HomeMy WebLinkAbout734-17-92 Corridor Redevelopment MULTI-PARTY INTERLOCAL AGREEMENT
ESTABLISHING THE
U.S. HIGHWAY 17-92 CORRIDOR REDEVELOPMENT PLANNING AGENCY
THIS MULTI-PARTY 'INTERLOCAL AGREEMENT is made and entered
into this 3/ day of i'~C / ,' 1998, by and between the CITY
OF CASSELBERRY, a municipal corporation created under the laws of
the State of Florida, whose address is 95 Triplet Lake Drive,
Casselberry, Florida 32707, the CITY OF LAKE MARY, a municipal
corporation created under the laws of the State of Florida, whose
address is Post ~ffice Box 950700, Lake Mary, Florida 32795-0700,
the CITY OF SANFORD, a municipal corporation created under the
laws of the State of Florida, whose address is Post Office Box'
1788, Sanford, Florida 32772-1788, the CITY OF WINTER SPRINGS, a
municipal corporation created under the laws of the State of
F2orida~ whose address is 1126 Enst State Road 434, WinLet
Springs, Florida 32708, hereinafter collectively referred to. as
the "CITIES," the UNITED STATES HIGHWAY 17-92 CORRIDOR COb~ITY
REDEVELOPMENT AGENCY, whose address is 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as the "CRA," and
S~INOLE COUNTY, a political subdivision of the -State of.
Florida, whose address is-Seminole County Services BUilding, 1161~
East First Street, 'Sanford, FlOrida 32771, hereinafter referred
to as the "COUNTY."
WHEREAS, the Board of County Commissioners of Seminole
County, Florida (the "Board of County Commissioners") determined
that the United States Highway 17-92 Corridor Conununity
Redevelopment Area (the "Redevelopment Area" - as defined by in
Resolution 97-R-120 and Resolution 97-R-130) is a blighted area
CE~!T!F!ED COPY
MA~¥~F~NE ~ORSE
CLFe~ OF CIRCUIT COURT
1 SEMIfiOLE COUNTY, FLORIDA
appropriate for community redevelopment programs and projects
pursuant to Chapter 163, Part III, Florida Statutes; and ~'
WHEREAS, on June 24, 1997, the Board of County Commis-
sioners adopted Resolution 97-8-130, which established the United
States Highway 17-92 Corridor Community Redevelopment Agency (the
"CRA"), pursuant to Section 163,357, Florida Statutes; and
WHEREAS, the Board of County Commissioners, acting as the
CRA for the Redevelopment Area, caused to be prepared a Community
Redevelopment Plan for the United States Highway 17-92 Corridor
Community Redevelopment Area (the "Redevelopment Plan"), and
identified in the Redevelopment Plan particular elements of a
Community Redevelopment Project to be financed from Tax Increment
Revenues; and
WHEREAS, on December 16, 1997, the Board of County
Commissioners enacted Ordinance No. 97-54, which adopted the-
Redevelopment Plan for the Redevelopment Area; and
WHEREAS, on December 16, 1997, the Board of County
Commissioners enacted Ordinance No. 97-55, which authorized the
establishment of a Redevelopment Trust Fund (the "Trust 'Fund") as
provided for in section 163.-387, Florida Statutes, in which tax
increment revenues deriving from the Redevelopment Area will be -
deposited for the purposes of financing particular elements of
the Community Redevelopment Project; and
WHEREAS, on the following dates the diverse city commissions
of the CITIES adopted the following resolutions which, pursuant
to Section 163.356, Florida Statutes, concurred in the
Redevelopment Plan adopted by the Board of County Commissioners,
so that the portions of the Redevelopment Area and the programs
and projects of the Redevelopment Plan that fall within or which
will be implemented within the corporate limits of the CITIES
will function as intended by the COUNTY and the CITIES: (1) CITY
OF CASSELBERRY (December 15, 1997 in Resolution Number 97-1078),
(2) CITY OF LAKE MARY (December 18, 1997 in Resolution Number
589), (3) CITY OF SANFORD (December 22, 1997 in Resolution Number
1775), and (4) CITY OF WINTER SPRINGS (November 24, 1997 in
Resolution Number Unassigned); and
W'~EREAS, the COUNTY and the CITIES wish to enter into this
Interlocal Agreement in order to establish a partnership,
consistent with the provisions of Chapters 125, 163, and 166
Florida Statutes, and other applicable law for the purposes of
carrying out the intent of the Redevelopment Plan, and to set
forth the manner in which the COUNTY and the CITIES Hill
cooperate to accomplish the goals of the Redevelopment Plan;
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Redevelopment Planning Agency.
