06/20/1996
Agenda:
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6-20-96
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City Commission
Meeting 6-20-96
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 20, 1 996 - 6:00 P.M. - Chambers
1.
2.
3.
4.
5.
Invocation
Pledge of Allegiance
Service Awards
Introductions and Awards
Presentations:
al Environmental Advisory Board IEAB) -
Annual Report
bl Ruth Eckerd Hall
Approval of Minutes - Regular Meeting
6/6/96
6.
7.
Citizens to be heard re items not on the Agenda
1. Pastor James Horn, St. Paul's Lutheran
Church.
2. Mayor.
3. 1 award presented.
6/96 EOM - Melvin Acton, Fire Department
Retirement Award - Althea Andersen, Library
4. None.
5. al Report received.
bl Request to be added to possible Penny for
Pinellas projects received.
6. Approved as submitted.
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Tom Sehlhorst requested City stop foreclosure proceedings on his property. He recently learned of 7-
year old lien.
Lucius Pitts questioned if the Commission would reconsider the location of the reclaimed water tank
planned for the Marshall Street site. It was indicated the location would not be reconsidered.
Sybil Qsburg questioned when Clearwater beach swimming pool would be built. Construction to begin
5/97.
John Tassinari said he no longer accepts responsibility for maintaining right-of-way by his house. He
said the work is dangerous and recommended the City install mulch.
Bridget Tassinari said her husband broke a lawnmower while maintaining right-of-way. She questioned
why they have to keep up City property.
PUBLIC HEARINGS
8. Second Reading - Ord. #6046-96 - Granting
to GTE Media Ventures Inc. the permission to
occupy municipal streets and rights-at-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
9. Public Hearing & First Reading Ord. #6053-
96 - Vacating portion of utility easement
lying on Lots 3, 4, & 13, Pinellas Groves,
SW1f4 Sec.1-29-15 (City, V96-06)
10. Public Hearing & First Reading Ord. #6050-
96 - Vacating North 10' of existing 30'
drainage & utility easement lying South of &
adjacent to Lot 13, Blk 6, Revised Plat of
6/20/96
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8. Ord. #6046-96 adopted.
9. Approved. Ord. #6053-96 passed 1 st
reading.
10. Approved. Ord. #6050-96 passed 1 st
reading.
1
Brookwood Terrace Sub., less East 5' (St.
Vincent DePaul, V96-08)
11. Public Hearing & First Reading Ords. #6051-
96 & #6052-96 - Annexation & Zoning (OL -
Tract A, M&B less S 509' m.o.l.), (RPD5 -
Tract S, M&B less N 160' m.o.l.) for property
located on E side of Landmark Dr., approx.
650' S of Enterprise Rd., Sec. 33-29-16,
M&B 22.011; and Development Agreement
with James A. and Hazel E. Vogel to
authorize development of up to 34 Single
Family Residential Units and up to 14, 160
sq.ft. of Office Floor Area; and Res. #96-45
- approving the development agreement with
James A. and Hazel E. Vogel (A96-21)
12. Public Hearing & First Reading Ord. #6044-
96 - LDCA defining "public safety facility",
identifying zones where public safety
facilities may be allowed, providing standards
for approval (LDCA 96-11)
13. Public Hearing & First Reading Ord. #6045-
96 - Amending Sees. 40.103, 40.324,
40.365, 40.384, 40.404 & 41.053, to allow
bed and breakfast inns as a conditional use in
the RM-10 District, CN District, Beach
Commerical District, and CR-24 & CR-28
Districts (LDCA 96-09)
14. Variance(s} to Sign Regulations for property
(Lokey Oldsmobile) located at 2339 Gulf to
Bay Blvd., Sec. 18-29-16, M&B 31.05 &
31.06 (Nell M. Lokey, Donald O. McFarland,
Mangus Flaw, Jr., and Barnett Bank Trust
Co., N.A. - Co-Trustee/Trust of Earle B.
Lokey, 5V96-10)
6/20/96
11. Approved excluding Development Agreement.
Ords. #6051-96 & #6052-96 passed 1 st
reading. Development Agreement continued
to Special Meeting of 7/15/96.
12. Approved. Ord. #6044-96 passed 1 st
reading.
13. Approved. Ord. #6045-96 passed 1 st
reading.
