HomeMy WebLinkAbout1998 06 22 Consent Item D
C10MMISSION AGENDA
~
ITEl'lI D
Consent
Information
Public Hearin
Re ular
June 22. 1998
M~:eti ng
REQUEST: The City Manager requests the City Commission authorize the Mayor to
execute an Interlocal Agreement establishing the US. Highway 17/92 Corridor
Redevelopment Planning Agency.
PURPOSE:
The purpose of this Board item is to request the Commission to authorize the Mayor to
execute an InterIocal Agreement between the county and the participating cities
establishing the US. Highway 17/92 Corridor Redevelopment Planning Agency
including the Bylaws of the proposed US. 17/92 Redevelopment Planning Agency.
CONSIDERATIONS:
· The Board of County Commissioners approved the content of the US. 17/92
eRA Multi.'party lnterlocal Agreement at their regular meeting on June 9, 1998
and authorized distribution to participating cities for consideration.
· City and county staffs have revised the initial draft of the InterIocal Agreement
and a legal ;~eview has been made by the county legal staff Although the
revisions below do not constitute the entirety of the revisions to the "draft
interIocal agreement", they are the most substantive. Other parts of the draft
agreement may have been modified to re-enforce a legal concern, provide clarity
and/or expand the language and responsibilities, or to maintain consistency with
Florida Statutes.
· Format: A multi-party interlocal agreement is being utilized rather than
individual interIocal agreements with each city. This change was due to the
absence of "city specific" issues that would necessitate individual agreements.
JUNE 22, 1998
CONSENT AGENDA ITEM A
Page 2
. Bond Financing: Due to concerns with regards to the "acceptability" of the
provisions of the interlocal agreement for potential bonding activities, Section 4
of the agreement now provides for any redevelopment project to be reviewed and
considered by the City or cities whose corporate boundaries contain the proposed
project prior to the project being considered and forwarded by the Redevelopment
Planning Agency (RP A) to the Community Redevelopment Agency (CRA). This
ensures that all redevelopment projects within the redevelopment area will have
been considered and approved by the appropriate full city local governing
authority prior to consideration by the RP A and CRA.
. Bylaws: The Bylaws for the CRA have been incorporated into the interlocal
agreement into Section 9, where applicable. The Bylaws for the RP A remain as
an exhibit to the Multi-party 1nterlocal Agreement.
. Distribution of Trust Funds at Termination of Redevelopment Plan: A provision
was inserted providing for the redistribution of unspent and unencumbered funds
at the time the Redevelopment Plan is completed, if such funds exist, based on the
same proportion as the tax increment contribution made during the term of
operation of the eRA.
. City staff raised a question about later withdrawal by a city from the Agreement.
A memo dated June 11, 1998 from John Howell, MaGuire, Voorhis & Wells,
P.A., to Kevin Fall, Principal Planner with the county, stated that "I conclude that
once a municipality has concurred in the Redevelopment Plan, it is to be included
in operation of the CRA for its duration." (memo attached)
. The estimated contribution of the City of Winter Springs to the Trust Fund is
$ 160.00 for FY 98/99 (based on the existing annual growth rate [.06%] in
taxable value in the Redevelopment Area.
. Final action by the Board of County Commissioners adopting the US. 17/92 CRA
Multi-party 1nterlocal Agreement is scheduled for their June 23, 1998 meeting.
RECOMMENDA TION:
City Manager recommends the City Commission authorize the Mayor to execute the
Interlocal Agreement between the county and the participating cities establishing the
US. Highway 17/92 Corridor Redevelopment Planning Agency including the Bylaws of
the proposed US. 17/92 Redevelopment Planning Agency.
JUNE 22, 1998
CONSENT AGENDA ITEM A
Page 3
ATTACHMENTS:
1. Multi-Party Interlocal Agreement Establishing the U.S. Highway 17/92 Corridor
Redevelopment Planning Agency.
2. Fax to Thomas Grimms from Kevin Fall, dated June 16, 1998, responding to
questions from City staff
T~N-09-'98 TUE 15:12 ID:
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Mt1l.iTI- PARTY INTERLOCAL AGRItEMENT
ESTABLISHING THE
U. S. HIGRWIi.Y 17-92 CORRIDOR REDEVELOPMENT PLANNINC? :X
THIS MtJLT:r-PARTY INTERLOCAL AGREEMENT
,1~ r:J;
~('red
1;1 to this
_ day of
1998, by a
~en
':I~Y'
OF CASSELBERRY, a municipal corporation createt...
