All information obtained from this link: http://citycirc.coj.net/coj/2007Default.asp

137.    2008-555   AN ORDINANCE ESTABLISHING THE CONSOLIDATED GOVERNMENT BUDGET FOR 2008-2009; PROVIDING A TABLE OF CONTENTS; APPROPRIATING FUNDS AND ADOPTING BUDGETS FOR THE 2008-2009 FISCAL YEAR FOR THE CITY OF JACKSONVILLE; ESTABLISHING PUBLIC SERVICE GRANTS; ESTABLISHING CAPITAL OUTLAYS; ESTABLISHING CARRYOVERS; PROVIDING FOR FEDERAL PUBLIC SERVICE GRANTS; PROVIDING FOR FEDERAL GRANT PROGRAMS; PROVIDING FOR PROVIDING FOR THE FAMILY CONNECTION OF NORTHEAST FLORIDA APPROPRIATION AND AUTHORIZATION TO CONTRACT; ESTABLISHING THE EMPLOYEE CAP; PROVIDING POSITION ALLOCATIONS AND TEMPORARY HOURS; PROVIDING PROJECTIONS OF FORECASTED GENERAL FUND REVENUES AND EXPENDITURES; PROVIDING FOR THE ALL YEARS BUDGET CITY BANKING FUND; ESTABLISHING THE CAPITAL IMPROVEMENT BUDGET; ESTABLISHING FISCAL YEAR 2009-2013 CAPITAL IMPROVEMENT PROGRAM; PROVIDING SEPTIC TANK FAILURE SCHEDULE PURSUANT TO CHAPTER 751, ORDINANCE CODE; APPROPRIATING FUNDS AND ADOPTING BUDGETS FOR THE 2008-2009 FISCAL YEAR FOR THE JEA, THE WATER AND SEWER EXPANSION AUTHORITY, THE JACKSONVILLE AVIATION AUTHORITY, THE JACKSONVILLE PORT AUTHORITY, THE JACKSONVILLE TRANSPORTATION AUTHORITY, THE POLICE AND FIRE PENSION FUND, AND THE DOWNTOWN VISION BUSINESS IMPROVEMENT DISTRICT; ESTABLISHING BUDGET RESTRICTIONS; PROVIDING FOR CAPITAL PROJECTS; PROVIDING FOR AUTO ALLOWANCE RESTRICTIONS; PROVIDING FOR PENSION CONTRIBUTIONS; WAIVING SECTION 51.102, ORDINANCE CODE, TO FUND JACKSONVILLE CHILDREN'S COMMISSION AS PROVIDED FOR HEREIN; WAIVING THE PROVISIONS OF SECTION 106.106(i) TO ALL $5,000,000 OF RECAPTURE OF FUNDS TO BE APPLIED FIRST TO THE EMERGENCY RESERVE; WAIVING PROVISIONS OF SECTION 106.203 TO ALLOW ORDINANCE CODE AMENDMENTS IN THE CITY'S ANNUAL BUDGET ORDINANCE; WAIVING THE PROVISION IN SECTION 106.219, ORDINANCE CODE, REQUIRING UNIT COST AND SERVICE QUALITY MEAURES; WAIVING PROVISIONS OF CHAPTER 126 AS TO SMG MANAGEMENT INC. AND THE CONTRACT WITH THE CITY OF JACKSONVILLE AND REQUIRING THAT SMG MANAGEMENT INC. COMPLY WITH SMG MANAGEMENT INTERNAL PROCUREMENT POLICIES; AMENDING SECTION 106.304 (MAYORS TRANSFER POWER) TO ALLOW SMG TO TRANSFER FUNDS BETWEEN SUBFUNDS UP TO $500,000 ANNUALLY WITHOUT FURTHER COUNCIL ACTION; AMENDING SECTION 129.112 REGARDING COUNCIL APPOINTED OFFICIALS AND REALIGNING WITH ADMINISTRATIVE EMPLOYEE PRACTICES; PROVIDING FOR THE JACKSONVILLE CHILDREN'S COMMISSION BUDGET TRANSFER POWERS; PROVIDING FOR PUBLIC WORKS CHARGE BACK LIMITATIONS; ESTABLISHING A MUNICIPAL PURPOSE TO SECTION 106.203 (B), ORDINANCE CODE; PROHIBITING TRANSFER AUTHORITY FROM FUNDED BUT UNOCCUPIED POSITIONS BY EXECUTIVE ORDER; PROVIDING A SOLUTION TO THE BUILDING INSPECTION SUBFUND DEFICIT BY MID YEAR BUDGET REVIEW; PROVIDING FOR REVIEW OF RETIRED VEHICLES BEING DELIVERED IN EXCHANGE FOR REPLACEMENT VEHICLES; PROVIDING FOR JACKSONVILLE JOURNEY OVERSIGHT COMMITTEE, APPROPRIATIONS, PROHIBITED TRANSFERS; INCORPORATING SCHEDULES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; 7/22/2008 -  Introduced: F, R  (8-4-08); 8/12/2008 - Read 2nd & Rereferred; F,R; 9/9/2008 - Ph-Dischg R-Sub-Tentatively-Approve; F

REPORT OF THE COMMITTEE ON FINANCE: September 15, 2008

Recommend to SUBSTITUTE and APPROVE.

COUNCIL MEMBERS - Corrigan, Fussell, Graham, Jones, Joost, Webb, Yarborough, ( 7 )

REPORT OF COUNCIL: September 23, 2008

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

The Floor Leader moved the SUBSTITUTE(S).  The motion CARRIED.  The Floor Leader moved the CM Lee FLOOR AMENDMENT.  The motion CARRIED.

