TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 18,2009

 

RONNIE FUSSELL, 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 18,2009. The meeting was called to order at 10:04 A.M. by Committee Chair Ronnie Fussell.  The meeting adjourned at 10:13 A.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                 

                     CM Ronnie Fussell, Chair                                                   Juliette Williams, Legislative Aide

                     CM Art Graham, Vice Chair - Excused                                  Phillip Peterson, Asst. Auditor

                      CM Bill Bishop                                                                 Steve Rohan, General Counsel

                      CM Kevin Hyde – Arrived 10:06                                             John Jackson, Chief of Research

                      CM Johnny Gaffney                                                                Lisa Rinaman, Administration

                      CM Warren Jones                                                             Stephen Smith, Planning & Dev.

                      CM Glorious Johnson                                                             Laurie Kattreh, Planning & Dev.  

         

 

 

 

 

 

 

 

 

 

Others in Attendance:

 

 

 

 

 

 

 

 

 

 

1.    2009-552   AN ORDINANCE REALLOCATING $11,000,000 FROM THE TOTAL MAXIMUM DAILY LOADS (TMDL) INITIATIVE/RIVER ACCORD ACCOUNT TO VARIOUS BOND PROJECTS TO FACILITATE THE CONSTRUCTION OF SUCH PROJECTS, THE DESIGNS OF WHICH ARE NEARING COMPLETION, AS INITIATED BY B.T. 09-137; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECTS ENTITLED "VENETIA TERRACE", "LINCOLN VILLAS", "MANDARIN DRAINAGE (MANDARIN/ORANGE PICKERS)", "SANDALWOOD CANAL", AND "NEWTOWN PHASES III, IV, V & VI"; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Johnson, Jones, ( 5 )

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2.    2009-561   AN ORDINANCE APPROPRIATING $79,960.00 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPE IMPROVMENTS ALONG SIBBALD ROAD BETWEEN SOUTEL DRIVE AND TROUT RIVER BOULEVARD; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Johnson, Jones, ( 5 )

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3.    2009-563   AN ORDINANCE APPROVING THE CITY OF JACKSONVILLE'S ACQUISITION OF THOSE CERTAIN FEE PARCELS OF PROPERTY IDENTIFIED AS PARCELS 120 AND 120.1, A POND SITE, AND THAT CERTAIN EASEMENT PARCEL OF PROPERTY IDENTIFIED AS PARCEL 800, A DRAINAGE EASEMENT, COLLECTIVELY REAL ESTATE NUMBER 162131-0050, ALL ON SAN PABLO ROAD IN COUNCIL DISTRICT NUMBER 3, IN ACCORDANCE WITH THE TERMS OF THE CITY OF JACKSONVILLE REAL ESTATE DIVISION OPTION TO PURCHASE EXECUTED BY ISLE OF FAITH METHODIST CHURCH, INC. (SELLER) FOR $350,000, FOR THE PURPOSE OF CONSTRUCTING A RETENTION POND AND DRAINAGE FOR THE SAN PABLO ROAD RECONSTRUCTION BETTER JACKSONVILLE PROJECT; AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2009

 

Recommend to AMEND and  APPROVE.

 

 

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Johnson, Jones, ( 5 )

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4.    2009-564   AN ORDINANCE AUTHORIZING THE MAYOR AND CORPORATION SECRETARY TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF JACKSONVILLE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AND ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE RESTRICTIVE COVENANT ALLOWING THE CITY TO SATISFY THE REQUIREMENTS OF FDEP AND THE ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR CERTAIN REAL PROPERTY KNOWN AS THE COLEMAN EVANS SUPERFUND SITE; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2009

 

