Chapter 501 - JACKSONVILLE ENTERPRISE ZONE

Sec. 500.116. - Contract Execution Authority. Chapter 518 - JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE Chapter 501 - JACKSONVILLE ENTERPRISE ZONE

Sec. 501.101. - Findings.

(a)

The City has adopted Resolution 94-493-117, Resolution 95-325-94, and Resolution 95-326-95 and has enacted Ordinance 95-317-213 (collectively, the "Enterprise Zone Legislation") all of which have resulted in official State designation of Jacksonville Enterprise Zone EZ-1601 (the "Enterprise Zone") on June 21, 1995, creation of the City's Enterprise Zone Development Agency, and approval and adoption of a Strategic Plan for the Enterprise Zone, all pursuant to and as provided in F.S. Ch. 290.

(b)

The alleviation of the conditions found in the Enterprise Zone Legislation to exist in the Enterprise Zone is hereby found to constitute a paramount public purpose of the City.

It is necessary and desirable to specifically provide for the inducement of public and private sector investment in the Enterprise Zone by making available financing assistance for the construction, acquisition or rehabilitation of public and private business projects which are consistent with the Strategic Plan and found to further its paramount public purpose.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.102. - Creation of an Enterprise Zone Development Agency.

(a)

Council hereby creates a public body corporate and politic to be known as "Enterprise Zone Development Agency."

(b)

Prior to applying for or receiving (via a Federal Empowerment Zone or Enterprise Community Designation) a State Enterprise Zone designation, an applicant must create an Enterprise Zone Development Agency.

(c)

Each such Agency shall be instituted as a public instrumentality and the exercise by an Enterprise Zone Development Agency of the powers conferred by F.S. Ch. 290, shall be deemed and held to be the performance of an essential public function.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.103. - Creation of an Enterprise Zone Development Agency Board.

Council hereby creates an Enterprise Zone Development Agency, which shall consist of not fewer than eight or more than 13 Commissioners.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.104. - Composition of the Enterprise Zone Development Agency Board.

(a)

Council hereby creates an Enterprise Zone Development Agency whose membership shall be at least one representative from each of the following:

(1)

The local Chamber of Commerce;

(2)

Local financial or insurance entities;

(3)

The businesses operating within the area;

(4)

The residents residing within the area;

(5)

Nonprofit community based organizations operating within the area;

(6)

The Private Industry Council;

(7)

The local code enforcement agency; and

(8)

The law enforcement agency.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.105. - Terms of office, vacancies and importance of minority representation.

(a)

The term of office of the Commissioners shall be for four years, except that, in making the initial appointments, Council shall appoint two members for terms of three years, two members for term of two years, and one member for a term of one year; the remaining initial members shall serve for terms of four years.

(b)

A vacancy occurring during a term shall be filled for the unexpired term.

(c)

The importance of minority representation in the agency shall be considered in making appointments so that the Agency generally reflects the gender and ethnic composition of the community as a whole.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.106. - Compensation for services, successors and Certificate of Appointments.

(a)

A Commissioner shall receive no compensation for his or her services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of his or her duties.

(b)

Each Commissioner shall hold office until a successor has been appointed and has qualified.

(c)

A Certificate of the Appointment or Reappointment of any Commissioner shall be filed with the Secretary of the Council, and the Certificate is conclusive evidence of the due and proper appointment of the Commissioner.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.107. - Statements of parliamentary procedure.

The powers of the Agency shall be exercised by the Commissioners. A majority of the Commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the Agency and for all other purposes. Action may be taken by the Agency upon a vote of a majority of the Commissioners present, unless in any case the bylaws require a larger number.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.108. - Appointment of the Chair, Agency staffing, et al.

(a)

Council shall initially designate a Chair and Vice Chair from among the Commissioners.

(b)

Administrative and housekeeping services shall be supplied by the Jacksonville Economic Development Commission.

(c)

Legal services as the Agency requires shall be provided by the Office of General Counsel of the City.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.109. - Filing reports.

The Agency shall file with the council, on or before March 31 of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of such fiscal year. At the time of filing the report, the Agency shall publish in a newspaper of general circulation, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website), in the community a notice to the effect that such a report has been filed with the City and that the report is available for inspection during business hours in the Office of the Secretary of the Council and in the office of the Agency.

