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TRANSPORTATION, ENERGY & UTILITIES COMMITTEE
MINUTES OF THE REGULAR MEETING
July 19,2010
BILL BISHOP, CHAIR
CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR
MINUTES
OF THE REGULAR MEETING of the Council of the City of
Members in Attendance: Staff Attendance:
CM Bill Bishop, Chair Juliette Williams, Legislative Aide
CM Michael Corrigan, Vice Chair
Phillip Peterson, Asst. Auditor
Stephen Joost - Excused
Steve Rohan, General Counsel
CM Kevin Hyde - Excused John Jackson, Chief of Research
CM John Crescimbeni
Sherry Hall, Administration
CM Richard Clark Stephen Smith, Planning & Dev.
Laurie
Kattreh, Planning & Dev.
Heather Norworthy, Asst. Auditor
Others in Attendance:
CP Webb Nathan
Rezeau, Waterfront Mgmt (2010-455)
CM Warren Jones (2010-97) John
Shellhorn, Enviro Comm Dept
Twane Duckworth (2010-425) Mark
DeGoursey
Robert Williams, Real Estate
(2010-97) Rick
DuCharme
George McGregor, JTA, BJP
Projs Mgr (2010-425) Sandy
Golding
Cindy Laquidara, Gen Counsel
(2010-425) Leona
Sheddan
Randy Gallup (2010-453)
Fred Atwell (2010-454)
1.
2010-442 AN ORDINANCE
APPROPRIATING $96,394 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND
FOR PLANTING 250 TREES ALONG OAK ST. (MARGARET TO CHALLEN), RIVERSIDE AVE.
(I-95 TO VAN WERT), PARK ST. (MARGARET TO FSCJ), HERSCHEL ST. (BOONE PARK),
MYRA ST. (STOCKTON TO KING), REMINGTON ST. (CHERRY TO MCDUFF), ROSELLE ST.
(GOODWIN TO COPELAND), EDGEWOOD AVE. ( RT. 17 FLYOVER), EDGEWOOD AVE. (RT. 17
TO HERSCHEL), DANCY ST. (RT. 17 TO ST. JOHNS AVE.), BELVEDERE (RT. 17 TO
REMINGTON ST.), WOLFE ST (RT. 17 TO PARK ST), FORBES ST(WILLOWBRANCH TO KINGS),
MCDUFF ST (OAK TO ST JOHNS), WILLOWBRANCH ST (POST TO REMINGTON ST.), AND
RABDALL ST (TALBOT TO BELVEDERE); PROVIDING FOR PROCUREMENT DIRECTIVE;
PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN
EFFECTIVE DATE; 6/15/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: July 19, 2010
Recommend to AMEND and APPROVE.
AYES - Bishop, Clark,
Corrigan, Crescimbeni, ( 4 )
_____________________
2.
2010-444 AN ORDINANCE CREATING A
NEW CHAPTER 715, ORDINANCE CODE, RELATING TO THE PROVISION OF PUBLIC SERVICES
AND FACILITIES IN THE CITY OF JACKSONVILLE, FLORIDA; AUTHORIZING THE IMPOSITION
AND COLLECTION OF SERVICE ASSESSMENTS AGAINST PROPERTY WITHIN THE CONSOLIDATED
GOVERNMENT OF THE CITY; PROVIDING CERTAIN DEFINITIONS AND DEFINING THE TERM
"SERVICE ASSESSMENT"; ESTABLISHING THE PROCEDURES FOR IMPOSING
SERVICE ASSESSMENTS; PROVIDING THAT SERVICE ASSESSMENTS CONSTITUTE A LIEN ON
ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLL; PROVIDING THAT THE LIEN
FOR A SERVICE ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635,
FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR
JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN
SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY,
DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL
OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING PROCEDURES FOR
COLLECTION OF SERVICE ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY; AND PROVIDING AN EFFECTIVE DATE; 6/15/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: July 19, 2010
Recommend to APPROVE.
AYES - Bishop, Clark,
Corrigan, Crescimbeni, ( 4 )
_____________________
3.
2010-453 AN ORDINANCE APPROVING
A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF
JACKSONVILLE AND LEON FRANKLIN SMITH TRUST, FOR A PROJECT TO BE KNOWN AS
"DUVAL ROAD MEDICAL" (CCAS/CRC NO. 74325), CONSISTING OF A MEDICAL
OFFICE WITH A MAXIMUM OF 96,307 SQUARE FEET ON APPROXIMATELY 1.57 ACRES OF PROPERTY LOCATED ON DUVAL ROAD
BETWEEN MAIN STREET AND INTERSTATE 95, AS DESCRIBED THEREIN (COUNCIL DISTRICT
11), WITH A TERM OF FIVE (5) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF
$1,780,029 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; 6/15/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: July 19, 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,
Corrigan, Crescimbeni, ( 4 )
_____________________
4.
