§ 55.108. Powers and Duties.

(a)

The Board shall have the following powers and duties, subject to appropriated funds, within Downtown:

(1)

Appoint a Chief Executive Officer ("CEO"), prescribe his or her duties, and fix his or her compensation which shall be paid from funds available to the Authority in the same manner as City employees are paid. Qualifications of the CEO position shall include a minimum of five years of progressively responsible experience in downtown redevelopment or similar capacity, at least four years of which should be in supervisory or consulting roles, or an equivalent combination of training and experience. The candidate must be in possession of a bachelor's degree or higher from an accredited college or university, in a related field such as city planning, real estate, finance, architecture, urban design, or public administration, with a strong preference for a master's degree in a related discipline, all as described in further detail in the DIA CEO Qualifications and Criteria Schedule attached as Revised Exhibit 1 to Ordinance 2012-680-E. Such CEO shall have the authority to, subject to available funding, appoint, employ and/or remove such additional staff as is deemed necessary for the efficient and effective administration of the activities of the office. All employment matters shall be handled in accordance with City Human Resource policies and requirements, and with assistance from the City's Employee Services Department.

(2)

Serve as the City's Community Redevelopment Agency ("CRA") with regard to the Downtown CRA's (Southside Community Redevelopment Area and the Downtown Northbank Community Redevelopment Area), and exercise any powers and authority granted Community Redevelopment Agencies by F.S. Pt. III, Ch. 163, within Downtown, except the DIA shall not:

(i)

Borrow money as authorized by F.S. § 163.370(2)(g), in a principal amount that exceeds, at the time of borrowing, an amount equal to the unallocated balance available in the applicable Trust Fund as determined by the CRA allocation and transfer process set forth in Chapter 106, Part 3, Ordinance Code, otherwise such borrowing shall require Council approval;

(ii)

Have the power to close or vacate streets, roads, sidewalks, ways or other places as set forth in F.S. § 163.370(2)(m), without Council approval;

(iii)

Have the power to zone or rezone or make exceptions from building regulations as set forth in F.S. § 163.370(2)(l), other than as authorized in Chapter 656, Part 3, Subpart H, Ordinance Code and subsection (4) below; and

(iv)

Exercise any power otherwise limited by this Chapter.

(3)

Develop a marketing plan for downtown, subject to review by the Recreation and Community Development Committee, pursuant to Council Rule 2.214.

(4)

Interpret the BID Plan and approve development and redevelopment projects within Downtown, with the support of the Downtown Development Review Board in its role as established in Chapter 656 (Zoning Code), Part 3 (Schedule of District Regulations), Subpart H (Downtown Overlay Zone and Downtown District Regulations).

(5)

Hear appeals of the DDRB on all matters other than requests for and exceptions, variances, sign exceptions, and waivers from the Zoning Code, which matters are appealable only to the Council pursuant to Section 656.140, Ordinance Code.

(6)

Promulgate and amend the Downtown Design Guidelines.

(7)

Every five (5) years, the DIA Board shall review the BID Plan. The Board shall have the discretion to either update the BID plan in its entirety, or to update the business investment plan element and the community redevelopment plan element of the BID separately, at different times, subject to City Council approval. The Board shall also have the discretion to either adopt community redevelopment plans for Downtown in its entirety which such plans shall include both a Southside Community Redevelopment Area Plan and a Northbank Downtown Community Redevelopment Area Plan, or to adopt a Southside Community Redevelopment Area Plan and a Northbank Downtown Community Redevelopment Area Plan separately, at different times, subject to City Council approval.

(8)

Implement the BID Plan, and negotiate and grant final approval of downtown development and redevelopment agreements, grant agreements, license agreements, and lease agreements, including retail, commercial and ground lease agreements, subject to the Authority's budget without further action of Council, in furtherance of the BID Plan.

(9)

a.

Negotiate economic incentive packages for Downtown, just as OED does for areas outside of Downtown, and monitor compliance of the same pursuant to the City's approved Public Investment Policy, as may be amended from time to time, regarding Programs 1 through 27 contained in the BID Strategy document, with the assistance of the Economic Development Officer, and subject to the approval of Council. The Public Investment Policy was made operational by the 2006 JEDC Public Investment Policy Manual, and is hereby incorporated into the BID Plan by reference.

b.

Negotiate new DIA economic incentive packages as described in the BID Strategy for Projects and Programs contained within the BID Plan without the approval of the City Council, unless otherwise required in the BID Strategy and only if sufficient funds exist within the appropriate CRA Trust Fund, the DIA's approved budget, or by separate City Council appropriation.

c.

The Authority shall provide semi-annual reports to Council reflecting the status of compliance with incentive requirements and such reports shall be made available on-line.

(10)

To negotiate, assign and allocate development rights as Master Developer pursuant to the Downtown DRI Development Order.

(11)

Receive and administer grants from public and private sources in coordination with other City agencies, pursuant to Chapter 117, Ordinance Code.

(12)

Adopt bylaws, rules, resolutions, and orders prescribing the powers, duties, and functions of the officers of the Authority, the conduct of the business of the Authority, and the maintenance of the records, consistent with Florida Statutes and the Ordinance Code.

(13)

Maintain an office at such place or places in any City building as may be designated by the City.

(14)

Approve and execute all contracts and other documents, adopt all proceedings, and perform all acts determined by the Board to be necessary or desirable to carry out the purposes of this Chapter, subject to the approval, where applicable, of the City Council. The Board may authorize the CEO to execute contracts and other documents on behalf of the Board. The DIA shall forward executed final copies of all agreements and exhibits electronically to the Office of General Counsel for additional retention.

(15)

Prepare analyses of economic changes taking place within Downtown.

(16)

Study and analyze the impact of metropolitan growth with respect to Downtown.

(17)

Use only the services of the City's General Counsel to advise the Board in the proper performance of its duties. With the approval of the General Counsel, and subject to available funding, employ specialized outside private counsel, as set forth in Chapter 108 (Central Services), Part 5 (Legal Services). All agreements entered into by or on behalf of the Authority shall be prepared, reviewed and approved by the Office of General Counsel as to both form and legality, prior to execution by any party, pursuant to Section 108.505, Ordinance Code.

(18)

Lend, grant, or contribute funds to the City, and enter into agreements with such City agencies or departments regarding the use of such funds.

(19)

Enter into agreements with a Public Body with respect to action to be taken in the exercise of any of the powers granted to the DIA or in furtherance of the objectives of the DIA.

(20)

Acquire and dispose of City owned Downtown property acquired for or intended to be used for community redevelopment purposes in accordance with Chapter 122, Part 4 (Real Property), Subpart C, Ordinance Code (Community Redevelopment Real Property Dispositions).

(21)

Administer and manage the downtown tax increment finances ("TIF") for the Southside CRA via the Southside CRA Trust Fund, and Northbank Downtown CRA via the Northbank Downtown CRA Trust Fund. Said Trust Funds are established in Section 111.640, Ordinance Code. The Northbank Downtown CRA Trust Fund shall maintain two separate accounting records, one for the Downtown East CRA and one for the Northside West CRA, for the purpose of segregating funds required to satisfy outstanding obligations, if any, that were remaining at the time of the merger of the Downtown East CRA and the Northside West CRA pursuant to Ordinance 2000-1078-E and Section 500.114, Ordinance Code.

(22)

Receive, dispose of, and bond all authorized revenue. The power to authorize the issuance of bonds shall require Council approval.

(23)

Plan and propose Projects and Public facilities within Downtown.

(24)

Establish, operate, lease, and license within Downtown such Public facilities which in the Board's opinion would be feasible and desirable in the implementation of any plan conceived and executed by the Board.

(25)

Incur all or part of the expense of any Project or Public facility made by the city, state, or Federal Government, or any agency thereof, in exercising powers granted to the Authority, subject to the borrowing limitations set forth in Section 55.108(a)(2), Ordinance Code.

(26)

Report to the City Council annually on progress regarding benchmarks contained within the BID Plan. Such report shall be provided on or before submission of a budget request.

(Ord. 2012-364-E, § 2; Ord. 2012-680-E, § 1; Ord. 2014-560-E , § 11; Ord. 2016-140-E , § 14; Ord. 2016-765-E , § 4; Ord. 2018-555-E , § 1)