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Home My WebLink About1097-12 CRA AREA IIIIIIIIIIIIVIIIIIIII IIIIIIIIIIVIIIIIIIIVIIII IIIIIIIIII 2012084270 Q/C �� X1,1J('►'lr(k Rcpt:1435813 Rec: 69.5 �/ � /u ( DS: 0.00 IT: 0.00 ORDINANCE NO. 1097-12 05/17/12 K. Garcia, Dpty Clerk AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA TO INCORPORATE ADDITIONAL LANDS INTO THE COMMUNITY REDEVELOPMENT AREA IN ACCORDANCE WITH THE FINDING OF NECESSITY ADOPTED BY THE CITY OF ZEPHYRHILLS THROUGH A RESOLUTION NO. 639-11 (KNOWN AS AND REFERRED TO AS THE 2012 COMMUNITY REDEVELOPMENT EXPANSION AREA), AND �w 3 AMENDING THE CODE OF ORDINANCES SECTION 33.080 TO PROVIDE FOR THE FUNDING OF THE REDEVELOPMENT TRUST FUND FOR AN AREA WITHIN THE CITY OF ZEPHYRHILLS -o COMMUNITY REDEVELOPMENT AREA KNOWN AND REFERRED " ° TO AS THE 2012 COMMUNITY REDEVELOPMENT EXPANSION (,J� AREA; MAKING FINDINGS; DETERMINING THE BASE YEAR FOR (0 g DETERMINING ASSESSED VALUES OF TAXABLE REAL PROPERTY ! o IN THE 2012 COMMUNITY REDEVELOPMENT EXPANSION AREA FOR PURPOSES OF CALCULATING THE AMOUNT OF INCREMENT REVENUES TO BE PAID EACH FISCAL YEAR BY EACH TAXING AUTHORITY; PROVIDING THAT '11HIS ORDINANCE IS SUPPLEMENTAL TO AND DOES NOT SUPERSEDE THE PROVISIONS OF ORDINANCE 688 OR SECTION 33.080, CODE OF ORDINANCES UNLESS SPECIFICALLY STATED HEREIN; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature duly enacted Chapter 163, Part III, Florida Statutes (th "Community Redevelopment Act") establishing the conditions and procedures for th establishment or expansion of community redevelopment areas and agencies; and finding that areas or portions thereof which are deteriorating or economically distressed could be revitalize and redeveloped in a manner that will vastly improve the economic and social conditions of th community; and WHEREAS, the City of Zephyrhills held Community Redevelopment Board and City Counci meetings on September 27, 2010,and December 13, 2010 to consider the need for expanding th Community Redevelopment Area in the City of Zephyrhills; and WHEREAS,the City of Zephyrhills commissioned Kimley-Horn and Associates, Inc. to prepare an independent finding of necessity analysis of the City; arid WHEREAS, the City of Zephyrhills Community Redevelopment Board, following an advertise public workshop meeting on April 11, 2011 reviewed the independent Community Redevelopment Area Finding of Necessity analysis prepared by Kimley-Horn and Associates, Inc., considered public input, the recommendation of the staff, and the standards and guidelines of Chapter 163, Part III, and agreed to proceed with consideration to expand the City' community redevelopment area; and WHEREAS, pursuant to Section 163.346, Florida Statutes, the City of Zephyrhills provided public notice of its intent to consider adopting a resolution declaring a finding of necessity for expansion of the City of Zephyrhills Community Redevelopment Area at least fifteen (15) days before such proposed action by registered mailed notice to, each taxing authority which levies a� valorem taxes on real property contained within the geographic boundaries of the propose expansion of the redevelopment area and in compliance with.the notice requirements set forth Section 166.041(3)(a), Florida Statutes; and WHEREAS, conditions are present which are detrimental to the sound growth of the City o Zephyrhills Redevelopment Area expansion and which substantially impair or arrest appropriat growth within the area, and present conditions and uses which are detrimental to the publi health, safety,morals and public welfare; and WHEREAS, by a Resolution No. 639-11 adopted by the City Council of the City of Zephyrhill Florida on April 11, 2011, it was determined that in iaddition to areas within the City o OR 8K 8699 PG 3933 2 of 8 Zephyrhills previously found by the City to qualify as a redevelopment area pursuant to Chapter 163, Part III, Florida Statutes, there are one or more areas existing within the City that meet the criteria described in Section 163.340 (7) or (8), and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety,morals or welfare of the residents of the City; and WHEREAS, it is appropriate to amend the boundaries of the Community Redevelopment Area to incorporate the 2012 Community Redevelopment Expansion Area as fully described in Exhibits "A", "B", "C", and "D" attached hereto and made a part hereof(the "2012 Community Redevelopment Expansion Area"); WHEREAS, the City Council of the City of Zephyrhills, Florida finds that the expansion of the Zephyrhills Community Redevelopment Area to include the 2012 Community Redevelopment Expansion Areas is consistent with and furthers the City of Zephyrhills Comprehensive Plan; and WHEREAS, in order to finance community redevelopment within the Community Redevelopment Expansion Area it is necessary that Section 33.080 of the City of Zephyrhills Code of Ordinances as originally enacted by