2010-454 AN ORDINANCE APPROVING
A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE
AND N. G. WADE INVESTMENT, COMPANY, A FLORIDA CORPORATION, FOR A PROJECT TO BE
KNOWN AS "COMMONWEALTH CONNECTION - TRACT V EATERIES" (CCAS/CRC NO.
73124), CONSISTING OF A MAXIMUM OF 18,000 SQUARE FEET OF FAST FOOD RESTAURANTS
WITH DRIVE-THRU WINDOWS AND A HIGH TURNOVER RESTAURANT WITH A MAXIMUM OF 8,000
SQUARE FEET ON APPROXIMATELY 5.56 ACRES
OF PROPERTY LOCATED ON COMMONWEALTH AVENUE BETWEEN I-295 AND LANE AVENUE, AS
DESCRIBED THEREIN (COUNCIL DISTRICT 10), WITH A TERM OF TEN (10) YEARS AND A
FAIR SHARE ASSESSMENT AMOUNT OF $219,130 IN FAIR SHARE FUND SECTOR 5.2,
PURSUANT TO SECTIONS 163.3180(11) & 163.3180(16), FLORIDA STATUTES, AND
CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 6/15/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: July 19, 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,
Corrigan, Crescimbeni, ( 4 )
_____________________
5.
2010-455 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER ON
BEHALF OF THE CITY, (1) A RESTRICTIVE EASEMENT AGREEMENT GRANTING A RESTRICTIVE
EASEMENT OVER CITY PROPERTIES (RE ## 001366-0000 AND 001367-000) NEAR OUTLYING
LANDING FIELD WHITEHOUSE (OLF WHITEHOUSE) TO THE U. S. DEPARTMENT OF THE NAVY
("NAVY"), AND (2) A DONATION AGREEMENT DONATING TO THE NAVY THE
APPRAISED VALUE OF THE RESTRICTIVE EASEMENT SO AS TO LIMIT DEVELOPMENT THAT IS
INCOMPATIBLE WITH THE MISSION AND OPERATIONS OF OLF WHITEHOUSE; PROVIDING AN
EFFECTIVE DATE; 6/15/2010
- Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: July 19, 2010
Recommend to APPROVE.
AYES - Bishop, Clark,
Corrigan, Crescimbeni, ( 4 )
_____________________
6.
2010-458 AN ORDINANCE CLOSING
AND ABANDONING, AND/OR DISCLAIMING, A DRAINAGE EASEMENT LOCATED AT 13999
SHALLOW COVE COURT, IN COUNCIL DISTRICT 3, ESTABLISHED VIA PLAT OF MARSH SOUND
UNIT B IN PLAT BOOK 51, PAGE 10B OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,
FLORIDA, AT THE REQUEST OF MARK DEGOURSEY, OWNER OF THE PROPERTY IN WHICH THE
EASEMENT LIES, SO AS TO ALLOW FOR THE CONSTRUCTION OF A SWIMMING POOL, SUCH
DRAINAGE EASEMENT CONTAINING NO FACILITIES AND NO LONGER BEING USED BY THE CITY
OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 6/15/2010 - Read 2nd & Rerefer
REPORT OF THE COMMITTEE ON
TRANSPORTATION, ENERGY & UTILITIES: July 19, 2010
Recommend to APPROVE.
AYES - Bishop, Clark,
Corrigan, Crescimbeni, ( 4 )
_____________________
2ND
7.
2010-518 AN ORDINANCE
APPROPRIATING $156,500 BY REALLOCATING FUNDS FROM THE KERNAN BOULEVARD (JTB TO
MCCORMICK) PROJECT CONTAINED IN THE BETTER JACKSONVILLE PLAN AND TRANSFERRING
THAT FUNDING TO THE HODGES BOULEVARD (BEACH TO ATLANTIC) PROJECT, THUS
PROVIDING ADDITIONAL FUNDING FOR THE HODGES BOULEVARD (BEACH TO ATLANTIC)
PROJECT SO THAT THE FINAL CHANGE ORDER CAN BE ISSUED AND THE PROJECT CAN BE
CLOSED OUT, AS INITIATED BY B.T. 10-131; AMENDING THE 2009-2014 FIVE-YEAR
CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E TO INCREASE
FUNDING FOR THE PROJECT ENTITLED "HODGES BLVD - ATLANTIC BLVD - BEACH
BLVD" AND TO REDUCE FUNDING FOR THE PROJECT ENTITLED "KERNAN BLVD -
MCCORMICK RD TO JTB"; PROVIDING FOR AN EFFECTIVE DATE
Recommend
to AMEND and READ 2ND & REREFER.
