HomeMy WebLinkAboutBrevard County Res 2012-174RESOLUTION NO. 2012- 17 4
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, RELATING TO THE DELEGATION OF
POWERS TO CREATE AND MAINTAIN A COMMUNITY
REDEVELOPMENT AGENCY, MAKING FINDINGS; AUTHORIZING THE
CREATION OF THE CAPE CANAVERAL COMMUNITY
REDEVELOPMENT AGENCY, DELEGATING CERTAIN POWERS;
PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT
RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida law empowers municipalities and counties to create a Community
Redevelopment Agency to improve blighted and slum areas within the community and to
alleviate the conditions created by said areas; and
WHEREAS, Part 111, Chapter 163, Florida Statutes, set forth a procedure for the creation
and operation of a Community Redevelopment Agency; and
WHEREAS, Section 163.410, Florida Statutes, which is part of Part 111, Chapter 163,
Florida Statutes, states in pertinent part that:
163.410 Exercise of power in counties with home rule charters — In any
county which has adopted a home rule charter, the powers conferred by this part
shall be exercised exclusively by the governing body of any such county.
However, the governing body of any such county which has adopted a home rule
charter may, in its discretion, by resolution delegate the exercise of the powers
conferred upon the county by the part within the boundaries of a municipality to
the governing body of such a municipality. Such a delegation shall confer only
such powers upon a municipality as shall be specifically enumerated in the
delegating resolution. Any power not specifically delegated shall be reserved
exclusively the governing body of the county .... (emphasis supplied); and
WHEREAS, effective January 1, 1995, Brevard County became a charter county of the
State of Florida; and
WHEREAS, the Board of County Commissioners (hereinafter the "Board") previously
has authorized, and delegated the County's authority and duly supported the redevelopment
efforts of redevelopment agencies located within its borders including Cocoa, Cocoa Beach,
Melbourne, Merritt Island, Palm Bay, Titusville, and West Melbourne and seeks to continue the
ongoing redevelopment efforts and equitable support of redevelopment activities throughout
Brevard County in order to create job opportunities for Brevard County residents, as outlined
within the Brevard County Comprehensive Plan; and
WHEREAS, on June 19, 2012, the City of Cape Canaveral City Council, based on the
supporting data and analysis and resultant findings in the 2012 City of Cape Canaveral
RES. NO. 2012- 174
Page 2
Community Redevelopment Area Preliminary Finding of Necessity, ackriowledged the existence
of one (1) or more conditions that meet the criteria described in Section 163.340(7) or (8),
Florida Statutes, within the boundary of the Study Area, and determined that the rehabilitation,
conservation or redevelopment, or a combination thereof, of the Study Area by a community
redevelopment agency is necessary and in the best interests of the public health, safety, morals,
or welfare of the residents and citizens of the City of Cape Canaveral with the adoption of
Resolution No. 2012-10; and
WHEREAS, portions of the Study Area identified in the 2012 City of Cape Canaveral
Community Redevelopment Area Preliminary Finding of Necessity are wholly located within the
incorporated portion of Brevard County and said parcels exhibit the existence of one (1) or more
conditions that meet the criteria described in Section 163.340(7) or (8), Florida Statutes; and
WHEREAS, the Board fully supports the ongoing redevelopment activities within the
2012 City of Cape Canaveral Community Redevelopment Area Preliminary Finding of
Necessity area in accordance with the implementation of the Goals, Objectives and Policies of
the adopted Brevard County Comprehensive Plan; and
WHEREAS, the City Council of the City of Cape Canaveral has requested that the
Board authorize redevelopment efforts in Cape Canaveral and delegate certain powers to the City
of Cape Canaveral City Council to create and operate a new Redevelopment Agency as part of
the municipal public body and taxing authority, together with necessary appurtenant
responsibilities, rights and authorities as a governing body serving as a Community
Redevelopment Agency pursuant to Part 111, Chapter 163, Florida Statutes; and
WHEREAS, said Agency is to be known as the City of Cape Canaveral Community
Redevelopment Agency; and
WHEREAS, the boundaries of the aforesaid City of Cape Canaveral Community
Redevelopment Agency are described in Exhibit "A," attached hereto and made a part hereof;
and
WHEREAS, the Board has reviewed the request of the City to delegate certain powers
provided for in Part 111, Chapter 163, Florida Statutes, and to create the City of Cape Canaveral
Community Redevelopment Agency; and
WHEREAS, the Board finds and determines that the establishment of the City of Cape
Canaveral Community Redevelopment Agency would serve a public purpose, support the
County's ongoing commitment to community redevelopment and commitment to encouraging
the creation of job opportunities for Brevard County residents and is consistent with the goals,
policies and objectives of the Brevard County Comprehensive Plan, is otherwise consistent with
the controlling provisions of state law, and that the delegation of said powers set forth in Part 111,
Chapter 163, Florida Statutes, to create and operate the City of Cape Canaveral Community
Redevelopment Agency will promote the public health, safety, welfare, economic order, and
aesthetics, of the community.
