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HomeMy WebLinkAboutR-95-0684J-95-839 9/20/95 9 5- 684 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, CONFIRMING RESOLUTION NO. 95-102, ADOPTED FEBRUARY 9, 1995, AND ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR A PERIOD OF ONE (1) YEAR KNOWN AS THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT FOR THE PROVISION OF PROMOTIONAL, MARKETING AND RELATED SERVICES; FURTHER, LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT BENEFITED THROUGH THE PROVISION OF SUCH SERVICES IN ACCORDANCE WITH THE FINAL ASSESSMENT FILED WITH THE CITY CLERK. WHEREAS, Chapter 170, Florida Statutes, authorizes "the levy and collection of special assessments against property benefited for the purpose of stabilizing and improving retail and/or wholesale business districts and/or nationally recognized historic districts through promotion, management, marketing and other similar services in business districts of the municipality"; and WHEREAS, on February 9, 1995, by Resolution No. 95-102, the Miami City Commission confirmed and extended the term of the Flagler/Core Area Security District Special Improvement District for one year commencing February 9, 1995 for the provision of promotion, marketing and other similar services; and WHEREAS, at the request of the affected property owners, the Miami City Commission authorized the Downtown Miami Partnership, IAiiACHMENi (S)I •; CONTAINED CITY COMMISSION MEETING OF S E P 2 8 1995 Resolutlo"it 9S- GS4 WHEREAS, at the request of the affected property owners, the Miami City Commission authorized the Downtown Miami Partnership, Inc., to administer the special assessments subject to the i approval of Commissioner Wifredo Gort; and WHEREAS, a preliminary assessment roll was filed with the Office of the City Clerk indicating the property to be assessed and the amount to be assessed against each parcel of property to be benefited, as required in Chapter 170 of the Florida Statutes; and WHEREAS, pursuant to Resolution No. 95-102, the Downtown Miami Partnership prepared and the affected property owners approved, a marketing program and budget to implement the proposed objective of the District; and WHEREAS, pursuant to Resolution No. 95-513, adopted July 13, 1995, the Miami City Commission approved the Marketing Plan and Proposed Budget; and WHEREAS, pursuant to Resolution No. 95-102 the extension of the term of the District and the improvements to be provided by the levying and collection of special assessments are subject to the approval of the majority of the affected property owners at a public hearing; and WHEREAS, on September 14, 1995, by Resolution No. 95-651, the Miami City Commission scheduled and thereafter held a public hearing on September 28, 1995, to hear testimony from all property owners and any other interested persons regarding the propriety, advisability and amount of the special assessments in I the Flagler/Core Area Security District Expansion District; and - 2 - 95— 684 WHEREAS, all affected property owners were given appropriate notice of said public hearing to voice objections to said improvements as prescribed by Chapter 170, Florida Statutes and no objections were sustained; and WHEREAS, all complaints by interested persons and affected property owners were received at said hearing with the City Commission meeting as an equalizing board and said complaints thereafter treated on the basis of justice and right as reflected herein in regard to the improvements and the assessments; and WHEREAS, establishment of the Flagler/Core Area Security District Expansion District for a period of one year commencing February 9, 1995, is recommended in order to continue efforts to improve the area ; and WHEREAS, it is further recommended that the funds be administered by the Downtown Development Authority in accordance with the approved Marketing Plan and Budget. