TRANSPORTATION, ENERGY & UTILITIES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

May 16,2011

 

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, May 16,2011. The meeting was called to order at 2:05 P.M. by Committee Chair Bill Bishop.  The meeting adjourned at 3:47 P.M.

 

 

                      Members in Attendance:                                                    Staff Attendance:

                  

                     CM Bill Bishop, Chair                                             Juliette Williams, Legislative Aide

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

                       CM Stephen Joost - Excused                                          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:

 

 

Bob Williams, Real Estate (11-239)

John Pappas, Public Works (11-187)

 

 

 

 

 

1.    2011-191   A RESOLUTION CONCERNING THE APPEAL BY FIRST FLORIDA CREDIT UNION F/K/A SEABOARD CREDIT UNION OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE TO RE-ASSIGN AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 4230 SOUTHPOINT PARKWAY AND ASSIGNING A NEW ADDRESS TO BE LOCATED AT 7026 SOUTHPOINT PARKWAY IN COUNCIL DISTRICT 4, PURSUANT TO SECTIONS 745.221-745.223, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE TRANSPORTATION, ENERGY  AND UTILITIES COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE; 4/4/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

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 - Brown, Clark, Corrigan, Crescimbeni, Hyde, ( 5 )

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2.    2011-208   A RESOLUTION CONCERNING THE APPEAL BY LAT PURSER & ASSOCIATES, MANAGING AGENT FOR AULD AND WHITE HOLDINGS, LLC OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE TO RE-ASSIGN AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 4168 SOUTHPOINT PARKWAY, SUITE 200 AND ASSIGNING A NEW ADDRESS TO BE LOCATED AT 6874 SOUTHPOINT PARKWAY, SUITE 200 IN COUNCIL DISTRICT 4, PURSUANT TO SECTIONS 745.221-745.223, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE TRANSPORTATION, ENERGY  AND UTILITIES COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE; 4/18/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

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 - Brown, Clark, Corrigan, Crescimbeni, Hyde, ( 5 )

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3.    2011-274   AN ORDINANCE REGARDING CHAPTER 111(SPECIAL REVENUE & TRUST ACCOUNTS),  AND CHAPTER 360 (ENVIRONMENTAL REGULATION), ORDINANCE CODE, AND THE ENVIRONMENTAL PROTECTION FUND; AMENDING SECTION 360.302 (USE OF FUNDS), TO INCLUDE EDUCATION AND OUTREACH ACTIVITIES AS PERMISSIVE FUND EXPENDITURES; AND AMENDING SECTION 111.755 (ENVIRONMENTAL PROTECTION FUND), TO INCLUDE EDUCATION AND OUTREACH ACTIVITES AS PERMISSIVE FUND EXPENDITURES; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Sub/Read 2nd & Rerefer 6-0

 

REPORT OF THE COMMITTEE ON FINANCE: May 03, 2011

 

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

 


REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, ( 5 )

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4.    2011-277   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE EASTERLY 30 FEET OF BURKHOLDER ROAD, AN UNOPENED AND UNIMPROVED RIGHT-OF-WAY IN BURKRETE SUBDIVISION 2, IN COUNCIL DISTRICT 4, ESTABLISHED BY PLAT BOOK 20, PAGE 100 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF STEVEN SCOTT HOOD TO INCREASE THE SIZE OF HIS BACK AND SIDE YARDS, SUBJECT TO RESERVATION OF AN EASEMENT OVER THE CLOSED RIGHT-OF-WAY FOR INGRESS AND EGRESS AND FOR ALL UTILITIES; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, ( 5 )

