HomeMy WebLinkAboutOrdinance 2007-285
ORDINANCE NO. 2007-2E5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, REGARDING ATLANTIC
ISLE NON-AD VALOREM SPECIAL ASSESSMENTS;
PROVIDING FOR AUTHORITY; PROVIDING FOR
LEGISLATIVE FINDINGS; PROVIDING FOR ORDINANCE AS
ALTERNATIVE METHOD; PROVIDING FOR DEFINITIONS;
PROVIDING FOR RULES OF CONSTRUCTION ; CREATING
ATLANTIC ISLE BENEFIT AREA; AUTHORIZING
IMPOSITION OF ASSESSMENTS; PROVIDING FOR A
PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR
NOTICE OF EQUALIZATION HEARING; PROVIDING FOR
EQUALIZATION HEARING AND ADOPTION OF FINAL
ASSESSMENT RESOLUTION; PROVIDING FOR EFFECT OF
ADOPTION OF FINAL ASSESSMENT RESOLUTION;
PROVIDING FOR PREPAYMENT; PROVIDING FOR LIENS;
PROVIDING FOR REVISIONS; PROVIDING FOR A
PRESUMPTION OF VALIDITY; PROVIDING FOR
CORRECTIONS; PROVIDING FOR COLLECTION METHODS;
PROVIDING RESPONSIBILITY FOR ENFORCEMENT;
PROVIDING FOR RELEASE OF LIENS; PROVIDING FOR
LIBERAL CONSTRUCTION AND SEVERABILITY; PROVIDING
FOR TRANSMITTAL TO THE SECRETARY OF STATE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission (the "Commission") of the City of Sunny Isles
Beach, Florida is considering the imposition of special assessments to fund the cost of providing
sanitary sewer improvements and associated road improvements ("sanitary sewer
improvements") to benefit and serve properties located on Atlantic Isle; and
WHEREAS, the Commission has adopted a Resolution declaring its intent to levy non-
ad valorem special assessments on property on Atlantic Isle to be benefited by the construction
of sanitary sewer improvements serving such property and has published said resolution; and
WHEREAS, the Commission has caused a Preliminary Assessment Roll to be prepared
indicating the property to be assessed and the amount to be assessed to each property; and
WHEREAS, the Commission has provided for public inspection an assessment plat,
plans and specifications, and an estimated cost for the improvements at the office of the City
Clerk; and
WHEREAS, the Commission has advertised and held a public hearing on this ordinance
as well as the proposed improvements, funding of the project costs, and imposition of special
assessments on benefited property to fund a portion of the project costs;
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authoritv. This Ordinance is enacted pursuant to Chapter 170, Florida Statutes,
and the municipal home rule powers granted under Section 2(b), Article VIII of the Constitution of
the State of Florida and Florida Statutes ch. 166, pts. I and III.
Section 2. Let:dslative Findin2s.
(A) The City Commission has determined that the provlSlon of sanitary sewer service to
properties on Atlantic Isle (also known as Atlantic Island) located within the municipal boundaries
of the City is in the public interest and is in the best interests of the health, safety and welfare of the
City. Such sanitary sewer service will be made available through the construction of sewer laterals
and collection lines, manholes, force main, pumping or lift station, and associated road
improvements.
(B) The City Commission has determined that the Atlantic Isle sanitary sewer improvements
will be funded by a combination of non-ad valorem special assessments imposed on the properties
benefited by the sanitary sewer improvements and other lawfully available funds of the City.
(C) The City Commission has the legal authority to levy non-ad valorem special assessments on
benefited properties pursuant to Chapter 170, Florida Statutes, and its municipal home rule powers
under the Florida Constitution and statutes.
(D) The City Commission hereby finds and determines that the provision of sanitary sewer
service to properties on Atlantic Isle provides direct and special benefit to such properties and that
the imposition of a special assessment to fund a portion of the costs of the sanitary sewer
improvements is authorized and appropriate. A sanitary sewer system, by its nature, provides
special benefit to those properties that can be served by the system. Such special benefit is provided
to vacant property as well as developed property and is not limited by the existing development/use
of the property.
(E) The City Commission hereby finds and determines, based upon the system design provided
by the project engineers, Calvin, Giordano & Associates, Inc., and information in the "Atlantic Isle
Assessment Methodology Report", by TischlerBise, Inc. and Susan Schoettle-Gumm, PLLC, that
the special benefit to each benefited Parcel is equivalent to the number of sanitary sewer lateral
connections constructed by the City to serve that Parcel. The total number of sanitary sewer lateral
connections is a reasonable and appropriate basis for allocating the portion of the project costs to be
collected through special assessments.