14. Approved variance requests for: 17.55' to
permit an auxiliary sign on a parcel with
482.45' of frontage, and 75' to permit a
separation distance of 225' between the
primary freestanding sign & the auxiliary
freestanding sign subject to the following
conditions: 1) freestanding signage shall be
limited to 3 signs containing 83, 44.7 & 32
sq.ft.; 2) a Unity of Title shall be filed for all
3 "parcels" solely with regard to the
allowable signage; 3) the 32 sq. ft. auxiliary
sign shall be removed if the number of new
car franchises on the combined site falls to
less than 2; and 4) the 32 sq. ft. auxiliary sign
shall be removed if all site work associated
with the certified site plan and conditional
use permit approvals has not been completed
by 1 /31 /97.
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15. (Cant. from 6/6/96) 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 - 20ning
Amendments for Downtown Urban Core
districts (LDCA95-20, 296-01)
15. Continued to 7/18/96.
Public Hearing - Second Reading Ordinances
16. (Cont. from 3/21 & 4/18/96) Ord. #5972-96 16. Ord. #5972-96 adopted as amended.
- Amending Sees. 35.11, 40.424, 40.434,
40.444,40.464,40.474,40.503,40.523 &
41.053 - LDCA establishing IIResearch and
Technology Production Uses II (LDCA96-02)
17. Ord. #5990-96 - Land Use Plan Amendment 17. Ord. #5990-96 adopted.
to Commercial General for property located at
401 S. Belcher Rd., Sec. 18-29-16, M&B
23.11 (Gerry Staring I Natalie Moyles,
Trustee, LUP96-01)
18. Ord. #5989-96 - CG Zoning for property 18. Ord. #5989-96 adopted.
located at 401 S. Belcher Rd., Sec. 18-29-
16, M&B 23.11 (Gerry Staring / Natalie
Moyles, Trustee, Z96-02)
19. Ord. #6032-96 - Land Use Plan Amendment 19. Ord. #6032-96 adopted.
to Institutional 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 / Fusco
Management Corp. / Property Capital Trust,
LUP96-03)
20. Ord. #6033-96 - P/SP Zoning for property 20. Ord. #6033-96 adopted.
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 / Fusco Management Corp. / Property
Capital Trust, Z96-05)
21. Ord. #6034-96 - Land Use Plan Amendment 21. Ord. #6034-96 adopted.
to Institutional 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)
22. Ord. #6035-96 - P/SP Zoning for property 22. Ord. #6035-96 adopted.
located at 1142 Lakeview Dr., Sec. 22-29-
15, M&B 21.10 (School Board of Pinellas
County / Pinellas Board of Public Institution,
Z96-04)
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6/20/96
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23. Ord. #6036-96 - Annexation for property 23. Ord. #6036-96 adopted.
located at 2275 Manor Blvd. N., Clearwater
Manor, Lot 85 (McClure, A96-20)
24. Ord. #6037-96 - RS-8 Zoning for property 24. Ord. #6037-96 adopted.
located at 2275 Manor Blvd. N., Clearwater
Manor, Lot 85 (McClure, A96-20)
25. Ord. #6040-96 - Annexation for property 25. Ord. #6040-96 adopted.
located at 2192 Dell Ave., Pine Dell Sub., Lot
2 (Cruz, A96.18)
26. Ord. #6041-96 - RS-8 Zoning for property 26. Ord. #6041-96 adopted.
located at 2192 Dell Ave., Pine Dell Sub., Lot
2 (Cruz, A96-18)
27. Ord. #6042-96 - Annexation for property 27. Ord. #6042-96 adopted.
located at 1517 W. Virginia Lane, Virginia
Groves Estates 1 st Addition, Blk 10, Lot 2
(Wyllie, Jr. / Knox-Bronson, A96-17)
28. Ord. #6043.96 - RS-8 Zoning for property 28. Ord. #6043-96 adopted.
located at 1517 W. Virginia Lane, Virginia
Groves Estates 1 st Addition, Blk 10, Lot 2
(Wyllie, Jr. / Knox-Bronson, A96-17)
29. Ord. #6048-96 - relating to sale of petroleum 29. Ord. #6048-96 adopted.
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
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CITY MANAGER REPORTS
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CONSENT AGENDA (Items #30-48) - Approved as submitted less #s 37, 39, 43 & 47.
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.
30. Contract Renewal for purchase of misc. office supplies with Smith Wilson Company, Orlando, FL,
for the period 7/1/96-6/30/97, at standard discount of 57.50% from catalog list price, at an est.
