1 | The Finance & Tax Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the Downtown Development Authority of |
7 | the City of Fort Lauderdale, Broward County; codifying, |
8 | amending, reenacting, and repealing chapters 65-1541, 67- |
9 | 1385, 69-1056, 75-371, 80-501, 85-393, 87-507, 89-431, 92- |
10 | 247, 93-392, and 95-531, Laws of Florida; providing |
11 | severability; providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Pursuant to section 189.429, Florida Statutes, |
16 | this act constitutes the codification of all special acts |
17 | relating to the Downtown Development Authority of the City of |
18 | Fort Lauderdale. It is the intent of the Legislature in enacting |
19 | this law to provide a single, comprehensive special act charter |
20 | for the authority, including all current legislative authority |
21 | granted to the authority by its several legislative enactments |
22 | and any additional authority granted by this act. It is further |
23 | the intent of this act to preserve all authority of the |
24 | authority. |
25 | Section 2. Chapters 65-1541, 67-1385, 69-1056, 75-371, 80- |
26 | 501, 85-393, 87-507, 89-431, 92-247, 93-392, and 95-531, Laws of |
27 | Florida, are codified, reenacted, amended, and repealed as |
28 | herein provided. |
29 | Section 3. The charter for the Downtown Development |
30 | Authority of the City of Fort Lauderdale is reenacted and re- |
31 | created to read: |
32 | Section 1. Definitions.--As used in this act, the |
33 | following terms shall have the meaning ascribed to them in this |
34 | section unless the context shall clearly requires otherwise: |
35 | (1) "Authority" means the Downtown Development Authority |
36 | of the City of Fort Lauderdale. |
37 | (2) "Board" means the governing body of the authority |
38 | selected as herein provided. |
39 | (3) "Director" means the chief executive officer of the |
40 | authority selected by the board as herein provided. |
41 | (4) "City" means the City of Fort Lauderdale. |
42 | (5)(a) "Downtown" means the lands described in section 2 |
43 | not being used as a residence. |
44 | (b) "Not being used as a residence" means all residential |
45 | lands not being used as a residence or that portion of |
46 | nonresidential lands not being used as a residence. The |
47 | determination of when land is being used as a residence shall be |
48 | made and certified by the Executive Director of the Downtown |
49 | Development Authority at the time the books close for a Downtown |
50 | Development Authority election or, if the Downtown Development |
51 | Authority does not hold an election in a particular year, as of |
52 | January 1 of that year. |
53 | (c) "Residence" means a building in which one or more |
54 | natural persons live. |
55 | (d) "Residential" means lands zoned by the City of Fort |
56 | Lauderdale as R-1-A, R-1, R-1-P, R-2-A, R-2, R-3-A/RM-25, R-3-9, |
57 | RM-15, R-3/RM-30, R-3-C, R-4/RM-60, or R-4-C. |
58 | (6) "Planning board" means the city planning and zoning |
59 | board. |
60 | (7) "Bonds" means any bonds, including refunding bonds, |
61 | notes, interim certificates, certificates of indebtedness, |
62 | debentures, and other obligations. |
63 | (8) "Public facility" means any street, park, parking lot, |
64 | playground, right-of-way, structure, waterway, bridge, lake, |
65 | pond, canal, utility lines or pipes, and building, including |
66 | access routes to any of the foregoing, designed and dedicated to |
67 | use by the public generally, or used by any public agency with |
68 | or without charge, whether or not the same is revenue producing. |
69 | (9) "Assessable improvements" includes, without |
70 | limitation, any and all land redevelopment and revitalization |
71 | works and facilities, sewer systems, storm sewers and drains, |
72 | water systems, streets, roads, or other products of the |
73 | authority, or that portion or portions thereof, local in nature |
74 | and of special benefit to the premises or lands served thereby, |
75 | and any and all modifications, improvements, and enlargements |
76 | thereof. |
77 | (10) "Cost," when used with reference to any project, |
78 | includes, but is not limited to, the expense of determining the |
79 | feasibility or practicability of acquisition, construction, or |
80 | reconstruction; the cost of surveys, estimates, plans, designs, |
81 | and specifications; the cost of improvements and engineering, |
82 | fiscal, and legal expenses and charges; the cost of all labor, |
83 | materials, machinery, and equipment; the cost of all lands, |
84 | properties, rights, easements, and franchises acquired; federal, |
85 | state, and local taxes and assessments; financing charges; the |
86 | creation of initial reserve and debt service funds; working |
87 | capital; interest charges incurred or estimated to be incurred |
88 | on money borrowed prior to and during construction and |
89 | acquisition and for such period of time after completion of |
90 | construction or acquisition as the board may determine; the cost |
91 | of issuance of bonds pursuant to this act, including |
92 | advertisements and printing, the cost of any referendum held |
93 | pursuant to this act, and all other expenses of issuance of |
94 | bonds; discount, if any, on the sale or exchange of bonds; |
95 | administrative expenses; such other expenses as may be necessary |
96 | or incidental to the acquisition, construction, or |
97 | reconstruction of any project or to the financing thereof, or |
98 | the development of any lands within the authority; and |
99 | reimbursement of any public or private body, person, firm, or |
100 | corporation for any moneys advanced in connection with any of |
101 | the foregoing items of cost. Any obligation or expense incurred |
102 | prior to the issuance of bonds in connection with the |
103 | acquisition, construction, or reconstruction of any project or |
104 | improvements thereon, or in connection with any other |
105 | development of land that the board shall determine to be |
106 | necessary or desirable in carrying out the purposes of this act, |
107 | may be treated as a part of such cost. |
108 | (11) "Project" means any development, improvement, |
109 | property, utility, facility, works road, sidewalk, enterprise, |
110 | service, or convenience, including, without limitation, public |
111 | transportation facilities and services, now existing or |
112 | hereafter undertaken or established, that under the provisions |
113 | of this act the authority is authorized to construct, acquire, |
114 | undertake, or furnish for its own use or for the use of any |
115 | other person, firm, or corporation owning, leasing, or otherwise |
116 | using the same, for any profit or nonprofit purpose or activity, |
117 | and shall include, without limitation, such repairs, |
118 | replacements, additions, extensions, and betterments of and to |
119 | any project as may be deemed necessary or desirable by the board |
120 | to place or to maintain such project in proper condition for the |
121 | safe, efficient, and economic operation thereof. |
122 | (12) "Public body" means the state or any municipality, |
123 | board, commission, authority, district, department, or any other |
124 | subdivision or public body of the state. |
125 | (13) "Federal Government" means the United States of |
126 | America or any agency or instrumentality, corporation, or |
127 | otherwise of the United States of America. |
128 | (14) "Slum area" means an area in which there is a |
129 | predominance of buildings or improvements, whether residential |
130 | or nonresidential, which by reason of dilapidation, |
131 | deterioration, age, or obsolescence, inadequate provision for |
132 | ventilation, light, air, sanitation, or open spaces, high |
133 | density of population and overcrowding, or the existence of |
134 | conditions which endanger life or property by fire and other |
135 | causes or any combination of such factors is conducive to ill |
136 | health, transmission of disease, infant mortality, juvenile |
137 | delinquency, or crime, and is detrimental to the public health, |
138 | safety, morals, or welfare. |
139 | (15) "Blighted area" means an area which by reason of the |
140 | presence of a substantial number of slum, deteriorated, or |
141 | deteriorating structures, predominance of defective or |
142 | inadequate street layout, faulty lot layout in relation to size, |
143 | adequacy, accessibility, or usefulness, unsanitary or unsafe |
144 | conditions, deterioration of site or other improvements, |
145 | diversity of ownership, tax or special assessment delinquency |
146 | exceeding the fair value of the land, defective or unusual |
147 | conditions of title, or the existence of conditions which |
148 | endanger life or property by fire and other causes, or any |
149 | combination of such factors, substantially impairs or arrests |
150 | the sound growth of a community, retards the provision of |
151 | housing accommodations, or constitutes an economic or social |
152 | liability and is a menace to the public health, safety, morals, |
153 | or welfare in its present condition and use. |
154 | (16) "Renewal project" means undertakings and activities |
155 | of the authority in a renewal area for the elimination and |
156 | prevention of the development or spread of slums and blight, and |
157 | may involve slum clearance and redevelopment in a renewal area, |
158 | or rehabilitation or conservation in a renewal area, or any |
159 | combination or part thereof in accordance with a renewal plan. |
160 | Such undertakings and activities may include: |
161 | (a) Acquisition of a slum area or a blighted area or |
162 | portion thereof. |
163 | (b) Demolition and removal of buildings and improvements. |
164 | (c) Installation, construction, or reconstruction of |
165 | streets, utilities, parks, playgrounds, and other improvements |
166 | necessary for carrying out in the renewal area the renewal |
167 | objectives of this act in accordance with the renewal plan. |
168 | (d) Disposition of any property acquired in the renewal |
169 | area, including sale, initial leasing, or retention by the |
170 | authority itself, at its fair value for uses in accordance with |
171 | the renewal plan. |
172 | (e) Carrying out plans for a program of voluntary or |
173 | compulsory repair and rehabilitation of buildings or other |
174 | improvements in accordance with the renewal plan. |
175 | (f) Acquisition of any other real property in the renewal |
176 | area where necessary to eliminate unhealthful, unsanitary, or |
177 | unsafe conditions, lessen density, eliminate obsolete or other |
178 | uses detrimental to the public welfare, or otherwise to remove |
179 | or prevent the spread of blight or deterioration, or to provide |
180 | land for needed public facilities. |
181 | (17) "Renewal area" means a slum area or a blighted area |
182 | or a combination thereof which the authority designates as |
183 | appropriate for a renewal project. |
184 | (18) "Renewal plan" means a plan, as it exists from time |
185 | to time, for a renewal project, which plan: |
186 | (a) Shall conform to the general plan for the municipality |
187 | as a whole. |
188 | (b) Shall be sufficiently complete to indicate such land |
189 | acquisition, demolition, and removal of structures, |
190 | redevelopment, improvements, and rehabilitation as may be |
191 | proposed to be carried out in the renewal area; zoning and |
192 | planning changes, if any; land uses; maximum densities; building |
193 | requirements; and the plan's relationship to definite local |
194 | objectives respecting appropriate land uses, improved traffic, |
195 | public transportation, public utilities, recreational and |
196 | community facilities, and other public improvements. |
197 | (19) "Real property" shall include lands, including |
198 | improvements and fixtures thereon, and property of any nature |
199 | appurtenant thereto, or used in connection therewith, and every |
200 | estate, interest, right, and use, legal or equitable, therein |
201 | including terms for years and liens by way of judgment, |
202 | mortgage, or otherwise. |
203 | (20) "Obligee" shall include any bondholder, agents, or |
204 | trustees for any bondholders, or lessor demising to the |
205 | authority property used in connection with a renewal project, or |
206 | any assignee or assignees of such lessor's interest or any part |
207 | thereof, and the Federal Government when it is a party to any |
208 | contract with the municipality. |
209 | (21) "Person" means any individual, firm, partnership, |
210 | corporation, company, association, joint stock association, or |
211 | body politic, and shall include any trustee, receiver, assignee, |
212 | or other person acting in a similar representative capacity. |
213 | (22) "Area of operation" means the downtown. |
214 | (23) "Public officer" means any officer who is in charge |
215 | of any department or branch of government relating to health, |
216 | fire, or building regulations, or to other activities concerning |
217 | dwellings in the area. |
218 | Section 2. The boundaries of the authority shall include |
219 | the following lands in the City of Fort Lauderdale, Broward |
220 | County: |
221 | 1. All lands not being used as a residence lying |
222 | north of New River, east of Southwest and Northwest |
223 | Fourth Avenue, south of Northwest and Northeast Second |
224 | Street and west of Northeast and Southeast Sixth |
225 | Avenue; |
226 | 2. All lands not being used as a residence lying |
227 | north of Northwest Second Street, east of the Florida |
228 | East Coast Railroad, south of Northwest Fourth Street, |
229 | and west of North Andrews Avenue; |
230 | 3. All lands not being used as a residence lying |
231 | within one hundred fifty feet of and being in common |
232 | ownership with any of said boundary streets and |
233 | avenues (excluding, however, all lands lying east of |
234 | Southeast Sixth Avenue); |
235 | 4. All lands not being used as a residence lying |
236 | south of Northeast Fourth Street and within one |
237 | hundred fifty feet of and being in common ownership |
238 | with Northeast Third Avenue and Northeast Sixth |
239 | Avenue. For the purposes of definition, the words, |
240 | "common ownership" contained herein shall be |
241 | (contiguous to and owned by the same entity; and |
242 | 5. All lands not being used as a residence lying |
243 | north of Northeast Second Street, east of Northeast |
244 | Second Avenue, south of Northeast Sixth Street, and |
245 | west of Federal Highway, together with all lands not |
246 | being used as a residence lying north of Southeast |
247 | Seventh Street, east of the F.E.C. Railroad Tracks, |
248 | south of Southeast Sixth Court, and west of Federal |
249 | Highway, as legally described as follows: |
250 | PARCEL I |
251 | All of Blocks 1, 2, 4, 29 and 30, and portions of |
252 | Blocks 33 and 34, NORTH LAUDERDALE AMENDED, according |
253 | to the plat thereof recorded in Plat Book 1, Page 182, |
254 | of the public records of Dade County, Florida; |
255 | TOGETHER WITH all of the Blocks 2, 31, and 32, NORTH |
256 | LAUDERDALE AMENDED RE-SUB, according to the plat |
257 | thereof recorded in Plat Book 5, Page 25, of the |
258 | public records of Broward County, Florida; ALSO |
259 | TOGETHER WITH portions of Blocks A and B, GEORGE M. |
260 | PHIPPENS SUB., according to the plat thereof recorded |
261 | in Plat Book B, Page 146, of the public records of |
262 | Dade County, Florida; ALSO TOGETHER WITH portions of |
263 | Blocks A and B, FORT LAUDERDALE LAND AND DEVELOPMENT |
264 | CO., SUB., according to the plat thereof recorded in |
265 | Plat Book 1, Page 56, of the public records of Dade |
266 | County, Florida; AND ALSO TOGETHER WITH portions of |
267 | Northeast 3rd Street, Northeast 4th Street, Northeast |
268 | 5th Street, Northeast 5th Avenue, and Northeast 5th |
269 | Terrace, lying adjacent to said Blocks, and being all |
270 | more fully described as follows: |
271 | Beginning at the Northwest corner of Lot 26, of said |
272 | Block 4, thence due South, on the West lines of said |
273 | Blocks 4 and 29, and extensions thereof, a distance of |
274 | 1300.00 feet; thence due East, on the North right-of- |
275 | way line of said Northeast 4th Street, a distance 83.99 |
276 | feet; thence due South, a distance of 50.00 feet; |
277 | thence due East, on the South right-of way line of |
278 | said Northeast 4th Street, a distance of 392 feet; |
279 | thence South 00(01'00" West, on the West lines of Lots |
280 | 20 and 19, Block A, and the West line of Lot 20, Block |
281 | B, of said GEORGE M. PHIPPENS SUB., and extensions |
282 | thereof, a distance of 495.00 feet; thence South |
283 | 89(57'46" East, on the South lines of Lots 20, 18, 16, |
284 | 14, 12, 10, 8, 6, 4, and 2, Block B, of said GEORGE M. |
285 | PHIPPENS SUB., and the Easterly extension thereof, a |
286 | distance of 720.17 feet; thence North 00(01'54" West, |
287 | on the Southerly extension of the East line of Lot 20, |
288 | Block A, of said FORT LAUDERDALE LAND AND DEVELOPMENT |
289 | CO., SUB. and the Northerly extension thereof, a |
290 | distance of 205.47 feet, thence due West, on the North |
291 | right-of-way line of said Northeast 3rd Street, a |
292 | distance of 25.00 feet; thence North 00(01'00" East, |
293 | on the East lines of Lots 7 and 20, Block B, of said |
294 | FORT LAUDERDALE LAND AND DEVELOPMENT CO. SUB., and |
295 | extensions thereof, a distance of 289.15 feet; thence |
296 | due East, on the South right-of-way line of Northeast |
297 | 4th Street, a distance of 169.75 feet; thence North |
298 | 00(17'27" East, on the West right-of way line of U.S. |
299 | Highway No. 1; a distance of 1323.87 feet to the Point |
300 | of Beginning less the following described land: Lots |
301 | 20, 21, 22, 23, 24, 25 and 26, Block (B(, FORT |
302 | LAUDERDALE LAND AND DEVELOPMENT CO. Subdivision of |
303 | Lots 1 and 2, Block 1, Fort Lauderdale, according to |
304 | the plat thereof, recorded in Plat Book 1, Page 56, of |
305 | the public records of Dade County, Florida, and Lots 2 |
306 | and 4, Block (A(, GEORGE M. PHIPPEN(S SUBDIVISION of |
