Loading...
05-10-56 v i MINUTES OF THE ADJOURNED MEETING OF THE ATLANTIC BEACH TOWN COUNCIL HELD AT THE TOWN HALL ON THURSDAY, MAY 10th, 1956 AT 8 P.M. Present: Norman Minchew E. Gerry Adams R.L. Wardrep, Councilmen and Frank Thompson, Town Attorney J.F. Waggonerm Jr. , Town Manager Adele S. Grage, Town Clerk The meeting was called to order by the President, Mr. Minchew. T.W. Parsons Jr. was present and again asked the Council to consider giving a beer license o Wm. Anderson for operation at the Anchor Inn. He was advised that nothing could be done until the 90 day suspension period is up. He advised that he would take to Court. The Selva Marina Sewerage Project was next considered and discussed. As to inspection, it was brought out that they do not feel that the contractor, Joe Reinertson of Jacksonville, would need a full time inspector, that Mr. Parks, the Engineer, will make frequent periodic inspections and that he will be qualified to certify the job when completed. Upon motion of Mr. Adams, seconded by Mr. Waldrep the following Resolution was adopted: 4 Ordinance #186 covering Fire Limits and Building Code was presented for 3rd and final reading. Following the reading of this Ordinance Mr. Wardrep moved its adoption on third and final reading. The motion was seconded by Mr. Adams and carried. Upon motion of Mr. Adams the meeting adjourned from day to day at 9 :25 P.M. 11 Norman Minchew, President Attest : ade.ge Bele S. Grage, Town Cle 4/0 RESOLUTION NO. 56-6 BE IT RESOLVED by the Town Council of the Town of Atlantic Beach, Florida: That the Town of Atlantic Beach does hereby accept the proposal of Selva iiarina Realty Company, a Florida corporation, • to convey and transfer to the Town the sewage collection system proposed to be constructed by it , and other properties and rights, as particularly described and set forth in the instrument of conveyance attached to this resolution, upon the covenants, stipulations and conditions set forth in said instrument of conveyance; and that the President of the Town Council and the Town Clerk be and they are hereby authorized and directed, upon receipt of certificate of Walter J. Parks, Jr. ,, Consulting Engineer, of Jacksonville, Florida, that the said sewage system has been constructed according to plans and specifications 411 described in said instrument, complete for operation, to execute and deliver on behalf of the Town, the said instrument of conveyance. lb THIS INDENTURE, Made and executed this the /V day of )2'..9 . A.D. 1956, be- tween Selva Marina Realty Company, a Florida corpora on having ijprincipal place of business at 325 Atlantic Boulevard, Atlantic Beach, Duval County, Florida, herein- after called Developer, and the Town of Atlantic Beach, a municipal corporation of the State of Florida, hereinafter called Town. WITNESSETH: That Developer, for and in consideration of the sum of One Dollar and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, transfer, assign, set-over and convey unto Town the following property in the Town of Atlantic Beach, Duval County, Florida, to-wit: All gravity sewer lines, manholes, stubouts, cleanouts and house service con- nections comprising a sewerage collection system constructed by Developer in the public streets, roads, alleys and easements of Town, all in accordance with plans and specifications prepared for Developer by Walter J. Parks, Jr., Consulting Engineer, Jacksonville, Florida, identified as Engineer's Project No. 15-56, dated April 27, 1956, as amended subsequent thereto; together with all detachable or removable items such as fittings, valves, connections, air compressors, pneumatic ejectors, sump pumps, electric services, etc. required, connected and used as a part of the sewerage lift station and treatment plant serving the sewerage collection system above described. It is expressly understood that the fee simple title to all real property of Developer constituting the site of the sewerage treatment plant (Imhoff tank), sewerage lift (Pneumatic ejector) station and master manhole existing prior to April 27, 1956, now serving the sewerage collection system above described, shall remain the property of Developer and the Town's rights thereto shall exist only as a tenant in accordance with the provisions hereinafter provided. It is mutually covenanted and agreed as follows: (1) That, because of the limited size and capacity of the sand filters pro- vided by Developer at the sewerage treatment plant, the sewerage collection system shall be limited to serve only those properties now belonging to others to which house service connections have been run and placed by Developer at the property line of those properties for which Developer has heretofore made with the owners thereof an agreement to pernit a house service connection with the sewerage col- lection system above described. A list of these properties and the owners thereof is attached hereto as Attachment No. 1. (2) That Developer has, in addition to those properties described in paragraph (1) above, provided house service connections to fifty-two (52) building plots belonging to Developer on May 1, 1956, and that Developer reserves the right to make connection therewith upon notice to Town, no fee or charge being made therefore by Town against Developer. A list of these building plots of Developer is attached hereto as Attachment No. 2. (3) That Town shall not extend the sewerage collection system lines nor permit any additional house service connections to be made to the sewerage collet+ tion system constructed by Developer without the written consent of Developer first had and obtained. (4) That any reserve capacity (if provided by Developer in the design thereof