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| 23 | Florida, are codified, reenacted, amended, and repealed as |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