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Agenda Packet 11-22-04 ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING NOVEMBER 22,2004 AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission meeting of November 8, 2004 ' 2. Courtesy of Floor to Visitors ' 3. Unfinished Business from Previous Meetings A. City Manager's Follow-up Report 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ' TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM ' WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Financial Report, Utility Sales Report and Public Safety Report for October(City Manager) ' 5. Committee Reports A. Cultural Arts &Recreation Advisory Committee Report ' 6. Action on Resolutions ' 7. Action on Ordinances A. Ordinance No. 15-04-10 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ' SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS SUPPLEMENTED BY ' ORDINANCE NO. 15-96-8, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING ' THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED ' REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; AMENDING THE ORIGINAL ' 1 I ORDINANCE IN CERTAIN RESPECTS' PROVIDING FOR THE SALE OF THE BONDS AT NEGOTIATED SALE; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS TO THE ' UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business A. Request to authorize Builders Care to perform CDBG funded housing rehabilitation services at 449 Mako Drive pursuant to the City's 2004-2005 FY CDBG contract (City Manager) B. Provisions for discussion related to Bracket Signs within Town Center and the Central Business District (City Manager) C. Report and recommendations for sidewalk construction (City Manager) 9. City Manager ' A. City Manager's Report 10. Reports and/or requests from City Commissioners and City Attorney ' A. Reconsideration of actions on Comprehensive Plan amendment and rezoning related to Johnston Island (Commissioner Beaver) 1 Adjournment ' If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall ' include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a ' request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. ' Every effort is made to indicate*hat action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, ' persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, November 19,2004. 1 ' 2 I I ' MINUTES REGULAR CITY COMMISSION MEETING NOVEMBER 08, 2004 ' CITY HALL, 800 SEMINOLE ROAD ' Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson t Mayor Pro Tern Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Mayor Meserve was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of October 25, 2004 ' Motion: Approve Minutes of the Regular Meeting of October 25, 2004 as presented. ' Moved by Waters, seconded by Simmons Votes: t Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Alan Potter of 374 2"a Street spoke in opposition to Item 7D, the ordinance for refunding of Series 1996 Utility Revenue Bonds. Mr. Potter believed increasing debt to refund the bonds was not a way to save money tfor the citizens of Atlantic Beach. Stephen Kuti of 1132 Linkside Drive expressed concern for the placement ' of signage for the Plaza bicycle path relative to the exits from the Selva Lakes development, which he considered to be dangerous for bicyclists to cross. He also opposed the proposed Johnston Island development (Items ' 7B and 7C). Sharon Scholl of 2049 Selva Marina Drive referenced comments made tduring the September 27, 2004 Commission Meeting and stated she would 1 I November 8. 2004 REGULAR COMMISSION MEETING Page 2 ' not be opposed to some type of development, if she knew the hydrology/geology of the island would support the proposed development. She urged the Commissioners to look at the whole project and reject it if ' they thought the island was not stable enough to support the proposed development. ' Carolyn Wood of 303 6th Street reiterated her opposition to the development expressed during the September 27, 2004 Commission Meeting. She indicated that she had been in contact with David Roach of ' the Florida Inland Navigation District, who informed her that he had contacted the developers to inform them they would not be allowed to put any commercial development in their easements. She urged the ' Commissioners to retain the Conservation land use designation. Steve McGuire of 328 10th Street expressed concern for the direction he ' believed the city was taking relative to enforcement of the parking code and spoke in opposition to "selective" law enforcement on his street. Mr. ' McGuire indicated that he had received a ticket during the night for parking in front of his home opposing traffic, but others had not. He also commented on the following: (1)A ticket received by a Stanton College Prep student for honking his horn, (2) That it was illegal to skateboard in the street in Atlantic Beach, and (3)The potential problems at the skate park if it was unsupervised. ' Chief Thompson responded that parking tickets were being issued for cars parking opposed to traffic at night because there were no reflectors on the ' front of the car and complaints had been received that on-coming traffic could not see the parked cars in the dark. He indicated that the horn honking frightened elderly drivers and the ticket was issued after receiving complaints. J.P. Marchioli of 414 Sherry Drive commented that he never parked the ' wrong way on Sherry Drive and complained of speeders on his street. He suggested that the owners of Johnston Island (Items 7B and 7C) secede from the city and agreed with Mr. Potter concerning the bond refunding (Item 7D), Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report ' There was no follow-up report. Consent Agenda 4. Consent Agenda ' A. Acknowledge receipt of Public Safety Department Monthly Report for September, Report of New Occupational Licenses I November 8. 2004 REGULAR COMMISSION MEETING Page 3 issued in October and Public Works and Utility Departments Monthly Report for October (City Manager) B. Award Lawn Maintenance of City Parks to Cuyler's Lawn ' Service in the amount of$60,528 (City Manager) C. Authorize the City Manager to sign a Joint Use Agreement with the City of Jacksonville allocating $35,000 for the Skate Park (City Manager) D. Approve the list of items to be declared surplus (City Manager) E. Authorize the Mayor to sign the application and subsequent ' paperwork relative to the Local Law Enforcement Block Grant (City Manager) F. Approve the annual increase of$4,467 to the contract of First Vehicle Services for one year, from 12/1/04 through 11/30/05 (City Manager) Motion: Approve Consent Agenda Items A through F as presented. There was no discussion. Moved by Simmons, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED Committee Reports 5. Committee Reports ' There were no Committee Reports. ' Action on Resolutions 6. Action on Resolutions There was no action on Resolutions. ' Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-68 Public Hearing and Final Reading ' ORDINANCE NO. 20-04-68 AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 The Mayor read the ordinance by title only. 1 Motion:Approve Ordinance No. 20-04-68 on final reading. Mayor Meserve explained that the ordinance would make year-end adjustments to the accounts listed. I November 8. 2004 REGULAR COMMISSION MEETING Page 4 Mayor Meserve opened the floor for a public hearing. No one spoke and he closed the public hearing. There was no discussion. Moved by Waters, seconded by Parsons ' Votes: Aye: 5 —Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED B. Ordinance No. 31-04-03 Public Hearing and Final Reading ' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, ' SAID ORDINANCE NUMBER 31-04-03,WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP ' (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, LOW DENSITY AND COMMERCIREATD ALCA ' DEVELOPMENTAL EA CL ETOA OK ASL SJOHNLESTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; ' SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE ' The Mayor read the ordinance by title only. Motion:Approve Ordinance No. 31-04-03 on Final reading. ' Mayor Meserve opened the floor for a public hearing. Michael Sheklin of 1985 Brista De Mar Circle believed the property lacked the acreage for an upscale development and parking. He also expressed concern for ingress and egress, which he believed would cause future problems. Mr. Sheklin believed it would be dangerous to allow a marina at that location due to the swift current near the bridge. He urged the ' Commission to keep the Conservation zoning and oppose the development. Former Mayor Lyman Fletcher of 809 East Coast Drive spoke in ' opposition to the Johnston development. He stated that he was opposed to mixing commercial with residential uses and urged the Commissioners to consider denying the developers the option of building commercial. He believed approval of the project would set a precedent for the future development of the Dagley property. He requested that if the project was I November 8, 2004 REGULAR COMMISSION MEETING Pale 5 ' approved in some form, that the rights granted to the developer run with the developer and not the land. Former Mayor Fletcher also requested that the Commissioners give deference to the recommendation of the Community ' Development Board at two different meetings to deny the request and warned them of the potential for hidden costs associated with the development. Mary Billotti of 469 Pablo Point Drive,Jacksonville and Patricia Hairston of 13560 Picarsa Drive, Jacksonville, spoke in opposition to the ' development. A written copy of Ms. Billotti's objections is attached and made part of this official record as Attachment A. ' No one else spoke and the Mayor closed the public hearing. Ron Zajack, a managing partner of Bridge Tenders, Inc., introduced Laura ' Johnston Perkins, Carl Smith, and Bill Holland, Ms. Perkins' lawyer from Valdosta, Georgia. Mr. Holland provided background information concerning her family's ownership of the island and the purchase of the property by Bridge Tenders, Inc. It was pointed out that Ms. Perkins was a partner in Bridge Tenders, Inc. and supported the development of the island. Mayor Meserve reopened the public hearing. Valerie Britt of 71 San Pablo Road North,Jacksonville, distributed a ' handout citing the Pablo Point Civic Association's objections to the proposed development. A copy of the handout is attached and made part of this official record as Attachment B. Ms. Britt summarized the objections. tMayor Meserve closed the public hearing and explained that the proposed development project of Johnston Island would be considered in two parts: the changing of the land use designation on the Future Land Use Map related to a small scale development activity from Conservation to Residential, low density and a contiguous .5-acre parcel from Conservation to Commercial; and the rezoning of the land from Conservation to Planned Unit Development (PUD). The Ma'or stated that comments had been made insinuating that if the Commission took a positive action on the requests, it would be committing ' an illegal act. He requested an opinion from the City Attorney. City Attorney Jensen advised that all action proposed to the City ' Commission was legal. Commissioner Waters inquired if the commercial rezoning was eliminated ' from the project would they be able to do everything they want under the low-density residential designation. November 8, 2004 REGULAR COMMISSION MEETING Page 6 Mr. Zajack responded that nine months ago, Bridge Tenders applied for a mixed use PUD to designate a commercial designation, which under the PUD classification, they would establish the use and one year from now ' they could not put something else, like a McDonalds on the site. He believed the Commissioners would have to put some reliance in the city's PUD process. He indicated that too much time had gone by to change the request and preferred to proceed with the current request. Commissioner Waters rephrased the question and asked if what they wanted ' to accomplish could be done if the entire parcel was rezoned low-density residential, or did they have an inherent investment in the commercial as opposed to the residential. Mr. Zajack responded that the mixed use PUD ' allowed the exact same thing as residential with ancillaries and they had not taken the time to look at the other designation. ' Mayor Meserve referenced a statement included in the application which indicated that Bridge Tenders agreed or intended to agree that any dining facilities, marina, lodge or club would be restricted to use by members and their guests only and would not be open to the general public. The Mayor inquired as to this statement and Mr. Zajack responded that nine months ago, it was agreed to make it a private facility, which means that only club 1 members could use the facility. The Mayor inquired as to what would be considered a commercial facility, if it were only for members. Mr. Zajack stated that it was termed a private club, not a commercial facility. The Mayor inquired if only the people who lived there and their guests would be able to use the facilities constructed on the land. Mr. Zajack responded the ' residents; their guests and club members would be able to use the facilities. Mayor Meserve summarized the revisions to the project since the initial tsubmission. Commissioner Waters inquired as a worse case scenario, if the development ' was totally destroyed by an act of God, what could be redeveloped on the site relative to the Commercial designation. Community Development • Director Doerr stated that the Commercial designation would remain and would be subject to the same federal, state and local redevelopment standards as the rest of the city. Commissioner Parsons inquired as to what would be allowed under Conservation zoning. Ms. Doerr responded that there were no permitted uses under Conservation, but they could apply for a use-by-exception. ' Ms. Doerr explained the use-by-exception process. ' Commissioner Beaver inquired if the other amenities (the lodge and restaurant for guest use only) would be allowed if the property were I I November 8, 2004 REGULAR COMMISSION MEETING Page 7 changed to residential, low-density. Ms. Doerr responded that the question was posed if these could be considered accessory uses to the residential use, and indicated that if it was not clear that it was prohibited in the zoning regulations under the 1990 Comprehensive Plan, there could be some interpretation involved, which she understood concerned several Commissioners. Commissioner Beaver expressed concern that if ' something down the road happened to require redevelopment, and if a scaled down commercial aspect was allowed and the map amended now; the future redevelopment might focus on a dramatically different type of commercial. Community Development Director Doerr indicated that approval of the amendment to the Future Land Use Map authorized no development or issuance of any permits. It was pointed out that the PUD and subsequent ' development plans would have to be approved by the Commission. After that, the construction, engineering and drainage plans must be approved at the local level and by all the other permitting agencies prior to the issuance of any permits by the city authorizing construction in accordance with the PUD. Discussion ensued. Ms. Doerr emphasized that the PUD would bind the commercial aspect of the property, unless the PUD expired, which would require a new PUD. It was pointed out that any future commercial ' redevelopment would come back to the Commission and be reviewed under the land development regulations and Comprehensive Plan in effect at that time. Commissioner Beaver confirmed that the only commercial development would be what was allowed under the PUD, and the only way the commercial development could increase in scope, size or shape, would be that a future Commission approved the change. There being no further discussion, Mayor Meserve called for a roll call vote. Moved by Beaver, seconded by Simmons Votes: _ Aye: 3 —Beaver, Simmons,Meserve ' Nay: 2 —Parsons,Waters MOTION CARRIED BY A THREE TO TWO ROLL CALL VOTE C. Ordinance No. 52-04-02 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ' COUNTY OF DUVAL, STATE OF FLORIDA,ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS I November 8. 