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11-01-90F: r -..z, .. __ ._ Robert N. Miller Jacksonville Electric Authority November 26, 1990 Page Three that JEA is solely responsible for any payment due the Navy. I also enclose a copy Ordinance Number 40-86-14, which emended Ordinance Number 40-25-7. Nhile the amendment dcea not relate to Section 3 of the original ordinance, you will note that on each ordinance, an approval from the Office of General Counsel of the City of Jacksonville is indicated. I look forward to hearing from you in the Weer future. Thank you very much. Very truly yo a, rcc AhAN C NSEN ACJ:cph cc: lSayor and City Commissioners Rim Leinbnch, City Manger Harry Royal, Pinance Director City of Atlantic Beach Robert W. Niller Jacksonville Rlectric Authority November 26, 1990 Page Two Pursuant to this section, JEA hea agreed to indemnify and hold the City harmless from any coats, damage or expense resulting from the 'neglect, default, or misconduct of Grantee in the conatzuetion, operation, or maintenance of its fee ilities hereunder.' The overcharge to the Navy resulting in the remittance of the franchise fees to Atlantic Seach moss clearly the neglect and mistake of JBA only. JEA never provided monthly reports to the City of Atlantic Beach regarding from whom these franchise fees were being collected, and obviously for an account the size of Navy off base housing, had we known this was being collected back in October 1983 and then remitted to us, we would have caught the mistake at that time. Certainly the City of Atlantic Heach mould not have allowed that mistake to continue for nearly seven (7) years. Furthermore, the Billing Analysis Beaearch Forma which you have provided to me in no way contain sufficient information to analyse the accuracy of the figures contained therein. A complete accounting of all franchise fees collected by SEA and remitted to the City of Atlantic Beach during this period of time would be necessary. I feel certain there would probably be revealed customers of SEA for which the franchise fee was not collected when it should have been, and very probably there could be other customers like the off base Naval housing from which fees were collected and remitted to the City, which should not have been. The City of Atlantic Beach has no way to know this. The City of Atlantic Beach carmot afford to pay $235,509.11 back to JEA. Furthermore, the City dcea not agree with any proposed reduction from the true up payment due the City for the fiscal year 1990. We expect to receive the full true up payment for November in the amount of 578,874.46. Please review the above and call me if you have any questions at all. It appears clear to me under the ordinances JENSEN SC HOULD Ano,am wr Law ]OB NORM THIRD 931tEET FC16T OFF7CE BOX •M57 JMKSONNLLE BEMN. FLORIDA 71200005'! AYo C. Jrnsn Tckp6orc l~l TAG2500 swp~Axowa November 26, 1990 Fu(9oalxaswao Robert W. Miller Jacksonville Electric Authority 21 West Church Street Jacksonville, Plorida 32202-3139 Rex Atlantic Beach Franchise Pees Dear Hob: I received your note of November 16, 1990, together with copies of the Billing Analysis Research Form for electric service provided to 2446 Montreal Street for off base Navy housing. I understand that JEA is claiming it has remitted to the City of Atlantic Beach since October 1983 thru July 1990 the amount of 5235,509.11 for franchise fees on the off base Navy housing. I further understand that the Navy now wants reimbursement £or the franchise fees collected by JEA which should not have been collected. BP direction of the Atlantic Beach City Commission at its meeting on November 19, 1990, I am enclosing herewith a copy '. of Ordinance Number 40-74-7, which granted to JEA the £ranchise in Atlantic Beach, please direct your attention to Section 3 thereof, which reads as follows: 'That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, I, operation or maintenance by Grantee of its fac ilitiea hereunder, and the acceptance of this ordinance shall be deemed as agreement on the part of Grantee, to indemnify Grantor and hold it harmless against any and all liability, loss, cost, damage or expense, which may accrue to Grantor by reason of neglect, default, or misconduct of Grantee in the construction, operation, or maintenance of its fac ilitiea hereunder.' I. NIGHTCLUB: a place of entertainment open at night usually serving food and liquor, having a floor show, and providing music and space °_or dancing. NIGHT CLOB shall mean a place of entertainment open a[ night serving food and alcoholic beverages, having a Flaor show or ocher li__e entertainment. with oz without a space for dancing. BAR/LOUNGE/TAVERN shall mean a place of business whose primary fuac iloa Ia [he sale of alcoholic beverages for an-premise consumption. Such eatabllshment may have a space for dancing. Music for dancing or atmosphere, whether live or electronic, shall not be considered live entertai®eat. DANCE HALL/DISCO shall mean as establlahment in which BOS of the total floor area is used fur dancing. Music for dancing may be provided by live or electronic means. J ,,.-. ,f .00 / 18.50 }3-99 j 098 COSMETICS, reca it ,, L00 COUNSELING, Practitioner or Thera ist 37.50 3999 i I 102 CURIOS, NOVELTIES, GIFT SHOP 18.50 }3x69 II }}9-9e i }3.ee 114 DELIVERY OR MESSENGER SERVICE 18.50 DENTIST: See physician 116 DEPARTMENT OR VARIETY STORE 18.50 }3.99 3339 }3-90 k3:99 k3-09 ~^_G Dritiv$TORE ~'H Pli A'2.!1Af,`. ~.:ei, or '~i c::nut - mdr es DANCING SCHOOLS: See schools - ' 106 DATA PROCESSING SERVICE including storage and 18.50 and recrieval servue DEVELOPMENT COHPM'Y: Sae Land Deve ioomen[ Comoanv 12?A DIET CENTER OR 'dEIGHT-REDUCTION COUNSELING ~0.~0 128 ~Iu> exercise zquloment or fa<i L•r zs DRESSY+KER: Sce Ta.iUr OR 3J-30 ~/ BROKERS: 062A MOLCR R /Honevlenders _ 300.00 380.90 062B Stocks and bonds 45.00 37.39 064 BUILDING AND LOAN ASSOCIATION 45.00 }3-.39 066 BUILDING SUPPLIES 18.50 15.98 068 BUTCHER OR tgAi DEALER selling fresh meats at ecail and p y' R o ocher License _ 45.00 070 CABINET OR CARPENTER SHOPS. sales and installations 18.50 1399 072 CANDY OR POP CORN SHOPS 45.00 33.30 ' CARPET CLEANERS Se 1 ning or ianicmrial service OJ4 CATERING 45.00 076 CEMENT OR ARTIFICIAL STONE, manufacture or installation 45.00 37-38 187.50 X38-88 078 CEME'LERY O80 CERAMICS. SCHOOLS OR SALES 45.00 37-38 CHILD CARE: See Day Nursery 084 CLOTHING STORE, Hen, women or children 45.00 3J-39 090 COMPOTER HARD1+':.RE OR SOFTtiARE. Sales and sere lce 45.00 091 C09PL'T F.F /GORD PROCESSIXf. SER!':CE 45.00 690-88 :3.ee s-s-9e aee-ee as-3e .-3e CONS:AM F,S: JR TH RI FI' SViO P: 5•~e Secondhand r~-hand isc COIN-OPERATED VENDING MACHINES, AMUSEMENT MACHINES OA ARCADE (Definition: Pinball, marble, eletcronit, music, ect. are classified as amusement aachines .ao 32:39 .so }3-ee 0348 036 AUTOMOBILE OR OTHER VEHICLE PARTS AND SUPPLIES 45 00 31-39 038 AUTOMOBILE OR OTI{ER VEHICLE RENTALS OR U-DRIVE COISPANIES 200.00 }63-99 040 g4MING OR TARPAULIN manufacture, sales or installation 45.00 042 BAKERIES (Requires food permit from Depc. of ARZicul[ure) 18.50 }srpg 044 BANKS. Slate or national 250 00 299..-99 048A BARBERSHOP (includes one operator) 45 00 37.-39 0488 Each additional chair 9 00 ::39 37-39 t-39 j 1 052A BICYCLES Rentals on lv IS 50 k3-99 j 052B Repair shoo and rentals 2g 00 22.39 ! 052C Sales and service 45 00 ~ 054A BILLIARDS (3 cables) 3i.50 39-99 0548 Eacb addi ci pool tsble 3i 50 39-99 055 SOAT SALES. .^.e+.' ur used. -.'ich or v+t^ou; se-~~~ce 45 00 ~ OSd B1A)K n°ES'I::G OR • SiCRI'ICF 'g 00 2=-39 ~_ F 4 2-290 ATLANTCC BEACH CODE ~, board d trustees by ordinance approved by a twothirda vote d the city commission maY Provide Cor investments d greater than thirty (30) percent in equity stocks. (Ord. No. 5&75.4, 4 30, 12-22-75; Od No. 5885-5. 4 1, 7-2285) Bee. 3781. Dlvidom. The retirement system shall con®st d three (3) division, one (1) for members who are police officers, or on (U fn member who are firefighters, and are (1) for all other membare. Separate axoanting d the trsi-'on of the retirement system shall be maintaind for each divisor and shall dearly indicate the equity d each division in the aeeeta d the retirement system. The aaotmt separation shall be efieetive u d Jun 1, 1978. Each divi®on shall be regsrded u a sPerata trurt fund. The Provision d this section rder ody m the accounting raeords d the rotirement system and shell not be construed s requiring a Phydc~ segrega- tion dthe assts dthe retirement system between the division. (Ord. No. 587bd, 4 31, 12-22-Tb) Sec. 3381 Expenses. The ezpenee d administering the retirement system shell be paid by the dty. + (Od No. 58.75, 4 32, 12.22-75) { gee. 2.288. Inearanee coverage for retleante and benenciarim. The board d trustees shall pay she premiums applicable W insurance coverage. Provided '. retirants and beneficiaries to the extent not paid by deduction from the penion d retirants s~ benefidaris. Such payment shall be made odY in than fiscal Yearn authorized by specific resolution d the dty commission. Payments shall be duvged m the uneoeumbered ltalance in the reserve for undistributed iavstment income. If the unncumbered bslaece be innt(fideat, the defideney shall be charged to the resrve for employer contribution. (Ord. No. 58.75, 433, 3222.76) Bee. 328E Method of aus43ng payments. AB payments under this division shall be made according in the provision d the City Charts end dty ordinsaw Governing the disbiaeemeat d rity moms. No payment shall be made chef has not ben authorized by a epeci6e a centinuing resolution d the board d LraRea. (Ord. No. SB-754, 434. 332375) Bee. 1786. Aadgnsents prchfldtad- The right d a person W s penion, my optionl bemfit, and any other right accrued or accuing to any perm under the provisions d this division. and say moms and sets belonging to the retirement system, shall nt be sobjeet to execution. garnishment, attrh- meat, the operation d bantrupmy or insolvexy law. or any other Proses d law whatsoever. Bsya. Hw 4 188 R. ! , l' 2-~ centributiom and pamiom, and all other monies received by the retirement system the disposition d which in not apecitirally provided- There shall be transferred from the reserve for undistributed investment intone all amounu required to aedit reguter interest W the reserve for employer tyntributiom, end the reserve for retired benefit payments. Whemver the board d trustees determines the balance in the reserve for undistributed investment income is more than sufficient to cover current [bargee to the account, the ezceee or raY part thered maY be used [o Provide tyntingemy reserves, or W meet special requirements d the other reserve eawvb d the retirement system- Whenever Hie balance in the reserve for undistributed investment income in ineattdeat m meet the terent charges to the account. the amamt dthe imvl5daacy shall be trandsared lkem the rave for empb)ermnnibmiom. (Ord. ?Io. 6876.4, i 29, 12-2276) Sec. 22g0. Lzveatment of relent system asseb- The board d trustees shall be the trmtce d the monies and assets d the retirement system. The board shall have full power and authority to invest sad reavent aoch monies and assets subject to all terms, coaditiaoa, limitation and restriMion impeaedby the state on the investments of public employee retirement systems. The hoard ahaR espisy an onside investment adviser to advise the board io the making and disposition diatws[meata. All monies and easels of the retirement system shat) be held for the sole purposes of meeting C disbursements authorized in aarordance with the provision of this division, and shall be used Cor no other purposes. The board of trustee may invest and reinvest the assets d the retirement trust fund in: (e) Time or savings accounts of a national bank, a state bank insured by the Federal Deposit Insurance Corporation, or a savings and loan aseocia[ion inured by the Federal $evings and Loan Lnsurance Corporation. (b) Obligation of the United States or in obligation guaranteed m to principal and interest by the United Staten. (c) Houds, stocks, or other evidences d indebtedness issued or guaranteed by a tyrpore- Hon orgmized under the lawn of the United States, any state. or organized territory d the United Staten, or the District of Columbia, provided: (1) The tyrporetion is listed on any one or more d the recognized mtioml stack ez- ehanga that holds a rating in one of the ehra (3) highest classification by a major rating service. (2) The board d trustees shall not invest more than five (5) percent of its assets in the common stock or capital stack of any one issuing tympany, nor shall the aggregate investment in any one issuing company exceed five (6) perant d the outstendiag capital stock d the company; nor shell the aggregate of ire investments under this paragraph at cast ezceed thirty (30) percent d the fund's assets. InveetmenG shall not be made in any stacks, bonds, or other necuritia owned or tyn- trolled by a government other then that d the United States or d the several state. The g~p.xe: 185 ~. - AD4lINL4TItATION 4 2-267 Sec. 1264. Board of trustees-Respomtbt7ltiee and duties generally. The gemral administration, management and reapomibulity Cor the proper operation d the retirement ryetem, and for censtn.ing and making effective the provision d this divueion ere vaeted in the board dtrustees- (Ord. lrs b&Tb-4, 4 a, 1222-Tb) G1vo refereoee-Boards and cem®eaiom gamrsllp, 4 2-iii et seq. Sec. 14766. Same-Aetaerld data: tepa^am ~ymmmiaooa. (a) The board shall keep or tease m be kept, in cenvenient form, such data m shall be receoamanded by the actuary ae necessary for the operation d the retirement system on an actuarial basis The board shall keep or ceuee W be kept, un mnvenieat form, such additional date u is required to properly report the operation d the system. (b) The board shall tender a report to the city wmminion on or bdore the feat day d April death Year showing the fietal tramactiom d the retirement system for the Year ended the preceding thuieth daY d September, the eseeta d the retirement system as d the peeceding thirtieth day d September. and a copy d the mast recent actuarial report. (Ord. No. 5&754, 4 10. 1222761 Bse. 1166. Same s..~-:- `~ The board dtrtuteee e6all rnasiR dfm fb) trmtees u follows: (1) Two (2) rea;dents d the City to he selected by the city cemmiseian and serve at the pleasure d the city communion; 12) Oae (1) member dthe retirement system who is either a police officer or a firefighter, but not the chid d either department to 6e elected by the members of the retirement system who are also police officers m firefighter; ' 13) One (I) member date eitirement system who is wither a police officer nor firefighter to be elected by the members d the retirement system who are neither police officers or firefighters; (4) One I l) resident d the city to be selected by the other four 141 members d the board d trustees, and whose appointment shall be cenfu~med by a vme of the city cemmiasion. The eieeciom provided for un subsection 12) and (3) d this section shall he held is attordmce with such ruler es the board d trustees shall from time to time adopt. (Ord. No. 5&754, 4 b, 12-22-75; Ord. No. 58.866, 4 1. 1-1267) Bee. 1967. Sams-Term d otEoe; oath d office. The re6nlar term d office d e member d the hoard d trustees shall be two 12) Yeera for civilian members and two /2) years fm employee representatives, ualen they terminau 9.qp. Pa 5 175 1.. NOTICE OF WITFIDRAWAL Northeast Florida Regional Planning Council RULE TITLE: Local Government Comprehensive Plan Amendment Review I~ RULE NO.: 29D-5 29D-5.001 Local Government Comprehensive Plan Amendment Review 29D-5.002 Definitions '. 29D-5.003 Local Government Comprehensive Plan Amendment Review ' Fee 29D-5.004 Amendment Review Fee Deposit ' Notice is hereby given that proposed Rule 29D-5, Florida Admi nlatrative Code, entitled Local Government Comprehensive Plan Amendment Review, noticed on October 12, 1990 in Volume 16, ' i Number 41, Florida Administrative Meekly is withdrawn. E.nc losed is a copy of the Notice of Withdrawal for the Northeaat '. Florida Regional Planning Council's Administrative Code rule number 29D-5. If you should have any questions please feet free to contact me. .iln^,e YP.ly yOl~l' Brian D. Teeple Executive Director BDT:ja:fc Enclosure ~.,x.,~~_. _. ~F~ \e N~~` STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS f) t 0 C F N T E! V I E W D R I V E T A L L A M A S S F E f E O l I D A l ]) f 7 November 19, 1990 TEaMASC ffEIUM 000 ANlTINEZ ; ~•~ C The Honorable William I. Gulliford, Jr. Mayor of Atlantic Beach Post OflSca Drawer 25 Atlantic Beach, Florida 32233 Dear Mayor Gulliford: Pursuant to s.163.3184(~), Florida Statutes, a local government, upon receipt of written comments trop the Department, shall have 60 days to adopt or adopt with changes its comprehen- sive plan. Our records indicate that the adopted comprehensive plan for Atlantic Beach was scheduled to be submitted to the Department on or before September 23, 1990. Please be advised that, unless the Department receives the adopted comprehensive plan within 30 days, the Department will ' take whatever action is necessary to ensure that your comprehen- - sive plan is adopted. This may include, but not be limited to, seeking a writ of mandamus to compel the adoption of the local comprehensive plan. '_ If you have any questions regarding adoption of the comprehensive plan, please contact Robert Pennock, Chief, Bureau of Local Planning, at (904) 488-9210. Sincerely, '. Roloevt ~. ~tcu.~ Robert G. Nave, Director Division of Resource Planning and Management RGN/dcr cc: Robert Pennock David Russ Local Government File ' EA1FlLEN(Y AUFUGFAIFNT~HOIISING AND COAWNINITY DEVEWfRIENT•tE50UKEPUNNING ANDANWFGFMFNf i _ i ~, r S' PUBLIC NOTICE The City of Atlantic Beach, Florida, proposes to adopt a revised Comprehensive Plan for the city area indicated in the map below which shall include provisions for future land use, traffic circulation, public facilities, housing recreation and open space, coastal management, conservation, capital improvements and re- lated matters as required by Chapter 163, Florida Statutes and Rule 9J-5, Florida Administrative Code. The public hearing will ~. be held in the City Commission Chambers at City Hall, 716 Ocean Boulevard, Atlantic Beach, at 7:15 PM on Monday, November 26, 1990. Interested parties may appear and be heard at the meeting. The City Commission will consider the appropriateness of the proposed Comprehensive Plan in guiding the future growth and development of the city and shall consider comments presented at the public '.. hearing. Following such considerations the City Commission may ~~ adopt the Comprehensive Plan by ordinance if it is found to be appropriate and sufficient to serve the intended purpose; and, it shall be forwarded to the Florida Department of Community Affairs ~' as required by law. Copies of the proposed Comprehensive Plan aze available in the City Manager's office, City Hall, 716 Ocean Boulevard, Atlantic Beach, Florida, for public perusal. Maureen King City Clerk 5C k' ~" ps..r.._..-. ... (~ Amendment No. 3 City of Atlantic Beach November 6, 1990 - Page 2 No. Ztem 2. Oak Harbor Sewer Rehabilitation 45,900.00 4. Evaluate Buccaneer Wastewater 92,136.71 Treatment Plant 8. Buccaneer Wastewater Collection 34,900.00 System Master Plan 9. Oceanwalk / Seminole Road Plow 21,600.00 Diversion 15. Assistance With Project Financing 15,400.00 Phase i $209,936.71 Acceptance Acceptance of this amendment may be indicated by the signature of a duly authorized official of the City in the space provided below. One signed copy of this amendment returned to the Engineer will serve as Notice to Proceed. This contract will be binding on the parties thereto and parties' successors and assigns. Should this amendment not be accepted within a period of thirty (30) days from the above date, it shall become null and void. Very truly yours, _ ~,~.~~~~ James s. English, P.E. senior vice President Accepted by: CITY OF ATLANTIC BEACH APPROVED AS TO FORx .'1ND LEGALITY By: xayor Date: By: City Attorney o s. AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR WASTEWATER SYSTEM EXPANSION / CITY OF ATLANTIC HEACH, FLORIDA SCOPE OF SERVICES: Revise paragraph 4 of the section entitled Scope Of Services to read as follows: 4. Evaluate Buccaneer Wastewater Treatment Plant: The Engineer will assist the Owner's staff with developing modifications to the operating protocol for the Buccaneer Wastewater Treatment Plant. The Engineer will review historical operating data and current operating procedures. The proposed modifications will be presented to the Staff of the City of Jacksonville Bio-Environmental Services Division and the Florida Department Of Environmental Regulation. The results of the changes will be monitored and a technical memorandum will be prepared to document any increased capacity achieved through operational changes at the facility. The Engineer will also evaluate the condition of the Buccaneer wastewater treatment to identify those capital improvements which must be made to keep the plant in service during construction of the Program. The Engineer will also develop a plan for modifying the plant to provide additional capacity if sufficient capacity is not obtained through operational modifications. The Engineer will also evaluate the feasibility of used field erected treatment equipment for an interim expansion of the Buccaneer Wastewater Treatment plant to a capacity of 1.505 MGD. This will include developing a preliminary design and cost estimate for utilization of an existing plant owned by the city of Jacksonville; preparation of the bid package required to relocate the existing plant tothe Buccaneer treatment plant site; Preparing and submitting applications to construct and operate the expanded facility; standard services during project bidding and award; and standard services during construction. FEES TO BE PAZD: Revise the second paragraph of this section to read as follows: For assignments 2,4,8,9, and Phase I of assignment 15 of the Scope-of services the Engineer shall be paid a fee equal to personnel costs times a factor of 2.5. We estimate the cost of these services and associated non-salary expenses to be as follows: Amendment No. 3 City of Atlantic Beach November 6, 1990 - Page 2 No. Item 2. Oak Harbor Sewer Rehabilitation 45,900.00 4. Evaluate Buccaneer Wastewater 92,136.71 Treatment Plant 8. Buccaneer Wastewater Collection 34,900.00 System Naster Plan 9. Oceanwalk / Seminole Road Flow 21,600.00 Diversion 15. Assistance With Project Financing 15,400.00 Phase 1 $209,936.71 Acceptance Acceptance of this amendment may be indicated by the signature of a duly authorized official of the city in the space provided below. One signed copy of this amendment returned to the Engineer will serve as Notice to Proceed. This contract will be binding on the parties thereto and parties successors and assigns. Should this amendment not be accepted within a period of thirty (30) days from the above date, it shall become null and void. Very truly yours, ~d~~~ JaIDes S. English, P.E. Senior Vice President Accepted by: CITY OF ATLANTIC BEACH APPROVED AS TO FORM AND LEGALITY By: By: Mayor City Attorney I i i i AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR WASTEWATER SYSTEM EXPANSION / CONSOLIDATION CITY OF ATLANTIC BEACH, FI,ORZDA SCOPE OF SERVICES: Revise paragraph 4 of the section entitled Scope Of Services to read as follows: 4. Evaluate Buccaneer Wastewater Treatment Plant: The Engineer will assist the Owner's staff with developing modifications to the operating protocol for the Buccaneer Wastewater Treatment Plant. The Engineer will review historical operating data and current operating procedures. The proposed modifications will be presented to the Staff of the City of Jacksonville Bio-Environmental Services Division and the Florida Department Of Environmental Regulation. The results of the changes will be monitored and a technical memorandum will be prepared to document any Increased capacity achieved through operational changes at the facility. The Engineer will also evaluate the condition of the Buccaneer wastewater treatment to identify those capital improvements which must be made to keep the plant in service during construction of the Program. The Engineer will also develop a plan for modifying the plant to provide additional capacity if sufficient capacity is not obtained through operational modifications. The Engineer will also evaluate the feasibility of used field erected treatment equipment for an interim expansion of the Buccaneer Wastewater Treatment plant to a capacity of 1.505 MGD. This will include developing a preliminary design and cost estimate for utilization of an existing plant owned by the city of Jacksonville; preparation of the bid package required to relocate the existing plant totkle Buccaneer treatment plant site; Preparing ~- and submitting applications to construct and operate the expanded facility; standard services during project bidding and award; and standard services during construction. ~---~~ FEES TO BE PAID: Revise the second paragraph of this section to read as follows: For assignments 2,4,8,9, and Phase I of assignment 15 of the Scope of services the Engineer shall be paid a fee equal to personnel costs times a factor of 2.5. We estimate the cost of these services and associated non-salary expenses to be as follows: i CITY OF ATLANTIC BEACN CITY COMMISSION HEFTING STAFF REPORT AGENDA ITEN: 500,000 GALLON PACKAGE PLANT EXPANSION A'f BUCCANEER NWTP SUBMITTED BY: ROBERT S. KOSOY ~.~J DATE: NOVEMBER 2l, 1990 - BACKGROUND: Amendment i3 to Gee 6 Jensen contract dated May 10, 1990 for Evaluation of Buccaneer Wastewater Treament Plant, paragraph 4 of Scope of Services. In addition [o previous services under paragraph 4, Gee E Jensen will also evaluate the feasibility of used field erected treatment equipment for an interim expansion of [he Buccaneer Wastewater Treatment plant to a capacity of 1.505 NGD. This will include developing a preliminary design and cost estimate for utilization of an existing plant owned by the Ci[y of Jacksonville; preparation of [he bid package required [o relocate the existing plant to [he Buccaneer Treatment plan[ site; Preparing and submitting applications to construct and operate the expanded facility; standard services during project bidding and award; and standard services during construction. The interim expansion will be needed to provide adequate capacity at Buccaneer WWTP and, therefore, maintain compliance with operating permits. RECOMMENDATION: Approve additional cos[, not to exceed $66,536.71, contingent upon commitment by City of Jacksonville that package plant_and blowers will be provided to the City of Atlantic Beach at no charge. ATTACHfBUiiS: Amendment 03 REVIEWED BY CITY MANAGER AGENDA ITEM N0. ~(/ G~1 Amendment No. 2 City of Atlantic Beach November 6, 199D - Page 2 Acceptance Acceptance of this amendment may be indicated by the signature of a duly authorized official of the City in the space provided below. One signed copy of this amendment returned to the Engineer will serve as Notice to Proceed. This contract will be binding on the parties thereto and parties' successors and assigns. Should this amendment not be accepted within a period of thirty (30) days from the above date, it shall become null and void. Very trul y urs j James S. English, P.E. Senior Vice President F r. -. t`~.. Accepted by: CITY OF ATLANTIC BEACH By: Mayor Date APPROVED AS TO FORM AND LEGALITY By: City Attorney AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR WASTEWATER SYSTEM EXPANSION/CONSOLIDATION CITY OF ATLANTIC BEACH, FLORIDA SCOPE OF SERVICES: Revise paragraph 9 of the section entitled Scope Of Services to read as follows: 9. Flow Diversions: The Engineer will prepare the plans required to redirect the discharge of the Oceanwalk pressure manifold to Lift Station D. The Engineer will also prepare the plans, specifications and cost estimates for the Sea Garden Lift Station and force main. The Engineer will also provide engineering services during the bidding, award and construction of the project. FEES TO BE PAID: Revise the second paragraph of this section to read as follows: For assignments 2,4,8,9, and Phase I of assignment 15 of the Scope of services the Engineer shall be paid a fee equal to personnel costs times a factor of 2.5. We estimate the cost of these services and associated non-salary expenses to be as follows: Ho. Item 2. Oak Harbor Sewer Rehabilitation 45,900.00 4. Evaluate Buccaneer Wastewater Treatment Plant 8. Buccaneer Wastewater Collection System Master Plan 9. Oceanwalk / Seminole Road Flow Diversion 15. Assistance With Project Financing Phase I 25,600.00 34,900.00 39,417.90 15,400.00 161,217.00 c ~_ Amendment No. 2 City of Atlantic Beach November 6, 1990 - Page 2 Acceptance Acceptance of this amendment may be indicated by the signature of a duly authorized official of the City in the space provided below. One signed copy of this amendment returned to the Engineer will serve as Notice to Proceed. This contract will be binding on the parties thereto and parties' successors and assigns. Should this amendment not be accepted within a period of thirty (30) days from the above date, it shall become null and void. Very truly yours, /~(i /,~' James S. English, P.E. Senior Vice President Accepted by: CITY OF ATLANTIC BEACH APPROVED AS TO PORM AND LEGALITY By: Mayor Date: ey: City Attorney AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR WASTEWATER SYSTEM EXPANSION/CONSOLIDATION CITY OF ATLANTIC BEACH, FLORIDA SCOPE OF SERVICES: Revise paragraph 9 of the section entitled Scope Of Services to read as follows: 9. Flow Diversions: The Engineer will prepare the plans required to redirect the discharge of the Oceanwalk pressure ~ manifold to Lift Station D. The Engineer will also prepare they plans, specifications and cost estimates for the Sea Garden Lift AtfthpFron , Station and force main. The Engineer will also provide engineering services during the bidding, award and construction of the project. FEES TO HE PAID: Revise the second paragraph of this section to read as follows: For assignments 2,4,8,9, and Phase I of assignment 15 of the Scope of services the Engineer shall be paid a fee equal to personnel costs times a factor of 2.5. we estimate the cost of these services and associated non-salary expenses to be as follows: No. Item 2. Oak Harbor Sewer Rehabilitation 45,900.00 4. Evaluate Buccaneer Wastewater 25,600.00 Treatment Plant 8. Buccaneer Wastewater Collection 34,900.00 System xaster Plan 9. Oceanvalk / Seminole Road Flow 39,417.90 Diversion 15. Assistance With Project Financing 15,400.00 Phase I 161,217.00 ~._ CITY OF ATLANTIC BEACH CITY COMMISSION lD:EIINC STAFF REPORT AGENDA ITEH: SEA GARDENS LIfT STATIOti ~,/ SUBMITTED BY: ROBERT S. KOSOY ~„~S~.-y/ PATE; NOVEMBER 21, L990 BACKGROUND: Amendment i2 [o Gee b Jensen contract dated May 10, 1990 for Flow Diversion, paragraph 9 of Scope of Services. This additional work will be required by Cee b Jensen due co the immediate need [o construe[ an above-ground lift station in the vicinity of the exiscing vecvell at Sea Gardens. The City will need to have the lift station operational by June 1991, otherwise current developaent will no[ be afforded sever service. RECOMl~NDATlON: Approve additional cost, not to exceed 517,817.90 vich condition [ha[ no final design work co®ence until easement for lift station is effected. ATTACHMENTS: AmendmenC i2 REVIENED BY CITY NANACER AGENDA ITEM NO.~~) Signature guaranteed (Ban Trus Company or F rm) (AU or z 0 cer) NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as St appears upon the face of the within bond Sn every particular, without alteration or enlargement or any change whatever. 49 I ~~eoienitoaau~~ • s . Notice of such redemption shall be given in the manner provided in the Ordinance. This Bond is and has all the qualities and incidents of a negotiable Lnstrument under the Uniform Commercial Code- investment Securities Laws of the State of Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof to have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. STATEMENT OF INSURANCE [INSERT STATEMENT OF INSURANCE, IF ANY] The following abbreviations, when used in the inscription on the face of the within bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIF HIN ACT - TEN ENT - as tenants by the (~~ entireties Custodian for JT ENT - as joint tenants with (Minor) right of survivorship under Uniform Gifts to Minors and not as tenants in Act of common ( S a e ) Additional abbreviations may also be used though not in list above. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transferees tO [PLEASE INSERT NAME, ADDRESS AND SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE] the within bond and does hereby irrevocably constitute and appoint as his agen o rans er a on on e o s ep or registration thereof, with full power of substitution in the premises. Dated: ae ~~eoiAn.isoo:iM~ (MATERIAL APPEARING ON REVERSE OF BONDS) This Bond is one of an authorized issue of Series 1990 Bonds, originally issued in the aggregate principal amount of g of like date, tenor and effect, except as to num ec, n eras rate, and date of maturity, issued to refund certain outstanding obligations of the City, under the authority of and Sn full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 166, Part II, and other applicable provisions of law, and an Ordinance duly enacted by the City Commission of the City on the day of as supplemented (hereinafter collectively called "Ordinance"), and is subject to all the terms and conditions of said Ordinance. Capitalized terms used herein shall have the meaning specified in the Ordinance. The City has entered into certain covenants with the Registered Owners of the Bonds of this issue for the terms of which reference Ss made to said Ordinance. In particular, the City has reserved the right to issue additional obligations payable from and secured by a lien upon and pledge of the Pledged Revenues on a parity with the Bonds of this issue and series, upon compliance with certain conditions set forth in the Ordinance. The City has also reserved the right to defease the lien of the Bonds of this issue upon the Pledged Revenues upon making provision for payment of the Bonds as provided in the Ordinance. The Bonds maturing in the years to are not subject to redemption prior o e r s ated as esd~~rity. The Bonds maturing on ? and thereafter are redeemable prior to maturity, at the option of the City, in inverse order of maturity, and by lot within maturity if less than a full maturity, from any moneys legally available therefor, at a redemption price, expressed as a percentage of the principal amount of the Bonds so redeemed, if redeemed during the following periods: Redemption Period (Both dates inclusive) Redemption Price (t) (INSERT TAHLE) The Bonds maturing in the year are subject to mandatory redemption prior to maturity ~y Tout a redemption price of par plus accrued interest to the date of such redemption on ? of each year in the years and amounts as follows: Year Amount Year Amount (INSERT TABLE) 47 )~00/ATL16001/MI ..~, . _ PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT' AS IF SET FORTH ON THE FACE HEREOF. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond, exist, have happened and have been performed Sn regular and due form and time as required by the Laws and- Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and of the issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the Certificate of Authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF, City of Atlantic Beech, Florida has issued this Bond and has caused the same to be executed by its Mayor, either manually or with his facsimile signature, and the corporate seal of said City oc a facsimile thereof to be affixed hereto or imprinted or reproduced hereon and attested by the manual or facsimile signature of the City Clerk, all as of the _ day of BOND REGISTRAR'S CERTIFICATE OP AUTHENTICATION This Bond Ss one of the Bonds of the issue described in the within-mentioned Ordinance. As Bon Regis rar By Au orize S gna ure Date of Authentication: 46 3160/ATL16003/AAA a. < [FORM OF FIRST PARAGRAPH OF COMPOUNDING INTEREST BOND) DATE OF PRINCIPAL AMOUNT AT RATE OF ORIGZNAL ISSUANCE PER $5,000 INTEREST MATURITY DATE ISSUE MATURITY AMOUNT CUSIP REGISTERED OWNER: MATURITY AMOUNT: KNOW ALL MEN BY TP.BSE PRESENTS, that Clty Of Atlantic Beach, Florida (the "CSty"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date spec Sfied above, the Maturity Amount shown above, upon presentation and surrender hereof at the corporate trust office of as Bond Registrar and Paying Agent; prow e a or any Registered Owner of one million dollars or more in principal amount of Bonds, such payment shall, at the written request of such Registered Owner be by wire transfer or other medium acceptable to the City and to such Registered Owner. The Maturity Amount and premium, if any, of this Bond are payable in lawful money of the United States of America. This Bond is payable solely from and secured by a first lien upon and pledge of the all revenues and receipts derived from the operation of the Project [insert additional security, if any] (hereinafter the "Pledged Revenues") accruing to the City, as defined and provided in OrdSnance No. of the City (the "Ordinance") hereinafter referred to. This Bond does not constitute a general obligation or indebtedness of the City as a "bond" within the meaning of any constitutional, statutory or charter provision or limitation, and it is expressly agreed by the Registered Owner of this Bond that such Registered Owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the City, or the taxation of any property of or in the City, for the payment of the principal of and interest on this Bond or for the making of any sinking fund, reserve or other payments provided for in said Ordinance. It is further agreed between the City and the Registered Owner of this Bond, that this Bond and the obligation evidenced hereby shall not constitute a lien upon the Project or any part thereof, or on any other property of or in the City, but shall constitute a lien only on the Pledged Revenues, in the manner provided in the Ordinance. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND APPEARING ON THE REVERSE SIDE HEREOF AND SUCH FURTHER 45 ~~wirn inoaxiu~~ i ,.-~a;~.,.~.--,e-. EXHIBIT A No. UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF ATLANTIC BEACH, FLORIDA WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1990 [FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND] RATE OF INTEREST MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that Clty of Atlantic Beach, Florida (the "City"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the principal sum shown above, upon presentation and surrender hereof at the corporate trust office of as Bond Registrar and Paying Agent, and o pay so e y rom such funds, interest thereon from the date of this Bond or from the most recent Interest Payment Date to which interest has been paid, whichever is applicable, until payment of such sum, at the rate per annum set forth above until payment of the principal sum, such interest to the maturity hereof being payable on i, 1991, and thereafter on 1 and ~ each year by check or draft ma~Te3~o tTie Regis er Owner at his address as it appears, at 5:00 P.M. Eastern Time on the fifteenth day of the month preceding the applicable interest payment date, on the registration books of the City kept by the Bond Registrar; provided, that for any Registered Owner of one million dollars or more in principal amount of Bonds, such payment shall, at the written request of such Registered Owner be by wire transfer or other medium acceptable to the City and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. 44 ~~eoienitaovuu limited to, bonds, notes, certificates, warrants or other evidences of indebtedness, which are Subord hated Bonds; Ordinance in any)other res iectsany of the provisions of this shall not be effective (a) pwlth respectetotthe Bondsmoutstanding at the time such amendatory or supplemental resolution Ss adopted or (b) shall not be effective (i) until the Bonds outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be outstanding, or (11) until the Registered Owners thereof consent thereto. The fozegoing provisions notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment with respect to Bonds as to which a Credit Facility is in place and to which modification or amendment the Credit Facility Issuer has provided its prior written consent and (2) no modification or amendment shall be effective with respect to any Bonds as to which a Credit Facility is effective without the prior written consent to such modification or amendment of the Credit Facility Issuer. SECTION 6.06. SEVERABILZTY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Ordinance should be held to be contrary to any express provision of law oz to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for ary reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Ordinance of of the Bonds. SECTION 6.07. REPEALING CLAUSE. All ordinances and resolutions of the City, or parts thereof, Sn conflict with the provisions of this Ordinance are to the extent of such conflict hereby superseded and repealed. SECTION 6.08. EFPECIIVE DATE. This Ordinance shall take effect in the manner provided by law. PASSED on First Reading 1990. PASSED on Second Read Sng 1940. Approved as to form, sufficiency and correctness: City A torney ATTEST: I 1~60/~TL1600i /lU~ Mayor/Press ing O icer F <,a.. amount of the principal obligation represented thereby; nor shall any mod if icatlon or amendment either affect the unconditional promise of the City to pay the principal of and interest en the Bonds, as the same shall become due, from the Pledged Revenues, or reduce tha percentage of Registered Owners of Bonds above required to consent to such material modifications or amendments, without the consent of the Registered Owners of all such Bonds; provided further, however, that no such modification or amendment shall allow or permit any acceleration of the payment of principal of oc interest on the Bonds upon any default in the payment therecf whether or not the Registered Owners of the Bonds consent thereto. The City, from time to time and at any time and without the consent or concurrence of any Registered Owners of any Bonds, may adopt a resolution amendatory hereof or supplemental hereto, if the provisions of such supplemental resolution shall not adversely affect the rights of the Registered Owners of the Bonds then.outstanding, for any one or more of the following purposes: (1) to make any changes or corrections in this Ordinance which the City shall have been advised by counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contained herein, or to insert in this Ordinance such provisions clarifying matters or questions arising hereunder as are necessary or desirable; (2) to add additional covenants and agreements of the City for the purpose of further securing the payment of the Bonds; (3) to surrender any right, power or privilege reserved to or conferred upon the City by the terms hereof; (4) to confirm by further assurance any lien, pledge or charge created or to be created by the provisions hereof; (5) to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to assure compliance with the Code; (7) to provide such changes which, in the opinion of the Clty, based upon such certificates and opinions of the Independent Consultant Independent Certified Public Accountant, Bond Counsel, Financial Advisors or other appropriate advisors as the C1.ty may deem necessary or appropriate, will not materially adversely affect the security of the Registered Owners, including, but not limited to, such changes as may be necessary in order to adjust the terms hereof so as to facilitate the issuance of other types of obligations, Sncluding, but not 41 L60/ATL16003/MI ARTICLE VI MISCELLANEOUS PROVISIONS SECTION 6.01. SALE OF 1990 BONDS. The Series 1990 Bonds shall be issued and sold at public sale, private placement, or negotiated sale at one time or Sn installments from time to time and at such price or prices consistent with the provisions of the Act and the requirements of this Ordinance. SECTION 6.02. NOTICES TO CREDIT PACILITY ISSUER. whenever a Credit Facility issuer shall be providing a credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to receive and shall be provided by certified mail all notices and reports which are required herein to be prepared and to be sent oz made available to Registered Owners of such Bonds. SECTION 6.03. DEFEASANCE. Notwithstanding the foregoing provisions of this Ordinance, if, at any time, the City shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to any Bonds, then, and in that event, the pledge of and lien on the Pledged Revenues in favor of the Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding sentence, deposit of united States Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Registered Owners of such Bonds, in respect to which such United States Obligations, the principal and interest received will be sufficient to make timely payment of the principal, interest, and redemption premiums, if any, on such outstanding Bonds designated to be defeased, shall be considered ^provlslon for payment^. Nothing herein shall be deemed to require the City to call any of the outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the City in determining whether to exercise any such option for early redemption. SECTION 6.04. NO RECOURSE. No recourse shall be had for the payment of the principal of, premium, if any, and interest on the Bonds, or for any claim based thereon or on this Ordinance, against any present or former member or officer of the Commission or any person executing the Bonds. SECTION 6.05. MODIFICATION OR AMENDMENT. No material mod Sflcatlon or amendment of this Ordinance or of any ordinance or resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Registered Owners of fifty-one percent (Sli) or more in principal amount of the Bonds then outstand ing, provided, however, that no modification or amendment shall permit a change in the maturity of such Bonds, a reduction in the rate of interest thereon. or a reduction in the 40 l~6D ATCl600D/M~ provided, shall have the right to secure the further appointment of a receiver upon any such subsequent default. Such receiver shall, in t~ underrmthee dlrectlonwand heceinabove conferred upon him, supervision of the court making such appointment, shall at all times be subject to the orders and decrees of such court and may be removed thereby and a successor receiver appointed Ln the discretion of such court. Nothing herein contained shall limit or~restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or eppropciate for the exercise by the receiver of any function not specifically set forth herein. Any receiver appointed as provided herein shall hold and operate such System in the name of the City and the Registered Owners of Bonds issued pursuant toassisn~rdmortgage,Sor otherwise shall have no power to sell, 9 dispose of any assets of abut kthe authoritycofrsu~ch receiver pertaining to such System, thelSystemiforetheo sole~purposen ofpetheiprotectionlofeboth the City and said Registered Owners. The Registered Owners of Bonds in an aggregate principal issued undert this OcdinancentthenVeoutstanding~mays}~byfaBduly executed certificate in writing, appoint a trustee for Registered Owners of Bonds issued pursuant to this Ordinance with authority to represent such Registered Owners in any legal proceedings for the enforcement and protection of the rights of such Registered Owners. Such certificate shall be executed by such Registered Owners or their duly authorized attorneys or representatives, and shall be filed in the office of the City Clerk and with the Mayor. 