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05-22-72 v • f CITY OF ATLANTIC BEACH AGENDA May 22, 1972 1. Call to order 20 Invocation 3 . Approval of minutes of the regular meeting of May 8, 1972° 4. Recognition of visitors. 5. Correspondence 6 . Bid Awards : A . Water distribution extension B. Sanitary Sewer extension C. Paving & Drainage facilities 7 . Thomas W. Buccino Re: Mobile Home Park 8. Robert Howard Re: Renewal of Zoning Lots 1 to 7 Block 26 Royal Palms , 9. Alarms System for Water and Sewer Plant 10. Second Reading Public Hearing on Ordinances: A. Planned Unit Development B. Zoning Change - - Residential AA Co Zoning Change - - Residential A-1 D. Zoning Change - - Residential A 11. Accept Plat of Selva Marina Unit Eight (8) 0 12 , Ordinances A, To amend and add to Ordinance No, 45-58-1 to change and effect a new License year. 13 . Resolutions: A . County Assessment Bo Westinghouse-Tenneco Development Co Certification of Indebtedness Selva Marina D. Transfer of Capital Funds 410 Eo Paving Atlantic Beach Villa #2 Page 2 - City of Atlantic Beach, Florida Agenda 1110 14. City Clerk 15., Chief of Police 16, Public Works Superintendent 17 . City Manager 18e Commissioners 19e Mayor 20. Adjourn 1110 4110 MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, May 22, 1972, AT 8:00 P.M .. PRESENT: William S . Howell, Mayor Commissioner R. R. Rosborough, II F. W. Fogg D. W. Speed, Commissioners AND R. C. Vogel, City Manager Oliver C. Ball, City Attorney Adele S . Grage, City Clerk ABSENT: L. W. Minton, Commissioner The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Rosborough, followed by the pledge to the flag. The minutes of the regular meeting of May 8, 1972, were approved as written upon motion of Mr. Speed, seconded by Mr. Rosborough and carried. Mr. Howell recognized and welcomed the vistors . There was no business to be considered not appearing on the agenda . Mr. Howell stated Connie Woods, Secretary, was leaving to get married and extended to her best wishes from the City of Atlantic Beach, Florida. City Manager R. C . Vogel reported for the committee on the awarding of bids for water distribution extension in Selva Marina Unit #8; sanitary sewer extension. The committee recommended that the low bids from Aliens of Florida, Inc. in the amount of $17, 384.11 for water extension and $21,005.00 for sanitary sewer extension be accepted and contract awarded to Allens of Florida, Inc. Mayor Howell suggested the motion should include that the bids. be awarded subject to the funds in the total amount of $38, 389. 11 plus engineering fees deposited with the City by the Selva Marina Realty Company so in the event the money is not deposited the bid would not be awarded. Following discussion Mr. Fogg moved that the water extension bid of $17, 384.00 and the sewer extension bid of $2] ,005.00, which are the lowest and best bids, be awarded to Aliens of Florida, Inc. subject to the funds for these projects being deposited with the City by the Selva Marina Realty Company together with the amount of engineer_ir.j fees, subject to the plat for Selva Marina Unit #8 being approved and that the City will give a certificate of indebtedness to Selva Marina for the cost of the water line as per prior ordinances and resolutions. Motion was seconded by Mr. Rosborough and carried. MINUTES May 2201972 Page 2 Mr. Vogel reported that the committee recommended acceptance of the bid of B. B. McCormick & Sons in amount of $55, 510.50 on the paving. Mr. Fogg moved, seconded by Mr. Speed that B. B. McCor- mick & Sons, Inc. in the amount of $55, 510. 50 for paving, gutters, drainage, in proposed Selva Marina Unit #8 be awarded the contract after the bid amount plus engineering fees have been deposited with the City . Motion carried. Mr. Thomas W. Buccinc advised the City Commission in regard to the plans for building a Mobile Home Park on Levy Road. Mayor Howell stated no action need be taken on this at this meeting. Mr. Robert Howard appeared before the Commission on an extension of time on Zoning Lots 1 to 7 Block 26 Royal Palms. Mayor Howell stated a new ordinance would have to be made and presented on first reading at the next meeting of the Commission, due to the time extension having expired on the original re-zoning. Mr. Walter J. Parks, Jr. explained to._ the Commission the Alarms System for Water and Sewer