Loading...
HomeMy WebLinkAboutR-15-0342Vop City of Miami Legislation < U R �O Resolution: R-15-0342 File Number: 15-00483 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2015 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") 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 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 (2014) provides that a municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property 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 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 as follows: 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 Miand Page 1 of 4 File Id. 15-00483 (Version: 1) Printed On: 3/19/2018 File Number: 15-00483 Enactment Number: R-15-0342 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 (2014), a special assessment district is hereby created for a period of ten (10) years, to be known as the Wynwood Business Improvement District ("BID"), wherein a special assessment shall be levied and collected against benefited properties within its boundaries set forth herein, subject to the approval by a majority of affected property owners in the BID, for the purposes of stabilizing and improving retail business 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 property within the boundaries of the BID that derive a special benefit from the stabilizing and improving of such district through promotion, management, marketing, and other similar services; examples of which include, but are not limited to commercial property, work -live property where 50% or more of the floor space is dedicated to work space, and property owned or occupied by a religious institution or not-for-profit used for commercial purposes. Section 5. No special assessment shall be levied and collected against property within the boundaries of the BID that do not derive a special benefit from the stabilizing and improving of such district through promotion, management, marketing, and other similar services; examples of which include, but are not limited to, residential property, live -work property where 50% or more of the floor space is dedicated to living space, property owned or occupied by a religious institution or not-for-profit used for non-commercial purposes, property owned or occupied by a public or private elementary, middle or high school or property owned or occupied by a unit of government. Section 6. The total estimated cost of the services to be funded by the proposed special assessments is approximately one million one hundred sixty thousand two hundred and forty-eight dollars ($1,160,248.00) per year and special assessments shall be levied in accordance with the applicable provisions of Chapter 170, Florida Statutes (2014), 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, and further, the Commission finds that the special assessment has been fairly and reasonably apportioned amongst those properties deriving a special benefit. City of Miand Page 2 of 4 File Id. 15-00483 (Version: 1) Printed On: 3/19/2018 File Number: 15-00483 Enactment Number: R-15-0342 Section 7. The General Operating Fund of the City will not be used to augment the services, programs, and projects to be provided. 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 City Commission of the Final Assessment Roll. 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 (2014). Section 9. 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 10. In accordance with Section 170.04, Florida Statutes (2014), 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 11. In accordance with Section 170.05, Florida Statutes (2014), this Resolution shall be published upon its adoption. Section 12. In accordance with Chapter 170, Florida Statutes (2014), a Preliminary Assessment Roll showing the lots to be assessed, the amounts of benefits to the properties to be assessed, and the assessments 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 13. 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 14. 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 (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 15. 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 City of Miand Page 3 of 4 File Id. 15-00483 (Version: 1) Printed On: 3/19/2018 File Number: 15-00483 pursuant to Resolution Nos. 13-0136 and 13-0293. Footnotes: Enactment Number: R-15-0342 {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. 15-00483 (Version: 1) Printed On: 3/19/2018