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2002-25004 Reso " RESOLUTION NO. 2002-25004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING AN AD VALOREM MILLAGE RATE OF 1.194 MILLS FOR FISCAL YEAR 2002/03 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT WHICH EXCEEDS THE "ROLLED-BACK" RATE OF 0.839 MILLS BY FORTY-TWO AND THREE TENTHS PERCENT (42.3%). 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, the Ad Valorem millage rate assigned for the District amounts to 1.194 mills on all taxable and non-exempt real and personal property located within the boundaries of the District for the purpose of providing security services, which millage rate exceeds the "Rolled-back" rate of 0.839 mills by forty-two and three tenths percent (42.3%); and WHEREAS, on September 25, 2002, the Mayor and City Commission adopted an amendment to Ordinance No. 93-2881 which eliminated the $500 annual cap on the highest valued home in the District; and WHEREAS, on September 26, 2002, pursuant to Section 200.065 of the Florida Statutes, a public hearing was held before the Mayor and City Commission, acting as the Board, to discuss the operating millage rate and budget for the District for Fiscal Year (FY) 2002/03. NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT that, pursuant to Section 200.065, Florida Statutes, there is hereby levied an Ad Valorem millage rate of 1 .194 mills for FY 2002/03 on all taxable and non-exempt real and personal property located within the boundaries of the District for the purpose of providing security services, which millage rate exceeds the "Rolled-back" rate of 0.839 mills by forty-two and three tenths percent (42.3%). PASSED and ADOPTED this 26th day of Se F THE DISTRICT APPROVED M 1'0 fORM &LANGUAGI & FOR EXECUTION "C 'i c. CD -z .'CD &. .... e 0-1 ',0-1 . i I j" I I ! -- --~ .. --- I .CITY OF MIAMI BEACH"lD 'i NOTICE OF A SPECIAL CITY COMMISSION MEETING ..... } NOTICE IS HEREBY given thilt a Special CommisSion Meeting win be held by the City ~ Commission of the City of Miami Beach, on Thursd8y, September 26, 2002, commencing at 5:01 p.m., In the Commission ChamberS. 3rd floor. City Hall, 1700- Convention Center Drive, Miami Beach, Florida. ' AN ORDINANCE AMENDING MIAMI BEACH CITY CODE. CHAPTER 90 arim.ED .SOUD WASTE. " BY AMENDING SECTION lIO-131(A), ENT1TLED "APPENDIX A- , FEE SCHEDULE," BY RAISING THE FEE SCHEDULE FOR erN COLLECTION AND DISPOSAl OF GARBAGE' AND TRASH AT A RATE EQUAL. WITH .THE RATE INCREASE ASSUMED BY THE CITY PURSUANT TO' SECTION 12.5 (CONSUMER PRICE INDEX) OF THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND , BFI WASTE SYSTEMS OF NORTH AMERICA; PROVIDING FOR COMPENSAT1ON PAID FROM THE CITY TO . THE CONTRACTOR BAS~D ON THE INCREASE OR DECREASE OF THE CONSUMER PRICE INDEX, EffECTIVE C?CTQBER 1, 2002. Inquiries may be directed to the Public Wotks 0epal't1'lI8t'I at l305l673-7880. A public helIrlng adopting the t\n8I milage.... and Budget for F\sC8I Veer 2002103 for the City of MIamI Be8Cb. ~ heering adopting the t\n8I niI\1age rete end budget for F\sC8I Veer 2002103 the NormBndY ~ Loc8I ~ NeigtibolbOOd IrnpI'OWIIl8I'l DlstricL . \ ,.: ..... a: ..... CD ~ ..... ~ ..... CI) ~ c CI) ..... :::l .... Inquiries may be direCted totheOllice.of Management Md Budget at l305) 673-7510. . . In addition. the City Commission may discUSS other ~ bUsiness lit this meeting. Robert E. Parcher. CityC\erk City of Miami Beech . IN ACCOfIOANCE WITH M AMeRicANS WITH illSABlUllEs N:r Of 1890. PERSONS NEEIJlNG.SPEC\AL ACC(lMMODA'llON TO PNlT1CII'AlE IN ll1IS PROCEEDING~ CONTACr THE CflY Q.fRK'$ OffICE NO LAlCR 1WIN FOUROAYS PRtOR TO lHE PROCEEDING: lB.E1'HONE \305l673-7411 FOR AS$ISTANCE; F HEARING IMFWRED, 'JB,EPHONE THE FlORlCA RELAY SERVICE NUMBERS, (8001 !l55-8m (TllOI OR (8001955- 8770 tv'OICE). FOR ASSISfANCE. .' ,I \Ad' 0129) " CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution adopting an Ad Valorem millage of 1.194 mills for Fiscal Year 2002/03 for the Normandy Shores Local Government Neighborhood Improvement District, which exceeds the "Rolled-Back" rate of 0.839 mills by forty-two and three tenths percent (42.3%). Issue: Shall the City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, adopt the Ad Valorem millage of 1.194 mills for FY 2002/03? Item Summary/Recommendation: The administration recommends adopting an Ad Valorem millage of 1.194 mills for the Normandy Shores Local Government Neighborhood Improvement District. Advisory Board Recommendation: I Financial Information: Source of Funds: ~ Finance Dept. Amount Approved City Clerk's Office Legislative Tracking: I Jose Cruz Sign-Offs: Departmer'ltDirector s istant City Manager City Manager AGENDA ITEM DATE ~781 f-d.6-0~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.cLmiami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Date: September 26, 2002 Members of the City Commission Jorge M. Gonzalez \, . A / City Manager ~ rrv t A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING AN AD VALOREM MILLAGE RATE