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5.    2011-278   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, A PORTION OF OAK STREET RIGHT-OF-WAY IN COUNCIL DISTRICT 9 (THE "SUBJECT PROPERTY"), TRANSFERRED TO THE CITY BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AFTER THE COMPLETION OF WORK ON FOREST STREET, AT THE REQUEST OF DR. MICHAEL D. SPENCER ("APPLICANT"); DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING THE PROVISIONS OF SECTION 122.423 (APPRAISAL AT OR BELOW $25,000) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, AND AUTHORIZING THE MAYOR AND THE CORPORATION SECRETARY TO CONVEY THE SUBJECT PROPERTY TO APPLICANT, THE LONE, ABUTTING PROPERTY OWNER TO THE RIGHT-OF-WAY, FOR THE APPRAISED VALUE OF $2,400 SO AS TO ALLOW APPLICANT TO DEVELOP ADJACENT PROPERTY; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, Hyde, ( 5 )

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6.    2011-292   AN ORDINANCE WAIVING SECTION 382.308, ORDINANCE CODE, AND PROVIDING FOR A THREE YEAR EXTENSION TO THE EXISTING AGREEMENT WITH ADVANCED DISPOSAL SERVICES JACKSONVILLE LLC; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT  WITH ADVANCE DISPOSAL SERVICES, JACKSONVILLE, LLC, TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL CONTROLS; WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE CODE; AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO SETTLE A CLAIM WITH ADVANCE DISPOSAL SERVICES, JACKSONVILLE, LLC, FOR IMPROPER USE OF CITY CONTRACT ASSETS; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 03, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Hyde, ( 4 )

 

NAYS - Crescimbeni, ( 1 )

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7.    2011-293   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH WASTE PRO OF FLORIDA, INC., TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL CONTROLS; WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE CODE; AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO SETTLE A CLAIM WITH WASTE PRO OF FLORIDA, INC., FOR IMPROPER USE OF CITY CONTRACT ASSETS; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 03, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Hyde, ( 4 )

 

NAYS - Crescimbeni, ( 1 )

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8.    2011-294   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE A FIRST AMENDMENT TO THE EXISTING AGREEMENT  WITH REPUBLIC SERVICES OF FLORIDA LIMITED PARTNERSHIP, D/B/A SOUTHLAND WASTE SYSTEMS OF JACKSONVILLE ("SOUTHLAND"), TO SET THE BASE RATE COMPONENT FOR OCTOBER 1, 2010 TO DECEMBER 31, 2010; JANUARY 1, 2011 TO SEPTEMBER 30, 2011, FISCAL YEARS 2011/2012 AND 2012/13, AMENDING THE REPORTING REQUIREMENTS, COLLECTION ACTIVITY AND ESTABLISHING FUEL CONTROLS; AND WAIVING CONFLICTING PORTIONS OF SECTION 382.309 (DETERMINATION OF ANNUAL RATE OF COMPENSATION AND MEASURE OF CONTRACT COMPENSATION), ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 03, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to APPROVE.

 

AYES - Brown, Clark, Corrigan, Hyde, ( 4 )

 

NAYS - Crescimbeni, ( 1 )

