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February 10, 2009
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The City of Atlantic Beach is seeking to obtain the services of a Pension Attorney for the City's two
separate plans, General and Police Employee. Therefore, we would like to request information
regarding your firm.
We respectfully ask for your company's profile, three references, and a structure of your fees, i.e.,
retainer fees, hourly fees, or both. Please forward these details to me by Tuesday, February 17, 2009, to
pdrake@coab.us, or mail to:
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Attn: Patty Drake
I apologize for the short notice, but we would like to have this information to discuss at the next
scheduled pension board meeting.
If you choose to forward your documents electronically, please include your company's website so that
we may review the company profile.
I thank you in advance for the information you provide.
Sincerely,
Patricia J. Drake
Purchasing Agent
City of Atlantic Beach
904) 247-5880 Phone
904) 247-5819 Fax
pdrake@coab.us
ORDINANCE NO. 40-86-14
AN ORDINANCE AMENDING ORDINANCE 40-74.7 WHICH GRANTED
TO THE JACKSONVILLE ELECTRIC AUTHORITY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE:, AND
IMPOSING PROVISIONS AND CONDITIONS RELATED THERETO,
IN ORDER TO PROVIDE FOR MONTHLY PAYMENTS OF FRANCHISE
FEES, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Parties did enter into a franchise agreement (the
Agreement") , dated July 2, 1974 wherein the Parties were granted
the rights, privileges, and obligations, therein contained, and
WHEREAS, the Parties have' agreed to amend the Agreement with
regard to the payment scheduling to benefit their respective cash
flow needs, now therefore:
BE IT ENACTED BY TRE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA.
Section 1. Section 5 is repealed in its entirety and a new
Section 5 is created to read:
Section 5: a) No later than 60 dads after the end of each
fiscal year, the Grantee, its successors and assiens, shall
have paid to the Grantor and its successors an amount which
when added to the amount of all taxes, licensers, and other
impositions levied or imposed by the Grantor upon the Grantee's
electric property, business, or operations, and those of the
Grantee's electric subsidiaries for the preceding tax 'ear, if
any, will equal six percent of the Grantee's gross revenues
collected from the sale of electrical energy to all customers
within the corporate limits of the Grantor for the 12 fiscal
months preceding.
Section 5: b) Advance Payment of the annual amount to he paid
to the Grantor by the Grantee under the terms of Section 5.a
hereof shall be made by estimated monthly installments
commencing on or before May 30, 1966 for the Grantee's revenues
as defined in Section 5.a) for the month of March, 1986 and
then monthly thereafter. Each estimated monthly installment
including the initial payment of May 30, 1986, shall be
calculated on the basis of 90% of the Grantee's revenues (as
defined in Section 5.a) for the monthly billing period ending
60 days prior to each scheduled monthly payment. It is also
understood that for purposes of calculating each monthly
installment, all taxes, licenses, and other impositions, if
any, shall be estimated on the basis of the latest data
available for any such amounts annually imposed on the Grantee,
before being prorated on a monthly basis_ The final
installment for each fisc+.], year of this grant shall he
adjusted to reflect any underpayment or overpayment resulting
from estimated monthly installments mule for said fiscal year.
For this agreement, a fiscal year is defined as the period
October 1 through September 30.
Section 2. This Amendment.to Ordinance 40-74-7 shall become
effective only upon acceptance by the Grantee and shall take
effect immediately' upon such approval by the Grantee.
Section 3. SAVE AND EXCEPT as hereby expressly amended, all
terms and conditions of the Ordinance 40-74-7 dated July 2,
1974 shall be and remain in full force and effect.
Passed by the City Commission on first reading on
1986.
April 28
Passed by the City Commission on second and final reading on Hay 12 ,
1986.
ATTEST:
a .4:IL)
City Clerk, Atlantic Beach ' Mayor, tlanti Be
William S. Howell
FORM APPROVED:
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Office of General Counsel
City of Jacksonville, Fla.
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Rove=i vies
FORM APPROVED:
torney or Atlantic Beach, Fla..
ORDINANCE NO. 40-74-7
AN ORDINANCE GRAN=TING TO JACKSONVILLE ELECTRIC
AUTHORITY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC
F ISE, AND IMPOSING PROVISIONS AND CONDITIONS
RELATING TRERETOO
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA
SECTION 1. That there is hereby granted to Jacksonville Electric
Authority (herein called the "Grantee"), its successor and assigns,
the exclusive right, privilege or franchise to construct, maintain,
and operate ins under, upon, Over and across the present future
streets, alleys, bridges, easements and other public places of the
City of Atlantic Beach, Florida, (herein called the "Grantor") and
its successors, in accordance with established practice with res-
pect to electrical construction and maintenance, for the period of
four (4) years from the date of acceptance thereof and shall con-
tinue in e ec on a year- o -year •as s until termina_e3 at,the
option or either party by the giving of not lees than ninety(90)
en no ce o = - act date of term naitin ; elec-
tri 1 -gt and power facx
n y attar
aci . es is a
e purpose o sun e l ec
ent to a Grantee's existing or pro
e e ion of the Grantee.
