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97-22487 RESO RESOLUTION NO. 97-22487 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING THE PROPOSED NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT OPERATING MILLAGE RATE FOR FY 1997/98, THE CALCULATED ROLLED-BACK RATE, AND THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES AND AUTHORIZING A REFERENDUM FOR A SPECIAL ASSESSMENT FOR OPERATING PURPOSES PURSUANT TO SECTION 163.514(16), FLORIDA STATUTES. WHEREAS, Section 200.065, Florida Statutes, has specified the method by whic 1 municipalities may fix the operating millage rate and adopt an annual budget for depencer t taxing districts; and WHEREAS, the City of Miami Beach is required to advise the Dade County ProP'3rt I Appraiser of the Proposed Normandy Shores Neighborhood Improvement Dis':ric t Operating Millage Rate, the Rolled-Back Rate, and the date, time, and place of the fin. t public hearing; and WHEREAS, there exists a shortfall of revenues to be generated by the opera:in } millage of the District and a special assessment is necessary to provide the funds fc r operating purposes; and WHEREAS, Section 163.514(16), Florida Statutes, requires that a referendurr b.~ authorized for a special assessment for operating purposes. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND THE CilT" COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: 1. The following recommendations of the Administration be and are hereby ratified fc r transmittal to the Dade County Property Appraiser, as specified in Section 200.065, Flo"idl Statutes: (a) Proposed Normandy Shores Neighborhood Improvement District Operatinl Millage Rate for FY 997/98 General Operating 0.966 mills (b) Rolled-Back Rate 0.933 mills (c) The first public hearing on the proposed Normandy Shores Neighborh)o j Improvement District operating millage rate and tentative budget for Fisc;,11 Year 1997/98 shall be held on Thursday, September 11,1997 at 5:02 P.M, in the City Commission Chambers, City Hall, 1700 Convention Center DrivE', Miami Beach, Florida. 2. Pursuant to Section 163.514(16), Florida Statutes, the City Clerk is hereb{ instructed and authorized to take such steps as may be necessary to hold a referend In , within the Normandy Shores Neighborhood Improvement District, by U.S. mail pursuar t to the procedures set forth in Section 163.514 (16), Florida Statutes, for the purposl~ (f authorizing a special assessment to raise $41,915 for operating expenses within th 3 District for fiscal year ending September 30, 1998. The City Clerk is hereby instructed:in j authorized to take all necessary actions to conduct such referendum as expeditiouslv a:; possible. PASSED and ADOPTED this 16th day of July 1 ~19j . ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR execunON iokto- rAA~ CITY CLERK J/ijft CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH OFFICE OF THE CITY MANAGER TELEPHONE: (305 6H-7010 FAX: (305: 67 J-7782 COMMISSION MEMORANDUM NO. 530 -9l TO: Mayor Seymour Gelber and Members of the City comfr~iS1on Jose Garcia-pedrosa.):" .'~" City Manager i' ,j :./ ~ f SUBJECT: A Resolution Setting 1) the Proposed Operating Millage Rate for t~ e Normandy Shores Neighborhood Improvement District;, 2) the Calculated Rolled Back Rate; and, 3) the Date, Time and Place of the First Public Hearing to Consider the Operating Millage Rate and Budget for Fiscal Year 1997/98 and Authorizing a Referendum for a Special Assessment for Operating Purposes Pursuant to Section 163.514(16), Florida Statutes. July 16, 19!17 FROM: ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission adopt the attachej resolution which authorizes the City Manager to transmit the following information to th~ Dade County Property Appraiser and authorizes the City Clerk to take such steps as may be necessary to hold a referendum for the purpose of authorizing a special assessment for operating purposes within the District for the fiscal year ending September 30, 1998. 1) Proposed Operating Millage Rate of the Normandy Shores Neighborhood Improvement District for FY 1997/98: General Operating 0.966 mills 2) Rolled Back Rate (Truth In Millage) 0.933 mills 3) The first public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 1997/9f: shall be at 5:02 P. M., Thursday, September 11, 1997 in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Agenda Item-R}~ Date 7-1~-(1~L Normandy Shores FY 1997 /98 Tentative Millage Page Two July 16, 1997 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 1997/98 represents lits fourth year of operation. It was established by Ordinance 93-2881, and will continue to exist unless rescinded by action of the Commission. This ordinance further enumerated the tenets which govern the annual setting of an operating millage and the formulating of an operating budget. Included in this language, is a caveat that reads in part... "the district is hereby authorized 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. " Using this restrictive language, taking into account the January 1, 1997, "Certification I)f Taxable Values" for the district, determining the highest assessed property within t~e district to be $517,267, translating this taxable value into a millage rate of 0.966; ard calculating the highest assessment to be $499.68 which is less than $500. Statutory Requirement FS 200.065, entitled "Method of Fixing Millage" establishes specific guidelines that mw;t be used by all local government entities, including dependent taxing districts like Normandy Shores in setting its millage (Property tax) rates. Not