Section 3. Ordinance as Alternative Method. This Ordinance shall be deemed to provide an
additional and alternative method for the doing of the things authorized hereby and shall be
regarded as supplemental and additional to powers conferred by other laws, and shall not be
regarded as in derogation of any powers now existing or which may hereafter come into existence.
The adoption of a Final Assessment Resolution and/or Final Assessment Roll concurrent with
adoption of this Ordinance or prior to this Ordinance becoming effective shall not impair or
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otherwise modify the effect or finality of the Final Assessment Resolution or Final Assessment
Roll.
Section 4. Definitions. When used in this Ordinance, the following terms shall have the
following meanings, unless the context clearly requires otherwise:
Assessment means a non-ad valorem special assessment imposed by the City to fund the
Capital Cost and related expenses of design, engineering, permitting and construction of sanitary
sewer facilities serving property on Atlantic Isle and the cost of financing. The Assessment may
include any amounts necessary to reimburse the City for funds advanced for the Capital Cost and
for interest on any interfund or intrafund loan(s) made for such purposes; any costs of providing
notices of hearings or assessments; any costs of collection of assessments, and any charges by the
Miami-Dade County Tax Collector or Miami-Dade County Property Appraiser.
Assessment Coordinator means the person appointed to administer the Assessments imposed
pursuant to this Ordinance, or such person designated by the City Manager.
Assessment Plat means the map and/or drawing(s) on file with the City Clerk and open to
the inspection of the public depicting the parcels on Atlantic Isle and the sewer laterals planned for
construction to serve such parcels. The Assessment Plat as described in this ordinance and in any
other official documents related to the Atlantic Isle special assessments is provided solely to meet
the requirements of Section 170.04, Florida Statutes, and shall not be considered a plat as defined in
Chapter 177, Florida Statutes.
Assessed Cost means the portion of the sanitary sewer improvements project costs the City
includes in the calculation of the Assessments. Assessed Costs may include, but are not limited to,
all expenses that are properly attributable to land acquisition for and the design, construction
(including reasonable contingencies for construction cost increases and change orders), installation,
reconstruction, acquisition, and renewal or replacement (including, but not limited to, demolition,
environmental mitigation and relocation) of Improvements, as defined herein, under generally
accepted accounting principles and that are, under such principles, properly chargeable to the capital
account of such Improvement.
Assessment Roll or Final Assessment Roll means the special assessment roll relating to the
sanitary sewer improvements serving property on Atlantic Isle, as approved by resolution pursuant
to Sections 10 and 11 in this Ordinance.
Benefit Area means the area including all the Parcels served or capable of being served by
the lateral sanitary sewer connections constructed on Atlantic Isle.
Benefit Unit means the apportionment unit utilized to determine the Assessment for each
Parcel. The Benefit Unit for purposes of the Assessments is a lateral sewer connection which
provides or is capable of providing sanitary sewer service to the benefited Parcel. Each lateral
sewer connection constitutes one Benefit Unit. If two lateral sewer connections are provided to a
Parcel with a single property folio number as identified in the records of the Property Appraiser,
that Parcel shall be allocated two Benefit Units and shall pay an assessment for each Benefit Unit.
City means the City of Sunny Isles Beach, Florida.
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Clerk means the City Clerk of the City of Sunny Isles Beach, Florida.
Commission means the City Commission of the City of Sunny Isles Beach, Florida.
Final Assessment Roll means the special assessment roll relating to the sanitary sewer
improvements serving property on Atlantic Isle, as approved by resolution pursuant to Sections 10
and 11 hereof.
Fiscal Year means the period commencing on October 1 of each year and continuing
through the next succeeding September 30, or such other period as may be prescribed by law as the
fiscal year for the City.
Government Property means property owned by the United States of America, the State of
Florida, a county, a special district, a municipal corporation, or any of their respective agencies or
political subdivisions.
Improvement or Improvements means the sanitary sewer improvements, and all necessary
and related improvements, including road restoration associated with installation of the sanitary
sewer facilities, constructed or installed by the City to provide sanitary sewer facilities serving
properties on Atlantic Isle. Improvements includes, but is not limited to, collection lines, manholes,
laterals, force main, lift or pump stations, road restoration and any other related improvements.
Ordinance means this Special Assessment Ordinance.
Parcel means each tract of land located within the Benefit Area as identified by a single,
unique Folio Number in the records of the Property Appraiser.
Property Appraiser means the Miami-Dade County Property Appraiser.
