2008-130

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Introduced by the Council President at the request of the Mayor and
Council Member M. Jones:
ORDINANCE 2008-130
AN ORDINANCE APPROPRIATING $14,720,000 FROM
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
(SJRWMD) TO PROVIDE FUNDING FOR (1) MICROBIAL
SOURCE TRACKING, (2) CONSTRUCTION OF SEWER
INFRASTRUCTURE FOR THE OAKWOOD VILLAS ESTATES
PHASE 2 PROJECT, (3) UTIP PROGRAMS, (4) SEPTIC
TANK ENFORCEMENT PROGRAMS, (5) A WATER QUALITY
OUTREACH CAMPAIGN, AND (6) CONSTRUCTION OF
SEWER INFRASTRUCTURE FOR THE LINCOLN VILLAS
SERVICE AREA I PROJECT, AS INITIATED BY B.T.
08-091; PROVIDING A CARRYOVER OF FUNDS TO
SUBSEQUENT FISCAL YEARS; AMENDING THE 20072012 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
APPROVED BY ORDINANCE 2007-814-E TO PROVIDE
ADDITIONAL FUNDING FOR THE PROJECTS ENTITLED
“OAKWOOD VILLAS” AND “LINCOLN VILLAS”;
APPROVING AND AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE
THE AGREEMENT FOR TRIBUTARY WATER QUALITY
RESTORATION, LOWER ST. JOHNS RIVER BASIN
BETWEEN THE CITY AND SJRWMD (THE “SJRWMD
AGREEMENT”); APPROVING AND AUTHORIZING THE
MAYOR, OR HIS DESIGNEE, AND CORPORATION
SECRETARY TO EXECUTE SUBCONTRACTS WITH THE
WATER AND SEWER EXPANSION AUTHORITY (WSEA) AND
THE DUVAL COUNTY HEALTH DEPARTMENT (DCHD) FOR
PERFORMING CERTAIN OF THE OBLIGATIONS OF THE
SJRWMD AGREEMENT TRIBUTARY WATER QUALITY
RESTORATION; PROVIDING FOR OVERSIGHT BY THE
ENVIRONMENTAL AND COMPLIANCE DEPARTMENT;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1.
Appropriation. For the 2007-2008 fiscal year,
within the City’s budget, there are hereby appropriated the
indicated sum(s) from the account(s) listed in subsection (a) to
the account(s) listed in subsection (b):
(B.T. 08-091 attached hereto as Exhibit 1 and incorporated herein
by this reference)
(a)
Appropriated from:
See B.T. 08-091
$14,720,000
(b) Appropriated to:
See B.T. 08-091
$14,720,000
Section 2.
Carryover. The funds appropriated in this
ordinance shall not lapse but shall carryover from year to year.
Section 3.
Purpose. The purpose of the appropriation in
Section 1 is to provide for authorization of a cost reimbursement
contract for a period of three (3) years in the amount of
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$14,720,000 between the City of Jacksonville and the St. Johns
River Water Management District to fund projects for tributary
water quality restoration in the Lower St. Johns River Basin.
There are 6 components to the restoration project: 1) Microbial
Source Tracking, for which $145,000 is budgeted for the City of
Jacksonville to issue and manage a contract for services to assess
fecal coliform bacteria impairment of tributaries in order to
prioritize restoration efforts; 2) Oakwood Villas Estates Phase 2
project, for which $11,200,000 is budgeted for the Water and Sewer
Expansion Authority to engineer, design, plan and construct a
combination traditional gravity and vacuum sewer infrastructure for
approximately 515 homes and allow for the phaseout of existing
septic tanks; 3) UTIP funding, for which $200,000 is budgeted for
the City of Jacksonville Housing Services Division to administer a
program that ensures property owners who qualify through UTIP can
obtain funds to be used exclusively for the proper abandonment of
failing septic tanks and the connection to sanitary sewer including
all fees and permits; 4) Septic Tank Enforcement Project, for which
$325,000 is budgeted for the Duval County Health Department to
structure and operate the Septic Tank Enforcement Project to
inventory existing septic systems, evaluate the condition of each
septic system, facilitate repairs as necessary, and track
inspections and results; 5) Water Quality Outreach Campaign, for
which $50,000 is budgeted to the City of Jacksonville to develop a
comprehensive campaign raising public awareness concerning septic
tank and pet waste contributions to fecal coliform pollution; and
6) Lincoln Villas Service Area I project, for which $2,800,000 is
budgeted for the Water and Sewer Expansion Authority to engineer,
design, plan and construct traditional gravity sewer infrastructure
for approximately 85 access points and allow for the phaseout of
existing septic tanks.
