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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00830 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT; AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT. 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, on April 11, 2013, the City Commission adopted Resolution No. 13-0136, wherein it created the Wynwood Business Improvement District ("BID"), subject to the approval by a majority of the affected property owners, for a period of ten (10) years; and WHEREAS, Resolution No. 13-0136 included a preliminary assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvement, all which were open to the inspection of the public; and WHEREAS, on June 4, 2013, the City of Miami ("City"), through its Office of the City Clerk, tabulated the results of a special election conducted during the period of April 29, 2013 through June 4, 2013, for the creation of the BID, wherein the BID was deemed to be approved by a majority of the affected property owners; and WHEREAS, on June 13, 2013, the City Commission adopted Resolution No. 13-0228, fixing Thursday, July 25, 2013, at 2:30 p.m. at City Hall, located at 3500 Pan American Drive, Miami, Florida, 33133, as the time and place at which the owners of the property to be assessed pursuant to the preliminary assessment roll, or any other persons interested therein may appear before the City Commission and be heard as to the propriety and advisability of making the improvements, the cost thereof, as to the manner of payment therefore, and as to the amount thereof to be assessed against each property so improved; and WHEREAS, on June 14, 2013, thirty (30) days written notice was given to such property owners by mailing a copy of the notice and including the amount of the assessment to each property owner at his or her last known address; and WHEREAS, Resolution No. 13-0136 was published on May 31, 2013, in the Daily Business Review; and WHEREAS, proof of mailing of the required thirty (30) days notice was made by affidavit of the City Clerk on July 5, 2013, a copy of which is on file with the City Clerk's Office; and City of Miami Page 1 of 7 File Id: 13-00830 (Version: 1) Printed On: 7/8/2013 File Number. 13-00830 WHEREAS, notice of the time and place of the hearing, as set forth in Resolution No. 13-0228 was published in the Miami Herald on July 11, 2013 and July 18, 2013; and WHEREAS, verification of such publications was made by affidavit of the publishers and filed with the City Clerk's Office; and WHEREAS, the City Commission met on July 25, 2013 at 2:30 p,m. as set forth in Resolution No. 13-0228 and heard testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property; and WHEREAS, following such testimony, the City Commission, found that the assessment had been fairly and reasonably apportioned amongst the properties that will receive the special benefit and decided to levy the special assessments; and WHEREAS, the,City Commission met as an equalization board to hear and consider any and all complaints as to the special assessment; and WHEREAS, the assessments set forth in Resolution No. 13-0136 are approved, and a Final Assessment Roll with boundaries as follows shall be filed with the City Clerk's Office: 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 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 City of Mianu Page 2 of 7 File Id: 13-00830 (Version: 1) Printed On: 7/8/2013 File Number: 13-00830 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 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: City of Miami Page 3 of 7 File Id: 13-00830 (Version: I) Printed On: 7/8/2013 File Number: 13-00830 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 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 11.01-3125-034-0440 i11.01-3125-034-0450 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 11. 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 11. 01-3125-067-0010 iii . 01-3125-04 8-0010 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 City of Miami Page 4 of 7 File Id: 13-00830 (Version: 1) Printed On: 7/8/2013 File Number: 13-00830 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 21st St (North side) from the East side of NW 2nd Ave to the West side of NW 1st PI. a. The following folio(s) on the South side of NW 21st St will be included in the BID: i. 01-3125-051-0090 i1. 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 21st St. 23. NW 1st PI (East & West sides) from NW 23rd St to NW 21st St. 24. NW 1st Ct (East & West sides) from NW 23rd St to NW 21st 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 i1. 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 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 confirmed to be levied and collected, and the creation of a special assessment district City of Miami Page 5 of 7 File Id: 13-00830 (Version: 1) Printed On: 7/8/2013 File Number: 13-00830 to be known as the BID, is hereby confirmed, for a period of ten (10) years, with boundaries to be as depicted in "Exhibit A", attached and incorporated by this reference, for the purposes of stabilizing and improving retail and other 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 Budget attached hereto as "Exhibit B", and based upon the proposed Business Plan attached as Exhibit B, and the assessment methodologies by categories as set forth therein Section 4. The initial assessment shall be payable to the BID 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, which date shall be no more than thirty (30) days following the confirmation by the City Commission of the Final Assessment Roll; installment 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 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 6. The BID area upon which the special assessments shall be levied, shall incorporate the total area set forth in the map attached as "Exhibit A", attached and incorporated by reference herein and shall reflect the geographic boundaries description as set forth above. Section 7. 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 8. In accordance with Chapter 170, F.S. there is on file with the City Clerk at the time of the adoption of this Resolution, a Final 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 Budget attached hereto as "Exhibit B", which shall be open to inspection by the public. . Section 9. In accordance with Chapter 170, F.S., there is on file with the City Clerk at the time of the adoption of this Resolution, a Final Assessment Roll showing the lots to be assessed, the amounts of benefits to the properties to be assessed, and the assessments against each lot, both as confirmed by the City Commission. Section 10. The City Manager, the City Clerk, the Finance Director, the Executive Director of City of Miami Page 6 of 7 File Id: 13-00830 (Version: 1) Printed On: 7/8/2013 File Number: 13-00830 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. Section 11.This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{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. City of Miami Page 7 of 7 File Id: 13-00830 (Version: 1) Printed On: 7/8/2013