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HomeMy WebLinkAboutO-2002-032 ORDINANCE NO. 2002-032 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA DECLARING THE DANIA BEACH CITY COMMISSION TO BE THE "DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE BOARD"; DEFINING GENERALLY THE PURPOSES AND DUTIES OF SUCH BOARD; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach commissioned a "Finding of Necessity for Redevelopment Study" ("Study"), a copy of which is attached to and made a part of this ORDINANCE as Exhibit "A," to determine whether any portions of the City of Dania Beach display sufficient indications of blight, as required by the statutes, to warrant designation of the area as a "community redevelopment area"; and WHEREAS, said Study was prepared consistent with the requirements of Chapter 163, Part III, Florida Statutes and approved by the Dania Beach City Commission on June 26, 2001 by the adoption of Resolution No. 2001-115, and WHEREAS, said Study was approved by the Broward County Board of County Commissioners on March 19, 2002 via Resolution No. 2002-275, a copy of which is attached to and made a part of this ORDINANCE as Exhibit "B"; and WHEREAS, County Resolution No. 2002-275 delegates a number of responsibilities under the Community Redevelopment Act of 1969 to the City of Dania Beach, including the authority to declare the City Commission to be the "Community Redevelopment Agency;" and WHEREAS, the City Commission wishes to comply with the County delegation of authority and designate itself as the "Community Redevelopment Agency" for the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission is hereby declared to be the Dania Beach Community Redevelopment Agency Executive Board. Section 2. That said board shall have five (5) members who shall be City Commissioners of the City of Dania Beach. Section 3. That all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict. Section 4. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on first reading this 11th day of June, 2002. 1 ORDINANCE NO. 2002-032 PASSED and ADOPTED on seconTROT 5tadayoff 2002. MMISSIONER ATT ST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JO N N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FO A CORRECTNESS: BY: THWAS I)ANSBIRd CITY AT ffORNEY 2 ORDINANCE NO. 2002-032 RESOLUTION NO. 2001-115 A RESOLUTION OF THE CITY OF DANIA BEACH FLORID A, PERTAINING TO A PROPOSED COMMUNITY REDEVELOPMENT AREA, SUCH RESOLUTION BEING PROMULGATED PURSUANT TO §163.355, FLORIDA STATUTES, AND SECTION 18.86, BROWARD COUNTY ADMINISTRATIVE CODE; APPROVING A SLUM AND BLIGHT STUDY; DEFINING THE REDEVELOPMENT AREA; DETERMINING THAT THE REDEVELOPMENT AREA SUFFERS FROM ONE OR MORE INDICATORS OF BLIGHT; DETERMINING THAT THE REDEVELOPMENT AREA IS APPROPRIATE AND CRITICALLY NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY; MAKING CERTAIN OTHER REQUIRED FINDINGS AND DETERMINATIONS AND PROVIDING EFFECTIVE DATE. WHEREAS. blight constitutes a serious menace injurious to the public health, safety, morals and welfare of the City, imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairing or arresting sound growth, aggravating traffic problems and substantially hampering the elimination of traffic hazards and the improvement of traffic facilities, and increasing the costs of providing public services to blighted areas; and WHEREAS. Chapter 163, Part III, Florida Statutes, requires the following findings to be made in order to designate a portion of the City as a "community redevelopment area (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and, (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. and WHEREAS; the City Commission of the City of Dania Beach commissioned a "Finding of Necessity for Redevelopment Study" ("Study"), a copy of which is attached to and made a part of this Resolution as Exhibit "A," to determine whether any portions of the City of Dania Beach display sufficient indications of blight, as required by the statutes; to warrant designation of the area as a "community redevelopment area"; and EXHIBIT "Avg 5 RESCLUTICNS CJO-_001.R-CRA finC^, ->5sny res0V2.doCB/21/01 4 15 PM RESOLUTION NO.2001-115 WHEREAS, while the City has determined that the area identified in Figure 2 of the Study ("Proposed CRA") demonstrates conditions of blight, the area can be conserved and rehabilitated through appropriate public action as authorized under the • Florida statutes and Broward County Administrative Code, which will