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ORDINANCE NO. 2001-128

AN ORDINANCE OF THI: CITY OF CORAL SPRINGS PROMULGATED PURSUANT TO PART III OF THE COMMUNITY REllEVl:LOPMENT ACT, CHAPTER I63, FLORillA STATUTES DECLARING THE NEED FOR A COMMUNITY REllEVELOPMENT AGENCY, ESTABLISHING TllE BOUNDARIES OF A COMMUNITY REDEVELOPMENT AGENCY AS DESCRIBED IN EXHIBIT "A", ESTABLISHING THE COMMUNITY REDEVELOPMENT AGF.r>CY, ITS ORGANIZATION AND PROCEDURES, AND DELEGATING TO THE COMMUNITY REDEVELOPMENT AGENCY CERTAIN POWERS AS NECESSARY AND APPROPRIATE FOR COMMUNITY RF.DEVELOPMENT.

\\'l!t:REAS, the City Commission of lhc City of Coral Springs adopted Resolution No. 2001-018, containing findings of necessity, approving a slum and blight study, and requcshng Uroward County 10 delegate the exercise of all powers and responsibilities conferred to the County by Section !63.410, Florida Stututc, to the City for the purpose~ of estahlishing a Community Re<le\·c!opmcnt Agency and the preparation of a Redevelopment Plan, and

WHl~REAS, Broward County adopted Resolution No.2001-538, delegating to the City Commission of the Ctty of Coral Springs the authority to adopt a resolution declaring the need for a community redi.:velopn1ent agency within the City, to create a community redevelopment agency, 10 appoint its board, to adopt procedures, and to prepare a community redevelopment plan, and

WH ERFAS, the City Commission of the City of Coral Spnngs has determined that there is a need for a community redevelopment agency within the City, and

WJIEREAS, the City Commission has detcnnincd that the Community llcdevclopmcnt Arca for the City of Coral Springs shalt be the area depicted on Exhibit A, attached hereto and incorporated herein. and

WHEREAS, the City Commission has commcnct:d the preparation of a lledevctopmcnt Plan for the Community Redevelopment Arca,

NOW, THEREFORE, llE IT ORDAINED HY THE CITY COMMISSION OF THE CITY OF CORAL SPRINGS, BROWARD COUN"l'Y, FLORIDA, as follows

Section I. The foregoing findings arc hereby confirmed and incorporated herein by reference.

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Section 2. Communitv RcdevcloJ!!!!.ent Agency F:stablished. A new Chapter 23 of the City of Coral Springs Code ol" Ordinances, to be entitled "Con1mun1ty Redevelopment," is hereby enacted to read as follows:

Article J General Provisions

Sec. 23-1. Declaration of Intent It is the intent of the City of Coral Springs to t.:reatc a Community Redevelopment Agency and to prepare and adopt a Community Redevelopment Plan in order to achieve the goals and objectives of Resolution No. 2001-018 and Resolution No. 2001-538 of Broward County and the purposes of Part Ill of the Community Redevelopmi::nt /\ct, Chapter 163, Florida Statutes.

Sec. 23-2 - 23.4. Reserved

Article II Community Redevelopment Agency

Sec. 23·5. Community Redevelopment Agency Estahlished. A Community Redevelopment Agent:y for the City of Cora! Springs. which shall havi: all the rights, powers, duties, privileges and immunities vc~ted by Part Ill of the Con1mun1ty lledevelopm~nt Act, Chapter 163, r lorida Statutes, is heri:hy est<iblished. The Community Redevelopment Agency shall be a separale, distinct and independent li:gal entity and shall be known a'i the City of Coral Springs Community Redevelopment Agency and shall be referred to in the City's Code as the "Agency"

Sec. 23-6. Definitions.

(a) "Agency" shall mean the Community Redevelopment Agency established by the City Commission of the City of Coral Springs pursuant to the provisions of this Chapter.

(b) "Board" shall mean rhe governing body of the Community Redevelopment Agency.

(c) "Community Redeve!opmcnl Area" shall n1can the area portrayed on Exhibit A hereto, legally described in the Community Redevelopment Plan, and subjccl to a Resolution of Necessity, adopted as Resolution 2001-0 I 8 by the City of Coral Springs on March 6, 2001.

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(d) "Community Redevc!op1ncn1 Plan" shall n1ean the plan for redevelopment adopted by the City Commission of the City of Coral Springs pursuant to the provisions of this Chapter and the provisions of 163.360, Florida Stntutes (c) "Member" or "Board Member" .shall mc<.1n the individuals appointed by the City Commis~ion of the City of Cor..tl Springs as the cornm1ss1oners composing th!.! Board as provided bys. 163.385, Fla. Stal. (200\) und 1his L.'haplcr.

Sec. 23-7. Organization of the Community_Rede\·clopmcnt Agency Board

(a) Composition of Board: ·me Agency shall be governed by a !3oard composed of seven (7) persons, appointed by the City of Coral Springs City Commission.

(b) Terms: l'he terms of office for the members of the Board shall be four (4) years; provided however, lhat three (3) of the members first appointed shall be designated to serve terms of one (l), two (2) and three (3) years respectively from the date of their appointment Each member shall hold office until his or her successor has been appointed and has qualified. A cert1ficat1on of the appointment or reappointment of any member shall be filed \Vtth the City Clerk and such certificate is conclusive evidence of the due and proper appoinunent of such member.