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'oS ot
"'~-;t=> State of Flori.da, whose address is 95 Trip,
..ake Driv(~,
t~r:lf'lselberry, F10rida 32707, the CITY OF LAKE MARY, a municipal
")l}).}ration c:re!ated under' t.he laws of the State of Flc1rida, Hhose
;lre$5 js Post Office Box 950700, Lake Mary, Florida 3279~-07UO,
the CITY OF SJ~J'ORO, a municipal corporation created under the
.1",W~: ('f the Stat.e of Florida, whpse address is Post Office Box
.! "fill, Sar:ford, Florida 3277:1-1.788, t.he CITY OJ' WINTlU~. SPR.INGS, ,~
Jl::micipal corporation created under the laws of the State of
Fl_!,.l.rJ~
wiv)t>€~ address is 11.26 East State Road 434, Wj/lteJ.:
~I'! :n~-l.-':, FJoridi':l 17.708, hef8i.naftel' collect, '~'ly .ll:'ff'l
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the "CITIES," the UNITED STATES 8IGa'WAY 17-fl',; ....JAAIOOR COMMUNITY
&<,lOE'\,' ~
'MENT AGENCY, .....hose address i~ 1101 East First ~tle(;t,
.... ~ l f,
10'1 "wi cia 32771, h81"81 nafter referred to as the "eRA, II f.\"l\';
'DdINOLE COUN';ry ,
a pu:'itit;al ~ubdivision of the St..-1'-'~ of
.'h'~,<;;e rH:i,-jrAs~ i:'"\ SArrtino:e County Services Bujldll'0, 1101
.t Str.:eet, S~r;,i('rd, 'f.~l<.):t)dr."l 32771, hereindfter
It.trpu
,,:(), the '\COU;:\1TY."
WHEREAS,
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appropr ia te for communi ty redevelopment programs and proj eets
pursuant to Ch~lpter 163, Part I.rI, Florida Stdtutes; and
WHEREAS, on June 24, 1997, the Board of County Commis-
sioners adopted Resolution 97-8-130, which established the United
States Highway 17-92 Corridor Community Redevelopment Agency (the
"CRA"), pursuant to Section 163.357, Florida StatLltes; and
WHEREAS, the Board of County Commissioners, acting as the
eRA for the Redevelopment Area, caused to be prepared a Community
Redevelopment Plan for the United States Highway 17-92 Corridor
Communi ty Redevelopment Area (the "Redevelopment Plan"), and
iden t i fied in the Redevelopment fllan particular elements of a
Community Redevelopment Project to be financed from Tax Increment
Revenues; and
WHEREAS,
on DecerrJ.Jer 16,
1997,
the Board of County
Commissioners lenacted Ordinance No. 97-54, which adopted the
Redevelopment Plan for the Redevelopment Area; dnd
WHltRa:AS,
on December 16,
1997,
the Board of County
Comrr.issioners Emacted Ordinance No. 97-55, which ~uthorized the
.~~ Jishment of a Redevelopment Trust Fund (the "Trust Fund") as
Jed for in Section 163.387, Florida Statutes, in which tax
i. '- ~ment revenues deriving from the Redevelopment A.rea will be
depo::,;ited for the purposes of financing part.iculdl:' elemern:s of
t.he r.ommunity Redevelopment. Project; and
WHEREAS I On the following da tes the diverse ci ty cOnlrnissions
of the CITIES adopted the fol~owiJlY resolutions which, pursuant
to
SE>ction
163.356,
FlcriJcl
Statutes,
concurred
in
the
Red~veloprllent Plan adopted by tIle Board of County Commissioners,
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so that the portions of the Redevelopment Area and the programs
and projects of the Redevelopment Plan that fall within or which
will be inlplell'.ented wi thin the corporate limi ts of the CITIES
will function as intended by the COUNTY and the CITIES: (1) CITY
OF CASSELBERRY (December 15, 1997 in Resolution Number 97-1078),
(2) CITY OF L]~KE MARY (December 18, 1997 in Resolution Number
589), (3) CITY OF SANFORD (December 22, 1997 in Resolution Number
1775), and (4) CITY OF WINTER SPRINGS (November 24, 1997 in
Resolution Number Unassigned); and
WHEREAS, t.he COUNTY and the CITIES wish to enter into this
Interlocal Agreement in order to establish a partnership,
consistent with the provisions of Chapters 125, 163, a.nd 166
Florida Sta tutE~s, and other applicabJe law for the purposes of
carrying out the intent of the Redevelopment Plan, and to set
forth the manner in which the COUNTY and the CITIES will
cooperate to accomplish the goals of the Redevelopment Plan;
NOW, THEREFORE, the parties hereto agree as follows:
S~c~ion 1. Redevelopment Planning Agenoy.