Resolution of Intent means the resolution, as required by the Uniform Assessment Collection
Act, expressing the Commission's intent to collect Assessments on the ad valorem tax bill.
Tax Collector means the Miami-Dade County Tax Collector.
Tax Roll means the real property ad valorem tax assessment roll maintained by the Property
Appraiser for the purpose of the levy and collection of ad valorem taxes.
Uniform Assessment Collection Act means Florida Statutes SS 197.3632 and 197.3635, or
any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as
ad valorem taxes, and any applicable regulations promulgated thereunder.
Section 5. Rules of Construction. Unless the context indicates otherwise, words importing the
singular number include the plural number and vice versa; the terms "hereof," "hereby," "herein,"
"hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means
after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any
gender include the correlative words of the other genders, unless the sense indicates otherwise.
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Section 6. Creation of Atlantic Isle Benefit Area. The Commission hereby creates the
Atlantic Isle Benefit Area. The Benefit Area encompasses those Parcels specially benefited by the
sanitary sewer improvements ("Improvements") to be partially funded from the proceeds of
Assessments to be imposed therein. The Atlantic Isle Benefit Area includes all Parcels in Atlantic
Isle capable of being served by the Improvements. An assessment plat depicting the Parcels to be
assessed within the Atlantic Isle Benefit Area is available for public inspection at the office of the
City Clerk.
Section 7. Authorizin2 Imposition of Assessments. The Commission hereby authorizes the
imposition of Assessments against benefited Parcels located within the Atlantic Isle Benefit Area to
fund the Capital Cost of the Improvements serving property on Atlantic Isle. The Assessment has
been computed in a manner that fairly and reasonably apportions the Capital Cost of the
Improvements proportionate to the special benefit among the Parcels of property within the Benefit
Area, based upon objectively determinable Benefit Units related to the use, potential use, or
physical characteristics of the Parcels. The City may use revenue from the collection of
Assessments to directly fund the Improvements or to refund other "revenues of the City advanced to
fund the Improvements.
Section 8. Preliminary Assessment Roll.
(A) Prior to or after adoption of this Ordinance, the Assessment Coordinator shall prepare, or have
prepared, a Preliminary Assessment Roll that contains the following information:
(1) the Parcels of land to be assessed identified by the folio number shown in the
records of the Property Appraiser;
(2) the name of the owner of record of each Parcel, as available III the Property
Appraiser's public records;
(3) the number of Benefit Units attributable to each Parcel as the measure of benefit to
each such Parcel;
(4) the total Assessment levied on each Parcel; and
(5) the number of annual installments into which the Assessment is divided and will be
collected.
(B) Copies of the Preliminary Assessment Roll shall be on file in the office of the City Clerk and
open to public inspection. Copies of the plans and specifications, estimated cost, and an assessment
plat showing the area to be assessed shall also be available in the office of the City Clerk and open
to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in
printed form if the amount of the total Assessment and annual installment for each Parcel can be
determined or produced by use of a computer terminal.
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Section 9. Notice of Equalization Hearin2.
(A) After preparing the Preliminary Assessment Roll, the Assessment Coordinator or the City
Clerk shall publish notice stating that at a meeting of the Commission, the Commission will hear
testimony from all interested persons as to the propriety and advisability of making the Atlantic Isle
sanitary sewer improvements, the cost of such Improvements, the manner of paying for the
Improvements, funding of such Improvements with special assessments on property, and the
amount to be assessed against each benefited Parcel. Notice of this Equalization Hearing shall be
published twice in a newspaper of general circulation within Miami-Dade County. The second
notice shall be published at least one week prior to the hearing date. This notice may be combined
with publication of the Resolution Declaring Special Assessments as required under Section 170.05,
Florida Statutes, so long as the requirements of Section 170.07, Florida Statutes, are also fulfilled.
Publication of notice of the hearing on the proposed Atlantic Isle Assessments shall be verified by
the affidavit of the publisher, which affidavit shall be filed with the City Clerk.
(B) In addition to the published notice required by Subsection (A) above, the Assessment
Coordinator or the City Clerk shall provide notice of the proposed Assessment and Equalization
Hearing by first class mail to the owner of each Parcel subject to the Assessment. The mailed notice
shall conform to the requirements set forth in the Uniform Assessment Collection Act and Florida
Statutes Chapter 170. Notice shall be mailed at least 30 calendar days prior to the hearing to each
Parcel owner at such address as is shown in the public records of the Property Appraiser on the
forty-fifth calendar day prior to the date of mailing, or if such address is not publicly available, at
the street address of the assessed Parcel. Notice shall be deemed mailed upon delivery thereof to
the possession of the U.S. Postal Service. The Assessment Coordinator or the City Clerk may
provide proof of such notice by affidavit.
