Amended & Adopted 8/9/11 1 Introduced by the 2 Jacksonville 3 Finance Committee: Council Economic President Development at the Authority request and amended of the by the 4 5 6 RESOLUTION 2011-383-A 7 A RESOLUTION SUPPORTING 8 BOUNDARY AMENDMENT IN ACCORDANCE WITH SECTION 9 290.0055(6), FLORIDA AREAS ENTERPRISE STATUTES; DESIGNATING CERTAIN 11 ZONE 12 ENVIRONMENTAL 13 DEVELOPMENT; PROVIDING FOR CITY OVERSIGHT BY 14 THE JEDC; AND PROVIDING AN EFFECTIVE DATE JACKSONVILLE THE ZONE 10 AS WITHIN AN CITY’S ENTERPRISE BROWNFIELDS REHABILITATION AREAS AND FOR ECONOMIC 15 16 WHEREAS, City Council enacted its Ordinance 95-317-213 17 concerning requirements and prerequisites necessary to apply for a 18 State Enterprise Zone designated within and for the City, creating 19 an Enterprise Zone Development Agency and Board pursuant to Section 20 290.0056, Florida Statues, and appointing initial members of the 21 Board; and 22 WHEREAS, City Council adopted its Resolution 95-325-94 23 concerning and determining the conditions and characteristics of 24 the City’s nominated Enterprise Community area being proposed for a 25 State 26 290.0055(1)(a), 27 submit an application for a State Enterprise Zone designation; and 28 Enterprise WHEREAS, Zone Florida City designation Statutes, Council and adopted pursuant to authorizing the its Resolution Section Mayor to 95-326-95 29 concerning the adoption of an Enterprise Zone Development Plan, 30 which included the City’s Enterprise Community Strategic Plan to 31 support and make application for 1 a State Enterprise Zone Amended & Adopted 8/9/11 1 designation pursuant to Section 290.0057, Florida Statutes; and 2 WHEREAS, on June 21, 1995, the Enterprise Zone Interagency 3 Coordinating Council, through the Florida Department of Commerce, 4 designated 5 Enterprise Zone under the 1995 Enterprise Zone Program of the State 6 of 7 Statutes; and 8 9 10 the Florida City of (“State”), Jacksonville pursuant to (“City”) Section as a 290.0065, Florida Florida WHEREAS, the City’s Enterprise Zone has been designated EZ1601 by the State; and WHEREAS, the United States Department of Housing and Urban 11 Development 12 Empowerment Zone, effective January 1, 2002 through December 31, 13 2011; and 14 (“HUD”) WHEREAS, City designated Council the adopted City its as an urban Resolution Federal 2004-1125-A 15 supporting an Enterprise Zone boundary amendment to include three 16 additional, non-contiguous developable sites consisting of (i) the 17 Cecil Field site containing 856 acres in census tract 136.97, (ii) 18 the Imeson Industrial Park site containing 462 acres in census 19 tract 102.02 and (iii) the Philips/Pine Forrest corridor containing 20 681 acres in census tracts 7; 162 and 163 (the “Empowerment Zone 21 Sites”); and 22 WHEREAS, on April 1, 2004, the Enterprise Zone Interagency 23 Coordinating Council, through the Florida Department of Commerce, 24 approved the addition of the Empowerment Zone Sites to the City’s 25 Enterprise Zone; and 26 WHEREAS, City Council adopted its Resolution 2005-1288-A 27 supporting the re-designation of the City’s Enterprise Zone and 28 supporting 29 boundaries of the Enterprise Zone; an Enterprise Zone boundary amendment to modify the and 30 WHEREAS, on December 23, 2005, the Enterprise Zone Interagency 31 Coordinating Council, through the Florida Department of Commerce, 2 Amended & Adopted 8/9/11 1 approved the boundary areas of the City’s Enterprise Zone; and 2 WHEREAS, the City’s designated Enterprise Zone as of January 3 1, 2011 was as shown on Revised Exhibit 1, labeled as “Revised 4 Exhibit 1, Amended Enterprise Zone Descrip, July 18, 2011 - Rules” 5 attached hereto (the “Existing Enterprise Zone”); and 6 WHEREAS, the City is authorized by Section 290.0055(6), 7 Florida Statutes, to request a change in the Imeson International 8 Industrial Park boundaries of its existing Enterprise Zone; and 9 WHEREAS, the notice adoption of a resolution seeking a change in the boundary of the 12 Enterprise 13 Record on March 9, 2011; and WHEREAS, by published Resolution the attached a Financial hereto as notice News and Exhibit the Daily 2, previously approved, and the City desires to request an amendment 17 to 18 properties 19 Area”); shown on the City’s Exhibit 3 Enterprise attached (“JEDC”) the 16 of Commission of Jacksonville boundaries Development when 15 the Economic in met Section 11 was were in 290.0055(6), Zone Statutes, contained 