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01/04/1996.. �; 0 �R��4� � ._.• � l �,. Q � i ,� .a �! ��y' ,�`�•�?: '� .:�.: s / �r 0 � � :� � �� . � � A:;�= � � CITY CtJMMISSf�N MEETING Notie: l'��� Preliminary (Worksession) agenda and papezwork that was in package initially but then not continued onto Thursday's a�enda is at the back of this agenda pack. � :� ACTION AGEt�DA - CLEARWATER CITY COMMISSION MEETING Thursday, January 4, 1996 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us, If you wish to speak please wait to be recognized, then state your narr�e and add__ ress� Persons speaking before the City Cammission on other than Public Hearing items shall be lirnited to 3 rninutes. No person shall speak more than once on the sarne subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations a� Jolley Trolley 6. Approval of Minutes - Regular Meeting 12l7/95 & Special Meeting 1 2/4/95 7, Citizens to be heard re items not on the Agenda 1. Rev. Dick Church, Calvary Baptist Church. 2. Mayor. 3. None. 4. None. 5. a) Presentation given. Approved support of Jolley Trolley's requests to PSTA. 6. Approved as subrnitted. Jim Warner, re�resenting Sand Key Civic Association, requested something be done to reduce speed of vehicles coming off Clearwater Pass Bridge onto Sand Key. PUBLIC HEARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P,M. Administrative public hearings: - Presentation of issues by City staff. - Statement of case by applicant or representative (5 rninutes►. - Commission questions. - Comments in support and in opposition (3 rninutes per speaker►. - Commission questions. - Final rebuttal by applicant or representative (5 minutes). - Commission disposition 8. Public Hearing & First Reading Ord. #595�- 9C - Vacating (& Quit-Claim) city's interes� in westerly 160' m.o.l. of South Shore Blvd. r- o-w and the 20' temporary construction easement which crosses South Shore Blvd. to Fisherrnan's Wharf of Clearwater, Inc. {City, V95-22) 1 I4/96 � �� 1 8. Approved. Ord, #5959-96 passed 1st reading . � 10. 1 1. 12. 13, 14, 15. Public Hearing & First Reading Ord. #5960- 96 - Vacatir,� ;�uil east/west r-o-w of Pinellas Street, lying between Waters Ave. & Bay Ave., subject to it beir7g retained full width as a drainage, ut�lity, ingress & egress and sidewalk easement (Morton Plant Hospital, V95-14) Public Hearing & First Reading Ord. #5961- 96 - Vacating West 2' of 12' Drainage and Utility Easernent lying along East side of Lot 27, Woodgate of Countryside Unit One, less South 5' {Joyce, V95-18) Public Hearing & First Reading Ord. #5965- 96 - Vacating East 2.5' of 7.5' Dsainage and Utility Easernent (ying along West side of Lot 406, Morningside Estates Unit 4(Olson, V95- 19) Public Hearing & First Reading Ord. #5966- 9� - Vacating 5' Drainage and Utifity Easement {ying a{ong Northeast side of Lot 52, Ambleside First �ddition (Dierner, V95- 20) Public Hearing & �irst Reading Ord. #5967- 96 - Vacating (& Quit-Clairn) city's interest in water main easement granted to the City by Florida Power Corp. on 2I20/95 back to �lorida Power jSecs. 6-29-16 & 7-29-16) (City, V95-1 5) Public Hearing - Request to vacate W 8' of easterly 10' Drainage & Utility Easernent and S 3' ofi northerly 5' D&U Easernent; staff recommendation to vacate portion of easterly 10' D&U easement occupied by pool structure lying in Lot 153, Woodgate of Countryside Unit One; direction for ordinance at next meeting for recommended vacation (Rubin / Jacobs, V95-16) Public Hearing - Vacating Bryant Street, lying 38' westerly of Lot 22 and Cross Lane, lying southerly of Bryant Street, all lying in Oak Haven Sub., subject to existing utilities being relocated, a truck turn around being constructed at applicants' expense, and new drainage, utility and ingress & egress easements being provided as approved by City Engineer; direction for ordinance at next rneeting (MEDEC, V95-17) 1 I4/96 2 9. Approved. Ord. #5960-96 passed 1 st reading. 10. Approved. Ord. #5961-96 passed 1 st reading. 11, Approved. Ord. #5965-96 passed 1 st reading. 12. Approved. Ord. #5966-96 passed 1 st reading. 13. Approved. Ord. #5967-96 passed 1 st reading. 14. Approved staff's recommendation. Ordinance to be prepared. 1 5. Approved. Ordinance to be prepared. 16. Pubiic Hearing & First Reading Ords. #5950- 95, #5951-95 & #5952-95 - Annexation, Land Use Pian Amendment to Industrial Limited & IL Zoning for property located at 2030 Calumet St., Ciearwater Industrial Park, part of Lot 9(Douglas R. �irch, Trustee, A95- 26, LUP95-32) 17. Public Hearing & First Reading �Ords. #5953- 95, #5954-95 & #5955-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6(Rebecca L. Hutto, A95-27, LUP95-33) 18. Public Hearing & First Reading Ord. #5889- 95 - LDCA amending permitted and conditional uses (LDCA 95-12) - Staff request to continue to 1 /18/96 �a 20. 21. 22. 16. Approved. Ords. #5950-95, #5951-95 & #5952-95 passed 1 st reading. 17. Approved. Ords. #5953-95, #5954-95 & #5955-95 passed 1 st reading. 18. Continued to 1 /18/96. Public Nearing - Second Reading Ordinances Ord. #5920-95 - Amending Sec. 40.367, to establish new parking requirements for the Beach Commercial Zoning District �LDCA 95- 18) Ord. #5921-95 - Creating Div. 14 of Ch. 41, to establish development standards for parking garages (LDCA 95-22) Ord. #5941-95 - holding residentia{ recyc{ino rate at 52.05 per month, effective 1/1 /96, providing multi-family recycling to a{I complexes in Clearwater at the rate of $1.50 per living unit per month, effective 6/1 /96 Ord. #5949-95 - Amending Sec. 33.067, revising wake zones in Clearwater Pass (around new Clearwater Pass Bridge) and Clearwater Marina Channel 19. Ord. #5920-95 adopted. 20. Ord. #5921-95 adopted. �1. Ord. #5941-95 adopted. 22. Ord. #5949-95 adopted. 23. Special ItPms of widespread public interest a� Status of Gas System Expansion - Status report giver�. CITY MANAGER REPORTS CONSENT AGENDA (Items #24-35j - Approved as submitted. 1 /4/96 3 The following items require no forrnal public hearing and are subject to being approved in a sinc�le motion. However, any City Commissioner or the City Manager may rernove an item from the Consent Agenda to a{4ow discussion and voting on tne item individually. 24. Contract for installation of polyethylene gas main on US19, from SR54 to 112 mile N of Ridge Rd„ to A& L underground, 1nc., Tallahassee, FL, for Pasco County Gas Expansion - Phase II, at an est. $752,657; approve tunding for associated gas related materials, est.$143,500, for total est.$896,157 25. Contract for installation of polyethylene mains and services to Jasco Corp., Fort Myers, FL, at an (6A5) ; �st. S41 1,350 fGAS� 26. Purchase propane tanks from Arnerican Welding and Tank, Camp Hill, PA, for the period 1/5/96- 1/4/97, for an est. 560,165 IGAS) 27, Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, to secure a natural gas easement across CSXT's r-o-w in Oldsmar, for $1,530 tGA�) 28. Purchase of tire service, repair & replacement for city vehicles to Stringer Tire Cornpany, Inc., Tampa, FL, for the period 1/5/96-12/31 /96 with option to renew for additional year upon mutual consent, at an est. not to exceed 5203,971.25 (GS) 29. Purchase of 24 automobiles for Police Department: Maroone Oldsmobile, lnc., Pernbroke Pines, FL, Nine 1996 4door midsize sedans, for 5126,495 and Six 1 996 2door midsize sedans, for $100,848; Bill Currie Ford, Tarnpa, FL, Three 1996 sports vehicles, for $55,992; Kaiser Pontiac Buick GMC Truck, Deland, FL, Two 1996 sports vehicles, for 543,060.7(J; Garber Chevrolet-GEO, Green Cove Springs, FL, One 1996 compact sedan, for 512,603.5�; Plaza Jeep Eagle Isuzu, Leesburg, FL, Three 1 996 4door full size sedans, for 549, 387.65; award an administrative fee of $150 or S50/vehicle to Florida Sheriff's Association; for a total cost not to exceed $388,536.85; funding to be pr�vided under city's rnaster lease-purchase agreement (GS) 30. Purchase of one 1996 Combination Sewer Cleaning Vehicle from Southern Sewer Equipment Company, Fort Pierce, FL, for $1 59,770 (GS} 31 . Renew contract for equipment services for Xerox copier maintenance with Xerox Corp. Tampa, FL, for the period 2/1/96-1/31(97, at an est. $38,220 lIM) 32. Purchase of polymer from Allied Colloids Inc., Suffolk, VA, for the period 1/5/96-1 /4/99, at an est. 5327,000 (EN) 33. Receipt/Referral - LDCA re clarifying Nonconformity Section (LDCA 95-24► (CP) 34. Receipt/Refe�ra( - LDGA re establishing zoning standards for Police Substations ILDCA 96-01) (CP) 35. Receipt/Referral - LDCA re establishing "Research and Technology Production" Use fLDCA 96-02) (CP) OTHER ITEMS ON CiTY MANAGER REPORT 36. Approve Joint Project Agreement with FDOT to install naturaf gas mains during widening project of SR54 (Pasco County} from Rowan Rd. to Mitchell Bypass, at an est.$1 t37,982.39; Res. #96-Ob - regarding Utility Joint Project Agreement with FDOT; authorizing execution of agreements for installation and acceQtance of new city facilities; authorizing placing of funds with FDOT for completion of utility installation 1 /4/9C � 36. Approved agreement. Res. #96-05 adopted. (GAS) 37. Contract fQr mot��ng services to Suddath Relocation Systerns, St. Petersb�rg, FL, at an est. �79,908 {FN) 38. City Marketing Plan tCM1 K� .� � 4Z. 43. 44. "Enterprise iVetwork - Phase 1 " - purchase 213 micro cornputers, associated hardware & installation from Inacom fnformation Systems, Tampa, FL, for 5567,434; hardware, software & installation from Digital Equipment Corp., Tarnpa, FL, at an est. $323,831; approve $54,376 expenditure for purchase of Microsoft Suite, the City standard software from Soutliern Office Equipment, Tampa, FL; approve $12,330 for purchase of software from McAfee Associates, Santa Clara, CA; financing of computer equiprnent in the amount $892,930 to be provided under City's master lease- purchase agreement (IM) Underd'rain Contract to Keystone Excavatcrs, Inc., Oldsmar, FL, for S 598,822.50 (EN) Water Main Replacement Contract - Phases 13 & 14 and Morningside Underdrain Replacement to QII Arnerican Concrete, Inc., St. Petersburg, FL, for $2,826,554 (EN) Street Resurfacing Contract to Golden Triangle Asphalt Paving Company, Clearwater, FL, for $927,720 (EN) Design Review Board - 1 appointment (CLK) Other Pending Matters 37. Approved. 38. Approved. City Manager announced Ms. Jean Sherry has been appointed as City's Tourism Director. 39. Approved. 40. Approved. 41. Approved. 42. Approved. � 43. Appointed Mark Cagni. 44. None. CITY ATTORNEY REPORTS 45. First Reading Ordinances a) Ord. # 5568-96 - Amending Art. fll of Ch. 2; designating an official city sea1; establishin� general restrictions on the use of said sea{ 46. Resolutions a) Res. #96-01 - Accepting amendment to Indian Rocks Beach gas franchise b) Res. #96-02 - Assessing property owners the costs of having mowed or cleared owners' lots 1 /4I96 5 45. First Reading Ordinances a) C)rd. #5568-96 passed 1 st reading. 46. Resolutions a) Res. #96-01 adopted. b) Res. #9G-02 adopted. 47. Other City Attorney Items 47. City Attorney reported citizen request for skateboard ordinance. Directed to research need and other municipalities ordinances. Requested authority to hire Stephan Barbas as outside counsel in Workers Compensation related suit in which in-house attorney has a cvnflict. Consensus to authorize. 48. City Manager Verbal Reports Question if there was interest in addi�g language to the alcoholic beverage ordinance to be considered by Cornrnission on 2/1 /96 that would liberalize restrictions on restaurants in hotels with 50-100 rooms. Consensus to proceed. 49. Other Cornmission Action Berfield requested Parks & Recreation look at putting a skateboard track in one of the parks. omas requested Commission reconsider lighting the Cfearwater Pass Bridge. Motion to use $100,000 in the bridge construction project for lighting the eastern side of the bridge, lighting the arch first and if rnoney still available the pifings as well was approved. Thomas questioned percentages contained in a memo from Scott Shuford regarding a Coachman Ridge survey not adding up to 100. Thomas recommended a boo}tlet regarding departmental responsibilities suggested by a new employee be available to the public as well. I,homas announced grant sought for purchase ofi Camp Soule approved. Will need to raise matching funds within the next 6 months. Garvev questioned if the Commission wished to send a Resolution to legislative delegation regarding support of Sand Key Beach Renourishment. Consensus to do so. 50. Adjournment - 9:13 p.m. 1 /4/96 C� ,� , ,i t . TO; Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation �OPIES: DATE: �; CITY OF CLEARWATER Interdepartmental Correspondence Cynthia Goudeau, City Clerk January 4, 1996 Tonight's invocation will be offered by Reverend Dick Church, Calvary Baptist Church, 331 Cleveland St., 34615 � ;� , .� � ��. �.� �:: {:r i• ':l. ��. � / �r ��a.r� � . l . � , ,:���. � � "�"' I� I"�i � ,� � /` A A �.. Mayor Garvey, Commissioners Berfield, Clark, Johnson and Thornas: � In behalf the Board of Directors I am pleased to subrnit this annual r9port (1995-96) of the Jol�ey Trolley Transportation of Clearwater, inc. together with the recently compieted independent audit. The Directors of the Joiiey Yrolley ar�, at all times, cognizant of the source of fiunding and cost factor of the operation, ever seeking improvement thereof. However, the "numbers", as defined mon�tarily, in and of themselves, do not always represent the true measure of s�ccess. The Joiley Trolley "Systern" has made great strides within the past fiscaf year. The System now aperates five (5) Trolleys, and by anyone's measure, ha� achieved unqualified success operationally and in public recognition and popularity. Ridership progressively increases. The System continues to improve its �veral! operation; and the public in general, whether tourist, summer resident or native has �ccepted the Joiley Trolley as the ""Fun Way To Go".... The System's employee roster fluctuates between sixteen and eighteen trolley drivers, alf part-time, and generally working under thirty hours a week each. The affice is staffed by a full time office manager and a full time traffic manager with two �art-time empfoyees covering evenings and weekends. The combined effor�s of the drivers and office staff have contributed �reatly to the overal� success of t�e Jolley Trolley. School bus drivers re�eive higher wages but if is doubtful that they enjay their work as do ovr drivers. Qne has but to listen to the inter-trolley radio �hatter of the drivers, or their promotionai spiels regarding restaurants and businesses along the trolfey route to realize that they not oniy enjoy their work but are 1 )oll�y Troiley Transportation of Clearwater, Inc. 4� Causeway Bfvd. Clearwater, FL 3463� •(813)445-1200 qui#e proud of the service they are perforrning. As a further step towards improvement of the Joiley Trolley service, during 1995, the System acquired two new "mini- trolleys" which wer� irnmediately placed into service with the expectation of substantialfy improving "waiting tirne", City funding cornbined with availabie operational incorn� have sustained the financing of these trolleys under a"sinking fund" established for that purpose which will be finalized in Decernber 1996. However, the three (older) trolleys I�ased from the the PSTA, because of chronic breakdowns which puts thern out of service, have been the principal cause of our inability to red�ce "waiting tirne" and more, importantfy, operationai costs. Considerable expense has been expended in their repair and rnaintenance. A program of "preventive maintenance" has brought the problern somewha� under control, yet fihe age of the three leased tro!(eys rernains a constant cost factor. Additionally, in the spirit of cooperation, but at additiona! cost, the Systern i ncreased operati ng hours by forty-two hours a week so as to provide service frorn the fVlarina to commuters frorn Sand Key during the bridge closure. A Trolley is at the marina every hour on the hour all day. Despite all of this the Jolley Trolley has rnaintained its regular service without serious interruption. The Board of Directors therefore has discussed, and has decided, that practicality requires retirernent (or for use as k�ack-up only) of the older trolley�, �nd is considering the acquisition of a new trolley �ach year until the three older trolleys have been retired. Replacement of the oider trolleys combined with the "preventative rnaintenance" program, and our recently acquired ability to do rnost of our own repairs will effectively reduce `�down time" and substantially reduce operational costs. Recognizing the Jolley Troliey's serious efforts towards greater interr�al fiscal managernent and control, the �ity� Cornrnissioners have allowed the System occupancy of the building at 311 S. Madison for use a� a garage. A mechanic has been contracted (as an independent contractor) fo� the performance �II mechanical repairs which �nr�re heretofore sent to private garages at considerable expense. Orgar�ization and i n�tiation of the garage effort wiii �oon produce the expected savings. Despite all of ihe foregoing the reali#ies are: (1) Despite +ts succes�ful achievements, the Jolley Trolley, to date, is not, 2 and rnay never be a seif-supporting entity. Revenues firom advertising have not met wi�h expectations but have been of great assistance in overcoming the "repair deficit" and together with City funding have aided in the acquisition of tv►ro new trolleys. � 2) The principal purpose for which the System was estab{ished has proven to be successful far beyond its conceptual expectations. Visitors to Clearwater �Beach area are delighted with, amused by, and enjoy the Trolleys' convenience, accessibility and affordability. The Jolley Trolfey is the transit system preferred by tourists, snow-birds and locals within the system's route area. The increase in ridership numbers says it all! The Jolley �'rolley is, and must be, here to stay! The current fare of twenty-five cents has an obvious appea! but is unrealistic if the System is ever to reduce the funding costs of its operation. The combined daily fares of all trolteys does not cover the drivers� wages. Increasing the fare to fifty cents might cover salaries, but might cost the systern some ridership. The Board of Directors is, however, convinced that an incre�se in fares wiif not cause a negative response by visitors (for whom the systern was primarily designed). The Board therefore recommends that a fare of fifty cents be approved by the Cornmissioners (approval by the Board of the PSTA is also required). ( 3) Charters of the Trolleys as an additional source of income for the Systern should be permitted beyond the limitations placed upon the System. INe have had nurnerous r�quests for charter of the Trolley(s) for weddings, children's parties, conventioneers and others vvho just wanted io tour around. We are currently holding about five requests in abeyanc�. lJnder the present Agreement with the PSTA we are compelled to stay within our designated route. The Board of Directors feei that a modification of the existing Agreement with the PSTA whereby the Jolley Trolley coufd accept private charter, of its awn Trolleys,without regard to a fixed route wouid greatly enhance its income producing ability and would in nowise affect performance of it� �chedule(s) nor act in competition to the PSTA or anyone else. The Board of Directors requests that the Commissioners unanimously vote support of a petition to be fiied with the PSTA Board requesting �� � :. modification of #he Agreement and th�reby permitting the Joliey Troifey the right to aceept private charters nf its own troileys without regard to a fixed or fimited rnute. (4� Furthermore, the Board of Directors of Jolley Trolley, request the City Commissioners support modification of its Agreement with the PSTA whereby the System's routes for service be enfarged beyond the existing and restrictiUe route(s) so that the System may mare adequately service the needs of visitors. (5) Additionally, the Jolley recornmends that funding of the System be continued but by annual budget request predicated upon operationai need, presented to, and approved by the Commissioners on a permanent basis as opposed to the presently operativ� three (3) year agreement. The Board of Directors of the Jolley Trolley Transportation thank the City Commissioners, the City Manager, Department Heads, and all of the Staff for their cooperation and generous assistance provided the Troliey System since its inception. Respectfully submitted, JOLLEY TROLLEY TRANSPOR�Q �OF CLEARWATER, INC. �����`� .. a1 .� ..��,-- / � A. 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I have provided sufficient copies for yourself, the Mayor and each Commissioner, Should there be anything further you or the Commissioners would require, or expect of the Jolley Trolley please advise accordingly. Cordially, / //' � � /i � /� � .- �.r/_ , ,. . • , , � Jolley Trolley Transportafiion of Clearwater, inc. 40 Causeway Bivd. Clearwater, FL 34630 �(813)445-1200 �■ �' � . - ri Members of the Board of Directors of the PSTA: Ladies and Gentiemen: Under the present Agreements with the PSTA and the City of Clearwater, the Jolley Troiley has been operating with a twenty-iive cent (.25) fare and restricted to a limited, fixed route for the benefit, prornotion and encouragement of tourism in Clearwater . since December i 993. The Board of Directors of the Jolley Troliey Transportation of Ciearwater, having requested the approval and support of Commissioners of the City of Clearwater, respectfully request that the Board of Directors of the PSTA approve and authorize : 1) A fare increase to fifty cents; 2) Mod'+fication of its Agreement vuith Jolley Trolley whereby it may accept private charters ofi its own Trolleys without limitation as to any limited, fixed route; and, 3) Enlargement of the Trolley System's current route so as to rnore adequately service the needs of visitors. These requests represent a realistic recognition not only of econornic necessity but also of the demands placed upon any transit system within a resort and tourist oriented area.The twenty-five cent fare is unrealistic and should be raised to fifty cents. Moreover, the Jolley Trolley can best serve the visiting pubfic by the enlargement of its "tourist" route(s) and by the its ability to accept private charters using its own Trolleys. Furthermore, route enlargement, charter privileges and a fare increase would represent a major step towards assisting the Jolley Trolley in the reduction of the City's subsidy. It is no exaggeration, at this tirne, to say that the concept, creation and operation of the Jolley Trolley system is an unqualified success. Within a shart space of tirne the Jo!!ey Trolley has overcome many obstacles and is unquestionabl� a very popular and highly valued service enjoyed by tourists, seasonat residents and locals. )olley Trolley Transportation of Clea►-water, Inc. 4U C�useway (31vc1. Cle�rwater, FL 3�630 •(f313)445-1200 The Jo11ey Trolley systern increased its vehicular number to five (5) having purchased two (2) trolleys during 1995. Recognition and ridership of the Trolley system increases (see ridership printout attached) as the system gains substantial visibility as "The Resort Transit Systern..., The fun way to go!!!" This acceptance of the Joiley Trolley System as "the fun way to go" has resulted in numerous requests for charters of the trolleys, for private events. We have received, for an example: charter requests frorn parents desiring their child's birthday party to be held on the Trolley while touring the city; many, rnany requests for wedding parties to be transported to and frorn the church and to their receptions; groups of conventioneers wishing to be transported to and from their hotel(s) to other places of interest; and, with the soon to be cornpleted Harborview Center we antfcipate that many events wili be desiring conveyance to various places of interest within and outside of the city by ""The fun way to go ". Th�e Joltey Trottey is prepared and desirous of providing these services and requests that the Board of the PSTA, after serious deiib�eratian, honor the requests as reasonabfe by enodification of the existing Agreement with the Joll�y Trolley. Respectfufly submitted, �; � - -. _ -�%� -E— — � �G'� ------ Albert A. Sakey, Preside a _ � � w 0 � v rn rn � �� ---rN � _ ; ;a" �� '�', -. G � -,� 'v'i: ; � I _ i .N ; ___ ' �x� ; �--}-,�� -� '�i�, �;,;;.._;._1_ .�_,_,;._ ; . i ,.�, -. � ., � �. 4 , �� I � � , , �, i v� � { I � � i � -i- r-� {:`" _ � � _i .I-..�-- ,� - r, ; ; � � I � N '- � � �.r�^ :, A 1 i � 4 � 7 8 10 11 12 13 ia 15 16 17 18 19 20 21 22 23 24 25 2� 21 28 29 30 9t J2 33 34 95 98 37 90 34 JO 41 a; 49 44 as � 1995 RIDERSHIP REPORT _i.t_�i� ' i_.0_ r� --F- -�- -�— r ��� .�.� 4+.� IUI M��r�l�� �•.1 I7t�17 '��+II �I�� ��1�� r,U� ti�l �aIH tlitl tolll 111H 191H I(1I11 t1l11 tblll t01N 11IH 11111114I11 )nIH 11X1 77Nt1'l:11i1)?�111 9SIH 90111 "/7111 7RIH 7N111 1u1111151 MOlnf __-- —_t-- - - — �w� ��"�-- I D709 t�nar 292 243 230 t3ti 251 :�)0 ?W 25d 322 24B 283 979 �03 207 343 927 311 385 40� 3S9 469 941 343 219 251 3BG 351 4U5 342 3B3 319 9700 we t r.i in � i � tuo aaes �sns FFki 12590 DAILY 3a4 444 474 aT3 1)7 55Z 3B4 269 98B d38 512 417 02J 435 410 A75 533 582 4�1 -025 475 A79 43B 545 465 402 459 457 12350 �v( ! 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'.���� . � Y..Y �1 ` t 1 � ...,.+ ;� � � ,...i � ,1 � �, � � �; � �....,� � �E � � � ; � ; � fj� i � 1�M � � � y . � � �� .....� ; ...I Y w ! � i � ;MS-k Y ,1 �w� �.,. y { 1 �� JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC. Financial Statemea�ts September 30, 1995 and 1994 (With Independent Auditors' Repo�•t Thereon) - - � . . . . . . . . . . . . . . . S I�IRKLAND, BRAKEIV�AN, RUSS, MURPHY & TAPP CERTIFIED PUBLIC ACCOUNTANTS �� -; � Indenendent Auditors' Renort �u� The Board of Directors . Jolley Trolley Transportation of Clearwater, Inc.: -- • We have audited the accompanying balance sheets of Jolley Trolley Transportation of Clearwater, Inc. (a non-profit organization) as of September 30, 1995 and 1994, and the related statements of ��� support and revenue, e�penses, and changes in fund balance, and cash flows for the year ended � September 30, 1995 and for the period November 15, 1993 (date of inception) to September 30, ;�:, 1994. These financial statements are the responsibility of the Organization's management. �ur responsibility is to express an opinion on these financial statement.s based on our audits. ��{ � ;.-, � We conducted our audits in accordance with generally accepted auditing standards and Governmeni Auditirtg Staf�dards, issued by the Comptroller General of the United States. Those standards requu-e that we plan and perform our audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes eaamining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe our auciits provide a reasonable basis for our opinion. •--- In our opinion, the financial statements referred to above present fairly, in all material i�espects, the .�, financial position of Jolley Trolley Transportation of Clearwater, Inc. as of September 30, 1995 and 1994, and the results of its operations and its cash flows for the year ended September 30, 1995 and for the period November 15, 1993 (date of inception) to September 30, 1994 in conformity with . generally accepted accountin� principles. ._... � _. ����u�� �r.�l�„ /c�'fs /'�,�� � � � October �7, 1 �95 { /a �� 13577 Feather Sound Drive • Suite 400 • CleanNater, Florida 34622-5539 •(813) 572-1400 • Fax (813) 571-1933 ' . ; � JOLLEI' TROLLEY TI2ANSPORTATION O� CL�ARWATER, INC. B�lance St�eets ASSETS Current assets: Cash Prepaid and other current assets Total current assets Property and Pquipment Less: accumulated depreciation and amortization Net furniture and equipment Other assets September 30, 1995 1994 $ 61,989 19,286 81,275 233,447 34.846 198.501 $ �7_� 876 LIABILITiES AND �UND BALANCE Current liabilities: Due to City of Clearwater Current maturities of long-term debt Accounts payable and accrued expenses Deferred revenue Total curcent liabilities Long-term debt, less current maturities Total liabilities Fund balance - unrestricted Camrnitments See accompanying notes to financial statements. 66, 791 21,762 1.938 90,491 6,295 96,786 l 83,,090 �� : . 60,952 8,912 69,864 61,366 5,701 55.665 4,074 �.29-603 15,000 13,235 3,200 31,435 31,435 98.168 �� � ;� �; � � � ,A .t � ; �.. �� , � � � ,�.. .,_. tt.,.f � �.� � � � �� :� _. t a ; , ., t� , i � � -j+ � , :..► �� � t � I JOLLEY TRULLEY TRANSPORTATION OF CLEARWATER, INC. Statements of Support and Revenue, Expenses, and Changes in Fund �al�nce Support and revenue: Support: City of Clearwater Operations Grant City of Clearwater Vehicle Maintenance Grant Total support Revenue: Fare revenue Advertising revenue Interest incorne Charter revenue Other revenue Total revenue Total support and revenue Expenses: Salaries and benefits Vehicle maintenance Depreciation expense Insurance expense � Fuel expense Office supplies and expenses Personnel costs Uniforms Utilities Rental expense Interest expense Prafessional fees Total expenses Excess of support and revenue overexpenses Fund balance - unrestricted, beginning oF period Fund balance - unrestricted, end of periad See accornp�nying not�s to financial staternents. For the Period November 15, 1993 Yezr Ended (date of inception) to Sentember 30, 1995 September 30, 1994 $ 310,000 50,000 3 60,000 40,864 46,349 1,244 1,440 2,056 91,953 451,953 183,426 73,725 29,145 27,960 18,524 13,676 2,529 539 4,975 1,643 5,289 5.600 367 031 84, 922 98 168 $1$.�.�_9 232,500 50,000 282,500 25,647 775 522 120 SS4 27,618 310,118 119,933 29,241 5,701 i6,506 7,884 13,449 4,341 1,747 5,311 1,337 900 5,600 211.950 98, l 68 .. . ._ ._. �o � ' .--, F..... �^ -, 4'�'� '� � �...; �� � -} � � : °� � � � �� { � �� + � � � � `�� „ � JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC. St�tements of C�sh Flows Year Ended Se�tember 30, 1995 �ash flows from oper�ting activities: Excess of support and revenue over cxpenscs Adjustments to reconcile excess of support and revenue over expei�ses to net cash provided by operating activities: Depreciation expense Increase in prepaid and other current asscts (Increase) decrease in othcr asscts Increase in accounts payable and accrued cxpenses Increase (decrease) in deferred revenue Net cash provided by operating activities Cush flows used in investing activities: Capital expenditures Cash flows from financing activities: Borrowings on long-term debt Payments on long-term debt Borro�+rings on City of Cleanvater loan Payments on City of Clean�rater loan Net cash provided by financing �ctivities Net inerease in cash Cash at begiruiing of period ... v, „_; Cash at end of period �-� Supplemeatul disclosure of cash llow information:� � CASh paid for interesl . � .. See accompanying notes to financial statements. � $ 84,922 29,145 (10,374) 4,074 8,527 1 262 115,032 172 081 10G,000 (32,914) 15 000 58,08G 1,037 60,952 $ �� 2 $ .�,1�2 For the Period November 15, 1993 (date of inception) to Se�tember 30. 1994 98,168 5,701 (8,912) (4,074) 13,235 3,200 107,318 61366 15,000 15,000 60,952 _�! ' _-----= � ,._ � i, JOLLEY TROLLEY TRA.NSPORTATIUN OF CLEARWATER, INC. Notes to Financial Statements September 30, 1995 and 1994 (1) Summarv of SigniPcant Accounting Policies (a} Or�anization Jolley �'rolley Transportation of Clearwater, Inc. (Organization) is incorporated under the laws of the State of Florida as a non-profit corporation. Tts purpose is to provide a local and tourist public transportation system between the islands and the City of Clearwater. (b) Basis of Accountin� The financial statements of Jolley Trolley Transportation of Clearwater, Inc. are presented on the accrual basis. (c) Revenue Reco�nition Revenue from Operations and Vehicle Maintenance Grants (see Note 4) are recognized over the term of the Grants. (d) Propertv and Equipment Property and equipment are stated at cost. Depreciation is charged against earnings over the estimated usefut service period of the assets using the straight-line method. (e) Reclassifications Certain items in the 1994 financial statements have been reclassified to conform to the 1995 presentation. (2) Income T�xes .. In 3une 1995, the Organization received a favorable determination from the Internal Revenue � Service (IRS) as to its federal income t� exemption status under Section 501(a) of the Internal `" Revenue Code. �� �.: r � , �'t � (continued) a� � � --.. 4�:J � � .�,. �� � ..,. � ,.� � JOLLEY TROLLEY TRA.NSPORTATION OF CLEARWATER, Il*TC. Notes to Financi�l Statements (3) Pro�ertv and �quipment Property and equipment at Septernber 30, 1995 and 1994 are as follows: Trolley vehicles Furniture and office equipment Vehicle improvements Leasehold improvements Signage (4) Grants 1995 $ 156,436 21,200 44,800 8,718 2,293 $ 23�,4 7 1994 15, 723 34,728 8,718 2,197 61�366 Estimated years of useful service 5 5 5 10 5 The Organization has entered into a Funding Agreernent with the City of Clearwater for a period of 34 rnonths commencing December l, 1993, under which the City of Clearwater provided an Operations Grant of $310,000 for the year ended September.30, 1995 and $232,500 for the period January l, 1994 to September 30, 1994. ��`" The City of Clearwater also provided a Vehicle Maintenance Grant for the year ended ;.., September 30, 1995 of $50,000 and for the period December 1, 1993 to September 30, 1994 of $50,000 to allow for th� repair and restoration of the ta-olley vehicles. r ,. i Funding of the above grants in subsequent years is dependent on the approved annual budgetary appropriation of the City of Clearwater. --� Amounts receiv�d under t}�e above grants require the ful�illment of certain conditions as set , forth in the grant instruments. Faitl�re to fulfi(1 the conditions could result in the return of the funds to the grantor, reduction of funding commitrnent or termination of agreement. The Board "' of Directors is of the opinion that Jolley Trolley Transportation of Clearwater, Inc. has . complied with all significant provisions of t11e grants as of September 30, 1995. � � .,w � (cantinued) � � �� ' � �� � � JOLLEY '1'ROLLEY TRANSPORTATtON Or CLEARWATER, INC. Notes to Fii�:�nci�l Statements (5) Lon�-Terrn Debt Long-term debt as of September 30, 1995 and 1994 is as follows; � 10% Note payable in rnonthly installments of $6,36? - j through October I996; collateralized by two trolley vehicles � ; � ' ��� � � � ; � � � �� Less current maturities of long-term debt LonD term debt, less current maturities 1995 1994 $ 73,086 66.791 $ 6_295 �.� � Future principal payments on lon� term debt as of Septernber 30, 1995 are as follows: Year Endin�: September 3 0, 1996 September 3 0, 1997 (6) Due to Citv of Clear-w�ter $ 66,791 6,295 �• ____ • The Organization received a$15,000 loan in January 1994 for office improvements, a covered `�' passenger shelter and signage from the City of Clearwater. The loan bears interest at the City's --� average cash pool rate (approximately 6% at September 30, 1994). In November 1994, the _ $15,t�001oan plus accrued interest of $900 was repaid. � � (7) Corximitments ; Jolley Trolley Trai�sportation of Clear�vater, Inc, has entere� into an operating lease with the '"'' Pinellas Suncoast Transit Autliority for tl�ree trolley vehicles at a rate substantially below ,..,. , market value. The terrn of this lease is for three years, ending in Decernber 1996. The annual `, rental payrnent is $l .00 per ve}�icle. � s..,.. � � The Organization h�s also entercd into �ii operating lease with the City of Clearwater for of�ice spac� at a rate substaniially below market value. The terrn of tl�is lelse is for three years, endin� in December 1996. The annual rental payment is $1,00. (continued) ;� �.w .,�:� . � . �, . _ , . • � . , , � 5:��.�^ ' ' � ' � ' ' - � , :.ro t � � , � T�'� � � �--, � i � _� � �..; � � - �...; � � � ,� � � � �� � � .r � � ��.� � � ; � ��, � «.. :,;, � F"�1� � ( :.. � P JOLLEY TROLLEY TRA►NSPORTATION OT CLEARWATER, INC. Notes to Tinanci�l Statements (8) Subseguent Event On October 2S, 1995, the Organization entered into an operating lease with the City of Clearwater for a garage facility at a rate substantially below market value. The term of this lease is approximately 14 months, ending in December 1996. The annual rental p�yment is $1.00. ;.�.. , .,�,�._..•.. � � KIRK�AI``1�, BRA,KEIVIAI�, RUSS,1'O�IURP�'Y & TAPP CERTIFIED PUBLIC ACCOUNTANTS Inciepende�it Auditor's Rcport on Internit Control Stwucture In Accordance with Goti�ernf»ej�t Auditing Stnndar�ls �` The Board of Directors �° Jolley Trolley Transportation of Clearwater, Inc.: We have audited the financial statements of Jolley Trolley Transportation of Clearwater, Inc, (a ` non-profit organizationl as of September 30, 1995 and 1994, and for the year ended September ,,. , 30, 1995 and for the period November 15, 1993 (date ui inception) to September 30, 1994, and have issued our report thereon dat�d October 27, 1995. .. We conducted our audits in accordance with generally accepted auditing standards and Government ,�;-� Auditing Standarcls, issued by the Comptroller General of. the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the ���- financial statements are free of material misstatement. The management of Jolley Trolley Transportation of Clearwater, Inc. is responsible for ; establishing and maintaining an internal control stnicture. In fulfilling this responsibility, .,,�:� estimates and judgements by management are required to assess the expected beneiits and related costs of internal control structure policies and procedures. The objectives of an internal control '= structure are to provide management �vith reasonable, but not absolute, assurance that assets are k�� safeguarded against loss frorn unatithorized use or disposition, and that transactions are executed in accordance with management's autl�orization and recorded properly to perrnit the pregaration �' of financial statements in accordance with generally accepted accounting principles. Because of �`�� inherent limitations in any internal control structure, errors or irregularities rnay nevertheless occur and not be detected. Also, projection of any evaluation of the structure to fi�ture periods is subject to the risk that procedures may beco«�e inadequate because of changes in conditions or �'� that the effectiveness of the design and operation of policies and procedures rnay deteriorate, In planning and performing our audit of tlle tinancial statements of Jolley Trolley Transportation � of Clearwater, Inc. for the year endec:l Scptember 30, 1995 and for the period November 15, 1993 (date of inception } to September 30, 1994, we obtained an understai�ding of the internal control ,�„ structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and wl�etlier they have been placed in operation, and we assessed control risk iil order to determine our auditing procedures for the purpose of expressing our opinion o�l the financial statemetlts and not to provide an opinion oI� tlie internal control structure. Accordingly, we do not express such an opinion. OM 13577 Feather Sound Drive • Suit� 400 • Clearwater, Florida 34622-5539 •(813) 572-'1400 • Fax <813) 571-1933 � 0 The Board of Directors Jolley Trolley Transportation of Clearwater, Inc. Page Two Our consideradon of the intemal control structure would not necessarily disclose all matters in the intemal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not r.educe to a relatively low level the risk that errors or irregularities in amounts that would be rnaterial in relation to the financial staternents being audited may occur and not be detected within a timely period by employees in the normal course of perfo.rming their assigned functions. We noted no matters involving the internal control structure an� its operation that we consider to be material weaknesses as defined above. This report is intended for the information of the board of directors, rnanagernent, and applicable governrnental agencies. However, this report is a rnatter of public record, and its distribution is not limited. I �ct`!�� q� Uta.nCA^.►n /�u,.f'S . � October 27, 1995 �k,P � � � ' �,/�,� .�. �--, � � � � KI�I�LAND, BRAIKEMAN, RUSS, MURPHY & TAPP CERTIFIED PUBLIC ACCOUNTANTS Independent A►uditor5' Repo�-t on Com�liance with La`vs and Regutations Based on an Audit of Financial Statements Performed in Accordance with Government Auditing .Sta�idards To The Board of Directors Jolley Trolley Transportation of Clearwater, Iilc.: We have audited the financial statements of Jolley Trolley Transportation of Clearwater, Inc. (a non-profit organization) as of Septernber 30, 1995 and 1994, and for the year ended September 30, 1995 and for the period November 15, I993 (date of inception) to September 30, 1994, and I�ave issued our report thereon dated October 27, 1995. We conducted our audits in accordance with generally accepted auditing standards and Governrnent �,� Auditi�tg Sta�rdards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit �o obtain reasonable assurance about whether the `"�' financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to Jolley Trolley � Transportation of Clearwater, Inc. is the responsibility of Jolley Trolley Transportation of �' Clearwater, Inc.'s management. As part of obtaining reasonable assurance about whether the financial statements are tree of material misstaternent, we peiformed tests of Jolley �'rolley t:� . Transportation of Clearwater, Inc.'s compliance with certain provisions of laws, regulations, �Q contracts, and �rants. However, the objective of our audit of the �nancial statements was not to ...1 provide an opinion on overall compliance with such provisions. Accordingly, we do not express � such an opinion. � � The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Acrditing Standards. � This report is intended for the information of the board of directors, managernent, and the ..,,.,; applicable governmental agencies. However, this report is a matter of public record, and its distribution is not limited. .� �rl� /� •, � October 27, 1995 �/'a�+CI�.� / \� ts �lD� � ' � � �'"/°� 13577 Feather Sound Drive • Suite 400 • Clearwater, Florida 34622-5539 •(813) 572-140Q • Fox (813) 571-1933 ..p � 0 U �� ':� `r � � "� r ,.4._.. , .. . - _ . _. � ± ,' � � �` � � ��, : �. : � � . . � �; c', � �, _ . �.�.:: �__.,. � .. � _ . �--�-- , , � ,,,,_ . ,_, , . _ _.. .,,, _. , . ,,.,� x ' � � � �Y; ' `• � _._... � -: �--°+ `�:w.:J , x. ..�'.::. i- t� Dec�r��ber 2�, 1 � ���� RUC��i-'f S4Y�'��iLy, t�.���ui�`�c {Jli �.'i:i�l -, �rt�;lius Sui��c;���t 1����::����;: ,•,i,:ti;v,�ty 1 �2i40 �E�tr� 51r�:�:t i�;u,tii Ci�ur:���t�:r, FL :���u`:':%-'•'���� DeGr fti�ir. 5���-�`��i�;�: R�s��r��inc� to yv��� l�c��:r c�t D����rc►:��r �ir►, ( i►�ivc �i��i,�!c;s�c� �: icr�lac�rnent of the Jolle Tro� ' . ' . . � - y l�y s`�r��,f�c,�s ��1�;����� ��.���ut-� r�;�.��R��.-���;:r�c,�s f�,,`li��v��, ;�ca��q���eiy responds to your ���qu�: �t i�r :�,: ;t .� � ;; ,i�; ►y: _:�:���j :� �: .:t:;u i� ►�:�.;r��ut �tc � �;dai�ional requests :� }.)rLV1ULIS�)•` Jvt�iC;.�t;�i�,�:�: . ; .i�„'�:��.: :li`iCi�:is� _;��j.;fcl;,c'ti�= ;CniIUV��Iz�r��7�:nt that these ('2C�i.1c".:1� `YV�i� UL Uir Ii �i: ;,.��ii i�::, f�:i :f.. ;:::;.r:u �1 �.. f?icc,-`i1f ll� Uft .�u(�tUi;if�! 2�, � ��J. Sir1c� our uri�i����i � ; ; �.�...�,-,� , ,,,� , , . . , . �����►,�����. , 1�4.r'4' ;,��...����u ;����i' �;�i�t.:�� :r�cl� rid�.,r�hip figur�s, a copY ot En� ����:L�r�t ir��:L,���:�,�i�:�;� .;�,u�c .:�,_, ir��:,:�._�;�:y „�:i��.��,..� ��;, i��ur cvsl af operation. Should th�r� �2 ��,;�uri,,�� i��,ii;��, �,;i� • � � �� �.� � c ;,s�:��� �;��r� �r�v�� c� ��I�.�..� �eel free to cor,-�rnunic,�ata ���ii�� u��. CoCc�y��ll;f, JUIILy `1`��vllcy I'ft:ti:�j��i(;�li�i, �..i �;�;;:;i „�:..::i, ti��. �1lb�tt l�. S;.i�cey, F='r�5i;.iL: �t 1 � �1�— •; =,�4' " `'��' �i;, r 'L-LI `��_1� `1 �- ';� '. i ,c <�'��t� „ i °. --- ' ` �_''_��;li��_:t.s.� j s r�-_ ---,�.�w December 22,1995 Mernbers of tl�e Bo�rd of Di���cturs oi ti�i�: 1��1"A Ladies and Gentlemer�: Responding to Mr. Sweeney's December 8, 1995 request to provide more information regarding the Decembor 4, � 9J5 pc�ition filed by the Jolley Trolley, the fpllowing represents a compfian�e vvith r�is requesi and suppiements, or repiaces, the prior subrnission by ihe Qoard of Dirtclors af t��� JoifEy Trofley: (1 � The Board of Dir�ccors of �t�� �1a11e:y "rrc�i�Gy rciterat� their request that the Board of the Directors of the P��"A approv�; th� ��ir� ir�cr�as� from twenty-five to fifty cents. This fiare increase tc� b� applicat�la t� ali rid��rs of the systcm and is necessary for the continued economic success ofi tr�� systen�. (2) The Board of Direc�ors of tf�� Jul1�,�y �f"roli�y reitcrute their request for amendment and/or rnodification of tf�e �xistin j cunti �;ct(s} (d�ted � 2I29i93) with the PSTA by allowing the Jol(�y -!"rolley to �-�cce��t �rival� cfi��ri��r, vf ;ts own Trolleys, within PSTA's service area. Approval of this privil�g� �r1ab►�:� [t►e '(�c�ll�� 5yst�rn to provide the service for wf�ich there has already been a c�reat d�rn�-�nd ;:�r►;� �v��ict� d�mand is expected to +ncrease upon completian o� the Narborvi�v�r C��}t�r. (3) The Board of Dir�ctor5 �f Jalf�y �I�rullc�y r�qu�st tr��t th� PS7A immediately advlse the Jolley Tro!!ey of its intent vvitt� r�;g�rc1� t� paragr���f7 IV of the "master agreem�nt" and_ paragraph 9 �t tt�c; "su��ic.ji�ry �ic�r�l�.��n�r�t", both d�ted 12/29/95), and which provide for autom�tic renc:vv��1 unl�sa i:iti���:r party "��ravic�tis thirt (30� dav� writ�n notice of its intent to tc�r►r�ir�at� tl��is A�r��;r���:�r�t". _ 1 ��ll��y- �1���;il�•y ���till4:��.:�rt;.t��t� ui �:1�:<<��v;�t��r, lcj�. =iU C�.;�,��•��.:}� i}i;,��i. �:i,�:�i.��::�_•��, i=1. ";•�u:SU - (t31:��j1�15—�1`}UU 0 The Bo��rd i�f Directurs r�i ir�� ��,�€I�:y 1�r�11�y f��l that the above provision is crippling its abiiity to rnake "irl futur�" i��ci�ians r�lative and important to the company's operatior�, that its creclit �tar��dirg anci other aspects of its operation, are and have been sever�ly aff�cl�d �3� a r�:suft af ti�e above cl�use. Therefore, the aoar�i c�f the Jo�}� y rl-t'uilLy rc r���c sts tr�at should the �'STA approve imm�diate r�rie��y�C�.i of it►� cvr�tt�,�;.�t:� ��r�c�� ��,�-� Ju!IL,y �l�r��il�y that the above clauses be a15� amEr�d�d t� ��ru•y��iu _,_�.��; !��__._._:i,�;:�:___�,. !� 1 c<<<^�_:.it�s��rivr �;�ritlen notice of its inten,� to terminate this �t�.r��rr-��;r�l° , suct� c��;�:s�� �:�in� tr�` ir�ior� reasonable and equitable as to both parties. � (4) The Board of Dire�tr�r5 �i th� Joi1�:�y Troff�y, aiier reconsideration, have no interest in tha "enlargement" of its currcrst rout�; a� previ�usiy requested. (5) The Bo�rd of Dir�ctor;� of Ir���� Joil�y ��l'r��l�y r�Nve un�r�irr�ously expressed no interest ir� tha "axc�lu��vs U��r��ii��� �" ui �t : c�rr;:il� ;�uu:�: (i�STx route 84), by remova{ of the PSTA bus�~e5, �:s i�a�i U��;r� r;���v�uu�l;� r��:v��i�n�ritiLc� by otl�ers. Operation ot 'th� currently Iic�rs�u ruut� tu������`r �viil� th� ('S1�A Board's approval of the foregoing re�sona�le r�quescs v�ili ����i�l� ti���; Joll�y Trolley to continue to operate successfully and more adeyu�t�ly �;�rv� c��� ���e�c�� of visitors to CiearN�ater. Respectiully sub�z�itced, JaNey Trol{ey Transp�rtai�or� af Ci��.i��1v�«:i , 1r�c:. _________AIUE�rtA. S�kt;y, Pr:;s��i:�lt .^.4i.__. .__r_.�_ � � :�.� . � 0 t��a.7'�— - / � �� � � � ' �; �: ���� I � . � . ■ �� ~' : ��' �`�``� �- ��a, V � 1�-- CLEARWATER CITY COMMISSION Agenda Cover Memorandum SUBJFCT: Vacation Request 95-22 (Cit;y) � (tem # Mceting Qatc 1/04/96 RECOMMENDATION/MOTION: Approve staff's request to vacate and Quit-Claim to Fisherman's Wharf of Clearwater, Inc., the City's interest in the Westerly 160 feet more-or-less of South Shore Boulevard right-of-way and the 20 foot temporary construction easement which crosses South Shore Boulevard, and pass Ordinance No. 5959-96 on the first reading. BACRGROUND: City staff is requesting the vacation of the Westerly 160 feet more- of-less of South Shore Boulevard right-of-way for the purpose of completing the negotiated settlement with Fisherman's Wharf of Clearwater, Inc., in the case of City of Clearwater v. Fisherman's Wharf of Clearwater, Snc. Case No. 93-3285-C17. The City is deeding property it owns on the North side of South Shore Boi�levard along with quit claiming a portion of the vacated right-of-way to Fisherman's Wharf of Clearwater, Inc. in exchange for obtaining additional right-of-way for the new Clearwater Pass Bridge. Fisherman's Wharf will be using this land to restructure their park.ing .lot to make up for the parking spaces lost to the new bridge right-of -way. The intersection of South Shore Boulevarcl and Gulf Boulevard has been eliminated due to the alignment and �levation of the new bridge approach road. All a�cess to the properties on South Shore Boulevard wil_1 now be from South Gulfview Boulevard and this will prove suitable for Police and Fire services as well as utility maintenance. The City has an existing natural gas main located within the Right-of-Way which will be abandoned prior to vacation. The City Engineer has reviewed this request and recommends the request be approved. 0 Legal N/A 8udget N/A Purchas ing Ni A Risk Mgmt. N/A 1S N/A ACM N ENG, r OTHER N A Submi tte City M er VACl1612.A��N i Originating DepF_ � Costs: N/A ; � �ngineering ; i � ' (Current FY) i i - i = User Dept. � Funding Source: i � � ; Public Works � Capt. Imp. ; ; Advertised: � Operating ; i � Date: 12/21 & 12/28/95 = Other ; i � Paper: Tampa Tribune � _ � � Appropriation CodeCs) � � Not required � i I j N�A j ; AffecCed parties � � ; notified i , , , i Not required X Comnission Action Approved Approved w/conditions 0 en i ed Cont'd to Attachments: ', Applicatio^ Ordinance 5959-96 Vacation Number 95-22 "City of Clearwater'� V A C A T I O N R E Q O E 8 T P R O C E 8 S I N G 8 H E E T PL�ASE REVi�W THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED F0�2 THE PROPERTY. INDICATE YOUR C4MMENTS BELOW: REFERENCE ATLAS SHEET NUMBERS 285B SECTIONS 17 TOWNSHIP 298,RANGE 15E. 1. ENGINEERING SERVICES: ,✓ /' , REV I EWED BY :!� APPROV ED BY :,�%l.Jrjf ` DATE :/.1-//- �,�-- CONII�IENTS : The construction of the new ar�er Pass Bridge and the acquisition neqotiations or additional rights-of-way for Gulf Boulevard, has necessitated vacating the portion of South Shore Boulevard. The Gas Division has an existing gas main in the Right-of-Way that will be abandoned prior to vacation. Engineering Services has no object�.ons to vacations. 2. CITY ENGINEER: REVIEWED AND A�'PROVED BY: COMMENTS: l ��� . ; �� DATE: / 2/, z�g� _ ADVERTISING DATE: PUBLIC HEARING DATE: 12�21�95 1/04/96 ArtD ia12s f9s COMMISSION ACTION:----APPROVED----CONTINUED----TABLED----DENIED---- ORDIAIANCE NO. D1�TE OF ADOPTION RECORDED IN O. R. BOOK; PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATIpN CARD FILE: REVISED 06/95 VACPRO.WJS � 1. CITY OF CLEARWATER - ENGINEERING SERVTCES P.O. HOX 4748, CLEARWATER, FL. 34618-4748 PH. (813) 462-6970 V A C A T�, C? N R E Q U E 8 T F I L I N G F O R M NAM� OF APPLICAN� OR DESIGNATED REPRESENTATIVE: FORM NUMBER 1326- NAME: RICHARD J. BAIER, CI,EARWATER CITY ENGINEER PHONE: 452-6042 ADDRE88: P.O. BOX 4748, CI�EARWATER, FL 34618-4748 i�EREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOIt THE VACATION OF THE FOI,LOWING: X EABEMENT TYPE: Construction I X I RIGHT-OF-WAY �—J ALLEY ❑ OTHER 2. LEGAL DEBCRaPTION OF PROPEFtTY TO BE VACATED, IE: IF IT IS A PORTION OF AN EASEMENT� DESCRIBE WKICH PORTION, IF IT IS AN ALLEY� DESCRIBE FRO1� �iERE TO A�iERE OR WHAT LOT/B IT AHUTB, IF IT IS A RIGHT-OF-�9'AY DESCRIBE HOW MOCH TO BE VACATED. 3. �4 . 5. SEE ATTACHED "EXHIBIT A" PAGES 3& 4 OF 4, OF THE SUR�IEY PREPARED BY ECHEZABAL & ASSOCIATES, TNC. DATED MARCH l, 1995. BTREET ADDRE88 OR SIMPLE LOCATZON: SOUTH SHORE BOULEVARD RIGHT-OF-WAY AND CONSTRUCTION EASEMENT LOCATED EAST OF GULF BOULEVARD, FKA CLEARWATER PASS BOULEVARD PROP�3ED USE OF VAC�TED BROPERTY: NOT USEABLE FOI2 CITY PURPOSES, THE CIT� RIGHTS TO USE THE LAND, TO BE QUIT CLAIMED TO FISHERMAN'S WHARF OF CLEARWATER, IPTC. 2�ONING OF ADJOINIAIG PROPERTY : �� = FILE - i VACFORM.WJX � Printod on r�cY� P+W� FORM REVI�ED OS/22/95 PAGE 1 OF 2 v; 6. 7. 8. ATTACHMENTS: LAI�1D BUAVEY OF PROPERTY IS REQUIRED IF TiiIB VACATION INVOI,VES AN E�IBTIh�G ENCROACBMENT. DRAWING SHOWING PROP08ED IISE OF VACATED PROPERTY ( BURVEY, PLOT BI�AN, ETC. ) �3,� SEE RESOLDTION 82-3 (ATTACHED) FOR FEE SCHEDIILE THE FOLLOWIYVG LETTERS OF N� L18JECTION ARE REQIIIRED: (LIST OF CONTACT PER80N8 FO�t THE UTILITIES IS ATTACHEDj �T� FiORIDA POWER CORPORI�TION N� QENERAL TELEPH�NE COMPANY NA T�ME WARNER CABLE OTHER NAME AND ADDREBS OF HOLDER OF EASEMENT AGREEMENT (PLEASE PRINT) NAME: RICHARD J. BAIER, CITY ENGINEER lADDRE88: P.O. BOX 4748, CLEARWATER, FL. APPI,ICANT' 8 BIGNATURE STATE OF FLORIDA) COIII�TY dF PINEZLAS) PH�ONE: 462-6042 4618-474 , The foregoing instrument was acknowledqed before me this by , who is personally known to me or abo has produced as identitication a�ad who did (did not� �ake an oath. � Princ�d on r.cycbd vw•► Not�ry public, Cammis�ion ATo. (Name of Notary typed, printed or stamped) PAGE 2 OF 2 r. i ; - � . � . j � � ( � •6 ,s �s CLEARWAT'�R POINT m o 13 14 �, �9 C4ND0 3� 6-3 �2 �� .7 9 � Q � �� a a o�o � 0�0 A (�'A�ND � 5 6 A$ CJ� �t� Y N � � q p' � � t�i� � R � � ��� � � 895 � �o O� C � �� 4�, � ; ,�g �' �.,91 p 1� ��,3 ��, o �� 5 � .�� o� G�'� p 8 2, � � G � . �r`' . �� , 4 C�� o e��• �� G � � � �,� c�+�,^�' � .�, '2 4� � �, ��� O - o � � 60 C��p� � 1 �,� o � � � 0 m � � °°s,� anr o+n�Ea � P�� C G ti�' O �; � 1 e4s, -sos� � ,3' a2 QOO,� .�.�� i ,$4, O2 m �� �, ��� Prop R.O.W. 4 � � ORE `� O A 0 2 ~ CLEAR�A R 1?9 n 2 ��9 � a6� � ��,� Pon�rr c�� CONDO 5 � � 10-21 �� 1 � /�/ � . � ��/ � � �/ � i� �� i . l�l �/ / I � I � $�`39� � ' � r .: � .r AN ORDINAI�ICE OF THE CITY OF CLE.AR�ATER� FY,ORIDT�, VACATIIdQ A PORTION OF BOUT� SHORE; PROVIDING AN EFFE TIVE DATE. WHEREAS, Fisherman's Wharf o�f Clearwa�.er, Inc., has requested that the City vacate the right-of-way and easeme t described herein; and WHEREAS, the City Commissio finds that said right-of-way and easement is not necessary for municipal use a zd it is deemed to be to the best interest of the City and the general public th t the same be vacated; now, therefore, BE IT ORDAINED BY CLEARWATER, FLORIDA: Section 1. The following: CITY COMMISSION OF TiiE CITY OF SEE EXHIBIIT "A" ATTACHED HERETO. is hereby vacated, closed and rele�sed, and the City of Clearwater quitclaims and releases all of its right, title a d interest thereto. Section 2. The City Cler shall r_ecord this ordinance in the public records of Pinellas County, Florid , fol.lawing adoption. Section 3. This ordinance st�all take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND F'INAL READING AND ADOPTED Approved as to form and and legal sufficiency: ., Paul Ri hard Hull Assistant City Attorney Rita Garvey Mayor-Commissi�ner Attest: Cynthia E. Goudeau City Clerk 0 BOUNDA RY SUfi VEY s��E�i � or d SCCTiO�+ �7, tOWNSi+iP 24 SOUIfi. Rnt�r,E 45 E�54 I P�NELL�S COUNTY, FLORIDA No'R r�� 1/ � 1 �_IRilfl(p lp ^�����_ I�iE U►r pi Cl[��wq1Ei�. IL(K2�UA fIS��LnUAN�S WIIAp� Of C�E��wniEn eE�CH. �N; OlU ii�PUf3UC NAIIpNAL mlE INSURAN�E AND CO�SIA� 80NDE0 11f�E CU Uf' CLL�RWA(E� . 1' ° Sp, ���i�NU SGA�E w/o - w+ n i tx� r Porr� t oF COMMENCEME�N T 19 % � '�� 5�� �1_Ze�tS 2p i w. c�� � oR FNO• 5. ' NO GGR• 5E � r �" � souni nuu�ro�ar � O� SLC. 17-19-IS w/cnn r K11H CnP (P) � F�A! � C. �u. � CONCr,E tE �uONUr�EN T (D) = OCEO o.r,. .. orF�c►n� retaaos FNU. _ �OUNO SEC � SECI�ON CONC = CUHCREIF R/W s AIGII T OF WA Y o.ne. r arrc�n� nccoROS eooK �,I.I.F. - IRUSfEES OF 111E INIERNAI IMPROVEMENT FUND (C) - CnLCUt� rtU, f3A5E0 Orv FiELO MEASUREMENtS �CS = nROrfSS�ONnI LnNO SUR1�Et'OR BL bU = QOUL E vAr. D � _ ��SELiNE I,R. = iRON Rpp \ � .1 Q suR�Er � �90 ��:1�, f�GUI� 8t W. tUR�f N0. 3 '� �•, `c'). j N 12:56'�6' f �� o o t967.96'(C) ^�� v°� � u� CVR►£ fIR I 2p� �naj�(ASf�ENT 7y1 id ��� �i� � ��tpUG � j5� 39l � � \ CURVE DA 7�A � u CVRtiE NO. 1 �►+o �'x�• C u. � � �' � n R tl�• � r�+ DfITA 03'29'�9"(C) str s/a'+p. 11 R�p1U5 989.93'(C) w/c�P te 6�74�� J 11 � IENGTH 60.42 (C) � � 1\ CNOt2D 60. s 1'(C) N �►�o BEARINC N OS'S8'27� W P _� cuRv� No. z = ��' DEItA 29't6'S5'(C) st r s/e'�.e. • i �`� RA�IUS I909.86 (C) h'/C�' t6 6�19 0. �aa IENCiH 976.06'(CJ (.O T 2 ~ ^ a�' c�+oRp s6s. �s yc) BL OCK A �'° BEARINC N 27'35'03' E � � o,,, C UR b E N O. 3 B�YSrDE SHURES DEITA t�'t5'�.!'(C) PLAT B001< 58, AACE 11 � RAOiUS �10.00'(C) n IENCiH 66.J0 (C) CKORO 6S. t 7"(C) srx/r►+ a�cr�t or war tnr[ /r�' BEARINC N 06'�9'00' E oF soun� s��an� ptw. CURVf N0. � s[r s/e'+a.-�� OEl1A �375".36�(C) �/C�r tg 6�29 ��o��s f0a9.9J���� �iNE �no� IENCTH 60.40(C) �tNE t 5.89'18'3l"E. ?0.?)' (C) C1i0RD 60.39'(C) �INE ? N.89'18'.37"�V. ?0.07' �c) BEARINC 5.05'SD'29'E. NO TES; �.) 9EARlNGS BASED ON CRID BEnR�NGS $£INC 5.0038 �7"W. AL ONG 7HE EAS TERL Y PC A T TE(7 RIGN T OF WA Y UF CLf�1RklATER PASS QOULEVAR(�. 7.) ALL DIMENSIONS SHOWN ARE FIELD MfA5URE0 UlYLF_5_' OlNER611Sf NOTED. t�� s�...ir�.cvea►o : Tha Cify ot C/eo�wofcr ECFIE2AUAL 2!e ASSOCIATES, INC. e6� "�'o''�'� �.T►�. ra� �seo� s�ne�nq � uorP�ro ' ^ <���) �s�_u7• r�. �aut �se-��►o �--- -•---- n[�L(�r+S ---- a�.NO _, a+c.wt�r_ u.. _.. l': ::.-:: i- F:::::.: _ '-�'-...�. 'f ` �.-.., ..--�_'Uou v.�.�_i.n �g•C.��To.? [--- ..--° l. uu�o+:s���w „�,.�M. ?�___ EXHZBi'r �r�n ___._._ �..� � :� � - o5„!q,�+ -��w. CI.EA�wn PAS � : 5 �'Je.s�• E. lp : �� . 11�D !/E' � � + �'/b LRP i �a0 3/e" � R. , w/C� rts I��Qt PO1N T OF 6EGINNING SE l S/8 t.R- w/C�n tB 6�79 � sc r s/a'� a. � w/crr �e dl?9 0 � a �: : � �, �or 2 v -c � � �sc t S/n'�.a. w/CnP l8 6 N➢ , D`� � i �•��'73 � � O C o�.p mN � � v m F4 to �r � v � �� �� �4 � b} . C r� � SURVi rOR'S CiA NICAIE e+4 etUh� Ae� i vK� .1 �� ��nr eex�bet ro�wry .� w�ed� rAe� n� t0��e�^ ��d �w�l� 0�� YN..r. l��.t�! S�o�b/� �11rt1 y IK fbN� De�lnr+l d Mi�m �V hN�!Iwr 4PJe1���nnn M OKyt« {1dl'�, f►7b� ►�t � . I�M�l1Q�W :!r4� ' C4 �i.L � t^ �� obN1 R. Voupt+on naa� aasn�v uKo a�+K ra �s� t►�S SUnv[r MU� v�UD UHtt55 �uvqial[D MIIN AH fYlIOSS[D 51111viYCYIY V�� n pAF�ENT TRACT SKETCH SEC�tON �1, tOYn+s���r 29 SOUtra, nnr�GE. �5 Enst PwEllnS COUNir, �LOR�Un 5 oo�LE��r�u (�) GI.�A�WnjGRi 0� W�Y BY PL�t ya r� rv. 77'J 7 J2 "w, (P) I0.00 (P) N. f 2'1218 f. (PJ. �B. JJ (P) � 1 L �� V � o� t� ^� b � 2' .����_5� R=.3t5 (P)� A. = 7J. 78 (P) C. - 7J. 6� (P) N. 06'! � 5 J "E. (PJ —2 = �26. �Z (r) �. =,99.5� (P) C. = 99. J? (P) N. 70 55 ?2 "W (P) R. _ �60. 78 (P) A. � 178. 92 (P) C. = f 69. 83 (PJ S. 8J 54 OJ "W. (P) 25� ZO � TEMP. coNS r. EASE, SI�EEt 2 UF 4 �,o rz'j��� /�A�.0 � ��Oj TO S 2 � zv oo (�) a. -,1 r. �� (n) C. - J9. ?8 (P) N. I S 07 '15 E. (P) -S.A9 57'�5"E.(P) G,. J7 (n) LOT 2, BLOCI< A BA YSiDC Sr�ORES PLA T BOOK 58 F'�IGE 12 TEMP. = TEMPORARY CONS% = CONS]RUCTlON EASE. = EASEMfNT R. = I Q92. 61 (P) /i. a 171. JS (P) G = I 7?. ! 7 (P) N.85 JS'S8"f.(F') lll O C. --� Z � G r -n < c*� ; � � � 0 c � c� � < � � 'r "7� r � -o � � � R. =?80 66 (P) A,=1�?.J6 (P) c. � i+o.s� (p) N.66:JJ 07 E.(Pj N. 5? 17f '!5 E. (P) \C 19.5 � (P) \� h� �� �' �nb s++hr ►�nd�e ra , The Ci1y ol Cieorwoler _ Ei;IiEZABAL dt ASSOCIATES� INC. �� K�b�ba a.�. �� � — 1��, fb�be S)60� S�rvty��Q k 1doAP'�9 ie��) 7!�-+1l� r�� pul �se-eao st[ s+�cr � or � ron suavcron's ctanr�c�a �F[.� t. m pLNS�ONS S��EE 1 3 �F 4 DESCRlPTiOt�d SCCIlUN 17, 1Qwt��lliP 29 SUUIII, ttntl( � IS E�51 ririEll�S COUNtr, rLURiOn Descriplion of l�ract 10 A Porcel of lond lying wi(f�rr� Lof 2, �lc�ck "�1" o( Boyside Shor�es, vs recorded in Plot Book ;i.9, pc�ge 12 of Ihe Public Records o( �r"neflas Covnt y, Flor;do ond beiiig more porliculorly described as (ollo�vs: Commence of the Southwest corner o� s�r'd Section l i, 1'ownship 29 Sou(h� Rar�g e 15 Eost, Pinel►vs Coun! y, Fiorida; fhence North 89'10 31 _Fosi, (Beor;ng bo�;ed o� O.f?, 13�2, Poge 278, Public f.'ecorcls o( Pinellos County, Fiorido), olong (he Souih t�ovndory of sar'd Section 17, a distonce ot 84,3 47 feel to a point on the basetine of survey o( Guff Qoulevo�d, os now estoblished; (tlie rrext five courses ore olong the �aseline of survey ot soid Gulf Boulevard) t�ience North 42'13�.31" East, o distance of 19$3.25 (eet to �he beg �nning o/ o curve, concove Northwesterly, having a rodivs of 1909.86 �eet and a centra! �n91e of 29'16 "55"; thence Northeasterly along the arc o( sa�d curve to lhe lelt,� o distonce of 976.(16 leet, o chord wliich t�eors Nortl, 7_ 7'35 03 F_ast, o distonce of 965.48 (eef to the curves er�d; fhence North 12'S6 "36" Eost, a distance o( 1967.96 �eef (o o�>oint of curv�ture o� v curve concove Wester►y hoving o rodius al 31U.00 Iee( or�d o centrnl ongle o( 12'15�13"; thence Noril�er�y olong ti�e orc ol suid curve to t1�e telt a distonce of 66.30 feet, a chord which t�eors Narth U6'49�0�'� East, o distvnce o( G6. 17 feet to tf�e curves end; tl�ence Nortli 00'41 '23" Eost, o distonce oJ 106.Z4 leet to o point in the Westerly extension of th� Norther!y ri�t�( o� woy line Sou{h Slzore 8oulevord; thence South 89'18"37" Eost along the Weste��ly extension a( the Northerly ri9ht aI woy line v( sc�id Sovth Sl�ore Bovlevord, v distonce of 61..32 leet to tf�e POINT OF BEGINNtlVG; thence continue along the No�ther!y right of woy line o( soid Sovth Shore Novlevard, Sovth 89'18�37" Evst, o disfvnce 133.77 (eet; thence South 00'4i"2.3" West, o distance ot G0.00 leet �o o point on ihe Sovtherl ri�hf ,�of way line of soiJ Soutl� Si�ore Boutevard, thence North 8�'18.37 West olong (he Sautlierly ri9ht of way line of said South Shore Boulevord, o distonce ol 12b.75 �ee( to a poinl of intersection with o nontongent curve, conr_ove Westerl ys� hoving o radius of 9&9.93 �eet and cr cenlrvl angle of 03'29 49 ;(hence North�rly along the orc o( ;�aid cu�ve (a il�e left a distonce of 60.42 leet, o chord ►vhich f�ears Nortl� OS'S8'27'� West, a distonce of 60.41 (eet, to the POIN r Of' BEGINNlNG. Con�ar'r�ing 7, 797 square (eet, more or less. SEE SHEET 4 OF 4 FOR CON TlNUA TION OF DESCRIP 110N o/ C.'eo�woler ECfIEZhFih[. bc ASSOCiAi'ES, INC. 6EOq N, tb.1M M. ie�npe. rb�ba 7J60� — — Surverl�p A� uopprnq (et7j �J►• �il� !Ai (EI]) 7l0-�AIO �-- � n[H�w+s �����. � 5t ICC 1 A U� 4 DESC I�If�T101�! (Cor�tinuc�cl) SIC:I�UtI I1, tp•HtlSIII�� ?9 SUUI11, RntlG( 1�� EA51 I�INLl1�5 COIINIY, ►�(JI�if1A Subject to v 2� (aof T�empor<lry Cor1s(ri�c(+c�n F_osemeri� A Porcei ol lvnd lying wilhin Lol 2, f?lock "l1" vl f3oyside Shores, as recorded ir1 Plo( Book 58, poge 12 0( the Public Records o( P�nellas Coun� y, Flvrido ond t�eing rnore port iculorly described os (oilows: Commence a( the Soutl�wesl COrner o( soi<I Section 17, iflwnship 29 South� Ronge 15 Eost, Pinellas Cour�t y, Florida; fhence Norfh 89'10 31" Evsf, (Qear�ng bosed on O.R. 1,34Z, Poge 278, F'ublic Records of Pir�eltos County, Florido , olor�g lhe South boundory of said Section 17, a dr'stance o( 84 .47 feet tv a poin( prl the boseline of su�vey o( Gull Doulevord, as now esloblished; (the next live courses ore along the baseline of survey of soid Gull aoulevard) thence Nor(h ��2'13'31 " Eost, a dis(ance o( 1983.25 feet to the beg►nning of o curve, concuve North�vesterly, livvinq o rodrus of 1909.86 feet ond a central or�91e o( 29'16'S5"; thence Northeosterly along the orc of so1d curve to the le(t,� a distonce of 97fi.06 feet, a chord wi�ich beors Nor(h 27'35 03 East, a dr'stonce of 965.4� (eet to the curves end; tiienr.e North 12'S6'36" Eas�, o d�stonce ol 1967,96 leet fo a poi,�t �( curvoture ol o curve concove 4Vester! y, hoving o rod�us o( 310.00 (eet ur�d o centro( ongle of 12'15�13"; Ihence Nortlierly alony (l�e arc o( soid curve to �lie le(t o distance ot 66..30 teet, a chord which beors No�th 06'49"UD" Eost, a drs#once of 66. �7 (ee( to the curves end; thence No�th 00'4l `23" Easi, a distonce af 106.24 leet (o a point in the Wes(erfy exfension o( Ihe Northerly righf of woy line Soufh Shore Boulevord; thence South 89'18`37" Eost along the Westerly extension ot fhe Northerly riqiit of woy /ine a( soid South Shore Boulevord, a distance of 61.3?_ (eet !o the POINT OF �EGINNINC; Thence South 89'18�.37" East olong the North rigt►� ol woy line of Sou(h Shore 8oulevard v distance of 20.2J teet to (lie beginning o/ o curve cor�cave Westerl y, havrng o radius or 1009.93 (eet and o cen(rof nngJe of 0.� 75 ".36 "; Tl�ence Sou lf�erl y olong the arc o( soid curve (o fhe righ t, a dislarice of G0. 4U (eet, a chord whicli beors South 05'S0 �29" Eosf, o distonce of 60.39 feet ta curves end; ihence North 89'18'37" West olong the Souti� right of wo� line o� Sou(ti Share Boulevord a distance of 2U.07 /eei to a point o( infersection with a nontongent curve, cor�cove Westeriy, r�a�lr,g a radius of 989.9.3 (eet and a cen(rol an le of 03'29 ��#9"; Tl�ence Northerly olong (he ore o( soid curve lo �e1�, o distance of 60.42 (eet, o chord wh►cii beors Nor(h 05'S8�27" West, o distonce o( 60.41 (eel, to ihe POlNT OF BEGINNlNG. Con tainr'ng 1,208.?OS squore feet, rno�e or less. t*h Si.�� hqaW ►a : Th� Cr'(� o/ C/eorwofe� � ECI�EZAUAL k ASSUCIA'TES, INC, �� H��be .N. ,� � _ teTeo, rb�ao 3swa Sur�ertnq k uoppt�0 1e�1) »r-i��� r�i (���1 �se- u�o �a� . ..•.,,..� ... _ � .... , . . ... _. .. . . , . . . ,.. , . ,. . �---- acws�a,s- — • G•. �f •'rr�! w� D��ui Uon Ibfa O��a�pllon --_-- _..�__—. _ r+o o w' r., ` -- ---_ -- -- �r t� s«�i. �.•'�..if t.H ,� __.� .�. _----------- sc� vuti i or � roa SUifrLrO(t'S C[RI1rK�l[ L� ~ti ' �' t � � ^.. (� � � CLEARWATER CITY COMMTSSION T� � � . '�'�STE���' ' V � Agericia Covc�r t�zem�randum SUBJEC�: Vacation Reques� 95-14 (Nlorton �lant Hospital) \ J� 1 t ern tt Meeting Qate 1f04L6 RECONiMEi�1DkTION/MOTION: Approve the applicants' request to vacate the full EastJWest Right-of -Way of Pinellas Street lying between Waters Avenue and Bay Avenue subject to it being retained iull width as a d.rainaye, utility, ingress & egress and sidewalk easement and pass Ordinance No. 5960-9G on first reading. BACRGROUND: The applicant is requesting to vacat� the Right-of-Way of Pinellas Street lying betw�en Waters .Avenue and Bay Avenue. The applicant owns all the adjacent properties and would like to vacate the Right-of-Way to incorporate the street into the Morton Plant Campus' internal street network. This portion of Pinellas Street is a paved, dead-end st.reet which is used by Morton Plant Hospital for vehicular traffic and parking. Located along the North side is Morton Plant Hospital's main facility, and to the South is the recently constructed Cancer Care Center. At the Westerly end, the Right-of-Way connects to an unpaved portion of Waters Avenue Right-of-Way, and is not being used for vehicular traffic. The vacation of the Right-of-Way, will alleviate the Ciiy from maintenance responsibilies of the paved roadway which only serves Morton Flant campLi� motorists. The City has existing utilities within the right-of-way which will not be affected by this vacation request. Florida Power, GTE and Time Warner Cable have reviewed this request and have no objections provided the Right-ot-Way is retained full width as a uti].ity easement. This petition has been reviewed by various City departa�lents/divisions concerned taith vacation requests. Engineering Services has no objection provided the Right-o�-Way is retained fu11 width as a drainage, utility, ingress & egress and sidewalk easernent. Other City de�artments have no objection. The City Engineer has reviewed the comrnents submitted by the reviewing Departments and recommends this request be approved. Revjewed by: Legal N/� Budget NiA Purchasing N/A Risk Mgmt. N/A IS N/A ACM N ENG.��� � " OTHER i�/r,A Subm i t ted by: .�_____„___ Ci ty M VAC9514.AGN Originating Dept, j Engi neer i ng ��'► , ;' ' � 1 � { r , User Dept. � ; � � i � � Adve r t i sed : ' i � � Date: 12/21 �. 12/28/95 i Papc r: T arnpa T r� bune Not rcquired Affected parties notified X Not required Cost5' N/A (Current FY) Funding Source: Capt. Irnp. _ Oper�ting Other Commission Action Approved Approved w/conditions Deni ed Cont'd Co Appropriation CodeCs) ; Attachments: NLA � Application � l.ocation Sketch _ _ _ _ _ _ _ _, ordinance � �� � � � �T,� � W CYr Vacation Number 95-14 "Morton Plant Hospital" V A C P,.T I O N R E Q II E 8 T P R(? C E 8 8 I N Q � H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FdFt THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 305BjI-6 SECTION 21 TOWNSHIP 298 RANGE i5E 1• � n� v� .- � N �.. 0 � �. a w � 3� � � �NGI�ZLLr1NG SERVIC�S : REVIEWED BY: � APPROVED BY: ,� � � DATE: // /.�'��,r'y COMMENTS: The applicant is requesting �v ati of the full East/West Right-of-Way of Pinellas Stree ly' g between the North/South centerline of Section 21, Township 29 South, Range 16 East, (also being the corporate boundary between the Town of Belleair and the City of Clearwater) and the Westerly right-of- way line of Bay Avenue. The applicant owns all the adjacent properties and is proposing that the street become part of the Morton Plant Campus' internal street network. The City has existing water, natural gas, sanitary sewer and storm lines within this Right-c�f -Way. The Engineering Division has no objection to the vacation provided the Right-of-Way is retained fu3.1 width as a drainage, utilit�, ingress & egr�ss and sidewalk easement. Florida Power, G.T.E. and Time Warner have no objection provided the Right-of-Way is retained full width as a Utility Easement. r 2. TRANSPORTATION ROUP: REVIEWED BY : ` as�!��`�,(19.f�,�'�t 9 COMMENTS: " � . Q 1J�► 4r VVrtt �'irt�, � tiwn�w�� �.a. � d Q g `� �, ��, DATE: , �4,,��� � - 3. CENTRAL PERMITTING DEPARTMENT: -- REVIEWED BY : STe� DoW�� y APPROVED BY : �_�ATE : II ?.�:7rsi� CONIl�iENTS :�'E�clf�Ac. I�c2n�� rri�vG �.-�.r��vl��rr- s,�vt �.�b �l�JacrioN � To ✓At� r�c�r., R� � v�-s r i� .�Pi°,2o%v �ca,c�r�rr��r w�rN �•�c�a�s�,���v� SC�t�/���'S l�—conn�,+a-�u,�r�d�. !T SNev�c, a� �or�o ?�dAT Sc""t'BACK �4c�t !?r7 tJ�En�T' Fieon� 12 i G.N T- o�- LJ� ��' �.s'�'�vt a ti1 �r' 1�►/ � c. � t��" iN� S�arv� AS � s 2a � r���s t� �'rtor�o A LaE'o � C��4rn-� c> Srrz�. �s r� K! G!#T - 0 �' -c.J�4 `� � . 4. SOLID WASTE DEPARTMENT: REVIEWED BY: APPROVED BY: COMMENTS: /'�/o o b� -� c� v ' l G''� S DA E : �l � J �� Vacation Number 95-14 '•Horton Plar�t Hoapital" 5 , GAS DEPA.RTMENT; /������� REVIEWED BY:�i� PPROVED BY: COMMEKTS: Cteqtt�rt�r' Gtxs Syl�n'� I�cs /�o oJ�ectior�S tr �i� VUGt�a�'f O� f�/b� � 1�lbur p� 7'j1� rJg�h�� o��-u�d�/ � r�-d; nec� us « ' �� t/ �seme�n �-• 6. FIRE DEPARTMENT: REVIEWED BY :�, � o� D�,6G�J. P�a� APPROVED BY : (;�� �� corrMEriTS : 3, pA v � rn�� �pn(cu �. (�.� t t�-} r�14 ��I �. �w.c. c.c�M M�v r� l ��,r� �.�. . � 7'R,u.cT v'�-��7 � t,� P�'�'T�- �c.`� �t.-� �{ � � Q.� � l4 �►7 �^l� C� �S'?.. µ A� N'� � N Lp 0�-- �.EZ.D�A�T&T> (,�ZYH 7}~} z� �J �t�--r ��T � ---. �i��� DA�I'E: II��D�tS f �ra,� �` S DATE��L o 1 p1„_�l`� A,. � c. Ac.c.. �s �a A-�P�'t.7��,1A�� e'S �-u��'T_ A'P���'q� n � �1 �S 7. POLICE DEPARTMENT: ` � � REVIEWED AND APPROVED BY : �� � DATE: � "' / � -- J COMMENTS ; ,� ���,�✓t, � �' �� � ,� 8. CITY ENGINEER: REVIE4�ED AND APPROVED BY: COMMENTS: w ,�-J �.,-� �. �_ DATE: _ �z�s �p,..r oC�a�..�- c°.�-- �. � h...�..�.,_._ � '�, ` �� - ; �,...�..�.�`� �' . ________________________________________________________ ______�_ ADVERTISING DATE: 12j21f95 AND 12�28I95 PUBLIC HEAF.ING DATE: O1j04/96 COMMISSION ACTION:----APPROVED----CONTINUED----TABLED----DENIED---- ORDINANC� NO. DATE OF ADOPTI0�1 RECORDED IN O. R. BOOK: PAGE: LETTER TO FROPERTY OWNER ADVISING COMPLETION OF VACATIOPI VACA'rIOY�t CARD FILE : REVISED 02�95 VACPROC.DDM � 1. CITY C?F CLEARWATER - EHGINEERING SERVICES P.O. BOX 4748, CLEARWATER, FL. 34618-4748 PH. (813) 462-6970 V A C A T I O N R E Q U E 8 T F I L I N G F O R M NAME OF APPLICANT OR DESIGNATED REPRESENTATZVE: FORM NUMBER 1326- NAME: Mr. Doug Dahlhauser PHONE: 462-7152 Mortort Plant Hospital Association, Inc. ^ ADDRESS:_P.O. Box 210 � 323 Jeffords Street, Clearwater, FL. 34617 HEREBY PETITION THE CITY t;uMMISSION OF THE CITY OF CLEARWATER FOR THE � VACATION OF THE FOLLOWING: ❑ EASEMENT TYPE: � RIGHT-OF-WAY � AL7�EY � OTHER: 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION 4F AN �ASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY DESCRIBE HOW MUCH TO BE VACATED. That portion of public right-of-way known as Pinellas Street lying between the North/South centerline of Section 21, Township 29 South, Range 16 Eas�, (also beinq the corporate boundary be�ween the Town of Belleair and the City of Clearwater) and the Westerly rigY:t-of-way line of Bay Avenue. 3. STREET ADDRESS OR SIMPLE LOCATION: Pinellas Street right-of-way between Waters Avenue and Bay Avenue. 4. PROPOSED USE OF VACATED PROPERTY: Street to become a portion of the �� Campus' internal street network, with the vacated right-of-way to be �etained full width as a drainage, utility, ingress & egress and sidewalk easement. 5. ZONING OF ADJOINING PROPERTY: (Limited Office) FILE - VACFORM . �dJX � Print�d on r•aycid vapw P/SP (Public and Semi-Public) and OZ FORT�II REVISED . 08/22195 PAGE 1 OR 2 E . �'i'rTACHMENTS : LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACHMENT. . X DRAWING SHOWING PROPOSED USE OF VACATED PROPEP.TY (SURVEY, PLQT PLAN, ETC.j _Y�_ SEE RESOLUTION 82-3 (ATTAC:HED) FOR FEE SCHEDULE THE FOLLOWTNG LETTERS OF NO OBJECTION ARE REQUIRED: (LIST OF CONTACT PERSOPtS FOR THE UTILITIES IS ATTACHED) X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY _X� TIME WARNER CABLE OTHER 7. