06/06/1996
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Agenda: 6-6-96
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City Commission
Meeting
6-6-96
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 6, 1996 - 6:00 P.M. - Chambers
1 . Invocation 1. Rev. Otis Green, Everybody's Tabernacle.
2. Pledge of Allegiance 2. Mayor.
3. Service Awards 3. None.
4. Introductions and Awards 4. Proclamation:
Toastmaster Day - 6/6/96
5. Presentatio ns: 5. a) Reported on legislative issues. Made
a) Senator Latvala suggestions re location of reclaimed water
tanks at Marshall Street WPC Plant.
b) NAHAS - Annual Report b) Report received.
c} Bruce Kaufmann - Clearwater Bombers. c) Funding request agendaed for 6/20/96
request reapproval of 10/1 matching grant
money Plaque presented by Stetson University
College of Law for City's continuing support
of the University's Government Law Clinic.
American Gas Cooling Center Rising Star
Award presented for Gas System's sales of
gas air conditioning systems.
6. Approval of Minutes - Regular Meeting 6. Approved 6/3/96 as submitted, 5/16/96 as
5/16/96 & Special Meeting 6/3196 corrected by City Clerk.
(attorney/client)
7. Citizens to be heard re items not on the Agenda
Anne Garris announced Kid's Week - 6/10-14/96
Shirley Moran expressed appreciation for C-View schedule being available at information booth at City
Hall.
Lucius Pitts. Mohammed Abdur-Rahim. Deborah Turner. Lois Lowery. Cherry Harris & Columbus
Bridges spoke in opposition to the reclaimed water tank proposed at Marshall Street WPC Plant.
Requested more attention be given to the desires of the North Greenwood community.
Dennis Henegar requested redevelopment efforts include the area east of Myrtle Avenue which also
pays the DDB tax.
Shelia Cole requested the pool on Clearwater beach be replaced as promised.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ords. #6036-
96 & #6037-96 - Annexation & RS-8 Zoning
for property located at 2275 Manor Blvd. N.,
Clearwater Manor, Lot 85 (McClure, A96-20)
8. Approved. Ords. #6036-96 & #6037-96
passed 1 st reading.
6/6/96
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9. Public Hearing & First Reading Ords. #6040-
96 & #6041-96 - Annexation & RS-8 Zoning
for property located at 2192 Dell Ave., Pine
Dell Sub., Lot 2 (Cruz, A96-18)
10. Public Hearing & First Reading Ords. #6042-
96 & #6043-96 - Annexation & RS-8 Zoning
for property located at 1517 W. Virginia
Lane, Virginia Groves Estates 1 st Addition,
Blk 10, Lot 2 (Wyllie, Jr. 1 Knox-Bronson,
A96-17)
11. (Cont. from 5/16/96) Public Hearing & First
Reading Ord. #6046-96 - Granting to GTE
Media Ventures Inc. the permission to occupy
municipal streets and rights-of-way in the
City of Clearwater as a means of providing
cable television services; prescribing the
terms and conditions accompanying the grant
of franchise; and prescribing penalties for the
violation of its provisions; providing for
severability of provisions
12. (Cont. from 3/2', 4/18 & 5/2/96) Public
Hearing & First Reading Ords. #5989-96 &
#5990-96 - land Use Plan Amendment to
Commercial General & CG Zoning for
property located at 401 S. Belcher Rd., Sec.
18-29-16, M&B 23.11 (Gerry Staring /
Natalie Moyles, Trustee, LUP96-01, Z96-02)
13. Second Reading Ord. #6029-96 - RPD-16
Zoning for property located approx. 700'
North of Gulf to Bay Blvd. & 350' East of
Cambridge Dr., Storz Ophthalmic, Inc., Park
Place DRI, Lot 2 (less portion zoned
Preservation) & Lot 3; approve Final Site Plan
for the Grand Reserve subject to conditions
(Storz Ophthalmics, Inc., Z96-03)
14. Public Hearing & First Reading Ords. #6032-
96 & #6033-96 - Land Use Plan Amendment
to Institutional & PISP Zoning for property
located approx. 330' east of Greenwood
Ave., Georgas Sub., Lots 5-10, Sec. 22-29-
15, M&B 21.05 (School Board of Pinellas
County I Fusco Management Corp. I Property
Capital Trust, LUP96-03, Z96-05)
15. Public Hearing & First Reading Ords. #6034-
96 & #6035-96 - Land Use Plan Amendment
to Institutional & P/SP Zoning for property
located at 1142 Lakeview Dr., Sec. 22-29-
6/6/96
9. Approved. Ords. #6040-96 & #6041-96
passed 1 st reading.
10. Approved. Ords. #6042-96 & #6043-96
passed 1 st reading.
11. Approved. Ord. #6046-96 passed 1 st
reading.
12. Approved. Ords. #5989-96 & #5990-96
passed 1 st reading.
13. Ord. #6029-96 adopted. Final Site Plan
approved subject to conditions.
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14. Approved. Ords. #6032-96 & #6033-96
passed 1 st reading.
15. Approved. Ords. #6034-96 & #6035-96
passed 1 st reading.
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15, M&B 21.10 (School Board of Pinellas
County / Pinellas Board of Public Institution,
LUP96-02, Z96-04)
16. Public Hearing & First Reading: Ord. #5962-
96 - LDCA amending Div. 26 of Ch. 40, to
provide for revised development standards in
the Urban Center District & Ord. #5964-96 -
Zoning Amendments for Downtown Urban
Core districts (LDCA95-20, Z96-01)
17. Variance(s) to Sign Regulations for property
located at 1295 S. Missouri Ave., F.E.
Hanousek's Sub., part of Lots 11 & 12
(Albertson's Inc., SV96-09)
16. Continued to 6/20/96.
17. Approved variance of 1 wall sign to allow 4
wall signs.
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Public Hearing - Second Reading Ordinances
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18. Ord. #6013-96 - amending Sec. 35.11, to 18. Ord. #6013-96 adopted.
revise definition for variance (LDCA96-04)
19. Ord. #6023-96 - approving new gas utility 19. Ord. #6023-96 adopted.
rates to become effective for all billings
rendered on or after 10/1/96, and
incorporating subsequent changes to become
effective for billings rendered on or after
10/1/97
20. Ord. #6024-96 - Annexation for property 20. Ord. #6024-96 adopted.
located at 1500 Stevenson Dr., Stevenson's
Heights Sub., Blk A, Lot 27 (Baker &
Williamson Enterprises, Inc., A96-15)
21. Ord. #6025-96 - CG Zoning for property 21. Ord. #6025-96 adopted.
located at 1500 Stevenson Dr., Stevenson's
Heights Sub., Blk A, Lot 27 (Baker &
Williamson Enterprises, Inc., A96-151
22. Ord. #6026-96 - Annexation for property 22. Ord. #6026-96 adopted.
located at 2730 Curlew Rd., Sec. 17-28-16,
M&B 31.03 (Burke, Trustee, A96-16)
23. Ord. #6027-96 - RM-8 Zoning for property 23. Ord. #6027-96 adopted.
located at 2730 Curlew Rd., Sec. 17-28-16,
M&B 31.03 (Burke, Trustee, A96-16)
24. Ord. #6030-96 - providing authority to issue 24. Ord. #6030-96 adopted.
bonds to refund the outstanding Gas System
Revenue Bonds, Series 1991
25. Ord. #6031-96 - Amending Sec. 2.323 to 25. Ord. #6031-96 adopted.
change composition of Parks and Recreation
Board from 9 to 7 members
26. Ord. #6047-96 - Amending Sec. 2.700 re 26. Ord. #6047-96 adopted.
lobbyist ordinance to delete department
directors from definition of staff
6/6/96
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-42) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
27. Approve request for authority to settle liability claim of Spottis Woode Homeowners Association,
Inc., for damages to a brick wall that was damaged when struck by a City solid waste vehicle, for
$27,859 (FN)
28. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, in order to secure a
natural gas easement across CSXT's r-o-w in Safety Harbor, FL, for $1,225 (GAS)
29. Seventh Amendment to Clearwater Ferry Service, Inc. License & Agreement to amend the
minimum routing schedule to have operation of ferry service on an as-need and on-call basis (MR)
30. Purchase of city-wide di.ctation system from Dictaphone Corp., for $33,158.30; authorize transfer
of $33,158.30 from Police Department Debt Services Code to Police Department Capital
Machinery and Equipment Code (PD)
31. Contract Renewal with Martin's Uniforms, Tampa, FL, for purchase of Police Dept. uniforms &
related equipment, for the period 7/18/96-7/17/97, at an amount not to exceed $85,000 (PO)
32. Contract amendment with PSI International, Inc., Fairfax, V A, for purchase of 66 additional Fujitsu
laptop personal computers & related components for $297,726; and Contract to Dell Computer
Corporation for 30 Dell desktop personal computers & related components, for $75,111, plus
annual maintenance of $31,848 to begin 1 year following acceptance, for a total of $404,685
(PO)
33. Contract for private street sweeping services to Sweeping Corporation of America, Nashville, TN,
for the period 10/1/96-9/30/99, subject to annual fund availability, for a total of $383,940 (PW)
34. Second Amendment to Lease Agreement dated 12/2/94 with the Times Publishing Company,
amending lease premises to include additional lands in Blk B, Magnolia Park Sub., requiring
protective fencing for a storage building, but no additional monthly rent; and extending lease term
3 months through 3/31/97, with all other lease provisions unchanged (EN)
35. C.O.#3 to 1996 Underdrain Contract to Keystone Excavators, lnc" Oldsmar, FL, re Chestnut
Street & Garden Avenue Storm Improvements, increasing the amount by $138,975.09 for a new
total of $759,625.97 and extending the contract time by 40 days (EN)
36. Approve ranking & award contract for consultant services to Tampa Bay Engineering, Inc.,
Clearwater, FL, for design of watershed rehabilitation project at Hercules Avenue & Allen's Creek,
for $200,000 (EN)
37. Receipt/Referral - LDCA relating to density and the requirements for calculations resulting in a
fraction (LDCA96-14) (CP)
38. Receipt/Referral - LDCA allowing car rental uses as a conditional use in the Beach Commercial &
Resort Commercial 28 Districts; identifying standards for approval of car rental uses in those
zones, specifying that conditional use applications for outdoor displays must be compatible in
scale & appearance with surrounding uses to be approved, and deleting requirement for a
minimum lot size of 30,000 sq. ft. for outdoor retail sales, displays and/or storage uses in Infill
Commerical Districts (LDCA96-13) (CP)
6/6/96
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39. Sanitary sewer lien agreement - 2275 N. Manor Blvd., Clearwater Manor Sub., Lot 85 (McClure)
(CA)
40. Drainage installation and maintenance easement - 14 S. Arcturas Ave., Skycrest Sub., Unit 6, Blk
A, Lot 4 (Wesley and Louise Pope) (CA)
41. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Ad.,
tract of land lying in Sec. 21-28-16 (McCullough Development Corporation) (CA)
42. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Ad.,
tract of land lying in Sec. 21-28-1 6 (James & Marlene McCullough) (CA)
OTHER ITEMS ON CITY MANAGER REPORT
43. Res. #96-29 - releasing liens on Sand Key
properties that have prepaid the Power Line
Burial Special Assessment in full, at a cost
not to exceed $2,500 (FN)
44. Res. #96-44 - providing for public sale of not
to exceed $9,750,000 Gas System Revenue
Bonds, Series 1996A and $8,500,000 Gas
System Revenue Refunding Bonds, Series
1996B(FN)
45. First Reading Ord. #6048-96 - relating to sale
of petroleum products; amending Sec.
33.031 to identify locations for sale of
petroleum products at Clearwater Marina;
allowing only fully qualified vendor, approved
by City Manager and under an annual fuel
contract with the City, to provide petroleum
products sold at Clearwater Marina (MR)
46. (Cont. from 5/16/96) Hire 2 full-time police
service technicians to provide guard service
for the Main Library & surrounding Coachman
Park area for 70 hours per week, to be
effective 8/15/96, when contract with
National Building Maintenance, Inc. expires
(LIB)
47. Completion of Harvorview Center: approve
$498,000 expenditure needed for completion
of redefined center, and consider itemized list
of possible betterments which, if approved in
its entirety, will require an additional
authorization of $266,500; approve interfund
loan of $498,000 (or $ 764, 500 with
betterments) from Central Insurance Fund,
bearing interest at cash pool rate, to be
repaid from Penny for Pinellas collections in
FY 1999 (CM)
48. Beautification Committee - 2 appointments
6/6/96
43. Approved. Res. #96-29 adopted.
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44. Approved. Ress. #96-44 adopted.
45. Approved. Ord. #6048-96 passed 1 st
reading.
46. Approved.
47. Continued to special meeting on 6/14/96 at
9:00 a.m.
48. Appointed Nancy Aft & Robert Sudalnik.
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(ClK)
49. Community Relations Board - 1 appointment
(ClK)
50. Other Pending Matters
49. Appointed Johnny Long.
50. None.
CITY ATTORNEY REPORTS
51. Resolutions
a) Res. #96-41 - Assessing property owners
the costs of having mowed or cleared
owners' lots
b) Res. #96-43 - Demolition Lien - 705
Pennsylvania Ave., Pine Crest Sub., Blk 7,
Lot 9 (Obadiah and Lillie Mae James)
c) Res. #96-46 - Approving in concept a plan
to lend $900,000 to the CRA to facilitate
the development of a Winn-Dixie Store in a
downtown Clearwater location to be
owned by Clearwater Neighborhood
Housing Services
52. Other City Attorney Items
51. Resolutions
a) Res. #96-41 adopted.
b) Res. #96-43 adopted.
c) Res. #96-46 adopted.
52. None.
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53. City Manager Verbal Reports
a) Change of Date for Del Oro Park Ribbon Cutting - Date will be rescheduled once park is
officially named.
b) Florida League of Cities - attendees 7. - City Manager requested those planning to attend the
8/8-10/96 FLC conference notify staff.
c) Legislative Issues - Direction to send thank you to Governor for veto of property appraiser bill;
letters to Federal legislators opposing selling of spectrum radio frequencies and cutting of Block
Grant funding.
54. Other Commission Action
Johnson questioned status of North Greenwood Community Task Team. Deputy City Manager
reported meeting on 6/12/96 with current members; additional names will be brought forward
after the meeting.
He questioned Clearwater Festivals request for additional funding. City Manager stated that will
come forward at next meeting.
He congratulated Commissioner Seel on nice article.
Hooper expressed concern re only 3 members of the Development Code Adjustment Board
(DCAB) attending the last DCAB meeting.
He expressed appreciation for the Safety Luncheon and acknowledged the many employees
recognized for their excellent safety records.
Clark said he will be unable to attend the FLC conference.
He welcomed the City Attorney as a new Clearwater resident.
Garvey announced Marlo Boulevard meeting to be held 6/19/96.
55. Adjournment - 10:23 p.m.
6/6/96
6
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Clerk@
SUBJECT: Follow up from June 3, 1996 Work Session
COPIES:
Elizabeth Deptula, City Manager
DATE:
June 4, 1996
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In response to questions raised at the June 3, 1996, Work Session the following answers
are provided in final agenda order.
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Item #5c - Clearwater Bombers - Please see attached memorandum from Ream Wilson
providing financial information regarding the Tampa Bay Smokers.
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Item #11 - GTE Franchise - the changes to the agreement are included in your packet with
the agenda item. Please note that the page numbers do not match exactly with the page numbers
in the agenda item. Regarding the City's ability to install additional outlets for the cable wiring
provided by Time Warner, the City can do any additional wiring in City buildings it cares to do as
long as it coordinates with Time Warner to assure the signal is strong enough. If Time Warner
does additional wiring the City would be billed for Time Warner's cost.
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Item #12 - Rezoning of mobile home park - No additional letters have been received.
Item #20 - Safety Harbor CSXT Crossing for National Linen - The payback for this work
order is 1.25 years. This takes into account only the load additions to date. the load additions
they project over the next two years may add another $1-200,000 therms annually. this would cut
the payback to half of the 1.25 years.
Item #34 - Times Publishing Lease/Parking spaces - attached is a better map of the location
of the proposed parking spaces.
Item #36 - Watershed Rehab, Allen's Creek - Attached is a color coded map indicating the
different ownerships of the property.
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Item #5lc - Intent resolution re Down Town Winn-Dixie - the resolution and the CRA
Special Meeting Agenda will be forwarded to you tomorrow. The information regarding the tax
increment is attached.
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Item #47 - Harborview Center - please see attached memorandum from Bill Baker
regarding the time frame in which Pickles Plus is to start operations.
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C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
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TO:
Mayor Garvey
FROM:
Sally Thomas, Agenda Clerk
SUBJECT:
Invocation
COPIES:
Cynthia Goudeau, City Clerk
DATE:
June 6, 1996
Tonight's invocation will be offered by Reverend Otis Green, Everybody's
Tabernacle, 1120 N. Betty Lane, 34615
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TO: Mayor Rita Garvey
FROM: Betty J. Blunt, Confidential Clerk Receptionist
COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau
SUBJECT: Presentation at the June 6, 1996 City Commission meeting
DATE: June 6, 1996
The following presentation will be made at the June 6, 1996 City Commission meeting.
PRESENTATIQNS
GARY VAUSE, ASSOCIATE DEAN, STETSON UNIVERSITY COLLEGE OF LAW
will present a plaque for the continuing support the City of Clearwater has provided to
Stetson University College of Law Civil Government Law Clinic.
AMERICAN GAS COOLING CENTER RISING STAR A WARD - Chuck Warrington,
City of Clearwater Gas System
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TOASTMASTER DAY - ROBERT DAVID THOMPSON
06/04/1996 13:43
8134626528
CLW PARI<S AND REC
PAGE 02
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From: Ream Wilson, Director, Parks and Recreation Departm
To: Cynthia Goudeau. City Clerk
Dltl: June 4, 1996
RE: TamP8 Bay Smokers
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In responte to . question asked at tne City Commiuion work session thl. pelt Mondav,
pI.a" be .dvited that we entered into . CO-IponSOled arrangement with the Tempe Bey
Smoker, 88rllef tN. yelr to accommodate their home schedule at the Eddie C. Moore
Complex. AI. co-sponsored group, the Smoker. utilize the facility lit no cherge. including
s.t-up and utilities. The Smokers' use consists of nine dates at the Complex, s.ven of which
haVI been plaved. Additionally, the Smokers requested to have a groundskeeper on duty at
tach of thair games, and we entered into 8 · Recreation Facility Use Agreement- to Itemize
thl. coat al\d bill them for this service.
The Tampa Bay Smoker. ia one of two men's fast-pitCh softball t.ams op.ratlng out of
Cleerweter. Ae you ar. awere, the other is the CI8arwatar Bombers. Regarding funding, the
Tampa Bav Smokers af. totally self-sufficient with all operational monies being secured from
corpor.te IPon8orshipa and the private sector.
Plea.. contact me if you heve any questions or desire further information.
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'AIUCI\IDOWNI\IMr\QOUOUU
COPIES TO.
COMMISSION
MAY 3 1 1996
PRtSS
CU:AK I ATTORN,. Y
To:
Elizabeth M. Deptula, City Manager
From:
Ream Wilson, Director, Parks and Recreation Department
Date:
May 30, 1996
RE:
Clearwater Bombers
Attached is a letter dated April 25, 1996, from Mr. Bruce Kaufmann, Chairman of the
Board of the Clearwater Bombers, Inc. This letter pertains to the grant program that was
in effect last year whereby the City contributed one dollar to the Bombers for every ten
dollars the Bombers raised from the private sector. Mr. Kaufmann lists contributions of
$24,069 and requests the City's match of $2,407. In response, I informed Mr. Kaufmann
that the grant program was approved by the City Commission on May 18, 1995, and that
it was specifically for the fiscal year of 1994/95. This being the case, I advised him that
we have no authorization to consider donations or to convey dollars from our 1995/96
fiscal year budget. (Letter attached)
I'm advised that Mr. Kaufmann will be attending the City Commission meeting of
Thursday, June 6, 1996, to request additional funding for the Bombers. Regarding this
subject, the following chronology of City actions and contributions is provided for your
review and consideration.
The following information between February 19, 1 981 and April 1 5, 1 991 was gathered
from previous correspondence:
February 19, 1981 - The City Commission approved a Bomber request for free use of Jack
Russell Stadium. Prior to this time, the Bombers paid the City eleven cents for each
adult ticket and five cents for each child ticket as rent.
February 1 6, 1984 - The City Commission approved an amendment to the Clearwater
Bomber lease to give the Bombers 8 $10,000 subsidy. This same subsidy had been
given to the Bombers for many years previously, but no legal instrument had been
formulated.
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October 18, 1984 - The City Commission approved an agreement leasing Jack Russell
Stadium to the Philadelphia Phil/ies. This action led to the Clearwater Bombers
being relocated to a new Bomber Stadium to be constructed at Carpenter Field.
April, 1985 . A check in the amount of $30,000 was conveyed by the City to the Bombers
as a one-time final subsidy. This included the normal $10,000 subsidy plus an
additional $20,000 to compensate the Bombers for loss of revenue they might have
experienced in moving away from Jack Russell Stadium. This additional subsidy
was approved by the Commission on the same date they leased the stadium to the
Phillies and it was the final payment of annual subsidies to the Bombers.
oVer
Elizabeth M. Deptula
May 30, 1996
Page 2
May, 1985 - New Clearwater Bomber Stadium at Carpenter Field was completed within a
capital improvement budget of $219,580.
May 6, 1985 - A new agreement was negotiated between the City and the Bombers for
the Bombers use of the new stadium. Basically, the City pays all operating and
maintenance costs and the Bombers have free use of the stadium and full revenue
rights.
June 12, 1985 - A letter of agreement was signed whereby the Bombers agreed to pay the
City $10,325 over a five-year period at $2,065 a year for the concession stand
portion of the new press box/restroom building which had a total construction cost
of $73,943.
April 17, 1986 - City Commission denied request from the Bombers for advertising signs to
be placed on the outfield fence of Bomber Stadium.
July 17, 1986 - As an alternative to advertising signs on the outfield fence, the City
Commission approved information boards to be placed at the stadium as requested
by the Bombers. Initially, this would consist of approximately 15 panels and each
would be sold to an advertiser for $ 500.
April 16, 1987 - The City Commission approved a Bomber request to refund two
concession room payments of $4,130 and to forgive the remaining loan balance of
$6,195. This action was in lieu of approving a Bomber request of April 2, 1987, to
sell beer at Bomber Stadium.
June, 1989 - City conveyed check of $10,000.
December 4, 1989 - The City Commission, at a work session, expressed no problems with
the Bombers' request to place advertising signs at Bomber Stadium. This serves as
a revenue source for the Bombers.
December 21, 1989 - The City Commission approved a $10,000 contribution to the
Bombers and a maximum of an additional $10,000 for softball clinics. A condition
was that students at the clinics would pay fees and City money would be used only
for those youngsters who couldn't afford the payments. The Bombers requested
only $600 from this program.
April 15, 1991 - City Commission approved giving Bombers $9,400 representing the
.unspent. balance from $10,000 that was reserved for clinics.
Note: Records of contributions are not available between the dates of April 15, 1991 and
October 27, 1993. However, during the fiscal year of 1991/92, a contribution of
$10,000 was budgeted. During the fiscal year of 1992/93, $10,000 was budgeted
and grants of $4,789.67 were conveyed.
October 27, 1993 - Grant contribution of $1,022.1 7 as part of 10: 1 matching grant
program.
May 25, 1994 - City conveyed check of $10,000.
July 7, 1994 - Grant contribution of $3,620.
September 28, 1994 - Grant contribution of $2,686.
November 1, 1994 - City conveyed check in the amount of $10,000.
. May 24, 1995 - Grant contribution of $3,397.40.
Elizabeth M. Deptula
May 30, 1996
Page 3
June 7, 1995 . Grant contribution of $2,545.80.
September 13,1995. Grant contribution of $3,917,36.
October 6, 1995 - City conveyed check in the amount of $10,000 to Bombers.
As you are aware, the Clearwater Bombers have been in operation for many years. They
began play at Jack Russell Stadium in 1955 and, prior to that date, used other City
facilities. The current agreement with the Bombers was entered into on March 12, 1993
and has 8 five-year term through March 12, 1998.
In addition to the dollar contributions listed above, the City also contributes considerable
in-kind services. Specifically, the Bombers have free use of Bomber Stadium and the Parks
and Recreation Department provides for all utilities and maintenance activities. The
Bombers have all revenue rights.
Regarding the Bombers current request for additional funding, I regret to recommend that
the request be denied. Our reasons are several and include the following:
1. Budgets are tight and departments are continually asked to reduce budgets to the
greatest extent possible.
2. The City has subsidized the Bombers generously over the years and it has always been
the Bombers hope to become .self-sustaining-. My feeling is that this time has come
and that the City's contribution should be limited to the in-kind services of providing the
stadium. maintenance and utilities.
3. The City has hundreds of softball teams participating in its programs. All of these
teams contribute in one manner or another to help defray costs. For example, teams
participating twice a week in this summer's program paid entry fees of $495 each plus
non-resident fees. Co-sponsored youth groups such as Little League pay no entry fees,
but they do pay $10 for each non-resident participating in their program.
Again, I regret making the recommendation to deny the request for additional funding but
feel it to be in the best interost of the City- Also, in consideration of fees charged to other
City softball programs, I feel it is 8 fair action.
Please contact me if you have any questions or desire further information.
RMIbd
Attachment
PARKS\BOOWNS\Rw\BOMBERS
6~tr
.. ..'. . ,,--;-- -------..-- -.--_.'. - -' -'" . .
, -
TEN T1ME NA710NAL CHAMPION FAST P"CH SOFTBALL
The Clearwater
-
April 25 , 1996
City of Clearwater
% Ream Wilson
Parks & Recreation Department
Clearwater, Florida 34617
Re: Matching Grant Money Request
Dear Mr. Wilson
.
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I hereby certify to the best of my knowledge and belief that the following is a list of
private and corporate sponsorship contributions for the Clearwater Bombers from
September 1, 1995 to March 31, 1996.
Bradfordts $
Rose & Crown
Paul's Radiator
Business & F amity Ins.
GW Auto
Play It Again Sports
Joe Knows Autos '
Spy Glass Motel
Bardmoor Chiropractic Center
Sunshine Motel
49th St. Pawn
Bill Koenig
Tip Top Pools
Aegean
Mahoney's Auto
Energy Conservation of Dunedin
International House of Pancakes
Mark Lee Roofing
Bay Planning
.
220.00
75.00
340.00
75.00
75.00
75.00
50.00
160.00
300.00
50.00
50.00
100.00
20.00
400.00
100.00
75.00
750,00
125.00
95.00
The World's Favorite Fostpitch Softball Club
BOMBER HOTLINE 1..800-775-3447 . LOCAL 813-541-3447 · FAX 813-545-1944
f)/lIth/t.hl'lIc!Cf'\: Fr/tlt", J.': SUII/rt/m" .Vig;" . ,-\("'t/through Alt&:IHt (j'IIIWflllll': 7':/J(}/11ll
Somes Halo;' r 3omoer St~dium . Old Coocnman Road (North of Drew St,) C:earwater
.,.. .. - - - ~---......, ,,- --- - -- .'~ . .
i~~" ,
..
Robert Hall $
Gallery of Travel
Trails De'Antiques
Trico Electric
Quality Mowers
AAA Services
Data Retrieval
Renewal Remodelers
California Eatery
The Highlands
Gem Stones Systems
In Touch
Dean Co.
Carson's Florist
Genie Of Clearwater
Dr. Levine
Foot & Spine Center
Art Works
Ships & Trips
Frenchy's
Congo River Gulf
BW-3's
Herb Peterson
Add-a-Cube
Byron Seabrook
Clearwater Breakfast Sertoma Club
Petland
Tom Brown
K. L. Kaufmann
Kaufmann Law Office
Calvary Baptist Church
Al Estes
Trickles
TOTAL $
60.00
4,000.00
75.00
60.00
75.00
75.00
197.00
100.00
125.00
75.00
75.00
75.00
125.00
75.00
195.00
75.00
225.00
100.00
125.00
125.00
125.00
1,000.00
125.00
125.00
100.00
500.00
125.00
422.00
4,000.00
7,500.00
125.00
500.00
250.00
24,069.00
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I hereby request the City of Clearwater to provide $2,407.00 from the 10 to 1
matChing grant moneys.
ruce G. Kaufmann .0.
Chairman of the B rd
Clearwater Bombers, Inc.
State of Florida
County of Pinellas
Sworn to and subscribed before me this 25th day of April, 1996 by Bruce G.
Kaufmann, J.D., who is known to me.
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C I T Y
OF
CLEARWATER
POST OFFICE BOX <4748
CLEARWATER. FLORIDA 34618-4148
Office of Parks and Recreation
(813) 462-6531
April 30, 1996
Mr. Bruce Kaufmann, J.D.
11151 66th Street No.
Largo, FL 34621
Dear Mr. Kaufmann:
I am writing in l'esponse to your letter of AP1'il 25, 1996, wherein you
requested $2,407 fl'om the City representing the 10:1 matching grant
program which was entered into last year.
As you may recall, the request for the grant pl'ogram went before the City
Commission on May 18, 1995, and the program was approved specifically
during fiscal year 1994/95. This being the case, we have ,no authorization to
consider donations or to convey dollal's from our 1995/96 fiscal year budget.
A copy of the agenda item is enclosed for your review and please contact me
at 462-6531 in the event you have any questions.
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Director
Enclosure
RW/mg
H:\DA T A \ WPFI LES\~' COH EBt\\R\ \'I..ETTF.H\!,AU FMANN,do('
G>
oJ 1(.(
-Equal Employment and Affirmative Action Employer"
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-=-
,
CLI1An \V A'I'Elt ct'..V COMl\tlSSION
Agel1dn to\'~t M~tHUtsU1t.1Uttt
h.m ~
~..I~ Dill.: 05/19/95
tUbJBC~1 C~E~W^TER BOMBERS G~HT
~ECOMHEND~TION/MOT10Nt 1\PPROVE A G~NT ~noGRhM W"En~BY TUg Cl~Y WtLL
CONTRIBUTE $1 TO Tilt cL~^RW1\TER t3oHt3EnS toR tv~ny $10 IN CASU O~ tN SliECIFtc
IN-1<INO SE~vtCES TilE BOMDEns RECEIVE J\S OoNAT1:oHS tRaM TilE t'~IVA'rE SECTOR utt
TO ^ kAXIMuM CITY coNTnlBUTION OF $10,000 buntNG rlSc~L YEAn 199~/9~.
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~ ,nd th.t the approprl.tt o"'cl.l. be luthorllfd to t~fcutt .Dm4.
~ACXGROU~DI Over the past several years, the city has made ahhuai
cont:.rl~ut:iol1g of $10,000 in cnsh to the clearwater Bornbers. J\ddit:lona11y, fat
the past: t:wo yeats, the cl \:y htH1 of Cered tl "gt"ant l>togram" whereby t:he city
dont:.ributed $1 to the nombers for every' $10 ~he Bombers ~aised a~
contrlbutiohs from ~he private eec~or. hccord1h9 to Oepar~men~ record~, ~he
~i~y gave grants of $4,789.67 1n 1993 and $6,j06 in 1994. Uhder ~his ~roqram,
t:;he city's annual ma\:chlnq contrlbut:.lon wns no\::. to e)(ceed $10,000. \I
t. .
I.
In a letter (attached) .dnted ^prll 10, 1995, ~t". nrtlce Kauf~~n~, Chairman of
the clearwater Bombe~s, oU\:11heM In-kJnd and cn~h dona~lons of $74,914 and
requests a check from the city in the amount of $1,497.~O. Mr. Kaufmann
informed staff that the dOhat1dns from the nescon Leader nee ($26,000 worth of
ridvertislhg) ahd from th~ Empresa cruise Lines ($15,000 worth of tickets) are
ih-klnd contributions \.Ihite the temainder are cash: Hr. Kaufmann requestr#
that the city's matchihg grant relate to t:he "lh-kind" ad well ~s \:.0 the
"cash" contributions.
staff concurs that t:his qriln~ J1rogt:'nm should relat:e to cash cont:rlbut:lons
received by t:he. Bombers, but Ohly to in-kind contributions l!tt!!f1~~~;, dr'
"edhehtiai \J~"ftlif1'J'l\~tH~ft'PUIry;~nI'V HHU' n~ tftd tar ill 11 J1~o~o:-ftrtu i~~u~"ur.'tU5ni\!itt.~ ~ .\&-tAII
ci<<lrwci h4:ii:~mber.lj.tcthd."h'" \:l1e- bt1fnb@t-I'nedt!. 'shd ',~oU ld 'ifjlt:hat'wlltH~ ,..bi ,'wi! ti1'i~ \ lIiUl'
awttlrp~'lno,'p\lr8lt!fttilFf~\1\ccorcllt1g1y, although certain y ol \:a~uA, Ut:li~t Wou111
no€'include the $26,000 wor~h of adver~lslnq from ~he aeacon Leader bee or ~he
$15,000 value 1:"epresetit:lng \:lcke\:g received from the Empress cruise Llh.es. !f
dbducted from Mr. Raufmann'g curreht requeg~, t:he revised ~ot:al coht:ribu~!ohd
~buld amount ~o $33,974 re~uirlh~ b cUtren~ cit:y mat:ch of $3,191.~b. As ih
p~st:. yents, s'=.aff's recommehdat:lon 1s t:hat:..l:he city continue \:0 Match up to ~
maximum of $10,000 durlhg t:he cUtreht: riscal year.
Funding for this rnat:chln<;J grant: l'togram wIll co'me from "uhat:>Ptot:>riated
retained earnlhgs" with an adjustment: to be ~ade at the mid-year budge~.
leo.'
nudget
rUfchulno
"',k Mgmt.
ciS
AcM
Other
N/1\
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}fit).
NiA
N/.A
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o,rgrnntlnd On",,: \ V', I Co.": $3,391.40
l~lj ,6.~
l'a t'kd , nl'!cren\ 101 H:ud""". Annll" I COlft: nf
,~~ $10,000
U'Of tJo,,": . tUII."I H
r n r k 8 t n... crt ft.\.: ...11 S
..l runono ouret:
Advcutllod: \ I _ C""f. "flp.
bnt..: _ O,.,."",lno
f'nf'ler: ~ 0'"''
Commluron ActIon:
_ ^tJ~rovlld
_ ^t1~'nVlld w/condltlon.
_ Oll"lorf
<::0"""",,<1 to :
novlowod by:
5ubmlllod by:
Atlechmont,:
1. Let:.t:er tram "r.
Kaufmann
BrucG
rl'V Mnn"(1'"
X Not uqullllC:l
A"Gctlld J:lIuUU
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^l'Ip'Of'ltlnllon Cod.:
Un"t'I""'rr I", r4" n,.t" I ",-,I
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Profit & Loss Statement
1011194 Through 9/30/95
2/21/95
~OMBERS-BOMBERS,CLRW
Category Description
INCOME/EXPENSE
INCOME
Award
Away Game
BucsBomben
Clearwater
Concession inc.
Curp. Sponsor
Fift). Fifty
Gate receipts
Golf Tournament
HOLE sponsor
Kauf- Penonal
Kaufmann
Loam
Memorial Toumy
Pen. donation
Radio Ads
Raffle
Snack Bar
Souvenir Stand
Stadium Seat
Yearbook Ad
Income - Other
TOTAL INCOME
EXPENSES
Advertising Esp
Bank:
bank ser fee
O,'erdraft fees
Total Bank
Banquet
Bus. Insurance
Charit).
Commission
Concession:
Supplies
T-Shirts
Total Concession
Concession Exp.
Concession Sup
Equipment:
Balls
Sports Ec(ulp
R.e.
.5 c...
Page
10/1194-
9/30/9~
'\
500.00
500.00
213.00
22,546.56
200.00
17,008.73
91.50
2~509. 87 1
\
755.00 ,
.
f
450.00 I
10,099,61
j
17,195.63 ~
4~500. 00 ~
..l
175.00 1.
.,
300.00 ~
450.00 1)
:i
80.00 ~
~
200.00 ~
!1
967.73 }~
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50,00 jI
'}:
?
3,090.00 ~
1
505,00 .
$
.
,
,
82,387.63 f
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3,176,34
161.16
264.00
425.16
470,00
272.00
29.98
2,556.76
56.22
2,546.89
2.G03,11
272.50
1,211,03
58.80
644.94
2/21/95
lOMBERS-BOMBERS,CLRW
Page
..... "'.,... ~,.-
-
Profit & Loss Statement
10/1194 Through 9/30/95
("'e = ES c
Category Descripdon
1011/94-
9/30/95
Uniforms
Equipment - Other
3,672.10
28.19
Total Equipment
Gold UnUmited
Health Ins
Insurance:
car
4,404.03
27.40
147.00
500.89
Total Insurance 500.89
Legal expenses 670.71
Ughtning Game -413.00
Meals & EntertD 30.24
NZ:
Air 1,953.30
Bus. Utilities:
Electric 447.32
phone 609.67
Total Bus. Utilities 1,056.99
Expenses 5,452.86
Rent 4,908.00
TOTAL NZ 13,371.15
Office:
Office Supplies 238.96
Total Oftlce 238.96
Old BlUs:
B-IDVE 121.35
Car 279.00
Donna Gesicki 150.00
Other 863.73
Old Bills - Other 2,500.00
Total Old Bills 3,914.08
Postage 276.36
PR:
PR Sen'ices 104.00
printing 100.00
Program 100.00
Radio Broadcast 927.50
Yearbook 4,133,73
TOTALPR 5,365.23
Rent on Equip 50.00
Road Trip Esp 1,667,00
Sales Tax 40,00
},
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Profit & Loss Statement rc. - I
..
10/1/94 Through 9/30/95 I
2121/95 Pagt it
lOMBERS-BOMBERS,CLRW I
10/1194-
Category Description 9/30/95
Signs 1,195.00
Team Expenses:
Out of Town:
Auto 273.44
Hotc 2,383.91
Hotel Costs 100.00
Out of Town - Other 1,088.54
Total Out of Town 3,845.89
Team Expenses - Other 21,535.00
Total Team Expenses 25.380.89
Tra'\'el 1,772,00
Tmy:
Air 4,566.13
Registrations 360.00
TRAVEL 1 , 1 73 .18
Total Troy 6,099.31
Trophies 521.90 i
i
Umpire fee 3,593.00 I
visiting teams 1,000.00 j
.
Wilb)'~ommis '\ 1,300.00 1
Expenses - Other 466.00 ,
,
TOTAL EXPENSES 82,635.03 I
,
TOTAL INCOMEIEXPENSE -247.40 I
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Balance Sheet
As of 9/30/95
2/21/95
IOMBERS-BOMBERS,CLRW
Page
Acct
9/30J9~
Balance
ASSETS
Cash and Bank Accounts
BOMBERS,CLRW
179.49
Total Cash and Bank Accounts
179.49
TOTAL ASSETS
179.49
LIABILITIES & EQUITY
LIABILITIES
EQUITY
0.00
179.49
TOTAL LIABllJTIES & EQUITY
179.49
PETROLEU1\1 CONTAMlNATION
INITIAL REMEDIAL ACTION
REPORT FORM
-p~
R e. c. \; f...-JL ~ 'I
De lJot a l1-r~ f.n e ,-
An Initial Remedial Action report, detailing the initial remedial
action (rRA), should be prepared to ~atisfy the requirements of
Chapters 17-770.530(1)14; 17-773.500(1) (a)4i and
l7-773.500(2) (a)4, Florida Administrative Code, (FAC). This form
may be used ~or the ~ report. Additional pages may be
necessary in order to properly document the IRA in detail.
Failure to provide complete information may result in delays in
technical revieW's and in reiJnbursement of task. This report
fonnat (or a s.i1ni~ar completed report detailing the IRA
~ctivities) should be sent to the appropriate c:Jntracted local
program office and to:
Florida Department of Environmental P~otection
Bureau of Waste Cleanup
Engineering support section
2600 Blair Stone Road
Tallahassee, FL 32399-2400
(904) 488-3935
"
I.
FACJ::L.I:TY N1UCE:
Paci~ity Address:
DER Faci~ity Number
Date !RA Initiated:
City of Clearwater Former Solid Waste FAcility
1407 Russell Street, Clearwater, Florida 34615
(if applicable): 529401347
09-26-94 Date IRA Completed: 09-26-94
IZ. FREE PRODUCT RECOVE:RY
A.
Type(s) of Produc~ Discharged:
Leaded Gasoline
B. Quanti ty
l. Estbnated Gallons Lost: Unknown
2. Gallons Recovered: N/A ~~ough N/A (date)
3 . Attach Exhibit Indicating Amount of Product:. Recovered,
Dates and cumulative Totals.
c.
scaled Si"te Plan, IndicatL'g the Locations and
Thickness in Wells, Boreholes, Excavations, or
Conduits and Wells utilized for Recovery of Free
A tuc: a
Product
Utility
Product .
D.
N/A
Method of Product Recovery:
MAY 1994
Florida D~eot o( uniromneut:li Protectioa
, ",'" ~'" . --~ ',~
.AlGMF.nvironmnllaJ
PDle J
1.0 INTRODUcnON
On Tuesday, September 26, 1994, two 110 gallon used oil underground storage tanks
(USTs) were removed from the Clearwater Former Solid Waste Facility located at 1407 Russell
Street, Clearwater, Florida. In addition, excavation was conducted in an attempt to locate one
4,000 gallon UST formerly containing leaded gasoline. The tie-down straps were uncovered,
but the tank was not located in the excavation. The tank had been removed at an earlier date,
based on these findings. Photographic documentation of the tanks and tank pit areas (after
excavation), and also the former location of the 4,000 gallon UST are contained in Appendix A.
The fonner location of the USTs are depicted on Figure 1 - Site Plan (Appendix A). Manifests
documenting the disposal of the tanks, one 55 gallon drum of tank bottom sludge, and associated
liquids are contained in Appendix B. The laboratory results of a composite sample (S-2)
collected from the sludge drum are included in Appendix D.
2.0 ANALYrICAL PROCEDURES
2.1 Soil Sampling and Analyses
During the excavation for removal of the two used oil USTs, soil samples were
continuously collected from the excavator bucket and inspected for evidence of waste oil
contamination. No visual evidence of used oil contamination was detected. Due to the
rusty conditions of both used oil USTs, the on-site Pinellas County HRS Inspector
requested composite samples from the base of each used oil tank pit (Samples S3 and S4)
to be analyzed for total recoverable petroleum hydrocarbons (TRPH) using EPA Method
9073. The laboratory results are as follows (see 'Appendix D for analytical, results):
TRPH
DATE SAMPLE CONCENTRATION (PPM)
09/26/94
09/26/94
S3
S4
60
84
Clean Soil Standard
50
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Pale 2
During the excavation for the 4,000 gallon leaded gasoline UST, soil samples
were continuously collected and analyzed with an organic vapor analyzer (OVA) (see
Figure 1, Appendix A for sampling locations).
Each soil sample was placed in a 16-ounce glass mason jar, leaving approximately
half of the jar empty for soil vapors to accumulate. The jar was then capped with
aluminum foil and allowed to stand approximately 5 minutes before inserting the inlet
probe of a Heath Detecto Pak ill flame ionization detector (FID) through the foil cap to
facilitate the analysis of soil vapors accumulating in the headspace. The FID.is capable
of measuring total hydrocarbon vapors in concentrations ranging from 0 to 10,000 parts
per million (ppm). Methane readings were recorded from a duplicate sample using an
activated carbon filter. All methane responses were subtracted from the total hydrocarbon
vapor readings during final analysis. All glassware was thoroughly washed and rinsed
between each sampling event.
Table 1 contains the FID responses produced during the analysis of samples S5
through S8. Chapter 62-770.200 Florida Administrative Code (F,A.C.), defines
excessively contaminated soil as "soil saturated with petroleum or petroleum products or
soil which causes a total hydrocarbon reading of 500 ppm for Gasoline Analytical Group
(or 50 ppm for Kerosene or Mixed Product Analytical Groups) on an organic vapor
analysis instrument with a flame ionization detector (FID)". Since only leaded gasoline
,
had been stored within the area of study at this facility, FID readings of 500 ppm or
greater were assumed to indicate "excessive" soil contamination.
From Table 1, "excessive" readings were recorded from samples 55. through S8
at various depths within the vadose zone. The water table at the site occurs at
approximately 6 feet below ground surface in the area of the former leaded gasoline UST.
All "excessively" contaminated soil was properly stockpiled on and covered with
visqueen. On October 24, 1994, 16.16 tons of "excessively" contaminated soil was
transported to KIeen50il International, Inc. of Palmetto for disposal. The pre-burn
analyses (sample 51) are contained in Appendix D. The soil disposal manifest from
KleenSoil is contained in Appendix B.
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B O.o.RIOSBY~" ;,:,',:".:-J' :." "f ,'. . -,,- .';. .;'.. ~ ",.;" n' ..,..;,
. ~.StlffWrltef ::1' ~l"" '1'1!'~ I",,,,' \ I' 1 ,... pays the Interest. aald agency executive director
; :.,,.,, ,'\I':"\~':"4'" ".. I"~ (" Pe.te, G~. The eRA geu,its money Crom taxes
".' ' CLEARWATER c- The recommendation has pcud on.lllcreased property, values downtown and
. come up r~peate:dlY o~~'r... Vt:. years: ~ui1dhou!ling " ~v~ts It.!~r. redevelopment;~'l'" :...~'; - \';'"
,~owntown.;, ",; " \.;. r,f,"" "~'~'::"')l,:i;,t. Gozza said the latest redevelopment plan ca1Is'
~,:" Finally it'~ corning true~' Office space on the . lor m,ore thll;D 1,000 new ,rC:.Sidenti~ ,UI?ils down-
'; second and third floors oC the Colony Building at 423 town. Tsalatinos is the firSt to make Ilse ol CRA
:~::~~.~L i;s,~~.te~~:~~~~,~?d~:!*-~~~~ ~M- ~;:~rl~~~~t ~IU-Y::~~ ~\~.~~i:'~t:;8:~LS~V:~
'.' '1, The own~r' ~f the bui1~lng:':r~rry 'T~aiatfuos,. . Lo,ca1,J.Us~orian Mike Sand~~s 'say~ "it's been a
. borrowed $50,000 through the Community Rede- long time smce anyone has lived over storefronts
veJopment Agency. It's an interest-Cree,' five-year on Cleveland SlIeet downtown:-=- probably since the
.loan.", ,'1,'.:, ." - c' ~'l.:,dJ! ~,::~~ f,: I,'I~, ':~l: ",j' 19403 or 19503. ~en there was only an apartment
.. ..''- ". ....'1 L \~~.\ ,if~. '.., 11m.. ptMJta -"IM DAtoo\MQ .. Tsafatlnos declined to say how mud, more than here o~ ~ere, D~~g a~ c~n~entrated as six apart-
The owner or this budding 81'423 t1eveland S1. In.J)' II. the $50,000 be is putting into the renovations. He menls mODe bwlding. ....\ · .'t't,,~: . {J.f ~~~\')'I .
downtown Clenrwater plans to convert second- and 'did say. he doesn't Ulink hel would have, done the ,"It's almost a pretedent in the history or dO"'ll-
thlrd-nOOC' offices Into six apartments. . ,~ 1', ',' project WiUloul the CRA's help. 1 ,',',,;., ol..... ;I"~' " , town to have very nice resi~ential occqmmodatioos"
, :. \, Banks lend the mane)' at prime rate and the CRA ' '~".'''~ .. Pleaso"seo HOMES Pago 9
. "
~~,~.~~,~l!U~ ~ "~~I"'UI ~ ,I~,,,, 0) '. ."
re.t~~~~e..n~ t'~~~epla'n~';:
. After. opposing a rineed the lake, . , t' '
townh d e1 The neighbor. rallied, going 10 ' 1 .~ ,\,
ouse' ev opment far al to hire IdentialJl to docu-..t, , 'I
north of Beckett Lake I. ~.. rr.ent the wildlife there, including a ' '.' I "
Estates last swnmer, wood .tork. whicJl it. an L endan- ': t \,
nearby 'residents only e~ed apeciea. ,..t. iF\'.~ ~'i"/ hJ,.~ "
praise.this venture. ~,TheCountYCo~salo~~J~: :-'
'l' 'I ., t . ,. 1 I turned down the tesooing that the
I' ." I, ,'.. . t ". developers needed for the town-
By NED IEATOH house project. The longtime prop-
n..-Iltft..... erty owners - citrus growers
'. ;... , Sam and Ruby C,lhoun - went
The bat time developers came back to the dl'1wg board, lttor-
to the county courthouse Cor per. ney Tom Nash said.
mission to build on I vacant 10 ' What.emerged was the retire-
acres neu the corner of Belcher ment home pb.n, which c1usten
and Sunset Point roads, neighbors development on the north end oC
packed the place to denounce the the property. That keeps people
plana. '...1 ~. ,_,; \: ,! .. and buildingsaway from the woods
.,,_ . J ' ,.. i,. , . and' habitat around the lake and,
This week" a handful of the away from the neighborhood to the
:same neig~bon Ihowed up, ling. south. . '.
inS the praues oC the county stAff. ' '
en who helped broker. deal ~l ....Y!e b.ave our neighborhood:
will put. 95-bed retirement home back. Scrivner said. "You can still
. Ptllhe property rather than town- see. wooded area in Clearwater '
b . (,. FJ 'd " ·
o~.. ~ 'I ~..) ,'" I,' ,," ,~~ .. i.'""
.,. .
. " '~y~~'~r~ ~bout the ~~~~. "The deal C2me as'l "real ~cri- '
ty,", Julie Scrivner told the com- flee" to the Calhoun family; Nash '
missio~'I'"y~,,'ye. proven it," .',' said. But it still provides the lamily ,
. 'f' '.. .... ~, :.. '. . I " with. ~ reasonable opportunity to .-
. Scrivner and other residentS of sen It Cor developm~t. so every- .
the Beckett Lake Estates neigh. o~~ :sh,ouJd bene[.it;,~et said. ',~':.'r . I' .
borhood near Clearwater were ~ PannoR Enterp~s,'. 'British t...~ r~ '.
nervous about the original plans to ftrnl with experience developing' . I
put up to' 42 townhousea on' the retirement homes in that country, I
property,' which is just north 0(' will del' . . ' : \
their neighborhood. The property ev op the project, Nash ~~.,:' .
Includes woody areas and Beckett - Ned Se.ton, the TIm.. Plnellaa -':' ,
Lak" . f County government repofter eM be I. , .
e. ~ Ilpnng- ed body wiUl a few. reKhed at 445-4188 or br ~I at ~~,.~. t,
h:ua.' Townhouses.. co~Id, have n..alon..ptlmncom:o: 'I~J '; .' I" f
, .'1 I :: ' " "I ~.
,
, .
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. 4t t~+, 'f5t).. (:1.' mti
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, Downtown"'i
":'~office~l ~ la\~"'1 ':"~;'\
. '. "Co" '/'. OJ,. ....... 'P:fll.- "I.~..,
.,', :, -) ,(J r.n ,../t- .. ,\I M l-,llP" \ . ~'. ;" \
, ~ :~, \ tnn9,~~, Sq~~ly ~
, . I "'..~~iL"'(""'I' ~""tl'II' ~~, ., (
:':', . Theoffice'Coin~lex.IS' . ~!:~!;f"" ~ .
I . I, . I ....' ,. I' .
.\ " ,expected t<? cost 24.1-million;
upfro,m f1:1e _$20:-~ .~'tu~iii~"t
, estimate 1t '., Ij't. 'I ~. r dr~.,
. . c. , ... t f. 'If'
~' /'11 1'\., .. , "", '" r
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By TlfOMA8 C. TOBIN i'J . 1".'" .'~ '.r, _: .'."
TknM ItaffWllilr 1, ~ 0 f' \ 't 'if ...,
. ~,;t'J'.' . . ,~ I~" ;,. t "'1'.
li4', CLEARW A TERh-~ A new' down'II.'
, town ~tr, office. complex'; long billed u a "
$2()'millioo proJCCt,'has men In cost by',
, .,8tbc?ut ~~ pectent.:. ,~!~~Mi,!' ~,.'t:Y~~..i~
I', . . ,The total"known cost~' for the p'roj-..... .
\ "~ ~t,now.lt.ands at .$~..5-million. ICcn(d":ll, '
I In,g to . ~mo made pub~c F,rl4aY hi the ";
, <r~trTh;\~!~bkilll ~ffice. ~~\A'r.~~ 1 :'~~,i' "'
~. e 18 expected; to grow even"
. mo~\.Tbe. memo Itatea;that"'OffidaJs.~tf'
:, ha~e'yet to ~ sonie~g'costl-
.: .. 'Cor ~ew phones and compttten f6t whlch~
.... '~ey have no eatimatea. ....",:. .; "ji "".1.'1:'1
..; I ~" ,\1. .'. ,. , ,;t~ r ~. ,.,....;:-~ :
,.,.:. . "The lnCfease of more than $4~million' .
. . ~.. C?meS from costs. that were 'pot publicli' ~
.~~. discu~ when' oty offidals canceled I' .
p,Ianned,relerendum on theftoject and
',", approved it in 'June 1994.11, . " ..,,'
. , t. ' .. .,J . · ~f\:t,. 'l ~r.
, : ,.' .ITbe moat significant itema cOntribui:';)
." ,\ log t~ the increase. include nearly $2-mi171 .
I 1ion.~I:.comp~ter. costl.,a~$1.milJion....
1. (. pbon.e .yatemr-.\ $11,1,000 reteDtloii~ '
: ;. pol!d,$13.707,:-vorthofneWaidewalb,"'! I
j , new $13D,OOO. ,-TV atudiolfor;dtY'ab.Je~t' I
" . broadcaata 'and 'thousands\ol;dol1an~' '.
,..:~moymg",~~~~A~~' :
t.. ,':' ~~, oot }nc1ud~~tl:! project'.
1,' , Ongll~aJ budget was the,$525.000, it tCist ~
. the caty ,to.bu1:land Cor, the ptojecL'.The ~
'. land '.was.. purcbasedS:Crom': lhe..citY:,l!'
. downtown .redeveloPlpent.agency.~.'
I... t.\ The rompiex,: cent~t;(j'ar~t 'Ave.i
I, '.' nu~' and Pierce Stre~ti w:iU house a.!lev[ ':
I police h~dquarters,and offices Cor.nu~!i
I merous oty departments. .The police wjIi ~
move~ {rom their 'aging '.headquarteri~
a~ross ~e:stnel:Several, other offieea;l1
, will move from quarters in'the old City,\r
Hall Annex building 'at Missouri 'Aventie~'
and Cleveland,Street,.which will be tom:"
down.'~;yJ I'; I;. :: ~~u. 1: ~,. ~J,:~~ ;'A'
If.' . ..: .. ...~ . ...,.. ,f '., '.' '.,,,.. p. .
. The move is expected to be complete ~
by late March; .. ';"1" :;"}',l,:', r t,I;' :. ,,~ "
. ..~If .' .;I.... "J....:.... ,Ll .: Or-
. #'..:i,' ~ ..;..,.:,...... .'" 1c.'.......J.r.-;,:.. ,. I~~.~
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Item # 8
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Clearwater City Commission
Agenda Cover Memorandum
8
Item #
Meeting Date:
tP .~, <10
SUBJECT:
Petition for Annexation and Zoning Atlas Amendment for 2275 Manor Boulevard North; Owner:
Christopher J. McClure
(A 96-20)
RECOMMENDA TION/MOTION:
Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight"
(RS-8) for Lot 85, Clearwater Manor, and pass Ordinances No. 6036-96 and 6037-96 on first reading.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE
CLASSIFICATION
Single-Family Residential "Eight" (RS-B)
Not Applicable
REASON FOR REQUEST
~ Sewer Service
II
ASSESSED VALUE OF SUBJECT PROPERTY
: $ 45,700.00
II
Reviewed by:
Legal
Budget
Purchasing
R is k Mgmt.
CIS
ACM
N/A
N/A
N/A
N/A
N/A
Originating Dept:
CENTRAL PERMITTING
~<-
'-'J
Costs: $ H/A
Total
User Dept::
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
F-
Advertised:
Date: 5/27/96
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
E!lI Notified
o ~ot Required
F~ing Source:
o Capi tal Imp.
o Operating
o Other'
Attachments:
ORDINANCES NO. 6036-96 &
6037-96
LOCAT ION MAP
APPLI CA TI 011
Appropriation Code:
o None
.~
,... Printed on r
ecycled paper
A 96-20
Page 2
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
IN CITY
LOCATIO OR FUTURE LAND USE
N COUNTY PLAN CATEGORY
Subject County Residential Urban
Property
North City Residential Urban
South County Residential Low
East City Residential Low
West City Residential Low
ZONING ACTUAL USE
R-3 Single-family residential
RS-8 Single-family residential
R-3 Single- family residential
RS-8 Single-family residential
RS-8 Single-family residential
.. The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to
Single-Family Residential "Eight" (RS-8) to the City Commission.
ZONING RESTRICTIONS
.... ..... ",.. ",0<.'
...................................,............
. ....................
. ................,.
DESCRIPTION
RS-6
REQUIREMENTS
...::. .::::,;::mUf1$iS;):;:,}f,:.}T.U>
):)'R: <:EAIHla::':'E:::::'M"':: ENTS:'.:;'
<;:;::::::-:.::.::<:..:M:H::::::<>.:::::..:-:::,:-:...:...:-:-.::.;..':::..::::-....::::;:;::::
EXISTING
. . . .. .........
. . . .. ....,...
.................
Density
5.5 u.p.a.
maximum
........."......
. . . . . . . . . . . . . . . . . . . . .. .. . . .. .....
..:~.;:~i',::y:~Pf~.?:.::.:in:r.::.<::-:.. Si n g I e- fa m i Iy re si d e nti a I
:-:::.:::.:<:>'.::-:-:::.::::.::;..:::..':;.::::::::-:'::::::;;:;:::;:: .::::.;.:.:.::.... ..: ....::.>.:
;.:,'ma:x:lm. .U: .m<-::::::.:::::.:'''::::-:'.::::,'<-:.:: ....
;>:,:~;-:::-:::,;,,:;,:::>::;::;::::>::::-:::;'::":~:'/:~::::::;:::'::::::;::::::::::\::::':.:';:" :
70 ft. minimum
...... ;.......;:-:::.;.::::::;:::.:::::-:;:;:::;:;:::;:::;:.....'.................
!;II~I~~f!:~i;';'!' 6,790 sq. ft. m.o.1
70 feet
Lot Area
7,000 sq. ft.
minimum
Lot Width at
setback line
........... .....
. ........,.... .
:~~::..tt.~:...[roig~m4V1. ...... 97 feet
Depth
85 ft. minimum
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS: R-3 = Residential, single family district (County); RS-8 = Single Family
Residential "Eight" (City), u.p.a. = residential units per acre
A9620.cc
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CENTRAL PE~MlTTrNG
CITYbr CLE"i=!\'Ie. T::A
<.'J
'.
PETITION fOR ANNEXATION
'. '.
city commission
city ot Clearwater
P.O. Box 4748
,Clearwater, Florida
i'
:;~ cOJllJllissioners:
We, the undersigned, being all owners of the described real
property, contiquous to the present boundaries ot the city of Clearwater,
and situated in an unincorporated area of pinellas county, Florida, do
hereby request that said property be annexed into the corporate ll~lts of
the City of Clearwater, Florida.
--1
We hereby further request that said property be zoned and classified
under the Zoning Ordinance of the City of Clearwater, as sat forth on the
following page.
Attached hereto is a current survey of the described property, (If
it is unplatted), together with a cortiticate of title from a title
company, a copy of the deed or a letter from a licensed attorney setting
forth the names of all persons, firms or corporations owning any interest
in the described property.
The undersiqned have been advised of, uhderst.and and in
consideration of annexation, utility services, and other good and
valuable consideration, do hereby agree and covenant as follows:
1. all structures and improvements which are erected upon said
property subsequent to the date of this petition tor annexation
shall comply with all applicable City of Clearwater regulations
and ordinances as set forth in the City Code of Ordinancear
2. to convey such recreation land, recreation facilities and open
space land dedication and/or fees in the amount and ~anner
prescribed by Division 2 and 3, Chapter 116, Article IV of the
Clearwater Code of Ordinances; bnd
3. when any, .ubatandord abutting str.et or utilities ar~
subsequently upgraded by the city to meet city standardsr saId
improvement will be done on an assessment .basis. cons18tent
with city procedures therefore.
We" the undersigned hereby certify that we have read and examined
all of the statements and allegations in the foregoin~ Petition inclUding
attachments and after being duly sworn, deposed and say that such
statements are correct, complete and true and VOluntarily made with full
knowledge thereof.
Ch me
(!~r1s.Jr,t)o/ .3". MCCwr~
.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Subscribed and sworn to before me this -/.ri-day of
19 9.fl.f!
I}JlA.A /
My Commission Expires:
_v! (,.(4.j- 1. &1IA4~//,'~
NO'ifify D' 0
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~ LAURA J, UUROP..ss '
'.' Nolary PI..b1oc, Slalll 11 Florida
. My Comm E'Jl)ims Oct 2ll. 19l1lJ
No. CC 395170
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247
PROPOSED ANNEXATION
AND ZONING
OWNER:
Christopher~, McClure
A: 96-20
ADDRESS:
2275 Manor Boulevard North
PROPERTY DESCRIPTION:
Lot 85, Clearwater Manor
LAND USE PLAN
ZONING
COUNTY:
CITY:
RESIDENTIAL URBAN
RESIDENTIAL URBAN
R-3
RS-8
RIGHT-of-WAY:
ACRES: O. 16
ACRES:
ATLAS PAGE:
PLANNING AND ZONING BOARD: May 21. 1996
SEC: 06 TWP: 29 S RGE: 16 E
CITY COMMISSION:
..
QRDINANCE NO. 6036-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF
LAGOON CIRCLE, CONSISTING OF LOT 85, CLEARWATER
MANOR, WHOSE POST OFFICE ADDRESS IS 2275 MANOR
BOULEVARD NORTH, 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 85, Clearwater Manor, according to the plat thereof, recorded in
Plat Book 41. Page 66, public records of Pinellas County, Florida.
(A96-20)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-ot-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 Central Permitting Director are directed to include and show the property
described herein upon the official maps and records ot 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 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
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
Leslie K. Dougall-Si
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
OrdInance No, 6036.96
14 .....J ~ ~
11.3 .38 1634
I t.rI ran flUt
22 18
15 24 , 43.S ... 11
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34/022
.(!)
COACH
68
247
PROPOSED ANNEXATION
AND ZONING
OWNER:
Christopher rv" McClure
A: 96-20
ADDRESS:
2275 Manor Boulevard North
fROPEP.TY DESCRIPTlQ.N:
Lot 85, Clearwater Manor
LAND USE PLAN
ZONING
COUNTY:
CITY:
RESIDENTIAL URBAN
RESIDENTIAL URBAN
R-3
RS-8
RIGHT -of-WAY:
ACRES: 0.16
ACRES:
ATLAS PAGE:
PLANNING AND ZONING BOARD: May 21.1996
SEC: 06 TWP: 29 SAGE: 16 E
CITY COMMISSION:
ua~......
()nlin:lnC'(l ~(). 1l036-9h
.
..
OBDINANce NO. 6037-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED NORTH OF LAGOON
CIRCLE, CONSISTING OF LOT 85, CLEARWATER MANOR,
WHOSE POST OFFICE ADDRESS IS 2215 MANOR
BOULEVARD NORTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL "EIGHT'
(RS-8) 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, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias 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:
Property
Zoning District
Lot 85, Clearwater Manor, according to
the plat thereof, recorded in Plat Book
41, Page 66, public records of Pinellas
County, FL. (A96-20)
Single-Family Residential "Eight" - (RS-8)
Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
adoption of Ordinance No. 6036-96.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Leslie Douga
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No,6037.96
~~W!'~~~","_t~ll!llIMN.IWlL
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COACH
68
247
PROPOSED ANNEXATION
AND ZONING
OWNER:
Christopher fI4"; McClure
A: ~.:l.Q
'-..' ,
ADDRESS: 2275 Manor Boulevard North
PROPERTY DESCRIPTION:
lot 85, Clearwater Manor
COUNTY:
CITY:
lAND USE PlAN
RESIDENTIAL URBAN
RESIDENTIAL URBAN
lQNING
R.3
RS-8
RIGHT -of-WA Y:
ACRES: 0.16
ACRES:
ATtAS PAGE:
PLANNING AND ZONING BOARD: Mav 21, 1996
SEe: 06 TWP: 29 S RGE: 16 E
CITY COMMISSION:
() r dill :lll(' (' r-.: (1. 6037 - 9 6
C.r~
Clearwater City Commission
Agenda Cover Memorandum
~~f
cj
Item #
Meeting Date:
(. (, 1(;
SUBJECT:
Petition for Annexation and Zoning Atlas Amendment for 2192 Dell Avenue; Owner: Jorge F. Cruz
(A 96-1B)
RECO MM EN DATION /MOTI ON:
Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight"
(RS-B) for Lot 2, Pine Dell Subdivision, and pass Ordinances No. 6040-96 and 6041-96 on first reading.
[J and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE
CLASSIFICATION
Single-Family Residential "Eight" (RS-B)
Not Applicable
REASON FOR REQUEST
~ Sewer Service
ASSESSED VALUE OF SUBJECT PROPERTY
II
$ 52,700.00
II
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
N/A
N/A
N/A
N/A
~t2-
Originating Dept:
CENTRAL PERMITTING
'~
Costs: S N/A
Total
Commission Action:
[] Approved
[] Approved w/conditions
o Deni ed
[] Continued to:
User Dept:
$
Current Fiscal Yr.
Advertised:
~ Date: 5/27/96
! Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
~ Notified
o Not Requi red
Flnding Source:
o Capi ta lImp.
o Operating
o Other
Attachments:
ORDINANCES NO. 6040-96 &
6041-96
LOCATION MAP
APPLI CA T1 ON
s\bnitted by:
City Manager
Appropriation Code:
o None
.~
,.... Pr i nted on r
ecyc led paper
A 96-18
Page 2
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
IN CITY
LOCA TIO OR FUTURE LAND USE ZONING ACTUAL USE
N COUNTY PLAN CATEGORY
Subject County Residential Urban R-3 Single-family residential
Property
North City Residential/Office OL LimitedOffices
General
South City Residential Urban RS-8 Single- family residential
East County Residential Urban R-3 Single-family residential
West County Residential Urban R-3 Single-family residential
ZONING RESTRICTIONS
DESCRIPTION
RS-6
REQUIREMENTS
. ...."..".......
. '.. ,.............. H......
..... ................... ...... .
. .. . .. .' .... . .. .......... .
.. ............ .....",.". .... ." . .. ..... ... ......"...
::::::::::::.:::.:::::.::::::::::::::::::::::8..:..S....:::::8....:::::>::::::;::::::::::,.::::::;:.:::
;:)?;}~\~~(:~~}}~/<. .:;:...;.,.. .;1:-, '..:~?{:(~~t~~/(:~>:::~.t:
H/RSaOlalsMENTSF:)
,:;:::::::::::;'::::::::::::'.:.:::::::::::::.::::::;.:;:;::::.;:::::;:;:::.:.;::::::;::::::::::::::::.:::;:;::::::
EXISTING
Lot Width at
setback line
70 ft. minimum
........., ..... .... ..... .......
........................................
..,,,.............. ....................
......................'................................................................
:.!..Z:;:.~!i!:;g;~:p.~~~:::..:::..::!.;:..:...:..:!::.:.):....:!. Sin g I e- fa m i Iy resi d e nti a I
.:..:m~xl.rri9m.:::.i.!..:.:..!:::::::::::!.:..:..::.::::::;:;
Illl1!llilllllalrfillil!~ll' 6,500 sq. ft. m. 0.1
65 feet
Density
5.5 u.p.a.
maximum
Lot Area
7,000 sq. ft.
minimum
......... ..
......... ....
.i::~Q:..:~~i,::.:.ttml~m41:.:::::::.:::. 1 00 feet
Depth
85 ft. minimum
... The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to
Single-Family Residential "Eight" (RS-8) to the City Commission.
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS: R-3 = Residential, single family district (County); RS-8 = Single Family
Residential "Eight" (City), OL = Limited office (City); u.p.a.:..: residential units per acre
A9618.cc
~
f"
. "
'. .
'... .' ~~.
. j :- ~ .. ~ ,." . " ..
PETITION rOR ANNE~TXON
city cOJlUllission
city of Clearwater
P.O. Box 4748
Clearwater, Florida
cOJDlllissioners:
We, the undersigned, being all owners of the described real
-property, contiquous to the present boundaries of the city of Clearwater,
and situated in an unincorporated aras of Pinellss county, F1orida, do
hereby request that said property be annexed into the corporate limits of
the City of Clearwater, Florida.
We hereby further request that said property be zoned and classified
under the Zoning Ordinance of the city of Clearwater, as set forth on the
following page.
Attached hereto is a current survey of the described property, (if
it is unplatted). together \lith a certificate of title from a title
company, a copy of the deed or a letter tram a licensed attorney setting
forth the names of all persons, firms or corporations owning any interest
in the described property.
..
The undersigned have been advised of, understand and in
consideration of annexation, utility services, and other good and
valuable consideration, do hereby agree and covenant as follows:
1. all structures and improve~ents \lhlch are erected upon said
property subsequent to the date of this petition for annexation
shall comply with all applicable city of Clearwater regulations
and ordinances as Bet forth in the city Code of ordinances;
2. to convey such recreation land. recreation facilities and open
space land dedication and/or fees in the amount and manner
prescribed by Division 2 and 3, Chapter 116, Article IV of the
Clearwater Code of Ordinances; and
3. when any substandard abutting street or utilities are
subsequently upgraded by the City to meet City Standards, said
improvement will be done on an assess.ent basis, consistent
\lith City procedures therefore.
We, the undersigned hereby c6rtify that we have read and examined
all of the statements and alleqations in the foregoing Petition including
attachments and after being duly sworn, deposed and say that such
statements are correct, complete and true and voluntarily made with full
kno\lledge thereof.
712 ~ca:
F r: c::y" u 0
f
STATE OF FLORIDA
COUNTY OF PINELLAS
q/~ ~,
Subscribed and sworn to before me this ..L-..day of IT/JIlMt"!(
.1994L' (
.'
i..:," ::. "'.
My Commission Expires:
Who Is / are persoll~lIy kno:^,n to.
me or who producod a FJbnda 01:.
as 10 and who did not take any oath.
F,- hL. C~l'O" </~ ,. GlZ-o(t.(J
f/).
r;w
,;.\..
(1
Hotar.,
"
Q JANICE N. Y\lIIAS
i' llY COUIllSSIIH' cc 1114OCl5
EllJ'RS; I*nbII '. 'M
..... n." ..., NlII_
s.'.: : .~. ..,,',:
"':. .,
~ I ~07
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5
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~ ~
.. DREW STREET ~
-
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~ "'C II)
~ 60 co /:'0. ~
... co
t\f ~ l\i
11/01
."'- 22/04
, (") ... 0
iC\j~ - .:,.11/011 . <
122 W Q
.....
PROPOSED ANNEXATION
AND ZONING
OWNER:
Jorge F. Cruz
A: 96-18
ADDRESS:
2192 Dell Avenue
PROPERTY DESCRIPTION:
Pine Dell, Lot 2
LAND USE PLAN
ZONING
COUNTY:
CITY:
RESIDENTIAL URBAN
RESIDENTIAL URBAN
R-3
RS-8
RIGHT-of-WAY:
ACRES: 0.15
ACRES:
ATLAS PAGE:
280B
SEC: 12 TWP: 29 S RGE: 15 E
CITY COMMISSION:
PLANNING AND ZONING BOARD: May 21, 1996
ORDINA~CE NO. 6040-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF
NORTH BELCHER ROAD, CONSISTING OF LOT 2, PINE DELL
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2192 DELL
AVENUE, 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 2, Pine Dell, according to the plat thereof as recorded in Plat
Book 45, Page 26, public records of Pinellas County, Florida.
(A96-18)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 Central 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 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
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Si e
Assistant City Attorney
Ordinance No. 6040.96
.,.",.. , ~.- ~............ r-a-u'''r~~~~~,,<..g~''''~llilQa;'q~ft~~~~...~~.,z
<107 ':>.)/11
PROPOSED ANNEXATION
AND ZONING
OWNER: Jorge F, Cruz A: 96-18
ADDRESS: 2192 Dell Avenue PROPERTY DESCRIPTION: Pine Dell, lot 2
LAND USE PLAN ZONING
COUNTY: RESIDENTIAL URBAN A.3 ACRES; 0.15
CITY: RESIDENTIAL URBAN AS.8 RIGHT -of.WAV: ACRES:
ATLAS PAGE: 2808 SEC: 12 TWP: 29 S RGE: 15 E
PLANNING AND ZONING BOARD: May 21, 1996 CITY COMMISSION:
.-
EXHiBIT r\
Ordinallce 6040-96
.f
QRDIt~ANCE NO. 60~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED WEST OF NORTH
BELCHER ROAD, CONSISTING OF LOT 2, PINE DELL
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2192 DELL
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL "EIGHT'
(RS-8); 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, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias 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:
Property
Zoning District
Lot 2, Pine Dell, according to the plat thereof
as recorded in Plat Book 45, Page 26, public
records of Pine lias County, FL. (A96-18)
Single-Family Residential II Eight" - (RS-B)
Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
adoption of Ordinance No. 6040-96.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Leslie Dougall-
Assistant City
Cynthia E. Goudeau
City Clerk
Ordinance No.6041-96
~~~
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...
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r
_ ~ DREW STREET
c.R.
s
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Ie)
~
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~
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Ia lID
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11/01
22/04
. CIIl -
, II') :.!
P\il'lt
lZZ
~
.- - ,11 011
.~ "' . '1f'- _
~
o
--
PROPOSED ANNEXATION
AND ZONING
OWNER:
Jorge F. Cruz
A:~a
ADDRESS: 2192 Dell Avenue
P~OPERTY DESCRIPTlQN:
Pine Dell, Lot 2
COUNTY:
CITY:
RESIDENTIAL URBAN
RESIDENTIAL URBAN
ZONING
R-3
RS-S
RIGHT -fJf.WAY:
ACRES: 0.15
ACRES:
LAND USE PLAN
ATLAS PAGE:
2808
SEe: 12 TWP: 29 S RGE: 15 E
CITY COMMISSION:
PLANNING AND ZONING BOARD: May 21, 1996
Ordin~nce 6041-96
- ..- . '"-." ._----~. --_....~-... ~.'--'~' , .
. . ,
',(f;.q~
erg
Clearwater City Commission
Agenda Cover Memorandum
\0
Item #
Meeting Date:
SUBJECT:
Petition for Annexation and Zoning Atlas Amendment for 1517 W. Virginia Lane; Owner: Janice Knox-
Bronson (A 96-17)
RECOMMENDATION/MOTION:
Approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight"
(RS-8) for Lot 2, Block 10, First Addition, Virginia Grove Estate and pass Ordinances No. 6042-96 and
6043-96 on first reading.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE
CLASSIFICA TION
Single-Family Residential "Eight" (RS-B)
Not Applicable
REASON FOR REQUEST
~ Sewer Service
ASSESSED VALUE OF SUBJECT PROPERTY
II
$ 49,500.00
II
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACH
N/A
N/A.
N/A
N/A
JWz(2-
Originating Dept:
CENTRAL PERMITTING
Costs: S N/A
Total
User Dept:
$
Current Fiscal Yr.
commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Advertised:
Date: 5/27/96
Paper: TAMPA TRIBUNE
[J Not Required
Affected Parties
rBI Notified
[J Not Required
Ftming Source:
o Capital Imp.
o Operat i ng
o Other
I\ttachments:
ORDINANCES NO. 6042-96 &
6043-96
L OCA Tl ON MAP
APPLICATION
subnitted by:
City Manager
Appropriation Code:
o None
r.
..... P r i nt ed on r
ecyc led paper
, .., 'I ~,.'.. '---~"-- ", -~... _R__*.'_" -' .-.._-_..~ . ~ ~",y-. ," ~, ~ -. 11 " .
A 96-17
Page 2
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
IN CITY
lOCA TIO OR FUTURE LAND USE
N COUNTY PLAN CATEGORY
Subject County Residential Low
Property
North County Residential Low
South Co u nty Residential Low
East County Residential Low
West City Residential Low
ZONING ACTUAL USE
R-3 Single-family residential
R-3 Single-family residential
R-3 Single- family residential
R-3 Single-family residential
RS-8 Single-family residential
~ The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to
Single-Family Residential "Eight" (RS-8) to the City Commission.
ZONING RESTRICTIONS
DESCRIPTION
RS-6
REQUIREMENTS
.... . ......... .. . .......
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .. ..... . . . . . . . . . . . . . .
..... .... ..... ........ ..".... ..
.. . .. ..... ..
.' .... ......... ...... ....... .............
:::::::::::":::::':'::::"::;:;;;:;"AS:::;;t'r::;:;;::::::.:::;..;::.,.::;
':::":.!~~IQ;J:R.~~~!~~I~::...'.'.
EXISTING
Density
5.5 u.p.a.
maximum
. . . . . . . . . . . . . . . . . . . . . .
. .. .. .... .......... .... .........
. . . . .. .... ... .. .......
, ., ... . . . . . . , , . . . . . . , . .. ,'" .' .
............... ...... .....
......."
:?}~::'Y8:~:R'~'P:.::'::';" : <<;::< Sin g I e- fami I y resi den ti a I
::m~X!.ro..gm.::::<..:..::{.:
.. . . ,. . .. . . . .
..' ..................... . ............... ..,.
.............. ............ ...... ...........
........... ..........
.......... ." ..............
lot Area
7,000 sq. ft.
minimum
... .............. ..' ... ....... .......
.'.g~.9gg'.;:~fJ'~;-:J1:'<'Y:"" '.' ..
:-:-:: '.'-:.:-;'.';'.';.:-;.;.:-:- -:.'. ".';-: ..;",:-:-: ."-;.;.' >>...... .;.; .; ..... ..
,::mfnv,::,;:',/y:
8,400 sq. ft. m.o.1
Lot Width at
setback line
70 ft. minimum
80 feet
Depth
85 ft. minimum
................. ....... ...........
...... ........ ...
.... ............ ...... ..
.. ..... . .
"89:::f~s;:.'.minjmgm(.;.::,, 1 05 feet
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
Pinellas Planning Council/Countywide Planning Authority X
Florida Department of Community Affairs X
ABBREVIATIONS: R-3 = Residential, single family district (County); RS-8 - Single Family
Residential "Eight" (City), u.p.a. = residential units per acre
A961 7.cc
~ .. '. .
PETITION FOR AHNB~TID~
city COIlU'lllssion
city of Clearwater
P.O. Box 4748
. Clearwater, Florida
P~~~!~lID
:.', cOl1Ullissioners:
'!
CENTR~L PERMITTING
CITY OF CLEARWATER
We, the undersigned, being all owners ot the described real
property, contiguous to the present boundaries of the city of Clearwater,
and situated in an unincorporated area of Pinellas County, Florida, do
hereby request that said property be annexed into the corporate limits of
the city of Clearwater, Florida.
-"1
We hereby further request that said property be zoned and classified
under the Zoning Ordinance ot the city of Clearwater, as set ~orth on the
following page.
Attached hereto is a current survey ot the described property, (if
it is unplatted), together with a certificate of title tram a title
company, a copy of the deed or a letter from a licensed attorney setting
forth the names of all persons, firms or corporations owning any interest
in the described property.
The undersigned have been advised of, understand and in
consideration of annexation, utility services, and other good and
valuable consideration, do hereby agree and covenant as follows:
1.
a~i atruotureo and laprovemente which are erected upon .aid
property subsequent to the date'ot this petition for annexation
shall comply with all applicable City ot: Clearwater regulations
and ordinances as Bet forth in the city Code of ordinances;
to convey such recreation land, recrea~ion tacilitie. and open
space land dedication and/or tees in the amount and manner
prescribed by Division 2 and J, chapter 116, Article IV ot the
Clearwater Code of Ordinances; and
whan any,.ub.tandard abutting .treet or utilities are
subsequently upgraded by the city to ~eet city standards, said
improvement will be done on an assessment .basis, consistent
with city procedures therefore.
2.
3.
I ".....
. ".:>::~~.~"~
~., . . ... '.
. ,.,:.' ~
We, tne undersigned hereby o.rtify that wa have r.ad and exauinad
all of the statements and alle9ations in the foregoing Petition including
attachments and atter being duly sworn, deposed ahd say. that such
statements are correct, complete and true a volu made with full
knowledge thereof.
. .
, '
STATE OF FLORIDA )
COUNTY OF PINELLAS )
. .'
l?-day of a.AM. (~{l
'/
subscribed and sworn to before me this
199~.
ORDINANCE NO. 6042-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF
KUMQUAT DRIVE AND WEST OF PINEAPPLE LANE,
CONSISTING OF LOT 2, BLOCK 10, FIRST ADDITION, VIRGINIA
GROVES ESTATES, WHOSE POST OFFICE ADDRESS IS 1517
W. VIRGINIA LANE, 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 2, Block 10, Virginia Groves Estates First Addition, according to the
plat thereof as recorded in Plat Book 47. Page 41-43. public records of
Pinellas County. FL. (A96-17)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 Central 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 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
Rita Garvey
Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
Attest:
Leslie K. Dougall- i s
Assistant City Attome
Cynthia E. Goudeau
City Clerk
Ordlnanco No. 6042.96
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PROPOSED ANNEXATION
AND ZONING
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ADDRESS:
1517 W Virginia Lane
A: 96-17
PRO~ERTY DESCRIPTION:
Virginia Grove Estates
Rrst Addition, Block 10,
Lot 2
OWNER:
Janice Knox-Bronson
ZONING
COUNTY:
CITY:
R-3
RS-8
RIGHT-of-WA Y:
ACRES: 0.19
ACRES:
------------.------
ATLAS PAGE: 273A
SEe: 08 TWP: 29 S RGE: 16 E
CITY COMMISSION: June 6, 1996 I
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PLANNING AND ZONING BOARD: May 21, 1996
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OROINANCE ~O. 6043-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED SOUTH OF KUMQUAT
DRIVE AND WEST OF PINEAPPLE LANE, CONSISTING OF LOT
2, BLOCK 10, FIRST ADDITION, VIRGINIA GROVES ESTATES,
WHOSE POST OFFICE ADDRESS IS 1517 W. VIRGINIA LANE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
SINGLE-FAMILY RESIDENTIAL "EIGHT' (RS-8); 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, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. 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
amended, as follows:
Property
Zoning District
Lot 2, Block 10, Virginia Groves Estate
First Addition, according to the plat thereof,
as recorded in Plat Book 47, Page 41-43,
public records of Pine lias County, FL. (A96-17)
Single-Family Residential "Eight" - (RS-8)
Section 2. The Central Permittin~ Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6042-96.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
Ie al sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6043.98
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PROPOSED ANNEXATION
AND ZONING
OWNER:
Janice Knox-Bronson
A: 96-17
ADDRESS:
P~ERTY DJSCRIPTlON:
Virginia Grove Estates
First Addition, Block 10,
Lot 2
1517 W Virginia Lane
ZONING
COUNTY: R-3
CITY: RS-8
ACRES: 0,19
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CITY COMMISSION: June 6, 1996 --I
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RIGHT-of-WAY:
ACRES:
ATLAS PAGE: 273A
PLANNING AND ZONING BOARD: May 21, 1996
SEe: 08 TWP: 29 S RGE: 16 E
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Item # 11
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Clearwater City Commission
Agenda Cover Memorandum
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G.G.qG
SUBJECT: GTE MEDIA VENTURES, INCORPORATED, FRANCHISE AGREEMENT
RECOMMENDATION/MOTION: Approve the proposed application and franchise
agreement negotiated with GTE Media Ventures, Inc. and pass Ordinance No. 6046
96 on first reading.
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: On Ja,nuary 11, 1996, GTE Media Ventures, Inc. (GTE) submitted an application and
requested a franchise agreement based on state and federal law.
The ordinance grants the use of the City of Clearwater's rights-of-way for ten (10) years.
GTE will pay a franchise fee of 5% which is the highest allowed by law. This can be changed should the law
change or should the City want to change the fee by resolution.
GTE will pay upon the signing of the franchise a grant of $50,000 to be used to reimburse the cost incurred by the
City for the services and expenses of granting this franchise or any other lawful purpose.
GTE, in addition to the public buildings their system passes, will serve the following downtown buildings in order
to have service on Court and Cleveland where there is not service now:
Municipal Services Building
Clearwater Police Department
Main Fire Station
City Hall
Clearwater Public Library
Harborview Center
Pinellas County Utilities Building
Pinellas County Courthouse and other buildings at 310 Court Street
Pine lias County at 440 Court Street
Appendix A describes the system and will require a state-of-the-art system as defined in the area.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
(lid
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f4)t'L
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Originating Dcpt:
City Mcmager
r! 'C--U
Costs:
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
User Dcpt:
Current Fiscal Yr.
Subnitted by: .
Cit ~fr
Advertised:
Date: 05/06/96
Paper: Tampa Tribune
1m Not Requi red
Affected Parties
o Notified
1m Not Requi red
Fl..Ilding Source:
o Capital Imp.
o Operating
o Other
A ttachmcnts:
Appendices A, S, C, 0, E
Ordinance No. 6046-96
Appropriation Code:
o None
- 2 -
Appendix B describes the general requirements for maintaining the system.
Appendix C describes access channels, equipment, facilities and services. They will be required to carry the same
channels and programming as required of the current (Time Warner) franchise holder and allows an additional
digital channel at the City's request once GTE provides programming on a digital basis.
GTE initially will pay $67,000 for government access equipment and at the end of seven (7) years will pay $50,000
for equipment. Clearwater will use this money to support and provide facilities and equipment for government
access programming.
GTE will pay the following for public, education and government access support. These dollars will be used to
support and supplement government and public access in the City program and can be used to purchase equipment,
maintenance and programming.
Total
$ 50,000
50,000
75,000
75,000
75,000
100,000
100,000
100,000
125,000
125.000
$875,000
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
GTE can request renegotiation of the amounts and manner in which education and government access is paid for
after the fourth year if the County adopts a different model (such as a not-for-profit agency) for programming or if
GTE's number of subscribers is below 12,500. The City reserves the right to negotiate taking into account that it
may be appropriate to provide support to the City in addition to any shared costs.
Appendix D is the Institutional NET and the GTE contribution is included in the $50,000 grant referred to above.
Appendix E is the Customer Service Standards. These standards are generally consistent with the old Vision Cable
standards.
. .
. .
. .
# . . I.' " .
--_.._--~----- ---------~--------------<--------_._--_.:..._-_.,~-~~------._-_._--~----_.~-- _._--~--_._.-. --.---. -~- -- --- --.---
-,
./
ORDINANCE NO. 6046-96
AN ORDINANCE GRANTING TO GTE MEDIA VENTURES INCORPORATED
THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND RIGHTS-OF-
WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF
PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS
AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS;
PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN
EFFECfIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1 -- Findings
Pursuant to the procedures in the Cable Act (as defined in Section 3), and Section 166.046
of the Florida Statutes (Municipalities - Definitions; minimum standards for cable television franchises
imposed upon counties and municipalities), the Grantor (as defined in Section 3) has held a public
hearing where the following issues related to granting a cable television franchise to Grantee were
considered: (i) the economic impact upon private property within the City; (ii) the public need for
such franchise; (Ui) the capacity of public rights-of-way to accommodate the cable system; (iv) the
present and future use of the public rights-of-way to be used by the cable system; (v) the potential
disruption to existing users of the public rights-of-way to be used by the cable system and the
resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise
applicant to perform; and (vii) other societal interests as are generally considered in cable television
franchising. The Grantor has deternlined to grant a new cable television franchise to GTE Media
Ventures Incorporated (the "Grantee") on the terms and conditions set forth in this Ordinance, and
the Grantee agrees to such terms and conditions.
Section 2 -- Short Title
This Ordinance shall be know and may be cited as the "GTE Media Ventures Cable
Franchise. "
Section 3 -- Definitions
For purposes of this Ordinance., the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words in the present
cwfranagr.006
1
tense include the future, words in the plural number include the singular number and words in the
singular number include the plural number. The word ushall" is always mandatory and not merely
directory .
"Abandonment" means: (i) the cessation, by act or failure to act of the Grantee of the
provision of all, or substantially all, of the Services then being provided over the System to
Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event
beyond the control of the Grantee; or (ii) the completion of any action described in Section 14 of this
Ordinance without the prior written consent of the Grantor.
UAffiliated Person" means each Person who falls into one or more of the following
categories: (i) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii)
each Person in which the grantee has, directly or indirectly, a Controlling Interest; (Hi) each officer,
director, general partner, limited partner holding an interest of twenty-five percent (250/0) or more,
joint venturer or joint venture partner, of the Grantee; and (iv) each Person, directly or indirectly, .
controlling, controlled by, or under common Control with, the Grantee; provided that "Affiliated
Person" shall in no event mean the Grantor, the entity, if any, administering some or all of the Access
Channels, any limited partner holding an interest of less than twenty-five percent (25%) of the
Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not
otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or
being under common ownership, cornman management, or cornman Control with, the Grantee.
UBasic Servke" means that level of Cable Services distributed over the Subscriber Network,
which, at a minimum, shall include: (i) all Signals carried on the System in fulfillment of the
requirerrents of Sections 614 and 615 of the Cable Act (47 V.S.C. ~~ 534 and 535, respectively); (ii)
any Access Channel programming required by this Ordinance to be provided to Subscribers; (Hi) any
Signal of any broadcast station provided by the Grantee to any Subscriber, except a Signal which is
secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any
other Cable Services offered as basic service.
"Cable Act" means the Cable Communications Policy Act of 1984,47 V.S.C. ~* 521-611
(1991) and any amendments thereto, including amendments made by the Telecommunications Act
of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), and the Cable Television Consumer Protection
and Competition Act of 1992, Pub. L. No. 102-385,106 Stat. 1460 (1992), codified at 47 V.S.C. ~*
151-611 (1993) and any amendments thereto, including mnendmentli made by the
Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), all of which, among
other things, are amendments to the Communications Act of 1934,47 V.S.C. *~ 151-611 (1991).
"Cable Service" means: (i) the one-way transmission to Subscribers of video programming
or other programming service and (ii) Subscriber interaction, if any, which is required for the selection
or use of such video progralmning or other programnling service.
"Cable System" means any facility, consisting of a set of closed transmission paths and
cwfranagr.006
2
associated signal generation, reception ami control equipment, that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community, but such tenll does not include (i) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using
any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in par4 to
the provisions of subchapter II of the Communications Act of 1934, except to the extent such facility
is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an
electric utility used solely for operating its electric utility system.
"Channel" n~ans a band of frequencies in the electromagnetic spectrum, or any other means
of transmission (including, without limitation, optical fibers or any other means now available or that
may becorre available), which is capable of carrying a video Signal, an audio Signal, a voice Signal,
or a data Signal.
"Control" or "Controlling Interest" means actual working control in whatever manner
exercised, including, without limitation, working control through ownership, management, debt
instruments, or negative control, as the case may be, of the System, the Franchise or the Grantee.
"FCC" means the Federal Communications Commission, its designee, or any successor
thereto.
"Franchise Area" means the area consisting of the corporate limits of the City of Clearwater,
as its border may be changed from time to time.
"Grantee" means GTE Media Ventures Incorporated, a Delaware corporation, whose
principal place of business is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX
75015-2092.
"Grantor" means the City of Clearwater, Florida, or, as appropriate in the case of specific
provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or
any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official,
elnployee, or agent thereof, any designee of any of the foregoing, or any successor thereto.
"Gross Revenue" means all revenue, as determined in accordance with generally accepted
accounting principles, including advertising revenue, which is received by the Grantee, by any
Affiliated Person, and any other Person from or in connection with the distribution of any Service on
the System or the provision of any service related activity in connection with providing Service on
the System. Gross Revenue shall not inc~ude the revenue of any Affiliated Person and other Person,
including, without litnitation, a supplier of programming of the Grantee, to the extent that said
Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include
any revenues otherwise classified as "noncable service revenue" under federal or state law or any
revenue of the Grantee or any other Person which is received directly from the sale of merchandise
through any Service distributed over the System (other than that portion of such revenue which
cwfranagr.006
3
represents or can be attributed to a Subscriber fee or a payment for the use of tJle System for the sale
of such merchandise, which portion shall be included in Gross Revenue).
"Pay Service" means any Cable Service offered on a per Channel or per program basis.
"Person" means any natural person or any association, finn, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not mean
the Grantor.
"Rights-of- Way" means all of the public streets, alleys, highways, waterways, bridges,
easementf), sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present limits of the City, or in such territory as
may hereafter be added to, consolidated or annexed to the City.
"Service" means any Cable Service, including any Basic Service, and any other related
service, such as, the provision of any equipment and any installation of equipment or facilities and
monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any
Person in conjunction with, or distributed over, the System.
"Subscriber" means any Person lawfully receiving any Service provided by the Grantee by
means of or in connection with the System, whether or not a fee is paid for such Service.
"Subscriber Network" means that portion of the System over which Services are provided
primarily to residential Subscribers.
"System" rreans the Cable System which is to be constructed or leased, operated, maintained
and upgraded, as necessary, by the Grantee pursuant to this Ordinance, including, without limitation,
all of Grantee's rights to and interest in all real property, all tangible and intangible personal property,
buildings, offices, furniture, leases, Subscriber lists, cables, amplifiers and all other electronic devises
used in connection therewith and all of Grantee's rights to and interest in all rights, contracts and
understandings with regard to any matter related thereto.
Section 4 -- Grant of Authority
(A) There is hereby granted by Grantor, to Grantee, the rights and privilege to construct,
erect, operate, own and maintain. in, upon, along, across, above, over and under Rights-of-Way now
laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires,
cables, underground conduits, manholes and other communication fixtures and utility structures
necessary or proper for the maintenance and operation of the System in accordance with the
provisions of this Ordinance; and in addition, so to use and operate similar facilities or properties
including, but not limited to, any public utility, rented or leased from other persons, including, but not
limited to, other grantees franchised or permitted to do business in the City. This Franchise is
cwfranagr.006
4
awarded subject to all applicable City ordinances and regulations, provisions of general or special
laws of Florida, and the federal laws and regulations.
(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable
Services only and only within the Franchise Area.
(C) The Franchise L~ nonexclusive. Nothing in this Ordinance shall affect the right of the
Grantor to grant to any Person, or to itself, a franchise, consent, or right to occupy and use the
Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part
of a Cable System wiulin the Franchise Area or for any other purpose.
(D) This Section 4(D) shall be applicable if the Grantor exercises its right to grant to any
third party one ur more franchises for the construction, operation or maintenance of a cable system
pursuant to the C,lble Act, and shall be implemented consistent with Section] 66.046 of the Florida
Statutes (Municipalities - Definitions; minimum standards for cable television franchises imposed
upon counties and municipalities).
If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter
UAdditional Cable Franchise Ordinance") for the construction, operation or maintenance of a Cable
System pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise Ordinance
pursuant to which such Additional Cable Franchi..~e Ordinance is granted bestows benefits or imposes
burdens on the franchisee which, on balance, are materially more advantageous to such third party
than the benefits bestowed and burdens imposed on the Grantee by this Ordinance are to the Grantee,
then the Grantee may request that the Grantor make a determination to such effect and, in the event
of such a deternunatiod, renegotiate the tenns and conditions of this Ordinance as provided below.
The Grantee may only request such a determination if the Grantee is in substantial compliance with
the material provisions of this Ordinance.
In the event of such a request, the Grantor shall determine, under its standard procedures,
whether the Additional Cable Franchise Ordinance bestows benefits or imposes burdens on the third
party which, on balance, are materially more advantageous to the third party than the benefits and
burdens imposed by this Ordinance are to the Grantee.
In making a determination under this subsection, the Grantor may consider factors such as,
but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee,
including the Grantee; (ill) the number and density of dwelling units to be served; (iv) differences in
construction, operational and maintenance costs; (v) differences in required system characteristics,
including state-of-the-art requirements; (vi) differences in service obligations, including public,
educational and governmental access and institutional service requirements; (vii) differences in
pemlitted company fees and charges; and (viii) such other factors and considerations as it considers
to be relevant to an inquiry into the overall economic comparability of the agreements.
If the Grantor determines that the Additional Cable Franchise Agreement bestows benefits
cwfranagr,006
5
...
-
and imposes burdens on the third party which, on balance, are materially more advantageous to the
third party than the benefits bestowed and burdens imposed by this Ordinance are to the Grantee, then
upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to
seek to modify this Ordinance to bestow benefit') and impose burdens which, on balance, create
overall economic comparability between this Ordinance and the Additional Cable Franchise
Agreement.
(E) Nothing in this Ordinance shall be construed to prohibit the Grantor from (i) operating
as a multichannel video progran1l11ing dL'itributor in the Franchise Area, notwithstanding the granting
of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate
as a multichannel video programming distributor.
(F) Nothing in this Ordinance shall (i) abrogate the right of the Grantor to perfonn any
public works or public improvements of any description, (ii) be construed as a waiver of any codes
or ordinances of the Grantor or of the Grantor's right to require the Grantee or any Person utilizing
the System to secure the appropriate permits or authorizations for such use, or (Ui) be construed as
a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or
part of the Rights-of-Way within the Franchise Area are eliminated, discontinued and closed, the
Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action
of the Grantor with respect thereto.
(G) Nothing in this Ordinance authorizes the Grantee to provide noncable services.
Consistent with applicable law, the Grantee may petition the Grantor for the authority to provide
noncable services, and the Grantor may grant such authority on terms and conditions that the Grantor
reasonably determines are appropriate in the circumstances.
Section 5 -- Term of Franchise
(A) The Franchise and rights herein granted shall take effect and be in force from and after
the final passage hereof, as required by law and upon the filing of an acceptance by Grantee of all the
terms thereof with the Grantor and shall, unless sooner terminated pursuant to this Ordinance or
applicable law, continue in force and effect for a term of ten (10) years after the effective date of this
Franchise.
(B) Subject to Section 626 of the Cable Act (47 V.S.C. ~ 546), tile Grantor reserves the
right to grant or deny renewal of the Franchise.
Section 6 -- Compensation and Other Payments
(A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the
Grantor the atnounts set forth in this Section 6(A)--
cwfranagr.006
6
(1) The Grantee shall pay to the Grantor franchise fees of five percent (5%) or the
maximum amount penllitted by the Cable Act if hereafter adopted by resolution of the
Grantor.
(2) All such payn-ents of franchise fees shall be made on a quarterly basis and shall
be remitted simultaneously with the submission of the Grantee's quarterly report required
pursuant to Section 6(A)(3).
(3) The Grantee shall submit to the Grantor a report, in such form and containing
such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last
day of each quarter throughout the term of this Ordinance setting forth the Gross Revenue
for the preceding quarter.
(4) No acceptance of any franchise fee payment by the Grantor shall be construed
as an accord and satisfaction that the amount paid is in fact the correct amount for a release
of any claim that the Grantor may have for further or additional sums payable under this
ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor.
If, as a result of such audit or any other review, the Grantor determines that the
Grantee has underpaid its fees in any twelve (12) month period by ten percent (10%) or more,
then, in addition to making full payIrent of the relevant obligation, the Grantee shall reimburse
the Grantor for all of the reasonable costs associated with the audit or review, including all
reasonable out-of-pocket costs for attorneys, accountants, and other consultants.
(5) If the Grantee collects from Subscribers any amounts to be paid to leased
access progrannrers for the provision of Services on the System that would not otherwise be
included in the defmition of Gross Revenue, the Grantee shall deduct the same percentage
from such amounts as the then-applicable franchise fee percentage pursuant to Section
6(A)( 1) and include such deducted amounts in its payment to the Grantor pursuant to this
Section 6(A) and include such payments in its report pursuant to Section 6(A)(3).
(6) The Grantee shall ensure, through contract or other arrangement, that any
Person other than the Grantee who collects from Subscribers amounts that would constitute
Gross Revenue if received directly by the Grantee (~.g., from a Person who leases a channel
pursuant to Section 612 of the Cable Act) is required to remit to the Grantor quarterly a
percentage of such amounts collected which is equal to the then-applicable franchise fee.
Such contract or arrangeIrent must also require the Person to submit a quarterly report which
rreets the requirerrents of Section 6(A)(3) and must entitle the Grantor to enforce the fee and
reporting requirements directly against the Person.
(B) The parties agree that the compensation and other payments to be made pursuant to
this Section 6 and any other provision of this Ordinance are not a tax and are not in the nature of a
tax and are in addition to any and all taxes of general applicability or other fees or charges (including
cwfranagr.006
7
any fees or charges which may be impo~cd on the Grantee for the use of poles, conduits or similar
facilities that l11ay be owned or c..:ontrolled by the Grantor) which the Grantee or any Affiliated Person
shall be required to pay to the Grantor.
(C) If any paY1n~nt required by this Ordinance is not actually received by the Grantor on
or before the applicable date fixed in this Ordinance or by the Grantor, the Grantee shall pay interest
thereon, from the due date to the date paid at a rate of one percent (1 %) per month, compounded
monthly, for the perioc1 of delinquency.
(D) In the event the Grantee continue.s to operate all or any part of the System after the
tenn of the Franchise, then the Grantee shall continue to comply with all applicable provisions of this
Ordinance, including, without limitation, all compensation and other payment provisions of this
Ordinance, throughout the period of such continued operation, provided that any such continued
operation shall in no way be construed as a renewal or other extension of the Franchise.
(E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a
grant in the amount of Fifty Thousand Dollars ($50,000.00) to be used to reimburse the reasonable
costs incurred by the Grantor for the services and expenses of third parties (including, but not limit
to, attorneys and other consultants) in connection with the award of the Franchise effected by this
Ordinance, or by Grantor for any other lawful purpose. The Grantee shall pay, in a manner
satisfactory to the Grantor, an amount equal to the costs and expenses which the Grantor incurs in
the future for the services of third parties (including, but not limited to, attorneys and other
consultants) in connection with any future renegotiation, transfer, amendment, renewal or other
modification of this Ordinance or the Franchise (where such action is initiated or supported by the
Grantee or an Affiliated Person) at such time and in such manner as the Grantor shall specify.
Section 7 -- The System
(A) The Grantee shall construct, operate, maintain, and upgrade the System as provided
in this Ordinance.
(B) The Grantee shall build the System on the schedule and as otherwise provided in
Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-eight
(78) activated downstream video Channels, and a minimum upstream capacity of thirty-five (35) Mhz,
an emergency override mechanism, and the other characteristics set forth on Appendix A.
(C) The Grantee shall construct, operate, maintain and upgrade the System such that it
is capable of transmitting and receiving signals to and from any other Cable System in the City of
Clearwater.
(D) The Grantee shall comply with the terms set forth in Appendix B in connection with
all work involved in the construction, operation, maultenance, repair, upgrade, and rCJnoval of the
cwfranagr.006
8
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System, in addition to any other requiren~nts or prot:edures reasonably specified by the Grantor. All
work involved in the construction, operation, maintenance. repair, upgrade. and removal of the
System shall be periormed in a safe, thorough and reliable manner using materials of good anJ
durable quality. If, at any time, it is determined by the Grantur or any other agency or authority of
competent juri..l.idiction that any part of the System, including. without limitation, any means used to
distribute Signals over or within the System, is harmful to the health or safety of any Person, then the
Grantee shall. at its own cost and expense. promptly correct all such conditions.
(E) Neither the Grantor nor its officers. employees, agents, attorneys, consultants or
independent contractors shall have any liability to the Grantee or any Affiliate Persoll for any liability
unless such liability arises because of the willful misconduct or gross negligence, as a result of or in
connection with the protection, breading through, movement, removal, alteration, or relocation of
any part of the System by or on behalf of the Grantee or the Grantor in connection with any
emergency, publk work. public iIl1proven~nt, alteration of any municipal structure, any change in the
grade or line of any Street, or the elimination, discontinuation, and closing of any Street, as provided
in this Ordinance.
(F) Performance Bond
(1) To guarantee the timely construction of the System and of any upgrade
undertaken during the term of this Ordinance, to ensure that the operation of the System
continues in an orderly and uninterrupted rnanner in the event of a default by the Grantee, and
for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and
shall maintain throughout the term of this Ordinance, a performance bond solely for the
protection of the Grantor, with a corporate surety and trust company acceptable to the
Director, as provided in this Section.
(2) The perfonnance bond shall be in a face amount of One Hundred Thousand
Dollars ($100,000.00).
(3) The performance bond shall indemnify the Grantor, up to the full face amount
of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and
to maintain operation of the System following a tennination of this Ordinance up to the date
upon which the face amount of the bond, plus all net revenue actually received through the
continued operation of the System during said period, have been exhausted; (ii) any loss or
damage to any municipal structure during the course of any construction or operation of the
System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result
of the Grantee's fJilure to perfonn its obligations pursuant to this Ordinance; (iv) the removal
of all or any part of the System from tlle Rights-of-Way; (v) the payment of compensation set
forth in this Ordinance; (vi) the payment of premiums for the liability insurance required
pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor
at the termination of this Ordinance, at the election of the Grantor, pursuant to this
Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable
cwfranagr.006
9
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pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any
other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x)
any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's
obligations under this Ordinance.
(4) The performance bond shall be in a fonn approved by the Director. Such
approval shall not be unreasonably withheld. Such bond shall provide that it may not be
canceled without the consent of the Grantor. The Grantor will be given Sixty (60) days
written notice by registered mail, return receipt requested of intent to cancel or not renew this
bond.
(5) The faithful perfonnance by and the liability of the Grantee pursuant to this
Ordinance shall not be limited by the acceptance of the bond required by this Section 7(F).
(6) TIlroughout the term ofthLIl Ordinance, or for as long as the Grantee operates
the System, which ever period is longer, and for at least ninety (90) days thereafter, the
Grantee shall maintain the performance bond in the amount specified in this Section 7(F)(2).
Within fifteen (15) business days after receipt of notice from the Grantor that any amount has
been withdrawn from the performance bond, as provided in this Section, the Grantee shall
restore the performance bond to the amount required pursuant to Section 7(F)(2), provided
that said restoration obligation shall be suspended during the period of any judicial challenge
by the Grantee to the propriety of said withdrawal from the performance bond. If a court
determines that said withdrawal by the Grantor was improper, the Grantor shall restore the
improperly withdrawn amount to the perfonnance bond.
(7) The Grantor shall have the right to withdraw amounts from the perfonnance
bond to cure any breaches of obligations for which the performance bond acts a security,
provided, however, that the Grantor shall not make any withdrawals by reason of any breach
for which the Grantee has not been given written notice and an opportunity to cure pursuant
to Section 15 of this Ordinance, including notice that the Grantor may make a withdrawal
from the performance bond. The withdrawal of amounts from the performance bond shall
constitute a credit against the amount of the applicable liability of the Grantee to the Grantor
but only to the extent of said withdrawal.
Section 8 -- Service Obligations
(A) Grantee shall make service available to any subscriber within the City upon
subscriber's request and at the standard connection charge if the connection requires no more than
a one hundred fifty (150) foot aerial or underground drop (hereinafter the "Standard Drop"),
measured from the new subscriber's residence or place of business to Grantee's nearest activated
coaxial distribution line, and includes one (1) outlet and standard mateIials.
cwfranagr.006
10
(B) If making servicc available rcqu ires more than a S williard Drop (such as a wall fish
instr\lIation). Grantee may, after so informing the subscriber. ~harge the subscriber (i) the standard
connection charge and (ii) an amount equal to the reasonable actual labor (including wages, benefits
and paYroll taxes), material and other costs incurred by Grantee for the additional facilities and work
(including a reasonable allowance for overhead); in the alternative, Grantee may charge an
appropriate hourly service charge for the entire installation. Extension to new subdivisions or
developments within the Franchise Area shall be commenced within thirty (30) days after a request
for service and servi~e shall be activated within ninety (90) days, unless the Grantor consents to some
other time period.
(C) In addition to the obligations set forth in Section SeA) and 8(B) above, for requests
of service by commercial, industrial, and non-residential customers requiring more than a Standard
Drop, Grantee shall, within one hundred twenty (120) days following a request for service from any
potential commercial, industrial or non-residential customer. estimate the costs per customer of
supplying services to all the potential contiguous customers within an area reasonably defined by
Grantee, including the potential customer requesting service. Grantee shall (i) provide the potential
customer requesting service with a written estimate of the costs of providing that customer with
service, along with an statement 1113t such costs shall only apply if all (or a specified percentage) of
the other potential comn"ercial, industrial or non-residential customers in the service area defined by
Grantee also request comparable service, and (ii) offer to provide the potential customer requesting
service as well as all the other potential contiguous customers, with a list of the names and addresses
of all the potential customers in the area defined by Grantee. If the potential customer requesting
service asks Grantee in writing for such a list of names and addresses, Grantee shall, at its cost,
provide the potential customer requesting service and all the other potential customers in the defined
service area with a copy of such written estimate of costs and the names and addresses of all such
potential customers in the defined service area, thereby enabling the potential customer requesting
service and all the other potential customers in the defined area jointly to agree to obtain service at
the lowest possible group rates; provided, however, that Grantee shall only be required to provide
such a list of nanes and addresses if a commercial service is reasonably available to provide Grantee
with such a list Grantee may require that such customer or customers enter contracts which will
reasonably assure adequate revenues to provide Grantee with recovery of the full costs and expenses
of constructing and operating the line extension, including a reasonable return on investment over the
first five years of operation. Grantee shall provide the City with one (1) copy of the written cost
estimates and any list of names and addresses of potential customers provided to the potential
customer requesting service.
(0) Throughout the tenn of the Franchise, the Grantee shall endeavor to offer to all
Subscribers a diversity of video programnung services.
(E) The Grantee shall not discriminate or permit discrimination between or among any
Persons in the availability of Services. It shall be the right of all Persons to receive continuously all
available Services insofar as t11eir financial and other obligations to t11e Grantee are satisfied.
cwfranagr.006
11
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(F) The Grantee shall provide a standard service drop from the subscriber network to one
point detem1ined by the City in each City building, fire station, community center, library, and other
public facilities, as they develop within the City, and to one point detennined by each educational
institution for each public primary, middle, secondary, higher education and technical school located
within the Grantee's service areas, including schools constructed subsequent to the effective date of
this Ordinance, with cable service including the basic service tier containing over-the-air local
broadcast stations and all public, educational and govem~ntal access channels required to be carried
on basic, together with the immediately subsequent tier of progranuning (if any) containing basic
satellite services (such as CNN, Discovery, ESPN and USA), but excluding any subscriber equipment
and subsequent or higher tier of programming, including a la carte services, premium and related
services (such as DMX, Disney, HBO and Showtime) and any pay-per-view or per-event
progranm1ing (such as Action, Request or Viewer's Choice). Such cable service shall be provided
without charge and at no monthly service charge for the first connection or drop, and with additional
outlets to be provided to any public faei lities at the request of the City Manager at the cost of labor
and materials; provided, however, (i) that each such facility be located within 150 feet of Grantee's
existing activated coaxial distribution system; (ii) that wiring provided for facilities beyond 150 feet
of Grantee's activated distribution system be provided at Grantee's cost for the portion beyond 150
feet; (iii) that Grantee is able to secure all necessary rights-of-way upon reasonable terms and
conditions; (iv) that the location of the outlet provided with basic service is reasonably positioned in
relation to the entry point of the drop into the facility; (v) that Grantee not be required to relocate any
existing outlet in any public facility now provided with free basic service; (vi) that Grantee be required
to provide such service to government employees, but not transient members of the public, in police
stations providing overnight occupancy; (vii) that Grantee be required to provide such service to
municipal or public facilities, but not to private for-profit or non-profit hospitals or other
organizations; and (viii) that wiring provided by Grantee for additional outlets, if not installed by the
City or the recipient of such additional outlets, shall be provided by Grantee on the basis of actual
costs for labor and materials, together with a reasonable allowance for overhead not to exceed fifteen
percent (15%), and Grantee shall provide the recipient of such wiring with a written estimate of such
costs in advance of installation. The public and educational buildings to be served by Grantee under
this Section include, at a lninimum, the following buildings:
1.
City of Clearwater Services Complex
100 S. Myrtle Ave.
6.
Pinellas County Utilities Building
14 S. Fort Harrison
2.
City of Clearwater Police Department
200 S. East Ave.
7.
PinelIas County Courthouse
315 Court St.
3.
City of Clearwater Fire Department
610 Pierce St.
8.
Pinellas County
310 Court St.
4.
City Hall
I 12 Osceola Ave.
9.
Pinellas County
440 Court St.
cwfranagr .006
12
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5.
Harabor View Ccnter
300 Cleveland SL
10.
Clearwatcr Public Library
100 Osceola Ave.
Section 9 -- Ijublic Services
(A) In accordance with Section 611 of the Cable Act (47 U .S.C. ~ 531), the Grantee
agrees to provide Channel capacity to be designated for public, educational or governmental ("PEG")
use and related equipment and facilities, services and/or financial support for the development and
use of PEG access as provided in Appendix C.
(B) The Grantee shall also provide capital grants and ongoing support payments of the
acquisition, lease or other provision or use of PEG access facilities and equipment as provided in
Appendix C.
Section 10 -- Institutional Network
The Grantee's obligations with respect to the Institutional Network shall be in accordance
with Appendix D.
Section 11 -- F~es and Charges
(A) General requirements--
(1) The Grantee shall comply at all tirres with the provisions of the Cable Act and
FCC rules and regulations applicable to rates and charges for any Service and the associated
terms and conditions for the provision of any Service.
(2) During the term of this Ordinance, the Grantee shall maintain with the Grantor
a complete listing of fees, charges, deposits and associated tenns and conditions for all
Services.
(3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and
associated terms and conditions for any Service provided pursuant to this Ordinance to the
fullest extent permitted by applicable law.
(B) In addition to the requirements set forth in Section 7.1 of Appendix E to this
Ordinance, not less than thirty (30) days prior to the effective date of any change in any fee, charge,
deposit, term or condition (or such shorter period as may upon a showing of good cause be approved
by the Responsible Franchising Official), the Grantr,c shall (i) submit a revised listing of fees, charges,
cwfranagr .006
13
deposits and associated tenn~ and conditions to the Responsible Franchising Official and (ii) provide
written notice of the proposed change to each affected Subscriber.
(C) The Grantee shall not discriminate or permit discrimination between or among any
Persons in the rates, tenns and conditions for any Service, except as set forth below. The foregoing
requirement" shall not prevent the use of: (i) different charges for residential Subscribers than for
nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and
other short-term discounts or reduced charges; (iii) reasonable discounts or reduced charges to senior
citizens or other economically disadvantaged groups; or (iv) bulk rate arrangements.
Section 12 -- Customer Service;
Subscriber Bills; and Privacy Protection
(A) The Grantee agrees to comply in all respects with the requirements of the customer
service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all
rules and regulations established by the FCC pursuant to Section 632 of the Cable Act (47 V.S.C.
g 552).
(B) The Grantee shall comply at all times with the provisions of the Cable Act and FCC
rules and regulations applicable to Subscriber bills, including, but not limited to, the format and
itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading.
(C) The Grantee shall comply at all times with the Subscriber privacy provisions of the
Cable Act or other applicable law. The Grantee shall cooperate with the Grantor so as to ensure the
Grantor's ability to enforce the terms and conditions of this Ordinance by providing, upon the request
of the Responsible Franchising Official, such Subscriber information as may be reasonably requested
by the Responsi ble Franchising Official.
(D) The grantee shall comply at all times with FCC rules and regulations applicable to
Subscriber equipment and equipment compatibility.
Section 13 -- Oversight and Regulation
(A) The Grantor shall have the right to oversee, regulate, and periodically inspect the
construction, operation, maintenance and upgrade of the System, and aU parts thereof, in accordance
with the provisions of this Ordinance and applicable law, mcIuding the Grantor's police power.
(B) When reasonably necessary to the administration or enforcement of the Ordinance,
and at the request of the Grantor, the Grantee shall promptly submit to the Grantor such information
as the Grantor may request regarding the Grantee, its financial statements or other financial
cwfranagr.006
14
information. its compliance with any term or condition of this Ordinance, with respect to the System
or its operation, any Service distributed over the System, or any activity or function associated with
the production or distribution of any Service over the System.
(C) Throughout the term of the Agreement. the Grantee shall maintain in the Franchise
Area. or make available in the Franchise Area within fifteen (15) business days. complete and accurate
books of account and records regarding the Grantee's ownership and operation of the System and
the provision of Services over the System~ including without limitation, books of account and records
adequate to enable the Grantee to demonstrate that it is, and throughout the term of this Ordinance
has bee, in compliance with this Ordinance. All such documents pertaining to financial matters which
may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of three
(3) years following termination of this Ordinance.
(D) The Grantor's rights of inspection and audit shall incIude--
( 1) Upon notice to the Grantee, the Grantor or its designated representatives, shall
have the right to examine, when reasonably necessary to the administration or enforcement
of the Ordinance in the Franchise Area, all books and records pertaining to the Grantee's or
any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated
Person's provision of Services over the System. Further, during nomlal business hours and
upon notice to the Grantee, the Grantor or its designated representatives may inspect and
examine any other aspect of the Sy<;tem, including facilities and equipment thereof.
(2) Access by the Grantor to any of the documents, records or other information
covered by this Section 13(D) shall not be denied by the Grantee on grounds that such
docunlents, records or infom1ation are alleged by the Grantee to contain proprietary
information, provided that this requirement shall not be deemed to constitute a waiver of the
Grantee's right to assert that the proprietary information contained in such documents,
records or other information, should not be disclosed and to withhold such information upon
the agreement of the Grantor. If the Responsible Franchising Official concurs with the
Grantee's assertion regarding the proprietary nature of such information, the Grantor will not
disclose such information to any Person, unless required by applicable law or order of
governmental authority. If the Responsible Franchising Official does not concur with such
assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies
within the Grantor in accordance with applicable laws and procedures. If the Grantor does
not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee
shall promptly provide such documents, including the alleged proprietary portion thereof, to
the Grantor, provided that the Grantee shall not be required to provide the proprietary portion
thereof during the pendency of any court challenge to such provision.
(3) The Grantor may conduct a full compliance audit and hold public hearings at
any time during the teIm of the Franchise, provided it gives the Grantee written notice ten
(10) days in advance of the commencement of such audits and associated hearings.
cwfranagr.006
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~ ... - - _. --
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Section 14 -- Restrictions Against
Assignments and Other Transfers
(A) The Grantee may not transfer the Franchise or any of the Grantee's rights or
obligations in or regarding the System or the Franchise to any person or entity not wholly owned by
GTE Corporation, either directly or through a wholly-owned subsidiary, without the prior written
consent of the Grantor. Such consent shall not be unreasonably withheld.
(B) No change in Control of the Grantee, the System or the Franchise to any person or
entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary,
shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of
the Grantee, the System or the Franchise, by operation of law, or otherwise, without the prior written
consent of the Grantor. Such consent shall not be unreasonably withheld.
(C) Any request for approval shall be handled by the Grantor in accordance with its
customary rules and procedures. In connection with any request for approval, the Grantee shall
submit to the Grantor such information as the Grantor may reasonably request.
Section 15 u Specific' Rights and Remedies
(A) The Grantee agrees that the Grantor shall have the specific rights and remedies set
forth in this Section 15. These rights and remedies are in addition to any and all other rights or
rerredies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and
will not be deemed waived by the exercise of any other right or remedy. The exercise of any such
right or ren~y by the Grantor shall not release the Grantee from its obligations or any liability under
this ordinance, except as expressly provided for in this Ordinance or as necessary to avoid duplicative
recovery from or payments by the Grantee.
(D) Events of default --
(1) The Grantee agrees that an Event of Default shall include, but shall not be
limited to, any of the following acts or failures to act by the Grantee:
(a) Any substantial failure to comply with any material provision of this
Ordinance that is not cured within thirty (30) days after notice pursuant to this
Section 15;
(b)
The occurrence of any event which may reasonably lead to the
cwfranagr.006
16
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foreclosure or other similar judicial or nonjudicial sale of all or any material part of the
System;
(c) The condemnation by a public authority other than the Grantor, or sale
or dedication under threat or in lieu of condellmation, of all or any part of the System,
the effect of which would materially frustrate or impede the ability of the Grantee to
carry out its obligations and the purposes of this Ordinance;
(d) In the event that the Grantee shall suspend or discontinue its business,
shall make an assignment for the benefit of creditors, shall fail to pay its debts
generally as they become due, shall become insolvent (howsoever such insolvency
may be evidenced), shall be adjudicated insolvent, shall petition or apply to any
tribunal for, or consent to, the appointment of, or taking possession by, a receiver,
custodian, liquidator or trustee or similar official pursuant to state or local laws;
(e) A persistent failure by the Grantee to comply with any of the
provisions, tenns or conditions of thL\:) Ordinance or with any rules, regulations, orders
or other directives of the Grantor after having received notice of a failure to comply.
(2) Upon the occurrence of an Event of Default, then, in accordance with the
procedures provided in Section 15(B)(3), the Grantor may, at any time during the term of this
Ordinance:
(a) Draw upon the Performance Bond, as pennitted by this Ordinance;
and/or
(b) Require the Grantee to take such actions as the Grantor deems
appropriate in the circumstances; and/or
(c) Seek money damages from the Grantee as compensation for such
Event of Default; and/or
(d) Seek to obtain the appointment of a court-appointed trustee or similar
Person to take any actions which the Grantor deems appropriate in the circumstances;
and/or
(e) Revoke the Franchise by termination of tillS Ordinance pursuant to this
Section 15; and/or
(f) Exercise any other remedies that may be available under applicable
law.
Upon the occurrence of an Event of Default under Section 15(B)(l)(f), the court's
cwfranagr .006
17
determination shall be deemed a final determination by the Grantor under Section 15(B )(3)
and in addition to pursuing any of the actions set forth in this Section 15(B )(2), the Grantor
may issue a directive to correct such cc)nditions, consistent with this OJ linance and the
determination of the court, without fullowing the procedural requirements of Section
15(8)(3 ).
(3) The Grantor shall exercise the rights provided 111 Section 15(B )(2) 10
accordance with the procedures set forth below:
(a) The Responsible Franchising Official shall notify the Grantee, in
writing, of an alleged Event of Default, which notice shall specify the alleged Event
of Default with reasonable particularity. The Grantee shall, within thirty (30) days
after receipt of such notice or such longer period of time as the Responsible
Franchising Official may specify in such notice, either cure such alleged Event of
Default or, in a written response to the Responsible Franchising Official, either
present facts and arguments in refutation or excuse of such alleged Event of Default
or state that such alleged Event of Default will be cured and set forth the method and
time schedule for accomplishing such cure.
(b) The Responsible Franchising Official shall detennine (A) whether an
Event of Default has occurred; (B) whether such Event of Default is excusable; and
(C) whether such Event of Default has been cured or will be cured by the Grantee.
(c) If the Responsible Franchising Official determines that an Event of
Default has occurred and that such Event of Default is not excusable and has not been
or will not be cured by the Grantee in a manner and in accordance with a schedule
reasonably satisfactory to the Responsible Franchising Official, then the Responsible
Franchising Official shall prepare a written report which may reconunend the action
to be taken by the Grantor's governing body. The Grantor shall provide notice and
a copy of such report to the Grantee. In the event that the Grantor's governing body
determines that such Event of Default has not occurred, or that such Event of Default
either has been or will be cured in a manner and in accordance with a schedule
reasonably satisfactory to the Grantor's governing body, or that such Event of Default
is excusable, such determination shall conclude the investigation.
(d) If the Grantor's governing body determines that such Event of Default
has occurred, and that such Event of Default has not been and will not be cured in a
manner and in accordance 'with a schedule reasonably satisfactory to the Grantor's
governing body, and that such Event of Default is not excusable, then the Grantor
may take any of the actions provi~ied in Section 15(B)(2).
(C) In the event of any termination of this Ordinance, whether by expiration (where the
Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may
cwfranagr.006
18
.... ~ ----~~~ -- -~ .... ~:..., J; """;;.""', .. :-_" . ~ . ," ,
(D) In addition to its rights under Section 15(C), upon any termination, the Grantor may
issue a rernoval order directing the Grantee to remove, at the Grantee's sole cost and expense, all or
any portion of the System from all Rights-of-Way and other public or nonpublic property within the
Franchise Area, subject to the following:
(i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of
this Ordinance and such additional terms and conditions as are equitable to the Grantor and the
Grantee, for a period of up to twelve (12) months~ or (ii) order the Grantee to cease all construction
and operational activities in a prompt and workmanlike manner.
(1) in r~moving the System, or any part thereof, the Grantee shall, at its own
expense, refill and compact any excavation it makes, and shall leave the Rights-of-Way and
other property, including utility cables, wires and attachments, in as good condition as that
prevailing prior to the Grantee's removal of the System;
(2) the liability insurance and indemnity provisions of this Ordinance shall remain
in full force and effect during the period in which the System is being removed and the
associated repairs to the Rights-of-Way and other property are being made; and
(3) if in the reasonable judgrrent of the Grantor, the Grantee fails to substantially
complete removal, including repair of the Rights-of-Way and other property within twelve
(12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to:
(A) authorize removal of the System, at the Grantee's cost, by another Person; and
(B) declare that all rights, title and interest to the System belong to the Grantor, including any
portion of the System not designated for rellloval, without compensation to the Grantee. The
Grantee shall execute and deliver such documents as the Grantor may request, to evidence
such ownership by the Grantor.
Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated
by the Grantor for removal during such twelve (12) month period, provided, however, that if the
Grantee fails to complete the removal of the portiones) of the System designated for removal by the
Grantor within such period, then all such portiones) of the System not disposed of and all amounts
collected for any portiones) of the System disposed of by the Grantee during such period shall belong
to the Grantor, with no price due to the Grantee.
(4) Upon any termination and as an alternative to ordering removal of the System,
the Grantor may acquire or effect a transfer to a third party of all or any part of the System
and all components thereof necessary to maintain and operate the System pursuant to the
terms of this Ordinance.
(5) The price to be paid to the Grantee upon an acquisition or transfer by the
Grantor shall depend upon the nature of the tennination as follows:
cwfranagr .006
19
(a) if the Franchise expires without the Grantee seeking removal or if the
renewal is denied, tJ1en the price shall be the fair market value of the System valued
as a going concern with cl deduction for the value allocable to the Franchise itself; and
(b) if the termination is due to a revocation of the Franchise for cause,
such as the occurrence of an Event of Default as provided in Section 15(B), the price
shall be an equitable price, considering the injury to the Grantor and the residents of
the City of Clearwater and with no value allocable to the Franchise itllelf.
(E) In the event of any acquisition, transfer or Abandonment pursuant to Section 15(0),
the Grantee shall:
(1) cooperate with the Grantor or third party in maintaining continuity in the
distribution of Services to Subscribers over the System;
(2) promptly execute all appropriate documents to transfer to the Grantor or third
party title to the System, all components necessary to operate and maintain the System, and
any rights, contracts, permits or understandings necessary to operate or maintain the System
including those necessary to the distribution of Services over the System. All items
transferred shall be transferred free of any liabilities, except for the interests in collateral of
lending mstitutions which are secured creditors or mortgagees of the Grantee with respect to
the transferred collateral at the time of transfer. With respect to such creditors, the Grantor
shall only be obligated to repay any outstanding amounts to the extent of the net operating
revenues received by the Grantor from its operation of the System; and
(3) promptly supply the Grantor or third person with all records necessary to
reflect the change in ownership and to operate and maintain the System.
(F) Notwithstanding any provisions to the contrary in this Section 15, Grantee may
tcnninate the Franchise and all of its obligations under this Ordinance and transfer all of its rights in
or to the System to its affiliated telecommunications company, GTE Florida Incorporated (uGTEFL")
under the following circumstances:
(1) At any time following sixty (60) days' prior written notice to the City (or such
shorter prior written notice as may be required under an applicable FCC or federal court
order) if, pursuant to an applicable final order by the FCC or a federal court, Grantee
determines in the exercise of its good faith legal judgment that it is prohibited by federal or
state law from acting as a cable operator within the City or otherwise complying with the
material terms of this Franchise Agreement.
(2) At any time following sixty (60) days prior written notice to the City, if
Grantee determines in the good faith exercise of its business judgment that developments in
applicable law or technology indicate that video consumers in the City can be better served
cwfranagr.006
20
by Grantee and/or its affiliate, GTEFL, through a mode of operation inconsistent with or not
within the scope of this Franchise.
(3) Within ninety (90) days after the end of five (5) years from the effective date
of this Ordinance, if at the end of such five (5) year period, Grantee does not then have
subscribers on its cablc system served by its headend facilities in the City equal to at least ten
percent (10%) of the total homes passed and capable of receiving service from such cable
system. Notice to terminate under this provision shall be given to the City in writing, with
such termination to take effect no sooner than one hundred and twenty (120) days after giving
such notice. Grantee shall also be required to give its then current subscribers not less than
ninety (90) days prior written notice of its intent to cease operations.
(0) In the event that Grantee tern1inates this Franchise and assigns or transfers its rights in
the System to GTEFL pursuant to tl1is Section 15(F), then GTEFL shall be entitled to utilize the
System for aU lawful purposes related to GTEFL's telecommunications business, in accordance with
GTEFL's existing grant of authority from Grantor pursuant to Ordinance No. 5757-95, as it may
hereafter be renewed or amended. After such a transfer, GTEFL's use of the System as a cable
system or an open video system. pursuant to sections 651 and 653 of the Telecommunications Act
of 1996, shall be subject to and conditioned upon the following:
(1) GTEFL negotiating in good faith the terms and conditions pursuant to which
GTEFL will be authorized to provide such service and such terms and conditions shall be, to
the extent authorized under applicable law and in compliance with any applicable common
carrier requirerrents, substantially similar to the provisions contained in this Ordinance, to the
extent that such provisions are consistent with the permissible operating business parameters
of the mode of GTEFL 's operation.
(2) Grantee, to the e}(tent Grantee becomes a video program provider utilizing
GTEFL's System, and to the extent authorized under applicable law and in compliance with
any applicable common carrier requiren~nts, negotiating in good faith an agreement with the
City, containing provisions substantially similar to the provisions contained in this Ordinance,
to the extent that such provisions are consistent with the permissible operating business
parameters of the new mode of Grantee's operation.
Section 16 -- Liability and Insurance
(A) Prior to cOlrurencen~nt of construction, but in 110 event later than sixty (60) days after
the effective date of the Franchise and thereafter continuously throughout the duration of the
Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates
of insurance, approved by the City, for all types of insurance required under this Section. Failure to
furnish said certificates of insurance in a timely manner shall constitute a violation of this Ordinance.
cwfranagr.006
21
(B) Neither the provisions of this Se(tion or any damages re(overed by the City hereunder,
shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for
damages.
(C) All insurance policies maintained pursuant to this Ordinance or the Franchise shall
contain the following, or a comparable, endorsement:
It is hereby understood and agreed that this insurance policy may not be canceled by
the insurance company nor the intention not to renew he stated by the insurance
company until thirty (30) days after rcceipt by the City Managcr, by certified mail, of
a written notice of such intention to cancel or not to renew.
(D) The franchise agreement and all contractual liability insurance policies maintained
pursuant to this Ordinance of the franchise shall include the following provisions:
The Franchisee/Grantee/Insured agrees to indenmify, save harmless and defend the
City of Clearwater, its officials, agents, servants, and employees, and each of them
against and hold it and them harmless fr.om any and all lawsuits, claims, demands,
liabilities, losses and expenses, induding court costs and reasonable attorney's fees for
or on account of any injury to any person, or any death at any time resulting from
such injury, or any damage to any property, which may arise or which may be alleged
to have arisen, whether in whole or in part, out of or in connection with the actions
or omissions of the grantee.
(E) All insurance policies provided under the provi~ions of this Ordinance or the Franchise
shall be written by companies authorized to do business in the State of Florida, and approved by the
State Department of Insurance.
(F) The City shall be mured as an additional narred insured on all general liability policies
issued to the Grantee.
(G) To offset the effects of inflation and to reflect changing liability limits, all of the
coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase
at the end of every three (3) year period of the Franchise, applicable to the next three year period,
upon the detemunation of the City: provided at no time shall the grantee be required to provide
insurance in amounts of coverage which exceed that commonly provided throughout the Tampa Bay
area by (able operators.
(H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any
Franchise granted hereunder specifically agree that it will maintain throughout the term of the
Franchise, general liability insurance insuring the Grantee in the minimum of:
(1)
$500,000 for property damage per occurrence;
cwfranagr .006
22
..', ' .' ',-' " -..... :,:- "". ~' ..... """ " .'/'.'. "'-', .. '..
(2) $500,O()() for property damage aggregate;
(3) $1,000,000 fur personal bodily injury or death to anyone person; and
(4) $3,000,000 bodily injury or death aggregate per single accident or occurrence.
(I) Such generalliabi lity must include coverage for all of the following: comprehensive
form, premises-operations, explosion and collapse hazard, underground hazard, products/completed
operations hazard, contractual insurance, broad form property damage, and personal injury.
(1) Automobile Liability Insurance. 111e Grantee shall maintain, and by its acceptance of
any Franchise granted hereunder specifically agrees that it will maintain throughout the tenn of the
Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum
amount of:
(1) $1,000,000 for bodily injury and consequent death per occurrence;
(2) $1,000,000 for bodily injl1ry and consequent death to anyone person;
(3) $500,000 for property damage per occurrence.
(K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall
maintain and by its acceptance of any Franchise granted hereunder specifically agrees that it will
maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid
in the State, in the minimum arnount of:
(1) Statutory limit for Worker's Compensation.
(2) $500,000 for employer's liability.
Section 17 -- Subsequent Action
(A) The Grantor and the Grantee hereby respectively waive any and all rights, other than
constitutional rights, at any time or in any manner or proceeding, to challenge this Ordinance or the
validity of any ternl or provision of this Ordinance; provided, however, that the Grantor or the
Grantee may challenge any provision of this Ordinance based on a change in law, should the law
pertaining to that particular provision change subsequent to the execution of this Ordinance. The
Grantee agrees that it will not challenge the Grantor's authority to enter into this Ordinance as of the
effective date hereof.
(B) In the event that, after the Effective Date, any court, agency, commission, legislative
body, or other authority of competent jurisdiction: (A) declares this Ordinance invalid, in whole or
cwfranagr.006
23
in part. or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any
provision of this Ordinance or (b) cease perionning uny act re4uired by any provision of this
Ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this
Ordinance, so as to enuble the Grantee to perfon11 obligations and provide Services for the benefit
of the Grantor and others equivalent to those immediately prior to such declaration or requirement.
to the maximum extent consistent with said declaration or requirement. In connection with such
negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that
time are such that the Grantee should continue to perform such obligations or their equivalent.
(C) To the extent that any statute, rule, regulation, ordinance or any other law is enacted,
adopted, repealed, amended, nlodified, changed or interpreted in any way during the term of this
Ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the
community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this
Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption,
repeal, amendment, modification, change or interpretation.
Section 18 -- .Miscellaneous
(A) Controlling Authorities. This Ordinance is made with the understanding that its
provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local
laws, ordinances, and regulations.
(B) Appendices. The Appendices to this Ordinance, attached hereto, and all portions
thereof and exhibits thereto, are, except as otherwise specified in such Appendices, incorporated
herein by reference and expressly made a part of this Ordinance.
(C) Enforceability of Agreement: No Opposition. By execution of this Ordinance, the
Grantee acknowledges the validity of the tern1S and conditions of this Ordinance under applicable law
in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any
forum that this Ordinance, the Franchise~ or the processes and procedures pursuant to which this
Ordinance was entered into and the Franchise was granted are not consistent with the applicable law
in existence on the Effective Date.
(D) Notices. All notices shall be in writing and shall be sufficiently given and served upon
the other party by first class mail, registered or certified, return receipt requested, postage prepaid,
and addressed as follows:
THE GRANTOR:
City of Clearwater
P.O. Box 4748
112 S. Osceola Avenue
Clearwater, FL 34618-4748
Attn: City Manager
CWFRANAG.OO6
24
With a copy to:
City of Clearwater
P.O. Box 4748
112 S. Osceola Avenue
Clearwater, FL 34618-4748
Attn: City Attorney
THE GRANTEE:
GTE Media Ventures Incorporated
600 Hidden Ridge HQE04G06
P.O. Box 152092
Irving, TX 75015-2092
Attn: President
With a copy to:
GTE Telephone Operations
600 Hidden Ridge HQE04H07
P.O. Box 152092
Irving, TX 75015-2092
Attn: Vice President, General Counsel
(E) police Powers. In accepting this Franchise, the Grantee acknowledges that its rights
hereunder are subject to the police powers of the Grantor to adopt and enforce general ordinances
necessary to the safety and welfare of the public; and it agrees to comply with all applicable general
laws and ordinances enacted by the Grantor pursuant to such power.
Any conflict between the provisions of this Franchise and any other present or future lawful
exercise of the Grantor's police powers shall be resolved in favor of the latter, except that any such
exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's
System or Cable Communications Systems which contain provisions inconsistent with this Franchise
shall prevail only if upon such exercise, the Grantor finds an emergency exists constituting a danger
to health~ safety, property or general welfare or such exercise is mandated by law.
(F) Binding Effect. This Ordinance shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and permitted transferees and assigns. All of the
provisions of this Ordinance apply to the Grantee, its successors, and assigns.
(0) No Waiver: Cumulative Remedies. No failure on the part of the Grantor to exercise~
and no delay in exercising, any right or rerredy hereunder including~ without limitation, the rights and
remedies set forth in Section 15 of this Ordinance, shall operate as a waiver thereof, nor shall any
single or partial exercise of any such right or remedy preclude any other right or remedy, all subject
to the conditions and limitations established in this Ordinance. The rights and remedies provided
herein including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance,
are cumulative and not exclusive of any remedies provided by law, and nothing contained in this
CWFRAN^G.OO6
25
OrdimUlce shall impair any of the rights or rcmcdics of thc Grantor undcr applicable law, subject in
each case to the terms and conditions of this Ordinance.
(H) Severability. If any section, subsection, sent~nce, clause, phrase, or other portion of
this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency,
commission. legislative blxly, or other authority of competent jurisdiction, such portion shall be
deemed a separate. distinct, and independent portion. Such declaration shall not affect the validity
of the remaining portions hereof, which other portions shall continue in full force and effect.
(I) No Agency. The Grantee shall conduct the work to be performed pursuant to this
Ordinance as an independent contractor and not ,as an agent of the Grantor.
(]) Governing Law. This Ordinance shall be deemed to be executed in the City of
Clearwater, Florida, and shall be governed in all respects,-including validity, interpretation and effect,
and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered
into and to be performed entirely within that State.
(K) .survival. All representations and warranties contained in this Ordinance shall survive
the term of the Agreement.
(L) Delegation of Grantor Rights. The Grantor reserves the right to delegate and
redelegate, from time to time, any of its rights or obligations under this Ordinance to any body,
organization or official. Upon any such delegation or redelegation, references to "Grantor" in this
Ordinance shall refer to the body, organization or official to whom such delegation or redelegation
has been made. Any such delegation by the Grantor shall be effective upon written notice by the
Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee
shall be bound by all temlS and conditions of the delegation not in conflict with this Ordinance. Any
such delegation, revocation or redelegation, no matter how often made, shall not be deemed an
amendment to this Ordinance or require any consent of the Grantee.
(M) Claims Under Agreement. The Grantor and the Grantee, agree that, except to the
extent inconsistent with Section 635 of the Cable Act (47 U.S.C. ~ 555), any and all claims asserted
by or against the Grantor arising under this Ordinance or related thereto shall be heard and
detennined either in a court of the United States located in Tampa, Florida ("Federal Court") or in
a court of the State of Florida located in the City ("Florida State Court"). To effectuate this
Ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee
in Federal Court or in Florida State Court, service of process may be made on the Grantee either in
person, wherever such Company may be found, or by registered mail addressed to the Grantee at its
office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee
may provide to the Grantor in writing.
(N) Modification. Except as otherwise provided in this Ordinance, any Appendix to this
Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance,
CWFRANAG.OO6
26
shall be arrended or otherwise ffiJdified, in whole or in part, except by an instrument, in writing9 duly
executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the
Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by
applicable law.
(0) ~lays and Failures Beyond Control of Grantee. Notwithstanding any otJ1er provision
of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform,
in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war
(whether an actual declaration of was is n1ade or not), insurrection, riot, act of public enemy, accident
fue, flood or other act of God, technical failure, sabotage or other events, where the Grantee has
exercised all due care in the prevention thereof, to the extent that such causes or other events are
beyond the control of the Grantee and such causes or events are without the fault or negligence of
the Grantee. In the event that any such delay in performance or failure to perform affects only part
of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to
do so and shall take all steps within its power to correct such cause(s). The Grantee agrees that in
correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as
possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by
this Section within five (5) business days of the date upon which the Grantee learns of its occurrence.
Section 19 -- Acceptance
Grantee shall signify its acceptance of the Franchise terms in writing prior to the City
Commission's approval of this Ordinance by filing such written acceptance with the City Clerk.
, .
CWFRANA G.OO6
27
Section 20 n Effective Date
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING'
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
ATTEST
Cynthia E. Goudeau, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Pamela K. Akin, City Attorney
CWFRANAG.OO6
28
APPENDIX A
THE SYSTEM
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CWAPP.OO5
0503961158
APPENDIX A
THE SYSTEM
1. SYSTEM AND CAPACITY
a. System Design. The cable system shall be built to a 750 MHZ design
with no more than five hundred (500) homes passed and 6 homerun fibers from the
headend or hub to each node. The plant hardware shall be 1 GHz passives, 1 G Hz
taps (1 GHz active platforms). 750 MHz amplifiers and other actives, and 60 volt
powering. The system shall be capable of 79 analog channels (50 to 550 MHz), with
200 MHz being reserved for future use including. but not limited to, digital transmission
(550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The
system shall use all new fiber optics, coaxial cable and electronic and passive devices.
Notwithstanding the above, Grantee may lease fiber from a third party to integrate into
the cable system whenever teChnically feasible. The system shall be designed so that
ninety-five percent (950/0) of the time there are no more than two (2) line extenders in
cascades and no more than three (3) system amplifiers in cascade. All aerial system
amplifiers shall incorporate pilot controlled AGe level control.
The system shall be designed and constructed in accordance with the standards
listed below, and the fiber cable shall have not more than 7.4 dB of loss between the
distribution CO and the fiber terminal. The following design specifications shall be
adhered to. The system shall be operated in accordance with performance standards
which meet FCC regulations and specifications. After the system is constructed in
compliance with this section and the design standards below. The Grantee's
compliance with the performance standards of the FCC shall constitute compliance with
the ongoing technical standards required by this Agreement.
System Design - Minimum
C/N
XMOD
CTB
CSO
HUM
47 dB
53 dB
53 dB
53 dB
30/0
b. Construction Oversight. Grantee shall oversee the construction. The
oversight shall be headed by a Construction Manager with field engineers and field
planning/quality control persons dedicated to the construction project. One hundred
percent (1000/0) of the system shall be visually inspected to insure compliance and ten
percent (100/0) of all work shall be tested by the system operator and system
technicians. If during testing or inspection, the Grantee finds the quality of work to be
substandard, the Grantee shall use its best efforts to take the necessary corrective
CWAPP 005
- 2 .
050J9611 56
action in a timely manner. Grantee shall contact in person or by telephone ten percent
(100/0) of the subscribers to assess the quality of the work performed and any
construction problems. The general contractor building the system shall supervise any
components of the system construction undertaken by independent contractors.
c. Compliance with Applicable Law. In construction, operating and
maintaining the system, Grantee shall at all times comply with this Agreement and all
applicable laws and regulations.
d. Subscriber Drops. All subscriber drops in the City shall meet the
standards of the National Electric Code or the design specifications in A above. Each
drop shall be tested by inserting a test signal at the upper end of the frequency
spectrum (550 MHZ). The system shall be designed to allow each subscriber drop to
provide service to two (2) television outlets.
e. Equipment Quality. Equipment used for the distribution system, headend
and reception facilities shall be of good and durable quality and be serviced and
repaired on a regular basis and shall at all times be of equal or better quality than the
following equipment.
Pair & Size
Elber Optics:
AT&T - 4 DSX (armored) - BXD
- 4 DNX - BOX
- 4 GSX (armored) - BXD
- 4 GNX - BXD
.c.ab.le: Aerial: Comscope QR540 (feeder to the home), QR860
(express)
Underground: Comscope QR540 and QR860
Drop: Com scope RG6 & RG 11
Iru.ok..Arnp1if:
General Instruments, 4 Hybrid Output.
Powering Doubling, 750 MHZ
General Instruments - AGe (Automatic Gain Control)
Capable LX
Power Guard Standby Battery Supplies,
6 amp 12 amp 15 amp
~:
Power Supplies:
.5Qli1ters:
~:
General Instrument - SSP-K
General Instrument FFT-K
Connectors:
Gilbert
- GAS-540
- GAS-860
CWAPP.OO5
- 3-
0503961158
.E.e.de.s1als :
Channel SPH Series
Converters or Other SU~Quipment: General Instrument
CFT2200, DCT1000
Satel.l11e.-Receive Stations: Scientific Atlanta Satellite Disk 4.5 Meters Noise
Block Converters
General Instrument Receivers Video Cipher II +
DSR1500 IRD
f. Converters. Grantee shall provide the converters specified in this
Agreement to subscribers utilizing converters upon subscription to the system. Grantee
shall not scramble the basic tier. .
g. Emergency Alert. Grantee shall provide an all-channel audio-only
emergency alert system for use by the City. The emergency alert system shall be
tested at least twice each year. The Grantee shall provide an automatic tome that shall
commence emergency broadcast. Emergency messages shall be able to be initiated
from any touch-tone phone with an access code. The emergency alert service shall be
upgraded throughout the Franchise term as set forth in FCC rules, regulations. or
guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term
of this agreement the capacity for the City to access the emergency alert system and
shall not claim the City's rights hereunder have been preempted by federal or state law.
After July 1. 1997. the cable system shall use a common EAS protocol. as defined in
Section 11 .31 in the Code of Federal Regulations, to send and receive emergency
alerts in accordance with the following:
Two tone signal from storage device
Required. 8 to 25 seconds in
duration
Digital encoder and decoder
Required
The digital encoder and decoder shall provide:
(1) a video message on all channels or other alerting techniques to the
hearing impaired and deaf subscribers,
(2) an audio message and video interruption on all channels,
(3) a video message on at least one channel to all subscribers
h. Ongoing Preventive Maintenance. System signal levels for the individual
channels at the headend shall be monitored and adjusted on a daily or every other day
basis. The pertormance of the cable system at the ends of the cascades shall be
monitored on a weekly basis for each node and monthly for every end of line cascade.
CWAPP.OO5
- 4 -
O~O:l9611!'8
"'"," "~-~--_.-:--- '..-*- -. "-:----"':- ..........-... -- " . i~.'
System frequency response shall be adjusted to meet peak performance on a twice a
year cycle.
Standby power supplies shall be monitored for proper voltage and battery
capac"y on a quarterly year basis. Failure of the batteries to supply current for a
predetermined amount of time shall dictate replacement of the batteries.
The antennae and satellite dishes shall be maintained by having their alignment
checked and realigned at least on a yearly basis or after any severe storm activity at
the location of the antennae or dishes.
