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HomeMy WebLinkAboutLegislation FRs iix �✓ City Of Miami City Hall 3500 Pan American ! ' Drive Legislation Miami, FL 33133 J 1 �?.`�' www.mamigov.com Ordinance File Number: 15-01059 Final Action Date: AN ORDINANCE OF THE MIAMI CITY 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"); FIXING THE MILLAGE AND LEVYING AN ADDITIONAL AD VALOREM TAX ON ALL REAL AND PERSONAL PROPERTY IN THE DISTRICT ATA RATE OF 0.4750 MILLS ON THE DOLLAR OF THE TAXABLE VALUE OF SUCH PROPERTY FOR THE PURPOSE OF FINANCING THE OPERATION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; 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 (2015), AS WELL AS ANY SPECIAL ASSESSMENTS IMPOSED BY THE SAME; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING A 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 City of Miami Commission ("Commission"), pursuant Chapter 65-1090, Laws of Florida, Section 189.056, Florida Statutes (2015) and Section 14-60 of the Code of Miami Florida, is authorized to levy an additional ad valorem tax on all real and personal property in the Downtown Development 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, 2015 WL 3390260 (Fla. 3rd DCA, May 27, 2015); and WHEREAS, for the purpose of this Ordinance, the Downtown Development District is defined as that 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 (2015), sets forth the method of fixing a millage rate; and WHEREAS, on July 1st, 2015, the Miami -Dade County Property Appraiser ("PA"), pursuant to Section 200.065(1), Florida Statutes (2015), certified to the DDA the taxable value within the Downtown Development District, set at $15,130,797,003; and WHEREAS, the DDA prepared a tentative budget for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016 and computed a proposed mlilage rate of 0.4750 mills, which is City of Miand Page 1 of 3 1File Id: 15-01059 (Version: 1) Printed On: 8/25/2015 File Number: 15-01059 necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes; and WHEREAS, on July 23, 2015, the Commission enacted Resolution R-15-0326, 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 0.4750 mills, together with other required information set forth Section 200.65(2)(b), Florida Statutes (2015); 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 Ordinance 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 all real and personal property in. the Downtown Development District at a rate of 0.4750 mills on the dollar of the taxable value of such property for the purpose of financing the operation of the Miami DDA, for the Fiscal Year commencing October 1, 2015 and ending September 30, 2016. Section 3. The millage rate herein adopted is 13.83% more than the rolled back rate of 0.4173 mills. Section 4. The millage adopted, and ad valorem taxes levied, pursuant to this Ordinance shall be in addition to the millage adopted, and ad valorem taxes levied, by the Commission pursuant Section 9, Article VII, Florida Constitution, and Section 166.211, Florida Statutes (2015), as well as any special assessments imposed by the same. Section 5. This Ordinance shall neither repeal nor amend any other Ordinance adopting a millage or levying an ad valorem tax for the Fiscal Year beginning October 1, 2015 and ending September 30, 2016, but shall be deemed supplemental and in addition thereto. Section 6. if any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. Section 7. This Ordinance shall become effective October 1st, 2015, after final reading and adoption thereof. {1} City of Miami Page 2 of 3 File Id: 15-01059 (Version: 1) Printed On: 8/25/2015 File Number: 15-01059 APPROVED AS TO FORM AND CORRECTNESS: VIC ©RIA MEN b E CITYATTORNEYw— Footnotes: {1} This Ordinance 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 Ordinance, it shall become effective immediately upon 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 Fide 1d: 15-01059 (Version: 1) Printed On: 812512015