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HomeMy WebLinkAboutBack-Up from Law DeptThe 2019 Florida Statutes Title XIII Chapter 189 View Entire PLANNING AND UNIFORM SPECIAL DISTRICT Chapter DEVELOPMENT ACCOUNTABILITY ACT 189.056 Downtown development districts; ad valorem taxation.— (1) It is the intent of the Legislature to encourage the revitalization of downtown areas within large municipalities where the societal ills associated with urban blight are most prevalent. However, in recognition of the traditionally broad home rule power exercised by charter counties, the Legislature intends that this section apply only to certain counties. (2) The governing body of a municipality with a population of more than 400,000, as determined by the Office of Economic and Demographic Research, and located in a county as defined in s. 125.011(1) may, by ordinance, levy an ad valorem tax of up to 0.475 mill on the taxable value of all real and personal property located in a downtown development district to help finance the operation of the district. The district's millage may not exceed 0.475 mill and may not exceed the limitations contained in s. 200.001(8)(d) for dependent special districts. History.—s. 1, ch. 2015-43. • Chapter 14 - DOWNTOWN DEVELOPMENTM Footnotes: City Code cross references —Development impact fees, ch. 13; Overtown redevelopment trust fund, § 18-261 et seq. Law review reference —Note on constitutional urban redevelopment, 13 Fla. L. Rev. 344. • ARTICLE I. - IN GENERAL • Secs. 14-1-14-25. - Reserved. • ARTICLE II. - DOWNTOWN DISTRICT • DIVISION 1. - GENERALLY • Sec. 14-26. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Authority: The downtown development authority, the body corporate hereby created by this article, known as the downtown development authority board of the city. Board: The governing body of the authority selected as herein provided. Central business district: The area in the city to which this article primarily relates, zoned and used principally for business. Director: The chief executive officer of the authority selected by the board as herein provided. Downtown: A specifically defined area or zone of the city in the central business district, established by the city. Governing body: The commission of the city. Planning board: The department or agency of the city, by whatever name such department or agency may be known, which is chiefly responsible for community planning. Public facility: Any street, park, parking lot, playground, right-of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, building, including access routes to any of the foregoing designed and dedicated to use by the public generally, or used by any public agency with or without charge, whether or not the same is revenue producing. (Code 1967, § 13-1; Code 1980, § 14-16) • Sec. 14-27. - Boundaries designated. The Downtown District described as follows shall be under the jurisdiction and control of the Downtown Development Authority: Begin at the intersection of the centerline of NW 5th Street and NW 3rd Avenue (east of 1-95); thence run southerly along the centerline of NW 3rd Avenue and the easterly side of 1-95 to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler Street to the centerline of the Miami River; thence meandering southeasterly along the centerline of said Miami River to a point of intersection with the westerly Right -of -Way line of Metro Rapid Transit Right -of -Way (formerly Florida East Coast (FEC) Railroad Right -of -Way) said Right -of -Way line being 50 feet westerly of and parallel with the centerline of said Metro Rapid Transit Right -of -Way; thence run southerly and southwesterly along said westerly Right -of -Way line of Metro Rapid Transit to the intersection with the centerline of SW 15th Road; thence southeasterly along the centerline of 15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella Development Subdivision (107-14); thence northeasterly, northwesterly, and northeasterly along said westerly line of Costa Bella to the intersection with the southerly Right -of -Way line of SE 14th Lane; thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and easterly Right -of -Way line of SE 14th Lane and SE 14th Terrace to the intersection with the northwesterly property line of Lot 31, Block 2 of Amended plat of Point View as recorded in Plat Book 2 at Page 93 of the public records of Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 31, to the northeasterly side of the existing ten -foot alley in Block 2 of said Point View; thence southeasterly along the northeasterly side of said ten -foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of Point View; thence northeasterly along said line of Lots 4 and 5 and its prolongation thereof to the centerline of SE 14th Street; thence southeasterly along said centerline of SE 14th Street to a point of intersection with the existing bulkhead and shoreline of Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne Bay to a point of intersection with the southerly boundary of Claughton Island Bridge; thence easterly along the said southerly Right -of -Way line of Claughton Island Bridge to the intersection with the westerly bulkhead line of Claughton Island, said bulkhead line being part of the Miami -Dade County bulkhead line as recorded in Plat Book 73 at Page 18 of the public records of Miami -Dade County, Florida; thence southerly, easterly, northerly, and westerly, following said existing bulkhead and its westerly prolongation thereof around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay; thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and the Miami River to the intersection with the easterly Right - of -Way line of the Metro Rapid Transit line of Brickell Avenue Bridge (SE 2nd Avenue); thence north along said bridge to the existing bulkhead on the corner of said Lot 1; thence northwesterly across a 10 foot -wide alley to the northeasterly corner of Lot 6 of Block 8 of Miramar amended as recorded in Plat Book 5 at Page 4 of the public records of Miami -Dade County, Florida; thence northwesterly along the northerly line of said lot 6 and its northwesterly extension to its intersection with the centerline of Sevilla Street (NE 4th Avenue) of said Miramar amended (5- 4); thence southwesterly along the centerline of said Sevilla Street (NE 4th Avenue) to its intersection with the centerline of Vedado Street (NE 4th Avenue) of said Miramar amended (5-4); thence northerly along the centerline of NE 4th Avenue (Vedado Street); thence northerly along the centerline of NE 4th Avenue to its intersection with the centerline of NE 19th Street; thence westerly along the centerline of NE 19th Street to a point of intersection with southerly extension of the easterly lot line of Lot 4 of Block 1 of Miramar amended as recorded in plat book 5 at page 4 of the public records of Miami -Dade County, Florida; thence northerly along the easterly lot line of Lot 4 and its extension thereof to the southerly lot line of Lot 8 of Coral Park as recorded in Plat Book 2 at Page 66 of the public records of Miami -Dade County, Florida; thence easterly along the southerly lot line of Lot 8 to the southeast corner of said Lot 8; thence northerly along the easterly Lot line of Lot 8 to the southerly Right -of -Way line of NE 20th Street; thence easterly along the southerly Right -of -Way line of NE 20th Street to the southerly extension of the easterly lot line of Lot 7 of said Coral Park (2-66); thence northerly along the easterly lot line of Lot 7 and its extension thereof to the northeast