Headend components such as processors and modulators shall have their
frequency response checked and adjusted twice a year.
Optical transmit1ers, receivers and optical path loss shall be monitored on at
least a twice a year basis. Parameters found to be out of tolerance shall be adjusted.
FCC mandated signal leakage and system proof~of-performance tests shall be in
accord with Part 76 of the federal Code of Regulation.
i. Interference on Channels 3 and 8. Grantee shall use its best efforts to
minimize interference on Channels 3 and 8. During the term of the Franchise, Grantee
shall provide notice to consumers, on how interference problems experienced by
customers on specific channels can be alleviated, through TV advertisements and
billing messages mailed to subscribers.
j. Satellite Earth Station. The system configuration shall include earth
stations which shall ensure the ability to receive signals from operational
communications satellites that predominately carry programming services available to
cable systems throughout the life of the Franchise.
k. Standby Power. Grantee shall provide a twenty-four (24) hour power-
generating capacity at the headend. Grantee shall maintain standby power system
supplies, rated for at least two (2.0) hours duration at all optical node locations in the
distribution network.
I. Parental Control. Grantee shall provide to subscribers, upon request,
parental control devices that allow any channel or channels to be locked out. Upon
request, Grantee shall, at no cost to the subscriber, provide devices that shall block out
the audio and video of any channels carrying predominately adult programming.
m. Performance Testing. Grantee shall perform all system tests and
maintenance procedures as required by and in accordance with: the FCC; this
Agreement; Grantee's standards of good operating practice, and the National Cable
Television Association's test procedure guidelines.
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n. Technical Standards. The cable communications system permitted to be
operated hereunder shall be installed and operated in conformance with this
Agreement, National Electric Code, OSHA Rules and Regulations, GTE .Practices.
manual of construction practices, where applicable to cable system construction, and
FCC rules and regulations. Any FCC tectlnical standards or guidelines related to the
cable communications system and facilities shall be deemed to be regulations under
this Agreement.
o. Employee Identification. Grantee shall provide a standard identification
document to all employees, including employees of subcontractors, who shall be in
contact with the public. Such documents shall include a telephone number that can be
used to verify identification. In addition, Grantee shall use its best efforts to clearly
identify all field personnel, vehicles, and other major equipment that are operating
under the authority of Grantee.
p. Stereo, The system shall have the capability and shall provide Broadcast
Television Systems Committee (8TSC) stereo signals on all satellite, broadcast and
local services that transmit them.
q. State of the Art. Throughout the term of the Franchise, Grantee shall
construct, operate, maintain, and upgrade the cable system in order to ensure that it
continuously conforms to the State of the Art.
r. Upstream Signals. To the extent that Grantee chooses to design its
cable system for two-way capability, Grantee agrees to use all reasonable efforts to
design such two-way capability so as to permit the future implementation of upstream
signal carriage without requiring modifications to its design. Grantee shall be required
to offer two-way services for subscribers only following satisfaction of each of the
following conditions: (i) the offering of such two-way services is permissible under
applicable federal and state laws, ordinances, rules and regulations, (ii) the Grantee
has secured all certificates, licenses, autllorizations and approvals from federal and
state agencies necessary for the offering of such services, provided, however, that the
Grantee shall seek to obtain such approvals in a diligent and timely manner, (iii) cable
subscribers and/or potential cable subscribers have a demonstrable interest in
subscribing to such two-way services, together with a demonstrable willingness to pay
a reasonable rate for such services, in each case as evidenced by at least one
statistically significant survey, provided, howe'oIer, that upon the reasonable written
request of the City it shall be the Grantee's burden to demonstrate to the City's
reasonable satisfaction that such subscriber interest is insufficient and (iv) the
investment necessary to implement such two-way capability, together with a reasonable
rate of return, can be reasonably expected to be recovered from the incremental
revenue anticipated from the provision of such services over a period of time which is
reasonable and customary in the cable television industry for such investments, and
such investment shall not be recovered from subscribers to other or non-two way
services.
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2. CONSTRUCTION
a. System Design Review. The City shall have the authority to review the
technical design plans of the system to ensure that the system design meets the
requirements of this Agreement, as well as applicable portions of the City Code
governing construction within public rights-ot-way. Grantee's engineer shall review the
design with City designated persons. The following design information shall be
reviewed with City designated persons: engineering design maps; key for design
maps; system level design information (e.g., block diagram of headend, satellite or off-
air studies, power supply map); and test plan for the existing coaxial cable to be used in
the system.
b. Construction Manual. Grantee shall construct the system in accordance
with Grantee's construction manual which shall be maintained by the City Clerk.
c. Underground Construction. Grantee shall participate in and use Florida
One Call and ensure that cable is buried at a depth specified by City regulations.
Temporary drops shall be buried within one month of installation, weather permitting.
Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed
underground. Grantee in accordance with such plan shall at its expense, remove,
relay, and relocate its equipment, provided, however, that other utilities are similarly
required to do such work at their own cost and expense.
d. Consumer Compatibility. Grantee shall comply with FCC consumer
compatibility rules and guidelines and shall use its best efforts to provide subscriber
friendly technology. When High Definition Television (HDTV), is available, economically
feasible, and requested by our system subscribers, Grantee shall provide it. Grantee
shall update the City of Clearwater as to the advances in and availability of new
technology services such as HDTV, digital television. and digital compression.
Grantee shall provide the basic tier in un encoded and unscrambled form.
Subscribers shall not be required to use a set-top box, home terminal unit, cable box or
similar device to receive any basic cable service.
e. Construction Timetable. The construction shall be completed within
three (3) years of the franchise award. Grantee shall keep the Grantor informed of the
Company's construction schedule, as necessary, to ensure public safety and/or comply
with Grantor's rules and regulations.
f. Right of Inspections. The Grantor shall have the right to inspect any
construction and installation work performed subject to the provisions of this
Agreement, and shall make such tests as it shall find necessary to ensure compliance
with the terms of this Agreement and other pertinent provisions ot the law over which
the Grantor has jurisdiction.
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
General Requirement. The Grantee agrees to comply with each of the terms set
forth in this Appendix B and in Appendix A to this Ordinance governing construction
and technical requirements for the System, in addition to any other requirements or
procedures reasonably specified by the Grantor pursuant to its police power or as
otherwise permitted by applicable law.
Quality. All worJ< involved in the construction, operation, maintenance, repair
upgrade, and removal of the System shall be performed in a safe, thorough and reliable
manner using materials of good and durable quality. If, at any time, a reasonable
determination is made by the Grantor or any other agency or authority of competent
jurisdiction that any part of the System, including, without limitation, any means used to
distribute Signals over or within the System, is harmful to the health or safety of any
Person, then the Grantee shall, at its own cost and expense, promptly correct all such
conditions.
Licenses and Permits. The Grantee shall have the sole responsibility for
diligently obtaining, at its own cost and expense, all permits, licenses, or other forms of
approval or authorization necessary to construct, operate, maintain, repair or upgrade
the System, or any part thereof, prior to commencement of any such activity.
New Grades or Lines. If the grades or lines of any Street within the Franchise
Area are changed at any time during the term of this Ordinance, then the Grantee shall,
at its own cost and expense and upon reasonable written notification and request of the
Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to
conform with such new grades or lines. In the event that the Grantee refuses or
neglects to so protect, alter, or relocate all or part of the System, the Grantor shall have
the right to break through, remove, alter or relocate all or any part of the System
without any liability to the Grantee, any Affiliated Person or any other Person, and the
Grantee shall pay to the Grantor the documented costs incurred in connection with
such breaking through, removal, alteration, or relocation.
Protect Structures. In connection with the construction, operation, maintenance,
repair, upgrade, or removal of the System, the Grantee shall, at its own cost and
expense, protect any and all existing structures belonging to the Grantor and all
designated landmarks. The Grantee shall obtain the prior approval of the Grantor
before altering any water main, sewerage or drainage system, or any other municipal
structure in the Rights-of-Way required because of the presence of the System in the
Rights-of Way. Any such alteration sl1all be made by the Grantee, at its sole cost and
CW APPOO5
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0503961150
expense. and in any reasonable manner prescribed by the Grantor. the Grantee
agrees that it shall be liable, at its own cost and expense. to replace or repair and
restore to serviceable condition, in any reasonable manner as may be specified by the
Grantor. any Street or any municipal structure involved in the construction, operation,
maintenance, repair, upgrade or removal of the System that may become disturbed or
damaged as a result of any work thereon by or on behalf of the Grantee pursuant to
this Ordinance.
No Obstruction. In connection with the construction, operation, maintenance,
repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-ot-
Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or
within the Franchise Area without prior consent of the appropriate authorities.
Movement of Wire. The Grantee shall, upon prior written notice by the Grantor
or any Person holding a permit to move any structure, temporarily move its wires to
permit the moving of said structure. The Grantee may impose a reasonable charge
(which may require advance payment in appropriate circumstances) on any Person
other than the Grantor for any such movement of its wires.
Safety Precautions. The Grantee shall, at its own cost and expense, undertake
all necessary and appropriate efforts to prevent accidents at its work sites, including
the placing and maintenance of proper guards, fences, barricades, watchmen, and
suitable and sufficient lighting. .
Moving Wires. The Grantor may, in case of fire, disaster, or other such
emergency, as reasonably determined by the Grantor, in its sole discretion, cut or move
any of the wires, cables, amplifiers, appliances, or other parts of the System, in which
event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or
any other Person. The Grantor shall take reasonable efforts to consult the Grantee
prior to any such cutting or movement of its wires, and the Grantee shall be given the
opportunity to periorm such work ~self. All documented costs to repair or replace such
wires, cables, amplifiers, appliances or other parts of the System shall be borne by the
Grantee.
No Liability for Public Work, etc. Neither the Grantor nor its officers, employees,
agents, attorneys, consultants or independent contractors shall have any liability to the
Grantee or any Affiliated Person for any liability as a result of or in connection with the
protection, breaking through, movement, removal, alteration, or relocation of any part of
the System by or on behalf of the Grantee or the Grantor in connection with any
emergency, public work, public improvement, alteration of any municipal structure, any
change in the grade or line of any Street, or the elim ination, discontinuation, and
closing of any Street.
CWAPP.OOS
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APPENDIX C
PEG MAlTERS
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0503961158
APPENDIX C
PEG Matters
ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES
In order to develop and promote educational, government access, and local
programming for the system's access channels, Grantee agrees to provide the
following:
A. Access Channels. Grantee shall provide the following number of
dedicated access channels: two (2) channels for government access (one for the City
of Clearwater and one for Pinellas County) and one (1) additional digital channel upon
the City's request to be used by the City for local government access, once Grantor
provides programming generally on a digital basis; one (1) channel for local origination;
one (1) channel for public access; and two (2) channels for educational access (one for
the Pinellas County School District and one for the St. Petersburg Junior College).
Such channels shall be used exclusively for purposes of public, educational and
governmental access programming on a non-commercial, not-far-profit basis. Grantee
shall carry and transmit on its lowest basic service level, on the access channels of its
Cable System, the same public, educational and governmental programming carried
and transmitted on the access channels of the incumbent cable operator in the City,
Time Warner Entertainment - Advance/Newhouse Partnership ("Time Warner") or its
successors or transferees, so long as the signal for such programming is of high quality
and is made available to Grantee at no fee.
Grantee shall interconnect the public, educational and governmental access channels
of its Cable System with the public, educational and governmental access channels of
all other local cable systems in order that the programming on such channels can be
universally available to all cable subscribers within the City. Grantee shall be
responsible for any costs and expenses necessary to interconnect its Cable System to
a mutually convenient and agreed upon point of presence supplied by the other cable
operators in the Ctly. Grantor agrees to mediate any disputes between Grantee and
other franchised cable operators related to the location of the interconnection point. If
such parties, in the opinion of the City are unable to agree on such interconnection
point, such point will be determined by the City in the exercise of its absolute discretion.
Grantee also agrees to negotiate in good faith an agreement with Time Warner, and its
successors, assignees or transferees, by which Grantee and Time Warner, and its
successors, assignees or transferees, shall carry all access channels on their systems
in the City utilizing the same channel numbers.
B. Government Access Equipment. Facilities and Support. Grantee agrees
to pay to the Grantor, within thirty (30) days after the effective date of tl1is Franchise
Ordinance, the sum of Sixty-seven Thousand Dollars ($67,000) and at the end of seven
years after the effective date of this Franchise Ordinance the sum of Fifty Thousand
CWAPP.OO5
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Dollars ($50,000). Grantor shall use such money to support and provide facilities and
equipment for government access programming. Grantor shall provide Grantee with an
accounting for such funds within one (1) year of receipt.
C. ~ucation and Goveroment Access Support. Grantee agrees to
pay to the Grantor, within thirty (30) days after the effective date of this Franchise
Ordinance and on the anniversary of such date for the term of this Franchise, the
following amounts:
Year 1
Year 2
Year 3
Year 4
YearS
Year 6
Year 7
Year 8
Year 9
Year 10
Total
$50,000
$50,000
$75,000
$75,000
$75,000
$100,000
$100,000
$100,000
$125,000
11 25.000
$875,000
Grantor shall only use such money in support of public, education and government
access programming. Grantor shall provide an accounting to Grantee annually for
such funds.
Grantee shall have the right to renegotiate with Grantor the amounts and manner in
which Grantee funds support for public, education and government access
programming after the fourth anniversary of the effective date of the Franchise
Ordinance if: (i) the County adopts a model for funding support for such programming
that is inconsistent with or fails to take into account the amounts to be paid by Grantee
to Grantor hereunder; or (ii) Grantee's actual number of Subscribers in the City after
such four-year period is below twelve thousand five hundred (12,500). To the extent
necessary for Grantee to avoid further cost or obligation, Grantor shall negotiate in
good faith a modification to Grantee's obligations for support of public, education and
government access support, equipment and facilities contained in this Ordinance, if
under FCC regulations or state or federal law, Grantee is required to share costs with
the provider of such facilities (currently Time Warner Entertainment-
Advance/Newhouse Partnership ('Time Warner")). In such negotiation, in addition to
any costs Grantee may be obligated to share, it may be appropriate for Grantee to
continue to provide some support to the City, taking into account the City's needs and
the reasonable profitability of the system.
D. ~. Grantee shall actively promote ongoing community awareness
of public, educational and government access channels, and public access facilities
and training opportunities for public and educational access, at a minimum in its
CWAPP.OO6
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program guides containing listings of the local off-air broadcast signals In the Grantee's
basic service tier, provided that the publisher of any such guide consents to the
inclusion of information, at no cost to the Grantee, concerning public, educational and
governmental access programming carried by the Grantee based upon the good faith
efforts of the Grantee to secure such listings, in an annual bill stuffer, and in public
service announcements supplied by Grantor, all in such places and at such times as
Grantee in its sole discretion shall determine, and Grantee shall provide Grantor, on
request, with a summary of its activities in this regard.
E. SinglfLEntity Administration olEducationalLE.ubJic Access Channels and
.Eac.illt.ie.s. If during the term of this Franchise Ordinance, the County creates, or
consents to the creation of, a single entity to administer the use of the channels and the
use of facilities for all education and public access purposes (the "Community Access
Center"), and the costs of operating such Center are shared by all cable operators
within the County, Grantor shall negotiate in good faith a modification to Grantee's
obligations for support of public, education and government access support, equipment
and facilities contained in this Ordinance. In such negotiation, in addition to any costs
Grantee may be obligated to share, it may be appropriate for Grantee to continue to
provide some support to the City, taking into account the City's needs and the
reasonable profitability of the syst€m.
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0503961201
APPENDIX 0
I-NET
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0503961158
APPENDIX D
I-NET
Grantor shall not be required to provide or contribute towards the support of Grantor's
institutional network ("I-Net"). In lieu of any such obligation, Grantee shall pay the
grant provided in Section 6 (E) of the Ordinance.
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0503961158
APPENDIX E
CUSTOMER SERVICE STANDARDS
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SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
r.WAPP 006
APPENDIX E
CUSTOMER SERVICE STANDARDS
INDEX
Page
SOLICITATION OF SUBSCRIPTIONS ..................... 19
TRAINING OF EMPLOYEES; TELEPHONES . . . . . . . . . . . . . . .. 21
81 LLI NG .............................. . . . . . . . . . . . . . .. 23
EQUIPMENT PROVIDED BY THE GRANTEE. . . . . . . . . . . . . . .. 25
OUTAGE CORRECTION AND REPAIR SERVICE ............ 25
SUBSCRIBER COMPLAINTS ............................ 27
NOTICE ............................................. 28
TERMINATION OF SERVICE AND DISCONNECTION. . . . . . . .. 29
CREDITS AND REFUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
MISCELLANEOUS REQUIREMENTS .......... . . . . . . . . . . .. 32
FAILURE TO COMPLY WITH THESE REQUIREMENTS. . . . . .. 33
DEFI N ITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
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APPENDIX E
CUSTOMER SERVICE STANDARDS
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SECTION 1
SOLICITATION OF SUBSCRIPTIONS
1.1
Subscription Information.
1.1.1 Before providing any service to any potential Subscriber and
at least once a year to all Subscribers, the Grantee shall provide the following
subscription information to all potential Subscribers and all Subscribers, in a clear,
complete and comprehensible form:
a. a description of the Cable Services provided by the Grantee,
accompanied by a listing of the charges for each such service, either alune or in
combination;
b. a listing of all rates, terms and conditions for each Cable
Service or tier of Cable Service, both alone and in combination, and all other
charges, such as for returned checks and for relocating cable outlets;
c. a general explanation of other communications devices
which may be used in conjunction with the System, including but not limited to,
video cassette recorders, remote control devices, closed captioning decoders,
parental control devices, and, if applicable, the use of publicly available
equipment and a listing of the Grantee's charges for connecting such devices to
the System;
d. a description of the Grantee's billing and collection
procedures;
e. the procedure for the resolution of billing disputes, including
the telephone number of the City of Clearwater office Subscribers may call with
regard to billing disputes, as specified by the Grantor;
1. a description of the Grantee's policies concerning credits for
outages and reception problems, consistent with these consumer protection
standards;
CWAPP 000
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g. an explanation of the procedures and charges, if any, for
upgrading, downgrading or disconnecting services, consistent with these
consumer protection standards;
h. the required time periods for the completion of installation
requests, consistent with these consumer protection standards, and an
indication of the penalties for failure to complete installation within such time
periods;
i. the complaint resolution process;
j. the procedures by which the Subscriber will be notified of
any rate increase;
k. the local or toll-free numbers for the Grantee's Subscriber
service telephone system;
I. a listing of the access channels and a description of the
purposes and uses of such channels; and
m. a description of significant rights accorded to the Subscriber
pursuant to applicable law.
1.1.2 The Grantee shall deliver three (3) copies of all such
subscription information to the Grantor within three (3) days after distributing it to the
first Subscriber or potential Subscriber so that the Grantor may ensure that the
information contained therein comports with these consumer protection standards and
is not misleading. If the Grantor determines that such information does not comport
w~h these consumer protection standards or this Ordinance or is misleading, the
Grantor may order the Grantee to submit to any Subscr:ber or potential Subscriber
corrected subscription information. The Grantee agrees that the Grantor assumes no
liability for the subscription information by virtue of its review of such information.
1.2 . Anyone who requests the installation of Cable
Service from the Grantee shall have the right to rescind such request at anytime prior
to the point in time at which physical installation upon the premises begins. Anyone
who requests a particular service from the Grantee shall have the same right of
rescission, except that such right shall expire once the requested seNice is actually
received by such Person.
1.3 Marker Showing Converter DlaLLocations. The Grantee will provide
Subscribers with a dial location card for all Cable Services, and will provide a new card
showing the then-current Channel lineup on an annual basis thereafter.
r....:\OD r,'V:
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01;0::061201
1.4
atiOD.
1.4.1 Under normal operating conditions, the standards in this
Section shall be met no less than ninety-five percent (950/0) of the time measured on a
quarterly basis.
1.4.2 Once a request for Cable Service is received, the Grantee
shall either set a specific appointment time or specify a four (4) hour time block during
normal business hours, as requested by the Subscriber or potential Subscriber, during
which the Grantee's work crew shall install the necessary equipment to receive seNice.
The Grantee may schedule installation activities outside of normal business hours for
the express convenience of the Subscriber.
"
1.4.3 Unless a later date is req uested by a potential Subscriber,
the Grantee shall complete installation of service for any new Subscriber within seven
(7) business days after any such request is received, where the installation is located
up to 125 feet from the existing distribution system.
1.5 Record.s..oLReQuests for Cable Service.
1.5.1 The Grantee shall keep records capable of showing all
requests for Cable Service, which shall contain, with respect to each request for
service, the name and address of the Person requesting service, an identification of the
block on which the Person requesting service resides or is otherwise located, the date
on which service was requested, the date and appointment period on which service
was scheduled to be provided and the date and appointment period seNice was
actually provided. These records shall be assembled continuously and made available
to the Grantor in summary form and in a legible format.
1.5.2 Any information in tne records required by Section 1.5.1 of
this Appendix may be destroyed three (3) years after such information was collected,
unless the Grantor authorized the Grantee, in writing, to destroy any information
required by Section 1.5.1 of this Appendix prior to the expiration of such three (3) year
period.
SECTION 2
TRAINING OF EMPLOYEES; TELEPHONES
2.1 Training oLEmpJoyees
2.1.1 Each employee of the Grantee who may come into contact
with members of the public at their places of residence shall: (i) wear a Company-
provided uniform identifying the Grantee; (ii) use a vehicle appropriately identifying the
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0503961201
CWAPP 006
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Grantee; (iii) wear a picture identification card indicating his or her employment with the
Grantee. Each such employee shall also be trained to perform efficiently the various
tasks, including responding to consumer inquiries and complaints, necessary to provide
consumer services in a responsible and courteous manner.
2.1.2 All Company em.ployees shall identify themselves by name
when answering Company telephone lines routinely used by members of the public.
2.2 ~. The Grantee shall have local or toll free telephone
lines for receiving requests for repair or installation services, for reporting outages and
for responding to billing questions. These lines shall be answered twenty-four (24)
hours per day, seven (7) days per week, with an answering service or automated
device answering them outside of the Grantee's business hours (during which hours
these lines shall be answered by Company employees on request). If calls concerning
area outages are received, the answering service or automated device shall (i) at the
end of the recorded message, permit Subscribers to report outages and to leave their
name and account number, if available, for an outage credit; (ii) contact the person
authorized by the Grantee to initiate corrective measures; and (iii) with respect to
outages known to the Grantee, provide up-to-date information on outages, such as the
suspected cause, the efforts underway to correct the problem and the estimated time
when service will be restored. The answering service or automated device shall record
calls concerning billing questions, complaints, or other matters and Company
employees shall return any such call within one (1) business day after the answering
service or automated device takes the message.
2.3 Bjandard of Servic~ ~one System. The Grantee shall
maintain a State-of-the-Art telephone system throughout the term of this Ordinance. At
the commencement of the term of this Ordinance, the telephone system shall have, at a
minimum, enough incoming lines and adequate staff to process incoming calls such
that telephone ar.swer time, including wait time, shall not exceed thirty (30) seconds
when the connection is made. If the call needs to be transferred, transfer time shall not
exceed thirty (30) seconds. Subscribers shall receive a busy signal less than three
percent (30/0) of the time.
2.4 CompJiance. The standards in Section 2.2 of this Appendix shall be
met no less than ninety percent (900/0) of the time under normal operating conditions,
measured on a quarterly basis. The Grantee will not be required to acquire equipment
or perform surveys to measure compliance with the telephone answering standards
unless a historical record of complaints indicate a clear failure to comply.
('WArr- OOG
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SECTION 3
81 LUNG
3.1 Iha.Format of a Subscriber's Bill
3.1.1 The bill s;lall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Subscribers.
3.1.2 The bill shall contain itemized charges for each category of
Service and equipment and any installation of equipment or facilities and monthly use
thereof (together, "Equipmentll) for which a charge is imposed (including late charges, if
any), an explicit due date, the name and address of the Grantee and telephone number
for tt~e Grantee's office responsible for inquiries and billing, the telephone number
specified by the Grantor for the resolution of billing disputes, and the FCC Community
Unit Identifier Number. The bill shall state the billing period, amount of current billing
and appropriate credits or past due balances, if any.
3.1.3 The Grantee shall not charge a potential Subscriber or
Subscriber for any Service or Equipment that the Subscriber has not affirmatively
requested by name. A Subscriber's failure to refuse a cable operator's proposal to
provide such Service or Equipment shall not be deemed to be an affirmative request for
such Service or Equipment.
3.2 ~. All bills shall be rendered monthly, unless
otherwise authorized by the Subscriber, or unless service was provided for less than
one (1) month.
3.3 Procedures for CoUecting Late 8.iJ.ls.
3.3.1 No bill shall be due less than fifteen (15) days from the date
of the mailing of the bill by the Grantee to the Subscriber.
3.3.2 A bill shall not be considered delinquent until at least forty-
five (45) days have elapsed from the mailing of the bill to the Subscriber and payment
has not been received by the Grantee, provided that no bill shall be mailed more than
fifteen (15) days prior to the date services covered by such bill commence, except in
cases where a Subscriber requests advance billing. Late fees not to exceed one
percent (10/0) may be applied to a delinquent bill, so long as the billing.dispute
resolution procedures set forth in Section 3.4 of this Appendix have not been inniated.
3.3.3 Except for terminating access to pay-per-view events,
movies or other usage-priced services, the Grantee shall not physically or electronically
discontinue service for nonpayment of bills rendered for seNice until: (i) the Subscriber
is delinquent in payment for service; and (ii) at least five (5) days have elapsed after a
separate written notice of impending discontinuance has been serviced personally
-','" .\r>r ('\0'11';
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0503?61201
upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the
Subscriber a separate written notice of impending discontinuance (for which postage is
paid by the Grantee), addressed to such Person at the premises where the Subscriber
requests billing; or (iv) at least five (5) days have elapsed after a Subscriber has eijher
signed for or refused a certified letter (postage to be paid by the Grantee) containing a
separate written notice of impending discontinuance addressed to such Person at the
premises where the Subscriber requests billing. Notice of Service discontinuance must
clearly state the amount in arrears, the total amount required to be paid to avoid
discontinuance of service, reconnect ion charges if applicable, and the date by which
such payment must be made.
3.4
3.4.1 The billing dispute resolution procedure shall be initiated
once a Subscriber contacts the Grantee's department which handles billing questions
for the Grantor, orally or in writing, so long as such contact occurs within thirty (30)
days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts
the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic
means, that the dispute resolution procedure has been initiated and the Grantee shall
then contact the Subscriber to discuss the dispute.
3.4.2 The Subscriber shall not be required to pay the disputed
portion of the bill until the dispute is resolved. The Grantee shall not apply finance
charges, issue delinquency or termination notices, or initiate collection procedures for
the disputed portion of the bill pending resolution of the dispute.
3.4.3 The Grantee shall promptly undertake whatever review is
necessary to resolve the dispute, and shall notify the Subscriber of the results of the
review as soon as ij is completed, but in no case later than twenty (20) business days
after receipt from the Subscriber of the billing dispute, problem or complaint notification.
3.4.4 The Grantee shall notify the Subscriber in wrijing of its
proposed resolution of the billing dispute, and shall inform the Subscriber that unless
an appeal is taken to the Grantor within ten (10) business days after the date of
postmark on the notification letter, the Grantee's resolution of the dispute shall be
considered final. Where no appeal is taken, the amount the Grantee claims is due
must be paid within twenty (20) days after the date of postmark on the notification letter.
3.4.5 If the Subscriber appeals the Grantee's resolution within the
aforementioned period, payment of the disputed amount may be deferred until one (1)
week after the Grantor has reviewed and resolved the dispute.
I.WAPP ('oX,
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0503%1201
-... -. - - ---.------ ~~--.- ~ -- -- -.. -- ~ ~
. ,'" . . .
3.5 .Bef.erra.LoLQelinQuent Accounts to a CoUection Agency
3.5.1 If the billing dispute resolution procedures have not been
initiated, the delinquent account may be referred to a private collection agency for
appropriate action no sooner than thirty (30) business days after it becomes delinquent.
3.5.2 If the billing dispute resolution procedures have been
initiated, the delinquent account shall not be referred to a collection agency prior to ten
(10) business days after the conclusion of those procedures, including any appeal to
the Grantor.
SECTION 4
EQUIPMENT PROVIDED BY THE GRANTEE
4.1 Types oLEQuipment 1o..B.~
4.1.1 The Grantee shall supply a closed caption decoder to any
hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's
cost.
4.1.2 The Grantee shall comply with all rules and regulations
promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act
(47 U.S.C. 99 543 and 544a).
4.2
4.2.1 The Grantee may require deposits on Equipment it provides
to Subscribers, provided that all such deposits shall be placed in an interest bearing
escrow account for the Subscribers, which deposit shall bear a reasonable interest
rate, and provided further, that there shall be no discrimination among or between
Subscribers in either the requirement for or the amount of such deposits.
4.2.2 For billing purposes, the re1u rn of rental Equipment shall be
deemed to have taken place on the day such equipment is returned.
SECTION 5
OUTAGE CORRECTION AND REPAIR SERVICE
5.1 Jnterruption of Service. The Grantee shall exercise its best efforts to
limit any scheduled interruption of any Cable Service for any purpose to periods of
minimum use. Except in emergencies or incidents requiring immediate action, the
Grantee shall provide Grantor and all affected Subscribers with prior notice of
CWAPP 006
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O~3961201
scheduled service interruptions, if such interruptions will last longer than thirty (30)
minutes. For any other scheduled service outage, the Grantee must give notice
electronically by placing an alphanumeric message on an information Channel or
similar Channel on the System from time to time and at least once an hour, at least
forty-eight (48) hours before the interruption of service occurs, unless the Grantor
authorizes the provision of shorter notice.
5.2
.Made.
Jime Periodsj)y Wblc.h Outages MusLBe Corrected-.arulBepairs
5.2.1 The Grantee shall maintain sufficient repair and
maintenance crews so as to be able to correct or repair any reception problem or other
service problem of either picture, or sound quality, including any outage of sound
and/or picture, on any Channel except for a problem caused by an intentional, wrongful
act of the Subscriber or by the Subscriber's own equipment which was not supplied by
the Grantee, promptly and in no event later than twenty-four (24) hours after the
Grantee either receives a request for repair service or the Grantee learns of it. For
purposes of this Ordinance, "reception problem' shall constitute reception that an
affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can
demonstrate that the Signals transmitted to such Subscriber are in compliance with tha
FCC's technical signal quality standards (47 C.F.R. 9 76.601 et seq.).
5.2.2 The Grantee shall maintain, at all times, an adequate repair
and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this
Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to
correct any reception problem or other service problem, the Grantee shall either set a
specific appointment time or specify a four (4) hour time block during normal business
hours, as requested by the Subscriber or potential Subscriber, during which the
Grantee's work crew shall work on the service problem. The Grantee may schedule
service calls outside of normal business hours for the express convenience of the
Subscriber, provided the Grantee's customer service representatives shall at all times
endeavor to be aware of service or other problems in adjacent areas which may obviate
the need to enter a Subscriber's premises.
5.2.3 In no event shall the Grantee cancel any necessary
scheduled service call after the close of the business on the business day prior to the
scheduled appointment. If the Grantee needs to cancel a scheduled appointment, it
must contact the Subscriber and reschedule at a time convenient for the Subscriber.
5.3 [i. The Grantee's
failure to correct outages or to make repairs within the stated time periods shall be
excused in the following circumstances:
(i) if the Grantee could not obtain access to the Subscriber's
premises; or
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- 26-
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(ii) if the Grantor, acting reasonably, agrees with the Grantee
that correcting such outages or making such repairs was not
reasonably possible within the allotted time period.
5.4 No...Gharge f.oLAepair Service. The Grantee shall not impose any fee
or charge any Subscriber for any service call to his or her premises to perform any
repair or maintenance work. '
5.5 Service Cal1s...IQ..BaProvide.d on a ~iscrii11inatory Basis. The
Grantee shall provide all service calls throughout the Franchise Area on a
nondiscriminatory basis.
5.6 Records...QlRepair Service BeQuests.
5.6.1 The Grantee shall keep records capable of showing all
requests for repair service and information on outage correction (to the extent available
with respect to each of the following types of information), which shall show, at a
minimum, the name and address of the affected Subscriber, the block on which such
Subscriber resides or is otherwise located, the date and the approximate time of
request, the date and approximate time the Grantee responds, the date and
approximate time service is restored, the type and the probable cause of the problem,
the signal level measured on thirty percent (30%) but no less than fifteen (15) of the
activated Channels on the System after corrective action, if applicable, the corrective
steps, if any, taken, and the names of the Grantee employees who took the corrective
action(s). Such records shall also describe. the corrective action taken, and, in the case
of outages, shall estimate the numbers of Subscribers affected. For the purposes of
this Section 5.6.1, -time. shall mean the time of request or appointment period, as
applicable.
5.6.2 Any information in the records reqL:ired by Section 5.6.1 of
this Appendix may be destroyed three (3) years after such information was collected,
unless the Grantor authorized the Grantee, in writing, to destroy any information
required by Section 5.6.1 of this Appendix prior to the expiration of such three (3) year
period.
SECTION 6
SUBSCRIBER COMPLAINTS
6.1 Complaints. For the purposes of this Ordinance, .complainta shall
mean any written communication by a Subscriber or potential Subscriber or oral
communication by a Subscriber or potential Subscriber reduced to writing, including to
a complJter form, expressing dissatisfaction with any nonprogramming aspect of the
Grantee's business or operation of the System.
r \\' A P P (XII'..
. 27 -
0<:'03Q61201
.
6.2 Timp. ~~I ilJU for thA Re~oJutipn of Complaints. Except where another
time period is required by any other provision of this Appendix, the Grantee shall make
its best efforts to resolve, as soon as practicable, and in no event later than seven (7)
business days, all complaints after they are received by the Grantee. Within two (2)
business days of receiving a written complaint or a complaint forwarded to the Grantee
by the Grantor, the Grantee shall notify the Person who made the complaint, either by
telephone or in writing, that the complaint has been received and that the Grantee will
make its best efforts to resolve such complaint within seven (7) business days of
receipt of such complaint by the Grantee.
6.3 .B.ef.e.uaLof Complaints from the Granto( to the G(aotee.
6.3.1 If the Grantor is contacted directly about a complaint
concerning the Grantee, the Grantor shall notify the Grantee.
6.3.2 Within seven (7) business days after being notified about
the complaint, the Grantee shall issue to the Grantor a report detailing the investigation
thoroughly, describing the findings. explaining any corrective steps which are being
taken and indicating that the Person who registered the complaint has been notified of
the resolution.
6.4 Compl.aio.LRecords.
6.4.1 The Grantee shall maintain complaint records, which shall
record the date a complaint is received, the name and address of the affected
Subscriber, the block on which such Subscriber resides or is otherwise located, a
description of the complaint, the date of resolution, a description of the resolution and
an indication of whether the resolution was appealed.
6.4.2 Any information in the records required by Section 6.4.1 of
this Appendix may be destroyed after three' (3) years after such information was
collected, unless the Grantor authorizes the Grantee, in writing, to destroy any
information required by Section 6.4.1 of this Appendix prior to the expiration of such
three (3) year period.
SECTION 7
NOTICE
7.1 ~Qtice ReQuired
7.1.1 The Grantee shall provide notice to the Grantor and all
Subscribers of any change in any fee, charge, deposit, term or condition, which notice
shall be provided no later than thirty (30) days prior to the effective date of any such
change. All notices required by this Section 7.1.1 shall specify, as applicable, the
,','/hPP (YIf,
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-
service or services affected, the new rate, charge, term or condition, the effect of the
change, and the effective date of the change.
7.1.2 If the Grantee provides a premium Channel without charge
to Cable Subscribers who do not subscribe to such premium Channel, the cable
operator shall provide a means whereby (i) ,those Subscribers without a set top box
may request at the time of installation that the signal from such premium Channels be
blocked to prevent any viewing during any such free period, (ii) those Subscribers with
a set top box may either request that the signal for such premium Channels continue to
be scrambled during any free-oHer periods, or use parental control features on the set
top box to preclude viewing such premium Channel. For the purposes of this Section
7.1.2, the term 'premium Channel" shall mean any Service offered on a per Channel or
per program basis, which offers movies rated by the Motion Picture Association of
America as X, NC-17 or R.
7.1.3 The Grantee shall provide notice, in writing, to the Grantor
and all Subscribers of any change in any Channel assignment or in any Service
provided over any such Channel, which notice shall be provided no later than thirty (30)
days prior to the effective date of any such change. The Grantee shall also provide
notice, in writing, to the Grantor and all Subscribers that comments on programming
and Channel position changes are being recorded by a designated office of the
Grantor, which notice shall be provided no less often than once every sixty (60) days.
SECTION 8
TERMINATION OF SERVICE AND DISCONNECTION
8.1 ~otice oLTermination of Service. As described in Section 3.3.3 of
this Appendix, the Grantee may terminate service to any Subscriber whose bill has not
been paid after it becomes delinquent, so long as the Grantee gives proper notice to
the Subscriber as provided in Section 3.3.3 of this Appendix and the billing dispute
resolution procedures have not been initiated.
8.2 BesubscripUon to Cable Service. The Grantee shall not refuse to
serve a former Subscriber whose service was terminated, so long as all past bills and
late charges have been paid in full. The Grantee may not charge such terminated
Subscriber any fee(s) not applied to former Subscribers who voluntarily terminated
service. The Grantee, however, may require a deposit from such a terminated
Subscriber in an amount not to exceed such Subscriber's anticipated monthly charges
for a two (2) month period, provided that all such deposits shall be placed in an interest
bearing escrow account for the Subscriber, which deposit shall bear a reasonable
interest rate. Such deposits shall be returned to the Subscriber no later than after
twelve consecutive months of no delinquent payments by such Subscriber.
CWAPP ~
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O~03Q~I;"O'
8.3 L~ime to Disconnectioa. If disconnection occurs at the
Subscriber's written or oral request, then, for billing purposes, it shall be deemed to
have occurred three (3) days after the Grantee receives the request for disconnection
unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period.
8.4 Scbe.duling Appointments. Except for disconnection of Cable Service
for non-pay~ent. the Grantee shall either set a specific appointment time or specify a
four (4) hour time period during normal business hours, during which its work crew shall
visit the Subscriber's premises to disconnect service and to remove any Equipment.
The Grantee may schedule such service outside normal business hours for the express
convenience of the Subscriber.
8.5 c: . The Grantee shall ensure that
the subscriber's premises are restored to their original condition if damaged by the
Grantee's employees or agents in any respect in connection with the installation, repair
or disconnection of Cable Service.
8.6 ~for Disconnection. The Grantee shall not charge any fee for
disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a
period cA six (6) months or less, the Grantee shall not impose a charge on such
Subscriber for reconnection within such six (6) month period, if, at or prior to the time of
disconnection, the Subscriber notifies the Grantee that he or she requests to have his
or her Cable Service reconnected within six (6) months. In such cases, the Grantee
shall disconnect and reconnect the Subscriber's Cable SeNice remotely without visiting
the Subscriber's place of residence.
8.7 Wiring. Notwithstanding any rules and regulations promulgated by
the FCC during the term of the Agreement pursuant to Section 624(i) of the Cable Act
(47 U.S.C. 9 544(i)) regarding the disposition of any wires installed by the Grantee
within a Subscriber's premises, any and all wiring of the System inside the Subscriber's
premises and all wiring from a Subscriber's premises to the Rights-of-Way shall
become the property of the Subscriber if: (i) the Subscriber has paid an installation fee
or the installation fee was waived by the Grantee; or (ii) the Subscriber maintained
Cable Service for at least one (1) year.
SECTION 9
CREDITS AND REFUNDS
9.1 Grounds. As a result of the Grantee's failure to comply with these
consumer protection standards, the Grantee shall provide to each affected Subscriber
or potential Subscriber, as applicable, the following credits:
(i) for a failure of the Grantee's crew to arrive at the Subscriber's
premises at the scheduled time or within the promised four (4) hour period for
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any installation service, as provided In Section 1.4.2 of this Appendix, a credit
equal to free installation and the amount that would have otherwise been billed
to such Subscriber for all Cable Services selected by such Subscriber for the
first billing period following installation up to a maximum amount of Twenty-five
Dollars ($25);
(ii) for a failure of the Grantee to complete installation of service
within the scheduled time period provided for in Section 1.4.3 of this Appendix,
unless otherwise excused, a credit equal to free installation;
(iii) for any reception problem, including any outage of sound and or
picture on any Channel, as defined in Section 5.2 of this Appendix, or for any
other service problem which remains unrepaired for more than twelve (12) hours
after either the Grantee receives from the Subscriber a request for repair service
(provided that, to the extent access to the Subscriber's premises is required to
effect such repair, the Subscriber has granted the Grantee such access) or the
Grantee learns of such problem, a minimum credit in an amount equal to one-
thirtieth (1/30) times the total bill for Cable Service of such Subscriber for the
preceding billing period, for each twenty-four (24) hour period during which such
reception problem persists for at least four (4) hours;
(iv) for a failure of the Grantee's crew to arrive to correct any outage
or make any repair during the stated time period, as specified in Section 5.2.2 of
this Appendix (except where such failure is excused by Section 5.3 of this
Appendix or except where such crew is no longer required due to a repair
effected in a nearby portion of the System, in which case the Subscriber shall be
notified by telephone that a visit to such Subscriber's residence is no longer
necessary), a credit in an amount equal to all charges billed to such Subscriber
for the preceding monthly billing period up to a maximum amount of Twenty-five
Dollars ($25); and
(v) for the improper termination of service to a Subscriber, free
reconnection and a credit in an amount equal to all charges billed 10 such
Subscriber for a period equal to two (2) times the total number of days such
Subscriber does not have service up to a maximum amount of Seventy-five
Dollars ($75).
9.2 Eurpose. The Grantee agrees that each of the foregoing occurrences
necessitating such credits shall result in injury to such Subscribers, which injury will be
difficult to ascertain and to prove. The Grantee agrees that each of the foregoing
credits is a fair and reasonable compensation for such injury and that such
compensation constitutes liquidated damages, not a penalty or forfeiture.
r:w APP 006
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0'>(I:1Q/;1;>01
9.3 ~. For the purpose of calculating the amount of credit owed
pursuant to Section 9.1 (iii) of this Appendix, such four (4) hour period shall be deemed
to have begun at the time the outage occurred.
9.4 .Gred.i1s. With respect to any credit described in Section 9.1 (iii) of this
Appendix, the Grantee shall automatically provide a credit on each Subscriber's bill
affected by a reception problem, as applicable. If the Grantee cannot determine who
was affected, then it shall provide a credit to any eligible Subscriber who makes
application therefor by written or oral notice within ninety (90) days after the outage or
reception problem o9curred. With respect to any other credits enumerated in
Section 9.1 of this Appendix, the Grantee shall provide such credit automatically to the
affected Subscriber's next bill.
9.5 Be.f..un.ds. Refund checks shall be issued promptly, but no later than
either (a) the Subscriber's next billing cycle following resolution of the request or thirty
(30) days, whichever is earlier, or (b) the return of the equipment supplied by the
Grantee if the service is terminated.
SECTION 10
MISCELLANEOUS REQUIREMENTS
10.1 . The downgrading of a Subscriber's service
shall be effected solely by coded entry on a computer terminal or by another similarly
simple method, and the charge for such downgrading shall be nominal, and in no event
shall exceed the cost for any upgrading of a Subscriber's service by such method(s).
Charges for changes in service tiers or equipment that are impossible to be made by
coded entry on a computer terminal or other similarly simple method and that involve a
more complex method shall not exceed actual cost, and in no event shall exceed the
cost for any upgrading of a Subscriber's service by such method.
10.2 Subscriber Information. The Grantee shall display a written notice on
an information Channel from time to time, stating that information, complaint resolution
and repair service may be obtained by telephoning the Grantee at a designated
telephone number.
10.3 .Gred.i1s. In the event applicable law permits, at any time during the
term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or
"rollback" rates, fees or charges for any Service provided pursuant to the Agreement,
the Grantee shall automatically provide a credit on each Subscriber's bill affected by
such decrease or rollback, or shall pay to each Subscriber, in cash or by check, the
amount of the credit if such credit would be equal to or more than the average bill of
such Subscriber for the immediately preceding three (3) month period.
C\'.'.\r>P mr,
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SECTION 11
FAILURE TO COMPLY WITH THESE REQUIREMENTS
10.4 Payment Station~. The Grantee shall maintain in the Grantor at least
two full service locations at which bills can be paid and Subscriber inquiries can be
answered.
10.5 .Ga1:ll.a.Gu.i.. The Grantee shall provide in any cable programming
guide supplied to Subscribers a listing of the channel location of all PEG channels and
the programming thereon.
11.1 MateriaLReQuirements.
11.1.1 The Grantee agrees that substantial failure to comply with
any material requirement set forth in these consumer protec1ion standards shall
constitute an Event of Default.
11.1.2 The Grantee also agrees that if the Grantor determines, in
the exercise of its sole discretion, that the Grantee has, after notice from the Grantor,
repeatedly failed to comply with any requirement set forth in these consumer protection
standards, then the Grantor may elect to treat such failure in all respects as an Event of
Default.
11.2 . If the
Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or
agents abide by these consumer protection standards, the Grantee shall be liable for
any breach of these consumer protec1ion standards committed by its contrac1ors,
subcontractors, or agents just as if the Grantee itse~ had committed the breach.
SECTION 12
DEFINITIONS
12.1 . The term -normal business hours" means
those hours during which most similar businesses in the community are open to selVe
customers. In all cases, -normal business hours. must include some evening hours at
least one night per week and/or some weekend hours.
12.2 ~ormal Operating Conduions. The term -normal operating
conditions- means those service conditions which are within the control of the Grantee.
Those conditions which are not within the control of the Grantee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which are
r\'JAPP ('II~r.
- 33 .
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ordinarily within the control of the Grantee include, but are not limited to, special
promotions, pay-par-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the cable system.
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associated signal generation, reception and control equipment, that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a
community, but such tenn does not include (i) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using
any public right-of-way; (ill) a facility of a common carrier which is subject, in whole or in PaI4 to
the provisions of subchapter II of the Communications Act of 1934, except to the eKtent such facility
is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an
electric utility used solely for operating its electric utility system.
"Channel" rreans a band of frequencies in the electromagnetic spectrum, or any other means
of transmission (including, without funitation, optical fibers or any other means now available or that
may become available), which is capable of carrying a video Signal, an audio Signal, a voice Signal,
or a data Signal.
"Control" or "Controlling Interest" means actual working control in whatever manner
exercised, including, without limitation, working control through ownership, management, debt
instruments, or negative contI"ol, as the case may be, of the System, the Franchise or the Grantee.
~nomically and ThcllniC3.11y1'easibl~ and Viable" means capable.aI-being provided.:.
fa) throughJ~nology wt1ic.b i~ readily available with rfl.ason~ble delivery sch.ed.uJ.fsJrom two
!2J or more sources of supply and bas been d~monstrated ill actual operating conditions (not
simply through tests or expedments) to operate in a workable Olanner; and (b) in a manner
whicb has a reasonable likelihood of generating a reasonable return on the Grantee's
investment when Ineastlred over the remaining term of.Jhe...Franchise.
"FCC" means the Federal Communications Commission, its designee, or any successor
thereto.
"Franchise Area" ~ans the area consisting of the corporate limits of the City of Clearwater,
as its border may be changed from time to time.
"Grantee" means GTE Media Ventures Incorporated, a Delaware corporation, whose
principal place of business is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX
75015-2092.
"Grantor" means the City of Clearwater, Florid~ or, as appropriate in the case of specific
provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or
any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official,
employee, or agent thereof, any designee of any of the foregoing, or any successor thereto.
"Gross Revenue" means all revenue, as detennined in accordance with generally accepted
accounting principles, including advertising revenue, which is received by the Grantee~ by any
Affiliated Person, and any other Person from or in connection with the distribution of any Service on
cwfranagr.007
3
the System or the provision of any service related activity in connection witll providing Service on
the Systeln Gross Revenue shall not include the revenue of any Affiliated Person and other Person,
including, without litnitation, a supplier of programming of the Grantee, to the extent that said
Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include
any revenues .otherwise classified as "hohcable serv ice lSoncable Service" revenue uunder federal
Of state law or any revenue of the Grantee or any otller Person which is received directly from the
sale oflrerchandise through any Service distributed over the System (other than that portion of such
revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the
System for the sale of such merchandise, which portion shall be included in Gross Revenue).
''Nvocable Service" means any Service which is distributed over the System, otber than
a Cable Service.
"Pay Service" means any Cable Service offered on a per Channel or per program basis.
"Person" means any natural person or any association, fmn, partnership, joint venture,
corporation, or other legally recognized entity, whEther for-profit or not-for-profi4 but shall not mean
the Grantor.
"Rights-of.. Way" means all of the public streets, alleys, highways, waterways, bridges,
easements, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present limits of the City, or in such territory as
may hereafter be added to, consolidated or annexed to the City.
6'Service" means any Cable Service, including any Basic Service, and any other related
service, such as, the provision of any equipment and any installation of equipment or facilities and
monthly use thereof, whether originated by tl1e Grantee or any other Person, which is offered to any
Person in conjunction with, or distributed over, the System.
"State-of-the-Art" or "State otthc Art/' as applicable, means that level of technical or
service performance, capacity nnd capability (including, but not limited to, plant or other
equipment; c.onstruction techniques; customer service; facilities, equipment, systems and.
Qperation~; and per(ormance standnrds) which has been d~veloped and demonstrated in tb-:
~",stry to be workahle nnd..EcoRomically and TechnicalLY Feasible and ViabkJi:mn
time to time througbout the term of tbf: Franchise...
"Subscriber" means any Person lawfully receiving any Service provided by the Grantee by
n1eans of or in connection with the System, whether or not a fee is paid for such Service.
6'Subscriber Network" means that portion of the System over which Services are provided
primarily to residential Subscribers.
6'Systeln" ne,UlS the Cable System which is to be constructed or leased, operated, maintained
cwfranagr .007
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..
Section 7 -- The System
(A) TIle Grantee shall construct, operate, maintain, and upgrade the System as provided
in this Ordinance.
(B) The Grantee shall build the System on the schedule and as otherwise provided in
Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-eight
ffflJ nine (79) activated downstremTI video Channels, and a minimum upstream capacity of thirty-five
(35) Mhz, an errergency override rrechanism, and the other characteristics set forth on Appendix A.
(C) The Grantee shall construct, operate, maintain and upgrade the System such that it
is capable of transmitting and receiving signals to and from any other Cable System in the City of
Clearwater.
(D) 'The Grantee shall comply with the terms set forth in Appendix B in connection with
all work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System, in addition to any other requireIrents or procedures reasonably specified by the Grantor. All
work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System shall be performed in a safe, thorough and reliable manner using materials of good and
durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of
competent jurisdiction that any part of the System, including, without limitation, any means used to
distribute Signals over or within the System, is hannful to the health or safety of any Person, then the
Grantee shall, at its own cost and expense, promptly correct all such conditions.
(E) Neither the Grantor nor its officers, employees, agents, attorneys, consultants or
independent contractors shall have any liability to the Grantee or any Affiliate Person for any liability
unless such liability arises because of the willful misconduct or gross negligence, as a result of or in
connection with the protection, bleadillg .bJ:.eaking through, movement, removal, alteration, or
relocation of any part of the System by or on behalf of the Grantee or the Grantor in connection with
any errergency, public work, public improvement, alteration of any municipal structure, any change
in the grade or line of any Stree4 or the elimination, discontinuation, and closing of any Street, as
provided in this Ordinance.
(F) Performance Bond
(1) To guarantee the timely construction of the System and of any upgrade
undertaken during the term of this Ordinance, to ensure that the operation of the System
continues in an orderly and uninterrupted manner in the event of a default by the Grantee, and
for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and
shall maintain throughout the term of this Ordinance, a performance bond solely for the
protection of the Grantor, with a corporate surety and trust company acceptable to the
Director, as provided in this Section.
cwfranagr.007
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.' ,,' . . . 01 . . _ ' .. - _. --~
(2) The performance bond shall be in a face amount of One Hundred Thousand
Dollars ($100,000.00).
(3) 11le performance bond shall indemnify the Grantor, up to the full face amount
of the bomJ9 for: (i) the cost to continue any upgrade of the System in the Franchise Area and
to maintain operation of the System following a termination of this Ordinance up to the date
upon which the face amount of the bond, plus all net revenue actually received through the
continued operation of the System during said period, have been eKhausted; (ii) any loss or
damage to any municipal structure during the course of any construction or operation of the
System; (ill) any other costs, or loss or damage actually incurred by the Grantor as a result
of the Grantee's failure to perform its obligations pursuant to this Ordinance; (iv) the removal
of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set
forth in this Ordinance; (vi) the payment of premiums for the liability insurance required
pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor
at the termination of this Ordinance, at the election of the Grantor9 pursuant to this
Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable
pursuant to Section 16 which are not paid by the Grantee 9S insurance; (ix) the payment of any
other alOOunts which become due to the Grantor pursuant to this Ordinance or law; and (x)
anycosts910sses or damages incurred by the Grantor as a result of a default of the Grantee's
obligations under this Ordinance.
(4) The performance bond shall be in a form approved by the Director .CiU
Attorney. Such approval shall not be unreasonably withheld. Such bond shall provide that
it may not be canceled without the consent of the Grantor. The Grantor will be given Sixty
(60) days written notice by registered mail, return receipt requested of intent to cancel or not
renew this bond.
(5) The faithful perfonnance by and the liability of the Grantee pursuant to this
Ordinance shall not be limited by the acceptance of the bond required by this Section 7 (F).
(6) Throughout the tenn of this Ordinance9 or for as long as the Grantee operates
the System, which ever period is longer, and for at least ninety (90) days thereafter., the
Grantee shall maintain the performance bond in the amount specified in this Section 7 (F)(2).
Within fifteen (15) business days after receipt of notice from the Grantor that any amount has
been withdrawn from the performance bond, as provided in this Section, the Grantee shall
restore the perfonnance bond to the amount required pursuant to Section 7(F)(2), provided
that said restoration obligation shall be suspended during the period of any judicial challenge
by the Grantee to the propriety of said withdrawal froln the performance bond. If a court
determines that said withdrawal by the Grantor was improper, the Grantor shall restore the
improperly withdrawn amount to the performance bond.
(7) 'The Grantor shall have the right to withdraw amounts from the performance
bond to cure any breaches of obligations for which the perfonnance bond acts a security,
cwfranagr .007
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(d) If the Grantor's governing body determines that such Event of Default
has occurred, and that such Event of Default has not been and will not be cured in a
manner and in accordance with a schedule reasonably satisfactory to the Grantor's
governing body, and that such Event of Default is not excusable, then the Grantor
may take any of the actions provided in Section 15(8)(2).
.!.!J. UpOh the occuuell...e of LeJ l( a cHurl of competent judsdi~tion
deterrnines that an Event of Default under Section 15(B)(1) ffl has occurred, the
court's detennination shall be deemed a final determination by the Grantor under
Section 15(B)(3) and in addition to pursuing any of the actions set forth in this
Section 15(B)(2), the Grantor may issue a directive to correct such conditions,
consistent with this Ordinance and the determination of the court, without following
the procedural requirements of this Section 15(8)(3).
(C) In the event of any termination of this Ordinance, whether by expiration (where the
Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may
(i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of
this Ordinance and such additional terms and conditions as are equitable to the Grantor and the
Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction
and operational activities in a prompt and workmanlike manner.
CD) In addition to its rights under Section 15(C), upon any termination, the Grantor may
issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or
any portion of the System from all Rights-of-Way and other public or nonpublic property within the
Franchise Area, subject to the following:
(1) in removing the System, or any part thereof, the Grantee shall, at its own
expense, refill and compact any excavation it makes, and shall leave the Righl~-of-Way and
other property, including utility cables, wires and attachments, in as good condition as that
prevailing prior to the Grantee's removal of the System;
(2) the liability insurance and indemnity provisions of this Ordinance shall remain
in full force and effect during the period in which the System is being removed and the
associated repairs to the Rights-of-Way and other property are being made; and
(3) if in the reasonable judgrrent of the Grantor, the Grantee fails to substantially
complete removal, including repair of the Rights-of-Way and other property within twelve
(12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to:
(A) authorize removal of the System,' at the Grantee's cost, by another Person; and
(B) declare that all rights, title and interest to the System belong to the Grantor, including any
portion of the System not designated for remova4 without compensation to the Grantee. The
Grantee shall execute and deliver such documents as the Grantor may request, to evidence
such ownership by the Grantor.
cwfranagr.007
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, . . .,.... ..- --. .......
. '. . . . . . ,\ .
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8.3 LengtlLofJime to Disconnection. If disconnection occurs at the
Subscriber's written or oral request, then, for billing purposes, it shall be deemed to
have occurred three (3) days after the Grantee receives the request for disconnection
unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period.
8.4 Sc.b..ed.uJinQ Appointments. Except for disconnection of Cable Service
for non-payment, the Grantee shall either set a specific appointment time or specify a
four (4) hour time period during normal business hours, during which its work crew shall
visit the Subscriber's premises to disconnect service and to remove any Equipment.
The Grantee may schedule such service outside normal business hours for the express
convenience of the Subscriber.
8.5 . The Grantee shall ensure that
the subscriber's premises are restored to their original condition if damaged by the
Grantee's employees or agents in any respect in connection with the installation, repair
or disconnection of Cable Service.
8.6 . The Grantee shall not charge any fee for
disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a
period of six (6) months or less, the Grantee shall not impose a charge on such
Subscriber for reconnection within such six (6) month period, if, at or prior to the time of
disconnection, the Subscriber notifies the Grantee that he or she requests to have his
or her Cable Service reconnected within six (6) months. In such cases, the Grantee
shall disconnect and reconnect the Subscriber's Cable Service remotely without visiting
the Subscriber's place of residence.
0.7 '/v'iring. Notwithstanding any rules and regulations promulgated by the rcc during
the term of the Agreement pursuant to Section 624(i) of the Cable Act (47 U.S.C. S
544(i)) regarding the disposition of any wires installed by the Grantee within a
Subscriber's premises, any and all wiring of the System inside the Subscriber's
premises and all wiring from a Subscriber's premises to the Rights-of-VVay shall
become the property of the Subscriber if: 0) the Subscriber has paid an installation fee
or the installation fee was waived by the Gr~ntee; or (ii) the Subscriber maintained
Cable Service for at least one (1) year. .
SECTION 9
CREDITS AND REFUNDS
9.1 Grounds. As a result of the Grantee's failure to comply with these
consumer protection standards, the Grantee shall provide to each affected Subscriber
or potential Subscriber, as applicable, the following credits:
(i) for a failure of the Grantee's crew to arrive at the Subscriber's
premises at the scheduled time or within the promised four (4) hour period for
CWAPPA.RL 1
- 30-
0531961729
.# II
C A h,(\\.,J (\LI1- C\-\- \'\1~
ORDINANCE NO. 6046-96
AN ORDINANCE GRANTING TO GTE MEDIA VENTURES INCORPORATED
THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND RIGHTS-OF-
WAY IN THE CITY OF CLEARWATER, FLORIDA, AS A MEANS OF
PROVIDING CABLE TELEVISION SERVICES; PRESCRIBING THE TERMS
AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS;
PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1 -- ~~indings
Pursuant to the procedures in the Cable Act (as defined in Section 3), and Section 166.046
of the Florida Statutes (Municipalities - Definitions; minimum standards for cable television franchises
imposed upon counties and municipalities), the Grantor (as defined in Section 3) has held a public
hearing where the following issues related to granting a cable television franchise to Grantee were
considered: (i) the economic impact upon private property within the City; (ii) the public need for
such franchise; (iii) the capacity of public rights-of-way to accommodate the cable system; (iv) the
present and future use of the public rights-of-way to be used by the cable system; (v) the potential
disruption to existing users of the public rights-of-way to be used by the cable system and the
resultant inconvenience which may occur to the public; (vi) the financial ability of the franchise
applicant to perform; and (vii) other societal interests as are generally considered in cable television
franchising. The Grantor has detennined to grant a new cable television franchise to GTE Media
Ventures Incorporated (the "Grantee") on the tenus and conditions set forth in this Ordinance, and
the Grantee agrees to such terms and conditions.
Section 2 -- Short Title
This Ordinance shall be know and may be cited as the "GTE Media Ventures Cable
Franchise. "
Section 3 -- Definitions
For purposes of this Ordinance, the following tenns, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words in the present
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.-
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" . .. .. ". i'"" ' . . .... ~ ~ .. .......~..-...~. -:
- . . ~. . , I " ~'j' .. ... .... ~, , ',' ,
tense include the future, words in the plural number include the singular number ami words in the
singular number include the plural number. 'n1e word "shall" is always mandatory and not merely
directory.
"AbandUlllnent" means: (i) the cessation, by act or failure to act of the Grantee of the
provision of all, or substantially all, of the Services then being provided over the System to
Subscribers or the Grantor for twenty-four (24) or more consecutive hours, except if due to an event
beyond the control of the Grantee; or (ii) the completion of any action described in Section 14 of this
Ordinance without the prior written consent of the Grantor.
"Affiliated Person" means each Person who falls into one or more of the following
categories: (i) each Person having, directly or indirectly, a Controlling Interest in the Grantee; (ii)
each Person in which the grantee has, directly or indirectly, a Controlling Interest; (iii) each officer,
director, general partner, limited partner holding an interest of twenty-five percent (25%) or more,
joint venturer or joint venture partner, of the Grantee; and (iv) each Person, directly or indirectly,
controlling, controlled by, or under common Control with, the Grantee; provided that "Affiliated
Person" shall in no event Il"Can the Grantor, the entity, if any, administering some or all of the Access
Channels, any limited partner holding an interest of less than twenty-five percent (25%) of the
Grantee, or any creditor of the Grantee solely by virtue of its status as a creditor and which is not
otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or
being under COIllmon ownership, cornmon management, or common Control with, the Grantee.
"Basic Service" n~ans that level of Cable Services distributed over the Subscriber Network,
which, at a minimum, shall include: (i) all Signals carried on the System in fulfillment of the
requiren~nts of Sections 614 and 615 of the Cable Act (47 V.S.C. ~~ 534 and 535, respectively); (ii)
any Access Channel prograrrnning required by this Ordinance to be provided to Subscribers; (Hi) any
Signal of any broadcast. station provided by the Grantee to any Subscriber, except a Signal which is
secondarily transmitted by a satellite carrier beyond the local service area of such station; and (iv) any
other Cable Services offered as basic service.
HCable Act" means the Cable Communications Policy Act of 1984,47 V.S.C. ~~ 521-611
(1991) and any amendments thereto, including amendments made by the Telecommunications Act
of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), and the Cable Television Consumer Protection
and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992), codified at 47 V.S.C. ~~
151-611 (1993) and any amendments thereto, including amendments made by the
Telecomlnunications Act of 1996, Pub. L. No. 104-104,119 Stat. 56 (1996), all of which, among
other things, are amendments to the Communications Act of 1934, 47 V.S.C. ~~ 151-611 (1991).
HCable Service" means: (i) the one-way transnlission to Subscribers of video programming
or other progrannning service and (ii) Subscriber interaction, if any, which is required for the selection
or use of such video programming or other progranuning service.
HCable System" means any facility, consisting of a set of closed transmission paths and
cwfranagr.007
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, . . . ~... . - ",.. ..--
. .
. , , . . .
associatcd signal generation, reception and control equipment, that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a .
cOllul1unity, but such term does not include (i) a facility that scrves only to retransmit the television
signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using
any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in part, to
the provLl\ions of subchaptcr 1I of the Communications Act of 1934, except to the extent such facility
is used in the transmission of video programming directly to subscribers; or (iv) any facilities of an
electric utility used solely for operating its electric utility system.
"Channel" mcans a band of frequencies in the electromagnetic spectrum, or any other means
of translnission (including, without limitation, optical fibers or any other means now available or that
may becon~ available), which is capable of carrying a video Signal, an audio Signal, a voice Signal,
or a data Signal.
"Control" or "Controlling Interest" means actual working control in whatever manner
exercised, induding, without limitation, working control through ownership, management, debt
instruments, or negative control, as the case may be, of the System, the Franchise or the Grantee.
"Econonlically and Technically Feasible and Viable" means capable of being provided:
(a) through technology which is readily available with reasonable delivery schedules from two (2) or
more sources of supply and has been demonstrated in actual operating conditions (not simply through
tests or experiments) to operate in a workable manner; and (b) in a manner which has a reasonable
likelihood of generating a reasonable returu on the Grantee's investment when measured over the
remaining term of the Franchise.
"FCC" means the Federal Conununications Commission, its designee, or any successor
thereto.
"Franchise Area" n~ans the area consisting of the corporate liInits of the City of Clearwater,
as its border may be changed from time to time.
"Grantee" means GTE Media Ventures Incorporated, a Delaware corporation, whose
principal place of business is located at 600 Hidden Ridge HQE04G06, P.O. Box 152092, Irving, TX
75015-2092.
"Grantor" means the City of Clearwater, Florida, or, as appropriate in the case of specific
provisions of this Ordinance, any board, bureau, authority, agency, commission, department of, or
any other entity of or acting on behalf of, the City of Clearwater, Florida, or any officer, official,
enlployee, or agent thereof, any designee of any of the foregoing, or any successor thereto.
"Gross I~c\'cnuc" means all revenue, as determined in accordance with generally accepted
accounting principles, induding advertising revenue, which is received by the Grantee, by any
Affiliated Person, and any other Person from or in connection with the distribution of any Service on
cwfranagr.007
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I .r-
GVCv'
I . , '. J ~... . - -, ..-.
.. ", . ,.'
the System or the provision of any service related activity in connection with providing Service on
the System Gross Revenue shall nut include the revenue of any Affiliated Person and other Person,
including, without lill1itation. a supplier of programming of the Grantee, to the extent that said
Revenue is also included in Gross Revenue of the Grantee. In no event shall Gross Revenue include
any revenues otherwise classified as "Noncable Service" revenue under federal or state law or any
revenue of the Grantee or any other Person which is received directly from the sale of merchandise
through any Service distributed over the System (other than that portion of such revenue which
represents or can be attributed to a Subscriber fee or a payment for the use of the System for the sale
of such merchandise, whkh portion shall be included in Gross Revenue).
"Non cable Service" means any Service which is distributed over the System, other than a
Cable Service.
"Pay Service" means any Cable Service offered on a per Channel or per program basis.
"Person" means any natural person or any association, finn, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for-profi4 but shall not Inean
the Grantor.
"Rights-of- Way" means all of the public streets, alleys, highways, waterways, bridges,
easelnents, sidewalks and parks of the City of Clearwater, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present limits of the City, or in such territory as
may hereafter be added to, consolidated or annexed to the City.
"Service" means any Cable Service, including any Basic Service, and any other related
service, such as, tlle provision of any equipment and any installation of equipment or facilities and
monthly use thereof, whether originated by the Grantee or any other Person, which is offered to any
Person in conjunction with, or distributed over, the System.
"State-of-the-Art" or "State of the Art," as applicable, means that level of technical or
service perfonnance, capacity and capability (including, but not limited to, plant or other equipment;
construction techniques; customer service; facilities, equipment, systems and operations; and
performance standards) which has been developed and demonstrated in the cable industry to be
workable and Economically and Technically Feasible and Viable from time to time throughout the
term of the Franchise.
"Subscriber" means any Person lawfully receiving any Service provided by the Grantee by
means of or in connection with the System, whether or not a fee is paid for such Service.
"Subscriber Network" means that portion of the System over which Services are provided
primarily to residential Subscribers.
"System" Ireans the Cable System which is to be constructed or leased, operated, maintained
cwfranagr.007
4
and upgraded, as necessary. by the Grantee pursuant to this Ordinance, including, without limitation,
all of Grantee's rights to and interest in all real property, all tangible and intangible personal property,
buildings, offices, furniture, leases, Subscriber lists, cables, amplifiers and all other electronic devises
used in connection therewith and all of Grantee's rights to and interest in all rights, contracts and
understandings with regard to any matter related thereto.
Section 4 -- Grant of Authority
(A) ll1ere is hcreby granted by Grantor, to Grantee, the rights and privilege to construct,
erect, operate, own and maultain, in, upon, along, across, above, over and under Rights-of-Way now
laid out or dedicated, and all extensions thereof, and additions thereto in the Grantor, poles, wires,
cables, underground conduits, manholes and other communication futures and utility structures
necessary or proper for the maintenance and operation of the System in accordance with the
provisions of this Ordinance; and in addition, so to use and operate similar facilities or properties
including, but not limited to, any public utility, rented or leased from other persons, including, but not
liInited to, other grantees franchised or penl1itted to do business in the City. This Franchise is
a warded subject to all applicable City ordinances and regulations, provisions of general or special
laws of Florida, and the federal laws and regulations.
(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way to provide Cable
Services only and only within the Franchise Area.
(C) The Franchise is nonexclusive. Nothing in this Ordinance shall affect the right of the
Grantor to grant to any Person, or to itself, a franchise, consent, or right to occupy and use the
Rights-of-Way, or any part thereof, for the construction, operation, or maintenance of all or any part
of a Cable System within the Franchise Area or for any other purpose.
(D) This Section 4(D) shall be applicable if the Grantor exercises its right to grant to any
third party one or rnore franchises for the construction, operation or maintenance of a cable system
pursuant to the Cable Act, and shall be implemented consistent with Section 166.046 of the Florida
Statutes (Municipalities - DefInitions; minimum standards for cable television franchises imposed
upon counties and municipalities).
If the Grantor exercises its right to grant to any third party one or more franchises (hereinafter
"Additional Cable Franchise Ordinance") for the construction, operation or maintenance of a Cable
System pursuant to the Cable Act and the Grantee believes the Additional Cable Franchise Ordinance
pursuant to which such Additional Cable Franchise Ordinance is granted bestows benefits or imposes
burdens on the franchisee which, on balance, are materially more advantageous to such third party
th,Ul the benefits bestowed and burdens imposed on the Grantee by this Ordinance are to the Grantee,
then the Grantee may request that the Grantor make a determination to such effect and, in the event
of such a detennination, renegotiate the terms and conditions of this Ordinance as provided below.
'I11e Grantee may only request such a detcrmination if the Grantee is in substantial compliance with
cwfranagr.007
5
(jV!(J/
the material provisions of this Ordinance.
In the evcnt of such a request, the Grantor shall determine. under its standard procedures,
whether the Additional Cable Franchise Ordinance bestows benefits or imposes burdens on the third
party which, on balance. are materially more advantageous to the third party than the benefits and
burdens impLlseLi by this Ordinance are to the Grantee.
In making a determination under this subscction. the Grantor may consider factors such as,
but not limited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee,
including the Grantee; (iii) the number and density of dweJling units to be served; (iv) differences in
construction, opcrational and maintenance costs; (v) differences in required system characteristics,
including state-of-the-art requirement~; (vi) differences in service obligations, including public,
educational and governmental access and institutional service requirelnents; (vii) differences in
pennitted company fees and charges; and (viii) such other factors and considerations as it considers
to be relevant to an inquiry into the overall econOlnic comparability of the agreements.
If the Grantor determines that the Additional Cable Franchise Agreement bestows benefits
and imposes burdens on the third party which, on balance, are materially more advantageous to the
third party than the benefits bestowed and burdens imposed by this Ordinance are to the Grantee, then
upon the Grantee's request, the Grantor and the Grantee shall enter into good faith negotiations to
seek to modify this Ordinance to bestow benefits and impose burdens which. on balance, create
overall economic comparability between this Ordinance and the Additional Cable Franchise
Agreement.
(E) Nothing in tIlls Ordinance shall be construed to prohibit the Grantor from (i) operating
as a multichannel video progranuning distributor in the Franchise Area, notwithstanding the granting
of one or more franchises by the Grantor or (ii) requiring the Grantor to secure a franchise to operate
as a multichannel video programming distributor.
(F) Nothing in this Ordinance shall (i) abrogate the right of the Grantor to perform any
public works or public improvements of any description, (ii) be construed as a waiver of any codes
or ordinances of the Grantor or of the Grantor's right to require the Grantee or any Person utilizing
the System to secure the appropriate permits or authorizations for such use, or (iii) be construed as
a waiver or release of the rights of the Grantor in and to the Rights-of-Way. In the event that all or
part of the Rights-of-Way within the Franchise Area are elitninated, discontinued and closed, the
Franchise shall cease with respect to such Rights-of-Way upon the effective date of the final action
of the Grantor with respect thereto.
(G) Nothing in this Ordinance authorizes the Grantee to provide noncable services.
Consistent with applicable law, the Grantee may petition the Grantor for the authority to provide
noncable services, and the Grantor may grant such authority on tenns and conditions that the Grantor
reasonably determines are appropriate in the circumstances.
cwf ranagr.007
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'+...t...... ". "'~.''''''.''' '4 " '<..~i.~...:.,_ r I''-I'_''t':'''~ ...... '........ '. . '. .' . . i -.'- -_.~- __oL.
Section 5 -- Term of Franchise
(A) The Franchise and rights herein granted shall take effect and be in force fronl and after
the final passage hereof, as required by law and upon the filing of an acceptance by Grantee of all the
terms thereof with the Grantor and shall, unless sooner terminated pursuant to this Ordinance or .
applicable law, continue in force and effect for a term of ten (10) years after the effective date of this
Franchise.
(B) Subject to Section 626 of the Cable Act (47 V.S.C. ~ 546), the Grantor reserves the
right to grant or deny renewal of the Franchise.
Section 6 -- Compensation and Other Payments
(A) As compensation for the Franchise, the Grantee shall pay, or cause to be paid, to the
Grantor the amounts set forth in this Section 6(A)--
(I) The Grantee shall pay to the Grantor franchise fees of five percent (5%) or the
maximmn amount permitted by the Cable Act if hereafter adopted by resolution of the
Grantor.
(2) All such payn-ents of franchise fees shall be made on a quarterly basis and shall
be remitted simultaneously with the submission of the Grantee's quarterly report required
pursuant to Section 6(A)(3).
(3) The Grantee shall submit to the Grantor a report, in such fonn and containing
such detail as the Grantor shall reasonably require, not later than thirty (30) days after the last
day of each quarter throughout the term of this Ordinance setting forth the Gross Revenue
for the preceding quarter.
(4) No acceptance of any franchise fee payment by the Grantor shall be construed
as an accord and satisfaction that the amount paid is in fact the correct amount for a release
of any daiIn that the Grantor may have for further or additional sums payable under this
ordinance, and all amounts paid shall be subject to audit and recomputation by the Grantor.
If, as a result of sllch audit or any other review, the Grantor determines that the
Grantee has underpaid its fees in any twelve (12) month period by ten percent (10%) or more,
then, in addition to making full pa)'Irent of the relevant obligation, the Grantee shall reimburse
the Grantor for all of the reasonable costs associated with the audit or review, including all
reasonable out-of-pocket costs for attorneys, accountants, and other consultants.
(5) If the Grantee collects from Subscribers any amounts to be paid to leased
access programn~rs for the provision of Services on the System that would not otherwise be
cwfranagr.007
7
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included in the dcfinition of Gross Revenue, the Grantee ~hall deduct the same percentage
from such amounts as the then-applicable franchise fce percentage pursuant to Section
6(A)( 1) and include such deducted amounts in its payment to the Grantor pursuant to this
Section 6(A) and include such payments in ill) report pursuant to Section 6(A)(3).
(6) The Grantee shall ensure, through contract or other arrangement, that any
Person other thall the Grantee who collects from Subscribers amounts that would constitute
Gross Revenue if received directly by the Grantee (e.g., from a Person who leases a channel
pursuant to Section 612 of the Cable Act) is required to remit to the Grantor quarterly a
percentage of such amounts collected which is equal to the then-applicable franchise fee.
Such contract or arrangement must also require the Person to submit a quarterly report which
n-cets the requirencnts of Section 6(A)(3) and must cntitle the Grantor to enforce the fee and
reporting requirement'; directly against the Person.
(B) The parties agree that the compensation and other payments to be made pursuant to
this Section 6 and allY other provision of this Ordinance are not a tax and are not in the nature of a
tax and are itl addition to any and all taxes of general applicability or other fees or charges (including
any fees or charges which may be imposed on the Grantee for the use of poles, conduits or similar
facilities that rnay be owned or controlled by the Grantor) which the Grantee or any Affiliated Person
shall be required to pay to the Grantor.
(C) ]f any payment required by this Ordinance is not actually received by the Grantor on
or before the applicable date fixed in this Ordinance or by the Grantor, the Grantee shall pay interest
thereon, fro111 the due date to the date paid at a rate of one percent (1 %) per month, compounded
monthly, for the period of delinquency.
(D) In the event the Grantee continues to operate all or any part of the System after the
telTIl of the Franchise, then the Grantee shall continue to comply willl all applicable provisions of this
Ordinance, including, without limitation, all compensation and uther payment provisions of this
Ordinance, throughout the period of such continued operation, provided that any such continued
operation shall in no way be construed as a renewal or other extension of the Franchise.
(E) The Grantee has paid or arranged to pay, in a manner satisfactory to the Grantor, a
grant in the amount of Fifty Thousand Dollars ($50,000.00) to be used to reimburse the reasonable
costs incurred by the Grantor for the services and expenses of third parties (including, but not limit
to, attorneys and other consultants) in connection with the award of the Franchise effected by this
Ordinance, or by Grantor for any other lawful purpose. The Grantee shall pay, in a manner
satisfactory to the Grantor, an amount equal to the costs and expenses which the Grantor incurs in
the futurc for the services of third parties (including, but not Hmited to, attorneys and other
consultants) in connection with any future renegotiation, transfer, amendment, renewal or other
modification of this Ordinance or the Franchise (where such action is initiated or supported by the
Grantce or an Affiliated Person) at such time and in such manner as the Grantor shall specify.
cwfranagr.007
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Section 7 -- The Systern
(A) The Grantee shall construct, operate, maintain, and upgrade the System as provided
in this Ordinance.
(B) The Grantee shall build the System on the schedule and as otherwise provided in
Appendix A. Upon completion of the System, it shall be capable of providing at least seventy-nine
(79) activated downstream video Channels, and a minimum upstream capacity of thirty-five (35) Mhz,
an emergency override mechanism, and the other characteristics set forth on Appendix A.
(C) The Grantee shall construct, operate, maintain und upgrade the System such that it
is capable of transmitting and receiving signals to and from any other Cable System in the City of
Clearwater.
(D) The Grantee shall comply with the terms set forth in Appendix B in connection with
all work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System, in addition to any other requiren-cnts or procedures reasonably specified by the Grantor. All
work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System shall be performed in a safe, thorough and reliable manner using materials of good and
durable quality. If, at any time, it is determined by the Grantor or any other agency or authority of
competent jurisdiction that any part of the System, including, without limitation, any means used to
distribute Signals over or within the System, is hannful to the health or safety of any Person, then the
Grantee shall, at its own cost and expense, promptly correct all such conditions.
(E) Neither the Orantor nor its officers, employees, agents, attorneys, consultants or
independent contractors shall have any liability to the Orantee or any Affiliate Person for any liability
unless such liability arises because of the willful misconduct or gross negligence, as a result of or in
connection with the protection, breaking through, movement, removal, alteration, or relocation of
any part of the System by or on behalf of the Grantee or the Grantor in connection with any
energency, public work, public improve~nt, alteration of any municipal structure, any change in the
grade or line of any Street, or the eliInination, discontinuation, and dosing of any Street, as provided
in this Ordinance.
(F) Perfonnance Bond
(1) To guarantee the timely construction of the System and of any upgrade
undertaken during the term of this Ordinance, to ensure that the operation of the System
continues in an orderly and uninterrupted I1wmer in the event of a default by the Grantee, and
for the other purposes specified in Section 7(F)(3) hereof, the Grantee shall arrange for, and
shall maintain throughout the tenn of this Ordinance, a performance bond solely for the
protection of the Grantor, with a corporate surety and trust company acceptable to the
Director, as provided in this Section.
cwfranagr.007
9
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(2) The performance bond shall be in a face amount of One Hundred Thousand
Dollars ($1 (HJ,()()O.()()).
(3) The performance bono shall indenmify the Grantor, up to the full face amount
of the bond, for: (i) the cost to continue any upgrade of the System in the Franchise Area and
to maintain operation of the System following a termination of this Ordinance up to the date
upon which the face amount of the bond, plus all net revenue actually received through the
continued operation of the System during said period, have been exhausted; (ii) any loss or
damage to any municipal structure during the course of any construction or operation of the
System; (iii) any other costs, or loss or damage actually incurred by the Grantor as a result
of the Grantce 's failure to pcrform its obligations pursuant to this Ordinance; (iv) the removal
of all or any part of the System from the Rights-of-Way; (v) the payment of compensation set
forth in this Ordinance; (vi) the payment of premiums for the liability insurance required
pursuant to this Ordinance; (vii) the removal of the System from the property of the Grantor
at the termination of this Ordinance, at the election of the Grantor, pursuant to this
Ordinance; (viii) the payment to the Grantor of any amounts for which the Grantee is liable
pursuant to Section 16 which are not paid by the Grantee's insurance; (ix) the payment of any
other amounts which become due to the Grantor pursuant to this Ordinance or law; and (x)
any costs, losses or damages incurred by the Grantor as a result of a default of the Grantee's
obligations under this Ordinance.
(4) The performance bond shall be in a fonn approved by the City Attorney. Such
approval shall not be unreasonably withheld. Such bond shall provide that it may not be
canceled without the consent of the Grantor. The Grantor will be given Sixty (60) days
written notice by registered mail, return receipt requested of intent to cancel or not renew this
bond.
(5) The faithful performance by and the liability of the Grantee pursuant to this
Ordinance shall not be limited by the acceptance of the bond required by this Section 7(F).
(6) Throughout the term of this Ordinance, or for as long as the Grantee operates
the System, which ever period is longer, and for at least ninety (90) days thereafter, the
Grantee shall maintain the performance bond in the amount specified in this Section 7(F)(2).
Within fifteen (15) business days after receipt of notice from the Grantor that any amount has
been withdrawn from the performance bond, as provided in this Section, the Grantee shall
restore the performance bond to the amount required pursuant to Section 7(F)(2), provided
that said restoration obligation shall be suspended during the period of any judicial challenge
by the Grantee to the propriety of said withdrawal from the performance bond. If a court
determines that said withdrawal by the Grantor was improper, the Grantor shall restore the
improperly withdrawn amount to the performance bond.
(7) The Grantor shall have the right to withdraw amounts from the perfonnance
bond to cllrc any breaches of obligations for which the performance bond acts a security,
cwfranagr.007
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provided, however, that the Grantor shall not make any withdrawals by reason of any breach
for which the Grantee has not been given written notice and an opportunity to cure pursuant
to Section 15 of tJ1is Ordinance, including notice that the Grantor may make a withdrawal
from the performance bond. The withdrawal of amounts from the performance bond shall
constitute a credit against the amount of the applicable liability of the Grantee to the Grantor
but only to the extent of said withdrawal.
Section 8 -- Service Obligations
(A) Grantee shall make service available to any subscriber within the City upon
subscriber's request and. at the standard connection charge if the connection requires no more than
a one hundred fifty (150) foot aerial or underground drop (hereinafter the '4Standard Drop"),
measured from the new subscriber's residence or place of business to Grantee's nearest activated
coaxial distribution line, and includes one (1) outlet and standard materials.
(B) If Juaking service available requires more than a Standard Drop (such as a wall fish
installation), Grantee may, after so infonning the subscriber, charge the subscriber (i) the standard
connection charge and (ii) an amount equal to the reasonable actual labor (including wages, benefits
and payroll taxes), material and other costs incurred by Grantee for the additional facilities and work
(including a reasonable allowance for overhead); in the alternative, Grantee may charge an
appropriate hourly service charge for the entire installation. Ex.tension to new subdivisions or
developments within tJle Franchise Area shall be commenced within thirty (30) days after a request
for service and service shall be activated within ninety (90) days, unless the Grantor consents to some
other time period.
(C) In addition to the obligations set forth in Section 8(A) and 8eB) above, for requests
of service by commercial, industrial, and non-residential customers requiring more than a Standard
Drop, Grantee shall, within one hundred twenty (120) days following a request for service from any
potential commercial, industrial or non-residential customer, estimate the costs per customer of
supplying services to all tJle potential contiguous customers within an area reasonably defined by
Grantee, including the potential customer requesting service. Grantee shall (i) provide the potential
customer requesting service with a written estimate of the costs of providing that customer with
service~ along with an statement that such costs shall only apply if all (or a specified percentage) of
the other potential comrrercial, industrial or non-residential customers in the service area defined by
Grantee also request comparable service, and (ii) offer to provide the potential customer requesting
service as well as all the other potential contiguous customers, with a list of the names and addresses
of all the potential customers in the area defined by Grantee. If the potential customer requesting
service asks Grantee in writing for such a list of names and addresses, Grantee shall, at its cost,
provide the potential custorrer requesting service and all the other potential customers in the defined
service area with a copy of such written estimate of costs and the names and addresses of all such
potential customers in the defined service area, thereby enabling the potential customer requesting
service and all the other potential customers in the defined area jointly to agree to obtain service at
cwfranagr.007
11
(jv-<(r-
the lowest possible group rates~ provided, however, that Grantee shall only be required to provide
such a li'it of nanes and addresses if a commercial service is reasonably available to provide Grantee
with such a list. Grantee may require that such customer or cllstomers enter contracts which will
reasonably assure adequate revenues to provide Grantee with recovery of the full costs and expenses
of constructing and operating the line extension, including a reasonable return on investment over the
first five years of operatiun. Grantee shall provide the City with one (l) copy of the written cost
estimates and any list of names and addresses of potential cllstomers provided to the potential
customer requesting service.
(0) Throughout the term of the Franchise, the Grantee shall endeavor to offer to all
Subscribers a diversity uf video progrnmming services.
(E) The Grantee shall not discriminate or permit discrimination between or among any
Persons in the availability of Services. It shall be the right of all Persons to receive continuously all
available Services insofar as their financial and other obligations to the Grantee are satisfied.
(F) The Grantee shall provide a standard service drop from the subscriber network to one
point detennined by the City in each City building, fire station, community center, library, and other
public facilities, as they develop within the City, and to one point tletennined by each eLlucational
institution for each public primary, middle, secondary, higher education and technical school located
within the Grantee's service areas, including schools constructed subsequent to the effective date of
this Ordinance, with cable service including the basic service tier containing over-the-air local
broadcast stations and all public, educational and governmental access channels required to be carried
on basic, together with the immediately subsequent tier of programming (if any) containing basic
satellite services (such as CNN, Discovery, ESPN and USA), but excluding any subscriber equipment
and subsequent or higher tier of programming, including a la carte services, premium and related
services (such as DMX, Disney, HBO and Showtime) and any pay-per-view or per-event
programtning (such as Action, Request or Viewer's Choice). Such cable service shall be provided
without charge and at no monthly service charge for the first connection or drop, and with additional
outlets to be provided to any public facilities at the request of the City Manager at the cost of labor
and materials; provided, however, (i) that each such facility be located within 150 feet of Grantee's
existing activated coaxial distribution system; (ii) that wiring provided for facilities beyond 150 feet
of Grantee's activated distribution system be provided at Grantee's cost for the portion beyond 150
feet; (ill) that Grantee is able to secure all necessary rights-of-way upon reasonable terms and
conditions; (iv) that the location of the outlet provided with basic service is reasonably positioned in
relation to the entry point ofthe drop into the facility; (v) that Grantee not be required to relocate any
existing outlet in any public facility now provided with free basic service; (vi) that Grantee be required
to provide such service to government employees, but not transient members of the public, in police
stations providing overnight occupancy; (vii) that Grantee be required to provide such service to
municipal or public facilities, but not to private for-profit or non-profit hospitals or other
organizations; and (viii) that wiring provided by Grantee for additional outlets, if not installed by the
City or the recipient of such additional outlets, shall be provided by Grantee on the basis of actual
costs fur labor and materials, together with a reasonable allowance fur overhead not to exceed fifteen
cwfranagr.007
12
percent (15%), and Grantee shall provide the recipient of such wiring with a written estimate of such
costs in advance of installation. The public and educational buildings to be served by Grantee under
this Section include, at a minimum, the following buildings:
1.
City of Clearwater Services Complex
100 S. Myrtle Ave.
6.
Pinellas County Utilities Building
14 S. Fort Harrison
2.
City of Clearwater Police Department
200 S. East Ave.
7.
Pinellas County COUl1house
315 Court S1.
3.
City of Clearwater Fire Department
610 Pierce S1.
8.
Pinellas County
310 Court S1.
4.
City Hall
112 Osceola Ave.
9.
Pinellas County
440 Court St.
5.
Harbor View Center
300 Cleveland St.
10.
Clearwater Public Library
100 Osceola Ave.
Section 9 -- Public Services
(A) In accordance with Section 611 of the Cable Act (47 V.S.C. ~ 531), the Grantee
agrees to provide Channel capacity to be designated for public, educational or governmental ("PEG")
use and related equipment and facilities, services and/or financial support for the development and
use of PEG access as provided in Appendix C.
(B) The Grantee shall also provide capital grants and ongoing support payments of the
acquisition, lease or other provision or use of PEG access facilities and equipment as provided in
Appendix. C.
Section 10 -- Institutional Network
The Grantee's obligations with respect to the Institutional Network shall be in accordance
with Appendix D.
Section 11 -- Fees and Charges
(A) General requirements--
cwfranagr.007 13
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(I) The Grantee shall comply at all tin~s with the provisions of the Cable Act and
FCC rules and regulations applicable to rates and charges for any Service and the associated
terms and conditions for the provision of.any Service.
(2) During the tenn of tills Ordinance, the Grantee shall maintain with the Grantor
a complete listing of fees, charges, deposits and associated terms and conditions for all
Services.
(3) The Grantor reserves the right to regulate the rates, fees, charges, deposits and
associated tenns and conditions for any Service provided pursuant to this Ordinance to the
fullest extent permitted by applicable law.
(B) In addition to the requirements set forth in Section 7.1 of Appendix E to this
Ordinance, not less than thirty (30) days prior to the effective date of any change in any fee, charge,
deposit, tenn or condition (or such shorter period as may upon a showing of good cause be approved
by the Responsible Franchising Official), the Grantee shall (i) submit a revised listing of fees, charges,
deposits and associated teflns and conditions to the Responsible Franchising Official and (ii) provide
written notice uf the proposed change to each affected Subscriber.
(C) The Grantee shall not discriminate or pennit discrimination between or among any
Persons in the rates, terms and conditions for any Service, except as set forth below. The foregoing
requirements shall not prevent the use of: (i) different charges for residential Subscribers than for
nonresidential Subscribers, except with respect to Basic Service; (ii) short-term sales promotions and
other short-tenn discounts or reduced charges; (ill) reasonable discounts or reduced charges to senior
citizens or otJler economically disadvantaged groups; or (iv) bulk rate arrangements.
Section 12 -- Customer Service;
Subscriber Bills; and Privacy Protection
(A) The Grantee agrees to comply in all respects with the requirements of the customer
service standards set forth in Appendix E to this Ordinance. The Grantee shall also comply with all
rules and regulations established by the FCC pursuant to Section 632 of the Cable Act (47 D.S.C.
~ 552).
(B) The Grantee shall comply at all times with the provisions of the Cable Act and FCC
rules and regulations applicable to Subscriber bills, including, but not limited to, the fonnat and
itemization thereof and shall use all reasonable efforts to ensure Subscriber bills are not misleading.
(C) The Grantee shall comply at all times with the Subscriber privacy provisions of the
Cable Act or other applicable law. 'l11e Grantee shall cooperate with the Grantor so as to ensure the
Grantor's ability to enforce the tenn,,:> and conditions of this Ordinance by providing, upon the request
cwfranagr.007
14
of the Responsible Franchising Official, such Subscriber infonnation as may be reasonably requested
by the Responsible Franchising Official.
(D) The grantee shall C0I11ply at all times with FCC rules and regulations applicable to
Subscriber equipment and equipment compatibility.
Section 13 -- Oversight and Regulation
(A) The Grantor shall have the right to oversee, regulate, and periodically inspect the
construction, operation, maintenance and upgrade of the System, and all parts thereof, in accordance
with the provisions of this Ordinance and applicable law, including the Grantor's police power.
(B) When reasonably necessary to the administration or enforcement of the Ordinance,
and at the request of the Grantor, the Grantee shall promptly subnut to the Grantor such infonnation
as the Grantor may request regarding the Grantee, its financial statements or other financial
information, its compliance with any tenn or condition of this Ordinance, with respect to the System
or its operation, any Service distributed over the System, or any activity or function associated with
the production or distribution of any Service over the System.
(C) Throughout the term of the Agreement, the Grantee shall maintain in the Franchise
Area, or make available in the Franchise Area within fifteen (15) business days, complete and accurate
books of account and records regarding the Grantee's ownership and operation of the System and
the provision of Services over the System, including without limitation, books of account and records
adequate to enable the Grantee to demonstrate that it is, and throughout the term of tltis Ordinance
has bee, in compliance with this Ordinance. All such documents pertaining to fmancial matters which
may be the subject of an audit by the Grantor shall be retained by the Grantee for a minimum of three
(3) years following termination of this Ordinan~.
(D) The Grantor's rights of inspection and audit shall inc1ude--
(1) Upon notice to the Grantee, the Grantor or its designated representatives, shall
have the right to exarnine, when reasonably necessary to the administration or enforcement
of the Ordinance in the Franchise Area, all books and records pertaining to the Grantee ~ s or
any Affiliated Person's ownership or operation of the System or to the Grantee's or Affiliated
Person's provision of Services over the System. Further, during normal business hours and
upon notice to the Grantee, the Grantor or its designated representatives may inspect and
examine any other aspect of the System, including facilities and equipnlent thereof.
(2) Access by the Grantor to any of the documents, records or other information
covered by this Section 13(D) shall not be denied by the Grantee on grounds that such
documents, records or information are alleged by the Grantee to contain proprietary
information, provided that this requirement shall not be deemed to constitute a waiver of the
cwfranagr .007
15
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Grantee's right to assert that the proprietary information contained in such document\},
records or other information, should not be disclosed and to withhold such information upon
the agreement of the Grantor. If the Responsible Franchising Official concurs with the
Grantee's assertion regarding the proprietary nature of such information, the Grantor will not
disclose such information to any Person, unless required by applicable law or order of
governmental authority. If the Responsible Franchising Official does not concur with such
assertion, then the Grantee may appeal such decision to the appropriate individuals or bodies
within the Grantor in accordance with applicable laws and procedures. If the Grantor does
not concur with the Grantee's assertion, or if the Grantee does not appeal, then the Grantee
shall promptly provide such documents, including the alleged proprietary portion thereof, to
the Grantor, provided that the Grantee shall not be required to provide the proprietary portion
thereof during the pendency of any court challenge to such provision.
(3) The Grantor may conduct a full compliance audit and hold public hearings at
any time during the teml of the Franchise, provided it gives the Grantee written notice ten
(10) days in advance of the commencement of such audits and associated hearings.
Section 14 -- Restrictions Against
Assignrnents and Other Transfers
(A) The Grantee may not transfer the Franchise or any of the Grantee's rights or
obligations in or regarding the System or the Franchise to any person or entity not wholly owned by
GTE Corporation, either directly or through a wholly-owned subsidiary, without the prior written
consent of the Grantor. Such consent shall not be unreasonably withheld.
(B) No change in Control of the Grantee, the System or the Franchise to any person or
entity not wholly owned by GTE Corporation, either directly or through a wholly-owned subsidiary,
shall occur after the Effective Date, by act of the Grantee or by act of any Person holding Control of
the Grantee, the System or the Franchise, by operation of law, or otllerwise, without the prior written
consent of the Grantor. Such consent shall not be unreasonably withheld.
(C) Any request for approval shall be handled by the Grantor in accordance with its
customary rules and procedures. In connection with any request for approval, the Grantee shall
submit to the Grantor such infonnation as the Grantor may reasonably request.
Section 15 -- Specific Right<; and Remedies
(A) The Grantee agrees that the Grantor shall have the specific rights and remedies set
forth in this Section 15. These rights and remedies are in addition to any and all other rights or
remedies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and
cwfranagr.007
16
will not be dccl11~d waived by the exercise of any other right or remedy. The exercise of any such
right or rcn~dy by the Grantor shall not release the Grantee from iL'\ obligations or any liability under
this ordinance, except as expressly provided for in thl\) Ordinance or as necessary to avoid duplicative
recovery from or payments by the Grantee.
(B) Events of default --
(1) The Grantee agrees that an Event of Default shall include, but shall not be
limited to, any of the follQwing acts or failures to act by the Grantee:
(a) Any substantial failure to comply with any material provision of this
Ordinance that is not cured within thirty (30) days after notice pursuant to this
Section 15;
(b) The occurrence of any event which may reasonably lead to the
foreclosure or other similar judicial or nonjudicial sale of all or any material part of the
System;
(c) The condemnation by a public authority other than the Grantor, or sale
or dedication under threat or in lieu of condemnation, of all or any part of the System,
the effect of which would materially frustrate or in1pede the ability of the Grantee to
carry out its obligations and the purposes of this Ordinance;
(d) In the event that the Grantee shall suspend or discontinue its business,
shall make an assignment for the benefit of creditors, shall fail to pay its debts
generally as they become due, shall become insolvent (howsoever such insolvency
may be evidenced), shall be adjudicated insolvent, shall petition or apply to any
tribunal for, or consent to, the appointment of, or taking possession by, a receiver,
custodian, liquidator or trustee or similar official pursuant to state or local laws;
(e) A persistent failure by the Grantee to comply with any of the
provisions, tenns or conditions of this Ordinance or with any rules, regulations, orders
or other directives of the Grantor after having received notice of a failure to comply.
(2) Upon the occurrence of an Event of Default, then, in accordance with the
procedures provided in Section 15(B)(3), the Grantor may, at any time during the term of this
Ordinance:
(a)
and/or
Draw upon the Perfonnance Bond, as pennitted by this Ordinance;
(b) Require the Grantee to take such actions as the Grantor deems
appropriate in the circumstances; and/or
cwfranagr.007
17
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(c) Seek money damages from the Grantee as compensation for such
Event of Default; antVor
(d) Seek to obtain the appointn-ent of a court-appointed trustee or similar
Person to take any actions which the Grantor dccms appropriate in the circumstances;
and/or
(e) Revoke the Franchise by termination of this Ordinance pursuant to this
Section 15; and/or
(f) Exercise any other remedies that may be available under applicable
law.
(3) TIle Grantor shall exercise the rights provided In Section 15(B)(2) in
accordance with the procedures set forth below:
(a) The Responsible Franchising Official shall notify the Grantee, in
writing, of an alleged Event of Default, which notice shall specify the alleged Event
of Default with reasonable particularity. The Grantee shall, within thirty (30) days
after receipt of such notice or such longer period of time as the Responsible
. Franchising Official may specify in such notice, either cure such alleged Event of
Default or, in a written response to the Responsible Franchising Official, either
present facts and arguments in refutation or excuse of such alleged Event of Default
or state that such alleged Event of Default will be cured and set forth the method and
time schedule for accomplishing such cure.
(b) The Responsible Franchising Official shall determine (A) whether an
Event of Default has occurred; (B) whether such Event of Default is excusable; and
(C) whether such Event of Default has been cured or will be cured by the Grantee.
(c) If the Responsible Franchising Official determines that an Event of
Default has occurred and that such Event of Default is not excusable and has not been
or will not be cured by the Grantee in a manner and in accordance with a schedule
reasonably satisfactory to the Responsible Franchising Official, then the Responsible
Franchising Official shall prepare a written report which may recommend the action
to be taken by the Grantor's governing body. The Grantor shall provide notice and
a copy of such report to the Grantee. In the event that the Grantor's governing body
determines that such Event of Default has not occurred, or that such Event of Default
either has been or will be cured in a manner and in accordance with a schedule
reasonably satisfactory to the Grantor's governing body, or that such Event of Default
is excusable, such dctcnnination shall conclude the investigation.
Cd)
If the Grantor's governing body determines that such Event of Default
cwfranagr.007
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has occurred, and that such Event of Default has not been and will not be cured in a
manner and in accordance with a schedule reasonably satisfactory to the Grantor's
governing blXly, ami that such Event of Default is not excusable, then the Grantor
may take any of the actions provided in Section 15(8)(2).
(C) In the event of any termination of this Ordinance, whether by expiration (where the
Grantee does not seek renewal or where renewal is denied), revocation or otherwise, the Grantor may
(i) direct the Grantee to operate the System on behalf of the Grantor pursuant to the provisions of
this Ordinance and such additional terms and conditions as are elluitable to the Grantor and the
Grantee, for a period of up to twelve (12) months; or (ii) order the Grantee to cease all construction
and operational activities in a prompt and workmanlike manner.
(D) In addition to its rights under Section 15(C), upon any termination, the Grantor may
issue a removal order directing the Grantee to remove, at the Grantee's sole cost and expense, all or
any portion of the System from all Rights-of-Way and other public or nonpublic property within the
Franchise Area, subject to the following:
(1) in removing the System, or any part thereof, the Grantee shall, at its own
expense, refill and compact any excavation it makes, and shall leave the Rights-of-Way and
other property, including utility cables, wires and attachments, in as good condition as that
prevailing prior to the Grantee's removal of the System;
(2) the liability insurance and indemnity provisions of this Ordinance shall remain
in full force and effect during the period in which the System is being removed and the
associated repairs to the Rights-of-Way and other property are being made; and
(3) if in the reasonable judgIrent of the Grantor, the Grantee fails to substantially
complete removal, including repair of the Rights-of-Way and other property within twelve
(12) months of the Grantor's issuance of a removal order, the Grantor shall have the right to:
(A) authorize removal of the System, at the Grantee's cost, by another Person; and
(B) declare that all rights, title and interest to the System belong to the Grantor, including any
portion of the System not designated for removal, without compensation to the Grantee. The
Grantee shall execute and deliver such documents as the Grantor may request, to evidence
such ownership by the Grantor.
Notwithstanding the foregoing, the Grantee may dispose of any portion of the System not designated
cwfranagr.007
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by the Grantor for rcmoval during such twelve (12) month period, provided, however, that if the
Grantee fails to complete thc rCfTl<.lVal of the portiones) of the System designated for removal by the
Grantor within such period, then all such portiones) of the System not disposed of and all amounts
collected for any portiones) of the System disposed of by the Grantee during such period shall belong
to the Grantor, with no price due to the Grantee.
(4) Upon any termination and as an alternative to ordering removal of the System,
the Grantor may acquire or effect a transfer to a third party of all or any part of the System
and all components thereof necessary to maintain and operate the System pursuant to the
terms of this Ordinance.
(5) The price to be paid to the Grantee upon an acquisition or transfer by the
Grantor shall depend upon the nature of the tennination as follows:
(a) if the Franchise expires without the Grantee seeking removal or if the
renewal is denied, then the price shall be the fair market value of the System valued
as a going concern with a deduction for the value allocable to the Franchise itself; and
(b) if the termination is due to a revocation of the Franchise for cause,
such as the occurrence of an Event of Default as provided in Section 15(B), the price
shall be an equitable price, considering the injury to the Grantor and the residents of
the City of Clearwater and with no value allocable to the Franchise itself.
(E) In the event of any acquisition, transfer or Abandonment pursuant to Section 15(D),
the Grantee shall:
(1) cooperate with the Grantor or third party in maintaining continuity in the
distribution of Services to Subscribers over the System;
(2) promptly execute all appropriate documents to transfer to the Grantor or third
party title to the System, all components necessary to operate and maintain the System, and
any rights, contracts, permits or understandings necessary to operate or maintain the System
including those necessary to the distribution of Services over the System. All items
transferred shall be transferred free of any liabilities, except for the interests in collateral of
lending institutions which are secured creditors or mortgagees of the Grantee with respect to
the transferred collateral at the time of tra-nsfer. With respect to such creditors, the Grantor
shall only be obligated to repay any outstanding amounts to the extent of the net operating
revenues received by the Grantor from its operation of the System; and
(3) promptly supply the Grantor or third person with all records necessary to
reflect the change in ownership and to operate and maintain the System.
(F) Notwithstanding any provisions to the contrary in this Section 15, Grantee may
cwfranagr.007
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tcrminate the Franchisc and all of its obligations under this Ordinance and transfer all of its rights in
or tn the System to its affiliated telecommunications company, GTE F1urida Incorporated ("GTEFL")
undcr the following circumstances:
(I) At any time following sixty (60) days' prior written notice to the City (or such
shorter prior written notice as may be required under an applicable FCC or federal court
order) if, pursuant to an applicable final order by the FCC or a federal court, Grantee
determines in thc exercise of its good faith legal judgment that it is prohibited by federal or
state law from acting as a cable operator within the City or otherwise complying with the
material terms of this Franchise Agreement.
(2) At any time following sixty (60) days prior written notice to the City, if
Grantee deternlines in the good faith exercise of its business judgment that developments in
applicable law or technology indicate that video consumers in the City call be better served
by Grantee and/or its affiliate, GTEFL, through a mode of operation inconsistent with or not
within the scope of this Franchise.
(3) Within ninety (90) days after the end of five (5) years from the effective date
of this Ordinance, if at the end of such five (5) year period, Grantee does not then have
subscribers on its cable system served by its headend facilities in the City equal to at least ten
percent (10%) of the total homes passed and capable of receiving service from such cable
system. Notice to ternlinate under this provision shall be given to the City in writing, with
such tennination to take effect no sooner than one hundred and twenty (120) days after giving
such notice. Grantee shall also be required to give its then current subscribers not less than
ninety (90) days prior written notice of its intent to cease operations.
(G) In the event that Grantee terminates this Franchise and assigns or transfers its rights in
the System to GTEFL pursuant to this Section 15(F), then GTEFL shall be entitled to utilize the
System for all lawful purposes related to GTEFL's telecommunications business, in accordance with
GTEFL's existing grant of authority from Grantor pursuant to Ordinance No. 5757-95, as it may
hereafter be renewed or amended. After such a transfer, GTEFL's use of the System as a cable
system or an open video system, pursuant to sections 651 and 653 of the TelecOlnmunications Act
of 1996, shall be subject to and conditioned upon the following:
(1) GTEFL negotiating in good faith the tenns and conditions pursuant to which
GTEFL will be authorized to provide such service and such terms and conditions shall be, to
the extent authorized under applicable law and in compliance with any applicable common
carrier requirements, substantially similar to the provisions contained in this Ordinance, to the
extent that such provisions are consistent with the pemlissible operating business parameters
of the mode of GTEFL' s operation.
(2) Grantee, to the extent Grantee becomes a video program provider utilizing
GTEFL's System, and to the extent authorized under applicable law and in compliance with
cwfranagr .007
21
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any applicable common carrier requircn~nts, negotiating in good faith an agreement with the
City, containing provisions substantially similar to the provisions contained in this Ordinance,
to the extent that ~uch provisions are consistent with the permissible operating business
parameters of the new mode of Grantee's operation.
Section 16 -- Liability and Insurance
(A) Prior to con1l1"CnCe[T~nt of constmction, but in no event later than sixty (60) days after
the effective date of the Franchise and thereafter continuously throughout the duration of the
Franchise and any extensions or renewals thereof, the Grantee shall furnish to the City, certificates
ofinsurance, approved by the City, for all types of insurance required under this Section. Failure to
furnish said certificates of insurance in a timely manner shall constitute a violation of this Ordinance.
(B) Neither the provisions of this Section or any damages recovered by the City hereunder,
shall be construed to or limit the liability of the Grantee under any Franchise issued hereunder or for
damages.
(C) All insurance policies maintained pursuant to this Ordinance or the Franchise shall
contain the following, or a comparable, endorsement:
It is hereby understood and agreed that this insurance policy may not be canceled by
the insurance company nor the intention not to renew he stated by the insurance
company until thirty (30) days after receipt by the City Manager, by certified mail, of
a written notice of such intention to cancel or not to renew.
(D) The franchise agreement and all contractual liability insurance policies maintained
pursuant to this Ordinance of the franchise shall include the following provisions:
The Franchisee/GranteelInsured agrees to indemnify, save hannless and defend the
City of Clearwater, its officials, agents, servants, and employees, and each of them
against and hold it and them harmless from any and all lawsuits, claims, demands,
liabilities, losses amI expenses, including court costs and reasonable attorney's fees for
or on account of any injury to any person, or any death at any time resulting from
such injury, or any damage to any property, which may arise or which may be alleged
to have arisen, whether in whole or in part, out of or in connection with the actions
or omissions of the grantee.
(E) All insurance policies provided under the provisions of this Ordinance or the Franchise
shall be written by companies authorized to do business in the State of Florida, and approved by the
State Department of Insurance.
cwfranagr.007
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(F) The City shall be nall"Cd as an additional nan~d insurcd on all general liability policies
issued to the Grantee.
(G) To offset the effects of inflation and to reflect changing liability limit,;, all of the
coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increase
at the end of every three (3) year period of the Franchise, applicable to the next three year period,
upon the detennination of the City: provided at no time shall the grantee be required to provide
insurance in amounts of coverage which exceed that commonly provided throughout the Tampa Bay
area by cable operators.
(H) General Liability Insurance. The Grantee shall maintain, and by it acceptance of any
Franchise granted hereunder specifically agree that it will maintain throughout the term of the
Franchise, general liability insurance insuring the Grantee in the minimum of:
(1) $500,000 for property damage per occurrcnce;
(2) $500,000 for property damage aggregate;
(3) $1,000,000 for personal bodily injury or death to anyone person; and
(4) $3,000,000 bodily injury o~ death aggregate per single accident or occurrence.
(I) Such general liability must include coverage for all of the following: comprehensive
fonn, premises-operations, explosion and collapse hazard, underground hazard, products/completed
operations hazard, contractual insurance, broad form property damage, and personal injury.
(J) Automobile Liability Insurance. The Grantee shall maintain, and by its acceptance of
any Franchise granted hereunder specifically agrees that it will maintain throughout the term of the
Franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum
amount of:
(1) $1,000,000 for bodily injury and consequent death per occurrence;
(2) $1,000,000 for bodily injury and consequent death to anyone person;
(3) $500,000 for property damage per occurrence.
(K) Worker's Compensation and Employer's Liability Insurance. The Grantee shall
maintain and by its acceptance of any Franchise granted hereundcr specifically agrees that it will
maintain throughout the term of the Franchise, Worker's Compensation and employer's liability, valid
in the State, in the Iuinimulu amount of:
(1)
Statutory limit for Worker's Compensation.
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(2) $500,000 for employer's liability.
Section 17 -- Subsequent Action
(A) The Grantor and the Grantee hereby respectively waive any and all rights, other than
constitutional rights, at any time or in any manner or proceeding, to challenge this Ordinance or the
validity of any term or provision of this Ordinance; provided, however, that the Grantor or the
Grantee may challcnge any provision of this Ordinance based on a change in law, should the law
pertaining to that particular provision change subsequent to the cxecution of this Ordinance. The
Grantee agrees that it will nut challenge the Grantor's authority to enter into this Ordinance as of the
e[fecti ve date hereof.
(B) In the event that, after the Effective Date, any court, agency, comInission, legislative
body, or other authority of competent jurisdiction: (A) declares thi s Ordinance invalid, in whole or
in part, or (B) requires the Grantee either to: (a) perform any act which is inconsistent with any
provision of this Ordinance or (b) cease perfonning any act required by any provision of this
Ordinance, then the Grantee and the Grantor shall enter into good faith negotiations to amend this
Ordinance, so as to enable the Grantee to perform obligations and provide Services for the benefit
of the Grantor and others equivalent to those immediately prior to such declaration or requiremen4
to the maximum extent consistent with said declaration or requirement. In connection with such
negotiations, the Grantor and the Grantee shall consider whether the circumstances existing at that
time are such that the Grantee should continue to perform such obligations or their equivalent.
(C) To the extent that any statute, rule, regulation, ordinance or any other law is enacted,
adopted, repealed, amended, modified, changed or interpreted in any way during the term of this
Ordinance so as to enhance the Grantor's ability to meet the cable-related needs and interests of the
community, the Grantor and the Grantee shall negotiate in good faith as to what modifications to this
Ordinance or regulation of the System might be appropriate to reflect such enactment, adoption,
repeal, amendment, modification, change or interpretation.
Section 18 -- Miscellaneous
(A) Controlling Authorities. This Ordinance is made with the understanding that its
provisions are controlled by the Cable Act, other federal laws, state laws, and all applicable local
laws, ordinances, and regulations.
(B) Appendices. The Appendices to this Ordinance, attached hereto, and all portions
thereof and exhibits thereto, are, except as otherwise specified in stich Appendices, incorporated
herein by reference and expressly made a part of this Ordinance.
cwfranagr.007
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(C) Enforceability uf Agreement; No Opposition. By execution of this Ordinance, the
Grantee acknowledges the validity of the tenns and conditions of this Ordinance under applicable law
in existence on the Effective Date, and pledges it will not assert in any manner at any time or in any
forum that this Ordinance, the Franchise, or the processes and procedures pursuant to which this
Ordinance was entered into and the Franchise was granted are not consistent with the applicable law
in existence on the Effective Date.
(D) Notices. AIlllotices shall be in writing and shall be sufficiently given and served upon
the other party by first class mail, registered or certified. return receipt requested, postage prepaid,
and addressed as follows:
THE GRANTOR:
City of CI~arwater
P.O. Box 4748
112 S. Osceola Avenue
Clearwater, FL 34618-4748
Attn: City Manager
With a copy to:
City of Clearwater
P.O. Box 4748
112 S. Osceola Avenue
Clearwater, FL 34618-4748
Attn: City Attorney
THE GRANTEE:
GTE Media Ventures Incorporated
600 Hidden Ridge HQE04GOG
P.O. Box 152092
Irving, TX 75015- 2092
Attn: President
With a copy to:
GTE Telephone Operations
600 Hidden Ridge HQE04H07
P.O. Box 152092
Irving, TX 75015-2092
Attn: Vice President, General Counsel
(E) Police Powers. In accepting this Franchise, the Grantee acknowledges that its rights
hereunder are subject to the police powers of the Grantor to adopt and enforce general ordinances
necessary to the safety and welfare of the public; and it agrees to comply with all applicable general
laws and ordinances enacted by the Grantor pursuant to such power.
Any conflict between the provisions of this Franchise and any other present or future lawful
exercise of the Grantor's police powers shall be resolved in favor of the latter, except that any such
exercise that is not of general application in the jurisdiction or applies exclusively to the Grantee's
CWFRANAG.OO7
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System or Cable Communk:ations Systems which contain provisions inconsistent with this Franchise
shall prevail only if upon such exercise, the Grantor finds an emergency exists constituting a danger
to health, safely, property or general welfare or such exercise is mandated by law.
(F) Binding EfIect. This Ordinance shall be binding upon and inure to the benefit of the
parties herelo and their respective successors and permitted transferees and assigns. All of the
pruvisions of this Ordinance apply 10 the Grantee, its successors, and assigns.
,
(G) No Waiver: Cumulative Remedies. No failure on the part of the Grantor to exercise,
and no delay in exercising, any right or ren~y hereunder including, without limitation, the rights and
remedies set forth in Section 15 of this Ordinance, shalJ operate as a waiver thereof, nor shall any
single or partial exercise of any such right or remedy preclude any olher right or remedy, all subject
to the conditions and limitations established in this Ordinance. The rights and remedies provided
herein including, without limitation, the rights and remedies set forth in Section 15 of this Ordinance,
are cumulative and not exclusive of any remedies provided by law, and nothing contained in this
Ordinance shall impair any of the rights or remedies of the Grantor under applicable law, subject in
each case to the terms and conditions of this Ordinance.
(H) Severability. If any section, subset;tion, sentence, clause, phrase, or other portion of
this Ordinance is, for any reason, declared invalid, in whole or in par4 by any court, agency,
comnussion, legislative body, or other authority of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity
of the remaining portions hereof, which other portions shall continue in full force and effect
(I) No Agencx. The Grantee shall conduct the work to be performed pursuant to this
Ordinance as an independent contractor and not .as an agent of the Grantor.
(1) Governing Law. This Ordinance shall be deemed to be executed in the City of
Clearwater, Florida, and shall be governed in all respects, including validity, interpretation and effec4
and construed in accordance with, the laws of the State of Florida, as applicable to contracts entered
into and to be perforn1ed entirely within that State.
(K) Survival. All representations and warranties contained in this Ordinance shall survive
the term of the Agreement.
(L) Delegation of Grantor Rights. The Grantor reserves the right to delegate and
redelegate, from time to time, any of its rights or obligations under this Ordinance to any body,
organization or official. Upon any such delegation or redelegation, references to "Grantor" in this
Ordinance shall refer to the body, organization or official to whom such delegation or redelegation
has been made. Any such delegation by the Grantor shall be effective upon written notice by the
Grantor to the Grantee of such delegation. Upon receipt of such notice by the Grantee, the Grantee
shall be bound by all tenns and conditions of tJ1e delegation not in conflict with this Ordinance. Any
CWFRANAG.OO7
26
such dclegation, rcvucation or redelegation, no matter how often made, shall not be deemed an
amendment tu this Ordinancc or require any consent of the Grantce.
(M) Claims Under Agreement. The Grantor and the Grantee, agree that, except to the
extent inconsistent with Section 635 of the Cable Act (47 U.S.C. ~ 555), any and all claims asserted
by or against the Grantor arising under this Ordinance or related thereto shall be heard and
determined either in a court of the United States located in Tampa, Florida ("Federal Court") or in
a court of the State of Florida located in the City ("Florida State Court"). To effectuate this
Ordinance and intent, the Grantee agrees that if the Grantor initiates any action against the Grantee
in Federal Court or in Florida State Court, service of process may be made on the Grantee either in
person, whcrever such Company may be found, or by registered mail addressed to the Grantee at its
office in the Franchise Area as required by this Ordinance, or to such other address as the Grantee
may provide to the Grantor in writing.
(N) Modification. Except as otherwise provided in tlllS Ordinance, any Appendix to this
Ordinance, or applicable law, no provision of this Ordinance nor any Appendix to this Ordinance,
shall be an-cnded or otherwise modified, in whole or in part, except by an instrument, in writing, duly
executed by the Grantor and the Grantee, which amendment shall be authorized on behalf of the
Grantor through the adoption of an appropriate resolution or order by the Grantor, as required by
applicable law.
(0) pelays and Failures Beyond Control of Grantee. Notwithstanding any other provision
of this Ordinance, the Grantee shall not be liable for delay in performance of, or failure to perform,
in whole or in part, its obligations pursuant to this Ordinance due to strike, war or act of war
(whether an actual declaration of was is made or not), insurrection, riot, act of public enemy, accident
fITe, flood or other act of God, technical failure, sabotage or other events, where the Grantee has
exercised all due care in the prevention thereof, to the extent that such causes or other events are
beyond the control of the Grantee and such causes or events are without the fault or negligence of
the Grantee. In the event that any such delay in performance or failure to perform affects only part
of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to
do so and shall take all steps within its power to correct such cause(s). The Grantee agrees that in
correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as
possible. The Grantee shall notify the Grantor in writing of the occurrence of an event covered by
tins Section within five (5) business days of the date upon which the Grantee learns of its occurrence.
Section 19 -- Acceptance
Grantee shall signify its acceptance of the Franchise terms in writing prior to the City
Comtnission's approval of this Ordinance by filing such written acceptance Wit11 the City Clerk.
CWFR^N^G.OO7
27
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Section 20 -- 'Effective Dale
This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor-CoIlUnissioner
ATTEST
Cynthia E. Goodeau, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Pamela K. Akin, City Attorney
CWFRANAG.OO7
28
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APPENDIX A
THE SYSTEM
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APPENDIX A
THE SYSTEM
1. SYSTEM AND CAPACITY
a. System Design. The cable system shall be built to a 750 MHZ design
with no more than five hundred (500) homes passed and 6 homerun fibers from the
headend or hub to each node. The plant hardware shall be 1 GHz passives, 1 GHz
taps (1 GHz active platforms), 750 MHz amplifiers and other actives, and 60 volt
powering. The system shall be capable of 79 analog channels (50 to 550 MHz), with
200 MHz being reserved for future use including, but not limited to, digital transmission
(550 to 750 MHz) in the forward direction and 5 to 40 MHz in the reverse direction. The
system shall use all new fiber optics, coaxial cable and electronic and passive devices.
Notwithstanding the above, Grantee may lease fiber from a third party to integrate into
the cable system whenever technically feasible. The system shall be designed so that
ninety-five percent (950/0) of the time there are no more than two (2) line extenders in
cascades and no more than three (3) system amplifiers in cascade. All aerial system
amplifiers shall incorporate pilot controlled AGe level control.
The system shall be designed and constructed in accordance with the standards
listed below, and the fiber cable shall have not more than 7.4 dB of loss between the
distribution CO and the fiber terminal. The following design specifications shall be
adhered to. The system shall be operated in accordance with performance standards
which meet FCC regulations and specifications. After the system is constructed in
compliance with this section and the design standards below. The Grantee's
compliance with the performance standards of the FCC shall constitute compliance with
the ongoing technical standards required by this Agreement.
System Design - Minim urn
C/N 47 dB
XMOD 53 dB
CTB 53 dB
CSO 53 dB
HUM 30/0
b. Construction Oversight. Grantee shall oversee the construction. The
oversight shall be headed by a Construction Manager with field engineers and field
planning/quality control persons dedicated to the construction project. One hundred
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0531961708
percent (1000/0) of the system shall be visually inspected to insure compliance and ten
percent (100/0) of all work shall be tested by the system operator and system
technicians. If during testing or inspection, the Grantee finds the quality of work to be
substandard, the Grantee shall use its best eHorts to take the necessary corrective
action in a timely manner. Grantee shall contact in person or by telephone ten percent
(100;0) of the subscribers to assess the quality of the work performed and any
construction problems. The general contractor building the system shall supervise any
components of the system construction undertaken by independent contractors.
c. Compliance with Applicable Law. In construction, operating and
maintaining the system, Grantee shall at all times comply with this Agreement and all
applicable laws and regulations.
d. Subscriber Drops. All subscriber drops in the City shall meet the
standards of the National Electric Code or the design specifications in A above. Each
drop shall be tested by inserting a test signal at the upper end of the frequency
spectrum (550 MHZ). The system shall be 'designed to allow each subscriber drop to
provide seNice to two (2) television outlets.
e. Equipment Quality. Equipment used for the distribution system, headend
and reception facilities shall be of good and durable quality and be serviced and
repaired on a regular basis and shall at all times be of equal or better quality than the
following equipment.
Pair & Size
fiber Optics:
AT&T - 4 DSX (armored) - BXD
- 4 DNX - BDX
- 4 GSX (armored) - BXD
- 4 GNX - BXD
.cable: Aerial: Com scope QR540 (feeder to the home), QA860
( express)
Underground: Comscope QA540 and QR860
Drop: Com scope RG6 & RG 11
~: General Instruments, 4 Hybrid Output,
Powering Doubling, 750 MHZ
line Extenders: General Instruments - AGC (Automatic Gain Control)
Capable LX
Power Supplle.s: Power Guard Standby Battery Supplies,
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6 amp 12 amp 15 amp
Splitters: General Instrument - SSP-K
~: General Instrument FFT-K
Connectors:
Gilbert
- G RS-S40
- G RS-a60
Pedestals:
Channel SPH Series
Conv~rters or Other Subscrib.aLEquipment: General Instrument
CFT2200, DCT1000
Satellita.Receive Stations: Scientific Atlanta Satellite Disk 4.5 Meters Noise
Block Converters .
General Instrument Receivers Video Cipher II +
DSR1500lRD
f. Converters. Grantee shall provide the converters specified in this
Agreement to subscribers utilizing converters upon subscription to the system. Grantee
shall not scramble the basic tier.
g. Emergency Alert. Grantee shall provide an all-channel audio-only
emergency alert system for use by the City. The emergency alert system shall be
tested at least twice each year. The Grantee shall provide an automatic tome that shall
commence emergency broadcast. Emergency messages shall be able to be initiated
from any touch-tone phone with an access code. The emergency alert service shall be
upgraded throughout the Franchise term as set forth in FCC rules, regulations, or
guidelines. Notwithstanding the foregoing, Grantee shall maintain throughout the term
of this agreement the capacity for the City to access the emergency alert system and
shall not claim the City's rights hereunder have been preempted by federal or state law.
After July 1, 1997, the cable system shall use a common EAS protocol, as defined in
Section 11.31 in the Code of Federal Regulations, to send and receive emergency
alerts in accordance with the following:
Two tone signal from storage device Required, a to 25 seconds in
duration
Digital encoder and decoder Required
The digital encoder and decoder shall provide:
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(1) a video message on all channels or other alerting techniques to the
hearing impaired and deaf subscribers,
(2) an audio message and video interruption on all channels,
(3) a video message on at least one channel to all subscribers
h. Ongoing Preventive Maintenance. System signal levels for the individual
channels at the headend shall be monitored and adjusted on a daily or every other day
basis. The periormance of the cable system at the ends of the cascades shall be
monitored on a weekly basis for each node and monthly for every end of line cascade.
System frequency response shall be adjusted to meet peak periormance on a twice a
year cycle.
Standby power supplies shall be monitored for proper voltage and battery
capacity on a quarterly year basis. Failure of the batteries to supply current for a
predetermined amount of time shall dictate replacement ot the batteries.
The antennae and satellite dishes shall be maintained by having their alignment
checked and realigned at least on a yearly basis or after any severe storm activity at
the location of the antennae or dishes.
Headend components such as processors and modulators shall have their
frequency response checked and adjusted twice a year.
Optical transmitters, receivers and optical path loss shall be monitored on at
least a twice a year basis. Parameters found to be out of tolerance shall be adjusted.
FCC mandated signal leakage and system proof-at-performance tests shall be in
accord with Part 76 of the federal Code of Regulation.
i. Interference on Channels 3 and 8. Grantee shall use its best efforts to
minimize interference on Channels 3 and 8. During the term of the Franchise, Grantee
shall provide notice to consumers, on how interference problems experienced by
customers on specific channels can be alleviated, through TV advertisements and
billing messages mailed to subscribers.
j. Satellite Earth Station. The system configuration shall include earth
stations which shall ensure the ability to receive signals from operational
communications satellites that predominate.lY carry programming services available to
cable systems throughout the life of the Franchise.
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k. Standby Power. Grantee shall provide a twenty-four (24) hour power-
generating capacity at the headend. Grantee shall maintain standby power system
supplies, rated for at least two (2.0) hours duration at all optical node locations in the
distribution network.
I. Parental Control. Grantee shall provide to subscribers, upon request,
parental control devices that allow any channel or channels to be locked out. Upon
request, Grantee shall, at no cost to the subscriber, provide devices that shall block out
the audio and video of any channels carrying predominately adult programming.
m. Performance Testing. Grantee shall pertorm all system tests and
maintenance procedures as required by and in accordance with: the FCC; this
Agreement; Grantee's standards of good operating practice, and the National Cable
Television Association's test procedure guidelines.
n. Technical Standards. The cable communications system permitted to be
operated hereunder shall be installed and operated in conformance with this
Agreement, National Electric Code, OSHA Rules and Regulations, GTE "Practices"
manual of construction practices, where applicable to cable system construction, and
FCC rules and regulations. Any FCC technical standards or guidelines related to the
cable communications system and facilities shall be deemed to be regulations under
this Agreement.
o. Employee Identification. Grantee shall provide a standard identification
document to all employees, including employees of subcontractors, who shall be in
contact with the public. Such documents shall include a telephone number that can be
used to verify identification. In addition, Grantee shall use its best efforts to clearly
identify all field personnel, vehicles, and other major equipment that are operating
under the authority of Grantee.
p. Stereo. The system shall have the capability and shall provide Broadcast
Television Systems Committee (BTSC) stereo signals on all satellite, broadcast and
local services that transmit them.
q. State of the Art. Throughout the term of the Franchise, Grantee shall
construct, operate, maintain, and upgrade the cable system in order to ensure that it
continuously conforms to the State of the Art.
r. Upstream Signals. To the extent that Grantee chooses to design its
cable system for two-way capability, Grantee agrees to use all reasonable efforts to
design such two-way capability so as to permit the future implementation of upstream
signal carriage without requiring modifications to its design. Grantee shall be required
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to offer two-way services for subscribers only following satisfaction of each of the
following conditions: (i) the offering of such two-way services is permissible under
applicable federal and state laws, ordinances, rules and regulations, (ii) the Grantee
has secured all certificates, licenses, authorizations and approvals from federal and
state agencies necessary for the offering of such services, provided, however, that the
Grantee shall seek to obtain such approvals in a diligent and timely manner, (iii) cable
subscribers and/or potential cable subscribers have a demonstrable interest in
subscribing to such two-way services, together with a demonstrable willingness to pay
a reasonable rate for such services, in each case as evidenced by at least one
statistically significant survey, provided, however, that upon the reasonable written
request of the City it shall be the Grantee's burden to demonstrate to the City's
reasonable satisfaction that such subscriber interest is insufficient and (iv) the
investment necessary to implement such two-way capability, togeth'.3r with a reasonable
rate of return, can be reasonably expected to be recovered from the incremental
revenue anticipated from the provision of such services over a period of time which is
reasonable and customary in the cable television industry for such investments, and
such investment shall not be recovered from subscribers to other or non-two way
services.
2. CONSTRUCTION
a. System Design Review. The City shall have the authority to review the
technical design plans of the system to ensure that the system design meets the
requirements of this Agreement, as well as applicable portions of the City Code
governing construction within public rights-at-way. Grantee's engineer shall review the
design with City designated persons. The following design information shall be
reviewed with City designated persons: engineering design maps; key for design
maps; system level design information (e.g., block diagram of headend, satellite or aff-
air studies, power supply map); and test plan for the existing coaxial cable to be used in
the system.
b. Construction Manual. Grantee shall construct the system in accordance
with Grantee's construction manual which shall be maintained by the City Clerk.
c. Underground Construction. Grantee shall participate in and use Florida
One Call and ensure that cable is buried at a depth specified by City regulations.
Temporary drops shall be buried within one month of installation, weather permitting.
Grantee shall comply with the City's ten (10) year plan to have cable and utilities placed
underground. Grantee in accordance with such plan shall at its expense, remove,
relay, and relocate its equipment, provided, however, that other utilities are similarly
required to do such work at their own cost and expense.
d. Consumer Compatibility. Grantee shall comply with FCC consumer
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compatibility rules and guidelines and shall use its best efforts to provide subscriber
friendly technology. When High Definition Television (HDTV), is available, economically
feasible, and requested by our system subscribers, Grantee shall provide it. Grantee
shall update the City of Cleqrwater as to the advances in and availability of new
technology seNices such as HDTV, digital television, and digital compression.
Grantee shall provide the basic tier in unencoded and unscrambled form.
Subscribers shall not be required to use a set-top box, home terminal unit, cable box or
similar device to receive any basic cable service.
e. Construction Timetable. The construction shall be completed within
three (3) years of the franchise award. Grantee shall keep the Grantor informed of the
Company's construction schedule, as necessary, to ensure public safety and/or comply
with Grantor's rules and regulations.
f. Right of Inspections. The Grantor shall have the right to inspect any
construction and installation work performed subject to the provisions of this
Agreement, and shall make such tests as it shall find necessary to ensure compliance
with the terms of this Agreement and other pertinent provisions of the law over which
the Grantor has jurisdiction.
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
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APPENDIX B
Terms and Conditions
Applicable to Work on the System
General Requirement. The Grantee agrees to comply with each of the terms set
forth in this Appendix 8 and in Appendix A to this Ordinance governing construction
and technical requirements for the System, in addition to any other requirements or
procedures reasonably specified by the Grantor pursuant to its police power or as
otherwise permitted by applicable law.
Quality. All work involved in the construction, operation, maintenance, repair
upgrade, and removal of the System shall be performed in a safe, thorough and reliable
manner using materials of good and durable quality. If, at any time, a reasonable
determination is made by the Grantor or any other agency or authority of competent
jurisdiction that any part of the System, including, without Iim itation, any means used to
distribute Signals over or within the System, is harmful to the health or safety of any
Person, then the Grantee shall, at its own cost and expense, promptly correct all such
conditions.
Licenses and Permits. The Grantee shall have the sole responsibility for
diligently obtaining, at fis own cost and expense, all permits, licenses, or other forms of
approval or authorization necessary to construct, operate, maintain, repair or upgrade
the System, or any part thereof, prior to commencement of any such activity.
New Grades or Lines. If the grades or lines of any Street within the Franchise
Area are changed at any time during the term of this Ordinance, then the Grantee shall,
at its own cost and expense and upon reasonable written notification and request of the
Grantor, protect or promptly alter or relocate the System, or any part thereof, so as to
conform with such new grades or lines. In the event that the Grantee refuses or
neglects to so protect, alter, or relocate all or part of the System, the Grantor shall have
the right to break through, remove, alter or relocate all or any part of the Systom
without any liability to the Grantee, any Affiliated Person or any other Person, and the
Grantee shall pay to the Grantor the documented costs incurred in connection with
such breaking through, removal, alteration, or relocation.
.
Protect Structures. In connection with the construction, operation, maintenance,
repair, upgrade, or removal of the System, the Grantee shall, at its own cost and
expense, protect any and all existing structures belonging to the Grantor and all
designated landmarks. The Grantee shall obtain the prior approval of the Grantor
before altering any water main, sewerage or drainage system, or any other municipal
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structure in the Rights-of-Way required because of the presence of the System in the
Rights-of Way. Any such alteration shall be made by the Grantee, at its sole cost and
expense, and in any reasonable manner prescribed by the Grantor. the Grantee
agrees that it shall be liable, at its own cost and expense, to replace or repair and
restore to serviceable condition, in any reasonable manner as may be specified by the
Grantor, any Street or any municipal structure involved in the construction, operation,
maintenance, repair, upgrade or removal of the System that may become disturbed or
damaged as a result of any work thereon by or on behalf of the Grantee pursuant to
this Ordinance.
No Obstruction. In connection with the construction, operation, maintenance,
repair, upgrade, or removal of the System, the Grantee shall not obstruct the Rights-of-
Way, subways, railways, passenger travel, river navigation, or other traffic to, from, or
within the Franchise Area without prior consent of the appropriate authorities.
Movement of Wire. The Grantee shall, upon prior written notice by the Grantor
or any Person holding a permit to move any structure, temporarily move its wires to
permit the moving of said structure. The Grantee may impose a reasonable charge
(which may require advance payment in appropriate circumstances) on any Person
other than the Grantor for any such movement of its wires.
Safety Precautions. The Grantee shall, at its own cost and expense, undertake
all necessary and appropriate efforts to prevent accidents at its work sites, including
the placing and maintenance of proper guards, fences, barricades, watchmen, and
suitable and sufficient lighting.
Moving Wires. The Grantor may, in case of fire, disaster, or other such
emergency, as reasonably determined by the Grantor, in its sole discretion. cut or move
any of the wires, cables, amplifiers, appliances, or other parts of the System, in which
event the Grantor shall not incur any liability to the Grantee, any Affiliated Person or
any other Person. The Grantor shall take reasonable efforts to consult the Grantee
prior to any such cutting or movement of its wires, and the Grantee shall be given the
opportunity to perform such work itself. All documented costs to repair or replace such
wires, cables, amplifiers, appliances or other parts of the System shall be borne by the
Grantee.
No Liability for Public WorK, etc. Neither the Grantor nor its officers, employees,
agents, attorneys, consultants or independent contractors shall have any liability to the
Grantee or any Affiliated Person for any liability as a result of or in connection with the
protection, breaking through, movement, removal, alteration, or relocation of any part of
the System by or on behalf of the Grantee or the Grantor in connection with any
emergency, public work, public improvement, alteration of any municipal structure, any
change in the grade or line of any Street, or the elimination, discontinuation, and
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closing of any Street.
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APPENDIX C
PEG MA TIERS
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APPENDIX C
PEG Matters
ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES
In order to develop and promote educational, government access, and local
programming for the system's access channels, Grantee agrees to provide the
following:
A. Access Channels. Grantee shall provide the following number of
dedicated access channels: two (2) channels for government access (one for the City
of Clearwater and one for Pinellas County) and one (1) additional digital channel upon
the City's request to be used by the City for local government access, once Grantor
provides programming generally on a digital basis; one (1) channel for local origination;
one (1) channel for public access; and two (2) channels for educational access (one for
the Pinellas County School District and one for the St. Petersburg Junior College).
Such channels shall be used exclusively for purposes of public, educational and
governmental access programming on a non-commercial, not-for-profit basis. Grantee
shall carry and transmit on its lowest basic service level, on the access channels of its
Cable System, the same public, educational and governmental programming carried
and transmitted on the access channels of the incumbent cable operator in the City,
Time Warner Entertainment - Advance/Newhouse Partnership ("Time Warner") or its
successors or transferees, so long as the signal for such programming is of high quality
and is made available to Grantee at no fee.
Grantee shall interconnect the public, educational and governmental access channels
of its Cable System with the public, educational and governmental access channels of
all other local cable systems in order that the programming on such channels can be
universally available to all cable subscribers within the City. Grantee shall be
responsible for any costs and expenses necessary to interconnect its Cable System to
a mutually convenient and agreed upon point of presence supplied by the other cable
operators in the City. Grantor agrees to mediate any disputes between Grantee and
other franchised cable operators related to the location of the interconnection point. If
such parties, in the opinion of the City are unable to agree on such interconnection
point, such point will be determined by the City in the exercise of its absolute discretion.
Grantee also agrees to negotiate in good faith an agreement with Time Warner, and its
successors, assignees or transferees, by w.hich Grantee and Time Warner. and its
successors, assignees or transferees. shall carry all access channels on their systems
in the City utilizing the same channel numbers.
B. Government Access E.Q.uipment. E.aclJilies and Support. Grantee agrees
to pay to the Grantor, within thirty (30) days after the effective date of this Franchise
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Ordinance, the sum of Sixty-seven Thousand Dollars ($67,000) and at the end of seven
years after the effective date of this Franchise Ordinance the sum of Fifty Thousand
Dollars ($50,000). Such payments shall not be deducted from franchise fees. Grantor
shall use such money to support and provide facilities and equipment for government
access programming. Grantor shall provide Grantee with an accounting for such funds
within one (1) year of receipt.
C. ~ucation and Government Access Support. Grantee agrees to
pay to the Grantor, within thirty (30) days after the effective date of this Franchise
Ordinance and on the anniversary of such date for the term of this Franchise, the
following amounts:
Year 1
Year 2
Year 3
Year 4
YearS
Year 6
Year 7
Year 8
Year 9
Year 10
Total
$50,000
$50,000
$75,000
$75,000
$75,000
$100,000
$100,000
$100,000
$125,000
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$875,000
Such payments shall not be deducted from franchise fees or collected from subscribers
as an external cost pursuant to FCC rules. Grantor shall only use such money in
support of public, education and government access programming. Grantor shall
provide an accounting to Grantee annually for such funds.
Grantee shall have the right to renegotiate with Grantor the amounts and manner in
which Grantee funds support for public, education and government access
programming after the fourth anniversary of the effective date of the Franchise
Ordinance if: (i) the County adopts a model for funding support for such programming
that is inconsistent with or fails to take into account the amounts to be paid by Grantee
to Grantor hereunder; or (ii) Grantee's actual number of Subscribers in the City after
such four-year period is below twelve thousand five hundred (12,500). To the extent
necessary for Grantee to avoid further cost or obligation, Grantor shall negotiate in
good faith a modification to Grantee's obligations for support of public, education and
government access support, equipment and facilities contained in this Ordinance, if
under FCC regulations or state or federal law, Grantee is required to share costs with
the provider of such facilities (currently Time Warner Entertainment-
Advance/Newhouse Partnership ("Time Warner")). In such negotiation, in addition to
any costs Grantee may be obligated to share, it may be appropriate for Grantee to
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D. ~. Grantee shall actively promote ongoing community awareness
of public, educational and government access channels, and public access facilities
and training opportunities for public and educational access, at a minimum in its
program guides containing listings of the local off-air broadcast signals in the Grantee's
basic service tier, provided that the publisher of any such guide consents to the
inclusion of information, at no cost to the Grantee, concerning public, educational and
governmental access programming carried by the Grantee based upon the good faith
efforts of the Grantee to secure such listings, in an annual bill stuffer, and in public
service announcements supplied by Grantor, all in such places and at such times as
Grantee in its sole discretion shall determine, and Grantee shall provide Grantor, on
request, with a summary of its activities in this regard.
continue to provide some support to the City, taking into account the City's needs and
the reasonable profitability of the system.
E. Singla.Entity Administration of...EducationalLEu.bJic Access Channels and
.EaQ.ili1ie.s. If during the term of this Franchise Ordinance, the County creates, or
consents to the creation of, a single entity to administer the use of the channels and the
use of facilities for all education and public access purposes (the "Community Access
Center"), and the costs of operating such Center are shared by all cable operators
within the County, Grantor shall negotiate in good faith a modification to Grantee's
obligations for support of public, education and government access support, equipment
and facilities contained in this Ordinance. In such negotiation, in addition to any costs
Grantee, may be obligated to share, it may be appropriate for Grantee to continue to
provide some support to the City, taking into account the City's needs and the
reasonable profitability of the system.
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APPENDIX D
I-NET
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APPENDIX D
I-NET
Grantor shall not be required to provide or contribute towards the support of Grantor's
institutional network ("I-Net"). In lieu of any such obligation, Grantee shall pay the
grant provided in Section 6 (E) of the Ordinance.
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APPENDIX E
CUSTOMER SERVICE STANDARDS
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APPENDIX E
CUSTOMER SERVICE STANDARDS
INDEX
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SECTION 1
SOLICITATION OF SUBSCRIPTIONS ...................... 3
SECTION 2 TRAINING OF EMPLOYEES; TELEPHONES .......... . . . . . .. 5
SECTION 3 BILLING .............................................. 6
SECTION 4 EQUIPMENT PROVIDED BY THE GRANTEE. . . . . . . . . . . . . . . .. 9
SECTION 5 OUTAGE CORRECTION AND REPAIR SERVICE ............. 9
SECTION 6 SUBSCRIBER COMPLAINTS ............................ 11
SECTION 7 NOTICE ............................................. 12
SECTION 8 TERMINATION OF SERVICE AND DISCONNECTION. . . . . . . .. 13
SECTION 9 CREDITS AND REFUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
SECTION 10 MISCELLANEOUS REQUIREMENTS. . . . . . . . .. . . . . . . . . .. .. 15
SECTION 11 FAILURE TO COMPLY WITH THESE REQUIREMENTS. . . . . .. 16
SECTION 12 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
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APPENDIX E
CUSTOMER SERVICE STANDARDS
SECTION 1
SOLICIT A liON OF SUBSCRIPTIONS
1.1 Subscription Informatioo.
1.1. 1 Before providing any service to any potential Subscriber and
at least once a year to all Subscribers, the Grantee shall provide the following
subscription information to all potential Subscribers and all Subscribers, in a clear,
complete and comprehensible form:
a. a description of the Cable Services provided by the Grantee,
accompanied by a listing of the charges for each such service, either alone or in
combination;
b. a listing of all rates, terms and conditions for each Cable
Service or tier of Cable Service, both alone and in combination, and all other
charges, such as for returned checks and for relocating cable outlets;
c. a general explanation of other communications devices
which may be used in conjunction with the System, including but not limited to,
video cassette recorders, remote control devices, closed captioning decoders,
parental control devices, and, if applicable, the use of publicly available
equipment and a listing of the Grantee's charges for connecting such devices to
the System; .
d. a description of the Grantee's billing and collection
procedures;
e. the procedure for the resolution of billing disputes, including
the telephone number of the City of Clearwater office Subscribers may call with
regard to billing disputes, as specified by the Grantor;
f. a description of the Grantee's policies concerning credits for
outages and reception problems, consistent with these consumer protection
standards;
g. an explanation of the procedures and charges, if any, for
upgrading, downgrading or disconnecting services, consistent with these
consumer protection standards;
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h. the required time periods for the completion of installation
requests, consistent with these consumer protection standards, and an
indication of the penalties for failure to complete installation within such time
periods;
I. the complaint resolution process;
j. the procedures by which the Subscriber will be notified of
any rate increase;
k. the local or toll-free numbers for the Grantee's Subscriber
seNice telephone system;
I. a listing of the access channels and a description of the
purposes and uses of such channels; and
m. a description of significant rights accorded to the Subscriber
pursuant to applicable law.
1.1.2 The Grantee shall deliver three (3) copies of all such
subscription information to the Grantor within three (3) days after distributing it to the
first Subscriber or potential Subscriber so that the Grantor may ensure that the
information contained therein comports with these consumer protection standards and
is not misleading. If the Grantor determines that such information does not comport
with these consumer protection standards or this Ordinance or is misleading, the
Grantor may order the Grantee to submit to any Subscriber or potential Subscriber
corrected subscription information. The Grantee agrees that the Grantor assumes no
liability for the subscription information by virtue of its review of such information.
1.2 . . . Anyone who requests the installation of Cable
Service from the Grantee shall have the right to rescind such request at anytime prior
to the point in time at which physical installation upon the premises begins. Anyone
who requests a particular service from the Grantee shall have the same right of
rescission, except that such right shall expire once the requested service is actually
received by such Person.
1.3 Marker Showing Converter QiaLLocations. The Grantee will provide
Subscribers with a dial location card for all Cable Servicess and will provide a new card
showing the then-current Channel lineup on an annual basis thereafter.
1.4
1.4.1 Under normal operating conditions, the standards in this
Section shall be met no less than ninety-five percent (950/0) of the time measured on a
quarterly basis.
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1.4.3 Unless a later date is requested by a potential Subscriber,
the Grantee shall complete installation of service for any new Subscriber within seven
(7) business days after any such request is received, where the installation is located
up to 125 feet from the existing distribution system.
1.4.2 Once a request for Cable Service is received, the Grantee
shall either set a specific appointment time or specify a four (4) hour time block during
normal business hours, as requested by the Subscriber or potential Subscriber, during
which the Grantee's work crew shall install the necessary equipment to receive service.
The Grantee may schedule installation activities outside of normal business hours for
the express convenience of the Subscriber.
1.5 Becord.s...ofBequests for Cab.le Service.
1.5.1 The Grantee shall keep records capable of showing all
requests for Cable Service, which shall contain, with respect to each request for
service, the name and address of the Person requesting service, an identification of the
block on which the Person requesting service resides or is otherwise located, the date
on which service was requested, the date and appointment period on which service
was scheduled to be provided and the date and appointment period service was
actually provided. These records shall be assembled continuously and made available
to the Grantor in summary form and in a legible format.
1.5.2 Any information in the records required by Section 1.5.1 of
this Appendix may be destroyed three (3) years after such information was collected,
unless the Grantor authorized the Grantee, in writing, to destroy any information
required by Section 1.5.1 of this Appendix prior to the expiration of such three (3) year
period.
SECTION 2
TRAINING OF EMPLOYEES; TELEPHONES
2.1 Training olEmpJoyees
2.1.1 Each employee of the Grantee who may come into contact
with m,embers of the public at their places qf residence shall: (i) wear a Company-
provided uniform identifying the Grantee; (ii) use a vehicle appropriately identifying the
Grantee; (iii) wear a picture identification card indicating his or her employment with the
Grantee. Each such employee shall also be trained to perform efficiently the various
tasks, including responding to consumer inquiries and complaints, necessary to provide
consumer services in a responsible and courteous manner.
