08/20/1998 >!1
,v Clearwater City Commission Worksession Item#:
-r ► Agenda Cover Memorandum Final Agenda Item#
Meeting Date: ' G2-0: ?F
SUBJECT/RECOMMENDATION:
Approve resolution 98-28 designating the Clearwater Brownfields Area as an enterprise zone.
❑ and that the appropriate officials be authorized to execute same.
SUMMARY:
• The Clearwater Brownfields Area is eligible for an enterprise zone designation as established in Chapter
98-75 Laws of Florida.
• The designation of the Clearwater Brownfields Area will provide the following State incentives for new and
existing businesses and organizations in the area; Jobs Tax Credit, Business Equipment Sales Tax Refund,
Building Materials Sales Tax Refund, Property Tax Credit, Sales Tax Exemption For Electrical Energy and
The Community Contribution Tax Credit Program.
• To nominate an area for an enterprise zone Section 290.0055 Florida Statutes requires that a local
resolution is adopted by the governing body which:
1. Finds that an area exists in such a county or municipality, or in both the county or municipality,
which chronically exhibits extreme and unacceptable levels of poverty, unemployment, physical
deterioration, and economic disinvestment;
2. Determines that the rehabilitation, conservation, or redevelopment , or a combination thereof, of
such area as necessary in the interest of public health, safety, and welfare of the residents of such
county or municipality, or such county and one or more municipalities : and
3. Determines that the revitalization of such area can occur only if the private sector can be induced to
invest its own resources in productive enterprises that build or rebuild the economic viability of the
area.
Reviewed by: Originating Dept Costs
Legal Info Srvc n/a City Mgrs./Eco.Dev. Total N/A
n/a Public
Budget Works n/a User Dept. Funding Source:
g
Purchasing n/a DCM/ACM _ Current FY N/A CI
Risk Mgmt n/a Other n/a Attachments OP
Resolution 98-28
Othe
Submitted by: ❑ None
City Manager Appropriation Code:
Printed on r cled aper Rev.2/98
RESOLUTION NO. 98-28
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
FINDING THAT AN AREA WITHIN THE CITY OF
CLEARWATER AS DESCRIBED HEREIN CHRONICALLY
EXHIBITS EXTREME AND UNACCEPTABLE LEVELS OF
POVERTY, UNEMPLOYMENT, PHYSICAL DETERIORATION
AND ECONOMIC DISINVESTMENT, MAKING CERTAIN
DECLARATIONS REGARDING SAID AREA; DESIGNATING
SAID AREA AS THE CITY OF CLEARWATER ENTERPRISE
ZONE; RESCINDING RESOLUTION NO. 95-49; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Sections 290.001-290.016, Florida Statutes,
the Florida Enterprise Zone Act of 1994 (the "Act"), the City of Clearwater
Enterprise Zone ceased to exist on December 31, 1994; and
WHEREAS, as a result of the continuation of various conditions as described
herein in an area of the City (the "Area") as described in Exhibit A to this resolution, a
copy of which is attached hereto and by reference made part hereof, the City of
Clearwater desires to exercise the authority conferred by the Act to induce the private
sector to invest private resources in productive enterprises that build or rebuild the
economic viability of the Area; and
WHEREAS, it is necessary to make the findings and declarations provided
herein regarding the Area prior to taking the actions required to enable the City of
Clearwater to exercise the authority conferred by the Act; and
WHEREAS, it is desirous to designate the Area as the City of Clearwater
Enterprise Zone; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Area described in Exhibit A (the Area) chronically exhibits
extreme and unacceptable levels of poverty, unemployment, physical deteriorations,
and economic disinvestment.
Section 2. The rehabilitation, conservation or redevelopment, or a combination
thereof, of the Area is necessary in the interest of the public health, safety and welfare
of the residents of the City of Clearwater.
Section 3. The revitalization of the Area can occur only if the private sector can
be induced to invest its own resources in productive enterprises that build or rebuild the
economic viability of the Area.
Resolution No. 98-28
Section 4. The Area is hereby designated as the City of Clearwater Enterprise
Zone.
Section 5. Resolution 95-49 is hereby rescinded.