$88,000 (FN)
31. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, to secure natural gas
easement across CSXT's r-o-w at 500 Jones Street, Clearwater, FL, at a cost of $1,650 (GAS)
32. Contract extension for installation of polyethylene gas mains & service lines to Heuer Utility
Contractors, Inc., Clearwater, FL, for the period 6/21/96-6/20/97, at an est. $867,750 (GAS)
33. Ratify/Confirm City Manager's approval of a 10% increase in Heuer contract for additional funding
of up to $86,775 for a total of $954,525 for installation of gas mains and service lines (GAS)
6/20/96
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34. Purchase of three 1996 automated side loader refuse collection trucks from Crane Carrier
Company, Tulsa, OK, for $391,629; financing to be provided under city's master lease-purchase
agreement (GS)
35. Contract for custodial services to Detail Cleaning Services, Palm Harbor, FL, for the period
7/15/96-7/14/97, at an est. $91,800 (GS)
36. Purchase of one 1997 Ford Truck Tractor from Heitzelman's Truck Center, Inc., Orlando, FL, for
$62,745; financing to be provided under city's master lease-purchase agreement (GS)
37. Contract for holiday decorating services to Clark Sales Display, Inc., for the period 1 2/1/96-
1/15/2001, for $70,200 (PR) - CONTINUED
38. Contract for Carpenter Field Clubhouse renovations to Oakhurst Construction Co., Inc., Seminole,
FL, for $621,647; approve additional funding of $698,147 at mid-year budget review (PR)
39. Recommend deny request from Clearwater Bombers for continuation of grant program whereby
the City would contribute $1 to the Bombers for every $10 in cash or in specific in-kind services
the Bombers receive as donations from the private sector up to a maximum City contribution of
$10,000 during FY 1995/96 (PR) - CONTINUED
40. First Amendment to Lease Agreement dated 6/7/94 with Stone Buick, Inc., of lease premises in
Gib$ons Clearwater Heights and Janie Daniels subdivisions, wherein Stone Buick will vacate
existing structures and approx. 40% of present lease premises by 8/30/96, in consideration of
which the City will adjust the monthly rent from $3,500 to $1,600 effective 9/1/96, and extend
the lease term 2 additional years from 5/6/97-5/6/99, with all other terms and conditions of said
lease remaining unchanged (EN)
41. Supplemental Agreement No.2 to agreement for professional services for Highland Avenue
widening with HDR Engineering, Inc., for $561,085 (EN)
42. Receipt/Referral - LDCA specifying density calculations for nursing homes be computed on basis of
3 residents equals 1 unit, and parking for nursing homes be provided on basis of 1 space per 3
residents (LDCA 96-14HCP)
43. Agreement with James C. Massie, extending lobbyist services for the period 6/26/96-6/25/97, for
$17,549 plus reasonable and necessary out-of-pocket expenses (ClK) - GO OUT FOR RFQ,
REQUEST MASSIE CONTINUE UNTil RESULTS OF RFQ DETERMINED
44. Sidewalk Easement - Robinwood Sub., Blk B, Lot 2 (Cornerstone Communities, Inc.)(CA)
45. Public Utilities Easement - Sec. 5-29-16 (GTE Florida, Inc.)(CA)
46. Approve $2,000 to Clearwater Festivals for 7/96 Fourth of July Celebration
47. Confirm terms of PAC Commission appointees - Mayor Garvey - 1 year term; Commissioners Clark
& Johnson - 2 year terms - CORRECTION TO BACKGROUND, JOHNSON (NOT HOOPER) -
APPROVED
48. Confirm appointing Mayor Garvey as Florida League of Cities voting delegate
.
OTHER ITEMS ON CITY MANAGER REPORT
49. First Reading Ord. #6054-96 - reducing the
easement granted by City of Clearwater
Ordinance 11 6 to the successor of the
Tampa & Gulf Coast Railroad, CSX
Transportation Incorporated; approve
agreement with Pinellas County for the
Pinellas Trail and sidewalk construction from
Belleview Boulevard to Jones Street (EN)
49. Approved. Ord. #6054-96 passed 1 st
reading.
