05-01-85PACE 1 of 1
DATE FILED:
'USE BY EXCEPTION' APPLICATION
29, 1985
NAME 6 ADDRESS-OF OWNER OR TENANT IN POSSESSION OF PREMISES:
Gene Floyd PHONE
533-LB Atlantic Boulevazd
Atlantic Beach, Florida 32233
WORK: Not Installed
HOME: 249-7791
STREET ADDRESS AND LEGAL DESCRIPTION OF THE PREMISES AS TO WHICH THE
USE BY EXCEPTION IS REQUESTED_
533-LB Atlantic Boulevard
Atlantic Palms Plaza
A DESCRIPTION OF THE USE BY EXCEPTION DESIRED, WHICH SHALL SPECIFICALLY
AND PARTICULARLY DESCRIBE THE TYPE, CHARACTER AND EXTENT OF THE
PROPOSED USE BY EXCEPTION:
Contractor, no outside storage Strictl~3~. ff- 'rh r t hrxw +~
schedule appointnfits for pressise washing and mall bare repairs. - -
SPECIFIC REASONS WHY THE APPLICANT FEELS THE REQUEST SHOULD BE GRANTED:
'htis would be used
license in order to observe the law.
PRESENT ZONING: ~prci-al General
-- -
I NAT F APPLICANT OR APPLICANT- S-
AUTHORIZED AGENT OR ATTORNEY. IF AGENT
OR ATTORNEY, INCLUDE LETTER OF OWNER OR
TENANT TO THAT EFFECT. G
ADVISORY PL4NNING BOARD'S REPORT AND RECOIR':ENDATIONS:
Tne Advisory Plan:ur:g Board imaniirneislLr recorrt~ded_a~proyal of the
application for Used
I'if: I'E REVl F,iJED: ray 21, 1985 _ _ ____
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Section 2. This ordinance shall take effect immediately upon its
adoption.
f• f• t t t• t f f f t f• f f f f t• f•• f f f f f t•• '
Passed by the City Commission on first reading
Passed by the City Commission on second and final reading
Milliam S. Howell, Mayor, Presiding Officer
Approved as to form
and correctness:
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
i
Adelaide R. 7LCker, CMC, City Clerk
ORDINANCE N0. 90-RS-92
AN ORDINANCE MfENDING THE ORDINANCE CODE OF THE CITY -
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24,
ARTICLE III, DIVISION 7, SECTION 24-161, SUBPARAGRAPH
(e)(1) TO PROYI DE OFF-STREET PARKING FOR A DWELLING
MAY INCLUDE THE REQUIRED FROM YARD; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, as follows:
Section 1. Chapter 24, Article III, Division 7, Section 24-161,
Subparagraph (e)(1], is hereby amended to read as follows:
CHAPTER 24
ARTICLE III - ZONING REGULATIONS
DIVISION 7 - Supplementary Regulations
Section 24-161, Off-Street Parking and Loading. ,
(e) Location:
(1) Parking spates for dwellings shall be located on
the same property with main building to be
served, where feasible. Such <a€~sfrees-paved '.
Parki-ng--space shall ieob «;cwPY' ~Y~ i*Trtr v€-t#~e
raq~alxad -€wnt ward -Ei-n -€wnE o€ -LAB -butMzng
seEbac-k -line) .
(2) Parking spaces for other uses shall be provided '.
on the same lot or not more than four hundred
(400) feet away.
~ ~
Section 2. This ordinance shall become effective upon its
adoption. '.
.... ...
Passed by the City Commission on first reading
Passed by the City Commission on second and final reading
Mill iam S. Howell, Mayor, Presiding Officer
Approved as to form
and correctness:
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. Ncker, CMC, City Clerk
^ i.,.
. ,
ORDINANCE N0. 90-BS-91
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24,
ARTICLE II, SECTION 24-17 TO REDEFINE CORNER LOT AND
LOT COVERAGE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COtRIl SSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, as follows:
Section 1. Chapter 24, Article II, Section 24-]7 is hereby
amended to redefine Corner Lot and Lot Coverage as follows:
CIlAPTER 24
ARTICLE II - LANGUAGE AND DEFINITIONS
Section 24-17 Definitions.
Lot, Corner shall mean a lot abutting upon iwo (2) or more
streets or at a street intersection or at a street corner
having an interior angle not greater than one hundred thirty
five (135) degrees. The exterior lot line of the narrowest
side of the lot abutting the street shall be considered the
front yard. The exterior lot line of the longest side of
the lot abutting the street shall be considered a side yard
and shall have a minimum setback of fifteen (15) feet. Tke
opposite-sidr yard-shall-have-e-miasmam-setbac*-ef-sevea
aM_ene-ha;{_l~tfj_£eet~ The opposite side yard shall
conform to the minimum side yard requirement of the
district to whtch rt is located. The rear yard shall have
a minimum setback of twenty (20) feet.
Sat Coverage shall "Jean the area of the lot covered by the
ground floor of all principal and accessory uses and
structures, including all areas covered by the roof of
such uses and structures, measured along the exterior
faces of the walls, along the foundation wall line,
between the exterior faces of supporting columns, from the
center line of walls 5eparat ing two (2} buildings, or as
a combination of the foregoing, whichever produces the
greatest total ground coverage for such uses and structures.
.I.ot- Coverage shall-alto-ioclud.e-all-impexv~aus-.s++rF~r nc
such as drves~_ paa'k'++B- areas,- rialYa+ayt,-~& f°~-5+-
patios-,- iersaces~- and- 4,ha~ 1 ike.
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Page ~ of 9 CNAIiCE IN ZONING CLASSIFICATION REQUEST
PAYifENT OF THE OFFICIAL FILING FEE AS SET BY THE CITY CONPIISSION:
Date Paid ~' 7- 8S $ ZSb eo
ADVISORY PLANNING BOARD'S REPORT AND RECONU~tENDATIONS:
DATE REVIEWED:
,e
PUBLIC HEARII7G DATE
Q
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Paye 1 Of 9 CIIANGE IN 20NING CLASSIFICATION REQUEST
Date Filed: /lkyc% Z9 ~ /9BS
NAMES AND ADDRESSES OF ALL OWNERS OF THE SUBJECT PROPERTY:
A.//Aacou?T .3ULL ZtT
W/LL H/17 A BULL '~JA.VEE• 6UL.L
3z/ An9w/r/C f3c./o,, ArtirNr~c E3c// )z1;3
Phone• 2¢/-O¢3Z Home Phone:
2~o•//Z/ Work
Home
THE LEGAL DESCRIPTION, INCLUDING THE LOT AND BLOCK NUMBERS, OF THE PROPERTY
TO BE REZONED:
-`EE gT7ACN~ oESCa~oT/ons ~ PA.e~E~s /, 2 3 EQ~
PRESENT ZONING OF PROPERTY FOR WHICH CHANGE OF 20NING CLASSIFICATION IS
REnUESTED• O/Q.
PROPOSED ZONING CLASSIFICATION:
A STATEMENT OF THE PETITIONER'S INTEREST IN THE PROPERTY TO BE REZONED,
INCLUDING A COPY OF THE LAST RECORDED WARRANTY DEED; AND: If joint and
several ownership, a written consent, to the rezoning petition, by all
owners of record; or if a contract purchase, a copy of the purchase
contract and written consent of the seller/owner; or if an authorized
agent, a copy of the agency agreement or written consent of the prin-
cipal owner; or if a corporation or other business entity, the name of
the officer or person responsible For the application and written
proof that said representative has the delegated authority to represent
the corporation or other business entity, or in lieu thereof, written
proof that the person is, in fact, an officer of the corporation; or
if a group of continguous property owners, the owners of at least fifty
(SO) percent of the property described in the petition must provide
written consent.
J
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LEGAL DESCRIPTION
FORT L. MCDONALD
REZONING
PARCEL 3
A PART OF SECTION 8, TOWNSHIP 2.SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSz
FOR A POINT OF REFERENCB COMMENCE AT THE NORTHWEST CORNER OF
FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A OF
THE CURRENT PUBLIC RECORDS OP SAID COUNTY; THENCE NORTA 01'42'10'
WEST~ALONG THE EASTERLY RIGHT-OF-WAY LINE OF.MAYPORT ROAD (STATB
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OF 50.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01'42'10' WES?
ALONG SAID RIGHT-OF-NAY LINE, A DISTANCE OF 783.55 FEET: THENCB
NORTH 88'17'30' EAST, A DISTANCE OF 500 FEET MORE OR LESS TO TH8
WESTERLY BANK OF A CREEK; THENCE SOUTHEASTERLY ALONG THE BANK OF
SAID CREEK A DISTANCE OF S20 FEET MORE OR LESS TO THE NORTH LINE
OF THE LANDS DESCRIBED IN OFPICIAL RECORDS VOLUME 4163 PAGE 1112
OFTHE CURRENT PUBLIC RECORDS OP SAID COUNTY; THENCE SOUTH
88'36'45' WEST AIANG SAID NORTH LINE A DISTANCE OP 34$ FEET MORE
OR LESS TO THE NORTHWEST CORNER OP SAID OFFICIAL RECORDS VOLUME
4163 PAGE 1112; THENCE SOUTH 01'23'15' NEST A DISTANCE OF 250.000
FEET ALONG THE WEST LINE OF SAID LANDSZ THENCE SOUTH 88'36'45'
WES? ALONG THE NORTH LINE OF THE LANDS DESCRIBED IN OPFICIAL
RECORDS VOLUME 4163 PAGE 1108, A DISTANCE OP 300.00 FEET TO THE
POINT OF BEGINNING.
50(9
LEGAL DESCRIPTION
FORS COMMERCIAL GENERAL PROPERTIES
REZONING
PARCEL 1
A PART OP SECTIONS 5 ~ 8• TOWNSHIP 2 SOU TH• RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW Ss
FOR ~A POIN? OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OP
FAIRWAY VILLAS AS RECORDED IN PLAT BOOR 39, PAGES 22 AND 22A OP
THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 01'42'10'
WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OP 1367.31 FEET
TO THE POINT OF CURVATURE OF A CU AVE CONCAVE T6 THE EAST AND
HAVING A RADIUS OP 5679.58 FEET; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE AN D~SAID RIGHT-OF-WAY LINE, A DISTANCE OP 216.27
FEET• MAKING A CENTRAL ANGLE OP 2'10'54', HAVING A CHORD BEARING
OF NORTH 00'36'43' WEST AND A CHORD DISTANCE OF 21Ci.26 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE ARC
OF SAID CURVE AND SAID RIGHT-OF-WAY LINE• A DISTANCE OP 730 FEET
MORE OR LESS TO THE NORTHERLY LINE OF SAID SECTION 5: THENCE
SOUTH 83'00'00' EAST ALONG SAID NORTHERLY LINE OF SECTION 5; A
DISTANCE OF 300.40 FEET TO AN INTERSECTION WITH A LINE 300 FEET
EASTERLY OF AND PARALLEL WITH AFORESAID EASTERLY RIGHT-OF-WAY
LINE OF MAYPORT ROAD; THENCE SOUTHERLY ALONG SAID LINE A DISTANCE
OF 700 FEET TO AN INTERSECTION WITH A LINE BEARING NORTH
88'17'50' EAST FROM THE POINT OF BEGINNING: THENCE SOUTH
88'17'50' WEST A DISTANCE OF 300.00 FEET TO THE POINT OP
BEGINNING.
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Section 2. This ordinance shall become effective immediately
upon its adoption.
f f• f f f f f f 1••• f t••• t f f f f i t•• f 1 f t
Passed by the City Commission on first reading
Passed by the City Commission on second and final reading
William S. Howell, Mayor, Presiding Of icer
Approved as to Form
and Correctness:
Clau a L. Mullis, City Attorney
(SEAL)
ATTEST:
elaide R. ticker, CMC
City Clerk
a
„-_,., - .
ORDINANCE N0. 90-85-90
AN ORDINANCE AMENDING THE ORDINANCE CODE OF 7HE CITY
OF ATLANTIC BEACH, FLORIDA; MD:NDING THE LAND DEVELOP-
lBiNT CODE AND THE OFFICIAL ZONING MAP OF THE CITY OF
ATLANTIC BEACH, FLORIDA, TO REZONE LAND DESCRIBED
HEREIN AS PARCEL 1 AND PARCEL 3 FROM OPEN RURAL 7'0
COMMERCIAL GENERAL (CG) FRONTING ON MAYPORT ROAD;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Advisory Planning Board has considered a request to
change a zoning classification submitted by A. Harcourt Bull III,
Nilliam A. Bull and Jane E. Bull of 321 Atlantic Boulevard, Atlantic
Beach, Florida 32233, and conducted a public hearing on same on May 21,
1985, and
WHEREAS, the Advisory Planning Board did recomaend to the City
Commission on May 27, 1985, that the property described on the attached
exhibit described a5 Parcel 1 and Parcel 3 and intorporat ed herein be
rezoned from Open Rural (OR) to Commercial General (CG), and
WHEREAS, the City Commission does exercise its powers to consider
recommendations to amend the Land Development Code, including the
Official District Map, in order to encourage the appropriate use of
land, and
WHEREAS, the rezoning is consistent with the Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM1155ION OF 7HE CITY
OF ATLANTIC BEAaf, FLORIDA, as follows:
Section 1. The Official Zoning Flap of the City of Atlantic
Beach is hereby changed to reflect the new zoning of Parcel 1 and Parcel
3 herein described and attached hereto from Open Rural (OR) to
Commercial General (CG).
Page 2
h42D to Mayor & City Cavcdssion
RE: Expiration dates of Board 4fa~bers
May 24, 1985
Bo<,Pn or• nnlLS-n~vr
L]am Plo. of Years Term to Expire
L. B. Piac Donell, Qiain~ 3 11/22/87
San~el T. Home 3 11/22/87
Frank J. Tassone 3 11/22/87
Lbrothy Kerber 3 11/22/87
Pose Blanchard 3 11/22/87
II~~IDYEES PE"fIRFl~II1I SYSTEM BOAPD
Timthy :J. Townsend 4 02/08/86
H. E. Hall 4 02/08/86
W. I. Gulliford, Jr., chairman 4 02/08/88
Jotm W. LUrris, Jr. 4 02/08/83
CITY OF
f~tla.~tce $eacle - ~loscda
l~ ._., --_. - - --__-
r;ay 2a, 198s
15 (x'EA\ BIIDLE\'ARD
P. O. BO%25
ATLA\i1C BEACH. FIABmA 92239
TEL£PFIONE 19 011 219-2 39 5
ran
TO: Mayor William S. Rowell and The City Co~ssion
F%Pf: Ri~l3ard C. Fellows, City Manager
RE: FScpiration dates for Boazd Mmbers
ADVLSORY P[At~^III~G H:WRD
dame [Jo. of Years Texm to Expire
W. Gregg McCaulie, (Ztzairman 4 12/31/88
Ron Gray 4 12/21/86
Ruth Gregg 4 12/31/87
Gtry M. Jennings 4 23/31/85
John W. A'forris, Jr. 1 12/31/85
aD1E F2IIURCI'Sff2If BOARD
George Bull, Jr., Qiairman 3 10/01/87
Alan Potter 3 10/01/87
Jezrne R. Strayve 2 10/01/86
A11en R. Salfer 2 10/01/86
Fred i4i1Ls 1 10/O1/85
Willie Davis 1 10/01/85
Marjorie Anson 2 10/01/86
' AYE _
CITY OF .7
1'~artteC b~eaelc - 7laslda
ns xE.+N HouuvANn
P.O. 80X 25
ATWN"11C EEACH. FLORmA 32299
TELEPHONE 19a112~9~29%
May 24, 1985
h1EM0
TO: Mayor William S. Howell and The City Commission
FROM: Richard C. Fellows, City Manager
RE: Addendum to Status Report
I. Commissioner Cook had asked that we prepare a list set ring fm~th
the name and terms of office of all members of all of the Boards of the
City. This has been completed and is attached hereto.
2. When salaries were considered by the City Commission prior to the
beginning of this fiscal year, it was decided to review the salary of
the City Clerk and the City Manager positions later on in the fiscal
year. The City Clerk did not receive the cost of living adjustment that
all other City employees received and the budget adjustment reflects a
5.5% increase for her. The adjustment to the City Ma nagcr's salary is
in accord wi[h previous discussions and understandings relative to the
fact an increase would be made in the amount of $?00.00 after 3 months
of service. It has now been 4 months of service and I had neglected to
take this up.
3. The other matter has to do with our legal expenses. Ke have com-
leted analyzing the legal expenses we have incurred this year and find
that litigation in which the City is involved has cost well over
$12,000 for this fiscal year so far. In addition to that, we have
already expended in excess of $1,800 on the Jacksonville Electric
Authority Occupational License litigation. It should also be pointed
out, the legal fees of Corbin 6 Dickinson, our labor attorney, also come
out of this line item. After discussing this with the Finance Director,
we feel an additional $26,000 shoulJ be put into the budget to take care
of our legal expenditures for the rest of this fiscal year. These
additional expenditures arc set by $28,000 in additional franchise fees
xhich were not budgeted and which we will receive by the end of the
fiscal year.
b_
i~_
ORDINANCE N0. 90-85-93
AN ORDINANCE AMENDING CHAPTER 24 OF THE
COMPREHENSIVE 20NING ORDINANCE OF THE
CITY OF ATLANTIC BEACH, FLORIDA; AMENDING
THE ZONING ATLAS OF PROPERTIES ALONG
MAYPORT ROAD FROM ATLANTIC BOULEVARD TO
Tf¢ NORTH CITY LIMITS TO PROVIDE A MORE
SUITABLE LAND USE CONSISTENT WITH THE
CITY OF ATLANTIC BEACH COh~REHENSIVE PLAN;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Advisory Planning Board of the City of Atlantic Beach
has made a study of the zoning along the Mayport Road Corridor, and
WHEREAS, the Advisory Planning Board has held public hearings on
the same, and has made its recommendations to the City Commission, and
WHEREAS, the City Commission finds the recommendations of the
Advisory Planning Board relative to comprehensive rezoning of the
Mayport Road Corridor is consistent with the Land Development Code and
the Comprehensive Plan adopted by the City, and the zoning will not
adversely effect the health and safety of the residents of the area, and
and will not be detrimental to the natural environment or to the use or
development of the adjacent properties in the general neighborhood,
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
Section 1. The real property depicted on the attached map and made
a part hereo~is hereby zoned as indicated under the zoning code of the
City of Atlantic Beach, Florida, in compliance with the recommendations
of the Advisory Planning Board to the City Commission.
Section 2. This ordinance shall take effect on its adoption.
Passed by the City Commission on First
Passed by the City Commission on Second g Final Reading
William S. Howell, Mayor, Presiding Officer
Approved a5 to Form
and Correctness:
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. Tucker, City Clerk
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Section 3. This ordinance shall take effect upon its adoption.
Pessed by the City Commission on First Reading
Passed by the City Commission on Second E Final Reading
William S. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. Tucker CMC, City Clerk
~~-
ORDINANCE N0.
AN ORDINANCE ZONING PROPERTY HEREIN DESCRIBED
OWNED BY HARCOURT BULL, WILLIAM BULL, JANE
BULL, FROM OR TO PUD AND RG-2 TO PUD, AS
DEFINED UNDER 1HE ZONING CODE OF THE CITY Of
ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Harcourt Bull, William Bull and Jane Bull, of Atlantic
Beach, Florida, are the owners of certain property herein described and
have applied io the City Commission to zone said property in accordance
with the zoning code of the City of Atlantic Beath, and
WHEREAS, the Advisory Planning Board met on June 18, 1985, to
consider the said zoning application and conducted a public hearing, and
WIIERF.AS, the Advisory Planning Board has rendered its
recommendation to the City Commission, and
WHEREAS, the City Commission finds the rezoning of the particular
piece of land consistent with the Land Development Code and the
Comprehensive Plan adopted by the City, and the zoning will not
adversely effect the health and safety of the residents in the area, and
will not be detrimental to the natural environment or to the use or
development of the adjacent property in the general neighborhood,
NON, THEREFORE, BE IT ENACTED BY Tf{E CITY CODAfISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
Section 1. The real property described in Section 2 below is
hereby z~lanned Unit Development (PUD) as defined and classified
under the zoning code of the City of Atlantic Beach, Florida, in
compliance with the application and plans on file with the City and by
reference made a part hereof and subject to any conditions and
recommendations of the Advisory Planning Board and the City Commission.
Section 2. The real property zoned by this ordinance is owned
by Harcourt Bull, William Bull and Jane Bull, of Atlantic Beach,
Florida, and is located on Mayport Road as more clearly defined in the
attached legal descriptions.
RESOLUTION N0. BS-16
WHEREAS, the City Commission of the City of Atlantic Beach meets
the second and fourth Mondays of each month, and
WHEREAS, during the summer months the temperature and humidity are
somewhat high, and
WHEREAS, in order to encourage attendance at the City Commission
meetings during the period of the summer months, a more informal dress
Lode would be in order.
NOW, TFIEREFORE, BE IT RESOLVED BY THE CITY CP~M ISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA:
Section 1. To encourage attendance at City Commission meetings
of Atlantic Beach and to provide more comfort for the City Commissioners
and those in the audience, the City encourages a more informal dress
code during the summer months for men and women.
Section 2. This resolution shall become effective upon its
adoption.
Introduced and passed in regular session assembled this lath day of June
1985.
William 5. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
Claude L. Fkil lis, City Attorney
(SEAL)
ATTEST:
Adelaide R. 7uc ker, CMC
City Clerk
{
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RESOLUTION N0. 85-15
WHEREAS, the City of Atlantic Beach proposes improvements to its
oast ewater treatment system, and
WHEREAS, under the provisions of state law the City has applied for
participation in the State Bond Loan Program, and
WHEREAS, state bonds in the amount of 51,500,000 have been sold and
deposited for the use of Atlantic Beath for the stated improvements, and
WHEREAS, it is necessary for the City to enter into a loan
agreement for the use of said funds,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Atlantic Beath, Florida:
Section 1. That the Mayor and City Clerk be and they hereby are
authorized to execute a loan agreement with the Division of Bond
Finance, State of Florida, the proceeds of which will be used to
partially fund pollution control and abatement facilities for the City
of Atlantic Beach, Florida.
Section 2. A certified ropy of this resolution shall 6e
furnished to the State of Florida Division of Bond Finance.
Introduced and passed in regular session assembled this 24th day of
June 1985.
William S. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
Claude Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. Tucker, City Clerk
,~t ~,.~~
We would like to express our
appreciation to [he Firemen and Policemen
who responded to the emergency tall for
Ken Todd.
We know that responding to such
emergencies is a part of your every day
job.
However, [he kindness, compassion, and '
assistance given during [his time of stress
and grief is what makes out A[lantit Beach
Police and Fire Departments the best.
For this, my son and I commend you
and sincerely thank you.
/~ ~ ///~ / /
.~_ /C ~'` W / / ' . V/ .r/ ~f/!ice/. -
~G1ti1+L~ ~~~/%~ \
i
V(:IfI CLE RCCO N'f
Gee consumption, total mileage and miles per gallon per vehicle fot
the month of May 1985:
Vehicle / Total Mil eage Cas M.P.C.
1 2684 281.1 9.5
2 2941 334.5 6.7
3 2020 225.4 8.9
i
4 2419 274.9 8.8
i
5 3383 765.8 9.2 ~
13,447 1,481.7 9.06
Response tlme [o emergency calls fnr chi non[h of `Liy 1.985:
Accidents vith injury 1.2 ninutes
Accidents vith property da;:a ge 4,1 ninutes
f
a ,
C.\LLS RECEI CF.D FOR Ti!' "OSiI! OI'
`L•,Y 140>
Phone Calls Received - 5032
Prbper[y Checks - 250
Parking Tickets Issued - 137
Calls for Service
Fire Department Assists
Bscorts
DSSCUrbance Calls
Ibmestic Calls
Pights
Traffic Accidents:
PD-Only
Personal Injury
Assist Other Agencies
Drunks
Suspicions Persons
Susple LOOS Vehicles
Burglaries
Larceny
Alarms
Juvea £le Complaints
Suicide Actempca
Insane Persons
Child Abuse
Sex Offenses
Assaults
Assist :1o [orisc
29 Forgety
16 Shooting
86 Earking Dog
45 Special Derail
25 Found Pro per[y
Sick/Injured Person
42
R Reckless Driver
76 Traffic Obstruction
47 Animal Investigation
67 Niss ing Person
31 Autu Larceny
16 :1alic sous Damage
38 Prowlers/Peeping Toms
59 OLscharging Firearms
7 Obscene Calls
1 Dead Person
2 Arson
7 Curling
3 Shopl if cing
5 Deliver }lessage
44
1
L
13
B
5
2
7
7
S
7
5
17
6
4
1
I
0
2
4
12
I
CRIHINAL OFFENSES FOR `L1Y 1965
OFFENSE Nl^BF.R COPDfI TTED NU`BF.R CLEARED
HOMICIDE 0 0
SEXUAL BATTERY 0 0
ROBBERY 1 1
AGGRAVATED BATTERY 5 G
SIIIPLE BATTERY 3 3
BURGLARY (RESIDENTIAL) 3 1
BURGLARY (NON-RESIDENTIAL) 4 1
LARCENY 37 10
.MOTOR VEHICLE THEFT 3 0
ARSON 0 0
OFFICERS ASSAULTED 2 2
TOTALS 58 22
TOTAL ARRESTS
FELONY 10
MIS DEME.'VORS 43
TRAFFIC 160
JUVENILE 13
TOTAL 269
i
ARREST CHARGE CODES :tay 1985
1 OIA Yards and NomegBgeat Yaadavghter
~ 01^ Ymdaug60c 6Y Negiigma
4 02 Fordble Rape
1 03 - Robbery
I
7 ~
01
rgpented AOa11
6 ~ f O5 Bretkieg d Euterktg
7, ~ 06 wrteny
~ 07 - Motor Vehkk Tbeft
2 ': O6 Asdt-N01 Aggareted
0! Anon
~ -. u3
10 . - Fotgry A Comterfetting
1
j 3IA -
r Frmd
.' IIB - Worthks Cbecks
12 - Embexrlemmt
i 13 Stoka Prop.: Boy., Rea, Pon
~ 11 - Vaedd'um/Malidoas Mucbkf
IS Weapons: Poaedag,ek.
1 16 Praetltutbn l Coarm. Via.
17 - Se: Offmn
18AS • $ale/MmufacMe of Opbtm and Ib Derivatises
(Yorphite,Raou, CodeLe)
18DS - Sde/glanafaclme of Comae
' lees • Sek/Ymufaelme ar Yaijmoe naa Hrhii. et
IBDS• SsWlrtaao6etan of Yethdtrtte
]8ES - Sak/YaouGctme of Other Synthetic Narcotic
(Demerol. Tdadn, eteJ
IBFS - Sek/MaoufsaMue of othn Stimuknb
(Benxedrme,ek.) .
IBGS- Sale/Mmufuttae of other Depremnb
(Nembatd, l.omioel, ekJ
ISNS• Sde/Maanbctme of oMer Naliu®ogena
(ISD, da. etc.)
1815 SakJMaau(scture of Narcotic Panphenudia
18AP - Pos. of Opimm ead Ib Dematien
(Morphoe, Ileroo, Coddae)
166P Poaeesooo of Cotame
ISCP - Po®easioa of Msaijuam (Inc.fWhhh,ek.)
i BDP - Poveasron of Metludone
18EP - Pon. of Other SyatheUe Neteotic
(Ihmerd, Tdarin, ete.)
ISFP - Pov. of Other Sthnuimb
(Benzedrine, ek.)
I IiGP - Pov. of Other Deprtvan6
(Numbubi, Luuutul, ek.)
1 BHP - Pou. of Other NaBudaogens (ISD, Glut, ek.)
IBIP - Poaraatoo of Narcotic Penpheradk
19A - Gambhrg-Book Making
(florae and Sport Bks.)
190 - Gambbng-Numbm andl.otrcry
19C - Gambling - AB Other
1 20 - Offense Agairut the Fem0y end Ch0drm
20 2I - Driving Uoder the Idluenx
3 22 - Lpua la.a
9 23 - Diwdedy Ia[oaictiw
Z< - Diawdvly Cooduet, Dist the Pace
3 26 - All Other (Except Tn~c)
28 - Curfew end Loitering lawt
(Juaem7es, Under Age IS Ody)
29 Ruruw~ya-Lord
(lurenik, Undo Ap lBOdy)
l Cap lases
+ Traffic Offenses
ATLANTIC BEACH PO LT ff' IIEP,\RT1R:N'C
MONTHLY AkRF.STS PF.R OFFI CF.R
`fONTfI OF _aY 1g8i____
JUVENILE.
OFFICER FELONY MiS DE>IFA`:OR TRAFFIC FF.L. MIS.
i
LL Ca ruin ____
Lt. Vander Wa1 _ 1
S L Smith __ 6
S L Christman 4 17
De[. Jackson 2 2 1
Greene 10
Kaczma rczyk f. 2
Tr au er 1 4 H
Carver 1 6 1
Archer 1 21
Woad 2 G 1 2
Hall 1
Bussell 4 12
Bartle 1 5.5 20
W11 son 6 28
Beaty 1 10.5 27
Love 2 1 2
Stevens (Res.) 1
Johnson (Res.) 1
70TALS l0 .} t;n G y
= 269
w. -.
~>
Miscellaneous:
Department Personnel tiles vere audited by FDLE on 5-16-85; all
vere acceptable.
The evaluation of the ~^hLic Safety building continues of cer a
"Eire" in the electrical system on 5-25-B5.
A Stale advisory agency is providing an evaluation of out communi-
cations system of cer recent base station problems.
Collective Bargaining is getting under way for [he upcoming year.
The Lifeguards have reported several voter rescues and firs[ aid
cases. The surf conditions have been discussed with [he local
media to advise the public of run outs and cu rren [s.
