HomeMy WebLinkAboutR-2004-068 CRA ILA City Commission RESOLUTION NO. 2004-068
o A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN
BROWARD COUNTY, THE CITY OF DANIA BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR
RESPONSIBILITIES WITH RESPECT TO THE IMPLEMENTATION OF THE
REDEVELOPMENT CAPITAL PROGRAM FOR THE CITY OF DANIA
BEACH REDEVELOPMENT AREA; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the City of Dania Beach hereby approves the Interlocal
Agreement to be entered into between Broward County, the City of Dania Beach and the
Dania Beach Community Redevelopment Agency, providing for the implementation of the
Redevelopment Capital Program for the Community Redevelopment Area, copies of which
agreement and associated documents are attached and marked as Exhibit "A", and the
proper city officials are authorized to execute the Interlocal Agreement.
Section 2. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on April 13, 2004.
C.K. MCELY
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY - YES
COMMISSIONER ANTON —YES
LOUISE STILSON VICE-MAYOR MIKES - YES
CITY CLERK MAYOR MCELYEA - ABSENT
APPROVED AS TO F RM ND CORRECTNESS:
�_.
BY:
THO AS AN BRO
CITY ATTORNEY
1 RESOLUTION NO. 2004-068
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FLORIDA
e�p
April 15, 2004
Ms. Cindy Chambers
Broward County Planning Department
Government Center
115 S. Andrews Avenue, Room 329K
Fort Lauderdale, FL 33301
RE: INTERLOCAL AGREEMENTS BETWEEN BROWARD COUNTY, THE
CITY OF DANIA BEACH AND THE COMMUNITY REDEVELOPMENT
AGENCY.
Dear Ms. Chambers:
• On April 13, 2004, the Dania Beach City Commission adopted Resolutions
No. CRA 2004-065 and 2004-068 approving the above agreements.
A certified copy of each resolution as well as three (3) originals of each
agreement duly executed by the CRA Board and our City officials, are enclosed
for your records.
Thank you for your assistance in this matter. If you have any questions,
please contact Laurence Leeds, Community Development Director, at 954-924-
3640.
Sincerely,
Louise Stilson
City Clerk
Enclosures
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dariia-beach.fl.us
INTERLOCAL COOPERATION AGREEMENT
r. THIS INTERLOCAL AGREEMENT (the "Agreement"), made this c day of
2004, by and between the following:
Broward County, Florida
a political subdivision of the State of Florida
(the "County"),
and
City of Dania Beach, Florida, a municipal
corporation under the laws of the State of
Florida (the "City")
and
the Dania Beach Community Redevelopment
Agency, or its successor, a public body
corporate and politic (the "CRA").
WHEREAS, the Board of County Commissioners of Broward County, Florida (the
• "Board"), adopted Resolution No. 2002-275 on March 19, 2002,which, among otherthings,
acknowledged that a slum or blighted area exists in a geographic area (the
"Redevelopment Area"), as described by the City of Dania Beach in its Finding of
Necessity for Redevelopment, the criteria of which presented by the City, in the aggregate,
demonstrated that it is necessary and appropriate to redevelop such Redevelopment Area
in accordance with the provisions of Part III of Chapter 163, Florida Statutes (the "Act"), as
amended; and
WHEREAS, pursuant to the Resolution of the County, the Board delegated to the
City Commission of the City of Dania Beach, Florida (the "City Commission") the authority
to exercise the redevelopment powers conferred upon the Board within the Redevelopment
Area in accordance with the Act, to enable the City Commission to declare the need for,
•
create and delegate powerto a community redevelopment agency ("CRA") and toprepare
• and adopt a plan of redevelopment for final approval by the Board; and
WHEREAS, the City Commission accepted a delegation of powers from the Board,
found a need for, and created the CRA, granted the CRA the power to exercise those
powers permitted by the Act which were delegated by the Board to the City and directed
the preparation and adoption of a community redevelopment plan (the "Plan"); and
WHEREAS, the County desires to delegate to the City Commission the remaining
powers necessary to implement the proposed Plan to be submitted pursuant to the Act,
except those powers specifically retained by the County; and
WHEREAS, contemporaneously with this Agreement, the County has adopted
Resolution No. (attached hereto and made a part hereof), which Resolution approves
the City's Plan and delegates to the City Commission the remaining powers necessary to
• implement the Plan, except those powers specifically retained by the County pursuant to
the Act (a boundary change; an extension to the term of the Plan involving the continuing
contribution by the taxing authorities beyond plan adoption; and a change to the adopted
plan of such magnitude as would require a county or municipal land use plan amendment);
and
WHEREAS, on February 10, 2004, the County adopted Resolution No. 2004-76,
which creates a funding program known as the Redevelopment Capital Program for
funding of redevelopment initiatives in Broward County; and
WHEREAS, County, the City and CRA have agreed that the County method of
investment in any redevelopment activities proposed by the City and/or the CRA shall be
predicated upon other investment strategies in lieu of County tax increment financing; and
• 2
WHEREAS, on March 19, 2002, the County adopted Resolution No. 2002-275
• pursuant to which the County, the City and the CRA were required to enter into an
agreement of understanding to wit: Interlocal Cooperation Agreement(the"Agreement")to
delineate their areas of responsibility with respect to the redevelopment of the
Redevelopment Area and the proposed CRA's obligations and responsibilities to each
taxing authority; and
WHEREAS, there shall be established for the CRA created under the Act, a
redevelopment trust fund (the "Fund"); and
WHEREAS, the boundaries identified for the Redevelopment Area are within the
corporate limits of the City.
