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HomeMy WebLinkAboutExhibit CEXHIBIT C Miami City Commission Resolution No. R-16-0379, adopted September 6, 2016 City of Miami Master Report Enactment Number: R-16-0379 City Hall 3500 Pan American Drive Miami, FL 33133 wM'.miamigov.com File Number: 16-01200 File Type: Resolution Version: 1 Reference: File Name: Proposed Milla.ge for FY'17 - DDA Requester: Downtown Development Cost: Authority Status: Mayor's Office for Signature Controlling Body: City Commission Introduced: 8/17/2016 Final Action: 9/6/2016 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ("COMMISSION"), WITH ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF 'THE DOWNTOWN DEVELOPMENT DISTRICT ("DISTRICT") OF THE CITY OF MIAMI, FLORIDA ("CITY"), AND FIXING AND ADOPTING THE TENTATIVE MILLAGE AND LEVYING AN ADDITIONAL AD VALOREM TAX ON ALL REAL AND PERSONAL PROPERTY IN THE DISTRICT AT THE RATE OF 0.4681 MILLS ON THE DOLLAR OF TAXABLE VALUE OF SUCH PROPERTY IN SAID DISTRICT FOR THE PURPOSE OF FINANCING THE OPERATION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FOR TIIE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING THAT SAID MILLAGE SHALL BE IN ADDITION TO THE MILLAGE ADOPTED BY THE COMMISSION PURSUANT TO SECTION 9, ARTICLE VII, FLORIDA CONSTITUTION, AND SECTION 166.211, FLORIDA STATUTES (2016), AS WELL AS ANY SPECIAL ASSESSMENTS IMPOSED BY THE SAME; PROVIDING THAT THIS RESOLUTION SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER RESOLUTION OR ANY ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL; BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 16-01200 Memo - Downtown DevelopmentAuthority.pdf,16-01200 Back -Up from Law Dept.pdf,16-01200 Legislation.pdf,16-01200 ExhibitA.pdf,16-01200 Exhibit B.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 8/25/2016 Reviewed and Attorney Approved i City Commission 9/6/2016 ADOPTED Pass City of Miami Page 1 Printed 0,i 9/8/2016 City of Miami Legislation Resolution: R-16-0379 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com F►le Number: 16-01200 Final Action Date: 9/6/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION ("COMMISSION"), WITH ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT ("DISTRICT") OF THE CITY OF MIAMI, FLORIDA ("CITY"), AND FIXING AND ADOPTING THE TENTATIVE MILLAGE AND LEVYING AN ADDITIONAL AD VALOREM TAX ON ALL REAL AND PERSONAL PROPERTY IN THE DISTRICT AT THE RATE OF 0.4681 MILLS ON THE DOLLAR OF TAXABLE VALUE OF SUCH PROPERTY IN SAID DISTRICT FOR THE PURPOSE OF FINANCING THE OPERATION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING THAT SAID MILLAGE SHALL BE IN ADDITION TO THE MILLAGE ADOPTED BY THE COMMISSION PURSUANT TO SECTION 9, ARTICLE VI1, FLORIDA CONSTITUTION, AND SECTION 166.211, FLORIDA STATUTES (2016), AS WELL AS ANY SPECIAL ASSESSMENTS IMPOSED BY THE SAME; PROVIDING THAT THIS RESOLUTION SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER RESOLUTION OR ANY ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami City Commission ("Commission") pursuant to Chapter 65-1090, Laws of Florida; Section 189.056, Florida Statutes (2016); and Section 14-60 of the Code of the City of Miami, Florida, as amended ("City Code"), is authorized to levy an additional ad valorem tax on all real and personal property in the Downtown Development District ("District") not exceeding 0.4750 mills on the dollar valuation of such property for the purpose of financing the operation of the Miami Downtown Development Authority ("DDA"), as affirmed in Milan Investment Group v. City of Miami, 172 So. 3d 458 (Fla. 3rd DCA 2015); and WHEREAS, for the purpose of this Resolution, the District is defined as the area within the territorial limits of the City of Miami ("City") as it now exists, with the boundaries thereof being designated in Ordinance No. 12307, adopted December 12, 2002, and more specifically described in Exhibit "A", attached and incorporated; and WHEREAS, Section 200.065, Florida Statutes (2016), sets forth the method of fixing a millage rate; and WHEREAS, Section 200.065(5)(a)(1), Florida Statutes (2016), requires that the now proposed tentative millage rate of 0.4681 mills would further require, at the time of a second hearing, a four -fifths (4/5ths) affirmative vote on the final determination to adopt such millage rate; and WHEREAS, on July 1, 2016, the Miami -Dade County Property Appraiser ("PA"), pursuant to Section 200.065(1), Florida Statutes (2016), certified to the DDA the taxable value of property within the territorial limits of the District, set at $16,681,746,744; and City of Miami Page 1 of 3 File Id: 16-01200 (Version: 1> Printed On: 