307 | Lots 3, 4, 5 and 6, Block 1, and Lots 3, 4, 5, 6, 7, |
308 | 8, 9 and 10, Block 14, TOWN OF FORT LAUDERDALE, |
309 | according to the plat thereof, recorded in Plat Book |
310 | B, Page 146, of the public records of Dade County, |
311 | Florida. |
312 | PARCEL II |
313 | Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, |
314 | 18, 19, 20 and 21, HARCOURT, according to the plat |
315 | thereof, as recorded in Plat Book 2, Page 9, of the |
316 | public records of Broward County, Florida; AND the |
317 | west one-half (W () of Federal Highway (US No. 1), |
318 | lying East of and adjacent to said Lots 4, 5, 6, 7, 9, |
319 | 9, 10, 11 and 12; AND the East one-half (E () of S.E. |
320 | 5th Terrace, lying West of and adjacent to said Lots |
321 | 14, 15, 16, 17, 18, 19, 20 and 21. |
322 | TOGETHER WITH: |
323 | Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12, HENRY |
324 | SHACKELFORD AMENDED PLAT SUBDIVISION OF LOTS 2 & 3, |
325 | BLOCK 57, TOWN OF FORT LAUDERDALE, according to the |
326 | plat thereof, as recorded in Plat Book 3, Page 3, of |
327 | the public records of Dade County, Florida; AND the |
328 | West one-half of S.E. 5th Terrace, lying East of |
329 | adjacent to and referenced Lots; AND the East one-half |
330 | of S.E. 5th Avenue, lying West of adjacent of above |
331 | referenced Lots. |
332 | TOGETHER WITH: |
333 | Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12, RE-AMENDED PLAT |
334 | OF HENRY SHACKELFORD(S SUBDIVISION OF LOTS 2 & 3, |
335 | BLOCK 57, TOWN OF FORT LAUDERDALE, according to the |
336 | plat thereof, as recorded in Plat Book 3, Page 3 of |
337 | the public records of Dade County, Florida; AND the |
338 | West one-half of S.E. 5th Avenue, lying East of |
339 | adjacent to and referenced Lots; AND the East one-half |
340 | of S.E. 4th Avenue, lying West of adjacent to the above |
341 | referenced Lots. |
342 | AND ALSO TOGETHER WITH: |
343 | Lots 2, 3, 4, 5, 6, 7, 8 and 9, MRS. DAISY |
344 | SHACKELFORD(S AMENDED NEW SUBDIVISION OF LOT 4, BLOCK |
345 | 57, TOWN OF FORT LAUDERDALE, according to the plat |
346 | thereof, as recorded in Plat Book 1, Page 165, of the |
347 | public records of Dade County, Florida, AND 10.00 |
348 | foot Alley adjacent to said Lot 6 and Lots 7, 8 & 9; |
349 | AND the West one-half of (W () of S.E. 4th Avenue, |
350 | lying East of and adjacent to above referenced Lots. |
351 | AND ALSO TOGETHER WITH: |
352 | Lots 5, 6, 7, 8, 9, 10, 11 and 12, SOUTH FLORIDA |
353 | DREDGING COMPANY DIVISION OF LOT 5, BLOCK 57, TOWN OF |
354 | FORT LAUDERDALE, according to the plat thereof, as |
355 | recorded in Plat Book 3, Page 27, of the public |
356 | records of Broward County, Florida; AND 10.00 foot |
357 | Alley adjacent to Lot 9 and Lots 10, 11 and 12; AND |
358 | 5.50 foot Alley lying East of and adjacent to above |
359 | referenced Lots; AND the East one-half (E() of S.E. 3rd |
360 | Avenue, lying West of and adjacent to said Lots. |
361 | AND ALSO TOGETHER WITH: |
362 | The South 80.00 feet of Lots 2, 4 and 6, Block 3, all |
363 | of Blocks 4, 5 and 6, SUBDIVISION OF BLOCK 56, TOWN OF |
364 | FORT LAUDERDALE, according to the plat thereof, as |
365 | recorded in Plat Book 1, Page 63, of the public |
366 | records of Dade County, Florida; AND the West one- |
367 | half (W() of S.E. 3rd Avenue, lying East of and |
368 | adjacent to above referenced South 80.00 feet of Lot 2 |
369 | and said Block 6; AND the East one-half (E () of S.E. |
370 | 1st Avenue, lying West of and adjacent to above |
371 | referenced Block 4; AND the North one-half (N() of |
372 | S.E. 6th Court, lying South of and adjacent to said |
373 | Lots 2, 4 and 6, Block 3; AND the South one-half of |
374 | S.E. 6th Court, lying North of and adjacent to said |
375 | Blocks 4, 5 and 6. |
376 | AND ALSO TOGETHER WITH: |
377 | Lots 17, 18, 19, 20 and 21, Block 55, TOWN OF FORT |
378 | LAUDERDALE, according to the plat thereof, as recorded |
379 | in Plat Book (B(, Page 40, of the public records of |
380 | Dade County, Florida, AND Parcel (A(; AND the East |
381 | one-half of Andrews Avenue, lying West of and adjacent |
382 | to said Parcel (A(; AND all that certain 14.00 foot |
383 | Alley within said Block 55, lying North and East of |
384 | said Parcel (A(; AND all that certain irregular Alley, |
385 | lying North of said Parcel (A( and South of said Lot |
386 | 17. |
387 | AND ALSO TOGETHER WITH; |
388 | Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, |
389 | 18, 19, 20 and 21, Block 54, TOWN OF FORT LAUDERDALE, |
390 | according to the plat thereof, as recorded in Plat |
391 | Book (B(, Page 40, of the public records of Dade |
392 | County, Florida; AND the West one-half (W() of |
393 | Andrews Avenue, lying East of and adjacent to said |
394 | Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21; AND the |
395 | East one-half of S.W. 1st Avenue lying West of and |
396 | adjacent to said Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12; |
397 | AND all that certain 14.00 foot Alley in said Block |
398 | 54, lying adjacent to above referenced Lots. |
399 | AND ALSO TOGETHER WITH: |
400 | Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, |
401 | 18, 19 and Lot 20, less the North 25.00 feet thereof, |
402 | Block 53, TOWN OF FORT LAUDERDALE, according to the |
403 | plat thereof, as recorded in Plat Book (B(, Page 40, |
404 | of the public records of Dade County, Florida; AND |
405 | the West one-half of (W() of S.W. 1st Avenue, lying |
406 | East of and adjacent to said Lots 13, 14, 15, 16, 17, |
407 | 18, 19 and Lot 20, less the North 25.00 feet thereof; |
408 | AND all of S.W. Flagler Avenue lying West of and |
409 | adjacent to said Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12; |
410 | AND the East one-half (E() of the Florida East Coast |
411 | Railroad Right-of-Way, lying West of said S.W. Flagler |
412 | Avenue and South of the Westerly extension of the |
413 | North line of said Lot 4 and North of the Westerly |
414 | extension of the Northerly right of way line of S.W. |
415 | 7th Street. |
416 | Said lands situate, lying and being in the City of |
417 | Fort Lauderdale, Broward County, Florida, and |
418 | containing 24.8679 Acres more or less. |
419 | 6.(a) All lands not being used a residence lying |
420 | south of New River, east of the Florida East Coast |
421 | Railroad, north of Southeast Sixth Street and |
422 | Southwest Sixth Street, and west of Southeast Sixth |
423 | Avenue. |
424 | (b) All lands not being used a residence lying |
425 | south of Southeast and Southwest Sixth Streets, east |
426 | of the Florida East Coast Railroad, and west of |
427 | Southeast Sixth Avenue, which are situated within one |
428 | hundred fifty feet (150') of and are in contiguous |
429 | proprietorship with Southeast or Southwest Sixth |
430 | Street, upon approval of the majority of those voting |
431 | in a referendum in which those participating are |
432 | limited to the electors of the downtown (including |
433 | also the lands added to the downtown by this act) who |
434 | at the time of the referendum are owners of freeholds |
435 | in the downtown (as hereby expanded), not wholly |
436 | exempt from taxation, and who are then duly registered |
437 | for a Downtown Development Authority referendum, |
438 | according to law. For the purposes of such |
439 | referendum, the electors who register only as owners |
440 | of freeholds which are situated within the lands |
441 | authorized to be added to the downtown by this act may |
442 | be separately registered and their votes cast in |
443 | separate ballot boxes or voting machines (as the case |
444 | may be) and separately tabulated, in case on or more |
445 | other questions are being voted upon at such |
446 | referendum, and such separate registrants shall thus |
447 | be permitted to vote upon such other question or |
448 | questions. If this law is approved at such |
449 | referendum, such separately registered electors shall |
450 | be incorporated into the permanent registration of |
451 | electors of the Downtown Development Authority and |
452 | their votes then counted on any other question or |
453 | questions voted upon at such referendum. |
454 | 7. All of lots 14, 15, 16, 17, 18, 19, 20, 21, 22, |
455 | 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, |
456 | 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48, and |
457 | portions of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, |
458 | 12, 13, 36 and 37, Block 19, BRYAN SUBDIVISION of |
459 | Blocks 5, 8 and 19, of the Town of Fort Lauderdale, as |
460 | recorded in Plat Book 1, Page 18, of the public |
461 | records of Dade County, Florida, together with |
462 | portions of those certain 10 foot alleys, lying within |
463 | said Block 19, |
464 | TOGETHER WITH all of Lots 2, 3, 4, 5, 6, 7, 8, 9, and |
465 | 10, AND A PORTION OF Lot 1, Block 18, TOWN OF FORT |
466 | LAUDERDALE, as recorded in Plat Book 8, Page 40, of |
467 | the public records of Dade County, Florida, together |
468 | with that portion of a 14-foot alley lying within said |
469 | Block 18, |
470 | ALSO TOGETHER WITH all of Lots 1 and 2, T.M. BRYAN |
471 | SUBDIVISION of Lots 11 and 12, Block 18, Town of Fort |
472 | Lauderdale, as recorded in Plat Book 3, Page 12, of |
473 | the public records of Dade County, Florida, |
474 | ALSO TOGETHER WITH all of Lots 6, 7, 8 and 9, and |
475 | portions of Lots 1, 2, 3, 4 and 5, Block 1, all of |
476 | Lots 6, 7, 8, 9, 10 and 11 and portions of Lots 1, 2, |
477 | 3, 4 and 5, Block 2 KELLY(S RESUBDIVISION, as recorded |
478 | in Plat Book 16, Page 50, of the public records of |
479 | Broward County, Florida, |
480 | ALSO TOGETHER WITH all of Lots 1, 2, 3, 4, 5, 6, 7, 8, |
481 | 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, |
482 | 23, 24, A, B and C, HULDA S. HOLMES SUBDIVISION of |
483 | Block 23, Fort Lauderdale, as recorded in Plat Book 7, |
484 | Page 26, of the public records of Broward County, |
485 | Florida, |
486 | ALSO TOGETHER WITH Lots 1, 2, 3, and 4, and a portion |
487 | of Lot 5, Block 24, TOWN OF FORT LAUDERDALE, as |
488 | recorded in Plat Book 8, Page 40, of the public |
489 | records of Dade County, Florida, |
490 | ALSO TOGETHER WITH all of Lots 1, 2, 3, and 4, F.H. |
491 | BENTON(S SUBDIVISION in Block 24, Town of Fort |
492 | Lauderdale, as recorded in Plat Book 3, Page 30, of |
493 | the public records of Broward County, Florida, |
494 | together with all that portion of a 10 foot driveway |
495 | and cul-de-sac of said F. H. BENTON(S SUBDIVISION, |
496 | ALSO TOGETHER WITH all of Lots 1 and 2, Canal 2 and |
497 | Canal 3 and portions of Lots 6, 7, 8, 9, 10, 11 and 13 |
498 | and Canal No. 1, L.H. BRYAN(S SUBDIVISION of Block 32, |
499 | of Fort Lauderdale, Florida, as recorded in Plat Book |
500 | 3, Page 78, of the public records of Dade County, |
501 | Florida, |
502 | AND ALSO TOGETHER WITH portions of S.W. Fifth Avenue, |
503 | S.W. Sixth Avenue, S.W. Second Street, S.W. Second |
504 | Court, Las Olas Boulevard, N.W. River Drive and North |
505 | River Street, lying within or adjacent to the above |
506 | said Blocks and being all more fully described as |
507 | follows: |
508 | Commencing at the Northwest corner of Lot 24 of said |
509 | Block 18, TOWN OF FORT LAUDERDALE, thence South 0( 07' |
510 | 30" East, along the East line of said alley within |
511 | Block 18, a distance of 15.00 feet to the Point of |
512 | Beginning; thence continuing South 0( 07' 24" East, |
513 | along the East line of said alley a distance of |
514 | 585.04 feet; thence South 89( 59' 02" East, a distance |
515 | of 40.97 feet, thence South 0( 07' 24" East, along the |
516 | Northerly extension of the East line of the said F.H. |
517 | BENTON(S SUBDIVISION, and along the said East line, a |
518 | distance of 316.49 feet to a point on the existing |
519 | bulkhead forming the Northerly limits of New River; |
520 | thence Westerly and Southerly along the said existing |
521 | bulkhead and extensions thereof, the following 11 |
522 | courses and distances: thence North 87( 04' 09" West, |
523 | a distance of 37.36 feet; thence South 86( 43' 52" |
524 | West, a distance of 13.74 feet, thence South 77( 14' |
525 | 35" West, a distance of 50.12 feet, thence South 73( |
526 | 43' 38" West, a distance of 43.15 feet; thence South |
527 | 54( 27' 01" West a distance of 67.25 feet; thence |
528 | South 45( 58" 48' East, a distance of 7.62 feet; |
529 | thence South 35( 35' 21" West, a distance of 175.30 |
530 | feet; thence South 7( 34' 31' West, a distance of |
531 | 51.26 feet; thence South 2( 01' 02" West, a distance |
532 | of 25.35 feet, thence South 7( 22' 59" West, a |
533 | distance of 205.31 feet, thence South 29( 18' 46" |
534 | West, a distance of 92.94 feet to the Point of |
535 | Termination of the said 11 courses and distances; |
536 | thence North 89( 59' 37" West, along the Easterly |
537 | extension of the South line of Canal No. 3 of L.H. |
538 | BRYAN(S SUBDIVISION and along the said South line and |
539 | extensions thereof, a distance of 211.49 feet to a |
540 | point on the Easterly right-of-way line of S.W. |
541 | Seventh Avenue and a point on a curve; thence |
542 | Northwesterly along the said Easterly right-of-way |
543 | line and along a curve to the right, whose tangent |
544 | bears North 54( 00' 36" West, with a radius of 630.35 |
545 | feet and a central angle of 18( 52' 41", an arc |
546 | distance of 207.69 feet to a point of compound curve; |
547 | thence Northwesterly along the said Easterly right-of- |
548 | way line and along a curve to the right, with a |
549 | radius of 513.96 feet and a central angle of 35( 00' |
550 | 00", an arc distance of 313.96 feet to a point of |
551 | tangency; thence North 0( 07' 55" West, along the said |
552 | Easterly right-of-way line and along the line 20.00 |
553 | feet East of and parallel with the West line of said |
554 | Block 1 and 2 of said KELLY(S SUBDIVISION and along |
555 | the line of 20.00 feet East of and parallel with the |
556 | West line of said Block 19, BRYAN SUBDIVISION of |
557 | Blocks 5, 8 and 19, a distance of 1008.08 feet to a |
558 | point of curve; thence Northeasterly along a curve to |
559 | the right, with a radius of 25.00 feet and a central |
560 | angle of 90( 07' 55", an arc distance of 39.33 feet to |
561 | a point of tangency; thence due East, along the South |
562 | right-of-way line of Broward Boulevard and along the |
563 | line 15.00 feet South of and parallel with the North |
564 | line of said Block 19, BRYAN SUBDIVISION of Blocks 5, |
565 | 8 and 19 and said Block 18, TOWN OF FORT LAUDERDALE, a |
566 | distance of 898 .88 feet to the Point of Beginning. |
567 | All of the above said land situate, lying and being in |
568 | the City of Fort Lauderdale, Broward County, Florida, |
569 | and containing 22.8328 acres more or less. |
570 |
|
571 | Section 3. (1) It is the policy of the state to make it |
572 | possible for the city to revitalize and preserve property values |
573 | and prevent deterioration in the downtown area by a system of |
574 | self-help to correct the blight of such deterioration which has |
575 | developed there. The authority hereby created is intended to |
576 | provide a vehicle whereby property owners who will benefit |
577 | directly from the results of such a program will bear the |
578 | substantial cost thereof and thereby local problems may be |
579 | solved on the local level through the use of machinery provided |
580 | by local government. |
581 | (2) The Legislature hereby finds and declares that the |
582 | downtown area is a blighted area and that portions therein are |
583 | slums. The area constitutes a serious and growing menace, |
584 | injurious to the public health and the safety, morals, and |
585 | welfare of the residents, occupants, workers, and property |
586 | owners of the area; the existence of such slum and blighted |
587 | conditions contributes substantially and increasingly to the |
588 | spread of disease and crime, constitutes an economic and social |
589 | liability imposing onerous municipal burdens which decrease the |
590 | tax base and reduce tax revenues, substantially impair or arrest |
591 | the sound growth of said area, retards the provision of housing |
592 | accommodations, aggravates traffic problems, and substantially |
593 | impairs or arrests the elimination of traffic hazards and the |
594 | improvement of traffic facilities; and the prevention and |
595 | elimination of such slums and blight is a matter of public |
596 | policy and concern in order that the said area shall not |
597 | continue to be endangered by being a focal center of disease and |
598 | juvenile delinquency and consume an excessive proportion of the |
599 | tax revenue of the city because of the extra services required |
600 | for police, fire, accident, hospitalization, and other forms of |
601 | public protection, services, and facilities. |
602 | (3) It is further found and declared that certain portions |
603 | of the slums and blighted areas require acquisition, clearance, |
604 | and disposition subject to use restrictions, as provided in this |
605 | act, since the prevailing condition of deterioration and |
606 | obsolescence makes impracticable the reclamation thereof by |
607 | conservation or rehabilitation; that other portions of the |
608 | downtown may, through the means provided in this act, be |
609 | susceptible of conservation or rehabilitation in such a manner |
610 | and the conditions and evils hereinbefore enumerated may be |
611 | eliminated, remedied, or prevented; and that salvable slum and |
612 | blighted areas can be conserved and rehabilitated through |
613 | appropriate public action as herein authorized, and the |
614 | cooperation and voluntary action of the owners and tenants of |
615 | the property in such area. |
616 | (4) Among the many causes of such slums and blight are the |
617 | following: automobile traffic flow strangled by outmoded street |
618 | patterns, proliferation of uncoordinated uses and parking areas, |
619 | unsuitable topography, faulty lot layouts, fragmentation of land |
620 | uses and parking areas necessitating frequent automobile |
621 | movement, lack of separation of pedestrian areas from auto |
