Sec. 111.535. - Fair Share Specific Projects Special Revenue Fund.

(a) There is hereby created the Fair Share Specific Projects Special Revenue Fund which shall consist of the following accounts: (1) Pablo Creek-Atlantic Highlands. All funds received by the City in connection with the Fair Share Assessment Contract approved by Resolution 2003-74-A, for a project to be known as "Pablo Creek Marina PUD: Harbortown at Pablo Creek" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for the design and construction of the improvements identified in Exhibits C-1, C-2, and C-3, to the Fair Share Assessment Contract and for other expenditures consistent with Part 3, Chapter 655 , Ordinance Code. (2) Waterleaf South (CCAS/CRC #36930). All funds received by the City in connection with the Fair Share Assessment Contract approved by Resolution 2004-1005-A, for a project to be known as "Waterleaf South" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for the design and construction of improvements on Kernan Boulevard only. The Council finds that improvements to Kernan Boulevard will address the impacts to the impacted link identified in the Waterleaf South Fair Share Assessment Contract approved by Resolution 2004-1005-A. (3) Beach Boulevard Venture/Meditierra (CCAS/CRC #38634 and #39529). All funds received by the City pursuant to Fair Share Assessment Contracts approved by Resolutions 2005-275-A and 2005-499-A, for a project to be known as "Meditierra PUD" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for the design, permitting, and construction of a four lane urban section roadway extending from Kernan Boulevard to Beach Boulevard and Hodges Boulevard, as more specifically shown on the approved Planned Unit Development site plan adopted pursuant to Ordinance 2005-128-E ("Beach/Kernan/Hodges Roadway"). The City may add the Beach/Kernan/Hodges Roadway to the CIP, designating the design, permitting, and construction as being funded by the Fair Share Assessment Contracts identified herein. Once the Beach/Kernan/Hodges Roadway is completed and accepted by the City, then any remaining funds in this account shall be automatically appropriated for the design, permitting, and construction of improvements to the impacted link of Kernan Boulevard (Link 405) identified in the Fair Share Assessment Contracts referenced herein. (4) Wynnfield Lakes (CCAS/CRC #28286). All funds received by the City in connection with the Fair Share Assessment Contract approved by Resolution 2004-654-A, for a project to be known as "Wynnfield Lakes" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for the design and construction of improvements on Kernan Boulevard only. The Council finds that improvements to Kernan Boulevard will address the impacts to the links identified in the Wynnfield Lakes Fair Share Assessment Contract approved by Resolution 2004-654-A. (5) Southwest Beach and Kernan Multi-family (CCAS/CRC #39516). All funds received by the City in connection with the Fair Share Assessment Contracts approved by Resolution 2005-428-A ("Contract"), for a project to be known as "Southwest Beach and Kernan Multi-family" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for the design and construction of improvements on Kernan Boulevard. The Council finds that improvements to Kernan Boulevard will address the impacts to the links identified in the Southwest Beach and Kernan Multi-family Fair Share Assessment Contract approved by Resolution 2005-428-A. (6) Atlantic West PUD (CCAS/CRC #38922). All funds received by the City in connection with the Fair Share Assessment Contract approved by Ordinance 2005-722-E, for a project to be known as "Atlantic West PUD" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for the design and construction of improvements on Kernan Boulevard only. The Council finds that improvements to Kernan Boulevard will address the impacts to the links identified in the Atlantic West PUD Fair Share Assessment Contract approved by Ordinance 2005-722-E. (7) Losco Road Subdivision (CCAS/CRC #43535). All funds received by the City in connection with the Fair Share Assessment Contract approved by Ordinance 2006-514-E, for a project to be known as "Losco Road Subdivision" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for improvements to the intersection of I-295 and Old St. Augustine Road, which include the expansion of Old St. Augustine Road from Greenland Road to Losco Road from four lanes to six lanes and the rebuilding of the on and off ramps connecting I-295 and Old St. Augustine Road. The Council finds that these improvements to the intersection of I-295 and Old St. Augustine Road will address the impacts to the links identified in the Losco Road Subdivision Fair Share Assessment Contract approved by Ordinance 2006-514-E. (8) Walkers Bluff (CCAS/CRC #44986). All funds received by the City in connection with the Fair Share Assessment Contract approved by Ordinance 2006-763-E, for a project to be known as "Walkers Bluff" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for improvements on Chaffee Road, between Normandy Boulevard (SR 228) and the intersection of Chaffee Road and Crystal Springs Road. The Council finds that these improvements to Chaffee Road will address the impacts to the links identified in the Walkers Bluff Fair Share Assessment Contract approved by Ordinance 2006-763-E. (9) CDA Hodges and Beach (CCAS #32386). All funds received by the City in connection with the Fair Share Assessment Contract approved by Resolution 2003-772-A, for a project to be known as "CDA Hodges and Beach" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for improvements identified in the contract or those identified in the Beach Boulevard at Hodges Boulevard Retail Developments Traffic Study. (10) Pablo Creek West (CCAS #32094). All funds received by the City in connection with the Fair Share Assessment Contract approved by Resolution 2004-658-A, for a project to be known as "Pablo Creek West" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for improvements identified in the contract or those identified in the Beach Boulevard at Hodges Boulevard Retail Developments Traffic Study. (11) Atlantic Mini Storage Alta Drive (CCAS #35477). All funds received by the City in connection with the Fair Share Assessment Contract approved by Ordinance 2006-881-E, for a project to be known as "Atlantic Mini Storage Alta Drive" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for improvements along Alta Road and Dunn's Creek Crossing as identified in the contract. (12) Duval Station Office Park (CCAS/CRC #44937). All funds received by the City in connection with the Fair Share Assessment Contract