AYES
- Bishop, Clark, Corrigan, Crescimbeni, ( 4 )
_____________________
8.
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
_____________________
9.
2010-506 AN ORDINANCE CLOSING
AND ABANDONING, AND/OR DISCLAIMING, CERTAIN UTILITY AND DRAINAGE EASEMENTS
ESTABLISHED BY PLATS (BOOK 1, PAGE 6; BOOK AJ, PAGE 766; BOOK AQ, PAGE 277),
OFFICIAL RECORDS (BOOK 434, PAGE 23 AND 24; BOOK 6318, PAGE 2046), AND
ORDINANCES (ORDINANCE 73-1185-629; ORDINANCE 77-661-276; ORDINANCE
2005-1282-E), IN COUNCIL DISTRICT 7, AT THE REQUEST OF SHANDS JACKSONVILLE
FOUNDATION, INC., ON BEHALF OF THE UNITED STATES VETERANS ADMINISTRATION (THE
"APPLICANT"), TO ENABLE APPLICANT TO CONSTRUCT A NEW VETERANS
ADMINISTRATION MEDICAL FACILITY; REQUIRING APPLICANT TO RELOCATE FACILITIES AS
DICTATED BY THE DEVELOPMENT PLAN AND TO GRANT TO THE CITY AND TO JEA
APPROPRIATE EASEMENTS FOR UTILITIES AND DRAINAGE; PROVIDING AN EFFECTIVE DATE
_____________________
10.
2010-507 AN ORDINANCE CLOSING
AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF BETTY ANN LANE, AN OPENED AND IMPROVED
RIGHT-OF-WAY ESTABLISHED BY DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 132,
PAGE 463, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, IN COUNCIL
DISTRICT 4, AT THE REQUEST OF THE DUVAL COUNTY SCHOOL BOARD ("APPLICANT"),
TO ENABLE APPLICANT TO RECONFIGURE THE BUS LOOP AT ENGLEWOOD HIGH SCHOOL, AND
TO ALLOW FOR BOTH ADDITIONAL SAFETY AND SECURITY MEASURES TO BE PUT IN PLACE
OUTSIDE OF NORMAL SCHOOL HOURS AND THE PLACEMENT OF A GATE TO SECURE THAT
PORTION OF BETTY ANN LANE FROM UNWANTED VEHICULAR ACCESS, SUBJECT TO
RESERVATION OF AN EASEMENT OVER THE CLOSED PORTION OF BETTY ANN LANE FOR
INGRESS AND EGRESS AND FOR ALL UTILITIES; AUTHORIZING THE MAYOR AND CORPORATION
SECRETARY TO EXECUTE AND DELIVER A DEED CONVEYING SAID CLOSED PORTION OF BETTY
ANN LANE TO THE DUVAL COUNTY SCHOOL BOARD AT NO COST; PROVIDING AN EFFECTIVE
DATE
_____________________
11.
2010-522 AN ORDINANCE APPROVING,
AND AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, AN
AGREEMENT FOR PETROLEUM CLEANUP PARTICIPATION PROGRAM BETWEEN THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF JACKSONVILLE IN
CONNECTION WITH THE CLEANUP OF CONTAMINATION AT THE POLICE MEMORIAL BUILDING;
PROVIDING AN EFFECTIVE DATE
_____________________
12.
