Chapter 55 - DOWNTOWN INVESTMENT AUTHORITY

Sec. 53.205. - Sunset Provision. Chapter 56 - BUILDING CODES ADJUSTMENT BOARD Chapter 55 - DOWNTOWN INVESTMENT AUTHORITY[1]

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Editor's note— Ord. 2012-212-E, §§ 2, 3, amended the Code by repealing former Ch. 55, §§ 55.101—55.108, and adding a new Ch. 55. Former Ch. 55 pertained to similar subject matter, and derived from Ord. 2011-732-E, § 24. Subsequently, Ord. 2016-140-E, § 14, amended the title of Ch. 55.

PART 1. - DOWNTOWN INVESTMENT AUTHORITY[2]

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Editor's note— Ord. 2016-140-E, § 12, amended the Code by repealing former Pts. 1 and 2, §§ 55.101, 55.102, 55.201 and 55.203—55.205. Former Pt. 1 pertained to the Office of Economic Development, and derived from Ord. 2012-212-E. Former Pt. 2 pertained to functions and activities of the Office of Economic Development, and derived from Ord. 2012-212-E, Ord. 2012-364-E, Ord. 2013-209-E, Ord. 2014-289-E, and Ord. 2014-560-E. Ord. 2016-140-E, § 14, renumbered former Pt. 3, §§ 55.301—55.315 as a new Pt. 1, §§ 55.101—55.115

Sec. 55.101. - Downtown Investment Authority Act.

This act shall be known and may be cited as the "Downtown Investment Authority Act" or "Act."

(Ord. 2012-364-E, § 2; Ord. 2016-140-E, § 14)

Sec. 55.102. - Legislative Intent.

It is the intent of the City in enacting this law to provide a single, comprehensive organizational structure for the Authority and a single, comprehensive method of addressing downtown redevelopment.

(Ord. 2012-364-E, § 2; Ord. 2016-140-E, § 14)

Sec. 55.103. - Legislative Findings.

The City finds that the activities and functions of the Authority are related to community development, redevelopment and investment, and are not concerned with political or governmental-service purposes. For these reasons the Authority (as defined in Section 55.106, Ordinance Code) is denied police powers, except to the extent exercised in its zoning-related role with respect to the Downtown Development Review Board.

(Ord. 2012-364-E, § 2; Ord. 2016-140-E, § 14)

Sec. 55.104. - Downtown Investment Authority Established.

There is hereby created and established the Downtown Investment Authority ("DIA"), which Authority shall have all the powers provided herein. The DIA shall be the sole development and community redevelopment agency for Downtown, as defined by Section 55.105, Ordinance Code, for the City of Jacksonville pursuant to F.S. Ch. 163, Pt. III, as amended, and shall also act, within the boundaries of the Downtown Area, as the public economic development agency as defined in F.S. § 288.075, assigned to promote the general business interests in Downtown.

(Ord. 2012-364-E, § 2; Ord. 2014-560-E, § 11; Ord. 2016-140-E, § 14)

Sec. 55.105. - Boundaries of Jacksonville Downtown Area.

For purposes of this Chapter, the Jacksonville downtown area, shall consist of the Southside Community Redevelopment Area, approved by Ordinances 80-1346-703, 80-1347-704, and 2000-1078-E, and the Downtown Northbank Community Redevelopment Area approved by Resolution 81-424-194, Ordinance 81-562-240, and 2000-1078-E, as codified in Sections 500.115(b) and (c), Ordinance Code.

(Ord. 2012-364-E, § 2; Ord. 2016-140-E, § 14; Ord. 2023-716-E, § 1)

Sec. 55.106. - Definitions.

The following terms shall have the meaning ascribed to them in this Chapter unless the context shall clearly require otherwise:

(a)

Authority means the Downtown Investment Authority ("DIA").

(b)

Board means the governing body of the DIA selected as herein provided.

(c)

Bonds means any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures, and other financial obligation instruments.

(d)

Business Investment and Development Plan or BID Plan means the plan approved by Council pursuant to Ordinance 2022-372-E, and as updated from time to time, which plan includes: (i) specific and measurable goals, objectives, and performance for the successful development of Downtown; (ii) specific Projects and Programs for revitalization of Downtown and the authority to create new additional Projects and Programs in furtherance of the BID Plan goals; (iii) long-range plans designed to halt or prevent deterioration of Downtown property values; and (iv) a community redevelopment plan for the Southside Community Redevelopment Area and the Downtown Northbank Community Redevelopment Area that:

(1)

Meets the requirements of F.S. Ch. 163, Pt. III;

(2)

Conforms to the comprehensive plan for the City;

(3)

Meets the requirements of Chapter 55, Part 1, Ordinance Code; and

(4)

Is sufficiently complete to indicate the land acquisition, demolition, and removal of structures, investment, development, redevelopment, improvements, and re-habilitation proposed to be carried out in the Downtown; zoning and planning changes, if any; land uses; maximum densities; building requirements; and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

(e)

CEO means the chief executive officer of the Authority selected by the Board as herein provided.

(f)

City means the consolidated City of Jacksonville.

(g)

Cost when used with reference to any project, includes all costs that would be allowable properly for payment by the issuance of tax-exempt bonds.

(h)

Council means the City Council for the consolidated City of Jacksonville.

(i)

CRA Projects and CRA Programs means those projects and programs located within the boundaries of the Jacksonville Downtown Area, as described in Section 55.105 (Boundaries of Jacksonville Downtown Area), Ordinance Code, administered by the DIA in their capacity as the sole community redevelopment agency for Downtown, which projects and programs further the approved CRA Plan, utilize funding, if any, approved in the applicable CRA budget, and which shall conform to the requirements of F.S. Ch. 163, Pt III.

(j)

DDRB means the Downtown Development Review Board established pursuant to Chapter 656, Part 3, Subpart H.

(k)

Downtown means the lands described in Section 55.105, Ordinance Code.

