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HomeMy WebLinkAboutR-13-0136City of Miami Legislation Resolution: R-13-0136 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00284 Final Action Date: 4/11/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD 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 WYNWOOD BID PROJECT DIRECTOR, AND ALL OTHER NECESSARY CITY OF MIAMI ("CITY") OFFICIALS AND WYNWOOD BID FORMATION 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 (2012) 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 Wynwood Business Improvement District Steering Committee ("Committee"), has determined that the most appropriate means of stabilizing and improving the retail district in Wynwood is the establishment of a business improvement district area to be known as the Wynwood Business Improvement District ("BID"); and WHEREAS, the business improvement district concept is based on a partnership between the City of Miami ("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 Committee is also recommending that the City Commission consider adopting an ordinance that would: (i) establish a governing board for the BID, (ii) establish the structure, procedures, powers, duties, and other requirements for such governing board of the 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 City of Miami Page 1 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017 File Number: 13-00284 Enactment Number: R-13-0136 WHEREAS, the boundaries of the proposed BID include commercial property, work -live property where 50% or more of the floor space is dedicated to work space, 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), live -work property where 50% or more of the floor space is dedicated to living space, and self -standing residential property are exempt from the assessment; and WHEREAS, the boundaries of the proposed BID are as follows: All lots and lands (on Exhibits A-1 and A-2 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 forty-seven (47) block area of the central commercial core of Wynwood on the properties abutting: Wynwood BID Boundaries / East - West Streets 1. NW 29th St (South side only) from the East side of NW 5th Ave to the West side of NW 2nd Ave. a. The following folio(s) on the South side of NW 29th St will be excluded from the BID: i. 01-3125-024-2890 2. NW 29th St (North & South Sides) from the East side of NW 2nd Ave to the West side of N Miami Ave. a. The following folio(s) on the North side of NW 29th St will be excluded from the BID: i. 01-3125-028-0510 ii.01-3125-028-0520 iii.01-3125-028-0530 iv.01-3125-028-0540 v.01-3125-028-0560 vi.01-3125-028-0570 b. The following folio(s) on the South side of NW 29th St will be excluded from the BID: i. 01-3125-028-1140 ii.01-3125-028-0900 3. NE 29th St (South side only) from the East side of N Miami Ave to the West side of the railroad tracks. a. The following folio(s) on the South side of NW 29th St will be excluded from the BID: i. 01-3125-004-0130 4. NW 28th St (North & South sides) from the East side of NW 5th Ave to the East side of NW 2nd Ave. a. The following folio(s) on the North side of NW 28th St will be excluded from the BID: i. 01-3125-024-2930 b. The following folio(s) on the South side of NW 28th St will be excluded from the BID: i. 01-3125-032-0530 5. NE 28th St (North & South sides) from the East side of N Miami Ave to the West side of the railroad tracks. a. The following folio(s) on the North side of NE 28th St will be excluded from the BID: i. 01-3125-005-0510 City of Miami Page 2 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017 File Number: 13-00284 Enactment Number: R-13-0136 ii.01-3125-005-0470 iii.01-3125-005-0480 iv.01-3125-005-0450 b. The following folio(s) on the South side of NE 28th St will be excluded from the BID: i. 01-3125-005-0430 ii. 01-3125-005-0440 6. NW 27th St (North & South sides) from the East side of NW 5th Ave to the East side of NW 2nd Ave. a. The following folio(s) on the North side of NW 27th St will be excluded from the BID: i. 01-3125-032-0530 b. The following folio(s) on the South side of NW 27th St will be excluded from the BID: i. 01-3125-032-0350 7. NE 27th St (North & South sides) from the East side of N Miami Ave to the West side of the railroad tracks. 8. NW 26th St (North & South sides) from the East side of NW 5th Ave to the West side of NW 2nd Ave. a. The following folio(s) on the North side of NW 26th St will be excluded from the BID: i. 01-3125-032-0370 b. The following folio(s) on the South side of NW 26th St will be excluded from the BID: i. 01-3125-032-0240 9. NW 26th St (South side only) from the East side of NW 2nd Ave to the West side of NW 1st Ave. a. The following folio(s) on the North and South sides of NW 26th St and East of NW 2nd Ave will be included in the BID: i. 01-3125-029-1010 ii.01-3125-029-1000 iii.01-3125-029-0980 b. The following folio(s) on the South side of NW 26th St will be excluded from the BID: i. 01-3125-029-0990 ii.01-3125-029-0970 iii.01-3125-029-0960 iv.01-3125-029-0950 v.01-3125-029-0940 vi.01-3125-029-0930 vii.01-3125-029-0920 viii.01-3125-029-0910 10. NE 26th St (North & South sides) from the East side of N Miami Ave to the West side of the railroad tracks. 