03-13-95 v j
ATLANTIC BEACH CITY COMMISSION
MARCH 13, 1995
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of
February 27, 1995.
2. Recognition of Visitors
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION
IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
3. Unfinished Business:
a. Two appointments to the Arts and Entertainment Board to
fill vacancies created by resignations
4. Consent Agenda:
a. Acknowledge receipt of the following reports for the
month of February:
1. Code Enforcement Activity Report
2. Building Department report
3. Recreational facilities usage report
4. Fire Department report
5. Action on Resolutions:
a. Adoption of Resolution No. 95-10 reaffirming the need for
continuance of the U.S. Army Corps of Engineers contract
with Duval County to periodically renourish the sandy
beaches of Duval County
b. Adoption of Resolution No. 95-11 providing for the
establishment of a pre-tax deduction plan for employee
contributions to the city' s pension plan
6. New Business:
a. Action on a request filed by Kiran M. Thakkar to waive
the 1, 500 foot separation between businesses which sell
alcoholic beverages (George Worley)
b. Request by Beaches Habitat for donation of two city-owned
lots (George Worley)
c. Approve Change Order representing an increase in the
amount of $6, 180.00 in the project to remove and replace
underground fuel storage tank as specified in bid No.
9495-9 (Bob Kosoy)
d. Authorize entering into a contract with Pallans &
Associates to provide communications consulting services
for the City of Atlantic Beach (Chief Thompson)
Page Two AGENDA March 13, 1995
e. Authorize execution of Public Housing Cooperation
Agreement with the Housing Authority of Jacksonville
(George Worley)
f. Ratification of contract between the City of Atlantic
Beach and the International Association of Firefighters,
Local, 2622 (Capt. Campbell )
g. Authorize purchase of computer hardware, software and
wiring for Public Safety Building (Chief Thompson)
7. City Manager Reports and/or Correspondence:
8. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
a. Report of Navy Restoration Advisory Board (Comm. Weiss)
Adjournment
If any person decides to appeal any decision made by the City
Commission with respect to any matter considered at any meeting,
such person may need a record of the proceedings, and, for such
purpose, may need to ensure that a verbatim record of the
proceedings is made, which record shall include the testimony and
evidence upon which the appeal is to be based.
Any person who wishes to speak to the City Commission on any matter
at this meeting should submit a request to the City Clerk prior to
the meeting. Forms are available at the entrance to the Commission
Chambers for your convenience.
MINUTES OF THE REGULAR MEETING OF MANTIC BEACH CITY V V
COMMISSION HELD ON MONDAY, MARCH 13, 1995 0 0
T T
PRESENT: Lyman T. Fletcher, Mayor E E
Steven M. Rosenbloom D D
Suzanne Shaughnessy
J. Dezmond Waters, III, and
Robert G. Weiss, Commissioners M S
O E
T C
AND: Kim D. Leinbach, City Manager I 0 Y
Alan C. Jensen, City Attorney NAME OF 0 N E N
Maureen King, City Clerk COMMRS. N D S O
The meeting was called to order by Mayor Fletcher. The
invocation was followed by the pledge to the flag.
1. Approval of the minutes of the Regular Commission meeting
of February 27, 1995.
Approval of the minutes of the regular meeting of
February 27, 1995 ROSENBLOOM X
SHAUGHNESSY X X
Notion: Approve minutes of the regular meeting of WATERS X X
February 27, 1995 WEISS X
FLETCHER X
Under discussion, Commissioner Shaughnessy requested that Page
3 of the minutes be amended by removing the word "not" to
indicate she was originally in favor of directing staff to
rebid the city's Wastewater Treatment Plant to remove the 60
mile requirement.
The question was called and the motion carried unanimously.
