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HomeMy WebLinkAboutExhibit CEXHIBIT C Miami City Commission Resolution No. R-16-0379, adopted September 6, 2016 File Number: 16-01200 Version: 1 City of Miami Master Report Enactment Number: R-16-0379 File Type: Resolution Reference: File Name: Proposed Milla.ge for FY'17 - DDA Requester: Downtown Development Cost: Authority City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Status: Mayor's Office for Signature Controlling Body: City Commission Introduced: 8/17/2016 Final Action: 9/6/2016 Title: 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 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 MILLAGF, OR LEVYING TAXES, BUT SHALL; BE DEEMED SUPPLLEMENTAL AND IN ADDITION THERETO; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 16-01200 Memo -Downtown Development Authority.pdf,16-01200 Back -Up from Law Dept.pdf,16-01200 Legislation.pdf,16-01200 ExhibitA.pdf,16-01200 Exhibit B.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: I Office of the City 8/25/2016 Reviewed and Attorney Approved 1 City Commission 9/6/2016 ADOPTED Pass City of Miami Page 1 Printed on 918/2016 w 3j t� ter City ®f Miami City Half 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution: R-16-0379 File Number: 16-01200 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 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 ("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 the territorial limits of the District, set at $16,681,746,744; and City of Miami Page 1 of 3 File Id: I6-01200 (Version: 1) Printed On: 9/812016 File Number., 16-01200 Enactment Number: R-16-0379 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 RDA'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} City of Mianti Page 2 of 3 File Id: 16-01200 (Version: h Printed Ott: 9/812016 F=ile Number: 16-09200 APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITYATTORNEY Footnotes: Enactment Number: R-160379 {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. City of Miami Page 3 of 3 Fide Id: 16-01200 (Version: 1) Printed On: 91812016 EXHIBIT A Territorial Limits of the Miami Downtown Development Authority 'I1 ',s Downtown Development District fte. 14-27. Boundarlas dosignet ed. The downtown district detcribed as follows shAll be under the jurisdiction and oantrof of the, downtown development authorlfy� Begin at the interseotion of the centerline of NA, Fifth Street. and NN Third Avenue (east side of N -S Expressway thence run southerly along the conforline of NO, Thlrd Avenue and, the easterly side of N -S Expmhstwayto the centerline of W-est-Pagler Street; thence westerly along theoenterline of said Wes! Plagler Street to the bentorlihe of the - Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the easterly right-of-way line of Metro Rapid Transit right,of-way (formerly Florida East Coast (FEC) Railroad rlghtNof-;way) said' right-of-way line being U feet, easterly of and parallel with the periterl(ne of said Metro Rapid Transit.right- of,,way, thence run southerly and southwomerly along said easterly right-of-way line of Metro Rapid 'i-r8risit to the, intersoction with the centerline l of G.WN 15th Road; thence southeasterly along the :centerflne of 163th Road to �a point of intersection with the southerly prolongation of the westerly line of Costa Bella Devoloprnent Subdivision .(107-14 ; thence northeasterly, northwesterly- and northeasterly nlong said westerly line of Cotta. 18�Ila to. the intersection with the t southerly righof-way fine of I 14th Lane, thenoe southeasterl y, northeasterly, northerly, and northwesterly along sMd southerly and easterly- right-of-way line of SE, 14th l'ane and 8.12, 14th Torraoe to thr . inferyertfon with the northwesterly property fineof lot I, I I block 2 of amended plat of Point View at recorded in plat book 2 at page GS of the pudic; records. of made County, Florida; thence northeasterly along the nofthwesterlyflne of said, lot 31, to the northeasterly side of the existing ten foot alley in block 2. of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the Intersection with the prop rty line, between lots 4 and 6 of said block 2 of Point View; thofte northeasterly along, said line of lots 4 and 5 -and its prolongation thereof to. the Oeoterl[ne of SE, i4th Street; thencesoutheasterly along said centedine of $-E, 14th ,treat to P point of intersection with the exi-sting bulkhead and shoreline of Biscayne Bay; thence meandortrig northerly along the existing bulkhead and shoreline of Nscayne, Bay to e point of intersection with the southerly bound4ry of Claughton Island bridgp;, thence easterly along the said southerly right-of-way Eine of Claughton Island Bridge to the Iniersoo,"flot! with the wo5terIV bulkhead line of Claughtcyn- Island, said biilkhead line being pert of the. Metropolitan Dade County bulkhead line as recorded.