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HomeMy WebLinkAboutR-23-0480City of Miami Resolution R-23-0480 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14910 Final Action Date: 10/26/2023 TIME CERTAIN OF 10:00 AM A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"); FURTHER ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE BID. SPONSOR(S): City Commission WHEREAS, Chapter 170, Florida Statutes, provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against properties benefited in a retail business district for the purposes of stabilizing and improving such districts through promotion, management, marketing, and other similar services in such districts; 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. 13-0293 confirming the creation of the Wynwood Business Improvement District ("BID") and the levy and collection of a special assessment fora 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, on June 8, 2023, the City Commission adopted Resolution No. 23- 0256, wherein it re-established the BID subject to the approval by a majority of the affected property owners for an additional period of ten (10) years; and WHEREAS, Resolution No. 23-0256 included a preliminary assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, all of which were open to the inspection of the public; and WHEREAS, Resolution No. 23-0256 was published on July 23, 2023 in the Miami Herald; and WHEREAS, on August 31, 2023, the Office of the City Clerk tabulated the results City of Miami Page 1 of 7 File ID: 14910 (Revision:) Printed On: 10/26/2023 File ID: 14910 Enactment Number: R-23-0480 of the affidavit process conducted pursuant to Resolution No. 23-0256 during the period of June 9, 2023 through August 18, 2023 for the re-establishment of the BID, wherein the BID was deemed to be approved by a majority of the affected property owners; and WHEREAS, on September 14, 2023, the City Commission adopted Resolution No. 23-0359 officially acknowledging the results of affidavit process conducted pursuant to Resolution No. 23-0256 during the period of June 9, 2023 through August 18, 2023 for the re-establishment of the BID; and WHEREAS, on September 14, 2023, the City Commission adopted Resolution No. 23-0360 pursuant to Section 170.07, Florida Statutes, fixing Thursday, October 26, 2023, at 10:00 A.M. at Miami City Hall, 3500 Pan American Drive, Miami, Florida, 33133 as the time and place at which the owners of the properties to be assessed pursuant to the preliminary assessment roll, or any other persons interested therein, may appear before the City Commission and be heard as to the propriety and advisability of stabilizing and improving the BID, as to the cost thereof, as to the manner of payment therefore, and as to the amount thereof to be assessed against each property so improved as set forth in Resolution No. 23-0256; and WHEREAS, on September 18, 2023, thirty (30) days' written notice was given to such property owners by mailing a copy of the notice including the amount of the assessment to each property owner and the date, time, and location affected property owners may appear before the City Commission at the property owner's last known address; and WHEREAS, proof of mailing of the required thirty (30) days' written notice was made by affidavit of the City Clerk on September 18, 2023, a copy of which is on file with the Office of the City Clerk and open to inspection by the public; and WHEREAS, notice of the time and place of the hearing as set forth in Resolution No. 23-0360 was published in the Miami Herald on Ocotber 10, 2023 and again on October 17, 2023; and WHEREAS, verification of such publications was made by affidavit of the publishers, filed with the Office of the City Clerk and open to inspection by the public; and WHEREAS, the City Commission met on October 26, 2023 at 10:00 a.m. as set forth in Resolution No. 23-0360 and heard testimony from affected property owners as to the propriety and advisability of stabilizing and improving the BID, as to the cost thereof, as to the manner of payment therefore, and as to the amount thereof to be assessed against each property so improved; and WHEREAS, following such testimony, the City Commission found that the assessment had been fairly and reasonably apportioned amongst the properties that will receive the special benefit and decided to levy the special assessments; and WHEREAS, the City Commission met as an Equalization Board to hear and consider any and all complaints as to the special assessment; and WHEREAS, the assessments set forth in Resolution No. 23-0256 are approved and a Final Assessment Roll with boundaries as follows shall be filed with the Office of City of Miami Page 2 of 7 File ID: 14910 (Revision:) Printed on: 10/26/2023 File ID: 14910 Enactment Number: R-23-0480 the City Clerk: 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: City of Miami Page 3 of 7 File ID: 14910 (Revision:) Printed on: 10/26/2023 File ID: 14910 Enactment Number: R-23-0480 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 xi. 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 1st 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 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 1st 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 City of Miami Page 4 of 7 File ID: 14910 (Revision:) Printed on: 10/26/2023 File ID: 14910 Enactment Number: R-23-0480 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 21st St will be included in the BID: i. 01-3125-051-0090 ii. 01-3125-054-0600 Wynwood BID Boundaries/North - South Streets 23. NW 3rd Ave (East & West sides) from NW 29th St to NW 21st St. 24. NW 2nd Ave (East & West sides) from NW 29th St to NW 21st St. 25. NW 1st PI (East & West sides) from NW 23rd St to NW 21st St 26. NW 1st Ct (East & West sides) from NW 23rd St to NW 21 st St. 27. NW 1st Ave (East & West sides from NW 21st 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 21st St 30. NW Miami Ct (East and West sides) from NW 21st 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; City of Miami Page 5 of 7 File ID: 14910 (Revision:) Printed on: 10/26/2023 File ID: 14910 Enactment Number: R-23-0480 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 confirmed to be levied and collected and the re-establishment of a special assessment district to be known as the BID is hereby confirmed for an additional period of ten (10) years with boundaries to be as depicted in composite Exhibit "A," attached and incorporated by this reference, 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 initial assessment shall be payable to the BID 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, which date shall be no more than thirty (30) days following the confirmation by the City Commission of the Final Assessment Roll. 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. The initial assessment levied against a benefited property shall be prorated based on the total assessment levied for Fiscal Year 2023-2024 minus any assessments already collected, if any, in the same fiscal year prior to the adoption of this Resolution confirming the Final Assessment Roll. Section 5. All subsequent assessments shall be payable to the BID 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. 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 BID area upon which the special assessments shall be levied shall incorporate the total area set forth in the map as set forth in Exhibit "A-1" and shall reflect the geographic boundaries description as set forth in Exhibit "A-2," both attached hereto and incorporated herein. Section 7. The special assessment shall be levied and collected for a ten (10) City of Miami Page 6 of 7 File ID: 14910 (Revision:) Printed on: 10/26/2023 File ID: 14910 Enactment Number: R-23-0480 year period and another vote of the affected property owners is required prior to the termination of such ten (10) year period to determine whether to continue or discontinue the special assessment, include additional properties in the district, or change the boundaries of the district. Section 8. In accordance with Chapter 170, Florida Statutes, there is on file with the Office of the City Clerk at the time of the adoption of this Resolution a Final 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 and incorporated herein as composite Exhibits "A" and "B," which shall be open to inspection by the public. Section 9. In accordance with Chapter 170, Florida Statutes, there is on file with the Office of the City Clerk at the time of the adoption of this Resolution a Final Assessment Roll showing the lots to be assessed, the amounts of benefits to the properties to be assessed, and the assessments against each lot, both as confirmed by the City Commission. Section 10. 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 authorized1 and directed to undertake any and all necessary actions and procedures to take such actions as contemplated by this Resolution. Section 11. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey l 10/26/2023 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 7 of 7 File ID: 14910 (Revision:) Printed on: 10/26/2023