2. Recognition of Visitors:
William Gulliford, President of Beaches Habitat, requested
that the city use half of the remaining Community Development
Block Grant (CDBG) funds to demolish four city owned houses on
Francis Street. He indicated the cost would be under
$6,000.00, and that Kimmins Recycling agreed to demolish the
houses on the East side of Francis Street at the same price as
was bid for demolishing houses on the west side of Francis
Street. ROSENBLOOM X
SHAUGHNESSY X X
Notion: Authorize expenditure of excess funds remaining WATERS X
in CMG grant funds to demolish four remaining concrete WEISS X
block houses on Fast side of Francis Avenue not to FLETCHER X X
exceed $5,000.00
Following a brief discussion the question was called and the
motion carried unanimously.
li , Ruth Gregg inquired regarding trees to be planted on Plaza
Street. Kim Leinbach, City Manager, was asked to advise Ms.
Minutes, Page 2
March 13, 1995
V V
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concerning the numher of trees to be planted, the location of COMMRS. MSYN
the trees to be planted, etc.
3. Unfinished Business:
a. Tian appointments to the Arts and Entertainment Board to
fill vacancies created by resignations
Mayor Fletcher requested that Commissioners subunit names to
serve on the Arts and Entertainment Board. Commissioner
Waters felt one appointee should have a solid musical
background. Mayor Fletcher indicated Gary Santora resigned
from the Parks and Recreation Board and he indicated he would
like to make an appointment to this board at the next meeting.
4. Consent Agenda:
a. Acknowledge receipt of the following reports for the month
of February;
1. Code Enforcement Activity Report
2. Building Department report
3. Recreational facilities usage report
4. Fire Department report
Commissioner Weiss requested that Consent Agenda item a.2 be
pulled from the Consent Agenda.
a.2. Building Department report
Commissioner Weiss commented on the amount of permitting that
had occurred in the Building Department during the month of
February.
The Commission accepted the Consent Agenda.
Mayor Fletcher requested that the monthly recycling report be
included under Consent Agenda items.
Ruth Gregg indicated there had been several people who
recently moved into the Royal Palm area who were not
recycling. Staff was instructed to follow up on the matter to
insure residents had recycling bins.
5. Action on Resolutions:
a. Resolution No. 95-10 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, AFFIRMING THE NEED FOR. CONTINUANCE OF
THE UNITED STATES ARMY CORPS OF ENGINEERS CONTRACT WITH DUVAL
COUNTY, FLORIDA TO PERIODICALLY R NOURISH THE SANDY BEACHES OF
DUVAL COUNTY
Mayor Fletcher presented in full, in writing, Resolution No.
95-10. ROSENBLOOM X X
SHAUGHNESSY X
Motion: Approve passage of Resolution No. 95-10 WATERS X
WEISS X X
Commissioner Weiss explained the presentation of this FLETCHER X
Minutes, Page 3
March 13, 1995
V V
NAME OF
COMMRS. MSYN
resoiution ,vas due to .n article that appeared in the
Times-Union concerning the possibility of losing funding, and
the purpose of the Resolution was to let the wishes of the
City be known.
The question was called and the motion carried unanimously.
b. Resolution No. 95-11 - A RESOLUTION OF THE CITY OF MANTIC
BEACH, PROVIDING FOR THE ESTABLISHMENT OF A FEE-TAX DEDUCTION
PLAN FUR FMPIUVFE CONTRIBUTIONS 7.0 THE CITY'S PENSION PIAN
Mayor Fletcher presented in full, in writing, Resolution No.
95-11. ROSENBLOOM X
SHAUGHNESSY X X
Notion: Approve passage of Resolution No. 95-11 WATERS X
WEISS X X
It was explained the purpose of the resolution was to provide FLETCHER X
pre-tax deductions for the city's pension plan. Don Ford,
employee representative for the Pension Board, explained he
and Ann Meuse, Finance Director, had worked on the plan for
some time and it was felt the impact to employees would be
minimal. Commissioner Shaughnessy, who was appointed by the
Mayor to study the matter with staff, reported she had met
with Mr. Ford and she supported the resolution.
The question was called and the motion carried unanimously.
