HomeMy WebLinkAboutReso 2006-1015
RESOLUTION NO. 2006- 101 S
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
ESTABLISHING A POLICY RELATING TO THE
IMPOSITION OF A SPECIAL ASSESSMENT FOR
CAPITAL PROJECTS; PROVIDING FOR A
PROCEDURE TO PERMIT THE INPUT OF
RESIDENTS OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, under Florida law, the City Commission has the authority to impose a
special assessment without the consent of residents; and
WHEREAS, the City Commission believes that residents input is essential before
imposition a special assessment for a particular capital project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval ofPolicv. The City Commission hereby approves a policy of the City of
Sunny Isles Beach to seek the input of residents before imposing a special assessment for a
particular capital project. The input of the residents shall be obtained through a non-binding
referendum which requires the participation of at least fifty percent (50%) of the affected
property owners who reside in the proposed special assessment area. If 50% of the affected
property owners registered a vote in a non-binding referendum via petition or a straw ballot, the
City Commission may impose a special assessment where a simple majority (50% + 1) of the
affected property owner votes in favor of such assessment. For example, if fifty (50) property
owners reside in the special assessment area, a valid referendum takes place where twenty five
(25) property owners have registered a vote. In the aforementioned example, a simple majority
consists of thirteen (13) property owners voting favor of such assessment.
Section 2. Approval of Procedure. The City Commission may direct the City Manager or
designee to seek the approval of affected property owners through a non-binding referendum
before recommending the imposition of a special assessment. If such direction is given by the
City Commission, the City Manager or designee shall do the following:
(I) Provide proof to the City Commission that fifty percent (50%) of the affected
property owners have registered a vote in the non-binding referendum via a petition or a straw
ballot.
(2) Provide proof to the City Commission that no less than a simple majority (50% + 1)
of the votes cast is in favor ofthe imposition of the special assessment.
Section 3 .
Effective Date. This Resolution will become effective upon adoption.
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Moved by:
Seconded by:
-
Vote: 4-1
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
0Yes)
!6Y es)
_(Yes)
0Yes)
-.0Yes)
_(No)
_(No)
_0No)
_(No)
_(No)
Page 2 of2
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33 160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Deparlment
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
A. John Szerlag, City Manager
Priscilla Walker, CMC, Deputy City Clerk~uJ ~
November 28, 2006
Imposition of Special Assessment for Capital Projects
At its regular meeting of November 16, 2006, the City Commission adopted Resolution No.
2006-1015, which established a policy for the imposition of a special assessment for capital
projects. Attached is a copy of the approving resolution for your files.
Thank you.
:pw
Attachments
cc: Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager/Services
Doug Haag, Assistant City Manager/Finance
Special Assessment For Capital Projects Memo