72-28RESOLUTION N0. 72-28
_. WHEREAS, by Ordinance No. 35-67-2, the City of Atlantic Beach
authorized a continuing method for financing further additions
to the sewer and water systems of the City until 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 Selva Marina Country Club,
was completely developed;
WHEREAS, Selva Marina Realty Company now proposes to develop an
additional part of said area to be known as Selva Marina Unit No.
8, which will complete the development of said area, and has re-
quested the City of Atlantic Beach to construct an addition to
its water mains with fire hydrants to serve that portion of said
area now to be developed and has agreed to loan the City the cost
of constructing 'said addition to its water mains with fire hy-
drants, plus the cost of engineering, said loan to be evidenced
by a Certificate of, Indebtedness payable out of special funds as
in Ordinance No. 35=67-2 particularly set forth";
WHEREAS, Selva Marina Realty Company has requested the City of
Atlantic Beach to construct in said Se1va Marina Unit No. 8 the
necessary gravity sewer lines and to construct in said area the
streets and necessary drainage facilities and ,to let the contracts
for the construction thereof at the time it lets the contract for
the construction of the addition to its water mains and fire
hydrants in said area, the construct~n,of said improvements at
all times to be in accordance with~the plans and specifications
approved by the City and subject to its inspection, the same to
be and become, the property of the City.
WHEREAS, Selva Marina Realty Company has agreed to deposit with
the City the cost of constructing the necessary gravity sewer
lines and streets and drainage facilities, together with the cost
of engineering the same;
WHEREAS, plans and specifications for said improvements have been
prepared by the Owner's and City`s engineer and have been approv-
ed by the City Commission;
WHEREAS, satisfactory bids for the construction of said water
mains and fire hydrants, gravity sewer lines and street paving
and drainage have been received by the City in accordance with
said approved plans and specifications as followsa
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Item Low Bidder Amount Engineering
Fee Total
water Allen`s of Fla, Inc. $17,384.00 $1,686.25
sewer Alleris of Fla. Inc. 21,005.11 1,995.49
streets B.B. McCormick & Son 55,510.50 2,497.97
& drainage
$ 19,070.25
23,000,60
58,008.47
Total $93,899.61 $6,179.71 $100,079.32
GTHEREAS, the City has let the contracts `to the aforesaid low
bidders, subject to deposit by Selva Marina Realty Company of the
total funds aforesaid°; and subject to the approval of the plans
and specifications fer distribution of the water system addition
and for the gravity sewer lines by the appropriate governmental
agencies of the State of Florida; and,
WHEREAS, Selva b7arina Realty Company has agreed to deposit the
aforesaid sums for each of the above named improvements plus the
cost of any approved additions and less the cost of any approved
deletions thereto.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, AS FOLLOWSa
Section 1. Upon the deposit of said funds by said Selva Marina
Realty Company with the City, as aforesaid,'and upon the approval
of said plans by the appropriate governmental agencies of the
State of Florida, the Mayor and City Clerk are hereby authorized,
empowered and directed to execute in the name of the City con-
tracts for the construction of the aforesaid improvements.
Section 2. Upon the deposit of said funds for the addition to
its water mains and fire hydrants to serve that portion of said
area now to be developed, and upon the completion of construction
thereof, a Certificate of Indebtedness in the amount of the cost
thereof, plus the cost of engineering, (plus or minue any
appr~--~d additions or deletions) in substaintially the following
form shall be executed and delivered to said Selva Marina Realty
Company by the Mayor, Commissioner and the City Clerk under the
seal of the Citya
CERTIFICATE OF INDEBTEDNESS NO. 6
CITY OF ATLANTIC BEACH, FLORIDA
KNOW ALL MEN BY THESE PRESENT, tha
Florida, for value received hereby
the Selva Marina Realty Company, a
special fund hereinafter mentioned,
1972
t the City of Atlantic Beach,
promises to pay to the order of
Florida corporatian, from the
the sum $
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without interest, said sum to be .paid from said special fund at
the time 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 of July 7, 1959, and known
as Resolution No. 59-13 and the Ordinance duly adopted by the City
Commission of the said City on October 9, 1967, and known as
Ordinance No. 35-67-2, and is subject to all the terms and condi-
tions of said Resolution and Ordinance.
This obligation is payable solely from and is secured by a fourth
lien on and fourth 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 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 and Ordinance.
It is expressly agreed and understood by the 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 payment
of that certain certificate of indebtedness designated "Certifi-
cate of Indebtedness No. 1" of said'City bearing date of July 30,
1959, in the some 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,
and that certain Certificate of Indebtedness designated "Certifi-
cate of Indebtedness No. 5" of said City bearing date of February
10, 1970, in the sum of $12,520x66. 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 a period
than thirty years from date hereof, to levy a sewer service charge
in accordance
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rates not less than as provided by Ordinance No. 80-59-2 of said
City upon all persons within sa3.d territorial area whose pro-
petty is served by the sewer facilities of said City and after
the said Certificate of Indebtedness Nos. 1, 2 and 5 shall have
been paid in full, to pay annua`11y to the holder of this obli-
gation ali monies collected and received by the City fcr said
sewer charges tc 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 the City and herein
pledged as aforesaid shall, after the elapse of thirty years
hereafter be insufficient to fully pay and discharge said certi-
ficates or indebtedness Nos. 1, 2 and 5 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 blayor-
Commissioner and the Corporate Seal of the said City to be affix-
ed hereto. Attested by its City Clerk this
A.D., 1972>
day of
CITY OF ATLANTIC BEACH
Its Mayor-Commissioner
Its City Clerk
Section 3. So long as any part of the aforesaid Certificate of
Indebtedness shall remain unpaid, but not for a longer period
than thirty years from the date of said last dated certificate
and the Certificate of Indebtedness hereby authorized the City
shall levy the sewer service charges for sewer facilities of the
City as covented in the aforesaid Certificates of Indebtedness,
in accordance with the rates not less than as provided by Ordi-
nance No. 80-50-2 of the City, and all monies collected and re-
ceived by the City for such sewer 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 of indebtedness and the certificates of indebtedness
hereby authorized until the same be paid and discharged in
accordance with the terms thereof. A11 monies received by the
City from Selva Marina Realty Company for the aforesaid gravity
sewer lines and the aforesaid street paving and drainage, plus
the cost for engineering the same, shall be deposited in the
general fund of the City and are hereby appropriated for the
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construction of said sewer lines, street paving and drainage
contracts.
Section 4. The City Commission has found and determined that the
improvements proposed by Selves Marina Realty Company hereinbe-
fore described are in accordance with the provisions of said
Resolution No. 59-13 duly adopted by the City Commission July 7,
1959, and by Ordinance No. 35-67-2 adapted by the City Commission
on October 9, 1967, and were necessary to the health and general
welfare of the City and its inhabitants and hereby ratifies and
confirms paid Resolution and Ordinance and the Certificates of
Indebtedness thereby authorized, issued and delivered thereafter
to Se1va Marina Realty Company and ratifies and confirms the
obligation thereof of the City according to the terms and con-
ditions therein set forth,
Section 5. The City Commission has found and determined that the
improvements now proposed by Selves Marina Realty Company, for
Selves Marina Unit No. 8, as hereinabove described, sha11 cemFlete
the development of the area hereinbefore first described.
Passed by the City Commission on May 22~ 1972.
.w ~ Attesta
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City Clerk
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