2010-O-07ORDINANCE NO.2010-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; DESIGNATING THE PROPERTIES SET OUT
ON EXHIBIT "A" IN THE CITY OF EDGEWATER,
FLORIDA AS A BROWNFIELD AREA TO BE KNOWN AS
THE EDGEWATER REDEVELOPMENT AREA ("ERA")
FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION, REHABILITATION AND ECONOMIC
DEVELOPMENT; DIRECTING THE CITY CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE
TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, AND ADOPTION.
WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified
as Sections 376.77 through 376.86, Florida Statutes, known as the Brownfields Redevelopment
Act, for the designation by resolution of certain areas as brownfield sites or areas, and for the
corresponding provision of environmental remediation, rehabilitation and economic development
for such areas or sites; and
WHEREAS, the legislative intent behind the Brownfields Redevelopment Act includes
the redevelopment and rehabilitation of abandoned or underused commercial and industrial
areas, with incentives to "...encourage responsible persons to voluntarily develop and implement
cleanup plans without the use of taxpayer funds...", pursuant to Section 376.78(3), Florida
Statutes; and
WHEREAS, the City of Edgewater desires to take advantage of the Brownfields
Redevelopment Act to redevelop and rehabilitate abandoned or undemsed commercial or
industrial areas in the City and to allow responsible persons to develop and implement cleanup
plans without the need to use local taxes when existing federal and state incentives are available
for such action; and
WHEREAS, the City of Edgewater has considered; (1) whether the Brownfield area
warrants economic development and has a reasonable potential for such activities; (2) whether
the proposed area to be designated represents a reasonable focused approach and is not overly
large in geographic coverage; (3) whether the area has potential to interest the private sector in
participating in rehabilitation; and (4) whether the area contains sites or parts of sites suitable for
limited recreational open space, cultural, or historical preservation purposes; and
WHEREAS, the City of Edgewater has designated the Brownfield area within the City of
Edgewater to be known as the Edgewater Redevelopment Area ("ERA").
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WHEREAS, the City of Edgewater has considered the requirements for the Brownfield
area designation as provided in Sections 376.80(2)(b), Florida Statues, and finds;
1. The rehabilitation and redevelopment of the proposed Edgewater Redevelopment Area will
result in economic productivity of the area, along with the creation of additional full-time
equivalent jobs not associated with the implementation of the Brownfield site rehabilitation
and redevelopment, and will also provide affordable housing as defined in Sec.
420.000493), F.S.;
2. The redevelopment of the proposed Edgewater Redevelopment Area will also include areas
presently considered in the City of Edgewater's Comprehensive Plan as future community
redevelopment areas.
3. Notice of the Edgewater Redevelopment Area designation and proposed applicable
rehabilitation has been provided to property owners of the proposed area to be designated.
There will be an opportunity afforded to those receiving notice for comments and
suggestions. There will also be an opportunity for those with such indentified property to
request that their property not be included as a Edgewater Redevelopment Area
designation.
4. The Edgewater Redevelopment Area designated property owners will be provided
reasonable assurance that they will receive assistance with the application and
implementation of rehabilitation agreements and redevelopment plan for their respective
properties; and
WHEREAS, the notice, publication and public hearing requirements set forth in section
376.80(1), Florida Statues, have been satisfied; and
WHEREAS, the City of Edgewater, Florida, shall notify the Florida Department of
Environmental Protection in writing and provide a copy of this Resolution setting forth the
designation of the properties described on Exhibit "A" hereof, as the Edgewater Redevelopment
Area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
Section 1. In accordance with the Florida Brownfelds Redevelopment Act, Sections
376.77 through 376.86, Florida Statues, the properties described on Exhibit "A" hereof are
hereby designated as the Edgewater Redevelopment Area.
Section 2. The property owners designated in the Edgewater Redevelopment Area as
described on Exhibit "A" hereof shall be responsible for the site remediation and rehabilitation
on the property individually owned by each of them within the Edgewater Redevelopment Area.
Section 3. Designating said area as the Edgewater Redevelopment Area shall in no
way render the City of Edgewater responsible for costs of site rehabilitation or source removal,
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as those terms are defined in Sections 376.79(17) and (18), Florida Statues, or for any other costs
that may arise or be incurred.
Section 4. The City Clerk is hereby directed to transmit a certified copy of this
Ordinance to the Florida Department of Environmental Protection to inform them of the City of
Edgewater's decision to designate the Edgewater Redevelopment Area which is a Brownfield
area for remediation, rehabilitation and economic development for the purposes set forth in
Sections 376.77 through 376.86, Florida Statues.
Section 5. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Section 6. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
Section 7. EFFECTIVE DATE
This Ordinance shall become effective as of 2010.
Section 8. ADOPTION
After Motion to approve by Councilman Cooper with Second by Councilwoman Rogers,
the vote on the first reading of this ordinance during the meeting held on April 19, 2010 was as
follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilwoman Gigi Bennington
X
Councilwoman Harriet B. Rhodes
ABSENT
Councilman Ted Cooper
X
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2010-0-07
101
After Motion to approve by with Second by calk; lanrno n R hoio�.
the vote on the second reading of this ordinance during the meeting held on Mn� 2010
was as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
(x
Councilwoman Gigi Bennington
X _
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
PASSED AND DULY ADOPTED this 1 9� day of 2010.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay,
Kundid & Birch
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CITY COUNCIL OF THE
Z
ED � t A
Mike homes
Mayor
ire J0 �..r lt�aes k��
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this fN" day
of 2010 under Agenda Item No.
8C.0
2010-0-07
EXHIBIT "A"
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