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HomeMy WebLinkAboutAgenda Item Cover PageG*�Y of AGENDA ITEM COVER PAGE File ID: #14082 Losi9 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF TEN (10) YEARS, SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS FOR THE CONTINUED EXISTENCE OF THE BID; PROVIDING FOR THE NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE BID EXECUTIVE DIRECTOR, BID BOARD MEMBERS, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE AND INTENT SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. of .�f City of Miami City Hall * INC IIf 1°AT10 * 3500 Pan American Drive .r;<. 11 eA Legislation Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-23-0256 File Number: 14082 Final Action Date:6/8/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF TEN (10) YEARS, SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS FOR THE CONTINUED EXISTENCE OF THE BID; PROVIDING FOR THE NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE BID EXECUTIVE DIRECTOR, BID BOARD MEMBERS, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE AND INTENT SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. WHEREAS, Chapter 170, Florida Statutes, authorizes a municipality, subject to the approval of a majority of the affected property owners, to levy and collect special assessments against properties benefited in a retail business district for the purposes of stabilizing and improving such district through promotion, management, marketing, and other similar services in such districts; and WHEREAS, on April 11, 2013, the City Commission adopted Resolution No. R-13-0136 establishing the Wynwood Business Improvement District ("BID"), subject to the approval of a majority of the affected property owners, for a period of ten (10) years; and WHEREAS, following approval by a majority of the affected property owners and other statutory prerequisites as set forth in Chapter 170, Florida Statutes, the City Commission, on July 25, 2013, adopted Resolution No. R-13-0293 confirming the creation of the BID and the levy and collection of a special assessment for a period of ten (10) years within the BID's boundaries; and WHEREAS, the Board of Directors of the BID ("BID Board") was established to stabilize and improve retail and other business in the areas described in Sections 35-229 and 62-645 of the Code of the City of Miami, Florida, as amended ("City Code"), and the assessed area known as the BID, as more particularly described in Resolution No. R-13-0136 and confirmed in Resolution No. R-13-0293, through promotion, management, marketing, and other similar services, including but not limited to, coordination, funding, implementation and maintenance of infrastructure improvements, and other projects; and WHEREAS, the BID has developed a variety of programs to keep the BID clean and secure, fund marketing projects, sponsor special events, beautify the streetscapes, make capital improvements, collect and disseminate economic development research, facilitate access to parking, foster new business relationships, and partner with national, state, and local organizations; and WHEREAS, the BID assists the City of Miami ("City") by handling basic, services including security, sanitization, and beautification in addition to subsidizing major capital improvement projects; and WHEREAS, it is in the best interest of the property owners and merchants located within the BID boundaries to maintain the services that the Wynwood residents and BID stakeholders have enjoyed for the last ten (10) years and have come to expect; and WHEREAS, on October 22, 2022, the BID Board recommended that the BID be renewed, subject to approval by a majority of the affected property owners, for an additional ten (10) year period; and WHEREAS, the boundaries of the proposed BID are as follows: All lots and lands (as depicted in Exhibits A-1 and A-2, attached and incorporated herein) adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby, and further designated by the assessment plat, hereinafter provided, which include all of the commercial properties consisting of a forty-seven (47) block area of the central commercial core of Wynwood on the properties abutting: Wynwood BID Boundaries/East - West Streets 1. NW 29th St (South side only) from the East side of NW 5th Ave to the West side of NW 2nd Ave. 2. NW 29th St (North & South Sides) from the East side of NW 2nd Ave to the West side of North Miami Ave. a. The following folio(s) on the North side of NW 29th St will be excluded from the BID: i. 01-3125-028-0560 ii. 01-3125-028-0570 3. NE 29th St (South side only) from the East side of North Miami Ave to the West side of the railroad tracks. a. The following folio on the South side of NE 29th St will be excluded from the BID i. 01-3125-004-0160 4. NW 28th St (North & South sides) from the East side of NW 5th Ave to the West side of North Miami Ave. 5. NE 28th St (North & South sides) from the East side of North Miami Ave to the West side of the railroad tracks. a. The following folio on the North side of NE 28th St will be excluded from the BID: i. 01-3125-005-0450 b. The following folio(s) on the South side of NE 28th St will be excluded from the BID: i. 01-3125-005-0430 ii. 01-3125-005-0440 6. NW 27th St (North & South sides) from the East side of NW 5th Ave to the West side of North Miami Ave. a. The following folio(s) on the North side of NW 27th St will be excluded from the BID: i. 01-3125-029-0790 ii. 01-3125-029-0710 iii. 01-3125-029-0460 iv. 01-3125-029-0480 v. 01-3125-029-0430 b. The following folio(s) on the South side of NW 27th St will be excluded from the BID: i. 01-3125-029-0260 ii. 01-3125-029-0210 7. NE 27th St (North & South sides) from the East side of North Miami Ave to the West side of the railroad tracks. 