Recommend to AMEND and  APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

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5.    2009-565   AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A CITY DEED CONVEYING FEE SIMPLE TITLE TO PARCEL 102.1 PART A, A CITY OF JACKSONVILLE FEE SIMPLE PARCEL WITHIN THE EXISTING CITY RIGHT-OF-WAY OF OWENS ROAD, AND PARCEL 102.1 PART B, A CITY OF JACKSONVILLE FEE SIMPLE PARCEL WITHIN THE EXISTING CITY RIGHT-OF-WAY OF SUNDALE ROAD, BOTH IN COUNCIL DISTRICT 11, FROM THE CITY OF JACKSONVILLE TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), WHICH IS ACQUIRING THE RIGHTS-0F-WAY FOR THE PURPOSE OF EXTENDING STATE ROAD 243 (JIA NORTH ACCESS ROAD) FROM STATE ROAD 102 (AIRPORT ROAD) TO PECAN PARK ROAD; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: August 17, 2009

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

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6.    2009-566   AN ORDINANCE APPROVING THE TRANSFER, AT NO COST, OF A PORTION OF MERRILL ROAD LOCATED UNDER 9A AND THE SOUTHSIDE CONNECTOR, BETWEEN JANE STREET AND DAMES POINT CROSSING BOULEVARD, IN COUNCIL DISTRICT 1, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), WHICH HAS BEEN MAINTAINING SUCH SECTION OF MERRILL ROAD AND DESIRES TO ADD THIS SECTION OF ROADWAY TO FUTURE STATE ROAD 116, THE WONDERWOOD EXPRESSWAY; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

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7.    2009-567   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF COMMONWEALTH AVENUE RIGHT-OF-WAY, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY NEAR THE INTERSECTION OF COMMONWEALTH AVENUE AND PRITCHARD ROAD, IN COUNCIL DISTRICT 8, ESTABLISHED BY COUNTY PETITION #271, AT THE REQUEST OF WESTLAKE LAND MANAGEMENT, INC. TO ALLOW FOR THE DEVELOPMENT OF THE WESTLAKE PROJECT; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

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8.    2009-568   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF THE MCALLISTER BOULEVARD RIGHT-OF-WAY, AN 80 FOOT UNOPENED AND UNIMPROVED RIGHT-OF-WAY, AND A PORTION OF THE ROSS BOULEVARD RIGHT-OF-WAY, A 40 FOOT UNOPENED AND UNIMPROVED RIGHT-OF-WAY, BOTH IN THE GARDEN CITY SUBDIVISION IN COUNCIL DISTRICT 11 AND ESTABLISHED AND RECORDED IN PLAT BOOK 5, PAGE 65 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE FLORIDA CONFERENCE OF SEVENTH DAY ADVENTISTS TO ALLOW FOR THE DEVELOPMENT OF ADJOINING PROPERTY; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

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9.    2009-569   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE CEDAR RIVER OUTFALL OPEN DITCH EASEMENT ("OPEN DITCH EASEMENT") ALONG A PORTION OF THE FORMER VICTORIA STREET, CLOSED AND ABANDONED BY ORDINANCE 2004-1287-E, IN COUNCIL DISTRICT 9, OBTAINED PURSUANT TO THE INSTRUMENT RECORDED IN O.R. BOOK 6671, PAGE 658 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE CITY'S ENGINEERING DIVISION, SUCH OPEN DITCH EASEMENT NO LONGER BEING NEEDED BY THE CITY OF JACKSONVILLE BECAUSE A NEW EASEMENT, PARALLEL AND ADJACENT TO THE OPEN DITCH EASEMENT HAS BEEN OBTAINED PURSUANT TO THE INSTRUMENT RECORDED IN O.R. BOOK 14686, PAGE 2471; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

_____________________

 

10.    2009-570   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE SOUTHERLY 10 FEET OF THE 20 FOOT EASEMENT IN LOT 22 OF THE LYON OAKS SUBDIVISION, IN COUNCIL DISTRICT 4, AS RECORDED IN PLAT BOOK 35, PAGES 87 AND 87A,  OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE APPLICANT, PHILIP WORTH, SO AS TO ALLOW THE APPLICANT TO GAIN CLEAR TITLE TO HIS PROPERTY BY ELIMINATING AN ENCROACHMENT SITUATION CREATED BY THE CONSTRUCTION OF HIS HOUSE OVER THE PROPOSED ABANDONED EASEMENT AREA; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 18, 2009

 

Recommend to APPROVE.

