HomeMy WebLinkAboutResolution 2008-38 SEED/BrownfieldRESOLUTION N0.2008-38
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, DESIGNATING THOSE PARCELS IDENTIFIED
IN THE MAP ATTACHED HERETO AS EXHIBIT "A" FOR
INCLUSION WITHIN THE SEMINOLE ECONOMIC
ENHANCEMENT DISTRICT / BROWNFIELD AREAS FOR
THE PURPOSE OF ENVIRONMENTAL REMEDIATION,
REHABILITATION AND ECONOMIC REDEVELOPMENT
("GREENEWAY INTERCHANGE S.E.E.D. / BROWNFIELD
AREA"); AUTHORIZING THE CITY CLERK TO NOTIFY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF SAID DESIGNATION AS REQUIRED BY
LAW; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, sections 376.77 through 376.85, Florida Statutes, known as the "Brownfield
Redevelopment Act" ("the Act") authorizes the designation by resolution of certain lands as
"Brownfield Area", and for the corresponding provision of environmental remediation,
rehabilitation, and economic redevelopment for such areas; and
WHEREAS, the City Commission finds that the proposed area set forth herein warrants
economic development and has a reasonable potential for such activities; and
WHEREAS, the City Commission finds the proposed area represents a reasonably focused
approach and is not overly large in geographic coverage; and
WHEREAS, the City Commission finds the proposed area has potential to interest the
private sector in participating in rehabilitation; and
WHEREAS, the City Commission finds the proposed area contains sites or parts of sites
suitable for limited recreational open space, cultural, or historical preservation purposes; and
WHEREAS, pursuant to section 376.80(2)(a), Florida Statutes, the City of Winter Springs
has held a public meeting on a August 5, 2008 in the area to be designated as a Brownfield Area, as
more particularly described in Exhibit "A";
City of Winter Springs
Resolution No. 2008-38
Page 1 of 3
WHEREAS, the City Commission desires to designate the parcels described in Exhibit "A"
as the Greeneway S.E.E.D. / Brownfield Area; and
WHEREAS, City Commission deems that this Resolution is in the best interests of the
public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
SECTION 1. Incorporation of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by reference.
SECTION 2. Designation of Greeneway Interchange S.E.E.D. / Brownfield Area The
City Commission of the City of Winter Springs hereby designates those parcels identified on the map
attached hereto as Exhibit "A" and fully incorporated herein by this reference, as part of the
Seminole Economic Enhancement District (S.E.E.D.) / Brownfield Area ("the Area") for
environmental remediation, rehabilitation, and economic redevelopment as set forth in the Act
pursuant to the following terms and conditions:
A. The City of Winter Springs shall, as soon as is practical, designate the entity or
entities responsible for the remediation and rehabilitation of the Area, or specific
portions thereof, pursuant to Section 376.80(3), Florida Statutes.
B. The designation of the Area by this Resolution does not render the City of Winter
Springs responsible for the costs and liabilities associated with site remediation,
rehabilitation, economic development, or source removal, as those terms are defined
in the Act, unless the City of Winter Springs specifically designates itself as a
responsible person pursuant to section 376.80(3), Florida Statutes.
C. Nothing in this Resolution shall be deemed to prohibit, limit, or amend the authority
and power of the City of Winter Springs to designate any other property or properties
as a Brownfield / S.E.E.D Area, or to modify, amend, or withdraw the designation
as established herein.
SECTION 3. Directions to City Clerk. Upon adoption of this Resolution by the City
Commission, the City Clerk shall notify the Florida Department of Environmental Protection of the
City's designation of the Area consistent with the requirements of the Act.
SECTION 4. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
City of Winter Springs
Resolution No. 2008-38
Page 2 of 3
portions of this Resolution.
SECTION 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 6. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs; Florida; in a regular
meeting assembled on this 25"' day of August, 2008.
JOHN F. BUSI/[; Mayor
ATTE
L
A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City nter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2008-38
Page 3 of 3
EXHIBIT A --~
GREENEWAY INTERCHANGE SEMINOLE ECONOMIC
ENHANCEMENT DISTRICT/BROWNFIELD AREA
F-
.,.. _
! j
~T~ t '~.
_4 ,~. ~~
L~~ d:..h~ ~ __._..._...,.,~.....~..... .._.....
~~..ll^,
~ ~ z t
{ tiq
"~v`,f
i
t
*1
d ~ j.
E i ~ 4`,x~
f ~ 4 ~'
i
r
3
a: i ~
4~~. ~ ~ ~ 1
~~~ a
..~.~
__ ~
~~ `~
r _ ...............~..~.._~n:.
~..
~~ i
5 t ~ ~ e,-" Sir 1 ~
., T ~ _._Sw.-
P 4 ~`' 'S "" . '' - L.Y it ~ ~.
i ~„.
~ ~ .. ~`' _ a ~ ~ ~. _
{{ I
T
a