39 jurisdiction, protect and enforce any and all rights, either under the laws of the State of Florida or granted and contained Sn this Ordinance and may enforce and compel the performance of all duties required by this Ordinance or by any applicable statutes to be performed either by the City or by any officer thereof, including the fixing, charging, and collecting of rates, fees or other charges for the services and facilities of the System. In the event that (1) default shall be made in the payment of the interest on oc the principal of any of the Bonds issued pursuant to this Ordinance as the same become due, or in the making of the payments into the Sinking Fund or the Reserve Account or any other payments required to be made by this Ordinance; or (ii) the City or any officer, agent, or employee thereof shall fail or refuse to comply with provisions of this Ordinance, or shall default in any covenant made herein, and any such default shall continue for a period of thirty (30) days aftec~the giving of notice thereof to the City; the Registered Owners of not less than twenty-five percent (254) Sn aggregate principal amount of Bonds outstanding, or any trustee appointed to represent Registered Owners as hereinafter provided, shall be entitled as of right to the appointment of a receiver of the System in an appropriate judicial prcceeding Sn a court of competent jurisdiction, whether or not such Registered Owners or trustee is also seeking or shall have sought to enforce any other right or exercise any other remedy in connection with Bonds issued pursuant to this Ocd finance. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the System, and each and every part thereof, and shall hold, operate and maintain, manage and control such System, and each and every part thereof, and in the name of the City shall exercise all the rights and powers of the City with respect to the System as the City itself might do. Such receiver shall collect and receive all Revenues and maintain and operate such System in the manner provided in this Ordinance, and comply, under the jurisdiction of the court appointing such receiver, with all of the provisions of this Ordinance. whenever all principal that is due upon Bonds issued pursuant to this Ordinance, together with interest thereon, and all payments required under any covenants of this Ordinance for reserve, sinking funds, or other funds, and all principal upon any other obligations, together with interest thereon, having a charge, lien or encumbrance upon the Pledged Revenues, shall have been paid and made good, and all defaults under the provisions of this Ordinance shall have been cured and made good, possession of the System shall be surrendered to the City upon the entry of an order of the court to that effect. upon any subsequent default, any Registered Owner of Bonds issued pursuant to this Ordinance, or any trustee appointed for Registered Owners as hereinafter 38 delinquent charges, -together with interest and reasonable penalties, have been paid in full. (K) USE OF SYSTEM. The City will, to the full extent permitted by law, require all persons, lands, buildings, and structures located within the service area of the System or which can use the facilities and services of the System to connect with and use the facilities and services of the System and will cease all other means and methods for the supply of water and the collection, purification, treatment and disposal of sewage and waste matter. (L) NO COMPETING FACILITIES. The City, t~ the extent permitted by law, will not grant any franchise, license, or permit, or cause or voluntarily agree to the granting of any franchise, license, or permit, for the construction or operation of any facilities which will be competitive with the services and facilities of the System; provided, however, that this subsection shall not affect the vested rights of any persons, firms, ur corporations now owning oc operating such facilities. Notwithstanding any other provisions of this Ordinance to the contrary, the City shall be authorized to construct or acquire non-competing systems providing products and services similar to those provided by the System in areas of the City geographically distinct from those of the System, and none of the revenues derived from such non-competing systems shall be deemed to be Revenues of the System pursuant to this Ordinance; provided, however, that if the City shall furnish products and services from the System to any non-competing systems, which the City Ss hereby authorized to do, at rates comparable to the rates charged to other customers served by the System, the cost of products and services so supplied shall be deemed to be an operating expense of such other non-competing systems and an amount of the revenues derived from said other non-competing systems, which shall not be less than the cost of such products and services shall be transferred from the revenues of said non- competing systems and deposited in the Revenue Fund created herein, and shall be deemed to be Revenues derived from the operation of the System as fully and to the same extent as other Revenues derived from the operation of the System. (M) TAX COMPLIANCE. The Clty will take all actions and do all things necessary or desirable Sn order to maintain the exclusion from gross Sncome for federal income tax purposes of interest on the Bonds, to the same extent as such existed on the date of issuance thereof, under the provisions of the Code. SECTION 5.02. REMEDIES. Any Registered Owner of Bonds issued under the provisions of this Ordinance, or any trustee acting for such Registered Owners in the manner hereinafter provided, may, either at law or in equity, by suit, action, mandamus, or other proceedings, in any court of r_ompetent 37 For said entire preceding Fiscal Year or Computation Period as applicable. No Additional Parity Bonds, shall be issued at any time, however, unless all of the payments into the respective funds provided for in this Ordinance on Bonds then outstanding, and all other Sinking Fund, Reserve Account or other payments provided for Sn this Ordinance, shall have been made in fu~_1 to the date of issuance of said Additional Parity Bonds, and the City shall be Sn substantial compliance with all of the covenants, agreements and terms of this ordinance. (I) NO FREE SERVICE OR PREFERENTIAL RATES. The City will not render or cause to be rendered any free services of any nature by the System, or any part thereof, nor will any preferential rates be established for users of the same class; in the event the City, or any department, agency, or instrumentality, or any officer or employee thereof, shall avail itself of the facilities or services provided by said System, or any part thereof, the same rates, fees, or charges applicable to other customers receiving like services under similar circumstances shall be charged to the Clty and to any such department, agency, instrumentality, officer, or employee. Such charges shall be paid as they accrue, and the City shall transfer from its general funds sufficient sums to pay such charges. The Revenues so received shall be deemed to be Revenues derived from the operation of the System, and shall be deposited and accounted for in the same manner as other Revenues derived from the operation of the System; provided, however, that this paragraph shall not require the City to have the same rates for users of the services and facilities of the System residing or located within different areas of the City, and the City may have different rates for users of the services and facilities of the System located outside the boundaries of the City, as long as such rates comply with this paragraph, insofar as they relate to the users within any particular area or areas located without the City. (J) ENFORCEMENT OF COLLECTIONS. The City will diligently enforce and collect all fees, rentals, or other charges for the services and facilities of the System and all parts thereof. The Commission will establish written policies regarding the enforcement of collections of such fees, rentals, and other charges and take all steps, actions and proceedings for the enforcement or collection of such fees, rentals or other charges to the full extent permitted or authorized by law, consistent with such reasonable policy. The City will, to the full extent permitted by law and consistent with such reasonable policy, shut off and discontinue the supplying of the services and facilities of the System for the nonpayment of fees, rentals, or other charges for such services, and will not restore said services until all 36 1~601ATL16002OJ~ s Completion Bonds may be issued without any financial tests, provided that such Completion Bonds may be Issued only in a principal amount not greater than fifteen percent (15~) of the principal amount of Bonds initially issued to fund the applicable capital Project, or may be issued without regard to the fifteen percent (35!) limitation upon the approval of the Credit Facility Issuer and delivery to the City of a certificate of an Independent Consultant stating that the pzoceeds of such Completion Bonds will be sufficient to complete the acquisition, construction and installation of such Project substantially in accordance with the plans and specifications therefor in effect at the time of issuance of the Bonds originally issued for such Project. Additional Parity Bonds payable from the Pledged Revenues may be issued by the City for refunding purposes without regard to the foregoing tests, provided that (1) the maximum Debt Service Requirement in any future Bond Year is not increased, and (2) the final maturity of the Bonds Ss not extended, as a result of such refunding. For purposes of this Subsection 5.01(G), the term ^Adjusted Net Revenues" shall mean the Net Revenues, as set forth in a written certificate of the Certified Public Accountants, for the Computation Period specified in the preceding paragraph, adjusted by the Independent Consultant In the following manner: (1) in the event the City shall be constructing or acquiring additions, extensions and improvements to the System from the proceeds of such Add Stlonal Parity Bonds and shall have established rates, fees and charges to be charged and collected from the users of such facilities when service Ss rendered, such Nat Revenues may be adjusted by adding thereto (a) in the case of acquisition of exlsting facilities, the actual amount of Net Revenues which the Independent Consultant certifies to have been collected from the customers of the exlsting system being acquired during the Computation Period, and (b) in the case of the construction of additions, extensions and improvements to the System, the amount of Net Revenues which the Independent Consultant estimates would have been received have such additions, extensions and improvements been completed and in operation during the Computation Period. (2) in the event that the City shall have increased the rates, fees and charges for the services and facilities of said System during the Computation Period immediately preceding the date of sale of such Additional Parity Bonds, or subsequent to the end of the Fiscal Year immediately preceding the sale of the additional Parity Obligations but prior to the date of sale of the Additional Parity Bonds, the Net Revenues may be adjusted by the Independent Consultant by adding thereto the additional Net Revenues which the Independent Consultant estimate would have been received from said System if such increased fees, rates or other charges had been in effect 35 ]~60/ATf.16003 /~A~ ~.. .A Additional Parity Bonds payable from the Pledged Revenues may be issued by the City (i) for the purposes of financing the construction and acquisition of additions, extensions and improvements to the System only if the requirements of either (1) or (2) below have been met (as evidenced by the certificate of an Independent Consultant or Independent Certified Public Accountant). (1) Adjusted Net Revenues during the Computation Period (exclusive of Capital Facility Charges and Sewer Generation Charges) shall have at least equalled the sum of: (1) one hundred ten percent (11ob) of the Debt Service Requirement for the then current Bond Year on all Bonds to be Outstanding as of the date of such issuance; plus (11) amounts, if any, required to be deposited in the Reserve Account during such Computation Period (less any portion thereof which is to be deposited from proceeds of Bonds) and any amounts due to a Reserve Account Credit Facility Issuer payable in such Computation Period; plus (iii) amounts required to be deposited in the Renewal, Replacement and Improvement Account during such period. (2) Adjusted Net Revenues for such Computation Period (inclusive of Capital Facilities Charges and Sewer Generation Charges) shaJ.l have equalled at least the sum of: (1) one hundred twenty percent (1201) of the Debt Service Requirement for the then current Bond Year on all Bonds to be Outstanding as of the date of such issuance; plus (ii) amounts, if any, required to be deposited in the Reserve Account during such Computation Period (less any portion thereof which Ss to be deposited from proceeds of Bonds) and any amounts due to a Reserve Account Credit Facility Issuer payable in such Computation Period; plus (111) amounts required to be deposited in the Renewal, Replacement and improvement Account during such period. Fo[ purposes "Computation Period" shall of the twenty-four months Additional Parity Bonds or City. of this Section 5.01(H), the term mean (A) any twelve consecutive months immediately preceding the sale of the (B) the most recent Fiscal Year of the 34 v en,en,, eoaz,uu disposition is Sn excess of S25,000, such finding shall be approved by the Independent Consultant and by resolution of the governing body of the City. Any proceeds of such sale or other disposition shall be deposited in the Renewal Replacement and Improvement Fund created by this Ordinance and used only as provided herein for moneys on deposit Sn such fund. Such payment of such proceeds into said Renewal Replacement and Improvement Fund shall not reduce the amounts required to be paid Snto said fund by other provisions of this Ordinance. The foregoing provision notwithstanding, the City shall have and hereby reserves the right to sell, lease, or transfer operating control of, or otherwise dispose of, the property comprising the System as a whole to any public board or body, whether created by the City or created pursuant to the laws of the State, for the purpose of owning and operating the System, whether independent of or together with any other utility systems of the City. Any such transfer shall be expressly made subject to the rights of the Registered Owners of any Bonds issued hereunder, and in particular subject to the lien upon the pledged Revenues of the Bond. Additionally, notwithstanding the foregoing provisions, the City is authorized and empowered to combine and consolidate any portion of the System and to combine into and consolidate with the System any other water systems, sewer system, or combined utility, within or without the City, whether acquired or constructed by the City, and after such combination and consolidation, such systems shall thereafter be deemed to be part of the System, to the extent not previously a part of the System and subject to the provisions of this Ordinance. (G) ISSUAHCE OF OTHER OBLIGATIONS PAYABLE OUT OF REVENUES. The City will not Issue any other obligations, except Additional Parity Bonds hereafter issued under the conditions and in the manner provided herein, payable from the Pledged Revenues nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or any other charge having priority to or being on a parity with the lien of the Bonds Issued pursuant to this Ordinance and the interest thereon, upon any of the Pledged Revenues. Any other obligations issued by the City, in addition to the Bonds authorized by this Ordinance or Additional Parity Bonds provided for Sn Subsection 5.01(H) below, shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds issued pursuant to this Ordinance and any such Additional Parity Bond as to lien on and source and security for payment from the Pledged Revenues, and in all other respects. (H) ISSUANCE OF ADDITIONAL PARITY 80NDS. No Additional Parity Bonds shall be issued after the issuance of any Bonds pursuant to this Ordinance, except upon the following terms and conditions: 33 furniture, fixtures and equipment of the System. In time of war, the City shall also carry in said amount such insurance as may be available against loss or damage by the risks and hazards of war. (E) BOOI(S AND RECORDS. The City will keep books and records of the System, which shall be separate and apart from all other books, records and accounts of the City, and in which complete and correct entries shall be made Sn accordance with standard principles of governmental accounting of all transactions relating to the System; any Registered Owner of Bonds issued pursuant to this Ordinance shall have the right at all reasonable times to inspect the System and all parts thereof, and all records, accounts and data of the City relating thereto. The Clty shall, within 180 days after the close of each Piseal Year, cause the books, records and accounts of the System for such preceding Fiscal Year to be properly audited by the Independent Certified Public Accountants, and shall file with the City such report which shall cover in reasonable detail the operation of the System and the insurance carried with respect thereto. The City shall mail upon written request, and make available generally, said report, or a reasonable summary thereof, to any Registered Owner of Bonds issued pursuant to this Ordinance. (F) SALE OF THE SYSTEM. The System may be sold, mortgaged, leased or otherwise disposed of only as a whole or substantially as a whole, and only if the net proceeds to be realized from such transaction shall be sufficient fully to retire all of the Bonds and all other obligations outstanding pursuant to the provisions of this Ordinance which have a lien on the Pledged Revenues. The proceeds from such sale, mortgage, lease or other disposition of and shall be used only for the purpose of paying the principal of and interest on the Bonds and other obligations outstanding pursuant to the provisions of this Ordinance as the same shall become due, or the redemption of callable Bonds, provided, however, that any excess of such proceeds not needed for such purpose may be used by the City for any purpose permitted by law. The foregoing provisior. not withstanding, the City shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property comprising a part of the System which may hereafter be determined in the manner provided herein to be no longer necessary, useful, or profitable in the operation thereof. Prior to any such sale, lease, or other disposition of said property the duly authorized officer in charge of such System shall make a finding in writing determining that such property comprising a part of said System is no longer necessary, useful, or profitable in the operation thereof. If the amount to be received as a result of such sale or other disposition is in excess of $5,000, such finding shall be approved by resolution of the governing body of the City, and, if the amount to be received as a result of such sale or other 32 s-.-: ARTICLE V COVENANTS OF THE CITY REMEDIES SECTION 5.01. COVENANTS OF THE CITY. So long as any of the principal of, premium, Sf any, or interest on any of the Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Sinking Fund and the accounts therein, a sum sufficient to pay, when due, or to redeem prior to maturity, the entire principal of the Bond remaining unpaid, together with interest accrued and to accrue thereon, the City covenants with the Registered Owners of any and all of the Bond issued pursuant to this Ordinance as follows: (A) RATE COVENANT. The City will fix, establish and maintain such rates and collect such fees, rentals, or other charges for the services and facilities of the System, and will revise the same from time to time whenever necessary, so as to provide (1) Revenues in each Fiscal Year, equal to one hundred percent (l0D!) of (a) the Operating Expenses of the System for such year, (b) the required deposits into the Reserve Account, the Renewal, Replacement and Improvement Fvnd, in such year, and (c) the Debt Service Requirement on the Bonds in such year; and (11) Net Revenues in each Fiscal Year equal to one hundred ten percent (ilOE) of the Debt Service Requirement on the Bonds in such year. (B) OPERATION AND MAINTENANCE. The City will maintain the system and all parts thereof in good condition, and will operate the same in an efficient and economical manner, making such expenditures for equipment and for renewal, repair and replacement as may be proper for the economical operation and maintenance thereof and, subject to the provisions of this Ord Snance, will continuously operate the System as a revenue producing enterprise of the City until all of the Bonds and the interest thereon, are finally paid and retired, or until the Bonds have been defeased in accordance with the provisions hereof. (C) INSPECTION AND REPORT. The City will cause the Facilities of the System to be inspected by the Independent Consultants in accordance with prudent water and wastewater system utility practice. (D) INSURANCE. The City will carry such insurance as is ordinarily carried by private corporations owning and operating Facilities similar to the System with a reputable insurance carrier or carriers, including liability insurance, for which the City may be a self-insurer, and insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks, and said property loss or damage insurance shall at all times be in an amount or amounts equal to the fair appraisal value of the buildings, properties, 31 applied. Once money is deposited Sn Escrow Agreement 1990 ~ Bondholder's have no lien on it. SECTION 4.02. REDEMPTION OF REFUNDED BONDS. The CSty shall call for prior redemption the portions of the Refunded Bonds, if any, specified in subsequent resolution of the Commisslon adopted at or prior to the time of sale of the Series 1990 Bonds. 30 P<'._. ARTICLE IV APPLICATION OF BOND PROCEEDS; REDEMPTION OF ODTSTANDING BONDS SECTION 4.01. APPLICATION OF BOND PROCEEDS. All moneys received from the sale of any or all of the Series 1990 Bonds originally authorized and issued pursuant to this Ordinance, shall be disbursed as follows: (A) Accrued interest received upon the delivery of the Series 1990 Bonds shall be deposited into the Sinking Fund and applied to the interest coming due on the Series 1990 Bonds on the first Interest Payment Date. (B) A sum which, together with other legally available funds of the City (including a Credit Facility) shall be deposited Sn the Reserve Account, Sn an amount equal to the Reserve Account Requirement for the Series 1990 Bonds. (C) To the extent not paid or reimbursed therefor by the original purchaser of the Series 1990 Bonds, the City shall pay all costs and expenses Sn connection with the preparation, issuance and sale of the Bonds, including bond insurance and bond reserve insurance, if applicable. (D) A sum specified in the Escrow Deposit Agreement which, together with the other funds described in the Escrow Deposit Agreement to be deposited in escrow, and together with the investment income thereon, will be sufficient to pay the principal of, interest and redemption premiums, if any, as applicable, on the Refunded Bonds as the same shall become due or may be redeemed, shall be deposited into the Escrow Account established by the Escrow Deposit Agreement in the respective amounts sufficient for such purposes. Simultaneously with the delivery of the principal amount of Series 1990 Bonds necessary to accomplish the refunding program specified in this Ordinance, the City shall enter into the Escrow Deposit Agreement which shall provide for tha deposit of sums into the Escrow Account established therein, and for the investment of such money in appropriate United States Obligations so as to produce sufficient funds to make all of the payments described Sn the first paragraph of this Section 4.O1D. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the escrow holder named therein appropriate documentation to demonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. (E) All such proceeds disbursed in accordance with this Section 4.01 shall be and constitute trust funds for such purposes and, to the extent not required to be rebated to the United States Treasury, there is hereby created a lien in favor of the Owners of the Series 1990 Bonds upon such money until so 29 in no event shall such transfers in the aggregate exceed the applicable Sewer Generation Charges Debt Service Component. K. INVESTMENT OF MONEYS AND DISPOSITION OF INVESTMENT INCOME. Revenues on deposit in the Revenue Fund, the Operation and Maintenance Fund, the Sinking Fund (excluding the Reserve Account therein), the Renewal, Replacement and Improvement Fund, the Sewer Generation Charges Fund, the Capital Facilities Charges Fund and the Construction Fund may be invested and reinvested only in Authorized investments maturing not later than the date on which the money therein will be needed. The Revenues in the Reserve Account may be invested and reinvested in Authorized Investments, provided such investments mature not later than five years from the date of purchase. Any and all income received by the City from such investments of Revenues Sn the above Funds and Accounts (excluding the Reserve Account and the Construction Fund) shall be deposited Snto the Sinking EUnd. Income received from the investment of money on deposit in the Reserve Account shall remain in the Reserve Account unless it is fully funded, in which case such income shall be deposited into the Sinking Fund on the next business day following the receipt thereof. Income received from the investment of money on deposit in the Construction Fund shall remain on deposit therein pending completion of the Project, and thereafter shall be deposited into the Sinking Fund. Income received from the investment of money on deposit in the Sewer Generation Charges Fund and the Capital Facilities Charges Fund shall be retained in said funds until applied for the purposes"of such funds. All investments of money on deposit from time to time in the Funds and Accounts created and established by this Resolution, including the United States Obligations specified in Section 6.06 below, shall be valued at the cost thereof. SECTION 3.05 UNCLAIMED MONEY. Notwithstanding any provisions of this Ordinance, any money held by the paying agent for the payment of the principal oc redemption price of, or interest on, any Bonds and remaining unclaimed for 1 year after the principal of all of the Bonds has become due and payable (whether at maturity or upon call for redemption), if such money were so held at such date, or 1 year after the date of deposit of such money if deposited after such date when all of the Bonds became due and payable, shall be repaid to the Clty free from the provisions of this Ordinance, and all liability of the paying agent with respect to such money shall thereupon cease; provided, however, that before the repayment of such money to the City as aforesaid, the City first oubl ish at least once in a financial newspaper or Journal publlsred and/or of general circulation in New York, New York, a notice, in such form as may be deemed appropriate by the Clty with respect to the Bonds so payable and not presented, and with respect to the provisions relating to the repayment to the City of the money held for the payment thereof. 28 A60/A2L16003 /AIH Installments and interest on the Bonds, and to restore any deficiency in the Reserve Account. Notwithstanding the foregoing, the City shall not be required to make any deposit to the Renewal, Replacement and Improvement fund if at such time the amount then on deposit in the Renewal, Replacement and Improvement Fund shall be at least 5500,000. H. BALANCE OF REVENUES. Thereafter the balance of any Revenues remaining after the above required payments (including deficiencies for prior payments) have been made may be used by the Clty for any lawful purpose. I. OPERATION OF CAPITAL FACILITIES CHARGES FUND; ADDITIONAL PLEDGE OP CAPITAL FACILITIES CHARGES. All Capital Facilities Charges shall immediately upon receipt thereof be deposited into the appropriate subaccounts In the Capital Facilities Charges Fund and shall be used only for the purpose of paying the cost of acquiring or constructing Expansion Facilities or Capital Facilities Charges Debt Service Components, if applicable. The payment of the principal of, premium, if any, and interest on any series cf Bonds may additionally be secured by a pledge of and lien upon applicable Capital Facilities charges collected by the City to the extent permitted by applicable law. If such Capital Pacilities Charges shall be approved and the pledge thereof to pay any series or installment of Bonds provided for by the City, the City covenants to collect and deposit the Annual Capital Facilities Charges Debt Service Requirement and related earnings into the Sinking Fund established for any series of Bonds to which such Capital Facilities Charges Debt Service Component is pledged, but in no event shall such transfers in the aggregate exceed the applicable Capital Facilities Charges Debt service Component. J. OPERATION OF SEWER GENERATION CHARGES FUND; ADDITIONAL PLEDGE OF SEWER GENERATION CHARGES. All Sewer Generation Charges shall lmnediately upon receipt thereof be deposited into the appropriate subaccounts in the Sewer Generation Charges Fund and shall be used only for the purpose of paying the cost of acquiring or constructing Sewer Faculties or Sewer Generation Charges Debt Service Components, Sf applicable. The payment of the principal of, premium, if any, and interest on any series of Bonds may additionally be secured by a pledge of and lien upon applicable Sewer Generation Charges collected by the City to the extent permitted by applicable law. If such Sewer Generation Charges shall be approved and the pledge thereof to pay any series of Bonds provided for by the Clty, the City covenants to collect and deposit the Annual Sewer Generation Charges Debt Service Requirement and related earnings into the Sinking Fund established for any series of Bonds to which such Sewer Generation Charges Debt Service Component is pledged, but 27 securities are rated "AA" or the equivalent or better by either of the above rating agencies; in an amount equal to the difference between the Reserve Acccunt Requirement and the amount otherwise deposited therein. At any time after the issuance of any Bonds, the City may, in its discretion, withdraw the amount of money on deposit in the Reserve Account and substitute in its place, a deserve Account Credit Facility in form and substance acceptable to the Credit Facility issuer or, if there Ss no Credit Facility, which otherwise meets the requirements for Reserve Account Credit Facilities set forth Sn the immediately preceding paragraph, Sn the face amount of such withdrawal, and deposit the surplus money so withdrawn into a construction fund which may hereafter be created by subsequent ordinance or resolution authorizing Additional Parity Bonds or into the Sinking Fund. Any repayments from Revenues for amounts drawn and/or received from a Reserve Account Credit Facility shall be made in the order of priority and otherwise pursuant to this Section 3.04. Money in the Reserve Account shall be used only for the purpose of the payment of maturing Amortization installments or principal of or interest on the Bonds when the other money allocated tc the Sinking Pund (other than the Reserve Account) is insufficient therefor, and for no other purpose. However, if and whenever the money applied and allocated to the Reserve Account exceeds the Reserve Account Requirement on all then outstanding Bonds, such excess shall be withdrawn and deposited into the Sinking Fund. P. COMPLETION OF FUNDING REQUIREMENT. The City Shall not be required to make any further applications or allocations to the Sinking Pund (including the Bond Amortization Account and the Reserve Account therein) as long as the aggregate sums applied and allocated thereto are and remain at least equal to the sum of all of the annual Debt Service Requirements then due and becoming due in all ensuing years for the Bonds then outstanding, plus the amount of redemption premiums, Sf any, then due and thereafter to become due on the Bonds then outstanding by operation of the Bond Amortization Account. G. RENENAL, REPLACEMENT AND IMPROVEMENT FUND. Revenues shall next be applied and allocated to the Renewal, Replacement and Improvement Fund in an amount sufficient to provide an annual aggregate deposit therein equal to five percent (Sk) of Gross Revenues.The money in the Renewal, Replacement and Improvement Fund shall be used only for the purpose of paying the cost of extensions, enlargements or additions to, or the replacement of capital assets of the System or for unusual or extraordinary repairs thereto, except that the money in such Fund shall first be used to supplement the Reserve Account whenever necessary to prevent a default in the payment of principal, Amortization 26 be more than one maturity of Term Bonds, the Amortization Installments for the Term Bonds of each maturity. Money held for the credit .of the Bond Amortization Account shall be applied to the redemption or open market purchase (at not exceeding the price of par and accrued interest) of Term Bonds in accordance with the mandatory redemption provisions and!or the schedule of Amortization Installments for such Term Bonds. Amortization Installments for any Term Bonds shall be reduced on a reasonably proportionate basis to the extent that such Term Bonds are purchased in the open market. The City shall pay from the S£nking Fund all expenses in connection with such purchase or redemption. E. RESERVE ACCOUNT. Revenues shall next be applied by the City to maintain in the Reserve Account a sum equal to the Reserve Account Requirement. Such sum shall initially be deposited therein either (1) from the proceeds of sale of the Bonds, (2) from the money in the reserve accounts for any of the Refunded Bonds or (3) from a combination of the foregoing. Any withdrawals from the Aeserve Account shall be restored within 12 months by depositing therein an amount equal to 1/12th of such withdrawal. No further payments shall be required to be made into the Reserve Account when there has been deposited therein and as long as there shall remain on deposit therein a sum equal to the Reserve Account Requirement. Witt. respect to all funds and accounts except the Reserve Account, valuation shall occur annually. Authorized investments in the Reserve Account shall be valued semiannually, except in the event of a withdrawal from the Reserve Account, whereupon they shall be valued immediately after such withdrawal and monthly thereafter until the Reserve Account is at its required level. if amounts on deposit in the Reserve Account shall be less than the applicable requirement, the Credit Pacility Issuer, if any, shall be notified immediately of such deficiency, and such deficiency shall be made up over a period of not more than four months, in four (4) substantially equal payments in the event such deficiency results from a decrease in the market value of the Authorized Investments on deposit in the Reserve ACCOUilt. Notwithstanding the foregoing, the City shall not be required to fully capitalize the Reserve Account on the date of issuance of the Series 1990 Bonds from proceeds of the sale of the Series 1990 Bonds, or from money Sn the reserve accounts for any of the Refunded Bonds, if it provides on the date of issuance of the Series 1990 Bonds, in fozm and substance acceptable to the Credit Facility Issuer (if applicable) (1) a Reserve Account Credit Facility issued by a reputable and recognized municipal bond insurer whose insurance policies generally result £n insured issues being rated in the highest rating category by either SaP or Moody's, or (2) a letter of credit issued by any bank or national banking association insured by FDIC whose own debt zs C. SINKING FUND. Revenues shall next be applied and allocated to the Sinking Fund in such sums as will be sufficient to pay one sixth (1/6th) of all interest becoming due on the Current interest Paying Bonds on the next semiannual interest payment date therefor, plus the amount of any prior deficiencies (Sf Bonds with a variable rate of interest are outstanding, the City shall deposit in lieu of the one sixth (1/6th) interest deposit described above, the interest actually accruing on such Bonds for such month, assuming the interest rate thereon on the first day of such month will continue through the end of such month, plus any deficiencies in interest deposits for the preceding month); 1/6th or 1/12th, as the case may be, of all principal maturing on the Current Interest Paying Serial Bonds on the next maturity date, plus the amount of any prior deficiencies; and 1/6th or 1/12, as the case may be, of the Maturity Amount next becoming due on any Serial Capital Appreciation Bonds whether by reason of maturity or earlier redemption thereof, plus the amount of any prior deficiencies; and an amount sufficient to pay the fees and charges of the Bond Registrar and paying agent. In the event the first interest payment date or first principal maturity date shall occur either mote or less than 6 months or 12 months, as the case may be, after the delivery of any of the Bonds, then the payments required above shall be adJusted accordingly to provide for the payment of such principal and interest. Credit shall be allowed against the required deposit amounts due as prescribed in this paragraph C and the immediately succeeding paragraph D for the payment of principal of, interest on and Amortization Installment of the Bonds to the extent of any other funds on deposit and available for such purpose in the applicable account of the Sinking Fund, including amounts of Sewer Generation Charges and Capital Facilities Charges as may have been pledged for such payment, capitalized interest and any investment income, which amounts shall have been transferred into the Sinking Fund or account therein and available for such purposes. D. BOND AMORTIZATION ACCOUNT. On a parity with the deposits required by the preceding paragraph, Revenues shall simultaneously be applied and allocated to the Bond Amortization Account, to the extent required, in such sums as will be equal to 1/12th of the Amortization Installment reouired to be made on the next annual payment date for Term Bonds, plus the amount of any prior deficiencies. Such allocations shall be credited to a separate special account for each series of Term Bonds outstanding, and if there shall be more than one stated maturity for Term Bonds of a series, then into a separate special account in the Bond Amortization Account for each such separate maturity of Term Bonds. Upon the sale of any Term Bonds, the City shall, by resolution of the Commission, establish the amounts and maturities of such Amortization Installments, and if there shall 24 J260/ATL16002/M~ ,~: Charges Fund, hereinafter referred to as the "Sewer Generation Charges Fund. A. SEGREGATION OF FUNDS. The Funds and Accounts created and established above and any other special funds and accounts created and established by this Ordinance shall constitute trust funds for the purposes provided herein for such Funds and Accounts, and shall be kept separate and distinct on the books of the City from all other funds of the City and used only for the purposes and in the manner herein provided. All such Funds and Accounts shall be continuously secured in the same manner asmunicipal deposits are authorized to be secured by the laws of the State of Florida. B MAINTENANCE OF FUNDS AND ACCOUNTS. The cash required to be accounted for in each of the Funds and Accounts established herein may be deposited in a single bank account, provided that adequate governmental accounting records are maintained to reflect and control the restricted allocation of the cash on deposit therein for the various purposes of such Funds and Account. The designation and establishment of the various Funds and Accounts in and by this Ordinance shall not be construed to require the establishment of any completely independent, self-balancing funds, as such term is commonly defined and used in governmental accounting practices, but rather Ss intended solely to constitute an earmarking of Revenues and certain assets of the System for certain purposes and to establish certain priorities for application of such Revenues and assets as herein provided. SECTION 3.04. APPLICATION OF PLEDGED REVENUES. For as long as any of the principal of and interest on any of the Bonds shall be outstanding and unpaid or until (a) there shall have been set apart in the Sinking Fund, herein established, incaudi~ the Reserve Account and Bond Amortization Account, sufflciont to pay when due the entire principal of the Bonds remaining unpaid, together with the premium, if any, with respect thereto, and the interest accrued or to accrue thereon, or (b) provision for payment of the Bonds shell have been made in accordance with the terms of Section 6.04 of this Ordinance and the Bonds shall have been defeased, the City covenants with the Registered Owners of any and all Bonds as follows: A. REVENUE FUND. Revenues shall be deposited as received in the Revenue Pund and shalcommencins~indthe month before the 25th day of each month, 9 immediately following the delivery of the Bonds, only in the following manner and in the following order of priority. B. OPERATION AND MAINTENANCE FUND. Revenues shall first be deposited into the Operation and Maintenance Fund in such sum as is necessary for the Cost of Operation and Maintenance for the next ensuing month as determined by the City Manager of the City, or his designee. 