2004 REGULAR COMMISSION MEETING Pa"e 8 ' DESCRIBED HEREINAFTER FROM CONSERVATION (CON)TO PLANNED UNIT DEVELOPMENT (PUD), TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING ' FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE ' The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 52-04-02 on final reading. Mayor Meserve opened the floor for a public hearing. Carolyn Woods of 303 6th Street stated she opposed the PUD and believed ' the previous ordinance should never have been passed. Lyman Fletcher of 804 East Coast Drive spoke in opposition to the PUD and warned the Commissioners of unintended consequences relative to the approval of the commercial aspect of the development. Tom Goelz of 631 Beach Avenue questioned the PUD procedure and stated he was not comforted by the idea that the Commercial aspect of the PIJD could not become anything else without a public hearing and Commission approval. He believed the Commission could not really control what could be developed on Johnston Island five or ten years down the road. ' - Alan W. Potter of 374 2n Street spoke in opposition to allowing a"private club" as part of the development. ' Michael Sheklin of 1985 Brista De Mar Circle urged the Commissioners to proceed cautiously and preserve public access to the water and character of Atlantic Beach as a coastal wetlands community. Catherine Kane of 1969 Brista De Mar Circle expressed concern for traffic problems that could be caused by the development. ' Valerie Britt of 378 Tilefish Court,Jacksonville, spoke in opposition to the project and stated by approving the previous ordinance, the Commission ' had done the wrong thing for the community. She reiterated her position that the proposed project was inconsistent with the Comprehensive Plan and did not comply with state statutes and the Land Management Act. She also ' disputed the statements made by Community Development Director Doerr. No one else spoke and the Mayor closed the public hearing. I Ron Zajack indicated that for the record, he wanted it known that neither Ron Zajack nor anyone in his organization made a contribution to any of the I November 8, 2004 REGULAR COMMISSION MEETING Page 9 Commissioners or the Mayor or any elected official in the community. Concerning Mr. Sheklin's comments, Mr. Zajack stated that the development going on across the intracoastal had only built one-third of the units, and it would look different than expected when built out. Mr. Zajack indicated that early on, the Commission was informed that they, the developers, would provide water and sewer for the project, built to the city's specifications. He indicated that at the city's request, the development would be a private development, owned by the association to be formed under the laws of the State of Florida. He pointed out that under the current ordinance, the PUD allowed mixed uses. ' Tony Robbins of Prosser and Hallock stated he agreed with the revisions to the project, as listed on Pages 2 & 3 of Ms. Doerr's staff report, and indicated he would be happy to answer questions concerning those changes. Mr. Robbins addressed Commissioner Simmons'concern relative to the ' shared parking. Mr. Robbins explained that under the PUD process, in the existing land development regulations, by exception, Section 24-162 allowed ' for off-street parking lots in all nonresidential districts, which must meet the listed requirements. To address comments relative to traffic concerns, Mr. Robbins indicated that the developer's and the independent analysis from the Regional Planning Council both indicated there would be no significant impact on traffic from thirty-six units, and the property was being developed at twenty-one units. Mr. Robbins pointed out that this was a redevelopment project, and was not like the one across the intracoastal. He further indicated that for forty years the land was used as a mixed use, and it was not coming in to take out Dutton Island, but to clean up and present a positive project ' developed within the confines of the Comprehensive Plan. He pointed out that the PUD was a binding document to ensure a level of comfort for the Commissioners. He indicated that engineering and detailed plans for the ' development would come back to the Commission for approval, and in addition to meeting the city's requirement, permitting procedures would also be required by the FDOT, the FDEP, the ACOE, and the SJRWMD. Commissioner Waters inquired concerning hidden costs, and asked what would be done to keep the island from eroding away. Mr. Robbins indicated there was a stabilization plan for the existing shoreline, which would prevent further degradation of the land. He indicated that a detailed plan would be sent to the regulatory agencies for approval and would involve rip/rap for ' stabilization. Commissioner Waters inquired concerning the type of building materials that would be used. Mr. Zajack indicated that the project had not been redesigned and was to be concrete on pilings. ' Commissioner Waters hoped there would be no South Beach stucco type 1 I November 8. 2004 REGULAR COMMISSION MEETING Page 10 development. Commissioner Waters suggested that Mr. Zajack take a walk on the beach and note the architecture to keep within the character of the city. Commissioner Waters expressed concern that the bed and breakfast/lodge could turn into a hotel and inquired as to how the lodge would be utilized. ' Mr. Zajack responded that the lodge was for the residents and their guests and would probably be built as suites found in a motel. He indicated that two bedroom units would be in violation of the spirit of the PUD. He further ' indicated that ten to twelve lodge units would be built above the club. Commissioner Waters inquired if the PUD could run with the applicant and not with the land. City Attorney Jensen advised that the PUD was a classification of property and this was a zoning change and must go with the land, not with the developer. He further indicated that the mixed use PUD ' controlled the usage. Community Development Director Doerr reported that, if the project does not develop in accordance with the terms of the ' PUD, it could expire. An expired PUD cannot be developed without renewing and re-establishing the rights within the PUD. Mayor Meserve recapped that the Commission understood the maximum number of units would be twenty-one with the height of 35-feet, and some type of commercial development at 6,000 square feet opened only to members and guests, not open to the general public. Mayor Meserve inquired concerning the developer's vision for the lodge, club and restaurant. ' Mr. Zajack responded that it was envisioned that there would be a marina with a clubhouse and if they are guests or members who park their boat there, they could stay at the lodge. He indicated that he never envisioned ' the general public would come in to stay at the lodge or eat at the restaurant. He indicated that to use the facilities, the person must be a member or guest of a resident. ' The Mayor stated that as the process moved forward a final design would be brought to the Commission, and inquired as to when the Commission could ' set the limitations on the project, mutually acceptable to the Commissioners. Community Development Director Doerr suggested at the time the detailed development plans came back before the Commission,before any permits are issued, you could ask the applicants if they would consider bringing a design representation of the project. She indicated at that time, the ' developers may be far enough along to have some idea of what the -architectural types would look like. She noted that the Commission had rights to impose certain restrictions that they could not in a regular residential district, however, at this time the city does not dictate architectural design anywhere else in the city other than what is done in the I I November 8, 2004 REGULAR COMMISSION MEETING Page 11 commercial corridor standards. She indicated that in the future, the city may do that and at the time of permitting, if it is not set forth in the PUD, what ever was in the land development regulations would prevail. It was pointed out that if the PUD was approved, the Commissioners would still have a another chance to review the project when the detailed ' development plan is presented to the Commission for approval. Discussion of the commercial aspect ensued. Ms. Doerr read the following, which the applicant has agreed to have added into Section Three of the PUD: "Further, use of the marina lodge and club, including any restaurant or dining facilities, shall be restricted to use by 1 members and their guests only and shall not be open to the general public. It is the express intent that the marina lodge and club remain as a private country club type facility for use only by bonafide members and their guests • ' with no general commercial business activity permitted and any conversion to such commercial uses is prohibited". 1 Commissioner Beaver expressed uncertainty concerning the sale of club memberships and believed this type of activity would not fit in with the character of Atlantic Beach. He also believed he did not have enough ' information concerning the size and configuration of the lodge and the number of memberships. Mr Zajack indicated that he could not give specifics at this time because they were not known. He indicted that they would meet all the city's requirements, including parking for the lodge. ' Commissioner Simmons agreed that parking could be a concern relative to the number of memberships sold. She inquired concerning the maximum capacity for the restaurant and was told that the Fire Code determined the ' number of patrons who could occupy the restaurant at one time. As an example, it was pointed out that all of the members could not occupy the restaurant at one time and the size of the project also set limitations on the 1 restaurant and lodge use. She expressed concern for noise and was informed the city had a noise ordinance to set limits on outside entertainment. Commissioner Simmons indicated that she would like to find a balance ' between property and community rights. She believed the island would not make a good park because of the cost, location, needed maintenance to keep it from eroding, and the swift currents in the intracoastal waterway at that ' location. Commissioner Simmons recapped all of the revisions to the project and commented on the positive changes, including the deep-water marina, which would allow residents a place to park their boats. iCommissioner Simmons reminded the Commissioners that they would see a final development plan and believed money would not be spent if it was not ' going to be a quality project. She pointed out that the developers were willing to evolve with the Commission's requests and believed the I I November 8. 2004 REGULAR COMMISSION MEETING Page 12 Commissioners needed to have some faith that it would be a good development for the city. The Mayor believed the marina/lodge should be defined, and believed, from his past experience that the FDOT would not allow a traffic light at the base of the bridge. He inquired if no traffic light could be included in the PUD. 1 City Attorney Jensen believed language could be added to the PUD indicating that the developer would agree not to request a traffic light in the future. ' Discussion of controlling architectural style ensued and Community Development Director Doerr indicated that appropriate language could be included in the PUD. ' Community Development Director Doerr clarified that the motion included the statement she read into the record and language that the developer would agree not to request a traffic light in the future. ' Amendment to the motion: Amend ordinance to include statement read by Community Development Director Doerr concerning the use of the marina, lodge and club; and to include language indicating that the developer would agree not to request a traffic light in the future. ' Moved by Beaver, seconded by Parsons Votes: Aye: 5—Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 AMENDMENT TO THE MOTION CARRIED The Mayor called for a roll call vote. Moved by Beaver, seconded by Parsons Votes: Aye: 2—Simmons, Meserve Nay: 3—Beaver,Parsons, Meserve ' MOTION-FAILED BY A TWO TO THREE ROLL CALL VOTE The Mayor called a ten-minute recess and the meeting was reconvened at 10:00 p.m D. Ordinance No. 15-04-10 Introduction and First Reading 1 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995,AS SUPPLEMENTED BY ORDINANCE NO. 15-96-9, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING I November 8. 2004 REGULAR COMMISSION MEETING Pape 13 UTILITIES SYSTEM REVENUE BONDS,SERIES 1996; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING ' BONDS,SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S ' OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF,AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH,THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING FOR THE SALE OF THE BONDS AT NEGOTIATED SALE; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINLIING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN;AND PROVIDING AN EFFECTIVE DATE. ' The Mayor read the ordinance by title only. Motion:Approve Ordinance No. 15-04-10 on first reading. Finance Director Van Liere explained the bond refunding procedure and ' indicated the city would save $1M. Discussion ensued concerning the procedure for selling the bonds. 1 The public hearing for the ordinance will be held November 22, 2004. ' Moved by Parsons, seconded by Beaver Votes: Aye: 5—Beaver, Parsons, Simmons,Waters, Meserve 1 Nay: 0.. - MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Tom McMenemy's appeal of the Tree Conservation Board's decision (City Manager) 1 Mayor Meserve indicated that Mr. McMenemy of 1845 Hickory Lane was appealing a finding of the Tree Conservation Board and this appeal was to ' be considered a quasi-judicial hearing by the Commission. He requested that the City Attorney explain how the hearing should be conducted. 1 I November 8, 2004 REGULAR COMMISSION MEETING Page 14 City Attorney Jensen advised that Mr. McMenemy should receive due process under the city's code of ordinances and a decision should be based on substantial evidence presented. He also advised that it should be ' disclosed if any Commissioner discussed this matter with anyone prior to the hearing. ' Commissioner Beaver disclosed that he had personally spoken with Mr. McMenemy. ' Building Official Ford provided background information and indicated that Mr. McMenemy removed a twenty-four inch diameter oak tree from the right-of-way adjacent to his home without a permit. Mr. McMenemy was referred to the Tree Conservation Board who assessed mitigation for the tree at $117 per inch for a total mitigation of$2,808. A tree survey taken before the Selva Marina street resurfacing project was displayed showing the location of the tree. Mr. McMenemy stated that he was still not sure that the tree, which was removed,was on city right-of-way. He indicated that when the streets were private, his property line went into the street, and when the city took over - maintenance of the streets, he believed that his lot line now went to the edge of the street. ' Commissioner Waters inquired as to why he wanted the tree removed. Mr. McMenemy responded that it was spongy and he feared it would fall on his neighbor's house. ' Mayor Meserve inquired if the residents of Selva Marina were given maps showing the rights-of-way after the project was completed. City Manager ' Hanson responded that they were not given maps. Discussion ensued. The Mayor felt Mr. McMenemy should be given the benefit of the doubt concerning the right-of-way line, and inquired as to how the mitigation fee was determined. Mr. Ford explained the assessment. Commissioner Waters believed Mr. McMenemy should replace the tree on the right-of-way with a smaller, healthy tree. ' Commissioner Parsons believed mitigation should not be waived. Motion: Deny the request of Mr. McMenemy to waive the Tree 1 Conservation Board mitigation assessment of$2,808 for property located at 1845 Hickory Lane. 1 Discussion of the right-of-way line ensued. Mayor Meserve acknowledged that some confusion regarding right-of-way ownership could exist. t I November 8. 