CHAPTER 761 - THE BETTER JACKSONVILLE PLAN
Sec. 761.101. The Better Jacksonville Plan.
There is hereby established 'The Better Jacksonville Plan', for the purposes of managing growth, improving and constructing roads, protecting natural lands and waterways and targeting economic development and providing public facilities. Among other quality of life improvements, The Better Jacksonville Plan, if approved by the citizens of Jacksonville, will improve roads to reduce traffic congestion and direct growth through a Countywide road and infrastructure improvement plan for $1,500,000,000, $750,000,000 of which is expected to be funded through a restructuring of existing Jacksonville Transportation Authority ('JTA') and City sources, as recommended by the Soud/Bussells Commission. The remaining $750,000,000 shall be funded from The Better Jacksonville 1/2 Cent Sales Surtax. The Countywide road, infrastructure and transportation improvements are itemized in the 'City of Jacksonville Transportation and Infrastructure 2000-2010 Work Program' (the 'Work Program'), which is attached as Exhibit 'A' hereto and, by this reference, is incorporated herein. Amendments to this Work Program, as financed by The Better Jacksonville 1/2 Cent Sales Surtax, may be made by the City Council for just cause only but as is deemed necessary; provided however, substituting a project not in said Work Program for a project that is in said Work Program shall be made only by the City Council upon a vote of 2/3 of all City Council Members (13 votes). By investing in enhanced neighborhood streets and parks, protecting natural resources and providing better public facilities for residents and encouraging growth in targeted areas, The Better Jacksonville Plan will help ensure a strong City for the future.
(Ord. 2000-572-E, § 1)
Sec. 761.102. Elements of The Better Jacksonville Plan.
The goals of The Better Jacksonville Plan, i.e., growth management, improving and constructing roads, environmental protection and preservation and targeted economic development, and providing public facilities shall be accomplished by the acquisition, construction and development of the following projects, listed with their approximate costs:
(a) Roads/infrastructure/transportation. A $1,500,000,000 Work Program with $750,000,000 funded from the restructuring of existing JTA and City sources, and the remaining $750,000,000 funded from The Better Jacksonville 1/2 Cent Sales Surtax. The Work Program includes new, expanded and widened roads; interchanges, overpasses and intersection improvements; and also includes:
(1) Road resurfacing . . . $105,000,000
(2) Drainage . . . 70,000,000
(3) Sidewalks/bike paths . . . 20,000,000
(4) Landscaping. . . 18,000,000
(5) Safety grade crossings . . . 25,000,000
(6) Rapid transit right-of-way. . . 100,000,000
(b) Environment/quality of life.
(1) Land acquisition through the preservation project . . . 50,000,000
(2) Neighborhood parks . . . 15,000,000
(3) Environmental clean-up . . . 25,000,000
(4) Septic tank remediation . . . 75,000,000
(c) Targeted economic development.
(1) Northwest Jacksonville Economic Development Trust Fund . . . 25,000,000
(2) Cecil Field, including recreational and equestrian facilities . . . 25,000,000
(3) Jacksonville Zoo . . . 10,000,000
(d) Public facilities/downtown.
(1) Main library . . . 95,000,000
(2) Library branch improvements . . . 55,000,000
(3) Arena . . . 125,000,000
(4) Baseball park . . . 25,000,000
(5) Courthouse . . . 190,000,000
(e) The Better Jacksonville Plan Projects Contingency . . . 35,000,000
(Ord. 2000-572-E, § 1)
Sec. 761.103. Funding for The Better Jacksonville Plan Sales Surtax.
In order to fund The Better Jacksonville Plan, and pursuant to the provisions of F.S. § 212.055(2), and subject to approval at a referendum of qualified electors in Duval County, there is hereby levied and imposed throughout Duval County a discretionary sales surtax ('The Better Jacksonville 1/2 Cent Sales Surtax') at the rate of 1/2 percent per dollar on all transactions within Duval County subject to the State sales and use tax imposed by F.S. Ch. 212, subject to the limitations imposed thereon by F.S.§ 212.054.
(Ord. 2000-572-E, § 1)
Sec. 761.104. Manner of collection and administration.
The Better Jacksonville 1/2 Cent Sales Surtax shall be collected and administered as set forth in F.S. § 212.054.
(Ord. 2000-572-E, § 1)
Sec. 761.105. Remittance of surtax to the City.
