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02-01-96
PRELIMINARY IIRIGATION COST ESTIMATE Highway Beautification Grant Application Greeascape of Jacksonville AWntie Boukvard/S.R. 10 BACKFLOW PREVENTER: ltainbird DCA 200 Double check assembly 3 @5450 EA ................................................. VALVES: Hardie 700 series, 1 %_" valve in Amtek Box 22 @ S90 EA ......:.......................................... MAINLINE:: 2" Sch 40 PVC, 24" deep 5,700 LF @ 5.85 FT ...................................... HEADS: Toro 570 series; includes lateral piping 641 heads @ S25 EA ...................................... SLEEVIlVG: 4" Sch 40 PVC, 30" Deep 750' LF @ S3 10 FT ................................. 51,350.00 ................ 51,980.00 .................................S4,485.00 JACK & BORE: 4 locations, 35' @ each location 140 LF @ S25 LF ...................................................................... SAWCUT & REMOVAL: 1,550' LF @56.50 LF ................................................................ PAVEMENT PATCHING: 750' LF @ S4 LF ............ S 16,025.00 ..................52,325.00 ................ S 3, 500.00 ..S 10.075.00 .............S3,000.00 S43,100.00 ................................................................................ TOTAL IRRIGATION COST ESTIMATE ATLANTIC BOULEVARD - U.S. 10 MEDIAN PLANTING Maintenance Estimate Atlantic Boulevard ; From: Mayport Overpass; Station 100 +00.00 To: Third Street; Station 161 +00,00 Size of Project 6,100 LF or 1.15 miles Shrub and Groundcover Acreage 24,318 SF = .56 AC Turf Acreage 37,809 SF = .86 AC Total Acreage 1.42 AC Mowinp/~YjnP/lVeedine April -September one cycle/2 weeks = 13 cycles October -March one cycle/1 month = 6 cycles 4 man crew at S120/hr. X 8 hrs = S960/cycle S960 x 19 cycles = 518,240 518,240.00 Fertilisation Estimate 1.42 AG62,127 SF Total turf and shrub area 1.42 AC at 5425/AC = 5605.00/cycle 2 cycles/year at 5605.00 = 51,210.00 51,210.00 Litter Removal Adopt a Highway Groups, Private Maintenance Contract, Chain Gangs 50.00 Maintenance Crew Water Estimate 1 cycle = 13,605 gal. or 1,818 CF 2 cycles/wk - October-March = 52 cycles 3 cycles/wk - April-September = 78 cycles 130 cycles/yr at 13,605 gal./cycle = 1,768,650 gal./year or 130 cycies/yr at 1,818 CF/cycle = 236,340 CF/year Municipal Water Rate at 5.15/CF x 236,340 CF 535,451.00 Plant Replscement/Year 250 plants/year at S2.25 S563.00 Total Annual Estimated Project Maintenance 555,464.00 CONTRIBUTION COMPARISON Highway Beautifwtion Gant Application Grcenacape of Jaeksonvr7le Athntie Boulevard/S.R 10 CITY OF ATLANTIC BEACH / GREENSCAPE / COMMIJNTTY EFFORT 545,429 - Labor for tree installation, mulching, watering, staking 548,199 - Materials; mulch, fertilizer, soil additive 56,429 - Site Preparation S9,242 - Program Costs; day-of-planting S43 100 - Irrigation System S152,399.00 Total Match by Greenscapq and City of Atlantic Beach FDOT ffiGHWAY BEAUTIFICATION GRANT MATCH S 113,950 - plant Material; palms; purchase and installation S560 - Wildflowers; purchase and installation 512,375 - Treefonn Crape Myrtles; purchase and installation S9,821 - Plant Material; Groundcover, purchase 58,250 - Soil Amending; Earthwork S144.956.00 Total Match by Highway Beautifiation Gnnt S297,355.00 TOTAL PROJECT COST 51.2•/. 48.8•/. 100•/. r PRELDrIIIVARY COST ESTIMATE Highway Beautification Gnot Application Greeoscape of Jacksouvi0e AWutic Boulevard/S.R 10 January 30, 1996 DESIGN AND GRANT PREPARATION FEE :.......................................................516,000.00 DEBRIS REMOVAL: 85 CY @ S201YD. CONCRETE CURB: 1280' Type "F" Concrete Curb, minor sawcutting, removal @ 58.50/LF ............................................................ PLANT MATERIAL: 14' CT Zahedii Date Palm 43 @ 52,650 EA ...................................... Red Crape Myrtle - 30 Gal. 33 @ S225 EA .......................................... Lavender Crape Myrtle - 30 Gal. 32 @ 5225 EA .......................................... Indian Hawthorne - 3 Gal 2,800 @ S6 EA ......................................... Evergreen Giant - 1 Gal 1,560 @ 52.25 EA .................................... Creeping Lantana -Yellow - 1 Gal. 2,805 @ 52.25 EA .................................... IRRIGATION: Breakdown on seperate EARTHWORK: 20 CY over 11 medians = 220 CY 220 CY x S25/YD ....................... TOPSOIL/AMENDMENTS: S1,700.00 ...................... S 10, 880.00 ...................5113,950.00 ........................ S7,425.00 .......................... S7,200.00 ...................... S 16, 800.00 ...........................................53,510.00 ....................................56,311.00 .......................................543,100.00 ....................................... S5, 500.00 22 median tips x 5 CY each = 110 CY 110 CY x S25/CY ...................................................................................52,750.00 PRELIMINARY PROJECT TOTAL S235,126.00 aua.~..~,„~..~.~.~ ~~ II ~\TOI YIlel tlIY2 ]• wylua r1w~ fYy wwr.l ..ORd OIYI(Z YN. iI1-QI.I M1y.M..1 ~~rWle! lM•'n-M nc {Ry»l YtlY Y l'YC I.Y.! .. Irl e pylgyEl Tw >/..e» • enneoo vYK iw ]U-x Je Ldiiek W /Ol~tYl iu UPY 8 l~ t7& ~ O ~-Et.:FE ii ~ I$]t Y EE_ pg _ i ~ f Iy_~p,.gS. ~.9F'-K ro lw ec-v » ~w swo ~w r-w » ul ~rilfeY4le v slx yreps d~w~ 1 ) Yll Y t> e i l3Ti r L tl~ ..y.e.fwiw .rYU ~~.» Y...r ... N.ra.r.r rr.w ... e1Mn w.a~. Y /~ r w Yr. Pe.•Y we w /Ye.• Y e...r r rrG rwr ti +~ Ye er.~a .n,.y.ewlwwwerw rN rr r.r Hoer weww r~.v.r•rM~~r. I.1.~lNwl \~We N... ~.~MP. = f~.rM./ /1J/ W YY Y ~Y e»Ne A_Ye 1I ..W VIY.I V~rYe. Y+eeY. AC r N» eeyrr Y /ww.w~ wi~MeY r1Y e~ MIS N +eT Y r~~re AVM M YYVtl Y.4N Y eN 17.Y ~VL Y Gsal e•7.• Ye w1 W..ers YYt r~ YKII! MF Vim. A.WrI NNw.earr..e....~ ..~ .-...i.-. YfI.1~.M M elrWrl nr nN w e•rrr p • rx.'w ^l^~Nws~ N..Y .. Nw...srw^WM ~.. M1vr IM.PpY~ Yer~~P .IINY r r~~ w Y~weJ nra deeYre Nw r.. errrr. • ~.r. rYYr IP.i u.w •~u wM iP.l •ywY~ r i~t Pu~w tl~.r r.a rYrq es.sr rYw/. ~. r r n.ws l1'.ww.re.P.w A .S n TN .mcq trr /eY s We»• rs rwwi u~+T.r r~y M.wY1 M e.e..r+. M F4 twTM ~ r1 •..r.u 4y» pew .sav M.a. m Mf O•YW® eY roc sar.~em W tiC et+~m s ~..~ u.a rr rs+ enrYe ~.eww rr eeersr ..». rr rNiM ~~ ve~'nrs y W s ~ . n r~ !•~n iY. M IY. .iYLL r!1 IY.ILl1.we rY.l wo ~° rain r rs DOUBLE CNEGK ASSEHBLY Nor ro lcwu: WALL-NOWT CONTROLLER M niL NTe. r•.u .w~r¢r ernwu .N. errear .K:.rv+ a~ NO eR en.a* .r ~++Teew ~w WIWl YATA .eNe11Of1 PLYr1G VIIK lplt IINN IXIENIPeI I 1fOYM rT..~ vrK nmr »• Yo+C Mw Y..O! M TYPICAL POP UP ROTARY ~NKLER lli Ir1 T N eels IOI TO V.•4' i fd1¢ VKK .•......ra... AC 4 MKK elru nYG TQ A41 vfp. ee.e rrn romris n nclrr m.r4 v4K IC 4 ro.on waK ttPKAL DOL~iO1D VALVE rr m erne GROUP. INC. lilltlllt •lINOICIP^ Pll^ ^Il• .lllllt/[Till lllel llllll • lllellllll• ununn ..n um u iiuunuu. nuu• un. u.o m-rm r.e nr-nu GRrcrlNBGAFTs OF JACKSONVILLE CITY OF ATLANTIC BEACH 1996 FD.O.T. HIGHWAY BEAUTIFICATION GRANT ATLANTIC BLVD. s.R. Im -rua• .onnrur a=m __r.ssw.~~~~.~ ~~wii A[•L~ p.~.M s~.e..• s. e.. ..t IRRIGATION DETAILS O Yl/lN ry: CBeCm ~Y: W KNeK~ MLILSta PON : Wii 1Ml l~. Ar O eQiOWMB PIdCR NUelPS ~ a•n»~w D Mltl i1~1 NVNRI ® ~~~ Node a V ~ ~ ~~, TYPICAL HI-POP SPRAY SPRNCLER Nor ro e•., LMIpBCAPE SPEGIFIGATIONB MATERIALS: i R/wtK f? YrNR: .tW 51(iRpit P41 P RGR[D tY0 W]R U WRIML rtttt rWS 1V[P nR'r Y K IK.VIi, D .W[r(A r:l ACwR Ye 2 nYt !m wOe Pw6 WR ¢[M, /Ii R. Yp nQ O ®L arwS .i DIP LVQ 1 il.[4 II-W. wD ~ O1 RtR IQ 10 Wt. fJYw Hln YO V[fAY snWlr. Rp[ 1[K[6 i RY PD1E1[S wd l[1ww1W6 Y.eTIMt[ rat AL[ fn06 tl D[]OPm w HNw[Y eRt. OYl D sIY9YDa a yw1Ra Hylo1 e ~ w Rrrta iRL rv wui, r.MC ron MD oRA9. rwn sYU R w MD Er art.HO ~ w fe EwM HA.n fr1Y2 WK .rw21 9a rla DiIafOR u R)wRD w Hwr .RRn v/tts • SR9AEi a sas rrmla D/W • olAa Ra Rm v m R LRM[ .Mn h RRR a RY.aq W W .ro wa wort rRc • RJW11A s,m fw2 R r [wr rnR w balm AE uwwlD stm. D. 1w1p1 Yi]G! i t JJ w Oil R RMn[D f® W'!IL A IIYY KOK RIYUIY O .W YO G OJ° olvo as R~ASyr~wolmwlr i n Do1R.I°fosv~rot urta~mlca ~Mt M9"D..on~w.a"a >. muac rw rl,wt Dms uR tr-[ utp Yo rD1 w MLAS ui R-~[ um. En wM At ...+ ty a K .tcpml w . Ylrtr rRODwI OLYR ra l MAIM rw f[L0m AR1S wr WlG W 1pY MHl D7R1ft 6 ma1H Rera4 Yw. w.4 Wt w Gl/l igli rY ]IWl f sw 1gfi1.Y: fw Ko-RallwL C9RSy1R R Rulrray siMw+RtaalaD HY.KARRaRII w/i CM\ill(11 O WF/K11/m T POIatwH wMCl wRwYIOrL K IRIYSfII DRarRy n .WDKM pdfl9w -ef/It. H! [tlN IITYI A1p.(. w9wAR w aa1A OIniV4' (flalnl-i]M w ArrolzD [wti SU841TTALS: i fm wIVLR rp <aJp z fa Ini pt9i rv mwn [xErp1 orc rv M •w RQ1Rw'Ytw6 rw M plnw[li. ] rim HAwi ou9Awl¢ IA6 rYw f/wA1[ E%ECU TION: 1. If1W Yl .~ tl f1Ewl ]i w 11Ci Km1DY1R wM ]OIO OiOANH PWCR2 2 UJISI f4 M w ILL HM1K RD YLn tD fy10 N RfWa(D Ii K fLL RfL. VR Hyr1Y W1R P of WAR R mR1 K nl IIO Vf[ ..OIARD IK w YSC !IE 9 ..6[ K M 1 RAw ] [O(] w mllmlm Ril Mt w I4i w w2 we.O (sa RD] YO IY wm M SOl A RIM w {-I rpp a wKl nANn wR f1Dr S 1R M11n y: 16 Rm-F~MwlA p r1O1 ~AY1R9 Rr Iw swY[ iQi w RAri R0. W GOI • fi/i w Rli R(If .ft fP1 Rl1 Mp RR'Im ID WMIMI td w . i(Ia n1aOI[ x. yn zuf-sw¢D .m wa Ra1m uR f w a oars 9ar[i ArtxoaD tD ]'zr-caC siARS ala RI wnOL L /Ilt . O6 R LfaQ1M. YAp m N1 RR AIE waL fnCwl HMi RD IInN OML A R 1 rw RID. KMLdi I.gpl a uRl • KD Yt YRSDXQ[. tl .BLOB YL te[Y I DL IKN Y RI YM/CAa[Y IIaiRC1Yl Rw1p/Rp MLA LL/a0 awML R~PoyY~R 111 A IY R/M M1r~ wm"Y~r¢ v ilu.~iaKwo is ~sso>~ve.Iao wr /riirR~RD~ n~r a i ~~ ratYl r1wE /v wAwrD R tRSS 1lR >•v s ro w rwrs R Rssauv frswa II. W ML/.s lWt R O1Mm ww f MS L.f 1O vi 8111E YI A 101K WI[rR N1Vwi. 12 LItQM EN'AKiR1 HIIL R ..IR R Yl V1Y0 MDH 1E D01 m1C. fr. Lw Iw' 1RR YO ®rOrYR RM RE1K m111LIR fl Iu LKni 11[[i RWa R IMRD A . RA11 R ]a OQII rw IYY[ OM96 NL'Y6 RM IM1 /p Dp1pRR W1PIL iWl R RICLLD IEII 1Q Mp MO/ir[M[ wYLwfAM DwN}(w iRL .L 1MyfGM A1aRCls aRCa GRASSING: 1. ~1o i i o pRr I : MD [wR~ /Y w aM[ tIQ]. Qt1 MM MD OK[ QRY(D1R W t4IY z..~wrswi sr^ As Rmwmrn n K 1w vi rw oMa r[w+Le G EIDILL Y .' RV Ya KI W[ lAM M4S t0 A ICON [MI f/A6 w Y4s ip R NE[0. Yya (w Ep )ED(Si /rDpf 11M1 irOC 1' pD. IDYL¢l IAKIOII. D. ERV IpMm uw M[Y vR[ r1Mti r on. 2 m R1R r Mare R s11ws to 1m rAr. r. u. sm w trawl. aloe a11IE) rM/ul Rr6 to ryw A sag W1f .M 9rii m1D ua. .nwt R[w. suDme arf m were a1R a tvm wiD o ouwf C 4a fNn[ fmRO ML..M A p0 LL RUII 0. WRl1 f00 W[Wt6. YE1 Et.YG KRYla1 WIR 11RiRR. W ®s Rni A. COM a< r u"R [st1Rx11LD a RmrD: w Yni rwwrxu rnY 1rnyAlw Ai K WR v m is ro Aoe. :ma AIMS.v Rim O Y9 p Wif /1p Y[if • /Ri ~ 1/a- ] IDDR iHDOSR w wi WRMI ulfOrli D'Q Wffi rRA G /R. R(y 1R AtKYR RE1a rw MR. D IwRi wl MRw WIPN wA K 0L i W RM ]DD U MIIA G Ylp R[RD /l/S F rIDIV[ w1rR wAII aYVw Lw R( 6t/iwrPi R M aMII CLEANUP: .1 K aO R UG RR[ Dni. RlP( Hl RAa RSLM IRV K R]R. alwM IH(D fl/K6 Mi I 1MYIDL Ya WLIES 2 dR! OWRD M[Y fl1Om O K .al INITIAi INSPECTION AND ACCEPTANCE: i M .I1RMh Wl1 Ralf 1!i[[ nIK 4EYML IILI(Ciw Ya 1LIIIiM¢ 2 HYL[Vwl SWL R .Y[ n K Dr[[ w [~p'f RlxmllAtM .Ml aS RR w Al1[u Etl'Ka 1101 AW K IKRYY[ LOIRK1al bJl wflYyllly R mIl1K r1Mn .R 1191 SRACI ID YAINiENANCE AND WARRAN IC i Ri YW R.KI D[ 11I10YJR Q Y[W 4. IrY VM Yf. 6 RYIm /O aww[ [P K Y.M41.Q r[O 1ROm a HMI .YpYQ YO YIMF a Wwt.w /p wW.l[[ 1[Mn !p9 . lww.M I[1P O M Nn /Y Y1Y[ .ID9Hrj /u W n IY K[V[YQ. l /tV YIW w.R.l! YR9 IIMn AS [09OR SPR. A WRi[w MLX...[.. C Qt !i4[D /UY1f RI 1.OP P.K AW r0a SIPS RM Y9Ml YO qnd OII OY ynf My n1Ra i m wMl Rya RAt rw .rwKK ai K r wi rLYm .R A WMr/ R a RxOrO c At K tE w K W RYrwO wRm wMAw MD RD rRb .w a o0 R Yas9nc Y![W s w Wrmwa ~ WMAwn • Www .c ollrlwu uRa ro . ~..a a m rn 1nD1 RDY Kwi..a fro IYR nW Kmt.Ri. c v u:s .nmim a [mss: imtzaailei if°ar aarwu¢mi ai u ~~ Wwlr 1pPi Rir[M1 [ IR wR ] rpa D mwa 1Ae a amn rv rw9c ww II-._r At A WR or • to r)1 NE Sw.K rt[e. PLANT SCHEDULE YWr. O. Q.W r1119f .TIYfY rWR W 1~t rw1~E ~r1Rw Y R ]Yli1' WA MYl1 AEMR OAfT'S1RU V C.L • R - D' lYy~i OIn+N /r RRx OYr.1f..tY LWAD9pR1 AIaCA • e4 I - . I• - e ~"~~-' Hin~ l11 V.IOr AY. R..RI WwR'tlf..GTJ • 0.4 • - 1. I . w .WNr 14ti-tK 1Y1 ! wPYY IMIIIII~R wWlw/.fOIrJ lYl .' L' \114D .RY 1/w Y NRAa~r WYVi YR. nYf~lw Y' ~ W D' D' • 1. H4 r Y.. a9awuH./.. wr.W nwrz.wY it r- r ..zwa.R. REPLACEMENTS AND CONDITIONS: .. Rnlman ra R m ors K vt HMtaL ram rw K f4O6 1RtE K UE9.IrS [OItaKR9 Kim ID ~ LM.1T bn i KR 4 6 . w[ 1[ 9VI1(aOY qYt, a• RHAmai .I R R K fAl[ as u K awollY wM E m1rY a Amr16 m R v9D. . Y9 .11Y BL[O K IMORY[ [YItWC.Y wLL 9O R R9DIRR! fw RYl WIPM iWI ".S Rw DWK(D . WOYwI rR- RIWnL RmGlw w Oft1 KNRf R.PO M VwRG/G MR.LtD['a a1R 3 RMM[lwtm 1116 .R tll OWM4e 4 rwf Y~ D1[ W MOMY 4111. [VY1wf W1 K Hym]. Lftm1[ rD MWZ. p1D1M1i, RRR IQDL w /tlIH wwM Rl w p wA. R K RfPMRIn O K V.[OFML mlyuciwL FINAL INSPECTION ANO ACCEPTANCE: 1. IwH Ib([a K 4YROI( m11LGin1 Yt mdCi . i.Mt wff[IIw .M K faKl w QR[R R1.f11 i. Mt .i K ee > fIP WwR11RIQ Mam f(yr[D Ia1 ULR .WD Nwl WiPLLI C1H' K AY..Tr p WR R K MO.Im YIrC 2 MMi WAYS • Ilq/w nMi WYH .Di w x(418 001p1 w MOI IYa i YRt fxfpvllli l KmOx] W;Y[ YIL R OWMI® F.fM DOYK. f R/Im w gY.Mt flwL[ a UrYK 1R > IwH 1O[G9wl RDDm 4LR ri L /IIIeAY RPO[y . [lMwr. aUl-<oRD. [pI 611w[q RgOM Yr 6 6inR![0. rR(R R(R wOi An MD YL[ MC[] l !m S4~ YI[ R KCO[Y[ Ltr KR 6 L LO OYD R ir6 YM Ip VR .rVa IIRR Y IFaOS KNDCAi.. YYO.I rmrt Pwf I4aA BAYf wrwlAi a[rw[D-w eoDl woes b. iMl1a Y [ .' D9A(XG wRD ry Rlw[AP WAPPLD nnzw. srML yr~ri[z o wD11a .• 1q• SWQ9 9/ 9. 1rAO~ UKN 1440 IKPU 9M[R P~yaf DAOULL Ira .S RSOr[D. iYV Mp .AKM MeD PI/i[( Yi YpDflHr w V1459/RLD SQL Yw. a0' 9m1Va1 d/JICR4 TYPICAL MEDIAN PALM TREE PLANTING N. T.S F.D.O.T ~ N I._b. 3' R rl 8' Z._D. 75~ R 7.Sx 57D. 6~ YN. ~ Rcw 1xm a ww fQ R Rwrn K ann>m R K Rrtv sl.Ia wla K alm fP[ R K s.Rli rlEari 1E K REaO R K r ML R f- rw9R ANDARD TYPE "E" CONCRETE CURB N TS 1.' f J~ BAO(FLL YY S TAMP AN RATER N 7 SEE SPEpFICAII[R[S TYPICAL GROUNDCOVER PLANTING N TS rui KRUDK 1(M, 1 - e' ay1Qr rW WRAIi' /R. 1• M0.01 UKP ~ cYRD wLO1n 9a1{9F rosslRE ~9DADW v..a H/A1 Yi f.NIP 1Yp WR11 wi0 PUQ moKrzo HAwx Ya TYPICAL MEDIAN MULTI-TRUNK TREE PLANTING N. i.S. TYPICAL SHRUB PLANTING N1S ItIITSHC~L19 D1CU• RIRRIRO • IICR112CTr21 nw uuu. nRnuuRa liiuriu •i~ ilr iiil gill CaREENSCAPE OF JACKSONVILLE CITY OF ATLANTIC BEACH Ig9t~ FD.O.1 HICaHWAY BEAUTFIGIATIONI GRMIT ATLANTIC BLvDf5R90) MAYPORT OVERPA55 TO THIRD 6TREEt (AIA) ~~ Cwr el •1 x.i lxe.x .,c SNRRT 7TTlR DETAILS, NOTES AND BPECIFIGATIONB O DMRI tTY: l:N{GIRD BY: f1~ ~ t1 Reluseo roR : own ~MWLI+M. RY O R[PIJIDNS PRDlECTO OMr 1 W -RM O SC.Ul RIICCT NIxYDRR ~ i-is a o i ^ - - - - - N 1A ~{ 0 A >> -~- ~I :ap5 15L6vD Q 7Np m z 0 A z 70 D v ~~~ ~! GREENSCAPE OF JACKSONVILLE CITY OF ATLANTIC BEAGN 1996 FD.O.T. MI(sHJJ4Y BEdiITIFIGATION CsRdM dTLdhT!C BLVD. tSR. l01 IMAYPORTOVERPA55 TO 1 THIRD STREET fAlAl - -=~.,.- d~ r • ,pus.. ..a sxeer rrtlrz PLANTING AND IRRIGATION PLAN O ORA1rv BT: CXECEED BY: REl.v~seD roR : Dire J~ >m. ~. O REVISIONS EMOPPES OF NORTH SFIORE FAMOl:S RHOS ResraJJQavT GPTE ~~ ~- RROJECf ~ NXYBEP -. . ;.,. .y¢ SCAIE O "d0' i ® L-!I NORTX O IZ _ATLANT I G BOULEVARDCS.R.9m) i i i i i ~ - - -~ - - .,. 1 1 ~ T:1 ' T8J5' BARK 1 ENpLE55 LAURA PLAZA ',AfttER TAN SALON -, POF'ETES L~ LEWIS REALTT ATLANTtO EAST OFFICES Isr I ATLANTIC BOULE VARD(S.R.°~0) F'AfdGrYa LOT SALT AIR ~ GENESIS GROUP. INC. ITIATIYIC~LAX D/GArI ruRRlRO. ucnuttau 11111111111 ~ ^NDINIllIMO ' ii::i gyn. n.. .:i,i i. ~iiii ' I GREENSICAPE OF ' JAGICSONvILLE: ' GITY OF ATLANTIC BEACH EL' 1996 FD.O.T. NIGNUlAY _.~ -~~ BEAU?!FIGATION GRANT -~~ ATLANTIC BLvO. (SR.101 • ' /~ MAYPORT OVERPASS TO _ ,THIRD STREET IAIAJ ( ~ ' s SNEET Toil ' ' PLANTING AND ' IRRIGATION PLAN C DRAIIH BT: CNE[CCD BY: TA K11! ' I RELEASCD POR DATE I JLY J0. MJY I ' RE„ISIDNS ' _ P U i RGIEC7 N ~ ..r u SCALE SNCCT NVNBCP ~~ L. - ~m1 NORTX d IZ 1 !1 i ~~' ATTORNEY'S OFFICE ~~ -~ !~ ~ nARTHA's t I BEAUTY I SALON I --J .~ - - - - - - ' < ,.. ~. ~ ~' - ' ~.w. ~ _ c c c ~_ WIO }Y1 -1 - - - - - - ' PAFlG1NG LOT 1 ' J Q i ' ~ U-HAUL ATLANTIC PALMS PLAZA ' ° i~ a-u.. r,~ln~-nu ' ~~ ' !GREENSCAPE of DIP-N-SIP ~ ' ~ JGCKSONVLLE 0 ~ ~ CITY OF PAPoCItYa LOT ~ o ' !ATLANTIC BEACH /; j~ ~ 1996 / \\~~_ FD.O.T. NIGNwAY ~d BEAUTIFICA,TION GRANT ' I ATLANTIC BLVD. (SR 101 _ - ~'"' I MLYPORT OVERPASS c ° c ° c ° --z - c ° c- - -tY- 1 - . -_~i° TO ` ~ THIRD STREETIAIA) unV.. ATLANTIC $OULE VARDIS.R.9m~ - - - - - - - - - - - -1 "~ - - ' S7feE7 TTTiJ? ' I PLANTING AND IRRIGATION PLAN PARKING LOT ' - O DRxnv er: cxecEen er: +~e cis 5~5T4 ' i RElEA5eD0 BANG ' ~I REVISIONS ' I VROJER NVYDER : I 'A'~:Y. -ZC I SCAiJ? SxeEi NUYBtR "40' I~ L-9 NoRrx o- IZ ~~ 1 I I R .5 u0•RI )•LIT . ~r i~! ;f s ~.~. - - :~ - 1 5E`Ii40LE PLdZd L -- BE _. I II vdCANT BLLJC I 675 dTLdNTIC MONANAN'S ~II WME CLUB JEWELRY WL`~N 1 WIL` 1 OPTICI645 ~~ I! r c c ,3 ~ o e c ` o t _4 .4 I ~ -I C -G _ ' f_ ..~ _~ ATLANT IG BOULEvARDIS.R.90J PdOCNG LOT ' KENTUCKY FRIED CHICKEN ' BLOCKBUSTER I W z d tM-f ~ I GENESIS GROUP, INC. ti tLT t01t ~ LAN Dtt)!t lL~MNINO .LtttlTt CTttt ' 11111 111111 ~tM01Mtlt IMO ,' ~iau u.~u, r~, nl-nu IY~I ~ ;' 11 - GREENSCAPE of ~' JACKSONVILLE I' CITY OF ' ATLANTIC BEACH 1996 FD.D.T. HIGHWAY BEAUTIfiCATION !:RANT ' AILANTIG BLvD.(SR.10.1 MAYPORi OVERPA55 TO ' ~ THIRD STREET lAlA1 ~~ ~> -_ _ ~- ' RxeET Tres ~ PLANTING AND IRRIGATION PLAN 1 OIG~N BY. CNECCED BY: 7 TYD [!D[ ' - O REIFASEU FOR Dt7E ' ~ JdY. ~. 1lt0 REYISIOFS -~ FRO3ECT NUYBER ~•;~~_~ ~~ SLUE SNEtt YVYBER I•.30 I ~ L-8 NORTH of IZ 1 1 1 D T ill O I A TuE BFEAIffAbT NOOK < O1 vacarT nor ,,, .~• .~.......~e.. ..~ ~'1 •-~n ~. 3. v ~ v ~ ~___ ..,.. _ v __- c__- ~ - I-..~_ __~-t- - ^ ---1 - - - - I 1 I._-) _ vecenr t.or 1 m r m w BOULEvARDIS.R.9©~ L ~_~_ A t L A N T I G r I - t~ Q ~P TO ~L h 1 1 1 1 1 GENESIS GROUP, INC. Ir1•nalc~uNOl Care tc•NNINO.•ICe1TICTll1 111.1111111 ~ 1^OlelellNO Ou ,tl,,, , GREENSCAPE OF JACKSONVILLE CITY OF ATLANTIC BEACH 1996 FDO.T. NICsMWAY BEAUTIFICA?ION CsRANT ATLANTIC BLVD. BR 10) "' ~ MAYPORT OVERPASS - -{ TO THIRD STREET (AIA) - a_~ steer rlTlJ:: PLANTING AND IRRIGATION PLAN olu-n er: cxecl® er: rue rJa REWSeO fOR WTE JY1. >m.7I ~~ ReVLS10N5 PROJECT NIIYeeR O SCAIE SNLCf NIJIOLR x'40 ® ~_~ NORTii p Q a m a u a x eu Y_ i g SEAF70D KI'CNEN DAND Hp1~aAN LIL' CNA^'IP FLOR'ST °IC N SAVE PAH:p~G LOT - - - - - -1 - - - - - - - - - - - ,le ~.~ ~ a 'ia ~~za Esc - - +- - - - I ~tY- -f - ~- - - - I - - - - I -tip-- ~~.~ ~~ ~ ATLANTIC SOtJLE VARD(S.R.90) J. ' BurzGER KING a 6 SHELL GA5 r°"~ IRRIGATION PLAN ~-- r McD4L SEFVICE pRARN B 0: Tu0 KIR _.- ~ - + REIEASED EDR O~TE J41. l0. R1K ' RYYL SIONS ' ~ PROIER NUYRYR iG•i^.:S ~LL O SCIJi SNLlT NVNBLR ram L-6 NORTH R Y1 GREEiNSCAPE OF JACKSONVILLE CITY OF 4TLANTIG 9EACN 19°~0 FD.O.T. NICsNWAY BEAUTIFICATION 4RANT ATLA4TiG BLvO. (SR 101 MAYPORT OvERPA56 TO THIRD STREET (AIA) 1 ' I sxeer rms ' PLANTING AND ' ~ ~ ~ __ ' ATLANTIC viLLAGE SNGPPING CENTER ~ TEXACO ' 1 PARKING LGT DAIRT QUEEN GAS ' STATION t PIZZA WT ' I I ~I _ ~~ Avo m~ rTre r nc oe .N.~ I saw 4 e - - f - :: ~-tf~- - - - I --- - - - -fir. ~_ _ ~ ^ .~ ~-.W,.......~a1. "°` ~' ATLANT I G BOULE VARDCS.R_90) j -1 - - - - - - - - - - - - - 1 ' ~ i ' BDNOS ' HAY S DRI~C GN I ' PEIWAN PLAZA I I PARKING LOi SI:FL'.aER I it KING I ~ ~, I ----- I ~ ITIUTt OIC ~LAR Of CA I! Il•MR IRO. AICIITICT01l IIII1111111; 1M01RlIlIKO ~~ CsREENSCAPE OF JACKSONVILLE CITY OF ATLANTIC BEACFI 1906 FD.O.T. NICsFiWAY BEAUTIFICATION CsRANT dTLANTIC BLVD.lSR 10) MAYPORT OVERPASS TO THIRD STREET (ALA) a. ..~ ...e.. ~.~ ~~ SHEET TH7E PLANTIN!s AND IRRICsATION PLAN -~ DRA11N BY: CHECKED BY: Tub SN[ RELEASED FOR DATE : JAN. J0. 14Y REVISIONS ~ PROIER ~ NUMBER 'si • :-:S ~GL C SCALE SHLEf NVYBLR x'90 'L 55 NoRrx d tt ills HlC~IAN DICl1• LA^NIND .IICIIiICilll ull uua .IN Ollluula w ................... ~~ u., ....nu r~i~~.... u. 'sREEN$GAPE OF JAGKSOIV V I LLE CITY OF 4TLANTIC BEACH 199rc FD.O.T. NIGFIWAY BEAUTIFICATION CsR.CM diLANTIC BLvD. (SR 10) MAYF'ORT OVERPASS TO THIRD STREET (AIA) ~e "r _- ......._ .. ~~ sheer TRIE PLANTING AND IRRIGATION PLAN DRAIN BY: CNECIlYD BY: M1O KIK r~~ REIiASED fOR DATE Ja4 ~ X951 ReY1510N5 PROIeCT NUYBBR : f •:°:5 CC SCARSCAIt 50 ^nm - ~ NORTi1 01 I] PEER I i-1PORT5 ' e -1 - - - - EXPf~55 L~ ~ ~ GENESIS GROUP. INC. ' ITl1TIOIC ~EANDICA IB IIINNINO.1lt^ITlCT111 11111 !1111! ~ 1R 01X111110 ' i:i u'n. .... ru n. .... I ' CsREENSGAPE OF SO ' JACK IVVILLE ' CITY OF ' ATLANTIC BEAGN 1996 FD.O.T. NIGNWAY __ _ __ ~-. BEdUTIFICATION GRANT z ,_„~, „~ ' I dTLdNTIC BLVD. (SR 101 f03 rvr ..~ :,, -non ,.~. MAYPORT OVERPASS »~ .... ~ ..~ I THIRD STREET (AIA) - - - .m.......~,.. - - - - --i I ~ ATLANTI G BOULEyARD(S.R.9m) =""- ~~ 1 4 1 SXElT 7Tf1E ' PLANTING: AND ~ I ' IRRIGATION PLAN O LGtia JC7FN SE~OFOOD ~ ' ~ DPwXN BY: CNECICED BT: a gypppE ' ~I REItAS[D IOR : DATE JAAL J0 iri ~ ~ ' RET610h~ I ' 1 I I,I51p :' _R SthTJ °-~'Il' 'll 5?c l.K..a,.oE ^ 1^ O i PROJER NVYBER SCAIE : SNFI7' NIiYHER : ~'4m' . I ~ L-3 NoRTN O R IillTlllC~LAN D1CA re 1IAxxIx0 ~11Celt l[tell 11111111111 ~11 O1x11Ileb ^ I u 1, 1J] covert .ena. ~J 1 - - - - _~ I I 1019 ATLANTIC crznv~ auTO•IOTIVt_ ~ L~ AT~avTlc nivl SraaAC+E ~'=~ I0~ 105 ^.4 10) y ~i ~-~ - sw J ATLANT I G BOULEvARDlS.F2.90) 1556 ATLANTIC ' i u~u 11 Iln ru tY,~1n• 111•I ~ ' ' GREENSCAPE of ' ~ JACKSONVILLE ' CITY GF ' ATLANTIC BEAGN 1996 FD.O.T. FIIGNWAY ' ~ BEGUTIFICATION GRdNT ~~ ~ , aTUanc elw. rsR Imi ~MATPORT oveRPASS TO THIRD STREET IAIA) ~~ 1 ~= I a ' Sxeer TTrI~ ' PLANTING AND IRRIGATION PLAN ' O DRAeX BY: CHLCI~D BY: r~ c11[ 1 ~° ~ ,w >d ~. xLYI310x0 PkOIQR YUYBZR ~~•:: » ee SCAIL O SNRT NVYBLR I•q0' ® L-2 MORTX p R 1 ~~~ i ~ ~ ~ ~- 1 ~ ~~ .I ~„ r_ ~ L-2 C, (_ j -~1 ~- o ~ 'L-~ n r ,~ ' C--, i 1 -- - -~-- - ~.-~ 1~ C I - i~ ~ • -= ~i1 L-5_ IJ ~~ -_ ~~ ~°~ 'I o-~~ rnAruw~LANOt<u^ I INM NIRO . ALC~Ir I<i0t1 ', rl.,r .111.r..IlY1....IRD 1-- GREENSCAPE OF JACKSONVILLE CITY OF ,ATLANTIC BEACH 1996 FD.O.T. HiGNWA7 BEAilTFiGATION CsRANT 4TLANiIL BLVD. (SR °~l MA7PORTOvERPASS TO THIRD STREET(AIAI _~___ ~~ ::. _ --- I' I ,, ~I ~-~ ~ ~I~ rIIJLJ ;-_,~' - I ~' Imo', ~ ~ ~~ ~~ °I iJ I I ~ u 1 U~ ~ ~; Ay-- ~~ , ~ ; ---~------ ------------a 3~es---- --- -------- ------ 1 _ - - - • -- _ _ _ _ _ _ _ _ _ _ _ _ _ i - i SHEET TTIIP I ~ ~ OVERALL PLAN L";1' i,l'~ I ~-~ ~ KEY SHEET =r--~---_-___= , I DIGRN BY: CHEC{~D BY nuB rJft ~: j ~ REIFASEO i0R : DATE ,~L>o u I ~ '' REVISIONS .St ~~ ~ Irk VROJECf NUMBER m•:n u -SCAIE SNEEf NUMBER r.ym L-I NORTH O R A FLORIDA DEPARTMENT OF TRANSPORTATION NIGNUJAY BEAUTIFICATION GRANT APPLICATION FOR A C BOULEVARD MED~~N P G 1"iAYPORT R0~4D TO THIRD vTREET S.R. 1~ / A1A ATLANTIC BEAGµ, FLORIDA SUBMITTED BY: C~REENSG~4PE OF J,4GKSONVILLE CITY OF ~4TLANTIC BE,4GH LYMMI FLETGNER, MATOR 3100 WIVER8ITY BOULEVARD bOUTM 800 6iMMOL[ ROAD JAGKBOWVILLE, FLORIDA 32216 ATLANTIC EftAGN, FLORIDA 32233 904-124-bbib 404-124-2113 FAX 904-241-bE00 G AND IltRIGATION PIANS PREPARED BY: GIIVESLS GROUP INC. LMmOC.F. Aau+ItEe~b ~~ FLWi~Rb D7E0 pATT7~DOYl6 Roar eula I6 JAQC60NHLLi. FiORID4 32216 sm4-,av-s>t6s ohs-1~o-,ws F.,X ___ _ w =.: J ~' CITY OF ~tlaKtie ~iae! - ~loTida Dw sFA,iu:o~.E taoAn ___ _ ._ _-_ __ _ A71AIV'i7C tEACit, F10RIDA S33J15K5 'ri'g ~>'~OtiE (>a) 2l1-5808 ~~ FAX (>al 7A7-SIDS February 26, 1996 VIA FAX To: Lyman T. Fletcher, Mayor From: Maureen King, City Clerk Commissioner Shaughnessy has asked me to let you know that she has a previous family commitment this evening and, at best, she will be late for this evening's commission meeting or she not make it at all. She has requested an excused absence. Comment #42 Has not been included in ordinance. Comment #43: Has not been included in the ordinance. Comment #44: This item has been included in the revised ordinance. Comment #45 The Committee feels that the director, as the City's authorized agent, is the one who makes the decision concerning the administrative order. With the expanded definition of the Director this is taken care of Comment #46: This is point is well taken. It is our understanding that Class D offense is defined in the code enforcement portion of the ordinance of the City of Atlantic Beach. If this is no[ the case, then the Class D offense should be defined in this paragraph. Comment tt47: This is point well taken and has been incorporated. Comment #48-#63: Reflects the language in the original ordinance. The Committee recommends that these items remain unchanged Comment #65 Only the City has the authority to perform inspections in relation to the building permit It is the responsibility of the City to insure that the conditions of the building permit are adhered to. These inspections coincide with the normal inspections (i.e. electrical, mechanical, etc.) that the City normally runs before the Certificate of Occupancy is issued. Comment #66C Have not been added to the revised ordinance. to the building permit requirements. It is the intent of this ordinance that all trees transplanted or replaced should be guaranteed fur one year. Comment #28 This is a valid comment. Since the building permit is a inning function, the Code Enforcement Board is the appropriate body to handle this enforcement Comment #29 This item has been corrected in the definitions Comment #30 It is a County standard as well as an Atlantic Beach standard to set up language that would determine the cost ofz replacement tree for mitigation purposes. Since a dollar figure would change over time, we used a county standard to determine that cost on an annual basis Comment #33 The City should have a copy of this tree protection guide. A copy can be secured from the county to be placed in the City's library to be used in answering questions that may arise in the permitting process Comment #;4 This comment has been addressed at comment #2 Comment #;5 Again, the Ciry is responsible for keeping current with standards. A copy of this document can be acquired through the County and be placed in the City's library. These documents are readily available from all nursery men and landscape architects. Comment #;6-#39 The Landscape Committee feels that the Notice of Violation section of the ordinance is clear and concise in its description of Notice of Violations. Notice of violations can occur in one of two ways; 1) if the applicant did not secure a site cleating or removal and relocation permit or 2) if the applicant fails to follow an approved application. These two operations constitute a violation to the approved building permit. However, we have rewritten the paragraph to correct some of the language. Comment #40 The Committee feels that this section of the ordinance is accurate. It is the intent here to stop the work in order to get those violations wrrected At this point in time it is not the intent to delete or cancel any building permits. Should there be no correction to the violation, then the City has the right to cancel the building permit and issue a fine Comment #41 We concur with that language and have incorporated it in this ordinance This also provides a mechanism for the City of Atlantic Beach to upgrade and enhance its standards drawing on a recognized publication as its basis Comment #22: The publications located in this ordinance reflect a standardization throughout Duval County The City of Jacksonville utilizes the same publication in their evaluations of all landscaping and trees included in their building permits The Tree Conservation Board is acting as the City's volunteer experts in the evaluation of these plans, therefore, the need for training and monitoring is provided by this group It should be noted that it is the intent of this ordinance to - I) Show on the building permit what trces are located on the site, 2) Show which trces are going to remain on the site upon completion of construction, 3) Provide mitigation for the removal of trees over and above the limits stated in this ordinance. I he ordinance clearly describes an easy mechanism whereby existing trees are shown and the number of trees removed. Therefore, the amount of training required on behalf of the City merely reflects the counting and evaluation of the difference between the number of trees existing versus the number of trces remaining in determining if they mcet the requirements of the ordinance Comment #2+ This is a good point, the ordinance has been modified to include the followine addition "by watering and other means necessaryto maintain transplanted trees by maintaining [he transplanted trees in accordance with the building permit." Comment #24 Not necessary Comment #25 Comment 25 asks the question of who is responsible for kceping current with the new replacement trce standards It will be the responsibility of the City to keep current, however, since all plans are being reviewed and approved through the Trce Conservation Board, the Board should be the arm of the City responsible for staying current. The Landscape Committee feels that Items I - 10 should remain intact Comment #26 Not included in the revised ordinance. Comment #27: The question is can an ordinance place a requirement like this on individuals in Atlantic Beach The answer is YES if it is attaches ordinance but not in the definitions. Comment #9 ~# 10: This is not recommended as the Commission already has such authority Comment #I I& #12 Definition #31 entitled "Vegetation, Native" has been deleted from the ordinance Comment # 13 The word "exceptions" was placed in the appropriate location. Comment #14: Mr Borno brings up a good point, however, the Committce felt it was necessary to include this item in here to keep people from removing trees under the exemption clause immediately prior to submitting a building permit for an addition or a modification to an existing lot. The Committee feels that this is an important clause and should retained Comment # 15 The item has previously been addressed at comment #2 Comment # t o Point well made That particular paragraph has been modified as follows "the requirements of this section may be temporarily waived by the Director in cases of declared emergencies, so that private or public work to restore the City will in no way be hampered Comment # 17 Point well taken, however, it may not be appropriate in an ordinance format Commen[ # 18 This point is well taken, however, during the formulations of this ordinance, the Landscape Committee felt that the Tree Conservation Board should review the site clearing and tree protection portion of the building permit prior to the City issuing the permit. However, the ultimate responsibility for issuing the building permit is with the City of Atlantic Beach. Comment # 19 The corrections suggested do not reflect the intent of this clause. Therefore, we have left the original sentence in tact. Comment #20 The Landscape Committee feels that the location of the mitigation definition is appropriately located and is not suggesting relocation to this spot in the ordinance. Comment #Z 1 The Landscape Committee feels that the ordinance should set up the criteria used in evaluating the existing trce canopy on each perspective lot proposed for development. Therefore, a standard has been included in this ordinance and should remain in effect. MEMORANDUM TO City Commission City of Atlantic Beach FROh1 Jim Lucas, Chairman of the Landscape Committee DATE February 4, 1996 SUBJECT Final Evaluation of Comments from Mike Borno We have reviewed the comments addressed by Mr Mike Borno in his December 7, 1995 submittal to the City Commission and have addressed each of the 67 items listed in his mark up The Landscape Committee ntet on Friday February 2, 1996 and have agreed on the comments below. We have attempted to address those pertinent items in the enclosed revised ordinance. In some cases, the comments will require Commission action and is beyond the scope of the landscape committee We have tried to address the minor comments in the enclosed document Those comments that we disagree with or feel that need Commission action are stated specifically below Comments are addressed by number in accordance with his marked up document Comment # I Natural plant communities has been deleted from the document. Comment #2 To clear up the controversy as to who is administering this ordinance, we have expanded on the definition of the Director. Therefore, the definition of City Manager and Chairman of the Tree Conservation Board is not required The definition of the Director has been modified by adding the following, "or City's representative responsible in administering building and site clearing permits " Comment #3 The definition of the Landscape plan is not included, but is pointed out in later sections of the ordinance. Comment #4 That clause has been added to the definition of mitigation. Comment #5 The definition of natural plant communities is not necessary and the definition of permit is defined in other ordinances and is not necessary in this ordinance. Comment #6 R #7 The Committee has concurred that the example drawing can be included in the ordinance as ATTACWv1ENT l The landscape committee feels that the description of protected and non-protected trees is very succinct Comment #8 The definition of the Tree Conservation Boazd has been described in other sections of this ordinance and is, thus, not necessary. It is described in ATTACHMENT I TREE PROTECTION 7.50' PRIVATE PROTECTED TREE PROPERTY LINE PRIVATE PROPERTY LINE 1 PROTECTED ' TREE 20.00" D B H OF 6_ OR MORE I I ~'- 1 I I )~' I I I~ I° I PRIVATE PROTECTED TREE - I ~ I to PROPEPTY r LINE ~ D B H OF 20 OR MORE i m oW I los i (D B H OF 10~ OR MORE IN ~~ ~~'' COMMERCIAL k INDUSTRIAL `~~~;x, =m ~ ~ ) PROPERTY) I '''jj~~\``"~~,,~d~,, owl I I PRIVATE PROTECTED TREE D B H OF 6 OR MORE 20.00' SIDEWALK PUBLIC PROTECTED TREE D B H aF 6" OR MORE (PUBLIC STREET) PROPERTY LINE SIDEWALK (PUBLIC STREET) A. PRIVATE PROTECTED TREE I. ANY TREE WITH A D 8 H OF: Slx (6) INCHES OR MORE LOCATED ON ANY LOT WITHIN TN£NTY (20) FEET OF A STREET RIGHT-'~F-WAY OR REAR PROPERTY LINE. SIX (6) INCHES OR MORE WITHIN SEVEN AND A HALF (7.5) FEET OF ANY OTHER PRIVATE PROPERTY LINE AND TWENTY (20) INCHES WITHIN ANY OTHER PORTION OF THE LOT. (ExCEPT 10 FOR COMMER- GAL 8 INDUSTRIAL PROPERTY) n 2. ANY CHAMPION TREE SO DESIGNATED BY THE FLORIDA DIVISION OF FORESTRY, [SPARTMENT OF AGRICULTURE. B. PUBLIC PROTECTED TREE SAME AS PRIVATE PROTECTED TREE PLUS ANY TREE SIX (6) INCHES OR LARGER WITHIN GTY RICHT-OF-WAY. PROPERTY LINE PRIVATE PROTECTED TREE 7.50' C. EXCEPTIONAL SPECIMEN TREE ANY TREE ON PRIVATE OR PUBLIC LAND DESIGNATED BY THE GTY COUNGL AS A SPECIMEN TREE. c,.,. ~+ ~e v_~_ SECTION 2. Severability If any section, sentence, clause, word, or phrase of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION 3. This Ordinance shall become effective immediately upon final passage PASSED BY THE CITY COMMISSION ON FIRST READING: _ PASSED BY THE CITY COMMISSION ON SECOND READING: Lyman Fletcher, Mayor .Attest. Maureen King, City Clerk Approved as to Form and Correctness Alan C.lensen, Esquire City Attorney 16 The City shall have the authority to perform inspections of the subject property during development for the purpose of ensuring compliance with this chapter. The applicant must pass inspections before further work is performed on the project. Abe-issne~if •Le J... ~1..~~.~_. .. ..1.. ..:.L L vCtL~~e1.~.:. ,~-.Le~ C ~..:.~III Of ~f9~@~fQF J Sec 23-25 Exceptions Requests for modification of the standards of this chapter shall be made to the Tree Conservation Board Upon receipt of such a request, the board shall thoroughly wnsider its merit and render a decision within thirty (30) days The request shall clearly and in detail state what modification or exception is being sought and the reasons such a request is warranted The Board may grant, modify or deny the request based on protection of the public's interest, preservation of the intent of this chapter or possible unreasonable or unnecessary hardship involved in the case IS is i; to carry out its responsibilities (d) It is the intent that at least two (2) members of the Board, if possible, be engaged in a business in the City (e) The Board shall. (1) Review applications for site clearing and removal and relocation of protected trees, and render a decision on applications within 15 calendar days of receipt of said application and prior to issuance of a permit by the Director as called for in this Article (2) Require mitigation of protected trees as called for in this Article (3) Bring to the attention of the Director any violations of this Chapter and recommend appropriate action toward enforcement and correction as provided in this Chapter (4) Review and make recomrnendations to the Director on requests for modifications of the standards of this Chapter (f) The Board shall hold public meetings twice monthly or at other times established by the Board, to review applications and to discuss issues and projects relevant to its responsibilities (g) The Board shall eadt~+ze-er~leny review, approve or deny requests for tree removal as called for in Section 23-?3 23.17 and may require mitigation of trees removed In determinine mitieation requirements the Board shall consider the followine I The existing tree canopy of the for 2 The tree canopy of the adjoinine lots 3 The topography of the lot 4 The efforts of the applicant to minimize the loss of trees through the size and design ofthe structure. 5 The cumulative effects of the tree loss 6 Tree removals will be conci tent with the intent of this chapter and will not be detrimental to the public welfare (h) The Board shall ant+~r+ze-er~eny review, approve or Berry requests for exceptions as called for in section 23-25. The Board shall disseminate news and information to the public regarding the protection, maintenance, removal and planting of trees The board shall prepare a list of trees suitable for planting street rights-of--way, parks, and other public places and certain private property as may be needed 12 (3) If the site has been cleared and the trees have been removed from the site so that the Director is unable to determine with reasonable certainty the number of protected trees removed in violation of this wbpart, the violation shall be corrected by paying a civil fine of up to 31.00 per square foot of land cleared, which fine shall be assessed by the Code Enforcement Board. The contributions and fines assessed under this subsection shall be payable to the City immediately within seven (?)days after assessment All amounts received by the City pursuant to this subsection shall be deposited in the Tree Replacement Account. No work shall continue on the site until the tree replanting plan has been approved and/or the contribution or fine has been collected. (dl Appeals A person aggrieved by an administrative order, determination or decision of the Director may appeal the order. determination or decision to the City Commission (e) Violation and penalties. A person who violates any provision of this section, and fails to correct the violation as provided herein shall, upon conviction thereof, be guilty of a class D offense and punished accordingly. A separate offense shall be deemed to have been committed for each tree removed, damaged, or destroyed contras to the provisions of this ordinance (f) Judicial remedy. In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the City of Atlantic Beach may seek injunctive relief in the Circuit Coup to enforce the provisions of this section. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs in an action where the City is wccessful in obtaining affirmative relief. tier_ ~-19 free Conservation Board ter) There is hereby created an administrative body to be known as the Tree Conservation Board composed of five (S) citizens of the City Each member shall be appointed and approved by the Cih Commission An ec otlicio member shall be an individual trained in arboriculture, landscape architecture. forestry or some other closely related field. (h) All members of the Board will serve without pac The members shall be appointed as billows T+vo 12) for t+vo (?)years and three I ±) for three 1 ~) years and serve until their successors are duly appointed and approved by the City Commission Successors to the original members shall thereafter be appointed for terms of three (±) tears Vacancies caused by death, rrsienation or otherwise shall he tilled immediately for the expired term in the same manner as the ori~sinal appointments ate made \1mbers of the Board may seek reappointment but they shall not serve more than two 1?) consecutive terms Ic) l:-pen appointment and approval to the Board, the members shall meet and organize by the election of a chairman and secretary Rules and procedures shall be adopted for the holding of re~~ular and special meetines as the board shall deem advisable and necessary in order Protected trees shall be pnuted to remove dyad or damaged limbs artd to restore this natural shape and fertilized as necessary to compensate for any loss of roots and to stimulate root (growth. Any damage to tree crowns or root systems shall be __ repaired immediately after damage occurs. 7, Enforceatent; violations and penalties; stopping work, correction of vioation,• assessment and recovery of civil pcnakies. (a) .....Notice of violations. Whenever the Director has evidence that a violation of any provision of this ordinance has been or is being committed, he shall issue a written notice or order upon the violator by personal aetvice, certified mail, or by posting a copy in a conspicuous place on the premises where the violation has occtrrrred or is occurring. The notice shall briefly set forth the general nature of the violation and specify the manner and a time within which the violation shall be corrected (b) _ Stopping work. Failure to correct violations within the time period set forth in the Notice of Violation, shall constitute grounds for the issuance of a Stop Work Order. All work on the site shall be suspended until the violations have been corrected ... _ - (c) Correction of violation. A violation of this ordinance shall be corrected as follows (1) _ By paying the permit fee due the City for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application which would have been due had the permit been obtained prior to commencing work, and by replacing the protected trees removed without a permit with new planted trees, unprotected trees or transplanted trees. The total caliper inches of the replacement trees shall equal fire total caliper inches of the protected trees removed. A tree replanting plan showing how the damage caused to the site by the viohttion will be mitigated shall be subject to the review and approval of the Trce Conservation Board and the trees installed within the time limit stated on the permit. Replacernertt trees shall meet the requirements of Section 23.17.5, except that the minimum capper of the repiacernertt trce shall be four (4) inches, and the plan shall meet the requirements of Section 23.17.4, to the extent applicable; or (2) BY Paying the permit fee due the City for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application, which would have been due had the permit been obtained prior to commencing work and by making a contribution to the Tree Repaacemem Account to compensate for each replacement tree which is trot phtmed The amount of such contribution spa!! be detetmiaed pursuant to the formula described in Section 23.17, 5, b,(10); 10 tree fur one year Failure to maintain the trees shall be deemed a violation of this Code. 18) A tree used for replacement shall be at least ten (10) feet from arty other tree planted, transplanted or preserved. (9) If the applicant demonstrates to the satisfaction ofthe Director that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall provide a monetary contribution to the Tree Replacement Account The amount of such contribution shall be determined as follows: For every two (2) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a pltutted two (2) inch caliper nursery grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a comainer grown, and a balled and burlaped two (2) inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October l st. 6. Tree protection during development .All protected trees, preserved understory vegetation, and trees retained for tree credit, pursuant to Section 23.17.5 hereunder, shall be protected from injury during any land clearing or construction in the following manner (a) Prior to any land clearing operations, tree limbs which interfere with construction shall be removed and temporary barriers shall be installed around all trees and other understory vegetation to remain within the limits of land clearing or construction and shall remain until the completion of the work. The temporary barrier shall be at least three (3) feet high, shall be placed at least six (6} feet away from the base of any tree, shall include at least 50 percent of the area under the drip line of any protected tree or trees retained for tree credit ptrrsuam to Section 23 17 5, and the barrier shall consist of either a wood fence with two by four (2x4) posts placed a maximum of eight (8) feet apart, with a two by four (2x4) minimum top rail, or a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. Tree protection steal{ t:omply with the guidelines in the ?ree Protection Guide for Builders and Developers by the Florida Division of Forestry and any other reasonable requirements deemed appropriate by the Director to implement this Part. (b) No materials, trailers, equipment or chemicals shall be stored, operated, dumped, buried or burned within the protected areas. No attachment, wires (other than protective guy wires), signs or permits shall be attached to a protected tree. (c) When removing branches from protected trees to clear for construction or pruning to restore the natural shape of the entire tree, the guidelines in the Natiorta! Arborist Association Pruning Standards for Shade Trees and the American National Standards for Tree Care Operations (ANSI #2133. I}shall be followed. with the building permit. (b) , Protected trees identified for removal on the site clearing of tree removal permit application shall be replaced with new planted trees, unprotected trees or transplanted trees. Protected oaks removod shalt be ngttaced only with oaks. The total caliper inches of replacement trees shat! equal one half ('/:) the total caliper inches of protected trees removed; unless otherwise approved by the Tree Conservation Board. If multitrunked trees are used as replacement trees, then the total caliper of the four largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacemem will be required for protected trees which are determined by the City to be dead or deteriorated as a result of age, insects, disease, storm, Ere, lightening or other ads of nature _, , (I) New replacement trees shall be a minimum of Florida Number One defined in the most current edition of the Grades and Standards for Nursery Plants, Part I and II, pubhshed by the Florida Department of Agriculture and Consumer Services. Trees shall be a species having an average nature crown spread of no less than thirty (30) feet in Northeast Florida Trees shall have a minimum two (2) inch caliper and a minimum often (10) feet in overall height. (_) Existing trees, three (3) inch caliper or greater, which are not protected trees or transplanted, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in Section 23.17, 5. (3) New, preserved non-protected, or transplanted oaks used as replacement for r:,:roved protected oaks shall be four (4) inch caliper or greater. (4) Existing protected trees which would otherwise be removed from the site because of development, may be utilized to satisfy tree replacement requirements if transplanted to a location on the site which meets the requirements of Section 23.17, 5 (>) If protected tree removal is associated with ttew developmem, the name, size and location of all replacerttettt trees shall be shown on the required landscape plan and such trees shall be installed prior to the final building inspection and issuance of the CO. Otherwise, the name, size and location of the required replacement trees shall be shown on the site plan required for site clearing or tree removal and such trees shall be installed within the time limit stated on the site clearing or tree removal permit. (6) Existing non-protected trees, transplanted trees and new trees used for replacement become protected trees. (7) Replacement trees shall be maintained by watering and guaranteeing the (a) Permits for site clearing and the removal or relocation of a protected tree shall be obtained by filing an application. Approval of the application by the Tree Conservation Board and issuance of a permit by the Director shat! be required prior to any (and clearing or grubbing, prior to arty disttubance of the root system or site development, or prior to the occurrence of any changes to an existing developed site The site shall be inspected to insure compliance with the approved site plan prior to arty additional permits being issued. Applications for site clearing and tree removal or relocation shall include the following (I) A site plan, at a scale which clearly illustrates the requirements of this section including the following (a) The lot configuration; (b) The location and idemification of existing and proposed improvements, if any, including structures, water retention areas, pa~~ng. grade changes, utilities, easements, and street rights-of--way or approved private streets: (c) The location and identity by botanical or common name and dbh, of protected trees to be removed, relocated, or retained; (d) The location of preserve areas; (e) The location of ingress/egress corridors and staging areas; (f) The location of all temporary protective barriers; (g) The location of all trees to be used for mitigation credit. (2) a statement explaining why the protected tree is proposed to be removed or relocated. (b) An application for a permit for the clearing, removal or relocation ofa protected tree shall be reviewed as designated in 2a above and a decision shall be made thereon within fifteen (1 S) working days after receipt of wch application or by agreement by both parties to a time frame. (c) Any person, organization, society, association, corporation or agent thereof wfio intends to trim, prune, cut, disturb roots, or to destroy or remove arty trce from a public easement, public property or right-of--way shall obtain a permit from the Director. All work shall be conducted in stria accordance with the National Arborist Association Pruning Standards for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and any additional conditions cf said permit. The City and its franchise agenu are exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of arty tree within a public easement or right-of--way. 5. Mitigation criteria and procedures. (al Any relocation of trees in compliance with this section shall be performed in accordance with accepted industry practices, including watering to insure survival of transplanted stock. Transplanted trees must be guaranteed for at least one year by watering and other means necessary to maintain plamed trees in accordance verbal authorization to remove a protected tree may be given by the Director. .............. (c) , . During tbe period of an emergency such as a hurticane, food or arty other aahual disaster, tbe requirements of this section wtU be tea~Orarily vi+aaivod by the Duector in cases of declared etrter so that private or ptd>ric work to __ _ ._.. restore order in the City will in no way be hampered. 