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ORDINANCE NO. 2007-04
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
AMENDING CHAPTER 1 OF THE BROWARD COUNTY
CODE OF ORDINANCES, "ADMINISTRATION," ARTICLE
XXXIII, ENTERPRISE ZONE DEVELOPMENT AGENCY,
SECTION 1-554, "MEMBERSHIP AND APPOINTMENT OF
AGENCY," PROVIDING FOR CHANGES TO THE
MEMBERSHIP AND APPOINTMENTS TO THE
ENTERPRISE ZONE DEVELOPMENT AGENCY;
AMENDING SECTION 1-555, "TERM OF APPOINTEES,"
PROVIDING FOR TERMS OF AGENCY MEMBERS;
AMENDING SECTION 1-556, "RULES OF PROCEDURES,
QUORUM," ESTABLISHING PROCEDURAL
REQUIREMENTS FOR THE AGENCY; AMENDING
SECTION 1-557, "SCOPE OF AGENCY'S
RESPONSIBILITY," PROVIDING FOR THE POWERS AND
RESPONSIBILITIES OF THE AGENCY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
WHEREAS, pursuant to Subsection 290.0065(4)(a)3, Florida Statutes (2005),
Board of County Commissioners submitted to the State of Florida and the State
subsequently approved an application for redesignation of the Fort Lauderdale/Broward
County Enterprise Zone, which application included a request for a boundary change to
include new areas within the Cities of Lauderhill and Dania Beach; and
WHEREAS, as a result of the approved redesignation to the
Lauderdale/Broward County/Lauderhill/Dania Beach Enterprise Zone,
newly -expanded boundaries, the composition of membership and appointment to
Enterprise Zone has changed; and
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1 WHEREAS, the Board of County Commissioners desires to amend Chapter 1 of
2 the Broward County Code of Ordinances, Article XXXIII, Enterprise Zone Development
3 Agency, to (i) codify the boundary changes to the Enterprise Zone to include new areas
4 within the Cities of Lauderhill and Dania Beach; and (ii) to modify the membership of the
5 Agency by decreasing the number of members for Broward County, increasing the
6 number of members for the City of Fort Lauderdale, and reflecting the inclusion of
7 members from the Cities of Dania Beach and Lauderhill consistent with the new
8 boundaries of the Enterprise Zone.
9 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
10 BROWARD COUNTY, FLORIDA:
11 Section 1. Chapter 1 of the Broward County Code of Ordinances,
12 "Administration," Article XXXIII, Enterprise Zone Development Agency, Section 1-554 is
13 hereby amended to read as follows:
14 Sec. 1-554. Membership and appointment of agency.
15 The agency shall consist of nine (9) members, five (5) two 2 from Broward
16 County, five (5) from the City Fort Lauderdale,
17 one (1) from the City of Lauderhill and one (1) from the City of Dania Beach. - W
18 illGlude the folio Membership from each of the following categories is encouraged:
19 (1) Local chamber of commerce.
20 (2) One "` FnembeF `ro.m the (Local law enforcement agencies, whem shall be
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22 (3) One (1) .. embe. ffem a (Local financial or insurance entity.
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1 (4) Businesses operating within the nominated areas;
2 whem shall be a nominee submitted by the Gity of FeFt Lauderdale.
3 (5) Residents of the distressed areas;
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5 (6) Nonprofit community -based organizations.
6 (7) One (1) membe. ft.., the !Local private industry council.
7 (8) Twe "` ^'embe"c fFem •he'Local code enforcement agencies, eRe (1) 0
8 whom shall be a RemiRee submitted by the Gity of Fort LaudeFdale.
9 Pursuant to Section 290.0056, Florida Statutes, the board of members of the
10 agency shall be appointed by ordinance of the Board of County Commissioners,
11 following review of nominations, including those nominations provided by the 6ify Cities
12 of Fort Lauderdale, Lauderhill. and Dania Beach. Subsequent appointments shall be
13 made by the Board of County Commissioners following nominations by the respective
14 enti ies . In making appointments, the importance of minority representation on the
15 agency shall be considered so that the agency generally reflects the gender and ethnic
16 composition of the community as a whole.
17 Section 2. Section 1-555, "Term of appointees," is hereby amended to read as
18 follows:
19 Sec. 1-555. Term of appointees.
20 (a) The terms of office of the members shall be for four (4) years, except that,
21 in making the initial appointments, the
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City of Dania Beach's appointment shall be for a
term of four (4) years: City of Lauderhill's appointment shall be for a term of four (4)
years; Broward County's two (2) appointments shall be for a term of one (1) year and
two (2) years, respectively: and the City of Fort Lauderdale's five (5) appointments shall
be two (2) members for a term of one (1) year, two (2) members for a term of three (3)
years, and one (1) member for a term of four (4) years. A vacancy occurring during a
term shall be filled for the unexpired term.