9/8/2016 Pile Number: 16-01200 Enactment Number: R-16-0379 WHEREAS, the DDA prepared a tentative budget for the Fiscal Year beginning October 1, 2016 and ending September 30, 2017, and computed a proposed millage rate of 0.4681 mills, which is necessary to fund the tentative budget other than the portion of the DDA's budget to be funded from sources other than ad valorem taxes; and WHEREAS, on July 29, 2016, the Commission adopted Resolution No. R-16-0366, attached and incorporated as Exhibit "B", wherein it directed the Executive Director of the DDA to submit to the PA and the Miami -Dade County Tax Collector the proposed millage rate of 0.4681 mills, together with other required information set forth in Section 200.65(2)(b), Florida Statutes; 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. For the purpose of this Resolution, the District is defined as that area within the territorial limits of the City as it now exists, with the boundaries thereof being designated in Resolution No. 12307, adopted December 12, 2002, and more specifically described in Exhibit "A", attached and incorporated. Section 3. There shall be levied an additional ad valorem tax on all real and personal property within the District at a rate of 0.4681 mills on the dollar of the taxable value of such property for the purpose of financing the operation of the DDA, for the Fiscal Year beginning October 1, 2016 and ending September 30, 2017. Section 4. The proposed tentative millage rate herein adopted is 10.04% more than the rolled -back rate of 0,4254 mills. Section 5. The millage adopted and the ad valorem taxes levied pursuant to this Resolution shall be in addition to the fixing of the millage adopted and ad valorem taxes levied by the Commission pursuant to Section 9, Article Vil, Florida Constitution, and Section 166.211, Florida Statutes (2016), as well as in addition to any special assessments imposed by the same. Section 6. This Resolution shall neither repeal nor amend any other resolution or ordinance adopting millage or levying ad valorem taxes for the Fiscal Year beginning October 1, 2016 and ending September 30, 2017, but shall be deemed supplemental and in addition thereto. Section 7. If any section, part of a section, paragraph, clause, phrase or word of this Resolution is declared invalid, the remaining provisions of the Resolution shall not be affected. Section 8. This Resolution shall become effective October 1, 2016 after final reading and adoption thereof. {1} City of Miami Page 2 of 3 File Id: 16-01200 (Version: .1) Printed On: 9/8/2016 File Number: 16-01200 Enactment Number: R-16-0379 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1 } This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) calendar days from the date it was passed and adopted, If the Mayor vetoes this Resolution, it shall become effective immediately upon the override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 16-01200 (Version: 1) Printed On: 9/8/2016 EXHIBIT A Territorial Limits of the Miami Downtown Development Authority EXHIBIT 'A Downtow n Development District Sc. 14-27. Boundaries designated. The downtown .distriCt detcribed as follows shall be under the jurisdiction and control of the doWntown development authority Begin at the intersection of the centerline of NA, Fifth Street and N,W, Third Avenue ,(east side of N-S .Expressway 0-95), thence run southerly along the oenteiline of N,W, Third Avenue and the easterly side of N-S Expressway to the centerline of West Flagler Street, thence westerly along the centerline of said West •Flagler Street to the Centerline of the Miami River; thence meandering southeasterly along the centerline of said Miartil River to a point of intersection with the easterly right-of-way line of Metro Rapid Transit right-of-way (formerly Florida East Coast (FEC) Railroad right.of.,way) said right-of-way line being 60 feet easterly of and parallel with the centerline of said Metro Rapid Transit right- of-way thence run southerly and southwesterly along said easterly right-of-way line of Metro Rapti Transit to the intersection with the centerline, ofSW. 15th Road; thence southeasterly along the. 'centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella Development Subdivision .