HomeMy WebLinkAbout11201991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.326
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 20, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. iNVOCATION - No One Available
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
7.
8.
9.
PROCLAMATIONS ~ANNOUNCEMENTS
PUBLIC HEARING, FINAL ACTION - None
PUBLIC INPUT ON AGENDA ITEMS
CONSENT AGENDA
A. Approval of Minutes - 11/13/91 Regular Meeting
B. Request Use of Yacht Club - Bermel Wedding
Reception - 11/24/91 - A/B - Permittee Hellen
Bermel DOB 5/10/14 - Security Paid (Application)
91.327
91.235
91.325
RESOLUTION NO. R-91-43 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 11/8/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTHEAST SIX FEET
OF LOT 5,THE NORTHWEST AND SOUTHEAST SIX FEET OF LOT
6, AND THE NORTHWEST SIX FEET OF LOT 7, BLOCK 207,
SEBASTIAN HIGHLANDS UNIT 8 ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 6 12, iPUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
10. PRESENTATIONS
PGA Management Audit of Golf Course (Staff
Recommendation dated 11/14/91, Report Under
Separate Cover)
11. MAYOR'S MATTERS
12. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
13. CITY ATTORNEY MATTERS
14.
15.
A. Elkcam Waterway Dam Claims (No Backup)
CiTY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
2
91.129
91.045
91.144
90.290
91.328
16.
17.
OLD BUSINESS
A.
RESOLUTION NO. R-91-45 - Authorizing CAVCorp
Property Loan and Related Transactions for
Purchase (Staff Recommendation dated 11/14/91, R-
91-45, City Attorney Opinion, Promissory Note,
Officers' Certificate, Settlement Statement)
A RESOLUTION OF THE CITY OF SEBASTIAN, AUTHORIZING
AND PROVIDING FOR THE ESTABLISHMENT OF A LOAN WITH
BARNETT BANK OF THE TREASURE COAST OF $750,000
PRINCIPAL AMOUNT TO PAY FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY; AUTHORIZING THE ISSUANCE OF
AND THE FORM, DATE, MATURITY, INTEREST RATE AND OTHER
DETAILS WITH RESPECT TO A NOTE TO EVIDENCE THE LOAN;
AUTHORIZING A NEGOTIATED SALE OF THE NOTE TO BARNETT
BANK OF THE TREASURE COAST; DESIGNATING THE
OBLIGATION FOR THE APPLICABLE EXCEPTIONS TO THE
PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE
WHICH DENY FINANCIAL EXPENSE ALLOCABLE TO TAX EXEMPT
OBLIGATIONS; MAKING CERTAIN COVENANTS AND AGREEMENTS
FOR THE BENEFIT OF THE OWNER OF THE NOTE; AUTHORIZING
ACCEPTANCE OF RESPONSIBILITY OF PAYING AGENT AND
REGISTRAR; AUTHORIZING FURTHER OFFICIAL ACTION IN
CONNECTION WITH THE DELIVERY OF THE NOTE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
B. Review and Discuss All Options Concerning CR 512
Project (Staff Recommendation dated 11/14/91,
City Engineer Memo dated 11/14/91, Davis Letter
dated 10/22/91) ~ ~ '~H
C. Review Police Station Electrical Service (City
Manager Recommendation dated 11/14/91, City
Manager Letter dated 11/8/91, ADG Letter da~ed
11/13/91 w/ Attachments) ~d~O~PL
D. GDC Status Report (City Manager Recommendation
dated 11/14/91, City Manager Letter dated
11/13/91)
NEW BUSINESS
City Manager Employment Agreement Renewal (City
Manager Recommendation dated 11/14/91, Employment
Agreement)
3
91.329
90.272
18.
Point-O-Woods Subdivision - Petition for
Disincorporation (City Clerk Recommendation dated
11/13/91, City Clerk Memo dated 11/6/91,
Petition, FS 171)
Review Request by Point-O-Woods Developer to
Transfer Maintenance of Streets and Drainage
Facilities to City (City Manager Recommendation
dated 11/14/91, City Engineer Memo dated
11/12/91, Mosby Letter dated 9/24/91, City
Manager Letter dated 8/1/88)
INTRODUCTION OF BUSINESS BY ?HE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
19. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
4
RESOLUTION NO. R-91-43
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTHEAST SIX FEET OF
LOT 5,THE NORTHWEST AND SOUTHEAST SIX FEET OF LOT 6,
AND THE NORTHWEST SIX FEET OF LOT 7, BLOCK 207,
SEBASTIAN HIGHLANDS UNIT 8 ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 6 12, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION I
That the City of Sebastian does herewith vacate, abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The southeast six feet of Lot 5, the northwest and
southeast six feet of Lot 6, and the northwest six feet
of Lot 7, Block 207, Sebastian Highlands Unit 8
according to the plat thereof, recorded in PBI 6 12,
Public Records of Indian River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed. __
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this__day of , 1991.
Kathryn M. O'Halloran, CMC/AAE
(SEAL)
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1991.
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
DATE]". November 8 ~ 199]~
RE:
Abandonment of Easement - Southeast (6) Yeet of Lot 5~
anc! the Nopth~,~est and Southeast (6) +eet o~ Lot. 6 and
the No~'-thwest (6) ,~:eet o-~ Lot 9~ Block 209,~ Sebastian
Hi gh ] ands
I have reviewed the i~'equest +of abandonment of easements and
I have no ~bjections to this adandonment being appr'oved~
provided it is +or the construction of a day c:ar"e cen'~ep on
this prope~'~ty.
Should you have any ~ur"Lhem in+or'mation~ please 6ee't ~r'ee 'L(:~
contact~ our~ m6$ice.
DEE ~ ] k
APPLICATION FOR VACATION OF EASEMENT(S)
~This~E._~.j~//~shall~%n° Ebe,accepted unless completed in full)
*Individual, corporation, etc. - If corporation apply ~rporate .,t: ~:.[
seal below .
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: -'":',;""
(Attach de~cr~ption on attac~ent ~f necessary) .. ""'
DESCRIPTIVE LO~TION OF EASEMENT TO BE ABANDONED:'
APPROXI~TE S~ZE OF EASEMENT~ .feet in length ~ /
(Explain in detail your need to release this easement.).
I. HEREBY CERTIFY that I, the Applicant, own the real property:on..:,,
which the easement I request to vacate exists,..or. I am .aut~,~.~d
, · . · . ' ., : ... . ':._ ,. ,- ;,~'-~.j~;
Attach hereto' the fOllowin~ ........
( ) 1. Map, plat, survey, or clear drawing[ a% leas% 8 ~/2,.~x.ll
. showin~ the parcel of land on which the easement exists
with parcel(s) of land adjacent ~o thm easemsnt're~
( ) 2. Complete ls~al description of the parcel of land on'[which
(N/A) the easement exists if the full description canno~ bs ~'
placed on the lines provided above for the description.
( ) 3. Written authorization of the owner of the parcel of land
(N/A) on which the easement exists if the applicant ls'no~ the
owner.
( ) 4.
( N/A )
( )5.
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A~ DEED'!~"'~;'~;'~qC~:,
OF EASEMENT TO ACCOMPLISH .THE DEDICATION OF THE"NEW 'EASEMENT;,'"i,~?i,;~7..:,Y"~:
· ~ ... , .. , ]~ ~,,,~ ,~ ~. ,',.~ ~.:..,
. .' "' .' ' ':..'.".- k ;!i:t ~"[.~;~i:.'~:4..:'c:..'.
Attach'a check or money order p~yab~e to "The City of ...... ,?:- '~'.,'~?~' :'
Sebastian" upon submittal of this applioation'to ,the" ::' .':,:~ ,',;{.~.:,j~.
Office of the City Clerk. 'This application fee is not'.": .i"?~::~x.'.;.,g~,.',?.'/'~,.'
refundable. The fee is $25.00.' . ,.
· ' "'"- "' '" '":-~'"~"~. ~ '-m ':~.';.',!-.,:,..i :f~,';'""':J"' '""
OTHER: .... v: .,,.. , ,a';':."..f;¥,,'" ....
_~'
..... ~ ......
...,;~ 'r"-.~ L --~;, .... _...
.;:0 ",,i. ,_,' il/'. b -"~'~-'-~:'-';':' ' ~' ~,,.¥,~,--,,.,-',"
~; ~' ..,,, ......... ,~..,.~ __ __
·., ~1% ~'? :"¥: '". '. ' .......... ,.-.,-..... % r,, ¢,,:,-,.,,.,,-
City of Sebastian
POST OFFICE BOx 780127" SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5510
SUBJECT:
P.G.A. Management Audit of
Golf Course
Approved For Submittal By:
City Manager
) Agenda No.
)
) Dept.'origin·
)
) Date Submitted
)
) For Agenda Of
)
) Exhibits:
)
)
)
Golf Cours~
11-14-91
11-20-91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
City Council authorized P.G.A. to perform a management audit of
Sebastian Municipal Golf Course. This is required every three
years by the conditions of the revenue bond. A P.G.A. representative
will be present at the City Council meeting of November 20, 1991
to present the ~eport.
RECOMMENDED ACTION
Review P.G.A. management audit report.
City of Sebastian
POST OFFICE BOX 780127 m SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
S[~J~2T: Closir~ Documents,
Finance (MLH)
Date 9,t~{ ttecl 11/!4/91
l~r~~ 11/20/91
Resolution R-91-45
Attorney's Opinion,
Promissory Note,
Officers' Certificate,
Settlement Statement
I~B~iT/I~D: $ 750,857.49
APP~RIA~IC~
750,000.00 K~UAU~U:
Council has approved the purchase of the 2.2 acre tract adjacent to the Riverview
Park locally known as the CavOorp Property, at the price of $742,500 plus legal
and financing expenses. Enclosed are the closing documents required to effect
that decision. The enclosed documents are the attorney's opinion letter, a
Public Meeting and No Conflict of Interest Certificate, The officers'-
Certificate, The Promissory Note, The disclosure Statement, A Non-Arbitrage
Certificate, and the loan Settlement Statement. Council also should adopt
Resolution R-91-45 authorizing the loan and related transactions.
Move to approve Resolution R-91-45 and authorize the Mayor and City Clerk to sign
all closing documents.
Resolution 91-45
A RESOLUTION OF THE CITY OF SEBASTIAN,
AUTHORIZING AND PROVIDING FOR THE
ESTABLISHMENT OF A LOAN WITH BARNETT BANK
OF THE TREASURE COAST OF $750,000 PRINCIPAL
AMOUNT TO PAY FOR THE ACQUISITION OF
CERTAIN REAL PROPERTY; AUTHORIZING THE
ISSUANCE OF AND THE FORM, DATE, MATURITY,
INTEREST RATE AND OTHER DETAILS WITH RESPECT
TO A NOTE TO EVIDENCE THE LOAN; AUTHORIZING
A NEGOTIATED SALE OF THE NOTE TO BARNETT
BANK OF THE TREASURE COAST; DESIGNATING THE
OBLIGATION FOR THE APPLICABLE EXCEPTIONS TO
THE PROVISIONS CONTAINED IN THE INTERNAL
REVENUE CODE WHICH DENY FINANCIAL
iNSTITUTIONS ANY DEDUCTIONS FOR INTEREST
EXPENSE ALLOCABLE TO TAX EXEMPT
OBLIGATIONS; MAKING CERTAIN COVENANTS AND
AGREEMENTS FOR THE BENEFIT OF THE OWNER OF
THE NOTE; AUTHORIZING ACCEPTANCE OF
RESPONSIBILITY OF PAYING AGENT AND
REGISTRAR; AUTHORIZING FURTHER OFFICIAL
ACTION IN CONNECTION WITH THE DELIVERY OF
THE NOTE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
It is enacted by the City Council of the City of Sebastian, Florida (the "City"):
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the provisions of Chapter 166 and Section 212.055, Florida Statutes (the
"Act"), the Charter of the City of Sebastian, Florida, and other applicable provisions of law.
SECTION 2. DEFINITIONS. The following terms have the following
meanings when used in this Resolution unless the context clearly requires otherwise.
Singular terms include the plural when applicable and vice versa, and terms relating to
persons include firms and corporations.
"Bank" means Barnett Bank of the Treasure Coast.
"Code" means the Internal Revenue Code of 1986, as amended, and all regulations
proposed or promulgated under the Internal Revenue Code of 1986.
"Federal Securities" mean, collectively, (i) direct obligations of the United States of
America or obligations the principal of and interest on which are unconditionally guaranteed
by the United States of America, none of which permit redemption prior to maturity at the
option of the obligor; (ii) bank certificates of deposit fully secured as to principal and
interest by the obligations described in (i); (iii) certificates evidencing ownership of portions
of the obligations described in (i) held by a bank or trust company as custodian, under which
the owner of the investment is the real party in interest and has the right to proceed directly
and independently against the obligor on the underlying obligations if the underlying
obligations are not available to satisfy and claim against the custodian; or (iv) municipal
obligations that have been refunded and are secured by an escrow within which are held
obligations described in (i) or (ii); and any other obligation acceptable to the Bank, which
acceptance must be evidenced in writing.
"Holder" means the Bank, or any other holder of the Note, if the Bank is no longer
the Holder.
"Issuer" means the City, the issuer of the Note.
"Issuance Date" means the day and date that the Note will be issued and delivered
2
to the Purchaser.
"Note" means the promissory note issued pursuant to the Obligation as authorized by
this Resolution.
"Obligation" means the loan from the Bank to the Issuer in an amount of $750,000.00
principal amount.
"Pledged Revenues" means the Issuer's interest in the Local Government
Infrastructure Surtax adopted by indian River County, Florida pursuant to (1) Florida
Statutes Section 212.055(2) and (2) SPECIAL REFERENDUM ELECTION ON THE
LOCAL GOVERNMENT ONE-CENT (1¢) SALES SURTAX held in Indian River County
on March 14, 1989.
"Prime Rate" means the rate of interest publicly announced as its "prime rate" per
annum by Barnett Banks, Inc. The Prime Rate is a reference rate for the information and
use of the Bank in establishing the actual interest rate on the Note. The Prime Rate is not
necessarily the rate of interest charged to any particular class of borrower and may be
adjusted from time to time without notice or demand, effective as of the date and time of
any announced change.
