HomeMy WebLinkAboutBack-Up DocumentsAFFIDAVIT OF AUTHORITY AND SUPPORT
Renewal of the Coconut Grove Business Improvement District ("BID") and the proposed
amendment to the Coconut Grove BID's governing board is subject to the approval by a majority
(50% plus 1) of the affected property owners, which shall be determined through an Affidavit of
Authority and Support ("Affidavit").
The process for submitting an Affidavit shall begin on July 13, 2018. An Affidavit must either be
hand delivered or mailed to the Office of the City Clerk at the address listed below and be
received by the Office of the City Clerk no later than 5:00 PM on October 15, 2018:
City of Miami
Office of the City Clerk
3500 Pan American Drive
Miami, FL 33133
Affected property owners are entitled to file one (1) Affidavit per individual folio owned.
"Owner" shall mean a person who appears on legal title to real property by deed duly recorded in
the Miami -Dade County records or their designated representative, agent, or guardian of the
owner.
A full list of those properties subject to the special assessment and eligible to file an Affidavit
will be on file at the City of Miami, Office of the City Clerk. Those properties that do not derive
a special benefit from the stabilizing and improving of such district through promotion,
management, marketing, and other similar services will not be assessed and therefore are not
eligible to file and Affidavit.
AFFIDAVIT OF AUTHORITY AND SUPPORT
STATE OF )
COUNTY OF )
BEFORE ME, the undersigned authority, on this day personally appeared
who, upon being duly sworn, deposes and says:
L I, hereby swear (or affirm) that I am the duly authorized
representative of <POPULATE NAME OF OWNER> ("Owner"), who owns property located at
<POPULATE ADDRESS>, identified by folio number <POPULATE FOLIO NUMBER> ("Property"),
and that I possess the legal authority to make this Affidavit on behalf of myself and the organization for
which I am acting.
2. The Property is included within the proposed boundaries of the Coconut Grove Business Improvement
District pursuant to Resolution No. 18-0294, adopted by the Miami City Commission on July 12, 2018,
and, subject to the approval by a majority of affected property owners, will be subject to a special
assessment pursuant to Chapter 170, Florida Statutes.
3. On behalf of the Owner, I hereby approve the Property being included within the proposed boundaries of
the Coconut Grove Business Improvement District, and thus, subject to a special assessment.
4. On behalf of the Owner, I hereby approve the amendments to the Coconut Gove Business Improvement
District Board composition proposed pursuant to Resolution No. 18-0294.
AFFIANT SIGNATURE
PRINT NAME
Sworn to (or affirmed) and subscribed before me on this day of , 2018, by
Personally Known OR Produced Identification
Type of Identification Produced
NOTARY PUBLIC
Name of Notary Public Typed, Printed,
or Stamped
City of Miami
G1TY QF �y
Legislation
t ° Resolution: R-18-0513
File Number: 5033
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF
THE CANVASS AND DECLARATION OF THE RESULTS FOR 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 A SPECIAL ASSESSMENT DISTRICT
AREA TO BE KNOWN AS THE COCONUT GROVE BUSINESS
IMPROVEMENT DISTRICT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission hereby officially acknowledges the City Clerk's
Certification of the Canvass and Declaration of Results of the City of Miami's affidavit
process, attached and incorporated as Exhibit "A," conducted pursuant to Resolution No.
18-0294 during the period of July 13, 2018 through October 15, 2018 for the re-
establishment of a special assessment district area to be known as the Coconut Grove
Business Improvement District.
Section 2. This Resolution shall become effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
I
i , ria i ndez, City Attor iey 11/512018
' Acknowledgement of election results are administrative acts which do not require the Mayor's Signature.
City of Miami Page 1 of 1 File ID: 5033 (Revision:) Printed On: 311912019
EXHIBIT "A"
CERTIFICATION AND DECLARATION OF RESULTS
OF THE AFFIDAVIT PROCESS TO RE-ESTABLISH THE
COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, do hereby certify that all
necessary legal steps were taken in connection with the conduct of the affidavit
process to re-establish the Coconut Grove Business Improvement District
(hereinafter referred to as "Coconut Grove BID"). The Coconut Grove BID opted to
obtain approval of affected property owners through an affidavit process that
included having property owners, or their authorized designee, execute an
affidavit(s) to re-establish the Coconut Grove BID. All affidavits were required to be
submitted to the Office of the City Clerk no later than 5:00 P.M. on Monday, October
15, 2018.
On July 12, 2018, the Miami City Commission passed Resolution R-18-0294, to
re-establish the Coconut Grove BID; in addition to authorizing the levy and
collection of a special assessment for a period of ten (10) years subject to the
approval of a majority of affected property owners within the established
boundaries of the Coconut Grove BID as identified in Composite Exhibit A of
Resolution R-18-0294.
