Agenda Packet 12-13-2010 CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
December 13, 2010 - 6:00 PM
AGENDA
Call to order
Invocation and pledge to the flag
1. Approve the minutes of the Regular Commission Meeting of November 22, 2010.
2. Courtesy of Floor to Visitors
3. Unfinished Business from Previous Meetings
A. City Manager's Follow -up Report
4. Consent Agenda
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.
A. Acknowledge receipt of the Financial Report for October 2010, the Building
Department Monthly Activity Report and Utility Sales Report for November 2010, the
Public Works and Utility Departments Project Status Report as of December 3, 2010, the Police
Department 3` Qtr Report for 2010 and the List of New Business Tax Receipts issued for
November 2010.
5. Committee Reports
None.
6. Action on Resolutions
A. RESOLUTION NO. 10 -15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA; SUPPLEMENTING ORDINANCE NO. 15- 10 -13; AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING $690,000 UTILITIES SYSTEM REVENUE
REFUNDING BONDS, SERIES 201013; AUTHORIZING AWARD OF THE BONDS TO
BRANCH BANKING AND TRUST COMPANY FOLLOWING SOLICITATION OF
COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE DATE.
B. RESOLUTION NO. 10 -16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,
FLORIDA; SUPPLEMENTING ORDINANCE NO. 15- 10 -11; AUTHORIZING THE
ISSUANCE OF $892,560 UTILITIES SYSTEM REVENUE BONDS, SERIES 201OA -1 AND
$9,137,440 UTILITIES SYSTEM SUBORDINATED REVENUE BONDS, SERIES 2010A -2;
AUTHORIZING AWARD OF THE BONDS TO SUNTRUST BANK FOLLOWING
SOLICITATION OF COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE
DATE.
1
7. Action on Ordinances
A. ORDINANCE NO. 15- 10 -11, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING
ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY COMMISSION ON NOVEMBER
13, 1995, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $690,000 REVENUE REFUNDING BONDS, SERIES 2010B TO
REFUND THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING
BONDS, SERIES 1996; APPROVING A FORM OF LOAN AGREEMENT AND
AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND
OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS;
PROVIDING FOR SALE OF THE BONDS BY RESOLUTION FOLLOWING
SOLICITATION OF COMPETITIVE PROPOSALS AND NEGOTIATIONS; PLEDGING
THE CITY'S PLEDGED REVENUES DESCRIBED IN ORDINANCE NO. 15 -95 -7; AND
PROVIDING AN EFFECTIVE DATE.
B. ORDINANCE NO. 15- 10 -12, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPLEMENTING
ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY COMMISSION ON NOVEMBER
13, 1995, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $ 10,100,000 UTILITIES SYSTEM REVENUE BONDS, SERIES
2010A TO FUND THE COSTS OF SEWER AND PLANT UPGRADES OF THE CITY'S
UTILITY SYSTEM; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING
EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER ACTION IN
CONNECTION WITH THE DELIVERY OF SUCH BONDS; PROVIDING FOR SALE OF
THE BONDS BY RESOLUTION FOLLOWING SOLICITATION OF COMPETITIVE
PROPOSALS AND NEGOTIATIONS; PLEDGING THE CITY'S PLEDGED REVENUES
AS DESCRIBED IN ORDINANCE NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE
DATE.
C. ORDINANCE NO. 95-10-102, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF
ORDINANCES OF THE CITY OF ATLANTIC BEACH; CREATING SECTION 24 -158,
DOG - FRIENDLY RESTAURANTS; ESTABLISHING, PURSUANT TO FLORIDA
STATUTES SECTION 509.233, KNOWN AS THE DIXIE CUP CLARY LOCAL
CONTROL ACT, A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL
LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE
ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN
DESIGNATED OUTDOOR AREAS OF SUCH ESTABLISHEMENTS; PROVIDING FOR
IMPLEMENTATION PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE
ADDITION OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING
REQUIREMENTS; AMENDING SECTION 24 -69, FEES; CREATING SECTION 24- 69(D),
SPECIFIC USE REVIEW FEES; PROVIDING FOR RECORDATION AND AN
EFFECTIVE DATE.
8. Miscellaneous Business
A. Public hearing to consider a request from Lawton Hall for a Use -by- Exception (File
Number UBE- 2010 -05) to allow production of custom surfboards within an existing
warehouse space at 45 West 6th Street. (City Manager)
B. Award a contract for Bid No. 0910 -13 for the Open Cut portion of the Buccaneer
Phaseout Force Main Project to Petticoat - Schmitt Civil Contractors, Inc. in the amount
of $1,062,500 and award a contract for the Directional Drill portion of the project to TB
Landmark Construction, Inc. in the amount of $439,134.41 for a total of $1,501,634.41.
2
Alternatively, award a contract to TB Landmark Construction, Inc. for Option 4 which
includes directional drilling along Selva Marina Drive. Authorize the City Manager to
sign the contract(s). (City Manager)
C. Award a contract for Bid No. 1011 -01 TMDL Wastewater Compliance Project,
Wastewater Treatment Plant #1 Upgrades to WPC Industrial Contractors, LLC in the
amount of $5,000,940. Defer award of Additive Alternate #1 and Additive Alternate
#2. Authorize the City Manager to sign the contract for Bid No. 1011 -01. (City
Manager)
D. Approve Change Order No. 4 to J. Collins Engineering Associates, LLC (JCEA)
contract for the TMDL Wastewater Compliance Project in the amount of $234,914 for
the Sludge Treatment Facility and Odor Control Improvements engineering, and
authorize the City Manager to sign the Change Order. (City Manager)
E. Proposed Ordinance for Placement and Maintenance of Utility Facilities in the
Public Rights -Of -Way within the City. (City Manager)
F. Authorization to Sign Sub -Grant Agreement Between City of Jacksonville and City
of Atlantic Beach for Energy Funding. (City Manager)
G. Proposed Change Order No. 12 to Royal Palms Drainage Rehabilitation Project
(PW0905) (City Manager)
H. Royal Palms Resurfacing Completion. (City Manager)
9. City Manager
A. City Manager's Report.
10. Reports and /or requests from City Commissioners and City Attorney
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 wishing to speak to the City Commission on any matter at this meeting should submit a
request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are
available at the entrance to the Commission Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda
item. However, the City Commission may act upon any agenda subject, regardless of how the matter
is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons
with disabilities needing special accommodation to participate in this meeting should contact the City
Clerk by 5:00 PM, Friday, December 10, 2010.
3
MINUTES
REGULAR CITY COMMISSION MEETING
November 22, 2010
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Mayor Pro Tem John L. Fletcher City Manager Jim Hanson
Commissioner Jonathan Daugherty City Clerk Donna L. Bartle
Commissioner Paul Parsons
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of November 8,
2010.
Motion: Approve the minutes of the Regular Commission Meeting of November
8, 2010, as written.
Moved by Fletcher, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Sally Clemens, 1638 Park Terrace West, stated she was frustrated, confused and has
a lack of knowledge and understanding regarding social networking. She stated the
presentation at the last Commission meeting on the use of Facebook did not show any
additional information that is not already on our City's website. She stated the medium
in itself is entertaining and useful for meeting others; however, it is addictive for some,
referring to articles recently published in the Times Union regarding negative
implications to Facebook users. She stated this technology inhibits conversation and
reduces creative and critical thinking and makes manipulation of society easier. She
further stated, at this time, social networking is not needed and since changes are
coming so fast in the digital communication it would be wise to move slowly so ours
won't be oblique. She further asked how many hours this would take away from daily
duties of City staff or would we hire another employee with salary and benefits. She
also asked what percentage of Coral Gables population is on the City's Facebook. Ms.
Clemens further stated the new engineering technology of the wastewater sewer did not
receive the same scrutiny as the research done for the social networking and believes a
phone call to Mr. Chad Grimm should have been made after receiving his informative
diagram of the water sewer treatment program, asking who developed the system, how
long has it been developed, what locality was using this system and how long. Lastly,
November 22 2010 REGULAR COMMISSION MEETING Paze 2
Ms. Clemens asked why our City Commissioners need permission from the City
Manager to have dialogue with the City staff as was brought up at a previous
Commission meeting. She stated frequent and ongoing communication leads to
harmony and productivity.
Richard Johnson, Jr., 857 Bonita Road, commended the City on the drainage work
they are doing, but stated he does not like that the St. Augustine grass is being replaced
with Bahia grass on the right -of -way. He further stated where they replaced the
curbing it is really nice but they should also replace the broken curbing on the opposite
side of the street. He also pointed out that the street signs need to be replaced because
at night they don't reflect and you cannot read them, and the street lights are too dim.
Bridget Judge and Jessica Whitehead, 303 Atlantic Blvd., representing Al's Pizza,
requested renewal of the doggie dining ordinance. Ms. Whitehead stated it was very
important to their business and customers to allow their dogs to dine on their property
outdoors on the patio. She stated Neptune Beach has renewed their doggie dining act
and requested that Atlantic Beach do the same.
Harvey Warnock, 301 1 St Street, Mr. Warnock stated both he and Frank Kleese
represent the Beaches Veterans Memorial Park and he praised the unprecedented
cooperation of everyone and thanked them for their support on the project.
Frank Kleese, 12631 Ashmore Green Drive N., thanked everyone from the Mayor on
down stating they have all done a tremendous job and have all come together to work
on the Beaches Veterans Memorial Park project.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow -up Report.
Meeting
None.
Consent Agenda 4. Consent Agenda
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.
A. Acknowledge receipt of the Building Department Monthly Activity Report, the
Recreation Special Events Report and the Utility Sales Report for October
2010.
B. Award the Annual Contract for Orthophosphate (Bid No. 1011 -05) to Carus
Phosphates, Inc. at a cost of $0.66 per pound.
November 22, 2010 REGULAR COMMISSION MEETING Page 3
C. Award the Annual Contract for Polymer for Wastewater Treatment Plants (Bid
No. 1011 -03) to Fort Bend Services at the bid price of $1.16 per pound.
D. Award the Annual Contract for Welding Troubleshooting and Repair to Ace
Fabrications, LLC at the prices submitted in Bid No. 1011 -04,
E. Approve the Local 630 Blue Collar union contract for the period October 1,
2010 through September 30, 2011.
F. Approve the Police union contract for October 1, 2010 through September 30,
2011.
Mayor Borno read the Consent Agenda.
Mayor Borno pulled Item A.
Motion: Approve Consent Agenda Items B, C, D, E and F as read.
Moved by Parsons, Seconded by Fletcher.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Mayor Borno commented on the report on the Building Department, noting we are up
456 permits from this time last year and the total inspections are up by 727 which
shows a movement over last year. He further commented on the Recreation Special
Events report, stating it was very informative and answers some of the questions asked
by the Commissioners in the past.
Motion: Approve Consent Agenda Item A as read.
Moved by Fletcher, Seconded by Woods.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. ORDINANCE NO. 05-10-52, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE V,
BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD,
SECTION 2 -146, JURISDICTION, TO SET FORTH THE JURISDICTION OF THE
CODE ENFORCEMENT BOARD, AND PROVIDING AN EFECTIVE DATE.
November 22 2010 REGULAR COMMISSION MEETING Page 4
Mayor Borno read Ordinance No. 05 -10 -52 by title.
Motion: Approve Ordinance No. 05 -10 -52 as read.
Moved by Fletcher, Seconded by Daugherty.
Mayor Borno opened the Public Hearing and summarized the changes to the ordinance.
No one from the audience spoke so Mayor Borno closed the Public Hearing.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. ORDINANCE NO. 05-10-53, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ARTICLE V, BOARDS AND
COMNIISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, SEC. 2 -142,
REMOVAL; FILLING VACANCIES, TO PROVIDE FOR REMOVAL OF A
MEMBER OF THE CODE ENFORCEMENT BOARD FOR FAILURE TO ATTEND
MEETINGS AND THE FILLING OF A VACANCY ON THE BOARD RESULTING
THEREFROM, AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 05 -10 -53 by title.
Motion: Approve Ordinance No. 05 -10 -53 as read.
Moved by Parsons, Seconded by Woods.
Mayor Borno opened the Public Hearing and summarized the changes to the ordinance.
No one from the audience spoke so Mayor Borno closed the Public Hearing.
Commissioner Fletcher asked that the purpose be elaborated. Mr. Hanson explained this
is to bring our law and language in line with the State law in setting up the Code Board.
He stated the original language in our ordinance states if you miss two of any three
consecutive meetings without an excuse /waiver from the Board, then you will be off that
Board. He explained the State law says any two of three successive meetings without
approval of the Code Board. Commissioner Fletcher asked if this is now giving that sole
approval to the Chair. Mr. Thompson stated that was correct, it shifts that approval to the
Chair rather than the whole board. Discussion ensued. City Attorney Jensen explained the
only reason they are making this change is because that is what the statute says.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. ORDINANCE NO. 20-10-106, Public Hearing and Final Reading
November 22 2010 REGULAR COMMISSION MEETING Pale 5
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2009 AND ENDING SEPTEMBER 30, 2010.
Mayor Borno read Ordinance No. 20 -10 -106 by title.
Motion: Approve Ordinance No. 20 -10 -106 as read.
Moved by Daugherty, Seconded by Fletcher.
Mayor Borno opened the Public Hearing.
No one from the audience spoke so Mayor Borno closed the Public Hearing.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
D. ORDINANCE NO. 20-10-107, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
2010 AND ENDING SEPTEMBER 30, 2011.
Mayor Bomo read Ordinance No. 20 -10 -107 by title.
Motion: Approve Ordinance No. 20 -10 -107 as read.
Moved by Parsons, Seconded by Daugherty.
Mayor Borno opened the Public Hearing.
No one from the audience spoke so Mayor Borno closed the Public Hearing.
Mr. Hanson asked Finance Director Nelson Van Liere to recommend an amendment to
this ordinance, stating there were a couple of things that came up. He stated this
ordinance carries over a lot of things from the last fiscal year that for one reason or
another did not get encumbered. He stated a lot of these we anticipated would be
completed at the end of the fiscal year but they weren't so we need to carry over the
funding. He stated Mr. Van Liere came up with a couple more that weren't included in
this ordinance but should be added at this point. Mr. Van Liere explained two projects
that were not entered into the computer system, which does an automatic rolling of our
encumbrances into the new year, are the Police Building that was approved last
November, and the Christmas lights, for which only half of the funds were spent last
year but the second half had not been encumbered. He stated the funds were already
received, they just need to be re -added to the 2011 budget so we can use them.
Commissioner Woods asked if this changes the bottom line in any way. Mr. Van
Liere, technically it changes it, but it is funds that were already budgeted last year, so
since they weren't spent they will come into this year.
November 22 2010 REGULAR COMMISSION MEETING Pace 6
Amended Motion: Amend the Ordinance to add the funds for the Police
Building and Christmas Lights (the amended Ordinance is attached and
made part of this Official Record as Attachment A).
Moved by Fletcher, Seconded by Daugherty
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Motion: Approve Ordinance No. 20 -10 -107 as amended.
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
E. ORDINANCE NO. 15- 10 -11, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY
COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND
SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$690,000 REVENUE REFUNDING BONDS, SERIES 2010B TO REFUND THE
CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE REFUNDING BONDS,
SERIES 1996; APPROVING A FORM OF LOAN AGREEMENT AND
AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN AGREEMENT
AND OTHER ACTION IN CONNECTION WITH THE DELIVERY OF SUCH
BONDS; PROVIDING FOR SALE OF THE BONDS BY RESOLUTION
FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS AND
NEGOTIATIONS; PLEDGING THE CITY'S PLEDGED REVENUES DESCRIBED
IN ORDINANCE NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 15 -10 -11 by title.
Motion: Approve Ordinance No. 15 -10 -11 as read.
Moved by Fletcher, Seconded by Parsons.
Mr. Van Liere introduced Kelly Ryman of Dunlap & Associates, stating she can
answer any questions that he may not have an answer for. He explained the ordinance,
stating it is what is necessary, with our Charter, to give us the authority to borrow
money and it makes sure we comply with our existing debt covenants. He stated there
will be a loan agreement and resolution presented with the next reading of this
ordinance to tie up all the details. Mr. Van Liere answered several questions from the
Commissioners.
November 22, 2010 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
F. ORDINANCE NO. 15- 10 -12, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE CITY
COMMISSION ON NOVEMBER 13, 1995, AS AMENDED AND
SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$10,100,000 UTILITIES SYSTEM REVENUE BONDS, SERIES 2010A TO FUND
THE COSTS OF SEWER AND PLANT UPGRADES OF THE CITY'S UTILITY
SYSTEM; APPROVING A FORM OF LOAN AGREEMENT AND AUTHORIZING
EXECUTION AND DELIVERY OF THE LOAN AGREEMENT AND OTHER
ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS;
PROVIDING FOR SALE OF THE BONDS BY RESOLUTION FOLLOWING
SOLICITATION OF COMPETITIVE PROPOSALS AND NEGOTIATIONS;
PLEDGING THE CITY'S PLEDGED REVENUES AS DESCRIBED IN
ORDINANCE NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 15 -10 -12 by title.
Motion: Approve Ordinance No. 15 -10 -12 as read.
Moved by Fletcher, Seconded by Parsons.
Mr. Van Liere summarized the ordinance, stating this was for two loans for the plant
and the sewer line. He explained one loan is for the bank qualified subordinated debt,
so we can obtain a variable rate, which gets us the low 2.68 %. He stated the other is to
pay back the money we borrowed from the general fund for the design of the plant
upgrades and sewer lines. He stated this ordinance gives us the authority to incur the
debt, indicating the loan agreement and a resolution will also be brought back to the
Commission at the next reading. Mr. Hanson further discussed the SRF funds they
hope to receive. Discussion ensued.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Huang Villas Easement.
Utility Director Donna Kaluzniak explained the City accepted ownership and
maintenance of the sewer and water lines up to the meters for this Habitat
development. She stated, as part of that, Habitat is dedicating an easement so we have
access to those lines, if needed.
November 22 2010 REGULAR COMMISSION MEETING Page 8
Motion: Accept the easement to maintain the water and sewer infrastructure at
Huang Villas subdivision.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
B. Request from Al's Pizza to renew doggy dining ordinance.
Erika Hall explained the background of the ordinance, stating now that it has expired,
the City must decide whether they want to readopt it to be a permanent law. She
explained if the ordinance is adopted again it would allow patrons to bring their
animals to outdoor seating, exempt the establishment from certain portions of the FDA
food code, and put the enforcement on the City. Mayor Borno explained that we are
looking for a consensus to prepare an ordinance for first reading. She answered several
questions from the Commissioners. Discussion ensued.
Motion: Amend the language of 95 -08 -97 to remove expiration date, remove the
clause prohibiting codification and adopt said revised Ordinance thereby allowing
restaurants meeting outdoor seating criteria and other conditions to once again
apply for a permit to allow doggie dining and authorize staff to resume
administration of those provisions.
Moved by Fletcher, Seconded by Daugherty.
Mayor Borno asked if there had been any code enforcement complaints for any of the
restaurants allowing doggie dining. Ms. Hall stated Building Official Mike Griffin told
her of one complaint but didn't specify which restaurant. Mayor Borno asked Bridget
Judge how many dogs they get on a daily basis. She stated they usually have around
15 per day. Discussion ensued.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
C. Appoint Commissioner to the Board Member Review Committee
Mayor Borno explained the term is up for the Commission/Chair member of the Board
Member Review Committee and would move to reappoint John Fletcher for a second
term.
Motion: Reappoint John Fletcher to a second term on the Board Member Review
Committee to begin December 1, 2010.
Moved by Borno, Seconded by Parsons.
Commissioner Fletcher stated he has enjoyed his appointment to that Board and would
be honored to serve again on behalf of the Commission.
November 22 2010 REGULAR COMMISSION MEETING Page 9
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report.
Mr. Hanson reported there is a workshop scheduled for Monday, December 6 at 5:00
pm in the Commission Chamber. He stated the subject will be the TMDL project and
they will have the information from the bids for that project available, as well as the
engineers to speak on the odor control study, electric study and sludge treatment.
Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney
City Commissioners A. Appointments to the Community Development Board.
City Attorney
Commissioner Fletcher explained the Board Member Review Committee met to
fill/refill three vacancies on the Community Development Board and they nominated
Chris Lambertson to be reappointed and to appoint Brea Paul and Kelly Elmore.
Motion: Reappoint Chris Lambertson to an additional term, ending December
31, 2012, and appoint Brea Paul and Kelly Elmore to serve as new members on
the Community Development Board, effective January 1, 2011, with their terms
ending December 31, 2012.
Moved by Borno, Seconded by Parsons.
Mayor Borno explained that the interview of one candidate, Patrick Stratton, was
cancelled due to his residence in Atlantic Beach not being completed.
Votes:
Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Woods
• Stated there was a program announced in the paper called The Inaugural Small
Business Saturday, which is to come after Black Friday and before Cyber
Monday, and is basically asking you to stay in your neighborhood and share the
wealth with your neighbors and friends. She stated she believes this is a great
idea and encourages everyone to participate in this event.
Commissioner Parsons
• Sympathized with Mr. Johnson regarding the Bahia grass replacing St.
Augustine. He stated he agrees if there was St. Augustine grass it should be
replaced with St. Augustine, not Bahia. He also stated if the City breaks the
curbs they should repair them. Mr. Hanson stated that is our policy and it is
their intent to be in touch with Mr. Johnson.
• Wished everyone a Happy Thanksgiving.
November 22 2010 REGULAR COMMISSION MEETING Page 10
Commissioner Daugherty
• Agreed with the Mayor's comments regarding the Building Activity Report,
stating there is definitely an upswing in activity. He stated in the past we have
raised the fees due to the fact there was not much activity. He asked the City
Manager for a report to see where we are on that and to see if we could possibly
reduce those fees. He asked what happens if we make money this next year.
Mr. Hanson stated it would stay in the fund balance and would be considered
when they look at the budget. He stated they have used the Building Inspector
to do Code Enforcement and other things that are General Fund projects to try
to make use of the people we have when they don't have as many inspections to
do. He stated, hopefully we will get back to even where the building fund pays
for itself and we no longer have to subsidize it.
Mayor Borno.
• Reminder everyone of the Tree Lighting on December 4 at 6:00 pm.
• Wished for everyone to be safe during the holidays.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:12
p.m.
Mike Borno, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk
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STATE ENERGY PROGRAM (SEP)
AMERICAN RECOVERY REINVESTMENT ACT ( ) GRANT
Revenues:
State of Florida - SEP Grant Proceeds $234,789
Expenses: $234,789
Capital Outlay - Equipment
Fund Balance: 0
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
Revenues:
CDBG Grant proceeds from 2010 contract rolled over $18,938
Expenses:
Pants and Recreation
Capital Outlay - Improvements Other than Buildings $18,938
Fund Balance: 0
JUSTANCE ASSISTANCE GRANT (JAG)
Revenues:
Grant Proceeds $5,125
Expenses:
Capital Equipment
Fund Balance: $0
2. This ordinance shall take effect immediately upon its adoption.
Passed by the City Commission on first reading this 8 th day of November, 2010.
Passed by the City Commission on second and final reading this day of November, 2010,
Mike Borno
Mayor / Presiding Officer
Approved as to form and correctness: ATTEST:
Ordinance No. 20 -10 -107 Page 3 of 4
Alan C. Jensen, Esquire Donna L.Bartle, CMC
City Attorney City Clerk
Ordinance No. 20 -10 -107 Page 4 of 4
AGENDA ITEM # 3A
DECEMBER I3, 2010
December 2, 2010
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hanso
ity Manager
SUBJECT: Follow -up eport
Building Department Financial Status At the last city commission meeting, staff was
requested to provide a comparison of revenues and expenses year -to -date for the Building
Department. As of the date of this writing, only one month in the fiscal year (October) is
available for comparison. Total revenues for the month of October equal $20,478.35. Expenses
equal $24,316.87. There was a net loss of $3,838.52 in the fund before the budget transfer of
$5,000 was made from the General Fund. After the transfer, the balance in the Building Fund
increased by $1,161.48.
Complaints About Royal Palms Stormwater Project, At the last Commission meeting,
Richard Johnston of 857 Bonita Rd. asked that the City replace some Bahia sod that had been
installed in an area where work had been done with St. Augustine sod, that faded street name
signs be replaced, that curbing be replaced and that new street lights be added. The sod installed
in front of Mr. Johnston's house when the work was done was St Augustine. The sod he was
referring to was in front of his neighbor's house. It has since been replaced with St Augustine
sod also. He was correct that some of the street name signs had faded and the Public Works
Department is replacing several of them. The problem with the curb in front of his house should
be collected with the upcoming milling and resurfacing project in January. Last, the Police Dept
is investigating the need for additional street lights. The desire for additional street lights was
reviewed by the PD a couple of years ago when the Royal Palms projects was started and several
were added at that time.
AGENDA ITEM # 4A
City of Atlantic Beach DECEMBER 13,2010
FINANCIAL REPORT
OCTOBER 2010
Cash Balances
Prior Current Dollar
Fund(s) 09/30/10 10/31/10 Change
General $3,981,530 $3,526,699 ($454,831)
Tree Replacement 3,989 3,989 0
Convention Development Tax 20,426 32,116 11,690
Local Option Gas Tax 76,633 97,862 21,229
Better Jax 1/2 Cent Sales Tax 348,168 328,542 (19,626)
Police Training, Forfeit, etc. 186,229 248,567 62,338
Grants 0 15,230 15,230
Debt Service 74,209 79,951 5,742
Capital Projects 1,708,888 1,766,629 57,741
Utility 4,454,683 3,859,393 (595,290)
Sanitation 607,681 618,125 10,444
Building Code Enforcement 47,312 50,583 3,271
Storm Water 2,438,727 1,931,800 (506,927)
Pension - Police 20,300 15,804 (4,496)
Pension - General 8,436 34,193 25,757
Total $13,977,211 $12,609,483 ($1,367,728)
Total Restricted Cash $7,919,278
Total Unrestricted Cash $4,690,205
Cash and Investments
Prior Current Dollar Rate of
Account 09/30/10 10/31/10 Change Return %
Bank of America - Depository $6,334,086 $4,950,953 ($1,383,133) 0.300
Federal National Mortgage Association Bonds 1,014,583 1,015,286 703 3.100
US Treasury Notes 1,192,309 1,199,095 6,786 4.625
US Treasury Notes 2,202,860 2,198,967 (3,893) 3.625
Federal Farm Credit Bank Consolidated Bonds 1,171,901 1,181,893 9,992 4.875
Federal Home Loan Mortgage Corporation 1,019,497 1,019,920 423 4.000
Federal Home Loan Bank Consolidated Bonds 1,038,777 1,040,171 1,394 4.300
SBA - Florida Prime 248 248 0 0.300
Cash on Hand 2,950 2,950 0 N/A
Subtotal 13,977,211 12,609,483 (1,367,728)
Police Pension Investments 6,112,752 6,235,209 122,457 9.43 (1)
General Pension Investments 10,410,381 10,681,854 271,473 11.42 (1)
Subtotal 16,523,133 16,917,063 393,930
Total $30,500,344 $29,526,546 ($973,798)
(1) FYTD rate of return through 09/30/10
AGENDA ITEM # 4A
City of Atlantic Beach DECEMBER I3, 2010
FINANCIAL REPORT
OCTOBER 2010
Revenues
Annual YTD - 8% YTD Dollar Percent
Fund / (Footnote) Estimate of Estimate Actual Variance Variance
General (1) $11,478,099 $952,682 $614,425 ($338,257) - 35.51%
Convention Development Tax 192,857 16,007 14,416 (1,591) -9.94%
Local Option Gas Tax 463,523 38,472 38,854 382 0.99%
Better Jax 1/2 Ct Sales Tax 658,424 54,649 46,874 (7,775) - 14.23%
Police Training, Forfeit, etc. 148,410 12,318 89,205 76,887 624.18%
Community Development Block Grant 112,225 9,315 15,230 5,915 63.50%
Debt Service 68,650 5,698 5,742 44 0.77%
Capital Projects 803,000 66,649 68,660 2,011 3.02%
Utility (2) 19,061,825 1,582,132 907,222 (674,910) - 42.66%
Sanitation 1,837,500 152,513 155,568 3,055 2.00%
Building Code Enforcement 317,850 26,382 25,479 (903) -3.42%
Storm Water 669,124 55,537 57,159 1,622 2.92%
Pension - Police (3) 964,726 80,072 170,525 90,453 112.96%
Pension - General (3) 1,522,969 126,406 362,054 235,648 186.42%
Total $38,299,182 $3,178,832 $2,571,413 ($607,419)
Analysis of Major Variances
(1) The $338,257 negative variance in the General Fund resulted from not having received
property taxes. Typically the majority of these taxes are received from the City of
Jacksonville in December & January.
(2) The $674,910 negative variance in the Utility Funds resulted from not having received
the proceeds from the Bank - Qualified Loan. The anticipated receipt of the loan proceeds
is in mid - December, 2010. If the loan was not included in this calculation, the variance
would be a positive 9.9 %.
(3) The $90,453 positive variance in the Police Employee Pension Fund & the $235,648
positive variance in the General Employee Pension Fund resulted from changes in
market values of the investments.
Utility (2)
City f Atlantic Beach AGENDA ITEM # 4A
y DECEMBER 13, 2010
FINANCIAL REPORT
OCTOBER 2010
Expenses
Annual YTD-8% YTD Dollar Percent
Department / (Footnote) Estimate of Estimate Actual Variance Variance
Governing Body $42,260 $3,508 $3,910 ($402) - 11.46%
City Administration 2,465,322 204,623 201,402 3,221 1.57%
General Government 576,591 47,857 33,911 13,946 29.14%
Planning and Building 531,131 44,084 30,424 13,660 30.99%
Public Safety (1) 5,696,885 472,843 301,054 171,789 36.33%
Recreation and Special Events 392,160 32,549 56,047 (23,498) - 72.19%
Public Works (2) 6,594,749 547,364 416,876 130,488 23.84%
Public Utilities (3) 19,533,651 1,621,290 1,532,425 88,865 5.48%
Pension - Police 548,977 45,565 51,151 (5,586) - 12.26%
Pension - General 555,445 46,102 64,043 (17,941) - 38.92%
Total $36,937,171 $3,065,785 $2,691,243 $374,542
Annual YTD - 8% YTD Dollar Percent
Resource Allocation Estimate of Estimate Actual Variance Variance
Personal Services (4) $9,416,977 $781,609 $458,873 $322,736 41.29%
Operating Expenses (1) & (2) 10,127,978 840,622 671,340 169,282 20.14%
Capital Outlay (1) & (2) 12,803,803 1,062,716 178,715 884,001 83.18%
Debt Service (3) 2,137,906 177,446 1,178,107 (1,000,661) - 563.92%
Transfers 2,450,507 203,392 204,208 (816) -0.40%
Total $36,937,171 $3,065,785 $2,691,243 $374,542
Analysis of Major Variances
(1) The positive variance in the Public Safety departments is partially due to the payment
being due quarterly to the City of Jacksonville for fire & rescue services. The next
payment is due in January 2011 for October through December 2010. Also, there have
been vacant positions in the Police Patrol division.
(2) The positive variance in the Public Works departments resulted from not having paid the
October charge for the First Vehicle or Advanced Disposal Services contracts. Also,
there has been limited activity on the various projects funded from this source - see
Project Activity Schedule.
(3) The negative variance in the Public Utilities department resulted from the October
payment of principal and interest on the Utility Revenue Bonds.
(4) The positive variance in the Personal Services is typical for the first month of the new
fiscal year due to the payroll expense only including two weeks of the month of October.
The last 2 weeks of October will not be paid until the first week of November. This
explains why approximately 41 % of October's budgeted payroll has not been expensed.
City of Atlantic Beach AGENDA ITEM # 4A
DECEMBER 13, 20I0
FINANCIAL REPORT
OCTOBER 2010
Project Activity - Current Year Activity Only
Project YTD YTD YTD
Project Name Number Budget Actual Balance Status
Public Safety
Lifeguard Building Roof Replacement LGO901 8,000 0 8,000
Police Building Renovation /Design /Construction PS0504 697 0 697 E
8,697 0 8,697
Public Utilities:
Replace Well at Water Plant #1 PUO304 287,018 0 287,018 I
TMDL - WWTP #1 Design PU0905 91,276 0 91,276 E
TMDL - Lift Station /Main Transfer Flow PU0906 3,729,967 0 3,729,967 E
Elevated Tank - Water Plant #1 PU1001 1,688 0 1,688 C
Ground Storage Tank Rehab - Water Plant #1 PU1002 34,058 19,388 14,670 1
Collection System Inspection & Rehab PU1004 42,836 25,848 16,988 1
Mimosa Cove Lift Station Upgrades PU1005 48,590 0 48,590 1
Lift Station E Upgrades PU1006 48,183 48,183 0 C
Tank Rehab - Water Plant #4 PU1014 814 0 814 C
Well Rehab - Well # 1 @ Water Plant #1 PU1101 50,000 0 50,000
Elevated Tank Rehab - Water Plant #2 PU1102 15,000 0 15,000
Ground Storage Tank Rehab - Water Plant #4 PU1103 40,000 0 40,000
Replace 2" Water Main - 11th Street PU1104 120,000 0 120,000
Sewer Rehab - Sea Oats Drive PU1105 300,000 0 300,000
TMDL Upgrade /Construction - WWTP #1 PU1106 5,981,510 0 5,981,510
Valve Replacement - Davco & Clarifier PU1107 35,000 0 35,000
Replace Equipment - PW Yard Station PU1108 30,000 0 30,000
Plant Improvements - Master Plan PU1109 469,000 0 469,000
Subtotal 11,324,940 93,419 11,231,521
Public Works:
Riverbranch Preserve - Kayak & Canoe Launch PM0804 196,306 0 196,306 E
Howell Park Bridge Replacement PM1001 20,000 0 20,000
Veteran's Park - Flag & Pavilion PM1006 72,063 14,719 57,344 1
Dog Park - Hopkins Creek PM1008 7,000 1,990 5,010 1
Gate at Dutton Island PM1101 20,000 0 20,000
Lighting - Basketball Court PM1102 22,000 0 22,000
Lighting - Security at Community Center PM1103 1,250 0 1,250
Sod - Baseball Field PM1104 32,000 0 32,000
Sod - South End of Soccer Field PM1105 20,000 0 20,000
Parking - Paved PM1106 36,975 0 36,975
Water Fountain - Russell Park PM1107 5,000 0 5,000
Royal Palms Design PW0808 3,294 0 3,294 E
Royal Palms Stormwater Project PWO905 580,405 0 580,405 1
Bulkhead - Ditch @ Cavalla PW1005 9,472 9,472 0
Sidewalk & Curb Replacement PW1101 25,000 0 25,000
Drain Line - Atlantic Blvd /East Coast Dr /Ahern St PW1102 50,000 0 50,000
Subtotal 1,100,765 26,181 1,074,584
Total $12,434,402 $119,600 $12,314,802
Status Key
A - Bid Advertised I - Project In- progress
B - Bid Awarded N - Complete /Non - Capital
C - Project Completed R - Re- budget Next Fiscal Year
AGENDA ITEM # 4A
DECEMBER 13, 2010
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AGENDA ITEM # 4A
DECEMBER 13, 2010
City of Atlantic Beach, Fl.
