5815-95 ORDINANCE NO. 15-95
ANN ORDINANCE OF THE CIS OF CLE14RWATER, FLORIDA, CREATING THE CITY
OF CLEARWATER ENTERPRISE ZONE DEVELOPMENT AGENCY PURSUANT 10 TdE
FLORIDA. ENTERPIRISE 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, TERNS
OF OFFICE, ; 11PENSATION, ''MEETING RULES AND, OFFICERS OF SAID BOARD OF
COMMISSIONERS;' REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES, IN
CONFLICT HERE' ITH; PROVIDING FOR SEVERABILITY: PROVIDING AN
EF'F'ECTIVE DATE.
WHEREAS, pursuant to Sections 290.001-290.016 of the Florida Statutes, the
Florida Enterprise Zane Act of 1994 (the "Act") , the City of Clearwater
Enterprise Zone ceased to exist on December 31; 1994; and
WHEREAAS, pursuant to Resolution No. 95-49, adopted by the City Commission
of the Cit y of Clearwat r on April 20, 1995, the City Commission found and
declared that the area described in Exhibit : A to ReselKation No. 95-49 (the
"Area") ckrroni cal ly exhibits extreme and unacceptable levels of poverty,
unemployment, physical deterioration and economic disinvestment; and
WHEREAS, as a reseal t of the continuation of various conditions in the a,4;ea
as described in Resolution No. 95-49, 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 'econo i c viability
of the Area; and
WHEREAS, prior r 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 Csty Cosission
must create an enterprise zone development agency pursuant to the Act, and
WHEREAS, !i 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, nova,
therefore,
BE T ORDAINED Y THE CITY COMMISSION, CITY OF
CLEARWATER, FLORIDA, THAT
Section 1, Cngjion of A end,
here'i s hereby establ i shed a public body corporate and pol i ti c to be known
as the City of Clear w ter Enterprise ore Devel opr nt Agency (the "Agency") , The
exercise by the Agency o the powers conferred y this Ordinance and the Act 3
shall be deemed and held -to be the performance of an essential public 'Function.
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Section 2. Pgoers and ibiii ies of the Agency. s
The Agency shall have the following powers and responsibilities upon
approval of the City Commission.
(I) subject to funding availability, to employ an executive director,
technical experts, legal counsel and such other agents and employees, permanent
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and temporary, as it requires, and determine their qualifications, duties and v
compensation:
( ) to assist in the development and implementation of the strategic plan
for the Area
(3), to oversee and monitor the implementation of the strategic plan for
the Area;
(4) to adopt a set of bylaws to govern its meetings and other activities;
( ) 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
or 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
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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*
( ) to make quarterly reports to the City Co rri ssi on e al uati ngl the
progress in i mpl e ent-i ng the strategic plan for the Area;
(7) to identify and recommend to the City Commission ways to remove
regulatory barriers;
(8):. to identify to the City of Clearwater the financial needs of, and
local resources or assistance available to, eligible businesses in the Area;
(9) to review, process, and certify applications for state enterprise
.zone tax incenti=ves pursuant to F.S. §212.08(5) (g) , § 12.i18(5) (h)', §212.08(15) ,
§212.098, §220.181, and 220.182
(10) to provide assistance to businesses and residents within the
enterprise zone,
(11) to promote the development of the enterprise zone, including
preparing, purchasing, and di=stributing by mail or other means of advertising,
literature and other, material concerning the enterprise zone and enterprise zone
incentives;
(12) to borrow money and apply for and accept advances, loans, grants
contributions, and any other fora of financial assistance from the Federal
Government or the state, county, or other publ i c body or from any sources, publ i
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
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governing ;body deems reasonable and appropriate which are not inconsistent 14ith
the purposes of this section;
t:opprpriate such funds and make such expenditures as are necessary
to carry ,cut the purposes of the Act;
(14) to make and execute contracts and other instruments necessary err
convenient to the exercise of its powers under this section,
(15) to ''proture insurance or reg ire bond against any loss in connection
ith its property io such: amounts and from such insurers as may b- necessary or
desirable;'
(1. ) to 'inv st any funds held in reserves or sinking funds. or any Bands
not required for i r edi ate d i sbursement r in such investments as may be authors zed
by the Act.