The proceeds of The Better Jacksonville 1/2 Cent Sales Surtax shall be remitted to the City, in its capacity as a County and/or its capacity as a City, as provided by law, and shall be distributed, pursuant to F.S. § 212.055(2)(c), and other applicable provisions of law: (1) among the City of Jacksonville, and any and all municipalities in Duval County by interlocal agreement, or (2) according to the formula provided in F.S. § 218.62. The City's portion of such proceeds shall be deposited by the City in aseparate trust fund which shall be established by future legislation and entitled 'The Better Jacksonville Trust Fund,' the monies in which shall be expended as provided by law. The Mayor shall provide, by executive order, for independent annual review, audit and citizen oversight of The Better Jacksonville Trust Fund and Plan.
(Ord. 2000-572-E, § 1)
Sec. 761.106. Purposes of surtax.
(a) All The Better Jacksonville 1/2 Cent Sales Surtax revenues and any interest accrued thereon received in The Better Jacksonville Trust Fund shall be appropriated, by separate legislative action by the City Council, only for the following purposes:
(1) To finance, plan and acquire and construct those capital projects described in The Better Jacksonville Plan in Section 761.102 hereof, but subject to any limitations set forth in F.S. § 212.055(2); and
(2) To pay, and pledge to secure, new bond indebtedness issued (but not more frequently than once each year) for any of the above purposes, or refinancings thereof.
(b) All The Better Jacksonville 1/2 Cent Sales Surtax revenues distributed to the Cities of Jacksonville Beach, Atlantic Beach and Neptune Beach and to the Town of Baldwin shall be used for the purposes described in Section 761.102 hereof, and to pay, and pledge to secure, new bond indebtedness issued (but not more frequently than once each year) for any of such purposes, as authorized by F.S. § 212.055(2), or refinancings thereof.
(c) None of The Better Jacksonville 1/2 Cent Sales Surtax revenues shall be used for any of the following purposes:
(1) The operational expenses of any infrastructure project specified in Section 761.102, including operational expenses in connection with Targeted Economic Development projects;
(2) To supplement or replace user fees or to reduce ad valorem taxes existing prior to the effective date of the surtax;
(3) To service or refund any indebtedness incurred prior to the effective date of The Better Jacksonville 1/2 Cent Sales Surtax; or
(4) Any other purpose prohibited by law.
(d) The Better Jacksonville 1/2 Cent Sales Surtax shall take effect on January 1, 2001, and shall remain in effect no longer than December 31, 2030, subject to earlier termination, which must occur on a December 31 date when The Better Jacksonville Plan has been fully funded and all indebtedness pledging The Better Jacksonville 1/2 Cent Sales Surtax has been paid. To implement the earliest practicable termination of The Better Jacksonville 1/2 Cent Sales Surtax, consistent with accomplishing the project goals of The Better Jacksonville Plan described in Section 761.101, it is the intent of the Mayor and the City Council to devote all The Better Jacksonville 1/2 Cent Sales Surtax revenues, provided under Section 761.103, only to the cost of the projects of The Better Jacksonville Plan described in Section 761.102, excluding the $750,000,000 roadway program that is presently funded by existing revenues; or to repayment of bond indebtedness, maturing not later than December 31, 2030, issued to pay for such specific costs, including early prepayment of such bond indebtedness with all available surplus The Better Jacksonville 1/2 Cent Sales Surtax revenues in The Better Jacksonville Trust Fund.
(Ord. 2000-572-E, § 1)
Sec. 761.107. Committees.
