Loading...
HomeMy WebLinkAboutLegislationFile Number: 09-00077 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT. WHEREAS, Chapter 170, Florida Statutes (2007) provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property 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 July 24, 2008, the City Commission adopted Resolution No. 08-0455, wherein it created the Coconut Grove Business Improvement District ("BID"), subject to the approval by a majority of the affected property owners, for a period of ten (10) years; and WHEREAS, Resolution No. 08-0455 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 which were open to the inspection of the public; and WHEREAS, on November 21, 2008, the City of Miami ("City"), through its Office of the City Clerk, tabulated the results of a special election conducted during the period of October 15, 2008 through November 21, 2008, for the creation of the BID, wherein the BID was deemed to be approved by a majority of the affected property owners; and WHEREAS, on December 11, 2008, the City Commission adopted Resolution No. 08-0710, fixing Thursday, February 12, 2009, at 2:30 p.m. at City Hall, located at 3500 Pan American Drive, Miami, Florida, 33133, as the time and place at which the owners of the property 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 making the improvements, 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, on January 7, 2009, thirty (30) days written notice was given to such property owners by mailing a copy of the notice and including the amount of the assessment to each property owner at his or her last known address; and WHEREAS, Resolution No. 08-0455 was published on January 20, 2009, in the Daily Business Review; and WHEREAS, proof of mailing of the required thirty (30) days notice was made by affidavit of the City Clerk on February 4, 2009, a copy of which is on file with the City Clerk's Office; and City of Miami Page I of 4 Printed On: 1/312009 PH.8 ,. Cit of Miami y Legislation r www.miamigov.cocom Resolution File Number: 09-00077 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT. WHEREAS, Chapter 170, Florida Statutes (2007) provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property 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 July 24, 2008, the City Commission adopted Resolution No. 08-0455, wherein it created the Coconut Grove Business Improvement District ("BID"), subject to the approval by a majority of the affected property owners, for a period of ten (10) years; and WHEREAS, Resolution No. 08-0455 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 which were open to the inspection of the public; and WHEREAS, on November 21, 2008, the City of Miami ("City"), through its Office of the City Clerk, tabulated the results of a special election conducted during the period of October 15, 2008 through November 21, 2008, for the creation of the BID, wherein the BID was deemed to be approved by a majority of the affected property owners; and WHEREAS, on December 11, 2008, the City Commission adopted Resolution No. 08-0710, fixing Thursday, February 12, 2009, at 2:30 p.m. at City Hall, located at 3500 Pan American Drive, Miami, Florida, 33133, as the time and place at which the owners of the property 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 making the improvements, 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, on January 7, 2009, thirty (30) days written notice was given to such property owners by mailing a copy of the notice and including the amount of the assessment to each property owner at his or her last known address; and WHEREAS, Resolution No. 08-0455 was published on January 20, 2009, in the Daily Business Review; and WHEREAS, proof of mailing of the required thirty (30) days notice was made by affidavit of the City Clerk on February 4, 2009, a copy of which is on file with the City Clerk's Office; and City of Miami Page I of 4 Printed On: 1/312009 File Number: 09-00077 WHEREAS, notice of the time and place of the hearing, as set forth in Resolution No. 08-0710 was published in the Miami Herald on January 29, 2009 and in the Daily Business Review on February 5, 2009; and WHEREAS, verification of such publications was made by affidavit of the publishers and filed with the City Clerk's Office; and WHEREAS, the City Commission met on February 12, 2009 at 2:30 p.m. as set forth in Resolution No. 08-0710 and heard testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property; 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. 08-0455 are approved, and a Final Assessment Roll with boundaries as follows shall be filed with the City Clerk's Office: All lots and lands (as depicted on "Exhibit A" attached hereto) 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 an eighteen (18) block area of the central commercial core of Coconut Grove on the properties abutting: a) the north side of South Bayshore Drive from Darwin Street to McFarlane Road, b) McFarlane Road from South Bayshore Drive to Main Highway, c) Main Highway from McFarlane Road to Franklin Avenue including the single commercial property just south of Franklin Avenue, d) Commodore Plaza, e) Fuller Street, f) Grand Avenue from Margaret Street to Mary Street, g) the west side of Matilda Street from Grand Avenue to Florida Avenue, h) Virginia Street from Grand Avenue to Oak Avenue, i) Mary Street from South Bayshore Drive to Oak Avenue, j) Oak Avenue from Virginia Street to Mary Street, k) Rice Street between Oak and Florida Avenues, 1) Florida Avenue between Virginia and Mary Streets, m) Tigertail Avenue from Mary Street to Darwin Street, n) S.W. 27th Avenue from Tigertail Avenue to South Bayshore Drive and o) the west side of Darwin Street from Tigertail Avenue to South Bayshore Drive. Although included within the boundaries described above, the BID expressly excludes 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), the condominium hotels known as The Commodore Inn, The Mayfair Hotel & Spa, The Sonesta Bayfront City of Miami Page 2 of 4 Printed On: 213/2009 File Number: 09-00077 Hotel, The Mutiny Hotel, and The Ritz-Carlton Coconut Grove, and residential property, except to the extent any such property wishes to include themselves within the BID; and 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 (2007), a special assessment is confirmed to be levied and collected, and the creation of a special assessment district to be known as the BID, is hereby confirmed, for a period of ten (10) years, with boundaries to be as depicted in "Exhibit A," attached and incorporated by this reference, for the purposes of stabilizing and improving retail and other business in said district 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 Four Hundred and Ninety Thousand, Six Hundred and Ninety -Four Dollars ($490,694.00) 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 Budget attached hereto as "Exhibit B," and based upon the assessment methodologies by categories and the actual final assessments as set forth in composite "Exhibit C," both attached and incorporated by this reference. 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; installment 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 5. All subsequent assessments shall be payable to the Finance Director of the City 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; installment 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 attached as "Exhibit A" attached and incorporated by reference herein and shall reflect the geographic boundaries description as set forth above. Section 7. The special assessment shall be levied and collected for a ten (10) year period and another vote of 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 district or change the boundaries of the district. Section 8. In accordance with Chapter 170, F.S. there is on file with the City Clerk at the time City of Miami Page 3 of 4 Printed On: 1/312009 File Number: 09-00077 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 Budget attached hereto as "Exhibit B," which shall be open to inspection by the public. Section 9. In accordance with Chapter 170, F.S., there is on file with 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 Miami Parking Authority, the Executive Director of the BIC, and other necessary City officials, after consultation with the City Attorney, are authorized{1} and directed to undertake 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: JULIE 0. BRU CITY ATTORNEY Footnotes: 11) 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 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. City of Miami Page 4 of 4 Printed On: 2/3/2009