HomeMy WebLinkAboutR-19-0353City of Miami
Legislation
Resolution: R-19-0353
File Number: 6315
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/12/2019
A RESOLUTION OF THE MIAMI 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') AS DESCRIBED IN EXHIBIT "A" ATTACHED AND
INCORPORATED; 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 OF THE CITY OF
MIAMI, FLORIDA ("MIAMI DDA") FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2019 AND ENDING SEPTEMBER 30,2020; PROVIDING THAT
SAID MIAMI DDA MILLAGE SHALL BE IN ADDITION TO THE MILLAGE
ADOPTED BY THE CITY COMMISSION PURSUANT TO ARTICLE VII,
SECTION 9 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 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 the taxable
value of 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 of the City of Miami, Florida ("Miami
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, anticipated to be further
amended as described below, and more specifically described in its current territory 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
City of Miami Page 1 of 3 File ID: 6315 (Revision: A) Printed On: 9/26/2019
File ID: 6315 Enactment Number: R-19-0353
(4/5ths) affirmative vote of the City Commission on the final determination to adopt such millage
rate; and
WHEREAS, on July 1, 2019, the Miami -Dade County Property Appraiser ("Property
Appraiser"), pursuant to Section 200.065(1), F.S., certified to the Miami DDA the taxable value
of property within the territorial limits of the District at $21,190,968,140; and
WHEREAS, the Miami DDA prepared a tentative budget for the Fiscal Year beginning
October 1, 2018, and ending September 30, 2019 ("Fiscal Year") 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 DDA's budget to be funded from sources other than ad valorem taxes; and
WHEREAS, on July 25, 2019, the City Commission adopted Resolution No. 18-0335,
attached and incorporated as Exhibit "B," wherein it directed the Executive Director of the Miami
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 also approved the expansion of the Miami DDA's boundaries to
include the section of Underline Adjacent to the Miami DDA area; and
WHEREAS, on July 25, 2019, the City Commission adopted Resolution No. 19-0318,
attached and incorporated, wherein it authorized moving forward with an ordinance amending
the District to amend, expand, and alter the boundaries of the current territory described in
Exhibit "A", attached and incorporated, to include new areas also known as the Underline, which
public hearing for such expansion is noticed for September 26, 2019; 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;
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 as more specifically described in Exhibit
"A", attached and incorporated.
Section 3. There shall be levied an additional ad valorem tax on the taxable value of 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 Miami DDA for the Fiscal
Year.
Section 4. The proposed tentative millage rate herein adopted is 4.23% greater than the
rolled -back rate of 0.4491 mills.
Section 5. The Miami DDA 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.
City of Miami Page 2 of 3 File ID: 6315 (Revision: A) Printed on: 9/26/2019
File ID: 6315
Enactment Number: R-19-0353
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 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 immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS
1
i ria i �-ndez, City Httor ey 8/30/2019
1 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: 6315 (Revision: A) Printed on: 9/26/2019