§ 18-3. Proceedings for creation and establishment of districts.

The proceedings for the creation and establishment of a district under the provisions of this article shall be as follows:

(a)

Petition. There shall be filed with the Clerk of the Board a petition requesting the creation and establishment of a special taxing district under the provisions of this article, signed by the Mayor or by fifty (50) per centum of the resident owners of property embraced within the proposed district. Opposite each such signature of owners of property there shall be inserted his or her post office address and a brief reference to the property within the proposed district which is owned by such signer, and such reference shall be sufficient to identify any property involved and shall set forth the folio number of the County tax bill covering such property. For the purposes of any such petition of owners of property, the rights of mortgagees and lienors shall not be considered and the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where the property is owned by both husband and wife. In addition to the foregoing such petition shall also contain and set forth the following:

(1)

The boundaries or other description sufficient to identify the property embraced in the proposed district, together with a survey sketch showing the location of the proposed district, and

(2)

A brief description of the project requested to be constructed, acquired, reconstructed or installed.

(b)

Certification of petition. Upon receipt of such petition, the Clerk of the Board shall transmit a copy thereof to the County Manager, who shall examine the petition and file a written report with the Clerk at the earliest practicable date.

(c)

Investigation by County Manager. If the County Manager finds that the petition has been properly presented in accordance with the requirements of this article, he shall cause to be made under his supervision and direction such investigations, surveys, plans and specifications as may be necessary to enable him to compile and file with the Board a written report and recommendations setting forth the following data and information:

(1)

The boundaries or other description sufficient to identify the property to be embraced in the proposed district as set forth in the petition, together with any recommendations as to any territory within the proposed district that should be excluded from the district because of the disproportionate cost of providing for such territory the project petitioned for, or for any other reason, and any recommendations for the inclusion of any additional territory within the proposed district;

(2)

The location of the project to be constructed, acquired, reconstructed or installed within the proposed district;

(3)

An estimate of the cost of such project;

(4)

An estimate of the annual expense to be borne by the district or the County of maintaining, repairing and operating such project, and his recommendations concerning service charges and the levy of special assessments to pay all or a part of such expense;

(5)

Whether the proposed project and the proposed special taxing district conform to or conflict with the master plan of development for the County;

(6)

His recommendations concerning the need and desirability for the requested project, the ability of the affected property to pay special taxes or to bear special assessments or both, and his opinion as to whether or not (i) all lots and parcels within the proposed district which are to be taxes or specially assessed will be specially benefited by the proposed project, (ii) any property which would be specially benefited by such project is not included in such district, and (iii) each lot or parcel in such district which is to be taxed or specially assessed will be specially benefited by such project in excess of the amount of such special taxes and special assessments to be levied thereon;

(7)

If his recommendations under clause (6) are favorable to the creation of the requested special taxing district, his recommendations as to the levying of any special assessments against the benefited property, and an estimate of the amount to be assessed against each front foot or other unit of benefited property;

The County Manager shall file such written report and recommendations, accompanied by an appropriate map and other pertinent data, with the Clerk of the Board at the earliest practicable date. Upon receipt of such report, the Clerk shall immediately transmit a copy thereof to the mayor of the County.

(d)

Notice of public hearing. Upon receipt of such report of the County Mayor, and from such other investigations as the Board may make or cause to be made, the Clerk of the Board shall prepare a certificate fixing the place, date and hour for a public hearing, which certificate shall set forth a copy of the petition, excluding signatures, and brief summaries of the report and recommendations of the County Mayor, including (but without limitation) his recommendations as to any additional territory which should be embraced within the proposed district. Notice of such public hearing, stating that a petition for the creation and establishment of a special taxing district under the provisions of this article has been filed with the Clerk of the Board and setting forth a brief description of the project petitioned for, the boundaries or other description sufficient to identify the property to be embraced in the proposed district, a brief summary of the report and recommendations of the County Mayor, and stating the place, date and hour fixed by the Board for such public hearing, shall be:

(1)

Published once a week for two (2) consecutive weeks in some newspaper of general circulation within the County to be designated in the resolution;

(2)

Mailed to all owners of taxable property within the boundaries of the proposed district, including any additional territory recommended by the County Mayor, whose names and addresses appear on the last preceding assessment roll for County taxes.

The first such publications and mailing shall occur not less than fifteen (15) days prior to the date fixed for such hearing. Such mailing shall be accomplished by the Clerk of the Board in sufficient time to cause a U.S. Postal Service postmark to be affixed to such mailing not less than fifteen (15) days prior to such hearing.