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT) NAME: Morton Plant Hospital Association, Itic. pH�NE: �34-6194 ADDRESS: 323 Jeffords Street, P.O. Box 210, Clearwater, FL. 34617 8. OWNERS SYGNATURE � STATE OF FLORIDA) COUNTY OF PINELLAS) 0 Ti�e foregoing instrument was acknowledged before me this /o%� �/ �r � by �rc-� •�K � r��«�,cah .� , who is personally kno�an to me or who has produced . �c�-sc����i�� fc�c�v.? as identification . -• . e- and who did (did not) take an oath. �j"'�«.,,� �-�,<�,�„_�.��.. Notary Public, Commission No. �t%r,c� .�. •..1in.'�-h (Name of Notary typed, printed or stamped) NUCAiZ :� �•.•. . NMK7 L S➢�TI� Nty'1'ARY PUSL�C STA'i8 Oi� OOi�iM�Si0�1 N�. C`�C�B149� MY C�04�MI5'�taiV A(P. Y 251948 ��� � Printed on f�tYtled P+PN PAGE 2 OF 2 - �- � � U l� cs7 � . . , � . , . .. a .. ..�.... . � . �� ; � � �nH�nv xvg -s awa•->wx�w�n a.v. .e. ... � � � w0�,1 �nN�ntl w�rti� ,' a m N • • • ....'... '"II � "� a � � � a �w �e o C=, � z��z �w � .. � a -. � i � 1 + 1 \ • � � AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FULL EAST/WEST RIGHT-OF-WAY OF PZNELLAS STREET LYING BETWEEN THE NORTH/SOUT'H CENTERLINE OF SECTION 21, TOWNSHIP 29 SOUTH, R.ANGE 15 EAST, (ALSO BEING THE C(?RPORATE BOUNDARY BETWEEN THE TOWN OF BELLEAIR AND THE CITY OF CLEARWATER) AND THE WESTERLY RIGHT-OF-WAY LINE OF BAY AVENUE, SUBJECT TO A DRAINAGE AND UTILITY, INGRESS AND EGRESS AND SIDEWALK EASEMENT WHICH IS RETAINED OVER TFiE FULL WIDT'H THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Morton Plant Hospital Association, Tnc., owner o£ r�al property located in the City of Clearwater, has requested that the City vacate the right-of-way described herein; and WHEREA.S, the City Commission find� that eaid right-ot-way is not necessary for municipal use and i� is deemed to be to the best intereat of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COrM�IISSION OF THE CITY OF CLEARWATER, FLORIDA: �Section 1. The following: The full East/West Right-of-Way of Pinellas Street lying between the North/South centerline of Sec�ion 21, Township 29 South, Range 15 East (also being the corporate boundary between the Town of Belleair and the City of Clearwater) and the Westerly Right-of-Way of Bay Avenue, Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and xeleases all of its right, title and intereat thereto, except that the City of Clearwater hereby retains a drainage and utility, ingress and egress and sidewalk easement over the full width of the described property for the installation and maintenance of any and all public utilities thereon. �ectiyon 2. The City Clerk �hall record this orainance in the public records of Pinellas County, Florida, following adoption. �e�.tion 3, This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSE� ON SECOND A1JD FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: --:. � � ---��-�.------�-- Jo Carasaas Rita Garvey Mayor-Commissianer Attest: Cynthia E. Goudeau � i � N 1 N Z O � U � N � N � � \ � Z � cn � W f--- Q � PROP�SED VA CA TI01V MORTON PLANT H4SPITAL 12f15 PlNELLAS 12 f 13 2� �, ,�,�`'� �� O ��' 2s Y� �� STREET �B' 14 15 16 1� B � ,� 1 8 NOTE: THIS IS NOT A SURVEY .� ( 17 I I � � � Q � ��• 0 �6 � � D�own by. RMS Sect. 21-29-15 Dote: 8/8/95 Vac. No.: 95-14 Jan-04-96 03:31P Claarwator En�. Scrvica�s 813-462-6641 Post•tt" F�,x Note ��� �s 7671 � ... ' p�Oct ► . i'C �, r �, w � CITY OF GLEA�WATER .erde��aartme�n� Corr�spondence sheet The Honorable Mayor and �ity Cammissioners T�A004xs Elizabeth M. Deptula, G�.ty Manaqer FRW[s Richard J. Saier, City Engineer copY�ls: ltathy S. Rice, Deputy Cfty Mana , Bill Baker, Aasiatant City Manager BvHJ'�CT t DATi9 : Morton Plant Hospital Campus January 4, 1996 Pleaee be advised that Engfneering services wil]. be reviewing th� en�ire Morton P1�►nt xoepital campus area to d�termin� trie feasibility of vacating �ddi�ional str�et �nd alley rfghts-of-way within ita boundaries in an eifort to better conaolidate their internal �treet network �rom the Cfty af Cl�arwater�s public r3.ght- of-way �ya�tem. The Public Her�ring scheduled for January 4, 1996, in�lud�s th� vacation oP a portion of Pinella� Streetr which lies within the campus area and is propoged ta be vacated ar an int�rmediat� �tep ta �he averall f�nal Marto� Plant Ho�pital Vacatian prajeot. Zi you hava any additional questiong, plaase don�� h�eitate to contact me. R�TB/ bp ca: Gardn�r Smi�h, Public Work� Director Terry Jenn3.nge, Chief Eng�neer Tom Hackett, Water Superintendent MPNvAC9.wB P.O1 � 4 , � , � ,, � , ; � , i i i I , � ; � i � ; � i i ; ; � ;! :I : i , i ,� � :; i I � � MR � �'. t �� -� �C � CLEARWATER CITY COMMISSTON � � � Agenda Cover M�morandum SUBJECT: Vacation Request 95-18 (Joyce) � ttem # Meeting Date t/04/96 RECOMMENDATION/MOTION: Approve the applicants' request to vacate the West 2 feet of the 12 foot Drainage and Utility Easement lying along the East side of Lot 27, Woodgate of Countryside - Unit One, less the South 5 feet, and pass Ordinance No. 5961-96 on the first reading. BACRGROUND: The applicant is requesting to vacate the West 2 f eet of tize 12 f oot Drainage and Utility Easement lying along the East si�le of Lot 27, Woodgate of Countryside -- Unit One, less the South 5 feet. The existing swimming pool and deck were constructed in March, 1982. The applicant is proposing to install a screen enclosure around the pool and deck. It is only the deck which encroaches 1.4 feet into the easement. The City has no existing utilities within this easement. Florida Power, GTE and Time Warner Cable have reviewed this request and have no objections. This petition has been reviewed by various City departments/divisions concerned with vacation requests. Engineering Services has no objection provided the South 5 feet of the applicants' request is retained as a drainage and utility easement. All other City departmentsidivisions have no objections. The City Engineer has reviewed the comments submitted by the reviewing Departments and recommends this request be approved. i Reviewed by: i i i legal N/A i i Budget N/A Purchasing N/A Risk Mgmt. N/A IS N/A ACM wC � ENG. ' ' � � i Originating Dep : i Costs: N/A � Engineering �, � i / , , i (Current FY) � User Dept. ' i Funding Source: i i � i Capt. Imp. i i � Advertised: i Operating i i ; Date: 12/21 & 12/30/95 � Other i i Paper: Tampa Tribune Not required v�r.crt nrn f��; Affected parties i Submitted by: _ ; notified X ; City VAC9510.AGN � Not requi red ; Appropriation CodeCs) i N/A i Cortmission Action Approved Approved wtconditions Denied i Cont�d to � � i � � � � Attachments: ' i � i Application � Location Sketch ' i Ordinance ' i i i � i Vacation Number 95-18 �•Joyce" V A G A T I O�T R E Q U E 8 T �lt O C�_8 �� 2d C� 8 H E E T PLEASE RTVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATF YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 232AJA-l� SECTION 31 TOWNSHIP 288 R.ANGE 16E 1. ENGINEERING SERVICES: REVIEWED BY: � APPROVED BY: ��/��� � DATE:1/ /%•�,�" COI�iENTS: The applicant is requesting the a n of the West 2 feet of the East 12 foot Drainage & Util y asetnent lying in I,ot 27, Woodgate of Countryside Unit One. The concrete pool decking encroaches 1.2 Feet into the easement. The City has no existing u�ilities within the easement . �he Eng.ineering Division has no objection to this vacation request. Florida , Power, General Telephone, and Time Warner Cable have no objection to this vacation request. 2 . CENTRAI, PERMITTING DEPA.RTMENT : REViEWED BY : STE��.l�,eTy APPROVED BY : DATE ;%l�l.af � � COMMENTS: Cc,vr�t� �'�E/t�c. � r��.J G► /��'/°A�Ti'��'N f �i4 S/Clo Tca Poo� a�a o ��crc w��t �- Pc�'� i TT ti' �� l�' 8 2.?"w� s l��►so��_ f�10 w t' 1�,4 5/�O Ots.,it�`G?'�[x� Ta �aa-« T',0�.� /�'�—�q Uar',C % 3. GAS DEPARTMENT: �J �tEVI EWED BY :-�. �q�F� APPROVED BY ://����� DATE : �� l�Z��S COMMENTS: l TE GA5 sYsre�J r�AS :JO NjQ.�n15 c�2 5�(L`��GE LI�lES iN TH�S EAS�'NiE�NT- cr i HEi2.�F'OiZE NAS ►JO og.1ECiIaN TO "TF�c. �ZE� �1ES�" . 4. CITY ENGINEER: ' REVIEWED AND APPROVED BY: COMI�ENTS : �� 1J .{ . � DAT E : � �u� � � � � 1 /��7 r,_.. ADVERTISING DATE: PUBI,IC HEARING DATE: i� �ai19s 0 �04,L9 b AND 12j28�95 COMIriISSION ACTION: ----APPROVED----CONTINCTED----TABLED-----DENIED---- ORDINANCE NO. T�ATE UF ADOPTION RECORDED IN 0. R. BOOK: PAGE: LETTER TO PROPERTY OI+�NER ADVISING COMPLETION OF VACATION VACATION CARD FiLE: REVISED 06/95 VACPROC.WJS � V A C A T I O N R E 4 U E S T F I L I N G F O R M 1. NAME• EDWARD AND SANDRA JOYCE PHONE: 724-9828 ADDRESS• 2421 Moore Haven Drive East, Clearwater. Florir�a �a��� 2. 3. 4. 5. HEREBY PETITION Ti3E CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOL�OWING: � EASEMENT TYPE: Utility 0 ALLEY � RIGHT-OF-WAY �� OTHER: LEGAL DESCRIPTION OF PROPERTY TO BE VACATED: Lot 27, WOODGATE OF COUNTRYS�DE UNIT 1, Plat Book 70, Page 13, Public Records of Pinellas County, Florida. STREET ADDRESS OR SIMPLE LOCATION: � 2421 Moore Haven Drive East, Clearwater, Florida 34623 PROPOSED TJSE OF VACATED PROPERTY: The pool deck, built by the previous owners of the property, extends 1.4 feet into the easement, and the current owners request a vacation of 2 feet of the easement so that the pool deck will be within their property lines. ZONING ON ADJOINING pROPERTY: Residential 0 ,. . t �' 6. ATTACHMENTS: LAND SURV�EY OF PROPERTY IS REQUIRED IF THIS VACATION IN�I4LVES EXISTING ENCROACHMENT - DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY� PI,OT PLAN, ETC.) X SEE RESOLUTION 82-3 (ATTACHED) AT�rACHED LETTERS OF NO OBJECTION FROM: �C FLORTDA POWER CORPORATION X GENERAL TEI,EPHONE C�MPANY X VISION CABI,E �THER 7. SIGNATURE OF THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED TO BE VACATED: (APPLICANT) � STATE OF' FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this _� cf /►��� /�l �15 by ��.�cc•- � J�v� �,� 5'� -��� �I� �r -� , who is persona l ly known to me or who has produced _�A A���r, �C«<.�,�� as identification and who did (did not) take an oath. 0 �� Notary Public, Commission No. (Name of Notary typed, printed or stamped) , �;;;';'.� NOTAFiY PUBL =•; :;� STATE Ofi FI.ORID =:: :�� CC�178� I��� ;,,;.',N.°�' JOSEPH N9. PUGLIANO MY COMMISSION EXPIRES FEB. 1�, 1996 / ENG. DEPT. 3/82 REVISED 20/92 VACREQ.DDM � �u G�F.vaT�orrs a.�sEO on+ r�,v c. o�ruq 7'no bo�aw ad�ulbud Ac can po lam! on Nouah., dnd n nn�aiopr*jo�t nood InaurarJFo r�ja m� a / �..%" ".�_�! �dn�ea ..�.: � y_. � P S�IC IOI 11d3 w�tt1 20n0 �c._.. -..�_ 1�d �a noi dosb������tl as a�boC h;�►�ra 7rna. tlaso F�cu4 �lo� - Lo++ott Floo• Ciw. .. � �� ( � O� � ao, � � �1N6'� �V WA��� 1 � ♦ Q , V •h ,; a 't M � \� �� w �. � � , � � I �� �- `ti � '�• h Yti � � O b .�._ � ~ �C � . .._._._._. . .�,-;,,•-„ . Naris. ,; :) Q � � �M(' �;t,n¢o (CI • CJ+cCUL (D) �0 S�R � SET �AON R00 flR . FpUNO IpUN PPP � rOUNO v�nCi� i�ire F�P. FOUNO {RC� ��- fCM • fpUNO CONG HCNUMGNT • 40 1NS'�RIiMENT9 Of RECc�Ap REM�tCTiNO PASE��tN'f'3, RIOM1� OF VvqY, AN� , CN�+lia6N�� r�ERl: Ruf1N19►�e0 T��IS �uMtYpAEXGCVi�;SHCNrt�7, SCA�� 1„ �� � • PiHID BE�RINCG OtiSFI) CN � o,, r.� � o r ��;.r � /1�or�. �� r ��O �i �co >>� �� �� .. T,�J Nff' � Fc e> af t�� ,r'�Arr�J ?o fov r!� s��+lti%r ,�r�,✓� a.+s � (J> (�NC i�'.d fATC'+7 �l.t O.,G, 41?d, ,�.+�: 1�?, / f A � �• � ?$ � � � < � � �j1 ��� , � o.i� 1�. . � �7 � I V 1 w � � � y � ti w � h 03 i .� ; , . ti � ; ; LC1T' _..._� � BLOCK j'1� o0 0 6.+rd 4f �ovNr,��f�o� U,�� r D�•6 , i .____.__ �-....__..._._ i ,_..,. AS RECORDED 1N PLA'C B�OK __?� � PAGE(S) �� ��'� GF THE PUBI,IC RECORDS OF Pf(�f�I�LAS COUN1"Y FLOR(DA 8E{NG IN SEGT�ON .�.r j� T0INNSMIP � �� S. RANGE �� �. ; SURVEY �ERTIF Ef7 �f"4: �D;v.�,�,� � � .�A„�v��r �'% c1�ur'c� • �������'� ����c:'s.+c�� �� ...___.__ _._ `!'i+fOt E � ' o�'.� //. �l�.�'tS-� � �c4 GOvdCiL ariu��a c � rc � /i�S�X��•�c:' C�. _. .._..�.� _� � ...._._._._.r.._.....__ ._. _.__.._.�..�. E HER��3Y C�l�TIFY'il-{ATTNEABOVE DESCRIBED SURVEY MEETS TM� MiNI�/lUM R�QlJIREMENTS ' �� �HAP�"ER 21 H.H,6 FA.C. ��iVALID WITHOU1' RAlSED SEAL � TYP� OF SUAvEY LGl' svavEY PFaOPQ$ED HOti�E f'OUN�A71ON SURVEY FINnI _ ..�_ U PpA'i C Jq8 Nd. OATE ,7 SIG T �E .. 9� 5 S i.3 9• I t• 9 5 •,r� ��i 't,. .�•, -�----^�----- -- , r',. � � : .y., 9�5�ti3 9 - 2t • 95 ..� ��si .'. "„- ROS��T L�. I.EHART P.L.�, #27 83a0 ULtv�ERT�N RD, SUITE #318 LARCO, FLA, 3�641 (813) 531-6779 ORDINANCE NO. 5961-96 AN ORDINANCE OF THE CITY QF CLEARWATER, FLORIDA, VACATING THE WEST 2 FEET OF THE 12 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE EAST SIDE OF LOT 27, WOODGATE OF COUNTRYSIDE UNIT ONE, LESS THE SOUTHERLY 5 FEET; PROVIDING AN EFFECTIVE DATE. WHEREAS, Edward and Sandra Joyce, owners of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement described herein; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMTSSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The West 2 feet of the 12 foot Drainage and Utility Easement lying along the East side of Lot 27, Woodgate of Countryside Unit One, less the Southerly 5 feet, as recorded in Plat Book 70, Page 13 of the Public Records of Pinellas County, Florida, is hereby quitclaims thereto. vacated, closed and released, and the City of Clearwater and releases all of i�s right, title and interest Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PRSSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: n Carassas Assistant City Attorney Rita Garve� Mayor-Commissioner Attest: Cynthia F. Goudeau City Clerk M ILLWOOD LN w . .. z > Q _ � 0 � � �� �1 .�p0 26 � �O� �� 2'-� ��� 1 27 �� � — � � 10' Dr.—Util. Eose, 2 �3 ( a�� t� Z� -� V� , r � J S�bject 1Propert; 12' Dr.—Util, Eose. NOTE: This is not a survcyi Sec. 31-2d-16 VAC95-18.Awq RMS 11 /28/'a5 ,� ��i' .-. 1 , � �� ,�v��.11 BO�JECT: Vacation Request �EARiifATER CITY COMMI88ION Agenda Cover Memorandum 5-19 (Olson) ltem # Meeting Date 1/04/96 RECOMMENDATION/MOTION: App ove the applicants' request to vacate the East 2.5 feet of the 7.5 foot Drain�ge and Utility Easement lying along the West side of Lot 406, Morningside Estat s Unit 4, and pass Ordinance No. 5965-96 on the first reading. BACKGR�III3D: The applicant 's requesting to vacate the East 2.5 feet of the 7.5 foot Drainage and Utilit Easement lying along the West side of Lot 406, Morningside Estates Unit 4. The swimming pool and deck were constructed in June, 1971. �he applicant would like to replace an existing screen enclosure around the swimming pool and dec . It is only the deck which encroaches into the easement and is in violat on of the set-back requirements. This vacation if approved, does not relieve the applicant from obtaining a variance to the set- back requirements. The City has no existing u ilities within the �asement. Florida Power, GTE and Tim Warner Cable have reviewed this request and have no objections. This petition has been rev'ewed by various City departments/divisions concerned with vacation requests. En ineering Services has no objections. All other City departments/divisions have no objections. The City Engineer has r�viewed the comments submitted by the reviewing Departments and recommends this request b� approved. VAC0510.AL'N l�gat N/A Budget N/A Purchesing N/A Risk Mgmt. N/A i S N,��1 ACN______�,�,I A ENG. � ,� OTNER N A Subm tted by: Ci ty Man�ger� ��� ~ // Or ginating Dept. En ineering ,7 Dept. Da e: 12/21 & 12/28/95 Pa er: Tam�a Tribune Not required Aff cted parties notified X Not� requi red Costs- N/A ! (Current FY) _i ' Funding Source: Capt. Imp. Operating Other Comoiss�on Action Approved Approved w/conditions Denied Cont'd to i i Appropriation Code(s) ; Attachments: � N/A Apptication location Sketch Ordinance s ,, • Vacation Number 95-19 "O180II" V A C A T I O N R L O U E 8 T P R O C E A_ � I Id (� 8 H E E T PLEASE REVIEW THIS VACATION IN� TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: RE�'ERENCE ATLAS SHEET NO 3098JI-14 SECTION 19 TOWNSHIP 298 RANGE 16E 1. ENGINEERING S VICES: ' REVI EWED BY :� APPROVED BY :��/�� DATE :(1- i 7-�I.S� COMMENTS: The applicant is requesting the c on of the East 2.5 feet of the 7.5 foot Drainage & Utilit Ea ement lying along the West side of Lot 406, Morningside Estates Unit 4. The pool decking encro3ches �pproximately 2.5 feet into the easement. The applicant is proposing to replace an existing screen enclosure around the pool. The City has no existing utilities within this easement. The Engineering Division has na objection to this vacation reguest. Florida Power, General Telephone, and Time Warner Cable have no objection to this vaca ion request. 2. CENTRAL PERMITTING DEPARTMENT: � R�TIEWED BY : S-T� j�H`c,tTy APPROVED BY : DATE: I���J" COMMENTS: Central Permitting Department has no objec io s to this Vacation Request. The applicant has been advised, however, that the proposed replacement pool enclosure does not meet the set-back requirements of the RS-6 Zoning District in which the property is located; consequently, a variance must be abtained prior to issuance of a permit. 3. GAS DEPARTMENT• c—' /_/ REVIEWED BY :% j���t!���� APPROVED BY :,I�!�/ . l COMMEiv*TS . 7'�e G�IP��'t,�q f� J'� �� .S�/, �a�vi �g 'r?� ��'S L17Ga�r aN �'�v�2S t ; 4. CITY ENGINEER: REVIEWED r'1ND APPROVED BY: COMMENTS: c/• � k�/'���'1 DATE : ! Z�lo�`�5 !'�O af.�ec�ic�lt w ��� DATE: � l��zg;� ��-�' � ,�,-- , �.� -- ' 1 ( l:b�l�a�!���-�, � , � ADVERTISING DATE: 12�21�95 AND 12�28 95 . G�-c,.e.. PUBLIC HEARING DATE : Q 1�04J 9 6 , COMMISSION ACTION:----APPROVED----CONTINUED�---TABLED----DENIED---- ORDINANCE NO. DATE OF ADOPTION RE�ORDED II1 O. R. BOOK: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATS4N CARD FILE: REVISED 06/95 VACPROC.WJS �r. � ' + CYTY OF GZEARWATER - ENGINEERING SERVICES P.O. �30X 4748, CLEARWR?ER, FL. 34618-474$ PH. (8131 462--6970 ., . . V A C� T T O N R E Q U E S'T F I L I N G F O R M �. ..NA,I�E OF AP?�I,ICA�TT OFc DESIGNATED REPRESENTATIVE : FORH NUMBER I326-0104 -=NAME � �E�cJff'/�✓� f� • �1� �.l��/��ti�ri'� � D�S�� i✓ PHONE : .5�3 6 � c� Yo �o -- �ADDRESS :�3 �-�f !� iGG1..�.�se�✓ 1�,� . , �.0 �✓��i�'r'� . �L .�'�6 y'� HEREBY PETIT=ON Ti�E CITY COMriISSION OF THE CITY OF CLEARWATER FOR TIiE VACATZON OF Ti�E F4LLUWING: � ti/ � EASEMEN�' TYPE : t/Ti�c.i ry RIGHT-OF-WAY L_� ALLEY OTI-�ER "Z . ZEGAL DySCRIPTI0I3 OF' PROPERTY TO BE -VACATED, � 2E: IF IT IS A PORTION OF AN EASEMEPTT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WF�ERE`TO W�ir.RE OR WHAT LOT/S IT ABUTS, ZF IT IS A RIGHT-OF-WAY DESCRZBE �F�W NfUCI� TO BE VACATED. 1� S�CTio,v �r' �/r,�� r'�/ �F�sEME�T �'`✓I��sd.� �n/!r y..r' x ��. o ' �.� ��r� �ftsr� s�,�� �-,✓s� ��s � sr„� �- •� �s�.�.r-��✓ Pao�. (SEC s�,ed�y �rr�9�n��� 3. 4. 5. ST_RF.ET ADDRESS OR SIMPLE I,OCP.TION : /3 r� ,� � a K.� >✓s��! D.2� ✓�, C���,� s�J�, r�,c°_, f-�.c.o�,d i9 PROPOSED US� Or LTACATED PROPERTY: R�P���E �w�sr,•�r� r°om�, c.9���, ZOIvING OF ADJOIN�NG PROPERTY: eEs l,l���✓ r /4'�. '� .$�//✓�G � �/¢n%/�. r � FILE — I� VACFORM.WJX ��'� Prina�e on ..cyad o•oa FORA� REVISED 08/22/�5 PAGE 1 OR 2 P � � .� , � � � �,L ,L11.�.T71Zrai`I �S • � �„ 3..AND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN � EX�S�'iN� ENCROACH�IT . • � ~ � � 'ARAWING :SHOWING PROPOSED USE OF VACATED �PROPERTY ' . . ( SURVEY , PLOT PI.�N , ETC . ) � . ���'�{+ SEE �2ESOLUTION 82-3 (ATTACHED) FOR FEE SCHEDULE ��Ti3E -FOLLOWING LETTERS OF NO OBJECTION ARE REQIJZRED : _ .�LIST --oF caNTAC� PE.�soNS FOR TiiE UTILITIES SS ATTACHED) _x � FLORIDA PoWER coRPORATION . �_ GENERA.L TELEPHONE COMPANY �_ T2ME � WARNER CABLE �THER 7. NAME AND ADDRLSS OF PROPERTY OWNER (PLEASE.PRINT) NAME :_,p�,,�i9���� �9. ��v �[i� �F•rii✓F � o.cso� PHONE : s�3� - o�0 6 ADDRESS: 8. OWNERS S STATE OF FLORIDA) CC3UNTY DF PINELLAS ) The foregoing instrument was ac�tnowledged before me this j/ -/5 - S.� by f�.,��.,�.�c /-�. �. i4�,�,,,�,,,,,,.E J 4LSo� ' , who is personally known to me or w1�o has produced Q. L� as identif ication and w2ZO �d ' ( did not ) take an oath . f-�• Notary Public, Commission No. �� �• Ja�� (Name of Notary typed, printed or stamped) .._....�._..r.--y�-�-p- _._r1�� ��� ��4 f'�W\ �. NVI�W ' '�$� MY COMIAiSSWII � CCi 4%0910 •= t"= IXPIAES: �une 12.19oA .� ,�� , � Bondod firu lbhuY R�EIc l�tde�+�rtfte� ��'a PnM�d on ►�cyd.�d o•oa PAGE 2 QF 2 C�RTIFIED TO: A� �° �,�r't � �,,,�' x� DEWAINE A. & ADRIENNE P. OLSQN � 2 d � V �Q t s4 : � J -�. � Lor ,,,,. �. 5 �r �' 3 SEC. � 9, TWP, 2 j S., RGE. f(O E. �� ,� � � N � \ � ` ���. BASIS OF BEARINGS : The Westerly R/W �'�'`'" � line of DIdkenson Drive, being SO°51''45"W, as per the plat. "60UNDARY SURVEY" � � � . y � � � �.E� END: F.I.R.= FOUNO iRON ROp; F.C.I.R.= FOI.A�� C�PED IRON ROD; S.C.I.R.= SET CAPf'ED IRON RQO; F.I.P.= FOUND IRON PIPE; ���� F.C.I.P.= FOUND �APf'ED IRONi PIPE; F.N.p.= FOl,1�D NAIL d DISK; S.N.D.s SET NAIL 8 DISK; F.C.M.= FOtND GOtJGRETE MONUMENT; � AREA: P.R.M.= PERNAI�N't REfERENCE MONlJF1ENT; P.C.P.= PERHA�PfT COfJTROL POINT; P.L= POINT OF INTERSECTION; R/ W= RIGHT 0� 1YAY; ELEV,�LEVATION; C.6.S.� CONCRETE BLOCK STRL1CTlA�E; CONC.=CO�CR�TE; ASPN.= ASf'HALT; PVMT.= PAVEMENT; COV.=COVERED• D.= OEED; SEC.= SECTION• TWP.= TOHMSI�iIP; RGE.= RANGE: P.= PLAT; M.= MEASl.�2ED; Elt� = EASEh1ENT; R. s RADIUS; A. a ARC; C. = CHORD; C.B.= CHORD BEARI�lG: STY. = STORY; C.L.F. = CHAIN IINK FENCE; W.F. = W000 FENCE; �a SURVEY OF L o r 4 0� /vio 2 N� nl G� 1 D�" �ST��`�S .(��1 �`� 4 AS RECORED IN PLAT 800K�..SL_. . PAGE 2, OF THE PUBLIC RECORDS OF PINELI.AS COUNTY, FLORIDA. �, w�Ltfa.rl C. KE4T�1�G, THE StitVEYOR W RE51'nNS18LE ChWRCE GERTIfY TH4T THE SuRVE'r REPR£SENTED ItEREnN aS MEETINa; T��E MIN�MUM rECMNICAL ST�NpARO$ 9ET rQRTH �1/ TMQ 1'IORIfIA OOA/iO C7r LANt]SUtVlVOR'S, /URyWtJ7 TO S!'CTCHN L�2 A27 OF TNL' Ft.ORIDA 9'fATUTFS A` PRL'9CR�RlD IN l�.EVATION STATEMENT: TN1S 19 70 CERTIFY TMAT WE HAY� OOTAIh1Ep ELEVATIONS SHONfN MERfON OF T1E ALSOVE DESCRIBED LANO. TNESE ELfV4T1tNrS Sf+OwN ►�EREON AR[ BASED ON T►� N4710NAL Vl?RTIG►L OAfUM, 1924, �N�li�tARK /" �� SUF+PLIEO BY THE ENGINEERtNG D!1'�'. , COIJNTY, I�LORID4. C�MMINITY NO. PA►��. NO. MAr OATE' AI"rEAFiS Tq BL� �� /1 BASE FLO00 E�LEV. f� D � O� Q-r '�"Q / w r�000 ioNC � b� C.� �7 l � r�t4WN fiY OATE: s �PPROV�O 8Y: � � �• Lal. ASO• Of / /� ✓'' ,%' • C►+fCKlDOr. �,��: WI I C. K��uR`G �N. #' 1328 La. L L 1 E D.i ,) �.. r.�O� 2124 SIJNt�7Yt�ALE 6L,vp, �.^�" CLFARWATER. FLORI�A. 34625 __ 0 ORDINANCE N0. 5965-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE EAST 2.5 FEET OF THE 7.5-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE WEST SIDE OF LOT 406, MORNINGSIDE ESTATES UNIT 4; PROVIDING AN EFFECTIVE DAl'E. WHEREAS. Dewaine and Adrienne Olson, awners of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement described herein: and WHEREAS, the Ci ty Commi ssi on fi nds tha�t sai d easement i s not necessary for municipai use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The East 2.5 feet of the 7.5-foot drainage and utility easement lying along thE West side of Lot 406, Morningside Estates Unit 4, as recorded in Plat Book 61. Page 92, of the public records of Pinellas County, Florida, i s hereby vacated, cl osed and rel eased, and the Ci ty of C1 earwater qui tcl ai ms and releases all of its right, title and interest thereto. Section 2. The City Clerk shall rec�rd this ordinance in the public records of Pinellas County, Florida, fo1lowing adoption. Section 3. This ordinance shall talce effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: �� o n arassas Assistant City Attorney Rita arvey Mayor-Commissioner Attest: ynt ia . ou eau City Clerk .� 6��,:.. , . `.f..i"+' . � . ,. ,... . . . �t+�rlda Power C 0 R P O R A T i O N November 16, 1995 Dewaine OLson 1324 Dickenson Drive Clear�wate�, FL 24624-2906 /! l/ ► � • � � } � ��-. � Re: P�ition to Va,cate Tfiat part of easeme,nt where the existing pool is located (see ai#ached capy of petition received by FPC November 16, 1995 for praperty description) Dear Mr. �lson, Florida Fower Coigo�on has no objection to the peitition to vacate tl�at portion of easement where the esxistiug pool is located at Lot 406, Morningside L'states Unit #4. If you have need of any further assisrtance, please contact me at 562-5656. Si�acerely, � c �� Gazry � I�istribudon Engineering GRH/jo� CLEARWATER ENGINEERING OFFICE: 2188 Palmetto street Clearvveter, Florida (813► 682-6868 A F/Orlda Progr�ss Campan y � ,. i GTE November 20, 1995 Mr. Dewaine A. Olson 1324 Dickenson Drive Clearwater, Florida 24624-2906 GTE Telephone Operations MC: FLCW5060 621 Tarpon Avenue East Tarpon Springs, FL 34689 813 942-5900 813 942-5905 RE: VACATION OF EASEMENT - LOT 406, MORNINGSIDE ESTATES UNIT 4 Dear Mr. Olson: GTE Telephone Operations has no objections to the proposed vacation of easernent as described in the attached survey. If you need further assistance, please call Ralph Wilson at 942-5927 in Tarpon Springs. Very truly yours, �+.�a��.� � — \ ��� G�ry R. Jeup Engineering Supervisor GRJ:pay Attachment f1 part of GTE Corporation r . Tirn� �a� �nterta'irxna�rt-�dvnnc�(�.-w��oucc 25�0 i�+�cw Sfroct Ctaa�rMOtcr, �iarida 34625 C8�3) 797-1818 DATE: November 17, 1995 Dewaine A. and Adrienne ,T. Olsen 1324 Dickerson Drive Clearwater, F1 34624 RE: Vacate 2.5 feet of a 7.5 feet utility easement —1324 Dickerson Dr•�CaWe 92 Lot 406 Morningside Est. Plat Bk 61, p g Dear Mr. and Mrs. Olson , � Has no cor�tiict wi�kh yaur proposed: � Vacation oi EasementlRight-Of�INay Ci Piat D Constructlon ' ` � Maintains tacifitiss within the ar+ea oi �tt�e proposed vacation cf easemenU right-ot way. 4ne ot the following conditions mus4 be met prior to the release of a "no conflfcY'tstte� A. The ownerldeveloper m�st reimburse Time Wamer Entertainment- AdvanceJNewhouse tor all costs incurred by retocation of our facilities. B. A utiifty easement must be platt$d to encompass sxisting iaci[ities. Thank vau for your t�s*�e and cansid��ati�n. ii yuu hava any q�estions� piease contact me �� �����v `�� � ��� � Sincerely, ' TIME WARNER ENTERTAtNMENT-ADVANCEItiEI�VHOUSE �_ ��� Denise M. Vita NorCh County �'ield En�ineer , ��r��i, . � 4��/V -� .,�v ��Gvi� �`' � � � � CLEA�tWATER CITY COMMISSION � Agei.da Cover M�morandum SUBJECT: Vacation Request 95-20 ;��.emer) Item # Meeting Date 1/04/96 c RECOMMENDATIaN/MOTION: Approve the applicant's requ�st to vacate the 5 foot Drainage and Utility Easement lying alang the Northeast side of Lot 52, Ambleside First Addition, and pass Ordir.ance No. 5966-96 on the first reading. BACRGROUND: The applicant is requesting to vacate �he 5 foot Drainage and Utility Easement lying along the Northeast side of Lot 52, Ambleside First Addition. The applicant owns the land on both sides of the easement. When ,Ambleside Second Addition was platted, a small strip of land was dedicated to Lot 52 to qive the awner of the lot a wider property. The residential structure was constructed in 1969. T�e existing porch encroaches into the easement. The applicant would like to sell the property and must vacate the easement to obtain a clean ti�le. The City has no existing utilities within the easement. The storm drainage pipe connecting Palmetto Street to Lake Hobart is located in an easement one lot ta the East. Florida Power, GTE and Time Warner Cable have reviewed this request and have no objections. This petition has been reviewed by various City departments/divisions concerned with vacation requests. Engineering Services has no objections. All other City departmentsJdivisions have no objections. The City Engineer has reviewed the comments subrnitted by the reviewing Departments and recommends this request be approved. a Legal N/A Budget N/A Purchasi�g N/A Risk Mgmt. N/A IS N/A ACN .H A ENG. � / ' OTHER N A Submitted by: __, Ci ty Manag%�%� - / \'ACO620.AGN Originating Engineering Dept. ; Advertised: Date: 12/21 & 12/28/95 Paper: Ta�npa Tribune Not required �Affected parties , notified X Not required Costs: N!A (Current FY) funding Source: Capt. lmp. Operating Other Appropriation Code(s) 1� coma;ssion ncti«, Approved Approved w/conditions Denied Cont'd to ; Attachments: ; Application location Sketch Ordinance :� Vacation Number 95-20 �'Diemer" V A C A T I O N R E O II E 8� � R C? C E 8 8 I N C� 8 H E$� PLEP,SE R��'VI�i�Y THIS VACATION IN TERM5 OF YOUR PRESENT USE AND FUTURE I3EED FOR THE PROPERTY. INDICATE Y�UR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 279BjF-10 SECTION 11 TOWNSHIP 298 RANGE 15E 1. 2. ENGINEERING SERVICES: / � REV I EWED BY : � . APPROVED BY :, ��pl�( � . , DATE :�-1 �l '%l� COMMENTS: The applicant is requesting t v ation of the 5 foot Drainage & Utility Easemen� lying alo g t e Northeast side of Lot 52, Ambleside First Addition. The applicant owns land on both sides of the eas�ment. When Ambleside Second Addition was platted, a small strip of land was dedicated adjacent to Lot 52 to give the owner of Lot 52 a wider lot. The existing porch and residential structure encroach into the easement. The applicant ` is proposing to sell the property and must vacate the easement tA have a clean ti�tle. The City has no existing utilities within this easement. The Engineering Division has no objection to this vacation request. Florida Power, General Telephone, and Time Warner Cable have no objection to this vacatio request. CENTRAL PERMITTING DEPARTMENT: � / REVIEWED BY : S't�`�� Hcx� PPROVED BY : DATE : J�-f ��G'r J� COMMENTS: The CentraT Permitting Department s reviewed this vacation � request and has no objections. 3. GAS DEPARTMENT: REVIEWED BY : i c�� APPROVED BY : f'�,I�y COMMENT S: �""j g Cl� fw4 t�r" �as Sy��� h ar s � 7-his t.E-�caf-royr r'�[/i�°57` 4. CITY ENGINEER: REVIEWED AND APPROVED BY: COMMENTS: ✓. O %�''�'e'''t DATE : 1 ?���QS �d o,�J � y`; ot� s � DATE: �.�.t,�, , ,1 �� � �j__ ------------------------------------------------------------------ ADVERTISII�G DATE: PUBLIC HEARING DATE: 12/21�95 oifoa�96 AND 12J28j95 �OMMISSION ACTION:----•�PPROVED----CONTINUED----TABLED----DENIED---- ORDINANCE NO. DATE OF ADOPTION RECORDED IN O. R. BOOK: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION O�' VACATION VACATION CARD FILE: REVISED 06/95 VACPROC.WJS r - 0 l. CITY OF CI,EARWATER - ENGINEERING SERVICES P.O. BOX 47�8, CLBARWATER, FL. 34618-4748 PH. (813) 462-6970 . . . , • � • � F�ziraa �aRM FORM NUMBER 1326-0104 NAME OF APPI,ICANT OR DESIGN�►TED REPRESENTATIVE: NAME : ( C,e -I�lzC:-�- a--- � (���yl�i�-- PHONE : � �j D�]Z% ADDRESS: �l DC% __��GGtiQ�YZC: HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: EASEMENT TYPE: i,C� ❑ RIGHT-OF-WAY ALLEY OTI�iER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY DESCRIBE HOW MUCH TO BE VACATED. S�" 1 L/ iCl i,n G C i� V[' � l i�� �� S� vt� c v� t �`,( � v� Q( G✓! ' '�' Y� � � � �5 5 3. 4. �o r -}�1 �'Ll S � 5 ►�d�. ���f 52, A��., �, I� s�' d E STREET ADDRESS OR SIMPLE LOCATION: � � cl %�c C-`'1�?,f2'�S �. PROPOSED USE OF VACATED PROPERTY: � � �l c{C� . �571 NG- QI�C'-t„f l S G?�1C(�C�-fitiJG- �-5�.�� i 5. ZONING OF ADJOINING PROPERTY: � � ,1��N�'I �L FILE - VACFORM.WJX � PriM�d on ncycF�E D�W► FORM REVYSED 08/22/95 PAGE 1 OR 2 6 . ATTACHA+IENTS : LAND SURVEY. OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING �NCROACHMENT. DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) �_ SEE RESOI�UTTON 82-3 (ATTACHED) FOR FEE SCHEDULE THE FOLLOWLNG LETTERS OF NO OBJECTION ARE REQUIRED: (I,IST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED) _� FLORIDA P�WER CORPORATION �_ GENERAL TELEPHONE COMPANY �,_ TIME WARNER CABI,E OTHER 7. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT) NAME: I����L �'�(�yY1 P�'' PHONE: L�C O�%�7 AD DRE S S:�D �/ /G� (,G1 CL�C.� S �'�"L1P . 8. OWNERS SIGNATURE � � - �( r i�c�'/i STATE OF FLORIDA) COUNTY OF PINEZLAS) The foregoing instrument was acknowledged before me this `� �� 7J� by �.G�" ��� , who is personally known to me or who has produced ����� �-1 ��i15 � L��t�- as identification and w did (did not) take an oath. � Notary Public, Commission No. (Name of Notary typed, printed or stamped) � �u.,, ��p �ryl►,`:yt'r.. , Yvr1t �Cfllli:. � . ��Cll:�'��Vi�..�. 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MYV �YY� M1..IW�W �!w MO.. �y �� •.IM�� O.�r� Y•WrM O•Ca�V�� 01 O��IMr 1�.lYIM� NL.0��11br�lrM N.Iy� IW�.I�w'.�� � r.oa.nw.iM+•++raa.nwoo...�...r�.+•or�aw�v.� ��Y ��� � � aw.w.►.w I/ota S2 :nd 32 71r �ESID: 1�ILL'9P 11i�ITZGN� aCL•ocd:I7Q t0 thd � oow.�ao.n .rw..�..r.�..�..a.......... ,,,�...,,,,",.,.,.,.,.,,�.,,..,.....�,,,,....,..,�,,. plat thQnot as noordeG in PlaE 8odc 6l. Psq� 8. Public SCALE:�� s� .••�•�••^•••+�•'•••�� »,�ra••� `� feeOniiia of Pi1►sllu GbttiCT� llosldai aoA LOts S2-B snd S2-C� ....��..�..r....-..w....., 1118LSIDR ssCi7m Iu�Q?Id1. acaCOrding to the pia! tb+reot a� ��, rvcosded in Plac Hodc 61, Psye 17, Pubiic Recotda o[ Piryollas �auntr, tiorim. • i2�t�GK�6 •1'7i.lri tt� �iGLra4.� Yt'�d D�'t� 2� i4oc � 17v►cad � Gr.1 � I I G.1Z• �a+ ■ w 11-i.12' � � ►.i� Ciil�� �.1 LY! d►► .�2' �. m • � ► .. 1.�1 *.lrs l�".t� � �a ..n1 QI , �' � �� U � a � / �I ��/ • �� Pp/ / �,%� y � �� owc� wwo� +a �. �wra�vw �v�. aa,�m�izti ncwo. w�� i 6tJRVfY NOT VALIO UNLE88 I EMY068ED NRTN dUAVl1'OAS SEAL plt[�MlD fOR AND CEATIFlED TO: il2f�OC7 S. D�00!! }�it10MBs71k Of Y20�di Rlchard�. Cilk�y EC11L AClotners Tttl� InsuraC� !Za►d Inc. 0 ►s� ��•! �e�+ a ��T � i ��...c� \ .�',,,oed M/ k, ?3 �,� d .l � �Z� � d � � . � �� � \� . P- TARQET LAND SURVEYING, ING. P.O. 80X 66.7 DUI�tEDfN,Ft.�E97�00a.1 PH:(!l1�I784-0679 /►w.►r arAlr Y� W�w..l w� �.1. �.An p n�pJ14 drt� W wa rr ►rrlsu 7«iwW 2+�6� r r fau ►� 0� /Iwib �w� d No6�Y� 3ad l�wras Y O�r fl O 17. ►lat� A�Jr+lnrw Cd4 p�++M b �q2OP7 R.ff. fe.arw ,�y, � TriS�!'l PfilllpC.6tock,RLS��0�5 Fleld Surv�y t0/X7/9S -- �• ,10_ i.. i�r.� FB• �—�--_� s7 - DATEOFCiRT1Fl('.ATON JO4� 951a24.Od A Pwt-it' brand fax transmittel memo 7671 � o� ww� ►/ ATi ��" .. ... ..v�n.�o�.rT' .. ... .... .. . ...... . .. . . -•- • . ,_.y� . . ... � , . . .._. . .,�_ .._._.•---..� ._...., ....�. . .. .. �i ORDINANCE N0. 5966-96 AN QRDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 5•FOOT ORAINAGE AND UTILITY EASEMENT LYING ALONG THE NORTNEAST SIDE OF LOT 52, AMBLESIDE FIRST ADDITION. PROVIDING AN EFFECTIVE DATE. WNEREAS, Rebecca S. Diemer, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement described herein; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now. therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following: The 5-foo� drainage a�d �ti?ity easement lying along the Northeast side of �ot 52, Ambieside First Addition, as recorded in Plat Book 61, Page 8, of the public records of Pinell�s County. Florida, i s hereby vacated, closed and released , and the City of C1 earwater quitcl aims and releases all o� its right, title and interest �hereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida. fol1owing adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: . y �- �J � �/ / ! `� n arassas Assistant City Attorney Rita arvey Mayor-Commissioner Attest: ynt �a E, ou eau City Clerk .. t:�, .: � , � ': C. R. 548 1 Q P�� > , Q 52 Su ject Pro erty tn � � ���,,� Q p* v 51 15'� � r � J 53 52B 5' Ut1. Eose. 53A ' 52A 52C �QjE: lhis is not a survey! Sec. ii-29-13 VAC95-20.drq RMS 11/28/99 ;� ; f i ; i �x,.. .. . . ,. . � �� � � .�, ' '��, _ �'.I. � � � � � 0 0 I� M+ : ''• � , T � �( CLEARWATER CITY COMMISSION . `�� �J y�� A enda Cover Memorandum �'�I�A� g BUBJECT: Vacation Request 95-15 (City) item # Meeting Date 1 /4 / 96 RECOMMENDATION/MOTION: Approve staff's request to vacate and Quit-Claim the City's interest in the water main easement granted to the City of Clearwater, by Florida Power Corporation on February 20th, 1995, back to Florida Power Corporation, and pass �rdinance No . 5967-9C� on f irst reading . BACRGROUND: The City approved and accepted a perpetual easement agreement with Florida Power Corporation, for water well and water main construction and maintenance within the Florida Power Corporation's right-of-way which crosses Northeast Coachman Road. Subsequent to the easement grant, and upon field verification, the City consultant discovered that l�inellas County had a 54" water line in close proximity to the City's proposed water well and proposed raw water line. The drilling of the proposed well and the construction of the raw water line in the area of the County's water line, might disturb the structural integrity of the large County water line. Because of this discovery, the current easement from Florida Power Corporation is not usable to the City. The City Engineer has reviewed this request and recommends the request be approved. Reviewed by: Legal N/A Budget N/A Purchasing N/A Risk Mgmt. N/A 1S N/A ACM W W � ENG. O�HER N/A Originating Dept � Engineering � � . � i User Dept ' � Public Worksf ; Advertised: ' Date:12/21 & 12/28I95 Paper: Tampa Tribune Not required ��'"t�' Affected parties ' Submitted by: _ , ; notified � City Manager '��� i Not required X � � ! � vnceui�.ncri Costs: N/A (Current FY) _ i Fundins Source: ' i Capt. Imp. _ Operating Other Appropriation Code(s) N/A Camiissian Action Approved Approved w/conditions Denied Cont�d to Attachments: ', Application Agreement Ordinanc � 4 ,' Vacation Number 95-15 City of Clearwater V A C A T I O N R E 0 U E 8 T P R O C E 8 8 I N G 8 H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMNiENTS BELOW: REFERENCE ATLAS SHEET NUMBERS 263� & 272B SECTIONS 6 6e 7, TOWNSHIP 298, RANGE 16E. 1. ENGINEERING S VICES: � /� � ' REVI EWED BY :�' APPROVED BY : f.��''��'/ DATE :%L� �,,,1-��'" ; COMMENTS: No objections to vacation. Sub ue to the easement grant, the City consultant disc ere existing utilities within the easement limits that preclude drilling a well and running the raw water lines. Easement is of no use ta the City. 2. CITY ENGINEER: REVIEWED AND APPR4VED BY: COMMENTS: •1 7 � (%J�'l1� DATE: lt3���� �-- , _..r---------------------�-------------------------------------------- ADVERTISING T�ATE: 12/�1/9.5 AND 12/28/95 PUBLIC HEARING DATE : oi/04/96 COMMISSION ACTION:----APPROVED----CONTINUED----TABLED----DENIED---- ORDINANCE NO. DATE OF ADOPTION RECORDED IN O. R. BOOK: PAGE: LETTEi2 TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION CARD FILE: REVISED 06/95 VACPROC . WJ'S l. CITY OF CLEARWATER - ENGINEERING SERVICES P.O. BOX 4748, CLEARWATER, FL. 34618-4748 PH. (8131 462-6970 V A C A T I O N R E Q U E S T F I L I N G F O R M NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: FORM NUMBER 1326- NAME: RICHARD J. BAIER, CLEARWATER CITY ENGINEER PHONE: 462-G970 ADDRE88:_P.O. BQX 4748, CLEARWATER, FL 34618-4748 BEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOZLOWING: X EASEMENT TYPE:_WATER MATN ❑ RIGHT-OF-WAY ALLEY OTHER 2. LEGAL DEBCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF AN EABEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT/6 IT ABUTB, IF IT IS A FtIGHT-OF-WAY DESCRIBE HOW MUCH TO BE VACATED. SEE ATTACHED "EXHIBIT A" PAGE 1 OF 4, �F THE FLORIDA POWER CORPORATION EP,SEMENT AGREEMENT DATED FEBRUARY 20, 1995. 3. STREET ADDRESS OR SIMPLE I,OCATION: , ,: : EASEMENT LOCATED ALONG THE WEST SIDE OF FLORIDA POWER CORPORATION RIGHT-OF-WAY, NORTH AND SOUTH OF NORTHEAST COACHMAN RC?AD 4. PROPOSED USE OF VACATED PROPERTY: NOT USEABLE FOR CITY PURPO�ES, THE CITY RIGHTS TO USE THE LAND, TO SE QUIT CLAIMED BACK TO FLORIDA POWER. 5. ZONING OF ADJOINING PROPERTY: P/SP FILE - VACFORM.WJX ��� Prinled on reeycled p�per FORM REVISED 08/22/95 PAGE 1 OF 2 � ,;�; 6. ATTACHMENTB: LAND BURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVEB AN EXISTIIJG ENCROACHMENT. DRAWING SiiOWING PROPOSED USE OF VACATED PROPERTY (SIIRVEY, PLOT PLAN, ETC.) NA SEE RESOLUTION 82-3 (ATTACHED) FOR FEE SCi�EDtJLE THE FOLLOWING LETTERB O�' NO OBJECTION ARE REQUIRED: (LIST �F CONTACT PERSONS FOR TIiE UTILITIES IS ATTACHED) _NA FLORIDA POWER CURPORATION _NA_ GENERAL TELEPHONE COMPANY _NA TIME �iiARNER CABLE OTHER ?. NAME AND ADDRESS OF iiOLDER OF EASEMENT AGREEMENT (PLEASE PRINT) NAME: ,RICHARD J. BAIER, CITY ENGINEER PIiONE:�462-6970 ADDRESS:_P.O. BOX 4748, CL�,A�ATER, FL. 34618-4748 ��� � � 8. APPLICANT'B SIGNATURE ����� _ %v �J � STATE OF FLORIDlsi) � COUNTY OF PINELLAS) � The foreqoing instrument was acknowledged before me this �,3,�(' ���, � �• /�;%� � bY ��� �-� i? ��- r� -./ •r�� � c r; , who is personally known to me or who has produced as identification and who did (did not) take an oath. ay p� OFFI�IAL �tOTAFaY :.=a�. E , � � o�P e�. v�o�.a ra Y�ASILEWSKI i � z �`L � ► 1,�,�� �� ,�t,!�r:t1 ��.�_.t_�+f_ v Notary Public, Commis �o � ,xC'�,°t�"-����ER � , �, ���� a � , �� �" � a�v coMMissioN �x�. �; p,L.r� /`�(. L�! �`�� L L�S r � (Name of Notary typed, �i��� o��aa�e��'3 � _ _,..---�----._,,. ._._,.. �.. _ `� Printed an racycled p�par PAGE 2 OF 2 . . � �„ T�3IS EAS� AGREF..I' 1995, between FLO�DA PaWF1Z whose mailing address is P. O. Bax 1� and, City of Clearwater, Florida,P.O herein; WITNESSETH: That the sai� and other goad and valuable consi which is hereby �c�aiowledged, an contained, does herehy grant u nto G of construciing, util.izing and main� Stag Run Boulevard and to place hereinafter collectively refened to a Area and as depicted or� sketched h State of Florida, to wit: � ,� S-94-14 1/26195 JI.R � ��Y�i���!�., :ENT, Made this '� day of Fi�mr�y , �ORPORATION, a cbrporation of the State of Florida, �42, St, Petersburg, Florida 33733, "G�:.ANT4R" hecein, Box 4748, Clearwater, Florida 34618-4748, "GR:�U�tTEE" GRANI'OR, for and in considecation of the sum of ($1.00) erations, in hand paid by the GR;�U�E, ttie mceipt of in consideration of the conditions and covenants herein :�UVTEE an easement and right-vf-way for the sole purpose ning a pipe frorn a raw water main from well s�te north to a permanent water well and monieor well, (sometimes "improvernents") within the following described Easement reto attached as Exhibit "A" in the County of Pinellas and GRANTEE shall have the right to inspect, �pair and/or replace said impmvements, together with all rights and privil ges r�easonably necessary or convenient for the enjoyment or use thereof for the purposes he in described, subject, however to the following terms and conditions to which GRA.N�CEE e pressly agrees: A. That GR�NTOR xpressly reserves unto itself, its successors, � Iessees and assigns, the continued right to upy and utilize the said Fasement Area in any martner not inconsistent with GAANZ'�E's fa ilities. . B. That any costs, att mey's fees ar expenses of litigaiion incurned by GRAIVTOR in constn�ing or enforcing this Ea. ement Agreement shall be borne by the non-preva.iling party, C. 'That 'vn the event the rights and privileges herein to GRANrOR in its entirety. U. That all of GRA.� Easement .Area beneath or in pr times, be in strict cornpliance wi (�vESC) and the Occupational S; notified and hereby agrees to sc representatives or other persons with GP;��I�T'I'EE's knowledge � � :� �i���;. :f. i '!�';jj; t'.'..; ' { �/!� ; TI�.E should remove or �bandon said improveme�ts, then cease and terrninate and the Easeme�t Area shall revert fTF.E's operations, activities and.equipment used withu� the �ximity to any �of Gk.�Nx'OR's electric facilitie,s shall, a�t all h applicable provisions of the National Electrical Safety Code fety and Health Act of t971 (OSHA). GRANTEE is fu�ther notiFy any of.GR�UVTF..E's employccs, agents, contractors► . �ngaging in GRANTr.E's activities upon said Easement Area ad under GR�.N`TEE's supervision or control, that ex�reme � . .. . . . � -. caution is necessary aroucad all of GRANI'OR's electrical faciliUcs, supporting stnictutCS, . � anchoc guys or nelated appurtec�ances, and in the event of any d.arna�es or injurics, GRA.N'T'EE shall immediately repori the nature and extent thereof to GRAN'I'OR's nearest loca.l officc. GR.�►�1TEE fu�ther notes specifications pertaining to necessary precautions and requircmcnts within GRANTOR's prernises. Said specifications attached hereto and marked Exh�bit "g« E. That the validity of this Agreernent is contingent upon its being property executed on behaif of GR.��IVTEE to sign.i�y GR.A..KTEE's accept.ance of and agreement to abide by the terms and c,�onditions set forth herein. Fa.iture of GR:��]� to sign this Agreement and return the marked copy to FPC within 30 days from tr�e d.ate of the Agneement shall aucomaticaUy • render the Agreement null and void. ' F. That G�A.NT4R's consent to GR.A.IITE]E's use of the Easement A.rea is limited. Such conditiona] and restricted consent creates priviieges in the GR:�UVTEE ta use the Easem�nt Asea only insofar as cornpliance with lhe conditions herein is continued. G. 'That the validity of this Agreement is concingent upon GRANZ'EE first obtaining proper zoning, authority, approval and/or permit from the appropriate governrnental body or public agency having jurisdiction over such utilization at this location. If sucE� zoning, authority, approval andlor pe�nit is not secured, this Agre,ernent will be considered null and void. H. That GR.A.NTOR shall not be liable for any damages to GR�.N'I'EE's utilization howsQever resulting from GRANTOR's coniinued use and occupancy of the Easerraent Area; GRANTOR, however, shall not willfully cause undue damage to GR.�UN'I'EE's utilization. I. That GRANTO�Z.'s Transmission Rights-of-Way Inspector (i.e., Mr, Terry � Whitecar or his designated altemate, telephone 813/866-51�, St. Petersburg) shall be notified by GR�4.NTEE at l�ast 48 haurs prior to GRAlT�TEE's commencing inicial aciivities within the Pasement A.rea. • ]. That Gp�� shall comply with all federal, state and local laws, rules and regulatioc�s in respect to the use of the Easemeni Area, GR:��I�I`I'EE shall not store, dispose of, treat or generate any hazardous waste or hazardous substance on the Easemcnt Area. GR�1S1'I�E shall not use any hazardous substance on the Easeanent A.rea without the express advance written approval from GRANTOR. Approval from GRANTOI2 shall be solely at the GRANrOR's discretion. Th►e terms "hazardous waste" or "hazardous substance" shall be as defined in 40 C.F.It_ Part 261 and in� 40 C.F.R. Part 340. Failure to cornply with this Paragraph "J" shall be cause for immediate cancellatio� of this Easement Agrecment and GR�A.NTEE expressly agrees to be liabte to GRAN'C�R pursuant to Paragrapb "R(e)" for any violation �f this Paragrapb "J" . � � K. That GI�:��I�T1EE shall not use a dragline or cable type crane within GR.ANTOR's Fasement Area. ..._., Ir�i'�„'.:. S s � _.�. ....i { !'•:!7' �.l� t �. Page 2 of 4 pages : �• • ' � � L. That GRANTEE shali adhere to 'prvvisions in NESC reg�rding clearances between ground level and �fectric conductors, Ground elevation must not be incr�eased more than two feet (2'). M. 'That if the utiLization area is fcnced GR.��NTEIE shall install a sixteen foot (16') wide gate i.n the fence making that portion of the right-of-way strip accessible. Gate should have a Iock installed by GR.A,NTOR. ' � N. T'i�at �R.ANI'E.E shall assume the sole duty, responsibility and obligation of mowing and otherwise maintaining ti�e surface of tt�e portion af the Easement Area in a condition at least as good as the surrounding area.: O. Thai the entire disturi�ed area within the Easement Ar�a, including GRANTOR's patrol road shall be resiored by GRANTEE to a condition at least as Sood as that which existed prior to construc�ion. P. That upon completion of operations, GRANI'EE shall notify GR.A.iNTOR's Transmission Ri�hts-of-Way Inspector heretofore mentioned in above Paragraph I for i.rtspection of the Easement Area. Q. That GRANI'TE shall fumish GRANTOR with a set of as built drawings within thirty days of final construction. R. That G� hereby expressly understarids, covenants and agrees (a) thai nothing containeci in th�s Easement Agreement or�contemplated is intended to or shall increase GF.AN�'OR's liability for personal injury or death or for any property damage, (b) that GRANTOR doe.s not assume any such additional liability, (c� that liability arising out of the uiiliiation and occupancy of the Easement Area by GRANTF,�E and GR�'�f�ITE]E's employees, agents, contractors, invitees or an� representative, is hereby assumed by GR:�U:VTF_.E and shall be at the sole and exclusive risk of GRANI�E, (d) that GR;�#]'�ITEE shall answer and satisfy to GRANTOR's satisfaction any and all complaints r�lative to G�EE's utilization of the Easement Area, (e) that G� shall ta the extent of Section 768.28, Florid.a Statutes, protect, defend, hold harmless and indemnify GR.A.N'TOR from and against any and all actions, claims, damages andlor ioss, including, but not limited to, actions or claims from GRAN"iCEE's employees, contractors, or subGOntractors, and inctuding, but not limited to, claims for remediation, damages or fines from governmental entities, which cnay be assessed now or in _ the future, togelher with any costs and attorneys' fees occasioned by or growing out of any actual or claimed usage or condition of the Fasement Area arising in any manner whatsoever, •di�ctly or indirectly , by reason af this Easement Agreement for CR;��IV'TEE's ut'ilization thereof, and (f} that GR.A►NTEE covenants not to interfere with G�OR's existing and future high voltagc electric transmission tines and related facilities in any manner whatso�ver and shaU fully indemnify GR�►NT4R from any and all tosses as in Section "(e)" above nesulting #`rom such interference. Page 3 of 4 Pages 0 ' , ' ' �7 � • + ' . ' • . . ;. . S, 'I'hat upon GRA.�T'I'EE's breach bf any condition containcd her�i,n, this P,asemcnt Agceemcnt aftcr writ�cn notification by GRANTOR to GRA.NTF.�? of such breach, and upon fa.iJure of GRAN'TF�? to remedy or remove suc1� breach witl�i�� a period of S working days aftcr rec�ipt of such written notification, sl�alt becoine null and void and all grants and rights contained herein shall ihereupon immediately ternainate arid revert to the GRANTOR in absoluta, it being expressly understood and agreed tf�at tlie GR.��]�1TEE shal! be liable for any and all losses as meneioned in Paragrapll "R" above oecurring up to the effective date of such termination. GRAN'TEB furth�r covcnants to rein�burse GRANTOR for any monies exp�nded before or after termination by GRA.I�'TOR to recvrn the Easeri�ent Arca to its original condition., T. That this Agreement is personal to GR:�UVTEB and shall not be assigned or tra.nsferred in whole or in part without the express written consent of GR.A.N'I'OR. IN WI�CNFSS WH�tEOF, tt�e aforesaid Parties have caused these presents to be signed in tl�eir respective narnes by their proper officers tl�ereunto duly authorized and their respective corporate seals to be hereunto affixed au�d attested, all as of the day and year iust above written. ' . WITNF.SSFS: WITNESSPS: Approved as to form: /��� . _ � ._...._.._ . � � � � ., „ �Ic:�:�.'S t . � � , � . ��i� ' t�cui aE�t: /1PPR Y D tkt� r 3/ � S er���,t�.�+ t FL0�2IDA PUWER CQ (as GRA.�IrC�) RATTON At Assistant CITY OF CLEARWA' (as GRANT`EF) : ,/ ..�_, ,� � �`�-...^..�4..._._ City Clerk Mayor-Commissioner Page 4 of 4. Pages � � v'� �. . � � N � i� i � ! � # F �e i' � 1 '>� . � . , ., . � . . WATER EASEMEI�t�` DESCRI�TION - A water easernent lyfng witihin a certafn seqment of the Florida Power Right-of -Way t}ra� is recorded in O.R. Book 1466, Paqes 156- 156 ot the Pubiic Records of Pi�ellas County, Florida. Beinq more particularly described •as follows: ' , _ Commenc+e a� the SW carner of W. 1/2 �o�f E. 1/2 of NE. 1/4 of Section 7, Townshig 29S., Range 16E., Finellas County, Florida, and run thence N 00°30'4�" E along the west boundary of the W. 1/2 of E. 1/2 of NE. 1/4 foz 1454.97 �eet to the POINT OF BEGINNING; continue tbence N 00°30'40" E along said west baundary of the W. 1/2 of E. 1/2 of NE. 1/4 (also a portion of which is the east boundary line of Coachman•Ridge Tract A-1 as recorded �.n Plat Book 83, Pages 62-64 0� said Public Records),1207.10 feet to the NW. cornex of W. 1/Z of E. I/2 of NE. 1/4 of Section 7, Township 295., Rat�ge 16E.�thence N o0°56'22" E, along said west bo�nriary of the W. i/2 of E, 1/2 of SE, 1/4 (be'ing also the said east bou�dary line of sa�.d Coachman Ridge Tract A-�) , for 56Z.57 feet; thence S 88°43'13" E, along the north line oE an easement described in O.R. Book 8310, Pages 3-6 of said Publ.ic Records, 10. 00 feet; ther�ce S O�° 56'22" W for 562 .27 feet, , to a point on the south boundary line of W. 1/2 of E. 1/2 of SE. 1%Q of Section 6, Township 29S., Range 16E.; thence S 00°30'40" W for 977.29 feet; the�ce S89°29'20"E fvr 5.00 feet; thence S00°30'40"W for 30.00 f eet; thence N89°29'20"W for 5.00 feet; thence S00°30'40"W �or 1�0.00 �eet; thence S89°29'20"E �or 5.0� feet; thence S00° 30' 40"W for 30. �0 feet; thence N89°29' 20"W for 15. 00 feet back to the P�INT OF BEGINNING. Less that portion, of right-of-way of State Road No. 590. ��,��.um � . ��••' � 1 �•� , �: .r.Y��- ��DWTBTT A" Pac� 1 of 4 p�s 0 � � EXHIHIT "A" The City of Clearwater and Florida Power Corp. have entered fnto an aqreement (oR 8832 pg. 101 and 102) whereby a parcel of land owned by Clearwater�in the middle of the FPC right--of-way just south of Gulf-to-Bay Blvd. (SR 60) was given to FPC in exchange far a potable water well easement within fihe FPC righ�.-og-way (location of easement to be determined). A copy of the executed agreement is attached for review. The City�s engineerfng consultant (Camp, Dresser and McKee,Yncj has selected a easement site for a potable water well in the FPC right-of-way just south- of Northeast Coachman Road .(SR 59oj which is depicted on the - attached drawings. Copy of correspondence fram CDM regarding the selection of the proposed well site is also attached for revfew. In addition to the well si�te, tne City desires FPC easement approval to pipe a raw water main from the well site running a�orth to Stag Run Boulevard. Please note in the easement description and drawing that two areas �f the easement south of North�ast Coachman Raad are 15 foot wide while the remainder to the easement is 10 foot wide. The City proposes to place a permanent water we11 in one of these areas and a monitor well in the other. A monitoring well is now a requirement of the Pinellas County Health Department and Southwest Florida Water Management District. A sketch of the configuration of the permanent well equipment is corttained in the CDM correspondence attached. In the final easement,description only one of �he 15 foot wide areas wi].1 be necessary as the monitor will f it within the requested l0 feet wide easement. The determination of which 15 foot wide area will remain is to be made after pun�p testi�g of pilot well construction. The overall location of the proposed easement is on the west side of the FPC right-of-way to be as far as possible from FPC�s hot oil line. Please contact any of the following for ques�.ions or further information, Mr. Earl Barrett, Clearwater's Real Estate�Manager, 462-6042; Mr. Tom Hackett, Clearwate= Water (operator of well), 462-6848; or Mr. Terry Jennings, Chief Engineer (application preparer) 462-6970. well.tcj �;......_., r: :.; a:��. ; ; � ri� �'•f 1, L � �i�. ._.. . �� ��: � •..- . � •..:.... � . , . . � � �. �. � � . ^� O�f .. • � � . N : �VV'��•��~� STAG RUN 81V0 oa, e�io ��� SzAC RUN BLW t�V� nj� � . N � ,Op � W ; N .,n N N O V � �� � . � , . ��Z° - Of E 1 I� � E 1��� pf 6-29-16 , P;Qe�'�uc 10���� 5' Cf L. INSIDE W RjW L�+�� 0 o �, � '- N � � o� N � � � � M o v � � � � � w p � /,� 0 0 // ••1 . •� � . , • � c PaH1 0� coti.�uewu � Nt Sw CORNER OF E � f4 OF E t/2 OF Of �-29-16 tt�� ,. A i'caN,� ��. � ___----- . � ._. ....._... W i O [� �t O� O •t 1'i N O � O '' Z ❑ �ya� 1 > � � v � 0 N � e�,��� s W ..� �,�j �°°-- � � � - J ' 300' 60�' 0 SCALE : FEET NOiE� TNlS IS NOT A SUAVEY! � � L1NE TABLE \ N0. LENGTH BEARiNG Q 5.00' S69'29'20rE � 30.00' SOO'30�40"W � 5.00' N89'29'20'W (� 170.00' SOO'30'40'W � 5_00' S89'29'20'E � 30.00' S00'30'40�W � 15.00' N89'29'20rW •..- . � •..:.. �� ii: � DETAIL CITY OF CLEARWATER, oEPARiM ENGINEERING � ��w+ er ��/ nu crrc a{caco er w.it_ FOR WELL 511E5 � ,. • , • �Q i � ■ . ■ L� � � s�d b��b�d ��tl llfll}OC��� � tro _o-.r .s T, ���� �X x ,. I I W � I�I � 11 �• �� � x . � � . �� N > � ( � h~ w � W �a � , .. 4 N � x �u4 � � • iiu� � s. Q � � �� � � M � r� �. x � � ' . � m s � W 1� W � u z 0 u . �� . ti'. . � � . � . �r .-- r I f . .� � . ���� . � _ �' • . �� �`� �' . .... . . � g o �,, z a . � �o ,°nW �� �c . . �; �x� ac � � � . �- 4 C7 V1 � O � { � � � Q H . � . � � y r1 �r w Z Q J � • � • • • � • �� . . .: ' �E��IEZ� B�Q�IB�M�I�T� for piping a raa water main from well site north to Stag Run Bout�vard and to ptacc a permanent water we11 and a rrionitar well .,; t. That other than GRAN'I'OR's facilities, no overhead wires, poles, light standards, dumpsters, signs, trees, buildings, structvres or obst�ctes shall be locate�d, constructed or installed within the Easement Area without written approvat by GRANx'OR. , 2. That all excavations for GRAN`TEE's utilization shall be a minimum of twenty-five feet (25') from� ihe nearest edge o#' GR.A.NTOR's transm�ssion structures or guying. 3. That any and all piping and/or culverts (cables) installed by GR�..E within the Easement A.rea shall have sufficient earth cover to prevent breakage due to the operation of GRANTOR's vehicles and heavy equipment within the right-of-way. 4. S. :� That no below ground grade drainage or facilities be installed by GR:��]'�TI'£E within the Easement Area without GRANTOR's review and written approval. That GRAI�t�'I�.E agrees that no refueling operations take place within the right-of- way. That all parked veiucles shall be motor vehicles ef an operative and transient nature; mobile homes, office trailers or carriers of explosive m�terials are prohibited. ?. That GR.ANI'EE agrees to fiirnish and insta.11 permanent markers showing the location of the underground facilities within the Easement Area. Said markers shall be GR;��iNTEE's responsibility at all times. 8 That GRAS1'I'EE shall notify GR.AIV'I'OR's Supervisor of Transmission Underground (i.e., Paul White ot his designated alternate, telephone 813/866-5729, St. Petersburg) at least 48 hours prior to A.PPLICANT's performing any excavation within the Easement Area in order that FPC may arrange for an authorized representative to be on site to assist in establishing the e�sting_ location of FPC's underground fuel oil pipeline and fo obsecve all excavation aciivities in proximity to said pipeline wilhin GR.ANTOR's easement strip. 9. Thaf GR:��INT�E shall not install cathodic proteciive deviGes without first notifying GRANTOR's Material TechnoYogy Engineer, A1van L. Hite, telephone 904! 563-4552, �.xt. 253, Crystal � Ri[ver. 10. That GR� shall make special note of Guidelines i�nvoIving GRANI'OR's oil pipeline attached as Pages 3 of 5 and 4 of 5 and 5 of S of Exhibit "B", by this reference incorporated herein and made a part hereof, and GRANTEE shall comply fully with said Guidelines. 11. That the GRAriTF.� will provide G1�2ANTOR's Environmental Services Department copies of well drilling permits priQr to construction, and that ihe GR:��.NTF.E will be responsible for proper abandonment of wells in the future if required. � "FX�-�IBTT B" ., � Page 1 of 5 Pages aw �erF°`.e...-. � . . . . .. � r........... �...... .. � �_ � —. ....... � ... � �.,.. . ....... . . . . . . •• at constsuctioa will be coordi.natul witb GRANrOR's Clearwat�r District Engu�eer, "lc�ry ' 12. Tb Mills !� 562•3663 concerning excavating tn close proxin�ity to Distribution facilitics. � � i 13. That the right-of-way will be left in x condition at Icast as good as it was prior to construction. . 14. That the pipe will be installed Wi�hin five foet (5') of the edg� of GRA�V'I'OR's right-of way. ...,...._...�.� ._,, ..:;�... • �i +i i it • i: . � � ,� .. ._...�.- � "�X,i�7BIT B" Page 2 of, 5 Pages 0 . � �. � . . '. � � N F R NS RUCT N RQ N F TN P p N 0 the Florida Power Corporation-6artow to Anclote Thermal insulated oii transpart line has bQen lnstalied and is operated in comp�iance with iitle 44-Part 195 Federal D.O.T. • Transportatlon of llquids by pipeline. �'The line is 14" in diameter• coated and insulated for a total outside dlameter of 11.5". 1. �uried �`ru�tures - Cro �s�nQ Situations� , The �inimurn clearances required for crossing situations of the 6/A oil iine and proposed other lines or structures follows: a. Maintain 12 inches of clearance between the oil line and other pipes or strucfiures being buried and crossing the li�e. b, when 12 inches af clearance is not practical, provisions can be negotiated with Florida Power Co.rporation for a substitution of the soil barrier rrith an approved barrier. c. Contact C. A. Nuttall, (813� 866-5129 or C. M. Forte (813) 866-4753, � 48 hours pt-ior to construction. �n �PC representative must b� present to inspect any crossings that are made. 2. Buried Structures - ParallelinQ Structures These are two standards of acceptability for paralleling situations: a. �lorida Power Corporation R/k, easements and other controlled areas. 1. All paralleling of buried structures and other pipes to the 6/A oil line must maintain a minimum of three (3) feet surface to surface clearance. b. A11 paralleling situations outside the control of the Florida Power Corporation should request the minimum three (3) feet surface to ' surface clearance. �� - 3. �finimum Soil Cover Over B/A Oil line � 0 The minimum soil cover requirements at any location along this Bartow to Anclote oil ptipe line �as been establ�shed to be 48 inches, as referenced from top of the pipe to ground leveif raad bed, ri�er bottom, drain ditch bottom, etc. Any variance in this min9mum protective soil cover must be negotiated with and approved by the Florida Power Corp�ration. A substitute, protective, equivalent concrete structure is shoWn on Orawing �A-S-34 •A• 1. ; � a. Roadwavs Roadways of the �il pipeline musi be cased and vented from R-0-�1 line to R-O-W iine. Oriveways which can be closed to a,llow for maintenance on the pipeline will not norma�ly be required to pravide casing, but will be required to comply with itern 3 abvve, F20]Bhl2-4 � n: : 0 ♦4: •i`:i �� . . . . . .5...i..........c.:.�.......t.►..;...,:::.....,.�.......,.�. , �....................�.. ,. ..._ . . . • • . . . - •' rrill be determined by conditions at ' � uirements • t 1 c�sing req • . Note: , l4c ua _ location of the crossing, i n P n N 11 f n ' '' � r tU R • wells, must mainta�n a buildin9 retention ponds or . a, Ai1 structures, 15 feet � f ram B/A o� 1 p i pel i ne cen than f i f teen mi�imum of fifteen i� o matlon to fPC on ' foundation� retentlon po�ds or w submit inf r er exist�ng � (�5� feet,, designa te t h e m � e t e � it o in 9 ponds, the fi f teen ( 1 5) f o o t design drar+ings. F0r of bank to centerline of pipe. . requirement applies from the top b. Fe�cing should b e constructed in a way that poles strad�se ha��e beii5 • of line. The fence shall be grounded. Grounding ro feet away from the B/A oil p�pel�ne. b� ����tr��rti0tl �QU1� . used in construct�an activities must erline,parked or Equipment o i� three 1(3) feet of the B/A oil pipeline cent stored w�th �201BN2-4 � � n: : ..�_ . � •..:. � Rev 1 4/13/92 0 i ; � •. . �: . t�r_ v�r-�rL "� �� . : - �° [..A .N � . 1 ' • tc�tr: 1°0�l �e�_ b~� � . . ;.��- _ � ., � . � i � � . , � /�tl A t�ow.J� �.. tV � �..1 . . N � � �rS �� it d � *� � r�acx w�y . ' r1 • . , .. . itot�! . ' � . r , � t � �DIy O /I • ' • . . 4"� ��� , eJ,. �,�� ��°;/� iU0 ; �EL�'VA.7"lOIV • xo,� . � �� � g�► . ,_ 1CACE: 1 :'Z :�' � �. c�•�. ��.��t ���..�.. �i��.�i� •r �vooR��. : �.1.� �� AttM �t�� r�1� ve � e- . " -r .� ..�i. ED 6E � r.ct�.c�.. -1 • 1. • 1. t►.�. �►��t1 1� ���i �� �w�t� Mrf��• . (►�r�� ' ' li S t�l►sC3 . �.1tt�. t' ��•�. �►.�� �tt �r��s1. � s�~� i�.�%.E V�ttR�al �Itt•IO� tACK �ta• ., � � ' t' � � �� � C� 11 N o�r,��z A . _.____.._. !fA(I f•� � �•� O• • �ONCIl�1t � �. tl�/� . _� . RtiNro�c�w f 1 t t t� � 0• N�.1 1��1 �1 1'•/' (1�1�! f1�1��11 � 1�� • 0• .• tl- 11�. �►��� •t �' • 1�{ i���l 1��1���1 • il� •�• . 1. lt.. Y►�r� tl t�' i 1�1�1 INI���1 • �� • 4' t • �t�.1 1��� •1 i•t' (I�f�l 1.�1i��! � i' • �' �. 1��, 1 1.�� 1�1�1 �1��1 i��l���• !f1'—� ' � � CO�t/C�PETE PlP�C �NE' ' . . `: CO vE�e SC ABS ..... �.`..._. � � �•j�•,� ,coc� ti,�c��•< <��r • •N� PROJECT �4�C'i01�'-�tNccorE ��PEC�NE t 0 i vt"D /V Q �.ly �.r e ; f�oa�o�l Paw�A coapoal�TtoK , �co. d�t �tv�t�oa eY c�c. �ir. ,�. ,�r�•��v•� ►�•���4 . o�tt,��.� f �c��t_�1.�11__eT_�_cKj�►►�?r bR�WiNO H0. ,Q•S'.�4 �A- l ---�---�---... _. — --- ��D4U33IT g�� � / J`�.�� n;Yx= S of 5 Pac�s G d .!'.�..;, ., . ORDINANCE NO. 5967-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORlDA, VACATING THE WEST 10 FEET OF THE SOUTH 563 FEET MOL OF THE WEST 1/Z OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND THE W�ST 15 FEET MOL OF THE NORTH 1208 FEET MOL OF TNlE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Power Corporat:on, owner of reai property Iocated in the City of Ciearwater, has requested that the City vacate the water easement described herein; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION O� THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: See attached Exhibit "A." is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all af its right, title and interest thereto. Section 2. The City Cterk shall record this ordinance in the public records of Pinellas County, Florida, folfowing adoption. Section 3. This ordinance shalf take effect immediately upon adoption. PASSED ON FIRST.READING PASSED ON SECOND AND FtNAL READING AND ADOPTED Approved as to form and and fegal sufficiency: .-�� --,�e, ohn C. Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner - Attest: Cynthia E. Goudeau City Clerk . . ;:-�:,� . . , WATER EASEMENT D�SCRIPTION A wa�er easement lying within a certain seqment of the Florida Power Right-of-Way that is recorded in O.R. Book 1466, Pages 15b- 158 of the Public Records a� Pinellas County, Florida. Heing more particularZy described as follows: Commence at the SW corner of W. 1/2 o,f E. 1/2 of NE. 1/4 of Section 7, Township 29S., Range 16E., Pinellas County, Florida, and run thence N 00°30'40" E along the west boundary of the W. 1/2 of E. 1/2 of NE. 1/4 for 1454.97 feet to the POINT OF BEGINNING; continue thence t�t 00°30'40" E alvng said west boundary of the W. 1/2 of E. 1/ 2 of NE. 1/4 (also a portion of whi.ch is the east boundary line of Coachman Ridge Tract A-1 as recorded in Plat Book 83, Pages 62-64 of said PubLic Records) 1207.10 feet to the NW, corner of W. 1/2 of E. 1/2 of NE. 1/4 of Section 7, Township 295., Range 16E.;thence H 00°56'22" E, along said west boundary of the W. 1/2 of E. 1/2 of SE. 1/4 (being also the said east bvundary line oF said Coachman Ridge Tract A-1), for 562.57 feet; thence S�8°43`13" E, along the north line of an easement described in O.R. Book 8310, Pages 3-6 of said Public Records, 10.00 feet; thence S 00°56'22" W for 562.27 feet,.to a point on the south boundary line o� W. 1/2 of E. 1/2 of SE. 1/4 of Section 6, Township 29S., Range 16E.; thence S 00°30'40" W for 977.29 feet; thence S89°29'20"E �or 5.00 feet; thence S00°30'40"W for 30.00 feet; thence N89°29'20"W for 5.00 feet; thence S00°30'40"W for 170.00 feet; thence S89°29'20'!E for 5.00 feet; thence S00°30'40"W for 30.00 feet; thence N89°29`20"W for 15.00 feet back to the POINT OF BEGSNNING. Less that portion af right-of-way vf State Road No. 590. wrell�ilc.tlm rrt'�n.!-rpT'T ^ �� C" �f 11A1 I r1 STAG RUN BLVO SW CORNER OF W �2 OF E 1/2 OF SE 1 4 OF 6-29-16 POINT OF COMMENC£MENT SYt CORNER OF W 1/2 OF E 1/2 OF NE t/4 QF 7-29-t6 / � o.00' �------_- S88'43'13"E STAG RUPJ BLVD N �a ,�,� �� W�����-� I �' � � � 300' SCALE : FEET .�� NOTE� THIS IS N�T A SURVEY! DETAlL LINE TABLE - LENGTH BEARING 5.00' S89'29'20"E 30.00' S00'30'40"W 5.00' N89'29'20"W 170.00' S00'30'40"W 5.00' S89'29'20"E 30.00' S00'�0'40"W 15.00' N89'29'20"W CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAWTJ BY DATE TLIJ 11/21/94 CHEpCED BY AS M NT SK T DWC NAME '"� FOR WELL SITES 94—'�a --- SCAIE: 1`�300• � 0� � M� Item # ` ' R � r . ;� �� CLEARWATER CITY COMMISSIaN � Meeting Date 1/04/9b ;� �� Agenda Cover Memorandum SUBJECT: Vacation Request 95-16 (Rubin/Jacobs) RECOMMENDATIOAi/MOTION: Deny the applicants' request to vacate the West 8 feet of the Easterly 10 foot Drainage and Utility Easernent and the South 3 feet of the Northerly 5 foot Drainage and Utility Easement and approve the vacation of only that portion of the Ea�sterly 10 foot Drainage and Utility Easement occupied by the pool structur� lying in Lot 153, Woodgate of Countryside - Unit One, and direct the City Attorney to prepare a Vacation ordinance for the next Commission Meeting. BACRGROUND: The applicant is requesting to vacate the West 8 feet of the Easterly 10 foot Drainage and Utility Easement and the South 3 feet of the Northerly 5 foot Drainage and Utility Easement lying in Lot 153, Woodgate of Countryside - Unit One. A swimming pool and deck were constructed in these easements in February, 1976. The pool structure encroaches 2 feet into the 10 foot easement. The decking encroaches 6.8 feet into the 10 foot easement and 3.9 feet into the 5 foot easement. The a�plicant's vacation request is inclusive of the decking. Prior to closing on the property, the title company is requiring that the portion of the easement where only the pool structure encroaches be vacated. The City has no existing utilities within the easement. Florida Power objects to the applicants' request because tlzey have existing facilities in the easernent and would not have adequate area for maintenance of their facilities. However, they have no objection to vacating only that portion of the easement which is being encroached by the pool. GTE and Time Warner Cable have reviewed this request and have no objections. This petition has been reviewed by various City departments/divisions concerned with vacation requests. Engineering Services supports Florida Power's concerns and recommends that o�ly that portion of the Easterly l0 foot Drainage and Utility Easement occupied by the pool structure be vacated. All other City departments/divisions have no objections. The City Engineer has reviewed the comments submitted by the reviewing Departments and recommends that only the portion of the easement occupied by the pool structure be vacated. , ..,. _ . _...._ _, - � ; Lecal N/A � Budget N/A i ; Purchasing N/A Risk Mgmt. N/A IS N/A ACM -� �'��,� ENG. ' • , , ,. Originating DepC:� ' i Gosts: N/A Engineering /., �' � � ( -� I ( Current FY) r t' � � Use� Dept_ � Funding Source: Acivcrti sed: Dotc: 12/21 8 12l28/95 Paper: Tampn T�ibune Not requircd OTHER N/A � _ `�' ; ;�'�1-' Affected pArties ' Submi t ted by: _._..,.; not i f i ed X ; C i ty Monoger ''�''���' � Not requi red ; vnco�; � n nc�N Capt. Imp. Operating Other ca�mission llcti«► Approved Approved w/conditions Denied Cont'd to Appropriation Code(s? � Attachments: N/A � Application ' Location Sketch � Vacation Numb�r 95-16 "Rubin/Jacobs" ' , t � > ; - � � � ; • � e : PLEASE REVIEW THIS VACATIOid IN TERIy4S OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 232A�A-14 SECTION��TUWNSHIP 28g RANGE �.6� 1. ENGINEERING SERVICES: ,� , DATE I� REVIEWED BY : �,'S APPRUVED BY : ���7it�' : CO1�+II�iENTS y The applicant is requesting the va o of the West 8 feet of the East 10 foot Drainage & Utili E ement and the South 3 feet of the North 5 foot Drainage & Utility Easement lyinq in iot 153, Woodgate of Countryside Unit One. The pool structure encroaches approximately 3 feet into the easement. The pool and the deckinq together encroach approximately 7 feet into the easement. The City has no �xisting utilities witiYin this easement . General Telephone and Time Warner Cable have no objection to this vacation request. Florida Power is opposed to the vacation as requested by the applicant, because they would not have adequate area for their existing facilities. Florida Power can support vacating only that portion of the easement where the pool structure encroaches. The Engineer�ng Division supports Florida Power's concerns and recommends that only that portion occupied by the pool structure be vacated. ��'�n ; 2. CENTRAL PERMITTING DEP.ARTMENT: / iJ REVIEWED BY: S. �jN6�ry APPROVED BY: /�rz�� �'� � DATE: ��/3 S�'— COMMENTS: � � � GENT�tAL. �df� �T�'i s� G D� r��T�t ��N T f%0 S N � �(7J�iC T I d IV '7' O 1�A 4r0►r � Ow l�� Q C�ti'i"r� I T f��i S,�C:1i�N NO i'�6"�7 �/r4 t' PE�C N. • r ��.t 5�..► ��. �-. ...� G Pe o c. A�•► p c. I�6G �[ w il S p,tS'T'a � � so i �► � � ? 4 • 3. GAS UEPARTMEN • �- REVI EWED BY : .S�+a,� � APPROVED BY : % ATE : I� �t4�'S COMMENTS : C��z,�veT E�Z. �4s s Ysr E r•� Nas ►Jo 03 J� �Tict�1 i b-r}+ E�ACar�o�! � F� cs-r', 4. CITY ENGINEER: � DATE: � C4MMENTS : � � / �,�(/c� �-� � - � �,''Yk ' L,.�.� �� �,�-� � n�c�►-�- -------- -----�� - - ----- ���-+-�-� - - - -- - - - - . � (� ADVERTISI G DATE. 12/2 /9 , AND 12/28/95 PUELIC HEARING DATE: O1/04/96 COMMISSION ACTION:----APPROVED----CONTZNUED----'i'ABLED----DENIED----- ORDINANCE NO. DATE OF ADOPTION RECORDED IN O. R. BOOK: PAGE: LETTER TO PROPERTY OWi�1ER ADVISING COMPI�ETION OF VACATION VACATION CARD FILE: RE4'ISED 02/95 VACPROC.�DM � , V A C A T I O N R E O U E S T c F I L Z N G F O R M � � 1. NAME : ,.S �.�t..-•'� � � PHONE : ADDRESS: S �/ m C�C��� P�ST �'I /\ , �, HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THF: VACATION OF THE FOLLOWING: i c� � �-S r�� �-- EASEMENT TYPE: J� F'� ���"�� � RIGHT—OF—WAY � ALLEY � OTHER: 2_ I,EGAL DESCRIPTION OF PROPERTY TO BE �TACATED: � �.- � -�. -�-- v � g ��-�-- F -�.. �e. � �� ��-r-� 5 � r.�.� � se. n-�-�-- ��C 2� �4�, ���1 � 3. STREET ADDRESS OR SIMPLE LOCATION: 4. o�. � � �� �'yt� l�-��2. C -�'-�. � �"' � 1 �' , � , Ti �� ��u� � 3 �O � � C �4---�-�� 9 3 � PROPOSED USE OF VACATED PROPERTY: �dv ��- � a 6v c 2� 7�.. 5. ZONING ON ADJOINII3G PROPERTY: -e � I (� � � � �-2_ � . 1�� c � � /� � J . f . � 6 . ATTACI�MENTS : _______ LAND SURV�Y QF PR�PERTY IS REQUIRED IF THIS VACATION INVOLVES EXISTING ENCROACHMENT DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.