The Department of Corrections has implemen ced new guidelines which
will severely limit [he use of our holding facilities.
Meetings: The Chief spoke to the Beaches Civ icon Club on personal safety
on 5-2-85; attended Police Memorial Services ac the Jacksonville
Police Memorial Building on 5-15-85; taughc at IPT9 on 5-22-85
on Physical Fitness Programs; and met vich [he Northeast Flot ida
Chief'e Association on 5-23-85.
palm. Wood and P[lm. Ha71 spoke [o students aC [he Atlantic Beach
Elementary School about Safety...Bic yc les, Drugs, etc.
ATLANTIC BEACH POLICE DE PARiNENT
MONTHLY REPORT
MAY 1985
Notable Accompl ishmen[s:
Arr es[ of a suspect for Strong Armed Ruhbery Wade by Ue[. Jackson
Ayres[ of a suspect for .\rmed Burglary and 2 moots nggrava[ed
Assault (suspect attempted suicide in custody) by P[ln. Bartle and
Ptlm. Trainee Beaty.
Arrest of a suspect for D.U.I., Battery, and Ba[[cry on a Police
Officer by P[lm. Trauger
Ayres[ of a suspect for Criminal Mischief and Battery on a Police
Off leer by Ptlm. Nood and P[lm. Creene. (Also resin Ced in damage '
to a patrol wr by [he su spelt .)
Arrests of 2 suspects for Burglary at Atlantic Beach Elementary '~
Sclwol by Pt Lm. Yilson and Ptlm. Raczmarczyk
Ayres[ of 2 suspects for residential Burglary by Ptlm. Lore.
Arrest of a suspect for Aggravated Battery (shooting), investigation
included Lt. Garvin, Sgc. Smith, Det. Jackson and Pclm. Bartle
Arrest of a suspect for Aggravated Battery (stabbing) by Ptlm.
Trainee Beaty ,
Arrest of 21 D.W .I.s led by Ptlm. Bar cle (5 arres [s), P[lm. Trainee
Beaty (5 arrests), and Ptlm. Wilson (G arrests)
Training:
In-Service [raining has included courtroom test irony, report writing,
and ocher zela ced subj errs.
Ptlm. Greene coapleted a course in Juvenile crime at the Federal
Training Center in Clynco, Georgia (Federal Grant for crpenses).
Sgt. Chr isiman will attend a rourse a[ IP?M in June, "Supervisor of
a Selective Traffic F.nforc ement I'r ogran." (State Grant for ezpenses)
All sworn personnel will attend a bicycle safety enforcement and
ertglneering course provided free o: charge by IPTM in conjunction
with Neptune Beath and Jacksonville Beach officers.
In-Service [raining days will be cancelled through the summer months
[o provide more manpower on the street.
Radar and Oef enaive 7accics schools will be offered ac the Sc. Augustine ,
Technical Center a[ no charge in June and July. '
8
-_ ~_.
I
ATLANTIC BEACH FIRE DEPARTMENT
INFORMATION i2E PORT
DATE: Nav 23,1985 RUN L.'UMBER; 0585-332
LOCATION:Dead End of Atlantic Blvd.
INF0Ra7ATION:
Atlantic Beach Fire Dept. received a signal 4&53 alarm at the dead ~~
i
end of Atlantic Blvd. Upon arrival units found a car had struck the post
which mark the dead end at a extremely high rate of speed. Upon impact
car caught afire and the driver was ejected through the sunroof. The pass-
enger was dead at scene. Fire was extingushed by the Neptune Beach Fire
Dept. First aid and life support was administered to the driver who was
transported to Baptist Medical Center in critical condition by Lifeflight.
_ ~
ATLANTIC BEACH FIRE DEPART^.F.NT
INFOMIATION REPORT
DATE: MaY 22 1985 RUN NUMBER; 0585-330
LOCATION:' 175 Beach Ave Atlantic Heach F~_ '.
INFORMATION:
Fire Department received a signal 25 alarm at 175 Beach Avenue.
Upon arrival heavy smoke was coming from second floor of building. Fire
was attacked by personel from Engine 3 and Squad 2, Engine 1 started laying
a water supply line from the hydrant. Fire was extingushed in a matter of
minutes, water from the hydrant was'nt needed.
Fire was caused by a pan of food which was left on the stove with the .
burner still on. Fire damage was contained to the kitchen with smoke dam-
age throuyhout the entire apartment. Property value was $300,000.00, property '.
lose was $1U,000.00 During the fire the owner of buildiny received a
laceration to his left forearm breaking out a sliding class door.
ATLANPIC BEACH FIRE DEPARTMEL7f
INFORMATION REPORT '
DATE: Mav 18 1985 RUN A'UMBER; 085-320
LOCATIONS 'Corner of Donner and Francis
INFORMATION:
Fire Department received a signal 18 alarm at the corner of Donner and
Francis. Upon arrival found a 33 year old :=lack male w}:o had been shot twice
with a small cal. handgun. Patient had been shot once in the throat and once
in tha chest. Administered first aid and basic life support. Rescue arrived
and started advanced Life support. Patient was transported by Lifeflight to
University Hospital
ATLANTIC BEACH FIRE DEPARTMENT
INFORMATIOL7 REPORT
DATE• Mdy 17 1985 RUN NUPIBER• OsR -~16
LOCATION: 'Plaza and Seminole :r*^^r .,r v; A De~
INFOfilfATION:
A 23 year old white female traveling at a high rate of speed East on
Plaza entered the five way intersection, became airborne and struck a palm
tree directly across from the station. The sound alerted personel from the _
station.Upon arrival at scene Fire and Police personel found the driver '
unconac ioua with a laceration to the forehead and a broken wrist. Administered ±.
£irat aid until arrival of Rescue. Patient transported by Rescue 3 to Heachea ~,
E.R.
i
ATLANTIC BEACH FIRE DEPARTMEt.*P
INFORMATION REPORT
DATE: MaY 15 1985 RUN NUMBER; 0585-310 .
LOCATION:_On the I C w Bridge
INFORMATION:
Received a signal 4&53 alarm on ton c£ the I.C .w. Bridge. Uoon arrival
two persons were injured. One patient received lacerations to the face and
back injuries. Other patient received a major laceration to the right leg. '
Aesieted Rescue and Jacksonville Fire Dept. Eng 29, Rescue 3, Rescue 19
w._ ~ ''_
ATLANTIC BEACH FIRE DEPARTMENT '
ZNFORMATIO:: REPORT
DATE: M~~• ~~ 1985 RUN NUMBER; nSaS_9gq I
- LOCATION:' 1898 Sea Oats Drive AYlan it R arh ri
INFORMATION:
Fire Department received a signal 25 house at 1898 Sea Oats Drive.
upon arrival fire was out. An apparent wiring failure resulted in a fire in ',
the dryer which spread to the wall. Drywall was removed to check for fire
spread, none was focnd in the wall or attic. Property value $72,000.00
Property loss $500.00
I
' muy 3, ~y~
v
Ne would like to express our
spprecia[Son to the Firemen and Policemen
who responded to the emergency call fo[
gen Todd.
We knvv tha[ responding to such
emergencies is a part of your every dey
fob.
However, the kindness, compassion, and
assistance given during this t!me of stress
and grief 15 what makes our At lan[it Beach
Police and FS re Depar[rent= the fie[.
For this. my son and I cu:,:~end ynv
and sincerely [hank you.
'"-'~:. Y.L. ,~~i. ~./C't~C\
ATLANTIC BEAC}i FIRE DEPARTMEh^f
INFGRMATION REPORT
DATES MaY 3 1985 RUN NUMBER; 0585-284
LOCATION:' 84 Sarato a Circle Atlantic Beach, F1.
INFOFdIATION:
The Atlantic Beach Fire Department received a signal 26 alarm at 84
Saratoga Circle. Upon arrival Fire Dept. personel found a white male who
was in Cardiac Arrest. Basic life support was started and Jacksonville Fire
Dept. was notified that we had a Cardiac Red. Rescue 3 and 11 arrived and
started advanced life support. Patient was transported to Beaches E.R.
by Rescve 3 where he died later that day. Responding Atlantic Beach Fire
Dept. personel were Firefighter J. frill and Firefighter T. DeHOf. Attached
is a letter signed by the wife and son of the deceased.
ATLA.*7fIC BEAC}i PIKE DE P.1tM'J:E GT
INFORMATICV REPORT'
DATE: Mav 5 1985 RUN NU;_BE3; 0585-283
LOCATION:' 2156 Mayoort Road. Jacksonville.F1.
INFOPI•fATION:
Squad 2 and Engine 3 responded on a sig 45 at 2156 Mayport Rd. The
manager of Dino'spizza called A.B. Fire Dept. and reported that a wall
had been blown over onto a L.P.G. tank and that it was leaking. Upon arrival
unite from this department found that a wall had been blown over by high
winds onto the tank but there was no leak. Advised Jacksonville Fire Dept.
of the situation, and Engine 41 came to scene to make a report.
; m
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ATLANT ZC BEACH FIRE D::PART:9E h'T
CALLS FOR AID BY TYPE
SIGNAL NI7SBER TYPE CALL NUMBER ANSWERED
4&53 ACCIDENT WITH INJURIES 2p
7 DEAD PERSON 1
15
, SPECIAL DETAIL/DEMONSTRATION 1
,
1? PERSON SICK OR DOWN lp
18 PERSON SHOT - 1
19 ANIMAL BITE p
24 INVESTIGATE 1
25 ~ FIRE/EXPLOSION lp
26 ~ CARDIP.C/DROWNIfiG/AS Ff:'CQATIO`: 11
29 WIRE DCWN 6
39 WATER/BOAT ACCIDlS1 p
41 ARSON p
45 GAS LEAK 3
46 AZ RCRAFT ACCIDENT p
48 INDUSTRIAL/CONSTRUCTION ACCIDENT 0
53 PERSON HURT 6
60 SUICIDE OR ATTEMPTED 0
62 CUTTING/STABBING 2
76 ASSIST OTHER AGENCY 8
89 ILLEGAL BURNING 0
9C FIREWORKS 0
96 ASSIST MOTORIST/PERSON 0
n._ v>
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,\
MONTHLY I2EPOkT
i
ATLANTIC BEACH FIP.E DEPA4TNEh^f
MONTH OF: MAY 1985
i
i
sy -__
Its President
AttcsC
By" ----~----
Sts R
(COFPi~P.A'CE SF_AL)
STATE OF FLORIDA )
CD'd6TY OF UWAL )
Before me, the undersigned authority, [his day personally appeared
yell kno.~n to me to be the _ _ _~and
of
-- -- - - _ and [hey-
acknowledge exzc u[ing the foregoi rg L't it i[y Agreecent under authority ~~
duly vested in them by said corporation as such officers and for the
uses and purposes expressed [herein.
VII::ESS my hand and official szal this day of
19
btary Public, State of Florida
ac large
Ny Cesc.i ss ion ex, fires:
hereunto of filed, by their duly authorized of tic ers, the dap and year
firs[ above written.
Signed, sealed and delivered CITY OF ATi-.4S'IIC BF_4CN
in the presence of:
(S FAL)
B7 __
Its
Att es r.
ev:
lcs
STd CF OF f10RIDA )
C~IiSP' VF DUl'AL ) '
Belo re me, the undersif~pc•d authori ry, [iris dey ,~~rsonally '~pp.'a red j
well knoe:n [o ne ro be [he __ _ _ __ _ •i
and ac:no•.led ga (s)
e>zcuting tilt feregoi ng Gtility dg reere~nt under authority dul }' vested in
them by said City as Bach o`f is ers and for the uses and purposes
expressed [herein. ~I
GI'ISeSS my hand and official seal [his ____ day of
19
wy Commission eal'i res: __ ___ _
do racy Public, State of Florida
at Large.
or where the consumer has been found to be using water illegally, and to ~
assess a fez for resco ration of service.
28. T};e CiC}' shall Lace [he rigLC to assign and transfer [Li5
Agr eem.Ent a[ any time provided, buwv vcr, [hat no such assigneen[ or
[ran sfer shall impair the rights or increase [he obiip;a [ions to the ',,
Developer or any other person pur s:ant m Chis Ag reEmcnt. This
Agreement sha11 be binding upon and shall inure to ti;e hcnet it of
Developer, Ci Ly and their heirs, successu rs, and assigns. This
Agree,^cn[ shall not be sold, conveyed, assigned, transferred or
otherwise disposed of by Developer without [he written consent of City '
Eirst having been obtained, which consent shall noC be unreasonably
withheld.
29. Onl ess sooner [Era~i na tod as provided Larein, [he ini[ia1 Cerm
of [his Agrcc:oan[ shell be 15 years. After tl;e initial term of li years
from [L•c dace of the ruru[ion of this Agro~:cen [, [he [en=s of this
Agrcu.:ent sha 11 au toga [icall}' be renewed fee succ cssive [eras of five
(5) }'ears each, unless written nocice of tc rr,in:rt ion of this ?grer.en[
is provided by either party hereto, uoc less [}:an. ninety (90) days prior
[o the co2~nencemen[ of any such rcno•: al period. ~
70. It is expressly agreed and understood betwzcn Developer and
City [hat there are no other wri [ten or verbal ag aenznt applicable i
herein between Developer and City.
31. This An regiment r..ay be arrndzd and :no<iified frog tine [o tixe
as necessary by ..u Coal writcen aF;ree'r.ent of [ire parties hereto.
1H WII:G E55 WHEREOF, the Developer and [he City i:ave caused these
pees: nCS CO bE oxecuted and Liar it rr sport ivo co: }orate :teals [o be
~~
Certified Mail, posca ge and charges pupa id thereon [o carry it to its
addressed designation, said notices co be addressed as folLna:
TO DB1'BLOPh:R:
'IO CITY: City `manager
P. 0. Box 25
Atlantic ?each, Fl urida 32233 '~
F.i [her [he Dee eloper or [he Ci [y v:ay change the place [o which said
notice [o [haC Party shall [iie rcatcur be given and addressed by giving
notice in writing to the other par q' in the Wanner set forth above. ,
26. The parties will, a[ any time, a[ [he r. quest of either one,
promptly execute duplicate originals of an inst n+men[ in recordable '.
i
form, which will constitute a short fo nv of this Ag rr~emcnt, setting
forth a description of the D~vrioper's pro; erty and any of the terms of
[his :lr ttm Dent and any other ;or[ions i~o reof esc epU ng the amount of the
charges, as ei [}ier par[p ca}' :eques[.
i
27. City cues no[ assume any duty or oSliga [ion [o iurn ish eater
for e'r.ti nguishing fires. City does no[ guarantee an uninterrupted
supply of eater for any purpose or water ac any particular pressure for '
any purpose and reserves and shall have Che right to sim[ off the water
i
in its Hain at any time for Cite purpose of making ropairs or extensions '~,
or for ocher purposes incidental to its ua ter suppl}' and will no[ be
responsible for any dar.age canned by low pressure. Cite shall have the
right to turn off •: ater service a[ [he main fot [he protection of [he
City if a residence, apart r..en[ or building has been burned or Corn dun,
events, this Ay,m~s,ent shall tc nci note as to the City on any portion
sold and all of its obligations or ]iahilines hr round er shall tea>e and
dote nnine for that portion sold.
?G. The City may slut off the supply of :;titer to [hc Dev el~O er. or
any oti~er nrrson and refuse to accept sowage from [he Ueveioiler or any
other person if the Developer or auy other persons shall Cail [o pay any
sums due },r rounder vireo [he sa;ae hoc u~ae due and paynbla, or shall fail '
to perform, abide by or comply with any of cite ocher cove n:mts, terms,
or conditions of this Tgrc eman[ [o he pcrfor-,ed, abided by or cor~plied
vich by Devcl oiler or any oti;er person, and if eaid defaults si:all not -
haae been cured within five (5) Jays after the y,i v; ng to the Ueveloper
or any other person of wri[i cn notice of such default. Sothing herein
contained, i[ovever, nor am' action taken by [he Ci q' in pursuance iic roof
shall is pair any other rcaedy :;h ich the Ci[y right }~a ve, a[ law or '
equi [y, for breath of this Ag rc eoen[ Ly Osn or or am' ocher person. In
[he even[ [he Devclon~a bee o:oes insolvent or bnn::rupt or rates an
assir n:na nt for the benefit of creditors or a tats tee or a receiver is
appointed for the Developer, or if banY rup[cy, reo: ganizacion,
ar r.;ngescnt, insolvency or liquidation proceedings are instituted by or -
against [he Developer or should Developer no[ submit and have approved
by Cit}•, engineering plans with in sir months from hgrecr.ent date, or
fail Co begin construction within [welae months from Agreement dace, or
t
fail [o co-:plc[e construe eion within ei gi[teor. conchs from Agrc aneat
date, then and in am sash e~~: rots, the Ci[y si:a71 the option [o -
terminate or renegotiate [Lis Ag rceocnt.
25. All notices required or dcsi red tb he given he: eunder shall be
in vri [ing and shall he valid if tailed by Gaited States Fegistered or
.__~,_ - -
20. In [he event any physical facilities laid ur installed
pu rsoan[ to this Agreement are required to he moved, rtlaid, altered or
replaced by any Kovernmental power, inc]ud ing power of eminent domain,
the expo ise thereof stall (as between these parties) be borne by the
owner of Uie facil i[ies of Cected.
21. So r:i cis Landing any provision of [1':is Agrcemz nt, the Ci[y
shall have no obligation to provide sower services co any customer -
producing sewage which is unusually burdensome, unusually costly to
process or substantially decrimental to [be sewage system.
22. This Agreement shall be binding upon the parties hereto, their '
successors in interest, grantees, transferees and assigns. In the even[
Developer transf ors any par[ of the Developer's Property, it will cause
its transf uree to cocnpl}' in all respec [s with Uie pruvi stuns of [his ~'
Agreer..en[. 'this ?.S~e~men[ for the exclusive right to supply potable
water and domestic sewerage son ice sire 11 be a reservation and rendition
running with [he land and shall be binding upon the successors,
transferees and assigns of Developer shall he binding upon anp builder
building on said Deveioper's Proper t}' and shall be binding upon all
purchasers of Developer's Property from Developer, its successors,
transferees or assigns. Developer covenants Cha[ all instruments of
conveyance executed by it, its successors, transferees or assigns, shall
contain a legend chat such conveyance is subject to the rights and
privileges granted by this Agreement to [he Ci [y, its successors and
assigns.
23. In [he even[ [he City sells either its scoot treatment plant
or toll ec [ion sys [em or its water trey Vent pl+:n[ or war er distribution
system [o any gov ern-:ental body or eny o[i~er purci~aser, [hen, in such
and water systems herein cunt cmpl a[ed, inc lu:!ing francLises and cater
yell permits. In the event that any req uisire gover n:~.ental agency
approval cannot 6e obtained and prevents the Ciry from providing the
water and/or sewer se nice con[emplr ed to be provided by the City [o
[he Developer pursuant co this Agreement, then in [ha[ even[, [he City
will, vi thin sixty (60) days after notification by the gov ernmcntal
agency that [he said service cannot be p: uvided, and upon written deaand
of [he Developer, refund any money to [he Developer paid by Developer [o
City for the service which is not pe nxi[tcd by [he gove n;c.entnl agency
Lo be provided by Lhe Ci[y m the Developer, after [he City shall have
deducted Crom such money [he cos[ which the City has incurred or. behalf
of the Developer for the provision of the service which is proiribi[ed by
[he regulatory agency.
18. This Agree.=.;en[ shall not in any c.a nner w~r.atsoever prohibit or
preveo[ Ci[y from extending its domestic sever or potable water
facilities in, or to an area no[ referred to herein to service other
developers or cersw-:e rs, so long es said cxlensions and furnishings of
said services do not interfere vri th [he fvrnisiring of the services ,
provided for by [his Agreer. en[.
19. The provisions of this Agree^:cn[ shall no[ be construed as
establishing a binding precedent as w any of the terms of this
Agr cement vich respect to any o[irer lands chat nay be acquired hereafter
by Developer and which are no[ presently covered by [his Agreement or as
m any other c~s[or~e rs of Ci[y. In the even[ Developer acquires
additional land adjac en[ [o or in the vicinity of the Developer's
Property it turns this Agreer-.ent, Lhen Decel o-per nprees [o give City the '.
firs[ refusal to serve the additional lands so acquired.
1=
15. In the even[, a[ a future date, the Ci p' is rcyuired [o incur
costs in order [o satisfy a Federal, S[a[z, County or Ci[y
environmental, ur any other regulatory mrthority Laving jurisdiction,
pollution standard or standards, [hen in such evanC, Ci q• shall recover
such costs Crom its exis[inK cus[omzrs and future cost Diners by a charge -
based upon a pro ra [a si:are of the gallonage used by an existing
customer and by a charge based on a pro rata share of [he estimated
gallonage co be used by future custon.c rs. Said cLa rge to be paid by [he
customer within CLree (3) gears from [hr date of billinK.
16. City makes no repress ntat ions or warranty as to any liability
for possible injury to Developer or any ocher person created by force
maj eure and is to make no pa.ane nts to or to have any liabi]iq•
whatsoever [o Developer or any other person because of inability to
furnish services due [o occ urrvnce of force :vaj eure. The tern "force
r.~aj eure" as ..~.^..pl Dyed herein shall be ac [s of Cod, stria-:es, lociou[s, and
other industrial disturbances, acts of public onemy, wars, blocla;d es,
riots, acts of Arced Fozc es, epid e-sic s, delays by terriers, i::abili[y to ~,
obtain r.,a [erials or nigh [s-of-way on reasonable [crass, acts of public
authority or reKulatory a@encies, or an}' o[ier cause, whether or no[ of
the same kind as enumerated herein, not within the control of Ci [y and _
which by [he crew ise of due diligence Ci [y is unable co overt o-e. The
obligation of Che Developer Co pay for potable water and domestic sewer
services shall abate and be suspend ed during any Period [hat the Conpany
does no[ furnish services by reason of occurrence of force majeure.
ll. The patties hereto agree [o use [heir best efforts [o obtain ..
all requisite govo rn-~cntal approvals, licenses, and purai[s which ray be
per essary or desirable for [he cunstnmtion and operation of the sewer
12. In the event, a[ a future date, City's conucc [ion charges,
rate schedules or fees are revised, subject to the operating rules and
regulations and approval of gover m^en tal authorities having
jurisdiction, then in thac event, Dee e]op er and/or assigns shall pay the
charges, rates oc fees then in effect nn date of payment.
13. If any da:ra ge is done by Developer, its agents or employees [o
the ex is[ing potable eater lines or do~est is sr: er lines of Ci[y, or the
potable eater lines or do:vestic sever lines inscal]ed pursuant to this
Agreement, during or after file installation [hereof .~,nd by reason of '.
construction Mork, Developer shall a[ its erponse, :'.ake such repairs as
aze required [o restore said potable eater or doaes[ie sewer lines to
[he condition which existed before loch da^.age occurred, but in the
event Developer does no[ restore said potab'.e water or dor,~es[ic sever
lines promptly, [i~en the Cicy small have file right, a[ its option, [o
cake any repairs as nay be n•ascnxbly nee cssa rv in order to pro, erly
restore said potable water or donesCic sr:er lines (hut this clause
shall not be construed as to require the Ci [y to r..a+e such repairs or -.
tes[ora [ion). Developer sha 11 provide the City and its agents adeG ua to
access and facilities for [he Waking of said repairs. All costs
incurred by the Ci[y in nak ing such repairs shall become ir. wed is [ely due
and payable and shall be considered in all respects [he sae„e as if said ~ -
charge had arisen in connection vi[h the rendition of the tegul ar
services of the City.
14. I[ is the purpose and intent of this Agrecaen[ [o Kran[ [o [he
City the eaclus ive ri gh[ [o furnish all of the Poiable water and
d omes[ic sever service [u all oC the D~•veloper's Property descri `.ed in
F.xhib i[ ~~A".
property dedicated to City by Developer, v) 1" = 200' scale site plan of f
Developer's Property in a Corm sat isf:r. tnn• to City.
8. Developer shall pay a planning. inspection and ruv iev fee in
order [o defray all actual costs [o Ci[y of preparing and executing this
I
Agrees ent, incl udfng any attorney's fres; conducting the review of the
engineering plans ..-md specifications; and conducting [he inspection and
testing of the installation of the Developer's Fs trnsion; and all. other '
admini stra[ive costs inrid ent to aereptinK the Developer's F.xtensian.
L'p on execution Le roof, Drv el upcr s}:all pay an es[i-:a [ed fee of
$1,500.00. Fr for [o ace cp[ance of Developer's Extension, [he full
actual ammmt of said fres shah be del ero.i ned and a refund shall be
given to Developer from es ticated fees paid or additional fees in excess
of estima [ed fees shall 6c ?aid to City b}• Developer.
9. Developer shall pay Ci q• a "Sewer I:e;:ace Fee" of $1,035.00 per
residential unit or as is o[iie rw ise previ<ied in the City's Code of '
Ordinances. '
10. City will provide water and sewer service to Ccvel oper's
Property upon payment [o Ci q• of the s[zneia rd water connection charges
as provided in the Ci [y's Code of Ordinances, including costs [o furnish
i
and install water me~e~s for mul [i-residential service.
11. Paynen[ of the Sewer lnpact Fee, water connec Cion, and water
meter charges, shall be made in full at the tine Ci[y approves the
on-site engineering plans and si3ns as Cite resp ens i6le utility for
Depar [-~ent of Envirunr.en[al Ro gula[ion approval Eor each phase of ~
Bevel opnant. '
~-
City shall only be obligated and will only provide vatcr and suwar
service to Developer's property upon 100% co:apl etion of all terms and
cond i[lons of [his Agrecmen t.
5. The Developer shall provide Ci[y a maintenanee bond co
guarantee the raincenance of all potable vat e: and domestic sewer lines,
pipes, manholes, force rain and lift station, against def ec [s in
workmanship and aaterials for a pe ri nd of one (1) year from the date of
completion [hereof, conveyance [o the City, and written arc eptarce by
[he City. Bonding company Host be licensed in the Stale of Florida and
rated "A" or better by "Best Guide to Insurance Corpanies".
6. Lity shall not be obliya u•d to provirie valet to Developer of
Developer's coot rat [ors for roadhuilding or landscaping purposes.
7, Opnn Installation of the eater and sever collection s}'s tem
upon conve}'ance [o the Ciry and vri[[en acccp[a nee by [he City, Ci[y or
its assigns shall be the sole, absolute and excius ive owaier of [hc water
mains, water se n~ices bat'wean Twins and water peters, water meters,
c ollec[ion manholes, sever [rnng -:wins be cween r..anhotes, lift station
and forty main wi Chin public ri gh i-of=:ays and/or dediw ted eascmen is
within and outside of [he Developer's Property, and Parcels deeded [o
City, and regardless of vho :nay have installed or constructed same.
Developer agrees [o furnish City with the following: i) a good and
sufficient Bi71 of Sale conveying [he fat it i[ies of said water and sewer
system, ii) varranty deed on lift station and pupp station sites, iii)
accurate 1" = 50' scale piio [o mylar asbui][s signed and sealed by a
registered Florida land si r:eyor, iv) a 1" 50' scale photo mylar
asbuilt survey of lines wi[i+in case. ones and stoic cu res and lines vichin
dedicated eas.-menes wi [h in and outside of [he Develop cr's Properly and
parcels deeded to the City.
If buildings nio re than twro stories in Leigh[ are constructed on the
Developer's Proper [y, [he Developer, at its cost and expense, agrees [o
furnish to [he City an)• equip-.on[ vbich ray he necessary for pu:ep ing
potable water to the additional neigh[.
A[ all Cic.es during the construction of [ne potahlc ~a ter and
domestic sewer lines and related equi preen[, [he Ci q' shall Lave access
to [he construction and the ri gh[ to inspect the rons[ruction to insure
[ha[ the lines and related equipment are being installed in accv stance
with [he plans and specifications approved by the City.
Any requested change order ~.-.u st he subni[ted in writing [o the City
from the engineer of record and include such additional drawings, etc.,
as necessary for City [o make a decision. Ci q• shall. have seven (7)
working days [v make a decision on any change order request.
Developer shall construct the doa:est is sewage disnosal Imes in
such manner as [o insure that no eater from air conditioning systems,
ice rach fines, swi~~:wing Pools or any o[iier form of condensate eater shall
flow into the domestic seva ge disposal lines of the City and nothing
other than sewage in its s[r is test sense snail be discharged into the
I
`! domestic sewage disposal system of [he City. City shall in spec[ all
1 connec[ivns made by contractors, plumbers, builders, etc to any portion
1 of [he sewer s}•s tem [hat discharges into the sewage collet tfan system
i
' owned or operated by Ci Cy or contemplated to be owned and operated by
I
Ci [y under the terms and conditions of this Agreeeent yrior to being
1
covered up.
contractor employed by the Developer has proviLed Developer with the
following and agreed Co the following:
a. lU0% payment and pe: fnrmance bond.
b. A one-year guarantee against defects in workranship and
materials in the construction of all potable water water and domestic
sewage lines, pipes, and manboles.
A preconstruc [ion conf crcnce shall be held ac the business of Cice
of City with Developer and Developer's angincer and water and sower
contractor present to discuss approved plans, job schedu ttng, submittal
of shop drawings, construe [ion [echni ,u es and any other matter pertinent '.
[o [he construction of Developer's project.
Such potable water dis tribu[ion systems and domestic sewage
collection lines, pipes, and nanboles shall be designed and constructed
with plans and specifications approved by the Ci [v and be in a;corda nee
with applicable Yovernmencal regulations. After construction by the
Developer and conveyance [o the City, and wri [[en acceptance by the '
C1ty, the said po [able water ¢ains, wager services betvuen mains and
water meters, water meters, fire hydrants, sewer trunk rains becueen
manholes, manholes, lift s[a [ion and force r. ain shall become the sole
property of the Ci [y and shall b2 maintained and operated by [he City.