WITNESSETH, that for and in consideration of the mutual covenants and
agreements contained herein, the County, the City and the CRA agree as follows:
1.0 IMPLEMENTATION OF THE REDEVELOPMENT CAPITAL PROGRAM
1.1 The City and the CRA hereby agree to comply with all the terms,
requirements and conditions of Broward County Resolution No. 2004-76,
which creates the funding program known as the Redevelopment Capital
Program.
1.2 The City, the CRA and the County hereby agree that any redevelopment
activities proposed by the City and/or the CRA, during the term of this
Agreement and any amendments thereto, pursuant to an adopted
Community Redevelopment Plan approved by the Board, shall be
implemented pursuant to the requirements of the Redevelopment Capital
Program.
3
1.3 The City, the CRA and the County hereby agree that funding for any
redevelopment activities proposed by the City and/or the CRA, during the
term of this agreement and any amendments thereto, pursuant to an
adopted Community Redevelopment Plan approved by the Board, shall be
funded through annual non ad valorem appropriations pursuant to the
requirements of the Redevelopment Capital Program.
1.4 The City, either directly or through the CRA, will establish and maintain a
Redevelopment Trust Fund, as required by applicable law.
1.5 The annual funding of the Redevelopment Trust Fund shall not include any
contribution from the County, until such time as the terms and conditions of
said contribution are described specifically by and between the City, the CRA
and the County, and negotiated and memorialized in an amendment to this
• Agreement specific to proposed community redevelopment project(s).
1.6 The County shall consider investing in eligible activities/projects, upon
submittal of an application by the City and/or the CRA, or the County, based
upon the extent to which the activity/project achieves a variety of criteria that
includes the following: provides for a net increase to the tax base;
furtherance of one or more of County Challenge Goals in effect at the time of
an amendment(s)to this Agreement, as appropriate; has been demonstrated
to be financially feasible in a market study; includes a financial contribution
from non-County sources; and removes slum and blight conditions.
is 4
1.7 The County method of investment in any redevelopment activities proposed
by the City and/or the CRA shall be predicated upon other investment
strategies in lieu of County tax increment financing.
1.8 The County shall determine the total County investment amount for each
project, taking into consideration the amount of funds available through the
Redevelopment Capital Program consistent with Resolution No. 2004-76.
1.9 During the term of this Agreement or any amended term of this Agreement,
the City and the CRA shall provide the County an annual audit and annual
report as required by Sec. 163.387(8) and 163.356(3), Fla. Statutes. The
City and the CRA shall include a comparison of Plan goals, objectives, and
policies to annual program accomplishments and an analysis comparing
current tax base to the base year, in addition to the statutorily required
financial statements.
1.10 During the term of this Agreement or any amended term of this Agreement,
the City and the CRA shall provide the County on an annual basis, as
required by Sec. 163.356(3)(c), Fla. Statutes, to effectively demonstrate
accountability for the resources, an activity report. The activity report in a
format approved by the County, must include both expenditures for the
current fiscal year and cumulative financial information for each individual
project or activity undertaken pursuant to the community redevelopment
plan. Specific details of the reporting shall be part of the terms and
conditions of any amendment to this Agreement.