"Purchaser" means the Bank. --
''Regulations'' mean the Income Tax Regulations promulgated by the Internal
Revenue Service under Sections 103, 148 and 150 of the Internal Revenue Code in effect
at the time of the adoption of this Resolution.
"Tax Violation" means the circumstance of interest paid or payable on the Note
becoming includable for federal income tax purposes in the gross income of the Holder as
3
a consequence of any act, omission or event whatsoever and regardless of whether the same
was within or beyond the control of the Issuer, provided only that a Tax Violation will not
occur as a result of any act, omission or event on the part of the Holder. A Tax Violation
will be deemed to have occurred upon (i) the receipt by the Issuer or the Holder of an
original or copy of an Internal Revenue Service technical advice memorandum or statutory
notice of deficiency which holds that any interest payable on the Note is includable in the
gross income of the Holder; (ii) the issuance of a public or private ruling of the Internal
Revenue Service that any interest payable on the Note is includable in the gross income of
the Holder; or (iii) receipt by the Issuer or the Holder of an opinion of a nationally
recognized bond counsel that any interest on the Note has become includable in the gross
income of the Holder for federal income tax purposes. For all purposes of this definition,
a Tax Violation will be deemed to occur on the date as of which the interest on the Note
is deemed includable in the gross income of the Holder.
SECTION 3. FINDINGS. It is found, declared, and determined by the Issuer
that:
(A) Pursuant to the Act, the Issuer is authorized to finance
the undertaking of any capital or other project for the purposes permitted by the
Constitution of the State of Florida.
(B) Pursuant to the Act, the Issuer is authorized to borrow
money and issue notes, bonds and other evidences of debt of the Issuer to carry out the
provisions of the Act.
(C) Pursuant to the Act, the Issuer is authorized to finance,
4
plan and construct infrastructure as defined in the Act.
(D) Pursuant to the Act, the Issuer is authorized to pledge the
Pledged Revenues for the purpose of servicing new bond indebtedness incurred pursuant
to law.
(E) It is in the best interest of the Issuer to sell the Note by a
negotiated sale, allowing the Issuer to enter the market at the most advantageous time,
rather than at a specified advertised date, permitting the Issuer to obtain the best possible
price and interest rate on the Note; and accordingly, it is in the best interest of the Issuer
that a negotiated sale of the Note be authorized. The Bank has offered to purchase the
Note from the Issuer and the Issuer finds and determine that it is in the best financial
interest of the Issuer that the offer be accepted and that officers of the Issuer be authorized
to accomplish all necessary acts to conclude the issuance and delivery of the Note to the
Purchaser.
(F) The Issuer desires to qualify the Note for the exception to
the provisions contained in the Code which deny financial institutions any deduction for
interest expense allocable to tax-exempt obligations acquired after August 7, 1986, and to
designate the Note for the purpose of qualifying for the exemption; and the Issuer finds and
determines that the aggregate face amount of all tax-exempt obligations (as defined in
Section 265(b)(3)(C) of the Code) issued by or on behalf of the Issuer (and all subordinate
entities of the Issuer) during the 1991 calendar year is not reasonably anticipated to exceed
$10,000,000, and that as of the date of this Resolution, no tax-exempt obligations issued or
authorized to be issued by or on behalf of the Issuer (and all subordinate entities of the
5
Issuer), other than the Note, have been designated by the Issuer for the purpose of
qualifying for the exemption.
(G) The Issuer desires to qualify the Note for the small
governmental units exception to the arbitrage rebate requirements imposed by the Code
upon tax-exempt obligations such as the Note issued after September 1, 1986; and the issuer
finds and determines that it is a governmental unit with general taxing powers, that at least
95 percent of the net proceeds (as defined in the Code) of the Note will be used for local
governmental activities of the Issuer, and that the aggregate face amount of all tax-exempt
obligations, other than private activity bonds (as defined in the Code), issued by or on
behalf of the Issuer (and all subordinate entities of the Issuer) during the 1991 calendar year
is not reasonably expected to exceed $5,000,000.
(H) This Resolution is declared to be and will constitute a
contract between the Issuer and the Holder; and the covenants and agreements provided
in this Resolution to be performed by the Issuer are and will be for the benefit, protection
and security of the Holder, all of which will be fully enforceable by the Holder in
accordance with their terms.
SECTION 4. DESIGNATION OF..NOTE. For purposes of qualifyiiag the Note
for the exception, contained in Section 265(b)(3) of the Code, to the provisions contained
in the Code which deny financial institutions any deduction for interest expense allocable
to tax-exempt obligations acquired after August 7, 1986, the Issuer designates the Note for
that exception.
SECTION 5. AUTHORI_ZATION OF OB~LIGATION AND NOTE. For the
purposes described in this Resolution, the Obligation is authorized to be issued in the
aggregate principal amount of $750,000. The Obligation will be evidenced by, and there is
authorized to be issued, the Note in substantially the form attached to this Resolution as
Exhibit A, with only the omissions, insertions and variations as may be necessary and/or
desirable (which necessity and/or desirability will be presumed by the Issuer's delivery of
the Note to the Purchaser). The Note will be dated the Issuance Date. The Note will bear
interest from the Issuance Date until maturity at a rate equal to 6.52 percent (6.52%) per
annum, subject to adjustment as set forth in Annex I to Exhibit A and subject to the Default
Rate as defined in the Note; provided that the interest rate will be adjusted to a rate equal
to the Prime Rate if the interest on the Note is declared taxable to the Purchaser in the
event of any Tax Violation. Payments of principal and interest will be made monthly as set
forth in Exhibit A.
Both the principal of and the interest on the Note will be payable in lawful money
of the United States of America at the offices of the Bank, the City or at any place the
Holder may designate in writing by certified mail to the City.
SECTION 6. SPECIAL OBLIGATION. The Obligation and the Note will not
be deemed to constitute a general obligation of the Issuer or a debt, liability or ~-bligation
of Indian River County, the State of Florida, or any political subdivision of each, or a pledge
of the faith and credit of the Issuer, Indian River County, the State of Florida, or any
political subdivision each. The Issuer will not be obligated to pay the Obligation or any
interest on the Note or any other amounts payable with respect to the Note except from
revenues of the Issuer other than funds derived from the levy and collection of ad valorem
7
taxes by the Issuer. Neither the Issuer, nor Indian River County, nor the State of Florida,
nor any political subdivision of each will be directly, indirectly or contingently obligated to
levy or to pledge any form of ad valorem taxation whatever for the payment of the
Obligation.
SECTION 7. COVENANT. TO PAY NOTi*~. The Issuer covenants that it will
promptly pay the principal of and the interest on the Note issued under the provisions of
this Resolution at the place, on the respective dates and in the manner provided in this
Resolution and in the Note. The Issuer covenants that until the principal and interest of
the Note has been paid in full, the Pledged Revenues will not be pledged for the payment
of any other debt without the prior written consent of the Bank. So long as any of the
principal of or interest on the Note is outstanding and unpaid, the Issuer will not issue any
obligation or evidence of indebtedness of any type or character, nor voluntarily create or
cause to be created any debt, lien, pledge, assignment, encumbrance or other charge, which
is secured by the Pledge Revenues, unless the Issuer first obtains prior written approval of
the Bank.
SECTION 8. COVENANTS OF ISSUER. So long as any of the principal of
or interest on the Note is outstanding and unpaid, the Issuer covenants with the Holder as
follows:
(A) Financial Information. The Issuer will provide annual
financial statements to the Bank. The annual financial statements will be audited by a
certified public accountant. The Issuer will furnish within one hundred and twenty (120)
days after the close of each fiscal year a copy of an audit report prepared by an independent
8
certified public accountant in accordance with generally accepted accounting principles,
which annual financial statements, together with any necessary schedules, will be
accompanied by an opinion of independent certified public accountants to the effect that
the financial statements present fairly the financial position of the Issuer as of the close of
the year then ended and the results of operations and changes in financial position for the
year then ended, all in conformity with generally accepted accounting principles applied on
a basis consistent with the prior year. The Issuer will also furnish to the Bank, within the
schedule established for annual financial statements, the annual operating budget and
annual capital project budget and any other financial information reasonably requested by
the Bank.
(B) Small Issuer Exceptiort from Rebate Requiremcmq. The
Issuer represents and covenants that it is a governmental unit with general taxing powers;
that at least 95% of the net proceeds (as defined in the Code) of the Note will be used for
local governmental activities of the Issuer; and that the aggregate face amount of all tax-
exempt obligations, other than private activity bonds (as defined in the Code), issued by or
on behalf of the Issuer (and all subordinate entities of the Issuer), during the 1991 calendar
year is not reasonably expected to exceed $5,000,000.
(C) Notice of. Tax Violation. The Issuer covenants that it will
immediately give notice to the Holder of any Tax Violation.
(D) Private Loan, Limi~ti0n. The Issuer covenants that not in
excess of five percent (5%) of the net proceeds of the Note is used, directly or indirectly,
to make or finance a loan (other than loans constituting nonpurpose investments or
9
assessments) to persons other than state or local government units.
(E) Pledged Revenue~. The Issuer covenants that until the
principal and interest of the Note has been paid in full, the Pledged Revenues will not be
pledged for the payment of or security for any other debt without the prior written consent
of the Bank.
(F) Surtax Collection Inform. ation. The Issuer covenants that
upon request, the Bank will have the right to receive and review certified sales surtax
collection information.
(G) Covenant to Budget and Appropriate,. The Issuer
covenants to budget and appropriate legally available funds in an amount necessary to pay
principal and interest due under the Note.
(H) Use of Proceeds. The Issuer reasonably expects that the
following aggregate percentage of the spendable proceeds will be spent by the end of the
following period (measured from the date of issuance) to acquire land to be used as
additional park space, adjacent to Riverview Park, a park owned by the Issuer; 10 percent
within one year; 30% within two years; 60% within three years and 85% within five years.
The Issuer further covenants that neither it, its Council not any third party shall make any
use of the proceeds of the Note at any time during the term which could cause the Note to
be a "hedge bond" within the meaning of Section 149(g) of the Code.
SECTION 9. .EXECUTION OF NOTE. The Note will be executed in the
name of the Issuer by the Mayor and the City Clerk, and its corporate seal or a facsimile
will be affixed to or reproduced on the Note. The Note may be signed and sealed on behalf
10
of the Issuer by any person who at the actual time of the execution of the Note holds the
office, although at the effective date of the Note the person may not have been so
authorized.
SECTION 10. ARBITRAGE AND HEDGE BOND. The Issuer covenants that
neither it nor any third party will make any use of the proceeds of the Note at any time
during its term which could cause the Note to be an "arbitrage bond" or "hedge bond" within
the meaning of Sections 148 and 149(g), respectively, of the Code. The Issuer further
covenants that, with the exception of amounts invested for a temporary period as set forth
in Regulation Section 1.103~14(b), it will not invest or permit to be invested the proceeds
of the Note at a yield higher than the yield on the Note and that it will take all action
necessary to satisfy the requirements of the Regulation. The Issuer further covenants that
it will not invest, or permit to be invested, the proceeds of the Note at a yield that is
substantially guaranteed for four or more years.
The Issuer will keep adequate records, including any necessary certifications, to
evidence the fair market value of any Federal Securities purchased with Note proceeds until
six years after final payment on the Note.
The Issuer covenants and agrees that (i) it will take, and not omit to take, any.
additional action required to be taken pursuant to the instructions from counsel, whether
delivered in connection with or subsequent to the issuance and sale of the Note, in order
to comply with all provisions of the Code compliance with which is required to maintain the
interest payable on the Note as excluded from gross income of the Holder pursuant to
Section 103 of the Code, and that it will take any additional action required to qualify the
11
Note for any applicable exception to the arbitrage rebate requirements imposed by the Code
and to qualify the Note for any applicable exception to the provisions of the Code which
deny financial institutions any deduction for interest expense allocable to tax-exempt
obligations and (ii) all proceeds of the Note, not disbursed within 36 months from the date
of the Note will be used to reduce the outstanding balance of the Note.
SECTION 11. REBA~i~. Based upon the findings and covenants contained in
this Resolution, the Issuer anticipates that it will qualify for the small-issuer exception from
the rebate requirements. However, in the event that the Internal Revenue Service makes
a determination that the Issuer is subject to the rebate requirements, the issuer will be
responsible for the calculation, reporting, and payment to the United States of the requisite
rebate amount.
SECTION 12. AWARD OF NOTE. The issuer, having determined that a
negotiated sale is appropriate due to the nature of the Note and market conditions, accepts
the offer submitted by the Purchaser and awards the sale of the Note to the Purchaser at
the purchase price of $750,000 principal amount, plus accrued interest, if any, to the date
of closing. The Issuer acknowledges receipt of the information required by Section 218.385,
Florida Statutes, in connection with negotiated sale of the Note. A copy of the Purchaser's
letter containing the required information is attached as .~xhibit B. The negotiated sale of
the principal amount of Note stated in the title of this Resolution to the Purchaser is
authorized pursuant to Section 218.385, Florida Statues.
SECTION 13. ,INFORMATION RETURN. The Issuer covenants that it will file or
cause to be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania
12
19255, in a timely manner an Information Return For Tax-Exempt Governmental Bond
Issues (Form 8038-G).
SECTION 14. REGISTRAR AND PAYING AGENT. The Issuer covenants that
it will serve as paying agent and registrar for the Note.