Upon conveyance [o [he Ci q, and written acceptance by the Ci [y, it -
shall be [he responsibility of [he City to maintain, operate, repair and
replace all water pains, water services, water r„eters, sewer trunk c.a ins
between manholes, manholes, lift station and force Cain, installed by '
the Developer pursuant Co [his Agree-.en[, within public right-of=:ays,
Such restrictions shall be recorded in the Puhlic keco rds of Duval
County, Florida [en (10) days prier [o Developer begi nning construction.
The Developer shall deliver co the Ci [y one (1) copy of the recorded
instrument of Covenants end kuscrictions as soon as sane is recorded and
before Developer's Property is cnnnec ted to [he e+:is Ling potable water
and sewer facilities of [he Ci[y. The Developer agrees [o assist the
City in every reasonable manner in enforcing said Covenants and
Restrictions.
3. Ci [y agrees that after Developer },as connected up to [he
system of City, and conveyance to the City and written acceptance by the ~'
City, the reaf ter ~i ty will provide, a[ its costs and expense, but in
accordance wi [h other provisions of this Agrernc nt, including rules and
regulations and rate schedules, sewer sc rvice and water sen~ice to
Geveloper's Property in a manner conforming to reasonable requirements
of peblic governmental agencies i+aving jurisd is tion over °i[y's aster
and sewer operations.
4. Developer shall, a[ its costs and eo:pc-nse, install ail of the
s
potable water disc ributi on and domestic sa•.:age tollettion lines, pipes
and manholes which may be reGuir ed on Developer's Proper q•, including
i
engineering cost, to connect City's plan[ to the developed portions on !
[he Developer's Proper[}•, and all other facilities necessary [o make it
possible for the City to provide adequate potable water and domestic
sewage service.
Before Che Developer cu--~ene es any construe Lion of [he potable :.
water distribution and domestic sewage collection lines, Developer
agrees [o furnish the City evidence ::atisfac tory to the Ci[y [hat the
I. Gpon dw terms and conditions herein contained, the Cicy
agrees to pew idc po Cnhle cater and dosestic s:a~er services to [he
Developer's Pruuer c}' and the Developer brreby agrees that [he Ci[y shall
have the exclusive ri gL[ [o furnish Potable xat er and do;.iestic sever
services to the Developer's Property and all portions thereof and [o all
6uildin.gs constructed thereon and to all occupy n[s [i.'. roof upon the
[erns and ronditicns i~erein contained.
The term "d umc--stir savage" used in this pn ragraph and referred [o
throughout [his Agrer::en[ is de[ined as follows: flu=ran waste including
liquids and solid matter carried from pL~mbing fixtures no really carried
off by drains and se: ors, and, exc ep[ wbere specifically excluded bath
and toilet wastes, laundry wastes, kitchen ;: astcs and ntiier similar
wasC2s.
2. Prior to the Developer starting cons [ruction on all or any
part of [he De aeloper's Property, and Developer will cause said
Developer's Property Co be ride sub, ec[ m this Agreement and the
following Covenants and P.c s[zictions:
?he Ci[y of Af lantic Beach has the sole and exclusive right m
provide all water and savage fa<ilities and service to [he property
described ire rein. ~o well of any kind shall be dug or drilled on any
one of the lots or trac [s to yrovide water for use within [he s[ruc Lures
to be built, and no potable water shall be used within said strut [ur es
except potable water wi~ich is obtained Crom the Ci[y of A[l antic Beach.
\othing herein shall be construed as preventing [he digging of a well [o
be used exclusively for use in the yard or garden of any lo[ or tract or
to be used exclusively for air conditioning. All sewage from any
building r..u s[ be disposed of [ivou gh the sewage lines or [irt eugh [he
sc:age lines and disposal plan[ o'. nod or eentro7 led by [he Ci Cy of
Atlantic Beach. So water from air conditioning s}'s cams, ice nachines,
svi;:~ning pools, or any other form of coed ensa[e water shall Se disposed
of through the lines of file stover syster:,. The Ci [y of Arlan tic Beach
has a non-exclusive perpetual and unohstnxted case _.ent and right in and
to, over and under pr ~;erty as descrihed in l:::h Sbi[ "A" for the purpose
of ingress, egress, install a[ion and/or repair of ova [cr and sewage
facilities.
r...._ -
L1T!1.11'1' eru:: r•gEST
THIS :?GR F.F "IF.VT, :vadn and m:t rred into this _ day of
by and bc[wrcn the Ci[y of A[lan[ic Beach, Florida, a
municipal corporation, i+r rcinr, (4er referred to as "City", and
and its successors and assigns hereinafter re: erred [o as "Developer".
WH ER F_?S, Developer o•.+r.s land in D~.rva1 County, Florida,
which land is described in the a[cached Fshibi[ "A", which land the
i
~ Developer plans [o ir,p rove into _ _ ____ ___ ,
i
hereinafter referred [o as "Developer's Proper[}'", and
~ 6'H ER EP-5, Ci[v is [he owner of a water plant, veto distribution
1 system, sewage coil ec[ion system and seua ge traatr_en[ plant in [he
vicinity of [he above described propercy; and
I:HER FAS, Develeper will need ~+ac er and sower sea vie e, and Developer
i
+
t desires City to furnish same; and
j BH ER~.S, Ci [}' is willing to operate such wa wr and seua ge cree tment
system so [hat all buildings construe [ed on Davel oper's Proper [}• by
Developer or any person, firm, joint venture or corpora [i on holding by,
through or and er Developer aay have furr.i shed to [hem and [o their
! occupants water and sever service, subjett [o all [err=s and conditions
r
A
of ti+is Agrecc~~ent.
,
VOW, TIIEAEFORB, in consideration of the prep ices and other good and
i
valuable considerations and in consideration of [he -~.utua] covenants and
i
conditions hereinafter contained, t!:e pnrcios hereto a,v,rce as follow:
..
k
4
!•~~ /
LEGAL DESCRIPTION
FORT L. MCDONALD
REZONING
PARCEL 3
A PART OF SECTION 8, 'TOWNSHIP 2.SpUTA, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSs
FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OP
FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A OP
THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 01'42'10'
WEST. ALONG THE EASTERLY RIGHT-OF-WAY LINE OP.MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OF 50.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01'42'30" WEST
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 783.55 FEET; THENCE
NORTH 88'17'30" EAST, A DISTANCE OF 500 FEET MORE OR LESS TO THB
WESTERLY BANK OF A CREER; THENCE SOUTHEASTERLY ALONG THE BANK OP
SAID CREEK A DISTANCE OF 520 FEET MORE OR LESS TO THE NORTH LINB
OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4163 PAGE 1112
OP-THE CURRENT PUBLIC RECORDS OP SAID COUNTY; THENCE SOUTH
88'36'45' WEST ALONG SAID NORTH LINE A DISTANCE OF 34$ FEET MGRS
OR LESS TO THE NORTHWEST CORNER OP SAID OFFICIAL RECORDS VOLUME
4163 PAGE 1112;. THENCE SOUTH 01'23'15' WEST A DISTANCE OP 250.000
FEET ALONG THE WEST LINE OF SAID LANDS; THENCE SOUTB 88'36'45'
NEST ALONG THE NORTB LINE OP THE LANDS DESCRIBED IN OPPICIAL
RECORDS VOLUME 4163 PAGE 1108, A DISTANCE OP 300.00 FEET TO THE
POINT OF BEGINNING. - '
50(9
LEGAL DESCRIPTIOB
FORx COMMERCIAL GENERAL PROPERTIES
REZONING
PARCRL 1
A PART OF SECTIONS 5 6 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST. DUVAL
COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW St
FOR ~A POINT OF REFERENCE COMMEHC6 AT THE NORTHWEST CORNER OF
FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A OP
THE CURRENT PUBLIC RECORDS OF SAID COUNTY: THENCE NORTB 01'42'10'
WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OP MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY). A DISTANCE OP 1367.31 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND
HAVING A RADIUS OP 5679.58 FEET: THENC£ NORTHERLY ALONG TflE ARC
OF SAID CURVE AND-SAID RIGHT-OF-WAY LINE, A DISTANCE OP 216.27
FEET. MAKING A CENTRAL ANGLE OP 2'10'54'• HAVING A CHORD BEARING
OF NORTH 00'36'43' WEST AND A CHORD DISTANCE OF 216,.26 FEET TO
THF. POINT OF BEGINNING: THENCE CONTINUE NORTHERLY ALONG TflE ARC
OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 730 FEE2
MORE OR LESS TO THE NORTHERLY LINE OF SAID SECTION 5; THENCB
SOUTH 83'00'00" EAST ALONG SAID NORTHERLY LINE OP SECTION S; A
DISTANCE OF 300.40 FEET TO AN INTERSECTION WITH A LINE 300 FEET
EASTERLY OP AND PARALLEL WITH AFORESAID EASTERLY RIGHT-OY-WAY
LINE OF MAYPORT ROAD; TNENCE SOUTHERLY ALONG SAID LINE A DISTANCE
OF 700 FEET TO AN INTERSECTION WITH A LINE BEARING NORTB
88'17'50' WEST ARDISTANCEOOPT300.00 GFEET NTO TNENPOIN?UOF
BEGINNING. -
+"
Section 2. This ordinance shall become effective immediately
upon its adoption.
Passed by the City Commission on first reading ~y 27, 1985
Passed by the City Commission on second and final reading
William S. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. Tucker, CMC
City Clerk
~ ,,~,. .~
ORDINANCE N0. 90-85-90
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; MINDING THE LAND DEVEIAP-
~INT CODE AND THE OFFICIAL ZONING MAP OF THE CITY OF
ATLANTIC BEACH, FLORIDA, 70 REZONE LAND DESCRIBED
HEREIN AS PARCEL 1 AND PARCEL 3 FROM OPEN RURAL TO
COMMERCIAL GENERAL (CG) FRONTING ON MAYPORT ROAD;
PROVIDING AN EFFECTIVE DATE
WF{EREAS, the Advisory Planning Board has Considered a request to
change a zoning classification submitted by A. Harcourt Bull III, -
William A. Bull and .lane E. Bull of 321 Atlantic Boulevard, Atlantic
Beach, Florida 32233, and conducted a public hearing on same on May 21,
1985, and
WHEREAS, the Advisory Planning Board did recoovoend to the City
Commission on May 27, 1985, that the property described on the attached
exhibit described as Parcel 1 and Parcel 3 and incorporated herein be
rezoned from Open Rural (OR) io Commercial General (CG), and
WHEREAS, the City Commission does exercise its powers to consider
recommendations to amend the Land Development Code, including the
Official District Map, in order to encourage the appropriate use of
land, and
WHEREAS, the rezoning is consistent with the Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COtMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA, as follows:
Section 1. The Official Zoning lfap of the City of Atlantic
Beach is hereby changed to reflect the new zoning of Parcel 1 and Parcel
3 herein described and attached hereto from Open Rural (OR) to -
Commercial General (CG).
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DOS LING-11UliIi0~1, l~C.
General Contrac}ors Lend Developers
149 Beech Avenue
Atlantic Beech. Florida 32273
Phone 1904 246-I W 3
May 22, 1985
Mr. Richard Follows, City Manager
City of Atlantic Beach
716 Ocean Boulevard
Atlantic Beach, Florida 32233
RE: SEMINOLE BEACH PROJECT 7[2 Described as: PARCEL "C",
1.85 ACRES BETWEEN SEMINOLE R0. AND BEACH AVE. WEBT
TO EAST BOUND TO THE NORTH BY 20TH ST. and PARCEL"D",
1.14 ACRES NORTH OF 20TH ST. BOUND TO THE WEST BY
SEMINOLE RO.
Mr. Fellows:
Please consider this letter cur request far 32 water
and sewer connections for the above captioned project.
We understand fully that all water and sewer lines within
the project must ba installed by us with a subsequent sewer
impact fee and water tap fee assessment by the city on a
per lot basis.
Attached is a preliminary "land usa layout" for this
project. Refinements are still in process.
Since y,
Heywo A, owling, Jr. /
DOW G-MORROW, Inc.
~~
PACE SEVEN
MINUTES
HAY 27, 1985
Action on Resolucions - continued
The question vas called and the motion carried unanimously.
Copy of Reaolut ion 85-13 is attached hereto and made a part
hereof.
s • • ~ x t : : • ~ • • ~ x • • t ~ • • • x x x x f. ~ x ~ : t
Miscellaneous Business - None
There being no other business to come before the Commission, the
Mayor declared the meeting adjourned at 6:45 p. m.
(Seal)
Yilliam S. Howell
Hayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
City Clerk
NAME OF
COMMRS.
M
5 V
Y V
N
Cook x
Gulllford x
Morrie x
Van Nesa x
Howell x
~.:
~.
Pnce six
HINUTES
~ MAY 27, 1985
New Business - continued
Commissioner Morris asked the City Manager if he had checked with the
City of Jacksonville on a plan for Section H and he replied in the
affirmative. Be said their Planning Board indicated they do not engage
io the study of public facili[Ses. The Mayor suggested the City Manages
''. check [o see if he could bring back at [he next meeting some jus[ifi-
cation for a moratorium.
• x t ~ ~ t < < • x ~ • • # + • ~ : x • x x • • x x • : f :
on
No action taken. Deferred until the next meeting.
J F Cher discussion of a request from David Cole for the extension
of water service [o property located a[ Tulip St. and Levy Road.
No action taken. Deferred until the next meeting.
lotion: sows [o adopt Resolution No. 85-13.
Commissioner Morris asked why it vas all lumped together. Mr. Pellovs
explained the status report Pointed out to the Commission, during the
budget hearings last summer it vas moved to address the City Hanager
and Clerk's salaries at a later dace. The Cicy Clerk therefore did not
receive the regular cost of living increase all other employees receiv
ed which vas S1iS. (2nd item on budge[ adjustment) The first item
had to do with understandings Hr. Fellows had when he came to vork.Be-
cause of the living conditions in Atlantic Beach, he vas cold if his v
vas satisfactory after three mon [hs he would receive an increase. Ne
came [o work for the city for just about $100 more than he vas making
So Okeechobee.(]st item on budget adj us[ment) The third Stem had co d<
with making adj ustmen[s co the attorney's legal fees. The City recent)
had considerable legal fees having to do with the JEA suic, and other
cases that are pending. Mr. Dickinson's fees were also included in the
recent total expenditure s. Commissioner to rris suggested some detail b~
brought back to [he next meeting for review as [he budget adjustment
as presented ras very vague. Mr. Mullis gave an oral report of all chi
cases either appealed or pending, and said he would furnish each Comm:
sinner a detailed repo r[ in the near future.
NAME OF
COMMFiS.
M
S V
Y V
N
Cook x
Gulliford x
o k
r
s
Mayor Howell presented and read in full Resolution No. 85-13, a
Resolution transferring certain monies between funds.
The City Clerk requested the budge[ increase for the City Clerk be
withdrawn, as she had asked during the budge[ hearings for par[-time
help in lieu of a raise. The Mayor thanked her for the request.
~--
PAGE FIVE
MINUTES
MAY 27, 1985
Nev Business - continued
F_Acti o by [he CiCy Commission to Authorize [he Mayor and Clerk to
.-___.___ _~_ e. _.e i,.~~ no r¢emenc on 1.5 Million Dollars Worth of Slate
Ho tion: Defer action until the next meeting.
No discussion before the vote. Mo[Son carried unanimously.
Motion: Instruct the City Manager to send out notices to the six
firms for oral interviews on Monday, June 3, 1985. F.ach
firm to have seven minutes.
No discussion before the vote. Notion carried unanimously.
t • ~t t • x • • + • • t t x ~ x e + • • x :t • • ~ • ~ • :t : f
H.
The City Manager reported he had furnished the Covmiss ion some indica
of [he building going on in Section H and said [here were 88 new livi
mit6 last year and 20 [his year. There were nine applications pendin
He suggested the Commission consider putting a mo ra [o rium on building
permits in Section H until a decision vas made on the entire section.
llr. Pellovs stated he felt within 60 days he could have a report read
for Commission review that would indicate how the city should proce¢d
to develop the area for [he public fat it i[ies, and he though[ the pen
ing appl lta[ions could vaic 60 days. Commissioner Gullifo rL expressed
the opinion [hat the city would have some problems with a moratorium.
The Lily Attorney advised against a moratorium unless i[ vas justif ie
Commissioner Gulliford suggested a self imposed voluntary moratorium
the part of [he citizens who should be willing to vaic the 60 days.
Motion: Authorize [he City Manager to enter into competitive nego-
tiations to seek out an engineering firm to study and
develop a plan for Section H with :expect to services.
Motion carried unanimously.
NAME OF
COMMAS.
M
5 ~
Y ~
N
Cook
x i
Gulliford x x
Murris x x
Van Ness x
Howell x
f r
d
w
Cook x x
Gulliford x x
ibrris x
Van Ness x
Howell x
e -
c
:i n
ig
;•
V
d-
d.
on
Cuok x
Gulliford x x
Morris x
Van Ness x x
Howell x
The City Manager reported he had set out in the S[a cus Report the reco
menda[Son relative to the 6 firms the staff felt would be appropriate
[he Ci[y Commission to interview. Request for Audit Proposals were rea
to be sent to each Commissioner. He suggested setting up oral incerv is
of five [o [en minutes per firm for Monday, June 3, 1985.
x
PAGE FOUR
MINUTES
MAY 27, 1985
Discussion continued on time limits and manner of payment of Smpac[ Fee
Many suggestions were offered by x11 present, such as all impact fees h
paid up front: a percentage (10-25X) be paid up front, or a certain
number of units be paid up front. The suggestion was made to instruct
the Clty Manager to come back next Monday with a specific recommend at is
on how to handle Che problem, and in [he interim to keep people Crom
waiting, give a tentative OK.
Commissioner Gulliford withdrew his mo[ior. and moved [he following:
ibtion: Move co approve [he request Erom Grenville, Meuse b Reyhani
for sever reservation fora Si unit deve lopmen[ off 11th
St. in [he amount of 16,000 gallons per day, subject to
[he standard agreements and conditions that have been used
in the pas[.
The motion carried unanimously.
from Dowl ine-Morrow, Inc. for a Sever Re se rva[ion
Iiem D vas referred until [he next meeting. The Ci[y Manager to meet
with Mr. Dowling, Grenville, Ns use L Reyhani during the week for dis-
cusion. The question vas also raised as to the status of the 1 1/2 [im
charge with respect to the DER S EPA funding because [hac would be fie
ing into the city's system. Perhaps it would be better off to serve [h
outside city customers out of Buccaneer to preserve in [he city capaci
Mr. Fellows advised they had written to them and me[ with DER b EPA in
Tallahassee. Me received a leccer on Thursday indicating that unless t
city could justify there vas an add i[ional cost to serve the people oc
side, or unless Che [icy chose to reduce the gran[ by the amount of
people served outside, that the city could not levy the 1 1/2 percent
surcharge outside in tonnettion with [he city system. Hr. Fellows adds
he had calculated the number of people served outside and L[ vas about
nine (qX) of the total capacity. The City would have to drop $172,000
of gran[ money and [hen DER/EPA would probably approve the surcharge.
Ae expressed the opinion the fifty percent (50X) surcharge would pay
back [he $172,000 in very short order. The other possibility vas to
require everyone living outside the city to hook [o Buccaneer. Mayor
Aovell pointed out several areas [hat needed to be looked at, including
[he possibility of Seminole Beach residents coming Sn. The City A[tori
expressed the opinion the city should not cake any action on the sur-
charge vitbout a loc more discussion with the State.
he Convn iss i_on on a r~uest by Dowling=Pa rrouiInc, for w
ice for 32 units on a 2 acre parcel lying_b e[ueen Se=in
e. and Bounded _o n__the North by 20th S[._ This Re moues[ vo
r Re serva[ion of appro_ic_a [ely 8,800 ~al_per day_
Item E. deferred until next Monday nigh[.
NAME OF
COMMRS.
M
S V
Y V
N
Cook x
Gulls ford x x
lbrris x
Van Ness x x
Iiovell x
e
t .
h
t
d
ie
i[ r
~1
,1
PAGE TNREE
MINUTES
MAY 27, 1985
Advisory Planning Board=continued
t
{ Tbtion: Move to approve the variance as a use by exception for [he
property a[ 533-L8 Atlantic Blvd. authorizing a contractors'
office with no outside storage.
No discussion before the vote. Motion carried unan iinously.
* * * * * * * * * * * * * * * * * * * * * * * * k * * * * * *
NEW BUSINESS
A. ACTION BY THE COMMISSION ON A RE UEST FROM MR. G. E. MANTIN ASKING
~_-
THE CONNISS ION TO ACCEPT HIS RESIb'NA170N AS THE ATLANTIC BEACH REPRE-
SENTATIVE ON THE BEACHES CATV BOARD.
Mayor Rowell acknowledged receipt of a request from Hr. Martin asking t
Co®ission [o accept his resignation on Che CATV Board. Mayor Howell si
gested Mr. Martin's resignation be accepted as the CATV Board will prof
ably be abolished as it no longer serves the in [ended purpose.
Tb[lon: Accept Mr. G. E. Ma r[in's resignation as [he Atlantic
Beach Representative on the Beaches CATV Board, and move
to contact 7acksonville Beach on how best to abolish the
Board.
No discussion before [he vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Feservation of
Navoor[ Road al
Levy Road.
Notion: love to approve [he request for sever reservation of 2,000
gallons per day for the new Rardees Restaurant on Hayport
Road a[ Levy Road, subject to the execution of the standard
concract approved by the city.
A lengthy discussion vas held before the vote, vh ich also included ices
C., D. S E. regarding time limits or. loch requests both inside and out
side City, and the manner of payment of impact fees. Since the reques [.
for items B b C were inside the city limits, the Commission felt that
positive consideration should be granted far those requests. The ques-
tion vas called and [he motion carried unanimously.
* * * * * * * * * * * * * * * * * * * 4 * * * * * * * * * *
City Commission on A Request from
the Amount of 16,000 gallons per aay.
Notion: Move [o grant the request from Grcnv ille, Meuse b Reyhani
for sever reservation for a 55 unit development off 11th
S[. in the atroun[ of 16,000 gallons per day subject to the
execution of [he stand and cunt tact approved by the city.
NAME OF
COMMMS.
M
S V
Y V
N
Cook x
Gulliford x
MOtri6 % X
Van Ness x x
Novell x
e
Cook x x
Cull iford x
Morris x
Van Ness x x
Howell x
Gulliford x
Van Ness x
Cook %
Gulliford x
lbrris x
Van Ness x
Novell x
Gulliford x
l'an Ness x
PAGE TWO
MINU'fE5
MAY 27, 1985
NAME OF
COMMRS.
M
S V
Y V
N
Advlsoty Plannin Board - continued
B. In[roduc[ion of an Ordinance amend inR [he zonin~Ord inane es of the
C1CY of Atlantic Reach to~rovide a new def ini[ion for co rner _lo[ and
lo[ coverage
ORDINANCE N0. 90-85-91- AN ORDINANCE AMENDING TIIE ORllINA!!CE CODE OF THE
CITY OF ATLANTIC BEACN, FLORIDA; MIENDING CHAPTER 24, ARTICLE II,
SECTION 24-17 TO REDEFINE CORNER LOT AND LOT COVERAGE; PROVIDING AN
EFFECTIVE DATE.
Said Ordinance vas presented in full, in writing, on firs[ reading. '.
Ibtion: Ordinance No. 90-85-91 be passed on firs[ reading. Gulliford x
Van Ness x
Commissioner Morris reported [he Advisory Planning Board reviewed
[he request and thanks to the City Manager and Rene Angers, [hey
tame back to Che Planning Roard with good honevork and pointed out
[hat vas in keeping with other cities in No r[heast Florida. The
Board recommended approval.
Cook x
The question vas called and [he notion carried unanimously. Gulliford x
Morris x
The Public Hearing vas se[ for July 8, 1985. Van Sess x
• • t • • • ~ • • x t x • : • :t • • • • :t f A x x x f c • ~ : Howell x
Ordinance AmendinpLthe Zoni~_Ord finance of
C. Introduction of an
_
the CItY of Atlantic Beath to Provide 7ha[ Pa rk ir.g Spaces_in Front
Of Dwellings May Occupy Pa ri of the Req_uired_Fron[ Yard.
ORDINANCE N0. 90-85-92, AN ORDINANCE AMENDING THE ORDINANNCE CODE OF
THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III,
DIVISION 7, SECTION 24-161, SUBPARAGRAPH (e)(1) TO PROVIDE OFF-STREET
PAAKZNG FORA DWELLING MAY INCLUDE THE REQUIRED £HONT YARD; PROVIDING
AN EFFECTIVE DATE.
Said Ordinance vas presented in full, in writing, on first reading. Gulliford x
Van Ness x
Commissioner Morris reported the Advisory Planning Board reviewed
[he request and unanimously recommended approval. The question vas Cook x
called [he motion carried unanimously. Gulliford x
Morris x
The Public Hearing was set for July 8, 1985. Van Ness x
• • z z ~ x f f a • ~ • i< ~ ~ + x z • z t • a • ~ :t t : x • ~ ~ Howell x
ApProve a Use .ey F.xc epcion Foz The Prover tZ
D. Att ion by Council [o
_
v_d., Au[horizi n_g A Con[rac to__rs'_OCfice Wi[h _No
at 533-LB Atlantic Rl
_
Outside Srorage In A Commerdal Ge octal Area.
Couvnissioner Morris reported the Advisory Planning, Board had rr:icced
[he request and unanimously reco~:mended approval. Hr. Floyd stated he
planned [o have only office space, no storage of oquipmcnt or Dater ials .
M 1NU'fES OF 7HE RF:CUTAR MF lI'1 VG OF 7N F. .+'i'L\\fIC BEACH CFfY COT(-
MISSION Ii ELD A7 'f NE CITY HALL ON MAY 27, 1985 AT 7:15 P.M.
PRESENT: William S. Novell, Mayor-Commissioner
Robert e. Cook, Sr.
William I. Cullifo rd, Jr.
John W. Tin rris, Jr.
Ca [herine C. Van Ness, Commissioners
AND: Richard C. Fellows, City Manager
Claude L. Llullis, City Attorney
Adelaide R. Tucker, Ci[y Clerk
ME OF
COMMAS.
M
O
T
1
O
N
S
E
C
O
N
D ~
O
T
E
D
p
E
S y
O
T
E
D
N
O
The meeting vas called to order by Mayor Howell. The invoc at ion offer
by Commissioner Cook, was followed by [he pledge [o [he flag.
Approval of [he Mi nuces of 11~•_ 13 ,_ 1985
Cop®ES Sinner Pb rris pointed out an error on page 14, second paragraph.
Delete the words °Mr. S[rayve and insert the words "Plr. Hurwitz".
Motion: The minutes of the meeting of Nay 13, 1985 be approved as Cook I
corrected. Gull iford
!iorris
No discussion before [he vote. Flo[ion carried unanimously. Van Ness z
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell
RecoR,ni[ion of \'is hors - !:one
Adviso ry_Pl anni~_Bcard -_Mcet ing of Tffiy 21,_1985
A. Introduction and firs[ reading of an Ordinance rezoning prober [y on
Ci[y's_number 2 water plant from Olen Rural
MaYPO[C Road north of the
_
to CG(Commerc ial Cenera_l) as requested _bZ,_B=11 Bro t_h_e_r_s_,_ L[d.
Ordinance No. 90-85-90
Corm~issioner Morris reported [hc Advisory Planning Board net with the
subject developers and voted unanimously [o approve parcels one (1)
and (3) in the request for rezoning. 7'ne Board deferred any action
on parcels two (2) and four (4). The Developers indicated [hey would
come back [o the Advisory Planning board under a PUD for cba[ area.
Ordinance No. 90-85-90, AN ORDINANCE ;.aE::UING 7HE ORDL.`:ANCE CODE OF TH
CITY OF ATIAMT IC BF 4tH, FLORIDA; A:4ENUING THE LAND DEVELOPTIBNT CODE A
THE OFFICIAL 'CONING MAP OF THE CITY OF ATLAN'f IC BEACH, FLORIDA, TO REZ NE
LAND DESCRI RED HEREIN AS PARCEL 1 AND PARCEL 3 FROTI OPEN RURAL 70 COTP R-
CIAL GEH ERAL (CG) F'RO;TING ON :.ATPORT ROAD; PROVIDING A9 EFFECTIVE DAT .
Said Ordinance vas presented by !"ayor ]iowell in fall, in writing, on
firs[ reading.
?boon: Ord inanec \o. 90-85-90 be passed on first reading. Cook x x
Gulliford x
Norris x x
`:o disc ussinn bcfo re [he vote. ifution ca rricd unan i-~.ousl y. Can Ness x
Mayor Novell se[ the Public 1!ea ring for J~.ne 10, 1535. Howell x
* * * * * * * * k * k * * * * * * k .~. k * 4 2 * * C * * v * iz *
~`
F.
r
D. Request from Dowling-Morrow, Inc. for a sewer reservation of
18,000 gallons per day for 65 units in Seminole Beach pro-
ject 1 lying east of Seminole Road between 18th and 19th
streets.
E. Action by the Commission on a request by Dowling-Morrow, Inc.
for water and sewer service for 32 units on a 2 acre parcel
lying between Seminole Road and Beach Avenue and bounded on
the north by 20th Street. :'his request would require a sewer
reservation of approximately 8,800 gallons per day.
F. Action by the City Commission to authorize the Mayor and Clerk
to execute the State Loan Agreement on 1.5 million dollars
worth of State Water Pollution Control Bonds.
G. Receipt of a report and recommendation relative to 6 firms
interested in performing the audit for the City of Atlantic
Beath for the fiscal year ending September 30, 1985 and dis-
cussion by the Council on the procedures to be followed in
setting up oral interviews and selection of the top 3 firms.