(a) The Board of County Commissioners of the COUNTY, acting
as the CRA, shall establish a United States Highway 17-92
Corridor Redevelopment Planning Agency (the "RPA") consistent
with the terms of this Interlocal Agreement, the purpose of the
RPA and the provisions of this Interlocal Agreement being to
provide the CITIES with the full opportunity for participation in
decisions made by the CRA relative to the approval of programs
and projects as well as the use of the power of eminent domain
within any of the CITIES.
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(b) The RPA shall consist of five (5) members, one (1)
member being appointed by each of the CITIES, and one (1) member
being appointed by the COUNTY.
(c) Each of the CITIES and the COUNTY shall also be
entitled to appoint an alternate RPA member who will be have the
right to attend all RPA meetings and vote in place of that local
government's absent RPA member in the event of any absence from
any meeting of the RPA.
(d) (1) The term of appointment for each member of the RPA
shall be four (4) years, and each member shall serve such term
unless the member moves out of or ceases to conduct business
operations in the respective City or Seminole County, or
otherwise becomes unable to serve; provided, however, that the
serve staggered terms having the
initial appointees shall
following durations:
CITY OF CASSELBERRY
CITY OF LAKE MARY
CITY OF SANFORD
CITY OF WINTER SPRINGS
The.COUNTY
One (1) year;
Two (2) years;
Three ( 3 ) years;
Four ( 4 ) years; and
Four ( 4 ) years.
(2) Subsequent to the completion of the initial terms, _
all terms shall be four (4) years in duration.
(e) No person may serve more than two (2) consecutive four
(4) year terms on the RPA.
(f) tf any position on the RPA becomes vacant, a replacement
shall be appointed by the governing body of the respective local
government jurisdiction to complete the unexpired portion of the
member vacating his or her position on the RPA.
(g) The members of the RPA shall serve without compensation;
provided, however, that RPA members shall be entitled to be
reimbursed for travel and other expenses in accordance with the
provisions of State law and County Ordinance.
(h) The RPA shall conduct its business and meetings
according to the By-Laws attached hereto as Exhibit "A."
(i) The RPA shall be a body governed by the provisions of
the Florida Constitution and the Florida statutes relating to
public officers and shall operate and conduct its ~eetings in
accordance with the laws applicable to public bodies including,
but without limitation, all provisions of law pertaining to open
meetings (the "Sunshine Law"), public records, the ethical
conduct of public officers, and financial disclosures of public
officials.
Section 2. Qualifications of RPA Members.
(a) Any person may be appointed as a member of the RPA if
he or she is a resident of or is engaged in business within the
jurisdictional limits of the COUNTY or of the particular City
making the appointment. For the purposes of this subsection'
"engaged. in business" means .Owning a business, practicing a
profession, performing a service for compensation, or serving as '
an officer or director of a corporation or other business entity
so engaged.
(b) Persons who hold other public office or public
employment may serve on the RPA unless prohibited by State law.
Section 3. RPA Staffing. The COUNTY shall initially provide
adequate staffing to support the activities of the RPA; provided,
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however, that the RPA may seek the retention of experts and
professionals to assist it in its efforts and request the
approval of the CRA for the retention of such persons.
Section 4. Duties of the RPA and Procedures Relating
Thereto.
(a) All proposals and projects relating to redevelopment in
the Redevelopment Area shall be initially filed with the RPA.
Projects and proposals may derive from and be submitted by the
staff of the COUNTY, the staff of any of the CITIES, an RPA
member, a CRA member, a developer of property located within the
Redevelopment Area, or an owner of real property located within
the Redevelopment Area. In order to be acted upon, a proposal or
project must be reasonably thorough and complete such that any
actions in eminent domain which woa!d be reasonably required to
implement the proposal or project would be specified in the
materials supporting the proposal or project.
(b) Upon receipt of a submission for a proposal or project
to be' performed partially or wholly within the corporate limits
o~ any of the Cities, the RPA shall thereupon forward. the
proposa-1 or project to the appropriate City wherein 6he proposal
or project will occur if approved.
(c) If a city does not approve the proposal or project, 'it
shall notify the RPA. Action relating to the approval or
rejection of a proposal or project shall be taken by a City
within sixty (60) days of the date that the proposal or project
was received by the City. Failure to act within the prescribed
time period shall be deemed to be a denial of the program or
project.
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(d) If a City fails to approve a proposal or project, the
RPA shall forward a notice of such action to the CRA, and the CRA
shall not further proceed with the subject proposal or project.
(e) If a City approves a proposal or project the approval
shall also encompass any and all eminent domain actions or
proceedings that may be necessary to accomplish the proposal or
project.