corner of Lot 7; thence westerly along the northerly lot line of Lot 7 to a point of intersection with the southerly extension of the easterly lot line of Lot 7 of Block 4 of Bayside Park amended as recorded in Plat Book 2 at Page 40 of the public records of Miami - Dade County, Florida; thence northerly along the easterly lot line of Lot 7 and its extension thereof across a 15-foot-wide alley to the northeast corner of Lot 7; thence continuing northerly across the Right -of -Way of NE 20th Terrace to the southeast corner of Lot 7 of Block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of Lot 7 to the northeast corner of said Lot 7; thence across a 15-foot-wide alley to the southeast corner of Lot 5 Block 3 of Bayonne Subdivision as recorded in Plat Book 2 at page 35 of the public records of Miami -Dade County, Florida; thence northerly along the easterly Lot line of Lot 5, and the northerly extension of its easterly lot line thereof, to the centerline of NE 21st Street; thence easterly along the centerline of NE 21st Street to a point of intersection with the southerly extension of the easterly lot line of Lot 3 of Block 1 of Bayonne Subdivision (2-35); thence northerly along the easterly lot line and its extension thereof, to the southerly lot line of tract A of Caruso Subdivision as recorded in Plat Book 79 at page 23 of the public records of Miami -Dade County, Florida; thence easterly along the southerly tract line of tract A to the southerly extension of the easterly Right -of -Way line of NE 4th Avenue; thence northerly along the easterly Right -of -Way line of NE 4th Avenue and its extension thereof to the centerline of NE 24th Street; thence westerly along the centerline of NE 24th Street to the centerline of NE 2nd Avenue; thence southerly along the centerline of NE 2nd Avenue to the centerline of NE 17th Street; thence westerly along the centerline of NE 17th Street and NW 17th Street to the northerly shoreline of the Miami River; said bulkhead line also being the southerly boundary of the Dupont Plaza Center and Miami Center joint Venture property; thence northeasterly along the southerly boundary of Dupont Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly property line of Chopin Associates and Miami Center Limited Partnership; said property line being along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the bulkhead line of Bayfront Park and the Bayfront Park Miamarina to a point of intersection with the southerly Right -of -Way line of State Road A-1-A (Douglas Macarthur Causeway); thence easterly along the southerly Right -of -Way of said Douglas MacArthur Causeway to its intersection with the easterly Right -of -Way line of the Intercoastal Waterway, said point also being the westerly line of the submerged parcel of land of the NW quadrant of Watson Island as shown on the boundary survey of NW quadrant upland and submerged parcel (City of Miami miscellaneous file 61-398); thence southerly along the easterly Right -of -Way line of said Intercoastal Waterway to a point of intersection of the turning basin limit with the northerly line of the Miami main ship channel, said point also being approximately 500 feet west of the westerly bulkhead line of Watson Island and 1,200 feet southerly of the south Right -of -Way line of Douglas MacArthur Causeway, as per O.R.B. 2454, pages 77-79; thence northeasterly, southeasterly, and northeasterly along the southeasterly line of said NW quadrant of Watson Island to the most easterly corner of said NW quadrant of Watson Island, said corner being on the southwesterly Right -of -Way line of Douglas Macarthur Causeway; thence northwesterly and westerly along the said Right -of -Way line to the northwest corner of said NW quadrant of Watson Island; thence westerly along the southerly Right -of -Way line of the state road A-1-A (Douglas Macarthur Causeway) to the bulkhead line of Biscayne Bay; thence northerly along the bulkhead line of Biscayne Bay to a point of intersection with the centerline of NE 17th Street extended easterly; thence westerly along the centerline of NE 17th Street and its extension thereof to a point of intersection with the centerline of North Bayshore Drive; thence northerly along the centerline of North Bayshore Drive to its intersection with the centerline of NE 17th Terrace; thence northwesterly along the centerline of NE 17th Terrace to its intersection with the southwesterly extension of the northwesterly line of Lot 2 of block 1 of Seaport as recorded in Plat Book 149 at 79 of the public records of Miami -Dade County, Florida; thence northeasterly along the northwesterly line of said Lot 2, and it's said southwesterly extension thereof, to the southwesterly corner of Lot 1 of Block 1 of said Seaport (149-79); thence southeasterly and easterly along the southerly line of said lot 1 and its easterly extension to its intersection with the centerline of North Bayshore Drive; thence northeasterly along the centerline of North Bayshore Drive to its intersection with the southeasterly extension of the northerly line of said Lot 1 of Block 1 of said Seaport (149-79); thence northwesterly along the northerly line of said Lot 1, and its said southeasterly extension thereof, to the northwesterly easterly Right -of -Way fine of the FEC Railroad; thence southerly along the easterly Right -of -Way line of the FEC Railroad to the centerline of NW 5th Street thence westerly along the centerline of NW 5th Street to the point of beginning. All lands situated and lying in Miami -Dade County, Florida. (Ord. No. 12307, §§ 2, 3, 12-12-02; Ord. No. 13871, § 2, 11-21-19) Editor's note— Ord. No. 12307, §§ 2, 3, adopted December 12, 2002, repealed and reenacted-§ 14-27 in its entirety to read as herein set out. Formerly, � 14-27 pertained to similar subject matter and derived from the Code of 1967, § 13-2; Ord. No. 9650, § 1, adopted July 8, 1983; Ord. No. 9835, § 1, adopted May 24, 1984; Ord. No. 10575, § 1, adopted April 27, 1989, and the Code of 1980, § 14-17. • Sec. 14-28. - Property subject to ad valorem taxes for payment of city's general obligation debts, etc. All real property located within the central business district shall be subject to ad valorem taxes to pay the principal and interest on all existing general obligation debts of the city and any future debts which may be authorized by law. (Code 1967, § 13-3; Code 1980, § 14-18) • Sec. 14-29. - Powers of city cumulative. All powers conferred upon the city by this article are and shall be supplemental and in addition to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof. (Code 1967, § 13-4; Code 1980, § 14-19) • Secs. 14-30-14-50. - Reserved. • DIVISION 2. - DOWNTOWN DEVELOPMENT AUTHORITY • Sec. 14-51. - Downtown development authority created. Pursuant to Laws of Fla., ch. 65-1090, there is hereby created the downtown development authority of the city, which authority shall be a body corporate with the power to sue and be sued in all the courts of the state and shall have its own corporate seal. (Code 1967, § 13-5; Code 1980, § 14-25) State Law reference— Act authorizing creation of downtown development authorities in certain cities, Laws of Fla., ch. 65-1090, set forth in pt. I, subpt. C, art. I of this volume. • Sec. 14-52. - Downtown development authority board —Composition; appointment and terms of office of members and executive board; filling of vacancies. (a) The affairs of the authority shall be under the direct supervision and control of a board consisting of 15 members, appointed, and confirmed, by the city commission in the