H. Consideration by the City Commission on a recommendation for
engineering studies in section H to develop cost estimates for
providing public improvements and the development of a financ-
ing plan.
I. Discussion by the City Council on the desirability of author-
izing the City Manager to seek proposals from an outside firm
to develop a new job classification and pay plan with job
descriptions.
J. Further discussion of a request from David Cole for the exten-
sion of water service to property located at 7Llip Street and
Levy Road.
Action on Resolutions:
A. Adoption of Resolution by the
budget adjustment to recognize
ize additional appropriations
(Resolution No. 85-13j
6. Miscellaneous Business.
ADJOURN
City Commission to authorize a
additional revenues and author-
for expenditures.
~..:. , -
AGENDA
CITY OF ATLANTIC BEACH
May 27, 1985
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of the regular meeting of May 13, 1985.
2. Recognition of Visitors.
3. Advisory Planning Board - Dleet ing of May 21, 1985.
A. Introduction and first reading of an Ordinance rezoning
property on Mayport Road north of the City's number 2 Water
Plant from Open Rural (to Commercial General) as requested by
Bull Brothers, Ltd. and setting a public hearing for June 30,
1985. (Ordinance No. 90-85-90)
B. Introduction of an Ordinance amending the zoning ordinances of
the City of Atlantic Beach to pzov ide a new definition for
corner lot and lot coverage and setting a public hearing fer
June 10, 1985. (Ordinance No. 90-85-91)
C. Introduction of an Ordinance amending the zoning ordinance of
the City of Atlantic Beach to provide that parking spaces in
front of dwellings may occupy part of the required front yard.
(Ordinance No. 90-85-92)
D. Action by Council to approve a use by exception for thr, prop-
erty at 533-LS Atlantic Blvd. authorizing a contractors'
office with no outside storage in a comaercial general area.
4. New Business:
A. Action by the Council on a request from Mr. G. E. Martin
asking the Council to accept his resignation as the Atlantic
Beach representative on the Beaches CATV Beard.
B. Action by the City Counti] on a request for sewer reservation
of 2,000 gallons per day for the new Hardees Restaurant on
Alayport Road at Levy.
C. Action by the City Council on a request from Grenville, Please
6 Reyhani for sewer reservation for a 55 unit development off
11th Street in the amount of ]6,000 gallons per day.
-~::-,_
Ho nurable Eli llia.r! S. HOb!ell
fraycr'
Citj o{- Rt ia.r,t.ic Beach
r. u.Bca 25: F±.iar:tic BBarh:rl.~«~~
LBa.r-' l9ayar H~~ldBli
Ttl1. lot.tBr' 1 Tr: 3!J.bCa Y_ ins i'E ~?'y T!a. T.1 C'i ~. a' t;i2 llt i.g.iiT l:= BEa.rtl
r'EFr ESt'i:Ca.t l'dB Gi! t.hB B<_'art"!ems i_tji~d BCat'ij Bi-rB CT 1Ve t.ti15 ija1;_e,
Ttle CU rr-E-Pt E'Jal'd !•!a°_. cf~f-e~_t 1'd E' lf! f=~t`1ii91T:B n,-:9rr OUT O4 Ct'!a0_ ~]U. Y'-l fii
l yYi ~{ GUT as :J4~ Ttll> tlfi!e r:a r3 Girt lE rB a, a-!Tt101---1r F.=r-'Tiy t.l!E'
Y'Garr~ d.SY Bit nor' a.lt f.t!Or`liy Tr aY'.3'i:t. Y13'!Ce5 r TY!9 i-u~'r9r O!i. i:~ i-BB:]
F'ro!i Si J~r! ~f ii-.e ftal, r;iB ii: - .!e ra_ a ±.r,a.t ~:,. L,~ r~~ -,=r ';pry ~±.rict.
[Of!r~lY 1Gf!> lt!C1U~j1Ly a. it'Bd~~ LB1i!9 } rJ t. r!rti. V.ar' Lr:B ay f' V= -: T.r'!rr-
UT 1l1t1B5. Tt!e i;lt.y G4- Hi to rl_ E..;:=rv YrOfgF *.1+ o.-i!tej tr8 F~4!t-.r.:j
3!!}.r:uY'liy. Ir:c Clty f' Ja CH: :TI'.i 111E P-:Ct-!: .]: ftB q:~'. 1'_c 9i 1t.G
r~lT tiJr'i ln9. r13.5 OBCll~lle~a t.:J '~f-.i.11T Tree Lr~at":j5 i"'i IJ.B~T..
I Cdi: i:pt CU'i:TiiiU.E tG SEr'uB u!! a PG~rerlE'5 F:pa1-J !JtiG=c i:lS i'l!~f::=t.IGf:
35 t0 SEY.',IB a3 EUfY F'r teT.ldic-': tY:e' F'VLlir ai!j t.r OMB if rl'•i1tlG.al~ DP!U
r~etai~n triE a.!±p,:;r~ity a.;;rJ tt-' - ~~,=ini:~ _1:i~n_' FYI. E_ .~. r tiiBrm. l'.:e_. I
t.:eilevF_ tt1B PV.L~Ilc teas a. r1'3ht t0 ~:-U'.J !dr!n 1 (t; gj'lfi3 3E:=i SlOfu.
:hdJ.ld Ttiu nrra.=1G!! a.r-1SB a9glf! li! SrIB f!!T•J.PB' ttta.t. I G3. f: bB' 04 af!y
SEr•;iCB t.c: the [iq.j of nt-ia.ntic F:Ba~h vY._-a.._:=. ~.. -:-:t h i*.x±a r. _~ :_ail o~:
me.
Sir!cerE iy
`~ V
u. E.'r1ar±.in
4•.
Reserve Account, if any, in each ensuing year, and the initial
amount of the Administrative Expenses.
(J) The rate of interest to be paid by the Local Agency on
the Loan.
(R) Estimated date of completion of the Project, or
portions thereof financed by this Loan.
IN WITNESS WHEREOF, the Division of Bond Finance and DER
have each caused these presents to be executed on their behalf in
their corporate name by the appropriate officers of the Governing
Hoard of the Division of Bond Finance and the Secretary o£ DER,
and their corporate seals to be hereunto affixed, and the Local
Agency has caused these presents to be executed on its behalf by
its appropriate officers, and its seal to be hereunto affixed,
all as of the day of , 19_
ATTEST:
COMPTROLLER, as Secretary
By
Assistant Secretary
(SEAL)
ATTEST:
By
(SEAL)
ATTEST:
Hy
(SEAL)
STATE OP FLORIDA
DEPARTMENT OF GENERAL SERVICES
DIVISION OF BOND FINANCE
ey
GOVERNOR, as C airman
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
REGULATION
By
Its Secretary
CITY OF ATLANTIC BEACB
By
AS Its:
48
f
f
t
State Agencies to the Local Agency from the Bond proceeds as
provided in the Loan Agreement. The Project shall consist of the
following components: Sewage treatment plant expansion and
improvements, pump stations, force main to plant, effluent
pumping system, and effluent flow equalization basin; together
with any additions to and modifications of the foregoing approved
pursuant to the Loan Agreement.
10.07. EXACT FIGURES. Immediately after the sale of the
State Bonds, the Division of Bond Finance by written Notice shall
notify the Local Agency by certified or registered United States
Mail, which Notice shall be acknowledged by signature of the
proper officials of the Local Agency and returned to the Division
of Bond Finance, and shall state in exact terms the following
matters:
(A) The principal amount of the loan.
IB) The initial amount to be deposited to the Project
Construction Account for the cost of the Project.
(C) The initial amount to be deposited to the Capitalized
Interest Account.
(D) The initial amount to be deposited to the Reserve
Account, if the Reserve Account is to be funded over a period of
years, the amount of the annual Reserve Account installment for
each Fiscal Year in which such installments are required to be
made.
(E) The fees of the Division of Bond Finance.
(F) The Series designation of the Bonds, the interest rate
on such Bonds and the Date of Delivery.
(G) Date on which the first semi-annual installment of the
Annual Loan Payment is to be made.
(H) The date on which the commencement of deposits into the
Monthly Escrow Account shall begin.
(I) The schedule of semi-annual installments of the Annual
Loan Payments. The schedule will include a breakout of payments
for principal and interest in each ensuing year, deposits to the
97
ARTICLE X
DETAILS OF FINANC ZNG
10.01. AUTHORIZED PRINCIPAL AMOUNT OF LOAN. The total
principal amount of the Loan authorized is 51,500,000. -
10.02. DESCRIPTION OF STATE BONDS. The State Bonds
referred to herein are the not to exceed 51,500,000 State of
Florida Full Faith and Credit Pollution Control Honds, which are
to be issued in multiple series, each of which shall bear a -
letter series designation. The first such series shall be
designated 'Series _
10.03. DESCRIPTION OF PLEDGED REVENUES. 'Pledged Reve-
nues' shall mean those revenues within the meaning of the Act
specifically approved by the State Agencies and the Board which
are pledged to the repayment of the Local Agency's loan made
from the proceeds of the Bonds. Such Pledged Revenues shall t
include Net Revenues to be derived from the operation of the
System and any other legally available funds which may be
hereafter pledged by the Local Agency. '
10.04. PLANS AND SPECIFICATIONS. Before any moneys may be i
disbursed from the Project Construction Account for making
construction payments on the Project, plans and specifications
for the Project or for the portion of the Project to which the '.
payments are applicable shall be on file with DER.
10.05. CONSULTING ENGINEER FOR THE PP.OJECT. The Consulting
Engineer for the Project
10.06. DESCRIPTION OP PROJECT. The water supply and
distribution facilities and/or pollution control and abatement
facilities and/or solid waste disposal facilities to be con-
structed by the Local Agency are generally described as follows,
together with such additions, substitutions, changes or modifica-
tions as shall be deemed necessary and agreed upon by the State
Agencies and the Local Agency: sewer facilities which will be
constructed and operated by the Local Agency and will be financed
in whole or in part by the proceeds of the loan to be made by the
46
•~ ~'
such invalid or unenforceable provision had not been contained
herein.
9.15. EXECUTION OF AGREEMENT. This Agreement shall be
executed in three or more counterparts, any of which shall be
regarded for all purposes as an original and all of which
constitute but one and the same instrument. Each party agrees
that it will execute any and all deeds, documents or other
instruments and take such other action as may be necessary to
give effect to the terms of this Agreement.
9.16. NO IMPLIED WAIVER. No waiver by either party of any
term or condition of this Agreement shall be deemed or construed
j ~ as a waiver of any other term or condition, nor shall a waiver
of any breach be deemed to constitute a waiver of any subsequent
i
breach, whether of the same or of a different section, sub-
section, paragraph, clause, phrase, or other provision of this
Agreement.
9.17. EMPLOYMENT OP TRUSTEE. Nothing contained herein
shall be construed to prevent the employment of a trustee by SBA
to perform any of the duties of SSA provided by this Agreement
except the duty of SBA to make the determination as to debt
i
service requirements required by Article VII, Section 14 (bl of
the Florida Constitution.
9.18. EFFECTIVE DATE OF AGREEMENT. This Agreement shall
become effective and binding upon the parties when executed and
S
~ delivered. If none of the Bonds or bond anticipation notes are
1 sold within six (6) months following the final validation of the
Bonds including final determination of an appeal to the Supreme
Court, if any, or, if thereafter the Bonds are not delivered to
the purchasers within three (3) months after the sale of the
Bonds or bond anticipation notes, as the case may be, the Local
Agency may, at its option and after written notice to the State
Agencies, cancel this Agreement and be discharged from any
liability to the State Agencies incurred under this Agreement.
45
1 J
State Bond Issue. Further, the Local Agency and the State
Agencies hereby covenant unto each other and to the purchasers
of the Bonds that neither the Local Agency nor the State
Agencies shall take any actions which would cause these Bonds to
be categorized as industrial development bonds under Section
103 (b) of the Internal Revenue Code and Regulations.
9.12. ASSIGNMENT OF RIGHTS UNDER AGREEMENT. The State
Agencies may assign in whole or in part their rights under this
Agreement for the benefit of the holders of the State Bonds
which may be from time to time outstanding without the consent
of the Local Agency. The Local Agency may not, however, assign
its rights created by this Agreement without the consent of the
State Agencies and upon such assignment the terms of this
Agreement shall inure to the benefit and be binding upon the
respective successors of DF.R, the Division of Bond Finance and
the Local Agency. This subsection shall not be construed as
preventing the reorganization of any party or parties executing
this Agreement nor as preventing any other body corporate and
politic succeeding to the rights, privileges, powers, respon-
sibilities, immunities, functions and duties of any party hereto
as may be authorized by law, in the absence of any prejudicial
impairment of any obligation or contract created by this Agree-
ment.
9.13. AMENDMENT OF AGREEMENT. Subject to and in accor-
dance with the Resolution, this Agreement may be amended from
time to time by written agreement duly authorized and executed
by the parties hereto except that no such amendment will be
permitted which is inconsistent with Article VII, Section 14, of
the Florida Constitution or the applicable Statutes.
9.1~.' SEVERABILITY CLAUSE. If any provision of this
Agreement shall for any reason be held to be invalid or unen-
forceable, the invalidity or unenforceability of such provision
shall not affect any of the remaining provisions of this Agree-
ment and this Agreement shall be construed and enforced as if
44
those risks, and whether the risks covered are those customarily
insured against in connection with the operation of Revenve
Producing Facilities of like size, type and location to the
extent that such insurance is obtainable at the time of the .
certificate. This certificate shall be provided annually.
(c) A copy of the recommendation to the Local Agency from
the Consulting Engineer regarding the amount of insurance to be
carried as required by this Section.
(d) Such other certificates or documents by engineers,
insurance carriers, or the Local Agency's officials concerning
insurance coverages required by this Section as may reasonably
be required by the State Agencies.
The insurance provisions of this Section may be modified or
waived to the extent permitted by law with the consent of the
State Agencies.
The Local Agency covenants that it will maintain insurance
on all revenue producing components of the System to the same
extent that the Project shall be insured pursuant to this
Section.
9.11. COVENANT PROHIBITING ARBITRAGE. The Local Agency
and the State Agencies hereby covenant unto each other and to
the purchasers of the Bonds that neither the Local Agency nor
the State Agencies will make any use of the proceeds of the
State Bond issue which will cause such obligations to be arbi-
trage bonds under Section 103 (c) of the Internal Revenue Code
and Requ]ations, and the Local Agency and the State Agencies
hereby covenant unto each other and to the purchasers of the
obligations provided for in the Resolution that both the Local
Agency and the State Agencies, and each severally, has been
obligated with respect to such obligations under the terms of
this Agreement and the Resolution to comply with the require-
ments of Section 1031c) of the Internal Revenue Code of 1954, as
amended, and with Sections 1.103-13, 1.103-14 and 1.103-15 of
the Federal Income Tax Regulations, throughcut the term of the
43
facilities and structures, or any part thereof, resulting from
any of the causes set forth above, which will provide an income
during the period of suspension of use equal to the result
obtained by multiplying the number of days in such period of
suspension by the amount of the average daily gross income of
such Project or facilities and structures, or any part thereof,
in the same month or months of the preceding calendar year, all
to the extent such insurance is obtainable from time to time.
Said average daily gross income for the first year of operation
shall be computed on the estimate of income for such first year
contained in the projection of future revenues which was a part
of the Local Agency's application for the Loan. Such insurance,
however, may be subject to the deduction, at the option of the
State Agencies, of not more than fifteen (15) days from such
period of suspension. The proceeds of any such benefit and use
insurance shall be applied to the Local Agency's Annual Loan
Payment.
The Local Agency shall obtain and maintain such other types
and amounts of insurance on said Projects or facilities and
structures as the State Agencies shall deem necessary. All
policies of insurance on said Project, or any parts thereof,
shall be taken in the names of the Local Agency and the State
Agencies.
As documentation of adequate insurance coverage under this .
Section, the Local Agency shall file the following with DER;
(a) Copies of all performance and completion bonds of
contractors and all insurance policies carried by the Local
Agency pursuant to this Section. Any changes in the policies or
replacements of same should be forwarded as they are made.
(b) A certificate from each insurance carrier (1) describ-
ing the Project in the terms used in the loan agreement and the
Revenue Producing Facilities, (2) stating that these facilities
are covered by the policy, (3) stating the specific risks
covered by the policies, the amount of coverage provided against
42
Agencies have advanced funds for restoration or replacement. If
such proceeds exceed the amount necessary to restore or replace
the Revenue Producing Facilities, the balance remaining at the ~.
conclusion of such reconstruction shall be deposited in the
Local Agency's Bond Interest and Sinking Fund established in the
Resolution. If such proceeds shall be insufficient for such
restoration or replacement and the State Agencies make further
advances to the Local Agency, the Local Agency covenants that
such advances shall be repaid to the State Agencies from any and
all funds available to the Local Agency from any source what-
soever to the extent permitted by law, and such shall be con- ~'
sidered as a cost, charge or expense under Section 3.06; pro-
vided, however, that if such insurance proceeds shall be
sufficient to redeem and pay all of the indebtedness of the
Local Agency including the redemption premium, if any, on State
Bonds to be redeemed representing the Local Agency's indebted- '.
ness, and pay all interest on such indebtedness, the State
Agencies may in their sole discretion, declare the Local
Agency's obligation at an end in accordance with Section 9.05
instead of restoring Revenue Producing Facilities as provided -
herein. in such event such proceeds shall be deposited in the
Bond interest and Sinking Fund and redemption made therefrom in j
the manner provided for redemption of Bonds from the sinking
fund. If the State Agencies determine that the Project should
be rebuilt, the Local Agency hereby covenants that such repair,
construction or replacement of the Project will be promptly '
commenced and diligently prosecuted and completed according to
t
plans approved by the Consulting Engineer and DER.
I
. The Local Agency further covenants that, if required by the ~
State Agencies, it will at all times carry policies of insurance ~~,
for the benefit of the holders of the Bonds and the State
Agencies, in a responsible insurance company or companies
licensed to do business in the State of Florida, against loss,
total or partial, of the benefit and use of the Project or
41
5
£P
accountants using generally recognized accounting principles and
methods applicable to utilities of similar nature to the System
and furnish such audit to DER promptly upon the close of such
period.
9.10. INSURANCE ON PROJECT AND SYSTEM. The Local Agency
shall require contractors constructing the Project or any parts
thereof to file performance and compiet ion bonds for the full
performance of their contracts and under which all risks from
any cause whatsoever without any exceptions, during the period
of construction of the Project or any part thereof shall be
assumed by such contractors, and the State Agencies and the
Local Agency shall be named as the beneficiaries and payees
thereof.
The Local Agency covenants that it will at all times cause
the Project, as each part thereof is certified by the Consulting
Engineer as completed, and any other facilities or structures
which generate Pledged Revenues (hereafter referred to as
"Revenue Producing Facilities'), to be insured under a policy or
policies, in a responsible insurance company or companies
licensed to do business in the State of Florida, against such
risks as are customarily insure3 against in connection with the ',
operation of Revenue Producing Facilities of like size, type and
location in the amounts recommended by the Consulting Engineer
to the extent such insurance is obtainable from time to time
against any one oz more of such risks. The State Agencies and
the Local Agency shall be named as the beneficiaries and payees
of such policies to the extent of their respective interests.
The proceeds of any and all insurance policies received by
the State Agencies as a result of damage to or destruction of
the Revenue Producing Facilities shall be deposited by the State
Agencies in a special trust fund in the Treasury of the State of
Florida and used only for the purpose of restoring or replacing
the damaged portions of the Project or facilities and struc-
tures, or to reimburse the State Agencies when said State
40
!`i
required payments shall not be required to make special payments
to restore the Reserve Account of another local agency or the
Reserve Fund.
9.09. COVENANT TO BUDGET, APPROPRIATE AND AUDIT.
(a) After the execution of this Agreement the Local Agency
will prepare and furnish to DER prior to the beginning of the -
Fiscal Year an annual budget setting forth the amount of Pledged '.,
Revenues anticipated to be received by the Local Agency during _
such period other than from the operation of the System, setting
forth the revenues anticipated to be received from the operation
of the System and the expenses to be incurred for the operation
of the System and provisions for the renewal and replacement of
the System. 2n the event the anticipated Pledged Revenues are
shown by the budget to be insufficient to make the Annual Loan ~~;
Payment for such Fiscal Year when due, then the Local Agency
shall include in such budget other legally available funds which
will be sufficient, together with the Pledged Revenues to make
such Annual Loan Payment. In such event such other legally
1
available funds will be budgeted in the Local Agency's regular
annual governmental budget and designated for the purpose ~
I
provided by this subsection and the Local Agency further cove- ~
j
Hants that it will use the governmental powers legally available
to it to collect such funds for application as provided herein.
i
Nothing in this subsection shall be construed as creating a lien
or charge upon such other legally available funds of the Local ~'..
Agency or as preventing the Local Agency from pledging to the
payment to any bonds or other obligations of the Local Agency
heretofore or hereafter issued all or any part of such othet
legally available funds.
(b) At the conclusion of the period for which the Local
Agency furnished the annual budget provided for in the preceding
paragraph, the Local Agency will cause to be made an audit of
the operation of the System and the receipt and disbursement of
the Pledged Revenues by a certified public accountant or
39
;a__
use of other funds of the State of Florida in making any pay-
ments required to be made by the State Agencies or by the SSA
under the Resolution. The Reserve Fund may be used by the SBA,
in its sole discretion and without the consent of any local -
agency, to prevent any default from occurring under the terms of
the Resolution caused by any deficiency in any semi-annual
installment of the Annual Loan Payments or any other payments
required to be made by one or more local agencies participating
in the State Bond Issue, provided that before the Reserve
Account of a local agency which has not been deficient in the
payment of its semi-annual installments or other required
payments may be used, the Reserve Account of the local agency
which has been deficient in the payment of its semi-annual
installments or other required payments must have been depleted
by the SBA. Any unused portion of a local agency's Reserve
Account shall be used by the SBA to reduce the final two
semi-annual installments of the Annual Loan Payment becoming due
by the local agency under this Agreement. Thereafter, after all
bonds have matured, the SBA shall return any unused portion, if
such exists, of a local agency's Reserve Account to the local
agency.
9.08. RESTORATION OF RESERVE ACCOUNTS. A local agency,
the default of which has caused the SBA to use its Reserve
Account or to use the Reserve Fund to prevent default pursuant
to the provisions of Section 9.07, shall be responsible for
making special payments to restore its Reserve Account and the
Reserve Account of any other local agency which was used as
provided in Section 9.07. The SBA and the State Agencies shall
i,
establish the scheduling of the special restoration payments.
At the d}scretion of the SBA and the State Agencies, the local
agency may be required to make the special restoration payments
from the first moneys legally available for such purpose. A
local agency which has not been deficient in the payment of any
semi-annual installment of the Annual Loan Payment or other
30
prior to maturity pursuant to any applicable optional redemption
provisions, or to impair the discretion of the State Agencies in
determining whether to exercise any such option for early
redemption.
If the Local Agency shall make advance payments to the
State Agencies in an amount sufficient to retire the outstanding
obligation of the Local Agency, including redemption premium and
accrued interest to the next succeeding redemption date of the
State Bonds, all future obligations of the Local Agency under
this Agreement shall cease.
9.06. ADVANCE PAYMENTS. The Local Agency may make advance .
payments to the State Agencies for principal and interest under
the Agreement only in accordance and conformance with the
provisions for the redemption of Bonds prior to maturity pro-
vided in the resolution under which the State Bonds are sold to
provide the proceeds for this Loan to the Local Agency. The
premium, if any, on the State Bonds redeemed by the State
Agencies because of such advance payments together with all
costs incurred by the State Agencies in redeeming such State
Bonds shall be paid by the Local Agency upon the State Agencies'
request at the time any such advance payment is made by the
Local Agency.
9.07. USE OF RESERVE FUND OF THE STATE BONDS. The Reserve
Fund of the State Bond Issue will be composed of the aggregate
of the Reserve Accounts allocable to each local agency partic-
ipating in the State Bond Issue, if more than one. The Reserve '~,
Account of the Local Agency may be used by SBA, in its sole
discretion and without the consent of the Local Agency, to
i
prevent any default from occurring under the terms of the
Resolutign~caused by any deficiency in any semi-annual install- E
ment of the Annual Loan Payment or any other payments required
t
to be made by the Local Agency for which such Reserve Account
was established and may be used by the SBA to the extent that it ;
F
is practicable for the SSA to do so prior to and to prevent the
37
9.05. DISCHARGE OF THE LOCAL AGENCY'S OBLIGATIONS. All
payments required to be made by the Local Agency under this
Agreement shall be cumulative and any deficiencies in any Fiscal
Year shall be added to the payments due in the next succeeding .
year and all years thereafter until fully paid. This Agreement
shall continue to be obligatory and binding upon the Local
Agency in the performance of the obligations imposed by this
Agreement and the repayment of all sums due by the Local Agency
under this Agreement shall continue to be secured by this Agree-
ment and the Pledged Revenues as provided herein until all of
the indebtedness and all of the payments required to be made by
the Local Agency shall be fully paid to the State Agencies or ,
their assigns. Provided, however, if, at any time, the Local
Agency shall have paid, or shall have made provision for payment
of, the principal amount of the Loan, interest thereon and
redemption premiums, if any, with respect to the Bonds, then,
and in that event, the pledge of and lien on the revenues
pledged to the State Agencies for the benefit of the holders of
the Bonds shall be no longer in effect and all future obliga-
tions of the Local Agency under this Agreement shall cease. For
purposes of the preceding sentence, deposit of sufficient cash
and/or Federal Securities or bank certificates of deposit fully
secured as to principal and interest by Federal Securities (or '.
deposit o£ any other securities oz investments which may be '.
authorized by law from time to time and sufficient under such
law to effect such a defeasance) in irrevocable trust with a
banking institution or trust company, for the sole benefit of
the State Agencies in respect to which such Federal Securities
or certificates of deposit, the principal and interest received
will be sufficient to make timely payment of the principal,
interest and redemption premiums, if any, on the outstanding
Bonds, shall be considered 'provision for payment.'
Nothing herein shall be deemed to require the State
Agencies to call any of the outstanding Bonds for redemption
36
V
Account, Capitalized Interest Account, authorized advance
payments made by the Local Agency and other funds established by
the Resolution, with the exception of the Project Construction
Account, in direct obligations of the United States of America -
or in the securities authorized in Section 215.47, Florida
Statutes. The State Treasurer shall have the same discretion to '.
invest the moneys in the Project Construction Account as the SBA ,
has to invest the moneys in the other funds established by the
Resolution.
Ib) Until the Project is completed and all costs of
construction of the Project have been paid or provision has been ,
made for payment of such costs, the earnings from investments of
the Project Construction Account shall be allocated and credited
to the Local Agency's Project Construction Account and may be
used for the construction of the Project. After the Project has
i
been completed and provision has been made for all construction
costs, any remaining earnings from investment of the Project
Construction Account shall be applied by the State Agencies in
the manner provided by Section 4.10.
(c) If the Local Agency is in default in making any of the
i
payments provided in this Agreement, SBA may, at its discretion,
t
use any earnings allocable to the account of the Local Agency to s
cure any delinquent payments by the Local Agency. i
i
SBA, upon request, will make available to each Local Agency
a report of the annual earnings on investments for which it has
investment responsibility. DER will similarly make available a
report of the annual earnings on investments for which the State
Treasurer is responsible.
I
9.04. DISCHARGE OF STATE AGENCIES' OBLIGATIONS. The State
Agencies' obligations under this Agreement shall terminate and ~~
be null and void if, for any reason beyond the control of the ',
State Agencies, the State Agencies are unable to issue the State
Bonds provided for by this Agreement.
35
r~
ARTICLE IX
GENERAL PROVISIONS
9.01. ISSUANCE OF STATE BONDS. To obtain money to loan to
the Local Agency as provided in this Agreement, the State
Agencies agree to issue State Bonds secured by and payable '
primarily from the Pledged Revenues and additionally secured by
the full faith and credit of the State of Florida as authorized
by the Act.
9.02. TERMS AND PROVISIONS OF STATE BONDS. The State
Agencies in their sole discretion will determine the total
amount of State Bonds to be issued, the date, denomination,
interest rate and maturities of the Bonds, provisions for '
redemption prior to maturity, the amount of the reserve fund and
the manner and conditions under which it may be used and replen-
fished, the amount of capitalized interest, if any, the time and
manner of sale of the State Bonds, and all other terms, pro-
visions and details of the State Bonds, which may be sold in
separate series as determined by the Division of Bond Finance. ~I
The State Agencies in their sole discretion may refund the State
Bonds on such terms and at such rates of interest as they may
determine, and in such event the Pledged Revenues provided by
this Agreement may be pledged by the State Agencies as security '~.
for any bonds issued by the State Agencies to refund the out-
standing State Bonds and the consent of the Local Agency shall
not be required for the refunding of the outstanding State Bonds
nor the assignment of the Pledged Revenues for the benefit of
the purchasers of any bonds issued to refund the State Bondsj
provided, that the Annual Loan Payment to be made by the Local
Agency hereunder in any succeeding year shall not be increased
and the final maturity of the original Loan shall not be
i
extended.
9.03. EARNINGS FROM INVESTMENTS. (a) SBA shall have sole
discretion to invest the various moneys included in the Reserve
34
the issuance of any such additional debt obligations secured by
a lien on the Pledged Revenues on a parity with or senior to the
lien of the State Agencies, SBA, or any successor body succeed-
ing to the powers of SBA, must fizst make a determination that
the debt service requirements of Section 141b), Article VIZ of
the Florida Constitution have been met.