2.1.2 All Company employees shall identify themselves by name
when answering Company telephone lines routinely used by members of the public.
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2.2 ~. The Grantee shall have local or toll free telephone
lines for receiving requests for repair or installation services, for reporting outages and
for responding to billing questions. These lines shall be answered twenty-four (24)
hours per day, seven (7) days per week, with an answering service or automated
device answering them outside of the Grantee's business hours (during which hours
these lines shall be answered by Company employees on request). If calls concerning
area outages are received, the answering service or automated device shall (i) at the
end of the recorded message, permit Subscribers to report outages and to leave their
name and account number, if available, for an outage credit; (ii) contact the person
authorized by the Grantee to initiate corrective measures; and (iii) with respect to
outages known to the Grantee, provide up-to-date information on outages, such as the
suspected cause, the efforts underway to correct the problem and the estimated time
when service will be restored. The answering service or automated device shall record
calls concerning billing questions, complaints, or other matters and Company
employees shall return any such call within one (1) business day after the answering
service or automated device takes the message.
2.S StandarcLo:f Service f~one System. The Grantee shall
maintain a State-of-the-Art telephone system throughout the term of this Ordinance. At
the commencement of the term of this Ordinance, the telephone system shall have, at a
minimum, enough incoming lines and adequate staff to process incoming calls such
that telephone answer time, including wait time, shall not exceed thirty (30) seconds
when the connection is made. If the call needs to be transferred, transfer time shall not
exceed thirty (SO) seconds. Subscribers shall receive a busy signal less than three
percent (S%) of the time.
2.4 Compliance. The standards in Section 2.2 of this Appendix shall be
met no less than ninety percent (900/0) of the time under normal operating conditions,
measured on a quarterly basis. The Grantee will not be required to acquire equipment
or perform surveys to measure compliance .with the telephone answering standards
unless a historical record of complaints indicate a clear failure to comply.
SECTION 3
BilLING
3.1 .Ihe.Format of a Subscriber's Bill
3. 1. 1 The bill shall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Subscribers.
3.1.2 The bill shall contain itemized charges for each category of
Service and equipment and any installation of equipment or facilities and monthly use
(3
3.1.3 The Grantee shall not charge a potential Subscriber or
Subscriber for any Service or Equipment that the Subscriber has not affirmatively
requested by name. A Subscriber's failure to refuse a cable operator's proposal to
provide such Service or Equipment shall not be deemed to be an affirmative request for
such Service or Equipment.
, 6...... -~~-~-~ .~-'-_._-~~- -- :'f~"'"'~:''''' "'_I"l,~\,;t.;'..~"jf,~~:~\,';! t~ . ,~" . I
thereof (together, "Equipment") for which a charge is imposed (including late charges, if
any). an explicit due date. the name and address of the Grantee and telephone number
for the Grantee's office responsible for inquiries and billing, the telephone number
specified by the Grantor for the resolution of billing disputes, and the FCC Community
Unit Identifier Number. The bill shall state the billing period, amount of current billing
and appropriate credits or past due balances, if any.
3.2 ~. All bills shall be' rendered monthly, unless
otherwise authorized by the Subscriber, or unless service was provided for less than
one (1) month.
3.3 Procedures for CoUecting Late Bills.
3.3.1 No bill shall be due less than fifteen (15) days from the date
of the mailing of the bill by the Grantee to the Subscriber.
3.3.2 A bill shall not be considered delinquent until at least forty-
five (45) days have elapsed from the mailing of the bill to the Subscriber and payment
has not been received by the Grantee, provided that no bill shall be mailed more than
fifteen (15) days prior to the date seIVices covered by such bill commence, except in
cases where a Subscriber requests advance billing. Late fees not to exceed one
percent (10/0) may be applied to a delinquent bill, so long as the billing dispute
resolution procedures set forth in Section 3.4 of this Appendix have not been initiated.
3.3.3 Except for terminating access to pay-per-view events,
movies or other usage-priced services, the Grantee shall not physically or electronically
discontinue service for nonpayment of bills rendered for service until: (i) the Subscriber
is delinquent in payment for service; and (ii) at least five (5) days have elapsed after a
separate written notice of impending discontinuance has been serviced personally
upon a Subscriber; or (iii) at least eight (8) days have elapsed after mailing to the
Subscriber a separate written notice of impending discontinuance (for which postage is
paid by the Grantee), addressed to such Person at the premises where the Subscriber
requests billing; or (iv) at least five (5) days have elapsed after a Subscriber has either
signed for or refused a certified letter (postage to be paid by the Grantee) containing a
separate written notice of impending discontinuance addressed to such Person at the
premises where the Subscriber requests billing. Notice of Service discontinuance must
clearly state the amount in arrears, the total amount required to be paid to avoid
discontinuance of service, reconnection charges if applicable, and the date by which
such payment must be made.
3.4 ~
7
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3.4.1 The billing dispute resolution procedure shall be initiated
once a Subscriber contacts the Grantee's department which handles billing questions
for the Grantor, orally or in writing, so long as such contact occurs within thirty (30)
days from the date of receipt of the bill by the Subscriber. If the Subscriber contacts
the Grantor, the Grantor shall notify the Grantee, by mail, by telephone or by electronic
means, that the dispute resolution procedure has been initiated and the Grantee shall
then contact the Subscriber to discuss the dispute.
3.4.2 The Subscriber shall not be required to pay the disputed
portion of the bill until the dispute is resolved. The Grantee shall not apply finance
charges, issue delinquency or termination notices, or initiate collection procedures for
the disputed portion of the bill pending resolution of the dispute.
3.4.3 The Grantee shall promptly undertake whatever review is
necessary to resolve the dispute, and shall notify the Subscriber of the results of the
review as soon as it is completed, but in no case later than twenty (20) business days
after receipt from the Subscriber of the billing dispute, problem or complaint notification.
3.4.4 The Grantee shall notify the Subscriber in writing of its
proposed resolution of the billing dispute, and shall inform the Subscriber that unless
an appeal is taken to the Grantor within ten (10) business days after the date of
postmark on the notification letter, the Grantee's resolution of the dispute shall be
considered final. Where no appeal is taken, the amount the Grantee claims is due
must be paid within twenty (20) days after the date of postmark on the notification letter.
3.4.5 If the Subscriber appeals the Grantee's resolution within the
aforementioned period, payment of the disputed amount may be deferred until one (1)
week after the Grantor has reviewed and resolved the dispute.
3.5 ~inQuent Accounts to a CoUection Agency
3.5.1 If the billing dispute resolution procedures have not been
initiated, the delinquent account may be referred to a private collection agency for
appropriate action no sooner than thirty (30) business days after it becomes delinquent.
3.5.2 If the billing dispute resolution procedures have been
initiated, the delinquent account shall not be referred to a collection agency prior to ten
(10) business days after the conclusion of those procedures, including any appeal to
the Grantor.
8
SECTION 4
EQUIPMENT PROVIDED BY THE GRANTEE
4.1 Types olEQuipment 1.Q.B.eYrovidad
4.1.1 The Grantee shall supply a closed caption decoder to any
hearing impaired Subscriber who requests one at a charge not to exceed the Grantee's
cost.
4.1.2 The Grantee shall comply with all rules and regulations
promulgated by the FCC pursuant to Sections 623 and 624A of the Cable Act
(47 u.s.c. 99 543 and 544a).
4.2 Terms f..QL8ental and Loaner Equipment
4.2.1 The Grantee may require deposits on Equipment it provides
to Subscribers, provided that all such deposits shall be placed in an interest bearing
escrow account for the Subscribers, which deposit shall bear a reasonable interest
rate, and provided further, that there shall be no discrimination among or between
Subscribers in either the requirement for or'the amount of such deposits.
4.2.2 For billing purposes, the return of rental Equipment shall be
deemed to have taken place on the day such equipment is returned.
SECTION 5
OUTAGE CORRECTION AND REPAIR SERVICE
5.1 Jnterruption of Service. The Grantee shall exercise its best efforts to
limit any scheduled interruption of any Cable Service for any purpose to periods of
minimum use. Except in emergencies or incidents requiring immediate action, the
Grantee shall provide Grantor and all affected Subscribers with prior notice of
scheduled service interruptions, if such interruptions will last longer than thirty (30)
minutes. For any other scheduled service outage, the Grantee must give notice
electronically by placing an alphanumeric message on an information Channel or
similar Channel on the System from time to time and at least once an hour, at least
forty-eight (48) hours before the interruption of service occurs, unless the Grantor
authorizes the provision of shorter notice. I
5.2
Made.
Time Periods.l1y WbiGh Outages Mu.st.Be CorrectecLandBepairs
5.2.1 The Grantee shall maintain sufficient repair and
maintenance crews so as to be able to correct or repair any reception problem or other
service problem of either picture, or sound quality, including any outage of sound
and/or picture, on any Channel except for a problem caused by an intentional, wrongful
9
o\JeJ--
act of the Subscriber or by the Subscriber's own equipment which was not supplied by
the Grantee, promptly and in no event later than twenty-four (24) hours after the
Grantee either receives a request for repair service or the Grantee learns of it. For
purposes of this Ordinance, Ureception problem' shall constitute reception that an
affected Subscriber reasonably determines is unsatisfactory, unless the Grantee can
demonstrate that the Signals transmitted to such Subscriber are in compliance with the
FCC's technical signal quality standards (47 C.F.R. ~ 76.601 et seq.).
5.2.2 The Grantee shall maintain, at all times. an adequate repair
and service force in order to satisfy its obligations pursuant to the Section 5.2.1 of this
Appendix, and in cases where it is necessary to enter upon a Subscriber's premises to
correct any reception problem or other service problem, the Grantee shall either set a
specific appointment time or specify a four (4) hour time block during normal business
hours, as requested by the Subscriber or potential Subscriber, during which the
Grantee's work crew shall work on the service problem. The Grantee may schedule
service calls outside of normal business hours for the express convenience of the
Subscriber, provided the Grantee's customer service representatives shall at an times
endeavor to be aware of service or other problems in adjacent areas which may obviate
the need to enter a Subscriber's premises.
5.2.3 In no event shal! the Grantee cancel any necessary
scheduled service call after the close of the' business on the business day prior to the
scheduled appointment. If the Grantee needs to cancel a scheduled appointment. it
must contact the Subscriber and reschedule at a time convenient for the Subscriber.
5.3 . The Grantee's
failure to correct outages or to make repairs within the stated time periods shall be
excused in the following circumstances:
(i) if the Grantee could not obtain access to the Subscriber's
prem ises; or
(ii) if the Grantor, acting reasonably, agrees with the Grantee
that correcting such outages or making such repairs was not
reasonably possible within the allotted time period.
5.4 ~arge fQLRepair Service. The Grantee shall not impose any fee
or charge any Subscriber for any service call to his or her premises to perform any
repair or maintenance work.
5.5 Service CallsJo Be Provided on a ~iscriminatory Basis. The
Grantee shall provide all service calls t~roughout the Franchise Area on a
nondiscriminatory basis.
10
5.6 Becor~Repair Service Requests.
5.6.1 The Grantee shall keep records capable of showing all
requests for repair service and information ~n outage correction (to the extent available
with respect to each of the following types of information), which shall show, at a
minimum, the name and address of the affected Subscriber, the block on which such
Subscriber resides or is otherwise located, the date and the approximate time of
request, the date and approximate time the Grantee responds, the date and
approximate time service is restored, the type and the probable cause of the problem,
the signal level measured on thirty percent (300/0) but no less than fifteen (15) of the
activated Channels on the System after corrective action, if applicable, the corrective
steps, if any, taken, and the names of the Grantee employees who took the corrective
action(s). Such records shall also describe the corrective action taken, and, in the case
of outages, shall estimate the numbers of Subscribers affected. For the purposes of
this Section 5.6.1, "time- shall mean the time of request or appointment period, as
applicable.
5.6.2 Any information in the records required by Section 5.6.1 of
this Appendix may be destroyed three (3) years after such information was collected,
unless the Grantor authorized the Grantee, in writing, to destroy any information
required by Section 5.6.1 of this Appendix prior to the expiration of such three (3) year
period.
SECTION 6
SUBSCRIBER COMPLAINTS
6.1 Complaints. For the purposes of this Ordinance, .complaint. shall
mean any written communication by a Subscriber or potential Subscriber or oral
communication by a Subscriber or potential Subscriber reduced to writing, including to
a computer form, expressing dissatisfaction with any nonprogramming aspect of the
Grantee's business or operation of the System.
6.2 Time PeriQd~ution of Complaints. Except where another
time period is required by any other provision of this Appendix, the Grantee shall make
its best efforts to resolve, as soon as practicable, and in no event later than seven (7)
business days, all complaints after they are received by the Grantee. Within two (2)
business days of receiving a written complaint or a complaint forwarded to the Grantee
by the Grantor, the Grantee shall notify the Person who made the complaint, either by
telephone or in writing, that the complaint has been received and that the Grantee will
make its best efforts to resolve such complaint within seven (7) business days of
receipt of such complaint by the Grantee. .
6.3 .B..eie..uaL.o.f Complaints from the Grantor to the Grantee.
6.3.1 If the Grantor is contacted directly about a complaint
concerning the Grantee, the Grantor shall notify the Grantee.
1 1
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6.3.2 Within seven (7) business days after being notified about
the complaint, the Grantee shall issue to the Grantor a report detailing the investigation
thoroughly, describing the findings, explaining any corrective steps which are being
taken and indicating that the Person who registered the complaint has been notified of
the resolution.
6.4 ComplaioLRecord.s.
6.4.1 The Grantee shall maintain complaint records, which shall
record the date a complaint is received, the name and address of the affected
Subscriber, the block on which such Subscriber resides or is otherwise located, a
description of the complaint, the date of resolution, a description of the resolution and
an indication of whether the resolution was appealed.
6.4.2 Any information in the records required by Section 6.4.1 of
this Appendix may be destroyed after three (3) years after such information was
collected, unless the Grantor authorizes the Grantee, in writing, to destroy any
information required by Section 6.4.1 of this Appendix prior to the expiration of such
three (3) year period.
SECTION 7
NOTICE
7.1 Notice Required,
7.1.1 The Grantee shall provide notice to the Grantor and all
Subscribers of any change in any fee, charge, deposit, term or condition, which notice
shall be provided no later than thirty (30) days prior to the effective date of any such
change. All notices required by this Section 7.1.1 shall specify, as applicable, the
service or services affected, the new rate, charge, term or condition, the effect of the
change, and the effective date of the change.
7.1.2 If the Grantee provides a premium Channel without charge
to Cable Subscribers who do not subscribe to such premium Channel, the cable
operator shall provide a means whereby (i) those Subscribers without a set top box
may request at the time of installation that the signal from such premium Channels be
blocked to prevent any viewing during any such free period, (ii) those Subscribers with
a set top box may either request that the signal for such premium Channels continue to
be scrambled during any free.offer periods, or use parental control features on the set
top box to preclude viewing such premium Channel. For the purposes of this Section
7.1.2, the term "premium Channelll shall mean any Service offered on a per Channel or
per program basis, which offers movies rated by the Motion Picture Association of
America as X, NC-17 or R.
7.1.3 The Grantee shall provide notice, in writing, to the Grantor
and all Subscribers of any change in any Channel assignment or in any Service
12
. I,
provided over any such Channel. which notice shall be provided no later than th irty (30)
days prior to the effective date of any such change. The Grantee shall also provide
notice, in writing, to the Grantor and all Subscribers that comments on programming
and Channel position changes are being recorded by a designated office of the
Grantor, which notice shall be provided no less often than once every sixty (60) days.
SECTION 8
TERMINATION OF SERVICE AND DISCONNECTION
8.1 hlQtice oLTermination of Service. As described in Section 3.3.3 of
this Appendix, the Grantee may terminate service to any Subscriber whose bill has not
been paid after it becomes delinquent, so long as the Grantee gives proper notice to
the Subscriber as provided in Section 3.3.3 of this Appendix and the billing dispute
resolution procedures have not been initiated.
8.2 Besubscription to Cable Service. The Grantee shall not refuse to
serve a former Subscriber whose service was terminated, so long as all past bills and
late charges have been paid in full. The Grantee may not charge such terminated
Subscriber any fee(s) not applied to former Subscribers who voluntarily terminated
service. The Grantee, however, may require a deposit from such a terminated
Subscriber in an amount not to exceed such Subscriber's anticipated monthly charges
for a two (2) month period, provided that all such deposits shall be placed in an interest
bearing escrow account for the Subscriber, which deposit shall bear a reasonable
interest rate. Such deposits shall be returned to the Subscriber no later than after
twelve consecutive months of no delinquent payments by such Subscriber.
8.3 .LengttLQLTime to Disconnection. If disconnection occurs at the
Subscriber's written or oral request, then, for billing purposes, it shall be deemed to
have occurred three (3) days after the Grantee receives the request for disconnection
unless (i) it in fact occurs earlier or (ii) the Subscriber requests a longer period.
8.4 ~ing Appointments. Except for disconnection of Cable Service
for non-payment, the Grantee shall either set a specific appointment time or specify a
four (4) hour time period during normal business hours, during which its work crew shall
visit the Subscriber's premises to disconnect service and to remove any Equipment.
The Grantee may schedule such service outside normal business hours for the express
convenience of the Subscriber.
8.5 . The Grantee shall ensure that
the subscriber's premises are restored to their original condition if damaged by the
Grantee's employees or agents in any respect in connection with the installation, repair
or disconnection of Cable Service.
8.6 The Grantee shall not charge any fee for
disconnection. For any Subscriber wishing to disconnect his or her Cable Service for a
period of six (6) months or less, the Grantee shall not impose a charge on such
13
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. "
Subscriber for reconnection within such six (6) month period, if, at or prior to the time of
disconnection, the Subscriber notifies the Grantee that he or she requests to have his
or her Cable Service reconnected within six (6) months. In such cases, the Grantee
shall disconnect and reconnect the Subscriber's Cable Service remotely without visiting
the Subscriber's place of residence.
SECTION 9
CREDITS AND REFUNDS
9.1 Grounds. As a result of the Grantee's failure to comply with these
consumer protection standards, the Grantee shall provide to each affected Subscriber
or potential Subscriber, as applicable, the following credits:
(i) for a failure of the Grantee's crew to arrive at the Subscriber's
premises at the scheduled time or within the promised four (4) hour period for
any installation service, as provided in Section 1.4.2 of this Appendix, a credit
equal to free installation and the amount that would have otherwise been billed
to such Subscriber for all Cable Services selected by such Subscriber for the
first billing period following installation up to a maxim urn amount of Twenty-five
Dollars ($25);
(ii) for a failure of the Grantee to complete installation of service
within the scheduled time period provided for in Section 1.4.3 of this Appendix,
unless otherwise excused, a credit equal to free installation;
(iii) for any reception problem, including any outage of sound and or
picture on any Channel, as defined in Section 5.2 of this Appendix, or for any
other service problem which remains unrepaired for more than twelve (12) hours
after either the Grantee receives from the Subscriber a request for repair service
(provided that, to the extent access to the Subscriber's premises is required to
effect such repair, the Subscriber has granted the Grantee such access) or the
Grantee learns of such problem, a minimum credit in an amount equal to one-
thirtieth (1/30) times the total bill for Cable Service of such Subscriber for the
preceding billing period, for each twenty-four (24) hour period during which such
reception problem persists for at least four (4) hours;
(iv) for a failure of the Grantee's crew to arrive to correct any outage
or make any repair during the stated time period, as specified in Section 5.2.2 of
this Appendix (except where such failure is excused by Section 5.3 of this
Appendix or except where such crew is no longer required due to a repair
effected in a nearby portion of the System, in which case the Subscriber shall be
notified by telephone that a vh,it to such Subscriber's residence is no longer
necessary), a credit in an amount equal to all charges billed to such Subscriber
for the preceding monthly billing period up to a maximum amount of Twenty-five
Dollars ($25); and
14
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(v) for the improper termination of service to a Subscriber, free
reconnection and a credit in an amount equal to all charges billed to such
Subscriber for a period equal to two (2) times the total number of days such
Subscriber does not have service up to a maximum amount of Seventy-five
Dollars ($75).
9.2 purpose. The Grantee agrees that each of the foregoing occurrences
necessitating such credits shall result in injury to such Subscribers, which injury will be
difficult to ascertain and to prove. The Grantee agrees that each of the foregoing
credits is a fair and reasonable compensation for such injury and that such
compensation constitutes liquidated damages, not a penalty or forfeiture.
9.3 G.a.lc.uJ.a1i.Q. For the purpose of calculating the amount of credit owed
pursuant to Section 9.1 (iii) of this Appendix, such four (4) hour period shall be deemed
to have begun at the time the outage occurred.
9.4 G.redits. With respect to any credit described in Section 9.1 (iii) of this
Appendix, the Grantee shall automatically provide a credit on each Subscriber's bill
affected by a reception problem, as applicable. If the Grantee cannot determine who
was affected, then it shall provide a credit to any eligible Subscriber who makes
application therefor by written or oral notice within ninety (90) days after the outage or
reception problem occurred. With respect to any other credits enumerated in
Section 9.1 of this Appendix, the Grantee shall provide such credit automatically to the
affected Subscriber's next bill. .
9.5 B.e1un.d..s. Refund checks shall be issued promptly, but no later than
either (a) the Subscriber's next billing cycle following resolution of the request or thirty
(30) days, whichever is earlier, or (b) the return of the equipment supplied by the
Grantee if the service is terminated.
SECTION 10
MISCELLANEOUS REQUIREMENTS
10.1 . The downgrading of a Subscriber's service
shall be effected solely by coded entry on a computer terminal or by another similarly
simple method, and the charge for such downgrading shall be nominal, and in no event
shall exceed the cost for any upgrading of a Subscriber's service by such method(s).
Charges for changes in service tiers or equipment that are impossible to be made by
coded entry on a computer terminal or other similarly simple method and that involve a
more complex method shall not exceed act~al cost, and in no event shall exceed the
cost for any upgrading of a Subscriber's service by such method.
10.2 . The Grantee shall display a written notice on
an information Channel from time to time, stating that information, complaint resolution
15
00((
. .' .
and repair service may be obtained by telephoning the Grantee at a designated
telephone number.
10.3 .Gre.d.its. In the event applicable law permits, at any time during the
term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or
-rollback" rates, fees or charges for any Service provided pursuant to the Agreement,
the Grantee shall automatically provide a credit on each Subscriber's bill affected by
such decrease or rollback, or shall pay to each Subscriber, in cash or by check, the
amount of the credit if such credit would be equal to or more than the average bill of
such Subscriber for the immediately preceding three (3) month period.
10.4 Payment Stations. The Grantee shall maintain in the Grantor at least
two full service locations at which bills can be paid and Subscriber inquiries can be
answered.
10.5 ~. The Grantee shall provide in any cable programming
guide supplied to Subscribers a listing of the channel location of all PEG channels and
the programming thereon.
SECTION 11
FAILURE TO COMPLY WITH THESE REQUIREMENTS
11.1 MateriaLReQuirements.
11.1.1 The Grantee agrees that substantial failure to comply with
any material requirement set forth in these consumer protection standards shall
constitute an Event of Default.
11.1.2 The Grantee also agrees that if the Grantor determines, in
the exercise of its sole discretion, that the Grantee has, after notice from the Grantor,
repeatedly failed to comply with any requirement set forth in these consumer protection
standards, then the Grantor may elect to treat such failure in all respects as an Event of
Default.
11.2 . If the
Grantee fails to take reasonable steps to ensure that its contractors, subcontractors or
agents abide by these consumer protection standards, the Grantee shall be liable for
any breach of these consumer protection standards com m itted by its contractors,
subcontractors, or agents just as if the Grantee itself had committed the breach.
,
16
,.. - ~- - ---- -- .- -- .
. .
SECTION 12
DEFINITIONS
to' t ,. ..
12.1 . The term "normal business hours" means
those hours during which most similar businesses in the community are open to serve
customers. In all cases, "normal business hours" must include some evening hours at
least one night per week and/or some weekend hours.
,
12.2 ~ormal OperatiOQ Conditions. The term "normal operating
conditions. means those service conditions which are within the control of the Grantee.
Those conditions which are not within the control of the Grantee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which are
ordinarily within the control of the Grantee include, but are not limited to, special
promotions, pay-per-view events. rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the cable system.
Re:. \ \
TIME/W ARNER AND GTE FRANCHISE AGREE~~4~ 1996
COPIES TO:
COMMISSION
A Brief Comparison
PrU:.:...h,)
CLERK / ATTORNEY
The City of Clearwater negotiating team considered a number of factors to make the benefits and
obligations balance. We looked at the whole agreement balancing the Company's needs, the
City's needs, and competition within the market place. Also balanced was the fact that Time
Warner has 40,000 subscribers and has been operating without competition for the last 17 years
and was renewing the franchise agreement. GTE has no subscribers to cable TV and was
requesting a new franchise agreement.
There have been numerous changes in federal and state law that limit our regulation and treat
renewals and new franchises somewhat differently. For example, we can no longer require local
origination programming. Therefore, it mentioned in the GTE franchise that they will carry a
channel if possible and the Time Warner franchise states that the local origination channel and
programming will be at the sole discretion of Time Warner.
This document is an attempt to compare the major parts of the agreements. We do not have a
final copy of the agreement with Time Warner since that document has not been produced
pending final negotiations. We believe that agreement is close. Attached is a letter from
Attorney Tim Johnson affirming that belief.
In the event that either firm believes that the playing field is not legally level, there is a section
in each franchise that outlines a procedure for protest and resolution of the issue. The language
in both franchises is generally the same and has been accepted in negotiations.
o\J~r
. I ' ' It " _ , . \:
ITEM
Franchise Fee
Same language for
both.
Grants.
Transfer of
Franchise.
Institutional network.
Service.
Term.
Customer Service
Standards (App. E).
PEG.
State of the Art.
Ir
TIME \V ARNER
II
GTE
5%
5%
$50,000
\Vants to transfer as long as Time Warner
retains control without City approval.
Still negotiating this item with Time Warner.
Time Warner will maintain existing net but
not pay for extraordinary maintenance cost.
Wants to limit out use of the I-Net so that it
cannot be connected to any switched net.
Still negotiating this item with Time Warner.
Will serve Clearwater Marina through a
wholesale agreement. Will provide one outlet
to Harborview Center.
15 years.
Consistent with FCC standards.
Still negotiating this item.
Time Warner will continue the same public
access support as today. If they negotiate an
agreement with the County that is acceptable
to us or that does not substantially change that
support, the County language will apply. If
not, we will renegotiate. Time Warner will
allow interconnection at GTE's expense.
This language to be negotiated.
Grant of $100,000 for equipment for
20vemment access for year one and $75,000
(~~ yeirP b~ 0<' ~
Nine (9) hours of support per week and the
use of the van or a cash payment agreed to in
franchise language.
City will pay Time Warner any of the
remainder of the PEG monies paid by GTE at
the end of the year not used by the City to
enhance PEG or otherwise negotiated in future
negotiations.
Will meet state of the art provisions as long as
there is no competition.
$50,000
Must get City approval.
Included in $50,000 grant.
Will provide service to
downtown buildings as
noted.
10 years.
Standards set at the level
that the City requested.
Will be required to carry.
Will renegotiate in four (4)
years after the County
franchise is negotiated.
Grant of $67,000 the first
year and $50,000 in
year 7.
Graduated payments
totaling $850,000 over ten
(10) years.
Will meet state of the art
service for the term of the
franchise.
-- ----- .--.----.-. -'-'-~" - .-~~.~..., .
c:
05/31/96 15:11
174418617
JOHNSON-BI..AKLEY
fZI 002/002
JOHNSON, BLAKELY. POPE, BOKOR, RUPPBL &. BURNS, P.A.
An01NIYI AND COUNSELLORII AT LAW
!. D. AA).13TRONO t1/
B1U 1C'i " BMN'E4
JOHN T 8~L Y
8lUl,,'i K ~JI\
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May 31,1996
VIA FACSIMILE
462-6720
Mrs. Kathy Rice
Deputy City Manager
City of Clearwater
112 South Osceola AVQnua
Clearwater, Florida 34818
Re:
Dear Kathy:
Time Wamer Cable Franchise Renewal
t'
This lettar confirms that, from the perspective of Time,Wamar, we are very close
to resolving th~ few romaining issues with the City in connection with the renewal of
Time Wamer's Cable erefevislon franchise.' We appreciate the effort that you and Pam
Akin have put into theae negotiations over the past two weeks and. hopefully, all open
matters will be resolved prior to the City Commission's meeting en June 6.
With best regards. I remain
o
youra,
TAJ:slh
00: I'dr. Bob Barlow
(1ary Matz, Esquire
0100844.01
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GTE Telephone
OperatiON
SENT VIA FACSIMILE
May 28, 1996
Pamela K. Akin
City Attorney
City of Clearwater
P.O. Box 4748
112 S. Osceola Avenue
Clearwater, FL 34618-4748
Re ~ RESPONSE TO TIME WARNER OBJECTIONS TO PROPOSED
GTE MEDIA VENTURES FRANCHISE ORDINANCE
Dear Pam:
As we discussed, in response to Commissioner Seel's request
that GTE respond to the points raised by Time Warner in the
public hearing held on May 16, 1996 related to the proposed
franchise ordinance for GTE Media Ventures (GTE) r we would
like to make the following comments. These comments are based
upon our understanding of the status of your renewal
negotiations with Time Warner as of the date of the public
hearing.
A. Time Warner Objections Based upon new Hi9~~~ Stand~~q
Established by Proposed GTE Ordinance.
It appears that many of Time Warner's objections relate to
their concern over certain obligations agreed to by GTE that
Time Warner would then be expected to undertake as part of
their franchise renewal.
1. Own~rship of subsctiber drop. The subscriber drop
is the last piece of the cable system that runs from a
Bubscriber's home to the interconnection point in the
public right of way. Under federal rules, this drop is
owned by the cable operator who installed it, with new
federal rules anticipated to confirm subscriber ownership
of cable inside the subscribers home, but not of the
subscriber drop.
Appendix E of the proposed GTE ordinance contains certain
Customer Service Standards that the City requested of
coo
A part of GTE Corporation
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Pamela AAin
May 28, 1996
Page 2
GTE. Based upon the City's representation that these
st~dards were the old Vision C~le standards and that
Time Warner was also being required to adopt these
standards, we agreed to include the standards as part of
our proposed ordinance. Section 8.7 of Appendix E
provides that, notwithstanding federal rules, the
subscribers in Clearwater shall own the subscriber drop.
This is a very pro-consumer provision that will allow
citizens to switch cable providers (assuming that all
providers h&ve the same standard) without undergoing the
installation (and likely burial) of a new drop.
Time Warner objects to this provision because they
anticipate that they will be asked to agree to it as well
as part of their renewal. They do not want to give
ownership of the drop to the subscriber. They are also
concerned that if they agree to this provision for their
renewal, that somehow the provision will apply
retroactively to drops installed under their expired
franchise and that GTE would have an unfair advantage
when entering the market because it could use the Time
Warner drop instead of being required to install its own.
GTE questions whether the City could retroactively
transfer ownership of subscriber drops installed under
the old franchise from Time Warner to their subscribers.
Instead, this obligation in the re~ewal franchise would
likely be interpreted only to apply to drops installed by
Time Warner after the renewal. Additionally, as I
mentioned in the hearing, GTE does not intend to use Time
Warner's drops because of concerns over quality of
materials and construction methods used by Time Warner.
At the same time, it would be unfair to GTE for Time
Warner co have the abilicy to use the GTE drop going
forward, if GTE did not have the same opportunity in the
future should Time Warner upgrade its facilities. GTE
has budgeted over $2,000,000 for the installation of
subscriber drops in the Clearwater market. Accordingly,
GTE would agree that the Time Warner version of Section
8.7 include language that makes it clear that it applies
to Time Warner drops only on a going forward basis. In
the alternative, GTE would agree to the removal of
jSection 8.1 of Appendix E from the GTE proposed
'" ordinance.
2. Term of Fr~nchi$e (7 year re-~pener). Time Warner
complained that the City was demanding an opportunity to
re-negotiate their renewal franchise after seven years
while the proposed GTE ordinance did not contain such a
requirement. In negotiations, the City staff di8closed
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May 28, 1996
Page 3
to GTE that the City wanted only a ten year franchise
term and Time Warner was demanding a fifteen year term.
The city said that it was willing to give a fifteen year
term with a seven year renegotiation provision. GTE was
offered a choice between a fifteen year term with the
renegotiation provision or a ten year term. GTE chose
the ten year term and understands that same option is
available to Time Warner.
3. Strict r~rformance Stand~rd8. Time Warner
complained that the proposed GTE ordinance did not
contain the strict performance requirements and penalties
set forth in the expired Time Warner franchise. The
expired franchise does contain certain penalties to be
paid to the City if Time Warner fails to perform certain
obligations under the ordinance. However, neither Time
Warner, as a condition of its renewal, nor GTE in its
proposed ordinance, have been asked by the City to
include such a provision. Instead, the City has replaced
those penalty provisions with comprehensive customer
service standards that it has asked both Time Warner and
GTE to accept. These cuetomer service standards require
substantial credits to consumers (rather than payments to
the City) for an operator's failure to meet the required
standards. GTE has agreed to be subject to these
standards and they are set forth in Appendix E of the
proposed GTE ordinance. It is our understanding that
Time Warner has not agreed to be subject to these
comprehensive standards, and this is one of the main
reasons they have not been able to reach agreement on a
renewal franchise.
In summary, it appears that Time Warner objects to the
proposed GTE ordinance in the following areas because Time
Warner does not want to be held to the same obligations agreed
to by GTE:
-Ten year (rather than fifteen) franchise term;
-Comprehensive customer service standards with
substantial credits to auhecribers for failure to meet
such standards; and
-Granting subscribers ownership of the subscriber drop.
Time Warner's attorney publicly criticized GTE in the laat
City Commission meeting for agreeing to such obligations,
stating that GTE would not have done so had we been more
experienced in the cable television business. We take offense
at this characterization in light of our wil11ngneos to
respond affirmatively to the legitimate requests of the City
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Pamela Akin
May 28, 1996
Page 4
in order for us to be able to bring consumers in the City a
choice in providers of video programming more rapidly.
Time Warner's unwillingness to agree to these, as well as
other, requests by the City have led to lengthy franchise
renewal negotiations. Now Time Warner is using their
unwillingness to agree to these obligations (which has
resulted in no renewal franchise) a8 a reason for the City not
approving the proposed GTE ordinance. Time Warner argues that
the Commission cannot determine if the GTE ordinance is fair
when the City does not have an existing Time Warner ordinance
to compare it against. This argument is a red herring
intended to mislead the Commission.
Time Warner does not have a renewal of its franchise mainly
because of its continued refusal to agree to legitimate
requests by the City in certain key areas. GTE was willing to
accept the City'S demands in these areas and, because of that,
has a franchise ordinance ready for approval. In each case,
these obligations accepted by GTE exceed Time Warner's current
obligations. Since Time Warner has refused for tbe better
part of two years to agree with the City on these issues, it
is unlikely that they will agree now, especially if their
continued refusal will cause a delay in approval of the
proposed GTE ordinance. Because of its existing customer base
and repeated extensions of its existing franchise, Time Warner
is quite content to continue operating as long as possible
without undertaking these added obligations.
On the other hand, GTE agreed with the City on these issues
because we recognized that they were important issues to the
City and we had a strong desire to not delay choice for your
citizens. It is unfair that GTE, by incurring franchise
approval delay, should be punished for reaching quick
agreement with the City by accepting these obligations, while
Time Warner does not have a current renewal because of its
continued refusal to accept these obligations. Time Warner
has wrongfully taken advantage of the Commission's concerns
over fairness by twisting its own refusal to accept the
legitimate renewal obligations requested by the City into an
excuse for delaying approval of GTE's francbise.
B. Time Warner Level Playin9 field Objectiona.
Florida law requires that the proposed GTE ordinance not be
less burdensome or more favorable than Time Warner's
franchise. Norman Sinel, the City'S outside legal expert, who
is one of the country's most knowledgeable experts in the area
of cable television franchises, gave his unbiased views at the
last Commission meeting regarding the state level playing
field requirements. He stated that he did not believe that
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May 28, 1996
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Florida law required identical agreements. He also pointed
out that he did not think that the City was required to
negotiat@ simultaneously with the incumbent or to have them
become participants in negotiations with a competitive
provider, and stated that doing so might not be appropriate.
The Commission's legal requirement, as stated by Mr. Sinel, is
to balance the burdens and benefits of each franchise,
including the circumstances of an incumbent and an entrant,
and make a good-faith judgment that the franchises are
balanced. He further indicated that so long as the Commission
did not act in an arbitrary or capricious manner in
determining that such franchises were balanced, the City
should be found to have satisfied the level playing field
requirements. Mr. Sinel finally suggested that this burden
had likely already been met by the fact that the City staff,
who is intimately familiar with both franchises, has concluded
that the proposed GTE ordinance is fair and balanced and bas
recommended its approval.
The proposed GTE ordinance is a negotiated document, with
compromises given and taken on a number of issues. As pointed
out by Mr. Sinel, under Florida law, the proposed ordinance
must be looked at as a whole for the purposes of determining
fairness. When a single issue is compared between providers,
it might appear to be unfair to one side. For example, GTE
has agreed to expend over $200,000 to extend its network to
serve downtown areas at the request of tbe City. If only this
issue is examined for determining fairness, it would seem
unfair for GTE to have this obligation since Time Warner has
not agreed to do the same. Also, GTE has agreed to more
stringent technical and customer service standards than Time
Warner and to install a status monitoring system. These
obligations all increase GTE's costs in systems and personnel
and must be taken into account when determining whether the
City has met its level playing field requirement.
In light of the foregoing, we can look at Time Warner's level
playing field objections raised at the most recent Commission
meeting.
~. Lpca~ origination, access channel intercon~ect1on.
In its expired franchise, Time Warner already had the
obligation to interconnect origination and access
channels of the cable system with any or all other CATV
systems. GTE has a similar obligation in the proposed GTE
ordinance. The City has asked Time Warner to continue
this obligation in its renewal franchise. Time Warner
objects, stating in the last Commission meeting that they
are not willing to provide GTE with interconnection and
that GTE should have to duplicate the facilities needed
to produce its own local and public programming or at a
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May 28, 1996
Page 6
minimum share equally Time Warner's costs of providing
such programming.
Time Warner 1s confusing its interconnection obligation
with a level playing field analysis. The City cannot, as
Time Warner suggests, look at this single issue for
determining whether level playing field requirements have
been met. It has already been pointed out that the
obligations of each franchise holder need not be
identical. An overall balancing of the burdens and
benefits is what is required. Although it was not
obligated under level playing field to do so, the City
could have required that GTE duplicate production
facilities or share Time Warner's costs of providing such
facilities on an equal or pro rata basis. The City staff
determined that this duplication would only cause higher
costs to be incurred unnecessarily, which in turn would
have to be passed on or recovered from the citizens of
Clearwater. The City staff also felt that the incumbent
operator has more than recovered its initial capital
costa required for PEG support and that the obligations
of the operators needed to be balanced on a going forward
basis, not on what was required in the past.
Time Warner is also grossly misinterpreting its
obligation from the City to provide and operate
facilities used to produce programming for the public
good. Time Warner feels that this obligation somehow
grants them a right to own or control use of such
programming exclusively. This was never the case under
the expired franchise which required them to interconnect
and provide this programming to all ~TV providers. At
no time did the expired franchise give Time Warner
exclusive rights to this programming or require any other
CATV company to pay for or share the coats of producing
such programming as a condition for interconnection.
The programming provided on the public, educational and
governmental (PEG) channels is for the benefit of the
public. It is being produced using facilities provided
for the public use and benefit as required by the City.
The City has the desire and the right to require that all
citizens have access to such programming regardlesa of
which CATV company they subscribe to. The fact that Time
Warner is required to provide and operate these
facilities for the benefit of the public in no way
confers upon them ownership of or exclusive rights to
such programming. If Time Warner wants to produce
programming that it owns and controls. it can do so using
facilities other than those owned and operated for the
benefit of the public, broadcasting it on its own (non-
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May ~a, 1996
Page 7
public) channels, after negotiating and paying for the
rights necessary to own and broadcast the programming.
Otherwise, the programming belongs to the public and
needs to be made available to the public as required by
the City without threats of interference from Time
Warner. '
2. Tj~e Warner costs of providing facilitiea~
equip~ent~ persoonel ~nd training versus GT~'s payment
x~quire~ent8. At the hearing, Time Warner alleged that
its costs of providing equipment, facilities, personnel
and training for PEG far exceed GTE's burdens under the
proposed GTE ordinance. Time Warner's attorney mentioned
in the public hearing that in each of the last two years
we've spent over a million dollars on local origination
and public access programming. But GTE does not feel
that this is the appropriate measure nor does it feel
that it should be required to match or share Time
Warner's inflated representations of its costs.
Time Warner is only obligated to provide the City of
Clearwater with a few hours each month of studio time for
public access and a few hours each month of personnel
time to assist with government programming. The City
staff estimated the cost of providing the government
programming support at $30,000 annually. The cost of
providing the actual public access support is less since
the hours of support are fewer, but even assuming an
annual cost of $20,000, the total cost of PEG support
actually received by the City from Time Warner cannot
exceed $50,000 per year. This is Time Warner's burden
that GTE should be judged against for level playing field
purposes.
But even if GTE is expected to share or match Time
Warner's costs, those costs must be reasonable. Vision
Cable's original proposal for Local Origination
programming and access support for all of its operations
1n Pinel1as County contemplated the following annual
operating budgets;
First year
Third year
Fifth year
Tenth year
$127,000
$199,000
$256,000
$371,000
Time Warner's lawyer now says these costs are now over
$1,000,000 a year. Bob Barlow, general manager for Time
Warner sent the attached letter to Pinellas County on
March'lS, 1996 representing Time Warner's anticipa~ed
(budget) costs for providing local origination
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May 28, 199'
Page 8
programming and public acceas support in 1996. In the
letter, Mr. Barlow offers an explanation of why the costa
as reported by Time Warner are so much higher than those
reported by Vision Cable. Re stated that the new numbers
include allocations of overhead costs, and an allocation
of expenses such as rent, office supplies and postage.
According to the letter, Time Warner's 1996 operating
budget for local origination programming and public
access support is as follows:
Local Public
QJ'igination Access
1996 Operating budget $1,050,000 $440,000
1996 Capital expense ~50.00Q 150.000
Total $1,300,000 $590,000
According to the City staff, these facilities support
over 295,000 Time Warner subscribers, approximately
40,000 of which come from the City of Clearwater. Using
these numbers, the percentage of costs allocable to
Clearwater for 1996 would be 13.6%. Being conservative by
assuming that Time Warner will make the above capital
expenditures annually, the amount allocable to Clearwater
would be:
Local Origination
public Access
Total
Total
$176,800
$ 80.24Q
$257,040
Per Sub.
$4.42
2..01
$6.43
These cost figures represent the absolute top of the coat
range for Time Warner And are not reasonable in our
opinion. First, the numbers ob~iouBly include a
tremendous overhead allocation from Time Warner's
corporate headquarters since the 1996 budget numbers are
almost five times the previous budget anticipated by
Vision Cable. Undoubtedly, Time Warner's depreciation
and amortization costs are based on new values assigned
to these facilities as a result of their purchase of
Vision Cable. These costs have also probably not been
reduced to reflect revenues from studio rental or the use
of the facilities by Time Warner for local advertising
production and other corporate uses.
Because we felt that Time Warner's cost estimates were
inflated, we prepared an estimate of what we thought it
would cost to opexate the facilities provided and
operated by Time Warner in Pinellas County. With capital
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May 28, 1996
Page 9
expenditures being made every five years, without a
corporate overhead allocation from GTE and without any
reduction for corporate use or rental revenues, our total
estimated coats were approximately one.third of those put
forward. by Time Warner. Using the same percentage to
allocate the costs between local origination and public
access, GTE's estimate of Time Warner's true costa
allocable to clearwater are:
Local Origination
Public Access
Total
Total
$ 63,000
S ~6.000
$ 89,000
Arguably, from a City staff perspective, these numbers
represent the low end of Time Warner'g range of costs for
providing local origination and public access support.
Using this analysis it appears that Time Warner's annual
cost for providing these facilities will be somewhere
between $890,000 and $2,570,400 over the ten year term of
GTE's proposed franchise.
As you know, GTE agreed to pay to the City $815,000 over
its franchise term in support of public access. This
figure was ultimately acceptable to GTE because it
approximates what we feel is Time Warner's true cost of
providing these facilities. The City retains the right
to pay any or all of these payments from GTE to Time
Warner, if the City later determines that Time Warner's
true costs are higher than $875,000. With tbe
flexibility built into the proposed GTE ordinance, Time
Warner's true costs could be more than double GTE's
estimate and the City could assure a proper balancing of
obligations between operators by passing GTE payments
through to Time Warner to offset their costs.
The foregoing numbers also all assume that GTE is
matching or sharing in Time Warner's costs of producing
both local origination programming and public access
support. If Time Warner's local origination obligation
is eliminated for the renewal franchise, as represented
to us by the City staff, then only Time Warner'. costs of
providing public access should be considered. When sucb
a comparison is made, GTE's $875,000 over ten years
exceeds even Time Warner's inflated estimate of $802,400
over the same period for public access support.
3. Ti~~ Warner dOB~ not think the proposed GTE
prdin~ope meets l~vel playing fie~d r~~irements. This
is what one would expect Time Wa~ner to say, regardless
of the content of the proposed GTE ordinance. The
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May 28, 1996
pag. 10
proposed ordinance waG not drafted by GTE, but by the
City. The City staff outlined conditions for a franchise
for GTE and except for a few minor changes, GTE agreed in
good faith to the City's demands in order to receive
rapid approval of its franchise. The City wae
represented by well respected technical and legal experts
during these negotiations.
In addition to the $875,000 being paid for PEG support,
GTE is also matching dollar for dollar, up-front grants
currently proposed for Time Warner (prorated to take into
account a ten year versus a fifteen year franchise term) .
GTE has also agreed to the following items, which we
understand are not being provided by Time Warner at the
following additional estimated costs:
Wiring of Downtown
Status Monitoring System
Capital Costs
Operating (10 yr)
Expanded cust. support hours
CUstomer support credits
GTE
Qpligations
$200,000
Time Warner
Fosition
$230,000
$130,000
$ 40,000
$117,000
-0-
-0-
-0-
-0-
-0-
As you can see, the proposed GTE ordinance places burdens
on GTE in excess of those anticipated from Time Warner in
almost every case. This is even more true if the City
takes into account the differences between GTE as a new
entrant and Time Warner as an incumbent, as recommended
by Norman Sinel. GTE's burdens on a per subscriber basis
become extremely onerous when compared to the burden
placed upon Time Warner who can spread such costs over
its 40,000 subscribers. GTE does not have any
subscribers and must compete for every subscriber it
obtains. It is unlikely that GTE will ever have more
than one-half of Time Warner's current number of
subscribers. In other ~ords, Time Warner simply does not
have a legitimate level playing field complaint. This is
not just the opinion of GTE, but 19 also the opinion of
the City staff and their outside legal experts.
4. ~T~ right to renegotiate PEG support payment~. GTE
does have a right to renegotiate PEG support payments
after four years if we do not obtain at least 12,500
subscribers. This provision was agreed to because the
City wanted GTE's PEG support obligation to be fixed, and
not baaed upon a per subscriber amount (as argued for by
GTE). If GTE i8 not successful in the marketplace, our
obligation for PEG support will be grossly
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Pamela Akin
May 28, 1996
Page 11
disproportionate to our market share. Obviously, this is
only an obligation to revisit the issue in four years,
the City is under no obligation to actually agree to a
lesser amount. The City does not have a corresponding
ability to negotiate for higher payments from GTE if we
are more successful than planned, but the chances of GTE
obtaining more than half of Time Warner's customers
within a similar period were considered extremely low.
Also, the City has the ability to pay over some or all of
GTE's payments to Time Warner to rectify any perceived
inequalities in such an event. The City will be able to
balance GTE's obligations at the end of the ahort ten
year franchise term when GTE seeks its renewal. Based on
the foregoing reasons, the City did not feel it was
necessary to require a reopener of PEG support if GTE was
more successful than contemplated.
5. Ijme Wa~er local originatipn programmin9. As
mentioned above, any programming developed by Time Warner
using public access facilities or being broadcast on
public accesS channels, is public programming that should
be made available to all cable sUbscribers, regardless of
their cable operator. These are facilities and channels
dedicated for the public benefit and use, not for Time
Warner's private programming offering. If Time Warner's
local origination obligation is eliminated as
contemplated, and/or Time Warner develops and owns their
own programming and broadcasts it on their own channel,
they will have and should have every legal right under
intellectual property laws to withhold such programming
from other cable operators.
6. Tim~ Warner provision of I-Net. According to the
City staff, Vision Cable expended approximately $15.000
to provide an I-Net to the City. The costs associated
with this I-Net were long ago recovered from the citizens
of Clearwater. Time Warner's only obligation with
respect to the I-net on a going-forward basis is
maintenance. The City staff estimates that the cost of
providing such maintenance is very low and is more than
matched by GTE in its up front grant of $50,000 to be
used to reimburse the City for negotiation costs and any
other lawful purpose.
Hopefully, this information is helpful and you can use it to
brief your Commissioners on any level playing field issues
they may have. We intend to use it for any briefings we are
Able to arrange. If you have any other information you think
might be helpful, or if you tnink that anything in this letter
might be inaccurate or misleading, please let me know as soon
as possible.
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May 28, 199';
Page 12
The proposed GTE ordinance is fair and satisfies all level
playing field requirements. I know that the City staff shares
that opinion. It is our hope that the Commissioners can also
gain a sufficient level of confidence so that the ordinance
can be approved on June 6th and June 20th. GTE has negotiated
in good faith and has agreed to virtually every request made
by the City with only minor modifications. The City staff and
outside experts have given their opinions that the proposed
GTE ordinance satisfies all legal and level playing field
requirements. From our standpoint, there is no reasonable
basis for not approving the proposed franchise ordinance. Each
day without approval costa GTE more than $15,000 (plus lost
revenue) and represents another day during which your citizens
are denied the benefits of competition.
Thank you for all of your help and support.
Best regards,
:;f &'\~
Id L. Edgar
c: Norman Sinel
Kathy Rice
Jeff Harper
"
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ITEM
Franchise Fee
Same language
for both.
Performance Bond
Transfer of Franchise
Institutional Network
Service
buildings
Term
Customer Service
Standards (Appendix E)
lIME/WARNER
5%
GTE
$50 ,OCO
$50 ,000
Wants to transfer as long
as T /W retains control WIThout
City approval.
Still negotiating this item with T /W
T /W will maintain exlsiting net but
not pay for extraordinary
maintenance cost. Wants to limit
our use of the I-net so that it cannot
be connected to any switched net.
Still negotiating thi$ ~em with T /W
Will serve Clearwater Marina thru
a wholesale agreement. Will
provide one outlet to Harborview
center.
15 years
More in Une with current
procedures.
Still negotiaing this item
R~ -II
5%
Must get
COy Approval
Included in
$50,000 grant
Will provide
service to
downtown
As noted.
10 years
Standards set at the
level that the Ci1y
requested.
PEG
T /W will continue the same
Public Access support as
today. If they negotiate an
agreement with the County
that Is acceptable to us
or that does not substantially
change that support. The
county language will apply
If not we will renegotiate. T fW
will allow interconnection at GTE's
expense.
This language to be negotiated.
Grant of $100.000 for equipment
for Government Access for year
one and $75,000 in Year 7
9 hours of support per week and the
use of the van or a cash payment
agreed to in franchise language.
City will pay T {W any of the
remainder of the PEG monies
paid by GTE at the end of the
year not used by the City to
enhance PEG or otherwise
negotiated in Mure negotiations.
State of the Art
Will meet state of the Art provisions
as long as there is no competition.
1Z~::11
Will be required to
carry. Will
renegotiate in
4 years after the
county franchise
Is negotiated.
Grant of $67.QOC) the
first year and $50.000
in year 7.
Graduated Payments
totaling $850,000
over 10 years.
Will meet state of the
Art Service for the term
of the franchise.
" ~. ~.1-1
Item # 12
f //1)7
"
'{
.f:.
'-
. , ._ I '_____.___~~. .",_~__.'";' ~' :.........._...... :,'~ --....~ ~.- .: ., .,' . ..
-
C(J,!\
Clearwater City Commission
Agenda Cover Memorandum
\ .~ Item #
O\Mecting Date:
SUBJECT:
Petition for Future Land Use Plan Amendment and Zoning Atlas Amendment for 401 South Belcher Road;
Owner: Gerry Staring/Natalie Moyles, Trustee (2 96-02 & LUP 96-01)
RECOMMEN DATION/MOTION:
Approve the Petition for Future Land Use Plan Amendment to Commercial General, and Zoning Atlas
Amendment to General Commercial (CG) for M & B 23-11 in Section 18-29S-16E, and pass Ordinances
No. 5989-96 and 5990-96 on first reading.
[J and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE
CLASSIFICATION
General Commercial (CG)
Commercial General
~ This item was continued at the request of the applicant from April 18, 1996 to enable the
applicant to provide staff with an evidence that the Mobile Home Park (MHP) residents likely to
be affected in this rezoning have been notified in accordance with statutory requirements, and
that the applicant has relocation plans available for these residents. The applicant has complied
accordingly per his letters of March 26, 1996 and April 15, 1996 which are attached. Staff has
received six letters of objection from the MHP residents which are also enclosed.
~ State resident relocation requirements have been met as the applicant has notified all residents
within the park of the amendment and has identified alternatives for relocation.
~ The applicant wishes to rezone an existing 36 unit Mobile Home Park located approximately 1 60
feet north of Gulf-to-Bay Boulevard and east of Belcher Road. This is an area in the City that is
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
N/A
N/A
N/A
N/A
N/A
Originating Dept:
CENTRAL PERMITTING
Costs: $ N/A
User Dept:
$
Current Fiscal Yr.
slbni tted by:
City Manager
Advertised:
Date: 4/2/96 & 4/11/96
Paper: TAMPA TRIBUNE
o Not Requi red
Affccted Parties
~ Not i f i ed
o Not Requi red
FLniing Source:
o Capital Imp.
o Operating
o Other
Attachments:
ORDINANCES NO. 5989-96 &
5990-96
LOCATION MAP
APPLICATION
Appropriation code:
o None
o Printed on recycled paper'
Z 96-02 & LUP 96-01
Page 2
now developed and is appropriate to be redeveloped in a manner to provide community and
countywide commercial goods and services. The areas to the north, south and west of the
subject property are characterized by mostly commercial uses, with a medium density residential
use to the east. The subject property is presently zoned Mobile Home Park (RMH) and has a Land
Use Plan Classification of Residential Medium. It is proposed to rezone the property General
Commercial (CG).
.. The applicant is requesting a zoning change in order to allow a commercial type of development
not yet specified which will be compatible with the adjoining properties in the area.
.. The Future Land Use Plan Classification of Residential Medium would be changed to Commercial
General to conform with the Countywide Future Land Use Plan classification on adjoining
properties to the north, south and west of this property.
.. The properties to the immediate north of the property are in the County and have a Land Use Plan
Classification of General Commercial and a County zoning of Commercial, General Retail and
Limited Services. The properties to the west and south that are in the City have a Land Use Plan
Classification of Commercial General and a zoning of General Commercial (CG). The request to
rezone this portion of land to CG would be consistent with the surrounding land use patterns and
in character with the neighborhood, considering the existing commercial facilities in the area. The
area is in proximity to and with good access to major transportation facilities, including mass
transit.
.. The proposed rezoning will promote infill development and will foster a consolidated commercial
corridor for full spectrum of commercial uses within the area.
.. Pertinent information concerning the request is summarized in the table below and on page 3.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
IN CITY
LOCATION OR FUTURE LAND USE ZONING ACTUAL USE
COUNTY PLAN CATEGORY
Subject City Residential Medium RMH Mobile Home Park
Property
North County Commercial General C-2 Commercial, general retails &
limited services
South City Commercial General CG Commercial general
East City Residential Medium RMH Mobile Home Park
West City Commercial General CG Commercial general
Z 96-02 & LUP 96-01
Page 3
ZONING RESTRICTIONS
DESCRIPTION
. '" ..
'" . .. "..
,'"',"",,.,, CG ' ',","".,'.."..,','"
!.HkE().UIRgME~J-r$:::. REQUI:~ENTS
EXISTING
.." .., . ",.
........ ,,,... . ........ ..
,........... ........<,.....;,.';.........;. '.
. .... .
. . ....,.. ..
. . . . . . . . . . . . . .
Lot Area
.' ............. ", ...,... ....,.. . ....... '" ..
:,g~::y~,R~~~,l~Q:,.,',:,.::.:,:,:-.::,:::::, 9.5 u. p . a fo r
i,99t@~Zm9t~l:::q;Qn~:;:;,:::;r:'::' mobile home pa rk
10 acres min. for
mobile home park
area 13,500 sq.
ft. min. for
mobile home lot
200 ft. min. for
mobile home park
width/36 ft. for
mobile home lot
N/A
Density
88,862 sq. ft. m.o.1
Lot Width at
setback line
N/A
Depth
Floor Area
Rati 0
.. ........ .......... '" ...., ....
...................-........,:............'....,............. ......
.,::;i:l'.llj:;:I~::;:'ml,oJm:g:m':..j,'::.::':;,;! NI A
.... ....".....".. ............ ........ ........ .
.......................:.'............................,.............,.....,'.'.-....,...,..'.....'.'....,.,....',.,.,.....
.......,.....,....,. . ....,........... ..,.....",.....,.,.,.
[ll~ll..'I~l!ill,~~lllilJl'ill~lill NI A
N/A
N/A
.. The Planning and Zoning Board held a public hearing on this application on April 16, 1996
after which they unanimously endorsed the proposed Land Use Plan Amendment to
Commercial General, and Zoning Atlas Amendment to General Commercial (CG) to the City
Commission.
OTHER REQUIRED REVIEWS
AGENCY
YES
X
X
NO
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIA TIONS:
RHM Mobile Home Park (City)
C-2 Commercial, General Retail & Limited Services (County)
CG Commercial General (City)
Z9602.cc
ORDI~ANCE NO. 5989-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; AMENDING THE ZONING ATLAS OF THE
CITY BY REZONING CERTAIN PROPERTY LOCATED NORTH
OF GULF-TO-BAY BLVD" CONSISTING OF M&B 23-11,
SECTION 18 TOWNSHIP 29S, RANGE 16E, WHOSE POST
OFFICE ADDRESS IS 401 SOUTH BELCHER ROAD, FROM
RESIDENTIAL-MOBILE HOME TO GENERAL COMMERCIAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas 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; and
WHEREAS, the City Commission of the City of Clearwater hereby finds that the provisions
of Florida Statutes Section 723.083 (1995) have been met in that adequate mobile home parks or
other suitable facilities exist for the relocation of mobile home owners currently present on the
subject property; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1 ~ The above recitals are hereby adopted as Findings.
Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See Exhibit A attached. (Z96-02)
Zoning District
From: Residential-Mobile Home Park
To: General Commercial
Section 3. The Central Permitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~
163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
1
Ordinance No. 5989.96
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and legal
sufficiency:
Rita Garvey
Mayor~Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 5989-98
,
:\.
,
QRDlNANGE NO. 5990-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO
CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL
PROPERTY LOCATED NORTH OF GULF TO BAY BOULEVARD,
CONSISTING OF, M&B 23-11, SECTION 18, TOWNSHIP 29S,
RANGE 16E FROM RESIDENTIAL MEDIUM TO GENERAL
COMMERCIAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
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; and
WHEREAS, the City Commission of the City of Clearwater hereby finds that the provisions
of Florida Statutes Section 723.083 (1995) have been met in that adequate mobile home parks or
other suitable facilities exist for the relocation of the mobile home owners currently present on the
subject property; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The above recitals are hereby adopted as Findings.
Section 2. The future land use plan element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
See Exhibit A attached. (LUP96-01)
Land Use Category
From: Residential Medium
To: General Commercial
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to
~ 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ordinance No. 5990-96
Rita Garvey, Mayor-Commissioner
Approved as to form and
leg.al sufficiency:
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 5990.96
.:J..:o::-::..
LEGAL DESCRIPTION
That parcel of land lying and being in the County of Pinellas, in the State of Florida, more
particularly described as follows:
The South 550 feet of the West 1/2 of the West 1/2 of the SW 1/4 of the NW 1/4 of Section 18,
Township 29 South, Range 16 East, the West 33 feet of said parcel being subject to rights of
public in that certain thoroughfare or highway known as Belcher Road and the South 50 feet of
said parcel being subject to rights of public in that certain thoroughfare or highway known as Gulf
to Bay Boulevard.
LESS THE FOLLOWING PORTIONS THEREOF:
Begin at the SW comer of the NW 1/4 of Section 18, Township 29 South, Range 16 East, run
thence N 00008'02" W.. along the center line of Belcher Road, 50 feet; thence S 89040'55" E. .
along the North right-of-way line of Gulf to Bay Boulevard, 167.79 feet for a point of beginning;
thence North 00000'24" W.. 150 feet; thence S 89040'55" E, 150 feet; thence S 00000'24" E., 150
feet; thence N 89040'55" W., along the North right-of-way line of Gulf to Bay Boulevard, 150 feet
to the point of beginning, less and except existing right-of-way.
The West 168 feet of the South 200 feet of the West 1/2 of the West 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, less and except existing
road rights-of-way;
and
~
The west 98 feet of the North 30 feet of the South 230 feet of the West 1/2 of the West 1/2 of the
SW 1/4 of the NW 1/4 of Section 18, Township 29 South, Range 16 East, less and except
existing right-of-way.
Exhibit A to Ordinance
Ordinance No. 6990-96
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
J
OWNER: Gerry Staring, Tr
ADDRESS: 401 S Belcher Ad
LAND USE PlAN
FROM: Residential Medium
TO: Commercial General
ZONING
RMH
CG
z: 9~-o2 and LUP: 96-01
PROPERTY DESCRIPTlON,:
M&B 23-11 :
RIGHT-of-WAY:
ACRES: 2.04
ACRES:
ATLAS PAGE: 290A
PLANNING AND ZONING BOARD
SEe: 18 TWP: 29 S RGE: 16 E
CITY COMMISSION
.. . '.' -.- ----:-- --.- - - -_._-,- ;. .., :..' .".' : ' .
Address:c/o Thonas C. Nash, II, Esouire
P. O. Box 1669, Clearwater, FL 34617
Representative (if any): rrH()M~C:: ~ NJ\.qH. TT
.
Phone: (
441-8966
CITY OF eLE'
NATER ZONING ATLAS AMENDMEW 'f;'UCATION
Name of Property Owner(~ALIE MJYLES f. as Trustee of the Twin Palms Land Trust
Phone: ( ) 441-Rqhh
Legal Description of Property (Subject of Request):
see attached Exhibit A for legal
o. ...'", . .'
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General Location: corner of Gulf to Bay Blvd. and Belcher Road
Acreage:
2 . 6 acres MJL
Present Zoning District: resident:ial-rrnbile Requested Zoning District: ~ll'TTErical general
horre
Clearwater Comprehensive Land Use Plan Classification: re sidential-!. medium'
Pinellas County Comprehensive land Use Plan Classification: residential - nedium
Reason for .Request: so as to allow a use which is compatible ~th surrounninq
properties.
Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification?
Yes
No
x
NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required
to fife a corresponding application to amend the Land Use Plan.
Is the requested Zoning Distric:r in conformance with the PinelJas County Comprehensive Land Use Plan?
Yes
No
x
List any other pertinent information submitted:
Signature: ~~~ *!ci ~4a:~~e: 3/14/96
By Thomas C. Nash, P.O.A.
Revie~d by:
m;quEsTEU CLEARWATEn co~pnEIlENSl VB L.AND USE PL.^H CLASS I Fl CAT ION
comrercial general
---r--
LMW USE PLAN MIEH1HIEIIT -"lrpCATIOH
O^TE____________~--- _
UAm: or 1'1I0P&IlTY OWHtH(S:PlAT!T,m ~yg:.~, as_~~~~_~~_~_:iE~~Land TrUf
ADDI\ESS c/o Tl'omas C. Nash, II, Esquire P/lONE 441-8966
--P:--O. Box-rb~,--a:earwam , -n;~f7--- -----------
1tF.1'II~S[;NUTIVE (I F M1Y) ~C, ~c;B, TT ___________
^ODnt::SS__...E. O. Eo_~ 16~ Cle~te;.L_FL__.l.i~rL..___(lIlONr...J41=~966____
LE01ll. OEsen 1 PT ION OF JlIlOrEIlTY (SO DJ EeT OF n EQUEST) __________~__
see attached Exhibit A for legal
---------------------------------------------------------------.
GENERAL LOCATIOH corner of Gulf to Bay Blvd. and Belcher Poad .
.. -- ---------- ..-------
------ ------------------------------------------
-------- -------------------
^CnE^GE_~6 acres M:>L ___________________
PRESENT ZONING DISTnlC.r-.J:e.Sident.ia=.....IIObile ~ _________
nEquEsTED ZONING DISTIlICT__oo~cial qenefal_________~______________
Note: ^ SCI1ILute l\Jll,lJ.catioll is required if till! ~ol\ll\g dlsttlct Is .
proposed to be Changed.
PltESEHT CLEAnWATER CO~,pnEllF;HSlVE LAND USE PLM' CLASSIfICATION
__--.msi9!IDtia1 ,:-trediurn '_________
REMON FOn n~Q\JEST ~..9.LtQ.J!1l.9.ii.s- use which_is _coJll)atibl~_ with
~~~ding properties~ ________ __________.
rtHELLAS COUt-ITY CO.'PllEIIEHSIVE LMIO US!:: PLM'l CLM31FIChTIOH
residential - nobile hone
-- --------------------------
.15 TII~ REqUESTED L,.,llD USE C/\TEGOn'i IH CONrOnlW~CE IHTII TilE P1NE:LLhS
COUNTY LhND USB PLAN CLASSIFICATION? YES 'NO X
I ---- ---
Hote: . County Land Use PInn aroe"dme"ts requIre the approval or the
Plnel1ns County Plnnl\ing Council and the Stale or Florida
(Chapter 163 f.S.).
. Stnte Gro".th Mnl\A.g{lrnent t,ealsIntio" limits 1101\1 IIl>proval
;;.;~"d u.. r I." .m."d~"~. :' . b eA Cl', Comiiiriiro" '0 "'e. .
~~~~~ f0'1/-th-/M:
Natalie l-tJyles, as Trustee of The 'lWm
Palms Land Trust
By: Tl'oma.s C. Nash, POA
Revie\ooed by:
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
Gerry Staring, Tr
401 S Belcher Rd
LAND USE PlAN
Residential Medium
Commercial General
ZONING
RMH
CG
ATlAS PAGE: 290A
PLANNING AND ZONING BOARD
,..
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PROPERTY DESCRIPTION:
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SEe: 18 TWP: 29 S RGE: 16 E
CITY COMMISSION
2.04
813-442-8470 ~lACFRRLANE AUSLEY
742 P02
APR 15 '96 13:47
MA.CF.ARLANE AUSLEY FERGUSON & McMuLLEN
A"I"'rORNE:YS ANt:) COUNSELORS AT LAW
"00 CLEVEL^NO STREET
&27 SOUTH CALHOUN e1'Fn:C:T
P.O. BOX 3e. (ZIP ~e~o.!1
T....."'^~M&EE:. FI..ORIO^ 3il30'
(Q0.4, ZZA.QlllS FAX (~12il2'7~60
'1. Q, 1Il0X 1 e:&9 (ZIP :'4-:'1:r I
CL.E:...Rw....'l'eQ. ~l..~lllIC... ;J.OICl
(61314.AI.e9d6 F"M (al~14At:-047Q
III 'oI"'C11$ON STREET. GUITE .11.300
1t.0. .OX ll!i311ZIP 336011
T......IPA. 'I.~R'C'" 33602
18131 il7304200 FAX (AI:!I l:; 73.c1 396
April 15, 1996
IN REPL.V REFER TO,
tlearwater
Mr. Etim Udoh
Assoc. Planner
City of Clearwater
P. O. Box 4748
Clearwater, FL 34618
VIA FAX TRANSMISSION
Re: Twin Palms Mobile Home Park ;Rezoning
Dear Etim:
I am in receipt of your letter of April 12, 1996 relating to the above-referenced matter.
For the information of your staff, we have determined that numerous other mobile home parks
are available for the relocation of the residents of Twin Palms. The names of the parks and the
number of currently available sites are as follows:
Boulevard Mobile Home Park, 2266 Gulf to Bay, Clearwater, FL 33625
4 siteS available (Rent $286.00 per month)
Westshore Mobile Home Park, 2105 Gandy Boulevard, Tampa, FL
6 or 10 sites available (Rent $210.00 per month)
Hillcrest Mobile Home Park, 2346 Druid Road, Clearwater, FL
4 sites available (Rent $294.00 per month)
Satellite Mobile Home Village, 6250 Roosevelt Blvd.. Clearwater, FL
S sites available (Rent $254.00 per month)
Clearwater Trailer City, 1650 Clearwater Largo Rd., Clearwater, FL
2 sites available (Rent $190.00 per month)
Crystal Lake Mobile Resort, 9301 49th St. N., PineUas Park, FL
4 sites available (Rent $240.000 per month)
New Ranth, 2291 Gulf to Bay Blvd., Clearwater, FL
3 sites available (Rent $215.00 per month)
813-442-8470 MACFARLANE AUSLEY
742 P03
APR 15 '96 13:47
AVril 15, 1996
Page 2
Of the total number of residents in the park, only 8 are mobile home "owners" pursuant
to Florida Statute 723.003(5). We have had preliminary discussions with a number of these unit
owners concerning how we will handle their relocation pursuant to Florida Statute 723.061(d).
Our tentative plan is to purchase the majority of the units based on the formula set forth in the
statute. If there are individuals who do not wish their units purchased, we will pay to have the
units relocated as called for in the statute.
I hope this letter is responsive to your recent inquiry and please call me if you have any
questions or need further information.
TCN/skb
cc: Client
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MACFARLANE AUSLEY FERGUSON & McMULLEN
ATTORNE:YS AND COUNSE:LORS AT LAW
2Z7 SOUTH CALHOUN STREET
P.O. BOX 3lJ' CZIP 323021
TALLAHASSEE. FLORIDA 32301
(90<4' 22<4-911& FAX 1904' 2Z2.7580
400 CLEVELAND STREET
p, O. BOX '669 (ZIP 3<4el71
CLEARWATER. FLOR'DA 34615
1813) 441.a966 FAX la'314<4Z.S<470
III MADISON STREET. SUITE Z300
P.O. BOX 153' (ZIP 336011
TAMPA. FLORIDA 33602
(813' 273~2oo FAX le'31 273~3lJe
March 26, 1996
IN REPLY REFER TO:
Clearwater
Mr. Etim Udoh
Assoc. Planner
City of Clearwater
P. O. Box 4748
Clearwater, FL 34618
VIA HAND DELIVERY
Re: Natalie Moyles. as Trustee of the Twin Palms Land Trust
Dear Etim:
Pursuant to your request, this letter will confrrm that al) individuals owning mobile homes
in the Twin Palms Mobile Home Park have beeii-notifiedthai~the application for zoning change
now pending with the City of Clearwater pursuant to Florida Statute 723.081. All of these
individuals were given written notice of the filing of the zoning application pursuant to statute.
Please call me with any questions or if you need ~ything further upon receipt of this
letter.
.~~~!~~
CENTRAL PERMITTING
CITY OF CLEARWATER
Thomas C. Nash, IT
TCN/skb
H:\DA T A \A TY\TCN\MOYL.ES\CITY.L TR
401 S. Belcher Rd. Lot #127
Clearwater, Fl. 34625
April 12, 1996
City of Clearwater
Central Permitting Department
Attn: Mr. Etim Udoh
P.O. Box 4748
Clearwater, Fl. 34618-4748
Dear Mr. Udohi
"
I object to the rezoning of Twin Palms Trailer Park. This has been
my residence for over three years. I am an unemployed single
parent with a five year old son and on assistance. I borrowed
approximately $7,000 from my mother to purchase this home and fix
it up so my son and I'would have a place to live. I have no where
else to go. This home cannot be moved and I do not have any
financial resources to be able to move. I sti11 have to pay my
moth~r back the money she lent me.
This is a very good residential area, qrose to any shopping,
right next to the bus stop. The owner#:has brought in several
nice, used mobile homes and is.(ixing t~m up as rentals. I am very
h~ppy wi th the park, it is a gOOd place'~ho raise my son wi th other
children for him to play with. The~e is a live-in park manager
who takes care of any problems when they arise.
Please keep me advising of what is going on with this sutuation.
", ,
Sincerely;
'~il)l~
Veronica Mayne
cc: Mayor Rita Garvey
Mr. Don Hazelton, District 2B President, FMO
1~~~~~6~W
CENTRAL PERMITTING
CITY OF CLEARWATER
..'
o l@mllW~~
APR 1 Z 1996
CENTRAL PERMITTING
CITY OF CLEARWATER
401 s. Belcher Rd. Lot #120
Clearwater, Fl. 34625
April 9, 1996
t(Q)~V
City of Clearwater
Central Permitting Dept.
Attn: Mr. Etim Udoh
P.O. Box 4748
Clearwater, Fl. 34618-4748
Dear Mr. Udoh;
I object to the rezoning of Twin Palms Trailer Park. I am
91 y~ars old and in very good health. This has been my home
since 1982 and I enjoy this home and the independence it gives me.
Several years ago, I had to share my 1l9me ,.wi th another person
to share expenses due to inflation of ,~osts. Neither one of us
can afford to move and this wo~ld be financial disaster to both
ot us. This park is a perfectl~~siden~!al location with other
parks around, one even adjoining us to fhe east.. I can ride my
tricycle to get anything I need with the Post Office, Social
Security Office, banks, stores, etc. all right here. The bus even
stops on the corner.
,~
The owner has brought in many very nice, used mobile homes and
is fixing them up into very nice rentals. He has also fixed up
the trailers he has purchased from previous residents and rents
them. The owner also has a live-in manager here in the park who
takes care of any problems when they arise. I am very happy with
this trailer park and want to continue living here.
Please advise me of the date and time of the rezoning hearing
so that I mivht attend.
Very truly yours,
EL, a.ktt:;J3 <<i<~;v/
Elizabeth BAker
cc: Maypr Rita Garvey
Mr. Don Hazelton, District 2B President, FMO
401 S. Belcher Rd. Lot #129
Clearwater, Fl. 34625
March 31, 1996
(c(Q)fJY
City of Clearwater
Central Permitting Dept.
Attn: Mr. Etim Udoh
P.O. Box 4748
Clearwater, Fl. 34618-4748
Dear Mr. Udoh;
My husband, Wendell, and I object to
Twin Palms Trailer Park as this has
33 y~ars and all we have is in this
over' $14,000 adding an attachment.
loan on this home.
the rezoning of
been our home for over
home. In 1982, we spent
We still have a $8,700
;
It would be impossible to move ..our home. and we 1fi11 10se everytbing
w~ have in it. We are very ha~py with ~he park. The owner has
moved in five or six very nice, used trailers and is fixing them
up and has also fixed up other trailers he has bought from
previous owners. There is a live-in manager in the park who takes
care of any problems that arrise immediately. This is a very
good location to live with easy access to stores and right by the
bus line. Boulevard II MHP adjoins to the east of us which is a
very large mobile home park. This is an excellent residential area.
Please advise when the hearing date and time will be.
Thank you.
Yours truly,
-/ l~;!
Madelene L. Casper
cc: Mayor Rita Garvey
Mr. Don Hazelton, District 2B President,
I~~~~~~rm
CENTRAL PERMlrrlNG
CITY OF CLEARWATER
401 S. Belcher RD. Lot #132
Clearwater, Fl. 34625
(CQ)~1r
City of Clearwater
Central Permitting Department
Attn: Mr. Etim Udoh
P.O. Box 4748
Clearwater, Fl. 34618-4748
\
i
i
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Dear Mr. Udoh:
I object to the rezoning of Twin Palms Trailer Park. I have
lived here over 11 years. Everything I have is tied up in
this home. I cannot move this mobile home. I was out of work
for some time which has been a real financial burden on me. I
am now working as many hours as I can arid this location is'
centrally located for me.
I am'very happy with Twin Palms Trailer Park. The owner has a
live -in manager here and is moving in sev~ral used, but very
nice, trailers and is fixing up others~pe has bought from
previous residents. This locat~on is a~. excellent residential
location with other mobile hom~-parks right around'here, easy
acicess to stores, the Post Office, Social Security Office, and
the bus line.
Please advise me when the rezoning hearing is to be held.
,
Don Gilmour
cc: Mayor Rita Garvey
Mr. Don Hazelton, District 2B President, FMO
'.
.
~~~~!~~
CENTRAL PERMITTING
CITY OF CLEARWATER
'-/ I ) (p ) qlo
PZb~,
401 S. Belcher Rd. Lot #138
Clearwater, Fl. 34625
March 28, 1996
City of Clearwater
Central Permitting Department
Attn: Mr. Etim Odoh
P.o. Box 4748
Clearwater, Fl. 34618-4748
~(0'JgfYl
\LJ) \(j) U U
Dear Mr. Udoh:
In the name of the Twin Palms MHO Association, we wish to
object to the rezoning of Twin Palms Trailer Park because
we fear that if this park is rezoned, there is a good chance
that the park will be closed soon after. As none of our members
can afford to move, this would be a dire hartship on everyone.
.'
The owner has a full-time, live-in manager here at Twin Palms
who takes immediate action if anything needs done. The owner
also has brought in several nice, used trailers, fixing them up
as well as other trailers he purchased from previous owners/
residents. We are very happy with the way Twin Palms Trailer Park
is improving. This is a very good living area for people with
access to stores and bussing right by.
Please notify us of the date and time of the rezoning hearing.
Yours truly,
Michael Munsel1, President
Phone - 726-0434
Twin Palms MHO Association
cc: Mayor Rita Garvey
Mr. Don Hazelton, District 2B President, FMO
I~~~~!~W
CENTRAL PERMITTING
CITY OF CLEARWATER
. .
- . .
, .
9 Ie!). sf'?,
g~TRAL PERMITTING
OF CLEARWATER
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June 5, 1996 3:46 pm
City Commission
City of Clearwater
Re: TWIN PALMS MOBILE HOME PARK
Dear Commissioners:
We have resolved our differences with the park owner of Twin Palms
Mobile Home Park. Tharefore~ this letter is to inform you that the
opposition to the rezoning of the ~lin Palms Trailer Park is now
withdra.wn.
~
t:aJ3<- ~
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MICHAEL MUNSELL
PRESIDENT, TWIN PALMS MHO ASSOCIATION
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May 30, 1996
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City of Clearwater
City Commission
P.O. Box 4748
Clearwater, FL 34618-4748
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Dear Commissioners,
I am removing my objection to the rezoning of the Twin Palms MHP. Currently I am working
with Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you
for your interest in this matter. .
Sincerely,
/
Madeline Casper
401 S. Belcher Rd. #129
Clearwater, FL 34625 ,
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May 30, 1996
City of Clearwater
City Commission
P.O. Box 4748
Clearwater, FL 34618~4748
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Dear Commissioners)
I am removing my objection to the rezoning of the Twin Palms MHP. Currently I am working
with Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you
for your interest in this matter.
Verollica Mayne
401 S. Belcher Rd. # 127
Clearwater, FL 34625
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May 30, 1996
City of Clearwater
City Commission
P.o. Box 4748
Clearwater, FL 34618-4748
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I am removing my objection to the rezoning of the Twin Palms MAP. Currently I am working
with Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you
for your interest in this matter.
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Dear Commissioners,
Sincerely,
Karen Jennings
401 S. Belcher Rd. #126
Clearwater, FL 34625
...
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May 30, 1996
City of Clearwater
City Commission
P.O. Box 4748
Clearwater, FL 34618-4748
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I am removing my objection to the rezoning of the Twin Palms:MHP. Currently I am working
With Representatives of the Twin Palms Land Trust to satisfactorily meet my needs. Thank you
for your interest in this matter.
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Dear Commissioners,
Mike Munsell
401 S. Belcher Rd. Lot 135 and 138
Clearwater, FL 34625
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See Agenda Drawings
#12 6-6-96
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Clearwater City Commission
Agenda Cover Memorandum
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Item #
Meeting Date:
&. G.'1~
SUBJECT:
~ Petition for Zoning Atlas Amendment for Storz Ophthalmics, Inc., Park Place; Owner: Storz
Ophthalmics, Inc./Del American Properties & Lecesse Development Corporation/Timothy A. Johnson,
Jr. Esquire (Z 96-03)
RECOMMENDA TI ON/MOTION:
~ Approve the Petition for Zoning Atlas Amendment to Residential Planned Development "Sixteen"
(RPD-16) for Lots 2 and 3, less portion of Lot 2 which is zoned "Preservation", Storz Ophthalmics, Inc.,
Park Place Development of Regional Impact (DRI), and adopt Ordinance No. 6029-96 on
second reading.
~ Approve the Final Site Plan for the Grand Reserve, subject to the final conditions listed on pages three
and four.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
PROPOSED ZONING DISTRICT
Residential Planned Development "Sixteen"
(RPD-16)
Not Applicable
PROPOSED FUTURE LAND USE
CLASSIFICA TION
~ This request is for Residential Planned Development zoning for a 27 acre parcel in the Park Place
Development of regional Impact (DR!) located between Gulf-to-Bay Boulevard and Drew Street just
east of US 19. Under the proposal, 390 apartment units will be constructed. Because the
property exceeds 25 acres, City Commission approval of the plan is required.
Reviewed by:
Legal N/A
Budget N/A
Purchasing N/A
Risk Mgmt. N/A
CIS N/A
ACM
Originating Dept:
CENTRAL PERMITTING
, -<..
:::; ..-'
Costs: $ N/A
Total
User Dept:
$
Current Fiscal Yr.
commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
SWnitted by: .- ~
City Manager ~ ~
Advertised:
Date:
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
~ Noti fied
o Not Requi red
FtRling Source:
o Capital Imp.
o Operati ng
o Other
Attachments:
ORDINANCE NO. 6029-96
LOCATION MAP
APPLICATION
Appropriation Code:
o None
r.
,.... printed on r
ecycled paper
" "........ 1~'" K'''~:_~,~ ...--.---.-~-~.._.-....:... ~''''''- -', ',' J ,'_' ',' ".~~' :', . "'~ '_ i)Ii;; ,.., .
Z 96-03
Page 2
. In our initial discussions concerning this project, staff established the following goals:
1 . Complete the construction of Park Place Blvd. between Drew Street and Gulf-to-Bay
Boulevard.
2. Create a pedestrian environment th~:lt facilitated foot traffic between the various DRI
uses and surrounding land uses including Clearwater Mall, the Drew-19 Shopping
Center and Eisenhower Elementary School.
3. Protect and preserve important environmental features in the project.
4. Create a "high end rental" residential environment for which there is a strong market.
. These goals have been met under the proposed site plan. Park Place Blvd. will be completed by
the applicant prior to any certificates of occupancy (CO'S) for any of the apartment buildings.
The proposed pedestrian design, including sidewalk construction, allows for an acceptable balance
between access to surrounding uses and on-site security. The site environmental features will
be preserved and augmented. The site design and type of construction proposed by the applicant
signal an exclusive rental development of the award-winning Bayside Arbors variety.
. Staff is particularly excited by the potential of this project to establish a "village" atmosphere for
the park Place DRI. It offers the opportunity for a City resident to live, work, shop, attend school,
and recreate in a relatively small area, all within walking distance. A mass transit "shop" will also
be provided by the applicant.
. No land use plan amendments are immediately needed pursuant to this development, but prior to
the final CO'S for the project, the applicant will be required to submit requests for amending the
land use plan to reflect the residential area being created and the preservation areas being more
clearly defined.
. The project is consistent with the development order for the Park Place DR!.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
LOCATION IN CITY FUTURE LAND USE ZONING ACTUAL USE
OR PLAN CATEGORY
COUNTY
Subject City Residential/Office OG, CC & Vacant
Property General P
North City Residential High RM-16 Apartme nts/Man ufacturing
South City Commercial General CC,CG Vacant & Office Retail
East City Limited Office & RD, A-E, Residential & Mobile Home Park
Residential Urban MHP
West City Residential High, RM..24, CC Apartments, Water Tower &
Office/Retail & P/SP Vacant
ABBREVIATIONS: RM-16 =- Multiple-Family Residential" Sixteen" (City); RM-24 = Multiple-Family
Residential "Twenty-Four" (City), P/SP ::: Public/Semi-Public (City); MHP = Mobile Home Park (City); CC
::::: Comolercial Conter (City); OG = General Commercial (City); P = Preservation (City); RD ::::: Residenlial
Development (City); A-E = Agricultural Estate Residential (County); u.p.a. ::::: residential units per acre
. ' ~_e\ .~ ~ :"1" :-._~~.. .... --.: --:-:- ""," ,""'...... ~'.. .., -,_ f".'
Z 96-03
Page 3
.. The Planning and Zoning Board held a public hearing on this application on May 7, 1996 after
\vhich they unanimously endorsed the proposed Zoning Atlas Amendment to Residential Planned
Development "Sixteen" (RPD-16) to the City Commission.
OTHER REQUIRED REVIEWS
AGENCY
YES
X
NO
Development Review Committee (DRC)
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
X
X
.. The DRC recommends approval of the Final Site Plan, subject to the following
comments/co nditions:
A. Before the Site Plan can be certified, the applicant must complete the following action(s):
1. Show on the site plan the installation and maintenance of uniform traffic control
devices at appropriate locations in accordance with the standards set forth by the
Manual on Uniform Traffic Control Devices as adopted by the Florida Department of
Transportation under Rule 14-115.010, Florida Administrative Code.
2. Show all pavement markings and signage on the site plan.
3. Show all striping, pavement markings, signage and traffic control devices on the site
plan conforming to F.D.O.T. Standard Indices-1995 edition and F.A.C. 14-110 (no
4" striping is to be shown).
4. Add three additional landscaped islands in lieu of parking.
5. Add a note that advises that off-site street and roadway detail are provided for
information only.
B. Before the City can issue building permits, the applicant must complete the following
actions:
1 . Obtain and furnish evidence of all applicable permits from other governmental
agencies including but not limited to :
a. SWFWMD permit to Clearwater Environmental Management;
b. Pinellas County Public Health Unit Permit, Ingress/Egress and a 10 foot Utility
Easement over the proposed water mains up to and including meters, backflow
prevention devices and hydrants.
2. Pay the sewer impact assessment fee, based on the size of the water meter with
assistance in determining the fee from Central Permitting/Licensing Specialists.
3. Acquire clearing and grubbing and tree removal permits or a no tree verification form
from Environmental Management.
C. Before the City can issue a Certificate of Occupancy, the applicant must complete the
following actions:
1 . Bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the
project up to standard, including ADA, and install sidewalk where none exists in the
street right-of-way.
2. Have the City install backflow prevention devices at each building with the
owner/applicant paying all applicable fees.
3. Furnish as-builts and an engineer's certification to Engineering Services.
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Z 96-03
Page 4
~.~::'
D. Complete the following actions as indicated:
1. Obtain the requisite building permits within one (1) year from the site plan
certification date to prevent expiration of the site plan certification.
2. Obtain the requisite certificate(s) of occupancy within three (3) years of the site plan
certification date to prevent expiration of the site plan certification.
3. Obtain review of and permits for signs and fencing/walls through separate review and
permitting procedures.
Z9603.cc
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CITY OF CLEARWATER ZONING ATlAS AMENDMENT APPUCATION
"
Name of PrORertY. Owner(s): STORZ OPHTIlALMICS, INC., a Delaware corporation
C/O American Gyanamid Company
Address: One Cyanamid Plaza Phone: ( 201-831-2422
Wayne, NJ 07470
Representative (if any): TIMOTHY A. JOHNSON. .TR.. F.~ClTTTRF. Phone: ( ) R 11-4'; 1 -1 R 18
Legal Des~iption of Property (Subject of Request):
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN.
General Location:
LOCATED WITHIN PARK PLACE DRI
Acreage: APPROX. 27 ACRES
LOT 2 - OG
Present Zoning District: LOT 3 - OG and CC
Requested Zoning District: RPD-16
LOT 2 - R/O/R and R/OG
Clearwater Comprehensive land Use Plan Classification: LOT 3 - R/O /R and CG
Pinellas County Comprehensive Land Use Plan Classification: ~~mp
Reason for Request:
SEE EXHIBIT liB" ATTACHED HERETO AND INCORPORATED HEREIN.
.
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Is the requested Zoning District in conformance with the Clearwater
CENTRAL PERMITTING
1fJ\6Se.'Ai"ri,3Riss ication?
Yes
x
No
NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required
to file a corresponding application to amend the Land Use Plan.
Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan?
.
Yes
x
No
Ust any other pertinent information submitted:
SEE EXHIBIT "B" ATTACHED HERETO ANn
INCORPORATED HEREIN.
Signature.
Date: 4/3/96
REPRESENTATIVE
Reviewed by:
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PROPOSED REZONING
OWNER: Storz Ophthalmics, Inc.
APPUCANT: Del American Properties and Lacasse
Development Corporation
Z:~
: Park Place, Lots 2 & 3,
bounded by Drew Street on the north and lying on the
east and west side of Park Place Boulevard.
mw.rni
FROM: OG and CC
TO: RPD.16
ATLAS PAGE: 291 A SEe: 17 TWP: 29 S RGE: 16 E
~::""PiANNI'NG'?AN:D::'ZON:'NG~.8OARD::'.:::.'::,::::.M'a~':.'7~:::'.1:99:6:~"',.":'::::::,~::',:':::::::.::~~1;:::qlmj[caM~..a~~~!11:.i~i;j;~t;[:;1;!i6:j;;':""';' "
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QBDlliANCE NO. 6029-~6
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING A CONCEPT PLAN AND AMENDING THE ZONING
ATlAS OF THE Cln' BY REZONING CERTAIN PROPERTY
LOCATED BETWEEN GULF-TO-BAY BOULEVARD AND EAST
OF DREW STREET JUST EAST OF U.S. 19, CONSISTING OF
LOTS 2 AND 3, LESS PORTION OF LOT 2 WHICH IS ZONED
.PRESERVATION- WHICH CONSISTS OF 2.3 ACRES, STORZ
OPHTHALMIC, INC. PARK PLACE, FROM GENERAL
COMMERCIAL (CG) AND COMMERCIAL CENTER (CC) TO
RESIDENTIAL PlANNED DEVELOPMENT .SIXTEEN- (RPD-16);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission has reviewed a concept plan for the proposed project in
accordance with Code of Ordinances Section 40.261, and finds it sufficient; and
WHEREAS, the amendment to the zoning atlas 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 CllY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The attached Concept Plan for the proposed project is hereby approved. The
following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the
City is amended as follows:
property
Lots 2 and 3. less portion of Lot 2 which
is zoned .Preservation" which consists
of 2.3 acres, Storz Ophthalmic. Inc. Park
Place. (Z96-03)
Zoning DistriQ
From: General Commercial (CG) and
Commercial Center (CC)
To: Residential Planned Development
.Sixteen. - (RPD-16)
Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
S-\(O.C\&,
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6029-96
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PROPOSED REZONING
l.QNING
z: aa:ga
~TY mk8IPTlQ1t: Park Place, Lou 2 & 3, t
bounded by Drew Street on the north ancllying on the ,
east and west aide of Park Place Boulevard.
t
OWNER: Storz Ophthalmics, Inc.
APPUCANT: Del American Properties and Lecesse
Development Corporation
FROM: OG and CC
TO: RPD-18
ATLAS PAGE: 291A
see: 171WP: 29 S RGE: 18 E
cr~
Clearwater City Commission
Agenda Cover Memorandum
\ L~
(;.~ 'C)y
I tern #
Meeting Date:
SUBJECT:
Petition for Future Land Use Plan Amendment and Zoning Atlas Amendment for certain real properties
located east of Greenwood Avenue; Owner: Fusco Management Corporation
(Z 96-05 & LUP 96-03)
RECOMMENDA TION/MOTION:
Approve the Petition for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment
to Public/Semi-Public (P/SP) for Lots 5,6,7,8,9 and 10, Georgas Subdivision, and vacated portion of
Eugenia Street and M&B 21-05 in Section 22-29S-15E, and pass Ordinances No. 6032-96 and 6033-96
on first reading.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE
CLASSIFICATION
Public/Semi-Public (P/SP)
Institutional
~ This application covers six parcels of vacant lots which are contiguous to Belleair Elementary
School site. These lots are placed under contract for purchase by the School Board of Pinellas
County. The School Board needs additional space for the expansion of the existing school
playground, and intends to combine these lots with its adjacent property {Belleair Elementary
School} to the east which is zoned Public/Semi-Public. These lots are located in the City east of
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Pinellas Street and approximately 330 feet east of Greenwood Avenue. The subject lots are
presently zoned Multiple-Family Residential "Twelve" (RM-12) and have Land Use Plan
Classification of Residential Medium. The RM-12 zoning district does not permit schools or
playfields. It is proposed to rezone the property Public/Semi-Public.
~ The Future Land Use Plan Classification of Residential Medium would be changed to Institutional
to conform with the Future Land Use Plan for the east property.
Reviewed by:
Legal N/A
Budget N/A
Purchasing N/A
Risk Mgmt. N/A
CIS N/A
ACM
Originating Dept:
CENTRAL PERMITTING
SS
Costs: $ NfA
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dcpt:
$
Current Fiscal Yr.
SWnitted by: ~/__
City Manager~"'-::> "/ ~...(
Advertised:
Date:
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
18I Notified
o Not Requi red
Flnding Source:
o Capital Imp.
o Opcrat i ng
o Other
Attachments:
ORDINANCES NO. 6032-96 &
6033-96
LOCA TI ON MAP
APPLICATION
Appropr i at i on Code:
o None
..~
.....,. Pr i nted on r
ecycl ed paper
Z 96-05 & LUP 96-03
Page 2
~ The properties to the north and west have a Future Land Use Plan Classification of Residential
Medium, and are zoned Multiple-Family Residential "Twenty-Eight" (RM-28) and Multiple-Family
Residential "Twelve" (RM-12) respectively. The properties to the east and south have Future Land
Use Plan Classification of Institutional and Residential Medium, and zoning of Public/Semi~Public
(P/SP) and Commercial Center (Ce) respectively. The proposed Future Land Use Plan and zoning
Atlas Amendments are being requested to permit the proposed expansion. The size for the
combined lots is 2.72 acres. The school site contains approximately 8 acres and this land is being
acquired to add to the existing school property in order to meet the current and future educational
needs of the community and school. The proposed amendments would be an expansion to the
existing Public/Semi-Public district to the east. The proposed playground will be accessory use
to the existing school property and no conditional use approval will be required. The agreement
for the purchase of the subject lots is contingent upon approval of the land use plan and zoning
atlas amendments from the City to assure that these lots are usable for school purposes.
Pertinent information concerning the request is summarized in the tables below and on page 3.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
LOCATION
IN CITY
OR
COUNTY
FUTURE LAND USE
PLAN CATEGORY
ZONING ACTUAL USE
Subject
Property
North City
City
Residential Medium
RM-1 2 Vacant lots
South City
East City
Residential Medium RM-28 Multiple-family residential
Residential Medium RM-12 Multiple- family residential
Institutional & P/SP & Belleair Elementary School &
Commercial General CC Sunshine Mall
Residential Medium RM-1 2 Multiple-family residential
West City
ZONING RESTRICTIONS
DESCRIPTION
RM-1 2
REQUIREMENTS
."~g~~.Mil'~~~~!.
EXISTING
Density
11.5 u.p.a.
maximum
Vacant lots
80 ft. minimum
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:2+~>~~O,~qj<ft.Oj: 118,483. 2 sq. ft.
:JUioX<,:<:,::,'><:: (combined lots)
11 8 feet
Lot Area
10,000 sq. ft.
min.
Lot Width at
setback line
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>1..0"0"/1. ,t}(m"""':.l'n<,::.'m".':<'u:::'m"':"'< 333 feet (average)
:-.... ..... ,... .'.'.'. '.. .~ .....:.. .... :......;. :.... ..' . ..': ".
Depth
1 00 ft. minimum
~ The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after
which they unanimously endorsed the proposed Land Use Plan Amendment to Institutional, and
Zoning Atlas Amendment to Public/Semi-Public (P/SP) to the City Commission.
~. ~ . - -- -: --. ,/ - -, - ~
AGENCY
YES
X
X
NO
'); ,~
Z 96-05 & LUP 96-03
Page 3
OTHER REQUIRED REVIEWS
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS: RM-12 = Multiple-Family Residential "Twelve" (City); RM-28 = Multiple-Family
Residential "Twenty-Eight" (City), P/SP = Public/Semi-Public (City); CC = Commercial Center (City);
u.p.a. = residential units per acre.
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z9605.cc
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CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION
\ . .
Name of Property Owner(s): F us coM ~ n a.r; e l!1 e n t Cor par a t ion
06511
Address: 555 Long Wharf Drive,New Haven, CT Phone: (
?03-171-7451
- -
Representative (if any): ,J im Miller
Phone: $1 3) 541-7286
Legal Description of Property (Subject of Request): 22-29-15-30654-000-0050 and
22-29-15-00000-210-0500 see attached le~al description and sketch
General location: Vacant parcel cnnt::!i ni ng ;> 1;> ::!rroq Mn{ located on Pinellas Stre~t,
east of S. Greenwood AVentlp., c()nt.;gllrl1l~ t-n tho BE'lJpt=lir Element-ary School
site and Sunshine Mall
Acreage: 2 12 MOL
Present Zoning District: RM-12 Requested Zoning District:P/SP Public Semi-Public
Clearwater Comprehensive land Use Plan Classification:
Residential
Pinellas County Comprehensive Land Use Plan Classification:
Reason for Request: The land is beinp: purchcsed by the School Board of Pi nel 1 aR
County for expansion of the Belleair Elementary School site to meet the
future educational needs.of the community Rnd school.
Is the requested Zoning District in conformance with the Clearwater Comprehensive land Use Plan Classification?
Yes
No
'l
NOTE: If the requested zone change is not consistent with the City's land Use Plan, the applicant will be required
to file a corresponding application to amend the Land Use Plan.
Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan?
Yes
No
Ust any other pertinent information submitted: The parcel of land' is under con tract for
Durchase subiect to approvRl of the land use and zonin~ chan~e
1
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Signature: lhJrM~ II ~
Reviewed by:_
Date: if- . 2 l.f - I ff6
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DATE___~!gJL~~_____________
IMUE or pnOPEnn OIIfER (S) .-E.~.M..!!l.w.L.cgl:UQf~t10!l___________
ADOR ESS _ 222-bgne.J:!~rf Jl.~:.Jl.!!!.1!.~.!!.J-9'~l_____I'IIOH &~(nL~l1:: 7 4~L
aC:l'nESC/lTATIVE (I' ^HY) ~-,-~j~.=U::SL2Lf1D.!:lla:U~.Q!!!l~_
^Doness 11111 S. Belcher Rd.. lnrro. FL 34643 1'11014& 813-547 -1286
- ----"-------------- --------
L~~~~ DESCRIPTlO/l Of' l'ltOrEltn' (SUOJ&CT or REQUEST) 22-29-15-30654-000-0050
" ------------
" and 22-29-15-00000-210-0500
- -~-..........-.-..--------
--------------------------
-----------------------------------------.
\
CENtRAl. LOCATlOtf'yacant parc~C!!l~t'2.!.n~L..2.ges MOL !9~S~n
Pinellas Street , east_ of S. GreenwooC! Ave. ._~i~~_19_,!:l1!:..~!:H!:!!!.!:.._
Elementary School site and Sunshine Mall
-- -----------------
ACnEAGE_-2-:/2.lmI-__________ _________
~nESEHT ZOHING OlsrRICT___ RM:'2_____________________________________
REQUESTED ZONING DISTRICT P/SP Public Semi-Public
---- ------------------
Not.: A .e~arat. application i. required If thv zonine district I,
proposed to be chanled. ;.
pnSSEHT CLEARWATER cOUpnEIIF.HSIV& LAND USE PLAN CLASSlFICATIOIl.!!~.!9~:.:
--------------
REQUESTED CLEARrATER COLlPREIIEHSIVE LAND USE Pl.AH CLASS I nCATION
---,..-
I-Institut1onal
-----------------
REASON FOR nEQUEST-Iht~~j~~~ purchase~~~~~o)~~__
~lnell!s.County for expa~slon of t~~~~~~~entary S~~]~~__.
meet. the current and future educat1ona~~=~or the ~~~!y and
school.
---------------------------.
PINELL^8 COUffTr COi,pnEIIEHSIVE LAIID USE PLA" Cl.Ar3lFlCAT10H
-------
------------
.IS TUE REQUESTED L,\IID IISE C~lEC;OnY IN COHfORiIANCE flTII TilE PINELLAS
CO~ITY LAND US! PLAN CLASSIFICATION? YES~_ NO______
)lote:
· Count, Land U.. rlan a~."dm.nt. require tbe approval of the
Plnell.. COUDty Planniol Council and the State of Florid.
(Chapter 163 r.s.).
. ~
. State Growth Uan'lc~.nt Lelislation lSNit, I1nal npproval
of Land Use rhn ...ndlll,"ts b, tbe CHy Comiitiiton to t.ic. a
fUr. . ~~__-:-
~eviu..d br:_______________________
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ORDINANCE NO. 6Q;J2-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND
USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED
EAST OF GREENWOOD AVENUE, CONSISTING OF LOTS 5, 6,
7, AND PARTS OF LOTS 8, 9, & 10, GEORGAS SUBDIVISION,
AND VACATED PORTION OF EUGENIA STREET AND M&B
21-05 IN SECTION 22, TOWNSHIP 29S, RANGE 15E FROM
RESIDENTIAL MEDIUM TO INSTITUTIONAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
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 1. The future land use plan element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
land Use Category
See Exhibit A attached. (LUP 96-03)
From: Residential Medium
To: Institutional
Section 2. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~
163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
~~.X~~
eslie K. [3ouga -Sid s
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No.6032-96
LEGAL DESCRIPTION
Lots 5, 6,7,8,9, 10 and that part of vacated Eugenia Street adjoining
Lots 6 through 10, inclusive, according to the map or plat thereof of
Georgas Subdivision, recorded in Plat Book 45, Page 20, public
records of Pinellas County, Florida, and a portion of the NE 1/2 of the
NW 1/2 of Section 22, Township 29S, Range 15E, Pinellas County,
Florida, described as follows:
Commence at the Southwest comer of the Northeast 1/2 of the
Northwest 1/2 of Section 22, Township 295, Range 15E, and run N
000 01' 41" W, a distance of 225.64 feet; thence run S 890 07' 35" E, a
distance of 30.00 feet to the P.O.8.; thence run N 000 01' 41" E, a
distance of 191.36 feet; thence run S 890 03' 49" E, a distance of
396.12 feet; thence run N 000 07' 35" W, a distance of 193.78 feet;
thence run N 890 03' 49" W, a distance of 60.00 feet; thence run N 000
07' 35" W, a distance of 133.72 feet; thence run N 890 03' 49" W, a
distance of 22.50 feet; thence run N 000 07' 35" W, a distance of
117.50 feet; thence run S 890 03' 49" E, a distance of 322.50 feet;
thence run S 000 07' 35"E, a distance of 650.91 feet; thence run N 890
07' 35" W, a distance of 231.67 feet; thence run N 000 01' 41" W, a
distance of 20.00 feet; thence run N 890 07' 35" W, a distance of
225.00 feet; thence run S 000 01' 41" E, a distance of 4.67 feet; thence
run N 890 07' 35" W, a distance of 180.00 feet; to the P.O.B.,
LESS AND EXCEPT THAT LAND DESCRIBED AS:
Commence at the Southwest comer of the Northeast 1/2 of the
Northwest 1/2 of Section 22, Township 295, Range 15E, and run N
00001' 4111 E, a distance of 225.64 feet; thence run S 890 07' 35" E, a
distance of 30.00 feet to the P.O. 8.; run thence N 000 01' 41" E, a
distance of 191.35 feet; thence run 5 890 03' 49" E, a distance of
396.12 feet; thence run N 000 07' 35" W, a distance of 26.00 feet;
thence run S 890 03' 49" E, a distance of 240.02 feet ,thence run S 000
07' 35" E, a distance of 232.00 feet; thence run N 890 07' 35" W, a
distance of 231.67 feet; thence run N 000 01' 4111 W, a distance of
20.00 feet; thence run N 890 07' 35" W, a distance of 225.00 feet;
thence run S 000 01' 41" E, a distance of 4.76 feet; thence run N 890
07' 35" W, a distance of 180.00 feet; to the P.O.8.
Exhibit A
Ordinance No.6032-96
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: SehGol-Board.of-Pinellas.eounty
ADDRESS: 304-,Fourth,.St"S.WI'
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z: Q6-0e and LU.P.: aa-03
PROPERTY DESCRIP-'UQtj,: Georgas Sub., Lots 5, 6, 7,
8, 9, and 10; together with
51...<>' ;},;..- )'.H,o\-M&B 21.05
"
LAND USE PLA~
FROM: Residential Medium
TO: Institutional
ZOt4INCi
RM 12
P/SP
ACRES: 2.72
RIGHT -of.WAY: ACRES:
SEe: 22 TWP: 29 S RGE: 15 E
CITY COMMISS'.O'N:;: ",... '::,:,
ATlAS PAGE: 306 A
PlANNING AND ZONING BOARD: MAY 21, 1996
Ordinance 6032-96
QRDJNANCE NO. 6033-9~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED EAST OF GREENWOOD
AVENUE, CONSISTING OF LOTS 5, 6, 7, AND PARTS OF LOTS
8, 9, & 10, GEORGAS SUBDIVISION, WHICH ARE VACANT
LOTS, AND VACATED PORTION OF EUGENIA STREET AND
M&B 21-05 IN SECTION 22, TOWNSHIP 298, RANGE 15E,
FROM MULTIPLE-FAMILY RESIDENTIAL "lWElVE" TO
PUBLIC/SEMI-PUBLIC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas 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 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See Exhibit A attached. (Z96-05)
Zoning District
From: Multiple-Family Residential
'Twelve" - (RM12)
To: Public/Semi-Public - (P/SP)
Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to
~163.3189, Florida Statutes. The Director of Central Pennitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and legal
suffici ncy:
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Leslie K. Dougall-Si e ,Asst. City Atty.
Ordinance No. 6033-96
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LEGAL DESCRIPTION
Lots 5, 6, 7, 8, 9, 10 and that part of vacated Eugenia Street adjoining
Lots 6 through 10, inclusive, according to the map or plat thereof of
Georgas Subdivision, recorded in Plat Book 45, Page 20, public
records of Pinellas County, Florida, and a portion of the NE 1/2 of the
NW 1/2 of Section 22, Township 29S, Range 15E, Pinellas County,
Florida, described as follows:
Commence at the Southwest comer of the Northeast 1/2 of the
Northwest 1/2 of Section 22, Township 29S, Range 15E, and run N
Ooc 01' 41" W, a distance of 225.64 feet; thence run S 89007' 35. E, a
distance of 30.00 feet to the P.O.B.; thence run N 000 01' 41" E, a
distance of 191.36 feet; thence run S 890 03' 49" E, a distance of
396.12 feet; thence run N 000 07' 35" W, a distance of 193.78 feet;
thence run N 890 03' 49" W, a distance of 60.00 feet; thence run N 000
07' 35. W, a distance of 133.72 feet; thence run N 890 03' 49" W, a
distance of 22.50 feet; thence run N 000 07' 35" W, a distance of
117.50 feet; thence run S 890 03' 49" E, a distance of 322.50 feet;
thence run S 000 07' 35"E, a distance of 650.91 feet; thence run N 890
07' 35" W, a distance of 231.67 feet; thence run N 000 01' 41" W, a
distance of 20.00 feet; thence run N 890 07' 35" W, a distance of
225.00 feet; thence run S 00001' 41" E, a distance of 4.67 feet; thence
run N 89007' 35" W, a distance of 180.00 feet; to the P.D.B.,
LESS AND EXCEPT THAT LAND DESCRIBED AS:
Commence at the Southwest comer of the Northeast 1/2 of the
Northwest 1/2 of Section 22, Township 29S, Range 15E, and run N
00001' 41" E, a distance of 225.64 feet; thence run S 89007' 35" E, a
distance of 30.00 feet to the P.D.B.; run thence N 000 01' 41" E, a
distance of 191.35 feet; thence run S 890 03' 49" E, a distance of
396.12 feet; thence run N 000 07' 35" W, a distance of 26.00 feet;
thence run S 890 03' 49" E, a distance of 240.02 feet thence run S 000
07' 35" E, a distance of 232.00 feet; thence run N 890 07' 35" W, a
distance of 231.67 feet; thence run N 000 01' 41" W, a distance of
20.00 feet; thence run N 890 07' 35" W, a distance of 225.00 feet;
thence run S 000 01' 41" E, a distance of 4.76 feet; thence run N 890
07' 35" W, a distance of 180.00 feet; to the P.D.B.
Exhibit A
Ordinance 6033-96
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: School Board of Pinellas County
ADDRESS: 304 Fourth St. S.W.
Largo FL 34640
z: ~f)~5 and LU.P.: S6-o~
P60PE{rTY DESCFlI~JlQN: Georgas Sub., Lots 5, 6, 7,
8, 9, and 10; together with
M&B 21.05
J.,ANP USE PLA~
FROM: Residential Medium
TO: Institutional
ZONING
RM 12
P/SP
ACRES: 2.72
RIGHT-of-WAY: ACRES:
SEe: 22 TWP: 29 S RGE: 15 E
, CITY COMMISSION:'::', '.,., ,: '..
ATlAS PAGE: 306 A
PLANNING AND ZONING BOARD: MAY 21, 1996
Ordinance No. 6033-96
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Item # 15
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Clearwater City Commission
Agenda Cover Memorandum
\--~...
\.. - I t em #
_) Meet i ng Date:
~J or;,. 1 (;
SUBJECT:
Petition for Future Land Use Plan Amendment and Zoning Atlas Amendment for 1142 Lakeview Drive;
Owner: School Board of Pinellas County.
(Z 96-04 & LUP 96-02)
RECOMMENDA TION/MOTION:
Approve the Petition for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment
to Public/Semi-Public (P/SP) for M & B 21-10 in Section 22-29S-15E, and pass Ordinances No. 6034-96
and 6035-96 on first reading.
.
[] and that the appropriate officials be authorized to execute same.
-
SUMMARY:
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE
CLASSIFICA TION
Public/Semi-Public (P/SP)
Institutional
.. This application covers a parcel adjacent to the land presently owned by the applicant, the School
Board of Pinellas County. The School Board needs additional space for the expansion of the
existing school, and intends to combine the lot with its adjacent property (Belleair Elementary
School) to the east which is zoned Public/Semi-Public. The lot is located in the City north of
Lakeview Road and approximately 545 feet east of Greenwood Avenue. The subject lot is
presently zoned Multiple-Family Residential "Twelve" (RM-12) and has a Land Use Plan
Classification of Residential Medium. The RM-12 zoning district does not permit schools or
playfields. It is proposed to rezone the property Public/Semi-Public.
.. The Future Land Use Plan Classification of Residential Medium would be changed to Institutional
to conform with the Future Land Use Plan for the east property.
Reviewed by:
Legal N/A
Budget N/A
Purchas i ng IliA
Risk Mgmt. N/A
CIS N/A
ACM
Originating Dept:
CENTRAL PERMITTING
':/'5
Costs: ~A
Total
User Dept:
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Slbnitted by: ~_.
City Manage~~ ~~.
Advertised:
Date: 5/7/96 & 5/16/96
Paper: TAMPA TRIBUNE
o Not Requi red
.Affected Parties
~ Notified
o Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Oth er
Attachments:
ORDINANCES NO. 6034-96 &
6035-96
LOCATION MAP
APPlI CATION
Appropriation Code:
o None
.~
...... Printed on r
ecycled paper
Z 96-04 & LUP 96-02
Page 2
~ The properties to the north and west have a Future Land Use Plan Classification of Residential
Medium, and are zoned Multiple-Family Residential "Twelve" (RM-1 2). While properties to the
east and south have Future Land Use Plan Classification of Institutional and Residential Urban, and
zoning of Public/Semi-Public (P/SP) and Multiple-Family Residential "Eight" (RM-8) respectively.
The proposed Future Land Use Plan and zoning Atlas Amendment are being requested to permit
the proposed expansion. The size for the proposed lot is under one acre which is the minimum
lot size for the Public/Semi-Public District. However, the school site contains approximately 8
acres and this land is being acquired to add to the existing school property in order to meet the
current and future educational needs of the community and school. The proposed amendments
would be an expansion to the existing Public/Semi-Public district to the east. The proposed
drainage (utility facility) can be considered by the Planning and Zoning Board as a conditional use
if the proposed Future Land Use Plan and Zoning Atlas Amendments are approved.
Pertinent information concerning the request is summarized in the tables below and on page 3.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND
SURROUNDING PROPERTIES
IN CITY
LOCATION OR FUTURE LAND USE ZONING ACTUAL USE
COUNTY PLAN CATEGORY
Subject City Residential Medium RM- 1 2 Duplex and Single-family
Property residential
North City Residential Medium RM-1 2 Multiple-family residential
South City Residential Urban RM-8 Multiple- family residential
East City Institutional P/SP Selleair Elementary School
West City Residential Medium RM-1 2 Multiple-family residential
~ The Planning and Zoning Board held a public hearing on this application on May 21, 1996 after
which they unanimously endorsed the proposed Land Use Plan Amendment to Institutional,and
Zoning Atlas Amendment to Public/Semi-Public (P/SP) to the City Commission.
ZONING RESTRICTIONS
DESCRIPTION
RM-12
REQUIREMENTS
......................... ................................. ..........................
<<?<::.:B!:~~::..:.:...::::::H:::
..>REo.UJREMENTS:\
........-..................................;..,;.:.:.;-:.:-:<.:-:................:->:...;.:-..:.....
EXISTING
Density
11.5u.p.a.
maximum
Single-family residential
Lot Area
10,000 sq. ft.
min.
:4~;~.~.Q.$(:J~ftl.:> 13,629 sq. ft. m.o.1
:",: .:-::::......>-:. ,'<: :.'<::.::'.:,::::<:::,::;" '-:>' <-: '.-: '".
}:rT)ln/<: ... ... .......>.:<::
Lot Width at
setback line
80 ft. minimum
. . . . . . '.". . . ......"
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....:....................,..........................:-.................-:...:.................'..
.'06.fttmiQ.>\.>. 77 feet
Depth
100 ft. minimum
.... .. .. ,"",. . . "
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<1()()..tt..miriimurij.i 177 feet
.... .. . .~ --- -....- ~ - -- - - -
AGENCY
YES
X
X
NO
:i,-..,
Z 96-04 & LUP 96-02
Page 3
OTHER REQUIRED REVIEWS
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS: RM-12 = Multiple-family residentiaI(City); RS-8 = Single Family Residential
"Eight" (City), P/SP = Public/Semi-Public (City); u.p.a. = residential units per acre
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: School Board of Pinellas County
ADDRESS: 304 Fourth St. S.W.
Largo, FL 34640
z: 96-04 and LUP: ~6.02
PROPERTY DESCRIPTION: Section 22-29- 15,
M&B 21.10
LAND USE PlAN
FROM: Residential Medium
TO: Institutional
ZONING
RM 12
P/SP
RIGHT-af-WAY:
ACRES:
0.33
ATLAS PAGE: 306 A
PLANNING AND ZONING BOARD MAY 21, 1996
SEe: 22 TWP: 29 S RGE: 15 E
CITY COMMISSION
CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION
Name of Property Owner(s): School Board of Pinellas County
Address: 301 fourth St., SW, Lar~o, FL34640
Phone:! )813 547-7286
Representative (if any): ,Jim Miller
Phone: (81~
547-7286
-
Legal Description of Property (Subject of Request): Parcel 22/29/15/00000/210/1000
Beginning at a point Five Hundred Eighty-Nine (589' )feet East of the Southwest
corner of the Northeast nuarter (NE~) of the Northwest Ouarter (NW~) of Section
22. Township 29 South. Range 15 East. run thence East Seven tv-Seven (77' )feet;
thence North Two Hundred Ten (210')feet: thence West Seventy-Seven (77')feet;
thence South Two Hundred Ten (210')feet to the Point of Beginning.
General Location: 1142 Lakeview Drive, Clearwater, FL
Acreage: 113 acre MOL
Present Zoning District: ResMul ti:Fam/RM:l ~
Requested Zoning District?ISP Public Semi-Public
Clearwater Comprehensive Land Use Plan Classification: Res. Med
Pinellas County Comprehensive Land Use Plan Classification:
Reason for Request: The land was purchased for expansion of the Belleair' Elemen tary
School site to meet the future educational needs of the 'cqmmunity and school.
Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification?
Yes
No X
NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required
to file a corresponding application to amend the Land Use Plan.
Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan?
Yes
No
list any other pertinent information submitted:
Signature:
~\ ~
{JvVl\VL H }i - i1
Date: j-l.. -z.- '{; - ~ tp
Reviewed by:
.
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LAND USE PLAN ^~IENU~IENT APPLICATION
DATE 4-23-96
----~-~----------
NA~IE Of PIlOPERTY OWN Ell (S) ScbooLBoard _of Pt.n..was_ COLID~.Y___________
ADDRESS )0 LJ:..o_urth ~t...!-';;JJ..J_ Largo J -EL34640
____ PilON E 5JJ1: 12Bb____
i\r.JlItESCNTATlVE (1 F "NY)
,T im Miller
^DOR ESS _UU1 S. Be lcher -.B~ Lar.g~_E.~-2~Q.4.l._____ PlIONE ~1.=128.n-____
I ' _
~r.G^L DESCRIPTION OF PIlOPEItTY (SUOJECT OF nEQUEST~..ar~.L22L29/1l)/Qo.ili1QL2JO/'OC ,
I _l1eginn ing at CLQQi n t FJ-_ve HUD.9red Eigb.t:.N inELl2.~5L~..l.Le~J~E1>..t-9f_ t hsLSo.u thwes t
c~r of the Northeast nuarte~~~~~f th~_~orth~est_~rt~I~B~l of_~ec~ion
22, Township 29 South, Range 15 East, run thence East Seventy-seven (77')feet;
thence North TwoHundred Ten (210' )feet-;-thenceWest Seventy':-Seven-(7i'Treet;th~nce S~th' Two
GENERAL LOCATION El1ndr~.lO.!..)..t:eet.-to-the Po..:int of Beg-i..J:H:}4-Rg..
1142 Lakeview Drive, Ctearwater, Fl____
ACREAGE 1/3 acre MOL
--
------------------
~RESENT ZONING DISTRlcT~esMulti-Fam/RM:1~-----------------------
nEQUESTED ZONING DIsTnIC~/S!__E~blic Semi-Publl~______________________
Note: A sepa.rate a.pplication is require,d if the zoning district 1s .
proposed to be changed.
PRESENT CLEARWATER COMPREIJgNSIVE LAND USE PLAN CLASSIFICATION
Res.Med
-------------
nEQUESTElJ CLEAR,^'ATER COMPREHENSIVE LAND USE PLhN CLASSIFICATION
---r--
I - Institutional
-------------------
REASON FOR (lEQUEST --I.he land li-~.....Q!Jrchase9. for e~ansiolL.9.f_ the
BelJeair_Elementary Schoo13ite to m~~~~~e future educational needs_______.
of the community and sCQool.
-------------------.
------------------------------------
PINELLAS COUNTY COMPnEIIENSIVE LAlIO USE PLA~ CLAt31FICATION
--------
-------------------------
"-
,IS TilE ItEqUESTED 1,,'HD lISE C/}TEGOn'i Iii CONfOn~I^NCE WITII TilE PINELLAS
COU!'TY LAND USB PLAN CLASSIFICATION? JES_~~_ NO______
tlote: . County Lnnd Use Plan amendments require the approval of the
Plnellas County Planning Council and the State of Florida
(Chapter 163 F.S.).
.,..
· stnte Gro\\.th ~tana.gcment Legislation limits flnal npproval
~~.~~"d Use Plan amelldmell~~S .bl' t::~ :~;~rO~~~~lce~
( ature, ...L~
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,nav i ~"ed b)':
it}, ,
ORDINANCE NO. 6034-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND
USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED
EAST OF GREENWOOD AVENUE, CONSISTING OF M&B 21-10
IN SECTION 22, TOWNSHIP 29S, RANGE 15E, FROM
RESIDENTIAL MEDIUM TO INSTITUTIONAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
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 1. The future land use plan element of the Comprehensive Plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
property
See Exhibit A attached. (LUP 96-02)
.land Use Category
From: Residential Medium
To: Institutional
Section 2. This ordinance shall take effect immediately upon adoption. subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to
9163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and
legal sufficiency:
Rita Garvey, Ma~or-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6034-96
f '.'~
LEGAL DESCRIPTION
Beginning at a point Five Hundred Eighty-Nine (589') feet East of the
Southwest comer of the Northeast Quarter (NE 1/4) of the Northwest
Quarter (NW 1/4) of Section 22, Township 29 South, Range 15 East,
run thence East Seventy-Seven (77') feet; thence North Two
Hundred Ten (210') feet; thence West Seventy-Seven (77') feet;
thence South Two Hundred Ten (210') feet to the Point of Beginning.
(LUP 96-02)
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Exhibit A
Ordinance No. 6034.96
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
z: ~6-o4 and lUP: 96..()2
OWNER: School Board of Pine lias County
ADDRESS: 304 Fourth St. S. W.
Largo. FL 34640
LAND USE PLAN
FROM: Residential Medium
TO: Institutional
PROPERTY DESCRIPTION: Section 22-29-15,
M&B 21.10
ZONING
RM 12
P/SP
ACRES: 2.04
RIGHT-of-WAY: ACRES:
SEC: 22 TWP: 29 S RGE: 15 E
. .
. '. . . .
CITY COMMISSION.
0.33
ATLAS PAGE: 306 A
PLANNING AND ZONING BOARD MAY 21,1996
Ordinance 6034-96
OBOINANce NO. 6035-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED EAST OF GREENWOOD
AVENUE, CONSISTING OF M&B 21-10 IN SECTION 22,
TOWNSHIP 29S, RANGE 15E, WHOSE POST OFFICE
ADDRESS IS 1142 LAKEVIEW DRIVE FROM MULTIPLE-
RESIDENTIAL FAMILY "lWELVE" TO PUBLIC/SEMI-PUBLIC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas 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 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property Zoning District
See Exhibit A attached. (Z96-04) From: Multiple-Family Residential "Twelve" - (RM-12)
To: Public/Semi-Public - (P/SP)
Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption. subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to
9163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and legal
sufficiency:
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6035-96
".'1., ,
LEGAL DESCRIPTION
Beginning at a point Five Hundred Eighty-Nine (5891) feet East of the
Southwest comer of the Northeast Quarter (NE 1/4) of the Northwest
Quarter (NW 1/4) of Section 22, Township 29 South, Range 15 East,
run thence East Seventy-Seven (77") feet; thence North Two
Hundred Ten (210') feet; thence West Seventy-Seven (77") feet;
thence South Two Hundred Ten (210') feet to the Point of Beginning.
(LUP 96-02)
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EXHIBIT A
Ordinance No. 6035-96
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: School Board of PinelJas CountY
ADDRESS: 304 Fourth St. S.W.
Largo, Fl 34640
z: 96-04 and LUP: 9~-o2
PROPERTY DESCRIPTION: Section 22-29-15,
M&B 21.10
lAND USE PlAN
FROM: Residential Medium
TO: InstiMional
ZONING
RM 12
P/SP
ACRES:
RIGHT-of-WAY: ACRES:
SEC: 22 TWP: 29 S RGE: 15 E
. .. .
CITY COMMISSION
2.04
0.33
ATLAS PAGE: 306 A
PLANNING AND ZONING BOARD MAY 21, 1996
Ordinance No. 6035-96
. -~. - -- - - -_._-~,_.,.- --~--- -- ..- --
. . .
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paperworl( for
Item #16
moved to 6-20-96
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, '_~,~'~ _________~___=___,_,_. __ __ __ __ ____ ___________ ____ ._._____" ___. .:....__ ___ __ - ~ ,_ ,'_ - __________ _____~. __ __ ____ ____ _. n_ ._
...... .. "--_...~.=-----:--_.. ..~--..,-..... -. :--~.~--- - - <.-..-~ l' ..
(SV 96-09)
A
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Clearwater City Commission
Agenda Cover Memorandum
'1 ....................................
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....... .............. ......"......
Meeting Date: lil,!lfilli
SUBJECT:
Variance to the Sign Regulations; 1295 Missouri Ave.; Albertson's Inc.(Owner/Applicant); Cathy
Oixon(Representative) .
RECOMMENDA TION/MOTION:
Approve a variance of one wall sign to allow four wall signs on property identified as F. E.
Hanousek's Sub., parts of Lots 11 and 12, for meeting Sec. 45.24 Standards for Approval, items
(1 )-(4).
IBI and that the appropriate officials be authorized to execute same.
BACKGROUND:
. This property is located on the northeast corner of Missouri Ave. and Lakeview Rd., and is in
the Commercial Center zoning district.
. The applicant is requesting a variance of one wall sign to allow a total of four wall signs.
. The variance is requested to permit placement of a wall sign identifying the mini-bank within the
grocery store.
Pertinent summary information is listed in the following table.
Type of signs
Location/orientation of sign
Area
Number of wall signs
Attached
Yes
Missouri Ave.
Yes
277.5 sq. ft.
4
290 sq. ft.
3
Reviewed by: .. ..... ...... ............. Or.igi~8tingOep81'tIllent: .
~~~c~g i1ie~~iiii~;~;:~~~;:::1~::::;::li
IS :\r~~(:}mt::N1Artt{f)::
ACM :?:rn::t~):::: I~t.
CRT
Costs:
.':'::'../.NlAY
.... .
Total
Commission Action:
o Approved
o Approved w/Conditlon.
o Denied
o Continued to:
Current Fi8cal Year
Advertised:
J'fli~i.l1Jltl~IIII,1
o Not Required
Affected Parties:
U!I Notified
o Not Required
Funding Source:
o Capital Improvement:
o Operating:
O ............. . ';'. ...........
).((:):::::./",;::::<::.:.::<>:::::<:
Other: ...:-;.:.;.;.:.;...:::-:::.;:.::.;.;.:.;.::;.:.:.:.;:::,::::-....;::.:.;.;.::
Attachments:
Submitted by:
CI1VM.it~
o Printed on recycled pap.r
;:<..:.:.::::.:::.>::::::~gBrg:f:r:'...a...:.:.:.~.:.::.::.'.:.f.:...:.::.n..:.:.::.:.::.:....C.:.:.:.:.:.:~.:..:...d..:..:.::...8.....:......
;.;.;.:-:.:-..;,;.;..,;.;,;;:::;;;:::.:;:;:;:;:;:;:;:::.;.;.;,;.:.: ...
:::A~~ij~'~&/:::mtt:::::::r::::':{'/:::::::::::II
Application Worksheet
.. ...... .. Map.
a None
Special circumstances exist to support approval of the requested variance:
· Approval of the requested variance will not increase the allowed sign area, only the number
of wall signs.
· The purpose for the additional sign is to identify the existence of the mini-bank, not the
grocery store.
· Approval of this variance will not detract from the appearance of the neighborhood.
· Strict enforcement of the code in this case would not provide any specific public benefit.
Direction
Existing Land Uses
North
South
East
I West
Shopping center
Gas statiion
Warehouse
Resaurant, office, shopping center
Applicable Variance Standards:
To be eligible for a variance, a request must meet all four standards for variance approval. Based
upon review and analysis of the information contained in the application, staff finds that the
petitioner's request meets all of the standards. In particular, the following standards do appear to
be fully met:
1. There are special circumstances related to the particular physical surroundings, shape or
topographical conditions applicable to the land or buildings, and such circumstances are
peculiar to such land or buildings and do not apply generally to the land or buildings in the
applicable zoning district.
2. The strict application of the provisions of the code would deprive the applicant of the
reasonable use of the land or buildings.
3. The variance is not based exclusively upon the desire for economic or other material gain by
the applicant or owner.
4. The granting of the variance will be in harmony with the general purpose and intent of the land
development code and comprehensive plan and will not be materially injurious to surrounding
properties or otherwise detrimental to the public welfare.
J. , ;
NUMBER OF A IT ACHED SIGNS
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Relevant Previous Decisions by the Commission:
B__IIIIIII\I"rl_~1I111111.11
SV 93-07 801 Phillies Dr. Jack Russell Stadium 1 wall signJ Approved 1119/93
SV 93-78 1200 Missouri JC Penney 1 wall sign! Approved 2/7/94
Ave.
SV 93-60 603 Missouri. Cleanvater Outboard 4 attached signs/Denied 3/21/94
Ave.
SV 93-93 2126 Drew 81. Mac's Sports 1 attached signlDenied 4/19/94
SV 93-87 830 Court St. R.J. Automotive 1 wall sign/Denied 4/19/94
SV 95-11 249 Windward Cleanvater Marine 2 wall signs! Approved 3/2/95
Passage Science Center
SV 95-09 1520 McMullen Musicana Dinner 4 window signs! Approved 3/16/95
Booth Rd. Theatre
SV 95-23 467 Mandalay Eckerd Drugs 2 wall signs! Approved 4/20/95
Ave.
SV 95-31 387-1/2 Wedgwood House 7 attached signs! Approved 8/17/95
Mandalay Ave. Estate Jewelers 5 window signs! Approved
SV 96-01 500 Cleveland Church of 1 wall sign! Approved 2/1196
St. Scientology
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STAFF FINDINGS
VARIANCE WORKSHEET - CASE NUMBER SV 96-09
STANDARDS FOR VARIANCE APPROVAL
(1) There are apeclal clrcumatance. ralated to the
particular phyaloal surroundings, shape or topographical
oondlUona applicable to the land or building., and auch
oiroumatancea are peculiar to auch land or building. and
do not apply ganerally to the land or building. In the
applicable zoning dlstrlcl
(2) The atrlet appllcaUon of the provislona of tho code
would deprive the applicant of tha rea.onable u.e of the
..nd or building..
(3) The variance" not based exclusively upon the de.lre
for economic or other material gain by the applicant or
owner.
(4) The grantlng of tha variance will b. In harmony with
the general purpose and Intent of the land development
coda and comprehenalve plan and will not be materially
InJurloua to aurroundlng properties or otherwl.e
detrimental to the public welfare.
. Approval of the reque.ted variance will not Incre..e
the allowed .lgn area, only the number of wall algn..
. The purpoae for the addlUonal .'gn I. to idenUty the
exlalence of the mlnl-bank. not the grooery atore.
. Approval of thl. varlanoe will not detract from the
appearanoe of the neighborhood.
. Strict enforcement of tho code In this ca.e would not
provide any apeclfic public benefit
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Placement of a wall algn IdenUfylng the exl.tenca of the
mlnl-bank con.Utute. a rea.onabl. use.
The varlanca request appears to aaUsty thl. condltJon.
The .Ign regulaUons were .dopted with the Intent of
enhancing the visual quality of the City's streeb and
landscape In order to protect the value of properUe. and
the well-being of the local tourist oriented economy. Tha
grantJng of thl. variance appears to be con. I. tent with
thl. Intant
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CENTRAL PERMITTING DEPARTMENT
10 S. MISSOURI AVENUE
CLEARVVATER, FL 34616
V SIGN VARIANCE APPLICATION
'1PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVEIS) (H My) NAME & ADDRESS:
Albertson's INC.
250 Parkcenter Blvd.
Boise. IO 83726
International Sign & Design Corp.
10831 Canal St.
Lar~, FL .34647
t~t.h~''l-ON ~
TELEPHONE: (208 ) 385-6275
TELEPHONE: ( 813) 541-5573
ADDRESS OF SUBJECT PROPERTY: 1295 S. Hissour:l Ave., Larqo, FL
NAME OF BUSINESS (IF APPLICABLE): First of America Bank
X ZONING DISTRI~T: CPO LAND USE CLASSIFICATION: General Conmere!al LAND AREA:8.57 Acres.
X LEGAL DESCRIPTION OF SUBJECT PROPERTY: F. E. Hanousek' s, Pa rt of lots 11 and 12.
VPARCEL NUMBER: 22 I 29 I 15 I _35532 I 000 / 0121
1 ~'Jailable from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207.
number, attach 8 % x 11 inch sheet)
(This information is
If more than one parcel
DESCRIBE SURROUNDING USES OF PROPERTY:
North:
South:_
Retail
Offires
East:
West:
Warehouse
Mall
VARIANCE(S) REQUEST:
+. We ara ~oq~octing ~n ~ddi~ioflal 21.25 square foot ~ign for
Fi~>>t of AmQriCi Sank OR tha ~IGort~onls front faai3. Firat
of Ampr; Crl l=\~nl{ haii il mini Dink imdde the ctore. (a tot;} 1 of J21. ~5 flq. fto.
ct I~.
A 'variance of one wall sign to allow a total of four wall signs.
CONTINUED ON REVERSE SIDE
.
STANDARDS FOB APPROVAL: A vari8nce shall not be granted by the CIty Commllslon umel. the appUeatlon and evldenc.
pr......ted dearty support the following conclusion.:
1) There are Ipeciai circumstances related to the particular phy.lcaI surroW'lCllnga, shape or topographical conditions
appncabl. to the land or buildings, and such circumstance. are pecuD. to .uch I..d or bundlngs ...d do not apply
generally to the land or buildlnlP In the appl1C8ble zoning di.trict becatn.
The building sits back off the main road and relies wholly on
signs for business identification.
.
2) The 81rict appDcation of ttle provisions of the code would deprive the 8PpDC8flt of the reasonable use of the land or
buildings because
This building is primarily a well known grocery store. It will
known that there is a mini-bank inside unless First of America is allowed
exterior signaqe.
3) The variance I. not based exclusively upon a desire for economic or other material gain by the appncant or owner
because
The mini-bank will be a service for the surrounding area residents.
4) The granting of the variance wiD be in harmony wi1h the general purpose ..d intent of the land development code and
comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the pubDc
welfare because
The mini-bank sign will be too small to be intrusive. Its main purpose is to identify
the bank inside the qrocery store.
THIS SUBMISSION GIVES AN APPUCANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE
CITY COMMISSION AT A PUBUC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACnON. BY
SIGNING THIS DOCUMENT I AM ACKNOWlEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS
APPUCA TION.
~
SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE):
~~i2-e;-w
Swom to IIIld SUbscn1l8~ this ~.{
bY~ .
day of
A.D.: 193'
~ fh. ~tL&-JA:
Notary PubUc
L
a identification.
. who Is plll'Sonslly known to ~~rodUced
STATE OF flORIDA. COUNTY OF
Commission No.
L 0
(Name of Notary typed. printed or ~tarnped)
.
UNOA M. lAOONTE
NOI~ry Public, Stat\) of FlorIda
My CClmm. e~I""~ AlJll.24 1996
No CC21S658 .
NOTE: PROPERTY OWNER OR REPRESENTAnvE MUll AII~D HEARING.
A'
Albertsons ·
March 20, 1996
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TO WHOM IT MAY CONCERN:
RE: #4431 - Missouri & Lakeview
1295 S. Missouri
Clearwater, FL
INTERNATIONAL SIGN & DESIGN ("IS&D"), is hereby authorized, as an agent of First of
America, F.S.B., a federal savings bank, to supply information, in order to obtain needed
governmental permits for placing exterior signs on the above referenced locations.
Albertson's, Inc.,
a Delaware corporation
3,'
-p.T. BY:
o ~ ~ , -<<-- · _~..JJo.
William H. Arnold
Vice President, Real Estate Law
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ALBERTSON'S. INC, : GENERAL OFFICES. 250 PARKCENTER BLVD, ! BOX 20 BOISE. IDAHO 83726 208.385.~200
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ALBERTSON'S, INC. / FIRST OF AMERICA BANK
PUBLIC HEARING DATE: JUNE 6, 1996
SEe: 22 TWP: 29 S RGE: JJi E
CLEARWATER CITY COMMISSION
NAME:
SV # 96-09
ATLAS PAGE: 3068
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013-96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTION 35.11, CODE OF
ORDINANCES, TO REVISE THE DEFINITION FOR
VARIANCE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
~. Section 35.11, Code of Ordinances, is amended to read:
Sec. 35.11. Definitions.
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:
*
'*
'*
*
'*
Variance means a grant of relief from the requirements contained in m this
development code based upon demonstrated ., .
m approvaLQf Section ~ an<lJrtherwise in accord~nce wittLthe provisions and
. upon demonstr3ted hardship.
*
*
'*
*
*
~ The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan.
~. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
May 16, 1996
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
J
Leslie Dougall des
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6013-96
~ 9'
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO UTILITIES; AMENDING
APPENDIX A - SCHEDULE OF FEES, RATES AND
CHARGES OF THE CODE OF ORDINANCES OF
THE CITY OF CLEARWATER TO PROVIDE
REVISED RATES FOR THE CLEARWATER GAS
SYSTEM; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the current gas rates and service charges of the Clearwater Gas
System have been effective since October 1, 1995; and
WHEREAS, it is determined to be fair and reasonable to adopt the
recommendations of the Clearwater Gas System to establish gas rates and service
charges based on the cost to serve the various classes of customer;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1... That Appendix A - Schedule of Fees, Rates and Charges of the
Code of Ordinances of the City of Clearwater is hereby amended as shown in
Attachment 1 to make changes to Section XXVI. Clearwater Gas System Fees, Rates
and Charges.
~tion 2. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason to be invalid, the same shall not affect the validity
of the ordinance as a whole, or any part thereof other than the part declared to be
invalid.
l".~'
Section 3....
All ordinances or parts of ordinances in conflict herewith are to
the extent of such conflict hereby repealed.
Section 4...
This ordinance shall become effective upon adoption and shall be
applicable for all gas bills and services rendered on or after October 1, 1996.
PASSED ON FIRST READING
May 16, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form and
legal sufficiency:
f1~
Pamela K. Akin
City Attorney
AITACHMENTl
APPENDIX A - SCHEDULE OF FEES. RATES AND CHARGES
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (~ 32.068J:
(1) Natural Gas Service Rates. The following monthly rates shall apply to all customers who are provided
the availability of natural gas service by the Clearwater Gas System, based on their applicable class of
service:
(a) Residential Natural Gas Service (Rate RS): Firm natural gas service for domestic uses in all
residences of three (3) units or less.
Monthly Customer Charge ...................................................$ 6.00 6.00
Non-Fuel Energy Charge, per therm........................................$ 0.~80 0.530
Minimum Monthly Bill ..........................................................$ 6.00 6.00
Effective 10It/Bell.
Monthly Customer Charge.................................................II $ -8-rOO ..1...QQ
Non-Fuel Energy Charge, per therm.......................................$ 0.630 O.58Q
Minimum Monthly Bill......................................................... $ ~ LOO
(b) Small Multi-Family Residential Service (Rate SMFJ: Firm natural gas service for all domestic
applications within the living units of mufti-family buildings of four (4) units or more and the total
annual consumption at the premise is 0 - 17.999 therms.
Monthly Customer Charge..................... ........ .......................$ 15.00
Non- Fuel Energy Charge. per therm......................................... $ 0.530
Minimum Monthly Bill........................................................... $ 15.00
Effective to/t/97
Non-Fuel Energy Charge. per therm........................................$ 0.580
ec) Medium Multi-Family Residential Service (Rate MMFJ: Firm natural gas service for all domestic
applications within the living units of multi-family buildings of four (4) units or more and the total
annual consumption at the premise is 18.000 - 99.999 therms.
MPotbly Customer Charge.................. ..................... ............... $ 20.OQ
Non-Fuel Energy Cbarge. per therm.........................................$ 0.530
Minimum Monthly Bill........................................... .......... ....... $ 20.00
Effective 10/1/97
Non.fuel Energy Charg~. per therm......... :............... ................ $ 0.580
ATTACHMENT 1
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
ldl Large Multi-Family Rpsidential Servj~e (Rate LMFJ: Firm natural gas service for all domestic
applications within tbe living units of multi-family buildings of four 14) units or more and the total
annual consumption at the premise is 100.000 or more.
Monthly Customer Charge......... .... ............ ......."..................... $ 50.00
Non-Fual Energy Charge. per th13rm..............................u.......... $ 0.530
Mini mum Mo nthly Bill.............................................................. $ 50. OQ
Effective 1011/97
Non-Fuel Energy Charge. per therm...........................................$ 0...580
1e.l fM Small Natural Gas General Service (Rate SGS): Firm natural gas service for all commercial,
industrial, and other applications where no other rate is applicable and the customer's annual
consumption at the premise Is 0 - 17,999 therms.
Monthly Customer Charge ...................................................$15.00
Non-Fuel Energy Charge, per therm........................................$ 0.430 0.470
Minimum Monthly Bill ... ... ... ....... ... .....". ......... II ... ....... ... ........ $15.00
EIIeetlV(] 1011/96
Non Fuol Enorg'l Charge, por therm.......................................$ 0.400
ill ~ Medium Natural Gas General Service (Rate MGS): Firm natural gas service for all commercial,
industrial, and other applications where no other rate is applicable and the customer's annual
consumption at the premise is 18,000 - 99,999 therms.
Monthly Customer Charge ....................................................$ 20.00
Non-Fuel Energy Charge, per therm........................................$ 0.380 0.41 Q
Minimum Monthly Bill......... .... .,." ....." ...".. ........" ... ... ....... ......" $; 20.00
Effeet/v-e 1011196
Non Fuo~ Enorgy Charge, por thorm.......................................$ 0.360
19l AA Larue Natur81 Gas General Service (Rate LGSJ: Firm natural gas service for all commercial,
industrial, and other applications where no other rate is applicable and the customer's annual
consumption at the premise is 100,000 therms or more.
Monthly Customer Charge ..........................._.........................$ 50.00
Non-Fuel Energy Charge, per therm........................................ $ 0.330 0.35Q
Minimum Monthly Bill...,. It' .,.... ...... ...... -,.. ". II.. I. .,_ II' .,. .".... It. $ 50.00
2
ATTACHMENT 1
APPENDIX ^ . SCHEDULE OF FEES, RATES AND CHARGES
1b1 ~ Interruptible Natural GtlS Service (Rate IS): Interruptible natural gas service available under a
standard agreement for typically industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; the customer agrees contractually to
purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer
has either installed alternative fuel capability and/or contractually agrees to curtail service at
the request of the Clearwater Gas System, subject to penalties for failure to comply.
Monthly Customer Charge. .,. ...... ...... 1,.11. ..... ....... II ....... '" ... II $100.00
Non-Fuel Energy Charge, per therm........................................$ 00.260 0.280
Minimum Monthly Bill. .t.... ... ...... '1' ...... ......... ...... .1. ............... $1 00.00
Plus the Non.Fuel Therm Rate for the minimum number of
contract therms per day
ill ffi Contract Natural Gas Service (Rate CNS): Contract natural gas service for special applications
and conditions approved by the City Manager. This rate is typically applicable where
competitive fuel sources are confirmed to be available to the customer and a special rate with
special conditions are required to obtainl retain the customer. This rate may be used to
construct a special standby rate where the customer requires capability to serve, but normally
uses an alternative energy source. Such service must fall within the normal construction
feasibility formula to insure a profitable payback to the City.
Monthly Customer Charge ................. As Established by Contract(typically the same as the
normally Applicable Service Class)
Non-Fuel Energy Charge ...................Per Therm as Established by Contract
Minimum Monthly Bill .......................Monthly Customer Charge Plus the Non-Fuel Therm
Rate for a Contract level of Monthly Consumption
.m. ffi} Residential Natural Gas Air Conditioning Service (Rate RAC): Firm natural gas service for
domestic gas air conditioning in all residences of three (3) units or less where the gas air
conditioning load is separately metered.
Monthly Customer Charge ..................................................$ &.00 6.00 only if this is not
already being billed on another
metered account at the
premise on a firm rate schedule
Non-Fuel Energy Charge, par therm..;....................................$ 0.200
Minimum Monthly Bill .........................................................$ 6.00 6.00 at the premise on
a firm rate schedule
Effective 1011 186S2
Monthly Customer Charge......................... .........................$ 6.00 7.00 only if this is not
already billed on another
metered account at the remise
on a firm rate schedule
Minimum Monthly BiII..........................................................$ ~ 1...OO..at the premise on
a firm rate schedule
3
A IT ACHMENT 1
APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES
ill ~ General Natural Gas Air Conditioning Service (Rate GAel: Firm natural gas air conditioning
service for all commercial, Industrial, and other non-residential applications where the installed
gas air conditioning capacity is O. 149 tons and the gas air conditioning load Is separately
metered.
Monthly Customer Charge ...................................................$15.00 only if this is not
already being billed on another
metered account at the
premise on a firm rate schedule
Non-Fuel Energy Charge, per therm......................................$ 0.150
Minimum Monthly Bill ........................................................$15.00 at the premise on a
firm rate schedule
ill m Large Natural Gas Air Conditioning Service (Rate LAC): Firm natural gas air conditioning
service for all commercial, industrial, and other non residential applications where the installed
gas air conditioning capacity is 150 tons or more and the gas air conditioning load is
separately metered.
Monthly Customer Charge ..................................................$20.00 only if this is not
already being billed on another
metered account at the
premise on a firm rate schedule
Non-Fuel Energy Charge, per therm......................................$ 0.100
Minimum Monthly Bill ........................................................ $ 20.00 at the premise on a
firm rate schedule
1ml ij} Natural Gas Street Lighting Service (Rate SLJ: Natural gas service for lighting of public areas
and ways. Service may be metered or estimated at the discretion of the gas system. The customer
may elect to subscribe for Normal Street Lighting Maintenance & Relighting labor Service. or they
may call Clearwater Gas System for Repair Service and pay normal hourly labor charges (see Other
Miscellaneous (3as Charoes).L or they may elect to maintain their own lights. Repair equipment and/or
parts supplied by Clearwater Gas System will pe billed as reQuir~d. When the gas system provides
poles, fixtures, piping, and/or installation labor beyond the service connection point, Facilities Contract
Charges may be assessed.
Monthlv Customer Charge ........ ....... ....... ............ ...... ... ...... II... .......... .,. $15.00
Non-Fuel Energy Charge, per therm............. ..... ............. ..... ................... $ 0.200
Normal Maintenance & Relighting labor Service Charge, per therm...........$ 0.100
Plus any required equipment/parts
Minimum Monthly Bill. II .... II II' It. 11.,1.,1 ........... 1,.,1. It' II.... II........ II .,. It.... II.. $15.00
Plus any applicable Facilities Contract Charges
4
A TT ACH.M ENT I
APPENDIX A . SCHEDULE OF FEES. RATES AND CHARGES
1nl ~ ContrBct Natural Gas Transportation SelYice (Rate CTS): Service for transportation of
someone else's natural gas through the Clearwater Gas System for supply to another gas
system or an individual customer. This is handled like a Contract Natural Gas Service and
must be approved by the City Manager. Provision of this service must fall within the normal
construction feasibility formula to insure a profitable payback to the City.