SECTION 2 That the facilities shall be so located or relocated and
so erected as to interfere as little as possible with traffic over
said streets, alleys, bridges and public spaces, and with reasonable
egress from and ingress to abutting property. The location or re-
location of all facilities shall be made under the supervision and
with the approval of such representatives as the governing body of
Grantor may designate for the purpose, but not so as unreasonably to
interfere with the proper operation of Grantee's facilities and ser-
vice. That when any portion of a street is excavated by Grantcc in
the location or relocation of any of its facilities, the portion of
the street so excavated shall, within a reasonable time and as early
as practicable after such excavation, be replaced by the Grantee at
its expense and in as good condition as it was at the time of such
excavation.
SECTION 3. That Grantor shall in no way be liable or responsible for
any accident or damage that may occur in the construction, operation
or maintenance by Grantee of its facilities 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 the neglect, default, or misconduct of Grantee
in the construction, operation, or maintenance of its facilities
hereunder.
SECTION 4. (a) The rates to be charged by the Grantee to the users
of electricity within the coporate limits of the Grantor shall be
the rates from time to time charged by the Grantee to other consum-
ers of similar classification in all areas served by Grantee.
b) The Grantor shall be subject to the Rules and Regu-
lations of the Grantee, provided,, however, that in the event any of
said Rules and Regulations conflict with any of the terms or pro --
visions of this ordinance, then, and in such event, the terms and
provisions of this ordina.nce shall control
SECTION 5, That within thirty (30) days after the first six (6)
months from the date of this grant and within thirty (30) days after
each succeeding six (6) months period, the Grantee, its successors
and assigns, shah, pay to the Grantor and its successors and assigns,
shall pay to the Grantor and its successors an amount which added
to the amount of all taxes, licenses, and other impositions levied
or imposed by the Grantor upon the Grantee's electric property,
business, or operations, and those of Grantee's electric subsidiaries
for the preceding tax year will equal six percent (6%) of Grantee's
gross revenues collected from the sale of electric energy to all
customers within the corporate limits of the Grantor for the six (6)
months preceding the applicable anniversary date.
SECTION 6o The Grantor will pay to the Grantee the prevailing rate
schedules established as they now exist or may be amended, revised
or modified within this contract period for all electric services
and such charges shall not be in excess of any rate charged by the
Grantee to any other franchised customer.
SECTION 7, That failure on the part of Grantee to comply in any
substantial respect with any of the provisions of this ordinance
shall be grounds for forfeiture of this grant, but no such forfeiture
shall take effect if the reasonableness or propriety thereof is
protested by Grantee until a court of competent jurisdiction (with
right of appeal in either party) shall have found that Grantee has
failed to comply in a substantial respect with any of the provisions
of this franchise, and the Grantee shall have six (6) months after
determination of the question to make good the default before a
foreiture shall result with the right in Grantor at its discretion
to grant such additional time to Grantee for compliance as neces-
sities in the case require.
SECTION e. The Grantee shall at all times during the life of this+
franchise have available sufficient maintenance men for emergency
repair: and service to the system within the corporate limits of the
Grantor.,
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ORDINANCE NO. 40-69-6
AN ORDINANCE GRANTING TO JACKSONVILLR ELECTRIC AT7rHORIT`Y', \
y
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND '
DOSING PROVISIONS AND CONDITIONS RELATING THERETO.
1BE IT ENACTED BY THE PEOPLE OP THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That there is hereby granted to Jacksonville Electric
Authority (herein called the "Grantee"), its successors and assigns,
the exclusive right, privilege or franchise to construct, maintain
and operate in, under, upon, over and across the present and future
streets, alleys, bridges, easements and other public places of the
City of Atlantic Beach, Florida, (herein called the "Grantor") and
its successors, in accordance with established practice with respect
to electrical construction and maintenance, for the period of four
4) yeats from the date of acceptance thereof and shall continue in
effect on a year-to-year basis until terminated at the option of either
party by the giving of not less than ninety (90) days advance written
notice of the exact date of termination, electric light and power
facilities (including conduits, poles, wires and transmission lines,
and, for its own use, telephone and telegraph lines) for the purpose
of supplying electricity to Grantor, and its successors, the inhabi-
tants thereof, and persons and corporations beyond the limits thereof.