6/20/96
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50. Res. 96-42 - authorizing execution of Joint
Participation Agreement with FOOT to
refurbish Aircraft Hangar II AI/at Clearwater
Airpark (EN)
51. Contract for reconstruction of Highland
Avenue, from North of Gulf to Bay Blvd. to
North of Sunset Point Rd., to Overstreet
Paving Company, Largo, FL, for
$4,281,069.56 (EN)
52. Mid-Year Budget (eM)
a) First Reading Ord. #6056-96 - Amending
the Operating Budget for Fiscal Year
ending 9/30/96
b) First Reading Ord. #6057-96 - Amending
the CIP Report and Budget for Fiscal Year
ending 9/30/96
53. Approve expenditure of $498,400 needed for
completion of the redefined Harborview
Center, and the list of betterments for an
additional authorization of $232,500, and
approve an interfund loan in the amount of
$730,900 from the Central Insurance Fund,
bearing interest at the cash pool rate, to be
repaid from Penny for Pinellas collections in
FY 1999
54. Development Code Adjustment Board - 1
appointment (CLK)
55. North Greenwood Community Task Team
56. Adding levels to Municipal Services Complex
(MSC) Parking Garage
57. Other Pending Matters
50. Approved. Res. #96-42 adopted.
51 . Approved.
52. Approved.
a) Ord. #6056-96 passed 1 st reading.
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b) Ord. #6057-96 passed 1 st reading.
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53. Approved.
54. Continued. City Attorney directed to update
membership requirements.
55. Accepted NGCTT's mission statement;
appointed David Grice, Reverend Lucius Pitts
& Tal Rutledge; and approved allowing the
team to appoint additional members to a
maximum of 1 5 total members.
56. No Action.
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57. None.
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CITY ATTORNEY REPORTS
58. First Reading Ordinances
a) Ord. #6058-96 - Relating t~ registration of
lobbyists, Amending Sec. 2.700 to revise
definitions of boards and lobbying; Amending
Sec. 2.701 to add two-day grace period to
registration requirements
a) Ord; #6058-96 passed 1 st reading.
59. Other City Attorney Items - Attorney/Client session re Atrium of Clearwater, Ltd. vs City & eRA
scheduled for 7/15/96 at 1 :00 p.m.
6/20/96
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Consensus to approve temporary move of Police substation to Memorial Civic Center.
Consensus to ballot Marlo Boulevard neighborhood re connection to Landmark Drive with one
vote per household.
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60. City Manager Verbal Reports
61. Other Commission Action
Se.eJ. requested beach streetscape design be discussed at a Community Meeting. Meeting
scheduled for 7/17/96 at 7:00 p.m. Location to be announced.
Se.eJ. reported DDB plans to develop a downtown plan model for $7,000. Commission invited to
attend DDS seminars on signs, storefronts, and streetscapes. Mayor suggested a computer
designed model may be less expensive.
Se.eJ. complimented Scott Shuford and Alan Ferri for their economic development presentation to
6/19/96 PPC meeting.
Hooper suggested an employee contest to rename Municipal Services building. Consensus to
pursue.
Clark offered sympathy to Cline and McMullen families for their recent loss.
62. Adjournment - 9:50 p.m.
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6/20/96
7
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler@
SUBJECT: Follow up from June 17,1996 Work Session
COPIES: Elizabeth Deptula, City Manager
DATE: June 19, 1996
In response to questions raised at the June 17, 1996, Work Session the following answers
are provided in final agenda order.
Item #9 - Vacation on Relocation of City easement - when the location of the replacement
easement is determined that information will be sent to the Commission.
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Item #41 - HDR professional services for Highland Ave project - only $130,000 of Penny
for Pine lIas funds are to be used for the entire Highland Ave project. The bulk of the project will
be paid for using gas tax funds. The $130,000 will be added to the gas tax funds to pay for the
total CIP project that will include both these services and the construction costs.
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Item #49 - Reducing easement to accommodate Pinellas Trial - The County informed Rich
Baier they would begin construction as soon as possible. Once a more definite date is obtained
that information will be forwarded to the Commission.
Item #50 - Joint Project Agreement for refurbishment of Aircraft Hanger "A" - the
Department of Transportation will reimburse the City for half of this project upon the project's
completion. City staff estimates it will take one year after completion of the hangers for the City
to recoup its $50,000 portion of the cost.
Item #51 - Highland Ave Widening construction contract - the estimated cost for placing
Florida Power transmission and local distribution mains, from Palmetto to Sunset Point,
underground is $2,346,000. This does not include distribution lines, cable tv and telephone lines.
The cost to install a 16" reclaimed water line from Gulf-to-Bay to Sunset Point is $500,000.