Plants and recommended the installation of the equipment. A motion was made by Mr. Rosbcrough, seconded by Mr. Speed that we install an alarms system as recommended at the water and sewer plants . Motion carried. Mayor Howell read in full Ordiance No. 52-72-1 setting up Planned Unit Development, "PUD" , zones in Atlantic Beach for second and - - final reading. Mayor Howell then declared the meeting open for public hearing . Anyone wishing to speak for or against the Ordinance could do so. There being none, public hearing was closed. Mr. Fogg moved, seconded by Mr. Speed, said Ordiance be adopted on second and final reading. Discussion followed with a suggestion by Mayor Howell that a substitute metier' be intro- duced to adopt said Ordinances on second and final reading with a change in the wording of paragraph number two (2) of Section A on Page Twc (2) of said Ordinance. The last sentence in said paragraph will read; "Therefore, submittal of any plans that are of duplicate or similar design or duplicate any existing design for construction in this city shall be referred to the City Commission for approval . " Substitute motion as suggested was made by Mr. Speed, seconded by Mr. Fogg. The substitute motion was carried. MINUTES May 221972 Page 3 Mayor Howell read in full Ordiance No. 90-72-55 amending Chapter 28 of the Ccde of the City of Atlantic Beach, Florida, entitled "Zoning" providing that Section Six (6) thereof be amended tc increase the square footage requirement in Residence AA . Mayor Howell then declared the meeting open fcr public hearing. Any- one wi ch,.i:ngtc speak fcr or against the Ordinance could dc so. There being none, public hearing was closed. It was moved by Mr. Fogg, seconded by Mr. Rosborough that said Ordiance 90-72-55 be adopted on second and final reading, Mayor Howell stated the wording was unclear under Section 1, paragraph one (1) and re- commended a substitute motion be made . The substitute motion will not change the contents of the Ordinance; it is only for clarifi- cation. The paragraph in Section 1, G, 1 will read as follcws: "One story -- 1,400 square feet enclosed heated living area . Except on existing platted lots having a frontage of less than 60 feet to be used as a building plot, the above requirements are reduced by 200 square feet. " Substitute motion to adopt said Ordiance on second and final reading with suggested clarification was made by Mr. Fogg, seconded by Mr. Speed. The substitute motion was carried. Mayor Howell read in full Ordinance Nc. 90-72-56 inceasing square footage required in Residence A-1 and declared the meeting cpen for public hearing. Anyone wishing to speak for or against the Ordinance could do so. There being: Oone, public hearing was closed. Mr. Fcgg moved that said Ordinance be passed on second and final reading, seconded by Mr. Speed and carried. Mayor Howell read in full Ordinance No. 90-72-57 increasing square footage required in Residence "A" and declared the meeting open for public hearing. Anyone wishing to speak for or against the Ordinance could do so. There being none, public hearing was closed. Mr. Fogg mcved that said ordinance be passed on second and final reading, seconded by Mr. Rosbcrough and carried. Mr. Rosborough moved that the proposed plat cf Selva Marina Unit Eight (8) be approved with the understanding that the City has no intentions cf maintaining the streets, curbs and prcpcsed park area shown until clearing of the trees, grading, etc. is done sc that the City forces can maintain the park, and that the plat be signed by proper officials . The motion was seconded by Mr. Fcgg and carried. MINUTES May 22, 1972 Page 4 Mayor Howell presented in full in writing an Ordiance to amend Ordinance No. 45-58-1, to change and effect a new license year. :t was moved by Mr. Speed that said Ordinance be passed on the first reading by Title only and a public hearing be scheduled June 12, 1972 at 8:00 P.M. The motion was seconded by Mr. Ros- borough and carried. Resolution No. 72-26, covering re-assessments made by the County Tax Assessor was read in full by Mayor Howell. Mr. Rosborough moved that we adopt said Resolution. Motion was seconded by Mr. Fogg and carried. Copy of Resolution 72-26 is attached hereto and made a part hereof. Resolution No. 72-27, covering Westinghouse-Tenneco Development on part of Blount Island was presented