Monthly Customer Charge .............................As Established by Contract (typically the same
as the normally Applicable Service Class)
Non-Fuel Energy Charge ............................... ..Per Therm as Established by Contract
(typically the same as the normally
applicable service rate)
Minimum Monthly Bill .................................... Monthly Customer Charge Plus the Non-Fuel
Therm Rate for a Contracted level of
Minimum Monthly Flow as well as any
Facilities Contract Charges for Special Facilities
and Metering Required to Provide this
Transportation Service
121 m Natural Gas Vehicle Service (Rate NGV): Natural gas service for fleet vehicle fueling. This is a
contract rate approved by the City Manager. Provision of this service must fall within the normal
construction feasibility formula to insure a profitable payback to the City.
Monthly Customer Charge .............................$ &rOO ~ for Residential or $15.00 for
General Service applications only if a Customer
Charge is not already being billed on another
metered account at the premise on a firm rate
schedule
Non-Fuel Energy Charge, per therm................. $ 0.100 plus any applicable Customer. specific
or Public Fill Station per therm Facilities
Charges Required to Provide this Service
Minimum Monthly Bill ...................................Monthly Customer Charge, if applicable, plus
any monthly Facilities Contract Charges for
Special Facilities, Metering or Fleet Conversion
Costs Required to Provide this Service
Effective 10/1 /96fll..
Monthly Customer Charge..............................$ 6.00 LOO for Residential or $15.00 for
General Service applications only if a Customer
Charge is not already being billed on another
metered account at the premise on 8 firm rate
schedule
Note: The total energy charges for this service including all adjustments,
facilities charges, taxes, etc. may be expressed as 8 rate .per gallon
equivalent of gasoline..
A IT ACHMENT 1
APPENDIX ^ . SCHEDULE OF FEES, RATES AND CHARGES
1W. {m} Natural Gas Emergency Gener8tor or Other Srondby Service (Rate NSS): Natural gas service to
8 metered account, separately established for back-up service, where no substantial gas service Is
used for year round purposes.
Monthly Customer Charge .0.............. 0........ 0.............. $25.00
Non-Fuel Enaigy Charge, per therm............................ $ 0.430 O.47Q
Minimum Monthly Bill II....... II .,_.......... .t.... .,.. II......... II. $ 25.00
Plus any Facilities Contract Charges for the Facilities and Metering
Required to Serve this Account
['fcethe 10/1/96
NOR Fuel Energy Charge, par tharm..... ...... .j.... ..... ....ft $0.100
(2) Propane (LP) Gas Service Rates. The following monthly rates shall apply to all customers who are
provided the availability of propane (LP) gas service by the Clearwater Gas System, based on their
applicable class of service:
(a) Residential Propane Gas Service (Rate RLP): Metered or bulk delivered LP service for all
domestic uses in all residences of three (3) units or less.
Monthly Customer Charge ....................................... $ ij..OO 6.00
Non-Fuel Energy Charge:
Per gallon................................................... $ 0.660 O.7OQ
I = Per therm................................................ $ O. 710 0.765)
Minimum Monthly Bill ............................................. ~ -i.OO 6.00
Effective 1011/969.1
Monthly Customer Charge................................... ...... $ ~ 7.00
Non-Fuel Energy Charge:
Per gallon.....................................................$ 0.750
( = Pe r therm........................................... . . . . .. $ 0.82.0)
Minimum Monthly Bill......... ... ... ... ... ... ... ... ... ,.. ........... $ -6.00 7.00
(b) Multi.Family Proosne Gas Service (Rate MLPJ: Metered or bulk delivered lP service for all
domestic applications within the living units of multi-family buildings of four (4) units or more.
Monthly Customer Charge.........................,..,... ... ... ... $ 15.00
Non-Fuel Energy Charge:
Per G~lIon.............. 0...................................... $ 0.700
I = Per Therrn.................................................$ 0,765)
Minimum Monthlv Bill........................ .................. ......$ 15.00
Effective 10/1/97
Non-Fuel Energy Charge:
Per gallon..... .............................. .................. $ 0.'150
( = Per therm....................................,...........$ 0.8201
ATIACHMENT I
APPENDIX A . SCHEDULE OF FEES. RATES AND CHARGES
Lm AA General Propane Gas Service (Rate GLP): Metered or bulk delivered LP service for all
commercial. industrial, and other applications where no other rate is applicable and the annual
consumption at the premise is 0 - 2,499 gallons.
Monthly Customer Charge ........................................$ 15.00
Non.Fuel Energy Charge:
Per gallon. .,. .,. ...... 11.1,.,1.,1.' .... .,. _,.. II. II _f.. II. If' $ 0.360 0.390
.L=.Per ttlerm................................................ $ 0.383 0.426)
Minimum Monthly Bill ... ... .,...It '" '" ......... .f. '" .,_ 'f' '" ..... $ 15.00
Effective 10/1/96
Non Fuol Enorgy Charge:
Por gallon. ,,1 "_ If' ... I" 1,.". It' ........ .... It. II _t.. II' If
II .................... .... ......................
1dl {.e} Laroe Propane Gas Service (Rate LLP): Metered or bulk delivered LP service for all
commercial. industrial. and other applications where no other rate is applicable and the annual
consumption at the premise is 2.500 gallons or more.
Monthly Customer Charge............ .............................. $ 20.00
Non-Fuel Energy Charge:
Per gallon.................................................... $ 0.290 0.320
(= Per therm", .,, '" ... ... It' It. ........ .... II' It ". .... II' $ 0.317 0.350)
Minimum Monthly Bill............ .... ............ ....... $ 20.00
EffeGtiV8 1011196
Non Fuel Energy Charge:
........ II . ........... .... ......... It ........
1el <<>> Contract Propane Gas Service (CLP): Contract metered or bulk delivered LP gas service for
special applications and conditions approved by the City Manager. This rate is typically
applicable where competitive fuel sources are confirmed to be available to the customer and a
special rate with special conditions are required to obtain/retain the customer. Such service
must fall within the normal construction feasibility formula to insure a profitable payback to
the City.
Monthly Customer Charge ........................................ As Established by Contract (typically
the same as the normally applicable
service class)
Non-Fuel Margin Rate ........ ...................................... Per Gallon 8S Established by Contract
Minimum Monthly Bill ....... ..................................... Monthly Customer Charge Plus the
Non-Fuel Usage Rate for a Contracted
Level of Monthly Consumption
7
AITACHMENT 1
APPENDlX A - SCHEDULE OF FEES. RATES AND CHARGES
ill AA Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling.
This is a contract rate approved by the City Manager. Provision of this service must fall within
the normal construction feasibility formula to insure a profitable payback to the City.
Monthly Customer Charge ....... ......... ..... .................. $ 6-rlX) ~ for Residential or $15.00
for General Service applications only if
a Customer Charge is not already being
billed on another metered account at
the premise on a firm rate schedule
Non.Fuel Energy Charge............................................. 0.100 per gallon.=.
$ 0.109 per therm plus any applicable
customer-specific or Public Fill Station
Facilities Charges Required to Provide
this Service
Minimum Monthly Bill .......... ....................................Monthly Customer Charge plus any
applicable monthly Facilities Contract
Charges for Special facilities, Metering
or Fleet Conversion Costs Required to
Provide this Service
Effective 10/1/9&.1ll.
Monthly Customer Charge......................................... $ 6.00 1...00 for Residential or
$15.00 for General Service
applications only if a Customer Charge
is not already being billed on another
metered account at the premise on a
firm rate schedule
Note: The total energy charges for this service including all adjustments, facilities charges,
taxes, etc. may be expressed as a rate .per gallon equivalent of gasoline.-
19l m Propane Gas Emergency Generator or Other Standby Service (Rate LPS): LP gas service to an
account separately established for back-up service, either metered or bulk delivered, where no
other substantial gas service is used for year round purposes.
Monthly Customer Charge ............ ........ .... ...... ............... $25.00
Non.fuel Energy Charge:
Per gallon....... .... ....... .................... ........ .... ........ $ O. 360 0.39Q
I = Per therm.... ... ....... .... ........ ....... ... .,...... .......... $ 0.383 Oa426'
Minimum Monthlv Bill..... ..... ....a..... I........ ........... ............ $25.00
Initial Usage Charge...........................................A one-time charge for the number of
gallons required to Initially fill the LP tank
(size as requested by the customer)
Effective 1011196
Nan Fuol Energy CharfJot
por gallon.. ......."..,............ .... ............. ......... t 0.320
Por ttlorm,. .... ....,........... ....... ............,....".... $ 0,360
8
, . . ",' .... , .. ' J ... . ~ ~ ~ ._ 4
A IT ACHMENT I
APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES
(3) Other Gas Charges. The following charges and fees may also be applied to customers of the
Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate:
(8) FacI1ities Contract Charge (Rider FCC): A rider applicablo to any of the above rates to cover
installation of facilities beyond those typically provided to other customers of the class or beyond
the costs incorporated into the applicable gas rate.
On-Going FCC Charges ..........................A monthly charge calculated to cover the on-going
estimated maintenance costs associated with the
special or additional facilities. These charges will
be contractual and subject to annual revisions
upward based on the CPI index or based on a
revised cost calculation at the discretion of the City
Manager.
Time-limited FCC Charges......................A monthly charge calculated to cover the costs
associated with additional facilities as requested by
the customer, excess main and service construction
costs which do not meet the Construction Feasibility
formula, or appliance/equipment sales costs. The
Interest rate will be established contractually the
currently applicable cost of marginal funds at to the
gas system (gas revenue bonds or other financing
instruments). The interest rate will be set by
contract and approved by the City Manager based
on a review of the currently applicable financing
rates available to the gas system and may be revised
from tlme-ta-time
Public Fill Station Facilities Charge ...........A natural gas per therm or propane (LP) per gallon
charge calculated to recover the common facilities
costs to provide such service. This will be
calculated and may be updated from time-to-time by
the gas system and approved by the City Manager.
(b) Purchased Gas Adjustment (Rider PGAJ: A rider applicable to all natural gas therm rates and
propane (LP) gallon rates to recover the cost of the CGS's purchased gas supply, including losses
and use by gas system facilities/equipment. The currently calculated PGA rates for all rate schedules,
unless specifically broken out by contract, are:
Natural Gas Firm Standard Rate Schedule PGA, per therm............$ 0.300 p.340
Natural Gas Interruptible and Contract(Non-Standard)
Rate Schedule PGA, per therm...................................... $ 0.230 p.223
Propane (LP) Gas Rate Schedule PGA
Per gallon......... ... 11.11 ..... I' ... .... II.... I' ... '" .... II... .,. $ 0.-<180 O.52Q
l = Per therm...... ". '" ... ................ .,. I" I' .... .... .,, 1,.,1... $ 0.626 0.5681
The above PGA rates are based on 4-2 month& ending April, 1996 aetual 1M..Weighted Average Cost
of Gas (WACOG) 8S currently prQjected for the second half of FY 95/96 without recovery l\iustment
for past periods. These PGA Rates will normally be adjusted semi annually In April and October and
may be adjusted upward or downward from time to.tlme with the approval of the City Manager based
on actual and projected supply costs and projected consumption levels in order to recover the total
cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas.
.- .'"- -----.._~~ -.- ..-~--,,..... ., . ~ .
A ITACHMENT 1
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
The over or under recovery of these PGA costs will be computed monthly and an adjustment in the
PGA rate will be made at the discretion of the City Manager; however, the PGA rate will be adjusted
anytime the over or under recovery for either natural or propane (LP) supply gas exceeds or is
projected to exceed $100,000. The differential between the Natural Gas Firm Standard Rate
Schedule PGA and the Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA will
be computed for each semi annual period based on the available records for the most recent twelve
(12) months by dividing the transmission pipeline -Reservation Charges. component of the WACOG
by the therms sold to all of the Natural Gas Firm Standard Rate Schedules. The Gas System may also
segment specific gas purchases for specific targeted customer(s) based on contract.
(c) Energy ConseNation Adjustment (Rider ECA): A rider applicable to all firm standard natural gas therm
rates and standard propane (LP) gallon rates to recover the cost of energy conservation
programs undertaken by the Clearwater Gas System and approved by the City Manager. The ECA will
not be applied to interruptible natural gas or contract rates. The currently calculated ECA rates are:
Natural Gas Rate Schedule ECA, per therm................................$ 0.023 0.020
Propane (LP) Gas Rate Schedule ECA:
Per gallon.. ... t...... ". '" ................. ... ....... ....... ................$ 0.021 0..01 B
(= Per therm.....................................#................"..........$ 0.023 0.020)
The above ECA rates are based on twolve (121 months onding aotual expense levels JlS currently
prQjected for the second half of FY 95/96 without recQvery ajustment for past periods. These ECA
rates will normally be reviewed semi-annually in April and October and may be adjusted upward or
downward from time-to-time with the approval of the City Manager based on actual and projected
energy conservation program costs and projected consumption levels in order to recover the total cost
of applicable ga~ system programs as approved by the City Manager since March 1, 1995, including
energy conservation programs. The over or under recovery of these ECA costs will be computed and
an adjustment in the ECA rate will be made at the discretion of the City Manager; however, the ECA
rate will be adjusted anytime the over or under recovery exceeds or is projected to exceed $' 00,000.
(d) Environmental Imposition Adjustment (Rider EIA): A rider applicable to all firm standard natural gas
therm rates and standard propane (LP) gallon rates to recover the cost of environmental programs
imposed on the Clearwater Gas System by Federal, State and Local regulatory agencies. The EIA will
not be applied to interruptible natural gas or contract rates. The currently calculated EIA rates are:
Natural Gas Rate Schedule EIA, per therm.................................$ 0.005
Propane (LP) Gas Rate Schedule EIA
Per gallon................ .... ..................... ..... .....,.......... .... $ 0.005
I = Per therm...... I....... I........ I............. ............ ......, ... ... $ 0.0051
The above ErA rates are hased on twolvo (, 2) months ending the rates as approve<t by the City
Manager effective April 1, 1996. based on actual expense levels. These EIA rates will normally be
reviewed semi annually in April and October and may be adjusted upward or downward from time-to-
time with the approval of the City Manager based on actual and projected environmental project costs
and projected consumption levels In order to recover the total cost of gas system environmental cost
Impositions as approved by the City Manager since February 1, 1993, as well as the labor and other
costs attributable to such environmental projects. The over or under recovery of these EtA costs will
be computed and en adjustment in the EIA rate may be made at tho discretion of the City Manager;
however, the EIA rate will be adjusted anytime the over recovery exceeds or is projected to exceed
the plan by $100,000. These EIA costs may be recovered over an extended time period as approved
by the City Maneger.
10
. . J '
. ., ,., ,
. ," ' .. ' "
. ' _ ~_h_ _~___._ _ .__ h ____ ~ _.._' _ h'_ __ _' _ .._~~, _.:.._______.. _..___________,__~---------~-----"'-'-- ,~--..~--.. n -, - h..h_ ------ h'_ -
ATTACHMENT I
APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES
(e) Weather Normalizstion Adjustment (Rider WNAJ: A rider applicable to all firm standard natural gas
therm rates and standard propane (LP) gallon rates to recover loss of revenues to the Clearwater Gas
System due to unusually warm winter weather or to return excess revenues to the customers due to
unusually cold winter weather. The WNA will not be applied to interruptible natural gas or contract
rates. The WNA rate will 'nitiall', be is currently set at:
Natural Gas Rate Schedule WNA, per therm........................... $ 0.000
Propane (LP) Gas Rate Schedule WNA, per gallon................... $ 0.000
The WNA rates will be reviewed at the end of each winter season and may be implemented based on
actual heating degree day data, the gas system's projections of the impact of this weather on
revenues, and projected consumption levels. The implementation of the WNA will be at the sole
discretion of the City Manager only if the heating degree day data for the winter season exceeds at
least a 10% variation from the ten (10) year historical average and the City Manager determines that
this has created a material impact on the earnings of the Clearwater Gas System for the year
warranting the WNA implementation. Any over or under recovery or distribution may be credited or
debited to the PGA at the discretion of the City Manager upon discontinuance of the charge/credit
from the previous winter season.
(1) Franchise and Other City/County Fees Recovery Clause (Rate FFRJ: A charge levied by the
Clearwater Gas System on every purchase of gas within a municipality or county area to recover the
costs assessed by governmental entities in accordance with the franchise agreement in force between
the City of Clearwater and that other governmental entity and including any other otherwise
unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental
entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within
such municipality or county area. The fees collected within each governmental jurisdiction shall be
used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions
levied on services within that governmental jurisdiction. Within the City of Clearwater where a
franchise agreement is not in force, the City of Clearwater will levy a 6% Payment in Lieu of Taxes on
all gross natural gas sales excluding interruptible and contract services and the Clearwater Gas System
will bill this in the same manner as if it were a franchise fee.
(g) Tax Clause (TAX - VariousJ: All taxes due the appropriate governmental entities (such as but not
limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal
utility tax, and others which may be legally levied from time to time on the purchase of gas) will be
billed to the customer receiving such service and rendered to the governmental entity in accordance
with the applicable statute, ordinance, or other legally enforceable rule.
ATTACHMENT 1
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
(h) Other Miscellaneous Gas Charges: The following charges are applicable whenever applicable gas
services are rendered the customer:
Meter turn-on residential (per account for new customers, seasonal reconnects, and after
nonpayment disconnect Including turn-on of pilot lights) ...........................................$25.00
Meter turn-on commerciallindustrial (per account for new customers, seasonal reconnects, and
after nonpayment disconnect including turn.on of pilot lights) ................................... $60.00
Meter Read for account change (no meter turn-on required but may include turn-on of gas
pilot light), .,.. 1..1 I.... I' '" .,.. 1,..1..1. I' 't' '" ....... 11.1,.. II It. '" .t... II.. II .... I" "- '" ................... .,. $25.00
Meter turn-on surcharge - same day service (per account as requested by the
customer) II... II.. ...... II .t_..... II.. II' It_ .t' ,t...,. II..... I' II' ... .,... II.. I' .1.. II' '" '" ........ II ....t. .,.. II $25.00
Replace broken stop locks on meter .......................................................................$30.00
Relocate gas meter .. .... ........... ... ... ... .... '" ............ ... ............ ... ... ... ... ........ Time & Materials
Turn-on gas pilot lights only (per account) ...............................................................$20.00
Turn-off gas pilot lights only (per account) ..............................................................$15.00
Repair or installation work
.. 1 person crew time on-site ...............................................................$40.00/hour
.. 2 person crew time on-site .................................................................$72.00~our
Overtime surcharge (as requested by the customer) ................................ Double normal rate
Special meter reading (per account at customer request) ......................................... $15.00
Gas meter test - if results are within limits (per meter at customer request) ................ $25.00
Reset gas meter after customer requests removal (per meter) ....................................$60.00
Unauthorized meter bypass or hookup ........................................ ......... ......Time & Materials
Other services not normally provided .................. ............... ...... ......... ........ Time & Materials
Collector fee ............ ...... I...... I... ......................... ... .... .,... .....,.., ... .... ........ See Appendix A
Public Works Utility Tariffs, Section (4) (a) 3
Dishonored check service fee ....................................................... See Code of Ordinances,
Section 2.528
Missed appointment - Customer not present at as arranged .......................................$15.00
leak inspection .. ... ...... .., ................., ................... ... ... 11........,....... ... ... ....... ...... .No Charge
Special seasonal gas turn-on ........................................... The City Manager is authorized to
reduce or eliminate the normal gas turn-on
charge during 8 period beginning not
earlier than August 15th and extending
through not later than November 15th to
attempt to levelize the workload at the
beginning of the heating season.
Effective 10/1/97:
Repair or Installation work
-, person crew time on-site.................................... .:.................... .......$44.00/hour
-2 person crew time on-site.......................................................... ....... $80.00lhour
12
~ .'.. . .' I . . >I . ~ ... - ~ - .-
..
A IT ACHMENT 1
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
(4) Gas Contract and Rate Application Policies: The following represent policies of the City of Clearwater
as applied by the Clearwater Gas System:
(a) Uniformity of Rate and Service Application;. To the extent that the customer requests a review of
hislher rate account, all rates, charges and contract provisions are intended to be consistently and
uniformly applied to all customers of the same type with the same usage characteristics, fuel options,
and equipment capabilities. Any customer who feels that they have been treated unjustly and is
unable to resolve the dispute with Clearwater Gas System personnel and management has full access
to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of
Ordinances (!i 32) including appeal rights to the Gas System Managing Director. If the customer
remains dissatisfied after attempting to resolve the problem with the Gas System Managing Director,
they may register 8 formal complaint by directing their concern In writing to the City Manager who will
schedule 8 meeting with the customer to determine the facts and make a final ruling on the resolution
of the dispute.
(b) Contract Rate Level Determination: It is the policy of Clearwater Gas System to offer a customer
or potential customer who currently uses or has access to an alternate energy source and has the
capability to use this alternate energy source, a rate level which is up to 5% below that alternative,
provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas
System and the extension of any capital investment to serve such a customer falls within the normal
gas system construction feasibility formula. Where the capability to use such alternative energy
source will require an initial additional capital outlay by the customer, the up to 5% lower level may
be based on a net present value calculation over the expected life of the facility.
(c) Rate Schedule Reductions: The City Manager is authorized to reduce the billing charge(s) for any
rate schedule(s) towards achieving the "cost of service based rates. as recommended in the most
recent rate study done for the Clearwater Gas System.
(d) Main and Service Extension Construction Feasib/7ity: Whenever a perspective customer requests a
new gas service, the Clearwater Gas System will extend service to the prospective customer under
the following conditions:
1. Design considerations - The extension of gas service to the perspective customer can be
reasonably accomplished within good engineering design, access can be secured though
easements or right-of-way, and the service will not jeopardize the quality of gas service to
existing customers.
2. Main line Extension Construction Feasibility - The maximum capital investment which will
be made by the Clearwater Gas System to extend main lines and services to serve a new
customer(s) shall be seven (7) times the estimated annual gas revenue to be derived from the
facilities less the cost of gas and the cost of monthly meter reading, customer accounting and
billing. The formula shall be:
Non.Fuel Energy Rate X Estimated Annual Therms/Gallons .=.
Estimated Annual Gas Non-Fuel Revenues X 7 Years =
Maximum Investment for Construction Feasibility
Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer
accounting and billing.
13
^ IT ACHMENT 1
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
3. Service Line Extensions. The Clearwater Gas System will install gas service lines off of the main
line at no charge to the customer under the following circumstances:
· A year round customer has installed gas equipment with an estimated minimum
annual consumption of two (2) therms per foot of service line required, or
· The cost of such service line extension meets the Maximum Investment for Construction
Feasibility (as defined in .&4..,. above).
· Customers who do not meet the criteria for service extensions as set forth above will either be
charged the estimated construction cost per foot for the excess footage or pay a CIAC to cover the
deficiency amount from the above Construction Feasibility formula or enter into a Facilities Charge
contract sufficient to cover this deficiency plus interest within a period of seven (7) years.
4. Customer Contribution Required. If the capital construction costs to extend the main
exceed the Maximum Investment for Construction Feasibility, the developer/customer(s) will
be required to either provide a Contribution in Aid of Construction (CIAC) to cover the excess
investment amount or satisfy this deficiency by entering into a Facilities Charge contract
sufficient to cover this deficiency plus interest within a period of seven (7) years. Such
Facilities Contract Charges may be reduced or potentially discontinued entirely to the extent
that other customer(s) are added beyond the initial customer(s), the facilities covered by the
Facilities Contract Charges are used to serve these additional customer(s), and to the extent
that there are calculated excess dollars above the additional customer(s) Maximum Investment
for Construction Feasibility minus the capital construction costs for the mains to serve these
additional customer(s).
5. Conversion of Equipment to Natural Gas - The Clearwater Gas System will convert the
customer's existing orifice(s) to accept natural gas at no cost to the customer, provided that
for Commercial and Industrial customers the use is year round; the customer enters into 8 five
(5) year contract to exclusively use the natural gas service of the Clearwater Gas System; and
this amount, when added to the other cost to serve amounts, is still renders the project
feasible.
6. Relocation of Gas Service FacHities - When alterations or additions to structures or
improvements on customer's premises require the Clearwater Gas System to relocate
metering, service line, or main line, or when such relocation is requested by the customer for
whatever reason, the customer may be required to reimburse the Clearwater Gas System for
all or any part of the costs incurred to accomplish such relocation of gas system facilities.
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COP/E STD'
COMMISSION
MAY 1 7 1996
CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
PI1c:~S
CLERK I ATTORNEY
Copies:
Betty Deptula, City Manager
Chuck Warrington, Gas System Managing Director ;
Kathy Rice, Deputy City Manager; Margie Simmons, Finance Director; CGS Lead
Team
To:
From:
SUBJECT:
Clearwater Gas System Return on Investment
Date:
May 16, 1996
I would like to clarify the various methodologies that we have discussed over the past week in
response to Commissioner Seel's and other's questions regarding our Return on Investment As I
understood the initial question, it was in the same vein as was discussed with former Commissioner
Thomas in August 1993 during the first Strategic Plan meeting. At that time we were asked what
our return to the General Fund was from the viewpoint of the City looking at the Gas System as a
stockholder. What we agreed to then was:
Return on Investment = l2iYidmd + Adroinistrative InterfundJransfer
Gas Fund Equity
From this viewpoint the numbers are:
Actual ROI for FY 92/93 = ($ 224,290 + $554,850) / $9,983,519 = 7.8%
Actual ROI for FY 94/95 = ($1,000,000 + $572,520) / $10,241,126 = 15.4%
Projected ROI for FY 01102 = ($1,020,608 + $690,259) I $12,214,129 = 14.0%
It should be noted that this methodology includes Administrative Interfund Transfer on the basis
that the personnel covered by this transfer are not easily cut if the Gas System were eliminated (Le.,
City Commission, City Manager's staff, City Clerk's staff, City Attorney's staff: Finance
Department, Budget Department, Hwnan Resources, etc.). Therefore, as we see it, for the most
part this transfer payment is more of a City funding source rather than a payment for direct service.
- ' - ~--_.._.
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.,
Betty Deptula, City Manager
Page 2
May 16, 1996
Former Commissioner Thomas suggested that perhaps a fair treatInent would be to consider 50 -
70% of the Administration Interfund Transfer as income to the City, and we closed our discussion
on this subject with an estimate that cas returned 13 - 15% to the City. It was this level that the
Commission locked in at that time to assure that return continued during the Strategic build-up time
period. It should also be noted that we used end of the year fund equity balances in the above
calculations, whereas if we had used annual average fund equity it would inflate the above returns
slightly.
When you asked Margie Simmons to look at the Return on Investment question, she took a
textbook approach and looked at return from the broader City perspective, taking into consideration
the Net Income prior to Dividend payout (includes annual funds retained in the Gas System) and
dividing by average Retained Earnings. This also removed Contributed Capital from the equation.
Her fonnula for Return on Investment is:
Return on Investment =
+ ..
Average Net Worth
From this viewpoint the numbers are (with FY 01/02 added):
Actual ROI forFY92J93 =($1,465,511 +$ 224,290)/(($ 7,881,749+$ 9,347,260)/2)= 19.6%
Actual ROI for FY 94/95= (- $265,403 + $1,000,000) / (($ 9,849,023 + $ 9,583,620) / 2) = 7.5%
Projected ROI for FY 01/02=($986,093 + $1,020,608) / (($10,330,530 + $11,316,623) / 2) = 18.5%
Recently the Florida Public Service Commission has allowed investor-owned utilities a Rate of
Equity Return on Investment in the neighborhood of 11 - 12%.
Additionally, Commissioner Seel' s representative to the Fiscal Review Committee, John Rich,
asked for a computation of the Return on Total Assets, which we would compute as:
Return on Total Assets =
Average Total Assets
From this viewpoint, the nwnbers are:
Actual ROA for FY 94/95 = (-$265,403 + $1,000,000) / (($30,081,894 + $31,174,504) / 2) = 2.4%
Projected ROA for FY 01/02 = $2,006,701 / about $60,000,000 = about 3.3%
This later indicator is not very useful for capital intensive utilities as it places outstanding bonds in
the denominator without accounting for bond payouts in the nwnerator.
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Betty Deptula, City Manager
Pagei
May 16,1996
We believe that any of the above fonnulas demonstrate that our Strategic Plan will provide an ever
improving opportunity for Gas System growth in value and long-term growth of transfer payments
to the City's General Fund to offset ad valorem taxes for our citizens. I would welcome any
additional questions that you may have on this.
CSW/csw
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QRDlNANCl: ~O. 6024-9ti
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF
CAROL DRIVE AND WEST OF BETTY LANE, CONSISTING OF
LOT 27, BLOCK A, STEVENSON'S HEIGHTS SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1500 STEVENSON DRIVE,
INCLUDING THE ABUTrING RIGHTS-OF-WAY ALONG
STEVENSON'S DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
~o
Ordinance No. 6024.96
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 27, Block A, Stevenson's Heights, according to the map or plat thereof as recorded
in Plat Book 34, Page 13, of the public records of Pinellas County, Rorida. (A96-15)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 Central 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 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
May 16, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Comrnissioner
Approved as to form and
'llegal ufficlency:
',1)
L; (
Leslie K. Douga I-Side
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
12/02
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(1943)
DB.'22t-43)
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1%59 3
IZZI 13
.--
PROPOSED ANNEXATION
AND ZONING
OWNER: Baker and Williamson
Enterprises, loe
ADDRESS: 1500 Stevenson Drive
ZONING
A: 96-15
PROPERTY DESCRIPTION:
Lot 27, Brk A, Stevenson's Height
COUNTY:
CITY:
. C-2
CG
RIGHT-of-WAY:
ACRES: 0.23
ACRES:
ATLAS PAGE: 269B
PLANNING AND ZONING BOARD: May 7, 1996
SEe: 10 lWP: 29 S RGE: 15 E
CITY COMMISSION: May 16, 1996 .
EXHIBIT A
". . , . ... + ~ . .. ~
. , ", ' ". .
OROINANCE NO. 6025-96
~\
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATlAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED SOUTH OF CAROL
DRIVE AND WEST OF BEllY LANE, CONSISTING OF lOT 27,
BLOCK A, STEVENSON'S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1500 STEVENSON DRIVE, INCLUDING THE
ABUTTING RIGHTS-OF-WAY ALONG STEVENSON DRIVE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
GENERAL COMMERCIAL (CG); 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, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CllY OF
CLEARWATER, FLORIDA:
Section~. 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
amended, as follows:
~
Zoning District
Lot 27, Block A, Stevenson's Heights,
according to the map or plat thereof as
recorded in Plat Book 34, Page 13, of
the public records of Pine lias County,
Florida. (A96-15)
CG - General Commercial
Section 2. The Central Pennitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
adoption of Ordinance NO.6024-96.
PASSED ON FIRST READING
May 16, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey Mayor-Commissioner
Approved as to form and
:LCkJ
Pamela K n
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance .0. '025."
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PROPOSED ANNEXATION
AND ZONING
~~ ,;] \
ZONING
A: 96-' 5
PROPERTY DESCRIPTION:
Lot 27, Blk A, Stevenson's Height
OWNER: Baker and Williamson
Enterprises, lne
ADDRESS: , 500 Stevenson Drive
COUNTY: C-2
CrrY: CG
ATlAS PAGE: 269B
PlANNING AND ZONING BOARD:
May 7, 1996
ACRES: 0.23
RIGHT-of-WAY: ACRES:
SEC: 10 TWP: 29 S RGE: 15 E
CITY COMMISSION: May 18, 1996
ORDINANCE NO. 6026-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF
BRATTLE LANE AND WEST OF POPPYSEED COURT,IN
SECTION 17, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2730 CURLEW ROAD, 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:
See Exhibit B attached. (A96-16)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 Central Permitting Director are directed to inetude 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 the
Circuit Court and with the County Administrator of Pine lias County, Aorida, 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
May 16, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest
Leslie K. Dougall I s
Assistant City Atto ey
Cynthia E. Goudeau
City Clerk
Ordinance No. 6026.96
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PROPOSED ANNEXATION
AND ZONING
~~
OWNER: Burke, K P
A: 96-16
PROPERTY DESCRIPTIOfi:
M&B 31-03
ADDRESS: 2730 Curlew Rd
ZONING
COUNTY:
CITY:
A-E
RM 8
RIGHT -of-WAY:
ACRES: 1.4
ACRES:
ATLAS PAGE: 178A
PLANNING AND ZONING BOARD:
SEe: 17 TWP: 28 S RGE: 16 E
CllY COMMISSION:
lBIT A
Ordinance No. 6026-96
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EXHIBIT 8
LEGAL DESCRIPTION
Commence at the center of Section 17, Township 28 South, Range 16 East; thence run S 00
32' 12" E, along the East line of the NE 1/4 of the SW 1/4 of said Section 17, for 50.00 feet;
thence N 890 48' 32" W, along the Southerly right-of-way line of State Road 586 for 769.73
feet; thence continue along said right of way line N 89048' 32" Wfor 125.47 feet; thence S 00
11' 28" Wfor 10.00 feet; thence N 89048' 32: W for 39.00 feet for a Point of Beginning;
Thence from this Point of Beginning continue N 890 48' 32" W for 60.92 feet; thence along a
curved concaved to the North, having a radius of 1969.83 feet for an arc distance of 15.32
feet, said arc being subtended by a chord of N 890 36' 44" W for 15.32 feet; thence S 00 28'
44" E for 430.08 feet; thence S 890 48' 32" E for 239.02 feet; thence N 00 28' 44" W for 98.00
feet; thence N 68049' 00" W for 89.31 feet; thence N 00 28' 44" W for 110.34 feet; thence N
73000' 00" Wfor 101.14 feet; thence N 00 28' 44" Wfor 121.00 feet; thence N 45011' 28" E
for 20.42 feet; thence N 00 11' 28" E for 25.00 feet to the Point of Beginning.
Ordinance No. 6026.96
OROltiANCe NO. 6027-9j
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATlAS OF THE CITY BY ZONING
CERTAIN REAL PROPERlY LOCATED NORTH OF BRAlTLE
LANE AND WEST OF POPPYSEED COURT, IN SECTION 17,
TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2730 CURLEW ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS MULTI-
FAMILY RESIDENTIAL 8 (RM-8); PROVIDING AN EFFECTIVE
DATE.
~3
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, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias County I Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
See Exhibit A attached. (A96-16)
Zoning District
RM-8 - Multi-Family Residential 8
Section 2. The Central Pennitting Director is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6026-96.
PASSED ON FIRST READING
May 16 , 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
I~a . sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
Document No 6027.96
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EXHIBIT A
LEGAL DESCRIPTION
:'
Commence at the center of Section 17, Township 28 South, Range 16 East; thence run S 00
32' 12. E, along the East line of the NE 1/4 of the SW 1/4 of said Section 17, for 50.00 feet;
thence N 890 48' 32" W, along the Southerly right-of-way line of State Road 586 for 769.73
feet; thence continue along said right of way line N 890 48' 32. W for 125.47 feet; thence S 00
11' 28. W for 10.00 feet; thence N 890 48' 32: W for 39.00 feet for a Point of Beginning;
Thence from this Point of Beginning continue N 890 48' 32. W for 60.92 feet; thence along a
curved concaved to the North, having a radius of 1969.83 feet for an arc distance of 15.32
feet. said arc being subtended by a chord of N 890 36'44. Wfor 15.32 feet; thence S 00 28'
44. E for 430.08 feet; thence S 890 48' 32. E for 239.02 feet; thence N 00 28' 44. W for 98.00
feet; thence N 68049' 00. W for 89.31 feet; thence N 00 28' 44. W for 110.34 feet; thence N
73000' 00- W for 101.14 feet; thence N 00 28' 44. W for 121.00 feet; thence N 450 11' 28. E
for 20.42 feet; thence N 00 11' 28. E for 25.00 feet to the Point of Beginning.
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Document No 6027.98
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PROPOSED ANNEXATION
AND ZONING
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OWNER:
Burke, K P
A: 96-16
PROPERTY DESCRIPTION:
M&B 31-03
ADDRESS:
2730 Curlew Rd
ZONING
COUNTY:
CITY:
A-E
AM 8
RIGHT -of-WAY:
ACRES: 1.4
ACRES:
ATlAS PAGE: 178A
PlANNING AND ZONING BOARD:
SEe: 17 TWP: 28 S RGE: 16 E
CITY COMMISSION:
Ordinance No. 6027-96
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Item # 24
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ORDINANCE NO. 6030-96
AN ORDINANCE PROVIDING FOR THE ADVANCE
REFUNDING OF THE OUTSTANDING GAS SYSTEM
REVENUE BONDS, SERIES 1991, OF THE CITY OF
CLEARWATER, FLORIDA; PROVIDING FOR THE ISSU-
ANCE OF NOT EXCEEDING $8,500,000 GAS SYSTEM
REVENUE REFUNDING BONDS, SERIES [TO BE DETER-
MINED] , AS ADDITIONAL PARITY OBLIGATIONS OF,
THE CITY PURSUANT TO THE CITY'S ORIGINAL ORDI-
NANCE, TO BE APPLIED TO ADVANCE REFUND SUCH
OUTSTANDING OBLIGATIONS; PLEDGING THE NET
REVENUES OF THE SYSTEM TO SECURE PAYMENT OF
THE PRINCIPAL OF AND INTEREST ON THE BONDS;
PROVIDING FOR THE RIGHTS OF THE HOLDERS OF
SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF;
MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS
IN CONNECTION THEREWITH; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, as follows:
SECTION 1. AUTHORITY FOR THIS ORDINANCE: ORDINANCE TO BE
SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions
of Chapter 166, Part II, Florida Statutes, and other applicable
provisions of law (the "Act") and the original Ordinance, herein-
after defined. This Ordinance is supplemental to the Original
Ordinance and all provisions of the original Ordinance not
supplemented, modified, superseded or repealed by the provisions
hereof shall (a) remain in full force and effect, (b) apply to the
1996 Bonds, hereinafter defined, to the same extent and in the same
manner as such provisions apply to the Parity Bonds, hereinafter
defined, and (c) are incorporated herein by reference as if fully
set forth.
SECTION 2. DEFINITION~. Unless the context otherwise
requires, the terms def ined in this Ordinance shall have the
meanings specified in this section, and any capitalized terms not
defined herein shall have the meanings specified in Section 2 of
the Original Ordinance. Words importing singular number shall
include the plural number in each case and vice versa, and words
importing persons shall include firms and corporations.
"Additional Parity Obligations" shall mean additional
obligations issued in compliance with the terms, conditions and
limitations contained in the Original Ordinance and in this
Ordinance and which (i) shall have a lien on the Pledged Revenues
equal to that of the Parity Bonds and the 1996 Bonds, (ii) shall be
the investment ot funds, unless otherwise provided herein, by the
Issuer or accruinq to it in the operation of the System, all
calculated in accordance with sound accounting practice.
"Holder of Bonds" or "Bondholders" or any similar term shall
mean any person who shall be the registered owner ("Registered
Owner") of any registered Bond, as shown on the books and records
of the Bond Registrar. The Issuer may deem and treat the person in
whose name any Bond is registered as the absolute owner thereof for
the purpose of receiving payment of, or on account of, the princi-
pal or redemption price thereof and interest due thereon, and for
all other purposes.
"Issuer" shall mean the city of Clearwater, Florida.
"Net Revenues" shall mean Gross Revenues less Cost of Opera-
tion and Maintenance.
"1996 Bonds" shall mean the obligations of the Issuer autho-
rized to be issued pursuant to Section 5 of this Ordinance, which
1996 Bonds are to be issued in one or more series, with each series
to be separately designated in accordance with subsequent
resolutions to be adopted by the Issuer prior to the issuance of
any series of 1996 Bonds.
"Ordinance" shall mean this ordinance of the Issuer as here-
after amended and supplemented from time to time in accordance with
the provisions hereof.
"Original Ordinance" shall LIe an city of Clearwater Ordinance
No. 5118-91 as thereafter amended and supplemented from time to
time in accordance with the provisions thereof.
"Parity Bonds" shall mean the outstanding Gas System Revenue
Bonds, Series 1991, Gas System Revenue Bonds, Series 1994A, and any
bonds issued under the authority of the Original Ordinance or the
city of Clearwater Ordinance No. 5665-94.
"Refunded Bonds" shall mean the portion of the city of
Clearwater, Florida, Gas System Revenue Bonds, Series 1991, dated
September 1, 1991, for which the future payments of principal,
premium, if any, and interest has been provided for in an
irrevocable escrow in accordance with the Escrow Deposit Agreement
with proceeds of the 1996 Bonds, which are so designated by the
Issuer prior to the issuance of any series of 1996 Bonds.
"Reserve Requirement" for each series of Bonds shall be as
determined by subsequent resolution of the Issuer. The Reserve
Requirement for the 1996 Bonds shall be the lesser of (i) the
Maximum Bond Service Requirement of the 1996 Bonds, (ii) 125' of
the average annual Bond Service Requirement of the 1996 Bonds, or
(iii) lot of the net proceeds of the 1996 Bonds.
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"System" shall mean the complete gas system now owned,
operated and maintained by the Issuer, together with any and all
assets, improvements, extensions and additions thereto hereafter
constructed or acquired.
SECTION 3.
declared that:
FINDINGS.
It is hereby found, determined and
(A) The Issuer has heretofore enacted the Original Ordinance
authorizing the issuance of certain obligations to be secured by
and payable from the Net Revenues, and providing for the issuance
of Additional Parity Obligations, upon the conditions set forth
therein, to be payable on a parity from such Net Revenues.
(B) The Issuer has previously issued the Refunded Bonds and
deems it necessary and in its best interest to provide for the
refunding of the Refunded Bonds. The refunding program herein
described will be advantageous to the Issuer by providing a net
present value reduction in the amount of debt service secured by
the System, resulting in a lessening of pressures to increase
System rates.
(C) From the proceeds of the 1996 Bonds and other funds
available therefor, there shall be deposited pursuant to the Escrow
Deposit Agreement a sum which, together with the principal and
income from the Federal securiti~s to be purchased pursuant to such
agreement, will be sufficient to make timely payments of all
presently outstanding principal, redemption premium, if any, and
interest in respect to the Refunded Bonds, as the same come due
and/or redeemable. Such funds and principal and income from
investments shall also be sufficient to pay when due all expenses,
if any, described in the Escrow Deposit Agreement.
(D) The costs associated with such refunding program shall be
deemed to include legal expenses, fiscal expenses, rating agency
fees, expenses for estimates of costs and of revenues, accounting
expenses, municipal bond insurance premiums, costs of printing,
fees of financial advisors, fees for escrow structuring and
verification, accrued and capitalized interest, provisions for
reserves, and such other expenses as may be necessary or incidental
for the financing herein authorized.
(E) The Revenues are not pledged or encumbered in any manner
except for the prior payment from the Net Revenues of the principal
of and interest on the Refunded Bonds, which pledge and encumbrance
shall be defeased pursuant to the refunding herein authorized, and
the Parity Bonds.
(F) The principal of and interest on the 1996 Bonds and all
required Sinking Fund, Reserve and other payments shall be payable
solely from the Net Revenues derived from the operation of the
System, as provided herein and in the Original Ordinance. The 1996
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Bonds shall not constitute an indebtedness, liability, general or
moral obligation, or a pledge of the faith, credit or taxing power
of the Issuer, the state, or any political subdivision thereof,
within the meaning of any constitutional, statutory or charter
provisions. Neither the state ot Florida, nor any political
subdivision thereof, nor the Issuer shall be obligated (1) to levy
ad valorem taxes on any property to pay the principal of the 1996
Bonds, the interest thereon, or other costs incidental thereto or
(2) to pay the same from any other funds of the Issuer except from
the Net Revenues, in the manner provided herein and in the Original
Ordinance.
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The 1996 Bonds shall not constitute a lien upon the system, or
any part thereof, or on any other property of the Issuer, but shall
constitute a first and prior lien only on the Net Revenues in the
manner provided herein and in the Original Ordinance.
(G) The estimated Net Revenues to be derived from the opera-
tion of the System will be sufficient to pay all principal of and
interest on the Parity Bonds and the 1996 Bonds, as the same become
due, and to make all required Sinking Fund, Reserve and other
payments required by this Ordinance and the Original Ordinance.
(H) The Original Ordinance, in section 16(T) thereof,
provides for the issuance of Additional Parity obligations under
the terms, limitations and conditions provided therein.
(I) The Issuer has complied with the terms, conditions and
restrictions contained in the Original Ordinance. The Issuer is,
therefore, legally entitled to issue the 1996 Bonds as Additional
Parity obligations within the authorization contained in the
Original Ordinance.
(J) The 1996 Bonds herein authorized shall be on a parity and
rank equally, as to lien on and source and security for payment
from the Net Revenues and in all other respects, with the Parity
Bonds.
SECTION 4. THE ORDINANCE TO CONSTITUTE CONTRACT. In con-
sideration of the acceptance of the 1996 Bonds authorized to be
issued hereunder by those who shall hold the same .from time to
time, this Ordinance and the Original Ordinance shall be deemed to
be and shall constitute a contract between the Issuer and such
Holders. The covenants and agreements herein set forth to be
performed by the Issuer shall be for the equal benefit, protection
and security of the legal Holders of any and all of the Bonds, all
of which shall be of equal rank and without preference, priority or
distinction of any of the Bonds over any other thereof, except as
expressly provided therein and herein.
SECTION 5.
REFUNDED BONDS.
~UTH9RIZATION OF 1996 BONDS AND ~EFUNDING OF TH~
Subject and pursuant to the provisions hereof,
obligations of the Issuer to be known as "Gas System Revenue
Refunding Bonds, Series [to be determined]" herein defined as the
It 1996 Bonds" are authorized to be issued in the aggregate principal
amount of not exceedinq $8,500,000 to (i) finance the refunding of
the Refunded Bonds, (ii) make a deposit to the Reserve Account in
the Sinking Fund to satisfy the Reserve Requirement (or to purchase
a debt service reserve fund policy or surety, as determined by
resolution of the Issuer adopted prior to the issuance of any
series of 1996 Bonds) and (iii) pay the costs of issuance of the
1996 Bonds.
The refunding of the Refunded Bonds is hereby authorized in
the manner provided herein.
SECTION 6. D~SCRIPTION OF 1996 BONDS. The 1996 Bonds shall
be issued in fully registered form; may be Capital Appreciation
Bonds and/or current Interest Bonds; shall be dated; shall be
numbered; shall be in the denomination of $5,000 each or integral
mul tiples thereof for the Current Interest Bonds and in $5,000
maturity amounts for the capital Appreciation Bonds or in $5,000
mul tiples thereof, or in such other denominations as shall be
approved by the Issuer in a subsequent resolution prior to the
delivery of the 1996 Bonds; shall bear interest at a fixed or
floating rate not e~ceeding the maximum rate allowed by law, such
interest to be payable semiannually on such dates and in such years
and amounts; and shall mature on such dates and in such years, and
in such amounts all as shall be fixed by resolution or ordinance of
the Issuer adopted prior to the delivery of the 1996 Bonds. The
1996 Bonds are to be issued in one or more series, from time to
time, either as construction or completion bonds, and if issued in
more than one series, each series is to be separately designated as
determined by resolution of the Issuer adopted prior to the issu-
ance of any such series of 1996 Bonds.
The 1996 Bonds shall be payable with respect to principal (and
Compounded Amount in the case of Capital Appreciation Bonds) upon
presentation and surrender thereof on the date fixed for maturity
or redemption thereof at the office of the Bond Registrar; shall be
payable in any coin or currency of the United states which at the
time of payment is legal tender for the payment of public or
private debts; and shall bear interest from such date, but not
earlier than the date of the 1996 Bonds, as is fixed by subsequent
resolution or ordinance of the Issuer, payable in accordance with
and pursuant to the terms of the 1996 Bonds.
Interest on the 1996 Bonds which are CUrrent Interest Bonds
shall be paid by check or draft mailed to the Reqistered owners, at
their addresses as they appear on the books and records of the Bond
Registrar, at the close of business on the 15th day of the month
(whether or not a business day) next preceding the interest payment
date for the 1996 Bonds (the "Record Date"), irrespective of any
transfer of the 1996 Bonds subsequent to such Record Date and prior
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to such interest payment date, unless the Issuer shall be in
default in the payment of interest due on such interest payment
date. In the event of any such default, such defaulted interest
shall be payable to the Registered OWners at the olose of business
on a special record date for the payment of defaulted interest as
established by notice mailed to the persons in whose names such
1996 Bonds are registered at the close of business on the fifth
(5th) day preceding the date of mailing. Payment of interest on
the 1996 Bonds may, at the option of any owner of 1996 Bonds in an
aggregate principal amount of at least $1,000,000, be transmitted
by wire transfer to such owner to the bank account number on file
with the Paying Agent as of the Record Date upon written request
therefor by the holder thereof for the appropriate interest payment
date.
If the date for payment of the principal of, premium, if any,
or interest on the 1996 Bonds shall be a Saturday, Sunday, legal
holiday or a day on which the banking institutions in the city
where the corporate trust office of the Paying Agent is located are
authorized by law or executive order to close, then the date for
such payment shall be the next succeeding day which is not a
Saturday, sunday or legal holiday or a day on which such banking
insti tutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date
of payment.
The 1996 Bonds may be issued or exchanged for 1996 Bonds in
coupon form, payable to bearer, in such form and with such attri-
butes as the Issuer may provide by supplemental resolutions, upon
receipt of an opinion from a nationally recognized bond counsel
that such issuance or exchange will not cause interest on the 1996
Bonds to be includable in gross income of the Holder for federal
income tax purposes.
SECTION 7. EXECUTION OF BONDS. The 1996 Bonds shall be
executed in the name of the Issuer by its City Manager, counter-
signed by its Mayor-commissioner and attested to by its city Clerk,
and its official seal or a facsimile thereof shall be affixed
thereto or reproduced thereon. The 1996 Bonds shall be approved as
to form and legal sufficiency by the City Attorney of the Issuer.
The facsimile signatures of such officers may be imprinted or
reproduced on the 1996 Bonds. The Certificate of Authentication of
the Bond Registrar, hereinafter described, shall appear on the 1996
Bonds, and no 1996 Bond shall be valid or obliqatory for any
purpose or be entitled to any security or benefit under this
Ordinance unless such certificate shall have been duly executed on
such 1996 Bond. The authorized signature for the Bond Registrar
shall at all times be a manual signature. In case any officer
whose signature shall appear on any 1996 Bonds shall cease to be
such officer before the delivery of such Bonds, such signature or
facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until such
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delivery. Any 1996 Bonds may be signed and sealed on behalf of the
Issuer by such person who at the actual time of the execution of
such Bonds shall hold the proper office with the Issuer, although
at the date of enactment of this Ordinance such person may not have
held such office or may not have been so authorized.
SECTION 8. NEGOTIABILITY AND REGIS~RATION.
(A) NEGOTIABILITY. The 1996 Bonds shall be and shall have
all of the qualities and incidents of negotiable instruments under
the Uniform Commercial Code - Investment Securities of the State of
Florida, and each successive Holder, in accepting any of the 1996
Bonds shall be conclusively deemed to have agreed that such Bonds
shall be and have all of the qualities and incidents of negotiable
instruments under the Uniform Commercial Code Investment
Securities of the State of Florida.
(B) REGISTRATION AND TRAlISFER. There sha1l be' a Bond Regis-
trar for the 1996 Bonds which shall be a bank or trust company
located within or without the state of Florida. The Bond Registrar
shall maintain the registration books of the Issuer and be respon-
sible for the transfer and exchange of the 1996 Bonds. The Issuer
shall, prior to the proposed date of delivery of the 1996 Bonds, by
resolution designate the bank to serve as a Bond Registrar and
Paying Agent. The Bond Registrar shall maintain the books for the
registration of the transfer and exchange of the Bonds in compli-
ance with an agreement to be executed between the Issuer and such
bank as Bond Registrar on or prior to the date of delivery of the
1996 Bonds. Such agreement shall set forth in detail the duties,
rights and responsibilities of the parties thereto.
The 1996 Bonds may be transferred upon the registration books,
upon delivery to the Registrar, together with written instructions
as to the details for the transfer of such 1996 Bonds, along with
the social security or federal employer identification number of
such transferee and, if such transferee is a trust, the name and
social security or federal employer identification numbers of the
settlor and beneficiaries of the trust, the date of the trust and
the name of the trustee. No transfer of any 1996 Bond shall be
effective until entered on the registration books maintained by the
Registrar.
In all cases of the transfer of the 1996 Bonds, the Registrar
shall enter the transfer of ownership in the registration books and
shall authenticate and deliver in the name of the transferee or
transferees a new fully registered 1996 Bond or 1996 Bonds of
authorized denominations of the same maturity and interest rate for
the aggregate principal amount which the Registered OWner is
entitled to receive at the earliest practicable time in accordance
with the provisions of this Ordinance. Any 1996 Bond or Bonds
shall be exchangeable for a 1996 Bond or Bonds of the same maturity
~nd interest rate, in any authorized denomination, but in a prin-
8
cipal amount equal to the unpaid principal amount of the 1996 Bond
or Bonds presented for exchange. Bonds to be exchanged shall be
surrendered at the principal office of the Registrar, and the
Registrar shall deliver in exchange therefor the 1996 Bond or Bonds
which the Bondholder making the exchange shall be entitled to
receive. The Issuer or the Registrar may charge the Registered
Owner of such 1996 Bond for every such transfer or exchange an
amount sufficient to reimburse them for their reasonable fees and
for any tax, fee, or other governmental charge required to be paid
with respect to such transfer or exchange, and may require that
such charge be paid before any such new 1996 Bond shall be
delivered.
All 1996 Bonds delivered upon transfer or exchange shall bear
interest from such date that neither gain nor loss in interest
shall result from the transfer or exchange.
All 1996 Bonds presented for transfer I exchange, redemption or
payment (if so required by the Issuer), shall be accompanied by a
written instrument or instruments of transfer or authorization for
exchange, in form and with guaranty of signature satisfactory to
the Issuer and the Registrar duly executed by the Registered OWner
or by his duly authorized attorney.
SECTION 9. BONQS MUTILATED. DESTROYED. STOLEN OR LOS~. In
case any Bond shall become mutilated, or be destroyed, stolen or
lost, the Issuer may in its discretion issue and deliver a new Bond
of like tenor as the Bond so mutilated, destroyed, stolen or lost,
in exchange and substitution for such mutilated Bond upon surrender
and cancellation of such mutilated Bond or in lieu of and substi-
tution for the Bond destroyed, stolen or lost, and upon the Holder
furnishing the Issuer proof of his ownership thereof and satisfac-
tory indemnity and complying with such other reasonable regulations
and conditions as the Issuer may prescribe and paying such expenses
as the Issuer may incur. All Bonds so surrendered shall be
canceled by the Registrar for the Bonds. If any of the Bonds shall
have matured or be about to mature, instead of issuing a substitute
Bond, the Issuer may pay the same, upon being indemnified as afore-
said, and if such Bonds be lost, stolen or destroyed, without
surrender thereof.
Any such duplicate Bonds issued pursuant to this section shall
constitute original, additional contractual obligations on the part
of the Issuer whether or not the lost, stolen or destroyed Bonds be
at any time found by anyone, and such duplicate Bonds shall be
entitled to equal and proportionate benefits and rights as to lien
on the source and security for payment from the funds, as herein-
after pledged, to the same extent as all other Bonds issued
hereunder.
SECTION 10. BOOK ENTRY SYSTEM. Notwithstanding the provi-
sions of Sections 7, 8 and 9 hereof, the Issuer may, at its option,
9
prior to the date of issuance of the 1996 Bonds, elect to use an
immobilization system or pure book-entry system with respect to
issuance of such 1996 Bonds, provided adequate records will be kept
with respect to the ownership of such Bonds issued in book-entry
form or the beneficial ownership of bonds issued in the name of a
nominee. As long as any Bonds are outstanding in book-entry form
the provisions of Sections 7, 8 and 9 of this Ordinance shall not
be applicable to such 1996 Bonds. The details of any alternative
system of issuance, as described in this paragraph, shall be set
forth in a resolution of the Issuer duly adopted at or prior to the
sale of such Series 1996 Bonds.
SECTION 11. fROVISIONS FOR REDEMPTIOij. The 1996 Bonds shall
be subject to redemption prior to their maturity, at the option of
the Issuer, at such times and in such manner as shall be fixed by
resolution of the Issuer duly adopted prior to or at the time of
sale of the 1996 Bonds.
Notice of such redemption will be given by the Registrar (who
shall be the Paying Agent for the 1996 Bonds, or such other person,
firm or corporation as may from time to time be designated by the
Issuer as the Registrar for the 1996 Bonds) by mailing a copy of
the redemption notice by first-class mail (postage prepaid) not
more than thirty (30) days and not less than fifteen (15) days
prior to the date fixed for redemption to the Registered Owner of
each 1996 Bond to be redeemed in whole or in part at the address
shown on the registration books. Failure to give such notice by
mailing to any Registered Owner of Bonds, or any defect therein,
shall not affect the validity of any proceeding for the redemption
of other Bonds. All 1996 Bonds or portions thereof so called for
redemption will cease to bear interest after the specified redemp-
tion date provided funds for their redemption are on deposit at the
place of payment at that time.
Upon surrender of any 1996 Bond for redemption in part only,
the Issuer shall issue and deliver to the Registered Owner thereof,
the costs of which shall be paid by the Registered Owner, a new
1996 Bond or 1996 Bonds of authorized denominations in aggregate
principal amount equal to the unredeemed portion surrendered.
Whenever any 1996 Bonds shall be delivered to the Bond
Registrar for cancellation, upon payment of the principal amount
thereof, or for replacement, transfer or exchange, such 1996 Bonds
shall be canceled and, upon request of the Issuer, destroyed by the
Bond Registrar. counterparts of the certificate of destruction
evidencing any such destruction shall be furnished to the Issuer.
SECTION 12. rORM OF THE 1996 BONDS. The text of the 1996
Bonds shall be in SUbstantially the followinq form with such
omissions, insertions and variations as may be necessary and
desirable and authorized and permitted by this Ordinance or by any
10
subsequent ordinance or resolution adopted prior to the issuance
thereof:
(Form of 1996 Bond)
No.
$
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF CLEARWATER
GAS SYSTEM REVENUE REFUNDING BOND, SERIES [to be determined]
Dated
Date
ttaturity Date
~
Rate of Interest
Registered Owner:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that the city of Clearwater,
Florida (hereinafter called "City"), for value received, hereby
promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date specified above, the
Principal Amount shown above solely from the revenues hereinafter
mentioned, and to pay solely from such revenues, interest on said
sum from the Dated Date of this Bond or from the most recent
interest payment date to which interest has been paid, at the rate
of interest per annum set forth above until payment of such sum,
such interest being payable , and semi-
annually thereafter on the first day of and the first
day of of each year. The princnpal of and premiua, if
any, on this Bond are payable upon presentation and surrender here-
of on the date fixed for maturity or redemption at the principal
office of (the "Paying Agent") in
, Flor ida, or at the off ice designated for such
payment of any successor thereof. The interest on this Bond, when
due and payable, shall be paid by check or draft mailed to the
person in whose name this Bond is registered, at his address as it
appears on the books and records of the Bond Registrar, at the
close of business on the 15th day of the month (whether or not a
business day) next preceding the interest payment date (the "Record
Date"), irrespective of any transfer of this Bond subsequent to
such Record Date and prior to such interest payment date, unless
the City shall be in default in payment of interest due on such
interest payment date. In the event of any such default, such
defaulted interest shall be payable to the person in whose name
such Bond is registered at the close of business on a special
record date for the payment of defaulted interest as established by
11
notice mailed by the Registrar to the Registered Holder ot the
Bonds not less than fifteen (15) days preceding such special record
date. Such notice shall be mailed to the person in whose name such
Bond is registered at the close of business on the fifth (5th) day
preceding the date of mailing. Payment of interest on the Bonds
may, at the option of any owner of Bonds in an aggregate principal
amount of at least $1,000,000, be transmitted by wire transfer to
such owner to the bank account number on file with the Paying Agent
as of the Record Date upon written request therefor by the holder
thereof for the appropriate interest payment date. All amounts due
hereunder shall be payable in any coin or currency of the United
States, which is, at the time of payment, legal tender for the
payment of public or private debts.
This Bond is one of a duly authorized issue of Bonds in the
aggregate principal amount of $ of like date, tenor
and effect, except as to number~nstallments, maturity and inter-
est rate, issued to finance the cost of advance refunding the Gas
System Revenue Bonds, Series 1991, pursuant to the authority of and
in full compliance with the Constitution and laws of the state of
Florida, including particularly Chapter 166, Part II, Florida
Statutes, and other applicable provisions of law (the "Act"), and
Ordinance No. 5118-91, duly enacted by the Issuer on August 15,
1991, as supplemented by Ordinance No. -96, duly enacted by the
Issuer on , 1996, as amended and supplemented (herein-
'after collectively called the "Ordinance"), and is subject to all
the terms and conditions of such Ordinance.
It is provided in the Ordinance that the Bonds of this issue
will rank on a parity with the outstanding Bonds of an issue of Gas
System Revenue Bonds, Series 1991, dated September 1, 1991 which
are not refunded by the Bonds, the Gas System Revenue Bonds, Series
1994A, dated September 1, 1994, and the Gas System Revenue Bonds,
Series 1996A, dated [July 1J, 1996, of the Issuer (the "parity
Bonds"). This Bond and the Parity Bonds are payable solely from
and secured by a first and prior lien upon and pledge of the Net
Revenues, as defined in the Ordinance, which consists of the net
revenues derived by the city from the operation of the System (the
"Net Revenues") in the manner provided in the Ordinance. This Bond
does not constitute an indebtedness, liability, general or moral
obligation, or a pledge of the faith, credit or taxing power of the
city, the State of Florida or any political subdivision thereof,
within the meaning of any constitutional, statutory or charter
provisions. Neither the State of Florida nor any political sub-
division thereof, nor the City shall be obligated (1) to levy ad
valorem taxes on any property to pay the principal of the Bonds,
the interest thereon or other costs incident thereto or (2) to pay
the same from any other funds of the City, except from the Net
Revenues, in the manner provided herein. It is further agreed
between the City and the Registered Holder of this Bond that this
Bond and the indebtedness evidenced hereby shall not constitute a
lien upon the system, or any part thereof, or on any other property
12
of the city, but shall constitute a first and prior lien only on
the Net Revenues, in the manner provided in the Ordinance.
(INSERT REDEMPTION PROVISIONS)
Bonds in denominations greater than $5,000 shall be deemed to
be an equivalent number of Bonds of the denomination of $5,000. In
the event a Bond is of a denomination larger than $5,000, a portion
of such may be redeemed, but Bonds shall be redeemed only in the
principal amount of $5,000 or any integral multiple thereof. In
the event any of the Bonds or portions thereof are called for
redemption as aforesaid, notice thereof identifying the Bonds or
portions thereof to be redeemed will be given by the Registrar (who
shall be the paying agent for the Bonds, or such other person, firm
or corporation as may from time to time be designated by the city
as the Registrar for the Bonds) by mailing a copy of the redemption
notice by first-class mail (postage prepaid) not more than thirty
(30) days and not less than fifteen (15) days prior to the date
fixed for redemption to the Registered Holder of each Bond to be
redeemed in whole or in part at the address shown on the regis-
tration books. Failure to give such notice by mailing to any
Registered Holder of Bonds, or any defect therein, shall not affect
the validity of any proceeding for the redemption of other Bonds.
All Bonds so called for redemption will cease to bear interest
after the specified redemption date provided funds for their
redemption are on deposit at the place of payment at that time.
Upon surrender of any Bond for redemption in part only, the City
shall issue and deliver to the Registered Holder thereof, the costs
of which shall be paid by the Registered Holder, a new Bond or
Bonds of authorized denominations in aggregate principal amount
equal to the unredeemed portion surrendered.
If the date for payment of the principal of, premium, if any,
or interest on this Bond shall be a Saturday, Sunday, legal holiday
or a day on which banking insti tutions in the city where the
corporate trust office of the paying agent is located are autho-
rized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not a Saturday,
Sunday, legal holiday or a day on which such banking institutions
are authorized to close, and payment on such date shall have the
same force and effect as if made on the nominal date of payment.
(To be inserted where appropriate on face of bond: "Reference
is hereby made to the further provisions of this Bond set forth on
the reverse side hereof, and such further provisions shall for all
purposes have the same effect as if set forth on this side.")
In and by the Ordinance, the city has covenanted and agreed
with the Registered Holders of the Bonds of this issue that it will
fix, establish, revise from time to time whenever necessary, main-
tain and collect always, such fees, rates, rentals and other
charges for the use of the product, services and facilities of the
13
system which will always provide revenues in each year sufficient
to pay, and out of such funds pay, loot of all costs of operation
and maintenance of the system in such year and all reserve and
other payments provided for in the Ordinance and 125' of the bond
service requirement due in such year on the Bonds of this issue,
and on all other obligations payable on a parity therewith, and
that such fees, rates, rentals and other charges shall not be
reduced so as to be insufficient to provide adequate revenues for
such purposes. The City has entered into certain further covenants
with the Holders of the Bonds of this issue for the terms of which
reference is made to the Ordinance.
It is hereby certified and recited that all acts, conditions
and things required to exist, to happen and to be performed prece-
dent to and in the issuance of this Bond exist, have happened and
have been performed in regular and due form and time as required by
the laws and Constitution of the state of Florida applicable
thereto, and that the issuance of the Bonds of this issue does not
violate any constitutional or statutory limitations or provisions.
This Bond is and has all the qualities and incidents of a
negotiable instrument under the Uniform commercial Code
Investment Securities of the state of Florida.
The Bonds are issued in the form of fully registered bonds
without coupons in denominations of $5,000 or any integral multiple
of $5,000. Subject to the limitations and upon payment of the
charges provided in the Ordinance, Bonds may be exchanged for a
like aggregate principal amount of Bonds of the same maturity of
other authorized denominations. This Bond is transferable by the
Registered Holder hereof in person or by his attorney duly autho-
rized in writing, at the above-mentioned office of the Registrar,
but only in the manner, subject to the limitations and upon payment
of the charges provided in the Ordinance, and upon surrender and
cancellation of this Bond. Upon such transfer a new Bond or Bonds
of the same maturity and of authorized denomination or denomina-
tions, for the same aggregate principal amount, will be issued to
the transferee in exchange therefor. Bonds may be transferred upon
the registration books upon delivery to the Registrar of the Bonds,
accompanied by a written instrument or instruments of transfer in
form and with guaranty of signature satisfactory to the Registrar,
duly executed by the Registered Holder of the Bonds to be trans-
ferred or his attorney-in-fact or legal representative, containing
written instructions as to the details of the transfer of such
Bonds, along with the social sec~rity number or federal employer
identification number of such transferee and, if such transferee is
a trust, the name and social security or federal employer iden-
tification numbers of the settlor and beneficiaries of the trust,
the federal employer identification number and date of the trust
and the name of the trustee. In all cases of the transfer of a
Bond, the Registrar shall enter the transfer of ownerShip in the
registration books and shall authenticate and deliver in the name
14
of the transferee or transferees a ney fully registered Bond or
Bonds of authorized denominations of the same Maturity Date and
Rate of Interest for the aggregate principal amount which the
Registered Holde~ is entitled to receive at the earliest practi-
cable time in accordance with the provisions of the Ordinance. The
City or the Registrar may charge the Registered Holder of such Bond
for every such transfer or exchange of a Bond an amount sufficient
to reimburse them for their reasonable fees and any tax, fee, or
other governmental charge required to be paid with respect to such
transfer or exchange, and may require that such charge be paid
before any such new Bond shall be delivered.
The City may deem and treat the Registered Holder hereof as
the absolute owner hereof (whether or not this Bond shall be over-
due) for the purpose of receiving payment of or on account of prin-
cipal hereof and interest due hereon and for all other purposes,
and the City shall not be affected by any notice to the contrary.
This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the Ordi-
nance until the certificate of authentication hereon shall have
been executed by the Bond Registrar.
IN WITNESS WHEREOF, the City of Clearwater, Florida, has
issued this Bond and has caused the same to be executed by the
manual or facsimile signature of its City Manager and countersigned
by the manual or facsimile signature of its Mayor-Commissioner, and
its corporate seal or a facsimile thereof to be affixed, impressed,
imprinted, lithographed or reproduced hereon, and attested by the
manual or facsimile signature of its City Clerk, as of the Dated
Date.
CITY OF CLEARWATER, FLORIDA
(SEAL)
City Manager
Mayor-Commissioner
ATTEST:
city Clerk
APPROVED AS TO FORM
~AL SUFFICIENCY:
kl
C:Lty Attorney
15
CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR
This Bond is one of the Bonds of the issue described in the
within-mentioned Ordinance.
By
Authorized signature
Date of Authentication
The followinq abbreviations, when used in the inscription on
the face of the within Bond, shall be construed as though they were
written out in full accordlnq to applicable laws or regulations:
TEN COM
TENENT
JT TEN
- as tenants in common
- as tenants by the
entireties
- as joint tenants
with right of sur-
vivorship and not as
tenants in common
UNIF TRANSFERS TO MIN ACT -
(Cust. )
Custodian for
under Uniform
Minors Act of
(Hinor)
Transfers
to
(state)
Additional abbreviations may also be used thouqh not in list
above.
16
Signature guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member of the
New York stock Exchange or a
commercial bank or a trust
company.
NOTICE: No transfer will be
registered and no new Bond will
be issued in the name of the
Transferee, unless the signa-
ture{s) to this assignment
corresponds with the name as it
appears upon the face of the
within Bond in every particu-
lar, without alteration or
enlarqement or any change what-
ever and the Social Security or
Federal Employer Identification
Number of the Transferee is
supplied.
[End of Form of Bond]
17
SECTION 13. APPLICATIO~ OF P~OVISIONS OF ORIGINAL ORDI~~CS.
The 1996 Bonds, herein authorized, shall for all purposes (except
as herein expressly provided) be considered to be Additional Parity
Obligations issued under the authority of the Original Ordinanoe,
and shall be entitled to all the protection and security provided
therein for the Parity Bonds, and shall be in all respects entitled
to the same security, rights and privileges enjoyed by the Parity
Bonds.
The covenants and pledges contained in the Qriginal Ordinance
shall be applicable to the 1996 Bonds herein authorized in like
manner as applicable to the Parity Bonds. The principal of and
interest on the 1996 Bonds shall be payable from the Sinking Fund
established in the Original Ordinance on a parity with the parity
Bonds, and payments shall be made into such Sinking Fund by the
Issuer in amounts fully sufficient to pay the principal of and
interest on the Parity Bonds and the 1996 Bonds as such principal
and interest become due.
SECTION 14. APPLICATION OF 1996 BOND PROCEEDS. The proceeds,
including accrued interest and premium, if any, received from the
sale of any or all of the 1996 Bonds shall be applied by the Issuer
as follows:
(A) The accrued interest shall be deposited in the Interest
Account in the Sinking Fund created in the Original Ordinance and
shall be used only for the purpose of paying interest becoming due
on the 1996 Bonds.
(B) Unless provided from other funds of the Issuer on the
date of issuance of any series of 1996 Bonds as set forth in
Section 16(B) of the Original Ordinance, a sum equal to the Reserve
Requirement for the 1996 Bonds shall be deposited in the subaocount
in the Reserve AccoWlt in the Sinking Fund, herein created and
established for the benefit of the 1996 Bonds, and shall be used
only for the purposes provided therefor, or, if determined by
subsequent resolution of the Issuer, a sum equal to the premium of
a debt service reserve fund policy or surety provided in satisfac-
tion of the Reserve Requirement for such series of 1996 Bonds.
(C) Unless paid or reimbursed by the original purchasers of
the 1996 Bonds, the Issuer shall pay all costs and expenses in
oonnection with the preparation, issuance and sale of the 1996
Bonds.
(D) A sum which, together with the other funds to be
deposited pursuant to the Escrow Deposit Agreement, and the
investment income to be derived therefrom, will be sufficient to
pay, as of any date of calculation, the principal of, redemption
premium, if any, and interest on the Refunded Bonds as the same
shall become due and or redeemable, shall be deposited pursuant to
the Escrow Deposit Agreement.
18
.. . . . .... ~....." ...... ~ '"
SECTION 15. SPECIAL OB~IGATIONS OF ~SSUER. The 1996 Bonds
shall be special obligations of the Issuer, payable solely from the
Net Revenues as herein provided. The 1996 Bonds do not oonstitute
an indebtedness, liability, general or moral obligation, or a
pledge of the faith, credit or taxing power of the Issuer, the
state of Florida or any political subdivision thereof, within the
meaning of any constitutional, statutory or charter provisions.
Neither the state of Florida nor any political subdivision thereof
nor the Issuer shall be obligated (1) to levy ad valorem taxes on
any property to pay the principal of the 1996 Bonds, the interest
thereon or other costs incident thereto, or (2) to pay the same
from any other funds of the Issuer except from the Net Revenues, in
the manner provided herein. The acceptance of the 1996 Bonds by
the Holders from time to time thereof shall be deemed an agreement
between the Issuer and such Holders that the Bonds and the indebt-
edness evidenced thereby shall not constitute a lien upon the
System, or any part thereof, or any other property of the Issuer,
but shall constitute a first and prior lien only on the Net Reve-
nues, in the manner hereinafter provided. The Net Revenues shall
be immediately subject to the lien of this pledge without any
physical delivery thereof or further act, and the lien of this
pledge shall be valid and binding as against all parties having
claims of any kind in tort, contract or otherwise against the
Issuer.
The payment of the principal of and the interest on the 1996
Bonds shall be secured forthwith equally and ratably by an
irrevocable lien on the Net Revenues of the System, as defined
herein, on a parity with the Parity Bonds and the Issuer does
hereby irrevocably pledge such Net Revenues of the System to the
payment of the principal of and the interest on the 1996 Bonds, for
the reserves therefor and for all other required payments.
SECTION 16. COVENANTS OF THE ISSUER. The provisions of
Section 16 of the original Ordinance shall be deemed applicable to
this Ordinance and shall apply to the 1996 Bonds issued pursuant to
this Ordinance as though fully restated herein.
SECTION 17. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHO~
CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the
Original Ordinance shall be deemed applicable to this Ordinance and
shall apply to the 1996 Bonds issued pursuant to this Ordinance as
though fully restated herein.
SECTION 18. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS O~
BONDS. The provisions of section' 18 of the original Ordinance
shall be deemed applicable to this Ordinance and shall apply to the
1996 Bonds issued pursuant to this Ordinance as though fully
restated herein.
19
SECTION 19. DEFEASANCE. The provisions of section 19 of the
original Ordinance shall be deemed applicable to this Ordinance and
shall apply to the 1996 Bonds issued pursuant to this Ordinance as
though fully restated herein.
SECTION 20. TAX COVENANT~.
(A) The Issuer covenants with the Registered owners of each
series of Bonds that it shall not use the proceeds of such series
of Bonds in any manner which would cause the interest on such
series of Bonds to be or become includable in the gross income of
the Registered OWner thereof for federal income tax purposes.
(B) The Issuer covenants with the Registered Owners of each
series of Bonds that neither the Issuer nor any person under its
control or direction will make any use of the proceeds of such
series of Bonds (or amounts deemed to be proceeds under the Code)
in any manner which would cause such series of Bonds to be
"arbitrage bonds" within the meaning of section 148 of the Code and
neither the Issuer nor any other person shall do any act or fail to
do any act which would cause the interest on such series of Bonds
to become includable in the gross income of the Registered OWner
thereof for federal income tax purposes.
(C) The Issuer hereby covenants with the Registered Owners of
each series of Bonds that it will comply with all provisions of the
Code necessary to maintain the exclusion of interest on the Bonds
from the gross income of the Registered Owner thereof for federal
income tax purposes, including, in particular, the payment of any
amount required to be rebated to the u.S. Treasury pursuant to the
Code.
SECTION 21. GOVERNMENTAL REORGANI~ATION. The provisions of
section 21 of the Original Ordinance shall be deemed applicable to
this Ordinance and shall apply to the 1996 Bonds issued pursuant to
this Ordinance as though fully restated herein.
SECTION 22. COVENANTS WITH CREDIT FACILITY ISSUER. The
Issuer may make such covenants as it may, in its sole discretion,
determine to be appropriate with any Credit Facility Issuer that
shall agree to provide a Credit Facility that shall enhance the
security or the value of the 1996 Bonds. Such covenants may be set
forth in a resolution adopted prior to or simultaneously with the
sale of the 1996 Bonds and shall have the same effect as if such
covenants were set forth in full in this Ordinance.
SECTION 23. PRELIMINARY OFFICIAL STATEMENT. The distribution
of a Preliminary Official statement relating to the 1996 Bonds is
hereby approved in such form and substance as shall be approved by
the Mayor and city Manager of the Issuer. The Mayor and the City
Manager are hereby authorized to deem such Preliminary Official
Statement as "final" within the meaning of Rule 15c-2-12 of the
20
Securities and Exchange commission, except for certain "permitted
omissions" as defined in such rule.
SECTION 24. ~EVERA~ILI1~. Ir anyone or more of the cove-
nants, agreements, or pro'visions ot this Ordinance should be held
contrary to any express provision or law or contrary to the policy
of express law, though not expressly prohibited, or against public
pOlicy, or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null and void and
shall be deemed separate from the remaining covenants, agreements
or provisions of this Ordinance or of the Bonds.
SECTION 25. REPEAL OF INCON~ZST~ INSTRUMENTS. All ordi-
nances or resolutions, or parts thereof, in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 26. aFFECTIVE DATE. This Ordinance shall take effect
immediately upon its enactment.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ENACTED
May 16, 1996
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
city Clerk
Approved as to form
and legal sufficiency:
pa€d~ Akin
city Attorney
21
.."..,....~..(.;, ".. ,"',........,.' "'.'
EXHIBIT A
FORM OF ESCROW DEPOSIT AGREEMENT
22
ESCROW DEPOSIT AGREEMENT
THIS ESCROW DEPOSIT AGREEMENT, dated as ot ,
1996, by and between the CITY OF CLEARWATER, FLORIDA (the
"Issuer"), and , a banking associa-
tion organized under the laws of the [state of ] [United
States of America], as Escrow Holder and its successors and assigns
(the "Escrow HOlder");
W I 'T N E SSE T H:
WHEREAS, the Issuer has previously authorized and issued obli-
gations, hereinafter defined as "Refunded Bonds", as to which the
Total Debt Service (as hereinafter defined) is set forth on
Schedule A; and
WHEREAS, the Issuer has determined to provide for payment of
the Total Debt Service of the Refunded Bonds by depositing with the
Escrow Holder an amount which together with investment earnings
thereon is at least equal to such Total Debt Service; and
WHEREAS, in order to obtain the funds needed for such purpose,
the Issuer has authorized and is, concurrently with the delivery of
this Agreement, issuing its Gas System Revenue Refunding Bonds,
Series [To be determined], as defined herein; and
WHEREAS, the execution of this Escrow Deposit Agreement and
full performance of the provisions hereof shall defease and dis-
charge the Issuer from the aforestated obligations;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the Issuer and the Escrow Holder agree
as follows:
SECTION 1. Definitions. As used herein, the following terms
mean:
(a) "Agreement" means this Escrow Deposit Agreement.
(b) "Annual Debt Service" means the interest and principal on
the Refunded Bonds coming due in such year as shown on Schedule A
attached hereto and made a part hereof.
(c) "Bonds" means the $
Florida, Gas System Revenue Refunding
determined], issued under the Ordinance.
City
Bonds,
of Clearwater,
Series [to be
(d) "Escrow Account" means the account hereby created and
entitled Escrow Account established and held by the Escrow Holder
pursuant to this Agreement, in which cash and investments will be
held for payment of the principal of, premium, it any, and accrued
interest on the Refunded Bonds as they become due and payable.
(e) "Escrow Holder" means
having its primary corporate trust 0111C8 in
, and its successors and assigns.
,
,
(f) "Escrow Requirement" means, as ot any date of caloula-
tion, the sum of an amount in cash and principal amount of Federal
Securities in the Escrow Account which together with the interest
to become due on the Federal Securities will be sufficient to pay
the Total Debt Service on the Refunded Bonds in accordance with
Schedule A.
(g) "Federal Securities" means any bonds or other obligations
which as to principal and interest constitute direct obligations
of, or are unconditionally guaranteed as to full and timely payment
by, the United states of America, none ot which permit redemption
or prepayment prior to the dates on which such Federal Securities
shall be applied pursuant to this Agreement. The term "Federal
Securities" shall not include money market funds or mutual funds
invested in obligations described in this definition.
(h) "Issuer" means the city of Clearwater, Florida, and its
successors and assigns.
(i) "Ordinance" means Ordinance No. -96, enacted by the
governing body of the Issuer on , 1996, as amended and
supplemented, authorizing issuance of the Bonds.
(j) "Refunded Bonds" means the bonds outstanding of the
Issuer's Gas System Revenue Bonds, Series 1991, dated september 1,
1991, which amy be redeemed prior to the maturity date thereof or
which mature within 90 days of the date of issuance of the Bonds.
(k) "Total Debt Service" means the sum of the principal,
premium and interest remaining unpaid with respect to the Refunded
Bonds in accordance with Schedule A attached hereto.
SECTION 2. Deposit of Funds. The Issuer hereby deposits
$ with the Escrow Holder for deposit into the Escrow
Account, ~mmediately available funds, which funds the Escrow
Holder acknowledges receipt of, to be held in irrevocable escrow by
the Escrow Holder separate and apart from other funds of the Escrow
Holder and applied solely as provided in this Agreement.
$ of such funds are being derived from proceeds of the
Bonds. $ of such funds are being derived from legally
available funds of the Issuer. The Issuer represents that such
securities and funds are at least equal to the Escrow Requirement
as of the date of such deposit.
" '. . . ... ,~"".""",,,.."."_. .-.. ...,. ..
SECTION 3. Use and Invest~ent ot Fundi. The Escrow Holder
acknowledges receipt of the sum described 1n section 2 and agrees:
(a) to hold the funds and investments purchased pursuant to
this Agreement in irrevocable escrow durinq the term of this Agree-
ment for the sole benefit of the holders ot the Refunded Bonds;
(b) to immediately invest $ of such funds
derived from the proceeds of the Bonds in the Federal Securities
set forth on Schedule C attached hereto and to hold such securities
and $ of such funds in cash in accordance with the terms of
this Agreement;
(c) in the event the securities described on Schedule C
cannot be purchased, substitute securities may be purchased with
the consent of the Issuer but only upon receipt of verification
from an independent certified public accountant that the cash and
securities deposited will not be less than the Escrow Requirement
and only upon receipt of an opinion of Bryant, Miller and Olive,
P.A., that such securities constitute Federal Securities for
purposes of this Agreement;
(d) there will be no investment of funds except as set forth
in this section 3 and except as set forth in Section 5.
SECTION 4. Payment of Bonds and ExPenses.
(a) ~efunded Bond~. On the dates and in the amounts set
forth on Schedule A, the Escrow Holder shall transfer to First
Union National Bank of Florida, Jacksonville, Florida, the Paying
Agent for the Refunded Bonds (the .Paying Agent"), in immediately
available funds solely from amounts available in the Escrow
Account, a sum sufficient to pay that portion of the Annual Debt
Service for the Refunded Bonds coming due on such dates, as shown
on Schedule A.
(b) Expense~. On each of the due dates as shown on Schedule
B, the Escrow Holder shall pay the portion of the expenses coming
due on such date to the appropriate payee or payees designated on
Schedule B or designated by separate certificate of the Issuer.
(c) ~. After making the payments from the Escrow
Account described in Subsection 4(a) and (b) above, the Escrow
Holder shall retain in the Escrow Account any remaininq cash in the
Escrow Account in excess of the Escrow Requirement until the termi-
nation of this Aqreement, and shall then pay any remaininq funds to
the Issuer.
(d) ~ty of Payments. The holders of the Refunded Bonds
shall have an express first priority security i.nter~.~t in.the funds. __ _.
and Federal Securities in the Escrow Account until such funds and
3
Federal Securities are used and applied as provided in this Agree-
ment.
SECTION 5. ~nvestment. (a) Except as provided in Section 3
and in this section, the Escrow Holder shall have no power or duty
to invest any funds held under this Aqreement or to sell, transfer
or otherwise dispose of or make substi tutions ot the Federal
Securities held hereunder.
(b) At the written request of the Issuer and upon compliance
with the conditions hereinafter stated, the Escrow Holder shall
sell, transfer or otherwise dispose of any of the Federal Securi-
ties acquired hereunder and shall substitute other Federal Securi-
ties and reinvest any excess reoeipts in Federal Securities. The
Issuer will not request the Escrow Holder to exercise any of the
powers described in the preceding s~ntence in any manner which,
will cause interest on the Bonds to be included in the gross income
of the holders thereof for purposes of Federal income taxation.
The transactions may be effected only if (i) an independent certi-
fied pUblic accountant selected by the Issuer shall certify or
opine in writing to the Issuer and the Escrow Holder that the oash
and principal amount of Federal Securities remaining on hand after
the transactions are completed will, assuming no reinvestment earn-
ings, be not less than the Escrow Requirement, and (ii) the Esorow
Holder shall receive an opinion from a nationally reoognized bond
counsel acceptable to the Issuer to the effect that the transac-
tions, in and by themselves will not cause interest on such Bonds
to be included in the gross income of the holders thereof for pur-
poses of Federal income taxation and such substitution is in com-
pliance with this Agreement. Subsection 4(c) above notwithstand-
ing, cash in excess of the Escrow Requirement caused by substitu-
tion of Federal Securities shall, as soon as practical be paid to
the Is'suer. Notwi thstanding any provision of this Agreement to the
contrary, no forward purchase agreement shall relatinq to the
securities held hereunder shall be executed unless Moody's
Investors service, Inc. shall have confirmed that such agreement
shall not adversely affect the rating, then outstanding, if any, on
the Refunded Bonds.
SECTION 6. Redemption or Acceleration of Maturtu. The
Issuer will not accelerate the maturity of, or exercise any option
to redeem before maturity, any Refunded Bonds, except as set forth
on Schedule A attached hereto.
SECTION 7. Indemnity. To the extent permitted by law, the
Issuer hereby assumes liability for, and hereby agrees to indem-
nify, protect, save and keep harmless the Escrow Holder and its
respecti ve successors, assigns, agents and servants, from and
against any and all liabilities, obligations, losses, damages,
penalties, claims, actions, suits, costs, expenses and disburse-
ments (including re-asonable'legal fees-and-disbursements)-"of what- -
soever kind and nature which may be imposed on, incurred by, or
4
asserted against at any time, the Escrow Holder (whether or not
also indemnified against the same by the Issuer or any other person
under any other agreement or instrument) and in any way relating to
or arising out of the execution and delivery of this Agreement, the
establishment of the Escrow Account established hereunder, the
acceptance of the funds and securities deposited therein, the pur-
chase of the Federal Securities, the retention of the Federal
Securities or the proceeds thereof and any payment, transfer or
other application of funds or securities by the Escrow Holder in
accordance with the provisions of this Agreement; provided, how-
ever, that the Issuer shall not be required to indemnify the Escrow
Holder against its own negligence or willful misconduct. In no
event shall the Issuer be liable to any person by reason of the
transactions contemplated hereby other than to the Escrow Holder as
set forth in this section. The indemnities contained in this
section shall survive the termination of this Agreement. The
Escrow Holder shall not be liable for any deficiencies in the
amounts necessary to pay the Escrow Requirement. Furthermore, the
Escrow Holder shall not be liable for the accuracy of the calcula-
tion as to the sufficiency of money. and the principal amount of
Federal Securities and the earnings thereon to pay the Escrow
Requirement.
SECTION 8. Respons:!J21U ties of Escrow HoJ.~. The Escrow
Holder and its respective successors, assigns, agents and servants
shall not be held to any personal liability whatsoever, in tort,
contract, or otherwise, in connection with the execution and deliv-
ery of this Agreement, the establishment of 'the Escrow Account, the
acceptance of the funds deposited therein, the purchase of the
Federal Securities, the retention of the Federal Securities or the
proceeds thereof or for any payment, transfer or other application
of moneys or securities by the Escrow Holder in accordance with the
provisions of this Agreement or by reason of any non-negligent or
non-willful act, omission or error of the Escrow Holder made in
good faith in the conduct of its duties. The Escrow Holder shall,
however, be responsible for its negligent or willful failure to
comply with its duties required hereunder, and its negligent or
willful acts, omissions or errors hereunder. The duties and obli-
gations of the Escrow Holder may be determined by the express pro-
visions of this Agreement.. The Escrow Holder may consult with
counsel, who mayor may not be counsel to the Issuer, at the
Issuer's expense and in reliance upon the opinion of such counsel
shall have full and complete authorization and protection in
respect of any action taken, suffered or omitted by it in good
faith in accordance therewith. Whenever the Escrow Holder shall
deem it necessary or desirable that a matter be proved or estab-
lished prior to taking, SUffering or omitting any action under this
Agreement, such matter may be deemed to be conclusively established
by a certificate signed by an authorized officer of the Issuer.
SECTION 9. ~gnation of Escrow HQ1~er. The Escrow Holder
may resign and thereby become discharged from the duties and obli-
5
gations hereby created, by notice in writing given to the Issuer,
any rating agency then providing a rating on either the Refunded
Bonds or the Bonds, and the Paying Agent for the Refunded Bonds not
less than sixty (60) days before such resignation shall take
effect. Such resignation shall not take effect until the appoint-
ment of a new Escrow Holder hereunder.
SECTION 10. ~emovat of Escrow Hol~.
(a) The Escrow Holder may be removed at any time by an
instrument or concurrent instruments in writing, executed by the
holders of not less than fifty-one percentum (51%) in aggregate
principal amount of the Refunded Bonds then outstanding, such
instruments to be filed with the Issuer, and notice in writing
given by such holders to the original purchaser or purchasers of
the Bonds and published by the Issuer once in a newspaper of
general circulation in the territorial limits of the Issuer, and in
a daily newspaper or financial journal of general circulation in
the city of New York, New York, not less than sixty (60) days
before such removal is to take effect as stated in said instrument
or instruments. A photographic copy of any instrument filed with
the Issuer under the provisions of this paragraph shall be
delivered by the Issuer to the Escrow Holder.
(b) The Escrow Holder may also be removed at any time for any
breach of trust or for acting or proceeding in violation of, or for
failing to act or proceed in accordance with, any provisions of
this Agreement with respect to the duties and obligations of the
Escrow Holder by any court of competent jurisdiction upon the
application of the Issuer or the holders of not less than five
percentum (5%) in aggregate principal amount of the Bonds then out-
standing, or the holders of not less than five percentum (5') in
aggregate principal amount of the Refunded Bonds then outstanding.
(c) The Escrow Holder may not be removed until a successor
Escrow Holder has been appointed in the manner set forth herein.
SECTION 11. Successor Escrow Holder.
(a) If at any time hereafter the Escrow Holder shall resign,
be removed, be dissolved or otherwise become incapable of acting,
or shall be taken over by any governmental official, agency,
department or board, the position of Escrow Holder shall thereupon
become vacant. If the position of Escrow Holder shall become
vacant for any of the foregoing reasons or for any other reason,
the Issuer shall immediately appoint an Escrow Holder to fill such
vacancy and upon such appointment, all assets held hereunder shall
be transferred to such successor. The Issuer shall either (i) pUb-
lish notice of any such appointment made by it once in each week
for four (4) successive weeks in a newspaper of general circulation
published in the territorial limits of the Issuer and in a daily
newspaper or financial journal of general circulation in the City
6
of New York, New York, or (ii) mail a notice of any such appoint-
ment made by it to the Holders of the Refunded Bonds within thirty
(30) days after such appointment.
(1:>) At any time within one year after such vacancy shall have
occurred, the holders of a majority in principal amount of the
Bonds then outstanding or a majority in principal amount of the
Refunded Bonds then outstanding, by an instrument or concurrent
instruments in writing, executed by either group of such bond-
holders and filed with the governing body of the Issuer, may
appoint a successor Escrow Holder, which shall supersede any Escrow
Holder theretofore appointed by the Issuer. Photographic copies of
each such instrument shall be delivered promptly by the Issuer, to
the predecessor Escrow Holder and to the Escrow Holder so appointed
by the bondholders. In the case of conflicting appointments made
by the bondholders under this paragraph, the first effective
appointment made during the one year period shall govern.
(c) If no appointment of a successor Escrow Holder shall be
made pursuant to the foreqoing provisions of this Section, the
holder of any Refunded Bonds then outstanding, or any retiring
Escrow Holder may apply to any court of competent jurisdiction to
appoint a successor Escrow Holder. Such court may thereupon, after
such notice, if any, as such court may deem proper and prescribe,
appoint a successor Escrow Holder.
(d) Any corporation or association into which the Escrow
Holder may be converted or merged, or with which it may be consoli-
dated, or to which it may sell or transfer its corporate trust
business and assets as a whole or substantially as a whole, or any
corporation or association resulting from any such conversion,
sale, merger, consolidation or transfer to which it is a party,
ipso facto, shall be and become successor Escrow Holder hereunder
and vested with all the trust, powers, discretions, immunities,
privileges and all other matters as was its predecessor, without
the execution or filing of any instrument or any further act, deed
or conveyance on the part of any parties hereto, anything herein to
the contrary notwithstanding, provided such successor shall have
reported total capital and surplus in excess of $15,000,000, pro-
vided that such successor Escrow Holder assume in writing all the
trust, duties and responsibilities of the Escrow Holder hereunder.
SECTION 12. Payment to Escrow Holder. The Escrow Holder
hereby acknowledges that it has agreed to accept compensation under
the Agreenent in the sum of $ , payable ,
for services to be performed by the Escrow Holder pursuant to thfs
Agreement, plus out-of-pocket expenses to be reimbursed at cost
from legally available funds of the Issuer. The Escrow Holder
shall have no lien or claim against funds in the Escrow Account for
payment of Obligations due it_under this section.
SECTION 13. Term. This Agreement shall commence upon its
execution and delivery and shall terminate when the Refunded Bonds
have been paid and discharged in accordance with the proceedings
authorizing the Refunded Bonds, except as provided in Section 7.
SECTION 14. ~. If anyone or more of the cove-
nants or agreements provided in this Agreement on the part of the
Issuer or the Escrow Holder to be performed should be determined by
a court of competent jurisdiction to be contrary to law, notice of
such event shall be sent to Moody I s Investors Service at the
address set forth in Section 15, but such covenant or agreements
herein contained shall be null and void and shall in no way affect
the validity of the remaining provisions of this Agreement.
SECTION 15. Amendments to thJ.s Agreement. This Agreement is
made for the benefit of the Issuer and the holders from time to
time of the Refunded Bonds and the Bonds and it shall not be
repealed, revoked, altered or amended in whole or in part without
the written consent of all affected holders, the Escrow Holder and
the Issuer; provided, however, that the Issuer and the Escrow
Holder may, without the consent of, or notice to, such holders,
enter into such agreements supplemental to this Agreement as shall
not adversely affect the rights of such holders and as shall not be
inconsistent with the terms and provisions of this Agreement, for
anyone or more of the following purposes:
(a) to cure any ambiguity or formal defect or omission in
this Agreement;
(b) to grant to, or confer upon, the Escrow Holder, for the
benefit of the holders of the Bonds and the Refunded Bonds any
additional rights, remedies, powers or authority that may lawfully
be granted to, or conferred upon, such holders or the Escrow
Holder; and
(c) to subject to this Agreement additional funds, securities
or properties.
The Escrow Holder shall, at its option, be entitled to request
at the Issuer's expense and rely exclusively upon an opinion of
nationally recognized attorneys on the subject of municipal bonds
acceptable to the Issuer with respect to compliance with this
Section, including the extent, if any, to which any change, modifi-
cation, addition or elimination affects the rights of the holders
of the Refunded Bonds or that any instrument executed hereunder
complies with the conditions and provisions of this Section. Prior
written notice of such amendments, together with proposed copies of
such amendments shall be provided to Moody's Investors Service,
Inc., Public Finance Rating Desk/Refunded Bonds, 99 Church street,
New York, New York 10007.
8
SECTION 16. counterpart~. This Aqreement may be executed in
several counterparts, all or any of which shall be regarded tor all
purposes as one original and shall constitute and be but one and
the same instrument.
SECTION 17. ~overn!ng ~aw. This Agreement shall be construed
under the laws of the state of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers and
their corporate seals to be hereunto affixed and attested as of the
date first above written.
CITY OF CLEARWATER, FLORIDA
(SEAL)
Mayor-commissioner
ATTEST:
city Clerk
.'
~
Approved as to form and
legal sufficiency:
city Attorney
[ESCROW HOLDER]
(SEAL)
By
Title:
ATTEST:
Title:
9
, " - 'f' . '.:. ....
SCHEDULE A
TOTAL DEBT SERVICE
FOR
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CITY OF CLEARWATER, FLORIDA
GAS SYSTEM REVENUE BONDS
SERIES 1991
[Schedule Attached]
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SCHEDULE B
EXPENSES TO BE PAID BY ESCROW HOLDER
JoIame of Paye~
Amount,
NONE
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SCHEDULE C
SCHEDULE OF FEDERAL SECURITIES
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Item # 25
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTION 2.232, CODE OF
ORDINANCES, TO CHANGE THE COMPOSITION OF THE
PARKS AND RECREATION BOARD FROM NINE
MEMBERS TO SEVEN MEMBERS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OF CLEARWATER, FLORIDA:
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& .~.90
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~ Section 2.232, Code of Ordinances, is amended to rea.d as follows:
Sec. 2.232. Composition.
The parks and recreation board shall consist of seven RiRe members.
~ This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 16. 1996
PASSED ON SECOND AND FiNAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
MU
,
.,
Cynthia E. Goudeau, City Clerk
Pamela K. Akin, City Attorney
Ordinance No. 6031-96
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO REGISTRATION OF
LOBBYISTS, AMENDING SECTION 2.700, CODE
OF ORDINANCES, TO DELETE DEPARTMENT
HEADS FROM THE DEFINITION OF STAFF;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
~ Section 2.700, Code of Ordinances, is amended in part to
read as follows:
Sec. 2.700. Definitions.
* '* * * * *
Staff means the City Manager, the Deputy City Manager, the Assistant
City Manager; aru:t the City Attorney. and all department heads. In addition,
staff shall mean any consultants, other than attorneys, hired by the City.
~ This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 16, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
d/t-iL
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance No. 6047-96
FN.j
Clearwater City Commission
Agenda Cover Memorandum
,'~.. ,}
.:...~ f Item II:
Meeting Date:
~,G' Cf~
SUBJECT: Request For Authority To Settle Liability Claim of Spottis Woode Homeowners Association, Inc.,
a Florida Corporation
RECOMMENDATION/MOTION: Approve a proposed settlement in the total amount of $27,859.00 with
Claimant, Spottis Woode Homeowners Association, Inc., a Florida corporation, for damages to a brick wall that
was damaged when struck by a City solid waste vehicle.
00 and that the appropriate officials be authorized to execute same.
BACKGROUND:
· On June 20, 1995, while maneuvering to exit the Spottis Woode Subdivision located just off of Druid Road, a Solid
Waste vehicle struck an old brick wall of historical significance and damaged the wall extensively. Final estimates for
repair of this wall were received irom Spottis Woode Homeowners' Association on April 23, 1996. The plans for repair
of the wall have now been approved by appropriate City staff.
· City funds totaling $1,044.39 have already been expended as a result of this claim. The City hired a private engineering
firm as a consultant to determine the extent of damages to the wall. The consultant determined that, "the deflected
section of the structure will need to be removed and reconstructed to restore it to its original integrity." The estimates
provided by Spottis Woode Homeowners Association will replace the destroyed section of the wall.
· If Commission approval to settle this claim is granted, the City will prepare and deliver two checks in settlement of this
claim totaling $27,859.00. One check in the sum of $ 20,482.50 will be prepared and sent to the Spottis Woode
Homeowners Association's insurer, Hartford ITT, for reimbursement of its subrogation claim, and a check for the
balance totaling $7,376.50 will be prepared and sent to Spottis Woode Homeowners Association, Inc. for the amount of
the loss not covered by its insurance.
· Approval of this settlement is recommended by the City's Claims Committee.
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
FINANCE
l../y\ ~
User De~artment:
Costs:
$27,859.00
Total
$27,859.00
Current Fiscal Vear
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
t<
Advertised:
Date:
Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capital Improvement:
o Operating:
o Other: CIF
Attachments:
SUbm;ed~
C;IY~er
Appropriation Code
590-07000-545900-519-000
o None
o Printed on recycled paper
~
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jC\S 1-
Item #:
Clearwater City Commission
Agenda Cover Memorandum
Meeting Date:
SUBJECT: CSX TRANSPORTATION AGREEMENT #CSXT 025944
RECOMMENDATION/MOTION: Approve a Pipeline Crossing Agreement between the City and CSX
Transportation, Inc., Jacksonville, FL, in order to secure a natural gas easement across CSXT's right-of-way in
Safety Harbor, Fl, at a cost of $1,225.00,
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
. Clearwater Gas System needs to upgrade a gas main under the CSX Transportation (CSXT) railroad tracks. This
standard Pipeline Crossing Agreement is necessary to secure the easement across CSXT's property.
. The purpose of the upgrade is to install a larger four inch (4") high pressure gas main in order to provide
reliable gas service to National Linen, our second largest gas customer, in Safety Harbor.
. National Linen is currently served off a 2" Black Iron Wrap (BIW) low pressure gas main which was installed in
1962. National Linen was not located in Safety Harbor when the original main line was installed.
. National Linen moved their operation from Douglas Avenue in Dunedin during the late 1970's.
. National Linen has steadily increased the number of gas burning appliances.
. During the winter National Linen drops our gas main line pressure from 59 pounds to less than 35 pounds
when their plant fires up each morning. This will be corrected with the new four inch (4") high pressure gas
mam.
. CSX Transportation, Inc. requires all applicants to pay a fee when submitting the agreement. The fee for this
permit application is $1,225.00, which is a one-time License fee.
"-
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other Nt A
Originating Department: ()"V
Cleal"Nater Gas System \:)
Commission Action:
o Approved
o Approved with Conditions
o Den ied
o Continued to:
Costs:
User Department:
Cleal"Nater Gas System
$1,225.00
Total
$1,225.00
Current Fiscal Year
Funding Source:
o Capital Improvement:
IBl Operating:
o Other:
Advertised:
Date:
"". Paper:
[&] Not Required
Affected Parties
o Notified
[&] Not Required
o None
Attachments:
CSX Agreement
location Map
Appropriation Code
341-96301-
560700-532-000
Submitted by:
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CSXT Form 2037-G - Page I
Revised April 1995 ~
Agreement No. CSX-025944
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of May 6, 1996, by and between CSX TRANSPORTATION,
INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor" and CLEARWATER GAS
SYSTEM, a municipal corporation, political subdivision or state agency, under the
laws of the State of FL, whose mailing address i.s 400 North Myrtle Avenue,
Clearwater, FL 34615, hereinafter called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline or
duct work, solely for the transmission of natural gas, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near Clearwater, County of Pinel1as, State of Florida, Valuation
Station 957+31, Milepost SY-866.80, Yeoman Subdivision, hereinafter called the
"Crossing"; as shown on print of Licensee's Drawing JL025944, dated
April 8, 1996, attached hereto and made a part hereof; other details and data
pertaining to said Pipeline being as indicated on Licensee's Application Form,
dated April 18, 1996, also attached hereto and made a part hereof:
NOW, THEREFORE, in consideration of the mutual covenants, condi tions, terms
and agreements herein contained, the parties hereto agree and covenant as
follows:
1. LICENSE:
1.1 Licensor, insofar as it has the legal right, power and authority to
do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use
its property within the area of the Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and
limitations applicable to Licensor's title to or rights in the subject property;
and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and per/nit Licensee to construct, maintain, repair, renew,
operate, use, alter or change said Pipeline at the Crossing above solely for the
use stated above, for the term herein stated, and to remove same upon
termination.
1.2 The term Pipeline, as used herein, shall include only the pipes,
ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary
facilities devoted exclusively to the transmission usage above within the
Crossing, and as shown on attached Application Form.
.
1.3 No additional Pipeline or \Hreline or other facilities shall be
I
:'.~'./"", ,".' -. --..,~ -:-----:-;----..- --.- -~. ~-~"...-- ''':'0'; ,'~ '.\' t .' ' o~, l' "
CSXT Form 2037-G - Page 2
Revised April 1995 ~
Agreement No. CSX-025944
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 annual payments and in consideration of Licensor's waiver
of future fee increases, Licensee shall pay Licensor a one-time nonrefundable
License Fee of ONE THOUSAND TWO HUNDRED TWENTY FIVE AND 00/100 U.S. DOLLARS
($1,225.00) upon execution of this Agreement.
2.2 However, Licensee assumes sole responsibility for, and shall pay
directly (or reimburse Licensor), any additional annual taxes and/or periodic
assessments levied 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 of Licensee's default, as
herein provided, but shall also terminate upon (a) Licensee's cessation of use
of the Pipeline or Crossing for the 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. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter,
and/or remove said Pipeline, in a prudent, workmanlike 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 Cross ing or
Pipeline.
3.2 Location and construction of Pipeline shall be made stric tly in
accordance with design(s) and specifications furnished to and approved by
Licensor, and of material(s) and size(s) appropriate for the purpose(s) above
recited.
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 without the separate express written consent of Licensor. As a
condition to 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.
CSXT Form 2037-G - Page 3
Revised April 1995 ~
Agreement No. CSX-025944
. .-." '- ~";""'''''-_.~-''~,-.. ----:----- ~.,.~_..--- . - .' .' .',' .. ..... " ", - .
3.5 Any repairs or maintenance to Pipeline, whether resulting from acts
of Licensee, or natural or weather events, which are necessary to protect 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 order to protec t or safeguard its property, rail
operations, equipment and/or employees from damage or ~nJ ury , may reques t
immediate repair or renewal of the Pipeline, and if the same is not performed,
may make or contract to make such repairs or renewals, at the sole risk, cost and
expense of Licensee.
3.7 Neither the failure of Licensor to object to any work 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, liability and/or responsibility of Licensee under this
Agreement.
3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or
expense (including losses resulting from train delays and/or inability to meet
train schedules) arising from any failure of Licensee to make or from improper
or incomplete repairs or maintenance of Pipeline.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Crossing
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain
all necessary permit(s) (including but not limited to zoning, building,
construction, health, safety or environmental matters), letter(s) or
certificate(s) of approval. Licensee expressly agrees and warrants that it shall
conform and limit its activities to the terms of such permit(s), approval(s) and
authorization(s), and shall comply with all applicable ordinances, rules,
regulations, requirements and laws of any governmental authority (state, federal
or local) having jurisdiction over Licensee's activities, including the location,
contact, excavation and protection regulations of the Occupational Safety and
Health Act (OSHA) (20 CFR 1926. 65l(b), et a1.), and State "One Call" -"Call
Before You Dig" requirements.
4.2 Licensee assumes sole responsibili ty for failure to obtain such
permit(s) or approval(s), for any violations thereof, or for costs or eKpenses
of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation upon Licensor's property,
Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor;
(B) Backfill with satisfactory material and thorour.hly tamp all
CSXT Form 2037-G - Page 4
Revised April 1995 ~
Agreement No. CSX-025944
trenches to prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licensor's
property or cause said surplus earth or material to be placed and distributed at
location(s) and in such manner as Licensor may approve.
5.2 After construction of Pipeline, Licensee shall:
(A)
Licensor; and
Restore said track( s), roadbed and other dis turbed property of
(B) Erect, maintain and periodically verify the accuracy of
aboveground markers, in a form approved by Licensor, indicating the location,
depth and ownership of Pipeline or related facilities.
5.3 Licensee shall remain responsible for any settlement of the track(s)
or roadbed for a period of one (1) year subsequent to completion of installation.
6. TRACK CHANGES:
6. I In the event that Licensor's rail operations and/or track maintenance
result in changes in grade or alignment of, additions to, or relocation of
Licensor's track(s) or other facilities, or in the event future use by Licensor
of right-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 accommodate Licensor's track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make
such changes at Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height
of Pipeline and Crossing in relation to Licensor's tracks and facilities, and
shall relocate Pipeline or change Crossing, at Licensee's expense, should such
relocation or change be necessary to comply with the minimum clearance
requirements of 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 circumference, diameter or radius
of pipe or carrier pipe, change in operating pressure, or change in materials
transmitted in and through said pipe), or is required by any public agency or
court order to do so, plans therefor shall be submitted to Licensor for approval
before any such change is made. After approval the terms and conditions of this
Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
:- <~ ~ ," ~---_.-...------_......- -- --. .~~ '."',.":' .,.... . ;":'..; , . " ' >>,'
CSXT Form 2037-G - Page 5
Revised April 1995 ~
Agreement No. CSX-025944
8.1 Although the Pipeline/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 cornrnunica tion, signal or other wires, powerlines, train control
system, or facilities; 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, other property, or any appurtenances thereto; then and in
either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly 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 contract to do so, at Licensee's sole cost.
8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline,
Licensor hereby reserves the right to inspect same and to require Licensee to
undertake necessary repairs, maintenance or adjustments to Pipeline, which
Licensee hereby agrees to make promptly, at Licensee's sole cost and expense.
9. RISK; LIABILITY, 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 Statutory, as amended), shall defend, indemnify and
save Licensor harmless from and against any and all liability, loss, claim, sui t,
damage, charge or expense which Licensor may suffer, sustain, incur or in any way
be subjected 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, ope rat ions, 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 or negligence of Licensor.
9.2 Use of Licensor's right-of-way involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding Section 9.1,
Licensee expressly assumes all risk of loss and damage to Licensee's Property or
Pipeline in, on, over or under the Occupancy, including loss of or any
interference with use thereof, regardless of cause, including electrical field
creation, fire or derailment arising out of Licensor's rail operations. For this
Section, the term "Licensee's Property" shall include pipe contents as well as
property of third parties situated or placed upon Licensor's right-of-way by
Licensee or by such third parties at request of or for benefit of Licensee.
9.3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk
of loss which may result [rom Licensee's failure to maintain either the Pipeline
or the required depth and encasement for Pipeline.
CSXT Form 2037-G - Page 6
Revised April 1995 ~
Agreement No. CSX-025944
9.4 To the extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless
from: (n) all claims, costs and expenses, including reasonable attorneys' 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 resulting from leaking, bursting, spilling, or any escape
of the material transmitted in or through said Pipeline; (b) any claim or
liability arising under federal or state law dealing with either such sudden or
nonsudden pollution of air, water, land and/or ground water arising therefrom or
the remedy thereof; and (c) any subsidence or failure of lateral or subjacent
support of Licensor's tracks arising from such Pipeline leakage, etc.
9.5 Obligations of Licensee hereunder to defend, indemnify and hold
Licensor harmless shall also extend to companies and other legal entities that
control or are controlled by or subsidiaries of or are affiliated 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 claim or action.
10. INSURANCE:
10.1 Prior to commencement of surveys, construction or occupation of
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 Commercial 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 MILLION DOLIARS ($3,000,000) Combined
Single Limit per occurrence for bodily injury liability and property damage
liability is currently recommended as a prudent limit to protect Licensee's
assumed obligations.
10.2 If said CGL policy does not automatically cover Licensee's
contractual liability during periods of survey, construction, maintenance and
continued occupation, a specific endorsement adding such coverage shall be
purchased by Licensee. If said CGL policy is written on a "claims made" basis
instead of a "per occurrence" basis, Licensee shall arrange for adequate time for
reporting losses. Failure to do so shall be at Licensee's sole risk.
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee,
pursuant to State Statute(s) I may self-insure or self-assume, in any amount(s),
any contracted liabili ty arising under this Agreement, under a funded program of
self-insurance, which fund will respond to liability of Licensee imposed by and
in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensee's liability under
this Agreement, but shall be additional security therefor.
10.5 In the event that Licensee or its agents or contractor(s) shall
perform construction or demolition operations within fifty feet (50') of any
CSXT Form 2037-G - Page 7
Revised April 1995 ~
Agreement No. CSX-025944
operated railroad track(s) or affecting any railroad bridge, trestle, tunnel,
track(s), roadbed, overpass or underpass, Licensee shall (a) notify Licensor and
(b) pay to Licensor the sum of U.S.DOLLARS ($NjA) I to cover the cost of adding
this Occupancy (Crossing) to Licensor's Railroad Protective Liability (RPL)
Policy for any period of actual construction or demolition.
11. GRADE CROSSINGS: FLAGGING:
ll.l Nothing herein contained shall be construed to permit Licensee, or
any contractor of Licensee, to move any vehicles or equipment over track(s) of
Licensor I except at public road crossing(s), without separate prior written
approval of Licensor (CSXT Form 7422).
ll.2 If Licensor deems it advisable, during the progress of any
construction, maintenance, repair, renewal, alteration, change or removal of said
Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing
for protection of operations of Licensor or others on Licensor's right-of-way,
and to keep persons, equipment and materials away from Licensor's track(s),
Licensor shall have the right to do so at the expense of Licensee, but Licensor
shall not be liable for failure to do so.
ll.3 Subject to Licensor's consent and to Licensor's Railroad Operating
Rules and existing labor agreements, Licensee may provide such flagmen, watchmen,
inspectors or supervisors, during all times of construction, repair, maintenance,
replacement or removal, at Licensee'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. L1CENSOR'S COSTS:
l2.l Any additional or alternative costs or expenses incurred by Licensor
to accommodate Licensee's continued use of Licensor's property as a result of
Track Changes or Pipe Changes shall also be paid by Licensee.
l2 .2 Licensor's expense for wages (" force account" work) and materials for
any work performed at the expense of Licensee pursuant hereto shall be paid by
Licensee within thirty (30) days after 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 supervision under "force account" rules, plus current applicable
overhead percentages, the actual cost of materials, and insurance, freight and
handling charges on all materials used. Equipment rentals shall be in accordance
with Licensor's applicable fixed rate(s).
12.4 All undisputed bills or portions of bills not paid within said thirty
(30) days shall thereafter accrue interest at twelve percent (l2%) 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:
CSXT Form 2037-0 - Page 8
Revised April 1995 ~
Agreement No. CSK-025944
13.1 The proper and complete performance of each covenant of this
Agreement shall be deemed of the essence thereof, and in the event Licensee fails
or refuses to fully and completely perform 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 privileges and powers hereby conferred, regardless of license fee(s)
having been paid in advance for any annual or other period. Upon such
revocation, Licensee shall 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 covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently
waived in writing by Licensor.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the
date of: (a) revocation, (b) termination, (c) subsequent agreement, or
(d) Licensee's removal of Pipeline from the Crossing. However, neither
revocation nor termination of this Agreement shall affect any claims and
liabilities which may have arisen or accrued hereunder, and which at the time of
termination or revocation have not been satisfied; neither party, however,
waiving any third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, 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 to Licensor, and (c) reimburse Licensor any
loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (5656 Adamo Drive,
Tampa, FL 33619-3240) at least five (5) days' written notice before doing any
work on Licensor'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 to Licensee 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.
15.3 Unless otherwise expressly stated herein, all such notices shall be
in writing and sent via Certified or Registered Mail, Return Receipt Requested,
or by courier, and shall be effective upon (a) actual receipt, or (b) date of
refusal of such delivery.
16. ASSIGNMENT:
CSXT Form 2037-G - Page 9
Revised April 1995 ~
Agreement No. CSX-025944
16.1 The rights herein conferred are the privilege of Licensee only, and
Licensee shall obtain Licensor's prior wri tten consent to any assignment of
Licensee's interest herein; said consent shall not be unreasonably withheld.
16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective
successors or assigns.
16.3 Licensee shall give Licensor notice of any legal succession (by
merger, consolidation, 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.
16.4 Licensee expressly reserves the right to assign this Agreement, in
whole or in part, to any 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, assiglunent,
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
to 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 obtain
said consent.
17. TITLE; LIENS, ENCUMBRANCES:
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.
17.2 Nothing in this Agreement shall be deemed to give, and Licensor
hereby expressly waives, any claim of ownership in and to any part of Licensee's
Pipeline.
l7.3 Licensee shall not create or permit any mortgage, pledge, security,
interest, lien or encumbrances, including without limitation, tax liens and liens
or encumbrances \l1ith respect to work performed or equipment furnished in
connection with the construction, installation, repair, maintenance or operation
of Licensee's Pipeline in or on any portion of the Occupancy (collectively,
"Liens or Encumbrances"), to be established or remain against the Occupancy or
any portion thereof or any other Licensor property.
17.4 In the event that any property of Licensor becomes subject to such
Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same
promptly upon Licensee's receipt of notice that such Lien or Encumbrances has
been filed or docketed against the Occupancy or any other property of Licensor;
however, Licensee reserves the right to challenge, at its sole expense, the
validity and/or enforceability of any such Liens or Encumbrances.
18. GENERAL PROVISIONS:
.~,"~. ,
CSXT Form 2037-G - Page 10
Revised April 1995 ~
Agreement No. CSX-025944
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provlslon hereof, nor any agreement or
provision included herein by reference, shall operate or be construed as being
for the benefit of any third person.
18.3 Neither the form of this Agreement. nor any language herein, shall
be interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
federal, state, county, municipal 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 or enforceability of each other separate division, or any
combination thereof.
18.5 This Agreement shall be construed and governed by the laws of the
state in which the Pipeline and Crossing is located.
19. RIDERS:
The following Rider(s) is/are herewith attached and included herein:
[] Open-cut or tunneling construction limits
[X] Telecommunication Cable or Fiber Optic line
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date first above
.
CSXT Fonn 2037-0 - Page t I
Revised April 1995
Agrcemcnt No. CSX-025944
written.
Witness for Licensor:
CSX TRANSPORTATION, INC..
By:
PrintfType Name:
PrintfType Title:
Witness for Licensee:
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
Elizabeth M. Deptula, City Manager
Approved as to fonn and
legal sufficiency:
Attest:
Cynthia E. Goudeau, City Clerk
John Carassas
Assistant City Attorney
(':
.
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
d~
1. No construction of any type pursuant or related in any way to this
Agreement shall be commenced by Licensee, or by any agent , representative,
contractor, subcontractor of Licensee, without Licensee first giving at least
thirty (30) days written notice to the following Parallel Cable Occupier(s):
("MCl")
Mr. Greg Solomon
R & U Planning
MCr Telecommunications Corporation
400 International Parkway
Richardson, TX 75081
Dept. l187/041
Phone No. (800) 624-9675
(NOTE: WRITTEN CONSENT OF MeI IS ALSO REQUIRED)
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 proposed
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 adjacent
to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s),
cab1e(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
thereto, resulting 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:
(Initial)
(Date)
Licensee:
(Initial)
(Date)
M~~
Clearwater City Commission
Agenda Cover Memorandum
Q I tern #
~ J Heeting Date:
0.(P.q&
SUBJECT:
Clearwater Ferry Service, Inc. License and Agreement - Seventh Amendment
RECOMMENDATION/MOTION:
Approve the seventh amendment to the Clearwater Ferry Service, Inc. License and
Agreement, which will amend the Minimum Routing Schedule, (EXhibit B), so that
the operation of the ferry service will be on an as-need and on-call basis
1m and that the appropriate officials be authorized to execute same.
....
SUMMARY:
* On August 2, 1989, the city entered into a License and Agreement with
Clearwater Ferry Service, Inc. to operate a commercial ferry service in
Clearwater Harbor from the Drew street Dock.
* The Minimum Routing Schedule on the original License and Agreement called
for the ferry service to be evaluated at the completion of the first four
months of operation and at the completion of eight months of operation.
* On September 20, 1990, the City commission approved the second amendment to
the License Agreement, which allowed the ferry service to be ev~luated annually
by the city Manager.
* The annual review of the ferry service over the years has shown very little
ridership. Last year, a total of 26 passengers used the ferry service from the
beach to Drew street or from Drew street to the beach.
* Mr. Phil Henderson, President of the Clearwater Ferry Service, has requested
that the License and Agreement be amended to on call as needed for the ferry
boat service.
* staff recommends approval of this amendment to the Minimum Routing Schedule
for the ferry service.
5t?
N/A
N/A
N/A
N/A
Originating Dept:
Mad ne
Costs: S n/a
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
Total
Commission Action:
[] Approved
[] Approved w/conditions
[] Denied
D Continued to:
User Dept:
$ nfa
Current Fiscal Yr.
Marine
Flnding Source:
o Capital Imp.
o Operat in9
o Other
SlbIitted by: I
?-~
,..' t'
el ty Manager .
Advertised:
Date: nla
Paper: n/a
ll3I Not Requi red
Affected Parties
o Notified
~ Not Requi red
Appropriation Code:
A ttachmcnts:
1. Letter from Mr. Phil
Henderson.
2. Seventh Amendment to
License and Agreement.
3. Exhibit B to License and
Agreement.
4. Summary of Amendrncnts for
Clearwater Ferry Service.
D None
o Printed on recycled paper
.
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CLEARWATER
RRY
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APR 1 5 1996
HARtjUHM1'\\> 1l:11~ UrrlCE
April 15, 1996
William Held
Harbor Master
City of Clearwater
Clearwater, Fl 34630
Dear Bill:
The ferry service between the mainland and Clearwater beach
began in 1990. The service was started after a study
determined there was a transportation need for people to get
between the beach and downtown. At that time a trolly system
was ruled out.
Today we have a very fine Trolley system subsidized by the
city of Clearwater. This makes a non-subsidized boat ferry
service an unrealistic option for me and for the public. As
reflected in my annual report for last year (attached) we
carried a total of just 18 ferry service passengers between
the beach and downtown.
In view of the above factors I would like to amend my ferry
service contract to make the ferry boats available on call as
needed. This would include, but not to be limited to, such
things as; Harborview support, bridge closures (eKample
Clearwater Pass bridge shutdown) and other local needs.
I will continue to maintain the building and dock as needed
until the city takes ownership January 20, 2000 of the
300,000.00 fixed improvements I originally put in. I
currently use the location as a staging area for our Tarpon
Springs eKcursion and other charters.
P.O, BOX 3335, CLEARWATER BEACH, FLORIDA 34630
TELEPHONE: (813) 442.7433 FAX: (813) 446.4814
,.
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CLEARWATER
RRY
In addition, the original contrast provided three slips for
the ferry boats in the beach marina at no cost to me. This
was part of the package that requires me to deliver all the
fixed improvements of the ferry service location to the city
of Clearwater. All the boats have been relocated to paying
slips at the marina. This has allowed the marina to rent the
slips we previously occupied. This way there is no cost to
the city incured by the ferry service, through the remainder
of my contract.
Your favorable consideration to this request will be greatlY
appreciated.
Cordially,
P.O. BOX 3335, CLEARWATER BEACH, FLORIDA 34630
TELEPHONE: (813) 442-7433 FAX: (813) 446-4814
.... -.-.... --. ...--" . -:- .~, -- .~ ..' . .'
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'-....- RRY
The following is a list of toe number of passengers who went
either from the beach to Drew Street or from Drew Street to
the beach, and did not participate in any of our cruises.
CHART ONE
One Way Round Tri~ Total
September (94) 02 04 06
October (94) 02 04 06
November (94) 03 00 03
Dec~mber (94) 00 00 00
I
January (93) 00 00 00 I
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February (9~) 00 00 00 !
1
March (95) 10 00 10 I
.
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April (95) 00 00 00 !
i
May (95) 00 00 00
June (95) 01 00 01
July (95) 00 00 00
August (95) 00 00 00
TOTAL 18 8 26
P.O. BOX 3335, CLEARWATER BEACH, FLORIDA 34630
TELEPHONE: (813) 442.7433 FAX: (813) 446.4814
SEYENTH AMENDMENT TO LICENSE AND AGREEMENT
THIS SEVENTH AMENDMENT TO LICENSE AND AGREEMENT is
entered into by and between the CITY OF CLEARWATER, a Florida municipal
corporation (the "CITY"), and CLEARWATER FERRY SERVICE, INC., a Florida
corporation (the "OPERATOR").
WHEREAS, the CITY and the OPERATOR entered into a License and
Agreement on August 2, 1989, wherein the CITY authorized the OPERATOR to
operate a commercial ferry service; and
WHEREAS, the CITY and the OPERATOR have agreed to amend the License
and Agreement as provided herein;
,1
NOW THEREFORE, in consideration of the conditions and mutual covenants
1
,
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contained herein, the parties do hereby agree as follows:
1. Exhibit B, of the License and Agreement is amended to read as follows:
Minimum Routing Schedule - Operation of the ferry service will be provided on
an as-need basis as determined by the CITY . OPERATOR agrees to provide ferry
service on-call as determined by the CITY or its representative.
2. All of the terms and conditions of the License and Agreement, as
previously amended, shall continue in effect except as amended herein.
This amendment shall take effect as of
, 1996, when fully
executed by both of the parties hereto.
\u' . '
, ,'I.
Countersigned:
CITY OF CLEARW A TER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
City Manager
Approved as to form and
legal sufficiency:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Attest:
CLEARWATER FERRY SERVICE, INC.
By:
Secretary
President
5: \jskinner\ferry .agt
2
MINIMUM ROUTING SCHEDULE
f~~!' ..
EXHIBIT B
TO
LICENSE AND AGREEMENT
BETWEEN
CITY OF CLEARWATER
AND
CLEARWATER FERRY SERVICE, INC.
Round trips will be provided from 10:00 a.m. until 5:00 p.m. from March
1, through October 31. A minimum of six round trips must be provided,
visitation and weather permitting. Peak service trips will be provided during
spring break each year and the Friday before all holiday weekends plus each
and every weekend. Peak service days will provide daily round tripe from 9:00
a.m. to 5:30 p.m.. Operation of the Ferry Service between November 1, and
February 28, will be by mutual consent of OPERATOR and CITY. At the
completion of the firs four (4) months of operation, the Ferry Service days
and times of operation will be evaluated as to continuity and feasibility. At
the completion of eight (8) months of operation the Ferry service will again
be evaluated to insure that service is adequate and operates smoothly. If
..
adjustments are needed, they wil~ be.-made by mutual agreement at the end of
the first year of operation.
').:~' , --:
Number
Description of Amendment
SUMMARY OF AMENDMENTS FOR CLEARWATER FERRY SERVICE, INC.
LICENSE AND AGREEMENT
1.
Allowing ferry service to stop at Clearwater
Marina during "Kick Off" day for Safe Boating
Week on June 2, 1990.
2.
Amendment to the Minimum Routing Schedule,
deleting Mondays not falling on a national
holiday, and combining the four and eight month
evaluation into an annual evaluation.
3.
Allowing ferry service to transport passengers
to clearwater Marina on Special Events and other
city-sponsored functions, when specially approved
by the city commission.
5.
Deleting "bridges" and adding "Drawbridges" and
adding "Clearwater Marina as outlined in the
Fourth Amendment to the License and Agreement...
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4.
Allowing ferry service to transport passengers
to and from Clearwater Marina after 2 p. m. and
allowing ferry service to transport walking groups
at nearby hotels from the Marina.
6.
Amendment to provide pedestrian ferry service
between Clearwater Beach and Sand Key while the
Clearwater Pass Bridge was closed to vehicular
traffic.
,',';':",.! ;,\ " .
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Item # 30
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Cle31Water City Commission
Agenda Cover Memorandum
Item 1#
Meeting Date:
SUBJECT:
CITY-WIDE DICTATION SYSTEM
RECOMMENDATION/MOTIOH:
Award a contract to purchase a city-wide dictation system, at a cost of
$33,158.30, from the Dictaphone Corporation, in accordance with Code Sec.
2.564 (1) (d), price quoted under the GSA Contract GS-25F-4066B, and authorize
transfer of $33,158.30 from Police Department Debt Services Code
010-01144-591600-521-000 to Police Department Capital Machinery and Equipment
Code 010-01145-564000-521-000,
II and that the appropriate officlala be authorized to execute same.
BACKGROUND:
. Currently, the Police Department is utilizing a stand-alone dictation
system which is not integrated nor capable of being linked to the city's
new Sprint phone system.
. Also does not allow management of workload or editing capabilities.
.
In order for an employee to perform dictation away from his/her desk,
a microcassette tape recorder must be used and the tape turned over
to a transcriber for playback.
The majority of the components of the current system are at least 6
years old.
The proposed system is a state-of-the-art digital system which integrates
with the new city Sprint phone system.
.
.
.,
. The Dictaphone system is the dictation system most recommended by sprint
for ease of integration and proven performance.
. This dictation system is so designed to be capable of allowing the
dictation and transcription of information by 8 individuals simultaneously
from any touch-tone phone and at any location.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
=i==
~4
Costs: S 33.158.30
Total
User Dept:
S 33.158.30
Current Fiscal Yr.
C~ission Action:
[] Approved
[] Approved w/conditions
[] Deni ed
[] Continued to:
FlM'lding Source:
o Capital Iq>.
9 Operating FY 95/96
o Other
Attachments:
, ~';"i\
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Advertised:
Date:
Paper:
a Not Requi red
Affected Parties
o Notiffed
181 Not Requf red
181 None
~itted by:
,---.
'-
Appropriation Code:
010-01145-564000-521-000
() Printed on recycled paper
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Workload management and editing capabilities are standard features.
. system can be shared by all departments within the city.
· Dictaphone Corporation is currently involved with the recording of all
calls coming into the Communications system.
. System can be easily upgraded to a maximum of 16 simultaneous users at
minimal costs as needs increase.
. System price quoted is under GSA Contract GS-25F-4066Bi competitive bid is
not necessary per city Ordinance 2.564.
.
Funding for this project is included in the Police Department's current
operating budget.
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Clearwater City Commission
Agenda Cover Memorandum
I tern II
Heeting Date:
3 (, . ~, . q Y;
SUBJECT:
POLICE UNIFORMS
RECOMMENDATION/MOTION:
Renew the contract with Martin's Uniforms, Tampa, Florida, for a period of one
(1) year, from July 18, 1996 to July 17, 1997, for the purchase of Police
Department uniforms and related equipment at an amount not to exceed $85,000.00
in accordance with general specifications of Bid #95-95,
~ and that the appropriate officials be authorized to execute same.
BACRGROUND:
· The Police Department supplies items of uniform apparel and related police
equipment to outfit new employees and to replace worn or damaged items for
members assigned to all programs of the Police Department such as; Police
Officers, Police service Technicians, Police Aides, and School Crossing
Guards.
· In early May 1995, Martin's Uniforms responded to Bid #95-95 and was the
lowest most responsive and responsible bid submitted in accordance with
bid specifications. The current contract allows for renewal for up to two
(2) additional years, this being the first renewal year, with increases
which do not exceed the Consumer Price Index.
· Martin's has supplied uniforms to the Police Department for the last four
(4) years under the initial contract of 1992 and the current contract.
The service has been very satisfactory. The uniforms delivered conform to
specifications and any problems are resolved quickly and to the
satisfaction of the Police Department.
. This contract renewal will contain the same terms and conditions stated
in the original bid with no price increase.
. This contract renewal , as indicated in the existing contract, will
exclude weapons, ammunition, radios, and other specialized equipment.
lev' wed by':
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
HIA
~
'N/A
~
vv
Originating Dept:
POL ICE
'tJ,
Costs:NOT TO EXCEED $85.000.00
Total
$ 10.000.00
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Deni eel
o Continued to:
User Dept:
Fla'lding Source:
o Capital Imp.
~ Operating FY 95/96
o Other
Attachments:
Vendor's renewal letter
.'
.'
Advertised:
Date:
Paper:
~ Not Required
Affected Parties
o Notified
r8I Not Requi red
Appropriation Code:
010-01145-547100-521-000
010-01131-547100-521-000 &
various other divisional
547100 ro ram codes.
C None
Submitted by: .
Cit Ma ':r ~
.~ led
~~ Printed on reeye paper
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· Funding for this purchase is available in the current 1995/96 operating
budget through line item 547100 which is distributed throughout the
various Police Department programs with a combined balance in excess of
$10,000.00 as of April 1, 1996. Funds needed beyond September 30, 1996
are part of the requested 1996/97 operating budget.
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Martin's Uniforms
2320 W. HiIIsborough Avenue · Tampa, Florida 33603
(813) 877-0511 · Fax (813) 878.0379
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A 0Msi0n Ot
,. Superior Surgical
.. Mfg. Co., rnc.
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April 10, 1996
Captain Meissner
City of Clearwater
Police Department
644 Pierce Street
Clearwater, FL 34616
Dear Capt. Meissner:
Martin's Uniforms would like to renew our current contract Bid #95-95 for an additional
year from 7/18/96 through 7/18/97. this would be under the same terms and conditions
stated in the original bid with no price increase.
Thank you in advance for your consideration.
Sincerely,
MARTIN'S UNIFORMS
David Muar
Vice President, Sales
DM/kjf
cc: Bob Santa Cruz
Rich Jacobson
Bid File
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Cleanvater City Commission
Agenda Cover Memorandum
}
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1 tern #
~eeting Date:
~. &~.1~
SUBJECT: POLICE DEPARTMENT COMPUTERS
RECOMMENDATION/MOTION:
Amend the city's contract with PSI International, Inc., of Fairfax, Virginia
for the purchase of 66 additional Fujitsu laptop personal computers and related
components; and award a contract to Dell computer Corporation for 30 Dell
desktop personal computers and related components, at a total cost of $372,837
plus annual maintenance of $31,848 to begin one year following acceptance;
pricing for the laptop computers and maintenance contract established in
previous bid #210-94, awarded by the Commission to PSI International, Inc. on
May 18, 1995; pricing for the Dell desktop computers established under Florida
State Contract #250-040-96-1, said purchase being in accordance with Code Sec.
2.564(1)(d), purchases from government contracts, funding to be provided from
the Special Law Enforcement Trust Fund,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
. In April, 1995 the Police Department, in conjunction with Information
Management, presented the city and Police Department's computerization
strategic plan to the city Commission, which included a plan for providing
police officers and city computer users with new hardware.
. On May 18, 1995, the commission awarded a contract to PSI International,
Inc. for police computer systems and system integration services at a cost
of $3,335,000. These systems include computer-aided-dispatch, records
management, field reporting, mobile data, automated parking tickets, wide
area networking, and the office automation network in the new police
headquarters building. Several of these components have already been
delivered; others are under development and/or await the completion of the
new police headquarters building.
. Each Clearwater police officer has been issued a laptop computer for the
completion of field reports as a part of their issued equipment since
1989. The 1995 computer project plan included replacement of those 7-year
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/If
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.
Originating Dept:
POLiCE
. /(&..;..
Costs $ 404 .685
Total
User Dept:
$ 372.837.00
Current Fiscal Yr.
Commission Action:
[] Approved
[] Approved w/conditions
[] Denied
o Continued to:
FUlding Source:
o Capital Imp.
o Operating
~ Other S.L.E.F.
Attachments:
y
Advertised:
Date:
Paper:
~ Not Required
Affected Parties
o Notified
~ Not Required
~ None
SlbDi tted bv:,-. /) .:L"7J--
'S:r 1Y7t.~
eft ManageU
Appropriati on tode:
181-99331-564000-521-000
~ Printed on recycled paper
- 2 -
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old computers, but only funded one laptop computer per patrol vehicle (137
computers), rather than one computer per patrol officer (approximately 200
computers). The plan was for that computer to be shared by any and all
officers assigned to that vehicle.
. Police department staff continued to assess the original "one-computer-
per-car" plan. Concerns were raised that use of the computers for up to
24 hours a day and the lack of anyone person to be accountable for the
computer would generate significant maintenance problems. The plan also
did not provide for computer access by field officers who may not have a
car for a shift, such as community policing officers. Further, it limited
the ability of the officers to create and use databases of information
specifically related to their assigned neighborhood, or to retrieve
reports or other information for court or at other times that the officer
was not in a vehicle.
. In the past year since the award of the PSI contract, the Police
Department has acquired funding in the Special Law Enforcement Trust fund
to allow the purchase of 66 additional notebook computers (Fujitsu
stylistic 500) and related components which will allow the department to
continue to issue a computer to each officer.
. Although the RFP was issued in 1994, the contract was awarded to PSI in
May, 1995 and the first 137 Fujitsu computers were selected and purchased
through PSI in December, ~995 at lower cost than the original bid. Each
computer "unit" includes the mobile docking hardware, mobile keyboard, and
software to integrate it into the mobile data system.
. Also, under the 1995 computer project plan, the police department had
planned on retaining 21 older, 486 processor-based office PC's in the new
network. Since that time, advanced operating systems have been released
such as Windows 95 and Windows NT and it is no longer prudent to use those
486-based computers for full-time office use; Pentium-based processors are
strongly recommended in the current environment. We are proposing that we
replace 19 of those 486-based computers with City-standard Dell Pentium
133 mhz personal computers with the Microsoft Office software and network
interface cards at a cost of $2,503.70 each. The 486-based computers will
be retained for other, less critical applications within the network.
. Also, the police department has included space in the new police
headquarters building for a computer training lab for police department
employees as well as other city employees. This purchase also includes 11
personal computers (Dell Pentiums with Microsoft Office) for that training
lab. Approximately 350 police department employees use computers as a
part of their regular job duties. (The new Municipal Services Building
will have a 6-position computer training lab.)
. Annual maintenance on each computer will be $328 for the Fujitsu laptop
computers and $340 for the Dell desktop computers, for an annual total of
$31,848 which will be payable one (1) year following acceptance of the
computers, estimated to be August, 1997.
. Purchase cost breakdown is as follows:
66 Fujitsu laptop computer units from PSI International
30 Dell desktop personal computers from Dell Corp.
Total Expenditure
$297,726
$ 75,111
$372,837
Funding for this purchase is currently available in the Special Law
Enforcement Trust Fund. Funding for the annual maintenance costs will be
included in the police department's future years' operating budgets.
fW1--
Clearwater City Commission
Agenda Cover Memorandum
33
Item #
Meeting Date: ____
c; . (:.. q C;:
SUBJECT: Contract Sweeping of Beach Commercial Streets, Downtown Commercial
Streets, and Beach and Downtown Parking Lots.
RECOMMENDATION/MOTION: Award a contract for private street sweeping services
from October 1, 1996 to September 30, 1999 subject to annual fund availability
to Sweeping Corporation of America of Nashville, Tennessee for a total cost of
$383,940.00 which is the lowest responsible bid submitted in accordance with
the specifications,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
~The award of this contact will extend for three years, the current
program of joint City-Private provision of sweeping services.
~Current contract with Sweeping Corporation of America in the amount of
$347,220 ends September 30, 1996.
~Sweeping program has proven very satisfactory since its inception eleven
years ago.
~Contract calls for sweeping the Downtown commercial streets and parking
lots twice each week; and the Beach commercial streets and parking lots
(including the Memorial Causeway) three times each week.
~The FY 1996/97 Public Works/Stormwater Utility and the Engineering/Park-
ing System operating budget request will include sufficient funds to
cover the $127,980 for the first year of the contract.
~The Public Works/Stormwater Utility's request will include $53,325 and
the Engineering/Parking System request will include $74,655 for this
contract.
~The Harborview Center will be billed for the sweeping of the three
parking lots around the Center, which is estimated to be $9,360 per year.
User Dept:
Public \.larks
$ -0-
Current Fiscal Yr.
FY 96/97 $127,980
Funding Source:
o Capital Imp.
Ci3:I Operat i ng
o Other
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
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N/A
Originating Dept:
Public \.larks
Costs: $ 383.940
Total
;,')
Advertised:
Date: 03/22/96 - 03/29/96
Paper: pinellas County
Review/Tampa Tribune
o Not Requi red
Affected Parties
I8l Notified
o Not Requi red
Attachments:
Bid SUlTmary
o None
Submitted bY~~___
. M~ -
City age? "
Appropriation Code:
419-02090-530300-539-000
435-01333-530300-545-000
.... ....... -~-------~ . -. ~ . ,'~ .
33
CITY OF CLEARWATER
BID 99-96 OPENED APRIL 11, 1996
BID TAB
ITEM
..lID.:.
STREET SWEEPING
DESCRIPTION
SWEEPING SERVICES
SAFETY HARBOR. FLORIDA
TOTAL
PRICE
585,000.00
SWEEPING CORPORATION
NASHVILLE. TENNESSEE
TOTAL
PRICE
383.940.00
1. STREET SWEEPING
------------
------------
------------
------------
J
START DATE:
TERMS:
OCT 1, 1996
NET MONTHLY
IMMEDIATELY
NET 10
SUMMARY OF BID 99-96
BIDS SOLICITED:
BIDS RECEIVED:
NO RESPONSE:
NO-BID RESPONSE:
6
2
4
o
.'"1.
;
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Item #
E f 11
f'1 -~
CLEARWATER CITY COMMISSION --;L-!'
Agenda Cover Memorandum )
l~
Meeting Date
SUBJECT: Amendment to Times Publishing Company parking lot lease.
RECOMMENDATION/MOTION: Approve Second Amendment To Lease Agreement dated December
2, 1994 with the Times Publishing Company, amending the lease premises to include
additional lands in Block 8, MAGNOLIA PARK SUBDIVISION, requiring protective
fencing for a storage building, but no additional monthly rent; and extending the
lease term three months through March 31, 1997, with all other lease provisions
unchanged,
au And that the appropriate official be authorized to execute same.
BACKGROUND:
~ The city entered into a land lease with the Times Publishing Company of vacant
property at the southeast corner of East Avenue and Pierce street on December 2,
1994 to provide interim parking during construction of the MSB/PS complex. The
rent was established at $1,038.00 per month.
~ The original lease term that expired November 30, 1995 was extended by written
notice from the city Manager, as provided by the lease, to May 30, 1996. The
term was again extended by action of the city commission on December 7, 1995 to
December 31, 1996.
~ This Second Amendment to the lease agreement provides for the addition of
approximately 13,515 square feet of land to the lease premises, and extends the
term, at city option, to March 31, 1997. Thirty to forty percent of the added
premises are unusable due to the presence of a dry pond and a storage building.
~ The amendment requires no additional monthly rent. It does require that the
city protect the storage building on the property with bollards or other
protective measures, and restore the additional lease premises at termination
along with all other land covered by the lease, as previously agreed.
~ Funding for the three month lease extension, if required, is available in
Capital Improvement Project 315-94602, Municipal Services/Public Safety Complex.
Eng
N/A
ubi-
Originating Dept'l Costs: $3,114.00 commission Action
Eng ineeri ng ,X (Current FY) -0- Approved
. / },
User Dept. ,. Funding Source: Approved
City Manager w/conditions _____
Capt. Imp. X
Denied
Adverti sed: Operating
Cont'd to
Date: Other
Reviewed by:
Legal (~~
Budget ~
Purchasing N/A
Risk Mgmt. N/A
DIS
ACM
Paper:
Appropriation Code(s)
Attachments:
Copy of Second Amendment To
Lease Agreement
Other
Not required
)(
315-94602-544200-519-000
SUbmitted/!!y~
ciif!;,'9ar
Affected parties
not if i ed
Not required )(
2ndAmend Agn
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this
1 ~ r day of Ma y , 1996, by and between the TIMES
PUBLISHING COMPANY (as "Lessor"), and the CITY OF CLEARWATER,
FLORIDA (as "Lessee"), regarding that certain Lease Agreement
between the parties dated December 2, 1994, governing lease of
premises legally described as:
THE WEST 114 FEET OF BLOCK 8, MAGNOLIA PARK SUBDIVISION,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK H-l, PAGE 70, PUBLIC RECORDS OF HILLSBOROUGH COUNTY,
FLORIDA, OF WHICH PINELLAS COu~TY WAS FORNERLY A PART.
WHEREAS, Lessee desires to amend the lease premises governed
by this lease to include all of the following described property
without payment of additional rent consideration:
ALL OF LOTS 1,2,3,8,9, AND 10, IN BLOCK 8, MAGNOLIA PARK
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK H-1, PAGE 70, OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH
PINELLAS COUNTY WAS FORMERLY A PART; and,
WHEREAS, Lessor is agreeable to adding the additional lands
requested by Lessee to the lease premises without additional rent
consideration; and,
WHEREAS, Lessee desires to extend the term of said lease for
three (3) months commencing January 1, 1997 and terminating March
31, 1997, with the option by Lessee to earlier terminate said lease
anytime after December 31, 1996 upon giving not less than thirty
(30) days written notice of such intent to Lessor; and,
WHEREAS, Lessor is agreeable to extending the term of said
lease for the additional term requested by Lessee;
NOW, THEREFORE, in consideration of the mutual promises made
therein, and the mutual benefits being derived by each of the
parties thereto, it is agreed that:
A) The Lease Premises governed by said lease are amended to
include all property as above described without additional rent;
but, Lessee shall, in consideration thereof, erect bollards or
other security feature to protect the integrity of the aluminum
storage shed existing upon the expanded Lease Premises, and shall
be obligated throughout the lease term to provide and assure
Lessor, it employees or agents, unimpeded access to said storage
shed.
Page 1 of 2
,(i.' .'
B) The term of said Lease Agreement is hereby extended up to
three (3) additional months from December 31, 1996 through March
31, 1997, with the Lessee having the option to terminate said lease
anytime after December 31, 1996 upon providing Lessor not less than
thirty (30) days written notice of Lessee's intent to terminate.
All other term and conditions of said Lease Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the said parties have hereunto set their
hands and seals on the day and year first above written.
Signed, sealed and delivered
~ef7i~
TIMES PUBLISHING COMPANY
By: ca~:j:;~
Vice President Administration,
Treasurer & Secretary
~/i$~
Attest:
(~dQ ~fe{-U
L~nda Crow
Manager, purchasing
countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Mayor-commissioner
Elizabeth M. Deptula
city Manager
Approved as to form and
legal sufficiency:
Attest:
John Carassas
Assistant city Attorney
Cynthia E. Goudeau
City Clerk
Page 2 of 2
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Item #
,,' / ,.-
(".\V .q~~
SUBJECf: CHESTNUT STREET AND GARDEN A VENUE STORM IMPROVEMENTS (96-16)
RECOMMENDATION/MOTION: Approve Change Number 3 to the 1996 UNDERDRAIN CONTRACT (96-16) to
KEYSTONE EXCAVATORS, INC. of Oldsmar, Florida, extending the contract time by 40 days and increasing the contract amount
by $138,975.09 for a new contract total of$759,625.97,
't(J ~
CLEARW A TER CITY COMM ISSION
Agenda Cover Memorandum
'"/ C:'~'
~)
<--), .-/
Meeting Date
[!] and that the appropriate officials be authorized to execute same.
SUMMARY:
. The purpose of this change order is to provide for the installation of storm water improvements in the area of Garden Ave. from
Court Street through the existing retention pond to Turner Street. The City's engineering consultant was requested to review the
drainage systems in the area of Garden Avenue and its intersections with Court Street and Chestnut Street and to make
recommendations for improvements which would be both feasible and pennitable. The PBS&J study determined several
alternatives for the enlargement and replacement of existing pipes and stonn inlets all of which were incorporated into a stonnwater
permit application approved by Pinellas County. Consequently, the benefit of the work proposed by tlllS change order will be the
lowering of the local high water elevation during a storm event by approximately 9 inches. This will reduce the liklihood
of flooding by more than 50%.
. Upon completion of the construction plans, bids were solicited from the major utility contractors currently doing work for the City
of Clearwater. Bids were solicited from Rowland, Incorporated (Del Oro Stonn Improvements, Phase 2), MTM Contractors, Inc.
(Myrtle Ave. Stonn and 1996 Sidewalk), All American Concrete, Inc. (Water Bond Phases 13 and 14) and Keystone Excavators,
Inc. (1996 Underdrain). Three bids were received with the low bidder being Keystone Excavators, Inc. in the amount of
$138,975.09.
. Keystone as agreed to interrupt the present work schedule of the 1996 Underdrain Replacement project to begin construction of the
Garden Ave. stormwater improvements immediately upon execution of the change order and receipt of construction pipe materials.