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6/17/96 Work Session Follow-up
Page 2
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Miscellaneous (not on this or an upcoming agenda):
A letter supporting the federal legislation providing tax credits for environmental clean-up
will be prepared once the needed information is obtained.
Information regarding how the City will enforce fireworks legislation will be forwarded to
the Commission next week.
The Engineering Department will review whether the parking garages should be closed and
no entry allowed when attendants are not on duty.
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C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
TO: Mayor Garvey
FROM: Sally Thomas, Agenda Clerk
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',\ SUBJECT: Invocation
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, COPIES:
Cynthia Goudeau, City Clerk
DA TE: June 20, 1996
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Tonight's invocation will be offered by Pastor James Horn, St. Paul's Lutheran
Church, 407 S. Saturn Avenue, 34615
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CLEARWATER CITY
COMMISSION
Agenda Cover Memorandum
Item #:
Meeting Date: 6/17/96
6/20/96
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SUBJECT: SERVICE AWARDS
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RECO MMEN DATI 0 N/M OTI 0 N:
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater.
mJ and that the appropriate officials be authorized to execute same.
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BACKGROUND:
5 Years
Frank M. Wishinsky
Jimmie Patrick
Donald W. Filmon
Engineering
Parks & Rec.
Public Works
Lee Achterhof
Eddie Adams
Gwendolyn J. Legters
Marine
Public Works
City Clerk
10 Years
Gary L. Coffey
Cherie J. Leprevost
Michael D. Kaelin
Paul A. Henderson
Ted L. Dorman
Carol J. Schmidt
Wilton Lee, Jr.
Linda Ratcliffe
Public Works
Fire
Marine
Engineering
Gas
Police
Police
Library
15 Years
Kenneth E. Gilmore
Nelson B. Coy
Frank X. Bowler
Joyce C. Geisel
Engineering
Gas
General Services
Finance
20 Years
Gregory E. Smith
Gas
25 Years
Gertrude M. Devers
Susan Hackett
Central Permitting
Library
Reviewed by: Originating Department: Costs: Commission Action:
Legal 1 A HUMAN RESOURCES o Approved
Budget Total o Approved w/Condltlon.
Purchasing User Department: o Denied
Risk Mgmt. Current Fiscal Year 0 Continued to:
IS Funding Source:
ACM o Capital Improvement:
Other Advertised: 0 Oporatlng:
Date: 0 Attachments:
Other:
Paper:
Submitted 0 Not Required Appropriation Code
by:
Affected Parties:
0 Notified o None
City Manager 0 Not Required
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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 20, 1996 Commission Meeting
DATE: June 20, 1996
The following presentation will be made at the June 20, 1996 City Commission meeting
2S years
Gertrude Devers, Central Permitting Oetter of appreciation, day off with pay, dinner
certificates)
EMPWYEE OF THE MONTH for June, 1996 is Melvin Acton, Fire Department
(write-up attached with check)
RETIREMENT A WARD for Althea Andersen, Clearwater Public Library System
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CITY OF
5 Q,.
CLEARWATER
POST OFfICE Box 4748, CLF.ARWATER, FLORIDA 34618-4748
MUNICIPALSERVlCES BUilDING, 100 SOlml MYRTU!AVENUE, CLEARWATER, FLORIDA 34616
TELEPHONE (813) 562-4747
ENVIRONMENTAL
ADVISORY BoARD
June 6, 1996
The Mayor and City Commission
City of Clearwater
P.O. Box 4748
Clearwater, Fl. 45618
SUBJECT:
City of Clearwater Annual Report for 1995
Dear Mayor and Commissioners:
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Attached please find the Annual report for the Environmental Advisory Board for the period February
1995 through February 1996.
The Environmental Advisory Board has had a very productive year, addressing a multitude of
environmental issues for Clearwater. We are grateful to this Commission for their continued support and
for its foresight in recognizing the ever increasing need for Environmental concern in the City of
Clearwater.
We look forward to another productive year to compliment Commission direction related to environmental
issues that may develop in the future.
Very truly yours,
cpt t.-ynu2~
Jill Melkonian, Chair
Environmental Advisory Board
Att:
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ENVIRONMENTAL ADVISORY BOARD
CITY OF CLEARWATER
ANNUAL REPORT FOR 1995
20 June 1996
I. Introduction:
Having the vision to realize a need for the City of Clearwater to be aware of
environmental issues, the City Commission created an Environnlental Advisory Committee in
the late 1980's. At that time. the Committee was comprised of 10 capable members. In it's
infancy, the Committee dealt with an enormous number of potential envirolilllental issues and
searched for a method to organize itself.
