The URL can be used to link to this page

Agenda Item 1 - Draft Minutes for ApprovalMINUTES REGULAR CITY COMMISSION MEETING December 13, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Daugherty 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 22, 2010. Motion: Approve the minutes of the Regular Commission Meeting of November 22, 2010, as written. Moved by Fletcher, Seconded by Parsons 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 presented a Proclamation to Tasha White, Alice Stratton and Kathie McGuinness, representatives for the Beaches Women's Partnership, in recognition of the achievements of the Beaches Women's Partnership for their work with women to help them break the cycle of violence in their lives. He further explained that, due to the current economy, funding became an issue for this group and they do not have sufficient funds to stay in business but they have provided for almost five years a very vital service to the women of the beaches. He stated he hopes as the economics change that they will take the challenge and come back again. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Ryan Schmitt, 11025 Blasius Rd., addressed Agenda Item 813, stating he is the owner of Petticoat - Schmitt Civil Contractors who submitted a bid on this project for the open cut and directional drill option and stated they are the low bidder on the project. He stated the contract they bid under was a unit price contract and they bid the engineer's quantities. He stated they found some of those quantities to be less than those provided which reduced the cost by about $35,000, so in actuality they are projecting about a $42,000 reduction in cost to the second option of going all directional drill. He stated Option 4, which will be debated between their bid, is a lump sum, where his is a unit price bid. He stated the City of Atlantic Beach would realize those savings mentioned December 13, 2010 REGULAR COMMISSION MEETING Page 2 earlier of $35,000, plus the $7,000. He stated, also, in the event of unforeseen circumstances there would be a change order to the lump sum option which would raise that price and give more exposure to the City. He further stated, the way the purchasing ordinance reads in the City of Atlantic Beach it states the low bidder shall be awarded the project. Dan Knieriemen, 860 Bonita Road, complimented R.B. Baker for their work on the drainage pipes, stating they are very good contractors, but expressed his concerns about three of his shade trees that will be destroyed when they dig out the corrugated pipe in his yard that is collapsing. He requested that the City line the pipe instead of removing it to prevent damage to his trees and property. He further stated he has discovered another sewer line that runs west to east through his property that is not on his plot which he has been told is 5' x 6'. He stated he wants to install a pool in his back yard so the City either needs to remove the pipe or grout fill it. He stated Mr. Carper informed him today that they are taking bids to decide what to do with that pipe. He reiterated this pipe is also destroying his trees and is within 6' of his house and he is worried about his house because they want to take a 12' excavator and come through there. He stated his property easement is 7.5' and that machine is 20' wide and they want another 2.5' from him which he is not willing to give to them. He stated if the City does not vote in favor of lining the sewer line, he offered an option for them to replace the trees with palm trees but has not heard back about what they are going to do. He stated he was told this was being voted on tonight and he hopes the city can come up with the money to line this and leave his trees in place. Commissioner Daugherty suggested using the tree mitigation fund to replace his trees. Mr. Hanson stated if the Commission approves the change order as it is on the agenda tonight, the pipe he is speaking about will be rehabilitated, not replaced, which will save those trees. 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 Mr. Hanson reported on the financial comparison of the building department year -to- date as requested at the last meeting, stating revenues for the month of October equal $20,478 and expenses equal $24,316, for a net loss of $3,838 before the budget transfer of $5,000 from the General Fund was made. He stated they have budgeted a transfer of $5,000 per month because the economy is down and there is not a lot of building permitting and they will need to subsidize the building department for a few more months until building picks back up. He further reported on the complaint regarding the sod replacement as related to the Royal Palms project and stated the sod used originally has now been removed and replaced with St. Augustine sod. 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 December 13 2010 REGULAR COMMISSION MEETING Palle 3 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` Quarter Report for 2010 and the List of New Business Tax Receipts issued for November 2010. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Woods, Seconded by Fletcher. Commissioner Daugherty pulled Item A. He asked Finance Director Nelson Van Liere to explain the available cash of approximately $4.9 million earning .3% interest. Mr. Van Liere explained they had picked up some Treasury Notes, etc. that have done really well. He stated they purchased a few that got called because they were earning such a good interest rate so they had not yet reinvested that money in that report, although they have done so this month. He further explained that part of the reason for having almost $5 million earning .3% is to keep it liquid. He stated you would have a hard time beating that rate, even with Treasuries going out almost a year and a half to get that kind of return, so we need to have it liquid with the Royal Palms project coming and the financing for TMDL, etc. not having been approved. He stated now that it looks like that is coming together he can probably take more of that $5 million and invest it longer term. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Item 7A was taken out of sequence and acted on at this time. 7A. 