11. NW 25th St (North & South sides) from the East side of NW 5th Ave to the West side of NW 1st Ave. a. The following folio(s) on the North side of NW 25th St will be excluded from the BID: i. 01-3125-033-0170 ii.01-3125-029-1070 iii.01-3125-029-1080 iv.01-3125-029-1090 v.01-3125-029-1100 vi.01-3125-029-1110 vii.01-3125-029-1140 City of Miami Page 3 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017 File Number: 13-00284 Enactment Number: R-13-0136 b. The following folio(s) on the South side of NW 25th St will be excluded from the BID: i. 01-3125-033-0210 12. NW 25th St (North & South sides) from the East side of NW 1st Ave to the West side of N Miami Ave. a. The following folio(s) on the North side of NW 25th St will be excluded from the BID: i. 01-3125-029-1280 ii.01-3125-029-1310 iii.01-3125-029-1320 iv.01-3125-029-1330 b. The following folio(s) on the South side of NW 25th St will be excluded from the BID: i. 01-3125-036-0100 c. The following folio(s) on the North side of NW 25th St will be included in the BID: i. 01-3125-029-1300 ii.01-3125-029-1340 iii.01-3125-029-1345 iv.01-3125-029-1350 13. NE 25th St (North & South sides) from the East side of N Miami Ave to the West Side of the railroad tracks. 14. NW 24th St (North & South sides) from the East side of NW 5th Ave to the West side of N Miami Ave. a. The following folio(s) on the North side of NW 24th St will be excluded from the BID: i. 01-3125-033-0240 b. The following folio(s) on the South side of NW 24th St will be excluded from the BID: i. 01-3125-034-0250 ii.01-3125-034-0440 iii.01-3125-034-0450 iv.01-3125-034-0460 15. NE 24th St (North & South sides) from the East side of N Miami Ave to the West side of the railroad tracks. 16. NW 23rd St (North & South sides) from the East side of NW 5th Ave to the West side of N Miami Ave. a. The following folio(s) on the North side of NW 23rd St will be excluded from the BID: i. 01-3125-034-0250 ii. 01-3125-038-0050 b. The following folio(s) on the South side of NW 23rd St will be excluded from the BID: i. 01-3125-038-0050 ii.01-3125-067-0010 iii.01-3125-048-0010 17. NE 23rd St (North & South sides) from the East side of N Miami Ave to the West side of the railroad tracks. 18. NW 22nd St (North side only) from the East side of NW 5th Ave to the West side of NW 2nd Ave. 19. NW 22nd St (South side only) from the East side of NW 2nd Ave to the West side of NW 1st Ave. a. The following folio(s) on the South side of NW 22nd St will be excluded from the BID: i. 01-3125-054-0330 20. NW 21 st St (North side) from the East side of NW 2nd Ave to the West side of NW 1st PI. City of Miami Page 4 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017 File Number: 13-00284 Enactment Number: R-13-0136 a. The following folio(s) on the South side of NW 21st St will be included in the BID: i. 01-3125-051-0090 ii.01-3125-054-0600 Wynwood BID Boundaries / North - South Streets 21. NW 3rd Ave (East & West sides) from NW 29th St to NW 25th St. 22. NW 2nd Ave (East & West sides) from NW 29th St to NW 21 st St. 23. NW 1st PI (East & West sides) from NW 23rd St to NW 21 st St. 24. NW 1st Ct (East & West sides) from NW 23rd St to NW 21 st St. a. The following folio(s) on the West side of NW 1st Ct will be excluded from the BID: i. 01-3125-050-0050 ii.01-3125-050-0060 iii.01-3125-050-0070 b. The following folio(s) on the East side of NW 1st Ct will be excluded from the BID: i. 01-3125-049-0060 ii.01-3125-049-0050 iii.01-3125-054-0330 25. NW 1st Ave (West side only) from NW 22nd St to NW 22nd St. 26. N Miami Ave (East & West sides) from NW 29th St to NW 20th St. a. The following folio(s) on the West side of N Miami Ave will be excluded from the BID: i. 01-3125-048-0010 b. The following folio(s) on the East side of N Miami Ave will be excluded from the BID: i. 01-3125-004-0130 ii.01-3125-004-0140 iii.01-3125-005-0510 ADDITIONAL FOLIOS INCLUDED IN THE WYNWOOD BID GEOGRAPHIC AREA 27. 2700 N. Miami Ave., 28. 94 NE 29th Street, 29. 115 NW 23rd Street, 30. 208 NW 28th Street, 31. 285 NW 27th Terrace, 32. 2137 NW 2nd Ave., 33. 260 NW 28th Street, 01-3125-83-1010 (ground fl. retail wrap frontage only) 01-3125-004-0240 01-3125-038-0100 01-3125-031-0020 01-3125-031-0110 01-3125-051-0040 01-3125-031-0070 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 (2012), a special assessment is hereby authorized to be levied and collected and a special assessment district to be City of Miami Page 5 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017 File Number: 13-00284 Enactment Number: R-13-0136 known as the Wynwood Business Improvement District ("BID"), is hereby created for a period of 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 Seven Hundred Sixty Thousand Dollars ($760,000) 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 attached as Exhibit B, and the assessment methodologies by categories as set forth therein. Section 4. The assessment shall be payable to the Finance Director of the City, or such other designated governmental agency, 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; 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 6 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017 File Number: 13-00284 Enactment Number: R-13-0136 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 Wynwood BID Project Manager, and other necessary City officials and Wynwood BID formation 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 (50% plus one) of the affected property owners pursuant to an election 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 7 of 7 File Id: 13-00284 (Version: 1) Printed On: 8/28/2017