SECTION 15. EVENTS OF DEFAULT AND RELMEDIES. If one or more of
the following events ("Events of Default") happens, that is to say, in case:
(A) default is made in the payment of any installment of the
principal of the Note when the same becomes due and payable beyond any applicable cure
period as provided in the Note, either at maturity or otherwise; or
(B) default is made in the payment of any installment of interest
on the Note when and as the installment of interest becomes due and payable; or
(C) the Issuer (i) admits in writing its inability to pay its debts
generally as they become due, (ii) file (or have filed against it and not dismissed within 90
days) a petition in bankruptcy or take advantage of any insolvency act, (iii) make an
assignment for the benefit of its creditors, (iv) consent to the appointment of a receiver of
itself or of the whole or any substantial part of its property, or (v) be adjudicated a
bankrupt; or
(D) a court of competent jurisdiction enters an order, judgment
or decree appointing a receiver of the whole or any substantial part of the Issuer's property,
or approving a petition seeking reorganization of the Issuer under the federal bankruptcy
laws or any other applicable law or statute of the United States of America or the State of
Florida, and the order, judgment or decree is not be vacated or set aside or stayed within
13
60 days from the date of its entry; or
(E) under the provisions of any other law for the relief or aid
of debtors, any court of competent jurisdiction assumes custody or control of the Issuer or
of the whole or any substantial part of the Issuer's property, and the custody or control is
not terminated or stayed within 60 days from the date of assumption of the custody or
control; or
(F) the Issuer defaults in the due and punctual performance of
any other of the covenants, conditions, agreements and provisions contained in the Note, the
Act or in this Resolution on the part of the Issuer to be performed, and the default
continues for 30 days after written notice specifying the default and requiring the same to
be remedied is given the Issuer by the Holder; or
(G) the Issuer defaults under any contract with or indebtedness
to the Purchaser;
then in each and every case the Holder or an agent or trustee of the Holder may declare
the principal of the Note, together with all accrued and unpaid interest, to be due and
payable immediately and upon the declaration that amount will become due and be
immediately payable, anything contained in the Note or in this Resolution to the contrary
notwithstanding and the Holder may proceed to protect and enforce its rights and the rights
of the Holder by a suit, action or special proceeding in equity or at law, by mandamus or
otherwise, either for the specific performance of any covenant or agreement contained in
this Resolution or in aid or execution of any power granted in this Resolution or for any
enforcement of any proper legal or equitable remedy (including the appointment of a
14
receiver) as the Holder deems most effectual to protect and enforce the rights aforesaid.
No remedy conferred upon or reserved to the Holder in this Resolution is intended
to be exclusive of any other remedy or remedies, and each and every remedy will be
cumulative, and will be in addition to every other remedy given under this Resolution or
now or later existing at law or in equity or by statute.
No delay or omission of the Holder to exercise any right or power accruing upon any
default will impair any right or power or will be construed to be a waiver of any default, or
an acquiescence; and every power and remedy given by this section to the Holder may be
exercised from time to time, and as often as may be deemed expedient.
If an Event of Default happens and is not be remedied, the Issuer or a receiver
appointed for the purpose will apply all legally available revenues as follows and in the
following order:
(i) to the expenses incurred by the Holder or any trustee
or receiver in enforcing the Issuer's obligations, including their reasonable attorneys' and
paralegals' fees and costs, whether or not suit be brought, including the fees and costs at
trial or on appeal;
(ii) to the payment of the reasonable and proper charges;
expenses and liabilities of the receiver;
(iii) to the payment of the interest and principal then due
on the Note.
SECTION 16. AUTHORI....ZATION OF .A. LL OTHER NECE~;SARY ACTION.
The Mayor is the designated agent of the Issuer in connection with the execution and
15
delivery of the Note and is 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 Issuer which are necessary or desirable in connection with the execution
and delivery of the Note to the Purchaser upon payment of the purchase price of the Note.
SECTION 17. NO CONFLICTS. The Issuer covenants that the provisions of
this Resolution do not conflict with or violate any contract or other agreement entered into
or any action taken by the Issuer and that no contract or other agreement will be entered
into and no action will be taken by which the rights of the holder of any note authorized by
this Resolution might be impaired or diminished.
SECTION 18. SEVERABiLITY. If any one or more of the covenants,
agreements, or provisions of this Resolution should be held contrary to any express provision
of law or contrary to the policy of express law, though not expressly prohibited, or against
public policy, or will for any reason whatsoever be held invalid, then the covenants,
agreements, or provisions will be null and void and will be deemed separate from the
remaining covenants, agreements or provisions, and in no way affect the validity of all other
provisions of this Resolution or of the Note delivered under this Resolution.
SECTION 19. REPEALING CLAUSE. All resolutions or parts of any
resolutions in conflict with the provisions of this Resolutions are, to the extent of any
conflict, superseded and repealed.
SECTION 20. MODIFICATION ..~ND AMENDMENT. No material
modification or amendment of this Resolution may be made without the consent in writing
of the Purchaser.
16
SECTION21. EFFECTIVE DATE. This Resolution will take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE iSSUER AS OF THIS
20TH DAY OF NOVEMBER, 1991.
CITY OF SEBASTIAN, FLORIDA
Name: W.E. Conyers
Title: Mayor
(SEA )
ATTEST:
By:
Name:
Title:
Kathryn M. O'Halloran
City Clerk
17
CER_TIFICATION OF RESOLUTION
I hereby certify that the attached Resolution #91-45 dated November 20, 1991 is a
true and correct copy together with any amendments and modifications. Dated as of this
20th day of November, 1991.
By:
Name:
Title:
Kathryn M. O'Halloran
City Clerk
b:\rcscert3.scm
WILLIAM A. GRIMM
OF (~OUNSEL
i~RES~,. FALL~CE, NASH & ~roi~PY, P. ~
A~o~EYS AT ~W
930 $. ~ou ~i~Y
SUITE 505
MELBOU~E. ~L0~DA 32901
(407) 984-3300
FA~X (407) 951-3741
ESTATE PL~NNIN~ ,~NO P~O~A?E
November 20, 1991
City of Sebastian, Florida
1225 Main Street
Sebastian, FL 32958
Barnett Bank of the Treasure Coast
13555 U.S. Highway 1
Sebastian, FL 32958
Re:
The City of Sebastian, Florida
Promissory Note in the Amount of $750,000
Our File No. 91-7382
Ladies and Gentlemen:
I am counsel to the City of Sebastian, Florida (the
"Issuer") in connection with the issuance by the issuer of the
referenced note (the "Note") and the related loan transaction
(the "Loan"), pursuant to a Resolution Number 91-45 duly adopted
by the Issuer on November 20, 1991 (the "Resolution',).
We examined the original, certified copy, or copies of
the proceeedings of the Issuer authorizing issuance of the Note
by the Issuer, including the Resolution, the Note, the Non-
Arbitrage Certificate and the Officers' Certificate --
(collectively, the "Loan Documents") and any other documents,
certificates, and other proofs as we have deemed necessary for
the purpose of rendering the opinions expressed in this opinion
letter.
For the purpose of rendering the opinion expressed
below, we assumed, with your permission and without investiga-
tion: (i) that the Barnett Bank of the Treasure Coast (the
"Lender") is duly organized, validly existing and in good
standing under the laws of the State of Florida and has the power
and authority to carry on its business as presently conducted by
it, with full power and authority to make the Loan and to
execute, deliver, observe and perform the provisions of the Loan
Documents applicable to it; (ii) the authenticity of all
documents submitted to us as originals and the completeness and
conformity with original documents of all documents submitted to
City of Sebastian
Barnett Bank of the Treasure Coast
Page 2
November 20, 1991
us as certified, conformed, photostatic, or draft copies,
including documents submitted to us by facsimile transmission;
(iii) the genuineness of all signatures except for officers and
members of the City County of the Issuer; and (iv) the legal
capacity and authority of all natural persons executing
instruments or documents examined by us or relied upon by us
(whether in their own behalf or on behalf of any entity).
Nothing has come to our attention in the course of this trans-
action which would cause us to believe that matters described
above are untrue.
Based on the foregoing, we are of the opinion that:
1. The Issuer is a public body, corporate and politic,
duly organized and validly existing under the laws of the State
of Florida, and has all necessary power and authority to adopt
the Resolution, enter into the Loan, and issue the Note.
2. The execution and delivery by the Issuer of the
Resolution and the Note and the performance of the covenants in
the Resolution and the Note by the Issuer will not conflict with
or constitute a breach of or default under any existing law,
administrative regulation, court decree, ordinance, or agreement
to which the Issuer is subject as of the date of closing.
3. The Resolution has been duly adopted by the Issuer
and has not been amended, supplemented, or repealed and is in
full force and effect and constitutes a valid and legally binding
contract of the Issuer, enforceable in accordance with its terms.
4. The Loan has been duly and validly authorized~ and -
the Note has been executed and delivered by and on behalf of the
Issuer and constitutes the valid and legally binding obligation
of the Issuer enforceable in accordance with its terms.
5. To the best of my knowledge, after due inquiry, no
litigation or other proceedings are pending or threatened in any
court or other tribunal of competent jurisdiction, state or
federal, in any way, (a) to restrain or enjoin the issuance,
sale, or delivery of the Note; or (b) questioning or affecting
the validity of any of the proceedings for the authorization,
sale, execution, registration, issuance, or delivery of the Loan,
the Resolution; or (c) questioning or affecting the validity of
any of the proceedings for the authorization, sale, execution,
registration, issuance or delivery of the Loan or the Note; or
(d) questioning or affecting the organization or existence of the
Issuer or the title to office of any member of the issuer; or (e)
City of Sebastian
Barnett Bank of the Treasurer Coast
Page 3
November 20, 1991
questioning or affecting the power and authority of the Issuer to
enter into the Loan, issue the Note or adopt the Resolution.
I express no opinion regarding (i) federal tax
consequences arising with respect to the Note or (ii) securities
law matters pertaining to the Note.
It is to be understood that the rights of the Holder
and the enforceability of the Note and the Resolution may be
subject to bankruptcy, insolvency, reorganization, moratorium and
other similar laws affecting creditors' rights heretofore or
hereafter enacted to the extent constitutionally applicable and
that their enforcement may also be subject to the exercise of
judicial discretion in accordance with general principles of
equity.
Sincerely,
FRESE, FA~E, NASH & TORPY, P.A.
By:
CH3~LES I~l' NASH, City Attorney
of City of Sebastian
CIN/clg
THE CITY OF SEBASTIAN, FLORIDA
PROMISSORY NOTE IN AN AMOUNT OF $750,000 PRINCIPAL AMOUNT
Series 1991
PUBLICMEETING _AND NO CONFLICT OF INTEREST CERTIFICATE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
We, the undersigned Mayor and members of the CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA (the "Issuer"), recognizing that the purchaser of the Promissory
Note (the "Note") issued in connection with the above-captioned obligation issued by the
Issuer will have purchased said Note in reliance upon this certificate, do hereby certify,
individually that: (1) no two or more members of the issuer, meeting together, reached any
prior conclusion as to whether the actions taken by the Issuer with reference to transactions
of the Issuer taken with respect to said Note, including adoption of Resolution No. 91-45
(the "Resolution"), should or should not be taken by the Issuer, or should or should not be
recommended as an action to be taken or not to be taken by the Issuer, except at public
meetings of the Issuer held after due notice to the public was given in the ordinary manner
required by law and custom of the Issuer; (2) we do not have or hold any employment or
contractual relationship with any business entity which is purchasing the Note directly, or
through intermediaries; and (3) we are not employees of the governing body of and do not
own a controlling interest in any entity providing services to the Issuer.
IN WITNESS WHEREOF, we have hereunto affixed our official signatures, as of this
20th day of November, 1991.
By: By:
Name: W.E. Conyers
., ~_.__TiIi~.L_ ~ Ma~or ,
...... NgUme: Frank Oberbeck
Title: Vice-Mayor
Name: George Reid
Title: Councilman
Name: Lonnie R. Powell
Title: Councilman
By:
Name: Peter R. Holyk
Title: Councilman
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
ATTEST:
By:
Name:
Kathryn M. O'Halloran
Title: City Clerk
Sworn to and subscribed before me
this 20th day of November, 1991.
(SEAL)
Notary Public, State at Large
My commission expires:
B:\PUBCERTS.SEM
q//29
OFFICER'S CERTIFICATE
THE CITY OF SEBASTIAN, FLORIDA
PROMISSORY NOTE IN THE AMOUNT OF $750,000
SERIES 1991
DATED: November 20, 1991
We, the undersigned officials of the City of Sebastian, Florida (the "Issuer"), in
connection with the obligation described above (the "Note") by and between the Issuer and
Barnett Bank of the Treasure Coast (the "Bank"), DO CERTIFY:
1. The names of the members of the City Council of the Issuer and other officers
of the Issuer and the dates of commencement and expiration of their respective terms of
office are as follows:
NAME.
W. E. Conyers
Frank Oberbeck
Peter R. Holyk
Lonnie R. Powell
George Reid
Robert S. McClary
Kathryn M. O'Halloran
Michael G. Hudkins
TITLE
Mayor
Vice-Mayor
Councilman
Councilman
Councilman
City Manager
City Clerk
Finance Director
TERM BEGINS
March, 1990
March, 1991
March, 1991
March, 1990
March, 1991
Appointed
Appointed
Appointed
TERM END~
March, 1992
March, 1993
March, 1993
March, 1992
March, 1993
2. W.E. Conyers is the duly elected Mayor of the Issuer and his signature below is the
signature of the Mayor.
3. Frank Oberbeck is the duly elected Vice-Mayor of the Issuer and his signature
below is the signature of the Vice-Mayor.
4. Peter R. Holyk is a duly elected Councilman of the Issuer and his signature is
set forth below.
5. Lonnie R. Powell is a duly elected Councilman of the Issuer and his signature
is set forth below.
6. George Reid is a duly elected Councilman of the Issuer and his signature is set
forth below.
7. Robert S. McClary is the duly appointed City Manager of the Issuer and his
signature below is the signature of the City Manager.
8. Kathryn M. O'Halloran is the duly appointed City Clerk of the issuer and her
signature below is the signature of the City Clerk.
9. Michael G. Hudkins is the duly appointed Finance Director of the Issuer and
his signature below is the signature of the Finance Director.
10. Such of the above persons as are required by law to file oaths of office and
bonds or undertakings have duly filed such oaths and filed such bonds or undertakings in
the amount and manner required by law.
11. We further certify that as of the date of the Note, and on this date, the
following officers were and are the duly chosen, qualified and acting officers authorized to
execute the Note:
NAME
W. E. Conyers
Kathryn M. O'Halloran
TITLE
Mayor
City Clerk
12. The Note has been duly authorized pursuant to Resolution Number 91-45 duly
adopted by the Issuer on November 20, 1991 (the "Resolution").
13. The Pledged Revenues (as defined in the Resolution) pledged to the payment
of the Note have not been pledged in whole or in part, directly or indirectly, for the benefit
of any obligations previously issued or incurred by the Issuer.