(e)

Public hearing. At the time and place stated in such certificate, or to which an adjournment may be taken by the Board, the Board shall receive and hear objections of interested persons to the creation and establishment of the proposed district, the property to be embraced within the district, the project to be acquired, constructed, reconstructed or installed, or the levy of any special taxes or special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers of the Board under the provisions of this article, and petition with such modifications, if any, as it may deem advisable and which do not enlarge the boundaries of the district as set forth in the certificate mentioned in subdivision (d) of this section or change the general type or character of the project. All such objections shall be in writing, in person or by attorney, and filed with the Board at or before the time or adjourned time of such hearing. Any objections not so made shall be considered as waived.

(f)

Ordinance establishing district. If the Board shall, after such hearing, determine to grant the petition, either with or without modification, it shall adopt an ordinance reciting the proceedings theretofore taken and providing for the creation and establishment of the district. Such ordinance shall also set forth the following:

(1)

The name or designation by which the district shall be known, such as "___________ Special Taxing District in Metropolitan Miami-Dade County, Florida" or "Special Taxing District No. _____ in Metropolitan Miami-Dade County, Florida", or such other appropriate name as the Board may determine;

(2)

The boundaries of the district, or other description sufficient to identify the property to be embraced in the proposed district;

(3)

A brief description of the project which is to be acquired, constructed, reconstructed or installed in the district;

(4)

A declaration as to benefits and what part, if any, of the cost of the project is to be specially assessed; and

(5)

A statement as to the method of financing, including estimates of:

(a)

The amount of bonds of the district, if any, to be issued as hereinafter provided to pay the cost of the project,

(b)

The amount required annually to be borne by the district or the County to pay the cost of maintaining, repairing and operating the project, and what percentage, if any, of such amount shall be specially assessed, and

(c)

The amount, if any, to be derived annually from service charges or special assessments on benefited property or both.

Such ordinance shall order the acquisition, construction, reconstruction or installation of the project under the provisions of this article upon moneys being made available therefor and shall set forth the location of the project and a description thereof by its material, nature, character and size. Such ordinance may give any short and convenient designation to the project ordered thereby. Such ordinance shall also set forth what part, if any, of the cost of the project which shall be borne by the special taxing district at large, the balance of such cost to be specially assessed.

If the Board shall be of the opinion that, in lieu of the issuance of bonds as herein provided, an annual tax should be levied upon all property in the district subject to County taxation or that special assessments should be levied under the provisions of paragraph (17) of Section 18-14 of this article, in order to furnish the services and facilities to be provided by the project for which the district is created, such ordinance shall set forth the maximum amount of such annual tax not exceeding ten (10) mills on each dollar of the assessed valuation of such property, excluding that portion of the valuation of such property which is subject to homestead exemption, or shall set forth what part of the cost of maintaining, repairing and operating the project shall be specially assessed in each year and the basis of the apportionment.

If the method of financing a project which is set forth in the ordinance adopted under the provisions of this subsection creating and establishing a district shall be other than the issuance of bonds of the district under the provisions of Sections 18-5 and 18-6 of this article or the levy of taxes under the provisions of Section 18-7 of this article, the Board shall provide that the ordinance creating and establishing the district shall take effect when approved by a majority vote of the qualified electors residing in the district voting at an election to be called by the Board and noticed and conducted and the result thereof determined and declared either in the manner provided for the issuance of bonds of a district or in such other manner, by mailed ballot or otherwise, as the Board shall by ordinance determine; provided, however, that in the event the proposed district shall encompass both unincorporated and incorporated areas of the County, then and in that event, the ordinance creating and establishing the district shall take effect when approved by a majority vote of the freeholders who are qualified electors residing in the unincorporated area and also a majority vote of the qualified electors residing in each incorporated area in the district voting at an election to be called by the Board and noticed and conducted and the result thereof determined and declared either in the manner provided for the issuance of bonds of a district or in such other manner, by mailed ballot or otherwise, as the Board shall by resolution determine; provided, further, that nothing contained in this paragraph shall affect the validity of any district heretofore created and established under the provisions of this article.

(g)

Notwithstanding any of the foregoing provisions of this article a district may be created and established under the provisions of this article for the combined purpose of acquiring, constructing, reconstructing or installing both a water system and a sewerage system, and as applied to a district so created and established, the word project shall embrace both the water system and the sewerage system.

Nothing in this article shall be construed as prohibiting the creation and establishment of a district which shall include all or any portion of the territory of another district or districts theretofore created and established under the provisions of this article for the purpose of providing a public improvement of another class.

(Ord. No. 60-7, § 4, 2-9-60; Ord. No. 64-26, § 1, 7-7-64; Ord. No. 64-50, § 1, 10-6-64; Ord. No. 65-59, § 1, 9-14-65; Ord. No. 72-13, § 1, 2-29-72; Ord. No. 81-23, § 3, 3-3-81; Ord. No. 92-96, § 1, 9-15-92; Ord. No. 07-145, § 1, 10-2-07; Ord. No. 17-28, § 1, 5-2-17)