RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

March 01,2010

 

ART SHAD, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, March 01,2010.  The meeting was called to order at 10:02 A.M. by Committee Chair Art Shad.  The meeting was adjourned at 11:50 A.M.

 

 

 

Members in Attendance:                                                    Staff Attendance:

                 

                      CM Art Shad, Chair                                                          Philip Zamarron, Legislative Aide

                      CM Jack Webb, Vice Chair                                               Heather Norsworthy, Asst. Auditor

                       CM Bill Bishop                                                                 Peggy Sidman, Attorney

                       CM Michael Corrigan                                                       Rick Campbell, Research Asst.

                       CM John Crescimbeni                                                       Sherry Hall, Administration

                      CM Denise Lee- Arrived 10:20                                          

                       CM Clay Yarborough

                       

 

 

 

 

Others in Attendance:

 

 

CM Redman (10-38)

Scott Shine (10-127)

M.G Orender (10-132)

Leslie Goller (10-129)

Carla Miller, Ethics Officer (10-135)

Annette Hastings, TDC (10-132)

Martha Shirko (2009-895 & 10-135)

John Nooney (2009-895 & 2010-135)

Joe Adams, Times Union

Dan Scanlan, Times Union

Joe Wilhelm, Dailey Record

Chris Sutton, Mayor’s Office

 

 

 

1.    2010-127   A RESOLUTION APPOINTING F. SCOTT SHINE AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, REPLACING SUSAN GRANDIN AS A GENERAL PUBLIC REPRESENTATIVE, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A FIRST TERM EXPIRING DECEMBER 31, 2012; PROVIDING AN EFFECTIVE DATE; 2/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Corrigan, Crescimbeni, Shad, Webb, Yarborough, ( 6 )

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2.    2010-132   A RESOLUTION APPOINTING M.G. ORENDER AS A MEMBER OF THE DUVAL COUNTY TOURIST DEVELOPMENT COUNCIL, REPLACING JAMES EWING AS A TOURIST INDUSTRY REPRESENTATIVE, PURSUANT TO CHAPTER 70, ORDINANCE CODE, AND SEC. 125.0104, FLORIDA STATUTES, FOR A TERM ENDING JUNE 30, 2012; PROVIDING AN EFFECTIVE DATE; 2/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Corrigan, Crescimbeni, Shad, Webb, Yarborough, ( 6 )

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3.    2010-38   AN ORDINANCE RELATING TO THE TERMS AND ELECTIONS OF CITY OF JACKSONVILLE OFFICIALS, AND SETTING A PUBLIC STRAW BALLOT VOTE REFERENDUM TO DETERMINE IF THE ELECTORS OF THE CITY OF JACKSONVILLE FAVOR AMENDING THE CHARTER OF THE CITY OF JACKSONVILLE, CHAPTER 92-341, LAWS OF FLORIDA, AS AMENDED, (1) TO CHANGE THE DATE OF ELECTIONS FOR  THE OFFICES OF THE MAYOR, COUNCIL MEMBERS, AND THE SHERIFF, SUPERVISOR OF ELECTIONS, PROPERTY APPRAISER, AND TAX COLLECTOR, FROM SPRING CYCLES TO FALL CYCLES, AND (2) TO HAVE THOSE FALL CYCLES WITH THE GOVERNOR'S RACE AS OPPOSED TO THE FALL OF ODD YEARS, AND (3) TO PROVIDE FOR INCREASED OR DECREASED TERMS OF ELECTED OFFICIALS TO FACILITATE CHANGED ELECTION DATES; DIRECTING THE SUPERVISOR OF ELECTIONS TO PLACE THE REFERENDUM QUESTIONS ON THE 2010 GUBERNATORIAL PRIMARY ELECTION BALLOT ON AUGUST 24, 2010; PROVIDING NOTICE TO THE ELECTORATE; PROVIDING AN OFFICIAL BALLOT AND TITLE; PROVIDING AN EFFECTIVE DATE; 2/1/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend to APPROVE.

 

AYES - Yarborough, ( 1 )

 

NAYS - Bishop, Corrigan, Crescimbeni, Lee, Shad, Webb, ( 6 )

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4.    2010-126   AN ORDINANCE AMENDING SECTION 95.102 (INTENT OF COUNCIL), ORDINANCE CODE, TO REMOVE REFERENCE TO REPEALED FLORIDA STATUTE §373.191; PROVIDING AN EFFECTIVE DATE; 2/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION & COMMUNITY DEVELOPMENT: February 17, 2010

 

Recommend be READ for the SECOND time and REREFERRED to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Corrigan, Crescimbeni, Lee, Shad, Webb, Yarborough, ( 7 )

