RULES COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

December 01,2014

 

BILL GULLIFORD, 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, December 01,2014.  The meeting was called to order at 9:13 A.M. by Committee Chair Bill Gulliford.  The meeting was adjourned at 11:05 A.M.

 

 

 

Members in Attendance:                          Staff Attendance:

                 

                       CM Bill Gulliford, Chair                           Juliette Williams, Legislative Aide

                       CM Warren Jones, Vice Chair                Kyle Billy, Principal Auditor

                       CM John Gaffney                                   Heather Reber, Asst. Auditor

                       CM Stephen Joost - Excused                Jeff Clements, Chief of Research

                       CM Robin Lumb                                     Margo Klosterman, Administration

                       CM Don Redman                                   Peggy Sidman, Deputy General Counsel

                       CM Matt Schellenberg

                       CM Bill Bishop – Temporary Appt.

                       

 

 

 

 

 

Others in Attendance:

 

CM Boyer

CM Carter

2014-386          Chris Hand, Administration

                        Jason Gabriel, OGC

                        James Winn, Spec Pension Counsel

                        Steve Diebenow, Attorney

 

2014-741          Joel Lamp

2014-748          Alex Coley, Hallmark

 

 

 

 

1.    2014-746   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ANTONIO "TONY" LOPEZ AS DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND COMMUNITY SERVICES OF THE CITY OF JACKSONVILLE; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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2.    2014-523   AN ORDINANCE CONCERNING THE JACKSONVILLE CHILDREN'S COMMISSION (JCC); AMENDING CHAPTER 51 (JACKSONVILLE CHILDREN'S COMMISSION), PART 1 (GENERAL), SECTIONS 51.103 (MEMBERSHIP; TERMS), 51.104 (POWERS AND DUTIES), 51.107 (EXECUTIVE DIRECTOR), AND 51.108 (RESERVED), AND 51.109 (RESERVED), ORDINANCE CODE, TO CHANGE THE MEMBERSHIP OF THE JCC, TO MODIFY THE PROVISIONS REGARDING FUNDING FOR CHILDREN RELATED ACTIVITIES AND EVENTS, TO ELIMINATE THE POSITION OF EXECUTIVE DIRECTOR AND CREATE THE POSITION OF CHIEF EXECUTIVE OFFICER (CEO), TO PROVIDE FOR THE EXPENDITURE OF COMMISSION FUNDS, AND TO PROVIDE FOR THE TRANSFER OF RECIPIENT FUNDS BETWEEN PROGRAM SITES; PROVIDING AN EFFECTIVE DATE; 8/18/2014 - Read 2nd & Rerefer; 11/17/2014 - Amend/Rerefer 7-0

 

REPORT OF THE COMMITTEE ON FINANCE: November 18, 2014

 

Recommend to AMEND and REREFER to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: November 18, 2014

 

Recommend to AMEND and REREFER to the Committee(s) of reference.