preserve and enhance the tax base for the benefit of all taxing authorities; and WHEREAS, Broward County is a charter county and is authorized under Florida law to delegate such powers provided in Part III of Section 163 to the governing bodies of municipalities within the County; and WHEREAS. Section 18.86 of Broward County's Administrative Code provides additional procedures and requirements for creating community redevelopment agencies within the County; and WHEREAS. the Study shall constitute the "Slum and Blight study" required by Broward County; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, as follows: Section 1. Recitals. The recitals contained in the preamble to this Resolution are incorporated by reference into it. Section 2. Findings. The City Commission finds: (a) Based upon the facts and evidence presented to and considered by the City Commission, the following conditions exist in the Proposed CRA: 1. Conditions are present in the Proposed CRA that are detrimental to the sound grcvAh of the City and substantially impair or arrest the growth of the City and present conditions and uses in the Proposed CRA that are detrimental to the public health, safety, morals and public welfare.- 2. There is a predominance of defective or inadequate street layout; 3. Lot layouts in the Proposed CRA are faulty in relation to their size. adequacy, accessibility, or usefulness: 4. There are examples of unsanitary and unsafe conditions, 5. There are examples of deterioration of site and other improvements; 6. There are inadequate and outdated building density patterns; CNS___..-2001'..R-CRA f., ^ang cr necesr✓roseV2. 1 t 75 PM 2 7. There are inadequate transportation and parking facilities; 8. There is a diversity of ownership and defective or unusual conditions of title are present that prevent the free alienability of land within the deteriorated or hazardous area. (b) The notices required by Section 163.346, Florida Statutes, have been timely published or mailed in accordance with that statute. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Proposed CRA. (d) The preservation or enhancement of the tax base from which a taxing authority realizes tax revenues is essential to its existence and financial health; that the preservation and enhancement of such tax base is implicit in the purposes for which a taxing authority is established; that tax increment financing is an effective method of achieving such preservation and enhancement in areas in which such tax base is declining; that community redevelopment in such areas, when complete, will enhance such tax base and provide increased tax revenues to all affected taxing authorities, increasing their ability to accomplish their other respective purposes; and that the preservation and enhancement of the tax base in such areas through tax increment financing and the levying, of taxes by such taxing authorities therefor and the appropriation of funds to a redevelopment trust fund bears a substantial relation to the purposes of such taxing authorities and is for their respective purposes and concerns. Section 3. Finding of Necessity. • The City Commission, based upon evidence p presented to it and in the public record, finds that a 'blighted area", as defined in the Florida Statutes, exists in the Proposed CRA Area since the Area is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout and does further find that the rehabilitation, conservation or development or a combination thereof, of such Area described is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Dania Beach, Florida, and that such area is appropriate for designation as a "community redevelopment area" as defined by Florida Statutes. Section 4. County Approval. The City requests that the Board of County Commissioners of Broward County delegate the exercise of all powers and responsibilities conferred upon Broward County by §163.410, Florida Statutes to the City of Dania Beach for the purpose of establishing a Community Redevelopment Agency and the preparation of a Redevelopment Plan to be submitted to the County for approval. G'RESOLUTIONS 2CCO-2001'R-CRA Lacing cf necess¢y resOV2.doc6121101 4 15 PM 3 Section 5. Severability. If any section or portion of a section of this• resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution. Section 6. Effective Date. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED ON 26T" DAY OF JUNE, 2001. PAT FLURY MAYOR-COMMISSIONER ATTEST. ROLL CALL. COMMISSIONER BERTINO-YES COMMISSIONER MIKES-YES COMMISSIONERMCELYEA,-NO CHARLENE JOHNSON VICE-MAYOR CHUNN-YES ACTING CITY CLERK MAYOR FLURY-YES APPROVED AS TO FORM AND CORRECTNESS. 14 THOMAS J. ANSBRO, CITY ATTORNEY G�R E S CNS2--: :O1�R-CRAfn ; _ -,^c� rese'v2. o__ 01415R^.1 4 CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission as follows: Date: June 26, 2001 Time: 7.00 p.m., or as soon thereafter as possible Where: The City Commission Chambers Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 A resolution by the City Commission of the City of Dania Beach, Florida, which considers adoption of a "Finding of Necessity" for the establishment of a Community Redevelopment Area as follows: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO A PROPOSED COMMUNITY REDEVELOPMENT AREA, SUCH RESOLUTION BEING PROMULGATED PURSUANT TO §163.355, FLORIDA STATUTES, AND SECTION 18.86. BROWARD COUNTY ADMINISTRATIVE CODE; APPROVING A SLUM AND BLIGHT STUDY: DEFINING THE REDEVELOPMENT AREA; DETERMINING THAT THE REDEVELOPMENT AREA SUFFERS FROM ONE OR MORE INDICATORS OF BLIGHT; DETERMINING THAT THE REDEVELOPMENT AREA IS APPROPRIATE AND CRITICALLY NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY; MAKING CERTAIN OTHER REQUIRED FINDINGS AND DETERMINATIONS AND PROVIDING EFFECTIVE DATE. The area covered by this Finding of Necessity for Redevelopment is generally described as that portion of the City of Dania Beach bound by the Dania Cut-Off Canal on the north, Sheridan Street on the South, NW 91h Avenue on the west and Gulfstream Road on the east. Further information may be obtained from the Planning and Growth Management Office located in City Hall or by phone at (954) 924-3645. Copies of the proposed petition are available for viewing in the Growth Management Deparment. 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director. 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or 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 based. Laurence Leeds, AICP Director, Growth Management Department See location map on back _ I �r—.w- i ara�- - - - I — — - - - - Imw . , HNC 71, j mind b ..i�_ I Car Hd — C - -- -- - _ - Proposed CRA Area ' -- Boundary — �— -=-- i r monk �i v — I _ ' _ .. —.... —.. _ _ - .— �✓ \� ��,: ......mow _ D AMA, 7J i CITY OF IDANIA BEACH DJ �" � IlIC:1!. Jill lla��r �n U FF TDING OF NECESSITY FOR REDEVELOPMENT 'Prepared by: A KAM01IG akoLv Palm Beach Gardens, Florida EDS -A Edward D. Stone,Jr. and Associates J Ft. Lauderdale, Florida �J �i May 8, 2001 - P.' ' G _, •-'r s` ` ?,-.C.,.,.'. I t10!'n-�`�"e 1 "' '��f.fit`"" •fir �is[.:•!� 1 �• J "{'' ��_=slu�7_�ll• i�t - �.^J' o...•���`,�.�.�.`ti.... f - _ ��':"4i ri IM ^ .L; f �� ✓ � :�� ..�':�? t1'Am .:• '. ;• -'�...�..� etc Lt �, t SSSiiilJl 11L+/,1a�9i��1 c' h �'i ZC..E4 �'. _ .+.t' l�^ is� �'� •-c'- ,`}'•'�_4.•sr.. i �3]�a��.,iia•4'f� ,�'.ir�+(- ti _ r'µ M1•. l:.•.`�;En�_< g.. 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' .'y �i _ 1 , ))..y�,.fj� � --x�,•_��J T:r w`i�-y'ti idly, ``..��• .Lev <a] �,I p - C,.`Sa�.f'_�.w�f d-l.� ��Y'1�• �._-yr-' p,I. .� ^••��� -� Qom, r� '•��"�~•, j Table of Contents E.ecutive Sumrnan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. CR Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . 4 A. State Requirements B. Broward County Requirements III. Methodology Proposed Community Redevelopment Area . . . . . . . A. Area Characteristics . . . . . . B. Land Use C. Community Facilities and Features 16 I D. Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 V. Need for Redevelopment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Deteriorating Structures . . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . 25 B. Deteriorating Property Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Junk Trash and Debris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Faulty Lot Layout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finding of Necesscty for Redevelopment City of Dania Beach Florida i 1 1 Table of Contents (continued) 4. Diversity of Ownership . . . C. Code Enforcement Vi 35 olations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . D. Zoning Deficiencies . . . . . . . . . . . . . . 37 E. Inadequate Transportation Facilities 38 1 Transportation Facilities Incapable of Handy inv Traffic Flows . 38 Faul and Inadequate Street Layout . . . . . . . . . . . . . . . . . . . . . .F. and Deficienci G. Crime Stat es . . . . . . . . . . . . . . 40 istics " , _ . . . . . . H. Tax Base Gro%tqh . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 1• Conclusions . . . . . . . . . . . . . . . . 45 Finding of'Vfd�v�"ecessih ent Cis 1�o�ffDaM=13,each, Florida ii I' �\ List of ]figures i Figure 1: Regional Location Map 1 Figure ?: Proposed CPA Boundar} . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 1 S f Figure 3: Future Land Use Map ' Figure 4: Zoning Map . . , , , . . Figure 5: Existing Land Use Map . . , � Figure 6: g Census Block Group Map . . . . 17 Figure 7: Deteriorating Site and Building Conditions Map Figure S: Deteriorating Site and Building Conditions . . . . . . . . . 24 Figure 9: District 2 - Part 1 Crimes . 42 i I Finding of Necessity for Redevelopment City of Dania Beach, Florida iii r r Executive Summary Ile The Cite of Dania Beach has delineated a redevelopment study area 1 sufficient deteriorated conditions exist in the area to warrant establishmentFigure of to determine if 1 RedeVelopment Agency CRA . C°unity ) The which has been selected based on purpose of a CRA is to bolster the economy in a qualified area � its need for redevelopment and its ability to meet both State and County criteria. There are three primary benefits of a CPA in Dania Beach: 1• Tax increment financing, which diverts future property tax revenues from Broward County and the City to a trust fund for redevelopment projects; 2• Increased eligibility for federal and state grants that can be used for infrastructure improvements, business development and property acquisition; J. A master planning approach and implementation strategy for the � ., e area. The City is pursuing the possible creation of a CRA to ensure that the old City do not experience further decline and to encourage reinvestment in these areas. areas of the The proposed CRA area is primarily located along US 1 from just north of the Dania Cut Off Canal to Sheridan St., and includes residential areas west and east of US 1, north of Dania Beach Blvd. (see • Figure 2). The gross acreage of this area is 506 acres including road rights-of-way and canals nd 345 acres without. The character of the area is mixed with 40% of the land used for commercial, 26% for residential, 10% for public/institutional uses, 4% for industrial, 1% for parks and less than 1'1/0for utilities. Approximately 19% of the land within the proposed CRA area is undeveloped. 0 This report finds that approximately 25% of the proposed CRA area is exhibiting deteriorated 0 conditions such as damaged structures and declining site conditions; 19% is affected by congested 4 roadways that fail to meet the adopted level of service standard; and 13% is affected by inadequate 0 potable water lines that need to be upgraded in order to support additional development. The taxable value of the proposed CRA area has grown at a significantly lower rate than either the City or Coun tax base since 1996. Incidence of crime is substantially higher than in the re ty remainder of Dania Beach. The redevelopment study area meets the criteria set forth by the State of Florida and Brow ard for the creation of a CRA. If the City adopts these findings, the next step of the process is to County Broward County for the establishment of the proposed CRA and approval to develop redevelopment master plan for the subject area. a • Finding of Necessity for Redei-elopment -- City of Dania Beach, Florida iv I. Introduction • The City of Dania Beach, located in south east Bro ward County, is Broward's oldest municipality, incorporated in 1904. Figure 1 provides a regional perspective, showfrig Brouard Count y and its municipalities. On the west the City is bordered by the Town of Davie. The City of Fort Lauderdale lies to the north and the City of Hollywood to the south and east. A portion of Dania Beach extends east across the Intracoastal Waterway to the Atlantic Ocean. The City is approximately 6.25 square miles (4,000 acres) in size. Recently annexed areas will officially become part of the Cq ! September 2001 and wiII increase the City's land area to 8.4 square miles. tY in � Several major roads transect the City,! ty, including Interstate 95, US Highway One (hereafter referred to as "US I"), Griffin Road, Stirling Road, and Sheridan Street. Two major transportation hubs, the Fort Lauderdale/Hollywood International Airport and Port Everglades, are located jus t north of the Cin% The FEC Railway crosses the City, ] running parallel to US l. The City of Dania Beach considered establishing � ng a Community Redevelopment Agency (CRA) for its downtown area in 1992 