Section 6. Other proper officers of the City of Clearwater are hereby authorized
and empowered to do all things necessary and proper to carry out and make effective
the provisions of this resolution which shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 1998.
Rita Garvey, Mayor-Commissioner
Approved as to form: Attest:
Pamela . A n, City Attorney Cynthia E. Goudeau, City Clerk
2 Resolution No. 98-28
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' LEGAL DESCRIPT)Ott
Begin at the intersection of the west right-of-way line on N. Fort Newborn Avenue and the easterly extension of the
north right-of-ray the of Sunset Point Root thence southerly along sold rest right-of-say the of Fat Risen
Avenue, to o point of intersection with the easterly the of Phdbs Trot, thence eonthue 'outbid),dal sold
easterly the of the Photos Trol to a poht on the vestry extension of the south d t-of-wey Ms of Belleot Root
thence easterly dong sold south right-of-way be of BeAok Rood to the east Nit-of-way Ine of Ifkacurl Avenue;
thence northerly clang sold east rilit-of-ray Ins rttoy the north rkbt-of-ray Ins of Dror Street; thence easterly dap
sold north lie to the�ter1 e'�xtensin of the nor rat-of-ray line of��Street thence widely daldn north
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right-of-way the and Rs extension to Rs Medication with the east right-of-way Ins of Overbrook Avenue; thence
northwesterly dong sold weedy rlibt-of-soy the to a poht of htersectbn with the southerly Nit-of-way e of
Brook Rood thence northwesterly to the point of htersecBon of the west right-of-way Me of Wasi hgten Avenue
• and the north right-of-way the of Stevenson Avenue; thence northwesterly along north right-of-way the of Stevenson
Avenue to the north right-of-way the of Sunset Pohl Road thence westerly along sold north right-of-soy he of
Sunset Point Rood to the Point Of Beginning. Together with al propertbs cbutthg this Int Less and except those
properties not in the dty hots of Cleorwoter
EXHIBIT A Resolution-98-28
•
P1NELIAS COUNrIY
CITY OF CLEARWATER
Ti BROWNFIELDS/ENTERPRISE ZONE
1 BROWNFIELDS AREA
• -- •• ENTERPRISE ZONE
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i+► Clearwater City Commissional Worksession Item#:
• D Agenda Cover Memorandum Final Agenda Item#
Meeting Date: 8• 0
SUBJECT/RECOMMENDATION:
Pass Ordinance # 6312-98 on first reading establishing a Enterprise Zone Development Agency
and that the appropriate officials be authorized to execute same.
SUMMARY:
• Chapter 98-75 enables the Clearwater Brownfields area to Qualify as a State Enterprise Zone .
• Section 290.0056 Florida Statutes requires that upon adoption of an Enterprise Zone the municipality shall
create a public body politic to be known as the 'Enterprise Zone Development Agency' .
• The Enterprise Zone Development Agency shall consist of not fewer than 8 and not more than 13
commissioners to be appointed by the City Commission with at least one representative ( 1) from each of
the following: the local Chamber of Commerce; local financial or insurance entities; the businesses
operating within the Area; the residents residing within the Area; non-profit community based
organizations operating within the Area; the local Private Industry Council; the City of Clearwater
Community Response Team ; and the City of Clearwater Police Department.