Mayor Fletcher thanked Commissioner Shaughnessy for the time
she spent working with staff, and Commissioner Shaughnessy
thanked Kim Leinbach and Don Ford for their diligence and
work.
6. New Business:
a. Action on a request filed by Kiran M. Thakkar to waive the
1,500 foot separation between businesses which sell
alcoholic beverages
Kim Leinbach explained the applicant desired to open a
convenience store on Sailfish Drive, and the store would like
to sell alcoholic beverages. The provisions of Chapter 3,
Section 3-6, required a minimum separation of 1,500 feat
between locations selling alcoholic beverages. Mr. Leinbach
explained there was a small restaurant approximately 400 feet
north of the proposed convenience store location. Mr.
Leinbach reported staff recommended that the request for
waiver of distance requirement for alcoholic beverage license
be denied, since the code provided no mechanism for such a
variance.
ROSENBLOOM X
Notion: Accept recommendation of staff and deny SHAUGHNESSY X X
request filed by Kiran M. Thakkar to waive the WATERS X
1,500 foot separation between businesses which sell WEISS X
:LETCHER X X
alcoholic beverages
Minutes, Page 4
March 13, 1995
V V
NAME OF
COMMRS. MSYN
Following discussion, the question was called and the motion
carried unanimously.
b. Request by Beaches Habitat for donation of two city-owned
lots
Kim Leinbach explained in 1993 Reuben Buffkin donated two lots
near the south end of Main Street to the city. At that time a
number of potential options for the use of the lots were
discussed, including the option to sell or donate them to
Habitat or the Donner Community Development Corporation (DCDC)
for the construction of homes. It was explained both lots
abut the mobile home park, and that Beaches Habitat expressed
a strong interest in obtaining the lots for construction of
two homes.
It was explained staff had worked with Beaches Habitat for the
past four years and found them to be a reliable and consistent
provider of new homes for low to moderate income range
families. This, coupled with the limited usefulness of the
two lots to the city, encouraged staff to recommend that the
city donate the two lots to Beaches Habitat, with the
provision that two single-family homes be constructed thereon.
Notion; Donate Lots 1 and 2, Block 84, Section H ROSENBLOOM X
(southeast corner of Main Street and West Second Street) SHAUGHNESSY X X
to Beaches Habitat, with the provision that two WATERS X
single-family hones be constructed thereon, subject to WEISS X X
legal parameters identified by the City Attorney FLETCHER X
Following discussion, the question was called and the motion
carried unanimously.
William I. Gulliford thanked the city on behalf of Beaches
Habitat. He thanked Sharette Simpkins and Peggy O'Neill for
their work on behalf of Habitat and DCDC.
c. Approve Change Order representing an increase in the
amount of $6,180.00 in the project to remove and replace
underground fuel storage tank as specified in Bid No.
9495-9
Bob Kosoy, Public Works Director, reported on February 12,
1995 the Commission awarded Bid No. 9495-5 Replacement of Fuel
Storage Tanks for a low bid of $61,200.00. The amount
budgeted for this project was $69,000.00. Mr. Kosoy requested
a Change Order increase in the amount of $6,180.00 to upgrade
the city's fuel management system to computerized management
through encoded chip key dispensers. He explained the
advantage of computerized fuel management were three fold:
(1) ability to control amount of fuel dispensed, (2) more
accurate and positive fuel control, and (3) more accurate and
timely submittal of consumption reports to the Finance
Department.