manner indicated in subsection (b) below. (b) The board shall be constituted by 15 members as follows: (1) The city commission, at large, shall appoint one of its members to be the chairperson of the board and the 15th member thereof. The chairperson of the authority shall have the power to appoint the chairperson(s) to the various committees which the authority shall have the power to establish from time to time. (2) One member may be appointed by the board of county commissioners of Dade County and submitted to the city commission for confirmation. (3) One member may be appointed by the cabinet of the state and submitted to the city commission [for] confirmation. (4) The remaining 12 members shall be appointed by the then current board of directors of the authority and submitted to the city commission for confirmation. At least eight of the 12 appointees must be property owners, as provided in section 14-53. The board shall include at least one member from each sub -district created by the authority from time to time. A proposed member shall not be a member of the board of directors of the authority until confirmed by the city commission. In the event that an appointee is rejected by the city commission, then the board shall appoint a successor(s) until all 12 seats are filled by appointees who are confirmed by the city commission. (5) In the event the city commission does not reject a proposed member appointed by the board of county commissioners or by the cabinet of the state within the next two meetings of the city commission taking place after the date the city commission is notified of such appointment, then said appointee shall be deemed confirmed by the city commission. If, however, any such appointee is rejected by the city commission within the aforementioned period, then the board of county commissioners and/or the cabinet of the state shall have a period of ten days, after being notified of the rejection, in which to appoint a replacement, who shall be again subject to confirmation by the city commission. In the event that the appointee is, again, rejected by the city commission, then the board of directors of the authority shall have the right to fill the vacant position(s) in the manner provided in subsection (6). (6) In the event that the board of county commissioners or the cabinet of the state fails to appoint a member within 30 days from the date that the nomination is requested by the board of the authority, or within ten days after being notified of the rejection of a nominee, then the board may appoint proposed members(s) for said positions. The proposed members for the county and state seats shall be individuals who, in the opinion of the board, have the necessary qualifications and credentials to represent the board of county commissioners and/or the cabinet of the state. The appointee(s) shall be submitted to the city commission for confirmation, and shall be deemed confirmed unless the appointment is rejected by the city commission within the next two meetings of the city commission taking place after the date the city commission is notified of said appointment. In the event of a rejection, the board shall have the right to continue to submit the name of appointee(s) until confirmation by the city commission. (c) Members shall serve terms of four years expiring on August 31 of the fourth year of their term. Members shall serve a maximum of eight consecutive years, provided that upon the unanimous vote of the board, the city commission may, by unanimous vote, extend the term of a member for one additional period of four years. Notwithstanding the foregoing, members who, as of the effective date of this section, have served on the board for a period in excess of eight years shall be permitted to finish their term and may serve for one additional period of four years upon the unanimous vote of the board and the city commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. (d) Quorum shall consist of five members. Rules of procedure of the board may require up to nine members to be present in person or by telephone to take board action. (Code 1967, § 13-6; Ord. No. 9067, § 1, 2-12-80; Ord. No. 9071, § 1, 2-28-80; Ord. No. 9705, § 1, 10-25-83; Ord. No. 9869, § 1, 7-31-84; Ord. No. 10424, § 1, 4-14-88; Ord. No. 10534, § 1, 1-12- 89; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11043, § 1, 3-11-93; Ord. No. 11064, § 1, 5-27-93; Ord. No. 11130, § 10, 3-24-94; Ord. No. 11151, § 1, 5-23-94; Code 1980, § 14-26; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No. 11564, § 7, 10-28-97; Ord. No. 11692, § 2, 7-21- 98; Ord. No. 11734, § 2, 12-8-98; Ord. No. 12519, § 3, 4-8-04; Ord. No. 12905, § 2, 4-12-07) • Sec. 14-53. - Same -Qualifications of members. (a) Except for the seats to be filled by the city commission, the board of county commissioners, or the cabinet of the state, all members of the board shall (1) reside; or (2) work; or (3) own (or be the designated representative of the owner of) a business; or (4) own (or be the designated representative of the owner of) real property in the downtown district, as described in section 14-27 of this article II. For purposes of this section, a person shall be deemed to 'own real property" where the person is the owner of the fee simple title, or owns the leasehold interest on the property under a lease having an original term of at least 30 years. All members of the board shall be individuals of outstanding reputation for integrity, responsibility and business ability and acumen. No officer or employee of the city, other than one member of the city commission, shall be eligible for appointment to the board. (b) Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the city. (Code 1967, § 13-7; Ord. No. 10714, § 1, 3-8-90; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11189, § 2, 10-27-94; Code 1980, § 14-27; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No. 11692, § 2, 7-21-98) • Sec. 14-54. - Same —Meetings; rules and regulations; compensation of members. The board shall adopt and promulgate rules governing its procedures subject to approval by the city commission and shall hold regular meetings no less often than once each month, except for any month in which the city commission is not in session. Special meetings may be held when called in the manner provided in the rules of the board. All meetings of the board shall be open to the public. Each member of the board shall serve without compensation. (Code 1967, § 13-8; Code 1980, § 14-28; Ord. No. 12905, § 2, 4-12-07) • Sec. 14-55. - Same —Removal of members. Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise a board member as to the basis for his or her removal and after reasonable notice to the board member and an opportunity for the member to be heard, the city commission or the board of directors, may remove a board member: (1) For cause; (2) Upon the occurrence of an event hat causes the member to cease to meet their qualification criteria set forth in section 14-53; or (3) As otherwise provided by law. For purposes of this section, being absent from three consecutive regular board meetings or from four regular board meetings during a calendar year shall constitute good cause for removal. (Code 1967, § 13-9; Ord. No. 9363, § 1, 1-14-82; Ord. No. 11130, § 10, 3-24-94; Code 1980, § 14- 29; Ord. No. 11538, § 3, 9-9-97; Ord. No. 12905, § 2, 4-12-07) • Sec. 14-56. - Same —Powers and duties. (a) The board, subject to the provisions of this article, and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation for profit. It shall exercise supervisory control over the activities of the executive director and the staff of the downtown development authority in carrying out the functions authorized by this article. (b) It shall be the duty of the board, and it shall have the power, to do the following: (1) Appoint an executive director; prescribe his/her duties; and fix his/her compensation, which shall be paid from funds available to the authority. The staff members shall be employed by the executive director, and shall have no civil service rights or privileges. (2) Prepare an analysis of economic changes taking place in the central business district of the city. (3) Study and analyze the impact of metropolitan growth upon the central business district. (4) Plan and propose, within the downtown area, public improvements of all kinds, including renovation, repair, remodeling, reconstruction or other changes in existing buildings which may be necessary or appropriate to the execution of any such plan which in the opinion of the board will aid in the economic growth of the downtown area. (5) To implement as provided in this article any plan of development in the downtown area as shall be necessary to carry out its functions, except that when funds are required the approval of the city commission is required. (6) In cooperation with the planning advisory board and zoning board of the city and the planning department of the city, develop long range plans designed to halt the deterioration of property values in the central business district, and take such steps as may be necessary to persuade property owners to implement such plans to the fullest extent possible. (7) Retain and fix the compensation of legal counsel to advise the board in the proper performance of its duties. The general counsel of the downtown development authority as authorized in this article shall be a practicing attorney at law admitted to the practice of law in the state. He/she shall represent the authority in all suits or actions brought by or against the authority involving the jurisdiction, power, duties, functions or activities of the authority, or of the city, under the terms of this article. (8) To make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties. (9) Borrow money on a short-term basis to pay expenses of operation following the assessment and levy and prior to collection of the tax herein authorized, and to issue evidences of indebtedness, such loans to be signed by the chairperson and the secretary of the authority. Prior to the issuance of evidence of indebtedness for such loans, the board shall first present the plan and need therefor and the commission of the city must approve such evidence of indebtedness by an appropriate resolution. The rate of interest to be paid by the authority on any such debt shall be the lowest rate of interest available not to exceed six percent per annum. The authority shall hold the city harmless with respect to any debt created hereunder. (Code 1967, § 13-10; Ord. No. 8665, § 1, 6-21-77; Code 1980, § 14-30; Ord. No. 12905, § 2, 4-12- 07; Ord. No. 13676, § 2, 4-27-17) • Sec. 14-57. - Same —Additional powers and duties. In addition and supplemental to the powers provided in section 14-56, the authority acting through its board, subject to the approval of the commission of the city as hereinafter set forth, shall have the right, power and authority to: (1) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. The authority may exercise the power of eminent domain in the manner provided in F.S. chs. 73 and 74. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the city, the county, the state or any political subdivision thereof may be acquired without its consent. (2) Acquire by purchase or otherwise on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution, own, convey or otherwise dispose of, lease as lessor or lessee any land and any other property, real or personal, or any rights or interests therein, which it may determine is reasonably necessary for any project (hereafter defined) or purpose of this article; and to grant or acquire licenses, easements and options with respect thereto. (3) Improve land, construct, reconstruct, equip, improve, maintain, repair and operate office buildings and any necessary or desirable appurtenances thereto, within the boundaries of the authority for the housing in whole or in part of federal, state, county or municipal governmental entities or any agencies thereof or any other person or corporation or any combination of the foregoing (each such office building being herein called a "project"), subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (4) Fix, charge and collect fees, rents and charges for the use of any project or any part thereof or any facilities furnished thereby, or property under its control and to pledge such revenue to the payment of revenue bonds issued by it, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (5) Lease as lessor any project, projects or property under its control or any part thereof and charge rentals for the use thereof sufficient with any other available revenues to pay the principal of and the interest on the revenue bonds issued to pay the cost of any such project or projects, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (6) Accept grants and donations of any type of property, labor, or other thing of value from any public or private source. (7) Receive the proceeds of the tax referred to in this article, subject to the commission of the city approving the millage assessment as provided therein. (8) Receive the revenues from any property, project or facility owned, leased, licensed, or operated by it or under its control, subject to the limitations imposed upon it by trusts or other agreements validly entered into by it. (9) Cooperate and enter into agreements with any governmental agency or other public body, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. (10) Make or receive from the municipality or the county in which the authority is located conveyances, leasehold interests, grants, contributions, loans and other rights and privileges, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. (11) Subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution approving such plan, issue, negotiate and sell, in accordance with the applicable provisions of the laws of the state, except as otherwise herein provided, revenue bonds of the authority, payable solely from revenues, to pay all or any part of the cost of any project, projects or purpose of this article upon such terms and conditions, manner and form, and having such details, conditions and provisions as shall be determined by resolution of the authority not inconsistent with the provisions hereof, and to secure such revenue bonds by a trust agreement by and between the authority and a bank or trust company having trust company powers within or without the state, provided that any such revenue bonds shall mature at such time or times not later than 40 years from their date and shall bear interest at a rate or rates not exceeding six percent per annum; to take all steps deemed by it necessary or expedient for efficient preparation and marketing of the revenue bonds at public sale upon ten days' published notice in the municipality where the authority is located or with the approval of the commission of the city at private sale, at the best price obtainable, including the entry into binding agreements with corporate trustees, underwriters, and the holders of the revenue bonds, and the employment and payment, as a