HomeMy WebLinkAboutR-16-0379Vop City of Miami
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Resolution: R-16-0379
File Number: 16-01200
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/6/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION ("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'), AND FIXING AND
ADOPTING THE TENTATIVE MILLAGE AND 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 FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30,
2017; 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
(2016), AS WELLAS 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 ("Commission") pursuant to Chapter 65-1090, Laws
of Florida; Section 189.056, Florida Statutes (2016); 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 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 ("DDA"), 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, Florida Statutes (2016), sets forth the method of fixing a millage
rate; and
WHEREAS, Section 200.065(5)(a)(1), Florida Statutes (2016), 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 on the final determination to adopt such millage rate; and
WHEREAS, on July 1, 2016, the Miami -Dade County Property Appraiser ("PA"), pursuant to
Section 200.065(1), Florida Statutes (2016), certified to the DDA the taxable value of property within
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File Number: 16-01200 Enactment Number: R-16-0379
the territorial limits of the District, set at $16,681,746,744; and
WHEREAS, the DDA prepared a tentative budget for the Fiscal Year beginning October 1,
2016 and ending September 30, 2017, 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 29, 2016, the Commission adopted Resolution No. R-16-0366, attached
and incorporated as Exhibit "B", 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 0.4681 mills, together with
other required information set forth in Section 200.65(2)(b), Florida Statutes;
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 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 Resolution
No. 12307, adopted December 12, 2002, and more specifically described in Exhibit "A", attached and
incorporated.
Section 3. There shall be levied an additional ad valorem tax on 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 Fiscal Year beginning October 1, 2016 and
ending September 30, 2017.
Section 4. The proposed tentative millage rate herein adopted is 10.04% more than the
rolled -back rate of 0.4254 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
Commission pursuant to Section 9, Article VII, Florida Constitution, and Section 166.211, Florida
Statutes (2016), 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 Fiscal Year beginning October 1, 2016 and
ending September 30, 2017, 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 October 1, 2016 after final reading and
adoption thereof. {1 }
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File Number: 16-01200
Footnotes:
Enactment Number: R-16-0379
{1 } This Resolution 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 Resolution, it
shall become effective immediately upon the override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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