9414-20ORDINANCE NO. 9414-20
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 OF THE
CLEARWATER CODE OF ORDINANCES; AMENDING
DEFINITIONS; AMENDING THE STATEMENT OF POLICY AND
FINDINGS OF THE DOWNTOWN DEVELOPMENT BOARD;
AMENDING THE BOUNDARIES OF THE DOWNTOWN
DEVELOPMENT BOARD; AMENDING REFERENDA AND
ELECTIONS PROCESS HELD BY FREEHOLDERS IN THE
DOWNTOWN DEVELOPMENT BOARD GEOGRAPHIC AREA;
AMENDING THE ELIGIBILITY REQUIREMENTS TO VOTE IN
FREEHOLDERS' ELECTIONS; AMENDING THE BYLAWS,
QUORUM, AND MEETING REQUIREMENTS FOR THE
DOWNTOWN DEVELOPMENT BOARD; AMENDING THE
FUNCTIONS AND POWERS OF THE DOWNTOWN
DEVELOPMENT BOARD; CREATING A VOTING CONFLICT OF
INTEREST REQUIREMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature created the Clearwater Downtown
Development Board ("the DDB") on July 2, 1970 through Ch. 70-635, Laws of Fla.; and
WHEREAS, the Florida Legislature subsequently converted governance of the
DDB to local ordinance on June 30, 1977 through Ch. 77-637, Laws of Fla.; and
WHEREAS, the City of Clearwater ("the City") subsequently codified the DDB's
purpose, functions, and powers in Chapter 2, Article III, Division 5 of its Code of
Ordinances; and
WHEREAS, the City has, from time to time, amended that part of the Code of
Ordinances which governs the DDB; and
WHEREAS, at its February 5, 2020 meeting the DDB recommended that the City
adopt further amendments to that part of the City's Code of Ordinances which governs
the DDB; and
WHEREAS, the City reviewed the proposed amendments and finds that it is in
the interests of the public health, safety, morals, and welfare of the City's residents to
make certain amendments to that part of the City's Code of Ordinances which governs
the DDB; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Ordinance No. 9414-20
Section 1. That section 2.141, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.141. - Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings and construction ascribed to them in this section, except where the
context clearly indicates a different meaning:
Board means the Clearwater Downtown Development Board created pursuant to
this division and any successor to its functions, authority, rights and obligations.
CRA means the Community Redevelopment Agency of the City of Clearwater,
Florida, created pursuant to Resolution 81-67 and Ordinances 2576-81 and 2779-82, as
the same may be amended from time to time.
District means the area established by
section 2.144 and any areas added pursuant to such section or a different area created
by eliminating any portion of such area.
Freeholder means any individual, corporation, or other artificial legal entity, who
is an owner of real property in the District not wholly exempt from ad
valorem taxation including those claiming homestead.
Including shall be construed as merely introducing illustrative examples and not
as limiting in any way the generality of the inclusive term.
Section 2. That section 2.143, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.143 — Statement of policy and findings.
(1) It is the policy of the city to •• _ - ' _ - _ - - _ _ - ' _
preserve property values and prevent deterioration in the District by revitalizing and
preserving the District as a central business district
with places to live, work, and
spend leisure time. Recognizing that property owners in the District directly benefit from
such a program, it is a purpose of this division to provide the means whereby those
property owners - • - _ _ _ - _ - - _ _ _ _ _
prowl -bear the substantial cost thereof of the program and therefore in order to
solve a local problem on a local level.
(2) The city council hereby declares that among the many Pauses
- challenges that have limited economic
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Ordinance No. 9414-20
growth and development in the District include the following:
obsolete and
- - - - - • - - - insufficient infrastructure, insufficient availability of
office space and air pollution. housing, and obsolete and substandard office space and
housing. Voluntary cooperation for coordinated development has limitations because of
fragmentary ownership, distant absentee ownership and, unusual conditions of title, and
other conditions.
' It is in some instances a proper function of government to
remove blight and blighting influences from commercial areas. The police power may be
inadequate to accomplish this purpose. Ane—effectiver�ve device Effective devices for
removal : • - _ _ _ - • - include: planning and implementation
of planning for appropriate land use, and beautification proiects, construction of new
infrastructure, - - _ _ _ _ _ - _ _ _ _ - - • • _ _ _ - _ ,
and the removal of deteriorated and obsolescent obsolete structures.
