1 Introduced by the Council President at 2 Jacksonville Economic Development Commission: the request 3 4 ORDINANCE 2006-706 5 AN 6 AUTHORIZING THE EXECUTION OF SUCH AGREEMENTS 7 BETWEEN THE CITY OF JACKSONVILLE (THE “CITY”), 8 THE 9 COMMISSION (THE “JEDC”) AND [PROJECT PINNACLE] 10 (THE “COMPANY”), TO SUPPORT THE CREATION OF 11 NEW 12 BUILDING 13 COMPANY BE APPROVED BY THE STATE OF FLORIDA'S 14 OFFICE OF TOURISM, 15 DEVELOPMENT (“OTTED”) 16 INDUSTRY (“QTI”) BUSINESS PURSUANT TO SECTION 17 288.106, 18 COMMITMENT 19 FINANCIAL SUPPORT UNDER THE QUALIFIED TARGET 20 INDUSTRY 21 MULTIPLE YEARS PER GUIDELINES SET BY OTTED, 22 WITH A STATE MATCH; AUTHORIZING A RECAPTURE 23 ENHANCED 24 ACCORDANCE WITH CITY COUNCIL RESOLUTION 2006- 25 119-A; AUTHORIZING AN ADDITIONAL LOCAL GRANT 26 IN SUPPORT OF THE CREATION OF THE NEW JOBS; 27 AUTHORIZING 28 MAYOR, 29 DIRECTOR OF THE JEDC; PROVIDING AN EFFECTIVE 30 DATE. 31 ORDINANCE MAKING JACKSONVILLE JOBS AND THE (THE RENOVATION “PROJECT”); OF A AND PROGRAM GRANT EXECUTION CORPORATION (“REV OF EXISTING TARGET EVIDENCING AS THE GRANT”) AND A LOCAL PAYABLE DOCUMENTS SECRETARY THAT ECONOMIC QUALIFIED SUPPORT REFUND AN RECOMMENDING TRADE AS AND DEVELOPMENT OF STATUTES; CITY VALUE FINDINGS ECONOMIC FLORIDA TAX CERTAIN BY OVER IN THE EXECUTIVE of the 1 WHEREAS, the Company has committed to create a number of 2 permanent full-time equivalent new jobs in Jacksonville with an 3 average salary, exclusive of benefits, of over 115% of the average 4 private sector wage in the State; and 5 WHEREAS, the City wishes to support maximum amount available tax refunds for the under Section 288.106, 6 Company 7 Florida Statutes, relating to qualified target industry businesses 8 (the "QTI Refunds"); and 9 in the WHEREAS, the City is required to fund 20% of the amount of QTI 10 Refunds granted 11 support"; and 12 WHEREAS, to a the grant Company of QTI as the Refunds City's is a "local financial condition to the 13 willingness and ability of the Company to create the new jobs in 14 Jacksonville; and 15 WHEREAS, the project described in the application submitted by 16 Company is in the public interest and serves a paramount public 17 purpose, 18 contemplated therein take into account and give consideration to 19 the long-term public interests and public interest benefits to be 20 achieved by the City; and and the public actions and financial assistance 21 BE IT ORDAINED by the Council of the City of Jacksonville: 22 Section 1. 23 Findings. It is hereby ascertained, determined, found and declared as follows: 24 (a) The recitals set forth herein are true and correct. 25 (b) The Project will greatly enhance and expand the City and 26 otherwise promote and further the municipal purposes of the City. 27 (c) The City's assistance for the Project will enable and 28 facilitate the Project; the Project will enhance and increase the 29 City's tax base and revenues; the Project will improve the quality 30 of life necessary to encourage and attract business expansion in 31 the City, and otherwise to serve, 2 promote and further public 1 purposes. 2 3 (d) Enhancement of the City's tax base and revenues are matters of State and City policy and State and City concern. 4 (e) The provision of the City's assistance to the Company is 5 necessary and appropriate to make the Project feasible; and the 6 City's 7 account the needs of the Company to make the Project economically 8 and financially feasible, and the extent of the public benefits 9 expected to be derived from the Project, and taking into account 10 assistance is reasonable and not excessive, taking into all other forms of assistance available. 11 (f) The Company is qualified to carry out the Project. 12 (g) Recommendation for QTI Refunds. The Council, acting in 13 its capacity as a county, hereby recommends to the State of Florida 14 Office of Tourism, Trade and Economic Development that the Company 15 be approved as a "qualified target industry business" pursuant to 16 Section 288.106, Florida Statutes. 17 (h) The authorizations provided by this Ordinance are for 18 public uses and purposes for which the City may use its powers as a 19 municipality and as a political subdivision of the State of Florida 20 and 21 interest for the provisions herein enacted is hereby declared as a 22 matter of legislative determination. 23 may (i) expend public funds, and the necessity in the public This Ordinance is adopted pursuant to the provisions of 24 Chapter 163, 166 and Chapter 125, Florida Statutes, as amended, the 25 City’s Charter, and other applicable provisions of law. 26 Section 2. Execution of Documents. The Mayor and 27 Corporation Secretary are authorized to enter into such documents 28 and agreements between the City, the JEDC and the Company (with 29 such “technical” changes as herein authorized), for the purpose of 30 implementing the recommendations of the JEDC regarding the Project. 31 Section 3. QTI Local Financial 3 Support. By this 1 ordinance, the City is authorized and directed to provide "local 2 financial 3 Statutes, in the aggregate amount of up to 20% of the amount of QTI 4 Refunds granted to the Company by the State. 5 support shall be made available for the new jobs created by the 6 Company in Jacksonville. 7 support 8 Council. 9 support," will be Section 4. as made defined in Section 288.106, Florida Such local financial The funding for such local financial available Grants. by future appropriation of the The City will provide a REV Grant and 10 an additional local grant to the Developer to assist in creation of 11 the new jobs. 12 be paid by Company. The funds appropriated herein shall not lapse 13 at the end of the current fiscal year, but shall carry over into 14 the next fiscal year. 15 Section 5. All costs in excess of the City’s contribution will Mayor designated as Official/JEDC 17 official of the City for the purpose of executing and delivering 18 any contracts, notes and documents and furnishing such information, 19 data and documents as may be required and otherwise to act as the 20 authorized official of the City in connection with the Project, and 21 is further authorized to designate one or more other officials of 22 the City to exercise any of the foregoing authorizations and to 23 furnish or cause to be furnished such information and take or cause 24 to be taken such action as may be necessary to enable the City to 25 implement the Project. 26 and monitor the agreements entered into hereunder and to handle the 27 City's the authorized 28 responsibilities under any agreements, working with and supported 29 by all relevant City departments. The JEDC is hereby required to administer responsibilities Section 6. is Authorized Contract 31 The of 16 30 Monitor. Designation Further thereunder, including Authorizations. The the Mayor, City's or his designee, and the Corporation Secretary and the Chairman of JEDC, 4 1 or his designee, are hereby authorized to execute all contracts and 2 documents and otherwise take all necessary action in connection 3 therewith and herewith. 4 Section 7. Effective Date. This Ordinance shall become 5 effective upon signature by the Mayor or upon becoming effective 6 without the Mayor’s signature. 7 Form Approved: 8 9 /s/ Juliana Rowland__________ 10 Office of General Counsel 11 Legislation prepared by: 12 G:\shared\LEGIS.CC\2006\ord\JEDC Pinnacle.doc Juliana Rowland 5