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 95-102, a copy of which is attached hereto and incorporated by reference, which established the Flagler/Core Security District Special Improvement District Expansion District for one additional year from February 9, 1995 to February 9, 1996 is hereby confirmed. 3- 95- 684 Section 3. The funds collected from the special assessments shall be administered by the Downtown Development Authority for the provision of promotion, marketing and related services to the Flagler/Core Area Security District Special Improvement District in substantial conformity with the Proposed Budget approved by Resolution No. 95-513. Section 4. A final assessment roll has been filed with the City Clerk's Office in accordance with this Resolution and the applicable provisions of Chapter 170, Florida Statutes. Such assessments contained in said assessment roll are hereby levied and stand confirmed and remain legal, valid and binding special assessment liens upon properties against which such assessments are made, until paid. These assessments shall be recorded in the "Improvement Lien Book" and the final assessment roll shall show the lots or lands assessed and the amount of benefit as to each such lot or land and the manner of payment of such assessment. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of September 1995. ATTEST: STEPHEN P. CLERK, MAYOR �—WALTE CITY CLERK -4- 95- 634 PREPARED AND APPROVED BY: am &t6�, , OLGA IREZ-SEIJ S ASSIS ANT CITY AT ORN Y W337:et:csk:ORS --5- APPROVED AS TO CORRECTNESS: A,/ Q CITY III 95- 684 SEEP-20-9M WED 1 5 .' M7 Ali 2/9 /95 RESOLUTION NO. q 5 ` 10 2 A RESOLUTION, WITH ATTACHMENT(S), CONFIRMING RESOLUTION NO. 89-'828, ADOPTED SEPTEMBER 14, 1989, THEREBY ESTABLISHING THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT j DISTRICT AND EXTENDING SAID DISTRICT FOR AN ADDITIONAL ONE YEAR PERIOD; DESIGNATING THE PROPERTY UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE MADE AND ESTABLISHING AND LEVYING SPECIAL ASSESSMENTS AGAINST THE PROPERTIES IN SAID DISTRICT FOR THE PROVISION OF PROMOTION, MARKETING AND OTHER SIMILAR SERVICES FOR THE PURPOSE OF STABILIZING AND IMPROVING SAID DISTRICT. WHEREAS, Chapter 170., Florida Statutes, authorizes a municipality, subject to the approval of a majority of the, affected property owners, to levy and collect speoial assessments against property benefited for the purpose of stabilizing and improving retail and/or wholesale business districts and/or nationally recognized historio districts through promotion, management, marketing and other similar services in business districts of the municipality; and WHEREAS, on June 7, 1989, pursuant to Resolution No. 89-548, the City Commission declared the Flagler/Core Area Security District to be a Special Improvement District for the provision of the above specified services in accordance with applicable provisions of Chapter 170, Florida Statutes, as amended; and IATTAEHMEHT (S)I I CONTAINED My COMOSSION MEETING OF. FEB 0 9 1995 Resolution No. 95- 102 SEP-20-95 WED 1 3 :57 r iT WHEREAS, on September 14, 1989, pursuant to Resolution No. 89-828, the City Commission confirmed the establishment of the Flagler/Core Area Security District Special Improvement District (the "District") providing enhanced street maintenance and similar services in the District; and WHEREAS, the established District has been extended by one- year terms pursuant to Resolution Nos. 91-292, 92-249, 92-473. 