(a) The Board of County Commissioners of the COONTY, acting
as the CRA, shall establish a United States Highway 17-92
Corridor Redevelopment Planning Agency (the "RPAU) consistent
with the terms of this Interlocal Agreement, the purpose Of the
R?A and the p.t:ovisions of this Interlocal Agreement being to
provide the CITIES with the full opportunity for participation in
decisions made by the eRA relative to the approval of programs
and projects as well as the use of the power of eminent domain
within any of the CITIES.
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private gain or loss of a relative or business associate of the
n~!,,,.\bel" .
1.0.2 Disclosure of nature of I.nterest. In the event a
member votes on a matter described i.n Section 10.1 above, the
member O\ust first disclose the nature of his or her interest in
the matter. Such disclosure, indicating the nature of the
interest, shall be made in a written memorandum filed with the
pen;on respbnsible fo:r recording the minutes of the meeting,
p:d nr to the meeting in which consideration of the matter will
take place, and shall be incorporated into the minutes. Such
memorandum shalll become a public record upon filing, shall
immediately be provided to the other members of the RPA, and
shall be read publicly at the meeting. In the event, however,
that disclosure has not been made prior to the meeting or that
any matter in which a member 1,8 interested is unknown prior to
the meeting, the disclosure shall be made orally at the meeting
when it becomes known tha.t a conflict exists. A written
memorandum dis::::losing the nature of the interest shall then be
filed within fifteen (IS) days after the oral disclQsure.
1.0.3 In the event of a conflict between this Article and the
provisions of Chapter 112, Florida Statutes, the provisions of
State law shall prevail.
ARTICLE XI
AMENDMENTS
11.1 Method of Amendment. These By-Laws may be changed,
amende~ modified or repealed, and any new By-Laws of the RPA may
be ...' i, only by resolution approved by the eRA.
Instl~wnent of Amendment. Any resolution amending,
.1, . .,..J, or repealing any provisions of, or adding any
provisions to, these By-Laws shall identify the particular
Articles and Sections affected and set forth the exact language
of SW."ll modification, amendment, or addition, 01." of the
~0,.~ repealed. A copy of each such resolution, certified
by', 'le individual who keeps the records of the RPA, shall be
pld~~d in the record books of the RPA.
day of
~____~, 1998.
ADOP""'ED this
)).'1' ;;,'.l.';
UNITED STATES HIGHWAY 17-92
CORRIDOR REDEVELOPMENT PLANNING
AGENCY
By: ..
, Cl'iurpel-son
,
Vice Chairperson
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(b) The RPA shall consist of five (5) members, one (1)
member being appointed by each of the CITIES, and one (l) member
being appointed by the COUNTY.
(cl Each of the CITIES and the COUNTY shall also be
entitled to appoint an alternate RPA member who will be have the
right to attend all RPA meetings and vote in place of that local
government's absent RPA member in the event of any absence from
any meeting of the RPA.
(d) (1) The term of appointment for each member of the RPA
shall be four (4) years, and each member shall serve such term
unless the member moves out of or ceases to conduct business
operations in the respective City or Seminole County, or
otherwise becomes unable to serve; provided, however, that the
i 'itial appointees shall serve staggered terms having the
.
fOllowing durat~ions :
CITY OF Cl'lSSELBERRY One (1 ) year;
CITY OF Lf~KE MARY Two (2 I years;
(:l.tY OF SJ~N FORD Three (3 ) years;
CITY OF WINTER SPRINGS Four ( 4 ) years; and
The COUNTY Four (4 I years.
(2) Subsequent to the completion of the initial terms,
all terms shall be four (4) years in duration.
(e) No person may ~ rve more than two (2) consecutive four
(4) year terms on the RPA.
