Chapter 40 - NEIGHBORHOOD IMPROVEMENT DISTRICTS

Sec. 39.94. - Issue, Reissue, Transfer, Revocation of License; Right of Appeal. Chapter 41 - FALSE ALARMS Chapter 40 - NEIGHBORHOOD IMPROVEMENT DISTRICTS

ARTICLE I. - IN GENERAL

Sec. 40.1. - Short Title.

This chapter may be cited as the Orlando Neighborhood Improvement District Code.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)

Sec. 40.2. - Purpose.

The purpose of this article is to authorize the creation of neighborhood improvement districts in accordance with the Safe Neighborhoods Act and to provide additional appropriate rules governing the creation and operation of such districts within the City of Orlando.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)

Sec. 40.3. - Definitions.

Terms used in this chapter have the meaning given in the Safe Neighborhoods Act. If a term is not defined by the Safe Neighborhoods Act or other relevant general law, then terms used in this chapter have the meaning given in this Code.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)

Sec. 40.4. - Neighborhood Improvement Districts Authorized; Limitations.

(1)

Pursuant to section 163.504(1), Florida Statutes, Council hereby authorizes the formation of neighborhood improvement districts through the following method:

(a)

Local government neighborhood improvement districts may be created pursuant to section 163.506, Florida Statutes.

(2)

In addition to the requirements of the Safe Neighborhoods Act, the Uniform Special District Accountability Act of 1989, and other general, special, and local laws, neighborhood improvements districts may be created only in accordance with the requirements of this article.

(3)

As dependent special districts, neighborhood improvement districts may require significant administrative and professional support from the City. The purpose of this part is to limit the number of neighborhood improvement districts within the City of Orlando. Districts may be created pursuant to this article only if one of the following three sets of standards is satisfied:

(a)

Option #1:

(i)

Revenue generated each year by the levy of a single mill on taxable real property within the proposed district would equal or exceed $200,000.00.

(ii)

The proposed district would contain at least 50 parcels of real property.

(iii)

The proposed district would contain at least 100 acres of real property.

(iv)

More than 75 percent of the land area within the proposed district, excluding land used for public facilities, is used for nonresidential purposes.

(b)

Option #2 - The exploratory committee created pursuant to section 40.5 of this Code considers, and the Council finds:

(i)

The district would be financially feasible with respect to its operations and goals based on future revenues.

(ii)

The district would be of appropriate size to support and justify the creation and maintenance of such district.

(iii)

The district's land composition would be appropriate and consistent with the goals of such district.

(c)

Option #3:

(i)

The district is coterminous with a Council-approved Orlando Main Street area. If a district ceases to be an Orlando Main Street area or if the Orlando Main Street area ceases to be coterminous with the district, then the neighborhood improvement district shall be dissolved unless it meets one of the other two options of this part.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)

Sec. 40.5. - District Formation Procedures.

Before adopting an ordinance creating a neighborhood improvement district, Council must create an exploratory committee for each proposed district and receive a report from the respective committee as described in this section.

Creation of an exploratory committee. Each exploratory committee must be created by resolution of Council. District exploratory committees must have at least three, but no more than five members. Members of the exploratory committee must be either a resident within the proposed district, an owner of real property within the proposed district, an owner, director, or officer of a business located within the proposed district, a representative of one of the foregoing, or a person with some recognizable and concrete stake in the future of the district. Members of the committee must be appointed by the Mayor and approved by Council. The resolution must set a date by which the committee must submit its report to Council. Exploratory committees must conduct their business in accordance with applicable state and local laws. The chief administrative officer shall provide the committee with reasonable administrative support and should, at a minimum, assign members of City staff to act as an executive secretary and as a recording secretary.

Duties of the committee. Each exploratory committee must, at a minimum, undertake the following activities:

(a)

Conduct at least four public meetings, either at City Hall, or within a publically owned and publically accessible hall within the proposed district.

