TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 16,2010

 

BILL BISHOP, 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, August 16,2010. The meeting was called to order at 2:02 P.M. by Committee Chair Bill Bishop.  The meeting adjourned at 2:30 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Bill Bishop, Chair                                                         Philip Zamarron, Legislative Aide

                     CM Michael Corrigan, Vice Chair                                          Phillip Peterson, Asst. Auditor

                      Stephen Joost                                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde                                                                 John Jackson, Chief of Research

                      CM John Crescimbeni                                                       Sherry Hall, Administration

                      CM Richard Clark                                                              Heather Norsworthy, Asst. Auditor

                                                                                                             Laurie Kattreh, Planning Dept.

                                                       Stephen Smith, Planning Dept.

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

Greg Kupperman (10-562)

Wyman Duggan (10-606)

John Pappas, Public Works

Lin White, Public Works

Mike Miller, JTA

Fred Forbes, Compliance

Robert Williams, Real Estate (10-607)

 

 

 

1.    2010-457   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, THE EXCLUSIVE GRANT OF EASEMENT GRANTING TO JEA AN EASEMENT TO OPERATE AND MAINTAIN WATER SERVICES OUTSIDE OF THE PUBLIC RIGHT-OF-WAY THAT IS TOUCHTON ROAD (WEST OF SOUTHSIDE BOULEVARD); PROVIDING AN EFFECTIVE DATE; 6/15/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

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2.    2010-502   AN ORDINANCE REGARDING COLLECTION OF SOLID WASTE IN THE DOWNTOWN AREA; AMENDING SECTION 380.208 (LOCATION OF GARBAGE RECEPTACLES; TIME FOR PLACEMENT WITHIN DOWNTOWN AREA), ORDINANCE CODE, TO PROHIBIT GARBAGE RECEPTACLES FROM REMAINING ALONG THE CURBSIDE IN THE DOWNTOWN AREA BETWEEN THE HOURS OF 9:00 AM AND 2:00 PM; PROVIDING AN EFFECTIVE DATE; 7/19/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

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3.    2010-562   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND STARRATT CROSSING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "STARRATT CROSSING NORTH COMMERCIAL" (CCAS/CRC NO. 73122), CONSISTING OF 28,000 SQUARE FEET OF RETAIL USES, A PHARMACY WITH A MAXIMUM OF 11,200 SQUARE FEET AND A DRIVE THROUGH WINDOW AND A 4,800 SQUARE FOOT CONVENIENCE STORE WITH 28 FUELING STATIONS ON APPROXIMATELY 7.8  ACRES OF PROPERTY LOCATED ON STARRATT ROAD BETWEEN PERDUE ROAD AND SID DRIVE, AS DESCRIBED THEREIN (COUNCIL DISTRICT 11), WITH A TERM OF SEVEN (7) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $1,724,045 IN FAIR SHARE FUND SECTOR 6.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Bishop, Clark, Clark, Crescimbeni, Crescimbeni, Hyde, Hyde, ( 8 )

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4.    2010-565   AN ORDINANCE APPROPRIATING, PURSUANT TO ORDINANCE 2007-286-E, $668,312.15 ($422,263.29 FROM NUISANCE ABATEMENT LIENS, $32,108.60 FROM INTEREST SANITARY ASSESSMENT, $65,782.95 FROM DEMOLITION ASSESSMENT, AND $148,157.31 FROM CODE VIOLATION FINES) TO THE NUISANCE ABATEMENT LIEN SPECIAL REVENUE FUND TO PROVIDE FUNDING FOR NUISANCE ABATEMENT CONTRACTING CITY-WIDE, AS INITIATED BY B.T. 10-144; PROVIDING FOR THE CARRYOVER OF FUNDS TO FISCAL YEAR 2010-2011; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

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5.    2010-569   AN ORDINANCE REGARDING CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; RENAMING MCLAURIN ROAD NORTH IN COUNCIL DISTRICT 13 TO "MCLAURIN ROAD EAST"; DIRECTING THE LEGISLATIVE SERVICES DIVISION TO FORWARD THIS ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

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6.    2010-570   AN ORDINANCE REGARDING CHAPTER 745 (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; RENAMING MAXVILLE-MACCLENNY HIGHWAY IN COUNCIL DISTRICT 11 TO "MAXVILLE MACCLENNY HIGHWAY" ( WITHOUT A HYPHEN); DIRECTING THE LEGISLATIVE SERVICES DIVISION TO FORWARD THIS ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

_____________________

 