622 | traffic, low level access bridge, frequent bridge openings, air |
623 | pollution, and excessive noise levels from strangled auto |
624 | traffic. Voluntary cooperation for coordinated development is |
625 | impracticable because of fragmentary ownership, distant absentee |
626 | ownership, and unusual conditions of title and other conditions. |
627 | (5) The public safety is endangered by the tendency of the |
628 | area to attract and be infested with vagrants, drunkards, |
629 | perverts, and roving gangs of vandals. The area has in recent |
630 | months narrowly averted involvement in ghetto riots and |
631 | disorders. In the nighttime the area is dangerous. The area is |
632 | a business ghetto plagued with vacant and deteriorating |
633 | buildings which are neglected and produce a depressing |
634 | atmosphere. Many businesses of all types have left the area for |
635 | new locations in suburban shopping centers and few businesses |
636 | have entered to take their places. The oldest commercial |
637 | structures in the city are in this area and are obsolete, of |
638 | inferior construction, and incompatible with modern functional |
639 | design as is featured in competitive shopping centers. |
640 | (6) The area now has few residences and most of the |
641 | residences which do exist are undersized and of inferior |
642 | construction which would not be permitted for new construction |
643 | under the city's building code. Many former residents have left |
644 | the area and few suitable residence facilities exist. The area |
645 | is predominately commercial and is occupied primarily by day |
646 | workers who sleep in suburban homes outside the downtown area. |
647 | Market studies show that many of these day workers and other |
648 | people would prefer to reside in the downtown area if blighting |
649 | influences were removed and suitable residence facilities |
650 | provided. However, the total environment of man is the |
651 | determinant of the quality of life and each segment of |
652 | environment affects the public health, safety, and morals. The |
653 | problems of residential and commercial slums and blight are one |
654 | and the same problem and the public health, morals, and welfare |
655 | are no less concerned with the commercial areas where the day |
656 | workers spend most of their daylight hours than with residential |
657 | areas where the same individuals spend their nighttime hours. |
658 | It is therefore a necessary and proper function of government to |
659 | remove slums, blight, and blighting influences from commercial |
660 | areas. The police power is inadequate to accomplish this |
661 | purpose. The only effective device for removal of the slums and |
662 | blight of the downtown area is the planning and implementation |
663 | of planning for appropriate land use, beautification, continuity |
664 | of planning and aesthetic and technical design concepts, the |
665 | removal of deteriorated and obsolescent structures, and the |
666 | reduction of fragmentary control of properties in the area. To |
667 | implement such plans requires the exercise of the power of |
668 | eminent domain so as to assemble land in pursuance of a |
669 | coordinated program for redevelopment, as authorized by this |
670 | act, all of which is declared to be a public purpose and for a |
671 | public use. |
672 | (7) The Legislature further finds and declares that the |
673 | provisions of this act and the powers afforded to the governing |
674 | board of the authority are essential to guide and accomplish the |
675 | coordinated, balanced, and harmonious development of the |
676 | downtown in accordance with existing and future needs; to |
677 | promote the health, safety, morals, and general welfare of the |
678 | area and its inhabitants, visitors, property owners, and |
679 | workers; to establish, maintain, and preserve aesthetic values |
680 | and preserve and foster the development and display of |
681 | attractiveness; to prevent overcrowding and congestion; to |
682 | regulate auto traffic and provide pedestrian safety; to secure |
683 | safety from fire, storm, panic, riot, vandals, and other |
684 | dangers; to conserve and provide adequate light and air; and to |
685 | provide a way of life which combines the conveniences and |
686 | amenities of modern living with the traditions and pleasures of |
687 | the past. |
688 | Section 4. There is hereby created and established the |
689 | Downtown Development Authority of the City of Fort Lauderdale, |
690 | which authority shall have all the powers herein provided, and |
691 | which shall be a body corporate as well as politic, with power |
692 | to sue and be sued in all the courts of this state, and with |
693 | power to adopt and use a corporate seal. |
694 | Section 5. The affairs of the authority shall be under the |
695 | direct supervision and control of a board of seven members. Two |
696 | members shall serve for terms expiring at the end of each year |
697 | during the period commencing 1976 and ending 1978. One member |
698 | shall serve for a term expiring at the end of 1975. Thereafter, |
699 | members shall be appointed to serve for regular terms of 4 years |
700 | from the expiration of the terms of their predecessors. The |
701 | terms of incumbent members at the time this law takes effect |
702 | shall not be affected by this law. A member's term shall |
703 | automatically expire and his or her office shall be deemed |
704 | vacant for purposes of appointment of a new member if, while in |
705 | office, he or she shall cease to be qualified for membership |
706 | under section 6. Every board member shall continue to hold |
707 | office until his or her successor has been appointed and has |
708 | qualified. All appointments of the board shall be made by the |
709 | city commission. Appointments made to fill a vacancy during a |
710 | term of office shall be for the unexpired term only. |
711 | Section 6. (1) Each member of the board shall reside in |
712 | or have his or her principal place of business in the city. He |
713 | or she shall be a landowner in the downtown, a leasehold tenant |
714 | required by the terms of his or her lease to pay taxes currently |
715 | on downtown lands, or an officer, director, or managing agent of |
716 | a corporation which owns downtown lands or an interest in |
717 | downtown lands or which corporation is a leasehold tenant |
718 | required by the terms of its lease to pay taxes currently on |
719 | downtown lands. No officer or employee of the city shall be |
720 | eligible to serve as a member of the board while holding other |
721 | offices in the city or while employed by the city. Before |
722 | assuming the duties of the office, each member shall qualify by |
723 | taking and subscribing to the oath of office required of |
724 | officials of the city and by posting a bond in the penal sum of |
725 | $10,000 payable to the city for use and benefit of the |
726 | authority, to be approved by the city commission and filed with |
727 | the city clerk. The premium on such bond shall be deemed an |
728 | operating expense of the authority, payable from funds available |
729 | to it for expenses of operation. |
730 | (2) The board shall adopt and promulgate rules governing |
731 | its procedures and shall hold regular meetings no less often |
732 | than one a month. Special meetings may be held when called in |
733 | the manner provided in the rules of the board. All meetings of |
734 | the board shall be open to the public. Each member of the board |
735 | shall be paid a salary of $1 per year for services on the board, |
736 | unless the city commission shall otherwise designate such salary |
737 | and provide from the general funds of the city for such salary. |
738 | (3) Pursuant to notice and an opportunity to be heard, an |
739 | appointed member of the board may be removed for cause by the |
740 | city commission. Any such removal shall be subject to review by |
741 | the circuit court of the circuit having jurisdiction. |
742 | Section 7. The board, subject to the provisions hereof and |
743 | subject to other applicable provisions of law, shall have all |
744 | powers customarily vested in the board of directors of a |
745 | corporation for profit. It shall exercise supervisory control |
746 | over the activities of the director and the staff of the |
747 | authority in carrying out the functions authorized hereby. |
748 | Section 8. The board shall have the power to: |
749 | (1) Employ engineers, contractors, consultants, attorneys, |
750 | auditors, agents, employees, and representatives as the board |
751 | may from time to time determine on such terms and conditions as |
752 | the board may approve and fix their compensations and duties. |
753 | (2) Adopt bylaws, rules, resolutions, and orders |
754 | prescribing the powers, duties, and functions of the officers of |
755 | the authority, the conduct of the business of the authority, the |
756 | maintenance of the records, and the form of all other documents |
757 | and records of the authority. The board may adopt |
758 | administrative rules and regulations with respect to any |
759 | projects of the authority on such notice and public hearing, if |
760 | any, as the board may determine. |
761 | (3) Maintain an office at such place or places as it may |
762 | designate. |
763 | (4) Execute all contracts and other documents, adopt all |
764 | proceedings, and perform all acts determined by the board to be |
765 | necessary or desirable to carry out the purposes of this act. |
766 | The board may authorize one or more members of the board to |
767 | execute contracts and other documents on behalf of the board. |
768 | (5) Establish and create such departments, boards, or |
769 | other agencies as from time to time the board may deem necessary |
770 | or advisable. |
771 | (6) Examine and authorize any officer or agent of the |
772 | authority to examine the county tax rolls with respect to the |
773 | assessed valuation of the real and personal property within the |
774 | downtown area. |
775 | (7) Appoint a director and other staff members who shall |
776 | be employed upon recommendation of the director, prescribe their |
777 | duties, and fix their compensation which shall be paid from |
778 | funds available to the authority in the same manner as city |
779 | employees are paid. |
780 | (8) Prepare analyses of economic changes taking place upon |
781 | the downtown area. |
782 | (9) Study and analyze the impact of metropolitan growth |
783 | upon the downtown area. |
784 | (10) Plan and propose within the downtown area |
785 | improvements of all kinds, including, among other things, the |
786 | renovation, repair, remodeling, reconstruction, or other changes |
787 | in existing buildings which may be necessary or appropriate to |
788 | the execution of any such plan which in the opinion of the board |
789 | will aid in the economic growth of the downtown area. |
790 | (11) Implement any plan of development in the downtown |
791 | area as shall in its judgment be necessary to carry out its |
792 | functions, provided it is not inconsistent with the city's |
793 | general plan. |
794 | (12) Make and enter into all contracts necessary or |
795 | incidental to the exercise of its powers and the performance of |
796 | its duties. |
797 | (13) Establish, operate, lease, license, grant, or convey |
798 | in the downtown area such public facilities as shall in its |
799 | opinion be feasible and desirable in the implementation of any |
800 | plan conceived and executed by the board. Public facilities |
801 | shall also include pedestrian malls, historical buildings or |
802 | monuments, and cultural, educational, and recreational |
803 | facilities. |
804 | (14) Develop long-range plans designed to halt |
805 | deterioration of downtown property values. |
806 | (15) Borrow money at interest on a short-term basis to pay |
807 | expenses of operation and to issue evidences of indebtedness for |
808 | such loans. |
809 | (16) Retain and fix the compensation of general counsel to |
810 | advise the board in the proper performance of its duties. The |
811 | general counsel shall be a practicing attorney with not less |
812 | than 10 years' experience in the practice of law in the state. |
813 | He or she shall represent the authority in all suits of actions |
814 | brought by or against the authority involving the jurisdiction, |
815 | power, duties, functions, or activities of the authority under |
816 | the terms of this act. At the request of the city, he or she |
817 | may also represent the city in any such matters in case the city |
818 | becomes or desires to become a party to such action. |
819 | (17) Incur all or part of the expense of any public |
820 | improvement made by the city, county, state, or Federal |
821 | Government, or any agency of them, in exercising powers granted |
822 | to the authority. |
823 | (18) Lend, grant, or contribute funds to the city, county, |
824 | or Federal Government, or any agency of them. |
825 | (19) Enter into agreements with the city, county, state, |
826 | or other public body respecting action to be taken in the |
827 | exercise of any of the powers granted to the authority or in |
828 | furtherance of the objectives of the authority. |
829 | Section 9. In addition to and not in limitation of the |
830 | other powers of the authority under law, the authority shall |
831 | have the following powers: |
832 | (1) OWNERSHIP AND DISPOSITION OF PROPERTY.--To acquire |
833 | property, real, personal, or mixed, within or without the |
834 | downtown, in fee simple or any lesser interest or estate, by |
835 | purchase, gift, devise, or lease, upon such terms and conditions |
836 | as the board may deem necessary or desirable, and by |
837 | condemnation, provided the board determines that the use or |
838 | ownership of such property is necessary in the furtherance of a |
839 | designated lawful purpose authorized under this law, to acquire |
840 | title to submerged lands and riparian rights and easements or |
841 | rights-of-way, with or without restrictions and within or |
842 | without the limits of the downtown; to make purchase money |
843 | mortgages and trust deeds and other forms of encumbrance on any |
844 | property acquired by the authority and to purchase property |
845 | subject to purchase money mortgages or other encumbrances and to |
846 | assume such other encumbrances; to mortgage, hold, manage, |
847 | control, lease, sell, dedicate, grant, or otherwise dispose of |
848 | the same and of any of the assets and properties of the |
849 | authority, or any interest therein, including easements and |
850 | licenses, with or without consideration. |
851 | (2) LEASE OF FACILITIES.--Whenever deemed necessary or |
852 | desirable by the board, to lease as lessor or lessee to or from |
853 | any person, firm, corporation, association, or body, public or |
854 | private, any projects of the type that the authority is |
855 | authorized to undertake and facilities or property of any nature |
856 | for the use of the authority and to carry out any of the |
857 | purposes of the authority, subject to limitation of this act. |
858 | (3) REVITALIZATION.--To adopt a plan for the development, |
859 | redevelopment, and revitalization of the downtown, and to modify |
860 | same, and to undertake and carry out such plan, provided it is |
861 | not inconsistent with the city's general plan. |
862 | (4) AIRPORT FACILITIES.--To own, acquire, construct, |
863 | reconstruct, equip, operate, maintain, extend, and improve |
864 | airport facilities of all kinds, including, but not limited to, |
865 | land fields, hangars, shops, terminals, buildings, and all other |
866 | facilities necessary or desirable for the landing, taking off, |
867 | operating, servicing, repairing, and parking of aircraft and |
868 | helicopters, and the unloading and handling of passengers, mail, |
869 | express, and freight, together with all necessary appurtenances |
870 | and equipment and all properties, rights, easements, and |
871 | franchises relating thereto and deemed necessary or convenient |
872 | by the board in connection therewith. |
873 | (5) RECREATIONAL FACILITIES.--To own, acquire, construct, |
874 | reconstruct, equip, operate, maintain, extend, and improve |
875 | parks, playgrounds, picnic grounds, camping facilities, golf |
876 | courses, athletic fields, marinas, piers, wharves, docks, |
877 | harbors, boating and fishing facilities, swimming pools, bathing |
878 | beaches and other water recreational facilities, stadiums, |
879 | auditoriums, civic centers, aquariums, libraries, museums, |
880 | recreational centers, convention halls and facilities, radio and |
881 | television transmission and receiving stations, community |
882 | antenna television systems, and cultural, recreational, and |
883 | educational buildings, facilities, and projects of all kinds and |
884 | descriptions. |
885 | (6) PARKING FACILITIES.--To own, acquire, construct, |
886 | reconstruct, equip, operate, maintain, extend, and improve |
887 | parking facilities, including lots and parking garages, and to |
888 | install parking meters. |
889 | (7) ADVERTISING.--To undertake a program of advertising to |
890 | the public in promoting the business, facilities, and |
891 | attractions within the downtown and the projects of the |
892 | authority and to expend monies and undertake such activities to |
893 | carry out such advertising and promotional programs as the board |
894 | from time to time may determine. |
895 | (8) TRANSPORTATION.--To own, acquire, construct, |
896 | reconstruct, equip, operate, maintain, extend, and improve |
897 | common, private, or contract carriers, buses, vehicles, |
898 | railroads, monorails, airplanes, helicopters, boats, and other |
899 | transportation facilities whether now or hereafter invented or |
900 | developed, including, without limitation, novel and experimental |
901 | facilities such as moving platforms and sidewalks as may be |
902 | determined from time to time by the board to be useful or |
903 | appropriate to meet the transportation requirements of the |
904 | authority and activities conducted within the downtown and to |