2004 REGULAR COMMISSION MEETING Page 15 ' Commissioner Beaver agreed that this could be a"gray area" and requested that letters be sent to the homeowners in the area regarding tree removal on city rights-of-way. Instead of paying the mitigation, Commissioner Beaver ' suggested that Mr. McMenemy plant back two six-inch live oak trees on his property. Moved by Parsons, seconded by Simmons Votes: Aye: 2—Parsons, Waters ' Nay: 3—Beaver, Simmons, Meserve MOTION TO DENY THE REQUEST FAILED ' Discussion of the size of the trees to be planted ensued. It was the consensus of the Commission that Mr. McMenemy purchase two four-inch live oak trees to be planted on his property. Mr. McMenemy agreed that he would purchase two replacement trees as stipulated. ' Motion: Waive the Tree Board mitigation assessment of$2,808 and substitute the mitigation assessment with the planting of two four-inch live oak trees at 1845 Hickory Lane. One of the trees will be planted on the right-of-way at a location approved Iw the city. The trees will be planted within sixty days and must survive for one year after planting. Moved by Simmons,seconded by Beaver Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve ' Nay: 0 - MOTION CARRIED ' Mayor Meserve requested that an article concerning maintaining and removal of trees on city rights-of-way be placed in the December Tideviews newsletter. 1 B. Request from Beaches Habitat for a Waiver from the Subdivision Regulations to allow development of individual lots to begin prior to final completion and acceptance of street, drainage and utility improvements (City Manager) Motion: Approve request from Beaches Habitat for a waiver from the ' visiRallow lopma ibin priorSubdito final completion and acceptancedevefent streetof, drainagendividual and lots utility improvements. ' Ralph Marcello, Executive Director of Beaches Habitat, introduced Charles Kennedy, Engineer for the Cornell Two/Scheidel Court project, and I November 8. 2004 REGULAR COMMISSION MEETING Pape 16 1 explained the request. Mr. Marcello indicated that Beaches Habitat would have most of the infrastructure work completed by January, but wanted to ensure they could make best use of several volunteer organizations prior to receiving a certificate of completion for the project. Mr. Marcello indicated that Beaches habitat would provide a performance bond to guarantee completion of the project. ' Discussion ensued and it was the consensus of the Commissioners to waive the performance bond. The Commissioner praised the work of Beaches ' Habitat for providing affordable housing to the residents of Atlantic Beach. Moved by Beaver, seconded by Parsons Votes: Aye: 5 - Beaver, Parsons,Simmons, Waters, Meserve ' Nay: 0 MOTION CARRIED ' C. Presentation of the redesign for the five points intersection (City Manager) ' Public Works Director Carper presented a conceptual drawing of proposed improvements to the five points intersection as designed by HDR Engineering, Inc. A copy of the visual presentation is attached and made ' part of this official record as Attachment C. Mr. Carper explained that the city would have to purchase right-of-way on the corner of Sherry Drive to make the turn lane from Seminole to Sherry Drive. He indicated that he had discussed the purchase with the property owner, but no formal action had been taken. He indicated that the property owner seemed receptive to the purchase, but his wife expressed concern for moving traffic closer to their ' home. It was explained that the new configuration would bring traffic five feet closer to their home, but it would be safer with the installation of a stop sign on the turn lane corner. ' Discussion of traffic flow through the intersection ensued. Commissioner Waters pointed out a problem he encountered with traffic stopping on Seminole_when someone was waiting to get into their driveway. Mayor Meserve inquired if a dedicated right turn lane could be installed on Seminole for traffic turning onto Plaza. Mr. Carper stated he did not know if there was enough right-of-way to install the lane and pointed out it would interfere with the sidewalks. He indicated he would check on the right-of- way,but felt the additional lane might cause more confusion. 1 Mayor Meserve commented that this project was part of the city's Strategic Plan and indicated that in the past, the city had not spent a lot of time or ' money on aesthetics. He believed this was the City Hall/Center of the city and this type of improvement would make a nice, focal point for the city, I November 8. 2004 REGULAR COMMISSION MEETING Pape 17 which will eventually tie in with the new bicycle lane. The Mayor indicated that funds for the improvements could come from funds designated for Mayport Road improvements, which will not happen this year. He ' recommended that the five points intersection improvements be completed in one phase this year. ' Public Works Carper inquired if the mailbox should be moved to the next median opening on Plaza. The Commissioners concurred that it should be moved to that location. Commissioner Parson pointed out that the location marker needed to be relocated from the spot designated for art. Commissioner Beaver inquired concerning the cost to purchase the right-of- way and Mr. Carper indicated that it would be approximately$3,000 based on the property appraiser's value for the land. ' Motion: Accept the five points intersection improvements as part of the City of Atlantic Beach Strategic Plan and proceed with the project in one phase, with funding for the improvements coming from funds designated for the Mayport Road Project. Moved by Waters, seconded by Simmons Votes: Aye: 5- Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED ' City Manager 9. City Manager A. City Manager's Report City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment D. Beach Renourishment ' Commissioner Beaver expressed concern that the beach cities did not have a representative downtown to speak for funding for beach renourishment. He recounted several incidents,which supported his concern, and reiterated the need for a consultant. Mayor Meserve reported that a meeting with the beach Mayors and Jacksonville Council Member Art Graham was held the previous week and ' they came to the same conclusion. He indicated that the three beach cities agreed to fund Kevin Bodge as their representative to the City of Jacksonville, and Council Member Graham stated he also would try to add ' to the funds for Mr. Bodge. It was also reported that Council Member 1 I November 8. 2004 REGULAR COMMISSION MEETING Pape 18 ' Graham indicated that he would contact the Jacksonville Public Works Department and urge them to support the technical expertise of Mr. Bodge. ' The Mayor indicated that he would be meeting on November 16ih at 2:00 p.m. with Ron Shoemaker of the City of Jacksonville. The Mayor indicated that the increase in cost of beach renourishment was a separate issue and the ' city needed to find out if the cost had increased from $8M to $15M and still required matching funds. ' Public Works Director Carper reported that the Corps guidelines had been published and the Corps would fund 100%to restore the beach to pre-storm conditions and after that they would go back to the fifty percent matching funds for beach renourishment. It was the consensus of the Commission that Kevin Bodge should be retained to represent the beach cities. City Manager Hanson indicated he would ask Mr. Bodge for a proposal to split his services between the three beach cities. Public Works Director Carper reported that the City of Jacksonville had ' completed a survey of all of the beaches, but had used the standard 1,000- foot monuments, instead of the required 500-foot intervals required by the Corps for beach renourishment. Mr. Bodge was to find out if the Corps would accept the 1,000-foot measurements due to the emergency. Reports/Requests 10. Reports and/or requests from City Commissioners and City ' City Commissioners Attorney City Attorney Commissioner Beaver Reported on the Water Conservation Workshop he and Commissioner Waters attended. He indicated that he had spoken relative to the rate increase issue and urged them to educate the residents to conserve water. He indicated that a two-day per week watering cycle would be imposed, but it was up to the property owner to decide which two days. ' Commissioner Beaver stated he inquired how this would be enforced and indicated that the City of Atlantic Beach did not want to be an enforcer. It was felt that watering on a specific day was easier to ' monitor. Exemption of shallow wells was being considered and it was decided that the irrigation systems for cities and parks were exempt. Commissioner Waters • Suggested that an overlay be completed to preserve the ambience of the Old Atlantic Beach area. I November 8, 2004 REGULAR COMMISSION MEETING Pa2e 19 Requested that staff investigate ownership of the marshlands in the city and if any of the land has been used for mitigation. Mayor Meserve • Reported that The Times Union was publishing a special edition to ' celebrate the opening of the pier and an ad-copy person had approached him concerning the city purchasing an ad to congratulate Jacksonville Beach and he had agreed to purchase one. A. Appointments to Boards and Committees (Mayor) ' The Mayor suggested that a Committee be formed to screen applicants and make a recommendation to the Commission before anyone is appointed to one of the city's Boards or Committees. He indicated that he would like the ' City Manager, the City Clerk and Commissioner Simmons to serve on the committee. Commissioner Waters suggested that a Board or Committee Member also serve on the committee. After discussion, it was determined that the Board or Committee Member would be voluntary. The City Manager, City Clerk ' and Commissioner Simmons agreed to serve on the committee. Adjournment There being no further discussion, the Mayor declared the meeting ' adjourned at 11:15 p.m. John Meserve,Mayor/Presiding Officer ' ATTEST: Donna L. Bussey Municipal Clerk I 1 1 i AGENDA ITEM#3A NOVEMBER 22,2004 November 16, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Hansonc Crty Manager ' SUBJECT: Follow-up Rion Beach Renourishment Consultant The City Commission has expressed on several occasions its support for hiring a beach renourishment consultant to help guide the many complicated steps ' necessary for a successful renourishment project on the Duval County beaches. Olsen Associates Inc has been providing services in connection with beach renourishment projects for the last couple of years. They have proposed an agreement for services to extend through September 30, 2005 for an amount not to exceed$9,000 without additional authorization. This proposal has been discussed with the City Managers of the other two beach cities with a provision to share the costs on a population basis. That is to say that each beach city would pay ta pro rata share of the billings for these services that is equal to their proportion of the total combined population of the three beach cities. Atlantic Beach's share would be 33%. Neptune Beach's share would be 27% and Jacksonville Beach's share would be 50%. No specific commission action is needed on this issue as the total cost is below the threshold needed for commission approval. Marsh Ownership; A request was made by a commissioner at the last meeting for information about private ownership of the marshes in the intercoastal waterway adjacent to Atlantic Beach. Distributed with your agenda packet is a copy of a map showing the owners of the various parcels as shown in the Duval County tax records. 1 t I AGENDA ITEM#4A NOVEMBER 22,2004 City of Atlantic Beach FINANCIAL REPORT I OCTOBER 2004 Cash Balances I Prior Current Dollar Fund(s) 9/30/04 10/31/04 Change I General $5,670,035 $4,872,185 ($797,850) Tree Replacement 17 201 17 201 0 Convention Development Tax 163,539 145,077 (18,462) I Local Option Gas Tax 297,935 292,201 (5,734) Better Jax 1/2 Cent Sales Tax 1,076,829 1,040,270 (36,559) Police Training, Forfeit, etc. 34,272 36,449 2,177 Grants (88,551) (61,758) 26,793 I Debt Service 74,632 80,768 6,136 Capital Project 39,889 39,940 51 Utility 4,619,267 3,782,643 (836,624) I Sanitation 696,701 532,686 (164,015) Storm Water 1236,055 1,240,320 4,265 Bond Construction 0 320 320 I Pension-Police 16,980 15,752 (1,228) Pension-General 22,532 43,924 21,392 Total $13,877,315 $12,077,978 ($1,799,337) ' Total Restricted Cash $6,347,827 ITotal Unrestricted Cash $5,730,151 ICash and Investments Prior Current Dollar Rate of Account 9/30/04 10/31/04 Change Return I Bank of America-Depository $1,368,229 $179,599 ($1,188,630) 0.75 SBA 12,507,036 11,896,329 (610,708) 1.82 Cash on Hand 2,050 2,050 0 - ' SBA-Bond Construction 0 0 0 1.82 Subtotal 13,877,315 12,077,978 (1,799,338) Suntrust-Pension-Police 3,986,110 4,029,721 43,610 7.10 (1) IMerrill Lynch-Pension-Police 335,518 347,011 11,493 20.20 (1) Suntrust-Pension-General 5,321,686 5,378,580 56,894 7.00 (1) Merrill Lynch-Pension-General 691,745 715,438 23,694 20.20 (1) ' Subtotal 10,335,058 10,470,750 135,691 Total $24,212,373 $22,548,728 ($1,663,647) I ' (1) FYTD rate of return through 09/30/04 I AGENDA ITEM#4A ' NOVEMBER 22,2004 City of Atlantic Beach FINANCIAL REPORT OCTOBER 2004 I Revenues I Annual YTD -8% YTD Dollar Percent Fund/(Footnote) Estimate of Estimate Actual Variance Variance ' General (1) $9,166,252 $760,799 $552,443 ($208,356) -27.39% Tree Replacement 0 0 0 0 100.00% Convention Development Tax 177,000 14,691 6,538 (8,153) -55.50% ' Local Option Gas Tax 519,800 43,143 48,600 5,457 12.65% Better Jax 1/2 Ct Sales Tax(2) 617,300 51,236 1,407 (49,829) -97.25% Police Training, Forfeit, etc. 33,180 2,753 2,178 ' (575) -20.89% ' Grants (3) 265,149 22,008 57,162 35,154 159.73% Debt Service 73,035 6,062 6,136 74 1.22% Capital Project 0 0 51 51 100.00% Utility 6,458,352 536,043 500,884 (35,159) -6.56% ISanitation 1,319,500 109,519 106,984 (2,535) -2.31 Storm Water 2,607,493 216,422 218,209 1,787 0.83% Bond Construction 0 0 0 0 100.00% I Pension-Police (4) 523,361 43,439 75,474 32,035 • 73.75% Pension-General(4) 775,943 64,403 127,003 62,600 97.20% Total $22,536,365 $1,870,518 $1,703,069 ($167,449) I IAnalysis of Major Variances I (1) The $208,356 negative variance in the General Fund resulted from not having received the October Sales Tax until November 2004 & property taxes typically being received from the City of Jacksonville in January of the next year. I (2)The $49,829 negative variance in the Better Jacksonville One-Half Cent Sales Tax Fund resulted from not having received the October revenues until November 2004. I (3)The $35,154 positive variance in the Grant Funds resulted from cash being received in fiscal year 2005 for the reimbursement of expenses incurred in fiscal year 2004. I (4) The $32,035 positive variance in the Police Employee Pension Fund & the $62,600 positive variance in the General Employee Pension Fund resulted from increases above estimates in the marketvalues of the investments. I I I I I AGENDA ITEM#4A NOVEMBER 22,2004 City of Atlantic Beach FINANCIAL REPORT I OCTOBER 2004 Expenses I Annual YTD -8% YTD Dollar Percent Department/(Footnote) Estimate of Estimate Actual Variance Variance IGoverning Body $43,807 $3,636 $3,706 ($70) -1.93% City Administration 1,878,828 155,943 155,200 743 0.48%% General Government(1) 3,976,583 330,056 190,126 139,930 42.40% I Planning and Building 697,108 57,860 31,093 26,767 4626% Public Safety(2) 4,129,655 342,761 187,532 155,229 45.29% Parks and Recreation 976,291 81,032 53,584 27,448 33.87% IPublic Works (3) 6,013,878 499,152 307,751 191,401 38.35% Public Utilities(4) 7,489,105 621,595 1,155,003 (533,408) -85.81% Pension - Police 337,266 27,993 19,757 8,236 29.42% Pension-General 382,231 31,725 23,445 8,280 26.10% I Total $25,924,752 $2,151,753 $2,127,197 $24,556 I Annual YTD Estimate YTD Dollar Percent. Resource Allocation Estimate 8% Actual Variance Variance Personal Services(5) $7,435,571 $617,152 $466,890 $150,262 24.35% IOperating Expenses 8,520,173 707,174 348,657 358,517 50.70% Capital Outlay(1) &(3) 5,204,236 431,952 3,815 