RES. NO. 2012- 17 4
Page 3
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Brevard County, Florida:
Section 1. This delegation is in response to a request of the City of Cape Canaveral
and shall acknowledge the sufficiency and completeness of the City's previously furnished
Finding Of Necessity as an indicator of the overall condition of the Study Area as per the criteria
outlined under Chapter 163, Florida Statutes, as amended, or any other law, rule or regulation,
regarding the necessity for redevelopment activities within the subject area, except only as to
Brevard County's consent that the City of Cape Canaveral may create a Community
Redevelopment Agency pursuant to the terms and conditions hereof, and consistency with the
provisions of the Brevard County Comprehensive Plan relative to the creation of Community
Redevelopment Agencies or areas of any actions relating thereto.
Section 2. Pursuant to Sections 163.410 and 163.356, Florida Statutes, and subject to
the conditions set forth in Section 3, below, the Board hereby delegates all powers under Part 111,
Chapter 163, Florida Statutes, to the City Council of the City of Cape Canaveral, Florida, to
create, operate, and maintain the City of Cape Canaveral Community Redevelopment Agency
within that portion of its municipal boundaries that are within the boundaries set forth in Exhibit
"A". Said powers shall include but not to be limited to:
(a) The power to rename or designate the name of said Community Redevelopment Agency;
(b) The power to conduct surveys or other boundary examinations so as to consider
adjustments or modifications of the boundaries of the Community Redevelopment
Agency. Any proposed additional Community Redevelopment Areas or proposed
expansion of the Cape Canaveral Community Redevelopment Area contemplated by this
Resolution shall require that the City seek and request an additional delegating resolution
from the Board;
(c) The power to organize and operate a Community Redevelopment Agency; so generally
described and specified in either Sections 163.356 or 163.357, Florida Statutes;
(d) The power to give public notice, from time to time, as specified in Part 111, Chapter 163,
Florida Statutes;
(e) The power to make a finding of necessity, as specified in Section 163.355, Florida
Statutes;
The power to determine an area to be slum or blighted, or combination thereof, to
designate such area as appropriate for community redevelopment, and to hold any public
hearings required with respect thereto;
(g) The power to grant approval to a community redevelopment plan and modifications
thereof subject to a confirming vote by the Board;
(h) The power to authorize the issuance of, and the power to issue, redevelopment revenue
bonds, all set forth in Section 163.385, Florida Statutes;
(i) The power to approve the acquisition, demolition, removal, or disposal of property as
provided in Section 163.370(4), Florida Statutes, and the power to assume the
responsibility to bear loss as provided therein;
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The power to prepare a community redevelopment plan and modifications thereof, all
pursuant to Sections 163.360, 163.361, 163.362, Florida Statutes;
(k) The power to prepare and give approval to a neighborhood and community -wide plan
(and modifications) thereof, pursuant to Section 163.365, Florida Statutes;
(1) The power to conduct eminent domain or otherwise dispose of property pursuant to
Sections 163.375 and 163.380, Florida Statutes;
(m) The power to create, operate, and maintain a redevelopment trust fund pursuant to
Section 163.387, Florida Statutes, and for the purposes set forth in said section;
(n) The power to make and execute contracts and other instruments necessary or convenient
to the exercise of the powers under Part 111, Chapter 163, Florida Statutes;
(o) The power to disseminate slum clearance and community redevelopment information;
(p) The power to undertake and carry out community redevelopment and related activities
within the community redevelopment area, which may include acquisition of a slum area
or a blighted area or a portion thereof, demolition and removal of buildings and
improvements, installation, construction, or reconstruction of public infrastructure and
the carrying out of other community redevelopment objectives, all as provided for in
Section 163.370, Florida Statutes;
(q) The power to dispose of any properties acquired in the community redevelopment area at
their fair value for uses in accordance with the community redevelopment plan;
(r) The power to provide, or to arrange or contract and to agree to any conditions that it
deems reasonable and appropriate which are attached to Federal financial assistance and
imposed pursuant to Federal law relating to the determination of prevailing salaries or
wages or compliance with labor standards, in the undertaking or carrying out of the
community redevelopment and related activities and to fulfill such conditions as it deems
reasonable and appropriate;
(s) Within the community redevelopment area, the power:
(1) To the extent authorized by law to enter into buildings or property in the
community redevelopment area in order to make inspections, surveys, appraisals,
sounding or test borings and to obtain an order for this purpose from the court of
competent jurisdiction in the event entry is denied or resisted;
(2) To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent
domain, or otherwise any real property (or personal property for its administrative
purposes) together with any improvements thereon;