2.0 TERM OF CRA
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2.1 The term of the CRA for purposes of completing all community
• redevelopment projects shall be no later than 40 years after the fiscal year in
which the Community Redevelopment Plan is approved. The City reserves
the right to reduce the term of the CRA to a shorter period after the term of
this Agreement or any extensions to the Agreement have expired. The City
will notify the County of same pursuant to Paragraph 4.5 of this agreement.
2.2 During the term of the CRA, the County method of investment in any
redevelopment activities proposed by the CRA and/or the City shall be
subject to the terms and conditions of the within Agreement and any
amendments thereto.
3.0 TERM OF AGREEMENT
The term of this Agreement will be five (5) years from the Effective Date herein.
. The basis for any amendment(s) and extension(s) to the term of this Agreement
shall be the submission(s) by the City and the CRA to the County of a proposed
community redevelopment project(s) within the term of this Agreement and the
successful negotiations by and between the City, the CRA and the County
pertaining to same.
3.1 Any amended term will commence upon the time of approval by the County
of the proposed community redevelopment project(s) and execution of an
amended Agreement by and between the City, the CRA and the County
reflecting same. The City, the CRA and County agree that any and all
amendments to this Agreement will include an implementation schedule and
critical timeline for all proposed community redevelopment project(s).
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3.2 This Agreement is non-terminable and non-cancelable during its term
® and any amendments thereto, except as provided in Section 4.7 herein.
3.3 The Parties covenant and agree that this Agreement provides a unique
opportunity for the County, the City and the CRA to engage in a long-term
relationship to promote the health, safety and welfare of the citizens and
residents of Broward County and to provide a mechanism of financing and
project development which requires solemnity and continuation. In that
regard,the Parties further covenant and agree that this Agreement shall not
be terminable or cancelable during its term unless and until a court of
competent jurisdiction determines, as a matter of law,that this Agreement is
not enforceable or valid.
4.0 MISCELLANEOUS
® 4.1 Joint Preparation: The preparation of this Agreement has been a joint effort
of the Parties hereto and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the
Parties than the other.
4.2 Merger: This Agreement incorporates and includes all prior negotiations,
correspondence, agreements or understandings applicable to the matter
contained herein; and the Parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, the Parties
agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or written. It is fu rther
7
agreed that no change, amendment, alteration or modification in the terms
® and conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity
herewith by all Parties to this Agreement.
4.3 Assignment: The respective obligations of the Parties set forth in this
Agreement shall not be assigned, in whole or in part, without the written
consent of the other party.
4.4 Recordation/Filing: The County Administrator as the Ex-Officio Clerk of the
Broward County Board of County Commissioners is hereby authorized and
directed after approval of the Agreement by the governing body of the City
and the County and the execution thereof by the duly qualified and
authorized officers of each of the Parties hereto to file this Agreement with
the Clerk of Broward County, Florida, as required by Section 163.01(11),
Florida Statutes.
4.5 Notices: Whenever either party desires to give notice to the other, such
notice must be in writing and sent by United States mail, return receipt
requested, courier evidenced by a delivery receipt, facsimile evidenced by a
delivery receipt, or by an overnight express delivery service evidenced by a
delivery receipt, addressed to the party for whom it is intended at the place
last specified; and the place for giving of notice shall remain such until it shall
have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the Parties designate the following as the
respective places for giving of notice. Notice shall be effective upon delivery
as evidenced by a delivery receipt.
FOR COUNTY: County Administrator
Broward County Governmental Center
115 S. Andrews Avenue
Fort Lauderdale, Florida 33301
With a copy to: Broward County Attorney's Office
Suite 423, Governmental Center
115 South Andrews Avenue
Ft. Lauderdale, Florida 33301
FOR CITY: Ivan Pato
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
With a copy to: City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
FOR CRA: City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
9
4.6 Governing Law and Venue: This Agreement shall be governed, construed
® and controlled according to the laws of the State of Florida without regard to
its conflict of laws provision. Any claim, objection or dispute arising outof the
terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit
in and for Broward County, Florida.
4.7 Severability: In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue
to be effective unless the City and/or the CRA or the County elect to
terminate this Agreement. An election to terminate this Agreement based
upon this provision shall be made within seven (7) calendar days after the
court's determination becomes final. For the purposes of this section,"final"
shall mean the expiration of time within which to file an appeal or the
conclusion of any appellate proceeding and the granting of an order. In such
event, the Parties agree to cooperate fully with the other to effectuate a
smooth transition of services.