The proposed construction would begin on approximately June 17 with completion in late July.
. Traffic flow on all streets will be maintained during the period of construction.
. Funding in the amount of$40,487 is available in capital project 315-96104, Storm Drainage R&R. The balance of$98,477 will be
provided by a midyear budget amendment transferring funding from 315-96103, Stonnwater Land Purchases.
Reviewed by:
Legel 9~-
::i:::.Dep;.X
\I /\
Costs: $138.975.09
Commission Action
(Current FYI
Approved
Budget
i
, Purchi'lsing
~
User Dept.
( ,
i i
\.
Funding Source:
Approved
w/conditions
Engineering
Copt. Imp.
x
Denied
Risk Mgmt.
N/A
Advertised:
Operating
Cont'd to
IS N/A
ACM bl ~
ENG. -4k.
)'
OTHER /i
Date:
Other
Paper:
Not required:
NfA
Affected parties
notified
Appropriation Code(a)
Attachments:
Submitted BV:
315-96104-563700-539-000
Change Order #3
t:ity Manager
~1~
garden.agn
Not Required
x
Bid tabulation
'.' \'
.'
DATE:
Mav 15. 1996
CHANGB ORDER #3
!.
PROJECT:
1996 UNDBRDRAIN CONTRACT
PROJECT HUMBBR:
96-2
CONTRACTOR a
DYSTOIfB BXCAVATORS, INC.
371 SCARLET BLVD.
OLDSMAR, FLORIDA 34677
DAD OF CONTRACT a
01/17/96
CODB:
315-92256-563700-541-000
SCOPB OF CHANGE:
~BIS CHANGE ORDER ACCEPTS REVISIONS TO TIlE CONTRACT
SEE ATTACHED SHEET FOR ITEMS AND QUANTITIES.
APPROVE TIME EXTENSION OF AN ADDITIONAL 40 DAYS TO COMPLETE THIS WORK.
..-.........
S~A~ OF CONTRAC':r AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
PREVIOUS TOTAL
CHANGE ORDER #2
PREVIOUS TOTAL
CHANGE ORDER #3
NEW CONTRACT TOTAL
$598,822.50
+S 21.885.53
$620,708.03
-S 57.15
$620,650.88
+S138.975.09
$759,625.97
KEYS~ONE EXCAVATORS, INC.
By:~ff~
Robert Fornwalt,
(SEAL
Vice-presider.
Rita Garvey,
Mayor-Commissioner
Date:
E-
-"
/;
I?
John C. Carassas, Asst. city Attorney
(Approved as to form and correctness)
WITNESSES: .
)(1 . 'r C>
. '-l (l . J . '.../. ./'':' /r. "I
Doris K. Gu(f~y ~
ATTEST:
,-l~c'_ Q-f~~
Alice R. Eckman
Cynthia E. Goudeau,
City Clerk
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
P.E.
Date:
Elizabeth M. Deptula,
City Manager
Change Order #3 Underdraln
1"" '
, . . " . . . ", . '. ..
Page 2
Change Order 13
1996 Underdrain COn~ract (96-2)
Kay.tone Bxcavator., Inc.
eb..tnut St. and Garden Avenue Sto~ ImDrovements (96-16l
Item # 1 - Mobilization
Item # 2 - Maintenance of Traffic
Item # 3 - Pollution and Sediment Control
Item # 4 - Install/Replace 12" x 14" RCP
Item # 5 - Install/Replace 18" RCP
Item # 6 - Install/Replace 18" CIP
Item # 7 - Install/Replace 24" RCP
Item # 8 - Install/Replace 30" RCP
Item # 9 - Install/Replace 29" x 45" RCP
Item #10 - Install/Replace 36" RCP
Item #11 - Construct Type A Inlet
Item #12 Construct Type D Inlet
Item #13 Construct Manhole
Item #14 Construct Conflict Manhole
(9 I x6 ' )
Item #15 - Construct Conflict Manhole
(4'x4')
Item #16 - Connect to Existing Manholes
Item #17 - Demolition
Item #18 - 6" PC - III Asphaltic Base
Item #19 - 1 ~" Type PC-1 Asphalt
Item #20 - Pavement Milling
Item #21 - Install Sod
Item #22 - Replace Sidewalk
Item #23 - Replace Unsuitable Material
(If Required)
Item #24 - Install 6" Underdrain
(If Required)
Item #25 - Install Clean 6" - 12"
Concrete Rip Rap
Item #26 - Regrade Existing Retention Pond
Item #27 - Valley Gutter Curb
Item #28 - Concre~e Drive Replacement
Item #29 - preparation, Installation &
Management of Project Sign(s)
Items for Change Order IJ3
1 L.S. @ $
1 L.S. @ $
1 L.S. @ $
42 L.F. @ $
24 L.F. @ $
33 L.F. @ $
30 L.F. @ $
156 L.F. @ $
55 L.F. @ $
251 L.F. @ $
1 EACH @ $
1 EACH @ $
8 EACH @ $
1 EACH @ $
1,029.40 II: $
1,672.00 - $
570.82 8: $
46.45 a: $
68.47 = $
153.38 8: $
82.86 = $
94.81 = $
107.64 = $
98.69 = $
2,175.00 = $
1,207.00 = $
1,550.00 = $
3,409.01 = $
1 EACH @ $ 2,284.01 = $
5 EACH @ $
1 L.S. @ $
1,404 S.Y. @ $
3,148 S.Y. @ $
421 S. Y. @ $
15,180 S.F. @ $
125 S.F. @ $
500 C.Y. @ $
100 L.F. @ $
100 S.Y. @ $
1 L.S. @ $
200 L.F. @ $
150 S.F. @ $
2 EACH @ $
632.60 = $
5,160.05 = $
14.49 = $
3.48 = $
3.56 = $
0.27 = $
2.00 = $
11.36 = $
11. 25 = $
12.99 = $
1,324.17 = $
8.72 = $
3.46 = $
222.00 = S
1,029.40
1,672.00
570.82
1,950.90
1,643.28
5,061.54
2,485.80
14,790.36
5,920.20
24,771.19
2,175.00
1,207.00
12,400.00
3,409.01
2,284.01
3,163.00
5,160.05
20,343.96
10,955.04
1,498.76
4,098.60
250.00
5,680.00
1,125.00
1,299.00
1,324.17
1,744.00
519.00
444.00
Total Increase = $138,975.09
-- -
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Contract No. 96-16
DATE: OS/27/96
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Clearwater City Commission
Agenda Cover Memorandum
SUBJECT: Agreement for Consultant Services, Allen's Creek Watershed Rehabilitation Project at Hercules
Avenue
RECOMMENDA liON/MOTION: Approve the ranking and award a contract for consultant services in the
amount of $200,000 to Tampa Bay Engineering, Inc. of Clearwater, Florida for the design of a watershed
rehabilitation project at Hercules Avenue and Allen's Creek.
l!J and that the appropriate officials be authorized to execute same.
BACKGROUND:
· On April 6, 1995, the City Commission approved the Cooperative Agreement between the Southwest Florida
Water Management District, Pinellas County and the City of Clearwater for the design and implementation of a
watershed rehabilitation project at Hercules Avenue and Allen's Creek.
· The agreement was subsequently ratified by the other participating agencies.
. Project objectives include the management of surface water runoff to Allen's Creek, water quality
enhancement, restoration of the natural flood plain in such a manner as to maintain an appropriate balance
among, and improvement of wildlife utilization of uplands, open water and intermediate wetland habitats and
provide an education opportunity for the general public.
. Proposals were solicited for engineering services for the design of the project and the following four firms were
ranked in descending order through the selection process, by a committee comprised of representatives from
the Southwest Florida Water Management District, Pinellas County and the City of Clearwater:
Camp Dresser & McKee, Incorporated
Tampa Bay Engineering, Inc.
Coastal Environmental, Incorporated
Greiner, Incorporated
. Selection was based on competence, including technical education and training, experience in previous undertakings of
this kind, availability of adequate personnel, equipment and facilities, and where applicable the relationship of cost
estimates to actual costs on previous undertakings; current work load; financial responsibility; storm water management
and environmental expertise, emphasis being placed on past performance of the firms and also upon the abilities and
accomplishments of the individuals to be assigned to the project; and experience working with governmental entities or
joint publidprivate clients.
. Although negotiations with Camp Dresser & McKee, Incorporated (COM) were earnestly pursued, a project scope that
accomplished the major project objectives could not be developed within the budget agreed to by the Cooperative
Agreement, and participating agencies were not amenable to amending the Agreement to increase project costs.
. Negotiations with second ranked firm, Tampa Bay Engineering, Incorporated resulted in an acceptable agreement for this
project, within budget and consistent with the project scope.
I
Reviewed by:
legal
Budget
Purchasing
Risk Mgrnt.
Engineering (
IS
ACM
Other
Originating Department: /7' I
E.. ~ \
ngtneenng/ Ii '}
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User Department: C
$200,000
Total
$200,000
Current Fiscal Year
Costs:
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
Funding Source:
I!I Capilallmprovemenl:
o Operating:
o OthN:
Attachments:
N/A
'1)~
Advertised:
Date:
?aper:
o Not Required
Agreement (or Consultant
Services
Appropriation Code
Submitted by:
fl~
City Manager
o Printed on recyclt'd paper -
A((ect~ Parties
o Notified
00 Not Required
o None
315-96103-561200
-539-000
· This project is fully consistent with the City of Clearwater Five Year Capital Watershed Plan and Water Resource Project
Summary document approved by the City of Commission in June of 1995.
· The Environmental Advisory Board recommended approval by the City Commission at their March 20, 1996 meeting.
· The City's share of costs for this project is 61,600.
· Total project costs in the amount of $200,000 are available in the Capital Improvement project 315-96103, Stormwater
Quality Improvements/Property Purchases.
Clearwater will pay the total $200,000 up front. sv~~m and Pine11as County will
reimburse the City $100,000 and $38,400, respectively.
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AGREEMENT FOR CONSULTANT SERVICES
FOR THE
DESIGN OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
TillS AGREEMENT, made and entered into this 27 day of ~ 1996, by and
between the City of Cleanvater, Florida, hereinafter referred to as the CITY, and -Tampa B<\Y
Eniineerinl:. Inc. . with offices in Clearwater. Elorida . hereinafter referred to as
the CONSULTANT.
WITNESSETH, That
WHEREAS, the Allen's Creek watershed is contained within portions of the City of Clearwater,
the City of Largo and the unincorporated part of Pinellas County, hereafter referred to as the
"WATERSHED," encompassing approximately four thousand seven hundred (4,700) acres, and
containing a twenty-seven (27) acre site near Lakeview Road and Hercules Avenue proposed for the
construction of a surface water management facility, and flood plain and wildlife habitat restoration
hereinafter referred to as the "PROJECT;" and
WHEREAS, the CITY, Pinellas County, and the Southwest Florida Water Management District
have entered into an Agreement for the design and implementation of the PROJECT; and
WHEREAS, the CITY desires to engage the CONSULTANT to provide professional engineering
and environmental services in accordance with this agreement; and
WHEREAS, the CONSULTANT has expressed the wiIIingness and ability to provide such services
in accordance with the Agreement;
NOW THEREFORE, the CONSUL rANT and the CITY, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
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SECTION 1
SCOPE OF PROJECT
1.1 INTENT OF THIS AGREEMENT
This project is being developed in accordance with the Cooperative Agreement between the
Southwest Florida Water Management District, Pinellas County~ and the City of Clearwater for the
design and implementation of the PROJECT the objectives of which will include but are not limited
to:
Management of surface water runoff to Allen's Creek, including attenuation of in-stream
peak flow rates.
Biological treatment of surface runoff, including retrofit of existing stormwater pollutant
sources.
Restoration of the natural flood plain in such a manner as to maintain an appropri::lte balance
among and improve wildlife utilization of uplands, open water and intermediate wetlands
habitats.
Provision of an educational opportunity for the general public by illustrating methods of
surface water management, water quality improvement, and enhancement of wildlife habitat
and value of vegetative diversity.
1.2 PROJECT DESCRIPTION
The twenty-seven (27) acre site referred to as the Maple Swamp is located in the Allen's Creek
watershed, on parcels owned by Pinellas County and the City of Clearwater. The area is near
Hercules Avenue and Lakeview Road, in a residential community and adjacent to Plumb
Elementary School. Clearwater High School is one mile to the north. A concrete sidewalk which
traverses the site is primarily used by children living to the east while walking to nearby Plumb
Elementary to the west.
Historically, the site was a floodplain forest dominated by red maple (Acer rubrum) and bay (Persea
spp.) trees. Portions of the site were either filled and now are maintained fields or were mined for
borrow material and peat. The borrow sites now contain water and support nuisance vegetation such
as Brazilian pepper (Schinus terebeinthifolius), willow (Salix caroliniana) and cattail (Typha spp.)
In the remnant floodplain forest where peat mining occurred Brazilian pepper and air-potato
(Dioscorea bulbifera) have encroached.
A preliminary evaluation of the opportunities for this site indicate that current public ownership
2
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offers an excellent opportunity to restore the habitat values lost by historical activities. Because of
the site's proximity to Allen's Creek, a stormwater treatment facility should also be incorporated into
the design. To maximize the use of public property~ habitat and stormwater features could be
designed into a park master plan including nature trails and interpretive stations.
The habitat restoration effort should include removal of exotic vegetation and replacement with
desirable native species. Although natural recruitment of desirable species into areas where exotic
or nuisance plants have been removed is a cost effective management tool, replanting with native
vegetation as necessary. Upland habitats should be enhanced to attract various species of native
birds, mammals and reptiles, as well as prey species.
To enhance the overall water quality of Allen's Creek, stormwater treatment features should be
incorporated into the design of this project. Various types of systems could be employed including
biological treatment systems (i.e. vegetated wetlands) located in littoral zones along created streams
and ponds, floodplain wetlands for flood attenuation, and creation of meandering channels designed
above and below the nomlal water elevation.
The design of the PROJECT should increase the capacity of the creek to store runoff and attenuate
peak flow rates in accordance with the current Allen's Creek Watershed Management Plan (pg. II.
1.2.15 - Allen~s Creek Early Action Plan, January 13, 1995).
The habitat and stornlwater features can be incorporated into an overall park master plan. Nature
trails can meander throughout the historic hardwood forest, lacustrine wetlands, creek channels and
connecting upland habitats. Interpretive stations t;an describe the habitats on the property, and the
overall goals and benefits of the project itself. To maximize the educational benefits, the park can
be designed to be used by local schools as an outdoor classroom.
Monitoring and maintenance of the wetland habitats will be required and may extend to five (5)
years beyond construction completion. Monitoring the survival of planted vegetation, occurrence
of exotic or nuisance vegetation, and wildlife use of the site is also proposed.
1.3 LIMITS OF WORK
1.3.1 The PROJECT limits shall encompass all areas required for the
improvements described herein and shall extend, laterally and linearly, to
those boundaries, in accordance with good engineering practice, to render the
proposed improvements compatible with abutting property and all existing
drainage systems.
1.3.2 It is desirable that proposed improvements be contained within the limits of
existing publicly owned lands, rights-of-way, or easements where practical
and feasible.
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1.4 KEY PERSONNEL
1.4.1 The CITY reserves the right to approve/disapprove for whatever reason all
personnel assigned to this project by the CONSULTANT. The individual(s)
named in Schedule 1 and/or such other individuals who are to be assigned to
work under this contract are necessary for the successful performance of this
contract. The CONSULTANT agrees that whenever for any reason, one or
more of the aforementioned individuals are unavailable for performance
under this contract, the CONSULTANT shall replace such individual(s) with
an individual(s) of substantially equal abilities and qualifications, subject to
approval by the CITY.
1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full
name, title, qualifications, and experience, for all successors and/or new
persons prior to assignment of such personnel to perform work under this
contract. Should the CITY decide the successor personnel does not meet the
qualifications of the replaced personnel, or in the case of new personnel, the
CITY determines they are not qualified to perform the work assigned, the
CITY will advise the CONSULTANT accordingly. The CONSULTANT
shall then submit name(s) and qualifications of an individuaI(s) to the CITY
until a determination is made by the CITY that the replacement individual(s)
has substantially equal abilities and qualifications of the individual(s) named
herein.
1.4.3 The CITY, PineIlas County, and SWFWMD will each designate a single
Project Representative, hereinafter referred to as CITY, COUNTY and
DISTRICT, who will serve as a liaison on all matters related to the
development of the PROJECT. The CONSULTANT, in recognition of the
existing Cooperative Agreement, shall simultaneously copy project
correspondence to the CITY, COUNTY and DISTRICT.
SECTION 2
SERVICES TO BE PROVIDED BY CONSULTANT
2.1 PROJECT MANAGEMENT AND COORDINA nON
2.1.1 Work Program Coordination - The CONSULTANT must coordinate work
activities with the CITY, COUNTY and DISTRICT, other involved State
agencies, municipalities, and other vendors. The CONSULTANT shall
submit a procedure outlining coordination activities. The CITY will,
4
however, be the primary contact.
2. J .2 Project Coordination Meeting - The CONSULTANT shall designate in
writing to the CITY, the Project Manager and those persons who will
supervise and coordinate the essential portions of the project. The
CONSULTANT shall schedule an initial joint coordination meeting.
2.2 INFORMATION COLLECTION AND MANAGEMENT
The objective of this task is to research work already performed in the PROJECT area and gather
pertinent data in order to evaluate the status of the ecological health of the system, and to determine
the most appropriate watershedlwaterbody model as it pertains to the project goals and proposed
improvements. This will include but not be limited to a review of the following information:
a. Existing Allen's Creek reports relative to the study area.
b. Hydrologic and meteorological records.
c. City Stonnwater Atlas Sheets
d. Existing drainage and stormwater management systems within the
study area
e. Rectified aerial photography of the study area (available on I' equals
40' with one foot contours from the CITY)
f. Docwnentation of significant flood events. IdentifY 25 and 1 00 Year,
24 Hour, frequency floodplains. The verification and calibration for
computer modeling may require an investigation of past events which
have existing documentation (Le. rainfall data and streamflow
records).
g. Present and projected land use within the study area including the
land use elements of the City of Clearwater, and Pinellas County
Comprehensive Plans, and major developments that have been
approved within the study area.
h. Drainage maps for City, County and State roads within the study area.
1. Surface water quality and sediment data.
5
j. Ecological studies.
k. Rules and laws related to stonnwater and flood plain management
(local, regional, state, and federal) pertinent to the study area
1. Historical and/or archaeological sites from the State Historical
Preservation Officer.
m. Soils and geotechnical infomlation required to identify soils related
problems using USGS hydrologic maps, soil survey maps, and the
Soil Conservation Service.
2.2.2 Evaluate and Define Deficiencies of Existing Data - Existing available data
shall be evaluated to identify any missing data necessary to the study.
Additionally, conflicting data will be identified. Missing or conflicting data
will be evaluated to determine the appropriate method of obtaining the
needed data or resolving conflicts.
2.2.3 Survey, Geologic, and Topographic Base Data - Maximum use will be made
of data found in existing studies once verified. Rectified aerial photography
is available at a scale of 1" equals 40' with one foot contours.
All surveying shall be performed under the direction and control of a Florida
Registered Professional Land Surveyor.
The CONSULTANT shall provide surveying as follows:
a. Topographical survey services necessary for determining water
surface profiles, aerial extent of existing flooding and of design
storms, conceptual design and permitting of channel improvements
and related drainage structures, including wetland jurisdictional
limits, and any required mitigation area(s) and/or stormwater
treatment facilities related to the PROJECT.
b. The CONSULTANT shall record survey data in acceptable field
books with copies of all survey notes delivered to the CITY upon
completion of all surveying.
c. The CONSULTANT may elect to use data collectors and magnetic
files in place of written notes or a combination of the two. If so, the
CONSULTANT shall provide a copy of the information in digital
fonn.
6
d. The CONSULTANT shall prepare the construction base sheets with
topographic information and boundary survey using a scale of I"
equals 40' to coincide with available May, 1994 rectified aerial
photography. The use of photography does not relieve the
CONSUL T ANT from field locating any topographic features that
may be obscured from the image.
e. The CONSULTANT shall be responsible for obtaining geotechnical
information required for design and construction of the PROJECT.
This will include, but not be limited to, percolation, standard
penetration test or auger borings, soil classification, seasonal high
water table, and grain size analysis. These activities will include all
field work, laboratory analysis and geotechnical report preparation.
f. The CONSULTANT shall provide on 1" equals 40' mapping:
1. Stream channel cross-section location
2. Proposed channel improvement locations
3. Storage areas
4. Structure numbers
5. 25 and 100 year frequency, 24 hour duration flood boundary
(pre and post construction)
g. The CONSULTANT shall also provide flood profiles showing all
structures, locations, sizes, dimensions with invert elevations for
drainage structures. This infonnation shall be provided on 24 by 36
inch drawings. The CONSULTANT shall provide mylar deliverables
of aerial maps and flood profiles as described. All drawings shall be
signed and sealed by an engineer registered in the State of Florida.
2.3 CONCEPTUAL DESIGN
The CONSULTANT shall furnish all design services necessary to perform the conceptual design
phase. The intent of conceptual design is to select the treatment train, wetland enhancements and
site ammenities. The CONSULTANT shall prepare "modular" elements for alternatives. At a two
day "brain-storming" meeting the CONSULTANT along with the CITY, COUNTY and DISTRICT
shall select the modular elements and one alternative for the conceptual design. A colaborate
decision will be made during the meeting to select the best conceptual design alternative that
addresses the project objectives. The CONSULTANT shall develop a draft conceptual plan for a
public information meeting. The CONSULTANT shall address any substantive comments and
prepare the final concept plan. The final conceptual design and a preliminary cost estimate for the
PROJECT shall be presented to the CITY, COUNTY and DISTRICT for their review and approval.
7
2.3.1 The CONSULTANT shall provide all engineering investigations necessary to
evaluate existing conditions and facilities including on-site utilities and their
potential impact on the PROJECT. The CONSULTANT shall be responsible for
mapping known utilities in the survey phase and the CITY will provide the utility
companies with plan sets of design at all review stages.
2.3.2 All engineering investigations and analysis necessary to prepare a final conceptual
design which will adequately meet the pennitting requirements of the pennitting
agencIes.
2.3.3 All engineering investigations and analysis necessary to determine the requirements
for the protection and enhancement of adjacent wetlands.
2.3.4 Interpretation as to the effect of the PROJECT on adjacent developments.
The CONSULTANT shall be responsible for calculations considering the contributing basin
in order to detennine water quality treatment volumes. The PROJECT area receives flow
from upstream areas in addition to direct discharge for adjacent residential properties.
The calculations will be utilized in order to design the treatment facility, maximize storage,
control structures and distribution swales for stonnwater attenuation and water quality
improvements. Based on input parameters such as drainage areas, land use, slopes, soil
types, runoff coefficients etc., preliminary stonnwater calculations will be made to detennine
tail water conditions.
The CITY, COUNTY and DISTRICT will have twenty (20) calendar days to provide
comments to the CONSULTANT for review and approval of draft and final conceptual
design documents.
2.3.5 Design Drawings for Educational Displays
The CONSULTANT shall be responsible for the production of final color educational
drawings that illustrate the improvements proposed for the PROJECT. The draft educational
graphics will be produced by the DISTRICT, CITY and COUNTY.
2.3.6 The CONSULTANT shall prepare a conceptual design report that includes the project
goals, design approach, results of the above investigations and analysis, calculations,
preliminary modeling results, and other pertinent data.
2.4 FINAL DESIGN
The CONSULTANT shall, after written notification of the approval by all three parties of the final
8
conceptual design, prepare a final design and construction plans.
2.4.1 CONSTRUCTION PLAN PREPARATION
The CONSULTANT shall be required to produce a plan set which will allow for the
permitting and the construction of the approved conceptual plan. This construction
plan set will include but not be limited to a cover sheet with location map, general
notes sheet, plan sheet with improvements, planting plan sheet, erosion control sheet,
drainage map, plan view sheets with profiles if needed, cross-section sheets, and
appropriate details as necessary for construction of the project.
All topographic features and existing facilities shall be shown in order to permit
determination of project impact on adjacent properties. Trees and tree clusters of a
species and size included in the environmental assessment shall be shown on the
construction plans. All known existing underground utilities, drainage structures,
and other facilities within the project limits shall be showl} on the construction plans.
Plan and cross-section sheets shall show station and offset infonnation or other
geometric control to structures, structure dimensions, pipe inverts and sizes, and
other pertinent information for the proposed facilities.
All sheets in the construction plan shall be 24 inches by 36 inches, with title blocks
including the CITY format, with sign-ofT blocks for COUNTY and DISTRICT on
the cover sheet.
A tabulation of earthwork quantities shall be shown on the cross-section sheet.
The CONSULTANT shall be required to produce a plan set which will allow for the
construction of the approved conceptual plan. The CONSULTANT shall provide the
CITY, COUNTY and DISTRICT four (4) sets each, of prints with PROJECT design
at the preliminary engineering review 30%, 60%, 90%, and 100% stages of the
PROJECT. The CONSULTANT shall provide a copy of the specific technical
provisions of the construction contract documents for review and approval at the 90%
and 100% review stages. Twenty (20) working days shall be scheduled for CITY,
COUNTY and DISTRICT review at each stage. The CONSULTANT shall
incorporate combined comments of all commenting agencies after each review. It
will be the responsibility of the CITY to ensure compilation of a single set of
comments to the CONSULTANT.
The CONSULTANT shall provide a construction cost estimate for the project with
the 60%, 90% and 100% review plans.
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., ..,'.' '. .
The CONSULTANT shall prepare technical specifications (specific provisions) as
required to bid the project and for proper construction of the project. These
specifications will be included in the standard contract document prepared by the
COUNTY which includes boiler plate on insurance, bonding, etc. The CITY will
provide the CONSULTANT with the legal section of the specifications and samples
of technical specifications for CONSULTANT revision as needed for the PROJECT.
The DISTRICT and COUNTY will have input into the specific provisions of the
Technical Specifications at the various review stages. The CONSULTANT shall be
responsible for the final technical specifications which shall be provided to the CITY
for their preparation of final specification package.
2.4.2 SPECIFICATIONS
Prior to the advertising for bids for construction of the project, the CONSULTANT
shall sign and seal two (2) sets of prints and two (2) sets of specifications. Each sheet
in the construction plans print set snaIl be signed, sealed and dated. The title sheet
only of the specifications shall be signed, sealed and dated.
2.4.3 FINAL REPORTS
The CONSULTANT shall prepare the final design report and submit four (4) copies
each to the CITY, COUNTY and DISTRICT for review and comment. The report
will include the information used for the calculations as well as the calculations. A
maximum of twenty (20) calendar days win be scheduled for CITY, COUNTY and
DISTRICT review. Upon completion of the approved project design, the
CONSUL T ANT shall provide three (3) copies of the final design reports to the
CITY, COUNTY and DISTRICT.
2.4.4 REPRODUCIBLE DRAWINGS
Upon acceptance of the final design by the CITY, COUNTY and DISTRICT, the
CONSULTANT shall furnish the original construction specifications and
reproducible drawings to the CITY and four (4) copies to the COUNTY and the
DISTRICT.
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2.5 PROJECT STORMWATER MODELING
The CONSULTANT shall incorporate the proposed drainage related improvements into a
Storm water Model to detemlinc the hydraulic effects in the project basin area. The CONSULTANT
shall be required to review existing modeling data that has been developed for the Allen's Creek
watershed and make the necessary modifications for evaluation of the PROJECT. The
CONSUL T ANT shall employ the current Allen's Creek Computer Model or other appropriate
hydraulic model in the design of the PROJECT and integrate hydrologic, and hydraulic features.
2.6 PERMITS
2.6.1 The CONSULTANT shall seek approval and/or affirmative comments from
permitting agencies having jurisdiction over the PROJECT area for the conceptual
design. The CONSULTANT shall schedule meetings with the various agencies and
shall give adequate notice to the CITY of each meeting scheduled so that PROJECT
REPRESENTATIVES can be in attendance. Subsequent to obtaining conceptual
approvaVor affirmative comments, the CONSUL T ANT shall proceed with
development of the final PROJECT design.
2.6.2 Permitting agencies having jurisdiction may include, but are not limited to, the
Florida Department of Environmental Protection, U.S. Army Corps of Engineers,
Southwest Florida Water Management District, Florida Game and Fresh Water Fish
Commission, U.S. Fish and Wildlife Services, U.S. Environmental Protection
Agency. Revie\\' agencies may include the Tampa Bay National Estuary Program,
and the Tampa Bay Regional Planning Council.
2.6.3 The CONSULT ANT shall prepare and submit permit applications and/or permit
amendment packages complete, with all supporting documents, including any
modeling to the appropriate agencies. The pennit application package shall be
included as part of the 60% review plans and design report and shall be reviewed and
approved by all three parties within fourteen (14) calendar days prior to regulatory
agency submittal.
2.6.4 The CONSULTANT shall prepare and submit additional information and respond
to the questions and comments received from the regulatory agencies during their
review of the permit applications through permit acquisition.
2.6.5 The CITY will be named as applicant on all applicable environmental and
construction permits.
11
2.6.6 The CITY will pay all permit fees and publish all notices as required by the
regulatory agencies.
2.7 PRESENT A TIONS, PUBLIC MEETINGS AND TECHNICAL LIAISON
Thc CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all
par1icipanl~, within seven (7) calendar days after the meetings. The meetings will be set up through
the CITY and the CITY, COUNTY and DISTRICT will attend. The CONSULTANT shall
coordinute with the CITY and prepare the necessary agenda for each meeting to be held. Agenda
shal1 hc submitted to the CITY at least five (5) working days prior to any scheduled meeting. All
display matcrial shall be developed and prepared by the CONSULTANT.
2.7.1 Prior to the commencement of PROJECT activities, the CITY will conduct with the
CONSUL T ANT one project initiation conference for the purpose of discussing issues
relative to the PROJECT and submittal schedules and to convey to the
CONSULTANT such items provided for under Section 2.1 as may be required and
available at that time.
2.7.2 The CONSULTANT shall be required to participate in a regularly scheduled monthly
Status or Progress Meeting during PROJECT development. It is anticipated that
CITY, COUNTY and DISTRICT will attend the project initiation conference and the
monthly status review meetings. A total of fourteen (14) Monthly Status Meetings
are proposed for this Agreement. The CONSULTANT and CITY, COUNTY and
DISTRICT will also participate in two (2) day "brain-stonning" meeting to select a
final alternative for conceptual design.
2.7.3 The CONSULTANT shall be required to conduct, with assistance from the CITY and
at a location to be provided by the CITY, all preappIication meetings and two public
information meetings concerning the PROJECT. The purpose of the meetings arc
to inform the public of the PROJECT as well as gather public input.
2.7.4 Public Information Meeting Requirements
These meetings are to be advertised and conducted as an information meeting. The
CONSUL T ANT shall conduct the meetings and prepare all necessary
advertisements, notices, displays, maps, scripts, etc. The CITY, COUNTY and
DISTRICT will assist the CONSULTANT in conducting the mcetings. The
CONSUL T ANT may be required to actively participate in the presentation as
follows:
a. All presentations (script and graphics), media relcases, legal and display
advertisements, and general (mass) property owner Icttcrs shull be prepared,
12
" .... . '--~~--.--"""'-""'''''--~''--- --_._'-:-~.--.~._.~. .-.. ~,.-"..- --
, . J . w " .. .
published and distributed by the CONSULTANT as authorized by the CITY,
after approval by the COUNTY and DISTRICT.
b. Display Advertisements. A black and white, quarter page display
advertisement announcing the meeting shall be prepared by the
CONSUL T ANT and submitted to the CITY for approval. The
CONSULTANT shall publish the advertisement in the Section A of St.
Petersburg Times newspaper.
c. News releases shall be prepared by the CONSULTANT and submitted to the
CITY for approval prior to publication by the CONSULTANT.
d. A Memorandum with location shall be prepared and sent to the CITY Project
Manager for submission to the CITY Public Information Department for
distribution.
e. The meeting fonnat shall be developed by the CONSULTANT and approved
by the CITY.
f. Prepare displays or wall graphics for use during the meeting. These may
include typical sections, aerial photographs, renderings, charts, and graphs,
as needed.
g. A briefing by the CONSULTANT of CITY, COUNTY and DISTRICT
representatives who will participate in the Public Information Meeting shall
be held at least five (5) working days prior to the Public Information
Meeting. The briefing shall be combined with a monthly progress meeting.
The briefing will also provide opportunity to review the proposed Public
Information Meeting format and all visual display and presentation items
prior to the meeting, therefore, allowing time for any required revision to
these items.
h. Following the completion of each Public Information Meeting, an in-house
meeting with the CITY, COUNTY and DISTRICT shall be scheduled by the
CONSULTANT to address public input. The CONSULTANT shall review
the public information gathered and prepare his recommendations regarding
any viable public comments that may improve the PROJECT.
2.7.5 With written authorization, anyone of the above meetings may be substituted for
another meeting in the Tampa Bay area without added cost to the CITY. If the total
public meetings and presentations as identified in this Agreement are exceeded,
compensation may be provided in accordance with Section 7 of this Agreement.
13
*.. - - - .,.--- .---- --- - --......- -- -.,,..- ~ .
. ( . . .
The CONSULTANT shall attend a prebid conference, answer any contractor
questions, and if required assist in the preparation of an addendum (I) to all attendees
at the prebid meeting or individuals that have picked up the contract documents.
2.8 CONSTRUCTION SERVICES
2.8.1 BIDDING SERVICES
2.8.2 CONSTRUCTION REVIEW
Subsequent to the CITY executing the contract with the contractor, the
CONSUL T ANT shall attend a preconstruction meeting. Subsequent to the
mobilization of the contractor and commencement of construction, the
CONSULTANT shall visit the site periodically to review the contractor's progress.
A total of six (6) site visits are proposed for this Agreement. Any changes to the
permitted design requested during construction must be approved by the CITY,
COUNTY and DISTRICT and the CONSULTANT prior to the implementation of
the change. The CONSULTANT shall contact the CITY prior to visiting the site.
The CONSULTANT shall immediately notify the CITY in writing with copies to the
COUNTY and the DISTRICT of any deviations for the construction plans and/or
specifications or permit conditions during the PROJECT construction.
2.8.3 RECORD DRA WINGS/CERTIFICA TIONS
The CONSULTANT shall make one (1) final field review of the project with the
CITY, COUNTY and DISTRICT. Based upon information provided by the CITY
and/or contractor, including a detailed survey of the completed PROJECT signed an
sealed by a Registered Land Surveyor, the contractor will prepare record drawings
and the CONSULTANT shall submit the final certifications of the project to the
CITY once approved and accepted by the CITY, COUNTY and DISTRICT. The
CONSUL T ANT shall also submit the project certifications to the permitting agencies
as required. The survey required for record drawing purposes will be prepared by the
Contractor or CITY. At the completion of the project the original mylars will be
provided to the CITY and one (1) set of mylar copies to the DISTRICT.
14
SECTION 3
SUBMITTALS
3.1 SUBMITTAL REQUIREMENTS (GENERAL)
Each submittal called for below shall be delivered with a transmittal letter signed by the
CONSUL T ANT's Project Manager stating that the submittal package is complete, and all pertinent
calculations and details have been checked for accuracy and completion. Checks will be perfonned
by the CITY to confmn that the submittal is complete. Incomplete submittals will be returned to the
CONSULTANT. All engineering documents must be signed and sealed by a Professional Engineer
registered in the State of Florida.
3.1.1 Invoicing from the CONSULTANT and payment by the CITY will be directly
correlated to submittal progress as outlined under Schedule of Payments.
3.1.2 The CITY in no way obligates itself to check the CONSUL T ANTs work and further
is not responsible for maintaining project schedules.
3.1.3 The actual acceptance by the CITY of any submittal, or the final acceptance by the
CITY of the PROJECT plan documents and reports provided for in this Agreement,
shall neither constitute nor imply any review or approval by the CITY of the services
perfonned by the CONSULTANT under the provisions of this Agreement, but shall
indicate only the CITY's acceptance of the CONSULTANTS affirmation of
compliance with the provisions and intent of this Agreement.
3.1.4 By executing this Agreement the CONSULTANT accepts the responsibility and
obligation to correct, to the satisfaction of the CITY Engineer and Director of
Environmental Management, and at no additional cost to the CITY, any and all
deficiencies in the preparation of the reports for this PROJECT resulting from errors
or omissions at such time and whenever the deficiencies may become known. Final
acceptance by the CITY of PROJECT reports and contract documents provided for
in this Agreement shall not relieve the CONSULTANT of compliance with the intent
of this Agreement to provide the CITY with documents that are complete in every
respect.
3.2 SUBMITIAL REQUlREMENTS
Prior to the pre-commencement meeting, the CONSUL T ANT shall develop and submit a PROJECT
schedule for review and approval by the CITY, COUNTY and DISTRICT.
15
~ ~ ~'. -- ._---~ --:----~ - ,.""'.......~- .. .
., ,
The CONSULTANT shall provide interim work products (preliminary engineering reports, 30%,
600/0, 90% plans, etc.), as applicable for review and comment. Upon completion and written
acceptance of the fmal design by the CITY, COUNTY and DISTRICT, the CONSULTANT shall
provide reproducible mylar drawings for the PROJECT to the CITY. The CONSULTANT sl1aII,
upon completion of all work products provide one (1) copy of all reports, maps, modeling on
computer disk, construction plans, and other documents to the CITY, COUNTY and DISTRICT.
SECTION 4
SERVICES TO BE PROVIDED BY THE CITY
The CITY will provide the following for the CONSULTANTs use and guidance:
4.1 Copies of all existing drainage studies and plans, computer information, existing maps,
existing aerial photographs, as built construction plans and other available infonnation
and data pertinent to the PROJECT which the CITY, COUNTY and DISTRICT may
have in their possession.
4.2 Copies of CITY and COUNTY Comprehensive Plans.
4.3 Copies of Clearwater Stonnwater Atlas Maps and Allen's Creek Watershed Management
Plan documents.
4.4 Reproducibles of any standard drawings applicable to the PROJECT.
4.5 Water quality data generated by the CITY and the COUNTY.
4.6 Verification of aerial contour grid elevations.
4.7 Boundary survey for project site.
4.8 Electronic copies of CITY title blocks and details.
4.9 Water Quality Monitoring and Testing.
4.10 Example Specifications and Plan Sets from CITY, COUNTY and DISTRICT.
SECTION 5
PROGRESS REPORTS
5.1 Subsequent to receipt of the "NOTICE TO PROCEED," and prior to submittal of the first
16
invoice for fees earned, the CONSULTANT shall submit for the CITY's approval a schedule
showing the completion dates for the various work items and milestones comprising the total
work effort estimated to be required for the completion of the BASIC SERVICES provided
for in this Agreement under Section 2, the weight of each work item in proportion to the total
work effort, and the portion of the total BASIC FEE assigned to each work itcm.
5.2 The CONSULTANT shall submit to the CITY, no later than the tcnth (10th) day of each
month, a progress report reflecting the PROJECT status, in terms of the total work effort
estimated to be required for the completion of the BASIC SERVICES, as of the last day of
the preceding month. The report shall show all work items, the percentage complete of each
item, the percentage oftota! work effort represented by each item, and the percentage of total
work effort completed.
5.3 All progress reports and invoices shall be mailed to the attention of the CITY's Project
Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater,
Florida 34618.
SECTION 6
COMPENSA TION TO THE CONSULTANT
6.1 The CONSULTANT shall be compensated for all services rendered under this Agreement
in accordance with the provisions of Schedule 2 (to be added).
6.2 Services described and provided for under Section 2.0 will constitute the BASIC SERVICES
provided for in this Agreement. For the BASIC SERVICES provided for in this Agreement,
the CITY agrees to pay the CONSULTANT fee of two-hundred thousand dollars ($200.00Q)
which amount shall constitute the total BASIC FEE. The BASIC FEE shall be the total and
complete amount payable to thc CONSULTANT for the performance of the BASIC
SERVICES, and shall include the cost of all materials, equipment, supplies and out-of-
pocket expenses incurred in the performance of the BASIC SERVICES.
In the event that this Agreement is terminated under the provisions of this contract the total
and complete compensation due the CONSULTANT shall be as established by the CITY
based on its detennination of the percentage of Basic Services work effort completed to date
of termination.
6.3 Contingency services - When authorized in writing by the CITY, the CONSULTANT shall
furnish services such as revisions to schematic plans, additional surveying, and water quality
monitoring that may result from the desires of affected property owners, or utility owners,
or from other unforeseen circumstance resulting in minor changes in the PROJECT scope.
Contingency services could also include, but not be limited to, environmental/contamination
17
. ~* ~ - -'IT'" .----.---~ - --'-. . .~. ~- . .
assessments and various survey services as required.
The CITY agrees to pay the CONSULTANT, a negotiated fee based on the work to be
performed under contingency services, up to an amount not to exceed ten percent (10%) of
the BASIC FEE.
6.4 Additional Services - When approved as an amendment to this Agreement, and authorized
in writing by the CITY, the CONSULTANT shall provide such additional services as may
become necessary because of changes in the services delineated in Section 2.
Additional services may also include but are not limited to the following:
An expanded analysis and reports/plans needed as a result of project investigations.
The CITY agrees to pay the CONSUL T ANT a negotiated total fee based on the work to be
performed under additional services.
SECTION 7
SCHEDULE OF PAYMENTS
The CITY will make monthly payments to the CONSULTANT in accordance with the following
terms:
7.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for
under Section 6.2, three (3) copies of an invoice for fees for work accomplished. The
invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to
the percentage of the total BASIC SERVICES work effort completed as reflected by the
progress report.
7.2 For the work effort performed toward the project described in Section 2. The payments to
the CONSULTANT of the Basic Fee shall not exceed the percentage of the Basic Fee until
specific milestone events are completed as follows:
18
.,.- ,~...._._----_. ----- -- _.--,- " .
MILESTONE MAXIMUM BASIC FEE PERCENT AGE
Conceptual Design 45%
30% Design 65%
60% Design 75%
90% Design 85%
100% Design 95%
Construction Bid 96%
Construction A ward 97%
Construction Period 98%
Certifications 100%
Note: Payment to subconsultants is based on their services and is not included in the above
percentages.
7.3 Invoices not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be returned to the CONSULTANT for correction.
SECTION 8
PERIOD OF SERVICE
8.1 The CONSULTANT shall begin work promptly after receipt of a fully executed copy of this
Agreement; such receipt shall constitute written notice to proceed.
8.2 If the CONSULTANTs design services called for under this Agreement are delayed for
reasons beyond the CONSULTANT's control, the time of perfonnance shall be adjusted
appropriately. If the design services under this agreement continue for a period of more than
two (2) years from the beginning date (as above provided), the fees contained in Schedule
2 shall be subject to renegotiation; any change in such fees shall apply only to the unfinished
services as of the effective date of such change.
19
SECTION 9
INSURANCE REQUIREMENTS
9.1 Workers Compensation and Employers Liability. The CONSULTANT shall procure and
maintain, for the life of this Agreement. Workers Compensation Insurance covering all
employees with limits meeting all applicable State and Federal laws. This coverage shall
include Employers Liability with limits meeting all applicable State and Federal laws.
9.2 General Liability. The CONSULTANT shall procure and maintain, for the life of this
Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability. Coverage shall be no more restrictive than
the latest edition of the Commercial General Liability Policies of the Insurance Services
Office.
9.2.1 This policy shall provide coverage for death, bodily injury, personal injury or
property damage that could arise directly or indirectly from the perfonnance of this
Agreement.
9.2.2 The minimum limits of coverage shall be five-hundred thousand dollars ($500,000)
Per Occurrence Combined Single Limit for Bodily Injury Liability and Property
Damage Liability.
9.2.3 The CITY will be included and identified as an Additional Insured under the
policy/certificate of insurance.
9.3 Business Automobile Liability - The CONSULTANT shall procure and maintain, for the
life of the Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be a three-hundred thousand dollars ($300,000) Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more
restrictive that the latest edition of the Business Automobiles Policies of the Insurance
Services Office.
9.4 Indemnity. The CONSULTANT shall defend, indemnify, save and hold the CITY harmless
from any and all claims, suits, judgements and liability for death, personal injury, bodily
injury or property damage arising directly or indirectly from the performance of this
Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or
other legal expenses. The CONSULTANT acknowledges that it is solely responsible for
complying with the terms of the Agreement.
20
9.5 Professional Liability - The CONSULTANT shall furnish proof of Professional Liability
(Errors & Omissions) coverage on an occurrence or claims-made form with a retro-active
date inception of contract with CITY or earlier. The minimum limits of coverage shall be
five-hundred thousand dollars ($500,000) per occurrence, with deductible or self-insured
retention (S.I.R.) indicated.
9.6 Supplemental Provisions
9.6.1 The insurance coverages and conditions afforded by this policy shall not be
suspended, voided, canceled or modified except after twenty (20) days prior written
notice by certified mail return receipt requested has been given to both the CITY
Engineer and the Risk Management Office of the CITY.
9.6.2 Certificates ofInsurance meeting the specific required insurance provisions specified
within this Agreement shall be forwarded to both the CITY Engineer and Risk
Management Offices of the CITY and approved prior to the start of any work. After
review, the Certificate will be filed with the CITY Clerk as part of the official
contract file.
9.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other
similar document, does not constitute acceptance or approval of amounts or types of
coverages which may be less than required by this Agreement.
9.6.4 The CITY may at its option require a copy of the CONSULTANT's Insurance
Policies.
9.6.5 All insurance policies required with this Agreement shall provide full coverage from
the first dollar of exposure unless otherwise stipulated. No deductibles will be
accepted without prior approval from the CITY.
9.6.6 Safety and Health Requirements
9.6.7 It is the CONSUL T ANT's sole duty to provide safe and healthful working conditions
to its employees and those of the CITY on and about the site of Agreement
performance. The CITY assumes no duty for supervision of the CONSULTANT.
9.6.8 The ClTY will order that the work stop if a condition of immediate danger to CITY
employees, equipment or property damage exists. This provision shall not shift
responsibility or risk of loss for injuries or damage sustained from the
CONSULTANT to the CITY, and the CONSULTANT shall remain solely
responsible for compliance with all safety requirements and for the safety of all
persons and property at the site of CONSULTANT perfonnance.
21
9.6.9 The CONSULTANT shall comply with the standards and regulations set forth by the
Occupational Safety and Health Administration (OSHA), the Florida Department of
Labor and Employment Security and all other appropriate Federal, State, and local
regulations or CITY safety and health standards.
SECTION 10
REQUIRED STATEMENTS
The submission of sworn statements under Section 287. 133(3)(A) Florida Statutes on Public Entity
Crimes and a Drug Free Workplace in accordance with Section 287.087 are required prior to the
execution of this Agreement.
SECTION 11
TERMINATION
This Agreement may be terminated by either party by seven (7) days prior written notice, in the
event of substantial failure to perfonn in accordance with the terms hereofby the other party through
no fault of the terminating party. If the Agreement is tenninated, the CONSULTANT shall be paid
in accordance with the provisions of Schedule 2 for all work performed up to the date oftennination.
SECTION 12
SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project described within this Agreement, or the services of the CONSULTANT
called for under this Agreement, is/are suspended, canceled or abandoned by the CITY, the
CONSULTANT shall be given twenty (20) days prior written notice of such action and shall be
compensated for the professional services provided and/or related fees for which there is an
irreversible obligation up to the date of suspension, cancellation or abandonment.
22
,..f<,' '
.
AGREEMENT FOR CONSULTANT SERVICES
FOR THE
DESIGN AND CONSTRUCTION
OF A WATERSHED REHABILITATION PROJECT
AT HERCULES AVENUE AND ALLEN'S CREEK
SECTION 13
EXTENT OF AGREEMENT
This Agreement represents, together with all Exhibits, the entire Agreement between the CITY and
the CONSUL T ANT and may be amended only by written instrument signed by both the CITY and
the CONSULTANT.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement
upon the terms and conditions above stated on the day and year first written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Elizabeth Deptula
City Manager
Approved as to form and
legal sufficiency
Attest:
By:
John Carassas,
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Witness:
By:
'~,~~
E. Peter Nikolov
Project Manager
Patrick L. Be er
President
23
. ~ --. .~ . ~.- --~----:~-~: ----:---.., :-'. -..- .-- ~', ".'
..
D.:SIG~ OF A WATERSHED REJlABILlTA T10~ PROJECT
AT HERCULES AND ALLE:'Ii'S CREEK
0312696
04:44 PM
:\'A~HOt'R A~l> FEE ESTI"ATE
t :~,~~pn~:"~=~",' ~ ~:~:'" ~..'.:'~T~~' ]}1r~'.L~i~~l~~,:j~~~~r;~~;f~T~~~I~~f~~~~;
, I MEETINGS l i
r-- . ------------ ---------- -.------------- -- ---. ---- ----------------- ---..--- -..-. ----------..--.-.-------..-- -.-----...--
~Prtdes!gn Conference Meeti!l.g_(~L______ _____ ___~___ _ ___}_____ ____2____________ _ ______ __u_________~____j----~_- __ S578.oo
\ Monthly Design Meeting (14) ____________ __________lL___ ___ ~~___ _ ____~~__ __ ____ _____ ____ _..___ _ __~_______ _~~___ _.!~.364.00
! Utili!)' Coordination Mectin.a (2) ____ __ ____ ___ ________ _ ______ ____ ~________ ____ _____h___ _~____ _ ______~_____ _ S412.oo ..
;Public Hearing Meeting (2) __________ _____~_____ _____g____ __12_ _________ ___1~__ ___8______ ____)~____ _~}2~0.~
; ;Pre-Bid Meeting (1) _____________ _______ ______-2_________~u__ ____ -----f------- ______~_____ __~_ S362:QQ___
; iPre-Construction ~1eetin8..i!}___~~___ ___on___ ._______. ___L___ __}__~. _____...__.___ ____.__ _.__~_ .__. .__._.~_ _ ~___ ___~_~_~~
" 'Other Meetines (2) 2 4 4 4 14 S940.oo
l Sub-total _______ _1~__ 50 ~~_ _Q..._____ _ 16 ___~O__ __192__ SI2,338.~
l I
k lDATA COLLECflON PJL\SE
~ Collect Project lnfonnatiom
r Review Data
, I
r :Define Deficiencies of Data
~ Sub-total
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,
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,
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,
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----------.------.--.-- -------------- ------.--t--------.- -------- -----.------- -------
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4 4 2 10 S654.oo
____u_ _____ ___. _ ___ __ ______ -________ ___._____., 1-__' .___ _______u___ ---.------.-
4 8 2 14 S926.oo
____________ .________ ___'_'___ ____ >--______ ________. ______ _____n___
4 8 2 14 S926.oo
o 12 20 0 0 6 38 S2,506.oo
------f-..----- -.------ ----- --- - -------- -- ---------- ------
3
----.------ -- ---- --- ------ ------- --- -- --------- ------- -- ---------- ---'-- --------
CONCEPTUAL DESIGN PHASE
____________________ _________ _ _________. _ ____________ ______n__._ _.__.____ ________..____
Brainstonning MeetingQL__________ ___!?_____ _____!~____ _J?__ _______ _ __!..__ --.--!4___ S3,328.00
,Prepare Alternative Design _______ ___~___ ___~__ .____~_ ______ ___________ ~___ __ 46 S3,236.00
Prepare Preliminary Concept Plan__ ______. __ ~_ _~....;_1~_ _____ _ ~_ S4 S3,362.00
Prepare Preliminary Concept~':l____ ____ _______ __!~__ 40 16 72 S4,528.oo
Incorporate Review Comments __ ____ ____.L_ 16 16 4 _ 44 S2,812.oo
Prepare Final Concept Plan ________ _______ __~ ____~_ _~__ ____~__~6 S5,418.00
Preoare Final Conceot Reoort 4 4 2 10 S654.00
Sub-tolal_ -.l~_ ___ 80 152 56 0 54 356 S23,338.00
"-----' '---
- ------ ------
DRAINAGE ANALYSIS
-- ---..----- -------- ----- i--------f--- -----
Delineate Drainage Basins _____ .___~____~ 4 __ 12
Evaluate Soils 2 4 6
-----.--------I---------f------ -----.-- --- --
Establish CNlRunofT CoelT 2 4 4 10
.---.-.--- ---.- -
:Establish land Use 2 4 4 10
_.________ __....____ __u_____ _ ____
Estabish Tc__________________ ____J___ ____ 4 4 __ 10
Stonnwater Modeling___________ __~______..2.Q__ ___J1__ __ 20 _ 4 __ 100
,Coordin~ion wI County ~od~________ __ _____ _____ ~__ __ 24 4 ___ __ __~____ __.1!._
:Culvert AnaJ~~_ _____________..________ _____~_____ __~L____'L_____ 4 28
jErosion Control Anal~is__ ______ _______ 4 _ ---.!_____ 2 __ _~_ _ 16
Drainage Reoort 4 16 16 16 16 68
Sub-total 8 72 136 62 0 30 308
__________..___..________....___ _.________u_____________ __ ._____ __-_ ____ ________
S824.oo
S428.oo
$668.00
S668.00
S668.00
S6,868.OO
$3,260.00
SI,780.00
$1,046.00
S4 288.00
S20,498.00
____ ___ _______ ____ __ ____ __. ue_ _______ ..___________
---- ._----------
--
-----
, 5 ,ENVIRONMENTAL ANALYSIS
[ 'Delineate Jurisdictional Areas -----:_~~~-_-~--- =~~-- -_~=- =-=-=-i=- _--=-t~-=~ ~__ _____~= ~_=_-t_~--=~~l!._~-_SI,250.oo
I .WetlandAreas Analysis __n__m_~______ ____ _ _ _L_ _ }!___ ___~___ ___ ___ ___ 2 ___~____ S2,818.oo
} :Red Maple Areas Analysis______ ________.. ______ __ 4 _ _ __ _.24 __.._~_~__ __ ______ __ _ _~q _ __~_ ___ _S2,97_~
~_llanting Assessment _____ d____ _ ____ _ _________ __ 2 _..___1~____ ___~______ __.. ___ __ _ ... 2__ _ ____~L...__..J 1,794.00
· Environmental Reoort 8 24 16 10 S8 S3,566.oo
Sub-total 0 18 96 64 0 18 196 S 12,402.00
i;------+---d-----.--.---.-- ---...-----
; 6 ,PUNS PREPARATION
..---_._---~.._--~--_..-.._-_. -. -.. ---
) Plans Prcoarartion
L--2~~.tot~______________ ___ __
t .
-- .. ---.._.-- -- -- ..
116
116
308 219 12
308 219 12
6
(>
d. -. -- ..'__ .h____.___
667 S44,470.OO
667 _S44,4}O.00 __
-- --- . -_. .
42 S2,9..~~:~ __
204 S 13,488,00
74 'S4,908.66-
. n_ ..' -
22 S' 524.00
I 342 S22,89ltOO
:, _'_4 .___________.___ ~------ -. .-. -- ---
'7 PERMITTING
~--~AgcnCifoordi~~ion=~~~-~~~----~~ -_ . ---
L_---1'~ll!~_~e.nnits and Calcu!~i<?Es._____ ...
~ Pennit Revisions
r ~PerffiitCertifications---n--- ------- __n_ -
~___..__~ub:~ot~L_____________H ___ .. __ ___
44
_ ____..__~ _._. _'h ~
16
6
24
12
4
46
16 16
-- .-
44 84
- .-.. -. .--- ~ --_.-. .'-.
16 24
.-- .--.
8 8
84 132
4
8
6
2
20
60 0
~"1"' .
.
-. - _w_____ .-- -- --~- _.__w.____ ~'_' _._.__~_ ______~ _.---.~- -
, ,
. I ---- 1------- ---- ------ ___..__ ___ __n_._ n___,_ _._.________ -- ..*--_._-
. I jEDllCAT10NAL DlSPLA....S
.- --. --------- ---- ----
~ IPreoare Educational Graphics 4 16 24 16 6 66 54 482.00
5 'Sub-total 4 16 24 16 0 6 66 54,482.00
h I ------ --_.
I
~ , ;DES1GN TASKS
r.
i General Notes 4 4 2 10 S704.oo
l IUtility Checks 4 4 4 2 14 S894.oo
r- QuantitieslEarthwork 4 12 24 2 42 $2,638.00
a Cost Estimates 4 8 8 2 22 S 1 ,406.00
Specifications 16 16 4 8 44 52,856.00
iO/C Promm 4 16 8 2 30 52,294.00
. Sub-total 4 48 52 42 0 16 162 $ 10,792.00
10 CONSTRUCTION SERVICES
Field Reviews (6) 10 12 12 34 S2,016.oo
- - -
Review Record Drawings 4 8 2 14 $926.00
Sub-total 0 14 20 0 0 14 48 $2,942.00
'Subtotal (1 thru 10) 78 510 994 519 28 246 2375 S 1 56,666.00
Reimbursable Expenses (10%) S9,400.oo
, Total $ 166,066.00
..
,ALLOWANCES
, SurveyingIPlanimetrics SI6,000.00
i Geotechnical S3,000.00
Environmental SI4,929.00
I
~ IGrand Total 78 510 994 519 28 246 2375 5199,995.00
.-
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C:\l23R5W\WORK\ALLENSMH. WK4
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PLANS PIU:PARATIOS
DESIGN OF A WATER.l5UED REHABILITATION PROJECT
AT HERCULES AND ALLEN'S CREEK
eM ,b.vt.
3c;;,
- . .. =--7-'=--'" ---_.- - ProfeCt- --- PT~ Clerical ~~~b~~~ I
TASK IDESCRlPTlON Nium~r --PrOjmmjcct
Sheets Princi Mana er Eni!neer Desilmet' Drafter StatT FEE
_ _ _'. _ /I $.\08~ s.!.~.OO $68.00 _ S60~<>9. - S40.OQ..._ S3S.00
- f---
-- iPLA.~S PREPARATION
iCovtr Sheet 1 1 2 4 7 7 $454.00
'General Notes -- --I --
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Typical sections '--.-
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----
IErosion Control 1 2 2 4 8 8 S532.00
Soli Boring Logs --'"
I 1 2 4 7 7 S374.00
- .
Plan 3 2 12 24 12 50 150 SI0,512.00 .
-- ---
Pian and Profile 6 8 16 8 32 192 S13,152.00
'Geometric Alignment 2 -- 4 16 24 48 S3,280.00
4
'-- -
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Plantings Sheet 2 2 16 16 34 68 $4,408.00
Construction Details 2 4 16 8 28 56 $3,760.00
- --
I -- -
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C:\I23IlSw\"''ORK\ALLENSMK. WX.
C f)o
Clearwater City Commission
Agenda Cover Memorandum
31
Item #
Meeting Date:
c;,.Ce 'Cl (f
SUBJECT:
Land Development Code amendment pertaining to density and the requirements for calculations resulting
in a fraction. (lDCA 96-14)
RECOMMEN DATI ON/M OTI ON:
Receive proposed Land Development Code Amendment and refer to City Clerk for advertising for public
hearing.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
City staff has identified a need to revise the land Development Code pertaining to the requirements for
calculations resulting in a fraction. Also, as a housekeeping measure, the word "net" must be deleted
for determining density as the code now defines density as units per gross acre.
Changes:
~ A fraction of one-half or more shall be considered a whole.
~ A fraction of less than one-half shall be disregarded.
~
Rounding of numbers shall be done after computations are made.
,
!
J
. \
~
"Net" is deleted from density calculations, consistent with rest of code and the comprehensive
land use plan.
~:
1
.
s
J
.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
t .D-S
-lUA
N/A
N/A
N~tt..
Originating Dept:
CENTRAL PERMITTING
Costs: S N/A
Total
User Dept:
$
Current Fiscal Yr.
commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Slbnitted by: LJX;T-
City Manager~7--v ;"
Advertised:
Date:
Paper:
~ Not Requi red
Affected Parties
o Notified
~ Not Requi red
F~ing Source:
o Capital Imp.
o Operating
o Other
Attachments:
DRAFT ORD I NANCE
o None
Appropriation code:
~ Printed on recycled paper
~~ ."~. ._---~._.'-- -." ~..
, .
Page 2
~,,(:~i>::i I
{;7:. :,"
31
This ordinance will need to be reviewed by the Planning and Zoning Board. The following public hearing
schedule is proposed:
BOARD ACTION DATE
CITY COMMISSION RECEIPT & REFERRAL JUNE 6, 1996
PLANNING & ZONING RECOMMENDA TION JUL Y 2, 1996
CITY COMMISSION FIRST READING AUGUST 1, 1996
CITY COMMISSION SECOND READING AUGUST 15, 1996
i
I
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, . . ' :' . - , : ' , . . .'., . "" . " . ~",
37
~..L-
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTION 40.007, CODE OF
ORDINANCES, TO AMEND AND REVISE THE
INTERPRETATION OF AND VARIANCE FROM CHAPTER
SECTION BY DELETING THE REFERENCE TO NET
DENSITY, BY DELETING THE OLD AND ADDING NEW
REQUIREMENTS FOR CALCULATIONS RESULTING IN A
FRACTION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 40.007, Code of Ordinances, is amended to read:
Sec. 40.007. Interpretation of and variance from chapter.
(1) The administration, interpretation and application of the provisions of this chapter not
.otherwise specifically set out in this chapter shall be as set forth in chapter 35, which contains
the Preamble, and chapter 36, pertaining to administration and enforcement, of this development
code.
(2) Any discrepancy between the minimum required lot size for a particular category of
use and the maximum permitted Bet density for a given zoning district that would result from
applying the minimum required lot size times the potential number of lots in a given district shall
be resolved by applying the minin1um required lot size for the individual category of use.
(3) Any mixed use development which includes a density-regulated use and a non-
density-regulated use shall have the permitted unit count determined by the following formula:
*
*
*
*
*
For the purpose of determining the actual number of residential dwelling units or
hotel/motel units vlhich may be permitted on a given parcel of land, fractions of units which
result from mathematically computing such unit count shall not be deemed to equal a unit.
*
*
*
*
*
(5) When any requirement of this chapter results in a fraction of a unit. a fraction of.!IDe::
half or more shall be considered a whole and a fraction of less than one-half shall.be disreiarcf.e{.L
Roundin~ of numbers shall be done after computations are made.
, ..I ' ,
, '
",,:1,.
3'7
".
"
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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
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
.~J
"
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
.;. .
.,.
.~ .
::\'
2
~';
cr II
Clearwater City Commission
Agenda Cover Memorandum
33"
Item #
Meeting Date:
~ .(~ .q 4;
SUBJECT:
land Development Code amendment allowing car rental uses as a conditional use in the Beach
Commercial District and Resort Commercial 28 District, identifying standards for approval of car rental
uses in the aforementioned zones, specifying that conditional use applications for outdoor displays must
be compatible in scale and appearance with surrounding uses to be approved, and deleting the
requirement for a minimum lot size of 30,000 square feet for outdoor retail sales, displays and/or storage
uses in Infill Commercial Districts. (LDCA 96-13)
RECOMMENDA TION/M OTION:
Receive proposed code amendment and refer to City Clerk for advertising for public hearing.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
Several property owners on Clearwater Beach recently submitted the attached letters to the City
requesting car rental uses be allowed within the Beach Commercial District and Resort Commercial 28
District. This issue was last considered by the City Commission on January 19, 1995. (See attached
minutes.) In response to these property owners, City staff prepared an ordinance which proposes to:
~ Allow car rental uses as a conditional use in the Beach Commercial District and Resort Commercial
28 District, and identifies standards for approval of car rental uses in the aforementioned zones.
In addition, staff has identified a need to make other amendments pertaining to outdoor retail sales,
displays and storage uses:
~ Specify that, to receive conditional use approval, outdoor retail sales, displays and/or storage must
be compatible in scale and appearance with surrounding uses without causing an undesirable
concentration within the vicinity or along a roadway corridor.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
lD-,5
N/A
N/A
N/A
~
f(A
Originating Dept:
CENTRAL ITTING
Costs: $ N/A
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
User Dept:
$
Current Fiscal Yr.
Advertised:
Date:
Paper:
181 Not Requi red
Affected Parties
o Not i f i ed
181 Not Requi red
FlrIdi ng Source:
o Capi ta lImp.
o Operating
o Other
Attachments:
DRAFT ORD I NANCE
1/19/95 CC MINUTES
LETTERS (3)
Appropri at i on Code:
o None
.~ l d
~. Printed on rccyc e paper
LDCA 96-13
Page 2
~ Delete the prohibition of temporary buildings, portable buildings, tents, stands, trailers and vending
carts in conjunction with outdoor sales, displays or storage uses.
~ Delete the restriction that outdoor sales in the Downtown/Mixed Use District be limited to vegetable
and fruit stands.
~ Delete the requirement for a minimum lot size of 30,000 square feet for outdoor storage in the
Downtown/Mixed Use District.
~ Delete the contradictory language prohibiting outdoor sales and displays of boat and vehicles in the
Infill Commercial District.
~ Delete the requirement for a minimum lot size of 30,000 square feet for outdoor retail sales, displays
and/or storage in the Infill Commercial District.
This ordinance will need to be reviewed by the Planning and Zoning Board. The following public hearing
schedule is proposed:
BOARD ACTION DATE
CITY COMMISSION RECEIPT & REFERRAL JUNE 6, 1996
PLANNING & ZONING RECOMMENDA TION JUL Y 2, 1996
CITY COMMISSION FIRST READING AUGUST 1, 1996
CITY COMMISSION SECOND READING AUGUST 15, 1996
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 40.365, 40.384, 41.053, CODE
OF ORDINANCES, TO ALLOW CAR RENTAL USES AS A
CONDITIONAL USE IN THE BEACH COMMERCIAL
DISTRICT AND RESORT COlviMERCIAL 28 DISTRICT,
IDENTIFYING STANDARDS FOR APPROVAL OF A
CONDITIONAL USE APPUCATION FOR CAR RENTAL
USES, SPECIFYING THAT CONDITIONAL USE APPROVAL
OF OUTDOOR DISPLAYS REQillRES COMPATIBILITY IN
SCALE AND APPEARANCE WITH SURROUNDING USES
WITHOUT CAUSING AN UNDESIRABLE CONCENTRATION
OF SUCH USES, DELETING A PROHIBITION OF
TEMPORARY BUILDINGS, PORTABLE BUILDINGS, TENTS,
STANDS, TRAILERS AND VENDING CARTS IN
CONJUNCTION WITH OUTDOOR SALES, DISPLAYS, OR
STORAGE USES, DELETING A RESTRICTION IN THE
DOWNTOWN/MIXED USE DISTRICT TIIAT OUTDOOR
SALES BE LIMITED TO VEGETABLE AND FRillT STANDS,
DELETING THE REQUIREMENT FOR A MINllvIUM LOT
SIZE OF 30,000 SQUARE FEET FOR OUTDOOR STORAGE
IN THE DOWNTOWN/MIXED USE DISTRICT, DELETING
LANGUAGE PROlllBITING OUTDOOR SALES AND
DISPLAYS OF BOATS AND VmnCLES IN THE INFILL
COMMERCIAL DISTRICT, AND DELETING THE
REQUIREMENT FOR A IvnNIM:UM LOT SIZE OF 30,000
SQUARE FEET FOR OUTDOOR RETAIL SALES, DISPLAYS
AND/OR STORAGE IN THE INFILL COMM:ERCIAL
DISTRICT; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF TIlE
CITY OF CLEARWATER, FLORIDA:
Section 1. Sections 40.365, 40.384 and 41.053, Code of Ordinances, are amended to
read:
Sec. 40.365. Conditional uses.
Within beach commercial districts, the following uses may be allowed as conditional
uses:
*
*
*
*
*
.a.u Outdoor retail sales. displays and/or storage (car rental only).
*
*
*
*
*
Sec. 40.384. Conditional uses.
Within resort commercial 28 districts, the following uses may be allowed as conditional
uses:
*
*
*
*
*
il.U Outdoor retail sales. displays and/or storage (car rental only).
*
*
*
*
*
Sec. 41.053. Supplementary 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 41.052. No conditional use shall
be authorized unless detennined to meet all of the standards applicable thereto.
*
*
>i<
*
*
(22) Outdoor retail sales, displays and/or storage may be allowed within the urban
center (core), urban center (eastern corridor), general commercial, highway
commercial, infill commercial, commercial center, downtown/mixed use, beach
commercial. resort commercial 28. and limited industrial districts subject to all
of the following:
(a) The outdoor use shall not adversely affect the community appearance
objectives of the city. In particular. all items displayed shall be
compatible with the surrounding land uses in scale and appearance,
without causing an undesirable concentration of such uses within the
vicinity or along a roadway corridor. In particular, no temporary
buildings, portable buildings, tents, stands, trailers, vending carts or like
buildings or structures shall be utilized in conjunction '.vith tho use.
.(Q} In beach commercial and resort commercial 28 districts. only car rental
operations shall be allowed under this category of conditional use.
(b) In downtown/mixed use districts, outdoor retail sales and displays shall be
limited to vegetable and fruit stands and similar uses. For outdoor storage
uses in downtown/mixed use districts, a minimum lot size of 30,000
square fret shall be provided.
(0) In infill commercial districts, outdoor retail sales and displays of boats and
2
ORDINANCE NO.
vchicles sholl be prohibited, except for vehicle sales approved by the
planning and zoning board as a'tlonditienal uso.
(d) In infill commercial districts, a minimum lot size of 30,000 squarc feet
shall be provided for this use.
~e) The use shall comply with all of the general standards contained in section
41.052.
Section 2. The provisions of this ordinance are found and detennined 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 READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to fonn and Attest:
legal sufficiency:
Leslie Dougall-Sides, Asst. City Attorney Cynthia E. Goudeau, City Clerk
3 ORDrNANCE NO.
c:: ~.
> .
. .
Commissioner Thomas requested a 30-day continuation of this item because he had
not received input from the Development Code Adjustment Soard (OCAS). The City
Manager indicated a memorandum was issued. Mr. Shuford reported that DCAB had
recommended approval of the proposed ordinance.
Mayor Garvey said once the process starts, staff must hold applications contrary to
this ordinance. Commissioner Thomas questioned if the clock stops once staff prepares an
ordinance. The City Attorney indicated said, according to case law regarding pending
ordinances, a City can refrain from issuing permits based on that ordinance. She did not
recommend this law be used casually. Commissioner Deegan thought the City could not
use a pending ordinance. The City Manager said the City could use a pending ordinance to
deny a permit. Commissioner Berfield questioned if that law applies to variances, too. The
City Attorney said the City could stop granting permits pending adoption, in the nature of a
moratorium. She recommended caution in its use.
Commissioner Thomas said he wished to continue this item for 30 days to review
the minutes and conflicting opinions of DCAB and the Planning & Zoning Board (P&Z).
Mayor Garvey referred to Mr. Zinzow's concern that these items are enforced
retroactively. The City Attorney said the City could institute an amortization schedule.
Com "issioner Thomas moved to continue this item for thirty days until February
16, 1995. The motion was duly seconded and carried unanimously.
I
JIEM #19 - Public Hearing & First Reading Ord. 5755-95 - LDCA re outdoor retail sales,
displays, and/or storage in the Beach Commercial and Resort Commercial zoning districts
(LDCAHCP)
Staff has received a request from Jerry Miller to establish a car rental operation on
Clearwater Beach. None of the zoning districts on Clearwater Beach currently permits car
rental operations. The City regulates car rentals under the use category of outdoor retail
sales, displays, and storage. Existing car rental operations on the beach were established
before current land development code requirements.
Given the tourist nature of Clearwater beach, staff feels the use is appropriate. Mr.
Shuford said the P&Z has recommended approval of this proposal.
Commissioner Thomas noted when the Commission addressed this earlier, he had
indicated he wanted rent-a-heap type businesses prohibited and only standard new cars
permitted. Mr. Shuford said he addressed that recommendation with the City Attorney
who indicated the City could not be that specific regarding the types of vehicles but could
address appearance issues.
Commissioner Thomas referred to Sec. 41 .053(23)(a) "the outdoor use shall not
adversely affect the community appearance objectives of the City; in particular, the items
displayed in the outdoor use shall be compatible with the surrounding land uses in scale
and appearance.. He felt the language is very subjective. The Cit'), Attorney indicated she
could not find the ability to limit rentals to new cars. Commissioner Thomas reiterated his
mincc01 d.95
18
01/19/95
. ~l : 't',.' .. . - -. .-*
concern that the language is subjective. The City Attorney said the compatibility issue is
something people are familiar with judging.
Commissioner Thomas said car rentals on Clearwater b.each would be inappropriate
because they would be uncontrollable in this small community with its limited real estate.
Mayor Garvey questioned if this would require visitors to obtain rental cars at the airport.
Commissioner Thomas noted rental cars are available Downtown.
Commissioner Fitzgerald questioned if the proposal would create parking problems
on the beach. Mr. Shuford indicated an applicant would have to get a conditional use
permit at which time all site issues would be reviewed. Mr. Shuford noted car rental is a
tourist business. Commissioner Fitzgerald questioned if anything addresses why this is not
permitted. Mr. Shuford said nothing addresses this issue. He noted the general trend is to
allow a wider range of uses with appropriate controls in place. Commissioner Fitzgerald
agreed with Commissioner Thomas that there is a relatively constricted area on Clearwater
beach and the number of vehicles there already is a problem. He said he did not support
the suggestion the first time it was discussed.
Commissioner Deegan agreed with Mr. Shuford's reasoning. He said the beach is a
resort area where tourists expect to find rental cars within walking distance, not miles
away. As this is an amenity tourists expect, he felt this type of business made as much
sense for the beach as anywhere. He said the business would only require four or five
parking spaces. Commissioner Deegan recommended reducing the size of parking spaces
to increase their number.
Commissioner Deegan moved to approve the code amendment concerning car rental
operations in the Beach Commercial and Resort Commercial 28 zoning districts. There was
no second.
Commissioner Thomas moved to deny the code amendment concerning car rental
operations in the Beach Commercial and Resort Commercial 28 zoning districts. The
motion was duly seconded. Commissioners Fitzgerald, Berfield and Thomas voted "Aye";
Commissioner Deegan and Mayor Garvey voted "Nay." Motion carried. .
Commissioner Deegan moved to that Commission Thomas explain to Jerry Miller
why this item was denied. The motion was duly seconded and carried unanimously.
JIE.M #20 . (Cont'd from 11[17/94) Public Hearina & First Reading Ord. #56Q3-95 - LDCA
re Wetland Area Setbacks (Amending Sec. 42.28 to require vegetative buffer setbacks
adjacent to "Jurisdictional Wetlands" under jurisdiction of the State of Florida)(LDCA 94-
21 )(CP)
Commissioner Berfield moved to continue this item until February 16, 1995. The
motion was duly seconded and carried unanimously.
~earina - Second Readina Ordinances
mincc01 d.95
19
01/19/95
1-~~'-t.';'o -'., -~,. :' ;"
I
April 4, 1996
William Kebort
Bay Bazaar Center
P.O. Box 3342
Clearwater Beach, FL 34630
Mr. Scott Shuford
Director of Central Permitting
P. O. Box 4748
Clearwater, FL 34618
Dear Mr. Shuford:
Bay Bazaar Center is a shopping center located on Clearwater Beach. Last year, a rental car
agency approached me about the possibility of leasing space in the shopping center. When
we contacted the city, we were told that no more rental car agencies are not allowed on
Clearwater Beach. I believe there are currently two rental car agencies on the beach. These
were "grandfathered" in years ago.
William Kebort
Bay Bazaar Center
i
1
I
I
I
I
i
I would like to ask the city to consider a code amendment to this law. I feel it would be a
definite benefit for the tourists on the beach. Please consider making this code amendment.
:;zince ely, ~~7
t,/ ~, _
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Jj~ APR 0 8 1996 7j~Jl)
C~:\!TRft.L PERMiTTiNG
elf\' OF CLEI\R\NATER
Robert E. Malke
Post Office Box 2124
Largo, Florida 34649
(813)584-8350
April I, 1996
Mr. Scott Schuford
Clearwater City Commission
112 South Osceola Avenue
Clearwater, FL. 34615
Re: Ordinance regulating outdoor business
Dear Mr. Schuford:
The purpose of this letter is to make a request of the
City to reconsider the ordinance which presently prohibits
the operation of outdoor business including rental car agen-
cies on clearwater Beach. There is a potential need for these
types of businesses on the beach. Currently any tourist that
is interested in renting a car must either pay for a cab to
transport them in to town or wait far too long until one can
be delivered from one of the other rental car locations usual-
ly from another beach south of ours or even from Tampa.
Additionally, with the prospects of higher taxes on the
rental cars in the county of Hillsborough, the demand for cars
in Pinellas might increase.
Hopefully this issue will be given serious consideration
as car rental agencies will provide a convenience to the visit-
ing tourist and business executive alike. Thank you.
~f~
obert E. Malke
REM/tlm
.. ....r.. ..--
.~t:i~;~:I~'
CENTRAL PERM\TflNG
CiTY OF CLEARWATER
March 25, 1996
Mr. Scott Shuford
City of Clearwater
Central Permitting Department
10 S. Missouri Ave.
Clearwater, FL 34616
Dear Mr. Shuford:
As you are probabiy aware, the Best \Vestern Sea Stone Resort & Suites on
Clearwater Beach has been leasing a small office to various rental car
companies for over 10 years. Your department even issued an occupational
license, this year, for that purpose. It has now been brought to my attention
that this use is no longer permitted in our district and because of the failure
of one of our tenants to re-new their occupational license some years ago we
can not be grand-fathered in.
With this in mind, I would like to request that you and your department
consider bringing to the city commission a change in land use to our area.
The operation of satellite car rental sales offices is of great benefit to the
hotel industry on Clearwater Beach. Over 50% of our custonlers come in by
air and many do not have rental car plans until they arrive, or specifically
book our facilities, because they can arrive from the airport and have their
cars waiting for them at the hotel.
The rental car companies do not store very many cars in our parking lots or
even in the beach area. They are more of a sales or a pick-up desk where the
customer rents a car and it is delivered for their use. The impact on parking
is really never more than a couple of spaces a day.
In a time when the tourism industry needs all the help it can get, this is one
of those small amenities that makes us a full service resort destination. If I
can be of any help to you in this process please let me know.
Sincerely,
h;~//'
7}_
Daryl J. Seaton
President
~~~
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-~-~.~
Sea Wake Hesorts, Inc.
4.1:) Hilrnunn Drive
CII'i'irwater Beach, Flomla 34630
(813) 442-6123
Fax (813) 449-1580
Best Western
Crystal River Resort
614 N.W. Highway 19
Crystal River. Florida 34428
(904) 795-3171
Fax (904) 795.3179
Best \Vestern
Sea Wake Inn
G91 S Gulfview Blvd
Clearwater Beach. Floridil 34630
(813) 443-7652
Fax (813) 461-2836
Best Western
Sea Stone Resort
4.15 Harnden Drive
Cleilrwatcr Beach. F:orlda 34630
(813) 441-1722
Fax (813) 461-1680
For Reservations Call
1-800-444-1919
mTE@mUWJ~fUl
APR 0 I 1996 W
CENTRAL PERMITTING
CITY OF CLEARWATER
DJS:slg
. . ,
,
A G R E E K B N ~
39
THIS AGRBEMENT, made and entered into
this day of , 19
by and between chrls J. McClure. of
2275 N. Manor Blv~. , Clearwater, Florida
34625, hereinafter referred to as "Owner," and the
CITY OF CLEARWATER, PLORIDA, a municipal corporation,
hereinafter referred to as "City;"
,
. I T N B S S B T B :
WHEREAS, the Owner presently owns the real property described
herein, and has requested that the city install a sanitary sewer line
and facility to make sanitary sewer service available to serve the
property and that the Owner be permitted to tap into the sanitary sewer
line upon installation; and
WHEREAS, the Owner is agreeable to have the city of Clearwater
complete said special improvement and upon completion thereof to have
the city immediately file a lien against the property in the amount of
their pro rata share of the cost of installation of the sanitary sewer
line and facility; and
WHEREAS, the city is willing to install the sanitary sewer line
and facility to serve the property under certain conditions;
HOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto agree as
follows:
1. The Owner agrees that the city may immediately commence and
complete the installation of a sanitary sewer line and facility to
serve the real property owned by them, legally described as follows:
Lot 85, Clearwater Manor Subdivision
according to the map or plat thereof as
recorded in Plat Book 41, page 66, Public
Records of Pinellas county, Florida.
Known as: 2275 H. Hanor Blvd.
Clearwater, Florida
34625
and that upon completion of said work that the City may immediately
file a lien against the real property in the amount of $670.00 which
is the Owner's pro rata share of the installation of the sanitary sewer
line and facility. Said lien shall provide that it may be paid in ten
equal annual payments in the office of the City Clerk with interest at
the rate of 8% per annum from the date of the lien until paid and in
case of default in the payment of said minimum annual payments,
together with the interest thereon, that the City may take immediate
steps to enforce said lien by foreclosure or other proceedings. Said
lien shall also provide that if the City is required to enforce the
collection thereof by foreclosure or other proceedings, that the Owner
shall be responsible for the payment of legal fees and all costs of
said proceedings.
"'? cl
ff 0
2. The Owner by this Agreement spec1f1cally grants unto the city
of Clearwater a lien in the amount set forth in Paragraph 1 above,
which is the Owner's pro rata share for the installation of the
sanit,ary sewer line and facility against the above described real
property and waives all requirements for and entitlement to the conduct
of and notice of any public hearing by the City of Clearwater for a
special improvement assessment against their property for the
installation of said sanitary sewer line and facility. The Owner
further agrees upon the request of the City to execute all additional
instruments, if any, which may be required to formally grant unto the
city a lien against their described real property.
3. The City agrees to permit the Owner upon the completion of
said installation to connect to the sanitary sewer line under the same
conditions as other owners are permitted to do so.
4. This agreement shall be binding upon the heirs, administra-
tors, personal representatives, successors and assigns of the parties
hereto and a copy thereof may be immediately recorded in the Public
Records of Pinellas County, Florida, by the City so as to serve as
notice thereof to all other persons.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above written.
er ~~~
WI NESS
)(
0_k ., rn(J
~ri. J. McClure
2275 N. Manor Blvd.
Cl8arwa~er, Florida
--
g6"E"...e r ~ ~.ec/'''''-5
Wi~De.. Prin~8d Signa~ure
34625
~~~.~
WITNESS
bOrV^L~ 'b. M.eLO";.t.
Wi~De.. PriD~8d Signa~ure
STATB OP FLORIDA
COUNTY OP PINELLAS
The foregoing instrument was acknowledged before me this \~ day
of ~ , 19'1~ by Chris J. McClure , who is personally known to
me orwiio has produced (:\... ~L\C_tC...~ as identification and who
( )did ( )did not take an oath. '* ""~~-\\O-loS"~oora
\. ~.~c?l~
Signature of person taking acknowledgment
~ .~. ~\~ ~~~,.j
Type/pr nt/stamp name of acknowledger
T1tle or
~, 1f any
'~'countersigned:
~3C(
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
city Manager
ATTEST:
Approved as to form
and legal sufficiency:
J n C. Carassas
Assistant City Attorney
Cynthia E. Goudeau
city Clerk
Page 3 of Agreement between the CITY OF CLEARWATER,
Chris J. McClure bearing the date of
1996 regarding sanitary sewer for Lot
(subdivision) .
FLORIDA, and
85
,
,
Clearwater Manor
STATE OF FLORIDA )
COUNTY OP PXNELLAS )
BEFORE ME, the undersigned, personally appeared Rita Garvey, the
Mayor-commissioner of the City of Clearwater, Florida, to me well known
to be the'person who executed the foregoing instrument and acknowledged
the execution thereof to be her free act and deed for the use and
purposes herein set forth.
WITNESS my hand and official seal this
day of
,
19
.
Notary Public
Print/Type Name:
My Commission Expires:
(include Commission No.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the City Manager of the City of Clearwater, Florida, to me
well known to be the person who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the
use and purposes herein set forth.
WITNESS my hand and official seal this
day of
,
19
.
Notary Public
Print/type name:
My Commission Expires:
(include Commission No.
Prepared by & return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
yo
BASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits
to be derived therefrom,
Wesley W. and Louise C. Pope, husband' wife
14 South Arcturas Avenue
Clearwater, Fl. 34625-3501
do hereby grant and convey to the CITY OP CLEARWATER, FLORIDA an easement
over, under and across the following described land, lying and being situate
in the County of pinellas, state of Florida, to wit:
A portion of Lot 4, Block A, Unit 6 of SKY CREST SUBDIVISION as
more particularly described and depicted in attached EXHIBIT "A"
This easement is for drainage installation and maintenance.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon any
drainage facilities and to inspect and alter such drainage facilities from
time to time.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed this ;p~ day of ~ , 1996.
Signed, sealed and delivered
in the presence of:
~41S1~f~
:&fi~
. \
~1ljl YlL 1, C Conr~J. J
Witness' Printed Signature
bk~
.;; 1Jt-u.,~ L:. ~_
Louise C. ope
~-L?V. ~tr-
Witness' Printed Signature
Acknovl.dq".D~.:
...ley w. , Loui.. C. Pope
RBI Drainaqe B.....nt
to th. City of Clearwater
STATB OF FLORIDA
.
.
COUNTY OF PIHBLLAS
.
.
of
The foregoing instrument was acknowledged
fY'\(Vt~h , 1996 by Wesley W. Pope.
~.1lt1.O rfl C'~
Notary Public - state of Florida
Print name~erlflt {. tC(){)()e.,.ll
[Y(JPersonallY Known
[ ] Produced Identification
Type of Identification Produced
before me this dJ- day
l,'~W:'rV;~'" KATHERINE L. O'CONNELL
(:1'\"4';F~i MY COMMISSION /I CC 212858 EXPIRES
'''!''f;~':~': July 7. 1996
"1.1: O'..-.;.~~." SOl/OW H,FiU TROY FAIN ItI;iURANct.1NC.
',.....,.
STATE OF FLORIDA
.
.
COUNTY OF PIHBLLAS
.
.
The foregoing instrument was acknowledged before me this ~~ day
of \lnd.J\CJ., , 1996 by Louise C. Pope.
d ~\'I f\P-. f\ D l& f\V-J.
~o~a~y Public - state of Florida
Print name~"-Ure V( Y\e J-. O'Con ~_l(
[ vf Personally Known
[ ] Produced Identification
Type of Identification Produced
,~f.\~:~;~{t:~ KATHERINE L O'CONNELl.
t{ tb;. J'~ Mf COMMISSION /I CC 212858 EXPIRES
~J.~~"i.i July 7. 1996
..,rif:,n."t' ao~ED THRU ThO'( FAIN INSURANCE. ~lC.
.,"'/l'.'"
EXlDBIT A
-
I. . .JO'
~
NOTE: This is not 0 survet,
LEGAL DESCRIPTION:
,,~
"
..^:> .:..
.~ ^'
" .......
~ ......
~
Exist 12.5' Drain Ease
NOO'33'28"W 57.97'
Commence ot the Northeast corner of Lot 4,
Block A, Unit 6 of Skycresl Subdivision os
recorded in Plot Book 28, Poge 51, of the Public
Records of Pinellos County, r1orido; thence
N 89'25'55" W, , 64.06 feet; thence S 00'33'28" E.
30.0' feet to the Point of Beginning: thence
S 09""58" E. 65.14 feet; thence N 5T13'3r w,
11. 71 feet; thence N 00'33'28" W, 57.97 feet to
the P.O.B,
4'
'c=..8"E. 65-'
509'" ;j
P,O.B.
SOO'3.3'28"[
30,0"
Drainage Easement
.
(0
o
~
(0
or-
LOT 4
BLOCK A
UNIT 6 OF
SKYCREST SUBDIVISION
P.B. 28 - P. 51
=:
'in
If)
If)
('oJ
.
O'l
a)
Z
NE COR LOT 4
ARCTURAS AVE
Now
2/22/96
16~8( AS(.Owc;
1/3955408
MORTG~GEE CONSENT TO EASEMENT
NATIONSBANC MORTGAGE CORPORATION., organized and existing
under the laws of the state of Texas, with a mailing address for
loan servicing at P. o. Box 35140, Louisville, Kentucky 40232, on
this 9th day of May , 1996, acknowledging receipt of
One Dollar $1.00) and other good and valuable consideration, and
the execution of the grant of easement or right-of-way by the fee
owner of the premises described herein, the term of which are
incorporated herein and, by reference, made a part hereof, said
corporation being the owner and holder of all the indebtedness
secured by that certain mortgage dated May 26, 1993 and recorded in
Official Records Book 8286, Pages 129 through 133 in the Public
Records of pinellas County, Florida, hereby consents and agrees to
the grant of easement as described herein, and grants to the CITY
OF CLEARWATER, FLORIDA, a political subdivision of the state of
Florida, its successors and assigns, the same right-of-way, and
agrees that such right-of-way shall be prior and paramount to all
rights under such mortgage, and any future modifications thereof;
and that any sale under foreclosure of said mortgage shall be
subject to such right-of-way.
Signed, sealed and delivered
in the presence of:
~
~
WITNESS S1gna ur
Michele Sin~letary
Print Name
~~
WITNESS S1gnature
Bonnie Damm
Print Name
STATE OF KENTUCKY
COUNTY OF Jefferson
.
.
.
.
The foregoing instrument was acknowledged before me this 9th
day of May , 1996 by Kenneth J Weleski as
Vice President for Nationsbanc Mortgage Corporation,
on behalf of said mortgage corporation and for the purposes
descri~:t~ W ~ (SEAL)
Not~ry Publ1C - State of Kentucky
'rype/Print Name Carol Ann Wilkerson
Carol Ann WiiKE;fson
Notary Public, State at ~rget K'{
[x) Personally Known I Expires )
[ ] Produced Identif ication My Commiss on
Type of Identification Produced
. ,
MORTGAGEE CONSENT TO E~SEMENT
NATIONS BANK OF FLORIDA, N. A., a banking corporation organized
and existing under the laws of the State of Florida, with offices
at 33451 U. S. Highway 19 North, Palm Harbor, Florida 34684 , on
this ~c:ph-' day of ---fY'\CLLC.-k , 1996, acknowledging receipt of
One Dollar $1.00) and other good and valuable consideration, and
the execution of the grant of easement or right-of-way by the fee
owner of the premises described herein, the terms of which are
incorporated herein and, by reference, made a part hereof, said
corporation being the owner and holder of all the indebtedness
secured by that certain mortgage dated October 20, 1994 and
recorded in Official Records Book 8826, Pages 140 through 142 in
the Public Records of Pinellas County, Florida, hereby consents and
agrees to the grant of easement as described herein, and grants to
the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation,
its successors and assigns, the same right-of-way, and agrees that
such right-of-way shall be prior and paramount to all rights under
such mortgage, and any future modifications thereof; and that any
sale under foreclosure of said mortgage shall be subject to such
right-of-way.
Signed, sealed and delivered
in the presence of:
(JI.~
W~ESS S1gnature
. 6 tJl:}7.!;tW
Prl.nt Name
B::r::J::RIDA.
DenJ.se Greene..
Vice President
N.A.
STATE OF FLORIDA
COUNTY OF PINELLAS
.
.
.
.
The foregoing instrument was acknowledged before me this ~9
day of ~~ , 1996 by Denise Green, as Vice President
for Natl.ons Bank of Florida, N .A., on behalf of said banking
corporation and for the purposes described therein.
_VQ~d~ (SEAL)
Notary Public - State of Flo~a
Type/Print NameJ).e..b{)r~ t.:k:!of-l"- ,'"''''
i~\>r1"~~ DEBORAH l. ROPER
~*{~'~:.1 Mf COMMIss:oN f CC4OO86S EXPIRES
~;~~ Ottlber 16, 1998
"j~P.r:X:.'$' IlOflDED llIlU TROY fAlX lM$uwai ..
[~personallY Known
[ ] Produced Identification
Type of Identification Produced
.!. ,,' .... ~"~... . ~... .'
. .
E A S E HEN T
YI
fOR ~ID IN CONSIDERATION of the sum of One Dollar ($1,00) cash in hand
paid to them . the receipt of which is hereby acknowledged. and the benefits
to be derived therefrom,
-
McCullough Development Corporation
3160 McMullen Dooth Road
Clearwater, Florida, 34621
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA. an easement
ov~under and across the following described land, lying and being situate in
the County of Pinellas. State of Florida, to-wit:
A tract of land lying in Section 2], Township 28 South, Range 16 East, Pinellas County, Florida, being
more particularly described as follows:
Commencing at the Northeast comer of the Southwest 1/4 of the Northwest ]/4 of said Section 21; thence
SOooOO'21"W along the centerline of McMullen Booth Road, 667.42 feet; thence N89025'23"W, 665.04
feet to the Point of Beginning; thence SOoo02'38"E. 333.21 feet; thence S8902I'38"E. 162.96 feet; thence
SOooOO'53"W, 333.37 feet; thence N89"21'24"W, 840.49 feet; thence NOoo07'OO"E, 997.15 feet; thence
S89035 '31"E, 514.86 feet; thence SOOo 1 O'25"W. 309.72 feet; thence N90000'00"E, 52.28 feet; thence
SOooOO'OO"E, 24.75 feet; thence N90000'OO"E, I 03.66 feet; thence S89025'23"E, 5.44 feet, to thc Point of
Beginning.
A Ten (10') foot Natural Gas Utility Easement and Ingress and Egrcss Easement for the City of Clearwater
service and utility vehicles as described below:
Commencing at the Northeast comer of the Southwest 1/4 of the Northwest 1/4 of said Section 2]; thence
SQOoOO'21"W along the centerline of McMullen Booth Road, 667.42 feet; thence N89"25'23"W, 665.04
feet to the Point of Beginning; thence SOoo02'38"E. 10.00 feet; thence S90000'OO"W, 118.79 feet; thence
NOOoOO'OO"W, 24.75 feet; thence S90.00'OO"W, 80.87 feet; thence N640I7'1 ]"W, 139.75 feet; thence
along the arc of a curve to the left, 2.74 feet, chord bearing NO] 031 '32", a chord distance of2.74 feet;
thence along the arc ofa curve to the left 2.28 feet, chord bearing NOo035'46"E, a chord distance of2.29
feet; thence NOooIO'25"E, 6.0] feet; thence S640 17' lInE, 142.19 feet; thence N90.00'OO"E. 36.29 feet;
thence N90.00'00nE, 52.28 feet; thence SOO.OO'OOnE, 24.75 feet, thence N90000'OO"E, 103.66 feet;
thence S89"25'23"E, 5.44 feet to the Point of Beginning.
The easement being for natural gas main installation.
The CITY OF CLEARWATER. FLORIDA. shall have the right to enter upon the
above described premises and to construct. install and maintain thereon any gas
mains and to inspect and alter such gas mains from time to time.
IN WITNESS WHEREOF. the parties
to be du~~ecuted by its proper officers
day of. 19 c,t
;-5- · ..Li;.' -
hereto has caused these presents
thereunto 'iiithorized this J "'it'----
Signed. sealed and delivered
in the presence of:
.~
( ~C' ('(,rl'~' /1 / /;----:
"-- ,- _ t.-L~!e.~EAL)
JAMES e, ! ICCl)LJ"y"'~!1 r' ~lL. "\2 ~ L -, 4 '- '1::": .1j ~ l'
. . PRESU:aI:.NT
(SEAL)
......fJ01h:tt'^1 ~C LC\.M1.QJ.--
WITNESS (J
o .
qfri~~ ~ (~C<-'"~ -,.I. -----, .-~
..... .,..... -...,,-,... .& ..,..... t... ............,; "" ".,," '.. . '. ,.. .\-..., ". .... ., . ~ . ,.'
'. .. ..' ..... . .... ,.
I' '." f '''' I'
.....,.. -" ...... '. _.... 0..
...~._-------- ..--.-.------,....
1",',''''
Lfl
f.-'
I "
STATE OF ft.1t
COUNTY OF 7~f"~\\Q~
" CPonoM'.l
who
he
WiJness my hand aod official seal this ..J.2.- day of fJC".l~
19 lL- . "
~,~.~
NOTARY PUBLIC
!
i
!'
A.D.,
My Commission Expires:
.-~._. . ," '.- -"7-~:-'''-'''''-'-J
. t~. I..~. "" I .1,... ~. . ...:. r...
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Natural . Propane Gos
400 tJORTH MYRTLE AVENUE
CLEARWA TER, FL ,34615
(813)462-66.30
(813)462-6636 fAX
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SKETCH or PROPOSED EASEMENT
FOR NATURAL GAS MAIN
NOTE: THIS IS NOT A SURVEY.
APRIL 8} 1996.
SCALE: 1'= 200'
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fOR ~ID IN CONSIDERATION of the sum of One Dollar ($1.00) cash 1n hand
paid to the~ ,the receipt of vhich is hereby acknowledged, and the benefits
to be derived therefrom,
James B. McCullough and Marlene Kay McCullough
3160 McMullen Booth Road
Clearwater, Florida 34621
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA. an easement
ov;r:-under and across the following described land, lying and being situate in
the County of Pinellas, State of Florida, to-wit:
A Ten (10) foot Natural Gas Utility Easement and Ingress and Egress Easement for the City of Clearwater
service and utility vehicles along the Northerly property line of the property described below:
A tract of land lying in Section 21, Township 28 South, Range 16 East, Pinel1as County, Florida, being
more particullary described as fol1ows:
Commencing at the Northeast comer orlhe Southwest 1/4 of the Northwest 1/4 of said Section 21; thence
SOooOO '21"W aIling the Centerline of McMullen Booth Road, 667.42 feet; thence N89025 '23"W 100.00
feet to a (loint on the Westerly right-or-way of said McMullen Booth Road as the Point or Beginning;
thence SOO'00'21"W 40.03 feet; thence N89024 '0 I"W 565.00 feet; thence NOoo02'3S"W 39.81 feet;
thence S89>2S'23"E S65.04 feet to the Point of Beginning.
The CITY OF CLEARWATER. FLORIDA, shal~ have the right to enter upon the
above described premises and to construct, install and maintain thereon any gas
mains and to inspect and alter such gas mains from time to time.
IN WITNESS WHEREOF, the parties
to be duly executed by ita proper officers
day of /Y1~ ' 195J:z..
hereto has caused these presents
thereunto authorized this ILl
Signed, sealed and delivered
he presence of:
(SEAL) .
(SEAL)
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me well kno\ltl and known to me to be the individual described in and who
executed the foregoing instrument and acknowledged before me that he
executed the same for the purposes therein expressed.
.'
STATE OF
COUNTY OF
Witness my hand and official seal this
A.D., 19~.
My Commission Expires:
{~-r.tIit} DEBORAH S. HUMPHREY
t;..r~~~) lolYCOMMISSQUCC492112
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NOTARY PUBLIC
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Clearwater Gas System
Natural ct Propan~ Gas
400 NORTH MYRTLE A'JE:JIJE
CLEARWA TER, FL ,346i 5
(81.3 )462 -66.30
(813)462-66.36 fAX
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SKETCH OF PROPOSED EASEMENT
FOR NATURAL GAS MAIN
NOTE: THIS IS NOT A SURVEY.
APRIL 29, 1996.
SCALE: 1'= 200'
P.O.C.
NE CO:<NE:R Of"
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THE r.... 1/4 or
SEC. 21-28-16
s e9' 35' 31' E 51486'
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Clearwater City Commission
Agenda Cover MelTIorandum
L( ~..t1n:t::t:: 1111
SUBJECT: Sand Key Power Line Burial Special Assessment Lien Release
RECOMMENDATION/MOTION: Adopt Resolution Number 96-29 releasing liens on Sand Key
properties that have prepaid the referenced assessment in full at a cost not to exceed $2,500.
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City has established the City of Clearwater Special Assessment District No. 95-01 including
all properties on Sand Key.
. The City levied special assessments for power line burial and streetlight replacement on these
properties per Resolution 95-70.
. The assessments have been recorded in the Public Records of Pinellas County, Official Record
Book 9193, Page 1717.
. The City offered a prepayment option to property owners which provided a discount (20%)
equivalent to estimated debt service on the assessment principal.
. Approximately 70oA> of the property owners chose the prepayment option and have paid the
assessment in full, resulting in $688,915 of assessment collections.
. Adoption of this resolution will allow the City to record the release of lien with the property
appraiser, tax collector, ~nd the Florida Department of Revenue.
. Funding is available in project 315-94711, Sand Key Power Lines, for these costs.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
other
Orh::alnatina Department:
Finance Department
'-rn ...6
User Department:
NJA
Costs:
$2,500
Total
$2,500
Current Fiscal Year
Commission Action:
o Approved
o Approved w/Condltions
o Denied
o Continued to:
Advertised:
Date:
FundinQ Source:
[8] Capital Improvement:
o Operating:
[8] Other:
Reimbursed to City
b ro rt owners
Attachments:
Resolution No. 96-29
including Exhibit A
Submitted bY:
c~t~
o Printed on recycled paper
Paper:
IXl Not Required
Appropriation Code:
315-94111-643000-619-000
Affected Parties:
Cl Notified
lX1 Not Required
o None
1:'.
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, DECLARING THOSE NON-AD VALOREM
ASSESSMENTS ESTABLISHED BY RESOLUTION
NO. 95-70 AND AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT A ATTACHED HERETO AS
SATISFIED AND RELEASED; PROVIDING FOR A
COpy OF THIS RESOLUTION TO BE FORWARDED
TO THE PROPERTY APPRAISER, TAX
COLLECTOR AND THE FLORIDA DEPARTMENT
OF REVENUE IN ACCORDANCE WITH SECTION
197.3632(3)(a), FLORIDA STATUTES; PROVIDING
FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Clearwater, Florida, has
heretofore established the City of Clearwater Special Assessment District No.
95-01 (the "District") and levied such special assessments (the 1& Assessments")
by Resolution No. 95-70 dated September 7, 1995, and recorded in the Public
Records of Pinellas County, in Official Record Book 9193, Page 1717.
WHEREAS, the City of Clearwater has collected payment for those
assessments more particularly described in Exhibit A, and desires to satisfy and
release said assessments described in Exhibit A.
WHEREAS, the City Commission of the City of Clearwater, Florida, directs
the City Clerk to provide copies of this Resolution to the property appraiser, tax
collector and the Florida Department of Revernue;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA, THAT:
~ The City Commission of the City of Clearwater, Florida,
hereby releases as satisfied said assessments for those properties more
particularly described in Exhibit A attached hereto and made a part hereof.
RETURN TO:
City Clerk Dept.
City of Clearwater
P. O. Box 4748
Clearwater, FL 34618-4748
Resolution No. 96-29
~ The City Commission of the City of Clearwater, Florida,
hereby directs the City Clerk to provide copies of this Resolution to the property
appraiser, tax collector and the Florida Department of Revenue.
~ All resolutions or parts of this resolution in conflict herewith
are hereby repealed to the extent of such conflict.
~ If any clause, section, or other part of the application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY
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~ This Resolution shall become effective immediately upon its
passage and adoption.
OF CLEARWATER, FLORIDA, THIS
DAY OF
, 1996.
Rita Garvey, Mayor-Commissioner
Approved as to form
and legal sufficiency:
Attest:
~:~ ~ .
John Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
2
Resolution No. 96-29
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Item # 44
F J LJ -s-;
'\~N -3
Clearwater City Comn1ission
Agenda Cover Men10randum
Lf L! Item #:
Meeting Date:
C,..0'1.r;,
SUBJECT: Resolution 96-44 Public Sale of not to exceed $9,750,000 Gas System Revenue Bonds,
Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 1996B
RECOMMENDATION/MOTION: Adopt Resolution 96-44 providing for the public sale of not to exceed
$9,750,000 Gas System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue
Refunding Bonds, Series 1996B
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Gas System Revenue Bonds, Series 1996A, for $9,750,000 will accommodate the continuing
expansion of the Gas System into Pasco and Pinellas County. The receipt of the bond proceeds from
this issue will be used in part to reimburse the City for expenditures that have previously been
authorized and expended.
· Gas System Revenue Bonds, Series 1996B, for $8,500,000 will be used to refinance the 1991 Gas
System Revenue Bonds at a present value savings in excess of 4%. This series of bonds will not be
issued if the 4% savings is not going to be realized.
· These bonds will be sold through competitive public sale scheduled for June 27, 1996 at 11 :00 a.m.
· These bonds will be repaid over 30 years. A pledge of Gas System revenues will be used to secure
payment of the principal and interest on the bonds.
· The adoption of this resolution authorizes the public sale and award of the bonds to the bidder(s)
offering such interest rate(s) and purchase price(s) which will produce the lowest true interest cost to
the City over the life of the bonds. This resolution authorizes the City Manager and Finance Director
to award the sale of the bonds.
· Included with this resolution are several exhibits which cannot be finalized until just prior to the
Commission meeting date due to pricing considerations and market conditions. Final exhibits will be
distributed as soon as possible.
/
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.:::?:
IS :::=;:::;:,:::
ACM
Other
Originating Department:
:::<:?f:@l.@~:D~p'aftlfi~ht>.... .
L.T)'\~
USE!~9~.p~~tf,11e~t: ... ....
. 'Cl.e~ryi~~~(c;ps~yste/Tl.:.
. '// .I
C.-d?V
Costs:
Total
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
.N/A:::
Current Fiscal Year
Funding Source:
o Capital Improvement:
o Operating:
o
Other:
Attachments:
. . .
{R~:~~iJti6H:~~Ag:Wi~h
AtfiS:chmentt{A\>G}:
Submitted bYLp7__'
City M;!i::
o Not Required
Affected Parties:
o Notified
o Not Required
... .~p~t?wia.tion. ~od,El
. ,- . ............ ..... ..... ....... .
. .. ....... .. . ..... . ........... .
... . ............ ,"', ...,....
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.. ..,. . ... .
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.", .... '. . ....
...... ......... ...
. ... ...
o None
,p
"-1 Printed on recycled paper
,.-. -..,.. -"..MAY-16-'96 THU 16:25 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
... tU45 P02/11
J
T~E Clry Of CLEARWATER, FLORIDA
Ga$ Systera Revenue" Refunding ~onds, Series 1996
Hultfpt,lrpose 18~ue (ReflMlding CallablG& Only)
TOTAL ISSUE SOURCEs AND uses
Dated 06/01/1996
D~lfvered 06/01/1996
ReftMldins "iGce New Money P f lKle tosue $U'lmQry
$6,445,000.00 $8,695, (JOG. 00 $15,140,000.00
104,500.00 104,500.00
418,000.00 418,000.00
16,967,500.00 $8,695,000.00 S15,662,500.oo
41,892.50 56,517.50 98,410.00
'31,927.01 43.0n.99 75,000.00
30,914.30 61,042.12 91,956.42
10,645.43 21,020.02 :5',665.45
8.510,000.00 8.510,000.00
6,849,921.14 6,849,921.14
2,199 .62 3,347.:57 5,546.99
SOURces OF fUNtlS
~.r ~t of ~......................_........
Tren.fera froM Prior Issue Debt Sorvlce Funds.....
Transfer. from Prior IG8UO OS" Fund'..............
TOTAl. SOURCES
USES 0' fUNDS
Total Underwrfter's Discount (0.65OX)............
Costa of Issuance.................................
Grosa Bond In...urance Premh.n ( 30.0 bp)...........
bSRF Surety Poltcy (2.5X of OSR Requlr~t)......
bepotft to Project Const~tion Fund..............
Oeposit to Escrow Fund............................
Roundfng Amount...................................
TOTAL USES
aaYMond J~ & Aasociates
Publ ic FfhenCe DClpartment
$6,967,500.00 $8,69S,OOO.OO $15,6621500.00
FILE = H;\Pf\MUHEXP\CLUTR\GASSYST9-Cqlluble Multf~lssue ~rv
5/16/1996 2c06 PH
.MAY-16-'96 THU 16:25 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
~145 P03/11
lHE CITY OF CLEARUATER. FLORIDA
Cas systl!lQ Rcv~e & Refunding Bonds, S...los 1996
Muttipurpoa~ l$sUC (Refunding Callebles Only)
NET DEBT SERV1C~ SCHEDULE
DATE
PRINCIPAL COUPON
INTEREST
TOT AL PH
EXISTING D/S
MET HEll D/S
9/01/1996 10,000.00 3.550% 204,677.50 214,677.50 515,897.50 730,515.00
9/01/1997 90,000.00 3.650% 818,355.00 908.355.00 792,995.00 1,701,350.00
9/01/1998 90,000.00 4.000x 815,070.00 905,070.00 793,205.00 1,698,27S.00
~~~999~_".._).....?'-Il00Q.99~~(iJo\l'~~~~.~~~0~ ,,~~,,~. ",~8~.1.l~!9..~.90.,.. ''''''''''l+I+,""a~.~..~0fli1~x4.m~~.q~-,w.:,>,..,...,....,~?99.0''~''~7.'-.~,~Q9.ol-!<'~"". ,.:~.:,~1 J~~8., !45'a~oQ-
~.. ~~~(~ a~, t.."'I:<<-.'-Ho ':-" .~~ ;o:.,,;'.o(f::<:,:M-: . .~~~-"=t"':t::W:~:J"(~;Ii: :.,. I v~~)!"""')":l~:>-;~ ~~:~~~:: :~I:si"lS+JO:'k- . .:-to )o*f
~ ~ < . . . ~~~ ' . ~ ..... ~ ~~~-:-":.. .. .*.~~J#.o}A<<~ 'w . '. ......~~.~.~~.. . . ...~:J.:~~.. ~~h'r-M+M . ,~~:t
9101/2001 420,000.00 4.55OX 789,410.00 1.209,410.00 ~9O,175.00 '.699,585.00
9/01/2002 440.000.00 4.650~ 170,300.00 1,210,300.00 490,175.00 1,700.475.00
9/0112003 460,000.00 4.750~ 749.840.00 1,209,840.00 490,175.00 1,700.015.00
=>;..'N.CJ.U'?'~'~~";';.~~;~;~t""J~~~-~~~~''!'.~I~~~~""..._>>11~~~~~2~~~...,.....~!J~,!'j2.,~:w~'~Z~~~~~~;z,
~.~~~~~~W~;;'..;J.~~t$~::,*,'nl~~~I:~J1.y..;::,~w~,:r~j~W~..~Q'AW~Q.~I;~"t!t;~~~~lr.~i?:'m~~:k~t;~~~~=a.\J.~
9/0112006 530,000.00 5.05OX 679,470.00 1.209,470.00 490, 17S.oo 1,699,645.00
9/0112007 560,000.00 5.150" 65Z,705.00 1,212.705.00 490,175.00 1,702,880.00
9/0112008 585,000.00 5.250% 623,865.00 1.208,865.00 490,175.00 1.699,040.00
~~~~~~re~~~~t;i~~~~~~~~~~~ij;f.4l.i~~~~i~gatWt,~~;~i~~1ggJS~~r>.t~l~!~
9/01/201' 680,000.00 5.450% 525,150.00 1.205,150.00 490,175.00 1,695,325.00
9/01/2012 725,000.00 5.500% 488,090.00 1,213,090.00 490,115.00 1,703,265.00
9/0112013 765,000.00. 5.550X 448,215.00 1,213,215.00 490,175.00 1,703,390.00
w......~I~.~'~k..w.~~~~,~~;.~~~~~~~a~L~~.~,,'..,.,..<~~llf~~ ~~;~~I.~},~~[.~m~-"..v,...J..~::~i:~,Q....
~~.j~ ., .~Mfl:1t~:~~~~..~~;~~+i:1l:~W.:?"IJ;'#;C~~~~~~~~;~~~;f.~;.=t;J.~'~~l:~~~~1~~,;,::,#.:R;~~~~~~~kiJ~;.......,f-~.~~~~
9/01/2016 300,000.00 5.750~ 374,815.00 6r4,81S.00 1,028,575.00 1.703,390.00
9/01/2017 310,000.00 5.750% 357.565.00 661,S6S.00 1,032,275.00 1.699.840.00
9/01/2018 335,000.00 5.750% 339,740.00 674,740.00 1,026,575.00 1,703,315.00
9/01/2019 3S0 000.00 5.750% 320 471.50 670477.50 1,032.775.00 1 703 252.50
~~.,)t'lIJ:'bI'I'r~J<:"'~;~"'.i.;J-~..~,~..to:~~":!.""l'\"''''':lYw'''~iI!ro''-''''''~'' .,.."............."...~>.Pl!~.>E.'...Y.~..M..>,., '...l"H~~~;:"'i'i.~.......'...<.::""/;.,..~:,;.:~...,......
~~w~~~~~I~~~R~~.v:~~~~f..~y~~~~\l.,....w.~~~~~~~m~~~~:m:~i~;~..Q~~~a:;~V~tf~~~....;~rr-eif.~I;~':i~~;:~~~~
9/01/2021 390,000.00 5.750% 279,365.00 669,365.00 1,033,075.00 1.70~.440,00
9/01/2022 410,000.00 5.800% 256,940.00 666,940.00 1.033,360.00 1,700,300.00
9/01/20~ 430,000.00 5.600% 233,160.00 663,160.00 1,035,595.00 1,698,755.00
..._~~~~~~~~~~~..;.,......~~~~~.~.,~.-~,~J~-~~2~Q.q~-,~,.,.:...:.4.~J!~~~~"..,.y,>{~ll.r.~~!:~~:,.lt~..~-^:~J~?f.,~~9.;.:..
~ ~~.:J7~~}i~G~~,.~~...-:..~=w..J.'\\(~~~:t.'O:~>>jo;a~:1.l~.\I;~~t~<~.:;~J~::c~~l~,..~.1ElI,;~.:s~~t'~.!~~~~~~~~~~~~:H!c1::,:,;u.~~~~:U~~
9/01/2026 1,610,000.00 5.800% 93,380.00 1~103,380.00 1,703,380.00
TOTAl-
15,140,000.00
15.51~,'40.00
30,652,140.00
21,107,75~.50
51.7S9,892.50
RayDXld Jemcs & Associates
Public Finance Depar~t
fILE = K:\PF\MUNEXP\CLUTR\GASSYST9-Cul\able MultI-Issue summary
5/16/1996 2:07 PM
MAY-16-'96 THU 16:26 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
~145 P04/11
THE CITY Of CLEARUATER, FLORIDA
Ges systeta RClVflntJe & Refunding Bonds, Sorles 1996
MultIpurpose Issue (Refunding CGllablcs only)
DEBT SERVICE SCHEDULE
DATE
PRINCIPAL COUPON
INTERE:ST
TOTAL P+J
9/01/1996 10,000.00 3.550% ~04,677.50 214,677.50
9/01"997 90,000.00 3.65OX 818,355.00 90B,355.oo
9/01/1998 90,000.00 4.00ax 815,070.00 905,070.00
-..~~UlwT~~~.~!S~~~.,.\~t"~~~^,"~^""A..~l1!.~ilg.Q.............,.. ....~9~~~lQ,~~y..:.
~~~'.."-iJ~J1.\I.W.~~t-,t)~~~~W~"tl't:~.\I:~~;~;~~:i~~U"'~~~~~~~Q.'.~. "': .;'~".~~~~~~1~1a:S:~~2"~~:j~~~
9/01/ZOO1 420,000.00 4.550% 789,410.00 1,209,410.00
9/01/2002 440,000.00 4.65OX 770,300.00 1,210,300.00
9/01/2003 460,000.00 4.150X 749,840.00 1,209,840.00
~~:t.21ag04.......:~+...:~,M'~~~~~~\>,-~~~I-,...-~~~[;8~,:".,..~~~,1~^~~2~q~.~".
~!.t,~ti"/~~:c.~~~~~~~~Q.~:,t\!ol~,*~.~~~J:;~:~~Y~\I.~~~~hill~;~~~Qit;,:zs~~~lf:.,.".~~~~~~A:~~~
9/01/2006 53Q,000.00 5.050% 679,470.00 1,209,470.00
9/01/2007 560,000.00 5.150% 652,705.00 1,212,705.00
9/01/2008 585,000.00 5.2S0~ 623,865.00 1,208,865.00
....._-~~U~~~I':;,."..~~~1~22;~~,y~~y!r1~;:M:...:",..~~?~." ~g(~a9":.,.,.'~w.:~;.~~2~,:,~~~;>~,,~,,,
~"3fL~.';.I;..""n:l':;~:;S':::;'~~~\Ilttl..;foW~r.',;.;~..,:"~~~~~:V4.~~,~~~2m..,,..Q..~~~~~~,.~~~v..:tY.v.~~
9/01/2011 680,000.00 5.45OX 525,150.00 1,205,150.00
9101/2012 725,000.00 5.S0~ 488,090.00 1,213,090.00
9/01/2013 765,000.00 S.5S0X 448,215.00 1,213,215.00
a~~~~l~-21~~j(li:);),~.'(hl~~~~2.~P2,:::';'''~'~'~'~'~~:.;~'''~I<~~,:;~:~~!;-~~~2":,~,:",<;,.",.,:,,.,.,6~t~X~!-~..
..... ...... ;f~t~~~iEC~,:~:~~~~.~:~.t/~l~~~!;~~~~-P"~'l~~~~~~~7.."':#:1"'W\:Il{~.~tM~:'~~~~~J~;~.J:~':~~~"":<<+~
9/01/~016 300,000.00 S.750X 374,815.00 674,815.00
9/01/2017 310,000.00 5.750X 357,565.00 667,565.00
9/01/2018 335,000.00 5.750% 339,740.00 674.740.00
9/01/2019 350 000.00 5.750X 320,477.50 670,477.50
. .,:,:,:.'<Hi,.......,.. MW':':':;":':":';:':" . ':Ln~,:ftJ\~..~. 'il'f.""'......a!..~1I~..........+:..~l't'ft",..1e.~.~^1."..,."""":'~4:::L~,~~...lj~'^'....,,'-'\
~~1:~J~.m.~~~~~.;:.~~.;.~~~.,,~~i~~f.i~I.'I!~:!c-=~:~~y~~~~...,~I~~~:~~~\~At.~ift~~R.~~~)~
9/0112021 390,000.00 5.750% 279,365.00 669,365.00
9/01/2022 410,000.00 5.800% 256,940.00 666,940.00
9/01/2023 430,000.00 5.800% 233,160.00 663,160.00
9/01/2024 460 000.00 5.800% 208 220.00 668 220.00
~lJ1foW)~~~'"'5!Ol11()o:1OO::f$~@~~~1~;i.~~ilt~~5~:~ij,;;n:;~~i~;~ij~~O~n~l\~
9/01/2026 1,610,000.00 5.800% 93,380.00 1,703,380.00
TOTAL
15,140,000.00
15,512,140.00
30.652,140.00
YIELD STATISTICS
Bond Year Dollars.................................
Average ltfe..............'..4....................
Average coupon....................................
$276,880.00
16.288 Years
5.6024776%
5.6380201"
S.61151Z9%
5.62n273~
5.7364363"
Net Interest Cost (Nit)...........................
True lnterest COAt (TIC)..........................
aond Yield for Arbftrage Purposes.................
All Inclusive Cost (AIC)..........................
IRS fORM 8038
Net Interest Cost.................................
5.6024776%
18.288 Year$
Weighted Average Maturity.........................
Raymond JDme$ & AssociGtesMUNEXP\CLWTR\GASSYST9-Callable "~lti-l~$ue S~ry
Plbl ie Finance Department 5/16/1996 2:07 PM
MAY-16-t96 THU 16:27 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
~145 P05/11~
..
THE CITY OF CLEA~WATeR, FLORIDA
G4l$ System Revenue & Refunding Bonds, Series 1996
HultipurposQ I.suo (Refunding Calt~les Only)
PRICING SUMMARY
MATURITY TYPE OF BOND COUPON
YIELD ISS~NCE VALUE
PAR MATURITY VALUe
PRICE
DOLLAR PRJ~
9/01/1996 SERIAL COUPOH 3.55OX 3.519% 10,000.00 100.000X 1Q,000.00 100.000~ 10,000.00
9101/1997 seRIAL COUPal 3.65OX 3.647X 90,000.00 100.000X 90.000.00 100.000% 90,000.00
910111996 SERIAL COUPC* 4.00OX 3.998% 90,000.00 100.000" 90,000.00 100.000~ 90,000.00
;i'.~~b~~t!'~~~5~"",~~~"*v,-"",,.,~'.02~;2~r.;:.1~~b~~.'~""'.>>~J~~.,.g22~...~12~~~i~~""""''''~~~~-''
. . . :I:G,.".,.~.I~~~:S~~-'N,IJIJ.Ifr:C~~;(.~~~~".t~~~'f-;;;~~~:;lItht;:M~::;}'\fP.;YMy:lh!>~~~:t:r~~;~wJW~>1U,I,U":u~i!;'~.\Q~iUUJA..~~
9/01/2001 seRIAL COUPOH 4.550% 4.549X 420,000.00 1oo.ooax 420,000.00 100.000~ 420,000.00
910112002 SERIAL COUPON 4.650% 4.649X 440,000.00 100.000X ~40.000.00 100.OOax 440,000.00
9/0112003 SERIAL COUPON 4.750% 4.749% 460,000.00 100.000% 460,000.00 100.000~ 460,000.00
....u.._W.9.!L~Wt..I!~~~~~.~~~,y~,,~~~~.~)~....~,,~~~,.M.Q}~2,,.,,1~~~~i"~:"~:' .:~~~~~j-22.~.~12e!.2~~,~~>'.---;=~&i::~~
~_. . .. . . ~~~~"h,~~~~:~!t~JAf~~~~~~~.~~XJOOJ;..~~tM\e~~.. .... ;';!~~~~M~:;iY!~.~~t~f.w~:~U'IiI~.t~~~;~~jl,;J..~~~
9/01/2006 SERIAL COUPON 5.050% 5.049X 530,000.00 100.000% 530,000.00 100.000% 530,000.00
910"~OO7 SERIAL couPON 5.150% 5.149X 560,000.00 100.000% 560,000.00 100.000% 560,000.00
9/0112008 SEIUAL COUPON 5.250% 5.249X 585,000.00 100.000~ 585,000.00 100.0DO% 585,000.00
~~~~~~""~~~~~~",~~~,:",:'>:,,,w~~~~-2,2~~r2Jl~.:)~~;.~.~Z~"'I'",.,...,:~1!~~og;~O""'AY1~:'~~:":,1'''~''''.N~J~,L~~ID
t. ~~~. 'I .QI~~~~'-'A=r~~~LI'" .~~~~~~~~~.O:::\(~~~~O.~~JM~~anr~::;~~~~~~~P~\'.:1i:w. .~~cmu~~.~~~ic~~~~~~~Jfjlf~m
9/01/~011 SERIAL COUPON 5.450% 5.44~ 680,000.00 100.000% 680,000.00 100.000X 680,000.00
9/01/2012 SERIAL COUPON 5.500x 5.4~ 725,000.00 100.000% 725,000.00 100.00ax ~,OOO.oo
9/0112013 SERIAl. COUPOtl 5.550" 5.549X 165,000.00 100..000X 765.000.00 100.000% 165,000.00
9/01/201' SERIAL CClJPON 5.600% 5.599" 265 000.00 100.000~ 265.0ClO.00 100.000" 265 000.00
~~~nnr.ii:;;it'!~;t'l:~~lftNW;~<tI~~"S~~~~..:,~;a,~o!y'l;';;~i~~t.~~;;;:~$.~t':ft"'(jWoo;,:t;~~~t\""~~l'll'I~?.:t.;N7;;":I:'f,~R~~(tl""'~no.~.~J$W~~~~f,W~~tl:ftf,;y~ijo1~
~.f.M.AI:~A~~J~':\~~~,..:'~..... ... .~A~~J~<<"",~.~.~............-.........Sr, ~.,.."IV...............~......g'''"l:t.~'i.~~~I.H,~..;r~~~"!.~~~,,.....~M(."f...........,......,....~~~~w~".. ".".
9/01/2021 TERM 1 COUPON 5.750% 5.749% 2,050,000.00 100.0ao~ 2.050,000.00 100.00DX 2,050,000.00
910112026 TERM 2 COUPOff S.800X 5.799X 4,430,000.00 100.000% 4,4:50,000.00 100.00ax 4,430,000.00
TOTAL
15,140,000.00
15,140;000.00
15.140,000.00
BID INFORMATIoN
Par Amoun~ of bonda..................,............
GroG. Production
$15,140,000.00
$15,140,000.00
Total Underwriter's Discount (0.6S0%)............
Ofd
(98.410.00)
15,041,590.00
S15,041..59O.00
$276,880.00
18.288 Years
5.6024776%
5.6380Z01X
5.61151Z9"
Total purchase Price
Bond Year DolLars.................................
Average Lf1e......................................
Average CotJPOfl.....................................
Het Interest Cost (Nle)...........................
True Intere5t Cost (TIC)..........................
Raymond James & AssocI ates.
Pubt Ic Ffnanco DepqrttRent
FilE ; H:\PF\MUNEXP\C~WTR\GASSYST9.call$ble Hul~l.lssue summary
5/16/1996 ~:07 PM
--........MAY-16-'96 THU 16:28 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
tU45 f:~2t.11 -
.~'",,'''';''' ..,
THE CITY OF CLEARWATER, FLORIDA
Gas System Revenue & Flcfundfng Bonds, Series 1996
Refunding po~tfon
SOURCES & uses
Dated 06/01/1996
Delivered 06/0111996
SOURCES Of FUNDS
Per AMount of Banda...............................
Transfe~8 fr~ Prior Issue Debt ServIce Funda.....
Transfers from prfor Issue DSR Funds..............
$6,445,000.00
104,500.00
418,000.00
$6,967,500.00
TOTAL SWRCES
USES OF fUNDS
Total Underwriter'. Discount CO.650X)............
Coate of Js&UahOe......,..,.......................
Gross Bond lnauraoce Premium ( 30.0 bp)...........
DSRF surety Policy Fe~ (Q 2.5% of DSR Requirement)
Deposit to Escrow Fund.....~......................
ROlM"dfng AaItot.I'\t........... If' .. .. _......" .. ... .... ..
TOTAL USES
41,892.50
31,927.01
30,914.30
10,645.43
6,849,921.14
2,199.62
$6,967,500.00
Raymond James ~ ^ssocimtesWT~\GASSYST9~CBll8bla Hulti-Refundfng piece
Public finance Department 5/16/1996 2101 PM
_..v"__ .-MAY-16-'96 THU 16:28 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
. ~14;U::~7/11
........
THe CITY OF C~EARWATER, ~LORIDA
Gas S)'81:CIlI Rcv.mtJe & RefundIng EJonds, Serfes 1996
Refundfng Portion
GROSS DEBT SERVICE COMPARISON
DATE
PRINCIPAL COUPON
INTEREST
HEU O/S
OlD DIS
SAVINGS
9/01/1996 10,000.00 3.550~ 8Z,440.00 92,440.00 209,000.00 116,560.00
9/01/1997 25,000.00 3.650% 329,40~.OO 354,405.00 418,000.00 63,595.00
9/01/1998 25,000.00 4_000% 328,492.50 353,4~.50 418,000.00 64,507.50
~~!~V~~;#AA~,(-..~~~~:t""j......r,.;S3l~1:Z~J2<<..:..... ...,.~a;i~,~e~~~~ ",~,~'Z<.~V~t~'i'ii..,.........~l~~
~y.,... . ..:M . II, " .:'b.~~~'5.(f~~~~'ii.'~i3~~~\('"~r;~,f~:r;;tf~~,l;~~iI3',~~i',:;:~J::;,~t~8~M\m:o'M"~~~~~~Ml';JiJ."'~. ..
9/01/2001 345,000.00 4.55OX 311,967.50 656,967.50 719,700.00 62,732.50
9/01/2002 360,000.00 4.650X 296,270.00 6S6,2~.OO 719,860.00 63,590.00
9/0112003 375,OOOGOO 4. 75 OX , 279,530.00 654,530.00 718,440.00 63,910.00
~..J~)~~'i~~~~,9.~';.t".,,"..w2,~.~.,n~,9~'^'^"."<l.~._~~1,~Jlr."'~~1lo\"'''~'''-''<N~~,w,...,..,..2~~2~;.;
""...v.~ . ... ::. ~,~.,:q;~~,1~~~~~r~~~::t::;;~~~19M~;;.~Q~~~:;~ii:i~~~'{i~QU"~:'~.~,~~~~\:~_"~:~:AJI.v:~~~~~r)~~j(~oI4iI~~
9/01/2006 435,000.00 5.OS0X 2~Z,Z60.00 657#260.00 719,050.00 61,790.00
9/01/2007 455,000.00 5.150% 200,Z92.50 655,<92.50 720,175.00 65,482.50
9/01/Z008 475,000.00 5.25OX 176,860.00 651,860.00 715,550.00 63,690.00
-~!21~~~~~~~~~~~~!-~~~.2~w.~#..~~1,a2~.f.~~~p..,~>>>~:~.,.~^~~~l~'~~;'~~~~:4.':h~~.,,.r!!tr~~~",~.'I:~t~~
:1f;l!:~.I~~:Ji:I."J.W:~t.e..~~~m~"'~~~\l.~\OI~~~.~*~~1.~~li(~f'.~~~!':~;':j:c.~.~~~~;f(~,.:;IIM'....~t'~:~;:.~~c~?4 .. ". .. I~~~.;;~~*"~~~~~
9/01/2011 555,000.00 5.450% 96,552.50 651,552.50 718,175.00 66,622.S0
9/01/2012 590,000.00 5.50OX 66,305.00 656,305.00 719,500.00 6),195.00
9/01/2013 610,000.00 5.550% 33,855.00 643,855.00 708,225.00 64,370.00
TOTAL
6,445,000.00
~,859,167.S0
10,304,767.50
",514,650.00 1,209,882.50
PRESENT VALUE ANALYSIS SUMMARY (GR.OS$ TO GROSS)
Gross PV Debt Servfoe Savings.....................
Transfe~$ 1~o. priOr Issua Debt Service Fund......
Tran5fers from Prior Issue DSR Fund...............
contingency or Rounding Amount....................
803,645.68
(104,500.00)
C418,OOO.OO)
3,455.68
$284,601.56
HET PRESENT VALUE BENEFIT
NET PV BENEFJT / $6,480,000 REFUNDEO PRINCIPAL... 4.39~X
R~ymond J~ & Aa80ciDtes FILE = H:\PF\MUNF.XP\CLWTR\GASSYST9-callable Multf-Refundlng pfece
Public Finance OepartJllent 5/16/1996 2:09 PH
..'" - --~._.--~- - - --~..- - .- ~
,
lIIJf 4J
M~Y-16-'96 THU 16:29 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
f:t145 1?0S/Jl
~
THE CITY OF CLEARWATER. fLORlOA
GDS System RClve~ & Refundfng Bond&. Serfes 1996
Ref~fng ~ortfon
DEBT SERVICE SCHEOULE
DATE
PRINCIPAL COUPON
INTEREsT
TOTAL P+J
9/0t/1996 10,000.00 3.55~ 82,440.00 9~,440.00
9/01/1997 25,000.00 3.650X 3Z9,405.00 354,405.00
9/01/1998 25,000.00 4.000% 3Z6,'92.~O 353,492.50
910~1999 Z5 000 00 ~.~SOX 327 492.50 ~5Z 492.50
~~ '~~~':':'~~....:I'oWK:.!.W"'''''~~-''' ':':'>"'~.(.:''::;''':';~''',,*~~~,~",'l'''''A~'-'.'~' "';"~'1J:~7-#-.t:..~,0i""'~'l"
~ .\0 1.~~"~~i.'-MI:~~u~.~~."'~.\I",.,~~r-~~'~t~JIM!~;..~~;;"~~~~~~~f.I.tt.~
9/0112001 345,000.00 4.550% 311,967.50 656,967.50
9/01/2002 360,000.00 4.650% 296,270.00 6S6,Z70.00
9101/2003 375,000.00 4.750X 279,530.00 6S4,530.00
.....':..JI9J12~~~~~?~~2~~~,;:.:~'t~ik~~~,..~."...^~.tI!~~".~,' .,,,,,*~,t.~l'llI~~~~.
~~w~:".~~1~;"-\I.W=.J.~!ot'.:~:~~~,~~~ '. . iW~,\t~~~~:'~1~~~~'~;~~~~
9/0112006 435,000.00 S.OSO~ 222,260.00 657,260.00
9/01/2007 455,000.00 5.150~ 200,292.50 655,292.50
9/01/2008 475,000.00 5.250~ 176,860.00 651.860.00
~/Q.1.I~99t:<~~!t':k.~Q~,'.22~';~Il:':';;''':~~~~:ll<t:.:~.~:,....t'.'lU1~~:'~~'t''';",' "';:~~1~~.J~~~2:~,
~.i~"~\.~j~~~QQ~~;::~~~~~=:-!J.U1I.~;c)'~~~~i':t~'it~~~~~~t~~~~:~~~.v:st:..
9/01/2011 555,000.00 S.450~ 96,55Z.50 651.S5~.50
9/01/2012 590,000.00 5.500; 66,305.00 656.~05.00
9/01/2013 610.000.~0 S.S50~ 33,855.00 643,855.00
TOTAL
6,445,000.00
3,859,767.50
10,304,767.50
YIELD STATlSnCS
Bond Year Dollars.................................
Aver8g~ L~fe............._.........._._..........~
Averase Coupon........................_...........
S73,536.25
11.410 Years
S.24879Sn
5.3051642~
5.3025241"
S.6~'nZ73X
S.4421S92X
Net Interest coat (N1C)............,..............
True Interest CO$t (TIC)..........................
Bond Yield for Arbitrage Purposes.................
All Inclusive Cost (AIC)..........................
IRs fORM 8038
Net Interest Cost.................................
Vefghted Aver~ge Hoturity........,................
5. 2487951X
11.410 Years
Reymond James & As8ociatesNEXP\CLWTR'~SSYST9-CallBb'e Mul~I-~efunding piece
Public FinancG Depertment '/16/1996 2:07 PH
.- -..p..: MAY-16-'96 THU 16:30 ID:RJA PUBLIC FINANCE FAX NO:813-5'73-8315
~1~5 P09/11 .
tHE CITY OF CLEARWATER, F~ORIOA
GU System l\evenue & Re1Wlding B0nd9, Series 1996
Refunding portion
PRICING SUMMARY
AA1URITY TYPE OF BONO COUPOH
YIELD ISSUANCE VALUE
PAR MATURITY VALUe
PRICE
DOLLAR PRICE
9/0111996 SERIAL COUPON 3.550X 3.519': 10,000.00 100.000:( 10,000.00 'OO.OOO~ 10.000.00
9/01/1997 SERIAl. CWPON 3.650X 3.647X 25,000.00 100.000X 25,000.00 100.000x 25.ooo.0D
910111998 SERIAL couPON 4.000% 3.998X 25,000.00 100.0~ 25,000.00 1oo..0ooX Z5.000.00
~~~~~~~~~~r-~1.'~\"""'''''<.w~~,.Q.QQ'!..9.g,..,..1~~2q9~.....':~."m~~Q2~.9...12~~~-":~~,,.,~~~
~ JAt-~~JiB ~'...:~.I.~~~~~~ft:~~~~~~~~~~~QO~Q'f~~J.ou:..uum~t:t:~~~~:~,O~"'~~..II.'t~~:t~~:=a.~~M~
9/01/2001 SERIAL CQ.IPON 4.5SOX 4.549X 345,000.00 100.000~ 345,000.00 100.0oaX 145.000..00
9/0112002 SEIUAL COJPOH 4.650% 4.649% 360,000.00 100.000X 360,000.00 100,000" 360.000.00
9/01/21103 SERIAL COUPON 4.1SOX 4.749" 315,000.00 100.000% :575,000.00 100.00D'X 375rOOO.OO
~~~~~~.J~o;~';'4:~<,,~i~~2~~~~qi.,.,,~9:Q,~9~.,_~.>t~z~1~~e2'~*~'\.l<.J~~~r.....~,:.c.~~!.~~~
t ......l".I5M~~. ...... ~ . ~M~~jJJ.fti +~~~.,~~;;;t.._:w.~~.O"'.:.~:;~~1.P:Q~fJ~~~~~~~~~~~1JiwJl~.uwtf~;t-!"~~~..i-.....~~
9/01/2006 SERIAl. C;(JtJpQII 5.05OX 5.049X 435,000.00 100.00OX 435,000..00 100.00~ 435 r 000.00
9101/2007 SERIAL coJPON 5.150% 5.149X 455.000.00 1oo.000x 455,000.00 100.000X 455.000.00
9/01/2008 SERI".. COUPON 5.250% 5.Z49X 475,000.00 10Q.000X 475,000.00 100.0DO" 475,000.00
9/01/2009 seRIAl. COUPON 5.350% 5.~9X 500 000-.00 100.00OX 500 000.00 100.000" 500 000.00
~~~'nnr.:;;Q.,~~\~I'i<i1t~ft~lJj""""-""'~"""'"t':~''''''~'ft'''''''''''''''''''X~'\~')i/!i'''''.',;,:I,.....~~'..I'I1\':~~~~;w;;;....l~~~~.'~~;;~~~
~~~~ ~....~~~~*~~'-'.~i~~~~<'i~~~~=:~i.1a;~rJ;J,)jlk~1wJra4:MU.O~~~~'!:~~~".w.'lJ.\l.\f';:'~~.If~~:$t~~I~~~~
9/01/2011 SERIAL CClIPON 5.450% 5.449X 555,000.00 100.000% 555,000.00 100.000X 555,000.00
9/01/2012 SERIAL ca.rPON 5.500% 5.499% - 590,000.00 100.000" 590.000.00 100.000% 590,000.00
9/01/2013 SERIAL COUPON 5.5S~ 5.549X 610,000.00 100.00OX 610,000.00 100.00OX 610,000.00
TOTAL
6,445.000.00
6,445,000.00
6,445,000.00
BID INFORMATION
Par Amount of Bonds...............................
Gross Production
Total Underwriter'S Ofscount (0.650%)............
Bid
$6.445,000.00
$6.445,000.00
(41,892.50)
6,403,107.50
$6,403,107.50
S73.536.25
11.410 Years
5.2487957X
5 .305764~
5.302S241X
Total Purchase Price
Bond Year Dolla~.................................
Averago Life"...,.,.....................................
Average Coupon....................................
Net Interest CQ$t (Nle)...........................
True Interest Cost (TIC).,........................
bymond J~ & Associate$
Public Finance DepartMent
FILE - H:\PF\HUNEXP\CLWTR\GASSYST9-CGllable Multi.kefUndins Piece
5/16/1996 ZaOS PM
. ':~ " I;,:, ' , ., \) '..' : ....
~ ~
,~ MAY-16-'96 THU 16:30 ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
t:t145 P10/11.......'
THE CITY OF ClEARUATE~, FLORIDA
GaG Systellt Revenue I. RefundIng Bonds, Series 1996
Refunding portSon
ESCROW FUND CASH fLOW
DATE
PRINCIPAl.
RATE
INTEREST
RECEIPTS
DISBURSEMENTS
CASH BALANCE
6/01/1996 21.14 ~1.14
9/01/1996 115,000.00 94,052.22 209,052.22 Z09,OOO.OO 73.36
3/0111997 20,900.00 188,104.44 209,004.44 209,000.00 77.80
~~~.,*~I~.9.,.?9~i~~~~",~~~~",~",",;'"y:"~""":,,,,J~I.J2,~7.-~':":';'::;':"'I:,.....~~:~.q~~,~~.;:...~,,~....,~~~~..::.~~""'-'''':':~I+Hi~
~ . ;t:"~ . ~~~~!\-:,~IQ;WQ_"''''''~~~~~~~~';;:~~~~~;;::':;~'.QQ~~.utt)~~~:~~~~:~:~:!.:!.:~~9~~f~~ . 1~:~~~~~~~~i~1~;GU~1;"U."~~~~~~~!~~!~~J~=
9101/1998 20,900.00 188,104.44 209,004.44 209,000.00 91.12
3/01/1999 20,900.00 188,104.44 209,004.44 209,000.00 95.56
9/01/1999 6,630,400.00 5.6740000X 188,104.44 6,818,504.44 6,818,~G.OO
TOTAL
6,849,900.00
1,222,678.86
8,072,600.00
8,072,60D.00
INVESTMENT PARAMETERS
Investment Model tPV, GIC, or Securities].........
Default fnvestment yield target...................
Securities.
Bond Yield
Cash Depo-s ft. .. . . . . . . . . . . . .. . .. . . . .. . . .. . . . . . .. . . . . . . . . .
Cost of Restri~ted Investments....................
Total Cost of Investments.........................
Yield to Re~etpt.....,............................
21.14
6,849,900.00
$6,849,921.14
6,849,767.64-
(153.50)
5.6198718~
5.6205871%
Target Cost of Investments at bond yield..........
Actual positive or (negative) arbitrage...........
Yfeld for Arbitrage Purposes......................
Rayw10tld Jemea & Aasoolates
publ Ie finance Depart1nent
FILE R H:\PF\HUNEXP\CLUTR\GASSYST9.Callabla Multi'Refunding piece
5/'6"996 2:0~ ~
~ ..-.~-" "...... MAY-16-'96 THU 16:31
ID:RJA PUBLIC FINANCE
FAX NO:813-573-8315
. tt1.~~. ..I?~J,/11
THE CITY OF CLEARWATER. FlORIDA
Gas System Revenue & Refunding Bonds, Series 1996
Refunding Portion
Maturity vs. CallOS Report
DATE
RE FUNDED BONDS
PREMIUM ... Al
D/S TO CALL
PRINCIPAL
COUPON
INTEREST
REFUlI>ED D/S
6/0"1996
9/01/1996 209,000.00 209,000.00 209,000.00
3/01/1991 - - 209,000.00 -. 209,000.00 209,000.00
~~~{a;~-~.,..,=.~:.;;,:... :~........>t>t>t., ....';~,,~:-:-~.~... .~;...~*,,,.,,.~... ~2~,RoOe~,:~~...~......;.. "',.""-:..,.."....-::.;..,.;: :,;p..;.;....,..,,,:..;.',...>.e'.".',~~~:~31t{~222~~2....':'...."'m~-j~~:~~.;~
~ Kt.. ~~~~~~~~:~~lf::::.!:~~.~u.~:!r:~~~~'l~~~:~:t.~~t~::J;,lI~_~O ~.~w~~i.;;;.!.~:;:;::::~;~~~.a:;:.~~t::.::~i~::;~::~(~.~~:~~:~<)~::.~~~~~:1)o~~~;.~1~~;?Ci...,.,-:f~~"'~~~)Ia\~,,~.,~~~
9/0111998 209,000.00 209,000.00 209,000.00
3/01/1999 209,000.00 209,000.00 209,000.00
9/01/1999 6,480,000.00 129,600.00 6,818,600.00 ~. 209,000.00 209,000.00
...;~t;":':': . ~'~+\~:'':4i~'' ....(.; :.>.,*...~""......,..:~...,.. ..... .,.,' ... ... ..;.".;^'...~....M...... . ........ .:....jI(,.... ..~:'"K""..;!;!"'~,...-:. .... y:,...."".,':'J'...t~~t.2-22iP9."'. '''\'~:U'''>'~~~
~.. ~ . '~~~~J.,~~~~~~.#~-:c:;im~:~~:~:~:;:;Z::;~:~~:~~~::~~:~~~S:~:~\;\,~::~~~:~~:i~~:-~~;~~~;~~g,,:~~.Q~I.t\l.Ni!t~:S:~~:q:~~:':~~~T!.~i~~.~~~;,..9JJ:~~,.~~:~~....~~~~~
3/01/2001 199,$50.00 199,850.00
9/01/2001 320,000.00 6.200X 199,8S0.00 519,850.00
310112002 189,930.00 189,930.00
9/01/200Z . . . 340 000.00 6.300% 189 930.00 529 930.00
a.~~1Il:"~":~"""'''''' .....,'. :<r:"Ic'of';"~"''"o''Y'':V'''''''''''''''''''''''''S.' ',"'" .'='I"*".;~:"':~Io""'~" .'., M....'..... .......... .... """::I:.<.:+,IoI'''''m~,~''~''''''''''''''~~~''f'''.''''''.'''''''~'M-I''''~':-':''''''''...........~.!M..~.fzw::;~.f.<6t$+:.N:'.~r-~~;N~
. . ~ai..,~~~~~~:~~~~~~:~~t,;;~::;~t;~~~~;;:::~:~::9:~~::~~~;~;..~~~~;;;{;~~~~;:~;~:{~:~~':~~:~~~~t~~~~~~.~~~~~~~~~~~;$~~~~~J~~~~f.:J'~~rzz.U:~'M'f:~~~~t~~...~~f(~~~
9/01/2003 - . . 360,000.00 6.400% 119,220.00 539,220.00
3/01/2004 161,700.00 167,100.00
9/0112004 380,000.00 6.500X 161,700.00 547,700.00
il:><..1J.~~~"~"'-~"''''~.:No~''*_~~~'AW~'~''''','',' .... .~.........."'.w;S',..,',.,., ........ ....... "~ ." ..... ..*,....,..,,>.:'1.!'..,.t'I~. ..~.w.:...........>.~..>Jt:";tt~~".><;!;"_."m1~!~~.~~~~~~illJ~~~;
~ . . .,. ..~~~~::c~I.~~J:4'~~~~:!t~~j:t;t:.,~~~~;~~;!~~a~:~~~.~~~:.:t:~~~::;::;V;~~~?:~~~~t~~!::~S~~ii~~~~~~~IJ.~~~~~~~~~;,~'~J..I..~~i~~;.'i~;:;),t,.,.~~.~...~.: l~~11 ~~"If.~
3/01/2006 . ~ - -. 14~,025.00 142,025.00
9/01/2006 435,000.00 6.500% 142,025.00 577,025.00
3/01/2007 , 127,887.50 127,887.50
9/01/2001 - - - 465 000.00 6.50OX 127,887.50 59Z 887.50
~jlWW~lt~Hr~it~~~'f1'A.~~~~~2i~~~~:~"~~~~c::=~~~~:~~~~(i::;:~~:~;~~!:;~:~;~:~:::~~:~:~;;~t.::;:t:f.:~:~~:;~';~~1~~~~!~~'~~~~I:&~~~~~~:t..Ji~~~:.;.~f~~~~~~::;~~:i~:~~~:i!~:~~~~Wg:.t~~~~
~~I~~~.;/..-..-~+r:'+t+~~""",;",~""",''''.'''''M~.:.:''I<';~'lfl(~....~,.../:,......,...:'.....'..........,....+...loW+:N'to)o:~~;t.o..I;............:):.V.....................~.....1-.;.t...h"'M+~i;r.A..~.... ......\'........................-:.I).....,.~r;rl~~";.............:v:',:~w;;j:'~
9/01/2008 . ~ - 490,000.00 6.500X '12,775.00 602,775.00
3/0112009 06,850.00 96,850.00
9/0112009 525.000,00 6.500X 96,850.00 621,850.00
it~~~~~...,.._.~~.......,;"""~..,...~~.. ~"::.:,:~...+...~\:.;.;.......~.>..,..,.,..,..,.,.......,.:.+.,:,;,::~;.".~<<--.~..~>~Jl1'<-"':nnn:::nrt,,,....,........:.t:".':;tll\,,:.~~..~,;,..~.l!!;.~~,..~...,-"":'~~~!::i~"""
. . . . . ~~~~.... .~~;.:~~h~.~~:;I;:~li,~~r...~~~.~~~~~~~;~~~~;~;c:~;.~;<-~\~~.::a:c~r.~';f:~J.::1.::.::o~.~~~~i~gu:,VJ.AI.'..~.~~:r~:t.8.;~~J.J.\lt'f:1~~>,~"/~~';, :l:';u,,~~u~~;.Jo~ ;'~~~~~t"'Dutl~
3/01/2011 61,587.50 61,587.50
9/01/2011 595,000.00 6.500% 61,587.50 656,587.50
3/01/2012 42,250.00 4~,250.00
9/0112012 . . . 635,000.00 6.500% 42,250.00 611 250.00
~...~~..;:N\:~,~1:~~-O:'~~~~W<<:,:~~:w:~.......:......:~~~~.~~<:.:.:,:~:M:,:.:,.~~.l!C:~: tM.:.."'.~,}:...:<C.~.::.....~:;:::;.;...~-.:....~.~>>~#,(.~-:r*:.u.I.~.t.o:otol;~..,.:~:-,.,<'~:::j~"i:;.~:-:)r.r;.:w:M.k=+*:O:-I-f.~...';:.~;.;~..~...-.r.;it~::::-Llia~,:.>>Kf.*~~~:~.4J:~~
~~~~~~'$:'W~"+t>~~~':C'J:\:::-~Z:::~!t.~~~I<:...c.:.iof+c-:~~l~;..'::i:;t.::.~~:-t.~:!.::s..:;.;/;~<:~;.~~:;,:~:.:..~~.j.:.!~~~~:;:~.~.~;~:;,~~~~~:::~:....:~~i:."t~~"t.;:.;..)i.;:)o;~~:~:..I:~:=::;t~.~~~~~~:t~..;:;:-;:,':~a..:~O:I~.:.-.iJ~.:.~~~~:~n:~
9/0112013 665.000.00 6.50ax ~1,612.50 686,612.~O
TOTAL
6,480,000.00
129,600.00
8,on,600.00
6,480,000.00
5,034,650.00
11,514,650.00
RttVlJlOOd James & Aasocfutes
Public Finance D~rtment
FILE = H:\PF\HUNEXP\Cl~TR\GASSYST9-Cal\&ble MUlti.Refundfns Pleco
5/16/1996 2:08 PM
RESOLUTION NO. 96-44
A RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED
$9,750,000 GAS SYSTEM REVENUE BONDS AND $8,500,000 GAS
SYSTEM REVENUE REFUNDING BONDS; FIXING REDEMPTION
PROVISIONS FOR THE BONDS; SETTING FORTH THE FORM OF THE
NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE
RELATING TO THE SALE OF SUCH BONDS; DIRECTING PUBLICATION
OF THE SUMMARY NOTICE OF SALE RELATING TO SUCH BONDS;
PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF
THE BONDS; SETTING FORTH THE OFFICIAL NOTICE OF SALE AND
BID FORMS; PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN
FULL BOOK ENTRY FORM AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A LETTER OF REPRESENTATION WITH THE
DEPOSITORY TRUST COMPANY; APPROVING THE FORM OF A
PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE SELECTION
OF A REGISTRAR AND PAYING AGENT; AUTHORIZING THE
SELECTION OF A PROVIDER OF MUNICIPAL BOND INSURANCE;
PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 15, 1991, the city commission of the City
of Clearwater, Florida (the "City" or the "Issuer") enacted
Ordinance No. 5118-91 (the "Original Ordinant>-:1") to provide for the
issuance of bonds payable from Net Revenues of the Gas System (as
defined therein); and
WHEREAS, on september 1, 1994, the City enacted Ordinance No.
