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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 _ _ ____ --: t -- ~ 3 'v 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. `/ 0t 9 ~, • 1683le8 • ~ iG8340 ~e^j. _ ~nT t 8 ~[arN~a ~_ac,~ \ ~ t ~ y~ DIVI$17N P - p+l rar. •r.. 3 .. yY __ .. ~ ~(A403-0010 A~~ / ((/~~v ~' ww. Gov ix ~~V~~ .n....r :i~ / rr I 7 - ~l •~ r. ~MwN~aN ~.MP N, [, 2 ~ iR~ < ~c»sn a wrl~-w J '^~^^J~1\\\ 1 ~ _____ _ w~4~ ~ iT! ~L.~ i' ~ w u I < dFO.~. 0 r pn2CEL HgF f -~ " # 3 ylIbA401-O~ ~ .1 i F.. ! W . -nk'Neu+ MST ~. < o ' g ''"" a.r ~ ~ ~~ •ea.. ~ • ATN NT/C/3d.CN p Vr:' u1. ~I /.ILf.nLL \ . •.aw ~ • ~' r ~~ .m »f~nnse 6 +r-r ~~' F11D. r ~ ~ e °- ~F ~ J~ i - ~y \ N ~ ~. e' I r # M t ~.yy~yyy' ~/1f1. qI N 1Alr ~~ `Q 'I I.M•KW , ~ ~ e , \~ ~ ~i_ Q ~ • ~ T Y ' / O 1YI N a n.NNe 6 I .s.ac w } ~,,: 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 L K 3i G 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 i- ~*'~ 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. r ~~,,.: ^ ~; 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 s 3 , Vie, ~ ~ ' 1683le8 . I 168340 ~l,yA ael.1. I ~ LOT I a '~~• ~,-~ I ho DIVI SIQN 3j ^ Kf l~.-0~j"AM.. QU K• •M.. ' ~fA403-0010 .~YV OR to PUD • t7 • . «.:l ..1. rl ~ 2 i l s ~ Rcz euD I ~t le ( K!]9! i u>K~~0000 ` ' 0/ ~ O '.1K11! '_ _ I . ]]p nrlo -eel. _. . _ r~-- _ !__. _. _ p it u.~ _ a - _.- / 0 K yg2GEL PaRCEL dE~°,'uj ....~- ~3 -~4 a.. ~F 16gµo1. oo00 ~4 OR [o PUD t'Ntw 117~T L'Q. ~ f ~ - < ~ __ l' ~. I - ;l a ~ ~ B / ]. c.rr of ..cioe Iuil~nY K. »9~nna_~ f ~ ] _.~~ _ ~~(fcl~ FN6. ~ r c- ~~ ~g i r, • ~ ~ M - ____._-. -_•xa r r ~ •. ' r !r ~S~J ry~ . ... .ee , ~ .l F^'Y~~S. GO Jr~ ~ , XL ~~ ~;~ - ~ - -- !- -1- - \~ { ,. ~ ~• •]- .,4 i~ i ~° F F Y ~~~ x^`4'1 ~.. 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 { C 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. 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Y s u: F ., m w a H u . o m ro a m i ° . m ~ ~ ° ~ " . n c o a o In o m m o l m e , ~ m , , ~ m m o 0 0 0 o v o , a In a .+ m m .+ ~o r r a r ~ v m N .a ~1 v1 .1 N a .r S N m rl N m r .-I y 4 , i t t r,1 1 1D 10 IO .V (+1 m m 6 a r r r r N Z s 1 O1 N ~p N r N ~ r r V ~ r r J} N N U O• N 10 01 O l N N fi "I N N •"I •'I V 1 ~+ i a N N N N N O N O r 1 N a a + i t m a O O rl N m d ~ .y r 9 01 O 'i N M C m 111 ~ ~ ~ 3 ar r m m m m m 6 m m m m ~ Q' N ~ N N N N j O •N N N N N N N N N N N N N N I N I N 1 1 1 1 1 Ii Z a 1 1 I I I ' I ~ 1 U1 1 N I N I ~ 1 ~ I N I 1(1 V1 1(1 N 1(1 1l1 N N 1 • 1(1 YI N N L 1 d m m m !r m m m m m m m m Z a m m m m m m 6: I1 N N /1 I(1 N 1Il Yl N 1(1 N ~ a Vl N N N ~(1 N N N /1 1 G O O O O O O O O O ' y a0 O O O O O O G O O +:i 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> ~_ Fy' ~. P-• r ! ,\ 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). S F C O 2 W Z W S U W m ~ _ s~z _ ~_ ~ ___~ ., a -/ E O ~ LL ~ M N V .r _ _ 7 ~ T 2 U _ o ~ yy m _ o 4 ~ i N LL ~ I I N 1 ~• o - ~ o 0 N 133415 4302 _ I i -T- • ~ ~ ~ a 1 a a i a O I O O I G f _ _ a I _ Q. J W p U ~ 1'I .