Section 10. Equalization Hearin2 and Adoption of Final Resolution. At the date and time
named in such notice, or to which an adjournment or continuance may be taken, the Commission
shall receive written objections and hear testimony of interested persons and may then, or at any
subsequent meeting of the Commission, adopt the Final Assessment Resolution which shall: (A)
confirm, modify or repeal the Preliminary Assessment Roll with such amendments, if any, as may
be deemed appropriate by the Commission; (B) establish the maximum amount of the Assessment
for each Benefit Unit; (C) approve the Final Assessment Roll, with such amendments as it deems
just and right; and (D) determine the method of collection. The Final Assessment Roll, as approved
by the Final Assessment Resolution, shall be delivered to the Assessment Coordinator or the Tax
Collector, as appropriate under the collection methodes) determined by the Commission.
Section 11. Effect of Adoption of Final Assessment Resolution. The adoption of the Final
Assessment Resolution shall be the final adjudication of the issues presented (including, but not
limited to, the apportionment methodology, the rate of assessment, the adoption of the Assessment
Roll and the levy and lien of the Assessments), unless proper steps are initiated in a court of
competent jurisdiction to secure relief within 30 days from the date of Commission adoption of the
Final Assessment Resolution. Adoption of the Final Assessment Resolution prior to the effective
date of this Ordinance shall not impair or modify the finality or effect of the Final Assessment
Resolution.
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Section 12. Prepayment of Assessments.
(A) The Assessment imposed against any Parcel of property to fund the Improvements may be
prepaid as provided for in the Final Assessment Resolution.
(B) At the City's election, the Assessment imposed against any Parcel may be subject to
acceleration and mandatory prepayment if at any time the payment of the Assessment or any
installment thereof, becomes delinquent or a tax certificate has been issued and remains outstanding
in respect of such Parcel. In such event, the mandatory prepayment shall become immediately due
and payable and subject to foreclosure, and the amount thereof shall be the same as that required for
an optional prepayment authorized by the Final Assessment Resolution, together with any penalties
thereon and all legal costs incurred in the collection thereof. Interest costs on the Assessment shall
continue to accrue until the Assessment is paid in full. Any foreclosure action against such property
which is the subject of a delinquent Assessment shall be conducted in a method now or hereafter
provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law.
(C) The amount of all prepayments computed in accordance with the Final Assessment Resolution
shall be final. The City shall not be required to refund any portion of a prepayment if annual
Assessments will not be imposed for the full number of years anticipated at the time of such
prepayment.
Section 13. Lien of Assessments. Immediately upon adoption of the Final Assessment
Resolution, the total Assessment, including interest, shall attach to the Parcels included on the Final
Assessment Roll and shall constitute, and shall remain until paid, a lien against the assessed
property coequal in rank and dignity with the lien of all state, county, district and municipal taxes
and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be
superior in dignity to all other liens, titles and claims, until paid. The lien shall be deemed perfected
on the date a general notice of the lien resulting from imposition of the Assessments is recorded in
the Official Records of Miami-Dade County, Florida.
Section 14. Revisions to Assessments. If any Assessment made under the provisions of this
Ordinance is either in whole or in part annulled, vacated or set aside by the judgment of any court,
or if the Commission is satisfied that any such Assessment is so irregular or defective that the same
cannot be enforced or collected, or if the Commission has omitted to include any property on the
Assessment Roll which property should have been so included, the Commission may take all
necessary steps to impose a new Assessment against any property specially benefited by the,
following as nearly as may be practicable, the provisions of this Ordinance and in case such second
Assessment is annulled, the Commission may obtain and impose other Assessments until a valid
Assessment is imposed.
Section 15. Presumption ofValiditv. Any informality or irregularity in the proceedings in
connection with the levy of any Assessment under the provisions of this Ordinance shall not affect
the validity of the same after the approval thereof, and any Assessment as finally approved shall be
competent and sufficient evidence that such Assessment was valid and duly levied, that the
Assessment was duly made and adopted, and that all other proceedings adequate to such
Assessment were duly had, taken and performed as required by this Resolution; and no variance
from the directions hereunder shall be held material unless it be clearly shown that the party
7
objecting was materially injured thereby. Any party objecting to an Assessment imposed pursuant
to this Ordinance must file an objection with a court of competent jurisdiction within the time
period prescribed in Section 11 herein.
Section 16. Correction of Errors and Omissions.
