RESOLUTION 2026-05
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BISCAYNE DRIVE ESTATES COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE EXPANSION AREA IMPROVEMENTS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS WITHIN THE EXPANSION AREA OF THE DISTRICT UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR PUBLICATION OF THIS RESOLUTION
WHEREAS, the Biscayne Drive Estates Community Development District (the "District") was established pursuant to Chapter 190, Florida Statutes, and Ordinance No. 21-101 (the "Establishment Ordinance") of the Board of County Commissioners of Miami-Dade County, Florida; and
WHEREAS, the boundaries of the District were subsequently expanded to include adjacent lands referred to therein and herein as the "Expansion Area" pursuant to Ordinance No. 26-40 (the "Expansion Ordinance") of the Board of County Commissioners of Miami-Dade County, Florida; and
WHEREAS, the Board of Supervisors of the Biscayne Drive Estates Community Development District (the "Board") hereby determines to construct and/or acquire certain public improvements (the "Expansion Area Improvements") as more described in the First Supplemental Engineer's Report for the Expansion Area Infrastructure Improvements, prepared by Alvarez Engineers, Inc., dated and approved by the Board on June 26, 2026, as such report is amended and supplemented from time to time by the Board (the "Engineer's Report"), incorporated by reference as part of this Resolution, and ad further set forth in the plans and specifications (the "Plans and Specifications"), which Engineer's Report and Plans and Specifications are available for review at the offices of District Manager, 5385 N. Nob Hill Road, Sunrise, Florida 33351 (the "District Office") or at 2804 NE 8th Street, Suite 202, Homestead, Florida 33033 (the "Local Records Office"); and
WHEREAS, the Biscayne Drive Estates Community Development District ("District") is empowered by Chapter 170, 190, and 197, Florida Statutes, to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and/or maintain the Expansion Area Improvements and to impose, levy and collect the Assessments (as defined below) on the developable lands within the Expansion Area that benefit from the Expansion Area Improvements; and
WHEREAS, the Board finds that it is in the best interest of the District to pay the cost of all or a portion of the Expansion Area Improvements by imposing, levying, and collecting special assessments pursuant to Chapter 170, 190, and 197, Florida Statutes (the "Assessments"); and
WHEREAS, the Board hereby determines that benefits will accrue to the property improved, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in the District's Special Assessment Methodology Report, prepared by Governmental Management Services-South Florida, LLC (the "Methodology Consultant"), dated June 26, 2026, as amended and supplemented from time to time (the "Assessment Report"), which Assessment Report is incorporated herein and made a part herein by reference and is available for review at the District Office and at the Local Records Office; and
WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefits to the property within the Expansion Area assessed as a result of the Expansion Area Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BISCAYNE DRIVE ESTATES COMMUNITY DEVELOPMENT DISTRICT, THAT:
1. The foregoing recitals are hereby incorporated as the findings of fact of the Board.
2. Assessments shall be levied to defray a portion of the cost of the Second Expansion Area Improvements. The nature of the Expansion Area Improvements generally consists of roadway improvements (including mobility fees), stormwater management and drainage improvements, water distribution and sanitary sewer collection systems (including connection fees), and related incidental and soft costs and improvements, and to pay for all or a portion of the design, acquisition and construction cost of said public infrastructure improvements, all as described more particularly in the plans and specifications and in the Engineer's Report.
3. The general locations of the Expansion Area Improvements are on land of approximately 54.43 +/- acres in size, located in the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 6, Township 57 South, Range 39 East, all lying and being in Miami-Dade County, Florida., as shown in the Engineer's Report and Plans and Specifications referred to above.
4. The estimated cost of the Expansion Area Improvements is approximately $12,316,000 (hereinafter referred to as the Estimated Cost") based on the Engineer's Report.
5. The Assessments will defray approximately $14,330,000, which includes the Estimated Cost, plus financing-related costs, capitalized interest, debt service reserve and contingency.
6. The manner in which the Assessments shall be apportioned and paid is contained with the Assessment Report. As provided in further detail in the Assessment Report, the Assessments will be levied initially on a per acre basis since the Expansion Area Improvements increase the value of all the lands within the Expansion Area of the District. On and after the date benefited lands within the District are specifically platted, the Assessments as to platted lots will be levied in accordance with the Assessment Report.
7. The Assessments shall be levied in accordance with the Assessment Report reference above on all lots and lands, within the District, which are adjoining and contiguous or bounding and abutting upon the Expansion Area Improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided for.
8. There is on file at the District Office and the Local Records Office, an assessment plat showing the area to be assessed, with the plans and specifications describing the Expansion Area Improvements and the Estimated Cost, all of which shall be open to inspection by the public.
9. The Methodology Consultant is hereby authorized and directed to cause to be made a preliminary assessment roll, as prompt as possible, which shall show the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment is divided.
10. In accordance with the Assessment Report and commencing with the year in which the District is obligated to make payment of a portion of the Estimated Cost of the Expansion Area Improvements acquired and / or constructed by the District, the principal component of the of the Assessment shall be paid in not more than thirty (30) annual installments payable at the same time and in the same manner as are ad-valorem taxes and as prescribed by Chapter 197, Florida Statutes (the "Uniform Method"); provided, however, that in the event the non-ad valorem assessment method of collecting the Assessments is not available to the District in any year, or the District determines not to utilize the provision of Chapter 197, F.S. the Assessments may be collected on an annual basis through direct billing or as is otherwise permitted by law.
11. Upon completion of the preliminary assessment roll, the Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the Assessments or the making of the Expansion Area Improvements, the cost thereof, the manner of payment therefore or the amount thereof to be assessed against each property within the Expansion Area as improved; and to authorize such notice and publications of same as may be required by Chapter 170, Florida Statutes, or other applicable law.
12. Pursuant to Section 170.05, Florida Statutes, the District Manager is hereby directed to cause this Resolution to be published twice in a newspaper of general circulation within Miami-Dade County, Florida.
13. All documents referenced herein and in which it is indicated are on file at and shall also be made available for inspection at the District Office and the Local Records Office.
14. This Resolution shall be effective upon adoption by the Board.
PASSED AND ADOPTED this 26th day of June, 2026
BISCAYNE DRIVE ESTATES COMMUNITY DEVELOPMENT DISTRICT
IPL0354753
Jul 14,21 2026