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4344 2015 CRA Ordinance 4344 ExtensionOrdinance No. 2015 -4344 An ordinance of the City of Sanford, Florida relating to community redevelopment and reaffirming the finding of the existence of blight conditions in an area of the City; making diverse specific findings and determinations in accordance with the controlling provisions of State law and expressing legislative intent; adopting a Community Redevelopment Plan; finding that the plan conforms to the City's Comprehensive Plan; providing for implementation of the Community Redevelopment Plan; providing for processes, procedures, requirements, limitation of effect and related matters; amending Chapter 74, Article 11, City Code relating to community redevelopment and all matters relating thereto; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for codification and the correction of scrivener's errors; providing for severability and providing for an effective date. Whereas, the Board of County Commissioners of Seminole County has previously delegated authority to the City of Sanford for the establishment, expansion and operation of a Community Redevelopment Agency through the adoption of Seminole County Resolution Numbers 90 -R -213, 93 -R -181, 95 -R -246 and 2009 -R -154, in accordance with the provisions of Section 163.410, Florida Statutes, related to the exercise of community redevelopment powers in counties with home rule charters; and Whereas, the governments of the City Commission and of Seminole County have previously worked in a harmonious, cooperative and collaborative manner on many issues and in many ways and desire to further such positive and beneficial relationship and implementation of projects, programs and activities for the benefit of the citizens of Seminole County and the City of Sanford; and Whereas, a study was completed that confirms conditions of blight in that part of the City of Sanford {the "Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area") as more particularly described in Exhibit "A" and depicted in Exhibit "B"; and Whereas, the results of that study have been presented and adopted by the City Commission of the City for its consideration and are included in the public record; Fwq- Whereas, the results of that study have been presented to the Board of County Commissioners of Seminole County for its consideration and included in the public record; and Whereas, a community redevelopment plan as contemplated by Part III, Chapter 163, Florida Statutes, the "Community Redevelopment Act of 1969," was prepared 1995 which addresses the redevelopment needs original to the City of Sanford's Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area; and Whereas, an update of the 1995 community redevelopment plan has been prepared, through close coordination with Seminole County, the City of Sanford and the CRA Board, to address conditions of blight that are still present within the City of Sanford's Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area; and Whereas, on April 2, 2015 the City of Sanford Planning and Zoning Commission, acting as the City's Local Planning Agency for the purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, determined the proposed Community Redevelopment Plan is in conformity with the 2 1 Pa �n City's Comprehensive Plan for the City as a whole and recommended the approval of the proposed Plan; and Whereas, the Sanford Community Redevelopment Agency considered the proposed community redevelopment plan on May 6, 2015, recommended approval of the proposed Community Redevelopment Plan; and Whereas, a copy of the proposed Community Redevelopment Plan was submitted by the Community Redevelopment Agency to the Board of County Commissioners of Seminole County, as the governing body of Seminole County, Florida, the St. Johns River Water Management District; the City of Sanford; and the Seminole County Public Schools; as taxing authorities which levy ad valorem taxes on taxable real property located in Seminole County; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance and the public hearings held in relation to this Ordinance and has conducted all reviews and analysis in accordance with the controlling provisions of State law; and Whereas, the actions taken in this Ordinance are consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford, and Whereas, the notices required by Section 163.346, Florida Statutes, and other controlling law have been published, noticed and mailed as required; and Whereas, the City Commission of the City of Sanford conducted public hearings on June 8 and June 22, 2015, to consider the proposed Community Redevelopment Plan; and 3 1 Page Whereas, for purposes of this Ordinance, underlined type shall constitute additions to the original text, *** shall constitute ellipses to the original text and stFikethmugh text shall constitute deletions to the original text; provided, however, that sections with all new text, codified or not, shall not be legislative scored and shall note that all of the text is in the original. Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida: Section 1. General Legislative Findings And Intent; Finding of Conformance; Finding of Adequacy of Recreational Facilities and Community Policing Innovations; Finding of No Anticipated Residential Displacement; Finding of Maximum Opportunity; Finding of Effect on Private Enterprise. (All original text). (a). The recitals set forth above in the "whereas clauses" are hereby adopted as legislative findings of the City Commission of the City of Sanford. (b). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this Ordinance. (c). The City Commission of the City of Sanford hereby finds, determines and declares that the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area Community Redevelopment Plan for the Community Redevelopment Area conforms to the Comprehensive Plan of the City as required by controlling State law and is consistent with the goals, objectives and policies of the City's Comprehensive Plan. (d). The City Commission of the City of Sanford hereby finds, determines and declares that the Sanford Community Redevelopment Plan for the Lake Monroe 4 1 P a 1., o Waterfront Downtown Sanford Community Redevelopment Area Community Redevelopment Plan gives due consideration to the provision of adequate park and recreational areas and facilities that are desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the area addressed by the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area Community Redevelopment Plan and gives due consideration to the utilization of community policing innovations in the general vicinity of the area addressed by the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area Community Redevelopment Plan. (e). The City Commission of the City of Sanford hereby finds, determines and declares that the Sanford Community Redevelopment Plan for the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area does not anticipate or propose any activities that will have the potential to displace residents who currently reside within the general vicinity of the area addressed by the Community Redevelopment Plan. (f). The City Commission of the City of Sanford hereby finds, that although the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area Community Redevelopment Plan contemplates that most improvements shall be undertaken by the City or the Community Redevelopment Agency, or the two entities in collaboration, the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area Community Redevelopment Plan will afford the maximum opportunity consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise to the 5 1 P a. - e extent contemplated by the Sanford Community Redevelopment Plan. (g). The City Commission of the City of Sanford hereby finds, determines and declares that the proposed Community Redevelopment Plan for the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area will afford maximum opportunity, consistent with the sound needs of the City of Sanford as a whole, for the rehabilitation or redevelopment of the Community Redevelopment Area by private enterprise. (h). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. text). Section 2. Adoption of Community Redevelopment Plan. (All original (a). The Lake Monroe Waterfront Downtown Sanford Community Redevelopment Plan as set forth in Exhibit "C ", having been duly received and considered as provided by law, is hereby approved and adopted. Said Plan is hereby designated as the official Sanford Community Redevelopment Plan for the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area. It is the purpose and intent of the City Commission that the Sanford Community Redevelopment Plan be implemented in the Community Redevelopment Area in accordance with the controlling provisions of State law. (b). The Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the Community Redevelopment Area; zoning 6 1 Pa-e, and planning changes, if any; land uses; maximum densities; and building requirements. Section 3. C. The provisions of Chapter 74, Article 11 of the City Code area amended to read as follows: Sec. 74-54. - Established. There is hereby established and created in accordance with the provisions of F.S. § 163.387, a Lake Monroe Waterfront and Downtown Sanford Community Redevelopment Trust Fund hereafter referred to as the "fund." Sec. 74-65. - Use of funds. (a) 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" as created by 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 and as contained in the approved plan for redevelopment as provided by controlling F 7 1 P ia c� (b) No Seminole County tax revenues, equivalent revenues, or any other County funds of any kind shall be used in any way to fund the Community Redevelopment Agency nor any of said Agency's programs or projects except as specifically identified in the Community Redevelopment Plan tendered to the County. In no event may the City _pledge or assert any interest in any Seminole County revenues or funds without the express written consent of the Board of County Commissioners or with regard to the tax increment revenues deriving to the City_ (c) All uses of revenues deposited in the fund shall be evaluated by the Treasurer of the Agency and Agency legal counsel who shall certify that the use of the funds are consistent with the Community Redevelopment Plan. Sec. 74 -56. - Appropriations; administration. (a) 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 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 the percentage approved by the Board of County Commissioners in its delegation of authority resolution erne of the difference between: f) fD The amount of ad valorem taxes levied each year by the City and by Seminole County, exclusive of any amount from any debt service millage, on taxable 8 1 P a. -(� real property contained within the geographic boundaries of the Lake Monroe Waterfront and Downtown Sanford Community Redevelopment Area; 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 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 as shown by the most recent assessment roll used in connection with the taxation of such property by the City and Seminole County prior to the effective date of this subdivision, providing for the funding of the fund. 4s4 (b) 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. (d) 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, 9 1 Pa.