Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 2. Administration   
 Article II. Boards, Committees, Commissions
 Division 14. Enterprise Zone Development Agency
  

  Division 14. Enterprise Zone Development Agency  

§ 2-191. Enabling statute. [Repealed]
Effective on Tuesday, February 7, 2017

The provisions of this Division, Enterprise Zone Development Agency, are hereby enacted in accordance with the enabling statute, F.S. §§ 290.001—290.016, (2001) and Ch. 2002-296, Laws of Florida. In the event any conflict exists between the provisions herein and the Florida Statutes, the Florida Statutes shall prevail.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-192. Definitions. [Repealed]
Effective on Tuesday, February 7, 2017

For the purposes of this article, the following terms shall mean:

Act shall mean The Florida Enterprise Zone Act of 1994 and cited herein as "The Act".

Agency shall mean the City of Lake Wales Enterprise Zone Development Agency, a public body corporate and politic, created by the City Commission, pursuant to the Act, for purposes of exercising the powers and responsibilities designated herein.

Area shall mean the City of Lake Wales Enterprise zone, its boundaries created and delineated by the city commission in for purposes of participating in the Florida Enterprise Zone Program pursuant to the Act. The area shall be approved and designated by the State of Florida as an area targeted for economic revitalization by way of offering businesses financial incentives to encourage private investment and employment opportunities for the Area's residents.

Strategic plan shall mean the enterprise zone development plan adopted by the city commission in accordance with the Act.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-193. Agency established. [Repealed]
Effective on Tuesday, February 7, 2017

The agency is hereby established for the purpose of carrying out the activities and responsibilities designated to it by the city commission, pursuant to the Act.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-194. Composition; terms; removal; vacancies. [Repealed]
Effective on Tuesday, February 7, 2017

Except as provided in this section, the provisions of section 2-26 shall apply to the enterprise zone development agency.

(1) The agency shall consist of a board of commissioners which shall be composed of eight (8) commissioners and, at a minimum, six (6) commissioners must be residents of the City of Lake Wales. The commissioner seats shall be designated as seat #1 through #8 respectively. Each agency commissioner shall be appointed to a specific designated seat by majority vote of the city commission. The city commission shall appoint one (1) representative from each of the following groups: (One (1) individual may represent more than one (1) of the groups.)

a. The local Chamber of Commerce;

b. A local financial or insurance entity;

c. The businesses operating within the area;

d. The residents residing within the area;

e. A non-profit community-based organization operating within the area;

f. The local private industry council;

g. The local police department;

h. The local code enforcement agency.

(2) The terms of office for the commissioners shall be staggered; thus the initial term of each seat, beginning from the effective date of this division, shall be: Seat #1 and #2, three (3) years; seat #3 and #4, two (2) years; seat #5, one (1) year; and seat #6 through #8, four (4) years. Thereafter, all commissioners shall be appointed to serve a four (4) year term. Each commissioner shall hold office until a successor has been appointed and qualified. A certificate of appointment or reappointment of any commissioner shall be filed immediately with the city clerk.

(3) The city commission may, by majority vote, remove a commissioner for inefficiency, neglect of duty, or misconduct in office, providing the commissioner has been given a copy of written charges at least ten (10) days prior to a hearing in which the commissioner is given an opportunity to be heard on said charges in person or by counsel.

(4) A seat on the agency shall be deemed vacant when a member has more than three (3) consecutive absences or five (5) absences within a calendar year, or because of death, resignation, removal, or completion of the term by any commissioner. A seat vacated prior to the expiration of its term shall be filled for its unexpired term by majority vote of the city commission.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-195. Proceedings of the agency. [Repealed]
Effective on Tuesday, February 7, 2017

(a) A majority of the appointed commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action taken by the agency shall be upon a vote of a majority of the commissioners present.

(b) The city commission, by majority vote, shall designate a chairperson and vice chairperson of the agency, and the chair and vice chair shall serve in such capacity for one (1) year. The chair and vice chair may succeed themselves.

(c) In addition to the foregoing, the agency shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of the article. Meetings shall be held at the call of the chairperson and at such other times as a majority of the commissioners may determine. All meetings shall be open to the public. The agency shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed with the city clerk for the agency.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-196. Powers and responsibilities. [Repealed]
Effective on Tuesday, February 7, 2017

The agency may only exercise those powers and responsibilities expressly granted to it by the city commission and/or state law. Absent from such an express grant, the city commission hereby reserves all other powers and duties including, but not limited to those powers delegated to the city commission under the Act. The agency shall have the following powers and responsibilities:

(1) To assist in the development and implementation of the strategic plan for the area;

(2) To oversee and monitor the implementation of the strategic plan. The agency shall make quarterly reports to the city commission evaluating the progress in implementing the strategic plan;

(3) To identify and recommend to the city commission ways to remove regulatory barriers; and

(4) To identify to the city commission the financial needs of, and local resources or assistance available to, eligible businesses in the area.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-197. Expenditures of funds. [Repealed]
Effective on Tuesday, February 7, 2017

The expenditure of funds by the agency shall comply with the following requirements:

(1) The agency shall have no authority to obligate or expend any funds, including grant funds, without the authorization of the city commission.

(2) The agency shall perform its functions and responsibilities within the resources made available by the city, and shall not exceed its budget approved by the city.

(3) The agency shall not incur any expense, debt, or obligation to be paid by the city, unless such expense, debt, or obligation is previously authorized by the city commission.

(4) The agency commissioners shall not receive any compensation for service, but are entitled to payment of necessary and reasonable expenses incurred in the discharge of their duties if said expenses comply with the agency's approved budget.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)
§ 2-198. Reports. [Repealed]
Effective on Tuesday, February 7, 2017

The agency shall prepare and be responsible for all necessary reports as required by federal, state, and/or local law, in fulfillment of its duties and responsibilities.

(Ord. No. 2004-05, § 1, 4-7-04; Ord. No. 2017-02, § 7, 02-07-2017)