(b)

Conduct at least two public hearings, either at City Hall, or within a publically owned and publically accessible hall within the proposed district. The public hearings must afford the opportunity for affected persons to testify on the proposed district. Notice of the public hearings must be provided in a manner determined by the committee and likely to apprise interested parties of the opportunity to be heard. Testimony and evidence provided by interested parties should be included within the committee's final report to Council.

(c)

Gather or create information, data, maps, plans, studies, and capital improvements plans as necessary to adequately inform Council of the need for a district.

(d)

Produce and issue a report to Council, as described by the section.

Committee report. Each exploratory committee must issue a report to Council that contains, at a minimum, the following information and recommendations:

(a)

Whether a neighborhood improvement district is desirable.

(b)

A description of the goals and purposes of the proposed district.

(c)

Whether the City's Growth Management Plan must be amended to accommodate the establishment of the district.

(d)

The district's proposed boundaries as required by section 163.506(1)(a), Florida Statutes.

(e)

The district's proposed size as required by section 163.506(1)(a), Florida Statutes.

(f)

The district's proposed name as required by section 163.506(1)(a), Florida Statutes.

(g)

The proposed composition of the advisory council to the board of directors as required by section 163.506(1)(a), Florida Statutes.

(h)

Which if the powers authorized by section 163.514, Florida Statutes, and not otherwise prohibited by this article, should be granted or prohibited to the district as required by section 163.506(1)(g), Florida Statutes.

(i)

The proposed duties of the advisory council as required by section 163.506(2), Florida Statutes.

(j)

The composition of the district's board of directors as required by section 163.506(3), Florida Statutes.

Each ordinance creating a neighborhood improvement district shall be codified as an article contained within this chapter.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)

Sec. 40.6. - Powers of Neighborhood Improvement Districts.

Unless prohibited by the ordinance establishing the specific district, all neighborhood improvement districts created pursuant to this article shall have each of the powers identified by section 163.514, Florida Statutes, as may be amended from time to time.

(Ord. No. 2011-3, § 1, 3-28-2011, Doc. #1103281101)

Secs. 40.7—40.10. - Reserved.

ARTICLE II. - DOWNTOWN SOUTH

Sec. 40.11. - Downtown South Neighborhood Improvement District Created.

Pursuant to section 163.506, Florida Statutes, and section 40.4, Orlando City Code, there is hereby created a local government neighborhood improvement district to be known as the "Downtown South Neighborhood Improvement District" (hereinafter referred to as the "district"). The district may adopt and use a different name for branding and marketing purposes.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102)

Sec. 40.12. - Boundaries and Size of the District.

The district is hereby comprised of all land contained within the boundary line described as follows:

A portion of Sections 35 and 36, Township 22 South, Range 29 east and Sections 1 and 2, Township 23 South, Range 29 east.

Said parcel of land being furtherly described as follows:

