Chapter 748 - STREETS AND HIGHWAYS SYSTEM

Sec. 746.110. - Restrictions on nonresidential activity upon privately-maintained roads. Chapter 750 - WATER AND SEWER CODE Chapter 748 - STREETS AND HIGHWAYS SYSTEM[1]

Footnotes: --- (1) ---

State Law reference— County road system, F.S. Ch. 336.

PART 1. - GENERAL PROVISIONS

Sec. 748.101. - Short title.

This Chapter shall be known and may be cited as the Streets and Highways Five-Year Road Program Ordinance.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.101.

Sec. 748.102. - Purpose.

The purpose of this Chapter is to provide a uniform method of receiving, applying and accounting for the surplus gas tax revenues accruing and available to the City under the State Constitution and pursuant to the provisions of the State Transportation Code, and to provide the manner in which the Council will review and the Mayor will administer the City streets and highways road program funded by these revenues.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.102.

Sec. 748.103. - Scope.

Unless otherwise provided herein, this Chapter shall govern the operations of the Streets and Highways Division with respect to construction, reconstruction and periodic maintenance of the City streets and highways system funded by the surplus gas tax revenues.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1; Ord. 2018-194-E, § 2)

Note— Former § 620.103.

Sec. 748.104. - Exercise of City and County authority.

In enacting this Chapter, the City is exercising its authority as a County, pursuant to the authority granted by Section 9, Article VIII of the Constitution of 1885, continued in effect by Section 6(e), Article VIII of the State Constitution, and expressed in Section 3.02 of the Charter. In establishing a consolidated City streets and highways system, the City is exercising its authority as the consolidated City-County government of and within Duval County with jurisdiction and control of all streets, roads, bridges, highways and other public thoroughfares within its territorial boundaries, regardless of distinction as to their status as City streets or County roads under any former governments, except the streets, roads, bridges, highways and other public thoroughfares as are within and under the jurisdiction and control of the State Department of Transportation, the Jacksonville Transportation Authority and the Second, Third, Fourth and Fifth Urban Services Districts.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.104.

Sec. 748.105. - Territorial application.

This Chapter applies territorially throughout the General Services District but shall apply within the Second, Third, Fourth and Fifth Urban Services Districts only to the extent that the City has responsibility for construction or maintenance of that portion of the City streets and highways system lying within these districts.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.105.

Sec. 748.106. - Definitions.

In this Chapter, unless the context otherwise requires:

(a)

Cash flow schedule means the document by which work is to be undertaken or completed to accomplish the projects listed on the road program and by which the work is to be paid for from the surplus gas tax funds or otherwise funded.

(b)

City street system has the same definition as in F.S. § 334.03.

(c)

Construction means the building of a new road or the complete rebuilding of an existing road such that its estimated life is lengthened or its vehicular carrying capacity by weight or volume of traffic is increased.

(d)

County road system has the same definition as in F.S. § 334.03.

(e)

Division means the Right-of-Way and Stormwater Maintenance Division.

(f)

Emergency means a reasonably unforeseen and sudden obstruction of or deterioration in the surface or supporting structures of a road requiring immediate action to restore the road to a safe traveling condition.

(g)

J.U.A.T.S. refers to the Jacksonville Urban Area Transportation Study, a transportation coordinating system of the City, managed by a Technical Coordinating Committee and the Jacksonville Urbanized Area Metropolitan Planning Organization.

(h)

Maintenance includes routine maintenance and periodic maintenance, and:

(1)

Routine maintenance means minor repairs and associated tasks necessary to maintain a safe and efficient transportation system. The term includes pavement patching; shoulder repair; cleaning and repair of drainage ditches, traffic signs and structures; mowing; bridge inspection and maintenance; pavement striping; litter cleanup and similar activities.

(2)

Periodic maintenance means an activity which is large in scope and requires a major work effort to restore deteriorated components of the transportation system to a safe and serviceable condition, including the repair of large bridge structures, major repairs to bridges and bridge systems and the mineral sealing or resurfacing of lengthy Sections of roadway.

(i)

Obligation authority means the authority contained on the road program approved by the Council to obligate the City for the payment of money concurrently with or in advance of appropriations.

(j)

Project means a planned under-taking to construct a road or related structures (including drainage) or to perform periodic maintenance on a road or related structure (including drainage), which undertaking is self-contained and will generally be constructed or performed as a unit or within a definite period of time, although this definition shall not be construed to exclude a project that is designed to be completed in distinct phases. The term project includes all engineering, design, right-of-way and easement acquisition, construction, contract administration, construction engineering and inspection related to the undertaking.

(k)

Road means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith.

(l)

Road program means the document listing the projects for construction of roads in the City streets and highways system using the surplus gas tax funds, and all amendments thereof, approved by the Council as provided in Part 2.

(m)

Surplus gas tax funds means and includes the 80 percent portion of the fifth and sixth cents of the second gas tax levied by Section 16, Article IX of the Constitution of 1885, as amended, and continued by Section 9(c), Article XII of the State Constitution, or so much thereof as is available to the City pursuant to the constitutional and statutory formulas and applicable bond covenants and pledges.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 2; Ord. 83-591-400, § 1; Ord. 2013-209-E, § 22)

Note— Former § 620.106.