(l)

Downtown Design Guidelines means the Design Guidelines as defined in Chapter 656 (Zoning Code), Part 3 (Schedule of District Regulations), Subpart H (Downtown Overlay Zone and Downtown District Use and Form Regulations), Sections 656.361.1 (Purpose and Intent) and 656.361.6.1.B (Guidelines), Ordinance Code, which may be amended from time to time by the DIA with the guidance of the DDRB.

(m)

Downtown Projects and Programs means projects and programs located within the boundaries of the Jacksonville Downtown Area, as described in Section 55.105 (Boundaries of Jacksonville Downtown Area), Ordinance Code, administered by the DIA in their capacity as the public economic development agency which projects and programs further the goals identified in the BID Plan and utilize funding, if any, approved in the Downtown Economic Development Fund budget or DIA annual budget.

(n)

Obligee shall include any bondholder, agents, or trustees for any bondholders, or lessor demising to the Authority property used in connection with a redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the City.

(o)

Person means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.

(p)

Program shall mean any loan, grant, incentive, activity or initiative established by the DIA in accordance with the BID Plan in their capacity as either the community redevelopment agency or the public economic development agency for Downtown and funded by City Council appropriation.

(q)

Project means any development, improvement, property, utility, development or redevelopment facility, road, sidewalk, enterprise, service, or convenience, including, without limitation, buildings, parking structures, public transportation facilities, services, and parks, now existing or hereafter undertaken or established, that under the provisions of this Act the Authority or any person or public body on behalf of the Authority is authorized to construct, acquire, undertake, or furnish for its own use or for the use of any other person, firm, or corporation owning, leasing, or otherwise using the same, for any profit or nonprofit purpose or activity, and shall include, without limitation, such repairs, replacements, additions, extensions, and betterments of and to any project as may be deemed necessary or desirable by the Board to place or to maintain such project in proper condition for the safe, efficient, and economic operation thereof.

(r)

Public body means the federal government, the State of Florida or any county, municipality, board, commission, agency, authority, special district, department, or any other subdivision or public body of the State of Florida or the United States of America or any agency, authority or instrumentality, corporation, or otherwise of the United States of America (collectively, the "Federal Government").

(s)

Public facility means any street, park, parking lot, playground, right-of-way, structure, waterway, bridge, lake, pond, canal, utility lines or pipes, and building, including access routes to any of the foregoing, designed and dedicated to use by the public generally, or used by any public agency with or without charge, whether or not the same is revenue producing. Public facilities shall also include publicly owned restaurants, food halls, pedestrian malls, historical buildings or monuments, and cultural, educational, and recreational facilities.

(t)

Real property shall include lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right, and use, legal or equitable, therein including terms for years and liens by way of judgment, mortgage, or otherwise.

(u)

Trust Fund means the Southside CRA Trust Fund or the Northbank Downtown CRA Trust Fund established in Section 111.640, Ordinance Code.

To the extent not defined in this Section, the definitions utilized in F.S. § 163.340 (Definitions), shall be applicable to all terms used in this Section.

(Ord. 2012-364-E, § 2; Ord. 2014-560-E, § 11; Ord. 2016-140-E, § 14; Ord. 2019-196-E, § 3; Ord. 2020-695-E, § 5; Ord. 2023-716-E, § 1)

Sec. 55.107. - Downtown investment authority board.

(a)

Establishment. There is hereby established a Board to be known as the Downtown Investment Authority Board (hereinafter known as the "DIA Board" or "Board") to act as a governing body for the Downtown Investment Authority.

(b)

Board membership; term of office and appointment; removal; vacancies; office-holding.

(1)

Board membership. The Board shall consist of nine members, five to be appointed by the Mayor and confirmed by Council and four to be appointed by the Council President and confirmed by Council. Of the four appointed by Council, one shall be a resident or have substantial business interests in the Southbank CRA; and one shall be a resident or have substantial business interests in the Northbank CRA. Of the five to be appointed by the Mayor one shall be a resident or have substantial business interests in the Southbank CRA; and one shall be a resident or have substantial business in the Northbank CRA. The remaining five members shall fulfill one of the following categories without duplication: downtown resident (a minimum of two years); a downtown retail operator; a downtown real property owner, a member of the banking or finance industry, a person with business management expertise, a practicing attorney, a person with commercial real estate experience, an architect, or an urban planner. The Board Members requiring downtown affiliation shall mean downtown as defined by Section 656.361.2, Ordinance Code, as may be amended from time to time. Notwithstanding anything contained herein to the contrary, in the event that a Board Member's category changes for any reason during their term, said Board Member shall continue to be a qualified Board Member for purposes of their category for the duration of their term so long as they continue to meet one of the other listed qualifying categories set forth herein. Said Board Member shall, immediately upon or prior to such change in qualifying category provide written notice stating the change in category (and effective date of same) and identify the listed category with which they will continue to qualify and serve by providing such written notice to: (i) the Chair and the CEO of the DIA; (ii) the Mayor and the Council President; and (iii) the Legislative Services Division (for filing in that Board Member's resolution file). Nothing stated herein shall limit or restrict the removal, vacancy or other qualification requirements as set forth in the Ordinance Code.

(2)

Term of office and appointment. Members shall be appointed for four-year staggered terms, expiring on June 30 of the subject term. Of the initial appointments, three members shall serve for four-year full first terms, three members shall serve three-year staggered terms, and three members shall serve for two-year staggered terms. No member shall serve for more than two consecutive full terms; but appointments to fill vacancies for partial terms (less than 50 percent of a full term) and initial appointments under the preceding sentence serving a term that is for three or less years shall not be deemed to be full terms.

(3)

Removal. Members shall serve at the pleasure of the Mayor and may be removed at any time by the Mayor with Council approval.

(4)

Vacancy. A Board member's term shall automatically expire and his or her office shall be deemed vacant for purposes of appointment of a new member if, while in office, he or she shall cease to be qualified for membership under the provisions of (b)(1) herein, Chapter 50, Section 55.109, or any other laws or regulations.