Roll Call was ordered.

The Chair declared the File APPROVED as SUBSTITUTED as  AMENDED.

AYES - Bishop, Clark, Corrigan, Fussell, Gaffney, Holt, Hyde, Jones, Jones, Lee, Redman, Shad, Webb, ( 13 )

NAYS - Johnson, Yarborough, ( 2 )

http://citycirc.coj.net/coj/2008/Council/39-September-9-2008.htm

2008-817

ORD Approp $335,610.84 ($135,610.84 from FL Dept of Environmental Protection thru FL Recreation Developmt Assistance Prog (FRDAP) & $200,000 in City Matching Funds from rsv for Federal Progs) to Fund Yancey Park, Providing Funds Carryover to Subsequent FYs, Apv & Auth FRDAP Grant Award Agreemt for Yancey Park Proj with FL Dept of Environmental Protection, Amend 2008-2013 5-yr CIP Apv by Ord 2008-555-E to Add Funding to Existing Scope of "Yancey Park" Proj, Providing Oversight by Dept of Rec & Community Services (B.T. 08-174). (McCain) (Req of Mayor)

Public Hearing Pursuant to Chapt 166, F.S. & CR 3.601 - 9/23/08

1. 9/9/2008 CO  Introduced: F,RCD

108.    2009-510   A RESOLUTION CONCERNING THE PROPOSED AD VALOREM TAX MILLAGE RATE FOR THE 2009 TAX YEAR; ADVISING THE PROPERTY APPRAISER OF THE "ROLLED BACK RATE" AND PROPOSED MILLAGE RATE; SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND THE TENTATIVE BUDGET FOR THE 2009-2010 FISCAL YEAR;  REQUESTING EMERGENCY PASSAGE; PROVIDING AN EFFECTIVE DATE; 7/13/2009 -  Introduced: F 

REPORT OF THE COMMITTEE ON FINANCE: July 20, 2009

Recommend to AMEND and APPROVE as an EMERGENY measure.

COUNCIL MEMBERS - Bishop, Bishop, Crescimbeni, Crescimbeni, Holt, Holt, Joost, Joost, Redman, Redman, Webb, Webb, Yarborough, Yarborough, ( 14 )

REPORT OF COUNCIL: July 28, 2009

The Floor Leader moved the EMERGENCY.  The motion CARRIED by two-thirds vote. 

The Floor Leader moved the AMENDMENT(S). 

The motion CARRIED.

Roll Call was ordered.

The Chair declared the File APPROVED, as AMENDED.

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Davis, Gaffney, Graham, Holt, Hyde, Johnson, Jones, Joost, Lee, Redman, Webb, Yarborough, ( 17 )

NAYS - Fussell, Shad, ( 2 )

2010-554   AN ORDINANCE LEVYING ANNUAL TAXES FOR THE 2010 CALENDAR YEAR ON REAL AND PERSONAL PROPERTY LOCATED IN THE GENERAL SERVICES DISTRICT OF THE CITY OF JACKSONVILLE, NOT INCLUDING THE SECOND, THIRD, FOURTH AND FIFTH URBAN SERVICES DISTRICTS (THE CITIES OF ATLANTIC BEACH, NEPTUNE BEACH, JACKSONVILLE BEACH AND THE TOWN OF BALDWIN); STATING THE PERCENTAGE INCREASE OVER THE 2010 ROLLED-BACK RATE; AUTHORIZING ASSESSMENT AND COLLECTION; PROVIDING FOR THE USE OF THE REVENEUES GENERATED; PROVIDING AN EFFECTIVE DATE; 7/27/2010 -  Introduced: F; 8/10/2010 - Read 2nd & Rereferred; F

REPORT OF THE COMMITTEE ON FINANCE: September 08, 2010

Recommend to AMEND and TENTATIVELY APPROVE.

COUNCIL MEMBERS - Corrigan, Davis, Fussell, Holt, Hyde, Jones, Lee, ( 7 )

REPORT OF COUNCIL: September 14, 2010

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

The Floor Leader moved to TENTATIVELY APPROVE.  The motion CARRIED.

Roll Call was ordered.

The Chair declared the File TENTATIVELY APPROVED and POSTPONED to September 28, 2010.

AYES - Brown, Brown, Corrigan, Davis, Fussell, Gaffney, Holt, Hyde, Jones, Joost, Redman, Shad, Webb, ( 13 )

NAYS - Bishop, Clark, Crescimbeni, Johnson, Yarborough, ( 5 )

