A. 
It is the mission of the Anchorage Community Development Authority (ACDA) to:
1. 
Provide sufficient, high quality, customer-focused public parking by managing parking resources in a fair and efficient manner for the benefit of the residents of the municipality.
2. 
Create and develop opportunities that forward municipal goals and objectives, using innovation, partnerships, sound planning and incentives.
3. 
Engage in community and economic development opportunities, including but not limited to the acquisition of vacant or abandoned property and facilities, with a goal of encouraging economic growth, commercial development, and safe and vibrant neighborhoods, and furthering the goals and objectives of municipal plans and policies.
(AO No. 2008-124(S), § 1, 5-26-2009; AO No. 2018-44, § 1, 6-12-2018)
A. 
There is an Anchorage Community Development Authority, a public corporate authority of the municipality. The authority is an instrument of the municipality, but exists independently of and separately from the municipality, with powers under section 25.35.060. The authority shall continue to exist until terminated by ordinance. The municipality shall not terminate the authority unless and until all obligations of the authority have been paid or are otherwise provided for. When the authority's existence is terminated, all of its rights, assets and properties shall pass to the municipality.
B. 
Within the authority and reporting to the executive director are the following departments:
1. 
Parking Services Department, responsible for operating, managing and controlling on-street and off-street parking throughout the municipality.
2. 
Development Department, responsible for:
a. 
Acquiring or disposing of interests in real property;
b. 
Investigating and studying real estate conditions;
c. 
Designing, constructing, improving, altering or repairing property owned or managed by ACDA; and
d. 
Operating, managing and controlling land owned or managed by ACDA.
(AO No. 8-10(S); AO No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2007-48, § 1, 3-2-2007; AO No. 2008-124(S), § 1, 5-26-2009; AO No. 2018-62, § 2, 7-31-2018)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Authority," "community development authority," "ACDA," "development department," and "parking services department"
except where otherwise stated, all refer collectively to the Anchorage Community Development Authority.
"Bonds"
means bonds, notes and any other debt obligation of the authority.
"Labor organization"
means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
"Labor peace agreement"
means an agreement between a lessee, and any subcontractor thereof, and a labor organization representing hotel employees in the Municipality of Anchorage that requires the labor organization and its members to refrain from engaging in labor activity that may disrupt the operations of the hotel, including, but not limited to, strikes, boycotts, work stoppages and picketing.
"MOA" or "municipality"
means the Municipality of Anchorage.
"Off-street parking facility"
means any real property or improvement to real property not within a public right-of-way, used or designed to be used for the parking of motor vehicles, and any improvement to real property subordinate, accessory or reasonably related to that use, including but not limited to building space to be leased for retail, commercial or office purposes.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2008-124(S), § 1, 5-26-2009; AO No. 2018-62, § 3, 7-31-2018; AO No. 2018-91(S), § 1, 12-4-2018)
A. 
The Anchorage Community Development Authority is authorized to enforce parking violations. This delegation is limited in both scope and area.
B. 
The authorization to enforce parking violations is limited to the downtown area bounded by Ship Creek on the north, Gambell Street on the east, 10th Avenue on the south, and M Street on the West, exclusive of parking restrictions established pursuant to an approved residential parking program under chapter 9.65.
C. 
As used in this section, the phrase "parking violations" includes violation of code or municipal regulations governing:
1. 
Expired or covered parking meters (sections 9.34.040 and 9.34.080B);
2. 
Posted loading zones (sections 9.32.020, 9.32.030, 9.32.050, 9.32.060 and 9.32.070);
3. 
Red zones (section 9.30.030A.10);
4. 
Closures for snow plowing or other permitted activities (sections 9.14.030A, 9.30.130, 24.25.040A, B, C, or D, and section 24.25.060);
5. 
Parking in fire zone or in front of a fire hydrant (section 9.30.030A.11 to A.12);
6. 
Parking reserved for persons with disabilities (section 9.30.235A and municipal regulation section R9.06.002F), provided that a citation for illegally parking in a parking space designated for the disabled shall be dismissed (or voided) if the person cited produces proof of a special permit in accordance with section 9.30.235; and
7. 
Improper parking (sections 9.30.010A, 9.30.030A and B, and sections 9.34.030C and D).
D. 