(A) No act of error or omission on the part of the Commission, Assessment Coordinator, City
Clerk, Property Appraiser, Tax Collector, or their deputies, employees, designees or independent
contractors, shall operate to release or discharge any obligation for payment of any Assessment
imposed by the Commission under this Ordinance.
(B) The number of Benefit Units attributed to a Parcel may be corrected at any time by the
Assessment Coordinator. Any such correction which reduces an Assessment shall be considered
valid from the date on which the Assessment was imposed and shall in no way affect the
enforcement of the Assessment imposed under the provisions of this Ordinance. Any such
correction which increases an Assessment or imposes an Assessment on an omitted Parcel shall first
require notice to the affected owner at the address shown in the public records of the Property
Appraiser notifying the owner of the date, time and place that the Commission will consider
confirming the correction and offering the owner an opportunity to be heard.
(C) If the City collects the Assessments pursuant to the Uniform Assessment Collection Act, after
the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform
Assessment Collection Act, any changes, modifications or corrections thereto shall be made in
accordance with the procedures applicable to errors and insolvencies for ad valorem taxes.
Section 17. Method of Collection.
(A) The City may elect to collect the Assessments by any method which is authorized by law,
including the Uniform Assessment Collection Act, or as provided by this subsection as follows:
(1) The City may provide Assessment bills by first class mail to the owner of each
benefited Parcel, other than Government Property. The bill or accompanying explanatory material
shall include: (a) a brief explanation of the Assessment, (b) a description of the Benefit Units used
to determine the amount of the Assessment, (c) the number of Benefit Units attributable to the
Parcel, (d) the total amount of the Parcel's Assessment for the appropriate period, (e) the location at
which payment will be accepted, (f) the date on which the Assessment is due, and (g) a statement
that the Assessment constitutes a lien against assessed property equal in rank and dignity with the
liens of all state, county, district or municipal taxes and other non-ad valorem assessments.
(2) The assessments confirmed by the Commission by adoption of the Final Assessment
Resolution shall be recorded by the City Clerk in a special book to be known as the "Atlantic Isle
Improvement Lien Book". A general notice of the lien resulting from imposition of the
Assessments shall be recorded in the Official Records of Miami-Dade County, Florida. Nothing
herein shall be construed to require that individual liens or releases be filed in the Official Records.
(3) The City shall have the right to appoint or retain an agent to foreclose and collect all
delinquent Assessments in the manner provided by law. An Assessment shall become delinquent if
it is not paid within 30 days from the due date. The City or its agent shall notify any property owner
8
who is delinquent in payment of an Assessment within 60 days from the date such Assessment was
due, or, in any event, not less than 30 days prior to initiation of foreclosure proceedings. Such notice
shall state in effect that the City or its agent will initiate a foreclosure action and cause the
foreclosure of such property subject to a delinquent Assessment in a method now or hereafter
provided by law for foreclosure of mortgages on real estate, or otherwise as provided by law.
(4) All costs, fees and expenses, including reasonable attorney fees and title search
expenses, related to any foreclosure action as described herein shall be included in any judgment or
decree rendered therein. At the sale pursuant to decree in any such action, the City may be the
purchaser to the same extent as an individual person or corporation. The City may join in one
foreclosure action the collection of delinquent Assessments against any or all property assessed in
accordance with the provisions hereof. All delinquent property owners whose property is
foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by
the City and its agents, including reasonable attorney fees, in collection of such delinquent
Assessments and any other costs incurred by the City as a result of such delinquent Assessments
including, but not limited to, costs paid for draws on a credit facility and the same shall be
collectible as a part of or in addition to, the costs of the action.
(5) In lieu of foreclosure, any delinquent Assessment and the costs, fees and expenses
attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided
however, that (1) notice is provided to the owner in the manner required by law and this Ordinance,
and (2) any existing lien of record on the affected Parcel for the delinquent Assessment is
supplanted by the lien resulting from certification of the Assessment Roll to the Tax Collector.
(B) The City may collect Assessments pursuant to the Uniform Assessment Collection Act, and
the City shall comply with all applicable provisions thereof, including but not limited to: (1)
entering into a written agreement with the Property Appraiser and the Tax Collector for
reimbursement of necessary expenses, and (2) adopting a Resolution of Intent after publishing
weekly notice of such intent for four consecutive weeks preceding the hearing. The Resolution of
Intent may be adopted either prior to or following the Initial or Final Assessment Resolution;
provided however, that the Resolution of Intent must be adopted prior to January 1 (March 1 with
consent of the Property Appraiser and Tax Collector) of the year in which the Assessments are first
collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be
combined with any other hearing or notice required by the Uniform Assessment Collection Act.