125.    2010-557   AN ORDINANCE ESTABLISHING THE CITY OF JACKSONVILLE'S 2010-2011 FISCAL YEAR CONSOLIDATED GOVERNMENT BUDGET; PROVIDING A TABLE OF CONTENTS; APPROPRIATING FUNDS AND ADOPTING BUDGETS FOR THE 2010-2011 FISCAL YEAR FOR THE CITY OF JACKSONVILLE; ESTABLISHING PUBLIC SERVICE GRANTS; ESTABLISHING CAPITAL OUTLAYS; ESTABLISHING CARRYOVERS; PROVIDING FOR FEDERAL PUBLIC SERVICE GRANTS; PROVIDING FOR STATE AND FEDERAL GRANT PROGRAMS; ESTABLISHING THE EMPLOYEE CAP; PROVIDING POSITION ALLOCATIONS AND TEMPORARY HOURS; PROVIDING PROJECTIONS OF FORECASTED GENERAL FUND REVENUES AND EXPENDITURES; PROVIDING FOR THE ALL YEARS BUDGET CITY BANKING FUND; ESTABLISHING THE CAPITAL IMPROVEMENT BUDGET FOR THE 2010-2011 FISCAL YEAR; PROVIDING THE SEPTIC TANK FAILURE SCHEDULE PURSUANT TO CHAPTER 751, ORDINANCE CODE; APPROPRIATING FUNDS AND ADOPTING BUDGETS FOR THE 2010-2011 FISCAL YEAR FOR THE JEA, THE WATER AND SEWER EXPANSION AUTHORITY, THE JACKSONVILLE AVIATION AUTHORITY, THE JACKSONVILLE PORT AUTHORITY, THE JACKSONVILLE TRANSPORTATION AUTHORITY, THE POLICE AND FIRE PENSION FUND, AND THE DOWNTOWN VISION BUSINESS IMPROVEMENT DISTRICT; ESTABLISHING BUDGET RESTRICTIONS; PROVIDING FOR CAPITAL PROJECTS; PROVIDING FOR AUTO ALLOWANCE RESTRICTIONS; PROVIDING FOR PENSION CONTRIBUTIONS; WAIVING SECTION 51.102, ORDINANCE CODE, TO FUND JACKSONVILLE CHILDREN'S COMMISSION AS PROVIDED FOR HEREIN; WAIVING THE CASH FUNDING PROVISIONS OF SECTION 106.216(h); WAIVING THE PROVISION IN SECTION 106.219, REQUIRING UNIT COST AND SERVICE QUALITY MEASURES; WAIVING THE PROVISIONS OF CHAPTER 126 AS TO SMG MANAGEMENT INC. PROCUREMENT POLICIES; WAIVING THE PROVISIONS OF SECTION 106.203(a) TO AUTHORIZE CODIFICATIONS; WAIVING THE PROVISION OF 129.102 REGARDING SALARIES OF COUNCIL MEMBERS FOR FISCAL YEAR 2010-2011; FOR THE JACKSONVILLE CHILDREN'S COMMISSION COMPREHENSIVE BUDGET TRANSFER POWERS; PROVIDING FOR PUBLIC WORKS CHARGE BACK LIMITATIONS; PROVIDING FOR TOURIST DEVELOPMENT COUNCIL TO ADMINISTER BUDGET AND MAKE GRANTS; ESTABLISHING A MUNICIPAL PURPOSE IN COMPLIANCE WITH SECTION 106.203(b), REGARDING FOOD AND BEVERAGE PURCHASING; AMENDING SECTION 20.110 (MAYORAL TRANSITION), TO REMOVE THE REFERENCE TO CENTRAL SERVICES DEPARTMENT; AMENDING SECTION 51.104 (POWERS AND DUTIES), TO ALLOW JACKSONVILLE CHILDREN'S COMMISSION PROVIDERS TO PROVIDE LIGHT SNACKS AND BEVERAGES AS PART OF THEIR PROGRAMS; AMENDING CHAPTER 90 (BOARD OF LIBRARY TRUSTEES), ORDINANCE CODE, TO MAKE CHANGES REGARDING THE CHIEF LIBRARIAN;  AMENDING SECTION 111.760 (TREE PROTECTION AND RELATED EXPENSES TRUST FUND), TO INCREASE TREE MAINTENANCE FUNDS TO 25% OF AMOUNT BUDGETED FOR THE THEN CURRENT FISCAL YEAR; PROVIDING FOR OPERATIONS, FUNCTIONS AND REGULATION OF THE JACKSONVILLE JOURNEY, AND ITS OVERSIGHT COMMITTEE; INCORPORATING SCHEDULES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; 7/27/2010 -  Introduced: F; 8/10/2010 - Read 2nd & Rereferred; F; 9/14/2010 - PH/ SUBSTITUTED/Tentatively Approved/Postponed to 9/28/10  13-5 (Bishop, Clark, Crescimbeni, Johnson, Yarborough)REPORT OF COUNCIL: September 28, 2010

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

The Floor Leader moved the SUBSTITUTE(S).  The motion CARRIED.

Roll Call was ordered.

The Chair declared the File APPROVED as SUBSTITUTED

AYES - Brown, Brown, Corrigan, Fussell, Gaffney, Holt, Hyde, Jones, Joost, Shad, Webb, ( 11 )

NAYS - Bishop, Clark, Crescimbeni, Johnson, Lee, Redman, Yarborough, ( 7 )