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9.    2011-295   AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CORPORATION SECRETARY TO EXECUTE A LAND SWAP AGREEMENT BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND AFI ASSOCIATES, INC. ("AFI"), AND TO EXECUTE ALL DEEDS AND CLOSING DOCUMENTS, AND OTHERWISE TAKE ALL NECESSARY ACTION TO EFFECTUATE THE LAND SWAP AGREEMENT, AN EXCHANGE OF TWO PARCELS OF REAL PROPERTY IN COUNCIL DISTRICTS 11 AND 14, SUCH REAL PROPERTY APPROXIMATELY 11.6 ACRES IN SIZE BEING (1) PARCEL 31 OF THE VILLAGES OF ARGYLE FOREST DRI ("DRI"), AND (2) TWO ADJOINING ACRES IN THE DRI OWNED BY THE CITY AND LOCATED AT THE INTERSECTION OF OLD MIDDLEBURG ROAD AND ARGYLE FOREST BOULEVARD LOCATED IN COUNCIL DISTRICT 14, AND SUCH REAL PROPERTY APPROXIMATELY 57.82 ACRES IN SIZE BEING ADJACENT TO PARCEL 50 OF THE DRI OWNED BY AFI AND LOCATED ON OAKLEAF PLANTATION PARKWAY AND WEST OF BRANNAN CHAFFEE ROAD LOCATED IN COUNCIL DISTRICT 11, AND AFI CONVEYING 22.06 ACRES OF PARCEL 50 TO THE CITY CONSISTENT WITH THE DRI, AT NO COST TO THE CITY; THE PURPOSE OF THE LAND SWAP AGREEMENT IS TO PROVIDE THE CITY WITH PROPERTY FOR A REGIONAL PARK AND AFI PROPERTY FOR POTENTIAL COMMERCIAL USES;  WAIVING THE PROVISIONS OF SECTION 122.422 (SALE OF PROPERTY THROUGH REAL ESTATE DIVISION; INVESTIGATION OF NEED; COUNCIL ACTION) OF CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW FOR THE LAND EXCHANGE; WAIVING THE PROVISIONS OF SECTION 122.424 (APPRAISAL/ASSESSED VALUE OVER $25,000) CHAPTER 122 (PUBLIC PROPERTY), ORDINANCE CODE, SO AS TO ALLOW CONVEYANCE OF SAID PARCEL OF REAL PROPERTY TO AFI WITHOUT UTILIZING THE ADMINISTRATIVE PROCESSES; PROVIDING AN EFFECTIVE DATE; 5/2/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: May 03, 2011

 

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

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: May 16, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Brown, Clark, Corrigan, Crescimbeni, ( 4 )

_____________________

 

 

 

2ND READINGS

 

 

10.    2011-297   AN ORDINANCE APPROPRIATING $388,200, THE PROPOSED BUDGET FOR THE ADULT ARCADE INSPECTION PROGRAM ESTABLISHED BY ORDINANCE 2010-326-E BASED ON THE PROPOSED REVENUE BUDGET OF $388,200, TO A NEWLY DESIGNATED INDEX (EROD011AI) FOR THIS PROGRAM WITHIN THE OFFICE OF THE DIRECTOR OF THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT, AS INITIATED BY B.T. 11-079; PROVIDING AN EFFECTIVE DATE

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11.    2011-301   AN ORDINANCE GRANTING THE APPLICATION OF STERICYCLE, INC. FOR RENEWAL OF ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CON) TO OPERATE A MEDICAL WASTE STERILIZER AND TRANSFER FACILITY; PROVIDING FOR CONDITIONS OF SAID CERTIFICATE; INCORPORATING EXHIBIT; PROVIDING AN EFFECTIVE DATE

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12.    2011-302   AN ORDINANCE REGARDING HONORARY STREET NAMING DESIGNATION AND ASSOCIATED ROADWAY MARKER; ESTABLISHING AN HONORARY STREET DESIGNATION ON THE SOUTHWEST CORNER OF EDGEWOOD AVENUE WEST AND REED STREET FOR REVEREND DR. LANDON L. WILLIAMS SR.; PROVIDING FOR THE INSTALLATION OF ONE HONORARY ROADWAY MARKER AT THE SOUTHWEST CORNER OF EDGEWOOD AVENUE WEST AND REED STREET IN COUNCIL DISTRICT 8; PROVIDING FOR CONFORMANCE WITH PART I (GENERAL PROVISIONS) OF CHAPTER 745, ORDINANCE CODE (ADDRESSING AND STREET NAMING REGULATIONS) ORDINANCE CODE; WAIVING THE REQUIREMENTS OF SECTION 745.105(e)(2), ORDINANCE CODE, REGARDING PERSONS AFTER WHOM HONORARY STREET DESIGNATION MAY BE NAMED; DIRECTING LEGISLATIVE SERVICES TO FORWARD THE ORDINANCE TO THE PLANNING AND DEVELOPMENT DEPARTMENT; PROVIDING AN EFFECTIVE DATE