3. Minimum tree standards (a) .; , Minimum tree standards shall apply to all lots effected by permitted development, redevelopment or renovation valued at $10,000 or more. (b) ,:; Unless otherwise provided in this section, a minimum AUrnber Of trees 511811 be planted or preserved upon each site, pursuant to the following standards which are the minimum requiremems for landscaping within tbe City of Atlantic $each. Trees shall not be of card where they interfere wicb aaP dra••+aQe eR t., ttu ~+ shall require freguealt pruning in order to avoid interference with overhrrd tv lines. (I) ,Minimum tree planting requirements for alt residentially zoned property upon which either asingle-family dwelling or a tnobt7e home on an individual lot is located or to be located: Oce (1) flinch caliper tree shall be planted and/or preserved for every twenty-five hundred (2,50(}) square feet of lot area, or portion thereof, exciudirlg therefrom preserve areas and water bodies. Preserving protected trees wil! offset this requirernerR. No more than fifteen { ! 5) new trees or a total of 60 ittdles I1BH d1a11 be . required to be planted and/or preserved on arty lot. (2) Minimum tree plamirlg requirements for all non-residential zotral property upon which either asingle-family dwelling or a mobile home on as individual lot is located ,; (1) .One (!)tree shall be platted and/or preserved for every ~ ......thousand {8,000) square feet of pared area or portion ther+eo~ excluding therefrom preserve areas atld water bodice in a8 , commercial distncts, except as otherwise provided herds. (ii) ;One (I) tree shaA be planted and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefiom preserve areas and water bodies is any .> .......... industrial district or public (govertltnent) use dtstrrcx 4. Permit procedure aced criteria for tree removal, rdocatioe and rePtaeemest of protected trees. ....,, .- _.. .._,. overall height of a minimum of fi#teen-(-I-~) twelve (12) feet in this area -end-is (27} :Tree removal Any act causing the death and/or elimination of a tree. (28) ,Tree Replacement Account An account created by the City of Atlantic Beach to be used exclusively for tundingpublic tree planting projects including_up to ten percent (10%) of~the cost forgeneral landscape material. Donations to this account shall be on a voluntary basis and will include all monies collected Section 23-16113) lLlonies spent from this tree replacement account must have prior approval of the Commission (29) s L'nderstory Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees (30) Unique or special characteristic A tree of unusual species, configuration, size, age or historical background, including but not limited to a live oak, cypress or magnolia tree of thirty (30) inches or more in DBH Sec- 23-17 Tree Protection 1. Applicability. The provisions of this section shall apply to all protected trees within the City, unless specifically exempted herein. 2. Removal of protected trees prohibited; exceptions; (a) No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall cut down, remove, damage or destroy, or shall authorize the cutting down, removal, damage, or destruction of any protected tree, as defined ins 23-16 (20) hereof, or shall cormnit any tux or authorize the commission of arty as which physically removes a protected trce or causes a tree to die, such as damage itttlicted upon the root system by heavy machinery, chemicals or paving, changing the natural grade above the roof system and tree damage permitting infection or pest infestation, without 5rst.having obtained a permit as herein provided. (b) The following protected trees are exempted from the provisions of this section: (1) Any tree located on any property upon which either asingle-fiutrily dwelling or a mobile home on an individual lot is located unless a permit for development, redevelopment, or renovation, valued at S 10,000 or more, is require, or anticipated within six months foQowing tree removal; (2) Any tree located in botanical gardens or in state-approved or governntettt __ nurseries and groves which are grown for sale or public purpose; (3) Any tree that poses imminent danger to the public health, welfare or safety, and requires immediate removal without delay In such instances, (A) with a dbh of six (b) inches or more located on any lot within twenty (20) feet of a street right-of--way {including an approved private street or other access easement) and 20 feet from the rear lot line or located within seven and one-half{7-1/2) feet of arty side property Lne, or (B) a tree with a dbh of twenty (20) inches or more located elsewhere on a residential lot and a tree with a dbh often (10) inches or more located elsewfiere on a commercial or industrial lot (2) Public protected tree. .My tree located on lands owned by the City, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the City, or-other governmental agencies or authorities, or upon which other ownership control may be exerted by the City.. or other governmental agencies, or authorities, including rights-of--way, parks, public areas and easements for drainage, sewer, water and other public utilities, with: (A) a dbh of sis (6) inches or more located within a City or other governmental right-of-u•ay, or located on any parcel within twenty (20) feet of a street right-of--way or rear pazcel line, or located on any parcel within seven and one-half (7-I12) feet of any side property line. or (B) a dbh often (10) inches or more located elsewhere on the parcel. (3) Eueptional specimen tree means any tree which is determined by the City Commission to be of unique and intrinsic value to the general public because oti its size, axe, historic association, or ecological value or any tree designated a Florida State Champion, United States Champion or World Champion by the American Forestry Association. The City Clerk shall keep a record of all specimen trees so designated and thdr location. (21) Protective barrier A man-made barricade to prevent disturbance of the tree's growing environment (22) Public place All grounds owned by the City (23) Razing To scrape, cut or otherwise remote existing trees (24) Site alterations Any manmade change, disturbance or damage to the existing topography or trees (25) Street The entire width of public right-ot=way (26) Tree Any self-supporting woody plant of a species which normally grows to an (7) ,;;a Development, redevelopment, renovating Any construction for which an application for a building permit must be made prior to initiation of any improvement Also, in the case of vehicular -use paving, any preparation or pavement (concrete or asphalt) of a site intended for any type of vehicular use (8) Director. Community Developtttenf Director or City's representative responsible in administrating building and site clearing permits. (9) .;.- Dominant species The specie occurring most frequently. (lU) ;. Dripline An imaginary line extending perpendicularly down from the outer-most branches of a tree (I 1) ;Excavation The act of digging, cutting or scooping soil or in any way changing the existing grade of the land (12) ., Hazardous A danger by virtue of location and/or presence of defects (li) . Mitigation Trees required to be planted on property to reQlace a percentage of the trees removed during construction a° defined in section 23-17 3 or alternately, funds deposited in the Tree Replacement Account (14) Municipal Of or belonging to the City or it franchised agents. (I 5) Open space: All areas of natural plant cornmuttities or areas replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and Lawns, and alt ocher atr'as required to be provided as natural ground and landscaping... (16) .Park .All public parks owned by the City. (17) Positional conflict By virtue of its location, the tree's drip line is encroached upon by site alterations (18) Preserve area: Veg~ative areas required to be preserved under the jurisdiction of the Florida Department of Environntcmtal Regulation, St Johns River Water Management District attdJor the United States Army Corps of Engineers or other regulatory agencies. (l9) .Property owner The person owning the property as shown in the County tax roles (2U) Protected tree includes all of the following: (1) . Private projected tree: Aay tree on private propaty with: (e) Increase and mairttaln the value of land by reyuiring a minimum amount of trees to be incorporated into development- (f) Preserve existing natural trees and vegetation where possible; (g) Promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encoura~_ing the use ofsite-specific plant materials; (h) Establish procedures and standards fix the administration and enforcement of this part; (j) Establish a tree fund for the collection of monies from mitigation to be used for planting of trees in areas throughtwt the City Sec 2;-IV Uetinitions The following words and phrases. when used herein, shall have the meanings respectively ascribed to them (I) Butler yard or strip means a strip of land, identified on a site plan or by Zoning ordinance requirement, established to protect one type of land use from another land use that may be incompatible. The area is landscaped, maintained and kept in open space. (2) Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six (6) inches above the ground for trees up to and including four (4) inches in caliper, and measured twelve (12) inches above the ground for trees exceeding four (4) inches in caliper. (~) Construction Includes erecting structures and buildings, placement of utilities, paving, topographical changes and installation of draina¢e (4) DBH The diameter breast height measured in inches at 4 5 feet above ground level DBH for multi-ttunked trees shall be determined by measuring each trunk immediately above the fork and adding the total inches together. (S) Designee An appointed representative (6) Developer/builder/contractor: Any person. firm or other legal entity that purchases, agrees to purchase or otherwise holds an interest in real property with the intent to, or. in fact does develop said property for any construction (by himself or others) thereon for which an application for a building permit will ultimately be required i,~`U(f ORDINANCE NO 95-95-64R AN ORDINANCE OF'iHE CITY OF ATLANTIC' BEACH, FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE 11, TREE PROTECTION, DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE, PROVIDING FOR SEVF,RABILITY, PROVIDING FOR AN EFFECTI\%E DATE WHEREAS the City Commission of the City of Atlantic Beach desires to change the "free Preservation Ordinance of the Cite. and WHEREAS those changes affect the powers, duties and authority of the Tree Conservation Board. and WHEREAS the Tree Conservation Board has suggested certain language modifications which are included herein. and WHEREAS the Tree Conservation Board has reviewed this proposed amendment and supports its adoption in its present form and content. NO\\' THF.RFFORL. BE IT ORDAINED Bl' THE CITY COMMISSION OF THE CITY OF .ATL.ANIIC BEACH. FLORIDA. AS FOLLO\k'S SECTION I Chapter Z;..Article ll of the Code of Ordinances of the City of Atlantic Beach is hereby amended to read as follows .ARTICLE ll TREE PROTECTION Sec. 23- I . Declaration of legislative intent wd public policy. It is the intern of these regulations to promote the health, safety and welfare of the current and future residents of the City of Atlantic Beach by establishing minimum standards for the protection of trees within the City of Atlantic Beach in order to (a) Improve the aesthetic appearance of commercial, governmental, irtdustrial, and residential areas through the protection of trees during development, (b) Improve em~ronmental quality by recognizing the numerous beneficial effects of trees upon the environment; (c) Provide direct and important physical and psychological benefits to human beings through the preservation of trees to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development; (d) Promote innovative approaches to the design, installation and maintenance of trees, thereby encouraging water and energy conservation: a ~~UE ORDINANCE NO 95-95-64R AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE II, TREE PROTECTION, DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE \\rHEREAS the ('ity Commission of the City of Atlantic Beach desires to change the Tree Preservation Ordinance of the Cite, and WHEREAS those changes affect the powers, duties and authority of the Tree Conservation Board, and WHEREAS dte'free Consc ~ modifications which are included herein. and WHEREAS the Tree Consr ~~~ / r ~.~~ rendment and supports its adoption in its present i NO\\' THEREFORE. BE i C4 ~ ' llr '~ )N OF THE CITY OF .ATLANTIC BL-:ACH_ F /n//~ ~C j~ SECTION I Chapter 23, fY of Atlantic Beach is hereby amended to read a AR Sec. 23-1. Declaration of kg of these regulations to promote the health, satery ana werrare or ore aaraxn arru ruawo ~ dents of the City of Atlantic Beach by establishing minimum standards for the protection of trees within the City of .Atlantic Beach in order to (a) Improve the aesthetic appearance of commercial, governmental, industrial, and residential areas through the protection of trees during development, (b) Improve environmental quality by recognizing the numerous beneficial effects of trees upon the environment, (c) Provide direct and impottant physical and psychological benefits to human beings through the preservation of trees to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development; ~~ (d) Promote innovative approaches to the design, installation and maintenance of trees, thereby encouraging water and energy conservation; /• RECOMMENDATION: The staff recommends approval o[ the pay proposal for Geeeral Empbyees for fiscal year 1995-1996 ATTACHMENTS: REVIEWED BY CITY MANAGER: Agenda item: ATLt1I~TIC I3Ef~Cf-I POLICE DEPAR'I'MEI,IT STAFF REPORT Subject: Pay Proposal for General Empbyees -Fiscal Year 1995-1996 Date: February 6, 1996 Submitted By: J. Campbell BACKGROII\D: A psy study was conduct of all job classifications that are heM by the General (non- bargainiog) empbyees for the city of Atlantic Beach. This was done by comparing beginning and ending wages for each job classification within our city to those of cities with population between 10,000 and 20,000 that border on the large metropolitan areas around Jacksonville, Daytona Beach, and Orlando using the Fbrids League of Cities Salary Survey dated March, 1995. Three percent was add to the survey numbers to update the wages due to the fact the survey was from March of 1995. A pay range for each classification was determined, using an average beginning and ending wage for each classification as determined from this study. The pay range [or each job classification for the City of Atlantic Beach was adjusted to fit into the ranges determined appropriate by the atady. Persons were then placed into the job classi[icatioo at the appropriate keel within each range depending oo bngevity with the city. Some empbyees will have their present positions re~walnated and may be rechusified, as some have had tasks and responsibilities added or removed from their present job. This may cause empbyee's job classifications to change, however, it will not reduce thetr present wages. CITY OF ATLANTIC BEACH CITY COMMISSION MEETIIVG STAFF REPORT AGENDA ITEM: Personal Vehicles for Police Officers SUBMITTED BY: David E. Thompso~Director of Public Safety DATE: February 7, 1996 BACKGROUND: The Police Department has conducted considerable research imo the area of establishing a Personal Vehicle Program for Patrol Officers. Virtually al! of the police departments in our region have such a progam, but Atlantic Beach has not adopted a Personal Vehicle Program in the past. After reviewing the advantages and costs of such a program, the Police Administration has proposed and recommended that a Personal Vehicle Program be designed and implememed for the City of Atlantic Beach. RECOMMENDATIONS: We recommend that the City Commission authorize the City Manager to proceed with the development of a Personal Vehicle Program for the Atlantic Beach Police Department. ATTACHMENTS: None REVIEWED BY CITY AGENDA ITEM• $ 4-29 ATLANTIC BEACH CODE (c) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city manager for the purpose of testing the dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian W the city manager for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the animal shall attach to the city by virtue of any procedure in this article by the city manager. All rnsts in connection with this section shall be borne by the owner of the animal. (Code 1970, § 4.5) State law reference-Authority of stela department of health and rehabilitative services to adopt rules regulating quarantine or deatruMion of domestic pets or wild animals infected with rabies, F.S. $ 381.031(1Hg)1. Sec. 4.30. Citations authorized; penalties provided. (a) The city animal control otFcer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. (b) Violations of this article shall be punishable by fines as follows: Twenty-flue dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense, and seventy-five dollars ($75.00) for the third and subsequent offenses each and every occasion wherein a citation is issued. (Ord. No. 97-86.30, § 4, 7-28-86) _~ 304 [The nett page is 3531 Supp. No. 12 ANIMALS § 4.29 (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity oC the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) IC any dog or cat shall defecate on or cause damage to any of the public streets, parks, playgrounds, alleys, or beaches in the city, the owner oC said dog or cat shall be subject to the penalties of this article unless such defecation or damage is immediately removed. Dog owners/ handlers shall carry some sort oC material or utensil in all cases where chair animals are being walked on the beach in Atlantic Beach and shall be required to remove from the beach (not bury) any and all defecation taking place. This provision shall also apply to dog owners whose dogs defecate on people's lawns, on the street ends to the beach, in the public parks, and public rights-ofway. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag. (Code 1970, § 4d(d); Ord. No. 95-8630, § 3, 7-28.86; Ord. No. 95.8833, § 6, 425.88) State law reference-Damage by dogs, F.S. Ch. 767. Sec. 427. Disturbing the peace. IC shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cafe within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the dty unless otherwise provided by state law. (Code 1970, § 44(e)) Sec. 428. Visions doge It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term vicious dog" shall not be limited to only those doge who are known to have bitten any person. (Code 1970, § 45(d)) Sec. 428. Rabies suspected. (a) IC a dog or eat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises end the humane safety or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation Cor a period of two (2) weeks at the expense of the owner. (b) If eny person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty oC the person or the owner of the dog or cat with knowledge thereof, to report the incident to the police department within twenty-four (24) hours there- after. Supp. No. 12 303 § 4.22 ATLANTIC BEACH CODE r' shall be updated every twelve (1'l) months for all ammala over iour (4) months of age. Both tags shall be on the animal at all times when the animal is otf the owner's property. (Code 1970, § 4.3; Ord. No. 95-86.30, § 1, 7-28$6; Ord. No. 95.88.33, § 2, 4.25.88) Sec. 4.23. Impoundment. Any unregistered dog r~ cat found in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon identification and compliance with the registration requirements contained herein, end upon the payment of a twenty dollar ($20.00) fee for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the Cee in eCCect an the date the dog or cat is picked up. (Code 1970, § 411(a); Ord. No. 95-86-30, § 2, 7-28.86; Ord. No. 95$8.33, § 3, 4.25-88; Ord. No. 95.92-51, § 1, 2-10-92) Sec. 424. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, perks, play- __ grounds, alleys, beaches or vacant lots in the city and such dog or cat shall be picked up by the / city or the designated authorized agent of the city and placed in a shelter Cor a period of not less than three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) Cee for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in e(Tect on the date the dog or cat is picked up. (Code 1970, § 4-4(b); Ord. No. 95-86.30, § 2, 7.28.86; Ord. No. 95.92-51, § 1, 2.10.92) Sec. 4.25. Leashing. No dog muzzled, unmuzzled or inoculated against rabies shall be allowed in public places such as streets, parks, playgrounds, alleys, vacant lots, etc., the beach or upon property other than that of its owner unless the dog shall be fastened to a suitable leash oC dependable strength not to exceed twelve (12) Ceet in length. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. (Code 1970, § 4-4(c); Ord. No. 95.88.33, § 4, 425-88) Sec. 4.26. Damaging property. (a) It shall be unlawful Cor any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property o[ another and damage the property. Supp. No. 12 302 $ 422 Sec. 48. Removal and disposal of dead animals. Whenever any animal shall die within the corporate limits of the city the owner of the animal shall cause the dead body thereof to be removed outside of the city limits and disposed of as directed by the city manager. (Code 1970, § 4-7(h)) Sect 49-420. Reserved. ARTICLE II. DOGS AND CATS• Sec. 4.21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet Coxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Uaceination against rubies shall mean the proper administration of antirabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (Code 1970, $ 4-2) Cross reference-Defmitions and rules o[ construction generally, $ 1-2. Sea 422. Registration and tagging required. (a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. (b) No person shall be allowed to keep any dog over four (4) months of age or cat over Cour (4) months of age in the city unless the person shall fast register the animal at City Hell in Atlantic Beach and purchase a permanent nontransferable identification tag Cor each animal in the following sums: (1) Five dollar ($5.00) fee for eats and dogs which have been spayed or neutered. (2) Fifteen dollar ($15.00) fee for dogs or cats which Gave not been spayed ar neutered (upon proof oC spaying and neutering of an animal, the city will rebate $10.00 of the fee). (c) Tags lost or stolen can be re-issued at City Hall for one dollar ($1.00). Registration tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccinations •State law references-Right to be axompanied by dog guides in public aceommoda- tions, F.S. § 413.08; damage by dogs, F.S. Ch. 767. s~Pp.xo.iz 301 § 4.7 ATLANTIC BEACH CODF. d. J•;very application for annual license for a pec pocbeWed pig snaLL be acoompamed by a sworn affadavit signed by the applicant to the etiect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner oC such pig shall allow the animal control otHcer a reasonable and timely oppor- tunity to examine such pig and its bona ides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig, and C. The animal ventral otLcer shat have the authority to refuse application for annual license for any pig which it deems not to be identifiabie as a true minia- ture Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with say provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). ( (7) AU ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the owaerahip of pet potbellied pigs as regulated under this part. (Code 1970, § 4.7(e), (~; Ord. No. 9588-33, § 1, 4-25-88; Ord. No. 8593-57, § 1, &2&93) Supp. No. 14 300.2 ANIMAIS § 4•? ship and which is in compliance with all other applicable provisions of this (:ode. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (ll Ownership of a pig or other swine animal as a household pet is prohibited, except iC such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six I6) weeks oC age, weighs no more than one hundred twentyfive (125) pounds, measures no more than twenty-two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recegnized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership oCsuch an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-ofdoors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall tvn at large. (4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose o[ stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an ezception to this provision. Violation of this provision shall constitute an offense punishable by a fine oC five hundred dollars ($500.00). (5} All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, Cees and time frames, and which are not superseded by specific provision+ of this part, are hereby declared to pertain to pet potbellied pigs, as deCmed and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty 130) full business days before such application, been inoculated against and/or been blood-tested, with negative results, for pseudorabies and (or brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4, but shall be subject to the provisions of Chapter lOD-3, Florida Administrative Code; c. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days be[ore such application is made, in compliance with this section's age, weight and height provisions; Supp. No. 14 300.1 § 4.4 ATLANTIC BEACH CODE round [o exrsc m the city, alter having given at least three (81 days' actual nonce of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is Cound to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision oC the chief of police of the city. (Code 1970, § 4.1) Sea 46. Cruelty to animals. (a) It shall be unlawful Cor any person to overload, overdrive, torture, torment or deprive oC necessary sustenance, Cood or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such otTenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison W any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits oC the city. (Code 1970, § 4-7(a)) State law reference-Cruelty to animals, F.S. Ch. 828. Sec. 46. Nuisance animals. (e) Any animal or fowl which persistently makes noises or otherwise conducts itself in a manner which unduly excites and generally annoys citizens of the city is hereby declared to be a nuisance injurious to the public peace, order and welfare, and any person found guilty of keeping, maintaining or aiding and abetting in the keeping or maintaining oC any such nuisance within the city, after three (3) days' notice from the city manager or any police otf cer oC the city to abate the same shall be punished as provided in this Code. (b) A nuisance shall be presumed where at least three (3) different persons have witnessed an animal committing an act referred to in this section and where said animal has committed the act an at least three (3) different oa~sions. (Ord. No. 1970, § 47(d); Ord. No. 95.88.33, § 1, 425.88; Ord. No. 95.91x19, 4 1, 6.10.91) Cross references-Animal or bird noises, $ 11-9; nuisances generally, Ch. 12. Sec. 4-7. Maintaining stables; keepdag of Loge (a) No stable or premises may be maintained in the city for the housing sad keeping of horses, mules, cows, cattle, hogs, chickens, poultry or goats. (b) IC shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept Cor the sole purpose of providing human companion• SUpD. No. 14 300 Chapter d ANIMAIS' Art. I. Ia General, $§ 41-420 Art. II. Dogs and Cats, $$ 421-4.30 ARTICLE L IN GENERAL Sec. 41. Appointment of animal control officer. The city manager may appoint and employ a suitable personas the official animal control officer for the city, and shall cooperate with the Jacksonville Animal Control, county health officer and the city or county rabies control program. (Code 1970,§ 4-6(aH Sec. 4.2. Interfering with officers. No person shall interfere with, hinder or molest any police officer, health officer or im- pounding oElicer in the performance of any duty required by the provisions of this chapter. (Code 1970, § 4-6(b)) Sec. 4.3. Animal shelter or impounding vehicles; breaking open fences, etc., of; re• moval of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. (Code 1970, § 4-6(c)) Sea 44. City designated bird sanctuary; shooting, molesting, etc., of birds prohib• ited; exception. (a) The entire area embraced within the city is hereby designated es a bird sanctuary. (b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starhngs or similar birds are found to be congregating in such numbers in a particular locahty that they constitute a nuisance or a menace to health or property, in the opinion otthe proper health authorities of the city, then the health authorities shall meet with representatives of the P_udubon Society, bird club, garden club or humane society, or as many of the clubs as are 'Cross references-Riding of animals in beach safety wne, $5.17; oavpational license tax on kennels, $ 20.59. State lew reference-Game and freshwater fish, F.S. Ch. 372. s~cc n~ i~ 299 4. Section 4-7 needs clearer language to specifically prohibit having certain types of animals in the City. 5. Section 48 dealing with the removal of dead animals arrently requires that dead animals be removed outside of the city limits and disposed of according to the directions of the city manager. Perhaps the anima! control officer would be a more appropriate official to direct this activity, and the phrase relative to the city limits should be eliminated.. 6. There are a variety of penalties and fees in this chapter that may be altered according to the wishes of the City Commission. We are simply bringing this to the attention of the Commission in case they want to alter any of them. 7. The Animal Control Officer has indicated that she has a problem with dogs in heat that are left in locations where they create a nuisance. Specifically, the dogs in heat are sometimes left outside, tied up, and unattended where they attract other dogs. Jacksonville has an ordinance that provides guidance for pet owners to prevent this from happening. The Animal Control Officer would like to add a section to deal with this problem. ENFORCEMENT: The animal control officer has been using a four wheel drive truck on the beach, and she has significantly increased the number of citations written for unleashed dogs on the beach. Additionally, new citations are being printed that will be distributed to police officers, and all officers will be encouraged to cite violations of the ordinances. The officers should have their new citation within the next few weeks. Recommendations: We recommend that the City Commissioners review the information above, and if they approve, authorize the City Attorney to assist in wording appropriate ordinance changes relative to animal control. ATTACHMENTS: City Code Chapter 4 REVIEWED BY CITY MAN AGENDA ITEM: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Animal Control Update SUBMITTED BY: David E. Thomp irector of Public Safety DATE: February 5, 1996 BACKGROUND: After some of the recent events relative to animal attacks in the City of Atlantic Beach, the Police Department has reviewed the animal control ordinances. The purpose of the review was to evaluate them and to make recommendations relative to changes that might enhance their effectiveness. There has been a conscious effort to find ways to prevent the recent incidents in our city, and at the same time avoid an over-reaction to those recent incidents that would severely penalize animal owners. The Animal Control Officer has recommended several changes that she believes will assist her in solving animal problems and enforcing the laws. The matter has also been discussed with the Code Enforcement Officer, and there are several issues that can be addressed and resolved depending on the wishes of the City Commission. The recommendations are briefly explained below for Commission review. With Commission approval, the Police Department will pursue ordinance changes through the city attorney to bring about the following recommendations: l . Enforcement of Animal Control Ordinances The City Code is not clear on the issue of enforcement authority. It would be beneficial to specifically identify animal control officers, police officers, and code enforcement officers az having enforcement authority. This would also have the effect of placing nuisances under the review and authority of the code enforcement board. Since the code enforcement board is aUeady hearing dangerous dog cases, this clarification would be a logical extension of their authority to administer the city code. 2. Section 4-2. Interfering with officers This does not actually specify "animal control officer", and this should probably be added. 3. Section 4-6 Nuisances This section deals with nuisances, but it is vague as to the types of behaviors that are nuisances. It needs to specifically identify running at-large and arrimals defecating on property other than their own az nuisances, in addition to the noises already covered in this section. The requirements for enforcement (in section "b") are unrealistic. There hoods to be a process through the use of affidavits to bring about enforcement, but the existing requirematts are rarely useable. CAPITAL IMPROVEMENT PROJECT ST TUS REPORT SUBMITTED BY: ~qy ROBERT S. K SOY, P.E. DIRECTOR OF Pl1BLIC WORKS '1ST .' 3.'..:.''.~" ~~ ~~PIT,' ,OVEMEN7YP~.A7v~pROJECi: _ ~. ~. ~ ATUS ON~PEBRUARY ~; 19%' _"_= I. NEW 0.'ELI. COKSTRUCTION W'gTER I 11M LUCAS TO DELIVER RE\'ISED TREATMENT PLANT a2 PLANS AND SPECIFICATIONS BY FEBRUARY 9. 1996 ~. W'Al"ER & SE\\'ER I\1PROVEMENTS 2 GEE .ANDIENSON' DELIVERED PLAYS OAK HARBOR ON FEDRU.ARY <, 1996. PERMITS AWAITING APPROVAL BY DEPARTMENT OF ENVIRONMENTAL PROTECTION. 7 WATER METER INSTALLATION' AT 3 STAFF N'ILL COMPUTE CITY FACILITIES MVENTORY OF LOCATIONS IN FEBRUARY, 1996 4. CORROSION REDUCTION UNIT FOR a. WILL 8E COMPLETED AS PART OF WATER SYSTEM WATER TREATMENT PLANT IMPRO\"EMENT PROJECT AT ASSISI WHICH DEGAN ON JANUAR}' 16. 199G 5 \\;\TER R~ SEN"ER I\1PR0\'E\16~]TS 5. PERMITS ARE BEING REVIER'ED BEACI{AVENUE BY THF. DEPARTMENT OF ENVIRO\}IENTAL PROTECTION G WATER !.1AIK UPGRADES VARIOI"5 6 THE WATER MAIN L'PGR ADES LOCATIONS . \VITHI`: Tlif_ STORMNS}TER HASI\S OP PROJECT NO. 12 U'ILL BE DESIGNED AS PART OF PROJECT NO. 12 THE BID OVENING FOR THE OCEAN\V.ALk WATER LINE PROJECT N~AS HELD ON FEBRUARY I, 19%. 7. SEWER REHABILITATION ATLANTIC THE SEWER REHABILITATION DEACHB BUCCANEER SYSTEMS WORK WITHIN THE STORMWATER BASINS OF PROTECT NO 12 WILL BE DESIGNED AS PART OF THAT PROJECT. SHERRY DRIVE SE\VER LME UUS SLIP-LINED FROM 6TH ST TO THE NORTH LAST WEEK. 8 NEN' MASTER LIFT STATION 8 THIS PROJECT WILL BE DESIGNED BUCCANEER \}'ASTE\\'ATER PLANT A$ PART OF PROJECT NO. 9. 9. FACILITY IMPROV[f.1ENTS 9 REQUEST FOR ENGINEERMG BUCCANEER WASTEWATER PLANT ~ PROPOSALS DUE FEBRUARY 22. 1996. SE VERAL ENGMEERING FlRMS HAVE MET WITH HARR}' MCNALLY TO DISCUSS PROJECT 10 SULPHUR DIOXIDE 10 COMPLETE INSTRUMENTATION R CONTROI. I I. INFLUENT FLOW ME7 ER K I I THIS PROJECT WILL BE CONTROLS INCORPORATED INTO PROJECT NUMBER 9 I?. STORMN'ATF.R MASTER PLAN ' I? REQUEST FOR ENGINEERMG CITY-N IDf IMPLEMENTATION PROPOSALS DUE ON FEBRUARI'??. 1996 DIRECTOR OF PUBLIC WORKS HAS MET WITH SIX FIRKIS TO DATE l' Smith & Gillespie Engineers December 14, 1995 Page Two Thanking you for your consideration in this matter, we remain, Very truly yours, INDIAN RIVER INDUSTRIAL CONTRACTORS, INC. e E. Sw 'n Vice-President SES:rgs Enclosure cc: Mr. Robert Kosoy - City of Atlantic Beach Mr. Carl Taylor -Smith & Gillespie Mr. Norm Viggiano - I.R.I.C. field Indian River Industrial Contractors, Inc. December 13, 1995 Mr. Douglas E. Layton, P.E. Smith & Gillespie, Inc. Post Office Box 53138 Jacksonville, Florida 32201 P.O. Box 23086 / Juksonvi9e. Fbrida 32211.3086 (901) 262.2000 -Fax Number (901) 260.1829 '~ Reference: Wastewater Treatment Plant Expansion Program PH&A No. 9325-2 Engineer's Project No. 8505-17-01 City of Atlantic Beach, Florida Subject: Proposed Contract Change Order for additional hose bibbs and associated piping Dear Doug: Reference is made to your letter dated December 6, 1995 requesting a cost proposal for a proposed contract change order to install additions! hose bibbs at the various locations as outlined in your letter. Accordingly, please find attached herewith a detailed wst breakdown in the additional amount of S2,806.97 which would be required to accomplish this work. Our cost proposal is based upon the use of Schedule 80 PVC pipe below grade and galvanized pipe above grade. A contract change order in the amount of S2,806.97 with a contract time extension of three (3) calendar days can be exeated upon your acceptance of this proposal. Your direction on this matter at your earliest opportunity would be appreciated. - - ~~ yJ ;;y. OEC i 51995 ~., ~ ~xkmawe AeBOrI, ~ oPP«b.lnr t~nplorer m,,c~' vE~ MF '~ OEL SMITM ANO GILLES PIE ENGINEERS. INC. no sr oFF~cc eoA s3 ue JACNSOMVILL E. FLORIDA 32201 1901 ~a3-6950 December 6, ~~~ Indian River Industrial Contractors, Inc. Post Office Box 23086 Jacksonville, Florida 32241 Attention: Mr. Steve E. Swain Vice President Subject: Proposed Change Order Additional Hose Bibs Vastewater Treatsent Plant Expansion Program SfiG Project No. 8505-17-01 Atlantic Beach, Florida Gentlemen: ooucus E. uvroN. v E. ~ Racsoart Fax: 904/ 260-4829 The City of Atlantic Beach requests your detailed proposal to furnish and install additional hose bibs in accordance with the detail on Contract Drawing No. 15, at the following locations: 1. Northeast and southeast corners of the influent structure. 2. A hose bib co service each RAS pump station at clarifier Nos. 1 and 2. 3. Serving the influent end of the new chlorine contact chamber near the chlorine inductor. Please provide your detailed proposal for this additional work at your earliest opportunity, but no Later than December 20, 1995. Mr. Carl Taylor will be available to assist you in coordinating the exact locations of the proposed hose bibs. If you have any questions regarding this request, do not hesitate to contact us. Sincerely, SMITH 6 GILLESPIE ENGINEER'S, INC. ouglas E. Layton DEL:SBO cc: Mr. Jim Jarboe, Acting City Manager Mr. Robert S. Kosoy, P.E., Director of Public Works Mr. Tim Townsend, Utility Plant Divisian Director Hr. Carl A. Taylor, Resident Observer Indian River Industrial Contractors, Inc. December 1, 1995 Mr. Douglas E. Layton, P.E. Smith & Gillespie, Inc. Post Office Box 53138 Jacksonville, Florida 32201 P.O. Box 27066 / ~aekaonWle. Fbrkra 3221-7016 (9W) 262-2000 -Fan NumOar (9W) 260629 Reference: Wastewater Treatment Plant Expansion Program PH&A No. 9325-2 Engineer's Project No. 8505-17-01 Ciry of Atlantic Beach, Florida Subject: Proposed Contract Change Order for use of Ductile Iron Piping for below ground process air system in lieu of stainless steel Dear Doug: Reference is made to your request to provide a cost proposal for a proposed contras change order to provide ductile iron "mechanical joint" unlined piping with EPDM high heat gaskets with mechanical joint Sttings in lieu of stainless steel piping for the below rground process air piping. We propose to offer the Owner a "dedutt" in the amount of 56,050.00 if this offer is accepted for use. We request your review of this proposal as soon as possible. Thanking you for your consideration in this matter, we remain, Very truly yours, INDIAN USTRIAL CONTRACTORS, INC. e E. S a, Vice-President SES:rgs ce: Mr. Robert Kosoy -Ciry of Atlantic Beach Mr. Carl Taylor -Smith & Gillespie Mr. Norm Viggiano - I.R.I.C. Field . ~~~ I' a 1°q5 m~- DEL~+' Change Order No. 2 Cont'd... January 23, 1996 S&G Project No. 8505-17-01 page 2 Atlantic Beach, Florida S. Perform the necessary exploration around WWTP No. 2 to Locate existing underground piping in accordance with the Engineer's Letters dated 1/4/96 and 1/9/96 and the Contractor's proposals dated 1/4/96 and 1/19/96 $870.0 6. Perform the piping modifications to the drain piping in accordance with the Engineer's request for proposal dated 1/17/96 and the Contractor's proposal dated 1/19/1996 S3.602.82 TOTAL ADDITIVE CHANGE ORDER N0. 2 $4,633.85 It is further mutually agreed by the CONTRACTOR and the OWNER that the changes when completed by the CONTRACTOR shall increase the present Contract price, which takes into account any and all previous changes in the original Contract price, by the lump sum amount of Four Thousand. Six Hundred Thirty Three Dollars and Eigty Five Cents (S4 633 85) and an (increase/de~eee:)in Contract time for completion of construction of eleven (11 days. ACCEPTED FOR THE OWNER By: Lyman T. Fletcher Mayor Date: APPROVED: SMITH AND GILLESPIE ENGINEERS, INC. By: ouglas ,. yt~n Vice President ACCEPTED FOR THE CONTRACTOR Steve E. Swain VSce Pre(s~~ide(~nt/ Date: ~ - ~.1- (1~ Date: J n a 3 1996 • 'r V LS .IAN 3 1 1996 CHANGE ORDER N0. 2 Date: January 23. 1996 To Contract dated Hay 25. 1995 between the firm of: Indian River Industrial Contractors. Inc. Post Office Box 23086 Jacksonville. Florida 32241 (hereinafter referred to as the CONTRACTOR) and: The City of Atlantic Beach, Florida (hereinafter referred to as the OWNER) for the construction of: Wastewater Treatment Plant Expansion Program S6G Project No. 8505-17-01 In compliance with Article 13 6 Article 14, GENERAL CONDITIONS, of the above referenced Contract, CONTRACTOR and OWNER do both hereby agree that the CONTRACTOR shall make the following changes, additions or deletions to the work specified in the plans and specifications, upon the approval of SMITH AND GILLESPIE ENGINEERS. INC.: 1. Credit for providing Ductile Iron piping in lieu of Stainless Steel piping for below ground process air piping in accordance with the Contractor's proposal dated December 1, 1995 ($6,050.00) 2. Furnish and install additional hose bibs at various location in accordance with the Engineer's request for proposal dated 12/6/1995 and the Contractor's proposal dated 12/13/1995 $2,806.97 3. Credit for connecting the new 6" PVC drain line to the existing 6" drain line in accordance with the Contractor's proposal dated 12/14/1995 ($360.00) 4. Perform the modification to the water supply line in accordance with the Engineer's request for proposal dated 12/15/1995 and the Contractor's proposal dated 12/19/1995 $3,764.06 ._ , s._ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: CHANGE ORDER NUMBER 2 ATLANTIC BEACH WASTEWATER TREATMENT PLANT EXPANSION PROGRAM SUBMITTED BY: Robert S. Kosoy/Director of Public Works.~l~ DATE: February 8, 1956 QQ BACKGROUND: During the course of construction of the Atlantic Beach Wastewater Treatment Plant Expansion program and since Change Order Number 1 was approved by the City Commission on November 27, 1995, five items have been reviewed and authorized as additional work, with one item as a credit. The net amount of the change order items is about to exceed S5,000 (the limit of my approval authority), subsequently these items are being brought to the City Commission for approval. The six change order items involve modifications to yard piping and the substitution of ductile iron air piping for stainless steel piping. These items are discussed in detail in the attached change order. The proposed new increase to the contract is 54,633.85. Original Contract Price ...................$4,003,739.00 Change Order Number 1 .................... 11,967.69 Change Order Number 2 .................... 4,633.85 Revised Contract Price ....................54,020,340.54 The change orders are 0.4 ~ of the Original Contract Price and the project is 42$ complete. RECOMMENDATION: Approve Change Order Number 2 ATTACHMENTS: 1. Letter dated 1/30/96 from Mr. Doug Layton, P.E. to Robezt S. Kosoy, P.E. 2. Five Copies of Change Order for signature by the mayor. REVIEWED BY CITY MANAGER:___<__~~~C~ ~7 r AGENDA ITEM NO.: If and 376, Florida Statutes, to pursue the allegations addressed herein. This Consent Agreement does not address settlement of any criminal liabilities which may arise from Sections 403.161(3) through (5), 403.413(5), 403.727(3)(b), 376.302(3) and (4), or 376.3071(10), Florida Statutes, nor does it address settlement of any violation. 32. This Consent Agreement is final agency action of the Department pursuant to Section 120.69, Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Agreement will not be effective until further order of the Department. FOR THE RESPONDENT: DATE DONE AND ORDERED this Mr. Jim Jarboe, City Manager City of Atlantic Beach STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Ernest E. Frey, P.E. Director of District Management Northeast District 7825 Baymeadows Way, Suite 200E Jacksonville, Florida 322256-7577 Telephone: (904) 448-4330 day of 1996, in Jacksonville, Florida. -12- Consent Agreement. 27. The Department, for and in consideration cf the complete and timely performance by Respondent of the obligations agreed to in this Consent Agreement, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations outlined in this Consent Agreement. Respondent acknowledges but waives its right to an administrative hearing afforded by Section 120.57, Florida Statutes, on the terms of this Consent Agreement. Respondent acknowledges its right to appeal the terms of this Consent Agreement pursuant to Section 120.68, Florida Statutes, but waives that right upon signing this Consent Agreement. 28. The provisions of this Consent Agreement shall apply to and be binding upon the parties, their officers, their directors, agents, servants, employees, successors, and assigns and all persons, firms and corporations acting under, through or for them and upon those persons, firms and corporations in active concert or participation with then. 29. No modifications of the terms of this Consent Agreement shall be effective until reduced to writing and executed by both Respondent and the Department. 30. Zf all of the requirements of this Consent Agreement have not been fully satisfied, Respondent shall, at least 14 days prior to a sale or conveyance of the property or Facilities, (1) notify the Department of such sale or conveyance, and (2) provide a copy of this Consent Agreement with all attachments tc the new owner. 3l. This Consent Agreement is a settlement of the Department's civil and administrative causes of action arising from Chapters 403 -11- only be at the approval of the presiding officer upon motion filed pursuant to Florida Administrative Code Rule 60Q-2.010. 21. Entry of this Consent Agreement does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 22. The terms and conditions set forth in this Consent Agreement may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms of this Consent Agreement shall constitute a violation of Section 403.161(1)(b), Florida Statutes. 23. Respondent is fully aware that a violation of the terms of this Consent Agreement may subject Respondent to judicial imposition of damages, civil penalties of up to $10,000 per offense, and criminal penalties. 24. Respondent shall allow all authorized representatives of the Department access to the property and Facilities at reasonable times for purpose of determining compliance with this Consent Agreement and the rules of the Department. 25. All plans, applications, reports, penalties, stipulated penalties, costs and expenses, or other documents required by this Consent Agreement to be submitted to the Department shall be sent to the Department of Environmental Protection, 7825 Baymeadows Way, Suite B-200, Jacksonville, Florida 32256-7577. 26. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violation of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this -10- The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Agreement identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Agreement; (c) A statement of how each petitioner's substantial interests are affected by the Consent Agreement; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Agreement; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Agreement; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Agreement. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Agreement have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will -9- or anticipated delay has been, or will be, caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Agreement. 19. Nothing herein shall be construed to limit the authority of the Department to undertake any action against any responsible party in response to or to recover the costs of responding to conditions at or from the site that require Department action to abate an imminent hazard to the public health, welfare or the environment. 