Utility Sales Report
November 2010 November 2009
Gallons Actual Revenue Gallons Actual Revenue
Water Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gi
Atlantic Beach 5,598 42,348 $158,918 $3.75 5,561 38,094 $142,302 $3.74 ;-
Buccaneer 2,459 18,290 $85,424 $4.67 2,448 18,530 $81,601 $4.40
Total Water Sales 8,057 60,638 $244,342 $4.03 8,009 56,624 $223,903 $3.95
Gallons Gallons
Water Plant Production 0000 0000
Atlantic Beach 49,727 50,713
Buccaneer 18,091 16,162
Total Production 67,818 66,875
Total Water Billed 60,638 56,624
Water Loss for month: 7,180 10,251
Percentage Loss 10.59% 15.33%
Total 12 mo. Avg. Loss 15.22% 13.76%
Gallons Actual Revenue Gallons Actual Revenue
Sewer Sales Accounts 0000 Revenue Per 1,00o gi Accounts 0000 Revenue Per 1,0 00 gi
Atlantic Beach 5,126 31,650 $239,910 $7.58 5,097 31,288 $217,146 $6.94
Buccaneer 2,334 18,182 $174,412 $9.59 2,327 17, 459 $154,759 $8.86
Total Sewer Sales 7,460 49,832 $414,322 $8.31 7,424 48,747 $371,905 $7.63
Gallons Actual Revenue Gallons Actual Revenue
Sew Treatment 0000 Revenue Per 1,000 gi 0000 Revenue Per 1,000 gi
Atlantic Beach 43.046 $239,910 $5.57 44.012 $217,146 $4.93
Buccaneer 17.775 $174,412 $9.81 17.079 $154,759 $9.06
Total Sewer Treated 60.821 $414,322 $6.81 61.091 $371,905 $6.09
AGENDA ITEM # 4A
DECEMBER 13, 2010
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AGENDA ITEM # 4A
DECEMBER 13, 2010
Atlantic Beach
Police Department
3 rd Quarter Report 2010
Highlights
The Police Department, along with all City Departments, has continued to prioritize its
efforts towards the Mayport Corridor Improvement Plan. The COPS officers recently
completed a residential survey in the Mayport Corridor and Royal Palms areas. The
results are currently being tabulated.
The department has made a conscious effort to expand upon the practice of Community
Oriented Policing. While the COPS officers function in that capacity full -time, the
philosophy should permeate throughout the department. Patrol Officers have received
training on the principles of Community Oriented Policing. They are strongly encouraged
to get out of their vehicles to do walk and talks in an effort to increase their positive
interaction with members from the community.
We have also expanded the bike patrols to the rest of the city. Additional Patrol Officers
have received police cyclist training and two additional bikes have been purchased.
Having officers out of their vehicles or on bikes is an excellent way to remove the vehicle
barrier and bring them in closer contact with our citizens in order to build and strengthen
community partnerships.
City wide, there has been a slight decrease in Part I crimes for the first nine months of
2010 as compared to the same period in 2009. There was also a 14% reduction in auto
accidents.
The police department has purchased two more hybrid vehicles. This brings the total
number of hybrids to 7 which is 23% of our fleet.
The Atlantic Beach Police Department continues to have an exceptional emergency
response time. The average emergency response time for the first three quarters of 2010
is 1 minute 34 seconds.
Crime
The state publishes crime rates for all jurisdictions semi annually and annually. Atlantic
Beach continues to have the lowest per capita crime rate in Duval County for the first half
of the year.
While there was only a slight decrease in Part I crimes overall in the past 9 months, there
were significant reductions in Aggravated Assault and Larceny.
AGENDA ITEM # 4A
DECEMBER I3, 2010
Productivity
Calls for service were up slightly from the same period in 2009 from 22,662 to 23,159, or
2 %. Arrests and citations were down from the preceding year. Auto accidents have
decreased 14% from 206 to 177.
The Crime Suppression Unit (CSU) and Investigations Division continue to be very
productive. The department has a 25.3% clearance rate which means 1 out of every 4
crimes are solved. This represents the 2 n highest number in the county and is higher than
the state average. CSU has made 25 prostitution arrests this year, which includes men and
women, and 7 alcohol deployment arrests. They are conducting alcohol compliance
checks on almost a monthly basis and the compliance rate has increased dramatically
compared to years past.
The State passed a law earlier this year which will require our Emergency
Communications Officers (ECO) to be certified beginning in 2011. This will, of course,
increase the time and expense of training an ECO. The department recently wrote a
training program to satisfy all the state requirements for ECO certification. This will
allow the department to conduct the training in -house rather than sending the employee to
a training center, which will be more efficient and reduce costs for tuition and related
expenses.
Animal Control had a slight increase in the number of calls from 1,842 to 1,967. Citations
are down slightly from 234 to 197 for the first nine months of the year. Their schedule is
such that it provides 7 days per week coverage. They conduct monthly beach surveys to
measure leash law compliance. The average compliance rate for 2010 is 84 %.
Personnel
Currently the Police Department has three vacancies for police officer and applicants are
being processed for those positions. All other divisions in the department are fully
staffed.
Training
The Department is deeply committed to providing quality training to all its employees. In
the first three quarters of 2010, employees have attended or are scheduled to attend
training in the following topics.
• Leadership /Supervision — Several classes
• Police Applicant Background Investigation
• Officer Bill of Rights and Discipline
• Computer training in Microsoft Office
AGENDA ITEM # 4A
DECEMBER 13, 2010
• Field Training Officer
• Radar/Laser Training
• Communication Center Supervision Training
• Dispatch Field Training Officer
• Animal Control Certification
• Interviews and Interrogations
• Firearms - training and qualifications
• Police Cyclist
• Property and Evidence Room Management
• Instructor Certification
• Emotional Intelligence
• Dealing with Difficult People
• Public Records Management
Advanced training keeps employees current and on the cutting edge of Public Safety
techniques, trends and strategies. The Department believes a better trained employee
results in the delivery of a higher quality of service. The above list does not include
classes taken by the employees who are enrolled in various college degree programs. We
had one officer that received her Bachelors Degree in Criminal Justice this year.
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AGENDA ITEM # 6A
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: RESOLUTION 10 -15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE
NO. 15- 10 -11; AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $690,000 UTILITIES SYSTEM REVENUE
REFUNDING BONDS, SERIES 2010B; AUTHORIZING AWARD
OF THE BONDS TO BRANCH BANKING AND TRUST
COMPANY FOLLOWING SOLICITATION OF COMPETITIVE
PROPOSALS; AND PROVIDING AN EFFECTIVE DATE.
DATE: December 6, 2010
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: During the process of analyzing the bond market in preparation for
financing the TMDL project, it was determined that it would also be advantageous to
refund the remaining portion of the City's outstanding 1996 bonds. The City's
Financial Advisor has determined that it will achieve debt service savings of about
$65,000 by a refunding. The City may only incur debt by ordinance per City's
Charter. The outstanding portion of the 1996 bonds is $690,000 borrowed at 5.5 %.
The new debt will be obtained at 3.68 %. This is about a 9% savings to the City and
lowers our debt service for those bonds by about $6,000 per year until 2025.
Subject and pursuant to the provisions of this resolution, the City is authorized
to incur a Loan and to issue the Bonds in evidence thereof, upon substantially the
terms of the Loan Agreement attached hereto as Exhibit A. All of the terms and
covenants contained in the Loan Agreement are incorporated herein by reference.
The Bond Ordinance and the Loan Agreement, upon the funding of the Loan and the
issuance of the Bonds, shall constitute a contract between the City and the Lender.
ATTACHMENTS: RESOLUTION NO. 10 -15 and Exhibits.
RECOMMENDATION: Approve Resolution No. 10 -15
CITY MANAGER APPROVAL:
AGENDA ITEM # 6A
DECEMBER 13, 2010
RESOLUTION NO. 10 -15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE
NO. 15- 10 -13; AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $690,000 UTILITIES SYSTEM REVENUE
REFUNDING BONDS, SERIES 2010B; AUTHORIZING AWARD
OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY
FOLLOWING SOLICITATION OF COMPETITIVE PROPOSALS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the
"City ") has determined to refinance certain Refunded Bonds of the City and has
enacted Ordinance No. 15 -10 -13 (the "Ordinance ") for such purpose; and;
WHEREAS, the City has received competitive proposals from area financial
institutions and has received a recommendation of its financial advisor to accept the
proposal of Branch Banking and Trust Company (the "Bank ") as in the best interest of
the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. AUTHORITY FOR THIS RESOLUTION. This resolution is
adopted pursuant to the provisions of the Act, as defined in the Loan Agreement, and
is supplemental to the Ordinance.
Section 2. DEFINITIONS. All terms in this resolution shall have the
meanings as defined in the Loan Agreement.
Section 3. SALE OF BONDS.
(A) Findings The City reaffirms its prior findings that in accordance
with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the
Bonds is in the best interest of the City because of the small size of the issue, the
uncertainty of the bond market for issues of this type, and the flexibility available in
structuring the Bonds and their terms.
(B) The City has solicited proposals for purchase of the Bonds from
area commercial banks and has determined that the proposal of the Bank, set forth
by letter dated November 12, 2010 and attached hereto as Exhibit A, is the best
proposal. Following evaluation of the responses received and negotiation with the
offeror of the proposal most advantageous to the City, the City hereby authorizes and
sells the Bonds to the Bank, upon the marketing terms of the Bonds, including but
not limited to interest rate, interest payment dates, maturity dates and amounts, and
terms of prepayment, as set forth in the revised form of Loan Agreement attached
hereto as Exhibit B, with such modifications to the terms of the Loan Agreement as
are set forth therein. The Bonds shall be issued in substantially the form set forth in
Exhibit C hereto.
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AGENDA ITEM # 6A
DECEMBER 13, 2010
Section 4. NECESSARY ACTION. The Mayor or Mayor Pro Tempore and the
City Clerk or Deputy Clerk of the City are authorized and directed to execute and
deliver the Loan Agreement and the Bonds substantially in the forms attached, upon
payment of the purchase price without further authority from the City Commission.
The Mayor or Mayor Pro Tempore and City Clerk or Deputy Clerk and City Manager
are designated as the agents of the City in connection with the issuance and delivery
of the Bonds and are authorized and empowered to take all actions and steps to
execute and deliver any and all instruments, documents or contracts on behalf of the
City which are necessary or desirable in connection with the execution and delivery of
the Loan Agreement and the Bonds, and which are not inconsistent with the terms
and provisions of the Ordinance, this Resolution and the Loan Agreement.
Section 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,
Florida at a regular meeting duly called and held this _ day of , 2010.
CITY OF ATLANTIC BEACH, FLORIDA
By:
Mike Borno
Mayor
Approved as to form, sufficiency
And correctness:
By:
Alan C. Jensen
City Attorney
ATTEST:
By:
Donna L. Bartle
City Clerk
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AGENDA ITEM # 6A
DECEMBER 13, 2010
EXHIBITS
TO
RESOLUTION
Exhibit A - November 12, 2010 Letter of Branch Banking and Trust Company
Exhibit B - Loan Agreement
Exhibit C - Bond Form
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AGENDA ITEM # 6A
DECEMBER 13, 2010
P � �
Branch Banking and Trust Company
Governmental Finance
200 W. Forsyth Street
Suite 200
Jacksonville, FL 32202
(904) 361 -5253
Fax (904) 361 -5276
November 12, 2010
Mr, Nelson Van Liere
Finance Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Dear Mr. Van Liere,
Branch Banking and Trust Company ( "BB &T ") is pleased to offer this proposal for the financing requested
by the City of Atlantic Beach ( "City"):
(1) Project: Utility System Refunding Revenue Note, Series 2010C
(2) Amount To Be Financed: not to exceed $690,000
(3) Interest Rates, Financing Terms and Corresponding Payments:
Final Maturity Rate
October 1, 2025 3.68%
Interest payments will be due semi - annually on April 1 and October 1 of each year, commencing April 1,
2011. Principal payments shall be due annually on October 1, commencing October 1, 2011, as requested. Upon being
awarded this transaction, a final amortization schedule will be mutually agreed upon between the City and BB &T.
The interest rate stated above is valid for a closing date not later then 45 days after today. Closing of the
financing is contingent upon completing documentation acceptable to BB &T and its counsel.
BB &T's underwriting fee and legal review expenses shall be $2,500. If BB &T is selected as provider for
both the Series B and Series C Notes, the cumulative fee will be $4,500. All applicable costs of counsel for the City
and any other costs shall be the City's responsibility and separately payable by the City.
The financing documents shall allow for the prepayment of the principal balance in whole on a scheduled
payment date with a I % prepayment penalty.
The financing documents shall include provisions that will outline appropriate changes to be implemented in
the event that this transaction is determined to be taxable in accordance with Florida State Statutes or the Internal
Revenue Service code.
The stated interest rate assumes that the City expects to borrow less than $30,000,000 in the calendar year
2010 and that the financing shall comply with the IRS Code Sections 141, 148, 149(e) and 265(b)(3). BB &T reserves
the right to terminate its interest in this bid or to negotiate a mutually acceptable rate if the financing is not a qualified
tax - exempt financing.
AGENDA ITEM # 6A
DECEMBER 13, 2010
(4) Financing Documents:
It shall be the responsibility of the City to retain and compensate counsel to appropriately structure the
financing documents according to Florida State statutes. BB &T shall also require the City to provide an unqualified
bond counsel opinion. BB &T and its counsel reserve the right to review and approve all documentation before
closing.
(5) Security:
The Note shall be secured by a parity lien on the Net Revenue generated by the System, as described in the
Request for Proposal.
BB &T appreciates the opportunity to make this financing proposal and requests to be notified within ten days
of this proposal should BB &T be the successful proposer.
BB &T shall have the right to cancel this offer by notifying the City of its election to do so (whether or not
this offer has previously been accepted by the City) if at any time prior to the closing there is a material adverse
change in the City's financial condition, if we discover adverse circumstances of which we are currently unaware, if
we are unable to agree on acceptable documentation with the City or if there is a change in law (or proposed change in
law) that changes the economic effect of this financing to BB &T. We reserve the right to negotiate and/or terminate
our interest in this transaction should we be the successful proposer.
Please call me at (803) 251 -1328 with your questions and comments or contact David Pierce in our
Jacksonville, FL office at:
200 W. Forsyth Street
Suite 200
Jacksonville, FL 32202
Phone: 904.361.5253
Fax: 904.361.5276
Email: david_pierce r_bbandt.com
We look forward to hearing from you.
Sincerely,
BRANCH BANKING AND TRUST COMPANY
Andrew G. Smith
Senior Vice President
AGENDA ITEM # 6A
DECEMBER 13, 2010
EXHIBIT B
TO
RESOLUTION
LOAN AGREEMENT
between
CITY OF ATLANTIC BEACH, FLORIDA
and
BRANCH BANKING AND TRUST COMPANY
Dated as of December 14, 2010
$690,000
UTILITIES SYSTEM REVENUE REFUNDING BONDS
SERIES 2010B
AGENDA ITEM # 6A
DECEMBER 13, 2010
LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement "), dated as of December 14, 2010,
by and between the CITY OF ATLANTIC BEACH, FLORIDA (the "City "), a municipal
corporation under the laws of the State of Florida, and BRANCH BANKING AND
TRUST COMPANY, Charlotte, North Carolina (the "Lender "),
WITNESSETH:
WHEREAS, the City has, by enactment of Ordinance No. 15 -10 -13 (the
"Ordinance ") on December 13, 2010, authorized the refunding of the Refunded Bonds
by a loan (the "Loan") in the amount of $690,000 from the Lender; and
WHEREAS, the City has, by Resolution No. , adopted on December 13,
2010 (the "Resolution ") determined to obtain the Loan from the Lender;
NOW THEREFORE, in consideration of the premises and the respective
representations and covenants herein contained, the parties hereto agree as follows:
Section 1. Definitions. The following terms in this Agreement shall have the
following meanings, unless the text otherwise expressly requires:
"Act" means Chapter 166, Florida Statutes, the Original Ordinance and other
applicable provisions of law.
"Bond Ordinance" shall mean the Ordinance, as supplemented by the
Resolution.
"Bonds" means the City's $690,000 Utilities System Revenue Refunding Bonds,
Series 2010B, issuable in the denomination of a single Bond of $690,000 principal
amount.
"City" means the City of Atlantic Beach, Florida
"Code" means the Internal Revenue Code of 1986, as amended.
"County" means Duval County, a political subdivision of the State of Florida.
"Loan" means the loan agreed to be made to the City by the Lender pursuant to
Section 3 below.
"Original Ordinance" shall mean Ordinance No. 15 -95 -7 enacted by the City
Commission on November 13, 1995, as amended and supplemented, particularly as
supplemented by Ordinance No. 15 -96 -8 enacted by the Commission on March 11,
1996, as amended by the City on November 22, 2004. Except as otherwise provided
herein, all capitalized terms used and /or defined in the Original Ordinance shall have
the same meanings in this Agreement.
"Parity Bonds" shall mean the City's shall mean the City's outstanding Utilities
System Revenue Refunding Bonds, Series 2004, issued under the Original Ordinance.
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AGENDA ITEM # 6A
DECEMBER 13, 2010
"Refunded Bonds" shall mean the City's outstanding Utilities System Revenue
Bonds, Series 1996.
"SRF Loan" shall mean the loan in the amount of $ 1,063,800 made to the City
pursuant to the SRF Loan Agreement.
"SRF Loan Agreement" shall mean the Drinking Water State Revolving Fund
Construction Loan Agreement DW 160710 between the State of Florida Department of
Environmental Protection and the City.
Section 2. Findings. It is hereby found, determined and declared by the
City that:
A. The refunding of the Refunded Bonds will further the purposes of
the Act and will reduce the borrowing costs of the City.
B. The City now owns, operates and maintains the System and
receives Pledged Revenues each year which are not presently pledged for payment of
any debt, except the Parity Bonds and the Refunded Bonds and the SRF Loan, and
are legally available to pay the Bonds. Such Pledged Revenues will be sufficient to
pay all principal of and interest on the Bonds and the Parity Bonds and the SRF Loan
when due and to make all required payments under the Original Ordinance and the
Bond Ordinance and the SRF Loan Agreement.
Section 3. Loan. The Lender agrees to make a Loan to the City for the
purpose of refunding the Refunded Bonds. The Loan shall be evidenced by the
Bonds, containing the terms in the Bonds, the Bond Ordinance and this Agreement,
which is in substantially the form provided in the Resolution.
Section 4. Terms and Covenants of Prior Ordinances Apply. A. All of the
terms and covenants of Article I, Article II, Article III and Article V, except Section 5.04
thereof relating to continuing disclosure, and Article VI of Ordinance No. 15 -96 -8, as
amended, except as otherwise provided herein, are incorporated by reference herein
and shall apply to the Loan for the benefit of the Lender as fully as if set out herein.
Upon issuance of the Bonds, the City agrees to demonstrate compliance with the
requirements of the Original Ordinance for the issuance of Additional Parity Bonds.
The Bonds shall be Additional Parity Bonds for all purposes of the Original Ordinance
and shall be Senior Revenue Obligations (as defined in the SRF Loan Agreement) for
all purposes of the SRF Loan Agreement. The Original Ordinance, the Bond
Ordinance and this Agreement shall constitute a contract between the City and the
Lender.
B. Pursuant to Section 3.03(G) of Ordinance No. 15 -96 -8, as amended, the
City has the right to establish separate Reserve Accounts for different series of bonds
issued thereunder. The City elects to establish a separate Reserve Account for the
Bonds, and the Lender hereby waives the requirement that the separate Reserve
Account for the Bonds be funded. The Reserve Account established by Ordinance No.
10 -96 -8 for the 1996 Bonds issued thereby shall not apply to secure the Bonds, and
the Reserve Account established by Ordinance No. 15 -04 -10 for the 2004 Bonds
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AGENDA ITEM # 6A
DECEMBER 13, 2010
issued thereby and funded by a Reserve Account Credit Facility securing the 2004
Bonds shall not apply to secure the Bonds.
Section 5. Prepayment; Other Provisions. A. The Bonds shall be
prepayable before maturity in whole, but not in part, on any scheduled date for
payment of principal or interest, at a price of par plus accrued interest to the date of
prepayment plus a premium of 1% of the principal amount prepaid. The City shall
give the Bank five (5) days' prior written notice of its intention to prepay the Bonds.
B. The City Clerk shall be the Bond Registrar and Paying Agent for the
Bonds.
C. The City will provide to the Lender (a) annual financial statements of the
City prepared by an independent accounting firm in accordance with generally
accepted accounting principles promptly after the date such statements are available,
but not later than the one hundred eightieth (180th) day following the end of each
Fiscal Year and accompanied by an unqualified opinion of such accounting firm,
which financial statements include specifically all receipts of and application of
Pledged Revenues hereunder, and (b) a copy of the City's annual budget and any
amendments thereto, within thirty (30) days after its adoption.
Section 6. Application of Loan Proceeds. A. Proceeds received from the
Loan in the amount of $ shall be deposited on the date of receipt with the
Paying Agent for the Refunded Bonds, which is an amount sufficient to pay the
principal portion of the redemption price for the Refunded Bonds on the earliest
practicable date of redemption, being December 23, 2010, to be held uninvested by
the Paying Agent until the redemption date. The City shall simultaneously deposit
$ , being the interest accrued on the Refunded Bonds to December 23,
2010, with the paying agent from the Sinking Fund under the Original Ordinance.
The Lender shall not have a lien on the money so deposited as provided in this
Subsection 6A.
B. The balance of the proceeds received from the Loan shall be applied to
pay costs of issuance of the Loan. No proceeds received from the Loan shall be
deposited into the Reserve Account.
Section 7. Waiver of Jury Trial. WITH RESPECT TO ANY SUIT OR ACTION
BETWEEN THE CITY AND THE LENDER RELATING TO THE LOAN, OR THIS LOAN
AGREEMENT, THE CITY AND THE LENDER EACH EXPRESSLY WAIVES ANY RIGHT
TO A JURY TRIAL, AND AGREES THAT THE EXCLUSIVE VENUE FOR ANY SUCH
SUIT OR ACTION SHALL BE DUVAL COUNTY, FLORIDA.
Section 8. Notices. All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given when hand delivered
or mailed by registered or certified mail, postage prepaid, to the parties at the
following addresses:
Notice Addresses
As to the City: Nelson Van Liere
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AGENDA ITEM # 6A
DECEMBER 13, 2010
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233 -5445
(904) 247 -5807
As to the Lender: Branch Banking and Trust Company
5130 Parkway Plaza Blvd., Building 9
Charlotte, North Carolina 28217
Attn: Governmental Finance
(704) 954 - 1799 /FAX
Any of the above parties may, by notice in writing given to the others, designate
any further or different addresses to which subsequent notices, certificates or other
communications shall be sent. Communication to the Lender via telecopier shall be
confirmed by delivery of a hard copy thereof to the Lender not later than two (2)
Business Days after such communication by telecopier.
Section 9. Qualified Tax - Exempt Obligation. The City hereby represents
and finds that it reasonably anticipates not more than $30,000,000 of tax- exempt
obligations (other than certain private activity bonds) will be issued by the City and its
subordinate governmental entities in calendar year 2010. The City hereby directs it
Mayor to recertify these representations upon issuance of the Bonds, and the Bonds
are hereby designated as "qualified tax- exempt obligations" under Section 265 (b) (3) of
the Code.
Section 10. No Recourse. No recourse shall be had for the payment of the
principal of and interest on the Bonds or for any claim based on the Bonds or on this
Agreement, against any present or former member or officer of the City Commission or
any person executing the Bonds.
Section 11. Amendments, Changes and Modifications. This Agreement may
be amended by written agreement of the City and the Lender.
Section 12. Binding Effect. To the extent provided herein, this Agreement
shall be binding upon the City and the Lender and shall inure to the benefit of the
City and the Lender and their respective successors and assigns.
Section 13. Severability. In the event any provision of this Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof.
Section 14. Execution in Counterparts. This Agreement may be
simultaneously executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
Section 15. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
LFM- 12/6/2010 -2:35 PM- 4500 -LA - 2010B - v5
4
AGENDA ITEM # 6A
DECEMBER 13, 2010
IN WITNESS WHEREOF, the City and the Lender have executed and delivered
this Loan Agreement as of ) 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
By:
Mike Borno
Mayor
(SEAL)
ATTEST:
By:
Donna L. Bartle
City Clerk
BRANCH BANKING AND TRUST
COMPANY
By:
David Pierce
Banking Officer
LFM- 12/6/2010 -2:35 PM- 4500 -LA - 2010B - v5
5
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If
AGENDA ITEM # 6A
DECEMBER 13, 2010
by wire transfer to the domestic account of the Lender, upon written request and
furnishing of wire transfer instructions to the City. All amounts due hereunder shall
be payable in any coin or currency of the United States of America, which is at the
time of payment legal tender for the payment of public or private debts.
If the date for payment of the principal of or interest on the Bond shall be a
Saturday, Sunday, legal holiday or a day on which banking institutions in the State of
Florida are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not a Saturday, Sunday or legal
holiday or a day on which such banking institutions are authorized to close; provided,
that interest shall accrue to the date of payment.
This Bond evidences a Loan made pursuant to Ordinance No. 15 -10 -13 of the
City enacted on December 13, 2010, as supplemented by Resolution No. 10 -15
enacted on December 13, 2010 (collectively, the "Bond Ordinance ") and a Loan
Agreement dated as of December 14, 2010 (the "Loan Agreement ") between the City
and the Lender to finance the refunding of the City's Utilities System Revenue
Refunding Bonds, Series 1996, as described in the Loan Agreement, pursuant to the
authority of and in full compliance with the Constitution and laws of the State of
Florida, including particularly Chapter 166, Florida Statutes, as amended, Ordinance
No. 15 -95 -7, as amended and supplemented (the "Original Ordinance ") and other
applicable provisions of law (collectively, the "Act ").
All of the terms of the Loan Agreement are incorporated herein by reference.
This Bond is a special obligation of the City payable solely from and secured by a
pledge of and a lien on the City's Pledged Revenues, as defined in the Original
Ordinance, all as provided in the Original Ordinance and the Loan Agreement.
This Bond does not constitute a general obligation, or a pledge of the faith,
credit or taxing power of the City, the State of Florida or any political subdivision
thereof, within the meaning of any constitutional or statutory provision or limitation.
Neither the State of Florida nor any political subdivision thereof, nor the City, shall be
obligated to pay the principal of this Bond, the interest thereon or other costs incident
thereto, except from the Pledged Revenues in the manner provided in the Loan
Agreement. It is further agreed between the City and the Lender that this Bond and
the indebtedness evidenced hereby shall not constitute a lien on any property of the
City, except upon the Pledged Revenues, as provided in the Loan Agreement. The lien
on and pledge of the Pledged Revenues securing the Bonds ranks on a parity with the
lien and pledge securing payment of the Parity Bonds, as defined in the Loan
Agreement, and ranks superior to the lien and pledge securing the SRF Loan, as
defined in the Loan Agreement.
This Bond may, at the option of the City, be prepaid prior to maturity in whole
but not in part on any scheduled date for payment of principal or interest at a
prepayment price (plus accrued interest to the date fixed for redemption) equal to the
principal amount thereof plus a premium of 1% of the principal amount prepaid.
Notice of prepayment will be given by the City as provided in the Loan
Agreement. All prepayments will cease to bear interest after the specified prepayment
date provided funds for prepayment have been tendered to the Lender.
2
AGENDA ITEM # 6A
DECEMBER 13, 2010
It is hereby certified and recited that all acts, conditions and things required to
exist, to happen and to be performed precedent to and in connection with the
issuance of this Bond exist, have happened and have been performed in regular and
due form and time as required by the laws and Constitution of the State of Florida
applicable thereto, and that the issuance of this Bond does not violate any
constitutional or statutory limitations or provisions.