unlike its principal taxing authority (City of Miami Beach), Normandy Shores is also required to transmit within 35 days from receipt of the "Certification of Taxable Value" (received July 1, 1997), to the Dade County Property Appraiser, a proposed operating millage rate, the calculated rolled back rate and the date, time, and place of the first public hearing to consider the propose j operating millage rate and tentative budget for Fiscal Year 1997/98. After setting the proposed operating millage rate for Normandy Shores, the Cit{ Commission may, at any time prior to the final adoption, lower the millage rate; however any increase above the 0.966 millage rate would require an expensive mailing and advertising process to each an every property owner of Miami Beach. Therefore, thi:; proposed millage rate is viewed as the ceiling. ANAL YSIS: On July 1, 1997, the City received the "1997 Certification of Taxable Value" from the Property Appraiser's Office stating that the taxable value for Normandy Shores i~; Normandy Shores FY 1997/98 Tentative Millage Page Three July 16, 1997 $52,922,971, which included $33,813 in new construction. The preliminary valuE represents an increase of 5.2 percent over 1996's final value of $50,325,854. AlternatE~ly. the increase is 4.9 percent over 1996's preliminary value of $50,433,531. The differencE of $1 07,677 between 1996's preliminary and final values represents the equalization loss of less than one-half of one percent due to appeals. Operating Millage and Budget The value of one mill for Normandy Shores is $52,923. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Due to past experience, we utilize a discount of three and one half percent. Hence, the 96.5 percent value of one mill for Normandy Shores is $51,071. The proposed rate of 0.966 mills is 0.014 mills less than the current millage rate of 0.9aO mills, 0.033 mills or 3.54% greater than the rolled-back rate of 0:933 mills, and V,fill generate ad-valorem tax proceeds of $49,335. The operating budget of the district to provide the same level of services is proposed to be approximately $91,250. This is comparable to the current year-end projected expenditures. The gap between the revenues which will be generated from ad-valorem tax proceeds and the total budgeta ry requirement of the district must be supplemented in the amount of $41 ,915 or 46% of the total operating budget. The General Fund has funded this gap for each of the three years since the District was established. The amount provided by the General Fund for this purpose in FY 19961!l7 was $42,552. It is understood that the City cannot continue to subsidize this service, and to the extent possible, it should be self-supporting up to the two mill cap set by state statute. Ordinance 93-2881, which established the District, authorizes the District to use special assessments, not to exceed $500 per parcel of property per year, to support planning and implementation of District Improvements. Therefore, the Administration recommends that the shortfall of operating funds in the amount of $41 ,915 be funded through this provision for special assessments at the rate of $120 per parcel for the fiscal year 1997/98. Pursuant to Section 163.514(16), Florida Statutes, the City Clerk is instructed to take such steps as may be necessary to hold a referendum for the purpose of authorizing a special assessment to raise $41,915 for operating purposes within the District for fiscal ye:::tr 1997/98. Pursuant to Section 163.514(16), Florida Statutes, such a referendum is conducted by U.S. mail. The procedure is that when the City Clerk has compiled a list I)f the electors in the District, he has 45 days to notify each elector that a referendum will be held. Notification is by U.S. mail and by publication. Following such Normandy Shores FY 1997/98 Tentative Millage Page Four July 16, 1997 notification, there is a 75 day registration period, after which ballots in the form specifi!~d by the statute are mailed to the electors. All ballots received within 60 days of the mailing are tabulated and the results will be certified to the Mayor and City Commission within 5 days of the end of such 60 day period. First Public Hearing The first public hearing on the proposed operating millage rate and tentative budget 10r Fiscal Year 1997/98 must be held no later than 80 days (September 18th) or earlier than 65 days (September 3rd) from the start of the TRIM calendar (July 1 st). Other guidelinl~s are: 1) The public hearing cannot be scheduled on a Sunday or on those days utilized by Metropolitan Dade County or the Dade County School Board for their public hearing; 2) If on a day other than Saturday, it must be held after 5:00 P.M.; and 3) must be held immediately following discussion of the tentative millage and budget of its principal taxing authority (City of Miami Beach). Based on these guidelines, the first hearing must be held between September 3rd and September 18th. These dates are unavailable for the following reasons: September 7, 14 September 10 September 4, 18 Sundays Dade County School Board Public Hearings Metropolitan Dade County Public Hearings Of the remaining days, it is recommended that the first public hearing be set for 5:02 P.N!I., Thursday, September 11, 1997 in the City commission Chambers, City Hall, 17C 0 Convention Center Drive, immediately following the City of Miami Beach's public hearin9. Because no Commission meeting is set for that date,.,this will be a special meeting of t~e Commission. JGP:PDW:JC:KW F:\FINA \$DIR\TRISH\NSSPASS.CCM