~ N~ a a ~ E O t N V N S •022 • N U W '1 O 2 a - a n 0 in 3 O O O Q OI Q O N f ^ O 2 N w J f 3 WN O 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 ~ e 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 I t Q 2 W J z W x U 6 W m I a / 1 _ _ 1 ., E ^ / 0 / "~ V N _ _ ~ ~ -T U O LL Wm W ~ ~ I 1 ~ a 1 1~ -~ I a 1 ~ 1 O O N inc II'I' 133ki15 4202 _. _.. 1 ~ i ~_~_ 1 a ~ a a 1 a v I o o I o 1 _ JI o I _ a• J~ W p U~ l'1 NI 1 6 1 • t ti M N f .ozz O O W J 0 z M Z W W N F U W l O d U C 3 O O S 1 'U Z ., J 3 O O O 11 bl OI .-. • U tll r ~. ~' E ~..~,.. 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 G~f~ , ~`~' ~~C 333 ~~~"'~ ~,,~,~...,. u~,~ - mow---- /~.;eG.--- ~""~' '``'`'~ . ~..~.-- a~ ~ ~~~ w~ ~ /~ ~~ ~ ~~.~~~~~~ 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 F Q 2 w z w S U W m / SL2 LL N - / ~ w E 0 7// ~ N / w A - ~- _ 7 ~ U ^ LL J N W W m ~ 1 n ~ N ~ ~ I I I _ .- n. _ n a o i o I a 4 N 133kl15 4302 ~ i 'T' ' O 7II O O 1 O t _ _ 0 ~ _ f• J ~ W O U 17 N~ t .+ LL w 1 E ` L ti N X022 0 0 w J O Z M W W N Y U w 0 d O C 3 0 0 a 1 O 2 w J 3 0 D Y 11 IOI •I .. • m° ,\ 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 -'~~`I'f --aSULLL L.w~ i.i 1 J i I~"Il/J~~Q~~ i~_ ~1.~°'1- I i6a3~s ,~ . i~a34o .. .wrw iS ~ < ''\ K.ws•ooos ~ --a(-_-e_--_ is-- ~ O . '; o r ' YA2GEL _~ ~ #3 ~-~-'_ N `Q~ A11' ,L 1 ~ ILi ~•~t~l rcvan paRCEL '~ 4 DIV ~SIDN ~ ~ ~~wF ~N ~. / ~: i= GL~ ~:1~ ~~~ I I b~u7 '~ 3tu94o~-°°__ r Y ~TxENew Mcr Co. ~ ~ ~ ~, ~ ~ i .mom.. ~ u•rw' ..~{~B f ~ ATU NT~~~~~N •.pC! IuLL'hM1 \ '. H411'I:L. - 6 r • 7 • i~ r ~- N.L\H~nois~ ~I' FND. i s D i a I _ ~ _- -tea M • \\ - ~ -- rya i _ F. i • 3 ~ f~~~"y~ ~f wi.-w . ~ w f~ Y~~j~S ~~Jr ri ~. I ~ ~ LY ! r ~' ~ ~ i ~MHxY K r i •~.M w { i `~ 1 _~ .-:(. y.. 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 S- ~ -Y ~ G ~`"'~ ir-~ 3ab233 ~~ ~r' ~~"P Gr~~ 7 .~~cPn em rut- <'t w~ ~ -~ ~' 7~ ~ _ _`` ~~.~~ __ The ahme is proved on [his 9[h day of Ma Howard seen, HOWIE CREENE TANK INSPECTION ~.~<,~•. we SANDS(AST. PABfT, r~PSV xe wASn avowsPCCr.. WATER TANKS SIGNS PAWIFD RADIO TOWERS I % t WATER RANTS .SEWER HANTS PIDV511tlAL AMID COMMptCIAL BL~RDWGS RIDGE SANDB1.15TPIG & PAINTING CO., INC. P.O. BO%>16 . tN(E ALFRED. FLORIDA l3aio -. 1LMAf1' G1~II1 (BU1956219 1 k F 9: ~°`~4. -. 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 ~ ~-' .,~ 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 J" +~ ~: . . . E .a~u wue coo.A x.. i D.c.,...e. G+D~ l Asoa.ww CORBIN ~ 61G KINSON •.+o..~-a A. u.. •{ r.- {-.aa. 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 / l,/ ~, ~' S ,~ ,, r J ~J 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