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Ordinance 90-2711 ORDINANCE NO. 90-2711 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 22, ENTITLED "NEIGHBORHOOD IMPROVEMENT DISTRICTS", ARTICLE IV, ENTITLED "CREATION AND NAMING OF DISTRICT 3,', SECTION 22-14, ENTITLED ',FINANCES,' BY PROVIDING THAT DISTRICT 3 MAY UTILIZE A MAXIMUM OF TWO MILLS AD VALOREM TAXATION AND SPECIAL ASSESSMENTS PURSUANT TO CHAPTER 170, FLORIDA STATUTES, TO SUPPORT PLANNING AND IMPLEMENTATION OF DISTRICT IMPROVEMENTS AND MAY APPLY FOR AND RECEIVE A $250,000.00 PLANNING GRANT FROM THE STATE OF FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PASSAGE AS AN EMERGENCY MEASURE. WHEREAS, on April 6, 1988 the City Commission adopted Ordinance No. 88-2628 which created the City of Miami Beach Safe Neighborhood Improvement District No. 3 and empowered said District to utilize a maximum of two mills ad valorem taxes or special assessments on real property within the District; and WHEREAS, in order for the City to be eligible to apply for a $250, 000. 00 grant in planning funds from the State of Florida for use by District 3 , it is necessary for the City Commission to immediately empower the District to utilize both a maximum of two mills ad valorem taxes and special assessments pursuant to, Chapter 170, Florida Statutes, to support planning and implementation of district improvements before September 11, 1990. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION I. That Section 22-14 , entitled "Finances" , of Article IV of Miami Beach City Code Chapter 22 , entitled "Neighborhood Improvement Districts" be amended to read as follows: Sec. 22-14. Finances (a) The Local Government Neighborhood District created hereby is authorized to apply for and receive from the Florida Department of Community Affairs up to two hundred fifty thousand dollars for a planning grant. (b) The district may utilize levy a maximum of two mills ad valorem taxes a-n special au-secsrlentc on real p-r-o=rty k:thin the district or personal property. (c) The district is authorized to use special assessments pursuant to Chapter 170, Florida Statutes, to support planning and implementation of district improvements. SECTION 2 . REPEALER That all ordinances or parts of ordinances in conflict therewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4 . EFFECTIVE DATE That this ordinance shall take effect immediately upon adoption, as an emergency measure. PASSED AND ADOPTED this 5th day of September, 1990. 40111.!" YO: ATTEST: -4%121- CITY CLERK Passed and Adopted as an Emergency FORM APPROVED Measure - September 5, 1990 SWS/jcl LEGAL DEPT. a: \Neighborhood\.Ord By Date C • 2 ".,_,3..:i�i::x.i2.cra, ..•Ys H:.. w s - >u.7w. iz a'`u-.. A e.. ,e.. ....W.t. ate,... 9.... .,. ..uees''a,^a....:.:.:�s:r..�..trve:.'S'� �o.te».: cs.2i '.`�.:n.k..,e<-�RxSz a. ..u:t,�.�-t�Je rres.; -'. n. �aiir-'i .v'.:.,.".ira.4�:::?r-i' :...:aa:,..'•.c •..:a+- "-7_ .y. _......t;::::a' .s:Y�'- eetv, Vtiam ecte4 \pM!BEq`y FLORIDA 3 3 1 3 9 7 *lINCOR ORATED)*s ``VACATIONLAND U. S. A. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 6737010 COMMISSION MEMORANDUM NO. _ / li DATE: September 5 , 1990 TO: Mayor Alex Daou• • Members of t - ity Commiss'•, FROM: Rob W. Park • -/j ln, City Manager SUBJECT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING THE ABILITY OF THE SAFE NEIGHBORHOOD DISTRICT NO. ° 3 TO UTILIZE A MAXIMUM OF TWO MILLS AD VALOREM TAXES ANNUALLY AND TO LEVY SPECIAL ASSESSMENTS ON REAL PROPERTY, IN ACCORDANCE WITH FLORIDA STATE STATUTES CHAPTER 170, TO SUPPORT PLANNING AND IMPLEMENTATION OF DISTRICT IMPROVEMENTS BACKGROUND On July 25, 1990, the City Commission adopted Ordinance No. 90-2703 amending the previously adopted Ordinance No. 88-2628 (passed on April 6, 1988) , which empowered the Miami Beach Safe Neighborhood Improvement District No. 3, to utilize a maximum of two mills ad valorem taxes or special assessments on real property within the District. The July 25, 1990 amendment was necessary in order to render the 1988 ordinance consistent with the updated legislation establishing the guidelines for distribution of Safe Neighborhood Planning Grants. Pursuant to State Statute Chapter 170, the updated legislation now requires that Safe Neighborhood Districts be empowered to utilize a maximum of two mills ad valorem taxes and special assessments to support planning and implementation of district improvements. In reviewing the City's Safe Neighborhood Grant Application, the Florida State Department Of Community Affairs requested that we clarify a deficiency in the wording of Ordinance No. 90-2703 , SECTION I. Sec. 22-14 entitled "Finances", (b) . The attached ordinance clarifies the deficiency. THE REOUEST That the City Commission adopt the attached Ordinance which amends Ordinance No. 90-2703, and clarifies the deficiency in the wording of SECTION I. Sec. 22-14 entitled "Finances" (b) . The wording now reads "The district may levy a maximum of two mills ad valorem taxes on real or personal property. The district is authorized to use special assessments pursuant to Chapter 170, Florida Statutes, to support planning and implementation of district improvements. " 1 AGENDA P` 4_ A ITEM 1 DATE - 5- 1 � Commission Memorandum No. Page 2 . September 5, 1990 Use of these revenue generating methods would still be contingent upon a vote of the City Commission of the City of Miami Beach, which is also the Board of Directors of the Safe Neighborhood District No. 3 . Failure to correct this could result in the City's inability to apply for and receive up to $250, 000 in planning funds. 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