2010-527 AN ORDINANCE CONCERNING
ANIMAL CARE AND PROTECTIVE SERVICES (ACPS); AMENDING CHAPTER 111 (SPECIAL
REVENUE AND TRUST ACCOUNTS), PART 4 (ADMINISTRATIVE PERSONNEL AND CODE
REGULATION), SECTIONS 111.450 (SPAY AND NEUTER REBATE TRUST FUND) AND 111.455
(ANIMAL CARE AND CONTROL TRAINING AND VETERINARY SERVICES TRUST FUND),
ORDINANCE CODE, TO PROVIDE MORE PARTICULARLY FOR THE DISPOSITION OF LICENSE
FEES; AMENDING CHAPTER 111 (SPECIAL REVENUE AND TRUST ACCOUNTS), PART 4
(ADMINISTRATIVE PERSONNEL AND CODE REGULATION), TO CREATE A NEW SECTION 111.456
(ANIMAL CARE AND PROTECTIVE SERVICES TRAINING AND CRUELTY PREVENTION TRUST
FUND), ORDINANCE CODE, TO PROVIDE FUNDS FOR TRAINING, EDUCATIONAL MATERIALS, EQUIPMENT
AND RELATED COSTS; AMENDING CHAPTER 462 (ANIMALS), PART 1 (GENERAL), SECTIONS
462.102 (DEFINITIONS), 462.103 (ADMINISTRATION AND ENFORCEMENT), 462.104
(AUTHORITY TO ENTER PRIVATE PROPERTY), 462.105 (INTERFERENCE WITH PERFORMANCE
OF DUTIES), 462.106 (PROCEDURES), AND 462.108 (CIVIL PENALTIES), ORDINANCE
CODE, TO MODIFY DEFINITIONS, PROVIDE FOR ENFORCEMENT OF MUNICIPAL AND STATE
LAWS RELATING TO ANIMAL CARE OR CRUELTY, PLACE ADDITIONAL CONDITIONS ON
AUTHORITY OF ACPS TO ENTER PRIVATE PROPERTY, ADD TO LIST OF ACTIONS
CONSTITUTING INTERFERENCE WITH PERFORMANCE OF DUTIES, PRESCRIBE PROCEDURES, AND
SET FORTH PENALTIES FOR VARIOUS VIOLATIONS; AMENDING CHAPTER 462 (ANIMALS),
PART 2 (CRUELTY TO OR NEGLECTING ANIMALS), SECTIONS 462.201 (CRUELTY TO ANIMALS
DEFINED GENERALLY), 462.202 (EXEMPTIONS), 462.203 (NEGLECTING OR ABANDONING
ANIMALS), 462.204 (RESTRAINT BY CHAINING), 462.205 (DOG FIGHTING AND OTHER
ANIMAL FIGHTING), 462.207 (ARTIFICIAL COLORING OF ANIMALS), 462.208 (SALE OF
YOUNG ANIMALS FOR CERTAIN PURPOSES PROHIBITED), 462.209 (CITATION) AND 462.210
(TAKING CUSTODY OF MISTREATED ANIMALS) TO PROVIDE FOR THE DEPOSIT OF ALL FINES
FROM VIOLATIONS OF PART 2 INTO THE CRUELTY PREVENTION TRUST FUND, FURTHER
DEFINE THE NEGLECTING OR ABANDONING OF ANIMALS, ADD CONDITIONS TO RESTRAINT OF
ANIMALS BY CHAINING, AUTHORIZE ANIMAL CONTROL OFFICERS TO REMOVE AN ANIMAL FROM
CHAINS AND TAKE THE ANIMAL TO THE SHELTER, INCLUDE THE POSSESSION OF ANIMAL
FIGHTING PARAPHERNALIA AS A VIOLATION OF SECTION 462.205 AND SET FORTH THE CIVIL
FINE THEREFOR, PROHIBIT CERTAIN ACTIVITIES WITH RESPECT TO ARTIFICIALLY COLORED
ANIMALS AND SET FORTH THE CIVIL FINE THEREFOR, PROHIBIT THE SALE OF YOUNG
ANIMALS FOR CERTAIN PURPOSES, ESTABLISH GROUNDS FOR CITATIONS, AND PRESCRIBE
PROCEDURES WITH RESPECT TO MISTREATED ANIMALS; AMENDING CHAPTER 462 (ANIMALS),
PART 3 (NUISANCES), SECTIONS 462.301 (GENERAL), 462.302 (NOISE), 462.303
(ANIMALS AT-LARGE PROHIBITED), 462.304 (HABITUAL NUISANCE), 462.305
(DESTRUCTION OF PROPERTY AND BITING), 462.306 (CUSTODY OF RACING DOGS), 462.307
(REQUIREMENT TO CONFINE FEMALE DOG OR CAT IN HEAT), 462.308 (INJURY TO ANIMALS