} . � X SEE RESOLUTION 82-�3 (ATTACHED) ATTACHED LETTERS OF NO OBJECTION FROM: �C FLORIDA POWER CORPORATION �C GENERAL TELEPHONE COMPANY X VISION CABLE � OTHER 7. SIGNATURE QF THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED TO BE VACATED: (APPLICANT) ,_ �� STATE OF FLORIDA) COUNTY �F PINELLAS) The foregoi � strume by who has roduced DDRE88 � ZIP CODE ���im��C'R�� ��R. � �- '-le�-�,�v�-�;� „ a � I ��' c ~�was acknowledged before me this � _, who is personally known to me or Q/�/1 _ ._ as identification and who (did no�) t�ce oath. t � V��-�W� v� vN�y Public, Commission No. (Name of Notary typed, printed or stamped) �• ' ,P��•. � r,=,r,Nt�! � r. �n�;�.�_i�.t.ts •� ; ^ !���t•+;,, i�u►�lic.. ��� � c�t F�I r � .� _ � , . . a ;da �` � , !� ;}- Camrn [. �.F:: .� _• ��. f 31, 1998 . r� No. C.C3ti4;� i.� ; � ENG. DEPT. 3/82 REVISED 10/92 VACREQ.DDM J I' i ;■ ■ � � � c Ll� � V � w � U w � H �� NOTE: This is not a survey! C1 l-2 � � � � � � � � � � � '" c 3 c2 e�� � � EoSei '� P.O.B. , ��.�,�y� � 5 � � , , , � � LOT 153 WOODGATE OF COUNTRYSIDE UNIT ONE P.B. 70 - P. 13 8� 14 LINE DIRECTION OISTANCE Lt S 69'13'42" W 10.0�' L2 N 75'04'07" E 3 00' L3 S 81'42'S3" W 3.00' L3 � c � � M � � 0 1 `.`' l � 1 j i � I � � v � � I ° I ° NE cor Lot 153 Proposed Vacation VAC9516,dwq Novo 11 /02/95 C � J : � .� 0 EXHIBIT "A" VACATION REQUEST 95-16 Commence at the Northeast corner of Lot 153, Woodgate Of Countryside Unit One, as recorded in Plat Book 70, Pages 13 and 14, of the Public Records of Pinellas County, Florida; thence S69°13'42"W, along the North line of said Lot 153, 10.03 feet; thence along the arc of a curve to right, radius 250.00 feet, arc 7.00 feet, chord bearing, S15°44'O1"E, chord 7.00 feet, to the Poi.nt of Beginning; thence N75°04'07"E, 3.00 feet; thence along the arc of a curve to right, radius 253.00 feet, arc 29.35 feet, chord bearing, S11°36'30"E, chord 29.33 feet, thence S81°42'53"W, 3.00 feet; thence along the arc of a curve to left, radius 250.00 feet, arc 29.00 feet, chord bearing, N11°36'30"W, chord 28.98 feet, to the Point of Beginning. LEC3AL.3.WJS i North � �cf��f: 1�= 20� P.C. /rWti L1 - CrsMr Imy 4� Cr��M pl - Crr.w. Wv.w.r QIV - [I�.w�w /10 - ��wl I - �wn �p R - r�. Mi1 ls► � .yn+I lS/ � Lw� 1r•� Ayr�1w^ Mw�r M/� - r/ I fw. �MD - MW I M rn - r.r.r rwr - r..�....v r'.w... rw.nw R/► - �W a�'v cac - c...... ♦ C-�.w a� a.�.+�+. • t - r�w� a r.�..i..�. a� • aw r � c- r�w a w�.,• 0...1�.. r c c-�►.w alw�V.��1 •� - PI.�� /bY •Y - Fr� Wr IRS - d+�w/ 3M� � - '�� •- �s..Y o- Ow� r_ yyw.�w c uia.4.� Q• Aw M.� Ia - Iw Yr 0I - Ofkr bw� Mwa n: - hM M� - Mwy ♦ OI hM p AY�q � 0 C /uwl OP C�nwra�wf b1 •('I�w� I�rYy 9 ♦ - y�I�� M COQM M04i M� w�nv+wn �n�+1 n��y .�rrnf� '�'�-�. .+t/r w....n► �..�.nra •R.N w.n w .n�wM M.ww.r.M� www .w+N w r+.w ♦�+..a.w r. w.n wnw .iwr.n. r. �...I .n M c v D rrl� (M� � u o0•1 44Em ih�t properir iirs wrth�n Fl�u>rr jonn X os drp�cfed u� Flood Insuronce Rofe iva� Commun,ty Puno� i_ 1.�5096 -UQUSD �oted._ 8-4-91 I BENCHAIARK v I Q4SIS Of nE.ARiNGS. C451 R/W (INf D� 7!M£ifRCRF.iI CIRCLf (A51 i BOUNQVtY SURY£Y: !�T JSS, NT7pD�G11E' Pf COUMRYSIO£ - UNll ONE. ACCORDINC TO 77�E PU7 7HER£OF AS RECORUED IN PUf BOOK 70, PAGES IJ h!I. Of' 1NE PLDL/C RECORDS Ui� PINELLAS COUNTY, fLORlQA. ' �REST CIRC4E �ST TIMBER , R �) � / ENT� �26 asP Pav_ \ 1 4 ``+ ��y f . � � . �o �r R Y • P !W II ' LK Curve number 1 Radius= 160.00 Delfa= 18'40'04" Arc= 52. 13 Tongenf= 26.30 • ,• coNC � Chord= 51.90 ►0�.16' (R) � ~ n.0 !V�' R r� n � � � w -1a LOT 154 �` � 0 w 0 rn � � 5' �""�— � � � I• ' O • CQNC � Y OR/VE . . .' . c � � , ., . , �� ��� � Cho�d Brg. N. 1126 16 W. z LOT 153 `�; � �. `: W D£CORArNF � Na � WAlL � � � ���R£o ` ` —' LOT l52 /w,�cK 1 �,�,•_ o � _ . 'W 4 Is�' � 5' FASfMENT � ^ P£R PLAT CVrye number 2 �� � �, Radius= 2so.00 ONE STORY '� �'� Delto= 16'09'2 l" MASONRY RES/DENCE #2445 H �• "' " SCR£EN ;� fNCLOS£O PORCH s�i �. � �, p C7£ BOX � rwo n d ;, "'° '�`' " o r (ra J) p �A� � 4 6' CL� LOT l 6� PER pUT ENr �,(NE A S. 00'32'36"E. 13. 61 ' (R&M) FICE LOCATION: I305 SOUTH HIGHLANp AVE. CLfNtWATfR, FLORIM J�6I6 SURVfY NOT VALIO UNLESS £MBOSSED WfTH SURVEYORS SEAL. PREPARED FOR AND CERTtFIED T0: KENNE7hf A. 6c PATfI A. JAC08S FID£LI7Y NATfONAL TIrLE fNSURAIJCE C0. CROSSIAND MORTGAC£ CORP. r�"� . ` CONC � DfCK� 4 . � r t<� Arc= 73.31 Tangent= .36.90 eN � �. „ Chord= T3.Q7 Chord B�g. N, 08".37' 16"W. � ' \� 6' W000 \ FfNCE POOL 4 no r/i' w � � -- � • � � Q a •_�—"�`�! ei cor �sa LOT 167 TARGE? LAND SURVEYING. INC. P,O. BOX 663 DUNEDlN, FL 34697-0663 PN:(813) 784-0573 1 hereby cr.rfily thvt this survey wos made under my respons�D�e chorge und meefs the m�nimum rechnicof Stondords oa set �o�' by tne Fb��da EloQid ol Pro/essionol Lond Survcyors in Chov�e' 6J C I7, f-foiido �dm+nist�otive Code, pursuant to Sect�on �72.02� Florido �fofut�s ��.3.eL ^s��-: �' '� Field Survay 7-31-95 hrlip C. Stock, RLS 3035 � ����.�� FBy ?55-A Pg 39 DAT�' OF CCRTIf�CAT,'pN Job� 950721, ) 6 I ;. ;■ � i Floric�a P'ower C O H P 0 R A T 1 O N September 19, 1995 Michele Williams Fidelity National Tide 2560 Enterprise Road, Suite B Cleaiwater, FL 34619 RE: Petidon to Vacate Portion of Utility Easement 2445 Timbercresi Cir. E. (see attached copy of petition received by FPC 8/23/95 for property description) Dear Ms. Williams, �' v � c�b.�. '°� Florida Power Corporation has no objection to the petidon to vaca.te that portion which is being encroached by pool for the ab�ove mentioned paroperty. If you have any questions, please contact my office at 562-5651. Sincerely, FLO A PO'WER CORPORATION , V � � ' Kerry T. Conversano Distribution Engineering KTC/jod CLEARWATER ENGINEERING OFFiCE: 21 ee Palmetto Street Clearwater, Florida 3462b (813? 682-6868 A F/orida Progress Compan y � 0 GTE Telephone Operations Fl.CW50G0 621 Ta; pon Avenue East Tarpon Springs, FL 34c39 8131'9�2 -5900 813i9Q2-5905 August 25, 1995 Ms. Michele Williams 2560 Enterprise Road Suite B Clearwater, FL 34619 RF: £NCROACHMENT INTO EASEMENT AT: 2445 TIMBERCREST CIR. E. Dear Ms. Williams_ GTE Florida has no objections to the encroachment into the easement at 2445 Timbercrest Cir. East. If you need further assistance, pLease call Ralph Wilson at 813/942-5927 in Tarpon Springs. Sincerely �'� 1� . Gar R: Jeu � Y P Engineering Supervisor GRJ:llh 0 A part of GTE Cor;:cration Ticra Warryer �r�ta�tainnxx�-,�dvanc�/��cwhousc . 2530 'Drew Str�cct CloarHratcr, �arida 34b25 C8�3a 797-18t8 DATE: Aug . 24 , 1995 FIDELITY NA�IONAL TITLE 25�,Q Enterpzise Rd., Suite B Clearwater . FL �,4619 RE:,,�er-s ;�„ to Vacate - 2445 Timbercrest Cir. E, : 3' of the S' easement along the north property line & 8' of the 10' easenient along the east property line. 0@8� t�i� . Williams : Xf'�X Has n� conflict with your proposed: Xf�X Vacation of EasemenURlght-Of-Way � Plat � Construction � Maintains facilities within the area of the proposed vacatlon of easemenU right-of way. One of the fotlowing conditions must be met prior to the r�elease oi` a "no conftic�" letter: A. The owner/dsve{oper must reimburse Time Warner Entertainm�nt- Advance/Newhouse for all costs incurred by relocation oi our facilities. B. A utility ea5ement must be platted to encompass existtng facilities. Thank you for your time and consideration. If you have any que��ions, piease co�ia� me at 797-1818, Ext. 5 09 , ' Sincerety� TIME WA�NER ENTERT'AINMENT ADVANCE/NEWHOUSE � Jay Young - Fie1d Engineer � EA «� : �, � . - � • i�' � t_ � ��`� �---- � �"� CLEARWATER CITY COMMISSION �i � Agenda Cover Memorandum SUHJECT: Vacation Request 95-17 (MEDEC) item # Meet ing Date 1/04/96 _�/ RECOMI+�ENDATION/MOTION: Approve the applicants' request to vacate Bryar�t Street lying 38 feet Westerly of Lat 22 and Cross Lane lying Southerly of Bryant Street all lying in Oak Haven Subdivisian subj�ct to existing utilities being relocated, a truck turn around being constructed at the applicants' expense, new drainage, utility and ingress & egress easements being provided as approved by the City Engineer and direct the City Attorney to prepare a Vacation Ordinance for the next Commission Meeting. BACRGROUND: The applicant is requesting to vacate the full East/West Right-of-Way of Bryant Street (formerly Bryan Avenue) lying 38 feet Westerly of Lot 22, as shown i�n the Plat of "Oak Haven" , as recorded in Plat Book 11, Page 41. of the official records of Pinellas County, and vacate the full North/South Right-of-Way of Cross Lane lying Southerly of said Bryant Street. The applicant is proposing to use the Rights-of-Way along with adjacent properties to construct a warehouse and parking lot. These Rights-of-Way are paved and being used for vehicular traffic. The City has existing water and natural gas lines within these Rights-of-Way and could utilize the Rights-of-Way for construction of a sanitary sewer main extension in the future to serve the residential neighborhood to the East. Florida Power and General Telephone have existing facilities in the Rights-of-Way. There is also a private fvrce main in the Bryant Street Right-of-Way that serves the Peppermill. Restaurant. Florida Power and GTE have reviewed this request and have no objections provided their existing facilities are relocated at the applicants' expense and new easements are provided over their relocated facilities. Time Warner Cable has no objections. This petition has been reviewed by various City departments/divisions concerned with vacation requests. Engineering Services has no objection to the v�acation request p�ovided the water and natural gas mains are relocated a� the appl icants' ; Revic�+ed by_ � Legal N/A i ; Budget N/A ; Purchasing N/A � � Risk Mgmt. N/A � IS N/A � � ACM C� ` ENG. � � i � ,. i OTHER� N/A _ � . � �� �, � Submitted by: __ �� `�-,� ���� City Manage�/J ! (� VACBGt7.AGN � Originating D " i , �� � Engineering (� � f . i , iUser Dept. i j Advcrtised= Date: 121Z1 & 12/28/95 Paper: Tompa Tribune Not required _ ' � Affected parties = notified X , � i Not rcquired ; Costs- N A (Current FY) continued: Cartnission Action Approved Funding Source: = Approved ; , w/conditions ', Capt. Imp. � i ; Denied ; Operating ' ; ; Cont'd to ; Other I � i i Appropriation Code(s) � Att�chments: ; N/A � Apptication ; i Location Sketch i �.'�� � .. . � Page 2 continued: Agenda Itern Re: Vacation Request 95-17 (MEDEC) expense, a 10 foot utility easement is provided over their new location, the private force main and FPC and GTE facilities are relocated at the applicants' expense with private easements being dedicated, an easement is provided for a future sanitary sewer extension, the applicant construct a cul-de-sac or hammerhead turnarour�d at the west end of Bryant Street in conformance to City Specifications and dedicate necessary Right-of-Way to encumber improvements. The Fire Department is requiring an existing fire hydrant to be relocated to the Northwest corner of Bryant Street and Myrtle Avenue. Ather City departrnents have no objection. The vacation of Bryant Street and Cross Lane went before the City Commission July 16, 1981 and passed unanimously with similar conditions. However, the former property owners failed to dedicate the required easements to satisfy the conditions of approval and the subject Rights-of-Way were not vacated. The City Engineer has reviewed the comments submitted by the reviewing Departments and recommends this reques�L-. be approved subject to the conditions of Engineering Services. Q w � r� W V Li� � Vacation Number �5-17 "MEDEC" D�A C A� I O N R E 4 O E 8� � R O C E 8 8 I N a 8 H$� T PLF�►S� REVIEW THIS VACATrON IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR �OMMENTS BELOW: REFERENCE ATLAS SHEET NO 313BLJ-? SECTION 21 TOWNSHIP 298 RANGE 15E 1. ENGINEERING SER ICES: • REVIEWED BY: � APPROVED BY:�����' DATE: �� �'�'9S� � � N a 0 � �� � 3 � � CONIIriENTS: The applicant is requesting the cat' of the full East/West Right-of-Way of Bryant Street ( e y Bryan Avenue) lyf ng � 8 f eet Wester ly of Lot 2 2, as shown in the Plat of Oak Haven as recorded in Book 11, Page 41 of the records of Pinellas County, and the vacation of the full North/South Right-of-Way of Cross Lane lying Southerly of Bryant Street. The applicant is proposing to use the Right-of-Way along with adjacent property to construct a warehouse and parking lot. The Right-of-Way is paved and being used for vehicular traffic. The City has existinq water and natural gas mains within this Right-of-Way and may have to use the corridor for the construction of a future sanitary sewer main to sezve the residential neighborhood to the east. The Engin�ering Division has no objection to the vacation provided the water and natural gas mains are relocated at the owners expense, a 10 foot utility easement is provided over their new location and an easement is provided for the future sanitary sewer extension. Also, the applicant will be required to const�ruct a cul-de-sac or hammerhead turnaround at the west end of Bryant in conformance to City Specifications and dedicate necessary Right-of-Way to encumber the improvements. Florida Power has no objection pravided their.facilities are relocated and a private easement is provided over their relocated facilities. G. T. E. and Time �Warner have no obj ection. �. . 2 . TRANSPORTATION GROUP��.`:.�"' 1.�4� � REVIEWED BY: ' . DATE: tt �5�� COMMENTS s '� �. �►b �� � .O•W. Xi Ot, �.�.`'�.�'�. � o P � �� . Q�.�. �¢.� �� � C� Q��a ��„� ��e ��o _ C�. V�.c.a.t�-� �. �.d� '�a�, A c�t wa� � e''t�.c� �o-h p o'tMa't �'k�t L� 8a� d� . Vac,�Q. �t. e�A. w.��++�,rv�,a..c.� a.o ah.� Q.�,�� .� V 4.cro� t b„ , T�c �t. � �ho.a,�'''td►�.�• �na,a.d,o 1� �¢ -t � ¢�►� . . . � ���� �� � � �.i.• --�1,I1r1�10,_ , � 3. C ATTRA PERMITZ�ING DEPARTMENT: 1 REVIEWED BY : ST�yF ,j,b�� APPROVED BY : TE :!(��/��,� COMMENTS: � Ct�.�crz�c. P�rz� � r�t i� c. f, sr•azt �vt�r-n�rt- �a c IV � C�3'.,(��'� Td 1N � c �/aca�►.,-,ca�..� �c c�v�--s�--. 4. SOLID WASTE DEPA.RTMENT: REVIEWED BY: COMMENTS: �V�f�l� �..>>�� CD'�+�w..�'�S VV1c� � e w�JG v e �h�j1��°rVLvt,� by SP�vicc�� APPROVED BY: V DATE: /��o�� �'__ Vacation Number 95-17 "MEDEC" 5 . GAS DEPARTMEN,,T� • }� REVIEWED► BY: �.��� APPROVED BY : DATE: !�lSO jc�S COMMENTS: �1e�rrw�r �s S ys�� has no o,���c�-roHs �"v �h e vact�'o/�, P�v,�deo� Tlze gas �rk►��s �� /�Icca�cr�- �e own ars e�perise Q�?d a vr�-; �i �j. e���e,�t- �s �r'o�<c/� 6. FIRE DEPARTMENT: REVIEWED HY: �,(9�,��,tL��,�}��ROVED COMMIENTS : J, �, VAt-q F►Qr �va�T �-r �� a c �,�e�r� . -� � �.� 40�� � �t,.t,�• BY : G��� �'j DATE �C 0 i'� , H�, �n�� ��-oJ � F BQ.,�.r �T COQ.�t-� �c. � �Ue,�+��r- � ►� EZ.T�� iav� . �o �, a.-T�t �ti o ��--r toat.�, 7. POLICE DEPARTMENT: REVIEWED AND APPR�VED BY: CO ENTS: � . �` � �� �� 8. CITY ENGINEER: REVIEWED AND APPROVED BY: COI�iEA3'PS : � ,, , � � � ��J � � DATE : J //�S� � �. DATE: � , �2�s�� f _ ec ti • � �,,�.�,.�,,�,�- `�..`.`� � _.._ � �, _______________________�________________ ______ ______________ ADVERTISING DATE: 1212 �95 AND 12 j28.f 95 PUBLIC HEARING DATE: OljO�/96 COi�IMMISSION ACTION: ----APPROVED----CONTINUED----TABLED----DEIdIED---- ORDINANCE NO. DATE OF ADOPTION RECaRDED IN O. R. BOOK: PAGE: LETTER TO PRQPERTY 4WN�ER ADVISING COMPI,ETION OF VACATION VACATI4N CARD FILE: REVISED 02/95 VACPROC.DDM V 71 C_r T I O N_`R E��U E 8 T F I L Z N G F O R M �. N1�MF. • F�DI;C, a Florida General Pactnersllip p���NE : 446-3091 nt�i�ttF��: c/o Crowii � Co., CPA, 1219 S. Franklin Circle, Clearwater, FL 34616 2. � 111.121;13Y I'E'I`1'1'lUt1 '1'ill: tr'.!'I'Y t'OMMI S't.IUN Uf� 7'ili: C1'1'Y UI� CL[�)\I2W11'!'f*.it 1�OIt '!'ill: V1ICATION C�F TftE FOLLOWIr�G: C� EASEMENT TYPE: � ALLEY �---""--J RIGiiT-OF-WAY 0 OTHER: LEGAL DESCRIPTION OF PROPERTY TO BE VACATED: That portion of Bryan Avenue lying 38 feet Westerly of Lot 22, as shown in the Plat of "Oak Haven" as recorded in Book 11, Page 41 of the records of Pinellas County, and cross lane Southerly of Bryan Avenue to the Easterly right-of-way of South Fort Harrison Avenve, lying Westerly of Lots 14 and 15 in said "Oak Haven" in the Sot�th 1/2 af Section 21, Township 29 South, Range 15 East Pinellas County. 3. STREET ADDRF,�� ofZ SIMF�L,E 1,oCl�TIUN : Simple location: an un-improved 40 foot R.O.W. Street parallel to and Northerly of Belleair Road, Wes�erly of 630 Bryan Avenue a distance of 320 feet and the un-improved 35 foot R.O.W. Stree� from Bryan Avenue SQUtherly to Fort Iiarrison, a disCance of 128'feet, more or less. 4. PROPOSEU USE OF V11C71TED FROPERTY: [Jaretiouse, parking and landscaping 5. ZONING ON ADJOINING PROPERTY: All CG except Rm-8 on Parcel 21/29/15/�0000/ 440/2800 at 633 Bryan Avenue, just East of the proposed vacation on the North side of Bry. anT Avenue . � ' ATTACHMF► - r s : _______ 1 AND SURV�EY OF PROPERTY IS REQUIRED IF THIS VACATIAI� ZN'VOLVE� �XISTING ENCROACHMENT � . � DRA.WING SHOWING PROPOSED USE OF VACATED PROPERTY `r' (SURVEY, PLOT PLAN, ETC.) . JiC SEE RESOLUTION 82-3 (ATTACHED) ATTACHED LETTERS OF NO OBJECTION FROM: X FLORIDA POWER CORPORATION Jt GENER.AL TELEPHONE COMPANY X VISION CABLE � � (?TH ER 7. SIGNATURE OF THE OWNER QF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED TO BE VACATED: (APPLICANT) �, STATE OF FLORIDA) � - COUNTY OF PINELLAS) ���� The foregoing instrument was acknowledged before me this CC�.� o� •�� ��� �4-S by �--�e. e_. �.Jc�� k: � s � Tr. M.1�.. . , who is personally known to me or who has produced as identification and�who did (did not) take an oath. 0 t. S�' � • _�, ;��,,,� Notary Public, Commission No. �C. ►� �"1 3.�� (Name of Notary typed, printed or stampeci) • E1fZA8ETH L OLIVER � ' MY ��O�on CC4?�32a � '�' E�� t7�o. 1 e, t gp8 . ' �� a«+d�d e� Hai � eoo-�•�ss6 ENG. 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N 3 ��' 2 O� ' � 14� 3 i I 1! 10 � i 8 T 6� Si , � m l ' ' � 4 ' IG1 a �LP i 100 � SO � � 100 60 � H.s ��.� '` nsa 2ie.e � i ��` 3__ ____----- `---- �1 0 0 0 � � � � � � � � O ... 0 v N � N �'j ��--2�j— j 5 % . r � J �Qj,E: This is �ot a surveyi so�. z�--�-�s VACSIS-17.�q RwtS t t /30/DS � ,�� ,�` p'. ��, >. .. Y %i: r � �C� •: 3-:- �: � .+- �' . � �� � �a� 0 '� r, �.��,� ,�;; . , c, � � � � • ' � r ��I, �, �_ � �' � Cleaiwater City Cornmiz�ion �'� � Agenda Cover Memorandum (te� � Meeting Date: .�G SUBJECT: Petition for Annexation, Future Land Use Pian Arnendrnent, and Zoning Atlas Arnendment for 2030 Calumet Street; Owner: Douglas R. Birch, Trustee (A 95-26 & LUP 95-32) RECOM MEN DATI ON/itll OTI ON : Approve the Petition for Annexation, Future Land Use Pian Arnendment to industrial Limited, Zoning Atlas Amendment to Limited Industriai (IL1 for the South 235 feet of the East 153 feet of the West 318.88 fe�t of Lot 9, Clearwater Industria! Park, and pass Ordinances No. 5950-95, 5951-95 and 5952- 95 on first reading. ❑ and that the appropriate officials be authorized to execute same. S Y OF T'I� REQUEST: PROF'O�ED ZONIIVG AND FIJI'URE LAND USE PROPOSED ZONING DISTRICT Limited Industrial tIL) PROPOSED FUTURE LAND USE Industrial Limited CLASSIFICATION REASON FOR REQUEST � Sewer Service o Sanitation Service o Other ASSESSED VALUE OF Sl1BJECT PROPERTY S 268,000.00 Reviewed by: Originating Dept: Costs: S N/A Caa�ission Action: Legal N/A CENTRAL P TING Total O Approved Budget N/A 0 Approved w/conditions Purchasing N/A $ ❑ Denied Risk Mgmt. N/A User Dept- Current Fiscal Yr. CIS N A � ❑ Continued to: ACM '.t.�.U' Ftnding Source: Other N/A ❑ Capital tmp. Advertised: � Operating Attach�aents; Date• 11/21/95 & 11/30/95 0 Other ORDINANCES N0. 5950-95, 5951- C�� Paper: TAMPA TRIBUNE I,OCATION2MAP � , ❑ Not Required APPLICATION Sulx�itted by: Affected Parties /�propriation Cade: - � � Notified ❑ None City age � Not Required �� Printed on recycled paper A 95-26 & LUP 95-32 Page 2 ExISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUI�DiNG PROPERTIES LOCATION IN ClTY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County lndustrial Limited M-I Office/Warehouse Property North City Industrial Limited IL Vacant property South City Industrial Lirnited IL Sunnydale Boulevard (Road1 East County Industriai Limited M-1 Lawn Service West City lndustrial Lirnited IL United Parcel Service ZONING RESTRICTIONS The Planning and Zoning Board held a public hearing on this application on December 5, 1995, after which they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Industrial Limited, and Zoning Atlas Amendment to Lirnited Industrial (IL) to the City Commission. OTHER REQUIRED REVI EWS AG ENCY YES NO Pineflas Planning Councif/Countywide Planning Authority X Florida Department of Cornrnunity Affairs X ABBREVIATIONS: IL Limited lndustrial (City) M-I Light Manufacturing & Industry (County) u.p.a Residential units per acre a9526.cc pF.TITIOl7 FOR TNiaF.X11T20N . Ci�y CON�SR�S+'io�� City of Clearwat�r �'.O. Box 474E3 Cl�arwater, Floricl� Comrn{ se ivti�zs: we, the undersiq►ied, bei�ig all awner� of the described re�l property, rontiquous to the pres�»t boun�lar.iee� of �he City oC C]carwater, ai�d s�tuaked i.n an unincorporated �zea of T�inellas County, Florid�, do hereby requFSt tha� G�i_d pr.�perty be �i�ii�x�c.i i��to the corpor�te l.im3.tG of the City of Cl��r,water, Florida. We hereby f�;rkher req��est th1� sai.d propezty be zonnc.l atid classified under the 7,oni.ng ordinance of thp City of: Clearwa�er, Ts set T.or_l•h on L-he Lollowirtg p�ge. l��tached hereto is a curr.ent survey of tl3e described property, (if it is unplatted), together with a cer.tificahe o[ �i�te from a ti�le company, a copy of lhe deed vr a le�ter from a licensed attor.►�ey se�.tiiig forth the names oE al.l persoris, firms ar corpor�tions owi�ii�g �»y intArest in the CjP_CCZ1bP_Cj prv�nrty. The w�dersigned have been advised of, uc-iderskancl and in consider�tion of anriexa�ion, utili�y services, and ott�er good anci V7�U�Fa1P_ con�idezation, do herpby agree and cavenattit as to.l.low�:: 1, all structures and improvemerzts wliich �re erected upon said property subsequent to the date of thzs pet.ition for annexation shall comply with all applic�ble C.ity oL- Clearwater regulations and ordinances as set forth in the City Code of Orditiances; ., 2. to convey such recreal-ion land, recreation facilities and open space land dedicah.ion and/or. fees in the amount �nd manner prescribed by Divis.ion 2 and 3, Chap�er 116, Articl.e IV of the ,' Clearwater Code of Ordinances; and 3. wiien any subs�andard aUutting stree� or utili�ies are subseque►itly upgr�deci by the City to m�et City Star�dards, said improvement will be done on an assessment basis, consisten� wit_h City �+rocedures theref:ore. We, the u��dersiryner3 hereby c�r�ify �hat we have. re�d and examined all of tTie 5t:f1t.P_fiP{ltS �i�d all.egat.ions in the foregoing Fetition includinq at'tachments and after bei»g duly sworn, deposed and say th�t such stal-emen�s are cor.r�ct�, compl.eL-e �nd tru� and volu►itar.ily m�d� with fuli know]�edye t.lier. eof . 1 � � �� �•<C�s� ) � nOUGt,AS R. C�IRCfi, TRUSTGE STATE OF 1'LORIUI� ) CaUNTY OF FINELLAS ) Subsczibed and sworr� to before me �h.is �_�day of p�tQ��_ , 1995 . M}• Commissi.on F.Nhxrc��: JUDY GEE iiARVEY Noduy PubAC, 541� uf Fbrida My Conxn. s�r et Ju 9,1999 No, CC A7831� Borded l)ru OIt41e1 .�.� ,Y,rbi,� �• eoo �2�o�ri _ � LC�-�: �-L`-�� t� -arY t7 dy Lee iiarvey ORDINANCE N0. 5950-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF SUNNYDALE BOULEVARD, CONSISTING OF TNE SOUTH 235 FEET OF THE EAST 153 FEET OF TNE WES7 318.88 FEET OF LOT 9, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2030 CALUMET STREET. INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property inta the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section l. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordin�ly: See Exhibit B attached. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Gommission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Centr�l Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of �he Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. � PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: ame a . �n City Attorney R�ta arvey Mayor-Commissioner Attest: ynt ia . ou eau City Clerk (lr�1 i i,.In� c� Nr� �,�i:,U �)(� � ORDINANCE N0. 5951-95 AN OR� I NANCE OF Tf-I[: C I TY 0� l:L E�RI�'ATE R. F�LO`l 1 DA , AMENDING THE FUTURE LAND USF PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF SUNNYDALE BOULEVARD, CONSISTING OF THE SOUTH 235 FEET OF THE EAST 153 FEET OF THE WEST 318.88 FEET OF LOT 9, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE AODRESS IS 2030 CALUMET STREET. AS INDUSTRIAL LIMITED; PROVIDING l�N EFFECTIVE DATE. WHEREAS, the amendment to the future land ��se plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriatP, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: � Section l. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by desigr�ating tfie land use category for the hereinafter described property as follows: Propertv See Exhibit A attached. (LUP95-26) Land Use Cate�orv Industrial Limited Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of ardinance No. 5950-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal ufficiency: � ame a . �n City Attorney �ta arvey Mayor-Comrnissioner Attest: ynt ia ou eau City Clerk Or•d � nr�ncc� No. 5�)61 • �)5 �►� ►.:► ► � • ' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATIAS OF THE CITY BY ZONiNG CERTAtN REAL PROPERTY LOCATED SOUTH OF SUNNYDALE BOULEVARD, CONSISTING OF THE SOUTH 235 FEET OF THE EAST 153 FEET OF THE WEST 318.88 FEET OF L4T 9, CLEARWATER INDUSiRIAL PARK, WNOSE POST OFFlCE ADDRESS IS 2030 CALUMET STREET, UP4N ANNF�(ATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED (!L); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefnre, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �140��., The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is arnended, as follows: ' • � - 1� See Exhibit A attached. (A95-26) �t t! � 1 Lirnited Industriaf (IL) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregaing arnendrnent. ,�ection 3. This ordinance shal{ take effect irnrnediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5950-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and Attest; legal ufficiency: Pamela K. Akin Cynthia E. Goudeau City Attomey City Clerk � LEGAL DE3CRIPTION . The South 235.0 feeti of the Eaet 153.0 feet of the West 316.88 cf Lot 9, Clearwater Induetrial Park, according to the map or plat thereof as recorded in Plat Book 44, Page 46, public records of Pinellas County, Floridn. EXHIHIT A 0 Ordi�ance No. 5952--95 � m ,»,,,,,+..n.�.,,,, . ..p: , 1 :�� _ '—'r�--- r..} 4�� •7t�� . .�tt; �,,-;tiF ��;:yi,,S t ;;.�:;•: ,� •�! �•i,� �4 • ♦ •).��Y i:i:; 1'�, r i.' r �, :!• ��+ `.y t ���`i +=t ar•,i�� ,�iil� i'y,�,.1C� � •+,.��•{.: �• � • f.� � Y � � � (jr.•. i���j� �� -�,• i fL' �.."�� ��.:,►�!'1 ,1�r� ��� �� � ��� ,, � , rs �� ���1 � ,- , ,.�._�a.,�Ck, i ':' :' ,� ,. ,r � � . 1•-, . � �jr � 1 � . � . 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LAND USE PLAN ZONING. COUNTY: Industrial Limited IL CITY; Industrial Limited {L ACRES: 0.825 RtGHT-of-WAY: ACRES: ATLl�S PAGE: 2628 . � SEC: 10 T1NP: 29 S RGE: 15 E . �. .:,. . . . . . : . . . . .. :. ; .... :..,. . ... .. . ., ..,.. . . .: .;. <�: .:: �:� ;;:: � :�:: � ::.. :. . ::::.:..<�.: ..,: �.:;.:;:::: t<,:: <:;>:.::;>.<.:::�.;�,;;:;::::;::.::: ;:: : <:;..::::.> , : . . . ... : . ;.,PL�4NNING AIVD.ZONING BOA�tb �:: . :. . .:. ; �. ;;:._.;' . .: . C(?Y CI�MIVI,��SlON . .. . � g. -, '�7, 1 �4�. �' � .t ��� �� �.� f L�:. � FROM: SUBJECT: COPIES: DATE: /� CITY OF CLEARWATER interdepsrtment Corrsspondeaca �$etty� Deptula, City Manager Scott Shuford, Central Permitting Director �� Commission Followup - Land Use for Case No. A 95-26 Kathy=�Rice; Deputgr °City Manager $il.�: Baker.,: Assiscaat�City..=Manager �yndie Goudeau, City Clerk January 2, 1996 �������l�� �� i�i s y � 79�� �.,� �-� iv��r�,�G�T� The Commission requested information conceming the use of the property for Annexation Case No. A 95 26 (2030 Calumet Street). The property is currently being leased by two office/warehouse companies, Affordable Design and Florida Graphics Supply. Should you have questions or comments, please contact me. SS/db -i1r A9526.53 �..�3 jt� � �ir � -� � • Meeting Date: :� � � , (� CiCaiWltel C1tjT CORLm1t.�0I1 - = Agenda Cover Memorandum I.��,C��, .,....,. SUBJECT. P�tition for Annexation, Future Land Use Plan Arnendment, and Zoning Atlas A.mendment for 1622 Sherwood Street; Owner: Rebecca L. Hutto �A 95-27 & LUP 95-33) RECOMMENDATIONIIIIIUTION: Approve the Pei�ition for Annexation, Future Land Use Pian Amendment to Residential Low� Zoning Atias Amendment to Singl:-Family Residential "Eight" (RS-8) for Lot 6, Block 16, I-iighland Pines 3rd. Addition, and pass Ordinances No. ��F3-95, 5954-95 and 5955-95 on first reading. ❑ and that the app�apriate officials be authorized to execute same. S Y OF T�LE REQUEST: PROPOSE� ZONIIVG AND FUiURE L,A�ID �SE PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) PROPOSED FUTURE LAND USE Residential Law CLASSIFlCATION REASON Ft�R REQUES�' o Sewer Service o Sanitation Service t� Other: r,�pli�ant v�►�ishes to annex to be a part of the City. Sewer service and water a�E �iready provided by the City. ASSESS�D VALUE OF S�1�.����° �'�fi:����;�`���' $ 48,100. 00 Rrviei+ed by: Originating Deptr Costs: S_N/A Co�sission Actian: legal N/A CEHTRAL ��IHG Total ❑ Approved Budget N/A ❑ Approved W/conditions Purchasing N/A S Risk Mgmt. N/A Current Fiscal Yr. � Denied CIS N A �er Dept: C1 Continued to; ACM . 4 FandirLq Sources Other N/A [] Capital Imp. Jklvertised: � �pereting Attechmeynts: �ate: 11/21/95 8 11/30/95 0 Other ORDINANCES N0. 5953-95, 5954- (� Paper: TAMPA TRIBUNE 95 & 5955-45 ❑ tiot Required LOCATiON MAP Sttysitted 6y: Affected P�rXies APPLICATION ���� � ��lotified APP�'oP�'ietion Code: City eger 0 Not Required 0 None srs �'i«1 Printe d on recycted paper A 95-27 & LUP 95-33 Page 2 ExISTING ZONING AND FUTURE LAND USE OF APPLICANT'S A1VD SURROUNDlNG PROPERiIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject County Residential Low R-3 Singie-family residentiai Property North County Residential Low R-3 Singie-family residentia! South City Residential Urban RS-8 Single-family residential East City Residential Urban RS-8 Single-family residential West County Residential Low R-3 Singfe-family residentia� Z4NING RESTRICTIONS The Planning and Zoning Board held a public hearing on this application on Decernber 5, 1995, after which they unanimously endorsed the proposed An�exation, Future Land Use Plan Arnendment to Residential L�w, and Zoning Atlas Amendrnentto Singie-Farnily Residential "Eight" (RS-8) to the City Commission. OTHER RE�UIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 Single-Family Residential (Counfiy) RS-6 Single-Family Residential "Six" (City1 RS-8 Single-Family Residential "Eight" (City) u.p.a Residential units per acre a9527.cc PF.TITION FOR TN1�FXl�TION' City Commissloti City of Clearw�t;nr. p.o. nox 474(� �3earwat•±r, f'l�r. i.d�-+ C�mmi._^.�:{oiiers: We, hhe ��ndc�r.�igned, being all owner�: of the descrzbed rea] �+roFnrty , conh iquo�ic ho th� presen� boti�ndaries of th� C.ity oF Clearwater, ai�d �itu<�f�d in �n utiincar�or.ated are� o[ Fit�ellaG County, Flor.ida, do hpreby req�i�sr thaL• �;�.id property be a►itiex�d into t�he cor.�orah� li.mi.ts �f th� City of Cl��r.wat�r, Floridz. we hereby further rpquest thar sai.d �roperty be zoried and classi.fied u:idez the Zoni,ng Or.�li.nance oP the Ci�y of Clearw�tez, as se� fortt� on the following page. Atlached hereto is a currenk �aurvey a£ th� descri.bed property, (if it is unplatted), tagp�hex with a certlficate of ti�le from a Ci�le company, a copy of t�►�e deed or � letter Lrom a l.i.censed aL-t�rney se�ting tarth the names of. a11 �,erson>, �i.r.ms or corp�rations owning a��y i.l�tereGt. in t.he describ�d �r.a�hrty. The u►�dersigned have heeti advised of, �a►ic3erst�t�d and in consider3Eion af ann�xali.oi�, �tilit�y sArvices, and oth�r good �rid v�lvabl� cc�nsi.der.�tic�n, do t�ereby agree anc9 coven�nl: ar fol.lows: 1, all struct�ires a�id improvemenL-s which are erecred upon said property sub�eqtten� to the date. of this petition for. anriexation chall co►nply with all �pplic�bJ.e City of Clearwater regulatfot�s �nd ordin�nces as set fortli in th� City Code oP Ord�.nances; 7. to convey such zecreation lartid, recreatxon faca.la.ties and open s��zce ].a►�d dedication andJor. �ees in t.he amoun� �nd manner prescr�beci by pivis.ion 2 and :I, Chap�ez 116, Article Iv of the C.1F�rwater Code of Ordinances; >»d 3. wh�n any subsE�ndard abutting streeh. or utilit9.es are subseqi�entl.y �apqr.aded by the City to meet� City Standards, said improvement will be done on an assessment basis, corisistPnt with City procedures tlieref.ore. WP, the undersi.qned hereby a�rtify that we have re�d at�d examined al�. of ttie slate.ments znd a],1eg:�tivns in tihe foregoiTig Pet.i�ion including a�tachments and af:ter being duly sworn, deposed and say that suctt st�tements are cor.rect, comple.ra and hr.�iP a►�d volu��tar.ily made wi�h Lull. knowledqe thereof. � ��r....�..il/1����w�f�!iii STATE OF FLaRIUA � FL DL. �#`� N--3oo7 20 �Z� �S�t p c(oL, !Z(19 f� cour��rY oF Fzt��:z,z,ns > ����ecll f{U r1a Subscrzbed at�d swor�ti to b�Lorn me tt11S �Z�F�iy o[ OC%7.�� , 199 �. � t1y Commi.ssiosi rxpir.F�: @�a��.y���==- td o t a r ~~ �� ROBERTA L. CLUSKI Nolary Pubik, 5teh of FbriO� My Comm. ezpke� t. Q4. �949 No. CG50 20 — Bendtd TtvV q(kial�1�r�,f,fiin 1 • 800 7230121 •i�►:► ►• • � AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAI PROPERTY LOCATED WEST OF LYNN AVENUE, CONSISTING OF LOT 6, BLOCK 16, HIGHl�4ND PINES, 3RD ADDITION, WHOSE POST OFFICE ADDRESS IS 1622 SHERWOOD STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 6, Block 16, Third Add�tion to Highland Pines Subdivision, according to the plat thereof, recorded in Plat Book 32. Page 71, public records of Pinellas County, Florida, together with the abutting right-of-way of Ridge Avenue. (A95-27) Section 2. The provisions of this ordinance are found and deterrnined to be consistent with the City of Clearwater Comprehensive Plan. The City Cornmission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Glerk and the Central Perrnitting Direc�or are directed to include and show the praperty described herein upon the official maps and records of the Ciiy. Section 3. This ordinance shall take effect irnmediately upon adoption. The City Clerk shall flle certified copies of this ordinance, including the rnap attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin, City Attomey Attest: Rita Garvey, Mayor-Commissi�ner Cynthia E. Goudeau, City Clerk Ordinance 5953-95 1:1 \:\ \1 , , � AN ORDINANCE OF THE CITY OF CLEARVdATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PRaPERTY LOCATED WEST OF LYNN AVENUE, CONSISTING OF LOT 6, BLOCK 16, HIGHLAND PINES, 3RD ADDITION, W�-iOSE POST OFFICE ADDRESS IS 1622 SHERWOOD STREET, AS R.ESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the futwe land use plan elernent of the cornprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section l. The future land use plan element of the cornprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: ' •�'1l� Lot 6, Block 16, Third Addition to Highland Pines Subdivisiqn, according to the plat thereof, recorded in Plat Book 32, Page 71, public records of Pinellas County, FL, together with the abutting right-of-way of Ridge Avenue. (LUP 95-33) � . �1 �. '� 1.� Residential Low Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5953-95. PASSED ON FIRST READING PASSED 4N SECOND AND FINAL READING AND ADOP'I�D Approved as to form and legal ciency: Pamela . Akin, City Ati:�mey Rita Garvey, Mayor-Commissioner Mayor-Cornmissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 5954-95 C�T:���T�►:,��L�� • . • .. • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF LYNN AVENUE, CONSISTING OF LOT 6, BLOCK 16, HIGHLAND PINES, 3RD ADDiTION, WHOSE POST OFFICE ADDRESS IS 1622 SHERWOOD STREET, UPON ANNE?�TION tNT'O THE CITY OF CLEARWATEF�, AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonabie, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDA4NED BY THE CITY COMMISS{C�N OF THE C{TY OF CLEARWATER, FLORIDA: Section 1. The following described property Iocated in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: � � •�'t� Lot 6, Block 16, Third Addition to Highland Pines Subdivision, according to the plat thereof, recorded in Plat Book 32, Page 71 � public records of Pinellas County, FL, together with abutting right-of-way of Ridge Avenue. (A95-27) �l 1! � I�i Siingie-Family Residential 8 (RS-8) �ction 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Sectir�� 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 5953-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and Attest: legal s fficiency: � Parnela K. Akin, City Attorney Cynthia E. Goudeau , City Clerk Ordinnnc� No. 5955-95 ,vu .. . . ,��.i �� :.�-.. . : � �sc� �.ti`� �`� �����: �ti�t �•-r,_, a,.�••-,rt•r: ��Y�:��.I•,� ,�r �• � �, j.rl �'�. �� � :�;,�S�;t��r` r� ;N.:ar!"q jr ;: �? �,� :�..� ,�S . - t �-,: r. :'� �.t'� �\j�' � K r�,�� rw � ���5' F� �} �!h �" I , °r� �� • • � �` ;Z�'!�?'!k;1�Y :.: n•,- � �,w^•w �1 ..a�i;':`e� �i�:{�'� !;='��•� ��r�'bi'': Y•y�; •.,:� ly r�v r� 1�.2i.1 /i: .. /.v.. r��� J.1.`A+ �•) y i,�l. y� ��ir�«� ',�.r� �� � �}� ♦ A�`�'t.� 1�]J• t?�r! "��� �.�i��:�..5��!�! .�. j, .wM�.,,,-.,,,`�, �,.;.:�N,` :�. - :�.�,;::,,t,� r, �f�,, �..,; .r_ -�•. �;,���� C.'::�: �i��;t''.•F��'►�''•��".���T�;.'l,i�y�1.� � �.� ��- 'A�,` ')��-1I��.r 4 4i��,_ti. a,�.�:Yi+� i.'� . i•::.. ,X.A� � � .�i� y��• i:.. t � � �„� ,".., :. tj. ��� N4�,�i �+ wA7 �d� .��.�i�'�:#�• � �. �:��:� -: �::. . .�... - r-•: .� �r .� s ^�= �:� ' +:.-�,n3 e . '�w"" ,�.-'• =.ta. �" J�`� .T:t , '� �. ts�:�1�:i���:.;v�t'.:.. rr� .-��-'� .�.: i'4 r.v � >. .- « �' ' h� � � ly!�� � �' a � � I'*l., �, ��.a�r'f �.f. . � ' 7� r•u 4'`�� r•�� � �..{ �L'c , ��,it �i:�.� r F: � �" y��:+�� Q "'„1^''�.a�:; s..c.�r�r:� � , r� a ���~���r�i`:�'"t^�r �• . W� � � • : .,.�_�i".�M1^i�?',t�yt��i�.,�'t�',Pr;:��'� �. � O• .• `� '�'z4s ��.'�3�3- $! �>�r �e�`.�. � 1 • ��•�y`1�r-'.J• y�,t,.:r:�..'+� � . � ' � I I / I'j T��`f"i.�+31�! �� � ' e^'`~"~iw:l� ��f��r! � r��,�1}�:`N� �� .�.��•' �.f • ��i3 .���.�-�'�� �,`�j�(�,�7 .�,:�' • ( T • � � � � � � ; � �1?.{�� • �'�� �?�'��'jIl/��` f'•�1 ' �/ .�C��r4i • i � _ �.X "�.nt�� �tr�r� ! 1 wtr�° � • ..�.r �'.' ' ... / . • r 1 . , � ► S �' � ► � � � ► � ► \: � .► ► OWNER: Rebecca L. Hutto A: 5-27 �DDRESS: 1622 Sherwood Street Clearwater, FI. 34615 PROPERTY DESCRIPTION: Highiand Pines 3rd Addition, Block 16, Lot 6. LAND USE PLAN ZONING COUNTY: Residentiai Low RS 8 ACRES: 0.20 CITY: Residential Low RS 8 RIGHT-of-WAY: ACRES: ATIAS PAGE: 270B SEC: 1 1 TWP: 29 S RGE: 15 E Pt.�11VNING AND ZONII�G gbARD . CItY COfViMf5Si0N ::S , : Lz �b � � �;: ..� :� � � .�., a . ��}- . � � �� � . . The paperwork for Itern #18 moved to 1/18/96 pack `i -�p;. ,� ,� ORDINANCE NO. 5920-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOP1ViENT CODE; AMENDING SECTION 40.367, CODE OF ORDINANCES, TO ESTABLISH NEW PARKING REQUIREMENTS FOR THE BEACH COMMERCIAL ZOI�IING DISTRICT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 40.3367, Code of Ordinances, is amended to read: Sec. 40.367. Dimensional and numerical development requiremQnts. The following dimensional and numerical development requirements shall apply to development within beach commercial district: �***** (5) Offstreet parking: � Retail sales, restaurants, alcoholic bever�ge sales, commercial recreation��entertainment and personal service uses may reduce the otherwise required number of parking spaces by 50 percent. �b If a buildin� existing on (e,,�ective date of this ordinance) + _ is conformin� or lawfullv nonc�nformin�with respect to parkin.,g,, no additional parking shall be reauired for any chan�e of use associated with such buildine. ***�*� Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READTNG December 7, 1995 PASSED ON SECOND ANI) FINAL READING AND ADOPTED Approved as to form and legal sufficiency: r � amela K. Akin, Attorney � Rita Garvey, Mayor-Comrnissioner Atiest: ,Cynthia E. Goudeau, City Clerk �a �RDINANCE NO. 5921-95 `� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; CREATING DIVISION 14 OF CHAPTER 4 a, CODE OF ORDINANCES, TO ESTABLISH DEVELOPMENT STANDARDS FOR PARKING GARAGES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSI4N OF THE CITY OF CL�ARWATER, FLORIDA: Section 1. Chapter 41, Code of Ordinances, is amended by the creation of Division 14, consisting of Sections 41.251 through 41.252, inclusive, to read: DIVISION 14. PARKING GAR.AGES. Sec. 41.251. Definitions� The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearlv indicates a different meanin�: "Automatic ticket dis,pensing entrv" shall mean an enhy into a parkin� arage controlled bY a machine dispensin t�ickets for garage use. "Free flow enbr�" shall mean an entrv into a�arkin�gara�e without controls, such as attendants, or autornatic or manual ticket dispensing controls. "Manual ticket dispensing,.,en _try" shall mean an entry into a parkin�garat�e controlled bv a person manually dispensin� tickets for gara e use. "Parkin �ara�e" shall mean an above ground or below ground mulri-level �arkin� structure. "Pedestrian-oriented zonin� district" shall mean the resort commercial districts on Clearwater b�ach. the beach commercial district, the North Greenwood commercial district, and the Bayfront. Core and Eastern Corridor subdistricts of the urban centex district. "Pi�g backin_g" shall mean a parking stall desi�n in which one vehicle,parks behind another from a single travel aisle access point. "Robotic parkin��arage" shall mean a parkin�garage that utilizes a mechanical �rocess to maneuver or store vehicles. "Valet �arkinQ Qar��e" sha11 mean a parkin�garage where each vehicle is�arked bv an atte� Sec. 41.252. Dimensional and numeric,�l dgvetournent rec.�,uic�rnent$ for,.parkin� ara es, The followin� dirnensional and numerical requirernents shall a�ply to the development of parking��gara�es: _ (1) Minimum setbacks. Parkin� ag____ra,ges shall have the followin� minimum setbacks• � Frorn a street r�ht-of-way: 1. For arkin gara�,es located in pedestrian-oriented zonin� districts, the minirnum setback from a street riQht-of-way shall be 10 fePt if the street is classified as an arterial or collector street on the thorou h�fare p,lan, and f ve feet if the street is otherwise classifed on the thorou hfare plan unless a lesser distance is specified or required b t�.he applicable design �uidelines. 2. For parkin�garages not located in pedestrian-oriented zoning districts, the minimum setback From a street right-�f-waY shall be the same as for other structures in the zoning district in which the parkin� garage is located �b From side and rear propertY lines: The minimum setback from side and rear property lines shall be the same as for other structures in the zoning; district in which _the parkin�gara�e is located. �2) Maximum height. The rnaximum hei h� t for parking �ges shall be the same as for other structures in the zoning district in which the parkin�ga��e is located. � � � � standards. � � � � � Minimum open space: Not applicable. Niaximurn floor area ratio: Not applicable. Maximum buildin c� averaQe; Not ap�licable. Minimum parkin� stall dimensions: As specified in section 42.34(4), design Minirnum travel aisle width: As specified in section 42.34�4), desi�n standards. Minirnum vehicle storage requirements at entry points: For free flow entries: One s�ace ver entrv lane. For autornatic ticket dispensin� entries: Two spaces per en� lane. For manual ticket dispensin�entries: Ei�ht spaces per entrv lane. 2 �,d.1 For robotic or valet�arking ara eg s: l0�er cent of that portion of the,�arking a�ra�e parkin capacity served bv the entrv lane, or as otherwise specifed b� the city en�ineer. � The above rninimum requirernents may be increased at the discretion of the citv eng,ineer in cases where they are judged inadequate ta permit queuin,� in accordance with site-specific traffic safetv conditions; in these cases, the most current Fiorida Department of Transportation standard design for ri�ht turn lanes ma_y be used as the standard of reference. �9� Minimum landscapin requirements: � Perimeter landscape standards. The perimeter landscape standards of section 42.27(3) shall be met unless exempted by the applicable desi�n�uidelines. � Interior landscape standards: None. � Other landscape standards. All other landscape standards of section 42.27 shall be met unless exempted by the applicable desi�n �uidelines. 10 Ground floor commercial or office component. For parkin� arages located in pedestrian-oriented zoninQ districts, not less than 50 per cent of the linear width of the parking a�rage as measured along any.abuttin� street ri�ht-of-wav,�on the �round floor level onlx shall be devoted to nermitted or conditional uses in the applicable zoning district that contribute to pedestrian interest, such as indoor retail sales, restaurants, ni�htclubs, taverns and bars, offices of commerce, eovemment offices, convention centers, and hotelimotels. Such floor area shall not be used in computin� the total floor area allowed for the propertv on which the parking garag;e is located. (11) Pi�g,g bY acking. Pig� by ackin�shall be permitted only in valet parkin��,ara�es. Pi,�gxbackin� shall not be permitted to be used for required parkin� unless a separate desi is submitted showin� how the gara�e could be converted to meet the parking requirements with a standard (i.e., non�ig�vbacked) parkin�s�ace arran�ement in the event the valet parking is discontinued. This reQuirement mav be waived for parking �ara�,es controlled bv per,�etual agreements between the city and the property owner to provide valet parkin�that allow for liens against the properties in the event the valet parking is discontinued; such a�reements shall be contingent upon approval of the city engineer and the citv attomev. � ParkinQ �ara�,e and site access. Parking �ara�e and site design shall not preclude or impede theprovision of emer�encv vehicle service and reasonabl -anticipated vehicle loading_ Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. ' ;± Section 3, This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND .AND FINAL R�ADING AND ADOPTED Approved as to form and legal sufficiency: ' �, Leslie Dougall- i es Assistant City Attorney ..� Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Decembex 7, 1995 ;■ � �r�� .,. :. . i; i: ��'� v.:• G �. a�.Y ��. :� r; �.• �m 0 0 �a-rE I�1 � � � � � —� � ORDINANCE NQ. 5941-95 AN ORDINANCE OF THE ClTY OF CLEARWATER, FLORIDA, AMENDiNG SECTiON 32.321 OF TNE CODE OF ORDINANCES RELATING TO MULTIFAMILY RECYCLING, TO PROVIDE RECYCLING SERVICE TO ALL MULTIFAMILY COMPL.EXES IN CLEARWATER; AMENDlNG SECTION 32.068 OF THE CODE OF ORDINANCES, RELATING TO DEPOSITS, FEES, CHARGES AND OTHER RATES AS SET OUT IN APPENDIX A TO THE C4DE OF ORDINANCES, REGARDING �OLID WASTE RECYCLING RATES 1'O RETAIN THE 1996 RESIDENTIAL RATE AT THE CURRENT LEVEL AND TO ESTABLISH A MULTiFAMILY RATE PER LIVING UNIT; PROVIDING AN EFFECTIVE DATE. BE iT �RDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.321 of the Code of Ordinances is amended to read: Sec. 32.321 Multifamily recycling. Multifamily recycling wili be offered to �a�� complexes as�essf�le within the city. The program wiil be phased in by the solid waste department �+�+s�ie�. The fee schedule for multifamily recycling will be provided in Appendix A to this Code. Multifamily recycling will be tailored to fhe needs of each complex and will be integrated into a full-service solid waste management program. Section 2 Appendix A-Schedule of Fees, Rates and Charges, of the Code of Ordinances, relating to recycling is amended to read: Subject ,4mount (e) Recycling. � 2. Recovered materials dealer annual application fee. . . . . . . . . . . . $5(?.00 Cu�bside recycling: a. Manthly charges fo� curbside service far once-weekly collection for each unit: Calendar Year 1994 ?995 1996 �997 $1. 99 2.05 2.05 2.05 � �998 1.99 � 3. Monthiy charges for multifamily collection of prescribed service 'nitia before Januarv 1. 1996: a. Service with semi-automated carts: Calendar Year 1994 1995•9? 1998 C{uster of 1, 2 or 3 Carts Time(s) per Week Pickup 1 $54.4$ 2 x 98.31 3 x 142,14 4 x 196.64 5 x 264.04 6 x 397.88 Cluster of 4 or 5 Carts Time(s) per Week Pickup 1 $61.�8 2 x 112.31 3 x 163.14 4 x 224.64 5 x 299.04 6 x 439.88 Each Additional Car� over 5 Time(s) per Week Pickup 1 $ 7.00 2 x 14.00 3 x 21,00 4 x 28.00 5 x 35,00 6 x 42.00 2 $56.Q0 101.09 146.17 202.18 271.42 408.74 $63.00 115,09 167.17 230.18 306.42 45U.74 $ 7.25 14.50 21.75 29.00 36.25 43.50 $5T.52 103.86 150.Z0 207.73 278.80 419.60 $64.52 117. 86 171.20 235.73 313.80 461.60 $ 7.50 15.00 22.50 30.00 37.50 45.00 :■ ;s Subjecf Amount � Ournpster Size (cubic yard) 1 2 $44.02 3 4 6 8 � 56.95 68.41 92.51 116.80 Service with non•compacted commercia! container: Times Per Week Pickup 2 $80,42 104,05 126,21 171,72 217,45 3 $118.82 151.15 184.01 250.93 318,10 4 $160.65 207.84 253.94 346.76 439.86 5 $214.12 277,07 338.55 462.70 587,17 6 $314.9T 407,58 498.7't 682.16 70623 Multifamity cornplexes serviced with one compartmentalized container cluster of four equates to one three cubic-yard dumpster. Monthlv, charqes for once-weekly coilection of recyclables at each multi- farnily corn�lex offered after January 1. 1996, will be for each fivin4 unit: 1996 1.50 1997 1.50 ..; 1.45 Billin fq or recyclinq service offered before June 1996, will commence June 1, 1996. BillincL for service offered afier June 1, 1996, will cornrnence in the appropriate billing cycle of the month followinq. 5. 4. Monthly charges for commercial collection represents the target level of commercial recycling frorn which the solid waste division will flex up or down to be competitivs with certified recovered rnateriats dealers (private recycling companies) operating within Clearwater, a. The target level charge for service with semi- autornated ca�ts shall be charged on the same basis as rates included in 3.a. � b. The target level charg� for service with non-compacted cornrnercial containers shall be the same as rates included in 3.b above. 3 � Section 2. This o�dinance sha11 take effect immediately upon adoption. PASSED ON FIRSi READING PASSED �N SECOND AND FINAL RE�401NG AND ADOPTE� Approved as to form a�d fegal sufficiency: .'-� f �.�-%r n Carassas, Asst. City Attorney 4 December 7, 1995 Rita Garvey, Mayor-Cornmissioner Attest: Cynthia E. Goudeau, City Clerk m .': � � Section 2. This ordinance shail take effect immediately upon adoption. PASSED ON F{RST READING f'ASSED ON SECOND AND FiNAL READiNG AND ADOPTED Approved as to form and legaf su�ciency: �___�_�_ � ohn Carassas, Asst. City Attomey m �: �� 2 December 7, 1995 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk l. � ORDINANCE NO. 5949-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.067, CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO AMEND DEFINED AREAS FOR SPEED RESTRICTIONS OF VESSELS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION 4F THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.067 is amended to read: Sec. �3.067. Same--Areas defined. (1) S/ow down--minimum wake zone, west of Clearwater Pass Bridge. All waters of Ciearwater Pass Channel from shoreline to shoreline, wesfin►ard of Clearwater Pass Bridge to a point approximately 550 �A yacds west of the bridge, which point is marked by Ciearwater Pass day beacon no. 7 8, are designated as a slow down-- minimum wake zone. (2) Siow down--minimum wake zone, east of Clearwater Pass Bridge. All waters east of Clearwater Pass Bridge and within the following described a�ea are designated a slow down--minimum wake zone: Begin at the point where the Clearwater Pass Bridge connects with Sand Key on the south, then to a point 470 4g8 yards east of the center span of the bridge, which point is marked by Clearwater Pass day beacon No. 16 �-4, then to a point approximately 500 yards north of day beacon no. 16 �4, marked by Marina Chanr�el light no. 8 6, then due west to the shoreline of Clearwater Beach Island, then following the shoceline southwesterly and westerly to the bridge, and then south to the point of beginning. (3) Slow down--minimum wake zone, Clearwater Marina Channel. All waters of the Clearwater Marina Channel from a point marked by Marina Channel light no. 8 6 to a point marked by Marina Channel day beacon no. 9� are designated as a slow down--minimum wake zone. (4) !dlv speed--no wake zone, Clearwafer Marina basin. 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C'>x'-1:'IIY.+e lSfaf ...!... .. —:__ ':�A :`:'.r�:...i. �,: :'i.::Rr:i�SA::''t�i.�.t.l� f.� ..�... li.. * CI T Y Ca� P�?,�i` RJCi��''� F�AIIICI°�'ISL �C ►1V'��'14C�OI�ERIVM�'lV7'AL AG����i'�lVT'� SECtII�LI, MAIqCI�, 19�5 * Cl T Y�F' iVE�/ ,P�%�T RI�HEY F14�4/V�HSSE �r l�l�`E� ,�V�RI�IA�IENT�4L AGff�,ELil�1�l16TS S�C�!/�ED �IA11iU�4R1� a, 1 � * Pa4�C� �^i4l.�� OJ��l�� �c DI�L�f�i4 T�C�IV� ��IV i`�'� PASC� L.�41VD ��l1�C� Wi4��HOUS�' �UILDl1V a P��,11q�B��1�EJf� S�Pl'L�i4��Elq, ��9�5 FiJl�t Ceil1�STF��lCil�1V �7PF 111�1EUV I���C� S�4►LE� OFFIC� �r APP�.1�4�f;E .5�� 1�13�i�! i� 6�E BUI L T' !g Y.'S�l �T'EiV1�3ER, 1996 * J�'�dSC� PHAS�' I �.JrCCPAIV�IC)l11 �.811�'IL�S l�� G�4� IVIA/N COAI�TRtlG�'iED SEPTEI�l�ER - DECENl��l�, i99� C�iV U� �9 FI��IV; A/N�E'LLAS C�tlIVTY L/IVE IeIOI�TH TO ST�4�'E �0�4D 5�4 � �ASCC� �l'-1'�S� Il EJiCPA1V'�/DI�' Ea11Gl!lIEE�/iVC� CDIVlPL�T�'D �O� 5.6 MILIES �l� �i4S MA/N Tt' �� C`OfVSi��CT�it� O/V US 19 Ff��lVl �i"�4 TE l���D �4 TO 1I219�lILL NC��TH a� I�ILaGE �td��4D ( ��11 TRi4 CT �01 � CC111�iV1/S5►�IV AC��ND�4 ) -8- k , r. Y���� �. � _ ,• �•.. .�' � �.�.. ., �,� _ --__ ---.-.___ _ _ ./r __I._'�_'� 3 ff. .Nt"�k::: �1 N:. � ��.s��► ���s� �r ��r��a�v�►��v (��`�4 i� I�C%4Gi � i� �/� I�tllL�' 1VEaRT�°I C�F �/l�C;t� ��AD) i � � � �����������' ���1 f � � ���' �� � - C�iA.� �/1�� �C Iti►�4iE�/�4L� - � 14�t,��i� * ��E`�C'lV� C�,�4.� �'A11�1S � ����'i�E� �C�1V���t1Ci��rv C�fUT���i � V���� ����r " � � i ���� * �41V1V'C�i41. Imf��l�'A111� T�4�l�C f�CIRCf�I�A,�r� C)�if��'� - AA�I�'I�ICAN �/VELt`1dP1/G � 7'�4�►�C - � 6�, �� * JC�I1V7` �f�C)�E�T �4G�'�'�'�'��l0� �F'C�f� ��"a4 7'� �?++f��4t� ,�� - �L.�i�11'i4 t��Pi4l�'il'V/J�11�'i t7i�' �'�i4�ISP�J�%4 T'l��V - � ���,�2�3� * f�AlLf���4D J�'IP�LIl1l� C�'C���IiV� �4 �►I�E'EAI�►�'�11 �' ll�l �Lt,�;M�4f�' - CS�C ii�A OV�PCiF� iA i1�f V, 11 R1 �. -� Y, �� �� ,_ S�e f ,r-v r� � ��I� s �i � �� - __ Q /� � qq�q E`,o� Clearwater City Commission Agenda Cover Memorandum SUBJECT: PASCO C�UNTY GAS EXPANS�ON - PHASE fl Item IJ� r Meeting Date: • RECOMMENDATIONIMO�I�ON: Award a contract for the installation of polyethylene gas main on U.S. Hwy. 19 from State Road 54 to l/2 rniie north of Ridge Road, to A& L underground, Inc. of Tallahassee, Florida at an estirnated cost of $752,657, which was the most responsive and responsible bid submitted in accordance with Clearwater Gas System specifications, and approve the funding for the associated gas related materials aC an estirnated cost of $143,500, � and that the appropriate officials be authorized to execute same. BACKGROUt11D: In order to provide timely installation of new gas mains for our second phase of expansion in southwesterii Pasco County, Clearwater Gas System (CGS) proposes a contract with A& L underground, Inc., for the instal{ation of 6-inch polyethylene gas mains and other associated materials along U.S. Highway 19 from State Road 54 to 1/2 mile north of Ridge Road. This project also includes a 12 inch directional drili of the Pithlachascotee River. CGS's Strategic Plan calls for expanding natural gas mains into Pasco County in construction phases. This second phase +s approximately 5 1/2 miles. Commercial accounts along the main artery of the expansion will be connected in approximately one-mile segments as the construction is completed. Work will be performed under the direction of the Director of Gas Supply & Operations. The contractor will supply al) laborand equipment, sod, asphalt, concrete, and curb replacements. CGS wil! supply the gas-related rnateriais, (i.e., polyethylene pipe, fittings, and valves). The projected cost of the CGS supplied gas rnaterials is $143,500. The polyethylene materials were approved by the City Commission on 6/14/95 under an annual contract awarded to M. T. Deason. The proposed contract provides for all aspects related,to the installation of polyethylene mains. The bid was opened on November 14, 1995. The bid received from A& L Underground, Inc. was the second lowest bidder. They are the most responsive and responsible bid that met specifications. 1t was determined that the low bidder is not a iicensed Underground Utility Contractor and could not legally work within the State of Florida without this license, therefore the Director of Gas Supply & Operations recommends awarding this contract to A& L Underground, Inc. ,who holds a State of Floric�a Underground UtilityContractor's License, and the Purchasing Manager concurs with this recornmendation. Reviewed by: legal 8 �dget Purchasing Risk Mgmt. IS ACM Olher Submitted N/A � � A r"" f'4'/ � City Ma er � P�inted ��n recycl��d p,�per Originating Department: j � Casts: Clearwater Gas System �,;'yL•' User DepartrnenL Clearwater Gas System Advertised: Date: 10/27/95; 10/23/95 Paper: Tampa 7ribune; St. � � ;. � Petersburg Times ❑ Not Required Aftected Parties ❑ Notified CL�] Nat Required Estimated $ 896,157.00 Estimated Funding Sourc�: 0 Capitallmprovement: � Operati�g: ❑ Other. Appropriation Codc 3 1 5-963 20-5 63 800• S 3 2-000 $ 896,157.00 Current Fiscal Ycar Commission Action: ❑ Approved ❑ Approved with Conditions ❑ Denied ❑ Continued ta: Atlachments: Bid Tab & Summary ❑ None ':` ■ ;. ���:; ;,: �r :� - A first q�arter budget amendment to transfer $896,157 which includes contractor and materials costs, from Gas Revenues to a new CiP code 315-96320 cailed Pasco New Gas Mains & Services will be submitted to fund this project. Moneys for this purpose were included in the FY 95/96 budget to be funded by a Gas System Expansion Bond Issue. These bonds are now projected to be sold i n the th ird quarter of FY 95/96. The transfer of Gas Revenues for this project is in effect, a loan frorn the City's cash pool, and is anticipated to be an interim solution as these moneys wi!! be reimbursed to the Gas Fund once the new bond moneys are available and the Gas System Bond Funds established. � Printed on recycleci paper ,. ■ � � ! r . x. � � a � � • h q w .i O � M � � tl N w w � � � � � � � �� � ��s , ``�� y� 0 0 0 0 0 o r �.~i � � �I p O O O O O 1 C LL' O O O O O O 1 0.O � a m o .r .+ o o � 4 5 �o .+ a� �v �o � i p( N �p Y fV N 7� � 0 X '+ wl e� 10 1 � G O O 5 � � � � � �, �, � 0. .r eV .r .y e� �( �a o c o 0 0 0 � jy �E+ �I O ry O G o N l � � O a .r� rv �n + o v� � Gl �'+ F � � s � o .�i � m m � 7 � fV �1 eY h � � �(f Yf O O H p( p� p� O� O O M u td a F Ul a ,-.���, � � �I N .�i ti rryi °i w 0.I � � � O O O O O o � W (a7 O � O O O O / � N rl V� o O o 0 0 o Y U �(-� p.' p O O O o a � Q 4 . . / J �+ m N ! � O m / � m N r-1 r1 m m � n .� � o ■ � M � � a � E�u o 0 0 0 4 > M h� � � O O M N z S -�Z'j oa r� rv er rv q a � z � .0 o 0 0 0 0 0 : d � � a~t o 0 0 0 0 o i � s� a` o o m m�, ., . , ry UI �o O r'1 m / Q O� b N � 1�1 � I U Ny' .+ • N a � M W O O O O �� H�( o 0 0 0 M M b � � f y y f7C �-1 r1 fV N q pC .^J 6 W � o 0 0 0 0 0: po 0 0 0 0 0 0; � c~t � a( m � .�-� m °o m i �r1 t � a .+ o� m r �n � ._.� �n v .r v ev • y .r � .-i m � 41 �t cv �n o �n p n r o r � F y � .�a ry .�i n A d � U �C � N Q � W O O O O O O � � � � i: o o r r en n + � a o u, m o+ N N+ a � r, �n o� n, �o ' O • pf. N V O a �!1 1V � [.7 W .r t- �`7 V o� YI � p; N ry ry .ti r r D H u o o �r .r a �+ ., n r � .' n r o� c+ � F � � .i .� �v tr � 0 0 N{.� O O O $ � N O h �-1 rC n �// t� .� .+ .� �7 � • � Q � � > 0 0 0 0 � W ip F1 �0 � 6� S � � Y � � � � � � � � � a a m ow. � � � a � � a � � � � � x z �e � N M1 N M �1 �QI 1d fV nl ♦ YI � N � N ♦ � ry i CI IV W � a � � T ri a a -� a � �� � a s W �x � � ��7$ �x o�c�°g'� o N Ci y{� Q ��Orr � (� C Ql Z m m � z � �n ,' 'F,AI�s ,�i, � `� Ul� , �� � � . �� ��'AT � Clearwater City Commission Age�da Gover �lie�or�,�dum � C-� Item ti; C �, Meeting Date: • SUBJECT: 1NSTALLATION OF POLYETHYLENE GAS MAINS AND SL-kViCE LINES. (SECOND CONTRACTGR) RE�COMMENDATiONiMOTION: Award an additional contract for the installation of polyethylene mains and services to Jasco Corporation, Fort Myers, FL, at an estimated cost of $41 1,350, which is the lowest qualified bidder, who was the rnost responsive to our specifications, LO and that the appropriate officials be authorized to execute same. BACKGROUND: In order to provide timely installation of new gas mains and services without increasing our staff, the Clearwater Gas System (CGS) proposes to contract with Jasco Corporation for the installation of polyethylene gas mains and services at various locations through out our service area. Currently, Heuer Utilities, Clearwater, FL is providing the installation of polyethylene gas mains and services. The use of multiple contractors, is necessitated because the level of construction work has grown substantially, and as we reach the height of our strategic plan expansion, including Pasco County main and service extensions, it will require at least two (2) simultaneous contracts at the level o! about $500,000/each for six (6) rnonths. This will also provide better back-up capabilities, should one (1) of the contractors default. Work �vill be performed under the direction of the Qirector of Gas Supply & Operations. The contractor wil{ supply all the labor and equipment, sod, asphalt, concrete and curb replacements. CGS will supply the gas-related materials such as the polyethylene pipe, fittings and valves. The bid was opened November 20, 1995. The bid received for Jasco Corporation was the second lowest bidder. The lowest bidder's past performance and history was evafuated as not being satisfactory, therefore, the Director of Gas Supply & Operation is recommending the awarding of this contract to Jasco Corporation. The Purchasing Director concurs with this recommendation. Monies for this contract wii) be provided by a transfer of $274,230 (66.7% of the total) from Gas Revenues to CIP code 315-96370-563800-532-000 , Pinellas Phase II NewGas Mains & Services, and a transfer of $137,120 (33.3% of the total) from Gas Revenues to CIP code 315-96320-583800-532-000, Pasco New Gas Mains & Services. The monies for this capital construction were originally included in the FY 9S196 budget to be funded by Gas System Expansion Bond Issue. These bonds are now projected to be sold in the third quarter. The Transfer of Gas Revenues for this project is, in effect, a loan from the City's cash pool, and is anticipated to be an interim solution as these monies will be reimbursed to the Gas Fund once the new bond rnonies are available and the Gas Systern bond funds established. Reviewed by: Originating DeQartment: Costs: Commission Action: Legal N/A I�arw erGas Systern Estimated $411,350.00 CI f�pproved Budget `-' �J ,; y?Tsr ��.u�.� 4-,-- To��� O Approved with Conditions Purchasing ` lJser Department: Estimated 34tt,350.00 O Denied Risk M�mt. N A �� Clearwater G�s Systern CurreM Fiscal Year O Continued to: IS N/ Funding Source: ACM Ll Capitallmprovement: Other N/A Advertised: Tarnpa 7'ribune ❑ Op��raling: 1U127/95, Pinellas Couniy Review Dale: 11 /03/95 ❑ pther: Attachments: 'r(f 1 f aper, Submitted by: - ❑ Nut Required Appropriation Code Bid Tab 18-96 and Summary Affected parties 315-96370-SG380U- �� 532-OOU and 315- (' ff � CI Notifie�d 9fi32Q-563800-532 O None Ciryf'Nana�;t�� (Kl Nut Requirecl 000 � Prinle�d �,n r��c'y�•I���1 p.,����r � czrr os a�xazsx iIA 1�-!� OtDtiD 11/]0/fS �2D TI►� ITEM C'� UN2T OF �i � pESCRIPTTON �UANTTTY MEASUR$ 817tVZLT8/PIJ�BTIC 1. 5/8 INCN 20,000 FBET 2. 1 INCH 10,000 FEE? 3. 2 INCH 5,000 FE£T NAZNS J PL.)�STSC 1. 2 ZNCH 25,000 FEET 5. 4 INCH 8,000 FEET 6. 6 2HC}t 1, 000 FEET CI�SINO P4SSE8{MIS92L! 7, _ �(� T, 000 FEET J�C]( AND/OR HORs 8. � TNCH 2,000 FEET 9. 6 INCH 2,000 FEET 10. 9 INCH 500 FE£T DIRHC'1'IO2tAL HORE I1. 2 INCH 3000 FEET 12. 4 INCH 1000 FEET 13. 6 INCH 1000 FEET 14. & INCN SU� FEET NELD TJ1PI?f6 TEE3 15. 2 TNCH NILLZArLSON 50 EACN 16. 7/� NELD PfJNCH TEES 50 EACH 1?. 1 MELD PUNQi TEES 50 £ACH O?SZR PJ1Y 2?�L4 (4IIANTITY IINRZONNI =Tlf�l DEPTB DITCS 18. 3� ZNCH TO 48 INCN DEP1'H EXTRA DEPTH PER FOOT ]9. �9 INCH TO 60 INCH DEPTFi EXTRA DEF'I7� PER FOOT 20. 61 INCH TO 72 INCH DEPT}i EXTPA DEPTH PER FOOT D�t3ITY 21. DENSITY PER SQCJAAE FOOT S80RZN0 22. SHORING P£R FOOT NELL POZNTXNO 23. SNSTAl.LATION Oi HEADER PZPE P£R FOOT Z�. AVNNING TSME PER OAY 80D 25. FLOW.TAM/HAHIA 40,Q00 SQ FEET QNiT YRSCE9 26. RESIDfiNTIAL METER 400 EACH 27. SERVZCB TES 150 EACH SIIRl110E RES?afU?ZOH 28. 11SPHALT 10,000 SQ FEET 29. LIMEROCK 10,000 SQ FEET 30. CONCRETE 1,000 SQ FEET ]1. BRICX REMOVAL 2,000 SQ F'EET 32. BRICK ftEPL.ACEMENT 2,000 SQ PEET 3�. SEED AND MULCH 30,000 SQ FEET f1MND 'fOT�I,t 8II19G1RY OT BYDS BIDS SOLICITEA: lb 9ZDS R6CEIVED: 4 . NO RESPONSE: 6 ' NO-8ID RESPONSE: 6 SUi@i71RY O! NO-BID RESPONSSS SCHEDULE WILL NOT PERMIT: 3 DO NO'T OFFER SERVICE: 2 CJIPINOT OFFER COMPETITSVE HID: 1 OA� ILAIIf 1�HD StAVZCf LITt� INSTJILL.IITIQ1f � a BOF�lE, RtJt�YAN t WAI.L JASCO CORPOiUTION A b L UNDERCROUND VISK CONSTRUCTION C:.F.AP.YiATF.A, FLGRID7+ FORT MYERS. FLqHIDA TAI.I.A}U�SSEE, FLORIDA RIVERVIEFI, FI,ORIDA �TtIT 'COTAL UNIT TOTAI. UNIT TOTAL UNIT TOTAL pRiCE pRICE PRICE PRZCF. pRICE PRICB PRTCE PRZCE 3.00 60,000.00 3.20 ]2,000.00 3.50 17,500.00 3.50 87,500.00 4.00 32,000.00 5.00 5,000.00 7.00 49,000.00 12.00 24,000.00 18.00 J6,000.00 24.00 12,000.00 12.00 20.LU 30.00 50.00 125.00 6,250,00 100.00 100.00 1.00 N/A 2.50 N/A 4.50 2i/A 1.50 N/A 10.00 NjA 7.00 N/A 30.00 N/A U.50 20,�00.00 42.00 16,800,00 25.00 11,250.00 2.00 20,000.00 0.50 5,000.00 4.50 9,500.00 1.00 2,000.00 L.�� 2.U00.�� 0.20 2,000.00 444,600.00 2.�0 54,000.00 2.90 29,000.00 1.30 16,500.00 3,10 77,50a��� 3.50 28,000.00 A.60 4,600,00 6,00 42,060.00 12.00 24,000,00 18.00 36,000.00 24.00 12,000.00 150.00 7,500,00 1.00 N/A 1.50 N/A 2.50 NJA 1.00 N/A 3.50 NJA 3.00 N/A 500.00 N/A 0.50 20,000.00 35.00 14,000.00 25.00 11,250.00 1.50 15,000.00 0.45 4,500.00 4.50 4,500.00 1.00 2,000.00 3.50 ?,000.0� 0.20 2.000.00 411,350.00 ],AO 76,000,0� 4.00 40,000.00 �.35 21,750.00 4.15 107,750.00 4.60 36,800.00 6.75 6,750.00 11.D0 7�,000.00 25.00 50,000.00 35.00 70,000.00 40.00 20,000.00 12,00 14 . 00 18.00 25.00 125.00 6,250.00 125.00 125.00 1.30 N/A 1.90 N/A 2.80 N/A 1.30 N/A 10.00 N/A 14.50 N/A 450.00 N/A 1.25 50,000.00 100.00 10,OOC.00 25.00 11,250.00 2.50 15,000.00 0.50 5,000.00 3.25 3.250.00 1.00 2,000.00 ].75 ),500.00 0. 10 l,j 000.00 6q9.700.00 2.80 Sfi,000.00 2.90 29,000,00 ].00 15,000,00 �.20 80,000,00 3.70 29,600,OQ 5.00 5,000,00 6.00 42,000,00 8.00 16,000,00 10.00 20,000,00 20.00 10, 000,00 10.50 15.00 20. 00 25.00 150.00 7, 500,00 150.00 150.00 3.75 N/A 5.80 N/A 7.�0 N/A �3.50 N/A 10.00 N/A 10.00 N/A 450.00 N/A 0.60 24, 000.00 50.00 20, 000.00 25.00 11,250.00 2.10 21,000.60 0.30 3, q00.00 5,25 5,250.p0 1.00 2,000.00 1.00 2,000.00 0.25 2.500 _ 00 901,100. 00 i� �� . ��1..` te..,, �. .. ' ..' ' ... .. . .. ... . ♦.� • , . . + ( �,y1�� �.,..r r. -�- - .. � i..) TECHIVICAL PR.OVISIONS FOR CLEARWATER GAS SYSTEM Approved by: � � � � . Terry N nan, Director of Gas Supply and Operations -0001- m Total # of Pages 0 12 u....� s. TEC�-IIVICAL SPECIAL PROVI.SI�NS FOR CLEARWATER GA� SYSTEM �CQPE CiF WORK: The work proposed in this contract for natural gas main and serv consists of the installahon of approxirnately 25,000 lineal feet af 2", 4",and 1,Q00 lineal fe�t of 6" P.E. 3408 �r 2408 natural gas main. furnish all plant, labor, and equipment to perforrn all operations in installation of gas mains and services including clearing, excavadon, � and clean up. GENERAL: CONSTRUC'TION CONTRACT line constrvction 000 li.neal feet of 1e contractor shall �nnection with the ching, backfilling, Base Price: The base price includes all cvnstrucdon in order to provide a co plete installation ready for the transportation of natural gas, according to CGS construction stan ds/operation and maintenance manual. A11 equiprnent and services shall be furnished by the ntractor. All gas related materials will be fumished by the Clearwater Gas System. a) The following prices are for plastic rnains and services. The installation of tee and 2 inch or smaller tap, stop cock, riser, fitkings, tracer wire, line rnarker, poles, barricades and all si F,D.O.T specifications for traffic control. All ditch lines ai must be machine compacted, 5/8 inch Fst. Qry. 20,000 ft l. inch Est. Qty. 10,000 ft 2 inch Est. Qty. 5,000 ft 2 inch Est. Qty, 25,000 ft 4 inch Est. Qty. 8,Q(?� ft SERVICES/PLAST7C per ft per ft per ft MAINS/PLASTIC -0002- per ft per ft � include valves and age as per bell holes KJ0:9/20/95 0 6 inch Est. Qty. 1,000 ft per ft CASING PUSHESiMISSILE 2 inch Est. Qty. 7,0�0 ft per ft Boring: Includes insertion of the carrier pipe, restoration, cleanup, insulators, end seals, and vent poles. 4 inch Est. Qty. 2,000 ft 6 inch Est. Qty. 2,000 ft 8 inch Est. Qty. 500 ft 2 inch Est. Qty 4 inch F.st. Qty. 6 inch Est. Qty. $ inch Est. Qty. 3,000 ft. 1,000 ft. 1,000 ft. 500 ft. JACK AND/OR BORE per ft per ft per ft DIRECTIONAL BORE per ft per ft per ft per ft ; WELD TAPPING TEES ; ; 2 inch Williamson Est. Qty. 50 each each 3/4 Weld Punch Tees Est. Qty. 50 each each v; -0003- K]0:9/20/95 �■ Y� 1 Weld Punch Tees Est. Qty. SO each each OTI�R PAY ITEMS a) Extra Depth Ditch: Will be paid any time cover exce.eds 36", when reqtiired by state, county or city authorities, construction requirements or at the request of CGS, 37" to 48" depth extra depth per ft 49" to 60" depth extra depth per ft 61" to 72" depth extra depth per ft b) Density: If density is requi.red per sq ft c) Shoring: . If required and approved by CGS. per ft d) Well Pointing: � Installation of header pipe Running Time per ft per day SOD (rnaterial will be supplied and maintained for two weeks by contractor) BahialFloratan Est. Qty. 40,000 sq ft CTNTT PRICES -000�- per sq ft wo:4/20l95 Residenaal Meter Est. Qty. 400 each Service Tee Est. Qty. 450 each (saddle clarnp, saddle tee, PE tee) each SURFA�E RESTORA.TION Cut, Remove and Replace (material provided by contractor) Asphalt Est. Qty. 10,000 sq ft Lirnerock Concrete Brick removal Brick replacernent Seed and rnulch CONDTI'IONS Est. Qty. 10,000 sq ft Est. Qty. 1,000 sq ft Est. Qty. 2,000 sq ft Est. Qty. 2,000 sq ft Est. Qty. 10,000 sq ft each per inch thick per inch thick per sq ft per sq ft per sq ft per sq ft 1. The Contractor rnust have a Drug Testing Policy, and all ernployees shall be randomly tested in accordance to Federal Department of Transportation and Florida Public Service requirements. 2. The City vf Clearwater Gas Systern will supply all gas related materials. The Contractor must secure these materials at 4q0 N. Myrtle Ave., Clearwater, Florida. All non-gas related material shall be provided by the contractor. 3. Installation of gas mains must be at a minimum depth of 36" and se�vices must be a minirnum depth of 30". The Con�tractor will be required to string, dig, install, bacicfill, compact, reseed or wo:9iza9s -0005- i■ resod, and restore concrete andior asphalt as required. The service riser must be wrapped with tapecoat and the meter set shall be painted. All gas stops must be locked in the off posidon. 4. A 24 hour air pressure test will be required after the service/main is installed. Test pressure must be 100 psi on 2408 material and 150 gsi on 3408 material. All lines must be left capped, 5. All mains will be pigged. All services will be blown out after the tap has been made, and all meter sets will have the gas turned on to soap test for leaks, then the gas will be turned off and locked. 6. The Contractor will be responsible for placing all "Call Sunshine" notifications. The Contractor will be responsible for any damage and repair to surrounding Utilities, private sprinkler systems or private properiy. 7. All Contractor employees must be certified for polyethylene heat fusion or steel welding before beginning work on this contract. 8. All restoration work (sod, asphalt, concrete, etc.) shall be completed as follows: Service line installation - Within 2 days from date construction is completed on the customer's property. Main line installation - Within 5 days from the d4.te construction is completed on a given block, or every 1,000 ft section. Sod shall be watered and maintained for two (2) weeks andJor until rooted. Payments will be withheld until all restoration work lias been saiisfactorily completed. 9. The contractor shall supply a history and reference list of work done tapping live gas mains. The City of Clearwater Gas System will supply training on tapping live gas mains to the successful bidder of this contract. The contractor shall provid� their own tapping equipment. 10. The conh-actor shall furnish Clearwater Gas System with a list of five (5) references complete with contact person, with whom they have performed gas main constr-uction in the past. 11. It shall be the contractor's responsibility to determine environmental sensitive areas, obstacles, and/or conflicts in the proposed construction route, and avoid such conflicts or obstacles. The contractor will assume all liability for damages caused by their firm, while in the performance of this contract. 12. All street crossings in and Pinellas County and the City of Cleaiwater must be completed by either the jack and bore or push rod method. All diractional drilling mad, str�et crossing, shall be pre-approved by CGS. Streets crossing,s in these areas can not be complet.ed by use of an underground missile. wo:9/20/95 lil. (S� v�i�) DEFINIfiION OF TERMS: For the purpose of these Technical Specifications, the following definition of terrns shall apply: A.S.T.M.: American Society for Testing Materials P.E.: Polyethylene AS-BUILT; A survey perforrned to obtain horizontal and vertical dimensional data so that the constructed irnprovements may be lecated and delineated. 