428,137 99.12% Debt Service(4) 1,756,403 145,781 1,057,138 (911,357) -625.15% I Transfers 3,008,369 249,695 250,697 (1,002) -0.40% Total $25,924,752 $2,151,753 $2,127,197 $24,556 1 Analysis of Major Variances I (1) The positive variance in the General Government departments resulted from not having • begun the various projects funded from this source-see Project Activity Schedule. I (2) The positive variance in the Public Safety departments is partially due to the payment being due quarterly to the City of Jacksonville for fire & rescue services. The next payment is due in January 2005 for October through December, 2004. (3) The positive variance in `the Public Works departments resulted from the waste management contract not-having been paid in October 2004 and not having begun various projects funded from this source-see Project Activity Schedule. ' (4)The negative variance in the Public Utilities departments resulted from the semi-annual payment of principal and interest on the 1996 Utility Revenue Bonds in October 2004. I (5)The positive variance in the Personal Services is typical for the first month of the new fiscal year due to the payroll expense only including three weeks of the month of October. The last week of October will not be paid until November. This explains why ' approximately 25% of the budgeted payroll has not been expensed. I City of Atlantic Beach AGENDA ITEM#4A IIIFINANCIAL REPORT NOVEMBER 22,2004 OCTOBER 2004 I Project Activity - Current Year Activity Only YTD YTD YTD ' Project Name Budget Actual Balance Status General Government: I City Hall Expansion $409,264 $0 $409,264 B City Hall Lobby Remodel 35,000 0 35,000 B Subtotal 444,264 0 444,264 I Parks and Recreation: Skateboard Park 180,827 0 180,827 E Veteran's Memorial Park 34,000 0 34,000 Subtotal 214,827 0 214,827 I Public Safety Police Building Design 30,000 0 30,000 I Subtotal 30,000 0 30,000 0 Public Works: IPlaza Entrance/Post Office 100,000 0 100,000 Hopkins Creek Basin Pond 1,480,000 0 1,480,000 E Mayport Road Medians 551,942 0 551,942 I Drainage-George 8 Dudley Streets 107,723 0 107,723 D Bike Paths on Seminole and Plaza 232,272 0 232,272 B Welcome Sign and Landscaping 37,600 0 37,600 I Ocean/13th-Coast Drive/12th 127,000 0 127,000 Shed-Equipment Storage 15,000 0 15,000 Five Points Intersection Improvement 65,000 0 65,000 E ISidewalks-New 80,000 0 80,000 Pedestrian Path-Plaza Road 75,000 0 75,000 E Sidewalks-Replacements 50,000 0 50,000 19th Street Ditch Bulkhead 12,000 0 12,000 IPublic Utilities: Subtotal 2,933,537 0 2,933,538 Replace Well 2 at WWTP1 6,389 0 6,389 E I Security UpgradeNVater Plants 14,864 0 14,864 I Telemetry at Lift Stations 90,811 0 90,811 B Headwork Improvements at WWTP2 330,000 0 330,000 D I Relocate Elevated Storage Tank al WP2 72,418 0 72,418 Kesner Road Waterline Replacement _ 33,938 0 33,938 Fence at Water Plants 1, 2 8 3 40,000 0 40,000 IWater Line at 10th Street 8 Beach Avenue 200,000 0 200,000 E Mayport Road Sewer Crossing 150,000 0 150,000 E Lift Station Scada 50,000 0 50,000 E IPond Liner Replacement 45,000 0 45,000 Digester Blowers at W WTP 2 60,000 0 60,000 Utility Relocation-Wonderwood Connector 117,258 0 117,258 C Subtotal 1,210,678 0 1,210,678 ITotal $4,833,306 $0 $4,833,307 Status Key IB- Bid Awarded E - Design Phase C - Project Completed 1 - Project In-progress D- Design Completed R- Re-budget Next Fiscal Year I AGENDA ITEM#4A NOVEMBER 22,2004 I City of Atlantic Beach, Fl. IUtility Sales Report I October 2004 October 2003 Gallons Actual Revenue Gallons Actual Revenue Water Sales Accounts (000) Revenue Per 1,000gl Accounts (000) Revenue Per 1,000gI Atlantic Beach 5,460 40,842 $99,056 $2.43 5,425 56,371 $108491 $192 Buccaneer 2,668 26,036 $67,645 $2.60 2,583 33,332 $73,786 $2.21 ' Total Water Sales 8,126 66,878 $166,702 $2.49 8,008 89,703 $182,277 $2.03 IWater Plant Production It I Gallons Gallons (000) (000) Atlantic Beach 61,061 61,687 Buccaneer 22,808 33,752 Total Production 83,869 93,752 Total Water Billed 66,878 89,703 IWater Loss for month: 16,991 4 049 ' Percentage Loss 20,26% 4.32% Total 12 mo.Avg. Loss 12.83% 14.42% Gallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts (000) Revenue Per 1,000 g1 Accounts (000) Revenue Per 1,004gI Atlantic Beach 4,904 32,964 $148,016 4.49 4,880 41,204 $160,323 3.89 IBuccaneer 2,556 24,674 $128,335 5.20 2,472 31,609 $141,045 4.46 Total Sewer Sales 7,460 15T,638 $276,350 $4.79 7,352 72,813 $301,368 $4.14 Sewer Treatment 1 Millions of Gallons Rev. .er 1,000 Gallons I I AGENDA ITEM#4A NOVEMBER 22,2004 IDepartment of Public Safety Monthly Report 2004 October IPolice Emergency Res Time 2.000 Minutes I 2002 Oc Y-T-D 2003 Oct Y-T-D 2004 Oct Y-T-D Reported Crimes Murder/Manslaughter 0 0 0 0 0 0 Forcible Rape 0 4 0 3 1 8 I Robbery 4 23 0 14 0 14 Aggravated Assault 4 43 3 37 3 45 Simple Assault/Threats 10 126 12 153 11 149 Burglary 13 114 14 97 11 126 I Larceny 51 329 23 346 30 338 Auto Theft 0 42 2 46 4 52 Total 82 681 54 696 60 732 Activities Calls for Service 2234 18580 1898 19156 1918 19400 Arrests 70 720 55 918 77 679 Uniform Traffic Citations 367 4446 419 4362 424 3847 Training Police Fitness ' Departmental Updates City Email Policy and IT AEA CIO FORUM:A CONVERSATION BETWEEN GOVERNMENT&THE P.E.AF.3RD ANNUAL FALL TRAINING CONFERENCE AND I.A.P.E. PROPERTY ' HELP/SYSTEMS TRAINING-OPERATIONS 101-BASIC AS 400 OPERATIONS FOR I.T. Crime Suppression Activities School Safety Presentation for Halloween I Search Warrant Served for Narcotics Task Force Operations with Other Agencies I2003 Oc N/A 2003 Oct Y-T-D 2004 Ocl Y-T-D Animal Control Phone Calls 140 173 1403 129 1727 Animal Bites Reported 1 1 15 3 22 I Animals Captured 36 32 243 36 327 Animal Adopted 3 8 39 2 50 Animals Returned to Owners 14 3 52 4 71 Citations 14 19 152 12 256 Jacksonville Fire and Rescue 2002 Oc Y-T-D 2003 Oct Y-T-D 2004 Oct Y-T-D #Fire Alarms 8 156 12 147 13 196 IResponse Time(Minutes) 4.75 3.767 3.86 #EMS Calls 74 707 74 691 61 705 Response Time(Minutes) 4.524 4.401 3.961 Code Enforcement See Attachment I I AGENDA ITEM#4A 1 NOVEMBER 22,2004 I 1 .. . 2.-.a 4 . m 1 . ot0pz mg? 42,,,F m.. x"s ?a AAA _a ^"ss ' . Rr' .;a. 1 ���„ I ,40 000 000 eme ..e. mme _m_ COO no .e^ n, it I row 1 „ tea .... __ mmm __ mmm —^ II leo I e II F. 1 ��s .. ..m^ _m. .... .mm ._m - I. I 3 Ila I _ I I Tm I fl w° I tggmx 1 - 21 ' . Vis: ;,:TA =: =: fin2 3c' ° Sts. dee mss': °•Il I AGENDA ITEM#7A NOVEMBER 22,2004 • Draft November 59, 2004 ORDINANCE NO. 15-04-10 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS SUPPLEMENTED BY ORDINANCE NO. 15-96-8, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE ' OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED ' REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; AMENDING THE ORIGINAL ORDINANCE IN CERTAIN RESPECTS: PROVIDING FOR THE.SALE OF THE BONDS AT NEGOTIATED SALE; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING ' DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS TO THE UNDERWRITER ' WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; AND • PROVIDING AN EFFECTIVE DATE. t 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 Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, the Bond Ordinance (as herein defined), and other applicable provisions of law (the ' "Ace), 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 number in each case and vice 4182-0-Ordinance 1 versa, and words of one gender shall be deemed to include the other genders. In this 1 Ordinance: "Act" shall mean Chapter 166, Florida Statutes; the Original Ordinance; and other applicable provisions of law. "Accounting Principles" means generally accepted accounting principles and practices applicable to governmental entities, including those applicable to governmentally owned and operated utility systems such as the System. j i "Additional Parity Bonds" means any obligations hereafter issued pursuant to the terms and conditions of the Ordinance and payable from the Pledged Revenues on a parity with the outstanding Parity Bonds and the 2004 Bonds issued under this Ordinance. "Administrative Expenses" means the expenses of the various departments of the City properly allocable to the System, as the case may be, under Accounting Principles. "Amortization Installment" 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 Term Bonds are stated to mature, through payment at maturity, provided that (i) each such installment shall be deemed to be due on the Interest Payment Date or Principal Maturity Date of each applicable year and (ii) the aggregate of such installments for each maturity shall equal the aggregate principal amount (or, if applicable, the Compounded Amounts at maturity) of Term Bonds of such maturity delivered on original issuance. "Annual Information" has the meaning specified in Section 5.04(B) of the Original Ordinance. "Authorized Investments" means any obligations, deposit certificates, or other evidences of indebtedness legal for the investment of funds of the City pursuant to the laws of the State, subject to such restrictions or limitations thereon as may be imposed by ordinance 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 doing business under the laws of the United States (including laws relating to 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 those permitted to national banks under authority of the Comptroller of the Currency, and which is subject by law to supervision and examination by State or Federal 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 validity of, and the state and federal 4182-0-Ordinance 2 ' AGENDA ITEM#7A NOVEMBER 22,2004 ' income tax treatment of interest on, obligations of states and their political subdivisions and whose opinions are generally accepted by purchasers of such obligations, as selected by the City. "Bond Registrar" shall mean the Banking Institution designated by the City to maintain the registration books required to be maintained hereunder and to serve as ' Paying Agent for purposes of making payments of principal of and interest on the Bonds to the Registered Owners; provided that such Banking Institution shall have trust powers. "Bond Year" means the period beginning on the day immediately following each Principal Maturity Date and ending on the next succeeding Principal Maturity Date or any other annual period designated by the City. ' "Bonds" shall mean, collectively, the outstanding Parity Bonds, the 2004 Bonds and any Additional Parity Bonds issued pursuant to the terms and conditions of the 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 related to acquiring, constructing, 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 tthe System or any expansion thereof, but excluding: (1) amounts received from the sale of water or reuse water;12) 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 axe more particularly described by the City with respect to the System); in each case to the extent the same are lawfully available for the t acquisition and construction of Expansion Facilities and for the 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 ' 4182-0-Ordinance 3 I 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 Amortization Accounts therein, pursuant to 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 J with the valid and applicable regulations and proposed and temporary regulations thereunder, and, if applicable, under the Internal Revenue Code 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. "Compounded Amounts" shall mean, with respect to any Compounding Interest Bonds, the amounts representing principal and interest on such Compounding Interest Bonds from time to time at and prior to the maturity thereof in accordance with a schedule of such amounts delivered at the original issuance of such Bonds. "Compounding Interest Bonds" shall mean Bonds, the interest on which (1) shall be compounded periodically, (2) shall be payable only at maturity or redemption prior to maturity, and (3) shall be determined by reference to the Compounded Amounts. 3 "Consulting Engineers" shall mean such independent, qualified, and recognized- consulting engineers, having a favorable reputation for skill and experience in the planning, construction, operation and financial feasibility of facilities similar to that of the System, at the time retained by the City to perform the acts and carry out the duties as herein provided for such Consulting Engineers. "Credit Facility" shall mean each policy of municipal bond insurance, an irrevocable letter of credit, surety bond or other insurance or financial product which guarantees timely payment of all or any portion of the principal of, premium, if any, and interest on all or any portion of the Bonds. "Credit Facility Issuer" shall mean each insurance company, bank, or other organization which has provided a Credit Facility in connection with the issuance of any Series of Bonds or any particular Bonds within a Series. A Credit Facility Issuer of a Reserve Account Credit Facility must be an insurance company rated in the 3 highest rating category by any Rating Agency (and, if applicable, by A.M. Best & Company) having a rating in effect as to such insurance company. "Current Interest Paying Bonds" shall mean Bonds, the interest on which shall ■ be payable on a periodic basis. • j 4182-0-ordinance 4 - AGENDA ITEM#7A NOVEMBER 22,2004 1 "Debt Service Requirement' shall mean, for any Bond Year, as applied to the Bonds of any Series, the sum of: (1) the amount required to pay the interest becoming due on the Current Interest Paying Bonds during such Bond Year; (2) the aggregate amount required to pay the principal becoming due on Current Interest Paying Bonds for such Bond Year; provided that, for purposes of this definition the stated maturity date of any Current Interest Paying Term Bonds shall be disregarded and the Amortization Installments applicable to such Current Interest Paying Tenn Bonds in such Bond Year shall be deemed to mature in such Bond Year; and (3) the aggregate amount required to pay the Maturity Amounts due on any Compounding Interest Bonds maturing in such Bond Year; provided that for purposes of this definition, the stated maturity date of any Compounding Interest Term Bonds shall be disregarded 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 (1) ' 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 the Ordinance to be retained in such Sinking Fund. "Defeasance Obligations" means: ' (1) Federal Securities; (2) obligations described in Section I03(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 deposit with a Banking Institution (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 maturing 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 insolvency 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 4182-0-Ordinance 5 J 13) Such other obligations as shall be permissible for defeasance of any Bonds pursuant to the Credit Facility in effect with respect to such Bonds. "Escrow Deposit Agreement" means the agreement between the City and the J Escrow Holder, in form and substance approved by the City Manager at or prior to the time of issuance of the 2004 Bonds, and providing for the deposit of a portion of the. proceeds of the 2004 Bond's in trust with the Escrow Holder for the purpose of making payment of the principal, premium, if any, and interest on the Refunded Bonds. "Escrow Holder" means the bank or trust company as the City Manager may designate which may be located within or without the State to be selected prior to the time of issuance of the 2004 Bonds to hold a portion of the proceeds of the sale of the 2004 Bonds in trust pursuant to the provisions of the Escrow Deposit Agreement and to be applied to pay the principal of, premium, if any, and interest on the Refunded Bonds. "Expansion Facilities" means additions, extensions and improvements to the System, together with all lands or interests therein, including plants, buildings, machinery, pipes, mains, fixtures, equipment, franchises, rights to water, wastewater or reuse water service and all property, real or personal, tangible or intangible, heretofore or hereafter constructed or acquired in order to meet the increased demand upon the System, whether actual or anticipated, created by new users connecting to the System. "Expansion Percentage" means, with respect to any Series of Bonds, the fraction equal to that portion of the total aggregate Debt Service Requirements for such Series that is attributable to Expansion Facilities, if any, as shall be determined by the Independent Consultant. . J "Event of Default" has the meaning set forth in Section 5.02 of the Original Ordinance. J "Facilities" shall mean all of the physical assets of the System, and all parts thereof, existing at the time of the adoption of this Ordinance, and also any physical assets which may thereafter be added to the System, or any part thereof, by any additions, replacements, betterments, extensions, improvements thereto; and property of any kind or nature, real or personal, tangible or intangible, hereafter constructed or acquired in connection with the System. j "Federal Securities" shall mean direct noncallable obligations of the United States of America or obligations the timely payment when due of the 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. j ■ 4182-0-Ordinance 6 1 ' AGENDA ITEM#7A NOVEMBER 22,2004 1 t "Fiscal Year" shall mean the, period commencing on October 1 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 City. ' "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) of the Original Ordinance. "Gross Revenues" means all fees, rentals or other charges or other income received by the City in connection 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 any 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, not in the regular 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 the Ordinance. "Independent Consultant" shall mean such firm or firms, consisting of or employing, registered professional engineers, architects, rate consultants, or other professionals having a favorable reputation for the 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 performed by such Independent Consultant by the provisions of the Ordinance or by other official action of the City, and shall include, 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 Current ' 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 the Ordinance. 