and Mr. Rosborough moved that we adopt said Resolution. Copy of Resolution #72-27 is attached hereto and made a part of hereof. Certificate of Indebtedness #6 covering cost of water lines plus engineering fees for Selva Marina #8 was discussed. It was brought out that the amount for the water contract plus ergineer fees will be $19,070.25 subject to adjustment for .c1ditions and deletions. Mr. Fogg moved passage of Resolution 472-28 covering issuance of said certificate with proper offi- cials signing when the work is finished and necessary change made in the amount, seconded by Mr. Speed and carried. It was brought out that the certificate amount should not be over $20,000.00. Copy of Resolution #72-28 is attached hereto and ,hde a part hereof. Resolution No. 72-29 approving Certification of Indebtedness *5 covering water lines in Selva Marina Unit #6 and Unit #7 was presented. A motion was made by Mr. Fogg, seconded by Mr. Speed adopting Resolution #72-29 authorizing the City Clerk to issue the certificate in the amount of $12,520.66 same to be signed by the proper officials. Motion carried. Copy of Re- solution #72-29 is attached hereto and made a part hereof. Resolution No. 72-30 covering Transfer of Capital Funds was read in full by Mayor Howell. Said funds provide for purchase of Park lots in Saltair. Mr. Rosborough moved that we adopt said Resolution, seconded by Mr. Speed and carried. MINUTES May 72: 1972 Page 5 Resolution No. 72-31 covering Acceptance of Sewer, Water and Storm Drainage Lines, Curbs, Gutters and Paving in Atlantic Beach Villa #2 was read in full. A motion was made by Mr. Fogg that we adopt said Rescluticn, seconded by Mr. Rosborough and carried. Copy of Rescluticn #72-31 is attached hereto and made a part hereof. Mr. Hilliard requested that we call for bids cn Garbage Containers. There being nc objections Mayer Howell instructed the City Manager to call for bids on Garbage Containers to be presented at the: .next meeting, June 12, 1972. Mayor Howell stated the forms and applications have been com- pleted for the State Revenue Sharing. It was moved by Mr. Fogg that the 'ry ' and City Clerk be authorized to sign the forms and return them tc the proper place, seconded by Mr. Rcsborcugh and carried. Mr. Rosborcugh stated the Advisory Planning Board be commended for their action on the Ordinances they have presented and the work they are doing. There was unanimous agreement on this . There being no further business, the Ma r declared t• ,.. meeting be adjourned. illiam . Hol 1, Mavor ATTEST : a,/, AILL-A,/,-,t • Adele S. Grage, City Cler/ ORDINANCE NO. - - / AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY FLORIDA, ESTABLISHING "PLANNED UNIT DEVELOPMENT" OR "PUD" ZONES PROVIDING AN ALTERNATIVE MEANS OF LAND DEVELOPMENT AND IMPROVEMENT COMPREHENSIVELY DESIGNED WITH LATITUDE TO INCLUDE SEVERAL RELATED LAND USES THAT WOULD NOT OTHER- WISE BE POSSIBLE THROUGH THE STRICT APPLICATION OF OTHER CITY ORDINANCES PROVIDING FOR STANDARD ZONING AND SUB- DIVISION REGULATIONS : PROVIDING PRINCIPLES AND CRITERIA FOR PERMISSIVE APPROVAL OF APPLICATIONS FOR "PUD" ZONES, THE CONDITION TO BE FULFILLED IN EACH APPLICATION AND THE DATA TO BE SUBMITTED; PROVIDING FOR CONSIDERATION BY THE CITY COMMISSION OF APPLICATIONS, PUBLIC HEARINGS, APPROVAL OR DISAPPROVAL, AND FOR MODIFICATIONS THEREOF, AND FOR ADOPTION OF THE "OFFICIAL PLAN" FOR "PUD" ZONES ; AND AUTHORIZING LIMITED AUTHORITY TO THE BUILDING OFFICIAL TO ISSUE PERMITS IN "PUD" ZONES AND REQUIRING CERTIFICATES OF OCCUPANCY UPON COMPLETION OF PERMITTED "PUD" IMPROVE- MENTS . BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section A: INTENT AND PURPOSE It is the intent and purpose of this ordinance to encourage planning of land use, improvement and development as a single complex, rather than as an aggregation of individual buildings or unitslocated on separate unrelated land plots , consisting of physical grouping of residences in clusters, townhouses or apartments, combination of individually owned units, condominiums and co-operatives, with related open spaces and community facilities and services, such as recreational, neighborhood retail and professional facilities essential to or suppor- ting such land planning and development, to be known as "Planned Unit Development" or "PUD" , which shall apply to all areas of the City whethc* zoned