(5)

Office-holding. The Board membership shall be considered an office and limited by the office holding provisions as provided for under the Florida Constitution. No Board Member shall be eligible to serve as a member of the Board while holding other office or being an employee of the City. All Board Members shall be required to take an oath of office required by the City Officials and found in Chapter 2 (Oaths), Section 2.101 (Oaths of public officials), Ordinance Code.

(c)

Organization and proceedings.

(1)

Officers. The Mayor shall appoint the initial Chairman of the Board from among its members to serve for a one-year term commencing on July 1. Thereafter, such Chairman shall be appointed by a majority vote of the Board to serve for a one-year term, commencing on July 1 of each year. The Board may appoint other members of its body to serve in other roles and perform such other duties as may be delegated to that person by the Board from time to time.

(2)

Rules of procedure. The Board shall establish rules of procedure necessary to its governing and the conduct of its affairs, consistent with the applicable provisions of the Ordinance Code.

(3)

Meeting. The Board shall hold at least one regular meeting every three months, and such additional meetings as may be needed from time to time. Special meetings may be held when called in the manner provided in the rules of the Board and in accordance with applicable laws. All meetings of the Board shall be open to the public and compliant with the Sunshine Act under F.S. Ch. 286, as amended from time to time.

(4)

Voting; quorum. All decisions and recommendations of the Board shall require a concurring vote of a majority of the members present and voting. A majority of the membership of the Board excluding vacant seats, but no less than four members shall constitute a quorum. Tie votes shall result in the subject agenda item being continued to the next meeting of the Board.

(5)

Administrative support. The Board shall receive staff support from the Office of Economic Development upon request as needed.

(6)

Notice. Notice of meetings shall be posted three business days in advance (1) in writing in the lobby of City Hall, (2) on the City's on-line web calendar located at www.coj.net (3) electronically in a prominent location on the DIA website, and (4) electronically by emailing notice on the "CITYC" emailing system. No other advertisement or notification is required, except as may be required otherwise pursuant to the Ordinance Code or Florida Statutes.

(7)

Compensation. Board members shall serve without compensation, pension or retirement benefits; however they may be reimbursed for travel and other expenses as allowed by the Ordinance Code.

(8)

Compliance. The Board shall be subject to the provisions of Chapter 50, (Organization of Boards and Commissions), Ordinance Code, except as may be otherwise set forth in this Chapter.

(Ord. 2012-364-E, § 2; Ord. 2012-629-E, § 1; Ord. 2014-38-E, § 1; Ord. 2014-560-E, § 11; Ord. 2016-140-E, § 14; Ord. 2025-220-E, § 1; Ord. 2025-236-E, § 1)

Sec. 55.108. - Powers and Duties.

(a)

The Board shall have the following powers and duties, subject to appropriated funds, within Downtown:

(1)

Appoint a Chief Executive Officer ("CEO"), prescribe his or her duties, and fix his or her compensation which shall be paid from funds available to the Authority in the same manner as City employees are paid. Qualifications of the CEO position shall include a minimum of five years of progressively responsible experience in downtown redevelopment or similar capacity, at least four years of which should be in supervisory or consulting roles, or an equivalent combination of training and experience. The candidate must be in possession of a bachelor's degree or higher from an accredited college or university, in a related field such as city planning, real estate, finance, architecture, urban design, or public administration, with a strong preference for a master's degree in a related discipline, all as described in further detail in the DIA CEO Qualifications and Criteria Schedule attached as Revised Exhibit 1 to Ordinance 2012-680-E. Such CEO shall have the authority to, subject to available funding, appoint, employ and/or remove such additional staff as is deemed necessary for the efficient and effective administration of the activities of the office. All employment matters shall be handled in accordance with City Human Resource policies and requirements, and with assistance from the City's Employee Services Department.

(2)

Serve as the City's Community Redevelopment Agency ("CRA") with regard to the Downtown CRA's (Southside Community Redevelopment Area and the Downtown Northbank Community Redevelopment Area), and exercise any powers and authority granted Community Redevelopment Agencies by F.S. Pt. III, Ch. 163, within Downtown, except the DIA shall not:

(i)

Borrow money as authorized by F.S. § 163.370(2)(g), in a principal amount that exceeds, at the time of borrowing, an amount equal to the unallocated balance available in the applicable Trust Fund as determined by the CRA allocation and transfer process set forth in Chapter 106, Part 3, Ordinance Code, otherwise such borrowing shall require Council approval;

(ii)

Have the power to close or vacate streets, roads, sidewalks, ways or other places as set forth in F.S. § 163.370(2)(m), without Council approval;

(iii)

Have the power to zone or rezone or make exceptions from building regulations as set forth in F.S. § 163.370(2)(l), other than as authorized in Chapter 656, Part 3, Subpart H, Ordinance Code and subsection (4) below; and

(iv)

Exercise any power otherwise limited by this Chapter.

(3)

Marketing Activities:

(i)

Develop and implement a marketing plan for Downtown, when acting in their capacity as the public economic development agency for Downtown; and

(ii)

Market redevelopment activities, opportunities and incentives, as well as conduct stakeholder outreach initiatives on CRA Projects and CRA Programs, when acting in their capacity as the community redevelopment agency.

(4)

When acting in their capacity as either the community redevelopment agency or the public economic development agency for Downtown, interpret the BID Plan and, consistent with the goals, plan umbrellas and identified Projects and Programs as contemplated by the BID Plan, create new Projects and Programs as contemplated by the BID Plan, all subject to City Council appropriation of funds therefor and conforming to the permissible use of tax increment funds as to CRA Projects and Programs.

(5)

Hear appeals of the DDRB on all matters other than requests for and exceptions, variances, sign exceptions, and waivers from the Zoning Code, which matters are appealable only to the Council pursuant to Section 656.140, Ordinance Code.

(6)

Promulgate and amend the Downtown Design Guidelines.