(3) To hold, improve, clear, or prepare for development of any such property;
(4) To mortgage, pledge, hypothecate, otherwise encumber or dispose of any real
property;
(5) To insure or provide for the insurance of any real or personal property or
operations against any risk or hazards, including the power to pay premiums on
any such insurance;
(6) To the extent authorized by law, to enter into any contracts necessary to effectuate
the purposes of Part 111, Section 163, Florida Statutes, and
(7) To solicit requests for proposals for redevelopment of parcels of real property
contemplated by a community redevelopment plan to be acquired for
redevelopment for purposes by the Community Redevelopment Agency and as a
result of such requests for proposals to advertise for the disposition of such real
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property to private persons pursuant to Section 163.380, Florida Statutes, prior to
acquisition of such real property by the Community Redevelopment Agency;
(t) The power to invest in any community redevelopment fund held in reserve for sinking
funds or any such funds not required for immediate disbursement in property or securities
in which savings banks may legally invest funds subject to their control and to redeem
such bonds as may have been issued pursuant to Section 163.385, Florida Statutes, at the
redemption price established therein or to purchase such bonds at less than redemption
price, all such bonds so redeemed for purchase being cancelled;
(u) The power to borrow money and to apply for and accept advances, loans, grants,
contributions, and any other fonn of financial assistance from the Federal government,
the state, county, city or other public body or from any sources public or private for the
purposes of Part 111, Chapter 163, Florida Statutes, and to give such security as may be
required and to enter and carry out contracts or agreements in connections therewith, and
to include in any contracts for financial assistance with the Federal government for or
with respect to community redevelopment and related activities such conditions and
powers pursuant to Federal law as Brevard County or the City deems reasonable and
appropriate which are not inconsistent with the purposes of this Part 111, Chapter 163,
Florida Statutes;
(v) The power to make or have made all surveys and plans necessary to the carrying out of
the purposes of this part, to contract with any person, public or private, in making and
carrying out such plans, and to accept or approve, modify and amend such plans, with
plans that include the plans specified in Section 163.370, Subsection (2)(h) 1-3, Florida
Statutes;
(w) The power to develop, test, and report methods and techniques, and carry out
demonstrations and other activities for the prevention and the elimination of slums and
other blight and developing and demonstrating new or improved means of providing
housing for families and persons of low income;
(x) The power to apply for, accept and utilize grants or funds from the Federal government
for such purposes;
(y) The power to prepare plans for and assist in the relocation of persons (including
individuals, families, business concerns, non-profit organizations, and others) displaced
from the community redevelopment area and to make relocation payments to or with
respect to such persons for moving expenses and losses of property for which
reimbursement or compensation is not otherwise made, including the making of such
payments financed by the Federal government;
(z) The power to appropriate such funds and make such expenditures as are necessary to
carry out the purposes of Part 111, Chapter 163, Florida Statutes, to zone or rezone any
part of the municipality or make exceptions from building regulations, and to enter into
agreements with a housing authority, which agreements may extend over a period,
notwithstanding any provision or rule of law to the contrary, with respect to any action to
be taken by the City pursuant any of the powers granted by Part 111, Chapter 163, Florida
Statutes;
(aa) The power to close or vacate, or replan streets, roads, sidewalks, ways, or other places
and to plan or replan any part of the City;
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(bb) The power to organize, coordinate, and direct the administration of the provisions of Part
111, Chapter 163, Florida Statutes, as they may apply to the City in order that the
objective of remedying slum and blighted areas and preventing the causes thereof within
the City may be most effectively promoted and achieved and to establish such new office
or offices of the City or to reorganize existing offices in order to carry out such purposes
most effectively;
(cc) The power to exercise all or any part or combination of the powers herein granted or to
elect to have such powers exercised by the Community Redevelopment Agency; and
(dd) With the approval of the City Council of Cape Canaveral, the Community
Redevelopment Agency may, prior to the approval of the community redevelopment plan
or approval of any modification for the said plan, acquire real property in the community
redevelopment area, demolish and renew any structures on the property, and pay all costs
related to the acquisition, demolition, or removal thereof, including any administrative or
relocation expenses, provided that the Community Redevelopment Agency assumes the
responsibility to bear any loss that may arise as a result of the exercise of authority under
Subsection 163.370(3), Florida Statutes, in the event that the real property is not made
part of the community redevelopment area.