Section 18. Responsibilitv for Enforcement. The City and its agent, if any, shall maintain
the duty to enforce the prompt collection of Assessments by the means provided herein. The duties
related to collection of Assessments may be enforced at the suit of any holder of Obligations in a
court of competent jurisdiction by mandamus or other appropriate proceedings or actions.
Section 19. Release of Lien. Upon payment of the entire Assessment, including accrued
interest, or the final installment thereof, the lien against the property for which such payment was
made shall be released. The City may, or at the request of the payer shall, issue a satisfaction of lien
which the City may record in the City Clerk's Atlantic Isle Improvement Lien Book and, if
applicable, in the Official Records of Miami-Dade County, Florida. If appropriate, the Assessment
Coordinator or the City Clerk, in his sole discretion, may execute and have recorded a partial
release of lien in relation to a particular benefited Parcel or Parcel(s) upon payment of the
appropriate portion of the overall Assessment.
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Section 20. Liberal Construction. The provisions of this article shall be liberally construed to
effectively carry out its purposes in the interest of public health, safety, welfare and convenience.
Section 21. Severabilitv Clause. If any provision of this article or the application thereof to
any person or circumstance is finally held invalid by a court of competent jurisdiction, the invalidity
shall not affect other provisions or applications of the act which can be given effect without the
invalid provision or applications. To this end, the provisions of this article are declared severable.
Section 22. Transmittal to the Secretary of State.
Ordinance to the Secretary of State.
The City Clerk shall transmit this
Section 23. Effective Date of Ordinance. This Ordinance shall become effective upon
adoption and transmittal to the Secretary of State of Florida.
PASSED and ADOPTED on First Reading the U~ay of 0U 10 E-- ,2007.
PASSED and ADOPTED on Second Reading this ~~day of -=riA L- Y , 2007.
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orman S. Edelcup, May.
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APPROVED AS TO FORM
AND LE . L SUFFICIENCY
Moved by: (~()mrr-.\ < ~ \ OiUcc.e. ~"R ~Z I J\J
Seconded by: CO~\'Y\'S~1 ()U~ ~~W\1t-N
Vote: 3-D - ~ ,
Mayor Edelcup AbS~~(Yes)
Vice Mayor Thaler ~(Yes)
Commissioner Brezin V (Yes)
Commissioner Goodman V(Yes)
Commissioner Iglesias A.b;~Y es)
(No)
_(No)
_(No)
(No)
(No)
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junket
. A Fort laud&rdale
te..n who made the news
with a surprise trip to
Iraq in late 2005 was
heading back from
anoth.., Mideast
expedition.
BY ROBSYN MITCHEll
rm;tcMII~~'MiamiHltrald .;om
Seventeen-year-old Far-
ri, Hassan created a media
(renzy 18 months ago when
he took oif (or Iraq without
his mother's knowledge,
has done il again - this
time to Afghanistan.
Farris. who turns 18 on
July 30, didn't tell his
mother he would be travel-
ing to
Kabul. the
capital of
Afghani-
stan, until
he was
wa.iti og
for his
plane to
de par t FARRIS
(rom Miami International
Airport three weeks ago.
He is expected to return
home Tuesday, said Shatha
Atiya, Farris' mother.
Farris graduated from
Fort Lauderdale's exclusive
Pine Crest Preparatory
School this spring,
"We had just gotten back
from his sister's graduation
from St. George's School of
Medicine in New York:'
Atiya said. "He called me
from the airport and has
caUed every day since he
leJl,"
In December 2005, Far-
ris took ofi for Kuwait City
alone and e-mailed his par-
ents when he'd arrived. His
father, Dr. Redha Hassan,
arranged for him to stay
with friends in Beirut
before he wenl to Baghdad,
Aiter a tumultuous stay,
including near-kidnappings,
he stopped by the Associ-
ated Press of lice, which
alerted the U.S, embassy
and got him shipped home,
In the following weeks,
Farris ducked media
attempts to interview him
until he finally agreed to an
MSNBC intervies,
He said he had gone to
Iraq to hetter understand
the people of the country
where his parents emi-
grated from 26 years ear-
lier,
This time around, Farris
went to Afghanistan on a
mission to study the prog-
ress o( wumen's rights
since the fall of the Taliban
regime, alld the plight (J(
impoverished street kids.
He talked to a number of
women politicians in the
,.'ountry and told his mother
he was impressed by how
far they had come ill so lit-
tle time. Atiya said Farris is
working on a projecl to
build a school for the girled
ill Afghanistan.
"I think for a teenager to
think so big and aC'compli!ih
so much is truly something
to be proud 0(," she said.