and so constructed) in the sand filters at the sewerage treatment plant shall be reserved by Town for future use of Developer so as to provide sewerage service to building plots of Developer lying on the West side of Sherry Drive(North of The Plaza) or to building plots lying North of the subdivision of Selva Marina, Unit No. 2, to which Developer has or may hereafter run sewer mains and provide house service connections, no charge or fee being made therefore by Town against Developer the same as provided in paragraph (2) above. (5) That Developer reserves the right hereafter to doublt (at Developer's sole expense), the capacity of the sand filters at the sewerage treatment plant and such increased and filter capacity shall be reserved by Town for the future use of Developer in the same manner as provided in paragraph (4) above. (6) That Town shall not enlarge or increase the size or capacity of the sand filters at the sewerage treatment plant on Developer's land without the written consent of Developer first had and obtained. (page 2) (7) That Towh shall charge and collect from the owner or tenant of each connected property having and using sewer service by connection with the sewerage collection system herein described a reasonable sewerage service charge or fee not to exceed the rate of Thirty Dollars ($30.00) per annum, billed and collected month- ly, quarterly, semi-annually or annually at the same time as a part (by addition thereto) of the same billing that Town uses and in the same manner for water charges. These charges or fees so collected shall belong to Town exclusively. (8) That the Town will operate, use and maintain the sewerage collection • system and on the property of Developer to care for, operate, use and maintain the lines and mains, the master manhole, the sewerage lift station and the sewerage treatment plant, all in accordance with good sewerage operating practices. (9) That Developer shall permit Town, for the purposes stated in paragraph (8) above, to enter upon and use the property of Developer described as follows: Bound on the East by County Road No. 551(now known as Sherry Drive); Bound on the South by a line 310 feet North of the Centerline of the Westerly extension of Eleventh Street; Bound on the West by a line 300 feet West of and parallel to the West Right-of-way line of said County Road No. 551; and Bound on the North by a line 660 feet North of the centerline of said Westerly extension of Eleventh Street. (10) That the foregoing mutual covenants and agreements, set forth in para- graphs numberes from (1) through (9) above, shall terminate upon Town providing other and permanent sewerage treatment plant facilities located on a site more suit- able for such purpose designed to more fully serve the greater sewerage collection system requirements of the Town of Atlantic Beach; it being hereby intended that the present master manhole, sewerage lift station and treatment plant facilities be continued on Developer's land only as a temporary site. (11) That Town shall not charge or impose hereafter any special assessment for the cost of benefits received from the sewerage collection system herein de- scribed against any property having sewer service by connection (authorized by Developer) with the sewerage collection herein described. These properties are intended to include those described in paragraphs (1), (2), (3), (1 ) and (5) above. (12) The owners of the properties referred to in paragraph (1) above have, for the benefits received by them from the construction of the sewerage collection system herein described, paid to Developer certain sumsto defray part of the cost thereof. The amount so paid by each such owner is the sum of 4.500.00 or the pro rata cost thereof determined by audit thereafter made by Tyson & Meek, Certified Public Accountants, Jacksonville, Florida, which amount Developer shall advise Town of, in writing, as soon as determined aforesaid. After the termination in accord- ance with paragraph (10) above, Town shall charge, impose, and collect a sum in that same amount for each of those properties or building plots to which only a house service connection is required from the sewer mains of the collection system herein described and upon collection thereof pay the same to Developer, its suc- cessors and assigns. (13) That Town hereby expressly agrees that it will not hereafter exercise its power of eminent domain to acquire by condemnation proceedings the lands of Developer used hereunder by Town as the site of the master manhole, sewerage lift station or treatment plant serving the sewerage collection system herein described or any part of the lands described as bound in accordance with the description con- tained in paragraph (9) above. (14) Upon the termination in accordance with paragraph (10) above, Town will return to Developer without consideration all items such as fittings, valves, connections, air compressors, pneumatic ejectors, sump pumps, electric services, etc. required, connected and used as a part of the sewerage lift station and treatment plant serving the sewerage collection system herein described, which are not used or employed by Town in a different location as a part of its future permanent lift sta- tion and treatment plant facilities. IN WITNESS WHEREOF, etc. (executed by Developer and Town-witnessed and notarized in usual form - and reciting the resolution authorizing the proper Town officials to execute the same for the Town). The foregoing Instrument of Conveyance is attached to Resolution #56-6 of the Town of Atlantic Beach, Florida and each page thereof is identified by the initials of the undersigned. /s/ ADELE S. GRAGE, Town Clerk May 11, 1956.