Recognizing the increasing importance of environmental concerns, the Commission had
the foresight to upgrade the Committee into a Board in 1994. The Board is advisory to the
Commission and is called the Environmental Advisory Board (EAB). This Alillual Report
covers the period fronl February. 1995 through February. 1996.
II. Board Overview: The EAB was established by Ordinance #5653-94. Members are
residents of the City and are appointed by the Conlmission.
A. Purpose: The EAB is charged with these powers and duties:
1. To identify and assess significant environnlental objectives.
2. To review and provide recommendations to the City Commission on
selected environmental programs and projects.
NOTE: The Board's powers are limited to an advisory capacity.
B. There are seven (7) membership positions on the EAB. On May 18, 1995, the
second reading of amendments to Section 2.160, in the form of Ordinance 5822-
95, was approved by the Commission. Changes were approved as follows:
1. Reduced membership from 10 to 7 members.
2. Eliminated staggered terms of offices.
3. Established the quorum to be 4 members.
C. Membership positions are currently occupied by:
Jill Melkonian, Chair Liza Lanza, Member
Whitney Gray, Vice-Chair Alan Smith. Member
Mike Foley, Past Chair Allan Stowell, Member
Anne Garris, Member
D. Public meetings are held on the third \Vednesday of each month in the City Hall
Commission Chambers at 4:00 PM. The meetings are televised on the Public
Access Channel.
E. The EAB staff liaison is Mr. Thomas H. Miller, Director of Environmental
Management! Assistant Director of Engineering. Board reporter is Gwen Legters.
III. Review of Past Year's Activities:
A. Number of Meetings: From February. 1995 through February, 1996, there were
eleven (11) public meetings. (There were no meetings in Mayor December of
1995.)
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B. Special Meetings: There were two (advertised) meetings held in the City
Hall Annex on April 25 and June 14, 1995. The purpose of these meetings
was to discuss and prepare goals, objectives, bylaws and policies for the
EAB. Acting Chair for the meetings was Jill Melkonian (then,Vice Chair).
C. Issues Handled/Recommendations or Motions Passed:
1. Approved Bylaws of EABI Approved EAB Rules of Procedure.
2. St. Joseph Sound - Recommended that it be nominated for inclusion in the
SWIM priority waterbodies list.
3. Comprehensive Plan - The EAS spent a great deal of time and effort in the
participation of reviewing the Conservation Element of the Compo Plan.
Many recommendations were offered and discussed to assist in revising
that portion of the Plan in order to create clear language and present &
future protection for the environment in the City of Clearwater. On June
15, the Board members were asked to be part of the Conservation Citizen
Task Force. A portion of eight of our meetings was devoted to the Compo
Plan, as well as many hours for each individual outside of the meetings.
4. Reviewed and discussed the overall action plan, the Comprehensive
Conservation and Management Plan, for the Tampa Bay National Estuary
Program with Mr. Dick Eckenrod, Director.
5. Reviewed Stomlwater Discharges to Natural Water Bodies; eg; Harbor
Drive Project, Bayview Gardens Nursing Home, and Stevenson Creek.
6. Environmentally Sensitive Land List - With strong support and assistance
from Staff, 15 properties were drawn from an extensive list of 93. Proper-
ties were inspected for 1 )viability of use for regional storm water treat-
ment; 2)presence of wetlands for ofT-site benefits; 3)suitability for park
property; 4 )presence of specimen trees or significant tree canopy; 5)other
unique envirorunental features; 6)effect of environmental development on
the surrounding environmental features. EAB members individually
walked these sites and gave a lot of time in the list development. The
Board approved the undeveloped properties list for consideration by the
City Commission for the purpose of adding these properties to the
Conservation Element of the City Comprehensive Plan.
7. Contaminated Well Site - Bayview Ave. The EAB heard a citizen's
complaint regarding the possibility of contamination from a corner gas
station. After much investigation from Board members, staff, consultants.
etc., the City Attorney felt that Florida Law supersedes local law with
regard to the regulation of underground petroleum product storage tanks.
8. Surface Water Ouality - Testing and Review of 33 Sites - Board
commended the Environmental Management group for the testing and
compilation of the results. EAB wholeheartedly approved of the direction
this research is taking and supported th~ future amelioration of these
Issues.