Sec. 748.107. - City streets and highways system.

In order that the streets, roads, bridges, highways and other public thoroughfares for which the City has or may in the future have responsibility can be efficiently and effectively constructed, reconstructed and maintained, without duplication of equipment, materials, personnel and administrative costs, the Council hereby combines and consolidates the County road system and the City streets system provided for in F.S. Ch. 334 and establishes the City streets and highways system as the result of the combination and consolidation. The City streets and highways system shall be administered and maintained by the Division as a consolidated system; provided, that where, for the purpose of securing and using grants and other assistance from the federal or State government, it is necessary that the various streets, roads, highways and other public thoroughfares be classified as City streets or County roads or into similar classifications, the City Highway Engineer is authorized to make the classification in accordance with the standards and requirements of the federal or State government, as appropriate. The establishment of the City streets and highways system shall not affect City streets lying within the Second, Third, Fourth or Fifth Urban Services District which are under the jurisdiction and control of the municipal governments in those districts.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.107.

Sec. 748.108. - Acceptance of maintenance responsibility.

The City hereby accepts the transfer of maintenance responsibility pursuant to F.S. § 335.0415. The City Highway Engineer is designated as the City's representative to the State Department of Transportation and other State agencies during this transfer period, and he shall conduct all negotiations and make all necessary arrangements with the State for this transfer of responsibility. The Real Estate Division shall be responsible for examining deeds and right-of-way maps provided by the State pursuant to F.S. § 337.29 for accuracy and completeness. The Mayor and Corporation Secretary are authorized, without further action by the Council being necessary, to execute appropriate instruments to accomplish the transfers authorized and required by F.S. § 335.0415.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.108.

Sec. 748.109. - Division to administer Chapter.

The Division shall be responsible for the administration of this Chapter, except such portions as are the responsibility of the Engineering Division and the Finance and Administration Department. The City Highway Engineer is authorized to make, alter and repeal necessary rules to implement this Chapter and to administer the City streets and highways system, except that, where the Engineering Division or the Finance and Administration Department is required or authorized to act, the City Engineer or the Director of Finance and Administration is authorized to make, alter and amend necessary rules.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 620.109.

PART 2. - ROAD PROGRAM AND CASH FLOW SCHEDULE

Sec. 748.201. - Annual road program.

(a)

The Mayor shall annually submit a road program to the Council, which shall be an estimate of the construction requirements for the City streets and highways system for the ensuing five fiscal years, as follows:

(1)

A general description of each project and, if the project is to be accomplished in phases, a description of each phase.

(2)

The project's estimated cost, including costs already incurred and costs that will extend through and beyond the five-year period, further classified as:

(i)

Preliminary engineering and design costs.

(ii)

Right-of-way costs.

(iii)

Construction costs, including contract administration, inspection and engineering costs.

There shall be included, as a part of the road construction requirements, each project included in the current road program that will be carried forward for continued construction or completion in future fiscal years, even if no further funds need be appropriated or made available therefor in future fiscal years.

(b)

Construction requirement estimates shall be prepared in a uniform format prescribed by the City Highway Engineer. The uniform format shall allow the following information to be displayed:

(1)

The description and general location of the proposed projects.

(2)

The priorities assigned by the various reviewing agencies, as hereinafter required.

(3)

The total estimated cost of the proposed projects, further displayed as follows:

(i)

Estimated disbursements and encumbrances of funds through September 30 of the current fiscal year, including all disbursements and encumbrances from the inception of the project.

(ii)

If necessary, the estimated cost of the ensuing five fiscal years, further displayed in five one-year increments.

(iii)

If necessary, the estimated cost beyond the five-year period, displayed in one sum.

In estimating the amount of funds that will be available during the ensuing fiscal years for projects, including both new projects and projects being carried over, the Division shall obtain from the appropriate State agency an official forecast of the surplus gas tax funds that will be made available to the City during the ensuing fiscal years and shall use as the maximum amount of obligation authority that may be proposed for projects 90 percent of the surplus gas tax funds forecast to be received in each of the ensuing fiscal years without consideration of interest earned thereon and credited to the City's account in the State Treasury, plus the total estimated funds to be carried over from the current fiscal year including the interest earned and credited to the City's account in the State Treasury.

(c)

Project estimates shall be reviewed by the City Highway Engineer and the proposed road program shall be coordinated by the Division. Priorities will be assigned to the various projects as provided in Section 748.202. The City Highway Engineer shall transmit the proposed road program to the Mayor not later than July 1 for submission to the Council.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 3; Ord. 83-591-400, § 1)

Note— Former § 620.201.

Sec. 748.202. - Priority system.

(a)

Establishment. The surplus gas tax funds available for construction of roads are generally insufficient to fund all of the projects contained in the proposed road programs; consequently, the need arises for a method of determining those construction projects that are most needed and can be funded from existing or anticipated revenue sources. The use of a system of priorities is hereby established, so that proposed construction projects can be rated in the order of their importance.