23 N b0lAtL16003 /AAb ARTICLE III BONDS NOT GENERAL OBLIGATION OF CITY; PLEDGE OF REVENUES AND APPLICATION THEREOF SECTION 3.01. BONDS NOT GENERAL OBLIGATION OR INDEBTEDNESS OF CITY. Neither the BOnds nor the interest thereon shall be or constitute a general indebtedness of the City as "bonds" within the meaning of any constitutional, statutory, charter or code provision or limitation, b=t~i~111fean~cand obligations of the City, the principal of, p Y• interest on ahieh are payable solely from the Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds issued hereunder shall ever have the right to require or compel the exercise of the ad valorem taxing power of the City, the State of Florida or any political subdivision thereof, or taxation in any form of any property of or in the City, the State of Florida or any political subdivision thereof, to pay the Bonds or the interest thereon. SECTION 3.02. BONDS SECURED BY PLEDGED REVENUES. The payment of the principal of, premium, if any, and interest on all of the Bonds issued hereunder shall be secured forthwith equally and ratably with the other Bonds by a first lien upon and pledge of the Pledged Revenues. The Pledged Revenues, 1n an amount sufficient both to pay the principal of and interest on the Bonds herein authorized and to make the payments into the Reserve Account and Sinking Fund and all other payments provided for in this Ordinance are hereby irrevocably pledged in the manner stated herein to the payment of the principal of, premium, if any, and Interest on the Bonds herein authorized as the same become due; provided that said pledge and lien may be released and extinguished by defeasance as provided in Section 6.Oa hereof. SECTION 3.03 CREATION OF FUNDS AND ACCOUNTS. There are hereby created and established the following funds and accounts: the water and Sewer Refunding Revenue Bonds Revenue Fund, 4ereinafter referred to as the "Revenue Fund"; the water and Sewer Refunding Revenue Bonds Sinking Fund, hereinafter called the "Sinking Pund", together with the subaccounts therein to be known as the "eond Amortization Account" (together with any subaccounts therein), the "Reserve Account" and the "Redemption Account"; the Mater and Sewer Refunding Revenus Bonds Operation and Maintenance Pund, hereinafter referred to as the "Operation and Maintenance Fund"; the Water and Sewer Refunding Revenue Bonds Renewal, Replacement and improvement Fund, hereinafter referred to as the "Renewal, Replacement and Improvement Fund"; the System Capital Facilities Charges Fund, hereinafter referred to as the "Capital Facilities Charges Fund," together with a separate account therein for the Atlantic Beach System, the Buccaneer System and the Oak Harbor System, as well as separate subaccounts therein to segregate water and sewer Capital Facilities Charges; and the Sewer Facilities Sewer Generation 22 L Information Service's Called Bond Service and Standard s Poor's Called Bond Record). SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be in substantially the form of Exhibit A hereto, with such 01111991068, insertions, and variations as may be necessary and desirable, and as may be authorized or permitted by this Ordinance or by subsequent resolution adopted prior to the issuance thereof. 21 SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds may be redeemable, by operation of the Bond Amortization Account or at the option of the City, as provided by subsequent resolution of the Commission adopted prior to the delivery of the Bonds. Interest shall cease to accrue on any Bonds duly called for prior redemption on the redemption date, if payment thereof has been duly provided. Not more than sixty (60) days or less than thirty (30) days prior to the redemption date, notice of such redemption (i) shall be published in a financial journal published in the Borough of Manhattan, Clty and State of New York, (11) shall be filed with the Bond Registrar, and (iii) shall be mailed, postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they appear on the registration books hereinabove provided for. Such notice shall be dated and shall state (a) the redemption date, (b) the redemption price, (c) the identification and respective principal amount of Bonds to be redeemed, if less than all Bonds are to be redeemed, (d) the place where the Bonds are to be surrendered for payment of the redemption price and (e) that on the redemption date the redemption price will become due and payable under any Bond or portion thereof called for redemption and (II) interest on each such Bond shall cease to accrue from and after such date. In addition to the foregoing notice, further notice shall be given as set out below, but no defect Sn any such notice nor any failure to give all or any portion of any notice shall in any manner defeat the effectiveness of a call for redemption with respect to an Owner as to which notice is given as prescribed above. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (1) the date of original execution and delivery of the Bonds; (11) the rate of interest borne by each Bond being redeemed; (111) the maturity date of each Bond being redeemed; and (iv) any other descriptive information needed to identify accurately the 9onds being redeemed. Each further notice of redemption shall be sent at least 30 days before the redemption date by registered or certified mail or overnight delivery service (at the expense of the addressee) to all registered securities depositories then Sn the business of holding substantial amounts of obligations of types such as the Bonds (such depositories noa being The Depository Trust Company of New York, New York, Midwest Securities Trust Company of Chicago, Illinois, and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Inc.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny 20 ~._. satisfactory indemnity in favor of both the City and the Bond Registrar, complying with such other reasonable regulations and conditions as the Bond Registrar and City may prescribe, and paying such expenses as the City may incur. All Bonds so surrendered shall be cancelled. If any such Bond shall have been matured or De about to mature, instead of issuing a substitute Bond, the Bond Registrar may pay the same, upon compliance with the foregoing conditions and requ irements. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the City, whether or not any lost, stolen or destroyed Bonds are found and shall be entitled to equal and proportionate benefits and rights with all other Bonds issued hereunder as to lien on and source and security for payment from the Pledged Revenues. SECTION 2.07. TEMPORARY BONDS. Until Bondi 1n definitive form of any series are ready for delivery, the City may execute, and upon its request in writing, the Bond Registrar shall authenticate and deliver in lieu of any thereof, and subject to the same provisions, limitations and conditions, one or more printed, lithographed or typewritten Bonds in temporary form, substantially of the tenor of the Bonds hereinbefore described and with appropriate omissions, variations and insertions. The Bonds in temporary form will be Sn such principal amounts as the Clty shall determine. Until exchanged for Bonds Sn definitive form, such Bonds in temporary form shall be entitled to the lien and benefit of this Ordinance. The City shall, without unreasonable delay, prepare, execute and deliver to the Bond Registrar and thereupon, upon the presentation and surrender of the Bonds in temporary form to the Bond Registrar the Bond Registrar shall authenticate and deliver, in exchange therefor, a Bonds of the same maturity, in definitive form in the authorized denominations, and for the same aggregate principal amount, as the Bonds in temporary form surrendered. The expense of such exchange shall be paid by the City and there shall be made no charge therefor to any Registered Owner. SECTION 2.08. BOND ANTICIPATION NOTES. In anticipation of the delivery of the Bonds of any series and receipt of the proceeds thereof, the City may issue Bond Anticipation Notes, in the aggregate principal amount or original issuance not to exceed the aggregate principal amount of such Bonds authorized. Any Bond Anticipation Notes shall be considered to be Subordinate Bonds for the purposes of, and shall be entitled to the benefits and protections of this Ordinance, junior and subordinate to the rights of the Registered Owners of any outstanding Bonds. Provisions regarding the form of such Bond Anticipation Notes and the security for any Bond Anticipation Notes shall be set forth Sn a separate resolution of the Commission adopted at or prior to the time of sale of such Bond Anticipation Notes. 19 N60/ATL1600LM~ transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the City or the Bond Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The Bond Registrar may charge the Registered Owner a sum sufficient to reimburse it for any expenses incurred Sn making any exchange or transfer after the first such exchange or transfer following the initial delivery of the Bonds. The Bond Registrar or the City may also require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Bonds shall be delivered. The City and the Bond Registrar shall not be required (a) to issue, transfer or exchange any Bonds during a period beginning at the opening of business on the 15th day next preceding either any Interest Payment Date or any date of selection of Bonds or parts thereof to be redeemed and ending at the close of business on the Interest Payment Date or day on which the applicable notice of redemption Ss given, or (b) to transfer or exchange any Bonds selected, called or being called for redemption in whole or in part. New Bonds delivered upon any transfer or exchange shall be valid obligations of the rity, evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The City may elect to use a book-entry or immobilization system for issuance and registration of the Bonds, and the details of any such system shall be as fixed by subsequent resolution of the Board adopted prior to the time of issuance of the Bonds. whenever any Bond shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and destroyed by the Bond Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the City. SECTION 2.06. BONDS NUTZLATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Bond Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owners furnishing the Bond Registrar proof of his ownership thereof, furn lshing 18 ~~soien~eoovu~ ,: ;,, - _ SECTION 2.04. EXECUTION OF BONDS. The Bonds shall be executed Sn the name of the City by the Mayor and the City Manager of the Clty, attested by the City Clerk, and approved as to form, sufficiency and correctness by the City Attorney, and its corporate seal of facsimile thereof shall be affixed thereto or reproduced thereon. The signatures of the Mayor, City Manager and City Clerk and City Attorney may be manual or facsimile signatures imprinted or reproduced .thereon. There shall be a Certificate of Authentication of the Bond Registrar on the Bonds, and no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under the provisions of this Ordinance unless such certificate shall have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual oc in facsimile, provided, however, that at least one of the above signatures, including that of the authorized signature for the Bond Registrar, appearing on the Bonds shall be a manual signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as Sf the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the CSty by such person as at the actual time of the execution of such Bond shall hold the proper office Sn the City, although at the date of such Bonds such person may not have held such office or may not have been so authorized. SECTION 2.05. NEGOTIABILITY AND REGISTRATION. The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Plorida, and each successive Registered Owner, in accepting any of said Bonds shall be conclusively deemed to have agreed that the Bonds shall be and have all of the qualities and Sncidents of such negotiable instruments. There shall be a Bond Registrar, who may also be the paying agent for the Bonds, which shall be a bank or trust company located within or without the State of Plorida. The Bond Registrar shall be responsible for maintaining the books for the registration of the transfer and exchange of the Bonds. The City and the Bond Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for transfer, exchange, redemption or payment (if so required by the City or the Bond Registrar) shall be accompanied by a written instrument or instruments of 17 ~~eoiAniwoziu.~ ARTICLE II AUTHORIZATION OF REFUNDING; DESCRIPTION, DETAILS AND FORM OF BOND SECTION 2.01. AUTHORIZATION OF REFUNDING. The Refunding is hereby specifically authorized. SECTION 2.02. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this Ordinance, obligations of the City, to be known as "water and Sewer Refunding Revenue Bonds, Series 1990", are hereby authorized to be issued Sn an aggregate principal amount on original issuance not to exceed FOUr Mllllon Eight Hundred Thousand Dollars (Sa,800,000), for the purpose of financing Refunding Costs. SECTION 2.03. DESCRIPTION OF BONDS. The Series 1990 Bonds shall be numbered; shall be in the denomination or Maturity Amount of 55,000 each or integral multiples thereof; shall be dated as of the date of their delivery or such other date prior to the date of their delivery; shall beat interest at not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not to exceed thirty (30) years from the date thereof, and in such amounts; and shall be issued as Current Interest Paying Bonds, Compounding Interest Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or any combination thereof; all the foregoing as shall be determined by subsequent resolution of the Commission adopted at or prior to the time of sale of the Series 1990 Bonds. The Bonds may be issued all at one time or in installments from time to time. Different installments and series of the Bonds may have such characteristics as shall be provided herein and by subsequent ordinance or resolution of the Commission and shall bear a designation to distinguish such series or installment from other series or installments of the Bonds. The Bonds shall be issued in fully registered form; shall be payable with respect to principal or maturity amount at the office of the Bond Registrar, as paying agent, oc such other paying agent as shall be subsequently determined by the Commission; shall be payable in lawful money of the United States of America; and shall bear interest from their date, or from the most recent date to which interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft mailed to the Registered Owner at his address as it appears upon the books of the Bond Registrar as of 5:00 p.m. Eastern Time on the Record Date, provided that, for any Registered Owner of one million dollars of more in principal amount of Bonds, such payment shall, upon the written request and at the expense of such Registered Owner, be by wire transfer or other medium acceptable to the City and to such Registered Owner. 16 cash, will be sufficient to make timely payments of all presently outstanding principal, Snterest and redemption premium, if any, to be paid from such escrow account in respect to such Refunded Bonds, and all costs associated with the acquisition and subsequent management of such United States Obligations. D. The Pledged Revenues are not now pledged or encumbered in any manner except to the payment of the Refunded Bonds to the extent set forth in the resolutions oc ordinances of the Commission authorizing the issuance of the Refunded Bonds. The pledge of the Pledged Revenues for the benefit of the holders of such bonds will be defeased on or prior to the issuance of the Bonds. E. The principal of and interest on the Bonds and all required sinking fund, reserve and other payments shall be payable solely from the Pledged Revenues as herein provided. Neither the City nor the State of Florida or any political subdivision thereof or governmental authority or body therein shall ever be required to levy ad valorem taxes to pay the principal of and interest on the Bonds or to make any of the required sinking fund, reserve or other payments required by this Ordinance or the Bonds; and such Bonds shall not constitute a lien upon any property owned by oc situated within the corporate territory of the CSty, except as provided herein with respect to the Pledged Revenues. G. The estimated Pledged Revenues will be sufficient to pay all principal of and interest on the Bonds to be issued hereunder, as the same become due, and to make all required sinking fund, reserve or other payments required by this ordinance. SECTION 1.04. ORDINANCE CONSTITUTES CONTRACT. In consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall be the Registered Owners of the same from time to time, this Ordinance shall be deemed to be and shall constitute a contract between the City and such Registered Owners, and the covenants and agreements herein set forth to be performed by the City shall be for the equal benefit, protection, and security of the Registered Owners of any and all such Bonds, all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly provided therein or herein. Additionally this Ordinance shall be deemed to be and shall be a contract between the City and any Credit Facility Issuer providing a Credit Facility with respect to the Bonds. 15 "System" shall mean, collectively, all of the water and sewer systems now owned, operated and maintained by the City, including the Atlantic Beach System, the Buccaneer System, the Oak Harbor System and the City's undivided ownership interest in the Duval Beaches Regional Sewer Utility or any other regional system, together with any and all improvements, extensions and additions thereto hereafter constructed or acquired, together with all lands or Snterest therein, Secluding plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used Sn connection therewith. "Term Bonds" shall mean Compounding Interest Bonds of a stated to mature on one date retirement by operation of the Sinking Fund herein established. the Current Interest Paying or series, all of which shall be and which shall be subject to Bond Amortization Account in the "United States Obligations" shall mean any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America. ^variable Rate Bonds" shall mean Bonds, the interest rate on which is subJ act to adjustment at such times and in such manner as shall be determined by the Commission prior to the sale thereof. SECTION 1.03. FINDINGS. It is hereby ascertained, determined and declared that: A. The City has previously issued the Refunded Bonds, of which S aggregate principal amount is outstanding as of the date~ctment of this Ordinance. B. The City deems it necessary and in its best interest to provide for the refunding of the Refunded Bonds, through the issuance of the Series 1990 Bonds herein authorized. The refunding program herein described will be advantageous to the City by revising certain covenants contained in the proceedings which authorized the Refunded Bonds and permitting the City's systems revenue streams to be combined for debt servicing purposes. C. The funds needed for the refunding as above described shall be derived from the sale of the Series 1990 Bonds herein authorized, and, if necessary, other legally available funds of the City. An amount which, together with the income on the investment thereof, will be sufficient to effect the refunding of the Refunded Bonds, will be deposited in an irrevocable escrow account established for the holders of such Refunded Bonds and invested in United States Obligations. The principal amounts of such United States Obligations, together with the interest earnings thereon, plus any amounts held in 14 zeeoiAn~eoovue S i- rey-.:ire, an amount equal to the lesser of (i) the Maximum Debt Service Requirement for such Bonds, (11) the maximum amount allowed under the provisions of the Code to be funded as a reasonably required reserve from the proceeds of the Series 1990 Bonds o[ Additional Parity Bonds. "S8P shall mean "Standard and Poor's Corporation, 25 Broadway, New York, New York 10004, or any successor thereto. "Serial Bonds" shall mean any Current Interest Paying oc Compounding Interest Bonds for the payment of the principal of which, at the maturity thereof, no fixed mandatory sinking fund or bond redemption deposits are required to be made prior to the 12-month period immediately preceding the stated date of maturity of the such Serial Bonds. ^Series 1990 Bonds" shall mean the water and Sewer Refunding Revenue Bonds, Series 1990, originally authorized and Sssued pursuant to this Ordinance. "Sewer Facilities" means that portion of the Facilities used for the collection, treatment and discharge of wastewater. "Sewer Facilities Percentage" means as fraction having a numerator equal to that portion of the total original principal amount of all Bonds issued hereunder that are attributable to Sewer Pacilities, if any, as shall be determined by the Independent Consultant and as set forth in the Project Certificate relating to such Bonds and a denominator equal to the total original principal amount of all Bonds issued hereunder. "Sewer Generation Charges" means the surcharge for sewer generation required by the Federal Environmental Protection Agency and the Plorida state department of Environmental Regulation levied and collected by the Clty. "Sewer Generation Charges Debt Service Component" means, as of any particular date of calculation, for each series of Bonds additionally secured by Sewer Generation Charges, an amount of Sewer Generation Charges determined by (1) multiplying the aggregate Debt Service Requirement for each such series of Bonds by the Sewer Facilities Percentage, and (11) subtracting from the product so obtained all amounts previously transferred from the Sewer Generation Charges Fund to the Sinking Pund and the Bond Amortization Account therein. "State" shall mean the State of Florida. "Subordinate Bonds" shall mean any obligations issued or incurred by the City and payable from the Pledged Revenues subJect and subordinate to the rights of the Registered Owners of any Bonds issued pursuant to this Ordinance as to security for payment from such Pledged Revenues and in all other respects, in accordance with the provisions of this Ordinance. 13 pursuant to a certain loan agreement among the City and the State of Fiorlda Department of Environmental Regulation and the Division of Bond Finance of the State of Florida Department of General Services, dated as of 1985; Buccaneer Water and Sewer District Revenue Bonds, d~e~ as of June 3, 1985; Oak Harbor water and Sewer District Revenue Bonds, dated as of February 28, 1989. "Refunding" shall mean the program for refinancing all or a portion of the outstanding debt of the City through the issuance of the Series 1990 Bonds authorized by this Ordinance and the deposit of a portion of the proceeds thereof with the Escrow Holder to be applied pursuant to the provisions of the Escrow Deposit Agreement to pay the principal of, premium, Sf any, and interest on the Refunded Bonds, all as recommended to the Clty by its Financial Advisors at or prior to the time of sale of the Series 1990 Bonds. "Refunding Costs" shall mean but shall not necessarily be limited to: the cost of payment of the principal of, premium, Sf specified, and interest on the Refunded Bonds; expenses for estimates of costs and of revenues; the fees of fiscal agents, Financial Advisors and consultants; administrative expenses; the establishment of reasonable reserves for the payment of debt service on the Series 1990 Bonds; discount upon the sale of the Series 1990 Bonds; the expenses and costs of issuance of the Series 1990 Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to the Series 1990 aonds; such other expenses as may be necessary or incidental to the financing authorized by this Ordinance, to the Refunding, and to the accomplishing thereof and reimbursement to the City for any sums expended for the foregoing purposes. "P.egistered Owner" or "Owner" shall mean any person who shall be the owner of any outstanding Bond or Bonds as shown on the registration books maintained by the Bond Registrar. 'Reserve Account Credit Facility" shall mean a surety bond, a policy of insurance, a letter of credit, or other insurance or financial product which provides for payment of amounts equal to all or a portion of the Reserve Account Requirement in the event of an insufficiency of moneys in the Sinking Pund to pay principal of and interest on the Bonds when due, which Reserve Account Credit Facility meets the requirements set forth in Section 3.04 hereof. "Reserve Account Credit Facility Issuer" shall mean an insurance company, bank, or other organization which has provided a Reserve Account Credit Facility in connection with the establishment of a reserve account for any series or installment of Bonds. "Reserve Account Requirement" shall mean, for any series or installment of Bonds or for all Bonds, as the context may 12 3660/6TL1690Z/~A6 ~,-:.. , "Pledged Revenues" shall mean the (1) Net Revenues, (ii) the Capital Facilities Charge Debt Service Component, (111) the Sewer Generation Charge Debt Service Component, and (Sv) until expended and subject to application as provided hereunder, the amounts on deposit in the funds and accounts established hereunder (except the Rebate Fund and, with respect to the Reserve Account, as may be more particularly provided by subsequent resolution of the City establishing separate subaccounts within the Reserve Account for different series or installments of Bonds). "Principal Maturity Date" shall be the stated date on ahich principal matures on Current interest Paying Bonds or on which the Maturity Amount becomes payable on Compounding Interest Bonds. "Project Certificate" shall mean that certificate of the Independent Consultant filed with tha City at or prior to the date of delivery of any series of Bonds and setting forth the estimated total cost of the project to be constructed with the proceeds of such Bonds and, if said series of Bonds Ss additionally secured by Capital Facilities Charges or Sewer Generation Charges, or both, the estimated cost of the Expansion Facilities portion of the Project, the Expansion Percentage, the Annual Capital Pacilities Charges Debt Service Requirement, the Sewec Facilities Percentage, and the Annual Sewer Generation Charges Debt Service Component, as appropriate. with respect to the issuance of a series of Bonds, the purpose of which is to refund pzioc obligations, the proceeds of which prior obligations were use to construct a project, and such Series of Bonds are additionally secured by Capital Facilities Charges, the Project Certificate shall set for the the cost of the Expansion Facilities portion of the project, the Expansion Percentage, and the Annual Capital Facilities Charges Debt Service Requirement, as appropriate. •Rating Agency" shall mean Moody's, S6P, or such other nationally recognized company rating debt obligations of public and private obligors. "Rate Ordinance" shall mean the ordinances incorporating a schedule of rates fees and/or charges to be Imposed for the use of the System or any Facilities. "Record Date" shall mean the fifteenth day of the month prior to an Interest Payment Date, or such other date as may be specified by subsequent resolution of the Commission. "Redemption Date" shall mean any date on which Bonds are called for redemption prioc to maturity. ^Refunded Bonds^ shall mean the following outstanding bonds of the City: A loan from the State of Plorida for the purpose of financing certain wastewater treatment facilities 11 1660/ATLlbbbl/M6 performing such other functions as are specified in this ordinance. "Independent Consultant^ shall mean such firm consisting of or employing registered professional accountants, attorneys, engineers or architects and having favorable repute for the design, maintenance and operation of facilities such as the System, not in the regular employ of the Clty, engaged by the City to perform the tasks set forth to be performed by such independent consultant by the provisions of this Ordinance "Interest Payment Date• shall mean, with respect to any series of Bonds, the semiannual or other periodic dates on which interest is payable on the Current Interest Paying Bonds, as determined by subsequent resolution of the Commission adopted at or prior to the time of issuance of such Bonds. "Maturity Amovnt" with respect to any Compounding Interest Bonds shall mean the value of such Bonds at the stated maturity thereof. "Maximum Debt Service Requirement" shall mean, as of any particular date of calculation, and, with respect to the particular series of Bonds, or all Bonds, as the case may be, the Debt Service Requirement for the then current or any future Bond Year which is greatest in dollar amount. "MOOdy's" means Moody's Investor's Service, Inc., 99 Church Street, New York, New York 10007 or any successor thereto. "Net Revenues" shall mean the Gross Revenues remaining after deduction only of Operating Expenses. "Oak Harbor System^ means that portion of the System acquired by the City from the Oak Harbor Utility Company and serving primarily the Oak Harbor subdivision. "Operating Expenses" shall mean the current expenses, paid or accrued, of operation, maintenance and repair of the System and its Facilities (including the City's proportionate share of joint expenses in a regional system in which the City has an undivided ownership interest) and shall include, without limiting the generality of the foregoing, (i) insurance premiuxis, (11) charges for the accumulation of appropriate reserves not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with generally accepted governmental accounting practices, and (111) the cost of product and sere lees purchased at wholesale by the City for resale to customers of the System in lieu of the production of such product and services by the City directly. "Operating Expenses" shall not include any allowance for depreciation or any other non-cash expenses except to the extent expressly herein provided. 10 of, premium, Sf specified, and interest on the Refunded Bonds as provided in such Escrow Deposit Agreement. "Expansion Facilities^ shall mean additions, extensions and improvements to the System, together with all lands or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the System, whether actual or anticipated, created by new users connecting to the System. "Expansion Percentages shall mean a fraction having a numerator equal to that portion of the total original principal amount of all Bonds issued hereunder that are attributable to Expansion Facilities, if any, as shall be determined by the Independent Consultant and as set forth in the Project Certificate relating to such Bonds and a denominator equal to the total original principal amount of all Bonds issued hereunder. ^Facilities" shall mean all of the physical assets of the System, and all parts thereof, existing at the time of the enactment of this Ordinance, and also any physical assets which may hereafter be added to the System, or any part thereof, by any additions, betterments, extensions, improvements thereto, or property of any kind or nature, real or personal, tangible or intangible, hereafter constructed or acquired. "Financial Advisors^ shall mean Burton 6 Associates and A. G. Edwards 6 Sons, Inc. or Such other financial advisor or advisors employed by the City to assist in Sts financial matters. "Fiscal Year" shall mean the period commencing on October i of each year and ending on the succeeding September 30, or such other period as may be prescribed from time to time as the fiscal year for the City. "Gross Revenues" or "Revenues" shall mean all fees, rentals, connection fees, or other charges oz other income (including income on Investments of moneys in all funds and accounts, except the Project Fund, herein created or authorized, to the extent that such income is required to be deposited into the Revenue Pund herein created, and excluding all Capital Pacilitles Charges and investment earnings thereon), received by the City, or accruing to the City or to any other board or agency of the City in control of the management and operation of said System, all as calculated in accordance with generally accepted governmental accounting practices. "Independent Certified Public Accountant" shall mean such firm of certified public accountants, not in the regular employ of the City, as shall be retained by the City for the purpose of auditing the books and records of the System and 3~eoi.n~eoovu.~ In calculating the Debt Service Regllrement for any period for any series of Bonds or the bonds of any lien status: (A) the City shall deduct from the amounts calculated Sn Subparagraphs (1) through (3) above: (a) any capitalized Snterest deposited Snto the Sinking Fund for such period from the proceeds of the sale of such Bonds or otherwise and (b) any Snvestment earnings to be received on moneys on deposit in the Sinking Fund and accounts therein established with respect to such series of Bonds and required by the terms of this Ordinance-to be retained in such Sinking Fund; (B) the interest due In any ensuing Bond Year on Variable Rate Bonds shall be assumed to be one hundred ten percent (110t) of the greater of (a) the daily average interest rate on such variable Rate Bonds during the twelve (12) months ending with the month preceding the date of calculation, or such shorter period that such variable Rate Bonds shall have been outstanding, oc (b) the rate of interest on such variable Rate Bonds on the date of such calculation; (C)(1) the stated maturity date of any Current interest Paying Term Bonds shall be disregarded and the Amortization Installments applicable to such Current interest Paying Term Bonds in such Bond Year shall be deemed to mature in such Bond Yeer, and (ii) the principal amount of any Current Interest Paying Term Bonds having a single principal maturity and no Amortization Installments therefor shall be calculated as if the amount of such single maturity had been amortized over a term of years and was payable in such payments of principal and interest as shall be set forth in a subsequent resolution of the Board adopted on or prior to the delivery of such Bonds; and (D) the stated maturity date of any Compounding Interest Term Bonds shall be disregarded and the Amortization Installments applicable to such Compounding interest Term Bonds in such Bond Year shall be deemed to mature in such Bond Year. 'Escrow Deposit Agreement" shall mean the agreement(s) between the City and the Escrow Holder, Sn form and substance to be approved by the City at or prior to the time of issuance of the Series 1990 Bonds, and providing for the deposit of a portion of the proceeds of the Series 1990 Bonds Sn trust with the Escrow Holders for the purpose of making payment of the principal, premium, Sf specified, and interest on the Refunded Bonds as provided in such Escrow Deposit Agreement. "escrow Holder" shall mean the bank or trust company, or such other facility as the City may designate, which may be located within or without the State, to be selected by resolution of the Commission prior to the time of issuance of the Series 1990 Bonds, to hold a portion of the proceeds of the sale of the Series 1990 Bonds in trust pursuant to the provisions of the Escrow Deposit Agreement(s), to be applied to pay the principal ,~.:..:. transferred from the Capital Facilities Charges Fund to the Sinking Fund and the Bond Amortization Account therein. "City" shall mean City of Atlantic Beach, Florida, a municipal corporation of the State. "Code" shall mean the internal Revenue Code of 2986, as amended; including, when appropriate, the statutory predecessor of the Code, and all applicable regulations (whether proposed, temporary or final) under that Code and the statutory predecessor of the Code, and any official rulings and judicial determinations under the foregoing applicable to the Bonds. "Commission" shall mean the Clty Commission, as the governing body of the City. 'Compounding Date" with respect to any Compounding compoundedBandsa newlACCreted valve establishedhfor sucheBOnds,is "Compounding Interest Bonds" shall mean Bonds, the interest on which (2) shall be compounded periodically, (2) shall be payable at maturity or redemption prior to maturity, and (3) shall be determined by reference to the Accreted Values. "Credit Facility" shall oranotheroinsurance orcfinanclal insurance, a letter of credit, product which guarant~eni~promft an~eRand f lnterestaon alltornany the principal of, p portion of the Bonds. "Credit Facility Issuer" shall mean an insurance company, bank, or other organization which has provided a Credit Facility in connection with the issuance of any series of Bonds or any Bonds within a series. "Current Interest Paying Bonds" shall mean Bonds, the Interest on which shall be payable on a periodic basis. "Debt Service Requirement" shall mean, for any Bond Year, as applied to the Bonds of any series, the sum of: (1) the amount required to pay the Interest becoming due on the Current Interest Paying Bonds during such Bond Year; (2) the aggregate amount required to pay the principal becoming due on Current interest Paying Bonds for such Bond Year; and (3) the aggregate amount required to pay the Maturity Amount due on any Compounding Interest Bonds maturing in such Bond Year. 7 ~~coiAnmoovu,~ ~:.., . (14) units of participation in the Local Government Surplus Funds Trust Fund established pursuant to Chapter 218, Part IV, Florida Statutes, or any other similar common trust fund which is established pursuant to State law as a legal depository for public money and for which the State Board of Administration of the State acts as the custodian. (15) obligations issued by the Resolution Funding Corporation under the authority of Title 12, United States Code, Section 1441b. "Bond Counsel" shall mean counsel experienced in matters relating to the validity of, and the state and federal income tax treatment of interest on, obligations of states and their political subdivisions as selected by the City. "Bond Registrar" shall mean the person or corporation designated by the City to maintain the registration books required to be maintained hereunder and to serve as paying agent for purposes of making payments of principal of and interest on the Bonds to the Registered Owners. "Bond Year" shall mean, with respect to any series of Bonds, the year commencing on the date following each Principal Maturity Date and ending on the next succeeding Principal Maturity Date. "Bonds" shall mean the Water and Sewer Refundiny Revenue Bonds, Series 1990 (the "Series 1990 Bonds"), and any Additional Parity Bonds hereafter issued pursuant to the terms and conditions of this ordinance. "Buccaneer System" means that portion of the System which the City acquired from the Buccaneer Utility Company. "Capital Facilities Charges" shall mean any fee oc charge levied and collected by the City upon new users of the facilities of the System to finance all or a portion of the cost of excess System capacity, if any, existing at the time of acquisition of the System, or any Facilities comprising a part of the System, or additions, extensions or improvements to the System anticipated to be necessary to replace capacity made or to be made available to lands or pe-sons to be served by the System. "Capital Pacilities Charges Debt Service Component" shall mean, as of any particular date of calculation, for each series of Bonds additionally secured by Capital Facilities Charges, an amount of Capital Facilities Charges determined by (i) multiplying the aggregate Debt Service Requirements for each such series of Bonds by the expansion Percentage, and (2) subtracting from the product so obtained all amounts previously agreements. In addition, the provision of the repurchase agreement shall meet the following additional criteria: (a) the City or a third party acting solely as agent for the City has possession of the repurchase agreement securities and the United States Obligations collateral. (b) failure to maintain the requisite collateral levels will require the City or such third party to liquidate such securities immediately. (c) the City or such third party hereunder has a perfected, first priority security interest in such securities. (d) such securities are free and clear of third- party liens, and in the case of an SIPC broker, were not acquired pursuant to a repurchase or reverse repurchase agreement. (9) Prime commercial paper of a United States corporation, finance company or banking Institution rated at least "P-i" by Moody's and at least "A-1" by S6P. (10) Suchibondssmust be sfully esecured~byia pledge of annual contributions under a contract with the United States government; temporary notes, preliminary loan notes or project notes secured by a requisition or payment agreement with the United States; or state or public agency or municipality obligations rated in the highest rating category by a Rating Agency; (11) 36ares of beneficial interest in an investment fund or trust substantially all of the assets of which are invested Sn obligations described in (1) and (2), above. (12) 4laranteed investment contracts, with United States corporations the debt of which Ss rated by a Rating Agency in one of the two highest rating categories. (13) State pooled investment funds Snvested in one or more of the securities described in paragraphs (1) through (12) of this definition; provided that shares or units of participation in such funds shall be held directly by, or registered in the name of, the City. 5 N{0/ATL16002/UN creditaoftthehstatemeor convnonwealth islpledged and that are rated in the highest Rating Category by a Rating Agency. (6) Interest-bearing demand or time deposits oc interests in money market portfolios issued by state banks or trust ~ companies or national-banking associations and savings and loan associations that ace members of the Federal Deposit Insurance Corporation ('FDIC")• These deposits oc interests must either (a) be continuously and fully insured by PDIC and be with banks that are rated at least P-1 or Aa by Moody's and at least A-lUnited bStates or (b) be fully secured by Obligations or (c) be secured as provided in interestsBareFSecuredSbytUnited StatesdObligatlons such United States Obligations must be valued daily and have a market value at all times at least equal to the principal amount of the deposits or interests. The United States Obligations must be held by the City, or by a Federal Reserve Bank or Dissuingothe depositssordllnterests.thTheiCit}'tshall have a perfected first lien on the UniLandStsuch Obligations serving as collateral, collateral is to be free from all third-party liens. (7) Long-term or medium-term corporate debt guaranteed Sn one ofrtheiritwo highestrratingycategoriespgency (B) Repurchase agreements, the maturities of which are thirty (30) days or less, entered into with financial institutions such as banks or trust companies organized under state law or national banking associations, insurance canpaniea, or government bond dealers reporting to, trading with, and recognized es a primary dealer by, the Federal Reserve Bank of New York and a member of the Secuzity Investors Protection Corporation ("SIPC") ratedthAa deo=lebetierpabyntMOOOldyi s9 andp S6pthatThe repurchase agreement should be in respect of United paragraphbl(Z)tiafs this odefinit ion ands shall be collateralized by United States Obligations the fair market value of which, together with the fair market valexclusive ofhacc rued interest,ashallebe securities, equaldtoaitheanamounttainvested in athenrepurchase )160/~TL36003/M1 ~-. ~: ` _ -:F.