905 | extend such transportation facilities to areas outside the |
906 | downtown in order to provide transportation to and from the |
907 | downtown. |
908 | (9) ISSUANCE OF BONDS.--To issue general obligation bonds, |
909 | revenue bonds, assessment bonds, or any other bonds or |
910 | obligations authorized by the provisions of this act or any |
911 | other law or any combination of the foregoing to pay all or part |
912 | of the cost of the acquisition, construction, reconstruction, |
913 | extension, repair, improvement, maintenance, or operation of any |
914 | project or combination of projects; to provide for any facility, |
915 | service, or other activity of the authority; and to provide for |
916 | the retirement or refunding of any bonds or obligations of the |
917 | authority or for any combination of the foregoing purposes. |
918 | (10) OTHER POWERS.--In addition to the other powers |
919 | specifically provided in this act, the authority shall have the |
920 | power to own, acquire, construct, reconstruct, equip, operate, |
921 | maintain, extend, and improve such other projects as the board |
922 | may in its discretion find necessary or desirable to accomplish |
923 | the purposes of this act and to exercise all powers necessary, |
924 | convenient, or proper to carry out the purposes of this act. In |
925 | connection with any of the projects the authority is authorized |
926 | to undertake pursuant to the powers and the authorities vested |
927 | in it by this act, and in order to promote the development and |
928 | utilization of new concepts, designs, and ideas, the authority |
929 | shall have the power to examine into, develop, and utilize new |
930 | concepts, designs, and ideas and to own, acquire, construct, |
931 | reconstruct, equip, operate, maintain, extend, and improve such |
932 | experimental public facilities and services. |
933 | (11) ROADS, BRIDGES, LIGHTING, AND RELATED OR SIMILAR |
934 | FACILITIES.--The authority shall have the right and power to |
935 | acquire, open, extend, construct, reconstruct, pave, operate, |
936 | improve, and maintain highways, streets, toll roads and bridges, |
937 | alleys, sidewalks, promenades, boardwalks, malls, esplanades, |
938 | bridges, tunnels, interchanges, underpasses, overpasses, |
939 | causeways, and public thoroughfares of all kinds and |
940 | descriptions (hereinafter collectively and severally referred to |
941 | as "public roads") and connections to and extension of any and |
942 | all existing public roads within the downtown area, deemed |
943 | necessary or convenient by the board to provide access to and |
944 | efficient development of the territory within the downtown, and |
945 | to construct and maintain sidewalks and street lights along |
946 | public roads in the downtown and toll plaza signs and street |
947 | signs, provided that nothing in this law shall be construed to |
948 | give the authority control over city property. |
949 | (12) CITY COORDINATION.--No authority plan or project |
950 | shall be inconsistent with the city general plan or any other |
951 | city project, franchise, or facility. In any case of conflict |
952 | of jurisdiction, power, or function, the city charter shall |
953 | prevail over this law. Only the city shall have the right under |
954 | this law to object to any plan or project of the authority upon |
955 | the ground of said inconsistency. |
956 | Section 10. The board may employ and fix the compensation |
957 | of the following who, in addition to the general counsel, shall |
958 | serve at the pleasure of the board: |
959 | (1) A director, who shall be a person of good moral |
960 | character and possessed of a reputation for integrity, |
961 | responsibility, and business ability. No member of the board |
962 | shall be eligible to hold the position of director. Before |
963 | entering upon his or her duties of his or her office, the |
964 | director shall take and subscribe to the oath and furnish bond |
965 | as required of members of the board. He or she shall be the |
966 | chief executive officer of the authority and may be employed on |
967 | either a full-time or part-time basis, at the board's |
968 | discretion. He or she shall not engage in any other business or |
969 | profession while serving as director unless the board's approval |
970 | is obtained, but he or she may serve as a director or officer of |
971 | any civil organization or corporation which has goals or |
972 | purposes the same as, or similar to, those of the authority. |
973 | Subject to the approval of the board, and direction by it when |
974 | necessary, he or she shall have general supervision over and be |
975 | responsible for the preparation of plans and the performance of |
976 | the functions of the authority in the manner authorized herein. |
977 | He or she shall attend all meetings of the board. In the |
978 | absence of the director, the board may designate a qualified |
979 | person to perform the duties of the office as acting director. |
980 | The director shall furnish the board with such information or |
981 | reports governing the operation of the authority as the board |
982 | from time to time may require. |
983 | (2) Upon recommendation of the director, such clerical, |
984 | technical, and professional assistance, including, but not |
985 | limited to, engineering, planning, economic research, and other |
986 | fields as shall in the opinion of the board be necessary to |
987 | provide for the efficient performance of the functions of the |
988 | board. |
989 | (3) A treasurer, who shall keep the financial records of |
990 | the authority and who, together with the director, shall approve |
991 | all vouchers for the expenditure of funds of the authority. He |
992 | or she shall perform such other duties as may be delegated to |
993 | him or her by the board. |
994 | (4) A secretary, who shall maintain custody of the |
995 | official seal and of all records, books, documents, or other |
996 | papers not required to be maintained by the treasurer. He or |
997 | she shall attend all meetings of the board and keep a record of |
998 | all its proceedings. He or she shall perform such other duties |
999 | as may be delegated to him or her by the board. |
1000 | Section 11. The director shall prepare and submit for the |
1001 | approval of the board a budget for the operation of the |
1002 | authority for the next fiscal year. The budget shall conform to |
1003 | the fiscal year of the city and shall contain the information |
1004 | required of all city departments. After approval by the board, |
1005 | a copy of the budget shall be delivered to the city by the |
1006 | director with a statement of the millage required therefor as |
1007 | determined by the board, which millage shall be levied by the |
1008 | city commission not to exceed the limits fixed by law. The |
1009 | operations of the authority shall be financed from any lawful |
1010 | source, including the following sources: |
1011 | (1) Moneys borrowed and to be repaid from other funds |
1012 | received under the authority of this act. |
1013 | (2) Donations and contributions to the authority for the |
1014 | performance of its functions from any source, public or private. |
1015 | (3) Revenues from the rental, operation, or sale of |
1016 | assets, facilities, and projects of the authority. |
1017 | (4) Proceeds of special assessments and an ad valorem tax |
1018 | of property in the downtown area. |
1019 | Section 12. The city commission is authorized to levy an |
1020 | ad valorem tax on all downtown real and personal property not |
1021 | exceeding 1 mill on the dollar valuation (as such valuations are |
1022 | assessed for the general ad valorem roll of the city) of such |
1023 | property for the purpose of financing the operation of the |
1024 | authority provided that no tax under this law shall be levied |
1025 | upon property which is exempt from taxation by general or |
1026 | constitutional law. The city tax collector shall transmit funds |
1027 | so collected to the appropriate officer of the city responsible |
1028 | for the handling of the public money who shall deposit same in |
1029 | the city treasury to the credit of the authority. Such money |
1030 | shall be used for no purpose other than those purposes |
1031 | authorized herein and only upon approval of the board, pursuant |
1032 | to vouchers signed by the director and the treasurer of the |
1033 | authority. The funds of the authority shall be secured as other |
1034 | public funds are secured. Other moneys received by the |
1035 | authority shall forthwith be deposited in the city treasury to |
1036 | the credit of the authority, subject to disbursement as herein |
1037 | authorized. |
1038 | Section 13. The city commission shall have the power to |
1039 | assess against the funds of the authority, for the use and |
1040 | benefit of the general fund of the city, a reasonable pro rata |
1041 | share of such funds for the cost of handling and auditing, which |
1042 | assessment when made shall be paid annually by the board |
1043 | pursuant to an appropriate item in the budget. |
1044 | Section 14. No board member nor any employee of the board |
1045 | shall vote or otherwise participate in any matter in which he or |
1046 | she has a financial interest, either direct or indirect. Such |
1047 | indirect financial interest shall not, however, be deemed to |
1048 | include that indirect financial interest which would accrue to |
1049 | all members of the board solely by virtue of being lessees or |
1050 | owners of property in the downtown area, it being the intent |
1051 | hereof that the prohibition herein shall apply in the event a |
1052 | specific indirect financial interest accrues to one rather than |
1053 | to all members. When such interest shall appear, it shall be |
1054 | the duty of the board member or employee to make such interest |
1055 | known and he or she shall thenceforth refrain from voting on or |
1056 | otherwise participating in the particular transaction involving |
1057 | such interest. Willful violation of the provisions hereof shall |
1058 | constitute malfeasance on the part of the board and shall be |
1059 | grounds for instant dismissal of any employee. The board may, |
1060 | in its rules of procedure, provide for automatic forfeiture of |
1061 | office by a board member for violation hereof. Any transaction |
1062 | involving a conflict of interest, wherein a violation of this |
1063 | section is involved, may be rendered void at the option of the |
1064 | board. |
1065 | Section 15. On December 31, 2030, this law shall expire |
1066 | and all assets of the authority shall on or before that date be |
1067 | transferred by the authority to the city. Any assets remaining |
1068 | in the hands of the authority on December 31, 2030, shall |
1069 | automatically devolve upon and become the property of the city. |
1070 | In the event there shall be any indebtedness outstanding against |
1071 | the authority, the city may continue to levy whatever portion |
1072 | shall be necessary of the tax authorized by this law to retire |
1073 | such indebtedness. |
1074 | Section 16. Bonds.--The board is authorized and empowered |
1075 | in order to provide for and carry out the work of this act to |
1076 | raise funds by the issuance of bonds of the same types and in |
1077 | the same manner with the same power and authority and subject to |
1078 | the same limitations as is now provided by statute for the |
1079 | issuance of bonds by the city, provided that the board and its |
1080 | staff and agents shall perform all of the governmental functions |
1081 | to be done with regard to the bonds. The aggregate amount of |
1082 | the bonded indebtedness shall at no time exceed 15 percent of |
1083 | the assessed valuation of the taxable property in the downtown |
1084 | area at the time of issuance. The term of the bonds may exceed |
1085 | beyond the life of the authority if the city shall have agreed |
1086 | to service and pay the bonds after the expiration of the |
1087 | authority. In that event, after the authority expires, the city |
1088 | shall continue to levy and collect the same special tax which is |
1089 | authorized by this law to be levied and collected for the |
1090 | authority and use the revenue therefrom for the retirement of |
1091 | the bonds and expense necessary in connection with servicing the |
1092 | bonds until the bonds are retired. Any excess revenue remaining |
1093 | after retirement of the bonds shall be transferred to the |
1094 | general revenue fund of the city and such special tax shall not |
1095 | be levied in any subsequent year. |
1096 | Section 17. Eminent domain.--The board shall have the |
1097 | right to acquire by condemnation any interest in real property, |
1098 | including a fee simple title thereto, which it may deem |
1099 | necessary for the action of the authority or for the performance |
1100 | of its lawful functions under this act. Said authority may |
1101 | exercise the power of eminent domain in the manner provided in |
1102 | chapters 73 and 74, Florida Statutes, and acts amendatory |
1103 | thereof or supplementary thereto, or it may exercise the power |
1104 | of eminent domain in the manner now or which may be hereafter |
1105 | provided by any other statutory provision for the exercise of |
1106 | the power of eminent domain. Property already devoted to a |
1107 | public use may be acquired in like manner. However, no real |
1108 | property belonging to the state, or any political subdivision |
1109 | thereof, may be acquired without consent. |
1110 | Section 18. (1) CALLING REFERENDA.--Whenever by law or |
1111 | for the convenience of administration of the authority a |
1112 | referendum of electors is needed for the authority, the board |
1113 | shall pass a resolution calling and providing for a referendum |
1114 | to be held in the downtown within 3 months after the date of the |
1115 | resolution. The resolution shall provide for one or more |
1116 | polling or voting places. The board shall cause notice of said |
1117 | referendum to be given by publishing said notice for 2 |
1118 | consecutive weeks in a newspaper published in the city which is |
1119 | of general circulation in the downtown area. The first |
1120 | publication shall occur not more than 42 and not less than 21 |
1121 | days prior to the date of the referendum. Said notice shall |
1122 | designate the polling place or places for said referendum. The |
1123 | board shall make all necessary arrangements for holding the |
1124 | referendum and shall declare the result thereof. The board |
1125 | shall appoint such inspectors and clerks for each polling place |
1126 | as it deems necessary. Form of the ballot at such referendum |
1127 | shall be determined by the board. |
1128 | (2) CANVAS OF RETURNS; CERTIFICATES OF REFERENDUM.--The |
1129 | result of the voting of each polling place when ascertained |
1130 | shall be certified by return in duplicate, signed by the clerk |
1131 | and by the majority of inspectors of referendum and transmitted |
1132 | to the board at a meeting to be held on a day following the |
1133 | referendum. At said meeting, the board shall canvas the returns |
1134 | and the result as shown by such returns shall be by the board |
1135 | declared to be the result of the referendum. One copy of the |
1136 | board's declaration, including a copy of the returns of each |
1137 | polling place, shall be promptly filed with the city clerk, |
1138 | together with a copy of proof of publication of the notice of |
1139 | the referendum. |
1140 | (3) LEGISLATIVE FINDINGS.--The Legislature finds that the |
1141 | activities and functions of the authority are essentially public |
1142 | works and are not concerned with political or governmental |
1143 | purposes. For these reasons the authority is denied police |
1144 | powers. The right to participate in referenda of the authority |
1145 | is more of a private or property right than a public or |
1146 | political right. It is the purpose of the Legislature to grant |
1147 | to those who will have to pay the costs of the improvements a |
1148 | voice commensurate with that cost. |
1149 | (4) ELECTORS OF DOWNTOWN, VOTING.--The referendum shall be |
1150 | conducted with written ballots unless the board by resolution |
1151 | prescribes the use of voting machines. At the referendum, the |
1152 | duly registered owner of each freehold within the downtown shall |
1153 | represent one share and the owner of each share shall be |
1154 | entitled to one vote for each $10,000 or fraction thereof of the |
1155 | nonexempt assessed valuation of the freehold within the |
1156 | downtown, according to the last certified tax assessment roll of |
1157 | Broward County at the time of the referendum. In case record |
1158 | title to land is in a trustee, the trustee shall be deemed the |
1159 | owner for the purposes of this law. Ownership shall not include |
1160 | reversions, remaindermen, trustees other than persons owning a |
1161 | freehold estate as of deed of record, or mortgagees, but they |
1162 | shall be represented by the owner of the freehold estate. In |
1163 | case of undivided multiple ownership of any sort, a majority (in |
1164 | value) of the registered owner may, by written proxy, designate |
1165 | one person to serve as elector for that share and unless an |
1166 | elector be so designated by the majority, the vote of that share |
1167 | shall not be accepted. In case of ownership by a corporation, |
1168 | the corporation may, by proxy, designate an elector to vote the |
1169 | ownership of the corporation. Electors may vote by proxy in |
1170 | writing. An executed copy of each proxy shall be filed with the |
1171 | clerk by the elector at time of voting under that proxy. |
1172 | (5) REGISTRATION OF ELECTORS.--The director shall be the |
1173 | registration officer for the authority and shall register all |
1174 | persons (including corporations) applying to him or her who are |
1175 | qualified as full or part owners of a freehold in the downtown |
1176 | area which is not wholly exempt from taxation. At the time of |