(b)

Priorities. Because the factors taken into account at each stage of the review process are different, the following priority systems are adopted, to be used by the reviewing agencies as indicated:

(1)

The initial priorities to be assigned by the City Highway Engineer in coordination with the Director of Public Works before program coordination are as follows: EXPAND Priority Explanation 1A Projects under design or construction and/or funds legally committed and still recommended in fiscal year shown 1B Project urgently needed and recommended in fiscal year shown 2 Not included in the first five years of the program but identified as needed projects contingent upon further development of anticipated need and/or sufficiency of projected funds

(2)

J.U.A.T.S. will assign review priorities as follows: EXPAND Priority Explanation 1C Construction time period (current five-year program) 1D Design time period (current five-year program) 2 Design and construction time period (beyond current five-year program) NL No priority specified

(3)

The Planning Commission shall assign the following planning priorities. EXPAND Priority Explanation   1* Projects which are already under design or construction or for which funds have already been appropriated or authorized and which should be continued in the first year of the proposed plan   1 Projects which are urgently needed, which conform to overall current and projected planning and which should be undertaken in the first year of the projected plan   1A Projects less urgently needed which should be undertaken in the first year of the plan if funds become available. After all priority 1 projects have been designated, the 1A projects remaining will serve to indicate the necessity for additional funding sources   2 Projects which are needed and conform to overall current and projected planning but which cannot or should not be undertaken in the first year of the proposed plan   3 Projects which propose to meet community needs in a manner which is inconsistent with the five-year short-range development plan and with current evaluations of revenues and fiscal resources   4 Projects which do not address themselves primarily to planning consideration embodied in the five-year development plan, but which are subject to review by the Mayor, the operating department, financial officials and the Council and to possible reclassification to some other priority

(4)

Final priorities will be assigned by the Council as follows: EXPAND Priority Explanation   1A Projects under design or construction and/or funds legally committed and still authorized in fiscal year shown   1B Project urgently needed and authorized in fiscal year shown   2 Acknowledged as needed projects in the year indicated contingent upon further development of anticipated need and/or sufficiency of projected funds   3 Projects which have been authorized in a prior road program or are proposed in the current program which are abandoned by the Council and shall not be further continued

(c)

Priority review. Projects are subject to review under the priority system at least four times in the process of formulating the road program for the ensuing fiscal year. Estimates shall be reviewed and initial priorities assigned by the City Highway Engineer in coordination with the Director of Public Works. The City Highway Engineer shall transmit the proposed road program to the J.U.A.T.S. Technical Coordinating Committee for review and comparison with the master transportation plan for the City, and the Technical Coordinating Committee shall assign review priorities and return the proposed road program, together with its comments, if any, to the City Highway Engineer. The City Highway Engineer shall transmit the proposed road program to the Planning Commission, which shall assign a planning priority to each project during the process of review and coordination without adding any proposed projects, and then return the proposed road program, together with its comments, if any. The Council shall assign final priorities when the road program is adopted, which shall be determinative unless changed by the Council as an amendment to the road program.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.202.

Sec. 748.203. - Submission to Council.

After review and assignment of planning priorities, but not later than June 15, the Planning and Development Department shall return the road program to the Division, which shall prepare the appropriate documents for submission to the Mayor by July 1. In conjunction with the submission of the annual budget, the Mayor shall submit the proposed road program to the Council.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1; Ord. 2021-381-E, § 3)

Note— Former § 620.203.

Sec. 748.204. - Adoption by Council.

The Council shall review the proposed road program and make such changes thereto as it deems necessary. In reviewing the proposed road program and the several projects included therein, the committees shall use as the maximum amount of funds that may be recommended for projects, 90 percent of the surplus gas tax funds to be received in the ensuing fiscal years, computed from the latest available official forecast of the appropriate State agency, without consideration of interest to be earned thereon and credited to the City's account in the State Treasury. Adoption of the annual five-year road program need not be done in conjunction with the adoption of the City's annual budget or capital improvement program.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 4; Ord. 83-591-400, § 1; Ord. 2006-185-E, § 3)

Note— Former § 620.204.

Sec. 748.205. - Effect of adoption; amendment after adoption.

(a)

Upon adoption by the Council, the road program shall fix and determine the road construction projects that may be undertaken, continued or completed by the City using surplus gas tax funds during the fiscal year and shall also fix the obligation authority for each project listed on the road program with a final priority of "1B" or "1A" against which a contract may be awarded under Parts 3 and 4. No surplus gas tax funds may be used for a project unless the project appears on the road program with the appropriate final priority assigned by the Council. A proposed project or a project previously authorized that is not included in or carried forward by the road program shall be deemed rejected or abandoned by the Council as a project to be funded under this Chapter and the obligation authority for the project shall be deemed withdrawn. In the event that the Council has approved projects totaling more than the maximum amount of funds estimated to be available for construction, the City Highway Engineer shall either:

(1)

Abandon one or more projects; or

(2)

Carry over one or more projects to the next fiscal year without scheduling any work to be done on them during the fiscal year from which they are being carried over, and the City Highway Engineer may abandon or carry over one or more phases of a project without abandoning or carrying over the entire project.