20. Persons who are not parties to this Consent Agreement but whose substantial interests are affected by this Consent Agreement have a right, pursuant to Section 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000; within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Section 120.57, Florida Statutes. -8- after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Agreement. Zf the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Consent Agreement in an amount greater than the stipulated penalties due under this paragraph. 18. Zf any event occurs which causes delay, or the reasonable likelihood of delay, in complying with the requirements of this Consent Agreement, Respondent shall have the burden of proving that the delay was, or will be, caused by the circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours and shall, within seven days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken, or to be taken, to prevent or minimize the delay, and the timetable by which Respondent intends to implement these measures. Zf the parties can agree that the delay -7- shall include upgrading the lift stations with new piping and pumps. These improvements shall also include manifolding all lift stations into one master wet well where odor can be effectively controlled at one location and should enable the system to operate in full compliance with Department Rules. The application shall include studies and assessments concerning all physical improvements which are needed in the master lift station to enable the same to operate in full compliance with the Department's rules. 16. Respondent shall, no later than July 31, 1997, begin implementation of the Stormwater Master Plan which provides a plan for reducing the identified adverse impacts including eliminating any and all cross connections between sanitary sewer and stormwater piping. 17. Respondent agrees to pay the Department stipulated penalties in the amount of $100.00 per violation per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 7 through 16 of this Consent Agreement. A separate stipulated penalty shall be assessed for each violation of this Consent Agreement. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Agreement and the notation "Pollution Recovery Fund - stipulated penalty". Payment shall be sent to the Department of Environmental Protection, Northeast District 7825 Baymeadows Way Suite 200 B, Jacksonville, Florida 32256-7590. The Department may make demands for payment any time -6- studies and assessments concerning all physical improvements which are needed in the collection system to enable the same to operate in full compliance with the Department's rules. Respondent shall complete improvements to the Oak Harbor Subdivision no later than April 30, 1997. 13. Respondent shall, no later than March 1, 1996, submit to the Department a completed application for the Beach Avenue area sewer improvements located north of 15th Street and east of Seminole Road. The improvements shall include providing sanitary sewer service for those homes currently using septic systems and for undeveloped lots with no sewer service and should enable the system to operate in full compliance with Department Rules. The application shall include studies and assessments concerning all physical improvements which are needed in the collection system to enable the same to operate in full compliance with the Department's rules. Respondent shall complete improvements no later than September 1, 1996. 14. Respondent shall, no later than October 1, 1997, begin implementation of the core city improvements from Ahern Street to Saturiba Drive. The sewer system shall be televised and cleaned. These improvements include but are not limited to, joint sealing, replacement of lines, and manhole repairs to correct the inflow and infiltration. Respondent shall complete improvements no later than September 1, 1999. 15. Respondent shall, no later than November 1, 1996, submit to the Department a completed application for the upgrade of the Master lift station at the Buccaneer Facility. The improvements -5- notify the principal. In both cases, Respondent shall, within 12 hours of the sewage spill, issue notices which warn to avoid contact with the sewage, and should contact occur, wash all affected items and body parts coming into contact with the sewage thoroughly with soap and water. 10. Beginning on the effective date of this Consent Agreement and henceforth, Respondent shall pump the backed up sewer line causing the sewage spill by vacuum truck and transport the sewage to one of the Facilities for proper treatment. Respondent shall make every effort to contain the sewage spill and prevent runoff to surface water. Once the spill has been contained, Respondent shall immediately disinfect the area where the sewage spill occurred with either Hypochlorite (HTH) or hydrated lime. 11. Within 30 days of the effective date of this Consent Agreement, Respondent shall submit to the Department a report indicating the condition of the sewer lines in the areas where the sewage spills, referenced in paragraph 5 above, occurred. Respondent shall include in the report results of smoke testing, line televising, or any other type of evaluation as well as any corrections made based on the evaluation. 12. Respondent shall, no later than May 31, 1996, submit to the Department a completed application for the Oak Harbor Subdivision sewer improvements located off state road AlA between Mayport and Wonderwood. The improvements shall include sewer line repair and replacement, manhole repairs, and elimination of stormwater intrusion and shall enable the system to operate in full compliance with Department Rules. The application shall include -4- 5. Respondents Collection System had numerous sewage spills during the month of August due to heavy rains and flooding in the area. 6. The Department and the Respondent have discussed this matter and resolved all disputed issues regarding the above described violation(s). THEREFORE, having reached resolution of the matter, Respondent and the Department mutually agree and it is, ORDERED: 7. Respondent shall comply with the following corrective actions within the stated time periods. 8. Beginning on the effective date of this Consent Agreement and henceforth, Respondent shall notify the Department orally within 24 hours of any sewage spill or other malfunction at the Facilities or from the Collection System which may cause the release of inadequately treated waste. Oral notification shall be followed by a written report submitted to the Department within 72 hours of the sewage spill or other malfunction. The written report shall describe the nature and cause of the sewage spill or malfunction, the steps being taken or planned to be taken to correct the problem and prevent its recurrence, and the time when the Facilities and/or Collection System are expected to be properly operating. 9. Beginning on the effective date of this Consent Agreement and henceforth, Respondent shall place barricades and detours when a sewage spill occurs, to direct the public away from the contaminated areas. In residential areas, Respondent shall issue notices to the nearby residents. If a school area is affected Respondent shall -3- ("Facilities") and the appurtenant sewage collection lines ("collection system"), which serve the city of Atlantic Beach residences and businesses. One facility consists of a 2.0 million gallon per day (MGD) sewage treatment plant which consists of two separate 1.0 MGD treatment plants capable of utilizing contact stabilization, complete mix or conventional treatment processes ("Main Facility"). The Main Facility is currently permitted to discharge dechlorinated effluent to the St. Johns River at Sherman Point. The Main Facility is located at 1100 Sandpiper Lane, in the city of Atlantic Beach, Duval County, Florida; more specifically described as Latitude 300 20' 07" North; Longitude 810 24' 38" West. The second facility consists of a 1.30 MGD extended aeration sewage treatment plant ("Buccaneer Facility"). The Buccaneer Facility is currently permitted to discharge dechlorinated effluent to the St. Johns River at Sherman Point. The Buccaneer Facility is located at 739 Wonderwood Drive in the city of Atlantic Beach, Duval County, Florida; more specifically described as Latitude 300 22' 12" North; Longitude 810 24' 42" West. 4. On November 2, 1993, Respondent was issued Department permit No. D016-231218 (" Main Permit") for operation of the Main Facility. The Main Facility's permit expired December 31, 1995. Respondent has submitted an application to the Department for renewal of the Main Facility permit. On August 13, 1993, Respondent was issued Department permit No. D016-228945 ("Buccaneer Permit") for operation of the Buccaneer Facility. The Buccaneer Facility permit expires April 1, 1998. Both Permits contain general and specific conditions with which the Respondent/Permittee must comply. -2- BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION ) Complainant, ) vs. ) CITY OF ATLANTIC BEACH ) Respondent. ) -------------------------------- IN THE OFFICE OF THE NORTHEAST DISTRICT OGC CASE NO.: 95-2971 CONSENT AGREEMENT This Consent Agreement is made and entered into between the State of Florida Department of Environmental Protection, ("Department") and City of Atlantic Beach, ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent- The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to control and prohibit pollution of air and water in accordance with Chapter 403, Florida Statutes, and the rules promulgated thereunder, Florida Administrative Code Title 62. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a Municipality in the State of Florida and is a ^person^ within the meaning of Section 403.031(5), Florida Statutes. 3. Respondent is the owner of and is responsible for the operation of two domestic wastewater treatment facilities -1- ~nollnrs ~_: .T Department of ~`g~" ~~ Environmental Protection Northeast District tatvton Chiks 7825 Baymeadows Way, Suite 8200 Virginu B. WeMerell Governor )acksorndle, Florida 32256-7590 Secreory February 5, 1996 CERTIFIED MAIL - RETURN RECEIPT Mr. Jim Jarboe, City Manager 800 Seminole Road Atlantic Beach, Florida 32233 Dear Mr. Jarboe: OGC Consent Order No. 95-2971 Atlantic Beach WH'TP - Duval County Enclosed is the Consent order to resolve the above-referenced case. Please review the document and, if acceptable, have the appropriate individual sign and return the original document along with the exhibits to this office within fourteen (14) days of receipt for my execution. If you wish to suggest any modifications to this Consent Order, please send me a proposed draft with the language you wish to delete struck through, e.g. ~^¢q~y~X¢gi, and the language you wish to add underscored, e.g. required. Should you have any questions concerning this Consent Order, please contact Teresa Frame of this office. Your cooperation is appreciated. Sincerely, Ernest E. Frey, P.E. Director of District Management EEF:TF .. frou•: i. ~...~ .. ._,. ?~ 1.~.1 ..: r.~:r r .: nnP .NC,u: G7 Resources CITY OF ~tlartic - ~losufa soo startrto>E aoAn _ .____.._.-__._ A77.A171'IC BFAC71, FI.OR~ JSI13•SKS 7'F1.FPHONE (90q Z(M800 ~l , FAX OOQ 2Q~51p5 February 8, 1996 Memorandum to: The Honorable Mayor and Members of the City Commission City of Atlantic Beach Subject: Consent Order -Department of Environmental Protection City Commissioners: Please be advised that the attached Consent Order No. 95-2971 was received in the mail today, February 8, 1996. It is my rewmmendation that you authorize me and the City Attorney to take whatever action is necessary. Respectfully submitted, ~\ . /y~-~ Jiip arboe City Manager Attachment G I s'.~8'".`~, gl 18~818i888'.851 ~ 8. I I R' I 1_; $ _ _ _. _ ~ _ _, i i I , ~ ~ . ; 'xlzl ° ° yl~ a a ~ , ~ ~ ~ ' ~ _ 1 O ~~8: 818 8 8 ~ I I i i.. R'= R' ~, ' ~:$', I' i i i' I i I ~ . ~ ~O K~~'~~~S ~ A V iN U. 2. ~: C . .f1 t. 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Yu~'E ~ ' i4. - x D 1 6 ~ dpQi °i WE ~ j ¢~ p -;%, iml ~ I I I I m ~ ; nl '~u I I> I l¢ I E el ; ' i 1 :o.i; I~ 3 I '1 ~ z Iq : fl,l}!° f I ~ t; I I.• I ~ =i V s ~' I_ I I € ° ' ~ I i 'a. ~i ' I QI ~ ~~~Ii > > °~bala°'d I~ I ~ ~m i I ~ m I i m :$ g 5,~> I I I.i 1"°t lay 'ml ,B . ss ;0 4 c I.~.sa. n, - - ~y CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: WATERLINE CONNECTION TO OCEANWALK SUBMITTED BY: Robert S. Kosoy/Director of Public Works DATE: February 6, 1996 The engineering firm of Connelly b Wicker designed and prepared the Department of the Army, Department of Environmental Protection and HRS Duval County Public Health Unit permits for a project to provide a westerly feed to the Oceanwalk Subdivision. This westerly feed will improve fire protection and provide a looped system at the northwest section of the City. On February 2, 1996, at 2:00 P.M. bids were opened for Hid No. 9596-7 for the Waterline Connection to Oceanwalk Project. Eight bidders submitted bids and the bid analysis is attached. The lowest bidder did not submit references with the bid but did telefax references to the Purchasing Agent's office at 2:32 P.M. Since the bid advertisement required that references were to be furnished with the bid, the City Attorney has advised that the low bid is not responsive. The funding for this project is part of the Capital Improvement Plan bond issue project Number 6, Water Main Upgrade Various Locations. It is necessary to fund the project from the water reserves fund and reimburse the reserve fund when the bond monies become available. A resolution is attached for this purpose. RECOMMENDATION: Award bid to Gruhn May, Inc. for $36,355.86. ATTACHMENTS: Bid Analysis Draft Resolutio(n~ REVIEWED BY CITY MANAGER: ~1~/1 -~, AGENDA ITEM NO. ~~ SECTION 3. This Ordinance shall become effective immediately upon final passage. PASSED BY THE CITY COMMISSION ON FIRST READING: PASSED BY THE CITY COMMISSION ON SECOND READING: Lyman Fletcher, Mayor Attest: Maureen King, City Clerk Approved as to Form and Correctness: Alan C. Jensen, Esquire City Attorney 14 Sec 23-22. Inspections The City shall have the authority to perform inspections of the subject property during developmerrt for the purpose of ensuring compliance with this chapter. The appGcam must pass inspections before further work is performed on the project. Sec. 23-25. Exceptions. Requests for modification of the standards of this chapter shall be made to the Tree Conservation Board. Upon receipt of such a request, the board shall thoroughly consider its merit and render a decision within thirty (30) days. The request shall clearly and in detail state what modification or exception is being sought and the reasons such a request is warranted. The Board may grant, modify or deny the request based on protection of the public's interest, preservation of the intent of this chapter or possible unreasonable or unnecessary hardship involved in the case. SECTION 2. Severability. If any section, sentence, clause, word, or phrase of this Ordinance is held to be invalid or unconstitutional by a wort of wmpetent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. 13 Upon appointment and approval to the Board, the members shall meet and organize by the election of a chairman and secretary. Rules and procedures shall be adopted for the holding of regular and special meetings as the board shall deem advisable and necessary in order to carry out its responsibilities. (d) I[ is the intent that at least two (2) members of the Board, if possible, be engaged in a business in the City. (e) The Board shall: (I) Review applications for site clearing and removal and relocation of protected trees, and render a decision on applications within 15 calendar days of receipt of said application and prior to issuance of a permit by the Director as called for in this Article. (2) Require mitigation of protected trees as called for in this Article. (3) Bring to the attention of the Director any violations of this Chapter and recommend appropriate action toward enforcement and correction as provided in this Chapter. (4) Review and make recommendations to the Director on requests for modifications of the standards of this Chapter. (f) The Board shall hold public meetings twice monthly or at other times established by the Board, to review applications and to discuss issues and projects relevant to its responsibilities. (g) The Board shall re~~ew, approve or deny requests for tree removal as called for in Section 23.17 and may require mitigation of trees removed. In determining mitigation requirements the Board shall consider the following: 1. The existing tree canopy of the lot: 2. The tree canopy of the adjoining lots: 3. The topography of the lot: 4. The efforts of the applicant to minimize the loss of trees, through the size and design of the structure: 5 The cumulative effects of the tree loss: 6. Tree removals will be consistent with the intent of this chapter and will not be detrimental to the public welfare. (h) The Board shall authorize or deny review, approve or deny requests for exceptions as called for in section 23-25. The Board shall disseminate news and information to the public regarding the protection, maintenance, removal and planting of trees. The board shall prepare a list of trees suitable for planting street rights-of--way, parks, and other public places and certain private property as may be needed. 12 amount of such contribution shall be determined pursuant to the formula described in Section 23.17, 5, b,(10); (3) If the site has been cleared and the trees have been removed from the site so that the Director is unable to determine with reasonable certainty the numLer of protected trees removed in violation ofthis subpart, the violation shall be corrected by paying a civil fine of up to $ I.00 per square foot of land cleared, which fine shall be assessed by the Code Enforcement Board. The contributions and fines assessed under this subsection shall be payable to the City immediately within seven (7) days after assessment All amounts received by the City pursuant to this subsection shall be deposited in the Tree Replacement Account. No work shall continue on the site until the tree replanting plan has been approved or the contribution and/or fine has been collected (d) Appeals. A person aggrieved by an administrative order, determination or decision of the Director may appeal the order, determination or decision to the Ci[y Commission. (e) Violation and penalties..A person who violates any provision ofthis section, and fails to correct the violation as provided herein shall, upon conviction thereof, be guilty of a violation ofthis ordinance and punished accordingly. A separate offense shall be deemed to have been committed for each tree removed, damaged, or destroyed contrary to the provisions ofthis ordinance. (f) Judicial remedy. In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the City of Atlantic Beach tray seek injunctive relief in the Circuit Court to enforce the provisions ofthis section. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs in an action where the Cite is successful in obtaining affirmative relief Sec. 23-19. Tree Conservation Board. (a) There is hereby created an administrative body to be known as the Tree Conservation Board composed of five (5) citizens of the City. Each member shall be appointed and approved by the City Corunission. An ex officio member shall be an individual trained in arboriculture, landscape architecture, forestry or some other closely related field. (b) All members of the Board will serve without pay. The members shall be appointed as follows: Two (2) for two (2) years and three (3) for three (3) years and serve until their successors are duly appointed and approved by the City Commission. Successors to the original members shall thereafter be appointed for terms of three (3) years. Vacancies caused by death, resignation or otherwise, shall be filled immediately for the expired term in the same manner as the original appointments are made. Members of the Board may seek reappointment but they shall not serve more than two (2) consecutive terms. to restore the natural shape of the entire tree, the guidelines in the National Arborist Association Pruning Standards for Shade Trees and tl~e American National Standards for Tree Care Operations (ANSI #2133.1) shall be followed. Protected trees shall be pruned to remove dead or damaged limbs and to restore this natural shape and fertilized as necessary to compensate for any loss of roots and to stimulate root growth. Any damage tc tree crowns or root systems shall be repaired immediately after damage occurs. 7. Enforcement; violations and penalties; stopping work, correction of violation; assessment and recovery of civil penalties. (a) Notice of violations. Whenever the Director has evidence that a violation of any provision of this subpart has been or is being committed, he shall issue a written notice or order upon the violator by personal service; certified mail Q, by posting a copy in a conspicuous place nn the premises where the +iolation has occurred or is occurring. The notice shall briefly set forth the general nature of the violation and specify the manner and a time within which the violation shall be corrected. (b) Stopping work. Failure to correct violations within the time period set forth in the Notice of Violation, shall constitute erounds for the issuance of .. Stop Work Order. All work on the site shall be suspended until the violations have been corrected. Correction of violation. A violation of this ordinance shall be corrected as follows (l) By paying the permit fee due the City for the work, which permit fee shall be twice the amount of the regulaz permit fee specified on the application which would have been due had the permit been obtained prior to commencing work, and by replacing the protected trees removed without a permit with new planted trees, unprotected trees or transplanted trees. The total caliper inches of the replacement trees shall equal the total caliper inches of the protected trees removed. A tree replanting, plan showing how the darttage caused to the site by the violation will H~ mitigated shall be subject to the review and approval of the Tree Conservation Board and the trees installed within the tithe limit stated on the permit. Replacement trees shall meet the requirements of Section 23.17.5, except that the minimum caliper of the replacement tree shall be four (4) inches, and the plan shall meet the requirements of Section 23.17.4, to the extern apphcable; or (2) By paying the permit fee due the City for the wor14 which permit fee shall be twice the amount of the regular permit fee specified on the application, which would have been due had the permit been obtained prior to commencing work, and by making a corttribution to the Tree Replacentem Fund to compensate for each rephtcetnetn tree which is not plamed. The 10 (7) Replacement trees shall be maintained by watering and guaranteeing the tree for one year. Failure to maintain the trees shall be deemed a violation of the Zoning Code. (8) A tree used for replacement shall be at !east ten (10) feet from any other tree planted, transplanted or preserved. (10) If the applicant demonstrates to the satisfaction of the Director that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall provide a monetary contribution to the Tree Replacement Account. The amount of such contribution shall be determined as follows: For every two (2) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two (2) inch caliper nursery grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a container grown, and a balled and burlaped two (2) inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October 1st. 6. Tree protection during development All protected trees, preserved understory vegetation, and trees retained for tree credit, pursuant to Section 23.17.5 hereunder, shall be protected from injury during any land clearing or construction in the following manner: (a) Prior to any land clearing operations, tree limbs which interfere with construction shall be removed and temporary barriers shall be installed around all trees and other understory vegetation to remain within the limits of land cleating or construction and shall remain until the completion of the work. The temporary barrier shall be at least three (3) feet high, shall be placed at least six (6) feet away from the base of any tree, shall include at least 50 percent of the area under the drip line of any protected tree or trees retained for tree credit pursuant to Section 23.17. 5, and the barrier shall consist of either a wood fence with two by four (2x4) posts placed a maximum of eight (8) feet apart, with a two by four (2x4) minimum top rail, or a temporary wire mesh fence, or other similar barrier which will limit access to the protected area. Tree protection shall comply with the guidelines in the Tree Protection Guide for Builders and Developers by the Florida Division of Forestry and arty other reasonable requirements deemed appropriate by the Director to implement this Part. (b) No materials, trailers, equipment or chemicals shall be stored, operated, dumped, buried or burned within the protected areas. No attachmertt, wires {other than protective guy wires), signs or permits shall be attached to a protected tree. When removing branches from protected trees to clear for construction or pruttirtg 9 accordance with accepted industry practices, including watering to insure survival of transplanted stock. Transplanted trees must be guarameed for at least one year. (b) Protected trees identified for removal on the site clearing or tree removal permit application shall be replaced with new planted trees, unprotected trees or transplanted trees. Protected oaks removed shall be replaced only with oaks. The total caliper inches of replacement trees shall equal one half (%:) the total caliper inches of protected trees removed; unless otherwise approved by the Tree Conservation Board. [f multi-trunked trees are used as replacement trees, then the total caliper of the four largest trunks shall equal the replacement caliper. New palms may be used only to replace protected palms removed. No replacement will be required for protected trees which are determined by the City to be dead or deteriorated as a result of age, insects, disease, storm, fire, lightening or other acts of nature. (1) New replacement trees shall be a minimum of Florida Number One defined in the most current edition of the Grades and Standards for Nursery Plants, Par I and II, published by the Florida Departrrtertt of Agricuhure and Consumer Services. Trees shall be a species having an average nature crown spread of no less than thirty (30) feet in Northeast Florida. Trees shall have a minimum two (2) inch caliper and a minimum often (10) feet in overall height. (2) Existing trees, three (3) inch caliper or greater, which are not protected trees or transplanted, may be utilized to satisfy tree replacement requirements, subject to the conditions stated in Section 23.17, 5. (3) New, preserved non-protected, or transplamed oaks used as replacement for removed protected oaks shall be four (4) inch caliper or greater. (4) Existing protected trees which would otherwise be removed from the site because of development, may be utilized to satisfy tree replacerttent requirements if transplanted to a location on the site which meets the requirements of Section 23.17, 5. (5) If protected tree removal is associated with new development, the name, size and location of all replacernertt trees shall be shown on the required landscape plan and such trees shall be installed prior to the final building inspection and isstrance of the CO. Otherwise, the name, size and location of the required replacement trees shall be shown on Lhe site plan required for site clearing or tree removal and such trees shell be installed within the time limit stated on the site clearing or trce removal permit. (6) Existing non-protected trees, transplamed trees and new trees used for replacement become protected trees. 4. Permit procedure and criteria for tree removal, relocation and replacement of protected trees. (a) Permits for site clearing and the removal or relocation of a protected tree shall be obtained by filing an application. Approval of the application by the Tree Conservation Board and issuance of a permit by the Director shall be required prior to any land clearing or grubbing, prior to any disturbance of the root system or site development, or prior to the occurrence of any changes to an existing developed site. The site shall be inspected to insure compliance with the approved site plan prior to any additional permits being issued. Applications for site clearing and tree removal or relocation shall include the following: (1) A site plan, at a scale which clearly illustrates the requiremems of this section including the following: (a) The lot configuration; (b) The location and identification of existing and proposed improvements, if any, including structures, water retention azeas, paving, grade changes, utilities, easements, and street rights-of--way or approved private streets; The location and identity by botanical or common name and dbh, of protected trees to be removed, relocated, or retained; (d) The location of preserve areas; (e) The location of ingress/egress corridors and staging areas; (f) "ihe location of all temporary protective barriers; (g) The location of all trees to be used for mitigation credit. (2) a statement explaining why the protected tree is proposed to be removed or relocated. (b) An application for a permit for the clearing, removal or relocation of a protected tree shall be reviewed as designated in 2a above and a decision shall be made thereon within fifteen (15) working days after receipt of such application or by agreement by both parties to a time frame. Any person, organization, society, association, corporation or agent thereof who intends to trim, prune, cut, disturb roots, or to destroy or remove any tree from a public easement, public property or right-of--way shall obtain a permit from the Director. All work shall be conducted in strict accordance with the National Arborist Association Pruning Standazds for Shade Trees, the American National Standards for Tree Care Operations (ANSI #Z133.1), and arty additional conditions of said permit. The City and its franchise agerts aze exempt from obtaining a permit to remove, trim, prune, cut, or disturb roots of any tree within a public easement or right-of--way. 5. Mitigation criteria and procedures. (a) Any relocation of trees in compliance with this section shall be performed in dwelling or a mobile home on an individual lot is located unless a permit for development, redevelopmem, or renovation, valued at 510,000 or more, is require, or anticipated within six momhs following tree removal; (2) Any tree located in botanical gardens or in state-approved or government nurseries and goves which are gown for sale or public purpose; (3) Any tree that poses imminent danger to the public health, welfare or safety, and requires immediate removal without delay. In such instances, verbal authorization to remove a protected tree may be given by the Director During the period of an emergency such as a humcane, flood or any other natural disaster, the requirements of this section may be temporarily waived by the Director, so that private or public work to restore order in the City will in no way be hampered. 3. Minimum tree standards (a) Minimum tree standards shall apply to all lots effected by permitted development, redevelopmem, or renovation valued at $10,000 or more. (b) Unless otherwise provided in this section, a minimum number of trees shall be planted or preserved upon each site, pursuant to the following standards which are the minimum requirements for landscaping within the City of Atlantic Beach. Trees shall not be placed where they interfere with site drainage or where they will require frequent pruning in order to avoid interference with overhead power lines. (1) Minimum tree planting requirements for all residemially zoned property upon which either asingle-family dwelling or a mobile home on an individual lot is located or to be located: One (1) 4-inch caliper tree shall be planted and/or preserved for every twenty-five hundred (2,500) square feet of lot area, or portion thereof, excluding therefrom preserve areas and water bodies. Preserving protected trees will offset this requirement. (2) Minimum tree planting requiremems for all non-residential zoned property upon which either asingle-family dwelling or a mobile home on an individual lot is located: (1) One (1) tree shall be planed and/or preserved for every eight thousand (8,000) sgtrare fed of parcel area or portion thereof, excluding therefrom preserve areas and water bodies in all commercial districts, except as otherwise provided herein. (ii) One (1) tree shall be planed and/or preserved for every ten thousand (10,000) square feet of parcel area or portion thereof, excluding therefrom preserve areas and water bodies in any industrial district or public (government) use district. topography or trees. (25) Street: The entire width of public right-of--way. (26) Tree: Any self-supporting woody plant of a species which normally grows to an overall height of a minimum of twelve (12) feet in this area. (27) Tree removal: Any act causing the death and/or elimination of a tree. (28) Tree Replacement Account: An account created by the Ciry of Atlantic Beach to be used exclusively for funding pubhc tree planting projects including up to ten percent l,10%) of the cost for general landscape material. Donations to this account shall be on a voluntary basis and may include monies donated per Section 23-16(13). (29) Understory: Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees. (30) Unique or special characteristic: A tree of unusual species, configuration, size, age or historical background, including but not limited to a live oak, cypress or magnolia tree of thirty (30) inches or more in DBH. Sec. 23-17. Tree Protection 1. Applicability. The provisions of this section shall apply to all protected trees within the City, unless specifically exempted herein. 2. Removal of protected trees prohibited; a:ceptions. (a) No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall art down, remove, damage or destroy, or shall authorize the cutting down, removal, damage, or destruction of any protected tree, as defined in s. 23-16 (20) hereof, or shall commit arty ad or authorize the commission of arty act which physically removes a protected tree or causes a tree to die, such as damage inflicted upon the root system by heavy machinery, chemicals or paving, changing the natural grade above the root system and tree damage permitting infection or pest infesKation, without first having obtained a permit as herein provided. (b) The following protected trees are exempted from the provisions of this section: (1) Any tree located on any property upon which saber asingle-family (20) Protected tree includes all of the following: (I) Private protected tree: Any tree on private property with: (A) wi[h a dbh of six (6) inches or more located on any lot within twenty (20) feet of a street right-of--way (including an approved private street or other access easement) and 20 feet from the rear lot line or located within seven and one-half (7-1/2) feet of any side property line, or (B) a tree with a dbh of twenty (20) inches or more located elsewhere on a residential lot and a tree with a dbh often (] 0) inches or more located elsewhere on a commercial or industrial lot. (2) Public protected tree: Any tree located on lands owned by the City, or other governmental agencies or authorities, or any land upon which easements are imposed for the benefit of the City, or other governmental agencies or authorities, or upon which other ownership control may be exerted by the City, or other governmental agencies, or authorities, including rights-of--way, parks, public areas and easements for drainage, sewer, water and other public utilities, with: (A) a dbh of six (6) inches or more located within a City or other governmental right-of--way, or located on any parcel within twenty (20) feet of a street right-of--way or rear parcel line, or located on any parcel within seven and one-half(7-1/2) feet of any side property line, or (B) a dbh often (10) inches or more located elsewhere on the parcel. (3) E:ceptionsl specimen tree means any tree which is determined by the City Commission to be of unique and intrinsic value to the general public because of its size, age, historic association, or ewlogical value or airy tree designated a Florida State Champion, United States Champion or World Champion by the American Forestry Association. The City Clerk shall keep a record of all specimen trees so designated and their location. (21) Protective barrier: A man-made bamcade to prevent disturbance of the tree's growing environment. (22) Public place: All grounds owned by the City. (23) Razing: To scrape, cut or otherwise remove existing trees. (24) Site alterations: Any manmade change, disturbance or damage to the existing 4 the intent to, or, N fact does develop said property for any construction (by himself or others) thereon for which an application for a building permit will ultimately be required. (7) Developmeet, redevebpment, renovating: Any construction for which an application for a building permit must be made prior to initiation of any improvement. Also, in the case of vehicular -use paving, any prepazation or pavement (concrete or asphalt) of a site intended for any type of vehiculaz use. (8) Director. Community Development Director or i s represent?tive responsible for adm;nisteripg building and site cle?rin~perrrits. (9) Dominant species: The specie occurring most frequently. (10) Dripline: An imaginary line extending perpendicularly down from the outer-most branches of a tree. (11) Excavation: The act of digging, cutting or scooping soil or in any way changing the existing grade of the land. (12) Hazardous: A danger by ~~rtue of location and/or presence of defects. (13) Mitigation: Trees required to be planted on property to replace a percentage of the trees removed during construction as defined in Section 23-17.3. or alternately, funds deposited in the Tree Replacement Account. (14) Municipal: Of or belonging to the City or it franchised agents. (15) Open space: All areas of natural plant communities or areas replamed with vegetation after construction, such as re-vegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns, and all other areas required to be provided as natural ground and landscaping (16) Park: All public parks owned by the City. (17) Positional conflict: By virtue of its location, the tree's drip line is encroached upon by site alterations. (18) Preserve area: Vegetative areas required to be preserved under the jurisdiction of the Florida Department of L-nvironmental Regulation, St. Johns River Water Management District and~or the United States Army Corps of Engineers or other regulatory agencies. (19) Property owner The person owning the property as shown in the County tax roles. (d) Promote innovative approaches to the design, installation and maintenance of trees, thereby encouraging water and energy conservation; (e) Increase and maintain the value of land by requiring a minimum amount of trees to be incorporated into development. (f) Preserve existing natural trees and vegetation where possible; (g) Promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use ofsite-specific plant materials; (h) Establish procedures and standards for the administration and enforcement of this part; (j) Establish a tree fund for the collection of monies from mitigation to be used for planting of trees in areas throughout the City. Sec. 23-16. Definitions. The following words and phrases, when used herein, shall have the meanings respectively ascribed to them: (1) Busier yard or strip means a strip of land, identified on a site plan or by zoning ordinance requirement, established to protect one type of land use from another land use that may be incompatible. The area is landscaped, maintained and kept in open space. (2) Caliper means the trunk diameter of existing or planted trees. Caliper shall be measured six (6) inches above the Bound for trees up to and including four (4) inches in caliper, and measured twelve (12) inches above the Bound for trees exceeding four (4) inches in caliper. (3) Construction: Includes erecting structures and buildings, placement of utilities, paving, topogaphical changes and installation of drainage. (4) DBH: The diameter breast height measured in inches at 4.5 feet above Bound level. DBH for multi-ttunked trees shall be determined by measuring each trunk immediately above the fork and adding the total inches together. (5) Designee: M appointed representative. (6) Devdoper/builder/contractor. My person, firm or other legal entity that purchases, ogees to purchase or otherwise holds an interest in real property with ORDINANCE NO. 95-95-64 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE II, TREE PROTECTION; DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City Commission of the City of Atlantic Beach desires to change the Tree Preservation Ordinance of the City, and WHEREAS those changes affect the powers, duties and authority of the Tree Conservation Board, and WHEREAS the Tree Conservation Board has suggested certain language modifications which are included herein, and WHEREAS the Tree Conservation Board has reviewed this proposed amendment and supports its adoption in its present form and content, NOW THEREFORE, BE IT ORDAINED BY THE C[TY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION I . Chapter 23, Article II of the Code of Ordinances of the City of Atlantic Beach is hereby amended to read as follows: ARTICLE II. TREE PROTECTION Sec. 23- I . Declaration of legislative intent and public policy. It is the imertt of these regulations to promote the health, safety and welfare of the current and future residerrts of the City of Atlantic Beach by establishing minimum standards for corrrrtrnrrities the protection of trees within the City of Atlantic Beach in order to: (a) Improve the aesthetic appearance of commercial, goverttmetttal, industrial, and residerrtial areas through the protection of trees during development; (b) Improve environmental quality by recognizing the ntunerous beneficial effects of trees upon the environment (c) Provide direct and important physical and psychological benefits to human beings through the preservation of trees to reduce noise and glare, and to break up the monotorry and soften the harsher aspects of urban development; AGENDA ITEM: Revised Tree Protection Ordinance SUBMITTED BY: George Worley II, Community Development Director ~~!< <~% DATE: February 6, 1996 BACKGROUND: At the request of the City Commission, the Tree Ordinance review committee met to review end address the written comments submitted by Mike Bomo. As a resuit of that meeting several changes were proposed to the ordinance. Most of the changes were simple language clarifications with the exception of one clause which the committee intended to remove but, due to a scriveners error, remained in the ordinance as adopted at first reading. A the joint workshop meeting of February 5, 1996 the City Commission, the Tree Conservation Board and the review committee met and discussed the proposed changes. During the meeting all of the expressed concerns of each of the involved groups were addressed. RECOMMENDATION: Upon consideration of the numerous small changes made to the ordinance while addressing the Mike Borno comments, and the elimination of the scriveners error, Staff believes that it may be necessary to move this revised ordinance as a substitute and adopt it on first reading at the Commission Meeting of February 12, 1996. If simple amendment is acceptable for making the proposed changes, Staff recommends amendment and approval of the ordinance. ATTACHMENTS: 1 ~ Revised Tree Protection Ordinance. REVIEWED BY CITY MANAGER: ' AGE IDA ITEM NO. SECTION z: The provisions adopted herein shall prevail over any existing sections of the Atlantic Beach Code to the extent said existing sections are contrary or inconsistent herewith. SECTION 3: This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the city Commission on first reading this day of 19?6. PASSED by the City Cosaission on second and final reading this _ day of 1996. ATTEST: MAUREEN KING City Clerk LYMAN T. FLETCHER Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney j,l~ A member's benefit shall be distributed to -----~-~-~•••••-+__ ~. u•e member ana the member's deSl Hated beneficiarvt in accordance with regulations to remain so disabled continuously and permanently from a cause other than as specified in subsection (c). If a firefighter or a Douce officer is found by h boa d o ~s a to have been disabled in the tine of duty total disability shalt be determined nn the basis of render~na useful and efficient service as a f; fighter or poli o i as h ace may be. `To the extent required bj~ Florida Statutes, any condition or iipairment of the health of a firefighter or police officer resulting from ondi ions as specified by Florida Statutes shall be ras~~med o have b n in erred in the tine of duty unless shown to the contrary by competent evidence provided the firefighter or police officer shall have successfully passed a ghysical examination upon entering in o s svi- with the city as a firefighter or police officer and the examination failed to reveal evidence of a presumptive condition. Sec. 2-298. Member Contributions. (a) Member contributions by benefit group fire shall be no less than five and five hundred fifty-five thousandths (5.5551 percent of salary and by benefit group police shall be no less than four and eight hundredth fifteen thousandths (9.815) percent of salary which shall be deducted from the member's pay and paid over into the retirement system at the same time as city contributions are made. .iL'L If a member who terminates employment elects a refund of contributions and: 1.1_L _~^+~ or all of the refund is eligible for rottov a m n as defined by the Internal Revenue service; and ~ elects to have such eliaihle distribution gaid direct<j,y to an eligible retirement plan or IRA; :1~ 1~.L gpecified the eligible retirement plan or rRA to wh' h ~ h di ib~ ion is to be paid (in such form and at such time as the distributing plan administration ma~prescribet; the distribution will be made in the form of a direct tr>>=*~~-to-trustee transfer to the specified e iaible retirement nlan_ Sec. 2-299. Benefit limit-r;ons ^nd Regained Distributions Iat Benefits psid under the City of Atlan i B a-h Emnloyee$ R m y=*em shalt not exceed the limitations of Internal Revenue Code Section 415 the provisions of which are hereby incozporated by reference. .r ORDINANCE NO. ?b -96- 2 ~ AN ORDINANCE OF TBE CITY OF ATLANTIC REACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEH, 3EC. 2-279(a) and (b), DISABILITY RETIREMENT, SEC. 2-298(a), MEMBER CONTRZBOTIONS, AND ADDING 2-298(d), TO BRING ELIGIBLE REFUNDED MEMBER CONTRIBUTIONS WITHIN THE FRAMEWORK OF INTERNAL REVENUE CODE SECTION 401(a)(31); ADDING A NEW SECTION 2-299 PROVIDING FOR BENEFIT LIMITATIONS PURSUANT TO INTERNAL REVENUE CODE SECTION 415 AND REQDIRED DISTRIBUTIONS PURSUANT TO INTERNAL REVENUE CODE SECTION 401(a)(9), AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida: SECTION 1. Chapter 2, Administraticn, Article `.'i, Division 3. Retirement System, of the Code of Ordinances of the City of Atlantic Beach, r'lorida, is hereby amended to read as follows: "Chapter 2 ADMINISTRATION ARTICLE VI DIVISION 3. Retirement System Sec. 2-279. Disability retirement-General conditions for eligibility. (a) ;, member having five (5) or ;core continuous years of credited service and having contributed to the retirement system for five (5) years or more may retire from the service of the city under the plan if, prior to his normal retirement date, he becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c) on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The five (5) years of credited service shall not apply to police officers and firefighters found by the board of trustees to have been disabled (as defined herein) in the line of duty. The minimum benefit for regardless of years of credited service. (b) A member will be considered totally disabled if, in the opinion of the board of trustees, he is wholly prevented from rendering useful and efficient service as a city employee, and a member of the retirement system will be considered permanently disabled if, in the opinion of the board of trustees, he is likely .