1. MA'I'ERIAL.S: The Clearwater Gas System shall fumish all material in connection with the installation of gas rnains and fittings, including items for steel casing as specified under Natural Gas, Section 1, "7ack and Bores". Materials will be available for pick up by the contractor at 400 Nort}i Myrtle Ave, Clearwater. Warehouse hours: Monday through Friday 7:OOam till 9:30am and frorn 2:30pm till 3:45pm. The contractor can only pick up rnaterials during these hours. Only new plastic pipe manufactured from polyethylene resin designated P.E. 3408 or 2408 and in accordance with AS'I'M D-2513 specifications may be used. This in�ludes Polypipe and Drisca brand products or equivalent. The plaskic shall contain ultraviolet-absorbing additives and plasdc rnust be resistant to chemicals with which contact rnay be anticipated. Visible marking on pipe shall be to the same specifications. All rnaterials shall be uniform in respect to color, black only, or yellow, opacity, density and physical properties. In addition to the above, all plastic pipe and fittings shall be in cornpliance with the requirements of the Florida Public Service Commission Safety Division, the United States Departrnent of Transportadon Safety Division and the specifications of the Clearwater Gas Systern. All materials with irnperfections or damages that would impair the serviceability of plastic pipe and fittings rnust be immediately brought to the attendon of the CGS. The CGS shall prescribe the corrective repairs or rejection of imperfect or damaged items. 3. LOADIlVG, STORING, A.ND STRINGING: When loading or unloading lengths of plasdc pipe, a nylon sling �vill be used so as not to damage the pipe itself. When unloading lengths of plasdc pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. kC10:4l2Ul95 -0007- When storing, plastic rnaterial and fittings shall be placed on sidds and covered with a sheet of polyethylene or like material to protect it from sunlight. While stringing pipe on the jobsite, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itself. While stringing lengths of pipe, a nylon sling shall be used in such a manner so as not to damage the pipe itself. 4. AS-BLJIZTS : Contractor is to provide to CGS one set of as-built construction drawings prior to final payment. Tfie as-built should include the following gas mains, laterals, service lines, valves, locating stations, offsets of all �as �ines and valves with vertical depths and changes in vertical eleva�on equal to or greater than one foot.. All mea.surements shall be taken from the center Iine of roadvuay. 5. INSTALLATI�N: Installation s}�all include all excavation whether by trenching machine, power shovel, by hand or other rnethais which may be necessary to prepare a trench in which the pipe will be laid. The word ditching is used here and shall mean the mainY.enance of ditch including temporary damming, purnping, bailing and draining and dewatering wherever required. Also, the furnishing and placing any temporary shoring used to rnaintain the ditch. When the gas line parallels other lines, not less than one foot clearance will be pernutted from other lines, but the required clearance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be the minimurn clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirernents shall be met if at all possible. Tfie thiclaness af cover hereinbefore referred ta shall be measured frorn the average level of the paved thoroughfare or graded right-of-way of the two sides of the ditch to the top of the pipe or pipe covering, after pipe has been laid irt the ditch. The ditch shall be true to the line and grade as established. The ditch shall be carefully graded by hand wherever necessary to rneet the foregoing requirernents and ta provide an ev�n bed for the full length of the pipe. Laying is the handling and hauling of pipe from the designated storage areas incident to placing and joining over or parallel with trench (see ditching). K]0:9/20/95 �11: �o��� Before each section of pipe is installed in the line, internal surface shall be suitably clean. The open ends of all sections of joined znd/or installed pip� (not in service) shall be closed at night to prevent anirnals or foreign material frarn entering the pipe line or pipe section. Waterproof nightcaps of approve� design may be used but they will be so con;�ructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. The practice of stuffing cloth or paper in the open ends of th�e pipe will not be tolerat.�d. Where gossible, the pipe will be raised and supported at a suitable distance back from the open end such that the open end will be below the level of the pipe at the point of support. Plastic pipe must be installed below ground level and shall have a minimum 36" depth of cover. Width of d.itch shall be no less than twice the pipe diameter. Plastic pipe is not to be installed in a vault or any other below grade enclosure. Plastic pipe rnust be installed so as to minimize shear or tensile stresses. Therrnoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches. Any fittings, valves, crosses or laterals shall be accamplished with fusion welds. All lines shall be marked by #12 insulated copper tracer wire installed 12" above the pipe. Gas mains, gas valves, and gas loGating stations shall also be rnarked by adhesive identification disks affixed to the curb or pavement. In addition, all gas mains 4" or larger shall be rnarked by 4" wide non-metallic marking tape installed 18" above the pipe. The Cost of installation of tracer wire, marl�ng tape, and adhesive disks is to be included in the unit cost of pige. Tra.cer wire shall be looped up, uncut, into every valve box including main v�lves and service valves. Installations where 500 feet of pipe is laid between valves, empty valve boxes (locating stations) shall be installed over the gas main with tra�er wire looped up every 500 feet. In commercially aoned areas plastic marker poles with tracer wire ]ooped up and attacheci may be subsbtuted for empty valve boxes with the inspectors approval. All tracer wi.re splices shall be macie by the use of a direct bury splice lcit. Upon completion of th� project, and bef�re final payment, the inspector will check the continuity Kl Q :9li0/95 111• No person shall make a joint in a plashc pipe unless that person has been certified and approved by theCGS. Records of personnel qualified to make fusion joints will be maintained by CGS. 9. INSPECTION OF PLASTIC JOINTS: Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate train.ing and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the CGS. The contractor shall submit to the inspector one fiision joint field sample for every 2,500 feet of plasdc pipe installecl. 10. JOINING PLASTIC PIPE: In general, all plasdc joining shall be in accordance with American Standards "Code for Pressure Piping", as outlined. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. � Each heat fusion joint on plasdc pipe must comply with the following: A. A heat fusion joint must be joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plasdc hardens. B. Heat may not be applied with a torch or other open flame. 11. TESTING: Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardo�is leaks in the segrnent being tested. T'he plastic pipeline installation shall be pressure tested to 150 Pound per square inch for PE 3408 and 100 Pound per square inch for PE 2408, or no less than the Maximum Allowable Qperating Pressure of the Distribution System. The temperature of therrnoplasac rnaterial must not be more than 100 degrees Fahrenheit during the test. These tests shall be recorded on a chart-type pressur� instrument. Test duration shall be a minirnum of 24 hours. Additional time may bW required as determined by CGS. Testing shall be in accordance with the rating of the specific material in use. KJ 0:9/20J95 -00011- �a v�R� Fusion joints shall be a one-half inch (1/2") molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration 360 degrees around the pipe diameter. 12 MEASUIZEMENT �.ND PA I'MF�T1': There will be no payrnent for stock piling of rnaterial. The pay items for the installation of gas main and services, respectively are to include the installation of all tees, reducers, couplings, elbows, endcaps, tracer wire, rnarldng tape, locating stations, marker poles, adhesive identification disks, and other fittings and/or appurtenances as shown on the plans, or as become evident during construction, to complete the installation. NO ADDITIONAL PAl'P►ZENT `'VIL.L BE MADE FOR T'HE INSTALLATION OF '1'HESE APPUR.T'ENANT TTEMS. 14. ANTI-DRU� AND ALCOI34L PIZOGRA,M 'The Contractor agrees that it has in place or will irnplement a drug and alcohol training and testing program for its employees that complies with the requirements of the US Department of Transportarion Title 49, Pipeline Saftey Reguladons Part 199 Drug Testing Program for Pipeline Personell. Said program shall provide pre-ernployment , randorn, for cause and post accident drug training and testing, (alcohol for cause testing) for all its employees as required by Federal Regulation and who are assigned requixed ta perform services for Clearwater gas System. The Contractor shall attest in writing, under oath: (1) that the contracting firrn has an agreement with a drug testing laboratory certified by HHS/NIDA and an alcohol testing facility; (2) the name and address of the Medical Review Officer retained by the contractor for the drug and alcohol testing prograrn: ' (3) that all employees of the contia.ctor have been drug tested pre-employment; and (4) that all employees covered by DOT Regulation 199 receive random, for caus�e and post accident drug testing and alcohol testing for cause pursuant to such regulation. KJ 0:9/20/95 -00012- � • �,a.r r' / C� .� � 0 ���� . � i� � � ����� S� ���a � �� �o� � Clearwater City Cou�mission Agenda, Coaer Memorandum SUB)ECT: PUKCHASE OF PROPANE TANKS �. Item #: Meeting Date: • �" • C _,. RECOMMENDATION/MOTION: Award ar� annual contract (1-5-96 to 1-4-97) to purchase propane tanks from American Welding and Tank, of Carnp Hill, PA, at an estimated cost of $60,165, which was the lowest and most responsive bid received in accordance with specifications, � and that the appropriate officials be authorized to execute same. BACKGROUND: This bid represents Clearwater Gas System's (CGS) estimated annua{ requirements for size 120, 250 and 500 propane tanks to be ordered as needed. These tanks will be used in both residential and cornmercial applications. The propane tanks are required for the installation of LP gas for services to meet new customer requests until natural gas is made available in their area. The propane tanks will be used mostly in the north expansion area. After careful evaluation , the Director of Gas Supply and Operation recommends awarding the bid based on the lowest and most responsive bid received in accordance with bid specifications. This contract will be charged to CGS's inventory code and be charged out to the proper capital improvement project budget as di5persed. Monies for this contract will be provided by a transfer of $20,055 (33.3.7% of the total) from Gas Revenues to CIP code 315-96370-56380�-532-000 , Pinellas Phase II New Gas Mains & Services, and a transfer of $40,110 (66.7°l0 of the total) from Gas Revenues to CIP code 315-96320-583800-532-000, Pasco New Gas Mains & Services. The monies for this capital construction were originally included in the FY 95/96 budget to be funded by Gas Systern Expansion Bond Issue. These bonds are now projected to be sold in the third quarter. The Transfer of Gas Revenues for this project is, in effect, a loan from the City's cash pool, and is anticipated to be an interim solution as these monies will be reimbursed to the Gas Fund once the new bond monies are available and the Gas System bond funds established. The projected expenditures are as follows FY 95/96 - $45,000 & FY 96/97 - $15,165. Reviewed by: Originating Department: Costs: Commission Action: Legal N/A le rwaterGas System Estimated $60,165.OU ❑ Approved Budget �� �. Total ❑ Approved with Conditions Purchasing ser Department: Estimated �a5,000.00 O Denied Risk Mgmt. � �/A Cleanvater Gas System Current Fiscal Year ❑ Continued to: IS N/A Funding Source: ACM ,� � � ,• • 0 Capilallmprovement: Other N/A Advertised: Tampa Tribune � Operating: Date: 11/10/95; Pinellas ❑ Other: Attachments: �`� Paper: County Review Bid Summary & Tab Submitted by: O Not Required 11/17/95 Appropriation Code 423-00000- #37-96 f� - Affected Parties 1411 120-000-000 �—� — 0 Notified ❑ None City anager � Not Required iw Printed c�s� «�cycled paper � CITY OF CZ�ARWAT�R BID 37-�6 OPENSD D$CBMBER 5, 1995 S�D TAB iTEM NO. DESCRIPTION l. SIZE 120 AG UG PROPANE TANKS 2. SIZE 250 AG UG PROP.ANE TANKS 3. SIZE 500 AG US PROPANE TANKS DSLIVERY (AR.0) : TERM3: SDI+II�lARY OF BID 37-96 BIDS SOLICITED: BIDS RECEIVED: NO RESPONSE: NO-BID RESPONSE: SUI�iARY OF NO BIDS DO NOT OFFER PRODUCT: QUANTITY 96 45 25 12 2 8 2 2 GA3 MAT$RIALS - PROPANE TANxS AMER. WELDING & TANK TRINITY INDUSTRIES CAMP HILL �,PENN. DALLAS, TEXAS UNIT TOTAL UNIT TOTAL PRICE PRICE PRICE PRICE 275.00 26,4QQ.00 295.00 28,320.00 402.00 18,090.00 407.00 18,315.00 627.00 15,675.00 633.00 15,825.00 � i■ 60,165�00_ 62,460�OOr � 3 WEEKS 3 WEEKS NET 30 NET 30 u� ��� >=�,� Clearwater City Commission Agenda Cover Memorandurn SUBJECT; CSX TRANSFORTATION AGREEMENT #CSX7 023858 icern #: Meetir�g Date: ( RECOMMEI'�1DATtONIMOTION: Approve a Pipe{ine Crossing Agreement between the City and CSx Transportation, Inc., Jacksonviile, FL, in order to secure an natural gas easement across CSXT's right-of-way in Oldsrnar, at a cost of $1,530.00, 0 and that the appropriate officials be authorized to execute same, BACKGROUND: Clearwater Gas Systern needs to insta{ I a gas rnain under the CSX Transportation railroad tracks. This standard Pipeline Crossing Agreement is necessary to secure the easement across CSXT's property. The purpose of the proposed gas main expansion is to serve a new gas custorner at 1011 St. Petersburg Drive in Oldsrnar, Fforida, doing business under the name of "Charl ie Toona's" restaurant. AftPr careful consideration, it was determined, that the most feasib(e route to provide na�ural gas service to the custorner would be to run approximately 3,000 (ineal feet of gas main along Forest Lake Blvd. �nd St. Petersburg Drive. The construction costs and perrnit fee for Charlie Toona's restaurant is approxirnately $17,400 with projected an nual revenues of $9,600, which represents a 5 year payback. The easernent crossing �would be on Forest Lakes Btvd. CSX Transportation, Inc. requires al) applicants to pay a fee when submitting the agreernent. The fee for this permit application is $1,530.00, which is a One-Time License fee of $1,305.00 and a Construction Risk fee of $225.00. Reviewed by: Origioating Department: � Costs: Commission Action: Legal Clearwater Gas Systern �' $1,530.00 p Approved Budget yl�_�� Total ❑ Approved with Conditions Purchasing ; N/A User Department: 51,530.0o p Denied Risk Mgmt. N/A Cleanvater Gas Systern Current Fiscal Year ❑ Continued to; ►S NIA Funding Source; ACM ❑ Capitallrnprovement: Other N/A Advertised: 0 Operating: -.�,� Date: ❑ Other: Attachments: {�'1 Paper. CSX Agreement Submitted by: � Not Required Appropriaiion Code 341-96301- location Map Affected Parties 560700-532-000 0 Notified ❑ None City ager m Not Required �i Printed on recycled paper c AGREEMENT CHECKLiST Agreement Number: CSX 023858 Please perform the foilowing when executing the attached instrument: X X X X X Sign the signature page in ordec to execute the agreement. One 4f the following shou(d apply: Execution on behalf of a C�RPORATION shouid be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on beha{f of the Corporation. If the Corporate name is set out erroneously in the Agreement, the document should be exe�uted and the name corrected and initialfed where it appears. (Municipal Corporation, �umish copy of such Resolution.) If Agreement is with an INDiVIDUAL, that individual should sign the Agreement exactly as the name is set out in the caption of the Agceement. If the name is set out erroneously in the Agreement, the document should be executed and the name corrected and initialled where it appears. If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement. (Fumish copy of such authority.) The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided. NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directiy beneath signature{s). Fumish Certificate of Insurance required under the INSURANCE Article. {nitial and date each rider attached to the document folfowing the signature page. X !n retuming the Agreement, please fumish the following fee(s} set out in the Articfe(s) described within the Agreement: Contract Preparation Fee $ 0.00 Annual License Fee (refer to FEE's Acticle) One-Time License Fee (refer to FEE's Article) Co�struction Risk Fee (refer to lNSURANCE Article) Open Cut Compaction Fee (Acct 531, R/L 040000, Cost Code 007061) TOTAL DUE 0 $ � � $ � 0.00 1,305.00 225.00 6.00 1, 530.00 . �/! � /!': /ei� ,���`"5�; bl.� �•� ;;�_ ,� ,------� ��,.: ; ,�,�. , ,_ �, , ,.-�j �+ �.' 1 �'" : :�— : .;, : ��,, ' ,.���: ` ( 3 \�� `' �`',i _'��� TE� c,r''�� --.,.,,�, C I'1` Y 4 F C L E A R. W A'1' E I,t. TO: CSX Transportation, Inc. Jacksonville, FL P05T OFFICE BOX 47A8 CLEAAWATER, FLORIDA 34618-4748 Risk AAanaflerrtient Div[�ior� Tt�{epfwr�e: (813) 462-6754 Fat�mi{e: (813) 4&Z-6757 December 13, 1995 Please accept this letter as certification that the City of Clearwater is self-insured for workers' cornpensation, liability, and property damage with excess coverage as shown below. The City has been qualified by the State of Florida as a self-insured municipal government. Our State Self-Snsured Audit Number is 9173. The City's insurance coverage and limits are as follows: 1. Auto Liability, General Liability, Police Professional LiabilitY, and Public Officials I,iability: 2. 3. $100,000 per person, $200,000 per occurrence, self- insured retention, with statutory limits per Chapter 768.28, Florida Statutes. $5,000,000 Excess with self- insured retention of $500,000 with Ranger Insurance Company, effective 10/O1/95 for the policy period 10/Ol/95 through 09/30/96. Workers' Compensation: $500,000 per occurrence self-insured retention; statutory per occurrence excess with Ranger Ir_surance company, effective 10/O1/95 for the policy period 10/O1/95 through 09/30/96. Building, Contents and Propertv: $7Q,000,000 less $250,000 self-ins occurrence. I Sin d retention per ly Leb W. Sc Risk Mana � "Equai Employment and Affirmative Action Employer" CSXT Form 2037 -G - Page 1 Revised April 1993 � Agre�ement No. CSx-023858 PIPE! IME CROSSING AGREEM�NT THIS AGREEMENT, Made as o� March 22, 1995, by and beCween CSX TRANSPoRTATION, INC,, a Virginia corporation, whose mailing address is 500 Water Street , Jacksonville � Flaricia 32202 , hereinafter called "Licens�r" and CITY OF CLEARWATER, a municipal corpora�ion, political subdivision or s�ate agency, under the Lasas ot the Stat� of Florida � whose mailing add=ess is 400 N, Myrtle Avenue , Clearwater, FL 34615, hereinafter called "Licensee", WITNESSETH: �r'EiEREAS, Licensee desires to construct and mainCain a eertain pipeline or duct vork, solely for the transmission of natural gas, hereinaftet called "Pipeline" under or across �he track(s) and property owned or controlled by Licensor at or near Tarnpa, County of Hillsborough, State of Florida, at a point 1,872 feet westwardly measured along �he center line of Licensor's main track(s) from Licensor's Milepost SY-863, hereinafter called the "Crossin�"; as shown on print of Licensee's Drawing 1, dated January 26, 1995, attached hereto and made a part hereof; other details and data pertaining to said PipeLine being as indicated on Licensee's Application Form, dated January 26, 1995, also attached hereto and made a part hereo£: hOW, THEREFORE, in consideration of the mu�ual covenants , conditions . ternis and ag=eements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: L.1 Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A} Licensar's present and future right to occupy, possess and use its property within the area of the Crossing ior any and al1 purposes; limitat:�ns and contained; (B) All encvmbrances, conditions, covenanCs, easements, and applicable to Licensor's title to or rights in the subject property; (C) Compliance by Licensee with the terms and conditions herein does hereby license and permi� Licensee to construct, maintain, operate, use, alter or change said Pipeline at the Crossing above use stated above, for the term herein staCed� and to rem termination. repair, renew, solely for the �ve same upon 1_ 2 The term Pit�eline , as used herein, shall include only the pipes , ducts, casing, vents, manholes, cortnectors, fixtures, appliances and ancillary facilities devated exclusively to the transmission usage above wi�hin the Crossing, and as shown on attached Application Form. 0 0 CSXT Form 2037-G - Page 2 �avisad April 1993 � Agreement No, CSX-023858 1.3 No additional Pipeline or Wireline or other facilities shall be placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. 2. LICENSE FEE; TERM: 2.1 In lieu of annu.al payments and in consi.deration of Licensor' s waiver of future fee increases, Licensee'shall pay Licensor a one-time nonrefundable License Fee of ONE THOUSAND THREE HUNDRED FIVE AND 00/100 U.S. DOLLARS ($1,305.OQ) upon execution of this Agreement. 2.2 However� Licensee assumes sole responsibility t�r, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments l�vied against Licensor or Licensor's property soLely on account of said Pipeline or Crossing. 2.3 Effective Date of this Agreement shall be the date first written above. License shall be revocable only in the event o£ Licensee's de£ault� as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for �.he purpose(s) above, (b) removal of the Pipeline� and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTRUCTtON� MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, wor�anlike manner, using quality materials and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having jurisdiction over the Crossing or Pipeline. 3.2 accordance Liceasor, recited. Location and construction of Pipeline shall.be made strictly in with design(s) and specifications furnished to and approved by and of material(s) and size(s) appropriate for the purpose(s) above 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's track(s). 3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting witliout the separate express written consent of Licensor. As a CSXT Form 2037-G - Page 3 Revised April 1993 � Agreement No. CSR-023858 condition Co such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3,5 Any repairs or mainCenance to Pipeline, whether resulting from acts o£ Licensee, oY natural or weaCher events, which are necessary to proCect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in oxder to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of Che Pipeline, and if tha same is not performed, may make or contract to make such repairs or renewals, at Che so].e risk, cos� and expense of Licensee. 3.7 Neither �he failure of Licensor to object to any Wozk done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, ].iability and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimbuzse Licensor any loss, cost or expense (inGluding losses resuLting from train delays and/or inability to meet �rain schedules) ar�sing �'rorn any failure of Licensee to make or from improper or incomplete repairs or maintenance of Pipeline. 4. PERMITS, LICENSES: 4.1 Before a_zy work hereunder is performed, or before use o£ the Crossing for the contracted p�rpose, Licensee� at its sole cost and expense, sha].i obtain all necessary permit(s) (including but not liunited to zoning, bui7.ding, const=uction, heal�.h, safeCy or envirorunental maCters) , let�er(s) or ce=tificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit. its activities to the terms of such permit(s) � approva�.(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, require�ents and laws o£ any governmental authority (state� federal or local) having j urisdiction over Licensee's activiti�s, including the Zocation, contact, excavation and protection regulations of the Occupational Safety and ti.eaLth Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" -"Call Before You Dig" requixements. 4,2 Licensee asswwes sole responsibility for failure to obtain such permit(s) or approva�{s), for any violations thereof, or for costs or expenses of compliance or remedy, 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation upon Licensox's property, Licensee, at its soLe cost and expense, shall: � ' 0 _ CSXT Form 2037-G - Page 4 Revised April 1993 @ Agreement No. CSx-023858 (A) SupporC track(s) and roadbed of Licensot, in a manner satisfactory to Licensor; (B) Back£ill with sa�isfactory material and thoroughly �amp all trenches to prevent se ttling of surface of land and roadbed of Licensor; and (C) Either rernove any surplus earth or material from Licensor's property or cause said surplus eaYth or waterial to be placed and dis�ributed at location( s� and in such inanzler as Licensor may approve . 5.2 After construcCion of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and other distuYbed property of Licensor; and (B) Erect, maintain and periodically verify Che accuracy af aboveground markers, in a form approved by Licensor� indicating the location� depth and owneYShip of Pipeline or related facilities. 5.3 Licensee sha11 remain responsible for any settlemenC of the track(s� or roadbed for a period of one (1) year subsequent to completion of instaLlation. 6. TRACK CHANGES: 6.1 In Che event that Licensor's rail operations and/or track maintenance result in changes in grade or align�aent of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of zight-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accouimodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor tnay make or contract to make such changes at Licensee's cost. T. P1PE CHAh1GES: 7.1 Licensee shall peri.odically moni�or and verify the depth or height of Pipeline and Czossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline oz chazZge Crassing, at Licansee's expense, should such relocatior or change be necessary to cowply with the minin�um clearance requirements o£ this Agreement or of any public authority. . 7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of Pipeline (including any change in circurnference, diameter or radius of p3pe or carrier pipe, change in operating pressure, o� change ir� materials transmitted in and through said pipe), or is required by any public agency or col�rt order to dv so� plans therefor shall be submitted to Licensor for approval , before any such change is made. Af�er approval the terms and conditions of this ' Agreement shal� apply thereto. CSXT Form 2037-C - Page 5 Revissd April L993 � Agreement No. C5X-023858 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeiine/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor� causes: (a) interference (physical� magnetic or otherwise) with Licensor's. communication, signal or otiYer wires, powerlines, train control system, or �acilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, o�her property, or any appurtenances thereto; then and in eitt•ter event, Licensee, upon receipt of written notice from Li4ensor of any such interference , and at Licensee' s sole risk, cost and expense, shall gromptly take such remedial action or make such changes in its Pipeline or its insulation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or con�ract to do so, at Licensee's sole cost. $.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and•Co require Licensee to undeztake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees ta make promptly, aC Licensee's sole cost and expense, 9. RISK; LlABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statu�ory, as amended)� shall defend, indemnify and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subj ected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the fault o r negligence of Licensor. 9.2 Use of Licensor's right-of-way involves certain risks of loss or da.mage as a =e: Licensee expre Pipeline in, interf�rence w creation, fire Section, the t property o£ tr Licensee or by � ult of Licensor's rail operations. Notwithstanding Section 9.1, ;sly assumes all risk of loss and damage to Licensee's Property or �n, over or under the Occupancy, including loss of or any :th use thereoi, regardless of cause, including electrical field or dsrailment arising out of Licensor's rail operations. For this :rm "Licensee's Property" shall include pipe contents as well as ird parties situated or placed upon Licensor's righC-of-way by such third parties at request of or for benefit oF Licensee. CSRT Form 2437-G - Page 6 Revised April 1993 � Agreement No. CSR-023658 9.3 Notwithstanding Section 9.1, Licensee also expressly assurnes all risk o£ loss which may result fzom Licensee's failure to maintain either the Pipeline or Che required depth and encasement for Pipeline. 9.4 To the exter.t permitted by Srate law, as above, Licensee assumes all responsibility for� and agrees to defend, indemnify and hold Licensor harmless from; (a) all claims, costs and expenses, including reasonable at�orneys' fees, as a consequence of any sudden or nonsudden pollution of air� water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resul.ting from leaking, bursting� spilling � or any escape o£ the material transmitted in or through said Pipeline; (b) any claim or liabi].ity arising under £ederal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/oY ground watez arising thexe£rom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent , support o£ Li.censor's tracks arising from such PipeLine leakage, etc. 9.5 �bligations of Licensee hereunder to defend, indemni£y and hold Licensor harmless shall also extend to c�mpanies and other legal entities that control or are controlled by or subsidi�ries of or are aftiliated with Licensor, and their respective officers, agents and empLoyees. 9.6 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such clai.m or action. 10. INSURANCE: 10.1 Prior to commencement of surveys, canstruction or occ,upation af Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement� at Licensee's sole cost and expense, a policy of Commereial General Liability Insurance (CGL)� naming Licensee as insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MLLLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for bodily. injury liability and property da.mage liabili�y is currently recommended�as a prudent limit to protect Licensee's assumed obligations. 10.2 If said CGL policy does not automatically cover Licensee's contractual liability du=ing periods of survey, construction, maintenance and continued occupation, a specific endors�ment adding such coverage shall be purchased by Licensee. If said CGL policy is written on a"claims made" basis instead of a"per occurrance" basis, LicensPe shall arrange for adequate time for ' reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Notwithstanding the provisions of Sections 10.1 and 10,2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amoun�(s), any eontracted liability arising under this Agreemen�, under a funded program of self-insurance, which fund wi11 respond to liability of Licensee imposed by and � in accordance with the procedures established by law. n CSXT Form 2037-G - Page 7 Revised Apri1 1993 � Agreement No. CSX-023858 10.4 Securing such insurance shall not lirnit Licensee's liability under this Agsee�ent, bu� shall be additional security therefor. 10.5 In the event that Licensee or its agents or contractor(s) shall perfotm construction or demolition operations within fifty feet (50') of any operated railroad track(s) or a£fecting any railroad bridge, trestle, twnnel, track(s), zoadbed, overpass ot underpass, Licensee shall (a) notify Licensor and (b) pay to Licensor the sum of T'WO HUNDRED TWENTY FIVE AND 00/100 U.S.D�LLARS ($225.00), to cover the cost of adding this Occupancy (Crossing) to Licensor's Railxoad Protective Liabilit (RPL) Polic�y for any period of actual constructfon or demolition. 11. GRADE CROSSINGS: FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee, or any contracCor of Licensee, to move any vehicles or equipment over track(s) of Licensar, except a� public road crossing(s), without separate prior wYitten appYOVal o£ Licensor (CSXT For� 7422). 11.2 If Licensor deems it advisable, during the progress of any constzuctian, mainCenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for proCection of operations oz Licensor or others on Licensor's right-of-way, and to keep persons, equipmen� and materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor sha11 not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operat�ng Rules and existing labor agreements , Licensee may provide such flagmen, watchmen. inspectors or supervisors, during all times of constructiun� repair, maintenance, replacement or removal, at Lice:isee's sole risk and expense; and in such event� Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional ox alternative costs or expenses incurred by Licensor to accommodate Licensee's contznued use of Licensor's property as a result of Track Changes or Pipe Changes shall also be paid by Licensee. 12.2 Licensor's expensa foY wages ("force account" work) and materials for any work performed at the expense af Licensee pursuant hereto shall be paid by Licensee within thirty (30) days af�ter receipt of Licensor's bill therefor, ' subject to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supe�c�sision under "foxce account" rules, plus current applicable overhead percentages, Che actual cos� of materials, and insurance, freight and handling charges on all materials used, Equipment rentals shall be in accordance with Licensor's appLicable fixed raCe(s). � CSXT Form 2437-G - Page 8 Revised Apti1 1993 � Agreement No. CSR-023858 12 .4 All undisputed biJ.ls or portions of bills not paid within said thitty (30) days shall thereafter accrue interest at twelve percent (12X) per annum, unless limited by local law. and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance o£ each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perforui any of said covenants or to remedy any breach, within thirty (30) days after receiving a written notice from Licensor to do so (or,within forty-eight (48) hours in the event of notice of a railroad emergency) � Licensor shall have the option of immediately revoking this Agreement and the prfvileges and powers hereby conferred, regardless of license fee(s) having been paid in ,advance for any annual or other period. Upon such revocation, Licensee sha1l make removal in accordance with Article 14, •13.2 No waiver by Licensor of any breach of covenant or condition shall not be construed as a permanent waiver of such covenanC or condition, or any subsequent breach thereof, unless such covenant or condition �is permanently waived in writing by Licensor. 14. TERMINATION, REM�VAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of: (a) revocation, (b) termination. (c) subsequent agreement, or (d) Licsnsee's removal of Pipeline from the Crossing. However, neither revocation nor Cermination of this Agreement shall afiect any claims and liabilities which may have azisen or accrued hereunder, and which at the time of termination or revocatzon have not been satisfied; neither party, however� waiving any third party defenses or actions. 14,2 Within thirty (30) days after revocation or terinination, Licensee, at its sole risk and expense, shall (a) . remove Pipeline from 'the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory Co Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: LS_1 Licensee shall give Licensor's Division Engineer (5656 Adamo Drive, Tampa, FL 33619•3240) at leasC five (5) days' written notice before doing any ' work on Licensar's right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. 15. 2 All other notices and communications concerning this Agreement shall be addressed �o iicensee at the address above, and to Licensor at the address above, c/o CSXT Contract Administration, J180; or at such other address as either party may designate in writing to the other. ■i CSXT Form 2037-C - Page 9 Revised April 1993 � Agreement No. CSX-023858 15.3 Unless otherwise expressly staced herein, al,� such notices shall be in writing and sent via Certified or Registered Mail� Return Receipt Requested, or by courier, and shall be effective up�n (a) actual receipt� or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights heYein conferred are the privilege of Licensee only, and Licensee shaLl obtain Licensor's prior written consent ta any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 upon and successors Subject to inure to the or assigns. Sections 2.2 and 16.1, this Agreement shall Ue binding benefiC of the parzies hereto and their respective 16.3 Licensee shall give Licensor notice o£ any legal succession (by ' merger, cor.solidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of documents attesting to such change or Legal succession� within thirty (30) days thereof. I6.4 Licensee expressly reserves the right to assign this Agreement, in whole or in part, Co ar�y grantee or vendee of Licensee`s underlying property interests in the Crossing, upon notice thereof to Licensor. 16.5 In the event of�any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder� Licensor, at its option, may revoke this Agreement by written notice ta Licensee or any such assignee; and Licensee shall reimburse Licensor any loss, cost or expense incurred by Licensor as a result of Licensee's failure to obr_ain said consent. 17. TITLE: 17.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by Licensee's Pipeline� nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein ' created. 18. GENERAL RROViSiONS: 18,1 This Agxeement, and the attached specifications, contains the entire � understanding between the parties hereto. 18.2 Neither this Agreement� any provision hereof� nor any agreement or provision included here;.n by reference, shall operate or be construed as being for the benefi� of any third person. 18,3 Neither the form of this Agreement, nor any language herein, shall be inCerpreted or construed in favor of or against either party hereto as �he soie drafter thereof. 0 0 0 . CSRT Form 2�37-G - Page 10 Ravised April 1993 � Agreement No. CSR-023858 18.4 This Agreement is executed under current interpre�a�ion of applicable federal, state, county, �unicipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item� term� condition, covenant or agreement) hereof shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity oz �enforceability of each other separate division, or any combination thereof, 18.5 This Agreement shall be construed and governed by the laws of the sCate in which the Pipeline and Crossing is locaCed. 19. RIDERS: The following Rider(s) is/are herewith attached and included herein: [] Open-cut or tunneling construction limits [XJ Telecommunication Cable or Fiber Optic line IN WITNESS WHEREOF, the parties hereto have executed this AgreemenC in duplicate (each o£ which shall constitute an original) the date first above written. �Titness for Licensor: CSX TRANSPORTATION, INC. ay: Print/Type Name• Print/Type Title: � � Qitness for Licensee: CITY OF CLEARWATER 4 0 See page 11 for City signatures By: Print/Type Na.me: Print/Type Title: Authority under Ordinance or Resolution No. � dated � �.:,..;.:- e _ . . Countersigned: Rita Garvey Ma.yor-Commissioner Approved as to form and legal sufficiency: John Carassas Assistant City Attorney o, �i� � Page 11 Agreernent No. CSX-023858 CITY OF CLEARWATER, FLORIDA Elizabeth M. Deptula City �Ianager Attest: Cynthia E. Goudeau City Clerk COMMUN1CATtONS CABLE OR FiBER OPTIC LINE PROTECTION RIDER 1. No construction of any type pursuant or telated in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without I,icensee first giving at least thirty (30) days written no tice to the following Parallel Cable Occupier(s): ("MCI") Mr. Greg Solomon R & U Planning MCI Tel.ecommunicaCions Corporation 400 International Parkway Richardson, TX 75081 Dept. 1187/041 Phone No. (800) 624-9675 (NOTE: WRITTEN CONSENT OF � MCI IS ALSO REQIIiRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's pzoposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacen� to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting� dislocating, etc.) said wire(s� or cable(s), and appurtenances thereCo� resulCing in any way from Licensee's,exercise of rights or privileges under this Agreement. , . � 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). . Licensor: Licensee; (Initial) (Initial) (Date) (Date) ' •-� � , �:��)�. TR1�N S? 0 RTaTIO N c.:�:�. � -.:: R...�'f, 10--; APPLGaTION FOR PLS ELINE �ROSS�r YJNDER/OVE..TL PROP�tZTIES �,;�tp T�C:{ (For FtR Usc) Division �, r� ,�_ Subdiviszon GL.C�2wA1"c rt Va1 Sc:., (M�fl) Pla.ns for proposed ins�alladon shall bc subs.ict:,ci to a�.d�mc�t thc aflpro�al oi thc R�iiroad Company;.cforc construction is : Vfatcria! and insta.11�dv� are to be in stzia accordanc: with soecinc�dons of the r�+.mencan R.aiiaway Eas�inecrin�,e,ssoeiatit requircmeacs of CSX i'causpv�tscion, In� Origivai and four (4) copics ot this fo� siiall be submics.-d, accomvanied by �- 1eRer size prints of a drawi.ng showin.� plan, eievadon seczioa oi croSS.� from ficld survey, locadon � respect to m�epos� or Railroad's ris3hc-oi-way aad loczdon of adjac-at s�'uc.tura a.f�cc,tins� crossing, and all in:t�or.nadon : cquircd in Fs3ures 1 oEARE,4 Soecificadous, Part �- Pipelincs. If open euttins� or tuunelin� is nec�ssary, deca�.s ot" sh��� and method of su��� crac�.s or drivin� n�nel sha1L be saow� � L Compleie le�al n.�.me of apolic�a� ��"'�..� `''" c" �' T`." ��� ,�-�� Citv of Clearwater Televhone; 813 462- b Z Address:4 �. ��r� e ve. �y; C earwater Stacc: Fi Tp; 34b�.5� 3. If incorporased, name oi state in waic1 iacoroora�ed: F ori tiiunic,�aliry: � C�eai-�aa ter : �. Loczcion 1872 fe�t �est (aiirection) Qom ncazcst Rauroad �filc�csts S. Yc�rest Stau�on.-��pa ����y: Hillsborou3h Scac� �`Ior'i a • 6. Wi�ia limics of au�uc hi�n.way�? Ys x `to . Lf "ycs", snow chc road :�t-ot-way on princ. DOT/�R Crossi.ng �to. v/4 � 7. Tc�porary trac� su�port or rinra�pir.� rcq��' ed.� YGS �io � - DcsciDe V/A 8. Wires, ooles, oostn:cnons ca be reloc :ted? Yes �ta � - Deseioe �/ 9. 10. 1L 1.2.. L�. 14. Producc to be convc.�cd var,rral oa� F�aole? Y� � `(o Te�pe:acura �na- l�ta.e Wvr_'cin� P: cssJr� �� ' PSZ �e'.d T:se P:::ssure , �� °SL Ty_ � Tuc LS� I.ocacion o[ snut-ofi va�vcs _±� n' , nrr�, R, c� � h � F r�XT R �G7 . PIPE SP'�CL�C-�TION� G�RRIER PLPE: C�S�G P?PE: l�Late �aS 7" sroal ," �t-ool - Material Speancarions & Grade 4PT ST _ rrariP R�X4z 4PT ST , �ra�P R_ 4� lrfin.iazun Yeld Str�,�th or 1�Iacerial PSZ 5l1.�j . �Snq 1�f.ill Test Pressnre PSI ��()() - ; � �� Inside Diamete: �_ �h7�' s 1�C�" wau �� n.� 5��� �.�ss,� Oucsidc Diamcccs � �75" � . ';� Type o[ Sczm F10� , r��i s ca 1,�, •� rP�i �t we7 . Layia� I,ragt�s 56' =5' Kiad oi Joinrs �rP 1�e� rYr� 1�� Total T- 'agths Wit�ia Raiiroad Rir�t-oi-Way � QO' _ 100' ._..r. - Vcats. Nu�ber � Siu �" HeiQ.�' t aoovc ; ouad !�' Se31s: Bot,E� ends X� Ou� r.�d Bllr;+: B25C Oi ;3J1 LO (OD O� C3SZII� 5 I�.L 5 lIIc Bury: (Noe beae� tracks) 5 ie�c ( inc Bury: (Roadway disc�cs) V/A fc�z vl4 _ mc C.4T'riODIC PROTECTION: Ycs `lo X . PR�TECTTVE COAZ7NG: Ycs X No �.�d e�oxv on steel T�pc, size a.nd spac�ng of insulators vr supporrs PLastic 4" X 2" (� everv 8' centered �icrhod of inscallaaoa directional bore IF applic�dou is revisioa ro r�m� crossin�, �ve d,ate o� a�rcr.ment N/A IF aoplicatioa is apgrovad, applicanc a�rccs to rcuubursc CSXT Eor any cost incurrcd by thc Ra�road inddcnt to installa� aza�incenancr. and/or su-oervision nee�ssirated by t�.i,s pipciiae iustallation aud further agzces to assu�e all li.ab�ity for accc � or injurics w6ic�t arise a.s a resuLt of this uutallacion. Should opca cut instalIatioa bc rcquircd, anniicant wuI be r�sponsioIc a!1 coscs incuz�red by CSxT to rcmove aad reinstall rasl a.nd i.addeaca! tra�+c zesurracn�. 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'� ` l�. �n r � Z G � � � l � � �� � � � � � � a �: � a � J � a S W 1-�^ �� � U d � S� � � t� Q � G� J V �--� � N � > c� �,� � J •Q �,.. � ir � o�m � �� � � � Q F'� Z � \ .i Y Z U � y a b U s � �� a � ° o � � � � � � a � W � � ? J � >- J Or e N � W � 0.. 0 � � 0 � � � � r� u � r � � �� � t..1.� 0 0 � W w Fa t�r � o � Wa J � �, , � � �� , ..- �3� ��� i �� , � � � � � `.�,�- �, b 4/ �- Cleor,�ater Gos System � � � �~ / � Natyrd � Pr+opane Cca �.,�-,, � 40o NoRrN MrnnF �vEr,uE PROJECT LOCATION ����, ; '�° CLEARWATER, �. 3,s,s CSxT RAI�ROAD CROSSING �� �� T �� FQR "CH AR(�I E TO�NA'S" �' � s� � RESiAURANT � ' - 6 EPDXY £�°OXy, � UNDER ROAO (S/�,s� ` � � N � �� �� 2' PE 3408 � `\ ,` ' (7/86) � PROPOSED 2" P.F. ;� �,,� ., � N ATU R AL GAS ; F��,► �,�- ..,�� w . -� MAIN EXTENSI�N � ?• '°F 80 �' �� v �' s, � (���9j) `� \ �o ° � Q _� 2• � �� `\ Q� � `\ , . ` � l -� � � �w / � � � � ��. - ..___ .� -_ �ocaTioN oF �� PROPOSED CSXT RAILR�AD CROSSING � � � �s��oROUC� W sr � —�._._ a � � � �p� QOASTIlNE �� 3 S � . �-�------ = „ u.s �.� r..� � v� SR Sa0 r---�"'"'_..' /�,.'�.. �� _ �� � � � � � r n �N . � � f.�� "4 IAV SEAt•. � <, ,�1, �, � Q �� o �9�'ArEa���4 � Clearwater City Cominission ,� 1 _ . Agenda Cover Meinorandum Item # Meeting Date: ���I�� susJECT: Contract for Tire Service, Repair and Replacement ECO ENDATION MOTION: Award a one-year contract ( 1 J 5 i 9 G through 12 / 31 / 9 6), w i th an opt ion to renew f or an additional year upon mutual consent, to Stringer Tire Company, Inc., Tampa, FL, for the purchase of tire service, repair and replacement for City vehicles, at an estimated cost not to exceed $203, 971. 25 which is the lowest, most responsive and responsible bid submitted in accardance with specifications, � and that the appropriate officials be authorized to execute same. BACKGROUND: Bids were solicited on October 26, 1995, for service, repair, and replacement of tires on approximately 1,343 City vehicles operated in Pinellas, Pasco, and Hillsborough counties. Five bids were received: Don Olson Tire Service, Clearwater, FL, Stringer Tire Service, Tampa, FL, Treadco, Inc., Tampa, FL, Pride Tire, Avon Park, FL and Goodyear Commercial Tire, Clearwater, FL. The procurement of this service includes the purchase of tires, use of one, or if necessary two, tire technicians with trucks and equipment to provide daily support for hurricanes and related disasters. An analysis of the bids revealed that Stringer Tire Service, Inc., provides the services as outlined in the specifications at the lowest cost. The attached bid tab outlines points of specification relating to labor charges as well as new and recap tire prices. Fleet Maintenance intends to award this contract based upon a full service provision of labor for new and recap tires . As a result Pride Tire and Treadco Inc. were eliminated. The City may purchase tires outside of this contract as necessary. Reviewe�d by: Qriginating Dept; Costs: 5203.971_25 Cortmission Action: Legal ��� G ral ervic�s Total ❑ Approved Budget `� � � �\Tl �152,978.44 � Approved wlconditions Ptirchasing ❑ Denied Risk Mgmt. N!A �}ser Uept� Current fiscal Yr. CIS N!A � ❑ Continued to: ACM `{'�°--'`'� Various funding Source: Other Q Capital Imp. Adve�tised: � Oper�ting Attachments: Date• 8/4 & 11195 � Other Bid Tabutation & Contract / �ry� Paper: Tampa Tribune & P.C. �7 Not Required t7 None Submitted by: Affected Parties pp�ropriation Code: �� � Notified 566-06611-550700-519-000 � Not Required City ager A S.� Printed on recycled paper ty .f:�y � �j.s :i. c �xt;. .�. ., + � / � w i . . , . � - ' '}F �' Fiscal year impact for 1995/96 is estimated at $152,978.44 and sufficient funding ; has been included in the City Manager's recommended budget code 566-06611-550700- 519-000, Fleet Maintenance Operations/Tires, for this contract. Funding for subsequent years will be included in the City Manager's 1996/97 operating budget. 0 CONTRACT This CONTRACT made and entered into this day of 19 , by and between the City of Clearwater, Florida, a municipal corporation, hereinaftPr designated as "City" and Strinqer Tire Company, Inc., of the City of Tampa, County of iiillsborouqh, and State of Florida, hereinafter designated as "Contractor." WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contr��ctor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City to the Contractor, shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment as detailed in: Bid No. 22-96 - Tire Services In accordance with the City's attached technical specif ications and the Contractor's bid response, together with any instructions to bidders, general conditions, and proposal, which may be hereto attached, are hereby made a part of this contract, and all of said work to be performed and completed by the Contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor shall fail to comply with any of the terms, conditions, provisiorls or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City may, at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF TiiE CONTRACTOR' S ACTIVITIES ARISING OUT OF THIS CONTRACT, AND FURTI�ERMORE, IN CONSIDER.ATION 4F THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREE3 TO iiOLD THE CITY FREE ?�ND I3ARMLESS FROM ANY AND ALL CLAIMS " F'OR DAM�GES, COSTS OR SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAI3JST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB- CONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. 1 In addition to the foregoing pravisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or natural original. The aforesaid provision shall include, but not be limited to, the followii�g: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non- discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contractors or agreements with labor unions and/or workers' representatives, except sub- contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essencz of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $25.00 per event for each service call that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $25.00 per event shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be consfirued as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time �eriod as specified in this contract. 2 o',� IN WITNESS WHEREOF, the parties to the agreement have hezeunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA gy. • Elizabeth M. Deptula City Manager Countersigned: gy. •Rita Garvey, Mayor-Commissioner (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Carporation). 3 Attest: By. 5EAL Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: Paul Richard Hull Assis�ant City Attorney `e .�.:: � � , / , / � � 1 �,.;.�:. r /�!'�, �.. �PaY PUe OFFICIAL NOTARY SEAL Z 15�� T�n BELINDA O MASSEY � �� : `r., e COMM►SSION NUMBEFi � CC238t44 9r��F F1.��o MY COMMISSION EXP. 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BIIBJECTs �...J � �P.�Y'Watel" Clij/ CoIDIII1SS10II A$eA� COVeI' MP,.mOT'dI1C�llII1 IteM � Kertinp Dste: Purchasa of 24 Automobiles For Pclice Department RECOMMENDATION/MOTIONt Award a contract to the following vendors: Maroone Oldsmobile, Inc., Pembroke Pines, FL for the purchase of nine (9) 1996-4 door midsize sedans, at a cost of $126,495.00 (State Contract); Maroone Chevrolet Inc., Pembroke Pines, FL for the purchase of six (6) 1996 2-door midsize sedans at a cost of $100,8�48.00 (State Contract) ; Bill Currie Ford, Tampa, FL, for the purchase of three (3) 1996 sports vehicles at a cost of $55,992.00; Kaiser Pontiac Buick GMC Truck, Deland, FL, for the purchase of two (2) 1996 sports vehicles at a cost of $43,060.70; Garber Chevrolet-GEO, Green Cove Sp�ings, FL, for the purchase af one (1) 1996 compact sedan at a cost of $12,603.50; whi�ch is the lowest, or most responsive bid to tk�e Police Department requirements; award the following vehicles from Florida Sheriff's Association Bid No. 95-03-0925 in accordance with Section 2.564 (1) (d) of the Clearwater Code of Ordinances; Plaza Jeep-Eagle-Isuzu, Leesburg, FL for the purchase of three (3) 1996 4-door full size sedans at a cost of $49,387.65; and award an administrative fee of $150.00 or $50/vehicle to the Florida Sheriff�s Association in accordance with Section 2.564 (ij (dj of the Code of Ordinance; the total cost of this purchase not to exceed $388,536.�5; fundinq to be provided under the City's master lease-purchase agreement t� and that the sppropriate officials be �uthorized to exccute sac�e. BACRGROIIND: • For the last several years, the Police Department has incorporated into their fleet 24 conf iscated vehicles. Replacement of the confiscat�ed vehicles is recommended by the Chief of Police, General Services fleet staff and the City Manaqer. • The replacement purchas� will consist of mixed sizes and colors to meet the Police Department's surveillance needs. The cost for premium warranta.es was not included in the bid solicitation; $14,220.00 has been added to the bid p�ice. Reviewed by: Originating Dept: Coab: i�.536.a5 Cao�issicn Action: Legat �/�g G ral Serv' Tatal D Approved Budget �� � 0 Approved w/condittot�s Purchasing ������ [] Dented Risk Mgmt. �� User t- Current Fiscal rr. CIS O Contin�d to: ACM t i //'A. • Fundiro Sarce: Other 6 �''� ■ Cspitst I�p. Adva+,tisad: � Operati� Attach�ents: Gatt: 10/27 i 11/3l95 � Other Bid T�buletioNSu�nery Pepor: Trib i PC Rsvi�++ 0 Mot Requir�d �itted by: , Affected Parties �.�i�tian Code: C7 Mone �� C] Notifi�d 0 Mot Raquired 315-9y221-Sb41-590-000 City ger 6� Printed on recycled peper �.�...�, The sports car bid was split between two vendors. This measure was at th� request of the Police Department officials to naintain the operational integrity of surveillance and related law-enforcement activities. Three (3) vehicles are recommended from the low bidder and two (2) vehicles from the next low bfdder. This recommendation is made to provide manufacturer diversity. Fundinq for these automobiles, in the amount of $388,536.85 will come from projected motorized equipment - Lease purchase, 315-94221-564100-590-000, which has available funds of $1,187,039.27 as of December 11, 1995. Fiscal year 1995/96 budgeting impact is (principal:$70,157.38; interest: $18,134.50). � approximately $88,291.88 �:'1 � �. , 1: ; . , . � . . � r � � o v �°o °o o � a �� v�o r n m ■ s� �c r � � 4 �� � m v� o� � i u ' �'�a v�i m o .!+ � � � a � .+ .r 0 0 0 0 � � ,� o �o �o o , y � � a �v o� o. r '° .+ n r � � o. a � + a �j a� r t� � .� .� r+ .r � 0 0 0 0 0 0 � 0 0 0 0 0 0 � �1a��(] f l0 f m tfl � � N ~ H [+ M� �-1 � � �O �O 0 � .!� a � a p r ra m f N ; � � �„�, m m O� ! Of O \ 0 �ll �! Q� ei Of � ; O O � .i r1 W � o 0 0 0 0 ;i M � F� ° o 0 0 o n� �N 1-1 �D �I � m �1 p� � � a � u~i � m m � . . , . , � .�+ .�Oi .�i .°fr � o m �+ �n � p o e� �o F � p H ��I � m� a� w i � m � a x � .-� .�, �o � � u � ' �d '� � o .�-� 0 9C � M � �„� � p.� � O O � . H � � O e�1 e'1 Ill � � O lY �O NI � O M M r � � � � p� Z a m o� ., M v1 G D o �o e� o, ~ It1 F �'1 O � r1 �-1 .�1 CI 1 O O O O � ; � � Q O O O O , M � � � � � N � ; � o � Q, p o� .o m v Z � � fi. � � u�i o�� M 1 0 0 a � � � n � � o 0 0 0 ''� � � o 0 0 0 ' � � a a � � M ! O� a � N F, �o �o i o� N r-1 rl .� '1 • � pppp pppp�' O O M O O �! ; My� W � Q t+ (� �D � m O� 5!1 �7 ; W � � tl) 1-� NI m N � p� �y a �I r�l 1(1 � M N � � � OG M � � o�+ O p,� y�j N � m 'i. � � � � O rt O O � � al 1 � � _ H DO � � � o 0 o O � oC m � o a � �j a �,�-� n e �i a�� a �y H � . . . r � � x o � � �` � ,� '+ .� .+ M w w .r ei n . � � � V a w � , ' �»� �[M.� 1�f Q� V rl U1 o �� 1�1 � � H M � � � � (� AO tA tq N M v� '" � � a ��i�g �� �.n �,. � m Ifl O� �! �i c��r w � .. . � � . ia A M A� F � u � � ���� � � � � m � � � i`I r/ rl rl � � � � � H � O ►� � M A O a � H o &�` g� a ►y-� N � � � � � � � � _ � Q ►i r7 8� � �, �SEAIM�. ,,,�, ; �� � 9���tE t�`oa- SUBJECT: L� � _� �' � Clearwater City Commission � �-� �� Agenda Cover Memorandum � Purchase of a Sewer Cleaning Vehicle RECOMMENDATION/MOTION: Item # Meeting Date: I •�. Award a contract to southern SewEr Equipment Company, Fort Pierce, FL, for the purchase of one 1996 Combination Sewer Cleaning Vehicle, at a cost of $159, 770. 00, which is the lowest, most responsive bid in accordance with specifications; financing to be provided under the City's master lease-purctiase agreement, � and that the appropriate officials be authorized to execute same. BACRGROUND: The FY 1995/96 Capital Improvement Program includes $150,000 for a �Iac-Con Sewer Cleaner. The Stormwater Utility Study by Camp Dresser & McKee (CDM) recommended that one additional sewer cleaner be added to the City's fleet to support the drainage section. This vehicle will be used for cleaning main storm water lines. Six bids were received and evaluated. Three of the bir�s were less than the bid submitted by Southern Sewer Equipment. However, Southern's bid was the only bid that satisfied critical specifications requirements--a polyethylene water tank, a single rear axle and short wheel base requirement, and probably more important, a rear auxiliary engine that permits operation of the sewer system without placing the main engine transmission in gear. The lease purchase will be funded through project number 315-96112. The lease purchase debt wi11 be charged to codes 419-02090-571300-539-000 and 419-02090- 572300-539-000. Funding will be provided from operating savings and adjustments made during the mid-year budget review. With two quarterly payments anticipated in FY 1995/96, fiscal year budgetary impact is approximately $18,109.70 (principal: $14,267.14; interest: $3,842.56). Revie�ted by: 0 i inating D Costs: S 159,770.00 Comnission Action: Legal _� %LA _ � tGen al ervi Total 0 Approved Budget .: � Purchasing $ 18.109.70 Approved w/conditions Risk Mgmt. N�%� User Dept: �,1��'�� �� Current Fiscal Yr. � Denied CIS � � Continued to: ACM "-.i 12-�c.t.�' �'� Furx�ing Source: Other ❑ Capital Imp. �1 Operating Advertised: ❑ Other Attachments: t� Date: 10/27 & 11/3/95 ��.�',� Pape�: Tribune & P.C. Review (7 Not Required Subnitted by- Affected Parties Appropriation Code- �= None �-- � Notified 419-02090-571300-539-000 and "� ❑ Not Required 419-02090-572300-539-000 City � ger � �..� Printed on recycled paper -,. 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SPECIFICATION . . - • � - � FOR COMBINATION SEWER CLEANING �HiICLE C, -� `� � �� � � � � DESCRIPTION: A cornbinadon vehicle for high pressure water cleaning of sarz.itary sewers or storm sewer drain lines, with air conveying vacuum system for the simuitaneous removal of debris from a manhole. INTENDED USE: The vehicle will be used for removing stones, bottles, cans, grease, sludge, sand, and other debris from sanitary sewer andlor storm drain lines by the flushing acaon of high pressure water. The vehicle will be equipped with a self.- contained, non-corrosive, non-metallic water tank supply as the water source for the high pressure pump. The high pressure sewer cleaner �hall operate indegendently of the vacuum system. 'The vehicle shall include an air conveying vacuuan systern to pravide for the simultaneous removal of the debris flushed to the rnanhole by the high pressure water system or for the removal of debris from sumps, catch basins, digesters, wet wells, bar screens, etc. The vehicle shall be capable of being operated by one person, with aU operating controls for high pressure water, hose reel, and vacuum, located at the front of the vehicle for operator safety. -1— �jy�R� .�. � !' 1. Body I� a �'ort l- C�mhination Sew�r Cleanin„g Un� Debris storage body shall have a minimum usable liquid capacity of 9CY. B. The body shall be round for mauimum strength and constructed of 3/ 16-inch Corten aluminum or stainless steel in proper thickness, equal to 3/16-inch Corten strength. C. The rear door shall be full opening, hinged at the top, with a minimum of 5-inch diameter liquid drain for removing excess liquids. The drain to have a butterfly type control valve installed at opening. Drain will have 10' lay flat hose. D. The rear door shall have "door grabbers" and latch � hydraulically, with a minimum of 5 latches. Three manual "T" bolt latches will be installed for safety or hydraulic fa.ilure. E. A float device with exterior indicator shall be supplied to show when body is loaded to capacity. A full indication will activate a vacuum/breaker shut-down system that will completely shut down air flow to vacuum system to prevent body overfilling and wastewater discharge into the atmosphere. This system shall also be autorriatically activateci when the parking brake system is released. This will completely eliminate any wastewater from entering vacuum system while being driven. F. A double-acting, power-up, power-down, dump mechanism will be provided to raise body to a minimum 60 degree angle. To prevent the possibility of hydraulic oil contaminadon, body hoist mechanism shall be mounted on the outside of the debris tank. m li n X X X X X X G. Dump controls shall be located forward of the dumping area. A debris body flush out system will be provided. The debris body shall have a 5-year warranty, Cf prorated, so state). X -2- Non- �ompliance 2. Body/Sub-Frame Assembly � A. The auxiliary engine, water pump, vacuum compressor, �' �- �' � d b' bod d boom su rt assembl shall be e ns y an ppo y rr�ounted to a sin�le unitized w�elded sub-frarne which, in tum, is bolted to truck chassis frame. This sub-frame shall be independent of water tank to eli minate possible stress cracicing of water tank. 3. WQter Suppiy A. The water tank shall have a usable capacity of 1,000 US gallons. 4. : � The water tank shall be constructed of non-corrosive, non-metallic, durable cross linked polyethylene or equal material. The water tank may be mounted at and below the truck frame level. D. The water tank shall have 10 year replacement warranty (if pro-rated, so state. ) E. A 2 1J2-inch diameter, 25-foot long hydrant hose with fill filter and anti-siphon device will be installed on unit. F. A minimurn of 4 each quick removal hatches shall be provided for access to the water tank for flush-out or to be used to fill tanks or add chemicals to water tank. G. A sight gauge to indicate water level will be located within sight of the operator stadon. H. The water tanks shall be protected by 11-gauge steel plating mounted below water tanks. Positive Displacement Blower A. A Roots Rotary Lobe positive displacement blower shall be provided capable of � minimum 3,500 CFM;s at 204- inches of water. -3- L,o v'�R� � x x x X X X x X X X 0 �. 0 0 � � . _. . . . .. ._..... ... _. ........ .... . _...----...:...__......._... _...._ . . . ,_. ....,.,. :.:......_. ., .:. .. ,� 5. B. The compressor shall operate independently of the high pressure water system and be powered by the truck chassis engine via hydrostatics, The compressor drive shall be a close�d loop hydrostatic �ystem using a variable piston purnp and motor. This system shall include a heat exchanger. The hea.t exchanger shall be pcoGected by a 30 micron filter and cold weather bypass valve. A 10 Betarnicron return loop filter and a 10 rnicron Absolute. (No bypass). X C. A rneans of starting and stopping the vacuum sucdon frorn the operator stadon at the front of the vehicle shall be provided. X D. The blower sha11 be prot.�ected by two 3-inch diameter vacuum relief valves. The system will incorporate an air/water separator and a sound silencer to separate material beforc it enters blawer and to e�sure quiet operation. E. The blower shall be mounted on a frarne independent of the water tank. Auxiliary Engine, Hydraulic Lift, and Suction Hose X X A. Auxiliary engine will be liquid-cooled, diesel fueled 4-cylinder, industrial type, with a minimurn of 239 CID and 110 HP rninimurn at 2,200 RFM. Fuel source to be from truck system. X B. 'The 8-inch diameter hose will be mounted on a boorn which will provide a minimum of 18-foot vertical lift from ground level and full 180 degree boom rotation, with a lift capacity, at the front burnper of minirnum 700 lbs. C. The boom will be powered hydraulically; up/down, by dual lift cylinders. The righVleft mo�ons shall be accornplished by a hydraulic gear rotation. D. Vacuum hose will be 8-inch hose upper and lower ends with a fixed steel elbow for wear. E. Control of the boom shall be by means of a"joy stick" control at the operator station, and also by means of a 6-way pendant station. -4- X x X x : %� ` .. ........ ,�. ........�. •.�-.....�...�.. �..� ..... . ... _.. ... .�. � r7 F. c Alurninum pipe extensions to clean to 33-�'eet shall be carried on tsuck, G. Suction hose shall be transported on �;�e front bumper. H. A boom tie-down with lock shall be suppli�d tv k�g —boorn in static�nary position while unit is iraveling. -� � I. Telescoping boom shall be supplied that will telescope a minimurn 5-foot straight forward from operator's stadon. There shall be a heavy duty steel elbow affixed to end of boom. High Pressure Water Purnp A. : C. D. Water pump shall be rated 3,000 PSI at 60 GPM. X ' X Water pump shall be triplex, plunger-type pump, with condnuous smooth pressure and the ability to run dry. An accurnulator shall be provided, if necessary, to allow for smooth continuous pressure. The pump shall operate independently of the vacuum system and be powered by the auxiliary engine via direct belt drive. E. Controls for starting and stopping the pump will be at the operator's station. Jet-Rodder Hose Recl Assernbly A. The i�ose reel assembly shall be mounted on the front of the vehicle. : C. � The hose reel shall be a rninimum of 30-inch inside -diarneter with a capacit�+ of 1,000 feet of 3/4 inch hose. �oo�{ The hose reel .will be hydraulically powered in both d'uections. All hydraulic hoses shall be behind a steel housing to protect operator from hydraulic oil if a hose fails, The hydraulic motor, chain and sprockets will have a protective cover. ov�'� {_ " X X X X X X �� � �i X �� � Q 0 E. Hose reel will articulate 180 degrees allowing operator to work in any position through this arc, Reel to include an outrigger that will hydraulically drop to any one position across its operating range for stability. F. All controls for operating the high pressure water system will be mounted on this reel assernbly frame. 8. .Manjwle Cleaning Water Systern A. The high pressure (Jet Rodder) pump and independent water tank assembly furnished for the rodding system will be used. : C. A rninimurn of 20 GPM and a rnaximum of 600 PSI will be supplied, One full functioning hand gun with on/off handle, replaceable nozzle tip, one foot extension and 35-feet of 1/2 inch high pressure hose. D. The hand gun should attach to the system via quick couple passenger side rear of cab (to include hose rewind reel). 9. Jet Hose A. 100{} feet x 1-1/4 inch high pressure jet hose, rated for 3,0(}� PSI working pressure and 7,5000 PSI burst pressure will be provided. B. Two(2) heavy duty hose guides will be provided. C. A hose level wind guide will be provided. D. Nozzles will be provided as follows: 1. 1 S degree sand-type penetrator, 2. 30 degree round head sanitary, 3. 5-inch culvert nozzle assernbly, 4. Storrn nozzle and pipe assernbly. -6- X x X X f3 X 600' X x X X X X __� � . 0 10. a ll. M�s��ua�o� r��� A. One(1) tooi box between cab and module. B. Two(2) sealed and locking tool boxes will be provided, �one on each side of unit. C. Hose counter with tensioning device. � D. Guarantee on all cle.aning equipment for 1 year. E. Front and rear tow hooks. F. High pressure flush-out systern for the debris tank. G. Rear mounted arrow board, H. Hand-held spotlight. I. Snorkel nozzle assembly with 5-foot pipe. J. Electronic back-up alarm. K. Tviro(2) side steps on each side of body. L. 3-inch gravity drain system to allow liquids to be retumed to the manhole without having to reposition vehicle. M. Auxiliary engine lrill switch. N. Any items required for a totally functional piece of equipment shall be liste� on a separate sheet and submitted with your bid. Safety Items (Not listed elsewhere) A. 5-lb fire extinguisher mounted for access from the ground, right side. B. All steps and deck to be slip resistant. " C. All safety rnarkings required by State and Federal laws. . D. Strobe light mounted at rear of vehicle enclosed by metal cage. _7_ �v�R) .�..� X X X X .X X X X X X X X X X X X X X � � 12. Paint (See Part 3) 1. 2. 3. �' j'arr 2 - CarnPr ERgine A. Diesel, turbo charged. B. Six(6) cylinder. C. 250 HP. D. Dr�►-type air cleaner with restriction indicator. E. Oil filter. F. Fuel filter. G. Governor (engine protection). H. Duat 50 gallon fuel tanks. I. Vertical exhaust. Cooling System A. Heavy duty radiator. B. Fan with clutch. Electrical System A. 12-volt electrical system. B. Alternator 90 amp. C. Dual batteri�s, 71 amp 535 CCA. D. Keyed ignition/starter. E. Interior lights. _g_ X X X X X �_ X X X x X X X x � X X 0 � x ! , � � 4. 5. 6. 7. � 9. F. Warning lights or gauges monitoring the following systems: 1. Charging system, Z. Engine oil pressure, 3. Transmission oil pressure, 4. Engine coolant temperature, 5. Hydraulic oil pressure, 6. Engine RPM, 7. Hour meter, 8. Fuel gauge, Trazsmission A. Allison MD 3060 or larger. Azles and Suspension A. GVWR - 39,000 lbs. B. Front axle - 16,0�0 lbs. C. Front springs designed for axle. D. Rear axle - 23,000 lbs. E. Rear springs designed for axle. Steering A. Full power steering. Brakes A. Air b�akes on all wheels and maxi-brakes on rear. Wheels and �res A. Front - 3$5/65R 22.5-in tires mounted on 22.5-inch x 12.25-inch 10-hole steel disc wheels. B. Rear - 12R 22.5-inch 16-ply tires, 22.5-inch x $.25-inch ]0-hole steel disc wheels. Wheel Base A. 156-inch from cab to axle. C� E+�.� x X � X �� X � . x x X X .� X 20 , 000 X 20, 000 X X X X X X X � . ,...._. ......... .............. . .,... .. ' . • 10. Frame and Bumpers � A. Frame shall be factory reinforced, heavy duty, B. Heavy duty front bumper with two(2) tow hooks. C. Two(2) tow hooks on rear. 11. Cab A. Cab shall be built of steel. Fenders and tilt hc�od may be fiberglass. B. Driver and passenger seat to be covered with heavy duty material. C. Driver seat to be Bostrum air ride or equivalent. I?, Equipped with cab grab handles on both sides. E. Air horn mounted on driver's side of roof. F. Equipped with sun vi��rs and arm rests on both sides, 12. Comfort Item.s A. Heater and defroster. B. Factory installed air conditioning. 13. Safery Irems A. S-lb. fire extinguisher mounted for access from the ground, left side. B. R.ight and left West Coast stainless steel mirrors 6-inch x 16-inch with convex mirrors. C. All lights and reflectors required by State and Federal laws. � D. Back-up alarm. E. Mud flaps - no logos. F. Strobe light mounted on center of cab roof in metal cage. x x X x X X __ X_____ X __________ X ___�___._ X X X X X ___X ____ X J��� 3 _________ ________ � __________ � _________ ' , � . � � • t 2 { i . ! � � ; � rr . . 14. 15. PUTI1pS. and PTO �S A. All pumps and PTO's required to operate the sewer cleaning unit described in these specifications shall be installed. Miscellaneous ltems A. Any item not specifically described but required for operation or provided as standard equipment by the manufacturer are to be provided. 16. Paint (Se� Part 3) 1. 2. Part 3 - G�neral Re�►�iremer�ts Paint A. Truck cab and mounted unit shall be rnanufacturer gloss white. B. Undercarriage tanks, other iterns rnounted on undercarriage, the front bu mper and the front mounted hose reel shall be painted rnanufacturers gloss black. Warranty . A. Bidder shall provide detailed information pertaining to the entire unit and who will provide the service. B. At a rninimum, the following coverage shall be provided: 1. Debris storage body - 5 year, 100ib, 2. Water tank or tanks - 10 year, 100 90 3. Posidve Displacement Blower - S year, 1009� 4. High pressure water purnp - 5 year, 100% 5. All cleaning equipment - 1 year guarantee. -11- �j yCRJ X X X X X X X ..._'�t'— X __ X _._ ; ;� i N 3. 4. lKQlI1�1S A. Two(2) operator. � B. One(1} shop - maintenance. c. Two(2) parts. Literature A. Literature pertaining to the piece of equipment bid shall be provided with the bid when submitted. VBidpm Comawclv.wp5 -12` 0 X ________ X _____.� X X 1 ...r�,. . �. . �� / - '' _ ..�: .. , j . �. �� 969 Hal! Park Orive Green Cor� Springs, Florida �2043 Telephone: (904) 284-0200 Falc.• (9U4) 284�305 Faxabil'r�� (9�4) 28d-02T8 ��� '_� � M Nove�a►ber 27, I995 City of Clea��water, FL This will confinm that VAC-CON wiu extend a full l U year wanranty on the water tanks to be provided. r�,� �_.