Downtown Market Street "Upstairs Building Improvements Program".
Wilmington City Code § 2-150.8.1
in effectSec. 2-150.8.1. - Downtown Market Street "Upstairs Building Improvements Program".
(a) Establishment. There is hereby established the Upstairs Building Improvements Program ("Upstairs Program") within the downtown area of Wilmington, specifically within the area to be known as the Downtown Market Street Upstairs District ("Upstairs District"). The purpose of the Upstairs Program is to facilitate the coordination of private sector improvements, particularly for residential, restaurant and retail, and small business development in the Upstairs District, through public sector property acquisitions "gap" funding assistance and public sector infrastructure improvements.
(b) Boundaries of Market Street Upstairs Program District, the "Upstairs District". The boundaries of the referenced Upstairs District shall be the northerly side of Martin Luther King, Jr. Boulevard to the southerly side of 10 th Street between the westerly side of King Street and the easterly side of Shipley Street, hereinafter known as the "Upstairs District", the boundaries of which are also co-extensive with the boundaries of the Lower Market Street Historic District and the Market Street City Historic District. (See Exhibit "A", map attached hereto and made a part hereof).
(c) Upstairs District Improvements Fund. There is hereby authorized an Upstairs District Improvements Fund ("Upstairs Fund") for city funding through the city's six-year capital programs and annual capital budgets, in two-year funding cycles, funding in amounts to be determined in each fiscal year for the Upstairs Program.
(d) Office of economic development ("OED") regulations. The OED is hereby authorized to prepare and to promulgate a set of regulations, subject to review and approval of the administrative board, to be applicable to the administration of the Upstairs Program, as authorized by this section. Such regulations shall be applicable to all buildings and common areas, streets and sidewalks, plazas and other public places within the Upstairs District. Except for publicly owned property, the regulations shall include requirements that recipients of funding through the Upstairs Program agree to waive in writing any property tax abatement pursuant to the city's tax incentive programs in Article III of Chapter 44 of the City Code. All regulations shall be administered and enforced in accordance with all applicable provisions of the City Charter and Code.
(e) Upstairs Funding Review Committee. There is hereby established an "Upstairs Funding Review Committee" for the purpose of reviewing proposed property acquisitions and applications for loans or grants, or a combination thereof, of city funds for the purposes of providing "gap" funding for building and infrastructure improvements in the Upstairs District. The members of the Upstairs Funding Review Committee shall be:
(1) The mayor's chief of staff;
(2) The city's director of finance;
(3) The city's director of the office of economic development ("director of OED") who shall be the Chair of the Upstairs Funding Review Committee;
(4) The city treasurer;
(5) The city council president;
(6) The chair of the city council finance committee;
(7) The director of the city's office of management and budget;
(8) Council member for the 4 th councilmanic district; and
(9) City council chief of staff.
The Upstairs Funding Review Committee ("committee") shall administer the regulations promulgated by the OED, adopt rules of procedure, and keep and maintain committee minutes and other requisite records of its proceedings. The director of OED is hereby authorized to engage outside advisory assistance from persons with expertise in banking, engineering, construction and similar pursuits to advise the director of OED and the committee. No advisory persons shall be voting members of the committee.
(f) City general obligation bonds. The city treasurer and the city solicitor, together with outside bond counsel, are hereby authorized to recommend the issuance of city general obligation bonds, to be subject to the approval by ordinance of the mayor and council, for the borrowing of funds to be used in the city's Upstairs Program funding. Initially, for fiscal year 2009, the authorized borrowing shall be in an amount of up to $15,000,000.00. Based on a review of the performance of the Upstairs Program, by the Upstairs Funding Review Committee, subsequent future dollar amounts for authorized borrowings shall be approved through the city's capital program and capital budget ordinances and through the city's general obligation bond ordinances.
(Ord. No. 08-085(sub 1), § 1, 12-11-08)
Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTIIIBOCOSIEN_DIV14SPFODI_S2-150.8.1DOMASTUPBUIMPRFetched: 11/6/2026