14. The Issuer has not issued bonds pursuant to Florida Statutes Section
212.055(2)(e) more frequently than once per year.
15. No litigation is pending or, to our knowledge, threatened (either in state or
federal courts) (a) restraining or enjoining the issuance, sale or delivery of the Note, (b)
questioning or affecting the validity of the Note or the Resolution, (c) questioning or
2
affecting the validity of any of the proceedings for the authorization, sale, execution,
issuance or delivery of the Note, (d) questioning or affecting the organization or existence
of the Issuer or the title to office of the officers thereof, or (e) questioning or affecting the
power and authority of the Issuer to issue the Note or to adopt the Resolution.
16. The Issuer has duly performed and complied with all the obligations,
agreements and conditions on its part to be performed or complied with at or prior to the
closing. The Issuer has authorized, by all necessary action, the execution, delivery, receipt
and due performance of the Note, and any and all such other agreements and documents
as may be required to be executed, delivered and received by the Issuer to carry out, give
effect to and consummate the transactions relating to the Note. No other governmental
approvals are necessary for the Issuer to execute, deliver, or perform under the Note or any
related document.
17. We have no knowledge of any legislation adopted by any 1991 Session of the
Florida Legislature that restricts or otherwise adversely affects the Issuer's power to issue
the Note or its ability to provide for the payment of the principal thereof and interest
thereon in the manner provided in the Note and Resolution.
18. To the best of our knowledge, no event affecting the Issuer has occurred since
the date of adoption of the Resolution which either makes untrue or incorrect in any
material respect as of the date of issuance of the Note any statements and information
therein.
19. We further certify that the seal impressed upon this certificate is the legally
adopted, proper and only official seal of the Issuer and that the seal has been impressed or
imprinted upon the Note.
20. On the date of the delivery of the Note, the Issuer was not in default in the
performance or observance of any covenant, condition, agreement or provision of the
Resolution. __
21. The execution, delivery, receipt and due performance of the Note and the
Resolution under the circumstances contemplated thereby and the Issuer's compliance with
the provisions thereof will not materially conflict with or constitute on the Issuer's part a
breach or a default under any existing law, court or administrative regulation, decree or
order, or any agreement, indenture, lease or other instrument to which the Issuer is subject
or by which the Issuer is bound.
3
WITNESS our hands and such official seal as of this 20th day of November, 1991.
SIGNATURE
OFFICIAL TrrLE
W. E. Conyers
Mayor
Frank Oberbeck
Vice-Mayor
Peter R. Holyk
Councilman
Lonnie R. Powell
Councilman
George Reid
Councilman
Robert S. McClary
City Manager
Michael G. Hudkins
Finance Director
(SEAL)
ATrEST:
~y:
Name:
Title:
Kathryn M. O'Halloran
City Clerk
B:\OFFCERT5.SEM
4
EXHIBIT A
PROMI$~,ORY NOTE
$750,000 (the "Principal Amount")
November 20, 1991
FOR VALUE RECEIVED, the CITY OF SEBASTIAN, FLORIDA, (the "Maker"),
promises to pay to the order of BARNETT BANK OF THE TREASURE COAST (the
"Holder"), the Principal Amount (the "Note"), together with interest on the outstanding
principal balance of this Note from the date of issue to the date by payment at the rate of
6.52 percent C6.52%"), provided, however, that interest on this Note will be subject to the
required adjustments provided in Annex 1 attached to and made a part of this Note. In no
event will Interest on this Note ever exceed the maximum interest rate allowed by law, and
the Maker will be entitled to a refund of all unearned interest in excess of the maximum
rate allowed by law. However, in any subsequent period, the rate of interest charged will
be automatically increased to the maximum rate permitted by law until all of the interest
which would have been due under the terms of this Note is paid.
Payments of principal and interest on this Note shall be made in 83 equal consecutive
monthly installments of $11,084 commencing on the 20th day of December, 1991 and
continuing on the 20th day of each month thereafter until such time as the principal balance
has been paid in full, with the final payment in the amount of all unpaid principal together
with interest due thereon due on November 20, 1998 (the "Maturity Date"). The amount
of the monthly payment, as set forth above, has been caluclated assuming an interest rate
of 6.52 percent (6.52%) per annum. In the event that the interest rate is adjusted in
accordance with the provisions of Annex 1 hereto, the monthly payments hereunder shall
be adjusted immediately to provide for equal monthly payments of principal and interest so
that the then remaining principal together with interest at the adjusted interest-Fate shal-1
be fully paid by November 20, 1998.
This Note is issued pursuant to Resolution Number 91-45, duly passed and
adopted by the Maker on November 20, 1991 (the "Resolution") and is secured by a pledge
of the Pledged Revenues (as defined in the Resolution). The Maker covenants and agrees
with the Holder that it will not issue any additional obligations except as provided in the
Resolution.
This Note will not be deemed to constitute a general obligation of the Maker or a
debt, liability or obligation of Indian River County, the State of Florida, or any political
subdivision of each, or a pledge of the faith and credit of the Maker, Indian River County,
the State of Florida, or any political subdivision of each. The Maker will not be obligated
to pay this Note or any interest on the Note except from revenues of the Issuer other than
funds derived from the levy and collection of ad valorem taxes by the Issuer, in the manner
and to the extent provided in the Resolution, and neither the faith and credit nor the taxing
poWer of the Maker, Indian River County, the State of Florida or any political subdivision
of each is pledged to pay the principal of or the interest on this Note. Neither the Maker,
nor Indian River County, nor the State of Florida, nor any political subdivision of each will
be directly, indirectly or contingently obligated to levy or to pledge any form of taxation
whatever for the payment of this Note or make any appropriation for its payment.
The principal and interest under this Note will be payable in lawful money of the
United States of America at such place as the Holder of this Note may designate in writing.
The Maker may repay this Note in full or in part at any time without penalty or premium.
All payments received from the Maker by the Holder will be applied first to interest to the
extent then accrued and then to principal.
If the Maker fails to make the payment of any installment under this Note by the due
date or if the Maker violates any of the terms or breaches any of the conditions of the
Resolution securing this Note within any applicable cure period, the entire principal sum
and accrued interest will become due and payable without notice unless otherarise provided
in the Resolution at the option of the Holder. Failure to exercise this option will not
constitute a waiver of the right to exercise the same at any other time. Upon such default,
the principal of the Note, and accrued and unpaid interest, if any, will bear interest at the
prime rate plus 1% per annum after default until paid. A waiver or release with reference
to one event will not be construed as continuing, as a bar to, or as a waiver or release of
any subsequent right, remedy or recourse as to any subsequent event.
If the Maker at any time defaults in its obligation under this Note, the Maker agrees
to pay Holder within ten days of demand reasonable attorneys' and paralegals' fees and
expenses for the services of counsel employed to collect this Note, whether or not suit be
brought, and whether incurred in connection with collection, trial, appeal or otherwise.
The Maker covenants that, absent prior written consent of the Holder, it will not
make any use of the proceeds of the Note which will cause the Note to be and "arbitrage
bond" or "hedge bond" subject to federal income taxation by reason of Sectionr 148 and
149(g), respectively, of the Internal Revenue Code of 1986, as amended. To that end, so
long as the Note is outstanding, the Maker, with respect to the proceeds of the Note, will
comply with all requirements of Sections 148, 149(g) and all regulations issued under those
Sections, to the extent that such requirements are, at the time, applicable and in effect. The
Maker also covenants that it will comply with all federal rebate requirements.
The remedies of the Holder as provided in this Note will be cumulative and
concurrent, and may be pursued singly, successively or together, at the sole discretion of the
Holder and may be exercised as often as occasion arises. No act of omission or commission
of the Lender, including specifically any failure to exercise any right, remedy or recourse,
will be effective, unless set forth in a written document executed by the Maker, and then
only to the extent specifically recited in the document. A waiver or release with reference
2
to one event will not be construed as continuing, as a bar to, or as a waiver or release of
any subsequent right, remedy or recourse as to any subsequent event. This Note will be
construed and enforced in accordance with Florida law and will be binding on the successors
and assigns of the parties to this Note. The term "Holder" as used in this Note will mean
any holder of this Note.
The Maker waives demand, notice of demand, presentment for payment,
notice of nonpayment or dishonor, protest, notice of protest and all other notice, filing of
suit and diligence in collecting this Note.
THE HOLDER AND THE MAKER KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY
JURY IN RESPECT OF ANY LITIGATION BASED ON THIS NOTE, OR ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS NOTE OR ANY RELATED
LOAN DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEAIJNG,
STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY
TO THIS NOTE OR TO ANY RELATED LOAN DOCUMENT. THE PARTIES
CONSENT TO VENUE IN INDIAN RIVER COUNTY, FLORIDA iN THE EVENT OF
ANY LITIGATION. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE
HOLDER AND THE MAKER INTO THE TRANSACTION EVIDENCED BY THIS
NOTE.
CITY OF SEBASTIAN, FLORIDA
(SEAL) By:
Name: W.E. Conyers
Title: Mayor
Attested and Countersigned:
Approved as to form:
By: By:
Name: Kathryn M. O'Halloran Name:
Title: City Clerk Title:
Charles Ian Nash
City Attorney
B:\PROMNOT6.SEM
3
DISCLOSURE STATEMENT
November 13, 1991
Mayor and Members of City Council
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re:
The City of Sebastian Florida, Promissory Note in the Amount of $750,000
Principal Amount, Series 1991
Ladies and Gentlemen:
Barnett Bank of the Treasure Coast (the "Purchaser") has agreed to purchase from
the City of Sebastian Florida (the "Issuer") the Promissory Note (the "Note") in the amount
of $750,000. The Note is being sold directly to the Purchaser, which has represented that
it is acquiring the Note without any present view toward the redistribution of the Note and
based upon its own credit investigation and without reliance on any findings of the Issuer.
Such representations are reaffirmed by this letter. --
The purpose of this letter is to furnish, pursuant to the provisions of subsection (4)
of Section 218.385, Florida Statutes, as amended, certain information with respect to the
purpose and sale of the Note. We represent to you as follows:
(A) The Purchaser estimates that it will incur no expenses in connection with the
issuance of the Note.
(B) To the knowledge of the Purchaser, no person has entered into any
understanding with either the Issuer or the Purchaser, or both, for any paid or promised
compensation or valuable consideration, directly or indirectly, expressly or implied, to act
solely as an intermediator between the issuer and the Purchaser or to exercise or attempt
to exercise any influence to effect any transaction in the purchase of the Note.
City of Sebastian
November 13, 1991
Page 2
(C) The Purchaser is purchasing the Note at par and, accordingly, no underwriter's
spread is to be realized by the Purchaser.
(D) No fee, bonus or other compensation will be paid by the Purchaser, in
connection with the issuance of the Note, to any person not regularly employed or retained
by the Purchaser (including any "finder" as defined in section 218.386 of the Florida
Statutes) except as listed in Paragraph A above.
(E) There are no underwriters connected with the issuance of the Note, to the
knowledge of the Purchaser.
(F) The address of the Purchaser is 13555 U.S. Highway 1, Sebastian, Florida 32958.
Very truly yours,
BARNETt BANK OF THE TREASURE
COAST
By:
Name: Barbara Tilton
Title: Assistant Vice President
B:\DISCLSE4.SEM
THE CITY OF SEBASTIAN, FLORIDA
PROMISSORY NOTE IN THE AMOUNT OF $750,000
SERIES 1991
NON-ARBITRAGE CERTIFICATE
Pursuant to Treasury Regulation Section 1.103-13(a)(2), the undersigned officials of the City
of Sebastian, Florida (the "Issuer"), hereby certify that the following are their reasonable
expectations with regard to the issuer's Promissory Note in the amount of $750,000 Principal
Amount, Series 1991 (the "Note") authorized by the Issuer's Resolution No. 91-45 dated
November 20, 1991 (the "Resolution"):
A. IN GENERAL
1. Authority of Undersigned. The undersigned are charged, among others, with
responsibility for issuing the Note and are acting for and on behalf of the Issuer in executing
this Certificate.
2. Nature of Certi. ficate. This Certificate accompanies the transcript of
proceedings for the issuance of the Note and describes the Issuer's reasonable expectations,
as of this date, regarding the amount and use of Note proceeds.
3. Date of (~ertificate. This Certificate is made as of the date of issue, that is,
the date on which there is a physical delivery of the Note in exchange for the amount of the
purchase price. --
B. PURPOSES
1. Governmental Purposes. The Note is being issued for the governmental
purpose of acquiring land to be used as additional park space, adjacent to Riverside Park,
a park owned by the Issuer.
2. Not a Replacement Issue. The Note is not being issued to replace any
proceeds of an earlier issue of governmental obligations that were not expended on the
project for which such earlier issue was intended.
3. .No Other Obligations. No other Issuer obligations are being issued at
substantially the same time and sold pursuant to a common plan of financing, which will be
paid out of (or will have substantially the same claim to be paid out of) substantially the
same source of funds.
C. PROCEEDS AND FUNDS
1. Net Proceed. The proceeds from the sale of the Note will be applied first by the
Issuer to pay issuance expenses of the Note and the remaining proceeds will be used by the
Issuer to pay for the acquisition of property to be used as park space as more particularly
described in the Resolution. It is expected that all of the proceeds from the sale of the
Note and the earnings from the investment thereof will be expended within two years
following the date of issue of the Note and amounts are expended within the following
periods:
10 percent within one year; 30% within two years; 60% within three years and 85% within
five years
a.
b.
C.
C.
10 percent within one year;
30 percent within two years;
60 percent within three years; and
85 percent within five years.
2. No Other,. Fund or Accolln~. No funds or accounts other than the account in
which the Pledged Revenues (as defined in the Resolution) are being deposited are
expected to be used for, or are expected to be available for, the payment of debt service on
the Note.
D. REBATE
1. Small Issuer Exception. The Issuer covenants that it is a governmental unit with
general taxing powers, that at least 95 percent of the net proceeds (as defined in the
Internal Revenue Code of 1986, as amended (the "Code")) of the Note will be used for local
governmental activities of the Issuer, and that the aggregate face amount of all t_w-exempt
obligations, other than private activity bonds (as defined in the Code), issued by or oh
behalf of the Issuer (and all subordinate entities thereof) during the 1991 calendar year is
not reasonably expected to exceed $5,000,000.