BY MOTOR VEHICLES; REPORTING REQUIREMENT), 462.309 (STERILIZATION OF DOGS AND
CATS), 462.310 (ADDITIONAL PENALTY FOR DOGS AND CATS NOT SPAYED OR NEUTERED), 462.311
(DISEASED ANIMALS WITHIN THE CITY), 462.312 (TESTING AND DESTRUCTION OF
CONTAMINATED TURTLES), 462.313 (RABIES QUARANTINE AREA, RABIES ALERT OR
RESTRICTION OF INFECTIOUS ANIMALS), 462.315 (PROCEDURE FOR ANIMAL BITES AND FOR
ANIMALS SUSPECTED OF HAVING RABIES) AND 462.316 (PENALTY), TO ADD ADDITIONAL
CIRCUMSTANCES CONSTITUTING ANIMAL NUISANCE, FURTHER DEFINE BEHAVIOR
CONSTITUTING PERSISTENT OR CONTINUOUS NOISE, LIMIT THE CIVIL FINE FOR NOISE
VIOLATIONS TO $500, HOLD PERSONS HAVING TEMPORARY CUSTODY OF DOGS OR CATS
LIABLE FOR FAILING TO RESTRAIN AN ANIMAL FROM BEING AT LARGE, LIMIT THE CIVIL
FINE FOR AT-LARGE ANIMALS TO $500, LIMIT THE CIVIL FINE FOR HABITUAL NUISANCE
TO $500, HOLD PERSONS HAVING TEMPORARY CUSTODY OF DOGS OR CATS LIABLE FOR
DESTRUCTION OF PROPERTY AND BITING, LIMIT THE CIVIL FINE FOR FAILURE TO CONFINE
A FEMALE DOG OR CAT IN HEAT TO $500, HOLD PERSONS HAVING TEMPORARY CUSTODY OF
DOGS OR CATS LIABLE FOR FAILURE TO CONFINE A FEMALE DOG OR CAT IN HEAT, PROVIDE
FOR STERILIZATION OF ANIMALS IMPOUNDED UNDER SECTION 462.306, LIMIT THE CIVIL
FINE FOR FAILURE TO REPORT INJURY TO ANIMALS BY MOTOR VEHICLES TO $500, PROVIDE
FOR FORFEITURE OF DEPOSIT FOR STERILIZATION AFTER 31 DAYS, ASSESS ADDITIONAL
FINE FOR AT-LARGE ANIMALS NOT SPAYED OR NEUTERED, DELETE PROVISIONS FOR TESTING
AND DESTRUCTION OF CONTAMINATED TURTLES, ESTABLISH RULES FOR FEEDING OF CATS
AND DOGS OUTDOORS, PROVIDE FOR COMMUNITY CAT MANAGEMENT INITIATIVES, AND
INCORPORATE PROVISIONS OF FLORIDA ADMINISTRATIVE CODE CHAPTER 64D-3; AMENDING
CHAPTER 462 (ANIMALS), PART 4 (DANGEROUS DOGS), SECTIONS 462.402 (DEFINITIONS),
462.404 (CLASSIFICATION OF DOG AS DANGEROUS; NOTICE AND HEARING REQUIREMENTS;
CONFINEMENT OF DOG; APPEAL; REGISTRATION REQUIREMENTS), 462.405 (PROPER
ENCLOSURE), 462.406 (INSURANCE), 462.407 (DANGEROUS DOG OUTSIDE OF PROPER
ENCLOSURE; OUTSIDE OF PRIMARY ENCLOSURE), 462.408 (REQUIRED NOTIFICATION
CONCERNING DANGEROUS DOG), 462.409 (ATTACK OR BITE BY DANGEROUS DOG;
IMPOUNDMENT; DESTRUCTION), 462.410 (SEVERE INJURY BY DOG; IMPOUNDMENT;
DESTRUCTION), AND 462.412 (VIOLATION OF THIS PART), TO EXPAND DEFINITION OF
SEVERE INJURY, SET A DEADLINE FOR FILING OF AFFIDAVIT FROM PERSON DESIRING TO
HAVE A DOG CLASSIFIED AS DANGEROUS, ESTABLISH $500 CIVIL FINE FOR FAILURE TO
SURRENDER DOG THAT IS THE SUBJECT OF A DANGEROUS DOG INVESTIGATION, PROVIDE FOR
APPEALS, PROVIDE FOR BOARDING OF POTENTIALLY DANGEROUS DOG, PROVIDE FOR NOTICES
FOLLOWING DANGEROUS DOG INVESTIGATION, DEFINE PROPER ENCLOSURE FOR DANGEROUS
DOGS, CLARIFY INSURANCE REQUIREMENTS FOR DANGEROUS DOGS, PROHIBIT SALE OR
GIVING AWAY OF DOG DETERMINED TO BE DANGEROUS, REQUIRE ADVANCE PAYMENT BY OWNER
