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HomeMy WebLinkAboutR-10-0057City of Miami Legislation Resolution: R-10-0057 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNO N THE MIMO BUSINESS IMPROVEMENT DISTRICT ("MIMO BID") AND AUTHORIZING THE LEVYAND COLLECTION OFASPECIALASSE Nl A PERIOD OF FIVE (5) YEARS SUBJECT TO THE APPROVAL OF AJOR AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE A ST BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSES SM PROCEDURES, PAYMENTS, AND STATUTORY LIENS; P F PUBLICATION OF LEGAL NOTICE; AUTHORIZING AN EC H MANAGER, THE CITY CLERK, THE FINANCE DIRE AND ALL HE NECESSARY CITY OFFICIALS, AFTER CONSULTAT ITH THE Y ATTORNEY, TO UNDERTAKE ALL NECESSARY TIO ND PRO DUF ACCOMPLISH THE PURPOSE SET FORTH IN T ES 10 ACCORDANCE WITH CHAPTER 170, FLORIDA ST ES. WHEREAS, Chapter 170, 1 approval of a majority of the a against property benefited in a such district through promotion, and WHEREAS, in 20 from 50th Street n Historic District ("IV architecture and str vides that a municipality, subject to the levy and collect special assessments ,r the purposes of stabilizing and improving ; and other similar services in such districts; "C designated the area including Biscayne Boulevard Florida, as the Miami Modern/Biscayne Boulevard purpose of preserving and protecting the 1950's era usi Improvement Committee ("MiMo BIC"), an advisory committee 11Wmed to create a business improvement district that will revitalize MiMo Biscayne Boulevard; and LL-the e on information collected over many years at various workshops, seminars, results of independent market research, the MiMo BIC has determined riate means of stabilizing and improving the retail district in the MiMo District is apt of a business improvement district area to be known as the MiMo Business strict ("MiMo BID"); and EREAS, the City supports the purpose and the formation of the MiMo BID; and WHEREAS, the business improvement district concept is based on a partnership between the City, property owners, merchants, businesses, and other organizations in the commercial community, with funding to be generated by a special assessment to be levied on property owners within a City of Miami Rescinded by R-10-0164 Page I of 4 File Id. 10-00107 (Version: 1) Printed On: 7/17/2017 File Number: 10-00107 Enactment Nilnaber: R-10-0057 specified geographic area and with affected property owners agreeing to assess themselves to pay for supplemental services which are to be determined by the affected property owners; and WHEREAS, the MiMo BIC is recommending that the City Commission consider adopting an ordinance that would: (i) establish a governing board for the MiMo BID, (ii) establish the structure, procedures, powers, duties, and other requirements for such governing board of the MiM d (iii) require such board to report annually to the City Commission regarding the goal jecti services, programs, and projects accomplished and annual budget allocations; and WHEREAS, the assessed properties of the proposed MiMo BID include on and not -for -profit property used for commercial purposes; and WHEREAS, property owned or occupied by the City, other govern al en not-for-lWfit organization property (used for their related charitable purposes) and resid erty ar xempt from the assessment; and �� WHEREAS, the boundaries of the proposed MiMo BID All lots and lands (on composite "Exhibit A" at he eto) adjoi and contiguous or bounding and abutting upon such improvement spec benefi thereby, and further designated by the assessment plat hereinafter pro wh e all of the commercial properties consisting of an area of th mmercia e o cayne Boulevard on the properties abutting: a) All properties abutting Biscayne Northeast 82nd Street in the north; b) Biscayne Plaza Shopp Northeast 4th Place to thi to the East), including the Northeast 61 st Street in the south to M Northeast 79th Street to the South, 31 s treet to the North, and Biscayne Boulevard n Northeast 81 st Street; and WHEREAS, the City hereby finds that the assessment has been fairly and reasonably applrtion, i7dst the )roperties that will receive the special benefit; NOW,4AEREFORE, , r'q 17-- ,�LSOLVED BY THE COMMISSION OF THE CITY OF MIAMI, ;,and findings contained in the Preamble to this Resolution are adopted by d as if fully set forth in this Section. 