Begin at the southwest corner of the northwest ¼ of Section 36, Township 22 south, Range 29 east, at the intersection of Gore Street and Orange Avenue thence run easterly along the north line of the southwest ¼ of said Section 36 also being the centerline of Gore Street to the extension of the east line of the west 150 feet of the southwest ¼ of Section 36, thence departing said centerline of Gore Street, run east along said Gore Street; run south along said west 150 feet of the southwest ¼ of Section 36 for 150 feet, thence run east parallel with the north line of the southwest ¼ a distance of 60 feet to the west line of J. N. Bradshaw's Subdivision. According to the plat thereof as recorded in Plat Book G, page 8 of the public records of Orange County, Florida; thence run south along said west line of J.N. Bradshaw's Subdivision to the northwest corner of Lot 16 of said J.N. Bradshaw's Subdivision. Thence run east to the northeast corner of said Lot 16, thence run south to the southeast corner of said Lot 16, thence run west to the southwest corner of said Lot 16, thence run south along said west line of J.N. Bradshaw's Subdivision to the centerline of Annie Street, a 50-foot wide right-of-way, thence run southwesterly along the centerline of said Annie Street to a point on the extension of the west line of Lot 3, Block B, Copeland Terrace, according to the plat thereof as recorded in Plat Book M, page 62 of the public records of Orange County, Florida, thence departing said centerline of Annie Street, continue along the west line of said Lot 3 to the centerline of Waverly Place, thence run westerly along said centerline of Waverly Place to the extension of the west line of Lot 4 of Block A, of said Copeland Terrace, thence run southerly along said west line of Lot 4 to the southwest corner of said Lot 4; thence run southeasterly along the extension of the south line of Lot 1, Block A, of said Copeland Terrace to the edge of water of Lake Copeland at its current state, thence run southerly along said edge of water of Lake Copeland to the north line and extension thereof of Lot 1; Block A, Copeland Park, according to the plat thereof as recorded in Plat Book K, page 46 of the public records of Orange County, Florida; thence run westerly along the north line of said Lot 1 to the northwest corner of said Lot 1, thence run southerly along the westerly line of said Lot 1 to the centerline of E. Copeland Drive, thence run southeasterly along the centerline of said E. Copeland Drive to point of the extension of the westerly line of Lot 3, Block B of said Copeland Park; thence departing east Copeland Terrace, run southwesterly along said westerly line of Lot 3 and the extension thereof toward the south line of Lot 14 of said Block B to a point that is the intersection of said west line of Lot 3 and the west line of Lot 11 both of said Block B, Copeland Park; thence run south to and along the west line of said Lot 11, Block B, to the centerline of Fernwood Street; thence run easterly along the centerline of said Fernwood Street to a point at the intersection of the extension of the west line of Lot 3, Block C of said Copeland Park; thence departing said Fernwood Street, run southerly along the west line of said Lot 3, Block C to the southwest corner of said Lot 3 also being the northeastern corner of Lot 10 of said Block C, thence run northeasterly along said Lot 10, Block C to the northernmost corner of said Lot 10, Block C, thence run southwesterly along the western line of said Lot 10 to the northerly right-of-way line of Wisteria Avenue, thence run southwesterly along said northerly right-of-way line of Wisteria Avenue to the east right-of-way line of State Road 527, Orange Avenue, thence departing said northerly right-of-way line of Wisteria Avenue run south along said east right-of-way line of State Road 527, Orange Avenue, to the south right-of-way line of E. Miller Street, thence departing said east right-of-way line of State Road 527, Orange Avenue, run east along said south right-of-way line of E. Miller Street to the northeast corner of Lot 1, J.C. Howell's Addition to Orlando, according to the plat thereof as recorded in Plat Book F, page 104 of the public records of Orange County, Florida; thence departing E. Miller Street, run south along the east line of Lots 1 through 4 of said J.C. Howell's Addition to Orlando, to the southeast corner of said Lot 4, also being the northwest corner of Lot 10 of said J.C. Howell's Addition to Orlando, also being the northeast corner of Lot 1, Pizza Hut No. 26, according to the plat thereof as recorded in Plat Book 18, page 96 of the public records of Orange County, Florida; thence run east along said north line of Lot 10, of J.C. Howell's Addition to Orlando, to the northeast corner of said Lot 10 and a point on the west right-of-way line of Howell Place; thence run south along the east line of said Lot 10 to the southeast corner of Lot 8, of said J.C. Howell's Addition to Orlando, also being on the north line of Jno. W. Burke's Subdivision, according to the plat thereof as recorded in Miscellaneous Book 4, page 139 of the Public Records of Orange County, Florida; thence run east along said north line of Jno. W. Burke's Subdivision to the west line of Lot 4, of said Jno. W. Burke's Subdivision, thence