��� 1• •• v•. ' , � . •„ .. _ _ _._.....,�., „r �nn� SPECIFlCATI�NS VPD3fi90THA �l�C-��TN. Ge�erat The rnachine wi11 be a combinatian type used fior r�emoving sand� grit, gr�ease, sludge stones and other material from sanitary sewers, storm sewers, catch basins, purnpi�g stations, and other facili6es, The machine shaJi have a setf cantained water suppty for use with a high pressure sewer deaner, The nigh pressure sewer cleaner shal{ operate independentfy from t�e vacuum pick up systern The rnacttii�e shall include an air conveying system capable of simutt�neous remcval of debris ftushed tQ the manhole by tt�e sewer Geaner sysbem, or debcis cemoval frorn catch basins, y-umps, digestors, wet wells, eec. The vacuum syst�em shall include a sealed body far sfiorage and �+emo�ral of ti�e collected debris. The rnachine must be fu�y operabonal by one man, and al! operatin9 cuntroRs located at the operators stabon in �ron( of the truck far convenier�ce and operator saf�ty, lit. Water Tank i. Body The vacvum sto�age tank shatl have a m,nimurn useable capacity of 9 cubic ya�ds. The body shatt be cyfindrical in shape and desi9ned fac m�amum strength lt shalf be oonstructed of 3116" Cor-Ten steel to wifhstand corrosive materials. tt shall be equipped with a fuil opening re.ar door bcked and unbcked by mQans of a hydrauGc bc�dng rnechanism. A non-iMratable gasice�i shafi be provided in the door bo seal the bnk A body +drain valve and drain hose will be provided on the rear door. This witl allow the draining off of ��cessive tiquids wh7e keeping solids i� the vacuurtd body. A bad level indicator w�l be suppGed on the exterior of the vac�um body which will ic�clude an autocnatic vacuum shut oif to prevent ovet filling. A t�tter shall be ptrn+�dad to cantro! material in the air strearn in the iront section of t�e body. A ltydraurc method of dumping tt�e body shafl be provided The dumPm9 an91e shal! be a minimum of 60 degrees tor eas�r cemvva! of material. ControRs w� be located on the fbrward part of the nrachine to pcotect operato� trom the disct�arginq rna9erial. 11. Posifive Disptacernent BbNVer The positive disptaoerneni blower shall be capabte of a mininwm 3600 CFM's at 20a" of water. The blower w�11 be powered by the chassis engine by means of a hydrnstatic pump and motor, A means of sbrting and stnpping the va�uum tram the operatots station ai t�e front of the machine will be prvvided. 'Tt'e blower shall be pro�eeted by (2) two 3" diameter vacsium re�ef vatves. The system will incorporate an air/tiratet s�parator and a sound sifencer to separabe trraberiat betore it enters b�ower and �a enstue quite operatiun. A water starage tank with a rni�imum useable capacity of 1040 gaf. witl be provided. The water tank w�71 be canstrvcted of durable cxoss- Cnked po�yethylene to reduce weight, eliminate any carrosion and rust, and eJirninate stress cracking. A 2-1/2" hydrani fill hose with anti-syphon protection wili be supplied. A sight gauge to indicate waber leve! will be locafied within sight of the operatror station. ' N. Water Purnp A quintuplex� p)unger type water pump will be supplied with a design capac�ty af 100 GPM and 3400 psi. The pump shall be driven by the au�aTiary diese! engine, Controls for starting aRd stopping t�e pump and to vary the flaw trom 4- 55 gpm and 3000 psi wilt be at the operatcrs station in front of the vehide. The pump v+n'It be prot�ect� by a relief vahre . and also be c�abte of tunning dry without damage to the pump. V. Awaliary Engine The engine wi�t be Gqu;d caoled� di�e! fueled, heav� duty 4 cylinder industrial typa with a m'snimum vf 239 c;�bic inch disprac�rnent, and 110 HP. Automatic satety shutdown for 1ow a'1 or high temperature will be provided. All gauges neoessaty for normaf operation wiq be included. Vt, Rodder System A hose reel assernbly shat! be mour�ted on the front of tt�e vehic!@. It shall be mounted such that it ran be d"esmou�ted easiiy tor servic� or mainten�ce reasons. The hose ree! shall have a minimum o� 30 �inch inside diam�ter and be mounted such that it does nat extend beyond legal limils frorn the tn 11'{f h11T�nr i �� meebng at least the manufactvrers minimum � � requiterr�ents. ; , X!. Z� 35 " X 14" x 7'Z" tooi boxes w71 be provided. 1} 16.5' x 42" x 72" storage bax behind thc cab wn'lt also be provided. � ! 0 � 0 FORO LN8000 FpRD FD.14g4 25pHP 2200 RPM 800 FT. L8. Q 1300 RP�A'S AWSON M03060PCR 20.000 LB. FRONT AXLE ?3�000 lB. RE4R AXL.E W8=222'. CA--156'. A�=7S. OAL�25' 23,000 Ib. Rodcwell RS-23-160 Steet 1 S Axle Ratia 6,43 20,000 Ib. Front Axie 2Q,000 tb. Fco�tt Suspension 2�l500 Ib. Capacity wJ45Q� tb. Auoc 15.9 SM 110000 PSI Sg! Ch,armel batted (no drop s�ctions) Air 9rakes Rcar Cam 18S x T Air �rakes FroM Rockwell S Cam 16.5'x6' Ditfetent�al, Maitt Non-Lxking Wheel Seais • Rear C.R SGCtseal Pku Drag L�nk � %e Rods, Greasesble Magnetic Traps Dtain Plug i�qnelic Traps FiU Phrg Pawer Steering, I�tegra! Ross TAS-6� U-Jo'mt Spivet 1710 HD Shock Absorbers Front Dbl Aci Telesccpie Wheei Seals Frt Stemco Uri�t'�zed Guardian Drain Codcs - Manua� Air CArnpressor 13.2 CFM. 8end'a Tu�F10 550 Slack AcfNster Fcont Autarnatic Stac3c Adjuste,r Rear Atr�omatie 8rak�e Chambers R4ar 3036 Ancfio�iak Stan�lard Interioc Trim Charc�al Griqe Bti9hi Hoad - Fotv+rard T ilting Ftont E�d Hom Singk E3edric Mirrors Delbar Westem Stainkss Ste�! 1Mndshiejd Tinteti Larninated Glass VYt�dshi�,ld �Rhpers Two-Speed Eiet�'ic T�nted Glass All Around Heater F�esh-Air Steerin� Whee! 20" L'}�a. Cigar Lighter Dash 1Vlotart�d Rac�o E)edrnnic AlMIFM Map Pocket LH Doat S�at 9e1� Lap 3 Shoulder Nationa�f Lo-8ack wl�td irRerior Tsim Drivas lnd'rv F�ati�ona! Lobadc Cush-N-Aire Pauenger F'aed Base Ait cot►ditioairt9 � sets parts � setvice mantrals FRONT GAWR — Compone�t—Ra�ng Front Axk: 20000 Susper�siatr 20000 TiresJVlfieels: 20000 Front GAWR: 20000 Air Cteartier Mtd Restric�on indicator Gaug�s - Dir Resdng Air Pres Oil Pres Paricing Brake Conbral Dash Maunted Speadometer E}et�ric • MP}�1KMH Tacnometer Q�tric Front cxanksh�tit powtr take otf GaugGS-FJe, vott, Coo! Temp. Fue! W�urt Li9ht � 8uzzet InsttuQnertt Pand City OeGvery Turn Signa! S1Nitctf Hobh� €ngine Haa Meter Oil Pnes Ac#ivated Circuit Proteda�s Ftasher Emergerny Cab Ligtrts Niaricer Truddite (5 tights) Head Ughls Two Re�angular Halogen 7a�1 laghts Two wlinteqral Sbop Tum Sigr�a! b 5'rde Nlerker comb l.amps FR AJt 95 Amp Mota�craR Integrai Bati 2, 71 Amp 535 CCA Motonxaft Vertieal Mut�ftr and Pipe RN ' Air Ciesning S'ingle - Sta�e Dry�ype Coolant F�ter C�rnnn Fleetgv�nd Spin On Fuef FilterMla�ter Sep Foni Chaa�is Mtd o� �e.� Two � tin Ct. Fu�i Flo�► D3sp Fue! Putnp Mecttianics! Govemor Me�! Starter Deloo 12V SlPush Btsiton Slrritch Thtott�e Lockir�g T-Handiz Fan C3utch • Eaton 680 Opdonal 'D' Typa Fuel Tanks mtd flush witfi cab Steel� 50 Cal l.�i � RH Pune White 4Z5185R�Gt2.5.1 Goodyear Front Ti� 22.5x'122510H Disc Whee! Frottt 12R22..S-16 Goody�ar Unlsttel TD Rear Tir+e 22.5x8.2510H Disc WheeJ Rear 8umper froM Fuq Width , Standard Fotd Werrarriy Stat�onary Gr� Air hom REAR GAWR — Compor►ettt---R.ating Resr Axle: 23000 Suspension: 24500 irt�sMlheels: 25280 Rea� GAWR: �3Qa0 Frame WeigM Rating: 40500 GWVi'�: 40500 � :�'r k:,=., �:. �:: ��,: r,. �. . � � t�AT � o� � � � � ' `J �.� , �. ���� � � ;: , � , �,\iSEAI"�.C'� �; ,I, � � T "� - C y9 `--- �0�,, �'�A„IEA,�,•,e Cle.�rw,itcr City Comrnission ��f� �� ��CI1CI�j Covcr Mcmor�inclum 6UBJECT: Xerox copier maintenance agreem�nt � � � item # Meeting Date: � . ��, �� RECOMMENDATIt?N/MOTION: Renew a one year contr�ct from C�2-Ol-9G to 01-31-97 for equipment services from Xerox Corporation, Tampa, Florida for an estimated price of $38,220 in accordance with Code Section 2.564(1)(b) sole source � and that the appropriate officials be authorized to execute same. BACKGROUND: The high speed Xerox co�ier, located in Graphics Communications, is used to produce approximately 300,000 copies per month for City departments. Critical jobs run on this machine inclucle ayeizda pac}tets, budget books, annual reports and a multitude of other City corresponclence. In order to ensure that th� machine remains in good operating condition, a maintenance contract is necessary. Xerox is a sole source vendor, due to the proprietary nature oC this equi�ment, and has consistentl.y provided prompt competent service. Services are provided as stated in City of Clearwater Bid #03-92. The cost of the maintenance agreement is bas�a on a moi�thly flat fee, a fee for the first ten (10) impressions of each original and a fee for the total number of copies per month. Xerox has incr�ased these monthly fees by 8.888% over last year, resulting in a corresnor�diny in�r�ase in the City's yearly costs (from $35, 100 last year to $3II, 220 tlzis year) .`T'he maintenance figure is based in an estimated usage of 300, 000 co�i��s la�r. montli, �rhich is unchang�d from last year. Fees are calculated as fol.lou!s: 12 months * (monthly fee) C� $1,070/month) 12 months *(150,000 originals/month for 10 first impressions)*.0099 12 months * (300,000 copies @ .0021/�er copy) Reviewed by: Legat Budget Purchasing Risk Mgmt. 1S ACM Other N A �N A ' xzs��..�.�,{._ N/A Su4nitted by: 1 City Manager � �.� Printed on recycled paper Originating Dept: Inforrnation Manag User Dept: Atl Advertised: Uatc: P�ipe r . � Not Rcquired Affccteci I��rties ❑ Notificd � Not Required Costs: � 38,22U Total �; 19, 110 Current Fiscal Yr. furxling Source: � Cr�pital lmp. � Oper�3ting � O�ncr �l��ropriation Codc: 555-f)9225-546200-519-000 _ $12,840 = 17,820 = 7,560 $38,220 Cornnission Action: 0 Approved ❑ Approved w/conditions ❑ Denied p Continued to: Attachments: � None :' ;, .. _ 2 _ ,. . , �a � Historically, Xerox billing runs two months behind, hence the FY1995/96 Information Management budget will 1ae impact�d for only six (6) payments of this contract. Funding is available in the FY 1995/96 Information Management operating budget. Funding for the FY 1996/97 operating cost will be included in the department line item operating request for that year. SEAIMa � � ,,�, -� . � �.:. Q 4��'ATfA��'�� 1 t em �t � Meeting DAte: Clearwater City Cc�mmission �-� �,�Agenc�a Cover Memorandurn '— � �� ' I•1� SL'BJECT : Purchase liquid polymer for the Water Pollution Control Division. - - __ . RECOMMENDATION/MOTION: Award a three year contract from 1-5-96 through 1-4-99 for the purchase of polymer from Allied Colloids Inc., Suffolk, Virginia for an estimated $327,000, being the lowest most res�onsive bid submitted in accordance with the specifications, � and that the appropriate officials be authorized to execute same. ...�...� � �..�.��.� BACKGROUND: Polymer is needed as a at the Marshall Street solids thereby hauling thickening and dewatering agent far wastewater sludges plant. Polymer is used to separate water from the more solids and less water per shipment. Seven polymer vendors were each mailed a letter and invited to bench test their products and select a product that produced the best results. Each vendor's product was then tested for dewatering capabilities. The top three vendors with the best results were invited to participate in phase three, actual field trials with their product using the equipment under normal working conditions. After the results from the field trials were available, each vendor was informed of their results and asked to submit a bid based on performance. All bench tests and field trials were conducted under the supervision of an independent contractor. The low bid price was established by multiplying�the price per pound of product by the pound of product required per ton of dry solids. Three bids were solicited, three bids were received; there was zero "no response" and zero "no bid". The 95-96 Engineering/WPC Operating budget includes sufficient funding for this contract through 9-30-9G; funding subsequent to that will be included in the department's Operating budget requests. Revi ewe�d by: Legal Budget Purchasing Risk Mgmt. CIS ENG ACM Other submitted by: City Manage�� N/A � _ N/A A '� S. ! C.y N/A Originating Dept: Engineering/ User Dept: Advertised: Date: 09/22/95 -� Paper: Pinellas Cty � Tampa Tribune ❑ Not Required Aff ected Parties � Notified ❑ Not Required � Review, 0 Costs: S est. 327.000 Total � est. 82,000 Current Fiscal Yr. F�r�di ng Source: � Capital Imp. � Operating 0 Other ApQr�priation Codc: 421-01351-550400-535-000 Comnission Action: 0 Approved � Approved w/conditions � Denied � Continued to: Attachments: eid Tab ❑ None _.,_. .., t�i-,�, PL O ts. a: U � H z w 5 � 0 H � Q � � � � H a � � a � � � A { W �� a �a °a z a H � Q Ho a 0 u w H � Y'1 Of Of r� � 1'1 M � � a 0 � m O � N c� � a�a . u \ O +�-i 11 H � N � aai q i n u � � � o w a U O � �-+ a a a � � Q a o a o N o cn a m � � cn a � o u Z w u W F � ii U w n l--1 '?� N 11 a q u u u � � o �' °a �+ w r� x �n �0 o � o cn P� N i� N YL Q tl 'T..i O� �f \(� O cO II H '� rl 11 w an ii u u w a ° H °a '� OG � a � A a o n tn OC � � A f-� W HN � H � � � W A � x � O a � z°) '� � Gi f�l ri Fj� N 7. � A M N z � `o Q �a � � �H W [s7 Cl t-� � (+1 M O O � O� M � r� N � � H Qy� �• O U H V va] a u o a �°n �a vai ca cn m �a w Q A o 0 w m z z � .. �., � ! i i �� �.. .� , . _,., ..:.. � ,. .. .. . . BID TERMS AND CONDITIONS 1. SCOPE _ r (���y, .. � � �-� r, +L . . ; ;. i _� i` ��� I + ( Page 1 of 2 Bid No. 183-95 The purpose of this bid is to establish a firm price source and delivery of polymer for the beltpress dewatering process, at the Marshall Street Wastewater Treatment Plant, at 1605 Harbor Drive, Clearwater, Florida. Only companies that qualify, by meeting th� minim�m test requirsments, will be permitted to bid on the contract. The contract wili be for three (3) years. The polymer is to be purchased in accordance with the attached specifications, by the City of Clearwater Purchasing Department. 2. QUANTITY For bidding purposes, vendors can use the estimated yearly usage of 100,000 liquid pounds. However, no guarantee is made to the successful bidder as to the total amount of polymer to b� purchased per year or over the life of the contract. 3. BIDDING AND AWARD 3.1 The bid proposal form will contain a qualified emulsion type product, listed by manufacturer's name, the name of the exact product to be supplied, a performance number, representing the amount of polymer ,(in wet pounds), used to produce one dry ton of solids, (based on trial data). Each bidder wil! provide a price per pound for their product. This price will be multiplied by the performance number, t#/Ton), to give the cost per ton. The price per pound shall include freight cost from source of supply to destination, as well as any special handling cost or equipment necessary to utilize product. 3.2 Award will not necessarily be made to the lowest responsive bidder, based on cost per dry ton of solids. The City reserves the right to award the contract based on the determination of what is best for the City. Award will be on an all-or-none basis. 3.3 All prices quoted shall remain firm for three (3) years from the date of contract execution. 3.4 The first polymer order will be subject to a trial period, during which time, a represe�tative of the supplier must demonstrate the same performance characteristics for the product as was used for bid purposes. Failing to meet same performance characteristics, could result in re-awarding the contract to a second bidder. A -1- Page2 of2 Bid No. 183-95 4. USE OF PRODUCTS OF OTHER SUPPLI�RS The City of Clearwater reserves the right to purchase sufficient quantities of polyme� products from other suppliers, during the terrn of the contract, for the purpose of testing and evaluations, 5. COMPLIANCE WITH SPECIFICATIONS 5.1 Bid only in strict compliance with these specifications. 5.2 If there are any questions as to the Specifications or Terrns and Conditions, contact Mr. Ken Gilmore, Engineering Dept., {813) 462-6660. 6. GENERAL CONDlT10NS 6.1 Signature on the bid cover sheet verifies that the bidder is acquainted with the General Conditions of the contract and will comply with all � Specifications and Terms and Conditions contained in this bid invitation. 6.2 The C+ty of Clearwater reserves the right to waive any inforrnality in, or reject any or all bids, and to withhold the awarding of a contract for a period of not more than si�cty (60) days, aiter the date of the bid opening. 0 ...2_ PRODUCT SPECIFICATIONS 1. SCO PE Page 1 of 3 Bid No. 183-95 Under the contract resulting from this bid invitation, supplier shal! furnish and deliver an emuision type polyrner product, for the use as a sl�dge ftocculent, for the beltpress dewatering process, for a period of thirty-six (36) rnonths. 2. MATERIAL The material to be furnished wil! be evaluated by the WastewaterTreatmentdivision. By subrnission of this proposal, bidder guarantees that the product offered will meet the following specifications, and performance standards, when in ordinary use, by the Wastewater Treatment Division. A. VISCOSITY - Product must be compatible with the existing polymer system. B. TEMPERATURE - Products effectiveness shall not be altered significant(y, due to ternperature. Supplier wilt provide recommendations f�r handling product. C. �H - Product must not cause adverse effects when dewat�red sludge is subjected to an alkaline, (high pH�, material. D. SHELF LIFE - Product rnust rnaintain 90% of its effectiveness for a period of six (6) months after delivery. Physical and chernical characteristics of the product shall not change during this time period. If product so(ids has tendency to settte or separate, vendor rnust supply necessary equipment to maintain solids in suspension. A totebin mixer will be rectuired. E. Product and cornponents of product shall meet the requirernents for non-hazardous materials, according�"to the guidelines of the Hazardous Waste Act, (effective 11 /19/80). F. Product must not cause an adverse effect, in any way, in the polymer system, the dewatering system, lime stabilization process, or the receiving streams, or that would require additional treatrnent before discharge. g. If product contains clurnps or gel solids, vendor will be required to supply necessary screening equiRment. If excessive, product will be return�d at vendors' expense, and credited to City. 3. PRODUCT CONTAINERS Product wil! be delivered in returnable totebins �300 gallons), with return being coordinated or established by vendor, and at vendors' cost. Defective containers, leaking produci, or preventing norrnal use, wit! be returned at vendors' cost. -3- � Pag e 2 of 3 Bid No. �83-95 PR�DUCT SPEClFlCATI�NS CONT.� 4. DELIVEFtY 4,1 The polymer shatl be de{ivered to the respective plant, between the hours of 0730 and 1600, Monday through Friday, unfess otherwise arranged by the Treatment P{ant. The City wili not be responsibie for any charges, ifi delNery is made at other than the aboue specified times, unles.s previously scheduled by the Treatment Plant. 4.2 The polymer must be de(ivered within four (4) working days a�er placement of order. For expedient reception of delivery, Plant should be given a twenty-four (24) hour notification of anticipated deiivery time, 4.3 Vendor wiii be responsible for timely removal of empty totebins. 5. F�EJECTION OF MATERIAL If any shipment of pofymer is proven to be befow the quality required by the Product Specifications, the City reserves the right to reject that shipment. The rejected material shall be removed by the vendor at the wendor's expense. The Vendor shall then replace the rejected material with satisfactory material or credit the City, with the full de(ivered price, of the rejected material. 6. CANCELLATION OF CONTRACT 6.1 Either party may cancel the contract in whole or in part, giving sixty (60) days prior written notice. 6.2 Should the polym�er for any reason prove unsatisfactory for the purpose intended, or should the pofymer not perform in accordance with values established during pofymer trials, or should there be a decline in effectiveness, resulting in 20% increase of usage for a period of foutteen (14} days and can be attributed to the vendor's quality contro( rather than to changes iri the characteristics of the sludge, the city reserves the right to cance! the contract with thirty (30j days written notice. 6.3 If the vendor is in consistent violation of the Service or Material Specifications required, the contract may be canceled with thirty (30) days written notice. 7. TEGHNICAL SERVICE 7.1 In case of emergency, regarding the poiymer product, the vendor will be required to provide technical assistance within twenty-four (24) hours of notification of such need. To insure that this can be met, it is further specified that the vendor have a qualified technical sprvice repres�ntative residing in the state of Florida� througho�ct the contract period, or otherwise guarantee in writing, the 24hour on-site assistance. - -4- ■ � i � Page 3 of 3 Bid No. 183-95 . 7.2 Service catis must be performed once a month, to discuss product i' efficiency, and process optimization should be performed quarterly. ' 8. PATENT INFRINGEMENT The 'Vendor shali indemnify, save harmless, and defend the Engineering Department and the City of Clearwater from, and against, any and all suits, � actions, legal proceedings, claims, demands, damages, costs, expenses, and ,''• attorney's fees incident to any infringement, or to any cfaimed infringement, of � any patent or patents in the manufacture and sale, or either thereof, of the ! material furnished under this contract, or in any way connected therewith, or ; with the use thereof, by the Engineering Department, of the City of Clearwater, � Florida. � -5- 0 � GENERAL REQUIREMENTS 1. Product must be supplied in returnable buik containers. Disposable drums are not acceptable. 2. Bulk containers must meet the following specifications: a- Containers must be of sufficiently sturdy construction to be capable of being moved on plant grounds by a forklift without damage. b- Contai�ers cannot exceed a space limitation of 4 1!2 feet in width or � diameter and a maximum height of 8 feet. c- Containers must have provision for insertion of a product mixer. d• Containers must have a standard U.S. 2 inch pipe quick-connect capability j for hook-up to the City's polymer feeding equipment, or must include at no cost adapters to achieve quick connect capability. '; e- Vendors will be responsibie for timely removal of empty bulk containers at no cost to the City. f- Polymer offered in bid must be certified as commercially available in production quantities, g- No dry polymers or manic polymers will be acceptable. 0 -6- ;■ �■ � . Bid No. 183-95 ;, B1D PROPOSAL FOf�M - MARSHALL STREET The polymer product listed below qualified to participate in the bid process. Bidder shall bid only on the product listed. Note: Return two (2) copies in the bid envelope. LBS. POLYMER ! PRICE / PRICE ! MANUFACTURE PRODUCT DRY TON SOLIDS X LB. POLY = DRY TON Ailied Cottoids, Inc. Percol ?75 12.74 #! Ton �1 •� 13.89 P.O. Box 820 Suffolk, VA 23439-0820 Attention: Bid Department (804) 538-3700 DELIVERY : 4 AR4 TERMS : 100% Net 30 � -7- Bidder Name Charles A. Lord, Jr. Handwritten signature by authorized officer of firm or agent North Amer�.can Sales Manager (804) 538-3700 Title Phone # October 9, 1995 Date 0 S Al•�. cZ ,,1, s }�+ _� 4 9�°�'�ir�p�`o� � � Clearwater Ciiy Commi.�,sion Agenc�a Cover Memorandurn '^ . J . � � � Item # Meeting Date: SUBJECT: Land Development Code Amendment - Clarifying Nonconforrnity Section (LDCA 95-24� RECOM M ENDATION/M OTION : Receive draft Land Development Code amendrnent and refer it to the City Clerk for advertising for public hearings. ❑ and that the appropriate officials be authorized to execute same. BACKGROUND: Staff has identified the need to clarify the nonconformity section of o�r Land Developrner�t Code in order to ensure that rnis�nderstandings do not occur with regard to changes of use of properties. We want to ensure that parking and landscaping stand�rds are upgraded in conformance with the applicable code section$, regardless of whether there are existing nonconformities on the property or not. This ordinance will need to be reviewed by the Planning and Zoning Board and Development Code Adjustment Board. The following tentative p�blic hearing schedule is proposed: BOARD ACTION DATE CITY COMM1SSiON RECEIPT & REFERRAL JANUARY 4, 1996 PLANNING & ZONING RECOMMENDATION FEBRUARY 6, 1996 DEVELOPMENT CODE ADJUSTMENT RECOMMENDATION JANUARY 25, 1996 CI�'Y COMMISSION FIRST READING MARCH 7, 1996 CiTY C�MMISSION SECOND READING MARCH 21, 1996 Reviewed by_ l.egal Budget Purchasing Risk Mgmt. CIS ACM .J.r.�___. N/A N/A N/A ���_ � S�6eittcd by= Ci ty Msnager �� � p � �.. � ,.,,`�, .t - - i.� Qrinted on recycteci paper Originating Dept: CENTRAL PERMITT[NG �J� User Dept: Advcrtised: Date: Paper: � Not Required Affected P�rties � Notified � Not Required Casts: S N/A Total � Current Eiscal Yr, Fu�ding Source: i7 Capital Imp. ❑ Operating l7 Other Approprintio� code: comn; ss; on 1►ct; on: C1 Approved ❑ Approved wlco�ditions � Denied [7 Continued to: Attachments: DRAFT ORDINANCE � None �C� \0\ \ AN ORDINANCE �F THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 42.21, CODE OF ORDINANCES, TO PROVIDE FOR IMPROVED CLARITY CONCERNING THE APPLICATION OF LANDSCAPING AND PARKING STANDA.RDS FOR NONCONFORMITIES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ��jon 1. Section 42.21, Code of Ordinances, is amended ta read: Sec. 42.21. Nonconformities. (1) Purpose. It is recognized that, over time, lawful nonconformities may develop as a result of arnendments to the zoning atlas or land development code which change the application of city development regulations to particular properties. It is important that such properties, while nonconforrning, be adequately maintained and permitted to continue, but not expanded or enlarged. Where possible, such nonconformities should be made, wholly or incremetally, conforrning. (2) Application. The provisions of this section apply only to lawful nonconformities, except as noted below. Unlawful nonconfornuties are considered violations of this development code. Nonconformities associated with signs are not governed by this section, but are govemed by chapter 44. (3) Definitions. As used in this section, the following terms have the meaning ascribed to them below: (a) Dimensional nonconformity rneans any nonconfonnity involving a ciimensional or numerical development requirernent. This may include, without limitation, nonconformities associated with density, lot area, lot width, lot depth, setbacks, height, floor area ratio, buildi�ng coverage, open space, number of parking spaces, size of parking spaces or travel aisles, landscaping area or material req�uirements, vegetative buffer width, flood elevation or protection requirernents, coastal construction control line setbacks, or separation requirements between particular uses or zones. (b) Lawful nonconformity means any nonconformity involving a dirnensional or numerical requirement or use of property that affects a structure erected or a lot created in confornuty with the then-applicable development requirements of the i;ity, but subsequently made nonconforming by action of the city through a zoning atlas or land development code amendment. (c) Nonconforming use means any nonconformity involving the use of property. This may include, without limitation, nonconformities associated with a use not permitted in the zoning district in which it is �ocated, or a use conditionally allowed in the zoning districts in which it is located but for which no conditional use permit has been obtained. (4) Dimensional nonconforrnities. (a) Vacant land having one or more dimensional nonconformities may be used for any pernutted or conditional use allowed in the zoning district in which the land is located provided that any structure proposed for the use meets . all applicable dimensional and numerical requirements. (b) Structures having one or more dimensional nonconformities may be used for any permitted or conditional use allowed in the zoning district in which the structure is located, and uosm anx change in such use sha 1 com�lv with the requirement� of xh landsc�ping and parkin� st�ndards of sections 42.�7 and 42.34, res�ect. ivelv. Such structures may be expanded or enlarged, provided the extent of the applicable noncQnformity is not increased or new nonconformities are not created. If damaged, destroyed, or reconstructed to an extent equal to or greater than fifty percent of their appraised value, such structures shall meet all applicable dimensional and numerical requirements, except density or floor area ratio which may be retained at the prior nonconforming level but not increased. (5) Nonconforming uses. (a) A nonconforming use is allowed to continue unless the use is discontinued for a period of 365 or more consecutive days, and there are no substantial good faith efforts to re-establish the use during this period. Thereafter, the structure or property associated with the use may be used only for a conforming use. Conditional uses discontinued for a period of 365 or more consecutive days shall be regarded as nonconforming uses and shall not be re-established without new conditional use permit approval. (b) If a structure in which a nonconforming use is located is damaged, destroyed, or reconstructed to an extent equal to or greater than fifty percent of the structure's appraised value, the structure shall be reconstructed in conformance v✓ith all applicable dimensional and numerical requirements, except that a n�nconforming 2 single-family residential use may be reconstructed within the associated structur�'s original setbacks, (c) A nonconforming use may be allowed to be replaced by another nonconforming use of lesser intensity upon approval of a conditional use pernut by the planning and zoning board. In addition to finding that the proposed conditional use meets the general standards of approval for conditional uses of section 41.052, the board shall also find that che proposed use is more nearly compatible with the surrounding properties than the �nonconforrning use which it replaces, as measured by traffic or noise generation, site activity, hours of operatian, and other factors that rhe board finds relevant to differentiate between the uses. �ection 2. The pr�visions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan, ��tion 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Leslie K. Dougall-Sides Assistant City Attorney 3 Rita. Garvey, Mayor-Cornrnissioner Attest; Cynthia E. Goudeau City Clerk f ��1�� � �' ,��� � � , � .___.- � C�eanrva:zr i:ity Conn�mission Agenda Cover Memorandum Item � Meetiny pate: l • �/ � l� O IVIYI SUBJECT: Land Development Code Arnendment Establishing Zoning Standards for Police �ubstations. (LDCA 96-01) .. - - - - - �� RECOMMENDAT'ION/MOTION: Receive pro�osed Lanci Development Code arnendment and refer it to the City Clerk for advertising for public hearings. ❑ and that the appropriete officials be autho�ized to execute same. BACKGROUND: An increasing trend in law enforcement is to provide cornrnunity-based policing. Often this requires the establishment of temporary or longer-terrn police substarions in various neighborhood. The attached ordinance provides a mechanism by which temporary or perrnanent police substations can be established in any zoning dis�rict in the City nf Ctearwater. The ordinance adds pofice substations to the definition of "utility facility," establishes conditio�al use permit standards for polic� substations, and provides for approval of temporary po{ice substations as temporary uses. �"his ordinance wiil need to be reviewed- by the Planning and Zoning Board and Developrnent Code Adjustrnent Board. The f��llowing �entative public hearing schedule is proposed: BOARD ACTION DATE CITY C4MMISSION RECEfPT & REFERRAL JANUARY 4, 1996 PLANNING & ZONIIVG RECOMMENDATION FEBRUARY 6, 1996 DEVELOPMENT CODE ADJUSTMENT RECOMMENDATI4N FEBRUARY 8, 1996 ClTY COMMISSION FIRST READING MARCH 7, 1996 CITY COMMISSION SECOND READING MARCH 21, 1396 Revie�+ed by: Originating Dept: Costs: t_ M/A Ca■�ission Action: Legat CENTRAL PERMITTING�� Total ❑. Approved Budgct N/A_ • ❑ Approved w/conditions Purchasi ng N/A = � D�' � R�sk Mgmt. NL �r D�- � / Current Fiscal Yr. ❑ Continued to: �� A�%�-' POLICE �� Fuedi� source: - � Capital Imp. CRT ��„L„_ Aclv+ertised; � Operat i ng Attacl�ents: Dete: � Other DRAFT ORDIHANCE {2� Peper: � Not Requ�red Sub�itted by: Affected Parties � None Ci ty Manager ^ 0 Not i f i ed Ap�x'cpa'iati on Code: � � Not Required � Printed on recycled paper ORDINANCE NO. AN ORDIN.ANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODB; AMENDING SECTION 35.11, CUDE OF ORDINANCES, TO REVISE T'HE DEFIr1ITION FOR UTILITY FACILITIES TO INCLUDE POLICE SUBSTATIONS; .AMENDING SECTION 41.053, CODE OF ORDINANC�S, TO ESTABLISH CONDITIONAL USE PERMIT SUPPLEMBNTARY 5TANDARDS OF APPROVAL FOR UTIIITY FACILITIFS/POLICE SUBSTATION SUBCATEGORY USFS ; AMENDING SECTION 41.171, MODIFYING CAPTION TO TABLE OF ADDITIONAL REQUIREMENTS FOR TEMPOItARY USFS T.ABLE AND CLARIFYING THAT TEMPORARY PA.RKING LOTS ARE COMMERCIAL �ONLY AND ADDING A CATEGORY AND ESTABLISHING REQUIREMENTS FOR POLICE 5UBSTATIONS AS TEMPOR.ARY USES; PROVIDING AN EFFECTIVE DAT'E. BE IT ORDAINED BY THE CITY CONIMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 35.11, Code of Ordinances, is amend�d to read: Sec. 35.11. De�nitions. The following words, terms, and phrases, when used in this development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; * * x� * * Utility facility means the use of land, improvements or facilities thereon by a public or private utility, including but not limited to potable water facilities and pump stations, remote switching stations, wastewater treatment plai�ts and lift stations, Qolice substations, electric substations, and power generation facilities. This definition does not include transmission and distribution lines, water or sewer mains, backfiow preventers, transformers, traffic signal control cabinets, and similar equipment not generally considered to be struct�ires. * * * * * Section 2, Section 41.053, Code of Ordinances, is amended to read: Sec. 41.053. Supptementary standards by category of use. The standards in this section which apply to the identi�ed category of use shall supplement the general standards of use identified �n section 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. * * * � x� (29.2) Utility facilities may be allowed as a conditional use in all zoning districts except the limited industrial and public/semi-public districts, where they are allowed as a permitted use, subject to all of the following: (a) �'he size, scale, mass, noise generation, emissions generation, traffic generation, and appearance of any buildings, struch�res, and facilities shall be reasonably cornpatible with surrounding land uses. (b) The use shall be buffered from adjoining properties in a manner consistent with its size, scale, mass, noise generation, emissions generation, traffic generation, and appearance to ensure compatibility with sunounding uses. At a minimum, the use shail rneet the perimeter landscaping requirements of section 42.27(3) for nonresidential properties, unless located in an area where the environmental characteristics rnake such buffering impractical. Police substations rnay be exempted from these rec�uirements if, in the opinion of the p�anning and zoning board� comvliance with the requirements is unnecessarv for compatibilitxwith the surroundin uses. (c) The use shall cornply with all of the general standards contained in section 41.052. * * * * * Section 3. Section 41.171, Code of 4rdinances, is arnended to read: Sec. 41.053. Temporary uses. * * * * * (2) Use types. Temporary uses shall be limited to the following; * * � * * (j) Temporary commercial parking lots. (k) Police substations. (3) Standards. The following guidelines shall apply to all allowable temporary uses: * * * x� x� 2 ( fl The following additional conditions or requirernents shall apply for each allowable ����ed temporary use: Additiortal Requirements for Ternporary £�ses Maximunt Curnulati ve Allowable Time Period for Each Separate Use (per Site per C.alendar year or• absol�cte time lirnitation, as Use a licable Permitted Districts * � * * � * * � * * Section 4. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 5. This ordinance shall fake effect immediately upon adoption. PASSED ON FIRST READINr PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Leslie K. Dougall-5ides Assistant City Attorney 3 Attest: Cynthia �. Goudeau City Clerk ;� �� a c� ��1, � = : c� 9,p�� � - �`p@•. .•�, C� � , . �learwater Ciiy Cornmission Agenda Cover Memorandurn �-- C. � I t em �! Meeting Date: �1 SUBJECT: Land Development Code Amendment - Estabiishing "Research and Technology Production" Use _ _ (LDCA 96-02� RECOMMENDATION/MOTION: Receive draft Land Development Code arnendment and refer it to the Cirty Clerk for advertising for public hearings. ❑ and that the appropriate officiels be authorized to execute same. BACKGROUND: Staff i�as identified the need �tQ create a new use, "Research ar�d Technology Production," to perrnit �igh tech production and assernbly uses in cornrnercial zoning claasifications subjectto conditional use perrnit compatibility review. This ordinance is in response to a proposal to relocate an intraocutar lens production company to a four acre Cornrnerciat Center zoned property, bringing a significant high tech medical research employer to Clearwater. With the declining market nationwide for retail and office space, and the desirability to attract high tech operations to our community, such an amendrnent should allow and encourage an appropriate wider range of land uses in our cornrnerciat zoning categories and permit this use in other zoning districts. This ordinanc� will need to be review�d by the Planning an� Znning Board. The following tentative public hearing schedule is proposed; BOARD ACTION D�1TE CITY COMMISSION RECEIPT & REFERRAL JANUARY 4, 1996 PLANNING & Z09VING REGOMMENDATlON FEBRUARY 6, 1996 �ITY COMMISSION FIRST READING 11/�ARCH 7, 1996 CITY COMMISSION SECOND F�EADIRlG MARCH 21, 1996 Revier+ed by: Originating Dept= Costs; S N/A Camnission Aetion: Legat L rj S CENTRAL PERMITTING Tot�t [] Approved Budget N/A 0 Approved W/conditions Purchasing N/A � 0 Denied Risk Mgmt. N/A User Dept: Current Fiscal Yr. CIS N A 0 Continued to: ACM '� - ' �., Fundi ng Source: C] Ca�ital Imp. Advertised: � Operating Attnchments: Date: 0 Other ORAFT ORDINANCE � Paper: � Not Required , Su6aitted by_ Affected Parties � Nane City Manager � ❑ Notified Appropriation Code: � Not Required � 6e� Printed on recycled paper ORDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 35,11, 4(?.424, 40.434, 40.444, 40.464, 40.474, 40.503, 40.523, AND 41,053, CODE OF ORDINANCES, T4 REVISE THE DEFINITION OF MANUFACTURING," TO PROVIDE A DEFINITI�N FOR "RESEARCH AND TECHNOLOGY PRODUCTION USES," AND TO ALLOW RESEARCH AND TECHNOLOGY PRODUCTION USES AS PERMITTED OR CONDITIONAL USES IN VARIOUS ZONING DISTRICTS; ESTABLISHINGSUPPLEMENTARY CONDITIONAL USE PERMITS STANDARDS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CIT� COMMISSION OF THE CITY OF CLEARVI/ATER, FLORIDA: Section 1. Section 35.11, +Code of Ordinances, is amended to read: Sec. 35.11. Definitions. * * * * * Manufacturing means the mechanical or chemical transformation of materials or substances into new products, including, the assembiv o,� f component parts, and the production or refinin� of ��g ' , ' , ' , ' , goods, materials, or foodstuffs e� �a�t�,, except those uses covered below under the definition of "research and technolo�uroduction uses." * * * * * Research and technolo�,production uses means such uses as medical, optical and scientific research facilities. clinics and laboratories. pharrnaceutical compounding and photo ranhic processing, facilities, and facilities for the assemb� of electronic com�onents, optical equipment, and precision in�truments. * * � * * Section 2. Sections 40.424, 40.434, 40.444, 40.464, 40.472, 40.503, and 40.523, Code of Ordinances, are amended to read: Se�. 40.424. Conditionai uses. Within general commercial districts, the following uses may be allowed as conditional uses: * � * * * 18 Research and technolo�x.production uses. Sec. 40.434. Conditional uses. * * * * * �,�° _ , Within infll cornmercial districts, the following uses may be allowed as conditional uses: * * * * * 2�2,� Research and technology production uses. * * * * * Sec. 40.444. Conditional uses. Within highway commercial districts, the foliowing uses rnay be allowed as conditional uses: * * * * * 1� Research and technology production uses. * * * * * Sec. 40.464. Conditional uses. Withi.n commercial center districts, the following uses may be allowed as conditional uses; * �x �x � * 13 Research and technolog�.production uses. * * * * * Sec. 40.474. Conditional uses. Within downtown/mixed use districts, the following uses may be allowed as conditional uses: * * * * * (9) Manufacturing uses , , � � (10) 4utdoor retail sales, displays and/or storage. (11) Chilci day care. (12) Gasoline statians. ' (13) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. � 14 Research and technolo�y production uses. ' � � � * * * Sec. 40.503. Permitted uses. Within fimited industrial districts, only the following uses and structures designed for such uses sh�il be permitted: ■.` .. * * � * * 14 Research and technology_production uses. * * * * * Sec. 40.523. Permitted uses. Within research, developrnent and office park districts, only the following uses and structures designed for such uses shall be permitted: * * � * * (5) Research and technolo�aroduc�ion uses: ' , ' , , �� � , , ; � ; �G�B) Accessory dwellings for security purposes; L7,�) Accessory uses, including certain alcohol ic beverage sales uses as specified in sections 41.071 and 41.072. * � * * * Section 3. Section 41.053, Code of Ordinances, is amended to read: Sec. 41.OS3, Suppiementary standards by category of use. The standards in this section �which apply to the identified category of use shall supplement the general standards of use identified in section 41,OS2, No conditional use shall be authorized unless deterrnined to meet all of the standards applicab(e thereto. * * * * * (15) Manufacturing uses may be allowed in the infill commercial. downtown/mixed use, research, development and office park, urban center (core) and urban center (eastern corridor) districts subject to all of the following: (a) The hours of operation are compatible with surraunding uses; (b) The volume of traffic generated by the use is compatible with surrounding uses; (c) Any noise, wastes. or emissions generated by the use are �s compatible with surrounding uses; (d) In infill comrnercial districts, a rninimum lot size of 10,000 syuare feet shall be provided for this use; and (e) The use complies with all of the general sta�dards contained in section 41.052. * * * * * (29 1) R,earch and technologx uroduction uses maX be allowed in the �eneral commercial. infill commercial, highway commercial, commercial center, downtown/mixeti use districts subject to all of the followingi .� The hours of operation are compatible with surrounding uses� � The volume of traffic g�enerated by_ the use is com�atible with surrounding uses: �c„� Anv noise, wastes, ar emissions generated by the use are compatible with surrounding uses: and ,� The use complies with all of the general standards contained in section 41,052. * * * * * S i n 4. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Sec ion 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: , �� Q,.�.�.�Lt. i� .� r,1 "�s�= Leslie Dougall�5ides Assistant City Attorney Attest: Cynthia E. Goudeau Ciry Clerk , i . i . ; . # . . � . ; ' i �. ' . . , , . . . j � I � � • Z � • ' � � . • \ •• 4 • • . . ' � . • � . • • • .� . � •. � ' . . •' , • s ' i i . ! i � . � . .. s � . i ' • f � i . .. . a � � � � u . • �� • � � .� , . . f • . . , ; � . i• ' ., ' ' . . � � � � � , `' � � 5 „ . � '� �,� � Clearwater City Com�aission Agenda Cover Me�orand�m SUBjECT: JOINT PR4JECT AGREEMENT WITH THE STATE OF FLORIDA item #: Meeting Date: ' ( � ' RECOMMENDATION/MOTION: Adopt resolution #96-05 and approve a Joint Project Agreement with the State of Florida's Departrnent of Transportation to install natura) gas mains during the widening project of State Road 54 (Rasco County) frorn Rowan Road to Mitchell Bypass, at an estimated cost of $107,982.39, 0 and that the appropriate officials be aulhorized to execute same, BACKGROUNU: The State of Florida's Department of Transportation has a project to widen State Road 54 from Rowan Road to Mitcliell Bypass. This joint project agreement (JPA) �vill provide for tl�e installation of gas mains by t1�e State's general contractar for the project which is proj�cted to begin May, 199G. Having the general contractor install the gas mains will allow for this work to be done in a tirnely manner and release Clearwater Gas System (CGS) from any penalty payments because of delays to the project. All restoration cost are saved as the beneral col�tractor is responsible for these costs under this agreement. This JPA provides for labor only at an estimated cost to CGS of $107,982.39. This will be funded by a first quarter transfer from Gas Revenues to a new C1P code 315-96320 called Pasco New Gas Mains & 5ervices to fund this project. Monies for this purpose were included iii the FY 95/96 budget to be fiinded by a Gas System Expansion Bond Issue. These bonds are now projected to be sold in the third quarter of FY 95/96. The transfer of Gas Revenues for this project is, in effect, a loan from the City's cash pool, and is anticipated to be an interim solution as these monies will be reimbursed to the Gas fund once the new bond monies are available and the Gas System Bond Funds established. Reviewed by; Legal 6 udget Purchasing Risk Mgmt, IS ACM Other N/A N%A ,— • �-._ City MtafiaKe � PrintecJ on recycled paper Originating Departsrent: a Costs: Cleanvater Gas System � User Depariment: Clearwater Gas Systern Advcrtised: Uatr: Pap�rr. i�1 Not Requiied Aifected Parties C] Notif+ed [SJ Nat Rcyui«�d Estimated $107,982.39 Estimated 3107,982.39 Current Fis Funding Source: [Z� C�ipital ImprovemenC Cl Operating: ❑ Othcr. Appropriation Code 315-96320-5G3U00 53 2•0(10 Tota Commission Action: ❑ Approved O Approved with Conditions O Denied O Continued to: Attachrncnts: Joint Project Agreement IZe� . �19h-Q5 ❑ Non�� ► • •► ►•'• / A RESOLUTION OF THE CITY OF CLEARWATER. FLORIDA, REGARDING UTILITY JOINT PR4JECT AGREEMENT BETWEEN THE CITY OF C�..EARWATER AND THE STATE OF FL(�RIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZII�iG THE EXECUTION OF AGREEMENTS FOR INSTALLATION AND ACCEPTANCE OF NEW CITY FACILITIES; AND AUTHORIZING THE PLACING OF FUNDS WITH THE STATE OF FLORIDA DEPA.R.TMENT OF TRANSPORTATION FOR TH� C�MPLETION OF THE UTILITY INSTALLATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the State Highway Systern, from Rowan Road to Mitchell Blvd., which shall call for the installation of new City gas facilities over andJor under said highway; and WHEREAS, the City requires installation of gas mains within the construction limits of this project; and WHEREAS, the City has heretofore authorized that plans and specifications be prepared for the installation of said new City facilities over andlor under said highway; and WHEREAS, the plans and specifications have been prepared and approved by the City Gas System; such plans and specifications to be made a part of the Department's highway construction contract; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 That the City of Clearwater enter into a Joint Project Agreement with the State of Florida Departrnent of Transportation for installation by the Department of said new City facilities designated as Utility Job 3515/6517, Section 570, State Road 54, and that the Cit;> assume all costs incurred in the respective utility installations, which costs are estimated to be $107,982.39. ��ction 2 That the Mayor and City Manager be authorized to enter into such agreements with the State of Florida Department of Transportation for the installation and acceptance of said new City facilities. �;�o ;�s,tiQn 3 That the estirnated costs of such utility instaliations as set forth above be paid in advance to the State of Florida Department of Transportation in accordance with such utility installation agreement. I 996. PASSED AND ADOPTED this day of , Rita Garvey, Mayor-Commiss�onea� Attest: Cynthia E. Goudeau, City Clerk sr.nr�t, o� ri.��xtn,� t�et�ntrr�a�rr aF� nUUrsroit7.�lio�r Jnli'dT PRUJEG'l' AGREEME�'V`I' UTII.ITY IN5T:�LLA'I'ION �3Y �IIG�itiVAY CONTRACTOR �vo�v�tci�lBURS��L� Fotu,t ��o-oiaa2 v►�.►rn�s • oa�9a ra�e i at s THIS AGREEMENT, made and entcred into this day of 19� by and beh�•een the STATE OF FLORIDA DEPARTMENT O� TRANSPORTATION, hereinatter referrcd to as the FDOT, and Ctearwater Gas Systems, hereinafter referrcd to as UTILITY, an organization organized and etisting under the laws of Florida Florida wit►h its principal ptace of business in Clearwa t�r �ounty of WITNESSETH: Pinellas State of WHEREAS, the FDOT is constructing, reconstructing or otlieRVise changing a portion of the State Highway Systern designated by the FD4T as State Project I�1o. 1�570-3515, Road No, 54, frorn E. of Rowan Road to Mitchell BYpass, which shall ca11 for the adjustment, reloeation and/or installation of tl�e Utility's faczlities along, over and/or under said hightivay; and WHEREAS, the plans for the said construction, reconstruction or other changes to be made, as above described, have been reviewed by the FDOT and the UTILITY, said above described UTILITY relocatian, hereinaf�er refened to as "Utility Work" ; and WHEREAS, th� term "Cost of Utility Work" shail include the entire amount paid by the UTILITY properly attributable to such work; and WHEREAS, the UTILITY has eYpressed its desire to assume all costs incurfed by t��is Utility Work and has requested the FDOT to inciude in said Project certain pians and specifications to meet the UTILITY'S needs; and WHEREAS, the �DOT and the UTILITY have detemuned t��at it wouId be to the best inter�st of the general publi; and to the economic advantage of both parties to enter into a JOiNT PROJECT AGREEMENT, hereinafler referred to as "JPA?" providing for such work; Follows: NOW, THEREFORE, in consideration of the mutual covenants hereinaf�er contained, it is agreed by the p�rties as 1, The FDOT and the UTILITY shall participate in a JPA, the scope of which �vill cover onI_y the UTILITY facility wiihin the limits of t��e project as included in thc plans znd cstirnate of lhe FDOT contraet, rnore spccit'ieally deseribed �s installation of g�as facilities, The estirnated eost of said projeet is $107 � 982 , 39 iricluding �llowances; and tl�e mcthod of payrnent is spccif ied in E�tiibit "A" attached hercto �nd made a part hereof. �or.��t �iaoia:z IJi�It.[l'IEiS • 04/9a 1'aKa 2 ot 5 2, The liTIL1TY �vill prep�u'e, at its e::pensc, the design �u�d plans for all ot tl�c neccssar}� Utilit}� Work specificd above, and ��rill fumish to tlie FDOT no later c}��i _Januarv 15 __, 19��' , complete origic�al plans, sarne as FL�OT's contract pl�ns, all suitable for reproduction by tlie FDOT, together with a complete set of speciFcations covering all construction requircrnents far ltie Utility Work. Final plans shall be complete in e��ery detail and will include a "Swnmaty of Quantities" sheet. It will be the responsihility of the UTILITY to coordinate the development of the Utility SJVork plans �vith the FDOT'S plans. The FDOT, upon request b�� the UTILITY, will furnish all a�-ailzble highw�y inforntation requi.red by the UTILITY for the development of t�ie Utility Work pl�ns; and the FDOT shall cooperate fully with chc UTILIT� to this end. 3. All of the �vork on the 3PA is to be done according to the plans and speciCcations of tlle FDOT w}iich plans and specifications are, by reference hereto, made a part hereof. The UTILITY �vill be responsible for verifying the accuracy of the FDOT'S underground sun-•cy informatioi�, and will also be responsible i'or any changes to tl�e UTILITY'S plaiis made necessary by errors or omissians in the FD4T'S survey information as fiinvshed to the UTILITY. All errors, omissions or changes in the design of che Utility Work �i�ill be the sole responsibility of the UTILITY. In any conllict bet��een UTILITY and FDOT specifications, the FDOT'S specifications will govern. All Utility Work covering facilities to be relocated to a position �vithin the FDOT right of way �vili be accommodated in accordance with the FDOT "Utilitv Accommodation Manual." a. The UTILITY, at its e�cpense, will furnish al! engineering inspection, testing and monitoring of the Utility Work, and �4z11 also furnish the FDOT'S engineer with progress reports for diary records, approved quantities and amotints for weel:ly, monthly and final estitnites. AlI �eld survey control for the Utility Work will be furnishcd by the UTILITY under the supervision of t�ie FDOT'.S engineer. The coordination of the Utility Work with that of the FDOT contractor and other UTILITIES and/or their contractors will be the responsibility of the FDOT, and the UTILITY shall cooperate fully in this matter. All information required for Changes or Supplemental Agreements pertaining to the Utility Work shall be promptly furnished to the FDOT by the UTILITY upon the request of tlie FDOT. �. The FDOT �vill provide the necessary engineering supervision to assure construction is in compliance �vith t��e plans and specifications hereinafler reFeri-ed to, and shall receive all bids for and let all contracts for said Utility Work all at tlie sole expense of the UTILITY. All bids for said Utility tiVork shall be tal:en into coc�sideration in the a�vard oi bid on the FDOT Project and the UTILITY shall have the right to revie�v and reject �ny and all b�ds on the Utility Work. If said bids exceea the FDOT'S estirnated cost by more than ten percent (10%), the FDOT may elect to participate in the cost involved in the Utility Work. Stach participation shall be limited to the difference betwecn the FDOT'S officiai estimate plus ten percent (10°l0) and the amount a�varded for the� Utility Work. In the event the FDOT does not elect to participate in tl�e manner prescribed above and tl2e bid is rejected by the UTILITY, then tlie UTILITY shall arrange, at its o�vn expense, for the prompt construction of the Utility Work in accordance with the relocation schedule submitted by the UTILITY. In the event the UTILITY elects this option, the UTILITY shall notify thc FDOT of its intcnt and request the refund of the deposited funds. Upon the receipt of su�h notice, the FDOT s��all amend the ltighway contract documents prior to 1�v�rd. The UTILITY shail cooper�te �ti�ikh the FDOT'S contractor to schcdule the sequence of the UTILIT�'S work so as not to delay the work ot' the FDOT'S contractor. Tlie UTILITY sha�l defend any Iegal cfaims of the FDOT'S contractor due to delays caused by the UTILITY'S faalure to cornpl,v �ti�ith thcir rclocation schedule, and shall comply �vith all provision of tl�e la�v and the FDOT "Utility Accommodation Manual." The UTILITY shall not bc responsible foc delavs beyond its normal cancrol. FORM 710-010-22 fTIiLITIE3 • 04/9•1 Pnge3of5 6. All Zdjustments, rclocations, rc�airs and incidentals required to be perforn�ed to the existing utilities witlun this project, not inc(udcd in this conlract, �vill bc the sole respo�isibility of thc UT1LI'CY and will be handfed iu-�der a scparate agreement and utility relocation schedu(e. Al( such «�ork is to be coordinatcd �vith the construction of this project and in a manner that will not cause delav to the FDOT contractor, 7. All services and work under the construction contract shall be perforn�ed to the satisfaction of the DISTRICT DIRECTOR OI' �PERATIONS or d�siy�ice, and he shall decide all questions, difficulties and disputes of whatever nature, which may arise under or Y�y reason of such contract for Utility Work; tl�c prosecution and fulfillment of the scrvices thereunder, and the eharacter, quality, amount and valuc thereof; and }�is decision upon all claims, questions and disputes � thereunder shall be final and conclusive upon the parties hereto. 8. Tl�e UTILITY agrees tl�at it will, at least seven (7) da}�s ��rior to tl�e FDOT'S advertising the construction project for bid, furnish the FDOT an advance pa}�nent, including allo�va�ices, in the arno�u�t of $ 107, 982 .39 for payment of said Utilily VVork. In the event th�t the actual bid arnount plus allowances is greater than the amount previously provided, the UTILITY agrces tliat, �vithin fourteen (14) calendar days of noti�cation by t��e FDOT, it shall make an additional pa}�nent so tl�at the total �mount providcd prior to a«�ard of t}�e bid cquals the bid amount plus atlowances. If the accepted bid amount plus allowances is less t�xan the deposit amount, the DEPARTMENT will refund the amount that the dep�sit eYCeeds the bid amount plus allowances if sucli refund is rcquested by the UTILITY. Both parties further agree that in the event final billing pursuant to the tern�s of this agreement is less than the advance payment, a refund of the excess will be made by the FDOT to the UTILITY and that in the event sa;d final billing is greater than the advance payment, the UTILITY ���ill pay the additionat amount �vitk�in forty (�0) days frorn the date of the invoice. The payment of funds as required abov� will be made as follo�vs (choose one): Directly to the FDOT for dcposit into the State Transportation Trust Fund. � Deposit as provided in the attached Memorandum of Agreement (Exhibit A} between UTILITY, FDOT, and the Florida Department of Itisurance, Division of Trcasury. 9. Upon completion and acceptance of the work, the UTILITY shall own, control, maintain and be responsible for all of its facilities, according to the terms of the utility permit. The UTILITY further agrees to cornply wit�i all provisions of the FDOT "Utility Accommouation Manual." i0. The UTILITY covenants and agrees t��at it shall, to tlie exient permitted by la�v, indemnify, deCend, save and hold h�u-cnless the FDOT from �any and all {egal actions, claims or demvlds by any person or legal entity against the FDOT arising out of the joint participation in this Agreemcnt. 11, Upon final payment to lhe contractor for the entirc projcct, thc FDOT shall, �vithin one hundred eighty (180) days, .furnish the UTILITY with two (,2) copics af its ficial and c�mplel� billing of all cost incuned in connectian witti the work performed hcreunder, sucll statemcnt to follow as closcly as possible tlie order of the items cont�ined in tlie job estirziate. The final billing will show thc descriplion and sitc of thc �rojcct; thc datc on which thc Crst work was perfornicd or thc date on which i}te last work was p�rforn�ed or the last item of billed etpcnse �vas incurred; and the location where the records and FORM 7 ! 0•Of 0-11 vra.trtES - o���a Yega 4 of S Aecounts billed can be audited. All cost records and accaunts sl}all be subject to audit by a representative of lhe UTILITY within three (3) years at3er acceptance of the project. In the event final cost is less than the advunce pay�nent, the FDOT will refund the balance to the UTILITY. If the final cost exceeds the advance payment, the UTILITY will be invoiced for the balance. Upon receipt of the final invoice, the UTILITY will reirnburse the FpOT in the amount of such actual cost within forty (40} days. The UTILITY shall pay a.n addition�l charge of 1% per month on any invoice not paid within the time specified in the preceding sentence w�til the invoice is paid. 12. The UTILITY shall pay t��e FDOT'S reasonable attomeys' fees and court costs if the FDOT prevails in litigation for the enforcement of the provisions of pa.c�agraphs l, 8 or 12 of this Agreement. 13. Tlvs document incorporates and includes all prior negotiations, corresponde►ice, conversations, agreements or understandings applicable to the matters contained hecein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreernent that are not cantained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements �vhether oral or written. It is further agreed that no modification, amendment or alteration in the terrns or conditions contained herein shall be effective unless contained in a written docurnent executed with the same formality and of equal dignity herewith. 14. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 15. If any part of this Agreement shall be determined to be invalid or unenf'orceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such deterrnination, the remainder of this Agreement shalt rernain in full force and effect provided that the part of the Agreernent thus invalidated or declared unenforceable is not material to the intended operation of this Agreernent. �.. �� �', H 0 FORM ? 10-010.22 LTI'II.iiZE3 - 04/94 Pnga 5 of 5 IN WITNESS WHERE4F, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above �vritten, UTILITY: : ATTEST(s): Clearwater Gas SYsterns/Ci tv oF CLearwater, Florida Elizabet M. eptu a (Title: Ci ty Manager � ynt ia . ou eau (Title: Ci ty Clerk ) Countersigned: t Rita Garvey, Mayor-Commissioner; (SEAL) Approved as to form and Legal sufficiency: '. J Paul Richard Hull Assistant City Attorney FDOT Approved as to Form, Legality and Execution BY: BY: Attomey District Utitity Engineer STATE OF FLORIDA DEPARTMENT OF TR.ANSPORTATION : ATTEST(s): (Title: Director of Production ) (Title: ) � 0 (SEAL) RECYCLED PAPE� r Exhibit A S/92 Pago 1 of 2 EXHI�IT "A" MEMORA.NDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day , 199_, by and between the State of Florida, Department of Transportation, hereina.fter referred to as "DOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasurer" and Clearw�ter Gas Systems, hereinafter refe�-red to as the "Participant". WITNESSETH W��EREAS, "DOT" is currently constructing the following project: State Project No: 14570-3515/6517 F.A.P. No: W.P.I. No: 7115970 County: PASCO hereinafter referred to as the "Project". VV:E�KEAS, DOT and the Participant entered into a Joint Participation Agreement dated , 199�, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the DOT and the Participant if an escrow account were established to provide funds for the additional work performed on the Project on behalf of the Participant by DOT. NOW TT-�REFORE, in consideration of the premises and the covenants contained herein the parties agree to the following: 1. An irutial deposit in the amount of $ 107 , 982 . 39 ( ) will be rnade by the "Participant" into an escrow account. Said escrow account will be opened by DOT on behalf of the Participant in the name of the Florida Department of Transportation with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities upon receipt of this Memorandum ofAgreement. Such account will be opened and shall be deemed an asset of DOT. F.�chc`bit A Sl92 Pago 2 af 2 2. Other deposits will be rnade only by the Participant as necessary to cover the cost of the gas system work prior to the execution of any Supp(emental Agreements. 3. All deposits shall be rnade payable to the De�partment of Insurance,_ Revenue Processin� and m�iled to the DOT Of�ice of Cornptroller for appropriate processing at the following address: FLORIDA DEPARTI�IENT OF TRANSPORTATION Of'Fice of Compt�roller (M.S. 24) 605 Suwannee Street Tallahassee, Tlorida 32399-0450 ATTN: JPA Coardinator A copy of this Agreement shall accompany the deposits. 4. The DOT's Comptroller andlor his designees shall be the sole signatories on the escrow account with Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5, Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall rernain in the account for the purposes of the project as defined in the JPA. � 7 The Treasurer agrees to provide written confirrnation of receipt of funds to the DOT. The Treasurer's O�ce further agrees to p�rovide periodic reports to the DOT. STATE OF FLORIDA DEPA.RT'MENT OF TRANSPORTATION C4MPTROLLER STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASUR.Y iza t�i� e�D p�u1a, i y anager PARTICIPANT SIGNATURE 112 S. Osceola Avenue PARTICIPANT ADDRESS Clearwater, FL 34616 59-6000289 FEDEItAL TAX I.D. T 25 S T 26 S TO U. S. 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I_�w tmU ,� 'R�� • • ��1=1clili�11111 /�' r , +-= . ��:• . ,�r • . . . . it=,ril�t =�.', � ,'• � 1' . :ti wllr�"' - � _ �-� � � � - '` � :. �.u=j �, ' � •, � � :�� �►�. .:' � :.... I/�, � o -'" t .���i'�''�►�� ,�� ' I' �� ,�� .��� ��� � � -�� :.--� ► 1�s �w � � ' � � � • � � .�_•��I''.�1��. .w� � ��,,�_ �► � ` ��r _ � � � • ��-�'=u.��a\i�'�� ��e�,�',�G..'� ' ��,I �' . �� �� � � � ��� 111�'���i 1J � ••' •►� . . . icr,r.r� ~ �, • I I � . � � / . �Il�l�^1� � '���I '� � • II � .. ill.....�` �� � � � . • • • ��� � � ��� � ` � �, _ ■ '� - �� � � � �--*!� �� � . �e� . s ..� . . • • •• �• � UTILITY PLANS PREPARED 8Y= TAMPA BAY ENGINEERING, INC. -. - C�v�l Ergtnoortng • Trenaportaito� • Envtronmentel �Plom�ng "— � CLEARWATER ❑ TAMPA - - 1B167 tl.S. 19 North �02 W. Whiting Stroet ^-- ^ . t813) 531-3505 t813) 221-0048 DATE CLEA�ZWATE�t GAS SYSTEM SR Sd OPiNION OF PR4BABLE CQST State Project No. X4570-65]�'7 . . .. ..�. .. . ��[TFM`'NU: QUANPJTY°: �tJT'VT??-�: ��1:i'���i� DES��TP:`3'InN: • � • ' UNIT . : �A1Vil3.t3T�tT• � .. • • • . . . , . • � : . . CUST . � 730-7G-207 85 LF 5tcel Ca�it1�, lack & 8orc, 12-i�ch R0.00 G,SdO.(� 730-7fi-5(17 45 l.F Scee{ Cssing, lattall, lZirrcll 35.Ofl 1,575.o0 1912-353-422 3,y25 LF Polyethy[Cttc Pi�e, InsGall. 6-inc:h 20,tNJ 78,StK1.00 ly4¢352-23 5 EA Polyethylcnc BaJI Valvc, Inst,�1l, G-incl� 1QU,00 5(10,QQ Suh-Tocnf 87,375.op MabiliT�cion (S.0 S6) d,368.75 MOT (2.��} 1.747.5� 5ut�-Total y3,491-25 cEn (5.� R) 4,G7a.s�5 • Sub-Total yR,�65.8I CnncinKcncy (�US�) 9.Sf tS.58 (:r:�nd '1'<�tal S107.y$2,39 0 ✓'"�~ M • ' i ,,�iS�AI �,�� _ ;� ,,, 4 ; CLEARWATER CITY COMMISSION �""'� ¢� � Agenda Cover Memorandurn Item a ' rr'.• == = °' .� �9 -- � � ;' r ` � eeting Date: � o� ��h'ATEa`�,.�' � ----».,..., Subject: Moving Services RecommendationlMotion: Award a contract for rnoving services to Suddath Relocation Systems, St. Petersburg, Florida, at an estimated cost of $79,908, which was the most responsive and responsible proposal ❑ and th�t�h� a�p��p ir at��ffi�iais ��a�,�� ed��'��c��s�a�f icat ions of the proposal , BACKCROUND: Two new municipal facilities scheduled for cornpletion in March/April 1996 will consolidate numerous City departmental activities. Moving services will be required to relocate some ' furniture, equipment and contents from current locations to the new facilities. A follow-on after move will be required to relocate �bsole�e or excess furniture from previous departmental locations to other City departments or a central storage area. Departments not moving to the new facility will be able to select surplus items, then receive the items in the follow-on move. The City requested pr.oposals from firms that were e::perienced in moving large corporations/companies. Nine proposals were received, evaluated and rank ordered by the Move Coordination Committee. Suddath Relocation Systems was selected as the firm best capable of accomplishing the move with the criteria established in the p•roposal . Move Coordination Committee members represent the Department's of Engineering, (.Annex) , Parks and Recreatian (Annex) , Fin.ar�ce tUtility Customer Service), Police, and Purchasing (City Ha1.1 and Purchasing buildings). Evaluation criteria included a review of corporate and local agent experience, size and capabilities, equipment available; litigation history; move plan and recornmendatiions; scheduling recornmendations; time estimates; fee schedules; company brochures; suggestions and reference responses. Suddath Relocation Systems, Inc. is the loc�l agent for United Van Lines, and has been in continuous business since 1919 in the Tampa Bay area. With the single exception of rigging equipment, Suddath has sufficient equipment and personnel to complete all phases of the moves without additional assistance. Only professional, Revfewed by: �egal N/A Budget ` J Purchasing Risk Mgmt. DIS N A% � � ACM �-� +� t i� _ �__ Other Subm(tted by: 5,,,' --� ity Manage� Originating Dept.: Finance � � U�er Qept.: Various Adverti$ed: Date: 10/6 PCR Paper: 09/2G TTRIB ❑ Not required Affected parties ❑ Notified ❑ Not required Costs: Es t . $79, 908 Total $79,908 Current FY Funding Source: ❑ Capt. Imp. ❑ OperaEing � Other 3��roQrja�tQ� Code: y4bl) 344-94G0'l Commission Action; ❑ Approved ❑ Approved w/conditions ❑ Denied ❑ Continued to: Attachrnents: :r?' Summary ❑ None Page 2 experienced personnel are utilized. Rigging equipment will be provided by Rodger's Brother's Services, a sub-contractor recommended by six of the nine firms submitting proposals. Suddath Relocation Systems proposes to provide employee seminars for movement training. Proposed seminars will help reduce anxiety and promote smooth coordination of the move. Seminars will be provided at no additional cost. Brochures submitted provide rnany helpful hints. Each employee will receive hint brochures and training. Physical movement into the new buildings will be accomplished over three weekends (Friday, Saturday and Sunday only if required) for each building. Police personnel and contents will be relocated first, then all others moving to the MSB. Scheduling should provide the least possible disruption to the citizens and employees. All furniture and equipment not being util�zed in the new facilities will be redistributed to other departments or rnoved to a central location for disposal. This portion of the move will be accomplished weekdays when premium pay will not be necessary. Suddath estimates the cost to move Police Department personnel, furniture and equipment to be $14,376.00. The Municipal Service Building move cost is estimated to be $14,212.00. Rigging costs for the two Police Department UPS units are estirnated at $8,320.00. Rigging cost f or the traf f ic computer s ign board should be less than $2,000.�0 i£ moved at the same time as one of the Police UPS units. Suddath estimates the second phase Police move cost to be $8,000.00. The MSB second phase estimated cost is $13,000.00. Total estimated cost for the Police Department is $30,696.00. Total estimated Cost for the MSB is $29,212.00. Staff recornmends a contingency fund of $20,000.00 ($10,000.00 each for Police and MSB) be approved to cover charges of add-ons not previously identified. Accurate furniture and content inventories are not available. Total cost, including the con�ingency recommended is estimated to be $79,908.00. Three firms submitted estimates lower than that of Suddath Relocation Systems. The Move Coordination Committee evaluated cost as one factor, but also considered services with the least disruption to our citizens and employees to be most important. References provided c:onfirmation of the quality to be expected. Suddath references included Nations Bank (1800 employees, contents and equipment); United Services Automobile Association (USSA - 1500 employees, contents and equipment); and Hillsb�rough County Governmen� (1750 employees, contents and equipment). All references indicated services was excellent on time and within cost estimates. No damage was noted by any of the three references. Funding for the Police Department rnove is available under project 344-94602, the Municipal Services Building move funding is available in project 315-94602. CITY OF CLEARWATER RFP 20-96 —�MOVING SERVICfiS OP�NSD — NOVF�BR Z4, 1995 1. �AA MOVING AND STORAGS MR . MARK BELLAND 612 SAINT PETERSBURG DRIVE OLDSMAR, FLORIDA 34677 PHONE: (813) 855-4465 2. BLOCKSR TRA,iVSFER AND STORAGS COMPANY MR. BRUCE STAFFORD 3 035 22ND AVENUE NORTH S�INT PETERSBURG, FLORIDA 33713-4297 PHONE: (813) 323-1888 3. LINCOLN MOVING AND S7'ORAGE OF TAMPA, INCORPORATED MR . A.RTHUR HUCHRO, MOVING CONSULTANT 5128 WEST IDLET�ILD AVENUE TAMPA, �'LORIDA 33634 PHONE: (8.Z3) 884-7723 4. MAY�LOWER MOVING AND STORAGS MR . KEN DEA.RING, SALES MANAGER 6614 EAST A.DAMO DRI VE TAMPA, FLORIDA 33 619 PHONE: (`813) 62.I-4746 5. ATLANTIC — NORTH AM£SRICAN MR . BRIAN LAMBERT, SALES AND MARKETIN� MANAGER 5415 PIONEER PARK BOULEVARD TAMPA, FLORIDA 33 634 PHONE: (8I3) 461-2838 6. PROFLSSIONAL MOVERS, INCORPORATED MR. KENT HOLLE 7501 CUR.RENCY DRIVE ORI�ANDO, FLORIDA 32809 PHONE: (800) 330-6683 7. SUDDATFa? RELOCATION SYSTEMS, INCORPOR�ITED MR . GARY HOFFMAN, CORPORATE SALES 4 75 6 I22ND AVENUE NORTH CLEARWATER, FLORIDA 34622 PHONE: (813) 573-0000 8. TAMPA BAY MOVING SYSTEMS, INCORPURATED MR . JEFFREY BUTTERS, ACCOUNT EXECUTIVE 5I05 WEST CLIFTON S�'REET TAMPA, FLORIDA 33 634 FHONE: (813) 885-6771 9. WARNER—DONALDSON MOVING SERVICES, INCORPORATED 1�Z. RICK SCHMIDT, SALES MANAGER 1125 ELDRIDGE STREET CLEARWATER, FLORIDA .3 4 6l 5 FHONE: (813) 442-5141 ;;:<_ �� 0 � � SUMMARY OF RFP 20-96 - SOLICiTED: - RECEIVED: - NO RESPONSE: 16 9 7 � ADVERTISING - PINELLAS COUNTY REVIEW - NOVEMBER 3, 1995 - TAMPA TRIBUNE - OCTOBER 27, 1995 � � 1' ,c 'N � C � � a v � a � r � i � � P i P C E i U � � �W � �g � Pi � fV � V' If1 i0 rl ff1 (� W PG Z W pL � � � Z a+ Z v w N m O .1 m tn a m � � F !-+ .1 h �D t!1 a� �0 NI m N � W� N O q w �aq � � � A Z �v a, a �o o, a in v r1 0, a rv F � � � Z °z z � �a i � ; � z 0 � � : a � � � r m .+ � �o �n .� � m a 1 pl � � > O � o u 1 � a z a A � � � � � � v� ., o� a u, Q+ a �+ �+ �+ o+ a m a N x O O b O a z z z x � a E F E F+ H H h F H �►=+ a a o� a a a a a a a w a a a � a a �a � a a z � � a H W W �o tn m N rf t° �-1 O+ v� N a � a � � � z w M a M a r r� �o a, �-1 rn N w a. � w 5 � w�� .-+ �n r� ao cv r •� rn �o � 0 0 0 0 0 0 0 0 0 O !� N 1f1 1fl o O O O O o � p� . . � � � 0�1 � Q� � fA m O� i+� � � rVi c°, o u�i o° � °o v�LJ o °o vaJ o H � �L [� � f� O �O O D aD �O {� N � `� C,� n � y�i N � '�q' tA e~Y t�f1 f4 a w .�i o� ui �o ri M a r �o a m M � r� �o r� �n a .h �o a r� n v► w � � � � a � � � � � � � � � � � � � � � �n z � F ~ > � z o � � � e � � � 0 o a � m a � � � � z� .