approved by Ordinance 2006-862-E, for a project to be known as "Duval Station Office Park" shall be deposited into this account. All sums placed into this account, including any accumulated interest, are automatically appropriated for improvements to Duval Station Road. The Council finds that improvements to Duval Station Road will address the impacts to the links identified in the Duval Station Office Park Fair Share Assessment Contract approved by Ordinance 2006-862-E. Editor's note— Ord. 2006-862-E, § 2, amended the Code by adding a new subsection 111.535(a)(10). In order to avoid duplication of subsection numbers, the editor has redesignated the new subsection 111.535(a)(12) at the direction of the City. (13) University of North Florida Campus Development Agreement (CCAS/CRC #45686). All funds received by the City in connection with the Fair Share Assessment in the Campus Development Agreement ("Agreement") approved by Ordinance 2006-457-E, including the $3,050,940 already deposited into the account by the University of North Florida, and any subsequent amount due in connection with any amendment to the Agreement, shall be deposited into this account. Any sums placed into this account, including any accumulated interest, are to be fully used for the cost of a transportation improvement that addresses off-campus transportation deficiencies identified as a result of the updated UNF Campus Master Plan extending from 2015—2025, and the accompanying traffic analysis. The City Council must find that this transportation improvement corrects off-campus transportation deficiencies identified in the Agreement as being created or contributed by the development at UNF identified by the Agreement, as well as any additional deficiencies, if any, identified by the updated UNF Campus Master Plan extending from 2015—2025 and its accompanying traffic analysis. (b) Funds deposited into this special revenue fund shall be placed and accounted for in separate interest bearing accounts as listed in subsection (a). Each separate interest bearing account shall retain its own interest. The funds shall be automatically appropriated into the specific accounts listed in subsection (a) and said appropriations shall not lapse at the close of any fiscal year, but instead shall carry over to the next fiscal year. (c) For work performed by the fair share assessment contract applicant, disbursements from the accounts listed in subsection (a) for payments relating to the design, permitting, engineering, or construction of the improvements specified in the corresponding Fair Share Assessment Contract shall only be made upon receipt of draw requests and/or invoices documenting the reasonableness of the expenses incurred for the improvements, as approved by the Chief of Engineering for the Department of Public Works. All requests for disbursement shall be contemporaneously reviewed by the Director of the Planning and Development for approval to ensure compliance with the terms of the Fair Share Assessment Contract and to confirm the calculation of credits against required fair share contributions. Approval of disbursement requests shall not be unreasonably withheld, and a written decision approving or denying a request for disbursement shall be made within 15 days of receipt thereof. The Director of Finance and Administration, or his designee, is authorized and directed to make disbursements from the accounts listed in subsection (a) for the purposes described therein, upon the written requisition of the Director of Planning and Development. (d) Sunset provisions. Upon completion of the improvements required pursuant to a Fair Share Assessment Contract and final disbursement of funds from the corresponding account listed in subsection (a), the Director of the Planning and Development Department shall certify the completion of the Fair Share Assessment Contract to the Department of Finance and Administration, Accounting Division. After such certification, any funds remaining in any account, including any accumulated interest, shall be moved and automatically appropriated to the Sector account in the Fair Share Sector Areas Transportation Improvements Special Revenue Fund identified in the above referenced certification of completion. Additionally, after certification of completion is received by the Department of Finance and Administration, Accounting Division, the account listed in subsection (a) for the corresponding Fair Share Assessment Contract shall terminate at the end of the fiscal year in which the certification was received. Notwithstanding the terms of this subsection, the Director of the Planning and Development Department shall certify the status of all Fair Share Assessment Contracts with corresponding accounts listed in subsection (a) to the Department of Finance and Administration, Accounting Division, every five years from the effective date of this subsection. (1) If the fair share assessment amount required to be paid pursuant to a Fair Share Assessment Contract and deposited into an account in subsection (a) exceeds the cost of completing all improvements described in the Fair Share Assessment Contract, then, upon final certification of the costs associated with the completed improvements and final acceptance of the improvements by the Director of Public Works, any funds remaining in the account, including any accumulated interest, shall be moved and automatically appropriated to the Sector account in the Fair Share Sector Areas Transportation Improvements Special Revenue Fund identified in the above referenced certification of completion. (2) If the fair share assessment amount required to be paid pursuant to a Fair Share Assessment Contract is less than the cost of completing all of the improvements, then, upon final certification of the costs associated with one or more of the improvements which may be completed with the funds, and final acceptance of such improvement(s) by the Director of Public Works, any funds remaining in the account, including any accumulated interest, shall be moved and automatically appropriated to the Sector account in the Fair Share Sector Areas Transportation Improvements Special Revenue Fund identified in the above referenced certification of completion. (Ord. 2004-587-E, § 1; Ord. 2005-90-E, § 1; Ord. 2005-500-E, § 1; Ord. 2005-519-E, § 1; Ord. 2005-722-E, § 2; Ord. 2005-771-E, § 1; Ord. 2006-514-E, § 2; Ord. 2005-952-E, § 2; Ord. 2006-422-E, § 101; Ord. 2006-763-E, § 2; Ord. 2006-862-E, § 2; Ord. 2006-880-E, § 1; Ord. 2006-881-E, § 2; Ord. 2016-140-E , § 16; Ord. 2015-284-E , § 2) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. Note— Former § 110.398.1.