1 "Issuance Expenses" means the fees and costs paid in connection with the authorization, sale, and issuance of any Series of Bonds. Issuance Expenses include, ' but are not necessarily limited to: (1) the fees and expenses of the Financial Advisor, Bond Counsel and the Consulting Engineer related to (a) the preparation of the preliminary and final Official Statements; (b) preparation of the Ordinance, and other ordinances and resolutions supplemental hereto or in connection herewith; (c) preparation of financing plans; (d) fees of investment bankers; (e) fees of verification ' 4182-0-Ordinance 7 j agent; and (t) 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 distributing the Official Statement for such Bonds; (4) the cost of printing and delivery of such j 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, if any. "Maximum Debt Service Requirement" shall mean, as of any particular date of calculation, the Debt Service Requirement for the then current or any future Bond Year which is greatest in dollar amount with respect to any particular 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 J Operating Expenses. Moneys deposited into the Rate Stabilization Fund shall be excluded from Gross Revenues for the purposes of calculating Net Revenues hereunder for the Fiscal Year in which such transfer into the Rate Stabilization Fund occurs. Moneys on deposit in the Rate Stabilization 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 a nationally-recognized municipal securities information repository designated by the SEC for purposes of the Rule. "Operating Expenses" means the current expenses, paid or accrued, of j operation, maintenance and repair of the System and its Facilities determined in accordance with Accounting Principles. Operating Expenses include, without limiting the generality of the foregoing, (i) Administrative Expenses, (ii) insurance premiums, (iii) charges for the accumulation of appropriate reserves not annually recurrent but 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 the City for resale to customers 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 expenses, except to the extent expressly provided herein. In determining Operating Expenses, there shall not be taken into account: (a) any pin or loss resulting from either the extinguishment or refinancing of any Series of Bbnds or other long-term indebtedness; (b) loss from the sale; exchange or other disposition 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, the Original Ordinance, this Ordinance, and any ordinance and resolution amendatory hereof or supplemental hereto. "Original Ordinance" shall mean Ordinance No. 15-95-7 enacted by the City Commission on November 13, 1995, as supplemented by Ordinance No. 15-96-8, 4182-0-ordinance 8 j ' AGENDA ITEM IA NOVEMBER 22,2004 enacted on March 11, 1996, as supplemented. "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 the Ordinance, except: t (1) Bonds cancelled upon surrender, exchange or transfer, or cancelled after purchase in the open market or because of payment at or redemption prior to maturity; ' (2) Bonds, or portions thereof, which are considered no longer Outstanding pursuant to Section 6.04 of the Original Ordinance; ' (3) Bonds, or portions thereof, which are deemed paid upon the redemption or maturity thereof 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 shall not be deemed Outstanding. ' "Panty Bonds" shall mean the unrefunded portion of the City's outstanding Utility System Revenue Bonds, Series 1996. ' "Person" or words importing persons shall mean firms, associations, partnerships (including without limitation, general and limited partnerships), joint ventures, societies, estates, trusts, corporations (including limited liability ' corporations), public or governmental 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 Accounts, (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 on the Current Interest Paying Bonds and (ii) Compounded Amounts are payable on Compounding Interest Bonds, as determined by subsequent 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 Term Bonds. ' "Prohibited Payment" shall mean a payment, or an agreement to pay, to a Person other than the United States of America, an amount that is otherwise required to 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 investment or deposit than would have resulted in an arm's length transaction in which yield on Bonds was not relevant to either party to such investment or deposit. • 4182-0-Ordinance 9 I "Rating Agency" shall mean Fitch Investors Service, L.P. ("Fitch"), Moody's Investors Service, Inc. ("Moody's"), or Standard and Pooi 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 Date for such Bonds, or such other date as may be specified by subsequent resolution of the Commission. "Redemption Date" shall mean, for any Bonds, the date specified on which J such 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. "Refunded Bonds" means a portion of the Utility System Revenue Bonds, Series 1996, dated March 1, 1996, outstanding at the time of issuance of the 2004 Bonds in the principal amount of approximately $18,700,000. "Refunding' means the program for refinancing the Refunded Bonds through J the issuance of the Series 2004 Bonds. "Refunding Costs" means but shall not necessarily be limited to: the cost of payment of the principal of, premium, if specified, and interest on the Refunded Bonds; expenses for estimates of costs and of revenues; the fees of fiscal agents, financial advisors and consultants; administrative expenses; interest on the 2004 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 2004 Bonds; the cost of purchasing any Credit Facility or Reserve Account Credit Facility; Issuance Expenses; and such other expenses as may be necessary or incidental to the financing authorized by this Ordinance, to the Refunding, and to the accomplishing thereof; and reimbursement to the City for any sums expended for the foregoing purposes in anticipation of the issuance of the 2004 Bonds. "Registered Owner" or "Owner" shall mean any Person who shall be the owner of any Outstanding.Bond or Bonds as shown on the registration books maintained by the Bond Registrar. "Renewal and Replacement Fund Requirement" means an amount, determined ■ as of the beginning of each Fiscal Year, equal to (a) the lesser of (1) five percent (5%) of the Gross Revenues receided"by the City in the immediately preceding Fiscal Year; or (2)(a) $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 to 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 j Requirement 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 meets I 4182-0-Ordinance 10 AGENDA ITEM#7A NOVEMBER 22,2004 the criteria set forth in Section 3.03(G) of the Original Ordinance 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 the Credit Facility Issuer as a result of a draw under a Reserve Account 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 Account Requirement" means the lesser of (1) the Maximum Debt 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 Account Credit Facility Coverage and the value of moneys and Authorized Investments credited to the Reserve Account. The values of such Authorized Investments are to be calculated as provided herein. "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 the principal of which, at the maturity thereof, no fixed mandatory sinking fund or bond redemption deposits are required to be made prior to the 12-month period immediately preceding the stated date of maturity of such Serial Bonds. "Series" shall mean a series of Bonds. "5I1T 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) of the Original Ordinance. "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 benefited by any Project, including interest and penalties on such assessments and any moneys received upon the sale of tax certificates with respect to such lands and real estate and upon the foreclosure of the liens of such assessments, to the extent that the City has covenanted to deposit the proceeds received from the levy and collection of such special assessments into the Special Assessment Fund for the payment of any Series; 4182-0-Ordinance 11 ii 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 (1) levied on developed property, (2) collected pursuant to the uniform method pursuant to Section 197.3632, Florida Statutes, and (3) in the aggregate, according to the 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. J "State" means the State of Florida. "Stormwater System' means the facilities for the collection and drainage of J 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 interests therein, including plants, buildings, machinery, franchises, pipes, mains, 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 provisions of this Ordinance. - "System" shall mean the combined and consolidated water and sewer system 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 interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment, and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith. j "Tax Compliance Certificate" means, with 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 Paying or Compounding Interest Bonds all of which shall be stated to mature on one date and which shall be subject to retirement by operation of the applicable Bond Amortization Account in the Sinking Fund herein established. "Variable Rate Bonds" shall mean Bonds, the interest rate on which is subject to adjustment at such times and in such manner as shall be determined prior to the sale thereof. "2004 Bonds" means the 2004 Bonds issued under the Original Ordinance and this Ordinance. I 4182-0-ordinance 12 AGENDA ITEM#7A NOVEMBER 22,2004 1 ' 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 their functions. ' Unless context clearly indicates otherwise, any reference to a section or provision of the Constitution of the State or the Act, or to a section, provision or chapter of the Laws of Florida or the United States 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, supplement 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) the 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 the 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 Ordinance. SECTION 1.04. FINDINGS. It is hereby ascertained, determined, 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, and charges imposed and collected for the services of the System. ' (B) The City has previously enacted the Original Ordinance which authorized improvements to the System and the Stormwater System and authorized the issuance of the Refunded Bonds and the outstanding Parity Bonds. (C) The City currently has outstanding the Refunded Bonds in the principal amount of approximately $18,700,000. 1 (D) It is necessary and desirable and in the best interests of the City that the City provide for the payment of the Refunded Bonds by the issuance of the 2004 Bonds. (E) It is in the best interest of the health, safety, and welfare of the City and the inhabitants thereof that the City pledge the Pledged Revenues to the repayment of ' the Bonds and the outstanding Parity Bonds, and the Pledged Revenues are not currently pledged and encumbered in any manner other than to the outstanding Parity Bonds and the Refunded Bonds, the lien on the Pledged Revenues of the Refunded Bonds will be defeased and released upon the issuance of the 2004 Bonds. 4182-O-Ordinance 13 I I (F) The Pledged Revenues are estimated to be sufficient to pay all principal of and interest on the outstanding Parity Bonds and the 2004 Bonds, as the same j become due, and to make all required sinking fund, reserve or other payments required by this Ordinance. SECTION 1.05. 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 Bonds authorized to be issued hereunder by those who shall be the Registered Owners of the same from time to time, the Ordinance shall be deemed to be and shall constitute a contract between the City and the Credit Facility Issuer and such Registered Owners, and the covenants and agreements herein set forth to 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 and all such Bonds, all of which shall be of equal rank and 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 this 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. • I ii I ii I I l 4182-0-Ordinance 14 AGENDA ITEM#7A NOVEMBER 22,2004 ' ARTICLE U AUTHORIZATION OF REFUNDING, AUTHORIZATION, DESCRIPTION, DETAILS AND FORM OF BONDS ' SECTION 2.01. AUTHORIZATION OF REFUNDING. The refunding of the Refunded Bonds is hereby specifically authorized. SECTION 2.02. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions of this Ordinance, obligations of the City to be known as `Utilities System Revenue Refunding Bonds, Series 2004" are hereby authorized to be issued in the aggregate principal amount of not exceeding Twenty Million Dollars ($20,000,000) for the purpose of financing the Refunding. SECTION 2.03. DESCRIPTION OF BONDS. The Bonds shall be numbered; ' shall be in such denominations or maturity amounts; shall be dated 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 Current 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 action of the City Manager at or prior to the time of sale of the Bonds. The Bonds 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 City; shall be payable in ' lawful money of the United States of America; and shall bear interest from their date, or from the most recent date to which interest has been paid, payable, in the case of Current Interest Paying Bonds, by check or draft mailed on each Interest Payment 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 maturity upon presentation at the office of the Bond Registrar; 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 expense of such Registered Owner, be made by wire transfer 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 shall 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 thereon. The signatures of the Mayor or Vice-Mayor and the City Clerk or Deputy Clerk may be manual or facsimile ' signatures imprinted or reproduced thereon. 