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06-06-61 v iggICOMMISSION MEETING CITY Cy' ATLANTIC BEACH JUNE ¢e 1961 10 Call to o der 2, Recognition of visitors° 3 City meager 1. Contract, Steven-Southern Co. 2. M w Vacant Lots 3. Tax Rollo 196L 4. Resolutions 16 Royal Palms° Acceptance of Facilities. 2. Interstate Contracting g Coo o Plaza Water Line. 30 Interstate Contracting Coo o Seaspray Sewer Line° 5o Commissioners MINUTES OF THE SPECIAL MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT THE CITY HAT,T, ON TUESDAY, JULIE 6TH, 1961 AT 8 P.M. Present: Wm. S. Howell Preben Johansen J.B. ,Claiborne Chas. R. Moore W. Laney Whitehurst, Commissioners and J.F. Waggoner, ' Jr. , City Manager Adele S. Grage, City Clerk Absent: Frank Thompson, City Attorney This Special Meeting was called pursuant to rules governing meetings. The meeting was called to order by the Mayor-Commissioner, Mr. Howell. The Mayor recognized visitors present and called for any busi- ness from the floor. There was no business other than that on the agenda. Mr. Waggoner advised that the contractors , Steven-Southern Co., are just about through with the contract work in Donner sub- division and will have to have a decision as - to whether we will do the Levy Road extension at this time. Mr. Waggoner recommend. that we not do the sewer line - extension on Levy Road at this time but rather take bids on' the W. 2nd St. sewer line, which has been engineered by Mr. -Parks , again taking an optional bid on the Levy Road line. The W. 2nd St. line will serve more houses and also the business district lying west of Mayport Road on Atlantic Boulevard. Mr. Waggoner estimated that the W. 2nd St. line will cost approximately $16 ,000.00 and that we should have approximate- ly $19,00Q.00 in the Sewer Fund when we have finished the "Donner Contract" . The matter was discussed at length following which Mr. Johansen moved that we call for bids on the W. 2nd St. exten- sion with an optional re-bid on the Levy Road extensionwhich shall go 100 feet further west than the present Levy Rd. bid . covers , seoonded by Mr. Claiborne and carried. Mr. Waggoner advised that he could cut quite a•few of the vacant lots with the new mower in a minimum of time, and if the Com- mission wished it at "no cost" in the interest of City beautifica- tion. The consensus of opinion was that this not be done , but to proceed in line with the Lot Cleaning Ordinance, for all lot clean- ing. Mr. Waggoner advised that the 1961 Tax Roll cannot be ready for public inspection by July 1st and requested an extension of time to August 1st. It was also advised that it will be almost impos- sible for the Assessor to revalue the entire roll this year and complete all the mechanics involved in making the changes and requester that we just add the new structures and sub-divisions, and correct errors on the 1961 roll, then after it is finished and all bills Minutes 6-6-61, Page #2 have been sent out, we will start on the 1962 roll making the new assessment changes in line with the figures now being prepared by the Assessor. Regret was expressed that we do not have the new figures ready for the 1961 roll, but it was brought out that with the tremendous amount of detail involved that time just doesn' t permit. There was further discussion following which ] r. Moore moved that the request be gated and the time for opening of the 1961 Tax Roll for Inspection:be extended to August 1st, seconded by Mr. Claiborne and carried. Mr. Claiborne presented Resolution #61-15 accepting paving, sewer and water lines, etc. in certain streets in Royal Palm Unit #2A and moved its adoption, seconded by Mr. Moore, • and having been duly considered the MayOr put the vote thereon, and the motion was unanimously carried. Copy of Resolution #61-15 is attached to these minutes and made a part thereof. Mr. Howell next presented Resolution #61-16 accepting the water line on the Plaza in Royal Palms Unit #1 which Resolution also sets forth the certificate of indebtedness to cover cost of said line and specifies that same is to be paid with"40% of sewer ser- vice charges collected from Royal Palms Unit' #1 . Mr. Claiborne moved the adoption of said Resolution #61-16 , seconded by Mr.Moore and having been duly considered the Mayor put the question thereon and it was unanimously adopted. Copy of Resolution # 61-16 is at- tached to these minutes and made a part thereof. Mr. Moore presented Resolution # 61-17 covering the conveyance to the City of the sewage collection system constructed by the Inter-'. state Contracting CO . (developers of Royal Palms) on Seaspray Ave.. between Seminole Rd. 