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5.    2010-133   A ORDINANCE CONFIRMING THE MAYOR'S APPOINTMENT OF VALERIE HENDRIEX TO THE PLANNING COMMISSION, REPRESENTING PLANNING DISTRICT 1, REPLACING WAYNE E. JOHNSON, II, PURSUANT TO CHAPTER 30, ORDINANCE CODE, FOR A PARTIAL TERM TO EXPIRE OCTOBER 1, 2011; WAIVING SECTION 30.201 (ESTABLISHMENT; MEMBERSHIP), ORDINANCE CODE, REQUIRING THE COMMISSIONER RESIDE OR OWN A BUSINESS IN THE URBAN CORE; PROVIDING AN EFFECTIVE DATE; 2/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Corrigan, Crescimbeni, Lee, Shad, Webb, Yarborough, ( 7 )

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6.    2010-134   AN ORDINANCE RELATING TO THE TERMS AND ELECTIONS OF CITY OF JACKSONVILLE OFFICIALS AND THE IMPENDING PUBLIC REFERENDUM APPROVED IN ORDINANCE 2009-893-E; AMENDING ORDINANCE 2009-893-E TO CORRECT A SCRIVENER'S ERROR IN SECTION 6 OF ORDINANCE 2009-893-E TO CLARIFY THAT THE TERMS OF THE OFFICES OF THE MAYOR, COUNCIL MEMBERS, AND THE SHERIFF, SUPERVISOR OF ELECTIONS, PROPERTY APPRAISER, AND TAX COLLECTOR THAT WILL BE EXTENDED BY SIX MONTHS IF THE REFERENDUM IS APPROVED IS THE 2007 TERM AND NOT THE 2011 TERM; MAKING NO OTHER CHANGES TO ORDINANCE 2009-893-E; PROVIDING AN EFFECTIVE DATE; 2/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Corrigan, Crescimbeni, Lee, Shad, Webb, Yarborough, ( 7 )

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7.    2010-175   A RESOLUTION RECOGNIZING AND COMMENDING THE BOLLES SCHOOL'S ATHLETIC SUCCESS FOR 2008-2009; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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8.    2010-136   A RESOLUTION REAPPOINTING PENELOPE "PENNY" STEEPLE THOMPSON AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, REPRESENTING THE GENERAL PUBLIC, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A SECOND TERM EXPIRING DECEMBER 31, 2013; PROVIDING AN EFFECTIVE DATE; 2/16/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: March 01, 2010

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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9.    2010-156   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MICHELE L. A. ROLLINS, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE HUMAN RIGHTS COMMISSION, REPLACING JAMES B. CROOKS, PURSUANT TO CHAPTER 60, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE DECEMBER 31, 2010; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and REREFER.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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10.    2010-164   A RESOLUTION RECOGNIZING AND COMMENDING JACKSONVILLE PUBLIC LIBRARY'S WESTBROOK BRANCH LIBRARY'S 50 YEARS OF SERVICE TO THE PAXON/BILTMORE COMMUNITY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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11.    2010-165   A RESOLUTION COMMENDING AND CONGRATULATING ALAN MOSLEY FOR HIS LONG AND DISTINGUISHED CAREER WITH THE CITY OF JACKSONVILLE UPON THE OCCASION OF HIS DEPARTURE FOR OTHER PROFESSIONAL CHALLENGES; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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12.    2010-166   A RESOLUTION HONORING AND COMMENDING FRANCES PADGETT FOR HER DECADES OF SERVICE TO THE CITY OF JACKSONVILLE, PARTICULARLY IN THE ARLINGTON COMMUNITY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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13.    2010-176   A RESOLUTION DECLARING THE WEEK OF APRIL 18-24, 2010 AS VICTIMS' RIGHTS WEEK IN JACKSONVILLE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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14.    2010-177   A RESOLUTION DECLARING THE WEEK OF APRIL 11-17, 2010 AS CHILDREN'S WEEK IN JACKSONVILLE AND APRIL 13TH AS PARENTS AND CHILDREN'S DAY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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15.    2010-178   A RESOLUTION RECOGNIZING AND COMMENDING THE WOMEN'S GIVING ALLIANCE FOR ITS GENEROUS PHILANTHROPY IN NORTHEAST FLORIDA; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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16.    2010-179   A RESOLUTION COMMENDING THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS' "DAY OF SERVICE" ON APRIL 24, 2010 AND URGING JACKSONVILLE RESIDENTS TO JOIN THE EFFORT TO "FILL THE BANKS" WITH DONATIONS OF BLOOD AND FOOD FOR THOSE IN NEED; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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17.    2010-180   A RESOLUTION HONORING AND COMMENDING TOM PATANIA FOR HIS OUTSTANDING WORK AT JACKSONVILLE'S YOUTH CRISIS CENTER; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Corrigan, Crescimbeni, Lee, Webb, Yarborough, ( 5 )

