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HomeMy WebLinkAbout1285-16 INCLUSION OF 2015 CRA EXPANSION AS TAX BASE FOR FUNDING fIIiJ RERECORD WITH EXHIBITS ORDINANCE NO. 1285-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, RELATING TO THE COMMUNITY REDEVELOPMENT WITHIN THE ZEPHYRHILLS COMMUNITY • REDEVELOPMENT AREA IMPLEMENTING THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT ACT OF 1969 (AS AMENDED); PROVIDING FOR THE INCLUSION OF THE 2015 CRA EXPANSION AREA PART OF THE TAX BASE FOR THE FUNDING OF THE REDEVELOPMENT TRUST FUND FOR REDEVELOPMENT WITHIN THE ZEPHYRHILLS COMMUNITY REDEVELOPMENT AREA AND AN EFFECTIVE DATE.,, WHEREAS, the Florida Legislature duly enacted- Chapter 163, Part III, Florida Statutes (the "Community Redevelopment Act") establishing the conditions and procedures for the establishment or expansion of community redevelopment areas and agencies; and finding that o— areas or portions thereof which are deteriorating or economically distressed could be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community; and WHEREAS, the City of Zephyrhills held Community Redevelopment Board and City Council meetings on . October 23, 2015 to consider the need for expanding the Community Redevelopment Area in the City of Zephyrhills; and WHEREAS, the City of Zephyrhills commissioned Kimley-Hom and Associates, Inc. to prepare an independent finding of necessity analysis of the City; and WHEREAS, the City of Zephyrhills Community Redevelopment Board, following an advertised public workshop meeting on March 23, 2015 reviewed the independent Community Redevelopment—Area"Finding df 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's o®o(An community redevelopment area; and � ®...a WHEREAS, pursuant 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 l a, expansion of the City of Zephyrhills Community Redevelopment Area at least fifteen (10) 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 L e expansion of the redevelopment area and in compliance with the notice requirements set forth in I. '®Section 166.041(3)(a), Florida Statutes; and �.c m°► C WHEREAS, conditions are present which are detrimental to the sound growth of the City of Zephyrhills Redevelopment Area expansion and which substantially impair or arrest appropriate growth within the area, and present conditions and uses which are detrimental to the public health, safety,morals and public welfare; and WHEREAS, by Resolution No.710-16 adopted by the City Council.of the City of Zephyrhills, Florida on January 11; 2016, it was determined that in addition to areas within the City of 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 2015 Community Redevelopment Expansion Area as fully described in Exhibits A and B attached hereto and made a part hereof(the"2015 Community Redevelopment Expansion Area"); PAULA S.O'NEIL,Ph.D.PASCO CLERK & COMPTROLLER'Record and Return to: 08/08/2017 C City Clerk's Office 0RBK9586 m PG of 87 5335 8th Street Zephyrhills, FL 33542 WHEREAS, the City Council of the City of Zephyrhills, Florida finds that the expansion of the Zephyrhills Community Redevelopment Area to include the 2015 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 2015 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. M w (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. Qp 0O) (c)-The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation Fa of site occupants within or outside the community redevelopment area as provided in Section 0 163.370, Florida Statutes. CD (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`bond`s --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 2015 Community Redevelopment Expansion Area, and to amend the Redevelopment Trust Fund to provide for the calculation and payment of increment revenues attributed to the 2015 Community Redevelopment Expansion Area at least ten (10) 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 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. 710-16 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 2015 Community Redevelopment Expansion Area as defined in Exhibits "A", and "B" attached hereto, being a graphic depiction of the 2015 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 ()p Statutes the time certain for completing all redevelopment financed by the increment revenues H shall occur no later than 30 years after the fiscal year in which this plan amendment is approved. Section 3. 2015 Community Redevelopment Expansion Area Redevelopment Trust Fund. Section 33.080 of the City of Zephyrhills Code of Ordinances entitled "Community W Redevelopment Trust Fund," is hereby amended to add subsections (1) through (q) as follows, OD and to add the boundaries of the 2015 Community Redevelopment Expansion Area to the area in which increment revenues are calculated and required to be paid into the Community Redevelopment Trust Fund: (1) The moneys to be allocated to and deposited into the Community Redevelopment Trust Fund attributed to the 2015 Community Redevelopment Expansion Area shall be used to finance "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 Redevelopmenta.Trust-Fun for. community redevelopment purposes as provided in the Community Redevelopment Plan.and asp permitted by Chapter 163, Part III, Florida Statutes. Moneys shall be held'iri the Community. Redevelopment Trust Fund by the City for and on behalf of the Community Redevelol p ent 1 . Agency and disbursed from the Community Redevelopment Trust Fund as provided-by Clfa 163, Part III, Florida Statutes. 