"He has opened a new road
for us to start and Iry 10
make a difference in the
world:'
thousand~ 01 parents who
enrolled after that will be sub.
ject to a new slate law that
allows the University of F1or"
ida, Florida State and the Uni-
versity of South Florida to
begin charging an escillating
tuition premium beginning in
(all 2008 that will eventually
increase tuition by about
SI,OOO a year,
The law appeared to open
a window of opportunity to
avoid the increase, and left
some p:lfents confused,
The law stated thai parents
enrolled in the program by
Ju]y I would not be subject to
the addilional charges, Gov.
Charlie Crist sijl:ned Ihe Ie},>is-
lation June 27, leading some
parents to believe Ihp.y had
three days to sign up and
avoid the premium,
Virginia Trujillo signed up
June 28 on hehalf oi h(~r
7-month-old son: after read-
ing about the new law in a
Miami Herald article. An
additional37S parents around
Florida also signed up
betwecn JuO(~ 27 and July 1,
according- to prepaid college
plan statistics, That is lm
increase o( 156 (rolD the same
period last year,
But Trujillo and others
were surprised to learn they
would nol be COllsidered
enrolled. Instead, prepaid
Ililkials consider such appli-
cations "pending" until the
enrollment p(~rilJd bq~ins
again in the ia11. By thcn, par-
t'tlts will have to pay extra if
their children attend Ufo., FSU
or USF in {utme y~ars.
"We have like an open
enrollment period every year,
and it ended on Jan. 31," said
Bill Nichols, tht: prepaid pro.
gram's director of operations.
Nichols said the prepaid
program readjusts costs
yearly, based on actuarial
tables, to determine how
mach parents will have to
invest 10 mak(, sure they are
locked in {or their children's
tuition ilt loday's price~. Tht~
program does not have year.
round t~llrollment. hUI it
accepts applicatiom at any
time and applit:s them to thc
next enrollment period, ,)DCe
prices are adjusted.
Since this year's enroll"
ment period ended, 7.402
families have submitted appli-
cations, an increase of about
600 irom this time last year.
The program openHcs
independently of public uni.
versities, 50 college presi.
dents are uot going to inter.
vene. They (ought to raist~
tuition al their schools
bcJievin~ the state's 10"";
tuition has reduced quality.
The program guarantees that
luition increas~s will not
aiicel existing prepaid COIl-
llacts,
"Legally, we didn't have to
exempt pno'paid, but politi-
cally. the Legislature
insisted," said Bernard
Machen, president of the Uni-
versity o( Florida.
The board that oversees
the prepaid plan is expected
to design an account to cover
the higher costs at UF, FSU
and USF, but it has not
annount~~d detail~.
HAULOVER BEACH
76-year-old woman saved
from drowning in ocean
Swimmers, lifeguards and
paramedics acted swiftly to
save a 76-year-old woman
irom drowning offHaulover
Reach Sunday aiternoon.
Peuple in the Clc("an near
108th Street and Col1illS Ave-
nue alerted Iiieguards about
4 p.IIL to 11 woman strugglinR
in the water, aecordin{.': to
Miami'Dade fire rescue Lt,
Ead... Ballester.
l.ifeguards jumped in and
pulled the woman to shore.
She was in cardiac arrest,
and the lifcguard~ began
CPR, Rallester said. Within
three minutcs, paramedics
arrived ilnd restored the
woman's pulse, he said.
.............................. ...m.............m~
CITY OF SUNNY ISLES BEAC~ II
NOTICE OF PUBLIC HEARING TO
CONSIDER ADOPTION OF NON
VALOREM ASSESSMENT ROLL AND
LEVY OF NON-AD VALOREM SPECIAL
ASSESSMENTS FOR ATLANTIC ISLE
Notice is hereby given thai the City Commission ollhe City 01
Sunny Isles Beach will conduct a public hearing to consider
imposing a Special Assessment for cooslruction or sanitary sewer
laterals and associated improvements, including associated road
restoration, 10 serve the Atlantic Isle residential neighbor1100d,
which is deplete<! as lt1e benefited area in the map below. Owners
01 property 10 be assessed or any olher persons inleresled may
appear belore the City Commission and be heard as to the
advisability or the proposed improvements, the cost of Ihe
improvements, the manner or payment for the improvements, and
the amount to be assessed against each benefited property. The
proposed schedule 01 the assessment indudes up 10 twenty-rrve
(25) annual installments to iodude accrued intereslcosts, as more
specifically described in the Preliminary Assessment Methoclology
Report and the Preliminary Assessment Roll. Adoptiofl of the F'maf
Atlantic Isle Special Assessment Roll shall be the final adjudication
of the amounl of the assessment and manner of apportionment
unless steps are initiated in a court of competent jurisdiction
within 30 days 01 action by the Oty Commission, and the Special
Assessment imposed on each parcel will attach 10 the property
and shall, until paid, constitute a lien on the properly. The amount
proposed to be assessed to each benefiled parcel may be
identified Irom documents available at Ihe City Clerk's Office
Upon completion 01 the improvements, the City may bill either by
dIrect mailing 01 bills 10 Ihe assessed proper1les Of may collect the
special assessments on the annual ad valorem taxbilf.
