05-22-07 SpecialSouth Miami
All- America
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MAYOR: Horace G. Feliu CITY MANAGER: Yvonne S. McKinley
VICE MAYOR: Randy G. Wiscombe CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Velma; Palmer CITY CLERK: Maria M. Menendez
COMMISSIONER: Marie Birts
COMMISSIONER: Jay Beckman
CITY COMMISSION AGENDA
S:peci,al Meeting
Meeting date: May 22, 2007 Time: 6:30 PM
Next Regular Meeting date: June 5, 2007
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM
City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who are retained to
represent a business entity or organization to influence "City" action. "City"
action is broadly described to include the ranking and selection of
professional consultants, and virtually all- legislative, quasi - judicial and
administrative action. It does not apply to not - for - profit organizations, local
chamber and merchant groups, homeowner associations, or trade
associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. AN EMERGENCY
ORDINANCE OF THE
MAYOR AND
CITY COMMISSION
OF THE CITY
OF SOUTH MIAMI,
FLORIDA,
RELATING TO AD
VALOREM TAXATION; AMENDING
CHAPTER
18 RELATING TO
TAXATION TO
AMEND THE SENIOR CITIZEN EXEMPTION, AD
VALOREM TAX
BREAK TO PROVIDE
QUALIFIED
INDIVIDUALS OVER
SPECIAL CITY COMMISSION 1
AGENDA - MAY 22, 2007
THE AGE OF 65, WITH AN ANNUAL INCOME UNDER $20,000 AND
HOMESTEAD RESIDENCE WITHIN CITY LIMITS WITH A $50,000
AD VALOREM TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000);
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
2. Adjournment
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE
NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES
PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR
SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE
ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS
PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 2
AGENDA - MAY 22, 2007
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HORACE G. FELIU
MAYOR
May 18, 2007
City Commission
c/o Maria M. Menendez, City Clerk
6130 Sunset Drive
City of South Miami 33143
6130 Sunset Drive
South Miami, Florida 33143 -5093
Tel: (305) 668 -2484• Fax: (305) 663 -6348
e -mail: horacefeliu@bellsouth.net
Re: Calling a Special Meeting: Tuesday, May 22, 2007
Honorable Members of the City Commission:
This is to notify all of you that I am hereby calling a Special Meeting of the City
Commission for Tuesday, 22, 2007 starting at 6:30 p.m., in the City Commission
Chamber. The purpose of this meeting is to address the ordinance relating to "senior
citizens exemption" which is time sensitive and needs adoption before June 1St. The city
attorney has prepared an "emergency ordinance" so that we can meet the June 1st
deadline. Enclosed please find the package for Tuesday the 22 °d.
Sincerely,
Horace G. Feliu, Mayor y
!I
i
Signed B
is M. Menendez, City Clerk
(As per directions from Mayor Feliu through City Manager McKinley.
The Mayor is presently out of town)
Cc: Yvonne Soler- McKinley, City Manager
Luis Figueredo, City Attorney
Enc.
South Miami
All-America City
1I V
2001
I EMERGENCY ORDINANCE NO.
2
3 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
5 RELATING TOAD VALOREM TAXATION; AMENDING CHAPTER 18
6 RELATING TO TAXATION TO AMEND THE SENIOR CITIZEN
7 EXEMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALIFIED
8 INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL INCOME
9 UNDER $20,000 AND HOMESTEAD RESIDENCE WITHIN CITY
10 LIMITS WITH A $50,000 AD VALOREM TAX BREAK (PRIOR
11 EXEMPTION WAS FOR $25,000); PROVIDING FOR SEVERABILITY,
12 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the Mayor and City Commission of the City of South Miami
15 pursuant to Article IV, Section 3(A) of the City Charter have the right to levy, assess and
16 collect all taxes and fees permitted by law, including without limitation, ad valorem
17 taxes; and,
18
11 WHEREAS, the City, pursuant to Article VII of the Florida Constitution, at
2 section 6(f), may authorize an ad valorem tax break to qualified individuals over the age
2 of 65, provided those individuals can document legal or equitable title to homestead
2 property within the City;
2
2z WHEREAS, in 2000 the City passed legislation for residents that qualify for a
2 state created ad valorem tax break for those residents that were able to demonstrate a
2 household income, which did not exceed $20,000.00, could apply for an additional
2 homestead exemption of $25,000.00. This additional homestead exemption, was made
24 applicable to all ad valorem tax millage rates levied by the City.