7.    2010-597   AN ORDINANCE APPROPRIATING $103,217.51 FROM THE LAVILLA LAND SALES ACCOUNT TO PROVIDE FUNDING TO ALLOW THE CITY'S ENVIRONMENTAL CONSULTANT TO FURTHER ASSESS AND REMEDIATE ARSENIC AND PETROLEUM CONTAMINATION FOUND ON BLOCK 4 AND PETROLEUM CONTAMINATION FOUND ON BLOCK 8 IN THE LAVILLA AREA, AS MANDATED BY THE STATE AND IN ACCORDANCE WITH THE REGULATORY REQUIREMENTS OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AS INITIATED BY B.T. 10-142; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

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8.    2010-601   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER ON BEHALF OF THE CITY, AN AIR POLLUTION CONTROL SPECIFIC OPERATING AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) IN ORDER TO ESTABLISH THE BASIS UPON WHICH FDEP AND THE ENVIRONMENTAL QUALITY DIVISION (EQD) OF THE CITY'S ENVIRONMENTAL AND COMPLIANCE DEPARTMENT WILL WORK TOGETHER TO PROTECT THE AIR QUALITY OF THE CITY OF JACKSONVILLE ACCORDING TO THE PROVISIONS OF SECTION 403.182, FLORIDA STATUTES, AND TO TAKE FURTHER ACTION TO EFFECTUATE THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR CITY OVERSIGHT BY EQD; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

_____________________

 

9.    2010-605   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH FLORIDA TRANSPORTATION PLANNING ORGANIZATION FOR THE PARTIAL FUNDING OF THE DEVELOPMENT OF THE NORTH FLORIDA FREIGHT, LOGISTICS AND INTERMODAL DEVELOPMENT PLAN; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

_____________________

 

10.    2010-606   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND WEST KERNAN, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PROJECT TO BE KNOWN AS "WEST KERNAN PUD" (CCAS/CRC NO. 48924), CONSISTING OF A SHOPPING CENTER WITH A MAXIMUM OF 280,000 SQUARE FEET OF RETAIL USES ON APPROXIMATELY 34.77  ACRES OF PROPERTY LOCATED THE NORTHWEST CORNER OF BEACH BOULEVARD AND KERNAN BOULEVARD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 3), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $7,503,263 IN FAIR SHARE FUND SECTOR 2.1, PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

_____________________

 

11.    2010-635   AN ORDINANCE APPROVING THE SETTLEMENT OF AN ANIMAL CONTROL CLAIM IN COUNTY COURT; AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO SETTLE THE CASE OF CITY OF JACKSONVILLE VS. BRUCE PFLUGHAUPT AND DORIS PFLUGHAUPT, RESPONDENTS, CASE NO 2009-CC-15149 IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT FOR A PAYMENT TO THE CITY OF $5,000 AS AND FOR A REIMBURSEMENT OF COSTS ASSOCIATED WITH AN ANIMAL CONTROL PROSECUTION; AUTHORIZING COUNSEL FOR THE CITY TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT AND TO RELEASE AND DISMISS ALL REMAINING CLAIMS AND CITATIONS AGAINST THE RESPONDENTS; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

_____________________

 

12.    2010-636   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A CONSERVATION EASEMENT GRANTING A CONSERVATION EASEMENT OVER A PORTION OF CERTAIN REAL PROPERTY (R.E. #160863-0000) AT FIRE STATION #40, 9350 HECKSCHER DRIVE, IN COUNCIL DISTRICT 11 (THE "PROPERTY"), TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD") AS A CONDITION OF A STORM WATER PERMIT BEING ISSUED IN CONJUNCTION WITH THE CONSTRUCTION OF FIRE STATION #40 (THE "PROJECT"), AND ISSUED TO THE CITY BY SJRWMD TO OFFSET ADVERSE IMPACTS TO NATURAL RESOURCES, FISH AND WILDLIFE, AND WETLAND FUNCTIONS RESULTING FROM THE PROJECT, AND TO PREVENT ANY USE OF THE PROPERTY THAT WILL IMPAIR OR INTERFERE WITH THE ENVIRONMENTAL VALUE OF THE PROPERTY; APPROVING, AND AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER, AN OWNER'S AFFIDAVIT TO SJRWMD; PROVIDING AN EFFECTIVE DATE; 8/2/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON PUBLIC HEALTH & SAFETY: August 03, 2010

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 16, 2010

 

Recommend to APPROVE.