run south along said west line of Lot 4 to a point that is 80 feet north of and parallel with the north line of Lot 1, Jacob A. Hollenbeck's Subdivision, according to the plat thereof as recorded in Plat Book G, page 12 of the public records of Orange County, Florida; thence departing the west line of said Lot 4, run west to a point that is 715 feet north of and 150 feet west of the southwest corner of Lot 3, of said Jno. W. Burke's Subdivision, said point lying in said Lot 3, said point being 15 feet east of the northwest corner of Lot 1, replat of Jno. W. Burke's Subdivision, according to the plat thereof as recorded in plat book 28, page 30, of the Public Records of Orange County, Florida; thence run south 80 feet; 15 feet east of and parallel with the east line of said Lot 1, replat of Jno. W. Burke's Subdivision, to a point that is 635 feet north and 150 feet east of the southwest corner of said Lot 3, Jno. W. Burke's Subdivision, thence continue south to the centerline of E. Hollenbeck Street, thence run west along said centerline of E. Hollenbeck Street to the extension of the east line of Lot 13, Block B, of aforesaid Jacob A. Hollenbeck's Subdivision, thence departing the centerline of said E. Hollenbeck Street, run south along the east line of Lots 14-24 of said Block B, Jacob A. Hollenbeck's Subdivision, to the centerline of E. Kaley Street, thence run east along the centerline of said E. Kaley Street to the extension of the east line of Lot 1, Orange & Kaley Commercial, according to the plat thereof as recorded in Plat Book 36, page 40 of the Public Records of Orange County, Florida; thence departing the centerline of E. Kaley Street run to the northeast corner of said Lot 1, Orange & Kaley Commercial, thence continue along said east line of Lot 1 to a point 10 feet north of the southeast corner of said Lot 1, Orange & Kaley Commercial, thence run east 55 feet to the west line of the east 55 feet of the west 275 feet of the north 150 feet of Lot 9, of aforesaid Jno. W. Burke's Subdivision, thence run south 10 feet to the southeast corner of said east 55 feet of the west 275 feet of the north 150 feet of Lot 9, thence run east 55 feet along the south line of said east 55 feet of the west 275 feet of the north 150 feet of Lot 9, thence run south along the west line of the east 100 feet of the south 165 feet of the north 330 feet of the west 375 feet of said Lot 9 to the centerline of E. Esther Street, thence run west along the centerline of said E. Esther Street to the intersection of E. Esther Street and the unnamed alley lying between Lot 11 and Lot 10, Block B, Replat Dixie Highlands, according to the plat thereof as recorded in Plat Book P, page 52 of the Public Records of Orange County, Florida; thence departing the centerline of said E. Esther Street run south along the centerline of said unnamed alley to the centerline of E. Harding Street, thence run east along the centerline of E. Harding Street to the northerly extension of Lot 1, Newton Corner, according to the plat thereof as recorded in Plat Book 52, page 145 of the Public Records of Orange County, Florida; thence departing E. Harding Street, run south along the east line of said Lot 1, Newton Corner to the centerline of E. Muriel Street, thence run west along the centerline of E. Muriel Street to the extension of the east line of Lot 11, Block B, Myrtle Heights, according to the plat thereof as recorded in Plat Book E, page 94 of the Public Records of Orange County, Florida; thence departing said centerline of E. Muriel Street run south along Lots 11 through 16 of said Block B, Myrtle Heights to the centerline of E. Grant Street, thence run east along the centerline of said Grant Street to the northerly extension of the east line of Lot 1, Orange & Page, according to the plat thereof as recorded in Plat Book 73, page 27 of the Public Records of Orange County, Florida; thence departing said centerline of Grant Street run south along said east line of Lot 1 to the centerline of Page Avenue, thence run east along the centerline of Page Avenue to the extension of the east line of Lot 8, Block C, Page Subdivision, according to the plat thereof as recorded in Plat Book J, page 19 of the public records of Orange County, Florida; thence departing said centerline of Page Avenue run south along the east line of Lots 8 and 14, of said Block C, page Subdivision, to the centerline of E. Crystal Lake Street, thence run west along the centerline of said E. Crystal Lake Street to the northerly extension of the east line of Lot 1, Shoppes of Orange, according to the plat thereof as recorded in Plat Book 79, page 103 of the Public Records of Orange County, Florida; thence departing from the centerline of said E. Crystal Lake Street run south along the east line of said Lot 1, Shoppes of Orange to the southernmost line of said Lot 1; thence run along the southernmost line of said Lot 1 to the southeast corner of said Lot 1, thence run east across Bethaway Avenue to a point that is 21 feet north of the southwest corner of Lot 19, Block B, Bethaway Subdivision, according to the plat thereof as recorded in Plat Book O, page 22 of the Public Records of Orange County, Florida; thence run east parallel with and 21 feet north of the south line of Lot 19 and Lot 13, of said Block