WATER SOUNDS: Sarah Brunner, right. and Bob Rowand jam during the Underwater
Music Festival in the Florida Keys National Marine Sanctuary off Big Pine Key
New songs, opera played
at underwater 111usic show
II! An annual radio
station's underwate,
broadcast drew more than
500 divers, who listened
to some rock classics and
environmental messages.
BIG PINE KEY - (AP) -
More than 500 scuba divers
and snorkelers listened to a
loc.11 radio station's (our-hour
broadcast Saturday, piped in
beneath the sea in the Florida
Keys National Marine Sanctu-
ary.
Musical selections at the
annual Underwater Music
Festiva.l included The Beatles'
Yellow Submarine and Jimmy
BuffeU'sFiru,
This year, two local musi-
dans - singing in the sta-
tion's studio - premiered
songs, and opera was added
to the program for thl~ {irst
time.
"We even played Song.~ of
the Humpback Whale," said
festival organizer Bill Becker.
"But thankfully, no whales
CaIDe."
Some divers wore eos-
tumes and imitated musiciam
including Elton John, Sammy
Hagar and Sonny and Ch(~r,
"I think it's totally unique,"
said Louise Trewnvas, of Lon.
don. "Not only do you have
this amazing spectacle, you
have al.l the iantastic {ish that
come to listen and take part in
the festival:'
The event at Looe Key rcef
also had a serious side. Public
service announcements about
coral reef preservation were
played between musical
self.'1:tiollS.
I
I NEWS,
I VIEWS,
& 'REVIEWS. ..
.vougefto choose!
Sunny
Isles
Beach
~
'"
c
"
.g
""
~
AlIo=d "'"
(Allanticld~)
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The public hearing will be held at 6:30 p.m. on July ~4, 2007, in
the City Commission Chambers, located al18070 Collins Avenue.
Sunny Isles Beach, Florida, 33160, lor the purposes of receiving.
ptlblic comment on the proposed assessmenls. All affected
property owners have a righllo appear at the hearing and 10 file
wrillen objections with the City Commission prior 10 Of al the
hearing. II a person decides to appeal any decision made by the
City Commission wilh respecl to any matter considered allhe
hearing, such person will need a record 01 the proceedings and
may need to ensure thai a verbatim record is made, including tl1e
lestimonyand evidence upon which the appeal is to be made
I
I
1,_,.,
MiamiHerald.com 0
COPNlS of the Resolution Declaring the City's Intent to Impose
Special Assessments for Atiantic Isle, the proposed Special
Assessment Ordinance, Preliminary Assessment Methodology
Report, and Preliminary Assessment Roll, as well as plans
!~i:~! and specifications fo' the sewe, Improvements, Including the
i ~If~! :~:~S:a~:b:ePfl:: 1~~:e~~~~~~n~o~:~~r~~~~:::V~~~~i
: ~ ... ._.~~.: ~~7~%~~~~k~~e:~,es~~~~~sf~~v~~~~~,n:~~~~e;'3~~d~
i Dq.lQ!Bn Ij~rbor i ~:(i:)~:~~~~~s please contact the Ctty Manager's OffIce
!~~~.I'1.I. InaccordancewilhtheAm&ficanswithOisabilitiesAcI,allper~who
I are disabled amI who need special accommodations to participate 10 lh's
'.: m. "'.ing because or thaI disability .'hwld roo"" '''' DI, M~.gera.'
I ~.iO :.;, ~~)6 r), 2501 ! rl ;:::~~947'0606, no later Ihan 48 hours puor to the proceedmgs;" Ileanng
:"lli;ll i.~t'''''~ li>;rl,1 :n.'.():l; j ~red' please lelephone the TOO hne at '305) 940-2366 for assIstance
"Some perspective
with your pancakes?"
N'()!hing ~~(~S llt~lter with hn'aklil<;1
than The ~tiami Hcritld, Jcli\'t.'n:d
1-800-441-0444