~ , the bill, a penalty of ten percent (lOt) of thn ammount due shall be imposed and added to the bill. If thn bill remains unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and shall not be reconnected until all past dus charges have been fully paid together with a reconnect charge of fifteen dollars (S15.o0). If, after discontinuation of services, the bill remains unpaid, the city may acquire a lisa on the property being serviced which mmay be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied." BECTZON 3. This Ordinance shall take effect immediately upon its final passage and adoption. PABSED by the City Commission on first reading this 22nd day of January, 1996. P7188ED by the City Commission on second and final rending this _ day of February, 1996. ATTEST: MA4REEN KING LYMAN T. FLETCHER city Clerk Kayor, Presiding officer Approved as to form and correctness: ALAN C_ JENSEN, ESQUIRE City Attorney ORDINANCE NO. 80-96-57 AN ORDINANCE OF THS CITY OF ATLANTIC BEACH, FLORIDA, AsiENDING C)iAPTER 22, IITILITIEB, REC. 22-29, DIIE DATES AND LATE FEES, AND REC. 22-174, DELINQQEpT EILLB, TO EXTEND DISCONNECTION DATER 8Y TSN (10) DAYB, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, sec. z2-29 of the Atlantic Beach code of Ordinances currently provides that water service will be discontinued if the bill for said service is not paid within twenty (20) days from the billing date, and WHEREAS, see. 22-174 of the Atlantic Beach Code of Ordinances currently provides that sewer, water and garbage service will be discontinued if the bill for said service is not paid within twenty (20) days from the billing date, and 1PHERSA6, the city commission of Atlantic Beach desires to extend the disconnection dates for said utility services by ten (lo) days so that said services will not be discontinued unless a bill is not paid within thirty (30) days from the billing date. BE IT ORDAINED by the City commission of the City of Atlantic Beach, Florida: SECTION 1. Sec. 22-29 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Sec. 22-29. Due dates and late fees. Bi12s for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obliga- tion under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If the bill is not paid within fifteen (15) additional days (or thirty (30) days from the billing date), service will be discontinued. A fifteen-dollar (515.00) reconnect fee will be required to be paid, along with the full amount of the bill, prior to service being restored." SECTION 2. Sec. 22-174 of the Code of ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "bee. 22-174. DelingtleAt bills. if any bill for monthly sewer, water and garbage service shall remain due and unpaid on and after 5:00 p.m. on the fifteenth day from the billing date, dated on CY RESOLUTION NO.96-4 A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN 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 Beach, that the attached Budget Adjustment be approved for the 1995-96 budget: Account # Description Budget Amended Budeet Increase 001-2002-521-6401 Motor Vehicles $78,000 $130,500 $52,500 Adopted by the City Commission this 12th day of February 1996. Lyman T. Fletcher Mayor/Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Maureen King, CMC City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Purchase of Police Cars SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: February 7, 1996 BACKGROUND: The Police Department usually replaces police cars ar the rate of three or four cars per year. In this rotation, we would expect to purchase at least tkvee cars next year. Since Chevrolet is basically out of the Pohce Vehicle market after this year, the Ford Crown Victoria Police Cars are expected to cost around 520,000-521,000 next year. Last year the Police Department ordered four Chevrolet Caprice Police Packages from Garber Chevrolet in Green Cove Springs. Those cars will be delivered to Atlantic Beach within the next few days. We found that one of the departments that ordered police cars from Garber canceled their order. For that reason, we may be able to purchase two or three more Chevrolet Police Cars ar last year's state contract price...about $16,000.$17,000. If we purchase three of these cars at this time, we have the opportunity to save about S 12,000 wmpazed to the price of police cars on next yeaz's state contras. The markings of the cars and transfer of the radios and equipmem will add 5500 to 5700 per car. This purchase is based on the normal rotation of vehicles, and it is rat deperrdem on whether or not the City adopts a Personal Vehicle Program in the future. RECOMMENDATIONS: We recommend that the City Commission authorize the purchase of three (3) new Police Package vehicles, on state contras, from Garber Chevrolet, out of surplus general fund revenue. The total funding for the cars and markings should be no more than 517,500 each. ATTACHMENTS: None ~~ REVIEWED BY CITY MANAGER: AGENDAITEM• ~~ Section II. Improvements 1. Benches 2. Trash receptacles 3. Park signs 4. Walkway decking 5. Mileage markers far walking/ jogging trail Section III. Enhancements 1. Picnic Tables 2. Establish 100'x70' entrance off Seminole Rd.(under-brush) 3. Two-rail fence (Seminole Rd.) entrance) Adopted by the City Commission of the City of Atlantic beach this 12th day of February, 1996 Lyman Fletcher, Mayor Approved as to form and correctness: Alan C. Jensen. City Attorney Attested: Maureen King, City Clerk .. ~ RESOLUTION 96-3 A RESOI.UTIDN OF THE C1TV OF ATLANTIC BEACH, FLORIDA AUTHOR1ZIrJG STAFF TO PROCEED WITH THE RECOMMENDED PARK IMPROVEMENTS. WI~EREAS, The City Cornrnission of the City of Atlantic Beach recognizes and understands the importance of Parks and WHEREAS. Ttre City Commission of the City of Atlantic Beach understands the need for improvements in Howell Park and WHEREAS, the improvement=_ to Howell Park wit] not only optimize the Park, but will make it user friendly and inviting and, WHEREAS, The City Commission of the City of Atlantic Beach has addressed safety issues at a workshop and E>riha ncements and improvements were recommended, NOW. THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH that the implementation ^f the improvements below are authorized arrd are not to er,ceed '675.000: Section I. Safety 1. Bridges 2. Trials !Borders & Pathway) 3. Remove Er dispose of eroded railroad ties 4. Redesignate a portion of Howell Park as a conservation area S. Fill low areas as needed with dirt from Public Works J~ • ~ fiG.~ John Woody,lnc. F~ ~~ 3~--~- P 0 Box 60118 .btktanrilk, flonds ,11716 Plrerw: l9Gi1/7~7.1f f~ l.. November 7, 1995 ~~/ -' Smith 4 Gillespie 1100 Cesery Hlvd. Jacksonville, Florida 32211 Attn: Doug Layton Ref: Utili is Saltair Subdivision SiG 8505-21-01 Dear Mr. Layton, Attached are 3 copies of the contracts and bonds for the above referenced project. Please execute and return one copy. As discussed at the pre-construction confezence, we were awarded the entire project, including all alternates. It was our understanding that the time specified in the bid package was for the base bid only. We respectfully request an additional 50 days, making the contract period 200 days. We will mobilize and man the project the week of November 27th, 1995 and remain on-site until its completion. Please issue a notice to proceed dated November 27th, 1995 or as close to that date as possible. We look forward to working with you on this project, if you have any questions, please do not hesitate to call. cc: Bob Kosoy, City of Atlantic Beach Carl Taylor, Smith 6 Gillespie Jim Lucas, Jim Lucas i Associates Sincere President ~. ? : r ,• V ~~ Y - _ :~.~ESPIE ...~.,.~_;~. ANC. 81/23/1996 16:13 9846958881 Joha Woody,Inc. PO iot~riMr, f#orii 1Mw: /NII7LAt11! January 23, 1996 8~lth end Oillsspie Snglnear, Inc. p. O. Boa[ 53138 Jackaomrllle, Ii. 32201 1-ttn~ Doug Layton Rey Utility Iaprove~enta Saltnir 8ubdlvlalon City Ot 1ltlantic Beech, S6G iB503-21-01 Dear !!r. Lsyton: !1t the intersection of Poinsettia Street and David 7lvenue, we have sneountered a confllM between the new 30" store line and the eziatlrq 6' water akin. Below la our price to furnish and install 6" ductile iron pipe, 6' IS degree bends with reetrainad ~ointa and all other appurtenances below the new 30' stets line. Metarial Labor and pgllipsent Miacelianeoua (Throat Material Total Total .Till f~Y:fii1C PYIGE 82 15- s 791.91 71~.s~ lSe.N 1,681.91 252.28 8 1,931.19 I! you have any further questions, please do not hesitate to call. Me need to proceed ae quickly ao possible, eo wo say keep our schedule !or the road crew. Sincerely yours, Collars, CPC) • Vip president MW/eq John Woo P o Bor so17B Inc. 7i G ~~-~tC.1 'c.~rN r' cAT Jsckmnville, f/oriG J2138 PAorro: 19041783.1177 January 31, 1996 Smith s Gillespie Engineers 1100 Cesery Blvd. Jacksonville, Florida 32211 Attn: Douq Layton Ref: Utility Improvements Saltair Subdivision City of Atlantic Beach SiG 18505-21-01 Dear Mr. Layton, We are in receipt of your request for the addition of clean- outs at the termination points of the sewer services on the above referenced project. Furnish s install 6" clean-outs on services not installed ;135.00 Each Furnish 6 install 6" clean-outs on services already installed ;185.00 Each if you have any further questions, please do not hesitate to call. ' FEB } v ~1 ,~ I/~1:11JJ11~~ -:~LESPIE -•.i,i~~~crS..NC. m~ ~L John Woody,lnc. P 0 Box 60178 .,6cksonvi/k, floridi 37136 Phont: 1904/783.?I! J December 18, 1995 Smith i Gillespie Engineers 1100 Cesery Boulevard Jacksonville, Florida 32211 Attn: Douglas Layton Ref: Utility Improvements Saltair Subdivision S6G 48505-21-01 Gentlemen: We are in receipt of your December 6th, 1995, letter concerning the 2" water main on Sturdivant Avenue. It is our understanding the work involves tieing the existing 2" water main into the existing 8" water main, by installing a 2" cross connect across Sturdivant Avenue. Material 478.39 Labor i Equipment 935.00 Tap 150.00 Road Crossing 250.00 1,813.39 Profit ~ Overhead 272.00 2,085.39 If I can be of further assistance, please do not hesitate to call. Sincerely, 0o a Vice President cc: Robert Kosoy, Director of Public Works Carl Taylor, SiG Resident Observer Jim Lucas, Jim Lucas i Associates p i J~iJ J ~~ ZD • __...:~ SMITH /cND GILLES PIE ENGINEERS. INC. •osr orncr eoa •o~~e JACNSONVILL E. FLOe~DA 32201 1901 ]~]-6930 December 6, 1995 Q John Woody, Inc. Post Office Box 60218 Jacksonville, Florida 32236 Attention: Hr. Michael Woodall Vice President Subject: Proposed Change Order Utility Improvements Saltair Subdivision SfiC Project No. 8505-21-01 Atlantic Beach, Florida Gentlemen: ;N~( G~L.~ -tj OOUGW E. LAYTON. P E. MR reFSiOEMr Facsimile: 904/695-0881 The City of Atlantic Beach requests your detailed proposal co connect the existing 2 inch water main along the south side of Sturdivant Avenue to the 8 inch water main along the north side of Sturdivant Avenue at the intersection of Sturdivant Avenue and Magnolia Street. Hr Carl Taylor will be available to assist you in finding the exact location of the water mains. Please provide your detailed proposal for this additional work ac your earliest opportunity but no later than December 20, 1995. If you have any questions in this matter, do not hesitate co contact us- Sincerely, SMITH 6 GILLESPIE ENGINEERS, INC. n~c~ Ly Douglas E. Layton DEL:SBO cc: Mr. Jim Jarboe, Acting City `Tanager Mr. Robert S. Kosoy, p.E., Director of Public works Mr. Tim Townsend, Utility Plant Division Director Mr. Carl A. Tayloz, 56G Resident Observer Change Order No. 1 Cont'd... February 2, 1996 S6G Project No. 8505-21-01 page 2 Atlantic Beach, Florida 3. Reroute the 6 inch water line under the new 30 inch storm sewer in accordance with the Contractor's proposal dated January 23, 1996. $1,934.19 /~.. ~. Increase in the Contract duration of fifty (50) consecutive calendar days in accordance with the Contractor's letter dated November 7, 1995. The adjusted contractual completion date is therefore, May 15, 1996. .00 Total Authorized F.xtra Work: $12,904.58 Contingency Status: Project Contract Contingency $52,452.50 Extra Work Listed Above $12.904.58 Remaining Contingency $39,547.92 TOTAL CHANGE ORDER N0. 1: $0.00 It is further mutually agreed by the CONTRACTOR and the OWNER that the changes when completed by the CONTRACTOR shall increase the present Contract price, which takes into account any and all previous changes in the original Contract price, by the lump sum amount of Zero and 00/100 Dollars ($ 0.00 ) and an increase in Contract time for completion of construction of 50 days. ACCEPTED FOR THE OWNER By: Jim Jarboe City Manager Date: PREPARED: SMITH AND GILLESPIE ENGINEERS, INC. By: Douglas E. Layton, P. . Vice President ACCEPTED FOR THE CONTRACTOR M hael Woo li ice President Date: ~ ~ _ 7 CD Date: ~b~:uary 2. 1996 CHANGE ORDER N0. 1 Date: February 2, 1996 To Contract dated November 9, 1995 between the firm of: John Woody, Inc. Post Office Box 60218 Jacksonville, Florida 32236 hereinafter referred to as the CONTRACTOR and: The City of Atlantic beach, Florida hereinafter referred to as the OWNER for the construction of: Utility Improvements Saltair Subdivision Lucas Project No. 9539 S6G Project No. 8505-21-01 In compliance wick the GENERAL CONDITIONS of the above referenced Contract, CONTRACTOR and OWNER do both hereby agree that the CONTRACTOR shall make the following changes, additions or deletions to the work specified in the plans and specifications: 1. Furnish and install material and labor to connect the existing 2 inch W.M. to the 8 inch W.M. at Sturdivant Avenue in accordance with the Engineer's request for proposal dated December 6, 1995 and the Contractor's proposal dated December 18, 1995. $2,085.39 2. Furnish and install clean-outs at the termination points of the sanitary sever services in accordance with the Contractor's proposal dated January 31, 1996: A. 48 EA x $135.00/EA $6,480.00 B. 13 EA x $185.00/EA $2,405.00 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: CHANGE ORDER NUMBER ONE ON UTILITY IMPROVEMENTS TO THE SALTAIR SUBDIVISION PROJECT Date: February B, 1996 Page: 2. 4. Additional Time - The contractor did not anticipate that the City would award the contract with all three alternates and the design engineer, Mr. James Lucas, P.E. concurred that the contract duration of the project was predicated on the award of the base bid only. The contractor proposes to complete the entire project by May 15, 1996. The project was approved with a 10$ contingency of the base bid of 552,542.50. The purpose of the contingency was to account for problems encountered in older subdivisions when doing major rehabilitation work. The entire change order proposes to use $12,904.58, or 24.5$, of the contingency. The project is currently 18$ complete. RECOMMENDATION: Approve Change Order Number 1. ATTACHMENTS: 1. Letter dated 2/5/96 from Doug Layton, P.E. to Robert S. Rosoy, P.E. Five copies of Change Order Number 1 for signature by the Citp Manager. REVIEWED BY CITY MANAGER: ~~ AGENDA ITEM NO. ~ F CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: CHANGE ORDER NUHBER ONE ON UTILITY IMPROVEMENTS TO THE SALTAIR SUBDIVISION PROJECT SUBMITTED BY: Robert S. Kosoy/Director of Public Works ~~~ DATE: February 8, 1996 BACKGROUND: During construction of the Utility Improvements to the Saltair Subdivision Project it was determined that the following additional work would be required: 1. Loop 2 inch water main at the intersection of Sturdivant Avenue and Magnolia Street - The design plans did not call for the contractor to connect a dead-end 2 inch water main on the South side of Sturdivant Avenue to the 8 inch water main on the North side of Sturdivant Avenue. The contractor proposed to make this connection for .................$2,085.39 2. Conflict at the intersection of Poinsettia Street and David Avenue - The new storm drain to be constructed on David Avenue conflicted with the existing 6 inch water main on Poinsettia. The contractor proposed to reroute the water main under the new storm drain fcr ..........................S1,934.19 3. cleanouts - No sewer lateral cleanouts at the right- of-way were shown on the plans. As on the sewer line on Seminole Road between 17th and 18th Streets, it has been City policy to require these cleanouts with all new construction in the City. in this manner, when a sewer problem occurs, City personnel can determine quickly and precisely whether the backup is caused by the City's main being clogged or whether a homeowner's plumbing is clogged. The contractor proposed to install a total of 61 cleanouts throughout the project for a total price of.........S8,885.00 f Z gW F a W 0 W V N W W ~_ LL U Q W m U F- 2 Q Q W Q D `O r W } J Q H O ~~m~~yy~yyt~~• m~~(~O~~aa~^~^~~~ ~~ t~Nln~ Ol O~i OI~~A ~~N cjgnigqqq~oqoo~NOo j ~ ~ ~ ~p~p~yj!~~~ •~~~~7yp(X~ ~ O ~ C N t7 W O!D N~~ ~ I~lOOry0O0 W CCC R' a $.~ommNroN~~~~Nmo yin + y ~ a £ ~ O ~-ONm N 1~ ON ~ ~.-.-NNO t~f ~~ O ~ 0000000000000000 0 > r m °3 5 o s W LL f~ f O K Q~ Z N ~ m a r ~ as a ~ o U U J rn 6 f a U N W U U y U W V Q W s a~ LL LL i a' ~? 3 W>~ i cal ~ ~ n O V E 's- ~~~~xx~~~x~~~~~~ o ~ ~ Rnoni~mri$~ooomoo = t ~ cai m~maa.-mmm~N~oeN~ 2 ~`~1700~mmm'-N~OfN~ m ` ~ r O 3 0000000000000000 $3~ oe LL J V' F N W~ ~ ^ ~ a Z 0 ~ ~ O W a Z~ u C~ m N ~ U U U y~ 1 Zy a yOOV1 m~ V Jj Zq V W U L W W W R Q< J 6 ~~ J yZj J y=j `0 y Q ~ 3 R LL LL Z~ M?; ~>~> a I f F 2 cW NC Inf. a W 0 w U W S Q W V Q J Q O a w J cT. G Q a ~~ ~~ LL x~ J JV O µr O a z LL O H Z 0 J Q U W a J J a V J H LL O Q. } d' Q Q LL O 2 F- Z O r z '2 J Z (n ~ 0 ~ N la-~Z Z W (nU Q ~ Q QaQ m LLQ: ay J ¢ a W J a J a F O~ J LL J W a U U V U a~ j U N W O U~ U J V OO(dWW 1-W W~W2~2Wy www~~`~~a>-Jw~wa- oho owe ~~~~oe oe~~~o fee to O ~ 0 0 0 N 0 0 0 0 0 0 0 0 0 OO1m f0 t~ O N!~ (0 f~ OOi O1 OOO 000 c7 N O t0 Nth N 000000 N r N~ f")? O'- W tD~~ NCO QN~' t0 O ~ y°y~~ z ~s~ U ~ C 0 y Z K Q O F W N 2 ~ gz w~ ~ m `W L\I C n 9 _ F- F- W 2 Z J W W ap~pN Y tON 1~NO~ Q N Z si JZ rn~ p H a ~ H ENO ~ to ~ O Z~ ~ W U 3~ y Z Z W O S W J _ LLga~'J a ~ ao< 0 ~~~~ U W a a j J a¢ a~ W a J= w W U ~ W ~ 7 U W W W S~ ~ F V 0 0 0 Q U mC B a pO W N N1 - xO) ~ W W W d'KQ ~a>-J W S W aN 0 m 7 Q JF-7d ~ ~~a~LLx~cn?3d>m>c7~ ~ a mmac> ~p~p~o ~p~p(~(ppe ~~~p~p~~pp~p~pp OOi000i~0lOON~ YOl 010010 ggri~<c0qqqc~vq~iooo oMo O~ S T C~ O` F~p tl` 6~ T C O~ ~T(y~ tl` tl~ tl` O O~~ m O 1 A fNV ~ O~ O N O O O O Gtr NGD O N Nf7G OON 000 N ~ ~ ~ o v1 u1 N r o N .- ~ ~ ~ N vl o ~t CITY OF ~ ~e~ - ~ February 6, 1996 TO: ]im Jarboe, City Manager THROUGH: David Thompson, Public Safety hector FROM: John Ruley, Fire Chief REF: Monthly Report for January 96 ATLA\TIC BEACH F7Rt'RESCUE tl5t1 SEMI\OLE ROAD ATLA\TIC BE4CH. htORIDA 3?IIS TELEPHO\E iYfl.ti ~i1-5859 Attached is a copy of the data from the run reports for the month of January, 1996, and a comparison of runs for January 1995. In addition you will see a report showing current year 1996 as it compared to the totals for the same time last year, 1995. As indicated for the month of January 1996 the Fire Rescue Department responded to 115 calls for service. This figure is about up 11.7% from the same time last year (January 1995). The average response time for the month is about 2.8 minutes and is well within the normal response time to calls within the city. Comparing our total year to date figures with last years totals, you will see that our call volume is up 11.7%. . This month our calls for medical related service is about 66% of our total call volume. This figure is slightly higher then the 58% last year same month. The fire related call percentage for this month is about 6% which is about 9% less then the same month last year. There were no major fire losses during the month. There was one significant life saving effort in which the public, police and fire departmems revised a citizen that had gone into cardiac arrest. The use of the automatic defibrillator restored the victims heart to a normal rhythm prior' to the intervention of drug therapy performed by Jacksonville Paramedics. City of Atlantic Beach City Commission Meeting Staff Report AGENDA ITEM: FIRE DEPARTMENT MONTHi,Y REPORT FOR JANUARY 1996 SUBMITTED BY: John Ruley, Fire Chief DATE: February 6, 1996 BACKGROUND Attached is a copy of the Monthly report and fire report data. RECOMMENDATIONS: To have this report part of the consent agenda for the February 12, 1996 commission meeting ATTACHMENTS: Copy of Fire Department monthly report and fire report data. RECEIVED BY CITY MANAGER: AGENDA ITEM NO. ,._ .y~ ITY OF ~e ~~ - ~ 1'A RKS & RECREATION DEPT. 716 OCEAN KOULEVA RU A'1LA N79C BF.AC R, FLORIDA 32'183 7'EI.Ef'RONE (9041 247-5828 FEBRUARY 1, 1996 T0: JIM JARBOE, CITY MANAGER ~'/~./~~.J////~, FROM: TIMMY JOHNSON, RECREATION DIRECTOR~~) RE: USAGE REPORT, COMMUNITY CENTER, JANl1ARY '96 JIM, HERE IS A RECAP OF ACTIVITY AT THE ADELE GRACE COMMUNITY CENTER FOR THE MONTH OF JANUARY, 1996. GROUP/EVENT # MTGS./ # PEOPLE °~ TOTAL USE AA MEETINGS 8 96 10 ABET REHEARSALS 23 414 42 ABET PERFORMANCES 7 323 33 ARTS & CRAFTS 1 10 1 BOARD MEETINGS 4 54 5 CRIBBAGE/SCRABBLE 6 42 4 HOMEOWNER'S ASSOC. 1 20 2 STATE ATTY'S OFC. 1 9 1 TEEN COUNCIL 2 24 2 TOTALS gg2 t00% INCREASE/(DECREASE) IN TOTAL USAGE FROM PRIOR MONTH 77 y rJ CITY OF ATLANTIC BEACH Code Enforcement Activity Report DA E- FR M: 10/1 95 T :1 31 95 PREVIOUS PRESENT YEAR TO CODE VIOLATIONS MONTH MONTH DATE Abandoned Vehicles CAR 13 ~ 21 i 86 Vehicles Im ounded IMP 2 2 $ III all Stored Boat/Trailer BT 2 3 16 Housin Code Violations SHC _ 2 1 6 Hazardous Conditions HAZ 0 ~ 1 7 Un rmitted Construction PRM 2 -- ~ l y 8 Zonin Violation ZON 6 7 _ 29 Unlicensed Business LIC 0 9 11 Si n Violation SGN _ 1 $ 9 Over rown V elation VEG 12 _ 4 _ _ 47 Trash Com lain[ TRS 3 3 16 Noise Com lain[ NSE -~ _ 1 _ 2 Nuisance Com taint NUS 0 _ 0 1 Health & Ssfe Hazard HEA 6 4 18 Animal Com taint ANM 1 2 3 Water & Sewer Bill Com taint B[L 0 0 0 Sewer S stem Com taint SEW 0 0 2 Garbs a CBG 0 1 6 Storm Water/Drains a STM 0 0 1 Other Oth. 0 0 0 TOTAL'S ~ g7 Com taints in Com lisnce I $0 Number of Complaints Outstanding ~ 100 er c vl es: o e n orcemen oar arc Case #0097 -Bill M. Arzie -Violation FL S. .767 dan erous d was u held b the board. Mr. Arzie is t:om I in . Case #0100 - Mr. Willie Davis - Mr. Davis has ex ressed his intention to connect to ci sewers stem Code Enforcement board, Janus 30, 1996 Case #0102 -Julie "Cham "Kaufmann -violation S.S. 767 dan erous do was u held b the board I I Compiled by: Karl Grunewald ctiT a ~e spa cnT ~u~ reeaa srarr aewz ACOmA Iidi Code Enforcement Report January 1996 SUi/IT}m STS Karl W. Grunevald OATLS February 2, 1996 AAlxt~01111Ds January 1996 Code Enforcement Report u'~AlIO~i ATTA~s: RtVl[Ym ~T CITi M~RACai ~~ 2!~ ~. CITY OF ~tlartic a'eack - ~lotida '~ -------l/-E -M- O-R A--N D U M February,l, 1996 T~ Jim Jarboe, City Manager~~ FROM: Don C. Ford, Building Officia](~. RE: Building Permits ~}~' nno seuixo~e RoAu ATIAVTIC RF:1('H. FI ~iRIDA :3P'?3a-5445 TF:LEPHUAE X504! 24.5~(i0 FA.\ ! 414 ~ 14 ~ ~.iR(IS scx<-o~t s.iz~saw Please be advised that the following permits wece issued in the month of January 1996: TYPE PERMIT NO.PERMITS PERMIT COST CONST.VALUATION New Single Family 2 New Duplexes New Townhouses 2 Additions/Remodels 13 Swimming Pools Commercial/New 3 Commercial/Remodel Garage/Carports Demolitions (Interior) 1 Demolitions (Garage) Demolitions (Commercial) Sheds 1 Fence 2 Driveways Signs 1 Tents Trees Utilities g Wells Roofing g Miscellaneous perm its issued construction, additions, remodeling, 7,341.24 222,690 5,695.58 151,571 1,355.72 141,032 6,233.50 201.500 50.00 37.50 20.00 19.20 13,355.00 180.00 28,809 in connection with new etc: No. of Permits Permits Costs Electrical 34 1,203.50 Plumbing 29 1,143.00 Mechanical 36 1,563.00 Inspections performed last month: Building Concrete Electrical Plumbing Mechanical Misc. 67 30 58 66 48 2 Occupational License Inspections - 6 INFORMATION COMPILED BY PAT HARRIS - BUILDING DEPARTMENT ct:i a •~t~sle ~ ecn a~ma~ ~~ srrr aewt ACOIt1A IlOft Building Permits Report for Jan.4ry, 1996 SOL/f11}m Iii Don C. Ford, Bullding Official DA7'6s February 1, 1996 M~RC~OQIDt January 1996 Building Persita Report A=Iat A2T~L~{s t RL~ItYm 1! CI?! NAt•ACt~ ~~- ~ w. ~~ c a <w ~ ~~ a W ~ •o. ~_ ~5 s ~ o Y € Y c u o x ` _ ' ~', : ~.. ~' G `3F~t`i Y '0 3 iii ~` ° ~ ° j o r `o ~ "' J 3 ~ V Y= J C O J j V s~ - "~ ~E a: a.. ~ ,. ~s » <: _ :» :s os ~i s3~aa a~ ~=a a: a ~» s~ ~$ ~a i V ; tr~~ J P s ~ ~~ fo. r Y O ~ ~ ~ i s t~ O~ ~ Y rv < r Y~ V V r Y Y M~ w ~ ~ ~ Y O w i J Z > )< O M H~ y O Y ~ - F ~~ O~ i ~ < ~~ ~ j~ « e'~ a `° ~ o` ~ r ~ 3 t i C C S r a Y = 3 e< ~~ ~' •. a < w = ~ ~ < yYy _ Q e y~ i ` Y Y i Z_ ~}F Y ~ G ~ i r G < • ~ C ` i ` •° ~ D 1 ~ i J F F ~ F> 4 a~ M p F< V ~~Ynll >~ Y r V r ~ FF o w < 3 a ~ `' e ~ ~ ` _~= .,~ {: j Z _ f~ Y _ « ~ < < f Z, Fae `p u y G w F C V j ` O u ~ < . > f S V 1 O ~' ,g ~x _: -fig ~=g ~ '~ ;: 8 =_ ~ -~~ _ ~cr 3 V "<~ 3 J ~ G a ~ ~~ i Y F« T~. ~. F :~ ° i O O)~ i w V '~ ~ j~ z _ >~ J J < Z < r F V p ~ V f Y~ x r O ~ ~ r !' ~ w f~ 4 C r u J p j i e ~ d i m J G ~ ~~ ~ ~ f _ _ w J j ~ i r m y Y « O r ' 1 0 J\„ Z i~ f 0~ V= i y w ~ rj ~ f~ a - ~ a c « `r r. r r f ~ - c~ JJJ„ : ~ o = Y u a Pi = r a. .7 r ~JO~ ~ °- r ~ ~ n ~ .~ i. ~- S. Y < < < Z V -Oi S O N f V< V V« y r V V< V F V ~< Y i O y G w i O \ p i > Fem.' ~ < yO _ ~ u Y O ~ ` y H O U ~ < ~ Y Y O r ~ f ~ ~ ~ i° ~ ` F • w < - ~ ~ ~ w y r i~pypt a np~ o.a ~a,. F ~~ ~ O ~ j Y a O O <~ J S 3 r~ ~ O O C s~ yyi Y i~ Y ., a r :. • Z ~ 3 t VF ZO ~ ' VVj. N ~ ~ J w ~ ~ J Y ~ ~ Y ~ < ~ y Y - °°; ~ wee w :~ _ - ~~_ ~~'°_= -JUG ~~ °__ ~ Zw Y ;,~ ° ?° . V Y O ~ O V V< r V ~ ~~ F V V f J ~ w• u~ r. 0• w• V••• V~~ V P• Vi w .. r ~ . V '~ V y - r w I w~. w O w . O JO Y ~ S ~ _e u u « ~ ~ G ~ < ~ ~ ~ ~ w = r «~c f ~ y. ~ '< a ~ j a r z_ ~Yt FO i Y Y O F O j ~ Y `i < F S• u < O j y M ~ O F > > i VO r 3r ~ ~ "=i 87 ~ ~= E rt 8 ~ ~Z ~ 3 ~~; ~ sE 3 ~ ~ ~3 _ .. - _ Y r - = - C-xh~h; f ~ / i/z2./~~~ />'~enc~l~~ CAPITAL IMPROVEMENT PLAN PROJECT STATUS REPORT SUBMITTED: ~-,Lyt~~ ~/I1~gG ROBERT S KOSOY, P.E. ~- D[RF.CFOR OFPUBLIC WORKS ~ITAL-&HFRUVBM~'`FROJF SUNS A UARY~2~996:,.,:- I. NEW WELL CONSTRUCTION WATER 1. STAFF WB.L REV~W PRELIMPIARY TREATMENT PLANT X2 PLANS FOR WELL 2. WATER & SEWER IMPROVEMENTS 2. DESIGN ENGWEER TO SUBMIT PLANS, OAK HARBOR SPECIFICATIONS AND PERMIT APPLICATIONS ON 1/30196. 3. WATER METER MSTALLATION AT 1. WILL PREPARE BJVENTORY OF ALL CITY FACB.Ti1FS LOCATIONS THIS WINTER 1. CORROSK)N REDUCTION UNIT FOR 4. WILL INCORPORATE INTO WATER WATER SYSTEM TREATMENT IMPROVEMEN-T PROJECT AT ASSISI LANE 3. WATER & SEWER IMPROVEMENTS FOR S. PERMITS ARE BEING REVIEWT:D BEACH AVENUE 6. WATER MAIN UPGRADES VARIOUS 6. THE WATER MAIN UPGRADES WTTHIN LOCATIONS THE STORMWATER BASINS OF PROJECT NO. 12 WILL BE DESIGNED AS PART OF PROTECT NO. 12. THE OCE4NWALK WATER LINE H4S BEEN DESIGNED AND BIDS WILL BE OPENED O\ FEBRUARY 1, 1996 7. SEWER REHABILITATION-ATLANTIC 7. THE SEWER REl1AB WORK WITHIN THE BEACH S BUCCANEER STSTEAIS STORkIWATER BASINS OF PROJECT NO. 12 WB,L BE DESIGNED AS PART OF PROJECT NO. 12. THE SHERRY DRIVE SEWER LL\E \V1LL DE SLIPLI\ED .4S PART OF THE SALTAIR SUBDIVISION PROJECT. 8. NEW MASTER LIFT STATION 8. THIS PROJECT WILL BE DESIGXED AS BUCCANEER WASTEWATER PUNT PART OF PROJECT NU.9 9. FACILfTY IMPROVEMENTS BUCCANEER 9. REQUEST FOR ENG'G PROPOSALS DUE \1'.4STE\1'ATER PLANT 22?196. HARRY V1C\ALLI' \1ET UITH FIVE INTE1tESTED FIRMS TO EXPLAIN PROJECT PARAMETERS 10. SULPHI:R DIOXIDE INSTRU!dENTATION 10. COMPLETE .4ND CO\TROIS 11. INFLUENT FLOW METER 11. THIS PROJECT WILL PROBABI\' BE AND CON'fRO1.S INCORPORATED INTO PROJECT NO. 9 13. STORM\\'ATER \1ASTER PLAN 12. REQUEST FOR ENG'G PROPOSALS DUE CITY-WIDE IMPLEMENTATION 1JI SN6. PW DIRECTOR HAS NOW MET \VITH FIVE INTERESTED FIRMS TO EXPIAL\'PROJECT PAR4METERS. /.- Minutes, Page 4 i'~~r~s-s' 44f~ D. Report and recommendations relative to animal control ordinance (this was deferred until the meeting of February 12, 1996 due to the absence of Chief Thompson) Jim Jarboe encouraged staff and commissioners to attend a hurricane conference to be held in Orlando, April 2nd, 3rd, and 4th, 199ti. Commissioner Meserve requested that a workshop be scheduled to discuss the proposed tree ordinance, and that no other item be placed on the agenda. Mayor Fletcher reported the city enjoyed a 95% set out recycling effort during 1996. There being no further business the meeting was adjourned at 7:40 p. m Lyman T. Fletcher Mayor/Presiding Officer ATTEST: Maureen King, City Clerk NAIdE OF COMMRS. M S V Y V N Minutes, Page 3 r ~~ ioo~ The question was called and the motion tamed unanimously. B. Discussion and subsequent action relative to the salary of the City Clerk Jim Jarboe explained he had conducted a survey of other similar municipalities and that the salary of the City Clerk was approximately ]0 percent under other city clerk salaries. A discussion ensued and the Commission indicated their desire to bring the City Clerk's salary up to the median salary of other similar municipalities. Motion: Bring City Clerk's salary up to median salary of other similar municipalities, not to a:teed a 10 percent increase, retroactive to October 1, 1995 No discussion before the vote. The motion cartied unanimously. C. Appointment to the Tree Conservation Board (this was deferred until the meting of February 12, 1996 $, C~1 y Manager ReAorts and/or Correspondence A. Report concerning College Spring Jam lim Jarboe explained Uavid Thompson, Police Chief, was out of town and he requested that the matter be deferred until the meeting of February 12, 1996. tvlr. Jarboe indicated that the city intended to apply to the Tourist Development Council in Jacksonville for financial assistance of overtime pay incurred during the spring jam. B. Report relative to construction of sewer line to serve the Coast Guard Station at Mayport Jim Jarboe reported plans to construct the sewer Gne were moving ahead. He explained the City of Jacksonville, the Coast Guard, and Mayport businesses were in favor of the project. C. Status report on capital improvement plan projects Bob Kosoy, Public Works Director, reported concerning the Capital Improvement Plan Project pursuant to the attached report dated January 19, 1996 (attached hereto and made a part hereof -Exhibit A). NAME OF COMMHS. M S V Y V N ESERVE X X ED X OSENBLOO X X LETCHER X Minutes, Page 2 ~a~y-''~, i oo~ A. Acknowledge receipt of Public Works Status Report B. Approve purchase of Rotary Broom Mower at a cost of 53,250 from Coastal Equipment Systems, Inc., pursuant to the specifications of Bid No. 9596-5 Motion: Approve passage of Consent Agenda No discussion before the vote. The motion tamed unanimously. 5 Action on Resolutions: 6 Ordinance 80-96-57 -First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 22, BY CHANGING, SEC. 22-29 TO EXTEND THE WATER DISCONNECTION DATE BY TEN (t0) DAYS AND PROVIDE AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 80-96-57. Motion: Approve passage of Ordinance No. 80-96-57 and set public hearing for February 12, 1996 1im Jarboe explained it was the intention of the city to provide better service to customers by giving additional time for a water disconnection date in the event of an unpaid bill. Following brief discussion the question was called and the motion carried unanimously. 7 New Business• A. Authorize the Mayor and City Clerk to execute the 9-1-1 Interlocal Agreement Jim Jarboe explained the intent of the agreement. He indicated the agreement was renewed every year and there was no cost to the city. Motion: Authorize the Mayor and City Clerk to e:ecete the 9-1-1 Interlocal Agreement NAME OF COMMAS. M , S V Y V N SERVE X EED X X OSENBLOO X X LETCHER X SERVE X ED OSENBLOOM X LETCHER ESERVE X EED X X OSENBLOOM X X LETCHER X MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7: I S PM ON MONDAY, JANUARY 22, 1996 PRESENT: Lyman T. Fletcher, Mayor John Meserve Tim Reed Steve Rosenbloom AND: Jim Jarboe, Acting City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk ABSENT: Suzanne Shaughnessy (excused) The meeting was calf to order. The invocation was followed by the pledge to the flag. 1. Approval of the minutes of the Re¢ular Meeting of tnnuarv~ 1996 IM s~ o e~ 7 C I o NAME OF I O N COMMAS. N D V O T E D ~fESERVE I X X Motion: Approve minutes of the regular meeting of EED I X January 8, 1996 OSENBLOOM. X X LETCHER ~ X No discussion before the vote. The motion carried unanimously. Avis Jones, 1584 Cove Landing Drive, referred to a request she had made at the meeting of January 8, 1996 that her water bill be adjusted, and indicated she had not had a response from the City. Mayor Fletcher indicated that he and Jim Jarboe, City Manager, would be meeting with her later in the week. William McGee, 1831 Selva Marina Drive, complained of poor visibility at the city's lift station located at Saturiba Drive and Selva Marina Drive. Jim Jarboe indicated the Police Department would conduct a visual inspection of the site. Mayor Fletcher indicated Item 7C would be deferred umil the next meeting in order to allow time to consider candidates for appointment to the Tree Conservation Board. 4. Consrnt Agenda: Page Two Commission Agenda February 12, 1996 New Business: A Authorize the Mayor and City Attorney to take action as needed to accept sewer line in Sevilla for public maintenance (Alan Jensen) B. Award contract for construction of a water line connection to Oceanwalk pursuant to the specifications of Bid No. 9596-7, to Gruhn May, Inc. at a cost of $36,355.86 (Bob Kosoy) C. Discussion and related action on ditch sprayinglcleaning (Bob Kosoy) D. Appointment to the Recreation Advisor; Board E. Report and related action in wnnection with Department of Environmental Protection Consent Order (1im Jarboe) F. Approve Change Order No. 2 in Atlantic Beach Wastewater Treatment Plant Expansion Project in the additive amount of $4,633.85 (Bob Kosoy 8. City Manager Reports and/or Correspondence: A. Status report on capital improvement plan projects (Bob Kosoy) B. Report concerning College ]amSplash planned for April 12-14, 1996 (David Thompson) C. Report and recommendations relative to animal control ordinance (David Thompson) D. Report and related action on personal vehicles for police officers (David Thompson E. Adoption of Pay Proposal for non-union general employees (John Campbell) F. Report relative to City Manager's Secretary/Human Resources Director position (Jim Jarboe) 9 Reports and/or requests from City Commissioners, City Attorney and City Cterk Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at arty meeting, such person may nced a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appea! is to be based. Arty person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the emrance to the Commission Chambers. .. ~ CITY OF ATLANTIC BEACH February 12, 1996 AGENDA Call to order Invocation and pledge to the flag l . Approval of the minutes of the Regular Meeting January 22, 1996 2. Recognition of Visitors: A Department of Transportation representatives with a report relative to Mayport Road/Atlantic Boulevard interchange modifications B Jce Welsh, I'urvi~ Gray and Company, to present audit report for fiscal year 1994/95 C. Introduction of new Fire Fighters 3. Unfinished Business: 4. Consent Agenda: A. Acknowledge receipt of Public Works Status Report (Bob Kosoy) B Acknowledge receipt of Building Report for January 1996 C. Acknowledge receipt of Code Enforcement Activity Report for January 1996 D. Acknowledge receipt of Recreation Facilities Usage Report for January 1996 E Acknowledge receipt of Fire Department Report for January 1996 F. Approve Change Order No. 1 in Saltair Utility Improvements Project (Bob Kosoy) Action on Resolutions: A Adoption of Resolution No. 96- 3 approving certain improvements in Howell Park, and authorizing staff to proceed with such improvements (Timmy Johnson) B Authorize the purchase of three new police package vehicles from Garber Chevrolet az a cost of $17,500.00 each, and adopt Resolution No. 96-4 approving the funding for such purchase (David Thompson) C. Adoption of Resolution No. 96-5 supporting Greenscape of Jacksonville in their application for grant funds to beautify medians on Atlantic Boulevard from Mayport Road to Third Street (Mayor Fletcher) 6. Action on Ordinances: A. Public heating and final reading of Ordinance No. 80-96-57, amending Chapter 22, Utilities, to extend disconnection dates by ten (10) days B. Public hearing and final reading of Ordinance No. 58-96.21, amending Chapter 2, Administration, Article VI, Employee Benefits, Division 3, Retiremem System, to bring several sections within the framework of the Internal Revenue Code C. Discussion and final action of Ordinance No. 95-95-64 atnettding Chapter 23, Vegetation, Article II, Tree Protection Change Order No. 4 Cont'd... February 22, 1996 S6G Project No. 8505-17.01 Page 2 Atlantic Beach, Florida CURRENT CONTRACT STATUS CHANGB ORDER N0. 1: $11,967.69 CHANGB ORDIiR N0. 2: $ 4,633.85 CHANCE ORDER N0. 3: $19,833.77 CHANCB ORDER NO. 4: 815551.40 TOTAL AUTHORIZED WORK TO DATE: $52,086.31 ORIGINAL CONSTRUCTION CONTRACT: $4,003,739.00 TOTAL AUTHORIZED WORK TO DATE: $ 5?.Q86,}j CURRENT CONTRACT AHOUNT: $4,055,825.31 It is further sutually agreed by the CONTRACTOR and the OWNER that the changes when eoo~pleted by the COHT'RACTOR shall increase the present Contract price, which takes into account any and all previous changes in the original Contract price, by the loop awo asount of Fifteen Thowand Six Hundred Fifty One Dollars And Zero Cants, ($15,651.00) and an increase in Contract t1.~a for coopletion of construction of -0• days. ACCEPTED FOR THE OWNER sy: Lyoan T. Fletcher Mayor Date: AND GILLESPIE BNCINBBRS, INC. Douglas E. Layton Vice President ACCEPTED FOR THE CONTRACTOR gy: Stave E. Swain Vlee President Data• Date: F~¢ruazx 22. 1996 FEE-`22-56 13 36 FROM SHISH AND CILLESPIE IDS 8097996267 PACE 2 CHANGE ORDER N0. 4 Date: February 22, 1996 To Contract. dated May 25, 1995 between the fire of: Indian River Industrial Contractors, Inc. Poet Offlee Sox 23086 JaekaonvLlle, PLorlda 32241 (hereinafter referred to as the CONTRACTOR) and: Ths City of Atlantic 8eaeh, Florida (hereinafter referred to as the OWNER) for the construction of: Vaetevater Treataent Plant Expansion Program 56C Project No. 8505-17.01 In compliance with Article 13 6 Article 14, GENERAL CONDITIONS, of the above referenced Contract, CONTRACTOR and OWNER do both hereby egrss that the CONTRACTOR shall cake ehs folloring changes, additions or deleti.ona to the cork specified in the plans and apecificstions, upon the approval of SMITH AND GILLF.3PIE ENGINEERS, INC.: Remove and diepoae of sand/grit frog the existing Plant No. 2. This additional work vas necessary prior to the installation of the diffuserc and associated piping authorized by Additive Alternate F. As the quantity of sand/grit vas unknown until the plant was taken out of service and drained, this work was not made a part of the original Contract. This cork required the use of specialized equipment and was labor intensive. $15,268.00 General Contractor's Fee (Bond, Insurance 6 Handling): $ 383.00 TOTAL ADDITIVE CHANGE ORDER NO. 4: $1S,6S1.00 FEB-22-86 1243 FROM. 6MITN AND DILLESPIE IDS 80<7aa6267 PAGE 4 'ATIAC}D1EIiT B" CHANCE ORDER l10. 3 HASIENATER TRBATl~NT PIANT EXPANSION F[tOGRAM AT1ANrIC BEACH, FLARIDA 1. Gontraet drawings detailed the proposed supernate lino from the existing digester to ba connected to an existing line at olevstion 12 which ie approximately throe (3) fast below grade. Hvrever, during conseruetion it was discovered the line was approxlsatsly eight (g) feet deeper which rould have created a hszsrd to the existing ctrueturee due to the close proximity. Ibis proposed change will alloy this connection to be soda vithouC change in the design intent. 2. This additional work will allow £or a sore reliable voter supply for the aurvlval of landscaping and grassing to bo Snstallad under this project. 3. This additional work will provide for the collection of filtrate saepago from the eludgs collectors used in transporting sludge to the landfill for disposal. 'this is also to correct an existing violation of FDEP Rulec and Regulations. 4. This additional wrk Ls necessary to upgrade the existing structure in order to same for the intended purpose, which is to utilize it as a digester. The existing condition of this structure ras unknown during the design of the project. The items to be resoved are in conflict rich the installation of the diffusers which lc authorized by Additive Alternate F. 5. This additional rork le required for the seasons listed under Ites No. 4 and to elislnate and protect the structure free further deterioration due to corrosive atmocpheze. `ATTACHMENT A" CHANGE ORDER NO. 3 WASTBWATER TREATNP,NT PI/W1' BXPANSION PROGRAM AT[~1NTIC bEACM, FLORIDA 1. Relocate eupsrnate piping at the existing digester to eliminate an elevation conflict in aacordance rith the Bngineer'a request for proposal dated January 23, 1996 and the Contractor's proposal dated February 19, 1996 $1,106.97 2. Provide a backup rater supply to the reucs irrigation systems in accordance rith the Engineer's Request for proposal dated January 23, 1496 and the Contractor's proposal dated February 19, 1996 $2,481.59 3. Add a yard soup to collect filtrate seepage frog the sludge dusrysters in 4tcordance rith the Engineer's zegwct for proposal dated Jsnwry 23, 1996 and the Contractor's proposal dated February 20, 1996 $2,923.65 4, Rsarove and dispoce of velra, baffles, piping, slide gates, ate., from the existing Planc No. 2 in accordance rith the Engineer's request for proposal dated February 8, 1996 and the Contractor's proposal datsd February 15, 1996 $6,929.60 S. Paint the exterior and ralkxay of Plant No. 2 in accordance with the Engineer's request for proposal dated February 8, 1996 and she Contractor's proposal dated February 15, 1996 $6.391.96 'TOTAL ADDITIVE CHANCE ORDER N0. ~. $19,833.77 FEB-22-96 12=42 FROM. 6MIrH AND GILLESPIE [D• 9047446267 PAGE 3 Change Order No. 3 Cont'd... S6~C Pro]ect No. 8505-17-01 Atlantic Beaeh, Florida CHANGE ORDER N0. 1: CHANGE ORDER NO. 2: CHANGE ORDER N0. 3: TOTAL AUTHORIZED WORK TO DATE: ORIGINAL CONSTRUCTION CONTRACT: TOTAL AUTHORIZED WORK TO DATE: CURRENT CONTRACT AMOUNT February 22, 1996 Page 2 $11,967.69 $ 4,633.85 S19.833.77 $36,495.31 $4,003,739.00 5 36.435.31 $4,040,174.31 It is further mutually agreed by the CONTRACTOR and the OWNER that the changes .hen completed by the CONTRACTOR shall increase the present Contract price, which takes lnto account any and all previous changes in the original Contract price, by the lump sum amount of Nineteen Thousand Eight Hundred Thirty Three Dollars And Seventy Seven Cents, <$19,833.77) and en increase Sn Contract time for completion of construction of •7- days. ACCEPTED FOR THE OWNER By: Date: Lylaan T. FletcheY Mayor PREPARED: S ITH AND GILLESPIE ENGINEERS Douglas E. Layton Vice President ACCEPTED FOR THE CONTRACTOR By: Steve B. Swain Vice President Dace: INC. Date: February 22. 1996 FEB-22-96 12 ~e2 FROM SMITH AND CILLESPIE IDS gee 7A66267 PACE 2 CHANGE ORDER N0. ~_ Date: February 22, 1996 To Contract dated bay 25, 1995 between eha fire of: Indian River Industrial Coneraeeors, Inc. Post Offlca box 23086 Jackaomllle, Florida 32241 (hereinafter referred to ae the CONTRACTOR) and: The City of Atlantic beach, Florida (hereinafter referred to ac the OWNER) for the construction of: Yaatewater TYaatment Plsnt Expansion Program SbC Pro~ecc No. 8505-17-01 In eoAplianes with Artlele 13 b Artiela 14, GENERAL GONDITIONS, of the above referenced Contract, CONTRACTOR and OWNER do both hereby abree that the CONTRACTOR shall wke the followins chang~a, additions or deletions to the work specified in the plans and apeaificatlons, upon the approval of SNITN ARD GILLPSYIE ENGINEERS, INC.: Miseellaneous additional work se detailed on `Attaehswnt A' and 'Attachment 8' hereto sad made a part hereof: TOTAL ADDITIVE CHARGE ORDER N0. 3: $19,833,77 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: ATLANTIC BEACH WASTEWATER TREATMENT PLANT EXPANSION - CHANGE ORDERS #3 AND #4 SUBMITTED BY: Robert S. Kosoy/Director of Public Works ~/ DATE: February 22, 1996 BACKGROUND: CHANGE ORDER ~_ The contractor has proposed to: - Provide the supernate piping S 1,106.97 - Provide backup water supply 2,481.59 - Add a yard sump to collect filtrate 2,923.65 seepage - Remove b dispose of weirs, baffles, 6,929.60 piping, etc. - Paint Plant #2 6,391.96 The total cost for this C.O. is ...............519,833.77 CHANGE ORDER ~4: The contractor has proposed to complete the cleaning of the remaining grit and sand in Plant #2. The total cost for this C.O. is ...............S15,651.00 RECOMMENDATION: Approve Change Order #3 and Change Order #4. ATTACHMENTS: Change Order # and Change Order #4 ~~~~~- REVIEWED BY CITY MANAGER: ~ AGENDA I EM NO. ~~/ ATTACHMENT C Page 4 Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the contract. HOW FUNDS WERE SPENT: A copy of all canceled checks and bank statements during that report period must be attached to the monthly report to verify the payment of previously submitted invoices and billings. Account for all checks, including any voided checks. SUPPLEMENTARY SUPPORT: Please describe matching and in-kind contributions received during this report period: ADDITIONAL COMMENTS: I certify that to the beet of my knowledge the data reported is correct. Signed: Date:_ Name: Title: ATTAC}4fSNY C Page 4 Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the contract. HOW FUNDS WERE SPENT: A copy of all canceled checks and bank statements during that report period must be attached to the monthly report to verify the payment of previously submitted invoices and billings. Account for all checks, including any voided checks. SUPPLEMENTARY SUPPORT: Please describe matching and in-kind contributions received during this report period: ADDITIONAL COMMENTS: I certify that to the beat of my knowledge the data reported is correct. signed: Date: Name: Title: _. ATTACHMENT C Page 3 MONTHLY STATUS REPORT E. Rehabilitation of a minimum of 8 homes of income-eligible, owner occupied re eidenta in the Donner Redevelopment area. F. Describe activity completed on the rehabilitation of the Donner Community Development Corporation office: ,. Re-roofing of the building 2. Repairing of the faulty plunbing system 3. Repair of the faulty electrical system 4. Miscellaneous minor repairs G. Installation of park lighting in Jordan and Donner Parke. H. Upgrading of playground, picnic area and baseball field in Donner Park. ATTACHMENT C Page 2 3. Assisting the in the administration of the housing rehabilitation and park improvement projects on behaf of the City of Atlantic Beach, including the preparation of monthly reports, and providing liaison services between the DCDC and the City of Atlantic Heach. 4. Coordination of rehab activities with the City of Atlantic Beach Rehab Inspector to complete inspections on at least 7 houses. 5. Providing support tc 25 rehab recipients past and present, to facilitate maintenance of post rehabbed homes. 6. Developing and coordinating 2 community improvement events. (Such as neighborhood cleanups and buetification proiects.) 7. Providing information and support for 25 prospective homeowners for the Francis Cove affordable housing development. D. Pzcvidirg operation cost for the Donner CDC consisting reimbursment cf 12 monthly insurance payemnte, utiiitiee, and miscellaneous office supplies. ATTACHMENT C Page 1 MONTHLY STATVS REPORT TO: Community Development Division CONTRACT NO 421 Weet Church S[ree[ Sacksonville. Florida 32202 REPORT NO. RECIPIENT: City of Atlantic Beach. Florida PROJECT: R hab'ls ation/Park Improvement/CDC Activity REPORT PERIOD: to Date Submitted PERSON FILLING OUT REPORT: PROGRESS REPORT: Deec ribs progress to date on: A. Hiring of a part-time Rehabilitation Inspector to coordinate and ensure proper rehabilitation of selected homes in the Donner Subdivision. B. Hiring of a par[-time Recreation Program Director for Donner Park, who will coordinate recreational and educational activities for a minimum of 50 residents. C. Hiring of a part-time Office Administrator to coordinate the Donner Community Development Corporation (DCDC)ac[ivitiea and oversee the grant administrative compliance. Additionally, [he DCDC administrator will undertake the following responcibilities under the grant agreeement: 1. Providing clerical assistance [o the Donner Community Developa,en[ Corporation Board of Directors. 2. Representing DCDC at meetings, seminars and other functions related to gran[ applications for future funding sources. ATTACHMENT 8 Page 5 CASN REQUEST FORM CDBG Name Cirv f Arla ti R ~rf Re quest Number Address a0D ceminn_ ~o- ~ Contract Number AU antic Re h I Phone Number 10041 ~ 47 san Tax ID Number 76-0 2-167 gi c Date Submitted ~ _ 1. Cont rac[ funds received to date S 2• Contract funds disbursed to date ~_~ S 3. Contract funds previously requested but not yet received 4. Amount of this request All contract funds must be disbursed within three $~~- $~--- days of receipt. If line 2 does not equal line 1, please explain. RECD ITEMS BUDGET TO DATE I.A.1. Wages 6 Salaries $ 8,467.88 I.A.2. Fringe Benefits S 647.79 I.A.3. Consult/ Ccn[. Services $ 10,000.00 I.A.S. Insurance $ 900.00 I.A.7.Utilities /Phone S 3,60C.00 I.B.1. Consult/ $132,340.21 Cont Services I.B.3 Supplies $ 1,000.00 TOTAL $156.45 R9 THIS REQL'BST BALANCE Aceount q i certify [hat the data above is correct and tY.e amount of the cash requested does not exceed currenc needs. Signed Phone R ATTACHMENT B Page 4 D. Procurement In addition Co meeting the requirements of Article VIII of this contract, which outlines the required procurement procedures and documentation for purchase from under $500 to over $12,000, all purchases for items over $500 must receive prior approval from the Community Development Division. Items not specifically identified in this contract will not be reimbursed with CDBG funds. ATTACfB4EtTf B Paqe 3 II. MSTROD OF FAYltENT A. Reimbursement Unleae otherwise elated, all contract funds will be released on a reimbursement basis. Cash request forme (Attachment B, Page 4) may be submitted monthly or more often, as the need for reimbursement of funds arises. The time period for the City to process the cash request from submission of [he request to availability of a check is ten to fifteen working days. B. Cash Advance Reouests for cash advances will be granted only for immediate cash needs (excluding salaries) and only for two weeks in advance or to purchase an item or equipment over $500. C. Required Documentation Cash requests must be accompanied by receipts, cancelled checks, invoices, written bids, phone quotes and any other reasonable and legible documents to support the expenditure and amount of cash requested. Requests for reimbursement of wages, salaries and fringe benefits must irc Jude copies of employee time sheets, demonstrating the number of hours worked per day and per week. Each time it must be signed by the employees and his or her supervisor. If a full- time employee is paid partially with CDBG funds, a time distribution sheet reporting the number of hours spent working on CDEG projects and on other non-CGBG projects, must be submitted. All requests for reimbursement of salary, wages and fringe benefits must be accompanied by a copy of the paycheck. Cash requests for reimbursement of mileage must be accompanied by a log that identifies the employee, ^f rom" where he or she ^ traveled, ^[o" location, ^number of miles^, ^odometer reading^ and ^purpose of trip". The mileage log must be signed by the employee and his or her supervisor. A'ITACFMENT B Page 2 ~ Line Itemization L.B._1. Wages and Salaries Part-Lime Recreational COOrdlna[Or (720.67 Hrs x $11.75/hr} $ 8,467. 