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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3.    2014-708   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ALMA FERRANTE, A ST. JOHNS COUNTY RESIDENT WITH A DUVAL COUNTY BASED JSEB NON-CONTRACTOR BUSINESS, TO THE JACKSONVILLE SMALL AND EMERGING BUSINESS ("JSEB") MONITORING COMMITTEE, REPLACING LAWRENCE MURR, PURSUANT TO SECTION 126.606(A), ORDINANCE CODE, AS A NON-JSEB CONTRACTOR, FOR A PARTIAL TERM TO EXPIRE APRIL 30, 2015; PROVIDING FOR A NON-RESIDENT OF DUVAL COUNTY WITH SUBSTANTIAL ECONOMIC BUSINESS INTEREST TO BE SEATED ON THE JSEB MONITORING COMMITTEE; PROVIDING AN EFFECTIVE DATE; 11/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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4.    2014-710   A RESOLUTION REAPPOINTING MICHAEL D. STEWART, AS A MEMBER OF THE JACKSONVILLE INTERNATIONAL AIRPORT (JIA) AREA REDEVELOPMENT AGENCY BOARD, AS THE SCHOOL BOARD DISTRICT 4 REPRESENTATIVE, PURSUANT TO ORDINANCE 90-409-293, FOR A FIRST TERM EXPIRING JUNE 30, 2018; PROVIDING AN EFFECTIVE DATE; 11/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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5.    2014-712   A RESOLUTION REAPPOINTING STEPHEN T. LOVETT AS A MEMBER OF THE HEALTH PLANNING COUNCIL OF NORTHEAST FLORIDA, INC., AS A "CONSUMER" REPRESENTATIVE, PURSUANT TO SECTION 408.033, FLORIDA STATUTES, FOR A THIRD TWO YEAR TERM EXPIRING SEPTEMBER 30, 2016; PROVIDING AN EFFECTIVE DATE; 11/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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6.    2014-714   A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF ANDREA P. MONROE, A DUVAL COUNTY RESIDENT, TO THE LIBRARY BOARD OF TRUSTEES, REPRESENTING AT-LARGE GROUP 1,  FILLING THE SEAT FORMERLY HELD BY RITA R. CANNON, PURSUANT TO SECTION 90.101 (BOARD OF LIBRARY TRUSTEES), ORDINANCE CODE, FOR A PARTIAL TERM TO EXPIRE JULY 15, 2016; PROVIDING AN EFFECTIVE DATE; 11/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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7.    2014-730   AN ORDINANCE REGARDING ART IN PUBLIC PLACES; AMENDING SECTIONS 126.901 (DEFINITIONS) AND 126.906 (ART SELECTION PANELS), PART 9 (ART IN PUBLIC PLACES), CHAPTER 126 (PROCUREMENT CODE), ORDINANCE CODE, TO MODIFY THE DEFINITION OF PUBLIC FACILITY AND TO DEFINE URBAN ART AND STREETSCAPING AREAS; PROVIDING FOR THE EXPANSION OF THE ART SELECTION PANEL; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: November 18, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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8.    2014-739   AN ORDINANCE CONCERNING THE 2015 ONE SPARK FESTIVAL ("FESTIVAL") ESTABLISHING A FESTIVAL OVERLAY ZONE; ESTABLISHING A FESTIVAL ACTIVITY PERIOD; ALLOWING CERTAIN ADDITIONAL USES IN A PORTION OF THE DOWNTOWN OVERLAY ZONE DURING THE FESTIVAL ACTIVITY PERIOD; NOTWITHSTANDING ANY STATE STATUTE TO THE CONTRARY, INCLUDING BUT NOT LIMITED TO §316.1936(2)(A) AND (2)(B), FLORIDA STATUTES, WAIVING CHAPTER 368 (NOISE CONTROL), ENVIRONMENTAL PROTECTION BOARD RULE 4 (NOISE POLLUTION CONTROL) AND SECTION 154.108, ORDINANCE CODE, TO ALLOW FOR OUTDOOR MUSICAL ENTERTAINMENT AND TO ALLOW OPEN CONTAINERS IN THE DESIGNATED ZONE; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: November 18, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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9.    