HomeMy WebLinkAbout2006-26314 Reso
RESOLUTION NO. 2006-26314
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING EMERIL'S MIAMI BEACH,
LLC'S APPLICATION TO MIAMI-DADE COUNTY FOR
THE ENTERPRISE ZONE AD VALOREM TAX
EXEMPTION ON TANGIBLE PERSONAL PROPERTY
AS AUTHORIZED BY SECTION 29-81 OF THE CODE
OF MIAMI-DADE COUNTY.
WHEREAS, in 1986, the Florida Legislature authorized municipalities in the State
to establish enterprise zones; and
WHEREAS, the designation of enterprise zones, pursuant to Chapter 290,
Florida Statutes, has provided invaluable assistance to the City in its effort to achieve the
economic development objectives of private sector investment and job creation; and
WHEREAS, on June 4, 1986, the Mayor and City Commission adopted
Resolution No. 86-18459, approving the boundaries of the Miami Beach Enterprise
Zone; and
WHEREAS, on July 9, 2986, the Mayor and City Commission adopted
Resolution No. 86-18504, approving the alteration of the boundaries of said Enterprise
Zone; and
WHEREAS, on September 10, 1992, the Mayor and City Commission adopted
Resolution No. 92-20596, approving the alteration of the boundaries of the Miami Beach
Enterprise Zone, expanding the Zone to include properties in the North Beach area; and
WHEREAS, on December 2, 1998, the Mayor and City Commission adopted
Resolution No. 98-22986, approving the alteration of the boundaries of the Miami Beach
Enterprise Zone, to remove non-commercial property, such as beachfront and parks,
and include additional property with the potential to attract additional investment; and
WHEREAS, in 2005, Miami-Dade County administered a local effort to renew the
enterprise zone program and created a working committee consisting of municipalities
within the boundaries of the enterprise zone areas; and
WHEREAS, certain areas of the Miami Beach Enterprise Zone no longer
qualified for enterprise zone designation, according to the 2000 Census; and
WHEREAS, on September 8, 2005, the Mayor and City Commission adopted
Resolution No. 2005-25980, requesting that the State of Florida modify the boundaries
of the Miami Beach Enterprise Zone; and
WHEREAS, on May 9, 2006, the Miami-Dade County Board of County
Commissioners adopted Ordinance No. 06-68, amending Chapter 29 of the Code of
Miami-Dade County, providing for ad valorem tax exemptions for improvements to
tangible personal property in Community Redevelopment Areas; and
WHEREAS, the new exemption provided for in Ordinance No. 06-68 applies only
to County-wide operating and unincorporated municipal service area millages; and
WHEREAS, if an applicant for the new exemption is located within a municipal
CRA, Ordinance No. 06-68 requires the prior approval of the Community
Redevelopment Agency (CRA) board and the governing body of the municipality prior to
consideration of the application for the tax exemption by the Board of County
Commissioners; and
WHEREAS, businesses in the Miami Beach Enterprise Zone continue to employ
a significant number of residents of the Miami-Dade County Enterprise Zone; and
WHEREAS, Emeril's Miami Beach, LLC (Emeril's), is a business located in the
Miami Beach Enterprise Zone; and
WHEREAS, Emeril's has applied to the Miami-Dade County Board of County
Commissioner for the tax exemption on tangible personal property, as provided in
Ordinance No. 06-68; and
WHEREAS, approval of this request by the Miami Beach City Commission has
no fiscal impact on the City of Miami Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve Emeril's Miami Beach, LLC's application to Miami-Dade
County for the Enterprise Zone Ad Valorem T Exem tion on tangible personal
property, as authorized by Section 29-81 of the C e f Mi i-Dade County.
PASSED and ADOPTED this
ber, 2006.
ATTUba PCVLL!w.
City Clerk
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving Emeril's application for the County's Enterprise Zone Tax Exemption on
Tan ible Personal Pro e .
Ke Intended Outcome Su orted:
Increase resident satisfaction with availability of commercial service options.
Item Summary/Recommendation:
On May 9, 2006, the Board of County Commissioners adopted Ordinance 06-68, related to the
tangible personal property tax. This ordinance partially removed the prohibition on granting ad
valorem tax exemptions in Community Redevelopment Areas (CRAs) by allowing the tax exemptions
on tangible personal property qualifying for the exemptions. Pursuant to the ordinance, applications to
the County for the tax exemption on tangible personal property from businesses located in municipal
CRAs requires the prior approval of the CRA board and the governing body of the municipality in
which the business is located.
Since the tax increment pledged to a CRA is from real estate and improvements, and not from the
taxable tangible personal property within the CRA, this ordinance expands the available incentives to
local businesses with no fiscal impact on the City.
The Administration recommends that the Mayor and City Commission approve Emeril's request for
the Enterprise Zone Tax Exemption on the County's tangible personal property tax,
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
[J 2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin :
Kevin Crowder, Economic Deyelopment
Si n-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENDA\2006\sep0606\Regular\EZ Emerils Sum.doc
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MIAMI BEACH
AGENDA ITEM R7 D
DATE 9-6-of?
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MIAMI BEACH
City of Miomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ..,.... -/'
September 6, 2006 U U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING EMERIL'S APPLICATION TO MIAMI-
DADE COUNTY FOR THE ENTERPRISE ZONE AD VALOREM TAX
EXEMPTION ON TANGIBLE PERSONAL PROPERTY AS AUTHORIZED BY
SECTION 29-81 OF THE CODE OF MIAMI-DADE COUNTY.
TO:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In 2005, the City participated in a working committee created by Miami-Dade County for
renewal of the Enterprise Zone program and to review the boundaries for the program, On
September 8, 2005, the Mayor and City Commission approved Resolution No. 2005-25980,
requesting that Miami-Dade County modify the boundaries of the Miami Beach Enterprise
Zone. The working committee also reviewed existing incentives, with the intent of
recommending additional incentives.
On May 9, 2006, the Board of County Commissioners adopted Ordinance 06-68, related to
the tangible personal property tax, This ordinance partially removed the prohibition on
granting ad valorem tax exemptions in Community Redevelopment Areas (CRAs) by
allowing the tax exemptions on tangible personal property qualifying for the exemptions.
Pursuant to the ordinance, applications to the County for the tax exemption on tangible
personal property from businesses located in municipal CRAs requires the prior approval of
the CRA board and the governing body of the municipality in which the business is located,
This tax exemption only applies to the countywide operating and unincorporated municipal
service area millages. Since the tax increment pledged to a CRA is from real estate and
improvements, and not from the taxable tangible personal property within the CRA, this
ordinance expands the available incentives to local businesses with no fiscal impact on the
City.
CONCLUSION
Although there is no fiscal impact to the City, the County ordinance requires municipal
approval of a business' request for the County tax exemption. Therefore, the Administration
recommends that the Mayor and City Commission approve Emeril's request for the
Enterprise Zone Tax Exemption on the County's tangible personal property tax.
JMGfTH/k~
T:\AGENDA\2006\sep0606\Regular\EZ Emerils.doc