1177 | registration the applicant shall exhibit to the director |
1178 | evidence of ownership satisfactory to the director, including, |
1179 | in addition, an accurate reference to the official record book |
1180 | and page or other precise place in the public records of Broward |
1181 | County, which the evidence of ownership shall have been duly |
1182 | recorded. No application for registration shall be accepted |
1183 | whose evidence of ownership is not recorded in the public |
1184 | records (including court records) of Broward County. The board |
1185 | may designate one or more deputies to be the registration |
1186 | officer in the absence or illness of the director. In case of |
1187 | application for registration for a share or partial undivided |
1188 | interest in a share already registered in the name of another, |
1189 | the registration officer, upon being satisfied by the evidence |
1190 | exhibited that the ownership has been duly transferred to the |
1191 | new applicant, shall mail a notice of cancellation of |
1192 | registration to the existing registrant at the address shown on |
1193 | the official registration record as the address of the |
1194 | registrant's place of residence (or corporation's principal |
1195 | place of business) notifying the registrant that the |
1196 | registration will be canceled unless, within 10 days after the |
1197 | mailing of such notice, the registrant shall appear in person or |
1198 | by representative in person before the registration officer and |
1199 | show by evidence satisfactory to the registration officer that |
1200 | the registrant still owns all or a part of the share in |
1201 | question. If no objection in person is received by the |
1202 | registration officer within such 10-day period, he or she shall |
1203 | promptly so notify the new applicant by mail whose registration |
1204 | will be accepted upon renewal of the application within 10 days |
1205 | after the mailing of such notice. In case timely objection is |
1206 | duly made by the existing registrant, the registration officer |
1207 | shall determine the true ownership on the basis of the evidence |
1208 | reasonably available to him or her and reject or accept the |
1209 | applicant as the circumstances warrant, promptly notifying the |
1210 | existing registrant of the decision. No application for change |
1211 | of registration for any share shall be accepted within 15 days |
1212 | of the referendum unless accompanied by written consent of the |
1213 | existing registrant, duly acknowledged in the manner required by |
1214 | law for instruments recorded in the public records of the |
1215 | county, and unless applied for before the day of the referendum. |
1216 | If it shall be made known to the director that an existing |
1217 | registrant has died or he or she has parted with his or her |
1218 | title to the downtown, the director shall issue a notice of |
1219 | cancellation in the same manner as is provided in the case of a |
1220 | new applicant for an existing registrant and the registration |
1221 | shall be canceled in the same manner in the absence of |
1222 | objection, except that the time for objection in such case shall |
1223 | be 30 days. |
1224 | (6) EMPLOYMENT OF OUTSIDE AGENCIES.--The board may pay |
1225 | reasonable compensation to the Broward County Supervisor of |
1226 | Elections and the Broward County Property Appraiser for services |
1227 | rendered to the authority in connection with registration for |
1228 | and conduct of a referendum. The board may also employ the |
1229 | services of an abstract or title company for assistance in |
1230 | ascertaining the identity of ownership. |
1231 | Section 19. The authority may provide for the construction |
1232 | or reconstruction of assessable improvements and for the levying |
1233 | of special assessments upon benefited property for the payment |
1234 | thereof under the provisions of this section. |
1235 | (1) The initial proceeding under this section shall be the |
1236 | passage by the board of a resolution ordering the construction |
1237 | or reconstruction of such assessable improvements indicating the |
1238 | location by terminal points, routes, or otherwise, and either |
1239 | giving a description of the improvements by their material, |
1240 | nature, character, and size or giving two or more descriptions |
1241 | with the directions that the material, nature, character, and |
1242 | size shall be subsequently determined in conformity with one of |
1243 | such descriptions. Assessable improvements need not be |
1244 | continuous and may be in more than one locality or street. The |
1245 | resolution ordering any such improvement may give any short and |
1246 | convenient designation to each improvement ordered thereby, and |
1247 | the property against which assessments are to be made for the |
1248 | cost of such improvement may be designated as an assessment |
1249 | district, followed by a letter or number or name to distinguish |
1250 | it from the other assessment districts, after which it shall be |
1251 | sufficient to refer to such improvement and property by such |
1252 | designation in all proceedings and assessments, except in the |
1253 | notices required by this section. |
1254 | (2) As soon as possible after the passage of such |
1255 | resolution, the director shall prepare or cause to be prepared |
1256 | in duplicate plans and specifications for each improvement |
1257 | ordered thereby and an estimate of the cost thereof. Such cost |
1258 | shall include, in addition to the items of cost as defined in |
1259 | this act, the cost of relaying streets, sidewalks, and other |
1260 | public facilities or conveniences necessarily torn up or damaged |
1261 | and the following items of incidental expenses: |
1262 | (a) Printing and publishing notices and proceedings. |
1263 | (b) Costs of abstracts of title. |
1264 | (c) Any other expense necessary or proper in conducting |
1265 | the proceedings and work provided for in this section, including |
1266 | the estimated amount of discount, if any, upon the sale of |
1267 | assessment bonds or any other obligations issued hereunder for |
1268 | which such special assessments are to be pledged. If the |
1269 | resolution shall provide alternative descriptions of material, |
1270 | nature, character, and size, such estimate shall include an |
1271 | estimate of the cost of the improvement of each such |
1272 | description. |
1273 |
|
1274 | The director shall also prepare or cause to be prepared in |
1275 | duplicate a tentative apportionment of the estimated total cost |
1276 | of the improvement as between the district and each lot or |
1277 | parcel of land subject to special assessment under the |
1278 | resolution, such apportionment to be made in accordance with the |
1279 | provisions of the resolution and in relation to apportionment of |
1280 | cost provided herein for the preliminary assessment roll. Such |
1281 | tentative apportionment of total estimated cost shall not be |
1282 | held to limit or restrict the duties of the director in the |
1283 | preparation of such preliminary assessment roll. One of the |
1284 | duplicates of such plans, specifications, and estimates and such |
1285 | tentative apportionment shall be filed with the board and the |
1286 | other duplicate shall be retained by the director in his or her |
1287 | files, all thereof to remain open to public inspection. In |
1288 | performing the duties of assessment and apportionment of costs, |
1289 | the director may employ and utilize such technical consultants |
1290 | as may be necessary, including, but not limited, to engineers, |
1291 | architects, planners, economists, and appraisers. |
1292 | (3) The board upon the filing with it of such plans, |
1293 | specifications, estimates, and tentative apportionment of cost |
1294 | shall publish once in a newspaper or newspapers published or of |
1295 | general circulation in the downtown a notice stating that at a |
1296 | meeting of the board on a certain day and hour, not earlier than |
1297 | 15 days from such publication, the board will hear objections of |
1298 | all interested persons to the confirmation of such resolution, |
1299 | which notice shall state in brief and general terms a |
1300 | description of the proposed assessable improvements with the |
1301 | location thereof, and shall also state that plans, |
1302 | specifications, estimates, and tentative apportionment of cost |
1303 | thereof are on file with the board. The board shall keep a |
1304 | record in which shall be inscribed, at the request of any |
1305 | person, firm, or corporation having or claiming to have any |
1306 | interest in any lot or parcel of land or property, the name and |
1307 | post office address of such person, firm, or corporation, |
1308 | together with a brief description or designation of such lot or |
1309 | parcel, and it shall be the duty of the board to mail a copy of |
1310 | such notice to such person, firm, or corporation at such address |
1311 | at least 10 days before the time for the hearing as stated in |
1312 | such notice, but the failure of the board to keep such record or |
1313 | so to inscribe any name or address or to mail any such notice |
1314 | shall not constitute a valid objection to holding the hearing as |
1315 | provided in this section or to any other action taken under the |
1316 | authority of this section. |
1317 | (4) At the time named in such notice, or to which an |
1318 | adjournment may be taken by the board, the board shall receive |
1319 | any objections of interested persons and may then or thereafter |
1320 | repeal or confirm such resolution with such amendments, if any, |
1321 | as may be desired by the board and which do not cause any |
1322 | additional property to be specially assessed. |
1323 | (5) All objections to any such resolution on the ground |
1324 | that it contains items which cannot be properly assessed against |
1325 | property, or that it is, for any default or defect in the |
1326 | passage or character of the resolution or the plans or |
1327 | specifications or estimates, void or voidable in whole or in |
1328 | part, or that it exceeds the power of the board, shall be made |
1329 | in writing in person or by attorney, and filed with the board at |
1330 | or before the time or adjourned time of such hearing. Any |
1331 | objections against the making of any assessable improvements not |
1332 | so made shall be considered waived, and if any objection shall |
1333 | be made and overruled or shall not be sustained, the |
1334 | confirmation of the resolution shall be the final adjudication |
1335 | of the issues presented unless proper steps shall be taken in |
1336 | the Circuit Court for the Seventeenth Circuit to secure relief |
1337 | within 20 days. |
1338 | (6) Whenever any resolution providing for the construction |
1339 | or reconstruction of assessable improvements and for the levying |
1340 | of special assessments upon benefited property for the payment |
1341 | thereof shall have been confirmed, as hereinabove provided, or |
1342 | at any time thereafter, the board may issue assessment bonds |
1343 | payable out of such assessments when collected. Said bonds |
1344 | shall mature not later than 2 years after the last installment |
1345 | in which said special assessments may be paid, as provided in |
1346 | subsection (10), and may bear interest. Such assessment bonds |
1347 | shall be executed, shall have such provisions for redemption |
1348 | prior to maturity, shall be sold in the manner and be subject to |
1349 | all of the applicable provisions contained in this act for |
1350 | revenue bonds, except as the same are inconsistent with the |
1351 | provisions of this section. The amount of such assessment bonds |
1352 | for any assessable improvement, after the confirmation of the |
1353 | initial resolution, shall not exceed 80 percent of the estimated |
1354 | amount of the cost of such assessable improvements which are to |
1355 | be specially assessed against the land or property to be |
1356 | specially benefited thereby, as shown in the estimates of the |
1357 | director of the authority referred to in subsection (2). The |
1358 | amount of such assessment bonds for any assessable improvement |
1359 | to be issued, after the confirmation of the preliminary |
1360 | assessment roll provided for in subsection (9), including any |
1361 | assessment bonds theretofore issued, shall not exceed the amount |
1362 | of special assessments actually confirmed and levied by the |
1363 | board as provided in subsection (9). Such assessment bonds shall |
1364 | be payable from the proceeds of the special assessments levied |
1365 | for the assessable improvement for which such assessment bonds |
1366 | are issued, provided, however, that the director may pledge the |
1367 | full faith and credit of the authority for the payment of the |
1368 | principal of and interest on such assessment bonds if the |
1369 | issuance of such assessment bonds shall be approved in the |
1370 | manner provided by law. |
1371 | (7) After the passage of the resolution authorizing the |
1372 | construction or reconstruction of assessable improvements has |
1373 | been confirmed as provided in subsection (4), the authority may |
1374 | proceed with the construction or reconstruction work in |
1375 | accordance with the provisions of this act. Promptly after the |
1376 | completion of the work, the director for the authority, who is |
1377 | hereby designated as the official of the authority to make |
1378 | preliminary assessment of benefits from assessable improvements |
1379 | shall prepare a preliminary assessment roll and file the same |
1380 | with the board, which roll shall contain the following: |
1381 | (a) A description of the lots and parcels of land or |
1382 | property within the authority which will benefit from such |
1383 | assessable improvements and the amount of such benefits to each |
1384 | such lot or parcel of land or property, and the preliminary |
1385 | assessment. Such lots and parcels shall include the property of |
1386 | the county or counties and any school district or other |
1387 | political subdivision within the authority. There shall also be |
1388 | given the name of the owner of record of each lot or parcel |
1389 | where practicable, and a statement of the method of assessment |
1390 | used by the director. |
1391 | (b) The total cost of the improvement and the amount of |
1392 | incidental expense. |
1393 |
|
1394 | In making such preliminary assessments, the director may use any |
1395 | method of determining the amount of special benefits accruing to |
1396 | each lot or parcel of land or property from such assessable |
1397 | improvements as shall be approved by the board. Such special |
1398 | benefits may be based on an area assessment where benefits from |
1399 | such assessable improvements are equal or nearly equal for lands |
1400 | of property in a particular area, front footage, square footage |
1401 | of structures, cubic measurement of structures, potential uses, |
1402 | or any other factors which the board deems fair and equitable as |
1403 | between the different lots or parcels of land or property |
1404 | benefited. It shall be the duty of the director in making such |
1405 | preliminary assessment roll to view all lots or parcels of land |
1406 | or property to be assessed, and to determine, for the |
1407 | preliminary assessment roll, the amount of benefit which each |
1408 | lot or parcel of land or property will receive from such |
1409 | assessable improvements, under the method or methods prescribed |
1410 | by the board, or any combination thereof. |
1411 | (8) The preliminary roll shall be advisory only and shall |
1412 | be subject to the action of the board as hereinafter provided. |
1413 | Upon the filing with the board of the preliminary assessment |
1414 | roll, the board shall publish at least once in a newspaper or |
1415 | newspapers published or of general circulation within the |
1416 | downtown, a notice stating that at a meeting of the board to be |
1417 | held on a certain day and hour, not less than 15 days from the |
1418 | date of such publication, which meeting may be a regular, |
1419 | adjourned, or special meeting, all interested persons may appear |
1420 | and file written objections to the confirmation of such roll. |
1421 | Such notice shall state the class of the assessable improvements |
1422 | and the location thereof by terminal points, route, or |
1423 | otherwise. The board shall also mail a copy of such notice to |
1424 | the persons, firms, or corporations referred to in subsection |
1425 | (3) at least 10 days before the time for the meeting as stated |
1426 | in such notice, but the failure of the board to mail any such |
1427 | notice shall not constitute a valid objection to holding such |
1428 | meeting or to any other action taken under the authority of this |
1429 | section. |
1430 | (9) At the time and place stated in such notice, the board |
1431 | shall meet and receive the objections in writing of all |
1432 | interested persons as stated in such notice. The board may |
1433 | adjourn the hearing from time to time. After the completion |
1434 | thereof the board shall either annul or sustain or modify in |
1435 | whole or in part the preliminary assessment as indicated on such |
1436 | roll, either by confirming the preliminary assessment against |
1437 | any or all lots or parcels described therein or by canceling, |
1438 | increasing, or reducing the same, according to the special |
1439 | benefits which the board decides each such lot or parcel has |
1440 | received or will receive on account of such improvement. If any |
1441 | property which may be chargeable under this section shall have |
1442 | been omitted from the preliminary roll, or if the preliminary |
1443 | assessment shall not have been made against it, the board may |
1444 | place on such roll an apportionment to such property. The board |
1445 | shall not confirm any assessment in excess of the special |
1446 | benefits to the property assessed, and the assessments so |
1447 | confirmed shall be in proportion to the special benefits. The |