To the extent that a project is abandoned or carried over, the obligation authority is correspondingly reduced. In determining projects to be abandoned or carried forward, the City Highway Engineer shall first abandon or carry over projects having a final priority of "1B" and then projects having a final priority of "1A", and within those priorities shall abandon or carry over projects that do not interfere with or assist other projects before projects that are intended to join with or complement other projects. Changes in the road program shall be made as the Council adopts amendments to the road program as provided in subsection (b) of this Section.

(b)

No project approved by the Council as part of the road program may be amended, suspended or abandoned and no new project may be added to the road program or otherwise undertaken by the City, except by an amendment by the Council to the road program amending, suspending, abandoning or adding the project, as appropriate. Emergency projects undertaken as provided in Section 748.207(b)(2) shall not require an amendment of the road program to authorize their undertaking, but the City Highway Engineer shall in each case of an emergency project certify that it is an emergency project and that work in connection therewith is to be done only to the extent necessary to restore the road to a safe traveling condition. The City Highway Engineer shall inform the Council as soon as practicable after each certification of an emergency project of the location and extent of the emergency and the estimated expenditures that will be necessary to restore the road to a safe traveling condition.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 5; Ord. 83-591-400, § 1)

Note— Former § 620.205.

Sec. 748.206. - Appropriation of surplus gas tax funds.

The surplus gas tax funds shall annually be appropriated by the Council for the projects approved on the road program and for emergency projects certified by the City Highway Engineer as provided in Section 748.205(b). No project, except emergency projects, shall be undertaken, continued or completed unless the funds therefor have been appropriated by the Council. Nothing in this Chapter shall be construed as a continuing or permanent appropriation of surplus gas tax funds.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.206.

Sec. 748.207. - Cash flow schedule.

(a)

Required. A cash flow schedule for each fiscal year shall be prepared and approved by the City Highway Engineer and the Director of Finance and Administration as prescribed in this Section. The cash flow schedule shall not require the approval of the Council but no road construction funded with surplus gas tax funds shall be authorized, undertaken or continued unless and until it appears on the cash flow schedule, except emergency projects. The cash flow schedule shall be prepared and approved for one fiscal year at a time but the City Highway Engineer and the Director of Finance and Administration shall give adequate consideration to the projected project requirements of the City streets and highways system for the four fiscal years after the fiscal year for which the cash flow schedule is being prepared. Amendments and adjustments of the cash flow schedule may be made during the fiscal year, in the same manner as prescribed in this Section for preparation and approval of the cash flow schedule itself.

(b)

Description.

(1)

The cash flow schedule shall indicate for each project the estimated starting times for each separate phase of the project and the estimated times and estimated amounts of disbursements for contract payments and other costs and expenses related to the project, including indirect overhead costs calculated as a percentage of the direct costs and expenses, the percentage to be revised and determined at the beginning of the fiscal year by the City Highway Engineer. The total disbursements during the fiscal year for each project shall not exceed the obligation authority for that project for the fiscal year contained in the road program but amendments of the road program and the cash flow schedule during the fiscal year may change the times for disbursements and the amounts of the disbursements to reflect actual and projected progress on the projects during the fiscal year; provided, that, if the total cost of a project is increased or decreased as provided in Part 4, the cash flow schedule shall be changed to accommodate the increase or decrease, as appropriate. At no time shall the scheduled disbursements be in excess of the amounts estimated by the Director of Finance and Administration to be available at that time in the City's account in the State Treasury. In case any project scheduled on the program cannot be undertaken or completed during the fiscal year for a justifiable reason, then another project listed in order of priority on the road program may be added to the cash flow schedule and work thereon authorized; provided, that no project having a final priority of "2" or "3" on the road program shall be added to the cash flow schedule unless and until the Council approves a change in the final priority to "1B" or "1A."

(2)

Emergency projects are not required to be scheduled on the road program for authorization to undertake work on them but they shall be scheduled on the cash flow schedule for the purpose of authorizing payment or reimbursement for the emergency work actually performed. The cash flow schedule shall indicate for each emergency project listed separately the estimated starting times for and estimated amounts of disbursements for contract payments and other costs and expenses related to the project, including indirect overhead calculated as provided in paragraph (1) for nonemergency projects.

(3)

The total estimated disbursements during the fiscal year for all of the projects, including emergency projects, shall not exceed 100 percent of the surplus gas tax funds, computed from the latest available official forecast of the appropriate State agency, without consideration of interest earned thereon in the current fiscal year and credited to the City's account in the State Treasury, that will be made available to the City during the fiscal year for which the cash flow schedule is prepared. At no time shall the cash flow schedule disbursements in excess of the amounts estimated by the Director of Finance and Administration to be available at that time in the City's account in the State Treasury.

(c)

Preparation and approval. The Division shall prepare the cash flow schedule for the ensuing fiscal year at the time and in the manner as the City Highway Engineer prescribes. When the cash flow schedule is prepared, the City Highway Engineer shall review it, make such corrections and changes as he considers necessary and approve it in writing. When approved by the City Highway Engineer, the cash flow schedule shall be transmitted to the Director of Finance and Administration for review and approval. The Director of Finance and Administration shall review the cash flow schedule for conformity with the estimated cash flow in the City's account in the State Treasury during the ensuing fiscal year, and he shall make such corrections and changes as he considers necessary. When the City Highway Engineer and the Director of Finance and Administration have agreed upon the cash flow schedule for the ensuing fiscal year, they shall approve it in writing and it shall become effective for that fiscal year.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 6; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Note— Former § 620.207.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 748.208. - Effective date of approved cash flow schedule; continuation when no road program approved.