Minutes, Page 5
March 13, 1995
V V
NAME OF
COMMRS. M S Y N
Motion: Approve change order in the amount of $6,180 to ROSENBLOOM X X
Florida Equipment Sales, Inc. (Bid No. 9495-5) to upgrade SHAUGHNESSY X X
the city's fuel management system to computerized WATERS X
management through encoded chip key dispensers WEISS X
FLETCHER X
Following discussion, the question was called and the vote
resulted in 2-3 with Commissioners Shaughnessy, Waters and Mayor
Fletcher voting nay. The motion failed.
d. Authorize entering into a contract with Pallans &
Associates to provide communications consulting services
for the City of Atlantic Beach
David Thompson, Chief of Police, recommended hiring Pallans
and Associates to provide the city with communications
consulting services for immediate and longterm direction with
reference to the city's overall communications needs, at a
cost of $6,000.00. Chief Thompson felt since there was no one
employed by the City who had the expertise to direct the
city's longterm communications programs, it was necessary to
hire a consultant.
ROSENBLOOM X
Motion: Authorize Pallans and Associates to provide SHAUGHNESSY X X
consulting services for the city's overall communications WATERS X
needs at a cost of $6,000.00 WEISS X X
FLETCHER X
Under discussion, it was explained a reliable system was
needed that could be used effectively in an emergency. Chief
Thompson explained this was something that would affect every
department in the city, and the Police Department was taking
the lead. He further explained currently each department was
addressing its package needs to the exclusion of other
departments and thus the system was fragmented. It was hoped
the direction that would be given by the consultant would be
something that the overall city could utilize. It was felt by
some commissioners that a figure should be decided upon so
that the consultant would have some direction as to how much
the city was committed to spend. Chief Thompson explained it
was difficult to decide on an amount to spend when the city
was not aware of what was needed and the consultant would
indicate the direction the city should take.
The question was called and the vote resulted in 3-2 with
Commissioner Rosenbloom and Waters voting nay. The
motion carried.
e. Authorize execution of Public Housing Cooperation
Agent with the Housing Authority of Jacksonville
Kim Leinbach recommended the Agreement not be approved, as he
indicated staff had several concerns relative to the language
contained in the Agreement. He referred to George Worley's
memorandum dated March 3, 1995 which outlined the concerns
• Minutes, Page 6
March 13, 1995
V V
NAME OF
COMMRS. MSYN
(memorandum attached hereto and made a part hereof) . Mr.
Leinbach indicated in addition to the concerns indicated by
Mr. Worley, he also had additional concerns in paragraphs 4,
6, and 7 (agreement attached hereto and made a part hereof) . ROSENBLOOM X
SHAUGHNESSY X X
Notion: Deny authorization to execute Public Dousing WATERS X X
Cooperation Agreement with the Dousing Authority of WEISS X
Jacksonville FLETCHER X
Following discussion the question was called and the motion
carried unanimously.
f. Ratification of contract between the City of Atlantic
Beach and the International Association of Firefighters,
Local 2622
Captain Campbell, Chief Negotiator, reported the contract had
been signed and agreed upon by all parties and it was
necessary for the commission to ratify the contract.
Notion: Ratify contract between the City of Atlantic ROSENBLOOM X X
SHAUGH
Beach and the International Association of Firefighters, ATERSNESSY X
Local 2622, effective October 1, 1994 through September WATERS X X
30, 1995 WEISS X
FLETCHER X
No discussion before the vote. The motion carried
unanimously.
g. Authorize purchase of computer puter hardware, software and
wiring for Public Safety Building
David Thompson, Police Chief, explained the Police and Fire
Department currently had personal computers that were not
networked and, thus, information was not available to all
Public Safety personnel. He indicated staff proposed to
network city systems together. He explained John Ruley, Fire
Chief, had expertise in this field and Chief Ruley provided
information staff needed to go out and seek prices. It was
recommended A & M Computers provide the installation of the
computer hardware, with Reliable providing the wiring of the
system. It was explained A & M Computers had worked for the
city in the past with good results.
Notion: Award proposals to purchase file server, ROSENBLOOM X
workstations, software, and installation to A & M SHAUGHNESSY X X
Computers, with Reliable providing the wiring for the WATERS X X
system at a total price of approximately $20,000 WE I S S x
FLETCHER X
No discussion before the vote. The motion carried
unanimously.