88 I.A,2 Fringe 8enef its FICA s .062 $ 525 .01 Medicare ~ .0145 - To a~ 122 6 .78 47 00 T.A."+. Consultant/Contract C Part-came Rehabillta[lon Inspector 55,000. 00 Part-time Donnez CDC Program Administrator 5,000. 00 I.A.c. Insurance 1 Year contents and liability S 400. 00 for Donnez CDC Office Z_A.7 IItilit'e & T 1 ph n Electric ($ 83.33/mo x 12 mos) $ 2,000. 00 Telephone ($133.33/mo x 12 mos) Tot 1 S 1,600. ~ 00 n Z.B.1 Cons~~`-ant/Contra c .. s Install Park Lighting in Donner an Jordan Park $25,000. 00 Upgrade Playground Equipment and Baseball Field in Donner Park 5,000 .00 Rehab a minimum of 8 houses 96,455 .88 Rehab the Donner CDC office TD al 5,884 1 » la .33 n 7l I.g.3. SLDD`iP" Supplies for CDC 1,000. 00 ATTACHMENT B Page 1 FINANCIAL PROCEDURES I. BUDGET The Recipient shall adhere to the following budget in the administration on this contract. A. Administrative Costa 1~ Wages 6 Salaries $ 8.967.88 2. Fringe Benefits $ 647 79 3. Consultant/Contract $ 10.ODO.Do Services 4. Travel $ 5. Insurance $ a00.OD 6. Space Coats ~ Rental $ 7. Utilities & Telephone $ ?.600,00 a. Other Costs $ (Identify) Total Administrative Coate $ 2'+.i1t.67 B. Activity Costs .. Consultant/Contract services $i~2 ?a0 2i_ 2. Materials $ 3. Supplies $ i.DDO_Do 4. Equipment Purchase $ 5. Equipment Rental/Lease $ 6. Tzansporta[ior. $ 7. other $ Total Activity Costs $1~~ TOTAI, CDBG $1S6 a t s8 the City before the project Se advertised. ATTACfWEN'1' A Page 3 3. Contractors shall be certified by the City ae eligible co participate in Federally-assisted construction projects prior to the contract awazd. 4. All participating contractors shall attend a pre- corstruction meeting during which they will be advised of [heir obligations to comply with the statutes and regulations that goverr, [he use of Federal funds for consr ruction. 5. it shall be the responsibility o£ the Recipient, acting as the prime contractor, to ensure that all subcontractors submit weekly payrolls. The Recipient shall also maintain weekly payroll records. All payroll records shall be forwarded to the City no later that 10 days after each work week is completed. 6. L^..ormation on income, by family size must be provided, which ird icates that `. amily or individuals served meet the Federai definition of low and moderate income households, according to Federal Housing Assistance Payments Program, Section 9 income limits. 7. Provide monthly statistical information on clients served via form to be provided by the City. This data will be required for the Community Outreach effort, as well as the rehab program. ATTACHMENT A Page 2 D. Provide operation coats for the Donner CDC which will consist of the reimbursment of 12 monthly insurance payments, utilities, and miscellaneous office supplies. E. Rehabilitate a minimum of 8 homes of income-eligible, owner occupied residents in [he Donner Redevelopment area. G. Make the following rehabilitative improvements to the Donner Community Development Corporation office, located at 1671 Francis Ave: 1. Re-roof build. 2. Repair faulty plumbing system. 3. Repair faulty electrical system. 4. Miscellaneous minor repairs. H. Install park lighting in Jordan and Donner Parks. I. Upgrade playground, picnic area and baseball field in Donner Park. II. SPECIAL REQUIREMENTS A. The Recipient shall include in all advertisements or promotions a statement Chat whole or partial funding of the project is supplied by the City of Jacksonville, Community Development Hlock Grant program or wording to that effect. Construction proj sots shall include a sign indicating that whole or partial funding of the project is supplied by the City of Jacksonville's, Community Development Block Gran[ program or wording to that effect. Specifications for the sign shall be supplied by the City. B. The following Labor Standards requirements shalt be followed for construction contracts covered by these provisions: 1. wage Decisions and r'ederal Labor Standards provisions ' will be provided to the Recipient by the City. The Wage Decisions and Federal Labor Standards shall be included in the recipient's bid specifications. 2. The Recipient's bid specifications shall be reviewed by ATTACHMENT A Page 1 I. SCOPE OF SERVICES During the term of this contact, the Recipient agrees to: ' A. Hire a part-time Rehabilitation Inspector to coordinate and ensure proper rehabilitation of selected homes in the Donner Subdivision. 8. Hire a part-time Recreation Program Director for Donner Park, who will ccordinate recreational and educational activities for a minimum of 50 residents. C. Hire a part-time Office Administrator to coordinate the Donner Community Development Corporation (DCDC)activitiea and oversee the grant administrative compliance. Additionally, the DCDC administrator will undertake the following responsibilities under the grant agreement: 1. Provide clerical assistance to the Donner Community Development Corporation Board of Directors. 2. Represent DCDC at meetings, seminars and other functions related to grant applications for future funding sources. 3. Assist the in the administration of the housing rehabilitation and park improvement projects on behalf of the City of Atlantic Beach, to include the preparation of monthly reports, and provide liaison services between the DCDC and the City of Atlantic Beach. 4. Coordinate rehab activities with the City of Atlantic Beach Rehab Inspector to complete inspections on at least 7 houses. 5. Provide supporc to 25 rehab recipients, past and present, [o facilitate maintenance of their homes post rehab. 6. Develop and coordinate 2 community improvement events. (Such as neighborhood cleanups and beatification projects.) ~. Provide information and support for 25 proepeetive homeowners for the Franeia Cove affordable housing development. IN WITNESS WHEREOF, the pnrtiea hereto duly execute this agreement as of the day and year first written above. A T T E S T: CI i'Y OF JACKSONVILLE, FLORIDA Corporate Secretary BY: John A. Delaney, Mayor Date W I T N E S S: CITY OF ATLANTIC BEACH Recipient's Witness BY: Recipient's Signature Date Date Name Lyman~` Ti[1e11aver IN COMPLIANCE with the Charter of the City of Jacksonville, I do hereby certify that there ie an unexpended, unencumbered, and unimpounded balance in the appropriation to cover the foregoing contract, and provision has been made for the payment of monies provided therein to be paid. Director of Finance Date FORM APPROVED: Account A.. 587889-n7 a0 Amount $ 5750.000 00 Account $_ 687889_190 ' Amount $ 5 5.e 5s 99 Project # Contract M Date Total Amount $ 51s _6.455 8A s • • • • • • ~ RECi PZENT INFORMATION ADDRESS: CONTACT PERSON: ''i[v of Artanr i_ ~ g~~_ Oeoran -- Nio3lev B_00 Seminole goad TITLE Cemmim itv Develop e r D' Atla i B a h F ao»9 PHONE~9041 ~a 7_cA00 Federal Taxpayer Identification Number:_26-oz-107 91-54 ARTICLE x Other Fed a~ P oarrm R c7ui e_W+ 10.1 The Recipient shall carry out each activity in compliance with all applicable Federal laws and regulations ae described in Attachment I attached hereto and made a part thereof: ~ Pub. L 88-352 - Title VI of the Civil Rights Act of 1964 ~ Pub. L. 90-284 - Title VIII of the Civil Rights Act of 1968 Executive Order 11063 as amended by Executive Order 12259 _ Section 109 of the Act ...7L Labor Standards _]L National Flood Insurance Program ~ Relocation and Acquisition ~ Employment and Contracting Opportunities: Executive Order 11246 (41 CFR Chapter 60) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701U) ~L Lead-Based Paint -~ ~L Uae of Debarred, Suspended or Ineligible Contractors or Subrecipiente. ~ Displacement ~ Nondiscrimination Based on Handicap ~ Section 504 of the Rehabilitation Act of 1973 ~ Environmental Protection Agency Regulations ~ National Environmental Policy Act of 1969 8 9.2 Upon the written request of the Recipient, the U.S. Department of HUD may gran[ an exception to the provisions of 9.1 on a case- by-case basis when it determines that such an exception will serve to further the purposes of [he Act and the effective and efficient administration of the Recipient's program or project. 7 from time to time amended. Chapter 118 is hereby attached and made a part thereof ae Attachment H. 8.4 The Recipient agrees to adhere to the following City procurement requirements in their purchase of labor, materials, supplies, and equipment: Any purchase up to $500.00 will require documentation of two phone quotes to verify the lowest price was used in the purchase. Any purchase over $500.00 to $2,000.00 will require two written estimates or two phone quotes. Any purchase over $2,000.00 to $4,000.00 will require three written estimates. Any purchase over $4,000.00 to $8,000.00 will require four written estimates. Any purchase over $8,000.00 to $12,000.00 will require five written estimates. Any purchase over 512,000.00 will require a formal bid procedure (advertising and sealed bide}. ARTICLE ZX 9. in the procurement of labor, supplies, equipment, coretrvction and services by the Recipient or by any aubrecipient, the conflict of interest provisions in 29 CFR 85.36 and OMB Circular No. A-110 shall be ad'nered to. 9.1 No person who is an employee, agent, consultant, officer, or elected official or appointed official of the Recipient, or of any designated public agencies, or subrecipiente which are receiving CDBG funds or who exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision-making process or gain inside infor. mation with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in ary contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom [hey have family or business ties, during their tenure or for one year thereafter. 6 Subpart J,.570.513) 85.22 Allowable costa 85.24 Matching or coat sharing 85.25 Program income 85.26 Non-Federal audits Changes, Property, and Subawarda 85.30 Changes under discretionary (project) awards 85.31 Real property 85.32 Equipment 85.33 Supplies 85.34 Copyrights 85.35 Subawarda to debarred and euepended parties 85.36 Procurement iexcept paragraph (a)J 85.37 Subgrante Reports, Records Retention, and Enforcement 85 .40 Monitoring and reporting program performance (except paragraphs (b) through (d) and paragraph (f)] 85. 41 Financial reporting (except paragraph (aS, (b), and (e)1 85. 42 Retention and access requiremerta for records 85. 43 Enforcement 85. 44 Termination for convenience Subpart D - After-the-Grant Requirements 85.51 Later disallowances and adjustments 85.52 Collections due ARTICLE VIII General Provieione B. The Recipient shall hire an independent certified public accountant to audit the program (not to be funded from these grant monies) in accordance with OMB Circular A-128. If a grant specific audit is conducted, it must be submitted to the City no later Chan 120 days after the end of the contract. If included in the Recipient's overall organizational audit(s) it must be submitted no later than 120 days following the end of each fiscal year during which gran[ furda were expended. OMB Circular A-128 ie included in Attachment E. 8.1 The Recipient agrees to abide by the provieiona of Chapter 112.3135, Florida Statutes, pertaining to nepotism in their performance under this contract. Chapter 112.3135 is included ae Attachment F, attached hereto and made a part thereof. 8.2 The Recipient agrees to abide by Chapter 119, Public Recorfle of the Florida Statutes, and its euceeaeors, attached hereto and made a pare [hereof ae Attachment G. 8.3 The Recipient accepts these funds eo appropriated in accordance with the terms of this contract and Chapter 118 Miscellaneous Appropriations of the Jacksonville Municipal Code as 5 ARTICLE VZ ioatzact Pe rf «i a A r rm'n ti 6. This contract shall be effective for the period beginning the Ist day of October, 1995, and shall terminate on the 30th day of Sept e:nbe r, 1996, unless canceled sooner with or without cause, by either party by giving thirty (30) days prior written notice of such cancellation. 6.1 Provided, that if the Recipient should materially fail to comply with any term of the award, suspension or termination may occur in accordance with 24 CFR 85.93 and, in accordance with 24 CFR 85.44, included here ae Attachment D, the award may be terminated for convenience. In [he event that funds should fail to be or cease to be provided to the City, then the City may terminate this contract instantly and shall reimburse payments that were expended up to that date of the termination only. ARTICLE VII .. Uniform Adminfe raf' R i t 7. The Recipient shall comply with the requirements and standards of OMB Circular No. A-87, ^principlee for Determining Costs Applicable [o Grants and Contracts with State, Local, and Pederally Recognized Indian Tribal Gove rnmente", and with the following sections of 24 CFR 85, ^Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", included in Attachment D, attached hereto and made a part thereof. Subpart A - General 85.3 Definitions 86.6 Additions and Exceptions Subpart B - Pre-Award Requirements 85.12 Special grants or eubgranta conditions for •high- risk" grantees Subpar C - Poet-Award Requirements Financial Administration 85.20 Standards for financial management system [except paragraph (a)] 85.21 Payment requirements (except ae modified by 24 CPR, 4 ARTICLB IV 4. The Recipient shall provide the City with a monthly report of all activities, including a narrative summary of progress, and a financial statement showing all expenditures appropriate to the project, and evidence of meeting one of [he primary objectives of the Community Development Block Grant Program as described in Attachment A. a.l The Recipient shall use the report form that has been approved by the City, ae described in Attachment C, attached hereto and made a part thereof. 4.2 The report shall be due monthly and shall continue until all information concerning the project has been received by the Ci[y. 4.3 Thie report is due on the fifteenth day of each month. 4.4 The Recipient's failure [o submit monthly reports shall give cause for further payments to the Recipient being withheld. a.5 The Recipient shall provide the City with additional program information as needed. ARTICLE V 5. The Recipient shall act as an independent contractor, and not as an employee of the Ci[y, in operating the aforementioned services. The Recipient shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the City harmless from all claims, suite, judgments, or damages arising from the operating of the services required by this contract during Che course of the contract to the extent allowable under the law. 3 ARTICLE II 2. The Recipient agrees to provide housing rehabilitation, public service and public facility and improvement activities as described in Attachment A, attached hereto and made a part thereof. ARTICLE III 3. The City agrees to pay the Recipient a maximum amount of $156,455.88. 3.i The City shall pay this amount over the period of this contract to the Recipient for services rendered herein. 3.2 The method of payment ahali be according to the Financial Procedures, as described in Attachment B, attached hereto and made a part thereof. 3.3 Any unused or residual funds remaining at the termination of this contract shall revert to the City and shall be due and payable on such date of the termination and shall be paid no later Chan t F.i rty (30) days thereafter. 3.4 Funds may be transferred from line item co line item within the line items specified in Attachment B only with prior written approval of the City, provided that no expenditure shall exceed the maximum indebtedness of this contract. 3.5 The use of funds described in this agreement is subject to the written approval of the United States Department of Housing and Urban Develcpment. 2 CONTRACT BBTNBSN THE CITY OF JACKSONVILLE, FLORIDA AND THE CZTY OF ATLANTIC BEACH THIS AGREEMENT, made and entered in duplicate ae of this let day of October, 1995 by and between [he CITY OF JACKSONVILLE, a municipal corporation in Duval County, hereafter referred to ae the City, and the CITY OF ATLANTIC BEACH, a municipal corporation in Duval County, here after referred [o as the Recipient. W I T N E S S E T H: WHEREAS, the City has been awarded a Community Development Block Grant which provides for the development, establishment and administration of projects to benefit low and moderate income persons, aid in [he elimination of alums and blighc or meet an urgent community need; WHEREAS, said grant provides that the City will contract with nonprofit community groups, to administer and implemenc the project set forth therein; WHEREAS, it is in the beet interest of the City to enter into a special contract with the Recipient for the administration of a portion of said grant; WHEREAS, the City hereby engages the services of the Recipient to administer and implement a portion of the Community Development Block Grant for a Community Development project; NOW, THEREFORE, in consideration of the mutual premises and covenants, the parties agree ae follows: ARTICLE I SYpLZYSBSOL 1. The Recipient agrees to perform the required services under the general coordinaCion of the Community Development Division, Planning and Development Department, City of Jacksonville. i AGENDA ITEM: Authorization to enter into CDf3G Contract SUBMITTED BY: Geroge Worley II, Community Development Director ~~ DATE: February 21, 1996 BACKGROUND: Attached hereto is the contract fro Communty Devebprtoent Block Grant fiords between the City of Atlantic Beach end the Cdy of JackeorMNe. The line item described herein closely approximate those specined in the appNcation which was approved by the Cky Commission in September of 1995. Minw adjustments of Yne item amounts has occurred through contirxYng a dialog with the Clly of JacksonviNe and the Dorxoer Community Development Corporation. As you may recap, the DCDC has been appoirded by the Cily to activey assist in the adrtdrtistration of this contrail. Approval of this contrail has been considerably delayed due to major departmental changes within the City of Jacksorrvipe. Time is a potential protNem in the irrtQlernerRation of a rwxrober of the Rems incNided in the budget, however, both City staff and the DCDC believe that we can once again successtuay complete ap of the contrail provisions iF we begin lrxnediately. RECOMMENDATION: Staff recommends that the Cdy Commission approve the cortrail and author¢e the Mayor to execute d on behalf of the City of Atlantic Beach. ATTACHMENTS: 1) CDBG contrail between the Cky of Atlantic Beach and the City of JacksaovMe REVIEWED BY CITY MANAGER: AGENDA REM NO. .. , PASSED by the City Commission on second and final reading this _ day oP ___ 1996. ATTEST: MAUREEN KING LYMAN T. FLETCHER City Clerk Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney M1 ORDINANCE NO. 5-96- 27 AN ORDINANCE OF. THE CITY OF ATLANTIC BEACft, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, SEC. 2-150, DIIRATION OF LIEN, TO PROVIDE FOR A 20 YEAR STATIITE OF LIMITATIONS TO FORECLOSE CODE ENFORCEMENT BOARD LIENS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 2-150 of the Atlantic Beach Code of Ordinances currently provides that no code enforcement lien shall continue for a period longer than two (2) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction, and iPHEAEAS, Florida Statute yi62.lo provides for a 20 year limitation period on code enforcement board liens, and WHEREAS, the city Commission of Atlantic Beach desires to conform this ordinance to state statute and finds that the restriction of 2 years currently in Sec. 2-150 was either by mistake or clerical error and that therefore this correction of the statute of limitations to 20 years should apply retroactively. BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida: SECTION 1. Sec. 2-150 of the Code oP Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Sec. 2-150. Duration of lien. No lien provided under this division shall continue for a period longer than twenty 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent juris- diction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall apply to all code enforce- ment board liens whether imposed and/or recorded prior to or subsequent to the enactment of this ordinance. PASSED by the city Commission on first reading this day of 1996. FJ EXHIBIT 8 1996 PROJECT Capital Improvement Program for Four Fiscal Years Epdipa September 30. 2000 (S ip tbotoapds) 1. 2. 3. 4. 5. ti. 7. 8. 9. l0. 12 Description New Well/Warer Trearment Plant K2 City Warer Meters Corrosion Reduc[ion New Master Lift StarioN Buccaneer WWTP Fxility Improvements/ Buccaneer WWTP Influent Flow Meter and Controls, Buccaner WWTP Watt and Sewcr Improverncn[s Oak Harbor Wattt and Sewer Improvements Beach Avrnue Water Main Upgrades Various Locazion Sewer Rehabilitarion Stottrnvazer Master Plan Implementazion Capital Itnprovemrnu Program Contingency TOTAL Estimated Cost 100,000 15,000 5,000 253.000 1.400.000 8,500 1,200,000 895,000 894,000 3.200.000 3.982,000 1 1500 12,084,000 B-1 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE] (Name and Address of Transferee) the within Bond and does hereby irrevocably constitute and appoints to transfer the within note on the books kept for registration thereof, wi[h full power of substitution in the premises. Signature Guaranteed Signature guarantee shall be made by a guarantor itutitution panicipating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Regis[rar. Note: The signature(s) on [his azsignment must correspond wi[h the name of the Registered Owner az i[ appears upon [he face of the within bond in every panicular. withou[ alteration or enlargement or any change whatever. A-7 Redemption Period (Both dates inclusive) Redemption Price (~o) (INSERT TABLE) The Bonds maturing in the year _ are subject to mandatory redemption prior to maturity by lot a[ a redemption price of par plus accrued interest to the date of such redemption on of each year in the years and amounts as follows: Year Am n Year ~~ (INSERT TABLE) Notice of such redemption shall be given in [he manner provided in the Ordinance. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investmem Securities Laws of the State of Florida, and the Registered Owner and each successive Registered Owner of this Bond, shall be conclusively deemed by his acceptance hereof [o have agreed that this Bond shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida. STATEMENT OF INSURANCE [INSERT STATEMENT OF INSURANCE, IF ANY] The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties !T TEN - as joint tenants with right of survivorship atd tat of tenants in common UNIF GIF MIN ACT - (Gust. ) Custodian for (Minor) Additiottal abbreviations tray also be used although not listed above. A-6 (MATERIAL APPEARING ON REVERSE OF BONDS) This Bond is one of an authorized issue of Bonds, originally issued in the aggregate principal amount of $ , of like date, tenor and effect, except as to number, interest rate, and date of maturity, issued to pay the cost of acquirin¢ and constructing additions, extensions, and improvements to the City's combined water and sewer utility system (the "System") and the City's stormwater utility system, and [o refund certain outstanding debt of the City previously issued to finance improvements to the System, under [he au[hority of and in full compliance with the Constitution and Stam[es of the Stale of Florida, including particularly Chapter 166, Part [I, Florida Statutes, and other applicable provisions of law, and Ordinance No. IS-95-7 duly enacted by the City Commission of the City on November 13, 1995 (the "Bond Ordinance"), as supplemented by Ordinance No. IS-96-8, duly enacted by the City Commission on March il, 1996, as further supplemented (hereinaf[er collectively called "Ordinance"), and is subject to all the terms and conditions of said Ordinance. Capitalized terms used herein shall have the meaning specified in the Ordinance. The Bonds are issuable only as fully registered Bonds in the denominations or Maturity Amounts of 55,000 or integral multiples thereof. This Bond is transferable and exchangeable for Bonds of other authorized denominations at [he office of the Bond Registrar, by the Registered Owner or by a person legally empowered to do so, upon presentation and surrettder hereof to the Bond Registrar together with a request for exchange or an assignment signed by [he Registered Owner or by a person legally empowered [o do so in a form satisfactory to the Bond Registrar, all subject to [he terms, limitations and conditions provided in the Ordinance. No charge will be made for transfer or exchange, but the City or the Bond Registrar may require payment of an amount sufficient to cover any tax or other governmental charge payable in connection therewith. The City artd the Bond Registrar may deem and treat the Registered Owner as [he absolute owner of this Bond for the purpose of receiving payment of or on account of principal or interest and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. The City has entered into certain covenants with the Registered Owners of the Bonds of this issue for the terms of which reference is made to said Ordinance. In particular, the City has reserved the right to issue additional obligations payable from artd secured by a lien upon and pledge of the Pledged Revenues on a parity with the Bonds of this issue and series, upon compliance with certain conditions set forth in the Ordinance. The City has also reserved the righ[ [o defense the lien of the Bonds of this issue upon the Pledged Revenues upon making provision for payment of the Bonds as provided in the Ordinance. The Bonds maturing in the years _ to _ are not subject to redemption prior to their slated dates of maturity. The Bonds maturing on and thereafrer are redeemable prior to maturity, at the option of the City, in inverse order of maturity, and by lo[ within maturity if less [han a full mantrity, from any moneys legally available therefor, at a redemption price, expressed as a percentage of the principal amount of the Bonds so redeemed, if redeemed during the following periods: A-5 BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue ~°:, ribed in the within-mentioned Ordinance. INAMEI As Bond Registrar BY. Authorized Signature Date of Au[hen[ication: VALIDATION CERTIFICATE This Bond is one of a series of Bonds validated by judgment of the Circuit Court for Duval County, Florida rendered on Mayor A-4 REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND APPEARING ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH ON THE FACE HEREOF. R is hereby certified and recited that all ac[s, conditions and things required [o be performed to exist and to happen precedent to and in connection with [he issuance of this Bond, have been performed exist and have happened in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and the issue of Bonds of which this Bottd is one, does not violate any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordinance until the Certificate of Authentication hereon shall have been executed by the Bottd Registrar. [N WITNESS WHEREOF, the Ciry of Atlantic Beach, Florida has issued this Bond attd has caused the same to be executed by the Mayor or the Vice-Mayor of the City, either manually or with his facsimile signature, and the corporate seal of said City or City Commission, or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, and the foregoing attested by the manual or facsimile signature of the City Clerk of the City, all as of the _ day of 19 (SEAL) CITY OF ATLANTIC BEACH, FLORIDA Mayor ATTEST: City Clerk A-3 [FORM OF FIRST PARAGRAPH OF COMPOUNDING INTEREST BOND] PRINCIPAL AMOUNT AT DATE OF ISSUANCE PER $5,000 RATE OF INTEREST ORIGINAL DATE MATURITY AMOUNT CUSIP REGISTERED OWNER: MATURITY AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida (the "City"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the Maturity Amount shown above, upon presentation and surrender hereof at the corporate oust office of as Bond Registrar and Paying Agent; provided, that for any Registered Owner of One Million Dollars ($1,000,000) or more in principal amount of Bonds, such payment shall, at the written request and at the expense of such Registered Owner, be by wire transfer or other medium acceptable to the City and to such Registered Owner. The Maturity Amount and premium, if any, of this Bond are payable in lawful money of the Uni[ed States of America. [FORM OF REMAINING PARAGRAPHS FOR ALL BONDS] This Bond is payable from and secured solely by a lien upon and pledge of (i) the Net Revenues to be derived from the operation of the System, (ii) Capital Facilities Charges, (iii) (iii) the moneys on deposit in the Funds and Accounts, (iv) certain Investment Earnings, and (v) the Special Assessments (collectively, the "Pledged Revenues"), all as defined and provided in Ordinance No. of the City as supplemented by Ordinance No. (the "Ordinance") hereinafter referred to. This Bond does trot constitute a general obligation or indebtedness of the City, and it is expressly agreed by the Registered Owner of this Bond tha[ such Registered Owner shall never have the right to require or compel the exercise of the ad valorem taxing power of the City, or the taxation of any property of or in the City, for the payment of the principal of and interes[ on this Bond or for the making of any sinking fund, reserve or other payments provided for in said Ordinance. It is further agreed between the City and the Regisered Owner of this Bond, [hat this Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof, or on any other property of or in the City, bu[ shall constitute a lien only on the Pledged Revenues, in the maruter provided in the Ordinance. A-2 EXHIBIT A No. UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF ATLANTIC BEACH UTILITIES SYSTEM REVENUE BOND, SERIES $ (FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND] DATE OF RATE OF INTEREST MATURITY DATE ORIGINAL ISSUE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: KNOW ALL MEN BY THESE PRESENTS, that the City of Atlantic Beach, Florida (the "City"), for value received, hereby promises to pay to the Registered Owner designated above, or registered assigns, solely from the special funds hereinafter mentioned, on the Maturity Date specified above, the principal sum shown above, upon presentation attd surrender hereof at the corporate trust office of , as Bond Registrar and Paying Agent, and to pay sclely from such funds, interest thereon from the date of this Bond or from the most recent Interest Payment Date to which inters[ has been paid, whichever is applicable, at the rate per annum set forth above such interest to the maturity or prior redemption hereof being payable on , 19 ,and therealier on land l of each year by check or draf[ mailed to the Registered Owner at his address as it appears, at 5:00 P.M. Eastern Time on the fifteenth day of the month preceding the applicable interest payment date, on the registration books of the City kept by the Bond Registrar; provided, that for any Re¢istered Owner of One Million Dollars ($1,000,000) or more in principal amoun[ of Bonds, such payment shall, at the written request and at the expense of such Registered Owner, be by wire [ransfer or other medium acceptable to the City and to such Registered Owner. The principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of .America. A-1 SECTION 6.09. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach. Florida at a special/regular meeting duly called and held this 11th day of March, 1996. Approved as to form, sufficiency and correctness: City Attorney ATTEST: City Clerk CITY OF ATLANTIC BEACH, FLORIDA Mayor 1.~L ATLIl m1~-AlIIM-^ElQ.UIgM1 A FN,r :1 IW 551^ (E) The foregoing provisions shall not apply to amendments to Section 5.04 hereof. SECTION 6.06. PAYMENTS DUE AND ACTS REQUIRED TO BE DONE ON DAYS WHICH ARE NOT BUSINESS DAYS; TIME. (A) In any case where any payment of Debt Service is required to be paid on a date which is not a Business Day, then such payment need not be made on such date, bu[ shall be [Wade on the next succeeding Business Day, with the same force and effect as if made on the dale fixed for such payment, and no interest shall accrue on such payment for the period after such date if such payment is made on such next succeeding Business Day. (B) [n any case where any act is required or any notice is required to be given hereunder on any day ocher than a Business Day, then such act shall be done or such notice shall be given on the next succeeding Business Day, with the same force and effect as if such act had been performed or such notice had been given on [he date required. (C) All times for the making of any payment or the performance of any act, as provided in this Ordinance means the local time prevailing in the City unless some other time is expressly provided for. SECTION 6.07. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Ordinance should be held to be contrary to any express provision of law or to be contrary to the policy of express law, though not expressly prohibited, or to be against public policy, or should for any reason whatsoever be held invalid, then such covenants, agreements, or provisioac shall be null and void and shall be deemed separate from the remaining covenants, agreemems, or provisions of, and in no way affect the validity of, all the other provisions of this Ordinatce or of the Bonds. SECTION 6.08. REPEALING CLAUSE. All resolutions of the City, or pans thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict, hereby superseded and repealed. (4) ro confirm by further assurance any lien, pledee or charge created or to be created by the provisions hereof: (5} to grant to or confer upon the Registered Owners any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (6) to assure compliance with the Code; (7) to provide such changes which, in the opinion of the City, based upon such certificates and opinions of the Independent Consultant, Independent Certified Public Accountant, Bond Counsel, financial advisors or other appropriate advisors as the City may deem necessary or appropriate, will not materially adversely affect the security of the Registered Owners. (8) to modify any of the provisions of this Ordinance in any other respects, provided that such modification shall not be effective (a) with respect to the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted or (b) shall not be effective (i) until the Bonds Outstanding at the time such amendatory or supplemental resolution is adopted shall cease to be Outstanding, or (ii) until the Registered Owners thereof consent [hereoo. (B) The foregoing provisions notwithstanding, (1) no consen[ of any Registered Owners shall be required with respect to modification or amendment with respect to Bonds as to which a Credit Facility (other than a Reserve Account Credit Facility) is in place and to which modification or amendment the Credit Facility Issuer has provided its prior written consent and (2) no modification or amendment (other than as described in paragraphs (I) and (2) of clause (A) above) shall be effective with respect to any Bonds az to which a Credit Facility is effective without the prior written consent to such modifitation or amendment of the Credit Facility Issuer. (C) The foregoing provisions of Sections 6.05(A) and (B) notwithstanding, no modification or amendment shall permit a change in the maturity of such Bonds, a reduction in the ra[e of interest thereon, a reduction in the amount of the principal obligation represented thereby or a reduction in the redemption premium required to be paid in cottttection with any optional redemption thereof; nor shall any modification or amendment either affect [he unconditional promise of the City to pay the principal of and in[eres[ on the Bonds, as the same shall become due, or reduce the percentage of Registered Owners of Bonds above required to consent to such material modifica[iotts or amendments, without the cottsent of the Registered Owners of all such Bonds. (D) Other than az provided above, no modification or amendment of this Ordinance or of any ordinance or resolution amendatory hereof or supplemental hereto may be made without the consent in writing of the Registered Owners of fifty-one percent (5I ~) or more in principal amount of the Bonds then Outstanding and affected by such modification or amendment. ~:+e~*i ie w>:a.~vrH.p[suLVrwn~ 42 rM.a. :i +w s!sw• affect the Bonds or the security therefor. The trustee, [he Paying Avent and the City shall be required to accept notice of default from the Credit Facility Issuer. SECTION 6.03. NO RECOURSE. No recourse shall be had for the payment of the principal of, premium, if any, and interest on the Bonds, or for any claim based thereon or on this Ordinance, against any present or former member or officer of the Commission or any person executing the Bonds. SECTION 6.04. DEFEASANCE. Notwithstanding the foregoing provisions of [his Ordinance, if, at any time, the City shall have paid all amounts due and owing [o any Credit Facility Issuer and shall have paid, or shall have made provision for payment of, the principal, in[eres[ and redemption premiums, if any, with respect [o any Bonds, then, and in that event, the pledge of and lien on the Pledged Revenues in favor of the Registered Owners of such Bonds shall be no longer in effect. For purposes of the preceding sentence, deposit of noncallable Defeasance Obligations in irrevocable trust with a Banking [nstitu[ion for the sole benefit of the Registered Owners of such Bottds, in respect to which such Defeasance Obligations the principal and interest received will be sufficient, without reinvestment, based on the report of an Independent Certified Public Accountant, to make timely payment of the principal of, interes[, artd redemption premiums, if any, on such outstanding Bonds designated to be defeased, and receipt of an opinion of Bond Counsel to the effect that such deposit has no adverse effect on the exclusion from gross income for federal income tax purposes of interest on the Bonds, shall be considered "provision for payment". Nothing herein shall be deemed to require the City to call any of the Outstatding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the City in determining whe[her to exercise any such option for early redemption. Notwithstanding the foregoing, amounts paid by a Credit Facility Issuer shall not be deemed paid for the purposes of this Section and shall remain due and owing hereunder until paid in accordance with the Ordinance. SECTION 6.05. MODIFICATION OR AMENDMENT. (A) The City, from [ime to time and at any time and without the consent or concurrence of any Registered Owners, may adopt an ordinance or resolution amendatory hereof or supplemental hereto, if the provisions of such supplemental or amendatory ordinance or resolution shall not adversely affect the rights of [he Registered Owners of the Bonds then Outstanding, for any one or more of the followin¢ purposes: (1) to make any changes or corrections in this Ordinance which [he City shall have been advised by legal counsel are required for the purpose of curing or corcecting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contairted herein, or to insert in this Ordinance such provisions clarifying matters or questions arising hereunder as are necessary or desirable; (2) to add additional covenants and agreements of the City for the purpose of further securing the payment of the Bonds; (3) to surrender any right, power or privilege reserved to or conferred upon the City by the [ertns hereof; 1:~6 ~TL'600).L~IR&RESOLETIfAY ~ 4I The City Manager may, subject to the conditions hereinafter set forth, be authorized and empowered by resolution to approve the purchase price, interest rates, maturities, and redemption provisions for any Series of Bonds and [o execute a purchase contract for such Series of Bonds on behalf of the City. Any delegation of authority tray only be made if the following parameters are addressed in the delegation. The conditions to any delegation of authority hereunder are: (A) The maximum principal amount of such Series to be sold shall be specified. (B) The maximum underwriter's discount for such Series must be specified. (C) The maximum interest (true interest cost or net interest cost) rate for such Series must be specified. (D) The maximum Issuance Expenses for such Series must be specified. SECTION 6.02. NOTICES TO CREDIT FAC[LITY ISSUER; CREDIT FACILITY ISSUER DEEMED SOLE BONDOWNER AND A PARTY IN INTEREST. Whenever a Credit Facility Issuer shall be providing a Credit Facility with respect to any Bonds issued hereunder, such Credit Facility Issuer shall be entitled to receive and shall be provided by certified mail all notices and reports which are required herein to be prepared and to be sent or made available to Registered Owners of such Bonds and a full transcript of any proceedings relating to the execution of any supplemental ordinance or resolution hereto. Notwithstanding any other provisions of this Ordinance to the contrary, the Credit Facility Issuer shall be deemed to be the sole Registered Owner of all Bonds insured by it for purposes of exercising rights, consents or remedies granted under this Ordinance. For any amendment or modification of the Ordinance for which a Credit Facility Issuer shall consent in replacement of the Registered Owners, notice of such amendment or modification along with a copy of such supplemental resolution shall be sent to Standard & Poor's Ratings Services at least twenty (20) days prior to the adoption of such amendment or modification. Any provision of this Ordittattce to the contrary notwithstanding, if under any provision hereof any action is to be taken only with the consent or approval of a Credit Facility Issuer, and if at the time such consent or approval would otherwise be called for such Credit Facility Issuer is not in compliance with its paymem obligations of or is contesting its obligations under its Credit Facility, then the rights of such Credit Facility Issuer to any consent or approval hereunder shall be suspended while any such noncompliance or contest is ongoing. Except as expressly provided herein to the contrary, neither the City nor the Paying Agent shall take the Credit Facility into effect in determining whether the rights of Registered Owners are adversely affected by actions taken pursuant to the terms and provisions of the Ordinance. The Credit Facility issuer shall be included as a patty in interest and as a party entitled [o notify the Paying Agent or any trustee or the Ciry to intervene in judicial proceedings that ): of 1iL:e mi R ~lrt l1 A6AO1 L111NV ~ FNV, =! ;afe 111x+ information shall explain, in narrative form, the reasons for any such amendment and the impact of the change on the type of operating data or financial information being provided. The provisions of Section 6.05 of this Ordinance shall not apply to amendments made to this Section. (E) REMEDY FOR BREACH. The covenants contained in this Section 5.04, as amended, relating to the City's continuing disclosure requirements shall be solely for the benefit of the holders and beneficial owners from time to time of [he Bonds. Holders and beneficial owners, to the extent permitted by law and equity, shall have the right, and shall be limited to the right, upon any breach of such covenant by the City and to the exclusion of any other remedy for that breach that o[herwise would be available, to institute and maintain, or to cause to be instituted and maintained, proceedings at law or in equity to obtain the specific performance by the City of its obligations under such covenant. An individual holder or beneficial owner shall not be entitled to institute or maintain proceedings to challenge the sufficiency of any pertinent filing that is [Wade. (F) NON-APPROPRIATION. The performance by the City of its obligations under this Section 5.04, relating to the City's continuing disclosure requirements shall be subject to the availability of funds and their annual appropriation to meet costs the Ciry would be required to incur to perform such obligations. (G) TERMINATION. The obligations of the City under [his Section 5.04, relating to the City's continuing disclosure requirements shall remain in effect only for such period that (1) such covenant is required by the Rule, (2) the Bonds are outstanding in accordance with their tetras, and (3) the City remains an obligated person with respect to the Bonds within the meaning of the Rule. The obligation of the City to provide the Annual Information and notices of the events described above shall terminate, if and when the City no longer remains such an obligated person. (H) SEPARATE BOND REPORT NOT REQUIRED. Additionally, the requirements of [his Section 5.04 do not necessitate the preparation of any separate annual report addressing only [he Bonds. These requirements may be met by the filing of a combatted bond report or the City's Comprehettsive Annual Fittartcial Report: provided, such repott includes all of the required information and is available by May 1. Additionally, the City may incorporate any information provided in any prior filing with each NRMSIR or included in any fins: official statement of the City; provided, such final official statement is filed with the MSRB. ARTICLE VI MISCELLANEOUS PROVISIONS SECTION 6.01. SALE OF BONDS; DELEGATION OF AUTHORITY. The Bonds shall be issued and sold at public sale, private placement, or negotiated sale at one time or in installments from time to time and at such price or prices consistent with the provisions of the Act and the laws of the State of Florida and the requirements of this Ordinance. :]a6 •iLm,UJ.Y ITN ¢ESOLUTiOM t _)A FMS 4 : WD 1 SSpn (1) [o each NRMSIR and to any SID, (i) annual financial information and operating data of the type described under [he caption "Annual Information" below for each Fiscal Year ending on or after September 30. 