Miami Beach |
Code of Ordinances |
SubPart A. GENERAL ORDINANCES |
Chapter 94. SPECIAL ASSESSMENTS |
Article I. IN GENERAL |
§ 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approving resolution means the resolution described in section 94-45, which shall approve the plans, specifications, estimated costs and tentative assessment roll, and shall confirm or deny the initial resolution.
Assessment roll means the assessment roll as approved by the final resolution.
Bonds means the bonds issued by the city pursuant to resolution of the city, payable from the pledged revenues.
Cost or costs means, as applied to the acquisition and construction of any projects authorized by the city commission:
(1)
The cost of physical construction, reconstruction or completion;
(2)
The costs of acquisition or purchase;
(3)
The cost of all labor, materials, machinery and equipment;
(4)
The cost of all lands and interest therein, property rights, easements and franchises of any nature whatsoever;
(5)
The cost of any indemnity and surety bonds and premiums for insurance during construction;
(6)
Interest prior to and during construction and for such period of time after completion of the acquisition or construction of such projects as the city commission deems appropriate;
(7)
Amounts necessary to pay redemption premiums for early retirement of bonds;
(8)
The creation of reserve funds;
(9)
Costs and expenses related to the issuance of bonds or other indebtedness related to the project, all financing charges and any expenses related to any liquidity facility or credit facility, including interest on bonds held by the issuer of such liquidity facility or credit facility;
(10)
Cost of preliminary plans and specifications, construction plans and specifications, surveys, preparation of estimates of costs and assessment rolls;
(11)
Cost of engineering, testing, permitting, financial, legal and other consultant services;
(12)
Costs related to the imposition and collection of special assessments, including any advertising, postage and any service charges of the county tax collector or the county property appraiser and amounts necessary to offset discounts received for early payment of special assessments pursuant to applicable law; and
(13)
All other costs and expenses properly attributable to such acquisition and construction, and such other expenses as may be necessary or incidental to financings authorized by this chapter and including reimbursement of the city or any other person for any moneys advanced for any costs incurred by the city or such person in connection with any of the foregoing items of cost.
County means Metropolitan Dade County, Florida.
County clerk means the clerk of the circuit court of Dade County, Florida, ex officio clerk of the board of county commissioners.
Director of public works means the director of public works of the city or any engineer or firm of engineers retained by the city, or such other officer or officers as the city commission may designate in the initial resolution, which shall perform the responsibilities of the director of public works as provided in this chapter.
Final resolution shall mean the resolution described in section 94-51(a) which shall approve the assessment roll.
Finance director means the finance director of the city or his designee.
Initial resolution shall mean the resolution described in section 94-42, which shall be the initial proceeding for levying and imposing special assessments.
Pledged revenues means the proceeds of the bonds, including investment earnings; special assessments levied and collected under the authority of this chapter; and any other non-ad valorem revenues pledged by the city under the proceedings authorizing the bonds.
Preliminary assessment roll means the preliminary assessment roll prepared by or at the direction of the director of public works as described in section 94-49.
Projects means any local improvements authorized by law to be financed by the imposition and levying of special assessments that the city shall determine to construct or acquire and that the city shall finance, in whole or in part, from the proceeds of special assessments levied pursuant to the provisions of this chapter, including but not limited to:
(1)
The construction, reconstruction, repair, paving, repaving, hard-surfacing, re-hard-surfacing, widening, guttering, and draining of streets, boulevards and alleys; grading, regrading leveling, laying, relaying, paving, repaving, hard-surfacing, and re-hard-surfacing of sidewalks; construction or reconstruction of permanent pedestrian canopies over public sidewalks; and in connection with any of the foregoing, providing related lighting, landscaping, street furniture, signage and other amenities as determined by the city commission;
(2)
The construction, reconstruction, repair, renovation, excavation, grading, stabilization and upgrading of greenbelts, swales, culverts, sanitary sewers, storm sewers, outfalls, canals, primary, secondary and tertiary drains, water bodies, marshlands, and natural areas, all or part of a comprehensive stormwater management system, including the necessary appurtenances and structures thereto, and including, but not limited to, dams, weirs and pumps;
(3)
The construction or reconstruction of water mains, water laterals, and other water distribution facilities, including the necessary appurtenances thereto;
(4)
The construction or reconstruction of parks and other public recreational facilities and improvements, including appurtenances thereto;
(5)
The construction and reconstruction of seawalls;
(6)
The drainage and reclamation of wet, low or overflowed lands;
(7)
The construction of off-street parking facilities, parking garages or similar facilities;
(8)
The construction of mass transportation systems; and
(9)
The construction of improvements to permit the passage and navigation of watercraft.
However, off-street parking facilities, parking garages, or other similar facilities and mass transportation systems must be approved by vote of a majority of the affected property owners.
Tax rolls means the real property assessment tax roll maintained by the county property appraiser for the purpose of the levy and collection of ad valorem taxes.
Tentative assessment roll means the tentative assessment roll prepared by or at the direction of the director of public works as described in section 94-43.
(Ord. No. 92-2782, § 1, 6-17-92)
Cross reference
Definitions generally, § 1-2.