Postponed to 10/13/09 on 9/22/09
1
Introduced
by
the
Council
President
at
2
Jacksonville Economic Development Commission:
the
request
of
the
3
4
5
ORDINANCE 2009-711
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AN ORDINANCE
DESIGNATING
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ALL
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JACKSONVILLE’S
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REDEVELOPMENT AREAS, FORMER NAVAL AIR STATION
PROPERTY
AS A RECOVERY ZONE
INCLUDED
IN
ENTERPRISE
FIELD,
AND
ZONE,
CITY
OF
COMMUNITY
10
CECIL
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PROVIDING
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JACKSONVILLE ECONOMIC DEVELOPMENT COMMISSION;
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PROVIDING AN EFFECTIVE DATE.
FOR
THE
THE
CITY
EMPOWERMENT
OVERSIGHT
BY
ZONE;
THE
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15
WHEREAS, Section 1401 of Title I of Division B of the American
16
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115
17
(2009)(“ARRA”)
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Internal
19
governments to issue Recovery Zone Economic Development Bonds and
20
Recovery Zone Facility Bonds (together, “Recovery Zone Bonds”); and
21
added
Revenue
Sections
Code
(the
1400U-1
“Code”)
through
authorizing
1400U-3
State
to
and
the
local
WHEREAS, Recovery Zone Bonds provide tax incentives for state
22
and
local
governmental
borrowing
at
lower
23
promote job creation and economic recovery; and
borrowing
costs
to
24
WHEREAS, Recovery Zone Bonds may be issued to finance projects
25
located within areas designated by the City as “recovery zones,”
26
pursuant to Section 1400U-1(b) of ARRA; and
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WHEREAS, Section 1400U-1(b) of ARRA defines a “recovery zone”
28
as “(1) any area designated by the issuer as having significant
29
poverty,
30
distress, (2) any area designated by the issuer as economically
31
distressed by reason of the closure or realignment of a military
unemployment,
rate
of
home
foreclosures,
or
general
1
installation pursuant to the Defense Base Closure and Realignment
2
Act
3
empowerment zone or renewal community is in effect”; and
4
of
1990,
and
WHEREAS,
the
(3)
any
area
City’s
for
which
Empowerment
a
designation
Zone,
Enterprise
as
an
Zones,
5
Community Redevelopment Areas and former Naval Air Station Cecil
6
Field each meet the requirements to be designated as a “recovery
7
zone”; and
8
9
10
WHEREAS, to qualify as Recovery Zone Bonds such bonds must be
issued before January 1, 2011; and
WHEREAS,
the
Jacksonville
as
12
industrial
development
13
issuer
and
14
certain conduit bonds pursuant to Article 24, City Charter and
15
Chapter 104, Part 3, Ordinance Code;
16
community
Commission,
operating
has
City’s
Development
11
of
the
Economic
authority,
established
redevelopment
is
authorized
procedures
for
to
the
agency
and
act
the
as
issuance
of
WHEREAS, on August 13, 2009, the JEDC approved a resolution in
17
support
of
this
ordinance,
said
Resolution
of
the
Jacksonville
18
Economic Development Commission being labeled Resolution, August
19
13, 2009, and attached hereto as Exhibit 1; now therefore,
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
Findings. The Council, acting as the governing
22
body of Duval County, finds the preamble hereof to be true and
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correct.
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Section 2.
Designation
of
Enterprise
Zone.
The
Council
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finds that the City of Jacksonville Enterprise Zone (EZ-1601), as
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described in Resolution 2005-1288-A of the City and approved by the
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State of Florida Office of Tourism, Trade and Economic Development
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effective January 1, 2006 (the “Enterprise Zone”) has significant
29
poverty,
30
distress,
31
pursuant to Section 1400U-1(b)(1) of ARRA.
unemployment,
and
is
rate
hereby
of
home
designated
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as
foreclosures
a
“recovery
or
general
zone”
for
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Section 3.
Designation of Community Redevelopment Areas.