„;e expeditiously and without undue delay, utilize said fund for its allocated statutory purpose subject to annual budgetary approval by the City Commission. {e3 ) 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. ff) e) 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. The City Manager is hereby delegated authority to enter memorandums of agreement with the agency in order to provide for the provision of administrative and other services to the agency with all costs being reimbursed to the City by the agency. (f) All uses of revenues deposited in the fund shall be evaluated by the Treasurer of the Agency and Agency legal counsel who shall certify that the use of the funds are consistent with the Community Redevelopment Plan. Sec. 74 -75. - City of Sanford Community Redevelopment Agency. (a) The City of Sanford Community Redevelopment Agency is hereby created and established. (b) In accordance with Section 163.410, Florida Statutes, the Agency shall exercise only such powers as conferred by delegation to the City of Sanford by the Board of County Commissioners of Seminole County. The City Commission shall be 10 1 P 'a. g e charged with, and solely responsible for, making any and all necessary findings relative to the actions taken with regard to the creation and operation of the Agency and an and all actions taken subsequent to the creation of the Agency and continued operation of said Agency. (c) Any proposed additional community redevelopment areas or any proposed expansion of the Community Redevelopment Area as contemplated, shall require that the City seek and request an additional delegating resolution from the Board of County Commissioners of Seminole County in accordance with controlling State laws which action shall not be deemed or construed, in any way, as a general delegation by Seminole County of any powers nor a pledge of any Seminole County funds or revenues to be used by the City, the Agency or within the Community Redevelopment Area except with regard to tax increment revenues as specifically dedicated and allowed to be used by the City by formal action of the Board of County Commissioners in accordance with the controlling provisions of State law. Sec. 74-76. - Composition of the agency. (a) The City Commission shall appoint the members to of the agency in accordance with the delegation of authority to the City as approved by the Board of County Commissioners of Seminole County , whiGh shall GORSiSt of a total of five members. Two of the five Fnember-s shall be nominated by the Board of Cow* Commissioners of SemiRele GeuRty and appGinted by the City GOMMissien. The E)t thFee members shall be nemwnated and appGoRted by the City W (b) Any person may be appointed as a member if he or she resides or is engaged in business, which means owning a business, practicing a profession, or 111 Pa - e performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the City's of SaRferd corporate limits. (b) (c) The City Commission shall designate a chairperson, and vice chairperson and Treasure from among the members of the agency or the staff of the Agency, with regard to the Treasures, and the agency shall advise the City Commission at such time as it desires to designate its officers. 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 or such terms as may be provided in the delegation of authority issued by the Board of County Commissioners of Seminole County. (b) The City Commission may remove a member of the agency for inefficiency, neglect of duty, or misconduct in office only in the manner prescribed by law. Sec. 74 -78. - Duties and responsibilities. (a) The agency shall be the redevelopment agency to carry out the redevelopment of 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 actions taken in accordance with the controllinq provisions of law SerniRele GOURty BeaFd of GeuRty GemmissioneFs from time -to -time. W ) The agency shall exercise all the powers necessary or convenient to carry out and effectuate the purposes and provisions of community redevelopment 12 1 .f' a. a c= and related activities consistent with the delegation of authority issued by the Board of County Commissioners of Seminole except the fallowiRg WhiGh shall be vested iR the consistent with the delegation of the Board of County Commissioners: (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) (c) The agency shall file with the City Commission and with the auditor general as well as all other agencies and entities as may be required by controlling law, 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. (d) The Agency shall provide the Board of County Commissioners of Seminole County and the City Commission written notification in a timely fashion of any proposed actions activities or projects that may be