> _ (c) Federal Financing Bank. (d) Government National Mortgage Association. (e) Farmers Home Administration. (f) Federal Home Loan Mortgage Company. (g) Pederal Housing Administration. (h) Federal National Mortgage Association (3) Pre-refunded local government obligations rated in the highest rating category by a Rating Agency and meeting the following conditions: (a) the municipal obligations are (1) not to be redeemed prior to maturity oc the trustee oc escrow agreement therefor has been given Srrevocable instructions concerning their calling and redemption and (ii) the issuer of such municipal obligations has covenanted not to redeem such bonds other than as set forth in such instructions. (b) the municipal obligations are secured by cash or direct and general obligations of the United States of America that may be applied only to interest, principal and premium payments of such bonds. (c) the principal of and Interest on such direct and general obligations (plus any cash Sn the escrow fund) are sufficient to meet the liabilities of the municipal obligations. (d) the United States Obligations serving as security for the municipal obligations are held by an escrow agent or trustee. (e) the United States Obligations are not available to satisfy any other claims, including those against the trustee or escrow agent. (4) Direct and general long-term obligations of any state or commonwealth of the United States of America, to the payment of which the full faith and credit of the state or commonwealth is pledged and that are rated in either of the two highest Rating Categories by a Rating Agency. (5) statet ord coommonwealth roftethe oUnited SoStatesaof 3 ~~soien~eeoziue All of such Additional Parity Bonds, regardless of the time or times of their issuance, shall rank equally with other Bonds with respect to their lien on and source and security for payment from the Pledged Revenues without preference of any Bond over any other. "Amortlzatiai Installment" shall mean, with respect to any Term Bonds of a series of .Bonds, the amount of money designated for the Term Bonds of such series and required to be deposited into the Bond Amortization Account aithin the Sinking Fund to pay the principal amount of Term Bonds to be redeemed on the Interest Payment Date or Maturity Date so designated; provided that the aggregate of such installments for each maturity of Term Bonds of any series shall equal the aggregate principal amount (including Compounded Amounts) of each maturity of Term Bonds of such series delivered on original issuance. "Annual Capital Facilities Charges Debt Service Requirement" shall mean for any Bond Year, as applied to the Bonds. of any series additionally secured by capital Facilities Charges, the component of the Debt Service Requirement attributable to the Capital Facilities Charges, initially set forth in the Project Certificate with respect to the issuance of such series and thereafter from time to time as necessary as determined by the City, but limited to the Capital Facilities Charges Debt Service Component for such series of Bonds. "Annual Sewer Generation Charges Debt Service Requirement" shall mean for any Bond Year, as applied to the Bonds of any series additionally secured by Sewer Generation Charges, the component of the Debt Service Requirement attributable to the Sewer Generation Charges, initially set forth in the Project Certificate with respect to the issuance of such series and thereafter from time to time as necessary as determined by the City, but limited to the Sewer Generation Charges Debt Service Component for such series of Bonds. ^Atlantie Beach System" means the water and sewer system of the City serving pr Lnarily the incorporated area of the City. "Authorized Investments" means the following obligations, but only to the extent the moneys to be invested therein may, at the time such investments are made or retained, lawfully be invested therein: (1) United States Obligations. (2) Obligations or portions thereof issued or guaranteed by the following instrumentalities or agencies: (a) Federal Home Loan Bank System. (b) Export-Import Bank of the United States. ~~aoiAniaoovu.~ 4 ORDINANCE NO. IS-90-6 AN ORDINANCE OF THE CITY OF ATLANTIC 9EACH, FLORIDA, PROVIDING FOR TF~ REFUNDING OF CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF THE CITY; PROVIDING FOR THE ISSUANCE OF WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1990, OF THE CITY TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COlAfISSZON OF THE CITY OF ATLANTIC BEACH, FLORIDA: ARTICLE I STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS ORDINANCE. This Ordinance Ss enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. SECTION 1.02. DEFINITIONS. Capitalized terms used in this Ordinance shall have the following meanings, unless the context clearly requires otherwise. words importing singular number shall include the plural number in each case and vice versa, and words of one gender shall be deemed to include the other genders, and words importing persons shall include firms and corporations. In this Ordinance: "Accreted Value" shall mean, with respect to any Compounding Interest Bonds, the amount representing the value of such Bonds as of any semiannual compounding date. "Act" shall mean Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. "Additional Parity Bonds" shall mean any obligations hereafter issued pursuant to the terms and conditions of this Ordinance and payable from the Pledged Revenues on a parity with the aeries 1990 Bonds originally issued hereunder. Such Additional Parity Bonds shall be deemed to have been issued pursuant to this Ordinance the same as the Series 1990 Bonds, and all of the covenants and other provisions of this Ordinance (except as to details of such Additional Parity Bonds inconsistent herewith), shall be for the equal benefit, protection and security of the Registered Owners of the Series 1990 Bonds and the Registered Owners of an}' Additional Parity Bonds evidencing additional obligations subsequently issued within the limitations of and in compliance with this Ordinance. #., f ARTICLE V COVENANTS OF THE CITY; REMEDIES SECTION 5.01. COVENANTS OF THE CITY ............... 31 SECTION 5.02. REMEDIES ............................ 37 ARTICLE VI MISCELLANEOUS PROVISIONS ' SECTION 6.01. SALE OP 1990 BONDS .................. 4C SECTION 6.02. NOTICES TO CREDIT FACILITY ISSUER ... 40 SECTION 6.03. DEFEASANCE .......................... 40 SECTION 6.04. NO RECOURSE ......................... 40 SECTION 6.05. MODIFICATION OR AMENDMENT ........... 40 SECTION 6.06. SEVERABILITY OP INVALID PROVISIONS .. 42 SECTION 6.07. REPEALING CLAUSE .................... 42 I SECTION 6.08. EFFECTIVE DATE ...................... 42 t iR- :;. e s ARTICLE I STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS ORDINANCE ........ 1 SECTION 1.02. DEFINITIONS ......................... 1 14 SECTION 1.03. FINDINGS ............................ 15 SECTION 1.04. ORDINANCE CONSTITUTES CONTRACT •••••• ARTICLE II AUTHORIZATION OP REFUNDING; DESCRIPTION, DETAILS AND FORM OF BOND SECTION 2.01. AUTHORIZATION OF REFUNDING . ......... 16 SECTION 2.02. AUTHORIZATION OF BONDS .... .......... 16 SECTION 2.03. DESCRIPTION OF BONDS ...... .......... 16 17 SECTION 2.04. EXECUTION OF BONDS ..•••••• •••••••••• 17 SECTION 2.05. NEGOTIABILITY AND REGISTRAT ION ... .. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST ............ .......... 18 SECTION 2.07. TEMPORARY BONDS ..... ... .......... 19 19 SECTION 2.08. BOND ANTICIPATION NOTES ... .......... 20 SECTION 2.09. PROVISIONS FOR REDEMPTION . .......... SECTION 2.10. FORM OF BONDS ............. .......... 21 ARTICLE III BONDS NOT GENERAL OBLIGATION OF CITY; PLEDGE OP REVENUES AND APPLIGTION THEREOF SECTION 3.01. BONDS NOT GENERAL OBLIGATION OR 22 INDEBTEDNESS OP CITY . SECTION 3.02. BONDS SECURED HY PLEDGED REVENUES ••• 22 SECTION 3.03 CREATION OP FUNDS AND ACCOUNTS .....• 23 SECTION 3.04. APPLIGTION OP PLEDGED REVENUES ••••• ARTICLE ZV APPLIGTION OF BOND PROCEEDS; REDEMPTION OF OUTSTANDING BONDS SECTION 4.01. APPLIGTION OF BOND PROCEEDS ........ 29 SECTION 4.02. REDEMPTION OF REFUNDED BONDS ........ 30 ~. .._ .~ ~. AUTHORIZING ORDINANCE OF THE CITY COMMISSION OF CITY OF ATLANTIC BEACH, FLORIDA ~ Relating to the issuance of , g city of Atlantic Beach, Florida Wa er an Sewer Refunding Revenue Bonds Series 1990 Enacted 1990 1~ ~.; enables the Underwriter of the Bonds to comply with new federal securities rules regarding distribution of preliminary official statements. Additionally, in order to accomplish the refunding by the most efficient method, an initial subscription to purchase certain United States Government Securities would be made prior to the enactment of the Ordinance. The attached resolution authorizes the City Manager to submit an initial subscription for the escrow securities and to cancel such subscription if the Series 1990 Bonds are not issued. )AW/ATL IOOOS/AU 1. ~ F (, ,: ~f~,,,,n. E~~,.~., k 1..,,y..,~, order to issue the Series 1990 Bonds this year, a special meeting of the Commission will have to be called to adopt the Award Resolution. The special meeting has tentatively been scheduled for December 13, 1990. The closing for the Series 1990 Bonds, assuming favorable action by the Commission un December 10, and on December 13, is tentatively scheduled for December 19-20, 1990. The Ordinance attached hereto provides for the following: o Authorizes the issuance the Series 1990 Bonds to refund the outstanding Oak Marbor System Bonds, the Buccaneer System Bonds and the Atlantic Beach System Loan. o Makes certain findings of fact relating to the refunding and the Issuance of the Bonds, authorizes the refunding and sets forth the description of the Bonds and the provisions for execution and registration for the Bonds. o Expressly states that the Series 1990 Bonds are not general obligations of the City but shall be special, limited obligations and will be secured only by the Pledged Revenues, consisting solely of the combined Net Revenues derived from the operation of the three water and sewer systems (Gross Revenues less operating Expenses), certain impact fees and sewer generation charges. o Provides for the application of the Series 1990 Bond proceeds; makes certain covenants of the City relating to the payment of the Bonds by the City, including, but not limited to, a covenant regarding water and sewer rates; and provides for the remedies of the Registered Owners in the event of a default by the City. o Provides for the Series 1990 Bonds to be issued, sold and delivered as provided by applicable law; and allows future modifications or amendments to the Ordinance or any supplemental ordinance thereto without the consent of bondholders under certain conditions. The form of bond is attached to the Ordinance as Exhibit A. Proposed Resolution. A resolution has been prepared and submitted for adoption on November 26, 1990 after the first reading of the Ordinance, which authorizes the City Manager to take certain actions in anticipation of the issuance of the Series 1990 Honds. in order to market and issue the Series 1990 Bonds this year, certain preliminary actions will have to be taken prior to the enactment of the Ordinance. The attached resolution authorizes the City Manager to proceed with the financing transaction and ]twl~n.~sooz/~o x._~, _ ~y~. ~~~ s 1~,"y..a, MEMORANDUM TO: Mayor and City Commissioners City of Atlantic BeAAach, Florida FROM: Robert 0. Freeman rr~ Squire, Sanders s Dempsey DATE: November 20, 1990 RE: Summary of Proposed Ordinance and Resolution Relating to City of Atlantic Beach, Florida - Water and Sewer Refunding Revenue Bonds, Series 1990 Background The City previously issued its Buccaneer water and Sewer District Revenue Bonds, dated as of June 3, 1985 (the "Buccaneer System Bonds"); Oak Harbor water and Sewer District Revenue Bonds dated as of February 28, 1989 (the "Oak Harbor System Bonds"); and entered Snto a Loan Agreement with the State of Florida secured by a pledge of the revenues of the Atlantic 3each water and sewer system (the "Atlantic Beach System Loan"). Proposed Action Proposed Ordinance. An ordinance has been prepared and is herewith submitted for first reading on November 26, 1990. The second reading and public 6earing should be scheduled for December 10, 1990. The ordinance authorizes the refunding of the prior outstanding water and sewer debt of the City mentioned above throuyh the issuance of the City's water and Sewer Refunding Bonds, Series 1990 (the "Series 1990 Bonds'). The Series 1990 Bonds will be secured by the combined revenues of all three water and sewer systems, as well as certain impact fees and sewer generation charges. The specific terms of the Series 1990 Bonds, including interest rates, date, redemption provisions and maturities will be set forth in a resolution of award (the "Award Resolution') to be adopted once those terms have been determined. The Award Resolution will be adopted after the Ordinance is enacted. In CITY OF ~tYartle ~taelc - ~letG[a ~rsalu#ian No. 90-20 WHEREAS, the Fleet Reserve Association is based on the three cardinal principals of Loyalty, Protection and Service, and WHEREAS, the Fleet Reserve Association, Branch 290, of Atlantic Beach, Florida, vas chartered on May 23, 1963; the Ladies Auxiliary of Fleet Reserve Branch 290 vas chartered on September 23, 1963, and WHEREAS, Flee[ Reserve Association Branch 290 is [he only such association in the United States that boards a Navy ship for the purpose of casting memorial wreaths on the ocean in observance of Pearl Harbor Day, and includes Pearl Harbor survivors in this ceremony, and WHEREAS, Fleet Reserve Association Branch 290 Will be celebrating its twenty-fifth anniversary of hosting Memorial Day Services on Priday, Decembez 7, 1990, to honor chose who died in the Japanese attack on Pearl Harbor on December 7, 1941, [he forty-Winch anniversary of American's entry inco World War II. NOW, THEREFORE, BE IT RESOLVED that the City Commission of [he City of Atlantic Beach does hereby express its appreciation for the patriotic contributions of Flee[ Reserve Association Branch 290 and [he service rendered by [hat organization to this community. ADOPTED BY THE CITY CONHISSIO OF ATLANTIC BEACH [his 26th day of November, 1990. ~ , ~, ~ `I _ r~ / Coak, Commissioner Glenn A. Edwards, Commissioner Adelaide R. Tucker,~~~~C//o®issloner LlG ~ 7'/"~vc o n W. Weldon, Commissioner City are each hereby authorized to determine and to certify or otherwise represent when such preliminary official statement shall be "deemed final" by the City as of its date (except for permitted omissions), in accordance with such Rule. SECTION 4. ESCROW SECURITIES SUBSCRIPTION. In older to facilitate the issuance of the Bonds during the 1990 calendar year, the Clty Manager is hereby authorized to submit an initial subscription for certain United States Treasury Certificates of Indebtedness, Notes or Bonds, State and Local Government Series, in order to timely fund an escrow fund pursuant to the refunding plan to be implemented by the issuance of the Bonds. In the event that the Bonds are not issued the City Manager is hereby authorized to cancel said subscription. ;~,. SECTION 5. INTENT OF RESOLUTION. This resolution 15 intended to authorize the City Manager to take such steps as he deems necessary in connection with the preparation and distribution of the preliminary official statement; provided, however, this resolution shall not be deemed in any way to obligate the Clty to authorize, sell or deliver the Bonds. SECTION 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of November, 1990, at a regular meeting duly called and hTd. (SEAL) CITY OF ATLANTIC BEACH, FLORIDA Attest: By Mayor/Presl ing O cer. By C y C er C y Manager Approved as to form, sufficiency and correctness: c y A orney R!0/~rG 1003/MO - 2 - RESOLUTION NO. 90-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OF THE CITY TO ASSIST IN THE PREPARATION OF THE PRELIMINARY AND FINAL OFFICIAL STATEMENTS IN ORDER TO COMPLY WITH RULE i5c2-12 UNDER THE SECURITIES EXCHANGE ACT OF 1934 AND TO SUBMIT AN INITIAL SUBSCRIPTION TO THE FEDERAL RESERVE BANK FOR ESCROW FUND SECURITIES, IN CONNECTION WITH THE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1990, PROPOSED TO BE ISSUED ON OA ABOUT DECEMBER 20, 1990; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BRACH, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 166, Part Ii, Florida Statutes (the "Act"), and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined, and declared as follows: A. The City of Atlantic Beach, Florida (the "City"), has heretofore, by action taken by the City Commission on October 22, 1990, found it necessary and desirable to refund certain obligations of the City by the proposed issuance of Water and Sewer Refunding Revenue Bonds, Series 1990 (the "Bonds"). / B. It is necessary and in the best interests of the City that the City Manager of the City assist Sn the preparation of the Preliminary and Final Official Statements in connection with the offering and sale of such Bonds. C. In order to enable the City's Underwriters for the Honds to comply with Rule 15c2-12 under the Securities Exchange Act of 1934, as amended (the "Rule"), in connection with the offering and sale of the Bonds, it is necessary that the Preliminary Official Statement be "deemed final" (except for permitted omissions) in accordance with SEC Rule 19c2-12. SECTION 3. PRELIMINARY OFFICIAL STATEMENT. The City Manager of the City is hereby authorized and directed to assist in the preparation of a preliminary official statement for the Bonds and the distribution thereof. Any preliminary official statement distributed on behalf of the City to prospective bidders for the Honds shall be sufficient to be, and shall be, ^deemed final" (except for permitted omissions) in accordance with SEC Rule i5c2-12. The City Manager and the Mayor of the PASSED by the C1[y Commission of Atlantic Beach, Florida, this day of October, 1990. Nilliam I. Gulliford, Jr. Hayor, Presiding Officer Approved ae [o form and correctness: Alan C. Jensen, Cicy Attorney ATTEST: Maureen King, City Clerk lBSOLOLIOB 190.18 6BSOI.OYIOB OP SOPFORT FOR FIII.I. PAYYICIPATIOP OP 6!D•3ICAR IIIDOSiHY IH YHE PROPISI06 OP SII.EIXI!/IONICA- ST095 BQIIIP!ffiIL AIID SiZFICE i '. mpFmwc, more competition in the telephone equipment marketplace will benefit cities through lover prices, and YBP38AS, alloying the Bell Operating Companies [o manufacture telephone equipment may increase domestic jobs in our cities, and Y0P3BAS, freeing the Bell Operating Companies from the information services restrictions will increase the availability of nev and innovative services to serve oui citizens, and mmssy_s, permitting the Bell Operating Companies to provide a full-range of information services will increase the availability of educational resources via communications for the schools in our counties. NOA, TBEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: Section 1. That the Congress carefully study the impact of nev technologies while updating the national telecommunications policy. Section 2. That Congress pass legislation [hat would lift the restrictions on [he Bell Operating Companies in manufacturing and information services, with proper safeguards to ensure fair and open competition ca all. Section 3. That Congress give particular attention to the impact of the lifting of restrictions on Snformation services providers, including the cable television industry. Section 4. That this resolution be sent [o Congressman Bennett and Plorida's U. S. Senators signed by the appropriate respresentat Ives of cheCity of Atlantic Beach, Florida Page Four Minutes of Special Commission Heeling November l9, 1990 hake any back payneata; and ask that they furnish the city with a report on a aonthly basis so [his error rill no[ be nude again. The ~otioa vas seconded by Comadsaioner '1Wcker and ras unanimously approved. C. Discussion and action relative to ao EPA Covaeat Order Bob Kosoy explained City personnel had negotiated a reduction in [he penalty assessed in the EPA Consent Order, said penalty nor being $22,000.00. It vas his recommendaclon the city authorize payment. Co~iseiwez Yeldoa coved that the Mayor and City Manager be authorised to sign the Consent Order and to arrange for payment by city check. The notion ras seeonded by Commissioner Cook and ras uaa..1N•sly approved. 3. My other business: Commissioner Beldon asked rhether a designee [o [he Tree Board had been appointed. The City Manager responded chat he would like Co defer making a decision on this matter until after the new Community Develapmen[ Director reported for work on December 3. Commissioner Fieldon reported [here were font dead palm trees on Community Presbyterian Church property and i[ was generally agreed i[ should not be necessary to get a permit to remove dead trees. * * * * * * * k * # # Mayor Gulliford shared some inf orma [ion he had received regarding a mechanized compost turner which he said the Regional Solid Haste Committee had teen considering. * * * * * * * * * * * * * There being no further business to come before the City Commission, the Mayor declared the meeting ad,j ourned at 8:55 PM. HI11Iam I. Gulliford, 7r. Mayor/Presiding Officer A T T E S T: Maureen Ring, Ci[y Clerk Page Three Minutes of Special Co®iss ion Meeting November 19, 1990 vas •~^s^iw.aly approved. Sandra Hackett, 265 Camelia Street, said water and sewer lines were exposed in [he 4-foot ditch in front of her home. These lines would still be exposed after Che shallowing procedures had been undertaken. She said she vas concerned about possible damage during a freeze. Mr. Layton responded [hac some services had been installed too shallow and these would be lowered as part of the project and the culvert under [he driveway would also be adjusted. Rosales Bryant, 162 Camelia Street, said she wished [o culvert the entire front property line of her property. Hr. Howell explained the city would install a 20-foot culvert for the driveway and the additional 30-feet could be culver[ed at her expense. Ms. Bryant should contact City Hall and pay for the required culvert aC ;11.50 per foot and the contractor would [hen be instructed Co install the culvert while he is working in [he area. Jayne Bennett, 280 Camelia Street, provided a hand-out relative to [he development of Camelia Street and Mayor Gulliford responded [o [he questions posed. Hr. Layton said they would direct the contractor to begin the work on culvert revisions on Camelia Screet and invited Commissioners [o drive through the area to rev iev [he changes. Mr. Layton reported paving of Jasmine and Camelia Streets south of Wes[ Fourceenth Screet had been deleted from the project when the landfill had been discovered. I[ has since been found thac the fill material has decomposed and chess streets have been again inc Luded in the project and a Change Order in [his regard would be presented for approval. B Dfacusaion and action relative to a billing error by Jacksonville Electric Authority Finance Director Royal explained JEA had coded the off-base Navy houe ing as being in Atlantic Beach and for a period of about seven years had collected franchise fees in the amount of 3235,509.00 from the Navy and these fees had been remitted to [he city. JEA has requested that [his money be reimbursed so it can be refunded [o the Navy. Mayor Gulliford cited a passage in Ordinance Fo. 40-74-7 which seemed to indicate the city could not be held liable for such errors. It vas pointed out that if JEA had provided a breakdown of the accounts from which [he fees had been collected the city would have been aware of the situation and could have prevented [he error. After further discussion, Coa~isaioae= Yeldau awed to autborFze the City Attorney to inforf SEA oe regret the dstake tbey have aade and are willing that it should be corrected u of this current date; tba[ the city does no[ propose to ,n._ . Page Lwo Minutes of Special Commission Meeting November l9, 1990 all parties involved and which would no[ result in additional cos[ [o the city. * * * * * * * * * * * * * Mayor Gulliford presented a letter he had received from Jacksonville Beath Pop Warner Football Association requesting a donation of S1, 000 to help send members [o F[. Myers to compete in [he Southeast Regional Championships. Commissioner Weldon moved to respond rit6 congratula- tioma but to ezplala that city policy prohibited making a ffnaadal comtribution. The motion was seconded by Commissioner Tucker esb was approved onaniaously. The Ci[y A[[orney vas directed to draft a Resolution [o formalize [he policy which had been established. * * k * * * * * * * * * William Layton reported a price of $II.50 per foot had been established for driveway culverts in Section H. In commercial areas the driveways were wide and close together and he recommended substituting Miami curb and gutter in developed commercial areas for the first half block off Mayport Road. This would cos[ about $2,100 per street for about seven streets which, he felt, would represent a small savings to the city. Discussion ensued regarding installing curbs and gutters in [he entire first block but Mr. Layton said because of the length of the streets, two catch basins would need to be installed a[ mid block for the collection of storm water and this would result in additional cost. Af [e: further discussion, in which Hr. Novell expressed [he opinion [his vas the most practical and economical solution and it vas determined [he changes would not require any permit amendments, Comaissioner Yeldon moved to anthorize the engineers to proceed with foatallatioa of curb amd gutter in the seven streets as recommended 6y Mr. layton. The motive vas aecomded by Coaaissioner Caok and vas unanimously approved. (Change Orders will be presented for Ci[y Commission approval at a later date.) Mr. Layton reported Mr. Brown of the St. Johns River Water Management Distriet had visited the project and had authorized revisions to the swales to allot [hem to be shallower and less steep. Mr. Layton said they rould plan to start the stales no deeper than 18-inches and would try to limit the depth to no more than 30-inches at the deepest end. These changes will not require modifications to the permit and will be indicated on the as-builts. After further discussion Commieaioner Yeldon moved that in the absence of any objection fro Public Services Director Bob [oeoy, and oo approval of Proj ec[ Manager Billy Rowell, the City Comalnsion accept the recommendation of Mr. Iaytos avd authorise shalloving of [he evalea ae approved by the S[_ Johns lover Water Naoagemmt Distriet. The motion vas seconded by Commisaiooer Tucker a~ NINOTES OF THE SPECIAL. NEEiING OF ATLANTIC BEACB CITY COIQLISSION it©.D AS 7_IS Pri ON MONDAY, NOVI]tBER 19, 1990, IN GITT BALL, ATLANTIC BEACH The meeting vas called to order by Mayor Gulliford. Present, in addition to the riayor, were Commissioners Cook, Tucker and Ne ldon. Also present were Cicy Manager Leinbach, CI[y Attorney Jensen and City Clerk King. Commissioner Edwards vas out of [own and vas excused. .______. ._ ~e.._e~se rn,...e. order t18 in [he amount of ;6,518.67 Billy Howell explained when [he original plans were drawn it vas not realized the eater services would be locaeed in the drainage svales. I[ vas necessary to extend these water services about five feet to bring them up to the property lines, resulting in the additional cos[. Comafsaioaer Cook moved and Comaissioner Neldon seconded approval of Change Order No. 23. Mayor Gulliford inquired whether Chis problem could be attributed [o an error in design. William Layton, the Project Engineer, said his firm had been instructed [o leave the service lines five feet off the property line and the city would ez[end Che lines when meters were installed. The question vas called and the motion carried umnimously. Attorney Paml P.akin addressed the City Commission on behalf of Mr. S rite. Ira Bratcher, relative to modifications to the design for drainage Sn the vicinity of property the Bratchers own in Section H. Mr. Eakin said the modifications previously requested for Ninth Street and Camelia Scree[ had now been deleted from chat request for further consideration. Be said he had received engineering plans from Buck Snelliegs of Connelly and Wicker Engineers but indicated that Hr. Spellings vas 111 and could no[ be in attendance to respond to questions. He also had received a letter from Mr. Ralph Brain of the St. Johns River Water Management District indicating [he concept vas deemed acceptable to the District but that final approval would be pending District staff review of the calcu7 scions and plans submitted. riayor Gulliford said he felt [his matter could be handled administra- tively and after further discussion the City Commission authorized the City Manager, City Attorney, Billy Novell, William Layton, Paul Eakin, and Ira Bratcher, to negotiate an agreement which would be acceptable to Billy Novell, Section H Proj etc Hanager, explained an easement had not been granted on this portion of Stocks Street and svales and pavement had been deleted resulting in a project cost reduction of ;6,518.67. Co~fasioaer Neldon moved to approve Change Order Bo. 18. The motive vas seeovded by Coeisaiover sucker and vas unmlmously approved. ~.. PAGE FI FCEEN MINUTES NOVEMBER 12, 1990 diatussed a[ [his meeting and he wondered why [hey were no[ on the agenda. Mayor Gulliford stated the items had been handled and did aot need to appear on the agenda. Coa~iaefomer Cook also questioned why the 16th Street crossover vas not on the agenda. Mayor Gulliford stated that item did not appear because [hey had not received all the information thac had been requested and that item would be deferred until the next meeting. Cm~iasioaer Yeldon complemented [he Mayor on [he auttesa of the Pops in the Park program. Ne asked why the chipper which vas purchased by [he Public Yorks Department a while ago vas no[ being used. Mr. Bosoy stated [he Public Yorks Department vas short two men and it vas his Intention [o hire two men Co operate the chipper. Mayor Galliford complemented Bose Blanchard and Adelaide ticker on [he fine job they did preparing for the Pops in the Park. Ne said there vas somewhere between 1500 and 2000 people in [he park for the concert. There being no further business [o come before [he City Commission, [he Mayor declared the meeting adjourned at 10:45 PM. Yil Liam I. Gulliford, Jr. Mayor/Pres id in8 Officer A T T E S T: Karen S. Moore, Acting City Clerk NAME OF COMMAS. M S V Y V N c PACE FOURTEEN MINUTES NOVEMBER l2 1990 meeting the DER and EPA deadline. Ne said if [he city waited and put i[ out for bid, there could be a DER inspection and fines associated with [hose inspections. Commission Copk felt by going out for bid you are doing away with any perceptions of any wrong doing. lotion: Accept bids on the residual chlorine monitor for tbe Aclsacic Beach YNiP the motion died for a lack of a second. Notion: io approve the purchase of a residual chlorine monitor for the Atlantic Beach YYTP for ib,643 ou an emergency basis In discussion before the vote, Mayor Gulliford stated in the future the commission would prefer to go out [o bid as much as possible. The question vas called and passed on a 4 - I voce with Commissioner Cook voting nay. H. Discussion and related action relative to the supplemental atthorizatiam for Gee 6 Jensen, Inc., co prepare a revised response [o [he Florida Department of Community Affairs regarding the content of the City Comprehensive Plea Mayor Gulliford stated [his vas [o authorize an additional expenditure of 53,800 Co prepare a revised response of the Comprehensive Plan. Notion: Authorize the Mayor to sign [he supplemental authorization in the amomt of 53,800 for Gee d Jwsw, Inc. to prepare a revised response to the Florida Department of Community Affairs regarding the content of the CS[y Comprehensive Plan No discussion before the voce. The motion carried unanimously. 9. City Manager reports a~/or rrespoadence• None 10. Mayor co ull w City Co~isafoners City Attorn y eyd City Clerk. Co~lasioper Cook pointed out that in the minutes of the last commission meeting, [here were a number of items thac would be NAME OF COMMFLS. M S V Y ~V N Cook z Coot z Pdwards z z Tucker z Yeldoo z a Gulliford z Cook z z Bdvards z ticker z z Yeldon z Gulliford z PAGE THIRTEEN MINUTES _ NOVEMBER 12, 1990 account and the request vas a fee not to ezc eed ;3,900 to finish the work. Motion: Approve the a~endaent of the profeasio¢al services contract with Orban Planning Services for work related Co [be iRleae¢tatio¢ of [he CDBC gran[ in [be Donner Subdivision No discussion before the vote. The motion carried unanimously. J. D18c¢eaion a~ request for approval for payaent of ;2,600 to P1reC Cosst Emironnen[al Laboratory for eater teat at the Buccaneer PLmt lotion: Approve for payaent of ;2,600 to Picst Coast Enviro0ental Laboratory for eater test at the Buccaneer Plant No discussion before [he vote. The motion carried unanimously. B. Diacuesio¢ and related action relative to Pascal Year 1990/91 audit Narry Royal stated Chis vas an engagement letter for the second year on a three year contract with the Purvis, Gray S Company.He said the fees for this year s audit vas ;15,000 as apposed [o ;14,000 for last year. lotion: To engage the services of Purvis, Gray i Company for [be second year in [be mount of ;15,000. No discussion before the vote. The motion carried unanimously. L. Approval of pnrchase of total residual chlorine axmitor for the Atlantic Bead YfRP for ;6,663 Mr. Kosoy stated Chia item vas for the purchase of a Series 5100 total residual chlorine monitor. Both the DER and EPA permit require the Atlantic Beach Plant to have continuous chlorine plan[ recorders. He said the city received ve rbai approval from the EPA to wait until after the start of the budget year to purchase the chlorine monitors and [he city must make every effort to meet Che extended deadline. Commissioners Edwards and Cook Snquired if this icem should have been put out fot bid. Mr. Kosoy stated there vas a problem with NAME OF COMMBS. M S Y Y Y N Cook z Edwards z z Tucker z z Yeldw z Gulliford z Cook z Edvarde z ticker z z Yeldon : z Gulliford I z Cook z Edrarda z z ticker z z Yeldon z G¢lliford z PAGE. TWELVE. NIN07'ES NOVENtSER 12, 1990 B. Ordinance No. 80-90,4 - Firs[ Heading AlD) OBDINANCE AMEID)ZNG 1'flE CODE OF ORDINANCES OP THE CITY OP ATLANTIC BEACH, ANEtIDING CHAPTER 22, UTILITIES, ADDING UIIDER ARTICLE IV A SECTION TO ESTABLISH STOBMYATER MANAGE!ffifT OTILITY 6ATPS, TO PROVIDE GENERAL PROVISIONS, DEFINE FEE CATEGOHIBS, PSTABLISN A FBE SCHEOOLE, SET ENFORC@fltNl' AHD PENALTY PBOCEDORPS, ESTAELISfl AN APPEAL PROCESS, DEFINE SEVEBABILITY, AND PROVIDING AN BPPF.CTIVE DAIR. Mayor Gull iford int rodueed in full, in vri[ing, Ordinance No. 80-90-44 on first reading. i lbtioa: Approve passage of Ordinance No. 80-90-44 oa Eirat reading a~ set public 6eariag for December 10, 1990 i No discussion before the vote. On a roll call vote, the motion carried on a 3 - 2 vote with Commissions Cook and Weldon voting nay. G. Public hearing for ^Oae by Ezception^ filed by the Naval Cont£rniag Care Hetireaent Pomda[ioa, Iac. for the sale and use of alcoholic beverages at the Pleet Landing develop eat. The Mayor opened the floor for a public hearing and inviced co®ents from the audience. Since no one spoke Eor or against the matter [he Mayor declared the public hearing closed. i Motion: Approve Use by Ezception filed by the Naval Continuing Care He[ireaent Poundation, Inc., for for the sale and use of alcoholic beverages at Pleet Landing development. No discussion before [he voce. The motion carried unanimously. N. Bequest to approve a list of items to be declared surplus Notfom: Approve a list of iteam to be declared surplus No discussion before [he vote. The motion carried unanimously. I. Discussion and related action regarding the amendment mf the profeasiaual services eootraet with Orban PLvm,ing Services for wort related to the f~lemea[atioa of the CDHG great in the Do®er Subdivision Mayor Gulliford stated Ch is item vas recommended by Tom Boyles before his departure. There vas a balance of 59,500 left in the NAME OF COMMRS. M S V Y V N Cook z Edwards z ticker z Neldon z Gulliford z Cook Edrards ticker Yeldoa Culliford Cook Edwards ticker Yeldoa Gulliford PAGE ELEVEN MINUTES HOV EMBER 12, 1990 facilities tan meet future demands as yell as being put back into condition so [he existing facilities tan have [heir lives lengthened. Robert Freeman presented [he with a timetable for the Water and Sever Refunding Revenue Bonds. He seated that the timetable had been developed on the Financial Advisors recommendation that it would be in the city's best interest to close the bond issue before the end of the year. He also briefly vent over the proposed ordinance which related to the issuance of the Water and Sever Refunding Revenue Bonds Series 1990. 7. Actin on Ordinmeea: A. Ordinance Ho. BO-90-43 - Pirst Beading AH OBDIIIANCE Ai~DBG TBE CODF OP OBDT"~°^OC OP SHE CITI OP ASLANiIC BBACH, A!