03-13-61 v 4eei1°ib216;iiYIO 3'aTCst:•..Lv.?
CITY OP ATUMTIC BEACH
MARCH 13,9 1961
1. Call to Order.
2. Minutes of Meeting of February 270 1961.
3. Bids on Police Car.
4. Recognition of Visitors.
5. Communication to Con isotion.
1. Legislative Programa, Florida League of Municipalities
2. John R. Gurt ler.,
6. City Manager.
1. Gas Installations, Royal Palms and Atlantic Gardens.
1. Cathodic Pxotectian, Elevated Water Tank.
3. Purchase of 4" Double Diaphram Pump
4. Tax Assessor, Review of A43S3escments<3.
5. Lift Station nF o Royal Palma. tes, * G / - ir
o Accepting Streets, etc. , Atlantic Beach Villa-Unit 41. t1416/- 11-
7.
l. G1i16/- y-/// --------
7. Mayor-Commissioner aowel1
1a Appointment of board of Assessment Review
Resolutions.
1. Award of Con,tract,. Donner flew ^r District s / - 3
90 Ordinances.
1. Dog Ordinance First, Reading.
10. Commissioners.
1,
a�yr
MINUTES OF THE REGULAR MONTHLY MEETING OF THE ATLANTIC BEACH
CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, MARCH 13TH,
1961 AT 8 P.M.
Present:
Wm. S. Howell
Preben Johansen
J.B. 'Claiborne
Chas. R. Moore
W. Laney Whitehurst, Commissioners
and
Frank Thompson, City Attorney
J.T. Waggoner, ' Jr. , City Manager
Adele S. Grage, City Clerk
The meeting was called to order by the Mayor-Commissioner,
Mr. Howell.
Minutes of the meeting of February 27th, 1961 were approved as
written upon motion of Mr. Johansen, Seconded by Mrs Claiborne
and carried.
Bila were received on a new police car as follows:
Brooks Motors $2317.00 less $525.00- $1792;00
Lynch-Davidson 2511.00 " 670.00- 1841;00
Massey Motors (Dodge) 2447;95 " 450:00- 1997;95
Platt-Pontiac 2891;56 " 750.00- 2141.56
Thor-Chevrolet 2920.55 " 1180.55- 1740.00
Mr. Claiborne moved that the bids'be referred to the Commission
acting as a CoMmittee to tabulate, study,and authority to buy,
seconded by Mr. Johansen and carried.
Mr. Howell recognized visitors present and called for any busi-
ness from the floor. Mr. David DiCapua and Mr. Bill Stark pre-
sented a plan of the American Heritage Life Insurance Co. which .
they wish to sell to city employees on a payroll deduction plan.
They requested the Commission to authorize them to contact city
employees on this plan, stating that the only'.expense to the City
would be the bookkeeping and payments to them. The matter was
discussed and it was the consensus of opinion that the Commission
has no objection to their contacting city employees so long as it
is understood that the Commission is not endorsing one insurance
company over another.
A bulletin was presented from the Florida League of Municipalities
setting out 1961 proposed Legislative Acts that will be of inter-
est to municipalities .
A letter was presented from Mr. John Gurtler protesting the ser-
vice charges against his 10 duplexes which he advises are only
50% rented. It was brought out in the discussion that if he has
a complete duplex vacant that he can order the services discon-
tinued until such a time as it is rented, then have turned back
on for a ;2.00 charge. If one part of a duplex is remtted then
this could not be done as each duplex is on one meter. Mr.
Waggoner is to write Mr. Gurtler advising what can be done in
line with provisions of Ordinance.
( 4 , '
Minutes 3-13-61, Page #2
A letter was presented from the LP Gas Division of the State
Treasurer's Office advising that the Interstate Contracting Co.
is a licensed LP Gas Dealer whose plans and construction of an
underground distribution system, serving Royal Palms, were approv
ed .by their office, and -the same is true of Atlantic Gardens, Inc .,
Wm. S. Smith, President. Theyhave made a preliminary inspection
of each of these installations . The City has also inspected and
tested these lines up to 115# and found satisfactory and "no leaks" .
