5840-95 ORDINANCE NO. 5840-95
AN ORDINANCE OF THE CITY OF C:LEARWATER,
FLORIDA, AMENDING ORDINANCE 5815-95, SECTION
2, POWERS OF THE AGENCY AND CITY CCIVIMISSIO
PROVIDING ANT EFFECTIVE DATE.
BE ITS ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 2 of Ordinance 5515-95 is amended as
follows:
Section 2 . Powers and Responsibilities of tj a Aye
A. The Agency shall have the following powers and
responsibilities e
3 i Y °Y and
2) to adopt a set of bylaws to govern -its meetings: and
other activities
(-5) (?) to file with the City Commission and with the
Auditor General for the State of Florida, on or before march X6`1 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, they 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,
y ' Va J
(3 ). to make quarterly reports to the City Commission
evaluating the progress in implementing the strategic plan for the
area
(4) ts� assist in the development and implementation of
the strategic elan for the Area,
(S); to oversee and monitor the implementation of the
strategic plan for the area:;
( 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;
(a }) ) r for to December 1 of each year, submit to the
State of Florida, Department of Commerce, a complete and detailed`
written report setting forth
(a accomplishments during the fiscal
a
year
(?o) the accomplishments and progress concerning the
implementation 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,
( ) (a) any other powers or responsibilities conferred on
the Agency pursuant to the Act.
B. The o� o ina powers and responsibilities shall be
tio Clearwater actno el� of by the � e � o g
the gency, or, ontingent u on approval by the City, such p,r wers
and res ions b�li'ties shall be performed by the .Aaeency:
a a: subject to iuELjjDA availability, to emDlov an executive
directoi2, teoh iCal experts-,- legal counsel and such rather a eft nts
and employees,_a�De manert -- and temporary as it requires. - I
determine thggir_,quaiifications, duties and compensation:
(4) (2) to review, process, and certify applications for
state enterprise zone tax incentives pursuant to F.S.
1 . 08(5) (g) , §212 . 08 (5) (h) , §212 . 08 (15) , §212. 096, 5220.181, and
220. 152;
(-I- ) (3) to provide assistance to businesses and residents
within the enterprise zone,
(44) (A) to promote the development of the enterprise zone,
including preparing, purchasing, and distributing by mail or 'ether
-means of advertising, literature and other material concerning the
ertcrpr- se 2c;aYi and enterprise zone incentives;
(44) (5) to borrow money and apply for and accept advances,
loans, grants,, contributions, and any other farm of financial
assistance from the Federal Government or the state, county, or
other public body or from any sources, public or private, for the
3
dS_.
purposes of the Atct, and to g W, ve such security as may be required
and to enter into and carry out contracts or agreements ;L
connection therewith` and to include in any contract for financial
assistance with the Federal Government for or with respect to thy:
development of the enterprise zone and related activities such
conditions imposed pursuant to federal laws as the governing body
=seems reasonable and appropriate which are not inconsistent with
the ZUrposes of this section;
( 3-) (6) to appropriate such funds and rake such expenditures
as are necessary to carry out the purposes of the Act`;
to make and execute contracts and other instruments
necessary or convenient to the exercise of its powers under this
section;
( ) 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,
(-I-&) (a) 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;
( ( 4 ) t.o purchase, sell, or hold stock, evidences of
indebtedness., and other capital participation instrument--;
( ) ( ) 22D t.incent ps appro ra b tie c�cverna° o ]cad r the
Agog � t-e invest in community investment corporations which
conduct, or agree to conduct,, loan guarantee programs assisting
m.inority business enterprises located in the enterprise zone. In
making such inve�i ments, The agency shall first attempt to invest
4
i f Jf'
in existing community investment corporations, providing services
in the enterprise zone. Such investments shall be made under
conditions reqnaired by law and as the agency 'inay require
including,, but not limited to
(a) The funds invested by the agency shall be used to provide
loan guarantees to individuals for minority business enterprises
located in the enterprise se zone
(b) The 4community investment corporation may not approve any
ap lice Lion for a lean 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
�egtL 2 ., This ordinance shall take effect immediately upon
adoption
PASSED ON FIRST READING May 18, 199
F 5
PASSED ON SECOND AND FINAL
READING AND ADOPTED Tune 1, 1995
4
Rita Garvey, Mayor- oa .missiorer
Attest!
Cy#hia Em Gou eau, City Clerk
'J
Approved as to form and
legal sufficiency:
(Clu
Miles A. Lance, Asst. City Attorney,
5
if
EX ORDINANCE NO. 5840-95 (p 17 5 *('
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING ORDINANCE 5815-95, SECTION
2, POWERS OF THE AGENCY AND CITY COMMISSION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section i. Section 2 of Ordinance- 5815-95 is amended as
follows:
Section 2. Powers and Responsibilities of the Agency.,
A. The Agency shall have the following powers and
responsibilities upon approval of the City Commission:
(1) subject to funding availability, to employ an executive
director, technical experts, legal coenccl, and such other agcnta
and employees, permancnt and temporary, as it requires, and
determine thcir qualifications, duties and compensation;
(4) (1) to adopt a set of bylaws to govern its meetings and
other activities;
(§) (2) 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;
\l •q 4
(f) (3) to make quarterly reports to the City Commission
evaluating the progress in implementing the strategic plan for the
Area;
(4) (4) to assist in the development and implementation of
the strategic plan for the Area;
(4) (5) to oversee and monitor the implementation of the
strategic plan for the Area;
(4) (6) to identify and recommend to the City Commission
ways to remove regulatory barriers;
(8.) (7) to identify to the City of Clearwater the financial
needs of, and local resources or assistance available to, eligible
businesses in the Area;
(49) (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;
(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
2
(f) any other information required by the State of Florida,
Department of Commerce;
(4-G) (9) any other powers or responsibilities conferred on
the Agency pursuant to the Act.
B. The following powers and responsibilities shall be
performed by the City of Clearwater acting as the manacling agent of
the Agency, or, contingent upon approval by the City, such powers
and responsibilities shall be performed by the Agency:
(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;
(3) (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) , 5212 . 08 (15) , 5212. 096, 5220.181, and
220. 182;
(3-G) (3) to provide assistance to businesses and residents
within the enterprise zone;
(34) (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;
( 4) (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
3
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;
(43) (6) to appropriate such funds and make such expenditures
as are necessary to carry out the purposes of the Act;
(34) (7) to make and execute contracts and other instruments
necessary or convenient to the exercise of its powers under this
section;
(ass) (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;
(.6) (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;
(+4) (10) to purchase, sell, or hold stock, evidences of
indebtedness, and other capital participation instruments;
(4.8.) (11) contingent upon approval by the ctovernina body, the
Agency may to invest in community investment corporations which
conduct, or agree to conduct, loan guarantee programs assisting
minority business enterprises located in the enterprise zone. In
making such investments, Tthe agency shall first attempt to invest
4
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 minority 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 2 . This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING May 18, 1995
PASSED ON SECOND AND FINAL I lREADING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to form and
legal sufficiency:
1 011
l /
Miles . Lance, Asst. City Attorney
5