A cash flow schedule approved by the City Highway Engineer and the Director of Finance and Administration shall become effective on October 1 of the ensuing fiscal year and work authorizations, contracts and requests for payments, reimbursements and transfers of funds may be originated and processed in accordance therewith; provided, that, if the cash flow schedule is approved after October 1 of the ensuing fiscal year, the authorizations therein contained shall become effective on the date of approval of the cash flow schedule. Amendments to the cash flow schedule shall become effective on the date of final approval by the City Highway Engineer and the Director of Finance and Administration, or on a later date contained in the amendment. A cash flow schedule shall be effective until September 30 of the fiscal year for which it was approved, but not thereafter. If, by the first day of the fiscal year, the road program has not become effective, then only such work may be displayed on the cash flow schedule and may be continued and completed as was authorized or in progress on the last day of the previous fiscal year and no new work may be displayed, authorized or undertaken until the road program has become effective, and for this purpose the obligation authority that was in effect during the previous fiscal year shall continue as to the authorized or in-progress work until the road program for the current fiscal year has become effective.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 7; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 620.208.

PART 3. - PERIODIC MAINTENANCE PROJECTS

Sec. 748.301. - Projects performed by contract or by City forces.

Periodic maintenance of the City streets and highway system shall be performed by contractors or by City forces, as the City Highway Engineer considers appropriate in light of the size and complexity of the project and the personnel, material and equipment available to the Division, and provision may be made for a project to be accomplished partly by a contractor and partly by City forces. In each case, the City Highway Engineer shall be responsible for making the certificate required by F.S. § 335.045(4).

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.301.

Sec. 748.302. - Scheduling of periodic maintenance projects.

Periodic maintenance projects to be funded from the surplus gas tax funds shall be scheduled on the cash flow schedule, except for emergency maintenance and for periodic maintenance projects which cannot be conveniently scheduled. In the latter case, the cash flow schedule may schedule periodic disbursements to pay for such maintenance projects as may have been accomplished and not previously paid for or reimbursed; the periodic disbursement shall be considered an estimate only and disbursements for work actually done made in accordance with the schedule may exceed the estimated disbursements. Amendments of the cash flow schedule shall be made from time to time to reflect emergency maintenance, periodic maintenance projects and actual disbursements, so that the cash flow schedule is as much as possible an accurate historical record of project work and periodic maintenance expenditures and so that the remaining scheduled projects and disbursements can be adjusted in light of past performance and progress.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.302.

Sec. 748.303. - Real Estate Division to acquire interests in land.

(a)

The Real Estate Division is authorized to negotiate for rights-of-way easements and other interests in real property necessary to undertake and complete periodic maintenance projects and to acquire options therefor, which the Office of General Counsel is authorized to close on behalf of the City. The interests in real property shall be obtained in the most economical and feasible manner, including purchase, gift, donation or condemnation, and the surplus gas tax funds shall be available to pay the costs and expenses of obtaining the interests. In all cases, the acquisition of the interests shall be displayed on the cash flow schedule and there shall be available for payment of costs and expenses of each acquisition only those funds actually scheduled therefor.

(b)

The Real Estate Division may process and close all real estate transactions to acquire real property with an appraised value of less than $100,000 without the prior review and approval of City Council. All other real estate transactions to acquire real property with an appraised value of $100,000 or more shall be subject to the prior review and approval of City Council. The Real Estate Division shall provide written notice to all City Council Members before closing any real estate transaction with a value of more than $25,000 and less than $100,000. The notice shall contain a legal description or real estate number of the real property, the City Council district in which the property is located, the appraised value of the property, the purchase price of the real property and any other appropriate information.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1; Ord. 2003-672-E, § 2)

Note— Former § 620.303.

Sec. 748.304. - Contract payments; expense credit reimbursements.

Payments to contractors performing periodic maintenance work shall be made according to a voucher system established in the same manner as the contract voucher system prescribed in Part 4 for construction contractors. The language required by Section 748.404(c) shall be inserted in the contract when a voucher system is used. If the City Highway Engineer finds it administratively economical, the voucher system for payments under this Part shall be combined with the voucher system for payments under Part 4. Periodic maintenance work done by City forces shall be accounted for by means of expense credits reimbursing the operating budget of the Division. No funds shall be disbursed, either directly or by expense credit or other transfer for any work, if an appropriation for a road program project is involved, without the prior approval of the Council.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.304.

Sec. 748.305. - Project notice to abutting property owners required; applicability.

(a)

Periodic maintenance projects. Except in the case of an emergency, the City shall provide, or require its contractor to provide, notice regarding periodic maintenance projects to property owners abutting Roads undergoing periodic maintenance. Such notice shall be provided in advance via door hanger at least two days prior to the estimated project start date and by posting a conspicuous project sign in the vicinity of the project area at least five days prior to the estimated project start date. Such project sign and door hanger shall at a minimum include the following information: (i) project name; (ii) estimated expected completion date by season (e.g., fall/winter) and year; and (iii) City phone number to obtain further information regarding the project.