1996, no[ later than the following May 1, and (ii) when and if available, audited financial statements for the City for each such Fiscal Year; and (2) to each NRMSIR or to [he MSRB and [o the SID, in a timely manner, notice of (i) any Specified Even[ if [ha[ Specified Event is material, (ii) the City's failure [o provide [he Annual Information on or prior to the dace specified above. (iii) any change in the Fiscal Year, (iv) [he City's failure to appropriate funds to meet costs to be incurred [o provide the foregoing information, and (v) the termination of the City's obliga[ions [o provide the foregoing information. The City expects that (a) annual financial sta[ements of the City shall be prepared and audited, (b) any such audited statements shall be available together with the Annual Information, and (c) the accounting principles to be applied in the prepara[ion of those financial statements shall be generally accepted accounting principles as recotttmended from time to time by the Goverrunental Accounting Standards Board. [n the event that the audited annual general purpose financial statements of the City are not available by [he dale on which the Atmual Information shall be provided, the City will provide unaudited financial sta[ements of the City by the date specified and audited financial statements when available. (B) ANNUAL INFORMATION. Annual Information [o be provided by the City shall consis[ of: (a) the annual general purpose financial statements of the City; and (b) summary of revenue expettses and quantities of the System consistent with the presentation of such information in the Official Statement for the 1996 Bonds. (C) SPECIFIED EVENTS. Specified Events shall include the occurrence of the following events, within the meaning of the Rule, with respec[ to the Bonds: principal and interest payment delinquencies; non-payment related defaults; unscheduled draws on debt service reserves reflecting finarcial difficulties; unucheduled draws on credit et[hancements reflecting financial difficulties; substitution of credit or liquidity providers, or their failure to perform: adverse tax opit»ons or events affecting the tact-exempt status of the Bonds; modifications to rights of holders of Bonds: Bond calls: defeasances; release, substitution, or sale of property securing repayment of the Bot[ds; and rating changes. In furtherance of the foregoing, however, holders should understand that the sale or other transfer of real property subjec[ [o the Special Assessments is not included in the listed events. The City shall not be required to undertake to track the sale or other transfer of any such real property or make any no[ifica[ion in the evem any such sale or other transfer may occur. (D} AMENDMENTS. The City reserves the right to amend this Section as may be necessary or appropriate to achieve its compliance with any applicable federal securities law or rule, to cure any ambiguity, inconsistency or formal defect or omission, and to address any change in circumstances arising from a change in legal requirements, change in law, or change in the identity, nature, or status of the Ciry, or type of business conducted by the City. Any such amendment shall be made only in a manner consistent with the Rule and interpretations thereof by the SEC. Annual Information contapining any amended operating data or financial }t ATl'~ E u0 N •FiHRE5OWT10H • 30 Febvp •I I'M) !Spm however, [hat there will be no right to force any acceleration of payment with respect [o the Bonds without [he cotuen[ of [he Credit Facility Issuer. Any such Registered Owner or trustee may enforce and compel the performance of all duties required by [his Ordinance or by any applicable statutes to be performed either by the City or by any officer thereof, including the fixing, charging, and collecting of rates, fees or other charges for the services and Facilities of the System. The Registered Owners of not less than twenty-five percentum (25%) in aggregate principal amount of Bonds issued under this Ordinance then Outstanding or any Credit Facility Issuer while the Bonds secured by it are Outstanding may, by a duly executed certificate in writing, appoint a trustee for Registered Owners of Bonds issued pursuant to this Ordinance with authority to represent such Registered Owners in any legal proceedings for the enforcement and protection of [he rights of such Registered Owners. Such certificate shall be executed by such Registered Owners or their duly authorized attorneys or representatives or any Credit Facility Issuer, and shall be filed in the office of the City Clerk and with the Mayor. Upon the occurrence and continuance of an Event of Default under this Ordinance, the authorized trustee or the Registered Owners of twenty-five percentum (25 °k) or more in aggregate principal amount of the Bonds then Outstanding may pursue any avaiiable right, remedy or power to enforce the payment of the Debt Service Requirement and the observance and performance of any other covenant, agreement or obligation under this Ordinance or any other instrument providing security, directly or indirectly, for the Bonds. No right, remedy or power conferred upon or reserved to the trustee or the Registered Owners under this Ordinance is intended to be exclusive of any other available right, remedy or power, but each right, remedy or power shall be cumulative and concurrent and shall be in addition to every other right, remedy or power available hereunder or existing a[ law, in equity or by statute or otherwise. No exercise, beginning of the exercise, or partial exercise by the trustee or the Registered Gwners or the Credit Facility Issuer of any one or more rights, remedies or powers shall preclude the simultaneous or later exercise by the trustee or the Registered Owners or [he Credit Facility Issuer of any other right, remedy or power. No delay or omission in the exercise of any right, remedy or power accruing upon any even[ of default under this Ordinance shall impair that or any other right, remedy or power or shall be construed to constitute a waiver of such event of default under this Ordinance, but every right, remedy or power may be exercised from time to time and as often as may be deemed to be necessary or desirable. For purposes of this Section 5.03, the foregoing provisions notwithstanding, with regard to defaults as to any Bonds as to which a Credit Facility is in effect, the Credit Facility Issuer shall, as long as i[ has not failed to comply with its payment obligations under the Credit Facility, be deemed to be the sole Registered Owner of such Bonds. SECTION 5.04. CONTINUING DISCLOSURE. (A) PROVISION OF ANNUAL INFORMP.TION; AUDITED FINANCIAL STATEMENTS; AND NOTICES OF EVENTS. The City hereby covenants, in accordance with the provisiotu of the Rule, to provide or cause to be provided: t•as •iL~E VIJ R#UTII RENXLTIONa 37 ~~,~~,: ~JJ~ The City covenants that it (a) will take or cause to be taken such actions which may be required of it for the interest on the Bonds to be and remain excluded from gross income for federal income tax purposes, and (b) will not take or permit to be taken any actions which would adversely affect that exclusion, and that it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purpose of the borrowing, (ii) restrict the yield on investment property acquired with those proceeds, (iii) make timely rebate or penalty payments, if any, to the federal government, (iv) maintain proper books and records and make necessary calculations and reports. and (v) refrain from certain uses of proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under [he Code. The Mayor, the Vice-Mayor and other appropriate officers are hereby authorized and directed to take any and all actions, make rebate or penalty payments, and make or give reports and certifications, as may be appropriate to assure such exclusion of that interest. (L) PAYMENT. The City will duly and punctually pay or cause to be paid from the Pledged Revenues the principal of, premium, if any, and interest on the Bonds. SECTION 5.02. EVENTS OF DEFAULT. [t shall be an Event of Default under this Ordinance if the City shall: (.i) fail to deposit with the Paying Agent on or before each Interest Payment Date sufficient funds to pay the portion of the Debt Service Requirement becoming due and payable on such Interest Payment Date; (2) fail to comply in any material respect with any other covenant made in this Ordinance, if (a) such failure shall continue for more than thirty (30) days following written notice of such failure to the City or (b) the City shall not (within thirty (30) days of receipt of such notice) have initiated steps to cure such default and thereafter have proceeded diligently [o cure such default; provided, however, that the Credit Facility Issuer may waive any such defect if compliance shall be determined to be impossible of performance; or (3) the City files a voluntary petition under the federal bankruptcy laws or any other applicable federal or state bankruptcy or insolvency law. In determining whether any Event of Default described in paragraph (t) above has occurred, rro effect shall be given to any payments made pursuant to a Credit Facility. The City will provide or cause to be provided immediate notice to the Credit Facility issuer of any Event of Default described in paragraph (1) above and notice within thirty (30) days of any other Even[ of Default. SECTION 5.03. REMEDIES. The Registered Owners of not less than twenty-five percentum (25~) in principal amount of Bonds issued under the provisions of this Ordinance. or any Credit Facility Issuer while the Bonds secured by it are Ouutanding, or any trustee acting for such Registered Owners in the manner hereinafter provided, may, either at law or inequity, by suit, action, mandamus, or other proceedings, in any court of competent jurisdiction, protect and enforce any and all rights, available under the laws of the State of Florida; provided, as they relate to the users within (A) any class or (B) any particular area or areas located within and without the Ciry. The foregoing provisions notwithstanding, the City shall set rates for customers of the System residing within the corporate limits of the City in accordance with any applicable provisions of law. Additionally, notwithstanding anything in this section to the contrary, the City may contract separately for services of the System to be provided to the federal government and the federal government may be considered to be a separate class of user for purposes of this Section. (I) ENFORCEMENT OF COLLECTIONS. The City will diligently enforce and collec[ all fees, rentals, or other charges for the services and facilities of the System and all pans thereof. The Commission will establish written policies regarding the enforcement of collections of such fees, rentals, and other charges and will take all steps, actions and proceedings for the enforcement or collection of such fees, rentals or other charges to the full extent pern»tted or authorized by law, consistent with such reasonable policy. The City will, to the full extent permitted by law, establish written policies consistent with sound business judgment for the disconnection from the System of any customer who fails to pay for services rendered by [he System, and shall enforce such policies diligently and fairly. (J) NO COMPETING FACILITIES; SEPARATE SYSTEMS. The City, to the extent permitted by law, will not grant any franchise, license, or permit, or cause or voluntarily agree to the granting of any franchise, license, or permit, for the construction or operation of any facilities which will be competitive with the services and facilities of the System; provided, however, that this subsection shall not affect the vested rights of any persons, firms, or corporations now owning or operating such facilities; further provided that this provision shall not be deemed to require the City to provide service from the System where to do so would be uneconomical. (K) TAX COMPLIANCE. The City covenants that it will restrict the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. The Mayor or the Vice-Mayor, or any other officer having responsibility for [he issuance of the Bonds of each Series shall give an appropriate certificate of the City for inclusion in the transcript of proceedings for each Series, setting forth [he reasonable expectations of [he City regarding the amount and use of all the proceeds of the Bonds of such Series, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of interest on such Series. Each such officer is further authorized to make ur effect any election, selection, choice, consent, approval, or waiver on behalf of the City with respect to the Bonds as the City is permitted or required to make or give under the federal income tax laws, for the purposes of assuring, enhancing or protecting favorable tax treatment or charac[erization of the Bortds or interest thereon or azsisting compliance with requirements for tha[ purpose, reducing the burden or expense of such compliance, reducing the rebate amoun[ or payments of penalties thereon, or making payments in lieu thereof, or obviating such amounts or payments, as determined by such officer. Any such action of such officer shall be in writing and signed by the officer. Additional Parity Bonds ("Completion Bonds") may be issued without satisfying [he foregoing Additional Parity Bonds financial tests in (I) or (2) above for completion of any Project, provided that such Completion Bonds may be issued only in a principal amount not greater than fifteen percent (IS%) of the principal amount of Bonds initially issued to fund the applicable Project, or may be issued without regard to the fifteen percent (15%) limitation upon the approval of the Credi[ Facility Issuer and delivery [o the City of a certificate of an Independent Consultant stating that the proceeds of such Completion Bonds will be sufficient to complete the acquisition, construction and installation of such Project substantially in accordance wi[h the plans and specifications therefor in effect at the time of issuance of the Bonds originally issued for such Project. Additional Parity Bonds payable from the Pledged Revenues may be issued by the City for Refunding purposes without satisfying the foregoing financial tests in (1) or (2) above, provided that, as a result of such Refunding, the Maximum Debt Service Requirement is not increased. Additional Parity Bonds may be issued in the form of Variable Rate Bonds only upon [he prior written consent of the Credit Facility Issuer. No Additional Parity Bonds for the purpose of constructing additions, extensions or improvements to the System, including Project Costs, shall be issued at any time, however, unless (a) alt of the payments into the respective funds and accounts provided for in this Ordinance, shall have been made in full to the date of issuance of such Additional Parity Bonds, (b) no Event of Default as described in Section 5.02 hereof shall have occurred and be continuing, and (c) the City shall be in substantial compliance with the covenants, agreements and terms of this Ordinance. Each ordinance or resolu[ion authorizing the issuance of Additional Parity Bonds shall recite that all of the covenants herein contained will be applicable to such Additional Parity Bonds. (H) SERVICES RENDERED TO THE CITY; NO PREFERENTIAL RATES. The City will neither render nor cause to be rendered any free services of any nature by the System, or any part thereof, nor will any preferential rates be established for users of the same class: in the event the City, or any department, agency, or instrumentality, or any officer or employee thereof, shall avail itself of the Facilities or services provided by the System, or any part [hereof, the same rates, fees, or charges applicable to other customers receiving like services under similar circumstances shall be charged to the City and to any such department, agency, instrumentality, officer, or employee. Such charges shall be paid as tFxy accrue, and the City shall transfer from its general funds sufficient sums to pay such charges. The moneys so received shall be deemed to be Gross Revenues derived from the operation of the System, and shall be deposited and accounted for in the same manner as other Gross Revenues derived from the operation of the System. The foregoing paragraph shall not require the Ciry to have the same rates for (a) different classes of users or (b) for users of the services and Facilities of the System residing or located within different geographical areas, and the City may have different rates for (i) different classes of users or (ii) for users of the services and Facilities of the System located within and without the boundaries of the City, as long as such rates comply with the foregoing paragraph, insofar ::e V i:e ~.u1 P-~l iN XESOLVTIOM F 34 FeuwY ]I '.v.e S Sso~. (2) (a) The Adjusted Net Revenues for the Computation Period shall have at least equalled: (i) one hundred five percent (105%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, and (ii) one hundred percent (100%) of the amounts, if any, required [o be deposited in the Reserve Account during such Computation Period (less any portion [hereof which is to be deposited from proceeds of Bonds) together with any amount of Reserve Account Credit Faciliq• Costs payable in such Computation Period, and (iii) one hundred percent (100%) of the amounts required to be deposited in the Renewal and Replacement Fund during such Computation Period; AND (b) The sum of [he Adjusted Net Revenues, the Special Assessments, and Capital Facilities Charges for the Computation Period shall have at least equalled: (i) one hundred ten percent (Il0%) of the Maximum Debt Service Requirement on all Bonds to be Outstanding as of the date of such issuance, and (ii) one hundred percent (100%) of the amounts, if any, required to be deposited in the Reserve Account during such Computation Period (less any portion thereof which is to be deposited from proceeds of Bonds) together with any amount of Reserve Account Credit Facility Costs payable in such Computation Period, and (iii) one hundred percent (100%) of the amounts required to be deposited in the Renewal and Replacement Fund during such Computation Period. In addition to meeting either (l) or (2) above, the Additional Parity Bonds may not be issued unless Adjusted Net Revenues for the Computation Period, excluding any transfers from the Rate Stabilization Fund, shall have equalled at least one hundred percent (100%) of Adjusted Maximum Debt Service Requirement (as hereinafter defined) on all Bonds to be Outstandin¢ on [he date of issuance. For purposes of the foregoing, "Adjusted Maximum Debt Service Requirement" shall be calculated in the same manner as Maximum Debt Service Requirement, however, the annual amount of Special Assessments to be collected and applied in each Bond Year [o the payment of the principal of and interest on Bonds to be Outstanding on the date of issuance of the proposed Additional Parity Bonds shall be subtracted from the Debt Service Requirement for such Bond Year. (d) If the Ci[y shalt have entered in[o a contract, which contract shall be for a duration of not less than five years, with any public body whereby the Ci[y shall have agreed to furnish services for the collection, treatment or disposal of sewage or agreed to furnish services in connection with any water system or o[her utility system, then the Net Revenues during the Computation Period shall be increased (to the extent such amoutus were not reflected in such Net Revenues) by the minimum amount which such public body shall guarantee, under a legally enforceable agreement with the City, to pay in any Fiscal Year for [he furnishing of such services by the City, after deducting from such payment the estimated additional Operating Expenses attributable in such Fiscal Year to such services. (e) The Net Revenues shall be increased (to the extent the following amounts are not otherwise reflected in Net Revenues) by seventy-five percent (75%) of the amount of additional Net Revenues which would have been received during the Computation Period from any existing occupied structures which are to be connected to the System within the following eighteen (IS) months of the issuance of the Applicable Bonds. (2) "Computation Period" means either (i) any twelve (12) coresecutive calendar months of the eighteen (18) complete calendar months or (ii) the most recent complete Fiscal Year for which the audit is completed, in either case, immediately preceding the month of issuance of Additional Parity Bonds. Additional Parity Bonds may be issued by the City for the purposes of financing the construe[ion and acquisition of additions, extensions and improvements to the System, including Project Costs, only if the requirements of either (1) or (2) below have been met (az evidenced by the certificate of an Independent Consultant or independent Certified Public Accountant). (1) The Adjusted Net Revenues for the Computation Period, hereinafter defined, shall have at least equalled: (a) one hundred ten percent (110%) of the Maximum Debt Service Requiremem on all Bonds to be Outstanding az of the date of such issuance, and (b) one hutdted five percent (100%) of the amounts, if any, required to be deposited in the Reserve Account during such Computation Period (loss any portion thereof which is w be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Computation Period, and (c) one hundred percent (1000 of the amounts required to be deposited in the Rerewal atd Replacement Fund during such Computation Period; !:~4~TLte W)~i~UtN-RESOlUT10N• 32 Fee.,r. :i :w, f55i"i payable from and secured by [he Pledged Revenues on a parity with the Bonds. Any other obligations issued by the City, in addition to the Bonds authorized by [his Ordinance or Additional Parity Bonds provided for in Section 5.01(G) below, shall contain an express statement that such obligations are junior, inferior, and subordinate in all respects to the Bonds issued pursuant to this Ordinance and any such Additional Parity Bonds as to lien on and source and security for payment from the Pledged Revenues, and in all other respects. (G) ISSUANCE OF ADDITIONAL PARITY BONDS. No Additional Parity Bonds shall be issued after the issuance of the 1996 Bonds, except upon the following terms and conditions: For purposes of this Section 5.01(G): (1) the term "Adjusted Net Revenues" shall mean the Net Revenues, certified by the Independent Certified Public Accountant, giving effect [o the following adjustments, (provided each such adjustment shall be certified by an Independent Consultant or Independent Certified Public Accountant in a cettificate or repott which shall set forth the assumptions upon which it is based and shall state that such assumptions, in the opinion of the Independent Consultant or Independent Certified Public Accountant, as the case may be, form a reasonable basis for the conclusions expressed therein). (a) If the City, prior to the issuance of the proposed Series of Bonds, as applicable (the "Applicable Bonds"), shall have adopted or put into effect an increase in the rates, fees, rentals or other charges for the services of [he System, [hen Net Revenues shall be adjusted to include the additional Net Revenues which would have been received during the Computation Period if such increased rates, fees, rentals or other charges had been in effect during all of such period. (b) If the number of connections as of the first day of the month preceding the month in which the proposed Applicable Bonds are to be issued exceeds the average number of such connections during the most recent full Fiscal Year, then the Net Revenues shall be adjusted to include the Net Revenues which would have been received during the Computation Period if those additional connections had also been connected to the System during all of such period. (c) If the City shall acquire by the issuance of the Applicable Bonds any privately or publicly owned existing water system, wastewater system or water and wastewater system, the cost of which shall be paid from all or part of the proceeds of the issuance of the proposed Applicable Bonds, then the Net Revenues during [he Computation Period shall be increased by adding to the Net Revenues during the Computation Period the additional Net Revenues (to the extent such amounts were not reflected in such Net Revenues) which, on the basis of operating data pettaining to the acquired system during the Computation Periods, would have been derived from such existing water system, wastewater system, or other utility system as if such existing water system, wastewater system or other utility system had been operated by [he City as a part of the System during the Computation Period. !),"n)L:e UA P•ciH 0.CSOC6Tgn" 31 ,,,,,,., ,, .,, .,,,", proceeds not needed for such purpose may be used by the City for any purpose permitted by law. (2) The foregoing provision notwithstanding, the City shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property comprising a patt of the System which may hereafter be determined in the manner provided herein to be no longer necessary, useful, or profitable in [he operation thereof. Prior to any such sale, lease, or other disposition of said property pursuant to this paragraph (2) the duly authorized officer in charge of the System shall make a finding in writing determining that such property comprising a pan of the System is no longer necessary, useful, or profitable in the operation thereof. If (a) the amount to be received as a result of such sale or other disposition is in excess of $25,000, such finding shall be approved by resolution of the Commission; and, if (b) the amount [o be received as a result of such sale or other disposition is in excess of $250,000, such finding shall be approved by the Independent Consultant and by resolution of the Commission, and written notice thereof shall be provided to the Credit Facility Issuer; and if (c) the amount to be received in the aggregate as a result of all such sales or other dispositions over an l8-month period is in excess of $1,000,000, such finding shall additionally be subject to the approval of the Credit Facility Issuer. Any proceeds of such sale or other disposition shall (1) be deposited in the Renewal and Replacement Fund created by this Ordinance and used only as provided herein for moneys on deposit in such fund or (2) shall be used to purchase or redeem Bonds. Payment of such proceeds into the Renewal and Replacement Fund shall not reduce the amounts required to be paid into such fund by other provisions of this Ordinance. (3) Additionally, notwithstanding the foregoing, the City may sell or otherwise dispose of a portion of the System or any of the System's operating components if (a) the City determines that the operating integrity of the System will not be materially adversely affected and the City will be able to comply with the rate covenant set forth in Section 5.01(A) hereof, (b) such findings are approved by the Independent Consultant, and (c) such sale or disposal would not, in the opinion of Bond Counsel, affect the exclusion from gross income of interest on the Bonds. (4) The foregoing provision notwithstanding, the City shall have and hereby reserves the right to sell, lease, or ttansfer operating control of, or otherwise dispose of, the property comprising the System as a whole to any public board or body, whether created by the City or created pursuant to the laws of the State, for the purpose of owning and operating the System, whether independent of or rogether with any other utility systems of the City. Any such transfer shall be expressly made subject to the rights of the Registered Owners of any Bottds issued hereunder attd then Outstanding, and in par[iculaz subject to the lien upon the Pledged Revenues of the Bonds. (F) ISSUANCE OF OTHER OBLIGATIONS PAYABLE OUT OF REVENUES. The City will not issue any other obligations, and will not voluntarily create or cattle to be created, any debt, lien, pledge, assigtunent, encumbrance or any other charge, having priority over the Bonds as to lien upon and security for payment from the Pledged Revenues. The City tray issue Additional Parity Bonds, in the manner and subject to the conditions hereinafter provided, l'4~Tl:e ~.P)R 41;TH Rf SOLVT 104 30 Peb.~,a., :: wx Sflp.. (C) INSURANCE. The City will carry such insurance as is customarily carried by City governments owning and operating facilities similar to [he Facilities of the System with a reputable insurance carrier or carriers, including liability insurance, for which [he City may upon appropriate authorization by the Commission be aself-insurer on a sound actuarial basis, and insurance against loss or damage by fire, explosion, hurricane, earthquake, cyclone, occupancy or other hazards and risks, and said property loss or damage insurance shall at all times be in an amount or amounts equal to the full insurable value of the buildings, properties, furniture, fixtures and equipment of the System. Any such insurance shall be carried for the benefit of the City and, to the extent herein provided, the Registered Owners and/or Credit Facility Issuer. (D) ANNUAL BUDGET; BOOKS AND RECORDS; AUD[T. The City shall prepare and adopt an initial budget in connection with the System and thereafter on or prior to the beginning of each Fiscal Year, shall prepare and adopt a detailed budget of [he estimated revenues and expenditures for the System during its current or such next succeeding Fiscal Year, as applicable, and shall provide any Rating Agency and Credi[ Facility Issuer with a copy thereof at the earliest practicable date. No expenditure for the System shall be made in any Fiscal Year in excess of the amount provided therefor in such budget, as revised pursuant to law. The City will keep books and records of the System, which shall be separate and apart t'rom all other books, records and accounts of the City, and in which complete and correct entries shall be made, in accordance with Accounting Principles, of all transactions relating to the System. Any Rating Agency, Credit Facility Issuer, and any Registered Owner of Bonds issued pursuant to this Ordinance shall have the right at all reasonable times to inspect the System and all parts thereof, and all records, accounts and data of the City relating thereto. The City shall, within one hundred eighty (180) days after the close of each Fiscal Year (or such other date as shall be specified by law), cause the books, records and accounts of the City for such preceding Fiscal Year to be properly audited by the Independent Certified Public Accountants and a report thereon prepared and delivered to the City, and the City shall make available at City Hall, and shall mail to each Rating Agency attd Credit Facility Issuer and, upon written request, [o any Registered Owner of Bonds issued pursuant to this Ordinance, said report, or a reasonable summary thereof. (E) SALE OF THE SYSTEM. The following provisions shall govern the disposition of zny Facilities or the System as a whole: (1) The System may be sold, mortgaged. leased or otherwise disposed of as a whole or substantially as a whole, only if the net proceeds to be realized from such transaction shall be sufficient fully to retire all of the Bonds and all other obligations Outstanding pursuant to the provisions of this Ordinance which have a lien on the Pledged Revenues. The proceeds from such sale, mortgage, lease or other disposition of the System pursuant to this paragraph (1) shall be used only for the purpose of providing for the payment of the principal of and interest on the Bonds and other obligations Outstanding pursuant to the provisions of this Ordinance as the same shall become due, or for the redemption of callable Bonds; provided, however, that any excess of such ,:..,.~~~„,a,~,~wF~o~~Tw~~ 29 rM~,:~ ~~:sue (l00%) of [he required deposits into (i) the Reserve Account (less any portion thereof to be deposited from proceeds of Bunds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, and (ii) [he Renewal and Replacement Fund in such Fiscal Year. OR (2) (a) Net Revenues equal to (i) one hundred five percent (1050 of the Debt Service Requirement on [he Bonds for such Fiscal Year. and (ii) one hundred percent (l00%) of the required deposits into (A) the Reserve Accoun[ (less any portion thereof to be deposited from proceeds of Bonds) to¢e[her with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, and (B) the Renewal and Replacement Fund in such Fiscal Year; AND (b) Net Revenues, Special Assessments and Capital Facilities Charges available in such Fiscal Year, equal to (i) one hundred ten percent (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year, and (ii) one hundred percent (100%) of the required deposits into (A) the Reserve Account (less any portion thereof to be deposited from proceeds of Bonds) together with any amounts of Reserve Account Credit Facility Costs payable in such Fiscal Year, and (B) the Renewal and Replacement Fund in such Fiscal Year. The City further covenants that, from time to time and as often as shall be necessary, it will revise races, fees and charges of the System or the Operating Expenses and methods of operations of the System as may be tecessary so that Net Revenues in each Fiscal Year will, subject to applicable requirements and restrictions imposed by law, not be less than the amount required for such Fiscal Year (1) under this Section 5.01(A) and (2) to make all deposits and paymen[s required by the provisions of Section 3.03(C) hereof. The City further covenants and agrees that it will annually, within chitty (30) days after adop[ion of [he annual budget, revise its rates, tees and chazges to the extent necessary to cause the estimated Net Revenues during the Fiscal Year to which such budget pertains to be not less than the amount of Net Revenues (1) required by this Section 5.01(A) and (2) needed to make the deposits and payments required by Section 3.03(C) hereof. (B) OPERATION AND MAINTENANCE. The City will maintain the System and all parts thereof in good condition, and will operate the same in an efficient and economical manner, making such expenditures for equipment and t'or renewal, repair and replacement as may be proper for [he economical operation and maintenance thereof and, subject to the provisions of this Ordinance, will continuously operate the System as a revenue producing enterprise of the City until all of the Bonds and the interest [hereon, are finally paid and retired, or until the Bonds have been defeased in accordance with the provisions of Section 6.04 hereof and all amounts due and owing to any Credit Facility Issuer shall have been paid. Nothing in this paragraph shall prevent the City from entering into one or more management contracts for all or a portion of the operation of the System. +1.narLie.,~:a ~I1n Ff50LlTNnt 2° tN++,'~ ~'+w 1!`oT Project Account shall be made only after such expenditures or disbursements shall have been approved by the City. All funds on deposit in the 1996 Project Account, which in the opinion of the City, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments, maturing at such time or times as such moneys will be needed for the putposes of the 1996 Project Account. All income derived from such investments shall be retained in the 1996 Project Account and used to pay 1996 Project Costs, unless otherwise required by the terms of the tax compliance certificate delivered in connection with the 1996 Bonds. If, for any reason, the moneys on deposit in the 1996 Project Account, or any pan thereof, are not necessary for or are no[ applied to the payment of applicable 1996 Project Costs, then, upon receipt of an opinion of Bond Counsel to the effect [hat such deposit and application shall not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 1996 Bonds, [he unapplied proceeds shall be applied atd deposited by the Ci[y (1) first, into the Sinking Fund to the extent of any deficiency therein, (2) second, into the Reserve Account to the extent of any deficiency therein, (3) third into the Renewal and Replacement Fund, (4) fourth, to pay the cost of any additional Facilities which the City shall have determined to be useful in connection with the System, and (5) fifth to redeem or purchase Bonds. ARTICLE V COVENANTS OF THE CITY; REMEDIES SECTION 5.01. COVENANTS OF THE CITY. So long as any of the principal of, premium, if any, or interest on any of the Bolds shall be outstanding and unpaid, or until [here shall have been set apart in the Sinlcittg Fund atd the accounts therein, a sum sufficient to pay, when due, or to redeem prior to maturity, the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, and the interest accrued and to accrue thereon, and all amounts due atd owing to any Credit Facility Issuer, or until all Bonds have been defeased in accordance with Section 6.04 hereof, the City covenants with the Registered Owners of any and all of the Bonds issued pursuant to this Ordinance and with any Credit Facility Issuer as follows: (A) RATE COVENANT. The City will fix, establish atd maintain such rates and collect such fees, rentals, or other charges for the services and Facilities of the System, and will revise the same from time to time whettever necessary, so as to provide Net Revenues in each Fiscal Year commencing with the Fiscal Year beginning October I, 1996, equal to the amounts set forth in either (1) or (2) below. (1) Net Revenues equal to (a) one hundred ten percent (110%) of the Debt Service Requirement on the Bonds for such Fiscal Year, and (b) one hundred percent )'+! eiLm u9 R1LIHAESOLUTIOV ~ 27 respect to which such moneys were deposited, subject however to the provisions of the next paragraph. (J) UNCLAIMED MONEYS. Any moneys deposited into the Sinking Fund, including the Bond Amortization Account(s) therein, for the payment of principal of, premium, if any, and interest on the Bonds and remaining unclaimed for a period of one (1) year from the date on which such moneys were due to pay maturing principal of, premium, if any, or interest on such Bonds may be withdrawn by the City and used for any lawful purpose; provided that (1) such withdrawal shall not give rise to any claim for additional interest due on such Bonds on account of payment thereof not having been duly provided for under the [erms of this Ordinance: and (2) such withdrawal shall not affect the right, to the extent existing under the provisions of this Ordinance or of the laws of the State, of the Registered Owner of such Bonds [o payment of the principal and interest thereon to the Interest Payment Date with respec[ to which such moneys were originally deposited. ARTICLE IV APPLICATION OF 1996 BOND PROCEEDS; 1996 PROJECT ACCOUNT SECTION 4.01. APPLICATION OF 1996 BOND PROCEEDS. All moneys received from the sale of any or all of the 1996 Bonds shall be disbursed as follows: (A) Acctved and capitalized interest shall be deposited into the Sinking Fund and applied to the interest coming due on the 1996 Bottds on the applicable Interest Payment Dates. (B) An amount required to pay all outstanding principal of and interest on the Refunded Obligation will be paid to Barnett Bank of Jacksonville, N.A., to retire [he Refunded Obligation. (C) An amount equal to the Reserve Account Requirement shall be deposited into the Reserve Accoun[; provided that this requirement tray be satisfied in whole or in part by the es[ablishment of a Reserve Account Credit Facility for the putpose of such Reserve Account. (D) An amount necessary to pay the Issuance Expenses with respect to the 1996 Bonds will be deposited into a cost of issuance account in the 1996 Project Account or will be paid at closing from the proceeds of the 1996 Bonds. (E) The balance of such proceeds of the sale of the 1996 Bonds shall be deposited into the 1996 Project Account to be used to pay Project Costs. SECTION 4.02. 1996 PROJECT ACCOUNT. The moneys on deposit in the 1996 _ Project Account shalt be withdrawn, used and applied by the Ci[y solely for the payment of 1996 Project Costs and purposes incidental thereto. All expenditures or disbursements from the 1996 •s.e.si:emsx..in,ees«irr~on. 26 ree.urisi ;wessso"~ iH) INVESTMENT OF MONEYS IN FUNDS AND ACCOUNTS. All moneys on deposit in the funds and accounts created hereunder may be invested and reinvested only in Authorized Investments; provided, however, that such investments shall mature not later than the respective dales when such moneys will be required for the purposes of such funds and accounts; and provided that at no time shall any moneys cons[ituting gross proceeds of Bonds be used in any manner to cause or result in a Prohibited Payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. Investment Earnings related to any Capital Facilities Charges shall be held and applied for the same purposes to which such Capital Facilities Charges are restric[ed by [he terms of this Ordinance or any ordinance or resolution adopted in connec[ion wi[h the issuance of any applicable Series or installment of Bonds. Moneys in [he Sinking Fund, other than the Reserve Account therein, may be invested in Authorized Investments maturing rrot later than the respective dates that such moneys will be needed for the payment of in[erest and principal (including Amortization Installments) on Bonds, and Investment Earnings thereon shall be deposited into the Revenue Fund. In the case of the Reserve Account, investments shall mature not later than ten (10) years from the date of investment, and Investment Earnings thereon shall be retained in such account to the extent necessary to maintain the Reserve Account Requirement therein, and, otherwise, shall be deposited into the Revenue Fund. Moneys on deposit in the Renewal and Replacement Fund may be invested in Authorized Investments maturing not later than the time that such moneys will be needed for the purposes of such fund, and Investment Eaznings thereon shall be retained in such fund to [he extent necessary to maintain the Renewal and Replacement Fund Requirement therein and, otherwise, shall be deposited into the Revenue Fund. Moneys on deposit in the Rate Stabilization Fund may be invested in Authorized Investments maturing not later than the date that such moneys will be needed, and Investment Earnin¢s thereon shall be deposited into the Revenue Fund upon receipt. Moneys on deposit in the Rebate Fund may be held uninvested or may be invested in Authorized investments. Any Investment Earnings [hereon shall be retained in the Rebate Futtd to the extent needed to make required reba[e payments and, otherwise, shall be deposited into the Revenue Fund. (I) PAYMENT ACCOUNTS. On or prior to each Interest Payment Date when Debt Service is due on any Bottds, futrds for the payment of the Debt Service then due shall be transferred from the accounts in the Sinking Fund and deposited with the Paying Agent who shall deposit the same in a payment account upon which Debt Service payment checks shall be drawn and other payments of Debt Service shall be made. Such payment account shall be established in the name of the Ciry and moneys in any such payment account may be invested at the direc[ion of the City in Authorized Investments. Such payment account shall be held in trust solely for the benefit of the persons entitled to receive payment of the Debt Service with }}, •i i:n n' P nt tll Pf.SOLCiIONP 25 IN+I y. :'~ SSSpn accounts [herein when [he Pledged Revenues are insufficient therefor. Thereafter, Special Assessments may be used [o pay the cos[ of Expansion Facilities or for other lawful purposes of the System. (7) REBATE FUND. Moneys on deposit in the Rebate Fund may be used only for the purpose of making any payments required to be made to the Department of the "treasury of the United States pursuant to the provisions of Sections L03 and 141-148 of the Code. Any excess amount in the Rebate Fund not needed or required to be paid [o the Department of the Treasury of the United States may be withdrawn and applied for any lawful purpose. (G) RESERVE ACCOUNT. Upon the issuance of Bonds, cash or Authorized Investments shall be deposited into the Reserve Account or a Reserve Account Credit Facility shall be purchased from the proceeds of such Bonds, or from other moneys of the City available therefor, in order [o make [he Reserve Account Value at the time of issuance thereof equal to the Reserve Account Requirement; provided, that the City may establish separate reserve accounts for different series of Bonds. Notwithstanding the foregoing, the Ciry at any time may substitute a Reserve Account Credit Facility for all or any portion of the cash and Authorized Investments on deposit in the Reserve Account, subject only to such conditions and approvals as may be imposed by the Credit Facility Issuer providing such Reserve Account Credit Facility or by any Credit Facility Issuer having a Credit Facility or Reserve Account Credit Facility in effect as to any Bonds. Cash on deposit in the Reserve Account shall be used (or Authorized Investments purchased with such cash shall be liquidated and the proceeds applied as required) prior to any drawing on any Reserve Account Credit Facility. If and to the extent that more than one Reserve Account Credit Facility is deposited in the Reserve Account, drawings thereunder and repayments of costs associated therewith shall be made on a pro-rata basis, calculated by reference to the maximum amounts available thereunder. The Authorized Investments on deposit in the Reserve Account shall be valued as of the last day of the Fiscal Year at the lesser of (1) their cost or (2) their fair market value, exclusive of accrued interest. Any Reserve Account Credit Facilities shall be valued at the amount of the Reserve Account Credit Facility Coverage. If and whenever the Reserve Account Value (excluding Investment Earnings to be deposited into the Sinking Fuld or Revenue Fund as hereinafter provided in Section 3.03(H)) exceeds the Reserve Account Requirement on all then Outstanding Bortds, such excess may be withdrawn and applied, first, to pay any Reserve Account Credit Facility Costs and thereafter applied and allocated into the Renewal and Replacement Fund, or, if an amount equal to the Renewal and Replacement Fund Requirement is then on deposit in the Renewal and Replacement Fund, then into the Revenue Fund. Deficiencies in the Reserve Account Value resulting from a draw upon the Reserve Account or a decline in market value of the Authorized Investments therein shall be restored in equal installments over a period of not more than twelve (12) mon,hs from the date of valuation, draw, ur withdrawal; provided that no restoration shall be required due [o a decline of less than fifteen percent (159) in the market value of such Authorized Investments. Ciq 1iL:0 JP0.1LTH gE50LUTYJN• 24 gtyrT ll ewe v.,y., (b) Bond Amortization Account. Moneys held for the credit of the Bond Amortization Account shall be applied to the retirement of Term Bonds of each Series or installment of Bonds, to the extent of the Amortization Installment, if any. for such Bond Year for the Tetra Bonds of each such Series or installment then Outstanding, and if the amount available in such Bond Year shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such Bond Year for the Term Bonds of each such Series or installment [hen Outstandinc. Notwithstanding the provisions of the preceding paragraph, the City may purchase Term Bonds [her. Outstanding at the most advantageous price obtainable with reasonable diligence, such price not to exceed the principal amount of such Tenn Bonds. No such purchase shall be made by the City within the period of foray-five (45) days immediately preceding any Interest Payment Date on which Term Bonds are subject [o call for redemption, except from moneys in excess of the amounts set aside or deposited for the redemption of Term Bonds on such date. (c) Reserve Account. Moneys in the Reserve Account shall be used only for the purpose of the payment of interest on or principal (including Maturity Amounts and Amortization Installments) of the Bonds when the other moneys allocated to the Sinking Fund are insufficient therefor, and for no other purpose. (3) RENEWAL AND REPLACEMENT FUND. The moneys in the Renewal and Replacement Fund shall be used only for the purpose of paying (a) the cost of extensions, enlargements or additions to, or the renewal or replacement of Facilities of, the System, including extraordinary repairs and any Project Costs; (b) making emer¢ency repairs to the Facilities of the System; or (c) the principal of and interest on the Bonds, when due, if the moneys an deposit in the Sinking Fund and accounts therein are ever insufficient therefor, provided that any amounts so withdrawn must be restored from moneys available for ttse as provided in Section 3.03(C)(9). (4) RATE STABILIZATION FUND. Moneys on deposit in the Rate Stabilization Fund may be used only for redeposit into the Revenue Fund. Moneys redeposited into the Revenue Fund shall be included in Gross Revenues for [he purposes of calculating Net Revenues hereunder for the Fiscal Year in which the redeposit occurs, except as provided in Section 5.01(G) hereof. (5) CAPITAL FACILITIES CHARGES FUND. Moneys on deposit in the Capital Facilities Charges Fund shall be used first for the purpose of supplementing the Gross Reventes and Investment Earnings to the extent necessary [o make the required deposits into the Sinking Furl and accounts therein when the Gross Revenues and Investment Earnings are insufficient therefor. Thetrzfter, Capital Facilities Charges may be used to pay [he cost of Expansion Facilities or for other lawful purposes of the System. (6) SPECIAL ASSESSMENT FUND. Moneys on deposit in the Special Assessment Fund shall be used first for tbe purpose of supplementing the Pled¢ed Revenues to the extent txcessary to make tbe required deposits in[o tbe Sinking Fund and )aeeRie nO a e1:TN NEN1EUil0!., 23 fe,.~.:: :w6 ! ]Sw+ (9) remaining moneys may be used by the City for any lawful purpose. including deposiu [o the Rebate Furtd: provided that rto moneys may be withdrawn and used by the City other than for deposits into the Rebate Fund at any time when there are outstanding, unpaid obligations due attd owing to a Credit Facility Issuer pursuant [o any Credit Facility or Reserve Account Credit Facility. The foregoing provisions notwithstanding, no tunher deposits shall be required to be made into [he foregoing funds and accounts whenever (1) there shall be on deposit in the Sinking Fund, including the Reserve Account and the Bond Amortization Accounts [herein. an amount of money and Authorized Investments equal to all principal and interest due on the Bonds to the final maturity thereof, and (2) all amounts due and owing to any Credit Facility Issuer shall have been paid. Credit shall be allowed against the required deposi[ amounts due as prescribed above for the payment of principal of and interest and Amortization Installment on Bonds to the extent of any other funds on deposit and available for such purpose in the applicable accounts of the Sinking Fund, including, but not limited [o, moneys derived from (i) Capital Facilities Charges, (ii) Special Assessments; (iii) capitalized interest, and (iv) any Investment Earnings transferred into such fund or account and available for such purposes. (D) APPLICATION OF CAPITAL FACILITIES CHARGES. All Water System Capital Facilities Charges shall be deposited upon receipt into the Water System Capital Facilities Charges Account, and all Wastewater System Capital Facilities Charges shall be deposited upon receipt into the Wastewater System Capital Facilities Charges Account. (E) APPLICATION OF SPECIAL ASSESSMENTS. All Special Assessments shall, immediately upon receipt thereof, be deposited by the City into the Special Assessment Fund. (F) USE OF MONEYS ON DEPOSIT IN FUNDS AND ACCOUNTS. The moneys on deposit in the funds and accounts herein established shall be only used in [he following manner and for the following purposes: (1) REVENUE FUND. Moneys on deposit in the Revenue Fund shall be used only to make the required payments and deposits as provided in Section 3.03(C)(1) through (8), inclusive, hereof and, thereafter, tray be applied as provided in Section 3.03(C)(9) hereof, or may be retained in the Revenue Fund. (2) SINKING FUND. {a) CurrentDe6tServiceAccortnt. Moneysondeposit in the Curnnt Debt Service Account in the Sinking Fund shall be used only to pay the principal of (including Maturity Amounts) and interest on the Bottds as the same matures and becomes due. ):Ji ~Tl14 mJ R.~VT4.RE50lUIlON~ 22 frn'w. :i .