5665-94 (the "Series 1994B Bond Ordinance") which authorized the
issuance of not to exceed $26,750,000 city of Clearwater, Florida,
Gas System Revenue Bonds, Series [to be determined], as Additional
Parity Obligations under the Original Ordinance to finance the
costs of the Series 1994B projects (as defined in the Series 1994B
Bond ordinance); and
WHEREAS, on June 6, 1996, the City enacted Ordinance No. 6030-
96 (the "Refunding Ordinance", which together with the Original
Ordinance and the Series 1994B Bond Ordinance, collectively, the
"Bond ordinance") which authorized the issuance of not to exceed
$8,500,000 City of Clearwater, Florida, Gas System Revenue
Refunding Bonds, Series [To be determined] (the "Refunding Bonds") I
as Additional Parity Obligations under the Original Ordinance to
advance refund a portion of the city's outstanding Gas System
Revenue Bonds, series 1991 (the "Refunded Bonds"); and
WHEREAS, it is in the best interest of the City to designate
the portion of such bonds to finance the Series 1994B Projects as
Resolution No. 96-44
"Gas System Revenue Bonds, Series 199 6A, " (the "Series 1996A
Bonds") and to designate the Refunding Bonds as "Gas System Revenue
Refunding Bonds, Series 1996B" to reflect the year of their
issuance; and
WHEREAS, it is in the best interest of the city to provide for
the public sale of not to exceed $9,750,000 of Series 1996A Bonds
and $a,500,000 of Refunding Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, as follows:
SECTION 1. SERIES DESIGNATION. The not to exceed $9,750,000
of the Gas system Revenue Bonds, series [to be determined]
authorized by the Series 1994B Bond Ordinance being offered
pursuant to this resolution are hereby designated as Series 1996A
Bonds (the "Series 1996A Bonds") and the not to exceed $8,500,000
of the Gas System Revenue Refunding Bonds, Series [to be
determined] authorized by the Refunding Ordinance being offered
pursuant to this resolution are hereby designated as Series 1996B
Bonds (the "Series 1996B Bonds").
SECTION 2. PUBLIC SALE. There are hereby authorized to be
sold pursuant to a public sale not to exceed $9,750,000 city of
Clearwater, Florida, Gas System Revenue Bonds, series 1996A, and
not to exceed $8,500,000 city of Clearwater, Florida, Gas System
Revenue Refunding Bonds, Series 1996B (the series 19968 Bonds,
together with the Series 1996A Bonds, the "Series 1996 Bonds").
SECTION 3. PROVISIONS FOR REDEMPTION. The Series 1996 Bonds
maturing prior to or on September 1, 2004 are not subject to
redemption prior to their maturity date. The Series 1996 Bonds
maturing after September 1, 2004 are subject to redemption at the
option of the city prior to maturity on or after September 1, 2004,
in whole at any time, or in part from time to time, on any interest
payment date in such manner as shall be determined by the city at
the redemption prices expressed as a percentage of the principal
amount of the Series 1996 Bonds to be redeemed as set forth below,
together with accrued interest to the date fixed for redemption.
Redemption Price
(Percentage of Par)
Period During Which Redeemed
September 1, 2004 through August 31, 2005
September 1, 2005 through August 31, 2006
September 1, 2006 and thereafter
102%
101
100
SECTION 4. SALE OF SERIES 1996 BONDS. The Finance Director
is'hereby directed to publish the Summary Notice of Sale of the
Bonds in a newspaper regularly distributed in the City of
Clearwater and in The Bond Buye~, such publications to be on such
date as shall be deemed by the Finance Director to be in the best
2
Resolution No. 96-44
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interest of the Issuer and such publications to be not less than
ten (10) days prior to the date of sale; and to publish such Notice
in such other newspapers on such dates as may be deemed appropriate
by the Finance Director.
Proposals for purchase of the Series 1996 Bonds will be
received at the office of the Finance Director of the City, 100
South Myrtle Avenue, Clearwater, Florida 34616, from the time that
the Notice of Bond Sale is published until 11: 00 a. m., Eastern
Daylight Savings Time, on June 27, 1996 (the "Bid Date").
SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale,
Summary Notice of Sale of the Bonds and the Official Bid Forms to
be submitted for purchase of each series of the Series 1996A Bonds
shall be in substantially the forms annexed hereto, as Exhibits A,
B, C, and D, respectively, together with such changes as shall be
deemed necessary or desirable by the Finance Director, incorporated
herein by reference.
SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest
of the City and the residents and inhabitants thereof that the
Series 1996 Bonds be issued utilizing a pure book-entry system of
registration. In furtherance thereof, the city authorizes the
execution and delivery of a Letter of Representation with the
Depository Trust Company in substantially the form attached hereto
as Exhibit E and the Mayor-Commissioner or the city Manager are
hereby authorized to execute and deliver the Letter of
Representation with such changes, insertions and omissions as shall
be approved by the officer of the City executing the same. The
City hereby ratifies and approves the terms and conditions set
forth on Exhibit E attached hereto. Such terms and provisions
shall be deemed to be incorporated herein and in the Ordinance as
if set forth at length. For so long as the Series 1996 Bonds
remain in such book entry only system of registration, in the event
of a conflict between the provisions of the Ordinance and the
provisions of Exhibit E attached hereto the terms and provisions of
Exhibit E shall prevail.
SECTION 7. PRELIMINARY OFFICIAL STATEMENT. The Mayor-
Commissioner and Finance Director are authorized and directed to
cause a Preliminary Official statement to be prepared in
substantially the form attached hereto as Exhibit F, with such
changes, insertions and omissions as shall be approved by the
Mayor-Commissioner and Finance Director, containing a copy of the
attached Notice of Bond Sale and Official Bid Forms and to furnish
a copy of such Preliminary Official Statement to interested
bidders. The Mayor-Commissioner and Finance Director are
authorized to deem final the Preliminary Official statement
prepared pursuant to this section for purposes of Rule 15c2-12 (the
"Rule") of the Securities and Exchange Commission. Upon the award
of the Series 1996 Bonds to the successful bidder, the City shall
also make available a reasonable number of copies of the
3
Resolution No. 96-44
preliminary Official statement to such bidder, who may mail such
Preliminary Official statements to prospective purchasers at the
bidder's expense.
SECTION 8. CONTINUING DISCLOSURE. The city hereby covenants
and agrees that, in order to provide for compliance by the city
with the secondary market disclosure requirements of the Rule I that
it will comply with and carry out all of the provisions of that
certa in Continuing Disclosure Certif icate in substantially the form
attached hereto as Exhibit G, to be executed by the city and dated
the date of issuance and delivery of the Series 1996 Bonds, as it
may be amended from time to time in accordance with the tenns
thereof (the "continuing Disclosure Certificate"). Notwithstanding
any other provision of this Resolution, failure of the city to
comply with such continuing Disclosure certificate shall not be
considered an event of default; however, any Bondholder may take
such actions as may be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the city
to comply with its obligations under this Section.
SECTION 9. REGISTRAR AND PAYING AGENT. First Union National
Bank of Florida, Jacksonville, Florida, is hereby appointed as
Registrar and Paying Agent for the Series 1996 Bonds.
SECTION 10. MUNICIPAL BOND INSURANCE. The Mayor-Commissioner
and the Finance Director are hereby authorized to select a bond
insurer to provide insurance to insure the scheduled payment of
principal and interest on the Series 1996 Bonds on behalf of the
Issuer.
SECTION 11. AWARD OF BIDS. The Finance Director is hereby
authorized to accept the bids for the Series 1996 Bonds. The city
Manager and the Finance Director are hereby authorized to award the
sale of the Series 1996A Bonds and/or the Refunding Bonds,
respectively, on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for
herein and within the following parameters: (1) in the case of the
Series 1996A Bonds, the true interest cost rate shall not exceed
7 .00% , and (2) in the case of the Refunding Bonds, the true
interest cost rate shall not exceed 7.00% and the refunding of the
Refunded Bonds by the Refunding Bonds shall provide the city with
a net present value savings of not less than 4.0% of the par amount
of the Refunded Bonds. The City Manager and the Finance Director
are hereby authorized to award the sale of either the Series 1996A
Bonds or the Refunding Bonds as set forth above or to reject all
bids for either or both series of Series 1996 Bonds. Such award
shall be final.
SECTION 12. EFFECTIVE DATE.
effect immediately upon adoption.
This resolution shall take
4
Resolution No. 96-44
Passed and adopted by the city commission of the City of
Clearwater, Florida, this day of , 1996.
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Approved as to form
legal sufficiency:
p~a~~Akin, city
and
Attest:
Attorney
cynthia E. Goudeau, City Clerk
5
Resolution No. 96-44
, .. ~. 'I.
EXHIBIT A
FORM OF NOTICE OF BOND SALE
1
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Resolution No. 96-44
OFFICIAL NOTICE OF BOND SALE
$8,695,000 ·
CITY OF CLEARWATER, FWRlDA
GAS SYSTEM REVENUE BONDS, SERIES 1996.\
and
$6,445,000 ·
CITY OF CLEARWATER, FWRlDA
GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 19968
Sealed proposals will be received by the City of Clearwater, Florida (the .City") at the offices of the
Finance Director of the City, 100 South Myrtle Avenue, Clearwater, Florida 34616 by 11:00 a.m. (Eastern
Daylight Savings Time), on June Z'l, 1996, for the purchase of the City of Clearwater, f1orida, Gas System
Revenue Bonds, Series 1996A (the .Series 1996A Bonds") and for the City of Clearwater, Aorida, Gas System
Revenue Refunding Bonds, Series 1996B (the .Series 1996B Bonds' or the "Refunding Bonds', together with the
Series 1996A Bonds, the 'Series 1996 Bonds"). The proposal for the Series 1996A Bonds, together with the good
faith deposit described below, should be enclosed in a sealed envelope marked "Proposal for $8,695,<XX). City
of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A; Do Not Open Until 11:00 a.m. (Eastern
Daylight Savings Time), June 26, 1996., and the proposal for the Refunding Bonds, together with the good faith
deposit described below, should be enclosed in a sealed envelope marked "Proposal for $6,445,000. City of
Clearwater, Florida, Gas System Revenue Refunding Bonds, Series 1996B; Do Not Open Until 11:00 a.m.
(Eastern Daylight Savings Time), June 27, 1996", or such similar legend which appropriately identifies the
contents thereof.
Form or Series 1996 Bonds
The Series 1996 Bonds will be issued in book entry only form, without coupons, in denominations of
$5,000 or any integr-a1 multiples thereof. Principal of and any redemption premium on the Series 1996 Bonds
shall be paid to the registered owners at the principal corporate trust office of First Union National Bank of
Florida, Jacksonville, Florida (the "Paying Agent' and 'Registrar', upon presentment and surrender of the Series
1996 Bonds. Interest on the Series 1996 Bonds shall be paid to the registered owners as shown on the
registration books maintained by the Registrar, by check or draft mailed to each such owner's address as shown
on the registration books maintained by the Registrar as of the fifteenth (15th) day of the calendar month
preceding such interest payment date. Interest will be payable each September 1 and March 1, commencing
September 1, 1996. Interest will be calculated on the basis of a 360-day year of twelve 3O-day months. For so
long as The Depository Trust Company, New York, New York, or its nominee, Cede & Co. (collectively, '1>TC")
is the registered owner of the Series 1996 Bonds, payments of principal of, redemption premium, if any, and
interest on the Series 1996 Bonds will be made directly to DTC. Disbursements of such payments to the DTC
participants is the responsibility of DTC and further disbursement of such payments from the DTC participants
to the beneficial owners of the Series 1996 Bonds is the responsibility of the DTC participants.
Initially one bond will be issued for each maturity of the Series 1996A Bonds and for each maturity of
the Refunding Bonds in the aggregate principal amount of each such maturity and registered in the name of
DTC. DTC, an automated clearing house for securities transactions, will act as securities depository for the
Series 1996 Bonds. Purchases of the Series 1996 Bonds will be made in book-entry-onJy form (without
certification). It shaD be the responsibility of the Successful Bidder (as hereinafter dermed) for the Series 19%A
Bonds and for the Successful Bidder for the Refunding Bonds to furnish to DTC an underwriters' questionnaire
and to the City the CUSIP numbers of the Series 1996A Bonds and of the Refunding Bonds not Jess than seven
(7) days prior to the Closing Date (as hereinafter derlDed).
.PreJiminary, subject to change.
Maluti.,. Schedule
The Series 1996A Bonds will mature on September 1 of the foUowing years in the following prindpal
amounts:
SerIes 1996A Bonds
Prindpal Principal
Maturity Amount. Maturity Amount ·
1996 $ .- 2012 $ 135,000
1997 65,000 2013 155,000
1998 65,000 2014 265,000
1999 70,000 2015 285,000
2000 80,000 2016 300,000
2001 75,000 2017 310,000
2002 80,000 2018 335,000
2003 85,000 2019 350,000
2004 95,000 2020 365,000
2005 90,000 2021 390,000
2006 95,000 2022 410,000
2007 105,000 2023 430,000
2008 110,000 2024 460,000
2009 115,000 2025 1,S20,OOO
2010 120,000 2026 1,610,000
2011 125,000
The Refunding Bonds will mature on September 1 of the following years in the fonowing principal
amounts:
Series 1996B Bonds.
Maturity
Prindpal
Amount.
Maturit;y
Principal
Amount*
1996
1997
1998
1999
2000
2001
2002
2003
2004
$ 10,000
25,000
25,000
25,000
325,000
345,000
360,000
375,000
390,000
2005
2006
1JXf1
2008
2009
2010
2011
2012
2013
$415,000
435,000
455,000
475,000
500,000
530,000
555,000
590,000
. 610,000
Mandatory Redemption Provisions
If the Successful Bidder .designates any Series 1996A Bonds or any Refunding Bonds as term bonds as
described under .Desi~ation of Term Bonds, · the following mandatory redemption provisions sball apply with
respect to such designated term bonds:
2
The Series 1996[A)[BJ Bonds maturing on September 1, _ will be subject to mandatory redemption prior
to maturity, selected by lot, or in such manner as tbe Registrar may deem appropriate, at a redemption price
equal to par plus accrued interest to the redemption date, on September 1, _, and each September 1
thereafter, from amounts deposited in the Sinking Fund established by tbe Ordinance, in the following years and
amounts as follows:
:Yw
Amount
OptJonal Redemption Provisions
The Series 1996 Bonds maturing on or prior to September 1, 2(X)4 are not subject to redemption prior to
their maturity date. The Series 1996 Bonds maturing after September 1, 2004 are subject to redemption at the
option of the City prior to maturity on or after September 1, 2004, in whole at any time, or in part Crom time
to time on any interest payment date, in such manner as shall be determined by the City at the redemption prices
expressed as a percentage of the principal amount of the Series 1996 Bonds to be redeemed, as set forth below,
together with accrued interest to the date fixed for redemption.
Redemption Period
Redemption Price
September 1, 2004 through August 31, 2005
September 1, 2005 through August 31, 2006
September 1, 2006 and thereafter
102%
101
100
Adjustment or Prlndpal Amoullt
After final computation of the bids, to achieve desired debt service levels, the City reserves the right
either to increase or decrease any Principal Amount of the Series 1996A Bonds and/or the Refunding Bonds
(or any Amortization Installment in the case of a Term Bond) shown on the schedule of Principal Amounts set
forth above (the "Maturity Schedule-), by an amount not to exceed five percent (5%) of the stated amount of
each such Principal Amount on the Maturity Schedule and correspondingly adjust the issue size, aD calculations
to be rounded to the nearest $5,000.
In the event of any such adjustment in either the Series 1996A Bonds or the Refunding Bonds, no
rebidding or recalculation of the bid submitted with respect to such Series 1996A Bonds or Refunding Bonds
will be required or permitted. H necessary, the total purchase price of the Series 1996A Bonds or the Refunding
Bonds, as the case may be, will be increased or decreased in direct proportion to the ratio that the adjustment
bears to the aggregate principal amount of the Series 1996A Bonds or the Refunding Bonds specified herein;
and the Series 1996A Bonds or the Refunding Bonds, as the case may be, of each maturity, as adjusted, wiD bear
interest at the same rate and must have the same initial reoffering yields as specified in the bid of the Successful
Bidder. However, the award will be made to the bidder whose bid produces the lowest true interest cost,
calculated as specified below, solely on tbe basis of the bid for the Series 1996A Bonds or the Refunding Bonds,
as applicable, offered pursuant to the Bid Maturity Schedule of the relevant series of Series 1996 Bonds, without
taking into account any adjustment in the amount of Series 1996A Bonds or Refunding Bonds set forth in the
applicable Bid Maturity Schedule.
.Preliminary, subject to change.
3
DeslanatJoD or Term Bond,
Bidders may specify that the annual Principal Amounts of the Series 1996A Bonds coming due in any
two or more conseaJtive years may be combined to form one or more maturities of Series 1996A Term Bonds
scheduled to mature in the last of such years with the preceding annual Principal Amounts for such years
constituting mandatory Amortization Installments of Series 1996A Bonds to be selected by lot and redeemed at
a price of par plus accrued interest in accordance with the Resolution.
Bidders may specify that the annual Principal Amounts of the Refunding Bonds coming due in any two
or more consecutive years may be combined to form one 01' more maturities of Series 1996B Term Bonds
scheduled to mature in the last of such years with the preceding annual Principal Amounts for such years
constituting mandatory Amortization Installments of Refunding Bonds to be selected by lot and redeemed at a
price of pal' plus accrued interest in accordance with the Resolution.
Basis or Award
Proposals must be unconditional and only for all the Series 19%1\ Bonds and/or all of the RefllI1ding
Bonds. The purchase price bid for the Series 1996A Bonds may include a discount (including underwriters'
discount and original issue discount) not to exceed two percent (2%) of the principal amount of the Series 1996A
Bonds and shall specify how much of the discount is original issue discount. The purchase price bid for the
Refunding Bonds may include a discount (including underwriters' discount and original issue discount) not to
exceed two percent (2%) of the principal amount of the Refunding Bonds and shall specify how much of the
discount is original issue discount. The purchase price bid for each series of Series 1996 Bonds will not deduct
the insurance premium. Said deduction of premium will be made only for the purpose of calculating the true
interest cost. No more than one (1) Proposal for each series of Series 1996 Bonds from any bidder will be
considered. The City reserves the right to determine the Successful Bidder for each series of Series 1996 Bonds,
to reject any or all bids and to waive any irregularity or informality in any bid.
The Series 1996A Bonds will be awarded to the bidder (herein referred to as the .Successful Bidder-
as to the Series 1996A Bonds) offering such interest rate or rates and purchase price which wiD produce the
lowest true interest cost to the City over the life of the Series 1996A Bonds. True interest cost for the Series
1996A Bonds (expressed as an annual interest rate) will be that annual interest rate being twice that factor of
discount rate, compounded semiannually, which when applied against each semiannual debt service payment
(interest., or principal and interest, as due) for the Series 1996A Bonds will equate the sum of such discounted
semiannual payments to the bid price (inclusive of accrued interest). Such semiannual debt seIVice payments
begin on September 1, 1996. The true interest cost shall be calculated from July 16, 1996, the expected closing
date of the Series 1996 Bonds (the wOosing DateW) and shall be based upon the principal amounts of each serial
maturity set forth in this Notice of Bond Sale and the bid price set forth in the Proposal for the Series 1996A
Bonds submitted in accordance with the Notice of Bond Sale. In case of a tie, the City may select the Successful
Bidder by lot. It is requested that each Proposal for the Series 1996A Bonds be accompanied by a computation
of such true interest cost to the City under the term of the Proposal for Bonds, but such computation is not to
be considered as part of the Proposal for Bon~
The Refunding Bonds will be awarded to the bidder (herein referred to as the .Successful Bidder" as
to the Refunding Bonds) offering such interest rate or rates and purchase price which will produce the lowest
true interest cost to the City over the life of the Refunding Bonds. True interest cost for the Refunding Bonds
(expressed as an annual interest rate) will be that annual interest rate being twice that factor of discount rate,
compound~ semiannually, which when applied against each semiannual debt service payment (interest, or
principal and interest, as due) for the Refunding Bonds will equate the sum of such discounted semiannual
payments to the bid price (inclusive of accrued interest). Such semiannual debt service payments begin on
September 1, 1996. The true interest cost shall be calculated from the aosing Date, and shall be based upon
the principal amounts of each serial maturity set forth in this Notice of Bond Sale and the bid price set forth in
4
each Proposal for each series of the Refunding Bonds submitted in accordance with the Notice of Bond Sale.
In case of a tie, tbe City may select the Successful Bidder by lot. It is requested that each PropoW for the
Refunding Bonds be accompanied by a computation of such true interest cost to the City under the term of the
Proposal for Bonds, but such computation is not to be considered as part of the Proposal for Banda.
Interest Rates Permitted.
The Series 1996 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-twentieth
(1/21J) of one percent. No interest rate specified for any maturity of each series of Series 1996 Bonds may be
lower than any interest rate specified for an earlier maturity of such series. There shall not be a difference
greater than three hundred basis points (300 b.p.) between the lowest coupon and highest coupon within each
series of Series 1996 Bonds. Should an interest rate be specified which results in annual interest payments not
being equally divisible between the semiannual payments in cents the first semiannual payment will be reduced
to the next lower cent and the second semiannual payment will be raised to the next higher cent.
It shall not be necessary that all Series 1996 Bonds bear the same rate of interest, provided that all
Series 1996A Bonds maturing on the same date shall bear the same rate of interest and that all Refunding Bonds
maturing on the same date shall bear the same rate of interest. A rate of interest based upon the use of split
or supplemental interest payments or a zero rate of interest will not be considered.
Paylna Aaent and Rqistrar
The Paying Agent and Registrar for the Series 1996 Bonds is Fust Union National Bank of Florida,
Jacksonville, F1orida.
Security
Principal of and interest on the Series 1996 Bonds to be issued pursuant to Ordinance No. 5118-91, as
amended and supplemented by Ordinance No. 5665-94 and Ordinance No. 6030-96 and an required sin1cing fund,
reserve and other payments shall be payable solely from the Net Revenues of the City's Gas System, together
with the earnings thereon derived from the investment thereof in the Funds and Accounts established in the
Resolution and as more fully described in the Preliminary Official Statement. The lien of the Series 1996 Bonds
upon the Net Revenues is on a parity with the City's outstanding $7,680,000 Gas System Revenue Bonds, Series
1991 (except to the extent refunded by the Refunding Bonds), and the $8,110,000 City of Clearwater, Florida,
Gas System Revenue Bonds, Series 1994A.
The Series 1996 Bonds do not constitute a general indebtedness of the City within the meaning of any
constitutiona~ statutory or charter provision or limitation, and no Bondholder shall ever have the right to require
or compel the exercise of the ad valorem taxing power of the City or taxation of any real or personal property
therein for the payment of the principal of and interest on the Series 1996 Bonds or the making of any debt
service fund, reserve or other payments provided (or in the Resolution.
Purpose
Pursuant to the Ordinance, the Series 1996A Bonds are being issued to flOance additions, extensions,
supplements or replacements to the City's Gas System, to make a deposit to, or to purchase a surety for, the
Reserve Account for the Series 1996A Bonds, and to pay the cost of issuance of the Series 1996A Bonds, and
the Refunding Bonds are being issued to advance refund a portion of the City's outstanding $7,680,000 Gas
System Revenue Bonds, Series 1991 (the "Refunded Bonds"), to malee a deposit to, or to purchase a surety for,
the Reserve Account for the Refunding Bonds (net of amounts transferred from tbe reserve fund for the
Refunded Bonds upon the defeasance of the Refunded Bonds), and to pay the cost of issuance of the Refunding
Bonds.
5
ls8uaDCt or Series 1996 Bonds
The Series 1996 Bonds will be issued and sold by the City of Clearwater, Florida, a municipal
corporation organized and existing under the laws of the State of F1orida. Tbe Series 1996 Bonds are being
issued pursuant to Ordinance No. 5118-91 enacted August 15, 1991, Ordinance No. 5665-94, enacted September
1, 1994, and Ordinance No. 6030-96, enacted on June 6, 1996, as supplemented by resolutions (coUectively, the
-aond Ordinance") by the City of Clearwater, F10rida (the .City") and pursuant to tbe provisions of Chapter 166,
F10rida Statutes. and other applicable provisions of law.
Municipal Bond Insurance PoUt)'
A commitment to issue a municipal bond insurance policy guaranteeing payment of principal and interest
on the Series 1996 Bonds has been obtained from . The
price bid for purchase of the Series 1996 Bonds, as set forth on the Official Bid Form, will be reduced by the
amount of the bond insurance policy premium, for the purpose of calculating the true interest cost rate of the
bid. Information regarding the bond insurance commitment including the amount of the premium, may be
obtained from David Thornton of Raymond James & Associates, Inc., F'mandal Advisor to the City,
(813) 573-8282
Proposals
Proposals fOf the Series 1996A Bonds and for the Refunding Bonds are desired on forms which will be
furnished by the City, and envelopes, cont8ining Proposals (or the Series 1996A Bonds should have endorsed
thereon .Proposal for $8,695,000. City of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A; Do
Not Open Unti111:OO a.m. (Eastern Daylight Savings Tune), June 7:7, 199611, and envelopes, containing Proposals
for the Refunding Bonds should have endorsed thereon "Proposal for $6,445,000. City of Clearwater, Florida,
Gas System Revenue Refunding Bonds, Series 1996B; Do Not Open Until 11:00 a.m. (Eastern Daylight Savings
Tune), June 1:1,1996-, or words of equivalent import, and should be addressed to the City at the above address.
Each proposal for the Series 1996A Bonds must be accompanied by the sum of $86.950 and each
proposal for the Refunding Bonds must be accompanied by the sum of $64,450, in the (orm of either (i) a
Cashier's or Certified Check drawn upon an incorporated bank or trust company, payable to the City of
Oearwater, Florida, as evidence of good faith, or (ii), a rmandal Surety Bond from any insurance company
licensed to issue such a surety bond in the State of Florida and approved by the City (as of the date hereof only
Capital Guaranty Insurance Company has been so approved) and submitted to the City prior to the opening of
the bids, identifying each bidder whose deposit is guaranteed by the rmandal Surety Bond, which shaD evidence
good faitb on the part of the bidder. If a check is delivered the check of the successful bidder may be cashed
by the City and the proceeds will be held as security for performance of the bid. If a rlDancial Surety Bond is
provided by the successful bidder the good faith deposit shall be delivered by wire transfer to the City by 3:00
p.m. on the next business day. If the Successful Bidder shall fail to r.omply promptly with the terms of its
Proposal, the amount of such check or wire will be forfeited to said payee as liquidated damages. The checks
of unsuccessful bidders will be returned to such bidders by registered mail at the addresses stated in their
Proposals, or delivered to a representative of such bidder immediately after the award of the Series 1996 Bonds
to the Successful Bidder. The proceeds of the good faith check of the Successful Bidder wiD be applied to the
payment of the purchase price of the Series 1996A Bonds and of the Refunding Bonds, as applicable. Prior to
the delivery of the Series 1996 Bonds, the City may cash and invest the proceeds from the good faith check. No
interest will be paid to any bidder upon any good faith check.
.Preliminary, subject to change.
6
Delivery and Paymeat
It is anticipated that the Series 1996 Bonds in book entry only form will be available for delivery on July
16, 1996 in New York, New York, at The Depo6itory Trust Company, or some other date and place to be
mutually agreed upon by the Successful Bidder and the City avinst the payment of the purchase price therefor
including accrued interest calculated on a 360-day year basis, less the amount of the good faith check, in
imme.diately available Federal Reserve funds without cost to the City.
Closlna Documents
The City will furnish to the Successful Bidder upon delivery of the Series 1996 Bonds the following
dosing documents in a form satisfactory to Bond Counsel: (1) signature and no-litigation certificate; (2) federal
tax certificate; (3) certificate regarding information in the Official Statement; and (4) seller's receipt as to
payment. A copy of the transcript of the proceedings authorizing the Series 1996 Bonds will be delivered to the
Successful Bidder of the Series 1996 Bonds upon request. Copies of the form of such closing papers and
certificates may be obtained from the City.
Information Statement
Section 218.38(1)(b)1, Florida Statutes requires that the City file, within 120 days after delivery of the
Series 1996 Bonds, an information statement with the Division of Bond F'lDance of the State of Florida (the
-Division-) containing the following information: (a) the name and address of the managing underwriter, if any,
connected with the Series 1996 Bonds; (b) the name and address of any attorney or financial consultant who
advised the City with respect to the Series 1996 Bonds; and (c) any fee, bonus, or gratuity paid, in connection
with the bond issue, by an underwriter br financial consultant to any person not regularly employed or engaged
by such underwriter or consultant and (d) any other fee paid by the City with respect to the Series 1996 Bonds,
including any fee paid to attorneys or financial consultants. The Successful Bidder will be required to deliver
to the City at or prior to the time of delivery of the Series 1996 Bonds, a statement signed by an authorized
officer containing the same information mentioned in (a) and (e) above. The Sucussful Bidder shall also be
required, at or prior to the delivery of the Series 1996 Bonds, to furnish the City with such information
concerning the initial prices at which a substantial amount of the Series 1996 Bonds of each maturity were sold
to the public as the City shall reasonably request.
Pursuant to Section 218.385(2) and (3) of the Florida Statutes, as amended, a truth-in-bonding statement
will be required from each bidder as to the Series 1996A Bonds as part of their bid in the foDowing form:
"The City of Clearwater, Florida, is proposing to issue $8,695,000. original aggregate principal
amount of Gas System Revenue Bonds, Series 1996A, for the purpose of (i) financing capital
projects for the City's Gas System, (ii) funding a reserve account within the reserve fund or
purchasing a surety, and (ill) paying the costs of issuing the Series 1996A Bonds, all as further
described in Ordinance No. 5665-94. The final maturity date of the Series 1996A Bonds is
, and the Series 1996A Bonds are expected to be repaid over a period of
U years. At a forecasted average interest rate of _ % per annum, total interest paid over
the life of the Series 1996A Bonds will be $ . The source of
repayment or security for this proposal is the City's pledged funds, including the Net Revenues
of its Gas System (as dermed in the Ordinance) and moneys and investments held in the funds
created under the said Ordinance. Authorizing the Series 1996A Bonds will result in
$ not being available to finance the other gas services of the City.
.Preliminary, subject to change.
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This lruth-in-bonding statement prepared pursuant to Sedion 218.385(2) and (3) of the Plocida
Statut(",s, as amended, is for informational purposes only and shall not affect or control the
actual terms and conditions of the Series 1996A Bonds.-
Pursuant to Section 218.385(2) and (3) of the F10rida Statutes, as amended, a truth-in-bonding statement
will be required from each bidder as to the Refunding Bonds as part of their bid in the following form:
"The City of Clearwater. Florida, is proposing to issue $6,445.000. original aggregate principal
amount of Gas System Revenue Refunding Bonds. Series 1996B, for the purpose of (i)
refunding a portion of the outstanding principal amount of the City's Gas System Revenue
Bonds, Series 1991. (ii) funding a reserve account within the reserve fund or purchasing a
surety. and (ill) paying the costs of issuing the Series 1996B Bonds, all as further described in
Ordinance No. 6030-96. The fmal maturity date of the Series 19968 Bonds is _,
and the Series 1996B Bonds are expected to be repaid over a period of U years. At
a forecasted average interest rate of _ % per annum, total interest paid over the life of the
Series 19968 Bonds will be S . The source of repayment or
security for this proposal is the City's Pledged Funds, including the Net Revenues of its Gas
System (as defined in the Ordinance) and moneys and investments held in the funds created
under the said Ordinance. Authorizing the Series 1996B Bonds will result in
$ not being available to finance the other gas services of the City.
This truth-in-bonding statement prepared pursuant to Section 218.385(2) and (3) of the Plorida
Statutes. as amended, is for informational purposes only and shall not affect or control the
actual terms and conditions of the Series 1996B Bonds.-
In the event the Successful Bidder for the Series 1996A Bonds and the Refunding Bonds are the same person(s),
the above truth-in-bonding statement may be combined into one statement.
lepJ Opinion
The Successful Bidder will be furnished. without cost, with the approving opinion of Bry8J14 Miller and
Olive, P A, Tallahassee. Florida, to the effect that based on existing law, and assuming compliance by the City
with certain covenants and requirements of the Internal Revenue Code of 1986, as amended (the MCode),
regarding use, expenditures. investment of proceeds and the timely payment of certain investment earnings to
the United States Treasury, the interest on the Series 1996 Bonds is not includable in the gross income of
individuals, however, interest on the Series 1996 Bonds will be included in the calculation of the alternative
minimum tax and environmental tax liabilities of corporations. The Code contains other provisions that could
result in tax consequences, upon which Bond Counsel renders no opinion, as a result of ownership of the Series
1996 Bonds or the inclusion in certain computations (including, without limitation, those related to the corporate
alternative minimum tax and environmental tax) of interest that is excluded from gross income.
OftIdaI Statement
The Preliminary Official Statement, copies of which may be obtained as described below, is in a form
-deemed final" by the City for purposes of SEC Rule 15c2-12(b)(1) (except for certain permitted omissioDS as
described in such rule) but is subject to revision, amendment and completion in a final Official Statement. Upon
the sale of the Series 1996 Bonds, tbe City will publish a final Official Statement in substantially the same form
as the Preliminary Official Statement. Copies of the final Official Statement will be provided. at the City's
expense. on a timely basis in such quantities as may be necessary for the Successful Bidder's regulatory
compliance.
8
It is not the intention or the expectation of the City to print the name(s) of the Successful Bidder as to
either the Series 1996A Bonds or the Refunding Bonds on the cover of the Official Statement.
ConUnulq tlJsl2Sn~
The City has covenanted to provide ongoing disclosure in accordance with Rule 15c2-12 of the Seauities
and Exchange Commission. See .Appendix D -- Summary of Continuing Disclosure Certificate. attached to the
Preliminary Official Statement.
CUSIP NUID~r
It is anticipated that CUSIP identification numbers will be printed on the Series 1996 Bonds, but neither
the failure to print such number on any Series 1996 Bonds nor any error with respect thereto shall constitute
cause for failure or refusal by the Successful Bidder to accept delivery of and pay for the Series 1996 Bonds in
accordance with its agreement to purchase the Series 1996 Bonds. All expenses in relation to the printing of
CUSIP numbers on the Series 1996 Bonds shall be paid for by the City; provided, however. that the CUSIP
Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by
the Successful Bidder.
Copies or Documents
Copies of the Preliminary Official Statement, this Official Notice of Bond Sale and the Official Bid Form
and further information which may be desired, may be obtained from the City's Financial Advisor. Raymond
James & Associates, Inc.. 880 Carillon Parkway. St. Petersburg. Florida 33716, telephone (813) 573-8282.
Amendment aDd Notices
Amendments hereto and notices. if any, pertaining to this offering shall be made by the Munifacts News
Service or similar information distnoution service.
CITY OF CLEARWATER, FLORIDA
/s/ Rita J. Garvey
Mayor-Commi~ioner
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EXHIBIT B
FORM OF SUMMARY NOTICE OF SALE
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Resolution No. 96-44
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StJlDlARy NOTICE or SALB
$8,695,000*
CITY OF CLBARWATBR, :rLORIDA
GaB systea Revenue Bonds
seri.. 1996A
and
$6,445,000*
CITY OF CLBnWATBR, FLORIDA
Gas system Revenue Rerundinq Bonds
series 19968
Sealed bids will be received by the Finance Director of the
city of Clearwater, Florida, at the office of the Finance Director,
100 South Myrtle Avenue, Clearwater, Florida 34616, subject to the
provisions of the Official Notice of Bond Sale.
Sale Date:
June 27, 1996
Time:
11:00 a.m., E.D.S.T.
Bonds Dated:
July 1, 1996
Payable September 1 in the years and amounts
as follows:
Maturities:
series 1996A Bonds
Due Principal Due Principal
(September 1) Amount * (September 1) Amount *
1996 $ 2012 $ 135,000
1997 65,000 2013 155,000
1998 65,000 2014 265,000
1999 70,000 2015 285,000
2000 80,000 2016 300,000
2001 75,000 2017 310,000
2002 80,000 2018 335,000
2003 85,000 2019 350,000
2004 95,000 2020 365,000
2005 90,000 2021 390,000
2006 95,000 2022 410,000
2007 105,000 2023 430,000
2008 110,000 2024 460,000
2009 115,000 2025 1,520,000
2010 120,000 2026 1,610,000
2011 125,000
*preliminary, subject to change.
series 1996B Bond.
Due Principal Due Principal
(Septemper 1) Amount. (September 1) Amount.
1996 $ 10,000 2005 $415,000
1997 25,000 2006 435,000
1998 25,000 2007 455,000
1999 25,000 2008 475,000
2000 325,000 2009 500,000
2001 345,000 2010 530,000
2002 360,000 2011 555,000
2003 375,000 2012 590,000
2004 390,000 2013 610,000
Interest
Payment Oates: Payable September 1 and March 1, commencing
September 1, 1996.
Legal Opinion: Bryant, Miller and Olive, P.A.,
Tallahassee, Florida
For copies of the Official Notice of Bond Sale, the
Preliminary Official Statement of the City of Clearwater, Florida,
and official Proposal Form, please contact the Financial Advisor,
Raymond James & Associates, Inc., 880 Carillon Parkway, st.
Petersburq, Florida 33716, telephone (813) 573-8282.
EXHIBIT C
FORM OF BID PROPOSAL FOR SERIES 1996A BONDS
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Resolution No. 96-44
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PROPOSAL FOR
SS,69S,OOO ·
CITY OF CLEARWATER, FWRJDA
GAS SYSTEM REVENUE BONDS, SERIES 1996A
FInance Director
Municipal Services Building
100 South Myrtle Avenue, Third Aoor
Clearwater, Florida 34616
Ladies and Gentlemen:
For the City of Clearwater, Florida, Gas System Revenue Bonds, Series 1996A (the -Series 1996A
Bonds-), dated July 1, 1996 and maturing on September ~ _ through September 1, _, in the principal
amount of $8,695,000., described in the Official Notice of Bond Sale, which is hereby made a part of this
Proposal, we will pay you in immediately available federal reserve funds
(not less than $
Doll~ )
-), plus accrued interest to the date of delivery of the Series 1996A Bonds.
We understand that the Series 1996A Bonds will be insured by
. The insurance premium will be paid by the City from proceeds of the Series 1996A
Bonds.
Said Series 1996A Bonds shall bear interest at the rates and shall be reoffered at prices or yields
specified below.
Principal Interest Price Principal Interest Price
Maturity Amount. Rate or Yield Marurity Amount- Rate or Yield
1996 $ - 2012 $ 135,000
1997 65,000 2013 155,000
1998 65,000 2014 265,000
1999 70,000 2015 285,000
2000 80,000 2016 300,000
2001 75,000 2017 310,000
2002 80,000 2018 335,000
2003 85,000 2019 350,000
2004 95,000 2020 365,000
2005 90,000 2021 390,000
2006 95,000 2022 410,000
1iX17 105,000 2023 430,000
2008 110,000 2024 460,000
2009 115,000 2025 1,520,000
2010 120,000 2026 1,610,000
2011 125,000
Tenn Bonds Option. The interest rate or reoffering price or yield for any Term Bonds shall be
indicated in the table above only in the year of final maturity. The annual Principal Amounts so indicated shall
be applied for the mandatory retirement of one or more Term Bonds maturing in the years and amounts and
bearing interest as follows:
· Prclimina~ subject to chanie as stated in Official Noti~ of Sale.
s
s
s
s
s
Term Bonds maturing on
Term Bonds maturing on
Term Bonds maturing on
Term Bonds maturing on
Term Bonds maturing on
1, _ at
1,_at
1,_at
l,_at
1,_8t
% per annum at a price or yield of _'
% per annum at a price or yield of _'
% per annum at a price or }'ield of .
% per annum at a price or yield of-.
% per annum at a price or yield of =.
We will accept delivery of said Series 1996A Bonds through The Depository Trust Company, with the
closing occurring at the office of the rmance Director of the City of Clearwater, 100 South Myrtle Avenue,
Clearwater, f10rida 34616 on or about July 16,1996, unless another date or place sball be mutually agreed upon,
it being understood that tbe City sball furnish to us, free of charge at the time of delivery of said Series 1996A
Bonds, the opinion of Bryant, Miller and Olive, P A., Bond Counse~ Tallahassee, Aorida, approving the validity
tbereof.
In accordance with the Official Notice of Bond Sale, we either (i) enclose herewith a Cashier's or
Certified Check for $86,950 payable to the order of the City of Clearwater, Aorida, to be returned to the
undersigned upon the award of said Series 1996A Bonds provided this Proposal is not accepted, or (ii> provided
for a rmancial Surety Bond in accordance with the Official Notice of Sale. The check is to be cashed and the
amount of the check or wire retained by the City until the delivery of said Series 1996A Bonds and payment
therefor, and is to be applied to the payment of the Series 1996A Bonds or retained as and for liquidated
damages in case of the failure of the undersigned to make payment as agreed.
This proposal is not subject to any conditions not expressly stated herein or in the annexed Official
Notice of Bond Sale. Receipt of the Preliminary Official Statement relating to the Series 1996A Bonds is hereby
acknowledged. The names of the underwriters or members of the account or joint bidding accounts, if any, who
are associated for the purpose of this Proposal are listed either below or on a separate sheet attached hereto.
Name of Firm
Address
By:
Name:
Title:
City
State
Zip
Telephone Number
The following is our computation made in accordance with the Official Notice of Bond Sale of the true
interest cost to the City of Clearwater, Florida, under terms of our Proposal for Series 1996A Bonds, which is
for informational purposes only and is subject to verification prior to award:
2
Par Amount $
Less Original Issue Discount $
Plus Original Issue Premium $
Less Underwriter's Discount $
Amount Bid Before Accrued Interest · $
Less Bond Insurance Premium $
Bid $
Accrued Interest $
True Interest Cost Rate (To July 16, 1996) %
The following trulh-in-bonding statement is required to be completed in compliance with Section
218.385, Florida Statutes:
The City of Clearwater, Florida is proposing to issue $8,695,000.. original aggregate principal amount
of Gas System Revenue Bonds, Series 1996A for the purpose of (i) financing capital projects for the City's Gas
System, <ii> funding a reserve subaccount within the reserve fund or purchasing a surety bond, and (ill) paying
the costs of issuing the Series 1996A Bonds, all as further described in Ordinance No. 5665-94. The final
maturity date of the Series 1996A Bonds is 1, 20--, and the Series 1996A Bonds are expected to be
repaid over a period of U years. At a forecasted average interest rate of _ % per annum, total
interest paid over the life of the Series 1996A Bonds will be $ . The source of
repayment or security for this proposal is the City's pledged funds, including the Net Revenues of its Gas System
(as defined in the Ordinance) and moneys and investments held in the funds created under said Ordinances.
Authorizing the Series 1996A Bonds wiD result in $ not being available to finance the
other gas services of the City. This truth-in-bonding statement prepared pursuant to Section 218.385(2) and (3)
of the Florida Statute~ as amended, is for informational purposes only and shall not affect or control the actual
terms and conditions of the Series 1996A Bonds.
(No addition or alteration is to be made to this Official Bid Form, and it must be submitted with the
Official Notice of Bond Sale.)
Receipt for the return of the good faith check is hereby acknowledged.
By:
· Amount bid should match price bid on page 1 of this proposal
"PrelimiDaJy. suQjecl to ChlUlie.
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EXHIBIT D
FORM OF BID PROPOSAL FOR REFUNDING BONDS
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Resolution No. 96-44
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PROPOSAL FOR
$6,445,000*
CllY OF CLEARWATER, FWRJDA
GAS SYSTEM REVENUE REFUNDING BONDS, SERIES 19968
F'mance Director
Municipal Services Building
100 South Myrtle Avenue, Third Aoor
Oearwater, Florida 34616
Ladies and Gentlemen:
For the City of Clearwater, Aorida, Gas System Revenue Refunding Bonds, Series 1996B (the "Series
19968 Bonds-), dated July 1, 1996 and maturing on September 1, _ through September 1, ---J in the
principal amount of $6.445,000., described in the Official Notice of Bond Sale, which is hereby made a part of
this Proposal, we will pay you in immediately available federal reserve funds
($
1996B Bonds.
) (not less than S
Dollars
.), plus accrued interest to the date of delivery of the Series
We understand that the Series 19968 Bonds will be insured by
. The insurance premium will be paid by the City from proceeds of the Series 1996A
Bonds.
Said Series 19968 Bonds shall bear interest at the rates and shall be reoffered at prices or yields
specified below.
Principal Interest Price Principal Interest Price
Maturi~ Amount- Rate or Yield Maturity Amount · Rate or Yield
1996 $ 10,000 2005 $415,000
1997 25,000 2006 435,000
1998 25,000 7JXJ7 455,000
1999 25,000 2008 475,000
2(XK) 325,000 2009 500,000
2001 345,000 2010 530,000
2002 360,000 2011 555,000
2003 375,000 2012 590,000
2004 390,000 2013 610,000
Term Bonds Option. The interest rate or reoffering price or yield for any Term Bonds shall be
indicated in the table above only in the year of final maturity. The annual Principal Amounts so indicated shall
be applied for the mandatory retirement of one or more Term Bonds maturing in the years and amounts and
bearing interest as foUows:
$
$
$
$
$
Term Bonds maturing on
Term Bonds maturing on
Term Bonds maturing on
Term Bonds maturing on
Term Bonds maturing on
1, _ at % per annum at a price or yield of _'
1, _ at % per annum at a price or yield of _'
1, _ at % per annum at a price or yield of _'
1, _ at __ % per annum at a price or yield of _'
1, _ at % per annum at a price or yield of _'
· Preliminary. subject to chan~e as stated in Official Notice of Sale.
We will accept delivery of said Series 1996B Bonds through The Depository Trust Company, with the
closing occurring at the office of tbe rlllance Director of the City of Clearwater, 112 South Osceola Avenue,
Clearwater, P10rida 34616 on or about July 16, 1996, unless another date or place shall be mutually agreed upon,
it being understood that the City shall furnish to us, free of charge at the time of delivery of said Series 1996B
Bonds, the opinion of Bryant, Miller and Olive, P A., Bond Counse~ Tallahassee, Ftorida, approving the validity
thereof.
In accordance with the Official Notice of Bond Sale, we enclose herewith either (i) a Cashier's or
Certified Checlc for $64,450 payable to the order of the City of Clearwater, Aorida, to be returned to the
undersigned upon the award of said Series 1996B Bonds provided this Proposal is not accepted, or (ii) provided
for a rmancial Surety Bond in accordance with the Official Notice of Sale. The check is to be cashed and the
amount of the check or wire retained by the City until the delivery of said Series 1996B Bonds and payment
therefor, and is to be applied to the payment of the Series 1996B Bonds or retained as and for liquidated
damages in case of the failure of the undersigned to make payment as agreed.
This proposal is not subject. to any conditions not expressly stated herein or in tbe annexed Official
Notice of Bond Sale. Receipt of the Pre1iminaI)' Official Statement relating to these Series 1996B Bonds is
hereby acknowledged. Tbe names of the underwriters or members of the account or joint bidding accounts, if
any, who are associated for the purpose of this Proposal are listed either below or on a separate sheet attached
hereto.
Name of rum
Address
By:
Name:
Title:
City
State
Zip
Telephone Number
The following is our computation made in accordance with the Official Notice of Bond Sale of the true
interest cost to the City of Clearwater, Florida, under terms of our Proposal for Series 1996B Bonds, which is
for informational purposes only and is subject to verification prior to award:
2
Par Amount S
Less Original Issue Discount S
Plus Original Issue Premium S
Less Underwriter's Discount $
Amount Bid Before Accrued Interest · $
Less Bond Insurance Premium S
Bid S
Accrued Interest S
True Interest Cost Rate (To July 16, 19(6) %
The following truth-in-bonding statement is required to be completed in compliance with Section
218.385, f10rida Statutes:
The City of Clearwater, Aorida is proposing to issue $ .. original aggregate principal
amount of Gas System Revenue Refunding Bonds, Series 1996B for the purpose of (i) refunding a portion of
the outstanding principal amount of the City's Gas System Revenue Bonds, Series 1991, (ii) funding a reserve
subaccount in the reserve fund or purchase a surety bond (net of amount transferred from refunded bonds), and
(ill) paying the costs of issuing the Series 1996B Bonds, all as further described in Ordinance No. _-96. The
final maturity date of the Series 1996B Bonds is 1, 20_, and the Series 1996B Bonds are expected
to be repaid over a period of U years. At a forecasted average interest rate of _ % per annum,
total interest paid over the life of the Series 1996B Bonds will be $ . The source
of repayment or security for this proposal is the City's pledged funds, including the Net Revenues of its Gas
System (as defined in the Ordinance) and moneys and investments held in the funds created under the
Ordinance. Authorizing the Series 1996B Bonds will result in $ not being available
to finance the other gas services of the City. This truth-in-bonding statement prepared pursuant to Section
218.385(2) and (3) of the Ftorida Statutes, as amended, is for informational purposes only and shall not affect
or control the actual terms and conditions of the Series 1996B Bonds.
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(No addition or alteration is to be made to this Official Bid Form, and it must be submitted with the
Official Notice of Bond Sale.)
Receipt for the return of the good faith check is hereby acknowledged.
By:
· Amount bid should match price bid on page 1 of this proposal
· .Preliminary. subject to change.
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EXHIBIT E
FORM OF DTC LETTER OF REPRESENTATION
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Resolution No. 96-44
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Blanket Issuer Letter of Representations
IT 0 be Completed by Issuer)
[Name ofIssuer)
[Date)
Attention: Underwriting Department - Eligibility
The Depository Trost Company
55 Water Street; 50th Floor
New York, NY 10041-0099
Ladies and Gentlemen:
This letter sets forth our understanding with respect to all issues (the "Securities") that Issuer
shall request be made eligible for deposit.by The Depository Trust Company ("DTC").
To induce DTC to accept the Securities as eligible for deposit at DTC. and to act in accordance
with DTCs Rules with respect to the Securities, Issuer represents to DTC that Issuer will comply
with the requirements stated. in DTC's Operational Arrangements. as they may be amended from
time to time.
Note:
Schedule A contains statements that DTC believes
accurately describe DTC, the method of effecting book.
entIv transfers of securities distributed through ore. and
ce..wn related matters.
Very truly yours,
(Issuer)
By:
(Authorized Officer's Signature)
Received and Accepted:
O'ypewrite Name & litle)
THE DEPOSITORY TRUST COMPANY
(Street Address)
By:
(Oty)
(Sblte)
(Zip)
(Pbone Number)
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EXHIBIT F
PRELIMINARY OFFICIAL STATEMENT
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Resolution No. 96-44
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NEW ISSUE
BOOK-ENTRY 01'\'L Y
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RDtin~~: Moody's:
Standard & Poor's:
[lnsurerJ Insured
(See -Ratings- beniD)
In 1M opiniOft oj Bond CoUlUtl U1'Itkr exlsdng laws. ~gulalion.s and judicial decisions inurest 011 1M Series /996 Bonds is exclwkdfrom gross income Jor purposes
ofjtderrJl incm1e laXazim and the Stria 1996 Bonds are c:urnplJrom all priStnt intMglblt penoruJI propeny UlXtS imposed punuanl JO OuJpur 199. Florida Slatu/es.
See, hmwwr -Teu Eumprion - herdnJor a description of ctrt4infedtral minimum and othu special taxes thaJ may afftCI the laX malmenl oJinurest on the Series
1996 Bonds.
CITY OF CLEARWATER, FLORIDA
$8,500,000*
Gas System Revenue Refunding Bonds
Series 1996B
Due: September 1, as shown below
$9,750,000*
Gas System Revenue Bonds
Series 1996A
Dated: July 1, 1996
The city ofo.:.w.&cr. Florida. au Syatt:m Rcvczwc Booda, Sene. 199M (the 'Scries 199M Booda') aDd 0.. Syac:m RcvCG~ Ref\lJldm, Booda, Series 1996B (the 'Sene.
19968 Boacbj (the 199M BoodI aDd 1996B BoodI arc berciDaJ\errderTCd to colJectjvely u the 'Series 1996 Booda.) arc bem, iuucd ill the form of fully recUlc:red bood. and will be
ilUtaUy iIIued 10 aDd rqWtercd in 1be DaIDoC of Cede de Co,. .. ~,C". for The Depository Truat Compmy, NeN York. New York ('Dre.). which will r.ct u aecwitial d~itory for
!be Scrica 1996 Booda. 'The Scrica 1996 Booda will be available to purcbucra in principal dcnominationa of S5.000 aDd iAlqnJ multiplet thereof UDder the book-entry lI)'ltc:m maintained
by DTC b-ou,b broken &Dd dcaJera who are, or kt throuah, Dle Puticipanb, Purchuen will not receive pby.icaJ delivery of the Sene. 1996 Bouh. For 10 Ion, u any purchuer .
!be bcDcfic:iIl 0IIIllCf of. Sc:ric:a 1996 Bocd, be mu.t maintain aD account with a broker or dealer who U, or acta tbrouab, a DTC Participant in order \0 receive ~ymcnt of principIJ of &Dd
~ ClIS IUCh Sctic:e 1996 Bood. For 10 Ioai u the book-entry .yltc:ul . ill effect any refen:uce to . Boodholder or Boodholden ahall be dccmcd to be Cede de Co, and DOt the beneficial
0WDf:n oUreScria 1996 Bouh. See .Book-Eotry Only Syltem. UDdet' .DESCRImON OF TIlE SERIES 1996 BONDS,. Intereal OIl the Serict 1996 Bood.a U payable acmi-annua1ly,
c.-._.~m, Scpumbcr 1. 1996, aDd each March 1 aod Scptcnbcr 1 thereafter. Firat Union N.tional Bank of Florida, Jackaooville. Florida. will kt u Payin, A,ent with rrapc:ct to the
Scrica 1996 Booda.
11ae Scrim 1"' Rood. are IUbject to optional Uld mancl.lory IIinking fund ndemptloll prior to their .,bd maturity WIder the tenD.I aDd couditloll.l deecribed herein.
The Scric:a 1996A Boodt will be iuucd by the City of Clearwater, Florida (the .City.) to (i) fll1llllCe the coetI of certain additiooa, elttc:na-iooa. .upplemcob or replaccmCOb of
!be eDtioc..1Y*m 0WDCd and operated by the City (the .Syatcm-) ....ithin PineUu and Puco County, Florid. (the -19%A Project.); (iO make a d~it to, or purcbuc a rcacrve fuDd
-ar for. depoait ill Ibc Rt.erve Account for the 1996A Booda in the Sinkin, Fund to ..tiafy the Rc.erve Requiremalt; aDd (iii) pey the COlIta of D.uaocc of the Seriea 1996A Bood.. The
SeriClIl9968 Bood.t will be iHued by lbe City of Clcarwater, Florida (the 'City.) to (i) advance refund a portion of the City'. outatandm, $7,680.000 Gu Syatc:m Rcvcoue Bonda. Serial
1991 (tbe 'Rcluodcd Boodt'); (ii) make a dep<>>it to, or purcbuc a reaerve fund aurety for, depoeil in the RelICI'Ve Account for the Seriea 1996B Booda in lhe Sinking Fund to aati.fy the
be1uc:e of the Reeerve Requirement for the 19968 Bonda net of the amount lraMferTCd from lhe Refunded BoodJ; aDd (iii) pay the coeta of laauancc of lhe Serial 19968 Bonds.
The Scric:a 1996 Boada are tmiItd oblipIiooe oftbe City, r-yable IOleJy from the Net RcvCllua derived from the opc~tioa of the Sy.tc:m, .. provided in Ordinance No. 5565-94
of Ibc City aod ill OnIiDance No. 5118-91 of the City (the .Oriainal Onlinance.), u amended IIIld lupplemen1cd by Ordinance No. 6030.96 .. aupp1cmented by reaolutioDl of the City.
1K Scrica 1996 Bocda aod the ioIcnIIl1bcftal aid DOt be.oo abaI1 DOt cooatil11tc: an indebtcdneu of the City or of the State of Florida or any politicaJ IUbdiviaion thereof within the mcaoin&
01 my OlmcitlaOoo.l.lIIlIIu&ory. cbar1er or ocbet &nDboa ofixlebtedneu, and ndlher the full faith aDd credit nor the taxin& powen of the State of Florid. or the City are pledged u ac:curity
for Ibc py1DCIIl of lbc ~ of. I'Cldcmpioo premium, if' any. or intc::reat 00 the Series 1996 Bond. aDd DO bolder or bolden of any Serial 1996 Bond. .hall ever have the right to compel
Ibc exercilc of the ad valorem taxin& powers of the City, or taxation in any form of aD)' real propeJ1)' therein to JllIY the Sene. 1996 Bond.l or 1be intereat thereon.
lheSerica 1996 Boada will be OD a parity and rank equally, .. 10 lien 00 and lOWCe and ICCUril)' for JllIyma1t from the Nd Revenues and in all other reapecU. with lhe City'.
0.. System Revc:aue Boodt. Serial 1991 wb.kb arc DOt refunded wilh lhe proceed. of the 1996B Bonda and wilb the City'. G.. Sy.tcm Revenue Bondi, Serial 1994A.
Paymeot or tbe priDcipal or aDd interest on the Series 1996 Booda will be guaranteed under a poliey or lDunicipal boDd iluuruce to be iMued simultaneously with tbe
cWiYery ortbe Series 1996 Bonda bYI
[lnaurer Log oJ
For a cIi8eua.ioD or tbe terma aDd prori.aiooa or.uc:.h poUey, incJudina tbe limitaLioll.l, _ w~fUN]CIPAL BOND INStJRANCEw herein.
1biI 0C1Ya pace CIOI:IIaD oertaio information for quick refel't:Dce only. It it not a aummary of lhe iuue. lnveaton mUlt read the entire OfrlCial Statc:mcot to obtain information
~ to matm. ID informed invcatmCDt ded.ioo,
MATURITIES. MIOUNTS.INTEREST RATE5. PRICES. AND V1F1 n
Maturity
PriDdpal
AIIwIIIl
:llilll
bterelll
Rate
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Sc:aJcd baa fOC' the Series 1996 Booda wiI1 be received at 100 South Myrtle Avenue, Clearw.ter, Florida. until 11:00 A,M, (C\earwalc:r, Florida tUne) on June 27, 1996. Please
mer to tbe Official Notice of Sale dated JUDe ( ). 1996 whicb outlines the tenu and conditiODl for the .ubmiaaioa of ofTen to pur:bue the Sene. 1996 Bond.,
The Seriea 1996 Bonda will be alTered when, .. and if i.sued and delivered to the UndcrwritcrI, .ubject to approval of Bryant, Miller and Olivc, P.A.,
Ta1lahuIcc, FloridI, Bond Counsel to the City. and certain other conditions. Certain legal matters will be pused on for the City by its City Attorney, Pamela K, Akin,
&quire and p di.clolurc C<lW\scl, Nabors, Giblin & Nickerson, P.A., Tampa, Florida. It is expccted that the Serics 1996 Bonds in definilive fonn will be available
for delive!)' in New York, New York, on or about July 16, 1996.
Dated: June, 1996
· Preliminary , subject to change,
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CITY COMMISSION
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CITY OF CLEARWATER, FLORIDA
112 South Osceola Avenue
Clearwater, Florida 34616
Rita Garvey, Mayor-Commissioner
John B. Johnson, Jr. Commissioner
Ed Hooper, Commissioner
Robert Clark, Commissioner
Karen Seel, Commissioner
CITY OFFICIAI..S
Elizabeth Deptula, City Manager
Margaret Simmons, CPA, Finance Director
Cynthia E. Goudeau, City Clerk
Charles S. Warrington, Jr., Managing Director &
Executive Officer, Clearwater Gas System
CITY ATTORNEY
Pamela K. Akin, Esquire
BOND COUNSEL
Bryant, Miller and Olive, P.A.
Tallahassee, Florida
DISCLOSURE COUNSEL TO THE CITY
Nabors, Giblin & Nickerson, P.A.
Tampa, Florida
FINANCIAL ADVISOR
Raymond James & Associates, Inc.
St. Petersburg, Florida
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No dealer, broker, salesperson or other person has been authorized by the City to give any
infonnation or to make any representations other than as contained herein, and, if given or made,
such infonnation or representations must not be relied upon as having been authorized by any of
the foregoing. This Official Statement is not to be construed as a contract with the purchasers of
the Series 1996 Bonds. This Official Statement does not constitute an offer to sell or the
solicitation of an offer to buy, nor shall there be any sale of the Series 1996 Bonds by any person
to make such offer, solicitation or sale. The information set forth herein has been obtained from
the City, [Insurer], public documents, records and other sources which are believed to be reliable
but is not guaranteed as to accuracy or completeness by, and is not to be construed as a
representation of the City with respect to information provided by [Insurer]. The information and
expressions of opinion stated herein are subject to change without notice, and neither the delivery
of this Official Statement nor any sale made hereunder shall create, under any circumstances, any
implication that there has been no change in the affairs of the City since the date hereof or the
earliest date as of which such information is given.
II
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY
OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE
MARKET PRICE OF THE SERIES 1996 BONDS AT LEVELS ABOVE THAT WHICH
MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF
COMMENCED, MAYBE DISCONTINUED AT ANY TIME.
All summaries herein of documents and agreements are qualified in their entirety by
reference to such documents and agreements, and all summaries herein of the Series 1996 Bonds
are qualified in their entirety by reference to the form thereof included in the aforesaid documents
and agreements.
NO REGISTRATION STATEMENT RELATING TO THE SERIES 1996 BONDS HAS
BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE
"COMMISSION") OR WITI1 ANY STATE SECURITIES COMMISSION. THE SERIES 1996
BONDS HA VB NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR
ANY STATE SECURITIES COMMISSION, NOR HAS THE COMMISSION OR ANY STATE
SECURITIES COMMlSSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS
OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A
CRIMINAL OFFENSE.
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TABLE OF CONIENIS.
INTRODUCTION
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PURPOSES OF SERIES 1996 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SERIES 1996A PROJECT
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PLAN OF REFUNDING FROM SERIES 1996B BONDS . . . . . . . . . . . . . . . . . . . . . . 3
ESTIMATED SOURCES AND USES OF FUNDS .......................... 3
DESCRIPTION OF THE SERIES 1996 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
General ...........
Book-En!ry Only System
Redemption ProvisIons . . . . . .
Notice of Redemption
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SOURCE OF PA YMENT A~'l) SECURITY
FOR THE SERIES 1996 BONDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
General ..........
Reserve Account .
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9
FLOW OF FUNDS
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Establishment of Funds and Accounts
Priority of Flow of Funds . . . . . . . .
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10
COVENANTS . . . . .
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12
Rate Covenant ..........
Additional Parity Obligations . . . . . . ..... . . . . , .....
Operation and Maintenance . . . . . .
"Operating Budget ....... . . . . . . . .
Annual Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No Mortgage or Sale of the System . . . . . . . . . . . . . . . . . . . .
No Free Service . . . . . . . . . . . . . . . . .
Enforcement of Collections . . . . . . . .
No com~ting System .. . . . . . . . . . . . . . .....
Unlawfu Connection Prohibited . . . . .
Amendment of the Ordinance . . . . . . . . .....
12
12
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14
15
15
15
15
THE SYSTEM
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16
Physical Description
Management .....
Gas Supply ... . . .
Rates, Fees and Charges
Service Area .. . . . . .
Clearwater Gas Strategic Plan
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Future Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Pasco County Territorial Dispute ................................ 22
Environmental Remediation Costs; Environmental Imposition Rate Adjustment . . . 22
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MUNICIPAL BOND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
THE CITY AND PINELLAS COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
COMBINED DEBT SERVICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 24
mSTORICAL COVERAGE OF MAXIMUM DEBT SERVICE BY THE
SYSTEM ~T 'REVENU'ES ...... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 25
RA TIN'GS ................................................... 25
LEGALITY ............. '. . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . 25
TAX EXE.M~ON .................................................... 2S
UNDERWRITING .. . . .. .. . .. . .. . . . . .. . . . . . . . . . . . . .. .. .. .. . . . .. . . . . . .. .. . . . .. . 27
INVESTMENT POLICY OF THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
V ALIDA nON ............................................................. 28
ENFORCEABILITY OF REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . ; . 28
LmGA nON .. .. . . .. .. .. .. .. .. . .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
GENERAL PURPOSE FINANCIAL STATEMENTS. . . . . . . . . . . . . . . . . . . . . . . . 29
FIN'ANCIAL ADVISOR .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
ADVISORS AND CONSULTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
AUTHORIZATION OF AND CERTIFICATION
CONCERNING OFFICIAL STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 30
iii
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APPENDIX A --
APPENDIX B --
APPENDIX C -
APPENDIX D --
APPENDIX E --
APPENDIX F --
APPENDIX G --
GENERAL INFORMATION RELATING TO THE CITY OF
CLEARWATER, FLORIDA
EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA
GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER
INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30,
1995
SUMMARY OF CERTAIN PROVISIONS OF TH'E ORDINANCE
FORM OF CONTINUING DISCLOSURE CERTIFICATE
FORM OF BOND COUNSEL OPINION
SPECIMEN BOND INSURANCE POLICY
SCHEDULES OF RATES
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$9,750,000*
Gas System Revenue Bonds
Series 1996A
$8,500,000*
Gas System Revenue Refunding Bonds
Series 1996B
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OFFICIAL STATEMENT
INTRODUCTION
The purpose of this Official Statement, which includes its cover page and certain enclosed
Appendices, is to furnish information with respect to the issuance by the City of Clearwater,
Florida (the "City") of its $9,750,0()(r Gas System Revenue Bonds, Series 1996A (the "Series
1996A Bonds") and its $8,500,000* Gas System Revenue Refunding Bonds, Series 1996B (the
"Series 1996B Bonds") (the Series 1996A Bonds and Series 1996B Bonds are hereinafter referred
to collectively as the "Series 1996 Bonds").
The Series 1996 Bonds are being issued under the authority of and in full compliance with
the Constitution and laws of the State of Florida, including Chapter 166, Part II, Flonda Statutes,
as amended and supplemented, the Cit)' Charter, as amended and supplemented, and other
applicable provisions of law. The Series 1996 Bonds are being issued more specifically pursuant
to Ordinance No. 5118-91 enacted by the City Commission of the City (the "Commission") on
August 15, 1991 (the "Original Ordinance"), which authorized the issuance of Gas System
Revenue Bonds, Series 1991 (the "Series 1991 Bonds"), as supplemented by Ordinance No. 5565-
94 (the "1994 Ordinance"), which authorized the issuance of Gas System Revenue Bonds Series
1994A (the "Series 1994A Bonds") and the Series 1996A Bonds, and Ordinance No. 6030-96,
authorizin~ the issuance of the Series 1996B Bonds duly enacted by the Commission on June 6,
1996 (the Series 1996B Ordinance") and as further sUJ.>plemented by a resolution adopted on June
6, 1996 (the "Authorizing Resolution") (the Origmal Ordinance, the 1994 Ordinance, the
Authorizing Resolution, and the Series 1996B Ordinance are collectively referred to as the
"Ordinance").
The Series 1996 Bonds are special, limited obligations of the City payable solely from the
Net Revenues derived from the operation of the System, as provided in the Ordinance on a parity
with the Series 1991 Bonds, of which $7,530,000 remains outstanding as of June 1, 1996 to the
extent not refunded with the proceeds of the Series 1996B Bonds and the Series 1994A Bonds, of
which $8,110,000 remains outstanding as of June 1, 1996 (such unrefunded portion of the Series
1991 Bonds and such Series 1994A Bonds hereinafter being referred to as the "Parity Bonds"),
all as further described under the heading" Additional Parity Obligations" herein.
Capitalized 'terms not otherwise defined in this Official Statement shall have the same
meanings assigned to such tenns in the Summary of the Ordinance, which is set forth in Appendix
"C". The description of the Series 1996 Bonds, the Ordinance, and certain statutory provisions
as well as the infonnation from various reports and statements contained in this Official Statement
are not comprehensive or definitive. All references to such documents, reports and statements are
qualified by the actual content of such documents, reports and statements, copies of which may
be obtained by contactin~ the Finance Director, City of Clearwater, Florida, 100 South Myrtle
Avenue, Clearwater, Flonda 34616, or during the offering period of the Series 1996 Bonds from
Raymond James & Associates, Inc., financial advisor to the City.
+ Preliminary, subject to change
PURPOSES OF SERIES 1996 BONDS
The Series 1996A Bonds are being issued by the Ci~ to (i) finance the costs of certain
additions, extensions, supplements or replacements of the existing gas system owned and o~rated
by the City (the "System") within Pinellas County, Florida and Pasco County, Flonda (the
"1996A Project"); (ii) make a deposit to, or purchase a reserve fund surety policy for deposit in,
the Reserve Account in the Sinking Fund to satisfy the Reserve Requirement for the Series 1996A
Bonds; and (iii) pay the costs of issuance of the Series 1996A Bonds. The Series 1996B Bonds
will be issued by the City to (i) advance refund a portion of the City's outstanding $7,680,000 Gas
System Revenue Bonds, Series 1991 (the "Refunded Bonds"); (ii) make a deposit to, or purchase
a reserve fund surety for deposit in, the Reserve Account in the Sinking Fund to satisfy the
balance of the Reserve ReqUlrement for the Series 1996B Bonds net of the amount transferred
from the Refunded Bonds; and (iii) pay the costs of issuance of the Series 1996B Bonds.
SERIES 1996A PROJECT
A portion of the proceeds from the sale of the Series 1996A Bonds will be utilized by the
City for the additions, extensions, supplements or replacements of the existing gas system (the
"System") within Pinellas County and Pasco County, Florida, for areas currently serviced by the
System (the " 1996A Project"). The estimated cost of the 1996A Project is $8,510,000 which will
be funded from Series 1996A Bond proceeds.
The following chart shows the current components for the 1996A Project to be funded by
the Series 1996A Bond proceeds, and the estimated costs of the components.
Pinellas County Gas Main & Service Extensions
Pinellas Improvements
Pinellas Relocation
Pinellas Land, Bldg.. & Equip
Pasco County Gas Main & Service Extensions & LP
Pasco Land, Bldg.. & Equip
Total Net Capital Requirements
for 1996A Project
$830,000
360,000
1,320,000
70,000
5,420,000
510, ()()()
$8,510,000
For a further discussion of the System and the 1996A Project, see, "THE SYSTEM"
herein.
2
..~ . -- ._...-------~-;, .'. - ~~.
. , .'
ESTIMATED SOURCES AND USES OF FUNDS
..
PLAN OF REFUNDING FROM SERIES 1996B BONDS
A portion of the proceeds of the Series 1996B Bonds will be used to advance refund a
portion of the outstanding principal amount of the City's $7,680,000 Gas System Revenue Bonds,
Series 1991 (the "Refunded Bonds") in order to achieve debt service savmgs. The City intends
to issue the Series 1996B Bonds only if, as the result of bids received on the Series 199613 Bonds,
it is able to achieve present value debt service savings in an amount equal to, or greater than, a
threshold amount to be determined by the City Commission prior to the receipt of bids for the
Bonds.
The proceeds to be received from the sale of the Series 1996A Bonds are expected to be
applied as follows:
Sources of Funds
Principal Amount of Series 1996A Bonds
Less Original Issue Discount
Accrued Interest
Total Sources of Funds
Uses of Funds
Deposit to the Series 1996A Construction Fund
Deposit to Interest Account (1)
Deposit to Series 1996A Reserve Account
Underwriter's Discount
Costs of Issuance (2)
Total Uses of Funds
The proceeds to be received from the sale of the Series 1996B Bonds are expected to be
applied as follows:
Sources or Funds
Principal Amount of Series 1996B Bonds
Transfer From Series 1996B Bonds Reserve Account
Less Original Issue Discount
Accrued Interest
Total Sources of Funds
Uses or Funds
Deposit to Escrow Account for Refunded Bonds
Deposit to Interest Account (1)
Deposit to Series 1996B Reserve Account
Underwriter's Discount
Costs of Issuance (2)
Total Uses of Funds
Accrued" interest.
Includes the premium for the Municipal Bond Insurance Policy.
g~
3
DESCRIPTION OF THE SERIES 1996 BONDS
General
The Series 1996 Bonds will be issued in fully registered book-entry only form in
denominations of $5,000 and integral multiples thereof and will be dated, will bear interest
(payable semi-annually on March 1 and September 1 of each year commencing September 1,
1996) at the rates per annum and will mature on the dates and in the amounts, all as set forth on
the cover page of this Official Statement.
Book-Entry Only System
THE INFORMATION IN THIS SECTION CONCERNING DTC AND DTC'S
BOOK-ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY
BELIEVES TO BE RELIABLE, BUT THE CITY TAKES NO RESPONSmILITY FOR
THE ACCURACY THEREOF.
The Depository Trust Company ("DTC"), New York, New York, will act as securities
depository for the Senes 1996 Bonds. The Series 1996 Bonds will be issued as fully-registered
bonds regIstered in the name of Cede & Co. (DTC's partnershi{> nominee). One fully registered
bond for each maturitY. will be issued for the Series 1996 Bonds, m the aggregate prinCIpal amount
of such issue, and WIll be deposited with DTC.
DTC is a limited-purpose trust company organized under the New York Banking Law, a
"banking organization" within the meaning of the New York Banking Law, a member of the
Federal Reserve System, a tlclearing corporation tl within the meaning of the New York Uniform
Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17 A
of the Securities Exchange Act of 1934. DTC holds securities that its participants (the
"Participants") deposit with DTC. DTC also facilitates the settlement among PartIcipants of
securities transactions, such as transfers and pledges, in deposited securities through electronic
computerized book-entry changes in Participants' accounts, thereby eliminating the need for
physical movement of securities certificates. Direct Participants (the "Direct Participantstl)
mclude securities brokers and dealers, banks, trust companies, clearing corporations and certain
other organizations. DTC is owned by a number of its Direct Participants and by the New York
Stock Exchange, Inc., the American Stock Exchange, Inc. and the National Association of
Securities Dealers, Inc. Access to the DTC system is also available to others such as securities
brokers and dealers, banks and trust companies that clear through or maintain a custodial
relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants").
The rules applicable to DTC and its Participants are on file with the Securities and Exchange
Commission.
Purchases of the Series 1996 Bonds under the DTC system must be made by or through
Direct Participants, which will receive a credit for the Series 1996 Bonds on DTC's records. The
ownership interest of each actual purchaser of each Series 1996 Bond (the "Beneficial Owner")
is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will
not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected
to receive written confinnations providing details of the transaction, as well as periodic statements
of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner
entered into the transaction. Transfers of ownership interests in the Series 1996 Bonds are to be
accomplished by entries made on the books of PartiCIpants acting on behalf of Beneficial Owners.
Beneficial Owners will not receive certificates representing their ownership interests in the Series
4
1996 Bonds, except in the event that use of the book-entry system for the Series 1996 Bonds is
discontinued.
,. - I ~. -..-~.. ,----~...----~..~...--....~~.. ~ J -..... ,-, ,- .' . . , ~
To facilitate subsequent transfers, all Series 1996 Bonds deposited by Participants with
DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Series
1996 Bonds with DTC and their registration in the name of Cede & Co. effect no change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 1996
Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such
Series 1996 Bonds are credited, which mayor may not be the Beneficial Owners. The
Participants will remain responsible for keeping account of their holdings on behalf of their
customers.
For every transfer and exchange of the Series 1996 Bonds, the Beneficial Owner may be
charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed
in relation thereto.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to
Beneficial Owners will be governed by arrangements among them, subject to any statutory or
regulatory requirements as may be in effect from time to time. Redemption notices shall be sent
to Cede & Co. If less than all of the Series 1996 Bonds within an issue are being redeemed,
DTC's practice is to detennine by lot the amount of the interest of each Direct Participant in such
issue to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to Series
1996 Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the CIty as soon as
possible after the record date. The Omnibus Proxy assigns Cede & Co. 's consentin~ or voting
rights to those Direct Participants to whose accounts the Series 1996 Bonds are credIted on the
record date (identified in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Series 1996 Bonds will be made to DTC. DTC's
practice is to credit Direct Participants' accounts on each payment date in accordance with their
respective holdings shown on DTC's records unless DTC has reason to believe that it will not
receive payment on such payment date. Payments by Participants to Beneficial Owners will be
governed by standing instructions and customary practices, as is the case with securities held for
the accounts of customers in bearer form or registered in "street name," and will be the
responsibility of such Participant and not of DTC, the Payin~ Agent or the City, subject to any
statutory or regulatory requirements as may be in effect from time to time. Payment of principal
and interest to DTC is the responsibility of the City or the Paying Agent, disbursement of such
payments to Direct Participants shall be the responsibility of DTC and disbursement of such
payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants.
The City cannot and does not give any assurances that DTC, Participants or others will
distribute payments of principal of or interest on, or any premium on the Series 1996 Bonds paid
to DTC or its nominee, as the registered owner, or any redemption (if applicable) or other notices,
to the Beneficial Owner or that they will do so on a timely basis or will service and act in a
manner described in this Official Statement. Neither the City, the Bond Registrar nor the Paying
Agent is responsible or liable for the failure of DTC, Participants or others to make any payment
or give any notice to a Beneficial Owner in respect of the Senes 1996 Bonds or any error or delay
relating thereto.
When reference is made to any action which is required or permitted to be taken by the
Beneficial Owners, such reference shall only relate to those permitted to act (by statute, regulation
or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given,
5
DTC may discontinue providing its services as securities depository with respect to the
Series 1996 Bonds at any time by giving reasonable notice to the City or the Paying Agent. Under
such circumstances, in the event that a successor securities depository is not obtained, the Series
1996 Bonds are required to be printed and delivered. The City may decide to discontinue use of
the system of book-entry transfers through DTC (or a successor securities depository). In that
event, the Series 1996 Bonds will be printed and delivered.
In the event of an insolvency of DTC, if DTC has insufficient securities in its custody
(e.g., due to theft or loss) to satisfy the claims of its Participants with respect to deposited
securities and is unable by ap~lication of (i) cash deposits and securities pledged to DTC to protect
DTe against losses and liabllities; (ii) the proceeds of insurance maintained by DTC and/or its
Participants; or (ill) other resources, to obtaln securities neces5:3IY to eliminate the insufficiency,
no assurance can be given that Participants will be able to obtain all of their deposited securities.
Redemption Provisions
Optional Redemption. The Series 1996 Bonds are subject to redemption at the option of
the City prior to maturity on or after September 1, 200 , in whole at any time, or in part from
time to time on any interest payment date, in such mann-er as shall be determined by the City at
the redemption prices expressed as percentages of the principal amount of such Series 1996 Bonds
to be redeemed, as set forth below, together with accrued interest to the date fixed for redemption:
, ,....,! 1-"1~-~'--'-- , ~ I I
they shall be sent by the City, the Bond Registrar or the Paying Agent, as applicable, only to
DTC.
~ernption Periods (BotllDates Inclusive)
September 1, 200_ through August 31, 200_
September 1, 200_ through August 31, 200_
September 1, 200_ and thereafter
Redemption lTice
102%
101
100
Mandatory Sinking Fund Redemption of the Series 1996A Tenn Bonds Maturing
September 1, [ ]. The Series 1996A Bonds maturing on September 1, [ ] are subject to
mandatory sinking fund redemption by funds deposited in the Bond Amortization Account in the
Sinking Fund prior to maturity in part, by lot at a redemption price equal to their principal amount
and the accrued interest on each September 1 in the years and amounts set forth below at a
redemption price equal to 100% of the unpaid principal amount of such Series 1996A Bonds being
redeemed plus accrue{i interest thereon to the date fixed for redemption, without premium:
Principal
Amount
fiar
~
Mandatory Sinking Fund Redemption of the Series 1996B Term Bonds Maturing
September 1, [ ]. The Series 1996 Bonds maturing on September 1, [ ] are subject to
mandatory sinking fund redemption by funds deposited in the Bond Amortization Account in the
Sinking Fund prior to maturity in part, by lot at a redemption price equal to their principal amount
and the accrued interest on each September 1 in the years and amounts set forth below at a
6
,- ' .' .- -- ----.....--.:.....--..-----:-..,. ,--". ...... ~-,..~ l - .' . . . k"L.. ~ _ '." .
redemption price equal to 100% of the unpaid principal amount of such Series 1996B Bonds being
redeemed plus accrued interest thereon to the date fixed for redemption, without premium:
Principal
Amount
Year
~
Money held for the credit of the Bond Amortization Account is required to be applied to
the retirement of term obligations as follows:
(1) Subject to the provisions of paragraph (3) below, the City may purchase Term
Bonds then outstanding at the most advantageous price obtainable with reasonable diligence, such
price not to exceed the principal of such Term Bonds plus the accrued interest to the date of
(1elivery thereof. The City is required to pay the interest accrued on such Term Bonds to the date
of delivery thereof from the Interest Account and the 'purchase price from the Bond Amortization
Account, but no such purchase may be made by the CIty within the period of 45 days immediately
preceding any interest payment date on which Term Bonds are subject to call for redemption,
except from money in excess of the amounts set aside or deposited for the redemption of Term
Bonds.
,
(2) Subject to the provisions of paragraph (3) below, whenever sufficient money is on
deposit in the Bond Amortization Account to redeem $5,000 or more principal amount of Term
Bonds, the City may call for redemption from money in the Bond Amortization Account such
amount ofTenn Bonds then subject to redemption as, with the redemption premium, if any, will
exhaust the money then held in the Bond Amortization Account as nearly as may be practicable.
Prior to calling Term Bonds for redemption, the City is required to withdraw from the Interest
Account and from.the Bond AmortizatIOn Account and set aside in separate accounts or deposit
with the paying agents the respective amounts required for paying the interest on and the principal
of and redemption premium applicable to the Term Bonds so called for redemption.
(3) Money in the Bond Amortization Account is required to be applied by the City in
each fiscal year to the retirement of Term Bonds then outstanding in the following order:
(a) The Tenn Bonds of each series of Bonds, to the extent of the Amortization
Installment, if any, for such Fiscal Year for the Term Bonds of each such series then
outstanding, plus the applicable premium, if any, and, if the amount available in such
Fiscal Year shall not be sufficient therefor, then in proportion to the Amortization
Installment, if any, for such Fiscal Year for the Term Bonds of each such series then
outstanding, plus the applicable premium, if any; provided, however, that if the Term
Bonds of any such senes are not then subject to redemption from money in the Bond
Amortization Account and if the City is at any time unable to exhaust the money applicable
to the Term Bonds of such series under the provisions of this clause or in the purchase of
such Term Bonds under the provisions of paragraph (1) above, such moner or the balance
of such money, as the case may be, must be retained in the Bond AmortIzation Account
and, as soon as it is feasible, applied to the Term Bonds of such series; and
7
..- ----.-----. .._-~ -- ----. .-
. ,
. .
(b) Any balance then remaining, other than money retained under the first
clause of this paragraph (3), is required to be applied to the retirement of such Term Bonds
as the City in its sole discretion determines, but only, in the case of the redemption of
Tenn Bonds of any series, in such amounts and on such terms as may be provided in the
resolution or ordinance authorizing the issuance of the obligations of such series.
The City is required to pay from the Sinking Fund all expenses in connection with any such
purchase or redemption.
Notice of Redemption
As long as the book-entry-only system is used for determining beneficial ownership of the
Series 1996 Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co. will be
responsible for notifying the DTC Participants, who will in turn be responsible for notifying the
Beneficial Owners. Any failure of Cede & Co. to notify any DTC Participant, or of any DTC
Participant to notify the Beneficial Owner of any such notice, will not affect the validity of the
redemption of the Series 1996 Bonds. See "DESCRIPTION OF THE SERIES 1996 BOND -
Book-En try-Only System" for a description of DTC Participants and Beneficial Owners.
In the event of the discontinuance of the book-entry only system, notice of redemption will
be given by the Registrar (who shall be the Paying Agent for the Series 1996 Bonds, or such other
person, firm or corporation as may from time to time be designated by the City as Registrar for
the Series 1996 Bonds) by mailing a copy of the redemption notice by first-class mail (postage
prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed
for redemption to the Registered Owner of each Series 1996 Bond to be redeemed in whole or in
part at the address shown on the registration books. Failure to give such notice by mailing to any
Registered Owner of Bonds, or any defect therein, shall not affect the validity of any proceeding
for the redemption of other Bonds. All Series 1996 Bonds or portions thereof so called for
redemption will cease to bear interest after the specified redemption date provided funds for their
redemption are on deposit at the place of payment at that time.
Upon surrender of any Series 1996 Bond for redemption in part only, the City shall issue
and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered
Owner, a new Series 1996 Bond or Series 1996 Bonds of authorized denominations in aggregate
principal amount equal to the unredeemed portion surrendered.
SOURCE OF PAYMENT AND SECURITY
FOR THE SERIES 1996 BONDS
General
The principal of, redemption premium, if any, and interest on the Series 1996 Bonds are
payable from the Net Revenues equally and ratably with each other and the Parity Bonds. The
Series 1996 Bonds and the Parity Bonds are secured by a first and prior lien on the Net Revenues
derived from the operation of the System deposited In the Sinking Fund created and established
under the Ordinance and from monies and investments deposited in certain funds and accounts
established by the Ordinance and earnings thereon.
The Series 1996 Bonds shall not constitute an indebtedness, liability, general or moral
obligation, or a pledge of the faith, credit or taxing power of the City, the State, or any
8
political subdivision thereof, within the meaning of any constitutional, statutory or charter
provisions. Neither the State of Florida, nor any political subdivision thereof, nor the City
shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the
Series 1996 Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the
same from any other funds of the City except from the Net Revenues, in the manner
provided in the Ordinance.
The Series 1996 Bonds shall not constitute a lien upon the System, or any part thereof, or
on any other property of the City, but shall constitute a first and prior lien only on the Net
Revenues in the manner provided 10 the Ordinance.
"Net Revenues" is defined in the Ordinance to mean Gross Revenues less the Cost of
Operation and Maintenance. "Gross Revenues" means all monies received from rates, fees,
rentals or other charges or income derived from the investment of funds, unless otherwise
provided in the Ordinance, by the City or accruing to it in the operation of the System, all
calculated in accordance with sound accountin~ practice. "Cost of Operation and MaIntenance"
of the System means all current expenses, paId or accrued, for the operation, maintenance and
repair of all facilities of the System, as calculated in accordance with sound accountin~ practice
and includes, without limiting the generality of the foregoing, insurance J?remiums, admInIstrative
expenses of the City related solely to the System, labor, cost of matenals and supplies used for
current operation and charges for the accumulation of appropriate reserves for current expenses
not annually recurrent but which are such as may reasonably be expected to be incurred in
accordance with sound accounting practice, but excluding any reserve for renewals or
replacements, for extraordinary repairs or any allowance for depreciation. The Bonds are further
secured by a prior lien on and pledge of the monies and investments deposited in the Funds and
Accounts established by the Ordinance except for monies and investments deposited in the
Operation and Maintenance Fund and the Rebate Fund.
Reserve Account
A Reserve Account within the Sinking Fund has been established pursuant to the
Ordinance. Within the Reserve Account, there will be established a separate subaccount for each
series of Bonds. Revenues must be applied by the City to maintain in each subaccount in the
Reserve Account a sum equal to the Reserve Requirement, if any, for any subsequent year on each
series of Bonds. The Reserve Requirement for each series of Series 1996 Bonds will be fully
funded, or the City will deposit in the respective Reserve Account a reserve fund surety policy or
JX>licies in the amount thereof, which sum will initially be deposited therein from the proceeds of
the sale of the corresponding series of Series 1996 Bonds and other funds of the CIty. To the
extent the City determines pursuant to a subsequent resolution to fund a subaccount within the
Reserve Account for a respective series of Bonds, the City may provide that the difference
between the amounts on deposit in such subaccount and the Reserve Requirement for such series
of Bonds shall be an amount covered by obtaining bond insurance issued by a reputable and
recognized municipal bond insurer, by a surety bond, by a letter of credit or any combination
thereof or by such other form of credit enhancement as shall be approved by a resolution of the
City adopted prior to the issuance of the series of Bonds for which such subaccount is established.
Such resolutIon may also provide for the substitution of such credit enhancement. For further
infonnation concerning the Reserve Account, please refer to the section entitled "Flow of Funds"
contained herein.
Notwithstanding any provision of the Ordinance to the contrary, moneys in each
subaccount in the Reserve Account may be used only for the purpose of the payment of maturing
principal of or interest or making Amortization Installments on the Bonds for which such
9
, ' - ~ --------- ~ .
. '..' ' J
, ) . . - -
Establishment of Funds and Accounts
The following Funds and Accounts have been established pursuant to the Ordinance:
Revenue Fund
Operation and Maintenance Fund
Construction Fund
Sinking Fund
Interest Account
Principal Account
Reserve Account
Bond Amortization Account
Renewal and Replacement Fund
A separate subaccount is required to be maintained in the Reserve Account for each series
of Bonds.
Priority of Flow of Funds
The entire Gross Revenues, except the income from investments (hereinafter discussed),
derived from the operation of the System must be deposited in the Revenue Fund. The Revenue
Fund constitutes a trust fund for the purpose provided in the Ordinance, and must be kept separate
and distinct from all other funds of the City and used only for the purposes and in the manner
provided in the Ordinance.
All revenues at any time remaining on deposit in the Revenue Fund must be disposed of
on or before the fifteenth (15th) day of each month only in the following manner and in the
following order or priority:
1. Revenues must first be used to deposit in the Operation and Maintenance Fund,
such sums as are necessary for the Cost of Operation and Maintenance for the next ensuing month.
2. Revenues must next be used for deposit into the Interest Account, such sums as will
be sufficient to pay one-sixth (1/6) of all interest becoming due on the Series 1996 Bonds and the
Series 1991 Bonds on the next semi-annual interest payment date.
3. Revenues must next be used for deposit into the Principal Account, in any bond
year in which a Serial Bond matures, such sums'as will be sufficient to pay one-twelfth (1/12) of
the principal maturing on Serial Bonds in such year.
4. Revenues must next be used for deposit into the Bond Amortization Account in any
bond year in which an Amortization Installment is due, such sums as will be sufficient to pay one-
twelfth (1/12) of the Amortization Installment required to be made in such year. Such payment
will be credited to a separate special account for each series of Term Bonds outstanding, and if
there is more than one stated maturity for Term Bonds of a series, then into a separate special
account in the Bond Amortization Account for each such separate maturity of Term Bonds. The
funds and investments in each such separate account are pledged solely to the payment ofjrincipal
of the Term Bonds of the series or maturity within a senes for which it is established an will not
subaccount was established when the other moneys in the Sinking Fund are insufficient therefor,
and for no other purpose including the payment of any other series of Bonds.
FLOW OF FUNDS
10
. _..,~....~__~,~ ~---:-'_:""""''''''''.~'''_H''_'_'____:__' ,I. . ," "-,",, ~ _>
be available for payment, purchase or redeml?tion of Term Bonds of any other series or within a
series, or for transfer to any other account In the Sinking Fund to make up any deficiencies in
required payments therein.
Moneys on deposit in each of the separate special accounts in the Bond Amortization
Account are required to be used for the open market purchase or the redemption of Term bonds,
pursuant to the Ordinance, of the series or maturity of Term Bonds within a series for which such
separate special account is established or may remain in said separate special account and be
invested until the stated date of maturity of the Term Bonds.
The required deposits to the Principal Account, Interest Account and Bond Amortization
Account are required to be adjusted in order to take into account the amount of money currently
on deposit therein.
5. Revenues must next be applied by the City to maintain in each subaccount in the
Reserve Account a sum equal to the Reserve Requirement, if any, for any subsequent year on each
series of Bonds, which sum will initia.11y be deposited therein from the proceeds of the sale of the
Series 1996 Bonds and other funds of the City. To the extent the City determines pursuant to a
subsequent resolution to fund a subaccount within the Reserve Account for a respective series of
Bonds, the City may provide that the difference between the amounts on deposit in such
subaccount and the Reserve Requirement for such series of Bonds shall be an amount covered by
obtaining bond insurance issued by a reputable and recognized municipal bond insurer, by a surety
bond, by a letter of credit or any combination thereof or by such other form of credit enhancement
as shall be aPl?roved by a resolution of the City adopted prior to the issuance of the series of
Bonds for whIch such subaccount is established. Such resolution may also provide for the
substitution of such credit enhancement. Bond insurance, a surety bond, a letter of credit or any
combination thereof or such other form of credit enhancement may in the future be deposited in
the subaccount in the Reserve Account for any Series of Bonds as may be approved by subsequent
resolution of the City, provided that the provider of such credit enhancement is then rated in one
of the two highest rating categories (without regard to gradation) by Standard & Poor's
Corporation and Moody's Investors Service, Inc.
Any withdrawals from any subaccount in the Reserve Account are required to be
subsequently restored from the first moneys available in the Revenue Fund on a pro rata basis as
to all subaccounts in the Reserve Account after all required current payments for the Operation
and Maintenance Fund and Sinking Fund (including all deficiencies in prior payments to those
Funds) have been made in full.
Notwithstanding any provision of the Ordinance to the contrary, moneys in each
subaccount in the Reserve Account may be used only for the purpose of the payment of maturing
principal of or interest or making Amortization Installments on the Bonds for which such
subaccount was established when the other moneys in the Sinking Fund are insufficient therefor,
and for no other purpose including the payment of any other series of Bonds.
In the event of the refunding of any series of Bonds, the City may withdraw from the
subaccount within the Reserve Account for such series of Bonds, all or any portion of the amounts
accumulated therein with respect to the Bonds being refunded and deposit such amounts as
required by the resolution authorizing the refunding of such series of Bonds.
6. The City must next deposit into the Renewal and Replacement Fund an amount
equal to one-twelfth (1/12) of an amount equal to 5% of prior year's Gross Revenues; provided,
however, that so long as there shall be on deposit in such Renewal and Replacement Fund a
balance of at least $300,000, no additional deposits in such Fund are required. The moneys in
11
COVENANTS
the Renewal and Replacement Fund may be used only for the purpose of paying the cost of
extensions, enlargements or additions to, or the replacement of capital assets of the System and
emergency repairs thereto. Such moneys on deposit in such Fund are also required to be used to
supplement the Reserve Account if necessary, in order to prevent a default in L'le payment of the
pnncipal or Amortization Installments of and interest on the Bonds.
7. The balance of any moneys remaining in the Revenue Fund after the above required
payments have been made may be used by the City for any lawful purpose.
8. The Operation and Maintenance Fund, the Sinking Fund, the Renewal and
Replacement Fund, the Revenue Fund, and all accounts therein and any other special funds
established and created under the Ordinance constitute trust funds for the purposes provided in the
Ordinance for such funds. All such funds shall be continuously secured in the same manner as
City deposits are authorized to be secured by the laws of the State of Florida.
Rate Covenant
In and by the Ordinance, the City has covenanted that it will fix, establish, revise from
time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other
charges for the use of the product, services and facilities of the System which will always provide
Revenues in each year sufficient to pay, and out of such funds pay, 100% of the Cost of Operation
and Maintenance of the System in such year and all reserve and other payments provided for in
the Ordinance and 125 % of the Bond Service Requirement due in such year on all outstanding
Bonds. The City has covenanted that such rates, fees, rentals, or other charges shall not be
reduced so as to be insufficient to provide Revenues for such purposes.
Additional Parity Obligations
Additional Parity Obligations, payable on a parity from Net Revenues of the System with
the Series 1996 Bonds and the Parity Bonds, may be issued after the issuance of the Series 1996
Bonds, for construction and acquisitton of additions, extensions and improvements to the System
or for refunding purposes and upon the following conditions:
1. The Net Revenues derived or which would have been derived, if adjusted as set
forth below, from the System, either during the immediately preceding Fiscal Year, durin~ any
twelve (12) consecutive calendar months of the eighteen (18) calendar months immedIately
preceding the sale of the proposed Additional Parity Obligations or during the last twelve (12)
. month period for which the City has audited financial statements for the System, at the option of
the City, shall have been not less than 125 % of the Maximum Bond ServIce Requirement which
will become due in any calendar year thereafter on (a) the Series 1996 Bonds then outstanding,
(b) any Additional Parity Obligations issued and then outstanding (including the Parity Bonds),
and (c) the Additional Parity Obligations then proposed to be issued.
In determining the amount of Net Revenues for the purposes of paragraph (1) above, the
Consulting Engineers may adjust the Net Revenues by addIng thereto the following:
a. The Net Revenues (computed for such utility on the same basis as net
revenues are computed for the System) of any ~as utility which the City shall have
acquired prior to the issuance of such Additional Panty Obli~ations or which the City shall
be acquiring from proceeds of such Additional Parity OblIgations; and
12
.- ---..-..-..---- ~... -...- - ...
. .
. .
b. In the event a change has been made in the rate schedules for services from
the System prior to the issuance of the proposed Additional Parity Obligations for a part
of such 12 month period referred to in (1) above, and such change has resulted in an
increase in Net Revenues, such amount of additional Net Revenues which the consulting
Engineers estimated would have been received by the City during such 12 month period
if such change in such rate schedule had been in effect during the entire 12 month period;
and in the event a change has been made in the rate schedules for services from the System
prior to the issuance of the proposed Additional Parity Obligations for a part of such 12
month period referred to in (1) above, and such change has resulted in a decrease in Net
Revenues, by subtracting therefrom such amount of the Net Revenues which the
Consulting Engineers estimate would not have been received by the City during such 12
month period referred to in (1) above, if such change in such rate schedule had been in
effect during the entire 12 month period.
2. Each resolution or ordinance authorizing the issuance of Additional Parity
Obligations will recite that all of the covenants contained in the Ordinance will be applicable to
such Additional Parity Obligations.
3. The City shall not be in default in perfonning any of the covenants and obligations
of the Ordinance, if all payments required to have been made into the accounts and funds, as
provided in the Ordinance, shall have been made to the full extent required.
The City currently has outstanding its Gas System Revenue Bonds, Series 1991 of which
$7,530,000 remains outstanding as of June 1, 1996 (a portion of which may be refunded with
proceeds of the Series 1996B Bonds) and its Gas System Revenue Bonds, Series 1994A of which
$8,110,000 remains outstanding as of June 1, 1996. The Strategic Plan for the System projects
that Additional Parity Obligations of up to $30,750,000 may be issued through 2002.
Operation and Maintenance
The City covenants it will maintain the System and all parts thereof in good condition and
will operate the same in an efficient and economical manner making such expenditures for
equipment and for renewals, repairs and replacements as may be proper for the economical
operation and maiQtenance thereof.
Operating Budget
The City covenants to annually prepare and adopt prior to the beginning of each of its
Fiscal Years, a detailed budget or budgets of the estimated expenditures for the operation and
maintenance of the System during such next succeeding Fiscal Year.
Annual Audit
At least once a year, within six months after the close of its Fiscal Year, the City covenants
to cause the books, records and accounts relating to the System to be properly audited by a
recognized independent firm of certified public accountants.
No Mortgage or Sale of the System
The City has covenanted not to sell, lease, mortgage, pledge or otherwise encumber the
System, or any substantial part thereof, or any revenues to be derived therefrom, except as
described below.
13
Notwithstanding the foregoing, the City has reserved the right to sell, lease or otherwise
dispose of any of the property comprising a part of the System which the City hereafter
determines, in the manner provided 10 the Ordinance, to be no longer necessary, useful or
profitable in the operation of the System. Prior to any such sale, lease or other disposition of said
property, if the amount to be received therefor is not in excess of $50,000, the City Manager of
the City or other duly authorizerl officer in charge thereof is required to make a findmg in writing
detenmnin{; that such property comprising a part of the System is no longer necessary, useful or
profitable 10 the operation thereof.
If the amount to be received from such sale, lease or other disposition of said property is
in excess of $50,000 but not in excess of $100,000 such City Manager or other officer IS reqUired
to first make a finding in writing determining that such property comprising a part of the System
is no longer necessary, useful or profitable in the operation thereof, and the governing body of
the ~ity must, by resolution or ordmance duly adopted, approve and concur in the finding of such
City Manager or other officer, and authorize such sale, lease or other disposition of said property.
If the amount to be received from such sale, lease or other disposition of said property is
in excess of $100,000 but not in excess of 10% of the value of fixed assets of the System
according to the most recent annual audit report, such City Mana~er or other officer must first
make a finding in writing determining that such property comprismg a part of the System is no
longer necessary, useful or profitable in the operation thereof, and the Consulting Engineer must
make a finding that it is in the best interest of the System that such property be disposed of, and
the governing body of the City must by resolution or ordinance, duly adopted, approve and concur
in the findings of such City Manager or other officer and of the Consultmg Engineer, and
authorize such sale, lease or other disposition of said property.
Anything in this section to the contrary notwithstanding, nothing restricts the governing
body of the City or, to the extent such authority has been vested in the City Manager by such
governing body, the City Manager in exercising discretion, from authorizing the sale or other
disposition of any of the property comprising a part of the System, if the Consulting Engineer
certifies that the Net Revenues of the System will not be materially adversely affected by reason
of such sale or disposition.
Such proceeds must be placed in the Renewal and Replacement Fund or used for the
retirement of outstanding Bonds, in such proportions to be determined by the governing body of
the City upon the recommendations of the City Manager. The payment of such proceeds into the
Renewal and Replacement Fund does not reduce the amounts required to be paid into such Fund
by other proviSIOns of the Ordinance.
Anything in this section to the contrary notwithstanding, nothing prohibits the City from
transferring ownership of the System to another governmental entity 10 accordance WIth the
Ordinance without complying with the provisions described in this section.
No Free Service
The City has covenanted in the Original Ordinance that it will not render or cause to be
rendered any free services of any nature by the System, nor will any preferential rates be
established for users of the same class. Whenever the City, including its departments, agencies
and instrumentalities, avails itself of the product, facilities or services prOVIded by the System,
or any part thereof, the same rates, fees or charges applicable to other customers receiving like
services under similar circumstances must be charged to the City and any such department, agency
or instrumentality. Such charges must be paid as they accrue, and the City shall transfer from its
general funds to the Revenue Fund sufficient sums to pay such charges. The revenues so received
14
will be deemed to be Revenues derive{j from the operation of the System, and will be deposite{j
and accounted for in the same manner as other Revenues derived from such operation of the
System.
Consistent with the foregoing, to the extent that certain marketing and sales programs may
involve incentives to customers (other than free energy service), expenses of such incentives are
paid by charges against appropnate marketing and sales expenses of the System.
Enforcement or Collections
The City has covenanted to enforce and collect the rates, fees and other charges for the
services and facilities of the System pledged under the Ordinance; to take all steps, actions and
proceedings for the enforcement and collection of such rates, charges and fees as shall become
delinquent to the full extent permitted or authorized by law; and to maintain accurate records with
respect thereof. All such fees, rates, charges and revenues pledged pursuant to the Ordinance
will, as collected, be held in trust to be applied as provided in the Ordinance.
The City will, under reasonable rules and regulations, to the full extent permitted by law,
shut off the connection of any users of the System for non-payment of fees, rentals and other
charges for the services of the System and will not furnish him or permit him to receive from the
System further service until all obligations owed by him to the CIty on account of services have
been paid in full.
No Competing System
To the full extent permitted by law, the City has covenanted not to hereafter grant, or
cause, consent to, or allow the granting of, any franchise or permit to any person, firm,
corporation or body, or agency or instrumentality whatsoever, for the furnishing of competin~ gas
services to or within the boundaries of the service area of the City; provided, however, that If the
Gas System Manager renders an opinion that it would not be feasible for the City to provide such
services to any specific area withm the three years succeeding a request to provide such service,
the City may authorize or allow the granting of such franchise or permit for such area upon such
terms and conditions as it may approve.
Unlawrul Connection Prohibited
The City has enacted an ordinance making it unlawful for any ~rson or persons to tamper
with, change or make any connection with the System without the wntten consent of the City, or
to make any reconnection with the System when service has been discontinued for delinquent
charges, until such delinquent charges have been paid in full, including interest, reasonable
penalties and reconnection charges. The City will dilIgently, to the full extent permitted by law,
enforce this covenant and prosecute any person violating the provisions of this covenant or any
penal ordinance relating to the same.
Amendment or the Ordinance
. In the Ordinance, the City has reserved the right to amend or supplement the Ordinance
for certain purposes without the consent of Bondholders if the amendment or supplement does not
adversely affect the rights of Bondholders. Otherwise, no material modificatIon or amendment
of the Ordinance may be made without the consent in writing of the Holders of fifty-one percent
or more of the prinClpa1 amount of the Bonds of each Series so affected and then outstanding. For
purposes of the foregoing, to the extent that Bonds of any Series are secured by a Credit Facility
and such Bonds are then rated in one of the two highest rating categories (without regard to
15
,""- ' _.~-----. "---~~~-:-'":~'~".'''''''-:-'' .~~ ... ~ . . .
gradation) by either Standard & Poor's Corporation or Moody's Investors Service, Inc., or
successors and assigns, then the consent of the Credit Facility issuer will be deemed to constitute
the consent of the Bondholders of such Series and in such case no consent of the Bondholders of
such Series is required. Notwithstanding the foregoing, no modification or amendment of the
Ordinance may pennit a change in the maturity of such Bonds or a reduction in the rate of interest
thereon or in the amount of the principal obligation thereof or affecting the promise of the City
to pay the principal of and interest on the Bonds as the same becoI?e due from the Net Rev~nu.es
of the System or reduce the percentage of the Bondholders reqUIred to consent to any matenal
modification or amendment of the Ordinance without the consent of the Bondholders of all such
obligations.
THE SYSTEM
Physical Description
The Clearwater Gas System (the" System ") began operations in the mid-1920's with the
production, distribution and sale of manufactured gas. The System was converted to natural gas
m 1959 when Florida Gas Transmission (FGT) extended pipelInes into Florida. The System also
provides propane (LP) service in areas where natural gas mains have not yet been extended. In
addition to serving the City of Clearwater, the System has expanded into, and has franchise
agreements with, the cities of Bellea.ir, Belleair Beach, Bellea.ir Bluffs, Dunedin, Indian Rocks
Beach, Largo, New Port Richey, Oldsmar, Port Richey, Safety Harbor, and Tarpon Springs. The
System also services the unincorporated area between these cities. The franchise agreements
expire respectively in 2020, 2003, 2002, 2020, 2018, 2001, 2025, 2014, 2025, 2001 and 2013,
which in some instances is Erior to the maturity of the Series 1996 Bonds. It is anticipated that
such franchise agreements WIll be renewed upon their expiration; however, there is no assurance
of such renewals. Each franchise agreement authorizes the respective municipality- to terminate
the franchise agreement in the event the City fails to furnish gas for a period of 72 hours as
required by the agreement for causes within the control of the City. In addition, the franchise
agreements with Dunedinl Belleair Bluffs, Largo and Safety Harbor authorize the municipality to
purchase from the City the property used with respect to each franchise at the expiration of the
franchise. The franchise agreements with Oldsmar and Tarpon Springs authorize Oldsmar and
Tarpon Springs to purchase such property during the tenn of the franchise as well as at expiration.
The System currently serves 12,705 customers and has 534 miles of gas main as of March, 1996.
According to a survey conducted by Pipeline & Gas Journal dated September, 1995, the System
ranked as the fourth largest municipally owned natural gas system in Florida and the 41st largest
municipally owned natural gas system in the United States.
Management
The City has a Commission-Manager form of municipal government. The Mayor-
Commissioner and Commissioners are elected by the City's voters on an at-Jar~e basis. All have
voting {>Ower at Commission meetings which are chaired by the Mayor-CommIssioner. The City
CommIssion appoints the City Manager and the City Manager is responsible for appointing all
officers and employees in the administrative service of the City, includIng the Managing Director
& Executive Officer of the Clearwater Gas System.
The Clearwater Gas System is administered by the Gas System Managing Director &
Executive Officer who reports directly to the City Manager. The System is one of six utilities
(Water, Sewer, Gasl Solid Waste, Recycling, and Stormwater) billed on a consolidated basis by
. the Clearwater Utility Customer Service.
16
...~ . - . ...--~_ "._....,.._-r- _,'. -, ~." T-~ .'
~. , " '.. l' .' - ' . '.' 't .. '."--,,..~. .
Charles S. Warrington, Jr. currently serves as Managing Director & Executive Officer of
the Clearwater Gas System and reports dIrectly to the City Manager. He received his Bachelor
of Electrical Engineering degree from the Georgia Institute of Technology in 1971 and is a 1982
graduate of the University of Michigan Public Utility Executive Program. He has been a
registered Professional Engineer in the State of Florida since 1976.
Prior to joining the City of Clearwater in February 1992, Mr. Warrington served as
Director of Customer Services for Florida Power & Light Company (FPL), the largest electric
utility in the State of Florida. Mr. Warrington was responsible for corporate-wide customer
service policies, procedures, systems, training and regulatory interface. Prior to this position, he
had served as a District General Manager for two (2) of the lar~est FPL districts (Miami and Coral
Gables). In total, Mr. Warrington has 25 years of pubhc utility experience of increasing
responsibility .
Mr. Warrington currently serves on the Board of Directors of the Florida Natural Gas
Association, serves on the Board of Directors of the Municipal Gas Authority of Florida, serves
on the board of directors and as President of the Florida Municipal Natural Gas Association, and
serves on the Board of Directors and as President-elect of the Florida Engineering Society -
PineUas Chapter.
Teny Neenan has served as Assistant Director of CGS/Gas Supply and Operations since
February, 1994. Prior to that he served as Gas Superintendent from 1986 until f994, Assistant
Superintendent from 1982 to 1986, Service Supervisor from 1979 to 1982 and Utilities
Serviceman from 1968 to 1979 all with the Clearwater Gas System. He holds a Master Gas
Contractor License with Pinellas County, a Natural Gas Specialty Contractor License with the
Pinellas County Construction Licensing Board, a 601 LP License from the Department of
Agriculture and holds other licenses and certificates related to natural and LP gas. Mr. Neenan
serves as the propane qualifier for the Clearwater Gas System both in Pinellas and Pasco Counties
and serves as the natural gas gualifier in Pinellas County. Mr. Neenan attended St. Petersburg
Junior College and the Flonda Gas Transmission School in Sanford. He has served as a
Secretary, Treasurer, Vice Chairman and Chairman of the Operating Section of the Florida
Natural Gas Association. He has also served two years as Secre!MY to the Florida Municipal
Natural Gas Association. He has also served as Secretary, Vice ChaIrman and Chairman of the
Municipal Gas Authority of Florida, a joint gas buying agency.
James M. Lewin, Sr. has served as Assistant Director of CGS/Gas Marketing & Planning
since April 1994. Prior to that, he served as Assistant Superintendent from 1986 to 1994, Gas
Supervisor from 1977 to 1986, and as a Distribution Serviceman from 1974 to 1977, all with the
Clearwater Gas System. Mr. Lewin also holds a Natural Gas Specialty Contractor License with
the Pinellas County Construction Licensing Board, a 601 LP License from the Department of
Agriculture, and holds other licenses and certificates related to natural gas. He is three (3) credit
hours from completing an Associate of Arts Degree in Business Administration from the St.
Petersburg Junior College.
Robert Bublitz has served as Controller for the Clearwater Gas System since October 1994.
Mr. Bublitz served as the Finance Director and Director of Administrative Services with the City
of Tarpon Springs, Florida, for 15 years prior to joining the Cleaxwater Gas System as Controller.
In total, Mr. Bublitz has 28 years of Municipal experience. He received his Bachelor of Business
Administration degree in 1965 from Spencerian Business College in Milwaukee, Wisconsin.
17
~ ...--, ".r --'-'--~'tj\~-;;;-----~-'; . ~-;-~_....... ," - ~....-:~_. ..- , ,~ ~', '
Gas Supply
The City purchases its supply of natural gas from the Citrus Industrial Sales Coml?any, Inc.
The present supply of gas is based on service agreements between the City, the Mumcipal Gas
Authority of Florida (MGAF), Citrus Industrial Sales, and Florida Gas Transmission Company
(FO'!). On August 1, 1990, the Federal Energy Regulatory Commission (FER C) deregulated the
natural ~as pipeline industry. This allows other natural gas suppliers and local distribution
compames, like the Clearwater Gas System to transport gas over FGT pipelines as opposed to
purchasing natural gas supply from only FGT.
FGT at the present time is equally owned by Enron Corporation and Sonat, Inc. Enron
Corporation throu~h its subsidiaries operates or has interest in approximately 37,000 miles of
transportation pipelines from Texas to the Canadian border and from California to Florida. Sonat,
Inc. owns and has interest in natural gas transportation facilities that provide service in the states
of Florida, Georgia, Alabama, South Carolina, Tennessee, Mississippi, and Texas as well as the
Federal Offshore Domain in and around the State of Louisiana.
MGAF is an inter-local municipal organization which purchases natural gas supplies for
fifteen (15) municipally owned local distribution companies and gas districts served by FGT.
Clearwater Gas System was a leader in forming MGAF. The City of Clearwater joined MGAF
by Resolution 92-75 which was adopted by the City Commission on December 3, 1992. MGAF
began purchasing gas supplies for Clearwater Gas System through a three (3) year gas
management and supply acquisition contract with Citrus Industrial Sales Company in November
1993. These agreements provide a maximum daily quantity of approximately 10,219 MMBtu's
of natural gas during the months of November to April; 4,652 MMBtu's during the months of
May to September; and 7,496 MMBtu' s for the month of October. The total annual entitlement
is 2,793,771 MMBtu's of natural gas transportation.
FGT has constructed an additional gas p'ipeline along the west coast of Florida called Phase
HI, which increased the supplies of gas aVaIlable to the System. The System has entered into
Phase III transportation agreements with FGT for an additIOnal 1,781 MMBtu' s to be delivered
during the summer and 1,348 MMBtu's delivered in the winter. Phase III increased the System's
yearly transportation entitlement by 583,816 MMBtu's. This has established a new annual
entitlement of 3,377,587 MMBtu's to be delivered by FGT pipeline, which willl>rovide adequate
capacity through at least the year 1999. It is anticipated that additional entitlements can be
acquired from either the proposed FGT Phase IV or use the additional excess capacity in the
MGAP Group to satisfy the System's customers' needs into the twenty-first century.
Rates, Fees and Charges
The City Commission has established a schedule of rates and charges by ordinance, which
includes a purcnased gas cost adjustment provision allowing the City to pass-through to customers
any increase or decrease in the purchased price of gas. The City is not subject to regulation by
any State agency in establishing or revising its rates. Where competitive fuel sources or
transportation service are available to the customer, the City Commission has authorized the City
Manager to enter into contract gas service rates at special rates and/or conditions as required to
obtain/retain the customer load. Such contract service must meet the normal construction
feasibility formula to insure profitable payback to the City. s of March, 1996, contract rates
applied to 56 customer accounts and impacted less than 3 % of total revenues.
" ,,' - . ----:--.---u--"'" _.-~-""-....---.~ .... ,~.'" ~-..^~. ....-.- ,,' , , _
The current rates charged by the System are a part of the Phase I Gas Rate Case
implemented October 1, 1995, which was based on a com~rehensive cost of service study
perfonned by the Utility Advisory Services Group of the internatlOnal accounting firm of Coopers
& Lybrand, LLP (the "Rate Study"). This Phase I implementation resulted in an extensive
overhaul of the Gas System customer rates, providing numerous classes of service and a
modernized billing methodology.
The new rates were designed to be industry-based and responsive to the competitive energy
challenges. The goal of the Rate Study was to establish rates which would be faIf to all classes
of customers, provide funding to implement planned expansion in both existing northern Pinellas
County service area and into the newly acquired southwestern Pasco service area, and provide an
adequate growth potential in return to the City of Clearwater to further offset the ad valorem tax.
rates (current impact is about 0.5 mills).
As the result of experience during the first seven months of the Phase I implementation
adjustments in the Phase II rates which are to be implemented on October 1, 1996 have been
proposed in the commercial and multi-family customer rates (no changes are proposed to the
already Commission-approved plan for residentIal customer rates) and additional adjustments (the
Phase ill rates) are rroposed to become effective October 1, 1997. The total projected impact of
both new phases 0 the rate case is $1.05 million or less than 7.9% of total gas sales revenues.
The first reading of the rate ordinance containing the proposed Phase II and Phase III rates
changes was conducted by the City Commission on May 16, 1996, with the second reading and
final approval anticipated to occur on June 6, 1996. The rate adjustments, if approved by the City
Commission will become effective as to the Phase II adjustments on October 1, 1996 and, as to
the Phase In rates, on October 1, 1997.
Set forth in Appendix G hereto is a table containing a comparison of both current and
proposed rates with the rates of comparable gas utilities.
Service Area
The System serves over 12,500 customers in thirteen (13) municipalities as well as the
unincorporated areas of northern Pinellas County and southwestern Pasco County as follows:
Municipalities served, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shores, Clearwater,
Dunedin, Indian Rocks Beach, Largo, New Port Richey, Oldsmar, Port Richey, Safety Harbor
and Tarpon Springs. In unincorporated Pinellas County, the System serves, Crystal Beach, East
Lake, Harbor Bluffs, Harbor Hills, Highpoint, Ozona, Palm Harbor and Top of the World. The
System serves the unincorporated Pasco County areas of Anclote, Elfers, Gulf Harbors, Harbor
Isles, Holiday, Moon Lake, Odessa, Serenova and Trinity.
The northern Pinellas County service territory is approximately 135 s.quare miles and
extends from Ulmerton and Walsingham Roads on the south to the Pasco County hne on the north
and from the Gulf of Mexico on the west to the Hillsborough County line on the east. The System
is in the process of extending gas mains and services into a 117 square mile service territory in
southwestern Pasco County which will extend from the Gulf of Mexico on the west inland
approximately ten miles to just west of State Road 41 and Land Q'Lakes (generally along the
nght-of-way for the proposed North Suncoast Parkway) and from the Pinellas and Hlllsborough
County lines on the south to generally State Road 52 on the north. Within the current service
boundaries, there is significant opportunity for growth because the System already has installed
approximately 515 miles of gas main in the current Pinellas County service area with only slightly
greater than a 5 % customer saturation. There is also significant opportunity to expand into the
developing areas of southwestern Pasco County. In total the service territory encompasses
19
approximately 252 square miles with a service population of over 600,000 people. The service
area is bordered on the south, east and north by Peoples Gas System, Inc., an investor-owned gas
utility .
As of S~tember 30, 1995, the latest date as of which the information is readily available,
the System's active natural gas customers were located as shown in the following table:
Location Meters Percenta2e
Belleair 260 2.3%
Belleair Beach 24 0.2
Belleair Bluffs 13 0.1
Clearwater 6,453 56.1
Dunedin 975 8.5
Indian Rocks Beach 12 0.1
Largo 1,176 10.2
Oldsmar 24 0.2
Safety Harbor 508 4.4
T~n Springs 371 3.2
Unmcorporated Areas 1,687 .JA.1
Total 11,503 100.0%
The System provides service to firm (non"interruptible) and interruptible classes of
customers. The System derives less than two percent of its revenues from its largest firm
customer.
The following table shows the five largest interruptible customers by peak monthly
consumption and the percent of the System IS revenues derived from such customers during the 12
months ending September 30, 1995:
Customer Name
Peak
Monthly Therms
% of
Gross Revenues
National Linen Services, Inc.
Morton F. Plant Hospital (1)
Metal Industries, Inc.
Clearwater Linen & Uniform
Supply, Inc.
Mease Hospi tal
77,418
54,610
66,672
27,999
28,388
3.9
2.9
2.0
1.2
1.1
The System's customers have grown in the past six years from 10,490 in September of
1989 to 12,705 in March of 1996. The System's 12,705 customers represent a market penetration
of approximately 5 %, providing an opportunity for continued customer growth within the existing
service area.
The following table shows the breakdown of the System I s customers by category as well
as the volume of gas sold and the sales revenues generated by each category for the fiscal year
ending September 30, 1995:
20
"" ,'. ). -- "-.-----. ---. -....--.--- ." , - "
Interruptible
Residen tial
Commercial
8
9,551
1,929
Gas
~
18.4%
22.1 %
59.5%
Gas
Sales
12.8%
23.8%
63.4%
A verage No.
Customers
Clearwater Gas Strategic Plan
The management of the Clearwater Gas System developed a comprehensive" 1995-2002
Strategic Plan" which was presented to the City of Clearwater Commission on May 16, 1996.
This Strategic Plan provided three (3) strategic opportunities:
1.
Accelerate growth in Pinellas County - this is projected to add an additional
5,300 new customers by the year 2002;
Expand gas service into Pasco County - this is projected to add an
additional 4,500 new customers by the year 2002; and
Develop new Gas Markets - this would allow the System to expand services
into new market opportunity areas such as natural gas vehicles and gas air
conditioning.
The City Commission approved the Strategic Plan in its entirety and began the process of
authorizing a total of $40.5 million in Gas Revenue Bonds to fund the Strategic Plan. The Series
1996 Bonds are the first issue of bonds required to implement the funding for the overall Strategic
Plan .
2.
3.
Future Projects
The Strategic Plan projects future bond issues to be funded by the Gas System Revenue
Bonds as follows:
Series Future
1996 Additional
Lon~ Ran~e Strategic t'lan BondJssues (1995-2002) TOTAL Bonds Bonds
(in millions)
Pinellas County Gas Main & Service Extensions $7.54 $.83 $ 6.71
Pinellas IffiErovements 2.62 .36 2.26
Pinellas Re ocation 6.58 1.32 5.26
Pinellas Land, Bldg. & Equip 1.71 .07 1.64
Pasco County Gas Main & Service Extensions & LP 14.63 5.42 9.21
Pasco Relocation .43 0 .43
Pasco Land, Bldg. & Equip .L.22 ...il u.a
Subtotal Net Capital Requirements for Strategic $35.50 $8.51 $30.80
Plan Expansion
Allowance for Bond Expenses & Debt Service 5.00 ...Ll2
Reserve Fund ..l..Bl
Total Gas Revenue Bond Issues Projected $40.50 $9.70 $26.75
21
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Pasco County Territorial Dispute
On June 21, 1994, Peoples Gas System, Inc., petitioned the Florida Public Service
Commission (FPSC) to resolve a territorial dispute between Peoples Gas System (" PGS") and the
Clearwater Gas System relating to the Pasco County service territory. PGS asked the FPSC to
deny the System the Pasco County territory and to certify the area for PGS. The dispute was
settled in the spring of 1995, with the settlement providing the System with 117 square miles of
expanded service territory in southwestern Pasco County. However, the settlement also precl udes
the System from expanding to the north and east in Pasco County, which service areas were
assigned to PGS.
Environmental Remediation Costs; Environmental Imposition Rate Adjustment
In December 1993, the Florida ~ment of Environmental Protection ("FDEP") informed
the City that it intended to pursue an mvestigation of the City of Clearwater Manufactured Gas
Plant (the "Former Plant") site which was located from the 1920's through about 1960 at the
current site of the System's Administrative Offices and Pinellas Operations Center. The main
components of the Former Plant were removed between 1960 and 1985 and the site is currently
paved. An initial investigation by the Federal Environmental Protection Agency in the late 1980's
determined that no serious health hazards existed at this site but referred it to the FDEP for future
monitoring.
During 1995, the System completed the required Comprehensive Assessment Plan (CAP) and
removed two fuel oil storage tanks found during the 1995 site investigation. In 1996 the System
will continue the site investigation for possible contamination, which may include contamination
from the operations of not only the Former Plant but also the City Fleet Maintenance Facility,
City Incinerator and City Paint Shop which were all located on this SIte over the years. CGS also
plans to abandon several existing gas mains which are located on the site and have experienced
leakage problems in recent years.
The City has retained the services of both an environmental attorney and an environmental
consultant to assist with the site investigation. The City has negotiated through its environmental
attorney an interlocal agreement with the FDEP to facilitate a review of the site investigation
findings. The interlocal agreement was ratified by the City Commission on March 7, 1996, and
is awaiting approval by the FDEP.
Although the System operated the Former Plant in full compliance with all then-applicable
environmental rules, the current review is being undertaken under more stringent environmental
requirements imposed in recent years to ensure that any contamination at the site will not
adversel y affect the water supply.
Environmental Consulting & Technology, Inc. (ECT) of Tampa, Florida, has been retained
as the System's environmental consultant. During 1995 ECT, with the assistance of the Syste.m's
crews, drilled holes and excavated a small segment of the Former Plant site in order to prepare
the CAP. ECT submitted a revised Contamination Assessment Plan ("CAP") to FDEP on
November 2, 1995. While there has been a conceptual agreement on the CAP, to date, no final
FDEP approval has been received.
At this time, it is not possible to estimate the cost of cleaning up the site as the amount or type
of contamination is unknown at this time. The cost of the investigation and result.ing remediation
of the site will be funded through an Environmental Imposition Adjustment (EIA) applicable to
all finn standard natural gas therm rates and standard propane (LP) gallon rates. The EIA permits
the System to recover the cost of environmental costs Imposed on the System by federal, state and
22
local regulatory agencies. The current EIA is $0.005 per therm or gallon of usage which has been
collected since October 1, 1995. Through January 1996, $22,948.24 of the total $135,778.33 of
environmental costs actually expended has been recovered through the ErA.
MUNICIPAL BOND INSURANCE
The following information has been furnished by [Insurer) (the "Insurer") for use in this
Official Statement. Reference is made to Appendix E for a specImen of the Insurer's policy.
THE CITY AND PINELLAS COUNTY
The City is a municipal corporation organized and existing under the laws of the State of
Florida. The City is located in the middle of the west coast of Florida on the Gulf of Mexico and
has a population of 102,590 as of 1995. Its City limits comprise approximately 26.3 square miles
of land and 8.5 square miles of waterways and lakes.
The City is governed by a City Commission and operates under a Commission-Manager
form of government. The City Commission appoints a full-time City Manager and a full-time
City Attorney. A full-time Director of Finance has the responsibility for all financial operations
of the City, and is appointed by the City Manager. Also, an internal audit director is appointed
by the City Manager and serves full time.
The Ci~ is primarily a resort and residential community. The City has many recreational
facilities includmg tennis, golf, boating, fishing, water sports, and recreatIOnal paths. During the
winter months, the hotels, motels, and restaurants fill with visiting tourists and winter residents.
The City offers over 42 acres of public beach front.
The City of Clearwater and the other municipalities served by the System are located in
Pinellas County, Florida. Pinellas County is the second smallest county in the state in land mass,
but is the fourth most populated county in Florida and the most densely populated with nearly
870,722 residents. Major private employers in Pinellas County include an electric utility holding
company, a television merchandiser, several hospitals, a newspaper publisher, and a retailer's
corporate headquarters. Tourism is the largest industry in Pinellas County.
Further information on the City is contained in Appendix A - "GENERAL
INFORMATION RELATING TO THE CITY OF CLEARWATER, FLORIDA."
23
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Fiscal Year Ending
Gross Revenues (1)
Cost of 9;>eration
and MaIntenance (1)
Net Revenues
Maximum Annual
Debt Service (2)
Coverage of Projected
Maximum Annual Debt
Service by Net Revenues
.l223
$12,562,105
2.3M.2.8l
3,197,124
~
$13,316,619
10,220. 1M.
3,096,455
.l22i
$13,672,905
]Or555,346
3,117,559
HISTORICAL COVERAGE OF MAXIMUM DEBT SERVICE BY THE SYSTEM NET
REVENUES
(l) City of Clearwater, Annual Financial Reports (Audited).
(2) Aggregate Debt Service for Series 1996 Bonds and Parity Bonds.
RA TINGS
Moody's Investors Service, Inc. and Standard & Poor's Corporation have assigned the
Series 1996 Bonds ratings of " "and" ", respectively, to the Series 1996 Bonds [with the
understanding that an insurance policy insuring the payment when due of the principal of and
interest on the Series 1996 Bonds will be issued by the Insurer]. Such ratings reflect the views
of the rating agencies and an explanation of the sigmficance of such ratings may be obtained only
from the rating agencies fumlshin~ the same. There is no assurance that such ratings may be
continued for any given period of time or that they will not be revised downward or withdrawn
entirely by such rating agencies, if in its judgment, circumstances so warrant. Any such
downward revisions or withdrawal of such ratings may have an adverse effect on the market price
of the Series 1996 Bonds. For any additional description of ratings and their meanings, Moody's
Investors Service, .Inc. and Standard & Poor's Corporation should be contacted.
LEGALITY
Certain legal matters in connection with the issuance of the Series 1996 Bonds are subject
to the approval of Bryant, Miller and Olive, P .A., Tallahassee, Florida, Bond Counsel, whose
Bond Counsel opinion will be available at the time of delivery of the Series 1996 Bonds. The
proposed form of such opinion of Bond Counsel is attached to this Official Statement as Exhibit
D. Certain legal matters will be passed upon for the City by Pamela K. Akin, Esquire, City
Attorney and by its disclosure counsel, Nabors, Giblin & Nickerson, P.A., Tampa, Florida.
TAX EXEMPfION
The Internal Revenue Code of 1986, as amended (the "Code") establishes certain
requirements which must be met subsequent to the issuance and delivery of the Series 1996 Bonds
in order that interest on the Series 1996 Bonds be and remain excluded from gross income for
purposes of federal income taxation. Non-compliance may cause interest on the Series 1996
Bonds to be included in federal gross income retroactive to the date of issuance of the Series 1996
25
g
Bonds, regardless of the date on which such non-compliance occurs or is ascertained. These
requirements include, but are not limited to, provisions which prescribe yield and other limits
within which the proceeds of the Series 1996 Bonds and the other amounts are to be invested and
require that certain investment earnings on the foregoin~ must be rebated on a periodic basis to
the Treasury Department of the United States. The CIty has covenanted in the Ordinance to
comply with such requirements in order to maintain the exclusion from federal gross income of
the interest on the Series 1996 Bonds.
In the opinion of Bond Counsel, assurrUng compliance with the aforementioned covenants,
under existing laws, regulations, judicial decisions and rulings, interest on the Series 1996 Bonds
is excluded from gross income for purposes of federal income taxation. Interest on the Series 1996
Bonds is not an item of tax preference for purposes of the federal alternative minimum tax
imposed on individuals or corporations; however, interest on the Series 1996 Bonds may be
subject to the alternative minimum tax when any Bond is held by a corporation. The alternative
minimum taxable income of a corporation must be increased by 75 % of the excess of such
corporation's adjusted current earnings over its alternative minimum taxable income (before this
adjustment and the alternative tax net operating loss deduction). "Adjusted Current Earnings" will
include interest on the Series 1996 Bonds. The Series 1996 Bonds are exempt from all present
intangible personal property taxes imposed pursuant to Chapter 199, Florida Statutes.
Except as described above, Bond Counsel will express no opinion regarding the federal
income tax consequences resulting from the ownership of, receipt or accrual of interest on, or
disposition of Series 1996 Bonds. Prospective purchasers of Series 1996 Bonds should be aware
that the ownership of Series 1996 Bonds may result in collateral federal income tax consequences,
including (i) the denial of a deduction for interest on indebtedness incurred or contInued to
purchase or carry Series 1996 Bonds, (ii) the reduction of the loss reserve deduction for property
and casualty insurance companies by 15 % of certain items, including interest on the Senes 1996
Bonds, (ill) for taxable years beginnmg before January 1, 1996, the inclusion of interest on Series
1996 Bonds in "modified alternative minimum taxable income" for purposes of the environmental
tax imposed on corporations, (iv) the inclusion of interest on the Senes 1996 Bonds in earnings
of certain foreign corporations doing business in the United States for purposes of a branch profits
tax, (v) the inclusion of interest on Series 1996 Bonds in passive income subject to federal income
taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close
of the taxable year, and (vi) the Inclusion of interest on the Series 1996 Bonds in "modified
adjusted gross income" by recipients of certain Social Security and Railroad Retirement benefits
for purposes of determining whether such benefits are included In gross income for federal income
tax purposes.
PURCHASE, OWNERSlllP, SALE OR DISPOSITION OF THE SERIES 1996 BONDS
AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON tvlA Y HA VB ADVERSE
FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE
BONDHOLDERS. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR
TAX SPECIALISTS FOR INFOR~1ATION IN THAT REGARD.
During recent years legislative proposals have been introduced in Congress, and in some
cases enacted, that altered certain federal tax consequences resulting from the ownership of
obligations that are similar to the Series 1996 Bonds. In some cases these proposals have
contained provisions that altered these consequences on a retroactive basis. Such alteration of
federal tax consequences may have affected the market value of obligations similar to the Series
1996 Bonds. From time to time, legislative proposals are pending which could have an effect on
both the federal tax consequences resulting from ownership of Series 1996 Bonds and their market
value. No assurance can be given that legislative proposals will not be introduced or enacted that
would or might apply to, or have an adverse effect upon, the Series 1996 Bonds.
26
UNDERWRITING
Tax Treatment of Original Issue Discount
Under the Code, the difference between the maturity amounts of the Series 1996 Bonds
maturing in the years through , inclusive, and the initial offering price to the public,
excluding bond houses, brokers or similar persons or organizations acting in the capacity of
underwriters or wholesalers, at which price a substantial amount of Series 1996 Bonds of the same
maturity was sold is "original issue discount." Original issue discount will accrue over the term
of such Series 1996 Bonds at a constant interest rate compounded periodically. A purchaser who
acquires such Series 1996 Bonds in the initial offering at a price ~ual to the initial offering price
thereof to the public will be treated as receiving an amount of mterest excludable from gross
income for federal income tax purposes equal to the original issue discount accruing during the
period he holds such Series 1996 Bonds, and will increase his adjusted basis in such Series 1996
Bonds by the amount of such accruing discount for purposes of determining taxable gain or loss
on the sale or other disposition of such Series 1996 Bonds. The federal income tax consequences
of the purchaser, ownershi!, and redemption, sale or other disposition of Series 1996 Bonds which
are not purchased in the imtial offering at the initial offering price may be determined according
to rules which differ from those above. Owners of such Senes 1996 Bonds should consult their
own tax advisors with respect to the precise determination for federal income tax purposes of
interest accrued upon sale, redemption or other disposition of Series 1996 Bonds and with respect
to the state and lC>cal tax consequences of owning and disposing of Series 1996 Bonds.
The Series 1996A Bonds are being purchased by the Underwriters from the City at an
aggregate purchase price of $ (par less underwriter's discount and original issue discount on
certain of the Series 1996A Bonds), plus accrued interest on the Series 1996A Bonds. The
Underwriters are jointly and severally obligated to purchase all the Series 1996A Bonds if any are
purchased. Following the initial public offering, the public offering prices may be changed from
time to time by the Underwriters.
The Series 1996B Bonds are being purchased by the Underwriters from the City at an
aggregate purchase price of $ (par less underwriter's discount and original issue discount on
certain of the Senes 1996B Bonas), plus accrued interest on the Series 1996B Bonds. The
Underwriters are jointly and severally obligated to purchase all the Series 1996B Bonds if any are
purchased. Following the initial public offering, the public offering prices may be changed from
time to time by the Underwriters.
The Series 1996 Bonds may be offered and sold to certain dealers (including underwriters
and other dealers depositing such Bonds into investment trusts) and others at prices lower than the
public offering prices set forth on the cover page of this Official Statement.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45, Florida Statutes, the City adopted a written
investment poli9' which applies to all funds held by or for the benefit of the City Conumssion (except
for proceeds of bond issues which are deposited in escrow and debt service funds and governed by
theIr bond documents) and funds of Constitutional Officers and other component units of the City.
27
.... . - -_..-~_.~- -. .
The objectives of the investment policy, listed in order in order ofimportance, are:
1.
2.
3.
Safety of principal
ProVIsion of sufficient liquidity
Optimization of return within the constraints of safety and liquidity
The investment policy limits the securities eligible for inclusion in the City's portfolio. The
City will attempt to maintain a weighted average maturity of its investments at or below three years;
however~ the average maturity of investments may not exceed four years.
To enhance safety, the investment policy r~uires the diversification of the portfolio to reduce
the risk of loss resulting from over-concentration of assets in a specific class of security. The
investment policy also requires the preparation of periodic reports for the City Commission of all
outstanding secunties by class or type, book value, income earned and market value as of the report
date.
Notwithstanding the foregoing, moneys held in the funds and accounts established under the
Ordinance may be invested only in Pennitted Investments, as described in the Ordinance.
VALIDA TION
The Series 1996A Bonds were validated pursuant to Chapter 75, Florida Statutes, by
judgment rendered on (Validation Date], of the CircUlt Court of the Sixth Judicial Circuit, in and for
Pinellas County, Flonda. The time for filing an appeal of said judgment has expired with no such
appeal having been filed.
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 1996 Bonds under the Ordinance (and
the policy of municipal bond insurance referred to herein) are in many respects dependent upon
judicial actions whicn are often subject to discretion and delay. Under existlOg constitutional and
statutory law and judicial decisions, including specifically Title 11 of the United States Code, the
remedies specified by the Federal Bankruptcy Code, the Ordinance and any policy of municipal
bond insurance referred to herein may not be readily available or may be limited. The various
legal opinions to be delivered concurrently with the delivery of the Senes 1996 Bonds (including
Bond Counsel's approving opinion) will be qualified, as to the enforceability of the various legal
instruments, by lImitations Imposed by bankruptcy, reorganization, insolvency, or other similar
laws affecting the rights of creditors or by such {Jrinciples of equity as the court having jurisdiction
may impose with respect to certain remedies whIch require or may require enforcement by a court
of equity.
LITIGATION
There is no litigation or controversy of any nature now pending or threatened (i) to restrain
or enjoin the issuance, sale, execution or delivery of the Series 1996 Bonds or (ii) in any way
questioning or affecting the validity of the Series 1996 Bonds, the Ordinance, any proceedings of
the City taken with respect to the authorization, sale or issuance of the Series 1996 Bonds or the
pledge or application of any moneys provided for the payment of the Series 1996 Bonds, including
the Net Revenues of the System.
The City is a party from time to time in various law suits involving the City generally, and
believes that none of the actions currently pending will have a material effect upon the finances
of the City or of the System.
28
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GENERAL PURPOSE FINANCIAL STATEMENTS
The excerpts from the General Purpose Financial Statements and other information of the
City for the fiscal year t;nded September 30, 1995, are included in Ap~ndix B to this Official
Statement. Such excerpts from the City's Comprehensive Annual FinanCIal Report, including the
auditor's report thereon, have been included 10 this Official Statement as public documents and
consent from the auditors was not requested. The auditors have not performed any services
relating to, and are therefore not assocIated with, the issuance of the Series 1996 Bonds.
FINANCIAL ADVISOR
The City has retained Raymond James & Associates, Inc., St. Petersburg, Florida, as
financial advisor (the "Financial Advisor") to the City in connection with the preparation of the
City's plan of financing and with respect to the authorization and issuance of the Series 1996
Bonds. Althou~h the Financial Advisor assisted in the preparation of this Official Statement, the
Financial AdVIsor has not undertaken to make an independent verification or to assume
responsibility for the accuracy, completeness or fairness of the information contained in this
Official Statemen 1.
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance of the Series
1996 Bonds. These advisors and consultants are compensated from a portion of the proceeds of
the Series 1996 Bonds, identified as "Costs of Issuance" under the heading "ESTIMA TED
SOURCES AND USES OF FUNDS" herein; and other compensation, is, in some instances,
contingent upon the issuance of the Bonds and the receipt of the proceeds thereof.
FinancUi/ Advisor. The City has retained Raymond James & Associates, Inc., St.
Petersburg, Florida, as financial advisor (the "Financial Advisor") in connection with the
preparation of the City's plan of financing and with respect to the authorization and issuance of
the Series 1996 Bonds. The fees of the Financial Advisor will be paid from proceeds of the Series
1996 Bonds and such payment is contingent upon the issuance of the Series 1996 Bonds.
Bond Counsel. Bryant, Miller and Olive, P.A., Tallahassee, Florida represents the City
as Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds, and such
payment is contingent upon the issuance of the Bonds.
Disclosure Counsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida represents the
City as Disclosure Counsel. The fees of Disclosure Counsel will be paid from proceeds of the
Bonds, and such payment is contingent upon the issuance of the Bonds.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial owners of the Series
1996 Bonds to provide certain financial information and operating data relating to the City by not
later than June 1 in each year commencing June 1, 1997 (the "Annual Report"), and to provide
notices of the occurrence of certain enumerated events, if deemed by the City to be material. The
29
..;. -'--~-~"'~-'----- -----. ~-~._..~ ~..._...---_. ~, '
Annual Report will be filed by the City with each Nationally Recognized Municipal Securities
Information Repository ("NRMSIR"), and with the State of Florida Repository, if and when
created. The notices of material events will be filed by the City with the NRMSIR and with the
State of Florida Repository, if and when created. The specific nature of the information to be
contained in the Annual Report or the notices of material events is summarized below under the
caption "APPENDIX E - Summary of Continuing Disclosure Certificate." These covenants have
been made in order to assist the Underwriters in complying with S.E.C. Rule 15c2-12(b)(5). The
City has never failed to comply in all material respects with any previous undertakings with regard
to said Rule to provide annual reports or notices of material events.
MISCELLANEOUS
All information included herein has been provided by the City, except where attributed to
other sources. The summaries of and references to all documents, statutes, reports and other
instruments referred to herein do not purport to be complete, comprehensive or definitive, and
each such reference or summary is qualified in its entirety by reference to each such document,
statute, report or other instrument. Copies of all such documents referred to herein are on file
with the City Clerk of the City at 112 South Osceola Avenue, Clearwater, Florida 34616. The
information herein has been compiled from official and other sources and, while not guaranteed
by the City, is believed to be correct. As far as any statements made in this Official Statement
and the appendices attached hereto involve matters of opinion or of estimates, whether or not
expressly stated, they are set forth as such and not as representations of fact and no representation
is made that any of the estimates will be realized.
AUTHORIZATION OF AND CERTIFICATION
CONCERNING OFFICIAL STATEMENT
The delivery of this Official Statement has been authorized by the City. Commission.
Concurrently with the delivery of the Series 1996 Bonds, the undersigned WIll furnish their
certificate to the effect that, to the best of their knowledge, this Official Statement did not as of
its date, and does not as of the date of delivery of the Series 1996 Bonds, contain any untrue
statement of a material fact or omit to state a material fact which should be included therein for
the purpose for which this Official Statement is to be used, or which is necessary in order to make
the statements contained therein, in the light of the circumstances in which they were made, not
misleading.
CITY OF CLEARWATER, FLORIDA
By:
Mayor-Commissioner
By:
City Manager
30
~.\"~'''' l".' ': '.'
APPENDIX A
GENERAL INFORMATION RELATING TO
THE CITY OF CLEARWATER, FLORIDA
APPENDIX A
> ,
GENERAL INFORMA nON
RELATING TO THE CITY OF CLEARWATER, FLORIDA
Location
The City of Clearwater (the "City"), the county seat of Pinellas County (the fifth most populous county in
Florida), is geographically located in the middle of the west coast of Florida on the Gulf of Mexico. It is situated
approximately 22 miles west of Tampa and 16 miles north of St. Petersburg. Standing on the highest coastal elevation
of the State, the City limits comprise approximately 26.3 square miles of land and 8.5 square miles of waterways and
lakes.
Clearwater Beech, a corporate part of the City, is a beach community connected to the mainland by Memorial
Causeway, a four-lane, toU-free drive stretching almost two miles across Clearwater Harbor. Business on Clearwater
Beach is mainly tourist oriented, with hotels, motels and gift shops. Many fine homes, apartments and condominiums
offer pleasant, semi-tropica1 island accommodations to permanent residents and winter and summer visitors.
History
The area. now known as Clearwater was first explored in 1528 by PanfiJe de Narvaez, a Spanish explorer who
encountered a large tnbe of Indians, which his anny drove out. The Indians recaptured their territory and held it until
the Seminole Wars of 1835-42. Tbe Indians who inhabited this area are said to have called it · Pocotopaug , " meaning
.clear water," for the many springs of clear, fresh water that bubbled along the shore and even below the waterline at
low tide.
Settlers began moving into the area around the time of the Seminole Wars. After the wars ended, the territory
was opened by the Federal government for homesteading under the Armed Occupation Act. The first land title was
granted in 1842. The early settlement, named "Clear Water Harbor," was incorporated in 1897. "Clear Water" later
became ODe word and "Harbor" was dropped in 1906 when Pinellas County was created by an act of the State Legislature.