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2ND READINGS

 

18.    2010-152   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF NORMEDS ROAD, IN COUNCIL DISTRICT 6, OBTAINED BY THE CITY OF JACKSONVILLE ON FEBRUARY 15, 1977, VIA A DEED OF DEDICATION RECORDED IN OR 4386-936 OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA (THE "SUBJECT PROPERTY"), AT THE REQUEST OF THE ENGINEERING DIVISION OF THE CITY'S DEPARTMENT OF PUBLIC WORKS; DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO CONVEY THE SUBJECT PROPERTY TO THE LONE, ABUTTING PROPERTY OWNERS, BARRY S. AND PATRICIA A. VAUGHN, IN EXCHANGE FOR THE PORTION OF THE RIGHT-OF-WAY CONVEYED BY THE VAUGHNS TO THE CITY VIA A WARRANTY DEED, RECORDED IN OR 15138-1027, SUCH PORTION OF THE RIGHT-OF-WAY BEING NECESSARY TO FACILITATE THE CONSTRUCTION OF A CUL-DE-SAC AT THE END OF NORMEDS ROAD SO AS TO IMPROVE EMERGENCY VEHICLE ACCESS AND STORMWATER DRAINAGE; WAIVING THE PROVISIONS OF SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF THE SUBJECT PROPERTY TO THE VAUGHNS IN EXCHANGE FOR THE PORTION OF THE RIGHT-OF-WAY CONVEYED BY THE VAUGHNS TO THE CITY FOR CONSTRUCTION OF THE CUL-DE-SAC; PROVIDING AN EFFECTIVE DATE

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19.    2010-154   A RESOLUTION APPOINTING CHRISTOPHER COLLIER DOSTIE, AS A MEMBER OF THE INDUSTRIAL TECHNICAL ADVISORY COMMITTEE, PURSUANT TO CHAPTER 30, PART 7, ORDINANCE CODE, AS A RESIDENTIAL BUILDER, FILLING THE SLOT FORMERLY HELD BY BROCK MIKOSKY, FOR A TERM ENDING JUNE 30, 2011; PROVIDING AN EFFECTIVE DATE

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20.    2010-155   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF KAREN E. BOWLING, A DUVAL COUNTY RESIDENT, TO JEA, REPLACING CATHY B. WHATLEY, PURSUANT TO ARTICLE 21, JACKSONVILLE CITY CHARTER, FOR A FIRST FULL TERM EXPIRING ON FEBRUARY 28, 2014; PROVIDING AN EFFECTIVE DATE

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21.    2010-158   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF JOHN S. BUNKER TO THE ART IN PUBLIC PLACES COMMITTEE AS A LAY PERSON REPRESENTING PLANNING DISTRICT #4, FOR A SECOND FULL TERM EXPIRING DECEMBER 31, 2012; PROVIDING AN EFFECTIVE DATE

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22.    2010-157   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MARC EL HASSAN, A DUVAL COUNTY RESIDENT, TO THE TRUE COMMISSION (TAXATION REVENUE & UTILIZATION OF EXPENDITURES), REPLACING PAMELA V. KORN, PURSUANT TO CHAPTER 57, ORDINANCE CODE, FOR AN UNEXPIRED TERM TO EXPIRE JUNE 30, 2010 AND APPOINTING MARC EL HASSAN TO THE TRUE COMMISSION FOR A FIRST FULL TERM TO EXPIRE JUNE 30, 2013; PROVIDING AN EFFECTIVE DATE

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23.    2010-159   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF DONALD P. HINSON, A DUVAL COUNTY RESIDENT, TO THE JACKSONVILLE TRANSPORTATION AUTHORITY, PURSUANT TO CHAPTER 349, FLORIDA STATUTES, FOR A SECOND FULL TERM TO EXPIRE MAY 31, 2013; PROVIDING AN EFFECTIVE DATE

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24.    2010-160   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF CYNTHIA B. AUSTIN, A DUVAL COUNTY RESIDENT, TO JEA, PURSUANT TO ARTICLE 21, JACKSONVILLE CHARTER, FOR A SECOND FULL TERM EXPIRING FEBRUARY 28, 2014; PROVIDING AN EFFECTIVE DATE

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25.    2010-161   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF HERSCHEL T. VINYARD TO THE JACKSONVILLE PORT AUTHORITY, PURSUANT TO ARTICLE 5 (JACKSONVILLE PORT AUTHORITY), RELATED LAWS, FOR A FIRST FULL TERM TO EXPIRE SEPTEMBER 30, 2013; PROVIDING AN EFFECTIVE DATE