OF IMPOUNDMENT COSTS IN CASES OF INJURIES CAUSED BY DOG, AND ELIMINATING
POSSIBILITY OF REDEMPTION OF DANGEROUS DOG BY OWNER; AMENDING CHAPTER 462
(ANIMALS), PART 4 (DANGEROUS DOGS), TO CREATE NEW SECTIONS 462.413 (DESIGNATING
POTENTIALLY DANGEROUS DOGS) AND 462.414 (FINES & FEES), ORDINANCE CODE, TO
ALLOW FOR DESIGNATION OF DOG AS POTENTIALLY DANGEROUS AND REQUIRE ALL FINES AND
FEES COLLECTED UNDER PART 4 TO BE DEPOSITED INTO THE ACPS TRAINING AND ANIMAL
CRUELTY PREVENTION TRUST FUND; AMENDING CHAPTER 462 (ANIMALS), PART 5
(VACCINATION, REGISTRATION AND LICENSING OF ANIMALS), SECTIONS 462.501
(DEFINITIONS), 462.502 (VACCINATION, REGISTRATION AND LICENSING REQUIRED),
462.503 (DISPLAY OF CITY LICENSE TAGS), AND 462.504 (EXEMPTIONS) TO REFINE THE
DEFINITION OF VACCINATION, ADD CONDITIONS TO VACCINATION, REGISTRATION AND
LICENSING REQUIREMENTS, PROVIDE FOR DISTRIBUTION OF LICENSING FEES, PROVIDE EXEMPTION
FROM VISIBLE TAG REQUIREMENT WHEN ANIMAL HAS COMPLIED WITH RADIO FREQUENCY
IDENTIFICATION DEVICE (RFID) REQUIREMENTS, AND REQUIRE PAYMENT OF REGISTRATION
FEE EVEN IF ANIMAL CANNOT BE VACCINATED FOR RABIES; AMENDING CHAPTER 462
(ANIMALS), PART 6 (IMPOUNDMENT, SURRENDER, REDEMPTION AND ADOPTION), SECTIONS
462.601 (IMPOUNDING OF ANIMALS), 462.602 (NOTICE TO OWNER OF IMPOUNDMENT),
462.603 (REDEMPTION BY OWNER), 462.604 (VOLUNTARY SURRENDER BY OWNER), 462.605
(ADOPTION), 462.606 (PROPER IDENTIFICATION AND ADDRESS VERIFICATION), 462.607
(RABIES VACCINATION REQUIRED), 462.608 (STERILIZATION), 462.609 (CONDITIONS
PREVENTING REDEMPTION OR ADOPTION), 462.610 (DISPOSITION OF UNREDEEMED AND
SURRENDERED ANIMALS), AND 462.611 (INVOLUNTARY SHELTERING), PART 6 (IMPOUNDMENT,
SURRENDER, REDEMPTION AND ADOPTION), TO ESTABLISH HOLDING PERIODS, PROVIDE FOR
DISPOSITION OF ANIMALS VOLUNTARILY SURRENDERED BY OWNERS, PROVIDE ADDITIONAL
REQUIREMENTS FOR STERILIZATION, REQUIRE EXPEDITIOUS AND HUMANE EUTHANIZATION OF
CERTAIN ANIMALS AND DELETE IN ITS ENTIRETY SECTION 462.611 (INVOLUNTARY
SHELTERING); AMENDING CHAPTER 462 (ANIMALS), PART 7 (PROGRAMS), SECTIONS
462.701 (ANIMAL CARE EDUCATION PROGRAM), 462.702 (ANIMAL ADOPTION PROGRAM),
462.703 (VETERINARIAN VOLUNTARY PROGRAM FOR THE SALE AND ISSUANCE OF CITY
ANIMAL LICENSE TAGS), AND 462.704 (SPONSORSHIPS AND DONATIONS), TO ELIMINATE
THE VETERINARIAN VOLUNTARY PROGRAM FOR THE SALE AND ISSUANCE OF CITY ANIMAL
LICENSE TAGS, ADD STERILIZATION PROGRAMS, AUTHORIZE ACPS TO APPLY FOR AND ACCEPT
GRANTS, AND AUTHORIZE THE CHIEF OF ACPS TO USE PRIVATE DONATIONS FOR THE BEST
BENEFIT OF ACPS WHEN CONDITIONS HAVE NOT BEEN PLACED ON THE USE OF A DONATION
BY THE DONOR; AMENDING CHAPTER 462 (ANIMALS), PART 8 (SWINE AS HOUSEHOLD PETS),
SECTIONS 462.801 (MINIATURE VIETNAMESE POTBELLIED PIGS AS HOUSEHOLD PETS) AND
462.802 (MAINTENANCE OR USE AS FOOD SOURCE PROHIBITED; RESTRICTIONS ON