Webb voted for this tax increase - 2009 City of Jacksonville Tax Rate – 9.2727

Webb voted for this tax increase - 2010 City of Jacksonville Tax Rate – 10.0353

GARBAGE FEES

76.    2010-216   AN ORDINANCE AMENDING CHAPTER 106 (BUDGET AND ACCOUNTING CODE), PART 1 (GENERAL PROVISIONS) BY CREATING NEW SECTION 106.112 (ANNUAL REVIEW OF FEES), ORDINANCE CODE, TO REQUIRE THE CITY'S CHIEF FINANCIAL OFFICER (CFO) TO CONDUCT AN ANNUAL REVIEW OF CITY FEES AND TO AUTHORIZE THE CFO TO INCREASE FEES IN CASES IN WHICH THE CITY'S COST OF PROVIDING A SERVICE EXCEEDS THE AMOUNT OF THE FEE THEREFOR;  AMENDING CHAPTER 123 (PUBLIC FEES), PART I (IN GENERAL), SECTION 123.102 (FEES ESTABLISHED), ORDINANCE CODE, TO DELETE CERTAIN FEES, MODIFY CURRENT DEPARTMENT FEES, ESTABLISH ADDITIONAL DEPARTMENT FEES, AND MOVE CERTAIN FEES FROM THE PUBLIC WORKS DEPARTMENT TO THE PLANNING AND DEVELOPMENT DEPARTMENT; AMENDING CHAPTER 124 (PUBLIC RECORDS), PART 1 (DISTRIBUTION AND SALE OF DOCUMENTS), SECTION 124.108 (MAPS, PLATS AND REAL ESTATE RECORDS), ORDINANCE CODE, TO ESTABLISH FEES FOR MANUALS AND BOOKS; AMENDING CHAPTER 307 (HISTORIC PRESERVATION AND PROTECTION), PART 2 (APPELLATE PROCEDURE), SECTION 307.208 (FEES ESTABLISHED), ORDINANCE CODE, TO MODIFY CURRENT FEES AND ESTABLISH NEW FEES FOR THE ADMINISTRATIVE REVIEW OF AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS; AMENDING CHAPTER 320 (GENERAL PROVISIONS), PART 4 (PERMITS), SECTIONS 320.408 (PERMITS) AND 320.409 (SCHEDULE OF PERMIT FEES), ORDINANCE CODE, TO INCREASE CERTAIN BUILDING AND CONSTRUCTION PERMIT FEES; AMENDING CHAPTER 382 (WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY), PART 5 (SOLID WASTE SERVICE FEE), SECTION 382.501 (SOLID WASTE FEE IMPOSED), ORDINANCE CODE, TO INCREASE THE RESIDENTIAL SOLID WASTE FEE; AMENDING CHAPTER 420 (GENERAL PROVISIONS), PART 2 (OPERATIONAL PROVISIONS), SECTION 420.214 (INSTALLATION, MAINTENANCE AND LOCATION OF FIRE HYDRANTS), ORDINANCE CODE, TO REQUIRE PERMIT FOR FIRE HYDRANT PERFORMANCE TEST;   AMENDING CHAPTER 518 (JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE), ADDENDUM A (RATES AND FEES), ORDINANCE CODE, TO ESTABLISH A MAINTENANCE CODE SPECIAL SERVICE INSPECTION FEE; AMENDING CHAPTER 650 (COMPREHENSIVE PLANNING FOR FUTURE DEVELOPMENT), PART 4 (AMENDMENTS TO THE COMPREHENSIVE PLAN), SECTIONS 650.401 (GENERAL), 650.403 (WITHDRAWAL OR AMENDMENT OF APPLICATION) AND 650.413 (SCHEDULE OF FEES), ORDINANCE CODE, TO MODIFY THE LAND USE AMENDMENT PROCESS AND CURRENT FEES AND ESTABLISH NEW FEES; AMENDING CHAPTER 655 (CONCURRENCY MANAGEMENT SYSTEM), PART 1 (GENERAL PROVISIONS), SECTION 655.116 (SCHEDULE OF FEES), PART 2 (JACKSONVILLE DEVELOPMENT AGREEMENT REGULATIONS), SECTION 655.209 (SCHEDULE OF FEES), AND PART 3 (FAIR SHARE ASSESSMENT PROCEDURES), SECTIONS 655.304 (FAIR SHARE ADMINISTRATIVE PROCEDURES; ADMINISTRATIVE APPROVAL PROCESS FOR FAIR SHARE ASSESSMENT CONTRACTS WITH ASSESSMENTS LESS THAN $100,000), 655.305 (PUBLIC NOTICE AND HEARING REQUIREMENTS FOR COUNCIL APPROVAL OF FAIR SHARE ASSESSMENT CONTRACTS WITH ASSESSMENTS OF $100,000 OR MORE, OR WITH TERMS LONGER THAN FIVE YEARS) AND 655.309 (EXTENSION OF FAIR SHARE ASSESSMENT CONTRACTS), ORDINANCE CODE, TO MODIFY CURRENT FEES AND ESTABLISH NEW FEES FOR CONCURRENCY; AMENDING CHAPTER 656 (ZONING CODE), PART 1 (GENERAL PROVISIONS), SUBPART D (ZONING EXCEPTIONS, VARIANCES AND WAIVERS, AMENDMENTS TO FINAL ORDER, APPEALS OF WRITTEN INTERPRETATIONS OF THE DIRECTOR AND APPEALS OF FINAL ORDERS OF THE COMMISSION), SECTION 656.147 (SCHEDULE OF FEES), AND SUBPART E (CERTIFICATES OF USE), SECTION 656.152 (CERTIFICATE OF USE APPLICATION AND FEE), AND PART 15 (COMMUNICATION TOWER AND ANTENNA REGULATIONS), SECTIONS 656.1508 (APPLICATION REQUIREMENTS), 656.1509 (TOWER REVIEW COMMITTEE), 656.1510 (WIRELESS COMMUNICATION ANTENNAS) AND 656.1513 (TEMPORARY TOWERS),  ORDINANCE CODE, TO MODIFY CURRENT AND ESTABLISH NEW APPLICATION FEES; PROVIDING AN EFFECTIVE DATE; 3/23/2010 -  Introduced: F,LUZ; 4/13/2010 - PH Read 2nd & Rereferred; F, LUZ

REPORT OF THE COMMITTEE ON FINANCE: April 19, 2010

Recommend to AMEND and  APPROVE.

