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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16451 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROPOSING AN ADDITIONAL FINAL 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 0.4312 MILLS ON THE DOLLAR OF TAXABLE VALUE OF SUCH PROPERTY IN SAID DISTRICT FOR THE PURPOSE OF FINANCING THE OPERATION OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA") FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025; PROVIDING THAT SAID FINAL 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 ("City Code"), is authorized to levy an additional ad valorem tax on the taxable value of all real and personal property in the Downtown Development District, the boundaries of which are established in Section14-27 of the City Code, attached and incorporated as Exhibit "A" ("District"), not exceeding 0.4956 mills on the dollar valuation of such property for the purpose of financing the operation of the Downtown Development Authority of the City of Miami, Florida ("Miami DDA") as affirmed in Milan Investment Group v. City of Miami, 172 So. 3d 458 (Fla. 3rd DCA 2015); 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, the City Commission believes it is in the best interest of Miami DDA residents and property owners to reduce the final millage rate in the District from the proposed 0.4505 mills to 0.4312 mills ; and WHEREAS, Section 200.065(5)(a)(1), F.S., requires that the now final millage rate of 0.4312 mills would further require, at the time of a second hearing, a simple majority vote of the City of Miami Page 1 of 3 File ID: 16451 (Revision:) Printed On: 9/24/2024 16451 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16451 Enactment Number: governing body vote of the City Commission on the final determination to adopt such final millage rate; and WHEREAS, on July 1, 2024, the Miami -Dade County Property Appraiser ("Property Appraiser"), pursuant to Section 200.065(1), F.S., certified to the Miami DDA the taxable value of property within the territorial limits of the District at $30,067,524,964.00, as set forth in Exhibit "B", attached and incorporated; and WHEREAS, the Miami DDA prepared a final budget for the Fiscal Year ("FY") beginning October 1, 2024, and ending September 30, 2025, and computed a final millage rate of 0.4505 mills, which is necessary to fund the final budget, other than the portion of the Miami DDA's budget to be funded from sources other than ad valorem taxes; and WHEREAS, on July 25, 2024, the City Commission adopted Resolution No. R-24-0279, attached and incorporated as Exhibit "C," wherein it directed the CEO/Executive Director of the Miami DDA to submit to the Property Appraiser and the Miami -Dade County Tax Collector the final millage rate of 0.4505 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 first budget public hearing on the tentative millage rate and proposed budget, which occurred on September 7, 2024 and resulted in the adoption of Resolution No. R-24-0313, a copy of which is attached and incorporated as Exhibit "D", and a second budget public hearing on the final budget and the final millage rate, and such second budget 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. 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 0.4312 mills on the dollar of the taxable value of such property for the purpose of financing the operation of the Miami DDA for the FY beginning October 1, 2024, and ending September 30, 2025. Section 3. The final millage rate herein adopted is 1.17% greater than the rolled -back rate of 0.4262 mills. Section 4. The final millage rate adopted, and the ad valorem taxes levied pursuant to. this Resolution shall be in addition to the fixing of the final millage rate 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 5. This Resolution shall neither repeal nor amend any other resolution or ordinance adopting final millage or levying ad valorem taxes for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, but shall be deemed supplemental and in addition thereto. City of Miami Page 2 of 3 File ID: 16451 (Revision:) Printed on: 9/24/2024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 16451 Enactment Number: Section 6. 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 7. 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. City of Miami Page 3 of 3 File ID: 16451 (Revision:) Printed on: 9/24/2024 City of Miami Legislation Resolution SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 16451 Final Actio l ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT PROPOSING AN ADDITIONAL FINAL MILLAGE RATE FOR AD VALORE TAXATION PURSUANT TO SECTION 200.065, FLORIDA STATUTES; DINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOW DEVELOPMENT DISTRICT ("DISTRICT") OF THE CITY OF MIAMI, F ("CITY"); LEVYING AN ADDITIONAL AD VALOREM TAX ON ALL PERSONAL PROPERTY IN THE DISTRICT AT THE RATE OF 0 DOLLAR OF TAXABLE VALUE OF SUCH PROPERTY IN SAID PURPOSE OF FINANCING THE OPERATION OF THE DOW DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, F FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 202 SEPTEMBER 30, 2025; PROVIDING THAT SAID FINA ADDITION TO THE MILLAGE ADOPTED BY THE CI TO ARTICLE VII, SECTION 9 OF THE FLORIDA C 166.211, FLORIDA STATUTES, AS WELL AS A IMPOSED BY THE SAME; PROVIDING THAT DEEMED AS REPEALING OR AMENDING A ORDINANCE FIXING MILLAGE OR LEVYI SUPPLEMENTAL AND IN ADDITION TH CLAUSE; AND PROVIDING FOR AN E ORIDA AL AND 05 MILLS ON THE ISTRICT FOR THE OWN RIDA ("MIAMI DDA") AND ENDING ILLAGE SHALL BE IN COMMISSION PURSUANT STITUTION AND SECTION SPECIAL ASSESSMENTS IS RESOLUTION SHALL NOT BE OTHER RESOLUTION OR ANY TAXES, BUT SHALL BE DEEMED ETO; CONTAINING A SEVERABILITY ECTIVE DATE. WHEREAS, the Miami City Co ission pursuant to Chapter 65-1090, Laws of Florida; Section 189.056, Florida Statutes ("F .."); and Section 14-60 of the Code of the City of Miami, Florida, as amended ("City Code"), '- authorized to levy an additional ad valorem tax on the taxable value of all real and persal property in the Downtown Development District, the boundaries of which are establi ed in Section14-27 of the City Code, attached and incorporated as Exhibit "A" (" r strict"), not exceeding 0.4956 mills on the dollar valuation of such property for the purpose of ancing the operation of the Downtown Development Authority of the City of Miami, Florida Miami DDA") as affirmed in Milan Investment Group v. City of Miami, 172 So. 3d 458 (Fla. 3r' DCA 2015); and WHEREAS section 200.065, F.S., sets forth the method of computing, proposing, and fixing a millage r- - for ad valorem taxation; and WHE AS, Section 200.065(5)(a)(1), F.S., requires that the now final millage rate of 0.4505 mill- ould further require, at the time of a second hearing, a simple majority vote of the governin• •ody vote of the City Commission on the final determination to adopt such final millage ate; and WHEREAS, on July 1, 2024, the Miami -Dade County Property Appraiser ("Property praiser"), pursuant to Section 200.065(1), F.S., certified to the Miami DDA the taxable value f property within the territorial limits of the District at $30,067,524,964.00, as set forth in Exhibit "B", attached and incorporated; and SUBSTITUTED WHEREAS, the Miami DDA prepared a final budget for the Fiscal Year ("FY") beginning October 1, 2024, and ending September 30, 2025, and computed a final millage rate of 0.4505 mills, which is necessary to fund the final budget, other than the portion of the Miami DDA's budget to be funded from sources other than ad valorem taxes; and WHEREAS, on July 25, 2024, the City Commission adopted Resolution No. R-24-0 9, attached and incorporated as Exhibit "C," wherein it directed the CEO/Executive Director •f the Miami DDA to submit to the Property Appraiser and the Miami -Dade County Tax Colle. or the final millage rate of 0.4505 mills, together with other required information set forth in • -ction 200.65(2)(b), F.S.; and WHEREAS, Section 200.065(2)(c), F.S., requires the City Commission • hold a first budget public hearing on the tentative millage rate and proposed budget, wh. occurred on September 7, 2024 and resulted in the adoption of Resolution No. R-24-0 , a copy of which is attached and incorporated as Exhibit "D", and a second budget public h ing on the final budget and the final millage rate, and such second budget public heari- • has occurred earlier today in this meeting; NOW, THEREFORE, BE IT RESOLVED, BY THE COM , SION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in t Preamble to this Resolution are adopted by reference and incorporated as if fully set fortin this Section. Section 2. There shall be levied an additionad valorem tax on the taxable value of all real and personal property within the District at a r e of 0.4505 mills on the dollar of the taxable value of such property for the purpose of financi► • the operation of the Miami DDA for the FY beginning October 1, 2024, and ending Septer •er 30, 2025. Section 3. The final millage rate h: ein adopted is 5.7% greater than the rolled -back rate of 0.4262 mills. Section 4. The final millage .te adopted, and the ad valorem taxes levied pursuant to this Resolution shall be in additio o the fixing of the final millage rate adopted and ad valorem taxes levied by the City Commi on, pursuant to Article VII, Section 9 of the Florida Constitution and Section 166. 1, F.S., as well as in addition to any special assessments imposed by the same. Section 5. This ' -solution shall neither repeal nor amend any other resolution or ordinance adopting fi millage or levying ad valorem taxes for the Fiscal Year beginning October 1, 2024, a ending September 30, 2025, but shall be deemed supplemental and in addition thereto. Sectio' •. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution i declared invalid, the remaining provisions of the Resolution shall not be affected. ction 7. This Resolution shall become effective immediately upon its adoption and signa e of the Mayor.' 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. SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: Wy ng III, C y tor y 9/17/2024