59-13
RESOLUTION NO. 59-13
WHEREAS, the Seiva Marina Realty Company, a Florida Corporation,
proposes to develop the area in 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, and has requested
the City of Atlantic Beach to construct as additions to its
sewer system a sewage pumping station and force main and water
mains with fire hydrants to serve said area and adjacent area
and has agreed to loan the City the cost of constructing said
improvements, said loan to be evidenced by Certificates of
Indebtedness payable out of special funds and in the amount
as hereinafter particularly set forth; and,
WHEREAS. said 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 at its own cost
and to let the contract for the construction thereof at the
same time the contract for the construction of said improve-
ments 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; and,
WHEREAS, plans and specifications for said improvements have
been prepared by the City~s Consulting Engineer, Walter J.
Parks, Jr., and approved and accepted by the City Commission;
and,
4v'HEREAS, the City Commission has found and determined that it
is necessary to the health and general welfare of the City and
its inhabitants that the said improvements be constructed;
NOW THEREFORE, BE IT RESOLVED by the City Commission of the
City of Atlantic Beach, Florida:
1. That said improvements be constructed, and that the City
Manager and City Clerk do advertise in accordance with the Charter
of the City a request for bids for the construction of said
improvement designated Sewage Pumping Station ~~D~~ and Force Main.
2. That upon the coming in and receiving of a satisfactory
bid for the construction of said Pumping Station ~~D~~ and Force
Main in accordance with said plans and specifications, the City
J
Manager shall notify the Selva Marina Realty Company and upon its
depositing with the City funds in the amount of said bid, plus
the cost of engineering incurred by the City, a contract for doing
said work shall be let by the City to the Successful bidder.
3. Upon deposit of said funds by-said camp any with the City,
as aforesaid, a certificate of indebtedness in the amount thereof
in substantially the following form shall be executed and delivered
to said company by the Mayor-Commissioner and City Clerk under the
Seal of the City:
CERTIFICATE OF INDEBTEDNESS NO. 1
CITY OF ATLANTIC BEACH, FLORIDA
S
1959
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
the sum of S ,
paid from said special
hereinafter -set forth.
special fund hereinafter mentioned,
without interest, said sum to be
fund at the times and in the manner
This obligation is issued to finance the cost to the City
of Atlantic Beach for the construction of a sewage pumping
station and force main and designated Sewage Pumping Station
~~D~~, and Force Main, according to plans and specifications
prepared by the City~s Consulting Engineer, Walter J. Parks,
Jr., 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 Resolution No. 59-13,
and is sub}ect to all the terms and conditions of said
resolution.
This obligation is payable solely from and is secured by
a lien on and a pledge of the revenues collected and
received by said City from the users of the sewer system
of said City served by said sewage pumping station 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 valorum taxing power of said
City for the payment of this obligation or any part thereof.
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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 sewer 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.
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 whose property is served by said
sewage pumping station and force main, and to pay annually
to the holder of this obligation all monies collected. and
received by the City for said sewer service charge 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 from date hereafter be insufficient to fully
discharge this obligation, the same shall then and there
become null and void and shall stand discharged to the same
extent and with like effect as if the same has been paid in
full.
tN 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 1959.
CITY OF ATLANTIC BEACH
Its Mayor-Commissioner
Attest:
Its City Clerk
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4. That the City, with its own work force, construct within
said area to be developed as aforesaid, an extention of its water
system by the construction of 6~~r-iain~ fire hydrants and other
necessary appurtenances in accordance with the plans and speci-
fications therefor on file with the City Manager and heretofore
approved by the City Commission upon said Selva Marina Realty
Company deposited with the City funds in t~e amount of 56000.00
(the estimated cost of said water imp~`ovements). When the said
work shall have been completed and the actual cost finally
determined, if the said sum so deposited shall be in excess of
the cost, sdch excess shall be refunded to the said Selva Marina
Realty Company and, if the said sum so deposited shall be less
than said cost the said Selva Marina Realty Company shall pay
to the City the difference. When the actual cost for doing
said work has been determined and the amount thereof deposited
with the City by said Selva Marina Realty Company the City shall
thereupon execute and deliver to said company by the Mayor-
Commissioner and City Clerk under the Seal of the City, a
certificate of indebtedness in the amount thereof in substantially
the.following form: ~ __ ,
CERTIFICATE OF INDEBTEDNESS NO. 2
CITY OF ATLANTIC BEACH, FLORIDA
n
S
KNOW ALL MEN BY THESE
Beach, Florida for va
to the order of the S
Corporation, from the
the sum of S ,
from said special fun
inafter set forth.
1959
PRESENTS, that the City of Atlantic
lue received hereby promises to pay
elva Marina Realty Company, a Florida
special fund hereinafter mentioned,
without interest, said sum to be paid
d at the times and in the manner here-
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 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 Resolution
No. 59-13, and is subject to all the terms and conditions
of said resolution.
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~"'~ This obligation is payable solely from and is secured by a
second lien on and second 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 valorum 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 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 the payment of that certain certificate of
indebtedness designated ~~Certificate of Indebtedness No. 1~~,
of said City bearing date of 1959 in the sum
of S 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 Certificate of Indebtedness No. 1
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 service charges 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 Certificate
of Indebtedness No. 1 and this obligation, then this obliga-
tion 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.
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t i 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 1959.
CITY OF ATLANTIC BEACH
Its Mayor-Commissioner
Attest:
Its City Clerk
5. THAT, so long as any part of either 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 the aforesaid Certificate of Indebtedness in accordance with
the rates as now provided by Ordinance No. 80-59-2 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 shall 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 resolution shall also be
deposited in said fund.
~ ~ ~ * ~ ~ ~
Passed by the City Commission July 7th, 1959.
_ Attest: j
- ~,
_-
._. ~ ~
... ~ ~ City Clerk ~
__
(SEAL)