HomeMy WebLinkAboutO-1988-014 ORDINANCE N0. 14-88
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
RELATING TO AND CREATING THE "DOWNTOWN REDE-
VELOPMENT AGENCY" ; PROVIDING FOR APPOINTMENT
OF THE MEMBERS; PROVIDING FOR THE EXERCISE OF
CERTAIN POWERS; PROVIDING THAT ALL OTHER
POWERS CONTINUE TO VEST IN THE CITY COMMIS-
SION; PROVIDING FOR THE DEVELOPMENT PLANS ;
PROVIDING FOR THE DEVELOPMENT AND APPROVAL OF
REDEVELOPMENT PLANS; PROVIDING FOR THE CREA-
TION AND FUNDING OF THE REDEVELOPMENT TRUST
FUND; PROVIDING THAT PROPERTY OF THE AGENCY BE
EXEMPT FROM TAXES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in Resolution 50-87, the City Commission of the City of
Dania, Florida, declared that slum and blighted areas exist within the
corporate limits of said City; and
WHEREAS, in the above referenced resolution , the City Commission
of the City of Dania determined that a Community Redevelopment Agency
is necessary to function within the corporate limits of that City to
carry out the community redevelopment purposes of the Community
Redevelopment Act of 1969; and
a WHEREAS, all powers arising through the aforementioned enactment
` were conferred by that enactment upon Broward County by virtue of its
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home rule charter; and
WHEREAS, in Resolution 50-87, the City of Dania, Florida, acting
r through its Board of City Commissioners, indicated its desire to create
and operate a Community Redevelopment Agency for the purpose of
carrying out the redevelopment purposes of the Community Redevelopment
Act, as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA:
SECTION 1 : CREATION OF DOWNTOWN REDEVELOPMENT AGENCY:
1. 01 : There is hereby created a public body corporate and
politic to be known as the Downtown Redevelopment Agency, hereinafter
referred to as the "Agency" .
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SECTION 2: MEMBERSHIP:
2. 01 : The Agency shall consist of five (5 ) members appointed
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by the City Commission, one of which shall be a City Commissioner
appointed by majority of the City Commission. Any other persons may be
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appointed as members if they reside or are engaged in business, which
shall mean owning a business, practicing a profession, or performing a
service for compensation, or serving as an officer or director of a
corporation or other business entity so engaged within the City of
Dania.
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2. 02: Terms of office of the members shall be for two ( 2 )
years. A vacancy occurring during a term shall be filled for the
unexpired term. A certificate of the appointment or reappointment of
any member shall be filed with the City Clerk , and such certificate
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shall be conclusive evidence of the due and proper appointment of such
members .
2. 03: A member shall receive no compensation for his
r services, but shall be entitled to the necessary expenses, including
travel expenses incurred in the discharge of his duties .
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2. 04 : The powers of a downtown redevelopment agency shall be
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exercised by the members thereof. A majority of the members shall
constitute a quorum for the purpose of conducting business and exec-
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ems; cising the powers of the agency and for all other purposes . Action may
be taken by the agency upon a vote of three of the members present,
unless in any case the bylaws shall require a larger number.
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2. 05: The City Commission member shall serve as chair-person
of the Agency.
2. 06: The members shall designate a vice-chairperson from
among the remaining members.
2. 07: The Agency may employ an executive director,
technical experts, and such other consultants, agents and employees,
permanent and temporary, as it may require , and determine their
qualifications, duties, and compensation. For such legal service as it
may require, the Agency shall employ or retain counsel and/or legal
staff, subject to the consent and approval of the City Commission.
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� 2. 08: The Agency shall adopt written rules of procedure and
keep minutes of its proceedings, showing its actions on each and every
matter considered .
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2. 09: A record of the Agency's actions with respect to
matters before it shall be filed in the office of the City Clerk , and
open to public inspection.
2. 10: The Agency shall meet regularly at least four ( 4 )
times a year and shall fix a date and time for said regular meetings.
Other meetings may be called by the chairperson or vice-chairperson,
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provided that terms of Section 286. 011 E.S . ( 1977 ) (Sunshine Law) are
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met.
2. 11 : The Agency shall file with the City Commission and the
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Auditor General, on or before March 31 of each year, a report of its
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activities for the preceding calendar year, which report shall include
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a complete financial statement setting forth its assets, liabilities,
income, and operating expense as of the end of such calendar year. At
the time of filing the report, the Agency shall publish in a newspaper
of general circulation in the community, a notice to the effect that
such report has been filed with the City and that the report is
javailable for inspection during business hours in the office of the
City Clerk and in the office of the Agency.
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2. 12 : The City Commission may remove a member for
j inefficiency, neglect of duty, or misconduct in office, only after a
hearing and only if he has been given a copy of the charges at least
ten ( 10 ) days prior to such hearing and has had an opportunity to be
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heard in person or by counsel .
