HomeMy WebLinkAboutR-13-0293City of Miami
Legislation
Resolution: R-13-0293
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00830 Final Action Date: 7/25/2013
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 WYNWOOD 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
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File Number: 13-00830 Enactment Number: R-13-0293
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.
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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
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
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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
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
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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.
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.
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File Number: 13-00830 Enactment Number: R-13-0293
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
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, Florida Statutes there is on file with the City Clerk
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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, Florida Statutes, 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 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.
Section 11. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{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.
City of Miami
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