(b)

City environmental remediation projects. Except in the case of an emergency, the City shall provide, or require its contractor to provide, notice regarding City environmental remediation to property owners abutting Roads affected by City environmental remediation projects through pedestrian sidewalk or Road closures. Such notice shall be provided in advance via a door hanger at least two days prior to the estimated project start date and by posting a conspicuous project sign in the vicinity of the project area at least five days prior to the estimated project start date. Such project sign and door hanger shall at a minimum include the following information: (i) project name; (ii) estimated expected completion date by season (e.g., fall/winter) and year; and (iii) City phone number to obtain further information regarding the project.

(c)

Applicability. This Section shall only apply to (i) a periodic maintenance project that has duration of more than seven days and is performed by a contractor under a City contract procured through Chapter 126, Ordinance Code, regardless of the project funding source; and (ii) a City environmental remediation project that has duration of more than seven days and affects an adjacent Road or any portion of such Road.

(Ord. 2018-194-E, § 3)

PART 4. - CONSTRUCTION PROJECTS

Sec. 748.401. - Construction accomplished by contract or by City forces; limitation.

Construction on or of and consultant services for the City streets and highways system or a portion thereof shall be accomplished by contractors or by City forces, as the City Highway Engineer considers appropriate in light of the size and complexity of the project and the personnel, materials and equipment available to the Division, and provision may be made for a project to be accomplished partly by a contractor and partly by City forces; provided that, with respect to construction projects involving the surplus gas tax funds, the Division may utilize City forces having a cumulative annual value not to exceed five percent of the surplus gas tax funds. In all cases, the City Highway Engineer shall be responsible for making the certificate required by F.S. § 335.075(4).

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.401.

Sec. 748.402. - Real Estate Division to acquire interests in land.

(a)

The Real Estate Division is authorized to negotiate for rights-of-way, easements and other interests in real property necessary to undertake and complete construction projects and to acquire options therefor, which the Office of General Counsel is authorized to close on behalf of the City. The interests in real property shall be obtained in the most economical and feasible manner, including purchase, gift, donation or condemnation, and the surplus gas tax funds shall be available to pay the costs and expenses of obtaining the interests. In all cases, the acquisition of the interests shall be approved on the road program and shall be displayed on the cash flow schedule and there shall be available for payment of costs and expenses of each acquisition only those funds actually scheduled therefor. The obligation authority contained on the road program for a project shall include necessary obligation authority for the interests in real property necessary to undertake and complete the project.

(b)

The Real Estate Division may process and close all real estate transactions to acquire real property with an appraised value of less than $25,000 without the prior review and approval City Council. All other real estate transactions to acquire real property with an appraised value of $100,000 or more shall be subject to the prior review and approval of City Council. The Real Estate Division shall provide written notice to all City Council members before closing any real estate transaction with a value of more than $25,000 and less than $100,000. The notice shall contain a legal description or real estate number of the real property, the City Council district in which the property is located, the appraised value of the property, the purchase price of the real property and any other appropriate information.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 8; Ord. 83-591-400, § 1; Ord. 2003-672-E, § 2)

Note— Former § 620.402.

Sec. 748.403. - Contracts authorized without funds in Treasury; limitation.

Notwithstanding the provisions of Subpart C, Part 3, Chapter 106, authority is granted for the City to enter into multiyear contracts for real property interests for, construction of and consultant services for projects listed on the road program with a final priority of "1A" or "1B", as appropriate, without there being at the time funds in the Treasury available to cover the total contract payment to be made by the City. A contract to be entered into under this Part shall be awarded pursuant to the then effective road program and cash flow schedule at the time scheduled thereon; if it is awarded at any other time, the provisions of Subpart C, Part 3, Chapter 106, shall apply and the authority granted in the first sentence of this Section shall not be available. A contract shall be awarded only in conformity with the obligation authority for the project contained on the then effective road program and shall not provide for a larger obligation of funds during any one fiscal year than is established by the obligation authority for that project for that fiscal year. On all contracts awarded under this Part and pursuant to the authority granted by this Section, the City Highway Engineer shall certify that the contract has been awarded in accordance with the current road program and obligation authority and the Director of Finance and Administration shall certify that the schedule for funds transfers to the City from the State Treasury contained in the cash flow schedule adequately provides for payments to be made under the contract during the current fiscal year at the times specified in the contract; and no payments to the contractor or to any other person on account of a contract awarded under this Part shall be made until and unless these certifications are made by the City Highway Engineer and the Director of Finance and Administration.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 9; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 620.403.

Sec. 748.404. - Required contract terms.

In addition to other terms and conditions that are a part of a contract awarded under this Part, the following items shall be a part of each contract:

(a)

The contract shall provide for a schedule of payments to the contractor for the work to be accomplished. If this schedule is not included in the contract, the contractor shall forecast his funds requirements and the City Engineer, with the advice of the City Highway Engineer and Director of Finance and Administration, and the contractor shall agree on a schedule of payments, which shall be appended to the contract, before a notice to proceed is issued or work is commenced under the contract. If the City Engineer and the contractor cannot agree on a schedule of payments, the City Engineer, with the advice of the City Highway Engineer and Director of Finance and Administration, is authorized to establish a schedule of payments unilaterally, which shall be appended to the contract, or, in the alternative, to terminate the contract.