+e !!SYn GROSS REVENUES. All Gross Revenues shall. (C) APPLICATION OF d sued by the City into the Revenue Fund. Moneys on immedia[ely upon receipt thereof. belied in each month, subject to credits for deposits as in the following manner and order of priority; Provided, that with deposit in the Revenue Fund shall be app provided hereinbelow, odn~ for any Series of Bonds that is other thane nnual of allntamou~ttts respect to any payment pe ual monthly Po [~ required depostts shall be such as [o provide for eq required to meet the annual Deb[ Service Requirement of such Series: rises. (11 moneys shall first be used to pay Opera[ing Expe l2) moneys shall next be used for deposit in[o [he Sinking Fund in the following priority: (a) into the Current Debt Service Acco dueton [he Currentslnter u necessary to pay one-sixth (116) of the interest becoming Paying Bonds on [he Ilex[ Interest Payment Dale: I (b) into the Current Debt ~ a maturing on Current Interest Pay S necessary [o pay one-twelfth (1/12) of the princip Serial Bonds on the next Principal Maturity Date: ant w[th the lc) into the Cuh bt b~obe Sri sSUCh amounts as are necessary to Pay payments provided in subpacagraP ( ) aturiry Amount of any Capital Appreciation Bonds maturing one-[welfth (1112) of ~ M Date; and on the next Principal Maturity a merits (d) into the Bond Amortization Accoum. on a pari[y with the p Y ra hs (b) a[-d (c) above. in such amounts ~ awhic~h shalrybecome provided in subparag P one-[welfth (1/12) of the Amor[izaiial MatunryeDa~r Term Bo due and payable on the next Print p (3) moneys shall r-ext be used to cure any deficiency for prior deposits into the Sinking Fund: (q) moneys shall next be used to maintain in the ResutttenAn[ unt a Reserve Account Value in an amount equal to the Reserve Account Req (5) moneys shall [text be deposited into [he Renewal and Replacemen[ Furl in an amount equal to oae twelfth (1112) of the Budgeted Retyewal aid Replacement Fund Amount: Costs; (6) moneys shall next be used to pay Reserve Aa'ount Credit Facility (7) moneys may next be used to pay debt service on any Subordinated Bonds: (g) moneys may r-ext, in the discretion of the Commission. be deposited into the Rate Stabilization Fund in such sums as shall be detetm[rted by [~ Commission; and r.a..r• •~ iw f fk. 21 -.~:, •!L!'.n P nLTH PEYHET~' ~ SECTION 3.03. APPLICATION OF PLEDGED REVENUES. For as long as any of the principal of, premium, if any, and interest on any of the Bonds shall be outstanding and unpaid or until (a) there shall have been set apart in the Sinking Fund, herein established, including subaccounts therein for each Series of Bonds and the Reserve Account and Bond Amortization Account and subaccounts therein, a sum sufficient to pay when due the entire principal amount of the Bonds remaining unpaid, together with the premium, if any, with respect thereto, and the interest accrued or to accrue [hereon, or (b) provision for payment of the Bonds shall have been made in accordance with the terms of Section 6.04 of this Ordinance and [he Bands shall have been defeased, the City covenan[s wi[h the Regis[ered Owners of any and all Bonds as follows: (A) CREAT[ON OF FUNDS AND ACCOUNTS. There are hereby created and established the following funds and accounts: [he Utilities System Revenue Fund, hereinafter referred to as the "Revenue Fund"; the Utilities System Capital Facilities Charges Fund, hereinafter called the "Capital Facilities Charges Fund", together with the."Water System Capital Facilities Charges Account" and the "Wastewater System Capital Facilities Charges Account" therein; the Utilities System Special Assessments Fund, hereinafter called the "Special Assessment Fund"; the Utilities System Revenue Bonds Sinking Fund, hereinafter called the "Sinking Fund", together with the accounts therein to be known as the "Current Debt Service Account," the "Bond Amortization Account" (together with any subaccounts therein) and the "Reserve Accoun["; the Utilities System Renewal and Replacement Fund, hereinafter called the "Renewal and Replacement Fund"; the Utilities System Rate Stabilization Fund, hereinafter called the "Rate Stabilization Fund"; the Utilities System Project Fund, hereinafter called the "Project Fund" together with an account therein to be known as the "1996 Project Account";and the Utilities System Revenue Bonds Rebate Fund, herein referred to as the "Rebate Fund"; provided that separate Sinking Fu[[ds, and separate accounts and subaccoun[s in any of the foregoing may be established and maintained for differen[ Series or installments of Bonds. (B) MAINTENANCE OF FUNDS AND ACCOUNTS. The designs[ion and es[ablishment of [he various funds and accounts in and by this Ordinance shall not be construed [o require the establishment of any completely independent, self-balancing funds or accounts, as such terms are cortunonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of Pledged Revenues for certain purposes and to establish certain priorities for application of such Pledged Revenues as provided herein. Cash and Authorized Investments required to be accounted for in each of the funds and accounts established by this Ordinance may be deposited in a single account, provided that accounting records, prepared in accordance with Accounting Principles are maintaited to reflect control or restricted allocation of the moneys therein for the various purposes of such funds and accounts. Deposiu into the accounts for any Series or installment of Bonds shall be on a parity with the deposits, if any, into the corresponding accounts for each other Series or installment of Bonds (or, in the case of a deficiency, shall be on a pro rata basis computed with regard [o the aggregate principal amount of Bonds of each Series or installment then Outstanding) trrrless specified otherwise; further provided that moneys on deposit in the accounts established for a particular Series or installment of Bonds may be specified not to be available to be used for payments required to be made from the corresponding accounts for any other Series or installmen[ of Bonds. !::4 •LLI~~4! P ~UTII Pt50LlT10N, ~~ f[buY, H ~`M 5 )!pn the addressee) to the Credit Facility Issuer and to all registered securities depositories [hen in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Ttvst Company of New York. New York, New York; Midwest Securities Ttvst Company of Chicago, Illinois; and Philadelphia Depository Trust Company of Philadelphia, Pennsylvania) and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds (such as Financial Information, Int.'s Financial Daily Called Bond Service, Interactive Data Corporation's Bond Service, Kenny Information Service's Called Bond Service and Standard & Poor's Called Bond Record). SECTION 2.10. FORM OF BONDS. The text of the Bonds shall be of substantially the form of Exhibit A hereto, with such omissions, insertions, and variations as may be necessary and desirable, and as may be authorized or permitted by this Ordinance or by subsequent ordinance or resolution adopted prior to [he issuance thereof. ARTICLE III BONDS NOT GENERAL OBLIGATION OF CITY; PLEDGE OF REVENUES AND APPLICATION THEREOF SECTION 3.01. BONDS NOT GENERAL OBLIGATION OF CITY. Neither the Bonds nor the interest or premium, if any, [hereon shall be or constitute general obligations or indebtedness of the City as "bonds" within the meaning of the Constitution of the State of Florida, but shall be payable from and secured solely by a lien upon and a pledge of the Pledged Revenues as herein provided. No Registered Owner or Owners of any Bonds issued hereunder shall ever have the right to compel the exercise of the ad valorem taxing power of the City or taxation in any form of any property therein to pay such Bonds or the interest or premium, if any, thereon or be entitled to payment of such principal, premium, if any, and interest from any other funds of the City except from the Pledged Revenues in the manner provided herein. Neither the Bonds nor the interest or premium, if any, thereon shall have or be a lien upon the System or the Stormwater System, or upon any property of or in the City, other [hart the Pledged Revenues in the manner provided herein. SECTION 3.02. BONDS SECURED BY PLEDGED REVENUES. The payment of Debt Service on all the Bonds issued hereunder shall be secured forthwith equally and ratably with the other Bonds solely by a lien upon and pledge of the Pledged Revenues. The Pledged Revenues, in an amount sufficient both to pay the principal of, premium, if any, and interest on the Bonds herein authorized and to make the payments into the Reserve Account and Sinking Fund and all other payments provided for in this Ordinance are hereby irrevocably pledged in the manner stated herein to such payment; provided that said pledge and lien may be released and extinguished by defeasance as provided in Section 6.04 hereof. Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of Debt Service Requirements on any Series of Bonds from, or the pledging to such payment of, any lawfully available additional revenues, reserves, security, documents, obligations or sources of funds. ..,.,.~,...,»e,r,rHpeww~ioH. 19 i.e,Y,_i ~oee.~. surrender of the Bonds in [emporary form to the Bond Registrar the Bond Registrar :,hall authenticate and deliver, in exchange therefor, Bonds of the same Series and maturity, in definitive form in the authorized denominations, and for the same aggrega[e principal amount, as the Bonds in temporary form surrendered. The expense of such exchange shall be paid by the City and there shall be made no charge therefor to any Registered Owner. SECTION 2.08. BOND ANTICIPATION NOTES. [n an[icipa[ion of the delivery of the Bonds of any Series and receipt of the proceeds thereof, the City may issue Bond Anticipation Notes. Provisions regarding the form of such Bond Anticipation Notes and the security for any Bond Anticipation Notes shall be se[ forth in a separa[e ordinance or resolution of the Commission adopted at or prior to the time of sale of such Bond Anticipation Notes. SECTION 2.09. PROV[SiONS FOR REDEMPTION. The Bonds may be redeemable, by operation of the applicable Bond Amottization Account or, at the option of [he Ci[y, as provided by subsequent resolution of the Commission adopted prior to the delivery of the Bonds; provided that no optional redemption of Bonds may be effected at any time when there are outstanding, unpaid obligations due and owing to a Credit Facility Issuer pursuant to any Credit Facility or Reserve Account Credit Facility without the prior written consent of the Credit Facility Issuer. Not more than sixty (60) days or less than thirty (30) days prior to the Redemption Date, notice of such redemption (i) shall be filed wi[h [he Bond Registrar, and (ii) shall be mailed by first class mail, pos[age prepaid, to all Registered Owners of Bonds to be redeemed at [heir addresses as they appear on the registration books hereinabove provided for. Notice of Redemption of Bonds, other than by operation of the Bond Amottization Account and other than pursuant to the application of advanced refunding bond proceeds, shall be provided as se[ forth herein only from and to the extent that funds sufficient to pay the redemption price and accrued interest thereon are on deposit in the funds and accounts held by the Paying Agent and available for such purpose on the date the notice of redemption is mailed. interest shall cease to accrue on any Bonds duly called for prior redemption on the Redemption Date, if payment thereof has been duly provided. Failure of any Registered Owner to receive notice properly provided shall not affect the validity of any such proceedings for redemption or the cessation of the accrual of interest on any Bonds called for redemption from attd afrer the Redemption Date. In addition [o the foregoing notice, further notice shall be given as set out below, but no defect in any such notice nor any failure to give all or any portion of any notice shall in any manner defeat the effectiveness of a call for redemption with respect to an Owner as to which notice is given as prescribed above. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (i) the date of original execution and delivery of the Bonds of such Series; (ii) the rate of interest borne by each Bottd being redeemed: (iii) the maturity dale and CUSIP number of each Bond being redeemed: and (iv) any other descriptive information needed to identify accuracely the Bonds being redeemed. Each further notice of redemption shall be sent at least thirty (30) days before [he redemption date by reeistered or certified mail or overnight delivery service (at [he expense of )]+61LLIA W)R-AVTNAESOLUTION~ I° imr W, ]I .aw 5!5>+ applicable notice of redemption is given, or (b) [o transfer or exchange any Bonds selected, called or being called for redemption in whole or in part. New Bonds delivered upon any transfer or exchange shall be valid obligations of [he City, evidencing the same debt as the Bonds surrendered, shall be secured by this Ordinance, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The City may elect to use abook-entry or immobilization system for issuance and reeistration of the Bonds of any Series, and the details of any such system shall be as fixed by subsequen[ ordinance or resolution of the Commission adopted prior to the [ime of issuance of such Bonds. Whenever any Bond shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Bond shall be cancelled and destroyed by the Bond Registrar, and counterparts of a certificate of destruction evidencing such destruction shall be furnished to the City. SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. [n case any Bond shall become mutilated or be desvoyed, stolen or lost, the Bond Registrar may in its discretion issue and deliver a new Bond, of like tenor as the Bond, so mutilated, destroyed, stolen or lost, either in exchange and substitution for such mutilated Bond upon surrender and carcella[ion of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Registered Owner's furnishing the Bond Registrar proof of his ownership thereof, furnishing satisfactory indemnity in favor of both the City and the Bond Registrar, complying with such other reasonable regulations and conditions as the Bond Registrar and City may prescribe, and paying such expenses as the City may incur. All Bonds so surrendered shall be cancelled. If any such Bonds shall have matured or are about to mature, instead of issuing a substitu[e Bond, the Bond Registrar may pay the same, upon compliance with the foregoing conditions and requirements. Any such duplicate Bonds issued pursuant to this Section shall constitute original contractual obligations on the part of the City, whether or not any lost, stolen or destroyed Bottds are found and shall be entitled to equal and proportionate benefits and rights with all other Bonds of such Series issued hereunder as to lien on atd source and security for payment from the Pledged Revenues. SECTION 2.07. TEMPORARY BONDS. Until Bonds in definitive form of any Series are ready for delivery, the City tray execute, and upon its request in writing, the Bond Registrar shall authenticate and deliver in lieu of any thereof, and subject to the same provisions, limitations and conditiotu, one or more printed, lithographed or typewritten Bonds in [emporary form, substantially of the tenor of the Bonds bereinbefore described and with appropriate omissions, variations and insertions. Until exchanged for Bonds in definitive form, such Bottds in temporary form shall be entitled to the lien and benefit of this Ordinarce. The City shall, without unreasonable delay, prepare, execute and deliver to the Bond Registrar and thereupon, upon the presentation and ?61TL:n Wl R.11T1 RESOLl:TlO\, 17 Ip. v. :' Mt.ym There shall be a Certificate of Authentication of the Bond Registrar on the Bonds, and no Bond shall be valid or obligatory for any purpose or be entitled [o any security or benefit under [he provisions of this Ordinance utiless such certificate shall have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual or in facsimile, provided, however, tha[ a[ least one of the above signatures, including that of the authorized signature for the Bond Registrar, appearing on the Bonds shall be a manual signature. Incase any one or more of the officers who shall have signed or sealed any of the Bonds shall cease [o be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond tray be signed and sealed on behalf of the City by such person as at the actual time of the execution of such Bond shall hold the proper office in the City, although at the date of such Bonds such person may not have held such office or may not have been so authorized. SECTION 2.05. NEGOTIABILITY AND REGISTRATION. The Bonds shall be and have all the qualities and incidents of negotiable instruments under the Unifotm Commercial Code -Investment Securities Laws of the State of Florida, and each successive Registered Owner, in accepting any of said Bonds shall be conclusively deemed to have agreed that the Bonds shall be and have all of the qualities and incidents of such negotiable instruments. There shall be a Bond Registrar, who may also be [he paying agent for the Bonds, which shall be a Banking Institution. The Bond Registrar shall be responsible for maintaining [he books for the registration of the transfer and exchange of the Bonds. The City and the Bond Reeistrar may treat [he Registered Owner of any Bond as the absolute owner [hereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the con[rary. All Bonds presented for transfer, exchange, redemption or payment (if so required by the Ciry or the Bond Registraz) shall be accompanied by a written instrument or inswments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the City or the Bond Registraz, duly executed by the Registered Owner or by his duly authorized attorney. The Bond Registrar may charge the Registered Owner a sum sufficient to reimburse it for any expenses incurred in making any exchange of [ransfer after the first such exchange or [ransfer following the initial delivery of the Bonds. The Bond Registrar or the City may also require payment from the Registered Owner or his transferee, as the case tray be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Bonds shall be delivered. The City and the Bond Registrar shall not be required (a) to issue, transfer or exchange am' Bonds during a period beginning at the opening of business on the 15th day next preceding either any Interest Payment Date or any date of selection of Bonds or parts thereof to be redeemed and ending at the close of business on the Interest Payment Date or day on which [he ,, , i.'.n ,i, p AI'ill pLyHl"TIOY { 1 V SfN'Yl, !1 IVy 5 SSp,n ARTICLE II DESCRIPTION, DETAILS AND FORM OF BONDS SECTION 2.0:. 1996 PROJECT. The City will promptly commence work on the 1996 Project and will prosecute the 1996 Project to completion with due diligence. SECTION 2.02. 1996 BONDS. The 1996 Bonds shall be and are hereby designated "Utility System Revenue Bonds, Series 1996". SECTION 2.03. DESCRIPTION OF BONDS. The Bonds of each Series shall be numbered; shall be in such denominations or maturity amounts; shall be da[ed as of the date of their delivery or such other date prior to the date of their delivery; shall bear interest at not exceeding the maximum rate allowed by law; payable on such dates; shall mature on the first day of such month, in such years, not to exceed forty (40) years from the date thereof, and in such amounts; and shall be issued as Curtent Interest Paying Bonds, Compounding Interest Bonds, Variable Rate Bonds, Serial Bonds, Term Bonds, or any combination thereof; all the foregoing as shall be determined by subsequent resolution of the Commission adopted at or prior to [he time of sale of any such Series of the Bonds, subject of the provisions of Section 5.01(G) and 6.01 hereof. The Bonds of each Series may be issued all at one time or in installments from time to time. Different installments and Series of the Bonds may have such charac[eristics as shall be provided herein and by subsequent resolution of the Commission and shall bear a designation to distinguish such Series or installment from other Series or installments of the Bonds. The Bonds of each Series shall be issued in fully registered form: shall be payable with respect to principal at the office of the Bond Registrar, as Paying Agent, or such other Paying Agent as shall be subsequently determined by the Commission: shall be payable in lawful money of [he United States of America; and shalt bear interest from tlteir date, or from the most recent dale to which interest has been paid, payable, in the case of Curren[ Interest Paying Bonds, by check or draft mailed on each Interest Paymem Date to the Registered Owner at his address as it appears upon the books of the Bond Registrar as of 5:00 P.M. Eastern Time on the Record Date, and in the case of Compounding interest Bonds, at mamrity upon presentation at the office of the Bond Registrar; provided that, for any Registered Owner of one million dollars (51,000.000) or more in principal amount of Bonds, such payment shall, at the written request and expense of such Registered Owner, be made by wire [ransfer to a Banking Institution or by such other medium acceptable to the City and to such Registered Owner. SECTION 2.04. EXECUTION OF BONDS. The Bonds of each Series shalt be executed in the name of the City by the Mayor or Vice-Mayor, and countersigned and attested by the City Clerk or Deputy Clerk and the corporate seal of the City or Commission or facsimile thereof shall be affixed thereto or reproduced [hereon. The signatures of the Mayor or Vice-Mayor and the City Clerk or Deputy Clerk may be manual or facsimile signatures imprinted or reproduced [hereon. _:n ei Ln niiP •I M1i NESOLGTIOY~ IS fel.wr, :: ~Wb S!!pn (C) The City is without adequate, currently available funds [o finance the 1996 Project Costs, and it is necessary and desirable and in the best interests of the Ciry that it borrow the money recessary to fund the Project. The City is authorized pursuant to the provisions of the Act, to borrow moneys necessary to pay the Project Coss. (D) The City currently has outstanding the 1996 Refunded Obligation in the principal amount of approximately $8,100,000. (E) It is necessary and desirable and in [he best interests of the City that [he City provide for [he payment of the 1996 Refunded Obligation by the issuance of the 1996 Bonds and [he payment of a portion of the proceeds thereof with to Barrett Bank of Jacksonville, N.A. for the sole purpose of the payment of all of the outstanding principal of and interest on such Refunded Obligation. (F) It is in the best interest of the health, safety, and welfare of the City and the inhabitants thereof that the Ciry pledge the Pledged Revenues to the repayment of the Bonds, and the Pledged Revenues are not currently pledged attd encumbered in any manner other than to the 1996 Refunded Obligation, the lien of which on the Pledged Revenues will be defeased and released upon the issuance of the Series 1996 Bonds. (G) The Pledged Revenues are estimated to be sufficient to pay all principal of and interest on the Series 1996 Bonds, as the same become due, attd to make all required sinking fund, reserve or other payments required by this Ordinance. SECTION LOS. ORDINANCE CONSTITUTES A CONTRACT. In consideration of the issuance of any Credit Facility or Reserve Account Credit Facility and in consideration of the acceptance of the Bottds authorized to be issued hereunder by those who shall be the Registered Owners of the same from time [o time, this Ordinance shall be deemed [o be and shall constitute a contract between the Ciry and the Credit Facility Issuer and such Registered Owners, and the covenants and agreements herein set forth [o be performed by the City shall be for the equal benefit, protection, and security of the Credit Facility Issuer and the Registered Owners of any artd all such Bonds, all of which shall be of equal rank a~ without preference, priority, or distinction of any of the Bonds over any other thereof, except as expressly provided therein or herein. SECTION 1.06. ORDINANCE CAPTIONS AND HEADINGS. The captions and headings in [his Ordinance are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof. J:+!•iLe~uJ R~euiNAE50llrt10M~ l4 isAan ]I iM SSfp. "1996 Refunding" means [he program for refinancing the 1996 Refunded Obligation through the issuance of the Series 1996 Bonds and the payment of a portion of the proceeds thereof to Barnett Bank of Jacksonville, N.A. "1996 Refunding Costs" meatu but shall not necessarily be limited to: the cost of payment of the principal of, premium, if specified, and interest on the Refunded Obligation; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; interest on the Series 1996 Bonds for a reasonable period of time after the date of delivery thereof; reasonable reserves for the payment of Debt Service; discount upon the sale of the Series 1996 Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility; Issuance Expettses as estimated on Exhibit C attached hereto: and such other expenses as may be necessary or ittcidental to the financing authorized by this Ordinance, to the Refunding, and to the accomplishing thereof; and reimbursement [o the City for any sums expended for the foregoing purposes in anticipation of the issuance of the Series 1996 Bonds. SECTION 1.03. INTERPRETATION. Any reference herein to the City, to the Commission or to any member or officer of either, includes entities or officials succeeding to their respective functions, duties or responsibilities pursuant to or by operation of law or lawfully performing [heir functions. Unless context clearly indicates otherwise, any reference to a section or provision of the Constitution of the Stale or the Act, or [o a section, provision or chapter of the Laws of Florida or the United Stales of America, includes that section, provision or chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no amendment, modification, revision, supplemem or superseding section, provision or chapter shall be applicable solely by reason of this provision, if it constitutes in any way an impairment of (1) [he rights or obligations of the City, its officers and employees, the members of the Commission of the City, the Registrar, the Paying Agent, the Registered Owners, or any Credit Facility Issuer; (2) the Bonds; or (3) any other instrument or document entered into in connection with any of [he foregoing. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after and the term "heretofore" means before the date of this Ordinatce. SECTION 1.04. FINDINGS. It is hereby ascertained, determit-ed, and declared as follows: (A) The City now owns, operates and maintains the System and derives and will continue to derive revenues from rates, fees, atd charges imposed and collected for the services of the System. (B) The City has previously enacted the Bond Ordinance which authorized improvements to the System and the Stotmwater System (collectively, the "1996 Project"). )]IA DTI it ~LJ:• eUTN RF%K LTIOM• 13 Febur. ':.w 55!p": property, real or personal, tangible or intangible, now or hereafter owned or used in connection [herewith. "Tax Compliance Certificate" means, wi[h respect to any Series, the certificate executed by an officer of the City responsible for the issuance of the Series, delivered in connection with the issuance of such Series, relating to compliance by the City with the requirements of the Code applicable to such Series, including any investment instructions attached to such certificate. "Term Bonds" shall mean the Current Interest Payine or Compounding Interest Bonds all of which shalt be stated to mature on one date and which shall be subject to retirement by operation of the applicable Bond Amortization Account in the Sinkine Fund herein established. "Variable Rate Bonds" shall mean Bonds, the interest ra[e on which is subject to adjustmen[ at such times and in such manner as shall be determined by [he Commission prior to the sale thereof. "1996 Bonds" means the Series 1996 Bonds. 1993 Project" means the additions, extensions and improvements to the System previously authorized to be acquired and constructed wi[h the proceeds of [he 1996 Refunded Obligation. "1996 Project" means the acquisition and construction of additions, extensions and improvements to the System and the Stormwater System, as more particularly described in the list on Exhibit B hereto and including the components of the 1993 Projec[ which were no[ funded with proceeds of the 1996 Refunded Obligation; provided that the Commission may (a) add items to or delete items from such list and (b) reallocate sums of money between items on such list. "1996 Project Account" means the account authorized, created and established by the City, pursuant to Section 3.03(A) of this Ordinance for the payment of 1996 Projec[ Coss. "1996 Project Costs" mean the amount required to be expended [o acquire and conswct the 1996 Project. Without limiting the generality of the foregoing, 1996 Projec[ Costs include: [he acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engitteering, accounting, and legal fees and expenses; expenses for plans, specifics[ions and surveys; expenses for estimates of costs attd of revenues: the fees of fiscal agents, financial advisors attd consultants; Administrative Expenses; Issuance Expenses; the cost of establishment of reasonable reserves for the payment of debt service on the 1996 Bonds; discount upon the sale of the 1996 Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to the 1996 Bonds: reba[e payments required to be made to the Department of the Treasury of the United States in connection wi[h the investmen[ of moneys in the Project Fund; such other expetses as may be necessary or incidental to the financing authorized by this Ordinance, to the 1996 Project, and to the placing of the same in operation; and reimbursement to the City for any sums expended for the foregoing purposes. "1996 Refunded Obligation" means the Water and Sewer Revenue Note, dated July 29. 1993, payable to Barnett Bank of Jacksonville, N.A. and to be outstanding a[ [he time of issuance of the 1996 Bonds in the principal amoun[ of approximately 58.100.000. +An ail'„n ,aRM iIr RESpLUTIOMI 12 _va._. ~;;,r fund or bond redemption deposits are required to be made prior to the l2-month period immediately preceding the staled dace of maturi[y of such Serial Bonds. "Series" shall mean series of Bonds. "Series 1996 Bonds" shall mean the Utilities System Revenue Bonds, Series 1996, originally issued pursuant to this Ordinance. "SID" means an information depository designated from time to time by the State. "Sinking Fund" means the fund authorized, created, and established pursuant to the provisions of Section 3 03(A) hereof. "Special Assessments" means all the proceeds derived from special assessments to be levied against the lands and real estate within the City to be specially benefitted by any Project, including interest and penalties on such assessments and any moneys received upon [he sale of tax certificates with respect to such lands and real estate and upon the foreclosure of the liens of such assessments, to [he extent that the City has covenanted to deposit the proceeds received from the levy and collection of such special assessments into the Special Assessmen[ Fund for the payment of any Series; provided, however, that for purposes of the rate covenant set forth in Section 5.01(A) and the test for the issuance of Additional Parity Bonds set forth in Section 5.01(G), Special Assessments shall only include those Special Assessments which are (I) levied on developed property, (2) collec[ed pursuant to the uniform method pursuant to Section 197.3632, Florida Statutes, and (3) in the aggregate, according to [he final assessment roll, are not greater than one-tenth (1/10) of the total assessed value of all property against which such Special Assessments are levied. "Specified Events" has the meaning set forth in Section 5.04(C) hereof. "State" means the State of Florida. "Stotmwater Syscem" means the facilities for the collection and drainage of stormwater now owned, operated and maintained by the City, together with any and all improvements, extensions and additions thereto, hereafter constructed or acquired, together with all lands or interesu therein, including plants, buildings, machinery, franchises, pipes, maim, fixtures, equipment, and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. "Subordinated Bonds" shall mean any obligations issued by the City and payable from the Pledged Revenues subject and subordinate to the rights of the Registered Owners of any Bonds issued pursuant to this Ordinance as to security for payment from such Pledged Revenues and in all other respects, in accordance with the provisiots of this Ordinance. "System" shall mean the combined and consolidated water and sewer system now owtted, operated and maintained by the City, together with any and all improvemenu, extensions and additions thereto, hereafter conswcted or acquired, together with all lands or interests [herein, including plants, buildings, machinery, franchises, pipes, mains, fixtures. equipment, and all Cal •iL:f ~,9 A •l iNAE50LUtiOw a l l le4uv, :: ~. ve 5 51pn "Redemption Date" shall mean, for any Series, the date specified in a resolution of the Commission on which any Bonds are to be redeemed prior to the maturity thereof, whether at the option of the City or by operation of the applicable Bond Amortization Account in the Sinking Fund. "Registered Owtter" or "Owtter" shall mean any Person who shall be the owner of any Outstanding Bond or Bonds as shown on the registration books maintaitted by the Bond Registrar. "Renewal and Replacement Fund Requirement" means an amount, determined as of the beginning of each Fiscal Year, equal to (a) [he lesser of (1) five percent (5~) of the Gross Revenues received by the City in the immediately preceding Fiscal Year; or (2) $500,000, or (b) such other amount as shall be certified in writing by the Consulting Engineers as necessary and desirable to provide immediately available funds [o pay capital costs of the System. "Reserve Account Credit Facility" shall mean a policy of insurance, an irrevocable letter of credit, surety bond or other insurance or financial product which provides for payment of amounts equal to all or a portion of the Reserve Account Requiremem in the event of an insufficiency of moneys in the Sinking Fund to pay principal of and interest on any Series or installment of the Bonds, and which ttteets the criteria set forth in Section 3.03(G) hereof and shall include any agreement between the City and the Credit Facility Issuer with respect to the repayment of amounts advanced under any Reserve Account Credit Facility. "Reserve Account Credit Facility Costs" shall mean the amounts the City is required to pay to [he Credit Facility Issuer as a result of a draw under a Reserve Accoum Credit Facility or otherwise pursuant to such Reserve Account Credit Facility or any related agreement. "Reserve Account Credit Facility Coverage" shall mean the amount then available to be paid to the Paying Agent under the terms of the Reserve Account Credit Facility at any particular time. "Reserve Accoum Requirement" means the lesser of (1) the Maximum I?ebt Service Requirement for the Bonds then Outstanding, or (2) the maximum amount allowed as a reasonably required reserve or replacement fund under Section 148 of the Code. "Reserve Account Value" shall mean the aggregate of the Reserve Accoum Credit Facility Coverage and the value of mereys and Authoriud Investments credited to the Reserve Account. The values of such Authorized Investments are to be calculated as provided in Section 3.03(G) hereof. "Rule" means Rule 15c2-12, as amended from time to time, promulgated by the SEC. "SEC" means the Securities and Exchange Commission. "Serial Bonds" shall mean any Current Interest Paying or Compounding Interest Bonds for the payment of [be principal of which, at the maturity thereof, no fined tttandatory sinking _:e ~tL'."m; i~eUTH pE50LLR1011 ~ 10 F,o-.v. 11. Iws S Sso" Compounded Amounts are payable on Compounding Interest Bonds, as determined by subsequen[ resolution of the Commission adopted at or prior to the issuance of Bonds, and in each case including applicable dates on which Amortization Installments are required to be applied to retire TetTrr Bonds. "Prohibited Payment" shall mean a payment, or an agreement to pay, to a Person other than the Uttited States of America, an amount that is otherwise required [o be paid to the United States of America through a transaction or series of transactions that reduces the amount earned on an investment or deposit or that results in a smaller profit or a larger loss on such investmen[ or deposit than would have resulted in an arm's leng[h [ransaction in which yield on Bonds was not relevant to either party to such investment or deposit. "Project" shall mean the acquisition and construe[ion of improvements and additions to the System and the Stormwater System owned by the City. "Project Certificate" means that certificate of the Indepettdent Consultant filed with the City at or prior to the date of delivery of any Series of Bonds and setting forth the estimated vital cost of the Project to be construc[ed with the proceeds of such Bonds and, if said Series of Bonds is additionally secured by Capital Facilities Charges, the estimated cost of the Expansion Facilities portion of the Project, the Expansion Percentage, and the Capital Facilities Charges Debt Service Component, as appropriate. "Project Costs" shall mean the amount required to be expended to conswct a Project, and shall include, but not necessarily be limited to: the acquisition of any lands or interests therein or any other properties deemed necessary or convenient therefor; engirreering, accounting, and legal fees and expenses; expenses for plans, specifications and surveys; expenses for estimates of costs and of revenues; Administrative Expettses; the capitaliza[ion of interest on the Bonds authorized hereby for a reasonable period of time after the date of issuance and delivery thereof; the establishment of reasonable reserves for the payment of debt service on the Bonds; discoun[ upon the sale of the Bonds; Issuance Expettses; [he cost of purchasing any Credit Facility or Reserve Account Credit Facility with respect to the Bonds; such other expenses as may be necessary or incidental to the financing of the Project and to the placing of [he same in operation; and reimbursement to the City for any sums expended for the foregoing purposes. In cottttection with any particulaz Series of Bonds. Project Costs shall mean those of the foregoing costs which are to be paid or financed by proceeds of such Series. "Project Fund" meatu the fund authorized, created and established by the City, pursuan[ [o this Ordinance for the payment of Project Cosu together with any accounts therein. "Rating Agency" shall mean Fitch Investors Service, L.P. ("Fitch"), Moody's Investors Service, Inc. ("Moody's"), or Standard and Poor's Ratings Services ("S&P") or any thereof and their successors, if any is then maintaining a rating on any Series of Bonds. "Record Date" shall mean, for any Series, the fifteenth day of the month prior to an Interest Payment Dale for such Bonds, or such other date as may be specified by subsequent resolution of [he Commission. I'A6ATUA W]R~AIlTNAESOLPTgN A O TNR'+> -~ ~~ ~ ~~^ Accounting Principles. Operating Expenses include, without limiting the generality of [he foregoing, (i) Administrative Experses, (ii) insurance premiums, (iii) charges for the accumulation of appropriate reserves not annually recurrent bu[ which are such as may reasonably be expected to be incurred in accordance with Accounting Principles, and (iv) the cost of product and services purchased by [he City for resale to cus[omers of the System in lieu of the production of such product and services by the City directly. "Operating Expenses" shall not include any allowance for depreciation, amortization or other similar non-cash experues, except to the extent expressly provided herein. [n determining Operating Expenses, there shall not be taken in[o account: (a) any gain or loss resulting from either the extinguishment or refinancing of any Series of Bonds or other long-term indeb[edness; (b) loss from [he sale, exchange or other disposi[ion of capital assets not made in the ordinary course of business; and (c) any capital expenditures for renewal, replacement, expansion or acquisition of capital assets (including any deposits or reserves therefor). "Ordinance" means collectively, [he Bond Ordinance, this supplemental ordinance, and any ordinance amendatory hereof or supplemental hereto. "Outstanding" shall mean as applied to Bonds, as of any applicable time, all Bonds which have been authenticated and delivered, or which are being delivered, under this Ordinance, except: (1) Bonds cancelled upon surrender, exchange or transfer, or cancelled afrer purchase in the open market or because of payment at or redemption prior to mamrity; (2) Bonds, or portions thereof, which are considered no longer Outstanding pursuant to Section 6.04; (3) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity [hereof for which moneys sufficient to pay the maturity amount or redemption price thereof have been deposited into the appropriate accounts of the Sinking Fund by the City or in lieu of which other Bonds have been issued under Section 2.06 or 2.07 hereof. For purposes of voting, giving directions and granting consents, Bonds held by the City or by an agent of the City shalt not be deemed Outstanding. "Person" or words importing persons shall mean firms, associations, partnerships (including without limitation, general artd limited partnerships), joint ventures, societies, estates, [tests, corporations (including limited liability corporations), public or goverttmental bodies, other legal entities and natural persons. "Pledged Revenues" means (a) the Net Revenues, (b) the Capital Facilities Charges, (c) the moneys on deposit in the Funds and Accourus, (d) the Investment Earnings, and (e) the Special Assessments. "Principal Maturity Date" shall mean, with respect to any series of Bonds, the annual or other periodic date on which (i) principal matures oa the Current Interest Paying Bonds and (ii) ~_ae Ilia np.pMTH PESOLIf)N)N~ O ftl"m, )i '. mp !:)pen performed by such Independent Consultant by the provisions of this Ordinance or by other official action of the City, and shall ittclude, where applicable, the Consulting Engineers. "Interest Payment Date" shall mean, with respect to any Series of Bonds, the semiannual or other periodic dates on which interest is payable on the Curren[ Interest Paying Bonds, as determined by subsequent resolution of the Commission adopted at or prior to the time of issuance of such Bonds. "Investment Earnings" shall mean the interest, dividends, and the net of the capital gains and losses received from the investment, purchase, and sale of Authorized Investments held in the various funds and accounts established pursuant to [his Ordinance. "Issuance Expetses" means the fees and costs paid in connection with the authorization, sale, and issuance of any Series of Bonds. Issuatce Expenses include, but are not necessarily limi[ed [o: (1) the fees and expenses of the Financial Advisor, Bottd Couttsel, Disclosure Counsel, and the Consulting Engineer related to (a) the preparation of the preliminary and 6na! Official Statements; (b) preparation of the Bond Ordinance, this Ordinance, and other ordinances and resolutions supplemental hereto or in comtection herewith: (c) preparation of financing plans; (d) hiring investment bankers: (e) validation of Bonds; and (f) preparation of the Engineer's Report, if any; (2) the cost of obtaining a rating on such Bonds from a Rating Agency; (3) the cost of printing and dis[ributing the Official Statement for such Bonds; (4) the cost of printing and delivery of such Bonds; and (5) the cost of obtaining consents and legal opinions necessary in connection with the delivery of such Bonds. Issuance Expenses do not include (1) amounts deposited into the Reserve Account: (2) the premium for any Credit Facility; (3) discount upon the sale of Bonds: or (4) capitalized interest on Bonds. "Maximum Debt Service Requirement" shall mean, as of any particular date of calculation, the Debt Service Requiremem for the then current or any future Bond Year which is greatest in dollar amount with respect to the particulaz Series of Bonds, or all Bonds, as the case may be. "MSRB" means the Municipal Securities Rulemaking Board. "Net Revenues" means the Gross Revenues remaining after deducting only Operating Expenses. Moneys deposited into the Rate Stabilisation Fuld (as set forth in Section 3.03(C)(8) hereof) shall be excluded from Gross Revenues for the purposes of calculating Net Revenues hereunder for the Fiscal Year in which such transfer into the Ra[e Stabilization Fund occurs. Moneys on deposit in the Rate Stabil'vation Fund may be withdrawn at any time and redeposited into the Revenue Fund, and such moneys shall be included in Gross Revenues for the purpose of calculating Net Revenues for the Fiscal Year in which such redeposit into the Revenue Fund occurs. "NRMSIR" means anationally-recognized municipal securities information repository designated by the SEC for purposes of the Rule. "Operating Expenses" means the currem expenses, paid or accrued, of operation, main[enance and repair of the System and its Facilities determined in accordance with l:~b"T1.6 n9 N nOTN-Pk SOLUTION ~ 7 fira..•, ;! .., S Sp" "Expansion Percentage" means, wi[h respect to any Series of Bonds, the fraction equal to that portion of the total aggregate Deb[ Service Requirements for such Series [ha[ is at[ributable to Expansion Facilities, if any, as shall be determined by the Independen[ Consultant and as set forth in the Project Certificate relating to such Series. Event of Default" has the meaning set forth in Section 5.02 hereof "Facilities" shall mean all of the physical assets of the System, and all parts [hereof, existing at the time of the adop[ion of [his Ordinance, and also any physical assets which may thereafter be added to the System, or any pan thereof, by any additions, replacements, bettetmen[s, extensions, improvements thereto, and property of any kind or nature, real or personal, tangible er intangible, hereafter cons[ructed or acquired in connection with the System. "Federal Securities" shall mean direr[ noncallable obligations of the United States of America or obligations the timely payment when due of [he principal of and interest on which is fully and unconditionally guaranteed by the United States of America. "Financial Advisor" means an investment banking or financial advisory firm which is nationally recognized as being experienced in financial matters related to states and their political subdivisions, as selected by the City. "Fiscal Year" shall mean the period commencing on October I of each year and ending on the succeeding September 30, or such other period as may be prescribed from time to time as the fiscal year for the Ciry. "Funds and Accounts" means the Revenue Fund, the Sinking Fund, (and accounts therein). the Renewal and Replacement Fund, the Rate Stabilization Fund, and the Project Fund all created pursuant to Section 3.03(A) hereof. "Gross Revenues" means all fees, rentals or other charges or other income received by the City in cotnection with the System, or accruing to the City or to any other board or agency of the City in control of the management and operation of the System, all as calculated in accordance with Accounting Principles. Gross Revenues include, without limitation, Investment Earnings on moneys in all funds and accounts herein created or authorized, except the Project Fund and the Rebate Fund, to the extent that Investment Earnings are required to be deposited into the Revenue Fund herein created. Gross Revenues do not include Capital Facilities Charges. Special Assessments, or Investment Earnings on either thereof. "Independent Certified Public Accountants" shall mean such firm of certified public accountants, nat in the regulaz employ of the City, as shall be retained by the City for the purpose of auditing the books and records relating to the Pledged Revenues and performing such other functions as are specified in this Ordinance. "Independent Consultant" shall mean such firm or firms, consisting of or employing, registered professional engineers, architects, rate consultants, or ocher professionals having a favorable reputation for [he design, maintenance and operation of facilities such as the System, not in the regular employ of the City, engaged by the City to perform the tasks set forth to be J:14 AiL iA .1 ~J Y AI'TII YE501.UTIOIi 4 V fNUr, :I IPY !!Jprn (3) the aggregate amoun[ required to pay the Maturity Amounts due on any Compounding Interest Bonds maruring in such Bond Year; provided that for purposes of [his det3nition, the stated manrrity date of any Compounding Interest Term Bonds shall be disregazded and the Amortization Installments applicable to such Compounding Interest Term Bonds in such Bond Year shall be deemed to mature in such Bond Year. In calculating the Debt Service Requirement for any period for any Series of Bonds, the City shall deduct from the amounts calculated in subparagraphs (I) through (3) above: (a) any capitalized interest deposited into the applicable accounts of the Sinking Fund for such period from the proceeds of the sale of such Bonds or otherwise and (b) any Investment Earnings (i) received on moneys on deposit in or transferred to the Sinking Fund and accounts established therein with respect to such Series and (ii) required by the terms of this Ordinance to be retained in such Sinking Fund. Defeasance Obligations" means: (1) Federal Securities; (2) obligations described in Section 103(a) of the Code, provision for the payment of the principal of, premium, if any, and interest on which shall have been made by the irrevocable deposi[ with a Banking Instirution (which is a member of the FDIC and which has a combined capital, surplus and undivided profits of not less than $25,000,000) acting as a trustee or escrow agent for holders of such obligations, of securities described in clause (1) above, the maruring principal of and interest on which, when due and payable, will provide sufficient moneys, without reinvestment, to pay when due the principal of, premium, if any, and interest on such obligations, and which securities described in clause (1) above are not available to satisfy any other claim, including any claim of the trustee or escrow agent or of any person claiming through the trustee or escrow agent or to whom the trustee or escrow agent may be obligated, including in the event of the ituolvency of the trustee or escrow agent or proceedings arising out of such insolvency and which are rated "AAA" by Moody's and "Aaa" by S&P; and (3) Such other obligations as shall be permissible for defeasance of any Series or installment of bonds pursuant to the Credit Facility in effect with respect to such Series or installment. "Disclosure Counsel" means a firm of a[totneys which is nationally recognized as being experienced in matters relating to the public offering and sale of obligations of states and their political subdivisiotu and rite federal and state securities laws applicable thereto, as selected by the Citv. "Expansion Facilities" means additions, extensions and improvements to [he System, together with all lams or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, rights to water, wastewater or reuse water service at-d all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order [o meet the increased demand upon the System, whether actual or anticipated, created by new users connecting to the System. ):~f Ail. if ro)RAOTH RESOLUTNMI• ~ Ft"riyr, :1 IVV 551pn '.