necessary expense of issuance, for the services of consultants on valuations, costs and feasibility of undertaking, revenues to be anticipated and other financial matters, architecture, engineering, legal matters, accounting matters, and any other fields in which expert advice may be needed to effectuate advantageous issuance and marketing; and such bonds shall be governed by the following conditions: a. Any revenue bonds issued under the provisions of this section shall not be deemed to be a debt of the city, the county in which it is located, or the state, or a pledge of the faith and credit of the city, county or state; but such bonds shall be payable solely from the revenues pledged for their payment as authorized herein. The city establishing such authority, the county in which it is located, and the state are not directly or indirectly obligated to pay the principal of or the interest on the bonds, and the faith and credit of the city is not pledged to the payment of such principal or interest; and all such bonds shall contain this statement on their face. The issuance of revenue bonds under the provisions of this section shall not, directly or indirectly or contingently, obligate the city, county or state to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. b. All revenue bonds issued pursuant hereto shall be negotiable instruments for all purposes. (12) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict herewith or inconsistent herewith. (Code 1967, § 13-10.1; Code 1980, § 14-31; Ord. No. 11564, § 7, 10-28-97) • Sec. 14-58. - Employees generally. (a) The board shall employ and fix the compensation, subject to the approval of the city commission, of the executive director of the board, who shall serve at the pleasure of the board. The executive director shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be eligible to hold the position of executive director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath and furnish bond as required of members of the board. He/she shall be the chief executive officer of the downtown development authority and shall devote his/her entire time and attention to the duties of his/her office. He/she shall not, while serving as executive director, engage in any other business or profession. Subject to the approval of the board, and direction by it when necessary, he/she shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized in this article. He/she shall attend all meetings of the board and shall render to the board, the mayor and to the city commission, a monthly report covering the activities and financial condition of the authority. In the absence or disability of the executive director, the board may designate a qualified person to perform the duties of the office as acting executive director. The executive director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require. (b) Subject to the approval of the board, the executive director shall employ and fix the compensation of: (1) A treasurer, who shall keep the financial records of the authority and who, together with the executive director, shall perform such other duties as may be delegated to him/her by the board. At the discretion of the board, the functions of the treasurer may be performed by an outside professional retained and approved by the board for these purposes. (2) A secretary, who shall maintain custody of the official seal and of all records, books, documents or other papers not required to be maintained by the treasurer. The secretary shall attend all meetings of the board and keep a record of all its proceedings. The secretary shall perform such other duties as may be delegated by the board. (3) Such clerical, technical and professional assistance, including, but not limited to, engineering, planning, economic research and other fields, as shall in the opinion of the board be necessary to provide for the efficient performance of the functions of the board. (Code 1967, § 13-11; Code 1980, § 14-32; Ord. No. 11564, § 7, 10-28-97; Ord. No. 12905, § 2, 4- 12-07) • Sec. 14-59. -Annual budget; source of funds. (a) No later than 30 days prior to the date the city commission establishes the millage rate for the city, the executive director shall prepare for the approval of the board a budget for the operation of the downtown development authority for the ensuing fiscal year. The budget shall be prepared in the same manner as required of all departments of the city. When approved by the board it shall not require approval of any officer or body of the city other than the city commission. No funds of the city may be included in the budget of the authority except those funds authorized in this article. (b) The operations of the downtown development authority shall be principally financed from the following sources and such other sources as may be approved by the city commission: (1) Donations to the authority for the performance of its functions. (2) Proceeds of an ad valorem tax, not exceeding 0.4750 mills per dollar valuation of property in the downtown area designated by the city commission. (3) Money borrowed and to be repaid from other funds received under the authority of this article which shall include federal funds, contributions and funds derived from the millage authorized to be levied under this article. (Code 1967, § 13-12; Code 1980, § 14-33; Ord. No. 12905, § 2, 4-12-07; Ord. No. 13573, § 2, 11- 19-15) • Sec. 14-60. - Annual ad valorem tax levy in downtown district; disposition of funds. The city commission is authorized to levy an additional ad valorem tax on all real and personal property in the downtown district as described in this article, not exceeding 0.4750 mills on the dollar valuation of such property, for the purpose of financing the operation of the downtown development authority. This levy of 0.4750 mills per dollar ad valorem tax shall be in addition to the regular ad valorem taxes and special assessments for improvements imposed by the city commission. The tax collector shall transmit funds so collected to the appropriate officer of the city responsible for the handling of the public money who shall deposit the same in the city treasury to the credit of the authority. Such money shall be used for no purpose other than those purposes authorized in this article and, upon approval of the board, pursuant to vouchers signed by a minimum of two authorized signatories of the authority, who shall be the executive director and one member of the board of directors, or two members of the board of directors. The funds of the authority shall be secured as other public funds are secured. Other money received by the authority shall forthwith be deposited in the city treasury to the credit of the authority, subject to disbursement as authorized in this article. The city shall not obligate itself nor shall it ever be obligated to pay any sums from general public funds, or from any public funds other than money received pursuant to section 14-59 for or on account of any of the activities of the authority. (Code 1967, § 13-13; Code 1980, § 14-34; Ord. No. 12905, § 2, 4-12-07; Ord. No. 13573, § 2, 11- 19-15) • Sec. 14-61. - Assessment of funds for handling and auditing by city. The city commission shall have the power to assess against the funds of the downtown development authority, for the use and benefit of the general fund of the city, a reasonable pro rata share of such funds for the cost of handling and auditing, which assessment when made shall be paid annually by the board pursuant to an appropriate item in its budget. (Code 