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26.    2010-162   A RESOLUTION CONFIRMING THE MAYOR'S REAPPOINTMENT OF MAI DINH KEISLING, A DUVAL COUNTY RESIDENT, TO THE ART IN PUBLIC PLACES COMMITTEE, SERVING AS A LAY CITIZEN, REPRESENTING PLANNING DISTRICT #2, PURSUANT TO CHAPTER 126, ORDINANCE CODE, FOR A SECOND FULL TERM TO EXPIRE DECEMBER 31, 2011; PROVIDING AN EFFECTIVE DATE

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27.    2010-163   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF WILLIAM C. MASON TO THE JACKSONVILLE CHILDREN'S COMMISSION, REPLACING MICHAEL R. MUNZ, REPRESENTING THE AT LARGE POSITION, PURSUANT TO CHAPTER 51, ORDINANCE CODE, FOR A FIRST FULL TERM TO EXPIRE JULY 15, 2013; PROVIDING AN EFFECTIVE DATE

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28.    2010-170   AN ORDINANCE REGARDING THE TRAIL RIDGE LANDFILL; SUPPLEMENTING THE ORIGINAL $450,000 APPROPRIATION FOR SPECIAL COUNSEL IN ORDINANCE 2009-362-E TO ALLOW FOR A TOTAL COMBINED $1,200,000 APPROPRIATION; AUTHORIZING THE CONTINUED USE OF SPECIAL COUNSEL IN ACCORDANCE WITH SECTION 108.505(C), ORDINANCE CODE, TO ASSIST THE OFFICE OF GENERAL COUNSEL IN PENDING LITIGATION REGARDING CONTRACTUAL DISPUTES BETWEEN THE CITY OF JACKSONVILLE AND TRAIL RIDGE LANDFILL, INC.; AUTHORIZING THE GENERAL COUNSEL TO EXTEND THE RETAINER AGREEMENT WITH THE LAW FIRM OF TANNER BISHOP AS SPECIAL COUNSEL; AUTHORIZING THE EXPENDITURE OF AN ADDITIONAL $750,000 FOR SPECIAL COUNSEL; APPROPRIATING $750,000 FROM SOLID WASTE OPERATING FUND BALANCE RETAINED EARNINGS TO FUND THE ADDITIONAL ENGAGEMENT; PROVIDING A CARRYOVER TO SUBSEQUENT FISCAL YEARS; PROVIDING AN EFFECTIVE DATE

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29.    2010-171   AN ORDINANCE APPROPRIATING $395,366.72 FROM THE NORTHBANK TAX INCREMENT DISTRICT FUND BALANCE TO PROVIDE FUNDING FOR THE DEVELOPMENT OF A 210-FOOT LONG L-SHAPED FLOATING DOCK WITH A 60-FOOT LONG GANGWAY ATTACHED TO THE NORTHBANK RIVERWALK ADJACENT TO THE NORTHERN APPROACH TO THE FULLER WARREN BRIDGE FOR USE BY BOATERS WISHING TO ACCESS THE RIVERSIDE ARTS MARKET FROM THE ST. JOHNS RIVER, AS INITIATED BY B.T. 10-095; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E FOR THE PROJECT ENTITLED "RAM FLOATING DOCK"; WAIVING THE PROVISION OF SECTION 106.106(i), ORDINANCE CODE, REQUIRING UNSPENT GENERAL FUND SUPPORTED OPERATIONS TO BE RECAPTURED TO THE GENERAL FUND; PROVIDING AN EFFECTIVE DATE

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30.    2010-172   AN ORDINANCE REGARDING THE APPLICATION OF EXCEPTIONS TO THE SUNSHINE LAW TO CITY OF JACKSONVILLE PROCEEDINGS; AMENDING SECTION 50.107 (BOARDS AND COMMISSIONS SUBJECT TO CERTAIN LAWS) OF CHAPTER 50 (ORGANIZATION OF BOARDS AND COMMISSIONS) ORDINANCE CODE; AND SECTION 602.1208 (GOVERNMENT IN SUNSHINE) OF CHAPTER 602 (ETHICS CODE) SO AS TO RECOGNIZE THE APPLICATION OF ANY EXCEPTIONS TO THE SUNSHINE LAW TO THE COUNCIL AND BOARDS AND COMMISSIONS, AS PROVIDED FOR BY FLORIDA LAW, SPECIFICALLY SECTION 112.324 F.S.; PROVIDING AN EFFECTIVE DATE

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31.    2010-174   AN ORDINANCE APPROVING THE SETTLEMENT AGREEMENT AND COMPLETE RELEASE BETWEEN THE CITY OF JACKSONVILLE AND JONES LANG LASALLE; AUTHORIZING COUNSEL FOR THE CITY TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT PURSUANT TO SECTION 112.110(E), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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