(107-14); thence n.ortheasterly, northwesterly and northeasterly along said westerly line of Costa Bella to the intersection with the southerly right-ofway line of .14th One; thence, southeasterly, northeasterly, northerly, and northwesterly along said southerly and easterly:right-of-way line. of S:E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly property fine of lot 31, block 2 of amended plat of Point View as recorded in plat book 2 at page 93 cf the public records of Dade County, Florida; thence northeasterly along the northwesterly line of said lot 31, to the northeasterly side of the existing ten,,,fccit alley in block 2 of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection With the property line between lets 4 and 5 of said block 2 of Point View; thence northeasterly along said line of lots 4 and 5 and its prolongation Thereof to the centerline of $,E, 14th Street; thence southeasterly along said centerline of $,E. 14th Street to a point of intersection with the existing bulkhead and shoreline of Bispayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Blseayne Bay to a point of intersection with the southerly boundary Of Claughton island Bridge, thence easterly along the Said southerly right-o'r way line of Claughton Island Bridge to the intersootion with the westerly bulkhead line of Claughton island, said bulkhead line being part of the Metropolitan Dade County bulkhead line es recorded in plat book 73 at page 18 of the public records i thence southerly, easterly, northerly and westorly, following said existing btlikhead and its westerly prolongation thereof around the island to the Page 1 of intersection with the mainland on the easterly shor&ine of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne .Eay and the Miami River to the intersection with the easterly right-of- way line of Brlckell Avenue Bridge (S.E. Second Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of the Miami"River; said bulkhead in also being the southerly boundary of the Dupont Plaza Center and Miarrii Center Joint Venture property; thence northeasterly along they southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property "line of Chopin Associates and M1ami Center Litnited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center •Limited Partnership property along i rsoayne Bay to the southerly property lino of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Mlarnarine to a point of intersection with the southerly right-of•way line of State Road A»1-A (Douglas Macarthur Causeway); thence e4asterly along the southerly right-of-way of said Douglas •Mdoarthur Causeway to its intersection with the easterly right -Of -way line of the Intercoastai Waterway, said point also being the westerly line of the submerged parcel of .land of the NW quadrant of Watson island as shown on the boundary survey of NW quadrant upland and submerged parcel '(City of Miami miscellaneous file: 61. 398); thence southerly along the easterly right-of-way line of said Intercoastai Waterway to 'a point of intersection of the turning basin limit with the northerly line of the Miami main ship channel, said point also• being approximately Son feet west of the westerly bulkhead :line Of Watson. Island and 1200 feet southerly of the south right-of-wayline of Douglas.Macarthur Causeway, es per C.R,B. 24M pages 77-. 79; thence northeasterly, southeasterly and northeasterly along the southeasterly Iine of said NW quadrant of Watson Island to the most easterly corner of said NW quadrant of Watson Island, said. corner being on the southwesterly right-of-way line of Dougtas. Macerthul' Causeway; thence northwesterly and westerly along the said right,of-way line to the northwcsl Corner of said NW quadrant of Watson .eland; thence westerly along the southerly right-of-way fine of the state road A.1- A (Douglas Macarthur Causeway) to the bulkhead line of Biscayne Bay; thence northerly along the bulkhead. :line of Biscayne Bay to .a :point of intersection with the centerline of N.E., 17th Street extended easterly; thence westerly along the centerline of la, E<.. 1 7th Street and its extension thereof to a paint of intersection with the centerline of North Bayshore Drive; thence northerly along the centerline of North Bayshore Drlve to its Intersection with the centerline of N,I , 1°lth Terrace; thence northwesterly along the centerline of N,E 17th Terrarc to its intersection with the southwesterly extension of the northwesterly line of lot 2 of bloc* 1 of Seaport as recorded in plat book 149 at"79 of the public records of Made County, Florida; thence northeasterly. along the, northwesterly line of said lot 2, and its said southwesterly extension thereof, to the southWesterly darner of let 1 of block 1 of said Seaport (149-79) . thence southeasterly and easterly along the southerly: line of said lot 1 and its easterly extension to its Intersection with the. 