Amended & Enacted 8/11/2009 1 Introduced by the Council President at the request of the Mayor and 2 amended 3 Committee: by the Recreation and Community Services Development 4 5 6 ORDINANCE 2009-502-E 7 AN ORDINANCE 8 LANDSCAPING 9 TREE PROTECTION AND RELATED EXPENDITURES TRUST – $217,353 TRANSFERRING ASIAN EXHIBIT ACCOUNT $2,041,761 TO ZOO THE FUND 11 APPROPRIATED BY ORDINANCE 2006-130-E FROM THE 12 TREE PROTECTION AND RELATED EXPENDITURES TRUST 13 FUND 14 JACKSONVILLE 15 APPROPRIATING 16 PROTECTION AND RELATED EXPENDITURES TRUST FUND 17 TO THE ZOO LANDSCAPING – PARKING LOT ACCOUNT, 18 IN ORDER TO PROVIDE 19 BOTH THE EXISTING PARKING LOT AND THE NEWLY 20 COMPLETED OVERFLOW PARKING LOT AT THE ZOO, AS 21 INITIATED BY AMENDED B.T. 09-143; PROVIDING A 22 CARRYOVER OF FUNDS TO FISCAL YEAR 2009-2010; 23 INVOKING 24 ORDINANCE CODE, TO AWARD THE CONTRACT TO THE 25 ZOO; AMENDING THE 2008-2013 FIVE-YEAR CAPITAL 26 IMPROVEMENT 27 2008-555-E 28 PROJECT 29 LOT” AND TO REDUCE THE BUDGET FOR THE PROJECT 30 ENTITLED “ZOO LANDSCAPING – ASIAN EXHIBITS”; THE THE THE 10 FOR OF FROM ASIAN GARDENS ZOO AND FROM EXCEPTION THE (“ZOO”); THE OF APPROVED INCREASE ENTITLED AT TREE FUNDING FOR LANDSCAPING PROGRAM TO EXHIBIT GARDENS $217,353 THE ORIGINALLY “ZOO THE 126.107(G), BY BUDGET LANDSCAPING - 1 - ORDINANCE FOR – THE PARKING Amended & Enacted 8/11/2009 1 AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND 2 CORPORATION SECRETARY TO EXECUTE AND DELIVER 3 DOCUMENTS AND 4 EFFECTUATE THE 5 PROVIDING FOR CITY OVERSIGHT BY THE RIGHT-OF- 6 WAY 7 DEPARTMENT 8 EFFECTIVE DATE. & GROUNDS TAKE FURTHER PURPOSE OF THIS MAINTENANCE OF PUBLIC ACTION ORDINANCE; DIVISION WORKS; TO OF PROVIDING THE AN 9 WHEREAS, Ordinance 2006-130-E authorized and appropriated from 10 tree protection and related expenditures trust fund $2,041,761 for 11 a project entitled “Zoo Landscaping - Asian Exhibits”; and 12 WHEREAS, the Jacksonville Zoo and Gardens (“Zoo”) does not 13 foresee using the full amount of the funds appropriated to it in 14 Ordinance 2006-130-E and plans to use those unused funds to plant 15 trees and associated landscaping in the existing parking lot and 16 the 17 Visitor Parking Lot”); and 18 19 20 newly completed overflow parking lot (“Zoo Landscaping – WHEREAS, the cost of the Zoo Landscaping – Visitor Parking Lot project is $217,353; and WHEREAS, through this Ordinance, the Zoo requests to return 21 $217,353 of the $2,041,761 22 2006-130-E from the tree protection and related expenditures trust 23 fund for the Zoo Landscaping - Asian Exhibits back to the tree 24 protection and related expenditures trust fund; and WHEREAS, 26 appropriation 27 protection 28 Landscaping – Visitor Parking Lot project; and 29 30 and this appropriated 25 and through originally Ordinance, authorization related of expenditures the Zoo $217,353 trust by requests from fund Ordinance for the the the tree Zoo WHEREAS, the Zoo is not requesting the use of additional tree protection and related expenditures - 2 - trust fund apart from the Amended & Enacted 8/11/2009 1 $2,041,761 that was originally appropriated in Ordinance 2006-130- 2 E; now therefore 3 BE IT ORDAINED by the Council of the City of Jacksonville: 4 Section 1. 5 within 6 indicated sum(s) from the account(s) listed in subsection (a) to 7 the account(s) listed in subsection (b): 8 (Amended B.T. 09-143 attached hereto as Revised Exhibit 1, labeled 9 as “Revised Exhibit 1, Amended B.T. 09-143, RCD – August 3, 2009” 10 11 the 14 15 16 17 18 budget, there are hereby appropriated the and incorporated herein by this reference) (a) 12 13 City’s Appropriation. For the 2008-2009 fiscal year, Appropriated from: See Amended B.T. 09-143 (b) $217,353 Appropriated to: See Amended B.T. 09-143 $217,353 Section 2. Carryover. The funds appropriated in this ordinance shall not lapse but shall carryover to fiscal year 20092010. Section 3. Purpose. The purpose of the appropriation in 19 Section 1 is to provide funding for landscaping both the existing 20 parking lot and the newly completed overflow parking lot at the 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Jacksonville Zoo and Gardens (“Zoo”) as described in Exhibit 2. Section 4. Invoking the exception to Sec. 126.107(g), Ordinance Code. The City is hereby authorized to procure the services of Jacksonville Zoo and Gardens to provide the installation labor for the tree planting specified in Exhibit 2. Pursuant to Section 126.107(g), Ordinance Code, such procurement is exempted from competitive solicitation. With the exception of the foregoing, all other provisions of Chapter 126, Ordinance Code, shall remain in full force and effect. Section 5. CIP Amendment. Ordinance 2008-555-E, being the 2008-2013 Five-Year Capital Improvement Program for the City and certain of its independent agencies, is hereby amended to increase the budget for the project entitled “Zoo Landscaping – Visitor Parking Lot” and to reduce the budget for the project entitled “Zoo Landscaping – Asian Exhibits.” These projects are more fully described in the Project Information Sheets, attached hereto as Exhibit 3 and incorporated herein by this reference. This ordinance shall constitute an amendment to Ordinance 2008-555E. In all other respects, the Five-Year Capital Improvement Program approved by Ordinance 2008-555-E shall continue in full force and effect. - 3 - 1 2 3 4 5 6 7 Amended & Enacted 8/11/2009 Section 6. Authorization. The Mayor, or his designee, and Corporation Secretary are hereby authorized to (1) execute and deliver, for and on behalf of the City, all documents necessary or appropriate to effectuate the purpose of this ordinance and (2) take, or cause to be taken, for and on behalf of the City, such further action to effectuate the purpose of this ordinance. Section 7. Right-of-Way Maintenance is requested Department of Public Works to oversee the project described herein. Effective Date. upon signature by This 11 become the 12 effective without the Mayor’s signature. Mayor Division ordinance or 13 14 Form Approved: 15 16 /s/ Steven E. Rohan 17 Office of General Counsel 18 Legislation Prepared By: 19 G:\SHARED\LEGIS.CC\2009\ord\06.23.09.BT.09.___.PW.CO.CIP.Oversight.Zoo.doc Kristina G. Nelson - 4 - upon of to 9 effective Grounds Mayor appoint Section 8. & The 8 10 the Oversight. the shall becoming