DISPOSITION), TO REQUIRE PROOF, UPON REQUEST, THAT SWINE IS A REGISTERED,
PUREBRED MINIATURE POTBELLIED PIG, SET FORTH CIVIL FINE FOR FAILURE TO PROVIDE
SUCH PROOF, AND SET FORTH CIVIL FINE FOR MAINTENANCE OR USE OF POTBELLIED PIG
AS FOOD SOURCE; AMENDING CHAPTER 462 (ANIMALS), PART 9 (LIVESTOCK AND POULTRY),
SECTIONS 462.901 (LIVESTOCK), 462.903 (USE OF EXHAUST FANS), AND 462.904
(PENALTY), TO INCREASE THE POSSIBLE CIVIL FINE FOR VIOLATIONS OF PART 9 TO
$500; AMENDING CHAPTER 462 (ANIMALS), PART 10 (PET SHOPS), SECTIONS 462.1001
(DEFINITIONS), 462.1003 (PERMIT REQUIRED), 462.1004 (APPLICATION FOR ISSUANCE,
RENEWAL OR REINSTATEMENT OF PERMIT), 462.1005 (ISSUANCE OF PERMIT; DENIAL OF
APPLICATION; REAPPLICATION), 462.1006 (GROUNDS FOR SUSPENSION AND REVOCATION OF
PERMIT; APPEAL PROCESS; SURRENDER OF PERMIT; DISPOSITION OF ANIMALS), 462.1007
(INSPECTION), 462.1008 (DISPLAY OF PERMIT), 462.1009 (VIOLATIONS, WARNINGS,
CITATIONS, PENALTIES), 462.1010 (NOTIFICATION; RECORDS; REPORT OF SALE OR
GIFT), AND 462.1011 (REGULATIONS AND STANDARDS), TO ADD DEFINITIONS, APPLY
PROVISIONS OF PART 10 TO ANIMAL DEALERS, AS DEFINED THEREIN, ESTABLISH
ADDITIONAL PERMIT CONDITIONS, AND INCORPORATE INTO PART 10 ALL HOUSING AND CARE
GUIDELINES, REGULATIONS OR LAWS ESTABLISHED BY THE FEDERAL GOVERNMENT OR THE
STATE OF FLORIDA; AMENDING CHAPTER 462 (ANIMALS), PART 11 (ANIMAL DEALERS),
SECTIONS 462.1101 (DEFINITIONS), 462.1102 (EXEMPTION), 462.1103 (PERMIT
REQUIRED), 462.1104 (APPLICATION FOR ISSUANCE, RENEWAL OR REINSTATEMENT OF
PERMIT), 462.1105 (ISSUANCE OF PERMIT, DENIAL OF APPLICATION; REAPPLICATION),
462.1106 (GROUNDS FOR SUSPENSION AND REVOCATION OF PERMIT; APPEAL PROCESS;
SURRENDER OF PERMIT; DISPOSITION OF ANIMALS), 462.1107 (INSPECTION), 462.1108
(DISPLAY OF PERMIT), 462.1109 (VIOLATIONS, WARNINGS, CITATIONS, PENALTIES),
462.1110 (NOTIFICATION; RECORDS; REPORT OF SALE OR GIFT), 462.1111 (REGULATIONS
AND STANDARDS) AND 462.1112 (PUTRESCIBLE MATERIAL; DEAD ANIMALS; RECORDS) TO
ADD DEFINITIONS AND REQUIRE CURRENT, VALID HEALTH CERTIFICATES FOR ALL DOGS AND
CATS SOLD OR EXCHANGED, AND DELETE IN THEIR ENTIRETY SECTIONS 462.1103 (PERMIT
REQUIRED), 462.1104 (APPLICATION FOR ISSUANCE, RENEWAL OR REINSTATEMENT OF
PERMIT), 462.1105 (ISSUANCE OF PERMIT, DENIAL OF APPLICATION; REAPPLICATION),
462.1106 (GROUNDS FOR SUSPENSION AND REVOCATION OF PERMIT; APPEAL PROCESS;
SURRENDER OF PERMIT; DISPOSITION OF ANIMALS), 462.1107 (INSPECTION), 462.1108
(DISPLAY OF PERMIT), 462.1109 (VIOLATIONS, WARNINGS, CITATIONS, PENALTIES),
462.1110 (NOTIFICATION; RECORDS; REPORT OF SALE OR GIFT), 462.1111 (REGULATIONS
AND STANDARDS) AND 462.1112 (PUTRESCIBLE MATERIAL; DEAD ANIMALS; RECORDS);
AMENDING CHAPTER 462 (ANIMALS), PART 12 (ANIMAL SHELTERS), SECTIONS 462.1201
(STERILIZATION OF ADOPTED ANIMALS) AND 462.1202 (INFECTED OR DISEASED ANIMALS),