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 to any security or benefit under the provisions of this Ordinance unless such certificate shall 1 4182-0-Ordinance 15 I have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual or in facsimile, provided, however, that at 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. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to 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 may be signed and sealed on behalf of the City by such person is 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 J and have all the qualities and incidents of negotiable instruments under the Uniform 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 the paying agent for the Bonds, which shall be a Banking Institution. The Bond Registrar shall be responsible for maintaining the books for the registration of the transfer and exchange of the Bonds. The City and the Bond Registrar may treat the Registered Owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary. All Bonds presented for transfer, exchange, redemption or payment (if so required by the City or the Bond Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the City or the Bond Registrar, duly executed by the Registered Owner or by his duly authorized attorney. j The Bond Registrar may charge the Registered Owner a sum sufficient to' reimburse it or any expenses incurred in making any exchange or transfer after the first such exchange or transfer 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 mayi be, of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation hereto. 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 J exchange any 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 the applicable notice of redemption is given, or (b) to transfer or exchange any Bonds selected or being called for redemption in 4182-0-Ordinance 16 j ' AGENDA ITEM#7A NOVEMBER 22,2004 ' whole or in part. New Bonds delivered upon any transfer or exchange shall be valid obligations of ' the 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 a book-entry or immobilization system for issuance and registration of the Bonds of any Series, and the details of any such system shall be as fixed prior to the time 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. In case any Bond shall become mutilated or be destroyed, 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 cancellation 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 hereof, 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 substitute 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 bonds 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 and ' 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 may 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 conditions, one or more printed, lithographed or ' typewritten Bonds in temporary form, substantially of the tenor of the Bonds hereinbefore described and with appropriate omissions, variations and insertions. ' Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the lien and benefit of this Ordinance. The City shall, without unreasonable delay, prepare, execute and deliver to the Bond Registrar and ' thereupon, upon the presentation and surrender of the Bonds in temporary form to the Bond Registrar, the Bond Registrar shall authenticate and deliver, in exchange 4182-0-Ordinance 17 I7 therefor, Bonds of the same Series and maturity, in definitive form in the authorized ■ denominations, and for the same aggregate principal amount, as the Bonds in temporary form surrendered. The expense of such exchange shall be paid by the City 1 and there shall be made no charge therefor to any Registered Owner. SECTION 2.08. BOND ANTICIPATION NOTES. In anticipation 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 set forth in a separate ordinance or resolution of the Commission adopted at or prior to the time of sale of such Bond Anticipation Notes. SECTION 2.09. PROVISIONS FOR REDEMPTION. The Bonds may be redeemable, by operation of the applicable Bond Amortization Account or, at the option of the City, as provided prior to the delivery of the Bonds; provided that no optional redemption of Bonds may be effected at any time when there are1. 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 with the Bond Registrar, 1 and (ii) shall be mailed by first class mail, postage prepaid, to all Registered Owners of Bonds to be redeemed at their addresses as they appear on the registration books hereinabove provided for. Notice of Redemption of Bonds, other than by operation of the Bond Amortization Account and other than pursuant to the application of advanced refunding bond proceeds, shall be provided as set 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 and after the Redemption Date. In addition to 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 whith 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; (ii) the rate of interest borne by each Bond being redeemed; (iii) the maturity date and CUSIP number of each Bond being redeemed; and (iv) any other descriptive information needed to identify accurately the Bonds being redeemed. j I 4182-0-Ordinance 18 AGENDA ITEM#7A NOVEMBER 22,2004 1 Each further notice of redemption shall be sent at least thirty (30) days before the redemption date by registered or certified mail or overnight delivery service (at the expense of the addressee) to the Credit Facility Issuer and to all registered securities depositories then in the business of holding substantial amounts of obligations of types such as the Bonds (such depositories now being The Depository Trust Company of New York, New York, New York; Midwest Securities Trust 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, Inc.'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 the issuance thereof 1 1 1 1 i 1 1 1 4182-0-Ordinance 19 I I ARTICLE III BONDS NOT GENERAL OBLIGATION OF CITY; PLEDGE OF REVENUES AND APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE; AMENDMENT TO ORIGINAL ORDINANCE; TAX COMPLIANCE AND REMEDIES SECTION 3.01. BONDS NOT GENERAL OBLIGATION OF CITY. Neither the ■ Bonds nor the interest or premium, if any, thereon 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 than 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 6.06 hereof. Notwithstanding the foregoing, no provision hereof is intended to prohibit the payment of Debt Service Requirements on any Bonds from, or the pledging to such payment of, any lawfully available additional revenues, reserves, security, documents, obligations or sources of funds. SECTION 3.03. APPLICATION OF PLEDGED REVENUES PURSUANT TO 3 ORIGINAL ORDINANCE. All Pledged Revenues and all moneys held in the funds and accounts established pursuaflfto the Original Ordinance shall be held and applied for the benefit of the Registered Owners of the 2004 Bonds in the same manner as provided in Section 3.03 of the Original Ordinance, and all of the provisions of Section 3.03 shall be deemed to be applicable to the 2004 Bonds in the same manner as to the outstanding Parity Bonds and all other Bonds hereafter issued pursuant to the Original Ordinance. SECTION 3.04. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. The 2004 Bonds shall for all purposes be considered to be issued under and pursuant to 3 the provisions of the Original Ordinance, and all of the covenants of the City contained in the Original Ordinance shall be deemed applicable to and for the benefit of the 2004 I 4182-O-Ordinan e 20 AGENDA ITEM#7A NOVEMBER 22,2004 1 Bonds to the same extent as to the outstanding Parity Bonds, excepting only the provisions of Section 3.07 below. The Registered Owners of the 2004 Bonds shall have all of the rights and privileges of the Registered Owners of the outstanding Parity Bonds. SECTION 3.05. TAX COMPLIANCE. The City covenants that it will restrict the use of the proceeds of the 2004 Bonds in such manner and to such extent, if any, as 1 may be necessary so that the 2004 Bonds will not constitute arbitrage bonds under Section 148 of the Code. The City Manager or any other officer having responsibility for the issuance of the 2004 Bonds shall give an appropriate certificate of the City, for ' inclusion in the transcript of proceedings for the 2004 Bonds, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the 2004 Bonds, the facts, circumstances, and estimates on which they are based, and ' other facts and circumstances relevant to the tax treatment of interest on the 2004 Bonds. Each such officer is further authorized to make or effect any election, selection, choice, consent, approval, or waiver on behalf of the City with respect to the 2004 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 characterization of the 2004 Bonds or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, ' reducing the rebate amount 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. ' 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 2004 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 2004 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 to the federal government, (iv) maintain books and records and make ' 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 the Code. The City Manager and other appropriate officers are hereby authorized and ' directed to take any and all actions, make calculations and rebate or penalty payments, and make or give reports and certifications, as may be appropriate to assure such exclusion of that interest. ' SECTION 3.06. REMEDIES. The Events of Default and Remedies set forth in the Original Ordinance shall-apply to the 2004 Bonds the same as if fully set forth • herein. SECTION 3.07. AMENDMENT TO ORIGINAL ORDINANCE. Section 5.01 (El of the Original Ordinance is hereby amended to read as follows: ' "(E) Sale of the System. (1) The City hereby covenants not to sell, lease encumber or in any manner dispose of the System as a whole. 1 ' 4182-0-Ordinance 21 J (2) The foregoing provision notwithstanding, the City may sell or 1 dispose of, for fair market value, any properties or parts of the System which the Consulting Engineer shall certify in writing are not necessary for the continued operation of the System and that the sale or disposal of which will not adversely affect the Net Revenues to be derived from the System to such an extent that the City will fail to comply with the rate covenant contained in Section 5.01 (A) of the Original Ordinance. (3) The proceeds derived from any sale or disposal of any properties or parts of the System as provided for in the above paragraph shall, in the discretion of the City, be (i) deposited in the Renewal and Replacement Fund and used exclusively for the purpose of paying the cost of extensions, enlargements or additions to, or the replacement of capital assets of, the System and for unusual or extraordinary repairs thereto, or (ii) for the purchase or retirement of Bonds then outstanding. However, if the Consulting Engineer certifies that proceeds are necessary for the purposes stated in part (i) above, such proceeds shall remain in the Renewal and Replacement Fund until such certified requirements are satisfied, and the proceeds shall not be used for any other purpose allowed by this Ordinance." J 3 I I I I I I 4182-0-Ordinance 22 ' AGENDA ITEM#7A NOVEMBER 22,2004 1 ARTICLE IV APPLICATION OF 2004 BOND PROCEEDS ' SECTION 4.01. APPLICATION OF 2004 BOND PROCEEDS. All moneys received from the sale of any or all of the 2004 Bonds shall be disbursed as follows: ' (A) Accrued interest, if any, shall be deposited into the Sinking Fund and applied to the interest coming due on the 2004 Bonds on the first Interest Payment Date. 1 (B) An amount equal to the Reserve Account Requirement shall be deposited into the Reserve Account; provided that this requirement may be satisfied in whole or in part by the establishment of a Reserve Account Credit Facility for the purpose of such Reserve Account. (C) An amount necessary to pay the Issuance Expenses with respect to the ' 2004 Bonds will be paid within 30 days of closing from the proceeds of the 2004 Bonds. • 1 (D) A sum specified in the Escrow Deposit Agreement which, together with the other funds described in the Escrow Deposit Agreement to be deposited with the Escrow Holder in escrow, and together with the investment income thereon, will be 1 sufficient to pay the principal of, interest and redemption premiums, if any, as applicable, on the Refunded Bonds as the same shall become due or may be redeemed, shall be deposited into the Escrow Account established by the Escrow 1 Deposit Agreement in the respective amounts sufficient for such purposes. Simultaneously with the delivery of the Series 2004 Bonds, the City shall enter 1 into the Escrow Deposit Agreement which shall provide for the deposit of sums into the Escrow Account established therein, and for the investment of such money in appropriate Federal Securities so as to produce sufficient funds to make all of the ' payments described in the first paragraph of this Section 4.O1D. At the time of execution of the Escrow Deposit Agreement, the City shall furnish to the Escrow Holder appropriate documentation to demonstrate that the sums being deposited and the investments to be made will be sufficient for such purposes. 1 1 1 1 4182-0-Ordinance 23 I I ARTICLE V CONTINUING DISCLOSURE 1 SECTION 5.01. CONTINUING DISCLOSURE. (A) PROVISION OF ANNUAL INFORMATION; AUDITED FINANCIAL STATEMENTS; AND NOTICES OF EVENTS. The City hereby covenants, in accordance with the provisions of the Rule, to provide or cause to be provided: (1) to each NRMSIR and to any SID, (i) annual financial information and operating data of the type described under the caption "Annual Information' below for each Fiscal Year ending on or after September 30, 2005, not 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 the MSRB and to the SID, in a timely manner, notice of (i) any Specified Event if that Specified Event is material, (ii) the City's failure to provide the Annual Information on or prior to the date specified above, (iii) any change in the Fiscal Year, (iv) the City's failure to appropriate funds to meet costs to be incurred to provide the foregoing information, and (v) the termination of the City's obligations to provide the foregoing information. The City expects that (a) annual financial statements 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 preparation of those 3 financial statements shall be generally accepted accounting principles as recommended from time to time by the Governmental Accounting Standards Board. In the event that the audited annual general purpose financial statements of the City are not available by the date on which the Annual Information shall be provided, the City will provide unaudited financial statements of the City by the date specified and audited financial statements when available. (B) ANNUAL INFORMATION. Annual Information to be provided by the City shall consist of: (a) the annual general purpose financial statements of the City; and (b) summary of revenues, expenses and debt service coverage consistent with the, presentation of such information in the Official Statement for the 2004 Bonds. (C) SPECIFIED EVENTS. Specified Events shall include the occurrence of ■ the following events, within the' meaning of the Rule, with respect to the Bonds: principal and interest payment delinquencies; non-payment related defaults; unscheduled draws on debt service reserves reflecting financial difficulties; unscheduled draws on credit enhancements reflecting financial difficulties; substitution of credit or liquidity providers, or their failure to perform; adverse tax opinions or events affecting the tax-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 Bonds; and rating changes. In furtherance of the 4182-0-Ordinance 24 J I AGENDA ITEM#7A NOVEMBER 22,2004 I I foregoing, however, holders should understand that the sale or other transfer of real property subject to 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 notification in the event any such sale or other transfer I may occur. (D) AMENDMENTS. The City reserves the right to amend this Section as Imay 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 I requirements, change in law, or change in the identity, nature, or status of the City, 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 I Information containing any amended operating data or financial 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 