B, Bethaway Subdivision to the southeast corner of said Lot 13, Block B, thence continue east to the centerline of Center Avenue, thence run north along the centerline of Center Avenue to the projection of the south line of Lot 12, Block B, Pickett Terrace, according to the plat thereof as recorded in Plat Book N, page 77 of the Public Records of Orange County, Florida; thence departing said Center Avenue, run east along the south line of Lots 12 through 1 of said Block B, Pickett Terrace to the southeast corner of said Lot 1, Block B, Pickett Terrace, thence run southeasterly to the southwest corner of Lot 50, Delaney Highlands, according to the plat thereof as recorded in Plat Book O, page 114 of the public records of Orange County, Florida; thence run east along the south line of Lot 50 to the southeast corner of said Lot 50, thence run north along the east line of said Lot 50 to the southwest corner of Lot 47, of said Delaney Highlands, thence run east along the south line of Lots 47 through 44 to the southeast corner of Lot 44, of said Delaney Highlands, thence run north along the east line of said Lot 44 a distance of 10 feet, thence departing said east line of Lot 44 run east and 10 feet parallel with the south line of Lot 43, of said Delaney Highlands to the west line of Lot 42, of said Delaney Highlands, thence run south 10 feet along said west line of Lot 42 to the southwest corner of said Lot 42, thence run east along the south line of Lots 42 through 39 of said Delaney Highlands to the southeast corner of said Lot 39, Delaney Highlands, thence continue east to the centerline of S. Osceola Avenue, thence run south along the centerline of said S. Osceola Avenue to the centerline of E. Michigan Street, thence departing the centerline of said S. Osceola Avenue and said E. Michigan Street run southeast to the east right-of-way line of S. Osceola Avenue at the south right-of-way line of E. Michigan Street, thence run south along the east right-of-way line of S. Osceola Avenue to the northwest corner of Lot 3, Block C, Betty-Jo Subdivision, according to the plat thereof as recorded in Plat Book R, page 26 of the public records of Orange County, Florida; thence run southwest to the intersection of the centerline of S. Osceola Avenue and the centerline of E. Compton Street, thence run west along the centerline of E. Compton Street to the northerly extension of the west line of Lot 2, Block B, Cadmanor, according to the plat thereof as recorded in Plat Book O, page 37, thence departing E. Compton Street, run south to the southwest corner of said Lot 2, Cadmanor, thence run west 10 feet along the north line of Lot 21, of said Block B, Cadmanor, thence run south and parallel with the east line of Lot 21 for a distance of 60 feet, thence run east a distance of 10 feet to the east line of Lot 21; thence run south to the centerline of Illiana Street, thence run east along the centerline of Illiana Street to the northerly extension of the west line of Lot 1, Stevens Subdivision, according to the plat thereof as recorded in Plat Book 16, page 14, thence departing Illiana Street, run south to the southwest corner of Lot 2, of said Stevens Subdivision; thence run west along the north line of Key Center South Condo, according to the survey shown on Condominium Book 2, page 55 of the public records of Orange County, Florida to the centerline of Delaney Avenue; thence run south along the centerline of Delaney Avenue to the intersection of the centerline of S. Osceola Avenue, also being the centerline of E. Pineloch Avenue, thence departing said centerline of Delaney Avenue, run west along the centerline of W. Pineloch Avenue to the northerly extension of the east right-of-way line of Sylvan Avenue, thence departing said centerline of E. Pineloch Avenue run north to the north right-of-way line of said E. Pineloch Avenue, thence run west along the north right-of-way line of E. Pineloch Avenue to the centerline of S. Orange Avenue; thence south to the centerline of aforesaid E. Pineloch Avenue; thence run west along said centerline to a point being the southerly projection of the east line of Lot 3, Southern Warehousing and Distribution, LTD. a replat of a portion of Lot 18, Jno. W. Burke's Subdivision according to the plat thereof as recorded in Plat Book 31, page 18 of the public records of Orange County, Florida; thence run along the said east line of Lot 3 to the northeast corner of said Lot 3; thence run west to the southwest corner of Lot 1, George Greemore's Subdivision, according to the plat thereof as recorded in Plat Book G, page 79 of the public records of Orange County, Florida; then continue west along the south line of Lot 7, of said George Greemore's Subdivision 15 feet, thence departing the south line of said Lot 7 run north and parallel 15 feet to the west line of aforesaid Lot 1, George Greemore's Subdivision 114 feet, thence run east to the northwest corner of said Lot 1, George Greemore's Subdivision; thence continue running east along the north line of said lot 1 to a point being 51 feet west of the southeast corner of Lot 3, said George Greemore's Subdivision; thence north along a line being west of and parallel with the west line of the east 51 feet of said Lot 3 to the south right-of-way line of W. Illiana Street; thence north to a