Deputy Director-David T. Hansen of the LP office of the State
will contact Mr. -Waggoner in the immediate future and go over
regulations, etc. covering these systems . Dr. Whitehurst moved
that with the appearance of the State's representative, and upon .
his and Mr. Waggoner' s satisfactory OK that the installation be
approved, seconded by Mr. Moore and carried.
Mr. Waggoner advised that Mr. Walter Parks , our City Engineer,
approves of the cathodic protection for our elevated water tank,
and that he recommends that we go ahead as soon as -possible and
have this done. It will dost approximately X1,100.00 and is
set up in the 1961 budget. It was discussed and Mr. Claiborne
moved that the City Manager be' authorized to proceed with this
protection as soon as possible, seconded by Mr. Moore and carried.
Mr. Waggoner asked permission to purchase a 4" double diaphram
water pump, which is in 1961 budget. It is badly needed and he
can purchase for 51140.00 less 10%. The matter was discussed and
it was brought out that we should get additional proposals. Dr.
Whitehurst moved that we invite proposals for a 4" Tdouble diaphram
pump and have for the next meeting, seconded by Mr. Johansen and
carried.
Mr. Waggoner advised that if we plan to have the Tax Assessor
study and review the Tax Roll for 1961 we; should authorize him
to start. This is also set up in the 1961 budget. Mr. Claiborne
moved that the Tax Assessor go ahead with reviewing the assess-
ments for the 1961 Roll, seconded by Mr. Moore and carried.
Mr. Waggoner advised that P'Ir. Robt. Wright is still complaining
re: the noise of the heat pump next door to his home . Mr. Clai-
borne advised that if Mr. Waggoner will contact the manufacturer's
of this installation, he feels sure they will work with him every
way possible, as they do not want this kind of publicity, and are
anxious to lessen this noise problem. Mr. Waggoner is to make
necessary contact and report to the Committee next Monday night.
Mr.Ldmis O.Holloway advised that he would get the Wall lowered
to 4 feet to-morrow morning on his Lot 4, Block 54.
Mr. Howell advised that the terms of all members of the Board of
Assessment Review will expire on June 24th, 1961 and that appoint-
ments would have to be made before that date for new members. He
asked that the Commission give this some thought as to suggestions
for appointments in line with requirements set up in the charter.
r ' r
MINUTES 3-13-61, Page #3
Mr. Howell presented and read in full Resolution ; 60-3 awarding
the bid to Stevens Southern Co . for the construction of the sani-
tary sewer system for Donner"Areas G and H" . There was a discus-
sion during which the amount for these areas was corrected to
read' j54,388.70 ( there was a typographical error in copy present-
ed. ) , and the words "sof said "Areas G & H"" -were inserted just
before " Now therefore be it resolved" . Mr; Moore moved that the
said Resolution-#6i-3 be adopted as amended, seconded by Mr. Johan-
sen and carried. Copy of Resolution # 61-3 is attached to these
minutes and made a part thereof.
Resolution #61-4 was presented and read in full covering accepting
of paving, sewer lines, etc . in Forrestal Circle, Atlantic Beach
Villa Unit #1. It was advised that we have a letter on hand from
the Insurance Company advising that the bond covering this was
effective and copy would be sent the City within a couple- of days.
Whereupon Dr. Whitehurst moved that the said Resolution #61_4 be
adopted effective .upon receipt of said Bond, seconded by Mr. Clai-
borne and carried. Copy of Resolution #61-4 is attached to these
minutes and made a part thereof.
Mr. Johansen presented a new Ordinance Regulating the keeping of
dogs in the City of Atlantic Beach, etc. in writing in full and
moved its adoption by title only on first reading, seconded by
Mr. Claiborne and having been duly considered the Mayor put the
question thereon and the unanimous vote was in favor thereof.
the Date for Public Hearing was set for March 27th, 1961 at 8 P.M.
Mr. Claiborne advised that most of the matters that have come be-
fore the Commission have been turned over to Mr. Johansen and his
committee for investigation, which has overworked this committee
and'been very unfair to them. He feels they have done a very good
job, but have been imposed upon , and that the committee should be
dissolved and the -Commission should handle these matters that come
before them. Mr. Claiborne moved when Zoning Committee have dis-
pensed with all cases now in their hands that they'be dissolved
with the full and sincere thanks of the Commission, seconded by
Mr. Moore and carried.
The proposed Certificate of Indebtedness from the Interstate
Contracting Co. was presented covering Lift Station "F" and Force
Mains in Royal Palms Unit ,t2-A. The certificate is in principal
amount of X20,000.00 plus 6% interest; but in no event shall the
City pay more than a total of- t23,852.31. There was considerable
discussion following which Mr. Johansen presented Resolution #61-5
awarding the contract forj..iift Station "F" and Force Mains to the
Interstate Contracting Co . and approving the Certificate of Indebt-
edness as presented as payment of said contract, providing Inter-
state Contracting Co. produces evidence that Engineering fee has
been paid to Mr. Walter J. Parks , Engineer, and moved its adoption,
seconded by Dr. Whitehurst and carried. Copy of said Resolution
Minutes 3-13-61, Page #4
#61-5 is attached to these minutes and made a part hereof.
There being no further business Mr. Howell declared the meet-
ing adjourned.
/00/Adk ‘if
Wm. S. Howell, Mayor-
Commissioner
Attest:
fg(
adz& ir
Adele S. Grage, City C1/1
RESOLUTION NOe L - TS
A RESOLUTION ACCEPTING THE BID OF STEVENS
SOUTHERN COMPANY FOR THE CONSTRUCTION OF
THE SANITARY SEWER IMPROVEMENTS TO BE CON-
STRUCTED AS CONTEMPLATED BY RESOLUTION
NO. 60-28.
WHEREAS, by Resolution No, 60-28, adopted by the City
of Atlantic Beach on the 28th day of November 1960, it was
ordered that the sanitary sewer improvements particularly de-
scribed in said resolution be constructed, and that the lots
and lands to be served by the said sanitary sewer improvements
be assessed for the benefits in the manner as particularly set
forth in said resolution; and
WHEREAS, Walter J. Parks , Engineer for said City, did
prepare in duplicate plans and specifications for said improve-
ments and an estimate of the cost thereof, and did also prepare
in duplicate a tentative apportionment of the estimated cost
as between the City and each lot or parcel of land subject to
special assessment under such resolution, and did file with
the Clerk of the City one copy of such plans and specifications
and one copy of such estimated cost and such tentative apportion-
ment; and
WHEREAS, at a regular meeting of the City Commission
held on the 9th day of January 1961, after the publication
of notice as provided in said resolution and by law, the said
Resolution No. 60-28 was duly confirmed by said City Commission;
and
WHEREAS, the Clerk of the City did publish, in
accordance with law, notice calling for sealed bids for the
construction of said work and bids therefor have been received
by the City Commission; and
WHEREAS, Section 8---18 of the Specifications prepared
by Walter J. Parks, Jr. , Consulting Engineer, reserves to the
City the right to limit the scope of the work awarded to those
parts thereof designated "Area G and H" if sufficient funds are
not in hand to permit the award of all work shown on the plans
of said improvement; and
WHEREAS, sufficient funds are not in hand to award
all of said work and the City Commission has determined to
award to the low bidder that portion of the work designated
as "Area G and H" and said commission has found and deter-
mined that the bid of $54, 388.70 submitted by Stevens-Sou-
thern Company for the doing of said work designated "Area
G and H" aforesaid is the best low bid for the doing of said
work and that said Stevens-Southern Company is the lowest
responsible bidder of said"Areas G and H",
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
1. That the bid submitted by Stevens-Southern Com-
pany, for the construction of that portion designated "Area
G and H" of the sanitary sewer improvements, contemplated by
said Resolution No. 60-28 and as shown and contemplated by
said plans and specification for said improvements prepared
by said Walter J. Parks, be and the same is hereby accepted,
and that upon the furnishing of bond of the character pro-
vided in said specifications and approved as to form and
correctness and as to surety by the City Attorney, the pro-
per officers of this City be and they are hereby authorized
and directed to execute on behalf of the City a contract
with said Stevens-Southern Company for the construction by
it of said sewer improvements as aforesaid. Said contract
is to be approved as to form and correctness by the City
Attorney.