(Ord. No. 2001-1099-E, § 2; Ord. 2023-187-E, § 11)

Sec. 501.110. - Appropriation of operating expenses.

At any time after the creation of the Agency, Council may appropriate to the Agency such amount as Council deems necessary for the administrative expenses and overhead of the Agency.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.111. - Removal of Commissioners.

Council may remove a Commissioner for inefficiency, neglect of duties, or misconduct in office only after a hearing and only if the Commissioner has been given a copy of the charges at least ten (10) days prior to the hearing and has had an opportunity to be heard in person or by counsel.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.112. - Powers, duties and responsibilities of the Agency.

The Agency shall have the following powers and responsibilities:

(a)

To assist in the development and implementation of the strategic plan.

(b)

To oversee and monitor the implementation of the strategic plan. The Agency shall make quarterly reports to Council, evaluating the progress in implementing the strategic plan.

(c)

To identify and recommend to Council ways to remove regulatory barriers.

(d)

To identify to Council the financial needs of, and local resources or assistance available to, eligible business in the zone.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.113. - Powers and responsibilities of City Council.

The following powers and responsibilities shall be performed by Council acting as the managing agent of the Enterprise Zone Development Agency, or, contingent upon approval by Council, such powers and responsibilities shall be performed by the Agency:

(a)

To review, process, and certify application for State enterprise zone tax incentives pursuant to F.S. §§ 212.08(5)(g), 212.05(5)(h), 212.08(15), 212.096, 220.181, and 220.182.

(b)

To provide assistance to businesses and residents within the enterprise zone.

(c)

To promote the development of the enterprise zone, including preparing, purchasing, and distributing by mail or other means of advertising, literature and other material concerning the enterprise zone and enterprise zone incentives, particularly as provided by Exhibit 1 to Ordinance 95-317-213.

(d)

To borrow money and apply for accept advances, loans; grants, contributions, and any other form of financial assistance from the federal government or the State, County, or other public body or from any sources, public or private, for the purposes of this act, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government for or with respect to the development of the enterprise zone and related activities such conditions imposed pursuant to federal laws as Council deems reasonable and appropriate which are not inconsistent with the purposes of this Section.

(e)

To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this act.

(f)

To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this Chapter.

(g)

To procure insurance or require bond against any loss in connection with its property in such amount and from such insurers as may be necessary or desirable.

(h)

To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized by F.S. Ch. 290.

(i)

To purchase, sell, or hold stock, evidences of indebtedness, and other capital participation instruments.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.114. - Investing in community investment corporations.

(a)

Contingent upon approval by Council, the Agency may invest in community investment corporations which conduct, or agree to conduct, loan guarantee programs assisting minority business enterprises located in the enterprise zone. In making such investments, the Agency shall first attempt to invest in existing community corporations providing services in the enterprise zone. Such investments shall be made under conditions required by law and as the Agency may require, including, but not limited to:

(1)

The funds invested by the Agency shall be used to provide loan guarantees to individuals for minority business enterprises located in the enterprise zone.

(2)

The community investment corporation may not approve any application for a loan guarantee unless the person applying for the loan guarantee shows that he or she has applied for the loan or loan guarantee through normal banking channels and that the loan or loan guarantee has been refused by at least one bank or other financial institution.

(b)

Prior to December 1st of each year, the Agency shall submit to the Office of Tourism, Trade, and Economic Development, a complete and detailed written report setting forth:

(1)

Its operations and accomplishments during the fiscal year.

(2)

The accomplishments and progress concerning the implementation of the Strategic Plan.

(3)

The number and type of businesses assisted by the Agency during the fiscal year.

(4)

The number of jobs created within the Enterprise Zone during the fiscal year.

(5)

The usage and revenue impact of State and local incentives granted during the calendar year.

(6)

Any other information required by the Office of Tourism, Trade, and Economic Development.

(Ord. No. 2001-1099-E, § 2)

Sec. 501.115. - Specific Council powers.

