§ 35-52. Delegation of powers.

Pursuant to F.S. §§ 163.410 and 163.356, and subject to the conditions set forth in section 35-53, below, the board hereby delegates all powers under F.S. ch. 163, pt. III, to the City Council of the City of West Melbourne, Florida, to create, operate, and maintain the West Melbourne-Brevard County Joint Community Redevelopment Agency within that portion of its municipal boundaries that are within the boundaries set forth in Exhibit "A". Said powers shall include but not to be limited to:

(1)

The power to rename or designate the name of said community redevelopment agency;

(2)

The power to conduct surveys or other boundary examinations so as to consider adjustments or modifications of the boundaries of the community redevelopment agency. Any proposed additional community redevelopment areas or proposed expansion of the West Melbourne Joint Community Redevelopment Area contemplated by this resolution shall require that the city seek and request an additional delegating resolution from the board;

(3)

The power to organize and operate a Community Redevelopment Agency; so generally described and specified in either F.S. § 163.356 or 163.357;

(4)

The power to give public notice, from time to time, as specified in F.S. ch. 163, pt. III;

(5)

The power to make a finding of necessity, as specified in F.S. § 163.355;

(6)

The power to determine an area to be slum or blighted, or combination thereof, to designate such area as appropriate for community redevelopment, and to hold any public hearings required with respect thereto;

(7)

The power to grant approval to a community redevelopment plan and modifications thereof subject to a confirming vote by the board;

(8)

The power to authorize the issuance of, and the power to issue, redevelopment revenue bonds, all set forth in F.S. § 163.385, except the city and CRA may not incur indebtedness pledging county tax increment funds as a source of repayment unless the proceeds of the debt are designated for use in a project described in paragraph 4 of the 2018 interlocal agreement between the city, CRA and county. The maturity date for any existing or future CRA or city indebtedness for which county tax increment funds have been pledged as a source of repayment, unless consented to by the county, shall not extend beyond a period of 15 years from the date of issuance or June 19, 2038, whichever comes first;

(9)

The power to approve the acquisition, demolition, removal, or disposal of property as provided in F.S. § 163.370(3), and the power to assume the responsibility to bear loss as provided therein;

(10)

The power to prepare a community redevelopment plan and modifications thereof, all pursuant to F.S. §§ 163.360, 163.361 and 163.362;

(11)

The power to prepare and give approval to a neighborhood and community-wide plan (and modifications) thereof, pursuant to F.S. § 163.365;

(12)

The power to conduct eminent domain or otherwise dispose of property pursuant to F.S. §§ 163.375 and 163.380;

(13)

The power to create, operate, and maintain a redevelopment trust fund pursuant to F.S. § 163.387, and for the purposes set forth in said section;

(14)

The power to make and execute contracts and other instruments necessary or convenient to the exercise of the powers under Part III, Chapter 163, Florida Statutes;

(15)

The power to disseminate slum clearance and community redevelopment information;

(16)

The power to undertake and carry out community redevelopment and related activities within the community redevelopment area, which may include acquisition of a slum area or a blighted area or a portion thereof, demolition and removal of buildings and improvements, installation, construction, or reconstruction of public infrastructure and the carrying out of other community redevelopment objectives, all as provided for in F.S. § 163.370;

(17)

The power to dispose of any properties acquired in the community redevelopment area at their fair value for uses in accordance with the community redevelopment plan;

(18)

The power to provide, or to arrange or contract and to agree to any conditions that it deems reasonable and appropriate which are attached to Federal financial assistance and imposed pursuant to Federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of the community redevelopment and related activities and to fulfill such conditions as it deems reasonable and appropriate;

(19)

Within the community redevelopment area, the power:

a.

To the extent authorized by law to enter into buildings or property in the community redevelopment area in order to make inspections, surveys, appraisals, sounding or test borings and to obtain an order for this purpose from the court of competent jurisdiction in the event entry is denied or resisted;

b.

To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain, or otherwise any real property (or personal property for its administrative purposes) together with any improvements thereon;

c.

To hold, improve, clear, or prepare for development of any such property;

d.

To mortgage, pledge, hypothecate, otherwise encumber or dispose of any real property;

e.

To insure or provide for the insurance of any real or personal property or operations against any risk or hazards, including the power to pay premiums on any such insurance;

f.

To the extent authorized by law, to enter into any contracts necessary to effectuate the purposes of F.S. § 163, pt. III; and

g.

To solicit requests for proposals for redevelopment of parcels of real property contemplated by a community redevelopment plan to be acquired for redevelopment for purposes by the community redevelopment agency and as a result of such requests for proposals to advertise for the disposition of such real property to private persons pursuant to F.S. § 163.380, prior to acquisition of such real property by the community redevelopment agency;

(20)

The power to invest in any community redevelopment fund held in reserve for sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as may have been issued pursuant to F.S. § 163.385, at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed for purchase being cancelled;

(21)

The power to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, county, city or other public body or from any sources public or private for the purposes of F.S. ch. 163, pt. III, and to give such security as may be required and to enter and carry out contracts or agreements in connections therewith, and to include in any contracts for financial assistance with the Federal government for or with respect to community redevelopment and related activities such conditions and powers pursuant to federal law as Brevard County or the city deems reasonable and appropriate which are not inconsistent with the purposes of this F.S. ch. 163, pt. III;

(22)

The power to make or have made all surveys and plans necessary to the carrying out of the purposes of this part, to contract with any person, public or private, in making and carrying out such plans, and to accept or approve, modify and amend such plans, with plans that include the plans specified in F.S. § 163.370(12)(h) 1-3;

(23)

The power to develop, test, and report methods and techniques, and carry out demonstrations and other activities for the prevention and the elimination of slums and other blight and developing and demonstrating new or improved means of providing housing for families and persons of low income;

(24)

The power to apply for, accept and utilize grants or funds from the federal government for such purposes;

(25)

The power to prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, non-profit organizations, and others) displaced from the community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government;

(26)

The power to appropriate such funds and make such expenditures as are necessary to carry out the purposes of F.S. ch. 163, pt. III, to zone or rezone any part of the municipality or make exceptions from building regulations, and to enter into agreements with a housing authority, which agreements may extend over a period, notwithstanding any provision or rule of law to the contrary, with respect to any action to be taken by the city pursuant any of the powers granted by F.S. ch. 163, pt. III;

(27)

The power to close or vacate, or replan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the city;

(28)

The power to organize, coordinate, and direct the administration of the provisions of F.S. ch. 163, pt. III, as they may apply to the city in order that the objective of remedying slum and blighted areas and preventing the causes thereof within the city may be most effectively promoted and achieved and to establish such new office or offices of the city or to reorganize existing offices in order to carry out such purposes most effectively;

(29)

The power to exercise all or any part or combination of the powers herein granted or to elect to have such powers exercised by the community redevelopment agency; and

(30)

With the approval of the City Council of West Melbourne, the community redevelopment agency may, prior to the approval of the community redevelopment plan or approval of any modification for the said plan, acquire real property in the community redevelopment area, demolish and renew any structures on the property, and pay all costs related to the acquisition, demolition, or removal thereof, including any administrative or relocation expenses, provided that the community redevelopment agency assumes the responsibility to bear any loss that may arise as a result of the exercise of authority under F.S. § 163.370(3), in the event that the real property is not made part of the community redevelopment area.

(Ord. No. 2011-28, § 2, 8-9-11; Ord. No. 2018-08, § 5, 4-10-18)