deviate from the prof cts programs and priorities that have been identified within the latest adopted Community Redevelopment Plan prior to the undertaking of a potentially deviating_ project, program or activity' provided however, that, this provision shall not be construed to permit any actions not compliant with controlling State law which prohibits any expenditures from 13 1 P za e the Community Redevelopment Trust Fund for any expenditure that is non consistent with the Community Redevelopment Plan. (e). Any future updates, if any, of the Community Redevelopment Plan shall be developed in close coordination with the Seminole County Board of County Commissioners of Seminole County and/or their designated staff representatives to identify shared development objectives, potentially complementary or competing projects or other issues and concerns as may be determined co-gent by the Seminole County Board of County Commissioners of Seminole County in accordance Section 163.361, Florida Statutes. Sec. 74-79. - Future multi jurisdictional community redevelopment agency. 190 (a) Should Seminole County create, in the future, a Community Redevelopment Agency with jurisdiction over the Community Redevelopment Area, the delegation of the Board of County Commissioners of Seminole County shall automatically terminate and expire and the Agency shall terminate and cease to exist in 14 1 P a , e tn accordance with whatever schedule Seminole County may establish when creating a new Community Redevelopment Agency. In such event, the City shall unwind and transfer its projects programs and activities to the successor Community Redevelopment Agency. (b) The Agency shall ensure that all of its projects, programs and activities into any multi -jurisdictional or Countywide Community Redevelopment Agency that may be established in the future by Seminole County. To that end, all documents of creation and implementation of the Agency shall provide for the contingent future transfer of any and all projects programs, activities, assets, property, funds, obligations and liabilities to Seminole County and /or a multi - jurisdictional or Countywide Community Redevelopment Agency established by Seminole County; provided, however, that any funds on account at the time of termination, expiration, or dissolution of the Agency that are not encumbered or pledged as security for any indebtedness shall be transferred to the City for use as the City deems fit consistent with the controlling provisions of State law, within the Community Redevelopment Area; provided, further, however, that any real or personal property that has been purchased with Agency funds shall become the property of the City unless pledged or encumbered and Agency shall take any and all necessary actions to implement those transfers. Section 4. Use of Eminent Domain. (All original text). The City Commission of the City of Sanford hereby acknowledges that any potential use of the powers of eminent domain by the City shall be in accordance with Section 73, Florida Statutes, and the taking private property for the purpose of preventing or eliminating slum or blight conditions is not a valid public purpose or use 15 1 Page for which private property may be taken by eminent domain and does not satisfy the public purpose requirement of Section 6(a), Article X of the Constitution of the State of Florida. Section 5. Liability. (All original text). Nothing contained herein shall impose any liability upon Seminole County for any acts of the City or the Community Redevelopment Agency. Section 6. Implementing Administrative Actions. (All original text). (a). The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to include, but not be limited to, the adoption of administrative policies, procedures, processes and rules. (b). The City Manager may enter into such intergovernmental agreements and memoranda of understandings as may be necessary and appropriate to implement the provisions of this Ordinance. Section 7. Savings. (All original text). The prior actions of the City of Sanford in implementation of community redevelopment projects, programs and activities as well as all related are hereby ratified and affirmed. Section 8. Severability. (All original text). 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 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 16 1 Page unconstitutional. Section 9. Codification; Scrivener's Errors. (All original text). (a). This Ordinance shall be codified in the City Code of the City of Sanford; provided, however, that Sections 7, 8, 9 and 10 shall not be codified. The Code Codifier is granted broad and liberal authority to change section numbers is in the current City Code and to take other appropriate actions as set forth in Section 1 -10 of the City Code. (b). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. Section 10. Effective Date. (All original text). This Ordinance shall take effect immediately upon passage and adoption; provided, however, that the Community Redevelopment plan set forth herein shall be implemented only upon the Board of County Commissioners approval of a delegation of authority resolution subsequent to the effective date of this Ordinance and on or before December 31, 2015. Passed and adopted this 22 day of June, 2015. City Commissio of the City of Sanford, Florida Seminole ountl Florida Jeff 17IPage Attest: CyntA Porter, City Clerk 18 1 Page