Thursday, March 30, 2017

Peacock's Real DIB Powers

Mini Mayor Peacock likes to believe he has the power.  Heck he's the Sixth most powerful person in Pensacola.

But lets look at what the DIB can actually do under the law.  Bold are my comments

In the performance of the functions vested in or assigned to the board, it is granted the following powers:
(a)
To enter into contracts and agreements, and to sue and be sued as a body corporate; So what!
(b)
To have and use a corporate seal;  Yippee!
(c)
To acquire, own, convey or otherwise dispose of, lease as lessor or lessee; construct, maintain, improve, enlarge, raze, relocate, operate and manage property and facilities of whatever type to which it holds title; and to grant and acquire licenses, easements and options with respect thereto; provided, however, any property owned by the board not used for public or governmental purposes will be subject to the applicable state and local taxes imposed thereon;  Build and manage stuff.
(d)
To accept grants and donations of any type of property, labor or other thing of value from any public or private source;  Beg for stuff
(e)
To receive the proceeds of the tax hereby imposed upon it by trusts or other agreements validly entered into by it;  Collect taxes
(f)
To have exclusive control of funds legally available to it, subject to limitations imposed upon it by law or by any agreement validly entered into by it; Manage Money
(g)
To cooperate and enter into agreements with other governmental agencies or other public bodies; Enter into agreements
(h)
To make to or receive from the city or Escambia County conveyances, leaseholds, grants, contributions, loans and other rights and privileges;  Get giveaways
(i)
To request by resolution that the city exercise its powers of eminent domain to acquire any real property for public purposes. If the property involved is acquired, the board shall take over and assume control of the property on terms mutually agreed upon between the city and the board, but the board shall not thereafter be authorized to sell, lease or otherwise dispose of the property so acquired without the formal consent of the city council; REQUEST
(j)
To issue and sell revenue certificates as hereinafter provided, or in any other manner permitted by law and not inconsistent with the provisions hereof, including the power to exchange revenue certificates for property, and to take all steps necessary for efficient preparation and marketing of the certificates at public or private sale at the best price obtainable, including the entry into agreements with corporate trustees, underwriters, and the holders of certificates, and the employment and payment, as a necessary expense of issuance, for the service of consultants on valuations, costs and feasibility of undertaking, revenues to be anticipated and other financial matters, architecture, engineering, legal matters, accounting matters and any other fields in which expert advice may be needed to effectuate advantageous issuance and marketing; Sell revenue certificates
(k)
To fix, regulate and collect rents, fees, rates and charges for facilities or projects or any parts thereof or services furnished by it or under its control and to pledge the revenue to the payment of revenue certificates issued by it; Rent facilities
(l)
To borrow money on its secured and unsecured notes, for a period not exceeding nine (9) months in an aggregate amount for all outstanding unsecured notes not exceeding fifty (50) percent of the unpledged proceeds received during the immediately prior fiscal year from the tax hereby imposed, and at an annual rate of interest not exceeding the rate being charged at the time of the loan by banks in the city on unsecured short-term loans to local businesses; Borrow money
(m)
To acquire by rental or otherwise and to equip and maintain a principal office for the conduct of its business and such branch offices as may be necessary; Have an office
(n)
To employ and prescribe the duties, authorities, compensation not to exceed the highest salary paid to other nonelective city employees and reimbursement of expenses of the executive director of the board, who shall act as its chief executive officer; a general counsel, who shall be an attorney in active Florida practice and so engaged at the time of appointment; and such other personnel as may be necessary from time to time; provided, its personnel shall not be under civil service regulations, and shall be employed to serve at its pleasure, and with the exception of its secretary, shall not while employed by it serve as a member of the board; Have an ED
(o)
To exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict herewith or inconsistent herewith; Blah Blah Blah
(p)
To establish development and taxing subdistricts within the downtown area for sectional development in accordance with the comprehensive plan; taxes acquired from said subdistricts to be utilized solely within the subdistrict area, said area not to be less than one city block in size; provided, however, that no subdistrict shall be established nor any tax imposed without the written approval of a majority of the electors located therein. No limitation shall be placed on the amount of taxes imposed under this subsection, said taxes to be levied only on the real property within the subdistrict area; Set districts
(q)
To raise funds by the issuance of bonds of the same types and in the same manner, with the same power and authority, and subject to the same limitations as are now provided by statute and charter for issuance of bonds by the city. The general provisions relating to the issuance of revenue certificates as set out in section 322 [section 11 of this article] shall apply to the issuance of such bonds. No such bonds shall be issued except on approval in a referendum. The referendum shall be held in accordance with the provisions of section 324 [section 13 of this article]. The aggregate amount of bonded indebtedness shall at no time exceed twenty (20) percent of the valuation of taxable property in the downtown area at the time of issuance. The term of the bonds may extend beyond the life of the board if the city shall have agreed to service and pay the bonds after the expiration of the board. In that event, after the board expires, the city shall continue to levy and collect any fees, charges or special taxes which have been authorized for the purpose of retiring the bonds. Any excess fees, charges or tax revenues remaining after retirement of the bonds shall be transferred to the general revenue fund of the city and such fees, charges and taxes shall not be levied in subsequent years. Issue Bonds

Thats it!!  No regulations, no laws, no parade route determination, no ordinances, no rules.

It manages parking by intergovernment agreement. They can't even rule on traffic tickets!

John Peacock and the DIB can only lobby the City (ie Hayward) for actions with COUNCIL making any decisions.

No one has to listen to a word Peacock says but poor Curt Morse.  

Peacock has no more authority over what happens in downtown than a dog has over choosing its brand of dog food.

1 comment:

Anonymous said...

So if they don't have authority, why should anyone pay their parking ticket?