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6410-99i ???????? r..; .? t?_ ORDINANCE NO. 6410-99 AN ORDINANCE OF THE CITY OF CLEARWATER ESTABLISHING A LAND ASSEMBLY PROGRAM; PROVIDING FOR THE DESIGNATION OF REDEVELOPMENT AREAS WHERE THE CITY IS WILLING TO USE ITS POWER OF EMINENT DOMAIN TO ASSIST IN THE ASSEMBLY OF LAND FOR REDEVELOPMENT PURPOSES; PROVIDING FOR MINIMUM REQUIREMENTS FOR THE USE OF THE POWER OF EMINENT DOMAIN TO ASSIST IN THE ASSEMBLY OF LAND FOR REDEVELOPMENT PURPOSES; PROVIDING FOR A PETITION FOR ASSEMBLY ASSISTANCE; PROVIDING PROCEDURES FOR CONSIDERATION OF A PETITION FOR ASSEMBLY ASSISTANCE; PROVIDING CRITERIA FOR USE OF THE POWER OF EMINENT DOMAIN TO ASSEMBLE REAL PROPERTY FOR REDEVELOPMENT PURPOSES; PROVIDING FOR A FINDING OF PUBLIC NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN; PROVIDING FOR AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PROPERTY FOR ? REDEVELOPMENT PURPOSES. WHEREAS, certain lands and improvements within the City of Clearwater are deteriorated, underutilized, obsolete or otherwise in need of revitalization or redevelopment; and WHEREAS, lands and improvements which are deteriorated, obsolete or in need of revitalization have a negative impact on adjacent properties in the City of Clearwater; WHEREAS, lands and improvements which are deteriorated and in need of revitalization have a negative fiscal impact on the City; WHEREAS, the pattern and size of previously subdivided land and the improvements thereon, if any, which are deteriorated, obsolete or in need of revitalization are an obstacle to the logical and economically feasible redevelopment; WHEREAS, the assembly of individual parcels of land into logical redevelopment units is necessary in order to carry out the effective revitalization and/or redevelopment of lands and improvements which are deteriorated, obsolete or in need of revitalization; and WHEREAS, the City Commission of the City of Clearwater wishes to promote the revitalization and/or redevelopment of lands and improvements which are deteriorated, obsolete or in need of revitalization; now therefore, Ordinance No. 6410-99 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER: Section 1. Purpose. This ordinance is adopted in order to establish a process governing the use of the power of eminent domain to assist in the assembly of land necessary to carry out the redevelopment objectives of the City of Clearwater. Section 2. Definitions. The following terms shall have meaning ascribed: "Acquisition Parcel means an individual parcel of land within a Candidate RevitalizationlRedevelopment Area which is not controlled by the developer who proposes to undertake revitalization or redevelopment of the Candidate RevitalizationlRedevelopment Area. "Bona fide offer" means an offer in the amount of the fair market value of the property as appraised by an MAI appraiser or an offer in the amount of one hundred and twenty-five percent (125%) of the current assessed value of the property according to the Tax Assessor of Pinellas County. "Candidate RevitalizationlRedevelopmentArea" means an area of land located in a City of Clearwater Revitalization/Redevelopment Area which is a logical and appropriate for unit of land for the revitalization and/or redevelopment. }r:') "Control means an owner of an interest in real property or the holder of a contract to purchase an interest in real property which provides for specific performance in favor of the contract purchaser or other enforceable agreement for the coordinated revitalization and/or redevelopment of a Candidate RevitalizationlRedevelopment Area. "City of Clearwater Revitalization/Redevelopment Area" means an area within the corporate limits of the City of Clearwater which is designated by resolution of the City Commission of the City of Clearwater as deteriorated, obsolete or in need of revitalization or redevelopment which Is appropriate for revitalization and/or redevelopment. A City of Clearwater Revitalization/Redevelopment Area may or may not also be a Community Redevelopment Area under Part III of Chapter 163 of the Florida Statutes (1997). "Developer" shall have the meaning set out in section 380.0 Fla. Stat. (1997). Section 3. Designation of a City of Clearwater Revitalization/Redevelopment Area. The City Commission of the City of Clearwater may, from time to time, designate by resolution certain areas located within the corporate limits of the City of Clearwater as City of Clearwater Revitalization/ Redevelopment Areas. The Commission shall determine that such areas are deteriorated, obsolete or in need of revitalization or redevelopment, are appropriate for J revitalization and/or redevelopment and that It is logical and appropriate that Individual parcels of land should be assembled into logical and appropriate units of land which will 2 Ordinance No. 6410-99 allow for desired revitalization and/or redevelopment. Section 4. Eligibility for Land Assembly Assistance. Any developer who controls at least sixty percent (60%) of the privately owned property within a Candidate Revitalization/Redevelopment Area and who shall have made a bona fide offer to purchase the balance of the property within the designated Candidate Revitalization/Redevelopment Area shall be eligible to initiate an exercise of the City's power of eminent domain to assist in the assembly of an Acquisition Parcel in accordance with the provisions of this Ordinance. Section 6. Petition for Land Assembly Assistance. A developer eligible to initiate an exercise of the City's power of eminent domain to assist in the assembly of a Candidate Revitalization/ Redevelopment Area, may initiate the land assembly assistance process for the purpose of acquiring one or more Acquisition Parcels by fling a Petition for Land Assembly