or unzoned, to subdivision or re-subdivision of land and �' -2- LA,k .5-,,2-- 7.2 acreage replatting of existing platted land and wherever c , - cumstances require deviation from standard zoning and sub- „ 1 division regulations of the city specifying uses, lot area; and dimensions, yard, front and open space requirements, and shall also include land areas where appropriate for shopping centers, business and industrial uses : The provisions of this ordinance are also intended to encourage the exercise of imagina- tive planning and design in the highest and best use of la4d t e areas for modern housing offering a variety of dwelling or .other unit types. Architectural harmony and compatibility with the neighbor- hood hood can be stimulated by avoiding duplication of design, floor plan, and roof design. When these ccncepts are not taken into consideration, there is a constant threat of the degradation of the community. Therefore: submittal of any plans that are of duplicate or similar design or duplicate any existing desicn, for 4 construction in this city shall be referred to the City Comte mission for approval . Section B: PERMISSIVE APPLICATION - PRINCIPLES OF CRITERIA;, In order to provide greater flexibility in design smacks, dimensions and heights, and other limitations that would oIher- wise not be possible through the strict application of the # . standard zoning and subdivision regulations of the City of Atlantic Beach . all applications f , i 1)1t for "PUD" zones under this ordinance shall be permissive only, and shal grant no property right to any person, firm or corporation making application hereunder, and shall be subject to final action bI the City Commission of the City of Atlantic Beach, after public heaings hereinafter provided for, that a "PUD" is necessary and appropriate in order tc> provide and promote the public safety, health, and { general welfare, and that such a development if not generally Rincon- sistent with the City ' s master zoning plan, and meets the fold wing criteria; 1 , Be large enough to form an integral planning unit, Ind to provide for adequate cpen space, circulation, off-street parki g and pertinent development amenities, and to be conveniently served by appropriately oriented facilities and services; 2 . Be designed so that the diverse functional olements_ are integrated, are properly orientated and are well related to topogra- phy and natural landscape features; 7 3 . Be well related to existing and proposed land use and circulation patterns of adjoining properties, and should not constitute a disrupting clement with regard to the character of adjacent Jneighbor- hoods and communities , 4. Be planned to economize on street and utility impro4rements, but should provide adequate access for service and emergency vehicles as well as for residents and the general public; ` -4- e . S-• 5. Have: an internal system of streets designed to move vehicles safely and efficiently without dominating the overall esign or disrupting the functions of other planned facilities or opo spaces; 6. Appropriate and useable open space in the form of p 'vate parks, play areas, landscaped areas, water elements and walkways should be included immediately adjacent to or accessible to all units Container in such development; 7 . Community facilities should be grouped in locations', ich relate to the open space system in order to provide focal point for the overall design, and to maximize pedestrian and vehicle acca4s ; 8. Be based on and related tc established planning standards, or where such standards are lacking, be adequate to meet the needs of such development, as determined by competent planning and engineering consultants; LI 9. In case of cluster housing, townhouses or apartments, condominiums or co-cperatives and commercial or professional complexes, a private property owners association or corporation shall be formed to provide and assure the continuous maintenance of open areas and community services and common facilities . Section C: APPLICATION BY SPONSOR For areas where a sponsor considers "PUD" Zone to be appropriate, such sponsor may file an application therefore with the City Commission of the City of Atlantic Beach to designate the area a "PUD" Zone. Such • 1 .. -5- application shall be accepted for consideration by the City Commission under the following conditions: 1 . The sponsor shall be the owner of the area, or if not owned by the spcnsor, the sponsor shall show privity in writing with the owner or owners authorizing the sponsor to file the application. 