4.8 Amendments: Except as expressly authorized in this Agreement, no
modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by the
Parties.
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4.9 Third Party Beneficiaries: Neither City, County nor CRA intend that any
person shall have cause of action against either of them as a third party
beneficiary under this Agreement. Therefore, the Parties agree that there
are no third party beneficiaries to this Agreement and that no third party shall
be entitled to assert a claim against either of them based upon this
Agreement. The Parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this
Agreement.
4.10 Nondiscrimination: The decision of the Parties hereto regarding the delivery
of services under this Agreement shall be made without regard to or
consideration of race, age, religion, color, gender, sexual orientation
(Broward County Code, Chapter 16'h), national origin, marital status,
® physical or mental disability, political affiliation, or any other factor which
cannot be lawfully used as a basis for service delivery.
4.11 Gender: Whenever any words are use in this Agreement in the masculine
gender, they shall be construed as though they were also used in the
feminine or neuter gender in all situations where they would so apply, and
whenever any words are used in this Agreement in the singular form, they
shall be construed as though they were also used in the plural form in all
situations where they would so apply.
4.12 The Parties shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16%) in performing any services pursuant to this Agreement.
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® 4.13 The Parties agree that an extraordinary majority vote of the Dania City
Commission and the CRA, as applicable, shall be required in order to
institute any eminent domain proceedings or to acquire any property
exceeding the appraised value within the Community Redevelopment area.
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IN WITNESS WHEREOF, the Parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTYthrough
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-
Mayor, authorized to execute same by Board action on thea6'day of Cp,,Y , 2004;
and the CITY OF DANIA BEACH, signing by and through its , duly
authorized to execute same and the DANIA BEACH COMMUNITY EDEVELORMENT
AGENCY, signing by and through its Chair, duly authorized to execute same.
COUNTY
ATTES BROWARD COUNTY, through its
BOARD:,OF COUNTY COMMISSIONERS
Co ty Administ ato a d By
Ex-Officio Clerk of the Mayor
Board of County Commissioners
of Broward County, Florida
a�day of , 206 V
Fe�,�roea�atinq��fi
Approved as to form by
Office of County Attorney
14
Broward County, Florida
` a Governmental Center, Suite 423
® : a 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Carl L. Kitchner
Assistant County Attorney
�r. day of , .414 200`—[
®: 12
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH
AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY
® CITY OF DANIA BEACH
ATTEST: DANIA BEACH, through its
City Clerk Mayor-Com issioner
day of /- ; �-r-�/ , 20C<:
Approved as to form:
By
City Attorney
ZA
7 "day of
14
INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, CITY OF DANIA BEACH
AND DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY
® COMMUNITY REDEVELOPMENT AGENCY
WITNESSES: DANIA BEACH COMMUNITY REDEVELOPMENT
AGENCY
By
Chairperson — Charle�ea
day of C--t- , 2004
Approved as to form:
1 r
By
Thomas J. Ansbro
Community Redevelopment Agency Attorney
�j — day of_ 2004
�� 15
AGENDA REQUEST FORM
CITY OF DANIA BEACH
i
AGENDA ITEM NO.
I. DATE OF COMMISSION MEETING: APRIL 13, 2004
2. DESCRIPTION OF AGENDA ITEM: CONSENT—APPROVAL OF INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY, CITY OF DANIA BEACH AND THE COMMUNITY
REDEVELOPMENT AGENCY
3. ACTION BEING REQUESTED: APPROVAL OF THE RESOLUTION AND INTERLOCAL
AGREEMENT ATTACHED AS EXHIBIT 'A' BY CITY COMMISSION
4. SUMMARY EXPLANATION &BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Interlocal Agreement
Staff report
6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Staff
Submitted by:
Laurence G. Leeds,AICP, Director Date April 1, 2004
Community Development Department
City Manager Date
i
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: April 13, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Community Development Department
SUBJECT: Community Redevelopment Agency Interlocal
Agreement (City Commission Approval)
The attached CRA interlocal agreement must be approved by the City
Commission, the City CRA Board, and the Broward County Commission
to grant the City CRA related powers pursuant to Florida Statues.