Il. The affidavit process, per agreement between the Coconut Grove BID, Office of
the City Attorney and Office of the City Clerk, involved the Coconut Grove BID
mailing all affected property owners an affidavit to register their support of
the re-establishment of the Coconut Grove BID. Furthermore, the affidavits
were required to be notarized and filed with the Office of the City Clerk for the
property owners, or their authorized designees, vote to be counted. Affected
property owners were entitled to submit one (1) valid affidavit per individual
folio owned before the deadline. All affidavits were either to be hand delivered
or mailed to the Office of the City Clerk and received no later than 5:00 P.M. on
Monday, October 15, 2018. Finally, a non -vote by any affected property owner
was to be considered a "no" vote.
Ill. I further certify that on Monday, October 15, 2018, at 5:00 P.M., the agreed
upon deadline for the City Clerk to have received all affidavits from owners of
the two hundred and twenty-nine (229) affected properties of the proposed
re-establishment of the Coconut Grove BID, a total of one hundred and sixty-
five (165) affidavits had been filed with the Office of the City Clerk and are
open to inspection by the public.
Pagel of 2
IV. One hundred and forty (140) of the one hundred and sixty-five (165) filed
affidavits received by the deadline were determined to be properly executed
and deemed valid.
Twenty-five (25) of the one hundred and sixty-five (165) filed affidavits
received before the deadline were determined to be improperly executed and
therefore deemed invalid. Twenty-three (23) of the twenty-five (25) affidavits
originally deemed invalid were corrected by the property owner, or their
authorized designee, by submitting a new affidavit before the deadline that
was properly executed and therefore deemed valid. As a result, only two (2)
affidavits were deemed invalid after the deadline.
Furthermore, of the two hundred and twenty-nine (229) properties eligible to
vote in the affidavit process, eighty-seven (87) properties did not submit an
affidavit, and therefore were considered to be non -votes and thus deemed "no"
votes.
V. I further certify that the one hundred and forty (140) affidavits deemed valid
represent 61% of the properties located within the boundaries of the Coconut
Grove BID and therefore represent a majority of the affected property owners
required for the re-establishment to be approved as stipulated in Resolution
R-18-0294.
WITNESS my hand and the official seal of the City of Miami, Florida, this 19th day of
October, 2018.
�--tom----�
Hannon
City Clerk
Sworn to and subscribed before me this 19th day of October 2018, by Todd B. Hannon,
who is personally known to me and did take an oath.
Page 2 of 2
re of Notary Public
Name of Notary Typed, Printteq or Stamped
SANDRAFORGES
No" Public - State of Flaida
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commission # GG 084618
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My comm. Ex*es Mar 19. 2021
Bww Nwal NotM Assn.
Name of Notary Typed, Printteq or Stamped
City of Miami
1 i.RR cl
Legislation
alldl 1 l +
Resolution: R-18-0294
File Number: 4298
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/12/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RE-ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE
KNOWN AS THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT
("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL
ASSESSMENT FOR A PERIOD OF TEN (10) YEARS, SUBJECT TO THE
APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS FOR THE
CONTINUED EXISTENCE OF THE BID; PROVIDING FOR THE NATURE AND
ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF
ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS;
PROVIDING FOR PUBLICATION OF LEGAL NOTICE; PROPOSING AND
RECOMMENDING AMENDING THE COMPOSITION OF THE BID BOARD OF
DIRECTORS; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE
CITY CLERK, THE FINANCE DIRECTOR, THE BID EXECUTIVE DIRECTOR,
BID BOARD MEMBERS, AND ALL OTHER NECESSARY CITY OFFICIALS,
AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL
NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE
PURPOSE AND INTENT SET FORTH IN THIS RESOLUTION IN
ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES.
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 district through promotion, management, marketing, and other
similar services in such districts; and
WHEREAS, on July 24, 2008, the City Commission adopted Resolution No. 08-0455
creating the Coconut Grove Business Improvement District ("BID"), subject to the approval of a
majority of the affected property owners, for a period of ten (10) years; 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 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, as more particularly described in Resolution No. 08-0455 and confirmed in
Resolution No. 09-0076, through promotion, management, marketing, and other similar
City of Miami Page 1 of 5 File ID: 4298 (Revision:) Printed On: 311912019
File ID: 4298 Enactment Number: R-18-0294
services, including but not limited to, coordination, funding, implementation and maintenance of
infrastructure improvements, and other projects; and
WHEREAS, the BID has developed a variety of programs to keep the BID clean and
secure, fund marketing projects, sponsor special events, beautify the streetscapes, make capital
improvements, collect and disseminate economic development research, facilitate access to
parking, foster new business relationships, and partner with national, state, and local
organizations; and
WHEREAS, the BID assists the City by handling basic, services including security,
sanitization, and beautification in addition to subsidizing major capital improvement projects;
and
WHEREAS, it is in the best interest of the property owners and merchants located within
the BID boundaries to maintain the services that the Grove residents and BID stakeholders
have enjoyed for the last ten (10) years and have come to expect; and
WHEREAS, on June 11, 2018, the BID Board recommended that the BID be renewed,
subject to approval by a majority of the affected property owners, for an additional ten (10) year
period; and
WHEREAS, on June 11, 2018, the BID Board also proposed and recommended that
Chapter 2, Article XI, Division 17, entitled "Coconut Grove Business Improvement District Board
(Bid Board)" be amended to (i) reduce the BID Board from nineteen (19) Directors to nine (9)