8.04. ISSUANCE OF OTHER BONDS SECURED BY THE PLEDGED
REVENUES. The Division of Bond Finance may from time to time
issue additional state bonds as authorized by the Act for the '.
purpose of providing money to the Local Agency to finance the
construction of additional water supply and distribution facil-
ities and/or air and water pollution control and abatement and
solid waste disposal facilities and, with the consent of the
State Agencies, the Local Agency may apply for and obtain from
the proceeds of such bonds money for the construction of water
supply and distribution facilities and/or pollution control and
abatement and solid waste disposal facilities authorized by the
Act. The Local Agency may secure the repayment of such future
loans or money by the Pledged Revenues or any combination of the
Pledged Revenues and any other revenues legally available to the
Local Agency for such purpose and the lien of the State Agencies
and the holders of any such future state bonds issued under the
authority of the Act upon the Pledged Revenues may be on a
parity with the lien of the State Agencies created by this
Agreement if the SBA first makes a determination that in no
State Fiscal Year will the debt service requirements of the -
bonds proposed to be issued and all other bonds, including the
Bonds, secured by the Pledged Revenues exceed 75 percent of the
Pledged Revenues.
8.05; ~ PLEDGE OF PLEDGED REVENUES. The Local Agency may
not pledge or encumber the Pledged Revenues without the consent
of the State Agencies.
33
~ _
ara:.oh.
ARTICLE VIII
THE PLEDGED REVENUES
8.01. SPECIFIC REVENUES PLEDGED. The Local Agency pledges
to the State Agencies as security for repayment of the Loan the
revenues described in Section 10.03, all of which constitute the
Pledged Revenues.
8.02. SUPERIORITY OF THE PLEDGE TO STATE AGENCIES. From
and after the effective date of this Agreement, the State
Agencies shall have a lien on the Pledged Revenues prior and
superior to any other lien, pledge or assignment not specifi-
cally set forth in this Agreement. Any of the Pledged Revenues
may be released by the State Agencies from the lien on such
revenues in favor of the State Agencies if the State Agencies
and SBA make a determination based on facts deemed sufficient by
the State Agencies and SBA that the remaining Pledged Revenues
will in each Fiscal Year equal or exceed 1-1/3 times the Annual
Loan Payment coming due in each Fiscal Year under the terms of
this Agreement and the annual debt service requirements for all
other indebtedness superior thereto or on a parity therewith
secured by and having a lien on the Pledged Revenues, as pro- '.
vided by subsection Ibl, Section 14, of Article VII of the
Florida Constitution.
8.03. ADDITIONAL DEBT OBLIGATIONS. The Local Agency may
issue additional debt obligations on a parity with or senior to
the lien of the State Agencies on the Pledged Revenues with the
written consent of the State Agencies if the Local Agency can
demonstrate at the time of the issuance of such additional debt
obligations that the Pledged Revenues plus revenues to be
pledged to the Local Agency's additional proposed debt obliga-
tions will equal or exceed 1-1/3 times the annual combined debt
service requirements of this Agreement plus debt service on
other obligations secured by the Pledged Revenues and the t
estimated debt service requirements of the additional debt
obligations proposed to be issued by the Local Agency. Prior to
32
4. -,
~...:,._
Local Agency to carry out any other covenant or agreement
required by the Local Agency to be performed by this Agreement
and to perform all duties and actions required of the Local
Agency by this Agreement. -
(b) By action or suit in equity require the Local Agency
to account for all moneys received by the Local Agency from the
State Agencies or from the use of the System and to account for
the receipt, use, application or disposition of the Pledged
Revenues.
(c) By action or suit in equity enjoin any acts or things
which may be unlawful or in violation of Lhe rights of the State
Agencies.
(d) By applying to a court of competent jurisdiction for
appointment of a receiver to take charge of and manage the
System and to apply the income from the System and the other
Pledged Revenues to the reduction of the Local Agency's
obligations under this Agreement.
7.03. ADDITIONAL REMEDIES UPON DEFAULT. In addition to
and in conjunction with the remedies set forth in Section 7.02, '.
upon the happening of any Event of Default specified in Section
7.01, SBA or the State Agencies with the concurrence of SBA
shall be entitled to sue for, enforce payment of and receive any
and all amounts then due the State Agencies or becoming due at
any time thereafter, with interest on such overdue payments at
the rate or rates of interest specified by this Agreement as
interest on the Bonds, together with any and all costs or -
expenses of collection, including attorney's fees, and of all
proceedings hereunder without prejudice to any other right or
remedy of the State Agencies. ~,
31
~ _.
:e~~~-..
ARTICLE VII
DEFAULTS AND REMEDIES
7.01. EVENTS OF DEFAULT. Each of the following events is
hereby declared an 'Event of Default":
(a) Failure of the Local Agency to make any deposit
provided for by Section 3.07 or any installment of the Annual
Loan Payment when it is due and such failure shall continue for
a period of thirty (30) days.
(b) The Local Agency shall fail or refuse to comply with
the provisions of this Agreement or shall default in the perfor-
mance or observance of any of the covenants, agreements or
conditions required to be performed or observed by the Local
Agency by the terms of this Agreement other than as provided in
(aI above and such failure, refusal and default shall continue ,
for a period of sixty (60) days after written notice thereof to
the Local Agency by the State Agencies or by SBA.
(c) The Local Agency fails to construct the Project, or
abandons the construction of the Project, or unreasonably fails
without sufficient cause to proceed with the timely construction
of the Project.
7.02. REMEDIES. Upon the happening of any Event of
Default specified in Section 7.01, SBA or the State Agencies
with the concurrence of SBA may proceed to enforce the rights of
the State Agencies or their assigns by such of the following
remedies as SBA or the State Agencies may deem most effective to
protect and enforce such rights:
(a) By mandamus or other suit, action or proceeding at law
or in equity enforce all of the rights of the State Agencies or
the rights of any persons, corporations or governmental ageneiea
to which, the State Agencies' rights may have been assigned,
including the right to require the Local Agency to make and
collect the Pledged Revenues and to make the Monthly Loan
Deposits and the Annual Loan Payments to the State Agencies for
which such Pledged Revenues are security, and to require the
30
ARTICLE VI
ESTABLISHMENT OF RATES
6.01. RATES FOR USE OF THE SYSTEM. The Local Agency
covenants that it will at all times maintain rates and charges ~ ~,
for the use of the System or the services furnished by the
System oz for the use of any part of the System which will be
sufficient to provide Net Revenues which together with the other
Pledged Revenues will produce in each Fiscal Year Pledged
Revenues equal to or exceeding 1-1/3 times the Annual Loan
Payment plus debt service on other obligations secured by the
Pledged Revenues becoming due in such Fiscal Year. A schedule
of rates established by the Local agency shall be promptly
furnished to DER.
It is the intent o£ this section that in each Fiscal Year
the Local Agency must maintain and have available Pledged ';
e
Revenues which will equal 1-1/3 times the Local Agency's propor-
tionate share of the debt service becoming due each year on the
State Bond Issue from which construction funds are provided by
the State Agencies to the Local Agency plus debt service on
other obligations secured by the Pledged Revenues.
6.02. ESTABLISHMENT OF RATES BY DER. Zf the Local Agency
I
fails to fix and establish rates as required by Section 6.01,
DER shall have the right to fix, establish, determine and
collect fees and charges for the use of the completed System as
provided by Section 403.1834(6), Florida Statutes.
i
~.
b~. ,
29
Account until the moneys in such account are applied. for the
purposes provided in this Agreement.
28
~.
e
r +r
proceeds of such interim financing unless the requirements of
paragraphs (a), (b), lc) and (d) of this Section 5.02 have been
complied with.
DER shall make each payment directly to the Local Agency.
All requisitions and certificates received by DER as conditions
of payment from the Project Construction Account may be relied
upon and shall be retained in the possession of DER. The Local
Agency agrees that it will not knowingly request funds from this
Loan in excess of the amount required from this Loan for payment
i
of the Cost of Construction.
If the Local Agency refinances or refunds this Loan and/or
the State Bonds by placing funds in an irrevocable escrw
account for the sole purpose of retiring the outstanding
obligation of the Local Agency, including redemption premium and
1
accrued interest to the next succeeding redemption date of the '
y State Bonds, the remaining construction funds shall be applied
at the Local Agency's option in either of the following ways: '.
` (a) As part of the corpus of the escrow account. These
funds may be transferred to the escrow account at the time of '
the funding of the escrow account, provided SBA has determined
I
I and certified that the escrow account as contemplated will be
adequate for its intended purpose.
i
` Ib) As an advance to the Local Agency following establish- '
j went of the escrow account and provided SBA has determined and
i
certified that the escrow account has been adequately funded.
i
When the Loan is refunded, the Local Agency shall notify
the DER in writing of the disposition it desires for the remain-
ing construction funds. The DER shall apply these funds as
desired by the Local Agency provided such disposition is is
accord w}th the provisions of the Resolution and the escrw
agreement approved by SBA.
5.03. LIEN ON CONSTRUCTION FUNDS. The State Agencies
shall have a lien on the moneys in the Project Construction
i
~.
.~__.__
27
(b) A certificate signed by an Authorized Officer of the
Local Agency and attached to the above requisition certifying
li) the estimated costs of the Project as of the time of the
requisition; (ii) that payment of the amount is due; (iii) that
the materials, labor, or services represented by the invoice
have been satisfactorily purchased and/or received and applied
to the Project; and that the payment is a proper payment; (iv)
that the amount being paid from such Project Construction
Account and all prior disbursements made by the State Agencies
on account on such Project together with Federal grant funds
approved for the Project and other funds included in the financ-
ing plan will not exceed the cost of the Project; Iv) that all
funds received to date for payment of Costs of Construction have
been applied towards construction of the Project; and (vi) that
under the terms and provisions of the construction contracts
relating to such Project the Local Agency as a party to such
contracts is required to make such payments.
(c) A certification by the Consulting Engineer stating (i)
that equipment, materials, labor and services represented by the
invoices have been satisfactorily purchased and/or received and
applied to the Project in accordance with construction drawings
and specifications; (ii) that payment is in accordance with
construction contract provisions approved by DER as part of the
Project; and (iii) that construction up to the point of fund
withdrawal is in compliance with the approved engineering plans
and specifications.
(d) Such other certificates or documents by engineers,
attorneys, accountants, contractors, or suppliers as may be
reasonably required by DER.
Ln the event the Local Agency obtains interim financing for
a portion of the Project, sufficient moneys to retire any
obligations issued in connection with such interim financing may
be paid to the Local Agency by the DER, provided that no dis-
bursement shall thereafter be made by the Local Agency from the '.
26
~-
aaer-zw
~...
~=
ARTICLE V
PROJECT CONSTRUCTION ACCOUNT
5.01. DEPOSIT OF LOAN PROCEEDS IN A SPECIAL ACCOUNT.
Immediately upon receipt of the proceeds of the Bonds, DER will -
deposit into the Project Construction Account to be maintained
by DER that portion of the proceeds corresponding to the amount
set out in the Notice for the Cost of Construction of the
Project. Such deposited amount may be invested by the State
Treasurer until needed for the construction of the Project in
the investments authorized in the Resolution and may be
commingled with other funds on deposit with the State Treasurer
for the purpose of investment.
5.02. WITHDRAWAL OF CONSTRUCTION MONEY. Withdrawals from ~.
the Project Construction Trust Fund shall be made only upon
warrants signed by the State Comptroller, countersigned by the
Governor of the State of Florida, and drawn upon the State
Treasurer, and only when such warrants are accompanied by a
certificate of DER to the effect that such withdrawals are
proper expenditures. Notwithstanding the foregoing, the
disbursement of moneys from the Project Construction Trust Fund ~`
may be made by electronic means or by means of a magnetic tape
or any other transfer medium. During the construction of the
i
Project, DER shall monthly withdraw, and forward to the Local ;
Agency, moneys in the Project Construction Account in the amount
requested for construction of the Project by the Local Agency
upon receipt of:
(a) A written requisition of the Local Agency signed by
the Authorized Officer stating (i) the name of all payees to
which the payment is to be made; (ii) the amount to be paid to
each pay,~e~; (iii) a sufficiently itemized summary of the mate-
rials, labor or services for each payee for which the payment ie t
t
made in order to identify the nature of the work performed; and ~
(iv) a statement that the full invoice is filed for inspection
among the permanent records of the Local Agency.
25
Agency for any of the following purposes: (i) to reduce the
Local Agency's Annual Loan Payments in the order in which they
become dues (ii) to the construction or acquisition of any
approved additions to the System, the plans and specifications
for which have also been approvedi or (iii) by depositing such
surplus funds in an account to be maintained by SBA either for
the redemption of outstanding State Bonds when such Bonds become
eligible for redemption pzior to maturity or for the purchase of
outstanding State Bonds. Any amounts held for the purchase or
redemption of Bonds derived from Bond proceeds may be invested
and reinvested by SBA only in investments designated and permit-
ted by this Agreement with a yield not in excess of the yield on
the Bonds permitted in Treasury Regulations Sections 1.103-13
and 1.103-14, as such Regulations shall now or hereafter be '
amended. Any interest income earned on funds, which were -.
derived from Bond proceeds, may be invested or reinvested at ',
unlimited yield for one year after their receipt and thereafter
if not expended shall be restricted as provided in the preceding
sentence. Any such reduction of principal through redemption or '.
purchase of outstanding Bonds shall be credited to the account
of the Local Agency or for the benefit of the Local Agency and
the Annual Loan Payments of the Local Agency shall be adjusted
accordingly. Earnings from investments of all other funds and
accounts, except as otherwise provided by Section 9.03 (b), shall
be used only as provided in (a), (b)(i), and (b)(iii) above.
za
J
fit=,.
.::..
waive the requirement for the Local Agency to pledge its full
faith and credit and governmental taxing power as imposed by
this Section.
4.09. FEDERAL GRANT. If the Local Agency shall have ',
applied for any federal grant under Public Law 95-217 or other-
wise, the Local Agency will timely and forthwith take all
actions and do all things necessary to obtain such a grant from
the appropriate agencies of the United States. The Local Agency
will use the money obtained from such grant, if any, as it is
from time to time received together with the proceeds of the
Loan to construct the Project and will hold the money obtained
f from the grant in a separate bank account in trust until .
expended for costs of the Project in accordance with the terms
i and conditions under which such grant is made or until the
Project is completed. The Local Agency shall expeditiously
apply for grant moneys to which it is entitled on a monthly '..
3
basis. 2n making payments for construction, the Local Agency
will in every instance apply all grant funds received and on ~,
j hand before requesting additional funds from the Project Con-
? struction Account. Upon completion of the Project and the
payment of all costs incurred in the construction of the
Project, the Local Agency may use the remaining proceeds of any
;
such grant for any purpose not prohibited by the agency of the ~.
United States making such grant.
4.10. USE OF SURPLUS LOAN PROCEEDS AND FUNDS. Upon
completion and placing of the Project in operation and after
making provision for the payment of all costs incurred in the
construction of the Project and if the Local Agency is not in
default under this Agreement, the State Agencies shall use and
i
apply the balance of any funds remaining in the Project Con- i
struction Account in the following order of priority: (a) to £
restore, if necessary, the Local Agency's Reserve Account to its
i
.~ original amount if it has been necessary to withdraw any moneys
from such Reserve Account; (b) with the approval of the Local
a
3
~ 23
~.. ~ _.
provided in Section 4.08; provided, however, that failure of the
State Agencies and SBA to approve an Additional Completion Loan
shall not constitute a waiver of the Local Agency's covenants to
complete and place the Project in operation as specified in this
Agreement and the Local Agency shall nevertheless be required to
obtain funds from other sources legally available to the Local
Agency and complete and place the Project in operation as
required by this Agreement.
4.08. OBTAINING ADDITIONAL COMPLETION LOAN. The Local
Agency covenants that if the moneys received from the proceeds
of this Loan and grants, if any, from the United States together
with other moneys available to the Local Agency are not suffi-
cient to complete the Project, the Local Agency will apply for
and enter into a supplemental loan agreement with the State
Agencies, if approved by them, to obtain an Additional Com-
pletion Loan to provide the necessary money to complete the
Project. To qualify for such an Additional Completion Loan the
Local Agency must demonstrate that the revenues to be pledged by
the Local Agency for the Additional Completion Loan will be
sufficient to meet the debt service requirements imposed by the
Act. The Local Agency covenants that it will secure the repay-
ment of the Additional Completion Loan by pledging sufficient
additional Revenues or other Legally Available Funds as required
by the Act, and to the extent permitted by law will further
pledge as security for repayment of the Additional Completion
Loan the Local Agency's full faith and credit and governmental
taxing power without any election of qualified electors as
provided by Section 14, Article VII, of the Florida Constitution
and by the Act; provided, however, that if SBA determines that
the revenues to be pledyed by the Local Agency for security for
such Additional Completion Loan meet the debt service reguire-
ments of Article VII, Section 14 of the Constitution without the
additional pledge of the Local Agency's full faith and credit,
then the State Agencies, at the State Agencies' sole option, may
22
Project unless such changes are first approved by DER in writ-
ing.
If Net Revenues to be derived from the operation of the
System constitute or are included in the Pledged Revenues or are
subsequently included in the Pledged Revenues by amendment to
this Agreement after the completion of such Project, the Local
Agency fcr the term of this Agreement shall provide an
inspection report no less frequently than every three (3) years,
or as otherwise directed by DER, to be prepared by a
professional engineer certifying that the System is being
maintained in an operable and functional condition satisfactory
to achieve the design requirements.
4.06. PROHIBITION AGAINST ENCUMBRANCES. The Local Agency
~~.s..:
is prohibited from selling, leasing oz disposing of the System
so long as this Agreement is in effect unless the written -..
consent of the State-Agencies is first secured.
4.07. COMPLETION MONEYS. In addition to the proceeds of
this Loan, the Local Agency covenants that it has obtained or
will obtain sufficient moneys from other sources, including ~.
without limitation the proceeds of any grants which may be
obtained from the United States of America under the provisions
of Public Law 95-217, as amended, or other applicable law to ,
complete and place the Project in operation on or prior to the
completion date specified in this Agreement. If, because of
natural disasters or other acts of God, strikes, failure of
contractors employed on the Project to proceed timely with the
work or to perform the work, or unforeseen circumstances beyond ~
I
the control of the Local Agency, or for other good and suffi- I
cient reasons, the proceeds of this Loan, any grant from the
United S~atea under Public Law 95-217, as amended, or other
i
applicable laws, and other funds of the Local Agency are insuf-
i
ficient to complete and place the Project in operation as
required by this Agreement, the Local Agency may make applica-
tion to the State Agencies for an Additional Completion Loan as
21
~~ . .
Agency to complete and place the Project in operation as
required by the terms of this Agreement.
4.03. ACQUISITION OF TITLE TO PROJECT SITE. The Local
Agency shall, prior to or at the time of execution of this
Agreement, acquire title to or have the right to condemn the
site on which the Project is to be constructed, or shall have an
interest in real property sufficient for the location thereon of
the Project free and clear of liens and encumbrances which would
materially affect the value or usefulness of such site or such
interest in real property for the intended use thereof.
4.04. PERMITS AND APPROVALS. The Local Agency has
obtained prior to the execution of this Agreement or will obtain
prior to the disbursement of funds from the Project Construction '.
Account, except as otherwise permitted by DER, all governmental
permits and approvals required by law for the construction,
ownership, operation and maintenance of the Project by the Local -.
Agency, and the Local Agency is responsible for obtaining
required operation and maintenance permits upon satisfactory
construction of the Project in accordance with the approved
plans and specifications.
4.05. PROJECT SUPERVISION. DER shall be the State agency
having the responsibility for approving the plans and specifica-
tions of the Project. The Consulting Engineer shall be a
registered professional engineer in the State of Florida and
employed by the Local Agency to oversee the construction of the
Project by the Local Agency, and shall certify to DER that the
Project is being satisfactorily constructed according to plans
and specifications approved by DER in conjunction with the Loan.
The Consulting Engineer will submit such reports of same to DER
no less frequently than every three 13) months. The Consulting
Engineer shall list in the reports all additions and deletions
to the Project which alter the scope or functioning of the
Project since its initial approval by DER. No substantial '
changes shall be made in the plans and specifications for the
20
equipping and installation of the Project as promptly as practi-
cal after receipt of the proceeds from the sale of any series of
the State Bonds or after the amount of the Loan is set aside and
credited to the Local Agency's Project Construction Account, as
the case may be, but in no event later than six (6) months after
the Delivery Date of any series of the Bonds to the original
purchaser, which date will be provided by the Local Agency in
the Notice. The Local Agency agrees to continue said acquisi-
lion, construction, equipping and installation with all due
diligence and reasonable dispatch and to use its best efforts to
cause constrvction of the Project to be completed by the date
set out in the Notice or as soon thereafter as may be practical,
delays incident to strikes, riots or acts of God beyond the
reasonable control of the Local Agency only excepted. If for
any reason such acquisition, construction, equipping and instal-
lation is not completed by the specified completion date there
shall be no resulting diminutions or delay in the Annual Loan
Payments or the Monthly Loan Deposits required to be paid by the
Local Agency, and such semi-annual installments of the Annual
Loan Payment and Monthly Loan Deposits shall commence on the
date specified in this Agreement to the same extent as if the
Project were completed and in operation.
(b) This Agreement is entered into between the State
Agencies and the Local Agency for the express purpose of loaning
moneys to the Local Agency so that the Local Agency may acquire,
construct and place in operation the Project, which Project will
in all events serve a public purpose. Zn view of the public
need for the Project the Local Agency covenants that (i) it will
under all conditions complete and place the Project in operation
f
to the end that the pc:.''lic need will be met, (fi) that it will
not abandon or discontinue the construction of the Project, and i
(iii) that necessary proceedings at law or equity may be main-
_ tained against the Local Agency by mandamus, specific perfor-
mance or other appropriate legal remedies to require the Local -.
( 19
ARTICLE IV
THE PROJECT AND OTHER FUNDS
4.01. THE PROJECT. The Project to be acquired, construct-
ed and equipped oz refinanced by the Local Agency from the
proceeds of the Loan will consist of water supply and dis-
tribution facilities and/or pollution control and abatement
facilities and/or solid waste disposal facilities as defined by _
the Act. Plans and specifications and detailed Project narra-
tive descriptions which identify and define the Project must be
filed by the Local Agency with DER when such plans and speci-
fications are complete, but in no event Later than six (6)
months after the Delivery Date of the Bonds. Ffien the Froject
consists of more than one component project, each of which
requires separate plans and specifications, the requirement in
the preceding sentence that plans and specifications must be
submitted no later than six months after the Delivery Date shall
apply only to the first components to be constructed. In no
event will moneys be disbursed from the Project Construction
Account until the plans and specifications for the first compo-
nent project to be constructed are on file with and have been
approved by DER. Except for engineering costs related to the
development of plans and specifications, no moneys will be
disbursed for a component project until plans and specifications
for said component project are on file with and have been ;
approved by DER. Prior to the issuance and delivery of the _
Bonds to the original purchaser, the Local Agency will employ
qualified engineering experts to supervise construction of the
Project substantially in accordance with the plans and speci-
fications on file with DER. The Local Agency will employ
qualified construction experts to construct the Project in
{
accordance with the approved plans and specifications for the
e
Project.
4.02. COVENANT TO COMPLETE THE PROJECT. (a) The Local
Agency agrees to proceed with the acquisition, construction, '_
1 1H
v..»..,_.... .._._.
^ ~,.
Insurance Corporation and which are fully secured by securities
listed under (i) or (ii), above; and (v) any other investment _~
which is a permitted investment for public moneys under the laws
of the State of Florida. The maturity or redemption date of ~.
such obligations shall coincide as nearly as practicable with ,
the times at which moneys in the Monthly Escrow Account will be
required to make the Local Agency's semi-annual installment of '.
the Annual Loan Payment but shall mature at a date not later
than the date upon which such moneys will be needed to make the
Local Agency's semi-annual installment of the Annual Loan -
Payment.
3.09. WITHDRAWALS. The withdrawal of moneys from the ',
Monthly Escrow Account shall be in accordance with the schedule
and the provisions set forth in Section 8 of the Escrow Agree-
went. No withdrawals from the Monthly Escrow Account shall be
made by the Local Agency except for the purpose of making
semi-annual installments of the Annual Loan Payment unless the
SSA and the Division of Bond Finance first give their written
consent to such withdrawal to the Local Agency and to the
Depository.
~ 17
}...
Legally Available Funds) of the Local Agency all sums from time
to time becoming due under this Agreement before the same become
delinquent. Such covenant and agreement shall not be construed
to give the State Agencies claim on any non ad valorem revenues
superior to the otherwise prior claims of general creditors of
the Local Agency, nor shall it be construed so as to give the
State Agencies or holders of the State Bonds the power to
require the Local Agency to levy and collect any non ad valorem
revenues other than Pledged Revenues. In addition, such cove-
nant and agreement shall not be construed to create a lien on or
pledge of any of the Local Agency's revenues nor be construed to
prevent or preclude the Local Agency from hereafter issuing
obligations payable from and secured by a prior lien on and '..
pledge of any portion of any of such other Legally Available
Funds.
3.08. INVESTMENT OF ESCROW MONEYS. Upon the direction of
the Local Agency the Depository shall invest the moneys in the
Monthly Escrow Account in governmental obligations of the United
States of America, which shall mean (i) any bond, debenture,
note or other similar obligation issued by the Government
National Mortgage Association, Federal Land Banks, Federal Home
Loan Banks, Federal Intermediate Credit Banks, Banks for Cooper-
atives, the Tennessee Valley Authority, or the Farmers Home
Administration; (ii) all other obligations issued oz uncondi-
tionally guaranteed as to principal and interest by an agency or
person controlled or supervised by or acting as an
instrumentality of ehe United States Government pursuant to
authority granted by the Congress; (iii) repurchase or other
investment agreements with reputable financial institutions
fully secured by securities listed under (i) or (ii), above;
(iv) time deposits, certificates of deposit or similar arrange- ~
ments with any bank or trust company which is a member of
Federal Deposit Insurance Corporation or any savings and loan
association which is a member of the Federal Savings and Loan '.
16
by the Local Agency pursuant to this Agreement, then the Local
Agency shall restore said Reserve Account in accordance with the
provisions of Section 9.08.
3.07. MONTHLY ESCROW ACCOONT. The Local Agency shall
,
establish an Escrow Account with a Depository under an Escrow
Agreement substantially in the form attached hereto as Exhibit
"A'. Said Escrow Account shall be entitled "Monthly Escrow
Account' with the governmental identity of the Local Agency
preceding such account designation. Beginning on the date set
out in the Notice, the Local Agency shall make a Monthly Loan
Deposit £rom the Pledged Revenues each month to the Htonthly
Escrow Account consisting of all Pledged Revenues available in
such month or that portion of the available Pledged Revenues
required to make the amount on deposit in the Monthly Escrow
Account equal to the sum of the next two semi-annual install-
ments of the Annual Loan Payments, provided, however, no such
Monthly Loan Deposit shall be required to be made in any month
in which the amount on deposit in the Monthly Escrow Account is
equal to or exceeds the sum of the next two semi-annual install-
ments of the Annual Loan Payments, plus deficiencies in prior
year payments, if any. '.
In any month in which the amount on deposit in the Monthly
Escrow Account does not equal or exceed two-thirds (2/3) of the
sum of the next two semi-annual installments of the Annual Loan
Payments, the Depository shall be required to promptly notify
the State Agencies in writing if the Local Agency fails to make
a Monthly Loan Deposit which equals or exceeds one-twelfth
(1/12) of the sum of the next two semi-annual installments of
the Annual Loan Payments. In the event there is an insufficient
amount in the Monthly Escrow Account sixty (60) days prior to
each semi-annual installment of the Annual Loan Payment, the
Local Agency agrees and covenants to budget, by amendment if
necessary, appropriate, and pay to the State Agencies from other
legally available funds (hereinafter referred to as "Other
15
_i•_.+.-...._
;~..
each Fiscal Year shall be the amount set forth in the Notice.
The exact amount of principal of and interest on the Loan shall
be set forth in the Notice.
3.04. ANNUAL ADMINISTRATIVE EXPENSES PAYMENT. The amount -
of Administrative Expenses to be paid by the Local Agency in
each State Fiscal Year shall consist of the Local Agency's
proportional share of the amount of Administrative Expenses
incurred annually by the SBA and the DER. The DER and the SBA
shall semi-annually on February 1 and August 1 of each year
certify the amount of Administrative Expenses incurred by them
during the preceding six months. The DER shall promptly notify
the Local Agency and the Depository of the amount to be paid for
Administrative Expenses by the Local Agency when the Local
Agency pays its next semi-annual installment of the Annual Loan ~,
Payment.
3.05. TOTAL ANNUAL LOAN PAYMENT, The amount of the Annual
Loan Payment to be made by the Local Agency in each Fiscal Year
shall be the aggregate of the payment for principal and the
interest in accordance with Section 3.03 and as provided in the
Notice, plus the payments for Bank Aandling Charges, if any, and
Administrative Expenses in accordance with Section 3.04, plus
the amount, if any, required to be deposited to the Reserve
Account in such Fiscal Year, as provided in the Notice. The
first semi-annual installment of the Annual Loan Payment shall
be made by the Local Agency on the date set out in the Notice.
3.06. ADDITIONAL PAYMENTS. In addition to the Foregoing
items comprising the total Annual Loan Payment, the Local Agency
shall also pay, upon request by the State Agencies, all of the
costs, charges and expenses hereafter provided in this Agreement
to be paid 'by the Local Agency, including the proportional share
of premium, if any, on any State Bonds redeemed by the State
prior to maturity. Further, if at any time the Local Agency's
Reserve Accovnt is depleted in any degree because of the Local
Agency's failure to make any of the payments required to be made
14
ARTICLE III
THE LOAN; ESCROW ACCOUNT
3.01. PRINCIPAL AMOUNT OF THE LOAN. The State Agencies
agree to make and the Local Agency agrees to accept a Loan in
the principal amount set out in Section 10.01, not to exceed
51,500,000. The rate or rates of interest to be paid by the
Local Agency on the Loan shall be specified in the Notice
provided that said rate or rates shall not exceed the interest
rate permitted by Section 14 of Article VII of the Florida '.