®IHG CBAPSBH 22, DfILIYIES, ADDING HEfI ABSICLE TO SO BSSABLISH A STOBNNATEB NANAG@~fT O7ILISY PBOGBAM TO PBDVIDE GBHFBAL PBOVISIOIIS, DBPINF SHE COSSCBH:B BASE. CBEATF AN HIfEBPHISF p01H1, pBOPIDF P06 BILLING AHD COLLECTION, DEPIPE SE9EBABLLITI, PROVIDING M EPPF.CCIPE DASE. Hayor Gu lliford introduced Ordinance No. 89-90-43 in full, in writing, on first reading. He stated for the record chat if passed this would be a drainage tax. It vas agreed that information on the tax should be included in the December issue of the city newsletter. Notion: Approve passage of Ordimnce No. NO-90-43 0o first reading and set public hearing for December 10, 1990 In discussion before [he vote Jim Scholl, representative with CH2M Hill, gave a brief explanations on the ordinance. He stated the DER vas proposing to adopt additional s[ormvater requirements which would be more significant than proposed by the EPA. The DER vas looking at requiring existing systems to retrofit and provide treatment [o reduce lOS of the pollutant modes by 1995 and an additional 302 by the year 2000. He stated this program vas a legislative initiative that vas passed in 1989 and DER vas responding to directions from the legislature. As a result there would be additional requirements beyond the St. Johns Water Management District requirements for new the systems. On a roll call vote, the motion carried 3 - 2 with Commissioners Cook and Weldon voting nay. NAME OF COMMAS. M S ~ Y ~ N Cook x Pdward : z Tucker z Weldon a Gulliford x : PACE TEN MI NOTES NOVEMBER 12 1990 vhith were shown on schedule 3. Mr. Burton said the city vas looking a[ a ;9.8 villion capltal improvement program vh ich he believes can be funded with Che Cwo ;5 million new money issues. He stated [he net impact of this program was to issue the refunding bonds by the end of the year. This would require no race increase, because the total deb[ service on the bonds today was 3680,000. The deb[ service on the refunding bonds vas going to be about {380,000 per year. When the new money bonds are issued next year, there would be another component of debt service which would come into the equation. He seated that by February 1st, [here muse be new rates in place [o cover [he deb[ service for the new money issued. Heyor Gulllford asked whether this program would an[iclpace any kind of contribution out of [he utility operation into [he General Pund. Hr. Burton stated it included all of the interfund transfers that were budgeted for and have experienced historically and they had projected that into the future. Bill Armencrou[ reported to [he Commission on [he Capital Improvement Assessment par[ of the plan. He presented the commission vi [h a summary of the capital projects which would be funded by the new money issues that Hr. Burton addressed earlier. Ne stated there were ;12.6 million dollars worth of capital projects which needed to be undertaken during the next 5 years [o bring the systems up [o a point where [hey would adequately serve the customers. Some of [he programs the city had entered into were mandated or required as conditions of consent orders. Others such as expansion of [he Buccaneer treatment plants by a half a million gallons a day would provide the capacity needed now [o meet commitments that have been made and also give a cushion for growth within [he system so it would continue [o generate revenue. There vas also talk of rehabilicat ing the waste eater collection systems in Oak Harbor and ultlmace ly Buccaneer [o reduce [he amount of infiltration and inflow in the system and gain capacity. fle stated in the area of the eater system, [here vas approximately 5560,000 of capital prof acts required to comply with the DER consent order [hat vas entered into at the beginning of the year. Additional rehabilitation and expansion of the two Ac lantic Beach plants which vas a project that vas bid a couple of years ago would still need to be undertaken. Md additionally, at least the firs[ phase of consolidation of Che Buccaneer and Atlantic Beach systems needed [o be constructed. The reason for the program vas Co provide immediate capacity in order for [he systems [o continue growth, to rehabilitate the collection systems, [he eater dis[tibution, water treatment and supply systems so [hose NAME OF COMMRS. M S V Y V N PACE NINE MINUTES NOVETIBER 12, 1990 Motion: Accept the recca•cndation of [he Awards Ca~i[tee and award bid for Major Sever Rehabilitation parts C, D, E and F to Johniioody, Inc., in the aawnt of ;542,609.50 Mayor Gulliford complemented Bob Kosoy for the fine work he did on [his project saying it had saved the city about ;100,000 by re-bidding [he prof ec[. The question vas called and the motion carried unanimously. D. Chaiz~en of the Avarda Committee, Co~isaioner Edwards, with a report a~ recoanendatioa relative to Caavnity Developaent Block Gant-Housing bid (8990-23R Co®issioner Edwards reported four bids had been received for the Housing Rehabilitation on two homes on Jackson Road and Ardella Road. The committee, after reviewing the bids, recommended to accept the bid from Staco of Jacksonville as the lowest responsible bidder in [he amount of ;28.760.00. lotion: Aecept the reco~eadation of the Awards Coa.ittee and award bid for Rousing Rehabilitation to Staco of Jacksonville in the assent of ;28,760.00 No discussion before the vote. The motion carried unanimously 5. Aetion n Resolution: A. Request approval of Besolutin /90-18 urging Cngress to adopt legislation to reapve [he restrictions i~osed upn the Bell Operating Co~aniea A[ the Mayor's request, action on Resolution No. 90-16 vas deferred until the next City Commission meeting. ' 6. Old Businese• A. DSacsasion and related action regarding refunding of City debt Mike Burton, Financial Advisor, reported to the on the rate study he was preparing to the Comission. Ne presented the with a schedule shoving t},e rate requirements chat were necessary for the funding plan. Be stated [he funding plan vas to refund the existing water and sever dead issues before the end of [he year in order [o Clear up the revenue pledge. The next part of [he plan was [o issue another bond issue in [he firs[ part of [he next calendar year, Pebruary or March of 1991, in order to fund the capital improvement program. Mr. Burton proposed another ;5 million issue in the firs[ part of 1992 [o fund the balance of the capital improvement requirements NAME OF COMMAS. M S V Y V N 0o z Edwards : ticker z Yeldn z Gulliford z Cook z Edwards : 1Lcker : Yeldn x Gulliford z __ __, _ . PAGE EIGHT HINUTES NOVEMBER l2, 1990 C. Discussion sad related action o¢ a request by BBR [o increase [heir bill not to exeed ;5,000 for ti>te aad aaterfal relative to wales to Section e Billy Howell stated this Stem vas related to additional expenses that would be brought about for Cime and materials relative to [he svales in Section B with the maximum not to exceed ;5,000. Motion: Approve the request by B84 to increase Cheir bill no[ [o exceed ;5,000 for ti>.e and aaterfals relative [o wales to Section H No discussion before the vote. The question vas called and passed on a 4-1 vote with Commissior. Yeldon voting nay. D. Diseuseion a~ related actiou relative to ezteoding the construction observation contract of BHR for an additional 100 days at a coat of ;22,880 Preston Doub stated this vas in response to the contractors extension of 100 days to complete construction of the Section N project. He said Chey needed [o extend [heir tonstruc[Son observation contract to cover [hose additional 100 calendar days. Motion: Approve extending the construction observation canto[[ of BBB for an additional 100 days a[ a cost of ;22,880 No discussion before the vote. The question vas called and passed oa a 4-1 vote with Commission Yeldon voting nay. 4. Committee Bcporca- A. Chair of the Ararda Coaaittee, Co~isaioner Rdvards, with a report ad reeo~endation relative to Mayor Sever Bebab, parts C, D, B a~ P Co®iasion Edvarda reported four bids had been received for the Major Sewer Rehabilitation of Sections C, D, E, and F of [he sever plant. The co®ittee reviewed all bids and recommended John-Yoody, Incorporated as loves[ and besc bidder in the amount of ;542,609.50. NAME OF COMMAS. M S v Y ~ N Cook Pdvazda Tueker Yeldon Gulliford Coot Edrards Tucker Yeldon Culliford -:- encE seveN MINUTES NOVEMBER 12 1990 Bratcher vas suggesting vas not necessarily [he same Ching. Mr. Bratcher wanted his frontages all curb and gutter; and, BHR vas suggesting reviewing [he series and possibly reducing [he depth of them. Comm1681on Weldon asked Mr. Eakin if the commission knew what vas proposed to the Water Management District. Mr. Snellings, [he engineer acquired by Nr. Bratcher, slated he had sent a sketch to BHR of the basic design they were proposing of the relocation of the treatment volume to West 10th Street. Those proposals were to provide curb and gutter along Wes[ 10th Street, pay fur [he treatment volume that would have been provided in the seals system along that scree[ and put [hat system along [he easterly right-of-vay on Orchid Street. Ne said the plans would be presented to [he Water Management District the next day. Mayor Gulllford asked if the extension of the time frame would cos[ the city additional money. Mr. Layton stated the contractor cold him if [hey don't make some kind of decision in [he very near future, the contractor would pull off the job and charge the city for remobiliza[on. Mayor Gulliford suggested a special meeting could be held Monday, November 19 at 7:I5 pm to review the decisions of the Water Management District if necessary. A. Seek approval to Change Order i22 (revised), Section N to inereaae project by ;2,275 to reroute eater mains on vest emd of Levy Yoad between Mail Street and Jasmine Street Motion: Approve the passage of Change Order i22 No discussion before the vote. The motion carried unanimously. D. Seek apprmal of Change Order i27, Section e, to emend contract days by 70 No[iwn: Approve [he passage of Change Order i27 No discussion before the vote. The motion carried unanimously. NAME OF COMMAS. M S Y Y V N Cook Edwards 'ticker Yeldon Gulliford Cook Edvarda Tacker Yeldon Gulliford Pace six MINUTES NOV EHBER 12, 1990 Lamella Street, Sandy Hackett, 265 Came lie S[ree [. Some questioned the idea of installing piping instead of the svales. After a lengthy discussion relative to the svales, Mayor Gulliford asked Mr. Layton to proceed with submitting [he plans co the S[. Johns Hafer Management, see what response [he city gets back from them, [hen get some cos[ estimates per linear foot on piping some areas. Mayor Gulliford said as soon as the city hears back from St. Johns eater llanagemen[ Dis[ric[, he would ask chat the item be placed on [he agenda. Ne urged the residents [o check with the City Clerk as to when it would be an agenda item. He stated he would like to continue to pursue i[ and come up vi [h a[ least a partial solution [o [he problem. A[ this time, Mayor Cu lliford called a five minutes recess. A[ the Nayor's request agenda items BA, SB, 8C, 80 and SF were taken out of sequence and were considered next. 8 Bev Busfnesa• F. Discussion in reference [o improvementa in Section H in the area of v. 9t6 and H. 10th Street - Ira Bratcher oroperty Mayor Hove 11 stated ac a previous meeting where Paul Eakin vas representing Ira Bratcher, [here were suggestions made relative [o their acquiring an engineer who could present some different ideas fox the improvements in front of Mr. Bratcher's property. Paul Eakin, of the law firm of Noe, Eakin b Foody appeared before the commission representing Hr. Bra [cher. Ne stated at [he previous meeting, they ve re granted a thirty day extension in vh ich to submit [he modified engineering plans to the District, than come back to the Commission with the their opinion as to [he modified plane. He said there were sCill several days left in [hat thirty day extension; however, he wanted Co advise the commission that the plans have been completed and their engineer had a meeting scheduled with Mr. Brown, of [he Hater Management District, [he next dey. He stated he had ]ust learned BHR also had modified plans up for review with the District; however, their modified plans were not based on BHR'6 plans now pending before the Distric [. He asked the commission [o grant them sufficient time to go back and redesign their plans based on the modified plans of HNR if in fact those plans are accepted by the District. Mayor Gulliford stated he had no problem with [he time as long as it didn't run [he risk of costing [he city more money. Mr. Layton said what they are suggesting to the commission and what Mr. NAME OF CODSMAS. M S v Y v N PAGE FIVE MINUTES NOVFNBER 12, 1990 areas where they could provide some relief to [he residents of Section H by revising Che grades. He stated they vent through on a atreer by street basis and took Che following things into consideration: They wanted to make sure the svales [ha[ were created could keep the water below the subgrade of the streets so they would not deteriorate; wanted co insure a continuous drainage system which would allw the eater to drain and not collect on any of the streets; wanted to insure that chat ever they came up rich, could allow the Water Management DSs[ric[ [o issue a modification of permit. He stated chat [he plans would reduce the total volume of the svales by almost 2/3rd. Ne stated they would contact the Water Mamgement District and show them [he areas chat were developed prior to the start of the prof a<[, the only area that is required for treatment vas the water that is actually generated by the paved streets. He said the modifications [o the plan cr_~ates a few problems in that the drainage system that was in place vas set for [he deeper swales particularly where there are equalizer pipes underneath intersections. He stated that in order to make the svales more shallow, this would create pockets where debris may accumulate at either end of the drainage pipes that go underneath the streets. Jane Bennett, 273 Camelia Street wanted [o know if the plans Hr. Layton spoke of had already been submitted to the S[. Johns Water 1anagement District. Hr. Layton stated [hat last Friday, November 9, he had spoken with Mr. 8rovn of [he Water Hanagemen[ District trying to get him [o commit in writing to alloying them co reduce the water quality. But Mr. Brown would only alloy the more shallow svales and flatter side slops. Ms. Bennett asked why [hey didn't put proper drainage from Wes[ 1st on Camelia [o West 3rd S[ree[ instead of the ditches. Nr. Layton stated that as a result of many public meetings four years ago, S[ vas elected no[ to do a pipe system but to do a awale system. He explained Chat a seals system reduced the amount of pipe that had to go into the ground and vas a cost saving measure. It provided for a treatment area that vas associated with every drainage basin. Mr. Layton said the svales would be 12 feet vide and 18 to 24 inches deep. Ms. Bemet[ at this time shored the commissioner pictures of children playing in the svales. Mike eoffman, 272 Camelia Street asked if the 12 fee[ swales would hold all the water draining from the lots to the streets. Mr. Layton stated the swales conveys the water down the street. The tither citizens who stated simf'_ar concerns about the svales were Presley Bryant, 162 Camelia Scree[, and Judy West, 1464 NAME OF CONH.IFtS. M S V Y V N PAGE FOOR MINUTES ' NOVBMBER 12, 1990 the definition of a night club. The Mayor stated Mrs. King had forwarded suggested definitions of Night Clubs, Bar/Lounge/Tavern and Dance Hall [o [he City Attorney for his review. Mayor Culliford questioned if [here vas any limitation on frequency of live shoes at nigh[ clubs. Mr. Davis stated he operated a disco and every now and then had female impersonators, when he could afford chem. He said he did not have bands come in because he could nor afford them. After a brief discussion relative to the def ini[ions of Night Clubs, Bar/Lounge/Tavern and Dance Halls, the Mayor instructed the Acting City Clerk to issue Mr. Davis the same license he had last year. He also instructed the Acting City Manager to make sure that the ma [ter of def inltions would be brought the attention of the Commission at the next regular meeting. 3. Comeut Agenda: A. Approval to decrease Cbauge Order i26 by (3,831.50 relative to the relocetiw of the force main due to lavdfill and ezisting eaaitary ewer adjus[mmt w Yeat 1st Street in Sectiw H Mo[ioo: Approve passage of Consent Ageada No discussion before the vote. The motion carried unanimously. AC the Mayor's request, agenda item SE vas Cake our of sequence and considered next. 8. Bw Business: B. Diaeasaiw a~ zelated active for modifiratiw/chm~giog svales to verb avd gutter 1n Sectiw H The Mayor called on Billy Novell, Project Manager for Section H who in turn called on Bill Layton of Bessent, Nammack d Ruckman. Hr. Layton stated they had gone through the Sec[!on H plans as a result of the last meeting, they had asked St. Johns Water Management Diatrlc[ to inspect ewe of [he streets. He stated [hey had come to a working agreement where the Yater Management District will look at the proposed revisions chat would make the svales more shallow and the side banks less steep. He stated [he Water Management Dlstric[ vas not willing [o put into writing any relief from the amount of water quality treatment that vas required [o provide when the job vas originally permitted. They simply feel [hat after looking at what the svales had Caused, there may be some NAME OF COMMITS. M S V Y V N Cwk z Pdvards z 'fucker z Yeldw z Gulli£ozd z PACE TNREE MINUTES NOVEMBER l2, 1990 Mayor Gulliford stated it vas fine [o protect and preserve the t reea but it vas not fine [o hold people up and Cha[ vas his concern. He also stated he did not receive a letter from [he Board making a formal request for another designee nor had he heard anything about it. He instructed Don Ford to issue the Wilson's C/0 as soon as possible. Pat Mamra„ 2260 Azalea Drive stated she vas concerned about the indigent people at the beaches and proposed the city contact Tommy Hazouri and ask far help for those people. The Mayor suggested she contact Volunteer Jacksonville Beaches and see if that would not be a better avenue to pursue. He said he would make some type of request to [he City of Jacksonville on this matter. Gary Wetherhold, 316 Oceanvalk Drive North, addressed the Commission as to the inadequate performance of the City of Atlantic Beach Employee Pension Plan. He stated he and his wife had been following the pension fund for three years and as of late, the ;2.3 million [hat had been invested had lost 3.25 in the last ninety days. Ne believes that the year-to-date return of negative 0.2Z is totally inadequate and the Pension Board should seek to have [he employees' plan opened for interested parties to bid for the business. He asked the assistance of the Commission in having the account handled by stronger investment respresentatives who understood how to operate a plan of [his size. Mayor Gulliford stated chat at one time commissioners ve re allowed to sit an pension boards but the state amended the statutory regulations on pension boards, established a Five man board and stated [hat commissioners could no longer serve on the boards. The statutory regulation read [ha[ the commissioners were [o appoint two people, the employees were to appoint two people and the four of them would appoint the fifth person. All of [he respansibilit ies were left to the pension board. He stated that [he co®lasion might respectfully ask the pension board for a report and the Commission mlghc encourage them to continue to pursue the best return possible. Mayor Gulliford instructed Y.r. Jensen, Mr. Royal and the Ci[y Hanager [o look into the matter and report back to the commission at the next meeting. At the Mayor's request, agenda item 8M vas taken out of sequence and considered next. 8. Mew Basineae: N. Dfacaesion and related action regarding liceming of night cla6s Mayor Gulliford stated Chat Ernest Davis, owner of the Vooswar Restaurant and Lounge wanted to address the Commission relative to NAME OF COMMHS. M S V Y V N PAGE TWO MINUTES NOVEMBER l2, 1990 2. iecognitioa of visitors: Nary Yilsoa, 2335 Oceanwalk Orive West, stated she and her husband had moved [o Atlantic Beach a year ago and scatted building a house in Oceanvalk. She said during construction, it became apparent that two trees close [o [he house were dead. They talked to [heir builder in order to have the two Crean removed before [hey caused damage to their house and he agreed to remove them. She slated that while removing Che trees, the builder vas notified by someone Chat he needed [o have approval [o remove the trees. Mrs. Wilson said her builder appeared before the Tree Conservation Board and vas told he would need to present to the board a plan to replace the trees. She stated the plans were submitted tc the city for the board's review but they were unable to concoct anyone for the approval to remove Che trees. She said she tried to contact the City Manager a number of times but could ao[ get in [ouch with him. The Wilsons finally had the trees removed. She stated Don Ford had been advised by this date and informed her [here vas no C/O for the address due Co the fact the free Board asked him not to Sssue the C/0 until the Wilsons plans were approved. A[ chat point, Hrs. Wilson go[ fn touch with the Mayor who asked her to came to [he meeting and tell her story [o the other Commissioners. Mayor Gulliford stated [he Board took i[ upon itself [o eliminate the designee and to approve and review all of the plans. Ne stated he went to [he board meeting and cautioned them [hoc if they were willing to donace the cime co review the plans that [hoc would be fine. Commissioner Weldon said he did not believe the ordinance stated that you had to replace a dead tree, only a live one, so he Eelt [he Tree Board vas out of order on that instance. Dezmond Waters spoke for the Tree Board and stated that the Wilson's builder had agreed to bring [he plans to them for their review; however, they had not received the copies of the plan. Ae said the Board did not dismiss the dealgnee. Hr. Pord had asked for another designee and the Board had written a formal letter Sn that regard. Be believed that the Tree Board vas totally viChin their rights the way [hey handled [he si cuation with [he Wilsons. NAME OF COMMAS. M S V Y V N MIHUTFS OF SHE aenn ra MEETING OF 7VE ATLANTIC BEACH CITY COM- MISSION HELD IN CITY BALL AT 7:15 PN ON MONDAY, NOVQIBER l2, I990 PRESENT: William I. Culliford, ]r., Mayor Roberc B. Cook, Sr. Glenn A. Edva rds Adelaide R. Tucker John W. Weldon, Commissioners AND: Harry E. Royal, Acting City Manager Alan C. Jensen, City A[[omey Karen S. Hoore, Acting City Clerk ABSENT: Kim D. Leinbach, Ci[y Manager (Excused) Maureen King, City Clerk (Excused) The meeting vas called to order by Mayor Culliford. The invocation, offered 6y Commissioner Cook, vas followed by the pledge to the flag. The Mayor pointed out [haC the Cicy Manager vas not presenc due to the fact that it was his birthday. Harry Royal vas filling in for him at the meeting. He also pointed out [he Clty Clerk vas attending a Clerks' meecing in Sarasota. He Chought it vas appropriate co appoint Karen Hoore as Acting City Clerk in her absence. Motion: Appoint Herren Moore ae Acting City Clerk in lire. King'e a6eence. No discussion before the vote. Mocfon carried unanimously. 1. Apprmal of the mim,tea of the regular meeting of October 22, 1990 Motion: Approve mlao[ea of the regular meeting of October 22, 1990 No discussion before the voce. The notion carried unanimously. Appro-al of the mlmtes of the special meeting of Hmeaber 7, 1990 Motion: Approve minp[es of the special meecing of November 7, 1990 No discussion before the vote. The motion carried unanimously. ME OF COMMAS. M O T I O N S E C O N D V O T E D Y E S Y O T E D N O Coot F.dwarda Tucker Weldon Guliiford Cook PAvarda Tacker Weldor Calliford Coot Edwards ticker Heldon Gulliford ~~, CITY OF ATLANTIC BEACH R Rf.In 1R MEETING MONDAY, N09EMBER 26, 1990 AGENDA Call to order Invocation and pledge to [he flag 1. Approval of the minutes of the regular meeting of November l2, 1990 and special commission meeting November 19, 1990 2. Recognition of visitors: 3. Ac[ioo on Beaolutions: A. Request for approval of Resolution 90-18 urging Congress [o adopt legislation [o remcve [he res[ric[Sons imposed upon the Bell Operating Companies. (Richard Brow, Southern Bell rep.) B. Request approval of Resolution No. 90-19 regarding eater and sewer refunding revenue bonds (City's Bond Counsel - Squire, Sanders and Dempsey) 4. Action on Ordlaaaces: A. Introduction and firs[ reading of Ordinance i15-90-6 re la[ive to wafer and sewer revenue bonds (City's Bond Counsel ~- Squire, Sanders and Dempsey) 5. Mew Business: A. Discussion and related action relative to approving a circus • sponsored by the American Red Cross [o hold performances on March 23 and 24, 1991, with their request to use grounds on the south side cf Russell Park for the even[ (Bernard Bols[ad, Red Cross rep.) B. Recommendation and related action regarding the proposed projects with Gee A Jenson: (Bill Armen[rouc, rep) a. See Carden SSf[ s[aC ion b. 500 K gallon package plan[ expansion at Buccaneer NNTP c. status report on other GSJ proj etCs C. Public hearing for Che supplemental authorization for Gee d Jenson, Inc. [o prepare a revised response to the Florida Department of Co®nnity Affairs regarding the content of the City Comprehensive Plan (Bill Arnencrou[, GAJ rep) D. Discussion of Delfees Crossover (Attorney Mark Arnold) E. Use by Exception for an alcoholic beverage license for Amoco F. Pension Board report (Alan Jensen, City Attorney) C. Discussion and related action to purchase computer system (Harry Royal, Finance Director) H. Discussion and related action relative to Section H (Wm Howell) I. Discussion and related action relative to police uniforms (Police Chief David Thompson) J. Seek approval to sec nee dates for code enforcement board meetings (Don Pord, Code Enforcement Officer) K. Request approval and authorization signature for adoption of Section 125 plan (Maureen King, City Clerk) L. Ask Commission for nominations co fill two seals on pension board N. Discussion and re laced action relative to the approval of payment [o Linder Industrial Machinery Co. Sn [he amount of ;3,337.73 for repairs co a backhoe. (Public Services Director Bob Kosoy) N. Report rela [See to definition of night clubs, bar/lounge/tavern and dance hall (City Attorney Aian Jensen) 6. City Manager reports and/or correspondence: 7. Mayor to call on City Comaissiosers, City Attorney and City Clerk: Adjournment a ~ac I ~ ~ ~\ rl w ~ ~~ t~ J N $~ .M • T 3w I F Y S ~ ~ ~ F P L~. + l` ~ ,~ o ~ y, 5, I~ ~ ~ ,~ s~ v x 9 ~ 'I M ~ , 5 I ~ VI I a : ~ ~ ~ ~ ~i e9: ~~o~ fa~~ ~~~~ V .~ 0 4 -a 0 0 Q a fi~ ~~ .~ ~ ~ ~. ~~ ~~ ~Q~ ' POWER SAFECO INSURANCE COMPANY Of AMERICA OF ATTORNEY GENERAL a15URANCE COMPANY OF AMERICA NOME OFFICE: SAFECO PIAU SEATTLE, WASHINGTON 981 R5 "/ _ .. No. 2268 KNOW ALL SY THESE PRESENTS: 711at SAFECO INSURANCE COMPANY OF AMERICA ano GENERAL INSURANCE COMPANY OF AMERICA,earh a Washington corporation. dog each hereby appoint ---PITZBUGB K. POWBI.L; LON B. BRYON, III; ROBH$T B. HAZARD; FITZHUGR K. POIdRLL, JR.; +RUSSELL L. TULL; CAROLYN LUCAS, Jacksonville, Florida---_ its true ant lawful enorneylel-in-fed, with lull authority to execute on its MhaN HWliry end surety bands or untlenakinps and dhar documents of a similar character ipued in the pNrrp pf ire lwslnep, and to Dint ihe,realxeclive company thereby. This authority extends to any arM all txtitpnts rsguired~Dythe State of Fkxida Dspenment of 7ransponetion incident to the releap of retained percentages and/or final ertimstea 'on enpinssrinp arM/or construction contracts- - Without Limitations. - -' IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed arM attested thep,prepnts.- ..:. -. - .' this... J.:.bth:. :. .. ... day ol. Pebrualg .1989 r. .. ._ ..~,-.. .. _ ,~~1 . &tred from ~ths By-Laws of SAFECO INSURANCE COMPANY OF AMERICA end d GENERAL~NSURANCE COMPANY OF AMERICA: .,s,... "Mich V, $edion 13. - FIDELfTY AND SURETY BONDS ... 1M Prpident, any Vice President, the Secretary, ano any Apistant Vice Pesidsnt appointed /or that purpose bytM offker in charge of surety operations, shall each have authority to appoint individuals n anorri - 2' eyi=G=facY~or'uiioei other'~ppioprNls'tltleti"wtth suthoriryto'peeute on Mhelf of the Company lideliry end surety borM~ orb other eocumsnte of dmiler eharadar ipued try the company in the course of its buainep... On arty insrument making w svkNnrinp suer appointment, tM aipneturp mry M affixed Dy faciimile. On any instrument ronlerring such eutharity~or on eiiybooo o~undenekinp ollhe company,the gel, or a facsimile thereof. may M impreepd or affixed or in any other manner reproduced(proviiled, hewaver, that the pal shall no[ M necessary to the validity of any such instrument a gnoartakinq." .w"1' Extras from a Replution of tM Bmro d Diraaors ofSAFECO INSURANCE COMPANY OF AMERICA antl of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "'On enY mnifimte exxuted - \ ~~ ~ ~ ' by tM Secretary a en asYYUm pvetary of the Comperry seninp out, lit The provisions of Miele V, Section 13 of the By,-Laws, ant - (ii) A copy d ins power-d-attorney appoidmem, exaCUted Durouam Ihsrelo, etM (iii) Certiryinp that pitlpower-p4attarney appointmsM is in full form stW aNett, IM eipnnure of tM certifying offimr.may IN try fapimik; end the gel d the Canpatry cosy be a lamimile thereof." I, Bah A. Dickey, Seartary of SAFECO INSURANCE COMPANY OF AMERICA and o/ GENERAL INSURANCE COMPANY OF AMERICA, oo hereby certify that the torspoinp axbacts of tM ByLaws ano of s Rsplution of the Boaro of Diredoro d they txNporations, and Iii a Por.ar of Anorrlsy ipued purouartt tMmo, ere true and mrrecL and that Goth the By-Laws, tM Feaolution arM Ns Power d Attorney ere still in toll farm and effect. - ,::el-, IN WITNESS WHEREOF. I have hereunto pt my harxi ant aHuedtM facsimile wl d pid corporation r i.4 eQ 4 . ^t ~~ Mofy` this 25th day m Octct~er , 19 90 , (.d IiE °' 'I ~ i~~1.EAL ~ f,, X }I~L~ • IIWi[aN V ax. e® SAFKO WSUiANCE COMPANY OF AMERICA GBEAAL a'ISIFANCE COl,IPANY OF AMERICA FIRST NATIONAL INSVRANCE COMPANY OF AMERICA 110AE OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 99185 Bond Blo Boren Conforms wlq itla Amarlean InaDtuh of ArMiteoh, AI.A Domanant No. A-31o KNOW ALL RY THESE PRESENTS, Thal we, Pett icoet Contracting, Inc., 11025 Blasius Rd Jacksonville, FL m Principal, hereinafter called the Principal, end the SAPBCO INSURANCE COMPANY OP AMERICA, of Seattle, Washington, a wrporatirn duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, ere held and firmly bound unto City Of At lent is Beach es Obligee, hereinafter called the Obligee. in the sum of _(5%) five percent of the amount bld DDllera (S ), for the payment of which sum well end truly to be made, the said Principal end the xaiJ Surety, bind ouraelres, our heirs, executors, edminialretors, auccesaors aM assigns, joinll y old several) y, firm) y by These presents. WHEREAS, the Principal has submitted • bid for Me j or Sauter Rehab i 1 i t at i on Phase III , Sections C. O. E wad F NOW, THEREPORE, if the Obligee shell accept the bid of the Principal end the Principal shall enter into a Contract with the Obliges in accordance wllh the terms Of allch bld, 811d glee a1Kh bond Or bonds ss may be specified in the bidding nr Contract Dacummis with good end suf(ieirnl surely for the faithful performance of such Contract end (or the prompt payment of labor eld material furnished in the prosecution thereof. or in the event of the failare of the Principal to enter such Crntrect and give such bond or bonds, if the Principal shell pay to the Obligee the difference trot to uceed the penally hereof between the amount apttified in uid bid std such larger amount for which the Obligee may in good faith cantrxl with another petty to perform the Work covered by said bid, thrn thi6 obligation shell lx null end void. otherwise to remain in full force and effect. Signed end sealed this `Q2~5Jt h~~~~( (~ day of W itneu October 1990 Pattleoet Conlrecting. Inv.. (SeoU Principal Witneac ` BYPBCO S AN COty1PA F AMfiRICA 1l ussal I L Tul I ^/At//lo/racy-in-fact s-suEV vw ®q.vl.m.e u•an...• m sArsco ce,vm.ce~ IgI:.TED IN V.S.A. i- Amer;can Moma Assurarsca Company National Union fin Inyranca Company of Pittsburgh, Pe. K,I„r,eu sw.a onm. .o e~,a,...,_.,a,,. w..w. Iono POWER OF ATTORNEY No. 07-B-32616 KNOW ALL MEN RY THESE PRESENTS: Trial Am<ncan Home Auurance Company, a N<w York corporation antl National Union Fuelntugnce Company of Pi ltsburgq Pa . a PennsYlrama corporation, does each hereby appoint ---N. P. Cannon, Sack F. Nicholas, D. D. Harchoorn: of Sarasota, Florida--- in true and lawful Attorneylsl+n-Fact, with full wthoriry ro execute on its behalf bends, undertakings. recognhances and oroer contracts of indemnity and writings obligatory in the nature Ihereol, iswed in Me course of i6 Ousintss, and to Lind the respective Company Mereby- IN WITNESS WHEREOF, American Home Assurance Compmv and National Union Fire InwrarKe Company of Pittburgh, Pa. have each eKaarted Mete Presents `'r ~' .,`0~rurO•.~ Mis 24/ Se [ember r , tg 90. _ day s ~ i '+~wf Mark E. eagan, or Vice President STATE OF NEW YORK 11 COUNTY OF NEW YORK (a on Ini{ 24 ar d September tg 90 pNOn ma fJrY M above MIM dlip d Amwivn Mane AwrFrlaa CynpanY rM Nation{I Union FMF ImwwKa Cmpny d Fimpyrdl. PF. 10 mF pMfpyllY knewrl p b !v in6riyal alq dliar brnttae Mraill, ~Ia cknu„Itrtlpad Mt M nRUM M epaawllF iMbunynl AIQ a11i{ad AI IaY{ d Yid CIXppa[iolla Mme W YUlwiry o1 n,. d1:rA, - L/ gOpall a. NOtluapU Haag Nlae. YaN M Nor York O.aaaaa YIpYV'Ia041273a LIw PIIWse CERTIFICATE EKCeroe o/ Resdutions +doPtM try M Boards of Diranars of ARYrical HorrY AsYra{x Company and National Union Fin Inwrance Company of Pitnburgfl, Pa. on May 18. 1978: -REBOLVED, Ina[ M CMimyn el dY tbr4 M Pnrtipmt. a wv Viu Prwkamt b, al{a narabY i Ydrwlod Y aeepint ArtorrYyFirv Fact to raprMnt YW st la arrp on ran/1 of M l.plpry Y aaaa tYrKY, uMeakwy, repalpq{ and odYr mnvam d n10amniN ar,p reipry{ dal:rlo-Y w M.Yluq Mrao/, as to naen drwaY M eerpo.ar W d M Colorant. in M ual,.aedm d,a MKaW Gdnaa: am o.dfaaa tiaW Mra1o try f •.RFSOLVEprD~, ~ y~ Nlalylaa aly~~ and aM Yin I'pvW of Atprlw. a y,{ilia~fba~lrla Wl~gyni• !^Y YrA IowV d Anornly a to rdia aM Company wean Y aKvad wa non a arty frond. Yldasal avYarlY o. fata:IliY r •Iatt ~ Ob1r'aD•Y br M IYaYa Mlad: rl` raCOfnlDlp b O/Yr <OIIVaFt d lllpanlM 01 ,Yid 'REBpL VED, eM arty Yen AtterrYywFit 4irarkrg a aanavyl oanif~adon aNn M rorapiy nrYkrlva tua b w Marx mY. in{a.t nI RtlI tartaiutipn M by Mrad. Yid 6410 b rim krar Mn M ba d 4krary Moot a IYdI AtlorYyiRfaCL" 1, Maureen P. Tu11Y. Saraeury of Ameriryl Home Aswnrln CompatY aM of Natbna/ Union Fin Imurarroe ComPalaY of Pitatwrgh, Pa. do hereby arch that Ma foregairlg naroa of RerNutiom adoptaN by M Bwr~ of Oirettors of tf+ese corpora- tion, aM Me Power of Attorney 4suM Pursuant Mreto, sn true and correct and Mat boM Me Resdtdiom and the Powers of Attpney an in hill forty snd effect IN WITNESS WHEREOF, I hate hereunto set my Najd arM aNUee the lanimile seal 0/ eaU cwporaaon ~f~E fyrw,e~ Mis 25th, of October .19 90, '~aY.! +ra.r ~~~ ~ ~ ~ Ta]ao !Blasi dRrrwn e. TuIIY. swataY The Surety, for value received, hereby stipulates end agrees that the obligations of said Surety end its bond shall ba in no ray ispairad or effected by sn extam ion of the else rithin rhich [ha Omer say accept ouch Bid; and saLd Surety does hereby valve notice of any such extension. LN VITNESS NNEREOF, the Prinelpal end the Surety have hereunto •at their hands and asaL, and ouch of Chea a are corpontlona have caupd their eocporeta seals to be hereto affixed aid thus presents to M ^lgnad Dy their proper of£Sesra, [ha day and year first eat forth above. NES CO RU t al 8A'I't (L.S.) 4//~'Ld'/aY NATIONAL ONION PIKE INSURANCE COMPANY OF PITTSBURGH, PA Surety i/•f: CANN to ey-in-Fact end License Florida Agent SEAL 2 - awl~Ielafla~ _ _ _ _ _ . _ _ . ;~~ ~~. . DIVISION 'D' BID BOND XHOW ALL NEN BY THESE PRESENTS, that ws, the undersigned, WESTRA CONSTRUCCION CORD, as Print Lpal, and NATIONAL UNION FLRE INSURANCE COlSANY OP PITTSB PA U~•Surety, are hereby held and firmly bound unto CITY OP ATLANTIC BEACH, FIARIDA as Owner in the penal sum of ---SI OF AHDUNT BID------- for the payment of which, yell and truly to ba made, ve hereby jointly and severally bind ourselves, our heirs, executors, adainie orators, successors and asaigm. Signed this 25th day of October 19 90 The condition of [he above obligation is such Cha[ wherena the Principal has s•~bmitted to Ci[y of Atlantic Beach a eettaln Bid, attached hereto and hereby made a pert hereof [o enter into s contract Sn writing, for the Atlantic Beach Major Sever Rehabilitation NOW, THEREFORE, (a) If acid Bid shall bs raj ee tad, or in the alternate, (6) If said Bid shall ba accepted and eha Principal shall execute and deliver a contract Ln the fors of the tom [ruction Agreement acuched hereto (properly cosplatad in .ccordance with said Bid) and shall furnish a bond for hie faithful performance of acid contract and for the payment of all peraom perforsing labor or furnishing materials Ln connection therewith, and shell in all other respects perforn the agreement created by the acceptance of said 81d. Chen this obligation shall be void, otherwise Che same shall remain Ln force and affect; it being expressly undo rotood and agreel. that the liability of the Surety for any and all claims hnreundet shall, in no event, exceed the peml amount of this obligation as herein stated, _ _ - _,, ,,~ .~ -1 ~~~(~ ocT i s Aso ~~~ ~~~ ~-~ _, __ ,//'''~~ CFRTIFlED COPY F 4A I ~ GENERAL POWER OF ATTORNEY No. Fclc 636 KNOW ALL MEN BY THESE PRESENTS: That FlDFLITY AND GUARANTY INSURANCE COMPANY, a mrpwatim arganiud and cxisdng undo the laws of the Sate of Iowa, and loving its princtppaatI office u IBO Lig1u Shea, Baltimore, Maryhud 21 tiwm and appam Jim A. Armstrong, Jerry 6. YeaaeJr, Jr., ~' M. Parker, Jr.', Er1c Dbnce~oe taQ D. M. Perris of the Ciry of Jaeltson ,Sate of MSsdsrlppi irs Ittse aM lawful Attomc)ain•Faa, with power and wdrairy w sigr its name u witty [o, and to execvtc, seal, acknowledge aM deliver wy aM all bonds. underukings, secogairatara err oNtt written obligations in the nature ttsernof; and the said FlDFll7Y AND GUARANTY DJSURANCE COMPANY haWy ratifies aM confirsu alLof the acts of said Attameyen- faa, pursuwt to these premixs. - Tbis appoimmart le msde undtt and by authority of a by-law of dre said FmElI1Y AND GUARANTY INSURANCE COMPANY, a certified Dopy of which is hereto annexed and made a pan of this Arwtt of Atomey. M WRNESS WHEREOF, dte acid FIDFLf1Y ANDGUARANIY INSURANCECOMPANY hu caused Aa irtmument m be sealed wiN its corporam seal, duly attested by dre signature of its Assistant Vice-Pswidwt and Assistant Secreury, this 15th yy of APril . 19 88 . FlDETIIY AND GUARANTY WSURANCE COMPANY W. J. D. Bomer-ille, Jr. (Signed) By ......................................................... a,ma. vra r..rrr. (SEAL) (Signed) 17. R. Holley' ........................................................ auuaa sm.,.r. STATE OF MARYLAND BALTIMORE CITY ss: On this 15th day of April ,19 ~ , befom me persorWly came W, J. D. Bomer~ille, Jr. ,Assiwmr Via Prwidwt of FlDI7.ITY AND GUARANTY WSURANCE COMPANY and M. A- Iiollay , Assistwt Seawry of said C~ryo~~mn, with batlt of whom I am personally acquainted, who being by me severally sworn, said dot thry, the said W ~ • m. 8wex~iile, Jr. , ~ Y. R. Holler wrae respectively the Assistant Vice Ilwidenl aM Auiuwt Staaary of the said FlDF1IiY AND GUARANTY INSUR- ANCE COMPANY, the corporation desttibed in and whisfi executed the foregoing Power of Attotrcy; Ilut thry each knew the awl of said corporation: that the rest affixed to said Power of Attorney wu such mpaasc awl: Ilut it wss so affixed by audrority of the by-laws of said oorporuion: aM that tlrey signed their names hereto like authority u_ Assistant Vicc President aM Assistant Secretary. respectively, of die Corporation. My Commission expires the first day of July, 19 9D (SEAL) (Sigh) IAargaret M. Hurst ............................ NOTARY PUBLIC rs u aasr rxoi rx., .. BID Boren KNOV/ ALL MEN BY THESE PRESENTS, that we, the undersigned. sHnRP ]DN CD Ile; [,ouisville Mississi i as Principal, and ~pII,lpy ]1ta) tilARAtrP1t ItSURAACE CC!&ANY Baltimore, Maryland a5 Surety, are hereby held and firmly bound unto c]Tr of asr,azrizc ~'+~ ~~p°' as Owner in the penal sum of Five t of the rmamt of the Bia Ibllars, S( 58 of Bid ) for the payment of which, well and wly to be made, we hereby jointly and severally bind ourselves, successors and assigrs. Signed, this 25tH day of octotrr . 19 90 The Condition of the above obligation is such that whereas the Principal has submitted to cast of aTTarrFlc Bexat Ftvsud+ a certain Bid, attached hereto and hereby made a part hereof to enter into a contras in writing, for the For the Ma'or Sever Rehabilitation -Phase IIZ Sections C D E b F. NOW, THEREFORE. (a) If said Bid shall be rejesed, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contras in the Form of Contras attached hereto (properly completed in accordance with said Bid) and shall fur- Wish abond for his faithful performance of said contras, and for the payment of all persons per[orming labor or famishing matenals in co°nesi°° therewith. and shall in all other respects perform the agretment created by the acceptance of said Bid, then this obligation shall be wed. slrerwise the same shall remain in force and effes; it being ex- pressly u~erstood and agrud that the liability of the Surety for arty and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. F,g.idx _~„~~~.- John Woodyrlnc. ~~ Cltp of Atlantic Daae6 C1q 411 Aelantia Beath, rieslda 322!3 ' Atta: Beb ltoaop - public Sariiea Dirsotor Caaele~ea: Ootobar 10, 1990 4!: Mal or Baws 14habtlitatioa Pharr III - Brecloea ,C, ,D, ,B, a ,p, 4Nr~i eM !Surd portion ei eha above ralannead prolate, w wrr even chat eha sanheU rue frog 6< to 9f wa is she Beau HiBhvap rldht e! wy and eeuld raquiza iarltuters er 0 LSaar. If w eamot qt Bqw 4ihv+1 approni !e slip liua ChL action w vill uaa aizhar laaituton os II Liuas at no additional cost to cha Citp. 9av~"""' pousa,~~~ valeta vooa.ll prasideat CITY OF rltla,u'ie 6raeL - ~loaida TIB OCEAN BOLB.EVARD P. O. BOXffi ATLANTIC BEACH, FLORIDA 9T13s TELEPHONE mM) R~9.2195 SUGG . T D E17 R Subject: Hej or Sever Rehabilitation - Phase III Sections C, D, E and F S6C Project No. 8505-13-OL Atlantic Beach, Florida Gentlemen: Please be advLsed Chat the CL[y Commission tentatively awarded the bid for the aubj act project to John-Noody, Ina., of Jacksonville, Florida, on November 12, 1990. We are returning the bond which you submitted vi[h your bid, and are Lncluding a copy of the bid tabulation for the project for your use. We vish to thank you for your participation in this bidding, and we hope you continue to bid on futuze projects. Sincerely, CITY OF ATLANTIC BEACH Kim D. Le inbach Ci[y Manager ~. Enclosure ''.. cc: Smith and Gillespie Engineers, Inc. r. CITY OF ~'itlla+ttie $iaelc - ~leslda 4180CEAN BOULEVAED P. O. BO%R6 ATLANTIC BEACH, FI.OBmA 37!33 TELEPHONE 131w1 RI9-7m6 SUCGESSED I.EITER Nr. Weldon Woodall, President John-Woody, Inc P. 0. Box 60218 Jacksonville, Florida 32236 Subject: Notice of Tentative Avard Major Sewer Rehabilitation - Phase III Sec [ions C, D, E end F SAG Project No. 8505-13-01 Atlantic Beach, Florida Dear Mr. Woodall: In accordance with the Notice of Acceptance in the Proposal and Bid Form of the subject project do<uments, we hereby officially notify you of the acceptance of the Total Base Bid of John-Woody, Inc. by the City of Atlantic Beach for the subject proj e<t. The City Commission has recommended award of the contract for the subject proj eat to your firm on November 12, 1990, for a total contras[ amount of $542,609.50. Therefore, the City will proceed v1[h the conformance of the contract documents end transmit them to your offs<e for execution. Thank you for your cooperation. We are looking forvard to working with you on Ch is much needed project. If you have any questions, please contact our Consulting Engineers, Smith and Gillespie Engineers,In<. at (904)743-6950. Sincerely, CITY OF ATLANTIC BEACH Kim D. I.e inbach City Manager cc: Smith and Gillespie Engineers, Inc. Public Services Director Finance Director Purchasing Agent _. > ~..... .~ SMITH AND GILLEa PIE ENGIN EERS.IN C. Honorable Mayor and City Commissioners CSty of Atlantic Beech S6G Proj eat No. E505-13-01 November 7, 1950.......Page 2 After mutual consideration of all bids 6y our firm and discussions with the City Manager and Director of Public corks, ve respectfully recommend that the Gity accept the bid of John-Woody, In<. for a total contract amount of $542,609.50. This recommendation of award is made contingent upon the availability of City funds to construct the prof eat and upon the bidder providing the valid performance and payment bond and insurance coverage that is acceptable to your legal advisor. ue would also recommend that the CSty allocate a contingency fund for the construction of this project in the amount of $54,000.00 to cover any unforseen expenses which might occur as a result of change orders during construction. However, we do not ae this Cime anticipate that the need will arise to utilize the contingency funds during construction. As pert of our contract for this project and pending authorizacien from the City, Smith end Gillespie Engineers, Inc. will employ Mr. Ernie Beadle as a full time resident observer on this project to ensure the City that the work is constructed according to the plans and specifications and to protect the City's interests. Nr. Beadle has worked with the City on several past projects. Other services during construction will be performed by Smith and Gillespie Engineers, Inc. under our initial euthorizat ion from the City for this project end in accordance with our proposal letter dated October 17, 1989. For your convenience ve have attached two suggested letters for the subject project. The first is a letter of reference for Notice of Tentative Award to the contractor who is awarded the project. The second suggested letter is for the other contractors who participated in the bidding, but were not awarded [he bid. We are returning the bid bonds of all other bidders to your office for eventual return to the unsuccessful bidders. We will be pleased Co discuss Ch is recommendation with the City Commission or the City staff at any time. Sincerely yours, ~~~ Ati~~ Benjamin David Avery, P.E., ASIA SNITH AND GILLESPIE ENGINEERS, INC. BDA/sle Enclosures ce: Nr. KLm D. 1R inbach, City Manager Mr. Robert Kosoy, Director of Public Services Nrs. Maureen King, City Clerk Mr. Alan Jensen, City Attorney SMITH AND GILL ES PIE EN GIN EEPS, INC. eonT orncr eon nv Je ~wcssoNViuc. no9,ow Jze of X90•1 )~J'69e0 November 7, 1990 Honorable Mayor end Clty Commission City of Atlantic Beach P. O. Box 25 Atlantic Beech, Florida 32233 Subject: Engineers' Recommendetlon for Bld Award Hajor Sever Rehebilita[ion - Phase III Sections C, D, E and F 56C Project No. 8505-13-01 Atlantic Beach, Florida Gentlemen: Pursuant to the direction of the City of Atlantic Beach, four (4j proposal and bid forms were received on October 25, 1990, at 2:00 p.m., end opened in the presence of members of [he Bid Committee established by the City Commission. All bids have been checked, verified and evaluated for eonformanca with the criteria set forth in the bidding documents and the intent of the plans and specifications. Ile have attached ten (10) copies of our certified tabulation of the bids for your use. The low bidder on the project vas John-Woody, Inc., whose total base bid of $542,609.50 vas approximately eighteen (18) percent below our Engineers' Opinion of Cost of $664,470.55. The second loves[ bidder, Wes era Construction Corporation, vas only $836.44 behind Sohn-Woody, Inc. which demonstrates how Competitive and reliable the bidding on Chis project vas. Our firm has worked on numerous past projects with both of these construction firma and would recommend either firm to the City for this pzoj act, based an their past work. However, of concern with both of the two loves[ bids Ss the fact that each indicated that they intended to perform all lining on the project utilizing general slip lining. Both [he City Engineer end our firm have been in contact with John-Woody, Inc. and the Florida Department of Transportation to de [ermine whsther any of the lining segments in the DOT right-of-way along Hayport Road would require lining by either Insituform or L'-Liner and it has been determined that only one manhole segment, from manhole 97 to manhole 64 will require lining utilizing either Insituform or U-Liner to avoid excavation within Hayport Road. The City has received a letter, daced October 30, 1990 from Mr. Weldon Woodall, President of John-Woody, Inc. stating that if FD07 will not alloy them to use general slip lining to repair this line section, that they will use either Insituform or U-Liner at no additional cost to the City. A copy of Chis letter is enclosed for reference. We feel that this letter is sufficient, if incorporated or referenced into the construction contact with John-Woody, Inc. to protect the Cicy from paying any additional cost for a change in the method of lining on this sever segment along Mayport Roed, which FDOT is requiring. 4~ i CITY OF 1'AAlaatle ~cac! - ~lmtula tI6 OCEAN BOULEVARD P. O. Bl1X ffi A77AN97C BEACH. PLOIDDA en°a 1FIEPHONE (90912&2996 Naveaber 9, 1990 M E M O R A N D U M TO: Hie Leinbach/City Manager sue, /y FROM: Robert S. Kosoy/Public Services Director 6~+f~'-~" RE: MAJOR SEWER REHAB-PHASE III, SECTION C, D, E, 6 F V I have reviewed Mr. Avery's Noveaber 7, 1990 letter on the referenced project and the Tabulation of Bids. As Mr. Avery states in the first paragraph on page 2 of his letter, I cantor with the recoeeendation to award the bid to John- Moody, Inc. with Che incorporation of Mr. Weldon Woadalls' letter of October 30, 1990 as part of the construction contract. The total contract aeount will be f542,609. 50. ! i Prior to rebidding the project the low bid received was (642,297.10 on August 13, 1990. ! If you need further inforaation, please call. RSK/kr cc: File (~~ .. r ,.. ~- CHANGE ORDER N0. 