(f) If any position on the RPA becomes vacant, a replacement
shall be appointed by the governing body of the respective local
government jurisdiction to complete the unexpired portion of the
member vacatinq his or her position on the RPA.
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(9) The mE~mbers of the RPA shall serve without compensation;
provided, however, that RPA members shall be entitled to be
reimbursed for travel and other expenses in accordance with the
provisions of State law and County Ordinance.
(h) The RPA shall conduct its business and m€etings
according to the By-Laws attached hereto as Exhibit "A."
(i) The :RPA shall be a body governed by the pre. lisions of
the Florida CClnstitution and the Florida statutes relating to
public officer:9 and shall operate and conduct its meetings in
accordance with the laws applicable to public bodies including,
but without limitation, all provisions of law pertaining to open
meetings (the "Sunshine Law"), public records, the ethical
conduct of public officers, and financial disclosures of public
officials.
Section 2. Qualifioations of RPA Members.
(a) Any person may be appointed as a member of the RPA if
he or she is a resident of or is engaged in business within the
jurisdictional limits of the COUNTY or of the particular City
making the appointment. For the purposes of this subsection
"engaged in businessH means owning a business, practicing a
profession, pe~forming a service for compensation, or serving as
an officer or director of a corporation or other business entity
so engaged.
(b) Persons who hold other public office or public
employment may serve on the RPA unless prohibited by State law.
Section 3. RPA Staffinq. The COUNTY shall initially provide
adequate staffing to support the activities of the RPA; provided,
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however, that the RPA may seek the retention of experts
professionals to assist it in its efforts and request
approval of the CRA for the retention of such persons.
Seot~on 4. Dutio8 of the RPA and Procedures Relating
and
the
Thereto.
(a) All proposals and projects relating to redevelopment in
the Redevelopment Area shall be initially filed with the RPA.
Projects and proposals may derive from and be submitted by the
staff of the COUNTY, the staff of any of the CITIES, an RPA
member, a eRA member, a developer of property located within the
Redevelopment Area, or an owner of real property located within
the Redevelopment Area. In order to be acted upon, a proposal or
project must be reasonably thorough and complete such that any
actions in eminent domain which would be reasonably required to
implement the proposal or project would be specified in the
materials supporting the proposal or project.
(b) Upon receipt of a submission for a proposal or project
to be performed partially or wholly within the corporate limits
of any of the Cities, the RPA shall thereupon forward the
proposal or project to the appropriate City wherein the proposal
or project will occur if approved.
(c) If a City does not approve the proposal or project, it
shall notify the RPA. Action relating to the approval or
rej ection of a proposal or proj ect shall be taken by a City
within sixty (60) days of the date that the proposal or project
was received by the Ci ty. Failure to act wi thin the prescribed
time period shall be deemed to be a denial of the program or
project.
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(d) If a City fails to approve a proposal or project, the
RPA shall forward a notice of such action to the eRA, and the eRA
shall not further proceed with the sobject proposal or project.
(e) If a City approves a proposal or proj ect the approval
shall also encompass any and all eminent domain actions or
proceedings that may be necessary to accomplish the proposal or
project.
(f) The RPA shall have the opportunity to review all
projects and proposals relating to redevelopment projects for any
property wi thin the Redevelopment Area to be funded from the
Trust Fund.
(g) With regard to specific area redevelopment proposals or
projects, the RPA shall consider, withoot limitation, all
pertinent redevl~lopment issues including, but not limited to, the
following:
(1) whether the proposal or project is consistent with
the Redevelopment Plan adopted by the Board of County
Commissioners and concurred in by the CITIES, as it may be
.ified from time to time;
(2) whether the proposal or project will afford
max~mum opportunity for participation by private enterprise;
(3) whether the proposal or project will contribute to
the effort of eliminating blight in the Redevelopment Area;
(4) whether the proposal or proj ect will advance the
economic development or tourism development of the Redevelopment
Area; and
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increasing the
Area.
whether the proposal or project will result in
valuation of property wi thin the Redevelopment
(h) The RPA shall consider the reasonable connection
between the contribution of the COUNTY and each of the CITIES to
the Trust Fund and the expenditures from the Trust Fund for
redevelopment improvements to properties located in the COUNTY
and each of the CITIES, with the goal of achieving a reasonably
equi table distribution of Trust Fund monies wi thin the
jurisdictional limits of each and all of the parties to this
Interlocal Agreement over the term of the implementation of the
Redevelopment Plan.