* in. plat book 71 at page 18 of the public records thence southerly, easterly,northerly and westerly., foll.0wing said existing bulkhead and its westerly prolongation, thereof around the !Bland to the Pogo 1, of 4 intersection with the mainland on the easterly shoreline of Bisoayne Say; thence meand.oring in a northwesterly and weMeriy direction along the shoreline of Biscayne Bay and the Miami }diver to the intersection with the easterly right-of- way line of Brickell Av6nue Bridge (E Second Avenue); thence north along said bridge to the existing bulkhead on the northerly shorollne of the Miami liver; ,said bulkhe8d line also being the southerly boundary of the Dupont Plaza Center and Miami Center Joint Venture property; thenoe northeasterly along the southerly boundary of Dupont Plaza Confer and Miami Center Joint Venture property to a point of intersection with the e sterly praperty "lirle of Chopin Associates .and Miami Center Urr.7ited Partnership; said property lime being aping the shoreline of B seayne Bay; thence northerly along said easterly property line of. Chopin Associates and Miami ;Center Limited partnership property along Biscayne icy to the southerly property lino of Bayfront Park; thenoe continuing northerly, northeasterly and northwesterly along thy. bulkhead lire of Bayfront Park and the Bayfront Park Miramar lna to a. point of i0ersection with the southedy ricght-ofNway line of State Road A-'i_A (Douglas Macarthur Causeway); thence easterly along t1he southe,l`ly right-of-way of said Douglas Macarthur Causeway to Its intersection with the easterly right-of-way line of the Intercoastal Waterway, said point also holing the westerly line of the submerged parcel of .land of the NVV quadrant of Watson l-sland as shown on the boundary surv6y of NW quadrant upland .and s'" bmerg d parcel (City of Miami miscellaneous file: thence southerly along the easterly right-of-way ling: of said Intercoastal Waterway to .a, point of intersection of the turning, basirl limit with the northerly line of the Miami main. ship channel, said paint also beinrg. approximately 600 feet west of the westerly bulkhead :line 6f Watson. island and 1,200 feet southerly of the south right-of way line of Douglas Mboarthur Causeway, as per QAZ. 2464, pages 77-% 79; thence northeasterly, southeasterly and northeasterly along the southeasterly line of said NW quadrant of Wratson island to the most easterly corner of said BIW quadrant of; Watson Island, said. corner being on the southwesterly ri ; -twofwway line of Douglas. M cw1hurCaus way, thence northwesterly and westerly along the sod rig'htwof-way fine to the northwest corner of said NW quadrant of Watson lsiand; lhohco westerly along the southerly right�of-w y line of the state road A-1 w A (Dour las Macarthur Causeway) to the bulkhead line of Drsoayne Bay, th nce r orthorly along the bulkhead. lino of iscayrt day to .a pr7ln caf Intersection with the w.nferline of Nat 17th Street extended easterly; thence westerly along the centarlin of `N, E. . nth Street and its extension thereof to a point of intersection with the c6nf6rllne of North. ayshore Drive, thence northerly along the conferline of North Bayshoro Drive to its intersection with the contorline of NE 170 Terradei thenoe northwesterly aldng, the centerline of N,E lith Terrace to its Warsectfon with the southwesterly extension of the northwesterly line of lot 2 of block 1 of Seaport as recorded. In plait book 149 at' 'i0 of the pr: olio records of Dade County, rlorlda; thenoe northeasterly. along 'rho northwesterly line of said lot 2, anci its said southwesterly extenslon 'thereof, to the southwesterly corner of tat t of block 1 of said Seaport (10-7911),,. thence south ea terly and easterly along thel southerly lino of sold lot I and its easterly extension to its Intersectim with tho. centerline of North l ayshora O"Ove; thence northeasterly alone the centerline f:age �4 of 4 of North Clays-lucre Drive to its intersoction with the southeasterly exters.ion of the northerly lire of said lot 'I rat` block 1 of said eapart ('149-79); thence northwesterly along the northerly line cf said lot 1,, and its said southeasterly .extension thereof, to the northwesterly corner of said lot 1 thence. northwesterly across .a 10-foot-wide alley to the northeasterly corner of lot 6 of block 8 of Miramar amended as recorded. in. plat book 5 at page 4 of the public records of Cads County, Florida; thence northwesterly along fho ncrrthe.rly line of said lot 5 and Its northwesterly extension tro its intersection with the centerline of Sevilla S'tret (N,E, 4th Avenue) of said Ni rarnar amended (5-4); thence southwesterly along the centerline of said Sevilla Street (:N.l , 4th Avortue.) to its intersection with the,centarllne of Vedado Street (N,. 