2. Covenant Regarding Rebate. The Issuer shall comply with the Code and the
regulations promulgated thereunder as such shall be supplemented and amended from time
to time for purposes of complying with all requirements for rebate of amounts to the United
States to the extent such provisions are applicable.
E. CONCLUSION
1. Issuer Ma_mCertify Its Note. The Issuer has not been notified that the
Commissioner of Internal Revenue has published in the Internal Revenue Bulletin notice
2
that the Issuer is disqualified from certifying its Note, nor has the Issuer been notified that
such disqualification is contemplated.
2. Expectations Are Reasonabl~. To the best of our knowledge and belief, there are
no other facts, estimates or circumstances that would materially change any of the Issuer's
expectations as to future events described in this Certificate, and said expectations are
reasonable.
3. No Arbi r. tL0~. Based upon the foregoing, the Issuer does not reasonably expect
that the proceeds of the Note will be used in a manner which would cause the Note to be
or become "arbitrage bonds" within the meaning of the Code and regulations.
IN WITNESS WHEREOF, we have set our hands as of this 20th day of November,
1991.
CITY OF SEBASTIAN, FLORIDA
By:
Name: W.E. Conyers
Title: Mayor
By:
By:
Name:
Title:
Robert S. McClary
City Manager
Name:
Title:
Michael G~l-Iudkins
Finance Director
(SEAL)
ATTEST:
Approved as to form and content:
By: By:
Name: Kathryn M. O'Halloran
Title: City Clerk
b:\narcert6.sem
Name:
Title:
Charles Ian Nash
City Attorney
A. Settlement Statement .....
U.S. Department of Housing
and Urban Development
OMB No.
~. Xye~ of Loau ...........
1. El FHA 2. I-i FmHA 3. ~ COny. Units. 6. File Number 7. Loan Number "~. Mortgage Ir~urance Case Number
4- El VA 5. r-I Cony. Ins. 91-7382/SEBASTi
C~ No'rE: This form is furnished to give y~u a statement of actual settlement ec~ts. Amoun{$ paid to and by the sett emcnt agent ar~ shown. Items
marked "(p.o.c.)" w~re paid outside the ClOsing; they att shown here for infon'national puqaosea and att not included in the totals.
D. NAME OF BORROWER: E. NAME OF SELLER: F. NAME OF LENDER:
CITY OF SEBASTIAN A. BARKETT, JR. and ROBERT BARNE'IT BANK OFTHE
BRACKE'IT TREASURE COAST
LENDER'S ADDRESS
13555 U.S. IIIOIIWAY 1
BOi~ROWER'S ADDRESS: si~LLER'S AbDRESS: SEBASTIAN, FL a295a
1225 MAIN STREET 1MS 20TIt STREI~T
SEBASTIAN, FL 32958 VERO BEACIt, FL 32960
TAX ID #: H. SETTLEMENT AG~.NT:
Ftt~, Fallace, et al
G. PROPERTY LOCATION: PLACi~ OF SETTi'EMEN~: Gao, B. Ftt~e, Esq.
LOTS 5-14 AND LOTS 19-2~ 979 BF~ACIILAND BLVD.. 9~0 S. Hat'oor City Blvd.
EDGEWATER PARK SUBDIV. Suite 503
Melbourne
INDIAN RIVER COUNTY, FL VERO BP~ACH, FL 32960 FL 32~01
I. sETrLEMENTDATE: ~llt/22t/,9!
J. SUMIVI~Y OF BOR~OWE,.R,:S T~J~ISACTION K. SUM. MARY OF, SE[-LE,R'S TRANSACTION
100. clRO~ AMOUNT DUE, FROM BORROWER .,, 400. gROSS AMOUNT DUE TO
101. Co.nt,ract tales price 742 ~,..g00.00 401. Contract ~le$ price 742 ~,500.00
102. Personal prnparty .... 402.,,Personal property
103. Sctt!ement ehar~s to bo ,n'ower (llne 1400) .... 14~602.43 403.
104. 404.
105. 405. '" "
Adiustments for items .paid by seller in advance Adjustments for items paid by ~ller in
106. City/Iown laxes to 406. Cio]/ton~,, ta~ to '
I07. Count),.!axes to ~/... Co-nty t,~xe~ to "'
108. AaSe~ments to 40~.,.,Ae't"~ments .. to
109. 409,
110. . .............. 4~0. ·
ltl 411,
! 112. 412. "'
120. GROSS AMOUNT DUE FROM BORROWER ~ 757,10Z.43 420. GROSS AMOUNT DUE TO SELLER
742,500.0O
200. A~,p~;tCrS ~U~,.~y OR iN e~,~ OF BO,RROWE~ ~. RE,v,,cnor~s,,~r;AMou~ DUB TO ~,, ,~Ir ......
201. Dcpozit or earne..nt money ,, , 501. l~ce.r~s deposit (see instruction~)
202. Principal amoun,! of new loan(s} .... 75~ ~ 000 .,00 502` Se, ttlement char~ea to ~,,ller (line 1400)' 8 ~ 367.50
203. Exisling Ioan(s),,taken subject to . .~03. Eadstinl~ loan(s) taken subject to
204. , ........... 504, Payoff of first mort~, loan
205, ,., 30~. Payoff of t~.~ond mortgage loan
206. 506. -~
20?. TAX~,~fia/9~-~0/ZS/91 ......... 2,908.36 ...~7.
20~. 508. "
209. TA~ES 1/it/91-6t~'i2/91 "' 3r336.5~ 309. TAXES 1/ltt91-6/i2/91 ...... 32"S36.58
209a " 309a ....
Adjustments for items unpaid .b.v sell*r Adiustmenta [ut items unpaid b), seller
210. Oily/town laxe.~, to si0. C!l.,v/town taxe. s to '
211. County taxe~ . .. .to ..... 511, Count/' t,~, .... to ' '
212. A.~.~.~,~,enta to
.... 512. ~.~mmenta to
,.:.P., 513. ' ' "
2la. , ............ 5~4. ~,..
,,:.!~. ,,., 5~s. -'
:.!6. 51~. -.
~. . ....
218. 518. "
219. 519.
220. ToTALAMOUNT8 PAID " ' " ' ' ' "
BY 0.R,,!? eEHALF OF BUYER } 756,:~44.94 $20. TOTAL REDUCTIONS IN -°
, AMOUNT DUE sp.I~L~:R 11,704.08
~00. CASll AT Se:i:l LP_.M~ FROM/T,O BUYE~ ' C~0. CASH AT SEfrl ,1~ TO/FR~)M SP~.i ~g
Oro~ amount des to i¢11¢r (I ne 420)
30L Or~nmount~?f, r0mbo~,-,~r(li.nel20) 757.102'4~ '~01.
302. Le~ amounts p~.id blt./fot bon,,,~.L(line 220) ( ,, 7567244,941 COZ Le~ ttductio~,in nmoum.due ~el et (line 520) .... ( 111704.08
303. CASII [] From CI To BORROWER ~ 857.49 6(B. CASIt []To rq From SELLER ~
730,793.92
Ir
~AGEI
U.S. DEPARTMENT OF ItODSINO AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
PAGE 2
L. Settlement Chqrges
700, TOTAL SALES, BROKER'S COM. based onpriee $
Division of Commission (line 700) as follov~e
701, $ to
702. $ to
703. Commission paid at Settlement
704.
Paid From
Borcower's
Funds At
Settlement
800. Items Payable In Connection With Loan
Paid From
Seller's
Funds At
Settlement
801. Loan Origination Fee %
..... ~02. Loan Discount
._~)~. Appraisal Fee
804. Credit Report
805, Lender's ]nspe~0~ Fe~
806. Mortgage Insurance ^pplicati~?n Fee
807. Assumption Fee
to
to
to
810.
811.
~a00. Items Required B~ Lender To Be Paid in Advance
901. Interest from 11/22/9,1 to ]2/01/91 ~$ ,. /day
902. Mortgage InsuranCe Pre,m. ipm for months to
903. Hazard InsuranCe Premium for
yca~ to
904, y~ars to
1000. Reserves D~_poslted With Lender
1001. Hazard insurance months~"~$,, per month
lO~)2.~Mortga~ insurance ,, months(C~$
.1~003: City pzxyperty taxes .... months(~d~$
1004. Count~ property taxes months~$
100.5. Annual assessments
per month
per month
per month
per month
1006. moat hsL"~$ per month
1007. months~$ per month
100~. moat hs(d)~ ~er month
1100. Title Charges
1101. Set tlemcnt or clo~ing.!'e~ to
1102. Abstract or title search to
1103. Title examination to
1104. Title insurance binder to
1105. Doeumcnt praparation to
1106. Notary fees ..... to
1107. Attorney's fees to MAIIONEY ADAMS & CRISER
...... (includes above items numbers:
1108. Titleinsumnce to FRESErF ,A~A,, C~NASHrErFAL
(includes above items numbet~:
1109. Lender's co~rage $
1110. Owner's coverage S 3~912.50 INS AMT: 742,500.00
1111.
1112.
1113.
1200. Government Recordine and Transfer Charges
1201. Recording fees: Deeds 10..50 :.M._o.rtpge$
1202. C(ty/county tax/stamps! Deed $ ....... ;Mortgage $
1203, State tax/sta,mps: Deed~ $ 4:455.00DOC ;Mg~gnge $
1204.
1205.
;R.q~.ses $ 10.50
..... 4~455.00
la00. Additional Settlement Chargep
130L Survey to SAS. POWLER (:~00.001 ....
1302, Pest inspection to
1303, ENVIRONMENTAL
to EMPIRE ENG. ($9r384.85)
1304. SOIL DISPOSAL
to FISCHER & SONS
1305. 1991 AD VALOREM TAXES
to TAX COLLECTOR
6,591.93
*P.O,C,*
*P.O.C.'
*P.O.C**
1306.
1307.
1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) ~1~ 14,602.43 8,367.$0
CERTIFICATION DATE: 11/.22/91
I have carefully re-viewed the HUD - 1 Settlement Statement and to the best of my kncndcdge and belief, it is a trna and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that ! have received a copy of the HUD-I Settlement Statement.
............................................................................................................... Borso~r .................................................................................................................... Seller
W.E. CONYERS A. RARKETT, JR.
................................................................................................................ Seller
ROBERT BRACKE'IT
The IIUD - I Settlement Statement which i have. prapared is a tree and aoeurate account et this trnnsa¢lion, i have caused the funds to be di~bursgd in accord-
anee with this statement.
................................................................................................................... Settlement Agent ....................................................... Date
WARN1NO: It is a crime to knowtn$1y make false stalements to the United Statex on this or any other similar form. Penalties upon conviction can include a
fine and imprisonment. For details ge: Title lg U.S. Code Section 1001 nnd Section 1010.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
COUNTY ROAD 512 PROJECT
Approved For Submittal
city Manager
Agenda Number:
Dept. Origin: Community Development
(BC~
Date Submitted: 11/14/91
For Agenda Of:
11/20/91
Exhibits: Memo dated 11/14/91 from
Dan Eckis, Letter dated 10/22/91
from Jim Davis
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Enclosed within your packet is a letter dated October 22, 1991 from Jim
Davis, Public Works Director for Indian River County. The Board of County
Commissioners on Tuesday, October 22, 1991 reviewed a driveway permit for
Jerry's Sub & Pub located on County Road 512, 3,000 feet west of U.S. #1
and approved the request but, the County Commission is requesting the City
Council to re'frain from approving any development plans on the north side
of County Road 512, 3,000 feet west of U.S. #1 until the County Road'512
widening issue is resolved.
Since the scheduled joint meeting between City Council and the Board of
County Commissioners is slated for November 26, 1991 relating to this
specific issue, staff recommends that the City Council discuss the County
Road 512 issue previous to this joint meeting. This will enable City
Council to review all options in order for you to establish a consensus on
how to approach the meeting of November 26. Now that the City Council has
approved the contract with Kimley-Morne & Associates regarding the traffic
circulation study, staff has requested representatives from the firm to be
present at the Council meeting in order to provide any additional
information or expertise to the City Council regarding this County Road
512 project.
RECOMMENDED ACTION
Review and discuss all options concerning the County Road 512 project.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE~ November' 14., i?~1
T{]:
FROM:
RobePt S. McC]amy,~
City V a'~age'- ,,~
]EJante] C. Eckis, P.E
City Engineer-/Pub] ,'LC Wot-ks Depar'tment
RE:
County Road 512 ImpF'ovements
In pr'epa~"atic)!"[ {ex'~ Novemt::)eF' 26th meetin.~) between the City
Council and t. he ]'.nc',ia;"~ R:i. ver' Coun'Ly Boapd cD~ Commissioner-$
meet in~ wit. h H::im] ey HOFX'"~ ~ t. he City' s t:r'a~{ ic c:onsu'l tan't:.s ,~ to
discuss di{{e~'-ent a]tez'-natives -~o~- County Road 5:1.2 extension.
Sta-F~ mil '1 be discussing the di{~er, ent alter'natives as
~o1 Iows:
Maintain the cuF'F'ent a'l 'i. cF-ment o'~ ,~12. Acquir'e add:i, tioF~a]
fight ~ way as nece,..'~sar'y to c:onstr'uct the pr'oper'
2)
To ut:L] ize the r'a:i.]r~oad l'"icjht o{ way to the no~th and
put-chase ¢ohat. ever' r'ight', c.)4 way is nra, c~essaK-y to insta't ]
the pr'oper- r:umbe? c)~ lanes.
3)
[;onsider' a twin pair-s two way concept and estab]ish the
9eomet~'-ic con~igur-ation c~ tine 'i. nter-section to meet the
gpeer"~ book standapds.
Sta{~ cloe~ p. mt have r',ecommer~datior~s at this time as to
either' cor'~cept but shal I be r'eviewing with ou~~ consu]'~ar'~'~ t:he '
var'ioLts alter-natives and estab] ishin~ the p~'os and c:ons
each alt, e~native t,o b~ir"~g be~c~'"'e t:he Ci'Ly Counc:i.'i meet
November'- 20th ~cx" open c} iscu?~si~::~'~ ,,
Telephone: (407) 567-8000
rwpermi~.
