a whole. There are two important legal guidelines that will ensure the City of Sunny Isles Beach has established a valid special assessment. First, the City should establish that the planned improvements provide a special benefit to the assessed property. Second, the assessment on benefited property should be reasonably and fairly apportioned. The first guideline may be satisfied by showing that the planned streetscape improvements will add to the market value of the property along Collins Avenue. Landscaping, attractive street lighting and signilge, street furniture and pedestrian safety improvements will clearly make Collins Avenue a more desirable business location and a more livable environment for both msidents and sea:50nal visitors. Streetscape improvements along Collins Avenue will provide added use and enjoyment of this focal pOint for the community. The replacement of oVerhEJad lines with new underground utilities will also provide special benefit to abutting properties through mOrt3 reliable electric, telephone and cable TV service. The project is consistent with the Comprehensive Plan. It promotes public safety by removing the danger of downed power lines i'rom heavily traveled Collins Avenue, especially during hurricane evacuations. The streetscape improvements will also promote economic development within the City. Because apportionment must bear a reasonable and fair relation to the special benefits that accrUE', TA will discuss the strengths and weaknesses of various assessment methodologies to help the City of Sunny Isles Beach in the decision making process. The City may also partiCipate to the extentthat some improvements may more fairly benefit the entire City. For example, the provisfon of underground utilities clearly provides a direct or special benefit to the property owners served by the utilities. If the City narrowly defined the benefit area to properties directly connected to the underground utilities, then the property owners in the speciai assessment area would pay approximately 43% of the total cost of streetscape improvements. As explained further in the next section, this percentage is base solely on the cost of providing un,jerground utilities.