3
AGENDA ITEM # 6A
DECEMBER 13, 2010
IN WITNESS WHEREOF, the City of Atlantic Beach, Florida, has issued this
Bond and has caused the same to be executed by the manual or facsimile signature of
its Mayor and attested by the manual or facsimile signature of its City Clerk, and its
official seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or
reproduced hereon, as of December 14, 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
By:
Mike Borno
Mayor
(SEAL)
ATTEST:
By:
Donna L. Bartle
City Clerk
4
AGENDA ITEM # 6A
DECEMBER 13, 2010
BOND DEBT SERVICE
4500 -CD- Bond -201013 - v 1
5
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 1
SOURCES AND USES OF FUNDS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Dated Date 12/14/2010
Delivery Date 12/14/2010
Sources:
Bond Proceeds:
Par Amount 690,000.00
Other Sources of Funds:
City Contribution (Sinking Fund) 13,628.74
703,628.74
Uses:
Refunding Escrow Deposits:
Cash Deposit 678,393.61
Cost of Issuance:
Bond Counsel 8,500.00
Financial Advisor 5,000.00
Bank Legal Fees 2,500.00
Miscellaneous 9,235.13
25,235.13
703,628.74
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 2
BOND SUMMARY STATISTICS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Dated Date 12/14/2010
Delivery Date 12/14/2010
Last Maturity 10/01/2025
Arbitrage Yield 3.680523%
True Interest Cost (TIC) 3.680523%
Net Interest Cost (NIC) 3.680017%
All -In TIC 4.217651%
Average Coupon 3.680017%
Average Life (years) 8.498
Duration of Issue (years) 7.122
Par Amount 690,000.00
Bond Proceeds 690,000.00
Total Interest 215,791.82
Net Interest 215,791.82
Total Debt Service 905,791.82
Maximum Annual Debt Service 62,578.92
Average Annual Debt Service 61,213.64
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average
Bond Component Value Price Coupon Life
Serial 690,000.00 100.000 3.680% 8.498
690,000.00 8.498
All -In Arbitrage
TIC TIC Yield
Par Value 690,000.00 690,000.00 690,000.00
• Accrued Interest
• Premium (Discount)
Underwriter's Discount
Cost of Issuance Expense - 25,235.13
Other Amounts
Target Value 690,000.00 664,764.87 690,000.00
Target Date 12/14/2010 12/14/2010 12/14/2010
Yield 3.680523% 4.217651% 3.680523%
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 3
SUMMARY OF REFUNDING RESULTS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Dated Date 12/14/2010
Delivery Date 12/14/2010
Arbitrage yield 3.680523%
Escrow yield
Bond Par Amount 690,000.00
True Interest Cost 3.680523%
Net Interest Cost 3.680017%
Average Coupon 3.680017%
Average Life 8.498
Par amount of refunded bonds 670,000.00
Average coupon of refunded bonds 5.500000%
Average life of refunded bonds 8.805
PV of prior debt to 12/14/2010 @ 3.680523% 765,460.79
Net PV Savings 61,832.05
Percentage savings of refunded bonds 9.228664%
Percentage savings of refunding bonds 8.961167%
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 4
SAVINGS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Refunding Present Value
Prior Debt Annual to 12/14/2010
Date Debt Service Service Savings Savings @ 3.6805231%
04/01/2011 18,425.00 7,513.25 10,911.75 10,794.11
10/01/2011 48,425.00 47,148.73 1,276.27 12,188.02 1,239.70
04/01/2012 17,600.00 12,062.71 5,537.29 5,281.42
10/01/2012 47,600.00 47,141.21 458.79 5,996.08 429.68
04/01/2013 16,775.00 11,385.99 5,389.01 4,955.91
10/01/2013 51,775.00 51,167.94 607.06 5,996.07 548.18
04/01/2014 15,812.50 10,657.15 5,155.35 4,571.23
10/01/2014 50,812.50 49,971.77 840.73 5,996.08 732.00
04/01/2015 14,850.00 9,936.82 4,913.18 4,200.48
10/01/2015 49,850.00 48,767.10 1,082.90 5,996.08 909.09
04/01/2016 13,887.50 9,250.64 4,636.86 3,822.27
10/01/2016 53,887.50 52,528.27 1,359.23 5,996.09 1,100.20
04/01/2017 12,787.50 8,431.17 4,356.33 3,462.41
10/01/2017 52,787.50 51,147.74 1,639.76 5,996.09 1,279.73
04/01/2018 11,687.50 7,648.19 4,039.31 3,095.47
10/01/2018 56,687.50 54,730.73 1,956.77 5,996.08 1,472.45
04/01/2019 10,450.00 6,785.02 3,664.98 2,708.02
10/01/2019 55,450.00 53,118.90 2,331.10 5,996.08 1,691.30
04/01/2020 9,212.50 5,951.80 3,260.70 2,323.02
10/01/2020 59,212.50 56,477.11 2,735.39 5,996.09 1,913.55
04/01/2021 7,837.50 5,008.38 2,829.12 1,943.36
10/01/2021 57,837.50 54,670.54 3,166.96 5,996.08 2,136.12
04/01/2022 6,462.50 4,097.60 2,364.90 1,566.30
10/01/2022 61,462.50 57,831.31 3,631.19 5,996.09 2,361.53
04/01/2023 4,950.00 3,112.02 1,837.98 1,173.72
10/01/2023 59,950.00 55,791.89 4,158.11 5,996.09 2,607.36
04/01/2024 3,437.50 2,151.58 1,285.92 791.77
10/01/2024 63,437.50 58,727.34 4,710.16 5,996.08 2,847.75
04/01/2025 1,787.50 1,107.54 679.96 403.67
10/01/2025 66,787.50 61,471.38 5,316.12 5,996.08 3,099.00
1,001,925.00 905,791.82 96,133.18 96,133.18 75,460.79
Savings Summary
PV of savings from cash flow 75,460.79
Less: Prior funds on hand - 13,628.74
Net PV Savings 61,832.05
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT Page 5
BOND DEBT SERVICE
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Period
Ending Principal Coupon Interest Debt Service
10/01/2011 34,417.95 3.680% 20,244.03 54,661.98
10/01/2012 35,078.50 3.680% 24,125.42 59,203.92
10/01/2013 39,719.39 3.680% 22,834.54 62,553.93
10/01/2014 39,256.06 3.680% 21,372.86 60,628.92
10/01/2015 38,775.68 3.680% 19,928.24 58,703.92
10/01/2016 43,277.63 3.680% 18,501.28 61,778.91
10/01/2017 42,670.24 3.680% 16,908.67 59,578.91
10/01/2018 47,040.51 3.680% 15,338.41 62,378.92
10/01/2019 46,296.60 3.680% 13,607.32 59,903.92
10/01/2020 50,525.31 3.680% 11,903.60 62,428.91
10/01/2021 49,634.65 3.680% 10,044.27 59,678.92
10/01/2022 53,711.20 3.680% 8,217.71 61,928.91
10/01/2023 52,662.77 3.680% 6,241.14 58,903.91
10/01/2024 56,575.76 3.680% 4,303.16 60,878.92
10/01/2025 60,357.75 3.680% 2,221.17 62,578.92
690,000.00 215,791.82 905,791.82
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dee 6, 2010 3:29 pm Prepared by D & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 6
BOND PRICING
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Maturity
Bond Component Date Amount Rate Yield Price
Serial:
10/01/2011 34,417.95 3.680% 3.680% 100.000
10/01/2012 35,078.50 3.680% 3.680% 100.000
10/01/2013 39,719.39 3.680% 3.680% 100.000
10/01/2014 39,256.06 3.680% 3.680% 100.000
10/01/2015 38,775.68 3.680% 3.680% 100.000
10/01/2016 43,277.63 3.680% 3.680% 100.000
10/01/2017 42,670.24 3.680% 3.680% 100.000
10/01/2018 47,040.51 3.680% 3.680% 100.000
10/01/2019 46,296.60 3.680% 3.680% 100.000
10/01/2020 50,525.31 3.680% 3.680% 100.000
10/01/2021 49,634.65 3.680% 3.680% 100.000
10/01/2022 53,711.20 3.680% 3.680% 100.000
10/01/2023 52,662.77 3.680% 3.680% 100.000
10/01/2024 56,575.76 3.680% 3.680% 100.000
10/01/2025 60,357.75 3.680% 3.680% 100.000
690,000.00
Dated Date 12/14/2010
Delivery Date 12/14/2010
First Coupon 04/01/2011
Par Amount 690,000.00
Original Issue Discount
Production 690,000.00 100.000000%
Underwriter's Discount
Purchase Price 690,000.00 100.000000%
Accrued Interest
Net Proceeds 690,000.00
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by D unlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 7
PRIOR BOND DEBT SERVICE
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Annual
Period Debt
Ending Principal Coupon Interest Debt Service Service
04/01/2011 18,425.00 18,425.00
10/01/2011 30,000 5.500% 18,425.00 48,425.00 66,850
04/01/2012 17,600.00 17,600.00
10/01/2012 30,000 5.500% 17,600.00 47,600.00 65,200
04/01/2013 16,775.00 16,775.00
10/01/2013 35,000 5.500% 16,775.00 51,775.00 68,550
04/01/2014 15,812.50 15,812.50
10/01/2014 35,000 5.500% 15,812.50 50,812.50 66,625
04/01/2015 14,850.00 14,850.00
10/01/2015 35,000 5.500% 14,850.00 49,850.00 64,700
04/01/2016 13,887.50 13,887.50
10/01/2016 40,000 5.500% 13,887.50 53,887.50 67,775
04/01/2017 12,787.50 12,787.50
10/01/2017 40,000 5.500% 12,787.50 52,787.50 65,575
04/01/2018 11,687.50 11,687.50
10/01/2018 45,000 5.500% 11,687.50 56,687.50 68,375
04/01/2019 10,450.00 10,450.00
10/01/2019 45,000 5.500% 10,450.00 55,450.00 65,900
04/01/2020 9,212.50 9,212.50
10/01/2020 50,000 5.500% 9,212.50 59,212.50 68,425
04/01/2021 7,837.50 7,837.50
10/01/2021 50,000 5.500% 7,837.50 57,837.50 65,675
04/01/2022 6,462.50 6,462.50
10/01/2022 55,000 5.500% 6,462.50 61,462.50 67,925
04/01/2023 4,950.00 4,950.00
10/01/2023 55,000 5.500% 4,950.00 59,950.00 64,900
04/01/2024 3,437.50 3,437.50
10/01/2024 60,000 5.500% 3,437.50 63,437.50 66,875
04/01/2025 1,787.50 1,787.50
10/01/2025 65,000 5.500% 1,787.50 66,787.50 68,575
670,000 331,925.00 1,001,925.00 1,001,925
AGENDA ITEM # 6A
DECEMBER 13, 2010
De 6, 2010 3: p m Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 8
SUMMARY OF BONDS REFUNDED
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Maturity Interest Par Call Call
Bond Date Rate Amount Date Price
Utilities System Revenue Bonds, Series 1996, 1996:
SERIAL 10/01/2011 5.500% 30,000.00 12/23/2010 100.000
10/01/2012 5.500% 30,000.00 12/23/2010 100.000
10/01/2013 5.500% 35,000.00 12/23/2010 100.000
10/01/2014 5.500% 35,000.00 12/23/2010 100.000
10/01/2015 5.500% 35,000.00 12/23/2010 100.000
10/01/2016 5.500% 40,000.00 12/23/2010 100.000
10/01/2017 5.500% 40,000.00 12/23/2010 100.000
10/01/2018 5.500% 45,000.00 12/23/2010 100.000
10/01/2019 5.500% 45,000.00 12/23/2010 100.000
10/01/2020 5.500% 50,000.00 12/23/2010 100.000
10/01/2021 5.500% 50,000.00 12/23/2010 100.000
10/01/2022 5.500% 55,000.00 12/23/2010 100.000
10/01/2023 5.500% 55,000.00 12/23/2010 100.000
10/01/2024 5.500% 60,000.00 12/23/2010 100.000
10/01/2025 5.500% 65,000.00 12/23/2010 100.000
670,000.00
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 p m Pr epa r ed by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 9
ESCROW REQUIREMENTS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Period Principal
Ending Interest Redeemed Total
12/23/2010 8,393.61 670,000.00 678,393.61
8,393.61 670,000.00 678,393.61
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 10
ESCROW COST
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Purchase Cost of Cash Total
Date Securities Deposit Escrow Cost
12/14/2010 678,393.61 678,393.61
0 678,393.61 678,393.61
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by D u n lap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 11
ESCROW SUFFICIENCY
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Escrow Net Escrow Excess Excess
Date Requirement Receipts Receipts Balance
12/14/2010 678,393.61 678,393.61 678,393.61
12/23/2010 678,393.61 - 678,393.61
678,393.61 678,393.61 0.00
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 12
ESCROW STATISTICS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Modified Yield to Yield to Perfect Value of
Total Duration Receipt Disbursement Escrow Negative Cost of
Escrow Cost (years) Date Date Cost Arbitrage Dead Time
Global Proceeds Escrow:
678,393.61 678,393.61
678,393.61 678,393.61 0.00 0.00
Delivery date 12/14/2010
Arbitrage yield 3.680523%
AGENDA ITEM # 6A
DECEMBER 13, 2010
D 6, 2 3:2 p m Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 13
FORM 8038 STATISTICS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Dated Date 12/14/2010
Delivery Date 12/14/2010
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Serial:
10/01/2011 34,417.95 3.680% 100.000 34,417.95 34,417.95
10/01/2012 35,078.50 3.680% 100.000 35,078.50 35,078.50
10/01/2013 39,719.39 3.680% 100.000 39,719.39 39,719.39
10/01/2014 39,256.06 3.680% 100.000 39,256.06 39,256.06
10/01/2015 38,775.68 3.680% 100.000 38,775.68 38,775.68
10/01/2016 43,277.63 3.680% 100.000 43,277.63 43,277.63
10/01/2017 42,670.24 3.680% 100.000 42,670.24 42,670.24
10/01/2018 47,040.51 3.680% 100.000 47,040.51 47,040.51
10/01/2019 46,296.60 3.680% 100.000 46,296.60 46,296.60
10/01/2020 50,525.31 3.680% 100.000 50,525.31 50,525.31
10/01/2021 49,634.65 3.680% 100.000 49,634.65 49,634.65
10/01/2022 53,711.20 3.680% 100.000 53,711.20 53,711.20
10/01/2023 52,662.77 3.680% 100.000 52,662.77 52,662.77
10/01/2024 56,575.76 3.680% 100.000 56,575.76 56,575.76
10/01/2025 60,357.75 3.680% 100.000 60,357.75 60,357.75
690,000.00 690,000.00 690,000.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 10/01/2025 3.680% 60,357.75 60,357.75
Entire Issue 690,000.00 690,000.00 8.4984 3.6805%
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs (including underwriters' discount) 25,235.13
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
Proceeds used to currently refund prior issues 678,393.61
Proceeds used to advance refund prior issues 0.00
Remaining weighted average maturity of the bonds to be currently refunded 8.8047
Remaining weighted average maturity of the bonds to be advance refunded 0.0000
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 14
FORM 8038 STATISTICS
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Refunded Bonds
Bond
Component Date Principal Coupon Price Issue Price
Utilities System Revenue Bonds, Series 1996:
SERIAL 10/01/2011 30,000.00 5.500% 100.000 30,000.00
SERIAL 10/01/2012 30,000.00 5.500% 100.000 30,000.00
SERIAL 10/01/2013 35,000.00 5.500% 100.000 35,000.00
SERIAL 10/01/2014 35,000.00 5.500% 100.000 35,000.00
SERIAL 10/01/2015 35,000.00 5.500% 100.000 35,000.00
SERIAL 10/01/2016 40,000.00 5.500% 100.000 40,000.00
SERIAL 10/01/2017 40,000.00 5.500% 100.000 40,000.00
SERIAL 10/01/2018 45,000.00 5.500% 100.000 45,000.00
SERIAL 10/01/2019 45,000.00 5.500% 100.000 45,000.00
SERIAL 10/01/2020 50,000.00 5.500% 100.000 50,000.00
SERIAL 10/01/2021 50,000.00 5.500% 100.000 50,000.00
SERIAL 10/01/2022 55,000.00 5.500% 100.000 55,000.00
SERIAL 10/01/2023 55,000.00 5.500% 100.000 55,000.00
SERIAL 10/01/2024 60,000.00 5.500% 100.000 60,000.00
SERIAL 10/01/2025 65,000.00 5.500% 100.000 65,000.00
670,000.00 670,000.00
Remaining
Last Weighted
Call Issue Average
Date Date Maturity
Utilities System Revenue Bonds, Series 1996 12/23/2010 10/01/1996 8.8047
All Refunded Issues 12/23/2010 8.8047
AGENDA ITEM # 6A
DECEMBER 13, 2010
Dec 6, 2010 3:29 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH :UTILITY- 96BBT23,96BBT23) Page 15
NET DEBT SERVICE
City of Atlantic Beach, Florida
Utilities System Ref. Bonds, Series 2010B
Refund Portion of Series 1996
BB &T
3.68%
Final Numbers
Total Net
Date Debt Service Debt Service
04/01/2011 7,513.25 7,513.25
10/01/2011 47,148.73 47,148.73
04/01/2012 12, 062.71 12,062.71
10/01/2012 47,141.21 47,141.21
04/01/2013 11,385.99 11,385.99
10/01/2013 51,167.94 51,167.94
04/01/2014 10,657.15 10, 657.15
10/01/2014 49,971.77 49,971.77
04/01/2015 9,936.82 9,936.82
10/01/2015 48,767.10 48,767.10
04/01/2016 9,250.64 9,250.64
10/01/2016 52,528.27 52,528.27
04/01/2017 8,431.17 8,431.17
10/01/2017 51,147.74 51,147.74
04/01/2018 7,648.19 7,648.19
10/01/2018 54,730.73 54,730.73
04/01/2019 6,785.02 6,785.02
10/01/2019 53,118.90 53,118.90
04/01/2020 5,951.80 5,951.80
10/01/2020 56,477.11 56,477.11
04/01/2021 5,008.38 5,008.38
10/01/2021 54,670.54 54,670.54
04/01/2022 4,097.60 4,097.60
10/01/2022 57,831.31 57,831.31
04/01/2023 3,112.02 3,112.02
10/01/2023 55,791.89 55,791.89
04/01/2024 2,151.58 2,151.58
10/01/2024 58,727.34 58,727.34
04/01/2025 1,107.54 1,107.54
10/01/2025 61,471.38 61,471.38
905,791.82 905,791.82
AGENDA ITEM # 6B
DECEMBER ]3, 20I0
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: RESOLUTION NO. 10 -16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE
NO. 15- 10 -12; AUTHORIZING THE ISSUANCE OF $892,560
UTILITIES SYSTEM REVENUE BONDS, SERIES 201OA -1 AND
$9,137,440 UTILITIES SYSTEM SUBORDINATED REVENUE
BONDS, SERIES 2010A -2; AUTHORIZING AWARD OF THE
BONDS TO SUNTRUST BANK FOLLOWING SOLICITATION OF
COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE
DATE.
DATE: December 6, 2010
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: During the Budget Process, the City determined that borrowing funds to
comply with the TMDL requirements was the only way to fund the project. The City
has now taken bids to obtain the lowest interest rate on a loan that may be prepaid
without penalty and is amortized over twenty years. It is our intention and
expectation that the project will qualify for State Revolving Funds and that we will be
refunding the allowable portions of the debt with a considerable lower interest rate
once approved. This loan will pay for the sewer main, the plant upgrades and the
-- design costs for both. Those design costs were originally funded with General Fund
monies and will be repaid with these proceeds. This Resolution along with Ordinance
15 -10 -12 authorizes the City to incur debt as required by our charter. The loan is not
to exceed $10,100,000.
Subject and pursuant to the provisions of this resolution, the City is authorized to
incur a Loan and to issue the Bonds in evidence thereof, upon substantially the terms
of the Loan Agreement attached hereto as Exhibit A. All of the terms and covenants
contained in the Loan Agreement are incorporated herein by reference. The Bond
Ordinance and the Loan Agreement, upon the funding of the Loan and the issuance of
the Bonds, shall constitute a contract between the City and the Lender.
ATTACHMENTS: RESOLUTION NO. 10 -16 and Exhibits.
RECOMMENDATION: Approve Resolution No. 10 -16
CITY MANAGER APPROVAL:
AGENDA ITEM # 6B
DECEMBER 13, 2010
RESOLUTION NO. 10 -16
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA; SUPPLEMENTING ORDINANCE
NO. 15- 10 -11; AUTHORIZING THE ISSUANCE OF $892,560
UTILITIES SYSTEM REVENUE BONDS, SERIES 201OA -1 AND
$9,137,440 UTILITIES SYSTEM SUBORDINATED REVENUE
BONDS, SERIES 2010A -2; AUTHORIZING AWARD OF THE
BONDS TO SUNTRUST BANK FOLLOWING SOLICITATION OF
COMPETITIVE PROPOSALS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the
"City ") has determined to finance the costs of sewer and plant upgrades to the City's
utility system (the "Project ") and has enacted Ordinance No. 15 -10 -11 (the
"Ordinance ") for such purpose; and;
WHEREAS, the City has received competitive proposals from area financial
institutions and has received a recommendation of its financial advisor to accept the
proposal of SunTrust Bank (the "Bank ") as in the best interest of the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. AUTHORITY FOR THIS RESOLUTION. This resolution is
adopted pursuant to the provisions of the Act, as defined in the Loan Agreement, and
is supplemental to the Ordinance.
Section 2. DEFINITIONS. All terms in this resolution shall have the
meanings as defined in the Loan Agreement.
Section 3. SALE OF BONDS.
(A) Findings The City reaffirms its prior findings that in accordance
with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated sale of the
Bonds is in the best interest of the City because of the small size of the issue, the
uncertainty of the bond market for issues of this type, and the flexibility available in
structuring the Bonds and their terms.
(B) The City has solicited proposals for purchase of the Bonds from
area commercial banks and has determined that the proposal of the Bank, dated
November 22, 2010 and attached hereto as Exhibit A, is the best proposal. Following
evaluation of the responses received and negotiation with the offeror of the proposal
most advantageous to the City, the City hereby authorizes and sells the Bonds to the
Bank, upon the marketing terms of the Bonds, including but not limited to interest
rate, interest payment dates, maturity dates and amounts, and terms of prepayment,
as set forth in the revised form of Loan Agreement attached hereto as Exhibit B, with
such modifications to the terms of the Loan Agreement as are set forth therein. The
Bonds shall be issued in substantially the forms set forth in Exhibit C -1 and C -2
hereto.
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AGENDA ITEM # 6B
DECEMBER 13, 2010
Section 4. NECESSARY ACTION. The Mayor or Mayor Pro Tempore and the
City Clerk or Deputy Clerk of the City are authorized and directed to execute and
deliver the Loan Agreement and the Bonds substantially in the forms attached, upon
payment of the purchase price without further authority from the City Commission.
The Mayor or Mayor Pro Tempore and City Clerk or Deputy Clerk and City Manager
are designated as the agents of the City in connection with the issuance and delivery
of the Bonds and are authorized and empowered to take all actions and steps to
execute and deliver any and all instruments, documents or contracts on behalf of the
City which are necessary or desirable in connection with the execution and delivery of
the Loan Agreement and the Bonds, and which are not inconsistent with the terms
and provisions of the Ordinance, this Resolution and the Loan Agreement.
Section 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach,
Florida at a regular meeting duly called and held this _ day of , 2010.
CITY OF ATLANTIC BEACH, FLORIDA
By:
Mike Borno
Mayor
Approved as to form, sufficiency
And correctness:
By:
Alan C. Jensen
City Attorney
ATTEST:
By:
Donna L. Bartle
City Clerk
LFM- 12/3/2010 -9:09 AM- 4499 -R -AWARD - v1
2
AGENDA ITEM # 6B
DECEMBER 13, 2010
EXHIBITS
TO
RESOLUTION
Exhibit A - November 22, 2010 Proposal of SunTrust Bank
Exhibit B - Loan Agreement
Exhibit C - Bond Form
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AGENDA ITEM # 6B
DECEMBER I3, 2010
Proposal to
City of Atlantic Beach Florida
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
1
City of Atlantic Beach, Florida AGENDA ITEM # 6B
Variable Tax- Exempt Subordinated Utility Revenue Note, Series 2010A DECEMBER 13, 2010
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
Proposal for
City of Atlantic Beach, Florida
I. History of SunTrust
SunTrust backs its relationships with nearly two centuries of commitment that dates back to
its 1811 start in Virginia. SunTrust is a publicly- traded company with assets of over $174.7
billion as of September 30, 2010. SunTrust is ranked the 8th largest Commercial Bank in the
United States by total deposits and as of November 16, 2010, maintains:
• Senior Long -Term Debt Ratings of A3 (Moody's) and BBB+ (S &P), and Short-Term
Ratings of P -2 (Moody's) and A -2 (S &P) with stable outlooks.
• Equity Market Capitalization of $11.648 billion.
• Tier 1 Common Equity - 7.92 %, Tier 1 Capital - 13.51% and Total Capital of 16.96 %.
• Over 28,000 employees with 1670 branches and 2928 ATM's in 11 states in the Mid -
Atlantic and Southeastern United States.
Additional information about SunTrust can be accessed through the corporate website:
https://www.suntrust.com/poltal/server.pt/communily/ii-ivestor relations /959
H. Past Record of Experience and Professional Accomplishments
SunTrust's Not - for - Profit & Government segment focusing on educational facilities,
governmental bodies and non - profit entities. NFP &G operates across the SunTrust footprint
from the greater Washington D.C. area to Miami. With close to 5,000 clients and
approximately 45 dedicated and experienced professionals, we are committed to building long
lasting relationships with our clients as they continue their successful growth.
Banking Proposal
1. Provider:
SunTrust Bank
76 South Laura Street, Suite 20
Jacksonville, Florida 32202
Principal Contact Information:
Lisa Hayes Phone: 904 - 632 -2599
Senior Vice President Facsimile: 904 - 632 -2780
SunTrust Bank
76 South Laura Street, Suite 20
Jacksonville, Florida 32202
Lisa.Hayes a SunTrust.com
2. Interest Rates:
City of Atlantic Beach, Florida AGENDA ITEM # 10
DECEMBER 13, 2010
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
$892,560 Fixed Rate Tax - Exempt Parity Utility Revenue Bonds, Series 201OA:
Fixed interest rate provided includes a 45 -day lock.
Interest Rate Quotes — November 22, 2010
Fixed Interest Rates NOT Subject to Prepayment Penalty:
Amortization Term, BQ Rate
Bank Qualified 15 years 15 years 3.59%
Bank Loan
$9,137,440 Variable Rate Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
r
Amortization. Term: , BQ Rate::.:
Bank Qualified 20 years Up to 5- 67% (one
Bank Loan year put month
LIBOR +
3.75 %), as
adjusted
As of November 22, 2010, the variable rate about approximate 2.68%
3. Fees and Expenses:
Legal fees shall be for the account of the Issuer and shall be capped at $4,000. We propose
using the following Bank Counsel for review of documentation:
Warren Bloom/Rhonda Bond - Collins
Greenberg, Traurig, LLP
450 S. Orange Avenue
Suite 650
Orlando, Florida 32801
bond- collinsrkgtlaw. com
Phone: (407) 418 -2437
Facsimile: (407) 650 -8465
4. The Bank has provided the County with interest rate options that provide for
prepayment without penalty. If preferred, Bank can provide a fixed rate portion on Facility B
to include standard make -whole language for early repayment of principal. The standard
make -whole language is outlined below:
Prepayment Language
Should the County elect an interest rate subject to prepayment penalty, the following
prepayment penalty language shall be used:
AGENDA ITEM # 613
City of Atlantic Beach, Florida DECEMBER I3, 2010
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
The fee shall be equal to the present value of the difference between (1) the amount that would
have been realized by SunTrust on the prepaid amount for the remaining term of the loan at the
Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest rate swaps for a
term corresponding to the term of the Note, interpolated to the nearest month, if necessary, that
was in effect three Business Days prior to the origination date of the Note and (2) the amount
that would be realized by SunTrust by reinvesting such prepaid funds for the remaining term of
the loan at the Federal Reserve H.15 Statistical Release rate for fixed -rate payers in interest
rate swaps, interpolated to the nearest month, that was in effect three Business Days prior to
the loan repayment date; both discounted at the same interest rate utilized in determining the
applicable amount in (2). Should the present value have no value or a negative value, the
Borrower may repay with no additional fee. Should the Federal Reserve no longer release rates
for fixed -rate payers in interest rate swaps, SunTrust may substitute the Federal Reserve H.15
Statistical Release with another similar index. SunTrust shall provide the Borrower with a
written statement explaining the calculation of the premium due, which statement shall, in
absence of manifest error, be conclusive and binding.
5. See Annex 1 for Conditions —
In summary, bonds shall be issued as outlined in existing Utilities System Revenue
Bond Resolution.
SUMMARY TERMS AND CONDITIONS — ANNEX 1
November 22, 2010
AGENDA ITEM # 613
DECEMBER 13, 2010
City of Atlantic Beach, Florida
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
Borrower: City of Atlantic Beach, Florida Utilities System (the `Borrower') below:
Lender: SunTrust Bank (the "Bank ")
Facility: A. Variable Rate Non - Revolving Line of Credit through
conversion to term phase to commence on December 1, 2011, concurrent
with the initial principal payment.
B. A term loan in a single drawdown on the closing date
(the "Term
Loan ")
Loan Amount: A. Up to $9,137,440
B. Up to $892,560
Purpose: Finance various improvements to the City's Utility System.
Maturity Date: A. 5 year put
B. 15 years
Interest Rate: A. Variable Rate Tax - Exempt Bank Qualified Rate:
67% (one month LIBOR + 3.75 %), as adjusted.
B. Tax - exempt Bank Qualified Fixed Interest Rate
Loan Tenn Amortization Prepayment Amount Rate Type Rate
Option
B 15 years No penalty $892,560 BQ 3.59%
The rates quoted above:
1. Are based on a 30/360 day year
2. May be repaid at any time without penalty
3. Have been locked in for a 45 -day period from November 22, 2010
Repayments: Interest:
Interest shall be payable semi - annually.
Principal:
5
AGENDA ITEM # 6B
DECEMBER 13, 2010
City of Atlantic Beach, Florida
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
Variable payment schedule with annual installments of principal plus
accrued interest to approximate a level payment schedule based on
prevailing interest rate and underlying amortization. Initial principal
payment shall be on December 1, 2011. A final payment of unpaid
principal and interest shall be due at maturity.
Security: A. Subordinate lien on (i) the Net Revenues derived from the
Utility System; (ii) Capital Facilities Charges, (iii) the money on deposit
in certain Funds and Account establish pursuant to the Bond Ordinance,
and (iv) certain Investment Earnings (all known as the "Pledged
Revenues ").
B. Series 2010A Bonds will be issued as parity debt with the Utility
Revenue Refunding Bonds, Series 2004 secured by water and sewer
utility - pledge of and lien on (i) the Net Revenues derived from the
Utility System; (ii) Capital Facilities Charges, (iii) the money on deposit
in certain Funds and Account establish pursuant to the Bond Ordinance,
and (iv) certain Investment Earnings (all known as the "Pledged
Revenues ").
Conditions: 1. Rate covenant and additional bonds test pursuant to Utilities System
Revenue Bond Resolution at minimum coverage of lx (A)
2. Rate covenant and additional bonds test pursuant to existing Utilities
System Revenue Bond Resolution (B)
3. Submission to SunTrust —Project Authorization for
Reimbursement
issued November 2010 (A)
4. Submission of Certified Coverage Test by Auditor that DSC of
1.1ox
shall be in compliance for senior debt and 1.Ox for senior plus
subordinated debt.
Representations
and Warranties: Usual and customary for the Bank in transactions of this type
Affirmative
Covenants: Usual and customary for Bank in transactions of this type, including
without limitation: (i) delivery of updated financial information, including
but not limited to current financial statements in form satisfactory to
6
AGENDA ITEM # 6B
DECEMBER 13, 2010
City of Atlantic Beach, Florida
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
SunTrust and other additional information, reports or schedules (financial
or otherwise), all as the Bank may request
The tax - exempt interest rates quoted herein take into consideration a
corporate tax rate of 35 %. In the event of a change in the maximum
corporate tax rate, the Bank shall have the right to adjust the interest rate
in order to maintain the same after tax yield.
The Bank shall have the right to adjust the tax- exempt interest rate in
order to maintain the same after tax yield if any amendments to existing
law are enacted which would adversely affect the Bank's after tax yield
including any "determination of taxability" as will be defined in the loan
documentation.
Negative
Covenants: Usual and customary of Bank in transactions of this type, including
without limitation restrictions on liens, additional indebtedness and
dividend payments if an event of default exists
Events of
Default: Usual and customary for Bank in transactions of this type, including
without limitation: (i) failure to pay principal when due; failure to pay any
amount owed under the loan documents, (ii) breach of any covenants, (iii)
the breach of any representation or warranty, (iv) cross - default to any
other agreement in connection with the Facility and any other
indebtedness to the Bank (including any hedging agreement executed with
the Bank), (v) failure to pay any amount owed to any creditor other than
Bank under a written agreement calling for payment of money, (vi)
bankruptcy or insolvency (whether voluntary or involuntary) of any
Obligor, (vii) death, declaration of incompetency, dissolution, liquidation,
merger, consolidation, termination or suspension of business of any
Obligor; (viii) a change in control affecting any Obligor, (ix) a
determination by Bank of the occurrence of a material adverse change in
the financial condition of any Obligor, (x) if secured, any impairment or
deterioration of the value of any collateral; (xi) the sale of all or
substantially all of the assets of any Obligor other than in the ordinary
course of business; (xii) any other act or circumstance that makes Bank
insecure.
Conditions
7
AGENDA ITEM # 6B
DECEMBER I3, 2010
City of Atlantic Beach, Florida
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
Precedent: The making of the initial loan will be subject to the following conditions:
(i) the execution and delivery of definitive loan documentation acceptable
to the Bank and the Borrower; (ii) the delivery of certified copies of
organizational documents (including bylaws), authorizing resolutions of
board of directors, and incumbency certificate for the Borrower; (iii) the
delivery of good standing certificates issued by the secretary of state of the
jurisdiction of incorporation of the Borrower is qualified to do business;
(iv) no material adverse change in the business, results of operations,
prospects, properties or financial condition of the Borrower or of the
Borrower since September 30,
2009; and (v) delivery of a favorable opinion of counsel for the Borrower
in form and content satisfactory to the Bank in tax - exempt financings of
this nature.
The making of each loan shall be subject to accuracy of representations
and warranties as of the date of such loan and no event of default or
incipient
default under the Facility shall have occurred and be continuing as of the
date of such loan or would result from the making of such loan.
Expenses and
Indemnification: The borrower will pay all reasonable costs and expenses of the Bank
including, without limitation, the reasonable fees, charges and
disbursements
of the Bank's counsel (including in -house counsel) in connection with the
preparation, administration and enforcement of all documentation
executed in
connection with the Facilities.
It is proposed the following Bank counsel be used:
Warren Bloom/Rhonda Bond - Collins
Greenberg, Traurig, LLP
450 S. Orange Avenue
Suite 650
Orlando, FL 32801
Legal costs for review of documents shall be capped at $4,000 for
account of the Issuer.
8
AGENDA ITEM # 613
DECEMBER 13, 2010
City of Atlantic Beach, Florida
Variable Tax - Exempt Subordinated Utility Revenue Note, Series 2010A
Fixed Rate Parity Utility Revenue Bonds, Series 2010A
November 22, 2010
Governing Law and
Jurisdiction: State of Florida
This Summary of Terms is intended as an outline of certain material terms of the Facility
and does not purport to describe all of the terms and conditions, representations and
warranties, covenants and other provisions that could be contained in the definitive loan
documentation relating to the Facility.
9
AGENDA ITEM # 613
DECEMBER 13, 2010
EXHIBIT B
TO
RESOLUTION
LOAN AGREEMENT
between
CITY OF ATLANTIC BEACH, FLORIDA
and
SUNTRUST BANK
Dated as of December 14, 2010
$892,560
UTILITIES SYSTEM REVENUE BONDS
SERIES 2010A -1
and
$9,137,440
UTILITIES SYSTEM SUBORDINATED REVENUE BONDS
SERIES 2010A -2
AGENDA ITEM # 6B
DECEMBER 13, 2010
LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement "), dated as of December 14, 2010,
by and between the CITY OF ATLANTIC BEACH, FLORIDA (the "City "), a municipal
corporation under the laws of the State of Florida, and SUNTRUST BANK,
Jacksonville, Florida (the "Lender "),
WITNESSETH:
WHEREAS, the City has, by adoption of Ordinance No. 15 -10 -11 (the
"Ordinance ") on December 13, 2010, authorized the financing of the Project by a loan
(the "Loan") in the amount of $10,030,000 from the Lender; and
WHEREAS, the City has, by ,Resolution No. 10 -16, adopted on December 13,
2010 (the "Resolution ") determined to obtain the Loan from the Lender;
NOW THEREFORE, in consideration of the premises and the respective
representations and covenants herein contained, the parties hereto agree as follows:
Section 1. Definitions. All terms defined in the Original Ordinance shall
have the same meaning herein, unless the context otherwise expressly requires. The
following terms in this Agreement shall have the following meanings, unless the
context otherwise expressly requires:
"Act" means Chapter 166, Florida Statutes, the Original Ordinance and other
applicable provisions of law.
"Bond Ordinance" shall mean the Ordinance, as supplemented by the
Resolution.
"Bonds" means:
(a) the City's $892,560 Utilities System Revenue Bonds, Series 2010A -1,
issuable in the denomination of a single Bond of $892,560 principal amount (the
"2010A -1 Bond "); and
(b) the City's $9,737,440 Utilities System Subordinated Revenue Bonds,
Series 2010A -2, issuable in the denomination of a single Bond of $9,137,440 principal
amount (the "2010A -2 Bond ") .
"City" means the City of Atlantic Beach, Florida
"Code" means the Internal Revenue Code of 1986, as amended.
"County" means Duval County, a political subdivision of the State of Florida.
"Loan" means the loan agreed to be made to the City by the Lender pursuant to
Section 3 below.
"Original Ordinance" shall mean Ordinance No. 15 -95 -7 enacted by the City
Commission on November 13, 1995, as amended and supplemented.
LFM- 12/6/2010 -8:17 AM- 4499 -LA - 2010A -1 - v2
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'PON
AGENDA ITEM # 6B
DECEMBER 13, 2010
(2) The portion of the Loan evidenced by the 201OA -2 Bond shall bear
interest at a variable rate of interest equal to 67% of the sum of. (a) 3.75% plus (b)
the one -month LIBOR rate published from time to time. The City and the Bank
acknowledge that the principal amortization schedule attached to the 201OA -2 Bond
has been established to provide substantially equal debt service payments in each
Fiscal Year over the term of the Loan. The City and the Bank may from time to time
mutually agree to a different principal amortization schedule to be attached to the
201OA -2 Bond evidenced by the manual signature of an authorized representative of
each party, to again provide substantially equal debt service payments in each Fiscal
Year, in the event that the interest rate changes so as to create substantially uneven
debt service payments over the remaining term of the Loan.
D. The Bank shall have the right to demand payment of all remaining
principal of and accrued interest to the Put Date on the 201OA -2 Bond, on December
14, 2015 (the "Put Date "), upon [ninety (90)] days prior written notice to the City.
Section 4. Terms and Covenants of Prior Ordinances Apply. (a) Except as
provided in (c) below, all of the terms and covenants of Article I, Article II, Article III,
Article V, except Section 5.04 thereof relating to continuing disclosure, and Article VI
of Ordinance No. 15 -96 -8, as amended, are incorporated by reference herein and shall
apply to the Loan for the benefit of the Lender as fully as if set out herein.
(b) Upon issuance of the 201OA -1 Bond, and the funding of the portion of
the Loan described in Section 3(a) above, the City agrees to demonstrate compliance
with the requirements of the Original Ordinance for the issuance of Additional Parity
Bonds. The 201OA -1 Bond shall be an Additional Parity Bond for all purposes of the
Original Ordinance and shall be a Senior Revenue Obligation for all purposes of the
SRF Loan Agreement.