COUNCIL MEMBERS - Gaffney, Holt, Joost, Lee, Webb, ( 5 )

REPORT OF THE COMMITTEE ON LAND USE & ZONING: April 20, 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.

COUNCIL MEMBERS - Brown, Davis, Gaffney, Holt, Jones, Joost, ( 6 )

REPORT OF COUNCIL: April 27, 2010

The Floor Leader moved the First Amendment.  The motion CARRIED.

The Floor Leader moved the Second Amendment.  The motion CARRIED.

The Chair declared the File APPROVED as twice AMENDED.

AYES - Bishop, Clark, Corrigan, Crescimbeni, Davis, Fussell, Holt, Hyde, Joost, Shad, Webb, ( 11 )

NAYS - Brown, Gaffney, Johnson, Jones, Redman, Yarborough, ( 6 )

2010-446   A ORDINANCE OF THE CITY OF JACKSONVILLE, FLORIDA, RELATING TO THE COLLECTION OF SOLID WASTE WITHIN ALL OF DUVAL COUNTY EXCEPTING THE CITIES OF JACKSONVILLE BEACH, ATLANTIC BEACH, AND NEPTUNE BEACH, AND THE TOWN OF BALDWIN OR AS SET FORTH IN THE CITY OF JACKSONVILLE CHARTER, ALL PROPERTIES WITHIN THE GENERAL SERVICES DISTRICT OF THE CONSOLIDATED CITY OF JACKSONVILLE, EXCLUDING URBAN SERVICES DISTRICTS 2, 3, 4 AND 5; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF JACKSONVILLE, FLORIDA; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE; 6/8/2010 -  Introduced: F,TEU; 6/22/2010 - Read 2nd & Rereferred; F, TEU; 7/27/2010 - PH Only

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 02, 2010

Recommend to APPROVE.

COUNCIL MEMBERS - Bishop, Corrigan, Crescimbeni, Hyde, ( 4 )

REPORT OF THE COMMITTEE ON FINANCE: August 03, 2010

Recommend to APPROVE.

COUNCIL MEMBERS - Corrigan, Davis, Fussell, Jones, ( 4 )

REPORT OF COUNCIL: August 10, 2010

The Floor Leader moved APPROVAL.  The motion CARRIED.

Roll Call was ordered.

The Chair declared the File APPROVED.

AYES - Bishop, Brown, Clark, Corrigan, Crescimbeni, Davis, Gaffney, Holt, Johnson, Jones, Joost, Lee, Redman, Shad, Webb, ( 15 )

JEA FEES

2007-838

2007-838   AN ORDINANCE RELATING TO THE JEA AND THE CHARTER, AMENDING ARTICLE 21 (JEA), IN COMPLIANCE WITH SECTION 21.11 OF SAID CHARTER; AMENDING SECTION 21.07 (FISCAL AND BUDGETARY FUNCTIONS) TO AMEND SUBSECTION (C) TO MODIFY THE PURPOSES FOR THE FEES AUTHORIZED THEREIN, AND TO ADD A NEW SECTION 21.07(L) TO PROVIDE FOR THE PAYMENT OF FRANCHISE FEES SETTING A MINIMUM AND MAXIMUM FEE TO THE CITY FROM DESIGNATED REVENUES OF THE JEA ELECTRIC, WATER AND SEWER UTILITY SYSTEMS, NOT INCLUDING URBAN SERVICES DISTRICTS 2-5, COMMENCING APRIL 1, 2008; AUTHORIZING PASS-THROUGH OF SAID FEES; AUTHORIZING THE MAYOR TO INITIATE AND THE CITY COUNCIL TO AMEND, BY TWO-THIRDS SUPERMAJORITY, THE AMOUNT OF THE FRANCHISE FEES UP TO A MAXIMUM SIX (6%) PERCENT; PROVIDING FOR AN EFFECTIVE DATE

Taxing Districts for Duval County:
GS     - City of Jacksonville
USD1 - City of Jacksonville
USD2 - City of Jacksonville Beach
USD3 - City of Atlantic Beach
USD4 - City of Neptune Beach
USD5 - City of Baldwin

http://citycirc1.coj.net/coj/COJbillDetail.asp?F=2007-0838\Current%...

Introduced by the Council President at the request of the Mayor and amended by the Transportation, Energy and Utilities Committee:

ORDINANCE 2007-838-E

AN ORDINANCE RELATING TO THE JEA AND THE CHARTER, AMENDING ARTICLE 21 (JEA), IN COMPLIANCE WITH SECTION 21.11 OF SAID CHARTER; AMENDING SECTION 21.07 (FISCAL AND BUDGETARY FUNCTIONS) TO AMEND SUBSECTION (C) TO MODIFY THE PURPOSES FOR THE FEES AUTHORIZED THEREIN, AND TO ADD A NEW SECTION 21.07(L) TO PROVIDE FOR THE PAYMENT OF FRANCHISE FEES SETTING A MINIMUM AND MAXIMUM FEE TO THE CITY FROM DESIGNATED REVENUES OF THE JEA ELECTRIC, WATER AND SEWER UTILITY SYSTEMS, NOT INCLUDING URBAN SERVICES DISTRICTS 2-5, COMMENCING APRIL 1, 2008; AUTHORIZING PASS-THROUGH OF SAID FEES; AUTHORIZING THE MAYOR TO INITIATE AND THE CITY COUNCIL TO AMEND, BY TWO-THIRDS SUPERMAJORITY, THE AMOUNT OF THE FRANCHISE FEES UP TO A MAXIMUM SIX (6%) PERCENT; PROVIDING FOR AN EFFECTIVE DATE.

