A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A DULY NOTICED PUBLIC HEARING PURSUANT TO SECTIONS 170.07 AND 170.08, FLORIDA STATUTES, THE FINAL ASSESSMENT ROLL FOR THE SPECIAL ASSESSMENT DISTRICT KNOWN AS THE 41ST STREET BUSINESS IMPROVEMENT DISTRICT, AND CONFIRMING SUCH ASSESSMENTS AS LEGAL, VALID, AND BINDING FIRST LIENS UPON THE PROPERTY AGAINST WHICH SUCH ASSESSMENTS ARE MADE UNTIL PAID.

A. Requirement of a public hearing, pursuant to Chapter 170, Florida Statutes, to levy the special assessments and approve the final assessment roll

Pursuant to Sections 170. 07 and 170.08, Florida Statues, a public hearing is scheduled to be held on July 26, 2023, at 5:03 p.m., for the owners of the property to be assessed or any other interested persons to appear before the Mayor and City Commission and be heard as to the propriety and advisability of making such improvements and providing such services (and funding them with special assessments on property), as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property.

Following the public hearing, the Mayor and City Commission shall make a final decision on whether to levy the special assessments. At that time, the Mayor and City Commission shall also serve as an "equalizing board" to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right.

When so equalized and approved by Resolution of the Mayor and City Commission, a final assessment roll shall be filed with the City Clerk, and the special assessments (as set forth in the final roll) shall stand confirmed and remain legal, valid, and binding liens upon the property against which such assessments are made, until paid. The preliminary assessment roll is attached to the proposed Resolution as Exhibit "A".

B. Creation of BID Entity and Memorandum of Understanding

After the Mayor and City Commission adopted Resolution No. 2022-32348, authorizing the City Manager and City Attorney to work with the Steering Committee, the City assisted the Steering Committee to prepare documents necessary for BID creation. As authorized by City Commission Resolution No. 2023-32566, the City entered into a memorandum of understanding (MOU) relative to the Election with Middle Beach Partnership, Inc., a Florida not-for-profit corporation affiliated with the Steering Committee. Concurrent with the City Commission’s final actions to formally establish the District, the Steering Committee will file articles of incorporation creating the 41st St. Business Improvement District, Inc., (the “BID”) a not-for-profit entity to self-govern the District. Composed of member property owners and an elected board, the BID will provide structure and leadership for managing District affairs. Acting as liaison to the City, the BID also provides a unified voice when advocating on behalf of the commercial corridor.

If the Mayor and City Commission approve the final assessment roll and vote to levy the special assessments, the Administration and the Office of the City Attorney will proceed to negotiate a comprehensive Memorandum of Understanding with the BID (the “MOU”), to set forth, among other things, the obligations of the BID to administer the District, as well as the rights and obligations of the City to collect the special assessments, conduct an annual review of the BID's budget and activities, and audit the BID. The MOU will require that the BID comply with Chapter 170, Florida Statutes; the requirements of the Uniform Special District Accountability Act, set forth in Chapter 189, Florida Statutes; and the Florida Sunshine Law, including, without limitation, Chapter 286, Florida Statutes. Additionally, the MOU will authorize the City Manager to appoint an Authorized Representative as a non-voting, ex officio member of the Board of Directors and, if applicable, Executive Committee of the BID.