Ordinance 668 that created the redevelopment trust fund be amended to provide for the calculation and payment of increment revenues attributed to the 2012 Community Redevelopment Expansion Area; and WHEREAS, pursuant to Section 163.387, Florida Statutes, moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency as described in the community.redevelopment plan for the following purposes, including, but not limited to: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in Section 163.370, Florida Statutes. (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the community redevelopment area. (h) The development of community policing innovations; and WHEREAS, pursuant to Section 163.346, Florida Statutes, the City of Zephyrhills provided public notice of its intent to consider adopting an ordinance adopting an amended Community Redevelopment Area Plan, amending the boundaries of the Zephyrhills Community Redevelopment Area to include the 2012 Community Redevelopment Expansion Area, and to amend the Redevelopment Trust Fund to provide for the calculation and payment of increment revenues attributed to the 2012 Community Redevelopment Expansion Area at least fifteen (15) days before such proposed action by registered mailed notice to each taxing authority which levies ad valorem taxes on real property contained within the geographic boundaries of the proposed expansion of the redevelopment area and in compliance with the notice requirements set forth in Section 166.041(3)(a), Florida Statutes; and OR BK 8699 PG 393 3 of 8 NOW, THEREFORE, BE IT ENACTED BY THE CITY OF ZEPHYRHILLS, FLORIDA AS FOLLOWS: Section 1. Recitals. The above recitals and those as set forth in Resolution No. 639-11 are true and correct, are hereby accepted as legislative findings of fact, and incorporated into this Ordinance by this reference. Furthermore, the City Council finds that the notices required by Section163.346, Florida Statutes, have been timely mailed or published, as applicable, in accordance with such statute. Section 2. Community Redevelopment Plan. The Zephyrhills Community Redevelopment Area Plan is hereby amended and incorporates the 2012 Community Redevelopment Expansion Area as defined in Exhibits "A", "B", "C", and "D" attached hereto, being a graphic depiction of the 2012 Community Redevelopment Expansion Area and by reference a composite legal description of the included parcels as found in the public records of the Pasco County Property Appraiser and recited therein. Pursuant to the requirements of Section 163.362, Subsection (10), Florida Statutes the time certain for completing all redevelopment financed by the increment revenues shall occur no later than 30 years after the fiscal year in which this plan amendment is approved. Section 3. 2012 Community Redevelopment Expansion Area Redevelopment Trust Fund. Section 33.080 of the City of Zephyrhills Code of Ordinances entitled "Communit Redevelopment Trust Fund," is hereby amended to add subsections (1) through (q) as follows, and to add the boundaries of the 2012 Community Redevelopment Expansion Area to the area in which increment revenues are calculated and required to be paid into the Communit Redevelopment Trust Fund: 1 The moneys to be allocated to and deposited into the Community Redevelopment Trust Fun attributed to the 2012 Community Redevelopment Expansion Area shall be used to financ "community redevelopment"within the Community Redevelopment Area, as may be amended form time to time in accordance with Chapter 163, Part III, Florida Statutes, which shall utilize the funds and revenues paid into and earned by the Community Redevelopment Trust Fund fox community redevelopment purposes as provided in the.Community Redevelopment Plan and a permitted by Chapter 163, Part III, Florida Statutes. Moneys shall be.'held in the Communit Redevelopment Trust Fund by the City for and on behalf of the Community Redevelopment Agency and disbursed from the Community Redevelopment Trust Fund as provided.;by Chap er 163, Part III, Florida Statutes. m There shall be paid into the Community Redevelopment Trust Fund each year by each of the "taxing authorities" (as that term is defined in Section 163.340. Florida Statutes) levying a valorem taxes within the 2012 Community Redevelopment Expansion Area a sum equal t ninety-five percent (95%) of the incremental increase in ad valorem taxes levied each year b that taxing authority as calculated in accordance with subsection (o) of this Section and Chapter 163, Part III, Florida Statutes based on the tax year established in subsection (o) (such annual sum being hereinafter referred to as the "increment revenues "). (n) The most recent assessment roll used in connection with the taxation of real property in the 2012 Community Redevelopment Expansion Area by each taxing authority prior to the effective date of this Ordinance shall be the preliminary ad valorem tax roll of.Pasco