"Enforce" for purposes of this section does not include independent authority to boot a vehicle or impound a vehicle by seizure and removal under section 9.30.260. Booting or impoundment by seizure and removal by the Anchorage Community Development Authority shall only be at the direction of a police officer.
E. 
"Parking violations" does not include violations unrelated to parking, including expired license plates (section 9.30.155A), expired license tags (section 9.30.155A), studded tires (section 930.230), expired registration (sections 9.30.155A.4 and 9.52.030), or expired I/M certifications (sections 15.080.010A and 15.80.060C).
F. 
Current municipal parking codes enforceable under the limited delegation shall be published electronically on the Anchorage Community Development Authority municipal website.
G. 
(Reserved)
(AO No. 2011-65, § 2, 6-28-2011, eff. 8-1-2011; AO No. 2011-107, § 2, 11-8-2011; AO No. 2013-32, § 2, 2-26-2013; AO No. 2014-35, § 1, 3-11-2014)
A. 
The authority shall be governed by a board of directors consisting of nine members appointed by the mayor subject to confirmation by the assembly. Members shall be appointed based on relevant expertise and experience. Board members shall be qualified as follows:
1. 
One member shall have private sector experience in finance, banking, or business administration;
2. 
One member shall be a member in good standing of the Alaska Bar with experience in commercial law or construction law;
3. 
One member shall have private sector experience in project management, commercial construction, or commercial real estate development;
4. 
One member shall have relevant experience, or a degree, in planning, engineering, or architectural design;
5. 
Two of the nine members appointed by the mayor shall be executive employees of the municipality, one of which shall be the MOA chief fiscal officer;
6. 
Three members will represent a diversity of background, education and interests to complement the purposes of this chapter.
B. 
In addition, two assembly members shall be appointed by the assembly to serve as ex officio members of the board.
C. 
When transmitting to the assembly for confirmation the names of appointees to the authority, the mayor shall cause a notice of a ten-day comment period inviting public comment on the qualifications of such appointees to be published. The notice shall advise that comments shall be in writing and filed with the municipal clerk. Upon receipt, the municipal clerk shall forward comments received to the mayor and the assembly. The assembly shall not take action on any appointment to the authority until after the close of the public comment period.
D. 
The board of directors is not subject to title 4, but shall be subject to applicable State of Alaska law regarding meetings of public authorities.
E. 
A majority of the authorized members of the board of directors shall be a quorum for the transaction of business. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time or date.
F. 
The board of directors shall establish its own procedural rules and order of business, except as otherwise provided by law. In all matters of procedure not covered by rules adopted by the board, Robert's Rules of Order, as revised, shall be applicable and shall govern.
(AO No. 84-10(S); AO No. 84-250; AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2006-50, § 1, 4-11-2006; AO No. 2009-134, § 1, 1-12-2010; AO No. 2018-62, § 4, 7-31-2018)
A. 
The Executive Director shall be appointed by and serve at the pleasure of the Mayor, subject to confirmation by the Assembly.
(AO No. 84-10(S); AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2007-48, § 2, 3-2-2007)
A. 
The MOA chief fiscal officer also shall be advisor to the authority regarding its financial affairs, including but not limited to establishing, maintaining, and investing the authority's funds. The MOA chief fiscal officer, auditors appointed by the Authority Board, and the MOA internal auditor may examine and audit the books and records of the authority regarding its financial affairs, and the MOA chief fiscal officer and the MOA internal auditor may make recommendations to the authority, the mayor and the assembly regarding the authority's financial affairs.
B. 
The chief fiscal officer shall be custodian of the authority's funds. Notwithstanding section 25.35.060C, the authority shall comply with and utilize the competitive bidding processes of title 7 for procurement of supplies only.
(AO No. 84-10(S); AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2008-124(S), § 1, 5-26-2009; AO No. 2018-62, § 5, 7-31-2018)
The municipal attorney shall advise and assist the authority on legal matters.
(AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
A. 
In furtherance of its corporate purposes, the authority has the following powers, in addition to its other powers, subject to the approval of the mayor and the assembly as required by the Charter:
1. 
To sue and be sued.
2. 
To have a seal and alter it at pleasure.
3. 
To adopt, amend and repeal bylaws for its organization and internal management, however, bylaws regarding notice of meetings shall be adopted consistent with section 1.25.015.
4. 
To operate, manage and control land and facilities in authority inventory.