SECTION II. That Grantor hereby reserves the right at and after the
expiration of this grant to purchase the property of Grantee used
under this grant, as provided by the Laws of Florida, in effect at
the time of Grantee's acceptance hereof, including Section 167.22 of
the Florida Statutes, and as a condition precedent to the taking effect
of this grant, Grantee shall give and grant to the Grantor the right to
purchase so reserved. Grantee shall be deemed to have given and granted
such right of purchase by its acceptance hereof, which shall be filed
with the Grantor's clerk within thirty (30) days after this ordinance
takes effect.
SECTION Tit. That the facilities shall be so located or relocated and so
erected as to interfere as little as possible with traffic over said
streets, alleys, bridges and public spaces, and with reasonable egress
from and ingress to abutting property. The location or relocation of
all facilities shall be made under the supervision and with the approval
of such representatives as the governing body of Grantor .may designate
for the purpose, but not so as unreasonably to interfere with the proper
operation of Grantee's facilities and service. That when any portion
of a street is excavated by Grantee in the location or relocation of any
of its facilities, the portion of the street so excavated shall, within
a reasonable time and as early as practicable after such excavation, be
replaced by the Grantee at its expense and in as good condition as it was
at the time of such excavation.
SECTION IV. That Grantor shall in no way be liable or responsible for
any accident or damage that may occur in the construction, operation or
maintenance by Grantee of its facilities hereunder, and the acceptance
of this ordinance shall be deemed an agreement on the part of Grantee,
A &ad+.Ffasida
Ordinance No. 40-69-6
Page #$2
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 the neglect, default, or misconduct of Grantee in the construction,
operation or maintenance of its facilities hereunder,
SECTION V. (a) The rates to be charged by the Grantee to the users
of electricity within the corporate limits of the Grantor shall be
the rates from time to time charged by the Grantee to other consumers
of similar c1assificationzin all areas served by Grantee.
b) The Grantor shall be subject to the Rules and Regulations
of'thhe Grantee, provided, however, that in the event any of said Rules
and Regulations conflict with any of the terms or provisions of this
ordinance, then, and in such event, the terms and provisions of this
ordinance shall control.
G
SECTION VI. That within thirty (30) days after the first six (6) months
from the date of this grant and within thirty (30) days after each
succeeding six (6) month period, the Grantee, its successors and assigns,
shall pay to the Grantor and its successors an amount equalling 6% of
Grantees gross revenues collected from the sale of electrical energy
to all customers within the corporate limits of the Grantor for the
six (6) months preceding the applicable anniversary date.
SECTION VII, As a further consideration of this franchise, said Grantor
agrees not to engage in the business of distributing and selling
electricity during the life of this franchise or any extension thereof
in competition with the Grantee, its successors and assigns.
SECTION VIII* That failure on the part of Grantee to comply in any
substantial respect with any of the provisions of this ordinance, shall
be grounds for a forfeiture of this grant, but no such forfeiture shall
take effect if the reasonableness or propriety thereof is protested by
Grantee until a court of competent jurisdiction (with right of appeal
in either party) shall have found that Grantee has failed to comply in
a. stabstantial respect with any of the provisions of this franchise,
and the Grantee shall have six (6) months after the final determination
of the question, to make good the default before a forfeiture shall
result with the right in Grantor at its discretion to grant such addi-
tional time to Grantee for compliance as necessities in the case require.
SECTION Ira- The Grantee shall at all times during the life of this
franchise have available sufficient maintenance men for emergency repairs
and service to the system within the corporate limits of the grantor.
TV giVace
Ordinanc
Page #3
iTo , 40-69-6
SECTION X. in the event that during. thelife of this franchise the
Grantee shall negotiate a similar franchise with another Municipality,
then and in that event the Grantor shall have the right and privilege
to substitute any section, paragraph or provision of such franchise
which many be consideted more favorable than that contained herein. Any
such substitution shall not be held to change, modify or affect the
validity of any other section, paragraph or provision of this Franchise.
SECTION Xi. This ordinance shall take effect immediately upon acceptance
by the Grantee.
SECTION XII. That all ordinances and parts of ordinances in conflict
herewith be and the same are hereby repealed.
Passed by the City Commission on first reading on December 9th 1968.
Passed by the City Commission on second and final reading on Januaryl3th
1969.
Attest:
City Clerk
The foregoing Ordia_ nce approved on
the day of 196
Mayor
Signed:
Title
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