OF 1.194 MILLS FOR FISCAL YEAR 2002/03 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT WHICH EXCEEDS THE "ROLLED-BACK" RATE OF 0.839 MILLS BY FORTY-TWO AND THREE TENTHS PERCENT (42.3%). To: Subject: ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and 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) Final adopted millage rate for Fiscal Year (FY) 2002/03 Normandy Shores 1.194 mills (0.910 last year) 2) The adopted millage rate of 1.194 mills is 42.3% greater than the "Rolled-back" rate of 0.839 mills. The first public hearing on the tentative Normandy Shores District millage rate and budget for FY 2002/03 was held on September 23, 2002. The millage rates presented herein are those which were tentatively adopted at the end of the first public hearing held on September 23, 2002 . 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, Le., City of Miami Beach. Normandy Shores FY 2002/03 Final Millage September 26, 2002 Page 2 It also prescribes that a final millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase over the "Rolled-back" rate. Following this, another Resolution which adopts the Normandy Shores District operating budget must be approved. The statute requires the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate be publicly announced before the adoption of the millage levy resolution. Therefore, only the resolution title should be announced before the adoption of the millage resolution. BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District (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 2002/03 represents its ninth year of operation. The district 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". Based on January 1, 2002, "Certification of Taxable Values" for the district, the highest taxable property assessment within the district is valued at $624,003, which requires a millage of 0.801; this millage yields an assessment of $500. 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 rather than the General Fund. At the July 31,2002 Commission meeting the Mayor and Commission adopted Resolution 2002-24942, which set the proposed operating millage rate for the District at 0.801 mills. At this millage, in accordance with the enabling legislation no property owner's tax would exceed $500. The tax levy at 0.801 mills would have generated proceeds of$52,310 of the $120,000 operating budget to provide security services to the district. The difference between the revenues generated from such ad valorem tax proceeds and the total budgetary requirement of the District was to have been funded by the General Fund in the amount of $67,690 or 56% of the total operating budget. The General Fund has funded this difference for each of the eight years since the District was established. However, the Mayor and City Commission directed the Administration to take the actions necessary to limit the General Fund contributions to 35% of the operating costs of the District as have been previously discussed by the Finance and Citywide Projects Committee. The Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives on August 29th and they agreed with , . Normandy Shores FY 2002/03 Final Millage September 26, 2002 Page 3 the Administration's recommendation to amend the enabling ordinance to eliminate the $500 cap on the highest valued home in the District and to amend the proposed millage from 0.801 mills to 1.194 mills. This millage will generate $78,000 which represents 65% of the operating budget of the District and will limit the contribution from the General Fund to $42,000 or 35% of the operating budget. ANALYSIS On September 11, 2002, the City Commission adopted Resolution 2002-24955 which set the tentative operating millage rate for the District at 1.194 mills. To increase the proposed millage, the City had to notify the Miami-Dade County Property Appraiser, who prepared and distributed the required notification to each property owner in the District. This notification is estimated by the Miami-Dade County Property Appraiser to cost approximately $1,000, which will be borne by the City. On September 23,2002, the City Commission held the first public hearing on the tentative District millage rate and budget and adopted the tentative millage rate for the District at 1.194 mills. In addition, on September 25, 2002, the City Commission adopted the enabling ordinance to eliminate the $500 cap on the highest valued home. The final ad valorem millage recommended by the Administration is 1.194 mills to provide the level of security required by this district. This tax levy will generate proceeds of $78,000 and the General Fund will fund $42,000 or 35% of the operating budget.lt 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 (1.194) and the principal taxing authority (7.299) totals 8.493 mills, which is 1.507 mills less than the 10 mill cap. CONCLUSION The City Commission, acting in its capacity as the Board of the District, should adopt the attached Resolution which establishes a final millage. ~W:JC