Amended & Adopted 5/26/15
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Introduced by the Council President at the request of the Mayor and
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amended by the Finance Committee:
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RESOLUTION 2015-332-A
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A
RESOLUTION
MAKING
CERTAIN
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APPROVING AND AUTHORIZING THE EXECUTION OF AN
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ECONOMIC
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CITY OF JACKSONVILLE
DEVELOPMENT
VISION
FINDINGS,
AGREEMENT
AND
BETWEEN
THE
(“CITY”) AND JOHNSON &
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JOHNSON
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SUPPORT
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OPERATIONS
IN
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“PROJECT”);
AUTHORIZING
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VALUE (REV) GRANT OF $7,100,000; APPROVING AND
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AUTHORIZING
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MAYOR
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APPROVAL
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EXECUTIVE DIRECTOR OF THE OED; PROVIDING FOR
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CITY
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EXECUTION
OF
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AFFIRMING
THE
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PUBLIC INVESTMENT POLICY ADOPTED BY RESOLUTION
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2006-119-A AS AMENDED BY ORDINANCE 2012-213-E
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REQUESTING
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COUNCIL
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DATE.
THE
AND
CARE,
INC.
EXPANSION
OF
THE
JACKSONVILLE,
EXECUTION
OF
A
OF
CORPORATION
BY
PROJECT’S
READING
3.305;
DOCUMENTS
OED;
AGREEMENT
TWO
RECAPTURE
BY
PROVIDING
ENHANCED
BY
THE
BY
THE
TIMELINE
THE
COMPLIANCE
PASSAGE
(THE
AUTHORIZING
AMENDMENTS
THE
TO
COMPANY’S
FLORIDA
SECRETARY;
TECHNICAL
OVERSIGHT
RULE
(“COMPANY”),
FOR
COMPANY;
WITH
THE
PURSUANT
AN
TO
EFFECTIVE
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WHEREAS, Johnson & Johnson Vision Care, Inc. (the “Company”)
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has committed to create 100 permanent full-time equivalent new jobs
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in Jacksonville, with an average salary, exclusive of benefits, of
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approximately
$60,000
per
annum
by
December
31,
2017
the
“New
Amended 5/26/15
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Jobs,” all as further described in the Project Summary attached
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hereto as Revised Exhibit 1, labeled as “Revised Exhibit 1, Rev
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Proj Summary, May 19, 2015 – Finance”; and
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WHEREAS, such average salary for the New Jobs is a minimum of
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115% of the average private-sector wage in the State effective as
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of January 1, 2015; and
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WHEREAS, for the reasons more fully described in the Project
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Summary, the payment of the of the REV Grant of $7,100,000 serves a
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paramount public purpose; and
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WHEREAS, the City’s Office of Economic Development (“OED”) has
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reviewed the application submitted by the Company for community
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development,
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negotiated the Economic Development Agreement and, based upon the
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contents of the Economic Development Agreement, has determined the
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Economic Development Agreement and the uses contemplated therein to
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be
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actions
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Development Agreement take into account and give consideration to
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the long-term public interests and public interest benefits to be
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achieved by the City; and
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in
the
and
and,
public
together
interest,
financial
with
and
representatives
has
assistance
determined
contemplated
of
that
in
the
the
the
City,
public
Economic
WHEREAS, the Company has requested the City to enter into an
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Economic
Development
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Revised
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therefore,
On
File
Agreement
with
the
in
substantially
Legislative
the
Services
form
placed
Division;
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BE IT RESOLVED by the Council of the City of Jacksonville:
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Section 1.
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now
Findings. It is hereby ascertained, determined,
found and declared as follows:
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(a)
The recitals set forth herein are true and correct.
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(b)
The location of the Company’s project in Jacksonville,
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Florida, (“Project”) is more particularly described in the Economic
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Development Agreement.
The Project will promote and further the
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Amended 5/26/15
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public and municipal purposes of the City.
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(c)
Enhancement
of
the
City's
tax
base
and
revenues,
are
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matters of State and City policy and State and City concern in order
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that the State and its counties and municipalities, including the
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City,
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underemployment, economic recession, poverty, crime and disease, and
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consume
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because of the extra services required for police, fire, accident,
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health care, elderly care, charity care, hospitalization, public
shall
an
not
continue
excessive
be
proportion
housing
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protection, services and facilities.
(d)
housing
endangered
of
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and
to
assistance,
the
and
State
other
by
and
unemployment,
City
forms
revenues
of
public
The provision of the City's assistance as identified in
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the Economic Development Agreement is necessary and appropriate to
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make the Project feasible; and the City's assistance is reasonable
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and not excessive, taking into account the needs of the Company to
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make
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extent
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Project,
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available.
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the
Project
of
(e)
the
and
economically
public
taking
benefits
into
and
financially
expected
account
all
to
be
other
feasible,
derived
forms
of
and
the
from
the
assistance
The Company is qualified to carry out and complete the
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construction and equipping of the Project, in accordance with the
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Economic Development Agreement.
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(f)
The authorizations provided by this Resolution are for
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public uses and purposes for which the City may use its powers as a
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county, municipality and as a political subdivision of the State of
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Florida and may expend public funds, and the necessity in the public
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interest for the provisions herein enacted is hereby declared as a
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matter of legislative determination.
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(g)
This Resolution is adopted pursuant to the provisions of
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Chapters 163, 166 and 125, Florida Statutes, as amended, the City’s
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Charter, and other applicable provisions of law.
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Amended 5/26/15
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Section 2.
Economic Development Agreement Approved.