�i �i r; w � � a °z u M � � ui � ►� a W N '��1 �/ H � � � � � H f�A � ' � � � � � � � � � a H � �c e� ao v� � e =��`i � a a � � � O� � O Q N �-7 � � z � O a �p� � N L4 Q H � � � � � � �� z d � � � A � c� o �+ a H H, H '�y' � DEC-14-1995 15�25 FROM SUDDATH RELOCATI0��5 TO 4b268b5 P,02 . Paqe 1 Of 2 � � � C+ � �Relocatfon S sterns - �'acili Move Division � • �� � '� Y rY ICiC��4A�A����,�L �Il�'V�l�i '' ��R�E14i��'�' Pet V�e te�rrrs of this apceement, and those e�essed in aau praposai. Suddad� Rslo,ration �er� • Faa�ty 6bve Qivision w►� ne�ocats the ma�erial as sunered and aqreed upoa � th;s propos� for �Xfl[�C The Gity of Ci�a�wates, RFP 20-96 TM cost ot rour relocafion w� be based upon �ne and r►�ri� ur� dt�e� specific arrsr�gernen� arB m�de rr�in dxs apreemerd. Our proposai � besed ugan the lo8rn�r�cg assumptions: 1. Or�e time plaoemer�t d a� o�ice Atmit�e� app��cab�e equipm�t, cartons and rt�teri� as dae�l�ed �r y0trr trtn. 2 Exdusive use ar� axmoi o6 �f ioac�ng ard tmlvad'� are�. Nrargen�en� ia use � 9�se ar�as rn� be the re� of you� fm � 4. Sen�idr�g of aA e�quipment as required ia saie transport�tion, in a000cr�oe r�h �e a�eetriec►� and recomme�fations Ct this pmposal, wi!{ be ihe tespo�s�T�y d yovr finn. Dir�cOor► and sup�ervision for ycxe firm w� be drrected b only desi�raied Sttdda� supen�ors. S. Sudda�► Reb�o� Sys3ems' ma�amum 6abi'fityy far dam�e �s 5.60 P� f� P� item. Sucl�ath's m�cimum �aba'�y is �irrx�ed � ioss a damaQe of exte�mal c�use e� arry ad or fa�lure on the part ot rour frrm, the c�tuce at the propertp, ciefects a inherent v+ce these+n, p�,�a61e it�sns, azr��ry, doaimer�s, s3�s, or artides af az�aorttinary v2kna, and auws beyond Suddath's cort�ol. 6. Suddafh �s not �abie ia any rtems requir�g a�+vice by a vendor prior to rno�ecr►o��. n i� tt�e �esporx�l�y d yax fum to e�re proper servipng �f aN �ems. �ddath shaq anly be hable ta up Oo d�e vallie af �he Aems dama�ged wrttaut respe�d b arry value daimed hxsuch derr�s. No ctaim w� be proaassad ur� �el charpes are paid � iul. 7. Cost� inaxred due to weatliei ca�tia�s o� acts c� God a ot�er cond�tiors outside the move�s ConVol r�u�5ng in bst Gme, ra� be bome by yetu fi�m. M i� sugpeeted d�d � I�es� coctid�ions oxur, a jo�t deasion sha�d be made between Sudc�ath and �acu firm b catynua d�e mvre a�e. 8. Unu�ed ►rrateri� a Rrateaials beirg rett�ned br a�dtr rnu� be annata�ed on the su�ervisofs 8+� o� Lac�ng. k mu� in�ate the q��r and type d material sigr�ed fa fhe reban alag w�h �e Suddath wpe�s si�nabure. 9. Ttud a de�gnated represe�ta�+re o� yow fum be availaNe on sile �xougfiout tt�e mave who has dec's+�n nt�idng capeb�'i�+ �d th� ir�tructions we ane givsn have your 6rm's t�t auUariza5on. 10, t�umstances resulting in bss af Gme wfdch are r+ot the tauK � 5bcidath Re�OC�atior� S�iems w�D resu� in b11't�q fa 8udt bst 6me based upott men houts ard eqcnpm9ra, 8t the fqudy taie aereed upon in vur cos� p�oposaf. � t. Your frm reserves fie rigtd to �srcass the services oi S�dd��1h Ae�ocation S�ems at any time du�ing the mave � S��alh fa� to provide Ow se�vices in a proles�ion� �am8r. You �I be ob6gated to� a� aerviw ct►��es incxxre�d at that point. 12. D(tif�r�i7�.��if�{d(�ir��D�IIDt P���1t Terms: Sur�dath Wili i�voice falla�ing �ach phas� wi�h payment terms af Net: 15 tiavs. The totai relacatian cost is stated in the orictinal =espons to vour RFP and the correspondinq reaffirmation of the cost, dated 1_2/08/95. Polxce De�t. I�ave-$14 , 376 .00 1�un�.c�.pa1 Services Move-�14, 212.00. �^#P'TANCE: The unde�s+gned, as a� autfiwized representative fo� 7ow fmn havmg �aad and v' g L:x senrice from Suddath Re�ocaiion Systems. Anr �dd'�Gons, dele�s. a� aF dtis agre4 Si4nature Trtie ��Y Date FORM OtZ349 t��n �tICH � �re offtes,�r8by ag�ees b and aoce�s tt�e provisions ot this prn�sa! �� „• • / �� GSNERAL MANAGER�`'�-�--"' Tale SUDDATH RELOCATI�N SYSTEMS �Y DECF•MBER 14, 1995 Date � �;;-�:� DEC, 14, 1955 5: 02PM P 2 FRpM � CLEARWATER FINANCE PHONE N0. : 813 462 6250 . , . DEC-•14-1995 iS�48 FROM SUDDATH RELOCATIONS � 4626250 P�02 ����� �� � ' •F a D �ekx�dan l9yst� , aclll� J�! ve Ivis�o+� � �oi�M�����►�. �to�►��c� a��r��r����r � Pagre � o� 2 She ritas fQx tbe "1�f��►z��e' M�.l i be �t�ed �►n the Sotue�2 t�.a�e �. �tex�al� ueesd �a��d o�a the r�,t�� sl�o+rn in o�r RFPa0M4�6 r�sponaea, nas�elg $�. e. � 0 per liov�r arid � 19 , 00 per Kovirg Yaaa. , 0 0 0 u , � . ; . : , ., i R�I��a�eon Pl��ni� � Gui�le a pre�p{anning guide for cornmercial relocations S�rd�l�th 1l'�rr� �ix�e� With over 74 years a( experlence, w�'ve periected the craft ot relocating businesses. :� �::� . �.� � ��� ���� �Q��[�������� Designate a move coordinator who is a good communicator and a good manager. Make it a matter of corporate policy that the move coordinator is "the" person fn charge. If the relocation is large enough, temporarily re-define the coordinator's job description so time is availabie for the move process. in effect, the move coordinator will rnake decisfons regarding the entire relocation and be responsible for all pre- planning, departmenta! and vendor liaison, all scheduling and timing, and post- relocation activity. 'ih�� �lla►�r� �o�n���it�t�e if the mave coordinator needs assistance, a move cornrnittee should be appointed, The move committee should be as smali as practical, but have representation frorn primary areas ort your business. The committee, aiong with the rnoving cornpany, will draft a rnove plan which �nrill detail the entire move process, including a step-by-step list of everything that must be done and target dates for completion. The appointment of the move coordinator and cornrnittee (if needed) should be done when the decision to move has been rnade. Keep in mind fhat a large relocation may require as rnuch as 12 rnonths of preparation. Wtth over 74 yeare ot experlence, we've perfected the c�aft ot relocating businesses, � �; 0 � � �c�r�nrtnu�i�c��.it.�e-� i� ���/ i�� �t'o���r �t������ You can count on poor communication to cause confusion and neediess expense. So, teli employees, and anyone else that wili need to know, of your pianned relocation. Generally, the foliowing types of information should be cornrnunicated. Original Ann�ur�cement . . 0 . . . . Address of new location and why it was selected �Jearby facilities Type of building New building concepts Anticipated timetable Size of building or space Solicit suggestions from employees Monti�ly �.Ip�i��� . . . . . . . . . e All new developrrients Dates for segments of move �urniture removal/change information Type of phone system Eating facilities inside and outside of facility Layout and design of facility Shopping areas Parking accommodations Transportation availability Status of relocation With over 74 years of experience� we've perfected the creit of relocat(ng businesses, 3 r ' 6 ; , �� ;� .. IIAan�ging '�'r�u�r �tQ1�a+���i�ar� Any tirne a business relocates, hu�ndreds of action steps need to be taken. Coordination is cornplicated while timely completion of specific tasks is critical to controlling the cost of the move. The following list highlights some of the corn�onents of your rnove: ,� Pitch-It Campalgn Ask all personnel to discard unneeded items. Disposal bins should be conveniently placed and signs should urge people to "pitch-it in." Furniture and �quipment Acquisitions/Repairs C�nsider furniture and equipment needs for the new facility. Schedule deliveries of new furniture and equipment and make plans for the installation of any equipment that requires technical expertise. At the same time, plan for refurbishing or cleaning of existing furniture and equipment and have it completed as a part of the rnove. !n either case, coordinate this effort with your relocation cornpany so moving schedules do not conflict witl� service schedules. Productlon Scheeluling Schedule move dates to ensure minimized downtirne. Consider all constraints such as weather, peak traffic, and business season. Plus, coordinate the mave of critical pieces of equipment around your production schedule so your product continues to be developed throughout the rnove. Insurance IEv�luations Check insurance coverage. Additional insurance may be desired to augrnent that carried by the moving company. Security Eval�aa�ions Examine the necessity for security guards, Stored furniture may have to be guarded or a security system set up during the move, The presence of guards often lessens the need for insurance or at {e�st reduces the cost. With over 74 yeara of experience, we've perlected the craft oi relocating businesses. � � 1 � � � � r Notification n►f the IVlo�r� Send moving notices with the new address, telephone number and other pertinent informatlon to: � Ciients • Suppliers � Post Office � Magazines • • Newspapers � Banks . • insurance Companies � Governrnent Regulatory Agencies Telephone Listing Changes � Make arrangernents for a listing change in the telephone directory and inclusion in the new building's directory. Letterhead and Business Cards Modification Order new st�tio�ery, business cards, checks, invoices, forms, and anything else that carries the company address and telephone number. � 0 With over 74 years of experience� we've perfected tl�e craft of relocating businesses, � u .:� '`� r �� ,�#��t►�t1����i��11��11� �a�+� ���a+c���a�a� in the weeks and days immediately prior to move day, many tasks must be accomplished. Now, it's time for the Move Committee to go into action and complete the following: • Schedule fumiture and equipment refurbishing and its delivery to the new offices; • Select personnel to oversee removal from existing offices; � Select personnel to oversee receipt of all moved items at the new quarters and set up a "headquarters station;" • Check on delivery of new furniture to the new quarters; • Schedule delivery of cartons, boxes, wardrobes, and other containers provided by the moving company; • Tag all furniture and equipment and use the furniture plan code for location delivery to new offices; • Assign packing tasks, schedule packing and distribute instructions to those responsible; • Install directional and area identification signs in the new offices; • Arrange for telephone hook-up between the old and new premises; • Arrange for elevator service in both buildings on moving day; • Schedule an elevator service technician to be on call during the move; • Schedule telephone installer to siand by during the move — last-minute changes, additions and corrections should be attended to before the start of business; • Install a lost-and-found department on the new premises; Instruct each person as to their individual responsibilities for housekeeping; • Establish a"break area" where staff may relax during the move; • Establish a method of communicatior� between key personnel and relocation cornpany for rnove day (i.e., beepers� two-way radios). Wlth over 74 yeare ot experience� we've pe►tected the craft of relocating businessea. l•J � i. ► 4 � r s Move Day l� Request all cornpany supervisors to report for briefing at least one-half hour before , the moving cornpany arrives. • Provide identification tags for all supervisors. • Establish who has the authority to make all last-rninute decisions. � � Define approximate tirne of cornpletion. e Go over the floor plan and color coding. • Determine where and when breaks will be taken. 0 • Develop a check-list of items to be covered with the moving company supervisors when they arrive. � Identify any changes from last discussed plan, • lntroduce company supervisors. � Define br�ak areas and eating facilities if necessary. � If bad weather prevails, who will rnake the decision on what action to take. � Has everything been properly marked? • Is proper security in place? • Assign moving company supervisors to locations and farniliarize them with the building. Relocations can be complicated. But if you develop a plan and prepare for the unexpected, your move should take place smoothly and efficiently. A rnove professional can help you develop a rnove plan fhat will take the worry-out of your move and ensure a successful relocation. 0 :� t'F � IIIIIIIII � T With over 74 yeers of experience, we've perfected the craft ot relocatin� businesaes. �� c e: 0 � �.. � � �------. � � � � � � � � � � �� � �^ � 4 � O u bt � � ' � O t i�r i 4� j O � u ( a� � O t a� E �� �, w° a b � �r � ... u A� �� � ��� � � � � u 'v .� �� o �� c �`` :: � 0 � � � 0 � � � O � C C � �E 0 0 $ �- � a ��N U � o � m � t O � t � c�0 � � u� � � � a� � Q m U � �� co � L � �� � c+d E ai 'L7 C � m }' � , O � � �� � O C � c � � _ °•'o �-' = a. � � � .= o 0 (� N � O � � � � a o E ` � U � 7 O � � � � � O �— cLS �3 °�� m � ��u v .o(L! ... �v °'� E � � � a� m N 3 � ��L� Y 'vj'" N -�p � o �� N � � � � m N L �t.� ?� � h� � � � G/� � N"� y � � .� � ` .D � � c0 �c'��cu�'•Ecn�3`� �� ...�L N O,C � •O � Gj � � � (d N 'U L RS C � � cCV �„ cL�'o o- �a�i c�� E� v, o n.� ��°- �'c"v =� � v�E�� w�rv�i�. � o � � v c °� cc�o .c � � ,� •- c N C �' '�j � N � �+0 � -� L C � � � � � cn'coo C � � .... � � O � � EC .� G�3 V � � Q. 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Q � � � � � �.� . v� bA � � .� � � � � U � � � � � O b��A b��A ��� ��� . wo-�� �,�x���� ��.��-�-� .*.t � a� v� O � � b!J � � � q o .� � � � � Q'� �� b�A -���w�.c.� � o��� � o .n � v c,,� v , �'� � � � �� �� � � � � o � .� �� � v � � � � � � � � � � � � � .� ��o U � � O N � � O� •� � .� � � �o� h , �i i�.� � � � ��w '� � � Q � -� v � � � �ti � � � -� V � � 0 ..___ __....___.e - u , . � � . -- -.�._._. `i .:r s.............. .. . . t t. � . • .. . . , � c � ��� � i � � �� � � .�. � . . �. � r � ..� � � f �.: ....... f..._._.......�...... . ,... ... � .... ...... ..... .. 0 ��� � � . � � C Nl �.,� I. PF;A,iZSON, THOI��AS / LKW Al��'�RI'ISI�'C� t� l'UBI_IC; Kl:l.�'T'I()NS DRAFT � CITY OF CLEARWATER TOURISM First Quarter Out-of-Market Promotion Recommendations Decernber 19,1995 PURPOSE In response to beach cornmunity requests, immediately irnplernent a prornotional plan that would stimulate reser��ations/occupancies. II. G�ALS Develop a promotional prograrn on a test basis, inclusive of an 800# for , direct response leads. Formulate benchmark information as to the effectiveness of inedia, rnessage, targets, and nurnber of leads generated. III. TARGETS Based on CVB and Bordner Research, prirnary targets are: • Families with adults from 25-54 years old. • Professional/Technical • Median age head of household of 45 (Bordner) • Median annual household incorne $53,560 (Bordner) Note: With CVB research head of household age is slightly }►ounger and income slightly high�r. ha�•p<�rt I'ls�.i • Suite 8R0 62QO Ccnirtnr�• C:arnphrll (;ausrwa�� "fampa, Flc�ri�i,i 336O7� 14�R SK13�?81-�?all �A��R13)2R1-1957 ��lemher rlmerican Assc�ciatic�n c�F.�d••crtisin�; Agencic� IV. DEMOGRAPHIC INFLUENCERS 1. Geographic out-of-state "feeder" markets, according to the Pinellas County CVB research, include these top 10 major Midwest and Eastern cities: Aug. 1994 Dec. 1994 Oct.1995 New York Tampa/St. Pete Chicago Orlando / Daytona Pittsburgh St. Louis Atlanta Philadelphia Miami/Ft. Lauderdale Indianapolis New York Chicago Philadelphia Cleveland Detroit Indianapolis Madison Boston Columbus, OH Rochester, NY Chicago New York Milwaukee Philadelphia Boston Pittsburgh Atlanta Indianapolis Mpls/St. Paul Orlando/Daytona Observations: Consistently common cities year around are: 1. New York 2. Chicago 3. Philadelphia 4. Indianapolis 2. Family Orientation: �VB Research Bordner Research Aug. 1994 Dec.1994 Oct.1995 53.3% 47.0% 33.6% Dec. 1994 2.6 people av /party Observations: The target group appears to be skewed toward families or adults of the age to be parents of these families. 2 3. Time Elapsed: CVB Re�earch Less Than One Month 1-2 Months 3 Monfihs More Than Three Months Less Than One Month 1-2 Months 3 Months More Than Three Months Less Than One Month 1-2 Months 3 Months More Than Three Months Bordner Research Less Than One Month 1-2 Months 3 Mo�ths More Than Three Months Start Talking Decide 27.6% 15.7°fo 6.2% 50.5% 15.5% 33.1 °lo 10.6% 41.1% 17.8% 17.1% 16.4% 48.7% 25.5% 28.5% 6.5% 39.5% Aug. 1994 Dec. 1994 C�ct.1995 Dec.1994 42.2% 17.0% 6.9% 33.9% 17.9% 41.0% 9.1% 32.0°/a 34.5% 19.0% 7.7% 39.4°l0 48.5% 25.0% 5.0% 21.5% Observations: While there appears to be a high percentage (31.5% averaging the three CVB categories} of visitors making their final decisions wifihin one month, a higher percentage (46.8% CVB average) start talking about their travel plans three months or more in advance. We can assume that during this time, inforrnation is gathered and plans are influenced. The final decision is likely to be based on the gathered information. The CVB airs TV beginni.ng January; however, the county program is on-going with existing messages already established in rnajor market areas. 3 V. STRATEGY Program Criteria There is strong pressur�e from the beach community to initiate a promotional campaign as early as possible in 1996. Research indicates that decisions are made within a month's time, however, we can not speculate as to the effec#iveness that a start-up prograrn for Clearwater will have on the undecided when other rnaterials have not been provided during the "start talking" period. We suggest that a promotional program can be implemented if the following are also accornplished. We further suggest that with a limited budget, limited time to prepare materials, and unkno�vn factors that exis� with a start-up pr�gram, that the prornotional plan be irnplemerited as a test, providing benchrnar?� inforrnation for fu�ure campaigns. Criteria for a test plan: 1. An 800# is established for reservations/information 2. A directory cf hotels is created as a fulfillment piece 3. A method of rneasuring effectiveness is developed and implemented 4. Media and creative can be purchased for the allotted $150,000 ($50,000 for creative, $100,000 for rnedia) Timeline In order to capture those who are making their final decisions for peak season travel, media must be running no later than the middle of February. Likewise, the 800# must be activated and training provided to the operators prior to February 15. FulEillment pieces rnust be complete and ready for distribution also on February 15. Medin In review of possible media venues and with a limited budget, we recommend one rnedium only and suggest that cable be used exclusively for the test program. According to the CVB research, television (cable) traditionally outseores newspapers and magazines as the source of information. G� Cable offers a visual message which creates an emotional effect. Cable can also be bought nationally or in spot markets, offering flexibility far test programs. Media research follows which compares reach, frequency, and cost between national and spot market buys. While a national buy is less ehpensive on a cost per thousand basis, we believe that the fihousands that are reached are not necessarily our target groups, in effect, causing a great deal of waste in the reach. We have identified cities that are known "feeder" rnarkets. It would stand to reason that by targeting only as many markets as the budget would allow, media would work more effectively, producing greater results. Once the test program data is received and analyzed, additional key markets would likely be added to future campaigns. Specific media recommendations follow. Creative/Fositioning Because Clearwater has a limited budget anci needs to get as much exposure from its investment as possible, we are proposing a unique creative approach. To hopefully persuade those who have not made a decision a� to where to go during peak season and for those who may be "starting to talk" about where they should go on vacation for other times of the year, we suggest that the cr.Qative approach should say that Clearwater is not only wonderful during the cold northern months, but Clearwater is also wonderful all year round -- a "forever summer" message, as evidenced by our year around repeat visitors. Further, we recommend that each test market be personalized, e.g., "Chicago, we �now that you come to Clearwater all year..,", basing our inforrnation on actual research facts. By positioning creative in this nnanner, the spot has the ability to run also at other times of the year, hopefully capturing those at different stages of vacation destination decision making. Personalizing will draw extra audience attention and create a sense of loyalty. 800 Reservation/Information Nicmber We understand the City is investigating answering services for use d�uring the test program. The rninimum contract for services are generally 30 days, with price discounts on longer contracts. Services are priced on a"per minute" or "per call" basis. It appears that the "per call" method would be easier to account for, as well a5 be more cost effective. It also encourages conversation 5 with the operators, hopefully creating a friendly first impression of Clearwater. The service would need to be available 24 hours. Operators would request names and addresses of callers for fulfillrnent material and be provided basic inforrnation about the area if caller asks. If a caller wants to book a reservation now, the operator should request the name of the preferred hotel and provide a telephone number. If the caller does not know the name of the hotel, the operator should offer to send a brochure listing the properties. We recornrnend that the service be initially contracted for a two month period, beginning when media first airs. For future campaigns and on-going promotion, it would be advisable to review the possibility of forwarding the calls �iirectly to Clearwater hotels for reservations. �'hone system would need to record forwarding call fox rebilling purposes. Ideally, when volurne of calls warrant, the 800 service would be best handled as a City service rather than a contract service. In this way the operators would become "hosts" with the capability of providing more information and conversation with the callers. Fulfillment Materials The promotion plan requires that a fulfillment piece be available for inquiries. This piece should be a list of accommodations with a brief description (number and type of rooms and amenities) a phone number, and a locafior rnap. There should not be any rnention of specific rates. However, a "$" sign designation (icon) could be assigned to show a rating or range of prices. We suggest that the beach associations be assigned the task of developing the list and getting it proofed at various stages of production. The agency will design the layout and write general sell copy within the $50,000 allotted for pronnotion prograrn creative. Obviously, the piece should be full color to compete with other destination pieces. However, this creates a budget concern for photography, filrn and printing which means going outside the capabilities of the in-house Graphics Department. We suggest that additional money should be allocated to cover these charges, which, for budgeting purposes, for an initial print quantifiy of 5,000 would be approximately $5000. The agency can coordinate the creative and production of this to be delivered within six weeks to rneet the February 1.5 deadline. The association list information mu.st be provided to the agency no later than January 10. � A schedule �s: Budget approval Copy Input (frorn 12-19 session) Layout�Concept/General Copy for approval Approval Received Phot�graphy (done or gathered) List of Accornmodations Received Computer Mechanical Approval Received Final Revisions Film Proofs Print DelYVery Decernber 22 january 1 january 5 january 10 january 10 January 15 January 19 january 23 january 31 February 9 Distribution of fulfillment pieces during the test program (2 months) would best be handled by the answering service, with copies of the inquiry list provided to the City's new Tourism Office for follow-up possibilities. Cc�ble Spot The agency will create a:30 spot based on approval of this plan and upon i.nput provided Decernber 19 from a meeting with representatives from the various Beach Associations and City staff. Production and post production services will be pursued on a typical bid basis for ';?st service and cost. Shooting will be done with digital cameras to eliminate the high cost of film, yet provide a top quality look. Schedule is: Copy input Creative Treatrnent for Approval Initial Script for Approval Production Bids . Final Script Pre Production Filming Post Production Ship to networks for logging Air Date � December 19 December 28 january 5 january 10 january 12 Week of Jan 15 Week of jan 22 February 1-7 February S February 15 Method of Evnluation The results of the test program are largely contingent upon the number of calls received. However, what may be considered a low nurnber of responses does not necessarily mean the program was not successful. Responses should be used for benchmarking, as part of a long term, on-going tourism program. As subsequent campaigns are implemented, equity in awareness will become a positive factor and influence a greater response. This prograrn should be used to gather information as a basis for improvernents when designing future campaigns. As a test program, operators should be given a few questions to ask the callers aside from the obvious name, address, etc.: 1. When are you planning to visit? 2. Wi�l you be working with a travel agent? 3. What type of activities are you planning (beach, golf, special event)? We suggest that a follow-up direct mail card be sent to respondents approximately one month after request to obtain further information such as: 1) level of interest, 2) if they found the 800# system helpful, 3) if they decided to choose Ciearwater and why, and 4) if they did not choose Clearwater, why not and where are they planning to vacation. Additional Marketing Elements Naturally, if time and budget allowed, more promotional opportunities could be an option. However, under the current limitations some prograrn enhancements can be considered. More opportunities may also develop over the next two, pre-launch months. Travel Agent Mailing With the assistance of the new Director of Tourism Development, we suggesfi that the fulfillment brochure, along with a letter, be direct mailed to travel agents within the targeted markets. The mailing would be more effective if accompanied by a special premium item, or if the mailing was preceded by a fax alert announcing that a cable advertising campaign promoting Clearwater would be taking place. Emphasize that their city is important as a repeat visitor point of origin, and providE ideas on how to market the destination to their customers. : ' � �' �, . . . Public Relations Again, the new Director of Tourism Development should send press releases to the target rnarkets. Suggest that the rnessage centers around the fact that, accoxding to research, residents of the target market are repeat visitors to Clearwater all year long. If time allows, consider including a mail-back response offer for discounts to Clearwater area attractions, as a thank you for choosing Clearwater as a repeat destination. �.; . E :i tp IV. MEDIA ANALYSIS AND RECOMMENDATIONS Definitions Reach: The total audience a mediurn actually covers. Frequenc�: The number of times an individual or house- hold is exposed to a medium within a given period of time. Raiing Points: HH: The percentage of potential audience tuned to a particular prograrn. Total nurnber of homes where a particular medium is available. HH Detivered: Total nurnber of hornes ac�ually tuned to a particular rnedium during a particular period of tirne. Network Selections The City has been approached by representatives of CNN to buy a schedule including full national coverage, Europe and airports, for approximately $250,000 yielding a total of 180 spots. In analysis, we question, for demographic, reach, and rating points reasons, the effectiveness of using only one network. 1. Demographically, one network limits the audience to one group of viewers only. We believe that Clearwater's audience, being family oriented and including a majority of professional/technical people, is rnore inclined to be reached through family progra�nming as offered on USA or TNT. Purchase considerations are based on adults 25-54 years old. 2. Considering rating points in each market, USA and TNT consistently outperform CNN, thus costing less on a cost per point basis. Consequently, we support the idea of testing CNN against another network. Because of budget restrictions at this tirne, only one other network can be tested. Our preference is USA due to their ability to deliver higher rating points. 10 Reach vs. Frec�uenc� Our recommendation is to concentrate on fewer networks and repeat the message rather than try to reach a variety of networks with a below minirnurn number of spots. An industry minimum number of weekly spots on any network is 14, We also suggest that to be effective in any market, a 6 week campaign will deliver the best results. ��. • 1. CNN National Buy CNN revised their package to adjust to the approved budget of $100,000, by eliminating the Europe and airports component. Total number of spots are 14 per week for 6 weeks (84 total). Total HHs nationaily are approximately 54 million. However, HHs west of the Mississippi account for approximately 36°l0 of their audience which, according to our research, does not include our primary "feeder" market cities. In essence, 36% of the budget would be wasted. �NN would reach one audience type only, news watchers. Cost: $107,000 2. Spot Market Buy -- 4ne Large Market Select one of the known, large rna.rkets and purchase both CNN and USA to test the performance of each network in that market. New York is not recommended due to cost. Chicago or Philadelphia are more affordable. Each would be based on 14 spots per week. Chicago eNN $11,200/wk $56,000 for 5 wks U S A $11,200 /wk $56.000 for 5 wk� $112,000 Total (5 wks) Total cable HHs in Market: 1.8 Million Note: Spot would run simultaneously on both networks, and be adjusted through slight rotations to 6 weeks 11 3. or Philadelphia CNN $18,200/wk $54,600 for 3 wks U S A $19,600I wk �58.800 for 3 wks $110,400 Total (6 wks) Total cable HHs in Market: 1.98 Million Note: Spot would rotate on two networks Spot Market Buy -- Combina�ion of Srnaller Markets Select from the known smaller "feeder" rnarkets. Again, rnaintain a minimum of 14 spots per week on both CNN and USA. a. Indianapolis CNN $4,104/wk � USA $3,122/wk Total cable HHs in Market: 583,000 b. Cleveland CNN $1.,960/wk USA $1,960/wk Total cable HHs in Market: 971,000 c. Milwaukee CNN $2,100/wk U S A $2,100/wk Total cable HHs in Market: 440,000 Small Markets Grand Total $24,624 for 6 wks �1�:732 for 6 wks $43,356 for 6 wks $11,760 for 6 wks $11,760 for 6 wks $23,520 for 6 wks $12,600 for 6 wks �12,600 for 6 wks $25,200 for 6 wks $92,076 Note: All networks would air simultaneously over the 6 week period. Other network combinations can be explored, These are known markets over several years, but (except for Indianapolis in recent years) they do not fall within the top 5 feeder cities. 12 Recommendations Assuming that the City of Clearwater would be able to allocate the additional cost overages of �12,000, we recommend Option 2, Chicago market for these reasons: 1. Consistent major top feeder market for rnany years. 2. Two networks can air simultaneously over a five week period (or alternate to extend length of schedule). 3. Reaches large HH. 4. Well serviced by major airlines. 5. Will work in conjunction with a pre-arranged State of Florida mission to Chicago to meet with travel agents, February 5-7. The CVB and Clearwater Chamber representatives will be attending. Normally one rnarket is not recommended for maximum results within a campaign. However, the intention of this program, while capturing as many of the undecided as possible for the current peak season and impacting those that are at the beginning o� their decision cycle, is for testing purposes only -- to gather meanix�gful information regarding response to message, product, timing, answering system, fulfilment materials, efic. with the expectation that future campaign roll-outs would be inclusive of all of Clearwater's top rnajor markets. 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A E R r+ U �i .�1 R A a� a� al � O E�+ F U V a� a v � � � � � � i i LJ lA 1A �I1 E°. a � � m N c u � �' ------------ � .r Y Q� M du b d � u m v � m y s � .� ti a T O1 o� � 0 m m .+ a a �i C 0 u � u .,, c � 6 0 u d A � u A c 0 .,� L � z � d L m � N � > �t x u � u .0 u u s rn •,r � � 0 u .,�, `' , M .� � _� 9"Q�Y ��.o ,� Clearwaxer City Commission Agen�a Cover Memorandum SUBJECT: Hardware and software for "Enterprise Network - Phase 1"(City Office Building) Item a: Meeting Date: � J � � � RECOMMENi7ATION/MaTfON: Award a contract to Inacom Information Systems of Tarnpa, Florida, being the most responsive bid submitted in accordance with specifications, for the purchase of 213 micro computers, associated hardware and installation at a cost of S 567,434; awa�d a contract to Digital Equipment Corporation of Tampa, Florida, being the most responsive bid submitted in accordance with specifications, for enterprise network hardware, software, and installation at an estimat�d cost of 5323,831; approve the expenditure of 554,376 for purchase of Microsoft Suite, the City standard software from Southern Office Equipment of Tampa, Florida, being the lowest and most responsive bid submitted i� accordance with specifications; approve an expenditure of S12,330 for the purchase of software from McAfes Associates of Santa Clara, California, in accordance with Code Sec. 2.56411)(b1, sole source; financing of computer equipment in the amount of $892,930 to be provided unde� the City`s master {ease-purchase agreement � and that the appropriate officials be authorized to execute same. BACKGROUND: In Spring, 1995, the Information Management Department presented a Strategic Plan to the Commission, providing a road-map for the City to apply new automation technology to City work processes. A major portion of the plan is the development of a City wide data and telecommunicatians "Enterprise Network". By utilizing the fiber optic cable (previously approved by the Cammission►, which will connect the Municipal Services Building (MSB) wi�th Fire Station #1, the new Police Headquarters, City Hall and the future Graphics shop (in the parking garageM, all computer users in ihese locations will sventually be aale to share data and communicate, via the Enterprise Network, as though they were located in a single building, This purchase is the first step in the implementation of the Enterprise Network. lt will provide new computers to staff members located in the new City Office Building, and network connectivity to the MSB, Police, Fire Station 1#1, Graphics (in the parking garage) and City Hall. P�ersonal Compuiers �nd Softwa�e - City Otfice Building This item covers the purchase of (213) 100 MHz Dell Pentiu�n Personal Computers (PCs), Windows 95 operating system and the new City Standa�d office automation software, Microsoft Office Suite, for PC users in the City 4ffice Building. The Suite will provide computer users with a fully integrated set of office automation products including word processing, spreadsheets, e-mail and scheduler. On an "as needed" basis, an integrated database manager wiii also be inciuded. The new PCs and software replace 5+ year old 286 and 386, MS-DOS based PCs and will enable all the computer users within the City Office Building ability to seamlessly share data/files, communicate via e{ectronic mail IE-mail). Software is also included to enable users to communicate with the Ross Financial System, and the Utility Billing System. The new persanal computers will also communicate with the new Reviewed by: Originating Dept: Costs: i 957,971 Cortmission Action: Legat N/A lnformation Managernent 7otat ❑ Approved Budget � � � C �',\�• ❑ Approved w/conditions Purchasing � $ 166,241 � Denied Risk Mgmt. A _ User Dept- Current Fiscal Yr. CIS ' " C1 Continued to: In�formation Managementtt ACM S-I'u-'C..i% �-, la��l � ing Souree: Ot��er L� �� Capital Imp. Advertised: m Operating Attachtnents: Date: 10-06-95/11-03-95/ � Other Bid Tab 10-27-95 Paper: Pinell;�s County Review/ ,arl} p�nell��s County Review/ ❑ None �,�rr�pa 1 r i bunc Appropr i at i on Code: Submitted by: O Not Requir•ed 315-94740 & 315-94707 Affectcd Parties Cit anas r m Notified ❑ Not Required n �.� Printed on recycled paper PeopleSoft Payroll Systern and proposQd Central ParmittinglCode Enforcement System (which will be brought to the Commission in Spring, 1996). The network in the Municipai Services 8uildin� will be protected from viruses by McAfee Virus Protection, an established leader in virus protection software, at a cost of �12,330.00, which is included in the cash p�rtion of this project, This itern also includes one (1) fiatbed document scanner and one 11) color laser printer to be shared by all Departmenls within the City Office 8uilding. They wili be used for projects requiri�g scanned images or low volume cofor output documents. This item does not include new PCs or fi{e/communication servers for City Hall or any other remote City location. The City Hal! PCs/servers are schedut�d to come forward in February, '96. PCs for the balance of the outlying City buildings will be part of the FISCAL YEAR 96/97 budget process. PC training for Microsoft Office Suite computer users in the MSB and the Police office staff is budgeted separately, and will be brought to the Commission +n February, 1996. IVetwoik Hardware and Soffware �� To enable the PC users in the MSB to cornrnunicate and share data, various pieces of network hardware and software are required. This agenda item includes the purchase of two� (2� file servers, 11 ) comrnunications server (used for the distribution of E-mail► ,(11 CD-ROM server (for shared access to City Procedure Manuals), and other pieces of network comrnunications,equipme�t and networking/management software . The two file servers will be "mirrored" for data security and network reliability. This means that when a user saves data to the file server, it will be w�itten to both servers. In the event that the main file server was not available, the second server would automatically take over, with virtually no disruption to the user. This is a critical part of the network design, as the servers wiil be supporting 200+ cornputers in the City Office building, as well as providing data to other buildings on the Enterprise Network in the future. The network portion of this purchase also includes network communication equipment to be located at City Hall, Graphics Igarage), Fire Stati�n #1, the Police Headquarters. It is impor�ant to note that this does not include the se�vers or desk top PCs for City Halt or any other remote location. Vendo� Services The quoted price for the PCs includes " burn-in" (running the equipment to verify that all peripherals are working properly►, configuration and instal{ation in the users work area, and custom setup for the employee at that tocation, The vendor witl also affix fixed asset tags to the computers, and provide documentation to the Inforrnation Management staff. The network purchase includes instaltatio� of the network equipment and softw�re, integration services and on- site training of the Information Management network support staff, Warraniies and Maintenance The PC price includes a 1 year on-site warranty, and repair part replacernent during years 2 and 3(to be installed by tnformation Se�vices staff). The warranties on the network cornponents vary frarn 90 days to 1 yea�, depending on the piece of equipment, The cash portion Af this purchase includes 513,71 1 to extend warrant+es on all required network equipment ta cover a one year period, Vendor Selection The cornpany selected to provide the personal computer hardware and peripherals was the second fowest bidder. The lowest bidder quoted prices on alternate equipment that did not meet specifications, and they could not provide adequate local support �or their product, DiAital Equipment Corporation is recommend as the network supplier, as they were the only bidder to respond to all iterns on the Requost fo� Proposal. The othdr eompanies omitted significant, rnandatory components and details in their response documonts. The City has worked with Digital Equipment Corporation in the past, a�d is very pleased with both thQir products and services, The bid tabulation totals tattached) for the PC and notwork bids are significantly higher than indicated in the Agenda Recomrnendation. This is because tha bid specificatians were written to provide a wide selection of optional equipment, allowine City staff to soloct by line item, those components that will meet the City's needs in the most cost effective manner, Funding Fundi�g wili be provided as follows: Descripti�n , Vcndor Lc���c/Purchu�c Cash PCslPcriphcrils lti�acom S�Sfi7,434 0 Microson OPficc 5uitc and Sc�ull�crn OlTicc � 5�,37(� 0 � Novell Softwarc �quipmcnt Vints Protcction Sottware McACicc (solc sourcc U $ 12,330 vcndor) Network hardwarc, intcgral Digital Equipmcnt � 271,120 $ 52,711 software, intcgraUon scrviccs, Car�oration training and maintenancc Total � 892,930 S 65,041 Grand Total - att tunding sources � 957,971 Funding for the lease purchase of the Central Pe�mitti�g/Cade Enfvrcernent project in the amount of $106,175 is avaitable in Project 315-94707 which was established in fiscal year 1994/95 for this purpose. Funding for the lease purchase of the Enterprise Network - Phase I praject in the amount of 5786,755 was approved in the 1995/96 capital improvements budAet project 315-94740. � Annual dabt service costs under the contract are approximately as follows: Fiscat Year 1995/96 Fiscat Year 1996l97 - 2fl00 Fiscal Year 200Ql01 Cen�ral Permittin� 12,034 24,068 12,426 Adrninistrative Services 89,166 178,332 89,161 Debt service costs for the proposed Central Permitting/Code E�fo�cement System are budgeted in the Cent�al Permitting/Administration Program budget (010-01410-591600-581-000). Debt service costs for the Enterprise Netwo�k are budAeted in the Information Se�vices/Systerns Support Prograrn (555-098�2-57XX00-582-000). .� .... .. � . , . ,..... ., i _ ., ,. } r Cash in the amount of 565,041 for softwa�e etc. wiil be provided by a first quarter budget amendment tra�sferring these funds from project 315-94603, Municipal Services - Technology to project 315-94740, Enterprise Network - ` Phase I. � � i t f �., �,..,i 0 �; : CSTY OF CLEARWAT.ER RFP Z3 —96 - FIBER DISTRIBUTED DAT?� INTERFACE OPENED — NOVEMBER Z 3, 1995 1. CABLFsTRON SYSTEMS SALES AND SERVICE, INCORPORATED ELAINE BERTOT, PROJECT CODRDINATOR 35 INDUSTRI�L WAY P.O. BOX 5005 ROCHESTER, NEW HAMPSHIRE 03866-5005 PHONE: (603) 332-9400 2. DIGITAL EQUIPMEN�' CORPORATION MIKE BOUIS, ACCOUNT ExECUTIVE 5555 WINDWARD P.ARKWAY ALPHARETTA, GEORGIA 3 0 2 O1 PHONE: (800) 638-9273 3. BAY RESOURCES INCORPORATED WILL2AM F. PASCUZZI �'AMPA, FLORIDA 33 6 02 PHONE : ( 813 ) 5 71-110 D, EXTENSION 15 D SUMMARY OF RFP 03-96 — SOLICITED: 27 — RECEIVED: 3 — NO RESPONSE: 21 — NO PROPOSAL RESPONSE: 3 — RISK T00 GFZEAT : 1 — NOT INTERESTED: l — DO NOT OFFER SERVICE: 1 ADVERTISING , — PINELLAS COUNTY REVIEW — OCTOBER 6, 1995 — PINELLAS COUNTY REVTEW — NOVEMBER 3, 1995 — TAMPA TRIBUNE — OCTOBER 27, 1995 t<_: �� � s'!1 �,_ -.�,� r '_'""i� �.�:� �n� CLEARRATER CITY COMMISSION ���� Agenda Cover Memorandum St1BJECT: 1996 Underdrain Contract (96-2) � Item # Meeting Dete Y�ECOMMENDATION�MOTION: Award a contract for the 1996 Onderdrain Contract (96-2) to KEYSTONE EXCAVATORB, INC. of OLDSMAR, FLORIDA for the sum of $598,822.50, which is the lowest responsible bid received in accordance with the plans and specifications, � and that the appropriate officials be authorized to execute same. BACKGROIIND: This project proposes to replace deteriorated underdrain systems along City roadways. Underdrain pipe drainage systems are Constructed below roadways to lower the normal or seasonal high groundwater table to an elevation below the roadway base to prevent groundwater from infiltrating and eroding roadway base. Protection of the roadway base materials extends the life of the roadway pavement systems and lowers the life cycle cost of road maintenance. The proposed work includes �8 City streets as described on the attached list. This project will start constructian Feb. 5, 1996 and be completed within the contract time of 250 days. The available balance in Street Maintenance and Resurfacing capital improvement project is sufficient to provide funds for this contract. o0und��.pn �, d Legal N/A Budget '� � Pu�chasi�g Risk Mgmt. N/A 1S N/A ACM„ �1 B � � , ENG.� _,�„ OTHER ? �� Sub— mi ett d by: ��� �• c.. ' - .. City M�noge�I Originating Oept Engineering Oepar � Costs: $598,822.50 tCurrent FY) User Dept. � Funding Source: Engineering Deportment !1clvert i sed: Date: 11/06/95 & 11/15/95 Capt. [mp. X Operating Other Comnission Action Approved Approved W/conditions Denied Cont'd to Paper:SC. Petersburq Times' � � App�opriation Code(s> � Attachments: Not required ' = 315-92256-563700-541-000 List of Streets Affected parties � � eid tabulation and surrmary noti4ied � Not required x r 0 0 LOCAT20N8 FOR THE 1996 UNDERDRAIN CONTRACT STREET SARBARA AVE BAYVIEW AVE BETTY LANE BYRAM DR CARLOS AVE EAGLE TRAIL FLORA RD FREDERICA AVE GLENMOOR RD GREEN MEADOW CT HILLCREST AVE HOWARD ST KENILWICK DR N I.ANDMARK DR LEMON ST MEADOW HILL DR MINNEOLA RD NURSERY RD OAK FOREST WEST OVERLEA ST OVERLEA ST PLATEAU RD RIDGELANE RD SEAHREEZE ST SUNNY PARK RD TALON DR TERRACE RD WILSON RD FROM BYRAM DR DREW ST. WOODLAWN ST RINGS HIGHWAY BYRAM DR EAGLE EST N SUNSET POINT HOWARD BELCEiER RD LANDMARK DR SUNNYPARK BETTY LN LANDMARK DR LANDOVER SUNNY PARK LANDMARK DR MANDARIN DR HILLCREST OAK FOREST S KINGS HIGHWAY KINGS HIGHWAY RIDGELANE RD RIDGELANE CIR SUNNY PARK NURSERY EAGLE EST N BETTY LN KINGS HIGHWAX TO WILSON RD CHESAPEAKE BETTY LN CT HIGHLAND AVE WILSON RD EAGLE EST N HIGHLAND ST THOMAS FLUSfiING CUL-DE-SAC LEMON ST FREDERICA KENILWICK S MEADOW HILL HI I,LCRE ST LANDOVER BARBER DR SUNNY PARK OAK FOREST N CARLOS HIGiiLANID 2069 PLATEAU HIGHLAND AVE HILLCREST HILLCREST EAGLE EST S KINGS HWY FLORA SIDE BOTH WEST WEST BOTH BOTH WEST BOTH WEST BOTH BOTH EAST BOTH BOTH WEST BOTH NORTH SOUTH NORTH WEST BOTH SOUTH BOTH NORTH BOTH WEST WE5T HOTH SOUTH � m � O Z O g � m H � G O � 3 Q 2 � O a m � S ° $ $ � ° ° 8 g 8 � a0 � O O N oi M ui Q �[i V cv v a r• � o m Z � � N � OQO '" V h � H 30a a ��� �vH � r�i, o 0 0 ��i, n �°n, °o, �°n, (> � �! 1� 'at tC! N 1� .- N O N z� � � � � s} Q � O � � � � Z � � y pdQ N Q N �Cy)�O �C W O �j w N co co M co O O �O c0 Zr N �t � M c7 � st O et tt '� � CO t0 t0 N O N O a0 d' r e- .- N f7 � ln � '� C) rn M Z � � 0 N WUtJi. � �'�^ N N wOG CC C) O O O O � O � � O O O �.1 tC o0 f� cD N n � ti0 O tn 1L �-- r �- r- (O 0 N lt� Q1 Q�� � <O V m .n W � W�.. Q U a ..i � Q Ll V) LL LL LL } LL. tL LL. Z (n J J J uj (n J (/j � J O O O � � O a0 00 N p �n N � .-^ �p In � M N W jn � N V � � Q � O � W w N � � O W U W Q OG � 0 � OC � G Q Q p °o J J �` � W � W � Q oc z w � � � � O � w � w a Q�Q z N z � � � � O X (G Q 3 3 Q� z Q o Q q Z �Q Z > �i � Q � 0 O O f� �� J 0 N � Z W w�m a w W U � Z Z at/�i CL � Q U J j j = N W LL+ O O j t~i� n. a Z� �N � v,,, z � �o �Q >� � m a .�, Z � � V X� 0� U U � � O � a � Ci F_ I." � W � � V N N O Q =� N U N a 0. w O O w-�+ N� o � O r a Q U U ¢ u. Q 4 U tt (� � 0. � OZ .= cv ri v ui ca t� ao ai � Q � � N � m a � � vi U w a � 0 Z Q N N ZQ � a� a �z c7 � z� �Yln U � a v=i D u� cn �00 �aaca DOO m U C, � 0 � � «� �) s � t`o�� �- �1� � � GLEARWATER CITY COMMISSION Agenda Cover Memorandum l.�- SUBJECT: Water Main Replacement Contract - Phases 13, 14 and Morninqside Underdrain Replacement (95-12) I tem # Meeting Date � . `-� . r�' I�iorningside and RECOMMENDATION/MOTION: Award the WATER MAIN REPLACEMENT CONTRACT - PHASES 13, 14 and MORNINGSIDE AND MORNING3IDE UNDERDRAIN REPLACEMENT (95-12) to ALL AMERICAN CONCRETE, II�1C. of 8T. PETERSBURG, FLORIDA for the sum of $2,826,554.00 which is the lowest most responsive bid received in accordance with the plans and specifications, � and that the appropriate officials be authorized to execute same. BACRGROUND: This contract is for the replacement of water mains in Phases 13 and 14 of the Water Utility Bond Program, replacement of water mains and subdrains in the Morningside Subdivision and the replacement of a stormwater force main on Clearwater Beach. Phase 13 is for the replacEment of water mai.ns on Clearwater Beach, Phase 14 is the area bounded by Gulf-to-Bay Blvd. , Belleair Road, Highland Avenue and Belcher Road. Project includes approximately 95,000 feet (18 miles) of water main replacement. The water main and underdrain replacement in the Morningside Subdivision were combined in this contract to minimize disruption to the area. The stormwater force main replacement on Clearwater Beach was included due the similar nature of the work. The purpose of the Water Bond Program water mains within the project areas existing mains as needed for improved is the r�placement of all 2" galvanized and the interconnection and upsizing of circulation and fire protection. This project will start on or about January 8, 1996, and is scheduled to be completed within 610 calendar days (approximately 20 months�. The order of construction will be Morningside� Phase 13 then Phase 14. The stormwater force main will be constructed concurrently with the work in Morningside. Water Main Water Main Underdrain stormwater 13, 14 & Morningside Bond 13, 14 & Morningside Line Relocation Replacement - Morningside Force Main Replacement Contract Total $2,138,162.00 (96707) $ 410,922.00 {96704) $ 187,815.00 (92256) $ 89L655.00 (96104) $2,826,554.00 The available balances as of 11/16/95 in the Main Construction-Bond Project (96707) is $2,138,162; the Line Relocation/Capitalized Project (96704) is $1,913,905; the Street. Resurfacing Project (92256) is $2,438,090; and the Storm Drainage R&R Project (96104) is $602,400, which are suff icient to fund this contract. Rev � Legal N(A iBudget J � Purchasing Risk Mgmt. N/A ( S N_� ACM � 1_ ENG � � OTNER I � Originating Dept. Ep g Service �� s t_ .` Public WorkslWater Acive�t i sed: Costs: �2.826,554.00 (Current FY) Funding Source: �� ; Capt. [mp. X Date: 09/29/95 8 10/05/9_5 � Paper:St. Petersburq Times� Not required t�'1'i Affected porties � 5ubmittc�d by: �� � notified it �� / _ City ManAge � Not required i. 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'�(. �t ' ( Q� �i N �� v � a v� � H � H � � z . � � � � � � Ao�� � � � �- � o~o �i �i z° � —""'�r.�wW�f..+.�.� w . �— .. . . .. i�...e.._. . .. .. . ....�.. . . .. .. . . . � 7. • ' •, ' \ •, • . • • • ' , � � � � �� � 1 0 . , _ _■ , , I � � � � � � � � N� ; �•, R ;� g CLEARWATER CITY COMMI�GION �- �'�ttEa!�`°� � ��,� i � Agenda Cover Memorandum � ` Item � / Meeting Date � - - 1. � , �? �' 8UBJECT: 1996 STREET RE3URFACING CONTRACT (96-1) RECOMMENDATION/MOTION: Award a contract ior the 1996 Street Resurfacing Contract (96-1) to GOLDEN TRIANGLE ASPHALT PAVING COMPANY of CLEARWATER, FLORIDA for the sum of $927,720.00 which is the lowest responsible bid received in accordance with the plans and specifications, [� and that the appropriate officials be authorized to execute same. BACRGROUND: The City of Clearwater annual street resurfacing program is designed to restore the roadway wearing surface, provide a protective coating, and maintain the structural integrity of the road substructure throughout the City street system. The work consists of utility adjustments, asphalt milling, asphalt patching, miscellaneous curb, street and drainage work. The attached list of streets, alleys and parking lots will be improved with this contract (see attached list). While the amount budgeted annually for street resurfacing is sufficient to resurface approximately one-tenth of ou.r total paved street mileage, and while the streets do have an average lif e of approxirnately ten years, the criteria for ranking streets and prioritizing their dates of resurfacing is based solely on their structural integrity, safety, and appearance, and not on any time interval since their last resurfacing. A street which might be totally adequate as to its structural stabi.lity but whose surface course has worn so thinly that water might rnove through its limerock base and subsequently weaken it, must be resurfaced in order to preclude the drastic expense of completely rebuilding a road which has lost its base strength. Streets which have scattered minor areas o� settlement, but which might have entirely sufficient wearing course thickness, are more economically repaired by the use oi a leveling course which involves extra thickness in the areas of settlement. When it has been determined that all but one or two of the numerous streets within a well-bounded subdivision area to be resurfaced in a given year, with the one or two streets remaining to be resurfaced in the next year, all of the streets within that subdivision will be resurfaced in that first year. The more typical case is that in which it is determined that some of the streets in an area qualify for resurfacing and others in that same area do not. This is not so readily discernible to the average citizen. The objective is tn place the resurfacing where it is most needed. The streets are examined individually for the following items: Reviewed by: Legal N/A Budget Purchasing y Risk Mgmt. N/A ; Originating Dept �� ; Engineertng Departm� User Dept. Enyineering Department Advertised: DIS N/A ;D�te: 11/13/95 & 11/Z2/95 i ACM WC�3 �i� r,�r �Paper: St . Petersburg TimPs Other N/A i\/\, �.,,; Not requi red ' � � �+ Submitted by: . ; Affected parties � ' not i f i ed . � Cit anag � Not required X � OOsuoo�.spn Costs: R927,720.00 (Current FY) Funding Source: Capt. imp. X Operating Other Appropriation Code(s) i 315-92256-563700-541-000 continued: Cortmissio� Action Approved Approved w/conditio�s Denied Cont'd to Attachments: List of Streets to be done. Bid Tabulation/Surtmary Page 2 continued: Agenda Item: 1996 Street Resurfacing Contract (96-1� 1. Alligator Cracks - a series of small blocks resembling an alligator's skin or chicken wire. 2. Channels or ruts which may develop in the wheel tracks. 3. Corrugations (washboarding) - a form of plastic movement typified by ripples ; across th� pavement surface. ; f 4. Disintegration - the breaking up of a pavement into small, loose fragments � due to traffic or weathering. j � 5. Longitudinal Cracks - a crack that follows a course approximately parallel � to the centerline. _ 6. Pot Holes - bowl shaped holes of varying sizes in the pavement, resulting from l�calized disintegration. 7. Raveling - the progressive separation of aggregate particles in a pavement from the surface downward or from the edges inward. The degree of difficulty associated with each parameter results in the position of the street on th� priority list. The streets scheduled for resurfacing in this contract have all been determined to warrant their inclusion by virtue oi an inspection and prioritization process performed by the Engineering staff. The number and length of streets involved in any resurfacing contract is a direct function of the amount of our annual funds to be expended at any given time. A pre-construction conference wil.l be held immediately following the execution of �the c�ntract documents. The contract time schedule will begin sometirne during the month of �?anuary, 1996. The contract period is for 180 days. The availabl� balance in the Street Resurfacing capital improvement project is sufficient to fund this contract. � � O Z O 5 � Fa- H Q 0 � � 3 Q �9 Z Z O C m r� �°888°8: 88 �fa cN � v i0 u�'� N M � Q e�nv �++ c�� c� Z��a ^ � N w � � °� 9g _ � °� � � �� 8 o S�� o S 8 Z . 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A _ _ o� � �=��..� �c � � � � -- � a � "`Q s. ��� � �lw� � � �u.� ,--� ��� =%`�G � � � ��' o....�._.�-� ��_� . � � ���.� � � � � � � PAGE 1 S 3 1 5 7 4 4 6 6 1 1 1 5 4 2 5 5 5 4 4 1 5 1 2 7 1 1 e 9 7 S 7 6 3 9 9 9 5 ? 5 1 1 1 1996 RE3URFACING CONTitACT STREET: AI,LAPATTAH DR ARCTURAS AVE ARI,I E AVE ASHCROFT CT RURORA AVE AVANDA CIR N&S BARBER DR BASCOM WAY BECKETT ST BROOK DR BRUSHWOOD CT BUCKEYE CT BUXTON CT CAMELLIA ST CHAUCER CiiAUTAUQUA AVE CIRUS AVE CORONA AVE DE LEON ST DRUID PARK DR N DRUID PARK DR W DUNWOODY CT EDGEWOOD AVE ENDICOTT CT ENTERPRISE RD EVERGREEN AVE EXETER DR FAIRGREEN DR FAIRMONT ST FERNWOOD AVE FRANKLIN CIR FRANKLIN ST FRANKLIN ST GRRDEN AVE GLESHER GROVEWOOD CT GROVEWOOD RD GUI,F VIEW PARKING iOT GUNN AVE HILLCREST AVE HOBART AVE HOI,BROOK CT HYDE PARK CT HYDE PARK DR FROM: TO: MASTER5 DR HYDE PARK DR DREW ST CLEVELAND 5T BAYSHORE BLVD 500 FOOT WEST LANDMARK DR CUI,-DE-SAC GULF TO BAY RA.II�TBOW DR FRANhZIN AVE CUI, DE SAC JAFFA PL MINIJEOLA RD MANDARIN DR BA.RBER DR FULTON AVE �ISON AVE OVERBROOK AVE SPRINGTIME AVE CUL-DE-SAC NORTHRTDGE DR CUL-DE-SAC COUNTRYSiDE BLVq LANDMARK DR CUL-DE-SAC GUNN AVE WEST OLD COACF�II�N RD KILMER AVE THIRD AVE N THIRD AVE S GULF TO BAY DREW ST DREW ST CI,EVELAND ST HIGHLAND AVE GULF TO BAY DRUID P.ARK DR W CUL-DE-SAC DRUID PARK DR N DRUID RD MEADOW WOOD DR CUL-DE-SAC RIDGEWOOD ST DREW ST CUL-DE-SAC COUNTRYSIDE BLVD EAST OF VILLAGE 1000 FOOT AREA FRANKLIN AVE SR 60 LANDMARK DR SANDY RIDGE DR HYDE PARK COUNTRYSIDE BLVD KINGS HIGHWAY BETTY I,ANE GULF TO BAY NASH ST MISSOURT AVE LINCOLN AVE HIGHLANA AVE GLENWOOD AVE LINCOLN AVE HILZCREST AVE JONES ST MYRTLE AVE PRESTIGE DR SUNSET POINT RD GROVEWOOD RD MINNEOLA RD BELCHER RD GROVEWOOD CT MILLING TO RID STANDING WATER GULF TO BAY RAINBOW DR FRANKLIN AVE COURT ST RIDGEWOOD ST DREW ST CUL-DE-SAC COUNTRYSIDE BLVD CUL-DE-5AC HYDE PARK DR MEADOW WOOD DR MASTERS DR Page 1 1996 RESVRFACING CONTRIICT PAGE STRERT: 1 1 4 1 5 5 5 6 1 5 9 5 1 1 J 5 4 1 9 9 5 6 5 1 8 1 5 5 6 5 3 6 5 5 5 8 4 1 5 6 8 iiYDE PARK PL INVERRARY DR JAFFA PL JASON DR JEFFORDS ST JUPITER AVE KEYSTONE AVE L'A SALLE ST LANDMARK DR LIVE OAK CT MANDARIN DR MARS AVE MASTERS DR MF.ADOW WOOD DR MERCURY RVE METEOR AVE MINNEOLA RD MONTROSE DR N. DRUID CIR. NASH ST NEPTUNE AVE NI CHOI,S ON ST NIMBUS AVE NORTHRIDGE DR OAK BARK OAK CREEK DR OR.ANGEWOOD AVE ORION AVE OVERBROOK AVE PEGASUS AVE PRE5TIGE DR RATLROAD (EAST) RAINBOW AR RAINBOW DR RIDGEWOOD ST ROLLEN RD S. DRUID CIR. SANDY RIDGE DR S�ITURN AVE SEMINOI,E ST SETON CT FROM• CUL-DE-SAC MASTERS DR MANDARIN DR OAK CREEK DR LAKE DR RAINBOW DR GULF TO BAY GREENWOOD AVE FARNHAM WAY JEFFORDS ST JAFFA PL GULF TO BAY INVERRARY DR LANDMARK DR GULF TO BAY GULF TO BAY MAIJDARIN DR MASTERS DR DRUID PARK DR W OLD COACHMAN RD MERCURY AVE PINELLAS TRAIL GULF TO BAY CUL-DE-SAC SETON DR LANDMARK DR RIAGEWOOD ST GULF TO BAY SUNSET POINT GULF TO BAY ABBEY LAKE RD SEMINOLE ST KEYSTONE AVE NIMBUS AVE GLENWOOD AVE SAI3DY LANE DRUID PARK DR W LANDMARK DR GULF TO BAY PINELLAS TRAIL SETON DR Page 2 � HYDE PARK DR HYDE PARK DR BARBER DR CUL-DE-SAC KEYSTONE AVE CLEVELANA ST CLEVEL�ND ST MARTIN LUTHER CURLEW RD CUL DE SAC MII3I3�OLA RD DREW ST HYDE PARK DR COUNTRYSIDE BLVD DREW ST DREW ST GROVEWOOD CT HYDE PRRK DR CUL-DE-SAC EVELYN AVE RAINBOW DR PENNSYLVANNIA AVE DREW ST COUNTRYSIDE BLVD CUL DE SAC TANGLEWOOD DR DREW ST DREW ST SPRINGTIME AVE CLEVELAND ST GLESHER MARSHALL 5T CORONA AVE ACTURAS AVE WOOD AVE FAIRMONT ST CUL-DE-SAC FARNHAM WAY CLEVELAND ST MYRTLE AVE CUL DE SAC 1996 RE3URFACING CONTItACT PAGE STREET: FROM: 8 SETON DR SUNSET POINT RD 5 SMALLWOOD CIR GLE�NWOOD AVE 1 SPANISH OAK CT CUL-DE-SAC 1 SPRINGWOOA DR CUL-DE-SAC 5 STAR ST VENUS AVE 1 SUN GLOW DR MASTERS DR 8 SUNSET WOOD5 SETON DR 8 TERRACE RA KINGS HIGHWAY 2 THIRD AVE CHAUTAUQUA AVE 1 TRAIL GLEN DR MASTERS DR 1 TRAILWOOD CT CUI�-DE-SAC 5 VENUS AVE GUI,F TO BAY 2 VII,LAGE DR ENTERPRI5E 6 VINE AVE MAPLE ST 7 WATTERSON CLEVELAND ST. 9 WHITMAN ST OLD COACHMAN RD 5 YELVINGTON AVE GULF TO BAY INTERSECTION IMPROVEMENTS METEOR AND RAINBOW -CUT OUT CROWN ON RAINBOW GULFVIEW PARKING LOT- MILL AND REPAVE 96SURF.JWR Page 3 i s. .. , TO: MONTCLAIR RD MAPLE ST COUKTRYSIDE BLVD NORTHRIDGE DR ORION AVE HYDE PARK DR CUI� DE SAC Rt�LLEN RD CITY LIMITS HYDE PARK DR COUNTRYSIDE BLVD DREW ST COUNTRYSIDE PALhIETTO ST DREW ST KILMER AVE RAINBOW DR � � � � � :. 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L -�1 3hV SOIiJV� � W ''' a o z S O p� �- Y � Z io 1 � rc a 3/�V Vl1VB V� � �.._� AVMI I�IH 1- 1- �- � N U� ✓1 l C oa N3i7oa � �., � 2 m � Y � "L __ a -- - v5 �_-- I _ ..... ��K) O o'r+o-- �-..� t, \ �v / / 3�vaa3i � � ��b � � � J �j�j U m `^ �z r m � x � W��� a S�WI� � � rc � v�� U � _ --- ��������-_----_ ✓�! � � � � "• l ►I ..l � �'► �- FOR COMMISSION MEETING January 4. 1996 BOARD: Design Review Board TERM: 4 years APPOINTED BY: City Comrnission FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT; City of Clearwater STAFF LIAISON: Central Permitting Agenda # MEMBERS: 7 CHAIRPERSON; Art Shand MEETING DATE: PLACE: APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 1 l4196 SPECIAL t1UALIFICATIOtVS: Three members (one per area) shall be property owners or rnerchants within the affected areas (Clearwater Beach, Downtown Clearwater, and the North Greenwood commercial districtl; two shall be design professionals (i.e., architects, landscape architects, engineers, or urban plannersj; and two shall be "At-Large", THE FOLLOWING ADVISORY BOARD MEMBER(S► HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Nam� AR�ointment Record 1. Vacant Seat - Area Property owner or merchant - Downtown Interestin re.a�ooir�tment Central Permitting found #3 to be the on{y eligible candidate for the seat needed, therefore, only that application is copied. THE FOLLOW{NG NAMES ARE BE{NG SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANC{ES: �.u- :.. 1. David Alibritton 305 Hillcrest Dr., N., 34615 2. Edward Batsford, Jr. 1018 Sedeeva St., 34615 3. Mark Cagni 144 Devon Dr., 34630 4. Sheila Cole 252 Dolphin Pt., 34630 Commen � F3.ela�ed Experience, Etc. General Contractor General Contractor General Contractor Hospice Volunteer Director current rnember Beautification Committee would resign off that 5. Richard Fleming Interior Design Student 2545 NE Coachrnan Rd., #80, 34625 6. Humberto Fontana Social Reforrn Director w/ Church Scientology 16432 US19N, #228, 34624 Continued � , : ._ _ DRB volunteers Cont, 7. Herbert Freitag 829 Narcissus Ave., 34630 8. Gienn Hough 1862 Castle Woods Dr., 34619 9. Mark Jonnatti 2775 Quail Hollow Rd.,E., 34621 10. Sam Lampson 1447 Springdale St., 34615 1 1. Susan Orneck 644 Island Way, #206, 34630 12. Janet Ott 1717 Starlight Dr., 34615 13. Tal Rutledge '1109 N. Greenwood Ave., 34615 14. Arthur Walsh 2066 Madrid Ct., N., 34�623 Minister current rnember Community Relations Board wouid resign off that Contractor/Engineer Arch itect Self-employed - Quality Neon Sales/Marketing Design Interior Designer past member North Greenwood Design Review Committee Retired New York City Fire Dept. & restaurant owner 15. Robert Waterston CPA 2545 NE Coachman Rd., #87,34625 16, Geoffrey Weber 100 Winciward Island, 34630 17. Gary Young 3063 Homestead Ct., 34619 Zipcodes of current members on board: 3 at 3461 5 1 at 34616 1 at 34623 1 at 34624 1 vacant Consultant Architect � /+�T /\ �' /�1 � � • �' ^'1 �. � Y vr ..���1,�'i�ti �� c� ��p��c3:ion �or �dv�sory d�arCs tirn�st be Cie3swater �es��e�tf � ,���1��� R Name Mark Cagni ��R � 5 ����_^ Home Address: Office Address: Ctii ���RK �E��� 144 Devon Drive Clearwater Beach ZIP; 34630 Telephone �813) 442-4037 635 Court Street Clearwater Telephone (813) 443-7862 ZIP� 34616 How Long a res�dent of the City o( Clearwater? 1�J Years _ Cccupacicn �eneral Contractor Empioye: Cac,�n�C�n�tr_ists� (`nm�n.�ny Field of Education: Bachelor of Scienc� Other Work Experience: Real Estate BrokPr _ Building Construction State of Florida University of Florida . If retired, farmer occupation Communicy Activites: Rotary Other Interests: National Association of the Rem�c��l ; r,� Tnr��ic±=�-T Board Member, Contractor's & Builders Association Remodelors Council eoard Service (current and past? Affordable Housing Advisory Committee Board Preference: �- . � ;- - . :�� • Additional Comments: I Plan to alwavs �have m� �.1 a�_�f ��s��es�----- in the Downtown area, and•therefore am very interested and concerned a out t e future of this area. Signe�:�� • Date: March 13 . 1 Q9 S Please see attached list Tor Boards that require r=inancial Disclosure. PL�hSc n� i URN i�!S FORM TO: City Clerlc's Departrnent P.O. Box �745 Clearwater, FL 34018 � Name �� Home Address: � �t 1�" � v�l ��' CITY OF CLEARWATER �` 1 ' Application for Advisory Boards C��1� o � r� c:�-� �� (must be Clearwater i n 1 � - . -��G� C'��7 � I��'� S. �/�f(�,dNO �tJ� Office Address: �'f0 c0��7 S�, ��i�i �i'� ZtP:�7C0 �� �� � ) � ZIP: 3Y'c.YI�O Telephone �( ��7�� ' 2�Y 3� Telephone t'1� 3' 7`� �' 3�Si' How long a r i en of the City Qf Clearwater? Z�/���5 O�cupation �N� ��►2� �S �P�rr?�=� Employer l�/�S r��r-'� Fieid of Education: Other Work Experience: � �� , �%%�'� �G ��� j�ti� � � � �1 /JUS7y�t�Y2� CDID� 5��2%� , 1�I�4��/�c..� �j � t1�127/S��Y..� If retired, former occupation Community Activites: Other Interests: Board Service tcurrent and past) Additionai Comments: Signed; B�ard Preference: �i i _ � . � . - /�l.t�.�./..L. �� / / Piease see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 � , � !, , �ECEIYED JAN 0 2 1996 c�iY c�c o,rr, S T E P H E N K E N N E T H H A C K L E Y Stephen Hackley w�s hom on July 1, 1�55 in Des Moines, to��a and �rioved to 'I'exas at tlie age of 4. 'I'here he �ttendecl Good Shepherd Catholic School from the first through eighth grade. He beg�z an interest in cirawing at �out age ten, and at thirteen entered � pencil dra�ving in his first �rt sho`ti�. The show was for Dallas County schools, �rZd Stephen received a Special Award for his piece. 'I'he following year he attended Bussey 1r Hi�h, and there he ��in entered a��iece in the Dall�s County Schools �u-t show. Tlus rime he took Second Prize in the landscape di�rision for his pastel paintin�. In 1 �£io he began a 4 semesrer progr�m at T�trrant County Jr. College, �chieving ��.0 �racle poinr averzge �Zd making the dean's tist and honorary Phi 'I'heta Kappa for the 4 sernesters. He entered � design piece in a juried art exhibirion and took honor-�ble rnenrion for the shov�r. His design instructor photographed n��ny of Stephen's design completions to be usecl as exarnples for future classes. I-ie workecl his �n�ay through college �s a portrait �rtist at Six I�lags Over Texas. There he was chosen as guest �rtist for a speci�l television broadcast called 4 Country Reporter, hosted by Bob Ptullips, which featured events in Texas. Stephen als�o learrlec� the �rt of c�-icature and did many events in the Dallas• Ft. Worth �re�. In i�8� Stephen ��ent into the app�rel industry as a parmer in a fimZ �vhich he helped grovv to becoizle ot�e of the largest wholesaler's of wornen's ap�arel in the U.S. When the busine�s moved to its present 33,00o sq. ft. facility, he he�ded up the interior design project, �nd also created �l.l of the companies' various lo�os . In 1�9� Stephen purcha..sed the chiIdrenswear division of the Texas com��any, and moved it to Cleanv�ter. The business, Kids Resource, is located at G4o Court Street, where boti� he �nd his wife, Pamela, work. They Purch�sed the building in July, 1995. Ste�hen conrinues his work as a desi�ner �zd illustrator, and has done � number of prornotional pieces for l�c�l businesses, �s well as his o�vn business. He is also active in the community, and ciesigned t�ie T-sturt for the 1 J94 and 1 J�5 Winter Wonderland, as well �s the stage pro�s for the Hands of Hope quilt for ti�e P�nell�s County foster clvldren Christn�as probrlm. St�phen and P�mela hat�� nvo boys, Trevor age G, and Jon�h �ge 8 ��eeks. � � �1 � g �-- �� MEMORAN�UM � ' TO: The Honorable ayor and Members of the City Commission � FROM: Pamela K, Aki , City Attorney RE: Ordinance Limiting Use of Municipal Seal DATE: Decernber 14, 1995 Piease find attached a proposed ordinance which would officiaily adopt the City seal for purposes of enforcernent pursuant to Florida Statutes 165.043. It also provides a mechanism by which a person may obtain permission from the City Commission for use of the seal. Florida Statute Section 165.043 states that a municipality may adopt by ordinance an official municipal seal. Once it has done so, the use of the seal by other than municipal officials or emptoyees in the perforrnance of their official duties without the express approval of the gove�ning body of the municipality would be a seco�d degree misdemeanor. PKA:jmp Attachment Copy to Elizabeth M. Deptula, City Manager �:11►:► ►1 '•: '� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ARTICLE III OF CH[APTER 2, CLEARWATER CODE OF ORDINANCES; DESIGNATING AN OFFICIAL CITY SEAL; ESTABLISI3ING G�ENERAL RESTRICTIONS ON THE USE OF SAID SEAL; PROVIDING AN EFFECTIVE DATE. WHEREA►S, the State of Florida, pursuant to Section 165.043, Florida Statutes, has designated authority to the governing body of a municipality to designate, by ordinance, an official city seal; and 'W���EA.S, the State of Florida, pursuant to Section 164.043, Florida Statutes, has established penalties for the unauthorized use, display, or other . employment of a city seal once it has been officially adopted; now therefore, BE IT ORDAYNED BY THE CITY COMMiSSION OF THE CITY OF CLEA.RWATER, FLORIDA: , ection 1• The seal attached hereto as Exhibit A is hereby formally adopted as the Off'icial City Seal of the City of Clearwater: (See Exhibit A, attached hereto.) �� That Chapter 2, Article III, is hereby amended to add section 2.005 to read as follows: 2.005 City Seal-General restrictions. It shall be unlawful for any person to manufacture, use, display, or otherwise employ in any ma�er or for any purpose whatsoever the seal of the city or any facsimile or reproduction thereof, except: (1) The officers and employees of the city in connection with the performance of their official duties; or (2} Such person shall have first obtained the written pemvssion of the City Commission. , ectiQn 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin City Attornev CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Cornrnissioner Attest: Cynthia E. Goudeau City Clerk 2 .� � 0 0 DAT . _ � B � � � �a►t� � �� ' � � •► ►• •• 1 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING ORDINANCE NO. 601 ADOPTED BY THE CITY OF INDIAN ROCKS BEACH; AGREEING TO COMPLY WITH THE TERMS THEREOF, INCLUDING ALL REASONABLE ORDINANCES ADOPTED BY THE GRANTOR OF THE FRANCHISE WHICH ARE APPLICABLE TO THE FRANCHISE ACTIVITY AND NOT IN CONFLICT WITH THE TERMS OF THE FRANCHISE; PROVIDING AN EFFECTIVE DATE. � WHEREAS, the City of Clearwa'�r, Fiorida, functions as a utility for the purposes of providing gas service; and WHEREAS, the City of Indian Rocks Beach, Florida, has granted to the City of Clearwater the right to make gas service available in the City of Indian Rocks Beach as set forth in Ordinance No. 451 as adopted by the City of Indian Rocks Beach on May 16, 1988; and WHEREAS, the City of Indian Rocks Beach has arnended Ordinance No. 451 as set forth in Ordinance No. 601 as adopted by the City of Indian Rocks Beach; and WHEREAS, in order to make such amendment to the Franchise Agreement effective, this resolution must be adopted; now, therefore, BE IT RESOLVED BY THE CITY COMMISSfON OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater hereby accepts the amendment to the Franchise Agreement as set forth in Ordinance No. 601 adopted by the City of lndian Rocks Beach, Florida, on November 15, 1995, a copy of which is attached to this resolution as exhibit A. Section 2, The City of Clearwater agrees to comply with the terms and conditions of Indian Rocks BeacFi� Ordinance No. 601, as it amends Indian �ocks Beach Ordinance No. 451, Section 5, and further agrees to comply with all reasonable ordinances of the City of Indian Rocks Beach applicable to the activity permitted by the Franchise where such ordinances do not conflict with the terms of such Franchise. �ection 3, A certified copy of this resolutinn shall be delivered to the City Clerk of the City of Indian Rocks Beach, Florida, promptly following its adoption. PASSED AND ADOPTED this day of , 1996. Rita Ganrey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk U w a � U � 4 � a E � � � � � � w � E� a� z w O V F � � Q � W x x a � � ORDINANCE NO. 601 AN ORDINANCE 4F THE C1TY OF INDIAN ROCKS BEACH, FLORIDA, AMENDING ORDiNANCE NO. 451, GRANTING TO THE CITY aF CLE�IRWATER, FLORIDA, A MUNICIPAL CORP�RATION, A FRANCHISE FOR THE PURPOSE OF FUFiNISHiNG GAS WITHIN THE CITY OF INDIAN ROCKS �3EACH, SECTION 5; UNTITLED, BY PROVIDING FOR THE GRANTING OR DENYING OF PERMiTtS1 WITHIN 10 WORKING DAYS FROM APPLICATION; PROVIDING FOR SEVERABILtTY; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDIiV/�NGES IN CONFLICT HEREWITH, TO THE EXTENT OF SUCH G�NFLICT; AND PROVIDING FOR AN EFFEC�'IV� DATE. BE tT ORDAINED BY THE CITY COMMISSION OF THE CITY OF iND1AN NOCKS BEACH, FLORIDA: SECTION 1. Ordinance No. 451 of the City of Indian Rocks Beach, Florida, is hereby amended to read as follows: _.