7. City Manager Reports and/or Correspondence;
Kim Leinbach reported Jack Robbins, Chairman of the
• Minutes, Page 7
March 13, 1995
V V
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COMMRS. MSYN
Beautification Committee, mad written a letter conplimen ing
the Public Works Department on the work they had done to clean
up and beautify Mayport Road.
Mr. Leinbach advised Dick Brown, Jacksonville City Councilman
for the Beaches area, would be presenting a check in the
amount of $127,802 for construction of the Jack Russell Park
Concession Building in a ceremony scheduled on Wednesday,
March 15, 1995, 8:30 a. m. at the construction site.
Kim Leinbach indicated there would be a goal setting session
Monday, March 20, 1995 frau 5:00 p. m. until 9:00 p. m. , at
the Community Center.
8. Reports and/or requests from City Caamissioners, City
Attorney and City Clerk:
Commissioner Rosenbloom suggested the Commission rely on
recommendations presented by Staff.
Commissioner Waters indicated Claude Mullis, Attorney for the
the Northeast Florida League of Cities, had written to
Representative Fowler and Senators Mack and Graham relative to
legislation which would limit unfunded mandates. It was
reported Ms. Fowler and both Senators indicated they had voted
in favor of limiting unfunded mandates.
Commissioner Shaughnessy encouraged everyone to cane to the
Donner clean-up activity to be held April 29, 1995.
Commissioner Weiss commended Ron Schiebler, City Gardener,
for doing a good job on the city's landscaping.
Commissioner Weiss suggested reviewing the city's policy
relative to returning utility deposits to customers. The
Mayor suggested reviewing the matter after the city installed
the true monthly billing system.
There being no further business the Mayor adjourned the
meeting at 9:10 p. m.
.„.....""411101111111111"
'- 4 V
. T. Fletcher
Mayor/Presiding Officer
ATTES T:
a.
Ma leen King
Ci Clerk
gAtf/tel
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public Housing Cooperation Agreement
SUBMITTED BY: George Worley , Community Development Director 641
DATE : March 3, 1995
BACKGROUND:
The City of Jacksonville has had cooperation agreements
with the other smaller municipalities within Duval county since
prior to consolidation . The City of Atlantic Beach has ,
apparently , never had such an agreement .
The proposed agreement submitted to us by Jacksonville
requires that Jacksonville attempt to develop a twenty (20 ) unit
"Project" of public housing within the corporate limits of
Atlantic Beach. Atlantic Beach , for its part , agrees to provide
appropriate utility services and to rezone property where
"reasonable and necessary for the development and protection of
such Project and the surrounding territory" . If the property
whereon the "Project" will be built , is removed from the tax
rolls of Atlantic Beach, the City of Jacksonville will reimburse
Atlantic Beach a variable amount dependent upon the size of the
project .
RECOMMENDATION:
This agreement does not effect any existing public housing
units in Atlantic Beach. This agreement , also , seems to
strongly imply that any subsequent public housing units will be
clustered together as a "Project" . Staff has a concern that ,
given the very limited availability of vacant multifamily zoned
property in Atlantic Beach , Jacksonville will desire to site the
"project" in a single-family or duplex zoning district . The
agreement calls for Atlantic Beach to amend its zoning where
" reasonable and necessary" but fails to specify who determines
what is "reasonable and necessary" .
Staff has one other concern with the use of the terminology
"Project" . The traditional multifamily housing projects created
a isolated pocket of low income housing . These pockets created
barriers , physical , social , and economic , around themselves , and
very effectively kept people in as well as out .
Staff recommends that the language of this agreement be
amended to twenty (20 ) living units without using the term
' Project" and that the proposed units be sited in full
compliance with the zoning code of Atlantic Beach. With your
concurrence we will submit these changes to the City of r ���
Jacksonville and request that they modify the agreement and
return it for your approval .
ATTACHMENTS:
1 ) Proposed Housing Coopera ion Agreem,nt .