2 . The area shall be sufficiently large to permit development of a community or neighborhood, having a range of houses or dwellings necessary facilities and off-street parking compounds, parks, play- grounds or reservations of areas therefore, appropriately located and in harmony with the proposed "PUD" . 3. The area shall be adaptable to a planned unit development and bounded by major thoroughfares, streets, waterways or ether external boundaries, and as far as possible shall have within or through it no major thoroughfares cr other physical features which would tend to destroy the neighborhood or community cohesiveness . Section D: DATA TO ACCOMPANY APPLICATION • Together with the application for a "PUD" Zone, there shall be submitted a tentative overall development plan, which shall show: 1 . Topographic and surface drainage plans 2. Proposed plot plan • 3. Proposed street or vehicular traffic system • 4. Proposed reservations for parks, parkways, plcygrounds, ;' school sites and other open spaces. -6- CCS 5. Proposed locations of any neighborhood business areas and offstreet parking space therefore . • 6 . Proposed type of dwelling or other units, and portions of area proposed therefor. 7 . Proposed location or plot plan of buildings, garages and/or other structures, and parking spaces 8 ., Tabulation of the total number of acres in the proposed planned unit development, and the percentage thereof designated for each of the proposed land uses, dwelling types, neighborhood retail businesses, other non-residential uses, off-street parking, streets, parks, schools, and other reservatic ns. 9. A tabulation 7f the overall dwelling or other type unit density per gross acre . , 10. Preliminary plans and elevations of the several types Of structures and/cr improvements proposed. Section E: CONSIDERATION BY ADVISORY PLANNING BOARD Upon receipt of application for a "PUD" Zone, fulfilling the applicable requirements of Section B, C, and D hereof, the same shall - be taken under consideration by the Board, as follows: 1 . The Board shall consider the application and prOposedyplaii for the community, the location, arrangement and size of lots, parks • 2chcc1 sites and other reservations of open ;spaces; the location, ` .� width and grade of streets; the location and arrangement of -gatking, -7- . 5 �- -- - spaces ; the location, arrangement and height cf buildings; the location arrangement and design of neighborhood building areas and accessory parking spaces; the gross densities proposed for the entire area, and such other features as will contribute to the orderly and harmonious development of the area, with due regard to the character cf the neigh- borhood and its particular suitability fcr any one cr more cf the pro- posed uses. The Board after due consideration shall make its recommend ticn to the City Commission . 2 . The City Commission may approve the application as a tentative plan as submitted, or before approval, may require the sponsor to modify, alter, adjust, or amend the application or any part thereof. 3. Upon approval of a tentative plan the City Commission shall set the proposed "PUD" Zone for a public hearing in the same manner as for public hearings required prior to final adoption of City Ordinances . 4. Following the public hearing on said proposed "PUD" Zone, the Ci.ty Commission shall take the following action approve the application; or before approval require that the sponsor to further modify, alter, adjust or amend the application cr any part thereof; or disapprove the application. 