Two committees shall provide additional oversight and review of the projects, as financed by The Better Jacksonville 1/2 Cent Sales Surtax. These two additional committees are the Financial Administration Committee ('FAC') and the 'Project Administration Committee ('PAC'). The membership and duties of these committees are as follows:
(a) The FAC shall consist of the Managing Director of JEA, the Chief Administrative Officer of the City, or their respective designees, and a citizen within the financial business community of the City who shall not be associated with any of the financial components of The Better Jacksonville Plan, including auditing or bonding; in the alternative, a citizen who has had involvement in municipal, County or other governmental financing. In addition, two private citizens who are not affiliated with or employed byany business or occupation that would be involved in the implementation of The Better Jacksonville Plan Projects shall serve as members. Such involvement includes financing, planning, real estate, design, construction or other similar businesses or occupations. All of said citizen members of the FAC shall be appointed by the Mayor, and confirmed by the Council, for a five-year term with the possibility of serving one additional five-year term in the discretion of the Mayor and confirmation by the Council; provided however, the citizen members shall serve no more than two full terms. The Council Auditor, or designee, shall be a nonvoting member. The FAC shall meet at the call of the Chair or any member, but no less than quarterly. The Chair shall rotate on an annual basis, commencing with the City's Chief Administrative Officer. The Council Auditor, or designee, and the citizen members shall not be eligible to serve as Chair. The FAC shall determine and assess the general conditions of the market for municipal bonds and notes (including opportunities for the efficient use of bond anticipation notes, other bridge financing and refunding bonds), and other appropriate financial markets, including advice regarding advantageous maturities and maturity structures, sinking fund and defeasance provisions, interest rate provisions, redemption provisions, credit enhancement opportunities, interest rate hedging opportunities, method of sale, investment opportunity and similar matters. The FAC shall take into account the effect of the terms of each series to be issued on all of The Better Jacksonville Plan Projects in order that The Better Jacksonville Plan, as an entirety, may be efficiently financed. The foregoing sentence shall apply equally to any series of refunding bonds issued to refund any bonds, which refunding bonds may only be issued with the unanimous consent of FAC or the Mayor, as provided as follows: It is intended that the issuance of bonds be provided in a manner necessary to provide funds for The Better Jacksonville Plan Projects on a timely basis when such projects are ready to be commenced. The FAC shall meet as determined by the Chair or at the request of an individual member for the purpose of coordinating the respective needs of the City for the issuance of bonds with the intent that each series of bonds be sized and structured in the most efficient manner possible. The timing and amount of each series of bonds shall be as executed by the City to timely construct The Better Jacksonville Plan Projects. Upon dissent of any voting member of the FAC, as to matters involving the issuance of bonds, the final determination, on such issuance, will be made by the Mayor after review of supportive documentation given to the Mayor and any dissenting FAC member.
(b) The PAC shall consist of the Executive Director of the Jacksonville Transportation Authority, the City's Director of Public Works and the Managing Director of JEA or their respective designees. In addition, two private citizens who are not affiliated with or employed by any business or occupation that would be involved in the implementation of The Better Jacksonville Plan Projects shall serve as members. Such involvement includes financing, planning, real estate, design, construction or other similar businesses or occupations. The citizen members of the PAC shall be appointed by the Mayor, and confirmed by the Council, for a five-year term with the possibility of serving one additional five-year term in the discretion of the Mayor and confirmation by the Council; provided however, the citizen members shall serve no more than two full terms. The general engineering consultant of Jacksonville Transportation Authority and Public Works Department's general engineering consultant, or their respective designees, shall be nonvoting members. The PAC shall meet at the call of the Chair or any member, but no less than quarterly. The Chair shall rotate on an annual basis among committee members commencing with the Executive Director of the Jacksonville Transportation Authority. The nonvoting member(s) and the citizen members shall not be eligible to serve as Chair. The City shall be primarily responsible for the construction of The Better Jacksonville Plan Projects which are referenced to the City. The PAC shall study The Better Jacksonville Plan Projects with the goal of advising how to construct and complete such projects in the most efficient manner possible and to oversee execution of work of all such projects as each such project is ready to be designed, right-of-way acquired, permitted and constructed.
(c) The FAC and the PAC shall prepare and present to the City Council, the Mayor and the Jacksonville Transportation Authority Board as necessary a report on the implementation, progress, status and completion of all The Better Jacksonville Plan Projects, including a summary of the financing undertaken, funds expended and planning, design, right-of-way acquisition and construction as of the reporting date. In addition, said committees shall report on the degree of cooperation of the parties hereto, and on areas of concern for the timely and proper completion of The Better Jacksonville Plan Projects. Such reports shall be given on an annual basis, within 90 days after the end of each fiscal year occurring after the effective date of The Better Jacksonville 1/2 Cent Sales Surtax.
(Ord. 2000-572-E, § 1)
Sec. 761.108. BJP oversight.
The Public Works Department and JTA shall submit an updated Revised Work Program to identify the status of projects as of June 30 each year to the City Council as part of the annual budget review process in a format approved by the Council Auditor.
(Ord. 2005-898-E, § 9)