1967, § 13-14; Code 1980, § 14-35) • Sec. 14-62. - Conflicts of interest of board members, employees, etc. No board member nor any employee of the board shall vote or otherwise participate in any matter in which he/she has a financial interest, either direct or indirect. When such interest shall appear, it shall be the duty of the board member, or employee, to make such interest known and he/she shall thenceforth refrain from voting on or otherwise participating in the particular transaction involving such interest. Wilful violation of the provisions of this section shall constitute malfeasance on the part of a member of the board, and shall be grounds for instant dismissal of any employee. Any transaction involving a conflict of interest, wherein a violation of this section is involved, may be rendered void at the option of the board. (Code 1967, § 13-15; Code 1980, § 14-36; Ord. No. 13676, § 2, 4-27-17) City Code cross reference —Conflicts of interest, § 2-611 et seq. CHAPTER 65-1090 SENATE BILL NO. 951 AN ACT relating to the permissive establishment of a down -town development authority to prevent further deterioration in the central business district and correct existing conditions in any municipality of the state having a population in excess of two hundred and fifty thousand (250,000) in -habitants according to the last official census ; defining terms ; prescribing the method of creation; providing for a board appointed by the governing body of the city; prescribing the membership ; terms of office and duties of the board ; prescribing the powers of the authority; authorizing the levy and collection of an ad valorem tax not exceeding one-half mill in the district for the purpose of this authority; providing 691 CHAPTER 65-1090 LAWS OF FLORIDA for the staff and budget of the authority; assessing handling charges for use of the general fund; prohibiting conflicts of interest; declaring public policy; providing a rule of construction, a savings clause, and an effective date. WHEREAS, the property values in the central business districts of the larger communities of the state have deteriorated for reasons associated with the development of shopping centers, lack of adequate rapid transit, limited off-street parking facilities, and similar causes; and WHEREAS, such deterioration in values is bad for the public generally and for the individual owners of property in such districts; and WHEREAS, steps which could remedy existing conditions amounting to blighted business areas, halt further deterioration, and revitalize the central business districts of the larger cities where those conditions exist would be of benefit to the general public and of specific benefit to the owners of property in such districts ; and WHEREAS, it is the policy of the state to make it possible for citizens and taxpayers to help themselves and pay for the special benefits received in proportion to those benefits as reflected in property assessments; and WHEREAS, the governing bodies of such larger communities should have the power of determining the necessity for the exercise of the power herein contained and to create a special taxing district, the property in which would be specially benefited by any implementation of this act in such cities. NOW, THEREFORE Be It Enacted by the Legislature of the State of Florida: Section 1. The governing body having legislative powers, by whatever name known, of every municipality in the state having a population in excess of two hundred fifty thousand (250,000), according to the most recent official census of population, is granted the power to create and establish a downtown development authority, pursuant to the provisions of this act, which authority shall have all the powers herein provided, and which, when established, shall be a body corporated with the Page 692 CHAPTER 65-1090 LAWS OF FLORIDA power to sue and may be sued in all the courts of this state; and with power to adopt and use a corporate seal. Section 2. As used herein the following terms shall have the meaning herein ascribed to them unless the context shall clearly require otherwise: Authority -The downtown development authority of the city of its creation, being a municipality of the state of Florida having a population in excess of two hundred fifty thousand (250,000). Board -The governing body of the authority selected as herein provided. Director -The chief executive officer of the authority selected by the board as herein provided. Downtown -A specifically defined area or zone of the city in the central business district, established by the governing body of the municipality. Planning Board -The department or agency of a city creating an authority, by whatever name such department or agency may be known, which is chiefly responsible for community planning, and if no such agency or department exists as such, then "planning board" shall mean the governing body of the municipality. Central Business District -The area in a municipality establishing an authority zoned and used principally for business. Governing Body -The elected body of a municipality, having legislative powers. Public Facility -Any street, park, parking lots, playground, right-of-way, structure, waterway, bridge, lake, pond, canal, utility lines or pipes, building, including access routes to any of the foregoing, designed and dedicated to use by the public generally, or used by any public agency with or without charge, whether or not the same is revenue producing. Section 3. Whenever the governing body of a municipality having a population in excess of 250,000 according to the latest official census shall determine that it is necessary for the public health, safety and welfare that property value deterioration 693 CHAPTER 65-1090 LAWS OF FLORIDA in the principal area or areas of the city zoned for business, and the causes of such deterioration subject to remedy hereunder shall be halted by the use of means authorized in this act, it shall, by resolution, declare its intention to create a Downtown Development Authority for the city, and make provision for its operation. In the resolution of intent, the governing body shall set a date for the holding of a public hearing on the adoption of an ordinance creating the Authority and describing the downtown area. Upon the adoption of the resolution, the governing body shall cause a notice of the public hearing to be published in a newspaper of general circulation published in the city, which notice shall be published one time not less than thirty nor more than sixty days from the date of the hearing. The notice shall set forth the date, time and place of the hearing and shall describe the boundaries of the downtown district. Any citizen, taxpayer or property owner shall have the right to be heard in opposition to the establishment of the Authority and the creation of the downtown district. After the public hearing, if the governing body shall intend to proceed with the establishment of a Downtown Development Authority, it shall, in the manner authorized by its charter, adopt an ordinance establishing the Authority and defining the downtown district. The governing body shall not incorporate land into the district not included in the description contained in the resolution and the notice of public hearing, but it may eliminate any lands from the district, as published, in the final determination of the boundaries. From and after the effective date of the ordinance creating the Authority, it shall have existence as provided in Section 1 here -of. The governing body may from