Council
that
2
The
finds
3
Community
4
Community Redevelopment Area (the “Southside CRA”), the Northbank
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Downtown Community Redevelopment Area (the “Downtown CRA”), and the
6
Soutel/Moncrief
Retail
7
RRA”)(together,
the
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Section 500.115, Ordinance Code, and as to the Soutel/Moncrief RRA,
9
as
Redevelopment
defined
in
the
Area
Jacksonville
(the
“JIA
Redevelopment
“Jacksonville
Ordinance
International
CRA”),
Area
(the
CRAs”),
2008-919-E,
have
each
the
Airport
Southbank
“Soutel/Moncrief
as
defined
significant
in
poverty,
10
unemployment, rate of home foreclosures or general distress, and
11
are
12
1400U-1(b)(1) of ARRA.
hereby
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designated
Section 4.
as
“recovery
zones”
pursuant
to
Section
Designation of Former Naval Air Station Cecil
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Field. The Council finds that the property that was part of former
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Naval
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economically distressed by reason of the closure or realignment of
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a military installation pursuant to the Defense Base Closure and
18
Realignment Act of 1990, and is hereby designated as a “recovery
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zone” pursuant to Section 1400U-1(b)(2) of ARRA.
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Air
Station
Section 5.
Cecil
Field
(“Cecil
Acknowledgement
Field
of
Property”),
Empowerment
is
Zone
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Qualification for Recovery Zone Bonds. For the purposes of Section
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1400U-1(b)(3)
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Empowerment Zone, as established by designation from the United
24
States
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January 1, 2002, pursuant to the Community Renewal Tax Relief Act
26
of
27
“Empowerment Zone”), shall be included within the City’s Recovery
28
Zone.
Department
2000,
29
of
of
Pub. L.
Section 6.
In
ARRA
the
the
Housing
106-554,
Council
and
114
acknowledges
Urban
Stat.
that
Development
2763A-587
City’s
effective
(2000)
(the
Automatic Expansion of the Designated Recovery
30
Zone.
event
of
the
expansion
31
Enterprise Zone, the Jacksonville CRAs, or the Empowerment Zone, or
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or
modification
of
the
1
the addition of additional Community Redevelopment Areas pursuant
2
to Chapter 500, Ordinance Code, such added or expanded parcels
3
shall be deemed “recovery zones” designated hereby without further
4
action
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properties within the Enterprise Zone, any Community Redevelopment
6
Area
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property that was part of former Naval Air Station Cecil Field and
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the Empowerment Zone shall be designated as “recovery zones.”
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by
Council.
established
It
is
the
pursuant
Section 7.
to
Issuer.
intent
Chapter
of
the
500,
Council
Ordinance
that
Code,
all
all
Recovery Zone Bonds may be issued by
10
the Jacksonville Economic Development Commission to the extent it
11
is authorized by law to do so, and may in other cases be issued by
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the City of Jacksonville.
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Section 8.
Compliance with Council Rules for Industrial
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Development Revenue Bonds.
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Zone Bonds shall comply with the rules set forth in Chapter 104,
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Part 3, Ordinance Code, for industrial development revenue bonds,
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except that as to Recovery Zone Bonds, Section 104.305(h) shall be
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applied as follows:
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“(h)
Applicants for issuance of Recovery
A statement as
to
the
project's compliance with
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applicable federal, state and local laws, to the effect that
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interest
22
taxation, together with an opinion of the applicant's legal
23
counsel
24
applicable laws and regulations. This opinion shall also note
25
under which definition of project
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Development Financing Act whether the proposed project intends
27
to qualify as Recovery Zone Economic Development Bonds or as
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Recovery Zone Facility Bonds and shall contain statements as
29
to
30
allocation cap, whether the project qualifies as a priority
on
as
whether
the
to
the
bonds
the
will
be
project's
project
is
exempt
compliance
federal
with
all
income
other
in the Florida Industrial
subject
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from
to
the
federal
state
1
project, and whether the project requires or would be eligible
2
for carryforward consideration.
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Section 9.
Oversight Department.
The
Jacksonville
4
Economic Development Commission shall oversee the project described
5
herein.
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Section 10.
Effective Date.
This ordinance shall become
7
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/ Juliana Rowland
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Office of General Counsel
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Legislation Prepared By: Juliana Rowland
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G:\SHARED\LEGIS.CC\2009\ord\JEDC-Recovery Zone Designating Ordinance v02.doc
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