I provisions of Section 6.07 of this Ordinance shall not apply to amendments made to this Section. I (E) REMEDY FOR BREACH. The covenants contained in this Section 5.01, 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 the Bonds. I 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 otherwise would be I 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 I pertinent filing that is made. I (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 City would be required to incur to perform such obligations. I (0) TERMINATION. The obligations of the City under this Section 5.01, relating to the City's continuing disclosure requirements shall remain in effect only I for such period that (1) such covenant is required by the Rule, (2) the Bonds are outstanding in accordance with their terms, and (3) the City remains an obligated person with respect to the Bonds within the meaning of the Rule. The obligation of I 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. I (H) SEPARATE BOND REPORT NOT REQUIRED. Additionally, the requirements of this Section 5.01 do not necessitate the preparation of any separate annual report addressing only the Bonds. These requirements may be met by the I filing of a combined bond report or the City's Comprehensive Annual Financial Report; provided, such report includes all of the required information and is available I 4182-0-Ordinance 25 by May 1. Additionally, the City may incorporate any information provided in any prior filing with each NRMSIR or included in any final official statement of the City; provided, such final official statement is filed with the MSRB. j A I J A A 7� ■ I7 ■ I A A I 4182-0-ordinance 26 ' AGENDA ITEM#7A NOVEMBER 22,2004 1 ' ARTICLE VI MISCELLANEOUS PROVISIONS SECTION 6.01. SALE OF 2004 BONDS; DELEGATION OF AUTHORITY AND DESIGNATION OF BOND REGISTRAR AND PAYING AGENT. (a) The City hereby finds, determines and declares that the timing and size of the issue and complexity of the financing plan for the 2004 Bonds, and current rapidly changing bond market ' conditions require that the sale of the 2004 Bonds be negotiated at private sale rather than offered by competitive bid at public sale in order to assure the necessary flexibility to change the maturities, redemption features and yields necessary to obtain the most favorable terms in the bond market and to assure timely receipt of funds to refund the Refunded Bonds at the most advantageous savings to the City. The negotiated sale of the 2004 Bonds to A.G. Edwards & Sons, Inc. and J.P. Morgan Securities Inc., the underwriters previously selected by the City, pursuant to a bond purchase contract in the form approved by the City Manager, the City Attorney, the Financial Advisor and Bond Counsel is hereby authorized pursuant to Section 218.385, Florida Statutes. t (b) In order to assure timely sale of the 2004 Bonds in an uncertain economic environment, the City Manager is authorized to negotiate with the ' underwriters the final pricing terms to be included in the bond purchase contract, with the advice and assistance of the Financial Advisor, subject to all of the following guidelines and parameters: • ' (1) the aggregate principal amount of 2004 Bonds to be sold shall not exceed $20,000,000 and shall not exceed the amount needed to refund the tRefunded Bonds and to pay the Issuance Costs. (2) the net present value savings to the City shall not be less than 3.00%. (3) the all-in true interest cost to the City for the 2004 Bonds shall not exceed 6.00% per annum. (4) the underwriters' gross spread shall be approved by the City Manager with the advice and assistance of the Financial Advisor and shall not ' exceed $5.00 per$1,000 of 2004 Bonds sold. (5) the final maturity of the 2004 Bonds shall not be later than tOctober 1, 2025. (c) The 2004 Bonds shall be dated, shall be in denominations, shall t be in the form of current interest bonds which bear interest at the rates, mature on the dates and in the amounts, and shall be redeemable, all as set forth in the bond purchase contract. ' 4182-0-Ordinance 27 I (d) The Paying Agent and Registrar for the 2004 Bonds shall be Wells Fargo Bank, N.A., Jacksonville, Florida. (e) The Credit Facility Issuer for the 2004 Bonds shall be designated 1 by the City Manager with the advice and assistance of the Financial Advisor after bids have been solicited from Credit Facility Issuers. j SECTION 6.02. APPROVAL OF OFFICIAL STATEMENTS FOR 2004 BONDS. The use of a preliminary and final Official Statement relating to the 2004 Bonds, in the form as shall hereafter be approved by the City Manager acting on behalf of the City, such approval to be evidenced by his execution thereof, is hereby authorized and approved in connection with marketing of the 2004 Bonds. The City Manager is hereby authorized to certify that the preliminary Official Statement is "deemed final" as of its date for purposes of, and except for certain omissions permitted by, SEC Rule 15c2-12. The Mayor-Commissioner, City Manager and Finance Director are hereby authorized to execute the final Official Statement and to deliver same to the underwriters. Use by the underwriters of the preliminary Official Statement in marketing the 2004 Bonds is hereby approved. SECTION 6.03. EXECUTION OF BOND PURCHASE CONTRACT AND AUTHORIZATION OF ALL OTHER NECESSARY ACTION. The City Manager is hereby authorized and directed to execute, and the City Clerk is authorized to attest, the bond purchase contract and to deliver the bond purchase contract to the underwriters, and the Mayor-Commissioner and the City Clerk are authorized to execute and attest the 2004 Bonds when prepared, and deliver the same to the 3 underwriters upon payment of the purchase price and pursuant to the conditions stated in the bond purchase contract. The Mayor-Commissioner, City Manager, City Clerk, City Attorney, Financial Advisor, and Bond Counsel are each designated agents of the Issuer in connection with the issuance and delivery of the 2004 Bonds, and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the City which are necessary or desirable in connection with the execution and delivery of the 2004 Bonds and which are not inconsistent with the terms and provisions of this Ordinance and other actions relating to the 2004 Bonds heretofore taken by the City, including, without limitation, a registrar/paying agent agreement, a DTC Letter of Representations, commitments for a Credit Facility and a Reserve Account Credit Facility, and the Escrow Deposit Agreement. SECTION 6.04. NOTICES TO CREDIT FACILITY ISSUER; CREDIT FACILITY ISSUER DEEMEP-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 J 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 4182-0-Ordinanre 28 AGENDA ITEM#7A NOVEMBER 22,2004 1 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 ordinance or resolution shall be sent to the Rating Agencies at least twenty (20) days prior to the enactment of such amendment or modification. ' Any provision of this Ordinance 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 payment 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 party in interest and as a party entitled to notify the Paying Agent or any trustee or the City to intervene in judicial proceedings that affect the Bonds or the security therefor. The trustee, the Paying ' Agent and the City shall be required to accept notice of default from the Credit Facility Issuer. ' SECTION 6.05. 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 6.06. DEFEASANCE. Notwithstanding the foregoing provisions of this Ordinance, if, at any time, the City shall have paid all amounts due and owing to any Credit Facility Issuer and shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to 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 Institution for the sole benefit of the Registered ' Owners of such Bonds, 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, interest, and 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 Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional ' redemption provisions, or to impair the discretion of the City in determining whether to exercise any such option for early redemption. Notwithstanding the foregoing, ' 4182-0-Ordinance 29 I 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. J SECTION 6.07. MODIFICATION OR AMENDMENT. (A) The City, from time 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 the Registered Owners of the Bonds then Outstanding, for any one or more of the following purposes: (1) to make any changes or corrections in this Ordinance which the City shall have been advised by legal counsel are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or omission or mistake or manifest error contained 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 3 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 terms hereof; (4) to confirm by further assurance any lien, pledge 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, j. 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 thereto. (B) The foregoing provisions notwithstanding, (1) no consent of any Registered Owners shall be required with respect to modification or amendment with ■ 4182-0-ordinance 30 AGENDA ITEM#7A NOVEMBER 22,2004 1 ' 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 t than as described in paragraphs (1) and (2) of clause (A) above) shall be effective with respect to any Bonds as to which a Credit Facility is effective without the prior written consent to such modification or amendment of the Credit Facility Issuer. (C) The foregoing provisions of Sections 6.07(A) and (B) notwithstanding, no modification or amendment shall permit a change in the maturity of such Bonds, a reduction in the rate 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 connection with any optional redemption thereof; nor shall any ' modification or amendment either affect the unconditional promise of the City to pay the principal of and interest 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 modifications or amendments, without the consent of the Registered Owners of all such Bonds. (D) Other than as 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 (51%) or more in principal amount of the Bonds then Outstanding and ' affected by such modification or amendment. (E) The foregoing provisions shall not apply to amendments to Section 5.04 ' hereof. SECTION 6.08. 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, but shall be made on the next ' succeeding Business Day, with the same force and effect as if made on the date 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) In any case where any act is required or any notice is required to be given hereunder on any day other 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 att had been performed or such notice had been given on the 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. 1 SECTION 6.09. 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 ' 4182-0-Ordinance 31 j reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of, and in no way affect the validity of, all the other provisions of this Ordinance or of the Bonds. SECTION 6.10. REPEALING CLAUSE. All ordinances of the City, or parts ■ thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict, hereby superseded and repealed. SECTION 6.11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption; provided that Section 3.07 hereof shall not become effective until the prior written consent thereto has been delivered to the City by MBIA J Insurance Corporation, the Credit Facility Issuer for the Refunded Bonds and the outstanding Parity Bonds. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida at a regular meeting duly called and held this Sib day of November, 2004. CITY OF ATLANTIC BEACH, FLORIDA I Approved as to form, sufficiency Mayor and correctness: ii City Attorney J 1 ATTEST: City Clerk I I I 4182-0-Ordinance 32 J ' AGENDA ITEM#7A NOVEMBER 22,2004 1 EXHIBIT A No. R-1 $ UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF ATLANTIC BEACH UTILITIES SYSTEM REVENUE REFUNDING BOND, SERIES 2004 [FORM OF FIRST PARAGRAPH OF CURRENT INTEREST PAYING BOND] DATE OF ' - RATE OF INTEREST MATURITY DATE ORIGINAL ISSUE CUSIP October 1, December , 2004 ' REGISTERED OWNER Cede es Co. PRINCIPAL AMOUNT: 1 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 Amount shown above, ' upon presentation and surrender hereof at the corporate trust office of Wells Fargo Bank, N.A., Jacksonville, Florida, as Bond Registrar and Paying Agent, and to pay solely from such funds, interest thereon from the date of this Bond or from the most recent Interest.Payment Date to which interest has been paid, whichever is applicable, at the Rate of Interest per annum set forth above such interest to the maturity or prior redemption hereof being payable on April 1, 2005, and thereafter on April I and October 1 of each year by check or draft mailed to the Registered Owner at his address t 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 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 principal of, premium, if any, and interest on this Bond are payable in lawful money of the United States of America. 1 • 1 4182-0-Ordinance 33 I )FORM OF FIRST PARAGRAPH OF COMPOUNDING INTEREST BONDI PRINCIPAL AMOUNT AT DATE OF ISSUANCE PER $5,000 RATE OF INTEREST ORIGINAL DATE MATURITY AMOUNT CUSIP December ,2004 j REGISTERED J 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 trust office of Wells Fargo Bank, N.A., Jacksonville, Florida, 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 payablein lawful money of the United 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 "Hedged Revenues"), all as defined and provided in Ordinance No. 15-95-7 of the City, duly enacted on November 13, 1995, as supplemented by Ordinance No. 15-96-8, duly enacted on March 11, 1996, and Ordinance No. 15-04-10, duly enacted on November 22, 2004 (collectively, the "Ordinance") hereinafter referred to on a parity with the City's outstanding Parity Bonds. This Bond does not constitute a general obligation or indebtedness of the City, and it is expressly agreed by the Registered Owner of this Bond that 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 interest on this Bond or for the making of any sinking fund, reserve or other payments provided for in said J Ordinance. It is further agreed between the City and the Registered Owner of this Bond, that 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, but shall I 9182-0-Ordinance 34 ' AGENDA ITEM#7A NOVEMBER 22,2004 1 constitute a lien only on the Pledged Revenues, in the manner provided in the Ordinance. 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. 1 It is hereby certified and recited that all acts, conditions and things required to be performed to exist and to happen precedent to and in connection with the ' 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 Bond 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 Bond Registrar. ' IN WITNESS WHEREOF, the City of Atlantic Beach, Florida has issued this Bond and 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 t 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 December, 2004. CITY OF ATLANTIC BEACH, FLORIDA (SEAL) Mayor ATTEST: City Clerk , 1 1 4182-0-Ordinance 35 I BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within-mentioned J Ordinance. JNAMEI As Bond Registrar By Authorized Signature ■■ Date of Authentication: December , 2004 I I I I I ■ I i I 4182-0-Ordinance - 36 ' AGENDA ITEM#7A NOVEMBER 22,2004 1 (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 refund a portion of the City's outstanding Utilities System Revenue Bonds, Series 1996 of the City previously issued to finance improvements to the System, under the authority of and in full ' compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law, and the 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$5,000 or integral multiples thereof. This Bond is transferable and exchangeable for Bonds of other authorized denominations at the office ofthe Bond Registrar, by the Registered Owner or. by a person legally empowered to do so, ' upon presentation and surrender hereof to the Bond Registrar together with a request for exchange or an assignment signed by the Registered Owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar, all subject to the 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 and the Bond Registrar may deem and treat the Registered Owner as the 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 and secured by a lien upon and pledge of the Pledged Revenues on a parity with the outstanding Parity Bonds and the Bonds of this issue and series, upon compliance ' with certain conditions set forth in the Ordinance. The City has also reserved the right to defease 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 stated dates of maturity. The Bonds maturing on October, 20_ and ' thereafter are redeemable prior to maturity, at the option of the City, in inverse order of maturity, and by lot within maturity if less than a full maturity, 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: ' 4182-0-Ordinance 37 I I Redemption Period 'Both dates inclusive( Redemption Price (%). J (INSERT TABLE) The Bonds maturing in the year are subject to mandatory redemption prior to maturity by lot at a redemption price of par plus accrued interest to the date of such redemption on October 1 of each year in the years and amounts as follows: j Year Amount Year Amount (INSERT TABLE) I Notice of such redemption shall be given in the manner provided in the Ordinance. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform Commercial Code-Investment 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 to 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 j 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 1 TEN ENT -- as tenants by the entireties J JT TEN -- as joint tenants with right of survivorship and not as tenants in common UNIF TRANS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. ■! I 4182-0-Ordinance 38 ' AGENDA ITEM#7A NOVEMBER 22,2004 1 ' ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns, and transfers unto (Please insert name and Social Security or Federal Employer Identification number of ' assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books ' kept for registration thereof, with full power of substitution in the premises. Dated Signature Guaranteed: ' Signature shall be made by a guarantor institution participating in the Securities ' Transfer Agent Medallion Program or in such other guarantor program - acceptable to the Registrar. 1 ' NOTE: The signature(s) on this assignment must correspond with the name of the Registered Owner as it appears upon the face 111 of the within bond in every particular, without alteration or enlargement or any change whatever. 1 1 1 4182-0-Ordinance 39 I AGENDA ITEM#8A ' NOVEMBER 22,2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to authorize Builders Care to perform CDBG funded housing rehabilitation services at 449 Mako Drive pursuant to the City's 2004- 2005 FY CDBG contract. SUBMITTED BY: Sonya Doerr,AICP, Community Development Director /1 DATE: November 15, 2004 BACKGROUND: This year's Community Development.Block Grant provides $30,000 for housing rehabilitation activities. As in previous years, our grant specifies that these funds will be used to provide basic repairs, such as failed plumbing, heating or hot water, or to correct dangerous structural or electrical problems or other similar problems, which might make a home ' unsafe or uninhabitable, rather than for general renovations or cosmetic upgrades. Staff recommends that the City continue its relationship with Builders Care. This partnership has worked very well for the previous two years, as it allows the City to blend funds with Builders ' Care resources, thereby increasing the cost-effectiveness of our program. Staff is beginning to review applications received for this grant year, and one homeowner has been identified with very urgent needs. This residence is occupied by an elderly homeowner who meets all eligibility requirements. He has applied for assistance previously, but the condition of his home has deteriorated such that he has no running water, no working heat, and ' several serious electrical problems. Builders Care has inspected the residence, and has provided an initial cost estimate of about $12,000 to do the most urgently needed work, including plumbing, electrical, HVAC repairs, kitchen and bathroom repairs, as well as some exterior work to replace rotten siding and repaint the house. The fair market value of this work is approximately $17,000. Staff requests authorization to expend up to $12,000 of CDBG funds for work to this home once our final contract from the COJ is received. (We anticipate receiving the ' final contract back from the COJ within the next few weeks.) Staff also requests that the Commission waive the formal bid procedure for this work in ' accordance with Section 2-236 (1) of the City Code. The proposed blend of Builders Care and SHIP funds, volunteer labor and reduced cost of building materials allows the City to further leverage CDBG housing rehab dollars. (Past history has also demonstrated that the formal bid process for this type of housing construction has not been particularly successful.) ' RECOMMENDATION: Authorize a construction services agreement with Builders Care to expend up to $12,000 for the CDBG funded portion of Housing Rehabilitation for repairs to 449 Mako Drive in accordance with the FY 2004-05 CDBG contract, and approve waiver of the ' formal bid procedure for this work in accordance with Section 2-236 (1) of the City Code for reasons as set forth within this report. ' BUDGET: Account 110-1005-515.83-00, not to exceed $12,000.00 ATTACHMENTS: None. REVIEWED BY CITY MANAGER: _ I AGENDA ITEM#8B NOVEMBER 22,2004 • CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT ' AGENDA ITEM: Provisions for discussion related to Bracket Signs within Town Center and the Central Business District SUBMITTED BY: Sonya Doerr, AICP 20 Community Development Director ' DATE: November 15, 2004 BACKGROUND: As requested, attached is a possible Chapter 17 (Signs and Advertising ' Structures) revision for discussion related to allowing small Bracket Signs to extend into the public right-of-way (such as over sidewalks) within the Central Business District. (Please keep in mind that the Central Business District zoning district extends west to Sherry Drive.) 1 At the request of the City Commission, Staff has coordinated with the Town Center Agency and the City of Neptune Beach regarding their interests related to this issue. The City of ' Neptune Beach is not interested in pursuing any revision of their sign regulations, which would allow signs within (or over) right-of-ways within Town Center. Several legal nonconforming bracket signs exist within the Neptune Beach portion of Town Center, but these were permitted prior to last year's revision of the CONB sign regulations, which are substantively consistent with the COAB sign regulations. The Town Center Agency is generally supportive of the proposed provisions. t 1 ' BUDGET: No budget issues. RECOMMENDATION: Direction to staff. ATTACHMENTS: Provisions for consideration related to bracket signs extending into public right-of-ways within the Central Business District. ' REVIEWED BY CITY November 22,2004 regular meeting I ' AGENDA ITEM#88 NOVEMBER 22,2004 Section 17-29 (a) ' (3) In lieu of the above-described Fascia Signs, a business or Permitted Use may install a single Bracket Sign or a single Marquee Sign in accordance with the following provisions. for discussion: limit to retail and restaurant uses only? ' i. Size permitted: The maximum size of a Bracket Sign or a Marquee Sign shall be determined in the same manner as a Fascia Sign, provided that no such Sign shall have more than sixty (60) square feet of projected Sign Face Area. ii. There shall be not more than twelve (12) inches of clear space adjacent to the Building wall, and such Signs shall not extend or project from the face of the Building more than ten(10) feet. ' iii. No portion of such Sign shall extend above the height of the roof iv. No portion of such Sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any Street side property line. All such Signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any Building. ' v. Within the Central Business District only, and in addition to other permitted Signs, a single Bracket Sign or a single Marquee Sign. may extend above a public sidewalk or pedestrian walkway. The purpose of this provision is to ' provide appropriate and consistent signage for the unique pedestrian environment of the Town Center area. Such Signs shall be located only in accordance with following provisions. 1 (a) May be located only above first floor entryways or first floor windows with no portion of the Sign Display Area exceeding ten (10) feet above the established grade of the adjoining sidewalk or walkway (b) shall provide minimum vertical clearance of eight (8) feet above the sidewalk or walkway. (c) shall provide minimum clearance of six (6) inches from the building facade. (d) shall be separated from any other such Sign by a minimum distance of twenty (20) feet- , (e) shall be conbisfent in size of three (3) feet in width and two (2) feet in depth. ' if) shall give the appearance of traditional wood routed or sandblasted Signs. Materials such as HDU (high density urethane), recycled HDPE (High Density Poly Ethylene) plastics, which give a similar appearance, shall be acceptable substitutes. (g) shall be externally illuminated only and shall contain no electrical components; and (h) shall create no safety hazard or obstruction to public's use of the sidewalk or walkway as determined by the Director of Public Safety. AGENDA ITEM#8C ' NOVEMBER 22,2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommendations for Sidewalk Construction FY04-05 SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: November 22, 2004 BACKGROUND: The FY 2004-2005 Budget includes $80,000 funding for construction of new sidewalks. At the Commission's request, Public Works Department developed a ranking system for evaluating and ranking proposed sidewalk locations. Factors considered included citizen requests, ' traffic safety, pedestrian volume, handicap requirements, • and proximity to City Parks, Beach accesses and Bus Stops, along with ease of construction and utility conflicts. RECOMMENDATION: Staff recommends constructing new sidewalks on Sandpiper Lane (est. cost $17,000), West 3 tl Street (est. cost $13,000), and Main Street (West 9th Street to Levy Road) (est. cost $46,000). Because of funding limitations, Staff recommends t constructing Main Street (West 1st Street to West 9th Street) next fiscal year. If remaining funds permit, Staff recommends constructing approximately two hundred feet of 1 sidewalk on the east side of Seminole Road, south of Seaspray Avenue to complete the sidewalk to the School Crossing at Seaspray Avenue (est. cost $5,000). IATTACHMENTS: Sidewalk Evaluation Summary ' BUDGET: $80,000 in Public Works Streets, Improvements Other Than Buildings Account, 001-5002-541-6300 has been budgeted for sidewalk construction in FY 2004/2005. REVIEWED BY CITY MANAGER: 7/7 1 AGENDA ITEM#8C ' NOVEMBER 22,2004 SIDEWALK EVALUATION SUMMARY Ranking Location SCORE t1 Sandpiper Lane - Plaza Road to Donners Road 70 2 West 3rd St. - Mayport Road to Main Street 68 3 Francis Avenue -Walter Road to Simmons Road 58 4 Main Street-West 1st to Levy Road 60 ' 5 Seminole Road -Vicinity Seaspray Avenue 50 6 West 9th St. - Mayport Road to Main Street 50 7 Jackson Road - Mayport Road to Francis Avenue 50 ' 8 West 6th St. - Mayport Road to Main Street 50 9 West 1st St. -Vet Park turnaround to Main Street 48 10 Aquatic Drive-Atlantic Blvd to Aquatic Garden 45 t 11 Royal Palms Drive -Atlantic Blvd to Cavalla Road 45 12 Sailfish Drive-Atlantic Blvd to Tijuana Flats 45 13 West 1st St. - Main Street to Tideviews Park 40 ' 14 Mandalay Park-Seminole Road to 16th Street (along Ocean) 40 15 Simmons Road - Mayport Road to Francis Avenue 33 16 Seminole Road - Garden Court to 20th Street 30 17 Selva Marina Drive - Saturiba to 20th Street 35 18 Dutton Island Road - Donner Park to Paradise Oaks 25 NOTES: 1 Propose Main Street be done in two parts-the north section(W. 9th St to Levy Road) this year, the southern section(W. 1st St to W. 9th St.) next year. Propose Sandpiper Lane, West 3rd St., Francis Avenue, Main St. North and tSeminole Road this year. I 1 F:PublicWorks/Proposed Work/SidewalkRating_final.xls I AGENDA ITEM#9A ' NOVEMBER 22,2004 November 16, 2004 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission ' FROM: Jim Hanson City Manager SUBJECT: City Manage s Report 1 Super Bowl Banners;The Jacksonville Super Bowl Host Committee is selling banners to businesses advertising the upcoming Super Bowl in Jacksonville. Questions have come up about the need for businesses to get special permits for the banners. The City of Jacksonville Beach is considering the adoption of an ordinance that would, among other things related to the Super Bowl, allow for the temporary placement of these banners. Atlantic Beach's Code already ' allows for the approval of special event banners on private property so no special legislation from the Atlantic Beach Commission will be needed. As long as the banner only notes the event (Super Bowl) and not other advertisements (like a beer or soft drink company) and it is on ' private property, then all the business owner needs to do is register the banner at City Hall before putting it up. The City Code section relating to this is as follows: ' Section 17-33. The purpose of banner signs shall be to promote special seasonal, civic or community events that occur on a temporary basis. A sign permit will not be required for banner signs; however, all banner signs shall be registered with the City of Atlantic ' Beach. No banner sign shall be hung, placed or erected prior to registration on a form as provided by the Planning and Zoning Department, and a payment of fees made be established by the City Commission. Maintenance at Fleet Landing Lift station;The water and sewer systems within the Fleet ' Landing development are owned and maintained by Fleet Landing and not the City of Atlantic Beach. There are also several other private developments served by the Atlantic Beach water and sewer system that are not maintained by Atlantic Beach. Sewer lift stations have been particularly difficult for private owners to maintain and the City has been occasionally asked for help in the past to lend a pump to bypass these stations while repairs are made, or for advice and parts that may not be commonly'available on nights or weekends. The city should be reimbursed ' for time and expenses provided to private facilities and staff recommends that the cost plus 100% administrative fee formula would be fair and reasonable. That is to say that, for any significant use of city's time and resources, the total cost would be added up for personnel, equipment time, and any materials and then a 100% administrative fee would be added to the bill. An agreement with Fleet Landing for these services is attached for the City Commission's review and comment. 1 1 AGENDA ITEM#9A NOVEMBER 22,2004 1 1 November 15, 2004 Memorandum of Understandin between Naval Continuing Care Retirement Foundation, Inc. dba Fleet Landing and the City of Atlantic Beach for Emergency Pumping ' Assistance Fleet Landing is a private business located within the City of Atlantic Beach, including ' privately owned infrastructure. Fleet Landing is a non-profit retirement village that includes health care facilities for residents and visitors. Upon occasion, Fleet Landing may require assistance with operation of its wastewater pumping facility. The City of Atlantic Beach will provide assistance during emergencies, upon request, with the following covenants: o The City will charge Fleet Landing for the use of its vehicles, equipment, and personnel, based on their standard hourly rates,including employee benefits. ❑ In addition to the hourly rates, an overhead charge will be included, at a rate of 100 percent of the hourly rates. ❑ If an emergency requires the use of City vehicles, equipment and personnel for City purposes, City functions shall take priority over any assistance to Fleet Landing ' The City will submit invoices to Fleet Landing after each event during which the City provided assistance. City Manager -Date Fleet Landing CEO Date 1