Item Coversheet

Committee Assignments - C4  C




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, City Attorney 
DATE:October  14, 2020
 



SUBJECT:REFERRAL TO THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, TO CONSIDER A PROPOSED ORDINANCE TO AMEND SECTION 34-203 OF THE CITY CODE, RELATING TO THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, TO RE-ADOPT THE RELEVANT PROVISIONS OF CITY ORDINANCE NO. 2002-3380, WHICH ELIMINATED THE NOT-TO-EXCEED AMOUNT OF $500 PER PROPERTY IN CONNECTION WITH THE AD VALOREM TAXES LEVIED ON PROPERTIES LOCATED WITHIN THE DISTRICT.

ANALYSIS

 

This item was prepared at the request of Commissioner Richardson.

In 1993, the Mayor and City Commission established the Normandy Shores Local Government Neighborhood Improvement District (the “Normandy Shores District”) via Ordinance No. 93-2881, for the purpose of providing security services within the Normandy Shores area. The 1993 Ordinance authorized the City Commission to impose an ad valorem levy of up to 2 mills annually, subject to a cap of $500 per property.

In 2002, the Mayor and City Commission amended the original 1993 legislation (via Ordinance No. 2002-3380), to eliminate the ad valorem cap of $500 per property for the Normandy Shores District. The adoption of the 2002 Ordinance, and the elimination of the cap of $500 per property, permitted the City to reduce its financial contribution to the Normandy Shores District at that time, so that the City contributed 35% of the district’s operating budget.

In 2015, as part of a “clean up” Ordinance to repeal certain other safe neighborhood districts that were no longer active, the Mayor and City Commission enacted Ordinance No. 2015-3928. With respect to the Normandy Shores District, the 2015 Ordinance re-adopted the original 1993 legislation, simply for the purpose of “codifying” and publishing the ordinance as part of the consolidated legislation of the City. In so doing, the 2015 Ordinance inadvertently re-adopted the original 1993 cap of $500 per property, and not the correct, and most recent version, of the ordinance, which deleted the $500 per property cap in 2002.

As a result of questions that arose during the annual budget process pertaining to the City’s financial contribution to the district’s budget, the City learned of the existence of the 2015 legislation, and the error relating to the $500 per property cap which had been eliminated in 2002. As a result, the City modified the millage adopted for Fiscal Year 2021, to comply with Ordinance No. 2015-3928.

The intent of the proposed amendment is to correct the 2015 error and eliminate the per property cap, consistent with the 2002 Ordinance, which eliminated the cap.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Office of the City Attorney
Sponsor
Sponsored by Commissioner Richardson