HomeMy WebLinkAboutR-19-0024City of Miami
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Legislation
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Resolution: R-19-0024
File Number: 5333
TIME CERTAIN OF 2:30 PM
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/10/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE
COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID");
FURTHER ESTABLISHING THE TIME AND MANNER FOR PAYMENT
OF THE SPECIAL ASSESSMENT TO THE BID.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, Chapter 170, Florida Statutes, provides that a municipality, subject
to the approval of a majority of the affected property owners, may levy and collect
special assessments against properties benefited in a retail business district for the
purposes of stabilizing and improving such districts through promotion, management,
marketing, and other similar services in such districts; and
WHEREAS, following approval by a majority of the affected property owners
and other statutory prerequisites as set forth in Chapter 170, Florida Statutes, the City
Commission, on February 12, 2009, adopted Resolution No. 09-0076 confirming the
creation of the Coconut Grove Business Improvement District ("BID") and the levy and
collection of a special assessment for a period of ten (10) years within the BID's
boundaries; and
WHEREAS, the Board of Directors of the BID ("BID Board") was established to
stabilize and improve retail and other business in the areas described in Sections 35-
221 and 54-341 of the Code of the City of Miami, Florida, as amended ("City Code"),
and the assessed area known as the BID, more particularly described in Resolution
No. 08-0455 and confirmed in Resolution No. 09-0076, through promotion,
management, marketing, and other similar services, including but not limited to,
coordination, funding, implementation and maintenance of infrastructure
improvements, and other projects; and
WHEREAS, on July 12, 2018, the City Commission adopted Resolution No. 18-
0294, wherein it re-established the BID subject to the approval by a majority of the
affected property owners for an additional period of ten (10) years; and
WHEREAS, Resolution No. 18-0294 included a preliminary assessment plat
showing the area to be assessed, with plans and specifications, and an estimate of the
cost of the proposed improvement, all of which were open to the inspection of the public;
and
WHEREAS, Resolution No. 18-0294 was published on July 30, 2018 in the Miami
Herald; and
WHEREAS, on October 19, 2018, the Office of the City Clerk tabulated the results
City of Miami Page 1 of 5 File ID: 5333 (Revision:) Printed On: 3/11/2019
File ID: 5333
Enactment Number: R-19-0024
of the affidavit process conducted pursuant to Resolution No. 18-0294 during the period
of July 13, 2018 through October 15, 2018 for the re-establishment of the BID, wherein
the BID was deemed to be approved by a majority of the affected property owners; and
WHEREAS, on November 15, 2018, the City Commission adopted Resolution No.
18-0513 officially acknowledging the results of affidavit process conducted pursuant to
Resolution No. 18-0294 during the period of July 13, 2018 through October 15, 2018 for
the re-establishment of the BID; and
WHEREAS, on November 15, 2018, the City Commission adopted Resolution No.
18-0490 pursuant to Section 170.07, Florida Statutes, fixing Thursday, January 10, 2019,
at 2:30 P.M. at Miami City Hall, 3500 Pan American Drive, Miami, Florida, 33133 as the
time and place at which the owners of the properties to be assessed pursuant to the
preliminary assessment roll, or any other persons interested therein, may appear before
the City Commission and be heard as to the propriety and advisability of stabilizing and
improving the BID, as to the cost thereof, as to the manner of payment therefore, and as
to the amount thereof to be assessed against each property so improved as set forth in
Resolution No. 18-0294; and
WHEREAS, on November 27, 2018, thirty (30) days' written notice was given to
such property owners by mailing a copy of the notice including the amount of the
assessment to each property owner and the date, time, and location affected property
owners may appear before the City Commission at the property owner's last known
address; and
WHEREAS, proof of mailing of the required thirty (30) days' written notice was
made by affidavit of the City Clerk on December 18, 2018, a copy of which is on file with
the Office of the City Clerk and open to inspection by the public; and
WHEREAS, notice of the time and place of the hearing as set forth in Resolution
No. 18-0490 was published in the Miami Herald on December 27, 2018 and again on
January 3, 2019; and
WHEREAS, verification of such publications was made by affidavit of the
publishers, filed with the Office of the City Clerk and open to inspection by the public; and
WHEREAS, the City Commission met on January 10, 2019 at 2:30 p.m. as set
forth in Resolution No. 18-0490 and heard testimony from affected property owners as to
the propriety and advisability of stabilizing and improving the BID, as to the cost thereof,
as to the manner of payment therefore, and as to the amount thereof to be assessed
against each property so improved; and
WHEREAS, following such testimony, the City Commission found that the
assessment had been fairly and reasonably apportioned amongst the properties that will
receive the special benefit and decided to levy the special assessments; and
WHEREAS, the City Commission met as an Equalization Board to hear and
consider any and all complaints as to the special assessment; and
WHEREAS, the assessments set forth in Resolution No. 18-0294 are approved
and a Final Assessment Roll with boundaries as follows shall be filed with the Office of
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the City Clerk:
Enactment Number: R-19-0024
All lots and lands adjoining and contiguous or bounding and abutting upon such
improvements or specially benefited thereby and further designated by the
assessment plat, attached hereto and incorporated herein as composite Exhibit
"A," which include all of the commercial properties consisting of an eighteen (18)
block area of the central commercial core of Coconut Grove on the properties
abutting:
i) the north side of South Bayshore Drive from Darwin Street to McFarlane Road,
ii) McFarlane Road from South Bayshore Drive to Main Highway,