[. . .]

WHEREAS, it is the intent of the City that the franchise fee established herein has been designed with “pass-throughs” so as to not affect the JEA’s rate structure or its financial standing in the market place; now therefore

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1.      Section 21.07 (Fiscal and Budgetary Functions) Charter Amended. Section 21.07 (Fiscal and Budgetary Functions) Charter of the City of Jacksonville, is amended to read as follows:

Section 21.07. Fiscal and budgetary functions.

JEA shall have fiscal and budgetary functions, subject to the limitations herein expressed:

(c)   As consideration for the unique relationship between the City of Jacksonville and JEA, as a tax-exempt entity within the consolidated government, and in recognition of the shared attributes with the consolidated City of Jacksonville in connection with its electric, water, and sewer distribution systems use by JEA of the public rights-of-way used by it in connection with its electric distribution system and its water and sewer distribution and collection system, there shall be assessed upon JEA in each fiscal year, for the uses and purposes of the city, from the revenues of the electric system and the water and sewer system operated by JEA available after the payment of all costs and expenses incurred by JEA in connection with the operation of such electric system and water and sewer system (including, without limitation, all costs of operation and maintenance, debt service on all obligations issued by JEA in connection with such electric system and water and sewer system and required reserves therefore and the annual deposit to the depreciation and reserve account required pursuant to section 21.07(g)), an amount as provided herein. Effective October 1, 2003, JEA shall pay the city an assessment for the electric system, calculated by multiplying 9.84346% by the sum of JEA's base rate electric revenues and fuel rate electric revenues during the twelve-month period ending on April 30 of the fiscal year immediately preceding the fiscal year for which such assessment is applicable. No electric system assessment shall be paid on franchise fees, state utility taxes, fuel related interchange sales, investment income and other revenues. In addition, JEA shall pay the City an assessment for the water and sewer system, calculated by multiplying 9.84346% by the sum of JEA's water rate revenues and sewer rate revenues during the twelve-month period ending on April 30 of the fiscal year immediately preceding the fiscal year for which such assessment is applicable. No water and sewer system assessment shall be paid on franchise fees, state utility taxes, investment income and other revenues. The combined assessment for the electric system and the water and sewer system shall not exceed the sum of (i) the amount calculated by multiplying 5.513 mills by the gross kilowatt-hours delivered by JEA to retail users of electricity in JEA's service area and to wholesale customers under firm contracts having an original term of more than one year (other than sales of energy to Florida Power and Light Company from JEA's St. Johns River Power Park System) during the twelve-month period ending on April 30 of the fiscal year immediately preceding the fiscal year for which such assessment is applicable plus (ii) the amount calculated by multiplying 2.149 mills by the number of cubic feet of potable water and cubic feet of sewer service, excluding reclaimed water service, provided to consumers during the twelve-month period ending on April 30 of the fiscal year immediately preceding the fiscal year for which such assessment is applicable. Notwithstanding the foregoing not-to-exceed amount for the combined assessment, JEA shall pay the city each fiscal year, from fiscal year 2004-2005 through fiscal year 2007-2008, an additional amount, if necessary, to ensure a minimum annual increase of $2,750,000, using the fiscal year 2003-2004 combined assessment of $83,187,538 as the base year.

*  *  *

(l) In addition to all other sums paid by JEA to the City of Jacksonville, JEA shall pay to the City of Jacksonville a franchise fee in an amount equal to three percent (3%) of the revenues of the electric system and the water and sewer system as set forth in Section 21.07(c) herein. The franchise fee will commence for revenues derived effective April 1, 2008 and shall be paid monthly with the first payment payable on June 1, 2008. The franchise fee shall be limited to (1) revenues derived within Duval County not including Urban Service Districts 2-5, and (2) per customer, total  water and sewer rate revenues, and (3) up to a per customer maximum of $2,400,000 per fiscal year of electric rate revenues.  The franchise fee shall be calculated each month by multiplying three percent (3%) by the sum of JEA’s base rate electric revenues, fuel rate revenues, water rate revenues and sewer rate revenues for that month excluding unbilled revenues and uncollectible accounts.  The franchise fee shall be calculated on revenues derived from the sale of gross kilowatt-hours and number of cubic feet of potable water and cubic feet of sewer service as set forth in Section 21.07(c).  Notwithstanding the foregoing, no franchise fee shall be paid on franchise fees, state utility taxes, fuel related interchange sales, sales for resale, City of Jacksonville accounts, JEA accounts, investment income and other revenues. JEA shall be authorized to pass-through the amount of the franchise fees set forth herein and associated charges resulting from the stated three percent (3%) franchise fee calculation on rate revenues notwithstanding the $2,400,000 limit set forth herein to the customers of JEA, in accordance with the customers’ proportionate share of rate revenues as calculated above.  This franchise fee is in consideration of the administrative costs incurred by the City to coordinate functions and services with JEA, for the exclusive right to serve electric, water and sewer customers, for use by JEA of the public rights-of-way used by it in connection with its electric distribution system and its water and sewer distribution and collection system, and in further consideration of the unique relationship of JEA and the City, in which JEA is a wholly owned public utility, and such other good and valuable consideration that has been agreed to between JEA and the City of Jacksonville. The gross franchise fee and the amount of the pass-through set forth herein may be increased by ordinance, initiated by the Mayor and approved by two-thirds supermajority of the City Council, but the franchise fee shall not exceed six percent (6%) of the gross utility revenues as calculated above.  The JEA and the City shall enter into a Franchise Fee Agreement for the administration of the Franchise Fee.