REVIEWED BY CITY MANAGER i _ /'G a4/ !�
CIAQ Qe AGENDA ITEM NO.
4ej A,etze6e, (.‘"07 rteezthi 001dila'te/ and4447 4A4kf.1 4471/114, 2
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OFFICE OF
GENERAL COUNSEL
JOHN A.DELANEY CITY OF JACKSONVILLE TEL(904)630-1700
GENERAL COUNSEL 1300 CITY HALL FAX(904)630-1731
220 EAST BAY STREET
JACKSONVILLE,FLORIDA 32202
January 13, 1995
The Honorable Lyman T. Fletcher
Mayor of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Re: Public Housing Cooperation Agreement
Dear Sir:
Now that public housing activities are under the aegis of the Jacksonville Housing
Authority, we are redrafting all agreements to substitute the Authority as the successor in interest
to the City of Jacksonville in cooperation agreement with local municipalities. With respect to
Atlantic Beach, we fmd that the agreements that should have been executed in 1982, when public
housing units were first established there, never came into being. The agreement was standard
federal form PHA-2481.
The enclosed agreement is an exact copy and restatement of PHA-2481 which was signed
by Jacksonville Beach and Baldwin on March 21, 1957 and May 28, 1959, respectively.
Executing the agreement at this time will guarantee the funding and support not only of existing
units but also any projects that may be funded in the future.
I hope you will fmd the agreement acceptable and in satisfactory form. If you have any
questions, please call me.
Upon execution by your City, please return the agreement to me. When signed by the
Authority we will return a copy to you.
Thank you for your help and cooperation.
Sincerely,
4ege,k_
Louis E. Black
Assistant General Counsel
LEB:cs
Enclosure
cc: Larry Tipping, Sr. Mgmt. Improvement Officer
COOPFRATION AGREEMENT
THIS AGREEMENT, entered into this
and
between THE HOUSING AUTHORITY OF JACKSONVILLE, FLORIDA (herein95called the
"Local Authority") and the CITY OF ATLANTIC BEACH, FLORIDA (herein called the
"Municipality")
WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree
as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low-rent housing
hereafter developed as an entity by the Local Authority with
financial assistance of the Federal Department of Housing and
Urban Development(herein called"FHUD");excluding,however,
any low-rent housing project covered by any contract for loans and
annual contributions entered into between the Local Authority and
FHUD, or its predecessor agencies, prior to the date of this
Agreement.
(b) The term "Taxing Body" shall mean the State or any
political subdivision or taxing unit thereof in which a Project is
situated and which would have authority to assess or levy real or
personal property taxes or to certify such taxes to a taxing body or
public officer to be levied for its use and benefit with respect to a
Project if it were not exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all charges
to all tenants of a Project for dwelling rents and nondwelling rents
(excluding all other income of such Project), less the cost to the
Local Authority of all dwelling and nondwelling utilities.
(d) The term "Slum" shall mean any area where dwellings
predominate which, by reason of dilapidation, overcrowding,
faulty arrangement or design, lack of ventilation, light or sanitation
facilities, or any combination of these factors, are detrimental to
safety, health or morals.
2. The Local Authority shall endeavor (a) to secure a contract or contracts with
FHUD for loans and annual contributions covering one or more Projects comprising
approximately 20 units of low-rent housing, and (b) to develop and administer such Project or
Projects, each of which shall be located within the corporate limits of the Municipality. If and
when additional funding may become available, additional Projects may be planned and
developed. The obligations of the parties hereto shall apply to each such Project and this
Agreement concerning the total number of units involved, shall be amended accordingly.
3. (a) Under the constitution and statutes of the State of Florida, all Projects are
exempt from all real and personal property taxes and special assessments levied or imposed by
any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by
a public body or governmental agency and is used for low-rent housing purposes, or (ii) any
contract between the Local Authority and FHUD for loans or annual contributions, or both, in
connection with such Project remains in force and effect,or(iii)any bonds issued in connection
with such Project or any monies due to the FHUD in connection with such Project remain
unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose
any real or personal property taxes or special assessments upon such Project or upon the Local
Authority with respect thereto. During such period, the Local Authority shall make annual
payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special
assessments and in payment for the Public services and facilities furnished from time to time
without other cost or charge for or with respect to such Project.
