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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-11-0270 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00515 Final Action Date: 6/23/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 THREE (3) 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, Chapter 170, Florida Statutes (2010) 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, public meetings and as the result 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 Business Improvement District ("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 City of Miami Page 1 of 4 File Id: 11-00515 (Version: 1) Printed On: 10/17/2011 File Number: 11-00515 Enactment Number: R-11-0270 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. Commissionregarding 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 its related not -for -profit purposes) and residential property are exempt from the assessment; and WHEREAS, the boundaries of the proposed MiMo 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 area of the commercial core of Biscayne Boulevard on the properties abutting Biscayne Boulevard between Northeast 63rd Street in the south to Northeast 76th Street, Miami, Florida, in the north; and WHEREAS, the City Commission finds that the assessment has been fairly and reasonably apportioned among the properties that will receive the special benefit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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 (2010), a special assessment is 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 three (3) years, with boundaries to be as set forth in composite "Exhibit A", 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 Eighty-five Thousand Eight Hundred Eighty-three Dollars ($185,883) consisting of Fifty-five Thousand Three Hundred Thirty-seven Dollars ($55,337) for year one, Sixty Thousand Five Hundred Forty-three Dollars ($60,543) for year two and Seventy Thousand Three Dollars ($70,003) for year three, and special assessments shall be levied in accordance with the applicable provisions of Chapter 170, Florida Statutes (2010), 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". City of Miami Page 2 of 4 File Id: 11-00515 (Version: 1) Printed On: 10/17/2011 File Number 11-00515 Enactment Number R-11-0270 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 and three 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 (2010). 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 three (3) year period. Another approval by the affected property owners would be required, prior to the termination of such three (3) year period for the City 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 (2010), at the time of the adoption of this Resolution, an assessment plat showing the area to be assessed, is on file with the City Clerk 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 as "Exhibit B", which shall be open to inspection by the public. Section 8. In accordance with Chapter 170, Florida Statutes (2010), at the time of the adoption of this Resolution, a Preliminary Assessment Roll is on file with the City Clerk showing the Tots 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 creating a special assessment district shall be advertised after 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} Footnotes: City of Miami Page 3 of 4 File Id: 11-00515 (Version: I) Printed On: 10/17/2011 File Number: 11-00515 Enactment Number: R-II-0270 {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: 11-00515 (Version: 1) Printed On: 10/17/2011