(17) 'to purchase, sell or hold stook, evidences of indebtedness, and
other capital partic:ipaton instruments;
(18) to invest in community investment corporations which conduct: or
agree to conduct, los°31i guarantee progrc� s assisting business enterprises loclated
in the enterprise zone. The agency shall first attempt to invest in existing
community investment corporations providing services in the enterprise none.
Such i nve tments shah be made under conditions required by law and as the agency
may require, i ncl ud rig, but not limited to s
(a) The funds i n bested by, the agency shall be used to provide can
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 nom mal banking'
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channels and that the loan or loan guarantee has been refused by at least one ,
bank. or other financial institution.
(1: ) prior to December 1 of each year, submit to the State of Florida,
Dep rtmeht of Commerce, a complete and detailed written report setting forth:
(a) its operations and accomplishments during the fiscal year;
(b) the acco€ pl i shments and progress concerning the imp]e entation of the
strategic plan for the Area;
(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;
(2 ) any other powers or rsespopsibiIities conferred on the Agency por,soant
to the Act:
Section 3. Board of Commissioners of the_A ngy.
(1) The powers of the Agency shall be exercised by a board of
commissioners consisting of thirteen (13) commissioners to be appointed by the
City Commission by subsequent ordinance; provided, that the City Commission must .
appoint at least one (1 ) reprocnr3 a ti e e from each of he �..1 1 ,4..s m
.._...__ .�,�... ...�.+. ..,.,....t....o �v a v�.�o a.awe e Le the S ti 0 1 r���.�1(7
(a) the local Chamber of Commerce;
(b) local 'financial or insurance entities;
(c) the businesses operating within the Area;
(d) the residents residing within the Area
(e) non-profit community eased organizations operating with the Area;
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(f) the local private Industry Council :
(g) the City of Clearwater Central Permitting Department.,
(h) the City of Clearwater Community Response Team; and
(il the. City of Clearwater Police Department.
The City Cofluiission shall also consider the importance of minority
representation on the Agency by making appointments so that the Agency genelr°ally
reflects the gender and ethnic composition of the community as a whole.
(2) he:harms of office of the commissioners shall be for four M years,
except that, in k ing the initial appointments, the City Commission shall
appoint two ( ) members for terms of three (3) years, two (2) members for terms
of two ( ) years, and one (1) member for a term of one (1) year; the remlaj ning
initial members shall serve for terms of four (4) years. A vacancy
occurring
during a term,8hall be filled for the unexpired term. Each commissioner 'shalI
hold office until" a successor has been appointed and 'has ualifiede A
certificate of :the' appoi ntmoht or , reappointment of any commissioner, shall be
filed wit the O t Clerk, and the certificate is conclusive evidence of the dire
and 'proper appointment of the commissioner.
( The City Commission may remove a commissioner for inefficiency,
neglect of duty or misconduct i n offi ee only after a hearing and only if the
commissioner has been given a copy of the charges at least ten (l ) days prior;
to the hearing and has had an opportunity to be heard in persona or by COunsel .
(4) A commissioner steal l 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_.
(5) 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
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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 r qui rye a
arg r number;
13 pity Co i ssior� shah des
i nate y subsequent ordinance a chair
and vice-chair of the Agency from among the commissioners.
Section 4. Conflictinq Ordinances.
Ary ordinances, or parts of ordinances, in conflict herewith, are hesreby
repeated to the extent of such conflict.
Section 5. S�;everaViiit.
f any part of thi s Ordi nance steal 1 be decl ared uncdnsti tuti oral or invalid
by a court of competent jurisdiction, the remaining provisions shall remain i n
full force and effect
Section b. Effective Date
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING April- 20, 1995
PASSED ON SECOND AND FINAL
READIN&AND ADOPTED FTED AS AMENDED blay 4, 199
Rita Garvey, Mayor-Commis ner`�
Approved as to form and Attest:
legal sufficiency
A-1 a__�_
Miles A.`Lzin e, Assf�City Attorney 0;rnihia E. Goudeao, City Clerk
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