93-127 and 94-77; and WHEREAS, the District, as extended by Resolution No. 94-77, will expire on March 7, 1995; and WHEREAS, the affected property owners have met and discussed further extension of the District and have appointed an Advisory Committee which has recommended that the District be extended for one additional year, for the provision of promotion, marketing and other similar services; and WHEREAS, the affected property owners desire that the special assessments be administered by the Downtown Miami Partnership, Inc., a not -for -profit Florida Corporation, subject to approval by Commissioner Vifredo Gort who shall have veto powers with regards to the use of the funds; and WHEREAS, the City Commission is cognizant of the property owners' ooncerne, and is desirous of implementing the recommendations of the Advisory Committee, subject to the approval of a majority of affected property owners; 95- 102 95- 684 L ,E,33 W 1 5 5 e t r _i . r Ig NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained In the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Flagler/Core Area Security District Special Improvement District, established by Resolution No. 89-28, is hereby confirmed and extended for a term of one (1)_ year from the date this Resolution, subjeot to approval by a i majority of the affeoted property owners in accordance with the Provisions of Chapter 170, Florida Statutes. Section 3. The improvements to be provided by the levying and collection Of special assessments shall consist of Promotion and marketing services. Section 4. The properties upon which the special assessments shall be made, Which are hereby desoribed as all lots and lands located within the District legally described in Composite Exhibit "A" hereto, shall be assessed as follows, except exempt non-taxable lots and lands. 95- 102 -3- 95- 684 i10 1 5 5 8 P �s�._,..� ...... , Buildings intended predominantly for offioe use and surface parking lots shall be assessed at $0.178 per $1,000 of assessed value; All other buildings shall be assessed at $0.928 per $1,000 of assessed value. Section S. A preliminary assessment roll shall be promptly filed with the City Clerk's Office in accordance with this Resolution and the applioable provisions of Chapter 170, Florida Statutes. Section 8. This Resolution shall become effective after a public hearing, and upon approval of a majority of the property owners as set forth in Section 2 hereinabove. PASSED AND ADOPTED this -9th day of _Februazy—, 1998. & c S PHEN P. CLARk, MAYOR MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: 7 % L OLGA-- MIREZ-S IJ ASSI TANT CITY ATIPbRNEY ORS:et:bss:osk:M4880 x� oz �f t V9 APPROVED AS TO FORM AND CORRECTNESS: A. QU NN III CITY ATT Y 95— 102 -4-- 05" 684 .-A S E' F'' - 210'-- g 5 W E D 1 t , Le'gai Description for flagler Area Special Assessment District Begin at the N.E. corner of Block L02 North of A. L. Knowlton Map of Miami According to the plat thereof as recorded in Plat Book P at page 41 of the Public. Records of Dade County, Florida, said corner being 30 feet south of the City of Miami Monument Line on N.E. 2 Street and 20 feet west of the City of Miami Monument Line on Biscayne Boulevard; thence run southerly along the Kest R/W i Line of Biscayne Boulevard to its, intersection with' the westerly extension of the South R/W line of Chopin Plaza, said line being 25 feet South of and- parallel with the City of Miami Monument. Line of S.E. 2 Street extended EAst to the Dade County Bulkhead Line; thence East along the South R/W Line of Chopin Plaza and its extension thereot, to a point of intersection with the East property line of irart D, of DuPont Plaza, according to the Plat thereof, as recorded in Plat Book 50, Page 11 of the Public Records of Dade County, Florida; thence South along said East property line of Tract n to its lntersection with the Easterly r extension of the North R/W Linea of S.E. 3 Street; thence West. Plong,the North R/W Linn of S.E. 3 Street and its extension thereoi' to the West R/W line of South Miami Avenue; thence South along the WeSt R/'A Line of South Miami Avenue to its intersection with they North R/W Line of S.W. 3 Street; thence West along the North R/W Line of S.W. 3 Street to its intersection with the East COMPOSITE EXHIBIT 1 95-- 102 �rW 634 !Br=P 2'0!'