(c) Notwithstanding the general application of (a) above to the 201OA -2
Bond, and the portion of the Loan evidenced thereby:
(1) The lien on and pledge of the Pledged Revenues securing payment
of the 201OA -2 Bond shall rank junior and subordinate to the liens on and pledges
thereof securing payment of the Parity Bonds and the SRF Loan.
(2) In lieu of subsection 5.01(A) (1) or (2) of Ordinance 15 -96 -8, the
Rate Covenant, the following shall be substituted: "(1) Net Revenues equal to one
hundred percent (100 %) of the Debt Service Requirement on the Parity Bonds and the
Semiannual Loan Payments on the SRF Loan becoming due in each Fiscal Year plus
one hundred percent (100 %) of the principal and interest becoming due in such Fiscal
Year on the 201OA -2 Bond."
(3) Gross Revenues under the Original Ordinance shall be deposited
into a Bond Fund, hereby created and established, monthly in accordance with
Section 3.03(C)(7) of Ordinance 15 -96 -8, but only after providing for payment of the
SRF Loan in accordance with the SRF Loan Agreement. Such deposits shall be in the
amount of 1/ 12 of the principal amount of the 2010A -2 Bond next coming due, plus a
sufficient amount for interest such that, assuming the then - current interest rate on
the 201OA -2 Bond continues until the next interest payment date, the remaining
monthly deposits for interest, calculated by dividing the total amount remaining
LFM- 12/6/2010 -8:17 AM- 4500 -LA - 2010A -1 - v2
3
AGENDA ITEM # 613
DECEMBER 13, 2010
undeposited by the number of remaining monthly deposits, is the same as the total
interest due on the next interest payment date divided by six (6). Money in the Bond
Fund may be invested and reinvested as provided in Section 3.03(H) of Ordinance 15-
96-8 for money in the Sinking Fund thereunder.
Section 5. Prepayment. The Bonds shall be prepayable before maturity in
whole, or in part, on any scheduled date for payment of principal or interest, at a
price of par plus accrued interest to the date of prepayment and without premium.
The City shall give the Bank five (5) days' prior written notice of its intention to prepay
the Bonds.
Section 6. Additional Debt. The City may issue Additional Parity Bonds
under the Original Ordinance and additional debt obligations under Section 7.02 of
the SRF Loan Agreement without consent of the Lender, but shall not issue any other
debt obligations payable from Pledged Revenues without the prior written consent of
the Lender.
Section 7. Application of Loan Proceeds. The proceeds of the 2010A -1
Bond shall be paid to the City in the principal amount thereof upon issuance of the
201 OA -1 Bond. The proceeds of the 201 OA -2 Bond shall be paid to the City upon
submission of one or more written draw requests by the City delivered to the Lender
from time to time, not to exceed in the aggregate the principal amount of the 2010A -2
Bond. From the proceeds of the 201 OA -1 Bond, $ shall be deposited into
the Reserve Account under the Original Ordinance. All other proceeds received from
the Loan shall be deposited in a Project Fund to be separately accounted for, and
shall be applied by the City for payment of costs of the Project. Costs of the Project
shall include, but not be limited to, payment of costs of issuance of the Bonds and
reimbursement for other funds of the City advanced for payment of costs of the
Project prior to the date hereof. Pending such expenditure, the proceeds of the Loan
shall be invested in lawful investments for the City maturing at or prior to the times
when such funds will be needed. The earnings thereon shall be available only for the
purposes of the Loan until the Project is completed and thereafter such earnings and
any unspent loan proceeds shall be applied to (1) prepayment of the Loan or (2) such
other project as the City Commission shall approve with an approving opinion of bond
counsel stating that such purpose constitutes a lawful use of bond proceeds and will
not adversely affect the exclusion of interest on the Bonds from gross income for
federal income tax purposes. The Lender shall have a lien on the money in the Project
Fund until spent as provided herein.
Section 8. Waiver of Jury Trial. WITH RESPECT TO ANY SUIT OR ACTION
BETWEEN THE CITY AND THE LENDER RELATING TO THE LOAN, OR THIS LOAN
AGREEMENT, THE CITY AND THE LENDER EACH EXPRESSLY WAIVES ANY RIGHT
TO A JURY TRIAL, AND AGREES THAT THE EXCLUSIVE VENUE FOR ANY SUCH
SUIT OR ACTION SHALL BE DUVAL COUNTY, FLORIDA.
Section 9. Notices. All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given when hand delivered
or mailed by registered or certified mail, postage prepaid, to the parties at the
following addresses:
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4
AGENDA ITEM # 6B
DECEMBER 13, 2010
Notice Addresses
As to the City: Nelson Van Liere
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233 -5445
(904) 247 -5807
As to the Lender: Lisa Hayes
Senior Vice President
SunTrust Bank
76 South Laura Street, Suite 20
Jacksonville, Florida 32202
(904) 632 -2599
(904) 632 - 2780 /FAX
Any of the above parties may, by notice in writing given to the others, designate
any further or different addresses to which subsequent notices, certificates or other
communications shall be sent. Communication to the Lender via telecopier shall be
confirmed by delivery of a hard copy thereof to the Lender not later than two (2)
Business Days after such communication by telecopier.
Section 10. Qualified Tax - Exempt Obligation. The City hereby represents
and finds that it reasonably anticipates not more than $30,000,000 of tax- exempt
obligations (other than certain private activity bonds) will be issued by the City and its
subordinate governmental entities in calendar year 2010. The City hereby directs it
Mayor to recertify these representations upon issuance of the Bonds, and the Bonds
are hereby designated as "qualified tax- exempt obligations" under Section 265(b)(3) of
the Code. For purposes of this certification, the City reasonably expects to draw more
than $50,000 from the proceeds of the 201OA -2 Bond on or prior to December 31,
2010, and assumes that all future draws thereafter will be deemed to occur in
calendar year 2010.
Section 11. No Recourse. No recourse shall be had for the payment of the
principal of and interest on the Bonds or for any claim based on the Bonds or on this
Agreement, against any present or former member or officer of the City Commission or
any person executing the Bonds.
Section 12. Amendments, Changes and Modifications. This Agreement may
be amended by written agreement of the City and the Lender.
Section 13. Binding Effect.' To the extent provided herein, this Agreement
shall be binding upon the City and the Lender and shall inure to the benefit of the
City and the Lender and their respective successors and assigns.
Section 14. Severability. In the event any provision of this Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof.
LFM- 12/6/2010 -8:17 AM- 4500 -LA - 2010A -1 - v2
5
AGENDA ITEM # 6B
DECEMBER 13, 20I0
Section 15. Execution in Counterparts. This Agreement may be
simultaneously executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
Section 16. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
LFM- 12/6/2010 -8:17 AM- 4500 -LA - 201OA -1 -Y2
6
AGENDA ITEM # 6B
DECEMBER 13, 2010
IN WITNESS WHEREOF, the ,City and the Lender have executed and delivered
this Loan Agreement as of December 14, 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
By:
Mike Borno
Mayor
(SEAL)
ATTEST:
By:
Donna L. Bartle
City Clerk
SUNTRUST BANK
By:
Lisa Hayes
Senior Vice President
LFM- 12/6/2010 -8:17 AM- 4500 -LA - 2010A -1 - v2
7
AGENDA ITEM # 6B
DECEMBER 13, 2010
EXHIBIT C -1
TO
RESOLUTION
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA
UTILITIES SYSTEM REVENUE BOND
SERIES 2010A -1
$892,560
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ATLANTIC
BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter called
"City "), for value received, hereby promises to pay to the order of SUNTRUST BANK
(the "Lender "), on the Installment Payment Dates described on the attached Exhibit
entitled "Bond Debt Service ", the aggregate Principal Amount of Eight Hundred
Ninety -Two Thousand Five Hundred Sixty Dollars ($892,560), solely from the
revenues hereinafter mentioned, and to pay solely from such revenues, interest on
said sum from the date of this Bond or from the most recent interest payment date to
which interest has been paid, at the Rate of Interest of Three and Fifty -Nine
Hundredths Percent (3.59 %) per annum on the unpaid balance of such Principal
Amount until the payment of such Principal Amount. Interest on this Bond shall be
computed based upon the 360 -day year, 30 -day month basis.
Interest on the unpaid Principal Amount shall be payable on each April 1 and
October 1, commencing on April 1, 2011, and at maturity.
The Rate of Interest shall be adjusted (but not to exceed any applicable
statutory limit imposed by the State of Florida) as follows:
(1) In the event of a change from the current thirty -five percent (35 %)
rate in the maximum federal income tax rate applicable to corporations, the interest
rates on this Bond shall be automatically adjusted, up or down, in order to maintain
the same after -tax yield to the Lender.
(2) The interest rate shall be adjusted (retroactively, if necessary) to
provide the Lender with the same after -tax yield on this Bond if:
(a) any amendments to existing law, other than a change in
the corporate tax rate, are adopted which adversely affect such after -tax yield;
(b) this Bond ceases to be a "qualified tax exempt obligation"
under Section 265 of the Internal Revenue Code of 1986 (the "Code "); or
(c) there occurs a final determination by the Internal Revenue
Service or a court that interest on the Bond is not excluded from gross income for
federal income tax purposes ( "Determination of Taxability ").
All payments shall be applied first to interest and then to principal on this
Bond. The principal of and interest on this Bond, when due and payable, shall be
paid by check or draft mailed to the Lender, at its address designated to the City, or
AGENDA ITEM # 6B
DECEMBER 13, 2010
by wire transfer to the domestic account of the Lender, upon written request and
furnishing of wire transfer instructions to the City. All amounts due hereunder shall
be payable in any coin or currency of the United States of America, which is at the
time of payment legal tender for the payment of public or private debts.
If the date for payment of the principal of or interest on the Bond shall be a
Saturday, Sunday, legal holiday or a day on which banking institutions in the State of
Florida are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not a Saturday, Sunday or legal
holiday or a day on which such banking institutions are authorized to close; provided,
that interest shall accrue to the date of payment.
This Bond evidences a Loan made pursuant to Ordinance No. 15 -10 -11 of the
City adopted on December 13, 2010, as supplemented by Resolution No. 10 -16
adopted on December 13, 2010 (collectively, the "Bond Ordinance ") and a Loan
Agreement dated as of December 14, 2010 (the "Loan Agreement ") between the City
and the Lender to finance the cost of a Project, as described in the Loan Agreement,
pursuant to the authority of and in full compliance with the Constitution and laws of
the State of Florida, including particularly Chapter 166, Florida Statutes, as
amended, Ordinance No. 15 -95 -7, as amended and supplemented (the "Original
Ordinance ") and other applicable provisions of law (collectively, the "Act ").
All of the terms of the Loan Agreement are incorporated herein by reference.
This Bond is a special obligation of the City payable solely from and secured by a
pledge of and a lien on the City's Pledged Revenues, as defined in the Loan
Agreement, all as provided in the Loan Agreement.
This Bond does not constitute a general obligation, or a pledge of the faith,
credit or taxing power of the City, the State of Florida or any political subdivision
thereof, within the meaning of any constitutional or statutory provision or limitation.
Neither the State of Florida nor any political subdivision thereof, nor the City, shall be
obligated to pay the principal of this Bond, the interest thereon or other costs incident
thereto, except from the Pledged Revenues in the manner provided in the Loan
Agreement. It is further agreed between the City and the Lender that this Bond and
the indebtedness evidenced hereby shall not constitute a lien on any property of the
City, except upon the Pledged Revenues, as provided in the Loan Agreement. The lien
on and pledge of the Pledged Revenues securing the Bonds ranks on a parity with the
lien and pledge securing payment of the Parity Bonds, as defined in the Loan
Agreement, and ranks superior to the lien and pledge securing the SRF Loan, as
defined in the Loan Agreement.
This Bond may, at the option of the City, be prepaid prior to maturity in whole
or in part on any date at a prepayment price (plus accrued interest to the date fixed
for redemption) equal to the principal amount thereof and without premium.
Notice of prepayment will be given by the City as provided in the Loan
Agreement. All prepayments will cease to bear interest after the specified prepayment
date provided funds for prepayment have been tendered to the Lender.
It is hereby certified and recited that all acts, conditions and things required to
exist, to happen and to be performed precedent to and in the issuance of this Bond
2
AGENDA ITEM # 6B
DECEMBER 13, 2010
exist, have happened and have been performed in regular and due form and time as
required by the laws and Constitution of the State of Florida applicable thereto, and
that the issuance of this Bond does not violate any constitutional or statutory
limitations or provisions.
3
AGENDA ITEM # 6B
DECEMBER 13, 2010
IN WITNESS WHEREOF, the City of Atlantic Beach, Florida, has issued this
Bond and has caused the same to be executed by the manual or facsimile signature of
its Mayor and attested by the manual or facsimile signature of its City Clerk, and its
official seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or
reproduced hereon, as of December 14, 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
By:
Mike Borno
Mayor
(SEAL)
ATTEST:
By:
Donna L. Bartle
City Clerk
4
AGENDA ITEM # 6B
DECEMBER 13, 2010
BOND DEBT SERVICE
4499 -CD- Bond- 2010A -1 -vl
5
AGENDA ITEM # 6B
DECEMBER I3, 2010
Dec 6, 2010 3:33 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASUN) Pagel
SOURCES AND USES OF FUNDS
City of Atlantic Beach, Florida
Tax - Exempt Fixed Utility Revenue Bonds, Series 2010A -1
SunTrust
3.59%
15 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Sources:
Bond Proceeds:
Par Amount 892,560.00
892,560.00
Uses:
Cost of Issuance:
Bond Counsel 5,500.00
Financial Advisor 5,000.00
Bank Counsel 2,000.00
Miscellaneous 1,000.00
13,500.00
Other Uses of Funds:
Additional Proceeds 879,060.00
892,560.00
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3:33 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASUN) Page 2
BOND SUMMARY STATISTICS
City of Atlantic Beach, Florida
Tax - Exempt Fixed Utility Revenue Bonds, Series 2010A -1
SunTrust
3.59%
15 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Last Maturity 10/01/2025
Arbitrage Yield 3.590540%
True Interest Cost (TIC) 3.590540%
Net Interest Cost (NIC) 3.590000%
All -In TIC 3.807297%
Average Coupon 3.590000%
Average Life (years) 8.531
Duration of Issue (years) 7.181
Par Amount 892,560.00
Bond Proceeds 892,560.00
Total Interest 273,359.03
Net Interest 273,359.03
Total Debt Service 1,165,919.03
Maximum Annual Debt Service 78,793.14
Average Annual Debt Service 78,793.10
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average
Bond Component Value Price Coupon Life
Bond Component 892,560.00 100.000 3.590% 8.531
892,560.00 8.531
All -In Arbitrage
TIC TIC Yield
Par Value 892,560.00 892,560.00 892,560.00
• Accrued Interest
• Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense - 13,500.00
- Other Amounts
Target Value 892,560.00 879,060.00 892,560.00
Target Date 12/14/2010 12/14/2010 12/14/2010
Yield 3.590540% 3.807297% 3.590540%
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3:33 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASUN) Page 3
BOND DEBT SERVICE
City of Atlantic Beach, Florida
Tax - Exempt Fixed Utility Revenue Bonds, Series 2010A -1
SunTrust
3.59%
15 Years
Period
Ending Principal Coupon Interest Debt Service
10/01/2011 37,270.30 3.590% 25,545.31 62,815.61
10/01/2012 48,088.20 3.590% 30,704.90 78,793.10
10/01/2013 49,814.60 3.590% 28,978.54 78,793.14
10/01/2014 51,602.90 3.590% 27,190.18 78,793.08
10/01/2015 53,455.50 3.590% 25,337.64 78,793.14
10/01/2016 55,374.50 3.590% 23,418.60 78,793.10
10/01/2017 57,362.40 3.590% 21,430.64 78,793.04
10/01/2018 59,421.80 3.590% 19,371.34 78,793.14
10/01/2019 61,555.00 3.590% 17,238.10 78,793.10
10/01/2020 63,764.80 3.590% 15,028.28 78,793.08
10/01/2021 66,054.00 3.590% 12,739.12 78,793.12
10/01/2022 68,425.30 3.590% 10,367.78 78,793.08
10/01/2023 70,881.80 3.590% 7,911.30 _78,793.10
10/01/2024 73,426.40 3.590% 5,366.66 78,793.06
10/01/2025 76,062.50 3.590% 2,730.64 78,793.14
892,560.00 273,359.03 1,165,919.03
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3: 33 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASUN) Page 4
FORM 8038 STATISTICS
City of Atlantic Beach, Florida
Tax- Exempt Fixed Utility Revenue Bonds, Series 2010A -1
SunTrust
3.59%
15 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Bond Component:
10/01/2011 37,270.30 3.590% 100.000 37,270.30 37,270.30
10/01/2012 48,088.20 3.590% 100.000 48,088.20 48,088.20
10/01/2013 49,814.60 3.590% 100.000 49,814.60 49,814.60
10/01/2014 51,602.90 3.590% 100.000 51,602.90 51,602.90
10/01/2015 53,455.50 3.590% 100.000 53,455.50 53,455.50
10/01/2016 55,374.50 3.590% 100.000 55,374.50 55,374.50
10/01/2017 57,362.40 3.590% 100.000 57,362.40 57,362.40
10/01/2018 59,421.80 3.590% 100.000 59,421.80 59,421.80
10/01/2019 61,555.00 3.590% 100.000 61,555.00 61,555.00
10/01/2020 63,764.80 3.590% 100.000 63,764.80 63,764.80
10/01/2021 66,054.00 3.590% 100.000 66,054.00 66,054.00
10/01/2022 68,425.30 3.590% 100.000 68,425.30 68,425.30
10/01/2023 70,881.80 3.590% 100.000 70,881.80 70,881.80
10/01/2024 73,426.40 3.590% 100.000 73,426.40 73,426.40
10/01/2025 76,062.50 3.590% 100.000 76,062.50 76,062.50
892,560.00 892,560.00 892,560.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 10/01/2025 3.590% 76,062.50 76,062.50
Entire Issue 892,560.00 892,560.00 8.5310 3.5905 %
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs (including underwriters' discount) 13,500.00
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
AGENDA ITEM # 613
DECEMBER 13, 2010
Dec 6, 2010 3:31 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 1
SOURCES AND USES OF FUNDS
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Sources:
Bond Proceeds:
Par Amount 9,137,440.00
9,137,440.00
Uses:
Cost of Issuance:
Bond Counsel 5,500.00
Financial Advisor 5,500.00
Bank Counsel 2,000.00
CPA Letter 1,000.00
Miscellaneous 2,500.00
16,500.00
Other Uses of Funds:
Additional Proceeds 9,120,940.00
9,137,440.00
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3:31 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 2
BOND SUMMARY STATISTICS
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Last Maturity 12/01/2030
Arbitrage Yield 2.680063%
True Interest Cost (TIC) 2.680063%
Net Interest Cost (NIC) 2.680000%
All -In TIC 2.699279%
Average Coupon 2.680000%
Average Life (years) 11.353
Duration of Issue (years) 9.535
Par Amount 9,137,440.00
Bond Proceeds 9,137,440.00
Total Interest 2,780,218.24
Net Interest 2,780,218.24
Total Debt Service 11,917,658.24
Maximum Annual Debt Service 596,961.22
Average Annual Debt Service 596,960.76
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average
Bond Component Value Price Coupon Life
Bond Component 9,137,440.00 100.000 2.680% 11.353
9,137,440.00 11.353
All -In Arbitrage
TIC TIC Yield
Par Value 9,137,440.00 9,137,440.00 9,137,440.00
• Accrued Interest
• Premium (Discount)
Underwriter's Discount
- Cost of Issuance Expense - 16,500.00
- Other Amounts
Target Value 9,137,440.00 9,120,940.00 9,137,440.00
Target Date 12/14/2010 12/14/2010 12/14/2010
Yield 2.680063% 2.699279% 2.680063%
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3:31 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 3
BOND DEBT SERVICE
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Period
Ending Principal Coupon Interest Debt Service
12/01/2011 339,363 2.680% 236,040.38 575,403.38
12/01/2012 361,172 2.680% 235,788.46 596,960.46
12/01/2013 370,852 2.680% 226,109.06 596,961.06
12/01/2014 380,791 2.680% 216,170.22 596,961.22
12/01/2015 390,996 2.680% 205,965.02 596,96I.02
12/01/2016 401,474 2.680% 195,486.32 596,960.32
12/01/2017 412,234 2.680% 184,726.82 596,960.82
12/01/2018 423,282 2.680% 173,678.96 596,960.96
12/01/2019 434,626 2.680% 162,335.00 596,961.00
12/01/2020 446,274 2.680% 150,687.02 596,961.02
12/01/2021 458,234 2.680% 138,726.88 596,960.88
12/01/2022 470,514 2.680% 126,446.20 596,960.20
12/01/2023 483,124 2.680% 113,836.44 596,960.44
12/01/2024 496,072 2.680% 100,888.70 596,960.70
12/01/2025 509,367 2.680% 87,593.98 596,960.98
12/01/2026 523,018 2.680% 73,942.94 596,960.94
12/01/2027 537,035 2.680% 59,926.06 596,961.06
12/01/2028 551,427 2.680% 45,533.52 596,960.52
12/01/2029 566,205 2.680% 30,755.28 596,960.28
12/01/2030 581,380 2.680% 15,580.98 596,960.98
9,137,440 2,780,218.24 11,917,658.24
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3 :31 pm Prepared by Dun lap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 4
FORM 8038 STATISTICS
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Bond Component:
12/01/2011 339,363.00 2.680% 100.000 339,363.00 339,363.00
12/01/2012 361,172.00 2.680% 100.000 361,172.00 361,172.00
12/01/2013 370,852.00 2.680% 100.000 370,852.00 370,852.00
12/01/2014 380,791.00 2.680% 100.000 380,791.00 380,791.00
12/01/2015 390,996.00 2.680% 100.000 390,996.00 390,996.00
12/01/2016 401,474.00 2.680% 100.000 401,474.00 401,474.00
12/01/2017 412,234.00 2.680% 100.000 412,234.00 412,234.00
12/01/2018 423,282.00 2.680% 100.000 423,282.00 423,282.00
12/01/2019 434,626.00 2.680% 100.000 434,626.00 434,626.00
12/01/2020 446,274.00 2.680% 100.000 446,274.00 446,274.00
12/01/2021 458,234.00 2.680% 100.000 458,234.00 458,234.00
12/01/2022 470,514.00 2.680% 100.000 470,514.00 470,514.00
12/01/2023 483,124.00 2.680% 100.000 483,124.00 483,124.00
12/01/2024 496,072.00 2.680% 100.000 496,072.00 496,072.00
12/01/2025 509,367.00 2.680% 100.000 509,367.00 509,367.00
12/01/2026 523,018.00 2.680% 100.000 523,018.00 523,018.00
12/01/2027 537,035.00 2.680% 100.000 537,035.00 537,035.00
12/01/2028 551,427.00 2.680% 100.000 551,427.00 551,427.00
12/01/2029 566,205.00 2.680% 100.000 566,205.00 566,205.00
12/01/2030 581,380.00 2.680% 100.000 581,380.00 581,380.00
9,137,440.00 9,137,440.00 9,137,440.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 12/01/2030 2.680% 581,380.00 581,380.00
Entire Issue 9,137,440.00 9,137,440.00 11.3532 2.6801%
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs (including underwriters' discount) 16,500.00
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
AGENDA ITEM # 613
DECEMBER 13, 2010
EXHIBIT C -2
TO
RESOLUTION
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF ATLANTIC BEACH, FLORIDA
UTILITIES SYSTEM REVENUE BOND
SERIES 201OA -2
$9,137,440
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF ATLANTIC
BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter called
"City"), for value received, hereby promises to pay to the order of SUNTRUST BANK
(the "Lender "), on the Installment Payment Dates described on the attached Exhibit
entitled "Bond Debt Service ", such amount as shall have been drawn down by the
City pursuant to the below- mentioned Loan Agreement, as evidenced by duly
executed draw requests, but not to exceed the aggregate Principal Amount of Nine
Million One Hundred Thirty -Seven Thousand Four Hundred Forty Dollars
($9,137,440), solely from the revenues hereinafter mentioned, and to pay solely from
such revenues, interest on said sum from the date of this Bond or from the most
recent interest payment date to which interest has been paid, at the Rate of Interest
described below on the unpaid balance of such Principal Amount until the payment of
such Principal Amount. Interest on this Bond shall be computed based upon the
360 -day year, 30 -day month basis. The Rate of Interest shall be a variable rate of
interest equal to 67% of the sum of (i) 3.75% plus (ii) the one -month LIBOR rate
published from time to time.
Interest on the unpaid Principal Amount shall be payable on each April 1 and
October 1, commencing on April 1, 2011, and at maturity.
The Rate of Interest shall be adjusted (but not to exceed any applicable
statutory limit imposed by the State of Florida) as follows:
(1) In the event of a change from the current thirty -five percent (35 %)
rate in the maximum federal income tax rate applicable to corporations, the interest
rates on this Bond shall be automatically adjusted, up or down, in order to maintain
the same after -tax yield to the Lender.
(2) The interest rate shall be adjusted (retroactively, if necessary) to
provide the Lender with the same after -tax yield on this Bond if:
(a) any amendments to existing law, other than a change in
the corporate tax rate, are adopted which adversely affect such after -tax yield;
(b) this Bond ceases to be a "qualified tax exempt obligation"
under Section 265 of the Internal Revenue Code of 1986 (the "Code "); or
(c) there occurs a final determination by the Internal Revenue
Service or a court that interest on the Bond is not excluded from gross income for
federal income tax purposes ( "Determination of Taxability ").
AGENDA ITEM # 6B
DECEMBER 13, 2010
All payments shall be applied first to interest and then to principal on this
Bond. The principal of and interest on this Bond, when due and payable, shall be
paid by check or draft mailed to the Lender, at its address designated to the City, or
by wire transfer to the domestic account of the Lender, upon written request and
furnishing of wire transfer instructions to the City. All amounts due hereunder shall
be payable in any coin or currency of the United States of America, which is at the
time of payment legal tender for the payment of public or private debts.
If the date for payment of the principal of or interest on the Bond shall be a
Saturday, Sunday, legal holiday or a day on which banking institutions in the State of
Florida are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not a Saturday, Sunday or legal
holiday or a day on which such banking institutions are authorized to close; provided,
that interest shall accrue to the date of payment.
This Bond evidences a Loan made pursuant to Ordinance No. 15 -10 -11 of the
City adopted on December 13, 2010, as supplemented by Resolution No. 10 -16
adopted on December 13, 2010 (collectively, the "Bond Ordinance ") and a Loan
Agreement dated as of December 14, 2010 (the "Loan Agreement ") between the City
and the Lender to finance the cost of a Project, as described in the Loan Agreement,
pursuant to the authority of and in full compliance with the Constitution and laws of
the State of Florida, including particularly Chapter 166, Florida Statutes, as
amended, Ordinance No. 15 -95 -7, as amended and supplemented (the "Original
Ordinance ") and other applicable provisions of law (collectively, the "Act ").
All of the terms of the Loan Agreement are incorporated herein by reference.
This Bond is a special obligation of the City payable solely from and secured by a
pledge of and a lien on the City's Pledged Revenues, as defined in the Loan
Agreement, all as provided in the Loan Agreement.
This Bond does not constitute a general obligation, or a pledge of the faith,
credit or taxing power of the City, the State of Florida or any political subdivision
thereof, within the meaning of any constitutional or statutory provision or limitation.
Neither the State of Florida nor any political subdivision thereof, nor the City, shall be
obligated to pay the principal of this Bond, the interest thereon or other costs incident
thereto, except from the Pledged Revenues in the manner provided in the Loan
Agreement. It is further agreed between the City and the Lender that this Bond and
the indebtedness evidenced hereby shall not constitute a lien on any property of the
City, except upon the Pledged Revenues, as provided in the Loan Agreement. The lien
on and pledge of the Pledged Revenues securing the Bonds ranks junior and
subordinate to the lien and pledge securing payment of the Parity Bonds and the SRF
Loan, as defined in the Loan Agreement.
This Bond may, at the option of the City, be prepaid prior to maturity in whole
or in part on any date at a prepayment price (plus accrued interest to the date fixed
for redemption) equal to the principal amount thereof and without premium.
Notice of prepayment will be given by the City as provided in the Loan
Agreement. All prepayments will cease to bear interest after the specified prepayment
date provided funds for prepayment have been tendered to the Lender.
2
AGENDA ITEM # 6B
DECEMBER 13, 2010
It is hereby certified and recited that all acts, conditions and things required to
exist, to happen and to be performed precedent to and in the issuance of this Bond
exist, have happened and have been performed in regular and due form and time as
required by the laws and Constitution of the State of Florida applicable thereto, and
that the issuance of this Bond does not violate any constitutional or statutory
limitations or provisions.
3
AGENDA ITEM # 6B
DECEMBER 13, 2010
IN WITNESS WHEREOF, the City of Atlantic Beach, Florida, has issued this
Bond and has caused the same to be executed by the manual or facsimile signature of
its Mayor and attested by the manual or facsimile signature of its City Clerk, and its
official seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or
reproduced hereon, as of December 14, 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
By:
Mike Borno
Mayor
(SEAL)
ATTEST:
By:
Donna L. Bartle
City Clerk
4
AGENDA ITEM # 6B
DECEMBER 13, 2010
BOND DEBT SERVICE
4499 -CD- Bond- 2010A -2 - v2
5
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3:47 pm Prepared by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 1
SOURCES AND USES OF FUNDS
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Sources:
Bond Proceeds:
Par Amount 9,137,440.00
9,137,440.00
Uses:
Cost of Issuance:
Bond Counsel 5,500.00
Financial Advisor 5,500.00
Bank Counsel 2,000.00
CPA Letter 1,000.00
Miscellaneous 2,500.00
16,500.00
Other Uses of Funds:
Additional Proceeds 9,120,940.00
9,137,440.00
AGENDA ITEM # 6B
DECEMBER I3, 20I0
Dec 6, 2010 3:47 pm Prepared by Dunl & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 2
BOND SUMMARY STATISTICS
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Last Maturity 10/01/2030
Arbitrage Yield 2.680229%
True Interest Cost (TIC) 2.680229%
Net Interest Cost (NIC) 2.680000%
All -In TIC 2.699591%
Average Coupon 2.680000%
Average Life (years) 11.252
Duration of Issue (years) 9.463
Par Amount 9,137,440.00
Bond Proceeds 9,137,440.00
Total Interest 2,755,502.21
Net Interest 2,755,502.21
Total Debt Service 11,892,942.21
Maximum Annual Debt Service 600,737.98
Average Annual Debt Service 600,737.93
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
Total Underwriter's Discount
Bid Price 100.000000
Par Average Average
Bond Component Value Price Coupon Life
Bond Component 9,137,440.00 100.000 2.680% 11.252
9,137,440.00 11.252
All -In Arbitrage
TIC TIC Yield
Par Value 9,137,440.00 9,137,440.00 9,137,440.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense - 16,500.00
- Other Amounts
Target Value 9,137,440.00 9,120,940.00 9,137,440.00
Target Date 12/14/2010 12/14/2010 12/14/2010
Yield 2.680229% 2.699591% 2.680229%
AGENDA ITEM # 6B
DECEMBER 13, 2010
Dec 6, 2010 3:47 pm Prepare by Dunlap & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 3
BOND DEBT SERVICE
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Period
Ending Principal Coupon Interest Debt Service
10/01/2011 283,695.10 2.680% 195,226.49 478,921.59
10/01/2012 363,457.60 2.680% 237,280.36 600,737.96
10/01/2013 373,198.20 2.680% 227,539.70 600,737.90
10/01/2014 383,199.90 2.680% 217,537.98 600,737.88
10/01/2015 393,469.70 2.680% 207,268.24 600,737.94
10/01/2016 404,014.70 2.680% 196,723.24 600,737.94
10/01/2017 414,842.30 2.680% 185,895.64 600,737.94
10/01/2018 425,960.10 2.680% 174,777.88 600,737.98
10/01/2019 437,375.80 2.680% 163,362.14 600,737.94
10/01/2020 449,097.40 2.680% 151,640.48 600,737.88
10/01/2021 461,133.30 2.680% 139,604.66 600,737.96
10/01/2022 473,491.60 2.680% 127,246.30 600,737.90
10/01/2023 486,181.20 2.680% 114,556.72 600,737.92
10/01/2024 499,210.90 2.680% 101,527.06 600,737.96
10/01/2025 512,589.70 2.680% 88,148.20 600,737.90
10/01/2026 526,327.10 2.680% 74,410.80 600,737.90
10/01/2027 540,432.70 2.680% 60,305.24 600,737.94
10/01/2028 554,916.30 2.680% 45,821.64 600,737.94
10/01/2029 569,788.00 2.680% 30,949.88 600,737.88
10/01/2030 585,058.40 2.680% 15,679.56 600,737.96
9,137,440.00 2,755,502.21 11, 892,942.21
AGENDA ITEM # 6B
DECEMBER I3, 2010
Dee 6, 2010 3:47 pm Prepared by D & Associates, Inc. (Finance 6.018 ATLBEACH:UTILITY- 2010ASN2) Page 4
FORM 8038 STATISTICS
City of Atlantic Beach, Florida
Tax - Exempt Variable Utility Revenue Note, Series 2010A -2
SunTrust
2.68%
20 Years
Dated Date 12/14/2010
Delivery Date 12/14/2010
Redemption
Bond Component Date Principal Coupon Price Issue Price at Maturity
Bond Component:
10/01/2011 283,695.10 2.680% 100.000 283,695.10 283,695.10
10/01/2012 363,457.60 2.680% 100.000 363,457.60 363,457.60
10/01/2013 373,198.20 2.680% 100.000 373,198.20 373,198.20
10/01/2014 383,199.90 2.680% 100.000 383,199.90 383,199.90
10/01/2015 393,469.70 2.680% 100.000 393,469.70 393,469.70
10/01/2016 404,014.70 2.680% 100.000 404,014.70 404,014.70
10/01/2017 414,842.30 2.680% 100.000 414,842.30 414,842.30
10/01/2018 425,960.10 2.680% 100.000 425,960.10 425,960.10
10/01/2019 437,375.80 2.680% 100.000 437,375.80 437,375.80
10/01/2020 449,097.40 2.680% 100.000 449,097.40 449,097.40
10/01/2021 461,133.30 2.680% 100.000 461,133.30 461,133.30
10/01/2022 473,491.60 2.680% 100.000 473,491.60 473,491.60
10/01/2023 486,181.20 2.680% 100.000 486,181.20 486,181.20
10/01/2024 499,210.90 2.680% 100.000 499,210.90 499,210.90
10/01/2025 512,589.70 2.680% 100.000 512,589.70 512,589.70
10/01/2026 526,327.10 2.680% 100.000 526,327.10 526,327.10
10/01/2027 540,432.70 2.680% 100.000 540,432.70 540,432.70
10/01/2028 554,916.30 2.680% 100.000 554,916.30 554,916.30
10/01/2029 569,788.00 2.680% 100.000 569,788.00 569,788.00
10/01/2030 585,058.40 2.680% 100.000 585,058.40 585,058.40
9,137,440.00 9,137,440.00 9,137,440.00
Stated Weighted
Maturity Interest Issue Redemption Average
Date Rate Price at Maturity Maturity Yield
Final Maturity 10/01/2030 2.680% 585,058.40 585,058.40
Entire Issue 9,137,440.00 9,137,440.00 11.2523 2.6802%
Proceeds used for accrued interest 0.00
Proceeds used for bond issuance costs (including underwriters' discount) 16,500.00
Proceeds used for credit enhancement 0.00
Proceeds allocated to reasonably required reserve or replacement fund 0.00
AGENDA ITEM # 7A
DECEMBER 13, 2010
ORDINANCE NO. 15 -10 -11
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE
CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED
AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $690,000 REVENUE REFUNDING BONDS, SERIES
2010B TO REFUND THE CITY'S OUTSTANDING UTILITIES
SYSTEM REVENUE REFUNDING BONDS, SERIES 1996;
APPROVING A FORM OF LOAN AGREEMENT AND
AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN
AGREEMENT AND OTHER ACTION IN CONNECTION WITH
THE DELIVERY OF SUCH BONDS; PROVIDING FOR SALE OF
THE BONDS BY RESOLUTION FOLLOWING SOLICITATION OF
COMPETITIVE PROPOSALS AND NEGOTIATIONS; PLEDGING
THE CITY'S PLEDGED REVENUES DESCRIBED IN ORDINANCE
NO. 15 -95 -7; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the
"City") has determined that it may achieve debt service savings by refunding the
Refunded Bonds as herein defined;
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted
pursuant to the provisions of the Act, as defined in the Loan Agreement, a form of
which is attached hereto as Exhibit A.