(f) The RPA shall have the opportunity to review all
projects and proposals relating to redevelopment projects for any
property within the Redevelopment Area to be funded from the
Trust Fund.
(g) With regard to specific area redevelopment proposals or
projects, the RPA shall consider, without limitation, all
pertinent redevelopment issues including, but not limited to, the
following:
(1) whether the proposal or project is consistent with
the' Redevelopment Plan adopted by the Board of County
Commissioners and concurred in by the CITIES, as it may be
modified from time to time;
__ (2) whether the proposal or project wfll afford
maximum opportunity for participation by private enterprise;
(3) whether the proposal or project will contribute t~
the effort of eliminating blight in the Redevelopment Area;
(4) whether the proposal or project will advance the
economic development or tourism development of the Redevelopment
Area; and
(5) whether the proposal or project will result in
increasing the valuation of property within the Redevelopment
Area.
(h) The RPA shall consider the reasonable connection
between the contribution of the COUNTY and each of the CITIES to
the Trust Fund and the expenditures from the Trust Fund for
redevelopment improvements to properties located in the COUNTY
and each of the CITIES, with the goal of achieving a reasonably
equitable distribution of Trust Fund monies within the
jurisdictional limits of each and all of the parties to this
Interlocal Agreement over the term of the implementation of the
Redevelopment Plan.
(i) With regard to each specific area redevelopment
proposal or project, 'the RPA shall forward to the CRA, within
thirty (30) days of receipt of a City's action relative to the.
proposal or project if such action by a City is required hereby,
a determination regarding such proposal or project' which
discusses the criteria set forth in this Section.
~ (j) The members of the RPA shall take. action to approve or
disapproy~. each proposal or project by a majority vote of all of
the members of the RPA.
(k) The COUNTY may designate any agency, committee,
department or person to prepare proposals or projects, but final
recommendation to the CRA of the adoption of such proposal or
project shall be the responsibility of the RPA consistent with
the rights of the CITIES' as set forth herein.
(1) To the extent permitted by law, RPA members shall be
permitted to vote on any and all matters coming before the RPA,
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but shall have any and all djties and responsibilities relative
to the disclosure of any conflicts of interest pertaining to such
votes which may arise Under State law.
(m) It is the intent of the parties that, unless
specifically prohibited by Florida law, that the terms and
provisions of the Redevelopment Plan will not supercede any
provisions of any of the CITIES' comprehensive plans, land
development regulations, zoning codes, or land development codes,
and that each of the CITIES shall retain sole and exclusive
authority over comprehensive planning, zoning and land
development decisions made within the respective jurisdictional
boundaries of each City.
Section 5. CRADuties and Obligations to the RPA.
(a) The CPA shall not take any action on any redeve3opment
proposal or project inconsistent with the provisions of this
Interlocal Agreement.
(b) The CRA shall ensure that the RPA has been provided with
the information and resources necessary to provide the RPA with a
r~asonable opportunity to consider all specific proposals and-
projects for capital improvements within the Redeve~lopment Area
and 'funded by Trust' Fund'revenues and to make a determination
relating to same in accordance with the provisions of this
Interlocal Agreement.
(c) In the event that the RPA does not approve a proposal or
project, the CRA may not expend funds from the Trust Fund for
such proposal or project.
Section 6. CRA's Eminent bomain Powers.
(a) In the exercise of its authority under Section 163.375,
Florida Statutes, real' property located within any of the CITIES
shall not be acquired by the COUNTY or the CRA by means of the
exercise of the power of eminent domain without first obtaining
the approvals required in this Interlocal Agreement relative to
the planned action.
(b) In the event that any of the CITIES act adversely with
regard to the COUNTY or the CRA requesting authority to file an
eminent domain action to further the efforts of the CRA within
the particular City's jurisdictional limits, neither the COUNTY
nor the CRA may proceed with such eminent domain action.
(c) Notwithstanding the provisions of Subsections (a) and
(b) of this Section, upon proposal or project being approved by a
City in whose jurisdictional limits a project or proposal. is
located and the RPA, all eminent domain actions reasonabiy
necessary to accomplish the proposal or project shall also be
deemed approved.
~ Section 7. Distribution of Trust Fund at Termination of
RedevelOpment Plan. At the time that the Redevelopment Plan
completed and the CRA is terminated in accordance with the
provisions of State law, if any unspent and unencumbered funds
remain in the Trust Fund, all of such funds shall be distributed
to the COUNTY and the CITIES in the same proportion as the tax'
increment contribution made during the term of operation of the
CRA.
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Section 8. Minimum CRA O~ganizational Requirements.
(a) The CRA shall hold an annual meeting on the second
Tuesday in December of' each year at the hour of 7:00 p.m. unless
otherwise determined by a majority vote of the CRA.