5. 
To design, construct, improve, alter or repair land and facilities in authority inventory in accordance with section 25.35.170.
6. 
To acquire an interest in real property or a facility as necessary or appropriate to provide financing for the facility, whether by purchase, gift or lease.
7. 
As authorized by ordinance in accordance with the Charter, to lease to others municipal land or facilities in authority inventory for rentals and upon the terms and conditions the authority may consider advisable, including, without limitation, provisions for options to purchase or renew.
8. 
To acquire, own, sell, lease, exchange, donate, convey or encumber in any manner, by mortgage or by creation of any other security interest, real or personal property owned by it or in which it has an interest. Development authority action involving leasing, purchasing or selling of real property with a value of over $6,000,000.00 must have approval of the assembly.
9. 
As authorized by ordinance setting forth the form and manner of sale of bonds and notes in accordance with the Charter, to issue bonds in accordance with section 25.35.070 to pay the cost of a facility or to retire any bonds previously issued by it, and to secure payment of the bonds as provided in this chapter.
10. 
Subject to section 13.08 of the Charter, to accept gifts, grants or loans from and enter into contracts, partnerships, joint ventures and similar agreements, or other transactions regarding them with any governmental or private agency or entity as the authority considers appropriate.
11. 
To purchase its bonds, with all bonds so purchased to be cancelled.
B. 
The authority also shall have the following powers:
1. 
To investigate and study real estate, housing and parking conditions in the municipality.
2. 
To establish and revise rent and fee schedules for land and facilities in authority inventory, including on-street parking in the municipality, for off-street parking owned or managed by the authority, and off-street public parking owned by the municipality; provided that the authority shall not require payment for on-street parking before 11:00 a.m. on Saturdays, Sundays or public holidays as restricted in section 9.34.010C.
3. 
To make and enforce rules governing the use of land and facilities in authority inventory.
4. 
To manage land and facilities in authority inventory, including but not limited to off-street public parking facilities and spaces designated by the municipal traffic engineer for on-street parking; provided that the authority shall not require payment for on-street parking before 11:00 a.m. on Saturdays, Sundays or public holidays as restricted in section 9.34.010C.
5. 
Subject to section 13.08 of the Charter, to enter into contracts or agreements with respect to the exercise of any of its powers and to do all things necessary or convenient to carry out its corporate purposes and exercise the powers granted in this chapter.
6. 
To enforce, through its employees, agents or designees (i.e., the fire department, Anchorage Health Department or other municipal agencies), the provisions of the Code.
C. 
Except as this chapter provides otherwise, the authority is not subject to Titles 3, 6, 7 or other chapters of Title 25.
(AO No. 84-10(S); AO No. 89-69(S); AO No. 92-28; AO No. 94-132(S), § 7, 8-25-1994; AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2008-124(S), § 1, 5-26-2009; AO No. 2017-94(S), § 2, 6-27-2017; AO No. 2018-62, § 6, 7-31-2018; AO No. 2018-118, § 2, 1-1-2019)
A. 
Designation and withdrawal of municipal land to the authority. The mayor, with assembly approval, or a super majority of the assembly may designate municipal land, interests in land, or facilities for placement in the Anchorage Community Development Authority inventory. Such land, interests in land, or facilities designated for the authority shall be consistent with the authority's purpose, and will generally be:
1. 
Land not reserved for a specific future municipal use, or needed for future municipal uses; or
2. 
Land determined to be excess to present or future municipal needs and which may have present or future market value for industrial, commercial, residential, recreational, institutional, or other development.
3. 
A designation for withdrawal shall include a pro forma projecting a positive revenue stream within five (5) years. A placement without a positive revenue stream within five (5) years shall be reported to the assembly.
B. 
Withdrawal of land or facilities from authority inventory. The mayor, with assembly approval, may withdraw land or facilities previously placed in authority inventory pursuant to subsection A from the authority inventory for any lawful municipal purpose, consistent with the comprehensive plan and implementing measures or applicable site specific land use studies. Such a withdrawal shall become effective only after at least 30 days' prior written notice to the authority board of directors, and after at least one public hearing regarding the proposed withdrawal. If land is withdrawn from the authority inventory for use and management by a non-municipal public agency which is not supported by municipal taxes, compensation shall be paid to the authority for at least the current appraised fair market value of the land, unless otherwise provided in this chapter.
