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HomeMy WebLinkAboutO-2002-049 ORDINANCE NO. 2002-049 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO COMMUNITY REDEVELOPMENT; ESTABLISHING A REDEVELOPMENT TRUST FUND AS PERMITTED PURSUANT TO SECTION 163.387, FLORIDA STATUTES (2002); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach commissioned a "Finding of Necessity for Redevelopment Study" ("Study") 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, the Study was approved by the Broward County Board of County Commissioners on March 19, 2002 by Resolution No. 2002-275; and WHEREAS, pursuant to Broward County Resolution No. 2002-275 and Section 163.357, Florida Statutes, the City of Dania Beach Commission established itself to be the Community Redevelopment Agency ("CRA") for the City of Dania Beach by adopting Ordinance No. 2002-032 (a copy is attached hereto as Exhibit A and incorporated by reference); and WHEREAS, pursuant to Section 163.360, Florida Statutes, the City Commission acting in its capacity as the CRA approved a Community Redevelopment Plan on September 24, 2002 (City Resolution No. 2002-163) (a copy is attached hereto as Exhibit B and incorporated by reference); and WHEREAS, pursuant to Section 163.387, Florida Statutes, the City Commission desires to establish a Community Redevelopment Trust Fund in order to fund and implement the Community Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. The above recitals are true and correct and are incorporated by reference. Section 2. Establishment. The City of Dania Beach Community Redevelopment Trust Fund is hereby established for the duration of the Community Redevelopment Plan as follows: (A) Funds allocated to and deposited into this fund shall be used by the CRA to finance or refinance any community redevelopment it undertakes pursuant to the Community 1 ORDINANCE NO. 2002-049 Redevelopment Plan. The annual funding of the Redevelopment Trust Fund shall be in an iamount not less than the increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment taken pursuant to Section 163.330, et. seq. Florida Statutes. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: 1. The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of the Community Redevelopment area; and 2. The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the Community Redevelopment area as shown on the most recent assessment roll used in connection with the taxation of such property by each taxing authority in place prior to the adoption of this ordinance. (B) The use of the Redevelopment Trust Fund shall also conform to the Interlocal Cooperation Agreement adopted among the City of Dania Beach, the CRA and Broward County, as may be amended from time to time. • Section 3. Conflict. That all ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. Section 4. Severability. 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 5. Effective Date. That this ordinance shall be in force and take effect upon its passage and adoption and the delegation by the Broward County Commission to the City Commission of the authority to establish the Redevelopment Trust Fund. PASSED AND ADOPTED on first reading on November 26, 2002. PASSED AND ADOPTED on second reading on December 10, 2002. APPROVED: RT CHUNN, R: M YOR-COMMISSIONER 2 ORDINANCE NO. 2002-049 ATTEST: ROLL CALL: • COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA- YES COMMISSIONER MIKES- YES Cj - CHARLENE JO NSON VICE-MAYOR FL URY- YES CITY CLERK MAYOR CHUNN- YES APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY • • 3 ORDINANCE NO. 2002-049 SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA ooeuc NEARING NOTICE I MIAMI, MIAMI DADE COUNTY, FLORIDA Tel city commission of the City of Dania Beach Proposes to adopt the fol- STATE OF FLORIDA owing ordinance: COUNTY OF BROWARD/PALM BEACH/MIAMI DADS AN ORDINANCE B THE CITY OF DANA BEACH, BEFORE T ND ED AUTHORITY, PERSONALLY APPEARED FLORIDA, PERTAINING TO, COMMUNITY REDEVELOP MENT; ESTABLISHING Al REDEVELOPMENT 'TRUST) WHO,ON OATH,SAYS THAT FUND AS PERMITTED PUR-I HE/ A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED UTESSUA To OVIDION! 163.387, FLORIDA STAT D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED UTES (20G2); PROVIDING; BROWA I /PALM BEACH/MIAMI DADE COUNTY,FLORIDA, AND THAT THE INGFOR CFORONFLICTS; PROVID- AND PROVIDING FOR ABILITY;j ATTACHED COPY OF ADVERTISEMENT,BEING A: eR EFFECTIVE DATE. Date:December 10 2002 TRUST FUND Time:�:00 PM,or as soon tba+eafter as possible Place: City Commissioni IN THE MATTER OF: chambers 100 West Dania Beach' Boulevard Dania Beach,Florida Trust Fund The community Redevei-' opment Area es the 8eneraily in as:clucommercial Properties IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER 1N THE along US 1 between the ISSUES OF: Dania cut-off canal and Sheridan Street,commer- cial properties along Da- 11/25,1 nia Beach Boulevard east 11183919 and west of us 1,and resi- dential and undeveloped AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER pfO h os evar of Dania Beach Boulevard between PUBLISHED)N SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, NWnue.A location map f Avenue.A location ma AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY opmen Area lboundary is PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, notice on the back of this EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, You have received this rice because you are listist - FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ed in tme BRecoardscasn a rope ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT p property owner within the HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM, OR CRA boundary or are CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE taxing authority within this jurisdiction. PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID In accordance with me NEWSPAP R. Americans with needing ties Act,persons needing assistance to participate in any of these proceed- ings should contact Char- NA URE F AFFIANT) lene Johnson, city Clerk, 100 West Dania Beach Boulevard, Dania Beach, FL 33004 or call(954)924- SWORN TO AND SUBSCRIBED BEFORE ME 3622, at least 48 hours prior to the meeting. ON: 25-November-2002 , A.D. Charlene Johnson, Cmc. A_- city Clerk November 25,2002 (SIGNATURE OF NOTARY PUBLIC) Y'%R Tara L.Bezak . % MYCOMMISSION4 DCO249D FY.PTF:. :o 5uly 20. 20G5 Z • $°,F;°..• 3CNDED THRU?RCv l.:;N a.SAIN"-.' (NAME OF NOTARY,TYPED, PRINTED, 0 STAMPED) PERSONALLY KNOWN OR PRODUCED IDENTIFICATION AGENDA REQUEST FORMI Aa CITY OF DANIA BEACH 7 * AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 10, 2002 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—ORDINANCE CRA TRUST FUND 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND AND FINAL READING 4. SUMMARY EXPLANATION &BACKGROUND: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO COMMUNITY REDEVELOPMENT; ESTABLISHING A REDEVELOPMENT TRUST FUND AS PERMITTED PURSUANT TO SECTION 163.387, FLORIDA STATUTES (2002); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Public Hearing Notice ® 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date December 2, 2002 Growth Management Department City Manager Date -�a�2 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: ESTABLISH OF CRA TRUST FUND {SECOND READING: PUBLIC HEARING} DATE: December 10, 2002 City Commission Meeting The CRA and the City Commission adopted the CRA/CITY/COUNTY interlocal agreement on November 26, 2002. The interlocal was hand delivered to Broward County on November 27, 2002. As of December 3, Broward County staff indicates they have no objections to the adopted interlocal agreement. County staff has scheduled the interlocal for County Commission approval on December 10. By approving the interlocal agreement, the County Commission grants the City the authority to establish the CRA trust fund. The City can then (on the evening of December 10) create the trust fund to set the base year for tax increment financing. The City must create the trust fund prior to January 1, 2003 to lock in 2002 as the base Kear. CONSULTANTS RECOMMENDATION Iler Planning Group and Keith and Associates recommend approval. STAFF RECOMMENDATION Approval.