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, December 13, 2010 REGULAR COMMISSION MEETING Page 4 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. Mr. Van Liere gave an overview of the two related ordinances, which enable the City to borrow money, and the resolutions. He further explained each of the loans. Mayor Borno stated the Commission has received red -lined copies of each of the Ordinances and asked for a motion to approve the corrected amendment (which is attached and made part of this Official Record as Attachment A) to Ordinance No. 15- 10-11. Motion: Approve amendments to Ordinance No. 15- 10 -11. Moved by Fletcher, Seconded by Parsons. Mayor Borno opened the Public Hearing. Mayor Borno read Ordinance No. 15 -10 -11 by title. No one from the audience spoke so Mayor Borno closed the Public Hearing. Mr. Hanson introduced the bond attorney, Dan Livermore, and Sylvia Dunlap of Dunlap Financial Advisors. Mr. Van Liere explained the changes in the amendment to the Ordinances, stating when they were approved two weeks ago a lot of the details had not been worked out and it was necessary to make some changes that have no impact on the deal or structure of the loans, etc. Mr. Hanson further explained there are similar paragraphs in both Resolutions and Ordinances so the Commission will need to substitute the new language in all four as they get to them. Mr. Van Liere answered questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Motion: Approve Ordinance No. 15 -10 -11 as amended. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 10-15 December 13, 2010 REGULAR COMMISSION MEETING Page 5 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. Mayor Borno read Resolution No. 10 -15 by title and explained the items that have been changed are indicated in the red line copy each Commissioner received (which is attached and made part of this Official Record as Attachment B). Motion: Approve Resolution No 10 -15 as presented tonight with the red lines. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Item 7B was taken out of sequence and acted on at this time. 713. 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. Mayor Borno read Ordinance No. 15 -10 -12 by title. Mayor Borno stated we have heard the summary from the Finance Director and explained the same corrections as the previous Ordinance were given to the Commissioners (which is attached and made part of this Official Record as Attachment Q. Motion: Approve Amendments to Ordinance No. 15 -10 -12 as presented tonight. Moved by Fletcher, Seconded by Parsons. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. December 13. 2010 REGULAR COMMISS MEETING Page 6 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Motion: Approve amended Ordinance No. 15 -10 -12 as amended. Moved by Fletcher, Seconded by Parsons. Commissioner Daugherty asked if the $10.1 million was providing for positive action on the sludge. Mr. Fletcher stated they were approving a not -to- exceed number here; they were not binding their selves. He stated they have not even approved the contracts yet. Mr. Hanson stated it was our intent for Mr. Van Liere to draw down the funds as needed. He stated Commissioner Fletcher was correct that this was the maximum number but we will only draw down what we need to pay the contractors as we go. Mr. Fletcher stated it was also his understanding that we will pay interest only on funds that we draw down as the balance rises. Mr. Van Liere stated that was correct. Commissioner Woods stated it was her understanding that the $892,560 was the money we borrowed from ourselves and asked if there was a reason we have to pay ourselves back. Mr. Van Liere explained it was always the intent that the general fund give a temporary loan to pay for design. He stated we are choosing to let the utility pay for itself with its own debt to pay for the project. Discussion ensued and Mr. Van Liere answered further questions from the Commission. Commissioner Woods asked what our anticipated costs are for borrowing the $892,560. Mr. Van Liere stated it will be $78,000 /year. Commissioner Woods stated at $78,000 over 15 years it seems like we could save a lot by not borrowing it and keep our expenses down. Mr. Hanson stated we could do that but it would reduce our contingency in the general fund below the 25% policy the Commission has set. Mr. Van Liere stated we aren't below the 25% now but we would have less balance available for other projects in the future such as the police building. Commissioner Woods stated, in the future, we could borrow if we needed to. Mr. Van Liere stated yes and we could also pay this off sooner as well. Discussion ensued. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED 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. December 13 2010 REGULAR COMMISSION MEETING Page 7 Mayor Borno read Resolution No. 10 -16 by title. (Red -lined copy is attached and made part of this Official Record as Attachment D.) Motion: Approve Resolution No. 10 -16 as presented tonight. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno recessed the meeting at 6:45 p.m. The meeting was reconvened at 6:52 p.m. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 15- 10 -11, Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. B. ORDINANCE NO. 15- 10 -12, Public Hearing and Final Reading This item was taken out of sequence and acted on earlier in the meeting. 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. Mayor Borno read Ordinance No. 95 -10 -102 by title. Motion: Approve Ordinance No. 95 -10 -102 as read. Moved by Woods, Seconded by Parsons. Principal Planner Erika Hall gave an overview of the Ordinance stating the language is from the State Statutes, with the exception of the fee section, which is an amendment to our existing fees in Chapter 24. She and Assistant City Manager David Thompson answered questions from the Commission. Discussion ensued with each Commissioner expressing their views regarding the Ordinance. December 13. 