1. 
During the pendency of the withdrawal process or any hearing thereon, no action shall be taken by the authority to encumber, transfer, sell, lease or otherwise change the status of ownership.
2. 
Any assembly action to withdraw land or facilities from the authority shall require a super majority.
(AO No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2018-62, § 7, 7-31-2018)
In each instance in which the authority proposes to enter into a lease of property that permits development of the property as a hotel, and from which the authority will derive revenue, the authority shall make it a material condition of submission of a responsive bid for the development or use, if a request for bids is issued, and, in any case, shall require as a condition precedent for entering into the lease and as an ongoing material term of the lease, that the lessee and any entities selected by the lessee to operate all or part of the hotel, enter into and maintain a labor peace agreement covering the hotel component of the property with each labor organization which represents, or reasonably might represent, workers on the project, requiring the labor organization, on behalf of itself and its members, to forego its right to strike, picket, boycott, or take other economic action detrimental to the hotel project or operations.
(AO No. 2018-91(S), § 2, 12-4-2018)
A. 
Bonds of the authority are authorized by resolution of its board of directors and shall be dated and shall mature as the resolution may provide. Bonds shall bear interest at the rate, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place and be subject to the terms of redemption which the resolution or a subsequent resolution may provide.
B. 
All bonds, regardless of form or character, shall be negotiable instruments for all the purposes of the Uniform Commercial Code.
C. 
The form and manner of sale of bonds and notes pursuant to this section shall be authorized by ordinance in accordance with the Charter.
(AO No. 84-10(S); AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
As authorized by ordinance in accordance with the Charter, the authority may issue bonds, including but not limited to bonds on which the principal and interest are payable exclusively from the income and revenue of the municipal land and/or facilities, including an off-street parking facility, financed with the proceeds of the bonds, exclusively from the income and revenue of those facilities whether or not they are financed in whole or in part with the proceeds of the bonds, or from the authority's revenue generally. Bonds may be secured additionally by a pledge of a grant or contribution from the federal or state government or from another source, by a pledge of income or revenue of the authority, or by a mortgage of land or facilities in the inventory of the authority or a pledge of authority revenues.
(AO No. 84-10(S); AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2018-62, § 8, 7-31-2018)
A. 
Neither the members of the authority's board of directors nor a person executing the bonds are personally liable on the bonds or are subject to personal liability or accountability by reason of issuance of the bonds.
B. 
The bonds issued by the authority do not constitute an indebtedness or other liability of the state or the municipality or other political subdivision of the state, except the authority, but shall be payable solely from the income and receipts or other funds or property of the authority. The authority may not pledge the faith or credit of the state or the municipality or other political subdivision of the state, except the authority, to the payment of a bond, and the issuance of a bond by the authority does not directly or indirectly or contingently obligate the state or the municipality or other political subdivision of the state to apply money from or levy or pledge any form of taxation whatever to the payment of the bond.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
The municipality pledges to and agrees with the holders of the bonds issued under this chapter that the municipality will not limit or alter the rights vested in the authority to establish and collect fees or other charges convenient or necessary to produce sufficient revenues to meet the expenses of operation of the authority and to fulfill the terms of any agreement made with the holders of its bonds or in any way impair the rights or remedies of the holders of the bonds until the bonds, together with the interest on them with interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders, are fully met and discharged.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
A. 
In the discretion of the authority, and as authorized by an ordinance setting forth the form and manner of sale of bonds in accordance with the Charter, an issue of bonds may be secured by a trust indenture or trust agreement between the authority and a corporate trustee (which may be a trust company, bank or national banking association with corporate trust powers, located inside or outside the state) or by a secured loan agreement or other instrument or under a resolution giving powers to a corporate trustee (referred to in this section as trust agreement) by means of which the authority may:
1. 
Make and enter into any and all the covenants and agreements with the trustee or the holders of the bonds which the authority may determine to be necessary or desirable, including, without limitation, covenants, provisions, limitations and agreements as to:
a. 
The application, investment, deposit, use and disposition of the proceeds of bonds of the authority or of money or other property of the authority or in which it has an interest;
b. 
The fixing and collection of rents or other consideration for and the other terms to be incorporated in a lease or contract of sale of land or facilities in the authority inventory;
c. 