Responsibility for the planning and implementation in the
- - - - - - - - - District rests primarily with the city and the
CRA. The city commission council declares that the powers of the
division Board are desired to:
(a) Guide Assist the city and the CRA to guide and accomplish the
coordinated, balanced and harmonious development of the District in
accordance with existing and future needs;
(b)
Promote the health, safety and general welfare of the area, and its
- • - - -• Serve as a voice for property
owners, businesses, residents and organizations in the District;
ee-
(c)
Create a sense of community that
supports existing businesses and residents and attracts new businesses and residents
to the District;
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Ordinance No. 9414-20
(d) - " ' - ° = • - • • • , Assist the city and the CRA in
implementation of the Clearwater Downtown Redevelopment Plan and any amendment
or successor thereto; and
(e) " ° ' - - - ' - - ' ° - . - _ - = - - - - - - ; - • : Assist the city and
the CRA to provide a way of life which combines the conveniences and amenities of
modern living with the traditions and pleasures of the past.
(f) Assist the city and the CRA to provide pedestrian safety
Section 3. That section 2.144, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.144 — Boundaries of the District.
(1) Established. The District included in this division shall be
all those properties which lie within the perimeter described as follows: Beginning where
Jones Street ends at Clearwater Bay running east on Jones Street to Myrtle Avenue;
thence south on Myrtle Avenue to Drew Street; then east on Drew Street to Prospect
Street; then south on Prospect Street to Grove Street; then east on Grove Street to
Greenwood Martin Luther Kinq Jr. Avenue; then south on Greenwood Martin Luther
King Jr. Avenue to Laura Street; then east to include those properties fronting on
Cleveland Street to Fredrica Avenue; then south on Fredrica Avenue to the southerly
boundaries of the properties fronting on Cleveland Street; then west on those southerly
boundary lines to Madison Avenue; then south on Madison Avenue to vacated Park
Street; then west to Washington Avenue; then south on Washington Avenue to Gould
Street; then west on Gould Street to Greenwood Martin Luther King Jr. Avenue; then
north on Greenwood Martin Luther King Jr. Avenue to the southerly boundary of Lots 24
and 9 of Block B of Coachman Heights Subdivision; then west on the south lot lines of
Lots 24 and 9 to Ewing Avenue; then south on Ewing Avenue to Court Street; then east
on Court Street to Greenwood Martin Luther King Jr. Avenue; then south on
Greenwood Martin Luther Kinq Jr. Avenue to the southerly boundaries of those
properties fronting on Chestnut Street; then west on those southerly boundaries to
Myrtle Avenue; then south on Myrtle Avenue to Turner Street; then west on Turner
Street to East Avenue; then north on East Avenue to the southerly boundaries of those
properties fronting on Chestnut Street; then west on those southerly property lines to
the old ACL Railroad right-of-way; then north on that right-of-way to Chestnut Street;
then west on Chestnut Street to an alley; then south on the alley to Rogers Street; then
west on Rogers Street to South Fort Harrison Avenue; then north on South Fort
Harrison Avenue to Chestnut Street; then west on Chestnut Street to Clearwater Bay.
(2) Amendment. • _ _ _ _ _ _ _ _ _ _ - _ - _ _ . - The Board shall have the
power from time to time by the following procedure to alter or amend the boundaries of
the District:
4 Ordinance No. 9414-20
(a) The board Board shall first set a date for public hearing on the adoption of
a resolution amending the description of the downtown -area District and 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 four times, not less than 30 nor
more than 60 days from the date of the hearing. The notice shall set forth include the
date, time and place of the hearing, and shall describe the boundaries of the existing
District and shall describe the changes to be
made thereto. Additionally, the board Board shall cause to be mailed to each owner of
the property Freeholder, according to the tax collector's records existing in the county, a
copy of the notice as published in the paper.
(b) After the public hearing, the beard Board shall adopt a resolution defining
the changes in the District. The board Board shall not incorporate land
into the distfist District not included in the description contained in the notice of public
hearing, but it may eliminate any lands from the proposed area.
(c) A freeholders' Freeholders' referendum, as set out in section 2.115, shall
then be held ' If additions to the area defined in this tion rwith
District are proposed, only those voting Freeholders located in the new area being shall
be eligible to vote. However,if If any deletion - _ - . _ - • - _ - . _ -
section, then is proposed, all the freeholders Freeholders within the area defined in this
section District shall be entitled eligible to vote in the freeholders•' referenda
Section 4. That section 2.145, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.145. — Freeholders' referenda and elections.
(1) Except as otherwise provided in this section, Freeholders' referenda and
elections shall be governed by the bylaws adopted by the Board as amended from time
to time.
(4)21 Election supervisor.
and ions, th- board The Board shall use an independent entity to act as election
supervisor and do all things necessary to carry out the provisions of this section, except
(2 Registration from tax assessment rolls. The list of the
names and the last known addresses of the freeholders Freeholders in the downtown
area District obtained from the tax assessment rolls of the county and such list shall
ewe be used as the registration list for the purposes of any freeholders
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Ordinance No. 9414-20
section- Within 30 days after the closing of the registration list, the election supervisor
shall have a secret and direct ballot of the freeholders Freeholders. One ballot shall be
allowed for each parcel of property.