(a)

In furtherance of the paramount public purposes of this Chapter 501, the Council shall have the following specific powers, as well as all other powers necessary or convenient to carry out and effectuate such paramount public purposes:

(1)

To make and execute financing agreements, contracts, deeds, and other instruments necessary or convenient in the exercise of the powers and functions of the City under this Part, including contracts with persons, firms, corporations, federal and State agencies, to facilitate the revitalization of any enterprise in the Enterprise Zone through concerted efforts of government and the private sector, including the financing, acquisition, construction, leasing, or sale of any project;

(2)

To acquire any property or portion thereof by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of, any property, real or personal, improved or unimproved, for the construction, operation or maintenance of any project.

(3)

To provide for demolition and removal of buildings and other improvements.

(4)

To provide for the installation, construction, or reconstruction of streets, utilities, parks, playgrounds, parking facilities and other public improvements necessary for carrying out in the Enterprise Zone the objectives of the Enterprise Zone in accordance with the Strategic Plan.

(5)

To effect the sale, lease, exchange, transfer or other disposition of any real or personal property in the Enterprise Zone for less than fair market value for uses in accordance with the Strategic Plan.

(6)

To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with the Strategic Plan.

(7)

To pledge or assign to secure revenue bonds any money, rents, charges, fees, or other revenues and any proceeds derived from public and private development and sales of property, insurance, and condemnation awards or otherwise received under financing agreements;

(8)

To issue revenue bonds of the City to finance all or any part of the cost of any project as described in this Chapter, payable from (i) revenues derived from sale, operation or leasing of any project or other payments received under financing agreements or other sources described in Section 501.115(a)(7) above, or (ii) any other legally available non-ad valorem revenues of the City, or (iii) any combination of the foregoing;

(9)

To construct, acquire, own, repair, maintain, extend, improve, rehabilitate, renovate, furnish, and equip projects and to pay all or any part of the costs thereof from the proceeds of bonds or other indebtedness of the City or from any contribution, gift, donation, or other funds made available to the City for such purpose or from any tax revenues (subject to annual appropriation) or any legally available non-ad valorem funds of the City;

(10)

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, other public body and from any other sources, public or private, for the purposes of the Enterprise Zone, including projects and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government for or with respect to Enterprise Zone activities such conditions imposed pursuant to federal laws as the City deems reasonable and appropriate.

(b)

As used in this Chapter, the following terms have the meanings set forth herein:

(1)

Cost, as applied to any project, shall embrace:

(A)

The cost of construction, renovation or rehabilitation;

(B)

The cost of acquisition of property, including rights in land and other property, both real and personal and improved and unimproved;

(C)

The cost of demolishing, removing, or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved or relocated;

(D)

The cost of all machinery and equipment, financing charges, interest prior to and during construction, and, for a reasonable period after completion of construction, the cost of engineering and architectural surveys, plans, and specifications; and

(E)

The cost of consultant and legal services, other expenses necessary or incident to determining the feasibility or practicability of constructing such project, administrative and other expenses necessary or incident to the construction, renovation or rehabilitation of such project, and the financing of the construction renovation or rehabilitation thereof, including reimbursement to the City, to any State or other governmental agency or any lessee of such project for such expenditures made with the approval of the City that would be costs of the project hereunder had they been made directly by the City.

(2)

Financing agreement means any lease, lease-purchase agreement, lease with an option to purchase, sale or installment sale agreement, whether title passes in whole or in part at any time prior to, at, or after completion of the project, loan agreement, or other agreement forming the basis for financing indebtedness under this Chapter, including any agreements, guarantees, or security instruments forming part of or related to providing assurance of payment of indebtedness under such financing agreement.

(3)

Project means any capital project in furtherance of the purpose of the Enterprise Zone, located within the Enterprise Zone and found by the Council to be in furtherance of the Strategic Plan including residential development and office, health care, commercial and industrial activities related thereto, any rehabilitation, improvement, renovation or enlargement of, or any addition to, any buildings or structures, and including also the sites thereof and other rights in land therefor whether improved or reimproved, machinery, equipment, site preparation and landscaping, and all appurtenances and public facilities incidental thereto, such as utilities, roads, parks, playgrounds, or parking facilities.

(Ord. No. 2001-1099-E, § 2)

Sec. 500.116. - Contract Execution Authority. Chapter 518 - JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE