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Home My WebLink AboutO-2006-017 CRA Trust Fund ORDINANCE NO. 2006-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach adopted Resolution No. 2001-115, containing findings of necessity, approving a slum and blight study, and requesting that Broward County delegate the exercise of all powers and responsibilities conferred to the County by Section 163.410, Florida Statutes, to the City for the purposes of establishing a Community Redevelopment Agency and the preparation of a Community Redevelopment Plan; and WHEREAS, Broward County adopted Resolution No. 2002-275, delegating to the City Commission of the City of Dania Beach the authority to adopt a resolution declaring the need for a community redevelopment agency within the City, to create a community redevelopment agency, to appoint its board, to adopt procedures, and to prepare a community redevelopment plan; and • WHEREAS, by Ordinance No. 2002-032 adopted by the City of Dania Beach, the City Commission of the City of Dania Beach, Florida, created the Dania Beach Community Redevelopment Agency ("CRA") for the Community Redevelopment Area, and constituted its Executive Board as the City Commissioners of the City of Dania Beach; and WHEREAS, on September 24, 2002, pursuant to Resolution No. 2002-163, the City Commission of the City of Dania Beach approved a Community Redevelopment Plan for the City of Dania Beach Community Redevelopment Area; and WHEREAS, on April 20, 2004 Broward County, the City of Dania Beach and the Dania Beach CRA, entered into an Interlocal Cooperation Agreement, as amended by the First Amendment to Dania Beach Interlocal Agreement dated February 21, 2006, ("Interlocal Agreement"), as same may be modified or supplemented in writing in the future, which provided, amongst other things, for the method of County investment in any redevelopment • activities proposed by the City and/or the CRA; and WHEREAS, a redevelopment trust fund shall be established for each community development agency created under Section 163.356, Florida Statutes; and WHEREAS, the City Commission finds and declares.that it is appropriate to establish and fund a Redevelopment Trust Fund for the duration of the City of Dania Beach Community Redevelopment Agency Area Plan, and further finds and declares that the same is required pursuant to the terms of the Interlocal Agreement; and WHEREAS, pursuant to law, ten (10) days' notice has been given in a newspaper of general circulation in the City notifying the public of this proposed ordinance and of a public hearing to consider this proposed ordinance; and 2 ORDINANCE#2006-017 WHEREAS, a public hearing before the City Commission was held pursuant to the • published notice described above at which hearing the parties in interest and all other citizens so desiring had an opportunity to be, and were in fact, heard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing WHEREAS clauses are ratified and confirmed and made a specific part of this Ordinance. Section 2. That the City Commission of the City of Dania Beach authorizes the establishment of a Redevelopment Trust Fund for the Dania Beach CRA in accordance with the provisions contained in Florida Statutes, Section 163.387 and the Interlocal Agreement. Section 3. That all funds allocated to and deposited into this Redevelopment Trust Fund shall be used by the Dania Beach CRA to finance or refinance any Dania Beach CRA • Community Redevelopment pursuant to the Dania Beach CRA Community Redevelopment Plan, the Interlocal Agreement and as permitted by law. All amounts payable by Broward County pursuant to the Interlocal Agreement shall be deposited into the Redevelopment Trust Fund. The City Commission or the Dania Beach CRA Board of Directors may, in their respective discretion, authorize the deposit of such other legally available or awarded funds into the Redevelopment Trust Fund as may be approved by motion or resolution on or after the effective date of this Ordinance. Section 4. That the Redevelopment Trust Fund, in accordance with Florida Statutes, Section 163.387, shall exist for the duration of the Community Redevelopment Plan. Section 5. That the Dania Beach CRA Board of Directors shall be the trustee of the Trust Fund and shall be responsible for the receipt, custody, disbursement, accountability, 3 ORDINANCE 92006-017 • management, investments, and proper application of all monies paid into the Redevelopment Trust Fund. The Dania Beach CRA Board of Directors delegates the routine program and fiscal management and operation of the CRA to the City Manager or designee. The City Manager or designee, in accordance with the annual appropriations by the CRA Board of Directors, shall hold all monies in the Redevelopment Trust Fund. Section 6. That 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 7. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 8. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on May 9, 2006. PASSED and ADOPTED on second reading on May 23, 2006. PATRICIA FLUWY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM ND CORRECTNESS: By: _ 1 THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE#2006-017 s NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA,REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on May 23, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2006-018 tAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE XIII OF CHAPTER 8,`BUILDINGS"OF THE CITY CODE OF ORDINANCES TO REQUIRE THAT GASOLINE STATIONS LOCATED WITHIN THE CITY OF DANIA BEACH SHALL PROVIDE ADEQUATE ALTERNATIVE ENERGY SOURCES TO ENSURE THAT MOTOR VEHICLE FUELS CAN BE DISPENSED IF ELECTRICAL SERVICE IS INTERRUPTED DUE TO ELECTRICAL SERVICE INTERRUPTION CAUSED BY A STATE OF EMERGENCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard,Dania Beach, Florida,and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose 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. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,(954)924-3622 at least 48 hours prior to the meeting. /s/Louise Stilson City Clerk • Run in Sun Sentinel: May 12,2006