(b) Each such annual Payment in Lieu of Taxes shall be made after the end of
the fiscal year established for such Project, and shall be in an amount equal to either (i) ten
percent (10%) of the aggregate Shelter Rent actually collected but in no event to exceed the
Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year
or(ii)the amount permitted to be paid by applicable state law in effect on the date such payment
is made, whichever amount is the lower.
(c) No payment for any year shall be made to the Municipality in excess of the
amount of the real property taxes which would have been paid to the Municipality for such year
if the Project were not exempt from taxation.
(d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes,
no lien against any Project or assets of the Local Authority shall attach, nor shall any interest
or penalties accrue or attach on account thereof.
4. The Municipality agrees that, subsequent to the date of initiation (as defined in
the United States Housing Act of 1937, as amended) of each Project and within five years after
the completion thereof, or such further period as may be approved by the FHUD,there has been
or will be elimination (as approved by the FHUD) by demolition, condemnation, effective
closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated
in the locality or metropolitan area in which such Project is located, substantially equal in
number to the number of newly constructed dwelling units provided by such Project; Provided,
that, where more than one family is living in an unsafe or insanitary dwelling unit, the
elimination of such unit shall count as the elimination of units equal to the number of families
accommodated therein; and v'ded, further, that this paragraph 4 shall not apply in the case
of(i) any Project developed on the site of a Slum cleared subsequent to July 15, 1949, and that
the dwelling units eliminated by the clearance of the site of such Project shall not be counted as
elimination for any other Project or any other low-rent housing project, or (ii) any Project
located in a rural nonfarm area.
5. During.the period commencing with the date of the acquisition of any part of the site
or sites of any Project and continuing so long as either (i) such Project is owned by a public
body or governmental agency and is used for low-rent housing purposes, or (ii) any contract
between the Local Authority and the FHUD for loans or annual contributions, or both, in
connection with such Project remains in force and effect, or(iii)any bonds issued in connection
with such Project or any monies due to FHUD in connection with such Project remain unpaid,
whichever period is the longest, the Municipality without cost or charge to the Local Authority
or the tenants of such Project (other than the Payments in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Local Authority and the
tenants of such Project public services and facilities of the same character
and to the same extent as are furnished from time to time without cost or
charge to other dwellings and inhabitants in the Municipality;
(b) Vacate such streets, roads,and alleys within the area of such Project
as may be necessary in the development thereof, and convey without
charge to the Local Authority such interest as the Municipality may have
in such vacated areas; and, insofar as it is lawfully able to do so without
cost or expense to the Local Authority or to the Municipality, cause to be
removed from such vacated areas, insofar as it may be necessary, all
public or private utility lines and equipment;
(c) Insofar as the Municipality may lawfully do so, (i) grant such
deviations from the building code of the Municipality as are reasonable
and necessary to promote economy and efficiency in the development and
administration of such Project, and at the same time safeguard health and
2
• safety, and
(ii) make such changes in any zoning of the site and
surrounding territory of such Project as are reasonable and necessary for
the development and protection of such Project and the surrounding
territory;
(d) Accept grants of easements necessary for the development of such
Project; and
(e) Cooperate with the Local Authority by such other lawful action or
ways as the Municipality and the Local Authority may find necessary in
connection with the development and administration of such Project.