1448 | assessment so made shall be final and conclusive as to each lot |
1449 | or parcel assessed unless proper steps be taken within 30 days |
1450 | in the Circuit Court for the Seventeenth Circuit to secure |
1451 | relief. If the assessment against any property shall be |
1452 | sustained or reduced or abated by the court, the board shall |
1453 | note that fact on the assessment roll opposite the description |
1454 | of the property affected thereby. The amount of the special |
1455 | assessment against any lot or parcel which may be reduced or |
1456 | abated by the court, unless the assessment upon the entire |
1457 | authority be reduced or abated, or the amount by which such |
1458 | assessment is so reduced or abated, may by resolution of the |
1459 | board be made chargeable against the authority at large; or, at |
1460 | the discretion of the board, a new assessment roll may be |
1461 | prepared and confirmed in the manner hereinbefore provided for |
1462 | the preparation and confirmation of the original assessment |
1463 | roll. |
1464 | (10) Any assessment may be paid at the office of the board |
1465 | within 60 days after the confirmation thereof, without interest. |
1466 | Thereafter all assessments shall be payable at such times, over |
1467 | such period of years not exceeding 20 years, and in such annual |
1468 | or other installments with interest at such rate not exceeding 8 |
1469 | percent per annum on the principal amount of such assessments |
1470 | from the expiration of said 60 days, as the board shall |
1471 | determine by resolution. The board may provide that any |
1472 | assessment may be paid at any time before due together with |
1473 | interest accrued thereon to the date of prepayment, if such |
1474 | prior payment shall be permitted by the proceedings authorizing |
1475 | any assessment bonds or other obligations for the payment of |
1476 | which such special assessments have been pledged. |
1477 | (11) All such special assessments shall be collected by |
1478 | the city tax collector, or by such other officer or agent as the |
1479 | board may designate, at such time or times as the board shall |
1480 | specify in the proceedings authorizing or confirming the special |
1481 | assessments, and if no other time is specified then at the same |
1482 | time as general city taxes are collected in the city. |
1483 | (12) All assessments shall constitute a lien upon the |
1484 | property so assessed from the date of confirmation of the |
1485 | resolution ordering the improvement, of the same nature and to |
1486 | the same extent as the lien for general city taxes falling due |
1487 | in the same year or years in which such assessment or |
1488 | installments thereof fall due, and any assessment or installment |
1489 | not paid when due shall be collectible with such interest and |
1490 | with a reasonable attorney's fee and costs, but without |
1491 | penalties, by the authority by proceedings in the Circuit Court |
1492 | for the Seventeenth Circuit to foreclose the lien of |
1493 | assessments, as a lien for mortgages is or may be foreclosed |
1494 | under the laws of the state, provided that any such proceedings |
1495 | to foreclose shall embrace all installments of principal |
1496 | remaining unpaid with accrued interest thereon, which |
1497 | installments shall, by virtue of the institution of such |
1498 | proceedings, immediately become due and payable. Nevertheless, |
1499 | if prior to any sale of the property under decree of foreclosure |
1500 | in such proceedings, payment be made of the installment or |
1501 | installments which are shown to be due under the provisions of |
1502 | the resolution passed pursuant to subsections (9) and (10), and |
1503 | all costs including interest and attorney's fees, such payment |
1504 | shall have the effect of restoring the remaining installments to |
1505 | their original maturities, and the proceedings shall be |
1506 | dismissed. It shall be the duty of the authority to enforce the |
1507 | prompt collection of assessments by the means herein provided, |
1508 | and such duty may be enforced at the suit of any holder of bonds |
1509 | issued under this act in the Circuit Court for the Seventeenth |
1510 | Circuit by mandamus or other appropriate proceedings or action. |
1511 | Not later than 30 days after any installments are due and |
1512 | payable, it shall be the duty of the board to direct the |
1513 | attorney or attorneys whom the board shall then designate to |
1514 | institute action within 2 months after such direction to enforce |
1515 | the collection of all special assessments for assessable |
1516 | improvements made under this section and remaining due and |
1517 | unpaid at the time of such direction. Such action shall be |
1518 | prosecuted in a manner and under the conditions in and under |
1519 | which mortgages are foreclosed under the laws of the state. It |
1520 | shall be lawful to join in one action the collection of |
1521 | assessments against any or all property assessed by virtue of |
1522 | the same assessment roll unless the court shall deem such |
1523 | joinder prejudicial to the interests of any defendant. The |
1524 | court shall allow a reasonable attorney's fee for the attorney |
1525 | or attorneys of the authority, and the same shall be collectible |
1526 | as a part of or in addition to the costs of the action. At the |
1527 | sale pursuant to decree in any such action, the authority may be |
1528 | a purchaser to the same extent as an individual person or |
1529 | corporation, except that the part of the purchase price |
1530 | represented by the assessments sued upon and the interest |
1531 | thereon need not be paid in cash. Property so acquired by the |
1532 | authority may be sold or otherwise disposed of, the proceeds of |
1533 | such disposition to be placed in the fund provided by subsection |
1534 | (13) of this section, provided, however, that no sale or other |
1535 | disposition thereof shall be made unless the notice calling for |
1536 | bids therefor to be received at a stated time and place shall |
1537 | have been published at least once in a newspaper or newspapers |
1538 | published or of general circulation in the downtown. |
1539 | (13) All assessments and charges made under the provisions |
1540 | of this section for the payment of all or any part of the cost |
1541 | of any assessable improvements for which assessment bonds shall |
1542 | have been issued under the provisions of this law, or which have |
1543 | been pledged as additional security for any other bonds or |
1544 | obligations issued under this act, shall be maintained in a |
1545 | special fund or funds and be used only for the payment of |
1546 | principal or interest on such assessment bonds or other bonds or |
1547 | obligations. |
1548 | (14) Subject to the terms of any bonds or other obligation |
1549 | payable from or secured by the assessments provided for herein, |
1550 | the board may at any time and from time to time modify, in whole |
1551 | or in part, or revoke any plan or specification for any |
1552 | assessable improvement. In connection with the revision of any |
1553 | such plan or specification, benefits may be reassessed or |
1554 | additional assessments made in accordance with the provisions |
1555 | and procedures of this section. The board may at any time |
1556 | approve and make effective technical changes and modifications |
1557 | of any plan for any improvement not affecting the determination |
1558 | of assessed benefits or the security of bond owners. |
1559 | Section 20. Encouragement of private enterprise.--The |
1560 | authority, to the greatest extent it determines to be feasible |
1561 | in carrying out the provisions of this act, shall afford maximum |
1562 | opportunity, consistent with the sound needs of said authority |
1563 | as a whole, to the rehabilitation or redevelopment of the |
1564 | renewal area by private enterprise. The authority shall give |
1565 | consideration to this objective in exercising its powers under |
1566 | this act, including the approval of renewal plans (consistent |
1567 | with the general plan of the city), the enforcement of |
1568 | restrictions, regulations, and agreements relating to the use of |
1569 | land and the use and occupancy of buildings and improvements, |
1570 | the disposition of any property acquired, and the provision of |
1571 | necessary public improvements. |
1572 | Section 21. Workable program.--The authority for the |
1573 | purposes of this act may cooperate with the city, or with |
1574 | Broward County, in the formulation of a workable program for |
1575 | community improvements, utilizing appropriate private and public |
1576 | resources to eliminate and prevent the development or spread of |
1577 | slums and urban blight, to encourage needed urban |
1578 | rehabilitation, to provide for the redevelopment of slum and |
1579 | blighted areas, or to undertake such of the aforesaid activities |
1580 | or other feasible municipal activities as may be suitably |
1581 | employed to achieve the objectives of such workable program. |
1582 | Such workable program may include, without limitation, |
1583 | provisions for: the prevention of the spread of blight into |
1584 | areas of the authority which are free from blight through |
1585 | diligent enforcement of housing, zoning, and occupancy controls |
1586 | and standards; the rehabilitation or conservation of slum and |
1587 | blighted areas or portions thereof by replanning, removing |
1588 | congestion, providing parks, playgrounds, and other public |
1589 | improvements, by encouraging voluntary rehabilitation, and by |
1590 | compelling the repair and rehabilitation of deteriorated or |
1591 | deteriorating structures; and the clearance and redevelopment of |
1592 | slum and blighted areas or portions thereof. |
1593 | Section 22. Renewal projects and plans.-- |
1594 | (1) The authority shall not approve a renewal project for |
1595 | a renewal area unless the board has, by resolution, determined |
1596 | such area to be a slum area or a blighted area or a combination |
1597 | thereof and designated such area as appropriate for a renewal |
1598 | project. Said board shall not approve a renewal plan until a |
1599 | general plan for the downtown has been prepared. For this |
1600 | purpose and other authority purposes, authority is hereby vested |
1601 | in said authority to prepare, to adopt, and to revise from time |
1602 | to time a general plan for the physical development of the |
1603 | downtown as a whole (giving due regard to the environs and |
1604 | metropolitan surroundings), provided, however, that the |
1605 | Legislature finds that all of the requirements of a general plan |
1606 | for the physical development of the downtown have been fulfilled |
1607 | by the Plans and Proposals of either Concepts A or B of the 1967 |
1608 | Fort Lauderdale Central Area Study prepared for the authority by |
1609 | Victor Gruen, Architect, F.A.I.A. The authority may revise said |
1610 | general plan from time to time and may adopt another general |
1611 | plan. |
1612 | (2) The authority may prepare or cause to be prepared a |
1613 | renewal plan, or any person or agency, public or private, may |
1614 | submit such a plan to said authority. Prior to its approval of |
1615 | a renewal project, the board shall submit such plan to the |
1616 | planning board of the city for review and recommendations as to |
1617 | its conformity with the general plan for the development of the |
1618 | city as a whole. The planning board shall submit its written |
1619 | recommendations with respect to the proposed renewal plan to the |
1620 | authority within 30 days after receipt of the plan for review. |
1621 | Upon receipt of the recommendations of the planning board, or, |
1622 | if no recommendations are received within said 30 days, then |
1623 | without such recommendations, said authority may proceed with |
1624 | the hearing on the proposed renewal project prescribed herein. |
1625 | No person other than the city shall be entitled to raise the |
1626 | question of inconsistency of any plan with the general plan of |
1627 | the city. |
1628 | (3) The authority shall hold a public hearing on a renewal |
1629 | project, after public notice thereof by publication in a |
1630 | newspaper having a general circulation in the area of operation |
1631 | of the authority. The notice shall describe the time, date, |
1632 | place, and purpose of the hearing, shall generally identify the |
1633 | renewal area covered by the plan, and shall outline the general |
1634 | scope of the renewal project under consideration. |
1635 | (4) Following such hearing, the authority may approve a |
1636 | renewal project if it finds that: |
1637 | (a) A feasible method exists for the location of families |
1638 | who will be displaced from the renewal area in decent, safe, and |
1639 | sanitary dwelling accommodations within their means and without |
1640 | undue hardship to such families. |
1641 | (b) The renewal plan conforms to the general plan of the |
1642 | municipality as a whole. |
1643 | (c) The renewal plan will afford maximum opportunity, |
1644 | consistent with the sound needs of the municipality as a whole, |
1645 | for the rehabilitation or redevelopment of the renewal area by |
1646 | private enterprise. |
1647 | (5) A renewal plan may be modified at any time, provided |
1648 | that if modified after the lease or sale by the authority of |
1649 | real property in the renewal project area, such modification may |
1650 | be conditioned upon such approval of the owner, lessee, or |
1651 | successor in interest as the authority may deem advisable and in |
1652 | any event shall be subject to such rights at law or in equity as |
1653 | a lessee or purchaser, or his or her successor or successors in |
1654 | interest, may be entitled to assert. |
1655 | (6) Upon the approval by the authority of a renewal plan |
1656 | or of any modification thereof, such plan or modification shall |
1657 | be deemed to be in full force and effect for the respective |
1658 | renewal area and the authority may then cause such plan or |
1659 | modification to be carried out in accordance with its terms. |
1660 | (7) Notwithstanding any other provisions of this act, |
1661 | where the authority certifies that an area is in need of |
1662 | redevelopment or rehabilitation as a result of a flood, fire, |
1663 | hurricane, earthquake, storm, or other catastrophe respecting |
1664 | which the Governor has certified the need for disaster |
1665 | assistance under Public Law 875, Eighty-first Congress, or other |
1666 | federal law, the board may approve a renewal plan and a renewal |
1667 | project with respect to such area without regard to the |
1668 | provisions of subsection (4) of this section and the provisions |
1669 | of this section requiring a general plan for the city and the |
1670 | public hearing on the renewal project. |
1671 | Section 23. Powers.--The authority shall have all the |
1672 | powers necessary or convenient to carry out and effectuate the |
1673 | purposes and provisions of this act, including the following |
1674 | powers in addition to others herein granted: |
1675 | (1) To undertake and carry out renewal projects within its |
1676 | area of operation; to make and execute contracts and other |
1677 | instruments necessary or convenient to the exercise of its |
1678 | powers under this act; and to disseminate slum clearance and |
1679 | renewal information. |
1680 | (2) To provide or to arrange or contract for the |
1681 | furnishing or repair by any person or agency, public or private, |
1682 | of services, privileges, works, streets, roads, public |
1683 | utilities, or other facilities for or in connection with a |
1684 | renewal project; to install, construct, and reconstruct streets, |
1685 | utilities, parks, playgrounds, and other public improvements; |
1686 | and to agree to any conditions that it may deem reasonable and |
1687 | appropriate attached to federal financial assistance and imposed |
1688 | pursuant to federal law relating to the determination of |
1689 | prevailing salaries or wages or compliance with labor standards, |
1690 | in the undertaking or carrying out of a renewal project, and to |
1691 | include in any contract let in connection with such a project |
1692 | provisions to fulfill such of said conditions as it may deem |
1693 | reasonable and appropriate. |
1694 | (3) Within its area of operation, to enter into any |
1695 | building or property in any renewal area in order to make |
1696 | inspections, surveys, appraisals, soundings, or test borings, |
1697 | and to obtain an order for this purpose from a court of |
1698 | competent jurisdiction in the event entry is denied or resisted; |
1699 | to acquire by purchase, lease, option, gift, grant, bequest, |
1700 | devise, eminent domain, or otherwise any real property (or |
1701 | personal property for its administrative purposes) together with |
1702 | any improvements thereon; to hold, improve, clear, or prepare |
1703 | for redevelopment any such property; to dispose of any real |
1704 | property; to insure or provide for the insurance of any real or |
1705 | personal property or operation of the authority against any |
1706 | risks or hazards, including the power to pay premiums on any |
1707 | such insurance; and to enter into any contracts necessary to |
1708 | effectuate the purposes of this act provided, however, that no |
1709 | statutory provision with respect to the acquisition, clearance, |
1710 | or disposition of property by public bodies shall restrict the |
1711 | authority in the exercise of such functions with respect to a |
1712 | renewal project, unless the Legislature shall specifically so |
1713 | state. |
1714 | (4) To invest any renewal project funds held in reserves |
1715 | or sinking funds or any such funds not required for immediate |
1716 | disbursement, in property or securities in which banks may |
1717 | legally invest funds subject to their control, and to redeem |
1718 | such bonds as have been issued pursuant to this act at the |
1719 | redemption price established therein or to purchase such bonds |