(c) Qualifications of Members: 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 pcrfonning a service for compensation, or serving as an officer or director of a corpora1ion or other business entity so engaged, within the area of operation of the Agency and !he City. One (I) of the members shall be experienced in finance, one ( l) in real estate, one (l) in retad business and one (I) in urban design.

(d) Compensation: No members shall receive compensation for services, bul is entitled to the necc~sary expenses, including travel expenses, incurred in the di~chargc of his or her duties.

Sec. 23-8. Powers of the Board: The Board shall exercise the following powcrs:

(a) Prior to a Community Redevelopment Plan being approved by Broward County's Board of County Commissioners:

(1) to employ an Executive Director, technical experts and such other agents and employees as the Board deems necessary for the Agency;

(ii) lo employ or ri:tain legal counsel and staff,

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(iii) 10 receive and administer funds from the Ctty or other sources and make such expenditures as the Board deems necessary, for the administrative expenses and overhead of the Agency; and

(iv) to prepare and recommend the adoption of a Community Redevelopment Plan to the City Commi::ision, in accordance with the provisions of Sec. 23-.163.360, Fla Stat. (200 I).

(b) Afler the Community Redevelopment Plan is approved by Broward County's Board of County Commissioners: all po\.vcrs which are capable of being exercised by community redevelopment agencies as set forth in Sec. 23-163.340 through 163.395, Fla. Stat. (2001} unless the Board of County Commissioners reserves any such powers in its Resolution delegating permanent pG\l.'Crs to the Agency pursuant to Sec. 23-163.410, Fla. Stat. (200 I)

(c) After the Community Redevelopment Plan is approved by Broward County's Board of CoWlty Commissioners: the power to acquire by condemnation any interest in real property. including a fee simple title interest, is hereby expressly delegated tu the Agency whenever it deems such interest necessary for, or in connccllon with, community redevelopment and related activities pursuant to the provision~ of Section l 63.375, Fla. Stat. (2001 ).

(d) After the Community Redevelopment Plan is approved by Broward Cowity's 11oartl of County Commissioners: the power to approve the acquisition, den1o!ition, removal, or tlisposal of property and the power to assume the responsibility to bear toss as provided in s. 163.370(3) is hereby expressly delegated to the Agency;

(e) The l3oard may not exercise the following powers:

(i) the power to determine an area to be a slum or blighted area, or combination thereat; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto;

(ii) the power to grant final approval to community redevelopment plans and modifications thereof;

(iii) the power to approve the development of community policing i11I1ovations.

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(t) ! he UoarU m<1y not exercise the po\ver to authoriLc the issuance of revenue bonds, us provided ins. 163.385, Fla. Stat. (2001) without the prior approval of the City Commission.

Sec. 23~9. Procedures of the Board.

(a) Quorum. A maJority of the l~oard's members constitutes a quorum for the purpose of conducting business and exercising the powers of the Agency and fOr all other purposes. Action may be taken by !he Agency upon the vote of a majority of the members present, unless the bylaws of the lloard require a larger number.

(b) Chair and Vice Chair: The City Commission of the City of Cora! Springs shall designate a chair and vice chair from among 1he members of the Board.

(1) l'he Chair shall be the presiding officer, when present and eligible, at all meetings of the Board.

(ii) ·rhe Vice Chair shall become the Chair pro-tempore in the absence of the Chair at any meeting of the Roard.

(e) Staff. ·rhc noar<l of the Agency may employ an executive director, technical experts, legal staff and such other agents and employees, pcnnanent and temporary, as it requires, and determine their qualifications, duties and compensation.

(d) Meetings Annually the Board shall establish a schedule of regular meeting:.. Special meetings may be called by the Chair, any three Board members or the Executive Director whenever, in their opinion, Board business requires ii At least \\Venty-four hours notice and the nature or purpose of the special meeting shall ~ delivered to the Board and the public.

(e) Governing Rules. Except as 01hcrw1se provided by this section, the me1hods or organiz.ation and the conduct of business of the Board shall be governed by Robert's Rules oj Order Newly Revised, 1990 edition.

(f) Public Hearings. All public hearings and meetings of the Agency shall be conducted in accordance with the requirements of City Code and as provided by law,

(g) Annual Report. The Agency shall file with the City Commission and with the Auditor General, on or before March 31 of t!ach year, a report of ils activities for the preceding fiscal year, which report shall include a complete financial sta1cment setting forth 11s assets, liabilities, income, and

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operating expenses as of the end of such fiscal year. At the time of filing of the report, the Agency shall publi:,h in a news paper of genera! circulation in the City a notice to the effect that such report has been filed with the City and that the report is uvailahlc for inspection during busincs) hours tn the office of the City Clerk and in the office of the Agency.

Sec. 23-10. Severability. If any section or portion of a section of this Ordinance is declared to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of the Ordinance.

Sec. 23-11. Effective ))ate. This Ordinance shall become effective upon approval of the City Commission.

PUllLISHED the -~k~- day of __;O~c~f.~·~--· 2001.

PASSED FIRST READING the _!If_ day of Od. ,200 I.

PASSED SECOND READING the r;, day of Abv , • 2001

CITY OF CORAL SPRINGS, FLORIDA

Unanimous ~Motion/2nd

Yes No Mayor Sommcrer Vice Mayor Berk Commissioner Stradling Commissioner Calhoun Commissioner Polin

Doc 59875 O 200l-128(a)

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