iii) Main Highway from McFarlane Road to Franklin Avenue including the single
commercial property just south of Franklin Avenue,
iv) Commodore Plaza,
v) Fuller Street,
vi) Grand Avenue from Margaret Street to Mary Street,
vii) the west side of Matilda Street from Grand Avenue to Florida Avenue,
viii) Virginia Street from Grand Avenue to Oak Avenue,
ix) Mary Street from South Bayshore Drive to Oak Avenue,
x) Oak Avenue from Virginia Street to Mary Street,
A) Tigertail Avenue from Mary Street to Darwin Street,
xii) S.W. 27' Avenue from Tigertail Avenue to South Bayshore Drive, and
xiii) the west side of Darwin Street from Tigertail Avenue to South Bayshore Drive;
and
WHEREAS, although included within the boundaries described above and in
composite Exhibit "A" is property owned or occupied by the City; other governmental
entities; churches (used for religious purposes); libraries; not-for-profit organization
property (used for their related charitable purposes); the condominium hotels known as
the Commodore Inn, the Mayfair Hotel & Spa, the Sonesta Bayfront Hotel, the Mutiny
Hotel, and the Ritz-Carlton Coconut Grove; and residential property, said properties are
exempt from the assessment except to the extent any such property wishes to
specifically include themselves within the BID;
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. Pursuant to the provisions of Chapter 170, Florida Statutes (2007), a
special assessment is confirmed to be levied and collected and the re-establishment of a
special assessment district to be known as the BID is hereby confirmed for an additional
period of ten (10) years with boundaries to be as depicted in composite Exhibit "A,"
attached and incorporated by this reference, for the purposes of stabilizing and improving
retail business in said BID through promotion, management, marketing, and other similar
services.
Section 3. The total estimated cost of the services to be funded by the proposed
special assessments is approximately Four Hundred Ninety -Four Thousand, Six Hundred
Ninety -Five Dollars ($494,695.00) per year and special assessments shall be levied in
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Enactment Number: R-19-0024
accordance with the applicable provisions of Chapter 170, Florida Statutes, for the
purposes of defraying a portion of the costs of services, programs, and projects and
based on the proposed Business Plan and Budget as set forth in composite Exhibit "B,"
and based upon the assessment methodologies by categories and the actual final
assessments as set forth in composite Exhibit "C," both attached and incorporated by
this reference.
Section 4. The initial assessment shall be payable to the BID on such date as
shall be contained in a bill to be mailed to each property owner within the BID at least
thirty (30) days prior to the due date, which date shall be no more than thirty (30) days
following the confirmation by the City Commission of the Final Assessment Roll.
Installments not paid when due shall become due and payable in accordance with
statutory provisions and shall remain liens coequal with the lien of all state, county,
district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until
paid, and shall bear interest, at such rate or rates as specified in Section 170.09, Florida
Statutes. The initial assessment levied against a benefited property shall be prorated based
on the total assessment levied for Fiscal Year 2018-2019 minus any assessments already
collected, if any, in the same fiscal year prior to the adoption of this Resolution confirming the
Final Assessment Roll.
Section 5. All subsequent assessments shall be payable to the BID on such date
as shall be contained in a bill to be mailed to each property owner within the BID at least
thirty (30) days prior to the due date. Installments not paid when due shall become due
and payable in accordance with statutory provisions and shall remain liens coequal with
the lien of all state, county, district, and municipal taxes, superior in dignity to all other
liens, titles, and claims, until paid, and shall bear interest, at such rate or rates as
specified in Section 170.09, Florida Statutes.
Section 6. The BID area upon which the special assessments shall be levied
shall incorporate the total area set forth in the map as set forth in Exhibit "A-1" and shall
reflect the geographic boundaries description as set forth in Exhibit "A-2," both attached
hereto and incorporated herein.
Section 7. The special assessment shall be levied and collected for a ten (10)
year period and another vote of the affected property owners is required prior to the
termination of such ten (10) year period to determine whether to continue or discontinue
the special assessment, include additional properties in the district, or change the
boundaries of the district.
Section 8. In accordance with Chapter 170, Florida Statutes, there is on file with
the Office of the City Clerk at the time of the adoption of this Resolution a Final Assessment
plat showing the area to be assessed, with plans and specifications, and an estimate of the
cost of the proposed improvement, the details of the proposed programs, services, and
projects, and a cost estimate as indicated in the Business Plan and Budget, attached hereto
and incorporated herein as composite Exhibits "A" and "B," which shall be open to inspection
by the public.
Section 9. In accordance with Chapter 170, Florida Statutes, there is on file with
the Office of the City Clerk at the time of the adoption of this Resolution a Final
Assessment Roll showing the lots to be assessed, the amounts of benefits to the
properties to be assessed, and the assessments against each lot, both as confirmed by
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the City Commission.
Enactment Number: R-19-0024
Section 10. The City Manager, the City Clerk, the Finance Director, the Executive
Director of the BID, the BID Board, and other necessary City officials, after consultation
with the City Attorney, are authorized' and directed to undertake any and all necessary
actions and procedures to take such actions as contemplated by this Resolution.
Section 11. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez, ity Attor iey 12/2812018
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
2 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.
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