3 WHEREAS, the Florida Constitution was amended on November 7, 2006, by
3 State voters to increase the Senior Citizen Exemption up to $50,000; and
3
3 WHEREAS, this property tax - benefit is a local option, which requires the City to
3z adopt an ordinance under Chapter 166, Florida Statutes, in order for this exemption to
35 apply to taxes levied within the jurisdictional limits of the City; and,
3
3 WHEREAS, House Bill 333 signed into law by Governor Crist on April 9, 2007,
3 requires that all ordinances implementing this exemption for a jurisdiction must be
3S delivered to the Property Appraiser by June 1, 2007, for it to be effective for the 2007 tax
4 year; and,
4;
4 WHEREAS, it is necessary to enact this ordinance on an emergency basis due to
4 the time constraints imposed by House Bill 333 and the property of persons who would
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l` benefit from this exemption would be adversely affected by any delay inasmuch as they
would not qualify for the additional exemption for 2007 if the instant ordinance is not
adopted and transmitted to the Miami Dade County Property Appraiser to June 1,
2007;and
6 WHEREAS, the Mayor and City Commission desire to assist those residents that
7 qualify for the ad valorem tax break under Article VII of the Florida Constitution by
8 adopting the foregoing ordinance recognizing the tax exemption.
9
10 BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE
11 CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
12
13 Section 1. Ordinance number 19 -00 -1721, of the City of South Miami is
14 amended and shall be codified to read as follows:
15
16 Chapter 18
17
18 TAXATION
19
20 18 -11 Additional exemption for persons 65 years of age or older.
2
2 = In accordance with section 6(f), Article VII of the Florida Constitution and § 196.075,
2 Florida Statutes, any person 65 years of age or over who has legal or equitable title to real
2 estate located within the City of South Miami, Miami -Dade County, Florida, and
2 1 maintains thereon his/her permanent residence, which residence qualifies for and receives
2q homestead exemption pursuant to section 6(a), Article VII of the Florida Constitution,
27 and whose household income does not exceed $20,000.00 shall be entitled to make
2 application for an additional homestead exemption of $50,000.00 099.08. This
2 additional homestead exemption, if granted, shall be applicable to all ad valorem tax
3 millage rates levied by the City.
3
3 18 -12 Application required.
3
3z Every person claiming the additional homestead exemption pursuant to this chapter must
3 file an application therefore with the Miami -Dade County Property Appraiser no later
3 than March 1 of each year for which such exemption is claimed. Such application shall
3 include a sworn statement of household income for all members of the household and
3 shall be filed on a form prescribed by the Florida Department of Revenue. On or before
3 June 1 of each year every applicant must file supporting documentation with the property
4 appraiser. The necessary documentation to be filed with the Florida Department of
4 Revenue shall include copies of all federal income tax returns, wage and earning
41 statements, and such other documentation as required by the property appraiser, including
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documentation necessary to verify the income received by all of the members of the
household for the prior year.
18 -13 Failure to file application.
Failure to file the application and sworn statement by March 1 or failure to file the
required supporting documentation by June 1 of any given year shall constitute a waiver
of the additional exemption privilege for that year.
18 -14 Commencement for additional exemption availability.
This additional exemption shall. be available commencing with the year 20007 tax roll,
and the property appraiser may begin accepting applications and sworn statements for the
year 20007 tax roll as soon as the appropriate forms are available from the Florida
Department of Revenue.
18 -15 Annual income limitation to be adjusted annually.
Commencing January 1, 20007, and each January 1 thereafter, the $20,000.00 annual
income limitation in this article shall be adjusted annually and applicable as of January 1
of that year. The annual income limitation shall be adjusted by the percentage of change
in the average cost -of- living index for the immediately preceding calendar year compared
with the average cost -of- living index for the calendar year immediately prior to that year.
As used herein "index" shall be the average of the monthly consumer -price index figures
for the stated period, for the United States as a whole, issued by the United States
Department of Labor.
Section 2. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 3. This ordinance shall be codified and included in the Code of
Ordinances.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ENACTED this [ ] day of , 2007.
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PASSED AND ADO
ATTEST:
CITY CLERK
this
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
day of
1St Reading —
2"d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Beckman:
Commissioner Palmer:
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2007.