HomeMy WebLinkAboutR-17-0427opCity of Miami
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Legislation
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Resolution R-17-0427
File Number: 2823
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 ("F.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
City of Miami Page 1 of 3 File ID: 2823 (Revision:) Printed On: 12/20/2017
File ID: 2823 Enactment Number: R-17-0427
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
City of Miami Page 2 of 3 File ID: 2823 (Revision:) Printed on: 12/20/2017
File ID: 2823
adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
ria 'ndez, ity ttor ey 9/1/2017
Enactment Number: R-17-0427
' 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.
City of Miami Page 3 of 3 File ID: 2823 (Revision:) Printed on: 1212012017