There
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is hereby approved, and the Mayor and Corporation Secretary are
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authorized
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(“Agreement”) between the City and the Company, substantially in
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the form dated May 4, 2015 and placed Revised On File with the
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Legislative
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herein
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recommendations of the OED, as are further described in the Project
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Summary attached hereto as Revised Exhibit 1, labeled as “Revised
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to
enter
Services
into
an
Division
authorized),
for
Economic
(with
the
such
Development
“technical”
purpose
of
Agreement
changes
implementing
as
the
Exhibit 1, Rev Proj Summary, May 19, 2015 – Finance”.
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The
Agreement
may
include
such
additions,
deletions
and
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changes as may be reasonable, necessary and incidental for carrying
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out the purposes thereof, as may be acceptable to the Mayor, or his
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designee,
with
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execution
of
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modification to the Agreement may increase the financial obligations
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or the liability to the City and any such modification shall be
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technical only and shall be subject to appropriate legal review and
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approval of the General Counsel, or his or her designee, and all
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other
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defined
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descriptions
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improvements and/or any road project, ingress and egress, easements
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and rights of way, performance schedules (but only to the extent
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required to align the City’s performance schedule with any changes
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to performance schedules set forth in the state agreement) design
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standards, access and site plan, which have no financial impact).
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such
the
(a)
action
including,
and
Section 3.
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Agreement
appropriate
as
inclusion
and
by
acceptance
the
required
but
not
surveys,
Mayor
by
law
limited
or
being
his
evidenced
designee.
(“technical”
to,
descriptions
is
changes
of
by
No
herein
in
legal
infrastructure
Payment of REV Grant.
The REV Grant shall not be deemed to constitute a debt,
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liability, or obligation of the City or of the State of Florida or
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any
political
subdivision
thereof
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within
the
meaning
of
any
Amended 5/26/15
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constitutional or statutory limitation, or a pledge of the faith and
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credit or taxing power of the City or of the State of Florida or any
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political subdivision thereof, but shall be payable solely from the
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funds provided therefor as provided in this Section.
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Development Agreement shall contain a statement to the effect that
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the
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financial assistance to the Developer except from the non-ad valorem
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revenues or other legally available funds provided for that purpose,
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that neither the faith and credit nor the taxing power of the City
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or of the State of Florida or any political subdivision thereof is
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pledged to the payment of any portion of such financial assistance,
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and that the Developer, or any person, firm or entity claiming by,
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through or under the Developer, or any other person whomsoever,
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shall never have any right, directly or indirectly, to compel the
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exercise of the ad valorem taxing power of the City or of the State
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of Florida or any political subdivision thereof for the payment of
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any portion of such financial assistance.
City
shall
not
be
obligated
to
pay
any
The Economic
installment
of
its
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(b) The Mayor, or his designee, is hereby authorized to and
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shall disburse the annual installments of the REV Grant as provided
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in this Section in accordance with this Resolution and the Economic
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Development Agreement.
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Section 4.
Designation
of
Authorized
Official/OED
Contract
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Monitor.
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City for the purpose of executing and delivering any contracts,
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notes
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documents for the Agreement as may be required and otherwise to act
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as
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Agreement, and is further authorized to designate one or more other
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officials
of
the
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authorizations
and
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information and take or cause to be taken such action as may be
the
The Mayor is designated as the authorized official of the
and
documents
authorized
and
furnishing
official
City
to
of
to
furnish
the
such
City
exercise
or
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cause
information,
in
any
to
connection
data
with
of
the
be
furnished
and
the
foregoing
such
Amended 5/26/15
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necessary to enable the City to implement the Agreement according
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to its terms.
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the Agreement and to handle the City's responsibilities thereunder,
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including the City's responsibilities under the Agreement working
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with and supported by all relevant City departments.
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Section 5.
The OED is hereby required to administer and monitor
Further
Authorizations.
The
Mayor,
or
his
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designee, and the Corporation Secretary, are hereby authorized to
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execute the Agreement and all other contracts and documents and
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otherwise take all necessary action in connection therewith and
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herewith.
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administrator, is authorized to negotiate and execute all necessary
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changes and amendments to the Agreement and other contracts and
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documents, to effectuate the purposes of this Resolution, without
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further Council action, provided such changes and amendments are
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limited to amendments that are technical in nature (as described in
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Section 2 hereof), and further provided that all such amendments
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shall be subject to appropriate legal review and approval by the
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General Counsel, or his or her designee, and all other appropriate
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official action required by law.
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The
Section 6.
Executive
Director
Oversight Department.
of
the
OED,
as
contract
The OED shall oversee the
project described herein.
Section 7.
Execution of the Agreement.
If the Agreement
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approved by this Resolution has not been signed by the Company
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within
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unexecuted Agreement to the Company for execution, then the City
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Council approval of the Project and authorization for the Mayor to
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execute the Agreement is automatically revoked, provided however,
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that the Executive Director of the OED shall have the authority to
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extend such ninety (90) day period in writing at his discretion for
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up to an additional ninety (90) days.
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ninety
Section 8.
(90)
days
after
the
OED
delivers
or
mails
the
Public Investment Policy. This Resolution conforms
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Amended 5/26/15
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to the guidelines provided in the Public Investment Policy adopted
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by
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2012-213-E.
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City
Council
Resolution
2006-119-A,
amended
by
Ordinance
Section 9. Requesting Two Reading Passage Pursuant to Council
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Rule 3.305.
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pursuant to Council Rule 3.305.
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as
Two reading passage of this legislation is requested
Section 10.
Effective Date.
This Resolution shall become
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effective upon signature by the Mayor or upon becoming effective
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without the Mayor’s signature.
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Form Approved:
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__/s/ Paige Hobbs Johnston
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Office of General Counsel
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Legislation prepared by: John C. Sawyer, Jr.
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G:\SHARED\LEGIS.CC\2015\Reso\2015-332-A.doc
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