In May 1911, Clearwater became the County Seat and Clearwater was chartered as a municipality on May 27, 1915.
Government and Administration
Clearwater bas a commission-city manager form of government. Four commissioners and a mayor-<:ommissioner
are elected at large to serve overlapping three-year tenns. Tbey appoint the city manager and the city attorney. All other
administrative and professional positions are appointed by the city manager in accordance with the City's Civil Service
System.
The City bas approximately 1,600 employees, covered by the City's Civil Service law relating to recruitment,
promotion, evaluation and discipline based on merit principles. Four employee unions represent the City's civil labor
force: two units of the Fraternal Order of Police; one of the International Association of Fire Fighters; and one from the
Communications Workers of America.
Transportation
PinelJas County and Clearwater are served by three major causeways and bridges over Tampa Bay, by U.S. 19
and 1-275 to the north and south, by 1-4 and U.S. 60 to the east. State Roads 590, 686 and '55 also afford access to the
City.
Tampa International Airport, located approximately twenty miles from downtown Clearwater, provides air travel
acce6S with approximately 260 national and international flights daily. Limousine and taxi service to and from the airport
is available from Clearwater and throughout Pinellas County. St. Petersburg/Clearwater International Airport, five miles
from downtown Clearwater, offers regularly scheduled pRSsenger service and charter and special group flights, on a more
~~ - _....-~ ._~--~~ --- -. ~ --
. . . '.' .
limit<<J basis to both c.Iomestic and foreign destinations, particularly to Canada, Mexico. and Central and South America.
Tbe Executive Airpark, which is slightly over a mile from the downtown business section. provides service and
IJUlQvf'OllllCe for private plane owners. The airport has one 3.000 foot hard-surface runway and facilities for visiting and
locally based planes.
The Port of Tampa (22 miles to the east) is the closest deep water port. The port is serviced by a variety of
steemsbip agems and operators. TIle United States Coast Guard maintains an air station at the St. Petersburg/Clearwater
International Airport. and a search and sea rescue cutter station on Clearwater Harbor opposite Sand Key.
Gulf Coast Motor Lines provides service daily between Clearwater. St. Petersburg and Tam.pa and makes
connections with Greyhound and Trailways Bus Lines in Tampa. Scenic tours are available via Gray Line out of
Clearwater and St. Petersburg. and both Gray Line and Gulf Coast have buses for charter. Pinellas Suncoa.st Transit
System mAintains S4 routes in 19 municipalities in Pinellas County.
Utilities, Public Service and Community Facilities
1'be City owns and ~ its own water and wastewater collection systems. Water is obtained from 17 deep
wells owned and operated by the City (approximately 20-25 %) and from wholesale purchases from the Pinellas County
Water System (approximately 75-80%). Total daily average is approximately 14.5 million gallons per day. Tbe
wastewater collection program provides for the transmission of wastewater through the City's underground sewer mains.
collectors and interceptor lines and for the maintenance. repair and replacement of 321.2 miles of sanitary sewer lines.
The Department of Public Works maintains 301.5 miles of paved streets, 3.9 miles of paved alleys and 1.7 miles of
UDp8ved streets. approximately 120 miles of storm sewers. 34 miles of ditches, including storm manholes. catoh basins
and other drainage structures.
Electric power is provided by Florida Power Corporation and telephone service is provided by General
Te1epbooe Company. 1'ime Warner provides cable television service under a franchise with the City. Loca1 editions of
the daily St. Petersburg Times mxl The Tampa Tnbune, plus weekly newspapers from adjacent Dunedin, Largo. Seminole
and Clearwater Beach are widely distnbuted.
1De Clearwater Public Library System consists of a main library and four branches which are spread evenly
throughout the community for easy access. The City offers over 42 acres of public beach front. parks. playgrounds.
athletic courts and fields. pools. a 7.350 seat baseball and softball stadium. golf course. civic and recreational centers.
5 miles of recreational paths, boat ramps and a 210 slip yacht basin and marina. The Philadelphia Phillies conduct spring
training at the municipal baseball stadium and have a long-term contract for farm club training on Clearwater's specially
constructed facilities during the Winter Instructional League Program. Clearwater is the home of the Clearwater
Bombers, a national amateur fastpitch softball team.
Tourism
The State Division of Tourism reported that approximately 41.000.000 tourists came to Florida during 1994.
Approximately 3.891.593 of them visited the Clearwater/St. Petersburg area. Clearwater's Fun 'N Sun Festival each
spring attracts thousands of visitors.
Education
The Pinellas Cowty School System operates 80 elementary schools, 23 middle schools and 15 high schools and
S excepiooal. 27 alternative and 12 vocational schools within the County. In the fall of 1995 there were approximately
102,287 studeUs enrolled in kindergarten through the 12th grade. Private schools and academies are also located within
or near the City limits. The Pinellas County School System offers vocational and adult education at facilities in or
adjacent to the City. In addition, St. Petersburg Junior College has a Clearwater campus. Eckerd College in
St. Pder'sWrg. Beacon College in Largo, Stetson University College of Law in Gulfport, the University of South Florida
and the University of Tampa in Tampa offer nearby college and post-graduate education
A-2
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ladustry, Commerce and Labor
Light, clean industry is encouraged in Clearwater. In 1957, the City of Clearwater developed a 100 acre
DUstriaI parle adjaceot to the Clearwater Airpark (Executive Airport) and to the CSX Transportation Company. There
is also a privately owned, 3S acre industrial park. Large industries located near Clearwater include Honeywell, General
Electric, UNISYS, Concept and Hercules Defense Electronics Systems, Inc.
Pension Plan
Tbe Employees' Pension Plan and the Fireman's Pension Plan are self.administered by the City. As of
SeJtember 30, 1995, the funding of which is being amortized over a 35 year period for the Fireman's Plan, and over a
40 yeU' perkxl for the Employees' Plan (except for a portion of net actuarial deficiency resulting from Plan amendments
approved in December 1978, and from changes in actuarial assumptions which are being funded over 30 year periods).
City COIiributioos for fiscal year 1994-1995 were $2,630,293 to the Employees' Plan and $826,006 to the Fireman's Plan,
aDd wero in accordance with actuarially determined funding requirements.
In addition, supplemental pensions exist for eligible Police and Fire employees, funded from excise taxes OD
gross receipts from premiums on certain insurance policies covering property in Clearwater, collected by the State and
remitted to the City. Neither the City nor the employees contnoute under these plans, Both plans require benefits to be
adjusted to equal funds assets provided by the defined contributions.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Demographic Infonnation
Last Ten Fiscal Years
(a) (b) (c) (d) (e)
Permanent Per Capita Median School Unemployment
Yw PQpulation Income A~e Enrollment Rate (%)
1986 97 ,882 $17,039 Not avail. 10,494 5.3
1987 99,124 17,947 Not avail. 10,797 5.0
1988 100,202 19,317 Not avail. 10,922 4.7
1989 101,082 21,2S5 N~ avail. 10,796 5.3
1990 98,784 21,881 Not avail. 10,732 4.8
1991 99,475 22,059 42.1 11 ,572 6.1
1992 100,166 22,958 42.3 11,921 5.4
1993 100,857 24,470 42.3 11,584 6.1
1994 101,548 26,473 42.9 10,043 5.5
1995 102,590 22.898 42.2 10,284 4.6
(a) 1986-1989, U.S. Bureau of Census estimate; 1990 Census; 1991-1995, University of Florida, Bureau of
Economic and Business Research (estimated as of April 1).
(b) Data is for Pioellas County, but should also approximate Clearwater levels. 1986-1989, U.S. Department of
Commerce, Bureau of Economic Analysis; 1990-1994, Florida Trend Magazine; 1995 University of Florida,
Bureau of Economic and Business Research Statistical Abstract.
(c) Pine1las County level data, but should also approximate Clearwater levels. 1993, St. Petersburg Times Research
Bureau; 1991-1992, U.S. Bureau of the Census; 1994, Sales ROd Marketine MRMeement, Survey of Buying
Power; 1995 University of Florida, Bureau of Economic and Business Research Statistical Abstract.
(d) 1986-1990, Clearwater Planning Department population pro rata estimate of Pinellas County School Board
County level data for public schools; 1991-1994, Pinellas County School Board; 1995 University of Florida,
Bureau of Economic and Business Research Statistical Abstract.
(e) Data is for Tampa/St. Petersburg MSA. Source of data is the Florida Bureau of Labor Market Information.
Published by the Florida Department of Labor and Employment Security.
NOTE: Data is for an unspecified point in each year, not specifically September 30.
A-4
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Property Values, Construction, and Bank Deposits
Last Ten Fiscal Years
'j",
Commercial Constroction Residential Constnlction Miscellaneous Constructionl.)
Fiscal Number Number Number Bank Deposits(\>)
Year of Permits ~ of Pennits ~ of Permits ~ (in thousands)
1986 597 $61,7261247 1,244 $83.486,773 3,005 $ 6,766,508 $13,346,260
1987 626 42,649,623 1,378 46,939,249 4,454 9,198,587 13,898,322
1988 731 45,5101427 1,385 42,150,294 3,411 13,219,492 14,807,126
1989 705 121,5541308 1,127 37,140,105 4,326 22,579,744 15,440,681
1990 782 47,382,330 1,018 74,169,490 4,991 16,983,323 15,600,212
1991 626 24,250,916 1,260 34,937,357 5,906 17,452,664 15,285,415
1992 557 32,7651807 1 , 137 25,956,314 5,940 18,020,294 14,360,597
1993 1 ,693 42,051,081 3,885 29,296,168 6,799 20,113,175 13,853,289
1994 1,831 37, 164A37 3,882 49,950,413 61063 17,922,023 13,274,660
1995 1,775 77,486,099 3,747 53,6141754 6,827 28,843,480 13,362,164
<a> Includes institutions, churches 1 seawalls, pools and non-valued building permits.
(b) Includes balances in commercial, savings, savings and loan, and building and loan banking institutions for
Pinellas CouJiy. Data from the Florida Bankers Association Branch Deposit Report of Florida Bank and Thrift
Institutions .
Ten Largest Private Employers
In Pinellas County
1994
Name of EmplQyer
Type of Business
Number
of Employees
Home Shopping Network
Jack Eckerd Corp.
Morton Plant Hospital
Bayfront Medical Center
Times Publishing Co.
All Children's Hospital
..Mease Hospital
E-Systems
AT& Paradyne
Honeywell Space Systems Group
Merchandising
Drugs and other retail
Hospital
Hospital
Newspaper
Hospital
Hospital
Defense Electronic Systems
Data Communications
i\erospace/J\vionics
5,000
3,375
3,215
2,300
2,000
1,857
1,750
1,700
1,583
1,500
Source: Pinellas County Economic Development Council, 1994.
A-5
Assessed and Estimated Actual Property Valuations
Last Ten Fiscal Years
Assessed Valuations(l)
Fiscal Non-Exempt Personal Other Total Total
Year Real Estate Pl"Qpe~ Property(b) Taxable Exempt(e) Total All
1986 $2,724,424,890 $289,744,250 $586,416 $3,014,755,556 $ 977,758,085 $3,992,513,641
1987 3,080,652,280 313,835,680 817,629 3,395,305,589 1,001,043,393 4,396,348,982
1988 3,270,695,390 349,895,280 545,157 3,621,135,827 1,081,534,811 4,702,670,638
1989 3,388,838,210 352,914,960 484,002 3,742,237,172 1,148,090,371 4,890,327,543
1990 3,485,372,470 370,827,590 484,376 3,856,684,436 1,192,855,367 5,049,539,803
1991 3,745,222,768 378,841,070 500,188 4,124,564,026 1,232,097,193 5,356,661,219
1992 3,799,734,064 379,338,740 509 ,202 4,179,582,006 1,296,139,766 5,475,721,772
1993 3,800,740,889 386,831,160 532,486 4,188,104,535 1,317,255,941 5,505,360,476
1994 3,789,902,836 390,841,880 569,338 4,181,314,054 1,391,537,458 5,572,851,512
1995 3,782,134,930 403,392,150 580,731 4,186,107,811 1,455,095,094 5,641,202,905
(a) Valuation is established by the County Property Appraiser as of December 31 of the calendar year preceding
the beginning of the applicable Fiscal Year of the City that begins October 1 of the following calendar year.
(b) Railroad and Telegraph Companies.
(c) Includes goveJ'llll\P.Z\t.al, educatiooal, qualified religious, literary, scientific, and health care properties and special
exemptions for individual property owners. Qualified property owners are entitled to a $25,000 homestead
exemption based on residency requirement.
Property Tax Levies and Collections
Last Ten Fiscal Years
Percent Percent of
of Total Delinquent
Current Percent of Delinquent Collections Outstanding Taxes to
Fiscal Total Tax Levy Tax TOIAI Tax To Current Delinquent Current
-XaL. Tax Levy Collections. Collected Collections Collections Levy Taxes LeVY
1986 $13,442,331 $13,259,621 98.64 S 12,077 SI3,271,698 98.73 $ 611 ,497 4.55
1987 15,104,352 14,842,656 98.27 6,252 14,848,908 98.31 866,941 5.74
1988 18,093.427 17.855,707 98.69 77 ,643 17,933,350 99.12 1.027,018 5.68
1989 18,999.668 18,818,443 99.05 189,760 19.008,203 100.04 1,018,483 5.36
1990 19,676,174 19,474,325 98.97 35,223 19.509,548 99.15 1,185,109 6.02
1991 21,336,807 21,145,636 99.10 95,735 21,241,371 99.55 1,280,545 6.00
1992 21,369.980 21,075,554 98.62 109,316 21,184,870 99.13 1,387,456 6.49
1993 21,408,489 20,947,194 97.85 199,638 21,146,832 98.78 1,438,116 6.72
1994 21,281.744 21,154,946 99.40 603,226 21,758,172 102.24 946,874 4.45
1995 21,458,160 21,388,692 99.68 159,918 21.548,610 100.42 856.443 3.99
* Collections are reported at the gross amount before any discount allowances.
A-6
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Property Tax Rates - All Direct and Overlapping Governments
(per $1,000 of Assessed Value)
Last Ten Fiscal Years
Downtown County Emcracncy
Fileal Develop- School TranJil Medical
...xw.. ~ menl'" .1lwsl ~ ~ Services ~ IWA1
1986 4.4558 1 . ()()() 7.2450 4.139 .4315 .886 .6955 18.8528
1987 4.4558 1.000 7.5020 4.258 .4536 .931 .7013 19.3017
1988 5.??oo 1. ()()() 7.3370 4.915 .4987 .931 1.2933 20.9750
1989 5 .1 ()()() .250 7.6500 4.909 .5135 .931 l.3n5 20.7310
1990 5 .1 ()()() .860 8.5330 5.280 .5743 1.060 .9617 22.3690
1991 5.2037 1 . ()()() 8.7660 5.234 .5743 .700 1.0964 22.5744
1992 5.1158 1 . ()()() 8.6260 5.495 .5893 .700 1.1560 22.6821
1993 5.1158 J . ()()() 9.??oo 5.417 .5893 .850 1.1820 23.1541
1m 5.1158 1 . ()()() 9.0820 5.429 .6697 .872 1.4221 23.5906
1995 5.1158 1. ()()() 9.3590 5.585 .6697 .806 I .6308 24.1663
<a) A separate taxing district established by referendum which affects only downtown properties.
(b) Other includes Pinellas County Planning Council (.0256); Juvenile Welfare Board (.7822); SW Florida Water
Management District (.4220); Pinellas Anclote River Basin (.2650).
Ten Largest Taxpayers
Year Ended September 30, 1995
TaJt~ers
'lYve of Business
Assessed
Value
Percentage
to Total
Assessed
Value
Bellwether Prop. LP Ltd.
MacLean, Aubrey
Taylor, John S. ill
Sand Key Association Ltd.
Sylvan Abbey
Equitel
H R E Properties
Duff, Andrew R.t Trustee
Branch Sunset Association
MAS One L TD Partnership
Shopping Center
Shopping Center
Landowner
Hotel
Adult Congregate Facility
Motels
Shopping Center
Hotel & Plaza
Shopping Center
Office Building
$74,854,700
60,028,200
32,015,200
19,305,500
18,296,000
16,185,800
14,907,000
14,392,500
14,344,500
14.133.800
1.98%
1.59
.85
.51
.48
.43
.39
.38
.38
~
Subtotal
All Others
Total
278,463,200
3.503.671.730
$3.782.134.930
7.36
22M
100.00
Source: Pinellas County Property Appraiser, 1994 tax roUs for 1995 collections.
A-7
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City or Cleanvater, Florida
Ratio or Net General Bonded Debt to Taxable Assessed Value
and Net Bonded Debt Per Capita
Last Ten Fiscal Years
Ratio of Net Net
Taxable Net General General
Assessed General BoodedDebt Bonded
Fiscal Value Bonded To Assessed Debt
Year PQpUlation (000) Debt(l ) Value Per CQpita
1986 fJ1 ,882 $3,014,756 $3,657,278 .12 37.36
1987 99,124 3,395,306 3,037,117 .09 30.64
1988 100,202 3,621,136 2,395,290 .07 23.90
1989 101,082 3,742,237 1,723,137 .05 17.05
1990 98,784 3,856,684 1,036,234 .03 10.49
1991 99,612 4,124,564 567,950 .01 5.70
1992 99 ,856 4,179,582 452,779 .01 4.53
1993 100,857 4,188,105 348,478 .01 3.46
1994 101,548 4,181,314 242,700 .01 2.39
1995 102,590 4,186,108 133,597 .00 1.30
(1) Gross general bonded debt less amounts on deposit in sinking funds or debt service funds.
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Assessed VaJuation of Non-Exempt Real Estate(.)
$ 3,782,134,930
City of Clearwater, Florida
Computation or Legal Debt Margin
September 30, 1995
Times: Twenty Percent Limitation per City Charter
x
.20
Equals Legal Indebtedness Limitation
S 756.426.986
Debt Outstanding Subject to City's Legal Debt Margin
September 30, 1995
Gross Debt
Less Sinking
Furxl Assets
Net Debt
Subject to
Limitation
General Obligation Bonds:
1978 Series
$ 450,000
$ 316,403
$ 133,597
Revenue Bonds:
1985 Public Service Tax and
Bridge Revenue Bonds
1991 Gas System Revenue Bonds
2,020,000 830,446 1,189,554
26,565,063 5,321,335 21,243,728
51,160,000 8,058,500 43,101,500
300,000 193,362 106,638
7,510,000 721,030 6,788,970
8,110,000 1,076,443 7,033,557
10,720,000 194,988 10,525,012
1988 Water and Sewer Revenue Bonds
1993 Water and Sewer Revenue Bonds
1983 Parking Revenue Bonds
1994A Gas System Revenue Bonds
1995 Improvement Revenue Bonds
1986 Community Redevelopment Agency Tax
Increment and Lease Revenue Bonds
1,610,000
622,455
987,545
1987 Community Redevelopment Agency Tax
Increment Revenue Bonds
315,000
175,845
139,155
Notes, Mortgages and Contracts
9.007.703
661.790
8.345.913
Totals
$117.767,766
$18.172.597
$99.595.169
Legal Indebtedness Margin
$656.831.817
(a) Valuation listed is from 1994 tax year for 1995 coUections.
A-9
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Pinellas County School Board
4,114,728
14.00*
576.062
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City or Clearwater, Florida
Computation or Direct and Overlapping Debt
September 30, 1995
OovemmentJIl Unit
Net Debt
Outstandini
Applicable to
City of Clearwater
Percent Amount
City of Clearwater
$ 450,000
100.00%
$450,000
Total $.1 .026.06~
.Applicablo Net Debt Percentage is based on ratio of City to County Taxable values for 1995 collections
($3,782,134,930/$27,021,60 7.185)
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City or Cleanvater, Florida
Gas Revenue Bonds Coverage
Last Ten Fiscal Years
Fiscal Gross
Yw Revenues(f\) Expenses (b)
1986 $7,892,518 $6,668,975
1987 8,967,911 7,205,277
1988 9,467,621 7,240,106
1989 9,170,280 7,268,388
1990 9,566,159 7,444,007
1991 9,865,958 7,977,703
1992 11,586,605 8,116,051
1993 12,562,105 9,364,981
1994 13,316,619 10,220,164
1995 13,672,905 10,555,346
Fiscal Debt Service Requirements
Yw Principal Interest LwU
1986 $70,000 $664,875 $734,875
1987 75,000 660,675 735,675
1988 75,000 655,800 730,800
1989 80,000 850,550 730,550
1990 90,000 644,550 734,550
1991 95,000 637,620 732,620
1992 488,020 488,020
1993 488,020 488,020
-.;
1994 488,020 488,020
1995 150,000 978,195 1,128,195
Net Revenues
Available for
Debt Service
$1,223,543
1,782,634
2,227,513
1,901,892
2,122,152
1,888,255
3,470,554
3,197,124
3,096,455
3,117,559
Covern ~e
1.66
2.42
3.05
2.60
2.89
2.58
7.11
6.55
6.34
2.76
(a) Includes interest earnings and gross revenues from Gas System.
(b) Excludes depreciation (and similar noncash expenses), amortization of bood discount and issue costs, bood
interest, and reserve adjustments.
Note: In September, 1991, the City issued $7,680,000 Gas System Revenue Bonds, Series 1991, to finance tbe cost
ofadvanced refwxling $7,100,000 Gas System Revenue Bonds, Series 1983 and to pay certain costs of issuance
of tile 1991 boIxIs. In ~r, 1994, the City issued $8,110,000 Gas System Revenue Bonds, Series 1994A,
for additions, extensions, supplements or replacements of the existing gas system in PineIJas County, Florida.
Approximately $1,340,000 is to be used to develop new gas markets.
A-ll
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APPENDIX B
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EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA
GENERAL PURPOSE FINANCIAL STATEMENTS
AND OTHER INFORMA nON FOR
THE FISCAL YEAR ENDED SEPTEMBER 30, 1995
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APPENDIX C
SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE
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APPENDIX D
FORM OF CONTINUING DISCLOSURE AGREEMENT
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APPENDIX E
FORM OF BOND COUNSEL OPINION
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APPENDIX F
SPECIMEN BOND INSURANCE POLICY
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APPENDIX G
SCHEDULES OF RATES
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Rat. OrouDlnOI
IUbmI Gal SIMce Ratts
fltelidential (1-3 Unita). RS
Cu810mer Charge .
Hon-FueI The"" Charge .
SrMI M~Famly (4+ units). SMF
CYItomer Charge .
~uoI The"" Charge .
IiId.n M~Famly (4+ unllI) - MMF
CuslDmtr Charge .
Hon-FueI Therm Charge .
L.wge M~Famly (4+ unIta). I.MF
Cus10mer Charge .
Hon-FueI The"" Charge .
SrMI c;.MtaI SeMoe . SGS
Cuatomer Charge .
Hon-F uti The"" Charge .
Medium c;.neral SeND . MGS
Customer Charge I
Non-FueI The"" Char;e .
L.wge c;.Mral Service - LGS
Cuatomtr Charge I
Non-FueI Therm Charge I
InIwruptible Service - IS
Cus10mer Charge
Non-FueI Therm Charge .
S1rMt Lighting with Maintenance - SLM
Customer Charge
Non-Fuel Therm Charge
StrMt Lighting with no Maintnanc:e - SLN
Customer Charge .
~Fuel Therm Charge .
NaturII Gu Vehic:fe Fueling -NGV
Customer Charge I
Non-FueI Therm Charge I
Residentill AIr Conditioning - RAC
Customer ChIlrge
Non-FueI Therm Charge
General ItJr Conditioning (0.148 tonal - GAC
Cuatorntr Charge
Non-FueI Therm Charge
La,. Nt Conditioning (150+ tona) - LAC
Cus10mer Charge
Non-Fuel Therm Charge
Emervtncy GentrlltorlStandby Service . NSS
Customer Charge S
Non-Fuel Therm Charge S
PI'ooanl (L" Gn SIlVie. Rlt..
Residential LP (1 - unlta) - RLP
~r Charge S
~FueI G.llon Charge I
MUlj.famly LP (4+ unltl) . MLP
Cultofl"ltr Charge I
~FueI G.llon Charge I
General Service LP . GLP
Cus1.omet Charge I
Non-F..... GaDon Charge I
Larve LP - LLP
Customer Cl\arge I
Non-Fuel Gallon Charge I
LP Vthlc:ie Fueling. LPV
Customer Char;. I
Non-FueI Gallon Charge S
LP Emergency GtneratorlStandby SY'C.' LPS
Customer Charge
Non-FueI Gallon Charge
CLEARWATER GAS SYSTEM
PftOPOSED PHASE"''' RATES
~ I Phas." Incftut ~ III Inc,.....
.2W.LII .t.Ol.UH to.c,..UI) ~ lDK,.a..)
~~r
lID 'O/1ItS
1.00 It) I 5.00 . '.00 .
O.SO I 0.48 . 0.53 .
1.00 It) I 15.00 . 15.00 I
O.SO S 0.43 . 0.53 .
1.00 (') I 20.00 . 20.00 I
0.50 I 0.38 . 0.53 .
1.00 It) I SO.OO . 50.00 .
0.50 . 0.33 . 0.53 I
1.00 (t) I 15.00 . 15.00 I
0.50 I 0.43 . 0.47 .
1.00 (1) . 20.00 . 20.00 .
0.50 . 0.38 . 0.41 .
1.00 (1) . 50.00 . SO.OO .
0.50 I 0.33 . 0.35 .
NA . 100.00 . 100.00 .
0.2e . 0.2e . 0.28 .
NA . 15.00 . 15.00 .
NA S 0.30 . 0.30 .
1.00 (1) . 15.00 . 15.00 .
0.50 . 0.20 S 0.20 I
1.00 (1) (3) (3)'
0.50 S 0.10 S 0.10 S
NA (3) (3) S
NA $ 0.20 $ 0.20 S
NA (3) (3) S
NA . 0.15 S 0.15 S
NA (3) (3) S
NA I 0.10 $ 0.10 S
1.00 (2) S 25.00 S 25.00 .
0.50 S 0."3 S 0.47 I
1.00
0.78
1.00 S 7.00 .
0.0$ S 0.68 .
S 15.00 .
0.10 . 0.68 .
. 20.00 .
0.1S S 0.68 .
. 60.00 .
0.20 . 0.68 .
. 15.00 .
0.04 . 0.47 .
. 20.00 .
0.03' 0.41 .
. 50.00 I
0.02 . 0.35 .
. 100.00 I
0.02 . 0.28 S
. 15.00 S
. 0.30 .
. 15.00 .
. 0.20 $
(3) .
$ 0.10 .
(3) .
S 0.20 S
(3) S
S 0.15 S
(3) .
. 0.10 S
. 25.00 S
0.04 S 0.47 S
S 5.00 S 6.00 I 1.00' 7.00 S
. 0.65 $ 0.70. 0.05' 0.75 $
1.00
0.78
. 15.00 . 15.00 . . 15.00 S
$ 0.35 S 0.70 I 0.35' 0.76 .
1.00
0.78
. 15.00 . 15.00 I I 15.00 .
. 0.35 . 0.38' 0.04' 0.38 .
1.00
0.78
. 20.00 , 20.00 , . 20.00 .
. 0.21 . D.~' 0.03 I 0.32 S
1,00
0.78
(3) (3)' (3) S
. 0.10 . 0.10 , . 0.10 .
NA
NA
. 25.00 . 25.00 . I 25.00 .
. 0.35 I 0.38 I 0.04 I 0.38 .
1.00
0.05
0.05
0.05
0.05
1.00
0.05
0.05
'Dr !,'.,..nce from kat. 8tuctv
~I II ~a.. III . full
~ Co.t of letvlce
. 1.00
. 0.53
. '.00
I 0.68
S 15.00
. 0.63
. 15.00
S 0.58
. 20.00
. 0.63
. 20.00
. 0.58
. 50.00
. 0.63
I 50.00
S 0.58
. 15.00
. 0.40
I 1S.00
I 0.33
. 20.00
. 0.35
. 20.00
I 0.31
. 50.00
$ 0.30
. 50.00
S 0.30
. 100.00
. 0.26
I 100.00
S 0.28
NA
NA
NA
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I 15.00
I 0.20
S 15.00
S 0.20
(3)
. 0.10
(3)
. 0.10
(3)
. 0.20
(3)
. 0.20
(3)
, 0.15
(3)
S 0.15
(3)
I 0.10
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. 0.43
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. 0.65
S 6.00
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I 15.00
I 0.115
S 15.00
S 0.80
I 15.00
I 0.35
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I 0.28
. 20.00
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(3) BiItd It applialbl. CUllOm., grouping ratl only W not alreedy being bill~ It the premlae.
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EXHIBIT G
CONTINUING DISCLOSURE CERTIFICATE
::
Resolution No. 96-44
~. ~ -. .- ~ -
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CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure
Certificate") is executed and delivered by the city of Clearwater,
Florida (the "Issuer") in connection with the issuance of
$ ci ty of Clearwater, Florida, Gas System Revenue
Bonds, Series 1996A (the "Series 1996A Bonds"), and $
city of Clearwater, Florida, Gas System Revenue Refunding Bonds,
Series 1996B (the "Series 1996B Bonds") (collectively, the
"Bonds"). The Series 1996A Bonds are being issued pursuant to
Ordinance No. 5118-91 enacted August 15, 1991 (the "Original
Ordinance"), and Ordinance No. 5665-94 enacted September 1, 1994,
and the series 1996B Bonds are being issued pursuant to the
original Ordinance and Ordinance No 6030-96 enacted by the Issuer
on June 6, 1996, as supplemented from time to time (collectively,
the "Bond ordinance"). The Issuer covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Certificate. This
Disclosure Certificate is being executed and delivered by the
Issuer for the benefit of the Holders and Beneficial Owners of the
Bonds and in order to assist the Participating Underwriters in
complying with S.E.C. Rule 15c2-12 (b) (5).
SECTION 2. Definitions. In addition to the definitions set
forth in the Resolution, which apply to any capitalized term used
in this Disclosure Certificate unless otherwise defined in this
Section, the following capitalized terms shall have "the following
meanings:
"Annual Report" shall mean any Annual Report provided by the
Issuer pursuant to, and as described in, Sections 3 and 4 of this
Disclosure Certificate.
"Beneficial Owner" shall mean any person which (a) has the
power, directly or indirectly, to vote or consent with respect to,
or to dispose of ownership of, any Bonds (including persons holding
Bonds through nominees, depositories or other intermediaries), or
(b) is treated as the owner of any Bonds for federal income tax
purposes.
"Business Day" shall mean any day other than a Saturday,
Sunday or a day when banks in the City of New York, New York, or in
Pinellas County, Florida, or in the cities in which the Principal
Offices of the Issuer or the Paying Agent are required or
authorized by law to be closed or on which the New York stock
Exchange is closed.
"Dissemination Agent" shall mean initially, the Finance
Director of the Issuer or any successor or alternate Dissemination
Agent subsequently designated in writing by the Issuer and which
has filed with the Issuer a written acceptance of such designation.
"Listed Events" shall mean any of the events listed in section
Sea) of this Disclosure Certificate.
"National Repository" shall mean any Nationally Recognized
Municipal Securities Information Repository for purposes of the
Rule. The National Repositories currently approved by the
Securities and Exchange Commission are set forth in Exhibit B.
"Participating Underwriter" shall mean any of the original
underwriters of the Bonds required to comply with the Rule in
connection with offering of the Bonds.
"Repository" shall mean each National Repository and each
State Repository.
"Rule" shall mean Rule 15c2-12 (b) (5) adopted by the United
States Securities and Exchange Commission under the securities
Exchange Act of 1934, as the same may be amended from time to time.
"State" shall mean the State of Florida.
"State Repository" shall mean any public or private repository
or entity designated by the state as a state repository for the
purpose of the Rule and recognized as such by the Securities and
Exchange Commission. As of the date of this Certificate, there is
no state Repository.
SECTION 3. provision of Annual Reports.
(a) The Issuer shall, or shall cause the Dissemination
Agent to, not later than July 1 of each year, commencing July 1,
1997 with the report for the 1995-1996 Fiscal Year, provide to each
Repository an Annual Report which is consistent with the
requirements of section 4 of this Disclosure certificate. The
Annual Report may be submitted as a single document or as separate
documents comprising a package, and may cross-reference other
information as provided in section 4 of this Disclosure certifi-
cate; provideq that the audited financial statements of the Issuer
may be submitted separately from the balance of the Annual Report
and later than the date required above for the filing of the Annual
Report if they are not available by that date. If the Issuer's
fiscal year changes, it shall give notice of such change in the
same manner as for a Listed Event under section 5(c).
(b) Not later than fifteen (15) Business Days prior to
said date, the Issuer shall provide the Annual Report to the
Dissemination Agent (if other than the Issuer). If the Issuer is
unable to provide to the Repositories an Annual Report by the date
required in subsection (a), the Issuer shall send a notice to eaoh
2
Repository and the state Repository, if any, in substantially the
form attached as Exhibit A.
(c) The Dissemination Agent shall:
(1) determine each year prior to the date for providing
the Annual Report the name and address of each National
Repository and the state Repository, if any; and
(ii) if the Dissemination Agent is other than the
Issuer, file a report with the Issuer certifying that the
Annual Report has been provided pursuant to this Disclosure
Certificate, stating the date it was provided and listing all
the Repositories to which it was provided.
SECTION 4. Content of Annual Reports. The Issuer's Annual
Report shall contain or include by reference the following:
1. The audited financial statements of the Issuer for
the prior fiscal year, prepared in accordance with generally
accepted accounting principles as promulgated to apply to
governmental entities from time to time by the Governmental
Accounting standards Board. If the Issuer I s audited financial
statements are not available by the time the Annual Report is
required to be filed pursuant to section 3 (a), the Annual
Report shall contain unaudited financial statements in a
format similar to the financial statements contained in the
final Official statement, and the audited financial statements
shall be filed in the same manner as the Annual Report when
they become available.
2. To the extent such information is not otherwise
included as part of the annual audited financial statements of
the Issuer, updated information from that set forth in the
Official statement for the Bonds under the headings: The
System: Rates, Fees and Charges (including Appendix G-l
thereto, to the extent it describes the rate structure), and
Service Area; Historical Coverage of Maximum Debt Service by
the System Net Revenues.
Any or all of the items listed above may be included by
specific reference to other documents, including official
statements of debt issues of the Issuer or related public entities,
which have been submitted to each of the Repositories or the
Securities and Exchange Commission. If the document included by
reference is a final official statement, it must be available from
the Municipal Securities Rulemaking Board. The Issuer shall
clearly identify each such other document so included by reference.
SECTION 5. Reporting of Significant Events.
3
SECTION 6. Termination of Reporting Obligation. The Issuer's
obligations under this Disclosure Certificate shall terminate upon
the legal defeasance, prior redemption or payment in full of all of
the Bonds. If such termination occurs prior to the final maturity
1. principal and interest payment delinquencies.
(a) Pursuant to the provisions of this Section 5, the
Issuer shall give, or cause to be given, notice of the occurrence
of any of the following events with respect to the Bonds, if
material:
2. non-payment related defaults.
3. modifications to rights of Bondholders.
4. optional, contingent or unscheduled bond calls.
5. defeasances.
6. rating changes.
7 . adverse tax opinions or events affecting the tax
exempt status of the Bonds.
B. unscheduled draws on the debt service reserves
reflecting financial difficulties.
9. unscheduled draws on the credit enhancements
reflecting financial difficulties.
10. substi tution of the credit or liquidity providers or
their failure to perform.
11. release, substitution or sale of property securing
repayment of the Bonds.
(b) Whenever the Issuer obtains knowledge of the
occurrence of a Listed Event, the Issuer shall as soon as possible
determine if such event would be material under applicable federal
securities laws.
(c) If the Issuer determines that knowledge of the
occurrence of a Listed Event would be material under applicable
federal securities 1aws, the Issuer ~hall promptly file a notice of
such occurrence with each Repository, including the state
Reposi tory I if any . Notwithstanding the foregoing, notice of
Listed Events described in subsections (a) (4) and (5) need not be
given under this subsection any earlier than the notice (if any) of
the underlying event is given to Holders of affected Bonds pursuant
to the Resolution.
4
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of the Bonds, the Issuer shall give notice of such termination in
the same manner as for a Listed Event under section S(f).
SECTION 7 . It1ssemination Agent. For purposes of this
undertaking, the Issuer has designated the Issuer's Finance
Director (the "Agent") as its Dissemination Agent and has delegated
to the Agent the duties, functions and responsibilities of the
Issuer undertaken by the Issuer in this Disclosure certificate.
The Issuer may, from time to time, appoint or engage an alternate
or substitute Dissemination Agent to assist it in carrying out its
obligations under this Disclosure certificate, and may discharge
any such Agent, with or without appointing a successor alternate or
substi tute Dissemination Agent. The Dissemination Agent other than
the Agent shall not be responsible in any manner for the content of
any notice or report prepared by the Issuer pursuant to this
Disclosure certificate.
SECTION 8. lUnendment: Waiver. Notwithstanding any other
provision of this Disclosure Certificate, the Issuer may amend this
Disclosure Certificate, and any provision of this Disclosure
certificate may be waived, provided that the following conditions
are satisfied:
(a) If the amendment or waiver relates to the provisions
of sections 3{a), 4, or 5(a), it may only be made in connec-
tion with a change in circumstances that arises from a change
in legal requirements, change in law, or change in the
identity, nature or status of an obligated person with respect
to the Bonds, or the type of business conducted;
(b) The undertaking, as amended or taking into account
such waiver, would, in the opinion of nationally recognized
bond counsel, have complied with the requirements of the Rule
at the time of the original issuance of the Bonds, after
taking into account any amendments or interpretations of the
Rule, as well as any change in circumstances; and
(c) The amendment or waiver either (i) is approved by
the Holders of the Bonds in the same manner as provided in the
Resolution for amendments to the Resolution with the consent
of Holders, or (ii) does not, in the opinion of nationally
recognized bond counsel, materially impair the interests of
the Holders or Beneficial owners of the Bonds.
In the event of any amendment or waiver of a provision of this
Disclosure Certificate, the Issuer shall describe such amendment in
the next Annual Report, and shall include, as applicable, a
narrative explanation of the reason for the amendment or waiver and
its impact on the type (or in the case of a change of accounting
principles, on the presentation) of financial information or
operating data being presented by the Issuer. In addition, if the
amendment relates to the accounting principles to be followed in
5
preparing financial statements, (i) notice of such change shall be
given in the same manner as for a Listed Event under Section S(f),
and (ii) the Annual Report for the year in which the change is made
should present a comparison (in narrative form and also, if
feasible, in quantitative form) between the financial statements as
prepared on the basis of the new accounting principles and those
prepared on the basis of the former accounting principles.
SECTION 9. ~dditional InformatiQn. Nothing in this
Disclosure certificate shall be deemed to prevent the Issuer from
disseminating any other information, using the means of dissemina-
tion set forth in this Disclosure certificate or any other means of
communication, or including any other information in any Annual
Report or notice of occurrence of a Listed Event, in addition to
that which is required by this Disclosure certificate. If the
Issuer chooses to include any information in any Annual Report or
notice of occurrence of a Listed Event in addition to that which is
specifically required by this Disclosure Certificate, the Issuer
shall have no obligation under this certificate to update such
information or include it in any future Annual Report or notice of
occurrence of a Listed Event.
SECTION 10. Default. In the event of a failure of the Issuer
to comply with any provision of this Disclosure certificate any
Holder or Beneficial Owner of the Bonds may take such actions as
may be necessary and appropriate, including seeking mandate or
specific performance by court order, to cause the Issuer to comply
with its obligations under this Disclosure certificate. A default
under this Disclosure certificate shall not be deemed an Event of
Default under the Resolution, and the sole remedy under this
Disclosure certificate in the event of any failure of the Issuer to
comply with this Disclosure certificate shall be an action to
compel performance.
SECTION 11. Duties. Immunities and Liabil i ties of Oissemina-
tion Agent. The Dissemination Agent shall have only such duties as
are specifically set forth in this Disclosure Certificate, and the
Issuer agrees to indemnify and save the Dissemination Agent, its
officers, directors, employees and agents, harmless against loss,
expense and liabilities which it may incur arising out of or in the
exercise or performance of its powers and duties hereunder,
including the costs and expenses (including attorneys fees) of
defending against any claim of liability, but excluding liabilities
due to the Dissemination Agent's gross negligence or wilful
misconduct. The obligations of the Issuer under this Section shall
survi ve resiqnation or removal of the Dissemination Agent and
payment of the Bonds.
6
SECTION 12. ~. This Disclosure Certificate shall
inure solely to the benefit of the Issuer, the Dissemination Agent,
the Participating Underwriters and Holders and Benefioial Owners
from time to time of the Bonds, and shall create no rights in any
other person or entity.
Date:
.
.
city of Clearwater, Florida
By
Its: Mayor-Commissi~ner
ATTEST:
Clerk
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EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: city of Clearwater, Florida
Name of Bond Issue: city of Clearwater, Florida, Gas System
Revenue Bonds, Series 1996A, and Gas
System Revenue Bonds, Series 1996B
Date of Issuance:
, 1996
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual
Report with respect to the above-named Bonds as required by section
_ of the Resolution. The Issuer anticipates that the Annual
Report will be filed by .
Dated:
City of Clearwater, Florida
By
EXHIBIT B
Nationally Recognized Municipal Securities Information Repositories
approved by the Securities and Exchange commission as of July 17,
1995:
J
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ff
Bloomberg Municipal Repository
P.O. Box 840
Princeton, NJ 08542-0840
Internet address: MUNIS@bloomberg.doc
(609) 279-3200
FAX (609) 279-3235 (609) 279-5963
Contact: Dave Campbell
The Bond Buyer
Secondary Market Disclosure
395 Hudson Street, 3rd Floor
New York, NY 10014
Internet address: oisclosure@muller.com
(212) 807-3814
FAX (212) 989-9282
Contact: Thomas Garske
",.,
Disclosure, Inc.
Document Augmentation/
Municipal Securities
5161 River Road
Bethesda, MD 20816
(301) 951-1450
FAX (301) 718-2329
Contact: Barry Sugarman (301) 215-6015
JJ Renny Information Services
The Repository
65 Broadway, 16th Floor
New York, NY 10006
(212) 770-4568
FAX (212) 797-7994
Contact: Joan Horai, Repository
Moody'S NRMSIR
PUblic Finance Information Center
99 Church street
New York, NY 10007-2796
(800) 339-6306
FAX (212) 553-1460
Contact: Claudette Stephenson
(212) 553-0345
...- , . - -- -..- .~-- --~- . - - ..-
J ' .
EXH)':8IT H
..,l.':'.;, .
f',\., .
COMMITMENTS POR MUNICIPAL BOND I~SURANCB POLICIES AND
DEBT SERVICE RESERVE SURETY BONDS
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Resolution No. 96-44
.
.
AMBAC INDEMNfIY CORPORA nON - COMMITMENT FOR SURElY BOND
Issucr:
CITY OF a..EARW A TER. FLORIDA
Conunitment Number:
5813710
Date of Conunitment:
June 3, 1996
Expiration Date:
August 29, 1996
Bonds:
$8.695.000 Gas System Revenue Bonds, Series I996A,
dated July I, 1996 and maturing on September 1,2026.
Premium: 2.5OOt'o of the Debt Sc:rvicc Reserve
Fund Requirement
AMBAC Indemnity Corporation r AMBAC. or · AMBAC Indemnityj, A Wisconsin Stock Insurance Company, heRby
commits to issue a Surety Bond (the .Conunitmentj relating to the Debt Service Resc:Ive Fund for the above-desaibed
debt obligations (the "Bondsj, substantiaJ1y in the fonn attached hereto, subject to the tenns and conditions contained
herein or added hereto (see conditions set forth herein).
To atcnd this Commitment after the expiration date set forth above, an oral (subsequently confirmed in writing) or
written request for reoewal must be submittal to AMBAC at least one business day prior to such expiration date.
AMBAC reserYe:S the right to refuse to grant a n:newal or may renew this Commitment subject to additional terms and
conditions.
The Surety Bond (the "Suretyj shall be issued if the following conditions are satisfied:
1.
AMBAC shall receive an opinion of counselor a certificate of an officer of the Issuer or ultimate obligor
stating that the infonnation suppijed to AMBAC in order to obtain the Surety and the documents to be
executed and delivered in connection with the issuance and sale of the Bonds do not contain any untIUe
or misleading statement of a material fact and do not WI to state a material fact required to be stated
therein or ~ry in order to make the infonnation contained therein not misleading.
2.
No event shall occur which would pennit any purchaser of the Bonds, otherwise required. DOt to be
requi.ml to purchase the Bonds on the date scheduled fOl'the issuance and deliveIy thereof:
There shall be no material change in or affecting the Bonds, the Issucr or ultimate obligor (including,
but not limited to, the security for the Bonds), the Official Statemen~ if any (or any similar disclosure
document), including any financial statements therein contained, the financing documents or any legal
opinions to be e:<ecuted and delivered in connection with the issuance and sale of the Bonds, 01' any
other infonnation submitted to AMBAC in order to obcain the Surety, from the descriptions thcn:of
provided to AMBAC at any time prior to the issuance of the Bonds and there shall not have occum:d or
come to the attention of' the issuer or purchaser any material change of fact or law adverse to the
interests of' AMBAC, unless approved by AMBAC in writing.
3.
4.
Unless expressly waived in whole or in part by AMBAC, the financing documents shall contain a) the
terms and provisions provided in the AMBAC SfANDARD PACKAGE transmitted be:n:with, and b)
any provisions or comments given orally by AMBAC.
S.
No later lhan five (S) business days prior to closing, AMBAC shall be prmidcd with:
(a) proposed copies of all financing docwnents, and
(b) the proposed official, statement (or any similar disclosure docu.ment)~ and
(c) the proposed various legal opinions delivered in connection with the issuance and sale of the
Bonds, including, without limitation, the unqualified approving opinion of bond counsel
rendered by a law finn acceptable to AMBAC. The fonn of bond coonsd's approving opinion
must be acccpcablc to AMBAC. The fonn of bond counsel's approving opinion shall indicate
that the Issuer must comply with certain covenants w1der and pursuant to the Internal
Revenue Code of 1986, as amended and that the Issuer has the legal power to comply with
such covenants. AMBAC shall also be provided with executed oopics of all financing
doo.1ments. including but not limited to the Official Statement (or any similar disclosure
document) and the various legal opinions rendered. The executed opinion of bond c:ounsel
shall be addressed to AMBAC or in lieu thereo( a letter shall be provided to AMBAC to the
effect that AMBAC may rely on such opinion as if it were addressed to AMBAC and such
letter shall be delivered with an executed opinion; and
Cd) any provisions of the Purchase Contract or Bond Purchase Agreement referencing AMBAC or
the issuer of the SW'ety in general. If such provisions are not rcceivcd in a timely manner or if
provisions are inserted in the Purchase O:>ntract or Bond Purchase Agreement without
AMBAC Indemnity's knowledge, compliance with such provisions may not be possible; and
(e) a letter from bond coun.se1 or coW1sel to the purchaser or otherwise from another <X>UDSeI
acceptable to AMBAC to the effect that the financing documents. the Official Statement (or
any similar disclosure document) and the various legal opinions executed and delivered in
connection with the issuance and sale of the Bonds, arc substantially in the fonns previously
submitted to AMBAC for review, with only such amendments, modifications or deletions as
may be approved by AMBAC; and
(1) a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy,
contract or agreement which provides for payment of all or any portion of the debt, the costs of
reconstruction, the loss of business income or in any way ~ ensu.res or enhances the
income stream anticipated to pay the Bonds; and
(g) a certified or cashier's check for or evidence of wire transfer of an amount equal to the payment
for the Surety at the time of the issuance and deliveI)' of the Bonds. Wire transfer shall be used
for any payment for the Surety in an amount greater than $100,000; and
(h) the final debt service schedule.
6.
AMBAC Indemnity must receive at least (S) business days prior to closing an opinion addressed to
AMBAC by counsel acceptable to AMBAC that the Guaranty Agreemeal is a legal, valid and binding
obtig;ltion of the Obligor themlt; enforceable in accortlan<>: with its ~~,~
?L "-b
- ;r AKA.
2
"
AMBAC INDEMNIlY CORPORA nON - COMMITMENT FOR SURETY BOND
lssuer:
CITY OF CLEARWATER, FLORIDA
Commitment NuIDber:
5813711
Date of Commitment
]tme 3, 1996
Bonds:
$6,44 S ,000, Gas System Revenue Refunding Bonds,
Series 1996B, dated July 1, 1996 and maturing on
September 1, 2013.
Expiration Date:
August 29, 1996
Premiwn: 2.000,/0 of the Debt Service Reserve
FWld Requirement
AMBAC Indemnity Corporation ("AMBAC" or "AMBAC Indemnity"), A WISCOnsin Stock Insu.rance Company, hereby
commits to issue a Surety Bond (the "Commitment") relating to the. Debt Service Reserve FWld for the above.described
debt obligations (the "Bonds"), substantially in the fonn attached hereto, subject to the terms and conditions contained
herein or added hereto (see conditions set forth herein).
To extend this Commitment after the expiration date set forth above. an oral (subsequently confinncd in writing) or
written request for renewaI must be submitted to AMBAC at least one busit1CSS day prior to such expiration date.
AMBAC reseJVeS the right to refuse to grant a renewal or may renew this Conunitment subject to additional tenns and
conditions.
The Surety Bond (the .Surety") shall be issued if the following conditions are satisfied:
1.
AMBAC shall receive an opinion of counsel or a certificate of an officer of the Issuer or ultimate obligor
stating that the infonnation supplied to AMBAC in order to obtain the Surety and the documents to be
executed and delivered in connection with the issuance and sale of the Bonds do not contain any Wltruc
or misleading statement of a material fact and do not fail to state a material fact required to be stated
therein or ~ty in order to make the infonnation contained therein not misleading.
2.
No event shall occur which would pennit any purchaser of the Bonds, otherwise required, not to be
required to purchase the Bonds on the date scheduled for the issuance and dcliveJy thereof.
3.
There shall be no material change in or affecting the Bonds, the Issuer or ultimate obligor (including,
but not limited to, the security for the Bonds), the Official Statemen~ if any (or any similar disclosure
document), including any financial statements therein contained, the financing documents or any IegaI
opinions to be cxccuted and delivered in connection with the issuance and saJc of the Bonds, or any
other infonnation submitted to AMBAC in order to obcain the Surety, from the descriptions thereof
provided to AMBAC at any time prior to the issuance of the Bonds and there shall not have occurred or
come to the attention of the issuer or purchaser any material change of fact or law adverse to the
interests of AMBAC. unless approved by AMBAC in writing.
4.
Unless e.'"J)ressly waived in whole or in part by AMBAC, the financing documents shall contain a) the
tenns and provisions provided in the AMBAC STANDARD PACKAGE transmitted herewith, and b)
any provisions or comments given orally by AMBAC.
5.
No later than five (5) business days prior to closing, AMBAC shall be provided with:
(a) proposed copies of all financing documents, and
(b) the proposed official, statement (or any similar disclosure document); and
(e) the proposed various legal opinions delivered in connection with the issuance and sale of the
Bonds, including, without limitation, the unqualified approving opinion of bond counsel
rendered by a law firm acceptable to AMBAC. The fonn of bond counscJ's approving opinion
must be acceptable to AMBAC. The fonn of bond counsel's approving opinion shall indicate
that the Issuer must oomply with certain covenants under and pursuant to the Internal
Re\uuJe Code of 1986, as amended and that the Issuer bas the legal power to comply with
such covenants. AMBAC shall also be provided with executed cq>ies of all financing
documents. including but not limited to the Official Statement (or any similar disclO6Ul'e
document) and the varioos legal opinions rendered. The executed opinion of bond counsel
shall be addrcssc:d to AMBAC or in lieu thereo( a letter shall be provided to AMBAC to the
effect that AMBAC may rely on such opinion as if it were addressed to AMBAC and such
letter shall be delivered with an executed opinion; and
(d) any provisions of the Purchase Contract or Bond Purchase Agreement referencing AMBAC or
the issuer of the Surety in general. If such provisions are not received in a timcIy manner or if
provisions are inserted in the Purchase Contract or Bond Purchase Agreement without
AMBAC Indemnity's knowledge, compliance with such provisions may DOt be possible; and
(e) a letter ftom bond camsel or counsel to the purchaser or otherwise from another counsel
acceptable to AMBAC to the effect that the financing documents, the Official Statement (or
any similar d.isclosurc document) and the various legal opinions ~ and delivered in
connection with the isslJ~nce and sale of the Bonds, are substantially in the fonns previously
submitted to AMBAC for review, with only such amendmen~ moditica1ions or deletions as
may be approved by AMBAC; and
(1) a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy,
contract or ag:reeme:nt which provides for pa)1IleI1l of all or any portion of the debt, the costs of
reconstruction, the 1<& of business income or in any way secures, ensures or enhances the
income stream anticipated to pay the Bonds; and
(g) a certified or cashier's check for or evidence of wire transfer of an amount equal to the payment
for the Surety at the time of the issuance and delivel)' of the Bonds. Wm: transfer shall be used
for any payment for the Surdy in an amount greater than $100,000; and
(h) the final debt service schcduJe.
6.
AMBAC Indemnity must receive at least (5) business days prior to closing an opinion addressed to
AMBAC by counsel acceptable to AMBAC that the Guarnnty Agreement is a legal, valid and binding
obligation of the Obligor thereo( enforceable in accordance with its tenns.
AMBAC Indemnity must receive, at least five (5) business days prior to closing, the escrow agreement.
in fonn and substance acceptable to AMBAC, for the complete defeasance of the applicable Bonds (the
Wfrior Bonds").
7.
8.
At least five (5) business days prior to closing, AMBAC must receive certification by a nationally
recognized accounting finn that the securities invested are sufficient to pay the prior bonds.
2
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9.
AMBAC must receive an opinion of Counsel acceptable to M.-fi3AC that the Prior Bonds have been
legally defeased
10.
Funds held by the Escrow T~ for the payments of the refunded bonds must be held as cash fully
insured by or the Federal Deposit Insuranc:e Corporation or invested in din:ct obligations of the United
States of America. .
11.
AMBAC must receive, at least five (5) business days prior to closing. a draft opinion ofbond counsel or
t;peei~J tax counsel acceptable to AMBAC. addrcs.scd to AMBAC. a te1ccapy ot'tbe exa:uted opinion OIl
the day of closing (212-785-1178) and an exa:uted original fonowing closing. to the effect that the
n:funding and escrow are in full compliance with all applicable Federal and State arbitrage regulations.
AMBAC must receive, at least five (5) business days prior to closing. draft opinions c:l issuer's c:ounsel
and escrow agent's counsel and a tclecopy ofthc executed opinion on the day ofcl<Sng (212-785-1178)
regarding the validity. binding nature and enfon:eability of the escrow agr=nent
12.
13.
If a forward supply contract is used:
(i) Securities delivered to the escrow agreement must be non-<:allable U.S. Government
obligations which do not mature later than the date on which needed to pay debt servi<:e on the
refunded bonds.
(ii) The CPA verification must be in a form and substance satisfactoJy to AMBAC and must opine
thnt the escrow is sufficient to be defcasc the refunded bonds wbethe.r or not the forward supply
contract provider delivers sccuritics to the escrow.
(ill) The forward supply contract must specify that (a) the purchase pri<:c of the seauities delivered
to the escrow must not exceed the amount of cash received from maturing securities in the
escrow, as specified in the verification. and (b) the maturity value of the securities in the
escrow must not be less than the purchase price paid for such securities.
(iv) The forward supply contract provider shall have no recourse to the escrow upon any f3ilure of
the issuer or escrow agent to ped'onn its obligations under the fonvard supply contrac.1. 0Ihcr
than the payment of the purchase price for the securities to be cJelivered pursuant to the forward
supply contract, no payments of any other kind may be made ftom the escrow in respect to the
forward supply contract.
(v) The forward supply contract provider must be at least A by a nationally recognized rating
agency.
(vi) The forward supply contract shall be in fonn and substance ~tisfactol)' to AMBAC.
3
Commitment for Municipal Bond Insurance
AMBAC Indemnity Corporation
do CT Corporation System.
.... East Mifflin Street
Madison. WIsconslD 5370J
Administrative Omce:
One State Street Plaza
New York. New York 10004
Issuer.
CITY OF CLEARWATER. FLORIDA
Commitment Number.
13708
Date of Coaurulment
June 3. 1996
Expiration Date:
August 29. 1996
Bonds:
$15.140.000, consisting of: $8,695.000 Gas System
Revenue Bonds, Series 1996A dated July 1, 1996, and
maturing on September 1st in the years 1996 through
2026, both inclusive; and $6,445.000 Gas System
Revenue Refunding Bonds, Series 1996B. dated July I,
1996 and maturing on September 1st in the years 1996
through 2013, both inclusive.
Insurance premium: 0.30-/. of the toeal
principal and Interest due on the Bondi for
Series 1996A and 0.26./. of the total principal
and interest due OD the Bonds for Series
1996B (Fitch Investon Service, LP., Moody's
Investon Service and Standard & Poor's
Ratings Group asleSs separate rating fees
which are payable directly to them. All
questlou regardlne the payment of such fees
must be addressed to the applicable ratiDg
agency.)
AMBAC Indemnity Corporation (AMBAC) A Wisconsin Stock Insurance
Company
hereby commits to issue a MWlicipal Bond Insurance Policy (the "Policy") relating to the above-<lescribed debt obligations
(the "Bonds"). substantially in the fonn imprinted in this Commitment, subject to the terms and conditions contained
herein or added hereto (see conditions set forth on page 2 and following).
To keep this Commitment in effect after the expiration date set forth above, a request for renewal must be submitted to
AMBAC prior to such expiration date. AMBAC reserves the right to refuse wholly or in part to grant a renewal.
The Municipal Bond Insurance Policy shall be Issued If the following conditions are satisfied:
1. The documents to be executed and delivered in connection with the issuance and sale of the Bonds shall not contain
any untrue or misleading statement of 8 material fact and shall not fail to state a material fact ~ry in order to
make the infonnation contained therein not misleading.
2. No event shall occur which would pennit any purchaser of the Bonds, othernise required, not to be required to
purchase the Bonds on the date scheduled for the issuance and delivery thereof.
3. There shall be no material change in or affecting the Bonds (including, without limitation, the security for the
Bonds) or the financing docwnents or the official stalcment (or any similar disclosure docwnent) to be executed and
delivered in colUlcction with the issuance and sole of the Bonds from the descriptions thereofberetofore provided to
AMBAC.
4. The Bonds shall contain no reference to AMBAC, the Policy or the mWlicipal bond insurnnce evidenced thereby
except as may be approved by AMBAC.
5. AMBAC shall be provided with:
(a) Executed copies of all financing docwnents. the official statement (or any similar disclosure docwnent) and
the various legal opinions delivered in connection with the issuance and sale of the Bonds. including. without
limitation, the unqualified approving opinion of bond counsel rendered by a law rum acceptable to AMBAC.
The Conn of Bond Counsel's approving opinion shall also indicate, if applicable, that the Bonds are exempt
from federal income taxation, that the issuer must compl}' with certain covenants under and pursuant to the
new tax law and that the issuer has the legal power to comply with such covenants. Such opinion of bond
counsel shall be addressed to AMBAC or, in lieu thereof, a letter shall be provided to AMBAC to the effect
that AMBAC may rely on such opinion as if it were addressed to AMBAC.
(b) A letter from bond counsel or COW1SeI to the pwchascr or otherwise from another person acceptable to
AMBAC to the effect that the fmancing documents, the official statement (or any similar disclOSUl'e
document) and the various legal opinions executed and delivered in connection with the issuance and sale of
the Bonds are substantially in the foms theretofore submitted to AMBAC for review, with only such
amendments, modifications or deletions as approved by AMBAC.
(c) A certified or cashier's check for or evidence of wire transfer of an amount equal to the insurance premium at
the time of the issuance and delivet)' of the Bonds. If the amount of premium exceeds $100,000.00, payment
must be made by federal funds wire transfer.
6. Unless expressly waived in whole or in part by AMBAC, the financing documents and the Official Statement shall
contain (a) the teons and provisions provided in the AMBAC Indemnity STANDARD PACKAGE transmitted
herewith and (b) any additional oral or written provisions or conunents submitted by AMBAC.
7. AMBAC shall receive a copy of any insurance policy, surety bond, guaranty or indemnification or any other policy.
contract or agreement which provides for payment of all or any portion of the debt, the costs of rcconstruction, the
loss ofbusincss income or in any way secures, ensures or enhances the income stream anticipated to pay the bonds.
8. Any provisions or requirements of the Purchase Contract or Bond Purchase Agreement referencing AMBAC must
be sent to the attention of Janine Feudi not less than five (5) business days prior to closing. If such provisions or
requirements are not received within that time, compliance may not be possible.
9. Review and approval by AMBAC at least S days prior to closing of the Escrow Agreement for the defeasance of the
applicable Bonds (the "Prior Bonds").
10. At least S days prior to closing, AMBAC must receive certification by an accounting rum acceptable to AMBAC
that the securities invested arc sufficient to pay the Prior Bonds. Upon receipt of this commitment AMBAC should
be notified which fino will be providing the certification.
11. Receipt of an opinion of counsel acceptable to AMBAC that the Prior Bonds have been legally defeased
12. Receipt oran opinion of counsel acceptable to AMBAC with regard to the validity and enforceability of the Escrow
Agreement
13. Ifa forward supply contract is used:
(8) Securities delivered to the escrow agreement must be oon<allable U.S. Government obligations which do
not mature later than the date on which needed to ply debt service on the refunded bonds.
(b) The CPA verification must be in fonn and substance satisfactory to AMBAC and must opine that the
escrow is sufficient to defease the refwlCled bonds wbelbcr or not the forward supply contract provider
delivers securities to the escrow.
(c) The forward supply contract must specify that (i) the purchase price of the securities delivered to the
escrow must not exceed the amount of cash received from mnturing securities in the escrow. as specified
in the verification, and (ii) the maturity value of the securities delivered to the escrow must not be less
than the purchase price paid for such securities.
.
.
(d) The forward supply <Nntract provider shall hove no recourse to the escrow upon any fAilure of the issuer or
escrow agent to pc:rfonn its obligations under the forward supply contract Other than the payment of the
purdulse price for the securities to be delivered pursuant to the forward supply contract. no payments of
any other kind may be made from the escrow in respect of the forward supply contract.
(e) The forward supply contract provider must be rated at least A by a nationally recognized rating agency.
(f) The forward supply contract shall be in form and substance satisfactory to AMBAC.
I,.~
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. AMBAC"
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June 3, 1996
Robert Reed, Esq.
Bryant, Miller and Olive, P.A
Barnett Plaza, Suite 1265
101 East Kennedy Boulevard
Tampa, Florida 33602
RE: $15,140,000 City of Clean vater, Florida. Gas System Revenue Bonds, Series 1996A and a, dated July 1, 1996
Dear Mr. Reed:
Enclosed please find the original and one certified copy of the Commitment for Municipal Bond Insurance, Commitment No,
13708 (the "Commitment"), relating to the above-captioned obligations (the "Bonds"). The original of this Commitment
should be delivered to or held on behalf of the issuer of the Bonds, and if not exercised, should be disregarded.
Please note the following:
1. If this issue of Bonds sells with AMBAC insurance, please notify Janine Fcudi at (212) 208-3301, who will assign a
closing coordinator who will be responsible for the financing throughout the closing. Enclosed in AMBAC's
STANDARD PACKAGE is the bond legend which should appear on the Bonds. The policy number to be printed as
part of the bond legend can be obtained from the closing coordinator.
2. In order to ensure a timely closing, please notify your closing coordinator as soon as possible if you will require rating
letters from Fitch Investors Service, L,P., Moody's Investors Service or Standard & Poor's Ratings Group. If any
requests are made of you by any rating agency for documentation regarding this issue or any related or parity debt issue.
please respond promptly since this will facilitate the timely receipt of the rating letters.
3. If requested. an opinion of Al\1BAC's counsel regarding the fairness and accuracy of the language included in the
Official Statement describing AMBAC and the Policy will be delivered at closing, The delivery of such opinion is
dependent upon the prior review of such official statement by our legal department.
4. Enclosed for your use in preparing the Official Statement are (i) a sample Municipal Bond Insurance Policy (the
"Policy") and any applicable endorsements thereto. and (ii) AMBAC's STANDARD PACKAGE, which includes
suggested Official Statement disclosure language and the official AMBAC logo,
Please send all drafts of the Official Statement to AMBAC's Closing Department, attention of your closing
coordinator. Receipt, by the closing coordinator, of SIX COPIES of the FINAL OFFICIAL STATEMENT will
ensure timely preparation of AMBAC's Polic)' for submission to the ...olting agencies.
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.
S. Please refer to page 2 of this Conunitment for conditions which must be satisfied prior to AMBAC's release of its Policy.
Drafts of all financing documents and legal opinions should be sent to the closing coordinator assigned to the financing.
6. Lastly. 'IWO final UNBOUND transcripts must be sent to your closing coordinator as soon as possible after closing.
If you have any questions, please do not hesitate to contact Janine Feudi or me.
Sincerely.
~~YUa-
Client Infonna' ~ces
Enclosures
cc: David R Thornton
Raymond James &. Associates, Inc.
880 Carillon PaIkway
St Petersbur& Florida 33116
P. Neul1c:deL AlvIBAC
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AMBAC'Ul
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(212) ()lIS-1I1511 1-";1\: (2121 ~f'l)-l)ll)ll
June 3, 1996
Robert Reed, Esq.
Bryant, Miller and Olive, P,A
Barnett p~ Suite 1265
101 East Kennedy Boulevard
Tampa, Florida 33602
RE: $8,695,000 City of Clearwater, Florida, Gas System Revenue Bonds, Series I996A. dated July I, 1996
Dear Mr. Reed:
Enclosed please find the original and one certified copy of the Commitment for Surety Bond, Commitment No. SBl37l0 (the
"Conunitment"), relating to the abovcxaptioned obligations (the "Bonds"). The original of this Commitment should be delivered
to or held on behalf of the issuer of the Bonds, and if not e....ercised, should be disregarded
Please Dote the following:
1. If requested. an opinion of AMBACs counsel regarding the fairness and accuracy of the language included in the Official
Statement descnbing AMBAC and the Surety Bond will be delivered. The deliveI)' of such opinion is dependent upon the
prior review of such official statement by our legal department
2. Enclosed for your use is AMBAC's STANDARD PACKAGE which contains (i) provisions relating to the Surety Bond to
be inserted in the financing documents; (ii) a sample surety bond to be issued by AMBAC; and (ill) certain sample language
for inclusion in the official statement relating to the Bonds (the "Official Statement").
3. Please refer to page 2 of this Conunitment for conditions which must be satisfied prior to AMBAC's release of its Surety.
Drafts of all financing documents and legal opinions should be sent to the closing coordinator assigned to the financing. All
drafts of financing documents including but not limited to the Official Statement and any legal opinion relating to the
issuance of the Bonds, to the extent not already provided, should be submitted for AMBAC Indenmity review as available
but in no event later than five (5) business days prior to closing. Please note that bond counsel's approving opinion must be
acceptable to AMBAC Indemnity and shall be either addressed to AMBAC Indenmity or delivered with a reliance letter
addressed to AMBAC Indenmity. Please provide a copy of the closing index as soon as practicable.
4. Lastly, lWO final UNBOUND transcripts must be sent to your closing coordinator as soon as possible after closing.
If you have any questions, please do not hesitate to contact Janine Feudi or me.
Sincerely,
~- ~ J~h "/ ~
~gers . ker /
Client Infonnilli n ~ces
Enclosures
cc: David R. Thornton
Raymond James & Associates, Inc,
880 Carillon Parkway
SL Petersburg, Florida 33716
P. Neuhedcl, AMBAC
IMBAC,...
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June 3,1996
Robert Reed. Esq.
Bryant, Miller and Olive, P.A.
8amctt Plaza. Suite 1265
101 East Kennedy Boulevard
Tampa, Florida 33602
RE: $6,44S,OOO City of Clcanvater, Florida, Gas System Revenue Refunding Bonds, Series 1996B, dated July 1, 19%
Dear Mr. Reed:
Enclosed please find the original and one certified copy of the Commiunent for Surety Bond, COITunitrnent No. SB13711 (the
"Commitment"), relnting to the nbovc-aptioned obligations (the "Bonds"). The original of this Commitment should be delivered
to or held on behalf of the issuer of the Bonds, and if not exercised, should be disregarded.
Please note the following:
1. If n:qucsted. an opinion of AMBACs coWlSeI regarding the fairness and accuracy of the language included in the Official
Statement describing AMBAC and the Surety Bond will be delivered. The delivery of such opinion is dependent upon the
prior review of such official statement by our legal department
2. Enclosed for your use is MvlBAC's STANDARD PACKAGE which contains (i) provisions relating to the Surety Bond to
be inserted in the financing documents; (ii) a sample surety bond to be issued by AMBAC; and (iii) certain sample language
for inclusion in the official statement relating to the Bonds (the "Official Statement").
3. Please refer to page 2 of this Commitment for conditions which must be satisfied prior to Mv1BAC's release of its Surety.
Drafts of all financing documents and legal opinions should be sent to the closing coordinator assigned to the financing. All
drafts of financing documents including but not limited to the Official Statement and any legal opinion relating to the
issuance of the Bonds, to the e>.tent not already provided. should be submitted for AMBAC Indemnity review as available
but in no event later than five (5) business days prior to closing. Please note that bond counsel's approving opinion must be
acceptable to A?v1BAC Indemnity and shall be either addressed to AMBAC Indemnity or delivered with a reliance letter
addressed to AMBAC Indemnity. Please provide a copy oCthe closing index as soon as practicable.
4. Lastly, lWO final UNBOUND trnnscripts must be sent to your closing coordinator as soon as possible after closing.
If you have any questions, please do not hesitate to contact Janine Feudi or me.
Sincerely,
I
~,b~ ~h 23:' ~O'--
ROdgers er I
lient Infonna . Se .
Enclosures
...
cc: David R Thornton
Raymond James & Associates, Inc.
880 Quillon Parkway
St Petersburg, Florida 33716
P. Neuhedel, AMBAC
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'. AMBAC
May 20, 1996
A!\IBAC INDE!\1NITY STANDARD PACKAGE
FOR TRANSACTIONS SUPPORTED BY AN
AMBAC INDE!\1NITY CORPORATION
SURETY BOND WITHOUT DEPOSIT AGREEME~T
TO: Issuer, Issuer's Counsel, Managing Underwriter, Bond Counsel and Und~rwriter's Counsel
RE: Preparation of Financing Documents for Issues the Debt Service R~serve Fund of which is
to be supported by an AMBAC Indemnity Corporation C'AMBAC Indemnity") Surety Bond
The attached materials have been prepared to assist you in the preparation of documents for issues
the Debt Service Reserve Fund of which is to be supported by an AMBAC Indemnity Surety Bond.
Please modify the attached exhibits where appropriate. If desired. these provisions can be
incorporated into one section entitled "Debt Service Reserve Fund AMBAC Indemnity Surety
Bond" \\ithin the applicable Indenture, Resolution, Ordinance, Order or any other operative
financing document (such applicable financing document \\;11 be referred to herein as the
"Financing Document"). Plense be advised that the provisions con~ined in this package are in
addition to the conditions listed on the commitment for the AMBAC Surety Bond and any other
comments or changes that may be required by the AMBAC Indemnity p~rsonnd working on this
financing. This package and the documents contained herein are not for use in Virginia
financings. If you have any questions, please call one of the following persons: Eiken L. Kirchoff.
Mary P. McKeon, Jerry H. Pisecki, Karl T. Molin, or Kevin J. Doyle.
. D~finjtions (Exhibit A).
. AMBAC Indemnity consent required for changes to und~r1~ ing documentation and
exercise of remedies upon default (Exhibit B).
. Information to be given to AMBAC Indemnity (Exhibit C).
. Description of AMBAC Indemnity pa~ ment procedure (Exhibit D).
. AMBAC Indemnity Official Statement Disclosure (Exhibit E).
. Fonn of AMBAC Indemnity Opinion (Exhibit F).
. Fonn of Surety Certificate of Bond Insur~r (Exhibit G)
. Fonn of Suret\' Bond (Exhibit H).
. Fonn of Guaranty Agreement (Exhibit I).
. AMBAC Indemnity Corporation Wiring Instructions (Exhibit 1)
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EXHIBIT A
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DEFINITIONS
The follo\\ing definitions are those which AMBAC recommends for the Financing Document:
'.AMBAC Indemnity" shall mean AMBAC Indemnity Corporation. a \Visconsin domiciled stock
Insurance company.
"Surety Bond" shall mean the surety bond issued by AMBAC Indemnity guaranteeing certain
payments into the Debt Service Reserve Fund with respect to the Bonds as provided therein and
subject to the limitations set forth therein.
2
EXHI BIT B
AMBAC CONSENT LANGUAGE
AMBAC requires that the Financing Document contain the folJo\\ing consent language:
A. Consent of AMBAC Indemnity.
Any provision of this [Financing Document) expressly recognizing or granting rights in or to
AMBAC Indemnity may not be amended in any manner which affects the rights of AMBAC
Indemnity hereunder \\ithout the prior written consent of AMBAC Indemnity.
B. Consent of AMBAC Indemnity in Addition to Bondholder Consent.
Unless othel'\\1Se provided in ~is Section, AMBAC Indemnity's consent shall be required in
addition to Bondholder consent, when required, for the follo\',,;ng purposes: (i) execution and
delivery of any supplemental [Financing Document] or any amendment, supplement or change to or
modification of the [Loan Agreement, Lease Agreement, etc.) (ii) removal of the Trustee or Paring
Agent or selection and appointment of any successor trustee or paying agent: and (iii) initiation or
approval of any action not described in (i) or (ii) above which requires Bondholder consent.
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EXHIBIT C
INFORMATION TO BE GIVEN TO AMBAC INDEMNITY
AAtBAC requires that the follo\\;ng notice prOVISions be incorporated into the Financing
Document:
A. While the Suret)' Bond is in effect, the Issuer- or the Trustee, as appropriate, shall furnish to
AMBAC Indemnity:
(a) as soon as practicable after the filing thereof, a copy of any financial statement of the Issuer
and a copy of any audit and annual report of the Issuer;
(b) a copy of any notice to be given to the registered O\\l1ers of the Bonds and any certificate
rendered pursuant to this [Financing Document] relating to the security for the Bonds; and
(c) such additional information it may reasonably request.
B. The Issuer \\;11 pennit AMBAC Indemnity to discuss the affairs. finances and accounts of the
Issuer or any infonnation AMBAC Indemnity may reasonably request regarding the security for
the Bonds \\ith appropriate officers of the Issuer. The Trustee or Issuer. as appropriate, will
permit AMBAC Indemnity to [have access to the Project and] have access to and to make copies of
all books and records relating to the Bonds at any reasonable time.
C. Notwithstanding any other provision of this [Financing Document], the Trustee shall
immediately notify AMBAC Indemnity if at any time there are insufficient moneys to make any
pa~ ments of principal and interest as required and immediately upon the occurrence of (i) any event
of default hereunder or (ii) any payment default under any related security agreement.
D. To the extent that the Issuer has entered into a continuing disclosure agreement with respect to
the Bonds, AMBAC Indemnity shall be included as party to be notified.
.or appropriate obligor on the Bonds.
4
, , . .
" ',. . , < .
. . '. ''',' ,
--~---------~--_._~._---~---- '- -_._-~---~--~~~-----~-_._----~-- -
"
EXHIBIT D
PA YMENT PROCEDURE PURSUANT TO THE SURETY BOND
The follo\\ing language sets out standard procedure for pa)ments under the Surety Bond.
Modifications should be made to take into account definitions used in the Financing Document
(e.g. Debt Service Reserve FuntL Revenues, Additional Funding Instrument). Specific or different
pa)ment procedure required by the Financing Document must be discussed ,..ith AMBAC
Indemnity.
A. As long as the Surety Bond shall be in full force and effect, the Issuer, Trustee and Paying
Agent, if appropriate, agree to comply with the following provisions:
(a) In the event and to the extent that moneys on deposit in the Fundi Account,
plus all amounts on deposit in and credited to the [Debt Service Reserve Fund] in excess of the
amount of the Surety Bond, are insufficient to pay the amount of principal and interest coming due,
then upon the later of: (i) one (1) day after receipt by the General Counsel of AMBAC of a demand
for payment in the fonn attached to the Surety Bond as Attachment 1 (the '"Demand for
Pa)ment"), duly executed by the Paying Agent certifying that payment due under the [Financing
Document] has not been made to the Paying Agent; or (ii) the payment date of the Obligations as
specified in the Demand for Payment presented by the Paying Agent to the General Counsel of
Af\1BAC, AMBAC \\;11 make a deposit of funds in an account with the Paying Agent or its
successor, in New York, New York, sufficient for the pa)ment to the Paying Agent, of amounts
which are then due to the Paying Agent under the [Financing Document] (as specified in the
Demand for Payment) up to but not in excess of the Surety Bond Coverage, as defined in the
Surety Bond; provided, however, that in the event that the amount on deposit in, or credited to, the
[Debt Service Reserve Fund], in addition to the amount available under the Surety Bond, includes
amounts available under a letter of credit~ insurance policy, surety bond or other such funding
instrument (the "Additional Funding Instrument"), draws on the Surety Bond and the Additional
Funding Instrument shall be made on a pro rata basis to fund the insufficiency.
(b) the Trustee, or Pa~;ng Agent, if appropriate, shall, after submitting to AMBAC Indemnity the
Demand for Pa)ment as provided in (a) above, make available to AMBAC Indemnity all records
relating to the Funds and Accounts maintained under this [Financing Document].
(c) the Trustee, or Pa)ing Agent, if appropriate, shall, upon receipt of moneys received from the
draw on the Surety Bond, as specified in the Oem:md for Pa~ment, credit the Debt Service Reserve
Fund to the extent of moneys received pursuant to such Demand.
(d) the [Debt Service Reserve Fund] shall be replenished in the following priority: (i) (principal
and interest on the Surety Bond shall be paid from first available Revenues] [principal and interest
on the Surety Bond and on the Additional Funding Instrument slmll be paid from first available
Revenues on a pro rata basis]; (ii) after all such amounts are paid in full. amounts necessary to
fund the [Debt Service Rest:rve Fund) to the required level. after bking into account the amounts
available under the Surety Bond [and the Additional Funding Instrument] shall be deposited from
next available Revenu~.
5
EXHI BIT E
OFFICIAL ST A TEJ\1ENT DISCLOSURE FOR
AMBAC INDEMNITY CORPORATION SURETY BOND
Security For The Bonds
Debt Service Reserve Fund Al\-lBAC Indemnity Surety Bond
The [Financing Dccument] requires the establishment of a Debt Service Reserve Fund in an
amount equal to S >. The [Financing Document] authorizes the Issuer to obtain a Surety Bond in
place of fully funding the Debt Service Reserve Fund. Accordingly, application has been made to
AMBAC Indemnity Corporation ("AMBAC Indemnity") for the issuance of a Surety Bond for the
purpose of funding [a portion of] the Debt Service Reserve Fund (see hTHE [Financing
Document] > U herein). The Bonds will only be delivered upon the issuance of such Surety Bond.
The premium on the Surety Bond is to be fully paid at or prior to the issuance and delivery of the
Bonds. The Surety Bond provides that upon the later of (i) one (1) day after receipt by AMBAC
Indemnity of a demand for pa)ment executed by the Paying Agent certifying that provision for the
pa)ment of principal of or interest on the Bonds when due has not been made or (ii) the interest
payment date specified in the Demand for Pa~rnent submitted to MfBAC Indemnity, AMBAC
Indemnity \'-ill promptly deposit funds with the Paying Agent sufficient to enable the Paying Agent
to make such payments due on the Bonds, but in no event exceeding the Surety Bond Coverage, as
defined in the Surety Bond.
Pursuant to the tenns of the Surety Bond, the Surety Bond Coverage is automatically reduced to
the extent of each pa)ment made by AMBAC Indemnity under the terms of the Surety Bond and
the Issuer is required to reimburse AMBAC Indemnity for any draws under the Surety Bond with
interest at a market rate. Upon such reimbursement, the Surety Bond is reinstated to the extent of
each principal reimbursement up to but not exceeding the Surety Bond Coverage. The
reimbursement obligation of the Issuer is subordinate to the Issuer's obligations \\ith respect to the
Bonds.
In the event the amount on deposit, or credited to the Debt Service Reserve Fund, exceeds the
amount of the Surety Bond, any draw on the Surety Bond shall be made only after all the funds in
the Debt Service Reserve Fund have been expended. In the event that the amount on deposit in, or
credited to, the [Debt Service Reserve Fund], in addition to the amount available under the Surety
Bond, includes amounts available under a letter of credit, insurance policy, surety bond or other
such funding instrument (the .'Additional Funding Instrumcnf'), draws on the Surety Bond and the
Additional Funding Instrument shall be made on a pro rata basis to fund the insufficiency. The
[Financing Document] provides that the [Debt Service Reserve Fund] shaJJ be replenished in the
fo11o\\;ng priority: (i) [principal and interest on the Surety Bond shall be paid from first available
Revenues] [principal and interest on the Surety Bond and on the Additional Funding Instrument
shall be paid from first available Revenues on a pro rata basis]; (ii) after all such amounts are paid
in full, amounts necessary to fund the [Debt Service Reserve Fund] to the required level, after
taking into account the amounts available under the Surety Bond [and the Additional Funding
Instrument] shall be deposited from next available Revenues.
The Surety Bond does not insure against nonpa~ment caused by the insolvency or negligence of the
Trustee or the Paying Agent.
6
AI\IBAC INDEMNITY CORPORATION
M1BAC Indemnity Corporation ("AMBAC Indemnity') is a Wisconsin.Jornicilcd stock insurance
corporation regulated by the Office of the Commissioner of lnsurnncc of the State of Wisconsin and
licensed to do business in 50 stUCS, the District ofColumbi~ the TCrrltor\' ofG~ and the
- .
Commonwealth of Puerto Rico, v.ith admitted assets of approx..iJrotely S2.4-10,OOO,OOO {unaudited} and
statutory capital of approximately ~1 ,387,000.000 (unaudited) as of March J 1. 1996. S~tory
c:lpital consists of AMBAC Indemnity's policyholders' surplus and statutory contingency reserve.
AMBAC Indemnity is a wholly owned subsidiary of AMBAC Inc., a 100% publicly-held company.
Stancbrd & Poor's Ratings Services, a division of The McGraw-Hili Companies, Inc., Moody's
Investors Service and Fitch Investors Service, L.P. have each assigned a triple-A c1aims-pa~ing ability
rating to AMBAC Indemnity.
MfBAC Indenmity has entered into pro rata reinsurance agreements under which a percentage of
the insurance underwritten pursuant to cerbin municipal bond insurance programs of AMBAC
Indemnity has been and \\ill be assumed by a number of foreign and domestic unaffiliated
remsurers.
MfBAC Indenmity has obbined a ruling from the Internal Revenue Service to the effect that the
insuring of an obligation by AMBAC Indemnity will not affect the treatment for federal income tax
purposes of interest on such obligation and that insurance proceeds representing maturing interest
paid by AMBAC Indemnity under policy provisions substantially identical to those contained in its
municipal bond insurance policy shall be treated for federal income tax purposes in the same
manner as if such payments were made by the issuer of the Bonds. (THE FOLLOWING MUST
BE INCLUDED IN ANNUAL APPROPRIATION LEASE TRANSACTION: No
represenbtion is made by AMBAC Indemnity regarding the federal income tax treatment of
pa~ments that are made by AMBAC Indemnity under the tenns of the Policy due to
nonappropriation of funds by the Lessee]
AMBAC Indemnity makes no representation regarding the Bonds or the advisability of investing in
the Bonds and makes no representation regarding, nor has it participated in the preparation of, the
Official Statement other than the information supplied by AMBAC Indemnity and presented under
the heading'" "
AVAILABLE INFORl\lA TION
The parent company of AMBAC Indemnity, AMBAC Inc. (the "Company"), is subject to the
informational requirements of the Securities Exchange Act of 1934, as am~nded (the "Exchange
Act''), and in accordance therewith files reports. proxy statements and other infonnation with the
Securities and Exchange Commission (the hCommission"). Such reports, proxy statements and
other infonnation may be inspected and copied at the public reference facilities rrointained by the
Commission at 450 Fifth Street, N.W., Washington, D.C. 20549 and at the Commission's regional
offices at 7 World Trade Center, New Yor~ New York 10048 and Northwestern Atrium Center,
500 West Madison Street, Suite 1400, Chicago, Illinois 60661. Copies of such material can be
obbined from the public reference section of the Commission at 450 Fifth Street. N.W.,
Washington, D.C. 20549 at prescribed rates. In addition, the aforementioned material may also be
inspected at the offices of the New York Stock Exchange, Inc. (the "NYSE") at 20 Broad Street,
New York, New York 10005. The Company's Common Stock is listed on th~ NYSE.
7
,n"" ..
Copies of AMBAC Indemnity's financial statements prepared in accordance \\;th statutory
accounting standards are available from AMBAC Indemnity. The address of AMBAC Indemnity's
administrative offices and its telephone number arc One SUte Street Plaza. 17th Floor, New York,
New York, 10004 and (212) 668 0340.
INCORPORATION OF CERTAIN DOCUMENTS BY REFERENCE
The follo\\1ng documents filed by the Company \\ith the Commission (File No. 1-10777) are
incorporated by reference in this Official Statement:
(1) The Company's Annual Report on Fonn 10-K for the fiscal year ended December 31, 1995
and filed on April 1, 1996;
(2) The Company's Current Report on Fonn 8-K dated January 31, 1996 and filed on
February 28, 1996;
(3) The Company's Current Report on Fonn 8-K dated March 13, 1996 and filed on
March 14, 1996; and
(4) The Company's Current Report on Fonn 8-K/A, First Amendment to Current Report
on Fonn 8-K dated March 13, 1996 and filed on March 15. 1996.
All documents subsequently filed by the Company pursuant to the requirements of the Exchange Act
after the <bte of this Official Sbtement \\ill be available for inspection in the same manner as described
above in "AVAILABLE INFORMA TION~.
EXHIBIT F
FORl\1 OF AMBAC INDEMNITY OPINION
>. I 99
Ladies and Gentlemen:
This opinion has been requested of the undersigned, a Vice President and an AssisUlnt General
Counsel of AMBAC Indemnity Corporation, a Wisconsin stock insurance company C'AMBAC
Indemnity"), in connection ".ith the issuance by AMBAC Indemnity of a cerbin Surety Bond,
effective as of the date hereof (the "Surety"), guaranteeing pa)ment of an amount equal to $> into
the Debt Service Reserve Fund for the >, <k1ted > (the "Bonds").
In connection with my opinion herein, I have examined the Surety, such statutes, documents and
proceedings as I have considered necessary or appropriate under the circumstances to render the
follo\',ing opinion, including, without limiting the generality of the foregoing, certain statements
contained in the Official Statement of the Issuer dated >, 199-, rcl:lting to the Bonds (the
"Official Statement") under the headings h>" and ">".
Based upon the foregoing and having regard to legal considerations I deem relevant. I am of the
opinion that:
1. AMBAC Indemnity is a stock insurance company duly organized and validly existing under the
laws of the State of Wisconsin and duly quallfied to conduct an insurance business in the State of
>.
2. AMBAC Indemnity has full corporate power and authority to execute and deliver the Surety and
the Surety has been duly authorized, executed and delivered by AMBAC Indemnity and constitutes
a legal. valid and binding obligation of AMBAC Indemnity enforce:lble in accordance with its
terms except to the extent that the enforceability (but not the validity) of such obligation may be
limited by any applicable bankruptcy, insolvency, liquidation, rehabilitation or other similar law or
enactment now or here:lfter enacted affecting the enforcement of creditors' rights.
3. The execution and delivery by AMBAC Indemnity of the Surety \\ill not. and the consummation
of the transactions contemplated thereby and the satisfaction of the tenns thereof will not, conflict
\\ith or result in a breach of any of the tenns, conditions or provisions of the Certificate of
Incorporation or By Laws of AMBAC Indemnity, or any restriction contained in any contract,
agreement or instrument to which AMBAC Indemnity is a party or by which it is bound or
constitute a default under any of the foregoing.
4. Proceedings legally required for the issuance of the Surety have been taken by AMBAC
Indemnity and licenses, orders. consents or other authorizations or approvals of any governmental
boards or bodies legally required for the enforceability of the Surety have been obtained: any
proceedings not taken and any licenses. authorizations or approvals not obtained arc not material to
the enforceability of the Surety.
9
...1.;' .
5. The stltemcnts conuined in the Official St41tcmcnt under the heading '">," insofar as such
sbtcments constitute sUll'lJrulries of the matters referred to therein, accurately reflect and fairly
present the information purported to be shown and, insofar as such statements describe AMBAC
Indemnity. fairly and accurately describe AMBAC Indemnity.
The opinions expressed herein are solely for your benefit, and may not be relied upon
by any other person.
Very truly yours,
Vice President and
AssiSbnt General Counsel
,"
},
,
.~ .
10
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EXHIBIT G
SURETY CERTIFICATE OF BOND INSURER
AMBAC Indemnity Corporation ("AMBAC") is issuing a surety bond (the "Surety Bond")
guaranteeing pa)ment of an amount equal to $> to fund the Bond Reserve Requirement (as defined
in the Surety Bond) established \..ith regard to> (the "Issuer") >, dated> (the "Bonds").
On behalf of AMBAC, the undersigned hereby certifies that:
(i) the Surety Bond is an unconditional and recourse obligation of AMBAC to pay the
scheduled payments of interest and principal on the Bonds in the event a draw on the Reserve Fund
is required under the {ResolutionlIndenture} and the amount credited to such Fund is insufficient
to make such payment (up to but not in excess of the Surety Bond Coverage as defined in the
Surety Bond);
(ii) the premium of $> for the Surety Bond was detcnnined in ann's length negotiations in
accordance \\ith our standard procedures, is required to be paid as a condition to the issuance of
the Surety Bond, and represents a reasonable charge for the transfer of credit risk;
(iii) no portion of such premium represents a pa)'ment for any direct or indirect services
other than the transfer of credit risk, including costs of underwriting or remarketing the Bonds or
the cost of insurance for casualty of Bond financed property;
(iv) we are not co-obligors on the Bonds and we do not reasonably expect that we \\;11 be
called upon to make any payment under the Surety Bond; and
(v) the Issuer is not entitled to a refund of any portion of the premium for the Surety Bond
in the event that the Bonds are retired prior to their stated maturity.
IN \VITNESS WHEREOF, AMBAC Indemnity Corporation has caused this certificate
to be executed in its name on this> day of >, 19> by one of its officers duly authorized as of such
date.
AMBAC INDEMNITY CORPORATION
By:
>
Vice President and
Assistant General Counsel
. , .. - -. .~
~ . . .
.. .
EXHIBIT H
SURETY BOND
AMBAC Indemnity Corporation
One State Street Plaza
New York, New York 10004
Telephone: (212) 668-0340
Policy No. SB BE
AMBAC Indemnity Corporation ("AMBAC"), in consideration of the pa)ment of the premium
and subject to the terms of this Surety Bond, hereby unconditionally and irrevocably guarantees the
full and complete pa)'ments which are to be applied to pa)ment of principal of and interest on the
Obligations (as hereinafter defined) and which are required to be made by or on behalf of the (the
'"Obligor') to (the "Paying AgentITrustee") as such pa~ments are
due by the Obligor but shall not be so paid pursuant to a resolution of the City Council of the
Obligor authorizing the issuance of $ (the hOb ligations") of said city and providing the
terms and conditions for the issuance of said Obligations (the hResolution/IndenturelOrdinance")~
provided thnt the amount available at any particular time to be paid to the Paying Agent under the
terms hereof slmll not exceed the Surety Bond Coverage, defined herein as the lesser of $
or the [Debt Service Reserve Fund Requirement for the Obligations, as that term is defined in the
Resolution) (the '.Reserve Requirement"). The Surety Bond Coverage shall be reduced and may
be reinstated from time to time as set forth herein.
I. As used herein, the term hO\\ner" shall me:m the registered o\\ner of any Obligation as
indicnted in the books mainmined by the applicable paying agent, the Obligor or any designee of
the Obligor for such purpose. The term .'O\\ner~' shall not include the Obligor or any person or
entity whose obligation or obligations by agreement constitute the underl~;ng security or source of
pn}ment of the Obligations.
2. Upon the later of: (i) one (I) day after receipt by the General Counsel of AMBAC of a demand
for pn}ment in the form atbched hereto as AtUlchment I (the "Demand for Payment"), duly
executed by the Paying Agent certifying that pa)ment due as required by the Resolution has not
been mnde to the Pa};ng Agent~ or (ii) the pa~ment date of the Obligations as specified in the
Demand for Pa}ment presented by the Pa};ng Agent to the General Counsel of AMBAC, AMBAC
\\;11 make a deposit of funds in an account with the Pa);ng Agent or its successor, in [City/State)
sufficient for the pa)ment to the Paying Agent, of amounts which are then due to the Paying Agent
(as specified in the Demand for Pa)ment) up to but not in excess of the Surety Bond Coverage.
3. Demand for Pa}ment hereunder may be made by prepaid telecopy, telex, or telegram of the
executed Demand for Payment clo the General Counsel of AMBAC. If a Demand for Payment
nude hereunder does not, in any insbnce conform to the terms and conditions of this Surety Bond,
AMBAC slull give notice to the Paying Agent. as promptly as reasonably practicable that such
Demand for Pa}ment was not effected in accord:mce with the teons and conditions of this Surety
Bond and briefly sbte the renson(s) therefor. Upon being notified that such Demnnd for Pa}ment
was not effected in accordance \'.;th this Surety Bond, the Paying Agent Imy attempt to correct any
such nonconfonning Demand for Pa)ment if, and to the extent that. the Paying Agent is entitled
and able to do so.
12
,I ,. .
, . .\ \' ". . '. .....
, .
, . . ,.. . . ...~'" --
. . , . ...
4. The amount payable by Al\1BAC under this Surety Bond pursuant to a Demand for Payment
shall be limited to the Surety Bond Coverage, The Surety Bond Coverage shall be reduced
automatically to the extent of each pa)ment made by AMBAC hereunder and will be reinstated to
the extent of each reimbursement of AMBAC by the Obligor pursuant to Article II of the Guaranty
Agreement, dated as of the d:1te of the Obligations, by and between AM BAC and the Obligor (the
"Guaranty Agreement"); provided, that in no event shall such reinstatement exceed the Surety
Bond Coverage. AMBAC \\ill notify the Paying Agent, in writing \\ithin five (5) days of such
reimbursemen~ that the Surety Bond Coverage has been reinstated to the extent of such
reimbursement pursuant to the Guaranty Agreement and such reinstatement shall be effective as of
the date AMBAC gives such notice. The notice to the Paying Agent \\;11 be substantially in the
form attached hereto as Attachment 2. The Surety Bond Coverage shall be automatically reduced
to the extent that the Reserve Requirement for the Obligations is lowered or reduced pursuant to
the tenns of the Resolution.
S. Any service of process on AMBAC may be made to AMBAC or the office of the General
Counsel of AMBAC and such service of process shall be valid and binding as to AMBAC. During
the tenn of its appointment, General Counsel will act as agent for the acceptance of service of
process and its offices are located at One State Street Plaza, New York, New York 10004,
6. This Surety Bond is noncancelable for any reason. The tenn of this Surety Bond shall expire on
the earlier of (i) (the maturity date of the Obligations) or (ii) the date on which the
Obligor, to the satisfaction of AMBAC, has made all payments required to be made on the
Obligations pursuant to the Resolution. The premium on this Surety Bond is not refundable for
any reason. including the pa)ment prior to maturity of the Obligations.
7. This Surety Bond shall be governed by and interpreted under the laws of the State of Wisconsin
[or I\'linnesota, Vermont, North Carolina, South Carolina or \Vashington, for financings in
those states], and any suit hereunder (seeking specific performance, for financings in Florida) in
connection with any pa)ment may be brought only by the Paying Agent \\;thin one year [two years
in l\1innesota, three years in Maryland, five years in Kansas and five years in Florida) after (i)
a Demand for Pa}ment, \'..ith respect to such pa)nlent, is made pursuant to the tenns of this Surety
Bond and AMBAC has failed to make such pa~ment or (ii) pa~ment would otherwise have been
due hereunder but for the failure on the part of the Paying Agent to deliver to AMBAC a Demand
for Pa~ment pursuant to the terms of this Surety Bond, whichever is earlier.
8. One of the following paragraphs may apply:
ADDITIONAL PARAGRAPH FOR CALIFORNIA TRANSACTIONS:
In the event that AMBAC Indemnity were to become insolven~ any claims arising under the Surety
Bond would be excluded from coverage by the California Insurance Guaranty Association,
esublished pursuant to the laws of the Stolte of California.
ADDITIONAL PARAGRAPH FOR NEW YORK TRANSACTIONS:
'The insurance provided by the Surety Bond is not covered by the property/casualty insurance
security fund specified by the insurance laws of the State of New York.
13
ADDITIONAL PARAGRAPH FOR FLORIDA TRANSACTIONS:
The insurance provided by the Surety Bond is not covered by the Florida InsurJIlcc GuarJIlty
Association.
IN \VITNESS WHEREOF, AMBAC has caused this Surety Bond to be executed JIld attested on
its behalf this day of, 19
AMBAC Indemnity Corporation
Attest:
Assistant Secretary
By:
Vice President and
Assistant General Counsel
By:
[Countersignature Agent, if applicable]
14
~;,
Attachment 1
Surety Bond No.SB BE
DEMAND FOR PAYMENT
. 19
AMBAC Indemnity Corporation
One State Street Plaza
New York, New Yark 10004
Attention: General Counsel
Reference is made to the Surety Bond No. S8 BE (the "Surety Bond") issued by AMBAC
Indemnity Corporation ("AMBAC"). The terms which are capitalized herein and not otherwise
defined have the meanings specified in the Surety Bond unless the context otherwise requires.
The Pa~ing Agent hereby certifies that:
(a) Pa)ment by the Obligor to the Paying Agent was due on [a dat~ not less than one (I)
day pnor to the applicable payment date for the Obligations J under the
. attached hereto as Exhibit A, in an amount equal to S (the
"Amount Due~'). The Amount Due is payable to the O\\ners of the Obligations on
(b) S has been deposited in the [fund/account] from moneys paid by the Obligor
or from other funds legally available to the Paying Agent for pa}ment to the O\\ners of the
Obligations, which amount is $ less than the Amount Due (the '.D~ficiency"). .
(c) The Paying Agent has not heretofore made demand under the Surety Bond for the Amount Due
or any portion thereof.
The Pa)ing Agent hereby requests that payment of the Deficiency (up to but not in excess of the
Surety Bond Coverage) be made by AMBAC under the Surety Bond and directs that payment
under the Surety Bond be made to the follo\,;ng account by bank wire transfer of federal or other
immediately available funds in accordance \\rith the tenns of the Surety Bond:
[Pa)ing Agent's
Account]
[PAYING AGENT)
By:
Its:
15
. .
.. .',',
I _':' _,~. . '.' ~ '--""" 4 ~ _
'-, - .
Attachment 2
Surety Bond No. S8 BE
NOTICE OF REINSTATEMENT
, 19
[Paying Agent]
[Address]
Reference is made to the Surety Bond No. S8 BE (the "Surety Bond") issued by AMBAC
Indemnity Corporation ("AMBACtl). The tenns which are capitalized herein and not othelwise
defined have the meanings specified in the Surety Bond unless the context otherwise requires.
AMBAC hereby delivers notice that it is in receipt of payment from the Obligor pursuant to Article
II of the Guaranty Agreement and as of the date hereof the Surety Bond Coverage is $ .
subject to a reduction as the Resen'e Requirement for the Obligations is lowcred or rcduccd
pursuant to the terms of the Resolution.
AMBAC INDEMNITY CORPORATION
Attest:
Title
By:
Title
16
EXHIBIT I
GUARANTY AGREEl\'IENT
GUARANTY AGREEMENT dated as of , 19 by and between
. a public body corporate organized and existing under the laws of the State of (the
"Obligor"); and AMBAC INDEMNIlY CORPORATION ("AMBAC"), a Wisconsin domiciled
stock insurance company.
WITNESSETH:
WHEREAS, the Obligor has or will issue
(the "Obligations''); and
WHEREAS, AMBAC \..ill issue its Surety Bond (the "Surety Bond"), substantially in
the fonn set forth in Annex A to this Agreement, guaranteeing certain pa)ments by the Obligor
subject to the terms and limitations of the Surety Bond~ and
WHEREAS, to induce AMBAC to issue the Surety Bond, the Obligor has agreed to pay
the premium for such Surety Bond and to reimburse AMBAC for all pa~ments made by AMBAC
under the Surety Bond from Legally Available Funds, all as more fully set forth in this Agreement:
and
WHEREAS, the Obligor understands that AMBAC expressly requires the delivery of this
Agreement as part of the consideration for the execution by AMBAC of the Surety Bond: and
NOW, THEREFORE, in consideration of the premises and of the agreements herein
contained and of the execution of the Surety Bond, the Obligor and AMBAC agree as follows:
ARTICLE I
DEFINITIONS; SURETY BOND
Section 1.01. Definitions. Except as othen..ise expressly provided herein or unless the context
othel'\\ise requires, the tenns which are capitalized herein shall have the meanings specified in
Annex B hereto.
Section 1.02. Suretv Bond.
(3) AMBAC \\ill issue the Surety Bond in accordance with and subject to the tenns and conditions
of the Commitment.
(b) The maximum liability of AMBAC under the Surety Bond and the coverage and term thereof
shall be subject to and limited by the Surety Bond Coverage and the tenns and conditions of the
Surety Bond.
17
.
(c) Pa~ments made under the Surety Bond will reduce the Surety Bond Coverage to the extent of
that pa~ment, provided that the Surety Bond Coverage shall be automatically reinstated to the
extent of the reimbursement of principal by the Obligor of any pa~ment made by AMBAC.
AMBAC slull notify the Paying Agent in writing no later than the fifth (5th) day following the
reimbursement by the Obligor that the Surety Bond has been reinsUted to the extent of such
reimbursement.
Section 1.03. Premium. In consideration of AMBAC agreeing to issue the Surety Bond
hereunder, the Obligor hereby agrees to payor cause to be paid from Legally Available Funds the
premium set forth in the Conunitment.
Section 1.04. Certain Other Expenses. The Obligor \\;11 pay all reasonable fees and
disbursements of AMBAC's counsel related to any modification of this Agreement or the Surety
Bond.
ARTICLE II
REII\'IBURSEr.'lENT OBLIGATIONS OF OBLIGOR AND SECURITY THEREFORE
Section 2.01. Reimbursement for Pa\ments Under the Suret\' Bond and Expenses.
(a) The Obligor ,,;11 reimburse AMBAC, from Legally Available Funds within the
Reimbursement Period, ,..ithout demand or notice by AMBAC to the Obligor or any other person,
to the extent of each Surety Bond Pa)TI1ent with interest on each Surety Bond Pa~TI1ent from and
including the ~te made to the date of the reimbursement by the Obligor at the Effective Interest
Rate. The Obligor agrees that it shall make monthly level principal repa)ments for each Surety
Bond Pa)ment during the Reimbursement Period. Interest on each Surety Bond Pa)ment shall be
paid monthly during the Reimbursement Period. To the extent that interest pa}ments due
hereunder are not paid on a monthly basis, or are not paid as each principal repa~ment is made,
interest shall accrue on such unpaid amounts at a rate equal to the Effective Interest Rate.
(b) The Obligor also agrees to reimburse AMBAC, from Legally Available Funds, immediately
and unconditiorullly upon demand for all reasonable expenses incurred by MfBAC in connection
,..ith the Surety Bond and the enforcement by AMBAC of the Obligor's obligations under this
Agreement together ,..ith interest on all such expenses from and including the date which is 30 days
from the date a statement for such expenses is received by the Obligor incurred to the date of
pa~ment at the rate set forth in subsection (a) of this Section 2.01.
Section 2.02. Allocation of Pa\ments. AMBAC and the Obligor hereby agree that each
repa)ment of principal received by AMBAC from or on behalf of the Obligor as a reimbursement
to AMBAC as required by Section 2.01(a) hereof shall be applied to reinsbte all or a portion of
the Surety Bond Coverage to the extent of such repa~ment. Any interest payable pursuant to
Section 2.0 I(a) hereof shall not be applied to the reinstatement of any portion of the Surety Bond
Coverage.
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Section 2.03. Securitv for Pa)ments: Instruments of Further As~urance. To the extent, but only to
the extent, that the Resolution, pledges to the O\\ners or any paying agent therefor, or grants a
security interest or lien in or on any collateral property, revenue or other pa~mcnts ("Collateral
and Revenues") in order to secure the Obligations or provide a source of pa~mcnt for the
Obligations, the Obligor hereby grants to AMBAC a security interest in or lien on. as the case may
be, and pledges to AMBAC all such Collateral and Revenues as security for pa)ment of all
amounts due hereunder, which security interest, lien andlor pledge created or granted under this
Section 2.03 shall be subordirulte only to the interests of the Owners and any paying agent therefor
in such Collateral and Revenues. The Obligor agrees that it \\;11, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all
financing statements, if applicable, and all other further instruments as may be required by law or
as shall reasonably be requested by AMBAC for the perfection of the security interest, if any,
granted under this Section 2.03 and for the preservation and protection of all rights of AMBAC
under this Section 2.03.
Section 2.04. Unconditional Obligation. The obligations of the Obligor hereunder are absolute
and unconditional and will be paid or perfonned strictly in accordance with this Agreement,
irrespective of:
(a) any lack of validity or enforceability of: or any amendment or other modification of, or waiver
with respect to the Resolution or the Obligations;
(b) any exchange, release or nonperfection of any securitv interest 10 property securing the
Obligations or this Agreement or any obligations hereunder;
(c) any circumstances which might otherwise constitute a defense available to, or discharge of, the
Obligor \\ith respect to the Obligations;
(d) whether or not such Obligations are contingent or matured. disputed or undisputed, liquidated
or unliquidated.
ARTICLE III
EVENTS OF DEFAULT; REMEDIES
Section 3.01. Events of Default. The follo\\;ng events shall constitute Events of Def~ult
hereunder:
(a) The Obligor shall fail to pay to AMBAC any amount payable under Sections 1.04 and 2.01
hereof and such failure shall have continued for a period in excess of the Reimbursement Period~
(b) Any material representation or warranty made by the Obligor hereunder or under the
Resolution or any statement in the application for the Surety Bond or any report, certificate,
firumcial statement or other instrument provided in connection \\ith the Commitment, the Surety
Bond or here'....ith shall have been materially false at the time when made~
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(c) Except as otherwise provided in this Section 3.0 I, the Obligor shall fail to perform any of its
other obligations under this Agreement or hereunder, provided that such failure continues for more
than thirty (30) days after receipt by the Obligor of notice of such failure to perfonn:
(d) The Obligor shall (i) voluntarily conunence any proceeding or file any petition seeking relid
under the United States Bankruptcy Code or any other Federal, state or foreign bankruptcy,
insolvency or similar law, (ii) consent to the institution of, or fail to controvert in a timely and
appropriate manner, any such proceeding or the filing of any such petition, (iii) apply for or
consent to the appointment of a receiver, paying agent, custodian, sequestrator or similar official
for the Obligor or for a substantial part of its property, (iv) file an answer admitting the material
allegations of a petition filed against it in any such proceeding, (v) make a general assignment for
the benefit of creditors, (vi) become unable, admit in writing its inability or fail generally to pay its
debts as they become due or (vii) take action for the purpose of effecting any of the foregoing; or
(e) An involuntary proceeding shall be conunenced or an involuntary petition shall be filed in a
court of competent jurisdiction seeking (i) relief in respect of the Obligor, or of a substantial part of
its property, under the United States Bankruptcy Code or any other Federal. state or foreign
bankruptcy, insolvency or similar law or (ii) the appointment of a receiver, pa~ing agent,
custodian, sequestrator or similar official for the Obligor or for a substantial part of its property:
and such proceeding or petition shaH continue undismissed for sixty (60) days or an order or decree
approving or ordering any of the foregoing shall continue unstayed and in effect for thirty (30)
days.
Section 3.02. Remedies. If an Event of Default shall occur and be continuing, then AMBAC may
take whatever action at law or in equity may appear necessary or desirable to collect the amounts
then due and thereafter to become due under this Agreement or any related instrument and any
obligation, agreement or covenant of the Obligor under this Agreement: provided, however, that
AM BAC may not take any action to direct or require acceleration or other early redemption of the
Obligations or adversely affect the rights of the O\\ners. All rights and remedies of AMBAC
under this Section 3.02 are cumulative and the exercise of anyone remedy does not preclude the
exercise of one or more of the other available remedies.
ARTICLE IV
SETTLEMENT
AMBAC shalI have the exclusive right to decide and determine whether any claim, liability, suit or
judgment made or brought against AMBAC, the Obligor or any other party on the Surety Bond
shall or shall not be paid, compromised, resisted, defendecL tried or appealed, and AMBAC's
decision thereo~ if made in good faith, shall be final and binding upon the Obligor. An itemized
sbtement of pa~ments made by AMBAC, certified by an officer of A~fBAC. or the voucher or
vouchers for such pa~ments, shall be prima facie evidence of the liability of the Obligor. and if the
Obligor fails to reimburse AMBAC, pursuant to subsection (b) of Section 2.01 hereof. upon the
receipt of such sbtement of pa)ments, interest shall be computed on such amount from the date of
any pa~ment made by AMBAC at the rate set forth in subsection (a) of S~ction 2.0 I hereof.
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ARTICLE V
MISCELLANEOUS
Section 5.01. Computntions. All computntions of premium, interest and fees hereunder shall be
made on the basis of the actual number of dnys elapsed over a year of 360 days.
Section 5.02. Exercise of Rights. No failure or delay on the part of AMBAC to exercise any
right, pO\....er or privilege under this Agreement and no course of dealing between AMBAC and the
Obligor or any other party shall operate as a waiver of any such right, power or privilege, nor shall
any single or partial exercise of any such right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power or privilege. The rights and remedies
herein expressly provided are cumulative and not exclusive of any rights or remedies which
AMBAC would othel"\v1se have pursuant to law or equity. No notice to or demand on any party in
any case shaH entitle such party to any other or further notice or demand in similar or other
circumst.:lnces, or constitute a waiver of the right of the other party to any other or further action in
any circumstances \\ithout notice or demand.
Section 5.03. Amendment and Waiver. Any provision of this Agreement may be amended.
\\&lived, supplement~ discharged Of terminated only with the prior written consent of the Obligor
and AMBAC. The Obligor hereby agrees that upon the written request of the Pa)ing Agent,
AMBAC may make or consent to issue any substitute for the Surety Bond to cure any ambiguity
or formal defect or omission in the Surety Bond which does not materially change the terms of the
Surety Bond nor adversely affect the rights of the O\'vners, and this Agreement shall apply to such
substituted Surety Bond. ~\1BAC agrees to deliver to the Obligor and to the company or
companies, if any. rating the Obligations, a copy of such substituted Surety Bond.
Section 5.04. Successors and Assigns: Descriptive Hendings.
(a) This Agreement shaH bind, and the benefits thereof shall inure to. the Obligor and AMBAC and
their respective successors and assigns; provided, that the Obligor may not transfer or assign any
or all of its rights and obligations hereunder without the prior written consent of AMBAC.
(b) The descriptive headings of the various provisions of this Agreement are inserted for
convenience of reference only and shall not be deemed to affect the meaning or construction of any
of the provisions hereof.
Section 5.05. Other Sureties. If AMBAC shall procure any other surety to reinsure the Surety
Bond, this Agreement shall inure to the benefit of such other surety, its successors and assigns, so
as to give to it a direct right of action against the Obligor to enforce this Agreement, and
'"AMBAC," wherever used herein, shall be deemed to include such reinsuring surety, as its
respective interests may appear.
Section 5.06. Signature on Bond. The Obligor's liability shnIl not be affected by its failure to sign
the Surety Bond nor bv an\' claim that other indemnity or security was to have been obtained nor
" -. ..,
by the release of any indenmity, nor the return or exchange of any collateral that may have been
obtained.
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Section 5.07. Waiver. The Obligor waives any defense that this Agreement was executed
subsequent to the date of the Surety Bond. admitting and covenanting that such Surety Bond was
executed pursuant to the Obligor's request and in reliance on the Obligor's promise to execute this
Agreement.
Section 5.08. Notices. Request~.. Demands. Except as othen,ise expressly provided hcrein. all
written notices, requests, demands or other communications to or upon the respective panies hereto
shall be deemed to have been given or made when actually received, or in the case of tclex or
telecopier notice sent over a telex or a telecopier machinc o\\ned or operated by a party hereto,
when sent, addressed as specified below or at such other address as either of the parties hereto or
the Paying Agent may hereafter specify in writing to the others:
If to the Obligor: >
If to the Paying Agent: >
If to AMBAC:
AMBAC Indemnity Corporation
One State Street Plaza
17th Floor
New York, New York 10004
Attention: General Counsel
Section 5.09. Survival of Representations and Warranties. All representations, warranties and
obligations contained herein shall survive the execution and delivery of this Agreement and the
Surety Bond.
Section 5.10. Governing Law. This Agreement and the rights and obligations of the panies under
this Agreement shall be governed by and construed and interpreted in accordance with the laws of
the State.
Section 5.11. Counterparts. This Agreement may be executed in any number of copies and by the
different parties hereto on the same or separate counterparts, each of which shall be deemed to be
an original instrument. Complete counterparts of this Agreement shall be lodged with the Obligor
and AMBAC.
Section 5.12. Severability. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction. such holding shall not invalidate or render
unenforceable any other provision hereof.
IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this Agreement
to be duly executed and delivered as of the date first above written.
(Se:ll)
Attest:
Title
By
Title
A~1BAC INDEMNITY CORPORATION
By
Title
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ANNEX A - SURETY BOND
ANNEX B
DEFINITIONS
For all purposes of this Agreement, except as othef'\\ise expressly provided herein or unless the
context othernise requires, all capitalized terms shall have the meaning as set out bcJo\\'.
"Agreement" means this Guaranty Agreement.
'"AAfBAC" has the same meaning as set forth in the first paragraph of this Agreement.
'"Collateral and Revenues" has the same meaning as set forth in Section 2.03 hereof.
'"Commitment" means the AMBAC Commitment for Surety Bond in the fonn attached hereto as
"
Annex C.
'"Debt Service Payments" means those payments required to be made by the Obligor which will
be applied to pa)ment of principal of and interest on the Obligations.
"Effective Interest Rate" means the lesser of the Reimbursement Rate or the ma.ximum rate of
interest permitted by then appHcable law; provided, however, that the Effective Interest ~tc shall
in no event be less than the interest rate on the Obligations.
'"Event of Default" shall mean those events of default set forth in Section 3.01 of this Agreement.
"Legally Available Funds" means any moneys legally available to the Obligor for the payment of
its obligations.
"Obligations" has the same meaning as set forth in the second paragraph of this Agreement.
'"Obligor" has the same meaning as set forth in the first paragraph of this Agreement.
'"O\\ners" means the registered o\\ner of any Obligation as indicated in the books maintained by
the applicable pa};ng agent, the Obligor or any designee of the Obligor for such purpose. The tenn
'"O\\ner" shall not include the Obligor or any person or entity whose obligation or obligations by
agreement constitute the underl)ing security or source of pa)ment for the Obligations.
'"Paying Agent" means
hReimbursement Period" means, \\;th respect to a particular Surety Bond Pa)ment, the period
commencing on the date of such Surety Bond Pa~ment and ending 12 months following such
Surety Bond Pa~ment.
"Reimbursement Ratc" means Citibank's prime rate plus two (2) percent per annum, as of the
date of such Surety Bond Pa)11lent, said "prime rate" being the ratc of interest announced from
time to time by Citibank, New York, New York. as its prime rate. The rate of interest shall be
calculated on the basis of a 360 day y~r.
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"Resolution" means
hSbte" means the Sbte of
"Surety Bond" means the surety bond issued by AMBAC substantially in the fonn attached to
this Agreement as Annex A.
'.Surety Bond Coverage" means the amount available at any particular time to be paid to the
Pa~;ng Agent under the terms of the Surety Bond, which amount shall never exceed $
"Surety Bond Pa~ment" means an amount equal to the Debt Service Pa~ment less (i) that portion
of the Debt Service Pa}ment paid by the Obligor, and (ii) other funds legally available to the
Paying Agent for pa~ment to the O\\ners, all as certified by the Paying Agent in a demand for
pa)ment rendered pursuant to the tenns of the Surety Bond.
ANNEX C
COMMITMENT
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A1\1BAC INDEMNITY CORPORATION WIRING INSTRUCTIONS
(REVISED. AS OF 4/10/95)
Citibank N.A.
ABA NO. 021000089
For: AMBAC Indemnity Corporation
AlC No. 40609486
Advise: Pamela Dottin (212) 208-3308
... Please indic:lte Policy Number on wire ...
POLICY NUMBER CAN BE OBTAINED FROM AMBAC INDEMNIlY'S CLOSING
DEPARTMENT.
CALL JANINE FEUDI AT (212) 208-3301
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AMBAC~
'\.\IB.\C Indl'l1lnil~' CllrpOr.lli(l1l
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'\\..'\\ Yllrk. :\\..'\\ Yllrk )(UHII
12121 (1(,~-!l}IO Fa:\ 1212' :;O\)-9Jl)(1
May 20, 1996
AMBAC INDEMNITY STANDARD PACKAGE FOR AMBAC-INSURED
TRANSACTIONS
(NOT FOR USE WITH GENERAL OBLIGA TION/LIMITED OR
UNLIMITED TAX TRANSACTIONS)
TO: Issuer, Issuer's CounseL Managing Underwriter, Bond Counsel and UndernTiter's Counsel
RE: Preparation of Financing Documents for AMBAC Indemnity Insurcd Issues
The attached materials have been prepared to assist you in the preparation of documenlc.; for your AMBAC
Indemnity Corporation ("AMBAC Indemnity" insured issue. Please modifY the attached exhibits where
appropriate and notify us as to any proposed modifications, If des~ these provisions can be incorporated into
one section entitled "Municipal Bond Insurance" within the applicable Indenture, Resolution, Ordinance, Order
or any other operative financing docwnent (such applicable financing document will be referred to herein as the
~'Financing Document'). Please be advised that the provisions contained in this package are in addition to the
conditions listed in the Commitment for Municipal Bond Insurance and any other corrunents or changes that may
be required by the AMBAC Indemnity personnel working on this financing. If you have any questioos, please
call one of the following persons: Eileen L, Kirchof( Jerry H, Pisecki, Karl T. Molin, Mal)' P. McKeon, or
Kevin J. Doyle.
· Definitions (Exhibit A).
· AMBAC Indemnity consent required for changes to underlying documentation and exercise
of remedies upon default (Exhibit B).
· INFORMA nON to be given to AMBAC Indemnity (E.xhibit C).
· Pennitted Investments and Valuation Provisions (Exhibit D).
· Defeasance Language (Exhibit E).
· Description of AMBAC Indemnity Payment Procedure (Exhibit F).
· Trustee-related provisions (Exhibit G).
· AMBAC Indemnity as a third-party beneficiary (Exhibit H),
· Suggested language for (i) AMBAC Indemnity Official Statement Disclosure, (ii) Notice of
Sale, (ill) Bond Legend, and (iv) Cover page of Official Statement (Exhibit I),
· Fonn of AMBAC Indemnity I..egaJ Opinion (Exhibit J).
. Fonn of AMBAC Indenmity Certificate ofBood Insurer (Exhibit K).
. AMBAC Indenmity Wiring Instructions (Exhibit L).
~~"t'~',;.<l
EXmBIT A
DEFINITIONS
The following definitions are those which AMBAC recommends for the Financing Document:
"AMBAC Indemnity" shall mean AMBAC Indemnity Corporation, a Wisconsin -domiciled stock
msurance company.
"Municipal Bond Insurance policyn shall mean the municipal bond insurance policy issued by AMBAC
Indemnity inmring the payment when due of the principal of and interest on the Bonds as provided
therein.
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EXHIBIT B
AMBAC CONSENT LANGUAGE
AMBAC requires that the Financing Document include the following consent provisions:
A Consent of AMBAC Indemnity.
Any provision of this [Financing Document] expressly recognizing or granting rights in or to AMBAC
Indemnity may not be amended in any manner which affects the rights of AMBAC Indemnity hereunder
without the prior written consent of AMBAC Indemnity.
B. Consent of AMBAC Indemnity in Addition to Bondholder Consent.
Unless otherwise provided in this Section, AMBAC Indemnity's consent shall be required in addition to
Bondholder consent, when required, for the following purposes: (i) execution and delivery of any
supplemental [Financing Document] or any amendment, supplement or change to or modification of the
[Loan Agr=nent, Lease Agreement, etc.] (ii) removal of the Trustee or Paying Agent and selection and
appointment of any successor trustee or paying agent I required in those t:ransactions in which the Financing
Document provides for a trustee or paying agent]; and (iii) initiation or approval of any action not described
in (i) or (ii) above which requires Bondholder consent.
C. Consent of AMBAC Indenmity in the Event of Insolvency
Any reorganization or liquidation plan with respect to the [issuer or obligor] must be acceptable to AMBAC
Indemnity. In the event of any reorganization or liquidation, AMBAC Indemnity shall have the right to vote
on behalf of all bondholders who hold AMBAC Indemnity-insured bonds absent a default by AMBAC
Indemnity under the applicable Municipal Bond Insurance Policy insuring such Bonds.
[In transactions for which acceleration is not a remedy for an event of default, the following provision is to be
included in the Financing Document.]
D. Consent of AMBAC Indemnity Upon Default.
Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and continuance
of an event of defiwJt as defined herein, AMBAC Indemnity shall be entitled to control and direct the
enforcement of all rights and remedies granted to the Bondholders or the Trustee for the benefit of the
Bondholders under this [Financing Docwnent].
(In transactions for which acceleration is a remedy for an event of default, the following two provisions
must be included in the Fmancing Document in lieu of paragraph D above.)
D. Consent of AMBAC Indemnity Upon DefauJt.
Anything in this [Financing Document] to the contrary notwithstanding, upon the occurrence and continuance
of an event of defi1ult as defined herein, AMBAC Indenmity shall be entitled to control and direct the
enforcement ofall rights and remedies granted to the Bondholders or the Trustee for the benefit of the
Bondholders under this [Financing Document], including, without limitation: (i) the right to accelerate the
principal oftbe Bonds as described in this [Financing Document], and (ii) the right to annul any declaration
of acceleration, and AMBAC Indemnity shall also be entitled to approve all waivers of events of defiw.lt.
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E. Acceleration Ri~htJ
Upon the occurrence of an event of default, the Trustee may, y.ith the consent of AMBAC Indcmnity, and
shaI.l. at the direction of AMBAC IndenU1ity or _ % of the Bondholders with the consent of AMBAC
Indemnity, by written notice to the Issuer and AMBAC Indemnity, declare the principal of the Bonds to be
immediately due and payable, whereupon that portion of the principal of the Bonds thereby coming due and
the interest thereon accrued to the date of payment shall, without further action, become and be immediately
due and payable, anything in this [Financing Docwnent] or in the Bonds to the contrary notwithstanding.
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EXHIBIT C
INFORMATION TO BE GIVEN TO AMBAC
AMBAC requires that the following notice provisions be incorporated in the Financing Document:
A. While the Municipal Bond Insurance Policy is in effect, the Issuer* or the Trustee las appropriate] shall
furnish to AMBAC Indemnity (to the attention of the Surveillance Department, unless otherwise
indicated):
(a) as sooo as practicable after the filing thereot: a copy of any financial statement of the Issuer* and a
copy ofany audit and annual report of the Issuer*;
(b) a copy of any notice to be given to the registered owners of the Bonds, inclu~ without limi~
notice of any redemption of or defeasance of Bonds, and any certificate rendered pursuant to this
[Financing Document] relating to the security for the Bonds; and
(c) such additional information it may reasonably request.
B. The Trustee or Issuer* [as appropriate] shall notify AMBAC Indemnity of any failure of the Issuer* to
provide relevant notices, certificates, etc.
C. The Issuer* will pennit AMBAC Indemnity to discuss the affillrs, finances and accounts of the Issuer*
or any infonnation AMBAC Indemnity may reasonably request regarding the security for the Bonds
with appropriate officers oftbe Issuer*. The Trustee or Issuer* [as appropriate] will pennit AMBAC
Indemnity to [have access to the Project and] have access to and to make copies of all books and records
relating to the Bonds at any reasonable time.
D. AMBAC Indemnity shall have the right to direct an accounting at the Issuer's. expense, and the Issuer's.
fuilure to comply with such direction within thirty (30) days after receipt of written notice of the direction
from AMBAC Indemnity shall be deemed a defuult hereunder; provided, however, that if compliance
cannot ocxur within such period, then such period will be extended so long as compliance is begun within
such period and diligently pursued, but only if such extension would not materially adversely affect the
interests of any registered owner of the Bonds.
E. Notwithstanding any other provision of this [Financing Document], the Trustee or Issuer* [as
appropriate] shaI1 immediately notify AMBAC Indemnity if at any time there are insufficient moneys to
make any payments of principal and/or interest as required and immediately upon the occurrence of any
event of defiwIt hereunder.
F, To the extent that the Issuer has entered into a continuing disclosure agreement with
respect to the Bonds, AMBAC Indenmity shall be included as party to be notified.
G. [FOR CALIFORNIA AND INDIANA (ABATEMENT STILE) LEASES] The Trustee or Issuer [as
appropriate] shall annually certify to AMBAC that the insurance policies required by Section _ of the
[I..easeJIndenture] are in full force and effect, and will provide AMBAC with copies of such policies
upon request.
.or appropriate obligor on the Bonds.
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ExmBIT D
PERMlTIED INVESTMENTS
A. AMBAC Indemnity will allow the following obligations to be used as Pennittcd Investments for all purposes,
includinJ: defeasance investments in refunding escrow accounts.
(AMBAC Indemnity does not J:ive a premium credit for the investment of accrued and/or capit~li7.ed
interest.)
(1) Cash (11lSW'ed at all times by the Federal Deposit Insurance Corporation or otherwise collateralized with
obligatioos described in paragraph (2) below), or
(2) Direct obligations of (including obligations issued or held in book entry fonn on the books of) the
Department oftbe Treasury of the United States of America.
B. AMBAC Indemnity will allow the following Obligations to be used as Permitted Investments for aU purposes
other than defeasance investments in refunding escrow accounts.
(I) obligatioos of any of the following federal agencies which obligations represent the full faith and credit of
the United States of America, including:
- Export-Import Bank
- Fann Credit System Financial Assistance Corporation
- Fanners Home Administration
- General Services Administration
- U.S. Maritime Administration
- Small Business Administration
- Govenunent National Mortgage Association (GNMA)
- U.S. Department of Housing & Urban Development (pHA's)
- Federal Housing Administration;
(2) senior debt obligations rated "AAA" by Standard & Poor's Corporation (S&P) and "Aaa" by Moody's
Investors Service, Inc. (Moody's) issued by the Federal National Mortgage Association or the Federal
Home Lean Mortgage Coq>oration. Senior debt obligations of other Government Sponsored Agencies
approved by AMBAC Indernnity~
(3) U.S. dollar denominated deposit acoounts, federal funds and banker's acceptances with domestic
conunerciaJ banks which have a rating 011 their short tenn certificates of deposit on the date of purchase
of "A-I" or "'A -1+" by S&P and "P -I" by Moody's and maturing no more than 360 days after the
date of purchase. (Ratings on holding companies are not considered as the rating of the bank); .
(4) commercial paper which is rated at the time of purchase in the single highest classification, "A -1 +" by
S&P and "P-I" by Moody's and which matures not more than 270 days after the date of purchase;
(5) investments in a money market fund rated "AAAm" or "AAAm -0" or better by S&P;
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(6) Pre-refunded Municipal Obligations defined as follows: Any bonds or other obligations of any state of
the United States of America or of any agency t instrumentality or local governmental Wlit of any such
state which are not callable at the option ofthc obligor prior to maturity or as to which irrevocable
instructions have been given by the obligor to caU on the date specified in the notice; and
<A> which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest
rating category of S&P and Moody's or any successors thereto; or
(B) (i) which are fully secured as to principal and interest and redemption prcmiUl1\ ifany, by an escrow
consisting only of cash or obligations described in paragraph A(2) above, which escrow may be applied
only to the pa}1llCl1t of such principal of and interest and redemption premium, if any, on such bonds or
other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant
to such.irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a
nationally recognized independent certified public accountant, to pay principal of and interest and
redemption premium, if any, on the bonds or other obligations described in this paragraph on the
maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; [pre-
refunded Municipal Obligations meeting the requirements of subsection (8) hereof may not be
used as Permitted Investments for annual appropriation lease transactions without the prior
written approval of S&P.]
(7) investment agreements approved in writing by AMBAC Indemnity Corporation [supported by
appropriate opinions of counsel] with notice to S&P; and
(8) other fonns of investments (including repurchase ~ents) approved in writing by AMBAC with
notice to S&P.
C. The value of the above investments shall be determined as follows:
"Value", which shall be &-.rennined as of the end ofeach month, means that the value of any investments
shall be calculated as follows:
a) as to investments the bid and asked prices of which are published on a regular basis in The Wall Street
Journal (or, ifnot there, then in The New York Times): the average of the bid and asked prices for such
investments so published on or most recently prior to such time of detennination;
b) as to investments the bid and asked prices of which are not published on a regular basis in The Wall
Street Journal or The New York Times: the average bid price at such time of detennination for such
investments by any two nationally recognized govenunent securities dealers (selected by the Trustee in
its absolute discretion) at the time making a market in such investments or the bid price published by a
nationally recognized pricing service;
c) as to certificates of deposit and bankers acceptances: the face amount thereot: plus accrued interest; and
d) as to any investment not specified above: the value thereof established by prior agreement between the
Issuer, the Trustee and AMBAC Indemnity Corporation.
7
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EXHIBIT E
'-J ,:j.:'~:. '.: ..,
DE~ANCELANGUAGE
A. The definition of "Outstanding" bonds or obligations, or any like concept, should specifically include bonds
or obligations which full into the category described below.
B. The defeasance section of the Financing Document should include the following language:
Notwithstanding anything herein to the contrary, in the event that the principal and/or interest due on the
Boods shall be paid by AMBAC Indemnity Corporation pursuant to the Municipal Bond Insurance Policy,
the Bonds sbaII remain Outstanding for all purposes, not be defeased or otherwise satisfied and not be
ooosidered paid by the Issuer, and the assignment and pledge of the Trust Estate and all covenants,
agreements and other obligations of the Issuer to the registered owners shall continue to exist and shall run to
the benefit of AMBAC Indemnity, and AMBAC Indemnity shall be subrogated to the rights of such
registered owners.
I
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_1
N;
EXHIBIT F
PAYMENT PROCEDURE PURSUANT TO THE MUNICIPAL BOND INSURANCE
POLICY
The follo\\1ng language sets out the applicable procedure for payments under the Municipal Bond Insurance
Policy and should be incorporated into the Financing Document:
As long as the bond insurance shaU be in full force and effect.. the Issuer, the Trustee and any Paying Agent agree
to comply with the following provisions:
(a) At least one (I) day prior to aU Interest Payment Dates the Trustee or Paying Agent, ifany, will
detennine whether there will be sufficient funds in the Funds and Accounts to pay the principal of or
interest on the Bonds on such Interest Payment Date. If the Trustee or Paying Agent, ifany, determines
that there will be insufficient funds in such funds or Accounts, the Trustee or Paying Agent, ifany, shall
so notify AMBAC Indemnity. Such notice shall specify the amount of the anticipated deficiency, the
Bonds to which such deficiency is applicable and whether such Bonds will be deficient as to principal or
interest, or both. If the Trustee or Paying Agen~ if any, has not so notified AMBAC Indemnity at least
one (1) day prior to an Interest Payment Date, AMBAC Indemnity will make payments of principal or
interest due on the Bonds on or before the first (1st) day next following the date on which AMBAC
Indemnity shall have rereived notice of nonpayment from the Trustee or Paying Agent, if any.
(b) the Trustee or Paying Agent, ifany, shall, after giving notice to AMBAC Indemnity as provided in
(a) above, make available to AMBAC Indemnity and, at AMBAC Indemnity's direction, to the United
States Trust Company of New Y o~ as insurance trustee for AMBAC Indemnity or any successor
insurance trustee (the "Insurance Trustee''), the registration books of the Issuer maintained by the
Trustee or Paying Agent, if any, and all records relating to the Funds and Accounts maintained under
this [Financing Document].
(c) the Trustee or Paying Agent, ifany, shall provide AMBAC Indemnity and the Insurance Trustee
with a list of registered owners of Bonds entitled to receive principal or interest payments from AMBAC
Indemnity under the tenus of the Municipal Bond Insurance Policy, and shall make arrangements with
the Insurance Trustee (i) to mail checks or drafts to the registered owners of Bonds entitled to rereive full
or partial interest payments from AMBAC Indemnity and (ii) to pay principal upon Bonds surrendered
to the Insurance Trustee by the registered owners of Bonds entitled to receive full or partial principal
payments from AMBAC Indemnity.
(d) the Trustee or Paying Agent, ifany, shall, at the time it provides notice to AMBAC Indemnity
pursuant to (a) above, notifY registered owners of Bonds entitled to receive the payment of principal or
interest ther<m ftom AMBAC Indemnity (i) as to the fact of such entitlement, (ii) that AMBAC
Indemnity will remit to them all or a part of the interest payments next corning due upon proof of
Bondholder entitlement to interest payments and delivery to the Insurance Trustee, in fonn satisfuctory to
the Insurance Trustee, ofan appropriate assigrunent of the registered owner's right to payment, (ill) that
should they be entitled to receive full payment of principal from AMBAC Indemnity, they must
surrender their Bonds (along with an appropriate instrument of assignment in fonn satisfactory to the
Insurance Trustee to pennit ownership of such Bonds to be registered in the name of AMBAC
Indemnity) for payment to the Insurance Trustee, and not the Trustee or Paying Agent, if any, and (iv)
that should they be entitled to receive partial payment of principal from AMBAC Indemnity, they must
surrendertbeir Bonds for payment thereon first to the Trustee or Paying Agent, if any, who shall note on
such Bonds the portion of the principal paid by the Trustee or Paying Agent, ifany, and then, along with
an appropriate instrument of assignment in fonn satisfuctory to the Insurance Trustee, to the Insurance
Trustee, which will then pay the unpaid portion of principal.
9
(e) in the event that the Trustee or Paying Agent, ifany, bas notice that any payment of principal of or
interest 00 a Bond which has become Due for Payment and which is made to a Bondholder by or on
behalf of tile Issuer has been deemed a preferential transfer and theretofore recovered from its registered
owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the
final, nonappealable order of a court having competent jurisdiction, the Trustee or Paying Agent, if any,
shall, at the time AMBAC Indemnity is notified pursuant to (a) above, notify all registered owners that in
the event that any registered owner's payment is so recovered, such registered owner will be entitled to
payment from AMBAC Indemnity to the extent of such recovery if sufficient funds are DOt otherwise
available, and the Trustee or Paying Agent, ifany, shall furnish to AMBAC Indemnity its records
evidencing the payments of principal of and interest on the Bonds which have been made by the TJUStee
or Paying Agent, ifany, and subsequently recovered from registered owners and the dates on which
such payments were made.
(f) in addition to those rights granted AMBAC Indemnity under this [Financing Document], AMBAC
Indemnity ~ to the extent it makes payment of principal of or interest on Bonds, becane subrogated
to the rights of the recipients of such payments in accordance with the tenns of the Municipal Bond
Insurance Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past
due interest, the Trustee or Paying Agent, if any, sha11 note AMBAC Indemnity's rights as subrogee on
the registration books of tile Issuer maintained by the Trustee or Paying Agent, if any, upon receipt from
AMBAC Indemnity of proof of the payment of interest thereon to the registered owners of the Bonds,
and (n) in the case ofsubrogatioo as to claims for past due principal, the Trustee or Paying Agent, if
any, shall DOte AMBAC Indemnity's rights as subrogee on the registration books of the Issuer
maintained by the Trustee or Paying Agent, if any, upon surrender of the Bonds by the registered owners
thereof together with proof of the payment of principal thereof.
10
EXHIBIT G
TRUSTEE-RELATED PROVISIONS
With respect to transactions involving a trustee or paying agent, AMBAC requires that the following provisions
be incorporated into the Financing Document. Please note that unless otherwise required by AMBAC, if the
financing at hand does not contemplate a trustee or paying agent, ~ provisions may be disregarded.
1. The Trustee (or Paying Agent) may be removed at any time, at the request of AMBAC Indemnity, for any
breach of the Trust set forth herein.
2. AMBAC Indemnity sbalI receive prior written notice of any Trustee (or Paying Agent) resignation.
3. Every successor Trustee appointed pursuant to this Section shall be a trust company or bank in gocxl
standing located in or incorporated under the laws of the State, duly authorized to exercise trust powers and
subject to e:xamination by federal or state authority, having a reported capital and surplus ofnot less than
$75,000,000 and acceptable to AMBAC Indemriity. Any successor Paying Agent, if applicable, shall not be
appointed unless AMBAC approves such successor in writing.
4. Notwithstanding any other provisioo of this [Financing Docwnent), in determining whether the rights of the
Bondholders will be adversely affected by any action taken pursuant to the tenns and provisions of this
[Financing Document]~ the Trustee (or Paying Agent) shall consider the effect on the Bondholders as if there
were DO Municipal Bood Insurance Policy.
S. Notwithstanding any other provisioo of this [Financing Document], no removal, resignation or termination of
the Trustee (or Paying Agent) shal1 take effect until a successor, acceptable to AMBAC, shall be appointed.
II
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EXHIBIT H
INTERESTED PARTIES
In addition to the provisions listed above, AMBAC also requires the following provision be incorporated into the
Financing Documem:
A. AMBAC As Third Party Beneficiary.
To the extent that this [Financing Document] confers upon or gives or grants to AMBAC any right, remedy
or claim under or by reason ofthjs [Financing Document], AMBAC is hereby explicitly recognized as being
a thUd-party beneficiary hereunder and may enforce any such right remedy or claim conferred, given or
granted herewxb-.
B. Parties Interested Herein.
Nothing in this [Financing Document] expressed or implied is intended or shall be construed to confer upon,
or to give or grant to, any person or entity, other than the Issuer, the Trustee, AMBAC Indemnity, the Paying
~ if any, and the registered owners of the Bonds, any right, remedy or claim under or by reason of this
[Financing- Document] or any covenant, condition or stipulation hereof: and aU covenants, stipulations,
promises and agreements in this [Financing Document] contained by and on behalf of the Issuer shall be for
the sole and exclusive benefit of the Issuer, the Trustee, AMBAC Indemnity, the Paying Agent, if any, and
the registered owners oftbe Bonds.
if
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EXHIBIT I
AMBAC INDEl\1N1TY OFFICIAL STATEMENT DISCLOSURE AND SUGGESTED LANGUAGE
FOR THE NOTICE OF SALE, BOND LEGEND, COVER PAGE OF OmClAL STATEMENT
AMBAC INDEMNITY OFFICIAL STATEMENT DISCLOSURE
Payment Pursuant to Municipal Bond Insurance Policy
AMBAC Indemnity has made a conunitment to issue a municipal bond insurance policy (the "Municipal Bond
Insurance Policy'') relating to the Bonds effective as of the date of issuance of the Bonds. Under the terms of the
Municipal Bond Insurance Policy, AMBAC Indemnity will pay to the United States Trust Company of New
York, in New York, New York or any successor thereto (the '.Insurance Trustee') that portion oftbe principal of
and interest 00 the Bonds which shall become Due for Payment but shall be unpaid by reason of Nonpayment by
the Issuer (as such terms are defined in the Municipal Bond Insurance Policy). AMBAC Indemnity will make
such payments to the Insurance Trustee on the later of the date on which such principal and interest becomes Due
for Payment or within one business day following the date on which AMBAC Indemnity shall have received
notice of Nonpayment from the TrusteelPaying Agent. The insurance will extend for the term of the Bonds ~
once issued, cannot be canceled by AMBAC Indemnity.
The Municipal Bond Insurance Policy will insure pa}111ent only on stated maturity dates and on mandatory
sinking fund installment dates, in the case of principal, and on stated dates for pa}ment, in the case of interest. If
the Bonds become subject to mandatory redemption and insufficient funds are available for redemption of aU
outstanding Bonds, AMBAC Indemnity will remain obligated to pay principal of and interest on outstanding
Bonds on the originally scheduled interest and principal payment dates including mandato')' sinking fund
redemption dates. In the event ofany acceleration of the principal of the Bonds, the insured payments will be
made at such times and in such amounts as would have been rnade had there not been an acceleration.
In the event the TrusteelPaying Agent has notice that any pa)1nent of principal of or interest on a Bond which has
become Due for Payment and which is made to a Bondholder by or on behalf of the Issuer has been deemed a
preferential trnnsfer and theretofore recovered from its registered O\-.ner pursuant to the United States Bankruptcy
Code in accordance with a final, nonappealable order of a court of competWt jurisdiction, such registered oYmer
will be entitled to payment from AMBAC Indenmity to the extent of such recovery if sufficient fimds are not
otherwise available.
The Municipal Bond Insurance Policy does not insure any risk other than Nonpayment, as defined in the Policy.
SpecificalJy, the Municipal Bond Insurance Policy does not cover:
1. payment 00 accelerati~ as a result of a call for redemption (other than mandatory sinking fund
redemption) or as a resuh of any other advancement of maturity.
2. payment of any redemption, prepayment or acceleration premium.
3. nonpayment of principal or interest caused by the insolvency or negligence of any Trustee or Paying
Agent, ifany.
13
Ifit becomes necessary to call upon the Municipal Bond Insurance Policy, payment of principal requires
surrender of Bonds to the Insurance Trustee together \\ith an appropriate instrument of assignment so as to
pennit ownership of such Bonds to be registered in the name of AMBAC Indemnity to the extent of the pa}1llent
Wldcr the Municipal Bond Insurance Policy. Payment of interest pursuant to the Municipal Bond Insurance
Policy requires proof of Bondholder entitlement to interest pa}ments and an appropriate assignment of the
Bondholders right to payment to AMBAC Indemnity.
Upon pa)11lel1t of the insurance benefits, AMBAC Indemnity will become the owner of the Bond, appurtenant
coupon, ifany, or right to payment of principal or interest on such Bond and will be fully subrogated to the
surrendering Bondholder's rights to payment.
FOR TRANSACfIONS INVOL YING VARIABLE RATE BONDS:
The Municipal Bond Insurance Policy does not insure against loss relating to payments of the purchase price of
Bonds upon tender by a registered owner thereof or any preferential transfer relating to payments of the purchase
price of Bonds upon tender by a registered owner thereof.
ADDITIONAL PARAGRAPH FOR CALIFORNIA TRANSACTIONS:
In the event that AMBAC Indenmity were to become insolvent, any claims arising under the Policy would be
excluded from coverage by the California Insurance Guaranty Association, established pursuant to the laws of
the State of California.
ADDITIONAL PARAGRAPH FOR NEW YORK TRANSACTIONS:
The insurance provided by the Municipal Bond Insurance Policy is not covered by the property/casualty
insurance security fund specified by the insurance laws of the State of New York.
ADDITIONAL PARAGRAPH FOR FLORIDA TRANSACTIONS:
The insurance provided by the Municipal Bond Insurance Policy is not covered by the Florida Insurance
Guaranty Association.
AMBAC INDEMNITY CORPORA nON
AMBAC Indemnity Corporation ("AMBAC Indemnity'') is a Wisconsin-domiciled stock insurance corporation
regulated by the Office of the Commissioner of Insurance of the State of Wisconsin and licensed to do business in
50 states, the District of Columbia, the Territory of Guam and the Commonwealth of Puerto Rico, with admitted
assets of approximately $2.440.000.000 (WlaUdited) and statutory capital of approximately SI.387.000.000
(unaudited) as of March 31.. 1996. Statutory capital consists of AMBAC Indemnity's policyholders'surplus
and statutory contingency reserve. AMBAC Indemnity is a wholly owned subsidiary of AMBAC Inc., a 100%
publicly-held company. Standard & Poor's Ratings Services, a division of The McGraw-Hill Companies, Inc.,
Moody's Investors Service and Fitch Investors Service~ L.P. have each assigned a triple-A claims-paying ability
rating to AMBAC Indemnity.
.
AMBAC Indemnity has entered into pro rata reinsurance agreements under which a percentage of the insurance
underwritten pursuant to certain municipal bond insurance programs of AMBAC Indemnity has been and will be
assumed by a number offoreign and domestic unaffili~terl reinsurers.
14
" ,'- - -- --.------:'---- -- --.--- -,-... - . -", . .
AMBAC Indemnity makes no representatioo regarding the Bonds or the advisability of investing in the Bonds
and makes DO repl~d;ltioo regarding, nor bas it participated in the preparation Ot: the Official Stateme:nt other
than the infonnatiao supplied by AMBAC Indemnity and presented uncIec the heading " "
AVAILABLE INFORMA nON
. AMBAC Indemnity has obtained a ruling from the Intern.'11 RcverIue Service to the effect that the insuring of an
obligation by AMBAC Indemnity will not affect the treatment for federal income tax purposes of interest on such
obligation and that insurance prc:x=cxis representing maturing interest paid by AMBAC Indemnity under policy
provisions subst.3mm11y identical to thooe contained in its municipal bond insurance policy shall be tre3ted for
federal income tax purposes in the same manner as if such payments were made by the issuer of the Bonds.
(THE FOLLOWING MUST BE INCLUDED IN ANNUAL APPROPRIA nON LEASE
TRANSAcnONS: No representation is made by AMBAC Indemnity rqarding the federal income tax
treatment ofpaymeutJ that are made by AMBAC Indemnity under the tenns o(the Policy due to
nonappropriatioD or funds by the ~J
The parent company of AMBAC Indemnity, AMBAC Inc. (the "Company''), is subject to the infonnatiooal
requirements of the Securities Exchange Act of 1934, as amended (the "Exchan~e Act''), and in accordance
therewith files reports, proxy statements and other infonnation with the Securities and Exchange Commission (the .
"Commission;. Such reports., proxy statements and other infonnanon may be inspected and copied at the public
.efe.cnce f3cilities maintained by the Commission at 450 Fifth Street, N.W., Washington, D.C. 20549 and at the
Conunission's regional offices at 7 World Trade Center, New York, New York 10048 and Northwestern Atriwn
Center, SOO West Madison Street, Suite 1400, Chicago, lllinois 60661. Ccpies of such material can be obtained
from the public refereoc:e section of tile Commission at 450 Fifth S~ N.W., Washington, D.C. 20549 at
prescribed rates. In addition, the aforementioned material may also be inspected at the offices of the New York
Stock Exchange, Ioc. (the "NYSEj at 20 Broad Street, New York, New York I OOOS. The Company's Coounoo
Stock is listod OIl the NYSE.
Copies of AMBAC Indernnity's financial statements prepared in accordance with statutory aa:ounting standards
are available from AMBAC Indemnity. The address of AMBAC Indemnity's administrative offices and its
telephone number are One State Street Plaza, 17th Floor, New Y o~ New York, 10004 and (212) 668-0340.
