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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. I j `i 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 i 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 2 9 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 3 r., t ~/ 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' 4 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; 5 t .�s (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 6 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 7 EI:F- -i�i f EI T I' µ ra i -.,� ' ! i iAR'§ I "� ._l ] ,a�TSELA =Gr aT a 1 �,� BERMUDA ST ^,y � �zi > i a IIJJ - x .WY�. liLpv'.m.__ r'Aat 2i.,4i e L f a I t3 V❑a W.Y Y q gAJ. r ' TER �� .RIDGEL ATdE iT I°'1 IV4 ST aE a`3£E vd CiR 1 ice. RA R .. ,..._._Z'... 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