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HomeMy WebLinkAboutR-14-0062City of Miami Legislation Resolution: R-14-0062 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01425 Final Action Date: 2/27/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY COMMISSION"), WITH ATTACHMENT(S), FOLLOWING AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTIONS 197.3632, 197.3635, AND 200.069, FLORIDA STATUTES, EXPRESSING ITS INTENT AND ELECTING TO USE THE UNIFORM METHOD OF NOTICING AND COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"); PROVIDING FOR THE NEED FOR THE LEVY OF SAID ASSESSMENTS; PROVIDING FOR A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE BID THAT ARE SUBJECT TO THE ASSESSMENTS; PROVIDING FOR A COPY OF THIS RESOLUTION TO BE SENT TO THE PROPERTY APPRAISER FOR MIAMI-DADE COUNTY, THE TAX COLLECTOR FOR MIAMI-DADE COUNTY, AND THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT TO INCLUDE A MUTUAL INDEMNIFICATION AND HOLD HARMLESS PROVISION, INCLUDING BUT NOT LIMITED TO LIMITATIONS ON DEFENSE FEES AND COSTS, ALL AS ACCEPTABLE TO THE CITY ATTORNEY, AND ALL OTHER NECESSARY DOCUMENTS TO IMPLEMENT THE CITY COMMISSION'S INTENT, EACH IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, pursuant to Resolution No. 13-0136, adopted April 11, 2013, the City Commission established the Wynwood Business Improvement District ("BID"), pursuant to Chapter 170, Florida Statutes (2012), to provide funding for supplemental services including, but not limited to, additional garbage and trash collections; street and sidewalk sweeping; graffiti removal; police coverage and security; sidewalk repairs; streetscape improvements; safety and security lighting and maintenance; parking; signage; community; tourism and commerce promotion efforts; and WHEREAS, pursuant to Resolution No. 13-0293, adopted July 25, 2013, the City Commission designated the final assessment plat and fixed the final assessment roll for the BID, as indicated in Composite "Exhibit A", attached and incorporated; and WHEREAS, Section 197.3632, Florida Statutes, provides authority for local governments to elect to use the Uniform Method of collecting non -ad valorem assessments for any assessment levied pursuant to general or special law or local government ordinance or resolution, and Sections 197.3635 and 200.069, Florida Statutes, provide authority for notices and combining the notices of non -ad valorem assessments with the notice of ad valorem taxes; and WHEREAS, the City Commission has determined that the noticing, collection and enforcement of BID assessments can be best accomplished through the Uniform Method for noticing and collecting non -ad valorem assessments pursuant to Sections 197.3632, 197.3635, and 200.069, Florida Statutes; and City of Miami Page 1 of 6 File Id: 13-01425 (Version: 2) Printed On: 12/19/2017 File Number: 13-01425 Enactment Number: R-14-0062 WHEREAS, the City Commission has also determined that the required Intergovernmental Cooperation Agreement among the City, the Miami -Dade Property Appraiser, and the Miami -Dade County Tax Collector ("Intergovernmental Cooperation Agreement" or "Agreement") shall contain a Mutual Indemnification and Hold Harmless provision, including but not limited to, limitations on defense fees and costs, all as acceptable to the City Attorney, and as set forth in the City Commission minutes of the February 27, 2014 meeting and as set forth below; 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 fully set forth in this Section. Section 2. The City Commission ("City Commission") expresses its intent and elects to use the Uniform Method for noticing and collecting non -ad valorem assessments for the BID as authorized by Sections 197.3632, 197.3635, and 200.069, Florida Statutes. Section 3. The collection of assessments levied within the BID boundaries is needed for the benefit of the properties that are specially benefited by the BID. The use of the Uniform Method of collecting the non -ad valorem assessments is necessary to achieve a more efficient and orderly collection of such assessments and is in the public interest. Section 4. The BID boundaries consist of the commercial properties adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby, and further designated by the final assessment plat (a copy of which is attached hereto as Composite "Exhibit A") contained in Resolution No. 13-0293, adopted July 25, 2013, which includes all of the commercial properties consisting of a 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 City of Miami Page 2 of 6 File Id: 13-01425 (Version: 2) Printed On: 12/19/2017 File Number: 13-01425 Enactment Number: R-14-0062 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 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 City of Miami Page 3 of 6 File Id: 13-01425 (Version: 2) Printed On: 12/19/2017 File Number: 13-01425 Enactment Number: R-14-0062 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 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: City of Miami Page 4 of 6 File Id: 13-01425 (Version: 2) Printed On: 12/19/2017 File Number: 13-01425 Enactment Number: R-14-0062 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. 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., 01-3125-83-1010 (ground floor retail wrap frontage only) 01-3125-004-0240 01-3125-038-0100 01-3125-031-0020 01-3125-031-0110 01-3125-051-0040 City of Miami Page 5 of 6 File Id: 13-01425 (Version: 2) Printed On: 12/19/2017 File Number: 13-01425 Enactment Number: R-14-0062 33. 260 NW 28th Street, 01-3125-031-0070. Section 5. Upon the adoption of this Resolution, the City Clerk is authorized to send a copy of this Resolution by United States mail to the Property Appraiser for Miami -Dade County, the Tax Collector for Miami -Dade County, and the Department of Revenue of the State of Florida. Section 6. The City Manager is authorized {1} to negotiate and execute an Intergovernmental Cooperation Agreement ("Intergovernmental Cooperation Agreement" or "Agreement"), to include a mutual indemnification and hold harmless provision, including but not limited to, limitations on defense fees and costs, all as acceptable to the City Attorney, and all other necessary documents to implement the City Commission's intent, each in a form acceptable to the City Attorney. Such mutual indemnification and hold harmless provision shall include limitations on defense fees and costs as set forth in the City Commission meeting minutes of February 27, 2014: "No party to this Agreement shall seek or obtain attorneys fees or costs for the defense of claims arising out of, relating to, or resulting from the negligent or intentional acts or omissions of the City, the Property Appraiser, the Tax Collector, or their respective officers, employees, agents, or instrumentalities arising out of, relating to, or resulting from the performance of the {Intergovernmental Cooperation} Agreement." Section 7. The intent and election expressed herein and the authority granted herein shall continue from year to year until such time as the City Commission intends and elects to discontinue using the uniform method of collecting such assessments. At such time as the City Commission intends and elects to discontinue use of the Uniform Method, it shall inform the Property Appraiser for Miami -Dade County, the Tax Collector for Miami -Dade County, and the Department of Revenue of the State of Florida on or before January 10 of such year. Section 8. 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 Commission. City of Miami Page 6 of 6 File Id: 13-01425 (Version: 2) Printed On: 12/19/2017