Reviewed by: Originating Dept Costs
Legal PI Info Srvc n/a Cty.MgrJ Eco Dev. Total n/a
Budget n/a Public Works n/a User Dept. Funding Source:
Purchasing n/a DCM/ACM Current FY n/a CI
Risk Mgmt n/a Other Attachments OP
Ordinance#6312-98 Other
Submitted by: 0 None
City Manager
If Appropriation Code:
Printed on recycl A paper Rev.2/98
ORDINANCE NO. 6312-98
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, CREATING THE CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
PURSUANT TO THE FLORIDA ENTERPRISE ZONE ACT
OF 1994; PROVIDING FOR THE POWERS AND
RESPONSIBILITIES OF SAID AGENCY; ESTABLISHING A
BOARD OF COMMISSIONERS FOR SAID AGENCY;
PROVIDING FOR THE COMPOSITION, TERMS OF
OFFICE, COMPENSATION, MEETING RULES AND
OFFICERS OF SAID BOARD OF COMMISSIONERS;
REPEALING ALL ORDINANCES, OR PARTS OF
ORDINANCES, IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; REPEALING ORDINANCE 5815-95;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Sections 290.001-290.016 of the Florida Statutes, the
Florida Enterprise Zone Act of 1994 (the "Act"), the City of Clearwater Enterprise Zone
ceased to exist on December 31, 1994; and
A9 us--as
WHEREAS, pursuant to Resolution No. 98-28, adopted by the City Commission of
the City of Clearwater on-Ialy-t6;1998, the City Commission found and declared that the
area described in Exhibit A to Resolution No. 98-28 (the "Area") chronically exhibits
extreme and unacceptable levels of poverty, unemployment, physical deterioration and
economic disinvestment; and
WHEREAS, as a result of the continuation of various conditions in the Area as
described in Resolution No. 98-28, the City of Clearwater desires to exercise the authority
conferred by the Act to induce the private sector to invest private resources in productive
enterprises that build or rebuild the economic viability of the Area; and
WHEREAS, prior to the Area being designated as a state enterprise zone by the
State of Florida, Department Commerce, thereby allowing the City of Clearwater to
exercise the authority conferred by the Act, the City Commission must create an
enterprise zone development agency pursuant to the Act; and
WHEREAS, it is necessary to create an enterprise zone development agency
pursuant to the Act to have the Area designated as a state enterprise zone so that the
City is authorized to exercise the authority conferred by the Act; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION, CITY OF
CLEARWATER, FLORIDA:
Ordinance 6312-98
Section 1. Creation of Agency.
There is hereby established a public body corporate and politic to be known as the
City of Clearwater Enterprise Zone Development Agency (the "Agency"). The exercise by
the Agency of the powers conferred by this Ordinance and the Act shall be deemed and
held to be the performance of an essential public function.
Section 2. Powers and Responsibilities of the Agency.
A. The Agency shall have the following powers and responsibilities:
(1) to assist in the development and implementation of the strategic plan for the
Area;
(2) to oversee and monitor the implementation of the strategic plan for the
Area;
(3) to adopt a set of bylaws to govern its meetings and other activities;
(4) to file with the City Commission and with the Auditor General for the State
of Florida, on or before March 31 of each year, a report of its activities for the preceding
fiscal year, which report shall include a complete financial statement setting forth its
assets, liabilities, income and operating expenses as of the end of such fiscal year. At the
time of filing the report, the Agency shall publish in a newspaper of general circulation in
the City of Clearwater a notice to the effect that such report has been filed with the City of
Clearwater and that the report is available for inspection during business hours in the
office of the City Clerk and in the office of the Agency;
(5) to make quarterly reports to the City Commission evaluating the progress in
implementing the strategic plan for the Area;
(6) to identify and recommend to the City Commission ways to remove
regulatory barriers;
(7) to identify to the City of Clearwater the financial needs of, and local
resources or assistance available to, eligible businesses in the Area;
(8) prior to December 1 of each year, submit to the State of Florida,
Department of Commerce, a complete and detailed written report setting forth:
(a) its operations and accomplishments during the fiscal year
(b) the accomplishments and progress concerning the implementation of the
strategic plan for the Area;
2 Ordinance 6312-98
(c) the number and types of businesses assisted by the Agency during the
fiscal year;
(d) the number of jobs created with the Area during the fiscal year;
(e) the usage and revenue impact of state and local incentives granted during
the calendar year; and
(f) any other information required by the State of Florida, Department of
Commerce;
B. The Agency may have the following powers and responsibilities contingent
upon approval of the City Commission:
(1) subject to funding availability, to employ an executive director, technical
experts, legal counsel, and such other agents and employees, permanent and temporary,
as it requires, and determine their qualifications, duties and compensation;
(2) to review, process, and certify applications for state enterprise zone tax
incentives pursuant to F.S. §212.08(5)(g), §212.08(5)(h), §212.08(15), §212.096,
§220.181, and 220.182;
(3) to provide assistance to businesses and residents within the enterprise
zone;
(4) to promote the development of the enterprise zone, including preparing,