2. 13 : The Agency shall have the power and authority to make
and issue such regulations, bylaws and rules as it deems necessary and
convenient to effectuate the purposes of the Community Redevelopment
Act, as amended, provided that said powers are exercised in accordance
with the terms and intent of said Act, which is hereby fully
incorporated into this ordinance by specific references .
SECTION 3: POWERS:
3. 01 : The Agency shall have the following powers subect to
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the consent and approval of the City Commission.
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( 1 ) The Agency shall have the power to recommend to the
City Commission to exercise the power of eminent
domain as provided in Florida Statute 163. 375.
j (2 ) The power to recommend to the City Commission to
dispose of any real property in a redevelopment area
as provided in Florida Statute 163. 380.
( 3 ) The power to carry out and effectuate the following
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powers in addition to those herein granted :
! (A) The Agency may make and execute contracts and
other instruments necessary or convenient to the j
exercise of its powers under this part ; to
disseminate clearance and community redevelop-
ment information; and to undertake and carry out
community redevelopment projects and related
activities within its areas of operation, such
projects to include :
ji . Demolition and removal of buildings and
improvements.
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ii . To perform its duties with respect to
specific programs or projects by ad hoc
"task force" committees under the direc-
tion of a duly appointed member or mem-
bers of the authority including such
associate and staff members as may be
required.
iii . Installation, construction, or recon-
struction of streets , utilities , parks,
playgrounds, and other necessary improve-
ments in the community redevelopment area
in accordance with the community
redevelopment plan.
iv. Disposition of any property acquired in
the community redevelopment area at its
fair value for uses in accordance with
the community redevelopment plan.
v. Carrying out plans for a program of
voluntary or compulsory repair and
rehabilitation of buildings or other
improvements in accordance with the
community redevelopment plan.
jvi . Acquisition of real property in the
community redevelopment area which, under
the community redevelopment plan is to be
repaired or rehabilitated for dwelling
use or related facilities, repair or
rehabilitation of the structures for
guidance purposes , and resale of the
property.
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vii . Acquisition of any other real property in '
the community redevelopment area when
i necessary to eliminate unhealthful ,
unsanitary or unsafe conditions, lessen
density, eliminate obsolete or other uses
detrimental to the public welfare, or
totherwise to remove or prevent the spread
of blight or deterioration, or to provide
land for needed public facilities.
j (B) To provide, or arrange or contract for, the
furnishing or repair by any person or agency,
public or private, of services, privileges,
works, roads, streets, public utilities for or in
connection with a community redevelopment
project , to install, construct, and reconstruct
streets , utilities, parks , playgrounds , and other
public improvements ; and to agree to any
conditions that it may deem reasonable and
appropriate, attached to federal financial
assistance and imposed pursuant to federal law
relating to the determination of prevailing
salaries or wages or compliance with labor
standards, in the undertaking or carrying out of
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a community redevelopment project and related
activities, and to include in any contract let in
connection with such a project and related
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activities provisions to fulfill such of said
aconditions as it may deem reasonable and
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appropriate.
(C ) Within its area of operation:
1. To enter into any building or property in any
community redevelopment area in order to make
inspections, surveys, appraisals, soundings,
or test borings and to obtain an order for
this purpose from a court of competent juris—
diction in the event entry is denied or
resisted.
2. To acquire by purchase, lease, option, gift ,
grant , bequest, devise eminent domain, or
otherwise, any real property (or personal
property for its administrative purposes ) ,
together with any improvements thereon.
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3. To hold, improve, clear, or prepare for
redevelopment, any such property.
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4. To mortgage, pledge, hypothecate or otherwise
encumber or dispose of any real property.
5. To insure or provide for the insurance of any
real or personal property or operations of
the county against any risks or hazards ,
including the power to pay premiums on any
such insurance .
6. To enter into any contracts necessary to
effectuate the purposes of this part .
(D) To invest any community redevelopment funds held
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in reserves or sinking funds or any such funds
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not required for immediate disbursement in
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property or securities in which savings banks may
legally invest funds subject to their control.
j (E) Under the jurisdiction of the City of Dania to
borrow money and to apply for and accept
advances, loans, grants , contributions and any
other form of financial assistance from the
federal government or the state, county or other
public body, or from any sources , public or
private, for the purposes of this part, and to
give such security as may be required and to
enter into and carry out contracts or agreements
in connection therewith, and to include in any
contract for financial assistance with the
federal government for or with respect to a
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community redevelopment project and related
activities such conditions imposed pursuant to
federal laws as the City may deem reasonable and
appropriate and which are not inconsistent with
the purpose of this part .