� � � �� 0 : � � a � A- oc W � x d w � � � U °� � d Q z < w 0 �- � 0 � � � U U � O 0 z a � � w z � 0 "SECTION 5. Grantee shall install the necessary facilities or equipment at its own cost and expense and the same shal! be and rernain the property of Grantee, and Grantee's facilities or equipment and other physical properties used in connection with the furnishing of gas under this franchise shall be free from any ad valorem and occupational license tax of Grantor so fong as such remains Grantee`s property. All mains� and pipelines shall be laid underground. Grantee shall repave or relay, within ten (10) days, all streets disturbed by Grantee for any reason unless there is a previously-approved schedule. Grantee shall restore such streets with the same quantity and quality of rnaterial, or its eguivalent, as existed prior to the commencement of such work. Grantee shall obtain a perrnit frorn Grantor, without charge, p�ior to the construction or installatio� of any facilities or equipment, and supply Grantor with as-built dravvings of al! such facilities or equipment. Grantor shall i�s�e e+ther qrant or denv such permit within ten { 101 working days from application therefor by Grantee. Shouid Grantee fail or refuse to restore or repair such property within such period of tirne, th�en Grantor, after ten (10) days wr�tten notice to Grantee, shall have such repairs and restoration done and the expen es incident thereto shall be paid by Grantee. In the event that relocation of Grantor's or Grantee's property is subsequently required, that party requiring such relocation shall pay the other for all costs incident thereto." SECTION 2. lf any portion, part or s�ction of this ordinance is declared invalid, the valid rema'snder hereof shall rernain in full force and effect. EXHIBIT A � �E,�TION 3. All ordinances, or parts of ordinances, in confiict herewith are hereby repealed, to the extent of such conflicts. �.ECTION 4. This ordinance shall become effective immediately upon finai passage as �equired by law. PASSED ON FIRST READING: October 18. 1995 OFFIC{AL PUBLICAT{ON DATE: November 5. 1995 PASSED AND ADOPTED ON SECOND AND FINAL READING: November 15. 1995 ��� � Robert H. DiNicola, Mayor/Commissioner ATTEST; ' i� ll�. �'�� c �:C'.0 Deanne Bulino O'Re� ly, CMC, City Cfe� ORDINANCE N4. 641 _2_ 0 ,� i: •_ M •, ,. �. � L� .� . A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission o� the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real proper�y within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have action within the time provided and have of appeal within the tirne allowed, or violation but failed to take remedial provided by the Code Enforcement Board, for the City to take remedial action; and failed to take remediai failed to file a notice appealed the notice of action within the time and it became necessary WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY CONII�IISSION OF THE CITY OF CLEP,RWATER, FLORTDA: Section 1. The City Commission £inds the preamble hereof to be true and correct. SestiQn 2. The City Comrnission hereby assesses a lien upon each parcel of real property listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown on Exhibit A. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A and to record the same in the public records of Pinellas County�, Florida. 1996. PASSED AND ADOPTED this day of , Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk EXHIBIT A / D�CEMBER PROPERTY QWNER LEGAL DESCRSPTION CQST Teretha H. Pugh / Avondale, BIk G, Lot 1 $ 35.00 Philip R. Joseph Teretha H. Pugh / Avondale, B.Ik G, Lat 1 94.29 Philip R. Joseph American Health & Bassadena Sub B1% D Lt 15 & 35.00 Acci den t Ins . El /2 Lo t I. 6 Nicholas/Marie Chelsea Woods Phase III Lt 28 145.93 Papageorgiou Francine Cammarata/ C�earview Lake Est, Lot 59 69.05 M. Saldana Francine Cammarata/ Clearview Lake Est, Lot 59 56.03 M. Saldana G.Keith Capodicasa Countryside Tract 7, Lot 8 49.15 Da vi d% Tra cy Mi I 1 er Forres t Hi 11 Es t U- 4 L t 10 8 3 5. 0 0 Bessie Edwards/ Greenwood Manor Lot 7 60.80 Susie E11is Troy D. Payne Jr. Greenwood Park #2 Blk D Lt 51 35.00 Pearl Partick Est Greenwood Park #2 Blk D Lt 56 35.00 c/o Homer Patrick PR W S F Trust 8/6/90 Greenwood Park #2 Blk E Lt 36 35.00 Martha C. Gerald Greenwood Park #2 Blk E, 68.19 c/o Julius Gerald Lots 65-66 Angela I. GZidden Greenwood Park #2 BIk F Lt 47 35.00 Melanie J. Barrett Highland Pines 6th Add 84.04 B.Ik 38 Lt 4 Steven Schwartz Ira E. Nicholsons Add, Blk I, 66.28 Lot 10 less street Salathiel Gaiter Ira E. Nicholsons Add, Blk 1 42.86 La t I 3 L.Lynn Rose, Tre. C.E.Jacksons Sub, Blk 2& 41.D7 Trus� 545063413 NSO' Lots 7-8 Eddie J. Walker Lincoln P1ace Blk 1 Lt 36 $ 36.71 James Brooks Jr./ Lincoln Place Blk 2 Lt 6 35.Op Cleo Sommons ADMIN. �'H,$�B.�F 200.00 200.00 200. 00 200. DD 200. 00 I I • I, 200. 00 200. 00 200.00 200. 00 200. 00 200.00 200.00 200. 00 200. 00 200.00 200.Q0 200.00 �QTAL 235.00 294.29 235.00 345. 93 269. OS 256. 03 249.I5 235.00 260.80 235.00 235.00 235.00 268.19 235.00 284,04 266.28 242.86 241.07 200.00 $ 236.71 200.00 235.00 a � EXHIAIT A f DECEMBER pR,�.pERTY OWNER j���'AL D�,�CRIPTION COST Marie Wigall Est c/o Audrey McBee Carrie Palmer 1604 N Ft Harrison Ave Inc Shirley M. Laffoon Lincoln PZace BZk 3 Lt 4 Lincoln Place Blk 4 Lot 12 E,A. Marshalls Sub Lt 16 E.A. Marshalls Sub, WI/2 Lts 32-22 35.00 35.00 35,00 36.24 Wladyslaw/Jadwiga McVeigh Sub, �lk C, Lot 5 35.00 Kotowicz Louis B. Szarka Montclair Lake Est, Lot 76 57.39 Paul S. Charles/ Norwood Sub Blk A, Lot 8 52.94 Robert S. Mitchell less S10' for Street Beatrice F. Taylor Navajo Park Revised, Blk H, 58.55 Lots 23-24 R.Michael Shumaker Navajo Park Revised, B1k D, 35.00 Lots 4-5 EI1a Rhodes Pa.Zm Park, Blk C, Lot 1 58.35 Christine Keno Palm Park, Blk C, Lot 8 75.56 Daisy Williams Pa1m Park, Blk C, Lot 16 78.46 James LiddelZ Jr. Pennsylvania Sub, Lot 8 35.26 Rupert J. Hi1.1 Sr. Pennsylvania Sub, Lo� 9& 51. 4 0 S10' Lot 14 James/Nancy Erskine PZaza Park, BIk D, Lot 6 80.65 Nikola Karpof Pine Crest Sub, B1k 8, 35.00 W50' of E97 ' of Lo t 1 Hoke S. Russell P1aza Park, BZk G, Lot 9 62.70 Howard E. Fest P1aza Park Blk H N45�Lts 5-6 35.00 Vito/Elena Savino Sall's Replat 3rd Add %t 15 $ 63.87 Jeffrey A. Tomasevic Sunset Lake Estates Unit 2, 53.93 Blk E, Lo� 14 Frank/Venie Brinson Woodmere Heights, Lot 31 41.06 ., *:: 200. DO 200. 00 200. 00 200. 00 200. 00 20(J. 00 200.00 200, 00 200. 00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 $ 200. 00 200. 00 200. 00 • ; 235.00 235.00 235.00 236.24 235.00 257.39 252.94 258.55 235.D0 258.35 275.56 278. 46 235.26 251.40 2 81. 65 235. 00 262. 70 235. 00 $ 263 . 87 253.93 241.06 :■ � T0: FROM: DATF: gnx �sssAC$ CITY OF DLPARTMENT OF CITY HALL ANNSX, P.O. CLSARpPATER, OFF�CS PHONB FAX PHONE - BETTY DSPTULA SCOTT SHUFORD January 4, 1996 e... --- CLB.AR�AT$R CENTItAL PSRbiITTING 10 SO. MISSOIIRI AVE. BOX 4748 FL 34618-4748 - (813) 462-6567 (813) 462-6476 MESSAGE: THE COMMISSION WILL HEAR THE ALCOHOLIC BEVERAGE �RDINANCB CHANGES AT ITS FIRST MEETING IN FEBRUARY. COULD WE ASK THE COMMISSION, UNDgR MANAGFR'S ITEMS TONIGHT, IF THERF IS INTEREST IN ADDING NEW LANGUAGF TO THIS ORDINANCL AS SPECIFIED IIJ THE ATTACHBD MEMO. TH8 PLANNING AND ZONING BOARD, AT ITS LAST MEETING, REQUESTED THAT SOME RELI$F BE GIVEN TO MOTEI,S HAVING SETWEEN 50 AND 99 ROOMS (SEE ATTACHED DRAFT MINU'rES OF THE PZB 12/19 MEETING). WE CAN DISCUSS AT TO]DAY' S AGENDA MEETING. THANKS! NUMBER OF PAGES (INCLUDING THIS PAGE): � � TO: FROM: SUBJECT: C a T Y O F C L$ A R� A T$� Inbrdspartmeat Corr�spondeAa Betty Deptula, City Manager Scott Shuford, Central Perrnitting Director Alcoholic Beverage Regulations - Commission Information COPIF.�: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Aki��, City Attorney Cyndie Goudeau, City Clerk DATE: December 18, 1995 D As a followup to my earlier memorandum to you on this subject, I would like to bring one additional situation to your attentioa. Last Thursday, we have received a request to expand an existing restaurant area in one of the larger south beach motels to include a food court. Our nin regulations in the CR-28 district where this motel is located require restauraats in motels to either contain a minimum of 3,500 sq, ft. of floor area or be located in a motel conkaining a minimum of 100 rooms. The subject properry does not meet these requirements. The .floor area and room number limitation was put into the Code some time ago to address the conversion of motel uaits to retail and restaurant uses. If there is a desire to "liberalize" our regulations, we might consider revising the requirement to affect motels of SQ rooms or greater and/or reducing th�e floor area requirement for restaurants in these zones to 2,500 sq. ft. These are, respectively, the thresholds for State alcoholic beverage licenses involving motels and floor area minimums for 4COP-SRX licenses. An additional 10 motel properties would be affected by the change to allow �lcoholic beverages in motels with 50 or more rooms. Please advise regarding your direction on this matter. �.� Central Permitting up to one minute prior to the hearing. Some applicants mey hend in that authorization at the hearing, it was noted the language states the authoriiation must be filed a4 the Central Permitting office. Ms. Oougell-Sides said that requirement provides staff the opportunity to review the request for irregularities. She suggested the Board mey wish to change the deadline to 5:00 p.m. the day before the hearing. It was felt the owner should be abte to authorize representation during the hearing. 1t vvas hoped the use of bold type will eliminate confusion regerding this requirement. It was suggested that the second sentence read ". ..if the owner does not attend the meeting, e representative must heve written authorization to appear from the ow�er or listed represerrtative." It wes suggested that staff note this requirement verbally to all applicants when accepting canditional use applications. It was recommended that this requirement be listed near the top of the applicetion. Another r�commendation was made to move the paregraph addressing this matter before the signature informatio�. Ms. Glatthorn reported staff provides each applicant with a copy of this application and highlights this requirement. She will bring back e revised application. Board and Staff Comments Member Keyes said the CBA (Clearwater Beach Associetion) has requested the City Commission revisit the liquor ordinance. Ctearwater's law is more stringent than State 18w regarding the sale of elcoholic beveragas at hotels. The Stste allows such sales in hotels with 50 or more rooms. C�ty regulations limit sales of aicohafic beverages to hotels with at least 100 rooms. He said the CBA would like the law changed to ellow hotels v�ith at least 50 rooms to be able to provide in-room refrigerated mini-bars for guests. He said bar service is not being requested for these properties. Member Keyes moved to request the City Commission to allow ic�-room liquor service bars oniy in the rooms of hotel properties with at least 50 rooms in conformity with Stete law. The motion was duly seconded and carrled un�nimously. !t was requested that this request be sent as a separete letter to the City Commission. l�djoumment The meeting adjourned at 3:17 p.m. Attest: Boerd Reporter mpz12b.95 f Cheir Planning and Zoning Board � poe 12/19/95 DEC 21 '95 08:10AM City Comw�ssion TO: k�tOM: DAT'�: St1�3TEGT: CC: c � � .�. P.2i2 CITY OF C�.xi�A�ER �', 0. BOR 4748 CI,BAxtWAT�R, Fi�RIDA 34618-474$ �i'_� • ' • � � Betty �eptula, City M�taget Fred A. Thoma,t, Commission�r Dccember 20, 1995 .� Sand Key Bridge Mayor, Comm�ssion coPiES ro: ��MMISSION �E� 21 1995 CLERKFkESS Al'TORNEY +.��• �a�w��.�«ww�� �.rr«�..��..�w.�+�.����+�r�+.���w �w��r� I waulci li�aa to share w�th you an idea aancexnin� the Sand K�y Bridg4 that was brought to m� by an a.nttrested citiun. Whet� we wes�c talking about the Memorial Causaway �ridge, we had 1 discussion of arcb�itecturally lighting tl�e bridg� so it would be a worlc of art. Y believe that the citizen's sv�estaan to light tha e�stern sidc of the brldge faang downtown Clearwater would havo an �vcn grt�teac impact on b�autify�n� the waterfront of owr ctty. Eves� though it may not cast that much mare ta light both sid�s, the side faang wGSt doesn't reall.y scs�ve any architectural puxpose since the numbcr of people comi.ng in oPf of the ar�ier i.s small in nlationsbip to the number locat�d on the land. A cost Could be investigat�d fox both aspects of the lighting. Yt u vesy easy to picture that beautiful new bdgh rlsa brid&e fxom downtown Clearwa�cs and all of the ma3siland facing to the west. What a beaudftil picture that would be to archit�cturally light the Sand Rey Bridge. I wou�d like thi9 issue put an the wor�C session ages�d�a for discussion. If the,re is support to invcstigatt tho cost, then w� can go foiward wi�t a cost anatysis bcfore any dGdsion is rnade to actually complete this tas�c, Tbae id,ea camo from �, �ill Wade, and I thought his id�a was good etwugh to bring it fa�w�cd. Than]c you for putting it on the agenda FATIjt} � ' � ' � • y � -•-. .� � l = / �-3/l�� TO: Betty Deptul a, City Manager FROM: SUBJECT: CITY OF CLEARWATER Interdepartment Corre:pondens� ��� Scott Shuford, Central Permitting Director Cj � Coachman Ridge Survey Results C�PI�fi: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Rich Baier, City Engineer Cyndie Goudeau, City Clerk DAT'�E: December 27, 1995 _`_ � �F�EJ�j�rti �EC � � i995 : i � r ti��t�hu�� COPIES TO: COMMISSION JAN 0 � 1996 PR�bS CLERK J ATTORNEY I� mid-November, Central Permitting mailed out surveys to Coachman Ridge residents to gauge their satisfaction concerning the off-site and on-site improvements assaciated with the WalMart development that replaced the Loehmann's Plaza shopping center on the east side of Coachman Ridge. We had a very high response, with 168 surveys being returned. Survey results are as follows: QUESTION 1- CUT-THROUGH TRAI�'IC ON STAG �tUN SIGNIFICANT SOME NO REDUCTION INCREASE IN DON'T KNOW REDUCTION REDUCTION 396 TRAFFIC 89b 75 9b 119b 2 96 QUESTION 2- SATISFACTION WITH BUFFEItS AND LANDSCAPING VERY PLEASED SOA�IEWHAT DISSATISFIED VERY DON'T KNOW 36`1b PLEASED � � DISSATISFIED 145b 34% 8% QITESTION 3- SATISFACTION WIfiH IMPRO�EMENTS TO NE COACIfMAN VERY PLEASED SOMEWHAT DISSATISFIED VERY DON'T KNOW 2396 PLEASED 1796 DISSATISFIED 69b 34 9b 33 96 (ZUES7ZON 4• DID Z01�1ING PROCESS A.�.LOW CONCERNS TO BE ADDRESSID? YES - 72 9b NO - ? 96 DON'T KNOW - 21 % I am generally pleased with these results as they show the success of our plaru�ing process in meeting neighborhood needs, However, I recommend that you ask the Engineering Department to take the following actions: (I) Re-examine the effectiveness of the WalMart entrance drive design frorn NE Coachman; and (2) Re-inspect the landscaped buffer on the west side of WalMart to see if the plants are sbowing sufficient growth to rneet the intent of our buffer requirements. These were the two areas of rnost concern to the neighborhovd. I have also attached a form letter for you to sign so that we can report these results to theL/' neighborhood; please return it to me for mailout next week. Should you have questions or comments, please �ontact me. csuRRSS.ss Tanuary 5, 1996 Dear Coachman Ridge Resident: In November, 1995, a survey form was mailed to you to gauge your satisfaction concerning the off-site and on-site improvements associated with the WalMart development that replaced the Loehmann's Plaza shopping center on the east side of the Coachman Ridge neighborhood. R/e had a very high response, with 168 surveys being returned. Survey results aze as follows: SIGNIFICANT REDUCTION 75 96 VERY PLEASED 36 9b VERY PLEASED 23 % YES - 7296 1- CUT-THROUGH TRAFFIC ON STAG RUN SOME NO REDUCTION INCREASE IN DON'T KNOW REDUCTION 3 96 TRAFFIC 8 9b 11 �6 2 9b �N 2- SATISFACTION WI'T�-I BUFFERS AND LANDSCAPING �— SOMEWHAT DISSATISFIED VERY DON'T KNOW PLEASED 8 % DISSATISFIED 14 � 34 96 8 96 3- SATISFAC'I'ION WITH IIVg'RO + � S TO NE COACHMAN SOMEWHAT PLEASED 349� DISSATISFIED 17% VERY DISSATISFIED 33 96 DON'T KNOW 6% 4- DID ZONIIVG PROCESS ALLOW CONCERNS TO BE ADDRESSID? NO - 7 96 D�N'T KNOW - 219b I am generally pleased with these results as they show the success of our planning process in meeting neighborhood needs. However, I have asked the Engineering Department to take the following actions: (1) Re-examine the effectiveness of the Wa1Mart entrance drive design from NE Coachman; and (2) Re-inspect the landscaped buffer on the west side of Wa1Mart to see if the plants are showing sufficient growth to meet the intent of our buffer requirements. These were the two areas of most concern to your neighborhood. Thank you for participating in our survey. On behalf of the City of Clearwater, I want to wish each of you a very happy New Year! Sincerely, Elizabeth M. Deptula, City Manager � JF�1 03 '96 04�39FM � � ! � P.2i11 CITY OF CLEARWATER P.O. B4X 4?48 CI..EAR�IATER, FL4RIDA 34618-4748 �lty Commission MEMU��AI�T�U� TO; �etty Deptula, Clty Iv�anagar PROM: F�d A. 'I'homas, Comcn3ssioner DATB: Januaxy 3, 1996 5�1BTECT: Successf�l Grant Application for Camp Soule CC: Mayor, Cornmission . . Mr�w���..��rry�������������nr r o������.���«r�.ru r�� �.���o^��.�� ������..���ww�ww�.rP������w�����1.����� Enclosed is our no�ce for the grant - Cr�at Succe,ssl Bnclasure �'A.T�joj � (,�Y;�qj � i i , � � ; ; � � .; � � � � } ; f ; i � � � , ; ; , � 1 � : i �i .� �� , � i JAhI 03 ' 96 04 � 39FM De�ember 20, ���I`Q�� �1��Il'�1'�^,1�.A�1'1�1�1�8 1L�'1��'� 1995 Mr. Frad A� Thomas City Ccmmiasian�r City o�; Cl�arwater 14480 6�Znd 8treet North Cleazwater, Flo�ida 346Z0 R�: 8rajaot �95-023-P56�Ga�p Bou�.e city o= oisar�atar Dear Mr. Thomas: P.3ii1 On December 14, �945, th� Florida Commun3ties Trust (F'CT) met to �core, xa»3c a�d ���.�ct pra�eota �or the Preservation 2a00 Program, 5erf�g P56 tunding cycl�. The above-re�erenoed project wae �electod for �u.ndf.ng, on a contingent basis until the 1996A Pr�sservation 20D0 bands are �old thi� spring. Please accept the congrafiulation� o� th� Trust gQVerning body and staff for your suacessgul seleation. Tha Trust sal�cted 3Z pro j ects for which ftu�d� ar� already avail�ble and s�l�oted 27 additional pro��ata for contingent gundf�g until the six�h �e�Yf�a of Pras�rv�tion 2000 bonds s�xe so1d. Enolosed is data deecribin a1� projects �ele�-�ed for funding � Th� above�referenced projeot i8 in the group of projeote� for which funds wii� be av�il�ble a�ter the bo�cis are so1d. The Legi.slature has already authorized t�he sale of the bonds and appropr�,ated budget authority to FCT. The bond sale wiYl ocour wh�n �he Division �f 84nd Finance determines that intereet ratee �x� Ma�t favar�ble �4 t.he State ot Florida. We expeat the sale tc aacur �round Aprf 1 i9 9 6. xhe contis�gency ba�i s�ox �i�� Pur�ding wil i not imped� th� Fc� mov�.ng gorwaxd Qn your pro je�c� j a9 soon as tha bonds nre �o1d, the aentingency will ba r�movad from your qrent contr�ct. . _ . . _ „ . :.�. � - �� , • ; -►, : „ :, Pro j ec� �e lection marka th� be�a�,n�,n,��q a� th� land acqui�ition pr�a��� . Our go�l S� e� gucaese�ully negotiatefl $tsd oLosed t�ransac�ion., Thi� lettar autl�r►e� the n�x� ��Cepa townrd thnt o�tt aotna . � Road thia lottor vQry csrafully.� Fle��e na�e th�t actiona ar� Da„�2i�r�9����Tiril�rt�l�FrU�t�'��74Ii"Cdrrre,�i�Diiv�e��iuu�t��¢,� 32399•�100 � Q04192�•Z207 � SurrCaet 292•�Z07 � m .' .; , � ; JAN 03 '96 04�40PM Mr. Fxed A. �'homaa Decerpber 20 � 1995 Pa�� � The Ro Le oE h ic�y coataot P.4i11 TY�� key contact i� trio loca� gpv�arnm�ar►� pro jeot team le�der who insur�$ that all aativitie8 go �moothiy. The land aaqui�i�ian activities and contraatual activ�.tieg naw become the foou� rather �hAn the application and gelection aot�vities. �he�efore, it may b• appropriat� to de�i,gna�e a new key aont�tvt to �ake;the acquisition procese �orwar�i. Qu�Ckly determiae who is be9t �ble to perioz-�m the key eoata�ct eutxe�, Hotify us i� �t ohanq� is appropriate. � Assambl� th• team needad �o get tha pra�act site under contxact, tho matlagement plan wri.ttan, th� proje�t plan approved by t�ie Trust and th� projeqt site� aoqui�ed. Evary member af your team should read comp�etely �tsd oare►fully Rule Chapters 9K•4 and 9K-6, F.A.C., sinae th�sa zule�s c4ntairt fmpvrtant in�ormation regardinq futur� activit�,�g. Both a mariagement plan and � neqotiated purchase requix�d for project plan approval. Writing the should be a parallel activity tc the contrac�ual a��ivities. Your lead FCT �valuator w�,ll be your information about the required manage�ment pla�. � Q3.aite agzee�nent are mariaqement plan and acquisition contaet f�r Trus� sta�� will conduct site visite to all eelected aites. The site visit is conduete8 to � l) verify repz��cer►tdtions made �n the� applicat3on, ��j ex�mi»e the �i�e far und�isalosed faate or erron�oue evaluation and scoring conclusions, and (3) d�termine f� eite-�peaific condit3ons should be included both fn the Canceptual Approval Agre�mc�nt� as well as the� managem�nt p].an raquired for project plan approvai. con�� uai Appr4vnl Acreeme�.t Following the aite v,�si,t, the �xu�t staf� will deveJ.op the Conceptual Approv�l Agre�emel'►t th�t Wi.11 gav�rn all aot�vi�ies relating to th� gxt�ht aw�rd. The �ru�t govern�ng body wi7.1 meat �ither February e or 9, 1996, to approve th� Canceptual Approv�.� rigreement. You ar� nat x�quir�d to atterid the February m�e��ing, but aa alway�, you ar� w�lcbme ta ��tend� Around �anuary 2Z, wa will mail a dra�t oP Appraval Agreement. Whe� you re���.ve the Apprdvnl Aqreement, quickly and thoroughly your leqal staft' and future si�e me�nagers La� �Rl �he Conceptual draft Canoeptual xeview it. =z�volve� in this xeview. The JAN 03 'S6 04:42PM Mr. Fred A. Thomas Deceiaber 20, 1995 Page 3 P.5ii1 �'CT staff is prepar�d to disouss the draft agreement �.n �advana� o� the governinq body meetinq ii you have queStione. The agreement has b��r rei�.red over fvur previous tundi�tg ayc�le9. Certain lanquage aar� no� be ahanqed. I� you have aoncserri�, please oontacC Ann Wild as soon as possible to diec�u�� them. The deadline �or receiving written requeet� for chang�s to the Conceptual Approval Agreement, i� any, f.a ��nuary 30. I know thie is a�he�t tima in�ezva�l. Th� sita vi�it schedule, the holidays, and the nwmbex of pxojeot� are cutting the FCT sta�� short on t3.me, and we �xe xequiz�d to g�t the► agenda tc ouz board 7 day� b�for� th�eir mesting. we can x�o� b�agin acqu isition nctivitiea until th� Cor►a�p�ual App�oval Agr��ment is approv�d and executad by both yaur lo�al gover�tq�nt and FC�. Pleaae b�gin m�kinq at=anqement� t4 a�hodule the approvnl a! the OoAaeptual �pprovml !�g=eemeat by youx qt�rn aommission/oau�eii. Your commis�ioa/aovaai,i �f�,l nee� �o �pp►rove tho ver�ion thnt fs app=oved by tbe FCT qovernfaq body� in T�+brttaz'y, not tbe draft seat to you for revfe�r. �,ocnsisi_tis�a__Proaeeures t Tf�3Q Za�ds �elecbed for �undfng are acquir�d gollowing th� pYOOess de�crib�d in Rule Chapter 9K-6, F.A�C. Title to landa acquixed wiil cox�v�y di�actly from tha �sellar �Ca the locel goverx�m�nt. g,���r��Qnsible loar,�Aaqvisit3�oa Aotivities z�ocal'c�overnment� have difiering abilities to conduct land acqui�ition activitfea. �f your local government i,e willingr and abla to handl� �tll aoquisition aativitia�, you may designate your local government ae the party responsible for aoquisition aativitiea. This determination is made when yvu cornplete and execute the conae�tuai A�praval Aqreement. =t, however, yoar local qaverruaent does not have the capacity or the desire to aonduot the land aoqui�itipt� activities, the Trust staff w3.11 oonduvt� a7.1 aa�ivities on your behal�. When you reaeive yeur Conc�ptual Approval Aqr�ernent, you� will be given a period o� t3�ae to siqn the agreement and make the election of the party responsibla fox aaquisition aativitieg. _ . .� FCT rec�uiree a copy ot �e property appraiser/tax =.D, card for every pa�raei within your project eite. This g�ve� ycru and ua basic inlormation about ths praperty. Thi� is d very important etap. W� reque�t �h�t y�au �upply � oopy of the tax identi�ication cnrd t'or ev�ry individual parc�l Within your project site no later than February 8. � � .; 'i �i .i i ., .� JAN @3 '96 04�Q1FM Mr. Fred A. Thomas December 20, 1993 Paga 4 ��7d Owiier Contac� P.6i11 2n€o�rmed vwn�rs are more receptive to Puture o�fers than owners caug�t unawaro. Hegin now to establi�h a trusting working xel��ionship with your landowners. Share a copX o� the appliGation ar�d inforraation about the grant award with the owner as �oon as possible, Let them know that �he txansaction fs a YQ..����".�� ��n.�.��iat� �l � • Unl.ess�yQUr project has already rece�ved appraisal a�praval Lrcm F�� or is a�reacquired site, please do n��, �o discu�ss uurchase ��� a� this time. Price discus�fon ��iculd occur only a�ter appzaisals acceptabls to the �'C� have been secur�d and revi�wed. As a condition o� the conceptual Approval �gxe�ment, the owner will be �sked to sign � statement that hejshe is willing to entertain an ot�er fvr the pro�erty. we will not expend a�ny dollara until such a 1e�ter is re�eived. The Trust ha� a form letter tnat we send td ownexa b�tore negotiations �tar�. ca11 if ydu would like a copy. We are also ava3lable td tallc with J.andowner� i.i this wi13. as3ist in their undar�tandi�g of the p�rocess . You ahoula begia the �tep� to c�ollea� the millihq Qwa�= let�ter� inunediately. �fi113ag o��aer 3.etters viii be due by �arch �. r_,. • � �.l'.�! = Yf your site has only one parcel, disregard thi$ section, If your project site is comprised o� multiple parcels, thig ssec�ion applies t4 your project. The Concep�ual Approval Agre�n�ent con�ains spQCial requir�ments aifecti�g praj�cts mad¢ u� of multiple parcel�/landownera. �eq�.n now r�S�arching th� own�ar�hip og your praject s�ite to sae if your project sit� is composed oi multipla parcel� and/ox owners. This information will be used later and is available in the Prcperty Appraiser�s QtPiGe�. If your projeat sita has multiple �arael�, you are requiz�d by Rul� 9K-4.010 (2) ( j) , F.A.C. to dev�lo� ar3 acquieition plan. ThfE acquisition plan shall identify the prfority parael�, the gen�r$?. order in which paroels will be a�quired and �he mea�urem that wfLl be taken to aseure that all rsasonabie e;�rort i� made -�o secure the er►ti.re pro ject sit�. , Hegin now to prepare the acquisition �lan, if on� ie zequired tor your �rojeot. Th� acqui�ition plan w 11 be appxoved by FCT when - �,f3 ��R� ., � �; � , � , JAN 03 '96 04�41FM Mr. Fr�d A. Thomas ����mber Z0, 1995 Page 5 P.?i11 the Con�ceptual Approval Agreement is agpxoved in F�bruary. �ehe deadline �or receivinq your 8Ctj11�91t3.oA pl�n, ii one is required, i9 Jaaua=y l4, 199a. Piea.�e ns� the �orm a���aohed to thie letter Por preparing tbe �►cqu39itio� �1aa, if Qne is reqvired. �'Lorida Commwai�fQa Tr�st $taff Dur3nq application evaluation, your prirnary aontact has our Project Evaluation Seation. �hey will oontinue to involved in your project, but only in a support xole in the management plans. been wi�h be reviewing Our attorney and the Project Deeign and Acc�uisition 6ection wili hanc3l.e activities assooiated with the Canceptual Approval Agreement and the land acquisition activi�ies. E11en Cunningham and Roward riouglas are the acquiaition �taff. Ann Wild is th� Trust attorney. Ellen and Howard can be reaahed at 9o�/92Z-2207 (SunCom 292-220?j . Anr� can be reacheei at 904J488-04�,0. _ • � • •• !--• . �he addition of 59 new projects into our workstream af 75 active prQ�eats is� staggering. We hav� received no additional stai� �Co manage �hi6 79� increase in projects. Wher� in the pagt we have aaZled or written to remind reci�ients of daadlines or past due item�, we wi3.l not ba able to per�orm this ��nagqing" iunction. FCT sta�f always tries to be as supportive and helptul as po�sible towaxd au�r lvcal qovernment partners. Aowaver, the Tx-ust �cta�i strictly adhexes _�o deadlines. Experience with pagt func�ing cycles has been �uch that we will be vary firm with d�adlines in order that these projects proceed smc�othly. Please understanfl this and �stablfsh a reliable trackir,g or tickler system so that you get �hings in well ahead o� �tia,� du� ciate. Aga3n, congrat�la�ions on youY• s�lectian for fv.nding. Please call ar�y of the Trust etaff if w� may be of a�sistance at 904J922-2207 (5unCo�n 292�2207). We look forwaxd �o working with you! Sinc�r�ly, Anne P�ery Bxecutive Director Enalosuzes: projevt In=ormati4�, seri�s P56 Acquiaition Plan form . ( .; ; .� Jt�l 03 ' 96 04 = 42FM ,r ■ n • V ass • _» �r • M � � N � � w � i -' : : • N;,� = � �� i . � . �• , �,� . 'y. s • � i � . $ Y •r �� v r P I � M � � � ��b • � .rrt � w � � $.�a� r����; �6n��' � �� � �����; Y�C_,; �, �_g�� � a � ��� � ���� y . w ��� ' � � ` � � W � � :, � � . ����6 � i ����; � W � � c .a 1 A 1� � � � � � � a w ■ �t�e � �` � y � �' . � � � Mss N = � = w � : � � . . . R � s E : a c u C �� ` � G I : , �� i �� Y i i . � ; Y �Y VY Y � �iOO V i%� •�W VS OO�O�� r w � V��V u r� �IJ : : � fiEa�8��8��888588�88�888888�8�88� � RSt�^'�r��=�St� s� ��SC � �����r � a �ss�as8ss�xssssa��oo�s�gsgo��os� � ,�.4'?«1C��o.°,�,�,°��3385°fCr°,5889..4�t°�88$� � � g aa88�sg8sas�a8�8���sa�gsa��$$�gg;gN P � 5�� �9�� �'�_. . � � , .. 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W Y Y�JS Y�r 1 M 4 V� V■V Y Yr� • YY1I N.� O J� Y D W � �r������rrrr��$�����r������ V ., .. .i n i� :. M .. r. .i .. :. .. ., ./ N a � � � e $��qo��oo6i4as�2�o�e'S��o'cioao y 0 r .; • ;� •' y • ,.; : ; •. � • .' � • `� '�i i i i i i � � � ' i ,� . ' � � 'i e � f � ;' � i . � i : � . l ' � � i i ! � . i '� 1 � I �� „ ;� : � t.� 0 0 . JF+N 03 '96 04:43PM Acc�u�sition �lan �'CT Project Numb�x: FCT Proj eat xaa�e : ApplioantjRecipieut; � P.10i11 Ruls 9K-4. O10 ( 2}(j ), Florida Adm�.nistrative Code, reads as follow�: if the projeGt site is comprised of multiple parcels� the app2f cant, in con j unction with the Trust staf�, shall d�ve�r�� an acquxsa.tion plan t4 ba made a part ai the Cancep�uaL Approval Aqree�en�. Tha plan 6ha11 identi�y the pxiority parcels, the c�eneral order in which parcels will be aGquir�d and the mea�ures that Will be taken to assure that a�.� r�t►sonabl.e �ffdrt is mad� tv secure the entire pxoject site. Florida �on�raunities Trust �FCT) sta�i will re�riew thc acquisi�ion plan to assure tha� the purposes of the prc+ j ect can b� ack�iev�d in the event all parc�2s can not be acquired. =g yous site c�Qmp;iaed of multipl.� parceis? (yes or uo} If you answ�red yea , please complete the f o 1lowinq inform�tion . Use addit�onal pape= or attachment� if n��de$: Ideatify �he priority �,arceis neeaed �ke achieve the gurpaseg o;E th+a pxo j e►ct. =den�igy the g�;naral ordez in which paraels will be aoquired. =dentify th+� �aQ�sures that will be taken to assu.�c� th�t axl rea�oaabla •i£ort ia made to secure tbe• ehtira prc� j eot �ita . Prepared by: OVER) Approv�d 3zy FCT Bta�t: ,} � I . i � � ` � � ; � . � � f � : i ! i i � � ti � , .i ' � JAN 03 '96 04�43PM '�'O : %'���ING Oj+TIJ£R STATEMEr'T (Your 1oca.� qovernment name) Florida communities Trust 0 P.11i11 RE: (Property d�scription, either 10� and bZock, brie.f Z�g�i description, or soma other idsntify�ng infarmation) FCT PROJECT #; �fi11 in projec� number here) i I do hereby s�ate that as the prop�rty owner(s� ot the above— referenced pro�ert�, � am willing to antextain e purchase ofter from (your 2oca1 govexnment nameJ and the Florida Communities Trust. Hy: Signature of Property Owner sign�ture o�' Propa�ty owr�er A second signature lina is prav�,de fdr your use if your pxaperty is jointly-�owned (for exampla, by both husbarid arid wife) «. ' ' , Please return thi� farm �o: Your Nam� Xour Titl� Your Addra�� Youx Citq, Sta�� Zip Code 0 0 j �. ( �t I � f ( , r � .; .{ : � .! :� i) � I, � .� + i � , � � .� ` , � �I i { � � PRELiMINARY AGENDA Clearwater City Commission Worksession - 10:00 a.rn. - Tuesday, January 2, 1996 Clearwater City Commission Meeting - 6:00 P.M. - Thursday, January 4, 1996 Service Awards FN FINANCE 1. Contract for moving services to Suddath Relocation Systems, St, Petersburg, FL, at an est. 579,908 (Cansent) GAS GAS SYSTEM 1. Contract for installation of polyethylene gas main on US19, from SR54 to 1 IZ rnile N of Ridge Rd., to A& L underground, Inc., Tallahassee, FL, for Pasco County Gas Expansian - Phase II, at an est. 5752,657; approve funding for associated gas related materia{s at an est. S 143,500, for a total est. 5896,157 2. Contract for installation of polyethytene mains and services to Jasco C�rp., Fort Myers, FL, at an est. $411,350 3. Purchase propane tanks frorn Arnerican Welding and Tank, Carnp Hiil, PA, for the period 115/96- 1/4(97, for an est. 560,165 (Consent) 4. Approve Joint Project Agreement with FDOT to install natural gas mains during widening project of SR54 IPasco County) frorn Rowan Rd. to Mitchell Bypass, at an est.$107,982.39; Res. �#96- 05 - regarding Utility Joint Project Agreement with FDOT; authorizing execution of agreernents for installation and acceptance of new city facilities; authorizing placing of funds with FDOT for cornpletion of utility installation 5. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, to secure a natural gas easerr�ent across CSXT`s r-o-w in Oldsmar, for 51,530 (Consent) GS GENERA� SERVICES 1. Purchase of tire service, repair & replacement for city vehicles to Stringer Tire Cornpany, Inc., Tarnpa, FL, for the period 1/5/96-12/31/96 with option to renew for additional year upon mutual consent, at an est. not to exceed $203,971.25 2. Purchase of 24 automobiles for Police Departrnent; Maroone Oldsrnobile, Inc., Pernbroke Pines, FL, Nine 1996 4door midsize sedans, for S 126,495 and Six 1996 2door midsize sedans, for $100,848; Bill Currie Ford, Tampa, FL, Three 1996 sports vehicles, for 555, 992; Kaiser Pontiac Buick GMC Truck, Deland, FL, Two 1996 sports vehicles, for S43,060.70; Garber Chevrolet- GEO, Green Cove Springs, FL, One 1996 compact sedan, for $12,603.50; Plaza Jeep Eagle Isuzu, Leesburg, FL, Three 1996 4door full size sedans, for S49,387.65; award an adrninist�ative fee of $150 or S50/vehicle to Florida Sheriff's Association; for a total cost not to exceed $388,536.85; funding to be provided under city's master lease-purchase agreement 3. Purchase of One 1996 Combination Sewer Cleaning Vehicle from Southern Sewer �quipmen; Cornpany, Fort Pierce, FL, for $159,770 IM INFORMATION MANAGEMENT 1. Renew contract for equipment services for Xerox copier maintenance with Xerox Corp. Tampa, FL, for the period 2/1 /96-1 /31 /97, at an est. 538, 220 (Consent) 1 /2/96 1 2. "Enterprise Network - Phase 1"- purchase 213 micro computers, associated hardware & instailation from Inacorn information Systems, Tampa, FL, for $567,434; f�ardware, software & installation from Digitai Equipment Corp., Tampa, FL, at an est. �323,831; approve 554,376 expenditure for purchase of Microsoft Suite, the City standard software from Southern Office Equiprnent, Tampa, FL; approve $12,330 fr�r purchase of software from McAfee Associates, San�a Ciara, CA; financing of computer equipment in the amount 5892,930 to be provided under City's master lease-purchase agreement EN ENGlNEERING 1. Public Hearing &�irst Reading Ord. #5959-96 - Vacating (& Quit-Clairn> city's interest in westerly 160' m.o.l. of South Shore Blvd. r-a-w and the 20' temporary construction easement which crosses South Shore Blvd. to Fisherman's Wharf of Clearwater, Inc, (City, V95-22) 2. Pubfic Hearing & First Reading Ord. #5960-96 - Vacating full east/west r-o-w of Pinellas Street, lying between Waters Ave. & Bay Ave,, s�bject to it being retained full width as a drainage, utility, ingress & egress and sidewalk easement (Morton Plant Hospital, V95-14) 3. Public Hearing 8c First Reading Ord. #5961-96 - Vacating West 2' of 1 Z' Drainage and Utility Easement lying along East side of Lot 27, Woodgate of Countryside Unit One, less South 5' (Joyce, V95-18? 4. Public Hearing & First Reading Ord. #5965-96 - Vacating East 2.5' of 7.5' Drainage and Utility Easement lying along West side of Lot 406, Morningside Estates Unit 4(Olsan, V95-19) 5. Public Hearing & First Reading Ord. #5966-96 - Vacating 5' Drainage and Utility Easement lying along Northaast side of Lot 52, Ambleside First Addition (Diemer, V95-20) 6. Public Hearing & First Reading Ord. #5967-96 - Vacating �& Quit-Claim) city's interest in water rnain easernent granted to the City by Florida Power Corp, on 2I20/95 back to Florida Power (Secs, 6-29-16 & 7-29-16) (City, V95-15� 7. Public Hearing - Request to vacate W 8' of easterly 10' Drainage & Utility Easernent and S 3` ofi northerly 5' D&U Easement; staff recomrnendation to vacate portion of easteriy 1 0' D&U easernent occupied by pool structure lying in Lot 153, Woodgate of Countryside Unit One; direction for ordinance at next meeting for recornrnended vacation (Rubin / Jacobs, V95-16) 8. Publ+c Hearing - Vacating Bryant Street, lying 38' w�sterly of Lot 22 and Cross Lane, lying southerly of Bryant Street, a11 lying in Oak Haven Sub., subject to existing utilities being relocated, a truck turn around being constructed at applicants' expense, and new drainage, utility and ingress & egress easements being provided as approved by City Engineer; direction for ordinance at next meeting (MEDEC, V95-1 7) 9. 1996 Underdrain Contract to Keystone Excavators, Inc., Oldsmar, FL, for $598,822.50 10. Water Main Replacement Contract - Phases 13 & 14 and Morningside Underdrain Replacement to A11 American Concrete, lnc., St. Petersburg, FL, for $2,826,554 1 1. Purchase of polymer from Allied Colloids Inc., Suffolk, VA, for the period 1/5/96-1 /4/99, at an est. $327,000 12. 1996 Street Resurfacing Contract to Golden Triangle Asphalt Paving Cornpany, Clearwater, FL, for $927,720 CP CENTRAL PEf�MITTING 1. Public Hearing & First Reading Ords. ,#5950-95, #5951-95 &#5952-95 - Annexatian, Land Use Plan Amendment to Industrial Limited & IL Zoning for property located at 2030 Calurnet St., Clearwater Industrial Park, part of Lot 9(Douglas R. Sirch, Trustee, A95-26, LUP95-32) 2. Public Hearing & First Reading Ords. #5953•95, ��954-95 &#5955-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1622 Sf�erwoad St,, Nighland Pines 3rd Addition, Blk 16, Lot 6(Rebecca L. Hutto, A95-27, LUP95-33) 1 /2/96 2 3. Public Hearing & First Reading �rd. #5889-95 - LDCA amending permitted and conditionai uses (LDCA 95-12) 4. Receipt/Referral - LDCA re cfarifying Nonconformity Section ILDCA 95-24) (Consent) 5. Receipt/Referra{ - LDCA re establishing zoning standards for Police Substations �LDCA 96-01) tConsent) 6. Receipt/Referral - LDCA re establishing "Research and Technology Production" Use (LDCA 96-02) tConsent) �M ADMINISTRATION 1. Property Purchase Process - WSO 2. Requests from Jolley Trolley 3. City Marketing Plan 4. Marina Building Lease - Room #8 - Dessert Stand - WSO CLK CITY CLERK 1. Design Review Board - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #5920-95 - Amending Sec. 40.367, to establish new parking requirements for the Beach Commercia! Zoning District (LDCA 95-18) 2. Ord. #5921-95 - Creating Div. 14 of Ch. 41, to estabiish development standards for parking garages (LDCA 95-22) 3. Urd. #5941-95 - holding residential recyciing rate at 52.05 per month, effective 1/1 /96, providing multi-famify recycling to all complexes in Clearwater at the rate of $1 .50 per living unit per month, effective 6/1 /96 4. Urd. #5949-95 - Amending Sec. 33.067, revising wake zones in Clearwater Pass (around new Cfearwater Pass Bridge) and Clearwater Marina Channel First Reading Ordinances 1. Ord. # 5968-96 - Amending Art. III of Ch. 2; designating an official city seal; establishing general restrictions on the use of said seal Resolutions 1. Res. #96-01 - Accepting amendment to Indian Rocks Beach gas �franchise 2. Res. #96-02 - Assessing property owners the costs of having mowed or cleared owners' lots OTHER CITY ATTORN�Y ITENlS 1. Pinellas Trail interlocal agreement - WSO 1 /2/96 3 � `�.;;;: City Manager Verbal Reports 1. Restriping of Drew Street from Highland west to Ft. Harrison 2. City board members - residency requirement Cornmission Discussion Iterns 1. Direction re 50 Year Celebration for Philadelphia Phillies 2. One Caterer at Harborview Center 3, Commissioner Thornas' concern re Mayor's 12/11195 letter to Representative Gingrich 1 I2/96 Other Commission Action Adjourn �� . �.� � MEMQRANDUM C M �-_. TO: The City Commission FROM: Betty Deptula, City Manager COPIFS: SUBJECT; DATE: Cyndie Goudeau, City Clerk January 2 Work Session - Commission Direction on the Purchasing or Selling of Property December 22, 1995 The City on many occasions has been approached with offers to lease, sell or buy property. Staff would like to receive clarification from the Commission on when it would be appropriate to bring forward the information to you. I have listed below several variations on how to address those occasions, recognizing that the final direction may actually be determined somewhere between these concepts. Pronertv Sale or Purchase 1. Bring Forward for Cunceptual Approval: Positives: a) Early decision before staff spends considerable effort; b) Saves dollars and staff time; and c) Commission sets parameters for proceeding with negotiatior�s. Negatives: a) Early announcement of City's intention; b) Considerable time lapse until closing. c) May affect outcome of negotiations on pricing or term of contract; d) Commission has insufficient information to base ciecision; and e) Citizens or property owners of potential offers are informed of negotiation authorization and conditions could be changed by Commission at subsequent meetings to consider final contract. 2. Bring Pactial Deal to Commissione Positives: a} Price is more closely determined; b) Significant conditions have ayready been described or negotiated; and c) Contract would include escape clauses for environmental concerns or variation of appraisal price. Ne; atives: a) Depending on timing, final decisions may be determined by staff; b) Requires expenditures for at least a Phase 1 environmental audit and property value appraisal; c) Decisions involve some staff time and expenditures prior to any expressed interest by the Commission; and d) Citizens or property owners of potential offers informed of negotiation authorization and conditions could be changed by Commission at subsequent meetings to consider final contract. 3. Full Deal with Contract signed by Property dwner or Potential Purchaser: Positives: a) All terms have been negotiated; b) Appraisal has been received; and c) Environmental issues have been identified. Negatives: a) May have significant expenditures of time and money; and b) Staff has already taken a definite position in negotiation of deal and other party might feel uncomfortable if terms are subject to significant last minute change by Commission. Direction re�arding Leases of Propertx The city has been approached regarding leases of city-owned property and I would like confirmation of the Commission's previous decision to no longer enter into $1.00 leases, but that the city should expect io receive fair market value for the property. Within this fiscal year, staff will be working on several leases including, Airpark, Beach Diner, South Beach Pavilion and Golfpark. Some leases will be brought forward before the expiration date to the Commission because of extensive repair work or capital investment that is needed. A question that needs to be addressed is does the city want to continue the cunent uses, bid the service or retl�ink the use of the property. This confirmakion will assist staff prepare leases that expire in the near future. � Elizabeth M, Deptula City Manager, City of' Clcarwater, P.O.Box 4748 Clearwater, Florida 34618-4748 Dear Ms. Deptula: COPIES TO: COMMISSION DEC 2 �f�lvED CLERKP/��'C R�� �99� CI TY MANAGER �a �Q�.��� - . ��S �- P �� �c.1 — ,_ �"�, �/ /�S � ICw � v o �. �`,.s�, m--� �"'`� �Z Gvor�`StS3�cfY. � 12/7/1995 I arn writing regarding proposed changes in my srnall business in the Municipal Marina Building. On Au�ust 23 1995 I applied to t1�e Harbormaster, requestin� permission to chan�e the profile of my business in room # 8 of the Marina buildin�, My rec�uest was based on the obvious lack of interest of the general public to an art gallery in the classical sense at this location, other than mere curiosity, which makes my business there completely unsustainable in its present form. Our lease agreernent, as originaily drafted, allows us to establish there an art gallery (including electronic virtual images, which was planned for the future), and provide cultural event - related services, such as matinees, workshops, exhibits, etc., often with receptions that include hors d' oeuvre, drinks, or deserts. From the very inception of our business, we were modeling it af�er rnany European and, recently, also American art-cafes, which combine cultural and intellectual attraction of art with profitability of serving prospective clients "fancy" gourrnet items very distinct frorn the ordinary food and drink that restaurants, diners, and other food establishrnents serve. Such art-shops often serve or sell packaged, exotic teas, coff'ees, and other "designer" foods which are not rneant to address eating as the prirnary activity, and thus represent an entirely di�%rent niche. Our start-up would have served as a focus of cultural interest at the Marina, which both the tenants and Mr. Held felt was necessary, while being economically viable. It could have attracted more and different public to other businesses at the Marina, including our neighbors at Mr. Mettalo's restaurant, without having any items direct[y in common with it, or serving breakfast, lur�ch, or any meals in the ordinary sense. The only reason we did not expressly spel) out this plan in the original lease agreement was our expectation of another business bid at the Marina, which was of�'ered almost simultaneously with room # 8, that for a light food kiosk on the roof of the building, new(y refurbished with tables and i�mbreilas, We were planning to use the kiosk on the roof as the "cafe" part of the proposed facility. Following our successful bid for t}ie room on the ground floor, we applied for, and won, the bid on the kiosk (City of Clearwater bid # 66-95, spring of 1995). Our proposal was deemed creative and our bid attractive. Unfortunate(y, both of our plans were later rejected - the "Russian Tearoof' kiosk, based on the potential weight of what was considered a"permanent structure", and the later request for extension of the ground floor art gallery to an art-caf� described above, which wouldn't even of�er seating roorn or ordinary food, on the basis of "direct conflict" with the Marina Restaurant next door, This f atter rejection is somewhat puzzling, sincQ we have merely used the idea of gourmet teas, cof�"ees, and light deserts, wllich was of�'ered as a business opportunity for the kiosk on tlie roof of the same building in a public bid just months earlier. The items we proposed to sell were just a smaller and more lirnited subset from the menu of the earlier "Tearooi' bid, which was never deemed to be in conflict with Marina Restaurant's business, and we especially elimiiiated those wl�ich could have represented potential competition. We also rneant to direct to our neighbor's restaurant thase clients desiring any substantial food, drink, or snack. I still disagree that our proposal would have created any conflict with the Marina Restaurant. However, I do not want to create a�iy problems or conflicts in our cornrnon business location, I merely want to earn my family's livelihood, too. Unless some new and original culture-oriented forms of business are atternpted, in a viable way, we will never be able to offer any but the very basic tourist services on Clearwater Beach, nor attract more sophisticated visitors, like ihose who frequent the Arrnand Circle in Sarasota, the Art Deco district in Miami, etc. Until Clearwater becomes such a classy location, any such businesses will have to be sustained by some locally viable incorne-generating routines. I hope that, having faithfully paid rny rent for 9 months and not earned a single dollar, I also have a right for city's cooperation and protection of rny interests, which coincide �ritl� our community's long-term benefit. To avoid any further conflict of interest, I thus take back rny request for an art-cafe, if it is controversial, and instead ask for perrnission to reorganize my business into an art-shoppe, which would sell various sweets - e.�. chocolate, confections, ori�inal cakes, chocolate figures ("art-choco"�, nuts, syrups, bottled exotic fruit and berry juices, honey, fud�es, dried or candied fruits, ethnic and exotic sweets such as bakhlava, halva, loukum, etc., as well as, possibly, various health products, such as herbal teas, arornatic oiis, or vitamin- rich "natural" products, e.g. packaged cereals, rnueslix, sunflower seeds, etc. The themes of the shoppe w�uld be "Old-World", "exotic", "natural", "healthy", etc., which should nicely complement other businesses in the Marina, such as the Old Nautical store, Vic's exotic irnports upstairs, local souvenir and cuisine, and beauty products, while allowing us to retain originality and the art component, while making ends meet financially. Since none of the products described above competes or conflicts with any of�'ered by other Marina tenants, I hope f�r the positive resolution of this matter, �which will fi,�ally allow me aild rny farnily to get our small family business �oing, to be furtl�er able to pay the rent to the City and, hopefully, earn a living. We are also certain that this collection of aesthetic, tasteful, tasty, and healthy products (at a price range that a tourist can afford, unlike straight artwork) put on the exhibit at a highly visible location (which appears to be Marina's main and perhaps only business advantage), will ereate an additional attraction for new customers, not only to my business, but for other Marina tenants as well. We thus hope very much for your assistance to reach that goal. Thank you very much in advance! With respect, yours very truly, . Lev Doktorsky and family, �� �OS� Siror�e. ,�r '� �' C.1 Qar r��� 3 y-� 3 �. TNE CITY OF' CLEARWATER [S ADVERTISIN�C TO Enter into a business agreernent with a vendor for a Dessert Stand to be located at the City of Clearwater Marina, 25 Causeway Boulevard, Clearwater Beach. The City witl place ten (10) tables with attached seating and umbrellas on a deck which is approxirnately 4,000 square feet, on the second floor roofdeck, on the east end of the recently refurbished Marina Building which overlooks tlie scenic marina basin. The Dessert Stand will be a"Kiosk" type business selling ltaiian [ce, lce Cream, Coffee and Cappuccino. The 1Dessert Stand rnay be open for business during the nonnal operating hours of the City Marina, which are from 6 AM unti! 9 PM, seven days a week. During daylight savings time of the year, business hours may be extended if requested. . ' THE DESSERT STAIYD TENANT will be responsil�le for : Providing protection and security for the "Kiosk" Cost of the electrical connection and equipment for the "Kiosk" Securing the umbreilas in the evenings and when the business is not in operation. '� i . B[ D RESPONSE M UST iNCLU DE: The monthly arnount of rent the tenant will pay to the City of Clearwater on a year-round basis. The Bid will be evaluated on the basis of proposed rental payments to the c ity, assortrnent of foods, beverages, hours of operation and demonstrated ability to provide quality service and products. The second Roor roof area may be inspected during n�rmal Marina ol�ice hc�urs, Monday - Friday, 8:O�AM - S:U�PM. Phone Harbormaster Bill Held at (813) 462-6954 for a visit. To receive The City of Clearwater Bid #bb-95, a bid for a Desseri Stand Business, which includes the standard Lease Agreement , please contact: George McKibben Purchasing Manager 711 Map�e Street Clearwater, Florida 34615 (813) 462-6860 Bids wilt be accepted until I 1:OOAM, March 3 l. 1995. The City wilt reserve the right to reject any or all bids. � � `.� 1 `.0 X ��.5.'�?L��S`� '�f': :��It� �� (,t, U i 1 �� , �r� i� „ , :/ ,,�, �. i _ � ,ti . t�`��, ; � ,, .__, � '�!� �. -��. 'I���ar ,�tiir r�r ��fadarii: ,j � � � ' � �� `�•- / `��t�� 1:"= J� R�',�-.� � Y 'l�l'e prapvse fo cor�ct-r��ct vn t(re secnnrf flvor rnnf ,fec(�, c+f t/C :�fnn�ca t�uit�fi�l� ��j c:'tcnrz<<ater 7�ea� Q�i��s�-tl�E��� �Z��:ss��� r. .$lAllc( - I%tC ����t.l ,5 `S 1.'%i :� �I`.E,�`'� �i� �) � �� `Ire stctnrf tt�ii( H� �c��-t'r��� �i t1�rrrcty vf �y�a�irrircr ccr_� arid cr�fjrc�s (Fivl anrf c:o�d, e�. 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"� v � � � C � .a 0 a � O � � v � a a � f :� LL � � f-- U Harbormastcr April 17, 1995 Mr. Lev Doktorsky 409 EaBt Shore Drive �7 Clearwater, FL 34630 Dear Mr. Doktorsky: � CIEARWATER MARINA 25 CAUSEWAY BLVD. CLEARWATER, FLORIDA 34630 TEIEPHONE (813� 462•6954 This is sent in reference to your proposal for a"Russian Tea Roof" on the east end roof of the second floor of the Clearwater Municipal Ntarina building. Your proposal for the Russian Tea Roof desiqn was creative and your bid attractive. Unfortunately, your bid for the "Russian Tea Roof" is rejected by the city because of the weight of the structure (3,600 lbs) and the fact that it fs considered a permanent structure on the roof. . � Please call me at 462-6954 if you have any questions. S ncerely, C: ill am . He Harbormaster WCH/wch I�' � �� - cc: Elizabeth M. Deptula, City Manager Vic Chodora, Assistant Director Central Permittinq George McKibben, Purchasinq Manager � � 'Equol Employment and AKrrnative Actfon Employei' To: aill Held, Clearwater 25 Causeway Clearwater, Harbormaster Marina Blvd. FL 34630 From: Lev Doktorsky Tenant Room #8 Mr. Held: Date: 8/23/95 I am writing in regard to my business in the marina building room �8. Since June of this year, when we opened our doors for the public, we have learned that this type of busfness in this location will not be profitable. In my search for profitable businesses that would be compatible with my current circumstances at the marina building, I have observed the current trend in gourmet coffee and cappuccino shops. These establishments are sometimes connected with another ongoing enterprise such as an art gallery or bookstore. I feel that such a combination of coffee shop and art gallery may be successful for me at my current location. I am asking the city's permission to serve items that would benefit my current enterprise. The establishment I envision, in addition to offering art, would serve gourmet coffee and tea, cappuccino, espresso, and juices. It would also serve light pastries, confections, chocolates, and European-style ice cream desserts. This "menu" will appeal to the international mix of tourists that Clearwater attracts. I have made some preliminary inquires with the appropriate �tate agency regardinq the n�cessary license needed for such a bus�ness. The application for the necessary agricultur�l license pertaining to this type of business is being forwarded to me now. I am doing some additional research in setting up and operating such a business. I would appreciate any consideration given to this request to serve these additional items. Sincerely, Lev Doktorsky _,. ......� LL � } F- U w ��/ Y \�/ V tii � �/� �/ Harbormastcr September 12, 1995 Mr. Lev N. Doktorsky 409 East Shore Drive #7 Clearwater, FL. 34630 Dear Mr. Doktorsky: CLEARWATER MARINA 25 CAUSEWAY BLVD. CLEARWATER. F40RIDA 3A630 TELEPHONE (813) 462-b95A Your letter of August z3, 1995, has been reviewed with City Manager Betty Deptula. I'm sorry, but staff is unable to recommend approval of your request for the sale of gourmet coffee and tea, cappuccino, expresso, �uices, light pastries, confections, chocolates and European-style ice cream desserts in room 8. The reason for the denial is because the Clearwater City Commission has directed staff to insure that tenants requesting adda.tional items for sale not conflict with the business of another established tenant. Your request to sell the above items appears to directly conflict with the Marina Restaurant, a long time building tenant. The owner oi the Marina Restaurant, Mr. Ed Mettalo, was very upset when he heard about your request. He said he would get a lawyer if the request was approved. When you started your business in the Marina builciing, there were several items included in the business paragraph of your Lease Agreement. You may want to consider starting up some of the� items already in your Lease Agreement and extending the hours that you are open. This may help generate aciditional revenue. Please call me at 462-6954, if you have any questions. S'ncerely, �� illiam . Hel , Jr. Harbormaster WCHJwch cc: Elizabeth M. Deptula, City Manager Paul Richard Hull, Assistant City Attorney � 'Equof Employmant ond A�rmoNve Actton Employer' .. ---.,...._ C �i V � �.. f.�, �ut�., �-...r � •r-'—"��: �.---• �r..�.a F3GU�.��A � .;� :, �, � uw�av c�nu1 fA�'L1l\O� �� � ,�. Iloverntxr 14. 1995 Mr. itichard 1�aicr, P.B, Gity of Clearwatcr �ngineering �partment P.O. Box 474$ Ciearavatc*�, k'1 34618 � _� ��P�.�Tii��I�IT OF'I'.Ct�'V��'taR'�T'�.�"XC)�,' Dlstrid VI1 Proje�a � ana�ement *�N o, w�T„rs 11201 N McKir�ley pciva • MS 7-600 •"funpa � F7orida • 3�(��CItCTAl1Y s��-�rs-��s4 � s�a��; sn-��s9 • F�x a��-�s�an . . .��1,� � � �.,` , 4 .^ . _. �r i ► .�____ �'- '`._ � Nov�S� :,;.:,., ;r:�i:� ��t '.� Subject: SPN: 15Q5a-�SO4 W�'i: 71�7112 ��ri.�f SR �90 (1ar+cw StrCCt) Alt. US 19 to Highla�d Avcnu� ���, Pinellas �aunty , �. � ��c� � � , ���P w� � � 4�� -� ' s - � Dcar N�t. �aicr: � .--�w� � ��� ��'� �i�"M� �S / - Ua `� 21' As discuss�d In bur teIephono conversatlon on October 4, 1995, riepartm�nt is preparing dcsign plans for a 3-R pmj�ci for SR 590. The s.afety study rnpleted a.a paut o� this projoct reveaIed lana widths of less than 10', The accident repo "s segment of S�t �90 shows a signilic.artt pmblcm with slde swipe accldents wfuch is a nsu f the narrow lane widths. The bes! sotu ' crto�i�rabf m(arithout purcha.sing � o X} is to coav�rt the cxisting �-lana socxion A1t US 19 ta N,�. Gleveland to a 3-lano section. �iS 81I�ws for anG l�r1C Of traffiC Ln each 'an and a cantin�,4us !eft turn in the center. 'The ��raftla �artme�t has studicd this aption �nd e 3-L�rae socti�n wil! �d te andle projected capacity for approximately i0 yea,rs. By than. a p�ject a � thc work prograln to reconstiuct SR 590, lt a;ll ix�clude funding r�equir�d for constxu�tion tnd �nght of w�y. Do you conc�t with the convorsion of brGw Street fmrn A1t LtS t9 to N.B. Clcvcland fr�om the c�urrent 41ane seckia� ta a 3-Iena srcdon until a project whicl� will mect ulti,n�te n�eds could be placed �n the aork prugram (approxirnatoly 10 years)? Plans atll be submittod to you for reviaw and c�omment at 6Q�, 909b and 10096 phases. pieasC call if you hava any auestions, my phone numbcr Is 975-6a59. �� � I ` - � .- . 1 �a �(��Ot� � �=,1 � ' ���. � .. � Sinccr�ely . " Marga.ret W. Smith P,B, , , - � ,,,•-r'" • � - ll2\1112CLWR.LTR � �. � •'� �'�l �{ r� � . - - . �"' { ' � • j, � +5 y _� � � . �� r� �.. %�� ,�,,;,������- , �,,..,.. �� � -�, ',/, � ��I �.. t` 1 � C�. V � 4 y �' �N[CtiCI�D Mlel ZO"d �tr99-Z9ti-Ei8 �a��n..�as -6u3 ..�a�.�nn.,�ea�� dLt='CO 96-ZZ-�aCl _,� troKC Enp�eerinp ZO'd �ecember 6� 1995 � I T 'X' Ms. Margaret W. Sm1th, P. E. �torida Department af Transportadon District VII Project Management 1 Z201 N. McKinicy Drive, I�fS 7-600 Tampa, Flarlda 33612 O �' •-• ,-- ^ _ � L � A �C W ,�l,. �' E � aosT aFFi�E eox 47ae C��AFiWATER. FLOAlpq 34818•4748 Subj�ct: SR S90 (Drew Street) - Alt. LJS �19 tc� Highland Avenue Dtar l�is. Smith: I concur with the decision to convert the exisdng four-lanc crnss sact3on from Alt. US �19 ta N. E. Clev�land Street to a thrco-lan� cross secdon. Th� volumes and tuming movements indicate thi� to ba an acceptabte soludon at this time, HOWGVCC� the praject should extend ane addltional blocic to the west (Osceofa Avenue) for continuity of lane cartfiguration. We prGSendy 1�ave a threa-lane cross sGCtion west of Osc�eota Aven�ce which wauld caincide with the changes being made. Yf ya►u have any questions, plea�se give m�a a ca1l at 462-f�042. �� , �rd . Baier, P. Ettgineer �$:jk e;�ta� cc: Mr. Donald A, Moerians, Assistant Traffic �ngin�er � . `Equa) Empiayrnant and Attirmativ� Actian Employar" _ ttr99-Z9ts-Et8 s��{.n...i�as •Bu3 ..�a�.gnn..tsat� d9'[ =Z(� 96-Z�-��p tI ;� i� m ARCNITECTURE PL�r;r;�r�G �r�T� ?�oR .:����;-� -_ ; ��h� December 19, 1995 C,M �� � � �� Ms. Betty Deptula City Manager City of Ciearwater P. 0. Box 4748 Clearwater, FL 34618 Re: Letter of Clarification Dear Ms. Deptula: �,L�-� , /A,i � �.� �+'+�" ' • � U t'ii � . � ��L fy 6 ��.�.��-�. � ^,,,�� "'- ':� 1995 ,,,�vAGER Thank you in advanc� for taking a moment from your busy schedule to consider this correspondence. My name is Art Shand, I currently serve as a volunteer on the City of Clearwater Design Review Board of which I have been elected Chairman. My predicament is this. I have been a resident of C{earwater for more than ten years. Recently, (because of my growing family needs) I purchased another home, unwittingly 1 selected a home just outside the City limits. i have been informed that there exists an ordinance which describes requirements of residency within the City jurisdictional limits (i.e., a taxpayer) in order to sit on a City Board. To further complicate matters, I have ownership in a business within the City limits and have done so for some time now. Because I feel it my civic duty and because my loyafties have and still do remain with the City of Clearwater, I do not desire to resign my position with the Design Review Board. 1 have spoken wiih Assistant City Attorney Leslie Dougall-Sides who recommended I contact the City Commission in order to seek a ruling, clarification or ordinance amendment. I contacted Commissioner Fred Thomas 12l18/95 to ask his advice. Commissioner Thomas acknowledged to me that he was instrurnental in installing the residency requirement into the ordinance. He did also acknow{edge rny past residence in the City and my business ownership concerns in the City. ROBER7 f AUDE.��iA tr�859 ARTHUR C SMANU. �IDA app035U9 DONALC) $ N.'IIUAh"S. FAIA 1957-l99•1 AIJDE, SHAND & WILLIAMS, INC. FLQRIQA COi2PGR:+TION,F�A0002587 ARk30fl $HORE.t.Wf: UFFICf F'P.Rh; 19353 U5 �-�W`r +`? NOkTtii, 5�:� i E �Ot CL[A.RWAiEFt. F� 3�+�:•� �8 i 3) S35•a585 F"ACSIMILC (813� 539-00?4 � � .: Page -2- December 19, 1995 I asked Commissioner Thornas if I should resign my position from the Bc�ard based on my famities recent move. Commissioner Thomas stated that he felt i definitely should not resign and that i should be able to finish my 3 year. terrn but that I should write this letter to you and make a request for a Nletter of clarification" or request the Commission consider an ordinance amendment allowing business °owners" or uresidents" of the City to serve as volunteers on City assembled boards. In closing, I would simply like to say that I have enjoyed serving the City thus far and that ( would like to continue my service if possible. I appreciate any assistance you may offer me regarding this matter. Very truly yours, AUDE, SH WILLIAMS, INC., AIA . . _� -- . �; .. _-= -�', .� _ , �.. c.._-----�—`.� . �_ . Arthur C. Shand Principal � ACS:Inh � ; � .,�.► .�,� ' �,, ,�.�►� /��� /lC-�`-tjy-✓ —`� �..-.�-v.t.�,....-�-,z -c.s--s-. , r � �-'� %��9� � . �op�E�: ! � - c D�� ,� lty COMMISS IC1R D E C 1 5 1995 of Clearwa�ter Interdepartmental Corr�pondenoe • PR ES5 Betty Deptula, City Manager TO. CLERK i ATTORNEY ,�F F]E�OM: Ream Wilson, Director, Parks and Recreation Departmelq� COPIES: SUBJECT: DATE: 60 Year Celebration for Philadelphia Phillies December 12, 1995 r� � ���F�-� . � �-\1��!�U �� The Philadelphia Phillies will be arriving i.n January, 1996, which will be their 50th year of spring tra.ini.ng in the City of Clearwater. This longevity is a significant achievement and we feel it i.s deserving of special recognition. Accordingly, we recommend that the City once aga.in sponsor a.n "Qfficial Dinner" as well as an event called "Clearwater Celebrates 50 Years of the Phillies" which would be open and free to the general public_ Informataon regardi.ng these proposed actavities is outlined below. �learwater Celebrates 50 Years of the Phillies - This event would be co- sponsored and organiz�d by "Clearwater Festivals". It would be held on �esday, Februa.ry 27, 1996, from 6:00 p.m. unti18:30 p.m. at the Harborview Center. Mr. Ter-ry Schmidt has already met with Phillies representatives at their request and jointly arrived at the date and concept of the event. Basically, the activity would be free to the general public and would include the following typical actavities: > Music > Strolli_ng entertainment (Clowns, Phillies mascot, etc.) > Free ball park foods (Hot dogs, popcorn, dri.nks, etc.) > Distributi.on of free Phillies souvenirs > 10 players sign.i.ng up to 200 autographs. Autographs will cost $3.00 each and all revenue will b� equally distributed to tbe three Little League programs in Clearwater >�aditional speeches and recognition fram City and P��illies o�cials > Fam�ly activities In order to conduct this activity, it is requested that the City allocate up to a maximum of $5,000 as they did for a similar event hQld in 1994 at Station Square Park. However, this event at the Harborview Center should be considexably bigger in scope and draw more people. Clearwater Festivals will solicit sponsors to cover costs but, in the event there is a short fall, the City will be asked to contribute the aunount of the shortfall, not to exceed the $5,000. C)�cial Dinner - Conversations have been held with Mr. Bill Giles (President of the Phillies) and other Phillies personnel and it appears that everyone enjoyed last years dinner which was informal and which was held at the City's "Sailing Center". It is recommended th�t this years dinner again be held at the Sailing Center and that it sltrtilo �� r�rt� � Betty Deptula Page 2 December 12, 199b agai.n be catered by "The Stu�'ed Musbroom". The date and t,�me of the event is Monday, March 25, 1996, witb social hour at 6:30 p,m. and dinner at 7:30 p.m. Invitees will be front office personnel of the Philadelphia Phillies, elected o�cials and management staff of the City of Clearwater, and off'icers of the Clearwater Chamber of Commerce. As you �ay be aware, $2,000 is included for this function in the current budget. Preliminary discussions with the caterer indicat',e that the menu would be similar to last yea►rs and tbat our budgeted fund.s would be suff'icient to cover the cost. As in past years, approximately 50 people would be expected to attend. Your earliest review and direction regarding the above activities is appreciated. If approved by your office and the City Commission, we will begin planni.ng for both activities and will prepare an invitataon for the "O�cial Dinner" to be signed by the mayor. Again, your earliest response i� appreciated and I am available in the event you have any questions or desire further �nformatian. RW:mg H:�DATA\WPFILES\MGOHEENVtWMEMOS\DEPTULA7.DOC �ECrei�o �� r�re� i- C �� -� TO: FROM: Mayor and Cornrnissioners f � Cynthia E. Goudeau, CiCy Clerk -C� CITY OF CLEARWATER Interdepartmental Correspondence SUBJECT: Commission Direction re Letters frorn Commission rnembers COPIES: DATE: Elizabeth Deptula, City Manager Pamela K. Akin, City Attorney December Z0, 1995 I have reviewed the tape of the Work Session at which the topic of letters being sent stating the City Commission's position was discussed. During that discussion it was agreed that prior to any Commission member indicating a group position, the issue would be discussed and the position confirmed with the remainder of the Cornrnission, It was also agreed that letters stating individual positions would not have to have Commission approval but could be written using the individual's official title. I hope this information is helpful. � ` i DEC 18 'SS 0z�48PM City Cornrnission .�. P.1i1 ��=- 3 CITY' OF C�,�'VVA.� P.O. B4X 4748 c�RwA�x, �.o.tun� 3�618-�7as I��I01�;�ANDU10� T�: �etty Deptula, City I�anager ��O�v1; Fred A. Thomas, Commissiaz�e� DATE: December 18, I9g5 SCJ�7ECT: December 11, 1995 x,tttex to 3.t.epresenta.t�ve Gingrich CC; Mayor, Commission ���������N�����Y�M�� ��N �wr���.ww����������rr���M����r��r.���.�.rY�� rMYY��Y������/��M1��M x b�lieve the Comrnission had a r�eccnt policy mcotiz�g wnccmi�'ig wha can write letters on behalf of the City, a�d what actions must take place prior to s�nding a] letter. T�.is xefeze,�ced �etter vio�lates the agrecment made betweeri the lviayor and Commissioners stating that no letters wouXd be sent to any pubU'�c offiicaal xepresendng the Ciky's �osition without tlie entire Co�azz�ss�an reviewin� the content of th�t ltttez. �ur "Democrat" Mayor, Rita Garvcy, appr.ara to tnjoy pou�di�.�ng our "Repub]ican" Speakcr, I�owt Cingricb, witk� her personal opinions. In order to discuss this issue one rnore time, I would lik� this itern scheduled on the worl� sessxon agen�da, �AT1jej � }4 I ; . ; i , � f � � 1 ( , { 4 i a � i � i � • �,�S�i►�;;►���;1 ,�� '�'��: �V ,.i. �. . ' .c"'7 • _ Q; �► . 4�� -9 � � �.O ►� -=�w.� rEa �,,��� `� ��-...., Clty Camrnlsslon December I 1, 1995 C I T '� The Honorable Newt Gingrich ,� Representative U. S. House of Representatives 2428 Rayburn House Office Building Washington, DC 20515 Dear Representative Gingrich; O F ' � s . ,� � � C L E A�, W A T E �, POST OFFICE 80X,A74B i CLEARWATER. FLORIDA 34618-4748 r �.�}`1 1J copiES ro; � , l� � �=oMMrssioN . DEC 14 1995 � PktSS CLERK / ATTORNEY As Mayor of the City of Clearwater, I ask you to consider many of the goints of the House Bill HR 1617. Both bills would substantially change the way workforce development is delivered in the nation. Because I know you are concerned about the welfare of all citizens, I recommend that you include the items below in your legislation. By doing this, it will demonstrate the cornrnitment of the United States Congress to ultimately crezte a system to consolidate, streamline and simplify the job training system. 1. Promote the local private public parinership that is required in the CAREERS Act through establishing local Workforce Development Boards to be appointed by county and city elected officials. This includes establishing one-stop or integrated career centers, selecting program operators, monitoring services provided and making budgetary, funding and contractual decisions. Governors are granteri broad authority to establish the make up of the local boards and to deterrnine the formula for funding local programs, but these decisions must be made in consultation with a wide range of individuals, including local elected officials, involved in workforce development activities. 2. The CAREERS Act, balancing the responsibilities and rotes of the various levels of governrnent, makes more sense if the goal is to ensure an effecdve and efficient job training system. � 'Equal Empioyme�t and Aifirmative Action Employer' (� Vdi� . . ._.... ,, Page 2 3. The CAREERS Act requirement for significant involvement by representatives from private sector ensures that the program will be responsive to the needs of ernployers within local workforce development areas. Following the governance structure autline in HR 1617 can ensure that customers may obtain the kinds of training they need to obtain work in existing occupations for which there is demand. 4. Loca1 private sector involvement will enable custorners who obtair� employment in jobs for which there is demand to become econornically self- sufficient, thereby re�ducing welfare dependency. 5. The CAREERS Act recognizes that governors have an important role to play in the job training system and must be balanced by the view that economic and social diversity within states makes it difficult for govemors to develop statewide job training systems that can meet the diverse employee and employer needs of their states. 6. I,�ocally based employers can make accurate determinations as to the kindS of jobs that will lead to meaningful employment within their local workforce development areas. 