purchasing, and distributing by mail or other means of advertising, literature and other
material concerning the enterprise zone and enterprise zone incentives;
(5) to borrow money and apply for and accept advances, loans, grants,
contributions, and any other form of financial assistance from the Federal Government or
the state, county, or other public body or from any sources, public or private, for the
purposes of the Act, and to give such security as may be required and to enter into and
carry out contracts or agreements in connection therewith; and to include in any contract
for financial assistance with the Federal Government for or with respect to the
development of the enterprise zone and related activities such conditions imposed
pursuant to federal laws as the governing body deems reasonable and appropriate which
are not inconsistent with the purposes of this section;
(6) to appropriate such funds and make such expenditures as are necessary to
carry out the purposes of the Act;
(7) to make and execute contracts and other instruments necessary or
convenient to the exercise of its powers under this section;
3 Ordinance 6312-98
(8) to procure insurance or require bond against any loss in connection with its
property in such amounts and from such insurers as may be necessary or desirable;
(9) to invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement, in such investments as may be authorized by the
Act;
(10) to purchase, sell, or hold stock, evidences of indebtedness, and other
capital participation instruments;
(11) to invest in community investment corporations which conduct, or agree to
conduct, loan guarantee programs assisting business enterprises located in the
enterprise zone. The agency shall first attempt to invest in existing community investment
corporations, providing services in the enterprise zone. Such investments shall be made
under conditions required by law and as the agency may require, including, but not limited
to:
(a) The funds invested by the agency shall be used to provide loan guarantees
to individuals for business enterprises located in the enterprise zone;
(b) The community investment corporation may not approve any application for
a loan guarantee unless the person applying for the loan guarantee shows that he or she
has applied for the loan or loan guarantee through normal banking channels and that the
loan or loan guarantee has been refused by at least one bank or other financial institution.
Section 3. Board of Commissioners of the Agency.
A. The powers of the Agency shall be exercised by a board of commissioners
consisting of not fewer than eight (8) or more than thirteen (13) commissioners to be
appointed by the City Commission by subsequent ordinance; provided, that the City
Commission must appoint at least one (1) representative from each of the following:
(1) the local Chamber of Commerce;
(2) local financial or insurance entities;
(3) the businesses operating within the Area;
(4) the residents residing within the Area;
(5) non-profit community based organizations operating within the Area;
(6) the local Private Industry Council;
(7) the City of Clearwater Community Response Team; and
4 Ordinance 6312-98
(8) the City of Clearwater Police Department.
The City Commission shall also consider the importance of minority representation
on the Agency by making appointments so that the Agency generally reflects the gender
and ethnic composition of the community as a whole.
B. The terms of office of the commissioners shall be for four (4) years, except
that, in making the initial appointments, the City Commission shall appoint two (2)
members for terms of three (3) years, two (2) members for terms of two (2) years, and
one (1) member for a term of one (1) year; the remaining initial members shall serve for
terms of four(4) years. A vacancy occurring during a term shall be filled for the unexpired
term. Each commissioner shall hold office until a successor has been appointed and has
qualified. A certificate of the appointment or reappointment of any commissioner shall be
filed with the City Clerk, and the certificate is conclusive evidence of the due and proper
appointment of the commissioner.
C. The City Commission may remove a commissioner for inefficiency, neglect
of duty or misconduct in office only after a hearing and only if the commissioner has been
given a copy of the charges at least ten (10) days prior to the hearing and has had an
opportunity to be heard in person or by counsel.
D. A commissioner shall receive no compensation for his or her services, but is
entitled to the necessary expenses, including travel expenses, incurred in the discharge
of his or her duties.
E. A majority of the commissioners constitutes a quorum for the purpose of
conducting business and exercising the powers of the Agency and for all other purposes.
Action may be taken by the Agency upon a vote of a majority of the commissioners
present, unless in any case the bylaws of the Agency require a larger number.
F. The City Commission shall designate by subsequent ordinance a chair and
vice-chair of the Agency from among the commissioners.
Section 4. Conflicting Ordinances.
Any ordinances, or parts of ordinances, in conflict herewith, are hereby repeated to
the extent of such conflict.
Section 5. Severability.
If any part of this Ordinance shall be declared unconstitutional or invalid by a court
of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Section 6. Ordinance No. 5815-95 is hereby repealed.
5 Ordinance 6312-98
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form: Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
6 Ordinance 6312-98