(i) With regard to each specific area redevelopment
proposal or proj ect, the RPA shall forward to the eRA, wi thin
thirty (30) days of receipt of a City's action relative to the
proposal or project if such action by a City is required hereby,
a determination regarding such proposal or project which
discusses the criteria set forth in this Section.
(j) The members of the RPA shall take action to approve or
disapprove each proposal or project by a majority vote of all of
the members of the RPA.
(k) The COUN'!'Y may designate any agency, commi t tee,
department or person to prepare proposals or projects, but final
recommendation to the CRA of the adoption of such proposal or
proj ect shall be the responsibili ty of the RPA consistent wi th
the rights of the CITIES' as set forth herein.
(1) To the extent permi t tad by law, RPA members shall be
permitted to vote on any and all matters coming before the RPA,
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but shall have any and all duties and responsibilities relative
to the disclosure of any conflicts of interest pertaining to such
votes which may arise under State law.
(m) It is the intent of the parties that, unless
specifically prohibited by Florida law, that the terms and
provisions of the Redevelopment Plan will not supercede any
provisions of any of the CITIES' comprehensive plans, land
development regulations, zoning codes, or land development codes,
and that each of the CITIeS shall retain sole and exel usi ve
authority over comprehensive planning, zoning and land
development decisions made within the respective jurisdictional
boundaries of each City.
Section 5. eRA Duties and Obliqations to the RPA.
(a) The CRA shall not take any action on any redevelopment
proposal or proj ect inconsistent with the provisions of this
Interlocal Agreement.
(b) The CRA shall ensure that the RPA has been provided with
the information and resources necessary to provide the RPA with a
reasonable opportunity to consider all specific proposals and
proj ects for capi tal improvements wi thin the Redevelopment Area
and funded by Trust Fund revenues and to make a determination
relating to same in accordance with the provisions of this
Interlocal Agreement.
(c) In the event that the RPA does not approve a proposal or
proj ect, the CRA may not expend funds from the Trust Fund for
such proposal or project.
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Section 6. CRA'e Eminent Do~ain Powers.
(al In the exercise of its authority under Section 163.375,
Florida Statutes, real property located within any of the CITIES
shall not be acquired by the COUNTY or the eRA by means of the
exercise of the power of eminent domain without first obtaining
the approvals required in this Interlocal Agreement relative to
the planned action.
(b) In the event that any of the CITIES act adversely with
regard to the COUNTY or the CRA requesting authority to file an
eminent domain action to further the efforts of the eRA within
the particular City's jurisdictional limits, neither the COUNTY
nor the eRA may proceed with such eminent domain action.
(c) Notwithstanding the provisions of Subsections (a) and
(b) of this Section, upon proposal or project being approved by a
City in whose jurisdictional limits a project or proposal is
located and the RPA, all eminent domain actions reasonably
necessary to accomplish the proposal or project shall also be
deemed approved.
Section 7. Distribution of 1'rust Fund at Termination o~
Redevelopment Plan. At the time that the Redevelopment Plan is
completed and the eRA is terminated in accordance with the
provisions of State law, if any unspent and unencumbered funds
remain in the Trust Fund, all of such funds shall be distributed
to the COUNTY and the CITIES in the same proportion as the tax
increment contribution made during the term of operation of the
eRA.
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SeQt~on 9. Minim~ eRA Organizational Requt~ement8.
(a) The CRA shall hold an annual meeting on the second
Tuesday in December of each year at the hour of 7:00 p.m. unless
otherwise determined by a majority vote of the CRA.
(b) The CRA may have special meetings at the call of the
Chairperson of the CRA or upon the written request of a majority
of the eRA members.
(e) Notices for all meetings of the CRA shall be in writing
and all members of the RPA shall be provided written notice of
eRA meetings at the same time and in the same manner as the
members of the eRA are provided such notice.
(d) A quorum of the CRA shall constitute three (3) members.
(e) All actions of the CRA shall be accomplished by a
maj ori ty vote of the CRA with a quorum being present for such
vote.
(f) No member of the CRA shall receive compensation for any
services provided to the CRA; provided, however, that CRA members
shall be entitled to be reimbursed for travel and other expenses
in accordance with the provisions of State law and County
Ordinance.