6. In respect to any Project the Municipality further agrees that within a reasonable time
after receipt of a written request therefor from the Local Authority:
(a) It will accept the dedication of all interior streets, roads, alleys, and
adjacent sidewalks within the area of such Project, together with all storm
and sanitary sewer mains in such dedicated areas, after the Local
Authority, at its own expense, has completed the grading, improvement,
paving, and installation thereof in accordance with specifications
acceptable to the Municipality;
(b) It will accept necessary dedications of land for, and will grade,
improve, pave, and provide sidewalks for, all streets bounding such
Project or necessary to provide adequate access thereto (in consideration
whereof the Local Authority shall pay to the Municipality such amount as
would be assessed against the Project site for such work if such site were
privately owned); and
(c) It will provide, or cause to be provided, water mains, and storm and
sanitary sewer mains, leading to such Project and servicing the bounding
street thereof(in consideration whereof the Local Authority shall pay the
Municipality such amount as would be assessed against the Project site for
such work if such site were privately owned).
7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished
any public services or facilities which it has agreed hereunder to furnish or to cause to be
furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any
expense to obtain such services or facilities then the Local Authority may deduct the amount of
such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in
respect to any Project or any other low-rent housing projects owned or operated by the Local
Authority.
8. No Cooperation Agreement heretofore entered into between the Municipality and the
Local Authority shall be construed to apply to any Project covered by this Agreement.
9. So long as any contract between the Local Authority and FHUD for loans (including
preliminary loans) or annual contributions, or both, in connection with any Project remains in
force and effect, or so long as any bonds issued in connection with any Project or any monies
due to the FHUD in connection with any Project remain unpaid, this Agreement shall not be
abrogated, changed, or modified without the consent of FHUD. The privileges and obligations
of the Municipality hereunder shall remain in full force and effect with respect to each Project
so long as the beneficial title to such Project is held by the Local Authority or by any other
public body or governmental agency, including FHUD, authorized by law to engage in the
development or administration of low-rent housing projects. If at any time the beneficial title
to, or possession of, any Project is held by such other public body or governmental agency,
including FHUD, the provisions hereof shall inure to the benefit of and may be enforced by,
such other public body or governmental agency, including FHUD.
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10. In addition to the Payments in Lieu of Taxes and in further consideration for the
public services and facilities furnished and to be furnished in respect to any Project for which
no Annual Contributions Contract had been entered into prior to August 2, 1954, between the
Local Authority and FHUD:
(1) After payment in full of all obligations of the Local Authority in connection with
such Project for which any annual contributions are pledged and until the total amount of annual
contributions paid by FHUD in respect to such Project has been repaid, (a) all receipts in
connection with such Project in excess of expenditures necessary for the management,operation,
maintenance, or financing,and for reasonable reserves therefor, shall be paid annually to FHUD
and to the Municipality on behalf of the local public bodies which have contributed to such
Project in the form of tax exemption or otherwise, in proportion to the aggregate contribution
which FHUD and such local public bodies have made to such Project, and(b) no debt in respect
to such Project, except for necessary expenditures for such Project, shall be incurred by the
Local Authority;
(2) If, at any time, such Project or any part thereof is sold, such sale shall be to the
highest responsible bidder after advertising, or at fair market value as approved by FHUD, and
the proceeds of such sale, together with any reserves, after application to any outstanding debt
of the Local Authority in respect to such Project, shall be paid to FHUD and local public bodies
as provided in clause 1(a)of this Section 10;provided that the amounts to be paid to FHUD and
the local public bodies shall not exceed their respective total contribution to such Project;
(3) The Municipality shall distribute the payments made to it pursuant to clauses (1)
and (2) of this Section 10 among the local public bodies (including the Municipality) in
proportion to their respective aggregate contributions to such Project.
IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively
signed this Agreement and caused their seals to be affixed and attested as of the day and year
first above written.
CITY OF ATLANTIC BEACH, FLORIDA
(SEAL)
By
Lyman T. Fletcher
Mayor
Attest:
By
Maureen King Kim 0. Leinbach
City Clerk City Manager
THE HOUSING AUTHORITY OF
JACKSONVILLE, FLORIDA
(SEAL)
By
David Hicks
Attest: Chairman
Print Name:
Secretary
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