7 . (m) There shall be paid into the Community Redevelopment Trust Fund each yebyeach;oMe "taxing authorities" (as that term is defined in Section 163.340. Florida Statutes) wing ad valorem taxes within the 2015 Community Redevelopment Expansion Area a sum equal to ninety-five percent (95%) of the incremental increase in ad valorem taxes levied each year by c 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 (d) (such annual §' sum being hereinafter referred to as the "increment revenues ").- -l (n) The most recent assessment roll used in connection with the taxation of real property in the. 2015 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 Couiity,;'Florida,c,; reflecting valuation of real property for purposes of ad valorem taxation as of January•1;20*15 (the "base year value" for the 2015 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-fivepercent(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 2015 Community Redevelopment Expansion Area; and (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 2015 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. (q) 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 2015 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 ni e Mayor. o0 e.£o " ''` yenance No. 1285-16 was read ande.passeon the first reading in an open and ,regigohe City Council of the City ofrhills, Florida, on s 11th day of CDo01el 4 rr .. Oman, City Clerk K e eth M. Burge , Jr.,1Council President The foregoing Ordinance No. 1285-16 was read and passed on the second reading, following a (0 public hearing, in an open and regular meeting of the City Council of the City of Zephyrhills, j2 5th day of January, 2016. <. `' �,o ,Millman, City Clerk 4nurge4 , A President '' rdinance No. 1285-16 was approved by met ' 5th day of January 2016. p • ,�..� �Q PP Gen field, Mayor Approved as to legal form and legal content for the reliance of the Cit Zephyrhills only: Jose A. ick, City Attorney 'T^ EILAND BLVD 1` i '�`°' CR•54' ! 1Lw i *1 � t i ��." �. "�►'� -"bay s..,.,. JjJ1j ) _ • GEIGER RD t •� r ..� •s{_ ;.t: ,j pJE SNP NORTH'AVE � .. �► N � .� Vii•' r '_- 'x W t� pJ� �3. ✓ Vii. �•• 14TH•'AVE:_.- 1�SN 2S�.PJ , NPE .��x �• r�. `. . •3 PJE PJE 13TH AVE -j } sL AV dy g(t►PJ� �� N� 7TH'AVE{L ?,. • T7 TH .E � te ,per �Z iP� •::c' ` '` �_ HTH 6THAVE• �L.`, q1N ma a ®'• r 4TN AVE -'..p-�w �BTHAVE� 90 tc != GAVE ,j • . •' % ' 9 =2NDAVE N • . Spy54,.R a S TH AVE • • t?''. t._:y 'I •It- �:� 1,`f�—�• x AAVE �, .-r y AAVE _' I•� +' t BAVE J � '-`BAVEa OR BK 9586 PG 139 6 of 7 EXHIBIT B E-CRA BOUNDARY (SKETCH AND LEGAL DESCRIPTION) For a POINT OF BEGINNING, commence at the Southwest corner of the intersection of South Avenue and 17th Street; thence Southerly along the West right-of-way of said 17th Street,to the North right-of- way of C Avenue; thence Westerly along the North right-of-way of said C Avenue, to the Northerly prolongation of the East boundary of that parcel described in Official Records Book 8839, Page 1183, of the public records of Pasco County, Florida; thence Southerly along the Northerly prolongation and continuing along the East boundary of said parcel, to the North boundary of that parcel described in Official Records Book 8884, Page 2689, of the public records of Pasco County, Florida; thence Easterly and continuing clockwise around said-parcel described in Official Records Book_8884,Page-2.6.89_,-to the intersection of the South boundary of said parcel and the East right-of-way of Gall Boulevard; thence Northerly along said East right-of-way of Gall Boulevard, to the Northeast corner of the intersection of Gall Boulevard and the aforementioned C Avenue; thence Westerly along the North right-of-way of said C Avenue, to the Southeast corner of WINTERS MOBILE HOME PARK as describe in Official Records Book 955, Page 76, of the public records of Pasco County, Florida; thence Northerly and continuing counterclockwise around said WINTERS MOBILE HOME PARK, to the South right-of- ay of State Road 54;thence Southwesterly along the South right-of-way of said State Road 54,to the Northwest corner of that parcel described in Official Records Book 5306, Page 1128,of the public records of Pasco County, Florida; thence Southerly along the West boundary of said parcel described in Official Records Book 5306, Page 1128 and continuing along the West boundary of WINTER'S SUBDIVISION, as per the plat thereof recorded in Plat Book 8, Page 79, of the public records of Pasco County, Florida, to the Northeast corner of that parcel described in Official Records Book 288, Page 201, of the public records of Pasco County, Florida; thence Westerly along the North boundary of said parcel described in Official Records Book 288, Page 201, to the Northeast corner of that parcel described in Official Records Book 8575, Page 3625, of the public records of Pasco County, Florida; thence Southerly along the East boundary of said parcel described in