26/YATER 5 SEVER SECTION 'H• IMPROVEMENTS PAGE ITEM QUANTI TY UNIT PRICE AMOUNT Vest 11th Street Force~ain ADD d' PVC DR-16 1,550 LF 5.25 8,137.50 R00 d' 45- Bend 3 EA 137.50 d12.50 ~ ADD d' 90' Bend 1 EA 141.00 Sd1.00~ ADD Conn. to H.M. E-2 1 LS 300.00 300.00 ~ DELETE 4' PVC DR-18 2,550 LF 5.25 (13,387.50)+ DELETE 4' 45' Bends d EA 137.50 (550.00)+ DELETE Conn. to M.H. E-2 1 LS 300.00 (300.00)' Vest 1st Street Sanitary ROD Re~ove Exist. M.H. C-b 1 EA 100.00 100.00 RDO Re~ove 8' PVC Sewer Line 100 LF 4.00 400.00 RDD Install B' Clean Out 1 LS 250.00 250.00 ADO Install 2' PVC FM 100 LF 2.00 200.00 ADO Connect 2' FH to 8' CO (8'N2' Tapped Plug) 1 LS 50.00 50.00 AOD Install Double SeYer Service frog M.N. A-3 Conn. Lot on 1st Street 1 LS 190.00 190.00 AOD Connect Lot 6 Blk. 87 (David P.) to new servicei at property line Cdrelia Street 1 LS 200.00 200.00 ROD Re~ove 6 Replace Pried Li~erock 1 LS 200.00 200.00 DELETE Adjust Exist. M.H. to Finish Grade 1 LS 175.00 (175.00) TOTBL FOR CHANGE ORDER N0. 26 ((3,831.50) ~_. cxA:vice oRIIeR tlnsw<uons on reverse side) ~O' ~o PR07ECT: Secilon 'H' Imprcvement5 DATE OF ISSUANCE: OWNEP: City of Atlantic Beach (Name, 716 Ocean Blvtl. Addrcsslp'0. Bax 25 Atlantic Beach, FL 32233 CONTRACTOR: BarCO- Duval Engineering, Inc 7587 Wilson Blvd. Jacksonville, FL 32210 OWNER's Projec[ Ne ENGINEER: Bessent, Hammack 6 Ruckman, Inc. CONTRACT FOR: paving, Drainage, Water 6 Sewer ENGINEER'S Project No. 5B60C.lk You are dvee[ed ro make the toaowing changes in the Conmac[ Documen[s. ~SeriP°On~ FOICe main relocation/Miscellaneous appurtenances Purpose or Change Order: Refund for F.M. relocation due to landfill and existing sanitary sewer adjustment on West 1st. Street A[tashmentz: U.is[dacumenm supporting change) Lettei t0 80b KOSOy; BHP, estimate; Sketches (2) i CHANGE IN CONTRACT PRICE: Original Contac[ Price = ~an 75 CHANGE IN CONTRACTTIME: Original Comas[ Time 360 D4v5 5 ~~ , w Previous Change Orders No. [o No. ~ Nm change from previous Change Orders 5 Contras[ Price poor [o [his Change Order Contact Time Prior [o this Change Order g o. a.v Ne[%rYcMdNFltde<rcax) of Nis Change Order 3 831 50 I ;Ja Increase Idecreax) of this Change Order 5 >.., Con[rae[ Price wi[h aII approved Change Orders I Conms[ Time wi[h all approved Change Orders 5 RECOMME/ND/E~7D: APPROVED: APPROVE/D': ' by / by by (~~~~W .-M. c.,,~.z.a EJCOC No. 1910 I!9gi tionr .v ~S Prcox Jb+me Enp~xttti loam Con:rs:Doc=rt'..n:+Cnmm.:.e aNenJwuE a+TMA+we:cea [rne:v Ccn:rx:m+ul imenca ~,/•-/~ CITY OP ATLANTIC BEACA =ITY COMMISSION NPETING - N09EltdEA 12TA Deaz Mayor b Commiasioaezl: As residents of Atlantic Beach, my wife, P.7., and I vast ea bring eo your attention the inadequate performance of the City of Atlantic Beath Employee Pension Plan. Kt. et financial oonaultavte, have over the past three years continually observed the account, and have found it coneiategtly out of compliance. Ne have apmt hours educating the Consulting Service Company and various membsre of the Pension Board on the importance of complying vith State regulations concerning credit vorthinesc of the plan'! imcatments. As for performance, year-io-date the plan has ehnvn a negative -0.2; return. Fot the last 12 menthe the total return has been 2.9;. Since the ozigin o£ th• plan, the annualized total return has been 8;. In eehieving this rate, which 1e below preatnt yeilda available as C.S. Government Bonds and Hank Certificates of Deposits, your consultant has used such ad~ectivee as "superior" crock selections. And according to his univtrss, this 8; return ranks in the top 1; of all managed money over the same time frame. Ne suggest that 2.9; Sa totally inadequate and that the Pmalon Board should seek to hove our employees' plan opened for interested pariias to bid for the bueineea. Gary b P.J. vetherhold 316 Ocsawalk Drive, North Atiaatic Bsaeh, FL 32233 I~.~rTO /rS A~~t~ z Page Two Minutes of Special Commission Meeting November 7, 1990 Mayer Gu111fo:d commented that the proposal to limit the terms of elected officials had been on the ballot in several states in the re<en[ election and he felt the City of Atlantic Beach may wish to consider this matter before such petitions were circulated in Atlantic Beach. x • x x x x x x x x x • x Mayor Gulliford reported on the recent meeting between the Mayors of [he '. beaches cities and Baldwin and Mayor Ilazouri. He said he was in favor of getting back with Mayor Hazouri before the end of the year regarding the needs and recommendations of the various areas. Mayor Gulliford cited io particular, the JEA franchise wherein [he city had previously received a 6S franchise fee. This fee has been discontinued and currently Atlantic Beach residents are being charged a 6I surcharge on JEA bills. x x x x x x x x x x x x x Commissioner Fdwards recommended [he problem with junk care and neglected properties in [he Royal Palms aubd ivision be addressed. The Mayor requested the matter be placed on the agenda for discussion at [he next regular meeting of the City Commission. x x x x x x x x x x x x x There being no further business to come before the City Commission the Mayor declared the meeting adjourned. illiam I. Gulliford, Jr. Hayor/Presiding Officer A T T E S T: Maureen King, Ci[y Clerk ~-~ g i , M711BYFS OP TBE SPECIAL MEETING OP A71.ANTIC BEACB CITY COMMISSION BPJ.D AT 5:30 % ON NEDIIESDAY, NOY003ER 7, 1990, IN CITY BALL, A'I7.ANYIC BEACB The meeting vas called to order by Mayor Gulliford. Present, in addition to Che Mayor, were Commissioners Cook, Edwards, and Neldon. Also present were City Manager Leinbach and City Clerk King. Co®fasioaer Tucker vas ill and was excused. The meeting vas held for the purpose of reconsidering a request Erom the Jacksonville Beaches Lions Club [o hold fund raising activities at the intersection of Atlantic Boulevard and Royal Palms Drive on Saturday, November 10, 1990. Mayor Gulliford explained at the previous meeting of [he City Commission the Lions Club had been denied permission to hold fund raising activities on that particular weekend since that was the day of the annual Plorida/Georgia football game. Mr. Dennis McClendon, President of the Lions Club thanked [he City Co®Sasion for taking the tine to meet and reconsider their request. Ae ezplained the group had conducted fund raising activities on that weekend for several years and had experienced no problems. This vas one of [heir main fund-raisers and the proceeds raised would represent a substantial portion of their annual budge[. Co~isaioner Cook moved to authorize the fund taking activities ae requested. The motion res aecomded by Camaisaiwer Pdvarda. Commissioner Ne ldon asked what insurance the Lions Club carried to cover such a fund-raiser and Mr. McClendon responded that both personnel and vehicles were covered to the extent of S1 million liability and ;500,000 life insurance. A copy of the certificate of insurance is to be submitted to the city by Mr. McClendon. Mayor Gulliford suggested [he City Attorney be requested [o draft a hold harmless agreement vh ich could be executed by any such organization making similar requests in the future. The question ras called and vas s~tw••ly approved. * * * * * * * * * * * * * The City had received a letter from Nilmer Clark, Chairman of the Beaches Solid Waste Committee, requesting that each of the three beach cities contribute ;100 to provide an operating budge[ for the committee. Commissioner Cook moved [o aa[horize the contribu[ios frow the Sanitatlom Paad. The motion vas secomded by Comaisafoner Edvarda amd vas amafmomsly approved. * * * * * * * * * * * * * Commissioner Neldon complimented Commissioner Edwards for his efforts in connection with the passage of Amendment t3. Commissioner Edwards reported [he Police and Fire Departments of Nest Palm Beath had indicated they would sue Che Florida League of Ci[fes on [he basis that they had used tax payers money for political purposes. * k * * * * * k * x k * * i Resolution No. 90-18 Page Tvo Pxesed by the City Commission of Atlantic Beach, Florida, this day of October, 1990. Yilliam I. Gulliford, Jr. MAYOR Approved as to form and correctness: Alan C. Jensen, City Atcorney A T T B s T: Maureen King, City Clerk J _, . ~..,,~ _ . agsownox i9o-18 iP.SOflITION OF SOPPOQT POB POIL PABTICIPATION OP AIO+BICAH Il®OSTHY Ill T86 P60VISIOB OP TPLECOIONBICA- TIOl1S tiQOIP!®TI ABD SERVICE V~BAS, more camp et scion in the telephone equipment marketplace will benefit cities through laver prices, and Y~VJS, alloying the Bell Operating Companies co manufacture telephone equipment may increase domestic ,Jobs in our cities, and yavsv~c, freeing the Bell Opera cing Companies from the information services restrictions will increase the availability of ney and innovative services to serve our cltizeas, and Y~P6S, perms tt sag the Bell Operas ing Companies [o provide a full-range of information services gill increase the availability of educational resources via communications for the schools in our counties. BOW, THEREFORE, be it resolved by [he Ci[y Commission o_' the City of Atlantic Beach as folloys: Section 1. That the elected representatives of our citizens determine the national [e lecommunicat ions policy of the land. Section 2. That Congress pass legislation chat yould lift [he restrictions on the Bell Operating Companies in manu£ac curing and information services, yi[h proper safeguards to ensure fair and open competition by all. Section 3. That this resolution be sent to the Florida Congressional Delegation signed by Che City Commi ssicn of the City of Atlantic Beach. 5R Y 7.0 BFPBCTIVS DATE , This Ordinance shall take effect immediately upon its , final passage and adoption. PASSBD by the City Comission on first reading, this ~. _ day of 1990. PASSBD by the City Commission on second end final reading, this dey of 1990. ATTBSTt MAURSBN RING WILLIAM I. GULLIFORD, JR. City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JBNSBN, BSQUIRB City Attorney (~ Perfumaace of all normal utility functions m include construction, operation, aM maintenance of the City's stormwata management rystem including, but rot Ihoired m, hiring of staff, the selection of special wnsuitants, the entering inm conaacrs for services the pttrchase of Iar7ds and crotstr7rctioa of facilities, and the handling of purchase. kau, sale or other tights m proputy for the stumwater mamgement system. (S) Issuataz of teveaue bonds far the purpose of perfuming those duties as described herein. 3.0 CUSTOMER BASE The owttQS of all real property within the jurisdictional batt7daries of the City cmtribudag smtmwarer ronoff m and/or benefitting from the stormwater matrsgemw[ system shah pay utility fees as established by sepatane otdhuoa. Base fees shall apply m all properties within the Crry, including those propatiu classified as tan-profit or tax-exempt far ad valorem ras proposes. It shall apply m all govtxnment properties, including propatiea of the Cuy. 4.0 ENTERPRISE FflND A s~mwater management utility trust fund, ism which all menuu from user feu, caooectioa charges, greats. ar orbs fuadiag sotmces shall be deposited and from whkh all arpeodittttes related m the SMU shall be paid, is hweby estabGst7ed. Accomdag sad reporting peomdurea shalt be mosiaseat with Stott law and reported amually m the (:try Commission by the City Ivimaget or designee. Expenditmu fiom the food for activitiu that ate no[ relased m rht Cuy's uormwater maaagem~t utility shall au be pamitred, except fa a prorated charge far general City govetttment services as is is effett for all other City utility SA BII.LING AND COLLECTION The method far billing and collecting stormwatc utility feu shall be the existing City ntiliry billing syuem. 6.0 if any secnaq satarm. rJaose. Or phtne Of dtis Otditnttce is held m 170 intralid a mroatsrltaoaoai by troy court d campeoem jtmsdictio4 thm said holding shall in ro way affta the validity d the temaiting patinas d this atlia_=_ All art0oaaaa ac perta of adinmreea io waflict herewith rat m the esteem d such caefiiu hereby mpealed. F CAAL: Adequate smrmwater drainage will be provided [o afford protution from ^ooding and m prevrnt degradation of quality of receiving wa[ers. OBJECTIVE: The City shall identify existing drainage (aciliry deficiencies and correct them through provision of an efficien[ drainage system which will pro[ect life, properly and the natural environment at a cost consistent with the public welfare. 2.0 I1TD,TTY ESTABLISHED Thera is hereby created and established a stotmwater managemen[ utility, which shall be the opaazioaal means of impkrttenting and otherwise carrying ou[ the futtctitrnal requirements of the sttrmwater management system. 11re SMU shall be responsible for the City stotmwater maoagement system and shall Have equal status with the other utitiry services provided by the City. 2.1 Directors Directors of the stonnwater management utility shall be membtrs of the Cary Commission. 2.2 Duties and Powers The stormwater management utility shalt have all powers necessary for the exercise of its responsibility for the draurage from all properties within the Ciry including, but not limited [o the following: (I) Preparation of plans for improvements and beircrments [o the s[ornwater management system. (2) Construction of improvements and betterments to the stormwater management system. (3) Promulgation of regulations for the use of the stermwater managanent system, including previsions for enforcement of said regulations. (4) Puformarrce of routine maintenance and mina improvement to the stomrwarer management system. (5) Establishment of individual utility fees for the connection end use of the stamwatu management sys<em. (6) Evaluation of water quality cotkurrs for discharges [o the stonnwater management system. ~: .~..~_. 13 Definitions: Unless specifically defined below, words or phrases shall be interpreted so as to give them Uk meaning they have in common usage and m give this ordinance its most effxtive application. Unless apecifa:ally intended othenvix, words used in tht singular shall include the plural and Ute plural the singular. words used in the present tense shall include. the future tenx. The wood "shall" connotes mandatory acrd not discretionary: the word "may" is permissive. (e) City shall mean [he City of Atlantic Beach including staff and elected officials. (b) Drainage area shall mean the watershed area contributing surface water runoff tv the Atlantic Beach stormwater management sysmm. (c) Impervious area means any part of any parcel of land that has been modified by the action of persons m reduce Ute land's nanrral ability m absorb and hold rainfall. This includes areas that have been cleared. graded, paved, graveled a compacted, or covered with suvcttrtes. All lawns, landscape areas. and gardens or farming areas are excluded. (d) Manager shall mean the Atlantic Beach City Manager tx designee. (e) Stormwater managemmt rtnster Plan shall mean a plan for receiving. handling. and transporting strnrt and surface waters within the City stamwa[er management system. (f) Stormwater means thaz part of the precipitation that travels over natural, altered, or improved surfaces to the nearest stream channel or impoundmen[; and that which appears in surface waters. (g) Slotvtwater ttransgement system shall include all natural and man-made _ elements used to convey stocmwata from the fvst point of impact with the sutf'ace of the earth m a suitable wUet location internal or ezternaludes ail boutrdazies of Ute t3ry. The swtmwater manageme ystt:m pipes. channels. streams, ditches. wetlands, sinkholea, detentioN retention basins, portdS, aad other stamwater conveyance and trratrnent facilities whether public or private. 1.4 Relationship to Comprehensive Plan: This txdinarrtz implements the following goal,and objective of the City Comprehensive Plan: (e) Water quality is degrading because of erosion and the discharge of nutrients, metals, oil, grease, and other substances into and through the stocmwater system. (t) The public health, safety, and welfare is adversely affected by poor water quality atd flooding resulting from inadequate smrmwaur management practices. (g) Real property either uses or benefits Cram the presence and operation of the starrrwater management system. (h) Use of the stormwater management rystem is dependen[ on factors tha[ influence runoff including land use and impervious area. (i) Florida local governments have authority t4 establish a stomtwarer utility pursuant to the home nde powers provided in the Florida Constitution and Chapter 166 zed Section 403.0893 of the Florida Stam[es. (j) The Florida Legislature, through the adopdtrn of Section 403.0893 of the Florida Stamta, specifically authorizes and encourages local governments to provide stormwater management services u a utility function for which service charges may be levied. (k) New and dedicated furrdirtg for the starmwater management program of Atlantic Beach is needed, and the levy of a stormwater utility fee is the most equitable method of providing this funding. (q The fedeml Clean Water Ace (33 USC 1251 et. segJ and implementing regulations m be adopted by the federal EnJvonmental Protection Agency (EPA) will require permitting of txrtaut municipal separate stormwater syuems m enstae that minimum water quality standards are met (m) The rnst of meeting federal EPA permitting standards is unknown at this time but could be substantial. (n) The establishment of a stornrwater management utility now will mitigate the vopact of costs associated witb the adoption of municipal separate stamwater systems permitting staodards by the federal EPA. (o) Adoption of a smrtnwater management utility program will generate revenues needed to implement the level of service (I.OS) standards contained in the Atlantic Beach comprehensive plan drainage eletnen[ and the capital improvement element adopted m conformance with the requirements of Chapter l63 Florida Statutes. ORDIN11NC8 80-90-43 AN ORDINANCE AMENDING THE CODB OP ORDINANCES OF THH CITY OP ATLANTIC BEACH, AMBNDING CHAPTER 22, UTILITIES, ADDING NSN ARTICLE IV TO ESTABLISH A STORMWATBR MANAGEMENT UTILITY PROGRAM TO PROVIDE GEIIBRAL PROVISIONS, DHPINB THE CUSTOMER BASE, CREATE AN ENTERPRISE FUND, PROVIDE FOR BILLING AMD COLLECTION, DEPIN6 SBVERABILITY, PROVIDING AN EPPSCTIV6 DATB. 1.0 GENERAL PROVISIONS I.1 Short Titlex This ordinance shall be known and may be cited as , the STORMMATER MANAGHMBNT UTILITY ordinance of the City of Atlantic Beach. 1.2 Findings of Factx It is hereby found, determined, and declared as follows (a) The City of Atlantic Beach maintains a systw management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as natural waterways. (b) Those elements of the Atlantic Beach storm and surface eater management eystw that provide for the collection, storage, treat- ment and eonveynnce of stormwater are of benefit and provide services to all developed property within Atlantic Beach. (c) The cost of operating and mintaining the stormwater management systw and the finenc- inq of ezistinq and future repairs, replace- ments, improvements, end extensions thereof should, to the ertent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom. (d) The atormwater management systw has received inadequate maintenance, and thus rehabilita- tion and replacement may be required. r PASSED by the City Coamiseion on second and finel reading, this day o£ , 1990. ATTBST: MAURBEN RING F/ILLZAM Z. GULLIFORD, JR. City Clerk Mayor, Presiding Officer Approved as to fozn and correctness: AI.RN C. JENSBN, ESQtlIRE City Attorney Pursuant to state law, the City of Atlantic Beach shall have a lien for delinquent or unpaid stormvater management service charges. Enforcement and foreclosure of said lien(s) shall be as provided by law. Interest on the unpaid balance shall be the highest rate as authorised by state law. 5.0 APPEAL PROCESS Any customer or property owner who feels that the SItU fee for their property has been assigned or computed incorrectly may petition in writing to the City Mamger or designee for a review of said charges. If not satisfied with the determination of tha City Manager or designee, the petitioner may ask for a hearing before the City Board of Adjustment whose decision shall be final. 6.0 SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity o£ the remaining portions of this ordinance. All ordinances or parts of ordinances in conflict herewith are to the ertent of such conflict hereby repealed. 7.0 EFFEf.TIVB DATE This Ordinance shall take effect immediately upon its final passage and adoption. PASSBD by the City Commission on first reading, this _ day of , 1990. MonWly Fee = (Number of F.RUs) x (Rate per FRU) A minimum value of one (1.0) ERU shall be azsigned [o each non-residential property. The impervious area of each non-residential property shall be detem»ned by the City manager or designee. The value of 1,790 square feet of impervious area per 1RU is a median value obtained from data for Atlantic Beach Monthly utility fees fa each F.RU shall be established in Section 3.0 of this asdirtance. 3.0 FEE SCI~DULE 3.1 ERU Rate: The fee per IItU billing unit shall be 53.00 per month. 3.2 Capital Improvement: At such time az a stormwater management master plan is completed and capital improvement projects are performed within specific sub~rainage basins, the City Manager or designee shall compute the amour[ of the capital project cost ro be allocated ro properties within each sub-basin. 33 Undeveloped Property: Initial SMU fees shall not be levied against undeveloped property thaz has not been altered from the natural state, as evidenced by a complete lack of impervious surface as defined in this ordinance. Fazmland, gazdens, and land- scaped areas also shall be exempt except for roads, parking, or strttctttres associated therewith Results of a stomwater management master plan for Atlantic Beach when completed, can be used to adjust the exemption for undeveloped property, when specific benefits to wdeveloped property aze possible to quantify. 3.4 Credit Factors: Property owners who have provided stonnwater management facilities in excess of the requiremenu of the Atlantic Beach land development code, and that are consistent with the stotmwater management master plan, when completed, may request a reduction in the SMU fee. Determination of the credit to be allowed shall be made by the City Manager or designee. The credit shall apply only m the portion of the fee above that required ro cover common fixed costs of the SMU program 4.0 ENFORCEMENT AND PENALTIES u:. E . (a) Equivaknl residential unit (ERU) shall mean the basic unit, derived from data for Atlantic Beach used to compute individual SMU fees. (b) Impervious area shall mean any part of any parcel of land that has been modified by the action of persons to reduce the land's natural ability [o absorb and hold rainfall. This includes areas that have been cleared, graded, paved, graveled, or compacted, or covered with structures. All lawns, landscape areaz, and gardens or farming areas are excluded. (c) Manager shall mean the Atlantic Beach City Manager or designce. (d) Multi-family property shall include all residential developmem not classified az single-family residential. (e) Non-residential property shall include all property caned or used for commercial, industrial. retail, governmental, or other non-residential purposes and shall include till developed real property in Atlantic Beach not classified azsingle- or multi-family residential property az defined in this ordinance. (f) Single-family property shall include all single-family detached residenfial dwelling structures. All other residential development shall be classified azmulti-family. 2.0 UTILITY FEE CATEGORIES 2.1 SinglrFamily Property: Each singlo-family property shag be considered one 1~tU for billing proposes. Data for Atlantic Beach indicates that each ERU haz a median impervious area of approximakly 1,790 square feet. Moodily utility fees for each ERU shall be established in Section 3.0 of this ordinance. 22 Multi-Family Property: Each residential wit of multi-family property shall be considered as 0.6 ERU for billing purposes. Monthly utility fees for each ERU shall be established in Section 3.0 of this ordinance. 23 Non-Residential Property: The monthly utility fee for all non-residential properties shall be calculated in accordance with the following formula: Impervious Area (Sq. Ft.)/1,790 =Number of ERUs ORpiNANCS 80-90-44 AN ORDINANCE ANBNDING TH6 CODS OF ORDINANCES OP TH6 CITY OF ATLANTIC BEACH, ANBNDING CHAPTER 22, UTILITI65, ADDING UNDBA ARTICLE IV A SBCTION TO BSTABLISH STORNNATER HANAGEHENT UTILITY RATBS, TO PROVIDE GHNERAL PROVISIONS, DHFINE FEE GTEGORIES, ESTABLISH A FEE SCHEDULE, SET HNFOACHMBNT AND PENALTY PROCBDUAES, ESTABLISH AN APPEAL PROCBSS, DHFINE SEVHRABILZTY, AND PROVIDING AN HPFECTIVE DATE. 1.0 GHNHRAL PROVISIONS 1.1 Short Titles This ordinance shall be known and may be cited as the STORMNATER MAIiAGENENT UTILITY (SMU) FEE ordinance of the City of Atlantic Beach. 1.2 Pindinga of Pact: It is hereby found, determined, and declared as follows: (a) The City of Atlantic Beach has established a SNU by separate ordinance. (b) A utility rate structure has been prepared that establishes an operating program budget of planned expenditures. (c) Adequate revenue for the planned expenditures shall be provided by application of the utility fees es established by this ordinance. 1.3 Definitions: ' Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most effective application. Unless specifically intended otherwise, words used in the singular shall include the plural and the plural the singular; words used in the present tense shall t include the future tense. The word "shall' connotes mandatory and not discretionary compliance; the work "may' is permissive. ~ - ~ - sNn e...w ~..wa s ns..w• nmcweoraw.•x.s++~. r. m~e /~(a0e1 ttl4MI s FAX (WS)725-0111 to j;> ~ ~ ~ ~-~o w - ~/ fAX No. ~ ~ ~- ~ z 2 y GENTLEMEN' WE ARE SENDING YOI/ VIA TELEFA% . ~~ TOTAL PAGES'. L Shop drarnn`s '_7 Prints Il Plans ;:] Coq OI IalUr 1VChante order L.:- a0 1 i i~ U Samples U SpKificati0ns THESE ARE TRANSMITTED as checked lwIOW ~FOr approval C Approved as su0mrtteA I' Resul%nil. J For your use L Approw0 as poled ~ $Ilbfnit _- f: Aa requested C Returned for corrections 'l Relurn_ L For rwie• and comment -. -- r FOR BIDS DUE 19 C PRINTS RETURI RE~MARKS~/.~s^ ~- E.r ~c n lir~~+n/~L_O ~ ~~~ .~1..: ~/ n D / G ~rL~ n QI ~~~~, copies fa approval -cODiu for distriWtion -corrected priMa iE0 AFTER LOAN TO US f1f.i1 - a I COPY TO_ .__ -._ S:GNEO: u ..mm..,„ ... .er .. .xn..,.wr wart ..r .w.. -.. /~// 90 ., o , 0 1 . -T _ _.._ CIIANGEORpER ~--~ ` C' C Na .Ilmnucunns on revere sdel PROIEC'1' Section °H" Imnrovemen[s DATE OFISSUANC'G: OWNER: C7 tY of AU antic Reach 716 Oeeen Blvd. (Nunn P,O, Box 25 Addrtsst Atlantic Acnd+, °1. 32233 CONTRACTOR: lne. OW N ER's Project No. Berco-Duval GngineerSnR, 75R7 Wil ann Al vd. ENGINEER. Jecksunv111r, PL 32210 Bessenc, Uammaek, 6 Buckman, Lse CONTRACT POR'Peving, Drainage, Water b Sever SRE04.DN ENGINEER'S Prujcd Nu. You ve duated to rtsake the fdlowirlg changes in the Cantrut Documents. IXxription: Extension of contract Cime. ILrpofe of Change Order: Extend contract time for time lost et stare oC Prelect due to ncml[5 no[ he1nR issue) nn schedule and to timo ]ns[ [n redesl Rn due [n uncxpented Rround conditions. Attuhments: Il~st documents supPOnmg ehangel CHANGE IN CONTRACT PRICE: CHANGE IN C'ONT'RACT TIME. Origrrlsi Cunlroct Price Original Comnct'I'im< aFn f~, n nsr )5 r••nrr. fkevious Change Orders No. to Nn. Nct change Irum Previuu> C'hangc ONen 30 f rn Contract Price Pllor to Ihie Change (hder Contract Timc IYior m this Change Order 390 S_ rnKrn Nd Increase (deereaael sd this Chengc OrJcr Nm Incrcau Necrtaul o! thn Change Order f o nD ~ -- -- r.. Comwt Price with all aDProved Change Urden I Cnnsraa 1 ime with all aRRmsed Change Orders 460 S -" r rn.r wr, ' RE('OMMENDRU AI'PRrJV EU: APPROVED: ~. by bv. ..-_ rr.z, b> ~..~r. UCDC Nu. 191 g~D (I'lgJ ^inm YIf(r[O ar t1Y lrym n lu n 1 rwnK: UD[uln[nrr l'Yf..mn.r[ ~M f rNr^rJ Lr I h( M...erN 1 x.mJ t iii nrm. ra b~%rna. " 5126'02" NEST, A DISTANCE OF 55.87 FEET; THENCE NORTH 17002'15" NEST, A DISTANCE OF 280.60 FEET; THENCE NORTH 1706 4 7" NEST, A DISTANCE OF 527.21 FEET) THENCE NORTH 23009'59" NEST, A DISTANCE OF 805.89 FEET TO THE POINT OF BEGINNING. CONTAINING 67.8 ACRES, MORE OR LES9. THE ABOVE LEGAL DE8CRIPTION I8 BASED ON SURVEYS AND MAPS FOR 'f HE AR@A AND DOES NOT REPRESENT A FIELD SURVEY. e-. r BOATWRIGNT LAND SURVEYORS,INC. LEGAL DESCRIPTION FOR: The Haskell Company A PART OF GOVERNMENT LOTS 1, 2, 7 AND S, SECTION 8, TOWNSHIP ~. 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA AND BBING MORE '~. PARTICULARLY OESCRIBSD AS FOLLOWS: FOR A POINT OF REFERENCE, ', COHNSNCE AT THE NORTHWEST CORNER OF FAIRWAY VILLA9 AS ~- RECORDED IN PLAT 900K 39 PAOE3 22 AND 22A OF THE CURRENT PUBLIC RECORDS OF 8AID COUNTY; THENCE NORTH 01042'10" WEST, ! ALONG THE EASTERLY RIGHT OF WAY LINE OF MAYPORT ROAD, (STATE i ROAD A-1-A, A 100 POOT RIGHT OF NAYA3 NOW ESTABLISHED), A DISTANCS OF 1340.37 FEET TO TNS POINT OF CURVATURE OF A CURVE CONCAVE. EASTERLY ANU HAVING A RADIVS OF 5679.58 FEET; THENCE NOR'tHSASTERLY ALONG THS ARC OF SAID CURVE AND ALONG SAID RIGHT OF NAY LINE, A DISTANCE OF 216.27 FEET, MAKING A CENTRAL ANGLE OF 02010'54" HAVING A CHORD BBARINO OF NORTH 00036'43" WEST AND A CHORD DISTANCS OF 216.26 FEET; THENCE NORTH 88017'50" EAST, A DISTANCE OP 240.00 FEET TO THE POINT OF BF(;1 NNING; THENCE CONTINUE NORTH 88017'50" EAST, A UiBTANC2 uF 60.23 FBBT, THENCE NORTH ALONG THE ARC OF A CURVE CUNL'AVE NUkTN R.A:iTSRLY AND HAVING A RADIUS OF 5379.58 FEET, SAID CURVE L'tZNO 300 FEET EASTERLY OF AND PARALLEL WITH THE EA97'EHL'L RIGHT OF WAY LINE OF SAID MAYPORT ROAD, A DISTANCE OF 532.35 FEET, MAKING A CENTRAL ANGLB OF 05040'12", HAVING A CHORD BEARING OF NORTH 03026'09^ SA9T,. AND HAVING A CHORD 028TANC8 OF 532.14 FBBT TO THE NORTNBRLY LtNE OF SAID SECTION _ 5; THENCE NORTNF.~9TERLY ALONG THE NORTH LINB OF 9AIC SECTION 8, A DISTANCE OF 973.87 FSET TO THE EAST LINE OP SAID GOVERNMENT LOT 2; THENCE SOUTH 01008'25" EABT, ALONG SAID BAST LIN-a OF GOVERNMENT LOT 2, A DISTANCE OF 137.52 PEST; THENCE NORTH 85053'39^ EAST, A DISTANCS OF 751.37 FEET TO THE N48TERLY RIGHT OF WAY LINE OF BBLVA MARINA DRIVB, (A 100 FOOT kIONT OF WAY A9 NON ESTABLISHED, FORMERLY OLD SHERRY DRIVE I; THENCE SOUTH 04006'21" BAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OP 891.49 PEST TO THE POINT OF CURVATURE OF A CVRVS CONCAVE NORTHEASTERLY ANO HAVING A RADI UB OF 2914.79 IEET; THENCE 30UTHEASTERLY ALONG THE ARC OP 9AID CURDS AND 8AID NE9TERLY R1CHT OP NAY LINB, A DISTANCB OP 640.66 PEST, MAKING A CENTRAL ANQLS OF 12035'36", HAVING A CHORD BEARING _. OP SOUTH 1002 4'45" BAST, ANO A CHORD DISTANCE OF 639.37 FEET TO THE POINT OP TANGENCY OF 8AID CURVE; THENCE SOUTH 16041'57" EAST, ALONG 9AID RIGHT OP NAY LINE, A DISTANCB OF 125.43 FEET; THBNCE SOUTH 89041'39" WS9T, A DISTANCE OF 933.19. FEET TU TNR NR9T LINE OF GOVSRNNSNT LOT 6; THENCE SCUTH 89039'22" WEST, A DISTANCE OP 105.81 PEET; THENCE SOVTH U01 iF.11NAN IgAO SUITE "0'• TELEP"ONE JACKSONVLLE BEACH, LIORIDA ]Y150 2~ f ~l550 EXHIBIT A ", ~~ Please Type or Print in ink Applioetion Fev 079.00 APPLICATION FOR •USE RY 6YCEPTIOH• Date Flled~ Aso ember ,?{~,~ ],y,~0 ___ Neese end Address of Orner or Tensnt in Poseeaeion of Premiaee~ Naval Continuing Care Retirement Foundation. Inc. _____________________~____________ Phone _ 111 Riverside Avenve, Suite 200 _ Morkf__246-9900 or 791-4770 - Jeckeonville, FL 32202 223-1634 ___________________ Hoaof ______________ Blreet sddreea snd lepsl deeoription of the preaieee se to rhich the •Uee by Exoeption• is requeeted~ _ 42g_~i?gL_43ndin9.~.nu~.evard" ?!~?~L~~9xAS'.ti._F3:._31.x3~ _________________ Legal deeoription attached. A deeoription of the •Uee by ExoepLion• desired, rhioh shell speaitioally snd p~rtiaulsrly dreeribe the type, ehareoter end extent of the proposetl •Uee by ExeeplSon•1 _ Sale and use of alcoholic beveragea__________~___ ___________________________ _______________________ Speoitio reseans rhy the epplieen! Stele the request should be grentedi _ IS hoe alvayp bgggf,~,g_jytt~DS_Fleet_Laadiaq_L¢_aeLYe_alcohnlic_______ ~b~~e~ayea ae_an ini~ral_past_p~_thS_ZHSIEIItl¢¢61~t¢d_di¢inq...aecei_ces___ _ prog=ame_ee_deacribed in tpe application for change in zoninq___________ claeeifica t_i_on d_a_t_ed _J_u_ne_1_7 ,_1988._ T_he_ eeelication _d_i_d__n o_[ s„pecificall,~• mention the Bale and use of alcoholic beverages. Fleet Landing is for the private use of Ste resident end their guests. The facilities ace zoning Claesiilaationf______________________~____~ closed to the public. -- l~^Yf' ~ ~ PUD Sipnelure o! spplioant/eppliesnt'e n^ ure o2 orner of the proport y. authorized spent or attorney. IS lioetien eanno! be processed spent or attorney, include letter ithout ornery alOneture. Frew epplioent to that etteel. i Applioant~ Do not~ll-in beyond thi^ point. Horeverr be prepared to respond to the lollorinQ itess~ ,~.., . ~~~. FLEE ~~ u9+IR~A ~~~~1 //''~~ ~1~DI1~G Gip umr W daa IteC~ USR lPal. C+a Rm.n L-vw•m. t~ uSr+R+sl. Distinguished Lifemrn Living for the Retired Military Officer September 27, 1990 Re: Pleet Landing City of Atlantic Heach 7l6 Oceen Houlevard Atlantic Beach, Florida 32233 Deer Sir: C•ol huv, w Myxn ail u5NR IR.a 1 Cyt lluo T Cdeean. USN IRC. i W R. ~ c,ew u5N IRe~ 1 Cd. J 1lowera Oum. uSUC Fn+ RApA R Byrn FJer, u5N IRn 1 R r.IWfi w u...A,x. MC USN (Rw I Cps Jo'n P vacWarc. u5N (R• I Lpy~~s~.F~e'eroicat tae~sm USN IRpI .vaar R Wale o A Thia is to confirm thnt Thomas R. Brennnn Sa our authorized agent for the development of the Fleet Landing project. Sincerely, RAD oa ph L. COl~pSN (Ret) Pr des Nai51 Continuing Cnre Retirement Foundation, Inc. VPr/1003 2405 Mayport Road • Atlantic Beach, Florida 32233 • (800) USA-USIV-1 • (9(?A)246-2322 s s CITY OF ATLANTIC BEACH CITY COMMISSION REPORT STAFF REPORT AGENDA ITEM: Consideration of an application for "Use by Exception" filed by the Naval Continuing Care Retirement Foundation, Inc. for the sale and use of alcoholic beverages at the Fleet Landinq development. SUBMITTED BY: Thomas E. Bowles, P.E. Director, Community - Development DATE: October 17, 1990 BACKGROUND: In accordance with the Zoning and Subdivision Regulations, section 2d-63, Uae by Exception, the - Community Development Board at its October 16th meeting heazd the request of the applicant. The Board, Sn a 5 to 0 decision, recommends approval of this request with the condition that the sale of -. alcoholic beverages be limited "within the site of the club house, pool deck, and attendant recreational facilities." RHCOMMENDATION: ATTACHtIENTS: 1. Application for "Use Dy Exception" REVIEWED BY CITY MANAGER: (~ AGENDA ITEM ,~~. ~. AUCTION: ll/l7/90 BICYCLE LISTING, CONT'D -FROM POLICE DEPARTMENT CCRO BICYCLE DESCRIPTION 90-01064 Rlue Ming Bike, Calif. Malibu Nopper, Nhite Front Forks 90-01936 Blue Beach Cruiser, Serial /88011860 90-03091 Rusty Chrome, Black Frame, Pree Spirit 90-03406 Brovn 3 speed, Free Spirit 90-04599 Black Schvinn, Deluxe Typhoon, Chrome handles 90-04763 Earth Crufeer, Reddish Brown, Serial 0£2091764 90-04895 Black Columbia, Yellow Tires, Nendgripa, Serial 021001181 90-05694 Blue Girls, 10 speed, Free Spirit 90-05741A/B Tvo Red Earth Cruiser 90-06601 Sears 3 speed 90-06608 Girls Red Beach Cruiser 90-06996 26" Beach Bike, Rio Cruz 90-07147 Blue 10 speed, Murray Specera, bad condition 90-07211 Schvinn 10 speed, Black, Baby Speed 90-07435 Ruffy 18 speed, Black Hountian Bike 90-07533 Blue/Orange 10 speed Bike 90-07769 Beach Cruiser, Black, Serial OP334181 90-08390 Nhite/Black Gooseneck, 10 speed, Radnor Trailblazer 90-08866 Mena Red Beach Cruiser Auction: 11/17/90 Miscellaneous - FROM POLICE DEPARTMENT 89-06038 AN/FM Cassette Stereo Model (260500260 89-06038 AN/FM Cassette Player Model 1402739 89-06414 Motorcycle Helmet 89-10019 Black AN/FM Boom Box 88-09897 Realistic 100 Watt Solid State P.A. Amplifier 1102556 90-01995 Realistic Nova 10 Head Phones 90-01663 AN/PN Sharp Portable Stereo 90-01663 Midland CB Radio 89-02948 Smm Movie Camera Ou[f it 80-00198 Holmes-Eduard sterling Silver Flatware Se[ - 89-09154 MicoEye Aadar Detector, Model tXRR100, Serial 18127669 - 89-09154 Ford Factory AM/FM, Cassette Player, Serial iE7TF18K843-AB Regency Mobile Radio, Model iRFH252B, Serial 1305-A697081 2 - 3 Drawer Card File Cabinets, Beige Pioneer Casaetie Deck, No Serial i Sparkomatic Cassette AM/FM, Serial iH563243 Rodak Teledisc Camera, No Serial Number AUTOlK)BILES OBTAINED BY FORFEITORE 1977 Ford Fan, Serial No. E048HY32912 1980 Chevrolet, Serial No. 1Z878A5401498 1980 Toyota, Serial No. RA42360305 1981 Chevrolet, Serial No. LAB689RBY196524 ~"- ~' ~: AUCTION: ll/17/90 BICYCLE LISTING - FROM POLICE DEPARTMENT: CCRd BICYCLE DESCRIPTION 89-6551 Blue Girls Nuffy, White wall tires, Serial dC8221426414 89-6635 Huffy, Blue Body, Pink Handle Bare, Serial /81688 89-6893 Red Girls Bike, Woolco, Serial iHC3132282 89-6938 Black mene 10 speed, Open Road Sitrov, Serial dHC4889018 69-7118 Grey Girls Bike, Huffy 10 speed, Serial dHC7910635 89-7183 Girls Pink Huffy, Serial !26456 89-7415 Girls Beach Hasten Plnk, White Tires, Serial dE021800 89-8177 Red Ten Speed, Dunhill, seat missing 89-8178 Silver 30 speed, seat and back tare missing 89-8426 Nonda SOcc Scooter, Black 89-8586 Huffy Scout III, Yellow and Red 89-8723 Beach Cruiser Black, Rusty 89-8764 Bike, No description 89-8809 Blue Beach Cruiser, No right pedal 89-8886 Solar Plane, Aqua Green, lock attached, Serial dE8G083051 89-8906 Red l8 speed, Mouni San Bike, Guage, Serial dCR713118 89-9280 Brown Beach Cruiser, Bent front rim 89-9520 Orange Beaeh Bike, Black Bandle Bars 89-10803 Girls Plnk b White, Setico Classic USA 89-10841 Green Schvlnn Girls, Basks[, Baby Chair on back, older model 89-10877 Blue LO speed Girls Bike 89-L0988 12 speed Black Royce Union Bike 89-11025 Red 26" Bike Poe. 30 speed, Serial iHCC354867 89-11333 Green Murray Cruiser, Serial dT2297349 89-11462 Blue Beath Cruiaez, Ralle, Foam Grips, Serial dA8043546 89-1156C Grey/Black Mountian Bike, 5 speed 89-11627 26" Red Mena Cruiser, White Tires, Chrome Rims 89-12129 Beach Cruiser, While, Black Grips 89-12305 Bike 89-12450 Pink/White Cirle Cyclepro Aafder 89-126(5 Blue Girls Beach Bike, Solar Wind, Black Foam Handlebars 89-12824 Blue 30 speed, Free Spirit 89-13106 Bright Green Earth Cruiser, Serial /F6057862 90-00025 Blue Mongoose Hinf-Scooter, White Grips 90-00214 Girls Blue Beach Cruiser, Sand Blaster x' >',~- k r SURPLUS PROPERTY FOR AUCTION FROM PUBLIC UORRS: 2 ho-Ton Floor Jacka 3 Pro Movers 1 Asphalt Roller 1 Tool Box - 2-Piece 1 1977 Chevrolet Pick-Up Serial No. CCD147A183954 1 1983 Dodge Pick-Up Serial No. 1B7FD14EDm5446476 1 Cement MSxer 4 Challenger 5-Pt. Mover Decks 1 Tool Box for Truck 1 Paint Striper for Stree [e 2 Green Machine Weedeaters 8 1100 x 20 Tires 2 1000 x 20 Tires FROM SEWER PLANT• 1 Homellte 11-H.P. Riding Lav~over 1 Homelite Pueh Larnaorer, 18" Wide, 3.5 H.P. 1 Echo Weedeater, Model 250E 1 Trailer (used for transporting riding mover) FROM FIRE DEPARTMENT: 1 Bunk Bed Frame 2 Bunk Bed Mattresses 2 Trin Box Springs 2 hin Mattresses CASE NUMBER: 90-6133-CA IN RE: ~c~,~9a,od~~G 3 s C; IN THE CIRCUIT CWRT OF THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DUVAL CWNTY. DIVISION: CV-H FORFEITURE OF THE FOLLOtVING DESCRIBED PROPERTY: 1981 Chevrolet Serial No. 1AB689XBY198S24 FINAL JUDGMENT OF FORFEITURE This cause came on to be heard on the State of Florida's Complaint for Rule to Show Cause and for Final Judgment of Forfeiture, and the court having entered its Order for Rule to Show Cauca on the 21st day of May, 1990, and such rouse having not been shown, and the court finding that the 1981 Chevrolet, Serial NO. IAB689XBT198324 was used in violation of Florida Statute 932.701, it is: ORDERED AND ADJUDGED that the 1981 Chevrolet, Serial No. 1AB689XBY198524 Is hereby forfeited to the use of, or the sale or transfer by, the Atlantic Beach Police Department. DONE AND ORDERED in Chambers at ]acksonville, Dwal County, Florida, this day of cs^m~ ~,» JUN 211990 ISI fREDFRICK B. TYGARI CIRCUIT JUDGE COPIES TO: Reed V/. Grimm, Esq. 600 Dwal County Courthouse Jacksonville, Florida 32202 Thomas A.7. Howell 2470 Seaway Court Atlantic Beach, Florida t ~ IN RE: FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY: 1980 Toyota Serial No. RA42360305 IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DUVAL COUNTY. CASE NUMBER: 89-01335-CA DIVISION: CV-H FINAL JUDGMENT OF FORFEITURE This cause came on to be heard on the State of Florida's Complaint for Rule to Show Cause and for Final Judgment of Forfeiture, and the court having entered its Order for Rule to Show Cause on the 27th day of March, 1989, and such cause having not been shown, and the court finding that the 1980 Toyota Serial No. RA42360305 was used in violation of Florida Statute 932.701, it is: ORDERED AND ADJUDGED that the 1980 Toyota, Serial No. RA42360305 iz hereby forfeited to the use of; or the sale or transfer by, the Atlantic Beach Police Department. . DONE AND ORDERED i/n'~Chambers at Jacksonville, Duval County, Florida, this ~'~ day of ` ~ 79~. COPIES ": O: SIGNED: HENRY F. MARi1N. 1R. CIRCUIT JUDGE Charles W. McBurney, Esq. 500 Duval County Courthouse Jacksonville, Florida 32202 t_y., '~ Wayne-FF.~amilion .~-,tai-.t ~~ `„I~~~~r 85 west stn street c.L;c"~-c.r~~' Jacksonville Beach, Florida 3O 30 . ~, ~Z-ua IN THE C RCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DUVAL COUNTY. CASE NUMBER: 90-9668-CA DIVISION: CV-H IN RE: ' FORFEITUREI OF THE FOLLOWING DESCRIBED PROPERTY: 1980 Chevrolet Serial No. 1Z878A5401498 FINAL JUDGMENT OF FORFEITURE This cause came on to be heard on the State of Florida's Complaint for Rule to Show Cause and for Final Judgment of Forfeiture, and the court having having entered its Order for Rule to Show Caux on the 8th day of August, 1990, and such cause having not been shown, and the court finding tha: the 1980 Chevrolet, Serial No. IZS78AS401498 was used in violation of Florida Statute 932.701, it is: ORDERED AND ADJUDGED that the 1980 Chevrolet, Serial No. IZ878AS401498 is hereby forfeited to the ux of, or the sale or transfer by, the Atlantic Beach Police Department. - DON~E'nAND ORDERED in Chamlxrs at Jacksonville, Duval County, i ~ da of ' 19~' Florida, this _~ Y SIGNED: HENRY F. MARTIN, 1R. CIRCUIT JUDGE COPIES TO: Reed W. Grimm, Esq. 600 Duval County Courthoux Jacksonville, Florida 32202 Clyde V. Waye B-4 j Montgomery Correctional Institution s 4727 Lannie Road i Jacksonville, Florida 32218 IN REs FORFEITURE OF THE FOLLOWING DESCRTBED PROPERTY: 1977 Ford Yan Serial No. E04BHY32912 c IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DUVAL COUNTY. CASE NUMBER: 90-6323-CA DIVISION: CV-B eel #90- ooa yi s FINAL 7UDGMENT OF FORFEITURE This cause came on to be heard on the State of Florida's Complaint for Rule to Show Cause and for Final Judgment of Forfeiture, and the court having entered its Order for Rule to Show Cause on the Sth day of June, 1990, and such cause having not been shown, and the court finding that the 1977 Ford Van, Serial No. E04BHY32912 was used in violation of Florida Statute 932.701, it is: ORDERED AND ADJUDGED that tlx 1977 Ford Van, Serial No. E04BHY32912 is hereby forfeited to the use of, or the sale or transfer by, the Atlantic Beach Police Department. DONE AND ORDERED In Chambers at 7acksonville, Duval County, Florida, this e? O day of ~tt-A~ , 19 9~ COPIES TO: Reed W. Grimm, Esq. 600 Duval County Courthouse Jacksonville, Florida 32202 Edward Long 2020 Cecil Road Atlantic Beach, Florida 32233 i i a/ 11a,lor B. Hardin; CIRCUIT JUDGE CIif OF An •mrrC DPACH CIi° COlPQSSIOII TteEl'INC SiAFP REPORS AGP,ImA I1'@f: Request chat certain City property be declared surplus and thereafter sold at public auction on Saturday, November l7, 1990. SORIITI'® BY: Joan LaVake, Purchasing Agent DA18: November 12, 1990 6AC[G800t01: The lest annual auction of the City's surplus property vas held on October 28, 1989. The receipts for chat auction totalled 55,729.96. Among the properties proposed for auction this year are fifty-flue (55) bicycles, which appear to be in good condition, and four (4) automobiles which were forfeited [o [he Police Department by judgment of the Duval County Courts. One of these automobiles, a red 1980 Chevrolet Corve[[e which has been parked at the Police Department the pas[ few weeks, has stimulated a lot of interest and inquiries, and has become [he "star" of the auction. After determining the value of [he Corvette, a decision was made to require a minimum bid of 54,000.00. Also, in connection with the automobiles, we have mailed notices to 40 automobile dealers and collectors, advls ing them of the auction. QPAOMffi1DA7I0~: That the attached lists of items be submitted to the City ' Commission thac they may be declared surplus and thereafter disposed of ac public auction on Saturday, November 17, 1990. ATfAC8hE1R3: Lists of items propo~end for auction. YBVIPfi® 6i CISS MAl1AGlZ: ~pJ/. ~~ J ~ AC®A ITH! 110. ~ . E' (ic. .