(g) The staff of the CRA shall be provided by the COUNTY at
no expense to the CRA.
(h) The Board of County Commissioners shall designate the
Chairperson and Vice-Chairperson of the eRA and the Chairperson
and Vice-Chairperson shall have all authority and powers relative
to the activities of the CRA which the Chairperson and Vice-
Chairperson of the Board of County Conunissioners have l:elative to
the activities of the COUNTY.
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(i) To the extent permitted by law, eRA members shall be
permitted to vote on any and all matters coming before the eRA,
but shall have any and all duties and responsibilities relative
to the disclosure of any conflicts of interest pertaining to such
votes which may arise under State law.
(j) The fiscal year of the CRA and the accounting principles
used in the accounting practices and procedures of the eRA shall
be the same as used by the COUNTY.
(k) The eRA shall adopt an annual budget which shall, at a
min.imum, reflect the proposals and projects set forth in the
Redevelopment Plan which have been approved pursuant to the
provisions of this Interloca! Agreement, the repayment of any CRA
indebtedness, and overhead and administrative costs.
(l) All books and records of the eRA shall be open for
public review and inspection in accordance with the provisions of
State law.
Section 9 .
Disputlia Resolution Procedures.
In the event
that any dispute arises relative to the matters set forth in this
Interlocal Agreement, any party may invoke the dispute resolution
procedures set forth in the interlocal agreement entitled
\'Interloca!
Agreement
on
Mediation
and
Intergovernmental
Coordination" which is dated July 24, 1995.
Section 10. Term.
This lnterlocal Agreement shall be in
effect so long as the eRA continues to function under the
provisions of Florida law.
Section 11. Severability.
If any provision of this
Interlocal Agreement shall be held invalid or unenforceable to
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any extent, the same shall not affect in any respect whatsoever
the validity or enforceability of the remainder of this
Agreement.
Sect:.i.on 12.
Entire A~~eGment:./Amendment:.8.
This Interlocal
Agreement
represents the entire agreement of the parties
notwithstanding any prior oral or written understandings by and
between the parties or any of their officers, agents or employees
and may be amended only by a written instrument of equal dignity
herewith.
IN WITNESS WHEREOF,
the parties
have
executed this
Interlocal Agreement in six (6) counterparts on the dates set
forth below.
ATTEST:
CITY OF CASSELBERRY, FLORIDA
By:
BRUCE PROVONOST, Mayor
THELMA MCPHERSON, Clerk
Date:
ATTEST:
CITY OF LAKE MARY, FLORIDA
CAROL A. FOSTER, Clerk
By:
DAVID MEALOR, Mayor
Date:
ATTEST:
CITY OF SANFORD, FLORIDA
JAN DOUGHERTY, Clerk
By:
LARRY DALE, Mayor
Date:
JUN-09-'98 TUE 15:20 ID:
ATTEST:
A.TTEST:
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
LG/gn
614/96
1'?92CAA.DOC
DATE:
Date:
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1=1125 P15
UNITED STATES HIGHWAY 17-92
COMMUNITY REDBWLOPMENT
AGENCY
By:
BOARD OF COUNTY COHKISSIONERS
SEMINOLE COUNTY I nORIDA
By:
RANDALL C. MORRIS, Chairman
As authorized for execution by
the Board of County Commis- ,
sioners at their regular
Meeting of , 1998.
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BY-LAWS
OF THE
UNITED STATES HIGHWAY 17-92 CORRIDOR
REDEVELOPM~NT P~ANNING AGENCY
The United States Highway 17-92 Corridor Redevelopment
Planning Agency (the II RPAII ) is a planning agency established by
the United States Highway 17-92 Corridor Community Redevelopment
Agency (the "CRA'I) created by the Board of County Commissioners of
Seminole County, Florida. The following are hereby adopted by
the eRA as the By-Laws of the RPA, to-wit:
ARTICLE !
DEFINITIONS
As used herein, the term "RPA" shall mean the United States
Highway 17- 92 Corridor Redevelopment Planning Agency, and the
term "members" shall mean those persons serving as members of the
RPA. Other words and terms shall have the meaning normal
ascribed to them, unless otherwise stated herein.
ARTICLE II
NAME AND PRINCIPAL OFFICE
The
corridor
the RPA
Building,
Meetings of
other places
from time to
name of the RPA is the United States Highway 17-92
Redevelopment Planning Agency. The principal office of
shall be located at the Seminole County Services
1101 East First Street, Sanford, Florida 32771.
the RPA may be held, upon proper notice, at such
within Seminole County, Florida, or elsewhere as may
time be designated by the RPA.
ARTICLE III
OBJECTS AND PURPOSES
The RPA has been created and established for the purposes
of, and shall have jurisdiction over and responsibility for, the
review and recommendation of proposals and projects which are
intended to implement the Redevelopment Plan approved by the
Board of County Commissioners of seminole County on December 16,
1997, as Ordinance No. 97-
ARTICLE IV
POWERS AND DUTIES
The powers and duties of the RPA shall be as set forth in
the Interlocal Agreement between the CRA, Seminole County and the
Cities that have concurred in the Redevelopment Plan (the
11 Interlocal Agreement"), the terms of which are specifically
incorporated into these By-Laws by reference hereto as if they
5/:::1/98
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were fully set forth herein verbatim and at length, as the same
may be amended from time to time.
ARTICLE V
QUALIFICATIONS OF MEMBERS
AND VOT1NG RIGHTS
The manner of establishment and governance of the RPA, the
qualifications to become a member of the RPA, the manner of
appointment to the RPA, the voting rights of the members in the
RPA, and the manner of termination of members in the RPA shall be
as set forth in the rnterlocal Agreement, as the same may be
amended from time to time.
ARTICLE VI
MEETINGS OF THE RPA
6.1 Quarterly Meetings. The quarterly meetings of the RPA
shall be held on the second Thursday of each quarter, at the hour
of 7:00 p.m. The first quarterly meeting of the RPA shall be
held on such date and hours in December of 1998.
6.2 Special Meetings. Special meetings of the RPA may be
called at any time for any purpose permitted pursuant to the
terms and provisions of the Interlocal Agreement, when directed
by the RPA Chairperson, Or upon the written request of a RPA
member.
6.3 Notice of Meetings. Notice of any meetings, whether
regular or special, shall be given to the RPA members in writing
by Or at the direction of the staff of the RPA or such other
person as is authorized to call the meeting.
6.4 Quorum. The presence at the meeting of a majori ty of
the members of the RPA Shall constitute a quorum for any action
of the RPA governed by these By-Laws.
6.5 Majority Vote. Unless otherwise provided in these By-
Laws, matters approved by a majority vote of the members
appointed to the RPA shall constitute official action by the
RPA.
6.6 Compensation. No membe:t- shall receive compensation for
any service that such rnember may render to or on behalf of the
RPA. However, any member may be reimbursed for the actual amount
of ,expenses reasonably incurred by such member in performance of
his or her duties as a member of the RPA.
5/22/98
2
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ARTICLE VII
PARLIAMENTARY RULES
All meetings of the RPA shall be governed by the lat:est
edition of R0gerts' ~ules of Order, as may be modified by vote of
the members of the RPA.
ARTICLE VIII
STAFFING
The day-to-day business and affai.rs of the RPA shall be
administered by individuals within the administrative st.aff of
Seminole County Government, as the Board of County Commissioners
of Seminole County may from time to ~ime designate.
ARTICLE IX
CHAIRPERSON AND VICE CHAIRPERSON
9.1 Election. There shall be a Chairperson and Vice-
Chairperson of the RPA. The Chairperson and Vice Chairperson
shall be elected by the members of the RPA from among themselves
by majority vot.e at a meeting of the RPA held in the first
quarter of each year.
9.2 Term. The Chairperson and Vice-.Chairperson shall hold
office for terms of one (1) year or until their successors are
elected.
9 Chairperson. The Chairperson of the RPA shall preside
at. elll !..<.:etings of the ,RPA, shall see that orders and resolutions
of t): RPA are carried out, and shall sign all written
in~d.n~':1i . i...S requLred to be executed by or on behalf of the RPA.