Section 2. DEFINITIONS. All terms in this Ordinance shall have the
meanings as defined in the Loan Agreement.
Section 3. REFUNDING AUTHORIZED. There is hereby authorized the
refunding of the Refunded Bonds, in order to achieve debt service savings.
Section 4. AUTHORIZATION OF LOAN AND BONDS. Subject and pursuant
to the provisions of this Ordinance, the City is authorized to incur a Loan and to issue
the Bonds in evidence thereof, upon substantially the terms of the Loan Agreement
attached hereto as Exhibit A, as such terms may be modified by resolution adopted at
the time of sale of the Bonds. All of the terms and covenants contained in the Loan
Agreement are incorporated herein by reference. The Bond Ordinance and the Loan
Agreement, upon the funding of the Loan and the issuance of the Bonds, shall
constitute a contract between the City and the Lender.
Section 5. SALE OF BONDS.
(A) Findings It is hereby found, determined and declared, that in
accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated
sale of the Bonds is in the best interest of the City because of the small size of the
issue the uncertainty of the bond market for issues of this type, and the flexibility
available in structuring the Bonds and their terms.
(B) The City has solicited proposals for purchase of the Bonds from
area commercial banks. Following evaluation of the responses received and
negotiation with the offeror of the proposal most advantageous to the City, the City is
authorized to sell the Bonds by resolution, specifying the marketing terms of the
Bonds, including but not limited to interest rate, interest payment dates, maturity
AGENDA ITEM # 7A
DECEMBER ] 3, 2010
dates and amounts, and terms of prepayment, and making such modifications to the
terms of the Loan Agreement as may be then approved by such resolution of the City
Commission.
Section 6. NECESSARY ACTION. The Mayor or Vice Mayor and the City
Clerk or Deputy Clerk of the City are authorized and directed to execute and deliver
the Loan Agreement and the Bonds pursuant to the resolution described in Section 5
hereof upon payment of the purchase price without further authority from the City
Commission. The Mayor or Vice Mayor and City Clerk or Deputy Clerk and City
Manager are designated as the agents of the City in connection with the issuance and
delivery of the Bonds and are authorized and empowered to take all actions and steps
to execute and deliver any and all instruments, documents or contracts on behalf of
the City which are necessary or desirable in connection with the execution and
delivery of the Loan Agreement and the Bonds, and which are not inconsistent with
the terms and provisions of this Ordinance and the Loan Agreement.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its enactment.
PASSED AND ADOPTED on first reading by the City Commission of the City of
Atlantic Beach, Florida at a regular meeting duly called and held this 22nd day of
November, 2010.
PASSED AND ADOPTED on second and final reading by the City Commission
of the City of Atlantic Beach, Florida at a regular meeting duly called and held this
day of , 2010.
CITY OF ATLANTIC BEACH, FLORIDA
Approved as to form, sufficiency Mike Borno, Mayor
and correctness:
Alan Jensen, City Attorney
ATTEST:
Donna L. Bartle, City Clerk
Ordinance No. 15 -10 -11 Page 2 of 2
AGENDA ITEM # 7A
DECEMBER 13, 2010
EXHIBITS
TO
ORDINANCE
LOAN AGREEMENT
between
CITY OF ATLANTIC BEACH, FLORIDA
and
Dated as of , 2010
$690,000
UTILITIES SYSTEM REVENUE REFUNDING BONDS
SERIES 2010B
AGENDA ITEM # 7A
DECEMBER 13, 2010
LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement "), dated as of ,
2010, by and between the CITY OF ATLANTIC BEACH, FLORIDA (the "City "), a
municipal corporation under the laws of the State of Florida, and
(the "Lender "),
WITNESSETH:
WHEREAS, the City has, by adoption of Ordinance No. (the
"Ordinance ") on , 2010, authorized the refunding of the Refunded Bonds
by a loan (the "Loan") in the amount of $ from the Lender; and
WHEREAS, the City has, by Resolution No. , adopted on December
2010 (the "Resolution ") determined to obtain the Loan from the Lender;
NOW THEREFORE, in consideration of the premises and the respective
representations and covenants herein contained, the parties hereto agree as follows:
Section 1. Definitions. The following terms in this Agreement shall have the
following meanings, unless the text otherwise expressly requires:
"Act" means Chapter 166, Florida Statutes, the Original Ordinance and other
applicable provisions of law.
"Bond Ordinance" shall mean the Ordinance, as supplemented by the
Resolution.
"Bonds" means the City's $ Utilities System Revenue Refunding
Bonds, Series 2010B, issuable in the denomination of a single Bond of $
principal amount.
"City" means the City of Atlantic Beach, Florida
"Code" means the Internal Revenue Code of 1986, as amended.
"County" means Duval County, a political subdivision of the State of Florida.
"Loan" means the loan agreed to be made to the City by the Lender pursuant to
Section 3 below.
"Original Ordinance" shall mean Ordinance No. 15 -95 -7 enacted by the City
Commission on November 13, 1995, as amended and supplemented. Except as
otherwise provided herein, all capitalized terms used and /or defined in the Original
Ordinance shall have the same meanings in this Agreement.
"Parity Bonds" shall mean the City's outstanding Utilities System Revenue
Refunding Bonds, Series 2004, issued under the Original Ordinance.
Ordinance No. 15 -10 -11 Page 2 of 5
AGENDA ITEM # 7A
DECEMBER 13, 2010
"Refunded Bonds" shall mean the City's outstanding Utility System Revenue
Bonds, Series 1996.
Section 2. Findings. It is hereby found, determined and declared by the City
that:
A. The refunding of the Refunded Bonds will further the purposes of
the Act and will reduce the borrowing costs of the City.
B. The City now owns, operates and maintains the System and
receives Pledged Revenues each year which are not presently pledged for payment of
any debt, except the Parity Bonds and the Refunded Bonds, and are legally available
to pay the Bonds. Such Pledged Revenues will be sufficient to pay all principal of and
interest on the Bonds and the Parity Bonds when due and to make all required
payments under the Original Ordinance and the Bond Ordinance.
Section 3. Loan. The Lender agrees to make a Loan to the City for the
purpose of refunding the Refunded Bonds. The Loan shall be evidenced by the Bonds,
containing the terms in the Bond Ordinance and this Agreement, which shall be
substantially in the form provided in the Resolution.
Section 4. Terms and Covenants of Prior Ordinances Apply. All of the
terms and covenants of Section 6.08 and Article III and Article V, except Section 5.04
thereof relating to continuing disclosure, of Ordinance No. 15 -95 -7, as amended, are
incorporated by reference herein and shall apply to the Loan for the benefit of the
Lender as fully as if set out herein. Upon compliance with the requirements of the
Original Ordinance for the issuance of Additional Parity Bonds, the Bonds shall be
Additional Parity Bonds for all purposes of the Original Ordinance.
Section 5. Prepayment. The Bonds shall be prepayable before maturity as
provided in the Resolution.
Section 6. Application of Loan Proceeds. All proceeds received from the
Loan shall be either (1) deposited on the date of receipt with the Paying Agent for the
Refunded Bonds, in an amount sufficient to pay the redemption price for the Refunded
Bonds on the earliest practicable date of redemption, to be held uninvested by the
Paying Agent until the redemption date, or (2) deposited in an irrevocable escrow
account with an escrow agent, in a sufficient amount which, when invested to the
redemption date for the Refunded Bonds, will be sufficient to pay the redemption price
of the Refunded Bonds on the redemption date, all to be accomplished in a manner
such that the lien on the Pledged Revenues securing payment of the Refunded Bonds
will be defeased in accordance with the Original Ordinance. The Lender shall not have
a lien on the money so deposited as provided in this Section.
Section 7. Waiver of Jury Trial. WITH RESPECT TO ANY SUIT OR ACTION
BETWEEN THE CITY AND THE LENDER RELATING TO THE LOAN, OR THIS LOAN
AGREEMENT, THE CITY AND THE LENDER EACH EXPRESSLY WAIVES ANY RIGHT
TO A JURY TRIAL, AND AGREES THAT THE EXCLUSIVE VENUE FOR ANY SUCH
SUIT OR ACTION SHALL BE DUVAL COUNTY, FLORIDA.
Ordinance No. 15 -10 -11 Page 3 of 5
AGENDA ITEM # 7A
DECEMBER 13, 2010
Section 8. Notices. All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given when hand delivered
or mailed by registered or certified mail, postage prepaid, to the parties at the following
addresses:
Notice Addresses
As to the City: Nelson Van Liere
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233 -5445
(904) 247 -5807
As to the Lender:
Any of the above parties may, by notice in writing given to the others, designate
any further or different addresses to which subsequent notices, certificates or other
communications shall be sent. Communication to the Lender via telecopier shall be
confirmed by delivery of a hard copy thereof to the Lender not later than two (2)
Business Days after such communication by telecopier.
Section 9. Qualified Tax - Exempt Obligation. The City hereby represents
and finds that it reasonably anticipates not more than $30,000,000 of tax- exempt
obligations (other than certain private activity bonds) will be issued by the City and its
subordinate governmental entities in calendar year 2010. The City hereby directs it
Mayor to recertify these representations upon issuance of the Bonds, and the Bonds
are hereby designated as "qualified tax- exempt obligations" under Section 265(b)(3) of
the Code.
Section 10. No Recourse. No recourse shall be had for the payment of the
principal of and interest on the Bonds or for any claim based on the Bonds or on this
Agreement, against any present or former member or officer of the City Commission or
any person executing the Bonds.
Section 11. Amendments, Changes and Modifications. This Agreement may
be amended by written agreement of the City and the Lender.
Section 12. Binding Effect. To the extent provided herein, this Agreement
shall be binding upon the City and the Lender and shall inure to the benefit of the City
and the Lender and their respective successors and assigns.
Section 13. Severability. In the event any provision of this Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof.
Ordinance No. 15 -10 -11 Page 4 of 5
AGENDA ITEM # 7A
DECEMBER I3, 20I0
Section 14. Execution in Counterparts. This Agreement may be
simultaneously executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
Section 15. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the City and the Lender have executed and delivered
this Loan Agreement as of , 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
(SEAL)
By:
Mike Borno, Mayor
ATTEST:
By:
Donna L. Bartle, City Clerk
[LENDER]
By:
Its:
Ordinance No. 15 -10 -11 Page 5 of 5
AGENDA ITEM # 7B
DECEMBER 13, 2010
ORDINANCE NO. 15 -10 -12
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
SUPPLEMENTING ORDINANCE NO. 15 -95 -7 ENACTED BY THE
CITY COMMISSION ON NOVEMBER 13, 1995, AS AMENDED
AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $10,100,000 UTILITIES SYSTEM REVENUE
BONDS, SERIES 2010A TO FUND THE COSTS OF SEWER AND
PLANT UPGRADES OF THE CITY'S UTILITY SYSTEM;
APPROVING A FORM OF LOAN AGREEMENT AND
AUTHORIZING EXECUTION AND DELIVERY OF THE LOAN
AGREEMENT AND OTHER ACTION IN CONNECTION WITH THE
DELIVERY OF SUCH BONDS; PROVIDING FOR SALE OF THE
BONDS BY RESOLUTION FOLLOWING SOLICITATION OF
COMPETITIVE PROPOSALS AND NEGOTIATIONS; PLEDGING
THE CITY'S PLEDGED REVENUES AS DESCRIBED IN
ORDINANCE NO. 15 -95 - 7; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida (the
"City") has determined that it is necessary and desirable to finance the cost of the
project described in the title of this Ordinance;
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted
pursuant to the provisions of the Act, as defined in the Loan Agreement, a form of
which is attached hereto as Exhibit A.
Section 2. DEFINITIONS. All terms in this Ordinance shall have the
meanings as defined in the Loan Agreement.
Section 3. PROJECT AUTHORIZED. There is hereby authorized the project
described in the title of this Ordinance.
Section 4. AUTHORIZATION OF LOAN AND BONDS. Subject and pursuant
to the provisions of this Ordinance, the City is authorized to incur a Loan and to issue
the Bonds in evidence thereof, upon substantially the terms of the Loan Agreement
attached hereto as Exhibit A, as such terms may be modified by resolution adopted at
the time of sale of the Bonds. All of the terms and covenants contained in the Loan
Agreement are incorporated herein by reference. The Bond Ordinance and the Loan
Agreement, upon the funding of the Loan and the issuance of the Bonds, shall
constitute a contract between the City and the Lender.
Section 5. SALE OF BONDS.
(A) Findings It is hereby found, determined and declared, that in
accordance with the provisions of Part III, Chapter 218, Florida Statutes, a negotiated
sale of the Bonds is in the best interest of the City because of the small size of the
issue, the uncertainty of the bond market for issues of this type, and the flexibility
available in structuring the Bonds and their terms.
AGENDA ITEM # 7B
DECEMBER 13, 2010
(B) The City has solicited proposals for purchase of the Bonds from
area commercial banks. Following evaluation of the responses received and
negotiation with the offeror of the proposal most advantageous to the City, the City is
authorized to sell the Bonds by resolution, specifying the marketing terms of the
Bonds, including but not limited to interest rate, interest payment dates, maturity
dates and amounts, and terms of prepayment, and making such modifications to the
terms of the Loan Agreement as may be then approved by such resolution of the City
Commission.
Section 6. NECESSARY ACTION. The Mayor or Vice Mayor and the City
Clerk or Deputy Clerk of the City are authorized and directed to execute and deliver
the Loan Agreement and the Bonds pursuant to the resolution described in Section 5
hereof upon payment of the purchase price without further authority from the City
Commission. The Mayor or Vice Mayor and City Clerk or Deputy Clerk and City
Manager are designated as the agents of the City in connection with the issuance and
delivery of the Bonds and are authorized and empowered to take all actions and steps
to execute and deliver any and all instruments, documents or contracts on behalf of
the City which are necessary or desirable in connection with the execution and
delivery of the Loan Agreement and the Bonds, and which are not inconsistent with
the terms and provisions of this Ordinance and the Loan Agreement.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its enactment.
PASSED AND ADOPTED on first reading by the City Commission of the City of
Atlantic Beach, Florida at a regular meeting duly called and held this 22nd day of
November, 2010.
PASSED AND ADOPTED on second and final reading by the City Commission
of the City of Atlantic Beach, Florida at a regular meeting duly called and held this
day of , 2010.
CITY OF ATLANTIC BEACH, FLORIDA
Approved as to form, sufficiency Mike Borno, Mayor
and correctness:
Alan Jensen, City Attorney
ATTEST:
Donna L. Bartle, City Clerk
Ordinance No. 15 -10 -12 Page 2 of 2
AGENDA ITEM # 7B
DECEMBER 13, 2010
EXHIBITS
TO
ORDINANCE
LOAN AGREEMENT
between
CITY OF ATLANTIC BEACH, FLORIDA
and
Dated as of , 2010
$10,100,000
UTILITIES SYSTEM REVENUE BONDS
SERIES 2010A
Exhibit to Ordinance No. 15 -10 -12 Page 1 of 5
AGENDA ITEM # 7B
DECEMBER 13, 2010
LOAN AGREEMENT
THIS LOAN AGREEMENT (this "Agreement "), dated as of ,
2010, by and between the CITY OF ATLANTIC BEACH, FLORIDA (the "City "), a
municipal corporation under the laws of the State of Florida, and
(the "Lender "),
WITNESSETH:
WHEREAS, the City has, by adoption of Ordinance No. (the
"Ordinance ") on , 2010, authorized the financing of the cost of sewer
and plant upgrades of the City's System by a loan (the "Loan") in the amount of
$ from the Lender; and
WHEREAS, the City has, by Resolution No. adopted on December
2010 (the "Resolution ") determined to obtain the Loan from the Lender;
NOW THEREFORE, in consideration of the premises and the respective
representations and covenants herein contained, the parties hereto agree as follows:
Section 1. Definitions. The following terms in this Agreement shall have the
following meanings, unless the text otherwise expressly requires:
"Act" means Chapter 166, Florida Statutes, the Original Ordinance and other
applicable provisions of law.
"Bond Ordinance" shall mean the Ordinance, as supplemented by the
Resolution.
"Bonds" means the City's $ Utilities System Revenue Bonds, Series
2010A, issuable in the denomination of a single Bond of $ principal amount.
"City" means the City of Atlantic Beach, Florida
"Code" means the Internal Revenue Code of 1986, as amended.
"County" means Duval County, a political subdivision of the State of Florida.
"Loan" means the loan agreed to be made to the City by the Lender pursuant to
Section 3 below.
"Original Ordinance" shall mean Ordinance No. 15 -95 -7 enacted by the City
Commission on November 13, 1995, as amended and supplemented. Except as
otherwise provided herein, all capitalized terms used and /or defined in the Original
Ordinance shall have the same meanings in this Agreement.
"Parity Bonds" shall mean the City's outstanding Utilities System Revenue
Refunding Bonds, Series 2004 and the City's Utilities System Revenue Bonds, Series
2010B being issued simultaneously with the Bonds.
Exhibit to Ordinance No. 15 -10 -12 Page 2 of 5
AGENDA ITEM # 7B
DECEMBER 13, 2010
"Project" shall mean the cost of sewer and plant upgrades to the City's System,
including reimbursement to the General P and of the City for costs advanced prior to
issuance of the Bonds.
"Refunded Bonds" shall mean the City's outstanding Utility System Revenue
Refunding Bonds, Series 1996.
Section 2. Findings. It is hereby found, determined and declared by the City
that:
A. The Project will further the purposes of the Act and will be in the
best interests of the City.
B. The City now owns, operates and maintains the System and
receives Pledged Revenues each year which are not presently pledged for payment of
any debt, except the Parity Bonds and the Refunded Bonds, and are legally available
to pay the Bonds. Such Pledged Revenues will be sufficient to pay all principal of and
interest on the Bonds and the Parity Bonds when due and to make all required
payments under the Original Ordinance and the Bond Ordinance.
Section 3. Loan. The Lender agrees to make a Loan to the City for the
purpose of financing the cost of the Project. The Loan shall be evidenced by the
Bonds, containing the terms in the Bond Ordinance and this Agreement, which shall
be substantially in the form provided in the Resolution.
Section 4. Terms and Covenants of Prior Ordinances Apply. All of the
terms and covenants of Section 6.08 and Article III and Article V, except Section 5.04
thereof relating to continuing disclosure, of Ordinance No. 15 -95 -7, as amended, are
incorporated by reference herein and shall apply to the Loan for the benefit of the
Lender as fully as if set out herein. Upon compliance with the requirements of the
Original Ordinance for the issuance of Additional Parity Bonds, the Bonds shall be
Additional Parity Bonds for all purposes of the Original Ordinance. However, in the
event that the requirements of the Original Ordinance for the issuance of Additional
Parity Bonds are not met, then the Bonds shall be junior, inferior and subordinate in
all respects to the Parity Bonds as to lien on and source and security for payment from
the Pledged Revenues and in all other respects. Moreover, in that event, the funds
and accounts described in the Original Ordinance shall be used only for the Parity
Bonds, and additional accounts having similar purposes shall be established for the
Bonds, and all payments and deposits shall first be made into the funds and accounts
for the Parity Bonds in full before any payments and deposits are made into the
additional accounts having similar purposes established for the Bonds.
Section 5. Prepayment. The Bonds shall be prepayable before maturity as
provided in the Resolution.
Section 6. Application of Loan Proceeds. All proceeds received from the
Loan shall be deposited in a Project P and to be separately accounted for, and shall be
applied by the City for payment of costs of the Project. Pending such expenditure, the
proceeds of the Loan shall be invested in lawful investments for the City maturing at
Exhibit to Ordinance No. 15 -10 -12 Page 3 of 5
AGENDA ITEM # 7B
DECEMBER 13, 2010
or prior to the times when such funds will be needed. The earnings thereon shall be
available only for the purposes of the Loan until the Project is completed and
thereafter such earnings and any unspent loan proceeds shall be applied to (1)
prepayment of the Loan or (2) such other project as the City Commission shall approve
with an approving opinion of bond counsel stating that such purpose constitutes a
lawful use of bond proceeds and will not adversely affect the exclusion of interest on
the Bonds from gross income for federal income tax purposes. The Lender shall have
a lien on the money in the Project Fund until spent as provided herein.
Section 7. Waiver of Jury Trial. WITH RESPECT TO ANY SUIT OR ACTION
BETWEEN THE CITY AND THE LENDER RELATING TO THE LOAN, OR THIS LOAN
AGREEMENT, THE CITY AND THE LENDER EACH EXPRESSLY WAIVES ANY RIGHT
TO A JURY TRIAL, AND AGREES THAT THE EXCLUSIVE VENUE FOR ANY SUCH
SUIT OR ACTION SHALL BE DUVAL COUNTY, FLORIDA.
Section 8. Notices. All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given when hand delivered
or mailed by registered or certified mail, postage prepaid, to the parties at the following
addresses:
Notice Addresses
As to the City: Nelson Van Liere
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233 -5445
(904) 247 -5807
As to the Lender:
Any of the above parties may, by notice in writing given to the others, designate
any further or different addresses to which subsequent notices, certificates or other
communications shall be sent. Communication to the Lender via telecopier shall be
confirmed by delivery of a hard copy thereof to the Lender not later than two (2)
Business Days after such communication by telecopier.
Section 9. Qualified Tax - Exempt Obligation. The City hereby represents
and finds that it reasonably anticipates not more than $30,000,000 of tax- exempt
obligations (other than certain private activity bonds) will be issued by the City and its
subordinate governmental entities in calendar year 2010. The City hereby directs it
Mayor to recertify these representations upon issuance of the Bonds, and the Bonds
are hereby designated as "qualified tax - exempt obligations" under Section 265(b)(3) of
the Code.
Section 10. No Recourse. No recourse shall be had for the payment of the
principal of and interest on the Bonds or for any claim based on the Bonds or on this
Agreement, against any present or former member or officer of the City Commission or
any person executing the Bonds.
Exhibit to Ordinance No. 15 -10 -12 Page 4 of 5
AGENDA ITEM # 7B
DECEMBER 13, 2010
Section 11. Amendments, Changes and Modifications. This Agreement may
be amended by written agreement of the City and the Lender.
Section 12. Binding Effect. To the extent provided herein, this Agreement
shall be binding upon the City and the Lender and shall inure to the benefit of the City
and the Lender and their respective successors and assigns.
Section 13. Severability. In the event any provision of this Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof.
Section 14. Execution in Counterparts. This Agreement may be
simultaneously executed in several counterparts, each of which shall be an original
and all of which shall constitute but one and the same instrument.
Section 15. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the City and the Lender have executed and delivered
this Loan Agreement as of , 2010.
CITY OF ATLANTIC BEACH,
FLORIDA
(SEAL)
By:
Mike Borno, Mayor
ATTEST:
By:
Donna L. Bartle, City Clerk
[LENDER]
By:
Its:
Exhibit to Ordinance No. 15 -10 -12 Page 5 of 5
AGENDA ITEM # 7C
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: First reading of proposed Ordinance 95 -10 -102 to establish a local exemption
procedure to certain provisions of the FDA Food Code, as currently adopted by the Florida Division
of Hotels and Restaurants, in order to allow patrons' dogs within certain designated outdoor portions
of public food service establishments, as set forth in §509.233, F.S., known as the Dixie Cup Clary
Local Control Act.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: December 4, 2010
BACKGROUND: Pursuant to direction at the November 22 " meeting, staff has prepared the
following ordinance which contains a new proposed Section 24 -158 consistent with the language and
provisions of §509.233, F.S., to be added to the existing Division 7, Supplementary Regulations.
New language is also included to amend Section 24 -69, Fees, to establish fees that will sufficiently
cover the cost of program administration, including application review, processing, and permit
issuance; compliance and complaint -based inspections; program monitoring, including mandated
reporting requirements.
At first glance, the ordinance may appear lengthy and involved, but most of the language is
restatement of the specific requirements and prohibitions placed on participating restaurants, as taken
from the provisions of §509.233, F.S. Adoption of this ordinance does not make the City a local
health code enforcement agency. To the contrary, it authorizes the City to give a permit to a
restaurant that meets certain conditions of §509.233, F.S.; likewise, the City may suspend and /or
revoke said permit, if it finds the participating restaurant has failed to meet those conditions. The
only authority of the City is to issue, suspend and/or revoke permits. Restaurants shall continue to be
fully responsibility for compliance with health code laws.
RECOMMENDATION: Discussion and approval of Ordinance 95 -10 -102 on first reading.
ATTACHMENTS: Proposed Ordinance 95 -10 -102.
BUDGET: No budget issues, but the new Ordinance does create application and administration fees
typical of all other permit related activities.
REVIEWED BY CITY MANAGER:
December 13, 2010 regular meeting
AGENDA ITEM # 7C
DECEMBER 13, 2010
ORDINANCE NUMBER 95 -10 -102
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE
MUNICIPAL CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH; CREATING SECTION 24 -158, DOG - FRIENDLY RESTAURANTS;
ESTABLISHING, PURSUANT TO FLORIDA STATUTES SECTION 509.233,
KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT, A LOCAL
EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND
AGENCY RULES RELATING TO PUBLIC FOOD SERVICE
ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT
CERTAIN DESIGNATED OUTDOOR AREAS OF SUCH
ESTABLISHEMENTS; PROVIDING FOR IMPLEMENTATION
PROCEDURES, INCLUDING PERMIT REQUIREMENTS, THE ADDITION
OF CERTAIN NEW FEES, AND COMPLAINT AND REPORTING
REQUIREMENTS; AMENDING SECTION 24 -69, FEES; CREATING
SECTION 24- 69(D), SPECIFIC USE REVIEW FEES; PROVIDING FOR
RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, at its regularly scheduled meeting of October 13, 2008, the City
Commission of the City of Atlantic Beach, Florida (the "City Commission "),
unanimously approved an ordinance entitled "An Ordinance of the City of Atlantic
Beach, County of Duval, State of Florida, Allowing Dogs within the Outdoor Dining
Areas of Restaurants Under Certain Conditions as Set Forth within Florida Statutes,
Section 509.233, Providing an Effective Date and an Expiration Date" (the "Atlantic
Beach Dog Dining Program ") according to provisions of a pilot program established
upon enactment of The Dixie Cup Clary Local Control Act, Florida Statutes, Section
509.233, (the "Act "); and
WHEREAS, the Florida Legislature passed Florida Law 2009 -195, removing the
sunset provision and making permanent the Act; and
WHEREAS, the Atlantic Beach Dog Dining Program has expired; and
WHEREAS, at the request of citizens and restaurant owners, it is the intent of the
City Commission to continue to allow dogs in the outdoor dining areas of restaurants in a
manner consistent with the Act; and
WHEREAS, a public hearing to enact this Ordinance was held by the City
Commission for the City of Atlantic Beach on January 10, 2011.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH:
SECTION 1. Chapter 24, Land Development Regulations, of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new Section
24 -158, Dog - Friendly Restaurants, and upon enactment shall read as follows.
Page 1 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
Section 24 -158. Dog- Friendly Restaurants.
(a) Purpose and intent The Dixie CW Clary Local Control Act Florida Statutes
§509.233, grants the City the authority to provide exemptions from certain
portions of the United States Food and Drug Administration Food Code, as
amended from time to time and as adopted by the State of Florida Division of
Hotels and Restaurants of the Department of Business and Professional
Regulation in order to allow patrons' dogs within certain designated outdoor
areas of their respective establishments while providing for regulation and
enforcement required to promote,. protect and maintain the health, safety and
welfare of the public By authority of F S §509.233(2), there is hereby created in
the City. of Atlantic Beach Florida such a local exemption procedure known as
the City of Atlantic Beach Dog - Friendly Restaurants.
(b) Applicability. No dog shall be allowed in a public food service establishment
unless authorized by state law and the public food service establishment has
received and maintains an unexpired .permit pursuant to this section allowing dogs
in designated outdoor dining areas of the establishment.
(c) Definitions As used in this Section the following terms shall be defined as set
forth herein unless the context clearly indicates or requires a different meaning:
Administrator shall mean the representative(s) of the City as designated by
the City Manager to oversee administration and enforcement of t
Section.
Employee shall mean owner, manager, host wait staff cook, dishwasher
or any other person involved in the operation of the public food service
establishment.
Division shall mean the Division of Hotels and Restaurants of the State of
Florida Department of Business and Professional Regulation.
Dog shall mean an animal of subspecies Canis lupus familiaris.
Outdoor Area shall mean an area not enclosed in a building and which is
intended or used as an accessory area to a public food service
establishment which provides food and/or drink to patrons for
consumption in the area.
Patron shall mean any guest or customer of a public food service
establishment.
Public food service establishment and food service establishment shall
mean any building vehicle place or structure or any room division, or
area in or adjacent to a building vehicle place or structure where food is
Page 2 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
prepared served or sold for immediate consumption on or in the vicinity
of the premises; called for or taken out by customers; or prepared prior to
being delivered to another location for consumption.
(d) Permit requirements No public food service establishment within the City shall
have or allow and dog on its premises unless the food service establishment
possesses a valid permit issued in accordance with this section, or unless
otherwise permitted pursuant to Florida Statutes.
(1) Permit application. An applicant for a dog- friendly restaurant permit
shall submit the established fees along with the application form created
and provided by the City to the designated ted administrative department. The
qpplication shall contain all required narrative and graphical information
necessary to determine compliance with the provisions of this Section and
deemed reasonably necessary for the enforcement of the provisions of this
Section but shall require at a minimum the following information:
a. The name location and mailing address of the food service
establishment.
b. The appropriate and current Division - issued license number for the
public food service establishment on all application materials.
c. The name mailing address and telephone contact information for
the owner of the public food service establishment.
d. The name mailing address and telephone contact information for
the manager of the public food service establishment.
e. The name mailing address and telephone contact information for
the permit applicant.
£ A diagram and description of the outdoor area to be designated as
available to patrons' dogs, including the following:
1. Dimensions of the designated area;
2. A depiction of the number and placement of tables, chairs,
and restaurant equipment, if any;
3. The entryways and exits to the designated outdoor area;
4. The boundaries of the designated area and of other areas of
outdoor dining not available for patrons' dogs;
5. Any fences or other barriers; and
Page 3 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
6. Surrounding_ property lines and public rights -of -way, .
including sidewalks and common pathways.
The diagram or plan shall be accurate and to scale but need not be
prepared by a licensed design professional.
g. A descLiption of the days of the week and hours of operation that
patrons' dogs will be permitted in the designated outdoor area.
h. The property owner's authorization shall also be required if the
qpplicant is not the property owner.
(2) Fees. The City Commission shall establish reasonable fees to cover the
cost of processing an initial application and issuing the permit including a
portion for initial permit compliance inspection and program monitoring.
Separate fees shall be established for verified complaint -based and permit
reinstatement compliance inspections. Such fees are detailed in Section
26 -69 of this Chapter.
(3) Permit application review and approval. Permit applications submitted
under this Section shall be reviewed and approved by the Administrator in
accordance with the following:
a. The permit application shall be submitted at least 30 days prior to
the date anticipated by the food service establishment for inception
of the program in the designated outdoor area.
b. The applicant shall be required to prominently display notice
within the food service establishment that application has been
made for a dog- friendly restaurant permit. The notice shall
indicate the portion of the seating area for which permitting is
requested and the anticipated start date of service. The notice shall
be displayed commencing the date application is made and
continue until such date the permit is issued or the application is
withdrawn or abandoned.
c. No permit shall be issued for any outdoor seating area which has
not been properly authorized by the City or which does not meet
all applicable criteria of the City's Land Development Regulations
and regulations of the Division.
d. For permits authorizing dogs within the outdoor areas of a food
service establishment located on any right -of -way or other property
of the Cily or any other governmental entity, the Administrator
shall require the applicant to produce evidence of the following:
Page 4 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
1. A valid right -of -way, sidewalk or other permit, license, or
lease showing the food service establishment has the right
to occupy and use the area, and
2. A properly executed insurance endorsement providing
commercial general liability insurance coverage in an
amount of no less than $500,000.00 per occurrence and
$1,000,000.00 aggregate. The policy shall not have any
exclusion for animals or animal bites. All insurance shall
be from companies duly authorized to do business in the
State of Florida. All liability policies shall be endorsed to
provide that the City or any other appropriate governmental
entity is an additional insured as to the operation of the
outdoor dining area on such government property
e. After the Administrator determines the application for a permit to
be complete and in compliance with this Section the Administrator
shall cause inspection of Outdoor areas of the food service
establishment designated in the application for compliance with the
provisions of this Section. A food service establishment found not
in compliance upon such inspection shall have a reasonable time in
which to correct any deficiencies found. Upon correction of such
deficiencies the public food service establishment shall request re-
inspection and pay a re- inspection fee.