(7)

Every five (5) years, the DIA Board shall review the BID Plan. The Board shall have the discretion to either update the BID plan in its entirety, or to update the business investment plan element and the community redevelopment plan element of the BID separately, at different times, subject to City Council approval. The Board shall also have the discretion to either adopt community redevelopment plans for Downtown in its entirety which such plans shall include both a Southside Community Redevelopment Area Plan and a Northbank Downtown Community Redevelopment Area Plan, or to adopt a Southside Community Redevelopment Area Plan and a Northbank Downtown Community Redevelopment Area Plan separately, at different times, subject to City Council approval.

(8)

a.

When acting in their capacity as either the community redevelopment agency or the public economic development agency for Downtown: implement the BID Plan; approve development and redevelopment projects within Downtown; negotiate and grant final approval of Downtown development and redevelopment agreements, and grant agreements, license agreements, and lease agreements, including retail, commercial and ground lease agreements, subject to the DIA's budget for the applicable CRA or the Downtown Economic Development Fund ("Fund"), as defined in Section 55.112, Ordinance Code, and the restrictions thereof, without further action of Council, in furtherance of the BID Plan.

b.

When acting in their capacity as the community redevelopment agency, the Board may approve Recapture Enhanced Value ("REV") Grants of up to 75 percent authorized in accordance with the BID strategy criteria with the 2050 tax year as the final year of eligibility, payable in 2051, without Council approval. The Mayor or his or her designee, is authorized to enter into the applicable development or redevelopment agreements with the DIA and third-party recipients for the purposes of acknowledging the City's payment obligations under a REV Grant when the term of which extends beyond the expiration date of the applicable trust fund, as successor in interest to the DIA.

(9)

a.

When acting in their capacity as the public economic development agency for Downtown, negotiate economic incentive packages for Downtown, and monitor compliance of the same pursuant to the City's approved Public Investment Policy, as may be amended from time to time. Such packages may be approved by the DIA Board, without further Council approval, provided that sufficient funds exist and are currently appropriated within the Fund or the incentive program is self-funding (i.e., a REV Grant). The updated Public Investment Policy dated October 25, 2022 was made operational by Ordinance 2022-726-E, and as amended from time to time, is hereby incorporated into the BID Plan by reference.

b.

When acting in their capacity as either the community redevelopment agency or the public economic development agency for Downtown, negotiate new DIA economic incentive packages as described in the BID Strategy for Projects and Programs contained within the BID Plan without the approval of the City Council, unless otherwise required in the BID Strategy, provided that sufficient funds exist within the appropriate CRA Trust Fund (for CRA Projects and CRA Programs), the Fund (for both Downtown Projects and Programs and CRA Projects and CRA Programs), the DIA's approved budget, or by separate City Council appropriation.

c.

The Authority shall provide semi-annual reports: (i) to Council reflecting the status of compliance with incentive requirements and such reports shall be made available on-line; and (ii) to Council, the Council Finance Committee and the Council Auditor's Office reflecting all incentives approved by the DIA Board, identifying the project, incentive type and funding source, anticipate payout by fiscal year, and authorizing resolution.

d.

Council approval shall be required when the total incentives for a project approved by the Authority, excluding any Recapture Enhanced Value Grant(s), exceed $10,000,000 in the aggregate.

(10)

To negotiate, assign and allocate development rights within the Central Business District, including assigning mobility fee credits pursuant to any applicable mobility fee contract.

(11)

Receive and administer grants from public and private sources in coordination with other City agencies, pursuant to Chapter 117, Ordinance Code.

(12)

Adopt bylaws, rules, resolutions, and orders prescribing the powers, duties, and functions of the officers of the Authority, the conduct of the business of the Authority, and the maintenance of the records, consistent with Florida Statutes and the Ordinance Code.

(13)

Maintain an office at such place or places in any City building as may be designated by the City.

(14)

Approve and execute all contracts and other documents, adopt all proceedings, and perform all acts determined by the Board to be necessary or desirable to carry out the purposes of this Chapter, unless expressly subject to the approval of the City Council. The Board may authorize the CEO to execute contracts and other documents on behalf of the Board. The DIA shall forward executed final copies of all agreements and exhibits electronically to the Office of General Counsel for additional retention.

(15)

Prepare analyses of economic changes taking place within Downtown.

(16)

Study and analyze the impact of metropolitan growth with respect to Downtown.

(17)

Use only the services of the City's General Counsel to advise the Board in the proper performance of its duties. With the approval of the General Counsel, and subject to available funding, employ specialized outside private counsel, as set forth in Chapter 108 (Central Services), Part 5 (Legal Services). All agreements entered into by or on behalf of the Authority shall be prepared, reviewed and approved by the Office of General Counsel as to both form and legality, prior to execution by any party, pursuant to Section 108.505, Ordinance Code.

(18)

When acting in their capacity as the community redevelopment agency, lend, grant, or contribute funds to the City, and enter into agreements with such City agencies or departments regarding the use of such funds.

(19)

When acting in their capacity as the community redevelopment agency, enter into agreements with a Public Body with respect to action to be taken in the exercise of any of the powers granted to the DIA or in furtherance of the objectives of the DIA.

(20)

When acting in their capacity as the community redevelopment agency, acquire and dispose of City owned Downtown property acquired for or intended to be used for community redevelopment purposes in accordance with Chapter 122 (Public Property), Part 4 (Real Property), Subpart C (Community Redevelopment Real Property Dispositions), Ordinance Code.

(21)

When acting in their capacity as the community redevelopment agency, administer and manage the downtown tax increment finances ("TIF") for the Southside CRA via the Southside CRA Trust Fund, and Northbank Downtown CRA via the Northbank Downtown CRA Trust Fund. Said Trust Funds are established in Section 111.640, Ordinance Code. The Northbank Downtown CRA Trust Fund shall maintain two separate accounting records, one for the Downtown East CRA and one for the Northside West CRA, for the purpose of segregating funds required to satisfy outstanding obligations, if any, that were remaining at the time of the merger of the Downtown East CRA and the Northside West CRA pursuant to Ordinance 2000-1078-E and Section 500.114, Ordinance Code.