Passed by the City Commission on flcxN.A-L, 1961.
Attest: /
a6e,,ta_12
City Clerk
(SEAL)
- 2 -
RESOLUTION NO. 61 - 4
WHEREAS, Fred L. Ahern, developer of Atlantic Beach
Villa Sub-division, Unit #1 has completed all the
sewer lines, storm drainage lines, curbs and gutters,
and paving in Forrestal Circle, and
WHEREAS, the facilities have been installed accord-
ing to the approved plans and specifications and
have been inspected by the City Forces, and
WHEREAS, Fred L. Ahern has posted a one year main-
tenance bond in the amount equal to 10% of the cost
of this construction to insure their proper construc-
tion,
NOW THEREFORE BE IT RESOLVED BY THE CITY OF ATLANTIC
BEACH, FLORIDA, That,
The City of Atlantic Beach accept these sewer lines,
storm drainage lines, curbs and gutters, and paving
in Forrestal Circle for maintenance and operation.
*********************
Passed by the City Commission on March 13th, 1961.
Attest:
City Clerk
(SEAL)
-.l., ,
RESOLUTION NO. 61-5
A RESOLUTION ACCEPTING THE BID OF INTERSTATE
CONTRACTING COMPANY FOR THE CONSTRUCTION OF
THE SANITARY SEWER IMPROVEMENT DESIGNATED
"SEWAGE LIFT STATION F AND FORCE MAIN",
WHEREAS, the action of the City Commission of the
City of Atlantic Beach, Florida at the regular meeting on
February 13th, 1961 ordered that the Sanitary Sewer Improve-
ment designated "Sewage Lift Station F and Force Main, " be
constructed; and
WHEREAS, the City Clerk published in accordance
with law Notice calling for sealed bids for the construction
of said work, and bids therefor have been received by the City
Commission; and
WHEREAS, the City Commission has found and determined
that the bid of $23 , 852. 31 submitted by Interstate Contracting
Company, a Florida corporation, is the lowest bid submitted
for the doing of said work; and
WHEREAS, said Interstate Contracting Company has
agreed to accept in payment for the doing of said work a cer-
tificate of indebtedness of the City in the form and of the
tenor of the copy thereof hereto attached and by reference
made a part of this resolution;
NOW THEREFORE, BE IT RESOLVED by the City Commission
of the City of Atlantic Beach, Florida:
1. That the bid submitted by Interstate Contracting
Company, a Florida corporation, for the construction of said
work, as shown and contemplated by the plans and specifications
for said improvements, prepared by Walter J. Parks, the City
Engineer, copy of which said plans and specifications are on
file in the office of the City Clerk of said City, be and the
same is hereby accepted, and that upon the furnishing of bond
of the character provided in said specifications, and approved
as to form and correctness and as to surety by the City Attor-
ney, the proper officers of this City be and they are hereby
authorized and directed to execute on behalf of the City a
contract with said Interstate Contracting Company for the con-
struction by it of said sewer improvement as aforesaid, said
•
i
Resolution No. 61-5, Page 2.
contract to be approved as to form and correctness by the
City Attorney, and to provide that upon the faithful per-
formance of the contract by said Interstate Contracting
Company, the City will execute and deliver to said Inter-
state Contracting Company, in full and complete payment for
said work, a certificate of indebtedness in form and tenor
of said copy thereof attached hereto as aforesaid.