£ A food service establishment making application for or issued a
permit under this Section shall provide access to the premises of
the food service establishment upon request of the Administrator or
any designated official of the City or the Division for periodic
inspections and monitoring for compliance. Neither advance
notice nor written request shall be required for such inspections.
g. An application shall be deemed abandoned if it remains incomplete
in the determination of the Administrator for a period of 90 days
after notice to the gpplicant of the deficiencies in the application or
if inspection of the food service establishment revealed
deficiencies in compliance with this Section and the applicant has
not requested re- inspection within such period.
h. A permit issued pursuant to this Section shall not be transferrable
to a subsequent owner upon the sale or transfer of a public food
serviced establishment but shall expire automatically upon the
sale, lease or other transfer of an interest in the food service
establishment and service under such expired permit shall cease.
The subsequent owner, lessee or other person acquiring an interest
in the food service establishment shall be required to reapply for a
Page 5 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
permit pursuant to this Section if such person desires to continue to
accommodate patrons' dogs according to the provisions of this
program.
(4) Permit expiration. Each permit issued under this Section shall expire on
September 30 next following issuance regardless of when issued.
(5) Permit renewal Each September, the Administrator shall review the
compliance records for each public food service establishment with a
current dog-friendly restaurant permit and send out renewal notices to
those establishments not having substantial and/or habitual violations
during the past eat r Upon receipt of a complete renewal application and
��ropriate fees and successful permit inspection the Administrator shall
issue a renewal permit with an effective date of October 1 of that year.
The Administrator shall issue a consultation notice to those food service
establishments having substantial and/or habitual violations during the
past year. At consultation the Administrator and the applicant shall
discuss severity and frequency of violations documented during the past
year, and the Administrator shall determine whether or not the applicant
may apply for a probationary renewal permit AU food service
establishment issued consultation notices for two (2) consecutive years
shall be prohibited from applying for a dog- friendly restaurant permit.
(6) Permit revocation A permit issued under this Section may be revoked
by the Administrator subject to the following conditions.
a. A permit issued under this Section may be revoked by the
Administrator if, after notice and reasonable time in which the
grounds for revocation may be corrected the food service
establishment fails to comply with any condition of approval, fails
to comply with the approved diagram fails to maintain any
required state or local license or permit fails to pay when due any
permit renewal inspection or re- inspection fees is found to be in
violation of any provision of this Section this Chapter, this Code,
or regulations of the Division or there exists any other threats to
the health safety, or welfare of the public. The Administrator may
suspend the permit and the food service establishment shall cease
service under the permit pending correction of the grounds for
revocation If the grounds for revocation are a failure to maintain
any re quired state or local license or permit revocation maw
effect immediately upon ig ving_notice of revocation to the f d
service establishment owner or manager. A suspension or
revocation by the Administrator shall be appealable as provided in
the general appeal provision of this Chapter, but shall remain in
effect during the course of such appeal.
Page 6 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
b. If a permit issued to a food service establishment under this
Section is revoked, no new permit may be approved or issued for
such food service establishment until the expiration of 180 days
following the date of such revocation, at which time the applicant
may request a consultation with the Administrator to discuss
issuance of a renewal permit.
(e) Use - specific standards. In addition to the general development standards and
those specific to the applicable zoning district, any public food service
establishment that receives a permit to allow dogs within a designated outdoor
dining area pursuant to this Section shall require observation and compliance
with the following use- specific standards.
(1) The public food service establishment and designated outdoor area shall
comply with all permit conditions and the approved dial
(2) Permits shall be conspicuously displayed in the designated outdoor area.
(3) Waterless hand sanitizer shall be provided at all tables in the designated
outdoor area.
(4) A kit with appropriate materials and supplies for cleaning and sanitizing
an area soiled b dog waste shall be maintained in the designated outdoor
area. Dog waste shall not be carried in or through indoor portions of the
public food service establishment.
(5) Ingress and egress to the designated outdoor area shall not require
entrance into or passage through any indoor area or non - designated
outdoor areas of the public food service establishment.
(6) No dogs shall be allowed in the designated outdoor areas of the food
service establishment if a violation of any of the requirements of this
Section exists.
(7) All dogs shall wear a current license tag or rabies tag and the patron shall
have a current license certificate or rabies certificate immediately
available upon request.
(f) Required signs. And public food service establishment that receives a permit
to allow dogs within a designated outdoor dining area pursuant to this Section
shall provide signag_e in accordance these standards and content.
(1) Sign standards. Sims must comply with the following.
a. Lettering must be no less than a thi -six (36) point font.
Page 7 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
b. Lettering must be in a contrasting color to the sign background so
as to be visible and readable.
(2) Employee- directed content si ng_ sSigns with the following rules must be
prominently posted in an employee area.
a. Employees shall wash their hands promptly after touching, petting,
or otherwise handling any dog, and shall wash their hands before
entering other parts of the public food service establishment from
the designated outdoor area.
b. Employees shall be prohibited from touching, petting, or otherwise
handling any dog while serving food or beverages or while
handling tableware.
c. Employees shall not permit any dog to be in, or to travel through,
indoor or non - designated outdoor areas of the public food service
establishment.
d. Employees shall not allow any dog to come into contact with
serving dishes, utensils, tableware, linens, paper products, or any
other items involved in food service operations.
e. Employees shall not allow any part of a dog to be on chairs, tables
or other furnishings. Dogs must remain on the floor /ground level
and shall not be permitted in the lap of the patron.
£ Employees shall clean and sanitize all table and chair surfaces with
an approved product between seating of patrons.
g. Spilled food and/or drink must be removed from the floor or
ground as soon as possible, but in no event less frequently than
between seating of patrons at the nearest table.
h. Accidents involving dog waste must be immediately cleaned and
sanitized with an approved product.
(3) Patron- directed content. Signs with the following rules must be
prominently posted at the entrance to the designated outdoor area
allowing doh
a. Patrons shall keep their dogs on a leash at all times and shall keep
their dogs under reasonable control.
b. Patrons shall not leave their dogs unattended for any period of
time.
Page 8 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
c. Patrons shall not allow dogs to come into contact with serving
dishes utensils tableware linens paper products or another
items involved in food service operations.
d. Patrons shall not allow an_y part of a dog to be on chairs, tables or
other furnishings. Dogs must remain on the floor /ground level and
shall not be permitted in the lap of the patron.
e. Accidents involving dog waste must be immediately cleaned and
sanitized with an approved product.
f. Patrons are advised to wash their hands with waterless hand
sanitizer before eating.
(g) Complaints and reporting requirements. In accordance with F.S.
§509.233, the Administrator shall provide the Division with the following in a
timely manner.
(1) The Administrator shall establish a procedure for accepting, documenting
and responding to complaints related to the program in a timely manner.
(2) The Administrator shall in a timely manner provide the Division with a
copy of all approved applications and permits issued.
(3) The Administrator shall promptly provide the Division with copy of all
complaints and responses to such complaints.
(4) All applications permits and other materials submitted to the Division
shall contain the Division - issued license number for the public food
service establishment.
SECTION 2. Section 24 -69, Fees, of Chapter 24, Land Development
Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby
amended to add new subsection 24- 69(d), Specific Use Review Fees, and upon enactment
shall read as follows.
See. 24-69. Fees.
Pursuant to Section 24- 46(e), the City Commission for the City of Atlantic Beach hereby
establishes the following fees related to the administrative cost of carrying out the
requirements of this Chapter and also to cover the costs for planning, zoning, engineering
utility and specific use reviews These fees shall be payable to the City at the time such
application or request is filed. Applications for planning and zoning related requests shall
not be considered as complete applications until such time as required fees have been
paid in full. Fees for specific use verified complaint -based and permit reinstatement
Page 9 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as
required by this Section are not refundable.
(d) Specific Use Review Fees.
(1) Dog- Friendly Dining_
a. Initial application (full year) $175.00
(half year) $ 90.00
Includes processing of application, initial inspection, permit
issuance and three subsequent quarterly compliance inspections.
b. Renewal application $125.00
Includes annual compliance review and inspection, permit
issuance and three subsequent quarterly compliance inspections.
c. Verified complaint -based compliance $ 55.00
Includes one (1) compliance inspection, upon verification of a
complaint -based violation. Each additional re- inspection for failed
compliance will be charged this same amount.
d. Permit reinstatement $ 55.00
Includes one (1 ) compliance inspection, upon suspension due to
violations documented at time of quarterly inspection, and permit
reinstatement/issuance. Each additional re- inspection for failed
compliance will be charged this same amount.
Page 10 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 7C
DECEMBER 13, 2010
SECTION 3. This ordinance shall take effective immediately upon its final
passage and adoption and shall be recorded in a book kept and maintained by the Clerk of
the City of Atlantic Beach, Florida, in accordance with § 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach the 13 day
of December, 2010. Passed on final reading and public hearing the 10 day of January,
2011.
LOUIS "MIKE" BORNO, JR
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA L. BARTLE, CMC
City Clerk
Page 11 of 11
Ordinance Number 95 -10 -102
AGENDA ITEM # 8A
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public hearing to consider a request from Lawton Hall for a Use -by-
Exception (File Number UBE- 2010 -05) to allow production of custom surfboards within an
existing warehouse space at 45 West 6th Street.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: December 13, 2010
BACKGROUND: See attached Staff Reports prepared for the Community Development Board
(CDB). The Community Development Board unanimously recommended approval of this request
at their September 21, 2010 meeting. Prior to hearing and final action by the Commission, an error
in location was detected, and the item was remanded to the CDB. The CDB again unanimously
recommended approval of this request, based upon the corrected location, at their November 16,
2010 meeting.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve Use -by- Exception File Number UBE- 2010 -05 as
recommended by the Community Development Board, finding that this request is not contrary to
the public interest or detrimental to the health, safety and welfare of the general public, and that the
proposed use is compatible with adjacent properties and other properties within the surrounding
area.
ATTACHMENTS: CDB staff reports and minutes of the September 21 and November 16
Community Development Board meetings.
REVIEWED BY CITY MANAGER:
December 13, 2010 regular meeting
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' • REEN
AGENDA ITEM # 8A
Draft Minutes of the November 16, 2010 regular meeting of the Community Development Board DECEMBER 13, 2010
removed with a shop -vac. Mr. Hall also stated that he intends to build a filtration system similar to
the one used by JC Surfboards in Hawaii. This will provide an additional level of protection
against environmental pollution, as well as provide a better working environment for his
employees.
Mr. Lambertson opened the floor to public comment, and with there being none, brought the item
back to the Board for further discussion. There were no additional comments or questions from
the Board.
MOTION: Kirk Hansen moved that the Board recommend approval to the City Commission of a
Use -by- Exception to permit the production of custom surfboards within an existing warehouse
space located within the Commercial General Zoning District at 45 West 6 th Street, finding that
approval of this request is in compliance with the requirements of Sections 24 -63 and 24 -111 of the
Zoning, Subdivision and Land Development Regulations, and finding that this request is neither
contrary to the public interest nor detrimental to the health, safety and welfare of the general
public, and the proposed use is compatible with adjacent properties within the surrounding area.
Harley Parkes seconded the motion and it passed unanimously.
5. NEW BUSINESS.
a. ZVAR- 2010 -04. Request from Jacqueline and Joel Suarez for a Variance to reduce the
required ten (10) foot side yard setback to seven (7) feet to allow for addition of stairs as a
secondary means of egress from the second story living area of a single - family home located
at 1072 Beach Avenue within a Residential Single - Family (RS -2) Zoning District.
Ms. Hall introduced this item, explaining that she had had a couple of conversations with Gary
Grider, contractor for the Mr. and Mrs. Suarez, regarding the possibility of adding the exterior
stairs on the south side of the primary structure as described in this application. In the course of
those discussions, Ms. Hall determined that the Suarez property was a platted 50' x 100'
rectangular lot typical of that area, with the home constructed to standard setbacks. Within the RS-
2 Zoning District, required side yard setbacks are a combined fifteen (15) feet, with a minimum of
five (5) feet on either side. Ms. Hall said she was told that the Suarez home was situated five (5)
feet from the north side property line and ten (10) feet from the south side property line. Given
that information, she told Mr. Grider that Section 24-83(b) of the LDRs allowed architectural
features such as open balconies or porches to project up to twenty -four (24) inches into required
side yards. Additionally, according to the provisions of Section 24- 48(h), the Community
Development Director has the authority to grant minor dimensional variances not to exceed five
(5) percent of the required standard. In the instance where the required side setback is a combined
15 feet, the maximum permitted to be waived is nine (9) inches. Applying both of these
provisions, however, resulted in an allowance of only 33 inches, which was short of the applicant's
request.
Mr. Lambertson invited applicant to comment. Jacqueline Suarez (1072 Beach Avenue) said that
the original house was built in 1937, and the majority was demolished and rebuilt in 1995. The
main living area, including the kitchen is located on the upper floor, though there are bedrooms on
the lower floor. When asked by Mr. Lambertson her primary reason for the request, Mrs. Suarez
stated safety concerns. She indicated that she and her husband who has been ill spend the majority
of their time on the upper floor, and that she felt external stairs from the second floor would
Page 2 of 3
AGENDA ITEM # 8A
DECEMBER 13, 2010
Draft Minutes of the November 16, 2010 regular meeting of the Community Development Board
provide a quicker means of egress in emergency situations. She also noted the second story
kitchen window, located on the south side that was difficult to access whenever hurricane shutters
needed to be installed. She said she hoped to design the stairs and locate them such that the
window could be accessed from the landing.
Mr. Parkes expressed concern that addition of the external stairs would set the house up to be split
and rented as a duplex. Mr. Lambertson asked the number of kitchens present in the structure, to
which Mrs. Juarez replied one upstairs. Mr. Parkes noted that because this would be a secondary
means of egress, building code did not dictate a minimum width. Ms. Drysdale asked if the stairs
could be constructed to 33 inches, therefore not requiring a variance. Mr. Grider said that he based
the number on the standard door width of 30 inches and allowing room for structural supports and
banister. He anticipated an overall width of 36 inches, with the actual opening being 30 -32 inches.
Mr. Hansen said he understood the applicants' desire, but did not want to set a precedent for
granting variances that do not strictly meet the criteria for which the Board is authorized to grant.
Ms. Hall noted that a survey was submitted along with the application, and according to that
survey, the primary structure was situated such that the actual combined side yard setback is 15.3
feet, or 15 feet and approximately three and one -half (3 1/2) inches. Board members reviewed the
survey, and it was agreed that those additional three (3) inches, combined with the allowance for
structural projections up to twenty -four (24) inches into required side yards [Section 24- 83(b)] and
the maximum allowable administrative variance of nine (9) inches for combined required side yard
setbacks of fifteen (15) feet [Section 24- 48(h)] should sufficiently accommodate the applicant's
desired stairs. Mr. Lambertson confirmed that both Mrs. Juarez and Mr. Grider understood that
they now had the option to withdraw this application for variance and seek an administrative
variance from the Director of Community Development. They agreed, and Mrs. Juarez formally
stated her desire to withdraw application ZVAR- 2010 -04 from consideration by the Community
Development Board.
MOTION: Harley Parkes moved that the Board accept the applicant's request to withdraw
ZVAR- 2010 -04, and request that staff refund the application fee. Kirk Hansen seconded the
motion and it passed unanimously.
6. OTHER BUSINESS NOT REQUIRING ACTION. None.
7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 6:42 pm.
Chris Lambertson, Chairman
Attest
Page 3 of 3
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AGENDA ITEM # 8A
DECEMBER I3, 2010
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the City
Commission of the requested Use -by- Exception to allow production of custom surfboards within an
existing 3000 square foot warehouse space within the Commercial General Zoning District at 36 West
6th Street, provided:
(Provide findings offact similar to the following, and attach conditions as may be appropriate.)
1. Approval of this Use -by- Exception is in compliance with the requirements of Section 24 -63, Zoning
and Subdivision and Land Development Regulations, and is also consistent with Section 24 -112
defining the CG Zoning Districts.
2. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of
general public.
3. The proposed use is compatible with adjacent properties and other properties within the surrounding
area.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the requested Use -by- Exception to allow production of custom surfboards within an
existing 3000 square foot warehouse space within the Commercial General Zoning District at 36 West
6th Street, provided:
(Provide findings of fact similar to the following with supporting reasons.)
1. The request is contrary to public interest and may be detrimental to the health, safety and welfare of
general public because
2. The proposed use is not compatible with adjacent properties and other properties within the surrounding
area because
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id
AGENDA ITEM # 8A
DECEMBER I3, 2010
Himaes o0he September 21. 2010 regular meeling gfthe Community Development Board
Applicant Lawton Hall (3870 Grande Boulevard, Jacksonville Beach) described the processes lie
would undertake at the location. In general, he would be custom- cutting surfboards to
approximately 90% completion for others who would then refine the boards to completion at their
locations.
Mr. Lambertson opened the hearing to public comment and with there being none, closed that
portion and returned the item to the Board for discussion.
Mr. Adams and Mr. Hansen inquired as to disposal methods of any waste by- products. Mr. Hall
said that the actual cutter is self - contained with a vacuum device to catch dust, fiberglass, etc. Mr.
Parkes commented that lie believed the same type of mechanism was employed by the cabinet-
making shops. Mr. Hall confirmed and went on to explain that any excess epoxy or resin drops
into and is collected in a large container underneath his work surface into a material similar to "cat
litter" where it forms into clumps and can then be recycled or disposed of He said there are no
materials or by- products that require any special disposal other than standard commercial waste
disposal, and that the tools make very little noise and disperse nothing from the building.
MOTION: Kirk Hansen made a motion that the Board recommend approval to the City
Commission of a Use -by- Exception to permit the production of custom surfboards within an
existing warehouse space located within the Commercial General Zoning District at 36 Nest
6th Street, finding that approval of this request is in compliance with the requirements of
Sections 24 -63 and 24 -112 of the Zoning, Subdivision and Land Development Regulations,
and finding that this request is neither contrary to the public interest nor detrimental to the
health, safety and welfare of the general public, and that the proposed use is compatible with
adjacent properties and other properties within the surrounding area. Harley Parkes
seconded the motion and it passed unanimously.
(Item 5.c rhas heard prior to Item 5.b)
c. Z`IAR- 2010 -02. Request from Southcoast Capital Corporation for a reduction in the
required number of parking spaces to that existing to allow a 60 -seat restaurant to replace a
previously existing, now vacant retail space with no increase in floor area at 299 Atlantic
Boulevard within the Central Business District.
Ms. Doerr provided a summary of the request noting that the CBD regulations specifically
acknowledge that parking is a constraint in Town Center and that most buildings were "built prior
to the current requirements for area, setbacks, parking and other site related elements, and this
character should be retained."
Applicant Southcoast Capital Corporation (SCC) was represented by Lindley Tolbert (465 Beach
Avenue). Ms. Tolbert described the properties within and adjacent to Town Center owned and/or
leased by SCC. She explained that if parking associated with these properties were enumerated
according to the current uses and Land Development Regulations, there would be an excess of
some 20 parking spaces that are under the control of SCC. However, a portion of those parking
spaces are on the Neptune Beach side, rather than Atlantic Beach, where this particular property is
located, but that they are in very easy walking distance of this location.
Chairman Lambertson disclosed that while lie has no direct involvement with this property at this
time or this application, lie does have other business involvement with Southcoast Capital
Page 2 of
AGENDA ITEM # 8A
DECEMBER 13, 2010
d/inules oJ'Ihe S'eplember 21, 2010 regular meeling qJ the Community Development Board
Corporation, and therefore would recuse himself from consideration of this application. He then
turned the meeting over to Vice Chairman Ms. Drysdale.
Ms. Doerr commented that it had been her long -held position that new development on vacant sites
or complete redevelopment of a property should provide the parking as required by current code,
but that when no expansion in floor area is involved, and the proposed uses are those that
expressed in the CBD regulations as desired uses, that strict application of parking requirements
would have a long term negative effect on Town Center likely resulting in empty storefronts.
Ms. Drysdale opened the hearing to public comment and with there being none, closed that portion
and returned the item to the Board for further discussion.
With no Further discussion, Mr. Adams made a motion to approve ZVAR - 2010 -02, a request for
Variance from Section 24 -161 to reduce the required parking to that existing in order to allow a 60-
seat restaurant to occupy an existing space within the Town Center area of the Central Business
District at 399 Atlantic Boulevard, finding that this request supports Policy A.1.11.1(c) of the
Comprehensive Plan, and finding that it is consistent with the Section 24 -114, Central Business
District regulations, as well as finding that this request is consistent with Section 24- 64(d)(4) of the
Land Development Regulations establishing grounds for approval of a Variance due to the onerous
effect of regulations enacted after platting or after development of the property or after
construction of improvements upon the property. Mr. Parkes seconded the motion and it carried
unanimously.
(111s. Drysdale returned the gavel and control of the meeting to Ad'r La)nbertsonn .
b. PUD Modification, Johnston Island. Request from Charles O. Chupp for a modification to
the Johnston Island PUD, as approved in 2005, to provide for an alternative development
scenario that would eliminate all future residential development of the site, and also
eliminate the private club and 250-seat dining facility, in exchange for a maximum 125 -seat
public restaurant to be located on the one -half acre commercial portion of the site.
Ms. Doerr gave a brief history of the Johnston Island PUD and explained what is currently
approved for development.
Representing the property owner, Charles O. Chupp, Chad Grimm (4206 Harbor Island Drive)
provided the Board with details of the alternative development scenario proposed as part of this
requested modification.
Mr. Parkes asked how the number of 125 seats for the public restaurant was reached, to which Mr.
Grimm explained that three variables contributed to that calculation, those being the potential
kitchen -to- seating floor area ratio, the required parking, and the amount of effluent estimated to be
generated and accommodated by a drainfield. Mr. Putterman noted that the previous PUD
approval had included a 250 -seat private club, and asked how that was approved but the new
calculation allowed only 125 seats. Mr. Grimm explained that the original PUD included
provisions for ruiming utilities out to the site. However, installation and maintenance would be
expensive for both the applicant and the City. After meeting with the City Engineer and Public
Utilities, an alternative plan was developed.
Mr. Parkes noted that alcoholic beverage licenses for full service restaurants typically require a
minimum of 150 seats. Ms. Doerr replied that a "special restaurant license" series (SRX) which
Page 3 of
AGENDA ITEM # 8A
DECEMBER 13, 2010
llinules o/�ihe September 21, 2010 regular uneeling g f1he Community Development Board
does not have the 150 seat requirement, but does require a minimum of fifty -one percent (51%)
food sales would be used. She noted this to be one of the recommended conditions of the
alternative plan, as listed in Exhibit B of the staff report to prevent the location from ever
becoming "just a bar."
Ms. Drysdale noted transient boat slips on the conceptual diagram and asked about the terms of
usage. Mr. Grinuii explained that the transient slips were for short term for use by patrons of the
restaurant, whereas the marina slips were to be sold or leased for long -term use.
Mr. Lambertson opened the hearing for public comment and with there being none, closed that
portion and returned the item to the Board for further discussion.
Mr. Adams expressed his long -held dislike of the PUD as now approved. He said he felt a smaller
public restaurant is much more suitable to the island than residential units, and that a public
restaurant on the water would more greatly benefit the citizens of Atlantic Beach and surrounding
areas. However, lie was concerned that this modification would result in an either -or situation in
which the owner could still develop the residential -based scenario. Mr. Grinmi confirmed that
while a restaurant site is much more marketable and highly likely to be developed, the owner
fought long and hard to obtain those residential development rights, and he desires to hold on to
them in the case that market conditions change before a restaurant can be developed on the site.
Mr. Grimm addressed the concern that both uses could still be developed in the future, noting that
this was not possible under the proposed modification, and that the property owner has realized
that the site is not large enough for both uses in any case, and that the combination of the two uses
would not be compatible or marketable for either a restaurant or residential lots.
Mr. Parkes asked for clarification that this action would not result in two different PUDs, and Ms.
Doerr confirmed that there would still only be one approved PUD. However, there would be two
completely different development scenarios, one being the original as already approved, and the
second being the alternative plan presented tonight and consisting of only a 125 -seat public
restaurant and marina with harbor master facilities and the docks.
Ms. Doerr read Exhibit B as included in the agenda package, a list of conditions that are
recommended to be made part of the ordinance adopting the PUD modification.
General discussion about the modification followed with a consensus that any plan that offered an
opportunity to eliminate residential use front the site was positive, and that this would be a good
location for the type of restaurant proposed. Mr. Grimm and Ms. Doerr both commented related to
opinions regarding the practicality and desirability of the site for residential use given the view the
west, the location under the bridge, etc. Mr. Grimm commented regarding market conditions in
2004 -2005 when any residential waterfront property was thought to be "golden.'' Both concurred
that the likelihood of a restaurant is much more probable than residential.. and Mr. Grinuii
commented that having this modification in place would facilitate efforts to market the island as a
restaurant site. and that the owner has recently had interest from several restaurant developers.
MOTION: Blaine Adams moved that the Board recommend approval to the City
Commission of the requested modification to the Johnston Island PUD, finding that this
request for a PUD modification has been fully considered following a public hearing before
the Community Development Board with legal notice duly published as required by law;
finding that the requested PUD modification is consistent with the 20102020 Comprehensive
Plan in that the Alternative Plan eliminates residential development in the Coastal High
Page 4 of 5
AGENDA 1TEM # 8A
DECEMBER 13, 2010
blinules ol'llre September 21, 2010 regular meeling ol the Community Derelopmem Board
Hazard Area; finding that the requested PUD modification does not adversely affect the
orderly development of the City; and, funding that the requested PUD modification is
consistent with the Land Development Regulations, specifically Division 6, establishing
standards for the modification to previously approved Planned Development Units, to allow
for an alternative development plan as set forth within Exhibit B to proposed Ordinance
Number 52- 10 -04. Kirk Hansen seconded the motion and it passed unanimously.
6. OTHER BUSINESS NOT REQUIRING ACTION.
a. Use-by-Exception Approval Procedures
As discussed at previous meetings, Mr. Lambertson said the he believes the current process for
consideration of a Use -by- Exception is onerous and burdensome, in both time and resources for all
parties involved. The applicant is required to apply and appear before two bodies; staff is required
to prepare reports and presentations for and appear before two bodies, and two bodies are required
to review materials and hear essentially the same presentations. He asked Ms. Doerr to seek
direction from the City Commission as to whether or not this is the best expenditure of valuable
time and resources, and to consider a revision to Chapter 24 such that Use -by- Exceptions would be
required to come to either the Community Development Board or the City Commission for action,
but not both bodies. The Community Development Board felt that the City Commission should
make the decision regarding which body should hear Use -by- Exception, and expressed no
preference for either. It was noted that final decisions on similar special use applications are made
by the Planning Commission at the City of Jacksonville. All Board members concurred. Ms.
Doerr confirmed that she would confer this request to the City Commission.
7. ADJOURNMENT. Mr. Lambertson adjourned the meeting at 7:32pm.
i
Chris Lambertson, Chairman
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Attest _ 1 4-0-t i T-Aamvwy
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AGENDA ITEM # 8A
DECEMBER 13, 2010
As stated by Community Development Director Sonya Doerr, in the previous staff report:
This area is unlikely to ever be a suitable location for retail or service type
uses. There is no northbound access from Mayport Road, and traffic patterns
are not conducive to business activities that require significant parking or
that generate levels of traffic associated with retail uses. The existing
development pattern of small warehouse - suitable businesses is well
established in this area. It should be the City's objective to support uses that
keep these spaces occupied with small businesses that have minimal traffic
impacts and that do not have negative aesthetic effects on the corridor. The
Applicant has stated that his business will have no visible or outward impact
of any kind, and that a tightly controlled environment is critical in order to
maintain the finish quality of his boards.
The primary difference between the two locations is proximity to residential uses.
Whereas 36 W 6th Street was several hundred feet from the nearest residential use, 45 W.
6th Street is directly adjacent to residential uses to the north, northwest and southwest.
Consideration must be given to the potential impact of any activities which may have
negative impacts on the adjacent residential properties due to excessive noise or extremely
late hours of operation.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval
to the City Commission of the requested Use -by- Exception to allow production of
custom surfboards within an existing 3000 square foot warehouse space within the
Commercial General Zoning District at 45 W. 6th Street, provided:
(Provide findings of factsimilar to the following, and attach conditions as may be appropriate).
1. Approval of this Use -by- Exception is in compliance with the requirements of Section
24 -63, Zoning and Subdivision and Land Development Regulations, and is also
consistent with Section 24 -111 defining the CG Zoning District.
2. The request is not contrary to public interest and is not detrimental to the health,
safety and welfare of the general public.
3. The proposed use is compatible with adjacent properties and other properties
within the surrounding area.
SUGGESTED ACTION TO RECOMMEND DENIAL
The Community Development Board may consider a motion to recommend denial to the
City Commission of the requested Use -by- Exception to allow production of custom
surfboards within an existing 3000 square foot warehouse space within the Commercial
General Zoning District at 45 W. 6th Street, provided:
3
AGENDA ITEM # 8A
DECEMBER I3, 2010
CProvide findings of fact similar to the following with supporting reasons).
1. The request is contrary to public interest and may be detrimental to the health,
safety and welfare of general public because
2. The proposed use is not compatible with adjacent properties and other properties
within the surrounding area because
MOTION BY
TO RECOMMEND _ A _ D
SECOND BY
VOTE
4
AGENDA ITEM # 8B
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: TMDL Wastewater Compliance Project - Buccaneer Phaseout Force Main
Construction, Bid No. 0910 -13
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: December 6, 2010
BACKGROUND: The City's project to meet the Total Maximum Daily Load (TMDL) for nitrogen,
as directed by the City Commission, is to upgrade Wastewater Treatment Plant #1 (WWTP #1),
abandon the Buccaneer Wastewater Treatment Plant #2 and construct a force main and flow shedding
to transfer flows from the Buccaneer system to WWTP #1. The force main consists of both directional
drilling and open cut construction methodology.
Eighteen contractors prequalified for the project and sixteen contractors attended the Mandatory Pre -
Bid Meeting. Contractors were allowed to bid in four different ways:
• Option 1 - Open Cut portion of the project only
• Option 2 - Directional Drill portion of the project only
• Option 3 - Complete Project as designed
• Option 4 - Contractor's Choice, allowing contractor to directional drill the open cut portions of
the project
Five contractors submitted bids. A bid analysis was completed and after correction of mathematical or
typographical errors the results were as follows:
Contractor Callaway JB Coxwell John Woody, Petticoat- TB Landmark
Contracting, Contracting, Inc. Schmitt Civil Construction,
Inc. Inc. Contractors, Inc.
Inc.
Option 1 $1,260,305.13 $1,234,1 $1,094,966. $1,062,500.00 $1,156,
Option 2 No Bid No Bid No Bid No Bid $4
Option 3 $1,738,095 $1,691,879.45 No Bid $1,792,200.00 No Bid
Option 4 No Bid N Bid No Bid No Bid $1,50
The low bid results from a combination of two contractors who bid Option 1 and Option 2, Petticoat
Contracting, Inc. and TB Landmark Construction for a total cost of $1,501,634.41.
The second low bid in the amount of 1,508,406.27 from TB Landmark Construction was for Option 4
(Contractor's Choice) and includes directional drilling in lieu of open -cut construction along Selva
Marina Drive. The City Commission may wish to consider this bid, as it eliminates the disruption of
open cut construction along Selva Marina Drive for an additional $6,771.86. (As per the bid
documents, "The Owner reserves the right to waive formalities in any Bid, to reject any or all bids with
AGENDA ITEM # 813
DECEMBER 13, 2010
or without cause, and/or to accept the Bid or any portion thereof that, in its judgment, will be in the best
interest of the Owner. ")
BUDGET: A total of $3,676,048 was budgeted for the project in the Sewer Fund under account
number 410 - 5506 -535 -6300.
RECOMMENDATION: Award a contract for Bid No. 0910 -13 for the Open Cut portion of the
Buccaneer Phaseout Force Main Project to Petticoat - Schmitt Civil Contractors, Inc. in the amount of
$1,062,500 and award a contract for the Directional Drill portion of the project to TB Landmark
Construction, Inc. in the amount of $439,134.41 for a total of $1,501,634.41. Alternatively, award a
contract to TB Landmark Construction, Inc. for Option 4 which includes directional drilling along
Selva Marina Drive. Authorize the City Manager to sign the contract(s).
ATTACHMENTS: 1. Bid Tabulation for Bid No. 0910 -13
2. Bid Evaluation and Letter of Recommendation from JCEA
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8B
DECEMBER 13, 2010
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AGENDA ITEM # 8C
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: TMDL Wastewater Compliance Project — Wastewater Treatment Plant No. 1
Upgrades, Bid No. 10 11 -0 1
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: December 6, 2010
BACKGROUND: The City's project to meet the Total Maximum Daily Load (TMDL) for nitrogen,
as directed by the City Commission, is to upgrade Wastewater Treatment Plant #1 (WWTP #1),
abandon the Buccaneer Wastewater Treatment Plant #2 and construct a force main and flow shedding
to transfer flows from the Buccaneer system to WWTP #1.
The upgrade to Wastewater Treatment Plant #1 will include modifications to piping, tankage and
equipment to provide biological nutrient removal to meet advanced treatment standards for nitrogen.
Seven contractors prequalified and attended the Mandatory Pre -Bid Meeting. Six contractors submitted
bids. A bid analysis was completed and after correction of mathematical errors the results were as
follows:
Contractor Indian River Meadors Ortega PCL Civil Sawcross,
WPC
Industrial Construction Industrial Constructors, Inc. Industrial
Contractors, Co., Inc. Contractors Inc. Contractors,
Inc. LLC
Total Bid, $5,176,500 $5,103,000 $5,341,040 $5,894,700 $6,095,250 $5,000,940
including
5%
continge
Additive $134,000 $150,000 $133,153 $111, ,
400 $145 000 $129,000
Alt. #1 —
Blower
Additive $230,000 $230,000 $248,293 $251,000 $265,000 $245,000
Alt. #2 —
S lide G ates
The low responsive bidder was WPC Industrial Contractors, LLC in the amount of $5,000,940 for the
total bid.