2. Pur�iant to the provisions of Chapter 170, Florida Statutes (2009), a special a reby authorized to be levied and collected and a special assessment district to be wn as the MiMo Business Improvement District ("MiMo BID"), is hereby created for a period of five ears, with boundaries to be as set forth in composite "Exhibit A" hereto, subject to the approval by jority of affected property owners in said district, for the purposes of stabilizing and improving retail usiness in said district through promotion, management, marketing, and other similar services. City of Miami Page 2 of 4 File Id. 10-00107 (Version: 1) Printed On: 7/17/2017 Rescinded by R-10-0164 File Number: 10-00107 Enactment Nilnaber: R-10-0057 Section 3. The total estimated cost of the services to be funded by the proposed special assessments is approximately One Hundred Forty Eight Thousand Two Hundred Seventy One Dollars ($148,271) for year one, One Hundred Sixty Four Thousand Seventy Nine Dollars ($164,079) for year two, One Hundred Eighty Seven Thousand Four Hundred Seventy Nine Dollars ($187,479) for year three, Two Hundred Three Thousand Three Hundred Sixty Five Dollars ($203,365) for ye d Two Hundred Twenty One Thousand Thirty Four Dollars ($221,034) for year five, spe assessments shall be levied in accordance with the applicable provisions of Chap 70, Florid Statutes (2009), for the purposes of defraying a portion of the costs of services, rams, and projects, and based on the proposed Business Plan and Budget attached here "E B", and based upon the assessment methodologies by categories as set forth in "Exhi '. Section 4. The first year assessment shall be payable to the Finance ctor City on Wch date as shall be contained in a bill to be mailed to each property owner wi iMo BI t least thirty (30) days prior to the due date, and no earlier than thirty (30) Ilo he co ation by the Commission of the Final Assessment Roll. Assessments o t e shall be payable either to the Finance Director of the City, or to the -Dade C Ta lector, in the City's discretion, subject to proper notice of the due date; ssments no aid when due shall become due and payable in accordance with statutory pr isio d shall re in liens, coequal with the lien of all state, county, district, and municipal taxes, for i nity to other liens, titles, and claims, until paid, and shall bear interest, at such rate or ra s sp Section 170.09, Florida Statutes (2009). Section 5. The proposed MiMo BID are subject to the approval of a majority of boundaries description and incorporate the "Exhibit A". Section 6. The special as another approval by the affec five (5) year period to the it include additional pro assessments shall be levied, rty owners, shall reflect the geographic iLrth in the map, as set forth in composite wieffl5nd collected for a five (5) year period and would be required prior to the termination of such ;ontinue or discontinue the special assessment or e the boundaries of the district. pter 170, Florida Statutes (2009), there is on file with the City this Resolution, an assessment plat showing the area to be ns, and an estimate of the cost of the proposed improvement, s, services, and projects, and a cost estimate as indicated in the ed hereto as Exhibit B, which shall be open to inspection by the ion acc nce with Chapter 170, Florida Statutes (2009), there is on file with the City lerk he tim adoption of this Resolution, a Preliminary Assessment Roll showing the lots to be a d, the ounts of benefits to the properties to be assessed, and the assessments against e all be considered at a future duly advertised Public Hearing to be held by the City mission following the approval of a majority of affected property owners, at a time and place to t in a separate Resolution, at which time the City Commission shall hear as an equalizing board all es in regard to the proposed assessment, and after making any adjustments that the City Com ssion may deem appropriate, the Final Assessment Roll will be confirmed by a Resolution of City of Miami Page 3 of 4 File Id. 10-00107 (Version: 1) Printed On: 7/17/2017 Rescinded by R-10-0164 File Number: 10-00107 Enactrraent Nnnaber: R-10-0057 the City Commission. Section 9. This Resolution herein creating a special assessment district shall be advertised following its adoption. Section 10. The City Manager, the City Clerk, the Finance Director, and other nec officials, after consultation with the City Attorney, are authorized{1} and directed to 01rtake necessary actions and procedures to take such actions as contemplated by this Reso n, includi any action appropriate in connection with obtaining the approval of the affected proper ners. Section 11. This Resolution shall become effective upon the date s adopts ere' provided, however, that if the proposed special assessment does not r ve th pro majority of the affected property owners pursuant to a petition process ucted e MiMo C, this resolution shall be null and void.{2} Footnotes: {1} The herein authorization is further subject to complidq imposed by the City Attorney, including but not o thos and Code provisions. {2} If the Mayor does not sign this ResoluJ& it becon days from the date it was passed and adop If th or e Cit uirements that may be cri by applicable City Charter ie-TWtive at the end of ten calendar vetoes this Resolution, it shall become emission. City of Miami Rescinded by R-10-0164 Page 4 of 4 File Id. 10-00107 (Version: 1) Printed On: 7/17/2017