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HomeMy WebLinkAboutR-08-0455City of Miami Legislation Resolution: R-08-0455 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00802 Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF TEN (10) 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, THE EXECUTIVE DIRECTOR OF THE MIAMI PARKING AUTHORITY, THE EXECUTIVE DIRECTOR OF THE BIC, 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, 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, based upon information collected over many years at various workshops, seminars, public meetings and as the results of independent market research, the Coconut Grove Business Improvement Committee ("BIC"), an advisory committee of the City, has determined that the most appropriate means of stabilizing and improving the retail district in Coconut Grove is the establishment of a business improvement district area to be known as the Coconut Grove Business Improvement District ("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 BIC is also recommending that the City Commission consider adopting an ordinance that would: (i) establish a governing board for the BID, (ii) authorize the transfer to such governing board of certain funding and fees that have been previously and would otherwise in the future have been allocated to the BIC and held in trust by Miami Parking Authority from Coconut Grove area parking surcharge funds, parking waiver fees, supplementary user fees, banner fees, sidewalk cafe fees, and general improvement funds, (iii) establish the structure, procedures, powers, City of Miami Page 1 of 4 File Id: 08-00802 (Version: 1) Printed On: 5/10/2017 File Number: 08-00802 Enactment Number: R-08-0455 duties, and other requirements for such governing board of the BID; and (iv) 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 boundaries of the proposed 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, 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 Hotel, The Mutiny Hotel, and The Ritz -Carlton Coconut Grove, and residential property are exempt from the assessment; and WHEREAS, the boundaries of the proposed BID are as follows: 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 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) Tigertail Avenue from Mary Street to Darwin Street, I) S.W. 27th Avenue from Tigertail Avenue to South Bayshore Drive and m) the west side of Darwin Street from Tigertail Avenue to South Bayshore Drive. 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 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 hereby authorized to be levied and collected and a special assessment district to be known as the Coconut Grove Business Improvement District ("BID"), is hereby created for a period of City of Miami Page 2 of 4 File Id: 08-00802 (Version: 1) Printed On: 5/10/2017 File Number: 08-00802 Enactment Number: R-08-0455 ten (10) years, with boundaries to be as set forth in composite Exhibit A hereto attached and hereby incorporated by this reference, 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 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 Business Plan and Budget attached hereto as composite Exhibit B, and based upon the assessment methodologies by categories as set forth in composite Exhibit C, both attached and hereby incorporated by this reference. Section 4. The 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 BID at least thirty (30) days prior to the due date, and within thirty (30) days following the confirmation by the Commission of the Final Assessment Roll; installment not paid when due shall become due and payable in accordance with statutory provisions and 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 5. The proposed BID area upon which the special assessments shall be levied, subject to the approval of a majority of affected property owners, shall incorporate the total area set forth in the map attached and incorporated herein as Exhibit A-1 and shall reflect the geographic boundaries description as set forth in Exhibit A-2, both attached hereto and incorporated herein. Section 6. 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 7. In accordance with Chapter 170, 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 composite Exhibit B, which shall be open to inspection by the public. Section 8 In accordance with Chapter 170, there is on file with the City 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. City of Miami Page 3 of 4 File Id: 08-00802 (Version: 1) Printed On: 5/10/2017 File Number: 08-00802 Enactment Number: R-08-0455 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, 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, 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 mailed ballot to be duly conducted by the City Clerk, this resolution shall be null and void.{2} 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: 08-00802 (Version: 1) Printed On: 5/10/2017