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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6315 L��R 19 Date: 08/08/2019 Requesting Department: Downtown Development Authority Commission Meeting Date: 09/12/2019 Sponsored By: District Impacted: All Type: Resolution Subject: Approve Proposed Additional Millage for FY'20 DDA Purpose of Item: The Miami Downtown Development Authority of the City of Miami requests that the City Commission adopt the attached Resolution defining and designating the territorial limits of the Miami DDA independent taxing district and setting the millage thereof. Background of Item: Chapter 14 of the City of Miami Code authorizes the City Commission to levy an additional ad valorem tax on all real and personal property within the Miami DDA, not to exceed 0.4750 mills on the dollar valuation of such property for financing the operations of the Miami DDA. Attached is a Resolution for the City Commission approval, which defines and designates the Miami DDA boundaries, fixes the millage at 0.4681 mills and levies taxes for the fiscal year beginning October 1, 2019 and ending September 30, 2020. The proposed millage rate is the same as the current year's rate. Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: N/A Reviewed By Downtown Development Authority Alyce Robertson Office of Management and Budget Denise Lee Office of Management and Budget Jacques Joseph Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor City Manager's Office Ignacio Ortiz -Petit Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 08/08/2019 5:30 PM Budget Analyst Review Skipped 08/09/2019 11:04 AM Budget Analyst Review Completed 08/13/2019 2:48 PM Budget Review Completed 08/28/2019 5:26 AM Assistant City Manager Review Completed 08/28/2019 3:09 PM City Manager Review Completed 08/29/2019 1:36 PM Legislative Division Review Completed 08/29/2019 2:07 PM Deputy City Attorney Review Completed 08/29/2019 2:14 PM Approved Form and Correctness Completed 08/30/2019 3:57 PM Meeting Completed 09/12/2019 5:05 PM Signed by the Mayor Completed 09/16/2019 2:11 PM Signed and Attested by the City Clerk Completed 09/16/2019 2:14 PM Rendered Completed 09/16/2019 2:15 PM File Number: 6315 City of Miami Legislation Resolution Enactment Number: R-19-0353 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 (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. 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 Un ndez, City Attor t ey 8/3012019 Item was inadvertently incremented to revision A. No changes between original revision and revision A. 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.