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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4584 Date: 08/15/2018 Commission Meeting Date: 09/13/2018 Requesting Department: Downtown Development Authority Sponsored By: District Impacted: Type: Resolution Subject: Approve Proposed Additional Millade for FY'19 DDA Purpose of Item: The Miami Downtown Development Authority of the City of Miami requests that the City Commission adopt the attached Resolution defining and designating the territorial limits of the DDA independent taxing district and setting the millage thereof. Background of Item: Chapter 14 of the City of Miami Code authorizes the City Commission to levy an additional ad valorem tax on all real and personal property within the DDA, not to exceed 0.475 mills on the dollar valuation of such property for financing the operations of the DDA. Attached is a Resolution for the City Commission approval, which defines and designates the DDA boundaries, fixes the millage at 0.4681 mills and levies taxes for the fiscal year beginning October 1, 2018 and ending September 30, 2019. The proposed millage rate is the same as the current year's rate. Budget Impact Analysis Total Fiscal Impact: N/A Downtown Development Authority Office of Management and Budget Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Alyce Robertson Carolina Aguila Jacques Joseph Christopher M Rose Fernando Casamayor Nikolas Pascual Valentin J Alvarez Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Skipped Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 08/22/2018 3:25 PM 08/21/2018 3:45 PM 08/23/2018 3:06 PM 08/24/2018 11:38 AM 08/24/2018 2:21 PM 08/27/2018 10:48 AM 08/31/2018 4:20 PM 09/03/2018 1:50 PM 09/04/2018 2:24 PM 09/13/2018 5:05 PM 09/24/2018 4:16 PM 09/24/2018 4:46 PM 09/24/2018 10:22 PM City of Miami Legislation Resolution Enactment Number: R-18-0384 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4584 Final Action Date:9/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROPOSING AN ADDITIONAL TENTATIVE MILLAGE RATE FOR AD VALOREM TAXATION PURSUANT TO SECTION 200.065, FLORIDA STATUTES; DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT ("DISTRICT") OF THE CITY OF MIAMI, FLORIDA ("CITY"); 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 OF THE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019; PROVIDING THAT SAID MILLAGE SHALL BE IN ADDITION TO THE MILLAGE ADOPTED BY THE CITY COMMISSION PURSUANT TO ARTICLE VII, SECTION 9 OF THE FLORIDA CONSTITUTION AND SECTION 166.211, FLORIDA STATUTES, 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 pursuant to Chapter 65-1090, Laws of Florida; Section 189.056, Florida Statutes ("F.S."); and Section 14-60 of the Code of the City of Miami, Florida, as amended, is authorized to levy an additional ad valorem tax on the taxable value of 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 of the City of Miami, Florida ("DOA") 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, F.S., sets forth the method of computing, proposing, and fixing a millage rate for ad valorem taxation; and WHEREAS, Section 200.065(5)(a)(1), F.S., 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 of the City Commission on the final determination to adopt such millage rate; and WHEREAS, on June 28, 2018, the Miami -Dade County Property Appraiser ("Property Appraiser") pursuant to Section 200.065(1), F.S., certified to the DDA the taxable value of property within the territorial limits of the District at $19,469,904,269.00; and WHEREAS, the DDA prepared a tentative budget for the Fiscal Year ("FY") beginning October 1, 2018, and ending September 30, 2019, 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 26, 2018, the City Commission adopted Resolution No. 18-0335, attached and incorporated as Exhibit "B", wherein it directed the Executive Director of the DDA to submit to the Property Appraiser 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), F.S.; and WHEREAS, Section 200.065(2)(c), F.S., requires the City Commission to hold a public hearing on the tentative budget and the proposed millage rate, and such public hearing has occurred earlier today in this meeting; 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. 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 Ordinance No. 12307, adopted December 12, 2002, and as more specifically described in Exhibit "A", attached and incorporated. Section 3. There shall be levied an additional ad valorem tax on the taxable value of 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 FY beginning October 1, 2018 and ending September 30, 2019. Section 4. The proposed tentative millage rate herein adopted is 3.17% greater than the rolled -back rate of 0.4537 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 City Commission, pursuant to Article VII, Section 9 of the Florida Constitution and Section 166.211, F.S., 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 FY beginning October 1, 2018, and ending September 30, 2019, 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 immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 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 of the veto by the City Commission.