Fort Walton Beach Council agenda — 02-22-11 regular — reading text

to comply with City Council direction. 4. 2. Staff also requests City Council approval of the date of the next CRA meeting to be Tuesday, April 26, 2011, at 5: 00 P. M. ATTACHMENTS: Resolution 2011 -3 Council as CRA ( PDF) SIGNATURE BLOCK: Michael Beedie Completed. 02/ 10/ 20112: 56 PM City Attorney Completed 02/ 10/ 20113: 16 PM Carole Jones Completed 02/ 10/ 2011 3: 53 PM City Manager Completed 02/ 14/ 2011 9: 37 AM City Council Pending  RESOLUTION ( ID # 1146) 1. BACKGROUND: 1. 1. Chapter 163 of the Florida Statutes enables local governments to create a Community Redevelopment Agency. Chapter 163. 356 of the Florida Statutes states, " Upon a finding of necessity as set forth in s. 163. 355, and upon further finding that there is a need for a community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality may create a public body corporate and politic to be known as a community redevelopment agency "'. 1. 2. Chapter 163. 357 ( 1)( a) of the Florida Statutes states, " As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163. 355, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred ". 1. 3. At the January 25, 2011, City Council meeting, Council voted to direct the City Manager and City Attorney to take necessary actions to appoint Council as the CRA. 2. DISCUSSION: 2. 1. Resolution No. 2011 -3 serves to disband the current CRA Board of Commissioners, whose members were appointed by City Council, and designate City Council as the CRA. The seven members of the CRA will be filled by the elected Council members in Seats 1 through 7. 2. 2. Upon adoption of the resolution, it will be necessary to determine a date and time for the next CRA meeting. Staff recommends Tuesday, April 26, 2011, at 5: 00 P. M. 2. 3. At the next CRA meeting, amended by -laws will be presented that will detail the annual meeting schedule and officers will be elected. 3. FINANCIAL INFORMATION: 3. 1. Resolution No. 2011 -3 has no financial impact on the City. 4. RECOMMENDATION: 4. 1. Staff respectfully requests City Council adoption of Resolution No. 2011 -3 designating City Council as the Community Redevelopment Agency. 4. 2. Staff also requests City Council approval of the date of the next CRA meeting to be Tuesday, April 26, 2011, at 5: 00 P. M.  1 RESOLUTION 2011 -3 2 3 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, 4 DESIGNATING THE CITY COUNCIL AS THE COMMUNITY 5 REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS; 6 PROVIDING AUTHORITY; PROVIDING FOR CONFLICTS AND 7 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8 9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 10 BEACH, FLORIDA, THAT: 11 12 Section 1. Authority 13 Chapter 163 of the Florida Statutes authorizes the creation of a Community Redevelopment 14 Agency. Chapter 163. 357 ( 1)( a) of the Florida Statutes authorizes the governing body to declare 15 itself as the Community Redevelopment Agency by adoption of a resolution. 16 17 Section 2. Designation of City Council as Community Redevelopment Agency 18 On January 25, 2011, the City Council voted to assume all responsibilities of the 19 Community Redevelopment Agency. Therefore, the seven -member Community Redevelopment 20 Agency Board of Commissioners, who was appointed by City Council, is hereby disbanded, and all 21 rights, powers, duties, privileges, immunities, responsibilities, and liabilities of the Community 22 Redevelopment Agency are hereby assumed by the City Council. 23 24 Section 3. Membership of the Community Redevelopment Agency 25 The membership of the Community Redevelopment Agency shall consist of the seven 26 elected City Council members ( Seats 1 through 7). Officers of the Community Redevelopment 27 Agency (Chair and Vice Chair) shall be elected at the first regular meeting. 28 29 Section 4. Conflicting Provisions 30 All resolutions or part of resolutions in conflict with any of the provisions of this resolution 31 are hereby repealed. 32 33 Section 5. Severability 34 If any section of portion of a section of this resolution proves to be invalid, unlawful, or 35 unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other 36 section or part of this resolution. 37 38 Section 6. Effective Date 39 This Resolution shall take effect immediately upon approval by the City Council. 