~,+, rtl•-'.w„1 -.°1xt+." aril :Gn .:j:lkirlis! .'-.-~ ti(1SL ~_:.:~ W~t1RL .~[:IC::.1::[.~ +t_Lf ,,, -.n:rrv::.;i _=iS __ :. 1'~: .: ~C::lln =. ... .. ~"_:t. 5 2U[,. -3.~:_'-::-": -i*_vr1r1 :I aY ~;~«,e .~mc+••, rrtw~ .:u:n.^,LS~ ^.ai. 'cn. i,^ ^,'e:._" ~ i.• _.~n¢IItL.3 t~^_: ~:!StL'. -.r n'.'.t:,Ttc ":,t?'-l'tt.:k ;r:i::,:a'i :ra :rlY';: 7 '.,-.. _:.'~L_ er,^a--~>_ 3~:_i _h:'~1: ..... W^s -~ ..r> :t :Mt J'-'.t :s .C 'aP.:-:' :~~:" u r^^T~: zt~ _ _: ~C _~ :~ .::L ~::~~ ~:.. r, s ;f .".' 'n; ai :i:u: GC w.. ~.._. ,. ~:=1L4- . .'.',rI':1:,~T.;.J i:t'~~: ~:1L:" .w. -Y'r ~:~i. S ~L'^_`r :"L - ~U ~. 'L1: .. y.;f.TX*. I"r.:.i..5 _ Y_i:. X :s'.'.~ :± _. 3 3a~:_. ._ _.~__ __ - ..' . ='ii_'t~. .-., i' ~.4ii v :Y.t'c :.:,Y "r =. _. ~. L' .J :.L ~.-]~C7~Ci -=y.'~c _ . : r:11:1i: s -.-: ~;:~- .gait :`.t^.:: 1.i.:. .~T->.-v,..,r ~aa:;.~ ,rn1...=~.:iti: ~'~t::~.^~' ;.a'r>r'; :w: ro ':s'-'~;r%6'.:t "~'~.itiC.~.^. Vin: .Y:i: iil~T _'.~C:e~ II TS 12=r^'^•r _I~CIL`~_:~12. f/;~,r ifr, rrli irxr,.: :d ~r:.e:.;:lrr. is -L.lis ~. :e~itaT u IIY 77 -.$ .. =_iC1n. :t :Y imC r:.ltic. 1', }Sf ".-r .n y~S T-71 hx L"C ir1C :ar-- ?\~ I~ i.1t73.:. iS tCCII IicvrciCi :.,. ~:1~1 __TL~tlifIty '.. ,iir rr.lir-' ;hail ne:,ri ss.7 ;r:1ic. :r EuII2C:II3! Aunt rna,r->..-~. ur t~..~:ithe e:re• ;f :+••.,~c ,u .-: v.ru; ;. :rt7G rm1r.>rtr< :r .'.**=Rr•~~ 1iT:u,,,- .v•n~~I n:tltner_ 1t:rv ;'t'1:[.~t )f ~p ;r Srit' 'l.r.Gr: ~.? ';TE :r('GCaI :r. :rn->,mn>. r iII~'. snit mG^::n 111 If lfri ,. ;Sr ,= ~,,1-, r! 1:41P"- :faii .T,Grl ~>G.:.ILS.L7IIL :::rtTL'dIIS+- :dIIK. .r :L'IC= :['~11ll~lt:l'i2 ,:'UCA ::a; J'J, f.h: t f '.:'.r : 3c-.i1r. .n ;:.rr.".'rC YT,. ~ cc,^_S".-_ :C L2V X^C~ ~{ ~'f:~ a ,(.y ~sr'.[.1;ar %/,ql,S rr: it. i I'r: i r,'ar_...L > 3CaS"J jSS3C: :C 1 :Z"S.: .C .~` :1~r'C l-:tiY i +r. 1i 5r'~ .":.5,~1 '/ ~r. .:.v:rarrz „T:'~~, :.`rr' :II ~ 3i2']G4i '7C.Z:Y : FCLYI'C~ w luti ;tLL:'~ j?'f ~ '4rl ,° :rJ~!,rrtt;!e :•~ t K CC^u }L r.;r.:CdII? 1 ~':'.rTff_ i ->rrv :II ~~ti: 3.Y ~: ~.l'1S ' ., , _r.r lr,rcr:u F'a; .:,g Fv, Qs' Tsai! ::ca:. $,.fd5. ~ :17LC.'LQ ~n Vi ~tiII $:.Li t>C ~Se i~iC t,•r,r '/:r'rNl. ku{ulrerreeru' shall mean. for any` Bond Y'Car. at applitd co [he Buads ;'t .n; ~.<ne•, rM ;urn af. r I r the amwm required to pay the interest becoming due on thr l'urrrnt Inrrreor {'aytng Finals dunng such Bond Ytat; r1r the aggregate amount required to pay the principal becoming due on (um•nr hucrnt Paying &lnds for such Bond Year; provided that. for purposes of this ~I,•Irnrulm the slated maturity date of any Current Interest Paying Tetm Bonds shall be lfiatkardcd aral the Amortization Installments applicable to such Current Interest Paying Iran II„rele in each Iinnd Year shall be deemed to mature in such Bortd Year; and frYwYY :I GYM 115^ "Bonds" shall mean the Series 1996 Bonds and any Additional Parity Bonds issued pursuan[ to the tetras and conditions of [he Bond Ordinance. "Budgeted Renewal and Replacement Amount" means the amount specified in the annual budget of the City to be necessary to be deposited into the Renewal and Replacement Fund so that there shall be on deposit in such fund at the beginning of the subsequent Fiscal Year an amount equal to the Renewal and Replacement Fund Requirement. "Business Day" means any day of the year on which banks in the city in which the Paying Agent is located, are not required or authorized by law to remain closed, and on which the Paying Agent and the New York Stock Exchange, Inc. are open for business. "Capital Facilities Charges" means any impact fees or charges which are rela[ed to acquiring, cons[tvc[ing, equipping or expanding capacity and Facilities of the System, including, but not limited to, excess capacity relating to the Facilities of the System not used by then current consumers, if any, existing at the time of the City's original acquisition of all or any portion of the System, and which are levied or collected by the City on or from any governmental body, utility company, real estate developer, or other Person, for the purpose of reserving capacity in the System, connecting to the System, or paying or reimbursing any capital cost relating to such acquisition, construction, expansion or equipping of excess and unused capacity of the System or any expansion thereof, but excluding: (1) amounts received from the sale of water or reuse water; (2) amounts received for the treatment, acceptance or disposal of wastewater; (3) meter installation fees and regular connection charges not described above; and (4) other revenues constituting operating revenues (as any of the foregoing items are more particularly described by the City with respect to the System); in each case to the extent the same are lawfully available for the acquisition and construction of Expansion Facilities and for [he payment of Capital Facilities Charges Debt Service Components. "Capital Facilities Charges Debt Service Component" means, as of any particular date of calculation, for any Series of Bonds, the dollar amount of Capital Facilities Charges determined by (1) multiplying the aggregate Debt Service Requirements for such Series by the applicable Expansion Percentage, and (2) subtracting from the product so obtained all amounts previously transferred from the Capital Facilities Charges Fund to the applicable Sinking Fund, including the Bond Amortvation Accounts therein, pursuant [o the provisions of Section 3.03 hereof. "City" shall mean the City of Atlantic Beach, Florida, a municipal corporation of the State. "Code" shall mean the Internal Revenue Code of 1986, as amended, together with the valid and applicable regulations and proposed and temporary regulations thereunder, and, if applicable, under the Internal Revenue Cade of 1954, as amended, as the same may be in effect or amended from time to time, and any successor provisions thereto. Commission" shall mean the City Commission, as the governing body of the City. ~~:4 eTL:6 ~4JR U:TIIRESOLIITIOY, 1 ieOr•m, :~ M!!!}" "Administrative Expenses" means the expenses of the various depattments of the City properly allocable to [he System or the Project, as the case may be, under Accounting Principles. "Amortization Installmen[" shall mean, with respect to each maturity of Term Bonds, the principal amounts (or Compounded Amounts) of such Term Bonds to be retired in consecutive years by mandatory redemption from the applicable Bond Amortization Account within the Sinking Fund or, in the year in which such Tetm Bonds are slated to ma[ure, through payment at maturity, provided that (i) each such installment shall be deemed to be due on [he Interest Paymen[ Date or Principal Maturity Date of each applicable year as is fixed by resolution or ordinance of the Commission and (ii) the aggregate of such installmen[s for each maturity shall equal the aggregate principal amount (or, if applicable, the Compounded Amounts at maturity) of Tetra Bonds of such maturity delivered on original issuance. "Annual Infotma[ion" has the meaning specified in Section 5.04(B) hereof. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for the investment of funds of the Ciry pursuant to the laws of the State, subjec[ to such restrictions or limitations thereon as may be imposed by ordittance or resolution of the City (including any formal investment policy established by the City) or by the terms of any Credit Facility. "Banking Institution" means a bank or trust company incorporated and doin¢ business under the laws of the United States (including laws relating [o the District of Columbia) or of any State, a substantial part of the business of which consists of receiving deposits and making loans and discounts, or of exercising fiduciary powers similar to [hose permi[[ed to na[ional banks under authority of the Comptroller of the Currency, and which is subject by law to supervision and examination by State or Federa; authority having supervision over banking institutions. "Bond Counsel" shall mean a firm of attorneys which is nationally recognized as being experienced in matters relating to the valedity of, and the stale and federal income tax neatment of interest on, obligations of states and their political subdivisions and whose opinions are generally accepted by purchasers of stub obligations, as selected by the City. "Bond Ordinance" shall mean Ordinance No. 15-95-7, enacted by the City Commission on November 13, 1995, as supplemented by this Ordinance and as further amended and supplemented from time to time. "Bond Registrar" shall tttean the Banking Institution designated by the City to maintain [he registration books required to be maintaired hereutder attd to serve as Paying Agent for purposes of making payments of principal of and inures[ on the Bonds to the Registered Owners; provided that such Banking Institution shall have ttvst powers. "Bond Year" means the period beginning on [he day immedia[ely follow ing each Principal Maturity Dace and ending on the next succeeding Principal Maturity Date or any other annual period designated by the City. ):A •iL<. O+y ACTH Yf50LUTION ~ Z r>.a ~ "M !SSW ORDINANCE NO. 15-96-8 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7 OF THE CITY WHICH AUTHORIZED THE ISSUANCE OF NOT EXCEEDING $24,500,000 UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; PROVIDING FOR CERTAIN DEFINITIONS; PROVIDING FOR CERTAIN FISCAL DETAILS OF SUCH BONDS AND FOR DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO FIX THE REMAINING DETAILS WITHIN CERTAIN PARAMETERS; PROVIDING FOR THE MANNER OF EXECUTION, REGISTRATION, AND EXCHANGE OF SUCH BONDS; PROVIDING FOR THE USE AND APPLICATION OF CERTAIN PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION AND ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: ARTICLE I STATUTORY AUTHORITY, DEFINITIONS, AND FINDINGS SECTION 1.01. AUTHORITY FOR THIS ORDINANCE. This Ordinarce is enacted pursuant to the provisions of Chapter t66, Part II, Florida Statutes, the Bond Ordinance (as herein defined), and other applicable provisiotu of law (the "Act"), and is supplemental to the Bond Ordinance. SECTION 1.02. DEFINITIONS. Capitalized terms used in this Ordinance shall have the following meanings, unless the context clearly requires otherwise. Words importing singular number shall include the plural tntmber in each case and vice versa, and words of one gender shall be deemed [o include the other genders. In this Ordinance: "Act" shall mean Chapter 166, Florida Statutes; the Bond Ordittarce; and other applicable provisions of law. "Accounting Principles" means generally accepted accounting prrciples and practices applicable to governmental entities, including those applicable to govertunentally owned and operated utility systems such as the System. "Additional Parity Bonds" means any obligations hereafter issued pursuant to the terms and conditions of the Ordinatce and payable from the Pledged Revenues on a parity with the 1996 Bonds, originally issued under this Ordinance. ~ ~~;n f~ias~er,y .C 1.a,.rfeosy (5) setting forth the covenants and wnditions which the City is malting to protect the interest of the purchasers of the Bonds (Article l~; and (6) describing the manner of sale of the Bonds, the way in which the Bonds and the Ordinance may be "defeased", and the way in which the Ordinance may be modified (Article VI). I will be present at the Commission mcetings of February 26 and March 11 to answer arty questions that you may have about the Ordinance, the Resolution, or the proceedings and timetable. We will also be furnishing a resolution for the March 11 meeting, supplementing the Ordinance, to provide for remaining details of the Bonds (dated date, maturity dates, Paying Agettt and Bond Registrar) and the speciScs as to Issuance Expenses for the Bonds; this supplemental resolution will delegate to the City Manager the authority within certain parameters to execute a Bond Purchase Agreement with the Underwriters for the sale and purchase of the Bonds; those parameters are idemiSed in Section 6.01 of the Ordinance and will be further spilled out in the supplemental resolution. ~Gw/e..d ~q~ fr~.sme~W??r i(w • 11 ~ J~iw,do t.,,,~~y..,a. ~ 6.,,. ;~,.,,E ria„~,~~,.. 1 T ~.,,~,.~f~.,. ~~uu.fJ. . A./y...... /1,~,t „~„p,.y .f.'.,d~. ~'.~G..d ~7Jtuni~Crc1 at_pLaus C' ire rJn~i,~i xele -rJasz~it •~~ ~9lOG 2.~., ~l~x ~~~~ ~.F.,~,r ~/~. tl ,~ .92 90~ February 21, 1996 TO: MAYOR AND COMMISSIONERS CITY OF ATLANTIC BEACH, FLORIDA RE: UTILITY SYSTEM REVENUE BONDS, SERIES 1996 .%L~... /9L4/ fah=:'1'N6 The City Commission has previously authorized the issuance of Utility System Revemre Bonds, Series 1996, in a principal amount not to exceed 524,500,000, by Ordinance 15-95-7. Baxd on this authorization, the Bonds were validated by judgment of the Circuit Court for Duval Coumy rendered on December 2t, 1995. Subsequent to validation, the Bonds and related documents were submitted to bond insurance companies, and a commitment on very favorable terms was obtaured from MBIA Insurance Corporation on February 15, 1996. The proposed Ordinance 15-96-8 which this memorandum accompanies incorporates the roquiremenu contained in that commitmeru, and the proposed Resolution No. 96-6 authorizes the City Manage to aclmowledge acceptance of the Commitment. Ordinance 15-96-8 supplements 15-95-7 by: (1) defining tams used in connection with the Bonds (Section 1.02); (2) explaining the tams of the Bonds in ger~aal and how the Bonds are exewted, transferred, and redeemed (Article m; (3) identifying the specific sources of revemres pledged to segue paymem of the Bonds and how those revenues will be received and applied (Article ~; (4) explaining how t!r_ proceeds of the Bonds will applied and used (Article T1~; 1~.~ PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this 26th day of February, 1996. Approved as to form, sufficiency and correctness: City Attorney ATTEST: City Clerk J2JF ATLIb UIYR-MBIA~RFS)- I CITY OF ATLANTIC BEACH, FLORIDA Mayor .:i I`HM1 I)Obpn RESOLUTION NO. 96-6 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO ACCEPT A BOND INSURANCE AND RESERVE ACCOUNT SURETY BOND COMMITMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA. SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Chapter 166, Pats II, Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined, and declared as follows: A. The City of Atlantic Beach, Florida (the "City"), contemplates the issuance of utilities system revenue bonds to be designated "Utilities System Revenue Bonds, Series 1996" (the "1996 Bonds") to finance costs of the acquisition and construction of additions, extensions and improvements to its water and sewer system and its stormwater utility system (the "1996 Project"). B. The Financial Advisor has advised the City that it is in the City's best financial interest to purchase a policy of municipal bond insurance and a debt service reserve account surety bond in connection with the issuance of the 1996 Bonds. C. Based upon the commitment from Municipal Bond Investors Assurance Corporation (the "Bond Insurer") dated February 15, 1996, the City expects to receive from Standard & Poors Ratings Services, New York, New York, and Moody's Investors Service. New York. New York, prior to issuance of the 1996 Bonds, bond ratings of "AAA" and "Aaa", respectively. SECTION 3. AUTHORIZATION TO ACCEPT COMMITMENT FOR ISSUANCE OF MUNICIPAL BOND INSURANCE AND DEBT SERVICE RESERVE ACCOUNT SURETY BOND FOR THE 1996 BONDS. The City Manager is hereby authorized [o accept, on behalf of the City, a commitment for the issuance of a policy of municipal bond insurance and a deb[ service reserve account surety bond in cottttection with [he 1996 Bonds. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. :1k {1 Lln uii-P MBI4NLV)I __ „w, ,~,,~~ Lyman Fletcher, Mayor Approved as to form and correctness: Alan C. Jensen, City Attorney Attested: Maureen King, City Clerk RESOLUTION 96-7 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AUTHORIZING A NO INTEREST LOAN TO THE DONNER COMMUNITY DEVELOPMENT CORPORATION TO CONSTRUCT WATER AND SEWER IMPROVEMENTS FOR THE FRANCIS COVE AFFORDABLE HOUSING DEVELOPMENT; PROVIDING FOR A LOAN AMOUNT; PROVIDING FOR A METHOD OF PAYMENT; IDENTIFYING A SOURCE OF FUNDS. WHEREAS, The City Commission of the City of Atlantic Beach recognizes the potential beneftts of the Donner Community Development Corporations Francis Cove Affordable Housing Development, and WHEREAS, The City Commission of the City of Atlantic Beach desires to support the Donner Community Developmen Corporation in this development, and WHEREAS, The Donner Community Development Corporation has applied to the Duval County Housing Finance Authority for funding of the water and sewer improvements necessary to proceed with this development, but cannot be funded wdhin the next several months, thereby delaying the project. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City of Atlantic Beach agrees to loan, at no interest, the Donner Community Development Corporation a sum of $21,544.00 for the funding of the installation of the water and sewer improvements needed to begin the construction of the Francis Cove affordable housing project. Said loan shall be made from reserves of the City of Atlantic Beach General Fund. SECTION 2. The Donner Community Development Corporation agrees to reimburse the City of Atlantic Beach the full amourrt of this loan when funds become available from the Duval County Housing Finance Authority or when the bank loans on the individual houses are acquired. SECTION 3. The City Manager and the City Attorney are hereby authorized to prepare and execute a letter of agreemer-t between the City of Atlantic Beach and the Donner Community Development Corporation containing the above provisions. Adopted by the City Commission of the Cily of Atlantic Beach this 26th day of February, 1996 ~m Donner Community Development Corporation ~,. L~ P. O. Box 626 Atlantic Beach, FL 32233 February 20, 1996 TheCiryCommissioners City OfAtlantic Beach City Hall, 8()D Seminole Road Atlantic Beach, FL 32233 DearCommissioncrs. Weareproceedingwithourelevenaffordable home projector FrancisAvenue knownas Francis Cone. Mc William Morgan has completed the plans for the project and +ve took bids for the sewer and water construction for the develop m ent t++•o months ago. The lo+v bidder, Ray's Plumbing, gaveusabidof$21,544 (seeattachment)toputinthelines. Wehadanticipatedpayingfortheconswc- tionwith S.H.I.P.funds thathavebeen committed to us byThe Duval County HousingFinanceAuthority. Unfortunately, those funds have been slowed and +ve don't antici pate seeing them for some months. In the meantime, ourproject is being held up and the convactor will not hold his bid much longer. WerespectfullyasktheCiq~ofAtlanticBeachtoloanusthefundstodothe+rork. We will repay the City either when we receive the S. H.I.P. funds from the Housing Authority, or as+ve close loans on the indi vidual houses.whichevercomesfirst. Mr. NatKrestulwiththepuvalCountyHousineFinanceAuthori[year confine that fundsaze committed to us. We think that it is in the best interest of the City to see the project completed and hence our request to you to aid us inthisendeavor. WewillbeinattendanceatthecommissionmeetingonFebtvary26thtoanswer any questions you might have regarding our request. ~l Sharette Sintpki DonnerCDC cc: 1im Jarboe, City Manager Donner CDC Board AGENDA ITEM: Loan to Donner Community Development Corp. SUBMITTED BY: George Worley II, Community Development Director DATE: February 21, 1996 BACKGROUND: The Donner Community Development Corporation has received preliminary plat approval from the City Commission for an affordable housing development to be known as Frencis Cove. The DCDC has arranged for bank bans to finance the construction of the eleven homes to be buiR during the project. The infrastructure improvemers were to be financed through the Duval County Housing Finance Authority, however, that funding has been delayed by the recent federal budget problems which have effected some state funding programs. The Francis Cove project cannot proceed without the water and sewer infrastructure improvements. The delay effected from the Housing Finance Authority may adversey effect the bank loan commitments for the construction of the houses. In order to avid this problem the DCDC has requested that the CRy loan it the necessary 521,544.00 for the construction of the infrastructure. The DCDC has agreed to pay back the full amount when the Housing Finance Authority funding becomes available w when the bank financing on the first house occurs. RECOMMENDATION: Staff recommends approval of Resokrtion 96-7. ATTACHMENTS: 1) Resolution 96-7 REVIEWED BY CITY MANAGER: ~- AGENDA ITEM NO. s Y E .~ ~ ~~ ' ! ~ ' ~ ea 8 s g • ~ ~ i~Y~ C . $ s5~a a e 8 e w ~ C a ' ~~ Q e ~ ~' i g3 s I 0 ~'. ~R 8 c a 9 ~ e! i~ 6a s pa - e ~~ -E a~5°~ Ip o - - ~ ~ f a~ 2 i ~D~Sg 9 ~4 g agq ~ ;i ~eE 55 s zq~a~ 8 es iiR tt eei BCp Y-~ 8~ gygy- CZ 3 891 ~~€ ~ ~D. ~7 Y~ 9= 3 '~; 5 s s=s5 s 5 ~'tei cif a a~~~~ 3~s ~ p~~ 5~ ~ a ~~a 3 ; ~s~~e 2 lea ae ¢~¢ tae=a~ e4 ~¢~ fs~ ~~~ ~~£eY~a <e $39 - -! s e •~ ~~ ~ a ~~ fa } a @~ ~ ~ ? J : : Y =~ ~ t ~~ aa § i ~~a 3o g ~ ~c - 5 ~''~g ~9 5 ze' a 2 5~ ~ S _ ~ Y ~e p3 ~ ~ ~: s g is ~ ?e p s 3? ~~~ ~3eaa Ca3 as ~ ~' i f l J ~~j Ca z aE €Se: c ° e , ~~ ~ g~ 2 7~ ~ ~ e a Q ~ a ~ ~a C ' e ~ s ~ ~ 5g e i ~ ~ p~~qc a e s2 ` ~' a f ~~ 3 ~ Ka ~ '~P is 23 a rg P o a ~ gir g ? ~a~:~ S? "8E $ 3a g, s S ? cF: ? ~ £5C€e- 35 ~z 7 S pa ~ i a 3 E r ~ e~ ~~ =3 ~p~ a @@~~ 2a 3x$ J~ e~! 5~ ~ac 3~ ;a ~fi ?ai .R .ae S: :• ~a a E~ ;_. F i 5 i e a e~ ¢ e3 ° ~e ~~ i ^~ ~ a~ g fi~ ~: r@ 3K ~ v i ~~~ ~ ~~€ ~a e i fg 'aC f ~~: ~2 ~'~ Q 3 ., ~~ ~5 ~g ~~ a ~ ; , ~ a 3z a n• ~ ~ e ¢ ~^ aE c2 ~ ' ~ ec € t 5 S~~E L C5 ~a a .~? F k~x K . o 5 c5z a c•a syE ~~ as ~~5 ~€ i~ e -.3 gi :: ~ 5 6 ' ~ . ~a o: :~ ~- a ~~ a.°- ~~ ~~ g6 5 ci E° g~a :e Cca ic€ ~i~ e[Z ~~e ~:a ~ a °.a~ 3 Q : ~ f e i~3~35~d ~~~ ~~a ~i ire,: r~c :~ f a ~t ~ e 5 E5 .$€ : ~- S ~ ~ @ 5 o ~ - 9, § ~e ~ ~ 2 e " _ > Page 2. 2/21/96 AGENDA ITEM: SELECTION OF ENGINEERING FIRM FOR DESIGN AND PERMITTING OF STORMWATER MASTER PLAN IMPROVEMENTS WITH RELATED WATER b SEWER WORK After group review and individual evaluation, a cumulative evaluation was compiled and a final ranking was determined as follows: 1. Connelly b Wicker/J. Lucas b Associates/Ghiotto 2. Post, Buckley, Schuh b Jernigan 3. Smith and Gillespie Engineers 4. England-Thims b Miller 5. Pitman-Hartenstein b Associates 6. Reynolds, Smith b Hills 7. Waitz b Moye 8. Harding Lawson Associates/RMA 9. Berryman b Henigar 10. Prosser, Hallock b Kristoff It was the consensus of the evaluating team that due to the high quality of the proposals and the estimated cost of the project, i.e. over $5 million, that the top five firms be invited to give oral presentations to the City Commission. RECOMMENDATION: After oral presentations by the top five firms, the City Commission should rank the top three firms and authorize contract negotiations, begin with the top firms in accordance with the Consultants' Competitive Negotiation Act. (CCNA). ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM N0. ~~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: SELECTION OF ENGINEERING FIRM FOR DESIGN AND PERMITTING OF STORMWATER MASTER PLAN IMPROVEMENTS WITH RELATED WATER AND SEWER WORK SUBMITTED BY: Robert S. Kosoy/Director of Public Works ,~~L~ DATE: February 21, 1996 BACKGROUND: On Thursday, February 15, 1996, ten engineering firms submitted proposals for Design and Permitting of the Stormwater Master Plan Improvements With Related Water and Sewer Work. The proposals were reviewed on Friday, February 16, 1996 by five staff members: Jim Jarboe/City Manager Robert S. Kosoy/Director of Public Works David Fussell/Assistant Public Works Director Phil Nodine/Streets b Maintenance Division Director Harry E. McNally/Buccaneer Plant Division Director Commissioner John Meserve observed the proceedings as the Commission's liaison on the Capital Improvement Program. The proposals were reviewed against the criteria advertised in the Request for Proposal, i.e.. Staff Competence and Availability - 30$ Past Performance - 20$ References - 20$ Project Approach - 20$ Current Workload - 5$ Financial Information - 5$ (?~ Ex h, h, t ~ - CAPITALIMPROVEMEM PROJECT ST TU REPORT SUBMITTED BY: ~96 ROBERT S K SOY, P.E. DIRECTOR OF PUBLIC WORKS Yl'J ~ 17 ~( fps a/~a19~ ~i~IT,-.. OVEMYXPP)RO7ECT _. .. ATUS,AN!I+EBRL)ARY y''1996~ri.~-_ I. N'cW WELL CONSTRUCTION WATER 1. 11M LUCAS TO DELIVER REVISED TREATMENT PLANT M2 PLANS AND SPECIFICATIONS BY FEBRUARY 9. 1996 ~. WATER & SEWER IMPROVEMENTS 2. GEE ANDIENSON DELIVERED PLANS OAK HARBOR ON FEBRUARY 4, 1996. PERMITS AWAI7MG APPROVP.L BY DEPARTMENT OF ENVIRONMENTAL PROTECTION. 7. WATER METER INSTALLATION qT 3. STAFF WILL COMPUTE CITY FACILITIES MVENTORY OF LOCATIONS IN FEBRUARY, 19% <. CORROSION REDUCTION UNIT FOR 0. WILL BE COMPLETED AS PAAT OF WATER SYSTEM WATER TREATMENT PLANT IMPROVEMENT PROIECf AT ASSISI WHICH BEGAN ON JANUARY 18. 1996 5 \VATER d SEWER I\JPROVEMENTS 5. PERMITS ARE BEING REVIEWED BEACH AVENUE ~ BY THE. DEPARTMENT OF F.NVIRONMENTAI PROTECTIO.`: G \VATER MAIN UPGRADES vgRIOUS 6. THE N'ATER MADJ UPGRADES LOG\TIO\S WITHIN THE STORMWATER B.gSI\S OF PROJECT NO. I? WILL BE DESIGNED AS PART OF PROTECT NO. 12. THE BID OPENING FOR THE OCEA\W;gLK WATER LINE PROTECT WAS HELD ON FEBRU.gRI' I, 1996. SEWER REHABILITATION ATLANTIC 7. THE SEWER REHABILITATION BEACH d BUCCANEER SYSTEMS WORK \\gTHM THE STORMWATER BASMS OF PROTECT NO 12 WILL BE DESIGNED AS PAP.T OF THAT PROJECT. SHERRY DRIVE SEWER LINE WAS SLIP-LINED FROM 6TH ST. TO THE NORTH LAST WEEK. 8 NE\V MASTER LIFT STATION B. THIS PROJECT WILL BE DESIGNED BUCCANEER WASTEWATER PLANT AS PART OF PROJECT NO. 9. 9. FACILITY IMPROVEMENTS 9. REQUEST FOR ENGINEERMG BUCCANEER WASTEWATER PLANT PROPOSALS DUE FEBRUARY?1. 1996. SEVERAL ENGMEERING FIRMS H.gVE MET WITH HARRY' MCNALLY TO DISCUSS PROJECT I0. SULPHUR DIOXIDE 10 COMPLETE INSTRUMENTATION CCONTROL I I. INFLUENT FLOW METER R I1. THIS PROTECT WILL BE CONTROLS INCORPORATED INTO PROJECT NUMBERS I?. STORMW'.gTER MASTER PLAN 12. REQUEST FOR ENGINEERMG CITY-WIDE IMPLEMENTATION PROPOS,\LS DUE ON FEBRI •~ 1996 DIRECTOR OF PUBLIC WORKS HAS M[T WITH SIX FIRMS TO D.gTF Minutes, Page 12 Mayor )Fletcher. ...announced the new Mayport Ferry would be dedicated at 11:00 a. m. on February 20, 1996 ...announced Jaxpride and the City of Jacksonville would hold the fourth annual "Ideas and Actions: A Vision for Jacksonville" on Thursday, Febnrary 29, 1996 at the Prime Osborne Converrtion Center, and encouraged other commissioners and staff to attend. There being no further business the Mayor adjourned the meeting at 11:40 p. m. Lyman T. Fletcher MayodPresiding Officer ATTEST: Maureen King City Clerk NAME OF COMMAS. M S V Y V N Minutes, Page 11 Under discussion it was explained by staffthat non-union employees would not all receive the same percentage of salary increase, and that some employees would be reclassified to accurately reflect their responsibilities. It was explained that a study had been done to compare the salaries of employees in other comparable cities doing similar work. Whereas some Commissioners felt that this was the best way to revise the pay plan, other wmmissioners felt further study should be done to come up with a better plan. Fcllowing further discussion the question was called and the vote resulted in 4-1 with Commissioner Rosenbloom voting nay. The motion carried. F. Report relative to City Manager's Secrctary/Human Resources Director position Jim Jarboe explained in order to address the need of personnel [natters in the city, Donna Bussey was now the Human Resources Director and had been moved to another office. He explained that it might be necessary to acquire temporary help to assist in secretarial duties for the City Manager. ~ Rerwrts and/or requests from Cjly Commissioners. Ciri Attorney and Ci Clerk Jim Jarboe: ...announced an upcoming beach run which would include dogs on leashes ...reported lumber had been delivered for 16th Street dune overwalk and work would start Wednesday ...reported the University of North Florida group would undertake beach cleaning project ...announced monthly meter readings would begin in March ...commended Harry McNally and Bob Kosoy for their innovative idea of using bicycles for meter reading. Commissioner Shaughnessy: ...inquired into the status of the request by a community group for irrigation of the medians on Selva Marina Drive ...indicated there was a problem with pet owners not cleaning up after their animals at the north end of the beach ...reported The Market in the Shoppes ofNorthshore had offered to make boxed dinners for the Atlantic Beach Campout Under the Stars NAME OF COMMAS. M S V Y V N 1 ` i i l 1 • ~ t ! j ~^L~Q~Ha. at ~ \ f %~r K .sr_•, -:s•-~ ~_e~~r„R..- face*.~ .~r~.e~ P-_g~t. ~s i2~.~-r: :arty .`71~. ~ : {f a-x-.r ~s,_ 3CG~.m.L 3 ~" >Q~ ~L - EL'3C'a' II S~ B. ftcp+lft tsnasv; CAieie Jani~plasf pFanaie! fir Agri 1L14.1~G. ~ f fi~rtd Tifrrc P~uct Cam tepcred -ei~:e to t'.:e Co+3e_ar Jam Glarfnx frx Apn4 i 2-14, i ~5 sad ertiairtc the ~Stuts ben'nt taken in the YvF:ix Safer: Department tr• arscr,,~e s^t aces the >mi~ for *iis esmt (_. Repent and recsaaaendatioas refative is aniaanl sntrei ordiaiascc Chief Thrxnpssin reported relative to his reiew of the animal control rxdinance Corruivssioner Rosenbloom volumeered to work With Chief "fhrxnpson to draft an ordirwice to incorporate Chief Thornpson's recrxnrr~enduions a. Report noel related action oa personal vetrieks for police Of fKer7 fYevid Tlwmpson recommended take-home vebides for police officers. He explained the benefits to the wmmunity that would ocau if the progratn was implememed IMESERVE X X Motan: Aut6orae City Manager to proceed to develop ~~ ~ details sad idea for bke home ve6ide in tlfe p~m RDSENBLOOM S~tAUGHNESSY X X X Police Dtpartmeot FLETCHER X Following a brief discussion the question was called and the motion cartied unanimously F. Adoption of Pay Proposal for ooo-unioo gcoeral employees Ueputy Chief John Campbell, Police Department, asked for approval of a new pay plan for non-union employees. MESERVE X X Motion: Approve implementation of pay plan as REED x recommends! by atafi RDSENBLOOM SHAUGHNESSY X X FLETCNER X X Minu[es, Page 9 ~a~. r ~ r ooc E. Report and related action in connection with Department of Environmental Protection Consent Order )im Jarboe explained the city had been given two weeks to report back relative to the DEP Consent Order. Mr. Jarboe indicated he intended to meet with the DEP in an effort to obtain extensions of time. Motion: Authorve City Manager sod City Attorney to enter into Consent Agreement Following a brief discussion the question was called and the motion carried unanimously. F. Approve Change Order No. 2 in Atlantic Beach Wastewater Treatment Plant E:pansion Project io the additive amount of $4,633.85 Bob Kosoy reported that during the course of construction of the Wastewater Treatment Plant Expansion program and since Change Order Number 1 was approved by the Commission on November 27, 1995, five items had been reviewed and authorized as additional work, with one item as a credit. He reported the net amount of the change order items was about to exceed $5,000, the limit of staff approval authority, and thus the items were being brought to the Commission for their information and approval. He indicated the six change order items involved modifications to yard piping and the substitution of ductile iron air piping for stainless steel piping, and the proposed new increase to the contract was $4,633.85. He therefore requested approval of Change Order Number 2. Mahon: Approve Change Order No. 2 in Atlantic Beach wastewater Treatment Plant E>pansion Project in the additive amount of 54,633.85 A discussion ensued concerning substituting ductile iron air piping for stainless steel piping. It was felt by some Commissioners that using stainless steel piping would prove to be superior material, to which Mr. Kosoy indicated he felt ductile iron air piping was better suited for the job. The question was called and the voted resulted in 4-I with Commissioner Shaughnessy voting nay. The motion carried. $~ ~ MansB,r RYports and/or Corresn9ndeoce: A. Status report on capital improvement plan projects NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X MESERVE X X REED X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X Minutes, Page 8 Fd....s 17 100! necessary documents to accept sewer lines in Sevr7la for public maintenance It was explained sewer liens had been televised and were in acceptable condition. Following discussion, the question was called and the motion tamed unanimously. B. Award contract for construction of a water line rnnnection to Oceanwalk pursuant to the speeificationa of Bid No. 9596-7, to Gruhn May, Iuc. at a cost of 536,355.86 It was explained this work would improve fire protection and provide a looped system at the northwest section of the city. Since the lowest bidder did not submit references with the bid, it was recommended that the bid be awarded to the next lowest bidder which was Gruhn May, Inc. for $36,355.86. Motion: Award bid to Gruhn May, Inc. for 536,355.86 Following a brief discussion the question was called and the motion carried UnanImOU31y. C. Discussion and related action on ditch spraying/deaning Jim Jarboe explained staff would like to spray and clean ditches relatively quickly because warm weather would soon be in evidence and this would promote a gowmg season. Motion: Authorize City Manager to go out for bids for additional ditch spraying and cleaning Following a brief discussion the question was called and the motion cartied unanimously. D. Appointment to the Recreation Advisory Board Mayor Fletcher nominated Dezmond Waters to serve on the Recreation Advisory Board. The Conunission approved the nomination of Mr. Waters. NAME OF COMMRS. M S V Y V N MESERVE X X REED X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X MESERVE X REED X X RDSENBLOOM SHAUGHNESSY X X FLETCHER X MESERVE X X REED X RDSENBLOOM X SHAUGHNESSY X X FLETCHER X Minutes, Page 7 cd... ~ ~~i-i~i96 When questioned concerning the rote of the Tree Board, Alan Jensen, City Attorney, explained if an application was filed that was unusual, then the Boazd would become involved and act, but if the apphcation was within the boundaries of the ordinance, the Board would not get involved. He explained the Tree Board operated under the same guidelines as the Community Development Board, and that the Board made the ultimate decision. Mr. Worley explained if an applicant failed to comply to guidelines set forth by the board the violator would appear before the Code Enforcement Board. He added the only time a violator appeared before the Code Enforcement Board was if the violator refused to wmply with the Tree Board's ruling. A discussion ensued regarding whether or not the Board was allowed to spend fiords and it was explained all expenditures of tree replacement funds would have to be approved by the City Commission. The Mayor opened the floor for a public hearing and invited comments from the audience. Jim Lucas explained the Board used as much language of the old ordinance as possible but that the formula was changed so that the new ordinance was clear and precise. Ed Martin, Chairman of the Code Enforcement Board, suggested using language indicating the Code Enforcement Board was governed by provisions contained in Florida State Statute. Following a brief discussion, C,eorge Worley was asked to discuss this matter with Mr. Martin. Following discussion it was agreed that the graphic diagram be attached to the ordinance. The question was called and the vote resulted in 4-1, with Commissioner Reed voting nay. The motion carried. 7 New Business• A. Authorize the Mayor and City Attorney to take actan as needed to accept sewer line in Sevilla for public maintenance Alan Jensen explained Sevilla agreed to grant the easement so that the city would be able to accept the sewer line in Sevilla for public maintenance. Motion: Authorize Mayor and City Ckrk to aTecate NAME OF COMMAS. M S V Y V N Minutes, Page 6 c..~.i~--}94c_ i Mayor Fletcher opened the floor for a public hearing and invited comments from the audience. Jim Jarboe explained passage of the ordinance would bring the city ordinance into compliance with Florida State Statutes. Stuart Hicks, Chairman of the Pension Board, indicated the Board examined the proposed ordinance and made minor changes which did not effect the interpretation of the language. Since no one wished to speak P.rrther the Mayor closed the Public Hearing. Following a brief diswssion the question was called and the :notion carried unanimously. C. Ordinance No. 95-95-64 - Fioal Action AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 23, VEGETATION, ARTICLE H, TREE PROTECTION; DELETING CERTAIN LANGUAGE AND IIVSERTWG ADDITIONAL LANGUAGE; PROVIDUNG FOR SEVERABII.11'Y; PROVIDING FOR AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-64, (Public hearing on ordinance was held on December 1 1, 1995.) The Mayor explained the ordinance was referred to the Tree Committee and had been revised, and that the ordinance was still on its second reading. Motion: Approve pauage of Ordinance No. 95-95-64 on final reading. The Mayor explained he would reopen the public hearing to the public, after the Conunission had its diswssion. Commissioner Meserve explained the changes the Tree Committee made to the ordinance were not substantive. He explained the intent of the Tree Committee was to put enough language in the ordinance so that there would be no interpretation of the ordinance. He explained further that the role cf the Tree Board was not to imerpret, but to make special allowances in special cases, and that the Tree Board would have the power to mitigate some of the rules. NAME OF COMMtiS. M S V Y V N MESERVE X X REED x ROSENBLOOM X X SHAUGHNESSY X FLETCHER X Minutes, Page 5 ¢, Action on Ordinances: A. Ordinance No. 80.96-57 -Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 22, BY CHANGING, SEC. 22-29 TO EXTEND THE WATER DISCONNECTION DATE BY TEN (10) DAYS AND PROVIDE AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 80-96-57, said ordinance having been posted in accordance with Charter requirements. Motion: Approve passage of Ordinance No. 80-96-57 on final reading Mayor Fletcher opened the floor for a public hearing and invited comments from the audience. Since no one wished to speak the Mayor closed the public hearing. No discussion before the vote. The motion carried unanimously. A. Ordinance No. 58-96-21 -Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SEC. 2-279(x) AND (b) ,DISABILITY RETIREMENT, SEC. 2-298(a), MEMBER CONTRIBUTIONS, AND ADDING 2- 298(d), TO BRING ELIGIBLE REFUNDED MEMBER CONTRIBUTIONS WITHIN THE FRAMEWORK OF INTERNAL REVENUE CODE SECTION 401(ax31); ADDING A NEW SECTION 2-299 PROVIDING FOR BENEFIT LIMITATIONS PURSUANT TO IIVTERNAL REVENUE CODE SECTION 415 AND REQUIRED DISTRIBUTIONS PURSUANT TO INTERNAL REVENUE CODE SECTION 401(ax9), AND PROVIDING AN EFFECTIVE DATE. Mayor Fletcher presented in full, in writing, Ordinance No. 58-9ti-21, said ordinance having been posted in accordance with Charter requirements. Motion: Approve passage of Ordinance No. 58-96-21 on Final Reading NAME OF COMMAS. M S V Y V N MESERVE X X REED X ROSENBLOOM X X SHAUGHNESSY X FLETCHER X MESERVE X X REED X ROSENBL00"1 X SHAUGHNESSY X X FLETCHER X Minutes, Page 4 Police Cazs at last year's state contrail price which would result in a substantial saving for the city, and the Commission was asked to authorize the purchase of three (3) new Police Package vehicles, on state contract, from Garber Chevrolet, out of surplus general fund revenue; total funding for the cars and marks not to exceed $17,500 each. Motion: Approve passage of Resolution 96- 4 Following a brief discussion the question was called and the motion carried unanimously. C. Rdolution No. 96-5 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXPRESSING SUPPORT FOR THE ATLANTIC BOULEVARD MEDIAN BEAUTIFICATION PROJECT AND AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER UVTO A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION Mayor Fletcher presented in full in writing Resolution No. 96-5. Motion: Approve passage of Resolution 96-5 Kelly Elmore, representing Greenscape of Jacksonville, explained that Greenscape had applied for a state grant to plant date palms and crepe myrtles and other shrubbery along Atlamic Boulevard. He explained the Department of Transportation would wmribute $144,956, and that Greenscape would provide labor to plant the trees. Water bills were expected to be approximately 535,000 per year. A discussion ensued regarding participation of other municipahties and it was suggested that a joint meeting be held with Neptune Beach, Kelly Elmore, and Jacksonville City Council Representative Dick Brown for the purpose of discussing funding the project. It was explained that if the gram was approved and the project proved to be too costly, the gram could be turned down. The question was called and the motion carried unanimously. At this time Mayor Fletcher called a recess from 9 15 p. m. until 930 p. m. NAME OF COMMAS. M S V Y V N MESERVE X REED X ROSENBLOOM X X SHAUGHNESSY X X FLETCHER X MESERVE X X REED X ROSENBLOOM X SHAUGHNESSY X X FLETCHER I X Minutes, Page 3 o,.t Mayor Fletcher presented in full in writing Resolution No. 96-3. Motion: Approve passage of Resolution No. 96-3 Timmy Johnson, Recreation Director, explained the proposed improvements which would bring Howell Park up to acceptable levels of safety and make it more user friendly. He presented a sketch which illustrated the proposed improvements. Commissioner Shaughnessy inquired regarding the type of mulch to be used and suggested the possibility of using shredded tires which would not deteriorate and would not float. She indicated gram money was available for purchase of this material. It was felt by some Commissioners that, while man-made mulch would be a good use of goof funds, that natural mulch would be more aestically pleasing. Tim Jarboe, City Manager, indicated he would look into the matter of obtaining gam funds and report to the commission at the next meeting. A discussion ensued concerning the type of wood to be used and it was explained in an effort to keep the project under 575,000, Staff had suggested a Bade of lumber that would last from eight to 12 years. It was decided that if it would be feasible to use a higher quality of wood and, at the same, to remain within the constraints of budget, that a higher quality of wood would be used. It was suggested that perhaps the City of Jacksonville would be willing to pave the pathways in conjunction with the paving of Sherry Drive, and the City Manager indicated he would follow up concerning this matter. Mayor Fletcher suggested that when Barge Canal Funds were received, this account would be refunded (funds for this project were from the Barnett Bank loan). The question was called and the motion carried unanimously. B. Resolution No. 96-4 - A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Fletcher presented in full in writing Resolution No. 96-4. It was explained an opportunity was available to purchase three Chevrolet NAME OF COMMRS. M S V Y V N MESERVE X X REED X ROSENBLOOM X X SRAUGHNESSY X FLETCHER X Minutes, Page 2 C. Introduction of new Fire Fighters John Ruley, Fire Chief, introduced new Firefighters, Brad Boley and John Vitale. d. P. Marchioli, indicated he had been asked by his neighbors who resided on Sherry Drive to complain of noise from pumps which were being utilized in connection with the Saltair sewer line improvement project. It was explained the method being used by the city was the least disruptive to residents. Dolly Bass, 1905 Mealy Street, complained of a water problem at her residence. Bob Kosoy, Public Works Director, was asked to meet with Ms. Bass relative to having the property wnnected to the sanitary sewer system. Dan Myer, 400 Tuhp Street, complained of debris in drainage ditches in Section H. Bob Kosoy was asked to investigate the problem. J, Unfinished Business: None 4, Consent A~nda• A. Acknowledge receipt of Public Works Status Report B. Acknowledge receipt of Building Repoli for January 1996 C. Acknowledge receipt of Code Enforcement Activity Report for January 1996 D. Acknowledge receipt of Recreation Facilities Usage Report for January 1996 E. Acknowledge receipt of Firc Department Report for January 1996 F. Approve Change Order No. 1 in Altair Utility Improvements Project Motion: Approve items listed on the Consent Agenda No discussion before the vote. The motion carried unanimously. ~, Action on Resolutions: A. Resolution No. 9tr3 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING STAFF TO PROCEED WITH THE RECOMMENDEC PARK IMPROVEMENTS NAME OF CObIIdItS. M S V Y V N MESERVE X REED X X ROSENBLOON X X SHAUGANESSY X FLETCHER X MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, FEBRUARY 12, 1996 PRESEN"I': Lyman 7'. Fletcher, Mayor John Meserve Tim Reed Steve Rosenbloom Suzanne Shaughnessy im oe, i y ana Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order. The invocation was followed by the pledge to the flag. ~, Auoroval of the minutes of the Re¢ular Meeting of January 22 1996 Motion: Approve minutes of the regular meeting of January 22, 1996 No discussion before the vote. The motion carried unanimously. ~. 13ecoEnition of Visitors: A. Department of Transportation representatives with a report rdstive to Mayport Road/Athtntie Boulevard interchange modifications Roger Sharp, Deputy Director of Engineering, JTA, presented three designs for proposed modifications to Atlantic Boulevard/Mayport Road interchange. He explained three alternative proposals were selected by the JTA as the best of eight alternate proposals. A discussion ensued and questions were answered from the audience. David Thompson, Police Chief, indicated his concern with the existing wncrete median and he was advised that a more heavy duty dividing barrier would be constructed. It was explained public hearings would be closes as of February 13, 1996. B. Joe Welsh, Purvis Gray and Compaay, to present audit report for fiscal year 1994/95 Joe Welsh, Purvis Gray and Company ,presented the audit report for 5scal year 1994/95 and he indicated the City was in excellent financial condition. ME OF COMMRS. M O T I O N S E R %O ' D V O T E D Y E S I V O T E D N O MESERVE I X X REED X ROSENBLOOM X SHAUGHNESSY X X FLETCHER X I Page Two Agenda -February 26, 1996 "D. Presentations by engineering firms proposing to provide professional services for design and permitting of storm water master plan improvements and related water and sewer work as follows: 7:20 PM Connelly & Wicker/l. Lucas & Associates/Ghiotto 7:30 PM England-Thims & Miller/I-high Mathews 7:40 PM Pitman-Hartenstein & Associates 7:50 PM Post, Buckley, Schuh & ]emigan 8:00 PM Smith & Gillespie E. Selection of an engineer to provide professional services for design and permitting of storm water master plan improvements and related water and sewer work 8. City Manager Reports and/or Correspondence: Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If arty person decides to appeal any decision made by the City Commission with respect to arty matter considered at arty meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. "Agenda was amended to reschedule this item (formerly 2B) later io t6e meetiug. .. , CITY OF ATLANTIC BEACH February 26, 1996 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Meeting February 12, 1996 2. Recognition of Visitors: A. Councilman Dick Brown with presentation relative to Donner Park 3. Unfntished Business: A Appointment to the Tree Conservation Board 4. Consent Agenda: A. Acknowledge receipt of Public Works Projects Status Report (Bob Kosoy) Action on Resolutions: A. Adoption of Resolution No. 96-7 authorizing a loan to Donner Community Development Corporation in the amount of $21, 544.00 (lim Jarboe) B. Adoption of Resolution No. 96-6 authorizing the City Manager to accept a bond insurance and reserve account surety bond commitment 6. Action on Ordinances: A. Introduction and first reading of ordinance No. 15-96-8 providing for the issuance of Utilities System Revernre Bond, Series 1996, in an amount not exceeding 524,500,000 B. Introduction and first reading of Ordinance No. 5-96-27 to provide fora 20.year statute of limitations to foreclose Code Enforcement Board Dens (Karl Grunewald) New Business: A. Authorize the Mayor and Clerk to execute Community Development Block Gram (CDBG) agreement with the City of Jacksonville B. Authorize City Manager and/or City Clerk to draft letters encouraging State Legislators to enact legislation which would provide a dedicated funding source for long-term beach preservation and repair C. Approval of Change Orders Nos. 3 and 4 on Atlantic Beach Wastewater Treatment Plant Expansion Plant Project in the additive amounts of S 19,833.77 and 515,651.00 respectively (Bob Kosoy) /99'L