2010 REGULAR COMMI MEETING Page 8 Mayor Borno stated if the Commission has any concerns they should get with staff to see if, within the law, they could be added to the Ordinance and if so it can be amended at the second reading. Commissioner Fletcher stated if it is changed substantially it would have to come back as another first reading. City Attorney Alan Jensen explained if they put an additional requirement that follows what is already in the Ordinance he does not believe that would be a substantial change in the overall Ordinance but that would be a decision to be made by the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business 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. Erika Hall explained the request for the Use -by- Exception stating it came before the Commission previously but there was a problem with the address. She stated it went back to the Community Development Board once again and they have recommended approval. She asked Lawton Hall to further explain the machinery he will be using. Mr. Hall explained that instead of cutting the surfboard by hand he uses a machine which vacuums up all the dust particles into a collection bag, which is cleaner and has very little waste. He stated his machinery is all kept inside the building. Motion: Approve of Use -by- Exception (File Number UBE- 2010 -05). Moved by Fletcher, Seconded by Woods. Mayor Borno opened the Public Hearing. No one addressed the Use -by- Exception so Mayor Borno closed the Public Hearing. Commissioner Parsons stated he has seen these types of operations before and they are very self contained and clean. He wished Mr. Hall the best of luck. Commissioner Daugherty asked about the building and if Mr. Hall would be working with the door opened. Mr. Hall stated he would not and he is also planning on building a filtration system where the resins are used so they will be sucked into vents with very little chemical release into the air. Commissioner Daugherty asked about the noise created by the machine. Mr. Hall stated it does not create much noise and with it being inside you should not be able to hear it at all. Commissioner Daugherty asked the City Manager if the neighbors to this property were notified of this Use -by- Exception. Mr. Hanson stated it was posted. Commissioner Woods asked if there were any limitations to the hours of operation. Ms. Hall stated there were no limitations. She further explained the Use -by- Exception is specific to what he is doing now and if the business changes it would need to be December 13.2010 REGULAR CO MMISSION MEETING Pate 9 approved. Mayor Bomo asked Mr. Hall how he disposes of the residue which Mr. Hall explained. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED 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. 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). Public Utility Director Donna Kaluzniak recognized the engineer, John Collins, Ryan Schmitt of Petticoat - Schmitt and Tim Ward of TB Landmark. She explained when they bid this project there were four alternatives for the contractors to bid on and further explained those options to the contract. She stated the lowest cost was a combination of Options 1 and 2 with the low bids being from Petticoat - Schmitt for Option 1 and TB Landmark for Option 2 for a total cost of $1,501,634.41. She further explained, as an alternative, the second low bidder was Option 4, TB Landmark's bid of $1,508,406.27 which includes directional drilling along Selva Marina Drive, the golf course and around the water plant. She stated she thought the Commission might want to look at that alternative because of the avoidance of disrupting the neighborhood along Selva Marina and also to provide greater protection for the trees along Selva Marina Drive. She further addressed the comments made by Mr. Schmitt and explained it for him. Commissioner Woods asked several questions regarding the savings Mr. Schmitt referred to and the possible change orders, which Ms. Kaluzniak explained. She also asked where resurfacing Selva Marina Drive was on Mr. Carper's analysis of roadways. Mr. Carper explained the portion from Saturiba north to 20 Street was resurfaced when the City took those streets over and it is in very good shape and is not due to be resurfaced. Commissioner Woods asked Ms. Kaluzniak for clarification of the options, which Ms. Kaluzniak further explained. Commissioner Woods stated she is still opposed to this project plan. She stated it seems clear that this project plan is really Phase 1 of the second option they were given in 2008, which was clearly the most expensive option. She stated she will not be able to support this. Commissioner Parsons asked for clarification of the change orders if Option 4 was selected. Ms. Kaluzniak explained they could not do a unit price change order. Mr. Collins further explained this. Ms. Kaluzniak stated the contractor takes more of a risk on a lump sum job. Motion: Award bid to Petticoat - Schmitt for Option 1 and give the directional drill option to TB Landmark. Moved by Parsons, Seconded by. The motion died due to lack of a second. December 13. 2010 REGULAR COMMISSIO MEETING Page 10 Commissioner Fletcher stated there is the quality of life issue, with not having the road torn up or the threat to the tree canopy, by going with the directional drill option. He stated he believes going with the other bid and having TB Landmark doing the directional drilling all the way through is worth deliberation. Mayor Borno agreed, stating in conjunction with that you don't pay for resurfacing because you are not tearing the surface up, which is also a savings. Ms. Kaluzniak stated the resurfacing was part of the bids. Commissioner Daugherty stated he likes going with a number that is fixed and likes dealing with just one contractor. Motion: 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. Moved by Fletcher, Seconded by Daugherty City Attorney Alan Jensen clarified that in the schedule under Option 4 there is only one bid and it is the lowest bid. Commissioner Daugherty asked if they were authorized to approve this with no other bids. Mayor Borno stated yes. Commissioner Daugherty asked if there was interest in bidding this option from other contractors. Ms. Kaluzniak explained TB Landmark was the only directional drill contractor who bid, although they did have two others who were prequalified and she does not know why they decided not to bid. She stated TB Landmark is a very experienced directional driller and she feels very comfortable with them doing a job like this. Commissioner Daugherty asked if we were allowed to put it back out for bid. Ms. Kaluzniak stated that would be very unfair to the contractors who did put a bid together with their best numbers because everyone has seen their numbers now. Mayor Borno asked if the total price of $1,508,406.27 included contingency. Mr. Collins stated yes it does. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 1 -Woods MOTION CARRIED 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. Motion: 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 Moved by Fletcher, Seconded by Daugherty. Ms. Kaluzniak explained the bid, stating they added two additive alternates, one for the blower as part of the sludge improvements and one for some replacement slide gates. She explained the lowest bidder was WPC Industrial Contractor. She stated at this time staff is recommending to defer on the additive alternates to a later date because they may be able to repair some of the existing slide gates and the alternate for the December 13 2010 REGULAR COMMISSION MEETING Page 11 blower will depend on the result of the sludge improvements and odor control improvements. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED 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. Motion: 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. Moved by Fletcher, Seconded by Parsons. Donna Kaluzniak gave an overview of the Change Order. Commissioner Daugherty stated he had asked for the cost benefit analysis, which Mr. Hanson had sent him by email, but he did not see a copy at the dais. Mr. Hanson stated this did not get done and he apologized. He stated he could read the figures. Commissioner Daugherty stated the analysis basically shows that if we incur the tipping fees it makes sense and is a good investment for us to make but if we don't incur the tipping fees it is a bad investment. He stated the system we have now works and he would like to hold off spending this money until we need to. Mr. Hanson explained the reasons for doing this. Discussion ensued. Commissioner Fletcher stated since we are $3 million under budget on this project he believes it would be the right time to add in to that project our sludge removal. Ms. Kaluzniak stated she spoke with DEP, the State Revolving Fund people, and asked them, since our project came in under budget, could we add the sludge improvements to the SRF loan. She stated they told her because we are piggybacking it on this project, we would only need to do a small facilities plan and we should be able to include it as part of the project. Commissioner Woods stated this seems like a lot of money to be awarding for a no -bid contract. Ms. Kaluzniak explained that engineering is never bid, it is done by a request for proposal and when it was awarded to HDR, which was then transferred to JCEA, it was included and encompassed all of the TMDL work from preliminary design through construction and inspection. She stated if we do this design the same electrical engineer will be integrating the entire blower, SCADA, electronic monitoring, etc. all at the same time. Mayor Borno stated he is in total favor of doing it and doing it now for all the reasons stated and he doesn't have any concerns for the future because the plant should be complete as best as we can make it with today's technology. He further stated the sludge and odor control has to be done and it is something we have the opportunity to take care of right now. Commissioner Woods asked if these additional improvements will be able to handle the flow through the facility to get it up to the 5 million gallons /day or are we only looking at the 3.5 million. Mr. Collins stated these are normally 20 -year planning and 3.5 mgd covers the planning period for the City of Atlantic Beach. He stated 5 mgd was another $10 million and is so far December 13.2010 REGULAR COMMI MEETING Page 12 down the road that if we need it it would be driven by development, not existing usage. He stated they are designing for the current capacity of the plant. Commissioner Woods stated for quality of life, odor elimination is huge and she believes this will help that neighborhood a lot. Ms. Kaluzniak also stated if they retained the current drying beds she does not believe they could do anything about odor control but they will be looking at mechanical dewatering, placing all that in a building and containing the odors in a building which is part of this scope of work. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1 -Daugherty MOTION CARRIED Commissioner Fletcher left the meeting at 8:14. He returned at 8:16 E. Proposed Ordinance for Placement and Maintenance of Utility Facilities in the Public Rights -Of -Way within the City. Public Works Director Rick Carper explained the proposed ordinance, stating it is intended to replace or augment franchise agreements under the current Federal and State laws passed in 2001. Mr. Carper stated he was asking the Commission to direct staff as to whether they should bring this back in January for a first reading. Alan Jensen left the meeting at 8:15 pm. He returned at 8:17. Motion: Direct staff to brim proposed ordinance back for First Reading. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED F. Authorization to Sign Sub -Grant Agreement Between City of Jacksonville and City of Atlantic Beach for Energy Funding. Motion: Authorize Mayor to sign the sub -grant agreement between City of Jacksonville and the City of Atlantic Beach. Moved by Woods, Seconded by Fletcher. David Thompson explained this grant stating it is from stimulus money and will be used for energy audits, City building retrofits, and some upgrades to hybrids. He stated this money is to match another $234,000 of State energy program money, and he hopes to have that agreement for the Commission at the next meeting in January. He stated he is requesting the Commission's authorization for the Mayor to sign the agreement, explaining a couple of the attachments are not finalized but should be completed anytime now and he didn't want this to wait any longer than it had to. He stated when those attachments are completed he will bring them back to the Commission. He