October 22, 1991
Mr. Rob McClary
City Manager
P.O. Box 780127
Sebastian, FL 32978-0127
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Veto Beach~ Florida 32960
Suncom Telephone: 224-1011
,..
RE:
Issuance of a County Driveway Connection.Permit
to CR512 West of FECRR
Dear Rob:
Attached is a copy of the agenda item that was presented to the
Board of County Commissioners on Tuesday, October 22nd. The
County is requesting that the City refrain from approving
development plans on the north side of CR512 3000' west of US 1
until the CR512 widening issue is resolved. In the meantime, I
have instructed the County Engineer to proceed with issuing the
driveway permit for the sandwich shop and pub.
Please contact this office if you have any questions.
· Davis, P.E.,
Public Works Director
JWD:rt
Attachments
FROM:
SUBJECT:
DATE:
IND RIVER COUNTY, FLORIDA
MEMORANDUM
James E. Cha
County Admin
James W. Day
Public Works
Issuance of
to CR 512 We
istrator
is,. P.E. ,~
Director- O~ff
a County Driveway Connection Permit
st of F.E.C.R.R. I
October ,14, 11991
DESCRIPTION AND CONDITIONS!
The City of Sebastian Planning and Zoning .~ommissi~n
recently approved a site plan for a proposed Sandwich Sh6p
and Pub to be'located along the south side of CR 512 east of
the location where the existing road rightlof-way and Gulf
.and Western Railroad right-of-way diverge. Prior to the,
City's approval, the Count. y Public Works Department staff
informed the City that since the City no longer supports the
CR 512 Twin Pairs Project,! it may be necessary to acquire
additional right-of%way along this projeot's frontage to
widen the existing roadway ',to four lanes. It was determined
that additional right-of-way acquisition along the project'ls
frontage would greatly reduce the size of the small site and
the Sandwich Shop/Pub could not fit on the site. The City
proceeded to approve the project.
At this time, the developer is requesting a right-of-way
coHnection permit from the~ Count3y to connect a driveway to
CR 512 from thel site. i
ALTERNATIVES AND ANALYSIS
The alternatives are as fol~lows:
Alternative No. 1
If the CR 512 Twin Pairs Project does not proceed, the
most probable alternative, is to widen the existing
road. A Joint City/County Meeting' to discuss this
issue is scheduled ~or November 26, 1991. At the
current time, the cou, nty has a 66' wide right-of-way
fronting the 0.38 ac~e site. A minimum right-of-way
width of 130' is recommended for the four lane design,
and 200' is desirable ~or an u~imate six lane roadway.
If the majority of ad4itional right-of-way is acquire~
along th~ north side]of CR 512, the impact of thi~
project can be reduce~, however, it is possible that
some needed right-of-Way will be required along the
projects frontage. C~mple~e design of the project is .
.required to make this ~etermination. Alternative NQ. 1
is to approve the ~riveway 'connection permit and
request the City of Sebastian to refrain from approving
development along the horth side of CR 512 from US 1' to
a point approximately
512,widening Rlan is
result in the County
~the site and incurrin¢
Shop/Pub facilities
limits.
Alternative No. 2
!3000' we'st~q~ US 1 until the CR
finalized. ~a alternative may
having to purc a~e a portion.of
severance damages due to the S~b
eing within needed right-of-way
Deny issuance of thi right-of-way connection permi~
and all others along the east 4000' of CR512 until the
P~ge two
C~ 512 widening plan is defined' This would result in
a reduction of possible future severance damages if the
County elects to widen the existing roadway and
purchase substantial additional right-of-way.
Approximately 6-12 acres of additional right-of-way
estimated to cost $480,000 to $960,000, (assuming a
value of $80,000/acre) is probably needed to widen CR
512 along the 4000 lineal feet west of US 1.
In addition, the CoUnty should request that the City
refrain from approving development along the eastern
4000' of CR 512 until the widening plan is finalized.
The County staff has been in communication with other
property owners in this area who wish to proceed to
develop their land along the eastern 4000' of CR512.
We have requested that they defer their projects until
a future date when right-of-way needs are defined.
Alternative No. 3
Negotiate with the property .owner to purchase ~he
entire site at this time.
RECOMMENDATIONS AND FUNDING
Staff recommends Alternative No. 1 whereby the driveway
connection permit be issued and the City be requested to
refrain from approving development plans along the north
side of the east 3000' of CR 512. If the City does not
consent to this request, it is recommended that no driveway
connection per, its be issued alon. g the north side of the
easterly 3000"of CR 512.
ATTAC"H~9~T
1) Letter dated Sept. 25, 1991 from Bruce Cooper, City of
Sebastian, Director of Community Development to James
Davis
2) Letter dated September 19, 1991 from Jim Davis to
Randy Mosby
3) Letter dated September 16, 1991 from Randy Mosby to
Jim Davis
4) Right-of-Way Permit Application
5) Owners authorization letter dated August 15, 1991
6 ) Map
DISTRIBUTION
Bruce Cooper, community Development Director,
City of Sebastian
Randy Mosby, Mosby & Associates, Inc.
Roger D. Cain, P.E., County Engineer
Michael S. Dudeck, P.E., County Traffic Engineer
kPPROVED AGENDA ITE~
FO~ October 22, 1991
BY
Izn~a~Rlve.r ¢ol~ovecll oate I
J~q~ I ,.J I
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570
SUBJECT= Police Station
Eleotrical Service
Approved For Submittal By:
City Manager
Dept. of Origin= City Manager
Date Submitted: 11/14/91
For Agenda Of: 11/20/91
Exhibits:
- McClary Letter To ADG, Dated
) 11/8/91
)
) - Architects Design Group Letter, Dated
) 11/13/91 (with six (6) pages of
) of attachments
EXPENDITURE
REQUIRED:
APPROPRIATION
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
At its Regular Workshop Meeting of November 6, 1991, the City
Council reviewed requirements for electrical service to the
police station. At that time, we had received an estimate from
Florida Power & Light ("FPL") that charges for a pad mount,
underground electrical service would be approximately $7,000. At
that meeting, the city Council also directed staff to _~ontact
Architect Design Group, Inc., and request that they pay 50% of
these costs since they prepared the drawings and wrote the
specifications and there appears to be a conflict between the
two. Architects Design Group, Inc., has responded by letter dated
November 13, 1991, which is attached. Also, on November 13,
1991, Willis Irwin, of Florida Power & Light called and stated
that the actual cost of the pad mount transformer would be
$4,661, which is considerably less than the $7,000 originally
estimated.
RECOMMENDED ACTION
Review the electrical service requirements, cost, and
responsibilities by contractor, architect and City for the
Sebastian Police Department.
CitY of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
November 8, 1991
Mr. I.S.K. Reeves, V., AIA
P. o. Box 1210
Winter Park, FL 32790
Re: Police Station Electrical Service
Dear Mr. Reeves:
At its Regular Workshop Meeting of November 6, 1991, the city
Council reviewed the electrical service for the new police
station. As you may recall, Barth Construction Company presented
a clarification of his bid that it. did not include any FPL
charges for electrical service. During the pre-construction
conference, Barth Construction had tentatively agreed to split,
with the City, the estimated $7,000 FPL charge for underground
electrical service. The city Council believes it would be more
appropriate for Architects Design Group, Inc., to split the cost
of underground electrical service with the contractor. We believe
there is a conflict between the plans and the written
specifications whereby the plans indicated it was the
contractor's responsibility to install conduit from the building
to the FPL lines in the Main Street right-of-way per FPL
requirements and the specifications indicate that the electrical
sub-contractor is to pay all charges for electrical service.
Therefore, sin6e Architects Design Group, Inc., drew both plans
and specifications, we believe you and not the City should split
the cost of underground electrical service with the contractor.
At its Workshop Meeting, the City Council also expressed its
frustration.o~er the delays of this project and the inaccurate
estimating by your firm, which was the cause of these delays.
sincerely,
Robert S. McClary
city Manager
RSM/jmt
cc: W. E. Conyers, Mayor & Sebastian City Council
0
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= GDC Chapter 11
Settlement Agreement
Approved For Submittal By=
City Manager
) Agenda No.
)
)
)
)
)
)
)
)
.)
Dept. of Origin: city ManaGer
Date Submitted: 11/14/.9.1
For Agenda Of: 11_~91
Exhibits:
-McClary Letter to GDC
Dated 11/13/91
REQUIRED
EXPENDITURE:
BUDGETED
AMOUNT:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Negotiations with General Development Corporation ("GDC") are
nearing completion. I have attached the most recent Exhibits
with hand written notations showing the latest changes. I have
also shown these changes on a plat map of the City. However,
this Exhibit (scale 1" = 600') is too large to copy with the
Council backup material. However, it is available in my office
for perusal and I plan to have it with me at the City Council
Meeting on November 20, 1991. --
RECOMMENDED ACTION
Review proposed changes to settlement agreement between the City
and General Development Corporation.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
November 13, 1991
Mr. Ralph (Cap) Cain, III
General Development Corporation
1673 S.E. Niemeyer Circle
Port St. Lucie, FL 34952
Re: Settlement Agreement
Dear Mr. Cain:
This letter supplements my letter to you dated, October 31, 1991.
In response to correspondence from George Kulczycki and field
inspections made by the City, we propose modifications to the
exhibits. These modifications are noted on the attached Exhibit
"A", Exhibit "A-i" and Exhibit "A-2". There are no changes to
Exhibit"B".
The changes to the Exhbits are as follows:
1, Item #2, on Exhibit "A" "One (1) residential lot -
Airport Drive, East should be Block 12, Lot 2, Unit 1. The
exhibit'incorrectly showed Block 65.
2. Item #9, on Exhibit "A", should be Tract "C", Block 65,
Unit 2. The exhibit incorrectly showed this as Tract "O".
3. Exhibit "A-i" should have the following lot added: Lot
42, Block 417, Unit 9. This lot is situated at the intersection
of Schumann Drive and Schumann Lake and, along with Tract "R,
(which is already included) is necessary for the proper
operation, maintenance and future replacement of the water
control structure between this lot and Tract "R".
4. I have Tract "I", Unit 17 listed twice.
5. Tract "Y", Unit 17 should be added. This Tract along
with Tract "X" is necessary for the proper maintenance,
operation, and replacement of the water control structure under
Schumann Drive.
6. Many of the residential building lots listed on
previous Exhibits include lots which were included in plans and
permitting applications to be converted to drainage tracts.
However, many of these lots are in areas not yet constructed and,
consequently, there is no reason for GDC to dedicate them to the
city at this time. Therefore, the following residential lots
would not be included in those parcels conveyed from GDC to the
¢0. 270
Mr. Ralph (Cap) Cain, III
November 13, 1991
Page #2
Unit Il, Block 555, Lots 10 - 15
Unit 17, Block 587, Lots 2 - 7
Unit 16, Block 545, Lots 12 -17
Unit 16, Block 545, Lots 10 & 11
Unit 17, Block 580, Lot 20
Unit 17, Block 582, Lots 6 - 11 and 18 - 23
Unit 17, Block 584, Lots 13 - 16
Unit 17, Block 586, Lots 6 - 8 and 19 - 21
Unit 17, Block 596, Lots 12 - 15 and 18 - 22
Unit 17, Block 598, Lots 14 - 17
7. To be added to the list is a needed drainage right-of-
way which presently houses a major drainage ditch. This is
situated on Tract "P", Block 602, Unit 17 and is along the
western property line; it is approximately 115 feet in width,
running east and west and approximately 720 feet in length,
running north and south; and adjoins Lots 1 - 9, Block 602, Unit
17.
8. Exhibit "A-2" should be modified to include Lots 12 and
13, Block 417, Unit 9. This would be an exchange for the "Park"
tract GDC had previously committed to conveying, but has recently
reneged. Tract "A" was the only park in Unit 9 and the City is
willing to accgpt Lots 12 and 13 in lieu thereof.
I point out that the above modifications are subject _~o the
approval of the Sebastian city Council. As soon as you have
prepared "Clean" copies of all of the Exhibits, I ask you to
transmit them to me at your earliest possible convenience for our
review.
Should you have questions or comments, please feel free to call
me.
S~rely, :
Robert $. McClary~~
City Manager
RSM/jmt
Attachments
cc: W.E. Conyers, Mayor & Sebastian City Council (with attachments)
Richard E. Torpy, Esq. (with attachments)
Steven E. Goldberg, Esq. (with attachments)
George Kulczycki, Director of Operations, GDC (with attachments)
0
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SENT' BY.,:.c, riwnur~tt.~ F,:*ec~t lor, s 06-1.~-91 01: 14PI'I ~07._~523028.~ 13355~26 ~ 5
"EXHIBIT A-l"
DSSCRI PTIOH
Tract B, Unit 14
Tract C, Unit8
Tract A, Unit 13
Tract B, Unit 13
Tract D, Unit 13
Tract H, Unit 17
Tra¢~ t~ Unit [7
"~Tract M, Unit 17
Trac~ R, Unic 17
T~ACTS AND LOTS CONVERTED.TO DRAINAGE
?
8,01
3/99
10.08
Z6,8~
3,76
33,28
2,80
2.10
2,44
Tract S, Unit 17
2Trnct 0, Uni~ 17
Residential Lots
Unit 11, Block 55~ ~s 10 ~o~5
Unit~i~-~c~ 587, Lo~s 2 ~o 7
Unit Z6o Block
Unit 16, Block~Logs l0 and
Unit 17 Block 451, Lo~s 1 ~o 4
Unit 17 Block 462, Lots il.and 12
Unit 17 Block
Uni~ 17
Unit 17
Unit 17.
Unit 17,
°Unit 17,
MoUnit 17,
1,91
8.50
Ill.10
Block 578, Lots I to 16; 19 and 20
Block 579, Lots 12 to 14 and 19, 20,
Block 58~ LO:~ 13 ~o lb
Unit 17,*BZock 589, Lots 4 and 5
Unit 1~7-, Block 59"6, Lo~s 12 ~o 15 and 18 to 22 yT-'k.~,~~ ~--~p ~.,--.~m,--~ J~Z-~-~'-~'
Total of 119 residential lots converted to
drainag~ ............................ 29.00
TOTAL ACREAGE.
