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HomeMy WebLinkAbout531-2006 RDA Reso RESOLUTION NO. 531 -2006 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, 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, a portion of the Miami Beach Enterprise Zone is located within the City Center Redevelopment area; 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 is located within the City Center Redevelopment Area; 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 Chairman and members has no fiscal impact on the Miami Beach Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Miami Beach Redevelopment Agency hereby approves Emeril's Miami Beach, LLC's application to Miami-Dade .County for the Enterprise Zone Ad Valor T x Exemption on tangible personal property, as authorized by Secti.on 29-81 oi 0 f' mi-Dade County. PASSED and ADOPTED this 6th day 0 e ATTEST: flAw} f eM- ~ Secretary Robert Parcher APPROVED NJ TO FORM & LANGUAGE & FOR EXECUnON ~ ~'oJ.~ ~ ate REDEVELOPMENT AGENCY MEMORANDUM 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 RDA. The Administration recommends that the Chairman and Members of the Redevelopment Agency Board 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 CJ 2 3 4 OBPI Total Financial Impact Summary: Tax exemption is for County Tangible Property Tax only therefore there is no fiscal impact to the Redevelopment Agency. Ci Clerk's Office Le islative Trackin : Kevin Crowder, Economic Development Si n-Offs: Department Director Assistant.City Manager City Manager T:\AGENDA\2006\sep0606\RegularlEZ Emertls RDA Sum.doc m .... MIAMI BEACH AGENDA ITEM DATE a.A Cf-G. -0" ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairman and Members of the Miami Beach Redevelopment Agency FROM: Jorge M. Gonzalez, Executive Director ~ ~ September 6, 2006 Il U DATE: SUBJECT: A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, 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. 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 ofthe 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 Redevelopment Agency. CONCLUSION Although there is no fiscal impact to the RDA, the County ordinance requires municipal approval of a business' request for the County tax exemption. Therefore, the Administration recommends that the Board approve Emeril's request for the Enterprise Zone Tax Exemption on the County's tangible personal property tax. JMGITH/kc T:\AGENDA \2006\sep0606\Regular\EZ Emerils.doc