Ordinance No. 35-67-2 v ORDINANCE NO. 35-67-2
AN ORDINANCE TO PROVIDE, UNDER AND PURSUANT TO SECTION
149, ARTICLE XV OF THE CITY CHARTER, FOR THE ISSUANCE
OF REVENUE CERTIFICATES CALLED "CERTIFICATES OF INDEBTED-
NESS " TO FINANCE THE INSTALLATION OF CERTAIN ADDITIONS
TO THE SEWER AND WATER SYSTEMS OF THE CITY OF ATLANTIC
BEACH IN THE AREA OF THE CITY BOUNDED ON THE SOUTH BY
SELVA MARINA UNIT NO. 2, ON THE EAST BY SEMINOLE BEACH
ROAD, ON THE NORTH BY SATURIBA DRIVE AND ON THE WEST BY
SELVA MARINA COUNTRY CLUB; PROVIDING FOR THE DESIGN AND
SCOPE OF SUCH ADDITIONS, AND FOR SUCH ADDITIONS TO BECOME
THE PROPERTY OF THE CITY UPON COMPLETION AND ACCEPTANCE,
PROVIDING FOR THE SOURCE OF FUNDS, THE METHOD AND RATE
OF PAYMENT, THE TERMINATION AND FORM OF SUCH CERTIFICATES;
RATIFYING AND CONFIRMING PRIOR CERTIFICATES OF INDEBTED-
NESS FOR ADDITIONS HERETOFORE MADE IN THE SAME AREA OF
THE CITY; AUTHORIZING A CONTINUING METHOD FOR FINANCING
FURTHER ADDITIONS TO THE SEWER AND WATER SYSTEMS OF THE
CITY UNTIL SAID AREA IS COMPLETELY DEVELOPED; AND PRO-
VIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA;
Section 1. The Selva Marina Realty Company, a Florida corporation, has
developed in the area of the City of Atlantic Beach bounded on the South
by Selva Marina Unit No. 2, on the East by Seminole Beach Road, on the
North by Saturiba Drive and on the West by the Selva Marina Country
Club, a subdivision known as Selva Marina Unit No. 5, pursuant to the
terms and conditions of a resolution adopted by the City of Atlantic
Teach entitled "Resolution No. 59-13 ";
Section 2. The Pelva Marina Realty Company, now proposes to develop an
additional part of said area to be known as Selva Marina Unit No. 6
and has requested the City of Atlantic Beach to construct an addition
to its water mains with fire hydrants, to serve that portion of the
said area now to be developed, and has agreed to loan the City the cost
of constructing said improvement, said loan to be evidenced by a
Certificate of Indebtedness payable out of special funds and in the
amount as hereinafter particularly set forth;
Section 3. The Selva Marina Realty Company has agreed, at its own
expense, to construct in said area to be developed as aforesaid, the
necessary gravity sewer lines and to let the contract for the construc-
tion thereof at the same time the contract for the construction of
said improvements is let, the construction of said lines at all times
to be in accordance with plans and specifications approved by the City
and subject to its inspection, the same to be and become, when paid
for, the property of the City;
Section 4. Plans and specifications for said improvements have been
prepared by the Owner 's Engineer, and approved and accepted by the
City Commission.
Ordinance No. 35-67-2 Page #2
Section 5. The City Commission has found and determined that it is
necessary to the health and general welfare of the City and its inhabi-
tants that the said improvements be constructed;
Section 6. The City Manager and the City Clerk advertise, in accordance
with the Charter of the City, a request for bids for the construction
of said water mains with fire hydrants.
Section 7. Upon the coming in and receiving of a satisfactory bid for
the construction of the said water mains with fire hydrants, in accord-
ance with said plans and specifications, the City Manager shall notify
the Selva Marina Realty Company, and,
(a) upon its depositing with the City funds in the
amount of said bid, plus the cost of engineering
incurred, or,
(b) upon its demonstrating to the City satisfactory
arrangements to ensure the payment of said bid
in full, plus the cost of engineering incurred,
a contract for doing said work shall be let by the City to the success-
ful bidder.
Section 8. Upon said deposit of said funds by said Company with the
City, or upon the payment of said bid in full, as aforesaid, a Certi-
ficate of indebtedness in the amount thereof, in substantially the
following form, shall be executed and delivered to said Company by
the Mayor-Commissioner and the City Clerk under the seal of the City:
CERTIFICATE OF INDEBTEDNESS NO.
CITY OF ATLANTIC BEACH, FLORIDA.
$ , 1967
KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida,
for value received hereby promises to pay to the order of the Selva
Marina Realty Company, a Florida corporation, from the special fund
hereinafter mentioned, the sum of $ , without interest,
said sum to be paid from said special fund at the times and in the
manner hereinafter set forth.
This obligation is issued to finance the cost to the City of Atlantic
Beach for the construction of an extension of its water system within
the area of the City bounded on the South by Selva Marina Unit No. 2,
on the East by Seminole Beach Road, on the North by Saturiba Drive and
on the West by the Selva Marina Country Club, and under authority of
and in compliance with the Constitution and Statutes of the State of
Florida, and the resolution duly adopted by the City Commission of the
said City on July 7th, 1959 and known as' Resaluti3ri No: 59-11 and the. '
orc'Unance duly adopted by the City Commission of the said City on
, 1967 and known as Ordinance No. , and is
subject to all the terms and conditions of said ordinance.