~ o O o 0 ~ ° o °o P < N n ~ N (/j h 6 s W V _ O V L S C ' z n r _ O y p T p O V N'J Z ~ Y I Z C tl _, L • • • J I ° uv ~ m ~ - ~ - ' p)2~6 f 0 ~ O nom ~ .~ ~~. ~ ~ < - .l . . Y Y a u>Lm y Y w 4.., M E. Y O N O umbra > O U w Lp.C~ ~ T ..r ~p y ~ C n •.uu G - ..~ ~T ~ O y Ew -6 V O C Y ~ V- ( ~ ' H p I C.+W9V - _ N P O N m.r +1 6~ I Y~nO < y „n ,0 6 01 y . _ m s. C V ti y I q V F'O N9 o F M C p O o Ly ~ .uGU \ 4 O= X m . i Y e d y ~ ~ N O U ~ . ir 4. Y ~ G 9 U 'J ~. i J w N V UON in ~ O d .] `E u O t C U A dUN Vtl~ _ O q p . ~ p U O ti f"OL p L C b C F0000 > Sp x . .N Y C s ¢ <Nm a <N y O ~ f a .. yY %Y ! j Y mi ~~ OmL .. V _ a F }~. ~ Y+~ ~ ~ ~ ~ C L +:~ ,~ L J d NO.~O F O C c } w I r I z < C e E .. u 0 i f 6 4 6 G ~.n~._._._,.. CITY OF s~Clattle $eatlc - ~lmuila ~i-,..______.- _ -_ ___.._..._ Na veaber 6, 1990 M E M O R g N D U M TO: Kie D. Lrinbach FROM: Rober[ S. Kosoy RE: Invoices for Nater Test )I6 OCEAN BUL'LEVAAD P. O. BOX 25 ATLAYI]C BEACN, TLORmA i223J TELEPHONE19M12~92196 In Septeaber 7990, water tests required by the Duval County Health Departaent were per forced by First Coast Environaental Laboratory, Inc. The cost to the City was (7300 for each test, one at Plant 3 and the other at Plant 4, for a total of (2600. Two other laboratories were contacted and their quotes were f3B00 and f2702 to per fora the tests. It is Hereby recoaaended that the invoice frog F: rst Coast Envi ronaenta] Laboratory be approved for pa yaen t. These tests are required every 36 •onths at a ainiaua. However, the Health Departaent does reserve the right to require •ore frequent testing. RSK/ck cc: File CITY OF ATLANTIC PEACH ~ CITY CDMMISPIDN MEETING STAFF 6tEPORT r~ AGENDA ITEM: Appzoval of Payment for First Coas[ Environmental Laboratory Inc SUBMITTED PV: Harry McNally/~i6 .Gos~r~ DATES 11-02-40 BACKGROUND: First Coast EavitonmenCal Land analysis potable eater at the tvo Buccaneer Water Trea[ment Plants as pet DER zequirement. RECOMMENDATION: We recommend that the invoice be approved for payment. ATTACHMENTS: I/IVOK'C 3689 ~ //~G~9O A7t~o bran R3K h KvL kEV1EWED HY CITY MANAGER: ~ - _. AGENDA ITEM ND. D J Honorable City Comnleaionere Cicy of Atlantic Beach, Florida -3- October 16, 1990 RESPONSE: This letter correctly seta forth the understanding of the Cicy of Atlantic Beach, Florida. By: Da[e• ... ~ ~, ._ Honorable City Commies loners City of Atlantic Beach, Plorida -2- October 16, 1990 An audit ie based primarily on the selective [eating cf account 3ng records and related data; therefore, wr audit will Svvolve judgment about the number of transactions to be examined and the areas to be tested. AB required by the Single Audit Act of 1984, our audit viii include teats of transactions related to Federal asalatance programs for compliance with applicable laws and regulations. However, because we will not perform a detailed examination of all transactions, [here is a risk that material errors, Srregularitfes, or illegal acts, including fraud or defalcations, may axle[ and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention, and will include such matters in the reports required for a Single Audit. We udderatand that you rill provide us with the basic infarmatioa required for our audit and that you are responsible for the accuracy and tomple[eneea of that informtion. We rill advise you about appropriate accounting principles and their application and rill aeclet in Che preparation of your financial etatementa, but the reeponslbillty for the financial etatemente remains with you. This responsibility Sncludea the maintenance of adequate records and related controls, the selection and application of accounting principles, and the safeguarding of assets. He understand that your employees will prepare a limited number of audit schedules and viii locate any invoices selected by us for testing. We expect [o begin our audit on approximately December 3, 1990, and tc issue our report no later [ban January 31, 1991. Our fees for the services set forth above rill no[ exceed {I5,000.00 for the basic audit. We rill 6111 you as rork progresses up to 56Z of our fees, final payment will be made upon acceptance of the audit sport by the City Commission. Our fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances rill not be encountered during [he audit. If significant additional time is necessary, re will discuss it rich you and arrive at a ner fee before re incur the additional costa. The terms of this engagement may be revered for the year ended September 30, 1991, with the mutual consent of both parties. Ye appreciate the opportunity to be of service to the City of Atlantic Beach, Plorida, and believe Chia letter accurately summarizes the elgnSflcant terms of our engagement. If yw have aay quest lone, please let ue knw. If you agree with the terms of our engagement ae described in Chia letter, please sign the eneloeed copy and return 1[ [o us. Very truly yours, PURVIS, GRAY AHD COMPANY er L, ndley, ~A. Audit Partner - JLH/db Bncloaures October 16, 1990 ENGAGEl4TIT LETTER Bonorable City Commieeloners City of Atlantic Beach, Plorida 716 Ocean Boulevard P.O. Box 25 Atlantic Beach, Florida 32233 We ace pleased co confirm our understanding of the services re are ca provide for the CS[y of Atlantic Beach, Plorida, For Che year ended September 30, 1990. We will audit the general purpose financial statements of the City of Atlantic Beach, Florida, as of and for the year ended September 30, 1990. Also, re will Snelude in your report the following supplemental information that will be subjected to the auditing procedures applied in our audit of [he general purpose financial statements: .. Supplementary Schedule of Federal Pinancial Assistance. .. Combining Statements By Fund Type, Individual Fund or Account Group Statements and Supporting Schedules. Our audit will be a Single Audit made in accordance with generally accepted auditing standards; Goverment Audit Standards, issued by the Comptroller General of the United Scatee; the Single Audit Aci of 1984; and the provisions of ONB Circular A-128, Audits of State and Local Governments, Chapter 11, Florida Statutes; the Rules of [he Auditor General; and will include teats of the aecounting records of [he City of Atlantic Beach, Florlde, and other procedures ve consider ceceeeary to enable ue to express an unqualified opinion that the fiaanc ial statements are fairly presented, in ell material respects, in conformity with generally aeceptad rccounting principles and [o zeporC on [he City of Atlantic Beach's compliance with lava and zegulacions and 1te internal accounting controls as required for a Single Audit. If our opinion is other than unqualified, re will fully discuss [he reasons with you Sn advance. Our procedures will include teats of documentary evidence supporting the [ransaetlons recorded io the accounts, and may include testa of the physical eaistence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors. and banks. We will request v[1[ten repreaen[ac ions from your attorneys as part of [he engagement. Ac the conclusion of our examination, we will also request certain written representatlone from you about the financial s[atementa and related matters. CMIfKd YYMIr ACCOY111aMf 222 NOrlheasl Frst Slnrel • Gainesville, Honda 32601 • Telephone 190415]&2361 • FA%190913:&2501 ~ A.W.K. INDUSTRIES, INC. P.O. Box 585211. Orlando, Fl 32858 Telephone (407)293-1329 Fax (407)293-1329 ' COMPANY: C:t OF (;/(.4Ar:G '$p~ DATE: /0-~-90 -- ATTN: ~,M -~~nS<nc~ FROM: N~OA.~r Zi?~i05 ~i SUBJECT: ~.o~t. PLEASE ACCEPT A TOTAL OF ~ PACES INCLUDING COVER PAG£ ~ -aa.. .. P.0. Box 585211, OrIarICO, F132DSB (4071293-1329 JC I~ l 1 O~ O No. O s I E AND ESTIh1ATE Page No. of Pages 110 l 509YInfD TO ~t of ~L,Pnre. I~r.¢r!•A. PNONE GATE /o -023 90 70.0} ~O, .O29E/rA: ~ JOB NAYF :m, An Alo ae coo /oE foauon E' / rer~C 3J.z33 i 1AWTftE OAEE OF runs 10P PHONF «s wwr aaxx fe ty11g1 nftlrWl.M mw mcneatY 4r tlv cwnxaLw+.l. i I ~1 n I ~~ SPR7l1 S/00 /(eSIR"URG (yliLwS~r1L ~Oi/%foQ FO.C ~T4G C6iCor%./e (s()f~ SPnsa.e. -TiccLuo/rs /VC9.Q S~e~l~ oF' /l'Itmbean~s .c. ~°L.~7-.e~GY~ ,4'.t~ 5'99. oy .6's, /9g, od ,' /~ ~ Prn A71usqTDG %icc,~/ve• ' _ _ ~~ Reund' G/r be.T . _-, Iy /, S~4S,O0 6 643•QO /sire - - - No ad.(~/E.na1 p P R 0 ih • ~ ~~n~~n. 2:1990 WE PROPOSE noreoy le Arran mntcnai a::e muer-eanPkm naoaw sDetl'~5q:;ons~e~~618CACN "RfEE18~NBD+~'- ~ Bl1G WBRNC naPArrv-~+ ' tW14n IS 1. +r.a«.e b ma. ~ --._~-- +' .LmN . Wl:l.l :v b a b t.et k• u .L:> m c tmJC.r x 1 L Otl i' wtt.-.. - .i ~ . rm xx:O nskK<ti:l~av vcm.W. P~14M,i'C ~x.Ln ltl rt lA bxi .1.- Atr<: ttVR btOlKi'.0.4 YrtL'.t( tt 11 A I.L %G[:Y{G Cfl W}i ntltT y1 L i :n / i 't thi L1':3 Mr !~ i'YJrt /K G d.t N i('KAYb Yf .Y.tl YiM C 1J I [K [ : ' 1 tIC< x ylCtl O,ner k u rr 5 <, Jmb4 M0 eNe rkcew Cte^.xe C tai i.• k ii : N<:>il~ I b~ te.;:ts T <e+ron r CaW.a;a4x. nx•irce .~:+::..a Cj Yt :1 rtt xe: ~ bi4 ACCEPTANCE OF PROPOSAL ix Ya.e pan x: ~ miens 1^4 Lec,ar: rY iIiLKW11X lei tt'(11 KL:J~CC lLY IrC iY1•L:VtC b W'u'.~ •i:-~ fl l~:i~L. Pll ELI ... ,. ~ f W:c1C H>w y ~~;~.~.. ~~/q~ C!k 414ttPYett __ _ __ >_ t v: t .. -.> ..._ , _ i Received verbal quotes from: 1) AMJ CORPORATION Chemical reading type monitor $7,238.00 2) CAPITAL INVESTMENT Combination electronic and chemical type monitor $14,000.00 ~_. ~._ , I CITY OF ATLANTIC BEACH CITY COMMISSION HEFTING STAFF REPORT AGENDA ITEM: Approval of Purchase of Total Residual Chlorine Monitor for Atlantic Beach NNTY. BDBMITTED BY: Tim Townsend/Robert Kosoy ~~ V DATE; November 7, 1990 - BACKGROUND: The Series 5100 Total Residual Chlorine Honitor with [he Bristol Babcock 2 Pen Recorder is a simple electrode probe that will continously record the chlorine residual. The unit will be compatible with existing recorders which are Bristol Babcock. The unit has no annual ma in[enance or chemical costs ocher than the nominal replacement cost of [he probe tip end. The measuring and transmic cing unit has no moving parts and [he electrical par[ is simple and easy to maintain. Both the FDER and EPA permit require Atlantic Beach co have continuous chlorine plant recorders. The Cicy received verbal approval from [he EPA [o wait until after [he star[ of [he budget year [o purchase these chlorine monitors and ve must make every effort to meet our extended deadline. The funds for [he above is coming from the Sever Budget account 535 - Improvements other than building. REC0I4gNDATION: I[ is recommended [hat we purchase the monitors and recorders for $6643.00. ATTACtDffNTB: proposal from Af7. Induscries Inc., Catalog Sheecs, and comparable prices /~ ~ iJ~ REVI ENEO BY CITY MANAGER ~~/Aq~/~y//J~///J)/ /A//// ~I U' L(/p AGENDA ITEM N0._~ ,~ _._ ~ .. Nr. Rim Leihbach C1ty of Atlantic Beach November 9, 1990 - Pago 7 1 hope this latter properly describes the City's expreaned interests. The work ve propose to undertake will be in support of the City's desire to aosplete n Comprehensive Plan for submittal to DCA on o~sb1foo8e~ thi~r~ Nldovember. Please advise ' me if you have any Qu ~ Approved: CITY OF ATLANTIC 98ACB GEE i JSNSON B-A-P, INC. .,oJ... n!9l90 Deta Date APPROVED AS TO FORN AND CONTENT C ty Attorney Date ~ (-~(( ~ XfjSaN 1~Y 4J: N~J~I.t 1~ Kr.w. YY n Nr. KiID IRSnbach city of Atlantic Beach November 9, 1990 - Page 6 q. Remove reference to City's intentions to adopt regulations permitting module hones and provide supporting statement for such action. h. Revise hurricane evacuation writeup to (1) refloct City's hurricane preparedness plan; and (2) emphasize City's past efforts (as yet fruitless) to have Atlantic Boulevard grade (location outsifla City) raised to eliminate flooding conditions. i. Ascertain a reasonable Hate by which a matter Drainage Plan can be completed and determine if modification of DCA's stated target of 1992 is feasible. j. Eliminate commitment by city to conduct a survey of housing conditions and development of a housing improvement program. k. Reflect the City's capital improvements/funding plena currently being developed and adopt as necessary to meet the requirements of the Capital Improvements Element. The above listed ravislons, necessitated by the expressed dnsiroc of the City Commission, represent modifications to our recommended approaches for overcoming objectives expressed in the DCA report dated July 10, 1990. Due to the circumstances of our having completed our work assignment to incorporate appropriate provisions to help achieve a "complying" Comprehensive Plan, Gea & Jenson believes the requested modifications desired by the City Commission at its October workshop constitute additional services beyond the scope of Addendum 4 of the firm's current agreement with the City executed September 3, 1990. Accordingly ve request authorization to exceed the amount of Thirteen Thousand Two Hundred end Fifty Dollars ($13,250.00) by an amount of Three Thousand Eight Hundred Dollars (53,800.00), the amount estimated to make the revisions listed in (a) through (k) above, make necessary related revisions to ensure consistency in the Comprehensive Plan, revise the report listing "Responses" to DCA and submittal o! revised text, and maps to the City. Authorization to exceed the agreement amount, as noted above, can be provided by returning a signed copy to us et your earliest convonience. GFI 6 JENSON Fy,.r.. .v. nx~rc. rw...., .. Mr. Kim Lelnbach city of Atlantic seach November 9, 1990 - Page 5 additional items will be completed and forwerfled in approximately ten days. The position axp ~s arpi Y~ ti ens raised for discuss on by the workshop meeting eq staf! and consultant indicate6 that, contrary to the thrust of our work effort to lnoorporata language in the plan to achieve aocaptnnce by DCA, in aoaordance with thtet:s ec~s on our agreement for edaitional services executes by Y September 3, 1990, the City Commission vas not inolined to aacopt certain positions expressed in cur revisions. The city Commission indicated that ie would not accept rwisions planh'tohibe Sfolund bin ~eomplianee•~ were~not ivlewed tee prnotical, feaeibU or necessary by the City to properly guide future growth and development. My notes include the following positions expressed by the City Commission et the workshop: a. Revise the text, tables, and puture Land Use Map to show aliminntlon of the RH (high density) residential designation in the extreme north beachfront area and substitute RM (medium density) residential resignation. b. El lminnte reference to lurthnr comtruction of dune- bythe Citytrvgubstitute languageemny bednpPrcpriate.Lion e. Eliminate expressed commitment by City to aonduot a study at City expanse to identify critical zasouzus and habitats (substitute request thnt spend interest groups volunteer assistance for this effort). d. Revise tart to indicate modified stretsgy for meeting parking needs to mupport beech acusses. Htapbaaise county ens state responsibilities. e. Explain lack of funding sources ae impediment to providing housing to meet needs of lowest income households and mention City's current eLforts to establish a community Development corporation. f. Delete reference to Landing request for historical resource survey ens note city's intention to seek assistance from Beaches Eistorical Society. n Nr. Eim Leinbach City of Atlantic Beach November 9, 1990 - Page d compliance with the statute and rules. The burden to prove otherwise rests on DCA and the city's determination of complinnca shall be sustai:ied "if the determination is fairly dabatabls° (167.3180 (10)(e)Chapter 163 F.S.)- The Administration Commission, if it finds the plan to be not in compliance, will recommend remedial actions to the City. d, p~g~f that once the City adoppts tea Comprehenaiva Plan and Lorwnrda it to DCA, a lindinq of noncompliance results in initiation of a formal plan amendment process with two public hearings (with iuatrtcompl tir~g fora tho einitial had ptions th~istvill itrvolvs time and expense for the city. In adflition to the above events, the £ollowinq "may° occur: a. Ths Administration commission may direct state agencies not to provide funds for increasing the capacity of roads ienotth eligibllec tocreceivs grant funds i(CDBG) tFRDAPCand Revenue Sharing. b. Tha Commission may also inform DNR of the City's plan status and suggest that due consideration be given that fact in seviewlnq permit applieationc. c. The Commission may take similar action with regard to th¢ male or lease of lands by tba Board of Trustees of the Internal Improvement Trust Fund. 3, her Work Effort BY cee ---- ~.. v.,hlic Nsarinc. Our work prior to the OCCOber workshop vas completed at your direction and involved extensive revisions as contained in the report yrovidsd the City entitled ~t* ; of Atlnn*~c Beach Work not completed prior to the workshop or resented thereat included: Capital Iaprovemanta Eiement, revised Existing and Future land Use Naps, responses to DCA comments regarding ccnaiatsncy with Regional Policy Plan and nun¢rous page references left blank in the "Response° listing. Theses Gtt 6 1fN50N tw. •r.. %~•:•a o, w, •.>~, rr n Nr. Rim Uinbach City of Atlantic Beach November 9, 1990 - Paga 3 forwarded to DCA otter adoption end a copy of the advertiaamant and sigma ordinance should accompany the latter of transmittal along with a typod listing of responsaa to the DCA report Qatad July 10. 1990. The listing should accurately reflect enp revisions 1n the City's response as a result of motions passed at the conclusion of the public hearing. In addition, any changes made to the plan which are not in response to DG objsctlons end comments must be identified. wa will provide tho City with a new rover and first page hearing the adoption data. g. I suggest that a statement be included in the letter o! transmittal ineieating that the additional time required by the City in raviaing and adopting the compreheneivs Plan vas required to tally consider the numerous obj actions contained in the DCA report as wall as to coincide witb the extensive consideration of city's capital facility needs end prioritise. 2. geetetemen of ianlic bone of Actions by DCA on tho Aa pointed out in our presentation at the October workshop, the Comprehensive Plan may not be found to be "in compliance" due to positions of the city Commission on several mattara by DCA. It that should ba the case, eaveral events M111 occur ss follows: e. The City ttanager or Mayor rill receive a telephone call from DCA advising that the plan has been found to be "not in oomplianao". b. A quarter page ad rill appear announcing pCA'e intent to find the plan in noncompliance. c. The Division of Administrative Dsarings will content the city to schedule an sdministrative hsarinq at which time the hsarinq officer rill hear arguments Dy DCA and the city, after rhiah the hearing officer will folwrard hie/Bar findings to the Administrative Commission for final disposition. DCA allows ten days for the City or other parties to file a%ceptions to the recommended order of the heari+~g officer. Incidentally, in the hearing, the City is presumed to have a plan which is in eri a i[usor+, a •...: ti:~ :... ...:....... xr. Kim Leinbnch City of Atlantic Beech November 9, 1990 - Page 2 Tea City of atlaatio 8esoh, Tlorida propoeaa to adopt a rwised Coaprenaaeive Plan for tea cite area iadloatad 1n she map Dalor rhian eha11 iaolua• pprovisioaa for future load use, traflie ~. oiraulation, public faoiiitiee, housing, saereatioa an6 Dyed epaoe, ooaetai mtaagpeat, ooasarvatioa, oapitai laprovament• aaa related mati•re a required Dy Cnaptaz las, Tloriaa statutes and mule fJ-S, rioriaa Administrative Coax. The ppublio nearing rill be held in tns City ComYission Chaabera st the City of Atlaatia eeaoh City Hall on (sass) at (time). interested parties dap appear ane ba heard at the meeting. Tha City Commiaaion Hill eoasidar the i appropriataaeaa of the proposed coapreheaaive plea 3a iaiag the future grortn dad development o! the City dad shall ooaeiaer oomunts prsuntaa at the pnblio hearing. Tollorinq enah _ ooasiderationa tea city comalseioa map adopt the Comprenaaeive plan by ordinance SL it ie toua6 to b• appsopriate aaa sulfiaient to nerve the inunaea purpoaar and, it ana11 be forraraea to the Tlorida Department of coauaity Affairs ae required by lav. Copies of the proposed Comprahenaive plan are availabis is tbs city 8anager•• ofliw, City 8x11, 716 Ooeaa aoulevara, Aslaasio eeaon, Tlorida, Lor publio perusal. {The map referred to above must include names of major streets and ahoy tae boundaries of the city). d. As noted in the suggested edvartiaement, the Comprahansive Plan must be adopted Ay ordinance vita the favorable note of a majority of the City eommieaion. e. The public hearing should ba held on a yeekday approximately five days after the advertisement is published. Thin means the advertisement should appear on Or prior to Noveml»r 21, 1990 for a November 26, 1990 publio hearing. f. One copy of the Comprehensive Plan is required to be n O[[aJOr60w November 9, 1990 Nr. Kim Leinbaeh, City Manager city of Atlantic Beach P. 0. Drawer 25 Atlantic Beech, FL 32237 Re: Final Work on Comprehensive Plan 06J Project No. 66-426.3 Dear Ktm: As a result of the meeting Jim Park and Bill Armentrout attended at city Ball on Wednesday, November ~, 1990, we have analyzed the revisions required to be made to the comprehensive Plan prior to adoption at the November 26, 1990 meeting of the CSty Commission. You indicated a preference to have the public hearing schedula4 for that date as a convenlonce for the Commissioners. Before going into the matter o£ the apsoifio work we propoas to undartaY.e to carry out the general philosophy and cpacitlc directives of the City Commission st its meeting in early October anQ the discussion Sn your office on Wednesday, T believe it nay be helpful to address some related matters in the hope that it will expedite the process over the next few weeks. They ere as foU owe: 1. Advertisement of Public Hearira pad Adoption Procedure. chapter 1s3 r.s. provisions require the folivwinq prvcaduras: a. The advertisement for the public hearing must be not less then one-quertar page in a standard size or tabloid sine newspaper. (This requirement applies because chmgas era proposed in land use wtagorles and map designations). The headline shall be not leas than la point type. b. Ths advertisement should not be placed in the section of the newspaper where legal notiaas and classified advertiaamants appear. The newspaper moat be one of general interest and readership in the wmeunity, published at leant live days par week (an exception to the five days per week publication is permitted When the only newspaper in the Community is published less frequently. c. The advertiseaent should generally read as follows: e19~! bNW,t (vaC .Sure 5i0. Ja<xcwiNiw. i vx W S<[~b . Ywrtxn.,SP~ . c.1% tNKiJWi~tle~i tl S" F CITY OF ATLANTIC BEACH, FL CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Supplemental authorization for Gee 6 Jenson, Inc. to pzepare a revised response to the Florida Department of Community Affairs regarding the content o£ the City Comprehensive Plan. SUBMITTED BY: Thomas E. Bowles, P.E. Director, Community Development DATE: November 9. 1990 BACxGROUND: At a special meeting of the City Commission and the Community Development Board held on octobez 3rd, Gee and Jenson, Inc. submitted plan documents consistent with the "Objections, Recommendations and Comments (oRC) zepoxt pzepazed by the Department of Community Affairs (DCA). These plan documents were prepared with the intent of gaining for the Clty the acceptance of the Comprehensive Plan by the DCA. These documents were substantially cons latent with the tezms of Gee and Jepson's contract with the City for final submittal of the Plan. During Lhe couzse o£ the evening's discussion, the City Commission responsed to the DCA's comments in a way which was different from the responses pzepared by Gee and Jenson. As the meeting progressed, the Gee and Jenson staff was asked to zevise Sts zesponses to the 'ORC' repozt to reflect the contzadictozy desiz es o£ the Commission. The attached proposed supplement to the cuzzent contzact relates to the anticipated level of expenses arising from a re-writing of the zesponses to the "ORC" report and final pzepazatlon of the Plan. RECOMMENDATION: ATTACHMENTS: Supplemental contract pzepazed by Gee and Jenson, Inc. REVIEWED BY CITY MANAGER: /1~ AGENDA STEM N0: ~1 V_ ^' CITY OF r~a«tle S"taelc - ~la~uda October 16, 1990 1180CEAN BOVLEVABD P.O. BOX 1b ATWNI7C BEACH. PWBmA 87!93 iELEPNONE (MME 1A9-Zi96 TO: Barra Duval Contracting AT1N: Berry Berm FROM: Mn. 5. Howell, Project Mereger~/1 RE: Ire 0rotcF+er Property end Ca,elie Street between Hest 1st ad Nest 3rd The Ciry Coemissim of Atlerrtic Beach at a special nesting held last ni~t~ October 15, 1990, has urderetl that erry furtrer work in front of the P~'cPer'tY orn•ed b7/ Mr. Ire 0ratdnr m Meet 10th, Hest 9th, aW Cemelie Street be stopped until furU+er inetructime which will be Sewed eFUr the City Connisaion meeting of 11/12/90. fey furtter ordered Tint awale work on the Mast side of Caielia street between Hest 1st Street and Mest 3rd Street. Further instructions on this will be following the 11/12/90 meeting. ~ .~' hr. Nilliam Snelling Connelly & Nicker Noveaber 5, 1990 - Page Two 5. Nhat happens east of Blocks 65 aid 66 on 10th Street? Propose curb ends e[ block limit line. Is water trapped in swalea et this location? 6. No calculation of treatment volume is supplied. Nha[ criteria was used to set swale volume. 7. NO coat estimate of proposed improvements were supplied. Mhat cos[ savings un be expected. 8. No construction or scdificationc are soled on [he north aide of 9th Street. The north Bide of 9th Street was also [o be revived. 9. N7 ~deratatding was that driveways for eziating usage were to be established. Mill proposed curb and gutter support heavy con- struction equipment. 10. Contract drawings show sewer a~ water service extensions to serve 10th Street to Bayport Road. Nny were the utilities capped at mid-block. Please forward 7~' recponaea to these questions along wish full drawing Bets amd calculations to me at your earliest convenience. Sincerely, BBSSBNT, BAMiMCK & RUCRMAN, INC. ~~~ Nilliam R. Leyion, r., P.E. , Director of I+ relopmeat NRL/jcps ee: R. Kosoy, Atlantic Beach B. Howell, Atlantic Beach [. Leiabacb, Atlantic Beach R. Brown, SJRNlID Y. Schweake, BNR P. Doub, BNR 3!-~.~.. r~~3pp~~y' 1:,ti Bessent, Hammack & Buckman, Inc. "+'J ~. 'r~~_-. CONSULTING AND DESIGN ENGINEERS _ Jf~~ hn~~!'a -'r,. 1900 CORMIRATE SQUARR BOU LEVwRp IJACK50IiYILLE. P11)RIDA ffi318~eW1]315991 IACKSO.\\'11. LFJTAM PA Noranbar 5, 1990 Ur. Nillio Snelling ~-~ •~ Connelly S Nicker - P. 0. Soz 51343 Uacksoorille Baacb, PL 32240-1343 Subjaet: 10th and Orchid Streets Atlantic Beuh Section H BIDt Project 52404.08 - ~ -~ - Dear Rr. Soelliog: - ~ Na have raviexed your proposed redecign of the above-referenced ai[e es shorn os Sheet 2 of 6, dated November 1990. - Ne have the following questions: 1. Nhara does the rotor from the orals north of 10th Street go? There does not appear to be an outlet to this swale on your drawing. 2. If the exale is designed as a percolation basin, swale roluse lust equal [he five-year stors runoff volume. 3. Volume of swale does not appear [o be large enough to handle runoff Eros adjacent lots and road construction. Nere adjacent lot areas addressed? 6. Using your listed bottos elevation and the ezisting lot grades of approziamtely 12.0, the swale will oot fiz into the available rightrof~ray. 8:aaple: Station 19+00: Centerline Grade = 11.36 Top of Curb = 11.29 Rotten of Swale = 9.62 Difference in~8levation = 1.67 Width of Pore Slope at 4:1 = 6.68 Peet 8: Grade = 12.09 Difference in Sleration - 2.38 Nidth of Sack Slope at 3:1 = 7.14 Peet Total Nidth of Swale = 13.82 Nidth of Rightrof-Hay Available = 11.5 Peet (per Drawing) ~~ ` PosFn brarvrlax vnnsmn tm.mo~ •en.p..•~ a ~af'~0~,'f1V ~~ r. „ C i)Al1l• 1J a. Engineering Inc. ~ _ q~_ cep "~ _2 ~' Florida 32210•S33S • 904/2n•1513 ..~tis w. -/_ ~ _'--~ LE7TER ff TRANSTIITTAL 10/18/90 ;,cc 3213 7o; Beseent Hammack S Ruckmen Catz Attn: Wallace Santlers 1900 Corporate Square Blvtl. FL 32216 Sup;ect Section 'H' Improvements i UackSOnville, - y~ pqE ;Erp1ND vou: XX Attache0 Untler separate cover the fol'_~ning items: .ME c AAE TRANS.+!I7TED XX For Aoprovai For your use As Reauesteo ~ AS Ct£CXED E~LDw: _ AGPrcvet as S~tmit-ea CC _ For Reviex ~ ment _ Returne^_ °.,: C::rtec-icn Resutmit __ cuimii _ ~- l'etup` Copies icr ecov- '..GDieS `at Dlairl. rc'-'."' Fr_nts _ _ ApptoveC/NCteC For BitlS Cue ~ other ~, 19` Pr-nts Returned after t.can tC us. Remerk5: S1DrED „ti~a~ers ~ -~Jmre- Cer~.s ~ Martna L. Moore-Ferris cc: 1 ~'1ad~ I _ 5hap Dtanings Prini CcpY of Lette: ~_ Specifications ~' °lans Xx Cnange Cr^-er Samples ~ Otner ~ nP 9~ i~ CHANGE ORDER N0. 22/WATER a SEDER SECTION 'H' IHPROVEHENTS PAGE ITEn D UANT I7Y UNIT PRICE AnDUNT DELETE 6' PVC Nater Hain 50 LF 5.70 (205.00) DELETE d' PVC Water Main 50 LF d.30 (215.00) DELETE 6" Tapping Valve 1 EA 1,270.00 (1,270.00) 6 Sleeve DELETE 6' % 4' Tappi nq Valve 1 EA 1,005.00 (1.095.00) 6 Sleeve DELETE Incidentals 1 LS 270.00 (270.00) ADD 6" PVC Water Hain 530 LF AOD 8' % 6' Tee 1 EA ADD 6' Tee 1 EA ADD 6' % A' Tee 1 EA A00 6' Gale Valve 3 EA RGD 4' Gate Valve 1 EA ADD 6' Plug 1 EA ADO Incidentals 1 LS (Barco nark-up, engi neerinq) 5.70 3.021.OC , 190. 00 190. D0 170. 00 170.00 160. 00 168.00 330. 00 990.00 286. 00 286.00 - 105. 00 105.00 470. 00 470.00 TOTAL FOR CHANGE ORDER N0. 22 T2,275.00 '.~; CHANGE OKDER 1lnstrucuons on revme sidU V u. 7) (r e v i c r. ri 1 PR0IECI': Section 'H' ImpIDVN'lent5 DwTE OF ISSUANCE: OWNER: Clty Of Atlantic Beach tNa~ 716 Ocean Blvo. Aadr<sup.0. Box 25 Atlantic Beach, FL 32233 CONTRACTOR: Banco- Duval Engineering, L,c. OWNER's Project NO.-_ 7587 Wilson Blva. .7aCksonvllle, FL 32210 ENGINEER: Be55ent, HamaCk 5 Buckman, inc. CONTRACT FOR: paving, Drainage, water 6 sewer ENGINEER'S Ptojen NO. `-E604.14 You ve direuKed to make the (oUnwing changes in the Contact Documenlf. ~scripion: Reroute water mains on west enEl of Levy Rd. between Main St. b Jasmine St. Purpose of Change Order. Auachmenua (LiA dtcumrnusupporting changN See attachetl tlrawing CHANGE IN CONTRACT PRICE: I CHANGE IN CONTRACT TIME: DriwrMl Contract Price I Onpnal Comrxt Tim< 5 3_310 OR4.75 ~ )A' nAY` a+. e. Wr Prenous Change Orders No. to No. ~ titt change from prev,ouy Change Ord<ra 5 I ~,. Conlracl Pace poor so this Change Order i Conuatt Time Prior to tan Change Order 5 u,.. ur Nel Increa>e ~pRgtgiRMu(this Change UNer I Net lncreax Idecreasel of this Change Or,kr 2,275.00 5 I ~ Comrxt Pace wiM all approved Change (hders Cumrxt Timc wnh NI appro.N Change Orden S . _ our RECOMMENDED: APPROVED: APPROVED: i ``Y ~ -- ~ 10' by ~~ Fspnv . _w. tv.v. EJC'DC NO. IYIU-B-B IYg)EJiuvm ...rum e.mrE.yrcm J..n:(svar:p<'+~x~n Cvm~.m...mro.+•..aarM e.w..xa c:.ee.v Cmmw:w.., •mre~.. ~ /1 NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... it--~~ iiii \L__JI ~~~~_ ..,tea.,, «.," ,~ ~~ , ~.~ i 7; J ~~~'_ NOTICE OF ILLEGIBILITY ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. .... it-~- ii~ii \L__JI ~~~i ,.~.,e,,.,~.a .,.,.y.,,.. ~uGVS*~LI! November 12. 1990 Mr. Klm D. Leinbach. City Manager City of Mantic Beach 716 Ocean Boulevard Atlantic Beach, Florida 32233 mwmxuuxusmrrt nrEaur~einnwc stxr»s .~.oaonvus.nom.uaiz oo~eu-us1 Deor Mr. Lelnbach: I am pleased shot Urbon Planning Servk:es. Inc. NPoI continue assisting the City Of Atlantic Bench h revttaltrJng the Donner Subdivision through the use of the Deportment of Housing and Urban Development funds. This amended description of services u to perform the fotlowig tasks: . AdvYYd~a/xn: Coordinofe daily activities IncWding preconstmction meetings between contractor and residents, issuance of notices to proceed to contractor, requests for paymeMS by coniroctors. Cdhevl ~/tpv/aort. Work Sessions with neighborhood resldent5 and land owners. These sessbm w® address the fonowing topics: houshg rehabiROtbn bT clearing canmtatNy tlevebpment corporation ilorsip/TH+Fties 51.rwY• Assist city codes enforcement personnel b completing wrveys of housing corwitans and an ossessment of droinage conddioru, water and sewer avaibbility wiMht the target neighborhood. Lai Glea6tp.•Astnt city staff in directing lot Bearing actMt"les. lOA'1 P1agn7tt: Assist neighborhood residents b obtaining rehab'litatbn bons from the City of Jacksonvile Housing and Urban Deveopment Department. f3'gl Rleparh. Assist city staff in preparing the close out report for wbmiltal to Jacksonville HgWng and Urban Deveopment Department. The relmbusement of these services wi0 be on an hourly bosis at S65.00 per tbsu with the total 0061 ftai to Exceed 53.900.00. Th6 descripfkxs Of serVIC85 sha4 serve as a letter of agreement. Please sign bebw and return one copy to my office. 5ncereN• Stanley M. etgger~ L~ Urban Pla I^8 Servic ..Inc. Date: CAy Manager, Mantic Beach i .• .• .• ll]MOPIMINM~SrREA IMf Q41EM~1ULdNG SUR]E6 JMJSOtMIIE.nWIMIIIm WaITdGSI Dear Mr. Lelnbach: November 12, 1990 Mr. Kim D. Lelnboch. City Manager City of A1bnTic Roach 716 Ocean Boulevard Atlantic Beach, Florida 32233 I am pleased that Urban Planning Services. InC. will Continue assisting the Cify of Atk7ntic Beach h revital¢ing the Donner Subdivision through the use of the Department of Housing cdra Urban Development funds. This amended descripibn of services B To perform the fotlowing tasks: ~.~ Coordinate daily activities Including precorutruction meetings between contractor and residents, issuance of notices to proceed To contractor, requests for payments by contractors. CA'2an flaflcpolbn• Work sesskxu with neighborhood residents and land owners. mese sessions wAl address the following topics: hou5krg rehabil'rtotion kN clearing community development corporation /AOrsip/i/h7Mes SLs2y. Assisi city codes enforcement personnel in completing Surveys of housing condiYans and an assessment of drainage conditioru. water and sewer wailaWlity within the target neighborhood. Lot Ckeritg: Assist city staff in directing lot clearing activities. Lean PYppr7n: ASSiSt neighbomOOd resdents In obi0ining Bhabilitafion Loons from the City of JaciaanvAle Housing and Urban Deveopment Deportment. fib kepart. Assist city staff In preparing the close out report for submittal To Jacksonville Housing and Urban Deveopment Department. Ttre reMntxxsement of these services wiA be on an hourly basis oT 565.00 Per hour with the total cost not To exceed 53.900.00. This description of services shall serve os a letter of agreement. Reuse sign bebw and return one copy to my office. 9ncerely. C~fj~.4/..~//!y'~ c NarweY_My~<e~90 r urban ing Se ~ s.lnc. - Date: CAy Morwger, Atlantic Beach November 12. 1990 Mr. Kim D. leinbach. City Manager City of A!Iantic Beach 716 Ocean Boulevard Atlantic Beach, Florida 32233 aunoamwwsmn n[cuucunwnwc surt>m ucoarrvut.ndwmoz waeuxm Door Mr. Leinbach: I am pleased that Urban Planning Servkes. Inc. will continue assisting the Cily of Atlantic Beach kt revBaGZing the Donner Subdivision through the use of the Departmen! of Housing and Urban Development funds. fis amended descriptbn of seMCes s to perform the foNOwing tasks: AWN~rholbm Coadinafe daily activities Including preconstnrclion meetings between contractor and residents, issuance of rwtices to proceed to contracts, requests for payments by contractors. (7Hzen PorJki(oaliam: Work sesswns with neighborhood residents and land owners. These 58SSbf15 will address the following taplCS: housing rehabilitation lot clearing community development corporation /lordtg/IH3lier SLvey. Assist city codes enforcement personnel in completing surveys of hW5(r1g conditioru and an assessment of drainage cond'Rions, wafer arri sewer wailabil"ay wlttltrl the target neighborhood. Lai ~'L'rB: Asst city staff in directing lei clearing activities. Loan Ploprs7rn: Assist neighbomood residents in obtaining rehabilitation kwns from }he City of JacksonWls Hawing and Urban Deveopment Department. fiWl RpgOrl: Assist city staff in preparng the close Ouf report for submittal to Jacksonville Haring rind Urban Development Deportment. fie reirrtwrsement of these seMCes vnll be on an hourly basis at 565.00 per hour with the total cost rWt to exceed 53.900.00. This description Of services shoo serve as a letter of agreement. Please sign bebw and return one copy to my office. 9ncerery. I StdNey M. igger Urban PItl Ing SeMC .Inc. - Date: Crty Manager, Atlantic Beach CITY OF ATLANTIC BEACH, FL CITY COHMISSION MEETING STAFF REPORT AGENDA ITEM: Amendment of the professional services contract with Urban Planning Services, Inc. for work related to the Implementation of the Community Development Block Grant (CDBG) in the Donner SubdlVlsion. SUBHITEED 8Y: Thomas E. Bowles, P.E. DSzector, Community Development DATE: November 7, 1990 BACKGROUND: amendl geitstcontzactCwithCUrbansPlanningi5ezvices to allow this firm to administer the daily activities of the program, while the City awaits the azrlval of the new DSZectoz. There are mal or program activities underway which should be continued oyez the next several weeks. Two dwellings are soon to be rehabilitated and anothez three dwellings are to be bid for rehabilitation on Novembez 14, 1990. In addition, we are at the end of the first yeaz's contract, which means the pzepazation of program pezfozmance documentation pr Sor to being allowed to begin the activities scheduled in the second year. A balance of slightly less than 59,500 exists in the first year's budget for administzatlve salaz les. A 'not to exceed' fee of S3,900 (based on an hourly zate of 565.00 per hour) is zeasonable foz accomplishing the services identified Sn the attached amendment to the contract. The fees foz these additional services can be chazged against the 59,500 balance. RECOlQSENDATION: ATTACNHENTS: Proposed amended contract with Urban Planning 8erVlCes, Inc. Azticle from the Saturday, October 27, 1990 edition of The Florida Times-Uni n newspaper REVIEWED BY CITY MANAGER: "`~- "`' ""~' ~'~~ /J /J i ~y~ ~~~zgT/j~./' AGENDA ITEM NO.~ .. ~ `.:'CO itc'd t tSi i Bessent, Hammack & Ruckman, Inc. CONSULTING AND DESIGN ENGINEERS Wa,O~l iiY~Yi~6 Y>0 Os ~m(:a N1Y(N1,\l!ti(}t'AXI!b%'1.1:~'ANI,.I.\(.KY.\VIII F.. FIlMi1pA A314.XIM1]313®1 JACKSONVILLE/TAMPA October 30, 1990 Mr. 1Cim Leinbech City Manager City of Atlantic Beach 716 Ocean Boulevard P. O. Boa 25 Atlantic Beach, Plorida 32233 Subject: Atlantic Beach Section N BNR Project 58604.16 Dear Mr. Ixinbeeh: In response to requests frw the City of Atlantic Beach, we are reviewing [he grading of neveral ato]s]ater awalea on the Section M project. We have attended meetings with the City of Atlantic Beach and St. Jolla River Water Management District to review potential changes to tbese exalea. At this time, the a:tent of [be scope of our services for this work ie somewhat uncertain. We have opened a separate job nueber for accosting of our tine on this task s~ we would like to bill this amount on a ties! and auterials besis not to eaceed a budget of $5,000. Because of the fast-track nature of these requests, xe are proceeding with Chin work xiChwt written suChorization. Please review Chia request for additional service's eoapensa[ion and forward written confirmtion as authoriutiw. If yw have any question or need eny additional informe- tiw, please do not hesitate to cwtact me or Bill laytw. Sincerely, HESS BAMMAC[ & RUGRIMM, I:iC. /~~•.~~ PresCw S. Doub ee: Bill Iay[w ~~ ~~ TG: Jul 1e EWb Ufffce of Leneral Counsel FHU11: IH cha rd A'. Sn~1th bureau of wastewater ra nayement and Gra ntS DATE: December 31, 1984 SU6JECT: Chapter 1)-50.011, revenue Generation System A Westlon has arisen regardlrp the use of capital improvement account funds to Dey for tuwre sa nttary sewerage constrvctlon 1n1t1ated after the award of a state grant. Tne fuWrc capital lmprorement would be financed through bond sale or other loans. Could these bonds or other loans De partially (or totally) tttircd using the capital taproranent account fords? That is, can the capital improveaent account fund be used to Day back the print iDle as well a5 interest and Ot11er debt slrYiC! Charges asSOClated with the fuWre Droject) An example may help to clarifythe situation. A wnicipaitty gets a grant for a sewer project. In anticipation of a fuwrc sewerage project, the municipa l5ty sells bonds and begins to construct a new sewage tree tnent plant. The grantee then deposits the entire aaqunt of the grant as adjusted for inflation into the capital improreaxnt account using bond proceeds. The grantee then wtthdnws the money to pay off the fronds Issued for the new sewage treaLOent Dlant. It should De noted chat, 1n this arrangement, capital larprorenent account funds are Deing used to pay for non-constrvction related items such as engineering, legal, and fiscal (includttg interest) costs. Such a use of the capital improvearent account does not appear inconsistent with the intent of the rule: however, tt aces open up the QuesTlon of just what items have been included in the scope of the project for which bonds have Deen sold. Many times bonds are sold [o finance several different 'projects' and the bond proceeds are then 'co- mfngled.' Please provide your opinion as to any constra tots we face fn approving revenue generation systems which Sncorporate the principle of debt service payouts. Gar objective remains to approve the use of capttai improvement a count funds for the Sntende6 Durpose which is to facilitate fuwre construction whiUr will always inc luoe some elements of legal, fiscal, anE technical service costs. RNS/mw cc: Jerry herif ny '/ ~,r F:'MEKT OF Fp~V IPUIUdENTAl fiE4JlAlIGk J ~o.•^ ------- iNTEROFFICE MEMORANDUM - t,',^• - "" --- jw . oee... ~ w.on w.,,.~.« t t ~. o o•~.... IDU. o.,• _ o.v o.• _ _ ~ Tp; Richard Smith, Chief KN~I Bureau of Wastewater management and Grants FROM: Julie Cobb, Assistant General Counsel \ ~~,0 ~r Office of General Counsel /V~" DATE: January 9, 1985 SUBJECT: Section 17 50 017 F A C -Revenue Generation SYStems Pursuant to your request, I have reviewed Section 17-50.017, F.A.C., to determine if it imposes any constraints on a municipality's use of the capital improvement account funds to retire bonds oz loans obtained after the award of a state grant. As long as the bond or loan vas used to finance the construction of facilities which are appropriate for sewerage system capital improvements (as defined in S. 17-50.017(2)(b), F.A.C>, I know of no reason to discourage it. if you do want to discourage this type of use of the capital improvement account, I suggest a rule revision. JDC/khd ,~~ ,F~p9 ;985 . ~~ °TynE Dao.. al E.vtron°aTO µanu surtau et waa" s- .: l ~ N .~ o N Y n~ 1~ 1~ V O Q i '~ i i W K W j W ~ 6 :y5 =R B 5 0 8 ~ 3 g W p~ P O O O O o O O O O _ 0 C ~ Z$ a a ~ a 1~ c V a O N p ~ o O „ O Q ~ v ~ v W G W a O g 1~ ri 'O C g 9 C~ F $~ f~ S a f~ a Q f_j s~ r E N O E O O~ O Y& UW p $ O fl A + 6 ! v ~O-' SK Q Q Q L{ ~ ~ ~ ~ f~ O (~ ~~^5 $$ O ~ O S ~ yam O O ~ ~ R ~ ' _ ~ ~ ~ 8 R .. 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O N N N N N N ~ u a Q U O Z o ~ S ~ e ~ S o ~ ~~ 8~ ~ ~ S ~ s u ~ 8 ~ ~ ~ $ ~ ~ ~ i 3 - s 6 _ ~~5 ~a 3 ~°~ A ~ s 6 $ ~~8 F~ ~ ~oX ~ ~ a & ~ 6 ~ " F~ 11 O o v ? $ x n ~ ~ a ~ c j ~ aa 1~ ~ ~ m q Q ~~~ ~"a. 3 ~~~ ~ 3 ~~~ >~i ~i ~kn~ ~ n E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $ $ Q ~ S ~ vl S ~ ~ V a Y{ N P O ~ O ~ 'f ~ a j ~ ~ ~ ~ ~ „ ~ . ~ .