Constitution and shall not be less than the rate or rates of
interest to be paid on the State Bonds.
The Loan may be made in installments and the project may be ',
constructed in two or more increments. In such event: (1) the
Bonds shall be issued and sold in appropriate amounts to provide
funds for each installment of the loan; (2) a revised notice
meeting all the requirements of Article X of this Loan Agreement
shall be executed reflecting the exact figures required by
Section 10.07 in which the current and all previous installments
of the loan are included; and (3) the Loan installment shall not
be made unless the determination required by Section 14(c),
Article VII of the Florida Constitution has been made with
respect to the series of Bonds to be issued.
3.02. COMPOSITION OF INITIAL PRINCIPAL AMOUNT, The
initial principal amount of the Loan shall consist of the amount
set forth in the Notice for (i) the Cost of Construction of the
Project, (ii) the amount, if any, set forth therein as Capi-
talized Interest, (iii) the amount set forth therein for deposit
to the Reserve Account, if any, and fiv) the amount set forth
i
therein for payment of the fees of the Division of Bond Finance
in connection with the issuance of the State Bonds as authorized
by Section 215.65, Florida Statutes, and by the rules of the
Division of Bond Finance.
3.03. ANNUAL PRINCIPAL AND INTEREST PAYMENT. The amount
of principal of the Loan to be repaid by the Local Agency in
! 13
(F) The Local Agency shall not issue bonds, notes or other
evidences of indebtedness in anticipation of the issuance of the
Bonds or in any manner secured by or payable from the proceeds
of the Honds or Pledged Revenues without the prior written
consent of the State Agencies.
IG) The Local Agency has paid no commitment fee or other
remuneration, direct or indirect, to any person in connection
with the agreement of the State Agencies to become a party to
this Agreement, and will pay no such commitment fee or other '~,
remuneration to any person, except as otherwise disclosed to the
State Agencies.
2.02. CONDITIONS PRECEDENT. As a condition precedent to
the effectiveness of this Agreement, the Local Agency shall
deliver the following to the State Agencies as of the date of
the Agreement, and the execution by the State Agencies hereof ~~
shall be conclusive evidence of the receipt by the State
Agencies of the following in form and substance satisfactory to
the State Agencies: ,
(A) A copy of all resolutions authorizing this Agreement;
(B) The opinion of counsel to the Local Agency that this
Agreement has been duly authorized, executed and delivered by
the Local Agency and constitutes a legal, valid and binding
obligation of the Local Agency in accordance with its terms; and
(C) A certificate signed by a member of the governing body
of the Local Agency or an employee oz other official of the
Local Agency having responsibility for the Project stating the
status of the Project on the date the State Bonds are delivered
to the original purchasers (the 'Delivery Date'); projected
quarterly withdrawals from the Project Construction Account;
projected date of completion of the Project and verification
that binding commitments toward acquisition and construction of
the Project in an amount not less than $100,000 shall be entered
into by the Local Agency within six (6) months of the Delivery
Date.
!~ 12
^'~
ARTICLE II
WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS. In order
to induce the State Agencies to enter into this Loan Agreement, - .
the Local Agency warrants, represents and covenants that:
IA) The Local Agency is a municipal corporation of the
State of Florida, and has full power and authority to enter into
this Agreement and to perform and comply with the provisions
hereof.
(B) The Local Agency is not in default under or in vio-
lation of any agreement or any law, administrative regulation,
judgment, decree, loan agreement, note, resolution, agreement,
charter oz ordinance to which the Local Agency is a party or is
otherwise subject, which would prohibit, restrain, or enjoin the
Local Agency from entering into this Loan Agreement or perform-
ing any of its obligations under this Agreement.
IC) There is no action, suit, proceeding, inquiry or
investigation, at law or in equity, before any court, public
board or body, pending or, to the best of the Local Agency's
knowledge, threatened which seeks to prohibit, restrain or
enjoin the issuance, delivery or sale of the Bonds, or would
prohibit, restrain or enjoin the Local Agency from entering into
this Agreement or performing any of its obligations under this
Agreement.
(D) The execution, delivery and performance of this
Agreement and compliance with the provisions hereof will not
conflict with, or constitute a breach of or default under, any
law, administrative regulation, judgment, decree, loan agree-
went, note, resolution, agreement, charter oz ordinance to which
the Local Agency is a party or is otherwise subject.
(E) This Agreement has been duly authorized, executed and
delivered by the Local Agency and constitutes a legal, valid and
binding obligation of the Local Agency enforceable against the
Local Agency in accordance with its terms.
11
- - __..a.
Capitalized wozda not otherwise defined herein but defined in
the Resolution shall be defined as set forth in the Resolution.
10
~\
A
account which will be a part of and commingled with the Reserve
Fund of the State Bond Zssue and used to pay deficiencies, Sf
any, in the Annual Loan Payment of the Local Agency. As pro-
vided in the Resolution, in lieu of requiring the Reserve
Account to be funded from Bond proceeds, said account may be
funded from Pledged Revenues over a period of years, by equal
installments to said account in the amounts set Forth in the
Notice.
(FF) "Reserve Fund" shall mean the aggregate of the Reserve ~.
Accounts. See Section 9.07.
(GG) "Resolution' shall mean the resolution of the Governor
and Cabinet of the State of Florida sitting as the Governing
Board of the Division of Bond Finance authorizing the issuance
of the State Bond Issue. _
(NR) "SBA' shall mean the State Board of Administration of
the State of Florida created under Section 16, Article IX, of
the Florida Constitution of 1885.
III) "Section' shall mean a numbered section of this
Agreement unless othen+ise set forth. ;
(JJ) "State Agencies' shall mean the DER and the Division
of Bond Finance.
(XR) 'State Bond Act" shall mean Sections 215.57-215.83,
Florida Statutes.
(LL) 'System" shall mean the wastewater system, of which ',
the Project will become a part, owned or cperated by the Local ~,
Agency.
1.02 CORRELATIVE WORDS. Words of the masculine gender
shall be deemed and construed to include correlative words of
the feminine and neuter genders. Unless the context shall
otherwise, indicate, the singular shall include the plural and
the word "person" shall include corporations and associations,
including public bodies, as well as natural persons.
9
(AA) "Notice" shall mean the notice of those matters
required and set forth in Section 10.07, which Notice shall be
given by the State Agencies to the Local Agency as soon as
practical after sale of the Bonds. Such Notice shall be revised
to the extent necessary to reflect the details of each install-
ment of the Loan.
(BB) "Pledged Revenues" shall mean those revenues specif-
ically approved by the State Agencies and SBA which aze pledged
to the repayment of the Loan within the meaning of the Act.
Such Pledged Revenues shall include Net Revenues of the Local
Agency, as specifically described in Section 10.03. The earn-
ings from the investment of the funds credited to the Reserve
Account shall also be deemed to be a part of and included among
the Pledged Revenues subject to compliance with Section 9.11
relating to arbitrage. As provided by Section 14 of Article VII
of the Florida Constitution, the Local Agency may pledge its
full faith and credit and taxing power for the repayment of the
Loan without any election of freeholder electors or qualif ied_
electors and such pledge, if made, will be included as a part of ~.
Pledged Revenues approved by the State Agencies and the SBA.
(CC) "Project' shall mean the facilities being financed
with the Loan and described in Section 10.06.
(DD) "Project Construction Account' shall mean a special
account designated in the name o£ the Local Agency which may be
a part of and commingled with the DER Project Construction Trust
Fund, as defined in the Resolution, to be maintained by the DER -
into which the State Agencies will deposit from a portion of the
proceeds of the State Bonds, as such Bonds are sold from time to
time, the amount of money provided by this Agreement for the
acquisition, construction and equipping of the Project. ~
(EE) 'Reserve Account' shall mean the account into which
will be deposited the amount set aside from the proceeds of the
State aonds designated in the name of and fox the Local Agency's
B
__ _ - ..~
(SI "Fiscal Year" shall mean the Fiscal Year of the State
Agencies.
(T) "Gross Revenues" or "Revenues' shall mean all revenues
of the System, but shall not include wastewater impact fee -
revenues, proceeds from the sale or other disposition o£ the
System or any part thereof, condemnation awards or proceeds of
insurance, except use and occupancy or business interruption
insurance, received with respect to the System.
(U) "Loan" shall mean the amount of money authorized and '
agreed to be loaned to the Local Agency by the State Agencies
pursuant to this Agreement, whether loaned at one time or in
installments.
(VI 'Local Agency" shall mean the City of Atlantic Beach.
(W) "Local Agency Sond Documents" shall mean any resolu-
tion, ordinance, indenture, trust agreement, loan agreement,
installment sale agreement, lease, sublease or other similar
document, pursuant to which Local Agency Indebtedness, if any,
has been or will, simultaneously with the execution hereof or -.
the issuance of the State Bonds, be issued or secured.
(X) "Local Agency Indebtedness' shall mean bonds, notes or
other evidences of indebtedness, if any, which are payable from
the Revenues prior to the payment of the Annual Loan Payment to
the State Agencies On account of the Loan, pursuant to the Local
Agency Bond Documents.
(Y) 'Monthly Loan Deposit" shall mean the monthly deposit
to be made by the Local Agency to the Monthly Escrow Account as
set out in Seetion 3.07.
(2) "Net Revenues" shall mean the Gross Revenues less the
Cost of Operation and Maintenance and less the cost of renewal
and replacement.
7
materials, equipment, machinery and all land or interests
therein, and any other property, real or personal, appurtenant
to or useful in the acquisition, construction and equipping of
the Project, engineering, accounting expenses, Administrative
Expenses, legal and fiscal fees, repayment of the cost of
interim financing or loans or of advances made by the Local
Agency or advances derived from any other source for the
aforegoing purposes, the cost of any necessary repairs or
modifications to the Project, and any other expenses necessary
for the acquisition, construction and equipping of the Project
and placing of same in operation. The Cost of Construction
shall also mean the refunding or refinancing of bonds of the
Local Agency the proceeds o£ which were used for the purposes
aforestated in the preceding sentence.
(N) 'Cost of Operation and Maintenance" of the System,
including the Project shall mean the current expenses paid or
accrued, in the operation, maintenance and repair of System,
including the Project, as calculated in accordance with
generally accepted accounting principles, but shall not include
any reserve for renewals and replacements, extraordinary repairs
or any allowance for depreciation. '
(O) 'Debt Service Reserve Fund" shall mean the fund
created by Section 3.02 (B)(3) o£ the Resolution.
(p) "Depository' shall mean a bank or trust company,
having a combined capital and unimpaired surplus of not less
than S50 million, authorized to transact a commercial banking or
savings and loan business in the State of Florida and insured by
the Federal Deposit Insurance Corporation or the Federal Savings
and Loan Znsuzance Corporation.
(Q) 'DER" shall mean the State of Florida Department of
f
Environmental Regulation.
(R) "Division of Bond Finance" shall mean the Division of ~,
Bord Finance of the State of Florida Department of General
Services.
6
;a
registrar, a pro rata share of which is to be paid by the Local
Agency.
(B1 "Bond Interest and Sinking Fund" shall mean the fund
created by Section 3.02 (B)I1) of the Resolution.
(I) "Bonds' or "State Bonds" or 'State Bond Issue' shall
mean the not to exceed $1,500,000 State of Florida Full Faith
and Credit Pollution Control Bonds, described herein, whether
issued at one time or in several series, including any refund-
ings thereof issued for the purpose of providing funds to be
loaned to the Local Agency pursuant to this Agreement and in
certain instances far the additional purpose of providing funds
to be loaned to other Local Agencies or Agency pursuant to
separate loan agreements or agreement.
(J) "Capitalized Interest Account' shall mean the account
into which will be deposited that amount of interest funded from
Bond proceeds, if any, computed at the rate per annum to be paid
on the State Bonds, which will be used to pay the interest due
on the principal amount of the Loan until the Local Agency's
Annual Loan Payment consnences On the Loan. The amount of
interest on the State Bonds relative to the Loan governed by
this Agreement to be funded from the proceeds of the State Bonds
shall be the amount agreed upon by the Local Agency and the
State Agencies. The Capitalized Interest Account designated in
the name of the Local Agency will be a part of and may be
commingled with the Capitalized Interest Fund.
(R) "Capitalized Interest Fund' shall mean the fund
created by Section 3.02 (B112) of the Resolution.
(L•) "Consulting Engineer" shall mean the consulting
engineer described in Section 10.05.
(M) "Cost of Construction" shall mean that part of the
entire acquisition, construction and equipping costs of the
Project which is furnished by the State, including, without
intending to limit the foregoing, the cost of planning, survey-
ing, excavating and constructing the Project, the cost of labor,
5
e
I~
1
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ARTICLE I
DEFINITIONS
1.01 WORDS AND TERMS. Whenever used in this Agreement the
following terms shall have the following meanings unless the -
context otherwise requires:
(A) "Act" shall mean Article VII, Section 14, Florida
Constitution, and Section 403.1834, Florida Statutes.
IB) "Additional Completion Loan" shall mean a separate
subsequent loan apart from the Loan authorized by this Agreement
which may be made to the Local Agency by the State Agencies £or
the purpose of furnishing the Local Agency additional funds to
complete the Project in the event the Local Agency is unable to
complete the Project £rom the proceeds of the Loan provided for
by this Agreement and from other legally available funds of the
Local Agency.
(C) 'Administrative Expenses" shall mean the expenses
incurred by the DER and the SBA in constructing, supervising,
and inspecting the Project and in administering this Agreement,
including paying agent fees, if any, to be paid by the Local
Agency.
ID) 'Agreement' or 'Loan Agreement' shall mean this
agreement.
(E) "Annual Loan Payment" shall mean the aggregate payment
due by the Local Agency to the State Agencies in each Fiscal
Year which is comprised of payments of principal, interest and
Administrative Expenses payable in equal semi-annual install-
ments as hereinafter provided.
(F) "Authorized Officer" shall mean the appropriate
official of the Local Agency authorized by law or resolution to
sign or attest documents on behalf of the Local Agency.
(G) 'Bank Handling Charges' shall mean the charyad, if
any, made by the bank serving as paying agent or registrar on
the Bonds for its services in the capacity of paying agent or
1 q
NOW, THEREFORE, in consideration of the State Agencies
loaning money to the Local Agency, in the principal amount
hereinafter set forth, and the mutual covenants of the parties
hereto, and other good and valuable considerations hereinafter .
set forth, it is agreed by and among the State Agencies and the
Local Agency as follows:
3
_. _.,,~-_ __.... ~--'"------_.~ mss---- `l~
fiscal sufficiency required by Article VII, Section 14 of the
Florida Constitution and Section 403.1834, Florida Statutes, in
connection with the issuance of such bonds; and
WHEREAS, the Local Agency has made application for the .
financing of a project, as more specifically defined in Section
10.06 herein (the "Project"), and DER has determined that such
Project meets all requirements of the Act; and
WHEREAS, the Local Agency has, by resolution, applied to
the State Agencies for a Loan, the proceeds of which shall be
used by the Local Agency for the acquisition, construction and
equipping of said Project; and '
WHEREAS, the Local Agency is authorized by law, and is not
prohibited by any indenture of trust, resolution, ordinance or
agreement pertaining to its outstanding bonds, if any, or any
judicial or administrative order oz any other legal process, to
borrow money from the State Agencies, by entry into this Agree-
ment, to acquire, construct and equip or refinance the Project,
and to repay such money to the State Agencies with interest and
other charges upon the terms and conditions provided in this
Agreement; and
WHEREAS, the State Agencies are willing to make a Loan to
acquire, construct and equip or refinance the Project in the
amount requested by the Local Agency upon the terms and con-
ditions set forth in this Agreement and which Loan may be made
in multiple installments; and
WHEREAS, the State Agencies will obtain the funds which it
will loan to the Local Agency by the issuance of not to exceed
51,500,000 State Bonds payable primarily from Pledged Revenues,
as hereinafter defined, of the Local Agency and additionally
secured by 'the full faith and credit of the State of Florida;
z
. `tea ~^" ,- ..~--~. --./
T. ~
LOAN AGREEMENT RELATING TO PROVIDING
FUNDS FOR THE CONSTRUCTION OF WATER
SUPPLY AND DISTRIBUTION FACILITIES
AND/OR POLLUTION CONTROL AND ABATEMENT
FACILITIES AND/OR SOLID WASTF. DISPOSAL
FACILITIES
THIS AGREEMENT made and executed by and among the STATE OF
FLORIDA DEPARTMENT OF ENVI AONP'~ENTAL REGULATION, the DIVISION OF
BOND FINANCE OF THE STATE OF FLORIDA DEPARTMENT OF GENERAL
SERVICES (hereinafter referzed to respectively as 'DER" and the
"Division of Bond Finance" and collectively as "State Agencies")
and the CITY OF ATLANTIC BEACH, existing as a municipal
corporation under the laws of the State of Florida (hereinafter
referred to as the "Local Agency'),
W I T N E S S E T R:
WHEREAS, Pursuant to Article VII, Section 14 of the Florida
Constitution and Section 403.1834, Florida Statutes, the State
Agencies are authorized to make loans to any municipality,
county, district or authority, or any agency thereof, to finance
or refinance the acquisition, construction, and equipping of
water supply and distribution facilities and aiz and water
pollution control and abatement and solid waste disposal facil-
ities to be owned or operated by such municipality, county,
district or authority and the design and/or construction of
which has been approved by DER; and
WHEREAS, DER is the State agency vested by law with the
authority to approve the acquisition, construction or equipping
of projects which are to be financed pursuant to the Act; and
WHEREAS, The Division of Bond Finance is the State agency
authorized by the Act to determine the amount of Bonds, the
proceeds of which will be used to finance the~Project and is the
State agency authorized by the State Bond Act to issue such
Bonds; and
WHEREAS, the State Board of Administration of Florida is
the agency authorized by law to administer the debt service on
bonds issued by the State or its agencies and to determine the
.SL2
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DOWLINGMORROW, INC.
General Contractors Land Developer
149 Beach Avenue
Atlantic Beach, Honda 32273
Phone 190a) 2a6-1833
May 22, 1985
Mr. Richard Fellows, City Manager
City of Atlantic Reach
716 Ocean Boulevard
Atlantic Beach, Florida 32233
RE: SEMINOLE BEACH PROJECT #2 Described as: PARCEL "C",
1.85 ACRES BETWEEN SEMINOLE RO. AND BEACH AVE. WERT
TO EAST ROUND TO THE NORTH BY 20TH ST. and PARCEL"O",
1.14 ACRES NORTH OF 20TH ST. BOUND TO THE NEST BY
SEMINOLE R0.
Mr. Fellows:
Please consider this letter our request For 32 water
and sewer connections For the above captioned project.
We understand fully that all water and sewer lines within
the project must be installed by us with a subsequent sewer
impact fee and water tap Fee assessment by the city on a
per lot basis.
Attached is a preliminary "land use layout" For this
project. Refinements are still in process.
Since y, ~!%:a_ ~-,
.°J~//~cy//O~~ //
Heywo A, owling, Jr. i/`
DOW G-MORROW, Inc. /
~,
DOVi'LINGMORROVi', INC.
General Conhactors Land Developers
149 Beach Avenue
A tle ntic Beach. Florida 3223?
Phone X904) 2461833
May 21, 1985
Mr. Richard Fellows, City Manager
City of Atlantic Beach
716 Ocean Boulevard
Atlantic Beach, Florida 32233
RE: 9EMINOLE BEACH PROJECT #1 ^escribed as: PARCEL "A",
9.29 ACRES BETWEEN SEMINOLE RO. ANO BEACH AVE. WEST
TO EAST ANO BETWEEN 18TH ANO 19TH STREETS 9011TH TO
NORTH and PARCEL "9", 2.44 ACRES(7 Lots) OCEANFRONT
EAST OF PARCEL "A•'
Mr. Fellows:
Please consider this letter our request for 65 sewer
connections for the above captioned project. Having
received city commission approval for 65 water connections
on May 13, we have already supplied you with our latest
"lot layout" worksheet.
Me understand fully that all water and sewer lines
within this project must be installed by us and a sewer
impact fee and water tap Fee will be assessed by the city
on a per lot basis.
9inc ly,
H a A. owling, Jr .
OOW G-MO ROM, Inc.
E
y,,..
' - BU:.GL7 ADJ USTY.LTiT
` 85-8 Da[c: 5-27-85
R/A NU?76ER•_--____ _
j FIND- GENERAL PUND
FUSE SEPARATE FORKS FOR EACH FUND
AMOUNTS iNST BE IN WHOLE DOLLARS
ACCOUNT ACCOUNT TITLE EXPENDITURE
ADD DEDUCE REVENUE
DEDUCT _ ADD
O1-512-1200 SALARIES 1,304
O1-512-2100 FICA 94
01-512-2200 PENSIONS 184
O1-517-1200 SALARIES 358
O1-517-2100 FICA 27
01-517-2200 PENSIONS 33
01-514-4900 OTHER CURRENT CHARGES 26,000
01-313-1002 FRANCHISE ELECTRIC 28,000
EXPLANATION: To increase budgetary authority in the accounts shown above for the
City Manager, CI[y Clerk, and the City Attorney. These budget increases will be
]~ funded by projected excess electric franth ise revenues.
f
INITIATED B7 R. C. Fellows DATE: 5/27/85
fA:MiSSION ACCION REQUIRED: Yes _ _ DATE AECEIVEO: _ __ ___
a
_ __
s
RESOLUTION N0. 85-13 '
A RESOLUTION TRANSFERRING CERTAIN D10NIES BETk'EEN FUNDS
WHEREAS, the City Charter of the City of Atlantic Beach requires
that the City Commission approve all budgetary increases and transfers
from one fund to another, and
WHEREAS, the nature of budgetary systems and those day to day
decisions affecting such budgetary systems require adjustment from time
to time.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Atlantic Beath, that the attached Budget Adjustment No. 85-6 be
approved for the 1984-85 Budget.
Passed by the City Commission on
Nilliam 5. Howell, Mayor
Presiding Officer
(SEAL)
ATTEST:
Adelarde R. Tucker, CMC
City Clerk
Approved as to Form
and Correctness:
Claude L. Mullis, City Attorney
ti
]wRDBI.w]fln4 • PAINTING • POWER x'wSHIRG
Bundrd 6 /ruured
Ridge Sandblasting & Painting Co., Inc.
('omPM• Wuo 1•M M4nRNMt
IN]YFCIION ]ERVICC • REPAIR
' Post Office Box 776 - Late Alfred. Florida I1850
Telephone (bl 11 95b2157
5- °I~FSS
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~~.~~~~~~ above is Proved on [his 9[h day
of Nav /{~ ~ ~//"
Hova rd acen, HORIE GREENE LANK INSPECTION
Y-
t
CITY OF
r~tla.rt~e S"eaels - ~lorula
May 15, 1985
The Honorable Forrest Boone
City Councilman District 3
City of Jacksonville
220 East Bay Street
10th Floor
Jacksonville, Florida 32202
Ae: Bus Shelters
r~eoctAHeouuvAan
r.o.eoaea
A'n.AHDC BEACR, ylpamA eua
riLEPHOH6190a ree-]Tle
Dear Forrest:
Thank you for your letter of April 25th relative to the possibility
of acquiring several bus shelters in Atlantic Beach.
Me have several areas where bus shelters could be placed and pro-
vide a real public service and they are located as follows:
(1) On Atlantic Blvd. and Royal Palms Drive
(2) In front of Publ ix on Atlantic Blvd.
(3) Seminole Road and Atlantic Blvd.
(I) Levy and Mayport Road
(5) Mayport Road and Plaza Blvd.
These are a few of the more than 20 bus stops located within the
City of Atlantic Beach and we appreciate any assistance you can pro-
vide out citizens in the way of shelters.
S' y y~o~u~r9.`
Richa ~nC. F llovs.
City Manager
RCF:lk
CERTIFIGTE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Narrative
Report, List of Exhibits, and Liat of Witnesses of Defendants
Eleazer and Green, has been served [his 20th day of May, 1985 by
first class United States mail upon [he following:
Luke G. Galant, Esquire i
320 East Adams Street
Jacksonville, Florida 32202 i
and
Kenneth Vickers, Esquire
k37 East Monroe Street ,
Jacksonville, Florida 32202
and
Mr. Timothy T. Cooper
B-046066
Post Office Box 1500-Mail Box 854
Cross City, FLorida 32628
i~~~ / v """~ t
Attorney
- 7 -
10. Detective D. L. Starling
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
11. Officer Robert McCoy
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
12. rir. Donald Champagne
Florida Department of Law Enforcement
Tallahassee, Florida 32301
13. Officer Rick C. Wood
Atlantic Beach Police Department
Atlantic Beach, Florida 32233
14. Officer Kenneth Roach
Jacksonville Beach Police Department
Jacksonville Beach, Florida 32250
15. Officer T. A. Diperna
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
DATED this 20th day of May, 1985.
Respectfully submitted,
Claude L. Mullis, Esquire
Post Office Box 41566
Jacksonville, Florida 32203
(904) 356-8073
City Attorney for
City of Atlantic Beach
CORBIN 6 DICKINSON
Post Office Box 41566
Jacksonville, Florida 32203
(904)356-8073
By ~C YC ~/
et er ee or to
Attorneys for Defendants
Eleazer and Green
- 6 -
17. Report of phychiatric consultants dated 3/26/80
and 7/1/81.
The above exhibits do not include exhibits which might be
introduced for purposes of rebuttal or impeachment, whose use
cannot be anticipated prior to trial.
LIST OF WITNESSES
Defendants Eleazer and Green may call as witnesses at the
trial of the above-captioned action [he following individuals:
1. Officer Charles A. Green
Atlantic Beach Police Department
Atlantic Beach, Florida 32233
2. Mr. William Scott Eleazer
501 Chippership Lane
Atlantic Beach, Florida 32233
3. Officer Robert S. Bass
Neptune Beach Police Department
Neptune Beach, Florida 32233
4. Officer David W. Durgin, III
Jacksonville Beach Police Department
Jacksonville Beach, Florida 32250
5. Mr. Timothy T. Cooper
B-046066, Post Office Box 1500-Mailbox 854,
Cross City, Florida 32628
6. Mr. Edward P. Murphy
Jacksonville Fire Department
Jacksonville, Florida
7. Mr. John F. McGovern, Jr.
Jacksonville Beach Fire Department i
Jacksonville Beach, Florida 32250
8. Sergeant James T. Rhodes
Neptune Beach Police Department
Neptune Beach, Florida 32233
9. Officer Wayne Chattaway
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
- 5 -
LIST OF EXHIBITS
Defendants Eleazer and Green may introduce into evidence at
the trial of the above-captioned action the following exhibits: i
1. Plaintiff's answers to Defendants Eleazer and ~
Creen's first set of interrogatories dated March 13, 1985; ~
2. Criminal trial transcript of proceedings before the
Honorable Lawrence D. Fay, Cizcuit Judge, on June 4, 1980 and j
July 16, 1980; Ii
3. Criminal trial transcript of proceedings before the
Honorable Lawrence U. Fay, Circuit Judge, July 16 and 17, 1981;
4. Criminal trial transcript of proceedings before the
Honorable L. Page Haddock, Circuit Judge, on Janvary 24, 1983 and ~
I
February 8 and 9, 1983.
5. Deposition of James T. Rhodes;
6. Deposition of Charles A. Green;
7. Deposition of Kenneth Roach;
8. Deposition of Richard A. Bramli[t;
9. Deposition of B. W. Chattaway;
10. Deposition of Robert E. McCoy;
11. Deposition of William Scott Eleazez;
12. Deposition of Robert S. Bass;
j
.'
13. Deposition of Leroy Starling;
14. Various police reports, with statements, of [he '
shooting incident on October 26, 1979.
15. Various photographs taken at the scene of the
I
shooting incident. ~
1
16. Conviction record of Plaintiff. i
- 4 - i
At this point, Eleazer was sent to assist Officer Bass.
When he arrived, Eleazer walked to the rear and around to the
passenger side of [he vehicle, and Base walked around [o the ~
I
driver's side. Cooper, the Plaintiff, was observed sitting in
the driver's seat in a reclining position under a blanket.
Officer Bass asked him to produce the car's registration, since i
it had been reported as stolen. At this point, Cooper exited the ~
l
vehicle and proceeded toward the rear of it. He then suddenly i
said "hold it" or "don't move" in a loud, demanding voice. He ~~
i
drew a gun from his waist band and shot Officer Eleazer in the
lover abdomen and groin as Eleazer attempted to pull his
revolver. A number of shots were then fired in rapid succession, ~
between Cooper, Officer Bass and Officer Eleazer, resulting in
Cooper also being shot.
Shortly thereafter, the Defendant Charles A. Green, also an -,
Officer on the Atlantic Beach Police Force, heard Sass request
[hat a rescue unit be sent to [he scene as soon as possible.
Bass advised Green over the radio that Eleazer had been shot.
Green arrived at the scene and saw Eleazer laying on the ground '
near the rear of the car. While calking co Eleazer, Green saw
Cooper twisting and turning on the ground, and thought that he
might be going for his gun. He then went to Green with his gun
drawn and put the gun on him. When he saw that Cooper no longer
i
had his gun, he returned to Eleazer, antl comforted him until the
rescue unit arrived.
- 3 -
~...._._
arm, said convictions arising out of the incident set forth
herein In short, this case is a situation where the Plaintiff
is alleging that the police officers he was convicted of
ahem ping to murder somehow violated the Plaintiff's civil
rights while the officers were in the good faith performance of
their duties. It should be noted that Defendants Eleazer and
Green currently have pending before [he court a motion for
summary judgment and a motion for judgment on the pleadings
which, if granted, would dispose of this action as to these
Defendants.