time to time, by the procedure herein provided, alter or amend the boundaries of the down -town district by the inclusion of additional territory or the exclusion of lands from the limits of the district. Section 4. The affairs of the authority, when created, shall be under the direct supervision and control of a board of five members, four of whom shall be appointed by the governing body to serve for staggered terms. Appointment of the original members to the board shall be recommended by the mayor and subject to approval by the governing body. 694 LAWS OF FLORIDA CHAPTER 65-1090 The mayor shall be chairman of the board and the fifth member. One member shall be appointed for a term expiring June 30 of the year following the creation of the authority. One member shall be appointed for a term expiring June 30 of the second year following the creation of this authority; One member shall be appointed for a term expiring June 30 of the third year following the creation of the authority; and One member shall be appointed for a term expiring June 30 of the fourth year following the creation of the authority. Thereafter, members shall be appointed as herein provided, for terms of four years from the expiration date of the terms of their predecessors. A member shall hold office until his successor has been appointed and qualified. Appointments to fill vacancies shall be for the unexpired term only. Section 5. Each appointed member of the Board shall re -side in or have his principal place of business in the city. He shall be an individual of outstanding reputation for integrity, responsibility, and business ability and acumen. No officer or employee of the city other than the mayor shall be eligible to serve as a member of the Board while holding other offices in the city or while employed by the city. Not less than thirty (30) days prior to the expiration of a term, or within thirty (30) days of the existence of a vacancy, the remaining members of the Board shall nominate a successor and submit the name to the governing body for its confirmation of appointment. In the event an appointment is not confirmed by the govern-ing body by the final adjournment of the first regular meeting thereof occurring more than ten (10) days after the submission of the nomination to it, the Board shall make a new nomination and submit same to the governing body for confirmation by it within the time limited therein. The making of nominations, as herein provided shall be a continuing obligation of the Board until membership on the board is completed by confirmation by the governing body. Before assuming the duties of the office each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the city, and by 695 CHAPTER 65-1090 LAWS OF FLORIDA posting a bond in the penal sum of ten thousand dollars ($10,000.00) payable to the city for use and benefit of the Authority, to be approved by the governing body and filed with the City Clerk. The premium on such bond shall be deemed an operating expense of the Authority, payable from funds avail -able to it for expenses of operation. The Board shall adopt and promulgate rules governing its procedures subject to approval by the governing body and shall hold regular meetings no less often than one each month. Special meetings may be held when called in the manner pro-vided in the rules of the Board. All meetings of the Board shall be open to the public. Each member of the Board shall serve without compensation. Pursuant to notice and an opportunity to be heard, an appoint-ed member of the Board may be removed for cause by the governing body. Any such removal shall be subject to review by the Circuit Court of the Circuit having jurisdiction. Section 6. In the ordinance creating the Authority the governing body shall in general terms describe the central busi-ness district, and shall by metes and bounds, or other method clearly defining the boundaries, establish the downtown area within which the Authority shall exercise its powers, and in which a special tax to finance the powers herein authorized shall be assessed, levied and collected by the governing body for the use and benefit of the Authority. The governing body shall not be limited to the creation of a single authority to exercise the powers herein conferred except that no authority may be created with boundaries that overlap an existing authority. Section 7. The board, subject to the provisions hereof and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation for profit. It shall exercise supervisory control over the activities of the director and the staff of the authority in carry- ing out the functions authorized hereby. Section 8. It shall be the duty of the Board, and it shall have the power to: (a) Appoint a Director and other staff members who shall be employed upon recommendation of the Director; prescribe 696 LAWS OF FLORIDA CHAPTER 65-1090 their duties, and fix their compensation which shall be paid from funds available to the Authority. (b) Prepare an analysis of economic changes taking place in the central business district of the city ; (c) Study and analyze the impact of metropolitan growth upon the central business district; (d) Plan and propose, within the downtown area, public improvements of all kinds, including renovation, repair, remodel-ing, reconstruction or other changes in existing buildings which may be necessary or appropriate to the execution of any such plan which in the opinion of the Board will aid in the economic growth of the downtown area; (e) To implement as herein provided any plan of develop-ment in the downtown area as shall be necessary to carry out its functions, except that when funds are required other than those provided under Section 11 of this act, the approval of the governing body is required. (f) In cooperation with the planning board of the city and the planning department of the city develop long range plans designed to halt the deterioration of property values in the central business district, and take such steps as may be necessary to persuade property owners to implement such plans to the fullest extent possible; (g) Retain and fix the compensation of legal counsel to ad -vise the Board in the proper performance of its duties. The general counsel of the Authority appointed as authorized herein shall be a practicing attorney with not less than ten years experience in the practice of law in Florida. He shall represent the Authority in all suits or actions brought by or against the Authority involving the jurisdiction, power, duties, functions or activities of the Authority, or of the city, under the terms of this act. (h) To make and enter into all contracts necessary of incidental to the exercise of its powers and the performance of its duties. (1) Borrow money on a short-term basis to pay expenses of operation pending the assessment, levy and collection of the 697 CHAPTER 65-1090 LAWS OF FLORIDA tax herein authorized, and to issue evidences of indebtedness for such loans to be signed by the chairman and the secretary of the Authority. The rate of interest to be paid by the Authority on any such debt, shall be the lowest rate of interest available not to exceed 6% per annum. The Authority shall hold the City harmless with respect to any debt created hereunder. Section 9. The board shall employ and fix the compensation, subject to the approval of the governing body, of the following who shall serve at the pleasure of the board. (a) A director, who shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be eligible to hold the position of director. Before