(22)

When acting in their capacity as either the community redevelopment agency or the public economic development agency for Downtown, receive, dispose of, and bond all authorized revenue. The power to authorize the issuance of bonds shall require Council approval.

(23)

When acting in their capacity as either the community redevelopment agency or the public economic development agency for Downtown, plan and propose Projects and Public facilities within Downtown.

(24)

When acting in their capacity as the community redevelopment agency, establish, operate, lease, and license within Downtown such Public facilities which in the Board's opinion would be feasible and desirable in the implementation of any plan conceived and executed by the Board.

(25)

When acting in their capacity as either the community redevelopment agency or the public economic agency for Downtown, incur all or part of the expense of any Project or Public facility made by the city, state, or Federal Government, or any agency thereof, in exercising powers granted to the Authority, subject to the borrowing limitations set forth in Section 55.108(a)(2), Ordinance Code.

(26)

When acting in their capacity as both the community redevelopment agency and the public economic development agency for Downtown, report to the City Council annually on progress regarding benchmarks contained within the BID Plan. Such report shall be provided on or before submission of a budget request.

(27)

Annually prepare and submit to the City Council a five-year capital improvement plan with its proposed budget, to assist the Council in its review of the budget.

(Ord. 2012-364-E, § 2; Ord. 2012-680-E, § 1; Ord. 2014-560-E, § 11; Ord. 2016-140-E, § 14; Ord. 2016-765-E, § 4; Ord. 2018-555-E, § 1; Ord. 2020-695-E, § 5; Ord. 2022-372-E, § 7; Ord. 2023-716-E, § 1; Ord. 2025-395-E, § 2)

Sec. 55.109. - Compliance with laws, ordinances and regulations.

All Board Members and employees of the Authority shall comply with all applicable laws, ordinances, and regulations, including but not limited to the State of Florida laws on ethics, as applied to a redevelopment agency under F.S. Ch. 163, Pt. III, the Sunshine Law, F.S. Ch. 286, and the Public Records Act, F.S. Ch. 119. The provisions of F.S. Ch. 112, Part III, including §§ 112.311—112.3175 relating to financial disclosure, shall apply to all Board members and the CEO. All Board members and the CEO shall be required to file the limited financial disclosure form (Form 1) as required by F.S. § 112.3145(1)(a)(2)(g). The provisions of Chapter 602 (Jacksonville Ethics Code), Ordinance Code, including but not limited to Section 602.411 (Disqualification of former officers and employees in matters connected with former duties or official responsibilities; disqualification of partners), and Section 602.412 (Prohibited future employment), Ordinance Code, shall be applicable to all Board members, the CEO and any other employees of the Authority.

(Ord. 2012-364-E, § 2; Ord. 2016-140-E, § 14)

Sec. 55.110. - Downtown Development Review Board; Downtown Design Guidelines.

The primary function of Downtown Development Review Board shall be to assist the DIA with the review of all development and redevelopment projects Downtown in accordance with Chapter 656, Part 3, Subpart H. The DIA shall be responsible for the promulgation of the Downtown Design Guidelines and any amendments thereto, and DDRB shall implement the Downtown Design Guidelines, as amended by the DIA. DDRB may present and recommend to the DIA board for approval amendments to the Design Guidelines from time to time and the DIA shall consider such amendments for adoption at a regularly scheduled board meeting.

(Ord. 2014-560-E, § 12; Ord. 2016-140-E, § 14)

Sec. 55.111. - Intra-governmental liaison relationships established.

It is the intent of the Council that certain City departments and offices coordinate regularly with the Authority regarding various City departmental functions affecting Downtown development. In order to enable the Authority to act as the single, comprehensive governing body regarding Downtown development, the following intra-governmental liaison relationships are hereby established between the Authority and the following City departments and offices:

(a)

A liaison relationship with the Director of the Parks, Recreation and Community Services Department pursuant to Chapter 28, Part 2, Ordinance Code, as may be amended, regarding Downtown parks, recreational, and waterfront facilities.

(b)

A liaison relationship with the Director of the Planning Department pursuant to Chapter 30, Part 1, regarding the planning, permitting and development process for Downtown development.

(c)

A liaison relationship with the Director of Public Works Department pursuant to Chapter 32, Part 1, Ordinance Code, as may be amended, regarding the planning, construction and administration of all public works projects located within Downtown.

(d)

A liaison relationship with the Office of Special Events pursuant to Chapter 27, Part 1, Ordinance Code, regarding special events Downtown.

(e)

A liaison relationship with the Economic Development Officer of the Office of Economic Development pursuant to Chapter 26, Part 2, Ordinance Code regarding economic development in the City.

(f)

A liaison relationship with the Jacksonville Waterways Commission regarding waterfront facilities.

(g)

DIA shall annually present to the Rules Committee on effectiveness of inter-department liaison and coordination work.

(Ord. 2014-560-E, § 12; Ord. 2016-140-E, § 14)

Sec. 55.112. - Project and Program Funding; the Downtown Economic Development Fund.

The DIA Board, acting in their capacity as the community redevelopment agency, may fund CRA Projects, CRA Programs, and professional services included in the community redevelopment plan portion of the BID Plan from the applicable CRA Trust Fund. CRA Projects and CRA Programs and Downtown Projects and Programs may be funded by the DIA, acting in their capacity as the public economic development agency for Downtown, from the previously approved Downtown Economic Development Fund budgeted activities, the Authority's approved annual budget or by separate City Council appropriation ordinance. With each request for approval of a Project or Program that requires future funding from the City's General Fund/General Services District (GF/GSD), the DIA shall include a summary of those Projects or Programs approved previously that also require funding from the City's GF/GSD. The summary shall provide each project's return on investment anticipated funding timeline and the amount by fiscal year, including the subject request presented for approval. This DIA funding summary and timeline shall be included as part of the legislative file along with the proposed development agreement of each such request.