The assignment by the authority of its rights in the lease or contract of sale of land or facilities in the authority inventory or in a mortgage or other security interest created with respect to land or facilities in the authority inventory to a trustee for the benefit of bondholders;
d. 
The terms and conditions upon which additional bonds of the authority may be issued;
e. 
The vesting in a trustee of rights, powers, duties, funds or property in trust for the benefit of bondholders, including, without limitation, the right to enforce payment, performance and all other rights of the authority or of the bondholders, under a lease, contract of sale, mortgage, security agreement or trust agreement with respect to land or facilities in the authority inventory by mandamus or other proceeding or by taking possession of by agent or otherwise and operating land or facilities in the authority inventory and collecting rents or other consideration and applying the rents or other consideration in accordance with the trust agreement;
2. 
Pledge, mortgage or assign money, leases, agreements, property or other assets of the authority either presently in hand or to be received in the future or both; and
3. 
Provide for any other matters of like or different character which in any way affect the security or protection of the bonds.
(AO No. 84-10(S); AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2018-62, § 9, 7-31-2018)
A. 
The real and personal property of the authority and its assets, income and receipts are declared to be the property of a political subdivision of the state and, together with any municipal land or facilities in the authority inventory, including an off-street parking facility, financed under this chapter, devoted to an essential public and governmental function and purpose, and the property, assets, income, receipts and facilities, including any off-street parking facility, shall be exempt from all municipal taxes.
B. 
Nothing in this section creates a tax exemption with respect to the interest of any business enterprise or other person, other than the authority, in any property, assets, income, receipts, facilities or off-street parking facility, whether or not financed under this chapter.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
A. 
It is the public policy of the municipality to require the authority to pay a municipal service assessment for governmental services provided by the municipality, other than those services received on a contract or interfund basis between the authority and the municipality.
B. 
The MESA for the authority shall be calculated by applying the mill rate established annually by the assembly for each service area where the authority's owned property is located to the net book value of the authority's owned property in each of those service areas, plus 1.25 percent of the authority's actual gross operating revenues for the calendar year preceding the MESA payment. MESA = (net book value × mill rate) + (1.25% × actual gross operating revenue).
C. 
For purposes of this section, the following terms are defined as follows:
1. 
Mill rate shall mean the general property tax mill rate levied area-wide and in the service areas where the authority's owned property is located for the calendar year preceding the MESA payment;
2. 
Net book value means book value owned assets which are net of accumulated depreciation and amortization;
3. 
Property means owned personal property and real property which is placed in service; and
4. 
Gross operating revenue means:
a. 
Total operating revenues for the parking services department; and
b. 
Total operating revenues plus cash contributions less total operating expenses excluding depreciation in the development department, as calculated in the audited financial statements.
D. 
The payment of MESA shall be made on the first business day of July of each calendar year.
(AO No. 2002-77, § 1, 6-25-2002; AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2008-124(S), § 1, 5-26-2009; AO No. 2014-57(S), § 3, 5-20-2014)
Any public body, officer or agency of the municipality may:
A. 
Cooperate with the authority in the planning, construction or operation of municipal land or facilities in the authority inventory, including an off-street parking facility;
B. 
Purchase bonds of the authority; and
C. 
In general, do all things necessary to cooperate in the planning, construction or operation of municipal land or facilities in the authority inventory, including an off-street parking facility.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
The authority shall file with the mayor and the assembly an annual report, and schedule an annual work session, of its activities and shall make recommendations for the legislation or other action it considers necessary to carry out its corporate purposes. The authority shall include in its annual report an estimate of the amount of the bonds to be issued during the following 12-month period. The annual report shall include an annual audit, including income, expenditures, investment and inventory.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
The authority shall prepare and submit an annual budget to the mayor and the assembly prior to approval of the municipality's annual budget.
(AO No. 84-10(S); AO No. 89-69(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
The authority shall be subject to the audit requirements of the Charter and title 6.
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005)
All plans of the authority to acquire, design, construct, improve, alter or repair municipal land or facilities in the authority inventory, including an off-street parking facility or any part of an off-street parking facility, are subject to any review that may be required under sections 21.15.015 and 21.15.025 (Old Code) or section 21.03.140 (New Code).
(AO No. 84-10(S); AO. No. 2004-181(S-1), § 2, 1-18-2005; AO No. 2018-62, § 10, 7-31-2018)