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HomeMy WebLinkAboutR-1991-096 Mi RESOLUTION NO. 96-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUESTING BROWARD COUNTY TO DELEGATE TO THE CITY OF DANIA ALL POWERS AS SET FORTH IN ARTICLE IV OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA ENTITLED "DOWNTOWN DEVELOPMENT AGENCY"; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That request is hereby made that Broward County delegate to the City of Dania all powers as set forth in Article IV of Chapter 19 of the Code of Ordinances of the City of Dania, Florida entitled "Downtown Development Agency",p a copy of which is 1 attached hereto as Exhibit "A" . j Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this loth day of September 1991. MAYOR - COMMMISSIONER ATTEST: ITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: ef FRANK C. ADLER, City Attorney 96-91 Resolution No. i i PLANNING AND DEVELOPMENT § 19-52 systems and main distribution feeder electric lines delivering power to local distribution systems. Appurtenances such as transformer boxes, pedestal-mounted terminal boxes, and meter cabinets may be placed above ground and shall be located in such a manner as to minimize noise effects upon the surrounding residential properties. (Ord. No. 23, § 1, 5-7-73) Sec. 19-33. Easements required. Easements shall be provided for the installation of underground utilities or relocating existing facilities in conformance with such size and location of easements as may be determined by the building official to be compatible with the requirements of all utility companies involved with respect to a particular utility service. (Ord. No. 23, § 2, 5-7-73) Sec. 19-34. Responsibility of developer. The subdivider or developer shall provide for the necessary costs and other l ' arrangements for such underground installation with each of the persons furnishing utility services that are involved with respect to a particular development. (Ord. No. 23, � § 3, 5-7-73) I-J `� Sec. 19-35. Evidence of arrangements with utility companies. The subdivider or developer shall submit written evidence of a satisfactory arrangement with each furnisher of utility services involved with respect to a particular development before the final plat of the subdivision is submitted to the city commission for its approval. (Ord. No. 23, § 4, 5-7-73) Secs. 19.36-19-50. Reserved. ARTICLE IV. DOWNTOWN REDEVELOPMENT AGENCY* Sec. 19-51. Created. There is hereby created a public body corporate and politic to . - known as the "Down- town Redevelopment Agency," hereinafter referred to as the "agency." (Ord. No. 14-88, § 1, 4-12-88) Sec. 19-52. Membership, meetings,records, etc. (a) The agency shall consist of five (5) members appointed by the city commission, one of which shall be a city commissioner appointed by majority of the cite commission. An}• other persons may be 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 Editor's note—Ord. No. 14-88, §§ 1-6,adopted April 12, 1988,dill not specifically amend the Code; therefore inclusion as Art. IV, §§ 19-51-19-56, was at the discretion of the editor. Supp. No.31 EXH 1131T "A" 6 19-52 DANIA CODE serving as an officer or director of a corporation or other business entity so engaged within the City of Dania. (b) `Perms 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 shall be conclusive evidence of the due and proper appointment of such members. (c) A member shall receive no compensation for his services, but shall be entitled to the necessary expenses, including travel expenses incurred in the discharge of his duties. (d) The powers of the downtown redevelopment agency shall be exercised by the members thereof. A majority of the members shall constitute a quorum for- the purpose of conducting ,-� business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of three (3) of the members present, unless in any case the bylaws shall require a larger number. do (e) The city commission member shall serve as chairperson of the agency. �i (f) The members shall designate a vice-chairperson from among the remaining members. �d (g) The agency may employ an executive director, technical experts, and such other consultants, agents and employees, permanent and temporary, as it may require, and deter- mine their qualifications, duties, and compensation. For such legal service as it may require, J, the agency shall employ or retain counsel and/or legal staff, subject to the consent and C approval of the city commission. (h) The agency shall adopt rules of procedure and keep minutes of its proceedings, showing its actions on each and every matter considered. G) 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. (j) 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, provided that terms of Florida Statutes, Section 286.011, 1977 iSunshine Law), are met. (k) The agency shall file with the city commission and the auditor general, on or before March 31 of each year, a report of its activities for the preceding calendar year, which report shall include 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 available for inspection during business hours in the office of the city clerk and in the office of the agency. (1) The city commission may remove a member for inefficiency, neglect of duty, or mis- conduct 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 heard in person or by counsel. Supp. No.31 1164 j I PLANNING AND DEVELOPMENT § 19-53 i (in) 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 article by specific references. (Ord. No. 14-88, § 2,4-12-88) Sec. 19.53. Powers. (a) The agency shall have the following powers subject to the consent and approval of the city commission: (1) The agency shall have the power to recommend to the city commission to exercise the power of eminent domain as provided in Florida Statutes, Section 163.375. (2) The power to recommend to the city commission to dispose of any real property in a redevelopment area as provided in Florida Statutes, Section 163.380. '. (3) The power to carry out and effectuate the following powers in addition to those herein granted: y a. The agency may make and execute contracts and other instruments necessary or i convenient to the exercise of its powers under this article; to disseminate clear- ance and community redevelopment information;and to undertake and carry out community redevelopment projects and related activities within its areas of operation,such projects to include: M1, 1. Demolition and removal of buildings, and improvements. `i 2. To perform its duties with respect to specific programs or projects by ad hoc "task force" committees under the direction of a duly appointed member or members of the authority including such associate and staff members as may be required. 