2014-741   AN ORDINANCE NAMING THE SOCCER PITCH LOCATED AT THE BASEBALL GROUNDS OF JACKSONVILLE (THE "BASEBALL GROUNDS") "_________ PARK" ONLY DURING SOCCER EVENTS AT THE BASEBALL GROUNDS; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: November 18, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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10.    2014-743   A RESOLUTION CONFIRMING THE REAPPOINTMENT OF GAYLORD GEORGE CANDLER AS A MEMBER OF THE JACKSONVILLE ETHICS COMMISSION, PURSUANT TO CHAPTER 602, PART 9, ORDINANCE CODE, FOR A FIRST FULL TERM EXPIRING DECEMBER 31, 2017; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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11.    2014-744   A RESOLUTION REAPPOINTING JESSE C. CRIMM AS A MEMBER OF THE JACKSONVILLE HEALTH FACILITIES AUTHORITY, PURSUANT TO CHAPTER 490, ORDINANCE CODE, FOR A FIRST FULL TERM ENDING DECEMBER 15, 2018; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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12.    2014-745   A RESOLUTION HONORING AND COMMENDING THE LIFE AND NOTEWORTHY ACHIEVEMENTS OF ALFRED "AL" AUSTIN, ATHLETE, EDUCATOR, MENTOR AND COMMUNITY LEGEND; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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13.    2014-767   A RESOLUTION HONORING AND COMMENDING THE NORTHEAST FLORIDA CHAPTER OF THE AMERICAN RED CROSS ON THE OCCASION OF ITS 100TH ANNIVERSARY; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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14.    2014-769   A RESOLUTION REAFFIRMING AND REAUTHORIZING THE GENERAL COUNSEL AND THE OFFICE OF GENERAL COUNSEL TO COMMENCE LITIGATION TO DETERMINE THE LEGAL VALIDITY OF THE ESTABLISHMENT OF THE POLICE AND FIRE PENSION FUND SENIOR STAFF VOLUNTARY RETIREMENT PLAN AND TO DETERMINE WHETHER MEMBERS OF THE BOARD OF TRUSTEES OF THE POLICE AND FIRE PENSION FUND MISMANAGED OR TOOK UNAUTHORIZED ACTIONS IN CREATING AND ADMINISTERING THE SENIOR STAFF VOLUNTARY RETIREMENT PLAN; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE as an EMERGENCY measure.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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15.    2014-748   A RESOLUTION MAKING CERTAIN FINDINGS, AND APPROVING AND AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF JACKSONVILLE ("CITY") AND HALLMARK PARTNERS, INC. ("COMPANY"), AUTHORIZING THE CITY TO GRANT THE COMPANY A REVENUE ENHANCED VALUE (REV) GRANT FOR 75% OF THE "ANNUAL PROJECT REVENUES" (AS DEFINED IN THE AGREEMENT) FOR A TWENTY (20) YEAR PERIOD, NOT TO EXCEED AMOUNT OF $7,000,000.00, TO SUPPORT THE CONSTRUCTION OF APPROXIMATELY 223 RESIDENTIAL  UNITS, 18,000 SQUARE FEET OF RETAIL SPACE AND 318 NEW STRUCTURED PARKING SPACES AT 200 RIVERSIDE(THE "PROJECT"); APPROVING AND AUTHORIZING EXECUTION OF DOCUMENTS BY THE MAYOR AND CORPORATION SECRETARY; AUTHORIZING APPROVAL OF TECHNICAL AMENDMENTS BY THE EXECUTIVE DIRECTOR OF THE DIA; PROVIDING FOR CITY OVERSIGHT BY THE DIA; WAIVING THE PROJECT'S COMPLIANCE WITH THE PUBLIC INVESTMENT POLICY ADOPTED BY RESOLUTION 2006-119-A AS AMENDED BY ORDINANCE 2012-213-E; PROVIDING AN EFFECTIVE DATE; 11/17/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON FINANCE: November 18, 2014