City Charter Reference Data

http://library.municode.com/HTML/12174/level3/CHRELA_PTACHLACHJAFL_...

Section 21.07. - Fiscal and budgetary functions.

JEA shall have fiscal and budgetary functions, subject to the limitations herein expressed:

(a)

The fiscal year of JEA shall commence on October 1 of each year and end on the following September 30.

(b)

JEA shall prepare and submit its budget for the ensuing year to the city on or before July 1 of each year, setting forth its estimated gross revenues and other available funds, and estimated requirements for operations and maintenance expenses, capital outlay, debt service, and depreciation and reserve account. The council and the mayor shall approve or disapprove such budget in the manner provided in article 14 for budgets of independent agencies.

(c)

As consideration for the unique relationship between the City of Jacksonville and JEA, as a tax-exempt entity within the consolidated government, and in recognition of the shared attributes with the consolidated City of Jacksonville in connection with its electric, water, and sewer distribution systems, there shall be assessed upon JEA in each fiscal year, for the uses and purposes of the city, from the revenues of the electric system and the water and sewer system operated by JEA available after the payment of all costs and expenses incurred by JEA in connection with the operation of such electric system and water and sewer system (including, without limitation, all costs of operation and maintenance, debt service on all obligations issued by JEA in connection with such electric system and water and sewer system and required reserves therefore and the annual deposit to the depreciation and reserve account required pursuant to section 21.07(g)), an amount as provided herein. Effective October 1, 2008, consistent with the provisions of this section 21.07(c), JEA shall pay the city a combined assessment for the electric system and the water and sewer system. The combined assessment for the electric system and the water and sewer system shall equal, but not exceed the sum of (i) the amount calculated by multiplying 5.513 mills by the gross kilowatt-hours delivered by JEA to retail users of electricity in JEA's service area and to wholesale customers under firm contracts having an original term of more than one year (other than sales of energy to Florida Power and Light Company from JEA's St. Johns River Power Park System) during the twelve-month period ending on April 30 of the fiscal year immediately preceding the fiscal year for which such assessment is applicable plus (ii) the amount calculated by multiplying 2.149 mills by the number of cubic feet of potable water and cubic feet of sewer service, excluding reclaimed water service, provided to consumers during the twelve-month period ending on April 30 of the fiscal year immediately preceding the fiscal year for which such assessment is applicable. Notwithstanding the foregoing not-to-exceed amount for the combined assessment, JEA shall pay the city each fiscal year, from fiscal year 2008-2009 through fiscal year 2015-2016, an additional amount, if necessary, to ensure a minimum annual increase of $ $2,500,000, using the fiscal year 2007-2008 combined assessment of $ $94,187,538 as the base year.

(d)

The assessment calculations for the electric system and the water and sewer system shall be in effect until September 30, 2013, when the council may reconsider the assessment calculations. The council may reconsider the assessment calculations every fifth year thereafter. The council may change the assessment calculations by ordinance within the provisions of this section 21.07. Should the council not reconsider the assessment calculations, the assessments shall be calculated using the existing formulas. If either federal or state laws are enacted or regulatory actions are taken that adversely impact JEA's financial position for the electric utility system or the water and sewer utility system, the council shall promptly consider enacting such changes to this section 21.07 as may be negotiated by JEA and the council to mitigate such adverse impact.

(e)

The council shall have the power to appropriate annually a portion of the available revenues of each utility system (other than the electric, water and sewer systems) operated by JEA for the uses and purposes of the city. This appropriation shall be based on a formula to be agreed upon by JEA and the council.

(f)

JEA shall pay over to the city (i) the amounts assessed upon JEA pursuant to section 21.07(c) and (ii) such portions of the funds actually appropriated by the council pursuant to section 21.07(e) at such time as the council may request, but not in advance of collection. Although the calculation for (i) the amounts assessed upon JEA pursuant to section 21.07(c) and (ii) the annual transfer of available revenue from JEA to the city pursuant to section 21.07(e) is based upon formulas that are applied specifically to the respective utility systems operated by JEA, JEA, in its sole discretion, may utilize any of its revenues regardless of source to satisfy its total annual obligation to the city mandated by said sections 21.07(c)and (e).

(g)

JEA shall be required to set aside each year in a depreciation and reserve account established for each utility system it operates, an amount equal to not less than 10 percent of its annual net revenues for the previous year attributable to each such system. For such purpose, "annual net revenue" shall mean annual gross revenues derived by JEA from the operation of such system reduced by expenses for operation and maintenance allocable to such system and debt service allocable to such system. Funds set aside in each such depreciation and reserve account shall be used exclusively for enlargements, extensions, improvements and replacements of capital assets of the utility system for which such account was established or to pay or provide for the payment of JEA's bonds, notes or revenue certificates relating specifically to such system; provided, however, that if JEA by resolution determines that it is in the best interests of JEA to use all or any portion of the funds set aside in the depreciation and reserve account established with respect to a particular utility system for the purposes of another utility system, then such funds may be so applied.