The following is a brief summary of [he facts in this case
from the perspective of Defendants Eleazer and Green: The
incident in question took place in the early morning of October
26, 1979 between 5:00 a.m. and 5:30 a.m. in Neptune Beach,
Florida. A[ this time, the Defendant Nilliam Scott Eleazer, an
Officer with the Atlantic Beach Police Department, was [raveling
in his police vehicle on Ocean Boulevard in Atlantic Beach.
Officer Eleazer then heard the Defendant Robert S. Bass, an
Officer with the Neptune Beach Police Department, on the radio
cF.ecking [he registration on a certain vehicle. Eleazer heard
the conversation since Atlantic Beach and Neptune Beach shared a
common dispatch. The dispatcher then reported Dack to Officer
Bass that the vehicle had been reported as stolen. Bass reported
the location of [he vehicle as being on the ocean between Davis
and Laura streets in Neptune Beach.
2 _
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TIMOTHY T. COOPER, )
Plaintiff, )
v. )
WILLIAM SCOTT ELEAZER, )
CHARLES A GREEN, DAVID )
W. DURCIN, III, )
ROBERT SAMUEL BASS, )
Defendants. )
Case No. 83-1020-CIV-J-16
NARRATIVE REPORT, LIST OF EXHIBITS, AND
LIST OF WITNESSES OF DEFENDANTS ELEAZER AND GREEN
COME NOW the Defendants William Scott Eleazer and Charles
A. Green, by and through their undersigned attorneys, pursuant to
this Court's Orders of August 22, 1984 and January 30, 1985 in
the above-captioned action, and hereby file this their narrative
statement, list of exhibits, and liar of witnesses as follows:
NARRATIVE STATEMENT OF THE FACTS
This action has been filed by the Plaintiff, Timothy T.
Cooper (hereinafter "Cooper"), fro se, against the above-named
police officers, pursuant to the Civil Rights AcG of 1871, 42
U.S.C. 71983. The Plaintiff has been convicted three times for
attempted murder and for unlawfully carrying and using a fire
DDesD wDDe co.nw
Mww I. p,Df 1.IpM
C YOB L I.. Df .Dew
CORBIN a[ DICKINSON
ADD. ~"D At 4r
li• 4~~ i-.ttt
.ew. O.~c[ b..,...
JACK{ONVI~.LC i'LONIpA eeeOl
May 20, 1985
HAND DELIVERY
The Honorable Donald M. Cinnamond
Clerk
United States District Court
for the Middle District of Florida
311 West Monroe Street
Jacksonville, Florida 32201
CI~VD[ L MV4s
Y Csu~DD.
Re: Timothy i. Cooper v. Williart~
Scott Eleazer, Charles A. Green,
David W. Durgin, III,
Robert Sam ual Bass
Case No. 83-1020-CIV-J-16 "
Dear Mr. Cinnamond:
We are enclosing for filing in the above-styled action the"
original and one copy of Narrative Report, List of Exhibits, and
List of Witnesses of Defendants Eleazer and Green. We would be
most appreciative if you would stamp the extra of this pleading
"filed" and return to our office.
With appreciation for your assistance in this matter, we are,
Sincerely yours,
CORBIN 6 DICKINSON
peter Reed Corbin
~.~.
PRC/dp
Enclosur
bc: onorable Richard Fellows w/enclosure
NEW 0JI15TRULTIQ~
WEST OF M4YPORT R0.4D
PREDGML'YiNILY SECTION N
1984
631-633 Main Street Duplex
891-895 Main Street Duplex
831-835 Main Street D~lex
795-799 Main Street Duplex
851-855 Main Street Duplex
1335-1339 Violet Street D~lex
1305-1309 Violet Street Duplex
1395-1399 Violet Street Duplex
1365-1369 Violet Street Duplex
1386-1386 Rase Street Duplex
1222 Jasndne Street Single Fa~dly
80 West Fourth Street Single Fanaly
1226 Hibisns Street Single F~dly
418 West Ninth Street Single Family
1285 Caaelia Street Single Fanaly
91 West Eleventh Street 63 unit Apartr:~t Ca~:p;ex
205 Edgar Street Warehouse
112 Stewart Street Warehouse
~IVTAL
88 New Living lktits
2 New Industrial
As of May 1985
995-999 Carrelia Street Duplex
975-979 Camelia Street D~lex
886-588 Stock Street D~lex
1395-1399 Rase Street Duplex
1305-1309 Rase Street Duplex
1335-1339 Rose Street ~P1~
1365-1369 Rose Street Duplex
995-999 Main Street Duplex
985-989 Main Street Duplex
1280 11ffip Street Single F~dly
1250 TLlip Street Single Farmly
720 West Ninth Street Single Faadly
500 Orchid Street Single Faadly
1575 Main Street, ¢1,2,3,4,5 Warehouse
20 New Living (hits
1 New Indtsstrial
2
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UO~F'LINC-:HOI{ItOW, INC.
General Conhecton Lend Devdofert
1~9 Beech Avenue
A1lenlic Beech. F!oride 3223)
Phone ~901)1~6~ 1833
May 22t '1985
Mr. Richard Fellowsr City Manager
City of Atlantic Beaeh
716 Ocean Boulevard
Atlantic Beachr Florida 32233
RE: SEMINOLE BEACH PROJECT #2 Described as: PARCEL "C"~
7.85 ACRES BETWEEN SEMINOLE RD. AND BEACH AVE. WEST
TO EAST BOUND TO THE NORTH BY 20TH ST. and PARCEL"D"~ ~
'1.74 ACRES NORTH OF 20TH ST. BOUND TO THE NEST BY
SEMINOLE RD.
Mr. Fellows:
Please consider this letter our request for 32 water
and sewer connections for the above captioned project.
We understand fully that all water and sewer lines within
the project must 6e installed by us with a subsequent sewer
impact fee end water tap fee assessment by the city an e
per lot basis.
Attached is o preliminary ''land use layout" for this
project. Refinements are still in process.
Since y, ~!%/~..,
'f//'//'wW a/,/J/i/~
Heywo A. awlingr Jr. [/
OON G-MORRONr Ina. //
UO\\'LING310HI{O\\', INC.
General Contrac}on Lend Developer
149 Beach Avenue
Atlenfic Beech, Florida 32133
Phone ~904~ 246-1833
May 27, 1985
Mr. Richard Fellows, City Manager
City of Atlantic Beach
716 Ocean Boulevard
Atlantic Beach, Florida 32233
RE: SEMINOLE BEACH PROJECT 7t'I Described as: PARCEL •'A",
9.29 ACRES BETWEEN SEMINOLE RO. ANO BEACH AVE. WEST
TO EAST AND BETWEEN 18TH ANO '19TH STREETS SOUTH TO
NORTH and PARCEL "B", 2.44 ACRES(7 Lats) OCEANFRONT
EAST OF PARCEL "A'•
Mr. Fellows:
Please consider this letter our request Far 65 sewer
connections Far the above captioned project. Having
received city commission approval For 65 water connections
on May 13, we have already supplied you with our latest
"lot laycut•' worksheet.
Me understand Fully that all water and sewer lines
within this project must be installed by us and a sewer
impact Fee and water tap Fee will be assessed by the city
on a per lot basis.
9inc ly,
M o A. owling, Jr
OOW G-MO ROM, Inc.
t
~.-~=>-
a-2z-as
Honorable bJilliara S.Ho~..~eil
mayor
Citw o£ Rtla:ntic Beach
F. G. Bor. [~, Rtiantic Eeach.Fl.822_s.
Dear Mayor Ho~.~ell
This letter is to'su.bmit my rosi•sna.tivrr as trle Rtla.nti~_ Eeach
re4resentati•de on the Eea.ches CRT': Briard effecti•re this date.
The o.!rrent Board ~,ras e£fecti••ie in bri~n3in? order out o£ chaos duri~n3
ija4 but as v£ this time has very little real authority. Recently the
board asked for authority to grant va.ria.r~ces to the u.nder5rou~nd feed
Provision of the fr~a.nchise i~n some cases that !could meet very strict
conditions includin5 already being fed thrr„_!j{-, the air by other
utilities. The City of Rtla:n+.ic Bear_h Promptly 5ra.nted the requested
a~!thority. The City of Jacksonville Beach, or, the ad•aice of its
Rttvrney, has declined to 5r-a.nt the boards request.
I cannot continue to ser°re on a F•o~yerless Eoa.rd w{•~ose only function
is to serve as buffer between the F•u.blic a.r~~9 those indi•riduals w{-iv
retain the authority and the decision making F•rvicess fbr thercrel•/es. I
believe the P!lbiic ha.s a right to kr~vw who is makini decisions.
Shouid the occasion arise a9a.in in the Future that I can be o£ any
ser•rice to the City of Rtle:ntic Beach Please do not hesitate-to call on
me.
Sincerely
`~
G. E. Martin
PACE 1 of 1
'USE BY EXCEPTION' APPLICATION .
DATE FILED: April 29. 1985
NAME 6 ADDRESS ~OF OWNER OR TENANT IN POSSESSION OF PREMISES:
~~ Floyd PHONE
533-L8 Atlantic Boulevard
Atlantic Beach. Florida 32'233
WORK: Not Installed
HOME: 249-7791 _
STREET ADDRESS AND LEGAL DESCRIPTION OF THE PREMISES AS TO WHICH THE
USE BY EXCEPTION IS REQUESTED: __ -
533-LS Atlantic Boulevard
art antic Pales Plana
ANDEPARTIC IULARLY DESCRIBEBTHEXTYPEIOCHARACTER ANDIEXTENTLOFSTHEIFICALLY
PROPOSED USE BY EXCEPTIONe -
Contractor. no outside storage Stric v ~_9ffice-'~^ r3?' telePM!'°- r
schedule appointrmts for pressure washing and s(rell bare repairs.
SPECIFIC REASONS WHY THE APPLICANT FEELS THE REQUEST SHOULD BE GRANTED:
This would be used as a
license in order to observe the law.
PRESENT ZONING: Camercial General
~l NAT F APPLICANT OR APPLICANT S
AUTHORIZED AGENT OR ATTORNEY. IF AGENT
OR ATTORNEY, INCLUDE LETTER OF OWNER OR
TENANT TO THAT EFFECT.
1
ADVISORY PIl_WNING BOARD'S REPORT AI7D RECD}4tiENDA'PIONS:
Tne Advisor~Planning Pnard ia~iimoivsly_rec_orrtended apprvyal of the ____
_ application for Use by Exception. - ~,
- -,
DA"fE REV1 EldED:_ "~Y 21, 1985 _ ___
Section 2. This Ordinance shall take effect immediately upon its
adoption.
f • • • • f f • f f f • • • • t • • • t • • f e t • • • • t
Passed by the City Commission on first reading -
Passed by the City Commission on second and final reading
William S. Howell, Mayor, Presiding Officer
Approved as to form
and correctness:
i
t
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. Tucker, CMC, City Clerk
ORDINANCE N0. 90-35-92
AN ORDINANCE MfENDING 7'HE ORDINANCE CODE OF THE CITY -
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24,
ARTICLE III, DIVISION 7, SECTION 24-161, SUBPARAGRAPH
(e)(1) TO PROVIDE OFF-STREET PARKING FOR A DWELLING
MAY INCLUDE THE REQUIRED FRONT YARD; PROVIDING AN
EFFECTIVE DATE. j
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC '
BEACH, FLORIDA, as follows:
Section 1. Chapter 24, Article III, Division 7, Section 24-161,
Subparagraph (e)(I), is hereby amended to read as follows:
CHAPTER 24 i
ARTICLE III - ZONING REGULATIONS
DIVISION 7 - Supplementary Regulations
Section 24-161, Off-Street Parking and Loading.
(e) Location:
e~
(1) Parking spaces for dwellings shall be located on
the same property with main building to be
served, where feasible. Such i+€€-street--gavel `
parJci-n4-sPacsa shal-l--no4 occi+P1`~7`-Pert o€-tfie '
req~rised-€xw~t~card fi-~r-€wrtf o€-Hte-bei}hi~ng ;
setbac-k -Line) . i
(2) Parking spaces for other uses shall be provided
on the Same lot or not more than four hundred
(400) feet away.
:nr.-.
t-
!`
~`
Section 2. This ordinance shall become effective upon its
adoption.
Passed by the City Commission on first
Passed by the City Commission on second and final
Nilliam 5. Howell, Mayor, Presiding Officer
Approved as to form
and correctness:
Claude L. Mullis, City Attorney
(SEAL)
ATTEST:
Adelaide R. 'ticker, CMC, City Clerk
ORDINANCE N0. 90-BS-91
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLAMIC BEACH, FLORIDA; AMENDING CHAPTER 24,
ARTICLE II, SECTION 24-17 TO REDEFINE CORNER LOT AND
LOT COVERAGE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THi CITY COhT1I SSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, as follows:
Section 1. Chapter 24, Article II, Section 24-17 is hereby
amended to redefine Corner Lot and Lot Coverage as follows:
CHAPTER 24
ARTICLE II - LANGUAGE AND DEFINITIONS
Section 24-17 Definitions.
Lot, Corner shall mean a lot abutting upon two (2) or more
streets or at a street intersection or at a street corner
having an interior angle not greater than one hundred thirty
five (135) degrees. The exterior lot line of the narrowest
side of the lot abutting the street shall be considered the
front yard. The exterior lot line of the longest side of
the lot abutting the street shall be considered a side yard
and shall have a minimum setback of fifteen (I S) feet. The
oppos tr sidr yard-sham-have-a-miximmo- seibaek-of-seven
and-ene-half-(J1~_£eat. The opposite side yard shall -
conform to the minimum side yard requirement o the
district in which it is located. The rear yard shall have
a minimum setback of twenty (20) feet.
~t Coverage shall mean the area of the lot covered by the
ground floor of all principal and act essory uses and
structures, including all areas covered by the roof of
t such uses and st tvctures, measured along the exterior
faces of the walls, along the foundation wall line,
between the exterior faces of supporting columns, from the
center line of walls separating two [2) buildings, or as
a combination of the foregoing, whichever produces the
greatest total ground coverage for such uses and structures.
4.ot-Coverage- slw-l~l-also- anclade-all-impera~J~s surfacrs
+ such-as- dr{vasr Parlu+~g_ areas>-++alkua'Ys,- ~•~: ~•^: •;s ~°°ls,_
poi-ios ;-terraces,-and-slue-like.
Tory
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Page ~ of 9 CHANGE IN 20NING CLASSlt'ICATION REQUEST
PAYlfENT OF THE OFFICIAL FILING FEE AS SET BY THE CITY COtR-0ISSION:
- /- B.S S 25o O°
Date Paid
THE SIGNATURE OF EACH AND~EVERY OWIiER OF THE LANDS:
)s'-OQ~La~
C ~ Qf~ ~a2_f~~~~\I I .G-~
~i.~~ , .o-o PFiz
ADVISORY PLANNING BOARD'S REPORT AND RECOMMENDATIONS:
DATE REVIEWED:
PUBLIC HEARING DATE
CIIANGE IN ZONING CLASSIFICATION REQUEST
Paye 1 Of 9 ------- --- -- -
Date Filed: / oV'G~i 29 ~ (~BS-
NAMES AND ADDRESSES OF ALL OWNERS OF THE SUBJECT PROPERTY:
A NARCOU?T l3Uc.c ~
W/LLafA7 A Britt .~,/AMEE 6U[L
32~ Arr.A rric f3~/o Annvr~c f3cj~ )zYa3
Phone: 2¢/-C^ 32 Home
~~ ~/Z/ Work
Phone: Home
work
THE LEGAL DESCRIPTION, INCLUDING THE LOT AND BLOCK NUMBERS, OF THE PROPERTY
TO BE REZONED:
5~,4TTACNED OESG~/PT/Oti/S ~ PA'~ELS /. ~ -3 >'`Q -
PRESENT 20NING OF PROPERTY FOR WHICH CHANGE OF ZONING CLASSIFICATION IS
REQUESTED:- O R. - ~ ,
PROPOSED ZONING CLASSIFICATION:
A STATEMENT OF THE PETITIONER'S INTEREST IN THE PROPERTY TO BE REZONED,
INCLUDING A COPY OF THE LAST RECORDED wAR.RANTY DEED; AND: If joint and
several ownership, a written consent, to the rezoning petition, by all
owners of record; or if a contract ourchase, a copy of the purchase
contract and written consent of the seller/owner; or if an authorized
agent, a copy of the agency agreement or written consent of the prin-
cipal owner; or if a corporation or other business entity, the name of
the officer or person responsible for the application and written
proof that said representative has the delegated authority to represent
the corporation or other business entity, or in lieu thereof, written
proof that the person is, in fact, an officer of the corporation; or
if a group of continguous property owners, the owners of at least fifty
(50) percent of the property described in the petition must provide
written consent.
W/G.G/AM A..~(,~(S.~f
---- - J
~,. ~. _
,. .,r 7.
LEGAL DESCRIPTION
FORT L. MCDONALD
REZONING
PARCEL 3
A PRAT OF SECTION 8, 'TOW NSHIP 2.SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSs
FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OP~
FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A OP
THE CURRENT PUBLIC RECORDS OP SAID COUNTY; THENCE NORTH 01'42'10'
WEST•ALONG THE EASTERLY RIGHT-OF-WAY LINE OP~MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OP 50.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01'42'10' WEST
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 783.55 FEET: THENCB
NORTH 88'17'30' EAST, A DISTANCE OF 500 FEET BORE OR LESS TO THB
WESTERLY BANK OF A CREEK: THENCE SOUTHEASTERLY ALONG THE BANK OP
SAID CREEK A DISTANCE OF 520 FF,ET MORE OR LESS TO THE NORTH LINE
OF THE LANDS DESCRIBED IN OFPICIAL RECORDS VOLUME 4163 PAGE 1112
OF-THE CURRENT PUBLIC RECORDS OP SAID COUNTY; THENCE SOUTH
88'36'45' WEST ALONG SAID NORTH LINE A DISTANCE OF 34$ FEET MORE
OR LE55 TO THE NORTHWEST CORNER OP SAID OFFICIAL RECORDS VOLUME
4163 PAGE 1112; THENCE SOUTH 01'23'15' HEST A DISTANCE OP 250.000
FEET ALONG THE WEST LINE OF SAID LANDS; TNENCE SOUTH 88'36'45'
WEST ALONG THE NORTH LINE OP THE LANDS DESCRIBED ZN OFFICIAL
RECORDS VOLUME 4163 PAGE 1108. A DISTANCE OP 300.00 PEET TO THE
POINT O! BEGINNING.
SP/q
LEGAL DESCRIPTION
FORt COMMERCIAL GENERAL PROPERTIES
REZONING
PARCEL 1
A PART OF SECTIONS 5 ~ 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW St
FOR ~A POINT OF REFERENCE COMl1ENCE AT THE NORTHWEST CORNER OP
FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A OP
THE CURRENT PUBLIC RECORDS OF SAID COUNTY: THENCE NORTH 01'42'10'
WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OP 1367.31 FEET
TO THE POINT OF CURVATURE OP A CURVE CONCAVE TO THE EAS? AND
HAVING A RADIUS OF 5579.58 FEET: THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE AN DSAID RIGHT-OF-WAY LINE. A DISTANCE OP 216.27
FEET, MAXING A CENTRAL ANGLE OF 2'10'54', HAVING A CHORD BEARING
OF NORTH 00'36'43" WEST AND A CHORD DISTANCE OF 21b..26 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE ARC
OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OP 730 FEES
HO RE OR LESS TO THE NORTHERLY LINE OF SAID SECTION S: THENCE
SOUTH 83'00'00" EAST ALONG SAID NORTHERLY LINE OF SECTION 5; A
DISTANCE OF 300.40 FEET TO AN INTERSECTION WITH A LINE 300 FEE?
EASTERLY OF AND PARALLEL WITH AFORESAID EASTERLY RIGHT-OF-WAY
LINE OP MAYPORT ROAD; THENCE SOUTHERLY ALONG SAID LINE A DISTANCE
OP 700 FEET TO AN INTERSECTION WITH A LINE BEARING NORTH
88'17'50' EAST FROM THE POINT OP BEGINNING) THENCE SOUTH
88'17'50' WEST A DISTANCE OP 300.00 FEE? TO THE POIN? OP
BEGINNING.
Section 2. This ordinance shall become effective immediately
upon its adoption.
• f f f t f• f•• f t 1 t•••~••• t 1 t f f 1 f 1 f f
Passed by the City Commission on first reading-
Passed by the City Commission on second and final
William S. Howell, Mayor, Presiding Officer
Approved as to Form
and Correctness:
Claude L. Mullis, City Attorney
(SEAL)
A17EST:
Adelaide R. ticker, CMC
City Clerk
ORDINANCE N0. 90-85-90
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING THE LAND DEVELOP-
1fENT CODE AND 7HE OFFICIAL ZONING MAP OF THE CITY OF
ATLANTIC BEACH, FLORIDA, 70 REZONE LAND DESCRIBED
HEREIN AS PARCEL 1 AND PARCEL 3 FROM OPEN RURAL TO
COTMERCTAL GENERAL (CG) FRONTING ON MAYPORT ROAD;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Advisory Planning Board has considered a request to
change a zoning classification subaitted by A. Ilarcourt Bull III, -
William A. Bull and Jane E. Bull of 321 Atlantic Boulevard, Atlantic
Beach, Florida 32233, and conducted a public hearing on same on May 21,
1985, and
WHEREAS, the Advisory Planning Board did recommend to the City
Commission on May 27, 1985, that the property described on the attached
exhibit described as Parcel 1 and Parcel 3 and incorporated herein be
rezoned from Open Rural (ORj to Commercial General (CG), and
WHEREAS, the City Commission does exercise its powers to consider
reto®endations to amend the Lard Development Code, including the
Official District Map, in order to encourage the appropriate use of
land, and
WHEREAS, the rezoning is consistent with the Comprehensive Plan,
NOM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEAaI, FIARIDA, as follows:
Section 1. The Official Zoning Map of the City of Atlantic
Beach is hereby changed to reflect the new zoning of Parcel 1 and Parcel
3 herein described and attached hereto from Open Rural (OR) to
Commercial General (CG).
7
D. Request from Dowling-Morrow, Inc. for a sewer reservation of
18,000 gallons per day for 65 units in Seminole Beach pro-
ject 1 lying east of Seminole Road between 18th and 19th
streets.
E. Action by the Commission on a request by Dowling-Morrow, Inc.
for water and sewer service for 32 units on a 2 acre parcel
lying between Seminole Road and Beach Avem'e and bounded on
the north by 20th Street. This request would requite a sewer
reservation of approximately 8,800 gallons per day.
F. Action by the City Commission to authorize the Mayor and Clerk
to execute the State Loan Agreement on 1.5 million dollars
worth of State Water Pollution Control Beds.
G. Receipt of a report and recommendation relative to 6 firms
interested in performing the audit for the City of Atlantic
Beach for the fiscal year ending September 30, 7985 and dis-
cussion by the Council on the procedures to be followed in -
setting up oral interviews and selection of the top 3 firms.
N. Consideration by the City Commission on a reco~meendation for
engineering studies in section M to develop cost estimates for
providing public improvements and the development of a financ-
ing plan.
I. Discussion by the City Council on the desirability of author-
izing the City Manager to seek proposals from an outside firm
to develop a new job classification and pay plan with job
descriptions.
J. Further d'_scussion of a request from David Cole for the exten-
sion of water service to property located at 7Wlip Street and
Levy Road.
S. Action on Resolutions:
A. Adoption of Resolution by the City Commission to authorize a
budget adjustment to recognize additional revenues and author-
ize additional appropriations for expenditures.
(Resolution No. 85-13)
6. Miscellaneous Business.
ADJOURN
i___
AGENDA
CITY OF ATLANTIC BEACH
Ffay 27, 1985
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of the regular meeting of May 13, 1985.
2. Recognition of Visitors.
3. Advisory Planning Board - Meeting of May 21, 1985.
A. Introduction and first reading of an Ordinance rezoning
property on Mayport Road north of the City's number 2 Water
Plant from Open Rural (to Commercial General) as requested by
Bull Brothers, Ltd. and setting a public hearing for June 10,
1985. (Qrd finance No. 90-85-90)
B. Introduction of an Ordinance amending the zoning ordinances of
the City of Atlantic Beach to provide a new definition for
corner lot and lot coverage and setting a public hearing for
June 30, 1985. (Ordinance No. 90-85-91)
C. Introduction of an 6rdinacce amending the zoning ordinance of
the City of Atlantic Beach to provide that parking spaces in
front of dwellings may occupy part of the required front yard.
(Ordinance No. 90-85-92)
D. Action by Council to approve a use by exception for the prop-
erty at 533-L8 Atlantic 81vd. authorizing a contractors'
office with no outside storage in a comuezcial general area.
4. New Business:
A. Action by the Council on a request from Mr. G. E. Martin
asking the Council to accept his resignation as the Atlantic
Beach representative on the Beaches CAN Board.
B. Action by the City Council on a request for sewer reservation
of 2,000 gallons per day for the new Nardees Restaurant on
Mayport Road at Levy.
L. Action by the City Council or. a request from Grenville, Meuse
g Reyhani for sewer reservation fora 55 unit development off
11th Street in the amount of 16,000 gallons per day.
Page 2
MO'D to Mayor & City Cmorissim
~: Expiratim dates of Board ifmibexs
May 24, 1985
BOARD OF AAIiSR~7f
I.7~p No. of Years Term to Eire
L. B. Mac Dmell, Chairman 3 11/22/87
Saauel T. Howie 3 11/22/87
Fzank J. Tassme 3 11/22/87
Dorothy Kerber 3 11/22/87
Fuse Blanchard 3 11/22/87
FDiP101~FS i~'PIRII4Nf SYSTII9 BOARD
Timthy H. Townsend 4 02/08/86
H. E. Hall 4 02/08/86
W. I. Gulliford, Jr., chairman 4 02/08/88
Jdm W. Morris, Jr. ~ 4 02/OR/88
CITY OF
1'11laKt*e b'eaek - ~loaida
]I60CEAN BOULEPAID
P. O. BO%R6
ATLANTIC BEACN, FLORmAJYR9J
TELEPHONE 19011 S1i1W6
Pf2•D
10: Mayor William S. Howell and TM City Co~ssion
FROM: Richard C. Fellows, City PIaz]ager
RE: ~iration dates for Board Member's
AU/iSORY P[MATING BD41~
Name No. of Years Tenn to E]~ire
W. Gregg McCaulie, Chairmazl 4 12/31j88
Ron Gray 4 12/21/86
Ruth Gregg 4 12/31/87
Guy M. Jenniulgs 4 23/31/85
John W. Morris, Jr. 1 12/31/85
ODIE E[gOPCEMr?If BOARD
George Bull, Jr., c7,a;mrn, 3 10/01/87
Alan Potter 3 10/01/87
Jerome R. Stray~e 2 10/01/86
Allen R. Salfer 2 10/01/86
Fred Mills 1 10/01/85
Willie Davis 1 10/01/85
Marjorie Dulson 2 10/01/86
Nay 24, 1985
~Ala«tie ~iae(c
May 24, 1985
MEMO
L180CEAN BOULEVARD
e. o. eox m
ATLANTIC BEACN, FLORD)A Y1Rm
TELEPXONE Ia~MI Y~4Ya%
T0: Mayor William S. Howell and The City Commission
FROM: Richard C. Fellows, City Manager
RE: Addendum to Status Report
1. Commissioner Cook had asked that we prepare a list setting forth
the name and terms of office of all members of all of the Boards of the
City. This has been completed and is attached hereto.
2. When salaries were considered by the City Commission prior to the
beginning of this fiscal year, it was decided to review the salary of
the City Clerk and the City Manager positions later on in the fiscal
year. The City Clerk did not receive the cost of living adjustment that
all other City employees received and the budget adjustment reflects a
5.54 increase for her. The adjustment to the City Manager's salary is
in accord with previous discussions and understandings relative to the
fact an increase would be made in the amount of X300.00 after 3 months
of service. It has now been 4 months of service and I had neglected to
take this up.
3. The other matter has to do with our legal expenses. We have com-
leted analyzing the legal expenses we have incurred this year and find
that litigation in which the City is involved has cost well over
j12, 000 for this fiscal year so far. In addition to that, we have
already expended in excess of jI,B00 on the Jacksonville Electric
Authority Occupational License litigation. It should also be pointed
oui, the legal fees of Lorbin E Dickinson, our labor attorney, also come
out of this line item. After discussing this with the Finance Director,
we feel an additional S26,G00 should be put into the budget to take care
of our legal expenditures for the rest of this fiscal year. These
additional expenditures are set by j28,000 in additional franchise fees
which were not budgeted and which we will receive by the end of the
fiscal year.
~, .
o In accordance with the instructions of the City Commission, we have
mailed out an invitation to bid and specifications for the operation and
maintenance of the Buccaneer district system. Invitations to bid snd
specifications were mailed to five firms. The are Jax Utilities,
Southern Underground Utilities, Mandarin Utilities, the Public Service
Group in St. Augustine, and Russell and Axson Engineers of Daytona
Beach. Bids are to be received at the Commission's regular meeting
Monday, June 10, 1985.
o In accordance with the instructions of the City Commission to
employ the services of an engineer not previously connected with the
Buccaneer project for purposes of evaluation and report on the
facilities to be received via the purchase agreement and ordinance, re
have contacted Smith 6 Gillespie and discussed the matter at length with
them and will keep you advised.
o Now that the mora nor ium has been lifted, the new Hardee's
Restaurant on Mayport Road at Levy plans to proceed as soon as possible
to construct their building and has asked for a sewer reservation for 90
days of 2,000 gallons per day. If the Commission agrees, it will be in
order to grant this request as they have been on priority since their
rezoning was approved a couple of months agol
o The repainting and refurbishing of our water tank is proceeding.
7'he contractor has completed almost all repairs and has applied a prime
coat and partial intermediate coat of high yield epoxy. We are
aniitipating the water tank will be back on line by the middle of nett
reek.
o I wi71 be meeting with the employees of Buccaneer on Friday
afternoon at 4:30 to discuss the City's policies and benefits.