-95 WEIl 1'5 :59 • R/W 1 in(- at the 1 .1 .L'. ilal 1ro.jtl thence North and Northwesterly i along the kasterl R W I,1nt' of y / t h tkF.E.C. Railroad to its intersection with the East. R/W Line of S.W. 1 Avenue; thence north along thr east iZ/W Lino of S.W. 1 Avenue to it's InterseCtfuti with the South R/W Line of West Flagler Street; them.,- east along t111 south W , / Line �f West Flagler Street to it'S intersection with the Southerly extension of the east R/W Line of N.N. Hfaml Court; thence north along the east R/W Line of N.W. Mfami Court alld it's extrl►s Line of N.W. 1 Street; fon thereof, to the south R/W r thence west along the south R/W Line of W•W• a Streetto it's iritcf`sv;tion with the southerly ex t.nsion f of the eaSt R/W 1.111e of N.W. 1 Avenue; thence north along i o g the cast R/W Line of 1I.W. 1 Avhnu'(r and It's extension thereof, to it's Intersection with the South R/W Line of N.W. 2 Street; i thence east aloe he g ssouth R/W Line of N.W. 2 Street and N.C. 2 Street to the N.E. corner of said Block 102 North. said corner dlso hclfng on the wilst R/W Linn of 815cayne Boulevard, and also being the Point of neylnnfnd. COMPOSITE EXHIBIT 1 95- 102 95-- 684 s "V: 'Zi nn lot, 0640iivei to *( "C r AA&pt,, jks se I S.% of% A49 (st sp Mott n 6'r 0 ov. 0-4 North 0 in IV Aar, S said ,far corns? Of Sloe Cof is Orde4 orids t n )ty an the C.sat Cout 0 00 according 40 ;�Oc a rd s of 0&60 140?%%X me ftt ne, dams 1PU'Dj A C 0 tkonument of 0 f. trio Of the C1 ty •C , tY of VNI am at Palo 3() feet SOU t of LIMA eA Ong na W A t1h t Was be A no fee (Qst6r%yrsetA Oft corner 'roe% .an nd tnence rkAn its A the Said 1K St Soul ejardt 666 ti.4* 2 street to 14ortn along South on, siscayne Street Jkq4n4C*# t th no *A.E* %.Nj . I intersection South IOU Vito of 10t AAAS 0 1 Jkv anuo to %LS tne Aeft w itn %"a a East I A.%to ne-ce East 6%*" tersact Nast 'A Lifts 0 strestl then . to At% in ,southalong tno fast ;klA 14 3 STiroal t * 1 -141 and �J.E- 13 . % n a rice of said alocx %J'A Ofte street' n I evarde. corner , at' 14,N16 3 Line f.5jsCayAG Dou to trio .1A.E. beg AnAl"06 %jast 10 n 5004vard t"d point of siscay also bel"O IWA LAr�e at said corner 'LO2 916- 1 O'Z � � 9 g c t 0� ' k - f � Legal Description for Flagler Retail Ilse Special Assessmont 0istriet Southern Cxpansion Commonec at the ii.Eo corner of olocK 102 No►•th of A. L. Knowlton Map of Miami according to the plat tnereof as recordod i^ plat BOOK ® at Page 41 of the Public Records of Dodo County, Florida, Said Corner being 30 feet south of the City o*f Miami Honumont line on N.E. Q Street. and 20 fNe,t west of the City of Miami Monument line on Biscayne Boulevard; tnenco'run Southerly along the west R/Id Line of Biscayne Boulevard to its intersection with the westerly extension of tree Soutn A/W Line of Chopin Pia=a, said line being 25 feet South or and parallel with the City of Miami Monument Line of S.E. 2 Street .extended East to the Oadc County DulKtnead Lino; theanco East along the South A/W lino of Chopin Plait and itit extensinn thereof, to a point of intersection with the East property line of Tract D, of Oupont Plat., according to the P1At cnereuf, ass recorded in Plat Oook 60, Page 11 of thn Public Reccaras of 04.dc County, Florida; tnenco Sow cn along said East proporty line of Tract D to ita intersection with the Easterly extension of tne-Nortn R/11 Lino of S.E. 3 Street; tnenco Mott along said Easterly extension of the North R/K Line Of S.E. 3 Street, 528e feet, to its lncersOttlOn' witn %no Northern prolongotion of the East side of the Miami COMPOSITE EXHIBIT 1 9 5 ` 102 L F S E P WED 1 6: 0 1 P. 10 kpp 4 �� �` f p01nt Con ter parg,ng Caragal said point of yntersecti,on being the of oe9inn+0g of the following descrload parcel of lens{+dethence end run South along the northerly prolongation of cne East "'do lElO� along tho East aide of the Miami Center Parking -- f¢et� to the South side of said 014mi Cehtvr ParKing Garage; j de o[ said ParKing dar®g®• and its the^co deal 'along the