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O83-41AN ORDINANCE OF THE CITY OF BOYNTON BEACH ESTABLISHING A REDEVELOPMENT TRUST FUND PURSUANT TO SECTION 163.387, FLORIDA STATUTES (1983); ALLOCATING THE FUNDS APPROPRIATED THERETO TO FINANCE OR REFINANCE THE COMMUNITY REDEVELOPMENT PLAN FOR DOWNTOWN BOYNTON BEACH; APPROPRIATING A "TAX INCREMENT" TO SAID TRUST FUND; DELEGATING ~TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORITY: TO. ADMINISTER SAID FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. There is hereby established and created in accordance with the provisions of Section 163.387, Florida Statutes (1983), a redevelopment trust fund (hereinafter referred to as the "Trust"). Section 2. The funds allocated to, and deposited into the Trust are hereby appropriated to the Boynton Beach Community Redevelopment Agency (hereinafter referred to as the "Agency") to finance or refinance each community redevel- opment project it undertakes. The Agency shall utilize the funds and revenues paid into and earned by the Trust for all and every community redevelopment purpose as contained in the plan for redevelopment and. as provided by law. Section 3. The annual funding of the "Trust" shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of the City or County derived from or held in connection with its undertaking and carrying out of community redevelopment projects therein. Said increment shall be determined and appropriated annually, and shall be that amount equal to 95 per cent of the dif- ference between: (1) That amount of ad valorem taxes levied each year by all taxing authorities except the School Board of Palm Beach County on taxable real property contained within the geographic boundaries of the community redevelopment project; and (2) That amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for all taxing authorities except the school board upon the total of the assessed value of the taxable real property in the community redevelopment project as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority, last equalized prior to the effec- tive date of this ordinance. Section 4. All relevant taxing jurisdictions' obligation to fund the Trust shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of the Agency incurred as the result of a community redevelop- ment project have been paid, but only to the extent that the tax increment described in Section 3 of this ordinance accrues. Said taxing jurisdictions shall make their appropriation to the Trust at the beginning of their fiscal year. The Trust shall receive the increment above described, only as, if, and when such taxes are collected. Said taxing jurisdictions shall fund the Trust for the duration of each project undertaken by the. Agency and approved by the City. The first appropriation shall begin with tax revenue received subsequent to October 1, 1984. (1) The revenue bonds and notes of every issue of the Agency shall be payable solely out of revenues pledged to and received by the Agency and deposited to the Trust. The lien created by such bonds or notes shall not attach until the revenues referred to herein are deposited in the Trust at the times, and to the extent that, such revenues accrue. The holders of such bonds or notes shall have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and -2- retire such bonds or notes. The Trust shall receive the tax increment described in Section 3 of this ordinance only as, if, and when such taxes are collected. (2) Revenue bonds issued by the Agency shall not be deemed to constitute a debt, liability, or obligation of the City or the state or any political subdivision thereof, or a pledge of the faith and credit of the City or the state or any political subdivision thereof, but shall be payable solely from the revenues pro- vided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the Agency shall not be obligated to pay the same or the interest thereon except from the revenues of the Agency held for that purpose and that neither the faith and credit nor the taxing power of the City or of the state or of any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such bonds. Section 5. The Agency is hereby directed to deve- lop and promulgate rules, regulations, and criteria whereby the Trust may be promptly and effectively administered, including the establishment and the maintenance of books and records and the adoption of procedures whereby the Agency may expeditiously utilize said funds for their allocated statutory purpose. Section 6. If any section, subsection, paragraph or other provision of this ordinance, or its application to any person or circumstance, shall be held invalid or unconstitutional, such holding shall not affect the validity of any other section, subsection, paragraph or provision or its application to other persons or circumstances, and towards that end this ordinance is declared severable. Section 7. This ordinance shall take effect imme- diately upon its passage. FIRST READING this 1983. -3- day of SECOND, FINAL READING AND PASSAGE this CITY OF BOYNTON BEACH, FLORIDA Vice MaWr CoUncil Member ATTEST: City Cl~k/ (Corp. Seal) w¸4--