(h)

JEA shall not be required to utilize the personnel, motorpool, purchasing, communication or information systems services of the city. By mutual agreement of JEA and the city such services may be provided from one party to the other but only on a cost-accounted basis. JEA shall be required to use the legal services of the city on a cost-accounted basis except in those cases when the chief legal officer of the city determines that the city legal staff cannot or should not provide legal services in the required legal area. JEA shall appropriate the funds necessary to meet the obligations for outside legal services as determined by the chief legal officer of the city. Such chief legal officer shall consult with JEA before he or she selects outside counsel.

(i)

Unless otherwise determined by JEA, all revenues and service charges receivable by JEA as payment for the sale of utilities services shall be collected and received by the tax collector. The tax collector shall deposit to the account of or otherwise turn over to JEA such funds at such times and in such manner as JEA may from time to time designate by resolution. JEA may provide for the collection of such revenues and service charges directly by JEA, provided that the council auditor shall be notified in writing of any proposed change from the current collection process utilizing the Tax Collector and that such change shall not take place until the next fiscal year after such notice is given.

(j)

JEA shall employ and fix the compensation of the managing director, who shall manage the affairs of the utilities system under the supervision of JEA. The entire working time of such managing director shall be devoted to the performance of the duties of such office and the managing director shall have no outside employment or business. The managing director shall be a graduate of an accredited college or university, or have at least ten years' managerial experience in a consumer-oriented industry or comparable enterprise. JEA may appoint and fix the compensation of 48 staff assistants to the managing director, to serve at the pleasure of JEA. JEA shall employ and fix the compensation of the department heads, deputy directors of departments, division chiefs and assistant division chiefs of the utilities system. JEA may adopt position titles different from those recited herein, consistent with utility industry practice. The managing director, department heads, deputy directors of departments, staff assistants, division chiefs and assistant division chiefs shall not be included within the civil service system of the city. JEA may employ such certified public accountants, consultants and other employees for special purposes, not within the civil service system, as it may require, and fix and pay their compensation. Whenever used in this s. 21.07(i), "compensation" shall mean both salary and benefits, exclusive of city pension benefits. All personnel appointed by JEA pursuant to this s. 21.07(i) shall participate in the City of Jacksonville pension plan in the same manner as other employees of JEA who participate in such plan. However JEA shall have the option to establish an employee deferred compensation program separate from the city's employee deferred compensation program.

(k)

JEA is authorized to pay over to other local governmental units outside the city annually a portion of available revenues derived from operations in such local governmental units' territories, for the uses and purposes of such local governmental units, an amount not to exceed that which would be calculated using the procedures in Sections 21.07(c)and (e), but only to the extent that JEA is able to, and does, include in the rates imposed only upon the customers in such local governmental units' territories the total amounts in respect of such payments.

(l)

In addition to all other sums paid by JEA to the City of Jacksonville, JEA shall pay to the City of Jacksonville a franchise fee in an amount equal to three percent (3%) of the revenues of the electric system and the water and sewer system as set forth in Section 21.07(c) herein. The franchise fee will commence for revenues derived effective April 1, 2008 and shall be paid monthly with the first payment payable on June 1, 2008. The franchise fee shall be limited to (1) revenues derived within Duval County not including Urban Service Districts 2-5, and (2) per customer, total water and sewer rate revenues, and (3) up to a per customer maximum of $2,400,000 per fiscal year of electric rate revenues. The franchise fee shall be calculated each month by multiplying three percent (3%) by the sum of JEA's base rate electric revenues, fuel rate revenues, water rate revenues and sewer rate revenues for that month excluding unbilled revenues and uncollectible accounts. The franchise fee shall be calculated on revenues derived from the sale of gross kilowatt-hours and number of cubic feet of potable water and cubic feet of sewer service as set forth in Section 21.07(c). Notwithstanding the foregoing, no franchise fee shall be paid on franchise fees, state utility taxes, fuel related interchange sales, sales for resale, City of Jacksonville accounts, JEA accounts, investment income and other revenues. JEA shall be authorized to pass-through the amount of the franchise fees set forth herein and associated charges resulting from the stated three percent (3%) franchise fee calculation on rate revenues notwithstanding the $2,400,000 limit set forth herein to the customers of JEA, in accordance with the customers' proportionate share of rate revenues as calculated above. This franchise fee is in consideration of the administrative costs incurred by the City to coordinate functions and services with JEA, for the exclusive right to serve electric, water and sewer customers, for use by JEA of the public rights-of-way used by it in connection with its electric distribution system and its water and sewer distribution and collection system, and in further consideration of the unique relationship of JEA and the City, in which JEA is a wholly owned public utility, and such other good and valuable consideration that has been agreed to between JEA and the City of Jacksonville. The gross franchise fee and the amount of the pass-through set forth herein may be increased by ordinance, initiated by the Mayor and approved by two-thirds supermajority of the City Council, but the franchise fee shall not exceed six percent (6%) of the gross utility revenues as calculated above. The JEA and the City shall enter into a Franchise Fee Agreement for the administration of the Franchise Fee.

(Laws of Fla., Ch. 78-538, § 1; Laws of Fla., Ch. 80-515, § 1; Ord. 81-921-490, § 1; Ord. 84-1307-754, § 25 ; Ord. 89-1001-632, § 1; Laws of Fla., Ch. 92-341, § 1; Ord. 93-82-1385, § 1; Ord. 97-12-E, § 2; Ord. 98-253-E, § 1; Ord. 2003-1320-E, § 1; Ord. 2007-838-E, § 1; Ord. 2007-1132-E, § 1)