Two additive alternates were included in the bid. Additive Alternate #1 replaces an old blower for the
sludge treatment facilities with a new, more efficient type of blower which will save energy costs. Staff
recommends deferring award of Additive Alternate #1 until any future sludge facility design is
implemented as per our engineer's recommendation. Additive Alternate #2 replaces eleven existing
slide gates that are currently corroded and difficult or impossible to open and shut with new slide gates
made of non - corrosive materials. Staff recommends deferring award of Additive Alternate #2 until it is
AGENDA ITEM # 8C
DECEMBER 13, 2010
determined whether the gates can be repaired under the construction contract as per our engineer's
recommendation.
BUDGET: A total of $5,981,000 for TMDL WWTP #1 Upgrade is in the current Sewer Fund
budget under account number 410 - 5508 -535 -6300.
RECOMMENDATION: Award a contract for Bid No. 1011 -01 TMDL Wastewater Compliance
Project, Wastewater Treatment Plant #1 Upgrades to WPC Industrial Contractors, LLC in the amount of
$5,000,940. Defer award of Additive Alternate #1 and Additive Alternate #2. Authorize the City
Manager to sign the contract for Bid No. 1011 -01.
ATTACHMENTS: 1. Bid tabulation for Bid No. 1011 -01
2. Bid Evaluation and Letter of Recommendation from J. Collins
Engineering Associates, LLC
REVIEWED BY CITY MANA
AGENDA ITEM # 8C
DECEMBER 13, 2010
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AGENDA ITEM # 8D
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: TMDL Wastewater Compliance Project— Sludge and Odor Control
Improvement
Design, Change Order No. 4
SUBMITTED BY: Donna Kaluzniak, CEP, Utility Director
DATE: December 7, 2010
BACKGROUND: As part of the Wastewater TMDL Compliance Project, the City
Commission authorized additional study of sludge treatment improvements, electrical analysis
and odor control evaluation. A workshop to review the results of the studies was held on
December 6, 2010.
The new biological nutrient removal process will increase the amount of sludge produced. This
will tax the existing inefficient sludge treatment system to its maximum capability, requiring
sludge treatment upgrades in the near future.
The electrical system and sludge studies determined that by upgrading the existing sludge
handling system at Wastewater Treatment Plant #1, the City could obtain additional energy
savings of at least $55,000 per year and other benefits including reduced operations and
maintenance costs, reduction of potential landfill tipping fees, and improved wastewater and
sludge treatment. In addition, providing mechanical dewatering in an enclosed building would
reduce potential odors.
The odor control study determined that odors can be reduced by providing an odor control
system to capture and treat gases from the influent screens as well as the proposed sludge
treatment building if needed.
Estimated sludge treatment costs range from $1.7 million for minimum improvements to $2
million for additional improvements. Estimated odor control improvements range from
$269,000 for minimum improvements to $327,000 if odor control is needed for the new sludge
building.
Staff requested a proposal for engineering design of Sludge Treatment and Odor Control
Improvements to include bidding assistance, construction engineering and a full time resident
inspector for the two months extending beyond the treatment plant upgrades that were recently
bid.
Total cost for design, bidding assistance, construction engineering and inspection to include the
additional sludge treatment and odor control improvements is $234,914.
AGENDA ITEM # 8D
DECEMBER 13, 2010
BUDGET: Because bids for the TMDL WWTP Upgrade and Buccaneer Phaseout Forcemain
came in $3 million under budget, funds are available for the design and construction of the
Sludge and Odor Control Upgrades.
RECOMMENDATION: Approve Change Order No. 4 to J. Collins Engineering Associates,
LLC (JCEA) contract for the TMDL Wastewater Compliance Project in the amount of $234,914
for the Sludge Treatment Facility and Odor Control Improvements engineering, and authorize the
City Manager to sign the Change Order.
ATTACHMENTS: 1. Change Order No. 4 from JCEA
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8D
DECEMBER 13, 2010
Change Order No. 4
Task Order No. 1, 2 &3 - TMDL Improvements to WWTP #1
Sludge Treatment Facility & Odor Control Improvements
Scope of Services Cost Breakdown
City of Atlantic Beach
JCEA Project Number 09 -105
This Change Order pertains to an Agreement by and between City of Atlantic Beach ( "OWNER "), and
HDR Engineering, Inc. ( "HDR "), dated March 23 d , 2009, ( "Task Order No 5 ") which was assigned to J.
Collins Engineering Associates, LLC. (JCEA) on October 19, 2009. JCEA shall perform services on the
project described below as provided herein and in the Agreement. This Change Order shall not be
binding until it has been properly executed by both OWNER and JCEA. Upon execution, this Change
Order shall supplement Task Order No 4 as it pertains to the project described below.
PROJECT NAME: City of Atlantic Beach - TMDL Improvements to WWTP #1, Phase I - Sludge Treatment
Facility Improvements - JCEA Project Number 09 -105
1. PART 1.0 PROJECT PURPOSE: The existing sludge facilities at WWTP 1 have been adapted
from the former wastewater treatment facilities on site: Sewage Treatment Plant (STP) 1 and
STP 2. The use of these facilities has been cost - effective for CoAB but is inefficient in terms of
space and function. Overall, the facilities are not in good condition and are due for upgrading.
Consolidation and improvement of these facilities is justified and will improve the overall plant
operation. Upgrades are necessary to reliably treat the expected design sludge quantities at the
plant and maintain cost - effective operations. Therefore the sludge processing capacity at
WWTP #1 would be expanded.
2. A sludge evaluation report was completed and the recommendations are to upgrade the sludge
treatment facility not only for reliability and capacity but energy savings. Currently there are
nine blowers at the current Wastewater Treatment Facility #1 that represents at least 40% of
the energy usage at the WWTP. The project for sludge improvements combined with the
ongoing WWTP #1 Improvements for TMDL Compliance can reduce the number of blowers to
four or five.
3. The Phase I - Sludge Treatment Facility Improvements will also produce a dewatered sludge
product with lower water content to minimize disposal costs. With the probability that the City
of Jacksonville will in the near future, charge tipping fees for the disposal of sludge, the
dewatered sludge product will save future hauling and disposal costs.
4. A preliminary odor control study and evaluation was completed. The recommendations are to
add new odor control facilities. Recognizing the highly subjective nature of odors and the
extreme variability of severity over time, the recommendations also stress the need for
flexibility and the ability to utilize different technologies /techniques. New facilities at WWTP #1
should include means to contain odors as well as source abatement.
Part 2.0 SCOPE OF SERVICES: The scope of services includes:
AGENDA ITEM # 8D
DECEMBER 13, 20I0
The work included under Sludge Treatment Facility and Odor Control Improvements are:
TASK 1 - PRELIMNARY DESIGN /FINAL DESIGN /PERMITTING
Pr0liminary Design
1. Perform Limited Preliminary Study - Life Cycle Evaluation of Sludge Equipment (Thickening)
a. Capital Cost (Installed equipment, ancillary equipment, building, and odor control)
b. Life Cycle Cost (Sludge disposal, Chemical, power, and estimated 0 & M costs)
c. Performance (sludge cake dryness, energy efficiency)
d. Ease of operation, maintenance,
e. Manufacturer /representative support
2. Evaluate Odor Control Equipment Options to reduce odors at the Influent Screens and also to
support the sludge improvements.
3. Prepare summary report. Meet and review with City and select most cost - effective method of
sludge thickening and odor control.
Final Design
1. Design Phase will include existing digester consolidation by modifications to one existing single
unit digester (existing Davco Tank) to provide improvements in digestion; new WAS pumps,
construction of a new, mechanical dewatering system and building. Design for Odor Control
will include new odor control equipment to treat air from existing influent screens and sludge
dewatering building. Design will include covering of influent screens.
2. Digester consolidation would include:
a. New piping upgrades throughout existing sludge treatment facility
b. Upgrade of the Davco Tank to include Valves w /extensions /cranks; New air supply
lines; and valves and decanter
c. New Digested Sludge Transfer Pumps
d. New Mechanical Dewatering System
e. New Building for Mechanical Dewatering System
3. Miscellaneous site improvements including site grading and access drive to new building.
4. Electrical and Instrumentation design to support new sludge treatment and odor control
operations.
5. Provide 30% and 60% Design Documents to City & Perform Design Review with the City.
Permitting
1. Prepare FDEP Minor Permit Modification
2. Determine if FDEP Environmental Resource Permit is required due to site improvements.
TASK 2 -BID SERVICES
1. Prepare Bid Documents for Bidders
2. Address Bidder's Questions
3. Issue Addendums /Clarifications
4. Attend Bid Opening
AGENDA ITEM # 8D
DECEMBER 13, 2010
5. Review Bids & Make Recommendation for Award
TASK 3- CONSTRUCTION ADMINISTRATIVE SERVICES
1. Construction Administration Services : The Construction Administration Phase Services include
the following Tasks:
2. Task 3A -Construction Administration (CA) Basic Services— Sludge & odor Control
Improvements: Services provided by Engineer include:
Representation of Owner in all project meetings and other field matters relating to the
construction of the project.
Attend Preconstruction conference
Review and process Shop Drawings and O &M Manuals
Review and process Pay requests
Conduct periodic site visits to review the work progress
Answer Contractor or Owner questions
Review Change Order requests and prepare Change Order(s) as required
Conduct Pre -Final and Final inspections and generate punch lists
Review As -built drawings and prepare CADD Record Drawings
Develop FDEP Compliant Overall O &M Summary Manual Based on Equipment O& M
Manuals provided by Equipment Vendors
Certify project completion to FDEP
3. Task 3B - Additional Construction Services - Construction Observation —Phase I - Sludge
Treatment Facility Improvements: Increase time for onsite construction observation services
on a full time basis during the construction phase. Project is estimated to extend two months
beyond the WWTP #1 construction schedule so additional time for the Construction Observer
would be 2 months for this project. The Construction Observer will provide observation services
up to 2 months and after that time observer services may be extended if desired by the City.
PART 3.0 JCEA's COMPENSATION FOR SERVICES:
1. Compensation for Basic Services: Compensation for the services outlined above (Task 1
through Task 3A /B) and further shown in Attachment "A" shall be lump sum credit in the
amount of ($219,914). The breakdown is
Task 1— Design — $113,391
AGENDA ITEM # 8D
DECEMBER 13, 2010
Task 2 — Bidding - $15,718
Task 3 (A &B) — $90,805
Total - $219,914
Option (Design for Improved Sludge Facilities) _ $15,000
AGENDA ITEM # 8D
DECEMBER 13, 2010
IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of 2010.
(Date) (Month)
City of Atlantic Beach J. Collins Engineering Associates, LLC.
"OWNER" "JCEA"
BY: BY:
NAME: Mr. James Hanson NAME: John E. Collins, Jr.
TITLE: City Manager TITLE: President
ADDRESS: 800 Seminole Rd. ADDRESS: 11516 -3 San Jose Blvd.
Atlantic Beach, Fl. 32233 Jacksonville , FI 32223
TELEPHONE: 904/247 -5800 TELEPHONE: 904/262 -4121
AGENDA ITEM # 8E
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Ordinance for Placement and Maintenance of Utility Facilities
in the Public Rights -Of -Way within the City
SUBMITTED BY: Rick Carper, P.E., Public Works Director - A
DATE: December 6, 2010
BACKGROUND: Federal and State of Florida laws have been revised in recent years to
restrict the ability of municipalities to require Franchise Agreements from utilities for use of
public rights -of -way to provide their services. This proposed ordinance is intended to place
all requirements for utility providers using the public rights -of -way in a single location.
The proposed ordinance includes requirements for utility providers to obtain permits for
installation or maintenance of facilities, registration of primary points of contact for each
utility, notification of the transfer or sale of existing facilities, and a requirement for timely
utility adjustments to avoid impacting City capital projects.
The draft ordinance has been forwarded to the following utilities for review and comment:
ATT, Comcast, JEA, TECO- Peoples Gas, and Ferrell Gas. To date, comments and
questions for clarification have been received from ATT and Comcast.
RECOMMENDATION: Direct Staff to bring proposed ordinance back for First Reading.
BUDGET: This ordinance is not anticipated to require any dedicated funding to enforce.
ATTACHMENT: (1) Draft Ordinance
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8E
DECEMBER 13, 2010
ORDINANCE NO. -10-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW
SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE
OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAYS WITHIN
THE CITY, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 19 of the Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended by adding a new section to be numbered Section 19 -8, which section shall read
as follows:
"Sec. 19 -8. Utility rights of way.
(1) Short title. This article shall be known and may be cited as the city utility rights-
of -way ordinance.
(2) Intent and purpose. It is the intent and purpose of the city to promote the public
health, safety, and general welfare by: providing for the placement or maintenance of utility
facilities, including communications facilities, in the public rights -of -way within the city;
adopting and administering reasonable rules, regulations, and policies not inconsistent with
federal and state laws including F.S. § 337.401,(2000), as amended, the city's home -rule
authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996
and other federal and state laws; establishing reasonable rules, regulations, and policies necessary
to manage the placement or maintenance of utility facilities in the public rights -of -way by all
utility service companies and providers; and minimizing disruption to the public rights -of -way.
(3) Definitions. For purposes of this article, the following terms, phrases, words, and
their derivations shall have the meanings given. Where not inconsistent with the context, words
used in the present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The words "shall" and
"will" are mandatory, and the word "may" is permissive. Words not otherwise defined shall be
construed to mean the common and ordinary meaning.
Abandonment shall mean the permanent cessation of all uses of a utility facility; provided
however, that this term shall not include cessation of all use of a facility within a physical
structure where the physical structure continues to be used. By way of example, and not
limitation, cessation of all use of a cable within a conduit, where the conduit continues to be
used, shall not be abandonment of a facility in public rights -of -way.
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AGENDA ITEM # 8E
DECEMBER 13, 20I0
The City shall mean Atlantic Beach, Florida.
Communications services shall mean the transmission, conveyance, or routing of voice, data,
audio, video, or any other information and signals to a point, between points, or among points by
or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method
now in existence or hereafter devised, regardless of the protocol used for such communication,
transmission, or conveyance. Notwithstanding the foregoing, for purposes of this section "cable
service," as defined in F.S. § 202.11(2), (2000), as amended, is not included in the definition of
"communications services," and cable service providers shall be subject to ordinances of the
city.
Utility services company and provider shall mean any person, including a City or state, providing
utility services through the placement or maintenance of any facilities in public rights -of -way.
"Utility services company and provider" shall also include any person, including a City or state,
that places or maintains facilities in public rights -of -way, but does not provide public utility
services. "Utility Services Company and provider" shall also include any contractors and
subcontractors of any person, including a city or state.
Communications facility or facility or system shall mean any permanent or temporary plant,
equipment, and property including, but not limited to cables, wires, conduits, ducts, fiber optics,
poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location
markers, appurtenances, and other equipment or pathway placed or maintained, or to be placed or
maintained, in the public rights -of -way of the city and used, or capable of being used, to transmit,
convey, route, receive, distribute, provide, or offer communications services.
Facility shall mean any non -city owned permanent or temporary plant, equipment and property,
including but not limited to gas, electric, communications, water, sewer and other types of
facilities, cables or conduit, ducts, fiber optics, poles, antennae, converters, splice boxes,
cabinets, hand holes, manholes, vaults, surface location markers, appurtenances, and other
equipment, construction, or pathway placed or maintained or to be placed or maintained in
rights -of -way of the City.
FCC shall mean the Federal Communications Commission.
In public rights -of -way or in the public rights -of -way shall mean in, on, through, over, under, or
across the public rights -of -way.
Ordinance shall mean this ordinance.
Person shall include any individual, children, firm, association, joint venture, partnership, estate,
trust, business trust, syndicate, fiduciary, corporation, organization, or legal entity of any kind,
successor, assignee, transferee, personal representative, and all other groups or combinations.
Place or maintain or placement or maintenance or placing or maintaining shall mean to erect,
construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or relocate. A
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AGENDA ITEM # 8E
DECEMBER 13, 2010
utility services company or provider that owns or exercises physical control over
communications facilities in public rights -of -way, shall be considered as "placing or
maintaining" the facilities. A person providing communication service only through resale or
only through use of a third party's unbundled network elements is not "placing or maintaining"
the communications facilities through which such service is provided.
Public rights -of -way shall mean a dedicated public right -of -way, highway, roadway, street,
bridge, tunnel, or alley for which the city has authority, jurisdiction, control, and may lawfully
grant access pursuant to applicable law and includes the surface, the air space above the surface,
and the area below the surface. Public rights -of -way shall not include private property. Public
rights -of -way shall not include any real or personal property of the city, except as described
herein and shall not include the city's parks or other non- rights -of -way open spaces, buildings,
fixtures, poles, conduits, facilities, structures, appurtenances, or improvements regardless of
whether they are situated within or without the public rights -of -way. Public rights -of -way shall
not include existing and future private easements, private rights -of -way, leases, contracts, or
agreements between the city and any other party or entity.
Registrant shall mean a utility services company and provider registered with the city in
accordance with the provisions of this section.
Registration or register shall mean the process described in this section whereby a utility services
company and provider performs certain duties and provides certain information to the city.
(4) Registration.
(a) A utility services company or provider that desires to place or maintain a
facility in public rights -of -way in the city shall first register with the city in accordance
with this article. Subject to the terms and conditions prescribed in this section, a registrant
may place and maintain facilities in public rights -of -way. A company or provider not
covered by an existing franchise agreement with the city shall be required to register
hereunder.
(b) The act of registration shall not convey any title, equitable or legal, to the
registrant in the city's public rights -of -way. Registration under this article embodies only
the placement or maintenance of facilities in public rights -of -way. Registration does not
excuse a utility services company or provider from obtaining appropriate and required
access or pole attachment agreements before locating facilities on the city's facilities or
another person's facilities. Registration does not excuse a utility services company or
provider from complying with all applicable city ordinances, codes, or regulations
including this section or payment of all applicable franchise fees or taxes.
(c) Each utility services company or provider that desires to place or maintain a
facility in public rights -of -way in the city shall file a registration with the city which shall
include the following information:
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AGENDA ITEM # 8E
DECEMBER 13, 2010
(1) Name of the applicant;
(2) Name, address, email address, and telephone number of the
applicant's primary contact person in connection with the registration, and the
name, address, email address, and telephone number of the person to contact in
case of an emergency;
(3) Evidence of the insurance coverage required under this section and
acknowledgment that applicant has received and reviewed a copy of this section;
however, the acknowledgment of the receipt of this section shall not be deemed an
agreement;
(4) The applicant's certificate of authorization or license number to
provide utility services issued by the state public service commission, the Federal
Communications Commission, or other federal or state authority, if any, having
jurisdiction; and
(5) For an applicant that does not provide a state public service
commission certificate of authorization number, if the applicant is a corporation,
proof of authority to conduct business in the state. A certificate number from, or
filing with, the Florida Department of State will be acceptable.
(d) The city shall review the information submitted by the applicant. Such
review shall be conducted by the city manager or the city manager's designee. If the
applicant submits information in accordance with this article, the registration shall be
effective and the city shall notify the applicant in writing of the effectiveness of the
registration. If the city determines that the information has not been submitted in
accordance with this article, the city shall notify the applicant in writing of the non -
effectiveness of the registration, and reasons for the non - effectiveness. The city shall
notify an applicant within thirty (30) calendar days after receipt of the registration
information from the applicant. Non - effectiveness of registration shall not preclude an
applicant from filing subsequent applications for registration.
(e) A registrant may cancel a registration upon written notice to the city stating
that registrant will no longer place or maintain any facilities in public rights -of -way
within the city and registrant will no longer require permits to perform work in public
rights -of -way. A registrant shall not cancel a registration if the registrant continues to
place or maintain any communications facilities in public rights -of -way.
(f) Registration does not establish a right or provide authority to place and
maintain or establish priority for the future placement or maintenance of facilities in
public rights -of -way within the city, but shall establish for the registrant, a right to apply
for a permit from the city. Registrations are expressly subject to any future amendment to
or replacement of this article and further subject to any new or existing city laws, as well
as any new or existing federal or state laws, rules, and regulations which may be enacted
or which have been enacted.
(g) A registrant shall renew its registration with the city by the first day of April
of even numbered years in accordance with the registration requirements in this section,
4
AGENDA ITEM # 8E
DECEMBER 13, 2010
except that a registrant that initially registers during the even numbered year when
renewal would be due or the odd numbered year immediately preceding such even
numbered year shall not be required to renew until the next even numbered year. Within
thirty (30) calendar days of any change in the information required herein; a registrant
shall provide updated information to the city. If the information in the then- existing
registration has not changed, the renewal may provide that no information has changed.
Failure to renew a Registration may result in the city restricting the issuance of additional
permits until the utility services company or provider has complied with the registration
requirements of this article.
(h) In accordance with applicable city ordinances, codes, regulations, or policies
a permit shall be required of a utility services company or provider that desires to place or
maintain a facility in public rights -of -way. An acceptable and approved registration shall
be a condition precedent to requesting and obtaining a permit. Notwithstanding an
acceptable and approved registration, permitting requirements shall always apply. A
permit may be obtained by a Registrant having an acceptable and approved registration if
all permitting requirements are met.
(5) Notice of transfer, sale or assignment of assets. If a registrant transfers, sells, or
assigns the assets located in public rights -of -way or incident to a transfer, sale, or assignment of
the registrant's assets the transferee, the buyer, or the assignee shall be fully obligated to comply
with the terms of this section and any franchise agreement that may be in place. Written notice of
any such transfer, sale, or assignment shall be provided by such registrant to the city within
twenty (20) calendar days after the effective date of the transfer, sale, or assignment. If the
transferee, buyer, or assignee is a current registrant then the transferee, buyer, or assignee may
not be required to re- register. If the transferee, buyer, or assignee is not a current registrant, then
the transferee, buyer, or assignee shall register as provided herein within thirty (30) calendar days
of the transfer, sale, or assignment. If permit applications are pending in the registrant's name the
transferee, buyer, or assignee shall notify the city that the transferee, buyer, or assignee is the
new applicant.
(6) Placement or maintenance of facilities.
(a) A registrant shall, at all times, comply with and abide by all applicable
provisions of federal and state laws, regulations, rules and the city ordinances, codes,
regulations, and policies in placing and maintaining facilities in public rights -of -way.
(b) A registrant shall not commence to place or maintain facilities in public
rights -of -way until all applicable permits, if any, have been issued by the city and other
appropriate authorities. Registrant acknowledges and accepts that, as a condition of
granting any permits, the city may impose reasonable rules, regulations, and policies
governing the location, placement, and maintenance of facilities in public rights -of -way.
(c) If a registrant chooses to use a sub- contractor as permitting agent, any
application submitted by the agent must include contact information for the registrant
5
AGENDA ITEM # 8E
DECEMBER 13, 2010
supervisor in charge.
(d) As part of the permit application to place a new or replace or maintain an
existing facility in public rights -of -way, the registrant shall provide not less than the
following:
(1) A description of the location of the proposed facilities including a
narrative description and a scaled pictorial drawing of the facilities to be installed,
where the facilities are to be located, and the size of facilities to be located in
public rights -of -way; and
(2) A description of the construction methods or techniques which will be
used to install the facilities; and
(3) A maintenance plan for disruption of traffic; and
(4) A statement concerning the ability of the public rights -of -way to
accommodate the proposed facility; and
(5) An estimate of the cost of and schedule for the restoration to the
public rights -of -way; and
(6) A timetable for project construction and each phase thereof, and the
areas within the city which will be affected; and
(7) Such additional information as the city finds necessary with respect to
the placement or maintenance of the facility that is the subject of the permit
application.
(e) To the extent not otherwise prohibited by federal or state laws, the city shall
have the power to prohibit or limit the placement of new or additional facilities within
particular areas of all public rights -of- way.
(f) All facilities shall be placed and maintained so as not to interfere with the use
of the public rights -of -way by the public and with the rights and convenience of property
owners who adjoin the public rights -of -way. The use of trenchless technology, joint
trenching, and co- locating of facilities in existing conduit in the public rights -of -way is
strongly encouraged and shall be employed when feasible. In all cases where a road has
been resurfaced within the past five (5) years, installation of new facilities or repair of
existing facilities shall be done without cutting the paved road surface, unless otherwise
specifically approved by the Public Works Director. Protection of existing trees shall be
a requirement for all new facilities and repair of existing facilities. The city manager or
the city manager's designee may promulgate rules, regulations, and policies concerning
the placement and maintenance of facilities in public rights -of -way consistent with this
article and other applicable federal and state laws.
(g) All safety practices required by applicable municipal, state, and federal laws
or accepted industry practices and standards, shall be used during the placement or
maintenance of facilities in public rights -of -way.
(h) After the completion of any placement or maintenance of a utility facility in
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AGENDA ITEM # 8E
DECEMBER 13, 2010
public rights -of -way or each phase thereof, the registrant shall at the registrant's expense,
restore the public rights -of -way to the original condition, or superior to the original
condition, which existed before such placement or maintenance. If the registrant fails to
complete the restoration within thirty (30) calendar days, following the completion of
such placement or maintenance, the city may perform the restoration and charge the total
costs of the restoration to the registrant in accordance with F.S. § 337.402,(2000), as
amended. For twelve (12) calendar months following the original completion date of the
work, the Registrant shall guarantee the restoration work and shall correct, at the
Registrant's expense, any restoration work which does not satisfy the requirements of the
city. For installations or maintenance which impact public use of the right of way in any
fashion, repairs shall be expedited. Full access shall be restored within two working
days, unless specifically allowed additional time by the Public Works Director.
(i) Where placement of new facilities includes installation of significant
equipment cabinets or junction boxes, the Public Works Director, at his option, may
require installation of a landscape buffer. Plants for this buffer, if required, shall be
consistent with adjacent landscaping and shall use plants meeting the Florida Friendly
standard and will be approved by the Public Works Director.
0) Removal or relocation, at the direction of the city of a registrant's existing
facility in public rights -of -way, shall be governed by the provisions of F.S. § 337.403 and
§ 337.404 (2000), as amended. A failure to remove or relocate facilities as directed
which results in a construction delay in an ongoing city project, will result in the utility
owner paying any delay costs assessed to the city by the contractor.
(k) An approved permit from the city shall constitute authorization to undertake
only certain activities in public rights -of -way in accordance with this article, and the
permit does not create a property right or grant authority to impinge upon the rights of
others who have an interest in the public rights -of -way.
(1) A registrant shall maintain its facility in public rights -of -way in a manner
consistent with accepted industry practice and applicable law.
(m) In connection with excavation in the public rights -of -way, a registrant shall
where applicable, comply with the Underground Facility Damage Prevention and Safety
Act set forth in F.S. Ch. 556, (2000), as amended.
(n) A registrant shall use and exercise due caution, care, and skill in performing
work in the public rights -of -way and shall take all reasonable and necessary steps to
safeguard the entire work area and the general public. Locate flags or other temporary
markers, other than paint, used to mark existing facilities, whether placed by the utility
doing the work or a central contractor, shall be removed by the utility performing work in
the right of way when work requiring the marking is completed or when marking is no
longer valid, as defined in F.S. Ch. 556.107 (3) (i.e., after 30 days).
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AGENDA ITEM # 8E
DECEMBER 13, 2010
(o) Upon request of the city, and as notified by the city of the other work,
construction, installation, or repairs, a registrant may be required to coordinate all
placement and all maintenance activities with any other work, construction, installation,
or repairs which may be occurring, or scheduled to occur, in public rights -of -way. A
registrant may be required to alter an installation and maintenance schedule to minimize
disruptions and disturbance in the public rights -of -way.
(p) A registrant shall not place or maintain facilities which interfere with,
displace, damage, or destroy other facilities including, but not limited to, sewer mains,
gas mains, water mains, electric facilities, stormwater drains, pipes, cables, conduits, and
all other facilities occupying the public rights -of -way.
(q) The city makes no expressed or implied warranties or representations
regarding the fitness, suitability, or availability of the city public rights -of -way for the
registrant's facilities and any performance of work, costs incurred, or services provided by
registrant shall be at registrant's exclusive risk. Nothing in this article shall affect the city
authority to add, increase, vacate, or abandon public rights -of -way, and the city makes no
expressed or implied warranties or representations regarding the availability of any
added, increased, vacated, or abandoned public rights -of -way for facilities.
(r) The city shall have the right and authority to make any inspections, at any
time, of facilities placed or maintained in public rights -of -way as the city determines
necessary to ensure compliance with this article. Additionally, the city shall have the
right and authority to require utilities to repair or replace damaged surface mounted
facilities such as junction boxes or pull terminals. Such requirement will be
communicated to the appropriate utility by the Public Works Director.
(s) A permit application to place a new or maintain an existing facility in public
rights -of -way shall include plan and profile drawings which show the actual location of
the facilities in the public rights -of -way. If the drawings require revision based upon
actual installation, the registrant shall promptly provide the revised as -built drawings to
the city. The drawings shall be in a hard copy format and an electronic format specified
by the city. All such drawings, data and information shall be provided at no cost to the
city.
(t) The city reserves, without limitation, the exclusive right to place, maintain,
and permit to be placed or maintained, all sewer, gas, water, electric, stormwater
drainage, communications, all other types of facilities, cables, or conduits and to do, and
to permit to be done, any underground and overhead installations or improvements which
may be deemed necessary or proper by the city in public rights -of -way that may be
occupied by a registrant. The city further reserves, without limitation, the exclusive right
to alter, change, or cause to be altered or changed the grading, installation, relocation, or
width of the public rights -of -way within the limits of the city and within said limits as the
limits may, from time to time, be altered.
8
AGENDA ITEM # 8E
DECEMBER 13, 2010
(u) A registrant shall, upon request of any person holding a permit issued by the
city, temporarily adjust any facilities to allow for work authorized by other permits. The
expense of such temporary adjustments of facilities shall be paid by the person requesting
the adjustment and the registrant shall have the right to request such payment of expense
in advance. If the city requests temporary or permanent adjustments of a registrant's
existing or proposed facilities to allow for work to be done by the city, its contractors, or
its agents, however, all expenses and costs related to the adjustments of the registrant's
temporary or permanent facilities, shall be the responsibility of and shall be paid by the
registrant. The registrant shall be given not less than fifteen (15) calendar days advance
written notice to arrange for such temporary or permanent adjustments.
(v) Wireless facilities which are an appurtenance of a communication facility,
which are located within public rights -of -way, and which lie within or adjacent to a
zoning district where a communication facility is a permitted use pursuant to chapter 34
of the Code of Ordinances, shall be subject to not less than the following criteria:
(1) Structures installed to serve as a mounting device for antennae, except
those structures owned by the city, are expressly prohibited from being placed in
the public rights -of -way;
(2) Wireless facilities shall comply with any applicable federal
communications commission emissions standards;
(3) The design, construction, and installation of wireless facilities shall
comply with all applicable building codes;
(4) No signs shall be allowed on wireless facilities except warning and
informational signs approved, in advance, by the city;
(5) All equipment within the public rights -of - - way which are used in
conjunction with a wireless facility shall comply with all applicable municipal
rules, regulations, policies, and ordinances.
(7) Suspension of permits. The city shall have the exclusive authority to suspend or
revoke a permit for any work in the public rights -of -way for due cause and for one or more of the
following reasons:
(a) Violation of permit conditions including any conditions set forth in the
permit, this section, or other applicable city ordinances, codes, policies, rules or
regulations governing placement or maintenance of facilities in public rights -of -way; and
(b) Misrepresentation or fraud by registrant in a registration or permit application
to the city; or
(c) Failure to properly renew a registration or ineffectiveness of a registration; or
(d) Failure to relocate or remove facilities as required by the city. The city
manager or the city manager's designee may provide a notice and the opportunity for a
registrant to cure any violation or failure described herein.
9
AGENDA ITEM # 8E
DECEMBER 13, 2010
(8) Involuntary termination of registration.
(a) The city may terminate a registration for due cause, reason, and for one or
more of the following:
(1) Federal or state authority suspends, denies, or revokes a registrant's
certification or license to provide communication or utility services; or
(2) The registrant's placement or maintenance of facilities in the public
rights -of -way presents a danger to the general public or other users of the public
rights -of -way and the registrant fails to remedy the danger promptly after receipt
of notice; or
(3) The registrant ceases to use all of the facilities in public rights -of -way
or has not complied with the requirements of this section.
(b) Prior to termination, the registrant shall be notified by the city manager or the
city manager's designee, by a written notice which sets forth all pertinent matters to the
proposed termination action and describing the intended action of the city. The registrant
shall have thirty (30) calendar days after the date of such notice to eliminate the reasons
for the termination. In the event the registrant has not eliminated the reasons for the
notice of termination at the end of the thirty (30) calendar day period, the termination
shall be final.
(c) In the event of termination, a former registrant shall: (1) notify the city of any
anticipated assumption by another Registrant of ownership of the terminated registrant's
facilities in public rights -of -way; and (2) provide the city with an acceptable plan for
disposition of its facilities in public rights -of -way. If a terminated registrant fails to
comply with this section, the city may exercise any remedies or rights it has at law or in
equity including, but not limited to, taking possession of the facilities when another
person has not assumed ownership or physical control of the facilities or requiring the
registrant, within ninety (90) calendar days of the termination or such period as may be
agreed to by the registrant, to remove part or all of the facilities from the public rights-of-
way and restore the public rights -of -way to the original condition. All expenses incurred
by the city or its agents to remove part or all of the facilities and to restore the public
rights -of -way to the original condition shall be paid by the registrant.
(d) A terminated registrant shall take all steps necessary to render safe every
portion of the facilities remaining in the public rights -of -way of the city.
(e) In the event of termination of a registration, this section does not authorize
the city to remove or cause the removal of facilities used to provide another service for
which the registrant or another person who owns or exercises physical control over the
facilities holds a valid certification or license with the governing federal or state agency,
if required for provision of such service, and is also registered with and holds a valid
permit issued by the city.
10
AGENDA ITEM # 8E
DECEMBER 13, 2010
(9) Existing facilities in public rights -of -way. A utility services company or provider
with an existing facility in the public rights -of -way of the city shall have ninety (90) calendar
days from the effective date of this section to comply with the terms of this section including, but
not limited to registration, or shall be in violation of this section.
