HomeMy WebLinkAbout4236 Seminole Towne Center CRA expiration11111 llana mill lIII
.
rn
C
Ordinance No. 2011 -4236
rri Y�
m Z
b
_ rn
An ordinance of the City of Sanford, Florida relating to community
to
¢.
redevelopment and amending sections of Chapter 74, Article 11
_
rn
Cr
Divisions 2 and 3 of the Code of Ordinances of the City of Sanford,
rn
Florida; providing for the expiration of the Seminole Towne Center
r-:,
Community Redevelopment Area and Agency and all obligations
�- ,
relating thereto in accordance with controlling documents and law;
fir,, r,
o
0
providing for amendments to provisions pertaining to the remaining
community redevelopment projects and programs of the City;
c
C
providing for legislative findings; providing for implementing
g g 9 P 9
4
CD
administrative actions; providing for a savings provision; providing
•=
for conflicts; providing for severability; providing codification and
providing for an effective date.
n
�u
Whereas, the City Commission of the City of Sanford, Florida has the power
nn
n
and authority relative to community redevelopment under the controlling provisions of
n
q
State law such as, by way of example only, the provisions of Article VIII, Section 2 of the
Constitution of the State of Florida and the provisions of Chapter 163 and Chapter 166,
h.:.
°
o
G,
Florida Statutes, and the controlling case law of the State of Florida; and
Cr
°;
O
C.C.
C.0
'
Gj
Whereas, for the purposes of this Ordinance, underlined type shall constitute
additions to the original text, * ** shall constitute ellipses to the original text and
0
s#ikethFeegh shall constitute deletions to the original text; provided, however, that
G
CL
completely new text shall not be legislatively scored.
r
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida:
x••.
W
to
N
Section 1. Legislative Findings. A new section of the City Code of the City of
m
Sanford, Florida is created to read as follows:
o
(a). The City staff report and City Commission agenda memorandum relating`
0
Cn
to this matter are hereby adopted as if fully set forth herein.
CD
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
--
1IPage
0 •
(c). The City Commission of the City of Sanford finds that the bondholders
holding and owning bonds that were issued relative to the Seminole Towne Center
Community Redevelopment Area are not, and have not, been prejudiced by the
termination of the Seminole Towne Center Community Redevelopment Area and the
funding of that Area from tax increment revenues. The City Commission further finds
that all controlling legal documents specify, determine and mandate that the obligation
of the City to annually appropriate to such the Community Redevelopment Trust Fund
pertaining to the Seminole Towne Center Community Redevelopment Area shall
terminate on December 31, 2011, whether or not obligations of the Agency for that Area
or the City payable from such Trust Fund remain outstanding.
(d). The foregoing recitals (whereas clauses) are hereby adopted as the
legislative findings of the City Commission of the City of Sanford and incorporated into
this Ordinance as if set forth in haec verbs.
Section 2. Amendments to provisions of Chapter 74, Article II, Divisions 2
and 3 of the Code of Ordinances of the City of Sanford. The following sections of
Chapter 74, Article II, Divisions 2 and 3 of the Code of Ordinances of the City of
Sanford, Florida are amended to read as follows:
ARTICLE II. COMMUNITY REDEVELOPMENT
DIVISION 2. LAKE MONROE WATERFRONT AND DOWNTOWN SANFORD
•� . •-
21Page
0 .
„ „ tG
See. :74 63. AppFopFoateens administratiew.
,
- - - - = -- - - - -
5 ,
31Page
9 .
,
?• - Mi
41Page
• •
�n:rs�:�s�n_TSSST
Subdivision 1 14. Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Area
Sec. 74-54. Established.
There is hereby established and created in accordance with the provisions of F.S.
(-1884) § 163.387, a Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Trust Fund hereafter referred to as the "Fund."
Sec. 74 -55. Use of funds.
The funds allocated to, and deposited into the Fund are hereby appropriated to the
Sanford Community Redevelopment Agency, hereafter referred to as the "Agency," to
finance the City of Sanford Community Redevelopment Projects within the
"Lake Monroe Waterfront and
Downtown Sanford Community Redevelopment Area" 4 as created by Reselwtiwi 1719
of the City of Sanford and as may be amended from time -to -time The Agency shall
utilize the funds and revenues paid into and earned by the Fund for all and every
community redevelopment purpose delegated to it in accordance with controlling law
the -;afA-rQ-FneRt Fese as , and as contained in the aonroved plan for
redevelopment as provided by controlling law dated D868FRI98F 44, 4994. Said Fund
shall exist for a period not exceeding 20 years.
51Page
Sec. 74 -56. Appropriations; administration.
There shall be paid into the Fund, and the City hereby appropriates, commits and sets
over for payment into the Fund, a sum equal to that increment from the income
proceeds, revenues and funds of the City derived from or held in connection with the
Lake Monroe Waterfront and Downtown Sanford Community Redevelopment Area
and the Agency's undertaking and carrying out
of the 69FRFRURity FedeyelepmeRt projects therein. Said increment shall be determined
and appropriated annually and shall be as set forth in F.S. § 163.387. It shall be in an
amount equal to 95 percent of the difference between:
(a) The amount of ad valorem taxes levied each year by the City e€- SaRferd and by
Seminole County, exclusive of any amount from any debt service millage, on taxable
real property contained within the geographic boundaries of the Lake Monroe
Waterfront and Downtown Sanford Community Redevelopment Area eemmunity
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 the City ef- Sanford and by Seminole County,
exclusive of any debt service millage, upon the total of the assessed value of the
taxable real property in the Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Area raommunity FedeyelepmeRt aFea as shown by the most recent
assessment roll used in connection with the taxation of such property by the City of
Saafefd and Seminole County prior to the effective date of this subdivision, providing for
the funding of the tenet Fund.