Section 3. The delegation of powers herein to the City Council of the City of Cape
Canaveral, Florida, shall also include the power for the City Council to empower said
Community Redevelopment Agency, to conduct any activities pursuant to Part 111, Chapter 163,
Florida Statutes, which a Community Redevelopment Agency would otherwise be empowered
to exercise or conduct pursuant to said statutes. Provided, however, that the authority to have
final approval and undertake activities specified in Section 2(f), (g), (h), (i), and (1) of this
Resolution shall inure in the Cape CanaveralCity Council, and may not be delegated to the Cape
Canaveral Community Redevelopment Agency, except that the City Council may grant to the
Cape Canaveral Community Redevelopment Agency the authorization to issue redevelopment
revenue bonds, all as set forth in Section 163.386, Florida Statutes. Further, said delegation of
powers is limited to be conducted only within the incorporated areas of the City. The officers,
employees, and commissioners of the Cape Canaveral Community Redevelopment Agency shall
be subject to the Code of Ethics, as set forth in Part 111, Chapter 112, Florida Statutes, and
further explicated in Section 163.367, Florida Statutes.
Section 4. Conditions. The delegation of powers set forth in this Resolution is
conditioned upon the following conditions:
A. The City shall be responsible for the administration and operation of the Cape Canaveral
Community Redevelopment Area and all associated administrative and operational costs.
B. The City shall coordinate for the creation and adoption of a Community Redevelopment
Plan in accordance with Chapters 163.360 and 163.346, Florida Statutes.
C. The City shall bear all costs associated with the creation and development of the Cape
Canaveral Community Redevelopment Plan.
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Section 5. Tax Increment Financing Trust Fund. The Cape Canaveral Community
Redevelopment Agency's Tax Increment Financing Trust Fund shall be provided by the City in
accordance with Chapter 163.387(l)(a), Florida Statutes.
Section 6. Term. Unless extended by further resolution of the County Commission,
the Tenn of the Cape Canaveral Community Redevelopment Agency shall be for thirty (30)
years from the City's adoption of the ordinance that establishes the Tax Increment Trust Fund in
accordance with Chapter 163.387(l)(a), Florida Statutes.
Section 7. Retaining of Police Powers. Nothing in this delegation of authority shall
transfer any existing land entitlements, development review or permitting authority from either
the City or the County.
Section 8. Severability Clause. In the event that any term, provision, clause,
sentence or section of this Resolution shall be held by a court of competent jurisdiction to be
partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity,
illegality, or unenforceability shall not affect any of the other or remaining terms, provisions,
clauses, sentences, or sections of this Resolution, and this Resolution shall be read and/or applied
as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not
exist.
Section 9. Resolutions in Conflict. All resolutions or parts thereof that may be
deten-nined to be in conflict herewith are hereby repealed.
Section 10. Effective date. This Resolution shall take effect immediately upon its
adoption.
ATTE5T:
Laurie S. Rice/
Chief Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By: Y1441 A,
Chuck Nelson, Chairman
As approved by the Board 8-21-12