County, Florid reflecting valuation of real property for purposes of ad valorem taxation as of January 1, 201 (the "base year value" for the 2012 Community Redevelopment Expansion Area) and all deposits into the Community Redevelopment Trust Fund shall be in the amount of increment revenues calculated as provided in subsection (i) hereof based upon increases in valuation of taxable real property from the base year value. (o) The increment revenues shall be determined and appropriated annually by each taxing authority, and shall be an amount equal to ninety-five percent(95%) of the difference between: (1) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of the 2012 Community Redevelopment Expansion Area; and OR BK Z699 PG 3935 4 of 8 (2) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the 2012 Community Redevelopment Expansion Area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the of this subsection. (p) In addition to the increment revenues attributed to the existing Community Redevelopment Area, each taxing authority will annually appropriate to and cause to be deposited in the Community Redevelopment Trust Fund the increment revenues determined pursuant to Chapter 163, Part III, Florida Statutes and subsection (o) at the beginning of each fiscal year thereof as provided in Chapter 163, Part III, Florida Statutes. The obligation of each taxing authority to annually appropriate the increment revenues for deposit in the Community Redevelopment Trust Fund shall commence immediately upon the effective date of this Ordinance and continue to the extent permitted by Chapter 163, Part III Florida Statutes. (g) Pursuant to the requirements of Section 163.362, Florida Statutes the time certain for completing all redevelopment financed by the increment revenues from the existing Community Redevelopment Area and the 2012 Community Redevelopment Expansion Area shall occur no later than 30 years after the fiscal year in which this plan amendment is approved. Section 3. Severability. The sections, paragraphs, sentences, clauses and phrases of the Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of the Ordinance shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality, invalidity or enforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section. 4. Effective Date. This Ordinance shall take effect after passage on the second reading and signing by the Mayor. The forgo r(rolin'ance No. 1097-12 was read and passed on the first reading in an open and reguj r.,nne Ling of•tl$q City Council of the City of Zephyrhills, Florida, on this 23 day of April, 201,2: Attest: 4 ____________ L i'ida,D. Bony.Clerk Kenneth V. Compton, Council resident The foregotn O dinanceNo'. 1097-12 was read and passed on the second reading, following a public hearing, in an open^wand regular meeting of the City Council of the City of Zephyrhills, Florida,®fii tl i Kati lay of May, 2012. y Attest: Lima D.4$ „ , City Clerk Kenneth V. Compton, Counc 1 President Thy* oregring Qrdin-ahq No. 1097-12 was approved by me this 14`x'day of May, 2012. �� .... • gin• Steven P. Van Gorden, Mayor Approved as to legal form and legal content for the reliance of the City of Zephyrhills only: seph A. Poblick, City Attorney OR BK 8699 PO 3936 g of 8 EXHIBIT "A" LEGAL DESCRIPTION The City of Zephyrhills Hercules Park Redevelopment Area A parcel of land lying in Pasco County, Florida more particularly described as follows: Beginning at the Northwest corner of the intersection of County Road 54 East and US 301 and proceeding Easterly along the Southern Boundary f the right-of-way line of County Road 54 East until the Western Boundary of Parcel Number) 02-26-21-0000-00100-0000;thence proceed Southerly until the Northern Boundary of Parcel NIimber 02-26-21-0080-00A00-0070; thence proceed Easterly until the Eastern Boundary of ParceI Number 02-26-21-0080-00A00- 0070;thence proceed Southerly until the Northeast corner of the intersection of North Avenue and Eighth Street;thence proceed Southerly along the Eas erly Boundary line of Eighth Street until the Southern Boundary of the right-of-way line of Eleventh Avenue;thence proceed Westerly until the Western Boundary of the right-of-way li I e of Seventh Street;thence proceed Northerly until the Northern Boundary of Parcel Number 11-26-21-0010-05700-0255;thence proceed Westerly until the Western Boundary of the right-bf-way line of US 301;thence proceed Southerly until the centerline of Eleventh Avenue,thence proceed Westerly until the centerline of Sixth Street;thence proceed Northerly until t e centerline of Fourteenth Avenue; thence proceed Westerly until the intersection of Fifth Street and Fourteenth Avenue;thence proceed Northerly until the intersection of First Street and Fourteenth Avenue;thence proceed Westerly along the centerline of Fourteenth Avenue until Western Boundary'of the right-of-way line of Dayton Street;thence proceed Northerly until the