(10) Insurance.
(a) A registrant shall provide, pay for, and maintain satisfactory to the city, not
less than the types and coverage limits of insurance described herein. All insurance shall
be from and issued by responsible companies duly authorized to conduct business in the
state and having a rating acceptable to the city. All liability policies shall provide that the
city is an additional insured as to the activities under this section. The required coverages
must be evidenced by properly executed certificates of insurance forms. The certificates
must be signed by the authorized representative of the insurance company and shall be
filed and maintained annually with the city. Thirty (30) calendar days advance written
notice by certified mail or facsimile, as determined by the city, must be given to the city
of any cancellation, intent of cancellation, intent not to renew, or reduction in the types of
policies or coverage limits. The insurance requirements may be satisfied by evidence of
self- insurance or other types of insurance acceptable to the city.
(b) The types of coverage and limits of coverage of insurance required shall not
be less than the following:
(1) Worker's Compensation and Employer's Liability Insurance.
Worker's Compensation - Florida Statutory Requirements.
Employer's Liability.
$1, 000, 000 limit each accident
$1, 000, 000 limit each employee
(2) Comprehensive General Liability.
Bodily Injury and Property Damage.
$2, 000, 000 combined single limit each occurrence.
(3) Automobile Liability.
Bodily Injury and Property Damage.
$2, 000, 000 combined single limit each accident.
(Ord. No. 2001 -7813, 6 -4 -01)
(11) Indemnification.
(a) A registrant shall, at the registrant's cost and expense indemnify, hold
harmless, and defend the city its officials, boards, members, agents, contractors, and
employees against any and all claims, suits, causes of action, proceedings, judgments for
damages or equitable relief, costs, and expenses incurred by the city arising out of the
placement or maintenance of utility systems or facilities in public rights -of -way, whether
placed by the registrant or a contractor or subcontractor to the registrant, regardless of
11
AGENDA ITEM # 8E
DECEMBER 13, 2010
whether the act or omission is authorized, allowed, or prohibited by this section provided,
however, that a registrant's obligation hereunder shall not extend to any claims caused by
the gross negligence, wanton acts, or willful acts of the city. This provision includes, but
is not limited to, the city's reasonable attorneys' fees incurred in defending against any
such claim, suit, or proceedings. The city agrees to notify a registrant in writing, within a
reasonable period of time, of any issue the city determines may require indemnification.
Nothing in this section shall prohibit the city from participating in the defense of any
litigation by its own counsel and at its own expense. Nothing contained in this section
shall be construed or interpreted: (1) as denying to any person or entity a remedy or
defense available to such person or entity under the laws of the state; or (2) as a waiver of
sovereign immunity beyond the waiver provided in F.S. § 768.28, (2000), as amended.
(b) The indemnification requirements shall survive and shall be in effect after a
termination or cancellation of a registration.
(12) Construction bond.
(a) Prior to issuing a permit, when the work authorized by a permit will require
restoration of public rights -of -way, the city shall require a construction bond to secure the
restoration of the public rights -of -way. Notwithstanding the foregoing, a construction
bond hereunder shall only be required to the extent that the cost of the restoration exceeds
the amount recoverable against the security account as provided herein. The construction
bond shall be issued by a surety having a Triple A Rating or equivalent acceptable to the
city; shall be subject to the approval of the city manager or the city manager's designee;
and shall provide that: "For twelve (12) calendar months after issuance of the bond, the
bond shall not be canceled, or allowed to lapse until sixty (60) calendar days after receipt
of written notice by the city, by certified mail, return receipt requested, from the issuer of
the bond of the issuer's intent to cancel or to not renew the bond."
(b) The rights reserved by the city with respect to any construction bond
established pursuant to this section are in addition to all other rights and remedies the city
may have under this section, under other ordinances, at law, or at equity.
(c) The rights reserved by the city under this section are in addition to all other
rights of the city, whether reserved in this section, or authorized by law and no action,
proceeding, or exercise of a right with respect to the construction bond shall affect any
other rights of the city.
(13) Security account. At or prior to the time a registrant receives the initial permit to
place or maintain facilities in public rights -of -way after the effective date of this section, the
registrant shall, at the sole discretion of the city, be required to file with the city, for the city
approval, an annual bond, cash deposit, or irrevocable letter of credit in the sum of $50,000
having as a surety a company qualified to do business in the state, and shall be referred to as the
"security account." The security account shall be maintained from such time through the: (a)
transfer, sale, assignment, or removal of all facilities in the public rights -of -way; or (b) twelve
12
AGENDA ITEM # 8E
DECEMBER 13, 2010
(12) calendar months after the termination or cancellation of any registration. The security
account shall be conditioned upon the full and faithful performance by the registrant of all
requirements, duties, and obligations imposed upon registrant by the provisions of this section
and other ordinances, as amended. The security account shall be furnished annually or as
frequently as necessary to provide 'a continuing guarantee of the registrant's full and faithful
performance at all times. In the event a registrant fails to perform the duties and obligations
imposed upon the registrant by the provisions of this section, there shall be recoverable, jointly
and severally from the principal and surety of the security account, any damages or loss suffered
by the city as a result, including the full amount of any compensation, indemnification, cost of
removal, relocation, or abandonment of any facilities of the registrant in public rights -of -way,
including a reasonable allowance for attorneys' fees, up to the full amount of the security
account. The city shall not pay registrants interest on any monies held by the city in a registrant's
security account.
(14) Enforcement remedies.
(a) A registrant's failure to comply with provisions of this section shall constitute
a violation of this Ordinance and shall subject the registrant to the code enforcement
provisions and procedures as provided in F.S. Ch. 162, (2000) and F.S. § 166.0415,
(2000), as amended. In addition, violation of this section may be punishable as provided
in F.S. § 162.22, as amended and as provided in the city ordinances.
(b) Failure of the city to enforce any requirements of this section shall not
constitute a waiver of the city right to enforce the violation or subsequent violations of
the same type or to seek appropriate enforcement remedies.
(15) Abandonment.
(a) Upon anticipated abandonment or the abandonment of facilities owned by a
registrant in public rights -of -way, the registrant shall notify the city within thirty (30)
calendar days of the anticipated abandonment or the abandonment.
(b) The city may, at its sole discretion, direct the registrant by written notice to
remove all or any portion of such abandoned facility at the registrant's expense if the city
determines that the presence of the abandoned facility interferes with the public health,
safety, or welfare which shall include, but shall not be limited to, a determination that
such facility: (1) compromises safety at any time for any public rights -of -way user or
during construction or maintenance in public rights -of -way; (2) interferes with or
prevents the city or another person from locating facilities in the area of public, rights-of-
way, including the potential to impact future construction or maintenance; or (3) creates a
maintenance condition which is disruptive to the intended use of the public rights -of -way.
(c) In the event the city does not direct the removal of the abandoned facility, the
registrant by notice of abandonment to the city, shall be deemed to consent to the
alteration or removal of all or any portion of the facility by the city or by another person.
13
AGENDA ITEM # 8E
DECEMBER 13, 2010
(d) If the registrant fails to remove all or any portion of an abandoned facility as
directed by the city within a time period as required by the city, the city, or its agents,
may perform such removal and charge the entire cost of the removal to the registrant.
(16) Force majeure. In the event a registrant's performance of or compliance with any
of the provisions of this section is prevented by a cause or event not within the registrant's
control, such inability to perform or comply shall be deemed excused and no penalties or
sanctions shall be imposed as a result provided, however, that such registrant has used all
available means to expeditiously cure or correct any such inability to perform or comply. For
purposes of this article, causes or events not within a registrant's control shall include, without
limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires, natural disasters, acts of
public enemies, riots, civil disturbances, sabotage, strikes, and restraints imposed by order of a
governmental agency or court. Causes or events within registrant's control and therefore, not
within this section shall include, without limitation, registrant's financial inability to perform or
comply, economic hardship, misfeasance, malfeasance, and nonfeasance by any of registrant's
directors, officers, employees, contractors, or agents.
(17) Reservation of rights and remedies.
(a) The city reserves the right to amend this section, from time to time, as it shall
find necessary.
(b) This section shall be applicable to all utility facilities placed in public rights -
of -way on or after the effective date of this section and shall apply to all existing facilities
in the public rights -of -way prior to the effective date of this section, to the full extent
permitted by federal and state laws.
(c) The adoption of this section is not intended to affect or amend any rights or
defenses of the city or a utility services company or provider under any existing
franchises, licenses, or other agreements with a utility services company or provider.
(d) Nothing in the section shall affect the remedies the city or the registrant have
available under applicable federal and state laws."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of ,
2011.
PASSED by the City Commission on second and final reading this day of
2011.
14
AGENDA ITEM # 8E
DECEMBER 13, 2010
ATTEST:
Donna L. Bussey, City Clerk Mike Borno, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
15
AGENDA ITEM # 8F
DECEMBER 13, 2010
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Authorization to Sign Sub -Grant Agreement Between City of
Jacksonville and City of Atlantic Beach for Energy Funding
DATE: December 3, 2010��,
SUBMITTED BY: David E. ThompsESn, Asst. City Manager
BACKGROUND:
The City of Jacksonville is receiving a direct allocation of funding from the ARRA Energy
program, and they have allocated a total of $103,400 for City of Atlantic Beach projects.
Specifically, the money from Jacksonville will be used for energy audits, city building
retrofits, and to upgrade a vehicle purchase to a hybrid. This funding, passed down through
Jacksonville, is also going to be used as matching money for an additional $234,789 State
Energy Program grant that has been previously discussed with the City Commission.
To complete the agreement with Jacksonville, staff needs authorization for the Mayor to sign
the related documents.
There are several attachments to the agreement that are being finalized by authorities from
the Department of Energy. Once these attachments have been finalized, the agreement will
be provided to the Mayor for signatures.
BUDGET: The agreement will provide $103,400 in funding to enhance energy savings in
Atlantic Beach, while providing matching funding for the State Energy Program Grant.
RECOMMENDATIONS: To authorize the Mayor to sign the proposed agreement
discussed above.
ATTACHMENTS: Proposed Sub Grant Agreement between Atlantic Beach and
Jacksonville
REVIEWED BY CITY MANAGER:
A NDA ITEM NUMBER:
AGENDA ITEM # 8F
DECEMBER 13, 2010
SUB -GRANT AGREEMENT BETWEEN
THE CITY OF JACKSONVILLE
AND
CITY OF ATLANTIC BEACH
THIS SUB -GRANT AGREEMENT (this " Agreement ") is made and entered
into in triplicate on this day of , 2010, by and between the City
of Jacksonville, a municipal corporation located at 117 West Duval Street, Suite 400,
Jacksonville, Florida 32202 (hereinafter referred to as " Jacksonville "), and the City of
Atlantic Beach, a municipal corporation, located at 800 Seminole Road, Atlantic Beach,
FL 32233 (hereinafter referred to as " Recipient " or " Sub- Grantee ");
WITNESSETH:
WHEREAS, the United States Department of Energy (the " Government ") has
provided a $7,891,500 Energy Efficiency and Conservation Block Grant (the " Grant ") to
Jacksonville, of which $103,400 (the " Sub- grant ") is allocated to the Recipient as
follows: $22,500 is intended to facilitate that portion of the Municipal Government Audit
Program, $76,000 is intended to facilitate that portion of the Municipal Government
Retrofit Program and $4,900 is intended to facilitate that portion of the Metropolitan
Government Clean Transportation Program described on Exhibit A attached hereto to be
performed by Recipient at the location(s) set forth on Exhibit B (the " Project ") in the
City of Atlantic Beach, Florida; and
WHEREAS, Jacksonville and Recipient agree that Jacksonville has entered into
an Assistance Agreement (Award No. DE- EE0000777) signed by the U.S. Department of
Energy on April 2, 2010, attached hereto as Exhibit C and incorporated herein by this
reference (the " Grant Agreement ") with the Government regarding the disbursement of
the Grant and the completion of the Project and Recipient will agree to perform certain of
Jacksonville's responsibilities as to the Project under said Grant Agreement; and
WHEREAS, the Government is in favor of the Project and desires that the parties
work jointly to accomplish design and construction of the Project in this manner; and
WHEREAS, Jacksonville and Recipient agree that a formally executed
agreement between the parties will be in the best interest of both parties; and
WHEREAS, Jacksonville and Recipient now desire to set forth their agreement
regarding the design and construction, costs and funding of the Project in this written
Agreement; now therefore
IN CONSIDERATION of the mutual promises and covenants contained herein,
Jacksonville and Recipient agree as follows:
Section 1. OBLIGATIONS
1.1 Jacksonville shall be responsible for:
1
AGENDA ITEM # SF
DECEMBER 13, 2010
(a) Entering into and executing the Grant Agreement with the
Government that will allow Jacksonville to provide overall management of the
entire project design and construction efforts.
(b) Overseeing the entire Project to confirm compliance with all Grant
Agreement conditions.
(c) Performing all administrative and financial liaison with the
Government, including invoicing, coordination of plan review and applicable
standards.
(d) Ensuring all appropriate and applicable purchasing regulations and
requirements are followed in the bidding, selection of contractor and
administration of the construction of the Project.
1.2 Recipient shall be responsible for:
(a) Providing funding for the Project for costs in excess of the amount
provided in Section 2.1 hereof. If costs for the Project are in excess of Three
Hundred Thirty Eight Thousand One Hundred Eighty Nine Dollars ($338,189),
which is the combination of the Recipient's portion of the Jacksonville grant and
a State funded grant of $234,789, the Recipient may elect to reject the Grant
funding and to terminate this Agreement.
(b) Negotiating and paying for design services for the Project by a
separate contract between Recipient and a design professional (if applicable).
(c) Conducting timely reviews of all plans, including approval prior to
release for bidding the Project, specifications, invoices and other project materials
submitted to Recipient for concurrence.
(d) Any Project cost overruns or change orders.
(e) Performing all aspects of the Project, including, but not limited to
supervising, design, and bidding in accordance with the Grant Agreement.
(f) Following the payment guidelines set forth in Exhibit D attached
hereto (the " Payment Guidelines ").
(g) Following the procurement guidelines set forth in Exhibit E
attached hereto (the " Procurement Guidelines ").
(h) Follow guidelines set forth in the Programmatic Agreement
between the U.S. Department of Energy, the Florida Department of Community
Affairs, the Florida Energy and Climate Commission and the Florida State
Historic Preservation Office Regarding EECBG, SEP and WAP Undertakings
dated June 1, 2010 and attached hereto as Exhibit F .
2
AGENDA ITEM # 8F
DECEMBER 13, 2010
(i) Conform to the requirements set forth in the Energy Efficiency and
Conservation Block Grant (EECBG) Program Subgrantee Information Packet
provided by Jacksonville on July 12, 2010.
1.3 Notice Provision.
All notices under this Agreement shall be delivered by certified mail, return
receipt requested, or by other delivery with receipt to the following:
As to Jacksonville:
Kevin B. Grant
Grant Contract Coordinator
Environmental and Compliance Department
407 North Laura Street, Suite 600
Jacksonville, Florida 32202
With copies to:
City of Jacksonville
Office of the General Counsel
117 West Duval Street, Suite 480
Jacksonville, Florida 32202
Attn: Corporation Secretary
As to the Recipient:
David E. Thompson
Assistant City Manager
City of Atlantic Beach, Florida
800 Seminole Road
Atlantic Beach, FL 32233
Section 2. FUNDING RESPONSIBILITY
2.1 Jacksonville shall provide to Recipient an amount not -to- exceed One
Hundred Three Thousand Four Hundred and 00 /100 Dollars, as authorized and
appropriated in Ordinance 2010 -440 -E to assist with the Project according to the schedule
set forth in Exhibit G attached hereto (the " Payment Schedule ") and expended by
Recipient on or after July 27, 2010 (the date of approval of 2010 - 440 -E).
Section 3. DEFAULT AND REMEDIES
3.1 A default shall consist of the breach or anticipatory breach of any
covenant, agreement, representation, provision, or warranty entered into between
Jacksonville and Recipient relating to the Project. If a default, breach or anticipatory
breach occurs, the party not in default may, at any time or from time to time, proceed to
enforce its remedy under this Agreement by suit in equity, action at law or by any other
3
AGENDA ITEM # 8F
DECEMBER 13, 2010
appropriate proceeding for damages or other relief, or proceed to take any action
authorized or permitted under the applicable laws or regulations. No party shall act upon
any default until it has given the party in default written notice of the default and thirty
(30) days within which to cure the default.
Section 4. GENERAL PROVISIONS
4.1 Jacksonville and Recipient each bind the other and their respective
successors and assigns in all respects to all of the terms, conditions, covenants and
provisions of this Agreement. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of Jacksonville or Recipient nor shall it be
construed as giving any right or benefit hereunder to anyone other than Jacksonville,
Recipient, their successors and assigns.
4.2 All parties agree to comply with all applicable laws, rules and regulations,
federal, state and local, in its performance under this Agreement and its implementation.
4.3 No waiver by any party at any time of any of the terms, conditions,
covenants, and agreements herein, or of any default, shall be deemed or taken as a waiver
at any time thereafter of the same or any other term, condition, covenant or agreement
herein contained, nor of the strict and prompt performance thereof.
4.4 This Agreement constitutes the entire agreement between Jacksonville and
Recipient. No statement, representation, writing, understanding, agreement, course of
action or course of conduct, made by either party, or any representative of either party,
which is not expressed herein shall be binding. No change in, modification of, or
supplement to this Agreement shall be valid or enforceable unless it is enacted in writing
and signed by the duly authorized representatives of Jacksonville and Recipient by formal
amendment.
4.5 The use of the singular in this Agreement shall include the plural and the
pronouns shall be considered as masculine, feminine or neutral in gender wherever the
context so requires.
4.6 Should any provision of this Agreement be determined by any court of
competent jurisdiction to be illegal or in conflict with any federal, state or local law or
ordinance or rule or regulation, such provision shall be deemed severed from the
Agreement and the validity of the remaining provisions shall not be impaired.
4.7 This Agreement may be executed in several counterparts, each of which
shall be deemed to be an original; and all of such counterparts together shall constitute
one and the same instrument.
Section 5. MEMBERS OF LOCAL GOVERNING BODY,
OR THEIR PUBLIC OFFICIALS
5.1 No member, officer or employee of the governing body of the locality in
which the Project is situated, and no other public official of such locality or localities who
4
AGENDA ITEM # 8F
DECEMBER 13, 2010
exercises any functions or responsibilities with respect to the program during his/her
tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract
or subcontract, or the proceeds thereof, for work performed in connection with the
Project maintained under this Agreement. This prohibition shall apply to all contracts or
subcontracts in connection with the maintenance of the Project.
[Remainder of page left blank intentionally. Signature page follows immediately.]
5
AGENDA ITEM # 8F
DECEMBER 13, 2010
IN WITNESS WHEREOF, the parties hereto by and through their respective authorized
representatives has caused this Agreement to be executed on the day and year first above
written.
ATTEST: CITY OF JACKSONVILLE:
By: By:
Neill W. McArthur, Jr. John Peyton
Corporation Secretary Mayor
WITNESS: CITY OF ATLANTIC BEACH
By: By:
Name: Name:
Its:
By:
Name:
In accordance with the Ordinance Code of the city of Jacksonville, I do hereby certify that
there is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to
cover the foregoing agreement, and that provision has been made for payment of all monies
provided therein to be paid.
Director of Administration and Finance
City Contract Number:
Form Approved:
By:
Office of General Counsel
6
AGENDA ITEM # 8F
DECEMBER 13, 2010
STATE OF FLORIDA
COUNTY OF DIIVAL
The foregoing instrument was acknowledged before me this day of
, 2010, by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation
Secretary, respectively, of the City of Jacksonville, a municipal corporation, on behalf of the
corporation. Such persons are personally known to me.
(x)
[Print or type name]
NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
2010, by ., the of a
corporation, on behalf of the corporation. Such persons are personally known to
me.
(x)
[Print or type name]
NOTARY PUBLIC
G: \Gov't Operations \Juliana \Central Operations \DOE Grant \Subgrant \Subgrant Agreement Template v03 10- 08- 10.doc
7
AGENDA ITEM #8G
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Change Order No. 12 to Royal Palms Drainage Rehabilitation
Project (PW0905)
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: December 7, 2010
BACKGROUND: At the July 27 2009 meeting, the Commission approved the award of a
contract to R.B. Baker Construction, Inc. for construction of the Royal Palms Drainage
Rehabilitation Project (PW0905) in the amount of $3,197,823.46 for the base bid and
selected additive alternates and a contingency of 10% of the base bid.
Change Order No. 12 includes reconciliation for field changes, removes several utility
adjustments contained in the Base Bid but not required and removes the remaining
resurfacing which will be done separately by contracting with Duval Asphalt as covered by a
separate staff report. This resurfacing change results in a reduction of $ 63,484.20 in the
total project amount that will be applied along with additional funds from the Gas Tax
Account to resurfacing the designated streets in the Royal Palms subdivision.
Also included in this Change Order is the addition of a portion of Additive Alternate F, which will
allow repairing the piping between Plaza Drive and Bonita Road using a trenchless
technology rather than direct bury. This change is requested to avoid the possible need for
condemnation to obtain temporary construction easements to remove and replace the very
large existing storm pipes and avoid possible future liability for structural problems related to
digging close to existing homes. Working with the contractor, Staff has identified a different
process for lining (centrifugally applied spray on concrete) that reduces the additional cost of
lining this pipe by over $29,000 from the original bid process (CIPP) for lining this pipe
segment. Pipe lining has been used on four other segments in this project, one in the Base
Bid and three as part of previously approved Change Orders.
The project contingency amount at inception was $257,067; $66,564 was added from deletion of
Cutlass Drive and Wahoo Drive (Add. Alt K) segments and deletion of replacement of a
portion of the AC water main on Plaza Drive (Add. Alt J). Contingency balance after
processing this change order will be $10,408.89 after amount cited above is transferred for
resurfacing.
RECOMMENDATION: Authorize the City Manager to execute Change Order No. 12 to the R.B.
Baker Construction contract.
BUDGET: This project is funded from the Stormwater Fund, Account No.
470 - 0000 - 538 -6300. The total contract price with this change order will remain
$3,197,823.46, including contingency.
ATTACHMENT: (1) Proposed Change Order No. 12
(2) Contingency Balance Spreadsheet
REVIEWED BY CITY MAN GER:
AGENDA ITEM 4 8G
DECEMBER 13, 2010
CHANGE ORDER NO. 12
Contractor: R.B. Baker Construction, Inc. Owner: City of Atlantic Beach
249 Industry Place
St. Augustine, FL 32095 Date: November 15, 2010
Attention: Chuck Chaon City Bid No.: 0809 -08
Project: Royal Palms Drainage Rehabilitation Project
You are hereby requested to comply with the following changes in the Contract Documents:
1, Revised Scope of Work
DECREASE IN INCREASE IN
UNIT PRICE CONTRACT CONTRACT
ITEM NO. DESCRIPTION CITY UNIT $ PRICE $ PRICE $
Site Preparation
1 Concrete Driveway 5" Demo and Dispose 520 SY $16.00 - $8,320.00
2 Case X Repair Demo and Dispose 3193 SY $10.61 x $33,877.73
3 Miami Curb and Gutter Demo and Dispose 1,595 LF $7.67 $12,233.65
Pavement Restoration and Repairs
4 Concrete Driveway (5 ") 520 SY $32.76 $17,035.20
5 Case X Repair 3132 SY $30.33 $94,993.56
6 Miami Curb and Gutter 1595 LF $14.61 $23,302.95
7 Cold Patch Deleted -2000 SY $6.90 $13,800.00
8 Asphalt Mobilization 2 LS $2,875.00 a, $5,750.00
9 Sod 5547 SY $2.77 $15,365.19
Pipe over /under under by Design Changes
10 15" RCP 2 LF $39.38 w $78.76
11 18" RCP -12 LF $42.44 - $509.28
12 24" RCP -37 LF $49.43 - $1,$2$•91
13 30" RCP 239 LF $59.74 $14,277.86
14 36" RCP -262 LF $68.85 - $18,038.70
15 42" RCP -133 LF $89.41 -$11,891.53
16 48" RCP -15 LF $102.32 - $1,534.80
17 60" RCP 4 LF $158.24,n _ $632.96
18 12x18 RCP 1 LF $59.77 $59.77
19 1423 RCP 6 LF $60.79 °" $364.74
20 19x30 RCP -18 LF $61.84 - $1,113.12
21 24x38 RCP 16 LF $95.37, �. $1,525.92
22 29x45 RCP 33 LF $98.44 y $3,248.52
23 3453 RCP 13 LF $127.19 $1,653.47
24 38x60 RCP 3 LF $170.63 $511.89
Restrain Existing 8 Watermain Amberjack& Bonita ,
25 Crew Day 1 DY $3,273.00r $3,27370
26 Materials 1 LS $419.54 $419.54
Deleted Scope
27 Renew 1" Water Services D9 -11 EA 1210.28 - $13,313.08
28 5' Block Wall Redfin Easement -10 LF $26.25 - $262:50
AGENDA ITEM # 8G
DECEMBER 13, 2010
29 Concrete Sidewalk Deduct -850 SY $37.94 - $32,249.00
30 Quercus Virginiana - Live Oak 4" -10 EA $428.42 - $4,284.20
31 Ilex Attenuata - Holly 4" -15 EA $399.02 - $5,985.30
32 Sabel Palmetto -Sabel Palm 10" -5 EA $224.71 - $1,123.55
33 Raphiolepis Indica - Indian Hawthorn 3 Gal -38 EA $11.81 - $448.78
Sanitary Sewer Adjustments
34 Renew San. Srvc. (6 ") (with Clean -out) -60 EA $404.53 - $24,271.80
35 Adjust Sanitary Force Main (8 ") (Case A) -1 EA $2,256.94 - $2,256.94
36 Adjust Sanitary Force Main (8 ") (Case B) -1 EA $2,441.79 - $2,441.79
Water System Adjustments
37 Renew 1" Water Service -70 EA $1,124.38 - $78,706.60
38 Adjust Water Main (6 ") (Case A) -1 EA $1,448.26 - $1,448.26
39 Adjust Water Main (8 ") (Case A) -1 EA $1,798.49 - $1,798.49
40 Adjust Water Main (8 ") (Case B) -1 EA $2,887.51 - $2,887.51
41 Adjust Water Main (10 ") (Case B) -1 EA $2,117.24 - $2,117.24
42 Adjust Water Main (12 ") (Case B) -3 EA $2,658.60 - $7,975.80
43 Gate Valve, Box & Cover (6 ") (Contingency) -2 EA $1,378.98 - $2,757.96
44 Gate Valve, Box & Cover (8 ") (Contingency) -3 EA $1,665.13 - $4,995.39
45 Gate Valve, Box & Cover (12 ") (Contingency) -2 EA $2,372.09 - $4,744.18
Milling & Resurfacing
46 Mill Existing Pavement 2" Ave -2915 SY $2.36 - $6,879.40
47 Asphalt Concrete Type S -111 -2915 SY $7.55 - $22,008.25
48 Mill Existing Pavement 2" Ave -3333 SY $2.36 - $7,865.88
49 Asphalt Concrete Type S -1 -3333 SY $8.02 - $26,730.66
South Rear Easement Plaza to Bonita
50 Conc. Sidewalk 4" Deduct -23 SY $31.73 - $729.79
51 38x60 RCP Delete -225 LF $172.24 - $38,754.00
52 Connect to Existing Structure Deduct -3 EA $1,392.07 - $4,176.21
53 40x65 Conc. Liner 106 LF $266.00 $28,196.00
54 4402 Conc. Liner 119 LF $302.00 $35,938.00
55 Liner Sub Mobilization 1 LS $5,235.00 $5,235.00
TOTAL 1 - $ 349,928.90 $306,293.71
NET CHANGE IN CONTRACT PRICE - $43,635.19
The above Revised Scope of Work will be added to the existing Purchase Order for the project. 90 days will be added to the Contract
Completion Date. Revised Project Completion Date is March 17, 2011.
Accepted By: Date:
Contractor
Approved By: Date:
Owner
AGENDA ITEM # 80
DECEMBER 13, 2010
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AGENDA ITEM # 8H
DECEMBER 13, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Royal Palms Resurfacing Completion
SUBMITTED BY: Rick Carper, P.E., Public Works Director..
DATE: Dec 3, 2010
BACKGROUND: In October, the Commission approved Staffs proposal to complete
the Royal Palms resurfacing using the COJ Annual Resurfacing Contract
(formerly BJP). The Commission also approved additional resurfacing planned
as Additive Alternate G2 to the Royal Palms Project with the result that all streets
in the subdivision with a 2009 Overall Condition Index (OCI) of less than 60 are
being resurfaced and also included additional needed resurfacing on Plaza Drive
near City Hall.
Staff now recommends the Commission authorize adding the segment of Plaza Drive
between Sailfish Drive and City Hall to the authorized resurfacing project. This
addition will result in a completely restored driving surface on Plaza Drive from
Mayport Road to the 5 Way Intersection. This segment of Plaza has a 2010 OCI
of 42. Additional cost to resurface this entire 1800 LF segment rather than the
355 LF segment proposed in October is approximately $32,000.
Total cost to complete the proposed resurfacing, as shown in Attachment 1, is
approximately $155,000. Staff recommends allowing a 10% contingency to
allow for the Bituminous Adjustment included in the COJ contract that may be
different from the value on file.
BUDGET: This project is funded from the Gas Tax Fund, Account No.
130- 5002 - 541 -3400; with $203,000 allocated for FY2010 -2011.
RECOMMENDATION: Commission approve contracting with Duval Asphalt by `piggy-
backing' on COJ's annual Resurfacing Contract for resurfacing as allowed by the
City's Purchasing Code 2- 336(6).
ATTACHMENTS: 1. Cost Estimate for Proposed Mill & Resurface
2. Royal Palms Resurfacing Summary
REVIEWED BY CITY MANAGE
AGENDA ITEM # 8H
DECEMBER I3, 20I0
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Proposed Ordinance for Placement and Maintenance of Utility Facilities
in the Public Rights -Of -Way within the City
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: December 6, 2010
BACKGROUND: Federal and State of Florida laws have been revised in recent years to
restrict the ability of municipalities to require Franchise Agreements from utilities for use of
public rights -of -way to provide their services. This proposed ordinance is intended to place
all requirements for utility providers using the public rights -of -way in a single location.
The proposed ordinance includes requirements for utility providers to obtain permits for
installation or maintenance of facilities, registration of primary points of contact for each
utility, notification of the transfer or sale of existing facilities, and a requirement for timely
utility adjustments to avoid impacting City capital projects.
The draft ordinance has been forwarded to the following utilities for review and comment:
ATT, Comcast, JEA, TECO- Peoples Gas, and Ferrell Gas. To date, comments and
questions for clarification have been received from ATT and Comcast.
RECOMMENDATION: Direct Staff to bring proposed ordinance back for First Reading.
BUDGET: This ordinance is not anticipated to require any dedicated funding to enforce.
ATTACHMENT: (1).Draft Ordinance
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 8H
DECEMBER 13, 2010
Cost. Comparison - Royal Palms Bid Prices to COJ Annual Contractor - Duval Asphalt
Base Bid and Additive Alternate G1- R. B. Baker (remaining quantities)
Mill Existing Pavement 2" Ave SY 2915 $2.36 $6,879.40
Asphalt Concrete Type S -111 SY 2915 $7.55 $22,008.25
Mill Existing Pavement 2" Ave SY 3333 $2.36 $7,865.88
Asphalt Concrete Type S -1 SY 3333 $8.02 $26,730.66
Total $63,484.19
Base Bid and Additive Alternate G1- Duval Asphalt
Mill Existing Pavement 2" Ave SY 2915 $2.36 $6,879.40
Asphalt Concrete Type S -111 Tons 241 $78.44 $18,904.04
Mill Existing Pavement 2" Ave SY 3333 $2.36 $7,865.88
Asphalt Concrete Type S -1 Tons 275 $75.91 $20,875.25
Total $54,524.57
Additive Alternate G2 - R. B. Baker
Mill Existing Pavement (2" Avg.) SY 7;336 $2.96 $21,714.56
Asphaltic Concrete Type S -1 (1 -1/2 ") SY 2,600 $9.06 $23,556.00
Asphaltic Concrete Type S -111 (1 -1/2 ") SY 4 $7.84 $37,130.24
ALTERNATE G2 TOTAL $82,400.80
ALTERNATE G2 - Duval Asphalt
Mill Existing Pavement (2" Avg.) SY 7,336 $1.50 $11,004.00
Asphaltic Concrete Type S -1 (1 -1/2 ") Tons 215 $75.91 $16,282.70
Asphaltic Concrete Type S- 111(1 -1/2 ") Tons 391 $78.44 $30,670.04
ALTERNATE G2 TOTAL $57,956.74
Additional Plaza Drive Resurfacing (City Hall)
Mill Existing Pavement (2" Avg.) SY 5,000 $1.50 $7,500.00
Asphaltic Concrete Type S -1 (1 -1/2 ") Tons 413 $75.91 $31,350.83
Total $38,850.83
Total Cost - COJ / Duval $154,764.30
110 # /SY
SY to Tons Conversion SY /inch Thickness Tons
Base Bid & Alt G1 - S -1 2915 0.055 1.5 240.49
S-3 3333 0.055 1.5 274.97
Alt G2 - S -1 2600 0.055 1.5 214.50
S -3 4736 0.055 1.5 390.72
Plaza Drive - S -1 5000 0.055 1.5 412.50
AGENDA ITEM # 8H
DECEMBER 13, 2010
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AGENDA ITEM # 9A
DECEMBER 13, 2010
December 2, 2010
MEMORANDUM
TO: The Honorable Mayor
and Members of the Commission
FROM: Jim Hanso
anager
SUBJECT: City Manag is Report
Alcohol Deployment; The most recent alcohol deployment conducted by the Police Department to try to
make sales of alcohol to minors occurred on November 23 Nineteen attempts were made at various
area businesses. The underage person used by the Police Department was unable to buy alcohol at any of
the city businesses.
In a related matter, at a recent commission meeting the results of a previous alcohol deployment were
reported. Three businesses that sold alcohol in that deployment had past records of selling alcohol to
minors on several occasions. Mayor Borno wrote letters to the corporate management of each of the three
businesses. Corporate staff from one of those has since obtained copies from the Police Department of
the past reports of sales and indicated that they would take significant personnel actions as a result.