but this did not occur. To encourage redevelopment and growth in the downtown and its surrounding areas, the City is once� ! again examiningthe potential for a CR A. Theprpose of a CRA is to bolster the economy in a qualified area which has been selected based on its need for redevelopment and its ability to meet both State and County criteria. There are three primary benefits of a CPA. One is tax increment financing or TIF. To employ TIF, the latest year's taxable assessment is used as the base or starting point. From that year forward, for a period of up to 30 years, any increase in taxable property assessment (known as an increment) is collected and placed into a trust fund for the redevelopment area and then reinvested in that area according to an approved master plan. The increment comes from both municipal and county property tax revenues. In addition to TIF, the CRA increases the City's eligibility for a variety of state and federal grants. The grants available can be used for development of affordable housing, business development programs, small business loans and property acquisition. The end result is an increase of the money available for public investment in the specified area over what would have been available prior to the establishment of the CRA. Lastly, the redevelopment area benefits due to the application of a Finding of Necessity for Redevelopment — City of Dania Beach, Florida � 1 Q 4Lhi aEACN CCUt, Parkland1: TY _ & :r f. gene !► �: carat sue, j - _. wa Beach sea r 7 � daJe I Oalcfand Paris r tom=�1 ® E� lakes r.• �i 1 y!. ' Weston 4� t' ,t � __ �--•. Fart e . uj DMIU BEACH ® = � 1 j , t . ® MI;MI-OAOE _Ouvr. ®7 7 re.a I ® Regional E D S A Location Map - - r— -'coo.*Oedr �•••,.,,.�.•.•.�• 20a1 FV e 1 u master planning approach which creates a vision for the area and specifies an im program to accomplish that vision. plementation g 1 9 9 I i ® Finding of Necessity for Redevelo rnent P City of Dania Beach, Florida 3 • EXHIBIT 1 Resolution 2002-275 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, 3 DELEGATING TO AND CONFERRING UPON THE CITY OF DANIA BEACH, FLORIDA, CERTAIN POWERS TO CREATE 4 A COMMUNITY REDEVELOPMENT AGENCY AND TO PREPARE A COMMUNITY REDEVELOPMENT PLAN 5 PURSUANT TO CHAPTER 163, PART III, FLORIDA STATUTES, THE COMMUNITY REDEVELOPMENT ACT OF 6 1969, AS AMENDED,�AND'PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, the City of Dania Beach, Florida ("City"), is desirous of utilizing the 9 community redevelopment powers specified in Part III. Chapter 163, Florida Statutes, the 10 Community Redevelopment Act of 1969, as amended; and lij WHEREAS, pursuant to Section 163.410, Florida Statutes, the City has officially ep requested the Board of County Commissioners of Broward County, Florida ("County"), to 13 delegate and confer upon the City Commission of Dania Beach, Florida, the authority to 14 create a Community Redevelopment agency pursuant to the Community Redevelopment 15 Act of 1969, as amended for the rehabilitation, conservation, or redevelopment of a certain 16 blighted area within the municipal jurisdiction of said City; and 17 WHEREAS, the County has reviewed the findings of Slum and Blight by the City and 13 the County finds that in the aggregate, it meets the County and State criteria for the County 19 to delegate the authority to the City to create a Community Redevelopment Agency and to 20 prepare a Community Redevelopment Plan; and 21 WHEREAS, the City and the County strongly believe that the City's preemptive 22 intervention to reverse the deteriorating economic conditions will benefit both the City and 23 the County and accordingly desire to cooperate to find the means to accomplish the City's 24 EXHIBIT 11 11 LMJVVJ EXHIBIT A 1 redevelopment objectives through strategies that yield the most financially beneficial 2 position for the residents of the City and the County; and 3 WHEREAS, the Board of County Commissioners of Broward County desires to 4 delegate to the City Commission of the City of Dania Beach, Florida, only those powers 5 necessary to create the Community Redevelopment Agency and to prepare a Community 6 Redevelopment Plan pursuant to the Community Redevelopment Act o€1969, as amended; 7 NOW THEREFORE, 8 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS.OF BROWARD 9 COUNTY, FLORIDA: 10 Section 1. That the Board of County Commissioners of Broward County, Florida, 11 hereby delegates to the City Commission of the City of Dania Beach, Florida, only those 402 authorities as set forth below along with the attendant responsibilities as set forth in the 13 Community Redevelopment Act of 1969, as amended: 14 1.1 To make a finding that there is a need for a community redevelopment agency 15 ("agency") to function in the City. 16 1.2 To adopt a resolution declaring the need for an agency in the City. 17 1.3 To create an agency. is 1.4 To appoint a board of commissioners of the agency. 