HomeMy WebLinkAboutOrdinance No. 23-2012ORDINANCE NO. 23-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES
TO CREATE A NEW ARTICLE RELATED TO
COMMUNITY REDEVELOPMENT; ESTABLISHING A
REDEVELOPMENT TRUST FUND FOR THE CAPE
CANAVERAL COMMUNITY REDEVELOPMENT AGENCY;
PROVIDING FOR THE FUNDING OF A REDEVELOPMENT
TRUST FUND FOR COMMUNITY REDEVELOPMENT
WITHIN THE COMMUNITY REDEVELOPMENT AREA;
PROVIDING FOR ADMINISTRATION OF THE
REDEVELOPMENT TRUST FUND; DETERMINING THE
TAX INCREMENT TO BE DEPOSITED IN THE
REDEVELOPMENT TRUST FUND; ESTABLISHING THE
BASE YEAR FOR DETERMINING ASSESSED VALUES OF
PROPERTY IN THE COMMUNITY REDEVELOPMENT
AREA FOR TAX INCREMENT PURPOSES; PROVIDING
FOR THE ANNUAL APPROPRIATION OF THE TAX
INCREMENT BY CERTAIN TAXING AUTHORITIES IN THE
COMMUNITY REDEVELOPMENT AREA; APPOINTING
THE GOVERNING BODY OF THE COMMUNITY
REDEVELOPMENT AGENCY AS THE TRUSTEE OF THE
REDEVELOPMENT TRUST FUND; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VI11, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on August 21, 2012, the Cape Canaveral City Council adopted Resolution No.
2012-16 finding that one or more blighted areas exist within the City of Cape Canaveral and that the
rehabilitation, conservation or redevelopment, or a combination thereof, of such areas is necessary
in the interest of the public health, safety, morals or welfare of the residents of the City; and
WHEREAS, Resolution No. 2012-16 created the Cape Canaveral Community
Redevelopment Agency to carry out the redevelopment purposes specified in Chapter 163, Part I11,
Florida Statutes, within the redevelopment area legally described in that Resolution; and
WHEREAS, on December 18, 2012, the City Council adopted the Cape Canaveral
Redevelopment Plan pursuant to applicable law and the County's delegation of authority set forth
City of Cape Canaveral
Ordinance No. 23-2012
Page 1 of 5
in Brevard County Resolution No. 2012-174; and
WHEREAS, in order to plan and implement community redevelopment within the
Community Redevelopment Area, it is necessary that a redevelopment trust fund be established and
created for said area as provided in section 163.387, Florida Statutes; and
WHEREAS, notice of the City of Cape Canaveral's intent to create a redevelopment trust
fund has been given to all taxing authorities consistent with the requirements of section 163.346,
Florida Statutes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 22, Community Development, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 22. COMMUNITY DEVELOPMENT
ARTICLE IV. COMMUNITY REDEVELOPMENT
Sec. 22-50. Redevelopment Trust Fund.
In accordance with the provisions of the Community Redevelopment Act of 1969, Part III
of Chapter 163, Florida Statutes ("the Act"), there is hereby created a Community Redevelopment
Trust Fund ("Fund"), which Fund shall be utilized and expended for the purposes of and in
accordance with the Cape Canaveral Community Redevelopment Plan ("Plan"), including any
amendments or modifications thereto approved pursuant to applicable law and pursuant to the
County's delegation of authority set forth in Brevard County Resolution No. 2012-174, as may be
amended.
City of Cape Canaveral
Ordinance No. 23-2012
Page 2 of 5
(a) The funds to be allocated to and deposited into the Fund shall be used to finance
community redevelopment within the Community Redevelopment Area ("Area") according
to tax increment revenues attributed to the Community Redevelopment Area, which shall be
appropriated by the Cape Canaveral Community Redevelopment Agency ("Agency"). The
Agency shall utilize the funds and revenues paid into and earned by the Fund for community
redevelopment purposes as provided in the Plan and as permitted by law. The Fund shall
exist for the duration of the community redevelopment undertaken by the Agency pursuant
to the Plan to the extent permitted by the Act. Funds shall be held in the Fund by the City
of Cape Canaveral and on behalf of the Agency, and disbursed from the Fund as provided
by the Agency.
There shall be paid into the fund each year by all taxing authorities within the Area,
the incremental increase in ad valorem taxes levied each year by those taxing authorities, as
calculated in accordance with this Ordinance and section 163.387, Florida Statutes, based
upon the 2012 tax year as set forth herein.
(c) The most recent assessment roll used in connection with the taxation ofproperty prior
to the effective date of this Ordinance shall be the preliminary assessment roll of taxable real
property in Brevard County, Florida, prepared by the Property Appraiser of Brevard County,
Florida, and filed with the Department of Revenue pursuant to section 193.1142, Florida
Statutes, reflecting valuation of real property for purposes of ad valorem taxation as of
January 1, 2012 ("base year value"), and all deposits into the Fund shall be in the amount of
tax increment calculated as provided herein based upon increases in valuation of taxable real
property from the base year value.
All taxing authorities, except as otherwise exempt by law, shall annually appropriate
to and cause to be deposited in the Fund the tax increment determined pursuant to the Act
and this Ordinance at the beginning of each fiscal year thereof as provided in the Act. The
obligation of each taxing authority to annually appropriate the tax increment for deposit in
the Fund shall commence immediately upon the effective date of this Ordinance and continue
to the extent permitted by the Act so long as any indebtedness pledging "increment revenue"
have been paid.
(e) The tax increment shall be determined and appropriated annually by each taxing
authority required to pay monies to the Fund, and shall be an amount equal to ninety-five
percent (95%) of the difference between:
That amount of ad valorem taxes levied each year by each taxing authority,
exclusive of any debt service millage, on taxable real property contained within the
geographic boundaries of the Community Redevelopment Area; and
That amount of ad valorem taxes which would have been produced by the rate
upon which the tax is levied each year by or for each taxing authority, exclusive of
any debt service millage, upon the total of the assessed value of the taxable real
City of Cape Canaveral
Ordinance No. 23-2012
Page 3 of 5
property in the Community Redevelopment Area as shown upon the most recent
assessment roll used in connection with the taxation of such property by each taxing
authority, prior to the effective date of this Ordinance.
The funds shall be established and maintained as a separate trust fund by the Agency
so that the Fund may be promptly and effectively administered and utilized by the Agency
expeditiously and without undue delay for its statutory purpose pursuant to the Plan.
The governing body of the Agency shall be the trustees of the Fund and shall be
responsible for the receipt, custody, disbursement, accountability, management, investments
and proper application of all monies paid into the Fund.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and
any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective upon adoption by the
City Council of the City of Cape Canaveral, Florida and upon the Cape Canaveral Redevelopment
Plan receiving final approval by the City Council and such approval being confirmed by a vote of
the Brevard County Board of County Commissioners consistent with its delegation of authority set
forth in Brevard County Resolution No. 2012-174.
[EXECUTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 23-2012
Page 4 of 5
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
December , 2012. � C)4
Rocky Randels, Mayor
ATTEST:
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AN LA Af P S N,,City Clerk
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First Readin. rt' `4ember 20, 2012
t ►a
Legal Ad published: November 22,1012
Second Reading: December 1 R x(112
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGA14fSE, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 23-2012
Page 5 of 5
For Against
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Motion
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Second