point on the north right-of-way line of W. Illiana Street; also being the southeast corner of Lot 25, Dixie Heights according to the plat thereof as recorded in Plat Book J, page 37 of the public records of Orange County, Florida; thence north along the east line of Lots 25 thru 28 to the northeast corner of said Lot 28; Thence westerly along the north line of said Lot 28 to the northwest corner of Lot 28; thence continue westerly to the centerline of Taylor Avenue; thence run north along said centerline to a point of intersection with the easterly extension of the south line of a parcel described as a portion of Lot 15 of aforesaid Jno. W. Burkes and recorded in Miscellaneous Book 4, page 135 of the public records of Orange County; being the south line of the north 475 feet and the east 91.5 feet of said Lot 15 less the north 15 feet thereof the east 8 feet thereof of said Lot 15, the departing the said south line of described portion of Lot 15 to the west line of described portion, thence run north along the west line of said described portion to the north right-of-way line of W. Compton Avenue thence run westerly along said north right-of-way line to the southeast corner of Lot 18, Block B, Carlton Terrace according to the plat thereof as recorded in Plat Book O, page 38 of the public records of Orange County, Florida; thence departing said W. Compton Avenue run northerly along the east line of said Lot 18 to the northeast corner of said Lot 18; thence run west along the north line of said Lot 18 to the northwest corner of said Lot 18; thence run south along the west line of said Lot 18 to a point on a line being 10 feet south of and parallel with the north line of said Lot 18; thence departing said west line, run west along a line being the south line of the north 10 feet of said Lot 17 to a point on the east line of Lot 16; Thence north along said east line, 10 feet to the northeast corner of said Lot 16; thence run west along the north line of said Lot 16, to the northwest corner of said Lot 16; thence run south along the west line of said Lot 16, to the north right-of-way line of W. Compton Avenue; thence run west along said north right-of-way line and the westerly extension thereof to the centerline of Joseph Street; thence northerly along said centerline to a point of extension of the south line of 150 West Michigan Street, a portion of Block A, Carlton Terrace, according to the plat thereof as recorded in Plat Book O, page 38, 215 feet +/- south of the south right-of-way line of Michigan Street; thence run west along the south line of said 150 West Michigan to the west right-of-way line of the CSX Railroad right-of-way, lying west and adjacent to Block A of said Carlton Terrace, thence run northerly along the said centerline of the CSX Railroad right-of-way to the intersection of the east line of the southeast ¼ of the Southeast ¼ of the Section 2, Township 23 South, Range 29 East, thence run south along said east line, also being the centerline of Wadsworth Avenue a distance of 250 feet to a point 427.5 feet south of the northwest corner of the southeast ¼ of the southeast ¼ of said Section 2, thence run west 164.5 feet, thence run north 180 feet thence run west to the east right-of-way line of Sunrise Court, also being the southwest corner of Bailey Taylor Subdivision, according to the plat thereof as recorded in Plat Book 54, page 6, the run north along the said east right-of-way line of Sunrise Court and the west line of Lot 1, of said Bailey Taylor Subdivision to a point in line with the southeast corner of Lot 2, Sapphire Professional Office Complex, according to the plat thereof as recorded in Plat Book 72, page 103 of the public records of Orange County, Florida; thence departing said east right-of-way line and said west line of Lot 1 run west along the south line of said Lot 2 to the southwest corner of said Lot 2, thence run north along the west line of said Lot 2 to the southeast corner of Lot 1 Sapphire Professional Office Complex; thence westerly along the south line of said Lot 1 and the westerly extension thereof to the west right-of-way of Lake Holden Terrace; thence run southeasterly along the west right-of-way line of Lake Holden Terrace to the point of intersection with the west right of line of Lake Holden Terrace and the south line of the west 15 feet of the north 264 feet of the southwest ¼ of the southeast ¼ of Section 2, Range 23 South, Range 29 East, as referenced in Orange County Commission Minute Book 68, page 588 in the official records of Orange County, Florida, thence run west to the southeast corner of said west 15 feet of the north 264 feet of the southwest ¼ of the southeast ¼ of Section 2, thence run north along the east line of the said west 15 feet of the north 264 feet of the southwest ¼ of the southeast ¼ of Section 2 to the south right-of-way line of 29th Street, thence run along the south line of 29th Street to the centerline of Michigan Street (County Road 428); thence run westerly along the said centerline to the easterly right-of-way line of Interstate 4 (State Road 400); thence run northeasterly along the said easterly right-of-way line of Interstate 4 to the intersection with the centerline of Gore Street; thence easterly along the centerline of Gore Street to the point of beginning.