TO REQUIRE STERILIZATION OF ANIMALS GIVEN AWAY, PROHIBIT THE GIVING AWAY OF AN
ANIMAL HAVING A CONDITION PREVENTING ADOPTION, AND IMPOSE A CIVIL FINE OF $500
FOR A VIOLATION OF SECTION 462.1202; AMENDING CHAPTER 462 (ANIMALS), TO CREATE
A NEW PART 13 (EXCESSIVE INTACT ANIMAL PERMITS), ORDINANCE CODE, TO ESTABLISH
EXCESSIVE INTACT ANIMAL PERMIT REQUIREMENTS, PROVIDE A PENALTY FOR
NON-COMPLIANCE WITH PART 13, CLARIFY APPLICATION OF PART 13 TO MULTI-FAMILY
BUILDINGS, EXEMPT STERILIZED DOGS AND CATS FROM APPLICATION OF PART 13, AND
PROVIDE FOR DEPOSIT INTO THE SPAY AND NEUTER TRUST FUND OF FINES AND FEES
COLLECTED UNDER PART 13; AMENDING CHAPTER 462 (ANIMALS), TO CREATE A NEW PART
14 (GRANT FUNDS AND SIMILAR REVENUE STREAMS), ORDINANCE CODE, TO AUTHORIZE THE
CHIEF OF ACPS TO SEEK, APPLY FOR, AND ACCEPT GRANT FUNDING FOR THE COSTS AND
PROGRAMS OF ACPS; AMENDING CHAPTER 462 (ANIMALS), TO CREATE A NEW PART 15
(PERMANENT PET IDENTIFICATION REQUIREMENT), ORDINANCE CODE, TO SET REQUIREMENTS
FOR IMPLANTATION OF PERMANENT IDENTIFICATION DEVICES; AMENDING CHAPTER 462
(ANIMALS), TO CREATE A NEW PART 16 (IMPORTATION OF ANIMALS, QUARANTINE,
VACCINATION REQUIREMENTS), ORDINANCE CODE, TO INCORPORATE FEDERAL RULES AND
REGULATIONS REGARDING THE IMPORTATION OF ANIMALS INTO THE CITY'S ORDINANCE
CODE, SET VACCINATION AND QUARANTINE REQUIREMENTS FOR IMPORTED DOGS AND CATS, AND
IMPOSE A CIVIL FINE OF $500 FOR A VIOLATION OF PART 16; PROVIDING AN EFFECTIVE
DATE
_____________________
13.
2010-529 AN ORDINANCE APPROVING
THE SETTLEMENT IN EMINENT DOMAIN OF THE OWNER'S (DIXON FAMILY TRUST) DAMAGES IN
AN AMOUNT OF $105,149.00, PLUS RECOVERABLE COSTS IN THE AMOUNT OF $41,273.14
AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $34,600.67, FOR A TOTAL MONETARY
SETTLEMENT OF $181,022.81, WITH THE DIFFERENCE BETWEEN THE PREVIOUSLY DEPOSITED
AMOUNT AND THE TOTAL MONETARY SETTLEMENT BEING $170,722.81, ALL RESULTING FROM
THE CONDEMNATION OF PARCEL 101, IN COUNCIL DISTRICT 12, IN RELATION TO THE
CAHOON/FOURAKER ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V.
P.A. HOWARD, ET AL., CASE NO. 2006-CA-000377; PROVIDING AN EFFECTIVE DATE
_____________________
14.
2010-530 AN ORDINANCE APPROVING
THE SETTLEMENT IN EMINENT DOMAIN OF THE OWNER'S (BAHRI INDUSTRIES, INC.)
DAMAGES IN AN AMOUNT OF $155,000.00, PLUS RECOVERABLE COSTS IN THE AMOUNT OF $33,792.25
AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $95,000.00, FOR A TOTAL MONETARY
SETTLEMENT OF $283,792.25, WITH THE DIFFERENCE BETWEEN THE PREVIOUSLY DEPOSITED
AMOUNT AND THE TOTAL MONETARY SETTLEMENT BEING $188,292.25, ALL RESULTING FROM
THE CONDEMNATION OF PARCEL 106, IN COUNCIL DISTRICT 1, IN RELATION TO THE FORT
CAROLINE ROAD PROJECT, IN THE PROCEEDING STYLED CITY OF JACKSONVILLE V.
ARLINGTON AMERICAN LEGION POST 283, INC., ET AL., CASE NO. 2008-CA-005194;
PROVIDING AN EFFECTIVE DATE
_____________________