(-}01 Passage of division Referendum. The freeholders Freeholders shall be
deemed to have approved the passage of64d:1—time—as any referendum if and when the election supervisor certifies to the
Board that in excess of 50 percent of those voting were
in favor of the measure referendum.
one person, the Joint and several owners of the parcel shall designate a voting
Term of service. Members of the Board shall be elected for three-year terms, with two
or three members being elected each year. In any election, each qualified voter shall
have the right to write in any additional person on the ballot for any open seat.
(8) Dissolution. The dissolution of the district District, the abolition of the
board Board, and the repeal of this division may be requested by a petition of the
freeholdere Freeholders representing at least 30 percent of the freeholders Freeholders
in the District. Upon the receipt of such a the petition by the city clerk,
the board Board shall consider and decide whether to
- - - - - - - - - - - - have a
Freeholders' referendum on the issues of dissolution, abolition, and repeal.
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Ordinance No. 9414-20
(9) Cost of elections. The cost of elections to -be and referenda held under this
division shall be borne by the board Board.
Section 5. That section 2.146, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.146. - Eligibility to vote.
In order to further the policies and purposes of this division, as is specified in
section 2.113, it is determined that those most directly and uniquely interested in the
establishment- of this division are the freeholders property owners that may have to pay
taxes in connection with the establishment of this division. Therefore, only—these
division Freeholders are eligible to vote. Any person voting who has knowledge that he
or she is not a Freeholder or designated representative of a Freeholder shall be guilty of
perjury and shall be prosecuted.
Section 6. That section 2.147, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.147. - Creation; members.
(1) There is hereby created a board Board composed of seven members to
be known as the Clearwater Downtown Development Board.
(2) The members of the board shall be elected for three year terms, with two
serve for three year -terms.
(-4)21 To qualify for service on the board Board and to remain qualified for
service on it, a board Board member shall have bis or her the member's principal place
of business ownership or employment in the District or shall own real
property in the District.
7 Ordinance No. 9414-20
{5301 Any vacancy in office shall be filled by majority vote of the remaining
board Board members within 60 days of the vacancy and the person se appointed shall
serve as a beard Board member until the next annual election. Any person se appointed
shall possess all the qualifications required of a beard Board member. If the majority of
the Board is unable to appoint someone to fill the vacancy within 60 days, the city
council shall have the power to make the appointment. At the next annual election, the
number of beard Board members to be elected shall be increased to include the
appointed position and enable the freeholders Freeholders to elect a beard Board
member to serve the remainder of the unexpired term, if any. The nominee receiving the
greatest number of votes after those elected for three-year terms shall be elected and
shall serve for the remainder of the unexpired term.
{6)(4) Each member of the beard Board shall serve without compensation for
services rendered as a member, but may be reimbursed by the beard Board for
necessary and reasonable expenses actually incurred in the performance of duty. The
beard Board may require that all its members or any or all of its officers or employees
be required to post bond for faithful performance of duty. The board With the exception
of accounts managed for the Board by the city, the Board shall require such bond of all
persons authorized to sign checks or disbursements on accounts of the beard Board,
and the beard Board shall pay bonding costs. No member of the beard Board shall be
personally liable for any action taken in attempting in good faith to perform his the
member's duty or for a decision not to act, except in instances of fraud or willful neglect
of duty.
Section 7. That section 2.148, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.148. - Bylaws; quorum; ef#'icorc; meetings.
(1) The beard Board shall formulate and may amend its own rules of
procedure and written bylaws, not inconsistent with this division, by majority vote of the
board Board. Among other provisions, the bylaws shall provide for conduct of referenda
and elections, maintenance of funds of the Board, internal supervision and control of its
accounts, maintenance of minutes and other official records, preparation and adoption
of a budget, and conduct of an external audit, all in compliance with applicable laws,
ordinances and regulations.
(2) Four voting members of the board shall constitute a quorum for the
(2) Four voting members of the beard Board shall constitute a quorum for the
transaction of business, but fewer than a quorum may adjourn from time to time and
8
Ordinance No. 9414-20
may compel the attendance of absent members. All action shall be taken by vote of at
least a majority of the board members.
(4)L11 The board Board shall schedule regular meetings at least once a month
and shall provide in its bylaws for holding special meetings. Regular meetings may be
cancelled by the chairperson if there is nothing on the agenda, or there is otherwise no
necessity to have a meeting. All free Freeholders in the District
shall be notified
of the time and place of all regular or and special meetings as
required for public meetings by Florida constitutional and statutory law and shall have
the right to attend and voice opinions at such the meetings.