stated this does not require any match from the City. December 13 2010 REGULAR COMMISSION MEETING Page 13 Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED G. Proposed Change Order No. 12 to Royal Palms Drainage Rehabilitation Project (PW0905). Motion: Approve Change Order No. 12 to Royal Palms Drainage Rehabilitation Project (PW0905) and authorize the City Manager to execute the contract with R.B. Baker Construction. Moved by Woods, Seconded by Fletcher. Mr. Carper stating there was also a Change Order No. 13 which paid for the resurfacing of Amberjack Drive but it was within the City Manager's purchase authority to approve. He summarized his staff report, explaining Change Order No. 12. He stated the substantial change was to add part of Additive Alternate F which was for lining a section of the pipes, using a new less expensive method of centrifugally applied concrete liner. He stated due to the deducts in this Change Order the net is a credit back to the City from the original bid price of the contract. Discussion ensued regarding the pipe in Mr. Knieriemen's yard with Mr. Carper stating that is not a part of the Royal Palms Project. He stated the Royal Palms design called for that pipe to be abandoned in place. He stated he is getting prices to do, as a point repair, what Mr. Knieriemen was discussing about grout filling the pipe because something has to be done with that pipe. Discussion ensued and Mr. Carper answered questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED H. Royal Palms Resurfacing Completion. Motion: Approve contracting with Duval Asphalt by piggy - backing on City of Jacksonville's annual Resurfacing Contract for resurfacing as allowed by the City's Purchasing Code 2- 336(6). Moved by Parsons, Seconded by Fletcher. Mr. Carper summarized his staff report explaining the Commission has already approved the concept of this. He answered questions from the Commission. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 MOTION CARRIED December 13 2010 REGULAR COMMISSION MEETING Page 14 City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported, during the last alcohol deployment, of the 19 businesses approached there were no businesses that sold to minors. He further stated, from the last alcohol deployment, the Mayor sent a letter to the three businesses that sold repeatedly to minors. He stated one of these business's corporate office picked up copies of the charges from the police department stating it was their corporate policy that their stores were to inform corporate when they had those kinds of incidences but they had not. He stated we were told they will be making some significant personnel changes. He reported the City will be closed on Thursday and Friday, December 23 and 24, for Christmas. He reported the ribbon cutting for Dog Park is intended for mid to late January. He stated he may have misspoken about having directed someone to copy the document Commissioner Daugherty requested because he got tied up right after and is not sure he assigned that to anyone else. City Clerk Donna Bartle stated no it was her fault. She stated it took her a little while to understand what they were talking about but she realized she had not distributed it. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney City Clerk Bartle • Merry Christmas and have a safe holiday. Commissioner Woods • Reminded everyone there will be a toy giveaway this Saturday, December 18, at Donner Park. She also stated Selva Marina is helping out this year with an Angel Tree and believes they still have some angels on their tree. She stated if they would like to give them a call those children and families would be grateful. • Merry Christmas and happy holidays to everyone. Commissioner Fletcher • Complimented the Commission on working through the very tough and complex issues related to the TMDL, stating everyone did a great job. • Merry Christmas to everybody. Stated he enjoyed the year of working with everyone and will see them in the new year. Commissioner Daugherty • Would like to learn to do his job better and requested permission to take some courses at UNF through the tuition reimbursement program for courses related to his job as Commissioner. Mayor Borno asked that he provide a ball park figure for what this would cost, stating he is supportive of it. Commissioner Woods asked if this was degree seeking. Commissioner Daugherty replied yes. Commissioner Fletcher asked if there was a budget line item where there are December 13 2010 REGULAR COMMISSION MEETING Page 15 funds available for that. Mr. Hanson stated they do not have a line item for that in the Commission account, but they could transfer some funds. Commissioner Woods stated there is a policy for tuition reimbursement that is for all employees. Mr. Hanson stated they do charge it to the department where the employee works. Commissioner Woods stated they would need to see that policy. Mayor Borno stated he has a go ahead and to work it out and give them a heads up later on. Merry Christmas to everyone. Commissioner Parsons • Discussed JTA routing buses on Cavalla, stating there have been some complaints about this. Stated JTA wants to do something with Equity One's parking lot in Atlantic Village and Equity One is willing to cooperate. He stated, however, the manager for this part of the State quit and the person taking over is in Orlando. He stated he will pass the paperwork etc. over to the new manager who comes on board in mid - January. Mayor Borno asked that he forward the contact information to the City Manager so we can keep on top of it. Have a safe holiday and Merry Christmas. Mayor Borno • Stated he appreciated the support of the Commission regarding the Proclamation for the Beaches Women's Partnership. • Stated he has enjoyed this past year and wished the citizens and everyone a Merry Christmas and Happy New Year. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:50 p.m. Mike Bomo, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk ATTACHMENT A 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 LFM -12/ 13/2010 -2:48 PM- 4500 -0- Ordinance - 2010B - v4v3 1 } 1 ■ is 4t a i+ 1. + "� "•xy��`r"�I'.y �;'f ` 4 ` 1�;i�tL d : ��r - ,i�:. ��'. f7 � 'r'�.1�1- k- �,1 ►� I 'rat. 1 4� fi�'I: , � " , 1113. 