4th Avenue) of said Miramar amended. (4)thence northerly along the centerline of N,E. 4th Avenue (Vedado Street); thohce noilherly along the conlerline of WE Fourth Avenue to its Intersection with the centerline of N.. 19th Street; the:rire westerly along .the centerline of N,E, 19th "street: to a point of intersection with southerly extenslo of th6 � asterly lot line of lot 4 of block 1 of Miramar am nded as recorded in plat book a at pogo 4 of the public records :of Dade County, F=lorlda, thence northerly along the easterly lot line of lot 4 and its extension thereof to the southerly lot line of lot $cif Cor"al Park as recorded in plat book. 2 iat pope 66 of the public record`s of Dade County, Florida;. thenco easterly along the southerly lot line of lot .8 to the Southeast corner of said lot 8; thence north rly along the. easterly lot line of lot a to the southerly right-of-way.ilne, of N, . 20th Street,,. thence easterly along the southerly right-of-way line of N.E 25th Street to the southerly extension of the easterly lot line; of lot 7 of said Coral. Park (2-60); thence northerly alongthe. easterly lot fine of lot 7 and its extension thereof to the northeast oorner of lot 7;. thence westerly along the northerly lot line of lot 7 to a point. of intersection with the southerly extension of the easterly lot line of lot 7 of block. .4 of Bayside Park ahiend d as. recorded it) plat book 2 at pago 40 of the Outdid re66rds of Gads County, orlda; thence northerly along the easterly lot line of lot 7 and its extension thereof across a 1 µfoot,wWde alley to the northeast corner of lot `7, thence continuing northerly . , aoross the right-of-way of N20th Terrace to the southeast earner of lrat 7 of block 1 of Bayside :Park amended (2-40), thenoe northerly along the easterly lot line of lot 7 to the northeast corner of said lot 7; thenco across a 15-foot.-Wide alley to the southeast corner of lot 5 block 3 of t Baydrinei,SubdivisIon as recorded in {slat book .2 at page 36 of the public record; I of lade County, Florlda thence northerly along the easterly lot: line of lot 5, .and the na:rtlrerly extension 'of its easterly lot line thereof, to the oenterline of ME, 21st Street; thence. easterly along the centerline of':N. , 21st Street to ,a point of Intersection with the southerly Olens:lon of the easterly lot lino of lot 3 of block 1 of 8yonhe Subdivision (2­36),, fthao northerly along the easterly loft line and ltd extenslcn thereof, to the southerly lot line of tract A of Caruso S. ubd viston as recorded in plat book 79 at pope 23 of thea, pubib records of Dade Courity, Pforda; thence easterly along the southerly tract fine cif tract A to the southerly extens oin of the easterly right-of-way line :of ME, rourth Avenue; thence northarly jalong the:easterly right-of-way line of N1. Fourth. Avenue and its extension thereof to the oente.rl ne of N, .. 24th "treeti;; thence westerly along t%e hg3 of oenterline of ME, 24th Street to the centerline of N.E. Second Avenue; thence southerly .along the centerline; of N.E-:. SaeGond Avenue to the ce.nterlir7e of WE 17th treet thonce westerly along the oer.,terllne of ME `17th Street and 'N,W, 17th Street to the easterly right-of-way line of thw i=ISG Railroad; thence southerly ai:ong the easterly ricght-of-way line of the FEC; Railroad to the centerline of NW Fifth Street thence westerly along the centerline of N.W, Fifth Street to the paint of begfnning, ' (Ord, No, 12307, §§ 2, �, 12-12-02) dItorl. . note: Card. No, 1207, § -2, 3, adopted December 1.2, 2.092, reputed and reenacted § 14-27 in its entirety to read at h t in sot out, Formerly, 14-27 pertained to similar nbject mater and derived from the Code of 1967, 13 -:2 - Ord, LL;2;Card, PJo.. 96.50, § 1, adopted July 8, 1Mft; Card, No, 98-35, § 1, adapted May 24; 1984; Ord, No, 10575, 1, adopted April 27, 1989, and tl�7e `Grade of '1980, 14- l i I , pate 4 of 4