(b) Members of the agency may be removed for inefficiency, neglect of duty,
or misconduct in office only after a hearing and only if the member has been given a
copy of the charges at least ten (10) days prior to the hearing and has had an
opportunity to be heard in person or by counsel. Neg!eGt of duty shall iRGlude, but not
be 16moted to, a rnembeF'S abseRre, without good and- swiffin—ment nause, from thFee43)
sensesutive
(c) Agency members shall receive no compensation for their services, but are
entitled to the necessary expenses, including travel expenses, incurred in the discharge
of their duties pursuant to Section 112.061, Florida Statutes. Unless a member is
removed as provided for in paragraph (b) above, €each member shall hold office until a
successor has been appointed and has qualified. Exrept wheFe in ^^^"i^` with the
A certificate of the appointment or reappointment
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1 of any agency member shall be filed with the clerk of Broward County, and the
2 certificate is conclusive evidence of the due and proper appointment of the member.
3 Section 3. Section 1-556, "Rules of procedure, quorum," is hereby amended
4 to read as follows:
5 Sec. 1-556. Rules of procedure, quorum.
6 (a) The agency shall select a chair and vice chair from among the members,
7 each of whom shall serve for one (1) year and until his/her successor is chosen.
g (b) A maiority of the total appointed members
9 present at an agenGy Fneeting shall constitute a quorum. Any majority of those
10 members present and voting at any meeting shall be sufficient to enable the taking of
11 any action, unless the bylaws require a larger number.
12 (c) The agency shall, by majority vote of the entiFe membersl*, adopt rules
13 of procedure for the transaction of business and shall keep a written record of meetings,
14 resolutions, findings, and determinations.
15 Section 4. Section 1-557, "Scope of agency's responsibility," is hereby
16 amended to read as follows:
17 Sec. 1-557. Scope of agency's responsibility.
18 The agency shall have the following powers and responsibilities:
19 (1) To assist in the development and implementation of the strategic plan.
20 (2) To oversee and monitor the implementation of the strategic plan.
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1 (3) To make quarterly reports to the Board of Commissioners of Broward County and
2 the Gity Cities of Fort Lauderdale, Dania Beach. and Lauderhill evaluating the
3 progress in implementing the strategic plan.
4 (4) To identify and recommend to the Board of Commissioners of Broward County
5 and the G#y Cities of Fort Lauderdale, Dania Beach, and Lauderhill ways to
6 remove regulatory barriers.
7 (5) To identify to the Broward County and the Gity Cities of Fort Lauderdale. Dania
8 Beach, and Lauderhill the financial needs of, and local resources or assistance
9 available to, eligible businesses in the zone.
10 (6) Submission of a complete and detailed report to the Department of Commerce
11 prior to December 1 of each year setting forth its operations and
12 accomplishments during the fiscal year, the accomplishments and progress
13 concerning the implementation of the strategic plan, the number and type of
14 businesses assisted by the agency during the fiscal year, the number of jobs
15 created within the enterprise zone during the fiscal year, the usage and revenue
16 impact of state and local incentives granted during the calendar year, and any
17 other information required by the Department of Commerce.
18 Section 5. SEVERABILITY.
19 If any section, part of a section, sentence, clause, phrase or word of this
20 Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void,
21 such holdings of invalidity shall not affect the remaining portions of this Ordinance and it
22 shall be construed to have been the legislative intent to pass this Ordinance without
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I such unconstitutional, invalid or inoperative part herein, and the remainder of this
2 Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if
3 such part or parts had not been included therein, or if this Ordinance or any of the
4 provisions thereof shall be held inapplicable to any person, group of persons, property,
5 kind of property, circumstances or set of circumstances, as such holdings shall not
6 affect the applicability thereof to any other person, property or circumstances.
7 Section 6. INCLUSION IN CODE.
8 It is the intention of the Board of County Commissioners that the provisions of
9 this Ordinance shall become and be made a part of the Broward County Code; and that
10 the sections of this Ordinance may be renumbered or relettered and the word
11 'ordinance" may be changed to "section," "article," or such other appropriate word or
12 phrase in order to accomplish such intentions.
13 Section 7. EFFECTIVE DATE.
14 This Ordinance shall become effective as provided by law.
15 ENACTED April 24, 2007
16 FILED WITH DEPARTMENT OF STATE April 30, 2007
17 EFFECTIVE April 30, 2007
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21 Cuubil
5/2/07
22 ezda-o01.doc
#06-425
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