HomeMy WebLinkAboutR-18-0418City of Miami
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Legislation
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Resolution: R-18-0418
File Number: 4697
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/27/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY 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, 2018 AND ENDING SEPTEMBER 30,2019;
PROVIDING THAT SAID MILLAGE SHALL BE IN ADDITION TO THE MILLAGE
ADOPTED BY THE CITY COMMISSION PURSUANT TO SECTION 9, ARTICLE
VII, 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 ("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, is authorized to levy an additional ad valorem tax on the
taxable value of 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 ("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, F.S. sets forth the method of computing, proposing, and
fixing a millage rate for ad valorem taxation; and
WHEREAS, on June 28, 2018, 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 $19,469,904,269.00; and
WHEREAS, the DDA prepared a tentative budget for the Fiscal Year ("FY') beginning
October 1, 2018 and ending September 30, 2019 and computed a proposed millage rate of
City of Miami Page 1 of 3 File ID: 4697 (Revision:) Printed On: 12/6/2018
File ID: 4697 Enactment Number: R-18-0418
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 26, 2018, the City Commission adopted Resolution No. 18-0335,
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, on September 13, 2018, the Commission adopted Resolution No. 18-0384,
attached and incorporated as Exhibit "C," authorizing the tentative millage rate of 0.4681 mills to
be presented to the City Commission at today's meeting for a determination now of the DDA's
final millage by four-fifths (4/5ths) affirmative vote, after a duly noticed public hearing, in
compliance with Section 200.065(5)(a)(1), F.S., and in order to fund the DDA's final budget for
the FY beginning on October 1, 2018 and ending on September 30, 2019, other than the portion
of the 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 the taxable value of 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 -DDA for the FY beginning October 1,
2018 and ending September 30, 2019.
Section 4. The final millage rate herein adopted is 3.17% more than the rolled -back rate
of 0.4537 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 City Commission pursuant to Section 9, Article VII, 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 FY beginning October 1, 2018
and ending September 30, 2019, 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, 2018 after final reading
City of Miami Page 2 of 3 File ID: 4697 (Revision:) Printed on: 12/6/2018
File ID: 4697
and adoption hereof.'
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez, ity ttor ey 9118/2018
Enactment Number: R-18-0418
' 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: 4697 (Revision:) Printed on: 12/6/2018