9744-24 DocuSign Envelope ID:8855D26B-OAED-4645-A53E-42D8552F359F
ORDINANCE NO. 9744-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 OF THE
CLEARWATER CODE OF ORDINANCES; AMENDING THE
STATEMENT OF POLICY AND FINDINGS OF THE DOWNTOWN
DEVELOPMENT BOARD; AMENDING THE GOVERNANCE
STRUCTURE OF THE BOARD; 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, the City has been advised by Jonathan Darden, Policy Chief for the
Florida House of Representatives, that the City can by ordinance restructure the
governance of the DDB; and
WHEREAS, the City intends to create strategic alignment and more efficient
operations involving itself, its Community Redevelopment Agency ("CRA"), and the DDB;
now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. 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 bear the substantial cost of the program in order to solve
a local problem on a local level.
Ordinance No. 9744-24
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(2) The city council hereby declares that the many challenges that have limited economic
growth and development in the District include the following: obsolete and insufficient
infrastructure, insufficient availability of office space and housing, and obsolete and
substandard office space and housing. Voluntary cooperation for coordinated
development has limitations because of fragmentary ownership, distant absentee
ownership, unusual conditions of title, and other conditions.
(3) 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. Effective devices for removal include: planning and implementation of
planning for appropriate land use, beautification projects, construction of new
infrastructure, and the removal of deteriorated and obsolete structures.
(4) Responsibility for the planning and implementation in the District rests primarily with
the city and the CRA. The city council declares that the powers of the Board are to:
(a) 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) Create strata is aii r r ant a or c rvc iAwie f r property owners, businesses,
residents and both overnMetai and,private organizations in the District;
(c) Create a sense of community that supports existing businesses and residents and
attracts new businesses and residents to the District;
(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.
Section 2. That section 2.145, "Freeholders' referenda and elections,"
Clearwater Code of Ordinances is hereby stricken in its entirety and repealed.
Section 3. That section 2.146, "Eligibility to vote," Clearwater Code of
Ordinances, is hereby stricken in its entirety and repealed.
Section 4. 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 composed of seven members to be known as the
Clearwater Downtown Development Board.
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2) otwithstanding an City ordinance to the contrary, each voting Board member who
was most rec ently elected, reeletedo appointed, or reappointed in the veers 2022 or 2023
shall conclude their Board service on March 31 2024.
3) Be_ inning April 1, 2024, and without further action bein required y the City, the five
members of the City Council shall, as an additional dut in public office, also serve as
voting members of the oard. The Mayor shall serve as the chairperson of the oard.
�4 In addition, the City Council shall at a public meeting in (March of 2024 appoint or
rea Dint two citizens to serve on the oard as voting members alongside the City
Council. These two citizens shall be selected from those Board members who were
elected or reelected to the Board in 2024. These two Board members shall remain in
office throughout the three ear terra to which they were elected, said terra endin_ on
December 31 2027.
At a public meeting in October 2027, and ever three years thereafter, the City Council
shall appoint or reappoint two citizens to serve as Board members alongside the five City
Council members. To qualify for service on the Board and to remain qualified for service
on it, the two citizens Board members shall either reside within the District have the
member's principal place of business w-a&�or employment in the District,_-or
own real property in the District. Each citizen ap ointed pursuant to this subsection shall
serve a term of three years, be irc January 1, 202 , and mart succeed himself or
herself in office if reap ointed.
( ) Any vacancy on the Board caused by a vacancy in a City Council seat shall be filled
in the same manner and the same person appointed to serve ire the vacant City Council
seat. And se g g f c-,e shall be filled by
majority vote of the remaining Board members within 60 days of the vacancy, and the
person appointed shall serve as a Board memberR4h t-a ua te-G for the
duration of the three year terra applicable to that seat. Any person appointed shall
possess all the qualifications required of a Board member. If the majority of the Board is
unable to appoint someone to fill the vacancy within 60 days, the eCity ouncil shall
have the power to make the appointment. _ ,
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(7) Each member of the Board shall serve without compensation for services rendered
as a member, but may be reimbursed by the Board for necessary and reasonable
expenses incurred in the performance of duty. J J m than a �,�
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No member of the Board shall be
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personally liable for any action taken in attempting in good faith to perform the member's
duty or for a decision not to act, except in instances of fraud or willful neglect of duty.
Section 5. That section 2.148, Clearwater Code of Ordinances, be amended by
adding the underlined language and deleting the stricken language as follows:
(1) Except in relation to decorum rules, the 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. Among other provisions, the bylaws shall provide for c-GR4 G of
r °w Foci^ 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. The rules of decorum apiicale to oard meetings
shall be the same as those appiicabie to the City Council, as amended from time to time.
(2) Four voting members of the Board shall constitute a quorum for the transaction of
business, but fewer than a quorum may adjourn from time to time and may compel the
attendance of absent members. All action shall be taken by vote of at least a majority of
the _board members.
(3) The Board shall schedule regular meetings at least once a month and shall provide
in its bylaws a method 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 Freeholders in the District shall be notified of the time and place of all
regular and special meetings min the same manner and to the same extent
that the public is notified of meetings held by the City Council or the CgMD unity
Redevelopment A enc s. As provided in Florida Statute 286.0114, members of the
public, inciading but not limited to Freeholders in the District, FF
shall �� be afforded a reasonable oppgunit to
be heard prior to official action being taken y the oard e wring the matter on which
Section 6. That section 2.152, Clearwater Code of Ordinances be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 2.152. — Millage limitations.
This division provides for the establishment of a special taxing district under the
Florida Constitution, art. VII, § 9, and the millage limitations are specified within this
division as authorized by the constitution. Should any court construe this division to be
within the+ems i tin4tati ash ---c ten-mill limitation of the county, then all provisions
of this division shall be null and void, and this division shall be repealed. Should an court
construe this division to be within the ten-mill limitation of the city, said millage shall e
upi°eid as municipal millage and count acair�st the ten-mill limitation described in Article
Vll, ( ) of the Florida Constitution,
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Section 7. 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 8. This ordinance shall take effect upon passage.
PASSED ON FIRST READING February 1, 2024
PASSED ON SECOND AND FINAL February 15, 2024
READING AND ADOPTED
DocuSigned by:
a"St
Brian Aungst, Senior
Mayor
DS
Approved as to form: Attest:
DocuSigned by: DocuSigned by:
David Margolis Rosemarie all
City Attorney City Clerk
5 Ordinance 9744-24