(b) The CRA may have special meetings at the call of the
Chairperson of the CRA or upon the written request of a majority
of the CRA members.
(c) Notices for all meetings of the CRA shall be in writing
and all members of the RPA shall be provided written notice of
CRA meetings at the same time and in the same manner as the
members of the CRA are provided such notice.
(d) A quorum of the CRA shall constitute three {3) members.
(e) All actions of the CRA shall be accomplished by 'a
majority vote of the CRA with a quorum being present for such
vote.
(f) No member of the CRA shall receive compensation for any
services provided to the CRA; provided, however, that CRA members
shall be entitled to be reimbursed for travel and other expenses
i~ accordance With the provi.sions~ of State law and County.
ordinan. c.e. .. -.
(g) The staff o'f the-CRA shall be provided by the COUNTY at
no expense to the CRA.
(h) The Board of County Commissioners shall designate the
Chairperson and Vice-Chairperson of the CRA and the Chairperson
and Vice-Chairperson shall have all authority and powers relative
to the activities of the CRA which the Chairperson and Vice-
Chairperson of the Board of County Commissioners have relative to
the activities of the COUNTY.
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(i) To the extent permiEted by law, CRA members shall be
permitted to vote on any and all matters coming before the CRA,
but shall have any and all duties and responsibilities relative
to the disclosure of any conflicts of interest pertaining to such
votes which may arise under State law.
(j) The fiscal year of the CRA and the accounting principles
used in the accounting practices and procedures of the CRA shall
be the same as used by the COUNTY.
(k) The CR~ shall adopt an annual budget which shall, at a
minimum, reflect the proposals and projects set forth in the
Redevelopment Plan which have been approved pursuant to the
provisions of this Interlocal Agreement, the repayment of any CRA
indebtedness, and overhead and administrative costs.
(1) All books and records of the CRA shall De open for
public review and inspection in accordance with the provisions of
State law.
Section 9. Dispute Resolution Procedures. In the event
that any dispute arises relative to the matters set forth in this
~nterlocal Agreement, any party may invoke the dispute resolution
procedures set forth in the interlocal
"Interlocal Agreement on Mediation and
Coordination" which is dated July 24, 1995.
Section 10. Term. This Interlocal Agreement shall be in
effect so long as the CRA continues to function under the
provisions of Florida law.
Section 11. Severability. If any provision of this
Interlocal Agreement shall be held invalid or unenforceable to
agreement entitl'~d
Intergovernmental
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any extent, the same shall not affect in any respect whatsoever
the validity or enforceability of the remainder of this
Agreement.
Section 12'. Entire Agreement/Amendments. This Interlocal
Agreement represents the entire agreement of the parties
notwithstanding any prior oral or written understandings by and
between the parties or any of their officers, agents or employees
and may be amended only by a written instrument of equal dignity
herewith.
IN WITNESS WHEREOF, the parties have executed this
Interlocal Agreement in six (6) counterparts on the dates set
forth below..
ATTEST:
TH E._~MA M ... HERSON, Clerk
ATTEST:
CAROL A. FOSTER, Clerk
t~,_proved by,
is,,'
ATTEST:
CITY OF CASSELBERRY, FLORIDA
BRUCE PRONOVOS~, Hayor
ITY2~OF~ Y, FLORIDA
ME1 , Mayor
-By:
~~~ [E.~~RING : .
PAUL P. PARTYKA, ~
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RTTEST:
ATTEST:
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
LG/gn
7/1/98
,,--r792CRA. DOC
UNITED STATES ~IGHWAY 17-92
COMMUNITY tIEDEVELOPMENT
By:A~//~
BOARD OF COUNTY COMMISSIONERS
, FLORIDA
By: '
RANDALL C. MORRIS, Chairman
Date:
As authorized for ~xecution by
the Board of County Commis-
sioners at their regular
Meeting of ~~ , 1998.
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(, 1999 J,~ 2 7 ~t 9: ~ If
PLANNING AND DI::V£LOPMENT DEPARTMENT
COMPREHENSIVE PLANNING DI VISION
January 25, 1999
Ms. Janet R. Dougherty
City Clerk
City of Sanford
PO Box 1788
Sanford, FL 32772-1788
Re: Multi-Party Agreement Establishing the U.S. 17-92 Redevelopment Planning Agency
Dear Janet:
Attached is the Multi Party Agreement establishing the U.S. 17-92 Redevelopment Planning
Agency, executed by all entities and recorded by the Seminole County Commission Records.
If you have any questions, please contact me at 665-7387.
Sincerely,
Staff Assistant
SH:bjh
Attachment
1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 321-1130 EXT 7371 FAX 324-4818