(b)

The contract shall provide that the City will reserve not less than ten percent of the total contract price for adjustments, which amount will be paid to the contractor after acceptance of the project by the City, less any sums deducted because of contract work not performed at all or not performed to the satisfaction of the City Engineer, because of work required to be done by the City or others on behalf of the City which was not contemplated by the contract and was necessitated by the neglect, negligence or refusal to perform of the contractor or because of any other reason stated in the contract for which the City may deduct from the amount owed to the contractor, except liquidated damages and penalties, if any. This term shall not be inserted in a contract for consultant services in connection with a project.

(c)

The contract shall provide for a voucher system of making payments to the contractor, as provided in Section 748.405. The contract shall state that payments of vouchers submitted by the contractor and approved for payment by the City are subject to the availability of funds in the City's account in the State Treasury to pay them, that vouchers do not constitute a claim against any other funds in the City Treasury and that, if sufficient funds are not available in the City's account in the State Treasury to pay a voucher when it is approved for payment, the voucher shall be and constitute a prior claim against the first funds coming available in the City's account in the State Treasury.

(d)

The contract shall provide that changes in the contract price, the scope or quantum of work to be done, the time for completion of the work and other material terms and conditions shall be made only by means of a change order executed by the contractor and by the City in the same manner as the original contract. The City Engineer may, by rule, establish a general procedure for change orders, and the contract need only refer to the general procedure except in cases where a different procedure is agreed upon.

(e)

The contract shall provide that the Mayor, upon the advice and recommendation of the Director of Public Works, may terminate the contract for the convenience of the City in the following instances:

(1)

When the City and the contractor cannot agree on a schedule of payments and the City Engineer elects to recommend termination rather than approve a unilateral schedule of payments.

(2)

When the Council does not approve the continuation or completion of the project by the assignment of a final priority other than "1A" or "1B", in an ensuing fiscal year.

(3)

When the obligation authority for the project is withdrawn after the project has been deemed rejected or abandoned by the Council pursuant to the provisions of Section 748.205(a).

(4)

When the obligation authority is reduced by the abandonment or carrying over a part or all of the project by the City Highway Engineer pursuant to the provisions of Section 748.205(a) and the reduced obligation authority will not permit the further continuation of the contract.

(5)

When the obligation authority for the project is for any other reason withdrawn or reduced and, if reduced, the resulting obligation authority will not permit the further continuation of the contract.

(6)

When the Council does not appropriate sufficient surplus gas tax funds to fund the obligation authority contained on the road program.

(7)

When the review required by Section 748.407 indicates that the total surplus gas tax funds estimated to be available in the current fiscal year will be insufficient to fund the obligation authority. The determination of insufficiency with respect to a particular obligation authority is within the sole discretion of the City.

In each of the foregoing instances, the notice of termination may be given upon 24 hours' notice or upon the longer period of time as the Mayor in his discretion may determine to be in the best interests of the City.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 10; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 620.404.

Sec. 748.405. - Vouchers for contract payments.

Payments to contractors under contracts awarded under this Part shall be made by means of a voucher system, whereby the contractor requests in writing payment of the amounts due him at the times established on the schedule of payments in or appended to the contract and certifies that the quantum of work required by the contract which entitles him to each payment has been satisfactorily performed. The voucher system shall provide for the necessary approvals and inspections to be endorsed on the voucher to support the contractor's request and certification. Each voucher shall contain a statement that it is made subject to the provisions and penalty of F.S. § 837.06. The City Engineer may, by rule, establish a general voucher system for all contractors and each contract need only refer to the general procedure except in cases where a different procedure is agreed upon.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.405.

Sec. 748.406. - Increases and decreases in project costs; limitation.

Increases and decreases in the estimated cost of a project shall be treated as follows:

(a)

An increase in the actual or estimated cost of a project which is:

(1)

Under the obligation authority for the project contained in the road program and more than the disbursements displayed on the cash flow schedule shall be approved by the City Highway Engineer, the City Engineer and the Director of Finance and Administration in addition to other approvals required elsewhere in the Ordinance Code or in the rules of the Procurement Division. When so approved, the increased project cost shall be reflected in the cash flow schedule by means of an amendment thereof. If, at any time during the fiscal year, increases in project costs increase the total actual and estimated expenditures for the fiscal year for all construction projects on the road program above the total obligation authority for all of the projects of the current fiscal year, the City Highway Engineer shall remove projects from the cash flow schedule and delay or carry them over to a later time in the current fiscal year or to the next fiscal year until the total actual and estimated expenditures for the current fiscal year for the remaining construction projects are reduced to or below the total obligation authority for the current fiscal year. Removals pursuant to the preceding sentence shall be reflected in the next proposed road program.

(2)

Over the obligation authority for the project contained in the road program shall require the approval of the Council by means of an increase in the obligation authority for the project. If an increase is approved for the current fiscal year, the cash flow schedule shall be changed as provided in Section 748.207.