entering upon the duties of his office, the director shall take and subscribe to the oath and furnish bond as required of members of the board. He shall be the chief executive officer of the authority and shall devote his entire time and attention to the duties of his office. He shall not while serving as director engage in any other business or profession. Subject to the approval of the board, and direc- tion by it when necessary, he shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized herein. He shall attend all meetings of the board and shall render to the board and to the governing body a monthly report covering the activities and financial condition of the authority. In the absence or disability of the director, the board may designate a qualified person to perform the duties of the office as acting director. The director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require. (b) A treasurer, who shall keep the financial records of the authority and who, together with the director, shall approve all vouchers for the expenditure of funds of the authority. He shall perform such other duties as may be delegated to him by the board. (c) A secretary, who shall maintain custody of the official seal and of all records, books, documents or other papers not required to be maintained by the treasurer. He shall attend all meetings of the board and keep a record of all its proceedings. 698 LAWS OF FLORIDA CHAPTR 65-1090 He shall perform such other duties as may be delegated to him by the board. (d) Upon recommendation of the director, such clerical, technical, and professional assistance including but not limited to engineering, planning, economic research and other fields as shall in the opinion of the board be necessary to provide for the efficient performance of the functions of the board. Section 10. In time for submission to the governing body as required of all departments of the city, the director shall prepare and submit for the approval of the board a budget for the operation of the Authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of all departments. However when approved by the board it shall not require approval of any officer or body of the city other than the governing body. No funds of the city may be included in the budget of the Authority except those :funds herein authorized. The operations of the Authority shall be principally financed from the following sources and such other sources as may be approved by the governing body. (a) Donations to the Authority for the performance of its functions. (b) Proceeds of an ad valorem tax, not exceeding one-half mill per dollar valuation of property in the downtown area designated by the governing body. (c) Monies borrowed and to be repaid from other funds received under the authority of this act. Section 11. The governing body is authorized to levy an additional ad valorem tax on all real and personal property in the downtown district not exceeding one- half mill on the dollar valuation of such property for the purpose of financing the operation of the Authority. This levy of one-half mill per dol-lar ad valorem tax shall be in addition to the regular ad va-lorem taxes and special assessments for improvements imposed by the governing body of the City. The tax collector shall transmit funds so collected to the appropriate officer of the city responsible for the handling of the public money who shall deposit same in the city treasury to the credit of the Authority. Such money shall be used for no purpose other than those 699 CHAPTER 65-1090 LAWS OF FLORIDA purposes authorized herein and upon approval of the Board, pursuant to vouchers signed by the director and the treasurer of the authority. The funds of the Authority shall be secured as other. public funds are secured. Other monies received by the Authority shall forthwith be deposited in the city treasury to the credit of the Authority, subject to disbursement as herein authorized. The city shall not obligate itself nor shall it ever be obligated to pay any sums from general public funds or from any public funds, other than monies received pursuant to Section 10, hereof, for or on account of any of the activities of the authority. Section 12. The governing body shall have the power to assess against the funds of the authority for the use and benefit of the general fund of the city, a reasonable pro rata share of such funds for the cost of handling and auditing, which assessment when made shall be paid annually by the board pursuant to an appropriate item in its budget. Section 13. No Board member nor any employee of the Board shall vote or otherwise participate in any matter in which he has a financial interest, either direct or indirect. When such interest shall appear, it shall be the duty of the Board member, or employee, to make such interest known and he shall thence -forth refrain from voting on or otherwise participating in the particular transaction involving such interest. Willfull violation of the provisions hereof shall constitute malfeasance on the part of a member of the Board, and shall be grounds for instant dis-missal of any employee. The governing body may, in the ordinance, provide for automatic forfeiture of office by a Board member for violation hereof. Any transaction involving a conflict of interest, wherein a violation of this section is involved, may be rendered void at the option of the Board. Section 14. In addition to any other methods or procedures authorized, it is the policy of the state of Florida to make it possible for municipal corporations to preserve property values by preventing deterioration found in the central business district of large communities, those having a population in excess of two hundred and fifty thousand (250,000) and by a system of self help to correct the blight of such deterioration; to pro -vide the vehicle whereby property owners who will benefit directly from the results of such program will bear the cost 700 LAWS OF FLORIDA CHAPTER 65-1091 thereof, and whereby local problems will be solved on the local level through the use of machinery provided by local government. Section 15. All powers conferred upon municipal corpora-tions by this act are and shall be supplemental and in addition to those conferred by any other general or special law and shall be liberally construed to effectuate the purposes hereof. This act shall be construed to be an alternative method of accomplishing its purposes independent of any other powers conferred upon municipal corporations electing to exercise the authority herein granted. Section 16. All real property located within the central business district shall be subject to ad valorem taxes to pay the principal and interest on all existing general obligation debts of the city and any future debts which may be authorized by law. Section 17. The provisions hereof shall be liberally construed to accomplish the purposes expressed herein and if any section, paragraph, sentence, clause, phrase or word, or the application of any of them to any persons, facts or circumstances, shall be held to be void and unconstitutional, such holding shall not affect the remainder of this act, or the application hereof to other persons, facts or circumstances, it being the intent of the legislature to have enacted this act without such void section, paragraph, sentence, clause, phrase, word or application. law. Section 18. This act shall take effect immediately upon its becoming a Became a law without the Governor's approval. Filed in Office Secretary of State June 25, 1965.