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HomeMy WebLinkAboutAgenda Item SummarytTY U7; * It AGENDA ITEM SUMMARY FORM File ID: #2823 Date: 08/16/2017 Requesting Department: Downtown Development Authority Commission Meeting Date: 09/19/2017 District Impacted: All Type: Resolution Subject: Proposed Millage for FY'18 - DDA Purpose of Item: The Miami Downtown Development Authority of the City of Miami requests that the City Commission adopt the attached Resolution defining and designating the territorial limits of the DDA independent taxing district and setting the millage thereof. Background of Item: Chapter 14 of the City of Miami Code authorizes the City Commission to levy an additional ad valorem tax on all real and personal property within the DDA, not to exceed 0.475 mills on the dollar valuation of such property for financing the operations of the DDA. Attached is a Resolution for the City Commission approval, which defines and designates the DDA boundaries, fixes the millage at 0.4681 mills and levies taxes for the fiscal year beginning October 1, 2017 and ending September 30, 2018. The proposed millage rate is the same as the current year's rate. Budget Impact Analysis Total Fiscal Impact: Reviewed By Downtown Development Authority Alyce Robertson Office of Management and Budget Pedro Lacret Office of Management and Budget Christopher M Rose Legislative Division Marta Gomez Office of the City Attorney Xavier Alban Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 08/22/2017 2:32 PM Budget Analyst Review Completed 08/22/2017 5:20 PM Budget Review Completed 08/23/2017 9:37 AM Legislative Division Review Completed 08/23/2017 9:52 AM ACA Review Completed 08/25/2017 6:03 PM Deputy City Attorney Review Completed 08/31/2017 5:47 PM Approved Form and Correctness Completed 09/01/2017 4:40 PM Meeting Completed 09/14/2017 5:05 PM Meeting Completed 09/19/2017 5:05 PM Signed by the Mayor Completed 09/19/2017 7:28 PM Signed and Attested by the City Clerk Completed 09/19/2017 7:34 PM File Number: 2823 City of Miami Legislation Resolution Enactment Number: R-17-0427 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:9/19/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY COMMISSION"), WITH ATTACHMENT(S), PROPOSING AN ADDITIONAL TENTATIVE 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 0.4681 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, 2017 AND ENDING SEPTEMBER 30, 2018; PROVIDING THAT SAID MILLAGE SHALL BE IN ADDITION TO THE MILLAGE ADOPTED BY THE CITY COMMISSION PURSUANT TO ARTICLE VII, SECTION VII 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 ("City Commission"), pursuant to Chapter 65- 1090, Laws of Florida; Section 189.056, Florida Statutes (T.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 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, F.S., sets forth the method of computing, proposing, and fixing a millage rate for ad valorem taxation; and WHEREAS, Section 200.065(5)(a)(1), F.S., 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 June 30, 2017, the Miami -Dade County Property Appraiser ("Property Appraiser"), pursuant to Section 200.065(1), F.S., certified to the DDA the taxable value of property within the territorial limits of the District, set at $18,781,633,588.00; and WHEREAS, the DDA prepared a tentative budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018 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 27, 2017, the City Commission adopted Resolution No. 17-0395, attached and incorporated as Exhibit "B", wherein it directed the Executive Director of the DDA to submit to the Property Appraiser 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), F.S.; and WHEREAS, Section 200.065(2)(c), F.S., requires the City Commission to hold a public hearing on the tentative budget and the proposed millage rate and such 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. 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 Ordinance 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, 2017 and ending September 30, 2018. Section 4. The proposed tentative millage rate herein adopted is 4.86% greater than the rolled -back rate of 0.4464 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 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 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, 2017 and ending September 30, 2018 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, 2017 after final reading and adoption thereof.' ' 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. APPROVED AS TO FORM AND CORRECTNESS: ria ' ndez,ity ttor ey 9/1/2017