(b)

A decrease in the actual or estimated cost of a project below the obligation authority for the project contained in the road program:

(1)

If the project is planned to progress in phases and the decrease is in one phase, shall not affect the obligation authority and the remaining balance thereof shall be available to other phases not yet completed or begun to offset increases that may occur in those phases. If the decrease occurs in the final phase and the preceding phases are all completed, the obligation authority for that project shall be considered to be terminated and withdrawn for further use in connection with that project. Adjustments of estimated costs for the phases of a project shall be made by amendments of the cash flow schedule.

(2)

If the project is to be completed without phases, shall be treated as if the project cannot be undertaken to the extent of the decrease and the obligation authority for the project shall be considered to be terminated and withdrawn for further use in connection with that project. Another project or projects may be added to the cash flow schedule as provided in Section 748.207(b)(1) or the obligation authority may be transferred to another project to offset an increase as described in subsection (a) of this Section.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 11; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 620.406.

Sec. 748.407. - Increases and decreases in anticipated revenues.

At least twice in each fiscal year, the Division shall obtain from the appropriate State agency an official forecast of the surplus gas tax funds that will be or have been made available to the City during the fiscal year. The Division shall then calculate the total funds that will be available for construction by adding to the surplus gas tax funds that have already been received during the fiscal year for construction an amount equal to 90 percent of the 80 percent surplus of the second gas tax estimated to accrue to the City during the remainder of the fiscal year. If this total:

(a)

Equals or does not exceed by more than ten percent the total actual and estimated expenditures for the fiscal year for all construction projects on the cash flow schedule, no adjustment of the cash flow schedule shall be made.

(b)

Exceeds by more than ten percent the total actual and estimated expenditures for the fiscal year for all construction projects on the cash flow schedule, additional projects may be added to the cash flow schedule as provided in Section 748.207(b)(1), until the total actual and estimated expenditures for the fiscal year for all construction projects, including the additional projects, on the cash flow schedule equals the total funds that will be available for construction calculated by the Division.

(c)

Is less than the total actual and estimated expenditures for the fiscal year for all projects currently displayed on the cash flow schedule, the Division shall remove or delay projects on the cash flow schedule and carry then over to a later time in the current fiscal year or to the next fiscal year until the total actual and estimated expenditures for the fiscal year for the remaining projects are reduced to or below this total.

Additions to and removals from the cash flow schedule shall be made by means of amendments thereof.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.407.

Sec. 748.408. - Vouchers for transfers of funds from State Treasury; limitation.

The Finance and Administration Department shall submit vouchers to the State Department of Transportation for a transfer of funds as provided in F.S. § 339.08(4) and rules of the State Department of Transportation promulgated pursuant thereto. The schedule according to which these vouchers will be submitted shall be established on the cash flow schedule, and it shall fix the times for and amounts of the vouchers; this schedule may be amended from time to time as necessary. To the greatest extent possible, vouchers shall be submitted in advance of anticipated expenditures for the next 60 days. At no time shall a voucher or vouchers be submitted to the State Department of Transportation that would, if processed by the State, reduce the funds on deposit with the State Department of Administration in the City's account below five percent of the current estimate of surplus gas tax funds without consideration of any interest earned thereon for the current fiscal year, and the schedule of funds transfers in the cash flow schedule shall observe this limitation. Funds transferred by the State pursuant to a voucher submitted as required by this Section shall be credited to the Streets and Highways Five-Year Road Program Fund as soon as they are transferred by the State Department of Administration. The Finance and Administration Department shall notify the Division of each receipt of funds, delays in transfers of funds from the State, a change in the amount of funds actually received and the necessity for amendments of the schedule of funds transfer in the cash flow schedule.

(Ord. 78-329-131, § 1; Ord. 78-744-361, § 12; Ord. 83-591-400, § 1; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 620.408.

Sec. 748.409. - Payments.

Payments to contractors shall be made according to the voucher system required by Section 748.405 and the amounts thereof shall be debited by expense credits to the appropriate project accounts. Work done by City forces shall be accounted for by means of expense credit debiting the project accounts involved. In no case whatsoever shall funds be paid for work without the prior approval of the project by the Council, except emergency work.

(Ord. 78-329-131, § 1; Ord. 83-591-400, § 1)

Note— Former § 620.409.

Sec. 748.410. - Project notice to abutting property owners required; applicability.

Except in the case of emergencies, the City shall provide, or require its contractor to provide, notice regarding construction projects to property owners abutting such projects. Such notice shall be provided in advance via a door hanger at least two days prior to the estimated project start date and by posting a conspicuous project sign in the vicinity of the project area at least five days prior to the estimated project start date. Such project sign and door hanger shall at a minimum include the following information: (i) project name; (ii) estimated expected completion date by season (e.g., fall/winter) and year; and (iii) City phone number to obtain further information regarding the project. This Section shall only apply to construction projects that are included in the City's capital improvement program and have duration of more than seven days.

(Ord. 2018-194-E, § 4)

Sec. 746.110. - Restrictions on nonresidential activity upon privately-maintained roads. Chapter 750 - WATER AND SEWER CODE