centerline of Geiger Road;thence; proceed Westerly until the Southwest corner of Parcel Number 03-26-21-0210-00000=1340; thence proceed Northerly until the Southern Boundary of r arcel Number 03-26-21=0740-00000 1190;thence proceed Westerly until the Western Boundary of Parcel Number 03-26-21-0210- 00000-1190;thence proceed Northerly until the Southern Boundary of Parcel Number 03-26- 21-0060-00000-0500;thence proceed Easterly along the p�operty line, across'Gall Boulevard until the Eastern Boundary of the right-of-way line of Gall Boulevard;thence proceed Northerly along the Eastern Boundary of the right-of-way line of Gall Boulevard to the Point of Beginning. OR SK 86 6 PG 3� 7 Of 8 EXHIBIT"B=' LEGAL DESCRIPTION The City of Zephyrhills Historic Redevelopment A ea A parcel of land lying in Pasco County, Florida more particularly described as follows: Beginning at the Northwest corner of the intersection of Sixth Avenue and Tenth Street and proceeding Easterly along the centerline of Sixth Avenue until the intersection of Sixth Avenue and Seventeenth Street;thence proceed Southerly until the intersection of Fourth Avenue and Seventeenth Street;thence proceed Westerly until the Eastern Boundary of Eighth Street;thence proceed Northerly until the Northeast corner of Parcel Number 11-26-21-0010- 16700-0070;thence proceed Easterly along alley right-of-v day until the centerline of Tenth Street;thence proceed Northerly along the centerline of Tenth Street to the Point of Beginning. OR BK 8699 PG 35 38 7 of 8 EXHIBIT"C" LEGAL DESCRIPTION The City of Zephyrhills Sheppard Park Redevelopment Area A parcel of land lying in Pasco County, Florida more particularly described as follows: Beginning at the Northwest corner of Sixth Street a11d South Avenue and proceeding Easterly along the Southern Boundary of the right-of-way li i e of South Avenue until the Eastern Boundary of Parcel Number 14-26-21-0010-00700-0090;thence proceeding Southerly until the Southern Boundary of A Avenue;thence proceeding Easterl along the Southern Boundary of the right-of-way line of A Avenue until the Northeast corner of Parcel Number 14-26-21-0010- 01800-0010;thence proceeding Southerly to the Southern Boundary of C Avenue;thence proceeding Westerly along the Southern Boundary of the right-of-way line of C Avenue to the northeast corner of 14-26-21-0100-03600-0030;thence proceeding Southerly until the Northern Boundary of Parcel Number 14-26-21-0100-03600-0070;thence proceeding Easterly until the Northeast corner of Parcel Number 14-26-21-0100-03600-0070;thence proceeding Southerly until the Southeast corner of Parcel Number 14-26-21-0100-03600-0070;thence proceeding Westerly until the Western Boundary of Gall Boulevard;thence proceeding Northerly until the Southeastern corner of Parcel Number 14-26-21-0010-03300-0030;thence proceeding Westerly along the Northern Boundary of the right-of-way line of C Avenue until the Northwestern corner of Parcel Number.14-26-21-0010-03300-0100;thence proceeding Northerly along the Eastern Boundary of the right-of-way line of Sixth Avenue to the Point of Beginning. OR BK X699 PO 3939 8 of 8 EXHIBIT"D" LEGAL DESCRIPTION The City of Zephyrhills Zephyr Park Redevelopment Area A parcel of land lying in Pasco County, Florida more particularly described as follows: Beginning at the Northwest corner of Parcel Number 10-26-21-0010-12600-0020 and proceeding Easterly along the Northern Boundary of Parcel Number 10-26-21-0010-12600-0020 until the Northeast corner of Parcel Number 10-26-21-0030-00000-0080; thence proceeding Northeasterly until the Northeast corner of Parcel Number 10-26-21-0010-12800-0090;thence proceeding Southeasterly to the Eastern Boundary of Parcel Number 10-26-21-0010-12800- 0071;thence proceeding Southerly to the Southeast corner of Parcel Number 10-26-21-0010- 12800-0110;thence proceeding Westerly until the Souther Boundary of State Route 54; thence proceeding Westerly to the Northeast corner of Parcel Number 15-26-21-0030-00100- 0020;thence proceeding Southerly to the Southeast corner of Parcel Number 15-26-21-0030- 00100-0020;thence proceeding Westerly to the Northeast corner of Parcel Number 15-26-21- 0020-00100-0130;thence proceeding Southerly to the Sou heast corner of Parcel Number 15- 26-21-0020-00100-0130;thence proceeding Westerly along the Northern Boundary of Waverly Avenue until the Southwest corner of Parcel Number 15-26-21-0020-00100-0100;thence proceeding Northerly to the Northwest corner of Parcel NuImber 15-26-21-0020-00100-0100; thence proceeding Westerly to the Southwest corner of Parcel Number 15-26-21-0030-00200- 0011;thence proceeding Northerly to the Northwest corner of Parcel Number 15-26-21-0030- 00200-0010;thence proceeding Easterly along the Southern Boundary of State Route 54 approximately ninety three feet;thence proceeding Northerly to the Point of Beginning. 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