~ ~ i ~ ~~ i ~ gg = F 9-', y~ o N ~, ~ 2 r 2 ~ ~ ` 3 ~ K g g ~ iN ~ Q p F n ~ g YA p ~ ^~ p ~ ~ ~ U ~ < ~ ~ N 8 _ 9~ 1 ~~ ~~~ ry k ~ ~ 2p5 ~ f 7 W 4 ~~"~ LL ,11~~`+ i < o~ep~°{~ o W~pppp{{°~vb p~ ~~30 k<3C~ OU ~~3~< a~3e~ ~31nO~~~rb Y w3 n~~~ co ~ o ro £ ? ~ 8 s ~ _ ~ _ _ 5 +t S '~ ~ ~ F a ~ x ~ _ h _ ~ ~ ~ _ tl d ^ ~ ~O ~~ ~q~000~++ ~p „ 33y aa: ~]~e 1 E U `p~~ d 8 Fs~ u 8Y a e. ~a 0 S ~ = i ~ R '~1 9o'` jl ~ o g g g ti~ q yy _ q F 8 1 ~ ~ g' y '~ w n n o s &n ~ ~ $ ~ a ~ ~ ~ y S ~ g ~ 1 iL 33 a y S py ~ o - { ~ ~ O a ~ QQ HI !1 p 4 '1 r ~{ n ~ N O ~ P O ,{ ~ 4 c~ C9 ~~ g a ~ a 'R Q n p g o '~ y q ~ F C U g'aW ~ ~ _ f~.'_ F ~ ' N _ _~., i ~' R q R $ H o H ~ 6 -. - a~ k3 ~ k:, ?~~~~ ~ ~ g~ ~$ ~ ~"a. 3~~~ ~ ~ ~ F ' $ _~ ~ F x ~ =n -^~ -- ~ax ~ a < ~ ~ ~~ A ~~T q~53 ~ ":, ~ ~ ~$ ~ ~~^ A~s e x -< - ~e ~ ~ ~~ =R 9-' ~ i 0 _ S° g a a i~i q {~$A ~ p p 3 K N ~' it ~'~' ~ ~ ~~ ~ ~ o~'~~ ~~~~ ~3~~~a ~~ !!GG rr u3 ~$4~ °o ~ `o ~ ~ ~ 4 5 ~~ 8 ~ & ~ a ~ _ ~ g "' x a s V R g - - x - R ~~ r ~~ o~ 0 W ti Sq ~~ ~~~ ~~ ~ ~ ~ Ig~,,._,., ~ ._n_.._ This funding plan will i as follows: - December 1990 - Febnury 1, 1991 _ October 1, 1991 - October 1, 1992 - October 1, 1993 - October 1, 1994 equire overall etirnattd system rate increase I3CflIndl0g W/o Refundine 0% 0% 21% 39% 19% 15% 5%(if to additional debt is required) 5%(if no additional debt is required) 5% (if no additiooal deb[ is required) Sererol factors have allowed n to develop a plan with projected rate increases lower than what might have been projected in the past These factors include the fact that we haves Consolidated system revenues by system (City. Buccaneer and Oak Harbor) and for wattt and sewer. Specific rotes will be developed to more fairly allocate this overall revenue requirement to water and sewer. Received a rvling from the Florida Ikpartment of Euvirotunen- tal Regulation (copy atnched) that will allow the pledge of Sewer Generation Charge rcvmue to deM aervia for sewer system improve- ment projects. This effectively adds approximately 5100,000 per year to eligible revenue for debt service coverage. Planned for the funding of major Renewal ~. Replacement (R6cR) projects with bond funds ahereaa system revenue Gave supported total RdcR in the past. I look forward to presenting this information to the City Commission on Mon- day, November 12, 1990. In the meantime if you Gave any question please do not heitste to all the at 247-0787. Very truly yoon, Michael E. Burson MEB/a ENC Norember 12, 1990 Mr. Harry Royal Fimna Director City of Atlantic ]fearb '~, 716 Ocean Boulevard Atlantic Beacb, Florida 32233 Dear Mc Royal: We are pleased to present the attached revised daft schedule regarding the City's water and ewer revenue, expense and rate projections These schedules replan the schedules transmitted with my letter of November 9, 1990. These revised xhed- ules present a summary of a Rerenne Suffttiency Analysis and a Funding Sources Anatys4 including a recommended rate plan to support the City's operations mainte- nance and apitsl projects financing requirements for the next five years. In summary these schedules show: o No rate inczeaae will be ntaasary to issue the Water and Sewer - Refunding Revwue 13onds Series 1990 in December, 1990. o The City's water and sewer opital improvements program will - require approximately 39.8 million of bond funding through FY ~. 1994/95 assuming maximum use of funding from impact fees and other furls available from current revenues. o A recommended fording program has ban developed as follows: - December 1990 55,000,000 Refunding lfoads - Febrmry 1991 55,000.000 New Money ]fonds - February 1992 55,000,000 New Money Honda 2305 Bach Ifoulwud • Suite f 04 • JuJcsomi0e lfadu Florida 32250.904/247-0787 ,:;, ., Y.. ,. CITY OF ATLANTIC BEACH, FLORIDA MATER AND SEMER RSPUNDING REVENUE BONDS, SERIES 1990 2INBTABLE Aa of November 12, 1990 w 10/22/90 Council authorizes finaneing teem to go forward , 10/30/90 First draft bond ordinance distributed First draft engineering report distributed 11/05/90 Conference Call to discuss Bond Ordinance - 11/06/90 Revlaed Bond Ordinance to Co®lission Draft Beaic Closing Documents 11/08/90 F1rat draft Preliminary Official Statement out ,~ 11/12/90 Comsisalon Norkshop oD Pinaacing. 11/16/90 Norklaq Croup mseting 10 a.m. (BS fi D - JAX) 11/19/90 Revised Preliminary Official Statement sad first draft Sond Purchase Agreement distributed; Revised (Final) Bond Ordinmce to Clty Clerk for Ageade Package >~ 11/26/90 Commission action on 15c2-12 Resolution, First Reading of 8oad Ordinance 11/30/90 Mail Preliminary Official Statement 12/03/90 Pist draft Verlfieetloa Report /f 12!10/90 Mackst Bonds; nlblle Hearing, Second Reading ~ead enactment of Goad Ordinance 7C 12/13/90 Sell Bonds; Commissioners to Adopt Award Resolution et 8psc1al Meeting 12/19/90 Prs-close Bonds (SSiD - JAX) 12/20/90 Close Bonds (SBiD - JAR) 7•N/~n.lww/MI/i31iN 1 CITY OMlII$$IMI MrElI3!!9P B64BIM1 CITY CM/I83IN1 CITY 1P ATLANTIC iBACB, PIAEIM tq'V@fEElt 22, 1!!t 7:15 ~.m. AGEMM ,~ a.~ F. N, I. Michael 6. Burton, President, Burton 6 Associates (F1nmc1el Advisor to the City) introduction of the flnmcing teem and purpose of workshop session ZZ. Bill Armentcout, Cee 6 Jensen Engihsers Architects Plesners, IIIC. (consulting Engineer to the City) Discussion of mgineering ceport III. Micheal E. Borten, President, Burton 4 Assocletea (Pinmcial Advisor to the City) • Discussion of capital plm Iv. Eobert O. 1-reeem, Esq.. Squire, Senders i Dampaey. (Bond Counsel to the city) Discussion of bond ordinmee and iasumce process v. Michael B. Button, President, Burton i Associates (Pinmcisl Advisor to the City) Dlacuseion of 2991 revenue projections end capital plm vi. puestiona and additional discussion ao.wun:wsaww I~ CITY OF ATLAETIC HBACE GPITIIL Il[PROVBIIEWT AHBBBSNSII'1' 1g1HT8f11TBE COLLECTIOY AND TREATH82T! 0.500 MGD Buccaneer Treatment Plant Expansion $300,000 Buccaneer Wastewater Treatment Plant Rehabilitation $750,000 oak Harbor Sever System Rehabilitation Seminole Road Lift Station i Flov Diversion Consolidate Buccaneer and Atlantic Beach WaStevater Treatment Plants Buccaneer Sever System Rehabilitation $450,000 $150,000 $7,300,000 5300.000 $9,250,000 IfATER BDPPLl, TR811T1I811T~ PDIIPIHG L 8TOR716E DER Consent Order Requirements 0.25 HG Reservoir At Buccaneer WTP No. 3 Nau Water Supply Well At Buccaneer WTP Rehabilitate / Expand Atlantic Beach Water Treatment Plant Water Distribution System Improvements 4/10/24 $560,000 $350,000 $100,000 $1,625,000 5725.000 GEE 6 JENSON $3,360,000 $12,630,000 1 ~~ Bessent, Hammack & Ruckman, Inc. CONSULTING nND DESIGN ENGINEERS 19U0 CURFIIRATE ]yUARE ROULO\'ARU r JACKSOAYILLE FLORIDA ]4416 i RW I iRI3931 J ACK5O.\\' IL LPIf.~MPA Noveeber 6, 1990 Hr. [ii Iainbach City Maoa~er Ci[y of Atlantic Beach 716 Ocean Boulevard p. O. Boz 25 Atlan[ic Beach, Plorida 32233 Subject: Atlantic Beach Section B Construction Phase BIB[ Project 58604.06 Dear Mr. Leinbach: Aa yw know we bare eztended the coetractor's ties for coa]pletion of the eoo•trmtioa on the Section H project. AC this tine the contract with Bareo has bean eztended 100 calendar days. Ne also need to eztend our comtroetion observation con[nct Co cover [bees additional 100 days. Ns lure eslculated our fees for the additional 100- day tine ezteoeion as follows: 100 Calendar Dates per 7-Day/Neck = 14.3 Necks 14.3 Necks tines 40 Nouns/Meek = 572 Hours 572 Hours tiawu $40.00/Hour (Piald BoBineec) _ $22,860.00 Thank 7ou for the opportunity to eootivue to offer our services. Me look forwaM to wrkin8 with yon toward the successful completion of the project. Please review this supplemast to our eoatract and ull ae or 8i11 Iayton if you Lre any gmstiom. Upon arRaca]mt as to scope and fee pro- posal, Please £orsatd written unfirrticm u anthorisatioa. Sinuraly, BBSSBNy, BMIIACn[ 6 RUCglAI(, INC. ~~~~ Preston S. Doub PSD/jepa ~..,.. MAILING LIBT - Page 2 Custom Construe [ion By Harris 648 Eas[ Union Street Jacksonville, FL 32206 353-5623 D a N Contracting Company 8803 Yeoman Drive Jacksonville, FL 32208 765-3149 Evans 6 Sons Construt [ion Company 5454 Agesen Road Jacksonville, FL 32219 764-5031 Jerry Fixel, Int. 11839 Brady Road Jacksonville, FL 32223 268-2191 Ray W, cross 10257 Fontana Court N. Jaekaonville, PL 12211 641-8236 N 6 M Industrial Services Group, Inc. 4744 Phillips Highway Jacksonville. FL 32207 731-3900 J. R. Nowell construction Co. 2474 Warfield Avenue Jacksonville, FL 32218 751-2113 Richard E. K¢nnedy 114 Jackson Aoad Jacksonville, FL 32211 358-1602 KSdaco Construction Co. 9435 Pleehet[e Avenue Jaeksonville, FL 32208 764-2676 Michael C. Halcolm Home Builders, Inc. 2042 Sweet Hrlar Lane Jacksonvill¢, FL 32217 737-9337 Mid-Town Builders, Inc. 1520 Goodwin street Jacksonville, PL 32204 388-9318 Munn/S iepson Builders, Inc. 1260 S. McDuff Avenue Jacksonville, FL 32205 388-2725 G. P. Peterson Construction Company 1621 edgewood Avenue Nest Jacksonville, FL 32208 765-1155 R. A. Pip1[one General Contracting 40 Halsden Road Jacksonville, FL 32218 751-3484 Prime Restoration, Inc. 1610 North Main Street Jacksonville, FL 32206 Proctor Builders, Inc. 1024 Kings Avenue Jacksonville, PL 32207 398-4404 Richard Stacey 116 Lora Street Neptune Beach, FL 32233 241-7121 Larry R. Strickland 11017 Wood Elm drive North Jacksonville, PL 32218 765-9967 Khoerov Taymouri 5933 Greenhill Lane Jacksonville, PL 32211 743-4675 Tillman Building Contractors 1032 Ingleside Avenue Jacksonville, FL 32205 388-3949 TJ Contractors, Inc. 1435 W. Church Street /11 Jaekaonville, FL 32204 642-4410 Trump Constructors, Inc. 4741 Atlantic Boulevard /B-3 Jacksonville, PL 32207 346-0054 s ~, 6. Bid No. 8990-23-R - NouafnR P.ehab ilitation NAILING LIST• McGowan 6 Mitchell Construction Co. Byrd Construction 6 Roofing Co. 2214 West 10th Street P. O. Box 19586 ' JacksonvLlle, Florida 32209 Jacksonville, Florida 32245 354-0331 720-2287 Nil liam L. Smith P. 0. Box 460 Glen S[. Nary, F7.orlda 32040 (904) 275-2944 Ahern Dixon, Inc. 2215 S. 3rd Street Jacksonville Beach, FL 32250 241-4357 Allen Construction Co. 327 7th Street Atlantic Beach, PL 32233 249-1787 Banco-Duval Englneering, Inc 951 Orchid Street Aclaacic Beach, FL 32233 247-0955 Barre[[ Rowan Construction Co. 684 Sturdivan[ Atlantic Beach, FL 32233 249-8127 Paul Davis Systems of Jacksonville 3521 St. Augustine Road Jacksonville, F1. 3220) 396-7471 Deveon Group 6837 Phillips Parkway Drive North Jacksonville, FL 32256 262-3885 Glenn R. H111 Contractors 11435 Mandarin Road Jacksonville, FL 32258 268-3713 Hsrk Kredell 1855 Beach Avenue Atlantic Beach, Florida 32233 Nr. Jerry Butcher DARECO, INC. P. 0. sox 56470 Jacksonville, FL 32241-6470 498-6200 Haftco 370 5. 4th Avenue Jatkaonville Beach, FL 32250 241-0028 James/Allen Group 1074 S. 10th Avenue Jacksonville Beach, PL 32250 241-4399 Steve Jarrett Construction, Inc 302 3rd Street Neptune Beach, FL 32233 249-2121 Tom Sturdivan[ Sturdivan[ Construction Co. 3666 Lenox Avenue Jacksonville, Florida 32205 389-4208 Luckin Constnttion Co. 241 Atlantic Boulevard Neptune Beaeh, FL 32233 241-1639 Aladdin Construction Co. 532 Locust Street Jacksonville, PL 32205 387-0001 Ritherd Britt and Associates 6310 Plaza Cale Lane 1202 Jatkaonville, FL 32217 737-5315 Ken Carpenter Builder 6829 Merrill Road Jatkaonville, FL 32211 745-1515 ,~ _ the submittal address listed in chie tnvitetion aad it vas received on or after October 1, 1990, the comple [ed form is no[ required for [he balance of this calendar year. Joan LaVake Purchasing Agent k * * * R * f f # # * # * * f M R # # R # * R R ! # * R R * * R # # * FLORIDA TIMES-UNION: Please publish in the Legal notice on Friday, October 12, and Monday, October 15, 1990. Submitted by Joan LaVake - 241-0124. ', ;n-~. , .. ,R._~.a„ ~, CITY OF ,4~taaLru - ~l~ta e{c(KF:A\ W If LEVAaII __ ~__.___. __.. _._.__. _____._ P. U. tlUY [5 ATLANTIC tlYACN. M' WRInA 3YeJ9 ~~ Tt:Lf:PHUNE 1'JOiI Li42895 October 12, 1990 CITY OF ATLANTIC BEACN INVITATIOA! TO SZD NOTICE is hereby given that [he Ci[y of Atlantic Beach, Florida, will receive sealed bids in [he Office of the City Clerk, City Hall, 716 Ocean Boulevard, Atlantic Beach, Florida 32233, until 2:00 PN, Thursday, October 25, 1990, after vhlth time the bids will be publicly opened and read aloud for the rehabilitation of housing units identified in the aid Package. Bids shall be enclosed in an envelope endorsed "Bid No. 8990-23-R, Sealed Bid for Housing Rehabilitation, To Be Opened After 2:00 PH, Thursday, Oc[nber 25, 1990." Speclflcations and Bid Forms may be obtained from the Office of [he Purchasing Agent. 1200 Sandpiper Lane, Atlantic Beach, Plorida 32233, telephone (904) 241-0124. All bidders must be Licensed Building Contractors in the S[a[e of Florida and moat furnish a bid bond Sn [he amount of 6Z of the bid, references testifying to the quality of their work, and file certificates with the City [hat [hey have obtained and will continue to carry Horkezs' Compen- sation, public and private liability and properly damage insurance in [he amount of ;300,000.00 during the life of the contract. The Bid Bond and certificates of insurance must be submitted with the bid. A Perfor- mance and Payment Bond will be required of the successful bidder. Bid prices must remain valid for sixty (60) days after the public opening of bids. All goods and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach and the specific requirements of the U. S. Department of Housing and Urban development for Rehabilitation of Housing Units as stipulated in the Bid Package. The CF[y of Atlantic Beach reserves [he right to reject any or all bids or parts of bids, valve lnformall[ies and technicalities, make award in whole or part with or without cause, end [o make [he award Sn vhac is deemed to be in [he best interest of the CS[y of Atlantic Beach. PUBLIC ENTITY CRIMES - Any person submitting a bid or proposal in response to [his invitation moat execute Form PUR 7068, SHORN STATEMENT UNDER SECTION 287.333 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in [he space(s) provided, and enclose St with his bid or proposal. Novever, if you have provided the completed form to R Major Sever Rehabll station - Phase III, Sections "C", "D", "E" and "F" - S4G Protect No. 8505-13-01 According co lnforma[Son from Smith 6 Gilleapie, [here were afx (6) "planholders". Four (4) bids were received as follows: TOTAL BASE BID John-Wvody, Inc. Jacksonville, FL S 542.609.50 Weatra Construction Co. Palmetto, FL 543.445.94 Sharp Construction Co., Inc. Levisvil le, Misaisa ippi 690,156.00 Petticoat Contracting Jacksonv111e, FL 724,350.00 • Sharp Cons [ruction Co. faxed, and later telegraphed, an addendum increasing each par[ ;15,000.00 for a total increase of ;60,000.00, increasing the Total Hase Bid co ;750,156.00. Public Services Director Bob Kosoy and David Avery of Smith 6 Gilleapie reviewed and evaluated the bids to de [ermine their adherence to bid spec if ita[Sons and requireaents, after which a dec salon was made that the Avarda Committee recommend to the City Ccmmfae ion that It accept the bid from John-NOOdy, Inc., Jacksonville, Florida, as the lovesC responsible bidder meeting bid specifications and requlrementa, and make the award accordingly 1n the Total ease Bid amount of ;542,609.50. Respectfully, Joan LaVake, Purchasing Agent CITY OF ~1LaKtie $eaek - ~fo'tida P. U. RU%15 ATLAM1TIC BEACH. FLORHIA Yrz23:f TlLRPHONH 19W 1214'2395 AWARDS COFD(ITTEE MINUTES THURSDAY, OCTOBER 25, 1990, 2:00 PH The Awards Committee met on Thursday, October 25. 1990, at 2:00 PM, to race Sve two (2) bids advertised ae (1) Bid No. 8990-23-b, Housing Rehabilitation, and (2) Ma3or Sever Rehabilitation - Phase III, Sections "C", ^D", "E" and "F", SbG Pro3 act No. 8505-13-01. Present were Commissioner Glenn Edwards Chairman, City Manager Kim Leinbaeh, Public Services Director Oob Kosoy, Building Official Don Ford, Community Development Director Tom Boyles, and Purchasing Agent Joau LaVake. Bld No. 8990-23-R - HouslnR Rehablll[a[San Bid packages were mailed co forty-two (42) prospective bidders listed on the attached mailing lis c. Four (4) bids were received as follows: Maggie Brown Richard Johnson 44 Jackson Road 91 Ardella Road Both Mouses McGowan b Mitchel ; 18,987.50 S 22,345.95 S 41,333.45 Construction Co. Jacksonville Staco 15,080.00 13,680.00 28,760.00` Jacksonv111e Richard Britt 15,000.00 14,600.00 29,600.00 Jacksonville Darcco, Inc. 25,700.00 25,700.00 47,000.00* • Darcco bid a discounted figure if it vas awarded both houses After a review of the bids, and a satisfactory check of references, ie vas [he consensus of the Awards Committee that SC recommend [o [he City Commission thac St accept the bid from Saco of Jacksonville as [he loves[ responsible bidder meeting bid requirements, and make the award accordingly in the total amount of 528,760.00. ' ~f R November 12, 1990 r- ~. F: NIGNT CLUB shall mean a place of entertainment open ac night serving food and alcoholic beverages, having a floor shoe or other live entertainment, with or without a space for dancing. BAR/LOUNGE/TAVERN shall mean a place of business whose primary function is the sale of alcoholic beverages for on-premise consumption. Such establishment may have a space for dancing. Music for dancing or atmosphere, whether live or electronic, shall no[ be considered live entertainment. DANCE HALL/DISCO shall mean an establishmenc in which 80Z of the total floor area is used for dancing. Nusic for dancing may be provided by live or electronic means. ~_ F F` ~. 41a~ ~.. s r CITY OF ~la.~tlc S"eac/r - ~laaida November 6, 1990 VIA FAX Alan C. Jensen, Esquire J enaen 6 Hould, Attorneys a[ Lav Post Office Box 50457 Jacksonville Beach, Florida 32240 iIb OCEANBOBLEVAan P.O. BOX RS ATLANTIC BEACH. FLOBHIA 32133 TELEPHONE 19J112N21% Deaz Alan: Yau will recall ve recently revised our occupational license ordinance to provide foz more accurate classification of many of the businesses in Atlantic Beach. One area which is causing problems is the classifica- tion of nigh[ clubs, bars, dance halls, etc. I have discussed this with the Mayor and he feels a definition Sn the city code for each type of establishment would help with the proper classification and also provide the backing for this office regarding how the classification vas made. Please review the enclosed definitions and let us have your comments as soon as possible as ve would like Co have [his on the agenda on November 12, 1990. Sincerely. ~Q.u/L~H... Maureen King City Clerl: Ent 1. e G- CITY OP A'YIdNl'IC BEAW CITY COMlQSSTON NESTING STAPP REPORT AGENDA IT@1: Discussion regarding licensing of nigh[ clubs SUBlfITYPD BY: Maureen King, City Clerk HATE November 6, 1990 BA(SGROOI®: You will recall our occupational license ordinance vas recently revised to include additional license tlassif ica[ions and increase license fees by 25S across [he board. At this time ve have two establishments in the city which are classified as night Clubs - [he Voo Svar and Champions. The Champions Club has paid for a night club license at a cos[ of $750.00 but a[ this time the Voo Svar has no[. While I have not spoken with Mr. Davis personally I understand he is objecting to the cos[ of the license and possibly the classification as yell. Ne have forvarded suggested definitions of NIGHT CLUB, BAR/LOUNGE/ TAVERN, and DANCE NALL to the City Attorney for review and feel if these were included in the city code i[ would provide direction in regards to such tlassifita[ion5. I would point out [ha[ at $750.00, [he night club license is Che most expensive license in [he cit}'. Perhaps [he City Commission would discuss this and determine if [hey feel chis figure is reasonable. NBCONNBLIAYIOB: Include definitions in city code and determine whether the fee of $750.00 is reasonable. A1TdCBNIgiS: Copy of lettyer/tn Cincy Attorney and/pdef initions. NEYIEN® BY CITY NANAGEE• /( ~ /X /. /Vi/ ,}/~~ /~ CITY OF ATLANTIC BEACH CITY COMMISSION MEF.TLNC - NOVEMBER 12TH Dear Mayor b Commissioners As residents of Atlantic Beach, my vif e, P.J., and I want to bring to your attention the inadequate performance of the City of A[lan[ic Beach Employee Pension Plan. We, as financial consultants, have over the pas[ three years continually observed [he account, and have found it consistently out of compliance. We have spent hours educating [he Consulting Service Company and various members of [he Pension Board on [he importance of complying with Stale regulations concerning credic worthiness of [he plan's investments. As for performance, [he plan loss (-3.27,) [his past quarter, loss (-0.29,) year-[o-date and over [he last 12 months has a total return of 2.97. These results were achieved with 757 of all funds invested in interest bearing securities and 257. of [he available funds in equities. Since [he origin of the plan, [he annualized total return has been 87. In achieving this ra [e, which is below present yields available on L'. 5. Government Bonds and Bank Cerclf icates of Deposits, your consultant has used such adjectives as "superior" stock selections. And according [o his universe, the annualized 87. three year return ranks in the [op l of all managed money over the same time frame. We suggest [hat the year-CO-date return of negative -0.27, is totally inadequate and that the Pension Board should seek to have our employees' plan opened for interested parties Co bid fcr [he business. Gary b P.J. We therhold 316 Oceanwalk Drive, North Atlantic Beach, FL 32233 F PAGE NINE MINUTES OCTOBER 22, 1990 _ The Mayor also announced he had secured almost enough sponsors for [he Pops in the Park Sn November. All expenses related [o the even[ would be paid from donations and he asked [hat [he event be publicized as much as Possible. The Mayor inquired into [he status of securing deeds for the right-of-way on Beach Avenue/Garage Approach Roadway and the City Attorney advised this should be complete within two weeks. Kathy Russell reporCed the street vas in very bad condition with deep pot holes and [he Mayor requested [he City Manager [o check into this. There being no further business to come before the City Commission, the Mayor declared [he meeting adjourned at 9:10 PM. Nilliam I. Gulliford, Jt. Mayor/Presiding Officer A T T E S T: L(aureen Ring, Ci[y Clerk NAME OF COMMAS. M S V Y Y N s... PAGE EICHT MINUTES OCTOBER 22, 1990 agreed vi Ch [his opinion but added that if further clarification vas necessary the ordinance could be amended Co indicate payment vas required by 5:00 on [he due date in order to avoid a late penally. The City Attorney expressed Che opinion a postmark by [he due date should be tons idered timely payment while [he Finance Director felt payment should be received by the due date. After further discussion i[ vas decided [o provide a definition in the city code [hat would clarify that all payments to [he city should be received by [he date shove on the billing. Motion: Define [hat all payments to the city would 6e cosaidered non-delinquent provided they are received by 5:00 PM on the date shorn on [be billing No further discussion. The motion tarried unanimously. Tom Bovle6. Community Development Director, reported the state uas offering gran[ monies in the amount of 520,00 to follow through on Che Land Development Regulations in [he Comprehensive Plan. He requested the Mayor be authorized tc sign the appropriate documents [o make application for these funds. Motion: Authorize Mayor to sign documents signifying acceptance of Che fonds No f~r[heT discussion. The motion carried unanimously. 9 Mayor to call on City Coanissioners, City Attorney and City Clerk: Coaadasioner Bdvards encouraged support of Amendment i3 on the November ballot. . Ca~isaioaer Sacker inquired into the status of the proposed ordinance clarifying that use by exceptions would be granted to the individual rather than the property. After brief discussion, Tom Bwles vas instructed to work vi [h [he City Attorney on this. Mayor Galliford indicated he felt it would be necessary to have another vorkahop meeting [o further discuss the proposed bond issues and he would hope to have representatives from the •. professional organizations involved on hand to fully explain procedures and answer questions. Mayor Gulliford also reported he had received information regarding solid waste, particularly volumetric charging, from St. Charles, Illinois, and would provide Copies of this material [o [he City Co®ISe1on and the Solid Nas to Committee. He had also received from International Paper samples of biodegradable crash bags which were designed for the collection of yard trash. NAME OF COMMHS. M S Y Y V N gdvards z z Tucker z Yeldon z : Gulliford z Bdrards x z Sucker z z IYeldon z Gulliford z 3. 1 a ~ PACE SEVEN MINUTES ? OCTOBER 22, 1990 One of the aerator blades vas able to be repaired and painted. However, the aerator blades at the No. 2 rank were in bad condition and needed [o be replaced. I[ would be more cost of festive [o replace those blades while [he other work is in progress and Mr. McNally requested Commission approval to do so. lotion: Authorize the replaceaent of the aerator blades in the No. 2 tank at the Buccaneer rasterater treatment plant by PMB Contractors a[ a cost of {8,356.00 No discussion before the vote. The motion carried unanimously. V. Discussion end related action relative to Eevieiou No. I to Addeadu• Bo. 4, of the agreeaeat rith Gee 6 Jeosoa for rater system Lprovenenta, Phase I, Buccaneer Marry McNally reported the Gee S Jenson study on the Buccaneer distribution system had recommended a loop on Nayport Road from Pan Am Plaza to Maypor[ Trace [o connect with the No. 2 water plant. The initial survey of the area has indicated because of other utility lines in the easement, there is not enough room for the 8-inch water main. The property owners have been contacted with a request they gran[ an additional easement for Che installation of a eater line. Mr. McNally requested approval to proceed with additional survey work in [he amount of 52,500.00 and additional engineering in the amount of 5800.00 work in connection with this project. Notion: Approve Nevision No. 1 to Addendu• No. 4 of Agreement for Professional Services with Cee 6 Jenson to authorize survey rock in the amount of ;2,500.00 and surveying in [be amount of 5800.DD in co®ec[ioo ri[h rater system improvements on Maypo[t Bond No discussion before the vote. The motion carried unanimously. 7. Action ou Reswlu[ious: A. Eegmeat approval of Feaolation No. 90-18 urging Coegress to adopt legislation to remove the restrictions imposed upon the Bell opera[fng compaales At the !layor's request action on Resolution No. 90-18 was deferred until the next Ci[y Commission meeting. 8. City MenaRez reports sal/or correspondence A. Suggested policy pertaining to receiving late fee payments The City Hanager had rendered a written opinion stating that he felt it was the responsibility of [he customer Co ensure that payments ve re received by [he city on the due date. The City Clerk NAME OF COMMRS. M S V Y V N Edwards : z ticker z Veldon : z 4Llliford a Edwards z z ~ Tucker z z Veldon : Culliford z PAGE SIX MINUTES OCTOBER 22, 1990 D. Mtion on recoaneadatioo of Insurance Consultant regarding health insurance coverage for cl[y eaployees for 1991 City Clerk Haureen King reported she had received [he new health insurance rates from Blue Cross/Blue Shield. This information vas forwarded [o Rodriguez Consulting Group for review and they had recommended the city accept [he 4.72 rate increase and renew Che coverage with Blue Cross/Blue Shield for the 1991 calendar year. Mayor Gulliford urged [he city Co expand its cafeteria plan which, he said, would be beneficial [o both Che city and the employees. Motion: Aceep[ the recoanendation of Rodriguez Comsulting Group and accept the proposal of Blue Cross/Blue Shield for health iosurance coverage for city employees for calendar year 1991 No discussion before the voce. The motion carried unanimously. E. Comsideration of application of Bee by Ezception filed by Che Naval Con[im~ing Care Re[irenen[ Poundatioa, Inc. for the sale and use of alcoholic beverages is the Fleet Landing developaent Co®unity Development Director Tom Boyles reported this matter had been considered by the Community Development Board at [heir recent meeting and [he board had recommended approval. The City Commission acknowledged receipt of [he application and set a public hearing on [he matter for the meeting on November 12, 1990. P. Yequest to proceed with architectural review of present City Nall building Mayor Gulliford commented that the new City Nall would be ready for occupation in the spring and felt it vas time to give some consideration [o plans for [he future use and renovation of the old City Hall building. After brief discussion the Ci[y Attorney vas instructed to determine vhe [her it would be necessary to pass a resolution and in the meantime the Ci[y Manager, in conjunction with the Professional Services Co®it[ee, vas authorized to secure the services of an architect under the terms of the Consultants' Competitive Negotiation Ac[. The Mayor appointed a committee comprised of Commissioner Neldon, City Hanager Leinbath, Public Services Director Rosoy, and citizens Barbara Bonner and Dorothy Kerber to review the needs of the community and present their recommendations co the City Commission regarding the future use of [he existing building. G. Neques[ approval to purchase and replace blades on aerator for tank No. 2 at Buccaneer sever plane in the azxrunt of 18,356.00 Marry ricNally reported the City Commission had previously authorized repairs Co [he Buccaneer vastevater treatment plant. NAME OF COMMHS. M S V Y V N Pdvarda I z Tucker z z Neldon z z Gulliford z PAGE FIVE MINOTES OCTOBER 22, 1990 and had never experienced a problem with having such items picked up in a timely manner. Since no one else spoke for or against the matter Che Hayor declared the public hearing closed. Motion: Approve passage of Ordinance Mo. 55-90-23 on final reading In discussion before the vote, Mayor Gulliford said a collection procedure had been developed whereby when residents pay for the collection permit they would be advised of the collection date. The question vas called and [he motion carried unanimously. 6. Bev Business: C. Discussion and related action requesting approval of combining or reeombining of previously platted lots Tom Boyles addressed [he matter and co®en[ed that the request vas similar to a matter acted upon the previous City Commission meeting. Ne introduced Beyvood Dowling who represented Hs. Pally Gillum, [he owner of the subject property, Lo[ 7, Ocean Grove Unit No. 2. and the lot abutting the eastern boundary thereof and fronting on Beath Avenue. Hs. Gillum vas requesting permission to recombine those lots into two 5,000 sq. ft. lots and vas willing to commit that whether she, personally, built on either lot or whether they were sold, a deed res[rittlon in perpetuity would be recorded which would limit construction on each lot to one single family home. Dezmund Waters, 1835 Seminole Road, said he felt rezoning the property would be preferable but the City Commission was generally opposed to spot zoning. In response to a question from Commissioner Weldon, Mr. Dowling presented a projected footprint of a proposed duelling vhi<h could be built on [he properly to meet [he required setbacks without any variances. Moiiov: Grant approval [o Ms. Polly Gillu• to recombine [be anlmproved doable frontage lots (Lot I Ocean Grove Onit 2 avd the lot abutting tbe easterly boundary thereof) located between Ocean Crowe aad Beach Avemie, subject to Paragraphs 1 avd 2 of Mr. Dovling'e letter dated Oetober 18, L990, (attached hereto) rea[rieting future development to one single-family residence per lot, and further requiring that each lot created be at least 5,000 square feet i No discuss ion before the vote. The motion tarried on a four to one vote vi th Commissioner Tucker voting nay. NAME OF COMMNS. M S V Y V N Bdvards z : Tucker : z Weldov : 6Llliford z Bdwarda z z Tacker z Meldw z z Gulliford z '~ PAGE FOUR MINUTES OCTOBER 22, 1990 Commissioner Weldon inquired vhe [her any gran[ monies were available and Mr. Scholl explained thac DER had established a grant program but only cities which had adopted s[ormvater utility programs were eligible. Nayor Gulliford commented that the airy needed to do a better job of street cleaning to prevent debris Erom washing into the stozmvater drainage system and Mr. Scholl said that scree[ sweeping could be included in the s[ormvater management program. After a full discussion of the matter Nayor Gulliford asked chat action on [he two ordinances be deferred until the following Commission meeting [o alloy [he ordinance [o be drafted in city format with reference to the appropriate chapters of the city rode. H. City Manager's reco~esdation for financial advisory tee• The Ci[y Manager reported he had negotiated costs for various services in connection with the work related to the proposed vacer and sever bond issues. He said the firm of Purvis Gray had misunderstood the scope of work involved and had revised their charges dowvards [o a figure not [o exceed ;2,000.00 which he felt vas reasonable. Mo[im: Accept [be recommeadatim of Che Cicy Manager regarding selectim of firms sad costa for services in comec[ion rich work on proposed vacer avd sever hoods as presented in his letter dated October 18, 1990 (Attached) with a change in the cost quoted by Purvis Gray [o a me to ezceed figure of ;2,000, subj et[ to [he issuance of hoods No distuaeion before [he vote. The motion carried unanimously. 5. Action an Ordimances- A. Ordinance Mo. 55-90-23 - Public Hearing AE ORDIHAHf:E A!®IBG THE CWE OP 08DTA!w"` OP THE CI74 OP ATIa4fIC EPACH, AME®IMG CHAPTF3 16, REPOSE AHD °°~^e A!®I7G CHAPIBY 16, REPOSE AHD r„yrv. ADDT9G HHDEP SECTION 16-1 A DEFIYITlOH OP YeITE GOODS, ADDING HEY SECTION 16-11 TO PROVIDE A PHOCPDHlE Am PP.H SC®OIJo POR THE H@DVAL OP YHIZE (,'GODS FROM e~IDPdTIAL PRPlQSES, PROVIDING AH EPFECPIVE DATE Mayor Gulliford introduced Ordinance No. 55-90-23 in full Sn writing, said ordinance having been posted in accordance with Charter requirements. Ne opened the floor.for a public hearing and invited comments from the audience. Susan Miller 1852, Se lva Grande Drive, suggested white goods not be put out more than twenty-fear hours prior to collection since these items detract from the appearance of the neighborhood when left uncollected for several days. Loretta Nadeau, 105 Nest Six [h Streec, said she had lived in Atlantic Beach far twenty-five years NAME OF COMMRS. M S ~ Y ~ N P.drards z z ticker z Yeldon z z Gulliford z PACE THREE MINUTES OCTOBER 22, 1990 AC Che Mayor's request agenda items bA and 68 were taken out of sequence and were considered next. b. Bew 6n81ne66 A. Approval of Change Order Mo. 22 (Revised), Section H, to increase project by :2,275 [o reroute eater mains on vest end of Levy Boad between Hain Street aad Jasaine Street e. Seek approval of Change Order Na. 27, Sectio¢ e, to eztend comtract by 6eveaty days sob Kosoy said he had not have an opportunity to review these change orders. With approval from Billy Howell, Section H Project Manager, action on these change orders vas deferred until [he Co®ission meeting of November 12, 1990. 4. Old Business: A. Introduction of the Stormrater Managecent Otility ordinance Hr. Kosoy reported CN2M Hill had been working to develop a s[ormva[er management utility which would be used to fund s[ormvater drainage improvements throughout the city. Ne introduced Jim Scholl of CH2M Hill who explained Chat his firm had drafted two ordinances one of which would establish the stormwater management utility program and the ocher would define fee categories and establish a fee schedule. Ne briefly outlined the rate categories for single-family, multi-family, and non-residential units. The charge would not be considered a [ax but a fee for service and would be applied to all developed properties, including tax exempt properties, benefiting from the stormwa[er management services. He explained hou an Equivalent Residential Unit (ERU) had been determined and suggested a fee of 33.00 per month per ERU. He presented a schedule for implementation of the program vh ich projected the first billing in Apr11 1991. Mayor Gulllford inquired whether the state had mandated a date for implementation and Mr. Scholl responded that the Oepartmen[ of Emirovmental Regulation was in the process of establishing a procedure and schedule to address the quality of run-off from existing development. Ne further explained that implementation date would depend on the size of the city involved, but present :ales would ant£c£pace cities the size of Atlantic Beach would be required [o file permits by 1993. In response to a question from the Mayor regarding the procedure for filing permits, Mr. Scholl responded the application would require an inventory of the drainage system, and the proposed master planning work would accomplish that portion of [he application and pointed out [hat a more detailed explanation of the requirements was provided Sn his brochure entitled "A Practical Guide to Florida's S[ormwater Hanagemen[ Regulations." NAME OF COMMAS. M S V Y V N i PAGE TWO MINUTES OCTOBER 22, 1990 1[ to [he elettr is and water service in [he house at [hat address. She said she had called Che city several times but [he problem still existed and she asked [ha[ the city cake the necessary measures [o correct this matter. The City Manager vas directed to check into the matter. Mike Doherty, 1655 Sea Oats Drive, reported he had been having an infestation of rats in his area which he attributed in part to [he drainage ditch on Seminole Road. He said city crews had chopped dow vegetation along [he ditch but work still remained [o be done. Public Services Director Kosoy said he vas no[ aware that the problem still existed but he would look into the matter. Capt. Paul Anderson, 1643 Beach Avenue, said he also represented the Mabrys and addressed the City Commission regarding the dune overvalk at Devees Avenue. He said his attorney had learned Cha[ DNR would no[ permit any major changes to the overvalk, however, no permit would be needed to remove [he overvalk. He felt since there were no longer any dunes to be protected a[ this location, [he overvalk should be removed. Ne said [his would not restrict the public access to [he beach. Dezmond Waters, 1835 Seminole Road, said he, personally, uses thSS overvalk and felt i[ vas better than having [o walk through [he loose sand. In order for the city [o consider the matter further Mayor Gul liford felt Cap[. Anderson should provide written evidence from DNR regarding what changes they would or would noc approve. Capt. Anderson said they had vri [[en [o DNR and as soon as a response was received he would make this available [o the city. He also had pictures and you ld provide copies of same to [he Ci[y Commission. In the meantime [he Ci[y Manager vas instructed to contact DNR and report back at the next meeting. The City Attorney suggested the Sixteenth Scree[ beach access should also be an item for discussion a[ the meeting of November 12, 1990. 3. Comaent Agenda A. Jackaotnille Eeach Lions club requests permission to conduct a road block at Atlantic Boulevard and Peo.an Road on November 10, 1990, from 9:00 A.N. to 4:00 PM for food raising for eight end beating services to the i~igmta in the beaches area. The City Attorney pointed out November 10 vas the Plorida/Georgia football gme and traffic would be extremely heavy on chat day and fund raising a[ that ante raec[ion could be both a traffic and safety hazard. After brief discussion, Commissioner Weldon moved as follows: Motion: Grant permission to Lions Club to conduct a fund raising at the intersectim of Atlantic ewlevard and Yeoman eoad oo a date other than November 10 No further discussion. The notion carried unanimously. NAME OF COMMFLS. M S V Y V N gdwarda z Tucker z z Neldon z z Culliford z MINOTES OF '[dE BEGDLAR MEETING OF TdE ATLANTIC BEACd GIYY COM- MISSION dELD IM CITY FIA1.1. AT 7:15 PM ON MONDAY, OCTOBER 22, 1990 PRESENT: William I. Culliford, Jr., Hayor Glenn A. Edwards Adelaide R. Tucker John W. Weldon, Commissioners AND: Kim D. Le inbach, City Manager Alan C. Jensen, Ci[y Attorney Maureen King, City Clerk ABSENT: Bober[ B. Cook, Sr., (Excused) The meeting vas called to order by Hayor Gu lliford. The invocation, offered by Commissioner Weldon, vas follored by the pledge to the flag. 1. Appro-al of the mim~tea of the regular me ting of O [ be 8 1990 Motion: Approve minutes of the regular meeting of October 8, 1990 No discussion before the vote. The motion carried unanimously. Apprawml of the minutes of the sceeial meeting of October 15 1990 lbtioa: Approve minutes of [he special meeting of October 15, 1990 No discussion before the vole. The motion carried unanimously. 2. 6ecoznition of Visitors: Susan Miller, 1852 Selva Grande Drive, complained of yard trash being left or. [he street for several days before i[ is picked up. She presented a draft of an ordinance which she hoped would correct the situation. Mayor Gul liford said the city had recently purchased a chipper to handle yard trash and [he Solid Waste Comittee is continuing to cork toward eliminating disposal of yard [rash in the landfill and requested that the draft ordinance be passed along [o them for review. Na. Miller also addressed the subl set of a beaches county and cited the requirements as provided in the Florida Statutes Co establish such a county. She said she ras opposed to a beach county but felt Che beaches comm+ni[iee should renegotiate. [he interlocal agreemeuC with the Ci[y of Jackaonvil le to get better services for the [ax dollars paid [o Duval County. Jackie Wyatt Gottburg, 734 Vecu~a Road, complained of illegal activities at two houses on that street. She said a motor home had been parked in [he front yard a[ 767 Vecuna Road and had a garden hose and electrical cords running through rindors connect'_ng ME OF COMMRS. M o T I O N S e C O N D V O T E D Y E S V O T E D N O Edwards z z Tucker z z Weldon : Culliford z Edwards z z ticker z z Weldon z Culliford z [F}}}}}}[-. F CITY OF AI7AMYIC BEACH REGULAR MEE'YING MONDAY, ROVEMBER 12, 1990 AGENDA Call to order Invocation and pledge to the flag proval of the minutes of the regular meeting of October 22, 1990 and ecial commission meeting Nnvembet 7, 1990 ognition of visitors: ~nscnt Agenda: ~r~r" /~~ Approval [o decrease Change Order 626 by $3.831.50 relative to j ~r~J Che relocation of Che force main due to landfill and existing YL.. sanitary sever adjustment on West 1st. Scree[ in Section H .(William Howell, Project Manage r) y_4~ttee Reports: _ A. Chairman of the Awards Committee, Co®issioner Fdvards, vich a report and recommendation relative Co Major Sever Rehab, parts f_., D, E and F +_~j-~.°°---~.,hairman of the Awards Committee, Commissioner Edwards, vich a report and recommendation relative to Community Deve lopmen[ Block Cran[-Housing bid 6B990-23R ~~ 5. ioo on Resolutions: A ~ Re asst approval of Resolution P90-IB urging Congress [o adopt ~~ legis lation~o remnvC-thereet rictions_lmposed upon the Bell ~~~ ~~. ~' OppsaEfng"Companies- (Richard Brown, Southern 8e 11 rep.) ` ~~ 6.~ Business: tRbssion and related action regarding refunding of City deb[ ~ (Hike Burton, Fi lancial Advisor) t ~`fffr ~AC[ioo ! •Y `~Y p. Introduction and firs[ rea rngof- Ordinance Y80-90-43 relative [o ~ttn `t ~rj/ Stormwater Management Utility (Jim Scholl, C1FLM Hill rep.) 1~ B. In[ooduction and firs[ reading of Ordinance /80-90-44 relative [o ,~~1; `; V'` B[ormvater Management Utility Fee ( Jim Scholl, CH2H Nill rep.) yy J; 8. Burinesa: ~ 1ti d ^1 Seek approval to Change Order t22 (revised), Section H, co j'c t ,~n =' r increase project by $2,275 to reroute water mains on vest end of ' +~~> '~ Levy Road between Hain S[. and Jasmine S[. (William Howell, ~~ ~~ /`eject Manager) ~, N Seek approval to Change Order i27, Section H, to extend contract ~dayys by 70 (Nilliam Howell, Project Manager) ~"6iscussion and related action of a request by BNR [o increase [heir bill not w exceed $5,000 for time and male rial relative Co svales in Section N (BNR representative) ~f..-~scussion and related action relative [n extending [he a c onstructlon observation contract of BHR for anf'additional I days at a cost of $22,880 (BNR representative) p'~scussion and related action for modification changing swales to curb and Rutter in Section H (William Howell, Project Manager) '' cussion in reference [o improvements in Section H in [he area of W 9 St. and W. l0 S[.-Ira Bra[c her property (William Novell, ~mject Managcr) ~~'. NOVEMBER MICRO S. Ltaxtitio~ rd Ia~q~ Xr~ss