'centerline of North Bayshore:. Drive; thence northeasterly along the centerline P.F.0 7 off 4 of North Sayshore Drive to its intersection with the southeasterly extension of the northerly fine of said lot 1 of block 1 of said Seaport (149-79); thence northwesterly along the northerly line Qf said tot 1, and its said southeasterly .extension thereof., to the northwesterly corner of said lot 1 'thence northwesterly across a 1D-foot-wide alley to the northeasterly corner of lot 6. of b.lobk 8 of Miramar amended as recordedinplat book 5 at page 4 of the public records of Dade County, Florida; thence northwesterly along the northerly line of said lot 6 and Its northwesterly extension to its intersection with the centerline of Sevilla Street (N,E, 4th Avenue) .of said Miramar amended (5-4) thence southwesterly along the centerline Of saki Sevilla Street (N.E, 4th Avenue) tc its intersection with the, Centerline of Vedado Street (N,E. 4th Avenue) of said Miramar amended. (, 4) thence northerly along the centerline of N.E. 4th Avenue (Vedado Street); thence northerly along the centerline of N,E. Fourth Avenue to its intersection with the centerline of N.E. 19th Street, thence westerly along the centerline of N,E, 19th Street to a point of lnters.ectiori with southerly extension of the easterly lot line of lot 4 of block 1 of Miramar amended as red rded in plat book.5 at page 4 of the public records :of Dade County, Florida., thence northerly along the easterly lot line of lot 4 and its extension thereof to the southerly lot line of lot 8 of Coral Park as recorded in plat book 2 at page 66 of the public records of Dade County, Florida; thence easterly along the southerly lot lane of lot 3 to the southeast corner of said lot •8; thence northerly along the easterly lot line of lot 8' to the southerly right -of way line of N.E. 20th Street thence easterly along the southerly right-of-way line of N.E. 20th Street to the southerly extension of the easterly lot line of lot 7 of said Coral. lark (2 66); thence northerly alongthe. easterly lot line of 'lot 7 and its extension thereof to the northeast corner of lot 7; theme westerly along the northerly lot lane of lot 7 to a point of intersection with the southerly extension of the easterly lot line. of lot 7 of block .4 of r ayside Park amended asrecorded in plat book 2 at page 40 of the public records of Dade County., Florida; thence northerly along the easterly lot line of lot 7 and its extension thereof across a 154foot-wide alley to the northeast corner of lot 7; thence continuing northerly across the right-of-way of N,E, 20th Terrace to the southeast corner of lot 7 of block 1 of Bayslde ;Park amended (2-40); thence northerly along the easterly lot line of lot 7 to the northeast corner of said lot 7 thence across a 15Mfoot. wide alley to the wbutheast corner cif lot 5 block 3 of :BayenncSubdivision as recorded in plat book 2 at page 35 of the public records of Dade County, Florida thence northerly along the easterly lot line of lot 5, and the northerly exterrsion.of its easterly lot lime thereof, to the centerline of aE, 21st Street; thenceeasterly along the centerline of';N.E, 21st Street to a point of Intersection with the southerly e ;'tens.ion of the easterly lot line of let 3 of block 1 ref `3cyonne Subdivision (2-35); thence northerly along the easterly lot line and Its extension thereof, to the southerly lot line of tract A of Caruso Subdivision as recorded in plat book 79 at page .23 of the, pubilr, records of Dade County, Florida; thence easterly along the southerly tract Tine of tract A to the southerly extension of the easterly right-of-way line of ,N,E, Fourth Avenue, thence northerly along the .easterly right-of•way line of N,E. Fourth Avenue and its extension thereof to the centerline of N,E. 24th Street;; thence westerly along the Page 3 cf 4 centerline oaf N.E', 24th Street to the centerline of N.E. Second Avenue; thence southerlyalong the centerline of N.L. Second Avenue to the centerline of N.E. 17th Street thence westerly along the centerline of N,, 17th Street and N,W, 17th Street to the easterly right-of-way line of the EEC Railroad; thence southerly along the easterly right-of-way line of the EEC Railroad to the centerline of N,W, Fifth Street thence westerly along the centerline of N.W, fifth Street to the point of beginning. ' (Ord. No. 12307, §§ 2 -3, 12.12;,02) Editor's. note; Ord. No, 12307, §§.. 2, 3, adopted December 1.2, 2.002, repeated and reenacted 14-27 in its entirety to read anti herein sot eut. Formerly, § 14 27 pertained to similar subject matter and derived from the Code of 1967; § 13-2;; Ord, No.. e905CJ, § 1, adopted July 3, 1993, Ord, No. 9835, § 1, adopted May 24, 1984, Ord, No, 10575, § 1, adopted April 27, 1989, and the Code of 1980, § 14- 1.7. Page 4 of 4