140.10
2
PUBLIC SERVICE ("PS") TRACTS
SH 8 -
SH 8 -
ract A
/ SH 10- Tract
SH 10- Tract C -
SM 10- -
TraCt C - Block 223 ("Park")
8.24~ acres
193 ("park") 1.90, acres ~~-~
....... ,..
BlOCk 409 (,~park')
A - Block 211 ("park")
B - Block 267 ("Park")
SH 11- Tract A -
SH 11- Tract C -
SH 11- Tract D
SH 11- Traut E
SH 14- Tract B -
SH 15- TraCt G -
SH 17- TraCt A -
SH 17- Tract Q -
Bldck 264 ("Park")
Block 300 ("Park")
Block 282 ("Park")
Block 372 ("park")
(" Park" )
Block 347 ("Park")
Block 507 ("Park")
Block 488 ("Park")
( "Park" )
Block 604 ("Park")
2.49~ acres
2.24f acres
1.15± acres
2.27f acres
1.68i acres
4.42± acted
3.81t acres
2.93i acres
5.79i acres
4.62! acres
355f acres
1.72i acras
TOTAL
47.18~ Acres
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: City Manager
Employment Agreement
Approved For Submittal By:
City Manager
Agenda No.
Dept. of Origin: city Manager
Date Submitted: 11/14/91
For Agenda Of: 11/20/91
Exhibits:
- City Manager Employment
Agreement
EXPENDITURE
REQUIRED:-
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The employment agreement between the city and the City Manager
provides for one (1) year renewals, one (1) year in advance.
Therefore, the next renewal period is for calendar 1993 to be
renewed by December 31, 1991. Also, in lieu of providing a City
owned vehicle, I am requesting the city Council to consider an
automobile allowance. The City of Vero Beach, Indian River
County, and many other Cities and Counties provide auto
allowances rather than City owned vehicles. With ~D auto
allowance, the City vehicle currently assigned to me would be
reassigned and allow the replacement of a 1982 Chevorlet which
has over 200,000 miles. Under an auto allowance, I would provide
my own transportation within Indian River County and for a flat
dollar amount per month, I would provide my own automobile,
gasoline, repairs and maintenance, insurance, etc. i would
propose an auto allowance based on lease value using IRS
standards of $3,600 for a $12,000 automobile plus fuel, which is
currently budgeted at $500. This equates to a $340 per month
automobile allowance.
RECOMMENDED ACTION
Consider renewal of City Manager employment agreement. Consider
providing an automobile allowance of $340.00 per month to the
City Manager in lieu of a City owned and maintained passenger
vehicle.
EMPLOYMENT CONTRACT
This Employment Contract is entered into by and between the City of
Sebastian, Florida, a municipel corporation, and Robert S. McClary (McClary) on
this ~ day of
WHEREAS, the City is a charter City within the meaning of the constitution
of the State of Florida and is authorized to e:~ercise those powers permitted by the
City charter and State statute; and
WHEP, EAS, the terms and conditions of employment of a City Manager are
within the powers delesated, express and implied, to the City by the City charier
and State statute; and
WHEREAS, it is in the public interest and serves the health, s~fety and welfare
of the citizens of the City to employ McClar7 ~s City Man~r~'r upon such terms and
conditions ~s will promote his continuous productivity and efficiency, provide
him with reason~e employment and financial security and set forth a fair,
equit~le and orderly means for termination of such employment; and
WHEREAS, McClary and the City desire to asree upon and set forth the
followin$ terms of his employment ~s City Manaser of the City of Sebastian.
NOW THEREFORE in consideration of the mutual covenants contained
herein, the City of Sebastian, Florid~ a municipal corporation, and Robert S.
McL-lm-y ~'ree ~ follows:
I. Appointment:
1. McClary shall serve at the pleasure of the City Council ~s City
Man~er of the City for an indefinite term, subject to the provisions of Articles III
and IV of this a~eement, and shall have such powers and duties ~s are prescribed
or permitted by statute, City charter or ordinance.
II. Com~..nsation:
1. Salary
n. For the employment period of March IS, 1988, through
l~a~e 4
8. Insurance
a. The City shall pay the full cost on behalf of McClary, including
family coverage, for the City's group health insurance policy.
b. The City shall pay the full cost on behalf of McClary for the
City's group life insurance policy.
9. Relocation
a. The City shall pay ~:tual and necessary moving expenses for
McClary's relocation to Sebastian from Brush, Colorado.
10. Reduction in Coml~nsation
a. The City shall not reduce McClary's compensation during his
tenure without McClary's prior written consent.
1. Provided McClary is willing and able to perform the duties of City
Manal~er, he shall be suaranteed a twenty-one and one-half (21-1/2) month
contract from March 15, 19gg, through December 31, 1989. in the event this
agreement is terminated by the City Council during this period of time McClary
shall upon such termination of this agreement, receive the unpaid balance of the
salary, retirement and insurance benefits as specified herein, plus accumulated
vacation leave time. However, McClary shall receive no salary or other benefits as
provided herein if the City council shall terminate his employment for any of the
following reasons:
a. Conviction of either the crime of robbery or theft as the same are
defined by Florida statute%
b. Conviction of any felony~
c. Incompetence or ne$1ect of duty proven by a preponderance of
evidence at a hearing providing due process of law.
2. McClary shall not terminate this contract for the twenty-one and
one-half (21-1/2) month period of March 15, 1988, through December 31, lg89.
without the prior written consent of the City Council.
Page
IV. F..xtensions
1. This asreement may be renewed for one year intervals ~ the City
Council and McClary at any time but in any event no later than twelve (12) months
prior to the expiration date, or any renewal or extended one year period thereafter.
It is the intent of the parties to this agreement that this agreement shall be effective
for an initial twenty-one and one-half (21-1/2) month period as outlined above and
may be renewed for one year periods thereafter at least one )rear in advance.
2. In the event the City Council does not renew or renegotiate this
agreement for subsequent one year terms, or in the event the City Council shall
terminate McClary during the term of this agreement or any one year extension
thereof, McClary shall receive the salary, retirement and insurance benefits
outlined above for the balance of the term of the contract or any renewal thereof,
but in no event shall McClar~ receive more than twelve (12) months
compensation.
3. Mter the initial twenty-om and one-half (21-1/2) term, Mc. Clary
elect to terminate this agreement at any time provided he gives a minimum
(~) days advance written notice to the City Council of his intent to do so.
Should McClary elect to terminate this agreement, the City is discharged of an),
responsibility with respect to termination benefits outlined above. However,
should McClary terminate this agreement pursuant to this paragraph, he shall
receive all normal and customary benefits as other terminating employees.
V. Hold Harmless
The City shall defend, indemnify and hold harmless McClary against
any and all claims, demands, suits. ~ctions or proceedings of any kind or nature
arising out of the performance by McClary of his duties and responsibilities as City
Manaser.
IN WITNI~-'5 WHEREOF, the City of Sebastian has caused this a~reement to be
executed by its Mayor and duly attested by its City Clerk and Robert S. McClary has
Pase ~i
executed this agreement, as of the tiny and year first above written.
CITY OF SEBASTIAN, FLORIDA, a
Kafhl~M. O'Halloran, City Clm'k
Robert S. McClmV
City of Sebastian
POSt OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Petitic~ for Disincorporation
Bo~t-D-l~ Subdivisicn
~PROVED~R~~ ~:
) Agenda No.
)
) Dept. Origin
)
) Date Su~nitted
)
) For A~enda Of
)
)
~ Clerk ~j~.0'~'~
11/13/91
11/20/91
Exhibits: * City Clerk Memo dated 11/_6/91 · Petition
· FS 171.051 - Contraction
(1990) l~zor~:~do~s
EXPENDITURE AMDUNT ~P~PR~TI~
REQUIRED: BLDGETED: REQUIRED:
SUMMARY STATEU~NT
The City of Sebastian received, on October 29, 1991, a petition to
disincorporate the Point-o-Woods Subdivision by contraction procedures as
established by FS 171 (see FS 171.051 attached). --
I have verified the petitions' signatures ag~nst those on file in the Indian
River County Supervisor of Elections Office and found there to be a sufficient
amount of regi~ voters' signatures to begin the procedure for
disincorporation.
~ED ACTION
Review state law rec~H~ts with the City Attorney and 8ir~t staff
City of Sebastian
POST OFFICE BOX 780127 d SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M E M 0
TO:
FROM:
SUBJECT:
DATE:
Mayor
City Council
City Attorney
City Manager
Kathryn O'Hallora~//\\
City Clerk
Petition For Disincorporation
November 6, 1991
In accordance with Florida State Statute 171.O51 Contraction
Procedures the attached petition containinG nineteen (19)
signatures has been verified against the signatures on file in
the Indian River County Supervisor of Election Office.
Of the nineteen (19) signatures two (2) are not registered voters
and one (1) signature is questionable.
This memo and attached list is for your information.
KO:is
attachment
c.c. Reading Board
THE UNDERSIGNED CURRENTHOMEOWNERS OF THE POINT-OF-WOODS SUBDIVISION AND
REGISTERED VOTERS OF THE CITY OF SEBASTIAN, FLORIDA, DO HEREBY PETITION THE
CITY OF SEBASTIAN MAYOR AND CITY COUNCIL TO DISINCORPORATE THE
POINT-OF-WOODS SUBDIVISION BY CONTRACTION PROCEDURES FROM THE CITY OF
SEBASTIAN AND INTO INDIAN RIVER COUNTY, FLORIDA AS SET FORTH BY FLORIDA
STATUTE CHAPTER 171.
NAME (PLEASE PRINT~
STREET ADDRESS
SIGNATURE DATE,
/ I . ~
c:.'/-. :"
THE UNDERSIGNED CURRENT HOMEOWNERS OF THE POINT-OF-WOODS SUBDIVISION AND
REGISTERED VOTERS OF THE CITY OF SEBASTIAN, FLORIDA, DO HEREBY PETITION THE
CITY OF SEBASTIAN MAYOR' AND CITY COUNCIL TO DISINCORPORATE THE
POINT-OF-WOODS SUBDIVISION BY CONTRACTION PROCEDURES FROM THE CITY OF
SEBASTIAN AND INTO INDIAN RIVER COUNTY, FLORIDA AS SET FORTH BY FLORIDA
STATUTE CHAPTER 171.
NAME (PLEASE PRINT) STREET ADDRESS .SIGNATURE DATE
171.044 Voluntary annexation.-- '
(1) The owner or owners of real property in an'unin-
corporated area of a county which is contiguous to a
municipality and reasonably compact may petition the
governing body of said municipality that said property
be annexed to the municipality:
(2). Upon determination by the governing body of the
municipality that the petition bears the signatures of all
owners of property in the area proposed to be annexed,
the governing body may, at any regular meeting, adopt
a nonemergency ordinance to annex said property and
redefine the boundary lines of the municipality to include
said property. Said ordinance shall be passed after
notice of the annexation has been published at least'
once each week for 2 consecutive weeks in some news-
paper in such city or town or, if no newspaper is pub-
lished in said city or town, then in a newspaper pub-
lished in the same county; and if no newspaper is pub*
lished in said county, then at least three printed copies
of said notice shall be posted for 4 consecutive weeks
at some conspicuous place in said city or town. The
notice shall give the ordinance number and a brief, gen-
eral description of the area proposed to be annexed.
The description shall include a map clearly showing the
area and a statement that the complete legal descrip-
tion by metes and bounds and the ordinance can be
obtained from the office of the city'clerk.
(3) An ordinance adoPted'under this section shall be
filed With the clerk of the circuit 'court and the chief
administrative officer of the county in which the munici-
pality is located and with the Department of State within
7 days after the adoption of such ordinance. The ordi-
nance must in(~lude a map which clearly shows the
annexed area and a complete legal description of that
area by metes and bounds.
(4) The method of annexation p'rovide~d by this sec-
tion shall be supplemental to any other procedure pr'o~
vided by general or special law, except that this section
shall not apply to municipalities in counties with charters
which provide for an exclusive method bf municipal
annexation. '
(5) Land shall not be annexed through voluntary
annexation when such annexation results in the creation
of enclaves ' ' ' "
· HH, tory,--s, 1. ch, 74-190; ss, 4, 5, ch. 75-297; S, 3, ch, 76-178; s. 2. ch, 86-113
171.051 Contra~tion procedures.~Any mUnicipal-
ity may initiate the contraction of municipal boundaries
in the following manner: .... ' .......~ .....
(1) The governing b6dy shall.by o~dinan;:e p~0pos~
the contraction of municipal boundaries, as described in
the ordinance, and provide an effect!ye date for the con-
traction.
(2) A petition of 15 percent of the qualified voters in
an area desiring to be excluded from the 'municipal
boundaries, filed with the clerk of the municipal govern-
ing body, may propose such an ordinance; The munici-
171.051
1990 SUPPLEMENT TO FL
pality to which such"petition is directed shall immedi-
ately undertake a study of the.feasibility'of such pro-
posal and shall, within 6 months, either.initiate proceed-
ings under subsection (1) or reject the petition, specifi-
cally stating the facts upon which-the rejection is based.
(3) After introduction,· ·the.contraction ordinance
shall be noticed at least once per week for 2 consecutive
weeks in a newspaper of general circulation in the
municipality, such notice to ,describe the area to. be
excluded. Such description sl~all include a statement of
findings to show that the area to be .excluded fails to
meet the criteria of s. 171.043, set the' time and place of
the meeting at·which the ordinance,will be considered,
and advise that all parties affected may be heard.
· (4) ',If', at the meeting held for such purpose, a peti-
tion is filed and signed by at least 15 percent of the quali-
fied voters resident in the area proposed for contraction
requesting a referendum on the question, the governing
body shall, upon verification, paid for by the municipal-
ity, of.the sufficiency of the petition, and before passing
such ordinance, submit the question of contraction to a
~ote of the qualified voters of the area proposed for con-
traction, or the governing body may vote not to contract
the municipal boundaries. " "
(5) The governing body may also c~.li for a referen-
dum on' the question of contraction 'on its own volition
and in the absence o! a petition requesting a referen-
dum. '
(6) The referenduml if required', shall be h~ld at the
next regularly .scheduled election, or, if approved by a
majority of the municipal governing body, als special
election held prior to such election, but no sooner than
30 days after verification of the petition or passage of
the resolution or ordinahce calling for the referendum.
