§ 98-121. Community redevelopment agency.

(a)

The city commission expressly authorizes the community redevelopment agency, pursuant to F.S. § 163.356, which shall be a public body corporate and politic and constitute a public instrumentality.

(b)

The city commission authorizes the community redevelopment agency to exercise all the powers conferred and as limited by F.S. § 163.3161 et seq., with the exception of the power to make building regulation exceptions; zone or rezone within the designated community redevelopment area; close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places as specified by the community redevelopment plan; acquire land through eminent domain; construct foundations/platforms for affordable housing air rights sites; and enforce or enact ordinances which have the purpose of protecting the public health, safety, and welfare. All other powers necessary or within the boundaries of the community redevelopment area, more particularly described in exhibit A, attached to the ordinance from which this section derives and on file in the city offices, shall be vested with the community redevelopment agency.

(c)

The city commission expressly appoints a board of commissioners of the community redevelopment agency, which shall consist of seven members. Five of the members shall be current members of the city commission. A sixth member may be appointed by the board of county commissioners, and the seventh member may be appointed by the city commission. The terms of office for the sixth and seventh members of the board of commissioners of the community redevelopment agency shall be four years.

(d)

The board of commissioners of the community redevelopment agency shall, at its first meeting in July, appoint a community redevelopment advisory board, which shall consist of no less than seven and no more than nine members, of which a majority shall either reside, own property or operate a business located within the area of operation of the community redevelopment agency. Beginning on August 1, 2010, members shall be appointed for a term of three years, expiring in the month of July of the third year. Members appointed prior to August 1, 2010 shall serve out the remainder of the terms to which they were appointed. Vacancies occurring during a term may be filled at any time in the same manner as the initial appointment was made, and shall remain effective until the first community redevelopment agency meeting in July of the last year of the remaining term when a successor is appointed. A member of the advisory board cannot be reappointed after serving two consecutive full terms until he or she has remained off the board for one year; however, for members serving on the board as of August 1, 2010 and who are in the process of serving two or more consecutive terms at such time, such members may serve one additional succeeding term without interruption, regardless of the term limitations contained herein. Further, in the event that the city commission determines that special circumstances exist, the city commission may reappoint any member of the advisory board for a third consecutive term. The terms of the chairman and vice-chairman of this advisory board shall be three years. The vice-chairman of this advisory board may be appointed chairman in the event the current chairman vacates his or her position as chairman, with the vice-chairman's unexpired term filled by appointment in the same fashion as the original appointment. If an advisory board member fails to attend more than three regularly scheduled meetings per year with a valid excuse, or two regularly scheduled meetings per year without a valid excuse, then that member shall relinquish his/her seat as a member of the advisory board. A member who has an excused absence may vote on any item on the agenda by making his or her vote known in writing to the chair or recording secretary prior to the start of the meeting. The community redevelopment advisory board shall have all duties and responsibilities as may be formally delegated by the community redevelopment agency, but shall, at a minimum, be responsible for the preparation and implementation of the community redevelopment plan through its recommendations to the community redevelopment agency.

(e)

The city commission and the community redevelopment agency shall agree upon an amount to be rebated back to the city each year of the amount deposited in the community redevelopment trust fund pursuant to F.S. § 163.387, for a particular year.

(f)

The city commission and the community redevelopment advisory board shall also agree upon what powers the community redevelopment advisory board shall possess as they apply to the community redevelopment plan. In order for the interlocal agreement to become effective it must be approved by a unanimous vote of the city commission. If the interlocal agreement is not approved by a unanimous vote of the city commission within 12 months of the effective date of the ordinance from which this section derives, the community redevelopment plan shall expire and shall be of no further effect.

(Code 1988, § 16-81; Ord. No. 97-26, § 1, 7-24-97; Ord. No. 98-15, § I, 3-26-98; Ord. No. 01-57, § 1, 7-26-01; Ord. No. 10-27, § I, 7-22-10)