 

AYES - Bishop, Fussell, Gaffney, Hyde, Johnson, Jones, ( 6 )

_____________________

 

 

 

2ND READINGS

 

11.    2009-624   AN ORDINANCE AMENDING CHAPTER 320 (GENERAL PROVISIONS); PART 4 (PERMITS), SECTION 320.409 (SCHEDULE Of PERMIT FEES), ORDINANCE CODE TO MODIFY PERMIT FEES PERTAINING TO ROOFING AND SITE WORK; AND AMENDING CHAPTER 321 (ADOPTION OF BUILDING CODE); SECTIONS 321.101 (ADOPTION OF APPENDICES), 321.103 (LIFE SAFETY CODE ADOPTED) AND 321.104 (FLORIDA FIRE PREVENTION CODE ADOPTED), ORDINANCE CODE TO UPDATE THE BUILDING CODE CONSISTENT WITH THE FLORIDA BUILDING CODE; PROVIDING AN EFFECTIVE DATE

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12.    2009-631   AN ORDINANCE PROVIDING $417,227.47 IN ADDITIONAL FUNDING FOR THE ST. AUGUSTINE ROAD (HOOD LANDING TO I-95) PROJECT BY REDUCING APPROVED FUNDING FOR, AND TRANSFERRING SUCH FUNDING FROM, THE BARNES ROAD (UNIVERSITY TO KENNERLY), SPRING PARK ROAD (BOWDEN TO UNIVERSITY), AND SPRING PARK ROAD (EMERSON TO UNIVERSITY) PROJECTS CONTAINED IN THE BETTER JACKSONVILLE PLAN TO THE ST. AUGUSTINE ROAD (HOOD LANDING TO I-95) PROJECT, AS INITIATED BY B.T. 09-154; PROVIDING A CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E TO INCREASE THE BUDGET FOR THE PROJECT ENTITLED "ST. AUGUSTINE RD/SR 13 TO I-95" AND TO REDUCE THE BUDGETS FOR THE PROJECTS ENTITLED "BARNES RD: UNIVERSITY TO KENNERLY", "SPRING PARK RD: BOWDEN TO UNIVERSITY", AND "SPRING PARK: EMERSON TO UNIVERSITY"; PROVIDING FOR AN EFFECTIVE DATE

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13.    2009-641   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF WATTS STREET, AN OPEN AND IMPROVED RIGHT-OF-WAY LYING BETWEEN ROSE STREET AND MCCOYS CREEK BOULEVARD, IN COUNCIL DISTRICT 9, ESTABLISHED BY EQUITABLE REALTY COMPANY'S REPLAT OF ROSEVILLE, AS RECORDED IN PLAT BOOK 5, PAGE 14, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF MINER PROPERTIES JACKSONVILLE LTD., A FLORIDA LIMITED PARTNERSHIP ("MINER"), TO CONSOLIDATE THE TWO PROPERTIES OWNED BY MINER ABUTTING SAID PORTION OF WATTS STREET ON EACH SIDE THEREOF; APPROVING AND AUTHORIZING THE IMPOSITION OF CERTAIN ENVIRONMENTAL COVENANTS AND RESTRICTIONS UPON THAT PORTION OF WATTS STREET TO BE CLOSED AND ABANDONED HEREBY, AS REQUIRED BY THE CONSENT FINAL JUDGMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND THE UNITED STATES OF AMERICA GOVERNING THE ASH AND BROWN'S DUMP SITES; APPROVING THE EXECUTION OF AN ENVIRONMENTAL INDEMNITY AGREEMENT BETWEEN THE CITY AND MINER; APPROVING THE EXECUTION BY THE CITY OF THE NOTICE OF TRANSFER REQUIRED TO BE GIVEN UNDER THE TERMS OF THE CONSENT FINAL JUDGMENT; RESERVING AN EASEMENT FOR DRAINAGE AND UTILITIES OVER, UPON, ACROSS AND UNDER SAID PORTION OF WATTS STREET; CONSENTING TO A GRANT OF EASEMENT BY MINER TO JEA FOR DRAINAGE AND UTILITIES; PROVIDING AN EFFECTIVE DATE