Section 8. That section 2.149, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.149. - Functions.
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Ordinance No. 9414-20
10
Ordinance No. 9414-20
(1) The Board shall perform the following functions:
(a) Adopt an annual budget and accompanying work plan for the purpose of
identifying means to achieve the goals and purposes of this ordinance.
(b) Convene Freeholders, businesses, residents, and other District
stakeholders to establish a shared vision for District redevelopment and preservation.
(2) Although the Board shall not provide city government services, it shall,
from time to time as it deems necessary perform the following functions:
(a) Advise the city and the CRA on planning and implementation of governmental
services in the District.
(b) Assist the city and the CRA in formulating and maintaining both short-range
and long-range plans for the District.
(c) Advise the city and the CRA on policies and procedures which will succeed in
supporting existing businesses and bring more businesses and residents into the
District, thus improving the District's tax base and overall economic conditions.
(d) Enter into public-private partnerships whose purpose is to improve the District
tax base and overall economic conditions.
(e) Plan, fund, and implement marketing activities.
11 Ordinance No. 9414-20
(f) Such additional lawful projects and undertakings related to the District as the
city council or the CRA trustees may request, proiects identified in adopted plans, and
other activities that will improve the tax base or revitalize and preserve the District.
Section 9. That section 2.150, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.150. - Powers.
In the performance of the functions vested in or assigned to the board Board
under section 2.150, the board Board is hereby granted the power to:
(1) Enter into contracts and agreementsin section 2.140, and sue and be sued as a body corporate;
(2) ; Receive revenues from any lawful source,
including but not limited to, revenues from any property or facility owned, leased,
licensed, or operated by it or under its control;
(3) Accept grants and donations of any type of property, labor, or other thing
of value from any public or private source;
(4) Receive the proceeds of the tax imposed by this division;
(5) Have exclusive control of funds legally available to it, subject to limitations
imposed upon it by law or by any agreement validly entered into by it;
(5) Receive revenues from any lawful source, including but not limited to,
revenues from any property or facility owned, leased, licensed, or operated by it or
under its control;
(6) Cooperate and enter into agreements with other governmental agencies
or other public bodies, except that nothing in this division shall be construed as
authorization to initiate a federally subsidized urban renewal program ch
Section 10. That section 2.151, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.151. - Levy of ad valorem tax.
For the fiscal year to be specified in the bylaws beginning after the approval of
this division by the frrn eholdefS Freeholders, the county shall levy an ad valorem tax in
addition to all other ad valorem taxes that may be levied annually by the county on all
properties within the area described in section 2.114 the District, except those
12 Ordinance No. 9414-20
properties qualifying for homestead exemption, and shall administer such levy as a
special taxing district levy authorized by freeholders Freeholders' vote under the Florida
Constitution, art. VII, § 9. The rate shall not exceed one mill on each dollar of tax base
and the downtown development beard Board shall establish its budget for the coming
fiscal year prior to the time the tax collector of the county shall prepare the tax bills and
communicate by written notice to the county tax assessor what millage rate, within the
one -mill limit, shall be in effect for each year's billing; provided, however, that the one -
mill limitation can be increased in a freeholders Freeholders' referendum called by the
beard Board and held in accordance with section 2.145. a The referendum shall
be solely on the question of any increase in millage and shall not be construed to be a
repeal of the original referendum.
Section 11. That section 2.153, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.153. Conflicts of Interest.
(3) No member or employee of the board shall participate by vote or
Voting conflicts shall be governed by § 112.3143, Fla. Stat.
Section 12. That section 2.155, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
13 Ordinance No. 9414-20
Sec. 2.155. - Transfer of property upon cessation of the beard Board.
Should the beard Board cease to exist or to operate for whatever reason, all
property of whatever kind shall forthwith become the property of the city, subject to the
outstanding obligations of the beard Board incurred in conformity with all of the
provisions of this division, and the city shall use this property to the maximum extent
then practicable for effectuating the purposes hereof and shall succeed to and exercise
only such powers of the beard Board as shall be necessary to meet outstanding
obligations of the beard Board and effect an orderly cessation of its powers and
functions; however, under no circumstances shall the city directly or indirectly be
obligated to pledge or use any of its tax monies to accomplish these functions.
Section 13. Should any of the clauses, sentences, paragraphs, sections or parts
of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of
law or administrative agency with jurisdiction over the matter, such action shall not be
construed to affect any other valid portion of this Ordinance.
Section 14. This ordinance shall take effect immediately upon adoption.
NOV 0 5 2020
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Michael P. Fuino
Assistant City Attorney
NOV 19 2020
4.t.44 7-31/4
Frank V. Hibbard
Mayor
Attest:
Rosemarie CaII
City Clerk
14 Ordinance No. 9414-20