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HomeMy WebLinkAboutLegislation>; City of Miami x Legislation Resolution File Number: 10-00107b City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING IN ITS ENTIRETY RESOLUTION NO. 10-0164, ADOPTED APRIL 8, 2010, RELATING TO THE FORMATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT ("MIMO BID"); FURTHER ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE MIMO BID AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF FIVE (5) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR 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, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. WHEREAS, Resolution No. 10-0164 adopted April 8, 2010, provided for the establishment of the MiMo Business Improvement District ("MiMo BID") pursuant to certain boundaries and assessment roll; and WHEREAS, the Miami City Commission wishes to rescind Resolution No. 10-0164 adopted April 8, 2010, and provide updated boundaries, budget and assessment roll for the establishment of the MiMo BID; and WHEREAS, Chapter 170, Florida Statutes (2009) 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, in 2006, the City of Miami ("City") designated the area including Biscayne Boulevard from 50th Street north to 77th Street, Miami, Florida, as the Miami Modern/Biscayne Boulevard Historic District ("MiMo District") for the purpose of preserving and protecting the 1950's era architecture and structures; and WHEREAS, the MiMo Business Improvement Committee ("MiMo BIC"), an advisory committee independent of the City, was formed to create a business improvement district that will revitalize Miami's commercial historic MiMo Biscayne Boulevard; and WHEREAS, based upon information collected over many years at various workshops, seminars, City of Miami Page 1 of 4 File Id. 10-00107b (Version: 1) Printed On: 4/13/2010 File Number.' 10-00107b public meetings and as the results of independent market research, the MiMo BIC has determined that the most appropriate means of stabilizing and improving the retail district in the MiMo District is the establishment of a business improvement district area to be known as the MiMo BID; and WHEREAS, 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 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 MiMo BID; and (iii) require such board to report annually to the City Commission regarding the goals, objectives, services, programs, and projects accomplished and annual budget allocations; and WHEREAS, the assessed properties of the proposed MiMo BID include only commercial property and not-for-profit property used for commercial purposes; and WHEREAS, property owned or occupied by the City, other governmental entities, not-for-profit organization property (used for their related charitable purposes) and residential property are exempt from the assessment; and WHEREAS, the boundaries of the proposed MiMo BID are as follows: Florida; All lots and lands (on composite "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 area of the commercial core of Biscayne Boulevard on the properties abutting: a) Biscayne Boulevard from Northeast 61st Street in the south to Northeast 82nd Street, Miami, Florida, in the north; b) INCLUDED are the properties located on the south side of Northeast 61st Street, Miami, c) EXCLUDED are the properties located on the north side of Northeast 82nd Street, Miami, Florida; and WHEREAS, the City Commission hereby finds that the assessment has been fairly and reasonably apportioned amongst the properties that will receive the special benefit; 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 City of Miami Page 2 of 4 File Id. 10-00107h (Version: 1) Printed On: 411312010 File Number: 10-00107b reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to the provisions of Chapter 170, Florida Statutes (2009), a special assessment is hereby authorized to be levied and collected and a special assessment district to be known as the MiMo Business Improvement District ("MiMo BID"), is hereby created for a period of five (5) years, with boundaries to be as set forth in composite "Exhibit A" hereto, subject to the approval by a majority of affected property owners in said district, for the purposes of stabilizing and improving retail 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 One Hundred Thirty Seven Thousand Three Hundred Fifty Five Dollars ($137,355) for year one, One Hundred Fifty One Thousand Nine Hundred Thirty Seven Dollars ($151,937) for year two, One Hundred Seventy Four Thousand One Hundred Fifty One Dollars ($174,151) for year three, One Hundred Eighty Eight Thousand Eight Hundred Thirteen Dollars ($188,813) for year four and Two Hundred Five Thousand Three Hundred One Dollars ($205,301) for year five, and special assessments shall be levied in accordance with the applicable provisions of Chapter 170, Florida Statutes (2009), 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 "Exhibit B", and based upon the assessment methodologies by categories as set forth in "Exhibit C". Section 4. The first year assessment 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 MiMo BID at least thirty (30) days prior to the due date, and no earlier than thirty (30) days following the confirmation by the Commission of the Final Assessment Roll. Assessments for years two through five shall be payable either to the Finance Director of the City, or to the Miami -Dade County Tax Collector, in the City's discretion, subject to proper notice of the due date; assessments 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 (2009). Section 5. The proposed MiMo BID area upon which the special assessments shall be levied, subject to the approval of a majority of affected property owners, shall reflect the geographic boundaries description and incorporate the total area set forth in the map, as set forth in composite "Exhibit A". Section 6. The special assessment shall be levied and collected for a five (5) year period and another approval by the affected property owners would be required prior to the termination of such five (5) year period to the City's determination to continue or discontinue the special assessment or include additional properties in the district or change the boundaries of the district. Section 7. In accordance with Chapter 170, Florida Statutes (2009), 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 "Exhibit B", which shall be open to inspection by the public. Section 8. In accordance with Chapter 170, Florida Statutes (2009), there is on file with the City City of Miami Page 3 of 4 File Id. 10-00107b (Version: 1) Printed On: 4/13/2010 File Number. 10-00107b Clerk at the time of the adoption of this Resolution, a Preliminary Assessment Roll showing the lots to be assessed, the amounts of benefits to the properties to be assessed, and the assessments against each lot, which 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 which 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 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 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, including any action appropriate in connection with obtaining the approval of the affected property owners. Section 11. 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 pursuant to a petition process conducted by the MiMo BIC, this Resolution shall be null and void.{2} APPROVED AS TO FORM AND CORRECTNESS% JULIE O. BRU CITY ATTORNEY Footnotes: {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 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 4 of 4 File Id. 10-00107b (Version: 1) Printed On: 411312010