40 41 Adopted: 42 Mike Anderson, Mayor 43 44 45 46 Attest: Approved for form and legal sufficiency: 47 48 49 50 Helen Spencer, City Clerk Hayward Dykes, City Attorney To: Robert T. Mearns, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: February 22, 2011 Subject: Ordinance 1845 to Amend Chapter 2. 06 of the Code 1. BACKGROUND: 1. 1. Chapter 163 of the Florida Statutes enables local governments to create a Community Redevelopment Agency. Chapter 163. 356 of the Florida Statutes states, " Upon a finding of necessity as set forth in s. 163. 355, and upon further finding that there is a need for a community redevelopment agency to function in the county or municipality to carry out the community redevelopment purposes of this part, any county or municipality may create a public body corporate and politic to be known as a community redevelopment agency "'. 1. 2. Chapter 163. 357 ( 1)( a) of the Florida Statutes states, " As an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163. 355, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred ". 1. 3. At the January 25, 2011, City Council meeting, Council voted to direct the City Manager and City Attorney to take necessary actions to appoint Council as the CRA. 2. DISCUSSION: 2. 1. Ordinance 1845 amends Chapter 2. 06 of the Code of Ordinances, titled Community Redevelopment Agency, to reflect City Council assuming the responsibilities of the CRA. 2. 2. Section 2. 06. 01, Establishment; Membership, was amended to designate City Council as the Community Redevelopment Agency. 2. 3. Section 2. 06. 05, Retention of Powers, was deleted as the City Council is now the Community Redevelopment Agency. 3. FINANCIAL INFORMATION:  3. 1. Ordinance 1845 has no financial impact on the City. 4. RECOMMENDATION: 4. 1. Staff requests City Council adoption of Ordinance 1845 amending Chapter 2. 06 of the Code of Ordinances, titled Community Redevelopment Agency. ATTACHMENTS: Ordinance 1845 CRA ( PDF) SIGNATURE BLOCK: Michael Beedie Cor.ripleted 02/ 10/ 20114: 08 PM City Clerk Completed 02/ 14/ 2011 8: 31 AM City Attorney Completed 02/ 14/ 2011 12: 17 PM Carole Jones Completed 02/ 15/ 2011 11: 42 AM City Manager Completed 02/ 15/ 2011 11: 15 AM City Council Pending  1 ORDINANCE NO. 1845 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, 4 AMENDING CHAPTER 2. 06, COMMUNITY REDEVELOPMENT AGENCY, OF 5 THE CODE OF ORDINANCES; PROVIDING FOR AUTHORITY; PROVIDING 6 FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICTS AND 7 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 8 9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 10 CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 11 12 Section 1. Authority 13 The authority for enactment of this ordinance is pursuant to Section 2 of the City Charter, 14 and Chapter 163 of the Florida Statutes, latest revision. 15 16 Section 2. Purpose and Intent 17 Chapter 2. 06 of the Code of Ordinances is being amended to reflect the City Council 18 assuming the responsibilities of the Community Redevelopment Agency and to coincide with 19 Chapter 163, Part III of the Florida Statutes, entitled Community Redevelopment. 20 21 Section 3. Amendment of Chapter 2. 06, Community Redevelopment Agency 22 Chapter 2. 06, Community Redevelopment Agency, of the Code of Ordinances is 23 amended as follows: 24 25 a. Section 2. 06. 01, Establishment; Membership, of the Code of Ordinances is 26 amended as follows: 27 28 Pursuant to section 163. 356 & 163. 3571 F. S., there is created a board of eemmissioner-s o 29 4t,— ecommunity redevelopment agency. Members of the community redevelopment 30 agency board of eemmi scorer s- shall be the seven city council members 31 who occupy seats one through seven. The board shall l^ resist of seven membeFs. The 32 term of office shall coincide with the term of each city council member. of 33 oner- shall be for- four- years, e* eept that three of the members fiFst appei 34 shall be designated to sefve tefms of one, > and three years, 35 of their- k A nts and all other-fnembeFS Shall be des-igna4ed to sefve for-tefms of fou 36 37 38 39 b. Section 2. 06. 05, Retention of Powers, of the Code of Ordinances shall be deleted 40 in its entirety. All sections following Section 2. 06.05 shall be renumbered accordingly. 41 42 C. All references to sections of the Florida Statutes shall replace the symbol " §" with 43 the word " section ". 44 45 46 47 Section 4. Repeal of Conflicting Provisions 48 In the event any ordinance or parts of ordinances are in