 

AYES - Bishop, Clark, Crescimbeni, Hyde, ( 4 )

_____________________

 

 

 

2ND READINGS

 

13.    2010-647   AN ORDINANCE APPROPRIATING $1,320,000 (A $660,000 U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT AND $660,000 IN CITY MATCHING FUNDS) TO PROVIDE FUNDING TO EXPAND AN EXISTING STORM WATER POND AT CECIL COMMERCE CENTER AS A REQUIREMENT OF THE CURRENT ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD") CONCEPTUAL ENVIRONMENTAL RESOURCE PERMIT, AS INITIATED BY B.T. 10-143; AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE A CONTRACT BETWEEN THE CITY AND THE U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) FOR EDA PROJECT NO. 04-79-06350; PROVIDING FOR CITY OVERSIGHT BY THE JEDC; PROVIDING AN EFFECTIVE DATE

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14.    2010-651   AN ORDINANCE APPROPRIATING $20,000 FROM THE ENVIRONMENTAL PROTECTION FUND TO ENABLE THE ENVIRONMENTAL PROTECTION BOARD ("EPB") TO SPONSOR AND CONTRIBUTE $20,000 TO THE ST. JOHNS RIVER ALLIANCE RIVER SUMMIT TO BE HELD SEPTEMBER 15-16, 2010, AS INITIATED BY B.T. 10-155; WAIVING CONFLICTING PROVISIONS OF SECTIONS 111.755 (ENVIRONMENTAL PROTECTION FUND) AND 360.602 (USES OF FUND), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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15.    2010-661   AN ORDINANCE CONCERNING THE 2010 DUVAL COUNTY LOCAL MITIGATION STRATEGY UPDATE; MAKING FINDINGS; ACCEPTING AND ADOPTING THE 2010 DUVAL COUNTY LOCAL MITIGATION STRATEGY UPDATE; ASSIGNING REVIEW, MAINTENANCE AND COORDINATION RESPONSIBILITIES; PROVIDING FOR PERIODIC REVIEW AND RE-ADOPTION; PROVIDING AN EFFECTIVE DATE

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16.    2010-671   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN AMENDED AND RESTATED EASEMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE (GRANTEE) AND THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA (GRANTOR), WHICH WILL ALLOW THE JACKSONVILLE SHERIFF'S OFFICE, THE JACKSONVILLE FIRE AND RESCUE DEPARTMENT AND ITD TO USE FOR CITY PUBLIC SERVICES COMMUNICATIONS A RADIO TOWER WHICH WILL BE CONSTRUCTED WITHIN THE GROUNDS OF LAKE SHORE SCHOOL AND REPLACE THE EXISTING RADIO TOWER CURRENTLY IN USE; PROVIDING AN EFFECTIVE DATE

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17.    2010-672   AN ORDINANCE CONFIRMING THE INITIAL ASSESSMENT  FOR  STORMWATER SERVICE ASSESSMENTS, AS PROVIDED FOR IN SECTION 715.202, ORDINANCE CODE; APPROVING, ADOPTING  AND AUTHORIZING THE IMPOSITION AND COLLECTION OF STORMWATER SERVICE ASSESSMENTS IN ACCORDANCE WITH THE INTIAL ASSESSMENT ROLL, AS PROVIDED FOR IN SECTION 715.203, ORDINANCE CODE, AND CONTAINED IN ORDINANCE 2010-445-E WITHIN THE CONSOLIDATED GOVERNMENT OF THE CITY, EXCLUDING URBAN SERVICES DISTRICTS 2, 3, 4 AND 5; PROVIDING PROCEDURES FOR COLLECTION OF SERVICE ASSESSMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE

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18.    2010-673   AN ORDINANCE CONFIRMING THE INITIAL ASSESSMENT  FOR  SOLID WASTE SERVICE ASSESSMENTS, AS PROVIDED FOR IN SECTION 715.202, ORDINANCE CODE; APPROVING, ADOPTING  AND AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE SERVICE ASSESSMENTS IN ACCORDANCE WITH THE INTIAL ASSESSMENT ROLL, AS PROVIDED FOR IN SECTION 715.203, ORDINANCE CODE, AND CONTAINED IN ORDINANCE 2010-446-E WITHIN THE CONSOLIDATED GOVERNMENT OF THE CITY, EXCLUDING URBAN SERVICES DISTRICTS 2, 3, 4 AND 5; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE

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19.    2010-677   AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE FAIR SHARE ASSESSMENT CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND GREEN POINT PROPERTIES, INC., A FLORIDA CORPORATION (CCAS# 38863) FOR A PROJECT KNOWN AS "GREEN POINT COMMERCIAL", CONSISTING OF A MAXIMUM OF 150,000 SQUARE FEET OF COMMERCIAL USES ON APPROXIMATELY 16.29  ACRES LOCATED AT 10407 WEST 103RD STREET, APPROXIMATELY 750 FEET EAST OF SAMARITAN WAY LOCATED IN DISTRICT 12, EXTENDING THE DURATION FIVE YEAR(S) WITH A FAIR SHARE ASSESSMENT AMOUNT OF $202,202 IN FAIR SHARE FUND SECTOR 4.1, PURSUANT TO PART 3, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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