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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00679 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 23/ ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION/AD VALOREM TAX EXEMPTION," CREATING A NEW SECTION TO PROVIDE FOR ASSESSMENT OF HISTORIC PROPERTY USED FOR COMMERCIAL OR CERTAIN NONPROFIT PURPOSES SOLELY ON THE BASIS OF CHARACTER OR USE, PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE 193.503; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statutes 193.503 the Board of County Commissioners of a county or the governing authority of a municipality have the authority to adopt an ordinance providing for the classification and assessment of historic property used for commercial or certain nonprofit purposes; and WHEREAS, the property must be used for commercial purposes or used by a not -for -profit organization under Section 501(c)(3) or (6) of the Internal Revenue Code of 1986; and WHEREAS, the property must be listed in the National Register of Historic Places, as defined in Florida Statutes 267.021, or must be a contributing property to a National Register Historic District; or must be designated as a historic property or as a contributing property to a historic district, under the terms of a local preservation ordinance; and WHEREAS, the property must be regularly open to the public; that is, it must be open for a minimum of 40 hours per week for 45 weeks per year or an equivalent of 1,800 hours per year; and WHEREAS, the property must be maintained in good repair and condition to the extent necessary to preserve the historic value and significance of the property; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 23, Article II, of the City Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "Chapter 23 HISTORIC PRESERVATION * * * City of Miami Page 1 of 2 Printed On: 6/3/2008 File Number: 08-00679 ARTICLE II. AD VALOREM TAX EXEMPTION * * * DIVISION 3. ADMINISTRATIVE PROVISIONS Sec. 23-30. Classification and assessment of historic property used for commercial or certain nonprofit purposes. (a) The City of Miami hereby elects, pursuant to the provisions of Section 193.503, Florida Statutes, as currently enacted or as may be amended from time to time, to provide for the assessment of historic property used for commercial or certain nonprofit purposes as described therein solely on the basis of character or use as provided in Section 193.503, Florida Statutes. The character or use assessment shall apply only to eligible properties within the city limits of the City of Miami. (b) A taxpayer claiming the reduction must comply with each and every provision of Section 193.503, Florida Statutes, as currently enacted or as may be amended from time to time. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU)),,k CITY ATTORNEY ' Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Cif), of Miami Page 2 of 2 Printed On: 6/3/2008