10 14 Florida requirements Zone hereto to (the add has the “Nominated 20 WHEREAS, the Florida Brownfields Redevelopment Act, §§376.77 – 21 376.85, Fla. Stat., hereinafter, “the Act,” §§376.80(1) encourages 22 reusing 23 degraded 24 providing 25 remediation funds, and environmental regulatory relief; and abandoned by actual tax and or relief underused perceived related real property, environmental to job may be contamination, by creation, which environmental 26 WHEREAS, the Consolidated City of Jacksonville has designated 27 several areas of the City as “Brownfield Areas” to facilitate their 28 reuse; and 29 WHEREAS, valuable economic incentives accrue under the Florida 30 Brownfields Redevelopment Act, Sections 31 Statutes, to those who redevelop designated Brownfield areas; and 3 376.77-376.85, Florida Amended & Adopted 8/9/11 1 WHEREAS, the parcels shown in Exhibit 4 meet the criteria 2 specified in §376.80(2)(a), 3 Brownfield area; and Fla. Stat., for designation as a 4 WHEREAS, the Planning and Development Department’s Community 5 Planning Division & Brownfield Program issued a report, attached 6 hereto 7 recommending that the Brownfield designation be approved; and 8 9 10 as Exhibit 5 incorporated herein by this reference, WHEREAS, the Act requires the City to notify in writing the Florida Department of Environmental Protection of Jacksonville designating of the Brownfield Area; and, 11 WHEREAS, the City has complied with the procedures outlined in 12 §125.66, Fla. Stat., and having given proper notice as required by 13 §§376.80(1) and 125.66(4)(b)2, Fla. Stat.; now therefore 14 BE IT RESOLVED by the Council of the City of Jacksonville: 15 Section 1. 16 The Council, acting as the governing body of a county, finds the preamble hereof to be true and correct. 17 Section 2. Pursuant to Sections 290.0055(6)(b), Florida 18 Statutes, Council hereby finds that the addition of the Nominated 19 Area to the Existing Enterprise Zone is necessary for the following 20 reasons: 21 development activities and opportunities within the proposed 462 22 acres designated within the Imeson International Industrial Park as 23 an Enterprise Zone developable site by eliminating public rights- 24 of-way 25 attracting 26 businesses within the expanded area to expand; creating new full 27 time 28 private capital investment in real and tangible personal property 29 by the businesses to located within this expanded area. 30 31 the and jobs, addition non new and Section 3. application to of productive businesses increasing The Mayor request the Nominated areas within the is Area within the hereby re-designation 4 the area; commercial enhances designated assisting tax base authorized of economic the area, existing through to City’s submit new an Existing Amended & Adopted 8/9/11 1 Enterprise Zone and to request to amend the Imeson International 2 Industrial Park boundaries of the City’s Existing Enterprise Zone 3 to add the Nominated Area. 4 Section 4. This Resolution is being enacted pursuant to 5 provisions of Section 290.0055, Florida Statutes, and is intended 6 to be subject to and in accordance with all applicable provisions 7 of State law. 8 9 Section 5. For the purpose of §§ 376.77 – 376.85, Fla. Stat., the parcels depicted in Exhibit 4 are hereby designated as a 10 Brownfield area. 11 City of Jacksonville liable for the cost of site rehabilitation or 12 source removal, as those terms are defined in §§376.79(14) and 13 (15), 14 attributable to the City as administrator of a Brownfield Program 15 and as a property owner, if it owns or hereafter acquires any 16 realty within the designated Brownfield area. 17 Fla. Such designation shall not, however, render the Stat., Section 6. for The any other Director, Florida those Development 20 for a Brownfield site rehabilitation within the designated area. Oversight Department. the and of Environmental Protection whenever a person assumes responsibility 23 advise excess 19 Section 7. to Planning in Department, 22 authorized costs 18 21 is or Department The JEDC shall oversee the project described herein. Section 8. 24 signature 25 Mayor’s signature. 26 Form Approved: by the This Resolution Mayor or upon shall becoming become effective effective 27 28 of /s/ Steven E. Rohan _ 29 Office of General Counsel 30 Legislation prepared by: Juliana Rowland 31 3/7/2016G:\SHARED\LEGIS.CC\2011\res\JEDC - EZ and Brownfield Amendment v07.doc 5 without upon the