Figure 40.12-1 graphically depicts the jurisdictional boundary of the district. In the case of a conflict between the legal description by metes and bounds provided by this section and Figure 40.12-1 the legal description by metes and bounds shall control. The district boundary contains approximately 517 acres of land.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102; Ord. No. 2014-6, § 1, 2-24-2014, Doc. #1402241205; Ord. No. 2014-31, § 1, 9-15-2014, Doc. #1409151202)

Sec. 40.13. - Grants.

Pursuant to section 163.506(b), Florida Statutes, the district is hereby authorized to receive grants of any kind from the Florida Department of Legal Affairs. The district is also hereby authorized to seek and receive grants from other sources if approved by the board of directors.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102)

Sec. 40.14. - Ad Valorem Tax and Special Assessments.

(1)

Subject to approval by referendum, and pursuant to section 163.506(c), Florida Statutes, the district may levy an ad valorem tax on real and personal property of up to two mills annually. The referendum required by this section shall be as provided by ordinance.

(2)

Pursuant to section 163.506(d), Florida Statutes, the district is hereby authorized to make and collect special assessments in accordance with section 163.514(16), Florida Statutes.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102)

Sec. 40.15. - Board of Directors.

Pursuant to section 163.506(e), Florida Statutes, the Orlando City Council is hereby designated as the board of directors for the district. The presiding officer of the Orlando City Council shall be the presiding officer of the board of directors and the board shall conduct its business according to the rules of order of the Orlando City Council.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102)

Sec. 40.16. - Advisory Council.