Section 4.
CIP Amendment. Ordinance 2007-814-E, being
the 2007-2012 Five-Year Capital Improvement Program for the City
and certain of its independent agencies, is hereby amended to
provide funding for the projects entitled “Oakwood Villas” and
“Lincoln Villas”. These projects are more fully described on the
Project Information Sheets, attached hereto as Exhibit 2, labeled
“Project Information Sheet, February 6, 2008,” and incorporated
herein by this reference. This ordinance shall constitute an
amendment to Ordinance 2007-814-E. In all other respects, the
Five-Year Capital Improvement Program approved by Ordinance 2007814-E shall continue in full force and effect.
Section 4.
Authorization of Agreement with SJRWMD. There
is hereby approved, and the Mayor, or his designee, and Corporation
Secretary are hereby authorized to execute, for and on behalf of
the City, the Agreement for Tributary Water Quality Restoration,
Lower St. Johns River Basin, between the City of Jacksonville and
the Florida Department of Transportation, in substantially the form
as is attached hereto as Exhibit 3, labeled “SJRWMD Agreement,
January 29, 2008,” and incorporated herein by this reference.
Section 5.
Authorization of Subcontract with WSEA. There
is hereby approved, and the Mayor, or his designee, and Corporation
Secretary are hereby authorized to execute, for and on behalf of
the City, a Subcontract with the Water and Sewer Expansion
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Authority (WSEA) for WSEA to perform certain obligations under the
SJRWMD Agreement, in substantially the form as is attached hereto
as Exhibit 4, labeled “WSEA Subcontract, February 6, 2008,” and
incorporated herein by this reference.
Section 6.
Authorization of Subcontract with DCHD. There
is hereby approved, and the Mayor, or his designee, and Corporation
Secretary are hereby authorized to execute, for and on behalf of
the City, a Subcontract with the Duval County Health Department
(DCHD) for DCHD to perform certain obligations under the SJRWMD
Agreement, in substantially the form as is attached hereto as
Exhibit 5, labeled “DCHD Subcontract, February 6, 2008,” and
incorporated herein by this reference.
Section 7.
Further Authorizations. The Mayor, or his
designee, and the Corporation Secretary, are hereby authorized to
execute the Agreement, the WSEA Subcontract and the DCHD
Subcontract substantially in the forms attached hereto, and all
other contracts and documents related thereto, and otherwise take
all necessary action in connection therewith and herewith, and to
negotiate and execute all necessary changes and amendments to the
Agreement, the WSEA Subcontract and the DCHD Subcontract and such
other contracts and documents, to effectuate the purposes of this
Ordinance, without further Council action, provided such changes
and amendments are limited to "technical amendments" and do not
change the financial obligations between the parties and, further
provided, that all such amendments shall be subject to appropriate
legal review and approval by the General Counsel, or his designee,
and all other appropriate official action required by law. The term
"technical amendments" as used in this section shall include, but
not be limited to, changes in legal descriptions and surveys,
ingress and egress, easements and rights of way, schedules of
performance, design standards, vehicles access and site plan, which
have no financial impact.
Section 7.
Departmental Oversight. The Mayor is
requested to appoint the Environmental and Compliance Department to
oversee compliance with the Agreements, and all appropriate laws.
Section 8.
Effective Date. This ordinance shall become
effective upon signature by the Mayor or upon becoming effective
without the Mayor’s signature.
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Form Approved:
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/s/ Juliana Rowland
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Office of General Counsel
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Legislation prepared by: Juliana Rowland
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G:\SHARED\LEGIS.CC\2008\ord\02.12.08.BT.EQD.SJRWMD.Tributary Assessment v06.doc
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