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HomeMy WebLinkAboutcocc_ordinance_no_03-2023_202302211 ORDINANCE NO. 03-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 22 — COMMUNITY 5 DEVELOPMENT TO MODIFY THE DUTIES OF THE BUSINESS AND 6 ECONOMIC DEVELOPMENT BOARD TO INCLUDE SERVING IN THE 7 ROLE OF THE CITY OF CAPE CANAVERAL COMMUNITY 8 REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE 9 PURPOSE AND DUTIES OF THE CITY OF CAPE CANAVERAL 10 COMMUNITY REDEVELOPMENT ADVISORY BOARD; PROVIDING 11 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 12 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 17 law; and 18 19 WHEREAS, the City of Cape Canaveral previously established a Community 20 Redevelopment Agency and Agency Board in accordance with the Community Redevelopment 21 Act of 1969, Part III of Chapter 163, Florida Statutes ("the Act"); and 22 23 WHEREAS, the Agency Board desires to create and appoint an advisory board to assist it 24 in making certain redevelopment decisions under the Act; and 25 26 WHEREAS, the City has previously established a Business and Economic Development 27 Board that consists of members of the community that could also provide relevant and useful 28 advise to the Agency Board on redevelopment matters; and .29 30 WHEREAS, the City Council desires to modify the duties of the Business and Economic 31 Development Board to allow the Board to also serve as the City of Cape Canaveral Community 32 Redevelopment Agency Advisory Board as more specifically set forth herein; and 33 34 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 35 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 36 Cape Canaveral. 37 38 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 39 ORDAINS, AS FOLLOWS: 40 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 41 this reference as legislative findings and the intent and purpose of the City Council of the City of City of Cape Canaveral Ordinance No. 03-2023 Page 1 of 5 1 Cape Canaveral. 2 3 Section 2. Amending Chapter 22 — Community Redevelopment. The City of Cape 4 Canaveral Code of Ordinances, Chapter 22 — Community Redevelopment is hereby amended as 5 set forth below (underlined type indicates additions and strikcout type indicates deletions, while 6 *** indicate deletions from this Ordinance of said Chapter 22 — Community Development that 7 shall remain unchanged in the City Code): 8 9 CHAPTER 22 COMMUNITY DEVELOPMENT 10 11 *** 12 ARTICLE II. — BUSINESS AND ECONOMIC DEVELOPMENT BOARD 13 14 Sec. 22-33. Purpose and duties. 15 The business and economic development board shall serve as a citizen advisory committee 16 and have the purposes and duties to: 17 (1) Provide recommendations to the city related to the implementation of economic and 18 business development policies established by city. 19 (2) Confer with and advise the city on all matters concerning the development of 20 commerce. The board shall encourage high value business investment and job 21 creation in the city and advise the city on actions to undertake in accomplishing this 22 goal. Actions may include identifying barriers to economic development for desired 23 businesses and creation of economic incentives. 24 (3) As may be requested, act as liaison for the city in the area of public relations with the 25 following: 26 a. Cocoa Beach Regional Chamber of Commerce. 27 b. Canaveral Port Authority. 28 c. Economic Development Commission of Florida's Space Coast. 29 d. Other similar organizations or agencies which, in the opinion of the business and 30 economic development board, would be appropriate for such liaison. 31 (4) Determine from existing commercial enterprises in the city and interested outside 32 entities contemplating locating in the city the appropriate and necessary action the 33 city should take to enhance and encourage the further development of the city's 34 commerce and coordinate with and advise pertinent officials and boards in the city as 35 to the implementation of this action. City of Cape Canaveral Ordinance No. 03-2023 Page 2 of 5 1 (5) Advise the city of the advent of any new commercial activity, i.e., new businesses, 2 significant change in existing businesses, etc., in the city's commerce in order that 3 timely and appropriate recognition by the city can be effected. 4 (6) Cooperate with all community groups, which are dedicated to orderly commercial 5 expansion of the city and furnish them with aid and advice as is deemed appropriate. 6 (7) Generally, encourage in any manner the development of business, commerce, industry 7 and tourism in the city. 8 (8) Investigate sources of financial assistance available to the city from the governmental 9 or private sector and assist the city in properly applying and promoting the successful 10 acquisition of the assistance. For the purpose of this article, financial assistance may be 11 in the form of grants, low interest loans or physical property, including that of real or 12 personal nature. Activity in the private sector will be limited to established 13 foundations. 14 (9) Review and consider the merits of applications for economic development ad valorem 15 tax exemptions; make recommendations to the city council as to whether or not to 16 grant the exemption, and if the exemption is granted, the percentage of the 17 exemption and period of time for the exemption; make recommendations related to 18 additional incentives, including, but not limited to development fee waivers and 19 financial contributions. 20 (10) Serve in the ex officio capacity as the "City of Cape Canaveral Community 21 Redevelopment Advisory Board" as more specifically set forth in Section 22-51 of the (adding to the Code) 22 City Code. 23 24 *** 25 ARTICLE IV. — COMMUNITY REDEVELOPMENT 26 27 *** 28 29 Sec. 22-51. — Community Redevelopment Advisory Board. (adding to the Code) 30 31 The city establishes a "City of Cape Canaveral Community Redevelopment Advisory Board" 32 which shall be comprised of the members of the business and economic development board 33 established and composed under article II of this chapter. The community redevelopment 34 advisory board ("board') shall provide advice and recommendations to the board of (adding to the Code) 35 commissioners of the City of Cape Canaveral Redevelopment Agency ("agency board") and have 36 the following purposes and duties: 37 38 Provide recommendations to the agency related to modifying the community 39 redevelopment plan. (adding to the Code) City of Cape Canaveral Ordinance No. 03-2023 Page 3 of 5 1 2 Perform such other duties and responsibilities that may be formally delegated by 3 the agency board related to the implementation of the community redevelopment plan. 4 5 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 6 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 7 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 8 9 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 10 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 11 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 12 and like errors may be corrected and additions, alterations, and omissions, not affecting the 13 construction or meaning of this ordinance and the City Code may be freely made. 14 15 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 16 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 17 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 18 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 19 the validity of the remaining portions of this Ordinance. 20 21 Section 6. Effective Date. This Ordinance shall become effective immediately upon 22 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 23 Charter. 24 25 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 st day 26 of February, 2023. 27 28 (Signature) 29 Wes Morrison, Mayor 30 ATTEST: 31 32 33 (Signature) 34 Mia Goforth, CIVIC) 35 City Clerk 36 For Against 37 Kim Davis X 38 Mickie Kellum Motion 39 Wes Morrison X 40 Angela Raymond X 41 Don Willis Second 42 City of Cape Canaveral Ordinance No. 03-2023 Page 4 of 5 SEAL of Cape Canaveral, Florida 1 2 First Reading: January 17, 2023 3 Advertisement: February 9, 2023 4 Second Reading: February 21, 2023 5 6 Approved as to legal form and sufficiency 7 for the City of Cape Canaveral only by: 8 9 10 (Signature) 11 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 03-2023 Page 5 of 5