Directors who shall be representative of various business interests in the District, (ii) of the nine
(9) seats on the BID Board, the following seats shall be filled as follows:
1) The Commissioner of District 2,
2) One self -identified representative of the Miami Parking Authority,
3) One self -identified representative of the Mayfair in the Grove,
4) One self -identified representative of CocoWalk, and
(iii) of the nine (9) seats on the BID Board, five (5) seats shall, in accordance with the BID
Board's By-laws, be elected and the members of those seats, to the extent practical, shall
represent hotel, restaurant, office, and retail properties, or property owners; and
WHEREAS, the boundaries of the proposed BID are as follows:
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
as composite Exhibit "A," attached and incorporated, 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,
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File ID: 4298 Enactment Number: R-18-0294
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. 27th 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," attached and incorporated, 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 include themselves
within the BID; and
WHEREAS, the boundaries of the proposed BID include only commercial property and
not-for-profit property used for commercial purposes;
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, a special
assessment is hereby authorized to be levied and collected and a special assessment district to
be known as the BID is hereby renewed for a period of ten (10) years, with boundaries to be as
set forth in composite Exhibit "A," attached and incorporated, subject to the approval of a
majority of affected property owners in said BID, 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 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, attached hereto as composite Exhibit "B" and based upon the assessment
methodologies by categories, as set forth in Exhibit "C," both attached and incorporated.
Section 4. The assessment shall be payable to the Finance Director of the City, 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 and within thirty (30) days following the confirmation by the
City Commission of the Final Assessment Roll.
Section 5. 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.
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File ID: 4298 Enactment Number: R-18-0294
Section 6. The assessment levied against a benefited property upon the approval of a
majority of affected property owners shall be prorated based on the number of days remaining
in the fiscal year from the date the Final Assessment Roll is confirmed by Resolution of the City
Commission, pursuant to Chapter 170, Florida Statutes, minus any assessments already
collected, if any, in the same fiscal year prior to the date the Resolution confirming the Final
Assessment Roll is adopted.
Section 7. The proposed BID area upon which the special assessments shall be levied,
subject to the approval of a majority of affected property owners, shall incorporate the total area
set forth in the map attached and incorporated as Exhibit "A-1" and shall reflect the geographic
boundaries description, as set forth in Exhibit "A-2," both attached hereto and incorporated.
Section 8. The special assessment shall be levied and collected for a ten (10) year
period and another petition and affidavit in support of the BID by the affected property owners
would be required prior to the termination of such ten (10) year period, to determine whether to
continue or discontinue the special assessment, or include additional properties in the BID, or
change the boundaries of the BID.
Section 9. In accordance with Section 170.04, Florida Statutes, there is on file with the
City Clerk at the time of the adoption of this Resolution an 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 as composite Exhibits "A" and
"B," which shall be open to inspection by the public.
Section 10. In accordance with Chapter 170, Florida Statutes, a Preliminary Assessment
Roll showing the lots and lands assessed and the amount of the benefit and the assessment
against each lot or parcel of land shall be considered at a future duly advertised Public Hearing
to be held by the City Commission, following the approval of a majority of affected property
owners at a time and place to be set in a separate Resolution. At that time the City Commission
shall hear, as an equalizing board, all parties in regard to the proposed assessment and after
making any adjustments that the City Commission may deem appropriate, the Final
Assessment Roll will be confirmed by a Resolution of the City Commission.
Section 11. In accordance with Section 170.05, Florida Statutes, this Resolution shall be
published one (1) time in a newspaper of general circulation in the City of Miami ("City") upon its
adoption.
Section 12. The City Commission hereby finds that the assessment has been fairly and
reasonably apportioned amongst the properties that will receive the special benefit.
Section 13. The City Commission, upon obtaining the approval of a majority of the
affected property owners, shall amend Chapter 2, Article XI, Division 17, entitled "COCONUT
GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID BOARD)" to incorporate the
aforementioned proposed and recommended amendments to the BID Board.
Section 14. 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 of Miami Page 4 of 5 File ID: 4298 (Revision:) Printed on: 3/19/2019
File ID: 4298
Enactment Number: R-18-0294
City Attorney, are authorized' and directed to undertake any and all necessary actions and
procedures to take such actions, as contemplated by this Resolution, including any action
appropriate in connection with obtaining the approval of the affected property owners.
Section 15. This Resolution shall become effective upon the date of its adoption herein
provided, however, that if the proposed special assessment does not receive the approval of a
majority of the affected property owners in the BID, this Resolution shall be null and void.2
Section 16. In the event that the proposed special assessment does not receive the
required majority approval, the BID shall continue to exist without change as originally created
pursuant to Resolution Nos. 08-0455 and 09-0076.
APPROVED AS TO FORM AND CORRECTNESS:
i �
kiey
ria i "ndez�y ttor 7/2/2018
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 City 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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