(a)

Downtown Economic Development Fund. The Downtown Economic Development Fund ("Fund") shall consist of all donations and contributions of money, including gifts and grants received by the City, for use in furthering the goals of the DIA, as well as funds as may be appropriated from time to time by Council.

(i)

All sums placed into the Fund, which shall include all interest and investment pool earnings earned or accrued thereon, shall be accounted for in a separate account and shall not lapse at the close of any fiscal year but instead shall carry over to the next fiscal year.

(ii)

The DIA shall supervise and administer the Fund for purposes established in the BID Plan, as amended from time to time, for Projects and Programs located within the Downtown. The DIA shall review, approve and administer the Fund consistent with the Council-appropriated budget and no additional approval shall be required from the Council for expenditure of funds in accordance with the Council appropriated budget.

(b)

Contract Authority. Contracts for development and redevelopment in Downtown shall be executed by the Mayor, unless otherwise approved by this Part.

(Ord. 2014-560-E, § 12; Ord. 2016-140-E, § 14; Ord. 2022-218-E, § 1; Ord. 2023-716-E, § 1)

Sec. 55.113. - Approval of budget.

The fiscal year of the Authority shall commence on October 1 of each year and end on the following September 30. The Authority shall prepare and submit its budget to the Mayor in the manner provided in Section 106.204(c), Ordinance Code.

(Ord. 2014-560-E, § 12; Ord. 2016-140-E, § 14; Ord. 2018-555-E, § 1)

Sec. 55.114. - Form Agreements; Redevelopment Agreements.

(a)

The Authority may execute the form agreements approved via Ordinance 2014-560-E with any person or public bodies in accordance with this Part without further Council approval. The Authority may also execute redevelopment agreements, grant agreements, incentive agreements, and use rights such as easements, leases, and licenses, all containing terms approved by the Board, which agreements shall contain the following provisions:

(1)

Public funds shall be kept by the person or public body in a separate bank account for DIA and/or City monitoring purposes;

(2)

The DIA and/or City, including the Council Auditor's Office, shall have the right to access and review all documents and expenditures of a person or public body regarding the agreement;

(3)

Adequate financial records shall be provided to the DIA and/or City by the person or public body;

(4)

With respect to any construction projects, a draw schedule shall be used that ties the funding to the progress of the construction;

(5)

With respect to construction projects, the person or public body shall provide the City with monthly construction reports;

(6)

Indemnity provision in favor of the DIA and the City, subject to the approval of the Office of General Counsel and City Risk Management Division; and

(7)

Such insurance provisions as approved by the City Risk Management Division.

(b)

The Authority may execute cost disbursement agreements on behalf of the City substantially in the form approved by Ordinance 2022-372-E, with such changes as approved by the CEO, the Department of Public Works, the Risk Management Division and the Office of General Counsel, for Capital Improvement Projects then currently identified in the City's Capital Improvement Plan ("CIP") and provided: (i) such agreements shall be subject to a lawful appropriation of funds to the applicable Capital Improvement Project and no additional funds are required; (ii) the applicable developer shall be obligated to cover all cost overruns for the applicable project; and (iii) the Capital Improvement Project will be funded no earlier than the year as set forth in the CIP.

All such agreements may include administrative authority for an extension of the applicable performance schedule for a period of up to six months (unless a greater time frame is subsequently authorized by Council), and shall be prepared, reviewed and approved by the Office of General Counsel as to both form and legality, prior to execution by any party. All agreements related to development projects that include economic incentives or real property dispositions approved by the DIA Board but not recommended for approval by Authority staff shall require Council approval.

(Ord. 2014-560-E, § 12; Ord. 2016-140-E, § 14; Ord. 2022-372-E, § 8)

Sec. 55.115. - Procedures for acquisition and disposition of Downtown Property.

All property acquired and disposed of by the Authority shall be in accordance with the proposed acquisitions and dispositions in the community redevelopment plan element of the BID Plan and the procedures in Chapter 122, Part 4 (Real Property), Subpart C, Ordinance Code. In addition the Authority may, subject to the procedures in Chapter 122, Part 4 (Real Property), Subpart C, Ordinance Code, control the use, negotiate, lease, sell, dedicate, grant, or otherwise dispose of any of the City's Downtown assets and properties managed by the Authority, or any interest therein, including easements and licenses, with or without consideration. The properties managed the Authority shall be pursuant to the list On File with Legislative Services and maintained and held for review by Legislative Services and the Authority. Notwithstanding any provisions to the contrary in Chapter 122, Ordinance Code, the Authority, with the support of the City's Real Estate Division, may obtain appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of redevelopment projects. The Authority is authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and blight. The City's Real Estate Division shall be prohibited from disposing or selling of any real property located within Downtown without first obtaining the Authority's approval.

(Ord. 2014-560-E, § 12; Ord. 2016-140-E, § 14)

Sec. 55.116. - Public Parking.

The Office of Public Parking shall be responsible for all City parking lots and parking garages and for the enforcement of parking laws. To the extent the ordinance code refers to the "Public Parking Officer," for purposes of this Part, such terms shall be defined and shall mean the Downtown CEO or his or her designee. This Office shall further be responsible for the following:

(a)

Administer and operate the City's parking facilities and enforce the parking laws, rules and regulations of the City of Jacksonville and of the State of Florida;

(b)

Management of all downtown City parking facilities including garages, surface lots, and on street parking and proposed discount rates, discount parking programs, and the retail/commercial lease space in Downtown parking garages.

(Ord. 2016-140-E, § 14)

Sec. 55.117. - Direct Contracting with Downtown Vision, Inc.

