Laserfiche WebLink
<br />RESOLUTION NO. 2006- 101 S <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, <br />ESTABLISHING A POLICY RELATING TO THE <br />IMPOSITION OF A SPECIAL ASSESSMENT FOR <br />CAPITAL PROJECTS; PROVIDING FOR A <br />PROCEDURE TO PERMIT THE INPUT OF <br />RESIDENTS OF THE CITY; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, under Florida law, the City Commission has the authority to impose a <br />special assessment without the consent of residents; and <br /> <br />WHEREAS, the City Commission believes that residents input is essential before <br />imposition a special assessment for a particular capital project. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Approval ofPolicv. The City Commission hereby approves a policy of the City of <br />Sunny Isles Beach to seek the input of residents before imposing a special assessment for a <br />particular capital project. The input of the residents shall be obtained through a non-binding <br />referendum which requires the participation of at least fifty percent (50%) of the affected <br />property owners who reside in the proposed special assessment area. If 50% of the affected <br />property owners registered a vote in a non-binding referendum via petition or a straw ballot, the <br />City Commission may impose a special assessment where a simple majority (50% + 1) of the <br />affected property owner votes in favor of such assessment. For example, if fifty (50) property <br />owners reside in the special assessment area, a valid referendum takes place where twenty five <br />(25) property owners have registered a vote. In the aforementioned example, a simple majority <br />consists of thirteen (13) property owners voting favor of such assessment. <br /> <br />Section 2. Approval of Procedure. The City Commission may direct the City Manager or <br />designee to seek the approval of affected property owners through a non-binding referendum <br />before recommending the imposition of a special assessment. If such direction is given by the <br />City Commission, the City Manager or designee shall do the following: <br /> <br />(I) Provide proof to the City Commission that fifty percent (50%) of the affected <br />property owners have registered a vote in the non-binding referendum via a petition or a straw <br />ballot. <br />(2) Provide proof to the City Commission that no less than a simple majority (50% + 1) <br />of the votes cast is in favor ofthe imposition of the special assessment. <br /> <br />Section 3 . <br /> <br />Effective Date. This Resolution will become effective upon adoption. <br /> <br />Page 1 of2 <br />