61Page
• •
The City will annually appropriate to the Fund the aforestated sum at the beginning of
the City's fiscal year. The Fund shall receive the tax increment above described only as,
if and when, such taxes may be collected by the City. The City's obligation to annually
appropriate to the Fund shall commence immediately upon the effective date of this
subdivision and continue to the extent permitted by State law, until all loans, advances
and indebtedness, if any, and interest thereon incurred by the Agency as a result of the
projects within the Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Area have been paid, and only to the extent that the tax increment
recited above accrues.
The Agency is directed to establish and set up the Fund and to develop and promulgate
rules, regulations and criteria whereby the Fund may be promptly and effectively
administered, including the establishment and the maintenance of books and records
and adoption of procedures whereby the Agency may, expeditiously and without undue
delay, utilize said Fund for its allocated statutory purpose subject to annual budgetary
approval by the City Commission
The Agency is vested with full responsibility for the receipt, custody, disbursement,
accountability, management and proper application of all monies paid into the Fund
subject to annual budgetary approval by the City Commission The governing body of
the Agency shall be the trustee of the Fund.
Monies in the Fund may not be spent for community redevelopment projects without the
approval of the City Commission in accordance with its budgetary approvals a - Situ
e€- Sa+�fer. The Citv Manager is hereby deleaated authority to enter memorandums of
71Page
aareement with the Agency in order to provide for the provision of administrative and
other services to the Aaencv with all costs beina reimburse to the City by the Aaencv.
DIVISION 3. COMMUNITY REDEVELOPMENT AGENCY
Sec. 74 -74. Authority for this division.
This Division is adopted pursuant to F.S. Ch. 163, Pt. III, and other applicable provisions
of law.
Sec. 74 -75. City of Sanford Community Redevelopment Agency.
The , a6 the 09VeFR body of the Gity-4
L M -
,
the City of Sanford Community Redevelopment Agency is hereby created and
established.
Sec. 74 -76. Composition of the agency.
The City Commission shall appoint the members of the Agency, which shall consist of a
total of five members. Two of the five members shall be nominated by the Board of
County Commissioners of Seminole County and appointed by the SaRferd City
Commission. The other three members shall be nominated and appointed by the
SaRfeFd City Commission.
(a) Any person may be appointed as a member if he resides or is engaged in
business, which means owning a business, practicing a profession, or performing a
81Page
9
service for compensation, or serving as an officer or director of a corporation or other
business entity so engaged, within the City of Sanford corporate limits.
(b) The City Commission shall designate a chairff aR person and vice chairs ers n
from among the members of the Agency.
Sec. 74 -77. Terms of office and removal from office.
(a) The terms of office of the members of the Agency shall be for four years—,e*sept
M*=*
the aPPG 6 Rt-I*lA-Rt-F. 1
(b) The City Commission may remove a member of the Agency for inefficiency, neglect
of duty, or misconduct in office only in the that manner prescribed by law.
Sec. 74 -78. Duties and responsibilities.
The Agency shall be the redevelopment agency to carry out the redevelopment of the
aFeaG 148IP8 &6&19861, designated the Lake Monroe Waterfront and Downtown
Sanford Community Redevelopment Area
and to that end and as such, shall have and exercise all of the
powers of redevelopment agencies pursuant to F.S. Ch. 163, pt. III, as amended, and
shall have the power granted to it by Seminole County Board of County Commissioners
from time-to-time .
(a) The Agency shall exercise all the powers necessary or convenient to carry out and
effectuate the purposes and provisions of community redevelopment and related
Initial terms were staggered terms. Obsolete text has been deleted.
91Page
activities except the following which shall be vested in the City Commission of the City
of Sanford, Florida:
(1) The power to determine an area to be a slum or blighted area.
(2) The power to grant final approval to community redevelopment plans.
(3) The power to authorize the issuance of revenue bonds.
(4) The power to approve the acquisition, demolition, removal, or disposal of property.
(b) The Agency shall file with the City Commission and with the Auditor General, on or
before March 31 of each year, a report of its activities for the preceding fiscal year,
which report shall include at a minimum, a complete financial statement setting forth its
assets, liabilities, income, and operating expenses as of the end of such fiscal year. At
the time of filing of the report, the Agency shall comply with all procedures regarding
notice and publishing as set forth by controlling law.
Sec. 74 -79.
101Page
9 i
See. 7-4 -8 W. Future multi jurisdictional community redevelopment agency.
The City of Sanford, at its option and in accordance with the controlling requirements of
law, may consolidate the Agencv
d+v+siee with a multi - jurisdictional or countywide community redevelopment agency that
may be established in the future by Seminole County. The City shall structure the
eemmun Agency leafed -►eeiw so as to facilitate the consolidation of
the GeMMURity FedeyelepmeRt Agency into a multi - jurisdictional or countywide
community redevelopment agency, and so as to provide for the transfer of any and all
projects, programs, assets, property, funds, obligations, and liabilities to Seminole
County and /or a multi - jurisdictional or countywide community redevelopment agency as
may be established by Seminole County.
Section 2. Savings.
The prior actions of the City of Sanford relating to the implementation of
community redevelopment and the power to engage in community redevelopment
activities are hereby ratified and affirmed.
Section 3. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 4. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
III Page
a �
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 5. Codification.
Except for Section 1, the provisions of this Ordinance shall not become and be
made a part of the Code of Ordinances of the City of Sanford, Florida.
Section 6. Effective Date.
This Ordinance shall become effective 12:00 midnight January 1, 2012.
Passed and adopted this 11 th day of April, 2011.
City Commission of the City of
Sanford, Floridfi
Attest:
! ;I�%I
... - A .�'���'�
�
s
121Page
Approved as to form
and legal sufficiency.