Souttl si Westerly prolongation, 28e1+� feet, to the Nest R/W 11Aa of line of Dlscsyno Boulevard; thence soutn along said ideal R/� xcen5ton, to th8 Northerly Biscayne Boulevard, and ics'Southerly e the Miami River; thence westerly along said Northorly bank of the East Dante of the Miami River co tcs intersection with lies Park, ' property line of lot 14, of the Amended Plat of Fort Oa according to the Plat thereof, as recorded to Plan DooK ^e^ca. Page 65 Of the public taoeords of Dada County. Florida; t North along tad East property lino o[ said lOe t9, end its rolon acione to its intorsection wleh the North R/W Northerly 9 9 1+ns Along the tlorttt R/W Lino of of S•E, 3 Street; thence East I S.E. 3 Street to Its intersection with cne Southerly exten's10Eesc cost R/W of ` Biscay Boulevard, tnenSe continue S � the 3 along tno edsterly prolongation of cne North R/k, Line of S.E. Street %0 its intersection with tnu northerly prolongation of the East side of the Miavn1 Center ParKing �arege, said point Of Intorsectlon being the point of beginnIng. 95- 102 'COMPOSITE EXHIBIT 1 �- 684 3 m Fig F P p 0 0 �I► � It � mug a,.,,,,.-......^1 � O • C� o ODD � � � � � � .... (_`�.�.��.�/ vetAi(rnal � .1 1 TF .V I1 r r - D-i N. E, •10 ST, , L: 0 9 o k-7] not M-11 El ■ � L ,� � • �.... ■ ■�If� . IUD � ■�� c1 � .. T r� ' ' . � � � ��� Ili ■I �I : = '! '=' ���: J _ IN 1 WINN I:Iltll j� d Apo -u I /ibodVT..:g7,�-� •� ' Gl�vort U [ll sy rA Fr =0 b MC:� 91 INN 91 E o rL COMPOSITE EXHIBIT 1 9 5— 102 y� 4 a: MW m Is ■ M s -tea w®r �®� ��® �► my 1� The In fonnadon Management Company 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126 305-477-9149.800-287-4799 • FAX 305-477-7526 cons FC 017 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM m The Honorable Mayor and TO : Members of the City Commission Ces FROM City er 1 Recommendation DATE : F1agIer// ore Area Security FILE SUBJECT District Special Improvement District REFERENCES: For September 28, 1995 City Commission Meeting ENCLOSURES: It is respectfully requested that the City Commission adopt the attached Resolution establishing a Special Assessment District for a period of one (1) year known as the Flagler/Core Area Security District Special Improvement District for the provision of promotional, marketing and related services; further, levying special assessments against properties in said District benefited through the provisions of such services in accordance with the final assessment filed with the City Clerk. Background Chapter 170, Florida Statutes (1989), allows municipalities in Home Rule Charter counties to levy and collect special assessments against properties benefited for the purpose of stabilizing and improving retail and wholesale business districts, or nationally recognized historic districts, or combinations thereof, through promotion, management, marketing and other similar services in business districts of the municipality. The Miami City Commission established the Flagler/Core Area Security District Special Improvement District, providing .enhanced street maintenance and similar services in the Downtown Central Business District. Section 107.07 of the Florida Statutes requires that a public hearing be held to hear testimony of all property owners to be assessed and any other interested parties pertaining to propriety and advisability of making such improvements, the cost thereof, and the amount thereof to be assessed against each property so improved within the Flagler/Core Area Security District Special Improvement District. Attached is a Resolution for City Commission to take testimony regarding the Flagler/Core Area Security District Special Improvement District during a public hearing scheduled September 28, 1995, 4:30 p.m. at City Hall and establish a Special Assessment District for a period of one (1) year and further to levy special assessments against properties in said District. CHO/PA/pc encl. 55684