3. Installation, construction, or reconstruction of streets, utilities, parks, play- grounds, and other necessary improvements in the community redevelop- ment area in accordance with the community redevelopment plan. 4. Disposition of any property acquired in the community redevelopment area at its fair value for uses in accordance with the community redevelopment plan. 5. Carrying out plans for a program of voluntary m• compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. 6. 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 struc- tures for guidance purposes, and resale of the property. 7. Acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary or unsafe conditions, \ lessen density, eliminate obsolete or other uses detrimental to the public \— Supp. No.31 1165 Y: 6 19-53 DANIA CODE welfare, or otherwise to remove or prevent the spread of blight or deteriora- tion, or to provide land for needed public facilities. 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 a com- munity redevelopment project and related activities, and to include in any con- tract let in connection with such a project and related activities provisions to fulfill such of said conditions as it may deem reasonable and appropriate. c. Within its area of operation; r 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 FqM jurisdiction in the event entry is denied or resisted. 3 ! 2. To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent a ? domain, or otherwise, any real property(or personal property for its admin- istrative purposes), together with any improvements thereon. 3. To hold, improve,clear, or prepare for redevelopment, any such property. rt 1 4. To mortgage, pledge, hypothecate or otherwise encumber or dispose of any w real property. 5. To insure or provide for the insurance off' any real or personal property or operations of the city 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 article. d. To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control. 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 article,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 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 article. Supp.No.31 \ 1166 t PLANNING AND DEVELOPMENT § 19-55 C ' f. Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this article and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans, which plans may include, but not be limited to: 1. Plans for carrying out a program of compulsory repair and rehabilitation of buildings and improvements. 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 compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. 3. Appraisals, title searches, surveys, studies and other plans and work neces- sary to prepare for the undertaking of community redevelopment projects and related activities. g. To apply for, accept and utilize grants of funds from the federal government for ". such purposes. h. To prepare plans for and assist in the relocation of persons (including individu- als, families, business concerns, nonprofit organizations and others (displaced from a community redevelopment area, and to make relocation payments to or N with respect to such 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 government. (4) To recommend that the city commission authorize the issuance of revenue bonds as set forth in Florida Statutes, Section 163.385, (b) All other parts set forth and contemplated in Chapter 163 of the Florida Statutes continue to vest in the city commission. (Ord.No. 14-88, § 3, 4.12-88) Sec. 19.54. Community redevelopment plans. A community redevelopment master plan shall be developed and approved in accordance with the applicable provisions of Florida Statutes, Chapter 163. (Ord. No. 14.88, § 4,4-12-88) Sec. 1955. Redevelopment trust fund. (a) 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 Redevelopment Act of 1969 as amended. (b) 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. (c) All trust assets shall be allocated,extended, utilized and disbursed in accordance with ' the Community Redevelopment Act of 1969 as amended, and embodies in Part III of Chapter Supp. No.32 1167 i � 9 § 19-55 DANIA CODE 162 of the Florida Statutes,Section 163.330 et seq.; said act being hereby specifically incorpo- rated by reference. (d) Upon the enactment of this article, 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 undertaking and carrying out of community redevelopment projects. Said annual increment shall be the difference between: (1) 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 (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 all taxing authorities, except school districts, upon the total of the assessed value of the taxable property in the commu- nity 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 7 to the effective date of the ordinance approving the community redevelopment plan p F which governs the project involved. (e) No funds shall be disbursed from the City of Dania Community Redevelopment Trust j 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 as approved by the city commission of the City of Dania. Funds not expended at the close of any particular community redevelopment project shall be carried forward and utilized for community redevelopment purposes as deemed appropriate by the city commission of the City of Dania. M 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 Florida Statutes, Section 163.387(3), as amended. (Ord. No. 14.88, § 5, 4-12.88) Sec. 19-56. Property of agency exempt from taxes. The property of the agency acquired or held for the purposes of this article 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. (Ord. No. 14-88, § 6, 4-12-88) Supp. No. 32 1.168 1 V it