The interlocal was prepared by the County Attorney's office and
reviewed and edited by the City Attorney. The only unresolved issue is
underlined language (suggested by the County Attorney) in Paragraph
2.1 on Page 6. Staff has requested the City Attorney to review this
language prior to the April 13, 2004 meeting.
The interlocal agreement should be approved by the CRA (at 6:45 pm)
and the City Commission (at 7:00 pm or later). Once approved by the
City Commission and the CRA, it will be scheduled for County
Commission approval, most likely on April 20 or April 27, 2004.
RECOMMENDATION
Approval, subject to City Attorney approval of the underlined language.
•
y
4.
}
OFFICE OF URBAN PLANNING AND REDEVELOPMENT—Planning Services Division
115 South Andrews Avenue, Room 329K-Fort Lauderdale,Florida 33301 -954-357-6612- FAX 954-357-8655
April 22, 2004
Mr. Ivan Palo, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Dear Mr. Pato:
Subject: Interlocal Agreement Regarding City of Dania Beach Community Redevelopment Agency
Enclosed are three signed originals of the Interlocal Agreement with Broward County,the City of Dania Beach, and
the Dania Beach Community Redevelopment Agency. Attached to each original is a copy of County Resolution
2004-423,which approves the Community Redevelopment Plan and is referred to in the Interlocal Agreement.
Thank you for your cooperation. I look forward to working with you in the future.
Sincerely,
Catherine C. Randazzo, Planner-Economist
Enclosures(3)
cc: Pamela Madison,Assistant to the County Administrator
Cynthia S. Chambers, Director, Office of Urban Planning and Redevelopment
Carl Kitchner, Assistant County Attorney
Broward County Board of County Commissioners
Josephus Eggelletion,Jr •Ben Graber•Sue Gunzburger•Kristin D.Jacobs Ilene Lieberman-Lori Nance Parrish•John E Rodstrom,Jr •Jim Scott•Diana Wasserman-Rubin
www.broward.org/psd
1 '
Resolution 2004-423 Exhibit 1
2
3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
4 BROWARD COUNTY, FLORIDA, APPROVING THE CITY OF DANIA
BEACH COMMUNITY REDEVELOPMENT PLAN AND DELEGATING TO
5 AND CONFERRING UPON THE CITY OF DANIA BEACH, FLORIDA,
CERTAIN POWERS TO IMPLEMENT A COMMUNITY
6 REDEVELOPMENT PLAN PURSUANT TO CHAPTER 163, PART III,
FLORIDA STATUTES, THE COMMUNITY REDEVELOPMENT ACT OF
1969, AS AMENDED, CONFIRMING THAT THE CITY OF DANIA
7 BEACH, THE DANIA BEACH COMMUNITY REDEVELOPMENT
8 AGENCY AND BROWARD. COUNTY HAVE CONTEMPORANEOUSLY
ENTERED INTO AN INTERLOCAL AGREEMENT TO ENSURE CITY,
9 COMMUNITY REDEVELOPMENT AGENCY AND BROWARD COUNTY
PARTNERSHIP FOR REDEVELOPMENT; CONFIRMING *THAT
10 REDEVELOPMENT FUNDING FOR REDEVELOPMENT ACTIVITY
PURSUANT TO DANIA BEACH'S COMMUNITY REDEVELOPMENT
PLAN SHALL BE PURSUANT TO COUNTY'S REDEVELOPMENT
CAPITAL PROGRAM; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
13 -
14 WHEREAS, the City of Dania Beach, Florida ("City"), is desirous of utilizing the
community redevelopment powers specified in Part III, Chapter 163, Florida Statutes,
15
16 the Community Redevelopment Act of 1969, as amended; and
17 WHEREAS, pursuant to section 163.410, Florida Statutes, the City has officially
18 requested the Board of County Commissioners of Broward County, Florida ("County"),
19 to delegate and confer upon the City Commission of Dania Beach, Florida, the authority
20 to create a Community Redevelopment Agency pursuant to the Community
21 Redevelopment Act of 1969, as amended, for the rehabilitation, conservation, or
22 redevelopment of a certain blighted area within the municipal jurisdiction of said City;
and
23
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1 WHEREAS, on March 19, 2002, the County having reviewed the finding of Slum
2 and Blight by the City and finding that in the aggregate, it met the County and State
3 criteria for the County to delegate the authority to the City to create a Community
4 Redevelopment Agency and to prepare a Community Redevelopment Plan, the County
5 adopted Resolution 2002-275 and delegated such authority to the City; and
6 WHEREAS, the City has prepared the Plan and the County has reviewed the
7 Plan finding it to be consistent with Chapter 163, Part III, Florida Statutes, the
8 Community Redevelopment Act of 1969, as amended; and
9 WHEREAS, the Board of County Commissioners of Broward County desires to
