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2004-25686 Reso RESOLUTION NO. 2004-25686 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE OF 1.123 MILLS FOR FISCAL YEAR 2004/05 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS THIRTEEN AND FIVE TENTHS PERCENT (13.5%) GREATER THAN THE "ROLLED-BACK" RATE OF 0.989 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 28,2004 AT 5:02 P.M. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93-2881 on October 20, 1993, which authorized the creation of the Normandy Shores Local Government Neighborhood Improvement District (District); and WHEREAS, Section 200.065, Florida Statutes, has specified the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, on July 28, 2004, the City Commission adopted Resolution 2004-25633 which set the proposed operating millage rate for the District at 1.123 mills for the purpose of providing security services within the District; and WHEREAS, on September 9, 2004, a public hearing was held before the Mayor and City Commission, acting as the Board, to discuss the tentative operating millage rate and operating budget for the District for Fiscal Year (FY) 2004/05. NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, that the Board hereby adopts the tentative operating millage rate of 1.123 mills for the District for FY 2004/05, which exceeds the "Rolled-back" rate of 0.989 mills by thirteen and five tenths percent (13.5%), subject to a second public hearing scheduled on Tuesday, September 28,2004, at 5:02 P.M. PASSED and ADOPTED this 9th day of September 20 . ATTEST: ~~f~ Secretary to the District APPROveD AS TO fORM & lANGUAGE & fOR ECUTlON (/~ 3/ tJ'/ Dato CITY 01: M'AMI BEACH COMMISSION ITEM SUMMARY lQ Condensed Title: Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Tentative Ad Valorem Millage Of 1.123 Mills For Fiscal Year 2004/05 For The Normandy Shores Local Government Neighborhood Improvement District, Which Exceeds The "Rolled-Back" Rate Of 0.989 Mills By Thirteen And Five Tenths Percent (13.5%), Subject Of A Second Public Hearing Scheduled On Tuesday, September 28,2004 At 5:02 P.M. Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the tentative millage and sets the date for the second public hearing. Item Summa /Recommendation: The Mayor and City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached resolution which sets the tentative millage and sets the date for the second ublic hearin . Advisory Board Recommendation: I Financial Information: Source of Funds: lliJ Finance Dept. City Clerk's Office Legislative Tracking: I Si n-Offs: City Manager AGENDA ITEM 1<761 Q-9-oL( DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Date: September 9, 2004 Members of the City Commission Jorge M. Gonzalez \. ,. ,/ City Manager O~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE OF 1.123 MILLS FOR FISCAL YEAR 2004/05 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS THIRTEEN AND FIVE TENTHS PERCENT (13.5%) GREATER THAN THE "ROLLED-BACK" RATE OF 0.989 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 28,2004 AT 5:02 P.M. To: Subject: ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the following: 1) The tentatively adopted millage rate for the Normandy Shores Neighborhood Improvement District for FY 2004/05: General Operating 1 .123 mills (1.123 mills last year) 2) The tentatively adopted millage rate of 1.123 mills is 13.5% greater than the "Rolled- back" Rate of 0.989 mills. 3) The second public hearing to consider the final Normandy Shores District millage rate and budget for FY 2004/05 shall be at 5:02 P.M., Tuesday, September 28,2004 in the City Commission Chambers, City Hall, 1700 Convention Center Drive. BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2004/05 represents its eleventh year of operation. It was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". However, on August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement Normandy Shores FY 2004/05 Tentative Millage September 9, 2004 Page Two District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25,2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. During FY 1998/99, the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community guard gate. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. The City Attorney's Office is reviewing the issue regarding the dependent status of the District. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the millage and budget of the principal taxing authority, i.e., City of Miami Beach. It also prescribes that a tentative millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled-back" rate, and the date, time, and place of the second public hearing scheduled to adopt the final millage. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved. (See accompanying Agenda item R7B2 for details). The statute requires the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate be publicly announced before adoption ofthe millage resolution. ANAL YSIS On July 1,2004, the City received the 2004 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $85,172,305, which included $33,243 in new construction. The preliminary value represents an increase of 13.6 percent over 2003's final value of $75,009,529. Alternately, the increase is 12.9 percent over 2003's preliminary value of $75,443,157. The difference of $433,628 between 2003's preliminary and final values represents the equalization loss of less than one percent due to appeals. The tentative ad valorem millage recommended by the Administration is 1.003 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $82,438. The total operating budget to provide security services at the current service level to this district is $126,800. This is comparable to the current year end projections. The difference between the revenues which will be generated from ad-valorem tax proceeds and the total budgetary requirement of the district must be supplemented by a contribution from the General Fund in the amount of $44,362 or 35% of the total operating budget for the current service levels. Normandy Shores FY 2004/05 Tentative Millage September 9, 2004 Page Three The General Fund has funded this difference for each of the ten years since the District was established. The amount provided by the General Fund for this purpose in FY 2003/04 was $44,042. In addition, a meeting was held on July 21, 2004 between the Normandy Shores Local Government Neighborhood Improvement Committee and the Administration to discuss additional needs of the neighborhood. The Committee unanimously approved an increase to the budget of $9,863 to pay for additional security cameras and a small contingency. This additional amount will be paid by establishing the millage at the current rate of 1.123 which will generate revenues of $92,301. The difference between the recommended millage of 1.003 needed to fund current service levels and the 1.123 will generate $9,863 to pay for the security cameras and a small contingency. The District's budget will increase by $9,863 to $136,663. On July 28, 2004, the City Commission adopted Resolution 2004-25633 which set the proposed operating millage rate for the District at 1.123 mills. It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (1.123) and the principal taxing authority (7.425) totals 8.548 mills, which is 1.452 mills less than the 10 mill cap. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached Resolution which establishes a tentative millage and schedules the second and final public hearing. JMG:KGB:JC Cf6