8. NW 26th St (North & South sides) from the East side of NW 5th Ave to the West side of NW 2nd Ave. 9. NW 26th St (North & South sides) from the East side of NW 2nd Ave to the West side of North Miami Ave. a. The following folio(s) on the North and South sides of NW 26th St will be excluded from the BID: i. 01-3125-029-0350 ii. 01-3125-029-0360 iii. 01-3125-029-0390 iv. 01-3125-029-0340 v. 01-3125-029-0920 vi. 01-3125-029-0930 vii. 01-3125-029-1180 viii. 01-3125-029-1170 ix. 01-3125-029-0960 x. 01-3125-029-1210 A. 01-3125-029-0910 10. NE 26th St (North & South sides) from the East side of North Miami Ave to the West side of the railroad tracks. 11. NW 25th St (North & South sides) from the East side of NW 5th Ave to the West side of NW 1 st Ave. a. The following folio(s) on the North side of NW 25th St will be excluded from the BID: i. 01-3125-029-1070 ii. 01-3125-029-1080 iii. 01-3125-029-1090 iv. 01-3125-029-1100 v. 01-3125-029-1110 vi. 01-3125-029-1140 vii. 01-3125-029-1130 viii. 01-3125-029-1120 12. NW 25th St (North & South sides) from the East side of NW 1 st Ave to the West side of North Miami Ave. 13. NE 25th St (North & South sides) from the East side of North Miami Ave to the West Side of the railroad tracks. 14. NW 24th St (North & South sides) from the East side of NW 5th Ave to the West side of North Miami Ave. a. The following folio on the South side of NW 24th St will be excluded from the BID: i. 01-3125-037-0420 15. NE 24th St (North & South sides) from the East side of North Miami Ave to the West side of the railroad tracks. 16. NW 23rd St (North & South sides) from the East side of NW 5th Ave to the West side of North Miami Ave. a. The following folio on the South side of NW 23rd St will be excluded from the BID: i. 01-3125-067-0010 ii. 01-3125-079-0001 b. The following folio on the North side of NW 23rd St will be excluded from the BID: i. 01-3125-038-0050 17. NE 23rd St (North & South sides) from the East side of North Miami Ave to the West side of the railroad tracks. 18. NW 22nd St (North side only) from the East side of NW 5th Ave to the West side of NW 2nd Ave. a. The following folio(s) on the North side of NW 22ND St will be excluded from the BID: i. 01-3125-039-0070 ii. 01-3125-039-0050 b. The following folio(s) on the South side of NW 22ND street will be excluded from the BID: i. 01-3125-039-0330 ii. 01-3125-039-0360 19. NW 22nd St (North and South sides) from the East side of NW 2nd Ave to the West side of North Miami Ave. a. The following folio on the North sides of NW 22nd St will be excluded from the BID: i. 01-3125-067-0030 20. NW 22nd St. (North and South sides) from East side of North Miami Ave to the West side of the railroad tracks. 21. NW 22ND Lane (North and South sides) from the East side of NW 5th Ave to the West side of NW 2nd Ave. a. The following folio(s) from the North side of 22nd lane will be excluded from the BID: i. 01-3125-044-0020 22. NW 21 st St (North side) only from the East side of NW 3rd Ave to the West side of North Miami Ave. a. The following folio(s) on the South side of NW 21 st St will be included in the BID: i. 01-3125-051-0090 ii. 01-3125-054-0600 Wvnwood BID Boundaries/North - South Streets 23. NW 3rd Ave (East & West sides) from NW 29th St to NW 21 st St. 24. NW 2nd Ave (East & West sides) from NW 29th St to NW 21 st St. 25. NW 1 st PI (East & West sides) from NW 23rd St to NW 21 st St 26. NW 1 st Ct (East & West sides) from NW 23rd St to NW 21 st St. 27. NW 1 st Ave (East & West sides from NW 21 st St to NW 29th St. 28. N Miami Ave (East & West sides) from NW 29th St to NW 20th St. 29. NW Miami Ct (East side only) from NW 20th St to NW 21 st St 30. NW Miami Ct (East and West sides) from NW 21 st St to NW 23rd St ADDITIONAL FOLIOS INCLUDED IN THE WYNWOOD BID GEOGRAPHIC AREA 31. 2700 N. Miami Ave., 01-3125-083-1010 (ground fl. retail wrap frontage only) 32. 94 NE 29th Street, 01-3125-004-0240 33. 115 NW 23rd Street, 01-3125-038-0100 34. 208 NW 28th Street, 01-3125-031-0020 35. 285 NW 27th Terrace, 01-3125-031-0110 36.2137 NW 2nd Ave., 01-3125-051-0040 37. 260 NW 28th Street, 01-3125-031-0070 WHEREAS the boundaries of the proposed BID include only commercial property and not -for -profit property used for commercial purposes; WHEREAS, although included within the boundaries described above and in composite Exhibit "A," attached and incorporated, is property owned or occupied by the City, other governmental entities, churches (used for religious purposes), libraries, not -for -profit organization property (used for their related charitable purposes), and residential property, said properties are exempt from the assessment, except to the extent any such property wishes to include themselves within the BID; and WHEREAS, the affidavit collection process of the Wynwood BID will commence upon adoption of this Resolution and shall end on August 18, 2023, at 5:00 p.m. at which time all collected affidavits shall be submitted to the Office of the City Clerk as outlined in Exhibit "D", attached and incorporated herein; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to the provisions of Chapter 170, Florida Statutes, a special assessment is hereby authorized to be levied and collected and a special assessment district to be known as the BID is hereby renewed for a period of ten (10) years, with boundaries to be as set forth in Exhibits "A-1 and A-2," attached and