Subject to the Authority's budget and Board approval, the Board may execute agreements with Downtown Vision, Inc., a Florida not-for-profit corporation, as needed, in an amount not to exceed $100,000 to provide activities, programs, and services Downtown, including, but not limited to:

(a)

Hosting, updating, and maintaining downtown related websites, including but not limited to, Invest Jax Website and Live Downtown Jax Website;

(b)

Performing proactive social media and paid medium marketing campaigns as requested by the Authority on a negotiated fee basis, subject to approval by the Board of such fees;

(c)

Programming in local parks and public spaces located Downtown for downtown residents and employees;

(d)

Programming live music, including food truck or beverage service in select locations, on the Riverwalk on a regular monthly basis throughout the year; and

(e)

Overseeing sponsorships and partnerships related to large downtown events (e.g., Jax River Jams and Holiday events).

The Board shall approve the payment terms of all agreements executed pursuant to this Section. Such payment terms may include a reasonable advance payment and payment terms based on draws, reimbursements, or progress payments. Other City agencies may join and contribute funding to any agreement executed pursuant to this Section. Prior to execution by any party, all such agreements shall be prepared, reviewed and approved by the Office of General Counsel as to both form and legality. Any agreements in excess of $100,000 shall be procured in accordance with Chapter 126, Ordinance Code. DIA shall provide Council with a quarterly report regarding the direct contracting permitted under this Section.

(Ord. 2021-499-E, § 3)

PART 2. - WATER QUALITY COMPENSATORY CREDITS

Sec. 55.201. - Intent.

It is the intent of the City to effectively manage the quantity of stormwater facilities and ponds constructed by developers for downtown development projects. The City desires to offer stormwater facility water quality compensatory credits for sale to developers, or provide such credits to developers as redevelopment agreement incentives, as an alternative solution to meeting the stormwater facility water quality requirements for downtown development projects.

(Ord. 2017-516-E, § 1)

Sec. 55.202. - Definitions.

(a)

CAO shall mean the City's Chief Administrative Officer.

(b)

City Stormwater Permit shall mean the St. Johns River Water Management District Permit No. 18269-1, as may be amended.

(c)

Downtown Investment Authority or "DIA" shall mean the board established pursuant Section 55.104, Ordinance Code.

(d)

Development project shall mean a development project located in the downtown area.

(e)

Director shall mean the Director of the Public Works Department.

(f)

Downtown area shall mean the land boundaries of the Jacksonville downtown area defined in Section 55.105, Ordinance Code.

(g)

Water Quality Compensatory Credit(s) or Credit(s) shall mean intangible property interest being sold, or transferred as an incentive pursuant to a redevelopment agreement, by the DIA pursuant to this Section that represents a certain portion of the City's surplus stormwater facility water quality compensatory credits under the City Stormwater Permit.

(h)

Water Quality Compensatory Credit Ledger or Ledger shall mean the ledger to be maintained by the Director and updated regularly as needed to document all Credit transfers made by the City pursuant to this Section.

(Ord. 2017-516-E, § 1)

Sec. 55.203. - Authority.

The DIA is authorized to sell Water Quality Compensatory Credits to a developer for a fee for use in a development project, or provide such credits to a developer as an incentive pursuant to a redevelopment agreement under Chapter 55, Part 1, Ordinance Code, in accordance with the requirements of this Part and subject to the prior approval of the CAO and the Director.

(Ord. 2017-516-E, § 1)

Sec. 55.204. - Credit Application Process.

A developer seeking to obtain Water Quality Compensatory Credits for a development project pursuant to this Part, shall submit a written request to the DIA Chief Executive Officer. Such request shall contain at a minimum the following information and such other information as required by the DIA Chief Executive Officer and the Director:

(1)

Name and contact information, including address, phone number, fax number and email, for the Developer;

(2)

Location and brief description of the development project;

(3)

Certified copy of the engineering plans for the development project;

(4)

Name and contact information, including address, phone number, fax number and email, for the engineer of record; and

(5)

Number of Water Quality Compensatory Credits requested by the developer to meet the stormwater facility water quality requirements for the development project.

Upon receipt of a written request from a developer, the DIA Chief Executive Officer shall forward such request to the Director for review and to determine the Credit fee pursuant to Section 55.205, Ordinance Code. At such time that the Director has determined the Water Quality Compensatory Credit fees for the development project, the Director or designee shall notify the DIA Chief Executive Officer and the developer of the fees. If based on the fees the developer agrees to consummate the Credit sale, the DIA Chief Executive Officer shall proceed with obtaining the necessary approvals from the CAO, the Director and the DIA Board. In no event shall the City transfer Water Quality Compensatory Credits to a developer until the developer has (i) executed an agreement under Section 55.207 below and paid the City for such Credits (i.e., Credit sale); or (ii) complied with the terms of an executed redevelopment agreement regarding such Credits (i.e., Credit incentive).

(Ord. 2017-516-E, § 1)

Sec. 55.205. - Credit Fees.

A developer shall pay a fee for each Credit sold pursuant to this Part. Such fee shall be determined by the Director based on the design costs, construction and inspection costs, and the ongoing operation and maintenance costs necessary to construct and maintain a stormwater facility or pond for the development project.

(Ord. 2017-516-E, § 1)

Sec. 55.206. - Proceeds from Credit Sale.

Proceeds from the sale of Water Quality Compensatory Credits pursuant to this Part shall be deposited into the Stormwater Services Capital Projects Fund in a project account designated for Stormwater Capital and Maintenance Projects that benefit the downtown area in improving water quality and helping the City earn Basin Management Action Plan (BMAP) credits. The appropriation of these funds shall require City Council approval.

(Ord. 2017-516-E, § 1)

Sec. 55.207. - Agreement Terms.

Prior to or contemporaneously with the transfer of Water Quality Compensatory Credits pursuant to this Part, a developer shall agree via a separate agreement or redevelopment agreement in a City approved form to:

(1)

Adhere to the terms and conditions of the City Stormwater Permit;

(2)

Adhere to the terms and conditions of the Downtown Development Area Master Permit;

(3)

Provide for an option for the City to buy back the credits sold if they are not used within five years at the original price they were sold to the developer; and

(4)

Adhere to any other terms as determined by the Public Works Director to protect the City's interests under the City Stormwater Permit.