1720 | at less than redemption price, all such bonds so redeemed or |
1721 | purchased to be canceled. |
1722 | (5) To borrow money and to apply for and accept advances, |
1723 | loans, grants, contributions, and any other form of financial |
1724 | assistance from the Federal Government, the state, county, city, |
1725 | or other public body, or from any sources, public or private, |
1726 | for the purposes of this act, and to give such security as may |
1727 | lawfully be required and to enter into and carry out contracts |
1728 | in connection therewith. The authority may include in any |
1729 | contract for financial assistance with the Federal Government |
1730 | for a renewal project such conditions imposed pursuant to |
1731 | federal laws as the authority may deem reasonable and |
1732 | appropriate and which are not inconsistent with the purposes of |
1733 | this act. |
1734 | (6) Within its area of operation, to make or have made all |
1735 | surveys and plans necessary to the carrying out of the purposes |
1736 | of this act and to contract with any person, public or private, |
1737 | in making and carrying out such plans and to adopt or approve, |
1738 | modify and amend such plans. Such plans may include, without |
1739 | limitation: |
1740 | (a) A general plan for the locality as a whole. |
1741 | (b) Renewal plans. |
1742 | (c) Preliminary plans outlining renewal activities for |
1743 | neighborhoods to embrace two or more renewal areas. |
1744 | (d) Plans for carrying out a program of voluntary or |
1745 | compulsory repair and rehabilitation of buildings and |
1746 | improvements. |
1747 | (e) Plans for the enforcement of state and local laws, |
1748 | codes, and regulations relating to the use of land and the use |
1749 | and occupancy of buildings and improvements and to the |
1750 | compulsory repair, rehabilitation, demolition, or removal of |
1751 | buildings and improvements. |
1752 | (f) Appraisals, title searches, surveys, studies, and |
1753 | other plans and work necessary to prepare for the undertaking of |
1754 | renewal projects. The authority is authorized to develop, test, |
1755 | and report methods and techniques, and carry out demonstrations |
1756 | and other activities, for the prevention and the elimination of |
1757 | slums and blight and to apply for, accept, and utilize grants of |
1758 | funds from the Federal Government for such purposes. |
1759 | (7) To prepare plans for the relocation of persons, |
1760 | including families, business concerns, and others, displaced by |
1761 | a renewal project, and to make relocation payments to or with |
1762 | respect to such persons for moving expenses and losses of |
1763 | property for which reimbursement or compensation is not |
1764 | otherwise made, including the making of such payments financed |
1765 | by the Federal Government. |
1766 | (8) To appropriate such funds and make such expenditures |
1767 | as may be necessary to carry out the purposes of this act, and |
1768 | to levy taxes and assessments for such purposes, subject to |
1769 | millage limitations of this act and the State Constitution. |
1770 | (9) To plan or replan streets, roads, sidewalks, ways, or |
1771 | other places and to plan or replan any part of the downtown. |
1772 | (10) Within its area of operation, to organize, |
1773 | coordinate, and direct the administration of the provisions of |
1774 | this act as they apply to such authority in order that the |
1775 | objective of remedying slum and blighted areas and preventing |
1776 | the causes thereof within such authority may be most effectively |
1777 | promoted and achieved, and to establish such new office or |
1778 | offices of the authority or to reorganize existing offices in |
1779 | order to carry out such purpose most effectively. |
1780 | (11) To exercise all or any part or combination of powers |
1781 | herein granted. |
1782 | Section 24. Disposal of property in renewal area.- |
1783 | (1) The authority may sell, lease, or otherwise transfer |
1784 | real property or any interest therein acquired by it, and may |
1785 | enter into contracts with respect thereto, in a renewal area for |
1786 | residential, recreational, commercial, industrial, or other uses |
1787 | or for public use, or may retain such property or interest for |
1788 | public use, in accordance with the renewal plan, subject to such |
1789 | covenants, conditions, and restrictions, including covenants |
1790 | running with the land, as may be deemed to be necessary or |
1791 | desirable to assist in preventing the development or spread of |
1792 | future slums or blighted areas or to otherwise carry out the |
1793 | purposes of this act, provided that such sale, lease, other |
1794 | transfer, or retention, and any agreement relating thereto, may |
1795 | be made only after the approval of the renewal plan by the |
1796 | board. The purchasers or lessees and their successors and |
1797 | assigns shall be obligated to devote such real property only to |
1798 | the uses specified in the renewal plan, and may be obligated to |
1799 | comply with such other requirements as the authority may |
1800 | determine to be in the renewal plan, and may be obligated to |
1801 | comply with such other requirements as the authority may |
1802 | determine to be in the public interest, including the obligation |
1803 | to begin within a reasonable time any improvements on such real |
1804 | property required by the renewal plan. Such real property or |
1805 | interest shall be sold, leased, otherwise transferred, or |
1806 | retained at not less than its fair value for uses in accordance |
1807 | with the renewal plan. In determining the fair value of real |
1808 | property for uses in accordance with the renewal plan, the |
1809 | authority shall take into account and give consideration to the |
1810 | uses provided in such plan; the restrictions upon, and the |
1811 | covenants, conditions, and obligations assumed by, the purchaser |
1812 | or lessee or by the authority retaining the property; and the |
1813 | objectives of such plan for the prevention of the recurrence of |
1814 | a slum or blighted areas. The authority in any instrument of |
1815 | conveyance to a private purchaser or lessee may provide that |
1816 | such purchaser or lessee, shall be without power to sell, lease, |
1817 | or otherwise transfer the real property without the prior |
1818 | written consent of the authority until he or she has obligated |
1819 | himself or herself to construct thereon. Real property acquired |
1820 | by the authority which, in accordance with the provisions of the |
1821 | renewal plan, is to be transferred shall be transferred as |
1822 | rapidly as feasible in the public interest consistent with the |
1823 | carrying out of the provisions of the renewal plan. Any |
1824 | contract for such transfer and the renewal plan (or such part or |
1825 | parts of such contract or plan as the authority may determine) |
1826 | may be recorded in the office of the Clerk of the Circuit Court |
1827 | of Broward County. |
1828 | (2) The authority may dispose of real property in a |
1829 | renewal area to private persons only under such reasonable |
1830 | competitive bidding procedures as it shall prescribe or as |
1831 | hereinafter provided in this subsection. The authority may, by |
1832 | public notice by publication in a newspaper having a general |
1833 | circulation in the community (30 days prior to the execution of |
1834 | any contract to sell, lease, or otherwise transfer real property |
1835 | and prior to the delivery of any instrument of conveyance with |
1836 | respect thereto under the provisions of this section) invite |
1837 | proposals from and make available all pertinent information to |
1838 | private redevelopers or any persons interested in undertaking to |
1839 | redevelop or rehabilitate a renewal area, or any part thereof. |
1840 | Such notice shall identify the area, or portion thereof, and |
1841 | shall state that proposals shall be made by those interested |
1842 | within 30 days after the date of publication of said notice, and |
1843 | that such further information as is available may be obtained at |
1844 | such office as shall be designated in said notice. The |
1845 | authority shall consider all such redevelopment or |
1846 | rehabilitation proposals and the financial and legal ability of |
1847 | the persons making such proposals to carry them out, and may |
1848 | negotiate with any persons for proposals for the purchase, |
1849 | lease, or other transfer of any real property acquired by the |
1850 | authority in the renewal area. The authority may accept such |
1851 | proposal as it deems to be in the public interest and in |
1852 | furtherance of the purposes of this act, provided that a |
1853 | notification of intention to accept such proposal shall be filed |
1854 | with the board not less than 30 days prior to such acceptance. |
1855 | Thereafter, the authority may execute such contract in |
1856 | accordance with the provisions of subsection (1) and deliver |
1857 | deeds, leases, and other instruments and take all steps |
1858 | necessary to effectuate such contract. |
1859 | (3) The authority may temporarily operate and maintain |
1860 | real property acquired in a renewal area pending the disposition |
1861 | of the property as authorized in this act, without regard to the |
1862 | provisions of subsection (1), for such uses and purposes as may |
1863 | be deemed desirable even though not in conformity with the |
1864 | renewal plan. |
1865 | Section 25. Issuance of bonds.- |
1866 | (1) The authority shall have the power to issue bonds from |
1867 | time to time in its discretion to finance the undertaking of any |
1868 | renewal project under this act, including without limiting the |
1869 | generality thereof, the payment of principal and interest upon |
1870 | any advances for surveys and plans, and shall also have power to |
1871 | issue refunding bonds for the payment or retirement of such |
1872 | bonds previously issued by it. Such bonds may be made payable |
1873 | as to bond principal and interest, from the income, proceeds, |
1874 | revenues, and funds of the authority derived from or held in |
1875 | connection with its undertaking and carrying out of renewal |
1876 | projects under this act, provided, however, that payment of such |
1877 | bonds, both as to principal and interest, may be further secured |
1878 | by a pledge of any loan, grant, or contribution from the Federal |
1879 | Government or other source, in aid of any renewal projects of |
1880 | the authority under this act. |
1881 | (2) Bonds issued under this section shall not constitute |
1882 | an indebtedness within the meaning of any constitutional or |
1883 | statutory debt limitation or restriction, and shall not be |
1884 | subject to the provisions of any other law or charter relating |
1885 | to the authorization, issuance, or sale of bonds. Bonds issued |
1886 | under the provisions of this act are declared to be issued for |
1887 | an essential public and governmental purpose and, together with |
1888 | interest thereon and income therefrom, shall be exempted from |
1889 | all taxes. |
1890 | (3) Bonds issued under this section shall be authorized by |
1891 | resolution or ordinance of the board and may be issued in one or |
1892 | more series and shall bear such date or dates, be payable upon |
1893 | demand or mature at such time or times, bear such interest, be |
1894 | in such denomination or denominations, be in such form either |
1895 | coupon or registered, carry such conversion or registration |
1896 | privileges, have such rank or priority, be executed in such |
1897 | manner, be payable in such medium of payment, at such place or |
1898 | places, and be subject to such terms of redemption (with or |
1899 | without premium), be secured in such manner, and have such other |
1900 | characteristics as may be provided by such resolution or trust |
1901 | indenture or mortgage issued pursuant thereto. |
1902 | (4) Such bonds may be sold at not less than par at public |
1903 | sales held after notice published prior to such sale in a |
1904 | newspaper having a general circulation in the area of operation |
1905 | and in such other medium of publications as the authority may |
1906 | determine or may be exchanged for other bonds on the basis of |
1907 | par, provided that such bonds may be sold to the Federal |
1908 | Government at private sale at not less than par and, in the |
1909 | event less than all of the authorized principal amount of such |
1910 | bonds is sold to the Federal Government, the balance may be sold |
1911 | at private sale at not less than par at an interest cost to the |
1912 | authority not to exceed the interest cost to the authority of |
1913 | the portion of the bonds sold to the Federal Government. |
1914 | (5) In case any of the public officials of the authority |
1915 | whose signatures appear on any bonds or coupons issued under |
1916 | this act shall cease to be such officials before the delivery of |
1917 | such bonds, such signatures shall, nevertheless, be valid and |
1918 | sufficient for all purposes, the same as if such officials had |
1919 | remained in office until such delivery. Any provisions of any |
1920 | law to the contrary notwithstanding, any bonds issued pursuant |
1921 | to this act shall be fully negotiable. |
1922 | (6) In any suit, action, or proceeding involving the |
1923 | validity or enforceability of any bond issued under this act or |
1924 | the security therefor, any such bond reciting in substance that |
1925 | it has been issued by the authority in connection with a renewal |
1926 | project, as herein defined, shall be conclusively deemed to have |
1927 | been issued for such purpose and such project shall be |
1928 | conclusively deemed to have been planned, located, and carried |
1929 | out in accordance with the provisions of this act. |
1930 | Section 26. Bonds as legal investments.--All banks, trust |
1931 | companies, bankers, savings banks and institutions, building and |
1932 | loan associations, savings and loan associations, investment |
1933 | companies, and all other persons carrying on a banking or |
1934 | investment business; all insurance companies, insurance |
1935 | associations, and other persons carrying on an insurance |
1936 | business; and all executors, administrators, curators, trustees, |
1937 | and other fiduciaries may legally invest any sinking funds, |
1938 | moneys, or other funds belonging to them or within their control |
1939 | in any bonds or other obligations issued by the authority |
1940 | pursuant to this act, provided that such bonds and other |
1941 | obligations shall be secured by an agreement between the issuer |
1942 | and the Federal Government in which the issuer agrees to borrow |
1943 | from the Federal Government and the Federal Government agrees to |
1944 | lend to the issuer, prior to the maturity of such bonds or other |
1945 | obligations, moneys in an amount which (together with any other |
1946 | moneys irrevocably committed to the payment of interest on such |
1947 | bonds or other obligations) will suffice to pay the principal of |
1948 | such bonds or other obligations with interest to maturity |
1949 | thereon, which moneys under the terms of said agreement are |
1950 | required to be used for the purpose of paying the principal of |
1951 | and the interest on such bonds or other obligations at their |
1952 | maturity. Such bonds and other obligations shall be authorized |
1953 | security for all public deposits. It is the purpose of this |
1954 | section to authorize any persons, political subdivisions, and |
1955 | officers, public or private, to use any funds owned or |
1956 | controlled by them for the purpose of any such bonds or other |
1957 | obligations. Nothing contained in this section with regard to |
1958 | legal investments shall be construed as relieving any person of |
1959 | any duty of exercising reasonable care in selecting securities. |
1960 | Section 27. Exemption from execution.--All property of the |
1961 | authority, including funds, owned or held by it for the purposes |
1962 | of this act shall be exempt from levy and sale by virtue of an |
1963 | execution, and no execution or other judicial process shall |
1964 | issue against the same, nor shall judgment against the authority |
1965 | be a charge or lien upon such property, provided, however, that |
1966 | the provisions of this section shall not apply to or limit the |
1967 | right of obligees to pursue any remedies for the enforcement of |
1968 | any pledge or lien given pursuant to this act by the authority |
1969 | on its rents, fees, grants, or revenues from renewal projects. |
1970 | Section 28. Cooperation by public bodies.-- |
1971 | (1) For the purpose of aiding in the planning, |
1972 | undertaking, or carrying out of a renewal project located within |
1973 | the area in which it is authorized to act, any public body may, |
1974 | upon such terms, with or without consideration, as it may |
1975 | determine: |
1976 | (a) Dedicate, sell, convey, or lease any of its interest |
1977 | in any property or grant easements, licenses, or other rights or |
1978 | privileges therein to the authority. |
1979 | (b) Incur the entire expense of any public improvements |
1980 | made by such public body in exercising the powers granted in |
1981 | this section. |
1982 | (c) Do any and all things necessary to aid or cooperate in |
1983 | the planning or carrying out of a renewal plan. |
1984 | (d) Lend, grant, or contribute funds to said authority. |
1985 | (e) Enter into agreements (which may extend over any |
1986 | period, notwithstanding any provision or rule of law to the |
1987 | contrary) with said authority or other public body respecting |
1988 | action to be taken pursuant to any of the powers granted by this |
1989 | act, including the furnishing of funds or other assistance in |
1990 | connection with a renewal project. |
1991 | (f) Cause public buildings and public facilities, |
1992 | including parks and playgrounds, recreational, community, |
1993 | educational, water, sewer, or drainage facilities, or any other |
