HomeMy WebLinkAboutO-2011-002 CRA TIF Funding ORDINANCE NO. 2011-002
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE FUNDS TO PAY AN AMOUNT EQUAL TO THE
CITY'S ANNUAL CONTRIBUTION TO THE TAX INCREMENT
FINANCING (TIF) OF THE CITY OF DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "CRA") FOR THE TERM OF THE CRA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Cityof Dania Beach Community Redevelopment Agency (the "CRA")
tY p g Y
is a public body corporate and politic created pursuant to Part III of Chapter 163, Florida
Statutes, by the City of Dania Beach, Florida (the "City"); and
WHEREAS, the City wishes to covenant to budget and appropriate legally available
funds to pay an amount equal to the City's annual contribution to the Tax Increment Financing
(TIF) of the CRA on an ongoing basis for the term of the CRA; and
WHEREAS, the TIF is calculated based on the formula set forth in Section 163.3 87,
Florida Statutes, and the City would covenant to budget and appropriate legally available funds
in an amount equal to the City's annual contribution to the TIF under that statute.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The City hereby covenants and agrees to appropriate in its annual budget,
by amendment, if necessary, from legally available funds each fiscal year, amounts sufficient and
representing an amount equal to the City's contribution to the Tax Increment Financing (TIF) of
the City of Dania Beach Community Redevelopment Agency (the "CRA"), as calculated '
pursuant to Section 163.387, Florida Statutes, for the term of the CRA. Such covenant and
agreement on the part of the City to budget and appropriate such amounts of legally available
funds shall be cumulative to the extent not paid, and shall continue until such funds or other
legally available funds in amounts sufficient to make all such required payments shall have been
budgeted, appropriated and actually paid.
Section 2. Such covenant to budget and appropriate shall not create any lien upon or
pledge of such legally available funds, nor shall it preclude the City from pledging in the future
its legally available funds, nor shall it require the City to levy and collect any particular funds.
Such covenant to appropriate legally available funds shall be subject in all respects to the
payment of obligations secured by a prior or future pledge of such funds. However, the covenant
to budget and appropriate in its annual budget for the purposes and in the manner stated in this
Ordinance shall have the effect of making funds available for the payment of the TIF, and
placing on the City a positive duty to appropriate and budget, by amendment, if necessary,
legally available funds sufficient to meet its obligations under this Ordinance; subject, however
in all respects to the restrictions of Section 166.241, Florida Statutes and, subject, further, to the
payment of services and programs which are for essential public purposes of the City or which
are legally mandated by applicable law.
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance, are repealed to the extent of such conflict.
Section 4. That if any section, clause, or provision 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. That this Ordinance shall take effect immediately upon its passage and
adoption.
PASSED on first reading on December 14, 2010.
PASSED AND ADOPTED on second reading on January 11, 2011.
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C. K. McELYEA
MAYO - OMMISSIONER
AT EST: �P�,S Fiasr��rr
440
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F AND CORRECTNESS:
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THOM` J. A SWO
CITY ATTORNEY
2 ORDINANCE#2011-002
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