RCF:jl
r.-,
o Several bills are pending in the Legislature having to do rith
policemen and firefighters. Repesentat ive Kutun has introduced a bill
regarding heart disease and police officers which would require
compensation payment in addition to disability retirement in all cases
regardless of whether or not the facts supported the contention that the
heart disease was job-related. Similarly, Representative Hazouri has
introduced a bill regarding firefighter disfigurement which includes
additional compensation for firefighters over and above the workers'
compensation law which the Florida League feels discriminates against
all non-fire employees. Additionally, Representative Pacj is has
introduced a bill called the Firefighters' Bill of Rights which outlines
procedures and rights of firefighters under interrogation regarding
disciplinary action, suspension or dismissal. The League suggested that
all of the bills be opposed and the City Commission may rish to take
such a stand by resolution or they may wish to do nothing. We bring it
[o your attention for your information.
o Alto Greene, who is doing the repair and repainting of our water
tower, has asked for a two-week extension an his contract. He has had
some bad weather and some material problems, but I suggest to the City
Commission to wait until the contract has been concluded and then
examine his request for an extension of time.
o Enclosed is a letter from G. E. Martin submitting his resignation
as the Atlantic Beach representative on the Beaches CATV Board. This
will be an agenda item Monday night.
o We are in the process of preparing to gear up for budget
considerations for the next year. We will shortly be discussing rith
the Commission requests for departmental capital improvements for the
coming year, and following a discussion and general agreement on these
items a fairly firm tentative budget can be developed. We will be
keeping you advised.
o We have found the existing job classification and pay plan with its
two steps to be somewhat inadequate for effective employee inc entire.
Ne are in the process of redesigning the pay plan itself to provide ten
steps with approximately 25 pay grades which will enable us to be much
more flexible in attracting and keeping good employees. The ner pay
plan may be drawn without too much chance of non-objectivity. Hortver,
the classification of employees and job descriptions is another tatter.
We would like to ask the City Commission to allow us to Seek proposals
to bring our job descriptions and classification system up to date. The
present job descriptions being used are from an old Frank Bros $
Company book that looks like it was developed 15 to 20 years ago. Ke
shall await your pleasure.
o The Adviscry Planning Board acted on a number of items at their
meeting of May 21. Commissioner John Morris will report on the meeting
Monday night. In that regard, we have prepared the documents in
connection with the actions of the Board and these are being included
with your status report and agenda for your study and Consideration.
~-
to make sure the serer capacity is promptly utilized
o Development is continuing in Section H. Ne are beginning to
receive a number of calls from residents where houses have been built
making inquiry as to the when the City intends io make improvements
particularly in the area of street paving. It is my suggestion the City
allow us to develop a request for proposals, proceeding under the
Consultants Competitive Negotiation Act for purposes of selecting a
consulting engineer to develop cost estimates for providing water,
sewer, and street improvements in Section N, preferably by a special
assessment.
o ] am enclosing along with your copy of the minutes of the past
meeting a copy of a recent filing with the U. 5. District Court in the
Elea zer case.
o As you have previously been advised, the City's bonds were sold by
the State of Florida on May 14 at an interest rate of 8.09741. Delivery
of the bonds is expected to take place on May 29 following which the
funds will be available on a draw-down basis for the City providing the
loan agreement has been executed at that time. In that regard, a copy ,
of the proposed Loan Agreement is included for your study and re will be
asking the City Commission to authorize the Mayor and Clerk to execute
the agreement.
o The proposals from auditors interested in doing the City audit have
been reviewed and evaluated. It is recommended the following six firms,
not necessarily in order of preference, be selected for oral interviews:
Cooper 6 Lybrand
Deloitte, Haskins B Sells
Tyson, Swindell 6 Durden
Garrard B Carter
Touche Ross
Peat, Marwick 6 Mitchell
If agreeable, the City Commission may wish to set a special meeting
on Monday, June 3, and give each of the auditors a maximum of ten
minutes to make an oral presentation relative to their qualifications
and the personalities of the principals to be involved. Following the
oral pesentations, the City Co®ission shall select the three firms
deemed most appropriate to perform the City audit, and rank these three
fin:5 in order of priority 1, 2 and S, at which time a price may be
negotiated with the firm ranked No. 1.
o An inquiry was made fzom Councilman Forrest Boone as to where we
might wish to have shelters placed at bus stops if such became available
through a federal grant. Ne responded with five areas where we felt a
bus shelter could be very nicely used. Ne enclose a copy of our letter
for your information. Should any of the members of the Commission have
any additional places they would wish to have considered, please let us
know.
CITY OF
~tlartle $taek - ~loztda
May 23, 1985
1I60CEAN aOULEVARD
e. o. aox n
ATLANTIC 9EACN. PLOBmA aYT17
+TI rPRONE 19011 Z~aJ~
PO:MORANDUM
'T0; The Honorable Maynr and City Commission
FROM: Richard C. Fellows, City Manager
~`~
SUBJECT: STATUS REPORT
o We are working closely with Jerry Strayve and Bob Braid to affect a
smooth transition of the privately-operated Buccaneer water and sewez
system into the City operation. We will keep you advised.
o With the lifting of the sever moratorium, the City Commission will
need to address the manner in which sewer capacity is to be handled. It
would be my suggestion on projects such as the Grenville E Meuse/Reyhani
airport project, the Dowling-Morrow project included herein, and others
that a time limit be included with any grant of sewer capacity. i.e.,
within 90 days some activity would have to take place on the project
propetty or the serer capacity reservation would revert back to the City
for assignment to some other project ready ro move ahead.
o In regards to sewer capacity, the Grenville E Meuse/Reyhani project
probably should rate some sort of priority and inasmuch as their initial
construction anticipates approximately 55 units the Commission may wish
to reserve to that project a sewer capacity reservation of approximately
20,000 gallons per day with the provision that financing arrrangements,
plans, etc., proceed apace and that some evidence of land development
commence within 90 to 120 days.
o Pete Dowling of Dowling-lbrrow has requested serer reservation for
Seminole Beach Project No. 1 which consists of approximately nine acres
between Seminole Road and Beach Avenue, lying between IBth and 19th
Streets. This is the same property which the City granted rater service
to at the last meeting. Ne is now requesting 65 sewer connections in
connection with this unit which would result in a capacity reservation
of approximately 18,000 gallons per day. Dowling is also requesting
water and sewer service for 32 units in Seminole Beach Project No. 2
which is a two-acre parcel lying between Seminole Road and Beach Avenue
and bound on the north by 20th Street. Should the Covmission decide to
grans this reservation, it would result in approximately 8,800 gallons
per day of sewer reservation. Should the Commission decide they wish to
grant these reservations, again some time frame should be incorporated
o In accordance with the instructions of the Ciiy Commission, we have
mailed out an invitation to bid and specifications for the operation and
maintenance of the Buccaneer district system. Invitations to bid and
specifications were mailed to five firms. The arc Jax Utilities,
Southern Underground Utilities, Alandarin Utilities, the Public Service
Group in St. Augustine, and Russell and Azson Engineers of Daytona
Beach. Bids are to he received at the Conunission's regul;u meeting
Monday, June 10, 1985.
o In accordance with the instructions of the City Commission to
employ the services of an engineer not previously connected with the
Buccaneer project for purposes of evaluation and report on the
facilities to be received via the purchase agreement and ordinance, we
have contacted Smith 6 Gillespie and discussed the matter at length with
them and will keep you advised.
o Now that the moratorium has been lifted, the new Hardee's
Restaurant on Mayport Road at Levy plans to proceed as soon as possible
to construct their building and has asked fora sewer reservation for 90
da}•s of 2,000 gallons per day. IF the Commission agrees, it will be in
order to grant this request as they have been on priority since their
rezoning was approved a couple of months agol
o The repainting and refurbishing of our water tank is pros ceding.
The contractor has completed almost all repairs and has applied a prime
coat and partial intermediate coat of high yield epoxy. i}e are
anticipating the water lank will be back on line by the middle of next
week.
o I will be meeting with the employees of Buccaneer on Friday
afternoon at 4:30 to discuss the City's policies and benefits.
RCF:jl
a,. _.
o Several bills are pending in the Legislature having to do with
policemen and firefighters. Repesenta[ive Ku tun has introduced a bill
regarding hear[ disease and police officers which would require
compensation payment in addition to disability retirement in all cases
regardless of whether or not the facts suppm~t ed the cone ention that the
hear[ disease was job-related. Similarly, Representative fia tou ri has
introduced a bill regarding firefighter disfigurement which includes
additional compensation for firefighters over and above the workers'
compensation law which the Florida League feels discriminates against
all non-fire employees. Additionally, Representative Pacj is has
introduced a bill called the Firefighters' Bill of Rights which outlines
procedures and rights of firefighters under interrogation regarding
disciplinary action, suspension or dismissal. The League suggested that
all of the bills be opposed and the City Commission may wish to take
such a stand b}• resolution or they may wish to do nothing. N'e bring it
to your attention for your infonoation.
o Alto Grcenc, who is doing the repair and repainting of our water
tower, has asked for a two-week extension on his contract. He has had
some bad weather and some material problems, but i suggest to the City
Commission to wait until the contract has been concluded and then
examine his request for an extension of time.
o Cncl osed is a letter from G. F. Martin submitting his resignation
as the Atlantic Beach representative on the Beaches CAIV Board. This
will be an agenda item Monday night.
o We are in the process of preparing to gear up for budget
considerations For the nett year. We will shortly be discussing with
the Commission requests for departmental capital improvements for the
coming year, and following a discussion and general agreement on these
items a fairly firm tentative budget can be developed. We will be
keeping you advised.
o We have found the existing job classification and pay plan with its
two steps to be somewhat inadequate for effective employee incentive.
We are in the process of redesigning the pay plan itself to provide ten
steps with approximately 25 pay grades which will enable us to be much
more fl eziblc in attracting and keeping good employees. The new pay
plan may be drawn without too much chance of non-objectivity. Ilowever,
the classification of employees and job descriptions is another matter.
N'c would like to ask the City Commission to allow us to seek proposals
to bring our job descriptions and classification system up [o date. The
present job descriptions being used are from an old Frank Brown 6
Company book that looks like it was developed 15 to 20 years ago. N'e
shall await your pleasure.
o The Advisory Planning Board acted on a number of items at their
meeting of play 21. Commissioner John Morris will report on the meeting
hfonday night. In that regard, we have prepared the documents in
connection with the actions of the Board and these arc being included
with your status report and agenda for your study and consideration.
to make sure the sewer capacity is promptly utilized
o Uevelopmunt is continuing in Section H. h'e att beginning to
receive a number of calls from residents where houses have been built
making inquiry as to the when the City intends to make improvements
particularly in the area of street paving. IC is my suggestion the City
allow us to develop a request for proposals, prat eed ing wider the
L'onsultants Competitive Negotiation Act for purposes of selecting a
consulting engineer to develop cost estimates for providing water,
sewer, and street improvements in Section li, preferably by a special
assessment.
o I am enclosing along with your copy of the minutes of the past
meeting a copy of a recent filing with the U. S. District Court in the
Eleazer case.
o As you have previously been advised, the City's bonds were sold by
the State of Florida on May l4 at an int crest rate of 8.0974%. Delivery
of the bonds is ezpec ted to take place on Alay ?9 following which the
funds will be available or. a draw-down basis for the City providing the
loan agreement has been executed at that time. In that regard, a copy
of the proposed Loan Agreement is included for your study anJ we will be
asking the City Commission to authorize the Mayor and Clerk to execute
the agreement.
o The proposals from auditors interested in doing the City audit have
been reviewed and evaluated. It is recommended the following six firms,
not necessarily in order of preference, be selected for oral int e: vi ews:
Cooper L Lybrand
Deloitte, Ila skins E Sells
Tyson, Swindell 6 Du rden
Garrard E Carter
Touche Ross
Peat. Marwick G Mitchell
If agreeable, the City Commission may wish to set a special meeting
on Monday, June 3, and give each of the auditors a maximum of ten
minutes to make an oral presentation relative to their qualifications
and the personalities of the principals to be involved. Following the
oral pesentations, the City Commission shall select the three fitms
deemed most appropriate to perform the City audit, and rank these three
firms in order of priority 1, 2 and S, at which time a price may be
negotiated with the firm ranked No. I.
o An inquiry was made from Councilman Forrest Boone as to where we
might wish to have shelters placed at bus stops iF such became available
through a federal grant. We responded with five areas where we felt a
bus shelter could be very nicely used. N'e enclose a copy of our letter
for your information. Should any of the members of the Commission have
any additional places they could wish to have considered, please let us
know.
CITY OF
rQtla«rke - ~lmrufa
6fay 23, 1985
MEMORANDUM
tl6 ocenN Bom.evnam
P. O. BOX RS
ATLANTIC BEACH, FLORIDA 3ni+
TELEPHONE 19011'L~&2396
T0: The Honorable Mayor and City Commission
FROM: Richard C. Fellows, City Manager
~`~
SUBJECT: STATUS REPORT
o W'e are working closely with Jerry St rayve and Bub Braid to affect a
smoth transition of the privately-operated Buccaneer water and sewer
system into the City opcrat ion. Ke will keep you advised.
o With the lifting of the sewer moratorium, the City Commission will
need to address the manner in which sewer capacity is to be handled. It
would be my suggestion on projects such as the Grenville E hleuse/Reyhani
airport project, the Dowling-hWrrow project included herein, and others
that a time limit be included with any grant of sewer capacity. i.e.,
within 90 days some activity would have to take place on the project
property- or the sewer capacity reservation would revert back to the City
for assignment io some other project ready to mcve ahead.
o In regards to sewer capacity, the Grenv ilie E Meuse/Reyhani project
probabl)• should rate some sort of priority and inasmuch as their initial
construction anticipates approximately 55 units the Commission may wish
to reserve to that project a sewer capacity res::rvation of approx imaiely
20,000 gallons per day with the provision that financing arrrangements,
plans, etc., proceed apace and that some evidence of land development
commence within 90 to 120 days.
o Pete Dowling of Dowling-Fbrr ow has requested sewer reservation for
Seminole Beach Project No. 1 which consists of approximately nine acres
between Seminole Road and Beach Avenue, lying between 18th and 19th
Streets. This is the same property which the City granted water service
to at the last meeting. fie is now requesting 65 sewer connec Lions in
connection with this unit which would result in a capacity reservat ior.
of approximately 18,000 gallons per day. Dowling is also requesting
water and sewer service for 32 units in Seminole Beach Project No. 2
which is a two-acre pa rc cl lying between Seminole Road and Beach. Avenue
and bound on the north by 20th Street. Should the Commission decide to
grant this reservation, it would result in approximately 8,800 gallons
per day of sewer reservation. Should the Commission decide they wish to
grant these reservations, again some time frame should be inc orporac ed
t
swnueEwsunc • rwwnnc • PowER wwsxwG -
Bunded 8 /rowed '
Ridge Sandblasting & Painting Co., Inc.
fOTPNa wear lmE Mununarcc
INSPK'IIUN SERVICE • REPwIR
' Posl Office tlox 776 - Laee Alfred. FlorMa J7H50
Telephone (ell) 956-2151
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WATER TANKS SIGNS PAWIFD
RADIO TOWERS
I
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PIDV511tlAL AMID COMMptCIAL BL~RDWGS
RIDGE SANDB1.15TPIG & PAINTING CO., INC.
P.O. BO%>16 . tN(E ALFRED. FLORIDA l3aio
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CITY OF
pQtlaxtie dead - ~loaida
May 15, 1985
The Honorable Forrest Boone
City Councilman District 3
City of Jacksonville
220 East Bay Street
10th Floor
Jacksonville, Florida 32202
Re: Bus Shelters
Dear Forrest:
tlsoccAx BoutxvAtB
P. O. BO%M
AttANTIC BEACH, r1ARmA ~Y2V
TELEPHONE ItKMI f~ifal6
Thank you for your letter of April 25th relative to the possibility
of acquiring several bus shelters in Atlantic Bcach.
Xe have several areas where bus shelters could be placed and pro-
vide a real public service and they are located as follows:
(1) On Atlantic Blvd. and Royal Palms Drive
(2) In front of Publ ix on Atlantic Blvd.
(3) Seminole Road and Atlantic Blvd.
(4) Levy and Mayport Road
(S) Mayport Road and Plaza Blvd.
These are a few of the more than 20 bus stops located within the
City of Atlantic Beach and re appreciate any assistance you can pro-
vide our citizens in the way of shelters.
S ~Y~Y~o~u~rs.
Richa , C ` F 1~ 5,
City Manager
RCF:Ik
~~
//11~ ~~ 1t60CEANBOVLEVAaD
- / /rJ e.o.eoxu
L//'h_,K(/" ATLAn71C BEACR, PLOnmA OPya
TELEPHONE lawl a~Paaaa
i ~ ~ yJ
May ~ ~-'
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The W ,/~ ~y~l
City l / ~ J
citr ~ ~v/ ~/ ,'~
220 Ea ' ~ ',//~/
30th F
Jackso
Re: Bl ~ VAT C~~ , ~~.._ ~~ r-~ t
Dear F[ j
.l.h th relative to the possibility
of acqu ._____.~ an Auantic Beach.
Me have several areas where bus shelters could be placed and pro-
vide a real public service and they are located as follows:
(1) On Atlantic Blvd. and Royal Palms Drive
(2) In front of Publ ix on Atlantic 81vd.
(3) Seminole Road and Atlantic 81vd.
(4) Levy and Mayport Road
(S) Mayport Road and Plaza Blvd.
These are a fex of the more than 20 bus stops located within the
City of Atlantic Beach and re appreciate any assistance you can pro-
vide our citizens in the way of shelters.
g' ly1 yours,
l
Richa C. Fellows,
City Manager
RCF:lk
CERiIPICATE OF SERVICE
I HEREBY CERTIFY that a copy of [he foregoing Narrative
Report, Lis[ of Exhibits, and List of Nitnesses of Defendants
Eleazer and Green, has been served this 20th day of May, 1985 by
first class United States mail upon the following:
Luke G. Galan[, Esquire
320 East Adams Street
Jacksonville, Florida 32202
and
Kenneth Vickers, Esquire
437 East Monroe Street
Jacksonville, Florida 32202
and
Mr. Timothy T. Cooper
B-046066
Post Office Box 1500-Mail Box 854
Cross City, FLorida 32628
A tY Orn ey
_ 7
~'
--
10. Detective D. L. Starling
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
11. Officer Robert McCoy
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
12. Mr. Donald Champagne t
FLorida Department of Law Enforcement
Tallahassee, Florida 32301
13. Officer Rick C. Wood
Atlantic Beach Police Department
Atlantic Beach, Florida 32233
14. Officer Kenneth Roach
Jacksonville Beach Police Department
Jacksonville Beach, FLorida 32250
15. Officer T. A. Diperna
Jacksonville Sheriff's Office
Jacksonville, Florida 32202
DATED this 20th day of N.ay, 1985.
Respectfully submitted,
Claude L. Mullis, Esquire
Yost Office Box 41566
Jacksonville, Florida 32203
(904) 356-8073
City Attorney for
City of Atlantic Beach
CORBIR S DICKINSON
Post Office Box 41566
Jacksonville, Florida 32203
(904)356-8073
By ~~_lt'~9~~
eter ee or in
Attorneys for tiefendants
Eleazer and Green
- 6 -
~., _
17. Report of phychia[ric consultants dated 3/26/80
and 7/1/81.
The above exhibits do not include exhibits which might be
introduced for purposes of rebuttal or impeachment, whose use
cannot be anticipated prior to trial.
LIST OF YITNESSES
Defendants Eleazer and Green may call as witnesses at the
trial of the above-captioned action the following individuals:
1. Officer Charles A. Green
Atlantic Beach police Department
Atlantic Beach, FLorida 32233
2. Mr. William Scott E7.eazer
501 Chippership Lane
Atlantic Beach, Florida 32233
3. Officer Robert S. Bass
Neptune Beach police Department
Neptune Beach, Florida 32233
4. Officer David W. Durgin, III
Jacksonville Beach Police Department
Jacksonville Beach, Florida 32250
5. Mr. Timothy T. Cooper
B-046066, Post Office Box 1500-Mailbox 854,
Cross City, Florida 32628
6. Mr. Edward P. ltu rphy
Jacksonville Fire De parcment
Jacksonville, Florida
7. Mr. John F. McGovern, Jr.
Jacksonville Beach Fire Department
Jacksonville Beach, Florida 32250
8. Sergeant James T. Rhodes
Neptune Beach Police Department
Neptune Beach, Florida 32233
9. Officer Wayne Chattaway
Jacksonville Sheriff's Uffice
Jacksonville, Florida 32202
- 5 -
LIST OF ElOIIBITS
Defendants Eleazer and Green may introduce into evidence at
the trial of the above-captioned action the following exhibits:
1. Plaintiff's answers to Defendants Eleazer and
i
Green's first set of interrogatories dated March 13, 1985; ,
2. Criminal trial transcript of proceedings before the
Honorable Lawrence D. Fay, Circuit Judge, on June 4, 1980 and
July 16, 1980; '
3. Criminal trial transcript of proceedings before the
i
Honorable Lawrence D. Fay, Circuit Judge, July 16 and 17, 1981;
4. Criminal trial transcript of proceedings before the I
i
Honorable L. Page Haddock, Circuit Judge, on January .4, 1983 and
February 8 and 9, 1983.
i
5. Deposition of James T. Rhodes; k
6. Deposition of Charles A. Green;
7. Deposition of Kenneth Roach;
8. Deposition of Richard A. Bramlitt;
9. Deposition of B. W. Chattaway;
i
10. Deposition of Robert E. McCoy;
11. Deposition of William Scott Eleazer;
12. Deposition of Robert S. Bass;
13. Deposition of Leroy Starling; ,
14. Various police reports, with statements, of the
shooting incident on October 26, 1979. ~
15. Various photographs taken at the scene of the
shooting incident.
i
16. Conviction record of Plaintiff.
- 4 -
.t
". ..
At this point, Eleazer was sent to assist Officer Bass.
When he arrived, Eleazer walked co the rear and around to the ~.
passenger side of the vehicle, and Bass walked around to the
driver's side. Cooper, the Plaintiff, was observed sitting in '
the driver's seat in a reclining position under a blanket. '
Officer Bass asked him to produce the car's registration, since
it had been reported as stolen. At this point, Cooper exited the
vehicle and proceeded toward the rear of it. He then suddenly
said "hold it" or "don'[ move" in a loud, demanding voice. He
drew a gun from his waist band and shot Officer Eleazer in the
lower abdomen and groin as Eleazer at[em pled to pull his
revolver. A number of shots were then fired in rapid succession,
between Cooper, Officer Bass and Officer Eleazer, resulting in
Cooper also being shot.
Shortly thereafter, the Defendant Charles A. Green, also an
Officer on [he Atlantic Beach Police Force, heard Bass request
[ha[ a rescue unit be sent Co the scene as soon as possible.
Bass advised Green over the radio that Eleazer had been shot.
Green arrived ac [he scene and saw Eleazer laying on the ground
near the rear of [he car. While talking to Eleazer, Green saw
Cooper twisting and turning on the ground, and thought that he
might be going for his gun. He then went to Green with his gun
drawn and put the gun on him. When he saw that Cooper no longer
had his gun, he returned to Eleazer, and comforted him until the
rescue unit arrived.
- 3 -
arm, said convictions arising out of the incident set forth
herein In short, this case is a situation where the Plaintiff
is alleging that the police officers he was convicted of
attempting to murder somehow violated the Plaintiff's civil
rights while the officers were in the good faith performance of _
their duties. I[ shoultl be noted that Defendants Eleazer and
Green currently have pending before the court a motion for
summary judgment and a motion for judgment on the pleadings
which, if granted, would dispose o: [his action as to these :
Defendants.
The following is a brief summary of the facts in this case
from the perspective of Defendants Eleazer and Green: The
incident in question took place in the early morning of October
26, 1979 between 5:00 a.m. and 5:30 a.m. in Neptune Beach,
Florida. At this time, the Defendant William Scott Eleazer, an
Officer with the Atlantic Beach Police Department, was [raveling
in his police vehicle on Ocean Boulevard in A:l antic Beach.
Officer Eleazer then heard the Defendant Robert S. Bass, an
Officer with the Neptune Beach Police Department, on the radio
checking the registration on a certain vehicle. Eleazer heard
the conversation since Atlantic Beach and Neptune Beach shared a
common dispatch. The dispatcher then reporr. ed back to Officer I
Bass that the vehicle had been reported as stolen. Bass reported
the location of the vehicle as being on the ocean between Davis
and Laura streets in Neptune Beach.
- 2 -
~_
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TIMOTHY T. COOPER,
Plaintiff
V.
WILLIAM SCOTT ELEAZER,
CHARLES A GREEN, DAV7D
W. DU RGIN, III,
ROBERT SAMUEL RASS,
Defendants
Case I7o. 83-1020-CIV-J-16
NARRATIVE REPORT, LIST OF EXHIBITS, AND i
LIST OF WITNESSES OF DEFENDANTS ELEAZER AND GREEN
i
CO~iE NOW the Defendants Wil liarti Scot[ Eleazer and Charles
t
i
A. Green, by and through [heir undersigned attorneys, pursuant to
this Court's Orders of August 22, 1984 and January 30, 1985 in i
the above-captioned action, and hereby file *_his their narrative I
statement, list of exhibits, and list of witnesses as follows:
NARRATIVE STATEMENT OF THE FACTS
This action has been filed by the Plaintiff, Timothy T.
Cooper (hereinafter "Cooper"), nro se, against the above-named
police officers, pursuant to the Civil Rights Act of 1871, 42
U.S.C. 11983. The Plaintiff has been convicted three times for
attempted murder and for unlawfully carryipg and using a fire
,~= _
ra.aw wam cow.o.
x.... r. D~c.~..ro..
Ewe. ~ ~wea..e.
HAND DELIVERY
COR61N 8c DICKINSON
...e...c-a ~. u..
.a. ~a.• s-.ar
ro.+o...ca wo. ..aa•
r.«wo.wn. ~ r'ww~ow auoa
n.a...w.a ra i aa• ae.a
May 20, 1985
Cu l l Muuu.
The Honorable Donald P;. Cinnamonc
Clerk
United States District COurc
for the Middle District of Florida
511 Wes[ Monroe Street
Jacksonville, Florida 32201
Re: Ti¢.o[hy T. Cooper v, l:illiam
Scot[ Eleazer, Charles A. Green,
Daeid LC. Durgin, III,
Robert Sam ual bass
Case No. 83-1020-CIV-J--16
Dear Mr. Cinnamond:
We are enclosing for filing in the above-styled action the
original and one copy of Narrative keport, Lisc of Exhibits, and
List of Witnesses of Defendants Eieazer and Green. We would be
most appreciative if you would sc a:op the ext.-a of this pleading
"filed" and return to our office.
With appreciation fer your assistance in this matter, we are,
Sincerely yours,
CORBIN 6 DICKINSON
Peter Reed Corbin
PkC/dp
Enclos u/re
bc: .VOnorable P.i chart Fellows w!e nclosare
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CORBIN ~ 61G KINSON
•.+o..~-a A. u..
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roP O/~C[ b[ .nu
JACK {ONVr..~ i~Ow~DA !]]O{
May 20, 1985
~{- -
HAND DELIVERY
C•AVD[ l YDL L•a
The Honorable Donald !t. Cinnam and
Clerk
United States District COurt
for the Middle District of Florida
311 West Monroe Street
Jacksonville, Florida 32201
Re: Tiv othy T. Cooper v. Williart~
Scott Eleazer, Charles A. Green,
David W'. Durgin, III,
kobe r[ Sam ual Bass
Case No. 83-1020-CIV-J-lE
Dear Mr. Cinnamond:
We are enclosing for filing in the aoo ve-.crot~~ ---' ""'''
original and on^ copy of Narracive Repo:
List of Witnesses of Def endancs Eieazer
most appreciative if you would sta-.p the
"filed" and return r_o our office.
With appreciation for your assistance in
Sincerely 1
CORbIK 6 D: \I I
^- 7
icy ~Ct[
Peter Reed
PkC/dp
Enclos u//re
bc: .ronorable Richard Fellows w,!enclosun
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L~.W Op`51RLtiPICN
IJF:H' OF MAYPORT ROAD
PREDGMT[JANI'[.Y SECTION H
1984
631-633 Main Street D~lex
891-895 Main Street D~lex
831-835 Main Street D~lex
795-799 Main Street D~lex -
851-855 Main Street ~P1~
1335-1339 Violet Street aPle%
1305-1309 Violet Street DuPl~
1395-1399 Violet Street Duplex
1365-1369 Violet Street G~lex
1386-1388 Rnse Street D~lex
1222 Jasmine Street Single Fa~dly
80 West Fourth Street Single Family
1226 Hibiscis Street Single Fandly
478 We;t Ninth Street Single Family
1285 Carelia Street Single Fartdly
63 emit Apaztrtiant Gnplex
91 West Eleventh Street
205 Edgaz Street Wazehouse
112 Ste~rart Street Wazehouse
TOTAL
88 Naa Living Units
2 New Industrial
As of May 1985
995-999 Camelia Street ~1°'
975-979 Ca~elia Street n'P1~
886-888 Stock Street Duplex
1395-1399 Rose Street aPl~
1305-1309 Rose Street aPl°~
1335-1339 Rose Street ~P1~
1365-1369 Fose Street Duplex
995-999 Main Street
S Duplex
~P1~
treet
985-989 Main Single Fa`dly
1280 11ilip Street
1250 llffip Street Sirgle F~dly
720 West Ninth Street Single Faadly
500 Orchid Street We~l
o
s~ly
1575 Main Street, fi1,2,3,4,5 elr
u
20 New Living Lktits
1 New Industrial