1994 | works which it is otherwise empowered to undertake or to be |
1995 | furnished, furnish, dedicate, close, vacate, pave, install, |
1996 | grade, regrade, plan, or replan streets, roads, sidewalks, ways, |
1997 | or other places; plan or replan or zone or rezone any part of |
1998 | the public body or make exceptions from building regulations; |
1999 | and cause administrative and other services to be furnished to |
2000 | the authority. |
2001 |
|
2002 | If at any time title to or possession of any renewal project is |
2003 | held by any public body or governmental agency, other than the |
2004 | authority, which is authorized by law to engage in the |
2005 | undertaking, carrying out, or administration of renewal projects |
2006 | (including any agency or instrumentality of the United States of |
2007 | America), the provisions of the agreements referred to in this |
2008 | section shall inure to the benefit of, any may be enforced by, |
2009 | such public body or governmental agency. |
2010 | (2) Any sale, conveyance, lease, or agreement provided for |
2011 | in this section may be made by a public body without appraisal, |
2012 | public notice, advertisement, or public bidding. |
2013 | (3) For the purpose of aiding in the planning, |
2014 | undertaking, or carrying out of a renewal project of the |
2015 | authority hereunder, the city may (in addition to its other |
2016 | powers and upon such terms, with or without consideration, as it |
2017 | may determine) do and perform any or all of the actions or |
2018 | things which, by the provisions of subsection (1), a public body |
2019 | is authorized to do or perform, including the furnishing of |
2020 | financial and other assistance. |
2021 | (4) For the purposes of this section, or for the purpose |
2022 | of aiding in the planning, undertaking, or carrying out of a |
2023 | renewal project of the authority, said authority may in addition |
2024 | to any other authority to issue bonds pursuant to this act issue |
2025 | and sell its general obligation bonds. Any bonds issued by the |
2026 | authority pursuant to this section shall be issued in the manner |
2027 | and within the limitations prescribed by the laws of this state |
2028 | for the issuance and authorization of bonds by such authority |
2029 | for public purposes generally, except as to constitutional |
2030 | requirements. |
2031 | Section 29. Title of purchaser.--Any instrument executed |
2032 | by the authority and purporting to convey any right, title, or |
2033 | interest in any property under this act shall be conclusively |
2034 | presumed to have been executed in compliance with the provisions |
2035 | of this act insofar as title or other interest of any bona fide |
2036 | purchaser, lessee, or transferee of such property is concerned. |
2037 | Section 30. Maximum millage.--The maximum millage of the |
2038 | ad valorem tax authorized to be levied to finance the operation |
2039 | of the authority may be increased by the board so as to be any |
2040 | rate not exceeding 10 mills which shall have been approved by |
2041 | vote of the majority of those voting in a referendum in which |
2042 | those participating are limited to the electors of the downtown |
2043 | who at the time of the referendum are owners of freeholds in the |
2044 | downtown not wholly exempt from taxation and who are then duly |
2045 | registered for an authority referendum as authorized by this |
2046 | act. |
2047 | Section 31. Severability.--If any section, clause, |
2048 | sentence, or provision of this act or the application of such |
2049 | section, clause, sentence, or provision to any person or bodies |
2050 | or under any circumstances shall be held to be inoperative, |
2051 | invalid, or unconstitutional, the invalidity of such section, |
2052 | clause, sentence, or provision shall not be deemed, held, or |
2053 | taken to affect the validity or constitutionality of any of the |
2054 | remaining parts of this act, or the application of any of the |
2055 | provisions of this act to persons, bodies, or in circumstances |
2056 | other than those as to which it or any part thereof shall have |
2057 | been inoperative, invalid, or unconstitutional, and it is |
2058 | intended that this act shall be construed and applied as if any |
2059 | section, clause, sentence, or provision held inoperative, |
2060 | invalid, or unconstitutional had not been included in this act. |
2061 | Section 32. Liberal construction.--The provisions of this |
2062 | act shall be liberally construed to effect its purposes and |
2063 | shall be deemed cumulative, supplemental and alternative |
2064 | authority for the exercise of the powers provided herein. |
2065 | Section 33. This act shall be known and may be cited as |
2066 | the "Fort Lauderdale Downtown Development Authority Law." |
2067 | Section 34. (1) TRUST FUND; CREATION, DURATION, USE, AND |
2068 | TERMINATION.-- |
2069 | (a) There is established a fund to be known as the |
2070 | Redevelopment Trust Fund of the Downtown Development Authority |
2071 | of the City of Fort Lauderdale. In addition to any other funds |
2072 | available to the authority, funds allocated to and deposited |
2073 | into said redevelopment trust fund may be used by the authority, |
2074 | subject to prior approval by the board of trustees and pursuant |
2075 | to the provisions of this act, to finance or refinance all or |
2076 | part of the cost of construction or acquisition of any project |
2077 | now or hereafter undertaken by the authority individually or |
2078 | with or by any other governmental entity. |
2079 | (b) Anything to the contrary notwithstanding, the |
2080 | redevelopment trust fund shall not come into existence until |
2081 | this act has been approved by an ordinance adopted by the Board |
2082 | of County Commissioners of Broward County and by an ordinance |
2083 | adopted by the City Commission of the City of Fort Lauderdale. |
2084 | Upon the final adoption and passage of such ordinance by the |
2085 | Board of County Commissioners of Broward County and the City |
2086 | Commission of the City of Fort Lauderdale, the redevelopment |
2087 | trust fund shall thereafter continue in full force and effect in |
2088 | accordance with all of the terms and provisions this act. |
2089 | (c) If the Downtown Development Authority of the City of |
2090 | Fort Lauderdale ceases to exist, the redevelopment trust fund |
2091 | shall be dissolved, and all funds previously deposited therein |
2092 | by a taxing authority together with a pro rata share of any |
2093 | interest having accrued thereon shall be returned to such taxing |
2094 | authority, after the indebtedness outstanding against the |
2095 | authority is retired and any expenses incurred in servicing the |
2096 | indebtedness is paid, provided, however, that in no event shall |
2097 | the redevelopment trust fund continue to exist after the payment |
2098 | in full of such indebtedness and expenses incurred in servicing |
2099 | the indebtedness. |
2100 | (d) The term of bonds issued in accordance with section 16 |
2101 | of this act, for which the development trust fund has been |
2102 | pledged, may extend beyond the life of the redevelopment trust |
2103 | fund if the City of Fort Lauderdale and Broward County have |
2104 | agreed to service and pay such bonds after the expiration of the |
2105 | fund. In such an event, after the redevelopment trust fund |
2106 | expires, the county shall continue to levy and collect the tax |
2107 | authorized by this law and use the revenue therefrom to retire |
2108 | the bonds and to pay any expenses necessary for servicing the |
2109 | bonds until the bonds are retired. Any excess revenue remaining |
2110 | after the bonds are retired, together with a pro rata share of |
2111 | any interest having accrued thereon, shall be returned to the |
2112 | taxing authorities. |
2113 | (2) FUNDING.--The funding of the redevelopment trust fund |
2114 | shall take place annually commencing with the ad valorem taxes |
2115 | levied and assessed for the year 1980, or the year in which the |
2116 | ordinances provided for in paragraph (b) of subsection (2) are |
2117 | adopted by the County Commission of Broward County and the City |
2118 | Commission of the City of Fort Lauderdale, whichever shall occur |
2119 | last. The funding of the redevelopment trust fund shall not |
2120 | exceed that amount equal to the difference between: |
2121 | (a) The amount of ad valorem taxes levied each year by or |
2122 | for all taxing authorities, except school districts and the |
2123 | authority, on its buildings, fixtures, and other improvements |
2124 | upon taxable real property contained within the geographic |
2125 | boundaries of the renewal area; and |
2126 | (b) The amount of ad valorem taxes which would have been |
2127 | produced at the rate upon which the ad valorem taxes are levied |
2128 | each year or for all taxing authorities, except school districts |
2129 | and the authority, upon the total of the assessed value of all |
2130 | building fixtures, and other improvements upon taxable real |
2131 | property in the renewal area, which building, fixtures, and |
2132 | improvements appeared and were listed upon the most recent tax |
2133 | assessment roll used by each taxing authority, except school |
2134 | districts and the authority, prior to the effective date of this |
2135 | act. Taxes levied and assessed on the real property upon which |
2136 | such buildings, fixtures, and improvements are located shall not |
2137 | be included in the annual funding calculation of the |
2138 | redevelopment trust fund. |
2139 | (3) ANNUAL APPROPRIATION.-- |
2140 | (a) For the first 5 years during which the redevelopment |
2141 | trust fund is in existence, each taxing authority, except school |
2142 | districts and the authority, shall annually appropriate from any |
2143 | available funds a sum which is not less in amount than the |
2144 | increment of ad valorem tax revenues, as defined and determined |
2145 | in subsection (3) accruing to said taxing authority. |
2146 | (b) During each year subsequent to the fifth year of the |
2147 | existence of the redevelopment trust fund, each taxing |
2148 | authority, except school districts and the authority, shall, on |
2149 | a pro rata basis, appropriate to said fund a sum which is no |
2150 | less than the amount determined by the board to be necessary |
2151 | during the next fiscal year in order to provide for payment of |
2152 | any bonds, loans, advances, undertakings, or indebtedness, plus |
2153 | interest accruing thereon, or any other financial obligation |
2154 | approved by the board and to the payment of which redevelopment |
2155 | trust funds have been pledged or committed. The redevelopment |
2156 | trust fund budget for each fiscal year shall be prepared and |
2157 | approved by the board and trustees and a copy thereof shall be |
2158 | furnished to each taxing authority, except school districts, at |
2159 | least 30 days prior to the first day of such fiscal year. The |
2160 | ad valorem tax revenues as defined and determined in subsection |
2161 | (3) accruing to such authorities. |
2162 | (c) The obligation of the taxing authorities, except |
2163 | school districts and the authority, to make annual |
2164 | appropriations to the fund shall continue so long as the |
2165 | authority exists, or until all bonds, loans, advances, and |
2166 | indebtedness, or interest thereof, incurred by the authority |
2167 | under this act, and for which redevelopment trust funds have |
2168 | been pledged have been paid, provided that such obligation shall |
2169 | be imposed on the annual tax increment calculated in accordance |
2170 | with subsection (3) is greater than zero. |
2171 | (4) BOARD OF TRUSTEES.-- |
2172 | (a) The redevelopment Trust Fund of the Downtown |
2173 | Development Authority of the City of Fort Lauderdale shall be |
2174 | subject to the jurisdiction, administration, and control of a |
2175 | board of trustees consisting of five members. |
2176 | (b) Within 30 days after the board of County |
2177 | Commissioners of Broward County adopts the ordinance approving |
2178 | the act, the board of County Commissioners of Broward County |
2179 | shall appoint two of its members to the board of trustees, the |
2180 | City Commission of the City of Fort Lauderdale shall appoint two |
2181 | members of its commission to the board of trustees, and the |
2182 | Downtown Development Authority of the City of Fort Lauderdale, |
2183 | shall appoint one member of the board of trustees. All |
2184 | appointments shall be by resolution. The terms of office of a |
2185 | member of the board of trustees shall be 1 year from the date of |
2186 | appointment. A vacancy occurring during a term shall be filled |
2187 | for the unexpired portion of the terms by the governing body |
2188 | which made the original appointment. A member of the board of |
2189 | trustees shall continue to serve until his or her successor has |
2190 | been appointed. Decisions of the board of trustees shall be |
2191 | made on the affirmative vote of a majority of its members. |
2192 | (c) The board of trustees shall control, operate, and |
2193 | administer the Redevelopment Trust Fund of the Downtown |
2194 | Development Authority of the City of Fort Lauderdale as provided |
2195 | in this section. No project for which redevelopment trust funds |
2196 | are to be used shall be undertaken unless first approved by a |
2197 | resolution of the board of trustees. Any such project shall be |
2198 | acquired, constructed, and operated in accordance with the |
2199 | provisions of such resolution and shall not be conveyed by the |
2200 | authority to any person unless such conveyance is first approved |
2201 | by a resolution of the board of trustees. The board of trustees |
2202 | may attach such conditions to the approval of such project as |
2203 | the board of trustees deems necessary. The authority shall not |
2204 | pledge funds in the redevelopment trust fund for the payment of |
2205 | any bond, loan, advance, or indebtedness, unless the authority |
2206 | has, by a resolution, pledged said funds for the time during |
2207 | which any such bond, loan, advance, or indebtedness, or any |
2208 | interest thereon, remains unpaid. |
2209 | (5) REVENUE BONDS AND NOTES.-- |
2210 | (a) Revenue bonds and notes of every issue under this |
2211 | section shall be payable solely out of revenues deposited in the |
2212 | authority's development trust fund. The lien created by such |
2213 | revenue bonds and notes shall not attach until the revenues |
2214 | referred to herein are deposited in the authority's |
2215 | redevelopment trust fund at the times and to the extent that |
2216 | such revenues accrue. The holders of such revenue bonds and |
2217 | notes shall have no right to require or compel the imposition of |
2218 | any tax or the establishment of any rate of taxation for which |
2219 | to provide for the payment of such revenue bonds and notes. |
2220 | (b) Revenue bonds and notes issued under the provisions of |
2221 | this section shall not constitute a debt, liability, or |
2222 | obligation of the authority, Broward County, the City of Fort |
2223 | Lauderdale, or the state or any political subdivision thereof, |
2224 | or a pledge of the faith or credit of Broward County, the City |
2225 | of Fort Lauderdale, or the state or any political subdivision |
2226 | thereof, but shall be payable solely from the redevelopment |
2227 | trust fund as provided for in this section. All such revenue |
2228 | bonds and notes shall contain on the face thereof a statement to |
2229 | the effect that the authority shall not be obligated to pay the |
2230 | same or the interest thereon except from the redevelopment trust |
2231 | fund of the authority held for that purpose and that neither the |
2232 | faith nor credit nor the taxing power of the authority, Broward |
2233 | County, the City of Fort Lauderdale, or the state or any |
2234 | political subdivision thereof is pledged to the payment of |
2235 | principal or interest on such revenue bonds and notes. |
2236 | (c) Revenue bonds and notes issued under the provisions of |
2237 | this section shall not be included in the computation of any |
2238 | limitation or the amount of bonded indebtedness which the |
2239 | authority may incur under other sections of this act. |
2240 | (6) REVENUE BONDS, PLEDGE OF REDEVELOPMENT TRUST FUNDS AND |
2241 | BONDS AS LEGAL INVESTMENTS.--Bonds issued under this section |
2242 | shall be authorized by resolution of the board of trustees. |
2243 | They may be issued in one or more series and shall bear such |
2244 | date or dates, be payable upon demand or mature at such time or |
2245 | times, bear interest at such rate or rates, be in such |
2246 | denomination or denominations, be either with or without coupon |
2247 | or registered, carry such conversion or registration privileges, |
2248 | have such rank or priority, be executed in such manner, be |
2249 | payable in such medium of payment at such place or places, be |
2250 | subject to such terms of redemption (with or without premium), |
2251 | be secured in such manner, and have such other characteristics |
2252 | as may be provided by such resolution or trust indenture or |
2253 | mortgage issued pursuant thereto. Bonds issued under this |
2254 | section may be sold in such manner, either at public or private |
2255 | sale, and for such price as the board of trustees may determine |
2256 | will effectuate the purpose of this section. |
2257 | Section 4. If any provision of this act or the application |
2258 | thereof to any person or circumstance is held invalid, the |
2259 | invalidity shall not affect the provisions or applications of |
2260 | the acts which can be given effect without the invalid provision |
2261 | or application, and to this end the provisions of this act are |
2262 | declared severable. |
2263 | Section 5. Chapters 65-1541, 67-1385, 69-1056, 75-371, 80- |
2264 | 501, 85-393, 87-507, 89-431, 92-247, 93-392, and 95-531, Laws of |
2265 | Florida, are repealed. |
2266 | Section 6. This act shall take effect upon becoming a law. |