(F) Within its area of operation, to make or have
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made all surveys and plans necessary to the
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j carrying out of the purposes of this part and to
li contract with an person,
i y p public or private, in
making and carrying out such plans and to adopt
or approve, modify and amend such plans , which
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plans may include, but not be limited to:
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1. Plans for carrying out a program of com-
pulsory repair and rehabilitation of
buildings and improvements.
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2. Plans for the enforcement of state and local
laws, codes, and regulations relating to the
use of land and the use and occupancy of
buildings and improvements, and to the com-
pulsory repair, rehabilitation, demolition,
or removal of buildings and improvements.
3. Appraisals, title searches, surveys , studies
and other plans and work necessary to prepare
for the undertaking of community redevelop-
ment projects and related activities.
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i (G ) To apply for, accept and utilize grants of funds
from the federal government for such purposes .
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(H ) To prepare plans for and assist in the relocation
j of person ( including individuals, families ,
business concerns, non-profit organizations and
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j others) displaced from a community redevelopment {
area, and to make relocation payments to or with h
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respect to such� A persons for moving expenses and
losses of property for which reimbursement or
compensation is not otherwise made, including the
making of such payments financed by the federal
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(4 ) To recommend that the City Commission authorize the
issuance of revenue bonds as set forth in Section
163. 385.
3. 02: All other parts set forth and contemplated in Chapter
163 of the Florida Statutes continue to vest in the City Commission.
j SECTION 4 : COMMUNITY REDEVELOPMENT PLANS :
4. 01 : A community redevelopment master plan shall be
developed and approved in accordance with the applicable provisions of
Chapter 163.
SECTION 5: REDEVELOPMENT TRUST FUND:
5. 01 : There is hereby created the City of Dania Community
Redevelopment Trust Fund, hereinafter referred to as "Trust Fund" , for
the purpose of accepting and disbursing fees, gifts, grants, and awards
of monies made to the City of Dania, Florida, for the purpose of
funding redevelopment projects as contemplated by the Community
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Redevelopment Act of 1969 as amended.
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5. 02: The Trust fund shall be self-perpetuating and
sustaining from year-to-year unless specifically terminated by the City
Commission of the City of Dania, Florida.
5. 03: All trust assets shall be allocated, extended,
utilized and disbursed in accordance with the Community Redevelopment
Act of 1969 as amended, and embodied in Part III of Chapter 163 of the
Florida Statutes, Section 163. 330 et seq. ; said Act being hereby
specifically incorporated by reference .
5. 04 : Upon the enactment of this ordinance, the City
Commission of the City of Dania, Florida, shall annually appropriate to
the trust fund herein created for the particular project , a sum which
is no less than the increment in the income, proceeds, revenues and
funds of the City derived from or held in connection with its under-
taking and carrying out of community redevelopment projects. Said
annual increment shall be the difference between :
a. The amount of ad valorem taxes levied each year by all
taxing authorities except school districts on taxable
real property contained within the geographic boundaries
of a community redevelopment project; and
b. 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 all taxing authorities , except school
districts , upon the total of the assessed value of the
taxable property in the community redevelopment project
involved as shown upon the most recent assessment roll
used in connection with the taxation of such property by
each taxing authority prior to the effective date of the
ordinance approving the community redevelopment plan
which governs the project involved.
5. 05: No funds shall be disbursed from the City of Dania
Community Redevelopment Trust Fund unless approved by the City
Commission. The funds shall be utilized in accordance with the
provisions of the Community Redevelopment Act of 1969 as amended and
embodied in Part III of Chapter 163 of the Florida Statutes, Section
163. 330 et. seq. , and in accordance with community redevelopment plans
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as approved by the City Commission of the City of Dania . Funds not
expended at the close of any particular community redevelopment project
1 shall be carried forward and utilized for community redevelopment
purposes as deemed appropriate by the City Commission of the City of
Dania.
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5. 06: The obligation of the City Commission to fund the
redevelopment trust fund annually shall continue until all loans ,
advances, and indebtedness, if any, and interest thereon, of a
community redevelopment agency incurred as a result of a downtown
redevelopment project have been paid, but only to the extent provided
for in F.S. 163. 387 ( 3) as amended.
SECTION 6: PROPERTY OF AGENCY EXEMPT FROM TAXES:
6. 01 : The property of the Agency acquired or held for the
purposes of this ordinance is declared to be public property used for
essential public and governmental purposes, and such property shall be
exempt from all taxes of the municipality , the county, or the state or
any political subdivision thereof. However, such tax exemption shall
terminate when the Agency sells, leases, or otherwise disposes of such
property in a community redevelopment area to a purchaser or a lease
which is not a public body entitled to tax exemption with respect to
such property.
SECTION 7: SEVERABILITY:
7. 01 : If any section, sentence , clause or phrase of this
ordinance is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 8: INCLUSION IN CODE:
8. 01: It is the intention of the City Commission that the
provisions of this ordinance shall become and be made a part of the
Code, and that the sections of this ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "section" ,
"article" , or such other appropriate word or phrase in order to
accomplish such intentions .