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13.    2011-303   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, AN ALL UTILITIES EASEMENT IN COUNCIL DISTRICT 6, ESTABLISHED BY PLAT BOOK 34, PAGE 87, SPANISH OAKS, AT THE REQUEST OF GEORGE R. KNECHT ("APPLICANT") SO AS TO ALLOW APPLICANT TO BUILD A SHED IN THE NORTHWEST CORNER OF HIS PROPERTY; PROVIDING AN EFFECTIVE DATE

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14.    2011-304   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THE NORTHERLY 500.31 FEET OF FISH ROAD WEST, AN OPENED AND IMPROVED RIGHT-OF-WAY IN COUNCIL DISTRICT 8 (THE "SUBJECT PROPERTY"), DEEDED TO THE CITY AS RECORDED IN DEED BOOK 1627, PAGES 468 AND 470, OF THE OFFICIAL PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF JONES ROAD LANDFILL AND RECYCLING, LTD. ("APPLICANT"); DECLARING THE SUBJECT PROPERTY TO BE SURPLUS TO THE NEEDS OF THE CITY; WAIVING SECTION 122.423, ORDINANCE CODE, TO AUTHORIZE THE MAYOR TO CONVEY THE SUBJECT PROPERTY TO APPLICANT FOR THE APPRAISED VALUE OF $4,000 IN ORDER FOR APPLICANT TO BE IN COMPLIANCE WITH ZONING EXCEPTION E-07-40; RESERVING AN ALL UTILITIES EASEMENT OVER THE SUBJECT PROPERTY IN THE NAME OF THE CITY AND JEA; PROVIDING AN EFFECTIVE DATE

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15.    2011-305   AN ORDINANCE PERMITTING 127 PERPENDICULAR PARKING SPACES ON BOTH SIDES OF IONIC AVENUE BETWEEN BALTIC STREET AND ORTEGA BOULEVARD AND ON THE EAST SIDE OF ORTEGA BOULEVARD BETWEEN OXFORD AVENUE AND CORINTHIAN AVENUE, ADJACENT TO 4129 ORTEGA BOULEVARD IN COUNCIL DISTRICT 14; PROVIDING AN EFFECTIVE DATE

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16.    2011-308   A RESOLUTION CONCERNING THE APPEAL BY LIBERTY PROPERTY LIMITED PARTNERSHIP OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE TO RE-ASSIGN AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 6600 SOUTHPOINT PARKWAY AND ASSIGNING A NEW ADDRESS TO BE LOCATED AT 6680 SOUTHPOINT PARKWAY, IN COUNCIL DISTRICT 4, PURSUANT TO SECTIONS 745.221-745.223, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE TRANSPORTATION, ENERGY  AND UTILITIES COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE

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17.    2011-309   A RESOLUTION CONCERNING THE APPEAL BY ALAN FETNER, FETNER & HARTIGAN PERIODONTICS OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE TO RE-ASSIGN AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 4211 SOUTHPOINT PARKWAY, SUITE 2 AND ASSIGNING A NEW ADDRESS TO BE LOCATED AT 7043 SOUTHPOINT PARKWAY, SUITE 2 IN COUNCIL DISTRICT 4, PURSUANT TO SECTIONS 745.221-745.223, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE TRANSPORTATION, ENERGY  AND UTILITIES COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE

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18.    2011-315   AN ORDINANCE APPROVING, AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE AND DELIVER, A DECLARATION OF RESTRICTIVE COVENANT BETWEEN THE CITY OF JACKSONVILLE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), AND ANY OTHER DOCUMENTS NECESSARY TO EFFECUTATE THE PURPOSES OF THE RESTRICTIVE COVENANT, FOR PROPERTY KNOWN AS THE MARINE ONE FIRE STATION PROPERTY LOCATED AT 469 TROUT RIVER DRIVE, SO AS TO PLACE ENVIRONMENTAL RESTRICTIONS ON THE SITE; PROVIDING AN EFFECTIVE DATE

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