(1)

Established. Pursuant to section 163.506(f), Florida Statutes, there is hereby established an advisory council to the board of directors. The advisory council shall be known as the "Downtown South Neighborhood Improvement District Advisory Council."

(2)

Membership. The advisory council shall consist of five members. Each member must own property in the district, represent a corporate owner of property within the district, or reside in the district. Members must be nominated and appointed to the advisory council pursuant to Article XV, Chapter 2, Orlando City Code. At least one member of the advisory council must be a representative of Orlando Health, at least one other member must be an owner of land within the district that is designated for industrial use on the City's future land use map or a representative of an owner of such land designated for industrial use, and at least one other member must be a board member of the City's SoDo District Main Street program. The board member from the City's SoDo District Main Street program may not serve as chair of the advisory board unless elected as provided by the by-laws of the district. In the event that a board member of the City's SoDo District Main Street program is not available to serve on the advisory council, then this seat must be filled by an owner of land, or a representative of a corporate owner of land, abutting Orange Avenue that is designated as a mixed use corridor or activity center on the City's future land use map and that is utilized for retail or commercial use.

(3)

Meetings. Regular meetings of the advisory council may be held no more than once per calendar month. The council is responsible for scheduling regular meetings and should issue a schedule of the regular meetings for the forthcoming calendar year by November 1 of each year. Special meetings may be called by the chair of the council.

(4)

Rules of order. The advisory council shall conduct its business according to the rules of order before boards and commissions as adopted by the Orlando City Council. The advisory council may adopt and use supplemental rules of order that are not inconsistent with the rules of order before boards and commissions as adopted by the Orlando City Council.

(5)

Responsibilities. The primary responsibility of the advisory council is to assist the board of directors in governing the affairs of the district. Pursuant to section 163.506(2), Florida Statutes, the advisory council shall perform such duties as may be prescribed by the board of directors and shall submit within the time period specified by the board of directors, a report on the district's activities and a proposed budget to accomplish the district's objectives. In formulating a plan for services or improvements the advisory council shall consult in public session with the appropriate staff or consultants of the City and district. The duties assigned to the advisory council shall be set forth in by-laws adopted by the board of directors.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102; Ord. No. 2016-98, § 1, 1-23-2017, Doc. #17012311202)

Sec. 40.17. - District Staff.

The district may contract with the City for the provision of professional services or may hire its own consultants and employees as it deems necessary and proper. Subject to agreement between the district and the City, the City may provide engineering, planning, legal, procurement, and other professional, managerial, and administrative support. The city clerk or designee shall be the secretary of the board of directors and the city attorney shall be the board's attorney.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102; Ord. No. 2016-98, § 2, 1-23-2017, Doc. #17012311202; Ord. No. 2019-38, § 1, 7-22-2019, Doc. #1907221202)

Sec. 40.18. - Neighborhood Improvement Plan.

All plans required by law to be undertaken by the district, and any other plan deemed advisable by the advisory council, shall be compiled in a unified neighborhood improvement plan to be known as the "Downtown South Neighborhood Improvement Plan." The plan shall be prepared by the advisory council, but is subject to review and approval by the board of directors. All amendments to the adopted plan are likewise subject to review and approval by the board of directors. The advisory council should regularly review the plan and should propose amendments thereto whenever it deems appropriate. All expenditures of district funds must be consistent with the neighborhood improvement plan.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102)

Sec. 40.19. - Powers of the District.

The district shall have all powers authorized by section 163.514, Florida Statutes, and all other powers provided by law.

(Ord. No. 2011-28, § 1, 7-25-2011, Doc. #1107251102)

Secs. 40.20—40.29. - Reserved.

Sec. 39.94. - Issue, Reissue, Transfer, Revocation of License; Right of Appeal. Chapter 41 - FALSE ALARMS