4.• ] !�:'�. 1 4 "'n' . - i' . }:.# Y .+.•� R..f ,-,�� p SL � y� �4 %Jr . 1Tti f- ;4'' :•.. M1 4 X _ f.'I1; 'v+iQ i. ti :>{, ?dl,Yry7C7rfi 5r'�YY. r4d v � ■ � F:.' "I iv w - s�',.,5l :j�]rh„ * 1..��r ti +. R: .. YA 1f! -. rLiF +[ : �.3r �'srr'�h a��r`�� i F iG�►��i y.i w *rti V., � 4a• I..!I'•I� 5' iYa1 .I� -1. .'L I!I . .hl - , 4 � 1t.� {1.1 �' s 7.1 i -J �g ' I,...�" , Yt ��•�y{'� �y �y�, � r n hi • a a !! . s .S RY - I'll •ti�la�4 -!� �} rr } 1 24 i r V ftiYi.� lei._ir. _.. iLr: � �'1 _r'__t:• 3, .r kris ...rx. !� -,.. ->,. + 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 day of , 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. Approved as to form, sufficiency Mayor and correctness: City Attorney ATTEST: City Clerk LFM- 12/13/2010 -2:48 PM- 4500 -0- Ordinance - 2010B - v4v3 3 EXHIBITS TO 'fF Exhibit A - Loan Agreement LFM- 12/13/2010 -2:48 PM- 4500 -0- Ordinance - 2010B - v4v3 i r ' r� ��. , yl T r Y k ` �:1 " i -. _ ,'. f' :7h• - ls. AOL 7t1 rf,.:4.1.. _iu * s ix•' P:1. kr3w'S ; ' d r:.T.•,r I L •+ .` ,r ''.'t ! �,_i ll7 '�j. "L , ?' *��' }i�F• +i5 ,`: Yi 1: r'Id l. {�C i[ 4,.. 1 -•M- 'r 'f4r►t'..%.- S:?'.�`:.- -'i , wr�v t !__ ,f• xga. r + � �`°� FI ' L . r ; x • t .! k.. r 3 3+f1: � .4 {*.is7� iS jj h �_ �.� _ ,�sa ieRbra4, � 4� i•• �.•' yy [alt '�n• � .`:�3 'flu ;'�:d.•��''4 "�;� I V';g I,"f•wh'�: �� d� mom ! r ayf•.,: �`Y'�4y' r v rfa+. +r yr��.,3 >`;✓, -V .,:'...r •,h•4�t rt�iF iil 'Sq.i p,'k IL 1•i;' J!.. # xl�i4•!' }'[r,� '- t'_F.:•ti`r� {[ ' n ' , :. -r f rs f gr4 L...- '�'l:i�, -,?:1_ +4. ktk : ' `•i r i _4•�u••r 1'•- ,s�o-'�.�'r,�1: y,4 �r Yiai �• {� :�.,A p{ � ; - •; : .,�,-,� r '::;;�Y',. °, +I -• -' �:I',�• 4cx-! .. }M. l "�.y�gei�il I' '�R• "+i %r' I�G:h'•i' [ - k' 1 _ Y:! 3�<.h it 'nY ,; F =:� Y-Y e, r..l i•.s,. i': ai i S'.,43 ' '! y ir., ti O I ` .. ,} •?�• ti T.a ' - iF y } - I 'rr, .. . -: r � + '1' - �; i`: -!• y.} , 5 F1Y *�F k` t, •.' .ct .. Mi•••' J . ab�` i v J. r 4 ► ylre, r,r G�'.:��' �{., �.Ar r �i r� - �r,•,��'iN +�'!•: r.k.¢i _5�''/'�h.,l.., . - 7 i� Y4i•'>t �.4R ck. �1;' -7 ��?��. x` f'ye. i {i;{:r a 'r . F. ra_� =.._� %��,y { r ik P'T ,1 ' e� -- } . 1 . M i T � y� y � 'F ^._:_ �"'$�fix # ' � '. ,[[ }�� , [ Y , � 4 y �` Fyi•,�,.�{';.l�l. ',, 1�� _4, {l, ".i�iT \1 L�i.:,�_ j .�.�L r '•J �: �= a • _�: 1. .'i 4•I. n 5 � }'� r�p .� [ ' x ' ,N ' " Y-.. r�'} •T4G'• ` ICI lfl' � k;',- :4. '�;.. J.� = F�:1; 6d •. I J V key } -, � • ' , fr�l]: ` ': II,•�I' _ ::t * t 4, 4 r ' k is lit i'4 t e s r 1.+ .le x b :r• ti ,,'��,,,, , � 3 ,x4 iF ¢� -� 5f, ;.. 'i tl:��•I.j l�:l'I :'i6�.' � .i�.:' J.: �!•;�r�_o i .r,{ y'I - A - .O. r a�'1'.,r [.:. }5.1 {:' ?1_I 1 ti i ''SY� F 4rY k4 Y jg Aj �4 .liii _ _J•; :k_. ,. r #�,1;�:�• r,..t i4. i' i , � r• !'�J'r.��`j� A. M' x'Si� .ip -'r�. 4,s t3�a ! e.j r• �:'I :�: «.. .r_ �i ,V+�i :fS. }r �'i. - _.J� '- I'h t �rl �'l. : -,} r'r�l ,� ►k: r. i. F.'y iJ�, ±I�.Tr•'. tl, . - *q a�}. r� _ 4.;75: }il' ih �'Ff .�",�C+r.�� ",i i':�� .r �•Rfu'a, r r� r. k hhi_ • hlr #2 - � dY i C + � �i}rw �jl� r " +, "' F , �"�. ,* Kh Y - T * . • L i i 1'4, `- A I F S�?�3�r� ": — CI � i Pw, a fT �- '�` -`vS �: +:i � �,:. `� tip, 4 C �'S'� .r:_ 4 �.• _ ir tt F �_' �:3 y,'v ` "k•: Y' {.: {N �.' {kT: FI i. S.'r41,•.: "i:_,.1 w ,.'.v ..{ 3 i�rt +�,.j� � r, , _ - ,r.` ti; r.. - k ;k �'h:' -, dr r 1��,� ;^ ; • 4::�.�r,� �l '7 :if'r;. ;ii ^ 5 :;�, y 7•X� '.j„ } +!; �.�i Ti •ti:, r11�•��4 ` i ��- �!+• �'' �,I r i � T Jr }�� , 13 } ' :h . " '<, '''r�T ' lid �,J}Lh�,2 r y� 'f S:l•I•' -'S rl, jf „.'i�¢ife , - :TL.. t . � - r �� is .I!'.:4 =� �.7 x•S �' - "r,'.N' •�', ' r �� ` i� . }leQ�S•r .s.. .. "', "1.4 i'9' } � y { �1 tl 4 rhri dt': . [ C- �. S � I �� °'+{ s' V , ' w. �' SJ r � -.,, t'' i : r• i ' r h �}. r j� � CIS �"L°T] YR r y'�.. �' ' -I'� �{f �f'V �`�'. • *� ; r; R �,n. ' ` r ;� F 1. � kF �� + F': �__.� ' {' :a [.'I , }' {14 i'S .� .iN .•:� rY 11 l � �+ - 1• - ,'yl: � ,u ._.�� 'I:, �',4, . �.��e,•, I+ 1, 4 � +'._ 'i - • d + is ..r' - 1 4:: r �k i'. �+i!L'R+ 7'. '��rS+!•rR•'� + �r i': r� ?'�k �a7 •-h N 10 }a ^ F4 Il - }F; kS Y i'��.. �4: _ [�:iev_•'R ��' 1.'lf'' I � N - , � }. a r� ',{ c :,1i y -l.. sc :; .,�' .. f• `` ' r a • I 'ii k? �: �� { �•�i - 'l r A ■ 1 � ! � r Y :.� .. . �.,. T�r• , yi V `!� i � � � i � i ii 11h OV MY 3 V. A V4 1. A 6:n C �A . T : ":'OS -1 el , 7T M�L�N - OL Wi �l +� .111 IffogAw ir. LIP ' Jr . V.Oot 71AT-k" b •, •' • Exhibit A - November 12, 2010 Letter of Branch Banking and Trust Company Exhibit B - Loan Agreement Exhibit C - Bond Form LFM- 12/13/2010 -2:52 PM- 4500 -R- AWARD- 2010B- v2v1 3 '•k I between Dated as of December 14, 2010 000 A PP—Mi l V{ DS SERIES 2010B ,a: ,rrrr Grrr !Y ,, �- .•-l „ #..� + ,4'"iF` ��a:l. r ' } ' �•:�# '�� 4i� ir - r..Y'.r'iF4 }��-- ' ' Y Y'.: ifM1�`- t4:�`ri> Y,i, f +`rtil2�t`�i�ni, r•.v ' '.i7;. , � } . -.,y ,,� ', � 'f 5 2 i"'°rl!' r :. ' � t '••. - S, �' . ti 5} { y,� �!'ti - S s .. �, I'A l� r ,.� ' �,.• kJi� w. h' r . tI ��aJ4l ' ,��.� ` s r '- *f L. Y . �''. ;a �'� ': { '— � `Fi lr� �' 1 i>ti�G� -0 *,y -hc�� . Y.�• - ,fi r �� : i'.. 4 it Ls_'s �a`t ::a ',� 1 -i'.`� .�:,il i, [ f . _ , H:. .i - f� •7 r' " 4 } : SF i T. S'• rv,1 "� ra; b1 . � d • - Il!Yy`i. c +•: R.�'+�5 � +� t7hT��l_ ti; �~�. r E�. : -rrE.f 5•;r Ff ��'C.;. X14: r '�� r � �+ }' c•'.: t'sf��f r+� �,., .. �'1.:, • � . L' i ."l d . f , ��d?yr . ' I ° �1 1 � � ,5' * ;�:� + �� • t. a'e n5,� �'.C.yy� Qq : I .+ � % r 7� - - i'i:�rtl sr71 1�V�, • �r�: I- �•r�' � T4_. ^:'- FX -''r �`� �. +y. •:. '. cri �•: ++ .a��✓I r r , +;Ys� ti�iE• "t��a.r•�loF'. I +''� yx: i:4 '� y '� `a�fyl lr �+.i: �F•� " Al Tti:, ,� ^',S r 4 a ` - ' : r t } - F ' • f " . Fes# - �' ;' Ik r'R'� v ,�' _ ,�t�v.e,tyy i t��ai�ir_: -5�;v "j�.`S�` ro�_•�r' .':YTi' :r: P: . ',� • =c A . 'i • o' !d.W: T : ! -..J �' ir. `si,7 'J €:� .]I'•' a4 ,,,, - . c:,: .+i,:5 :• {•.'i' .F • `-..- y- - �rr I` !�` 1V .r- "„"`y'*.`� - ' 4 � ,; • s `�, : .�: ;Sriir.�, y� 4 r i� [ sir" �, �'. •, ,�'• 3�I :'C =�:_.,�e�- Tc,. .,:yY .:r- �� f�''� rF �:: -. a .L: !•. 6'k :ik -r t .te °1 - �:. ,.'• ••].. s y .t r �■ * v Ti� � s - y , r }$ 1 R ' - M1 • '+ R Yh'4 l f i_'1] L ri;. • 1 - L �'' r i, r S V5 7f {a. !Er 41 e: 'r`a -.,k 4 �'',I ' -'•k - „• lit ' &� •, F r, �',..