19 1.5 To designate a chair and vice chair from among the commissioners appointed 20 to the agency. 21 1.6 To employ an executive director, technical experts and such other agents and 22 employees it deems necessary for the agency. 23 1.7 To employ or retain legal counsel and staff. 24 2 W!J V V'! EXHIBIT A 1 1.8 To appropriate to the agency, from City funds, such amounts as the City 2 deems necessary for the administrative expenses and overhead of the agency. 3 1.9 To remove a commissioner from the agency. 4 1.10 To declare the City Commission to be the agency. 5 1.11 To prepare a community redevelopment plan. 5 Section 2_ That the.City-and County will enter into an agreement of understanding 7 outlining a number of issues in connection with the proposed CRA's obligations and 8 responsibilities to each taxing authority, including: 9 2.1 Limitingthe size of the proposed Dania Beach CRA area to 508 acres,which 10 is approximately 9.4% of the City's land area. 11 2.2 Using tax increments from the Dania Beach CRA only for construction of 6 public improvements loans/grants, infrastructure improvements, land acquisition, 13 technical studies, operations, administration and other expenditures directly related 14 to successful development and the implementation of the approved Community 15 Redevelopment Plan. 16 2.3 Establishing a "Critical Path Timeline" for the Dania Beach CRA project (s). 17 2.4 Agreeing to institute tax increment financing only after necessary financial 18 commitments are in,place for a Phase I project of not less than an amount of square 19 footage provided in the Agreement of Understanding. 20 2.5 Agreeing to explore and financially support alternative financing for CRA 21 projects, where possible, before utilizing tax increment financing. 22 23 24 3 W_J V V V EXHIBIT A Section 3. That the City is willing to cooperate with the County to maximize the net 2 fiscal impact from the proposed CRA by including the following restrictions/covenants in the 3 Agreement of Understanding: 4 3.1 Limit the County's contributions via tax increment revenues to a percentage _ 5 and term that are mutually agreed to in order to meet the financial needs of the 6 adopted development and financial plans over the life of the CRA. 7 3.2 Within 30 days following the end of each fiscal year, the City and the County, 8 through consultation,will determine whether any money remaining in the Trust Fund ° after payment of expenses pursuant to applicable law can be returned to the 10 appropriate taxing authority, used to reduce the amount of indebtedness, or 11 appropriated to a specific CRA-approved project as per the Community Redevelopment Plan. 13 Section 4. That this Resolution shall take effect immediately upon its adoption. 14 ADOPTED this. lCI "day of 2002. 4L-dol 15 16 17 18 19 20 21 22 23 24 4 W;J V V V EXHIBIT A 1 2 3 4 CLKJit #02-112 5 3/12/02 6 C:IWINDOWSV%Mp\DaniaBeachResCl.wpd 7 9 10 11 �2 13 14 15 16 17 18 19 20 21 22 23 24 5 STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) 1, ROGER J. DESJARLAIS, County Administrator, in and for Broward County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution 2002-275 as,thesame appears of record in the minutes'of'a said meeting of said Board of County Commissioners held on the 19' day of March, 2002. • IN WITNESS WHEREOF, I have hereunto set m hand and official seal eal this 26'h day of March, 2002. �l i5�Sl0��y= ROGER J. DESJARLAIS COUNTY ADMINISTRATOR By - Deputy Cl" ( SEAL ) NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on June 25, 2002, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: A ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING THE DANIA BEACH CITY COMMISSION AS THE MEMBERS ON THE "DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE BOARD"; DEFINING GENERALLY THE PURPOSES AND DUTIES OF SUCH BOARD; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CHANGE OF CONTROL AGREEMENT AMONG COMMUNITY CABLE TELEVISION KNOWN LOCALLY AS AT&T BROADBAND, MEDIAONE OF EASTERN MICHIGAN, INC. KNOWN LOCALLY AS AT&T BROADBAND, AND