'and Sailfish Drive East, and moved its adop- tion, seconded by Mr. Johansen and having been duly considered the Mayor put the question thereon and the Resolution was unanimously adopted. Copy of Resolution #61-17 with copy of indenture is at- tached to these minutes and made a part thereof. The matter of a City Park and playground was discussed at length. It was questioned whether we would have one or two playgrounds , and if only the one at the Fire Station site, then it was suggested that the City Manager make a study of the facilities needed and whether there is sufficient ground for same and if not how much more land would be needed, etc . and that this information be brought back to the next commission meeting and be made available to the Hercules people who have expressed an interest in helping develop a play- ground in the City. It was advised that the paving of Ocean Blvd. was set up in the secondary road budget and that we are keeping in touch. Mr. Howell asked the commissions opinion as to furnishing City ser- vices to an area between 13th and 19th Sts. east of Seminole Road to Beach Ave. in North Atlantic Beach. It was the consensus of opinion that if the developer provides the water and sewer lines built' in accordance with City' s specifications to connect to City lines, the City would serve same at outside City rates as specified. Meeting 6-6-61, Page #3 in Ordinances covering outside City customers. There being no further business the meeting was declared adjourned by Mayor Howell. m. . 'o4e , ayor- ommissioner Attest: CLC". Adele a. -Drage, City 1-rk RESOLUTION NO. (i 14 WHEREAS, the Interstate Contracting Company, developers of Royal Palms Subdivision, have completed all of the sewer lines, water lines, storm drainage lines, curbs and gutters, and paving in Cavalla Road and Vecuna Road between Royal Palms Drive and Sailfish Drive East, in Royal Palms Sub- division Unit 2A, and, WHEREAS, the facilities have been installed according to the approved plans and specifications and have been in- spected by the City Forces and, WHEREAS, the Interstate Contracting Company has posted a one year maintenance bond in the amount of $2, 200.00 to insure their proper construction, NOW THEREFORE BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH, FLORIDA, that, The City of Atlantic Beach accept these sewer lines, water lines, storm drainage lines, curbs and gutters, and paving in Cavalla Road and Vecuna Road between Royal Palms Drive and Sailfish Drive East, in Royal Palm Subdivision Unit 2A for maintenance and operation. Passed by the City Commission on Yom,- 6 , 196 L. Attest: City Clerk (SEAL) RESOLUTION NO. 61-16 WHEREAS, the Interstate Contracting Company, a Florida Cor- poration, developers of the Royal Palms Subdivision in the City of Atlantic Beach is constructing all of the water lines, gravity sewer lines, storm drainage, streets, etc, in said Subdivision, and, WHEREAS, the Interstate Contracting Company has constructed, in accordance with plans and specifications approved by Walter J. Parks, Consulting Engineer, at its own expense, an eight inch water line together with the necessary valves, fire hydrants, fittings, services, etc. on and under the public right-of-way of the Plaza between Mayport Road and the Easterly boundry of said Subdivision, and, WHEREAS, the City Commission, prior to said construction, found and determined that said water line was necessary to the health and general welfare of the City and its inhabi- tants and that said water line will benefit the area beyond said Subdivision, and agree with said Interstate Contracting Company to reimburse it for the cost of the construction of said improvement in the amount and manner as hereinafter provided. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA; 1. That the said City does accept said water lines and that a Certificate of Indebtedness in the amount of $8, 600.00 in substantially the following form shall be ex- ecuted and delivered to said company by the Mayor-Commis- sioner and City Clerk under the seal of the City. CERTIFICATE OF INDEBTEDNESS NO. CITY OF ATLANTIC BEACH, FLORIDA $8,600.00 , 1961 KNOWN ALL MEN BY THESE PRESENT, that the City of Atlantic Beach, Florida for value received hereby promises to pay to the order of Interstate Contracting Company, a Florida corporation, from the special fund hereinafter mentioned, the sum of $8, 600.00, with 6% interest per annum, said sum to be paid from a special fund at the times and in the manner hereinafter set forth; however, in no event shall total interest and principal payments exceed 510, 304.72, and upon payment of aggregate amount of $10, 304.72 then this Certifi- cate shall be fully satisfied. Resolution No. 61-16 Page 2 This obligation is issued to finance the cost to the City of Atlantic Beach of an Eight Inch Water Line on and under Plaza Street right-of-way constructed by Interstate Contract- ing Company; and under authority of and in compliance with the Constitution and Statutes of the State of Florida and the Resolution duly adopted by the City Commission of the said City on June 6. , 1961 and known as Resolution No. 61-16, and is subject to all terms and conditions of said Resolution. This obligation is payable solely from, and is secured by a lien on and a pledge of 40% of the monthly revenues collected and received by said City from the users of the sewer system of said City serving residences and building now located and to be located in Royal Palms, Unit One as per Plat Book 30, pages 60 and 60A, current public records, Duval County, Florida; being at least 171 residences; and does not con- stitute an Indebtedness of the City of Atlantic Beach within the meaning of any Constitutional, Statutory of Charter pro- vision or limitation, and it is expressly agreed by the holder of this obligation that such holder shall never have the right to require or compel the exercise of the ad va- lorem taxing power of said City for the payment of this obligation or any part thereof. It is further