7. Loc�lly based employers, working with local elected officials, can develop the kinds of workforce development area plans and budgets that will ensure that funds are appt•opriately allocated and spent. While you move forward with your discussions, I ask you to carefully consider the local governance portion of your bill so that our new system is the best we can possibly design for the customer as we face the 21 st century. If I can be of further assistance, please do not hesitate to call rne at 813(462-6700. Sincerely, Rita Garvey Mayor RG/cb Q c The Honorable Newt Gingrich Representative U.S. House of Representatives 2428 Rayburn House Office Building Washington, DC 20515 {202) 225-4501 Fax: (202) 225-4656 The Honorable Dick Arniey Representative U.S. House of Representatives 301 Cannon House Office Building Washington, DC 20515 (202) 225-7772 Fax: (202) 225-7614 The Honorable David E. Bonior Representative U.S. House of Representatives 2207 Rayburn House 4ffice Building Washngton, DC 20515 (202) 225-2106 Fax: (2� 2� 22�0 -1 � lc� The Honorable Howard P. "Buck" McKeon Representative U.S. House of Representatives 307 Cannon House Office Buildi.ng Washington, DC 20515 (202) 225-1956 Fax: (202) 226-0683 The Honorable hiark Souder Representative U.S. House of Representatives 508 Cannon House Office Building Washington, DC 20515 (242) 225-4436 Fax: (202) 225-3479 The Honorable William L. Clay Representative U.S. House of Representatives 2306 Rayburn House Office Building Washington, DC 20515 (202) 225-2406 Fax: (202) 225-1725 The Honorable Tom DeLay Representutive U.S. House of Representatives 203 Ca�oa House Office Building Washington, DC 20515 (202) 225-5951 Fax: (202) 225-5241 The Honorable Richard A. Gephard� Representativ� U.S. House of Representatives 1226 Longworth House Office Buiiding Washington, DC 20515 (202) 225-2671 lFax: (202� 225-7452 The Honorabte Frank Riggs Representative U.S. House of Representatives 1714 Long�vorth House Office Buildi.ng Washington, DC 20515 (202) 225•3311 Fax: None listed The Honocable Randy "Duke" Cunningham Representative U.S. House of Representatives 227 Cannon House Office Building Washington, DC 20515 (202) 225•5452 Fax:�202�225� Z558 'The Honorable Dale E. Kildee Representative U.S. House of Representatives 218'1 Raybrirn Hause Office Building Washington, DC 20515 (202) 225-3611 Fax: (202) 225-6393 T"t�e Honorable Pat Williarn�s Representative U.S. House of Representatives 2329 Rayburn House Office Building Wastungton, DC 20515 (202) 225-3211 Fax: (202) 226-0244 bZaUed I1I28/95�y�'� ■ .. � Tlse Honors�bte Tom Sawyer Representative U.S. House vf Representatives 1414 X.ongwoc-th House Office Building Wasbington, DC 20515 (2�2) 225-5231 Fax: (202) z25-5278 'The Honorable I.indsey Graham Representarive U.S. I3ouse of Representatives l429 Longworth �iouse Offi�e Building Washington, DC 2U515 (202) 225-5341 Fax: (ZQZ) 225-3216 The Honorable Steve Gundecson Representative U.S. House of Representatives 2185 Rayburn House Office Building Washington, DC 20515 (202) 225-5�06 Fax: (�> �.a5- to IciS � The Honorable Bill Goodling Representative U.S. House of Representatives 2263 Rayhurn House 4ffice Building Washington, DC 20515 (202) 225-5836 Fax: (202) 226-1000 The Honorable Gene Green Representative U.S. House of Representatives 1024 Loagworth House Office Suil3ing Wastungton, DC 20515 (202) 225-1688 Fax: (202) 225-9903 �failcd 11/28I95 � . .: t 1'he Honorable Chrlstopher J. Dodd Senator Untted States Senate 444 Russell Senate Office BuiIding Washington, DC 20510 (202) 2242823 Fax: (202) 224-1083 The Honorable Paul Simon Senator United States Senate 462 Dirksen Senate Office Building Washington, DC 20510 (202) 2242152 Fax: (202) 224-0868 1'he Honorable Nancy Landon Kassebaum Senakor United States Senate 302 Russell Senate Office Build.ing Washington, DC 20510 (202� 22a-a��a Fax: C�ca) a-a�}-35�� The Hoaorable Barbara A. Nlikulslfl Senator United States Senate '709 Hart Senate O�ce Buildi.ng Wasb�ington, DC 20510 (202) 224-�t654 Fax: (202) 22488�8 7'he �ionorable Paul Wellstone Senator United States Senate �17 �art Senate Office Building w�n��oo, Dc Zosio (202) 224-5641 Fax: (202) 224-8438 The Honorable Judd Gregg Senator United States Senate 393 Russell Senate Office Building Washingtoa, DC 2051Q (202) 224-3324 Fax: (202) 224-4952 The Honorabte Tom Harkin Senator United States Senate 531 Hart Senate Office Building� Washington, DC 20510 (202) 224-3254 Fax: (202) 2249369 The Honorable Daniel R. Coats Senator United States Senate 404 Russell Senate Office Building Wastungton, DC 2Q510 (202) 224-5b23 Fax: (202) 228-3924 The Honorable Edward M. Kennedy Senator United States Senate 31� Ri�ssell Senate Office �uilding Washir�gton, DC 20510 (202) 224-4543 Fax: (202) 224-2417 The Honorable Spencer Abraham Senator United States Senate 245 Dirksen Senate Office Building Washington, DC 20510 �202� ZZa-as22 F�: �a� �a� - �83`� The Honorable John Ashcroft Senator United States Senate 170 Russell Senate Office Building Washingtoa, DC 20510 (202) 224-6154 Fax: (202) 228-5126 The Honorable Mike DeWine Seaator Uaited States Senate 140 Russ�ll Senate Office Building Washington, DC 24510 (202) 224-2315 Fax: (202) 224-G519 Tbe gionorable Claiborne Pell Senator United States Senate 335 RusseU Seaate Office Building Washington, DC 20510 (20�) 224-4642 Fax: (202) 224-4680 The �ionorable James M. Jeffords Senator United States Senate 513 Hart Senate Office Building Washington, DC 20510 (202) 224-5141 Fax: (202) 224-833a The Honorable Bob Dole Senator IJnited States Senate 141 Hart Senate Office Building Waslungtan, DC 20510 • (242) 224-6521 Fax:���.� a3�--1�1�1 1'he I�onorable Tom Daschle Senator United States Senate 509 Hart Senate Office Buildi.ng Washi.ngton, DC 20510 (20�) 2242321 Fax: (202) 224-2047 Fax: The Honorable Bill Frist Senator United States Senate 565 Dirksen Senate Of�ce Building WashIngton, DC 20510 (202) 2243344 Fax: (202� 228-1264 The Honorable Slade �orton Senator United States Senate 730 Hart Senate Office Building Washingtoa, DC 20510 (202) 224-3441 Fax: (202) 224-9343 'I'he Honorable Trent Lott Senator United States Se�ate 487 Russell Senate Office Building Washi.ntgon, DC 20510 (202) 224-6253 Fax: (202) 2242262 T'he Honorable John B. Breaux Senator United States Senate 516 Hart Senate Office Building Washi.ngton, PC 20514 (202) 224-4623 Fax: ��� �� -�.� Fax: Fax: Fax: Mailed 11l19/95 . City Cornrnission TO: FROM: DAT�: SUBJECT: COPIES TO: COMMISSION DEC 2 6 1995 PR�SS CLERK / ATTORNEY v'� ��z/� � P �-��-- CITY OF CLEARWATER P. o. Box 4�as CLEARWATER, FLORIDA 34618-4748 MEMORANDiJM Betty Deptula, City Manager Fred A. Thornas, Commissi December 20, 1995 Supervisor Dale Carm CC: Mayor, Comrnission I have heard that this employ�..e was arresteri on city time at his residence on charges of dornestic violence and child abuse, I believe this is the same supervisor that was involved in an accident where no reports were written and the vehicle was repaired by personnel outside of the auspicies of our standard repair system. I further understand that his city piece of equipment was at his horne outside of the city during the domestic violence and had to be recovered by city personnel. I understand, also, that there have been no reports on this issue. I would like a thorough public evaluation of the Solid Waste Department and its management methods. I have discussed with you the drug problem that has been brought to my attention, and as of now, I have seen no action by members of your management team to solve that problem, I told you several months ago that I would be quiet and allow you to handle it. I am tired now of waiting for results. It is time to take the lid off of the problern with Solid Waste, the management problems, the drug problems, and this recent incident that I have described in this letter and put the sunshine on the entire issue. This city is long overdue havi.ng its own drug free workplace policy. I do not want the unions to inhibit the city from having a drug free workplace. Most respectable businesses in this nation have a drug free workplace, and this entire issue should be cleaned up once and for all. I want a full r�port to the City Commission and a full discussion at work session on this entire issue, not just this incident and this supervisor. The safety of all city workers is at stake. I am enclosing my own cvrporate drug free workplace policy. This type of policy should be enacted by ordinance making it law for city workers. With regards to Supervisor Carrnichael, I heard of an incident a couple of years ago when he physically abused an individual. This should be thoroughly brought forward and invesdgated. If these allegations are true, I would presume we have policies on how to deal with these situations. FAT/jej Lov,�I� PAGE 2 The ultunate goal.of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug free environment. Our intention is to prevent and treat substance abuse. We would like to encourage those who use drub or abuse alcohol to seek help in overcorning their problem. In this way, fully rehabilitated abusers who rema.in cirug free can return to work as employees in good standing. With these basic objectives in mind, the Company has established the following policy with regard to use, possession or sale of alcohol and drugs. II. DEFI�TITIONS A. "Legal Drug" - Prescribed or over-the-counter drug which has been legally obtained and is being used solely for the purpose for which it was prescribed or manufac�ured. �• "Illegal Drug" - Any drug which (a) is not legally obtainable, (b) may be lega�lly obtainable but has not been le�ally obtained, or (c) is being used in a manner or for �urpose other than as prescribed. C. Company "premises" or "property" - is used in the broade�t sense and as used in this policy includes all property, faalities, company offices, work locations, trailers, parking lots, desks, and vehi�les. P�GE � A. GENERAL PROCEDURES An employee reporting for woric visibly irnpaired is unable to properly perforrn the required duties and will not be allowed to work. ., If possible, the employee's supervisor will first seek another supervisor's opinion to confirm the employee's status. Then the supervisor will consult privately wxth the employee to deterrnine the cause of the observed problem, inclucling whether substance abuse has occurred. If, in the opinion of the supervisor, the employee is considered impaired, the ernployee will be sent home or to a meclical facility by taxi or other safe transportation alternative, depending on the deterznination of the observed impairment, accompanied by the super�isor or another employee if necessary. �An impaired employee will not be allowed to drive. � B. PRE-EI�IPLOY3VI�ENT DRUG AB�JSE TESTI�TG The cornpany will conduct pre-ernployment testing exarninations designed to prevent hiring individuals who use illegal drugs or individuals whose use of legal dxugs interferes with the individual's ability to perform essential job functions despite reasonable accomrnodation or results in a direct threat to the health or safety of the i�dividual or others in the workplace. �o���) 0 �� r �- PAGE 6 3. Routine Fitness For Duty eYaminations, as a part oE a routinely scheduled fitness-for-duty medical e.Yarnination that is part of the Company's established polic� or that i� rcheduled routinely for all members of an ernployment classi.�icaiion or group; i.e. driver certification. � ` V � 4. Follow-up, if the employee in the course of employrnent enters an Employee Assistance Program for drug related problems, or an alcohol & drug rehabilitation pro�ram, the Cornpany will require the ernployee to submit to a cirug test as a follow- up to such probram, and on a monthly, quarterly, serni-ar�.nual � or annual basis for up to 2 vears thereafter. 5. The Company will conduct monthly, random drug testing among all ernployees. Under any of the aforernentioned arcumstances, the Company will test for anv or all drugs Iisted in Rule Number 38F-9.00i C5, State of Florida, Depaitmenf of Labor, Divisio� of Workers Compensation, Workers . Compensation Drug Testin� amphetamines (speed), co�aine (nose candy, crack), bar�ai�u.rates (downess), cannabinoids (THC, � marijuana), opia tes {herion, morphine), phencyclidine (PCP, - angel dust), benzodiazepines (valiurn), methadone, methaqualone (quaalude), and propoxyphene (Darvon). In ;,` addition, appropriate tests for alcohol use and abuse will be -;. . adrninstered when deemed needed. ;. ;: i. a f� a PA GE 8 3. Alcohol Abuse -- Any employee who is under the influence of alcoholic beverages at any time while on company business or at any time during the hours between the beginning and ending of the employee's workday, is �uilty of misconduc� and is subject to d�scipline, up to and including discharge, even for the first offense. � An employee w-i.il be determined to be under the influence : of alcohol if: a. the employee's normal faculties are irnpaired due to corisumption of alcohol; or if b. the employee has a blood-alcohol level of .OS gdl or higher. � Failure to submit to required medical or physical examinations or tests is misconduct and is grounds for discipline up to and including discharge. A positive confirnled test wiLl result in termination. An employee who refuses testing or whose test confirrns positive after a work related injury will. fo�feit his medical and indemnity benefits from workers' compensation. 4• . Conviction of driving while under the influence; anyone _� � who is convicted of, pleads guilty or nolo contendere to a : �� DLTI charQe must report it to his/her supervisor. Those who ��� � come orward with this information will not be terminated �� f :�;.. �'�� ON THE FIRST OFFENSE, providing the ernployee is not ~� required to drive to perform his/ her job. Nevertheless, w^. �o v��) P.� GE 10 F. EMPL�YEE ASSISTANCE If an employee realizes he / she has an alcohol or dru; abuse problem, here is a list of a�enaes to contact for�help. Alcoholics Anonyrnous, 530-041� Cri.sis Cente�, 800 / 82�-7575 Cocaine Abuse I-�io�line, S00 / 8�-7675 National Institute on Drug Abuse Hotline 800 % 662-HELP $00 % CCJCAIl�tE (800 / 262-?463) . MEMOR:ANDUM TO: Commissioner Fred Thomas ^� / FROM: Kathy S. Rice, Deputy City Manage �� 1 � COPIFS: SUB,JECT: DATE: Mayor and Commissioners Betty Deptula, City Manager Your Memo Dated December 20, 1995 December 26, 1995 COPIES �'p; COMMISSION DEC 2 6 �995 PRESS CLERK / ATTORNEY �� � � , �j , �: ;� � � � r���9� �� i f We are aware of the incident discussed in your memo of December 20, 1995. It is being investigated and a request for disciplinary action is being completed. I am not sure this was related in any way with drugs. The City does have a policy to deal with situations where an employee is accused of abuse, whether they be on duty or off duty. We will continue to handle these with a thorough investigation and a fitness for duty evaluation, if required, by appropriate medical personnel. The City does have a random and reasonable suspicion drug tesdng policy. We do take action on ,�n drug probler�s we are aware of. As allowed by law, the City randornly tests employees with a cornmercial driver's license (CDL) and employees who work on the gas pipeline. This includes over 400 employees many of whom are in Solid Waste. No one in Solid Waste has ever tested positive on a random drug test. However, we have had approximately four percent test gositive in the rest of the City. Those employees are terminated immediately. There is a pre-employment drug test for every employee and we have recently reviewed our drug free and alcohol free work place prograrns. � Attached are: City's drug and alcohol policies, our drug testing policy from the CWA contract, and data on random testing from the last year. Attachment � CITY OF CLEARWATER - Effective: JANUARY 1, 1995 Lov�R) Revised 5/95 ., . . � . . � . The City of Clearwater acknowl�dges the problem of drug abuse as a serious threat in the workplace. National studies indicate that individuals using and abusing drugs have a significant drop in protluctivity, an increase in absenteeism, and are responsible for a significant percentage of all industrial accidents. This creates unnecessary costs, imposes an unfair burden upon employees who do not use or abuse drugs and can create an unsafe work environment. Froblems of this sort can be eliminated by maintaining a workforce that does not use illegal drugs or abuse prescripdon, or over-the-counter drugs. It is the goal of the City of Clearwater to have a workforce free of those who ch�oose to use illegal drugs, and misuse prescription drugs. This policy will help our City achieve this goal. It shall he effective on January 1, 1995. All employees who remain in the City of Clearwater's employ after that date shall, by remaining employed, demonstrate that they agree to abide by the terms and condidons of this policy as it now exists and as it may, from time to time, be amend�d. PULICY STAT�ViENT The purpose of this policy is to establish procedures for the administration of drug screening testing for all City employees. This policy shall apply to all employees of the City of Clearwater after the effective date of this policy. Anyone offered employment with the City of Clearwater after the effective date of this policy shall be required to take and pass a drug screen as a condition of employment. Any job applicant offered a position who refuses or fails a pre-ernployrnent drug test will not be hired. Any employee who refuses or fails a drug test will immediately be removed from active duty and subject to discipline under the City of Clearwater Guidelines to Disciplinary Action including termination. 'This policy is to implement all Federal and State laws governing the use of drugs in the workplace. It is to be used in conjuncdon with any applicable union contract in force. Mandatory Federal and State laws shall supersede any provision in any union contract. No provision in this policy shall be deemed to supersede any applicable provision Federal, State or union contract. PROCEDURE 1. Em�lo�ee Cate ori s a) Testing Program - all employees of the City of Clearwater are subject to drug testing as oudined in thi5 policy. Page 2 b) Substance Abuse Training (SAT) - all management positions including field supervisors shall receive SAT training for detecting symptoms of drug use, 2. Definitions Comrnon sense should be used when interpreting and applying this policy. The definitions set forth in this part are not to be construed in a manner that would limit the otherwise normal applicadon of this policy; a) Company: As used herein refers to the City of Cle,arwater b) Drugs: This refers to illegal drugs, prescription drugs, and legal nonprescription drugs that alter mood, consciousness or coordination. 3. P�lir�y a) Prohibited Acts: The sale, possession, use or� purchase of illegal drugs, or any drugs or controlled substances which are not prescribed by a licensed medical doctor, or prescripdon drugs used in a rnanner not consistent wit�� recognized rnedical procedures while working, operadng a City vehicle, machinery, equipment, or otherwise, is prohibited. b) Observance of this policy is a condidon of continued ernployment. 4. T,ypes of Drug Testing The City shall conduct the following types of drug tests: a) PRE-EMPLOYMIIV'T TESTIIV'G. PRE-POSTI'ION TESTIIVG. (1) All applicants selected for employrn�nt must take and pass a drug screen as a condition of obtaining ernployrnent. Applicants who test posidve will not be hired and do not have the right to have their samples retested. (2) Current employees who are offered a safety-sensitive position covered by this policy will be tested before being appointed. b) RANDOM DRUG TESTING FOR CDL & RSPA PIPELINE EMP'LOYEF�. (1) All worlcing employees in safety-sensitive positions covered under the Commercial Motor Vehicle (CMV) Commercial Driver License (CDL) and RSPA Pipeline anti-drug policies are subject to unannounced testing based on random selection. This includes ternporary employees performing work in a covered position. Page 3 �o vCR) (2) The City will test at least fifty percent (SO�o) of safety-sensitive employees every twelve (12) rnonths, divided on the basis set forth in paragraph (6) below. All persons in safety-sensitive positions will be subject to being randomly picked for drug testing at each random testing date. A person may be randomly selected more than once or not picked at all during the annual period. (3) To assure that the sele�tion process is random, all CDL licensed employees covered by this policy will be placed in a common pool. All RSPA Pipeline safety sensitive employees will be placed in a separate poo1. Permanent and temporary ernployees will be included in these pools. (4) The random selection procedure will be computer generated numbers that rnatch with numbers assigned to covered employees. The random selection will be generated by our Human Resources Department or an authorized out source agency. The departments affected by random selecdon requirements will advise the Human Resources Department of any changes in covered personnel. (5) The selection procedure will select sufficient addidonal numbers to be used to reach the appropriate testing level during each test period. The alternate numbers (names) will be tested in order of selecdon only if persons selected are unavailable for testing. (6) Random testing will be done on a rnonthly basis. c) POST ACCIDENT TFSTII�IG F�OR CDL AND RSPA PIPELINE �LOYF.ES. (1) Employees working in safety-sensitive positions covered by this policy whose performance either contributed to an accid�nt or cannot be cornpletely discounted as a contributing factor to the accident wi11 be tested. (2) The employee will be tested as soon as possible, but no later that 32 hours after the accident. Because certain drugs or drug metabolites do not remain in the body for extended periods of dme, testing should be as soon as possible. (3) An "accident" on a gas pipeline is defineii as an "incident" in 49 CFR, Section 191.3. "Incident" means any of the following events: (A) An event that involves a release of gas from a pipeline and Page 4 (i) A death, or personal injury necessitating inpati�nt hospitalization; or (ii) Estimated property damage, including cost of gas lost of the operator or others, or both, of $50,000 or more; (B) An event that results in an emergency shutdown of the Liquid Natural Gas facility; (C) An event that is significant, in the judgment of the operator, even though it did not meet the criteria of paragraphs (A) or (B). (4) An accident involving a CMV is defined in 49CFR 390.5. (A) Any driver who was performing sa.fety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or � (B} Who receives a citation under State or Local Law for a moving traffic violation arising from the accident. (C) There is bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (D) When one or more motor vehicles incur disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. (5) All reasonable steps will be taken to obtaan a urine sample from an employee after an accident. In case of a conscious but hospitalized employee, the hospital or medical facility will be requestedlrequired under DOT to obtain a sample under DOT drug testing requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample. (6) If an employee who is subject to post-accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee will be removed from duty as an employee covered by this policy and subject to discipiinary action, up to and including termination. Page 5 �o �/�'R.� d) REASONABLE SUSPICION TESTING (ALL EMPLOY]EES). Any City ernployee whose behavior or performance suggests the influence of drugs or controlled substances will be subject to a drug screen (urine test) based on "reasonable suspicion." Reasonable suspicion drug tesdng means drug tesdng based on a belief that an employee is using or has used drugs in violation of the City's policy, drawn from specific objectives and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other �hings, such facts and inferences may be based upon: (1) Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. (2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (3) A report of drug use, provided by a reliable and credible source, which has been independently conoborated. � (4) Evidence that an individual has tampered with a drug test during his ernployment with the cunent employer. (5) Inforrnation that an employee has caused, contributed to, or been involved in an accident while at work. (6) Evidence that an employee has used, possessed, svld, solicited, or transferred drugs while working or while on the employer's prer�ises or while operating the City's vehicles, machinery, or equipment. ('� One supervisor of the employee must substandate the decisivn to test for reasonable suspicion. This supervisor must be (SA) trained in recognizing drug use symptoms. e) CONSEQUENCF.S OF A P'OSITIVE, CO 'CFST ItESULT: (1) Any employee who is terminate.d on the basis of a positive, confirmed test result will forfeit unemploymeni compensaaon benefits as provided in the Florida Workers' Compensation Act, related laws or applicable laws of other states. (See Florida Statute 440.1+D2 & 443.101(d) Page 6 S. (2) Employees injured in a work place accident who have a positive, confirmed test result will forfeit eligibility for medical and indemnity benefits as provided in the Florida Workers' Cornpensation Act, related laws or applicable laws of other states. . �l . � _ a) Drug testing will be performed utilizing urine samples. Employees must provide the collection agency (as defined by the city) with a photo identification card. If the employee does not present a photo identificadon card then the ernployee's irnrnediate supervisor will be called and he/she will have to physically go to the collection agency and identify the ernployee for the collection agency. b) Tests for marijuana, cocaine, opiates, amphetamines and phencyclidine will be performed. The following initial cutoff levels shall be used when screening specirnens under CDL & RSPA Pipeline GuideHnes to determine whether they are negative for these five drugs. DRL3G PANEL Cannabinoids/Marijuana metabolites Cocaine rnetabolites Opiate rnetabolites Phencyclidine Amphetarnines DETECTION LEVEL EMIT 50 (ng/ml) 300 (ng/ml) 300 (ng/ml)* 25 (ng/ml) 1,000 (ng/ml) * 25 ng/ml if immunoassay specific for free mor�hine. GC/MS S00 (ng/ml) 150 (nglrnl) 15 (ng/ml) 300 (ng/ml) 25 (ng/ml) c) Tests for marijuana, cocaine, opiates, arnphetamines and phencyclidine will be performed. The following initial cutoff levels shall be used when screening specimens, under HRS Guidelines to determine whether they are negative for these five drUgs. Page 7 �ov�ER� pRUG PANEL Amphetamines Cocaine Metabolites Cannabinoids/Marijuana Metabolites Opiate Metabolites Phencyclidine DETECTION LEVEI� EMIT 1000 (ng/ml) 300 (ng/ml) 100 (nglml) 300 (ng/ml) 25 (ng/rnt) GC/MS 500 (ngiml) 150 (ng/ml) 15 (ng/ml) 300 (ng/ml) 25 (ng/ml) d) An applicant who is offered a position with the City of Clearwater will be required to report to the drug testing collecdon site specified in Section 6 of this poUcy within 48 hours of notification and provide a specimen of his/her urine. e) Upon notification that a drug test is required, an employee will adhere to the following schedule: (1) random and reasonable suspicion will report immediately after notification to the drug collection site and provide a specirnen of his/her urine. (2) Post accident will report as soon as possible but no later than 32 hours after the accident to the drug collecdon site and provide a specimen of his/her urine. � A driver�, who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. g) The collection agency shall adhere to all requirements outlined in 49 CFR Part 40, Procedures for Transvortation Workplace Dru T� esting Program. 6. Medical Review Officer (MROI � a) The MRO for this policy is Dr. Mark Monical, M.D., 14581 Walsingham Road, Largo, Florida 34644. Telephone number (813) 593-2224 and (813) 799-9440, Fax (813) 593-2842. � Page 8 b) Note: The MRO must be a licensed physician, either a doctor of inedicine or a doctor of osteopathy, knowledgeable in drug abuse disorders. Reference U.S, Department of Health and Human Services Medical Review Office Manual. The following is a listing of the MRO's speciFc responsibilities: (1) (2) (3) (4) t5) (6) (� (g) (9) Receive positive confirmed results from Iaboratory. Request, if needed, a quantitadve description of test results. Receive a certified copy of the original chain of custody. Review and interpret positive test results. Inform the tested individual and provide test results. Conduct a medical interview with the tested individual. (Medical interview rnaybe made by telephone.) Review the individual's medical history, or any other relevant biomedical factors. Give the individual an opportunity to discuss test results. Order a reanalysis of the original sample in a certified laboratory, if necessary. (10) Consult with others if question of accuracy arises (consistent with procedures outlined in Part 13 - Confidentiality). (11) (12) Consult with laboratory officials. Refuse urinalysis results which do not comply with the mandatory evidences. (13) Before the 1�IR0 verifies a confirmed positive result for opiates, he or she shall determine that there is clinical evidences - in addidon to the urine test - of unauthorized use of any opium, opiate, or opium derivative (e.g. morphine/codeine). ('This requirement does not apply if the employer's GC/MS confirrnation testing for opiates confirms the presence of 6- Monoacetylmorphine.) (14) Determine whether a result is sciendfically sufficient. Page 9 L� ���R� (15) Determine whether a result is consistent with legal drug use. (16) Forward results of verified positive test to Human Resources Director or the appointetl designee. (1'n Maintain �he required records to administer this program. (18) �ive cornpetent testimony, as needed. Note: For additional details of responsibilities, see the U.S. Department of Health and Human Services (DHHS) AZedical Review Officer Manual. 7. Testin� Labora.torv a) The testing laboratory for this policy is Nadonal Reference Laboratory, 1400 Donelson Pike, Suite A-15, Nashville, Tennessee 3721 �, telephone 1(800) 800- 4522. Other laboratories with NIDA certification may be utilizesi if the need arises. b) The testing laboratory will comply with all methods and procedures of 49 CFR Part 40 �nd will provide annual reports to the City showing full compliance. c) The testing laboratory will retain samples that yield confirrned positive results for one (1) year. The laboratory rnay be requested to retain samples for an additional period if requested by Director of Human Resources or its appointed designee. 8. CollectiQn A Qen � a) The collection agency for this policy is HCA Family Care Centers Walk-in Clinics, 2 North Belcher Road, Clearwater, FL 34625. The telephone number is (813�449-2224. b) The collecdon agency will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to the City showing full compliance. 9. Retestine of Sam�les Once the Medical Review Officer notifies Human Resources that there has been a positive drug screen result based on a random test, reasonable suspicion or post accident, the following steps will be taken : a) The appropriate Departrnent Director or the management person authorized to act in the Director's place will be noti�'ied to direct this individual to vacate City . property pending appropriate disciplinary action. Page 10 b) Human Resources/Employee Relations will identify whether or not the employee is a mernber of the CWA. If the employee is a member, then he/she will be advised to contact his/her Union Representative to discuss having the sample retested. Under the DQT guidelines, employees in "safety sensitive" posidons are entitled to have a split specimen reanalyzed within seventy-two hours from notification by the MRO or City representative. c) If no retest is performed or if the retest results are positive, the employee will be subject to discipline, up to and including termination, under the Guidelines for Disciplinary Acti�n and the corresponding City of Clearwater Civil ServiGe Board Rules and Regulations. _ d) Procedures for ret�sting upon request by CWA: (1) The employee must sign a Medical Release Form. (2) The Union Representative will contact the Human Resources Director or appointed designee to notify the HCA Family Care Centers Walk-in Clinic that the sample is to be split for another analysis. (3) The HCA Family Care Centers Walk-in Clinic will then transfer a split of the sample to: A IVIDA approved laboratory, chosen by the employee from a list provided by the MRO. HCA Family Care Centers Walk-in Clinic shall bill the CWA Local directly by sending the bill to the residence of the CWA Local's Treasurer. Employees who are not rnembers of the CWA will be responsible for this expense. (4) The laboratory performing the analysis will notify the CWA Officer and the Human Resources Director or the appointed designee of the results. (5) If the results are negative, no further action will be taken. (6) This agreement was approved by the Executive Board of CWA Local 3179 on Tuesday, June 9, 1992 and by the General Membership on Tuesday, June 16, 1992. 10. Ernployee A�sistance Pro rg am �EAP) a) Education - Every employee covered by this policy will receive the follov�ing drug use education: Page 11 Loy�R) (1) Drug information will be periodically distributed and displayed � in the work area. (2) A copy of this policy will be given to each employee and displayed in the work area. (3) The hot-line telephone number of employee assistance program will be given to each employee and displayed in the work area. The current employee assistance provider is Professional Psychological Services, Harborside, Suite 400, 1617 U.S. Hwy. 19 South, Clearwater, Florida, Phone (813) 539-7011. (4) Participation in rehabilitation through the EAP will not waive disciplinary action where warranted for violadons of rules and reguladons. b) Training - Every supervisor covered by this policy who will determine whether an ernployee must be drug tested based on reasonable suspicion will receive the following drug use training: A 1-hour (rninimum) training period on the specific, physical, behavioral, and performance indicators of probable drug use. 11. Record Kee�in� a) The City will keep the following records for the periods specified. These records will be maintained in the Human Resources/or appointed designee's office under the control of the Human Resources Director. (1) Records that demonstrate the collection process conforms to this policy will be kept for a minimum of 3 years. (2) Records of ernployee drug test results that show employees failed a drug t�st, and the type of test failed and records that dernonstrate rehabilitation, if any, will be kept for a minimum of S years, and include the following inforrnation: (i) The functions performed by each employee who fails the drug test. (u) The prohibited drugs which were used by each employee who fails the drug test. (iii) The disposition of each employee who fails the drug test (e.g. termination, rehabilitation, leave without pay, etc.). (iv) The age of each employee who fails the drug test. Page 12 (3) Records of employee drug test results that show employees passed�a drug test will be kept for a rninimum of 1 year. (4) A record of the nurnber of employees tested by type of test will be kept for a minimurn of 5 years. (5) Records confirming that supervisors have been trained as required by this policy will be kept for a minimum of 3 years. Training records will include copies of all training materials. (6) Submit D+OT required report annually as required. 12. �ontractor Emplo� Any contractor whose ernployees are covered under U.S. DOT 192, 193 or 195 must have a Drug Testing Policy which rneets U.S. Department of Transportation Drug Testing Part 199. The contractor will allow access to their property and records by the Human Resources Director or appointed designee of the City of Clearwater or his authorized representative. The contractor will also perrnit the representative of the State or Federal agency who monitors the compliance of these rules access to their property and records as outlined in Part 199, Section 21, Contractor Employees. The contractor will, prior to doing any work for the Clearwater Gas System, subrnit a copy of their current Drug Testing Policy. 13. Confidentialitv a) Each tested employee's re�cords of testing and results under this policy will be rnaintained as � private and confidential. With the exception of the testing laboratory, MRO, Human Resources Director or appointed designee or upon request of RSPA or State agency officials as part of an accident invesagation, t�e results of individual drug tests will not be released to anyone without the expressed written authorizadon of the employee tested. Prior to testin�, the tested employee will be informed about who will receive test data. (e.g. testing laboratory, MRO, Hurnan Resources Manager). b) All written records will be stored in locked contain�rs or in a secure location with access available only by the individuals listed above. c) Unless an employee gives his or her written consent, the ernployee's drug testing and/or rehabilitation records will not be released to a subsequent employer, Page 13 �ov�R� OVER-THE-COUNTER AND PRESCRIP'I'ION DRUGS WHICH COULD ALTER OR A,FFECI' THE OUTCOME OF A DRUG TEST Amphetarnines Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex. Cannabinoids Marinol (Dronabinol, THC). in Cocaine HCI topical solution {Roxanne). Phency�lidine Not legal by prescription. Methaq,u,�lone Not legal by prescription. ia Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin A�, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (�-Iydromorphone), M-S Contin and Roxanol (marphine sulfate), Percodan, Vicodin, etc. B�r�►iturates Phenobarbital, Tuinal, Arnytal, Nembutal, Se�onal, Lotusate, Fiorinal, Fioricet, Esgic, Budsol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. �gnzodiazepines Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranacene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax. �1e�.hadone Dolophine, Methadose. �ro,�,Xpheng Darvocet, Darvon N, Dolene, etc. LIST PRESCRIPTTON DRUGS TA►KEN VI�rHIN THE PAST 30 DAYS. THIS IS FOR YOUR USF ONLY AT THIS TIME. Page 14 � . � , _. ■.. CITY OF CLE�ARWAZ'ER � Effective: JANUARY 1, 1995 � �� � . . . . . �� The purpose of this policy is to define the City of Clearwater's position regarding employee alcohol use which adversely affects safety and/or job performancx. The City's position is that the abuse of alcohol or any substance which impacts safety and/or performance is a serious offense that will not be tolerated. It is the goal of the City to have a workforce free from the use or abuse of alcohol which adversely affects safety and/or job performance. This policy will help the City achieve this goal and it shall be effective on January 1, 1995. All employees remaining in the City of Clearwater's employ after that shall, by remaining employed, demonstrate that they agree to abide by the terms and condidons of this policy as it now exists and as it may, from time to dme, be arnended. �i� . _ � ; �' �M.lI The purpose of this policy is to establish procedures for the admir�istra�ion of alcohol scr�ening and testing for all City employees. Any employee covered by this policy who refuses or fails an alcohol test will immediately be directed by the Department D'uector to vacate premis�es. This policy is to implement all Federal and State laws governing the use of alcohol in the workplace. It is to be used in conjunetion with any applicable union contract in force. Mandatory Federal and State laws shall supersede any provision in any union cont�rract. No provision in this policy shall be deemed to supersede any applicable provision Federal, State or union contract. • ���' This policy shall apply to all employees of the City of Clearwater after the effective date of this policy. � � � �!_+1 � � t M �I � � a) BAT is the abbreviation for the breath alcohol technician who would physically conduct the alc�hol test. b) EBT (evidential breath tesdng device) An EBT approv�d by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products list of Evidential Breath Measurement". Page 2 c) SAP is the substance abuse professional, who currently would be associated with Professional Psychological Services. SAP means a licensed physician (Medical Doctor or poctor of Osteopathy), or a licensed or certified psychologist, social worker, ernployee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission), with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders, d) QAP is the abbreviation for the quality assurance plan developed by the EBT manufacturer and subrnitted to the National Transgortation Safety Associadon. e) DOT is the abbreviation for Federal Department of Transportation. � CMV is the abbreviation for Commercial Motor Vehicle. g) CDL is the abbreviabon for "Commercial Drivers License". h) Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopr�opyl alcohol. i) BAC (breath alcohol concentradon) or content means the alcohol in a volume of breath expressed in terms of grarns of alcohol per 210 liters of breath as indicated by an evidential breath test under the procedures. j) Alcohol use means the consurnption of any beverage, mixture, or preparation, including any rnedication, containing alcohol. k) Confirmation test means a second test, following a screenu�g test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. 1) Refused to submit (to an alcohol test) means that a covered employee either fails to provide adequate volume of breath for tesdng without a valid medical explanatioa after he or she has received notice of the requirement to be tested in accordance with the provisions of �the pmcedures or engages in conduct that clearly obstructs the tesdng process. m) Safety-sensitive functions means any on-duty functions set forth iti CFR 49 395.2, On-duty time, paragraph 1-7. n) CFR is the abbreviation for Code of Federal Regulations. . � ����� �. � � _- . � a) Testing Program - All Ciry employee positions are subject to alcohol testing as oudined in this policy. ' Page 3 b) Employee Assistance Program (EAP) Tiraining - All management posidons including field supervisors shall receive EAP training for detecting symptoms of alcohol use: \��: • : ��� �� The City of Clearwater shall conduct the following alcohol tests: (a, b and c will apply to C�L and/or Pipeline employees only) a) PRE-EMPLOYII�N'I' TESTING. PRE POSITTON TF.S'TING (CDL REQ . (1) A pre-employment alcohol test will be conducted after an offer of employment is made, but before the applicant is hired. (2) A pre-position alcohol test will be conducted before a current ernployee transfers from a position not covered by C�L into a CDL position. (3) An employee who transfers from one position covered CDL to another covered CDL position does not require pre-position testing. (4) Employees working in a position covered by this policy on the effective dat� and who continue to work in a covered posidon do not require a pre- position test. b) RANDOM TFSI'ING. This provision provides for random tesdng of CDL positions: (1) All employe�s working in CDL positions are subject to unannounced testing based on random selection. This includes temporary employees performing work in a CDL position. (2} The City of Clearwater will test at least twenty-five percent (25 9b) of CDL employees every twelve (12) months, divided equally on a monthly basis. An individual may be randomly selected mor�e than once or not selected at all during the annual period. (3) To assure that the selection process is random, all CDL employee.s covered by this policy will be placed in a common pool. All permanent time and temporary employees will be in this pool. Page 4 . c) (4) The random selection procedure will be computer generated numbers that match with numbers assigned to covered employees. The random selecdon will be generated by the Human Resources Department or an authorizeri out source agency. The departments affected by random selection requirements will keep the Human Resources Department advised of any changes in covered personnel. (5) T'he selection procedure will select sufficient additional numbers to be used to reach the appropriate testing level during each test period. The altemate numbers (names) will be tested in order of selection only if persons selected are unavailable for cesting. POST-ACCIDEN'T TESTIIVG FOR CDL & PIPELINE ENiPLOYEE.S ONI,Y. (1) Employees working in posidons covered by this policy whoseperformance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident will be tested. (2) The employee will be tested as soon as possible, but no later than 2 hours after the accident. Because alcohol does not remain in the body for extended periods of time, tesdng should be done as soon as possible. (3) If the test has not been administere� within 2 hours, the employer shall prepare and maintain on file a record stating the reason a test was not prornptly administered. . (4) If the test has not been administered within 8 hours, attempts to administer the test will cease and the record deseribed above will be prepared and maintained. (5) An "accident" on a gas pipeline is defined as an "incident" in 49 CFR, Section 191.3. "Incident" means any of the following events: (A) : An event that involves a release of gas from a pipeline or of liquid natural gas �1� (ii) A death, or personal injury 'necessitating inpatient hospitalization; or Esti mated property damage, including cost of gas lost of the operator or others, or both, of �50,000 or more; An event that results natural gas facility; Page S in an emergency slhutdown of the liquid � (C) An event that is significant� in the judgement of the operator, even though it did not meet the criteria of paragraphs (1) or (2). (6) An accident involving a CMV is defined in 49CFR 390.5. (A) Any driver who was performing safety-sensitive functions with respect to the vehicle, if the accident involveti the loss of human life; or (B) Who receives a citadon under State or Local Law for a moving traffic violation arising from the accident. (7) All reasonable steps will be taken to obtain a breath oY blood sarnple from an employee after an accident. In case of a conscious but hospitalized employee, the hospital or medical facility will be requested to obtain a sample and if necessary, reference will be made to the DOT alcohol tesdng requirements. If an employee is unconscious or otherwise unable to evidence consent to the procedure, the medical facility shall collect the sample. (8) If an employee who is subject to post-accident testing is conscious, able to breath normally (in the opinion of a medical professional) and r�efuses to be tested, that employee will be removed from duty as an ernployee covered by this policy and subject to termination. d) REASONA.BLE SUSPICiON TFSTII�IG (ALL FMPLOYFrES) One supervisor of the employee must substandate the decision to test for reasonable cause. This supervisor must be substance abused trained in alcohol use symptoms. (1) Observable phenomena while at work,'such as direct observation of alcohol use or of the physical symptoms or manifestations of being under the influence of alcohol. (2) Abnormal conduct or erratic behavior while at �uvork or a significant deterioration in work performance. (3) A report of alcohol abuse provided by a reliable and credible source, which has been independently corroborated. (4) Evidence that an individual has tampered with an alcohol test, during his employrnent with the current employer. Pago 6 (5) Information that an employee has caused, contributed to, or been involved in an accident while at work. (6) Evidence that an employee has used alcohol while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment. e) Consequences of a gositive, confirmed test result: 1. Any employee who is terminated on the basis of a gosi�ive, confirmed test result will forfeit unemployment compensation benefits as provided in the Florida Workers' Corr�pensation Act, nelated laws or applicable laws of other states. (See Florida Statute 440.102 & 443.101(d) 2. Employees injured in a work place accident who have a positive, confirmed test result will forfeit eligibility for medical and indemnity benefits as provided in the Florida Workers' Compensation Act, related laws or applicable laws of other states. .. �j �� a) Alcohol testing will be performed by a breath analysis technician (BA1� utilizing an evidential breath testing device (EB1� for analyzing a breath samples. Employee must provide the �A Fam'�l„v Care Centers Walk-in Clinics with a photo identification card. If the employe� does not present a photo identification card then the employee's immediate supervisor will be called and heJshe will have to physically go to the collection agency and identify the employee for the collection agency. b) Te,sts fQr aicohol �rill be performed according to Department of Transportation testing procedures. The following initial cutoff levels shall be used when screening test results to determine whether they are negative for alcohol. Any employee whose BAC test results in a 0.02 or higher, but below 0.04 will result in an employee heing sent home for the balance of the day without pay. Any employee whose test results are 0.04 or higher will be removed frorrt thc City's premises and be iermi� as outlined by the City of Clearwater Guidelines for Disciplinary Action. c) � An employee who is transferring from a non-CDL required position t� a CDL required position will be required to report to the alcohol testing collection site sgecified in Section 6 of this policy within 4 hours of being offered the position. Failure to report for the test will result in the revocation of the offered posid�on. Page 7 d) Upon notification that an alcohol test is required, an employee will report as soon as possible but no later than 4 hours (2 hours for post-accident) after notificadon to the alcohol collection site and provide a breath sample. e) The collection agency sha�l adhere to all requirements outlined in 49 CFR Part 40, Pr�,�ures for TransQqrtation W�rkulace A1cohQl Testine ProQtam. 4. � a) The following is a listing of BAT specified responsibilities: (1) Review and interpret positive test results. (2) Inform the Hurnan Resvurces Director or appointed designee of the test resuits. (3) Maintain the required records to administer this program. (4) Follow for screening tests procedure as outlined in Subpart C. of Part 40 - Procedures for transportation workplace drug and alcohol testing programs. (5) The Human Resources Departrnent and the �AT will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to the City showing full compliance. 5. �'esting Center a) 1fie testing center for this policy is � A Family Care Cen�rs Walk-in �inics, 2 North Belcher Road, Clearwater, Florida 34625, telephone number is {813}449- 2224. b) The testing center will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to the City showing full complianoe. 6. Co11��iQ,� A eg ncv a) Tfie collecdon agency for this policy is �CA Familv Care Centets Walk-in �linics b) T'he collection agency will comply with all methods and procedures of 49 CFR Part 40 and will provide annual reports to the City showing full cornpliancx. Page 8 i�l � � • .� A) CDL and RSPA Pipeline empioyees are prohibited from using alcobal within fowr (4) hours prior to starting work or perforaling vovered functions, or, if an employee is called to duty to respond to an emergency, within the hme period af�er the employee has been nodfied to report to duty. � ��� • z� : ' �' � a) Education - Every employee covered by this policy will receive the following alcohol use education: (1) Alcohol informadon will be periodically distributed and displayed in the work area. (2) A copy of thi s policy will be given to each ernployee and displayed in the work area. (3) The hot-line telephone number of employe.e assistance program will be given to each employee and displayed in the work area. The current employee assistance provider is Professional Psychological Services, Harborside, Suite 400, 18167 U.S. Hwy 19 North,Clearwater, Florida, Phone (813) 539-7011. (4) Participation in rehabilitadon through the EAP will not waive disciplinary action where warranted for violations of rules and regulabons. b) Training - Every supervisor is covered by this policy who will determine whether an employee must be alcohol tested based on reasonable suspicion will receive the � following a]cohol use training: A 1-hour (minimurn) training period on the specific physical, behavioral, and performance indicators of probable alcohol use. '• ► Z .� � � �,- � 1 , a) T'he City will keep the following records for the periods specified. These records will be maintained in the Hurnan Resources Department under the control of the Human Resources Direct�or or the appc9inted designee. (1) Records that demonstrate the colleetion process conforms to this policy will be kept for a minimum of 3 years. Page 9 � (2) Records of employee alcohol test results that show employees failed an alcohol test, and the type of test failed and records that demonstrate rehabilitation, if any, will be kept for a minimum of S years, and include the following informatson: (i) The functions performed by each employee who fails the alcohol test. (ii) The disposition of each employee who fails the alcohol test (e.g. . terminadon, rehabilitation, leave without pay, etc.). (iii) The age of each employee who fails the alcohol test. (3) Records of employee alcohol test results that show employees passed an alcohol test will be kept for a minimum of 1 yeas. (4} A record of the number of employees tested by rype of test will be kept for a minimum of S years. (S) Records confirming that supervisors and employees have been trained as required by this policy will be kept for a muumum of 3 yea�rs. Training records will include copies of all training materials. (6) Human Resources or its appointed designee will submit an annual report to the DOT by March of 1996 for the period covering January 1995 to . December 31, 1995 and annually thereafter in March of each year for the previous calendar year. � �i�r . l� � �- Any contractor whose employees are covered under DOT must have an Alcohol Testing �olicy which meets U.S. Department of Transportadon Alcohol Testing. The contractor will allow access to their property and records by Human Resources Director, or appointed designee of the City of Clearwater. The contractor will also perntit the representative of the State or Federal agency who monitors the compliance of these rules access to their property and records. � The contractor will, prior to doing any work for the Clearwater Gas System, submit a copy of their current Alcohol Testing Policy. Page 10 � 1 � "I • � a) Each tested employee's records of testing and results under this policy will be maintained private and confidential. With the excepdon of the testing center, MRO, Human Resources �r designee upon request of RSPA or State agency officials as part of an accident investigation, the results of individual alcohol tests will not be released to anyone without che expressed written authorization of the individual tested. Prior to testing, the tested employee will be informed about who will receive test data (i.e. tesdng center, Human Resources, Human Resources Director). b) All written records will be stored in locked containers or in a secure locabon with access available only by the individuals listed above. c) Unless an employee gives his or her written consent, the employee's alcohol testing and/or rehabiliiation records will not be released to a subsequent employer. Page 11 , C, A written reprimand rnore than two (2) years old shall not be a factor in any employrnent decision made by the City of Ctearwater. D. Whenever the City proposes to amend the Guidelines for Disciplir�ary Acdon, it shall provide notice and a copy of the proposed amendrnents to the Union at least twenty-onc (2�) days in advance of the nex± scheduled quarterly meeting, and the Union shall provide input to the City at such meeting, ARTICLE 23 SALARY The City shall provide a 4� one-tirne payrnent for each active full-dme or permanent part-tirne employee in the bargaining unit, effective the first pay period following the approval of the contract. The City shall provide a 3� wage increase for each full-time employee and permanent part-tirne employee in the bargaining unit, effective October 1, 1995, by adjustrnent of the bargaining unit wage rates for fiscal year 1995-96. The City shall provide a 3� wage increase for each full-tirne employee and permanent part-time in the bargaining unit, effective October 1, 1996, by adjustment of the bargaining unit wage rates for fiscal year 1996-97, Ranges and Entry Steps shall be as reflected in Appendix A of this Agreement. A biweekly wage schedule shall be as reflected in Appendix C of this Agreement. C�� ARTICLE 24 DRUG AND ALCOHOL POLICY (This policy is intended to be in cornpliance with the Drug Free Work Place Act and any Federal Law requirements regarding the unlawful manufacturing, distribution, dispensadon, use or possession of any controlled substance or illegal drug.) 1. Voluntary use of controlled substances which caus�s intoxication or impairr�ent on-the: job and poses risks to the ernployer, the affected ernployee and their coworkers, is prohibited. 2. All Bargaining LJnit employees will be fully informed of the employer's for cause drug testing policy before testing is administered. Bargaining Unit employees will be provided wi�h information concerning the impact of the use of drugs on job performance. Unit suFervisors wi11 be trained to recognize the syrnptoms of drug abuse, impairment and intoxication. The City will permit two employees selected by the Unian ta attend such training class on City time. -43- L vxl�� 3.1 Annual Physical - Employees in job classifications which require an annual or biannual physical may be required to subrnit to a drug screening as part of the annual physical examination. 3.2 No Bargaining Unit employe.e will be tested for drug metabolites unless there exists a reasonable suspicion that the Bargaining Unit employee to be tested is under the influence of drugs. The term "reasonable suspicion" shall, for the purposes of this Policy and Section, be defined as follows: 3.2.1 Aberrant or unusual on-duty behavior of an individual employee that is observed on-duty by the employee's immediate supervisor or higher rank.ing employee and confirmed by the observation of another supervisory employee, managerial employee trained to recognize the symptoms of drug abuse, impairrnent or intoxication (which observadons shall be documented by the observers), and this rnay include such common signs as the following: - observed alcohol and/or drug use during working hours - unexplained work related accidents or injuries -�resence of physical symptoms commonly associated with substance abuse, such as: - impairment of motor functions - slurred speech - incoherent or irrational mental state - drowsiness - smell of alcohol or rnarijuana - extreme weight loss - red eyes - running nose or sniffling - frequent or extreme mood changes - lack of physical coordination - Deterioradng work performance and/or attendance problerns not attributable to other factors, such a�: - frequent absences or lateness - unexplained absence frorn assigned work area - frequent or extended visits to the restroom - deterioration in dress and/or grooming - other marked, unexplained changes in personal behavior 3.2.2 The type of behavior which is a recognized and accepted symptom of into�cication or impairment caused by controlled substances or alcohol, or addiction to or dependence upon said controlled substances. 3.3 Random or mass tesdng is prohibited, except required by law. �ther procedures may be used where required by law. Any testing required by law will be sent to ihe Union President, along with regulations %r such implementation as required, at least twenty (20) calendar days before such reguladons are implernented. I�Io drug testing may be conducted without the written approval of the Department Director, or designee. The Department Director, or designee, must document in writing who is to be tested and why the test was .. ordered, including the specific objective facts constituting reasonable suspicion leading to the test being ordered, and the name(s) of aily source(s),. or all of this informadon. One (1� copy of this document shall be given to the Bargaining Unit employee before he/she is required to be tested. After being given a copy of the docurnent, the affected Bargaining Unit employee shal! be allowed enough dme to be able to read and understand the entire document. Failure to follow any of these procedures shall result in the elirnination of the test results as if no test had been administered. The test results shall be destroyed, and no discipline shall be levied against the Bargaining Unit emplayee. 4.1 When a supervisor has reasonable suspicion to believe that a Bargaining Unit ernployee is using, consurning, or under the influence of an alcoholic beverage, non-prescribed controlled substance (other than over-the-counter rnedicadons), and/or non-prescribed narcotic drug while on duty, the supervisor will notify the Department Director, or designee, for the purpose of observation and confirmation of the employee's condition. If the Department Director, or designee, after observing the employee, also has reasonable suspicion to believe that the employee is using, consuming, and/or under the influence of an alcoholic beverage, non-prescribed controlled substance, or non-prescribed narcotic drug while on duty, then, by a written order signed by both the employee's immediate supervisor and the Department Director, or designee, the ernployee may be ordered to submit to toxicology testing designed to detect the presence of alcohol, chemical adulteration, marijuana rnetabolites, opiates, ampheta.mines and phencyclidine in accordance with the procedure set forth below. 4.2 Any ernployee subjected to such result of such test, and such employee shall benefits pending test results. test shall be removed from duty pending the continue to receive his/her regular pay and 4.3 Refusal to submit to toxicology testing after being ordered to do so shall result in disciplinary action. 5. Blood and Alcohol Test Procedure. The following procedure shall apply to blood and urine tests administered to► bargaining unit employees. S.l The employer may request urine samples except when the employee has been involved in an accident resulting in injury to him/her, in which case a blood sarnple may be required. Th� employee, at his/her sole option, shall, upon request, receive a blood test in lieu of a urine test. Urine and blood specimens sha11 be drawn or collected at the laboratory, hospital or medical facility. When requested by the employee, a Union representative shall be allowed to accompany the employee to the test and observe the collecdon bottling, and sealing oi the specimen. All specimen containers v�als, and bags used to transport them, shall be sealed with evidence tape and labeled in the presence of the employee and the Union representative (if one has been requested) . -45- (..o v,�R� 5.2 All testing shall be �one by a laboratory certified by the State of Florida as a r;zedical and urine drug testing laboratory which cornplies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the Standards for Certification of Laboratories engaged in Drug Abuse and Mental Health Administration of the U.S. Departrnent of Health and Human Services and is NIDA certi�ied. 5.3 The following standards shall be used to determine what levels of detected substances shall be considered as positive: I�-�..� Amphetamines Macijuana Metabolites Cocaine Metabolites Opiate Metabolites �� Scree�ineTTest_ Immuno Assay 1,000 ng/ml Amphetamine Metharnphetamine 50 ng/ml Delte-THC 3U0 ngiml Metabolite 3300 ng/rnl Morphine 25 ng/ml PCP 1 Detta-9-tetrahydrocannabinol-9-+carboxylic acid 2 Benzoylecgonine 3 25 ng/ml if immunoassay specific for free morphine Intaxilizer Test For Al�ohol Alcohol .04 °b Confirm tion Gas Chromatography /Mass Spectrometry 500 ng/ml GC/MS 500 nglml G+C/MS 1 15 ng/ml GC/MS 2150 ng/ml G�/MS 300 ng/ml GC/MS 25 ng/ml GCIMS Levels which are below those set above sha11 be determined as negative indications. 5.4 Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. 5.5 When an employee tests positive on the screening test (i.e., a drug or drugs is/are detected,) a second test, the Gas Chromatography/Mass Spectrom�try, will be run o�+ the sample originally taken. If the second test does not detect the presence of a drug or drugs, the second test shall prevail. When a urine or blood specimen for testing is obtained from an employee by an independent medical facility selected by the City, a sufficient quantity of the specimen shall be obtained for testing by the contract laboratory and a laboratory designated by the Union or the employee. The sample shall be transmitted to the contract laboratory and to the laboratory designated by the Union or employee as soon as possible by � �� the independent medical facility. These tests shall be made as soon as possible by the laboratories, The Union or employee shall bear the cost of its separate test. 5.6 If the results of the tests adrninistered by the employer on the two (2) samptes show that the ernployee, while on duty, was under the influenc� of or drank, smoked, ingested, in}�aled or injected alcoholic beverages, non-prescribed narcotics, marijuana, cocaine, PCP, or non-prescribed arnphetarnines, appropriate discipline may be imposed by the employer after the following procedure has been followed: The employee shall be presented with a copy of the laboratory report before any discipline is imposed. The Union and the ernployee shall then have twenty-four (24) hours to present to the ernployer any different results from the test of the sample conducted by a Iaboratory selected by the Union. After considering the results of the third te5t perforrned for the Union (if presented}, the employer may discipline the employee. 6. Employees who seek vo�untary assistance for alcohol and substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall rernain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Such employees shall be subject to all employer rules, regulations and job performance standards, with the understanding that an employee enrolled in such a prograrn is receiving treatrnent for an illness. Results of urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall only be performed foc alcohol, chemical adulteradon, rnarijuana metabolites, cocaine metabolites, opiates, amphetamines and phencyclidine and the laboratory shall only report on the presence or absence of these substances. 7. Over-the-Counter and Prescripdon Drugs An employee who has been prescribed or issued a drug, for any medical or other condition, which might in any way impair their ability to perform his/her job rnust immediately notify their supervisor. The employer, in consultation with appropriate medical authority, shall determine whether the individual can work while taking the medication. If it is determined that the individual is unable to perform his/her job without impairment caused by the medication, the ernployee will be piaced on sick leave or annual leave until the condition for which such medication is being taken is no longer present, or use of the rnedication causing impairment has been discontinued. However, prior to placing any employee on leave, reasonable accommodation will be made to provide alternative assignments, If an employee is placed on sick leave under this para,graph, such leave sha11 not be considered in placin.� the employee on a doctor's certificate requirement until after two such incidents in a 12-month period. - -47- CiTY OF CLEARWATER Interdepartmenta! Correspondence Sheet � � City Employees Via Distribution B sting FR4M: Betty Deptula, City Manager C�PIES: Kathy Rice, Deputy City Manager, H. Michael Laursen, Human Resources Director, Susan G. Highsmith, Human Resources Manager, Douglas Wlasiuk, CWA President, Pete Fire, FOP # 10 President, Ed Hooper, IAFF President, Jeff Patterson, FOP Supervisors, President SUBJECT: CTTY OF CLEARWATER'S DRUG AND.ALCOHOL POLICIES DATE: November, 1994 As you may recall, in November of 1991 the City of Clearwater established a drug-free workplace Qolicy statement as part of our interest in maintaining a safe and healthy work environment. As a part of our continuing interest in providing a good and safe place to work, the City has established an anti-drug and alcohol abuse policy which becomes effective January 1, 1995. Level 5 offense, numbers 10, 11, 17, 19 through 20 of the •City's Guidelines for Disciplinary Action read as follows: 10. Use, possession, sale or distribution of iliegal drugs or narcotics while on duty. 11. Use, possession, saie or distribution of illegal drugs or narcotics while off duty and in a City vehicle (such as to and from work) or in City uniform. 17. Operating a City vehicle or equipment while under the influence of alcohol or illegal drugs. 19. Reporting for duty or while on duty being under the influence of alcohol or illegal _ drugs (or legal drugs after advisement when such influence impairs operations) o r testing positive for illegal drugs in accordance with a random drug testing required by feder:�l law where operations affect public safety or health. 20. Having possession of and/or consuming alcoholic beverages while on duty. in a City vehicle or in a City work area, including while on standby assignment (except undec- cover police). Currently, all level S offenses call for disciplinary action ranging from a 10 to 20 day suspension to a discharge. Effeciive January 1, 1995 the above Level 5 affenses will result in an automatic discharge. A copy of thIs memo is to be posted an a bulletin board in each departmenE. Deptula/Druq & Alcohol Policy Memo 0 0 - ���.�.�..^..�.+�....-�m . , , _ � . . . , . • � - " ' ' � � � � I ; i ; � � i � , � CITY OF CLE�IRWATER Interdepartmental Correspondence Sheet ...� TO: Kathy S. Rice , (� , FROM: Susan G. Highsm � .•- SUBJECT: Positive Randorn Drug Screenings during 1995 DAT'E: December 26, 1995 During calendar year 1995 there have been five employees that had confirmed positive drug screens. For your convenience, I have identified the disposition of each case: Belt Press Operator/WPC Tested positive for marijuana during a random drug screening. Termination averturned by City Manager's designee. The employee participated in "follow-up testing" as required by the Department of Transportation and was removed from performing "safety-sensitive" functions during his follow-up testing period. The individual has since completed the required "f o I I ow- up tests and has been released by the City's substance abuse provider (SAP) also known as Professional Psychological Services, Maintenance Worker I/Parks & Recreation Tested positive for cocaine during two post accident drug screenings. The individual was terminated. Maintenance Worker II/Parks & Recreation Tested positive for cocaine during a random drug screening. The individual was terminated and appealed the termination. The appeal was denied. Service Worker III/Public Works Tested positive for cocaine during a random drug screening. The individual was terminated and has appealed the termination. The decision is pending. Mechanic Fabricator/General Services Tested positive for marijuana during a random drug screening. The individual requested a split sample of the specimen. The results were also positive. He resigned after receiving the results, Individuals who test positive for drugs and/or alcohol must be removed from performing all "safety sensitive" functions as in�icated by the Department of Transportation. The employer may not retrieve or rescind a comm�ercial drivers license from an individual who fails a screening. � If you have any further inquiries, do not hesitate to contact me. J. q•��..,r . . . . . . � ' " { CITY �F CLEARWATER Interdepartmentai Correspondence Sheet -., : TO: Kathy S. Rice ,-' FRO M: Susan G. Highsmith � � �. SUBJECT: Solid Waste Random Drug Testing DATE: December 26, 1995 DRUG TESTING The following fs a list of all Solid Waste employees that have been drug tested from February through December 1995: Feb� Two empioyees tested, both negative. March Two employees tested, both negative. ,�„R r i i One employee tested. Resutt was negative. .M.�X Three employee's tested, all resutts were negative. June One employee tested, result was negative �L�IX None were tested. A�� None were tested. 0 Se ten rnber � Tw�o employee's were tested, results were negative (_o v�R� � ,-, � � October � One employee tested, fesult was negative. � 1 November and December � Six employee's tested, resufts were negative. � The folfowing is a list of Solid Waste employees whose names were selected for drug testing but i were absent from work on the day of the test so were not tested. ' � Fgbruarv ; � One employee i � M�.C�h + none � � ; , � i 1 none i � � M�1C � � One empioyee � ; �une ; none ' �dlX Two employee's �u,gust none Seotember none OctQber none November � none Qecember ; none ALCOHOL TESTING The following is a list of Solid Waste employees who were alcohol tested from February through December 1995: . Febrtd�}C � none � _ , � f } � 9 $ t 2 7 i 3 i • �! � [�Z��1• : �. -���- �_ �.. e i; ` � � ,��;..�ot,t a'ktr;' . . i�,°;.'f ., . . .. . . . . . � . � . : . � ± arch One employee tested , result was negative, L'�Rl.i! Two employee's tested, result was negative, • 1�[ � One employee tested, resuit was negative. �3dII� One employee tested, result was negative. �!X None tested. Au� None tested. Se�te�,ber None Tested � Octob�r Two ernployee's tested, both resufts were negative. NovemberlDecem er Two ernployee's tested, both resutts were negative. The foltowing is a list of Solid Waste employees whose narnes were selected for alcohol testing but were absent from work on the day of the test so were not tested. Feb� none M�h none E�.F [il none M�X One employee selected �� Two empioyee's selected �lsd1X ' One ernployee seiected �� t�orte V�ER) Y _ i:f B TO: �ROM: SUBJECT: DATE: CITY OF CLEAR\IVATER Interdepartme�tal Correspondence Kathy S. Rice Susan G. Highsmit d � RSPa/CDL Random Drug Testing Statistics December 26, 1995 RSPA Random Drug Te_ sting Sheet There are 56 employees Gas employees in the RSPA Random Drug Testing pool. Since January 1993, a total of 75 Gas employees have been randomly drug tested and 5 employees have tested positive for either marijuana or cocaine. 3 of the 5 employees tested positive during the period of 1993 through 1994. Of the 3, one has not tested positive again and is still employed and the other 2 tested positive for the second time and were terminated. 2 employees tested positive in 1995 and were imrnediately terminated. CDL Random Druq Testing There are 335 employees performing safety sensitive functions in the CDL Random Drug/Alcohol pool. Since February 1995 through December 1995, a total of 180 employees in safety sensitive positions have been randomly tested for drugs and 5 ernployees have tested positive for either marijuana or cocaine. Four employees were terrninated and one was reinstated; one employee quit. �DL Random Alcohol Testing Since February 1995 through December 1995, a total of 86 empfoyees have been randomly tested for alcohol. None have tested positive as of this date. � ■ � .. , ,� , ,. . , . . ,r , _ _ �. . , , , � ,.. . .�,,�.� ,..�,. , � ' _ . .. _. . . . . .. . .. . _ . . . ,.- ,, r . , . �. . : �. .....�_.... ... � . �. . .. ., . , . . '` " ` , . �