This obligation is payable solely from and is secured by a third lien
on and third pledge of the revenues collected and received by said
City from the users within the said area above described of the sewer
system of said City for the use of same and does not constitute an
indebtedness of the City of Atlantic Beach within the meaning of any
Constitutional, Statutory or Charter provision or limitation, and
it is expressly agreed by the holder of this obligation that such
holder shall never have the right to require or compel the exercise
of the ad valorem taxing power of said City for the payment of this
obligation or any part thereof.
It is further agreed by the City of Atlantic Beach and the holder
of this obligation that this obligation shall not constitute a lien
upon said water facilities or any of the property of said City, but
shall constitute a lien only on said sewer service charges as and
when collected by said City in the manner provided in said resolution.
It is expressly agreed and understood by tha holder hereof that the
aforesaid lien and pledge of said revenues is subordinate to the lien
and pledge thereof given and granted by the City for the payment of
that certain certificate of indebtedness designated "Certificate of
Indebtedness No. 1" of said City bearing date of July 30, 1959 in
the sum of $22, 102.54, and that certain certificate of indebtedness
designated "Certificate of Indebtedness No. 2" of said City bearing
date of December 31, 1959, in the sum of $4, 700. 00. The City of
Atlantic Beach covenants with the holder of this obligation that so
long as any part of this obligation remains unpaid, but for no longer
period than thirty years from date hereof, to levy a sewer service
charge in accordance with the rates as now provided by Ordinance No.
80-59-2 of said City upon all persons within said territorial area
whose property is served by the sewer facilities of said City and
after the said certificates of indebtedness Nos. 1 and 2 shall have
been paid in full, to pay annually to the holder of this obligation
all monies collected and received by the City for said sewer charges
to customers served by Sewage Pumping Station D on account of and
in payment of this obligation; PROVIDED, HOWEVER, that if the funds
collected and received by tha City and herein pledged as aforesaid
shall, after the elapse of thirty years hereafter be insufficient
to fully pay and discharge said certificates of indebtedness Nos. 1
and 2 and this obligation:, then this obligation shall then and there
become null and void and shall stand discharged to the same extent
and with like effect as if the same had been paid in full.
IN WITNESS WHEREOF the City of Atlantic Beach has executed this
obligation and has caused the same to be signed by its Mayor-
Commissioner and the Corporate Seal of the said City to be affixed
hereto. Attested by its City Clerk this day of
1967.
(Page 4)
CITY OF ATLANTIC BEACH
Its Iayor-Cor.missioner
Attest:
Its City Clerk
Section 9. THAT, so long as any part of the aforesaid. Certificates
of Indebtedness shall remain unpaid, but not for a longer period
than thirty years from: the date of said last dated certificate, the
City shall levy the sewer service charges upon the use of the sewer
facilities of the City as covenanted in th.3 aforesaid Certificate
of Indebtedness, in accordance with the rates as now provided by
Ordinance No. CO-59-2 of the City, and all monies collected and
received by the City for such sewer service charges shall be deposited
by the City Treasurer in a special fund to be designated Selva Marina
Sewer Fund and shall be used only for the payment of said certificates
until the same be paid and discharged in accordance with the terms
thereof. All monies received by the City from said Selva Marina
Realty Company in accordance with this ordinance shall also be de-
posited in said fund.
Section 10. The City Commission has found. and determined that the
improvements made by Selva Marina Realty Company, described in Section
1 hereof, in accordance with the provisions of said Resolution No.
5g-13 duly adopted by the City Commission on July 7, 1959 were
necessary to the health and the general welfare of the City and its
inhabitants and hereby ratifies and confirms said resolution and
the certificates of indebtedness thereby authorized, issued and de-
livered thereafter to Selva Marina Realty Company, and ratifies and.
confirms the obligation thereof of the City according to the terms
and conditions therein set forth.
Section 11. The City Commission has found and determined that it is
necessary for the health and the general welfare of the City and its
inhabitants that further additions to the sewer and water syster::s of
the City are required to encourage and to assure the complete develop-
ment of the area of the City described in Section 1 hereof, by the
sane method of City financing and that the financing of said further
additions to said water system he and the sage are hereby authorized
by additional certificates of indebtedness to be issued in the eame
. t 0 . 3 S-17 a_
Page 5
form, term and conditions upon compliance hereafter by Selva Marina
Realty Company respecting additional plats of Selva Marina sub-
division units in said area, until saidarea is completely developed
in accordance with the same requirements hereof applying to Selva
Marina Unit No, 6.
Section 12. This Ordinance shall take effect immediately upon its
final passage.
:'(* ***::*::Y*s':,. ...::;* **********
Passed by the City Commission on first reading on SepteDber 25, 1967
Passed by the City Cohimission on second reading on October 9 , 1967
ATTEST:
I / ,
Get....&._ • , , . ,
City Clerk ,
(SEAL)
'mss is to certify that the above ordinance q 3,5-- 6 7`.t
posted 161-1e2- C/ 77 at the City Hall following its final
age on 9 0- 4-4T
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ad-Q-16Z_ _.
Adele S. Grave, City Cle