2. BE IT FURTHER RESOLVED that this resolution
shall become effective if and when Hercules, Inc. , a corpora-
tion, or said Interstate Contracting Company shall have paid
said Walter J. Parks, Jr. , for the services rendered by him
in the preparation of plans and specifications for said im-
provement, and all services rendered and to be rendered by
him in connection with said improvement.
* * * * * * *
Passed by the City Commission on March 13th, 1961.
Attest:
(2,c&&_ ,
City Clerk
(SEAL)
V
l
CERTIFICATE OF INDEBTEDNESS NO. 3
CITY OF ATLANTIC BEACH, FLORIDA
$20, 000.00 , 1961
KNOW ALL MEN BY THESE PRESENTS, 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
special fund hereinafter mentioned, the sum of $20, 000.00 with
6% interest per annum, said sum to be paid from said special fund
at the times and in the manner hereinafter set forth; however,
upon payment of the aggregate amount of $23, 852 . 31, both interest
and principal, this indebtedness will be fully satisfied and this
Certificate discharged.
This obligation is issued to finance the costs to the City of
Atlantic Beach for the construction of a sewage pumping and lift
station and force main and designated sewage pumping station "F"
and force main, according to plans and specifications prepz cd
by the City ' s Consulting Engineer, Walter J. Parks, Jr. , 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, of March 13th, 1961, and known
as Resolution No. 61-5, and is subject to all the terms and con-
ditions of said Resolution.
This obligation is payable solely from and is secured by a lien on
a pledge of 40% of the monthly revenues collected and received by
said City from the users of the sewer system of said City served
by said sewage pumping station from the use of same, as hereinafter
set forth, and does not constitute an indebtedness of the City of
Atlantic Beach within the meaning of any Constitutional, Statutory
of Charter provision 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 valorem
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 constitute a
lien upon said sewer facilities 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
herein and in said Resolution.
4
1
The City of Atlantic Beach covenants with the holder of this
obligation that so long as any part of this obligation remains
unpaid, but for no longer period than fifteen years from date
hereof, to levy a sewer service charge in accordance with the
rates as now provided by Ordinance No. 80-59-2 of said City,
upon all persons whose property is served by said sewage pumping
station and force main, as hereinafter set forth, and to pay
annually to the holder of this obligation 40% of all moneys col-
lected 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 fifteen years from
date hetea&ter be insufficient to fully discharge this obligation,
the same shall then and there become null and void and shall stand
discharged to the same extent and with like effect as if the same
has been paid in full.
As hereinbefore provided, the following are the legal descriptions
of the properties from which the revenues collected and received
from the users of the sewer system served by said sewage pumping
station and force main are pledged for the repayment of this
obligation:
Blocks 14, 15, 16; Lots 7 , 8, 9, 10, 11, 12,
13, 14, 15, 16, 17 , Block 27 ; all in Royal
Palms, Unit 2A, as recorded in Plat Book
31, pages 1, 1A, 1B, 1C, 1D, current pub-
lic records Duval County, Florida.
Lots 1, 2, 21, 22, 23, 24, 25, 26, Block
10; Lots 1, 2, 3 , 4, 5, 6, 19, 20, 21, 22,
23, 24, 25, 26, Block 11; Lots 1, 2, 3, 4,
5, 6, 7 , 8, 14, 15, 16, 17 , 18, 19, 20, 21,
22, 23, 24, 25, 26, Block 12; Blocks 13, 17 ,
18, 19, 20, 21, 22, 23, 24, 25, 26; All in
Replat of Part of Royal Palms, Unit 2A, as
recorded in Plat Book 31, pages 16, 16A, 16B,
16C, 16D, current public records of Duval
County, Florida.
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.
Attest: City of Atlantic Beach
By By
Its City Clerk Its Mayor-Commissioner