agreed by the City of Atlantic Beach and the holder of this obligation that this obligation shall not con- stitute a lien upon said Water Line nor upon said Sewer Sys- tem or any of the property of said City but shall constitute a lien only on said sewer service charges as and when collected by said City in the manner provided in said Resolution. The City of Atlantic Beach covenants with the holder of this obligation that so long as any part of this obligation re- mains unpaid, but for no longer period than thirty years from date hereof, to levy a sewer service charge in accord- ance with the rates now provided by Ordinance No. 80-59-2 of said City, upon all persons whose property is served by said sewer systems located in said Royal Palms Unit One, and to pay annually to the holder of this obligation on 40% of all moneys collected and received by the City for said sewer service charge on account of and in payment of this obligation; provided, however, that if the funds collected and received by the City and herein pledged as aforesaid, shall after the elapse of thirty years from date hereafter be insufficient to fully discharge this obligation, and the same shall then and there become null and void and shall stand discharged to the same extent and with like effect Resolution No. 61-16 Page 3 as if the same has been paid in full. IN WITNESS WHEREOF the City of Atlantic Beach has executed this obligation and has caused the same to be signed by its Mayor-Commissioner and the Corporate Seal of .the said City to be affixed hereto, Attested by its City Clerk this day of , 1961. Signed, sealed and delivered CITY OF ATLANTIC BEACH in the presence of: Its Mayor-Commissioner Attest: Its City Clerk 2. That so long as any part of the aforesaid Certifi- cate of Indebtedness shall remain unpaid but not for a longer period than thirty (30) years from the date of said Certifi- cate, the City shall levy the sewer service charges upon the properties in Royal Palms Subdivision, Unit #1 as covenanted in the aforesaid Certificate of Indebtedness in accordance with the rates as now provided by Ordinance No. 80-59-2 of the City and forty per cent (40%) of all moneys collected and received by the City for such sewer service charges shall be paid annually to the Interstate Contracting Company for payment of said Certificate until same shall be paid and discharged in accordance with the terms thereof. * * * * * Passed by the City Commission of :.the City of Atlantic Beach, Florida, June 6, 1961. Attest: City Clerk (SEAL) RESOLUTION NO. (i7, /- / c/ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: That the City of Atlantic Beach, Florida does hereby accept the proposal of the Interstate Contracting Company, a Florida corporation, to convey and trans- fer to the City the sewage collection system con- structed on Seaspray Avenue between Seminole Road and Sailfish Drive East as particularly described and set forth in the instrument of conveyance attach- ed to this Resolution and that the Mayor-Commissioner and the City Clerk be and the same are hereby authoriz- ed and directed to execute and deliver on behalf of the City the said instrument of conveyance. * * * * * * * Passed by the City ommission of the City of Atlantic Beach, Florida on (o - 1961. Attest: 667C.e,,e-e— „,Adele S. Grage, City Cle , (SEAL) THIS IUDEUTumx, Nods sod meted this the day of . ,�. ...... ._...�►• Sl.r 1961 between the Interstate Contract- ing Com, a timid.' corpem646604 beretnetter seakmd, Dvelopsac, and the City of Atlantic Desch. a eenie pal eerporetion of the Stats st Plarlm►. hsvelmallow maned, City. W3 1. the Developer has esestIuctsd all gravity sewer Lines, senhoLes, stabentS, tl+sseYeti foe hewn eerrees connections cow, prising h image collection mates in and under the p+thlie right -of• q► of $easprt y Alleaum4 between &emtasle Aced mg Saila tiak Drive Sant, all in aco o ulth playas sad Opacifications prepand Sex Fay* sat approved ,y' taltex iir . .4x.. cars. suiting anglaner, perdeMst to se agreement with taw City ter ___ vis rof sage to the QV was ormigs4$,s thanof and rets hmepoommt Sums the City to the Develspar em sesame* of the cost tom!` In tis amaaer &e 1 eciaditiona hczal after set 1 w i I 1 i 1 se I 3 i s 1 s I i d iii •� t7 �i i .i 4 1 3 l 3 4 3 44 kl I ! Ii ill 1 1 .84 "1 I 3 1 - r.; 1 1 1 11 1 i " l'ep i •1 I i ; ! i 111 1 1 i ; 44 I a i 1 i 4: 1 I ' ii I1 ii11 1 i .;'d 1 1 I i I 1 1 i ! ! I. i A i 1 1 : I 1 4 ' ' 4 t NUMMI tir'y Mid emd fflotAl seal in the Colunt:y and Stet. last eiewmae44 tin t o D., L961. ......�. .�, . ....w ..... r._• teata,) eihn OF ?',ORT A manor DUVAL I away ae'rr.ry that on this der. before ne. an officer duly authorised La the :hate and county aforesaid to tate aci nowled,u yests pa ally appeared WLlliais S. Nowell and Adele S. era s yell knewa Wen to be thelawaroCcessissioner of t.hc. z-•a t"; CemMUNWNIS aiy the City clerk reepectiveiy of the corporation aimed ea grantor in the facer**, deed, and that Lholr meverally adcnowl+Mped executing the sae in the preemie. of two sub. scribing uttneeser fly and voluntarily ander atithocity 4uly vested in them Itir said earporpewatien end that the seal affixed thereto is the true mate iii OS Sait,i car; a:a t,.,i.4n. NUMBS wy head end official i alm Ls Id~a County and State Last ate ressU __...___. ._ ..... "' .,1lil.