SECTION 9: CONFLICT:
9. 01 : All ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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SECTION 10: EFFECTIVE DATE:
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10. 01 : This ordinance shall take effect immediately upon its
passage and adoption by the City Commission.
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PASSED and ADOPTED on first reading on the 22nd day of
March 1988.
PASSED and ADOPTED on second and final reading on the 12th day of
April 1988.
MAYOR - COM?MISSIONER
ATTEST:
CITY CLERKK--AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
By Frank C. Adler, City Attorney
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ORDINANCE NO . 14-88
�••Rt, NEARING
\1 BEFORE CITY
i COMMISSION.
{ CITY OF DANIA.
T� FLORIDA
REGARDING
[, FOLDOPTION OF THE
IOWING PROPOSED
THE SUN-TATTLER EN that°: ".ES
NOTICE NOTICE IS HEREBY GIV-
FbrIY•.I Awlll It I1,Anl-1
I0 P.M.nr YF Spun IIN'A-
Established as The Hollywood Sun - January 4 1935 •N•r AA Im m.n0'mar NA
Mn Yo'.h Ub Commlo-
HOLLYWOOD. BROWARD COUNTY, FLORIDA Jon room OltM 0..Cl.;
BouIAVAfE•Osn1A,IAFIOtlO. -
Ip COMIUII IM IGb,vinp
orR-Ho AooP11oP on wo
onA•Ao 11MI rA•YlnO o1 Ina
or01n•nce •1111ItE:
STATE OF FLORIDA ,VAN CITYOOFNOANIA,OFLORI THE
-
DA, RELATING TO AND
COUNTY OF BROWARD CLRREEyATTING THE "
Before the undersigned authority personally appeared _
Jack D. Pate 6E V: FOR
A C PRO-
APPOINTMENT OF THE
who on oath says (he/she) Is AdVert15111Q Sales Manager MEMBERS:EXERCISE
PROVIDING
y FOR THE EXERCISE OF
CERTAIN POWERS: PRO- I.
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward ER(POWERS THAT CONT NUE
TO VEST IN THE CITY
County, Florida: that the attached co of advertisement, being a COMMISSION; PROVID.
copy 1 ING FOR THE DEVELOP-
MENT PLANS: PROVID-
Notice of Hearing ING HE
D VELOPMENT AND
APPROVAL OF REDE-
Clty of Dania PROVIDING FORL THE
in the matter Of _ CREATION AND FUND-
ING OF THE REDEVEL-
100 W. Danla Beach Blvd. �,>Gy` t('X OPMENT TRUST FUND:
In the_.-- PROVIDING THAT PROP-
ERTY OF THE AGENCY
Be EXEMPT FROM TAX-
was published in said newspaper in the issue of SE; PROVIDING
FOR
UR-
4 IN
April 1 1988 - THE CODE; PROVIDING
THAT ALL ORDINANCES
OR PARTS OF ORDI-
Affianl further says that the said SUN-TATTLER is a newpaper published at Hollywood in NANCES AND ALL PESO-
said Broward County. Florida,and that the said newspaper has heretofore been Continuously RESOLUTIONS
CT ART eE
published in said Broward County. Florida,each week and has been entered as second class REPEALED HEREWITH THE BE
TENT OF SUCH CON-
matter at the post office in Hollywood in said County.Florida, for a period of one year next fORT�A NN EFFECTING
VE
preceding the first publication of the attached copy of advertisement: and affiant further . DATE: -
says that he has neither paid nor promised any person. firm or corporation any discount, AN ORDINANCE DF THE
rebate,commission or refund for the purpose of securing this advertisement for publication DA AMENDING ART CLFLCRI-
in t said newspaper. IV Q CODE TOFF THE
OF DANIADFLORIDA.ITY
BV
_ ADDING JECTION 13-17
AWVIDE FOR AN
ARD FOR INFIDIII
TION LEADING TO THE
I APPRENEN3IOH OF
'SwrnANYONE ILLEGALLY to and subscribed before me DUMPING TIRES WITHIN
THE CITY OF DANIA:
�'1 AND PROVIDING THAT
this ! dayofa'j.&CQA.D. 19o� ALL ORDINANCES OR
^ _ IPARTS OF ORDINANCES
ORDP RTS OF REWLLU-
TID11�f3 IN CONFLICT
NOTARY L LIC STATE CF FLC."A ) HEREWITH BE RE-
I PEALED TO THE E%
(SEAL( COMMISSION EXP. JUN 2 StCO TE T of SUCH CON-
AND PROVIDING
BOADED TXAD BEAERAL INS UND. FOR AN EFFECTIVE
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