 

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

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: November 18, 2014

 

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

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to AMEND and  APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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16.    2014-768   A RESOLUTION HONORING AND THANKING CLEVELAND E. POWELL FOR HIS COUNTLESS CONTRIBUTIONS TO THE PRESERVATION OF THE HISTORY OF THE ARLINGTON COMMUNITY AND JACKSONVILLE COMMUNITY AT LARGE; PROVIDING AN EFFECTIVE DATE

 

Recommend to APPROVE.

 

AYES - Bishop, Bishop, Gaffney, Gaffney, Gulliford, Gulliford, Jones, Jones, Lumb, Lumb, Redman, Redman, Schellenberg, Schellenberg, ( 14 )

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17.    2014-386   AN ORDINANCE PERTAINING TO CHAPTER 121 (POLICE AND FIREFIGHTERS PENSION PLAN), ORDINANCE CODE; CREATING SECTION 121.101(F); AMENDING SECTION 121.102(E) (POLICE AND FIRE PENSION PLANS) CREATING A NEW CATEGORY OF MEMBER KNOWN AS A "GROUP II MEMBER" BASED UPON A DATE OF HIRE ON OR AFTER JANUARY 1, 2015 AND SECTION 121.113(A)(1), 121.113(A)(2), AND (B) (CALCULATION OF PENSION CONTRIBUTIONS FOR POLICE AND FIRE PENSION FUND) REVISING THE CONTRIBUTION PERCENTAGES OF EXISTING POLICE AND FIRE PENSION PLAN MEMBERS; CREATING SECTION 121.114 (UNFUNDED ACTUARIAL LIABILITY; MUTUAL CONTRIBUTIONS) TO OUTLINE THE MUTUAL OBLIGATIONS OF THE CITY AND THE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES IN ADDRESSING THE UNFUNDED LIABLITY; CREATING SECTION 121.115 (SUPPLEMENTAL SHARE PLAN); CREATING SECTION 121.116 (BOARD OF TRUSTEES INVESTMENT AUTHORITY) TO OUTLINE THE INVESTMENT AUTHORITY OF THE POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES; CREATING SECTION 121.117 (EXECUTIVE DIRECTOR ADMINISTRATOR) TO OUTLINE THE QUALIFICATIONS FOR FUTURE EXECUTIVE ADMINISTRATORS OF THE POLICE AND FIRE PENSION FUND; CREATING SECTION 121.118 (USE OF GENERAL COUNSEL) TO OUTLINE THE POLICE AND FIRE PENSION FUND'S USE OF THE OFFICE OF GENERAL COUNSEL; AMENDING SECTION 121.201 (RETIREMENT BENEFITS) TO CREATE SECTION 121.201A FOR "GROUP I MEMBERS" AND TO CREATE SECTION 121.201B FOR "GROUP II MEMBERS" TO OUTLINE THE PENSION BENEFITS EXTENDED TO EACH GROUP, SECTION 121.204 (SURVIVING SPOUSE'S BENEFITS), SECTION 121.206 (CHILDREN'S BENEFITS), AND SECTION 121.209 (DEFERRED RETIREMENT OPTION PROGRAM (DROP) FOR GROUP I MEMBERS); CREATING NEW SECTION 121.211 (BACKDROP FOR GROUP II MEMBERS) TO ESTABLISH THE BACKDROP PROGRAM OF PENSION BENEFITS EXTENDED TO GROUP II MEMBERS; AMENDING CHAPTER 121 TO CREATE A NEW PART 5 (FINANCIAL INVESTMENT AND ADVISORY COMMITTEE); AMENDING CHAPTER 121 TO CREATE A NEW PART 6 (ETHICS, FIDUCIARY RESPONSIBILITIES AND BEST PRACTICES); AMENDING ARTICLE 22 (JACKSONVILLE POLICE AND FIRE PENSION BOARD OF TRUSTEES) OF THE CHARTER OF THE CITY OF JACKSONVILLE; APPROVING THE 2014 RETIREMENT REFORM AGREEMENT; ATTACHING THE REQUIRED ACTUARIAL IMPACT STATEMENT; PROVIDING AN EFFECTIVE DATE.; 6/16/2014 - Read 2nd & Rerefer; 11/3/2014 - Sub/Rerefer 6-0

 

REPORT OF THE COMMITTEE ON FINANCE: November 04, 2014

 

Recommend to SUBSTITUTE and REREFER. 

 

REPORT OF THE COMMITTEE ON RULES: December 01, 2014

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Bishop, Gaffney, Gulliford, Jones, Lumb, Redman, Schellenberg, ( 7 )

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2ND READINGS

 

18.    2014-750   AN ORDINANCE AMENDING CHAPTER 120 (GENERAL EMPLOYEES AND CORRECTIONS OFFICERS RETIREMENT PLANS), SECTIONS 120.202 AND 120.502, TO PROVIDE THAT APPOINTED EMPLOYEES HIRED ON OR AFTER OCTOBER 14, 2014, WITHIN THE OFFICE OF INSPECTOR GENERAL, PURSUANT TO §602.303(W), ORDINANCE CODE, WHO CHOOSE TO JOIN A CITY-SPONSORED RETIREMENT PROGRAM SHALL ONLY BE ELIGIBLE TO JOIN THE GENERAL EMPLOYEES DEFINED CONTRIBUTION PLAN; PROVIDING THAT CHANGES TO CHAPTER 120 ARE LIMITED TO THOSE ONLY IN MANAGERIAL ROLES HIRED UNDER §602.303(W), ORDINANCE CODE, AND CURRENT PLAN PARTICIPANTS, WHO ARE HIRED UNDER §602.303(W), SHALL NOT PARTICIPATE IN THE PLAN; PROVIDING AN EFFECTIVE DATE

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19.    2014-760   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, THREE PARCELS A, B AND C, OPENED AND IMPROVED RIGHTS-OF-WAY IN COUNCIL DISTRICT 11, MAKING UP THE TRAFFIC CIRCLE WHERE TRADEPORT CIRCLE EAST MEETS TRADEPORT DRIVE (THE "SUBJECT PROPERTY"), DEEDED TO THE CITY AS RECORDED IN DEED BOOK 6799, PAGE 1769, OF THE OFFICIAL PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF THE DEVELOPER, THE HASKEW COMPANY ("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 NEIGHBORING PROPERTY OWNERS FOR THE RESPECTIVE APPRAISED VALUES OF $12,700, $8,650 AND $4,400; 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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20.    2014-766   A RESOLUTION REAPPOINTING RAYMOND S. PRINGLE, JR. AS A MEMBER OF THE JACKSONVILLE WATERWAYS COMMISSION, PURSUANT TO CHAPTER 95, ORDINANCE CODE, FOR A SECOND TERM EXPIRING DECEMBER 31, 2017; PROVIDING AN EFFECTIVE DATE

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