(7) The municipal governing body shall establish the
date of election and publish notice of the referendum
election at least, once a week for the 2 consecutive
weeks immediately prior to the election in a newspaper
of general circulation in the.area proposed to be
excluded or in the municipality.. Such notice shall give
the time and places for the eecti°n and a genera!
description of the area to be excluded, which shall be
in the form of a map clearly showing the area proposed
~o (b8; excluded. ~ ·
Ballots or m~chani(~al voting devices shall offer
the choices 'For deannexation" and 'Against deannexa-
tlon,, that order. . ..
(9). A majority vote "For de~,nnexation" shall cause
the area proposed for exclusion to be so excluded upon
the effective date set in the contraction ordinance.
... (10) A majority vote 'Against deannexation" shall pre-
vent any part of ,the a~;ea proposed for eXclusion from
being the subject of a contraction ordinanc~ for a Period
of 2 years from the date of the'referendum electioneer:
Hlltory,--s. 1 ch. 74-190; $. 17, ch. 90-279.. " , '.
.... .~ :: ~. · . · . .
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Point of Woods
Sub Division-Street & Drainage
Approved For Submittal By:
City Manager ~
Dept. of Origin: City Manager
Date Submitted:
For Agenda Of:
Exhibits:
11/14/91
11__~91
- Eckis Memo Dated 11/12/91
- Mosby Letter Dated 9/24/91
- McClary Letter Dated 8/01/88
EXPENDITURE
REQUIRED:
APPROPRIATION
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
In 1988, the developer of Point-of-Woods Subdivision requested
the City to assume maintenance responsibility of street and
drainage facilities within Point-of-Woods Subdivision. At that
time, we advised him of the necessary steps he would have to take
in order for the City to assume maintenance responsibility. The
attached correspondence will provide a status of the developer's
request. Since the city has received a petition by the residents
of Point-of-Woods Subdivision, I felt it appropriate to review
the status of the developer's request for the City to maintain
the street and drainage facilities.
RECOMMENDED ACTION
Review the status of street and drainage facilities within Point-
of-Woods Subdivision.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BATE: Novembe~~ .1.2,~ I991
FROM:
Robe',",'E cS ,, HcC,] ar'y
[] it.y Manager':
Ban:Le'l C. Eckis.,.
City Eng:i. neer'/Pub'l i s Dir'ectof
RE.",
Pc~int. 0 Woods Subdivi~-:~cm
F'ur'sL,,an'~. to your' r'equest ~ ]; hav.,e r'ev'i.e~,¢ecl
F'o:Lnt 0 Wc~ds ~:,~tbdiv~.s:Lon .T+' :L~ my uncler"star~dir'~9 tha'[:. ~he
ppoject, developer' and homeowner, s ¢,~:Lshed the City o~ Sebastian
t o a c: c e p t m a :L n t, e r'l a n c e p e s p o n s :L b i ] :i. t :i. e s ~ o ~ b o t h 'b h e s'[: r" e e t.
(Robin L. ane) and the c:lpaina~e conveyance and r'e~ent, ion
s~yst, ems,, 'To, t. h is end,~ i have made ~ 4:ie]d inves't:i~;:~atior~ and
concup with the r'eqL~ir'(~x~ents as se'L:
29S8 ]et't:er" to Hr". Van De Voor'de,¢ copy enc'ic)sed,, The
'f o; '~ c) v4 i r'l g ~:,r .; m y c o m m e n t s:
The plat :i.n+ot"'r0ation 4of the F'oir~t 0 woods subdiv'i, sion does
not ir'~dicate a Cr'ont Lq'~;['! ;i.'Ey OP dr'a;:.nage easement, Re~ei~ences
in sever'a] ]e'tter's indica'Ees e:',.tfner' a 10 of 15 Coot eas~ement~
The City f2d"lQLt]d F'eqLt:[r'e tha'E a minimt.ml o~ !.0 ~oot easement be
ppevided ~LttE~J. de ~{ the r'i~¢ht o~ t~ay I ine '5c¢~' the conveyance
~¢ stopmwatel,- r-Lit]cite{ and uti] ities, In addition,j I -~c;)L.trid
tha'~:, the stoF'rf~water' r-et. ention~ Tr'act "A" mas
cclrlstPLtct, ed ir] accor'dance ~ith the p'lans, The pi a!]s
i n d :i. c a'E e d "'~ ~-~,. ~,- '~-.. t h e ~ e ~ a s a ]. 0 ~ o o t ~ 5. d e b e r' m a D. p ~-' o x i rr~ a t e "~ y
c)ne half foot above the ex:i.s.'[::Lng glr'ade, t ssu(]j~jest the -_
developer', constpuct the ber'¢~ and Cc, l low the J'*ecommendatic)r~s
set ~c)~th by Mosby and Associates~ J.n his letter, dated
September" 24,¢ 199]. (copy er'~c]osed) to r-egr'ade tine swales
to :Lr'lsur-e pr, oper,~ cJr-a:[nage and r"emc~ve a'lt obstF-uc-~:ions~
In a(::ld:Lt, iort, I wc',u!d pequest that an as..-.bLt~.t'b sur-vey be
el evations too insur? tha-~, the sstor'mwater' conveyanc:6~: al'-~d
r"etent ion system L.~as
Any ar'eas that ape
ccjr'~st~,'uct, ed of l~ecorqstpucted in accor'dance w:i. tln the pi an.~
pp:i,(:',~~ to acc:erz)'[sance by the City o4 Sebast. ian.
F'iease r'lote 'khat 'L'.her"e is r'~o'i.': a stc:)r"m.water', d:Lschar"9c~, per,mit
on -Eile. What. appear's 'bo be a s'bc;r'mu~a(er- dischar'ge per'mit
is c:)n]y t. he appl icatic)r'~ that was {i]ed with DER and t. he owner~
and engineep should stil 1 be pesponsib'le t.o ppovide a copy
c~ the actual per'mit,
MOSBY AND ASSOCIATES, INC.
CONSLILTINO ~N~i, INE~RS
September 24, 1991
Mr. Robert S. McClary
City Manager
City of Sebastian
Post Office Box 127
Sebastian, Florida 32978-0127
Subject:
Pointe-O-Woods Subdivision
Sebastian, Florida
Engineer's Project No. 91-360
1507 2C)II.t STREET
P.O. 80X 6368
VERO BEACt4. FI_.ORIDA 32961
A07,569-0035
Dear Mr. McClary:
On behalf of the subject project developer and as authorized by
his attorney, Rene VandeVoorde, we have performed an on-site
inspection and evaluation of the subject property's internal
asphalt roadways and drainage system. As you are aware, the
roadway and drainage system within the Pointe-O-Woods Subdivision
is currently privately maintained by the project developer. On
behalf of the developer Attorney VandeVoorde has requested the
City of Sebastian to accept the subject streets and drainage
system for perpetual maintenance. On November 14, 1990, the
Sebastian City Council voted to proceed with the request by the
developer for the City to accept the streets and drainage sys-
tems. Mosby and Associates, Inc. was retained by the project
developer to perform this on-site inspection and evaluation of
the roadway and drainage systems to insure that they were accept-
able for perpetual maintenance by the City of Sebastian. The
following is a summary of our on-site inspection and evaluation:
Field Inspection Results:
Enclosed are the following attachments documenting the
existing conditions of the asphalt roadways and
accompanying drainage system.
Typical roadway sections from the original con-
struction drawings prepared by Lloyd and
Associates.
Drawing of the Pointe-O-Woods plat prepared by
Lloyd and Associates, Inc.
Photographs documenting the existing conditions
of the asphalt pavement and drainage systems.
Mr. Robert S. McClary
September 24, 1991
Page 2
Field Inspection Results: (continued)
Drawing prepared by Mosby & Associates, Inc.
identifying the location of where the photographs
were taken. Also identified on this drawing is
the location of the pavement borings prepared by
Empire Engineering & Testing, inc.
Report dated September 12, 1991, prepared by
Empire Engineering & Testing, Inc. summarizing the
results of the asphalt pavement borings.
As detailed on the attached sketch, the specified and
approved roadway was to be constructed within a fifty
foot (50') right-of-way, a twenty foot (20') pavement
width, five foot (5') shoulder and ten foot (10') road-
way drainage swales. The roadway cross-section was to
consist of one inch (1") Type Ii A.C., six inch (6")
limerock base and eight inches (8") of stabilized sub-
grade. Based on the test results of Empire Engineering
and Testing, Inc. the roadway cross-section exceeds the
cross-section specified by Lloyd and Associates, Inc.
The roadway pavement is in excellent condition with no
apparent signs of structural failure.
The roadway shoulder width varies throughout the road-
way system. In some locations the shoulder is less
than the five feet (5') specified, as shown on the
enclosed photographs. The roadway shoulders are not
stabilized.
The existing drainage system consists of a system of
swales and culverts which runoff and dispose 6~ it in
the wetland areas located adjacent to Collier Creek and
the Sebastian River. The stormwater then overflows the
wetland areas and discharges in the Sebastian River.
It appears the drainage system was constructed in
accordance with the construction drawing prepared by
Lloyd and Associates, inc. dated August 20, 1982. We
understand both Lloyd and Associates, Inc. and the
acting City of Sebastian Engineer, Earl Masteller,
certified that the stormwater system was constructed in
accordance with the approved plans prepared by Lloyd
and Associates, Inc.
Mr. Robert S. McClary
September 24, 1991
Page 3
It was observed that the subject property owners have
been discarding debris within the rear lot swales and
the majority of the drainage culverts have been silted
in as documented on the enclosed photographs. Regrad-
ing of the swale at Lot 11 is required to drain stand-
ing water. The swales and culverts should be cleaned
out prior to acceptance by the City.
II. Conclusion and Recommendations:
The overall condition of the asphalt roadway and
the performance of the drainage system is good.
The developer should be required to clean out all
culverts and clean and regrade the drainage swales
as required prior to acceptance by the City of
Sebastian for perpetual maintenance.
Based on our on-site inspection and evaluation of
the subject subdivision, we can recommend the
City accepts the subject project with the condi--
tions outlined in your letter to Mr. Rene
VandeVoorde dated August 1, 1988 and our follow-
up letter dated October 11, 1990. We have
attached copies of these letters for your refer-
ence.
Once you have reviewed the herein and the enclosures, please
contact this office so we can schedule a meeting to discuss these
findings.
Shoul/~ you requi~e further information, please call.
RLM:bes
CC
Mr. Rene VandeVoorde
Mr. Steve Taca
enc.
City of Sebastian
POST OFFICE BOX 780127 c~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
August 1, 1988
Mr. Rene Van De Voorde
Attorney At Law
P. O. Box 780308
Sebastian, F1 32978-0308
Re: Pointe O Woods Subdivision
Dear Mr. Van De Voorde:
This is to review our meeting regarding Pointe O Woods
Subdivision and how your client may obtain acceptance by the City
of Sebastian of the Street and drainage improvements within the
subdivision for perpetual maintenance. We are concerned with
verifying that the streets and drainage within the subdivision
are in a condition whic~ will not cause liability to the City or
create an undue financial burden due to the current condition of
the improvements.
Therefore, we request your client to
documentation to the City of Sebastian:
provide the following
i. Street and Drainage Right-of Way. The current fifty foot
right-of-way is not acceptable in its current form. city
regulations require a minimum of sixty foot of right-of-way in
cases where drainage swales are to be used in lieu of curb and
gutter. Inasmuch as all lots fronting the 'fifty foot street
right-of-ways within the subdivision have a.fifteen foot front
lot easement for utilities, we feel if the final plat, as
recorded in the land records of Indian River County, is modified
to indicate that this fifteen foot easement includes drainage as
well as utilities, this will meet the right-of-way requirement.
Mr. Rene Van De Voorde
Attorney At Law
August 1, 1988
Page 2
2. Drainage System. In 1982, when the subdivisionW~s
developed drainage systems were regulated by DER rather than ~
St. John's Water Management District. In order to accept
drainage improvements we would need the following documentati®n:
A. Verification that the subdivisioh received a permit
from DER for construction of the drainage improvements.
B. Verification that DER approved the
for the subdivision.
drainage plan
C. Verification that the project engineer certified
the completion of the drainage improvements to DER and that DER
received and approved this certification.
3. Drainage Easements - Tract "A". The subdivision plat
indicates a Tract "A" as a drainage area for the subdivision.
The final plat, as recorded in the land records of Indian River
County, must be modified to indicate that the City has access to
Tract "A", that the drainage easement on Tract "A" allows the
City to maintain the drainage system as constructed and that
Tract" A" is maintainable as a legal positive outfall.
4. Street and Drainage improvements. We will require
certification by a registered professional engineer that the
improvements constructed within the subdivision ( which are to be
accepted by the City for perpetual maintenance) were constructed
in accordance with City and FDOT standards as were in existence
in 1982 and that said improvements are constructed within
generally accepted engineering standards.
5. Final Plat. Eight (8) prints and two (2) reproducible
mylars of the final plat must be submitted to the City Clerk and
be accompanied by the following:
A. A check made payable to the Clerk of the Circuit
Court of Indian River County, in the amount established by that
office, for recording the plat.
applicable.
A copy of the homeowner's association bylaws if
Once the above outlined documentation has been received and the
final plat has been modified as requested in this letter, the
grass and weeds within the subdivision must be trimmed so that a
site inspection can be made by the City. Any deficiencies found~
during the site inspection must be corrected prior to final
acceptance by the city.
Mr. Rene Van De Voorde
Attorney At Law
August 1, 1988
Page 3
Finally, you~ client must agree to reimburse the City for
reasonable expenses incurred by us in reviewing the request of
your client to accept responsibility for the maintenance of the
streets and drainage improvements within the subdivision,
including reasonable legal and engineering fees and costs.
If the conditions outlined above are acceptable to your client,
please advise at your earliest convenience.
We look forward to working with you on this project.
Sincerely,
/jmt
cc:
Robert $. McClary
City Manager
Richard B. VOtapka, Mayor & Sebastian City Council
Charles I. Nash, City Attorney
Randy Mosby, P.E., Mosby & Associates
Bruce Cooper, Building Official
Jerry Thomas, Superintendent, Public Works