incorporated, subject to the approval of a majority of affected property owners in said BID, for the purposes of stabilizing and improving retail business in said BID through promotion, management, marketing, and other similar services. Section 3. The total estimated cost of the services to be funded by the proposed special assessments is approximately One Million Seven Hundred Five Thousand Seven Hundred Fifty Two Dollars and Zero Cents ($1,705,752.00) per year and special assessments shall be levied in accordance with the applicable provisions of Chapter 170, Florida Statutes, for the purposes of defraying a portion of the costs of services, programs, and projects and based on the proposed Business Plan and Budget, attached hereto as composite Exhibit "B" and based upon the assessment methodologies by categories, and set forth in Exhibit "C," both attached and incorporated. Section 4. The assessment shall be payable to Miami Dade County, or such other designated governmental agency, on such date as shall be contained in a bill to be mailed to each property owner within the BID at least thirty (30) days prior to the due date, and within thirty (30) days following confirmation by the City Commission of the Final Assessment Roll. These funds will then be transferred to the City and then the BID for funding of annual operations. Section 5. Installments not paid when due shall become due and payable in accordance with statutory provisions and shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims until paid and shall bear interest at such rate or rates as specified in Section 170.09, Florida Statutes. Section 6. The assessment levied against a benefited property upon the approval of a majority of affected property owners shall be prorated based on the number of days remaining in the fiscal year from the date the Final Assessment Roll is confirmed by Resolution of the City Commission, pursuant to Chapter 170, Florida Statutes, minus any assessments already collected, if any, in the same fiscal year prior to the date the Resolution confirming the Final Assessment Roll is adopted. Section 7. The proposed BID area upon which the special assessments shall be levied, subject to the approval of a majority of affected property owners, shall incorporate the total area set forth in the map attached and incorporated as Exhibit "A-V and shall reflect the geographic boundaries description, as set forth in Exhibit "A-2," both attached hereto and incorporated. Section 8. The special assessment shall be levied and collected for a ten (10) year period and another petition and affidavit in support of the BID by the affected property owners would be required prior to the termination of such ten (10) year period, to determine whether to continue or discontinue the special assessment, or include additional properties in the BID, or change the boundaries of the BID. Section 9. In accordance with Section 170.04, Florida Statutes, there is on file with the City Clerk at the time of the adoption of this Resolution an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, the details of the proposed programs, services, and projects, and a cost estimate as indicated in the Business Plan and Budget, attached hereto as composite Exhibits "B," which shall be open to inspection by the public. Section 10. In accordance with Chapter 170, Florida Statutes, a Preliminary Assessment Roll showing the lots and lands assessed and the amount of the benefit and the assessment against each lot or parcel of land shall be considered at a future duly advertised Public Hearing to be held by the City Commission, following the approval of a majority of affected property owners at a time and place to be set in a separate Resolution. At that time the City Commission shall hear, as an equalizing board, all parties in regard to the proposed assessment and after making any adjustments that the City Commission may deem appropriate, the Final Assessment Roll will be confirmed by a Resolution of the City Commission. Section 11. In accordance with Section 170.05, Florida Statutes, this Resolution shall be published one (1) time in a newspaper of general circulation in the City of Miami ("City") upon its adoption. Section 12. The City Commission hereby finds that the assessment has been fairly and reasonably apportioned amongst the properties that will receive the special benefit. Section 13. The City Manager, the City Clerk, the Finance Director, the Executive Director of the BID, the BID Board, and other necessary City officials, after consultation with the City Attorney, are authorized' and directed to undertake any and all necessary actions and procedures to take such actions, as contemplated by this Resolution, including any action appropriate in connection with obtaining the approval of the affected property owners. Section 14. This Resolution shall become effective upon the date of its adoption herein provided, however, that if the proposed special assessment does not receive the approval of a majority of the affected property owners in the BID, this Resolution shall be null and void. Section 15. In the event that the proposed special assessment does not receive the required majority approval, the BID shall continue to exist without change as originally created pursuant to Resolution Nos. R-13-0136 and R-13-0293 and upon expiration of the initial 10-year period shall cease to exist. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i ndez, City Attvr iey 513012023 Uria ndez, City Httvr ey 6/812023 Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of the original version.