ARTICLE X
TRANSACTIONS IN WHICH MEMBERS
ARE INTERESTED
~O.l Votes by Interested Members Not Valid. As expressed in
the legislative intent for commissioners of the Community
Redevelopment Agency, as set forth in Section 112.3134 (3) (b),
Florida Statutes (1997), as it may be amended from time to time,
no member of the RPA is prohibited from voting on any matter
before the RPA, even though such mater may inure to the special
private gain or loss of the member, or that he or she knows would
inure to the special private gain or loss of any principal by
whom he or she is retained or to the parent organization or
subsidiary of a corporate principal by which he or she is
retained, or which he or she knows would inure to the special
5/22/ge
3
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"
Seminole County Planning &
Development
Cmnrre,hen~j\'e, Planning OivislOl1 1101 E, Firsl Strut Sanford F'L 32771 TdephN\C (407) 321-1130 ExlcnSiL1fi 7)7 J Fa>. :124-4&18
FAX COVER SHEET
DATE: June 16. 1998
TO: Tom Grimms
FROM: Kevin Pall
City of Winter Springs
TITLE: Princit1al Planner
FAX #: 327-6912
PHONE#: (407) 321-1130 x 7352
FAX#:
(407) 124-4818
Total number of pages including cover: 3
Plt~ase call us IMMEDIA TEL Y if the transaction is not received in its entirety or if any
p.art or all of it is not readable.
Spedal Comments or Instruction: Attached are: 1) letter from Anorne.y John Howell
regarding opt-Q!,!t potential for Cities haviug, concurred in a J3,~de\'elop-ment Plan and 2) copy of
Rage 46 if the US 17-92 Redevelopment Plan which details the estimated contribution of the ,City
~)f Winter Springs to rhe Tmst Fund g~~$JJiO for FY 98/99 (based on the existingJtnnual growth
rate(.06%) in t~xable value in the Redevelopment Area). Pl~~,~e call if I can be of further
assistance, Of if there is a problem scheduliqg..!he lnterlocal agreement on the City's 6/22 agendq.:.
Thanh.
CJf-l~-?0
I
1'1: : ~ AF
P: 1
JUt 1-15- , 98 TUE 09: 24 I D:
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1::1141 P-02
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--
, ,
MAGUIRE, VOORHIS & WELLS. P.A.
Attorneys At Law
* * .
MEMORANDUM
,TO: Kevin Fall
. FROM: John Howell
'. DATE: June 11, 1998
. SUBJECT: F.S. 163.356/City concurrence in Redevelopment Plan
Kevin, you have asked me to research the issue of whether a City, once it has
concurred in the Redevelopment Plan, can "opt out" of the Redevelopment Plan. This
memorandum will address that issue.
The pertinent provision of Florida Statutes section 163.356(1) is:
The community redevelopment agency of a county has the power to function
within the corporate limits of a municipality only as, if, and when the governing
body of the municipality has by resolution concurred in the community
redevelopment plan proposed by the governing body of the county.
Thus, every municipality whose corporate limits include property within the
Redevelopment Area has the choice of whether the Redevelopment Plan shall operate
within the municipality. If a municipality concurs by resolution in the Redevelopment
Plan, it is included as a taxing authority in the tax roll calculation of tax increment
fin~l1cing contributions to the eRA Trust Fund, and property within the municipality is
lju, tlifl~~d for improvements under the Redevelopment Plan.
I can find nothing in the statutes authorizing a municipality to withdraw its
concurrence in the Redevelopment Plan. If the legislature meant for a municipality to
be able to withdraw its participation in a Redevelopment Plan, it could have created
specific provisions for such authority. In the absence of such provisions, I conclude that
once a municipality has concurred in the Redevelopment Plan, it is to be included in
operation of the eRA for its duratiDn.
F, IREALI 154ISCCRA\Oot_ OlJl.M01
11 I
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
June 25, 1998
Mr. Kevin Fall
Principal Planner
Seminole County
1101 East First Street
Sanford, Florida 32771
Dear Mr. Fall:
On behalf of the City of Winter Springs, we thank you for attending the June 22, 1998
City Commission Meeting, and addressing our Commission, regarding the U.S. Highway
17/92 Corridor Redevelopment Planning Agency Agenda item.
Please find attached a copy of that Agenda item, complete with Mayor Partyka's
signature on page 13 of the Interlocal Agreement.
If! may be of any assistance, please feel free to contact me.
Sincerely,
CITY OF WINTER SPRINGS
,\ ., t') \ (~
( fl '\ (' ':N ~ "-----' ':=::--
~u~ v I
i
Andrea Lorenzo-Lua~es
Deputy City Clerk
DOCS/eorrespo/ei tye ler/0039 .doe
Attachment