(Ord. 2017-516-E, § 1)

Sec. 55.208. - Coordination; Credit Ledger.

The Director, or designee, shall be responsible for keeping and maintaining the Water Quality Compensatory Credit Ledger. The Ledger shall contain information regarding the transaction history and relevant details for all Credit transfers pursuant to this Part, including, but not limited to, the number of Credits transferred, the project name, the developer name, the Credit fee per transfer, and the balance of Credits remaining under the City Stormwater Permit.

(Ord. 2017-516-E, § 1)

Sec. 55.209. - Credits to run with the land; Transferability; Development Project Changes.

Water Quality Compensatory Credits transferred pursuant to this Part shall run with and be appurtenant to the development project land. A developer may assign or transfer Credits obtained pursuant to this Part in connection with the sale, assignment or transfer of the development project land. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development decreases, a developer shall not be entitled to receive a Credit reduction or Credit refund payment from the City. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development increases, any appurtenant Credits to the development project land shall be used to meet the Credit requirements necessary for such changed development project.

(Ord. 2017-516-E, § 1)

PART 3. - DOWNTOWN PRESERVATION AND REVITALIZATION PROGRAM

Sec. 55.301. - Intent.

The intent of the Downtown Preservation and Revitalization Program ("DPRP") is to foster the preservation and revitalization of unoccupied, underutilized, and/or deteriorating historic, and qualified non-historic, buildings located in downtown Jacksonville. The DPRP is designed to serve historic projects applying for in excess of $100,000, and non-historic code compliance projects.

(Ord. 2020-527-E, § 1)

Sec. 55.302. - Authority.

The DIA is authorized to develop and administer the DPRP pursuant to this Part 3, Ordinance Code, and its BID Plan and in furtherance of the adopted community redevelopment area goals, including but not limited to:

1.

Redevelopment Goal No. 1: Reinforce Downtown as the City's unique epicenter for business, history, culture, education, and entertainment.

2.

Redevelopment Goal No. 2: Increase rental and owner-occupied housing downtown, targeting key demographic groups seeking a more urban lifestyle.

(Ord. 2020-527-E, § 1)

Sec. 55.303. - Downtown Preservation and Revitalization Program.

In administering the DPRP, the DIA shall follow the Downtown Preservation and Revitalization Program Guidelines ("DPRP Guidelines"). All projects must be located within the DIA boundary area and comply with the general program requirements and other requirements as set forth in the DPRP Guidelines. As further detailed in the DPRP Guidelines, the DPRP has three general components for which funding will be considered:

1.

Historic Preservation Restoration and Rehabilitation Forgivable Loan ("HPRR Forgivable Loan");

2.

Code Compliance Renovations Forgivable Loan ("CCR Forgivable Loan"); and

3.

Downtown Preservation and Revitalization Program Deferred Principal Loan (DPRP Deferred Principal Loan).

The DPRP program will be administered in the form of a forgivable loan or loans and each project will require City Council approval. All funds will be disbursed upon completion of improvements subject to cost verification and other approvals as specified in the DPRP Guidelines.

(Ord. 2020-527-E, § 1)

PART 4. - DIA-LEASED PARKING GARAGES

Sec. 55.401. - Definitions.

As used in this Part 4:

(a)

Sports Complex Garage is the DIA-leased garage located on a portion of Blocks 34 and 47 East Jacksonville as recorded in Deed Book Q at page 664 together with a portion of the former Church Street right-of-way, together with appurtenant easements, together now identified as tax parcel 130876-0100, having a street address of 500 A Philip Randolph Boulevard, and bounded on the south by Duval Street East and on the east by A Philip Randolph Boulevard, and on the west and north by City owned property identified as tax parcel 130876-0000.

(b)

Arena Garage is the DIA-leased garage located on a portion of Block 63, East Jacksonville as recorded in Deed Book Q at page 664 now identified as tax parcel 130876-1200, having a street address of 999 Adams Street E, and bounded on the south by Adams Street East and on the east by A Philip Randolph Boulevard, and on the west and north by City owned property identified as tax parcel 130876-1000.

(c)

Courthouse Garage is the DIA-leased parking garage located on Block 52 of Hart's Map of Jacksonville, identified as tax parcel number 073812-0000 and bounded on the north by Adams Street West, on the west by Clay Street, on the south by Forsyth Street West and on the east by Pearl Street North, having a street address of 116 Pearl Street North.

(d)

Leased Garages shall mean, collectively, the Sports Complex Garage, Arena Garage, and the Courthouse Garage.

(Ord. 2022-138-E, § 8)

Sec. 55.402. - Parking rates at Leased Garages.

Parking hourly and daily rates for the Leased Garages shall be as established by the DIA Board. Special event rates and longer term parking sublease rates may be approved by the DIA Board on a case by case basis.

(Ord. 2022-138-E, § 8)

Sec. 55.403 - Subleases of Leased Garages.

The CEO of the DIA is authorized to negotiate sublease agreement terms for retail and commercial space located in the Leased Garages. Upon the mutual agreement of the CEO of the DIA and the applicable lessee, the CEO of the DIA, subject to the review and approval of the Office of General Counsel and the Risk Management Division, is authorized to enter into on behalf of the DIA sublease agreements for the use of retail, commercial, and parking spaces within the Leased Garages.

(Ord. 2022-138-E, § 8)

Sec. 55.404. - Repair and Maintenance of Leased Garages.

The DIA shall be responsible for the repair and maintenance of the Leased Garages to a standard at least equal to City-owned garages in the Downtown area. All such maintenance and repairs to the Leased Garages undertaken by the DIA shall be ineligible to be included within the City's Capital Improvement Plan.

(Ord. 2022-138-E, § 8)

Sec. 53.205. - Sunset Provision. Chapter 56 - BUILDING CODES ADJUSTMENT BOARD