10 delegate to the City Commission of the City of Dania Beach, Florida, the remaining
powers necessary to implement the Plan pursuant to Chapter 163, Part III, Florida
0 Statutes, the Community Redevelopment Act of 1969, as amended, except those
13 powers specifically retained by the County as set forth in this Resolution; and
14 WHEREAS, pursuant to said Resolution, the City and County were required to
15 enter into and negotiate an agreement of understanding, to wit: an Interlocal
16 Cooperation Agreement to delineate their areas of responsibility and to ensure City,
17 Community Redevelopment Agency and County partnership, in the redevelopment of
18 the defined Dania Beach redevelopment area, in furtherance of the Plan; and
19 WHEREAS, on February 10, 2004, the County adopted Resolution No. 2004-76
20 hereby creating a funding program known as the Redevelopment Capital Program for
21 County participation in redevelopment activities within municipalities and the
22 unincorporated areas of Broward County predicated on annual non ad valorem
23 appropriations; and
n -
2
•
1 WHEREAS, in furtherance of Resolution No. 2004-76, the City and the CRA
2 have agreed that County financial participation in any redevelopment activities proposed
3 by the City and/or the CRA shall be predicated on annual non ad valorem
4 appropriations with specific terms and conditions of the contribution to be memorialized
5 in the Interlocal Agreement and any amendments thereto, by and between the City,the
6 CRA and the County; NOW THEREFORE,
7 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
8 BROWARD COUNTY, FLORIDA:
9 Section 1. The County has reviewed the Plan and 'finds that the Plan is
10 consistent with Chapter 163, Part III, Florida Statutes, the Community Redevelopment
1 Act of 1969, as amended, and hereby approves the Plan.
02 Section 2. . The County delegates all powers designated by Chapter 163.330,
13 et seq., Florida Statutes, the Community Redevelopment Act of 1969, as amended, to
14 the City with the exception of the following powers which shall be retained unto the
15 County.
16 2.1 A boundary change.
17 2.2 An extension to the term of the Plan involving the continuing contribution
18 by the taxing authorities beyond the original plan adoption, as may have
19 been amended.
20 2.3 A change to the Plan of such magnitude as would require a county or
21 municipal land use plan amendment.
22 Section 3. The City, the CRA and the County contemporaneously herewith
23 have entered into and negotiated the terms of the Interlocal Cooperation Agreement to
ensure City, Community Redevelopment Agency and County partnership in the
• 3
1 redevelopment of the defined Dania Beach redevelopment area, in furtherance of the
2 Plan.
3 Section 4. The County method of investment and funding for any community
4 redevelopment projects proposed by the City and/or the CRA shall be predicated upon
5 annual non ad valorem appropriations pursuant to the requirements of the
6 Redevelopment Capital Program, in lieu of County tax increment financing.
7 4.1 The City, the CRA and the County hereby agree that the annual'funding of
8 the Redevelopment Trust Fund for redevelopment activities shall not
9 include any contribution of funds from the County until such time as the
10 terms and conditions of the contribution are specifically met by and
between the City, the CRA and the County and memorialized in an
�2 amendment to the Interlocal Cooperation Agreement.
13 4.2 The City, the CRA and the County agree subject to the specific'terms and
14 conditions contained in the Intelocal Agreement, as amended from time to
15 time, by and between the City, the CRA and the County, that County
16 investment monies will only be used for eligible community redevelopment
17 activities and/or projects consistent with the Redevelopment Capital
18 Program and consistent with the adopted Plan.
19 Section 5. SEVERABILITY.
20 If any section, sentence, clause or phrase of this Resolution is held to be invalid
21 or unconstitutional by any court of competent jurisdiction, then said holding shall in no
22 way affect the validity of the remaining portions of this Resolution.
23 Section 6. That this Resolution shall take effect immediately upon its adoption.
ADOPTED this av" day of (�,p , 2004. ,)�- 4�&
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