`I �•{.,'' 3 ' 'Y• tF� 'r r�., - . :ry!Irv,'• -... � �•�,�.L� - =��':i !E ^, -*f I a v�l� + h - '; '�� :C7I' '.�7 t � t i - 4 Fa.� .��5 IL•. F f[. eb.�s • � a:. . k u,yf :, .:., � ; - f �S7C ' - - �Il v�1'i�yLi ri . '. � `� a. 4 r� � ,��5 . � > ^. ��:� •,S fir`•- r.:i {]_ �� 1 : E �i ": :- r.`.t�.-, r „Y -� *. :'- :I +/'� - .ri; }j' r<]r;v' k ' .H ��a! �,�'•.a:+.d� �� + ma y - d: :5��: -F�r r. -:,, �'v �x .t#'f -� 4 , - r ;L' i•,i�rl L. .t ".' S r�Yr;- 1 � ' + t, ,'f aA ¢ 1''41 ,.. .:E ` rx }/, `t •� ,. i • > ► �I:� u- F -;? • +ri +Z '. : + y :"Y'� - j _ f�::M1'E4 ' f 4 • r �w' � F f 'li o �:t:'ya ae � {. : y lk'.'!i IS :i2`4Jf ir' '�•;,� t'',y + � r�L.S �• ,.� 4� - r,7 '. •�'.+ � i 1+' ' Y� w4y� ! �•� {. I .. � � 48 2 :. � n s . ; �•' �`y �4 L� �t � � L f x r..�'" - `5 .�• I hi7� .�lif y 4 ' #!; '.f `r' .:l lM1 wt gy+;ty�sr� � � }?. L �. �C. r:.ir.,4 � ";'r�.';.�'l y: -`r ,y ` i ! ± �+-, ';�Ah; Yt�rk' :[�';' . +` y r .' _„ '1 ;�� *•.!,�; 3'rt�.. 1*L r fl+ �JJ,i f. #� 1 `F �y1. •v, -�� " *'i -�1.' .. ' � ar:t.�• = ^., ..r Y.i �'fR ','.�' - �`.: .'4 _.a�- . � ' .•nI I ,� _ �_ #. ,.�.. }, + . r - art r i - - .: r`r,rt,.•il I ,r �'S` + S *T gqp w jr it Y�i}eR9�:.. ' b,..,._ f _ } �-j : 7 ' r �J'� � Y F Ml • p ..e ±. •.!• 5'1i.. '9 ._.�•. � -� ,. v `'_# r4 } • 3 �''Ia�re - 3 � ';l l�:- [l:�__ I - �R - '•ie'` r �s J "F y �:i -- f r � o;.� - ''�,� ",. _ � �'�a••".� * : •ti F• - 17f. ; �� ,� ��^"�, f.�ARr`�,� � F * �r ry a HF +` lk �y 1 : , �. }ii .S.iAC..�'I ''k r r { AM '`i, . ��rr4,...'�II {'yi i �. ,. �:.� _r►�sr.• 1k' I yy I'- �r t.i t�l� -• 5 � • 5 _ III �++yy:�L i�' { 'L' - t 'i'Ir �'�'JL 4L6 ``'�� FF �+n i' ;•Y.. r+ T r��4l:. fr19'`f �S�f dl w7� �,F � M�'C"[ "yd•r + 7, �`#✓° SF -S '� �+d lrtirin ` { ]`� [4 hr k1 � ill •: _ r 1 yiY•. �•y��'n {.: _ -}+.�� 6 ,� i. 3j1�• '1r Yn�151" .+I 7r {Ail I:'dy ',r 1, _], i l}. � 4r� '?' '.5 I� A'�Y Y t k' � £.i. A. ,��..5'�}yE�P;"' I.: ^J,ir''T'r•I -�• .yYiF'i .:: '�} _ .+y - .'�* • r�.�,. ='9; :y, •41 • 'b: :I I' tiE,ri's._I -•1 a_ti V T- j�. .. I - 1 .. T I ' 1 Y. 1 i 4_ •.� . J�� !c'eA��A�L. f . � �q' , ''� g c Y: - :,y y 4 II r r f • ' ta "s 2 s. - rtt•.' i y i'•11.•Y ��..,., 4 r ti Y 4 1 Ial,: � t. r Ybe I• ; ,4J �y1�". ' � 4wL ' 1 / {r/' l ' $T ,�Y ifY � T� 4kI� CTw '•r74�tik�a��_iSYF'iTF -:i�k . -�11• L / . 1 ��: m'17 r~ ,r.. J R' �} ` r.�y I ., • .i+ s c_ - �.�n �.i h !•� . __ � "- i ^:7 }�' i;�� - IC Y +}Z i�' +S: � -- " ;F: "I Y =:r9 •a, ". 1Jt , I �-. ;`.�w� _e•z'_•.� ��;>:tk 'Iz t-.,tY „'.�, Y';�-r:� F'•r�r.lar� x �sa f ± ` �;�:- ��M1'�s �r.3 tia�' I = 1!.) :'I �{ .'1.: :. Y,:i t• ::•y 1 - .'.: H. Al rF ',p- ..ter.- a v '�- { A ?i!1 * ' r !fF�'.RI r ,•il� •'�c ,.,4yL j i .r. * VF "� }, � _,,} r`. �I ,! :�� I IPr l �; + ' : 5' -' - 5 �� 15 �•� •S. . C�,, r. �.`J: n, 'iG t:'hi �'� •+i�t� } }ity �'F Syr �J r- Ft`I±!!!, 7�..' t +! "."r 4'.' - i'. J - 6�3G•il 'y b' n 6* ' -: - k t. Jt�lx #rr r,_i'�a a.g 5; F.iN vl •t lr•R�: J : ;� - fir.: I +S.?I P y �,5::4Y,�i�.: 1...�"r•- :- 7LL .-';I .,tp..y"s♦:., �" 'L �..1 i .? _- . i� x� � ni:i1 4 •: �YN - I *, • , r • �• ' . r r . �Y t f � K { � �. i IF � I If►r #Y .' r, + .r.. ,p -1 ,�' �. _� �k 'n. �;f 4 SIMM SL : M �'• 1. ?-0 =i'H '', ',}• r ,' t ' }�'y Yy.• dYT �s.r } -. IS,l4•.1] ,.Vr+.l ii d.. .,, M1 kr' �•� t r� L •F:t �Lry,•�^ 2 Lr -: 4 A hV r: .` _r y S i j �s F � • '. i:' Ai }. y� J��i�_"'��Sr : � � �2� �h� te I, rT'1` �..- .� ±' # :�� ~' ` '� i � #5• z •L jYtJ a o ; �'�5#`'...+!�yk �y�yr'a -+ - dN '1L"1 _ � "•�{� .!�i� ° r SS} 1!t�_ tTL + �in�,N:. l;nr1_tr f L.• :S�IA ,�j +�[� #��l A - . al .l 9 r _. L':• �}�•.,.' ` � - ' �F?... �..' .r �.'�- 1 i.: r >': I• �] -•. Tl i: „£, - �L 14'.1 T� r,, rl:• +ict i� era ,•xo.� - .f 1�� r ,'�11 N � 31'? _ !:•.; �'.r�i'yr• k r - r •: 4 ��Y� •r •. -� -7� .�.: R. T :e�sRr o-: ._ r ,.Z� r, T: :l, a:. 'i ;- - 5 -pp r.' cV. E � ••.,, 1 il•Jld r >' {{.• .:,� L �s• ']� of re��: e5. r "_r�4 i!I ��, �h "S1 :`�J, `�� J I- r F r' k d -_� �y1 �'- 7. A +��. •94 •:•iy1, �-.r-... �,* ,i Illi :li' 4 - A�Q /r{ 'G +IT �'.: _S• :tt� Ryr,,y�r . �^ .i. r'3'- �+R`•�.'• � q , S ' 1�. • • 4 �� r5;7i�• q ' r ��,.,�f; y - ,• 7J1f1 _ M1 J 1 r;r F �, } � : -.. _ I .. f_ ■' ;S' .:t_ ,srE. �f •�ri •; �.��ti vI, J. -,.r Y1+ IA 1;5, i'i' Ir f.•f�•_ n!{: ��r cif " { {. f r R •. : - a x 1 --. }•_ * • +I : Y: 1 r. .k s }L t er � Q { � lr fi k :L� '}I A... 4' �.:' +��. ri •Y + y: Zia lid J �iil l' y, ti Y � 1 � -� y � r - •�3 �� Y �r y V � i } �� I r f� r• yq' -•Sr/ 5 �� # �� - k' �' 1 - 7 � ,Q "'j '��. 'Tr i��5 V . �'' • .S F I :�1.�� .. L_�i:7 }'r M•{�'& I �5; `•'R,s a 4 .''."� + ' L �' :4 •�'� - 1: L' r '7;Ji:, • - . y.. , 1 { w �� rt +� ;T � +1r! +R•.'�. * A •. ' . r T,.� , x.+ ' - ak L' jL e y :l . • + r r }. �',, _ y . n - i y y . , ��,�yy ��F l .:. : l y 5�y Y , 4 �` 4 - M1 ; 5 • .. • �i.!�' ' , :f s -•#•y _ } { '} 4• S I,� r�' :��J.. �.'_', } r - -.'i k� ••' +i 1 fit - .: y.r +1 � �� TS iV �' : C 7 � 2 - ,�y F.^ rd_: �i ��+c� "7.iri ��'x ,�� 4• t .Y rW; •.�• �L �e" 'S` rrd r•ly : ,t + :le' T i a 7J.�., a t', � r .s��:y r5 *... �- P A _ {•, � } L �` �'. • fY!' �4 �! Y _ iMl;' ;f .�v:LF`• r.,�r. .I F.'r •Ii. fr- l�l +f}- Li.•4�9 { :.. , �� '��i �� 1 e � �: �J ' • h � f y+ R �:_3 �I; r, - � Ye r:k,:4 i' - t 5< •I R'. ,�.c! { �.�• irr: - i, :, _ao-�:'l: �'� i:: { �t;,�� ^r+: ��l..• � y ryi' {C �+ -r , �' '�'-�� :yo-,. � F �,�s y � -� '� �' ■ .� �� Tr. � if.`� "Y ?�� ' " LF'J� S t� �4' f a ' , �,'r.', 'Cr� ■ ■ ■� `i T 1 r .J:. 4y iA' �;_._ }5'':1, - �.'; •gll sS'�r'fi'Ir]- .r ■ fl s.. ]�y {5 f - �;Ty7LH��lr.��-1rJ y ' : b A y S r f . y�y8{ S . I : R i" k"' } _wial'ii•fq' _ ti �F�`Jf�ys►' 1{ Jar 7 ■■ ��i I S - :i��• - +ti i:- _ � =h f. .�,� }'tiSy'.. L�iy�'�},�RI".r+ oY _ • i t ��'' .17 " : +i "7! I.4 :l 5 + ' 3 f - � � y � ,, :ri f {J riC' • 'l�ii;:�r r 1 � 1 1 f ] ■ t Ar IL - 41 ' Ai d f d �� _ . i "'S_ W+•''s j 5 t'I -e li• • �y�{i1f ��, - T ..� r - 70 , j c,.� P-or I P-L.Pr 'A mi I I I P L" Jj� jtz: if �' j - Y',� -'. ; , ';:�� 'air +,'� a ��.• i :.�Y,_.r, �p I�'j.Y.�'� +'.IY , 0. p r 44� J5 p i"!�''��'±-,�A�,•�Y = -'��'� � ,k�� • � I Y ,' ;.. `,�.: +'+ �� Y c�� +T. 7 ' F; rf -±..- .' .5 �T a+'P :: �t� p -r'u 1� Sa Y, _ .+ E,. 1 {S 4i r1 �L r j,i lla:: ar:• !!`.��`7�J'��y$''i 'J v��y�� S `,�r�'?{+ Y ,, ';;�. ^Tl + �ii Y -, � � �- � � WFT TI Y r v�� Y T: , �f.�R � ��;i 7 ? rLf r.' � r�'. i.