5. If the application is approved by the City Commission, the land area shall be placed in a "PUD° Zone, and the sponsor, -8- including the owner or owners, before beginning construction on the proposed development, shall submit to the City Commission a final plan consistent with the application for the "PUD" Zone. 6. The final plan, after adoption by the City Commission, shall be deemed the Official Plan, and shall be signed by the Mayor- Commissioner and the City Clerk, and by the sponsor and property owner or owners, who by such signing shall indicate agreement of their willingness to abide by the conditions and terms of such Official Plan. Thereafter, the building official of the City of Atlantic Beach shall be authorized to issue building permits authorizing construction in strict accordance with the conditions and terms of the Official Plan. 7. An Official Plan for a "PUD" Zone may be amended, the pro- cedure therefore to be the same as in the case of an original applica- tion being made under Section C hereof. Section F: USES PERMITTED No building , structure cr land shall be used; and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained in a "PUD" Zone unless the same meets the conditions and y-� terms of the Official Plan, nor shall the same be occupied until the building official has issued a certificate of occupancy certifying that the improvement on that portion for which the permit was issued is complete and fulfills all of the terms and conditions of the Official -9- C� . S e- - 2 7 "/ Plan. Section G: SEPARABILITY In the event any section, subsection, paragraph or clause contained herein shall be declared unconstitutional or invalid by a court cf competent jurisdiction, such declaration shall not effect the remaining portions hereof: which shall remain in full force and effect. Section H: CONFLICTS REPEALED All Ordinances or parts of ordinances in conflict herewith are hereby repealed. Section Ie EFFECTIVE DATE This crdinancshall become effective immediately upon final passage. * * * * * * * * * * * * Passed by the City Cnmmissicn on first reading 21E 1972 . V Passed by the City Commission on second and final reading )11/A--4-1 �X 1t4 , 1972, 1J Attest: (SEAL) acte,e, b/t,„ . Adele S. Grage City Clerk RESOLUTION NO: 72-26 WHEREAS, it has come to the notice of the City Commission of the City of Atlantic Beach, Florida, that the properties owned by the citizens of the City of Atlantic Beach have been re-assessed by the Tax Assessor of the Consolidated City of Jacksonville, Florida and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, feel that this action is premature, and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, feel that this re-assessment is discriminatory against the citizens of the City of Atlantic Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS : 1. The City Commission of the City of Atlantic Beach, Florida, wish to place on record its opposition to the re-assessment action taken by the Tax Assessor of the Consolidated City of Jacksonville and to state its feelings that such re-assess- ment should wait until such time as the properties in the entire County of Duval are re-assessed by the Tax Assessor of the Consolidated City of Jacksonville, Florida. 2. That copies of this Resolution shall be forwarded to the • Honorable Robert Mallard, Tax Assessor, Consolidated City of Jacksonville, Florida and the Honorable Hans G. Tanzler, Jr. Mayor of the Consolidated City of Jacksonville, Florida . PASSED BY THE CITY COMMISSION ON: May 22nd, 1972 Attest Adele S . Grage, City Clerk (SEAL) RESOLUTION NO: 72-27 WHEREAS, consideration oeing given to the City of Jacksonville, Florida - to the selling of the land within the the County of Duval known as r-r} of "Blount Island" , to the firm of WESTINGHOUSE-T`'"'-j`-0 for development by that company, and their furthc- elupport, and WHEREAS, it is felt by the City Commission of the City .;f Atlantic Beach, Florida, that the development intended to be made by WESTINGHOUSE-TENNECO could be of great economic benefit to the citizens of the City of Atlantic Beach, Florida, WHEREAS, it is the understanding of the City Commission ei the City of Atlantic Beach, Florida, that there will be no ,:uv�rse effects with reference to ecology caused by such deve- lc cement; 110W, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: 1 . The City Commission of the City of Atlantic Beach, Florida, fully supports the proposed development by WESTINGHOUSE- TENNECO. 2 . The City Commission of the City of Atlantic Beach, Florida, if called on: will do all within its power to assist in th:: matter of the purchase of the land by WESTINGHOUSE- TENNECO . I,SSED BY THE CITY COMMISSION ON: May 22, 1972 Attest: a/r1Zee- Adele S . Grace, City Clerk (SEAL) RESOLUTION NO. 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 Selva 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 construction 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 follows: Item Low Bidder Amount Engineering Fee Total water Aliens of Fla, Inc. $17, 384.00 $1,686.25 $ 19,070. 