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14.    2009-642   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF A 15 FOOT UNNAMED, UNOPENED AND UNIMPROVED RIGHT-OF-WAY NEAR HALSEMA ROAD LYING SOUTH OF THE RAILROAD RIGHT-OF-WAY AND NORTH OF THE INTERSTATE 10/STATE ROAD 23 INTERCHANGE RIGHT-OF-WAY, IN COUNCIL DISTRICT 11, ESTABLISHED BY PLAT OF JACKSONVILLE FARMS AND RECORDED IN PLAT BOOK 3, PAGE 41 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF CECIL COMMERCE CENTER, LLC TO ALLOW FOR CONSOLIDATION OF ITS ABUTTING PROPERTIES; PROVIDING AN EFFECTIVE DATE

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15.    2009-643   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF AN UNNAMED, UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN BONITA'S COVE, IN COUNCIL DISTRICT 12, ESTABLISHED BY PLAT OF JACKSONVILLE HEIGHTS SUBDIVISION AND RECORDED IN PLAT BOOK 5, PAGE 93 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF COLLINS BUILDERS, LLC TO ALLOW FOR DEVELOPMENT OF ITS ADJOINING PROPERTY, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE

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16.    2009-651   AN ORDINANCE APPROPRIATING $19,570 FROM THE TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPE IMPROVEMENTS ALONG RIBAULT SCENIC DRIVE FROM HOWELL DRIVE TO WINTON DRIVE AND ALONG WINTON DRIVE FROM MONCRIEF ROAD WEST TO VAN GUNDY ROAD; PROVIDING FOR PROCUREMENT DIRECTIVE; PROVIDING FOR CITY OVERSIGHT BY THE DEPARTMENT OF PUBLIC WORKS; PROVIDING AN EFFECTIVE DATE

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17.    2009-652   AN ORDINANCE APPROVING A FAIR SHARE ASSESSMENT APPLICATION AND CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND RAMCO GERSHENSON, INC., A MICHIGAN CORPORATION, FOR A PROJECT TO BE KNOWN AS "RIVER CITY SIGNATURE-PARKWAY SHOPS" (CCAS/CRC NO. 73489), CONSISTING OF 375,000 SQUARE FEET OF SHOPPING CENTER USES ON APPROXIMATELY 153.274  ACRES OF PROPERTY LOCATED ON DUVAL ROAD BETWEEN I-95 AND OWENS ROAD, AS DESCRIBED THEREIN (COUNCIL DISTRICT 11), WITH A TERM OF TEN (10) YEARS AND A FAIR SHARE ASSESSMENT AMOUNT OF $1,417,911 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

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18.    2009-653   AN ORDINANCE APPROPRIATING $145,504.13 FROM TREE PROTECTION AND RELATED EXPENSES TRUST FUND FOR LANDSCAPING DESIGN ($19,563.13) AND TREE PLANTING ($125,941) FOR TREE PLANTING ALONG ST. JOHNS BLUFF ROAD BETWEEN ATLANTIC BOULEVARD AND MONUMENT ROAD; PROVIDING FOR THE DEPARTMENT OF PUBLIC WORKS TO OVERSEE THE PROJECT; AMENDING THE 2008-2013 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2008-555-E, FOR THE PROJECT ENTITLED "ST. JOHNS BLUFF TREE PLANTING"; RECOGNIZING THE AUTHORIZED USE UNDER THE PROCUREMENT CODE OF THE CONTINUING CONTRACT WITH R-A-M PROFESSIONAL GROUP INC. FOR LANDSCAPE DESIGN AND WITH DAVEY TREE EXPERT COMPANY FOR TREE PLANTING; PROVIDING AN EFFECTIVE DATE

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