Official Records Book 8575, Page 3625, to the North right-of-way of Waverly Avenue; thence Westerly along said North right-of-way of Waverly Avenue,-to-the-South-west corner-of-that_parcel-described_in-OfficiaLRe_c_oxd_s_Boo 8874, Page 3983, of the public records of Pasco County, Florida; thence Northerly along the West boundary of said parcel described in Official Records Book 8874, Page 3983, to the South boundary of that parcel described in Official Records Book 9200, Page 274, of the public records of Pasco County, Florida; thence Westerly and Northerly along the South and West boundaries of said parcel described in Official Records Book 9200, Page 274, and continuing along the West boundary of that parcel described in Official Records Book 5292, Page 593, of the public records of Pasco County, Florida, to the South right-of-way of the aforementioned State Road 54; thence Easterly along said South right-of-way of State Road 54, to the Southerly prolongation of the West boundary of that parcel described in Official Records Book 8954, Page 2103, of the public records of Pasco County, Florida; thence Northerly along said Southerly prolongation and continuing along the West boundary of said parcel described in Official Records Book 8954, Page 2103, and continuing Easterly along the North boundary of said parcel described in Official Records Book 8954, Page 2103, to the West boundary of that parcel described in Official Records Book 3707, Page 359, of the public records of Pasco County, Florida; thence Northerly and continuing clockwise around said parcel described in Official Records Book 3707, Page 359, to the Southwest corner of that parcel described in Official Records Book 7834, Page 1882,of the public records of Pasco County, Florida; thence Northeasterly along the South boundary of said parcel described in Official Records Book 7834, Page 1882,to the Southwest corner of that parcel described in Official Records Book 3871, Page 608, of the public records of Pasco County, Florida; thence Northerly and Easterly along the West and North boundaries of said parcel described in Official Records Book 3871, Page 608,to the Southwest corner of that parcel described in Official Records Book 3342, Page 49, of the public records of Pasco County, Florida; thence Northerly and Easterly along the West and North boundaries of said parcel described in Official Records Book 3342, Page 49, and continuing along the Easterly prolongation thereof, of said parcel, to the east right-of-way of 1st Street;thence Northerly along said East right-of-way of 1st Street, to an intersection with the North right-of-way of 14th Avenue; thence Westerly along the North right- of-way of said 14th Avenue, to the Southwest corner of that parcel described in Official Records Book 3626, Page 537, of the public records of Pasco County, Florida; thence Northerly along the West boundary of said parcel described in Official Records Book 3626, Page 537, continuing along the East boundary of FOREST HEIGHTS, as per the plat thereof recorded in Plat Book 8,Page 10,of the OR BK 9586 PG 1393 public records of Pasco County, Florida, and the Northerly prolongation thereof, to the North right-of-way of Geiger Road;thence Westerly along the North right-of-way of said Geiger Road,to the East boundary of PARKVIEW ACRES, as per the plat thereof recorded in Plat Book 8,Page 52,of the public records ofPasco County,Florida;thence Northerly along the East boundary of said PARKVIEW ACRES and continuing along the East boundary of PARKVIEW ACRES §t ADDITION, as per the plat thereof recorded in Plat Book 8,Page 80,of the public records of Pasco County,Florida,to the South boundary of PARKVIEW ACRES 2nd ADDITION, as per the plat thereof,recorded in Plat Book 8,Page 116,ofthe public records of Pasco County,Florida;thence Easterly along the South boundary of said PARKVIEW ACRES 2nd ADDITION and continuing along the Easterly prolongation thereof,to the East right-of-way of the aforementioned Gall Boulevard;thence along the East right-of-way of said Gall Boulevard,to the South right-of-way of County Road 54;thence Easterly along the South right-of-way of said County Road 54,to the Northeast corner of that parcel described in Official Records Book 8668, Page 2843, of the public records of Pasco County, Florida; thence Southerly along the East boundary of said parcel described in Official Records Book 8668, Page 2843 and continuing along the Southerly prolongation thereof, to the South right-of-way of Henry Drive; thence Easterly along the South right-of- way of said Henry Drive, to the West right-of-way of 8th Street;thence Southerly along the West right- of-way of said 8th Street and continuing along the Southerly prolongation thereof, to the South right-of- way of North Avenue; thence Easterly along the South right-of-way of said North Avenue, to the West right-of-way of 16th Street;thence Southerly along the West right-of-way of said 16th Street, to an intersection with the South right-of-way of 6th Avenue; thence Easterly along the South right-of-way of said 6th Avenue, to the West right-of-way of the aforementioned 17th Street; thence Southerly along the West right-of-way of said 17th Street to the POINT OF BEGINNING.