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Home My WebLink AboutR-16-0459City of Miami Legislation Resolution: R-16-0459 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00948 Final Action Date: 9/22/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXTENDING THE BOUNDARIES OF THE SPECIAL ASSESSMENT DISTRICT AREA KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") TO MATCH THE BOUNDARIES OF THE NEIGHBORHOOD REVITALIZATION DISTRICT - 1 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 THE 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 EXECUTIVE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS AND WYNWOOD BID BOARD MEMBERS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL ACTIONS AND PROCEDURES NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. WHEREAS, Chapter 170, Florida Statutes (2016), provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against properties 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 of the municipality; and WHEREAS, on April 11, 2013, the City Commission ("Commission") adopted Resolution No. 13-0136, wherein it created the Wynwood Business Improvement District ("BID"), subject to approval by a majority of the affected property owners, for a period of ten (10) years; and WHEREAS, following approval by a majority of the affected property owners, and other statutory prerequisites set forth in Chapter 170, Florida Statutes, the Commission, on July 25, 2013, adopted Resolution No. 13-0293, wherein it confirmed the creation of the BID and the levy and collection of a special assessment, for a period of ten (10) years, within its boundaries; and WHEREAS, both the City of Miami ("City") and the BID seek to expand the geographic boundaries of the BID to match the boundaries of the Neighborhood Revitalization District -1 ("NRD-1 "), in an effort to further stabilize and improve an area that has grown substantially over the past several years into a globally -recognized center for art and culture; and WHEREAS, the boundaries of the proposed BID expansion are all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat hereinafter provided for and as further set forth in Composite Exhibit "A", attached hereto and incorporated herein; City of Miami Page 1 of 4 File Id: 16-00948 (Version: 1) Printed On: 5/29/2018 File Number: 16-00948 Enactment Number: R-16-0459 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 (2016), the Wynwood Business Improvement District ("BID"), shall continue for an additional ten (10) year period, wherein a special assessment shall be levied and collected against benefited property within its boundaries set forth herein, subject to the approval by a majority of affected property owners, for the purposes of stabilizing and improving retail businesses in the designated area through promotion, management, marketing, and other similar services. Section 3. The BID shall incorporate the total area set forth in the Wynwood BID Boundary Map, attached hereto and incorporated herein as Exhibit "A-1", and reflect the legal description attached hereto and incorporated herein as Exhibit "A-2". Section 4. A special assessment shall only be levied and collected against benefited properties within the boundaries set forth herein pursuant to allowable land uses provided for in the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 "), that include, but are not limited to, commercial, industrial and work -live, as well as properties owned or occupied by a religious institution or not -for -profit used for commercial purposes unrelated to the purpose for which the religious institution or not -for -profit is organized. Section 5. A special assessment shall not be levied and collected against properties within the boundaries set forth herein that are not benefited pursuant to allowable land uses set forth in Miami 21 that include, but are not limited to, residential and live -work, as well as properties owned or occupied by a religious institution or not -for -profit used for commercial purposes related to the purpose for which the religious institution or not -for -profit is organized, public or private elementary, middle or high schools, or units of government. Section 6. The total estimated cost of the services to be funded by the proposed special assessments is approximately one million two hundred twenty thousand dollars ($1,220,000.00) per year and special assessments shall be levied in accordance with the applicable provisions of Chapter 170, Florida Statutes (2016), for the purposes of defraying a portion of the costs of services, programs, and projects, and based on the Business Plan included as an exhibit to the aforementioned Resolution No. 13-0293, adopted by the Commission on July 25, 2013, attached hereto and incorporated herein as Exhibit "B-1 ", substituting the sections entitled "Assessment Methodologies", "Ballot Eligibility and Voting", "Wynwood BID Establishment Calendar" and "Wynwood BID Budget" with Exhibit "B-2", attached hereto and incorporated herein. Section 7. The Commission finds that the special assessment has been fairly and reasonably apportioned amongst those properties that will derive a special benefit. Section 8. 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 the property owner of each property benefited within the BID at least thirty (30) days prior to the due date, and within thirty (30) days following confirmation by the Commission of the Final Assessment Roll. City of Miami Page 2 of 4 File Id: 16-00948 (Version: 1) Printed On: 5/29/2018 File Number: 16-00948 Enactment Number: R-16-0459 Section 9. The assessment levied for the first time against a benefited property shall be prorated based on the number of days remaining in the fiscal year following the date on which the BID begins to operate with expanded geographic boundaries. Those properties no longer within the boundaries set forth herein, which have paid their assessment for the fiscal year, shall be refunded a prorated portion of their assessment based on the number of days remaining in the fiscal year following the date on which the BID begins to operate with expanded geographic boundaries. Those properties no longer within the boundaries set forth herein, which have not paid their assessment for the fiscal year, shall be issued a new bill reflecting a prorated portion of their assessment based on the number of days remaining in the fiscal year following the date on which the BID begins to operate with expanded geographic boundaries. Section 10. 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 (2016). Section 11. The special assessment shall be levied and collected for a ten (10) year period and another petition and affidavit in support 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 change the boundaries of the BID. Section 12. In accordance with Section 170.04, Florida Statutes (2016), 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, an estimate of the cost of the proposed improvement(s), and details of the proposed services, programs, and projects, which shall be open to inspection by the public. Section 13. In accordance with Section 170.05, Florida Statutes (2016), this Resolution shall be published upon its adoption. Section 14. In accordance with Chapter 170, Florida Statutes (2016), a Preliminary Assessment Roll, showing the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, shall be considered at a future duly advertised Public Hearing to be held by the 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 Commission shall hear as an equalizing board all parties in regard to the proposed assessment, and after making any adjustments that the Commission may deem appropriate, the Final Assessment Roll will be confirmed by a Resolution of the Commission. Section 15. The City Manager, the City Clerk, the Finance Director, the Wynwood BID Executive Director, and other necessary City officials and Wynwood BID Board Members, after consultation with the City Attorney, are authorized {1} and directed to undertake all actions and procedures necessary to carry out the intent of this Resolution, including any action appropriate in connection with obtaining the approval of the affected property owners. Section 16. This Resolution shall become effective upon the date of its adoption herein provided; however, if the proposed special assessment does not receive the approval of a majority City of Miami Page 3 of 4 File Id: 16-00948 (Version: 1) Printed On: 5/29/2018 File Number: 16-00948 Enactment Number: R-16-0459 (50% plus one) of the affected property owners pursuant to a petition and affidavit in support to be duly conducted by the City Clerk, this Resolution shall be null and void. {2} Section 17. In the event that the proposed special assessment does not receive the required majority approval, the Wynwood BID shall continue to exist without change, as originally created pursuant to Resolution Nos. 13-0136 and 13-0293. 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 (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override by veto of the City Commission. City of Miami Page 4 of 4 File Id: 16-00948 (Version: 1) Printed On: 5/29/2018