- � ;r_;r I.ti`.•� ! rr,l'i 1' 4 i,� *�+} '' fi'•!f 'r_', ,' „ ,.V _s�x1J �:. 97rIc.�A =L' _ .'Yi l'�id�i:: i r�� - 'v'K . "Mk O't-" y i V " ! n 4F AA O kv A416 A N*, "M Nic - 7f 3 1 - j iA A. 1 p A�_ lie v4d A WWI * 19 T Ql' r- Jk" 11 - 6, 1 — 1 rR7 Alt F!Q _ • ''+ r7 ' r,l �; '._fir.. - -'j _ �; g;.o OPT A. A r I 'k -4c po Ao-' - ft r V j 9 j "dkJ d� I -"W_ A d S. A VA4 :- si p P q -' 1 4 rtl 41 T I pj� 9 LV i '6 jr F " Zl; 7 " W � 1 7:�1e .+r..l � i:, i2i i Iry 1. .�'�_ ''S`��` � _ il 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 S. 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: 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: 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. LFM -12/ 14/2010 -11:41 AM- 4500 -LA - 2010B - v8v7 4 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/ 14/2010 -11:41 AM- 4500 -LA - 2010B - v8v7 5 IN WITNESS WHEREOF, the City and the Lender have executed and delivered this Loan Agreement as of December 14, 2010. CITY '`, FLORIDA M (SEAL) ATTEST: Donna L. Bartle City Clerk Mike Borno Mayor LFM -12/ 14/2010 -11 :41 AM- 4500 -LA - 2010B - v8v7 6 David Pierce Banking Officer LFM -12/ 14/2010 -11:41 AM- 4500 -LA - 2010B - v8v7 I � ,� �.Vl��r r�i..:�• rytiir J - ..r y .• 41 a 1 ' 4 c<77 ,.•�' 'Y i_�s X�� +>�' !"a'!L'l. Yi }Ff,• *ti .'}., a ..'� • f9 + �4 '�iwtf_r `F T °s �'F' 7gV'i{..r� 'r '1r y-;n_ t, ar. 4;, y .•e- ,ii :�.- r`1,�= • 4'•r''x.Srv� "'.-,. 31•k -s` I ` `rl "'•`r, F' `s .•_hh'IF. J - 9. a ,; # 43.'i�l fl,��'1 * 'I' "+ 'T I`. 5 4: 1:'J ✓ yt r'- .•y ��?}}''+''.}'' ''•t „e1�'Sxi” "g'l��y+4,4,',a,.t___ 1i : :Sli !� } 7 i ` x R !' �f .5119 '.:i �;Ii:; I s� �I °,l rid ": S i:,•`; ; ` f,L•�j;ay}y.,y. a : _ +`45�•,� }. ..h{• ;F�'�`. f A [ i kY +ilk #: y krl: - •,L 1,1 ;+1'' t a ''S 1A I .� � `�C'"'�1, #f 4` ��'�r�2� ._�RYx 4.� '�a:�f. 12 #,1e4` - 4 {.�' •�q _� - . •� !7 r�Ji:� .`I_,E M1 I Y' 4" {�' , `. F I - {i'. ti' � i�:' Y '7 •: I �r_ h , }` r �, - z�-- �.,i , K� ` *� • • � �,1>!�•�''r:�.'n�aFq..f; 1 yt„r'a_1'.O A5 '�uM Cb r .:,-�. rr t ,��^1 ti kx_I �,+��`� -'• °'. .v+raaiV.�f �y'�.''t r {{ YiaYFYiY:f/ J< i +q� r15-• i f - v to - 4?. - F � • �Y, L "_.. �, ,. Y.,,::•.- .�.y �•' f[. 4i �J 5 I. '.fNjL' ar�:, 1 .� r �k� [ �i� } aR � t^�+� -:' �+1�� ti ^' • "'�i p � �k �+r'.•�!�!ar'Ir4ra�F�. ~�, , .�at>E:1r =n' t ry .;*S�sefr`- , ra.J,Jr.�;,<'+e r ral � � ?': -,vp�. tiF�a Cd�� 1Mi i t. '�. F•k6r��!irf .'I iF.aF4y•Y ++ {' : ':f.i�'a'1ti: �. � �}"' + =�: rr..CMti'I'.� Lhifi 5 r r te- y +',r'a�J' r "I�:V: I +'"'; y! 5�7r ''•, , n' , ',{•k , i�'� ' Y , 4`sl� 1I: ° i#• �o- r,; :. ' �Ir "' "' �4yy�ld i' }� S:•L' } I „r:al.� �,�,, i .. i w � T•��I~••�JS �: ,. a�r�. y„�.'. ,- :¢! i._'X':er'ti ry � '.. I �•_',0 ?� l. - ki[ , _ ;•iil"w�• ,TAT} ;: f .1i4� TI: �4�Y.c,�� {r3. f• ,y .� ��: �',1 .�ti�h �1,.�� +sir_• ,�, ^S '�J!. :"i''s' ati'. + •—r 'ir, k AW 16. - - r • -. 1 �`'7'*.'1�- "� *• F { �' '� r , I '..r �I�V'y' - '+ _� - �p •�•; rii,i 1.:.:.: � 1: }: �� kiS: r 9.,. }� i� J', ry:.4 t, �Lr: Jy . t.Y r�F "i ` A � ,i � � L� �� , _� a' � � r- 5 1r.` y - , � 7} ^' � � y Y•!1�I r`i. ` �,i,d�( !� ■ ■ j rr, {'�" ' ijvl,: I, .i �iA� i b �:11�" I hr T'i`�� z f�, : . o , �'. a' �f= ;.� ;1 i# 4:: i.�'h: �lr• .ti F �' #� -.I k..� 'Jk � • ` >r ` r c F ■ y.: .::: r 'j 4•I y •']e + ' Y y L.,.Fr q�.'f,.f q� '+t+ ' 4s- ►o`- r�jy� - � -' Y- F..ajk.st , ._ d�Y �r�.j:w # ; %+ JJii - , �r� - - i' e}�I�• {. Y;.'G,i Y�4i � , �.�;�•. s ,,i l .ail. • I' - ' . ' r � `• i }•. 4 S' }�'1 • Jl ��: ,j l -,1 '�k� t �,�� AA C, I �k�i. }( +#, .�• i.!F!'r5. v - Z ; RA H� 'Jy� H '4.' I'�'''�'V' ail,. (�F =. �; s'�, , •1 :i r• 'i�ti[�•r'; RI .. .SI J'.e S`t. • ••d -s ��yyl aka �h�:!{�,��♦5 ': a , •:�;i �� a . 1'�, }. .� +1 , „ ,,,•�'.1 _ •w� {F. x: 'a;.�. _ .. �yt•�'r ' {:. ��h +ri ,..Y �. =�; � �1{ �. I r4- ." T''' /� tF ` "'r'.�.� � � �� if��'A�� ,� I'!A YJ''..: M r � M I fl• �.�+ n4 Oi :� �l ' t �I ` Y.:• �� •. 4,.. i �Iti �' _ • Iji4'J v : FS�� ir. #:', e.31 ' - _yrJ _ w - !n i : '•r• `: 71:. u•uq�,7j :.. �J i- * r. ` :'ir l�I l�kLf reh .. • +n ' `��, , i ',4 7 - ' F k � , r� 's}�" { ''irr�n_y�,+!'1 S iy' -''i• r .1 .. r o t.__� sew ; .ay,1.5, _• '� , y.. i�a �� -. i s �' {- � � r s i, AV ', ,' .'.7 4 C I .s ' g =s r'S' <,a r�r .'Y n m',!- it� -: 3,i , .I� k' ri' � L"' I[ '' 1 k I, '.ik _;�I �` lu �Y` [t' r S•� }4 :��4 =i} � I w} �yq I f. � y „ •I rt r� F 4. ;, y � , .1 - + �. � N'f ��,' nw: r. ,, •�i, y= sxi ,..;14".: • i � f �Y� ��. � �� _ - - _ Vn' rR'�.. `✓ - 4 r K . fir°` �'+! ;,;;i�;�r. � .tir •"�.4'. :. ^.'t� a: ;I S..,,v..a,o r_t � •, ��;,.r;:l .er ?�T"±.i�' :fie y., , 5 + "r #? ` ✓k S #'+ Tr�S'•` u`':: t:. �:_ � • •} Ih L•F �f' _ � II �'o-•a': E t ;;Vo-• I' � li hI TT , fs r �';� ' s, , �• a '3ti. a' IE.. 'lL:I•g fVd.. I � - . • : T + :Zv 4-. ,r: - A, ey :.y.•.. _ -; ` e• ;I ,c:r1 }.•:. a T r i I f t ► e � F �. �'�Ty r n J.4• y. te ll., .3 - rl' i l x -_ `T: r55 {,�I �.a�..kr 'p{�P� —14 tip? W WI a'4 r 4 '�� FJ, YI!FRAI - p[� ;i .f ihK�yrl'.rA Ar�'4 i..'4T4t i� + y 1 �+ Ip F t.gr��} "y�,I, as k f•:�i Il 'd!: - rs it ; F:, i:,'i¢•; _►f i - '�i�a arc =:.'y r'_. l}�s :i JI �T.- '� }; ��. }s; t`T 4.',�';.:n �s :r.��`s;i ? 41 •li•. l afr -u.t � V 1 a.-i� } I.�YC � �r y�;•��` ti � _ h 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 day of , 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. Approved as to form, sufficiency Mayor and correctness: City Attorney ATTEST: City Clerk LFM -12/ 13/2010 -2:55 PM- 4499 -0- Ordinance - 2010A - v2v1 3 EXHIBITS TO Exhibit A - Loan Agreement LFM -12/ 13/2010 -2:55 PM- 4499 -0- Ordinance - 2010A - v2v1 ATTACHMENT D RESOLUTION NO. 10 -16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; SUPPLEMENTINGr ORDINANCE NO. 15- 10 -12; AUTHORIZINGr THE ISSUANCE OF $592,560 UTILITIES SYSTEM REVENUE BONDS, SERIES 201OA -1 AND $9,137,440 UTILITIES SYSTEM SUBORDINATED REVENUE BONDS, SERIES 2010A -2; AUTHORIZINGr AWARD OF THE BONDS TO SUNTRUST BAND 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 -12 (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. LFM -12/ 13/2010 -2:50 PM- 4499 -R- AWARD -2010A - v2v1 1 " WFL rl . ' ~ EXHIBITS TO Exhibit A - November 22, 2010 Proposal of SunTrust Bank Exhibit B - Loan Agreement Exhibit C - Bond Form LFM -12/ 13/2010 -2:50 PM- 4499 -R- AWARD -2010A - v2v1 3