INCORPORA nON OF CERTAIN DOCUMENTS BY REFERENCE
The following documel1ts filed by the Company with the Commission (File No. 1-10777) are incorporated by
reference in this Official Statement:
(1) The Company's Annual Report on Form 100K for the fiscal year ended December 31, 1995 and
filed 00 April I. 1996;
(2) The Company's Current Report on Form 8-K dated January 31, 1996 and filed on February 28,
1996'
,
(3) The Company's Current Report on Form 8-K dated March 13, 1996 and filed on March 14,
1996;
(4) The Company's Current Report on Form 8-K1A, First Amendment to Current Report on Fonn
800K dated March 13, 1996 and filed on March IS, 1996; and
(5) The Company's Quarterly Report on Fonn 10-Q for the quarterly period ended March 31, 1996
and filed on May IS, 1996.
IS
All documents subsequently filed by the Company pursuant to the rcquimncnts of the Exchange Act after the
date of this Official Statement will be available for inspection in the ~'U1lC manner as described above in
"AVAILABLE INFORMATION".
NOTICE OF SALE
AMBAC Indemnity Corporatioo ("AMBAC Indemnity'1 has issued a" commitment for municipal bond
insurance relating to the Bonds. All bids may be conditioned upon the issuance effective as of the date on which
the Bonds are issued, ofa policy of insurance by AMBAC Indemnity, insuring the payment when due of principal
ofand interest OIl the Bonds. Each Bond will bear a legend referring to the insurance. The purchaser, holder or
owner is not authorized to make any statements concerning the insurance beyond those set out here and in the
bond legend without the approval of AMBAC Indemnity.
BOND LEGEND
Municipal Bond Insurance Policy No._ (the "Policy'1 with respect to payments due for principal of and interest
on this bond bas been issued by AMBAC Indemnity Corporation C'AMBAC Indemnity'1. The Policy has been
delivered to the United States Trust Company of New York, New York, New York, as the Insurance Trustee
under said Policy and will be held by such Insurance Trustee or any successor insurance trustee. The Policy is on
file and available for inspectioo at the principal office of the Insurance Trustee and a copy thereofmay be secured
from AMBAC Indemnity or the Insurance Trustee. All payments required to be made under the Policy shall be
made in accordance with the provisions thereof. The owner of this bond acknowledges and consents to the
subrogation rights of AMBAC Indemnity as more fully set forth in the Policy.
COVERPAGEOFO~~STATE~
Payment of the principal of and interest on the Bonds when due will be insured by a municipal bond insurance
policy to be issued by Al\1BAC Indemnity Corporation simultaneously with the delivery of the Bonds.
16
EXHIBIT J
FORM OF THE AMBAC LEGAL OPINION
Ladies and Gentlemen:
This opinion has bea1 requested of the undersigned, a Vice President and an Assistant General Counsel of
AMBAC Indemnity Corporation, a Wisconsin stock insurance company ("AMBAC Indemnity'), in connection
with the issuance by AMBAC Indemnity of a certain Municipal Bond Insurance Policy and endorsement thereto,
effective as of the date hereof (the "Poticy'), insuring $> in aggregate principal amount of the > (the "Issuer'),
> dated > (the "Boods').
In COIU1eCtioo with my opinion herein., I have examined the Policy, such statutes, documents and proceedings as I
have considered necessary or appropriate under the circumstances to render the following opinion, including,
without limiting the generality of the foregoing, certain statements contained in the Official Statement of the
Issuer dated >, relating to the Bonds (the "Official Statement') under the headings ">" and ''>''.
Based upon the foregoing and having regard to legal considerations I deem relevant, I am of the opinion that:
1. AMBAC Indemnity is a stock insurance company duly organized and validly existing under the Iav'w'S of the
State of Wisconsin and duly qualified to conduct an insurance business in the State of>.
2. AMBAC Indemnity has full corporate power and authority to execute and deliver the Policy and the Policy
has been duly authorized, executed and delivered by AMBAC Indemnity and constitutes a legal, valid and
binding obligation of AMBAC Indemnity enforceable in accordance with its tenns except to the extent that
the enforceability (but not the validity) of such obligation may be limited by any applicable bankruptcy,
insolvency, liquidation, rehabilitation or other similar law or enactment now or hereafter enacted affecting the
enforcement of creditors' rights.
3. The execution and delivery by AMBAC Indemnity of the Policy will not, and the conswrunation of the
transactions contemplated thereby and the satisfuction of the terms thereofwill not, conflict with or result in a
breach of any of the tenns, conditions or provisions of the Certificate of Incorporation or By-Laws of
AMBAC Indernnity, or any restriction contained in any contract, agreement or instrument to which AMBAC
Indemnity is a party or by which it is bound or constitute a default under any of the foregoing.
4. Proceedings legally required for the issuance of the Poticy have been taken by AMBAC Indenmity and
licenses, orders, consents or other authorizations or approvals of any governmental boards or bodies legally
required for the enforceability of the Poticy have been obtained; any proceedings not taken and any licenses,
authorizations or approvals not obtained are not material to the enforceability of the Policy.
5. The statements contained in the Official Statement under the heading '~," insofar as such statements
constitute swnmaries of the matters referred to therein, a.ccurately reflect and fairly present the infonnation
purported to be shown and, insofar as such statements describe AMBAC Indemnity, fairly and accurately
describe AMBAC Indemnity.
17
tf;~~'''''.7"'' ""~"~.'~^,._~ .~.' '. ..
6. The fonn of Policy contained in the Official Statement under the heading U::>" is a true and complete copy of
the fonn of Policy.
The opinions expressed herein are solely for your benefit, and may not be relied upon by any other person.
Very truly yours,
Vice President and
Assistant General Counsel
.1
EXHIBIT K
CERTIFICA TE OF BOND INSURER
In camection with the iss\Iance of> in aggregate principal amount of (the ''Issuer'') > (the
"Bonds''), AMBAC Indernnity Corporation ("AMBAC'') is issuing a municipal bond insurance policy (the
&&Insurance Policyj guaranteeing the payment of principal and interest when due on the Bonds, all as more fully
set out in the Insurance Policy.
On behalf of AMBAC, the wxlersigned hereby certifies that:
(i) the Insurance Policy is an unconditional and recourse obligation of AMBAC
(enforcea,le by or 00 behalf of the holders oftbe Bonds) to pay the scbeduIed payments of interest and principal
on the Bonds in the event of a Noopayment as defined in the Insurance Policy;
(ii) the insurance premium ofS was determined in arm's
length negotiatioos in accordance with our standard procedures, is required to be paid as a condition to the
issuance of the Insurance Policy and represents a reasonable charge for the transfer of credit risk;
(Iii) no portioo of such premium represents a payment for any direct or indirect services
other than the transfer of credit ~ including costs of underwriting or remarketing the Bonds or the cost of
insurance for casualty ofBood financed property;
(iv) we are not co-obligors on the Bonds and do not reasonably expect that we will be called
upon to make any payment under the Insurance Policy;
(v) the Issuer is not entitled to a refund for the Insurance Policy in the event that the Bonds
are retired prior to their stated maturity; and
(vi) we would not have issued the Insurance Policy in the absence ofa debt service nserve
fund of the size and type established by the documents pursuant to which the Bonds are being issued, and it is
normal and customaJy to require a debt service reserve fund of such a size and type in similar transactions.
IN WITNESS WHEREOF, AMBAC Indemnity Corporation has callsed this certificate to be
executed in its name 00 this day of 19 by ODe of its officers duly authorized as of such date.
AMBAC INDEMNITY CORPORATION
By:
Vice President and Assistant
General Counsel
19
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EXHIBIT L
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AMBAC INDEl\1NITY CORPORATION WIRING INSTRUCfIONS
Citibank N .A.
ABA NO. 021000089
For: AMBAC Indemnity Corporation
AlC No. 40609486
Advise: Pamela Dottin (212) 208-3308
C~ JANINE FEUDI AT (212) 208.3301
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... Please indicate Policy Nwnber on wire ...
POUCY NUMBER CAN BE OBT AlNED FROM AMBAC INDEMNlTY'S CLOSING DEP ARTMENf.
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AMBAC
AIIBAC
BAC
AMBAC
Municipal Bond Insurance Policy
,\~II~A( Indl'lnnll~' Cmporatlon
c ,) CT (nrporalHlO SrSlt'ms
H F.lSI ~llftlln Sr., Madison, Wisconsm 5370.1
AdnllnISlrJtl\'(: 0"(1((':
Olll' SWr Slr('('1 PI.1za, New York, NY 10004
TdtTh"nl' \; I!) (,(,H.OqO
Issuer
Plllll\' Sumba
80mis'
Premium.
AMBAC Indemnity Corporation (A~fBA() A \X'isconsin $(()(k Insurance Company
in considt'ratll)n of tht' payment of the premium and sU~'lIecI to rhl' rerms of rhl~ Pllhcy, hcreby agrees to PdY r h
Company of New York, as crustee, or IlS successor (the "Insurancc Trusrre"l, (or the benefil oi Rlln older
cipal of and interest on rhe above.descflbed debt obI I~JrIOnS (rht, .. Bonds") \\ hleh shall become Due It ay
reason of Nonparment by the Issucr.
AMBAC will make such paymenrs ro rhe Insurancc Trusrcl' ....Ilhm one (I) buslnrss dol\' . I ng
m~n[, Upon a Bondholder's presencawHI and surrrnJer (0 Ihl' Insuran((.' Truscee of suc u aid
canceled and in beuer iorm and frn: of any .ldverse claim. rhc' InSUr,ll1CC Trustee bu
principal and imeresr which is rhen Due for p.aymenr but 15 unp.lld. Upon suc ISl:) rsr
surrendered Bonds and (Ourons Jnd shall be fully subrogared [() .11 I of r Bon 1 er
In cases where rhe Bonds are issuable only In a (orm when.'by prlncl ndholdc'rs or rheir .migns, the
Insurance Truscee shall disburse pnncipdl co a Bondholder as al~ d r <: at n Jnd surrender to rhe Insurance Trusree
of the unpaid Bond. uncanceled and free of any adverse c\;lIm, u t of aSSIgnment, in form salisfaccory to the
Insurance Trustee, duly execuled by rhe Bondholder or 0 ed rcpresenrallve, so as to permir ownership of
such Bond to be regisrered In the name of AMBAC or It 10 'e n e onds are issudble only 10 a form whereby interest
is payable co regisrered Bondholders or their assi ns, rh Ins ame s disburse inrerest to a Bondholder as aforesaid only
upon presenrarion to the Insurance Truslee of p- a th -Iaima on enr itled ro rhe paymenr of inrerest on rhe Bond and
delivery (0 rhe Insurance Trustee of an in t of ssi (or sarisidcrory ro tht' Insurance Trustee, duly execured by rhe
c1aimanr Bondholder or such Bondholder' dul aur ze rep a e, rrans(erring ro ^~IB^C all ri~hts under such Bond ro receive
the incert'sr in respect of which the' u ce eme aJe. AMBAC shall be subrogated 10 all rhe Bondholders' ri~hrs to
paymenr on regisrered Bonds t e ext t fIe disbursemenrs so made.
In the event the trusree or yi~r r of principal of or incerest on a Bond which has
b<:come Due for Paym i~...i e to a 0 older hy or on behali of rhe Issuer of the Bonds has been deemed a preferential
transfer and rnerer rver fn its registl' ed owner pursuant ro rhe L'nlred States Bankruptcy Code In accordance with a fmal.
nonappealable or r a co f m. ten I Jurisdlcrion. such rC~ISrert:J owner will be l'nlllled CO payment from AMBAC ru Ihe exrent
of such reco~'ery lent fu re ot otherWise availabfl:
As used herein. rhe der means any person olher rhan rhe Issuer who. ar the time of Nonpaymenl, is the owner of a Bond
or of a coupon apperrai ond. As used herein, "Due for Paymt.'oc " , when re/errin}: ro rhe principal o( Bonds, is when rhe stated
maturiry date or a ma edemption date for rhe application of ol requlrrd sinking fund installment has been reached and does nor
refer ro any earlier date on which paymenr IS due by rrason 01 call tiH redemplion (other rhan by applicalion of required sinking fund
installments), accelerarion or orher advancemenr of marumy; and, when referring ro interesr on the Bonds, is when the srared date for
payment of interest has been reached. As used herein, "Nonpayment" means the failure of rhe Issuer to have provided suffjc lenr funds
to the paying agent for payment in full of ,1/1 principal of and inrerest on rhe Bonds which are Due for Paymenr.
This Policy is noncancelable. The premium on rhis Policy is nor relundable for any reason, including paymenr of rhe Bonds prior to
maturiry. This Policy does not insure againsr loss of any prepayment or other acceleration paymem which at any rime may becomt' due
in respecr of any Bond, other rhan ar the sole option of AMBAC, nor againsr any risk other rhan Nonpayment.
In witness whereof. AMBAC has caused this Policy ro be affixed wirh a fa(simile of its corporate seal and to be signed by irs duly
authorized officers in facsimile ro b<:come effecrive as irs original seal and signarures and binding upon AMBAC by virrue o( the counter-
signature of irs duly authorized represenrative.
UnlleJ Slares Tru~r
t r portion of the pnn-
t all be unpaid by
^C of Nonpay-
coupons, un-
face amount of
rhe owner of rhe
Effective Date:
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Secretary
Authorized Representative
UNITED STATF.5 TRUST COMPANY OF NEW YORK acknowledges that it
has agreed to perform the duties of Insurance TnJslee under thi~ Policy.
~~er~
I-orm" W..(}()(H IH;<JZ,
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AMBAC.
AMBAC Indemnity Corpof'3tion
clo CT Corpof'3tion Systems
44 Easl Mifflin Street
Madison. Wisconsin 53703
Administrative Office:
One State Street Plaz;a
New York. New York 10004
Endorsement
Policy issued to:
Auached to and forming pan of
Effective Date of Endorsement:
Nothing herein contained shall he hel
limitations of the above mentioned i
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The insurance provided by this policy is not covered by the Florida Insu
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ny of the terms, conditions, provisions, agreement'i or
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Secretary
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Form * S2B-0004 (~/90)
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Interoffice Correspondence Sheet
To:
Mayor and Commissioners
From:
Margaret Simmons, Finance Director t.--r(:yl~...q...<-'-
cc:
RE:
Updated Resolution 96-44
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Date:
June 6, 1996
Attached please find an updated copy of Resolution 96-44 related to the sale of Gas System
Revenue Bonds (Item 1144 on tonight's agenda). The last minute changes to this item were a
result of adding language as required by AMBAC (the company selected to provide bond
insurance and surety bonds). This additional language includes standard requirements by the
insurance company, however, until the special insurer was selected, we would not know what
specific language would be required. These changes have been reviewed by the bond
counsel, financial advisor, City Attorney, and myself. To assist you in your review of these
changes, I have only included a "blacklined" copy to show what language was added. The
original (not blacklined) copy has been forwarded to the City Clerk and City Attorney.
BM&O DRAFT #[~] 5
[^] 6/04/96
RESOLUTION NO. 96-44
A RESOLUTION PROVIDING FOR THE SALE OF NOT TO EXCEED
$9,750,000 GAS SYSTEM REVENUE BONDS AND $8,500,000 GAS
SYSTEM REVENUE REFUNDING BONDS; FIXING REDEMPTION
PROVISIONS FOR THE BONDS; SETTING FORTH THE FORM OF THE
NOTICE OF BOND SALE AND SUMMARY NOTICE OF BOND SALE
RELATING TO THE SALE OF SUCH BONDS;. DIRECTING PUBLICATION
OF THE SUMMARY NOTICE OF SALE RELATING TO SUCH BONDS;
PROVIDING FOR THE OPENING OF BIDS RELATING TO THE SALE OF
THE BONDS; SETTING FORTH THE OFFICIAL NOTICE OF SALE AND
BID FORMS; PROVIDING THAT SUCH BONDS SHALL BE ISSUED IN
FULL BOOK ENTRY FORM AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A LETTER OF REPRESENTATION WITH THE
DEPOSITORY TRUST COMPANY; APPROVING THE FORM OF A
PRELIMINARY OFFICIAL STATEMENT; PROVIDING FOR COMPLIANCE
WITH A CONTINUING DISCLOSURE CERTIFICATE; AUTHORIZING THE
SELECTION OF A REGISTRAR AND PAYING AGENT; AUTHORIZING
THE [A] PURCHASE OF MUNICIPAL BOND INSURANCE; AUTHORIZING
THE PURCHASB OF DEBT SERVICE RESERVE FUND SURETY BONDS:
AUTHORIZING THB EXECUTION OP A FINANCIAL GUARANTY
AGREEMENT WITH AMBAC INDEMNITY CORPORATION: PROVIDING
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 15, 1991, the City Commission of the city
of Clearwater, Florida (the "City" or the "Issuer") enacted
Ordinance No. 5118-91 (the "Original Ordinance") to provide for the
issuance of bonds payable from Net Revenues of the Gas System (as
defined therein); and
WHEREAS, on September 1, 1994, the city enacted Ordinance No.
5665-94 (the "Series 1994B Bond Ordinance") which authorized the
issuance of not to exceed $26,750,000 city of Clearwater, Florida,
Gas System Revenue Bonds, Series [to be determined], as Additional
Parity Obligations under the original Ordinance to finance the
costs of the Series 1994B Projects (as defined in the Series 1994B
Bond Ordinance); and
WHEREAS, on June 6, 1996, the city enacted Ordinance No. 6030-
96 (the "Refunding Ordinance", which together with the original
Ordinance and the Series 1994B Bond Ordinance, collectively, the
"Bond Ordinance") which authorized the issuance of not to exceed
$8,500,000 City of Clearwater, Florida, Gas System Revenue
Refunding Bonds, Series [To be determined] (the "Refunding Bonds") ,
as Additional Parity Obligations under the Original Ordinance to
Resolution No. 96-44
advance refund a portion of the city's outstanding Gas System
Revenue Bonds, Series 1991 (the "Refunded Bonds"); and
WHEREAS, it is in the best interest of the City to designate
the portion of such bonds to finance the Series 1994B Projects as
"Gas system Revenue Bonds, Series 1996A," (the "Series 1996A
Bonds") and to designate the Refunding Bonds as "Gas System Revenue
Refunding Bonds, Series 1996B" to reflect the year of their
issuance; and
WHEREAS, it is in the best interest of the City to provide for
the public sale of not to exceed $9,750,000 of Series 1996A Bonds
and $8,500,000 of Refunding Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, as follows:
SECTION 1. SERIES DESIGNATION. The not to exceed $9,750,000
of the Gas System Revenue Bonds, Series [to be determined]
authorized by the Series 1994B Bond Ordinance being offered
pursuant to this resolution are hereby designated as Series 1996A
Bonds (the "Series 1996A Bonds") and the not to exceed $8,500,000
of the Gas System Revenue Refunding Bonds, Series [to be
determined) authorized by the Refunding Ordinance being of~ered
pursuant to this resolution are hereby designated as Series 1996B
Bonds (the "Series 1996B Bonds").
SECTION 2. PUBLIC SALE. There are hereby authorized to be
sold pursuant to a public sale not to exceed $9,750,000 city of
Clearwater, Florida, Gas System Revenue Bonds, Series 1996A, and
not to exceed $8,500,000 city of Clearwater, Florida, Gas System
Revenue Refunding Bonds, Series 1996B (the Series 1996B Bonds,
together with the Series 1996A Bonds, the "Series 1996 Bonds").
SECTION 3. PROVISIONS FOR REDEMPTION. The Series 1996 Bonds
maturing prior to or on September 1, 2004 are not subject to
redemption prior to their maturity date. The Series 1996 Bonds
maturing after September 1, 2004 are subject to redemption at the
option of the City prior to maturity on or after September 1, 2004,
in whole at any time, or in part from time to time, on any interest
payment date in such manner as shall be determined by the city at
the redemption prices expressed as a percentage of the principal
amount of the Series 1996 Bonds to be redeemed as set forth below,
together with accrued interest to the date fixed for redemption.
Period During Which Redeemed
Redemption Price
(Percentage of Pa~t
September 1, 2004 through August 31, 2005
September 1, 2005 through August 31, 2006
September 1, 2006 and thereafter
102%
101
100
2
Resolution No. 96-44
SECTION 4. SALE OF SERIES 1996 BONDS. The Finance Director
is hereby directed to publish the Summary Notice of Sale of the
Bonds in a newspaper regularly distributed in the City of
Clearwater and in The Bond Buver, such publications to be on such
date as shall be deemed by the Finance Director to be in the best
interest of the Issuer and such publications to be not less than
ten (10) days prior to the date of sale; and to publish such Notice
in such other newspapers on such dates as may be deemed appropriate
by the Finance Director.
Proposals for purchase of the Series 1996 Bonds will be
received at the office of the Finance Director of the City, 100
South Myrtle Avenue, Clearwater, Florida 34616, from the time that
the Notice of Bond Sale is published until 11: 00 a. m., Eastern
Daylight Savings Time, on June 27, 1996 (the "Bid Date").
SECTION 5. APPROVAL OF FORMS. The Notice of Bond Sale,
Summary Notice of Sale of the Bonds and the Official Bid Forms to
be submitted for purchase of each series of the Series [A] 1996
Bonds shall be in substantially the forms annexed hereto, as
Exhibits A, B, C, and D, respectively, together with such changes
as shall be deemed necessary or desirable by the Finance Director,
incorporated herein by reference.
SECTION 6. BOOK ENTRY ONLY BONDS. It is in the best interest
of the city and the residents and inhabitants thereof that the
Series 1996 Bonds be issued utilizing a pure book-entry system of
registration. In furtherance thereof, the city authorizes the
execution and deli very of a Letter of Representation with the
Depository Trust Company in substantially the form attached hereto
as Exhibit E and the Mayor-Commissioner or the City Manager are
hereby authorized to execute and deliver the Letter of
Representation with such changes, insertions and omissions as shall
be approved by the officer of the city executing the same. The
City hereby ratifies and approves the terms and conditions set
forth on Exhibit E attached hereto. Such terms and provisions
shall be deemed to be incorporated herein and in the Ordinance as
if set forth at length. For so long as the Series 1996 Bonds
remain in such book entry only system of registration, in the event
of a conflict between the provisions of the Ordinance and the
provisions of Exhibit E attached hereto the terms and provisions of
Exhibit E shall prevail.
SECTION 7. PRELIMINARY OFFICIAL STATEMENT. The Mayor-
Commissioner and Finance Director are authorized and directed to
cause a Preliminary Official Statement to be prepared in
substantially the form attached her~to as Exhibit F, with such
changes, insertions and omissions as shall be approved by the
Mayor-Commissioner and Finance Director, containing a copy of the
attached Notice of Bond Sale and Official Bid Forms and to furnish
a copy of such Preliminary Official Statement to interested
bidders. The Mayor-Commissioner and Finance Director are
3
Resolution No. 96-44
authorized to deem final the preliminary Official statement
prepared pursuant to this section for purposes of Rule 15c2-12 (the
"Rule") of the Securities and Exchange Commission. Upon the award
of the Series 1996 Bonds to the successful bidder, the City shall
also make available a reasonable number of copies of the
Preliminary Official Statement to such bidder, who may mail such
Preliminary Official statements to prospective purchasers at the
bidder's expense.
SECTION 8. CONTINUING DISCLOSURE. The City hereby covenants
and agrees that, in order to provide for compliance by the City
with the secondary market disclosure requirements of the Rule, that
it will comply with and carry out all of the provisions of that
certain continuing Disclosure Certificate in substantially the form
attached hereto as Exhibit G, to be executed by the City and dated
the date of issuance and delivery of the Series 1996 Bonds, as it
may be amended from time to time in accordance with the terms
thereof (the "continuing Disclosure certificate") . Notwithstanding
any other provision of this Resolution, failure of the city to
comply with such continuing Disclosure Certificate shall not be
considered an event of default; however, any Bondholder may take
such actions as may be necessary and appropriate, including seeking
mandate or specific performance by court order, to cause the city
to comply with its obligations ullder this Section.
SECTION 9. REGISTRAR AND PAYING AGENT. First Union National
Bank of Florida, Jacksonville, Florida, is hereby appointed as
Registrar and Paying Agent for the Series 1996 Bonds.
SECTION 10. MUNICIPAL BOND INSURANCE[^] POLICIES AND RESERVE
~CCOUNT SURETY BONDS. Pursuant to the Bond ordinance, AMB~C
Indemnity Corporation (nAMBAC Indemnity") has been selected to
provide its Municipal Bond Insurance Policies as the Credit
Faoility (as defined in the Bond ordinance) as additional security
for payment of prinoipal and interest on the Series 1996A Bonds and
Series 1996B Bonds, respeotivoly, and to provide its debt service
reserve surety bonds (the "surety Bonds") in the amount ot the
applicable Reserve Requirements to fund the subaccounts of the
Reserve Account for the benefit of the Series 1996A Bonds and
Series 1996B Bonds, respectivelY. Selection of ANBAC Indemnity as
the Credit Faoility Issuer (as defined in the Bond Ordinance) and
AMBAC Indemnity as the provider of the debt service reserve fund
surety is hereby ratified and ~onfirmed and payment for such
Municipal Bond Insurance POlicies and surety Bonds from proceeds of
each of the series of the Series 1996 Bonds is hereby authorized..
The Issuer hereby accepts the terms, conditions and agreements
relating to the Municipal Bond Insurance Policies and the surety
Bonds in accordance with the commitment for Municipal ~ond
Insurance and Commitment for surety Bond, each as attaohed hereto
as Exhibit H and incorporated herein. A statement of insurance is
~ereby authorized to be printed on or attached to each series o(
the Series 1996 Bonds for the benefit and information of the
4
Resolution No. 96-44
holders of the Series 1996 Bonds. The Mayor-commissioner is
authorized to executa and the Cler~ is authorized to attest a
Guaranty Agreement in substantially the form attached to th@
commitment for Surety Bond attached as Exhibit H hereto, with such
ohanqes, insertions and omissions as may be approved bY such
otfioers.
In addition to the covenants and agreements of the city
previously contai.ned in the Bond ordinance regarding the rights of
AMBAC Indemnity as the Credit Facility Issuer and the provider of
the debt service reserve fund surety bonds, which are hereby
incorporated herein, the city hereby makes the following additional
covenants and agreements for the benefit of AMBAC Indemnity and the
Holders of the Series 1996 Bonds while the Municipal Bond Insurance
Policies insuring the Series 1996 Bonds and the surety Bonds are in
full force and efteet:
COVENANTS REGARDING MUNICIPAL BOND INSURANCE POLICIES. As
long as the Munioipal Bond Insurance Policies shall be in full
force and effect with respect to the series 1996 Bonds, the Issuer
agrees to comply with the following provisions:
(A) ~onsent of AMBAC Indemnity.
Any provision herein or in the Bond Ordinance expressly
reooqnizing or granting rights in or to AMBAC Indemnity may
not be amended in any manner which affects the rights ot AMBAC
Indemnity hereunder or thereunder without the prior written
consent of AMBAC Indemnity.
Unless otherwise provided in this section, AMBAC
Indemnity'S consent shall be reauired in addition to
Bondholder consent. when required. for the following purposes:
(i) execution and delivery of any supplemental resolution:
( ii) removal of the paying Agent and selection and appointment
of any successor paying Agent: and (iii) initiation or
a~proval of any action not described in (i) or (ii) above
which requires Bondholder consent.
Any reorganization or liquidation plan with respect to
the Issuer must be acceptable to AMBAC Indemnity. In the
event o~ any reorganization or liquidation. AMBAC Indemnity
shall have the right to vote on behalf of all bondholders who
hold AMBAC Indemnity-insured bonds absent a default by AMBAC
Indemnitv under the applicable Municipal Bond Insurance
policies insuring such series 1996 Bonds.
Anythinq herein or in the Bond ordinance to the oontrary
notwithstanding. upon the occurrence and continuance of an
event of default as defined therein. AMBAC Indemnitv shall be
entitled to control and direct the enforcement of all rights
5
Resolution No. 96-44
~nd remedies granted to the Bond~olders under the Bond
Ql:dinanc:e~
(B) Notices To Be Give~ To AKBAC Indemnitv.
The Issuer shall furnish to AMBAC Indemnity (to the
attention of the Surveillance Department unless otherwise
indicated:
(i) as soon as practicable after the filinq thereof. a
copy of any financial statement of the Issuer and a copy of
any audit and annual report ot the Issuer:
(ii) a copy of any notice to be qiven to the reqistered
owners of the Series 1996 Bonds. including, without
limitation. notice of any redemption of or defeasance of
Series 1996 Bonds. and any certificate rendered pursuant
hereto relatinq to the security for the Series 1996 Bonds: and
(iii)
request.
such additional information it may reasonably
The Issuer shall notify AMBAC Indemnitv of any failure of
the Issuer to ~rovide relevant notices. certificates. etc.
The Issuer will permit AMBAC Indemnity to discuss the
affairs. finances and accounts of the Issuer or any
information AMBAC Indemnity may reasonably request regarding
the security for the Series 1996 Bonds with appropriate
officers of the Issuer. The Issuer will Dermit AMBAC
Indemnity to have access to the Project and have access to and
to make copies of all books and records relatinq to the Series
1996 Bonds at any reasonable time.
AMBAC Indemnity shall have the right to direct an
accounting at the Issuer's expense and the Issuer's failure to
comply with such direction within thirty (30) days after
receipt or written notice of the direction from AMBAC
Indemnity shall be deemed a default under the Bond Ordinance:
provided. however. that if compliance cannot occur within such
period, then such period will be extended so long as
compliance is bequn wi tbin such period and diliqently pursued.
but only if such extension would not materially adversely
affect the interests of any registered owner of the Series
1996 Bonds.
Notwithstanding any other provision of the Bond
Ordinance. the Issuer shall immediately notify AMBAC Indemnity
if at any time there are insuffioient moneys to make any
payments ot principal and/or interest as required and
immediately upon the occurrence of any event of default under
the Bond Ordinance.
6
Resolution No. 96-44
1<' . . ' .
To the extent that the Isauer has entered into a
oontinuinq disclosure agreement with respeot to the ser~~
1996 Bonds, AMBAC Indemnity shall be include4 as a party to be
notified thereunder.
(e) Payment Procedure Pursuant to Municipal Bon4
Insurance Policies.
The Issuer agrees to complY with, or cause to be com~lied
with, the following provisions:
(a) At least one (1) day prior to all interest payment
dates for the Series 1996 Bonds (each an ":Interest Payment
Date") the paying Agent will determine whether there will be
sufficient funds in the funds and accounts to ~ay the
principal ot or interest on the Series 1996 Bonds on such
Interest Payment Date. If the paying Aqent determines that
there will be insufficient funds in such funds or accounts,
the paying Aqent shall so notify AMBAC Indemnity. Such notice
shall specify the amount of the anticipated deficiency, the
series 1996 Bonds to which such deficiency is applicable and
whether such Series 1996 Bonds will be deficient as to
principal or interest, or both. If the Paying Agent has not
so notified AMBAC Indemnity at least one (1) day prior to an
~nterest Payment Date, AMBAC Indemnity will make payments of
principal or interest due on the Series 1996 Bonds on or
before the first (1st) day next following the date on which
AMBAC Indemnitv shall have received notice ot nonpayment from
the Pavinq Agent.
(b) The paying Agent shall, after qivinq notice to AMBAC
Indemnity as provided in (a) above, make" available to AMBAC
Indemnity and, at AMBAC Indemnity's direction, to the United
states Trust company of New York, as insurance trustee for
AMBAC Indemnity or any successor insurance trustee (the
"Insurance Trustee"), the registration books of the Issuer
maintained bv the Payinq Aqent and all records relatinq to the
funds and accounts maintained under the Bond Ordinance.
(c) The paying Agent shall provide ANBAe Indemnitv and
the Insurance Trustee with a list of registere4 owners of
series 1996 Bonds entitled to receive principal or interest
payments from AHBAC Indemnity under the terms of the Municipal
Bond Insurance POlicies, and shall make arrangements with the
Insurance Trustee (i) to mail checks or drafts to the
registered owners of series 1996 Bonds entitled to receive
full or partial interest payments from AMBAC Indemnity and
(ii) to pay principal upon Series 1996 Bon4s surrendered to
the Insurance Trustee by the registere4 owners of series 1996
Bonds entitled to receive full or partial principal payments
from AMBAC Indemnity.
7
Resolution No. 96-44
(d) The payinq Aqent shall. at the time ~t provides
Dotice to AMBAC Indemnity pursuant ~o (a) above. notUy
registered owners ot series 1996 Bonds entitled tQ receive the
payment ot principal or tnterest thereon frQm AMBAC Indean~
(i) as to the fact ot such entit~ement. (ii) that AMBAC
Indemnitv will remit to them all or a Dart ot t~e int~rest
~yments next coming due upon proof ot Bondholder entitlement
to interest payments and delivery to t~e Insurance Trustee, in
form satisfactory to the Insurance Trusteel of an appropriate
assignment of the reqistered owner's right to ~21ymentl (iiil
that should they be entitled to receive full payment of
principal from AMBAC Indemnity. they must surrender their
series 1996 Bonds (along with an appro~riate instrument ot
assignment in form satisfactory to the Insurance Trustee to
permit ownerShip of such Series 1996 Bonds to be registered in
the name of AMBAC Inc!emnity) for payment to the Insurance
Trustee. and not the paying Agent. and (iv) that should they
be entitled to receive J)artial payment of principal from AMBAC
Indemnitv, they must surrender their series 1996 Bonds for
payment thereon first to the Paving Agent, who shall note on
such Series 1996 Bonds the portion of the principal paid by
the paying Agent. and then, alonq with an appropriate
instrument of assignment in form satisfactory to the Insuranoe
Trustee to the Insurance Trustee, which will then pay the
unpaid portion of the principal.
(e) In the event that the paving Agent has notioe that
any payment of prinoipal of or interest on a series 1996 Bond
which has become Due for Payment and which is made to a
Bondholder bv or on behalf of the Issuer has been deemed a
preferential transfer and theretofore recovered from its
registered owner pursuant to the united states Bankruptcy Code
by a trustee in bankrul>tcy in aocordance with the final,
nonappealable order of a court havin~ conpetent jurisdictionl
the pavinq Agent shall, at the time AKBAC Indemnity is
notified pursuant to (a) abovel notifv all reqistered owners
that in the event that any registered owner's payment is not
recovered such registered owner will be entitled to payment
from AMBAC Indemnity to the extent of such recovery if
sufficient funds are not otherwise available. and the Paying
Aaent shall furnish to AMBAC Indemnity its records evidencing
the payment of princi~al of and interest on the Series 1996
Bonds which have been made by the paying Agent and
subsequently recovered from registered owners and the dates on
which such payments were made.
(f) In addition to those rights qranted ~AC Indemnity
hereunder and under the Bond ordinance, AHBAC Indemnitv shall.
to the extent it makes payment of ~rinoipal of or interest on
series 1996 Bonds. become subrogated to the rights of the
reci~ients of such payments in accordance with the terms of
the Munioipal Bond Insurance POlicies, and to evidence such
8
Resolution No. 96-44
sUbrogation (i) in the case ot subrogation as to olaims for
past due interest, the paying Agent shall note AMBAC
Indemni~v's rights as subrogee on the registration books of
~he Issuer maintained bv the Paying Agent upon reoeipt t~
AMBAC Indemnity of proof of the payment of interest thereon to
the registered owners of the series 1996 Bonds. and (ii) in
the case of sUbrogation as to claims for past due Drinoipal,
the Paying 1t.qent shall note AHBAC Indemnity's rights as
subrogee on the reqistration books of the Issuer maintained by
the Paving Agent upon surrender of the series 1996 Bonds by
the registered owners thereof, together with proof of the
payment of principal thereof.
(D) paving Agent-Related Provisions.
The Paying Agent may be removed at any time, at the
request of AMBAC Indemnity~ tor any breaoh of the trust set
forth herein and in the Bond Ordinance. AMBAC Indemnity shall
reoeive prior written notice of any resignation of the paying
Agent. Any successor Paying Agent shall not be appointed
unless AMBAC approves such successor in writing.
Notwi thstanding any other provision hereof of or the BontS
Ordinance. in determininq whether the riqhts of th~
Bondholders will be adversely affected by any action taken
pursuant to the terms and provisions hereof. the Paving Agent
shall consider the effect on the Bondholders as if there were
no Municipal Bond Insurance POlicies.
Notwithstanding any other provision hereof or of the Bond
ordinance. no removal, resignation or termination of the
Paying Aqent shall take effect until a successor, acceptable
to AMBAC Indemnity, shall be ap~ointed.
(E) Third-Party Beneficiary. To the extent that this
resolution or the Bond Ordinance confers UDon or gives or
grants to AMB1t.C Indemnity any right, remedY or claim under or
by reason hereof or thereof , AMBAC Indemnity is hereby
explicitly recognized as being a third-party benefioiary
hereunder or thereunder and may enforce any such right, remedy
or claim conferred, given or granted hereunder or thereunder.
U.') Parties Interested Herein. Nothing in this
ReSOlution or t~e Bond Ordinance expressed or implied is
intended or shall be construed to confer upon. or to give or
grant to. any person or entity, other than the Issuer. AMBAC
Indemnity. the paying Agent and the registered owners of tee
Bonds. any riqht~ remedy or claim under or by reason hereof or
any covenant. condition or stipUlation hereof or thereof, and
all covenants, stipulations, promises and aqreements herein
and therein contained by and on behalf of the Issuer shall be
for the sole and exclusive benefit of the Issuer. AMBAq
9
Resolution No. 96-44
Indemnity. the payinq Aqent and the registered owners of the
series 1996 Bonds.
(a) Defeasance. Notwithstanding anything herein or in
the BoneS Orttinance to the contrary. in the event that tl)e
~rinoipal and/or interest due on the Series 1996 Bonds shJll
be pai~ by ANBAC Indemnity corporation pursuant to the
Municipal Bontt Insurance policies. the Series 1996 Bonds shall
remain outstanding for all purposes. not be defeased or
otherwise satisfied and not be considered paid bY the Issuer.
and the assignment and pledge hereunder and under the Bond
Ordinance and all covenants. agreements and other obligations
of the Issuer to the registered owners shall continue to exis~
and shall run to the benefit of ANBAC Indemnity. and AHBAC
Indemnity shall be subrogated to the riqhts of such registered
owners.
COVENANTS REGARDING SURETY BONDS. As lonq as the surety Bonds
shall be in full force and effect with respect to the Series 1996
Bonds. the Issuer agrees to comply with the following provisions:
(A) Consent of AMBAC Indemnity.
Any provision herein or in the Bond Ordinance expressly
recognizing or granting rights in or to AMBAC Indemnity may
not be amended in any manner which affects the riqhts of AMBAC
Indemnity hereunder or thereunder without the ~rior written
consent of AMBAC Indemnity. .
Unless otherwise provided in this Section. AMBAC
Indemnity's consent shall be required in addition to
Bondholder consent. when required. for the followinq purposes:
(i) execution and delivery of &ny supplemental resolution:
(ii) removal of the Paying- Agent and selection and appointment
of any successor Paying- Agent: and (iii) initiation or
approval of any action not described in (i) or (ii) above
which requires Bondholder consent.
(B) Notices To Be Given To AMBAC Indemnity.
The Issuer shall furnish to AMBAC Indemnity:
(i) as soon as practicable after the filing thereof. a
COPy of any financial statement ot the Issuer and a coPY of
any audit and annual report of the Issuer;
(ii) a copy ot any notice to be given tG the registered
owners of the Series 1996 Bonds. and any certificate rendered
pursuant hereto relating to the security for the series 1996
Bonds: and
10
Resolution No. 96-44
.li.il )
request.
~be Issuer will ~ermit AMBAC Indemnity ~o discuss th~
affairs. finances and aocounts of the Issuer or any
informa~ion AMBAC Indemnity may reasonably request regarding
the seourity for the series 1996 Bonds with appropriate
officers ot the Issuer. The Issuer will permi t AMBAC
Indemnity to baveacoess to the Project and ~ave aocess to and
to make copies of all books and records relatinq to the Series
1996 Bonds at any reasonable time.
such a4~j.tional information it may reasonably
Notwithstandinq any other provision hereof or of the Bond
Ordinance.' the Issuer shall immediately notify AMBAC Indemnity
if at any time there are insufficient moneys to make any
paYments of ~rincipal and/or interest as required and
immediately upon the occurrence of (i) any event of default
hereunder or thereunder. or (ii) any payment default under any
related security agreement.
To the extent that the Issuer has entered into a
continuing disclosure agreement with respect to the Series
1996 Bonds. AMBAC Indemnity Shdll be included as a party to be
notified thereunder.
(e) Payment Prooedure Pursuant to surety Bonds.
.ii1. :In the event and to the extent that moneys on
deposit in the Sinking Fund, plus all amounts on deposit in
and credited to the respeotive subaccounts of the Reserve
Account tor the benefit of the Series 1996A and series 1996 B
Bonds. resDectively, therein. in excess of the amount of the
surety Bonds. are insufficient to pay the amount of principal
an~ interest coming due. then upon the later of: (1) one (1)
day after receipt by the General Counsel of AMBAC :Indemnity of
a demand for payment in the form attached to the surety Bonds
as Attachment 1 (the "Demand foZ' payment'."). has not been made
to the paying Agent: or (ii) the paYment date of the
Obligations as specified in the Demand for PaYment presented
by the PaYing Agent to the General Counsel of AMBAC Indemnity,
AMBAC Xndemnity will make a deposit of funds in an account
with the Paying Agent or its successor. in New York. New York,
sufficient for the payment to the paying Agent, of amounts
which are then due to the payinq Agent hereunder (as specified
in the Demand for Payment) up to but not in excess of the
surety Bond Coverage, as defined in the surety Bonds;
provided. however. that in the event that the amount on
deposit in. or credited to. the respective subaccounts of the
Reserve Account for the benefit of the Series 1996A Bonds and
Series 1996B Bonds, in addition to the amount available under
the Burety Bonds, includes amounts available under a letter of
credit. insurance pOlicy. suret~.bond or other such funding
11
Resolution No. 96-44
instrument (the "AddW.onal Funding InatrUJllents"). draws on
the surety Bonds and the Addition~l Funding Instruments shal~
be made on a pro rata basis to fund the insufficiency tor tbe
series 1996A Bonds and/or Series 1996B Bonds.
eii) the paying ~qent shall. after submitting to AMBAC
Indemnity the Demand tor Payment as provided in (1) above.
~ake available to AMBAC Indemnity all records relating to the
Funds and ~ccounts maintained under the Bond Ordinance.
( iii) tho Paving Agent shall. upon receipt ot moneys
~eceived from the draws on the Surety Bonds. as specified in
the Demand tor Payment. credit the respective subaccounts ot
the Reserve Account tor the benefit of the series 1996A Bonds
and Series 1996B Bonds to the extent of moneys received
pursuant to such Demand.
(iv) the respective subaccounts of the Reserve Account
for the benefit of the Series 1996A Bonds and the Series 1996B
Bonds shall be replenished in the following priority:
(a) principal and interest on the surety Bonds and on the
Additional Funding Instruments. if any. shall be paid trom
first available Revenues on a pro rata basis: (b) after all
such amounts are ~aid in full. amounts necessary to fund the
respective subaccounts of the Reserve Account tor the benefit
of the Series 1996A Bonds and the Series 1996B Bonds to the
required level. after taking into account the amounts
available under the surety Bonds and the Additional Funding
Instruments. if any. shall be deposited from next available
Revenues.
SECTION 11. AWARD OF BIDS. The Finance Director is hereby
authorized to accept the bids for the Series 1996 Bonds. The city
Manager and the Finance Director are hereby authorized to award the
sale of the Series 1996A Bonds and/or the Refunding Bonds,
respectively, on their determination of the best bid submitted in
accordance with the terms of the Notice of Bond Sale provided for
herein and within the following parameters: (1) in the case of the
Series 1996A Bonds, the true interest cost rate shall not exceed
7 . 00%, and (2) in the case of the Refunding Bonds, the true
interest cost rate shall not exceed 7.00% and the refunding of the
Refunded Bonds by the Refunding Bonds shall provide the City with
a net present value savings of not less than 4.0% of the par amount
of the Refunded Bonds. The city Manager and the Finance Director
are hereby authorized to award the sale of either the Series 1996A
Bonds or the Refunding Bonds as set forth above or to reject all
bids for either or bo~h series of Series 1996 Bonds. Such award
shall be final.
SECTION 12. EFFECTIVE DATE.
effect immediately upon adoption.
This resolution shall take
12
Resolution No. 96-44
Passed and adopted by the City Commission of the City of
Clearwater, Florida, this day of , 1996.
^.
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
, .
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
13
Resolution No. 96-44
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EXHIBIT A
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FORM OF NOTICE OF BOND SALE
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Resolution No. 96-44
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EXHIBIT B
FORM OF SUMMARY NOTICE OF SALE
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EXHIBIT C
FORM OF BID PROPOSAL FOR SERIES 1996A BONDS
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EXHIBIT 0
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FORM OF BID PROPOSAL FOR REFUNDING BONDS
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EXHIBIT E
FORM OF DTC LETTER OF REPRESENTATION
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EXHIBIT F
PRELIMINARY OFFICIAL STATEMENT
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EXHIBIT G
CONTINUING DISCLOSURE' CERTIFICATE
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EXHIBIT H
COMMITMENTS FOR MUNICIPAL BOND INSURANCE POLICIES AND
DEBT SERVICE RESERVE SURETY BONDS
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Resolution No. 96-44
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Re-4~
Fiscal Review Committee
Meeting or May 28, 19%
Recommendation
The Committee agreed that they could support the Gas Strategic Plan, the increase in gas utility
rates (effective 10//96), the sale of an additional $9.75 in Gas System Revenue Bonds, and the
refunding of 1991 Bonds provided:
· a Gas Marketing plan is scheduled for completion in a reasonable time frame,
· the goals of the Gas System are monitored on a monthly basis,
· the Commission considers using an outside advisory committee or board to monitor the
Gas System,
. and, the Commission moves forward with the Management Audit of the System.
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Item # 45
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Clearwater City Commission
Agenda Cover Memorandum
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Item tI
Heeting Dote:
SUBJECT:
Ordinance designating locations for sale of petroleum products at Clearwater
Marina and allowing only fully qualified fuel vendor, approved by the City
Manager and under an annual fuel contract, to provide petroleum products sold
at Clearwater Marina.
RECOMMENDATION/KOTION:
Approve amendment to City Code, section 33.031 to designate locations for sale
of petroleum products at Clearwater Marina and allow only fully qualified fuel
vendor, approved by the city Manager and under an annual fuel contract with the
city, to provide all petroleun products sold at Clearwater Marina, and pass
Ordinance 6048-96 on first reading,
~ and that the appropriate officials be authorized to execute sa~.
SUMMARY:
* The city has been questioned by outside fuel vendors on the exact locations
for the sale of petroleum products at Clearwater Municipal Marina.
* The changes to Section 33.031, of the Code of Ordinances, identifies the
locations for sale of petroleum products as the Marina fuel dock at the
southeast end of the narina and the commercial fuel dock on the seawall at the
east end of the narina.
* Identifying the locations for the sale of petroleum products at Clearwater
Municipal Marina in the city code will clear up any confusion on the part of
outside fuel vendors, who are not under an annual fuel contract with the city.
* only a fully qualified fuel vendor, approved by the city Manager and under
an annual fuel contract with the city, shall provide all petroleum products
sold at Clearwater Marina.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
AtM
Other
~~.
IA
N/A
N/A
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N/A
Originating Dept:
Marine
$ NIl.
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dept:
$ N/A
Current Fiscal Yr.
Marine
funding Source:
o Capitol I~.
o Operating
o Other
Attachments:
1. Ordinance 6048.96.
~itted by: ~
q.1kfZ;:(
City M~ger
Advertised:
/ Date: N/A
Paper:
' x Not Requi red
Affected Parties
o NotUied
X Not Requi red
o None
Appropriation Code:
o Printed on recycled paper
ORDINANCE NO. 6048-96
~_S'
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO
THE SALE OF PETROLEUM PRODUCTS; AMENDING SECTION 33.031,
CODE OF ORDINANCES, TO IDENTIFY THE LOCATIONS FOR SALE OF
PETROLEUM PRODUCTS AT CLEARWATER MARINA; ALLOWING ONLY FULLY
QUALIFIED VENDOR, APPROVED BY THE CITY MANAGER AND UNDER AN
ANNUAL FUEL CONTRACT WITH THE CITY, TO PROVIDE PETROLEUM
PRODUCTS SOLD AT CLEARWATER MARINA; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 33.031, Code of Ordinances, is amended to
read:
Sec. 33.031. Sale of petroleum products.
The city manager shall have authority to designate locations on
city-owned property at or from which petroleum products for the use of
boats may be sold and no such products may be sold or delivered except
from such locations. The locations for sale of petroleum products by
the city at the Clearwater Municipal Marina are the Marina fuel dock
located at the southeast end of the Marina and the Marina commercial
fuel dock located along the seawall on the east end of toe marina. A
fully qualified fuel vendor. as approved by the City Manager and under
an annual fuel contract with the city. shall provide all petroleum
products sold at the Clearwater Municipal Marina. The city manager
shall establish retail prices for such petroleum products, which
prices, insofar as federal regulations permit, shall be comparable
with prices for similar products sold in similar quantities by other
marine fuel outlets in the area.
Section 2. 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:
Attest:
~c=
Jo C. Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6048-96
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Clearwater City Commission
Agenda Cover Memorandum
L(0
Item #
Meeting Date:
SUBJECT:
SECURITY FOR MAIN LIBRARY AND COACHMAN PARK PLAZA
RECOMMENDATION/MOTION:
Approve hiring of two full-time police service technicians to provide guard
service for the Main Library and surrounding Coachman park area for 70 hours
per week, to be effective on August 15, 1996, when contract with National
Building Maintenance, Inc. expires,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
* Since 1991, National Building Maintenance, Inc. has provided 46 hours per
week of security guard services for the Main Library, at an annual cost of
$15,840.
* The minimum-wage guards do not have the police training or radio access
which is provided by Clearwater's uniformed police technicians.
* Police service technicians are hired and trained by the Clearwater Police
Department. Their training and radio contact will provide more professional
and efficient responses to problems caused by library customers and by the
street people and visitors to Coachman Park.
* Current annual cost for the two positions is $50,377.88, which includes all
benefits. Salary and benefit costs for the three pay periods remaining in
1995-96 will be $5,813 plus $1,200 for two sets of uniforms and $5,500 for
two rechargeable radios.
* Funding for 1995-96 will be provided by a mid-year amendment appropriating
$12,513 from other general fund department savings.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
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N/A
N/A
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Originating Dept:
~ Library
Costs:
$ 12.513
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
User Dept:
Police Department
$
Current Fiscal Yr.
SUbmit??~
Clty ~ger
Advertised:
Date:
){;) Paper:
~ Not Requi red
Affected Parties
o Notified
~ Not Requi red
Funding Source:
o Capital Imp.
~ Operating
o Other
Attachments:
181 0 None
Appropriation Code:
010-011xx-5xxxOO-521-000
~ Printed on recycled paper
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Item #47 moved to
6-14-96
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APPOINTMENT WORKSHEET
Ltc;{
FOR COMMISSION MEETING June 6. 1996 APPOINTMENTS Agenda #_
BOARD: Beautification Committe~
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 9
CHAIRPERSON: William Baldwin
MEETING DATES:1 st Wed., 9:00 a.m.
PLACE: Annex
APPTS. NEEDED: 2
DATE APPTS TO BE MADE: 6/6/96
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THE FOLLOWING ADVISORY BOARD MEMBERlS) HAVE TERMS WHICH EXPIRE AND
NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A
NEW APPOINTEE.
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Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
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1. Vacant Seat lPam Fleming resigned 9/95 - moved)
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2. Vacant Seat lBarbara Bickerstaffe resigned 4/1/96)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE
ABOVE VACANCIES:
Name-Address Comments-Related Experience.Etc.
1. Nancy Aft Dentist
3273 San Pedro St., 34619
2. Brooks Hammac Manager - Lockheed Martin Specialty Components
2035 Rebecca Dr., 34624
3. David Stitt Orthopaedic Technician
2909 Gulf to Bay Blvd., 0-105, 34619
4. Robert Sudalnik
2021 Oakdale Way, 34615
Computer Executive
Zipcodes of current members:
2 at 34621
1 at 34624
4 at 34630
2 vacant
CJ K d--
APPOINTMENT WORKSHEET
Agenda ;19
FOR COMMISSION MEETING June 6. 1996 APPOINTMENTS
BOARD: Community Relations Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
(up to 2 Pinellas County Residents at one time)
MEMBERS: 13
CHAIRPERSON: Herbert Freitag
MEETING DATES: As called (4/yr.)
PLACE: Commission Chambers
APPTS. NEEDED: 1
DATE APPTS: TO BE MADE: 6/6/96
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.
SPECIAL QUALIFICATIONS: 1 representative from each of the following: Retail Merchandising
Mgmt; Industrial Mgmt.; Real Estate Sales; Property Leasing; Mortgage Financing & Law
Enforcement. (There may be 2 from Pin. Co. under Clwr jurisdiction)
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Date of Original
Appointment
Attendance
Record
Interest in
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1 . Vacant Seat - At-Large (Gay McGill resigned 4/22/96)
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Etc.
1. Kirk Burness
1206 N. Osceola Ave., 34615
(At-Large)
Management Consultant
2. Johnny Long
2315 Minneola Rd., 34624
(At-Large)
Retired Consultant, past work w/US Dept. of HUD
3. Edith Saulnier
660 Island Way, #204, 34630
(At-Large)
Retired Nurse
Zip codes of current members on board:
4 at 3461 5
1 at 3461 6
2 at 34621
2 at 34624
1 at 34625
1 at 34630
Law Enforcement rep - do not list home address
1 vacant
RESOLUTION NO. S.6-4~L
5'/ c,
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 of 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 property 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 failed to take remedial action within the time
provided and have failed to file a notice of appeal within the time allowed, or appealed the notice
of violation but failed to take remedial action within the time provided by the Code Enforcement
Board, and it became necessary for the City to take remedial action; and
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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and correct.
Section 2. The City Commission 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.
PASSED AND ADOPTED this
day of
, 1996.
Rita Garvey
Mayor-Commissioner
Reviewed as to form and
legal sufficiency:
~;.--
Assistant City Attomey
Attest:
".
Cynthia E. Goudeau
City Clerk
Resolution No. 96-41
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EXHIBIT A / MAY
PROPERTY OWNER
LEGAL DESCRIPTION
COST
ADMIN.
CHARGB
TOTA..4
American Health &
Accident Ins.
Bassadena Sub, Blk D Lot 15
& El/2 Lot 16
$ 35.00
200.00 $ 235.00
Wayne Bu te
Rogers Sub, Lot 8
46.50
200.00
246.50
Melanie H. Cordes
Vacant lot 210 pierce Blvd.
187.50
200.00
387.50
Resolution No. 96-41
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CITY OF CLEARWATER
INTERDEPARTMENT CORRESPONDENCE
TO:
COPIES:
John Carassas, Assistant City Attorney
Victor C. Chodora, Assistant Director, Central permittin~
Scott Shuford, Director, Central Pennitting
FROM:
SUBJECT:
Demolition lien - 70S Pennsylvania Avenue
DATE:
May 16, 1996
We have attached Resolution No. 96-43 to file a demolition lien on the above
property. This property was demolished without the filing of a Wavier of Notice
and Hearing.
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The demolition was completed on April 8, 1996. Attachment "A" is included
containing an itemization of the expenses incurred in this demolition process.
The Notice of Violation, title search and other notices to owner are included.
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MAY 2 0 1996
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RESOLUTlO~O. 96-43
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN PINE CREST SUBDMSION, CLEARWATER,
FLORIDA, HAVING A POST OFFICE ADDRESS OF 705
PENNSYLVANIA AVENUE, CLEARWATER, FLORIDA, AS
DESCRIBED MORE PARTICULARLY HEREIN, IN THE
AMOUNT OF $5023.00 FOR THE COSTS OF DEM:OUTION
INCURRED IN REMOVING A DANGEROUS STRUCTURE,
WITHOUT TIlE CONSENT OF OWNER.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official detennined that certain real property described
herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation; and
dangerous and detrimental to the health, safety, and general welfare of the community, and did
not properly comply with the requirements of said Code, and found that an emergency existed
which, in his opinion, involved danger to human life and health, and ordered the demolition of
the building; and
WHEREAS, the City of Clearwater has caused the demolition of the building, and the
cost of such work should now be assessed as a lien on behalf of the City of Clearwater against
the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the demolition of the building situated
on the following described property:
Pine Crest Sub, Blk 7, Lot 9
(parcel Number 10/29/15/69138/007/0090).
Owner of record:
Obadiah and Lillie Mae James
807 Vine Avenue
Clearwater, FL 34615-4250
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and the City of Clearwater having now completed said work, the City Commission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the
necessary costs incurred as follows:
TOTAL DEMOLITION COSTS
(See Attachment "A")
$5023.00
Section 2. As soon as practicable, a Certificate of Indebtedness against the property for
the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all
other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City
with interest at a rate of eight percent (8 %) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount
of the assessment against said property, and to record the same in the Public Records of Pinellas
County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1996.
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
~r=~
10 Carassas
Assistant City Attorney
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A TT ACHI.\fENT "A"
Resolution 96-43
(705 Pennsylvania Avenue - Clearwater, Florida)
TASK
TIME
NALOL - (Pinellas County Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
5
TOTAL EXPENSES
AMOUNT
$125.00
24.38
3.16
65.00
600.00
1946.50
459.00
1800.QQ
$5023.M
$5023.00
EXPENSES
Five (5) hours @ $25.00 per hour
Film, developing, and prints
Certified Mail and regular postage
Title Search - Sexton Title Services, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal - Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Demolition (Howard Jimmie's Demolition)
LIEN AMOUNT
SIc-
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING IN CONCEPT A PLAN TO
LEND $900,000 TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER TO FACILITATE THE
DEVELOPMENT OF A WlNN-DIXIE STORE IN A
DOWNTOWN CLEARWATER LOCATION TO BE
OWNED BY CLEARWATER NEIGHBORHOOD
HOUSING SERVICES, INCORPORATED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater Neighborhood Housing Services,
Incorporated (CNHS) is working with Winn-Dixie to develop a grocery store in a
location in Downtown Clearwater to be owned by CNHS, and
WHEREAS, CNHS has asked the Community Redevelopment Agency
(CRA) to lend the project up to $900,000 at an interest rate of 3% over 20 years;
and
WHEREAS, the CRA would borrow up to $900,000 from the City of
Clearwater at the current cash pool rate of 6% and pay down the interest with
the tax increment generated by the improvements in the Downtown
Redevelopment District from the store; and
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WHEREAS, the CRA must amend the Downtown Plan to include a
grocery store at the location; and
WHEREAS, the Winn-Dixie project will benefit the downtown
redevelopment district by improving the property, generating or retaining over
200 jobs and providing convenient, accessible shopping to support the
residential areas within the CRA and surrounding areas; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
~ The City Commission approves in concept a plan to lend up to
$900,000 at 6% interest for 20 years to the CRA which in turn will lend $900,000
at 3% interest over 20 years to CNHS for the development of the Winn-Dixie
store in a location in Downtown Clearwater; provided that the eRA Plan is
amended to include a grocery store at the location and all other conditions are
met.
Resolution No. 96-46
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~ This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of June. 1996.
Rita Garvey, Mayor-Commissioner
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Approved as to form
an~ I~al sufficiency:
~-JJ- E-~
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau. City Clerk
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Resolution No. 96-46
Mar-OB-OO 03:07P clQarwatsr E 0 462 6699
P.02
(' Project Data
f- {'O vY\ t". LA, rr....e VV\ D
Rc::: ,-sic.
Construction 1,968,518
GrOS9 Lease Area 48.466
LeB88 Per Square Foot $ 6.00
Total Project Cost $ 4,800,000
Estimated New Assessment @ 80% $ 3,840,000
Existing Assessment $ 1.152,700
TOTAl (1VU',:)o ~ ~V-S.
Ad Valorem Tax Incremont Gain
CRA Loan Repayment $ 26,673 $ 323,746
Net Gain te eRA $ 2,471 $ 259,130
eRA MlllagG 0,0114158
Common Area Charges
lighting
Sewer & Water
Maintenance
Landscaping Repairs
TOTAL
25.000
50,000
15.000
10,000
100.000
CAM Per Square Foot
Taxes Per Square Foot
Insurance Per Square Foot
2.06
0.90
0.14
Total Cost Per Square Foot
3.11
f\ ~ -. ~:) 1 C-'
Winn-Dixie/Clearwater Neighborhood Housing Services
COPIES TO:
COMMISSION
JUN 0 3 1996
PHc;:;S
CLERK I ATTORNEY
The Clearwater Neighborhood Housing Services (CNHS), a non-profit organization, has been working
with Winn-Dixie for the last year to relocate a nearby store which is closing to a location in downtown
Clearwater. The current store has 80 employees and the new store will retain the 80 employees and
hire approximately 160 additional employees. An agreement with the St. Petersburg Junior College
will insure that recruits will have training available and will enable CNHS to target low to moderate
income persons for these jobs. (See attached letter from Winn-Dixie addressed to Alan Ferri.)
Wino-Dixie plans to construct the facility and then sell the improvement to CNHS. The entire project
will cost approximately $4,824,125. Of the total amount, a consortium of banks will lend $2,888,075.
CNHS will raise $1,035,050 through gifts and grants. This will leave a shortfall of $900,000. (See
Sources and Uses attachment and a listing of revenues and expenses attachment.)
CNHS is asking the CRA to lend the project this money at a 3 % interest rate over 20 years. The
CRA could borrow the $900,000 from the City of Clearwater at the current cash pool rate of 6% and
pay down the interest with the tax increment generated by the improvements in the district from the
store. The $900,000 plus 3 % would be paid by CNHS from the revenue and rent generated from
Winn-Dixie. The eRA could use the title to the land as collateral.
Attached is a memorandum showing a timetable and issues to be resolved including several minor
commitments by the City of Clearwater. These commitments include some work in the right-of-way
to provide a larger sewer main, a bigger turning radius at the intersection, location of three fire
hydrants on the right-of-way and the installation of additional piping to the City's storm water system.
CNHS wishes to apply for a loan for $700,000 from OCS. To be eligible for this grant, CNHS needs
to show that all the monies are available. The loan from the CRA is crucial to the success of the
structure of this financing package.
The CRA at this time cannot commit to the project since the recently adopted downtown development
plan does not include the ability to put a grocery store on those parcels. It will take approximately
four (4) months to amend the plan.
If the City Commission and the CRA are desirous of participating in this venture, there are two actions
that are necessary at this time. The eRA could have a special meeting on Thursday night at 5:30 p.m.
to pass a resolution which states that they intend to change the downtown plan to include a grocery
store at that location and that should the plan change and that if all the financing is in place as
described, the CRA intends to lend money to CNHS for the grocery store construction. The City
could at its regular meeting also pass a resolution of intent that if the financing is in place as outlined
then the City will lend the eRA no more than $900,000 at 6% interest for 20 years for this project.
Legal is prepared to write the resolutions of intent for your consideration on Thursday night.
America's Supermarkete
MAY 2 0 1996
May 10, 1996
Mr. Alan Ferri
Department of Economic Development
P.O. Box 4748
Clearwater, Florida 34618
Re: Cleveland & Myrtle
Clearwater, Florida
Dear Mr. Ferri:
This is to confirm our telephone conversation this date. We have
been working with Ms. Nancy Hansen and Ms. Isay Gulley, of the
Clearwater Neighborhood Housing Services, for about one year now
to try to develop a Winn-Dixie Marketplace store at the above
location. They have also been working with Mr. Lee Arnold and
Mr. Frank Mudano on the project.
At our last meeting, I determined that the project would not fly
using their numbers. The only way I felt it would work would be
if we were to take over the project, build it and then sell the
improvements to the Housing Service then lease back the store.
Our cost of money for construction and other expertise helps us
to lower the total cost.
We currently have site approval from the local Winn-Dixie Real
Estate Executive Committee. In order to receive final
Headquarters Executive Committee approval, we must firm up all
costs. In order to do so, we must negotiate a development
agreement, conduct certain due-diligence searches, i.e.
environmental, geo-technical, title, zoning, utilities, etc.
with this information in hand, we put the project out to bid to
four or five design builders. When the bids are in, I prepare a
proposal to the Winn-Dixie Executive Committee. The President of
Winn-Dixie will then visit the site and either approve or reject
it. Once approved, we prepare leases and begin the design and
permitting process prior to construction. .
I have a pretty good idea of the construction costs, however, the
price of the land is still a mystery. Using my best guess, the
construction project should come in around $3,050,000.00 barring
~ WINN~OIXIE TAMPA 2400 E. HILLSBOAOUGH AVE. P.O. BOX 440 TAMPA, FLORIDA 33601-0440 (813) 236-3700
~ 1'riUI..1Ic,.cW,., \ I
\w2I.214 0\1 er
Mr. Alan Ferri
May 16, 1996
Page Two
some unusual occurrence.
We can afford a rental of $365,000.000 N/N/N based on our sales
projections. We sign a twenty year firm lease with five, five
year renewal options. The store we are contemplating is our G-4
Marketplace store. The basic footprint is 44,000.00, however, it
does have a front vestibule and a rear receiving vestibule. The
total square footage is about 47,000 to 48,000 square feet. Code
will determine the final number.
Our local people feel pretty good about the project and we want
to do all we can to help move it along. We feel that it will be
a benefit to the city if approved. The new G-4 Marketplace store
is very attractive and has all the goods and services you need.
I would ask you to visit our new store at Park Boulevard and
Starkey in Largo. .It is slightly larger than this one but the
presentation is very similar.
Please let me know if I can be of any assistance.
Thank you.
Sincerely,
M. S. Overstreet
Real Estate Manager
Tampa
MSO/lab
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CARILLON CENTER
100 Carilon Paikway
Suite 1 go .
Sl PeterlbcJrg
(813) 573-1123 .
ClEARWATER CAMPUS .
,2465 Drew 51tHI'.
Clearwater
(813) 791.2~OO
DISTRICT OFFICE
8580. 86th Street North
Pinelas Parle '
(813) 341.3600
ST. PETERSBURG JUNIOR COLLEGE
CLEARWATER CAMPUS
(813) 791-2400
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April 19, 1996'
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'Ms. Nancy Hansen
Economic Development Specialist
Clearwater Neighborhood Housing Services, Inc.
608 North Garden Avenue
Clearwater, FL 346 ~ 5
Dear Ms. H~en:
As we have discussed, the 'Career Development/Job 'Center of St. Petersb~g
Junior College (SPJC), Clearwater Campus, is interested in workiJ..lg with
Clearwater Neigbborhood Housing Services, me.' (CNHS) in establishing a
program to develop. qualified applicants for the approximately 250 jobs.
created once the Winn-Dixie M;arketplace store ope.ns in Clearwater. .In~luded
,in this program will be seminars conducted'by'my staff on how ~o prepare for' . -'. .'
an interview, s.elf-presentation, identification of personaUprofessional. . .:. :.,'
.functional skills, and resume preparation. ,The identification of personal and, .
professional strengths.will be perfonned through a battery of tests and a.series
9f one-on-one counseling. . Our fees are minimal for this testmg program- ., .,.
$20.00 for SPJC .students and $30.00 for .non-students. Our fee. for resume.
instruction and preparation will be $10.00 and at the close of instruction each
perSon will have a fin~, ready to print professional resume. . . . ,
HEALTH EDUCATION CENTER
72OO.661h Street North '
Pinelas Pari(
(813) 341.3600
SPJC ALLST ATE.CENTER
3200. 34th Slreet South
SL Petenbuf~ .
(813) 341-4530 '
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ST. PETERSBURGlGIBBS CAMPUS
66OS. 5th Avenue NOfth , ,.
SL Petersbu'g
(813) 341-3800
TARPON SPRiNGS CENTER
600 KIostem"l8n Road
. Palm Harbor
(813) 791-5750
Additionally, .my office will assist you or the' Human Resources D~partffient. .
of Winn-Dixie regarding job advertise~ent via our job bulletin boards and our . .: .
computerized job listings. Upon request, my staff will, be happy to arrange .'. ,. .
. scheduling of applicants for employment interviews.' Should Winn-Dixie '.' .'
require mterview space on campus, we will provide it.
We look forward. to working with you on this project. If you have' any .
questions, please call me~t 791-2508. . . ' .
RAHlbw
o\!eJr
MAILING ADDRESS: Poa1 Ottlce BOl1348lt. SI. Petersburg, FL 33733.348Q
AN EOUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION
Prlnttld on recycled p.per
USES
Land
Construction
Capital
Architect
LO Fee
Appraisal
Interest Reserve
1.500,000
3.067.744
80.000
10.000
109.000
3.500
53.881
4,824.125
Sources & Uses
Gap $
Equity
% Equity
Return on Equity
Return on Equity
Sources
200.000 Gift
700.000 OCS
136.050 NRC
900.000 City of Clearwater
2.888,075 Banks @ 60%
4,824.125
836.050
17.3%
1.4%
11.700
..... . - - ~._"_O______~ -...-- - -"~-- --- O~ -OJ I .
Gross Rent 387,728 387,728 387,728 387,728 387.728 387,728
Tax Payments 102,150 105,214 108,370 111,622 114,970 118,419
Liability Insurance 7,000 7,350 7,718 8,103 8.509 8,934
Common Area Charges 100,000 105.000 110,250 115,763 121,551 127.628
Vacancy I Collection Loss
596,878 605,292 614,066 623,215 632,757 642,709
Property Taxes
Insurance
Common Area Maintenance
Reserve & Replacement
'~$"~~~~~~"7t.a.j,t.f,ti"""~'1l."'~$\-':-iD~6~f'"""'l:if~f -T - .
1]<1'~J...Jo\N;,\I}D~.~...m~~~..~~m.!g~~... . . .
1 02,150
7,000
100,000
26,247
235,396
105,214
7,350
103,000
26,247
241,811
108,370
7,718
106,090
26,247
248,425
111,622
8,103
109,273
26,247
255,245
114,970
8,509
112.551
26,247
262,277
Net Operating Income
361.481 363,481 365,641 367,971 370,481 373,182
Debt Service
First Commercial Lender 289.884 289,884 289.884 289,884 289,884 289,884
City of Clearwater 59,897 59,897 59.897 59.897 59.897 59,897
Total 349,781 349,781 349.781 349,781 349,781 349,781
Net Income 1'1,700 13,700 15,860 18,190 20,700 23,401
Debt Coverage Ratio 103% 104% 105% 105% 106% 107%
o\J~r
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED
608 NORTH GARDEN AVENUE CLEARWATER, FLORIDA 34615
813-442-4155 813-446-4911(fax)
MAJOR ITEMS
1. Storm Water Retention - The amount of land available for a development of this size and
type precludes on-site retention. In order to facilitate development of this property,
CNHS would like the City to consider pennitting the development to tie into the existing
storm water line and have the storm water discharge into the City's current retention area.
According to our architect, the amount of landscaping that is incorporated into the
preliminary site plan s enough to handle the additional flow generated by this proposed
retail center/supermarket.
2. Laura Street Vacation - In order for this development to occur, a section o1fbura Street
from Prospect to North Myrtle win need to be vacated. We are requesting that this
vacation to be accomplished at no cost to CNHS.
3.
Financial Assistance - CNHS is in the process of applying for several grants, specifically a
$700,000 grant from the Department of Health & Human Services, Office of Community
Development. These grants emphasize the need for financial partnerships involving public
entities as well as private sources. CNHS is asking the city of Clearwater for financial
assistance. Our preliminary numbers indicate a need for a loan in the amount of $900,000.
~
,
{
4.
CapitaUmprovement Projects - The capital improvements requested in my letter of April
II, 1996. These improvements include: expansion of water lines to connect to 14tt line
on Cleveland Street, placement of three fire hydrants on right-of-way next to property,
storm sewer modification, upgrade and extension, concrete work to the curb for turning
radius on Cleveland to North Myrtle and closing of existing curb cut on Cleveland Street.
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MINOR ITEMS
I. Sign&i~ - It is possible that CNHS will need a variance to pennit certain signs required by
Wmn-Dixie to be located on the property. These items may be negotiable in the lease.
CNHS will do its best to comply with existing ordinances.
2. . - The sale of beer and wine in Wino-Dixie and in the anticipated
restaurant will require a conditional use. CNHS' discussions with the prelirnimuy Building
Review Board indicated that this would not be a problem.
CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED
608 NORTH GARDEN AVENUE CLEARWATER, FLORIDA 34615
813-442-4155 813-446-49I1(fax)
ITEMS TO BE FINALIZED
1. By April 15, 1996, extend the option to purchase with the property owner for a six month
period.
2. By May 30, 1996, meet with the adjoining property owners concerning possible vacation
of street/alley needed to tie the property together for development.
3. By June 1, 1996, initiate proceedings with the City of Clearwater for vacating Laura
Street and the alley on the property.
4. By June 1, 1996, determine construction method.
5. By June 15, 1996, generate at least 10 grant applications for equity funding (including
OCS grant application and funding through the City of Clearwater).
6. By June 1, 1996, complete discussions with Wmn-Dixie regarding minority and area
residents hiring. Work with area Junior college, Pinellas Industry Council and other
organizations regarding job training.
7. By July I, 1996, select a corporate tax attorney to detail tax benefits and ownership
structure options.
8. By September 1, 1996, full site plans developed for review and approval.
9. By September 15, 1996, obtain a firm lease amount from Wino-Dixie which fits into the
financial requirements of the proposed project.
10. By October 1, 1996 have interim and long-term financing in place for project.
11. By November 1, 1996, start construction.
12. By June 1, 1997 Wino Dixie opens.
13. By July 1, 1997, begin process for constructing the local retail space.
()\lz<
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Project Data
Construction 1,968,518
Gross Lease Area 48.466
Lease Per Square Foot 8.00
,
Total Project Cost 4,800,000 I
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Estimated Assesment @ 80% 3,840,000 i
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Existing Assessment 815,400 1
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Tax Increment 71,182 I
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CRA Loan Repayment 59,897 I
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Net Gain to eRA 11,286 I
I
Milage 0.02503666
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Common Area Charges I
lighting 25,000
Sewer & Water 50,000 I
Maintenance 15,000 I
,
I
Landscaping Repairs 10,000 !
TOTAL 100,000
eAM Per Square Foot 2.06
Taxes Per Square Foot 1.98
Insurance Per Square Foot 0.14
Total Cost Per Square Foot 4.19
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Revenues 2002 J i
1997 1998 1999 2000 2001 :
Gross Rent 387,728 387,728 387,728 387,728 387,728 387,728 I
Tax Payments 96,141 99,025 101,996 105,056 108,207 111 ,454 i
Liability Insurance 7,000 7,350 7,718 8,103 8,509 8,934 I
1
Common Area Charges 100,000 105,000 110,250 115,763 121,551 127,628 ,
l.
Vacancy I Collection Loss I
i
590,869 599,103 607,691 616,649 625,994 635,744 I
I
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Operating Expenses I
Property Taxes 96,141 99,025 101,996 105,056 108,207 111 ,454 I
Insurance 7,000 7,350 7,718 8,103 8,509 8,934
Common Area Maintenance 100,000 103,000 106,090 109,273 112,551 115,927
Reserve & Replacement 26,247 26,247 26,247 26,247 26.247 26,247
229,388 235,622 242,050 248,679 255,514 262,562
Net Operating Income
361,481 363,481 365,641 367,971 370,481 373,182
Debt Service
First Commercial Lender 289,884 289,884 289,884 289,884 289,884 289,884
City of Clearwater 50,701 51,442 52,229 53,064 53,951 54,892
Total 340,586 341,327 342,113 342,949 343,835 344,777
Net Income 20,896 22,155 23,528 25,022 26,646 28,405
Debt Coverage Ratio 106% 106% 107% 107% 108% 108%
O\J-(K
Sources & Uses
Land
Construction
Capital
Architect
LO Fee
Appraisal
Interest Reserve
1,500,000
3,067,744
80,000
10,000
109,000
3,500
53,881
4,824,125
200,000
700,000
136,050
900,000
2,888,075
4,824,125
Gift
OCS
NRC
City of Clearwater
Banks @ 60%
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USES
Sources
Gap $
Equity
% Equity
Return on Equity
Return on Equity
836,050
17.3%
2.5%
20,896
Project Data
Common Area Charges
Lighting 25,000
Sewer & Water 50,000
Maintenance 15,000
Landscaping Repairs 10,000
TOTAL 100,000
CAM Per Square Foot 2.06
r . Taxes Per Square Foot 1.98
Insurance Per Square Foot 0.14
Total Cost Per Square Foot 4.19
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~un-03-96 08:36A
P.02
608 ~cnh Garden Avenue Cle~ater. Ronda 34615
Phone:: (813)442-4155 FAX: 4-+~c)11
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~tW"t\"(1nt1ol ~1"C.U..:.l'""I'
April 11, 1996
Mr. Alan Ferri
Director. Economic Development Department
City of Clearwater
P. O. Box 4748
Clearwater, Florida 34617
Re: Capital Improvements Budget
Dear Alan:
~ we have previously discussed, I am requesting the following items be considered for placement
in the City of Clearwater's 1996-1997 Capital Improvements Budget:
North Greenwood
1. Parking lot on the south end of the North Greenwood Commercial District (CNO).
Your department already has the cost for this lot
North Ft. BnrrisoDINortb Garden Avenu~ortb Myrtle Avenue
1. Two parkinS lots near the established commercial areas. placed appropriately, so
that a business located within the CI zoning area may be expanded, or a new
business opened witbin this areL These funds would only be expended once the
City Conunissionm approve district-wide parking for this area. The costs for
these two lots should be the about the same as the cost for the lots in the CNG
district.
o
ShoPpinl Ceo terlSupermarket
1. Expansion of Water Lines to connect to 14- line on Cleveland Street.
placement ofthrce fire hydrants on edge of property S33.000.00
2.
3.
Stonn Sewer modification.. increase size of'Myrtle Une
Sewer Connection Upgrade & E..rtension to nearest manhole
SI7.000.00
$11,000.00
I talked with Don McCarty of Scott's office this morning about the shopping center. He
indicated that the corner of Cleveland and Myrtle had a very tight turning radius for car turning
off of Cleveland north to Myrtle. He said that Traffic would probably want a wider radius which
would involve !lome concrete work. Also we will be closing the curb cut now is place on
Cleveland. AJso. this gets a little complicated since Cleveland is technically a state road. I .
thought that Clearwater accepted maintenance on it though to get the on-street parking approval.
I.- - -p- -..- ~ .... ~ - .
. .. .
........". ..~"
Jun-03-9S 08:36A
P.03
. . .
Mr. Alan Ferri
April 11, 1996
Paget Two
I have no idea how much any of this will cost. but it is sometlUng to consider for this budgeting
process.
I appreciate the City'3 consideration of these items for inclusion in the budget. If you have any
questions concerning any of these, please feel free to contact me.
Sincerely,
...-"'1...~ ~ .- ~ ~ --
,. -r--- - /"
t,/ Nancy Hansen
Economic Developmeni Specialist
o
.~
o,~e.r
..
'.
AMORTlZA TION SCHEDULE
Clearwater Neighborhood Housing Services
PRINCIPAL $ 900,000 PAYMENTS 240
RATE 6.0% AMOUNT $6,447.88
PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL
DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST
01-Nov-96 1 900,000.00 898,052.12 4,197.88 2,250.00 1,947.88 4,500.00
01-Dee-96 2 898,052.12 896,094.50 4,202.75 2,245.13 1,957.62 4,490.26
01-Jan-97 3 896,094.50 894,127.09 4,207.64 2,240.24 1,967.41 4,480.47
01-Feb-97 4 894,127.09 892,149.85 4,212.56 2,235.32 1,977.24 4,470.64
01-Mar-97 5 892,149.85 890,162.72 4,217.50 2,230.37 1,987.13 4,460.75
01-Apr-97 6 890,162.72 888,165.65 4,222.47 2,225.41 1,997.07 4,450.81
01-May-97 7 888,165.65 886,158.60 4,227.47 2,220.41 2,007.05 4,440.83
01-Jun-97 8 886,158.60 884,141.52 4,232.48 2,215.40 2,017.09 4,430.79
01-Jul-97 9 884.141.52 882,114.34 4,237.53 2,210.35 2,027.17 4.420.71
01-Aug-97 10 882.114.34 880,077 .04 4,242.59 2,205.29 2,037.31 4,410.57
01-Sep-97 11 880,077.04 878,029.54 4,247.69 2,200.19 2,047.49 4,400.39
01-0ct-97 12 878,029.54 875,971.81 4,252.81 2,195.07 2,057.73 4,390.15
01-NoY-97 13 875,971.81 873,903.79 4,257.95 2,189.93 2,068.02 4,379.86
01-Dee-97 14 873,903.79 871.825.43 4,263.12 2,184.76 2,078.36 4,369.52
01-Jan-98 15 871,825.43 869,736.68 4,268.32 2.179.56 2,088.75 4,359.13
01-Feb-98 16 869,736.68 867,637.48 4,273.54 2.174.34 2,099.20 4,348.68
01-Mar-98 17 867,637.48 865.527.79 4,278.79 2,169.09 2,109.69 4,338.19
01-Apr-98 18 865,527.79 863,407.55 4,284.06 2,163.82 2,120.24 4,327.64
01-May-ga 19 863.407.55 861,276.71 4,289.36 2,158.52 2,130.84 4,317.04
01-Jun-ga 20 861,276.71 859,135.21 4,294.69 2.153.19 2,141.50 4,306.38
01-Jul-ga 21 859,135.21 856,983.01 4.300.04 2,147.84 2,152.20 4,295.68
01-Aug-98 22 8..'i6,983.01 854,820.04 4,305.42 2,142.46 2,162.96 4,284.92
01-Sep-98 23 854,820.04 852,646.26 4.310.83 2,137.05 2,173.78 4,274.10
01-0ct-ga 24 852,646.26 850.461.62 4,316.26 2,131.62 2,184.65 4,263.23
01-NoY-98 25 850,461.62 848,266.04 4,321.73 2,126.15 2.195.57 4,252.31
01-Dec-98 26 848,266.04 846,059.49 4,327.21 2,120.67 2,206.55 4,241.33
01-Jan-99 27 846,059.49 843,841.91 4,332.73 2.115.15 2.217.58 4,230.30
01-Feb-99 28 843,841.91 841.613.24 4,338.27 2,109.60 2,228.67 4,219.21
01-Mar-99 29 841,613.24 839,373.43 4,343.85 2,104.03 2,239.81 4,208.07
01-Apr-99 30 839,373.43 837.122.42 4,349.45 2,098.43 2,251.01 4,196.87
01-May-99 31 837,122.42 834,860.15 4,355.07 2,092.81 2,262.27 4,185.61
01-Jun-99 32 834,860.15 832,586.57 4,360.73 2,087.15 2,273.58 4,174.30
01-Jul-99 33 832,586.57 830,301.62 4,366.41 2,081.47 2,284.95 4,162.93
01.Aug-99 34 830,301.62 828,005.25 4,372.13 2,075.75 2,296.37 4,151.51
01-Sep-99 35 828,005.25 825,697.40 4,377.87 2,070.01 2.307.85 4,140.03
01-0ct-99 36' 825,697.40 823,378.01 4,383.64 2,064.24 2,319.39 4,128.49
01-Nov-99 37 823,378.01 821,047.02 4,389.43 2.058.45 2,330.99 4.116.89
01-Dec-99 38 821,047.02 818,704.37 4,395.26 2,052.62 2,342.64 4.105.24
01-Jan-oD 39 818,704.37 816,350.01 4,401.12 2,046.76 2,354.36 4,093.52
01-Feb-OO 40 816,350.01 813,983.89 4.407.00 2,040.88 2,366.13 4,081.75
01-Mar-oD 41 813,983.89 811,605.93 4,412.92 2.034.96 2.377.96 4,069.92
01-Apr-oD 42 811,605.93 809,216.08 4,418.86 2.029.01 2,389.85 4,058.03
01-May-OO 43 809,216.08 806,814.28 4,424.84 2,023.04 2,401.80 4,046.08
01-Jun-oD 44 806,814.28 804,400.47 4,430.84 2,017.04 2,413.81 4.034.07
01-Jul-QO 45 804,400.47 801,974.59 4,436.88 2,011.00. 2,425.88 4,022.00
01-Aug-OO 46 801,974.59 799.536.58 4,442.94 2,004.94 2,438.01 4,009.87
01-Sep-OO 47 799,536.58 797,086.39 4.449.04 1,998.84 2,450.20 3,997.68
01-0ct-oD 48 797.086.39 794,623.94 4,455.16 1,992.72 2.462.45 3,985.43
01-Nov-OO 49 794,623.94 792,149.18 4.461.32 1,986.56 2,474.76 3,973.12
CNHS Winn-Dixie Amortization
Page 1
AMORTlZA TlON SCHEDULE
Clearwater Neighborhood Housing Services
PRINCIPAL $ 900,000 PAYMENTS 240
RATE 6.0% AMOUNT $6.447.88
PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOT AL
DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST
01-Dec-OO 50 792.149.18 789,662.05 4,467.51 1,980.37 2,487.13 3.960.75
01-Jan-01 51 789.662.05 787,162.48 4,473.72 1,974.16 2,499.57 3,948.31
01-Feb-01 52 787,162.48 784,650.41 4.479.97 1.967.91 2,512.07 3,935.81
01-Mar-01 53 784.650.41 782,125.78 4,486.25 1,961.63 2,524.63 3,923.25
01-Apr-01 54 782,125.78 779,588.53 4,492.57 1.955.31 2.537.25 3,910.63
01 -May-01 55 779,588.53 777,038.60 4,498.91 1,948.97 2,549.94 3,897.94
01-Jun-01 56 m.038.60 774,475.91 4,505.28 1.942.60 2,562.69 3,885.19
01-Jul-01 57 774,475.91 771,900.41 4,511.69 1,936.19 2,575.50 3.872.38
01-Aug-01 58 771,900.41 769,312.03 4,518.13 1,929.75 2,588.38 3,859.50
01-Sep-01 59 769,312.03 766,710.71 4,524.60 1.923.28 2,601.32 3,846.56
01-0ct-01 60 766,710.71 764.096.39 4,531.10 1,916.78 2,614.33 3,833.55
01-Nov-01 61 764,096.39 761,468.99 4,537.64 1,910.24 2,627.40 3,820.48
01-Dec-01 62 761,468.99 758,828.45 4,544.21 1,903.67 2,640.53 3,807.34
01-Jan-02 63 758,828.45 756,174.72 4,550.81 1.897.07 2,653.74 3,794.14
01-Feb-02 64 756,174.72 753,507.71 4,557.44 1.890.44 2,667.01 3,780.87
01-Mar-02 65 753,507.71 750,827.37 4,564.11 ',883.77 2,680.34 3,767.54
01-Apr-02 66 750,827.37 748.133.63 4,570.81 1.877.07 2,693.74 3,754.14
01.May-02 67 748,133.63 745,426.42 4,577.55 1,870.33 2,707.21 3,740.67
01-Jun-02 68 745,426.42 742,705.67 4,584.31 1,863.57 2,720.75 3,727.13
01-JuJ-02 69 742,705.67 739.971.32 4,591.12 1 ,856.76 2,734.35 3,713.53
01-Aug-02 70 739,971.32 737,223.29 4,597.95 1,849.93 2,748.02 3,699.86
01-Sep-02 71 737,223.29 734,461.53 4,604.82 1,843.06 2,761.76 3,686.12
01-Oct-02 72 734,461.53 731,685.96 4,611.73 1,836.15 2,775.57 3,672.31
01-Nov-02 73 731,685.96 728,896.51 4,618.66 1,829.21 2,789.45 3,658.43
01-Dec-02 74 728,896.51 726,093.11 4,625.64 1 ,822.24 2,803.40 3,644.48
01-Jan-03 75 726,093.11 723,275.70 4,632.65 1,815.23 2,817.41 3,630.47
01-Feb-03 76 723,275.70 720,444.20 4,639.69 1,808.19 2,831.50 3,616.38
01-Mar-03 77 720,444.20 717,598.54 4,646.77 1 ,801.11 2,845.66 3,602.22
01-Apr-03 78 717,598.54 714,738.65 4,653.88 1,794.00 2,859.89 3,587.99
01-May-03 79 714,738.65 711,864.47 4,661.03 1,786.85 2,874.19 3,573.69
01-Jun-03 60 711,864.47 708,975.91 4,668.22 1,779.66 2,888.56 3,559.32
01-Jul-03 61 706,975.91 706,072.91 4,675.44 1,772.44 2,903.00 3,544.88
01-Aug-03 82 706,072.91 703,155.39 4,682.70 1,765.18 2,917.51 3,530.36
01-Sep-03 63 703,155.39 700,223.29 4,689.99 1,757.89 2,932.10 3,515.78
01-Oct-03 84 700,223.29 697.276.53 4,697.32 1,750.56 2,946.76 3,501.12
01-Nov-03 85 697,276.53 694,315.03 4,704.69 1 ,743.19 2,961.50 3,486.38
01-0ec-03 86 694,315.03 691,338.73 4,7l2.09 1,735.79 2,976.30 3,471.58
01-Jan-04 67 691,338.73 688,347.54 4,719.53 1 ,728.35 2,991.19 3,456.69
01-Feb-04 88 688,347.54 685.341.40 4,727.01 1,720.87 3,006.14 3,441.74
01-Mar-Q4 89 685,341.40 682,320.23 4,734.53 1,713.35 3,021.17 3,426.71
01-Apr-04 90 682,320.23 679.283.95 4,742.08 1 ,705.80 3,036.28 3.411.60
01-May-04 91 679,283.95 676,232.49 4,749.67 1 ,698.21 3,051.46 3,396.42
01-Jun-04 92 676,232.49 673,165.77 4,757.30 1,690.58 3,066.72 3,381.16
01-Jul..Q4 93 673,165.71 670,083.72 4,764.97 1,682.91 3,082.05 3,365.63
01-Aug-04 94 670,083.72 666,986.26 4,772.67 1,675.21 3,097.46 3,350.42
01-Sep-04 95 666,986.26 663,873.31 4,780.41 1.667.47 3.112.95 3,334.93
01-0ct-04 96 663,873.31 660,744.80 4,788.20 1,659.68 3,128.51 3,319.37
01-Nov-Q4 97 660.744.60 657,600.64 4,796.02 1,651.86 3,144.16 3,303.72
01-Dec..Q4 98 657,600.64 654,440.77 4,803.88 1,644.00 3,159.88 3,288.00 c,\!f.K
CNHS Winn-Dixie Amortization Page 2
"_.. _ __ -...-____ _' ~_.., ~- r . - - . '.
AMORTIZATION SCHEDULE
ClealW3ler Neighborhood Housing Services
PRINCIPAL $ 900,000 PAYMENTS 240
RATE 6.0% AMOUNT $6,447.88
PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL
DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST
01-Mar-13 197 254,099.53 248,922.15 5,812.63 635.25 5,177.38 1 ,270.50
01-Apr-13 198 248,922.15 243,718.88 5,825.57 622.31 5,203.27 1 ,244.61
01-May-13 199 243,718.68 238,489.60 5,838.58 609.30 5,229.29 1 ,218.59
01-Jun-13 200 238,489.60 233,234.17 5,851.66 596.22 5,255.43 1,192.45
01-Jul.13 201 233,234.17 227.952.46 5.864.79 583.09 5,281.71 1,166.17
01-Aug-13 202 227,952.46 222.644.34 5,878.00 569.88 5,308.12 1,139.76
01-Sep-13 203 222,644.34 217,309.68 5,891.27 558.61 5,334.66 1 ,113.22
01-0ct-13 204 217.309.68 211,948.35 5,904.61 543.27 5,361.33 1 ,086.55
01-Nov-13 205 211,948.35 206,560.21 5,918.01 529.87 5,388.14 1,059.74
01-Dec-13 206 206,560.21 201,145.14 5,931.48 516.40 5,415.08 1 ,032.80
01-Jan-14 207 201.145.14 195,702.98 5,945.02 502.86 5,442.15 1 ,005.13
01-Feb-14 208 195,702.98 190,233.62 5,958.62 489.26 5,469.36 978.51
01.Mar-14 209 190,233.62 184,736.91 5,972.30 475.58 5,496.71 951.17
01-Apr-14 210 184,736.91 179,212.71 5,986.04 461.84 5,524.19 923.68
01-May-14 211 179,212.71 173,660.90 5,999.85 448.03 5.551.82 896.06
01-Jun-14 212 173,660.90 168,081.32 6,013.73 434.15 5,579.58 868.30
01-Jul-14 213 168.081.32 162,473.85 6,027.68 420.20 5,607.47 840.41
01-Aug-14 214 162,473.85 156,838.34 6.041 .69 406.18 5,635.51 812.37
01-Sep-14 215 156,838.34 151,174.65 6,055.78 392.10 5,663.69 784.19
01-0ct-14 216 151,174.65 145,482.64 6,069.94 377.94 5,692.01 755.87
01-Nov-14 217 145,482.64 139,762.18 6,084.17 363.71 5,720.47 721.41
01-0ec-14 218 139,762.18 134,013.11 6,098.47 349.41 5,749.07 698.81
01.Jan-15 219 134,013.11 128.235.29 6,112.85 335.03 5,777.81 670.07
01-Feb-15 220 128,235.29 122,428.59 6,127.29 320.59 5,806.70 641.18
01-Mar-15 221 122,428.59 116,592.85 6,141.81 306.07 5,835.74 612.14
01-Apr-15 222 116,592.85 110,727.94 6,156.40 291.48 5,864.92 582.96
01-May-15 223 110,727.94 104,833.70 6,171.06 276.82 5,894.24 553.64
01-Jun-15 224 104,833.70 98,909.99 6,185.80 262.08 5,923.71 524.11
01-Jul-15 225 98,909.99 92,956.66 6,200.60 247.27 5,953.33 494.55
01-Aug-15 226 92,956.66 86,973.56 6,215.49 232.39 5,983.10 464.78
01-Sep-15 227 86,973.56 80,960.55 6,230.45 217.43 6.013.01 434.87
01-0ct.15 228 80,960.55 74,917.47 6,245.48 202.40 6,043.08 404.80
01-Nov-15 229 74,917.47 68,844.18 6,260.59 187.29 6,073.29 374.59
01-Dec-15 230 68,844.18 62,740.52 6,275.77 172.11 6,103.66 344.22
01..1an-16 231 62,740.52 56,606.35 6,291.03 156.85 6,134.18 313.10
01-Feb-16 232 56,606.35 50,441.50 6,306.36 141.52 6.164.85 283.03
01-Mar-16 233 50,441.50 44,245.83 6,321.78 126.10 6.195.67 252.21
01-Apr-16 234 44,245.83 38,019.18 6,337.26 110.61 6,226.65 221.23
01-May-16 235 38.019.18 31,761.39 6,352.83 95.05 6,257.78 190.10
01-Jun-16 235 31,761.39 25.472.32 6,368.48 79.40 6.289.07 158.81
01-Jul-16 237 25,472.32 19,151.80 6,384.20 63.68 6,320.52 121.36
01-Aug-16 238 19,151.80 12,799.68 6,400.00 47.88 6,352.12 95.76
01-Sep-16 239 12.799.68 6.415.80 6,415.88 32.00 6,383.88 64.00
01-0ct-16 240 6,415.80 (0.00) 6,431.84 16.04 6,415.80 32.08
TOTALS $ 1,223.745.54 $ 323,745.54 $ 900,000.00 $ 647,491.09
CNHS Wino-Dixie Amortization
Page 5
AMORTIZATION SCHEDULE
Clearwater Neighborhood Housing Services
PRINCIPAL S 900,000 PAYMENTS 240
RATE 6.0% AMOUNT $6,447.88
PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL
DATE NUMBER BALANCE BALANCE by CNHS by CRA PRINCIPAL INTEREST
01-Feb-09 148 478,608.93 474,554.10 5,251.36 1,196.52 4,054.83 2,393.04
01-Mar.Q9 149 474,554.10 470,478.99 5,261.49 1,186.39 4.075.11 2,372. n
01-Apr.09 150 470,478.99 466,383.51 5,271.68 1,176.20 4,095.48 2,352.39
01-May.Q9 151 466,383.51 462,267.54 5,281.92 1,165.96 4,115.96 2,331.92
01-Jun.Q9 152 462,267.54 458,131.00 5,292.21 1,155.67 4,136.54 2,311.34
01-Jul.09 153 458,131.00 453,973.78 5,302.55 1,145.33 4,157.22 2,290.66
01-Aug.Q9 154 453,973.78 449,795.n 5.312.95 1,134.93 4,178.01 2,269.87
01-Sep.Q9 155 449,795.77 445,596.87 5,323.39 1,124.49 4,198.90 2,248.98
01-0ct.Q9 156 445,596.87 441,376.97 5,333.89 1,113.99 4,219.90 2,227.98
01-Nov.Q9 157 441,376.97 437,135.98 5,344.44 1,103.44 4,240.99 2,206.88
01-Dee.Q9 158 437,135.98 432,873.78 5,355.04 1,092.84 4,262.20 2,185.68
01-Jan.10 159 432,873.78 428,590.27 5,365.70 1,082.18 4,283.51 2,164.37
01-Feb-10 160 428,590.27 424,285.34 5,376.40 1,071.48 4,304.93 2,142.95
01-Mar.10 161 424,285.34 419,958.88 5.387.17 1,060.71 4,326.45 2,121.43
01-Apr.1 0 162 419,958.88 415,610.80 5,397.98 1,049.90 4,348.09 2,099.79
01-May-10 163 415.610.80 411.240.97 5.408.85 1,039.03 4,369.83 2,078.05
01-Jun.10 164 411,240.97 406,849.30 5.419.78 1,028.10 4,391 .67 2,056.20
01-Jul.10 165 400,849.30 402,435.67 5,430.76 1,017.12 4,413.63 2,034.25
01-Aug-10 166 402,435.67 397,999.97 5,441.79 1.006.09 4,435.70 2,012.18
01-Sep.10 167 397,999.97 393,542.09 5,452.88 995.00 4,457.88 1,990.00
01-0ct.10 168 393,542.09 389,061.92 5,464.02 983.86 4,480.17 1,967.71
01-Nov.10 169 389,061.92 384,559.35 5,475.22 972.65 4,502.57 1.945.31
01-Dee.10 170 384,559.35 380,034.26 5.486.48 961.40 4.525.08 1.922.80
01-Jan-11 171 380,034.26 375,486.56 5,497.79 950.09 4,547.71 1,900.17
01-Feb-11 172 375,486.56 370,916.11 5.509.16 938.72 4,570.45 1.8n.43
01-Mar-11 173 370,916.11 366,322.81 5,520.59 927.29 4,593.30 1,854.58
01-Apr-11 174 366.322.81 361,706.54 5.532.07 915.81 4,616.27 1,831.61
01-May-11 175 361,706.54 357,067.20 5,543.61 904.27 4,639.35 1 ,808.53
01-Jun-11 176 357,067.20 352,404.65 5,555.21 892.67 4,662.54 1,785.34
01-JuI-11 1n 352.404.65 347,718.80 5.566.87 881.01 4,685.86 1,762.02
01-Aug-11 178 347,718.80 343,009.51 5,578.58 869.30 4,709.29 1,738.59
01-Sep.11 179 343,009.51 338,276.68 5.590.36 857.52 4,732.83 1,715.05
01-0ct-11 180 338,276.68 333,520.18 5,602.19 845.69 4,756.50 1,691.38
01-Nov-11 181 333,520.18 328,739.91 5,614.08 833.80 4.780.28 1,667.60
01.0ec.11 182 328,739.91 323,935.73 5,626.03 821 .85 4,804.18 1,643.70
01-Jan-12 183 323,935.73 319,107.52 5.638.04 809.84 4,828.20 1 ,619.68
01-Feb-12 184 319.107.52 314,255.18 5,650.11 797.77 4,852.34 1,595.54
01-Mar-12 185 314,255.18 309,378.58 5,662.24 785.64 4,876.60 1,571.28
01-Apr-12 186 309,378.58 304,477.59 5,674.43 n3.45 4,900.99 1 ,546.89
01-May-12 187 304,477.59 299,552.10 5.686.69 761.19 4,925.49 1,522.39
01.Jun-12 188 299,552.10 294,601.98 5,699.00 748.88 4,950.12 1,497.76
01-Jul-12 189 294,601.98 289,627.11 5,711.37 736.50 4,974.87 1,473.01
01.Aug-12 190 289,627.11 284,627.37 5.723.81 724.07 4,999.74 1,448.14
01.Sep-12 191 284,627.37 279,602.63 5,736.31 711 .57 5,024.74 1,423.14
01-0ct-12 192 279,602.63 274,552.76 5,748.87 699.01 5,049.87 1,398.01
01.Nov-12 193 274.552.76 269,477.64 5,761.50 686.38 5,075.12 1,372.76
01.Dec-12 194 269,477.64 264,377.15 5,774.19 673.69 5,100.49 1 ,347.39
01.Jan-13 195 264,377.15 259,251.16 5,786.94 660.94 5,125.99 1,321.89
01.Feb-13 196 259,251.16 254,099.53 5,799.75 648 .13 5,151.62 1,296.26
CNHS Winn-Dixie Amortization
G~ e_.~ Page 4
AMORTlZA nON SCHECULE
Clearwater Neighborhood Housing Services
PRINCIPAL $ 900,000 PAYMENTS 240
RATE 6.0% AMOUNT $6,447.88
PAYMENT BEGINING ENDING AMOUNT PAID AMOUNT PAID TOTAL TOTAL
DATE NUMBER BALANCe BALANCE by CNHS by CRA PRINCIPAL INTEREST
01-Jan-05 99 654,440.n 651,265.09 4,811.78 1,636.10 3,175.68 3,272.20
01-Feb-05 100 651,265.09 648,073.54 4,819.72 1,628.16 3,191.55 3,256.33
01.Mar-05 101 648,073.54 644,866.02 4,827.70 1,620.18 3,207.51 3,240.37
01.Apr-05 102 644,866.02 641,642.48 4,835.71 1,612.17 3,223.55 3,224.33
01.May-05 103 641,642.48 638.402.81 4,843.n 1,604.11 3,239.67 3,208.21
01.Jun-05 104 638,402.81 635,146.94 4,851.87 1,596.01 3,255.87 3,192.01
01-Jul-05 105 635,146.94 631,874.80 4,860.01 1,587.87 3,272.14 3,175.73
01.Aug-05 106 631,874.80 628,586.29 4,868.19 1,579.69 3,288.51 3,159.37
01.Sep-05 107 628,586.29 625.281.34 4,876.41 1,571.47 3,304.95 3,142.93
01.Qct-05 108 625,281.34 621,959.87 4,884.68 1,563.20 3,321.47 3,126.41
01-Nov-05 109 621 ,959.87 618.621.79 4,892.98 1,554.90 3,338.08 3,109.80
01.Dec-05 110 618,621.79 615,267.02 4,901.33 1,546.55 3,354. n 3,093.11
01.Jan-06 111 615,267.02 611,895.48 4,909.71 1,538.17 3,371.54 3,076.34
01.Feb-06 112 611 ,895.48 608,507.07 4,918.14 1,529.74 3,388.40 3,059.48
01.Mar-06 113 608,507.07 605,101.73 4,926.61 1,521.27 3,405.34 3,042.54
01-Apr-06 114 605,101.73 601,679.36 4,935.13 1,512.75 3,422.37 3,025.51
01-May..()6 115 601 ,679.36 598.239.88 4,943.68 1 ,504.20 3,439.48 3,008.40
01.Jun-06 116 598,239.88 594,783.20 4,952.28 1,495.60 3,456.68 2,991.20
01-Jul-06 117 594,783.20 591.309.23 4,960.92 1,486.96 3,473.96 2,973.92
01-Aug-06 118 591 .309.23 587,817.90 4,969.61 1,478.27 3,491.33 2,956.55
01-Sep-06 119 587,817.90 584,309.11 4,978.33 1,469.54 3,508.79 2,939.09
01-0ct-06 120 584,309.11 580,782.78 4,987.11 1,460.n 3,526.33 2,921.55
01-Nov-06 121 580,782.78 5n ,238.81 4,995.92 1,451.96 3,543.97 2.903.91
01.Dec-06 122 577.238.81 513,6n.12 5,004.78 1,443.10 3,561.69 2,886.19
01.Jan-07 123 573,6n.12 570,097.63 5,013.69 1,434.19 3,579.49 2,868.39
01-Feb-07 124 570.097.63 566.500.24 5,022.64 1,425.24 3,597.39 2,850.49
01-Mar-Q7 125 566,500.24 562,884.86 5,031.63 1,416.25 3,615.38 2,832.50
01-Apr-D7 126 562,884.86 559,251.41 5,040.67 1,407.21 3,633.46 2,814.42
01-May-a7 127 559.251.41 555,599.78 5,049.75 1,398.13 3,651.62 2,796.26
01-Jun-D7 128 555,599.78 551,929.90 5,058.88 1,389.00 3.669.88 2,778.00
01-Ju1..Q7 129 551,929.90 548.241.67 5,068.05 1,379.82 3,688.23 2,759.65
01-Aug-D7 130 548,241.67 544.535.00 5,077 .28 1,370.60 3,706.67 2,741.21
01-Sep-07 131 544,535.00 540,809.80 5,086.54 1,361.34 3,725.20 2,722.68
01-0ct-D7 132 540,809.80 537,065.97 5,095.86 1,352.02 3,743.83 2,704.05
01.Nov-D7 133 537,065.97 533,303.42 5,105.21 1,342.66 3,762.55 2,685.33
01-Dec-D7 134 533,303.42 529,522.05 5,114.62 1.333.26 3,781.36 2,666.52
01-Jan-08 135 529,522.05 525,721.78 5,124.07 1,323.81 3,800.27 2,647.61
01-Feb-OS 136 525,721.78 521,902.51 5,133.58 1,314.30 3,819.27 2,628.61
01-Mar-08 137 521,902.51 518,064.15 5,143.12 1,304.76 3,838.37 2,609.51
01.Apr-08 138 518,064.15 514,206.59 5,152.72 1,295.16 3,857.56 2,590.32
01-May-DS 139 514,206.59 510,329.74 5,162.36 1,285.52 3,876.85 2,571.03
01-Jun-08 140 510,329.74 506,433.51 5,172.06 1 ,275.82 3,896.23 2,551.65
01-Jul-oB 141 506,433.51 502,511.80 5,181.80 1,266.08 3,915.71 2,532.17
01-Aug-08 142 502,517.80 498,582.51 5,191.59 1,256.29 3,935.29 2.512.59
01-Sep-08 143 498,582.51 494,627.54 5,201.42 1,246.46 3,954.97 2.492.91
01-0ct-08 144 494,627.54 490,652.80 5,211.31 1,236.57 3,974.74 2,473.14
01-Nov-D8 145 490,652.80 486,658.18 5,221.25 1,226.63 3,994.62 2,453.26
01-0ec-oB 146 486.658.18 482,643.60 5,231.23 1,216.65 4,014.59 2.433.29
01.Jan-09 147 482,643.60 478.608.93 5,241.27 1,206.61 4,034.66 2,413.22
CNHS Wino-Dixie Amortization
Page 3
("e:. 5' j c .
The Clearwater Neighborhood Housing Services, a non profit
organization, has been working with Wlnn- Dixie for the last year to
relocate a nearby store which Is closing to a location In downtown
Clearwater. The current store has 80 employees and the new store will
retain the 80 employees and hire approximately 60 additional employees.
An agreement with the St. Petersburg Jr. College will insure that recruits
will have traInlng avallable and w1ll enable CNHS to target low to
moderate income persons for these jobs. See attached Letter from
WlnnDlxie addressed to Alan Ferri.
Winn Dixie plans to take over the project, build It then sell the
improvement to CNHS. The entire project wIll cost approximately
$4,824,125. Of the total amount a consortium of banks w1lllend
$2,888,075, CNHS will raise $1.035,050 through gifts and grants. ThIs
will leave a shortfall of $900,000. SEE Sources and Uses attachment
and A Listing of Revenues and Expenses attachment.
CNHS Is asking the CRA to lend the project this money at a 3% interest
rate over 20 years. The CRA could borrow the $900,000 from the City of
Clearwater at the current cash pool rate of 6% and pay down the interest
with the tax Increment generated by the Improvements In the district
from the store. The $900,000 plus 3016 would be paid by CNHS from the
revenue and rent generated from Wlnn-Dixle. The CRA could use the
title to the land as collateral.
Attached Is a memorandum showing a time table and Issues to be
resolved including several minor commitments by the City of Clearwater.
these commitments include some work In the right of way to provide a
larger sewer main, a bigger turning radius at the intersection. location of
three fire hydrants on the light of way and the installation of additional
piping to the City's stonn water system.
CNHS wishes to apply for a loan for $700.000 from OCS. To be eUgtble
for this grant CNHS needs to show that all the monies are available. The
loan from the CRA is crucial to the success of the stntcture of this
financing package.
The CRA at this time cannot commit to the project since the plan does
not Include the abl1lty to put a grocery store on those parcels. It will take
approximately four months to amend the plan.
If the City Commission and the CRA are desirous of participating in this
venture there are two actions that are necessary at this time. The eRA
could have a special meeting on Thursday night at 5:30 p.m. to pass a
resolution which states that they Intend to change the downtown plan to
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Include a grocery store at that locatlon and that should the plan change
and that If all the financing and is in place as described the CRA intends
to lend money to CNHS for the grocery store construction. The City
could at their regular meeting also pass a resolution of Intent that if the
financing is In place as outlined then the City w1ll1end the eRA no more
than $900,000 at 60/0 interest for 20 years for this project. Legalis
prepared to write the resolutions of Intent for your consideration on
Thursday night.
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PRELIMINARY AGENDA
following closed attorney/client session which begins at 9:00 a.m.
Clearwater City Commission Worksession - Monday, June 3, 1996
Clearwater City Commission Meeting - 6:00 P.M. - Thursday, June 6, 1996
Service Awards
Convene as Pension Trustees
Reconvene as Commission
PRESENTATIONS
1 . Silver Image Kiosk Demonstration - 10:00 a.m.
2. Legislative Report - Jim Massie
3. Award to winner of Future Focus 2005
FN FINANCE
1 . Approve request for authority to settle liability claim of Spottis Woode Homeowners Association,
Inc., for damages to a brick wall that was damaged when struck by a City solid waste vehicle,
for $27,859 (Consent)
2. Res. #96-29 - releasing liens on Sand Key properties that have prepaid the Power Line Burial
Special Assessment in full, at a cost not to exceed $2,500
3. Res. #96-44 - providing for public sale of not to exceed $9,750,000 Gas System Revenue Bonds,
Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 19968
GAS GAS SYSTEM
1. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, in order to secure a
natural gas easement across CSXT's r-o-w in Safety Harbor, FL, for $1,225 (Consent)
LIB LIBRARY
1. (Cant. from 5/16/96) Hire 2 full-time police service technicians to provide guard service for the
Main Library & surrounding Coachman Park area for 70 hours per week, to be effective 8/15/96,
when contract with National Building Maintenance, Inc. expires
MR MARINE
1. Seventh Amendment to Clearwater Ferry Service, Inc. License & Agreement to amend the
minimum routing schedule to have operation of ferry service on an as-need and on-call basis
( Consent)
2. First Reading Ord. #6048-96 - relating to sale of petroleum products; amending Sec. 33.031 to
identify locations for sale of petroleum products at Clearwater Marina; allowing only fully
qualified vendor, approved by City Manager and under an annual fuel contract with the City, to
provide petroleum products sold at Clearwater Marina
PD POLICE
1. Purchase of city-wide dictation system from Dictaphone Corp., for $33,158.30; authorize
transfer of $33,158.30 from Police Department Debt Services Code to Police Department Capital
Machinery and Equipment Code (Consent)
6/3/96
1
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2. Contract Renewal with Martin's Uniforms, Tampa, FL, for purchase of Police Dept. uniforms &
related equipment, for the period -//18/96-7/17/97, at an amount not to exceed $85,000
(Consent)
3. Contract amendment with PSI International, Inc., Fairfax, V A, for purchase of 66 additional
Fujitsu laptop personal computers & related components for $297,726; and Contract to Dell
Computer Corporation for 30 Dell desktop personal computers & related components, for
$75,111, plus annual maintenance of $31,848 to begin 1 year following acceptance, for a total
of $404,685
PW PUBLIC WORKS
1. Contract for private street sweeping services to Sweeping Corporation of America, Nashville, TN,
for the period 10/1/96-9/30/99, subject to annual fund availability, for a total of $383,940
EN ENGINEERING
1. Second Amendment to Lease Agreement dated 12/2/94 with the Times Publishing Company,
amending lease premises to include additional lands in Blk B, Magnolia Park Sub., requiring
protective fencing for a storage building, but no additional monthly rent; and extending lease term
3 months through 3/31/97, with all other lease provisions unchanged (Consent)
2. C.O.#3 to 1996 Underdrain Contract to Keystone Excavators, Inc., Oldsmar, FL, re Chestnut
Street & Garden Avenue Storm Improvements, increasing the amount by $138,975.09 for a new
total of $759,625.97 and extending the contract time by 40 days
3. Approve ranking & award contract for consultant services to Tampa Bay Engineering, Inc.,
Clearwater, FL, for design of watershed rehabilitation project at Hercules Avenue & Allen's
Creek, for $200,000
4. Revise Sec. 30.041 & 30.043 to allow for two motorcycles to park per single designated parking
space
CP CENTRAL PERMITTING
1. (Cont. from 3/21, 4/18 & 5/2/96) Public Hearing & First Reading Ords. #5989-96 & #5990-96 -
Land Use Plan Amendment to Commercial General & CG Zoning for property located at 401 S.
Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gerry Staring I Natalie Moyles, Trustee, LUP96-01,
Z96-02)
2. Public Hearing & First Reading: Ord. #5962-96 ~ LDCA amending Div. 26 of Ch. 40, to provide
for revised development standards in the Urban Center District & Ord. #5964-96 - Zoning
Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01)
3. Second Reading Ord. #6029-96 - RPD-16 Zoning for property located approx. 700' North of Gulf
to Bay Blvd. & 350' East of Cambridge Dr., Storz Ophthalmic, Inc., Park Place DRI, lot 2 (less
portion zoned Preservation) & Lot 3; approve Final Site Plan for the Grand Reserve subject to
conditions (Storz Ophthalmics, Inc., Z96-03)
4. Public Hearing & First Reading Ords. #6032-96 & #6033-96 - Land Use Plan Amendment to
Institutional & P/SP Zoning for property located approx. 330' east of Greenwood Ave., Georgas
Sub., Lots 5-10, Sec. 22-29-15, M&B 21.05 (School Board of Pinellas County I Fusco
Management Corp. / Property Capital Trust, lUP96-03, Z96-05)
5. Public Hearing & First Reading Ords. #6034-96 & #6035-96 - Land Use Plan Amendment to
Institutional & P/SP Zoning for property located at 1142 Lakeview Dr., Sec. 22-29-15, M&B
21.10 (School Board of Pinellas County / Pinellas Board of Public Institution, LUP96-02, Z96~04)
6. Variance(s) to Sign Regulations for property located at 1295 S. Missouri Ave., F .E. Hanousek's
Sub., part of Lots 11 & 12 (Albertson's Inc., SV96-09)
6/3/96
2
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7. Public Hearing & First Reading Ords. #6036-96 & #6037-96 - Annexation & RS-8 Zoning for
property located at 2275 Manor Blvd. N., Clearwater Manor, Lot 85 (McClure, A96-20)
8. Public Hearing & First Reading Ords. #6040-96 & #6041-96 - Annexation & RS-8 Zoning for
property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz, A96-18)
9. Public Hearing & First Reading Ords. #6042-96 & #6043-96 - Annexation & RS-8 Zoning for
property located at 1517 W. Virginia lane, Virginia Groves Estates 1 st Addition, Blk 10, lot 2
(Wyllie, Jr. / Knox-Bronson, A96-17)
10. Receipt/Referral - lDCA relating to density and the requirements for calculations resulting in a
fraction (LDCA96-14) (Consent)
11. Receipt/Referral - LDCA allowing car rental uses as a conditional use in the Beach Commercial &
Resort Commercial 28 Districts; identifying standards for approval of car rental uses in those
zones, specifying that conditional use applications for outdoor displays must be compatible in
scale & appearance with surrounding uses to be approved, and deleting requirement for a
minimum lot size of 30,000 sq.ft. for outdoor retail sales, displays and/or storage uses in Infill
Commerical Districts (lDCA96-13) (Consent)
1 2. Staff report on local efforts to implement the Education Facilities Act; request direction re desired
public hearing option
CM ADMINISTRATION
1. (Cont. from 5/16/96) Public Hearing & First Reading Ord. #6046-96 - Granting to GTE Media
Ventures Inc. the permission to occupy municipal streets and rights-of-way in the City of
Clearwater as a means of providing cable television services; prescribing the terms and
conditions accompanying the grant of franchise; and prescribing penalties for the violation of its
provisions; providing for severability of provisions
2. Harvorview Center
ClK CITY CLERK
1. Beautification Committee - 2 appointments
2. Community Relations Board - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6013-96 - amending Sec. 35.11, to revise definition for variance (LDCA96-04)
2. Ord. #6023-96 - approving new gas utility rates to become effective for all billings rendered on or
after 10/1/96, and incorporating subsequent changes to become effective for billings rendered on
or after 10/1/97
3. Ord. #6024-96 - Annexation for property located at 1500 Stevenson Dr., Stevenson's Heights
Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15)
4. Ord. #6025-96 - CG Zoning for property located at 1500 Stevenson Dr., Stevenson's Heights
Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15)
5. Ord. #6026-96 - Annexation for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B
31 .03 (Burke, Trustee, A96-16)
6. Ord. #6027-96 - RM-8 Zoning for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B
31 .03 (Burke, Trustee, A96-16)
7. Ord. #6030-96 - providing authority to issue bonds to refund the outstanding Gas System
Revenue Bonds, Series 1991
8. Ord. #6031-96 - Amending Sec. 2.323 to change composition of Parks and Recreation Board
from 9 to 7 members
6/3/96
3
9. Ord. #6047-96 - Amending Sec. 2.700 re lobbyist ordinance to delete department directors from
definition of staff
Resolutions
1. Res. #96-41 - Assessing property owners the costs of having mowed or cleared owners' lots
2. Res. #96-43 - Demolition Lien - 705 Pennsylvania Ave., Pine Crest Sub., Blk 7, Lot 9 (Obadiah
and Lillie Mae James)
"
Agreements, Deeds and Easements
1. Sanitary sewer lien agreement - 2275 N. Manor Blvd., Clearwater Manor Sub., Lot 85 (McClure)
2. Drainage installation and maintenance easement - 14 S. Arcturas Ave., Skycrest Sub., Unit 6, Blk
A, Lot 4 (Wesley and Louise Pope)
3. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd.,
tract of land lying in Sec. 21-28-16 (McCullough Development Corporation)
4. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd.,
tract of land lying in Sec. 21-28-16 (James & Marlene McCullough)
)
)
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OTHER CITY ATTORNEY ITEMS
1 . Lobbyist Ordinance
2. Request for attorney/client session re Atrium at Clearwater vs. City and CRA on 6/20/96 at 5:00
p.m.
City Manager Verbal Reports
Commission Discussion Items
1. Set meeting with Marlo Boulevard neighborhood
2. Commissioner Seel's memorandum re Economic & Beach Advisory Committees
3. Mayor's request for authorization of travel expenses to Nagano, Japan in October
Other Commission Action
Adjourn
6/3/96
4
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Clearwater City Commission
Agenda Cover Memorandum
Item II:
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Meeting Date:
SUBJECT: Revision of Clearwater Code Section 30.041 and 30.043 - Traffic and Motor Vehicles
RECOMMENDATION/MOTION: Revise Clearwater Code Section 30.041 and 30.043 to allow for two
motorcycles to park per single designated parking space;
(!] and that the appropriate officials be authorized to execute same.
BACKGROUND:
. Florida Statute, Section 316 (State Uniform Traffic Control) states that except when otherwise
provided by local ordinance, every vehicle stopped or parked upon a one-way road shall be stopped or
parallel to the curb or edge of the roadway in the direction of authorized traffic movement.
. Florida Statute, Section 316 does not address the number of motorized vehicles that can be parked
per parking space.
. Pursuant to current parking needs, especially within downtown and the beach areas, this revision is
begin recommended.
. The specific revision to Clearwater Code Section 30.041 (1 a) and 30.043 is as follows:
Remove: "Each space shall be limited to no more than one motor vehicle per parking space. "
Insert: "Each marked space shall be limited to no more than one automobile, truck, van; gJd no more
than two motorcycles, motor scooters, or similar motorized vehicles.
Reviewed by: ....:;~:.:;ili............ ....9.r..i.Q!.~~.~~.~Q.I:?~P~~~.~.~.ry.tn~....
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Other
Costs: N/A
Total
Commission Action:
o Approved
o Approved w/Conditiona
o Denied
o Continued to:
Current Fiscal Year
Funding Source:
o Capital Improvement:
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Attachments:
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o Not Required
Affected Parties:
o Notified
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Submitted by:
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City Mllnllger
o Not Required
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FROM ; 22
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TEL: 4626426
~1A','. 28. 1996 12: 52 Pt-l P 2
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO TRAFFIC AND MOTOR
VEHICLES, AMENDING SECTIONS 30.041 AND
30.043, CODE OF ORDINANCES, TO ALLOW TWO
MOTORCYCLES TO PARK IN A SINGLE
DESIGNATED PARKING SPACE; PROVIDING AN
EFFECTIVE DATE.
(a) Angle park;ng. Upon those streets which have been marked or
signed for angle parking, motor vehicles shall be parked at the angle to the curb
Indicated by such markings or signs. .
t)lor~ 1b~n one ~lItQrnob.U~, truck. or van: Qr no mo(e tban two motorcycles, motot
scooters. or simiJar motorize~ EaGh E:pase ~A311 be limited ta no more
tlla" ORe motor vehicle per perking 6paoe.
Sec. 30.043. Placemsnt of motor vehicle In parking space.
! Any motor vehicle parking in any parking space in any publicly owned or
I operated parking lot or publicly owned parking garage shall be positioned with
I the front end of such vehicle facing into the parking space and the rear of such
" vehicle facing outward and at all times shall be parked within the lines marked on
II" the pavement or ground for such parking space 80 8S not to occupy more than a
single parking space. Each marked Sj)a~ sba1Lb~ Ijrnito,d to no more than one
I automoblte. truck. or van; or no more ~hDn two mptor(Q'Q.les. motor scooters. or
iaGh 81)899 6hall be limited to no mor-e than one
motor \'ehlola par parking SPOOOi
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER. FLORIDA:
~ Sections 30.041 and 30.043, Code of Ordinances. are
amended in part to read as follows:
Sec. 30.041. Street and alleys.
(1) Generally. It shall be untawful for any person to stand or park a motor
vehicle in a street other than paralleJ with the edge of the street headed in the
direction of traffic. and with the curbside wheels of the vehicle within 120 Inches
of the edge of the street, except as follows:
OrdInance No. 604g.Qa
,~<r'~;', ,'" "
FROM ,: 22
TEL: 4626426
I'1AY.28.1996 12:53 PM P 3
"
"
;
~:,
"
.,
s.e.ction.2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
I
I
I
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
I
I
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 6049..96
':' "I l~1 ",',' '".,', ',' ,J,', ":;:~~;';:' ',\, ' , ',.' "
Cfld-
Clearwater City Commission
Agenda Cover Memorandum
Item ."
Meeting Date:
~ .~ ,'fe;'
SUBJECT:
Education Facilities Siting Act - Local Approach
RECOM M EN DA TION/MOTI 0 N:
Receive staff report on local efforts to implement the Education Facilities Act and provide direction to
staff regarding desired public hearing option.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
~ In 1995, state legislation was adopted that provides clarification regarding local control over
public educational facilities and requires local governments to identify a wider range (typically) of
land use plan categories appropriate for the location of public educational facilities.
~ In Pinellas County, a countywide approach to these issues has been taken. Staff members from
several local governments and the Pinellas Planning Council (PPC) have worked with School Board
staff to develop the approach described in the attached PPC agenda item.
~ The main features of this approach are: (1) Allowing public educational facilities in residential land
use plan categories (currently, the City allows these facilities only in the Institutional category);
(2) Establishing siting standards for educational facilities and requiring local development
standards to be met; and (3) Setting forth two possible public review procedures to be adopted
at the option of local governments.
~ This last feature is likely the more controversial of the approach. Under one option, the School
Board would hold the requisite public hearing after explicit findings by the local government that
the siting was consistent with the local comprehensive plan, while under the other option, the
local government would hold the hearing. Advantages and disadvantages of the School Board
holding the hearing are discussed on the following page.
$
Current Fiscal Yr.
C~ission Action:
o Approved
[J Approved w/conditions
o Denied
o Continued to:
Revi ewed by:
Legal
Budget
Purchasing
Risk "gmt.
CIS
ACM
J-D~
N/A
N/A
N/A
N/A
~fL,.
Originating Dept:
CENTRAL PERMITTING
Costs: S MIA
Total
User Dept:
Advertised:
Date:
Paper:
I!lJ Not Requi red
Affected Parties
o Notified
DlI Not Requl red
FWlding Source:
o Capital I"".
o Operating
o Other
Attact.ents:
PPC INFORMATION
StDi tted by:
cl ty Manager
o None
Appropriation Code:
~ Printed on recycled paper
Educational Facilities
Page 2
SCHOOL BOARD HOLDS PUBLIC HEARING ON SCHOOL SITING
Advantages:
~ The School Board is more directly accountable.
~ There is an unambiguous local role; local procedures must be followed or School Board
decisions can be overturned.
~ Local decision-makers are not automatically placed in a "support the objecting residents vs.
support a valued institution" quandary for controversial projects.
Disadvantage:
~ Local control over land use decisions is reduced since the School Board has the final
decision.
Staff seeks direction from the Commission as to which review process is favored.
CURRENT PROCEDURES: Under the City's current interlocal agreement with the PinelJas County School
Board, the following procedures are followed in the development of educational facilities:
~ Site design, signage and other development of educational facilities in Clearwater are
transmitted to City staff by the School Board. Staff reviews the proposed development and
offers recommendations for compliance with City code requirements.
~ If agreement cannot be reached at the staff level, the City Manager and School Board
Superintendent are to meet to see if the issues can be resolved.
~ If agreement cannot be reached at the management level, the City Commission and School
Board are to meet jointly to resolve the issues.
The proposed countywide approach has several advantages over our current procedures. First, there
would be no doubt that City site development regulations would apply to School Board properties.
Second, a more formalized, less ad hoc review process would be established.
FUTURE ACTION: Staff will include the countywide approach, including the desired public hearing
process, in its upcoming Comprehensive Plan amendments.
~
PINELLAS PLANNING COUNCIL
~
1DAIE:. April I 7, 1996
I
AGENDA ITEM~ IV.C.l&2
SUBJECT: Educational Facilities Siting Act.
E . Council Review and Endorse Proposed Process and Authorize a Public
Hearing for Amendments to the Ru1es.
IiACKGROUND:
Staff from the PPC, Pinellas County School Board, Pinellas County Planning Department, and Pinellas
Park Zoning Division have worked with staff from several other local govenunents to develop uniform
procedures that respond to the 1995 amendments to Chapters 235 and 163 Florida Statutes (House Bill
1797). The amendments concern the coordination of the location of new or expanded public schools
with local government comprehensive plans. The amended legislation requires that local governments
identify categories, proximate to residential uses, within their Future Land Use Element in which public
schools are an allowable use. It also sets procedures and time frames for the coordination of school sites
with local govenunent comprehensive plans, clarifies what type of review is' necessary, and requires this
review' to be completed earlier in the approval process.
Additionally, the legislation requires that the general location of public educational facilities shall be
consistent with the comprehensive plan of the appropriate local governing body. The proposed new site
or additional property must be reviewed for consistency with the local comprehensive plan, including
reviewing the proposed site for compatibility with adjacent present and projected uses of property. If the
site is consistent with the comprehensive plan's Future Land Use Element policies and categories in which
public schools are identified as allowable uses, the local government may not deny the application~ but
it may impose reasonable development standards and conditions.
fI.t:lELLAS e.LANNJ~G COUNCIL ACTJQNl
COUNTYWIDE ~ING AUIHORITY ACTJQN;,
1:\U5ERS\WPDOCS\lC\WORDPERF\SCHOOLS\PPCAGNME .PPC
. ' . ~ J., ," " . . . ~ .. - ~ - -..
PINELLAS PLANNING COUNCIL
AGENDA MEMORANDUM
PAGE 2
I ~ Educational Facilities Siting Act
l
PROPOSED COVNlYWIDE PROCESS - O'fERV1EW:
The process proposed for adoption by local govenunent is outlined below:
I. Local Governments with Potential School Sites
1. Adoption of Criteria in Comprehensive Plan for Review of Proposed Schools
2. Selection of Process for Reviewing Proposed Schools
Option A - School Board Conducts Hearing
Option B - Local Govenunent Conducts Hearing
3. Adoption of lnterlocal Agreement with School Board
II. Local Governments without Potential School Sites - Adoption of lnterlocal Agreement with School
Board (as described below).
The criteria attached to this report were developed for use and adoption by local governments to meet
the requirements of ~e amended legislation. The policies provide standards and criteria for the review
of proposed sites for compatibil~ty with present and projected uses of property adjacent to the proposed
site, for review to ensure that adequate public facilities are or will be available to service the proposed
school, and other items such as the protection of archaeological or historic sites.
The flow chart attached to this report is the process intended to be used for review of proposed school
sites. It was developed to be Inore efficient than what is outlined in HB 1797 and it is more responsive
to the School Board and local government needs. The process offered in HB 1797 is completed in 135
days while the proposed process takes only 60 days to complete. Also, this process provides for a hearing
which allows input by the public as well as School Board and local government staff. A local govenunent
chooses either option A and B, both resulting in a final determination' of consistency .with the local
government comprehensive plan. The difference between the two options is in which board holds the
review hearing, the School Board (Option A) or the local government (Option B). The final
determination of consistency is completed by local government in either option.
School Board staff will be identifying those smaller local govenunent jurisdictions that do not have
potential schools sites identified within the "Pinellas School District School Plant SUIVey." Those local
governments can sign an interlocal agreement with the School Board stating that they will amend their
comprehensive plan to include the countywide process discussed in this report within one year of the
identification of a potential school siting, as shown in the Plant Survey. This would eliminate the need
for the smaller cOIrununities to amend their comprehensive plan at this time.
1:\USERS\WPOOCS\IC\WOROPERF\SCHOOlS\PP.:AONME.PPC
A-GENDA MEMORANDUM
PINELLAS PLANNING COUNCIL
PAGE 3
I SUBJECt:. Educational Facilities Siting Act
'pROPOSED RULE AMENDMENTS:
The PPC Rules will require changes to respond to the local government comprehensive plan
amendments adopting the process discussed previously. These amendments will allow each of the
local government comprehensive plans to remain consistent with the Rules Concerning the
Administration of the Countywide Future Land Use Plan (the Rules). The items that should be
considered for Rule amendments include:
. Define Public Educational Facility (Public Schools);
. Add Public Educational facility as a secondary use in the residential and mixed use plan categories
listed below;
. Remove the 3 acre threshold for public schools in each of the land use categories listed below
(schools are currently included as Public/Semi-Public uses);
. Any required change to the non-residential impact characteristics for traffic generation rates;
. Add Educational Facilities Siting review criteria to the "Special Rules" section of the Rules.
The Countywide Future Land Use Plan categories that are considered for the amendment to "allow"
schools are as follows:
. Residential Rural
. Residential Estate
. Residential Suburban
. Residential Low
. Residential Urban
. Residential Low Medium
. Residential Medium
. Residential High
. Residential Very High
. ResidentiaL/Office Limited
. ResidentiaL/Office General
Staff recommends the Council endorse the proposed process and policies as the means by which local
government complies with the requirements of Ch 235 and 163; and further recommends the Council
authorize the staff to prepare amendments to the Rules for consideration at public hearing by the Council
at its Ma meetin .
I:\USER5\WPOOCS\IC\WOROPERF\SCHOOlS\PPCAGNME.PPC
DRAFT(3/04/96)
SUGGESTED CHANGES TO THE FUTURE LAND USE ELEMENT
OF LOCAL COMPREHENSIVE PLANS
TO IMPLEMENT H.B. 1797
Objective 1.:
The local government shall support efforts
that facilitate coordination of planning
between the local government and the School
Board for the location and development of
public educational facilities.
Policy 1.1.:
Public educational facilities are defined as
elementary schools, special education
facilitie~, alternative education facilities,
middle schools, high schools, and area
vocational-technical schools of the Pinellas
County School District.
Policy 1.2.:
Public educational facilities of the School
Board are an allowable use within the
following future land use categories:
Residential Rural
Residential Estate
Residential Suburban
Residential Low
Residential Urban
Residential Low Medium
Residential Medium
Residential High
Residential Very High
Residential/Office General
Residential/Office Limited
Policy 1.3.:
The location arid construction of new public
educational facilities, or the expansion of an
existing site, within one of the future land
use categories listed in, .Policy 1.2. shall
only be allowed upon a determination by the
local government that the proposed site is
consistent with the local government
comprehensive plan.
Policy 1.4.:
In addition to consistency with the local
government comprehensive plan, the proposed
location of a new or expanded public
educational facility of the School Board
within one of the land use categories listed
in Policy 1.2. shall be reviewed and
considered with the following general
criteria:
1. The proposed location is compatible with
present and proj ected uses of adj acent
property. [s. 235.19 (2) (a) ]
2. The site area of the proposed location is
adequate for its intended use based on the
State Requirements for Educational Facilities
and provides sufficient area co accommodate
all needed utilities and support facilities
and allow for adequate buffering of
surrounding land uses.
3. Based on the 5-year Capital Improvement
Program of the School Board and the local
government comprehensive plan, there will be
adequate public s.ervices and facilities to
support the public school. [s.235.193(2)]
4. There are no significant environmental
constraints that would preclude development of
a public education facility on the site.
5. There will be no adverse impact on
archaeological or historic sites listed in the
National Register of Historic Places or
designated by a local government as locally
significant historic or archaeological
resources.
6. The proposed location is well drained and
soils are suitable for development or are
adaptable for development and outdoor
educational purposes with drainage
improvements.
7. The proposed location is not in conflict
with the County's Stormwater Management Plan
and the local government's adopted watershed
management pla~, if applicable.
8. The proposed location is not in a velocity
flood zone or a floodway.
9. The proposed location can accommodate the
required parking and anticipated queing of
vehicles onsite.
10. The proposed location lies outside the
area regulated by section 3.33.03(3), F.S.,
regarding the construction of public
educational f~cilities in the vicinity of an
airport.
Pol icy 1. 5 . :
The following criteria shall also be used to
evaluate whether proposed locations of
~pecific types of schools are consistent with
the local government's comprehensive plan:
Elementary
Facililties,
Facilities
Schools, Special
and Alternative
Education
Education
1. The proposed location shall have direct
access t9 at least a minor collector road or
as otherwise approved by the local government
after determination of acceptable traffic
impacts on adjacent roads of lesser
classification.
Middle Schools
1. The proposed location shall have direct
access to at least a minor collector road or
as otherwise approved by the local government
after determination of acceptable traffic
impacts on adjacent roads of lesser
classification.
2. Outdoor recreational facilities and similar
support facilities shall be located and
buffered on the proposed site to minimize
impacts on adjacent properties.
Hiqh Schools
1. The proposed location shall have direct
access to at least a major collector road, or
as otherwise approved by the local government
after determination of acceptable traffic
impacts on adjacent roads of lesser
classification.
2. Stadiums, outdoor recreational facilities,
and similar suppo~t facilities shall be
located and buffered on the proposed site to
minimize impacts on adjacent properties.
Vocational-Technical Schools
1. The proposed loca,tion shall have direct
access to at least a major collector road, or
as otherwise approved by the local government
after determination of acceptable traffic
impacts on adjacent roads of lesser
classification.
2. Industrial education facilities shall be
located and buffered on the proposed site to
minimize impacts on adjacent properties.
Policy 1.6.:
Proposed locat ions that are less than the
standard site acreage as prescribed in the
Florida Department of Education State
Requirements of Educational Facilities may be
determined to be consistent wi th the local
jurisdiction's comprehensive plan provided the
requirements of s. 235.19 (3), F. S., are met
and off-site impacts can be adequately
mitigated.
Policy 1.7.:
A consistency determination for a proposed new
site or additional property with the local
comprehensive plan may be conditioned with
reference to specific types of public
educational facilitie~.
Policy 1.8.:
At the time of consistency determination, a
local government may impose reasonable
conditions for development of the site as it
relates to any of the criteria in Policies
1.4. and 1.5. Conditions may not be imposed
which conflict with those established in
Chapter 235 or the State Uniform Building
Code, unless mutually agreed. [so 23S.193(6)]
Po 1 icy 1. 9 . :
Before a significant change of program at a
public educational facility is implemented,
the School Board and the local government
shall require a review of the facility's
onsite and offsite impacts. The School Board
and the local government will work coop-
eratively to mitigate onsite and offsite
impacts, including impacts to. public
facilities, identified through the review.
The. local government and the School Board
shall annually coordinate in the development
of their respective capital improvement
programs.
Po 1 icy 1. 10. :
Policy 1.11.:
The policies in Objective I'above are assumed
to be consistent with, and do not nullify or
conflict with, the provisions in Chapter 235,
F.S.
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ocA 1-
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REQUIRING LOBBYISTS TO REGISTER;
PROVIDING FOR ANNUAL REPORTING OF
EXPENDITURES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission finds that the operation of responsible
government requires that the fullest opportunity be afforded to people to petition
their government for the redress of grievances and to freely express to their
public officials their opinions on actions and issues before the City; and
WHEREAS, the City Commission finds that to preserve and maintain the
integrity of the decision-making process, it is necessary that the identity,
activities and expenditures of certain persons who engage in efforts to influence
commission members, board members and certain city staff on matters within
their official cognizance, be publicly and regularly disclosed; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
~ The Code of Ordinances of the City of Clearwater, is hereby
amended by adding an article to Chapter 2, to be numbered Article VIII, which
article reads as follows:
ARTICLE VIII. REGISTRATION OF LOBBYISTS
Sec. 2.700. Definitions.
Boards mean all boards, both advisory and regulatory, established by
ordinance of the City of Clearwater.
Commissioners mean the Mayor and members of the City Commission.
Compensation means any payment received or to be received by a
lobbyist for the performance of lobbying activities whether the compensation is
as a fee, salary; retainer, forbearance, forgiveness or other form of valuable
recompense cr any combination thereof.
Expenditure means an advance, conveyance, deposit, distribution,
transfer of funds, loan, payment, pledge or subscription of anything of value, and
any contract, promise or other obligation whether or not legally enforceable, to
make an expenditure.
Ordinance No. 6002-96
Government employee means all agents of the government, whether
elected or appointed, paid or unpaid, hired or under contract as a consultant or
as an attorney who are acting on behalf of the United States, the State of
Florida, its agencies, political subdivisions, special districts and municipalities.
Lobbying means communicating, orally or in writing, with a member of the
Commission, a board or staff, for the purpose of attempting to influence action or
inaction of any commissioner, any board member or staff member; or, for the
purpose of encouraging the passage, defeat or modification of any proposal or
recommendation.
Lobbyist means any person who receives compensation to act on behalf
of an individl:lal, firm, association, business or organization to lobby. A lobbyist
specifically includes the principal as well as any agent, attorney, officer or
employee of the principal regardless of whether such lobbying activity falls in the
normal scope of the employment of such agent, attorney, officer or employee.
Principal means any person providing compensation to a lobbyist in
consideration of his performance of lobbying activities regardless of the technical
or legal form of the relationship between the principal and the lobbyist.
Staff means the City Manager, the Deputy City Manager, the Assistant
City Manager, the City Attorney and all department heads. In addition, staff shall
mean any consultants, other than attorneys, hired by the City.
Sec. 2.701. Registration.
(a) All lobbyists shall register with the City Clerk before engaging in
any lobbying activities. Every person required to register shall register on forms
provided by the Clerk and state under oath:
(1) His or her name and business address,
(2) The name and business address of each person or entity
that has employed said the lobbyist to lobby,
(3) the chief officer, partners or beneficiaries of the corporation,
partnership or trust, which has employed the lobbyist to
lobby,
(3) The persons sought to be lobbied, and
(4) The specific issue on which he or she has been employed to
lobby.
(b) A separate registration shall be required for each specific issue.
2
Ordinance No. 6002-96
(c) Any change to any Information originally filed shall require that the
lobbyist file an amendment to the registration form. The lobbyist has a
continuing duty to supply information and amend the forms filed throughout the
period in which the lobbying occurs.
Sec. 2.703. Statement of lobbying expenditures.
On April 1 , 1997, and on April 1 of each year thereafter, the lobbyist shall
submit to the City Clerk a signed statement under oath listing all lobbying
expenditures for the preceding year, the sources of the funds and an itemization
as to the amount expended for each Commissioner, board member and staff
member. A statement shall be filed even if there was no expenditure during a
reporting period.
Sec. 2.704. Reporting by Clerk.
The Clerk shall publish a log quarterly and annually reflecting the lobbyist
registrations that have been filed in accordance with this article. The Clerk shall
publish a report annually reflecting the lobbyist expenditures that have been filed
in accordance with this article.
Sec. 2.705. Exemptions.
(A) The following persons shall not be required to register:
(1) A government employee acting in his official capacity or in
connection with his job responsibilities or as authorized or pennitted to
lobby pursuant to collective bargaining agreement.
(2) A person who appears at the specific request or under compulsion
of the Commission, board or staff member,
(3) Expert witnesses or other persons who give testimony about a
particular matter or measure but do not advocate passage or defeat the
matter or measure or any amendment thereto.
(4) Any person who appears at a public hearing or administrative
proceeding or quasi-judicial proceeding before the City Commission, any
3
Ordinance No. 6002-96
board or staff member and has no other communication on the matter or
subject of the public hearing, administrative hearing or quasi-judicial
proceeding.
(5) Any person in contractual privity with the City who appears only in
his or her official capacity.
(B) This Article shall not apply to discussions or negotiations on matters in
litigation.
Sec. 2.706. Violations.
I
$
~
,
$
\
2
,
.
i
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(a) A first violation of the provisions of this Article shall result in the
issuance of a warning by the City Attorney's Office. The penalties for
subsequent violations are as provided in Section 1.12 of the Code of Ordinances
of the City of Clearwater.
(b) The validity of any action or determination of the Commission,
board or staff shall not be affected by the failure of any person to comply with the
provisions of this article.
~ This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 7, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
March 21, 1996
Rita Garvey, Mayor-Co
Approved as to form and
legal sufficiency:
Attest:
11 f .~
Pamela K. Akin, City Attorney
ia E. Goudeau, City Cierk
4
Ordinance No. 6002-96
c~:c. ~
MEMORANDUM
TO: Mayor and Commissioners
llIROUGH: Elizabeth Deptula, City Manager
FROM: Commi<siODerKmnSecl 1)Q.A.U'\ ~
COPIES: Kathy S. Rice, Dep1ty City Manager
William C. Baker. Assistant City Ma~ger
ODB Members - Elise Winters, David Stone, Buzz David, Roger
Woodruff, Dwight Matheny
Judi Hackett, DDB Consultant
SUBJECf: Economic Development Commitfeie ..
DATE:
May 13, 1996
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Since the commission has stated that economic development will continue as a top priority of the City of
CleaIWater, I respectfulJy request that the City Commis.cdon appoint an economic development committee.
This committee. as psoposed, would consist of ci~ businesses and staff. It could assist in providing
an information base. a coordinated approach - city wide, and a valuable resource.
Some current objectives could include:
.Financial goals- ad valorem taxes. jobs created, development dollars generated
.EApectationslOutcomes
.Market goals - commercial rentals. business creation, infrastructure. business retention
.City wide anaJysisIapproacb - identify strengths and weaknesses
.F.conomic development goals and areas of particular need
.Considerationlresearch of CRAlDDB merger
· Assist in meeting potential candidates
Some future objectives could include:
.Business Retention
.Leads generation
.Events
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~ntactsllocal community leaders
· At:J:;ess to capital and financing
· Assistanco'SUggestiODS for economic development incentives
.lmmediate knowledge and history of the local marla:t
· Assist in maximizing doUarslbenefitslcoordination
.Qain community buy-in
Potential members for Economic Development Committee
.City management
.DDB
.DCA
.Local businesses - S appointees by City Commission
.Clearwater Neighborhood Housing Services
.Tampa Bay Partnership
.CCHA
.Chamber of Commerce - Clearwater and Clearwater Beach
.City staff: Directors of Economic Development, Tourism. Central Permitting, Engineering, Legal
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BEACH ADVISORY COMMllTEE
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MEMBERS:
-Clearwater Chamber President
-Beach Chamber President
-Beach Association President
-City staff: Directors of Central Permitting, Engineering, Economic Development, Tourism
- As needed. Directors of Padcs and Recreation and Police Chief
-S members as appointed by the City Commission
NEED DUE 10 MANY SINGLE ISSUES CURREN1L Y BEING RESEARCHED WITH EACH ISSUES
AFFECI1NG mE OVERALL BEAClI F1.J11JRE.
-East Shore Redevelopment Plans
-Cleanvater' Beach redevelopment
-Infrastructure needs
.-rourism
-Bridge
-Parldng and Parking GaIage
-Youth needs
-Memorial Civic Center
-Beach LibraIy
.Police substation
-Others
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TO:
Office or the Mayor
City Commissioners fIt:)
Mayor Rita Garvey 1\ ~
Betty Deptula, City Manager
FROM:
COPIES:
RECEIVED
MAY :~O 1996
CITY CLERK DEPT. '
SUBJECT:
DATE:
Nagano, Japan
May 13, 1996
...***.*.**.**.****.*********.......*.************.****.****
I would like to request the authorization of travel expenses to our Sister City - Nagano, Japan in
October 1996.
The trip is two..fold. The first is to continue our Sister City reactions by visiting Nagano and saying
hello to the many friends that we have because of the many exchanges. My last trip was in 1989.
Since then, Mayor Tsukada has been here twice, in 1991 and in 1994.
But, almost more important, is that we are planning for a Clearwater Hospitality Center in Nagano
during the Olympics. A small group of us who have been homestays for many years started talking
and planning over two years ago.
When Mayor Tsukada was in Clearwater in 1994, we had the opportunity to discuss this with him and
the Nagano city Council President and they gave us their enthusiastic support. Since his visit we have
been having more discussions, expanded the number of people involved and are working out ideas and
details for the Center. My husband and I are planning on going to Nagano in October to bring the
details to Mayor Tsukada and to see the location that he has designated for the Center. With this trip,
we hope to bring back pictures for the Committee to see, Le., location, space size, etc., to help in the
next phase of planning.
When we checked in April the airfare was around $1,500. We have no idea what hotel and travel
expenses in Japan will be, but estimate from $1,000 to $1,500. The request is for authorization of
up to $3,000. (This does not include gifts for the Mayor and our Japanese hosts which will be
necessary.) But, as a good steward of the public's dollars, I doubt I will use that much.
RG/cb