THE CITY OF DANIA BEACH; APPROVING THE CHANGE OF CONTROL OF THE CABLE TELEVISION FRANCHISE HELD BY COMMUNITY CABLE TELEVISION FROM ITS ULTIMATE PARENT COMPANY, AT&T CORP., TO AT&T COMCAST CORPORATION; SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. • A copy of these 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 working 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 by the City Commission 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 Charlene Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Charlene Johnson, CMC City Clerk Run in Sun Sentinel: June 14, 2002 SUN - SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA NOTICE OF HEARING BEFORE CITY BOCA RATON, PALM BEACH COUNTY, FLORIDA SION -CITY OF',DANIA MIAMI, MIAMI DADE COUNTY, FLORIDA xG ADOPTION OF THE' ® FOLLOWING PROPOSEC ORDINANCES: NOTICE IS HEREBY GIVEN STATE OF FLORIDA that the ciof thety commission COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Florid ,onty +ne 25,2 02, Florida,on June 25,2002, BEFORE UND RS D AUTHORITY, PERSONALLY APPEARED at rea P.M. Or,:as soon thereafter as the matter may be heard, will con- duct a-public hearing in!( WHO,ON OATH, SAYS THAT the City Commission H E Iof the Dania S A AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED Chambers Hall, 100'West f Beach City D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Dania Beach, Florida Boulevard, BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE consider the proposed ATTACHED COPY OF ADVERTISEMENT, BEING A: adoption ordinances the following s entitled: A'ORDINANCE OF THE CITY. OF DANIA BEACH, FLORI- -. AT&T BROADBAND DA, DECLARING,THE DA- NIA BEACH CITY COMMIS- SION AS THE MEMBERS ON IN THE MATTER OF: THE"DANIA BEACH COM- MUNITY*REDEVELOPMENT; AGENCY '_ "' EXECUTIVE BOARD "DEFINING GEN-� At T Broadband ERALLY THE PURPOSESI AND DUTIES OF. SUCHI BOARD; PROVIDING FOR` IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE CONFLICTS, - AN E ,f PROVIDING.FOR AN EF-. ISSUES OF: FECTIVE DATE. - AN ORDINANCE OF .THE CITY OF DANIA BEACH, 6/14 10944896 FLORCHANIGE APPROVING CONTROL AGREEMENT AMONG AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER COMMUNITY CABLE.TELE-: VISION KNOWN COCALLYf ,PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AS AT&T BROADBAND II MEDIAONE OF�iEASTERN! AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY LOCHIGAN, AT&TKNOWN PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, LOCALLY D THECITY OF'; BAND, AND THE CITY OF; DANIA BEACH; .APPROV- EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE ING THE CHANGE OF COW POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY, FLORIDA, TROL OF THE CABLE TEL VISFOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF By C FRANCHISE HELD `. BY COMMUNITY _CABLE ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT TIN E TE I PARENOT CITS UL_ OMPA- NY,HAS NEITHER PAID,NOR PROMISED,ANY PERSON, FIRM, OR NY, T CORP.,TO AT&T COMCAST CORPORATION, CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, FOR THE SUBJECT TO CERTAIN CONPURPOSE OF SECURING THIS VERTISEMENT FOR PUBLICATION IN SAID FOR DSEVOERABI�f20VlP NOG u NEWSPAPE VIDING AND PROVIDING CO FL AN f EFFECTIVE DATE. A Copy of these proposed Ordinances are on file in (SIGN URE OF A FI NT) the office of the 'City Clerk, City Hall, job west Dania Beach Boulevard, Dania Beach,Florida,and ORN TO AND SUBSCRIBED BEFORE ME may be inspected by the ON: 14-June-2002 , A.D. public during normal working hours. Interested parties may ap- pear at the aforesaid meeting and be heard with respect to the pro- posed. Any person.,whoi (SIGNATURE OF NOTARY PUBLIC) decides to appeal any de- cision made by the City: Commission with respect Tara L Bezak to any matter considered at this hearing will need a° -'4 •.; tvrY Com,MISSION# DD024939 EXPIRES record of the proceedings 3uly 20, 2005 and for such purpose may. eo rHeu raoy r , need to ensure that a ver- N!Nsueavice,INc batim record of the pro ceedings is made, which (NAME OF NOTARY,TYPED, PRINT OR STAMPED) record includes the testi- mony and evidence-upon, which the appeal is to be': PERSONALLY KNOWN OR based. . -:_ In accordance with the American with Disabilities PRODUCED IDENTIFICATION Act sista, persons needing in-' nce to participate in' any of the proceedings should contact Charlene. Johnson, City Clerk, 100 Wcst Dania Beach Boule- vard,Dania Beach,Florida 33004 (954) 924-3622 at least 18 hours prior to the meeting: /s/ Charlene Johnson, CMC City Clerk June 14,2002