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2004-25690 Reso RESOLUTION NO. 2004-25690 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL AD VALOREM MILLAGE RATE 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. 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 1.123 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 0.989 mills by thirteen and five tenths percent (13.5%); and WHEREAS, on September 28, 2004, 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) 2004/05. 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 1.123 mills for FY 2004/05 on a II 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 0.98 mills by thirteen and five tenths percent (13.5%). PASSED and ADOPTED this 28th ~d~~ S CRETARY TO THE DISTRICT APPROVED AS TO fORM & lANGUAGE & FOR EXECUTION /!1t W- 9-{J;Vl;f .:;to: ~" / CITY OF MIAMI B'EACH COMMISSION ITEM SUMMARY m Condensed Title: Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Final 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%). Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Govemment Neighborhood Improvement District, adopt the attached resolution which sets the final millage? Item Summary/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 final millage. Advisory Board Recommendation: I Financial Information: Source of Amount Account Approved Funds: 1 IF;~J 2 3 4 Total City Clerk's Office Legislative Tracking: I Si n-Offs: Department Director Assistant City Manager City Manager AGENDA ITEM PJBJ q -JS-oC( DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.d.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \.../,~--- City Manager 0 () Date: September 28, 2004 To: Subject: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL 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. 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) Final 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) Final adopted millage rate of 1.123 mills is 13.5% greater than the "Rolled-back" Rate of 0.989 mills. The first public hearing on the tentative Normandy Shores District millage rate and budget for FY2004/05 was held on September 9,2004. The millage rates presented herein are those which were tentatively adopted at the end of the first public hearing held on that day. 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 a nd 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 Final Millage September 28, 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. 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. At the July 28, 2004 Commission meeting, the Mayor and Commission adopted Resolution 2004-25633, which set the proposed operating millage rate for the District at 1.123 mills. 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 final millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease 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 adoption of the millage resolution. ANALYSIS On September 9, 2004, the Mayor and City Commission adopted Resolution 2004-25686 which set the tentative ad valorem millage at 1.123. This millage includes 1.003 mills to provide the current level of security required by this district and will generate proceeds of $82,438. The remaining 0.120 mills will pay for additional security cameras and a small contingency and generate proceeds of $9,863 for a total millage revenue of $92,301. The District's total budget will increase by $9,863 to $136,663. The 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 current service level budgetary requirement ofthe district must be supplemented by a contribution from the General Fund in the amount of Normandy Shores FY 2004/05 Final Millage September 28, 2004 Page Three $44,362 or 35% of the operating budget ($126,800) for the current service levels. 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. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached Resolution which establishes the final millage. JMG:KGB:JC