AGENDA ITEM 3A AUGUST 10 2009

August 3 2009

MEMORANDUM

TO The Honorable Mayor and Members ofthe Citv Commission

FROM City

SUBJECT Fol

Ferrell Gas Suit Settled Following the bid award for construction ofthe Royal Palms Storm Water Drainage Improvements and the related additive alternate cost for removal ofthe Ferrell Gas tanks in the neighborhood the Ferrell Gas litigation has been settled with the gas company paying to the City the additive cost to remove the tanks

Several years ago when the staff began planning for the reconstruction of storm water lines in the Royal Palms Subdivision it was quickly realized that several of the abandoned propane tanks owned by Ferrell Gas would conflict with the upcoming work There are over 301arge abandoned propone tanks in the Royal Palms Subdivision Ferrell Gas was requested to remove their abandoned tanks to which they ultimately refused The estimated cost to remove these tanks was substantial The City paid for a first tank to be removed as a test with a resulting cost ofequipment and manpower over 18000 Because the City officials feltthat it would be unfair for the citizens of Atlantic Beach to pay for removal ofequipment owned and previously maintained by a private company a suit was filed to force Ferrell Gas to remove the tanks A ofthis case was expected in the next few months However given the fact that the additive cost for removal of the tanks came in well under the initial cost estimates Ferrell Gas quickly settled the case

A mutual Release along with a Joint Stipulation ofDismissal with Prejudice has been executed and the City has now received a check from Ferrell Gas in the amount of1940346 The tanks will now be removed by the Citys contractor with full payment having been received from Ferrell Gas

Resolution on San Pablo Island The Commission adopted a resolution at the last meeting on July 27 after making some changes to the original version that was included in the agenda packet The exact changes were not spelled out but direction was provided to staff as to what changes to make Staff felt uncomfortable sending out a resolution without the Commissioners having seen the fmal language so astrikethroughand underline version with the changes as intended the staffunderstands them is attached for your review If it is not what was by action is needed Commission then further direction is requested Ifit is fine as is no further AGENDA ITEM 3A AUGUST 10 2009

RESOLUTION NO 0910

A RESOLUTION OF THE CITY OF ATLANTIC BEACH FLORIDA SUPPORTING THE RECOGNITION OF THE USE OF SAN PABLO ISLAND AS THE DESCRIPTIVE PHRASE FOR THE AREA KNOWN AS THE BEACHES OF JACKSONVILLE

WHEREAS San Pablo Island is a barrier island separated from mainland Florida by the Intercoastal Waterway in Floridas First Coast region Its northernmost extremity ends at the St Johns River in Jacksonville and is the location ofNaval Station Mayport Its southernmost extremity ends at VllanO 13etch 1 arm1liEF einomInbetween are the communities ofAtlantic Beach Neptune Beach Jacksonville Beach all three in Duval County Ponte Vedra Beach Palm Valley and Vilano Beach the latter ithree of St Johns County xrand

WHEREAS The name San Pablo has significance in historical references to San Pablo Intracoastal Creek the Waterway and San Pablo Beach in 1800s maps and

WHEREAS Resorts and communities located on barrier islands up and down the East and West coasts use that island identity as a marketing tool and geographic location identifier and

WHEREAS The use ofSan Pablo Island is a fitting use of a Brand for the Beach Cities resorts hotels restaurants condominiums and the businesses and residents in our communitiesaru

NOW BE THEREFORE IT RESOLVED that the City ofAtlantic Beach supports the introduction of the descriptive term San Pablo Island for all entities located on our barrier island and encourages all businesses and citizens to add that tag line in correspondence and

FURTHER BE IT RESOLVED that the City ofAtlantic Beach will in the future request appropriate signage to designate the area

The City Commission thereupon declared the Resolution duly passed and adopted this 27th day ofJuly 2009

ATTEST

DONNA L BARTLE CMC JOHN S MESERVE City Clerk Mayor

Approved as to form and correctness

ALAN C JENSEN ESQUIRE City Attorney