Assistance with the City Clerk of the City of Clearwater along with: (a) a description of the boundaries of the Candidate Revitalization/ Redevelopment Area where the Acquisition Parcel(s) proposed to be acquired is/are located; (b) a sworn statement that the Petitioner controls at least sixty percent (60%) of the Candidate Revitalization/Redevelopment Area in which the Acquisition parcel(s) "'. proposed to be acquired is/are located; (c) a description of the developer's proposed revitan_-ation or redevelopment program together with a sworn estimate of the fair market value of the proposed redevelopment when completed; (d) a sworn statement that the Petitioner has made a bona fide offer to purchase the Acquisition Parcel(s) from the owner of record, which offer was open for a period of at least thirty (30) days, and that the offer was not accepted; and (e) a proposed Land Assembly Agreement. Section 6. Land Assembly Agreement assembly assistance shall submit a proposed Land the time of filing a Petition for Land Assembly Assembly Agreement shall set out the terms and amount of money the developer would be willing which land assembly assistance is sought. A developer seeking land Assembly Agreement to the City at Assistance. The proposed Land conditions including the maximum to pay to acquire the property for Section 7. Land Assembly Assistance Criteria. The following criteria shall be considered in determining whether a Petition for Land Assembly Assistance should be granted: (a) The Candidate Revitalization/Redevelopment Area is a logical unit of 3 Ordinance No. 6410-99 revitalization or redevelopment In the context of the City's Comprehensive Plan. (b) The proposed revitalization/redevelopment will further the City's revitalization and/or redevelopment goals and objectives in the City's Comprehensive Plan. (c) The proposed revitalization and/or redevelopment program Is unlikely to occur without land assembly assistance. (d) The Petitioner controls at least sixty percent (60%) of the Candidate Revitalization/Redevelopment Area in which the Acquisition Parcel(s) proposed to be acquired is/are located. (e) Petitioner has made a bona fide offer to purchase the Acquisition Parcel(s) from the owner of record, which offer was open for a period of at least thirty (30) days, and that the offer was not accepted (f) The Petitioner demonstrates the qualifications, experience and financial capacity to carry out the proposed program of revitalization and/or redevelopment. (g) The proposed revitalization and/or redevelopment program will be economically successful. (h) The proposed revitalization and/or redevelopment program will have a positive fiscal impact on the City of Clearwater taking into consideration any costs to be assumed by the City of Clearwater in carrying out the proposed land assembly assistance. Section Q. Recommendation. Within thirty (30) days after receipt of a complete Petition for Land Assembly Assistance, the City Manager, with the advice and counsel of the City Attorney, shall prepare a recommendation in regard to the Petition for Land Assembly Assistance unless the City Manager determines that the proposed redevelopment and/or revitalization program is inconsistent with the Comprehensive Plan of the City of Clearwater or is likely to have a negative fiscal impact on the City based on the criteria in Section 7. In the event that the Petition includes a proposal to reimburse the City for any and all expenses incurred by the City In providing land assembly assistance and the City Manager finds that the proposed land assembly assistance satisfies each of the criteria in Section 7, the City Manager shall recommend that the City Commission authorize the execution of the proposed Land Assembly Agreement and initiate acquisition proceedings. In the event that the Petition does not include a proposal to reimburse the City for any and all expenses incurred by the City in providing land assembly assistance, the City Manager shall base his or her recommendation on the extent to which the proposed land assembly assistance satisfies the criteria of Section 7. meeting. In the event that the Petition includes a proposal to reimburse the City for any costs incurred by the City in providing land assembly assistance, the City Commission shall authorize the execution of the proposed Land Assembly Agreement and initiate acquisition proceedings if the Commission determines that the proposed land assembly satisfies the Land Assembly Assistance Criteria set out in Section 7 of this Ordinance. In the event that the Petition does not Include a proposal to reimburse the City for any and all expenses incurred by the City in providing land assembly assistance, the City Commission shall also base its decision on the extent to which the proposed land assembly assistance will have a positive or negative fiscal impact on the City of Clearwater. Section 10. Disposition of Redevelopment Parcels. After the City of Clearwater has completed acquisition of a Redevelopment Parcel, the City shall convey the property to the developer subject only to the requirements of the Charter of the City of Clearwater and reimbursement pursuant to the terms and conditions of the Land Assembly Agreement. In the event that the City is required to give notice and accept competitive bids in regard to the disposition of a Redevelopment Parcel, the City shall specify the assembly of the parcels of land within a Candidate Revitalization/Redevelopment Area as a condition of a qualifying bid or proposal. Section 11. Effective Date. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ap ed as to form: Pam la K. Akin, City Attorney May 6. 1999 May 20, 1999 Brian J. Aungst ayor- ommis goner Attest: V Cie 6??dyntho(q. Goudeau, City Clerk Ordinance No. 6410-99