25 sewer Aliens of Fla. Inc. 21, 005. 11 1, 995.49 23,000.60 streets B.B. McCormick & Son 55, 510. 50 2,497 . 97 58,008.47 & drainage Total $93, 899.61 $6, 179.71 $100,079. 32 WHEREAS, 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 for 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 Marina 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 cf any approved deletions thereto. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, AS FOLLOWS : 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 appy^- zd 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 City: CERTIFICATE OF INDEBTEDNESS NO. 6 CITY OF ATLANTIC BEACH, FLORIDA $ 1972 KNOW ALL MEN BY THESE PRESENT, 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 $ , . 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 Noo 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 Noo 59-13 and the Ordinance duly adopted by the City Commission of the said City on October 9, 1967, and known as Ordinance Noo 35-67-2, and is subject tc 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 valore-A 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 sume of $22,102 °54, and that certain certificate of indebtedness designated "Certificate cf Indebtedness Noo 2"of said City bearing date of December 31, 1959, in the sum cf $4,700000, 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, 520066 . 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, tc levy a sewer service charge in accordance -3- rates not less than as provided by Ordinance No. 80-59-2 of said City upon all persons within said territorial area whose pro- perty is served by the sewer facilities of said City and after the said Certificate of Indebtedness Nose 1, 2 and 5 shall have been paid in full, to pay annually tc the holder of this obli- gation all monies collected and received by the City for said sewer charges to customers served by Sewage Pumping Station D on acccunt 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 Ncs. 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 Mayor- Commissioner and the Corporate Seal of the said City to be affix- ed hereto. Attested by its City Clerk this day of , A.D. , 1972. 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 cf 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. All 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 . -4- I. construction of said sewer lines, street paving and drainage contracts. Section 4. The City Commission has found and determined that the improvements proposed by Selva 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 adopted 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 said Resolution and Ordinance and the Certificates of Indebtedness thereby authorized, issued and delivered thereafter to Selva 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 Selva Marina Realty Company, for Selva Marina Unit Noe 8, as hereinabove described, shall complete the development of the area hereinbefore first described. Passed by the City Commission on May 22, 1972. Attest. Ce.,ciZeLt_ , City Clerk I (SEAL) -5- RESOLUTION No 72- 327 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that The following budget transfers and changes be rade in the 1972 Budget: ACCOUNT INCREASE DECREASE Sewer Department Account No 830 -- Professional Services $1, 000. 00 Parks & Recreation Account No, 9-1012 -- Park. Improverents, New Land $1, 000.00 TOTAL INCREASES AND DECREASES $1, 000. 00 $1, 000.00 * * * * * * * * * * * * * * * * * * Passed by the City Commission on A , d' L , 1972. ATTEST: aCC-12-J2-e I j Adele S. Grage / (Seal) City Clerk RESOLUTION NO . 1/ ;----Y/ WHEREAS, the developer of Atlantic Beach Villa Sub-division, Unit # 2 has completed all the sewer lines, storm drainage lines, curbs and gutters, and paving on Saratoga Circle, and WHEREAS, the facilities have been installed according to the approved plans and specifications and have been inspected by the City Forces . NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF ATLANTIC BEACH, FLORIDA, That, The City of Atlantic Beach accept these sewer lines, storm drainage lines, curbs and gutters, and paving on Saratoga Circle for maintenance and operation. ************************* Passed by the City Commission on May 22, 1972. Attest: (1Ce"-Z 1441e City Clerk (SEAL)