HomeMy WebLinkAboutR-17-0472City of Miami
Legislation
Resolution R-17-0472
File Number: 2887
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/28/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION ("COMMISSION"), WITH
ATTACHMENT(S), BY A FOUR -FIFTH (4/5THS) AFFIRMATIVE VOTE, AFTER A
DULY NOTICED PUBLIC HEARING, 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 FINAL 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, 2017 AND ENDING SEPTEMBER 30,2018; 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 (2017), 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 tangible 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 ("Miami DDA"), as affirmed in
Milan Investment Group v. City of Miami, 172 So. 3d 458 (Fla. 3rd DCA 2015); and
WHEREAS, for the purposes 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 (2017), sets forth the method of fixing a
millage rate; and
WHEREAS, on July 1, 2017, the Miami -Dade County Property Appraiser ("PA"),
pursuant to Section 200.065(1), Florida Statutes (2017), certified to the Miami DDA the taxable
value of property within the territorial limits of the District, set at $18,781,633,588; and
WHEREAS, the Miami 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 Miami
City of Miami Page 1 of 3 File ID: 2887 (Revision: A) Printed On: 1/23/2018
File ID: 2887 Enactment Number: R-17-0472
DDA's budget to be funded from sources other than ad valorem taxes; and
WHEREAS, on July 27, 2017, the Commission adopted Resolution No. R-17-0395,
attached and incorporated as Exhibit "B," wherein it directed the Executive Director of the Miami
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; and
WHEREAS, on September 19, 2017, the Commission adopted Resolution No. R-17-
0427, attached and incorporated as Exhibit "C", authorizing the tentative millage rate of 0.4681
mills to be presented to the Commission at today's meeting for a determination now of the final
millage by four-fifths (4/5ths) affirmative vote, after a duly noticed public hearing, in compliance
with Florida Statutes Section 200.065(5)(a)(1), and in order to fund the Miami DDA's final
budget for the Fiscal Year beginning on October 1, 2017 and ending on September 30, 2018,
other than the portion of the Miami DDA's final budget to be funded from sources other than ad
valorem taxes;
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 purposes 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. By a four-fifths (4/5ths) affirmative vote, after a duly noticed public hearing,
there shall be levied an additional ad valorem tax on all real and personal property within the
District at a final rate of 0.4681 mills on the dollar of the taxable value of such property for the
purposes of financing the operation of the Miami DDA for the Fiscal Year beginning October 1,
2017 and ending September 30, 2018.
Section 4. The final millage rate herein adopted is 4.86% more than the rolled -back rate
of 0.4464 mills.
Section 5. The final 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 (2017), 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
City of Miami Page 2 of 3 File ID: 2887 (Revision: A) Printed on: 1/23/2018
File ID: 2887
and adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez,'City Attor iey 9/29/2017
Enactment Number: R-17-0472
' 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: 2887 (Revision: A) Printed on: 1/23/2018