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9. Stormwater Treatment Facility Rcinspection - Report on 71 site
inspections. Begun at Stevenson Creek basin due to concern for
Clearwater Harbor. EAB endorsed efforts of Mike Quillen (Water
Resource Engineer).
10. Environmental Management Five ( 5) Year Plan - Review of status of
14 projects relating to Watershed Quality Planning & Studies. Water
Quality Improvement Projects, and Habitat Restoration & Improvement.
EAB commended Staff for all of this work and for the use of outside
funding sources. The EAB recommended to accept the Envir. Manage.
Group Five Year Capital Watershed Plan and Water Resource Project
Sunlmary Document for FY 1995-96 and to endorse the continued
acquisition of funding and development of plans and projects proposed by
Environmental Management for the City of Clearwater in FY 1996.
II. Coopers Point Interlocal Management Agreement - Recommendation
from the EAB: The Clearwater City Commission be advised that the
EAB has considered the Coopers Point Interlocal Management Agreement
with PineIlas County and recommends City Commission approval and
endorsement.
12. Del Oro Stormwater Treatment Project - The City Commission be advised
that the EAB has considered the above project, developed by Environ-
mental Management. and recommends Comnlission approval upon Staff
recommendation to award construction contracts.
13. The EAB approved the following recommendations: the Urban and
Community Forestry Grant between the City and the Florida Department
of Agriculture & Consumer Services; the Clearwater Mall Stonnwater
Treatment Retrofit Proiect InterIocal Agreement between the City and
SWFWMD; the Clearwater Mall Stormwater Treatment Retrofit Proiect
Easement & Maintenance Agreement between the City and Holland
Westshore, Inc.; the AlIens Creek Experimental Water Quality Treatment
Demonstration Proiect lnterlocal Agreement between the City and
SWFWMD; and the Alligator Creek Watershed agreement for Consultant
services to Parsons Engineering Science to develop a comprehensive plan
for watershed management.
14. After hearing a citizen complaint regarding development around Beckett
Lake, the EAB recommended that the City add this property to the unde-
veloped properties list for immediate acquisition and requested that the
City consider purchasing the Montclair property to protect it from overde-
velopment and to protect its wildlife & habitat, either to be used as passive
park land, or for possible resale to an entity that would develop it in a way
that would protect the wildlife & habitat.
15. Mangrove Protection - The EAB passed a motion to recommend that the
City Commission direct Environmental Management Staff to develop a
city-wide. incentive -based, Mangrove Management Program for
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Clearwater that will result in adherence to certain objectives that are
defined by the EAB and will result in staffing that exceeds eight (8) hours.
16. 49th 51. Bridge Stormwater Pond Condition - Concern was expressed for
the unsightly condition of this area and was addressed by an FOOT
Maintenance Engineer. Question was whether the pond is functioning
according to conditions of the State permit. It was decided that Florida
Dept. of Environmental Protection needed to review the design and make
any necessary changes.
17. City-Wide Shoreline Protection - Discussion was on specific standards
relating to environmental issues, coastal management, construction set-
backs from waterlines and national estuary areas and accretion of property
resulting from filled groin construction. Concern was expressed that there
is no clear way to regulate this issue because each case is different.
Consensus was to follow the State guidelines - no action taken.
18. Reclaimed Water Update - Current & future transmission lines, home-
owner participation, and grant requests were discussed. EAB endorsed the
usage of reclaimed water, public education of the benefits. and continued
requests for grant monies.
19. Stevenson's Creek - Update of project to correct a defect in a mitigation
area in the Clw. Country Club Golf Course in cooperation with City of
Dunedin. This is an experimental idea that has been successful in
Dunedin and could be a positive, money saving concept for the City of
Clearwater.
20. Cooper's Point Restoration, Phase 1 -The EAB recommended that the
City Commission approve the Cooperative Agreement between the
Southwest Florida Water Management District and Clearwater for joint
funding for habitat restoration and enhancement at Cooper's Point.
21. Exotic Plant Control - The EAB recommended to the City Commission
their approval to award a contract to Biological Research Associates of
Tampa for a minimum of one year for the control of exotic plant species
in City owned lakes and ponds, and that appropriate officials be authorized
to execute same.
22. USGS Agreement for Stream Gauging - The EAB recommended that the
City Commission approve the agreement with the U.S. Geological Survey,
an agency of the Federal Government, to perform water resource investiga-
tions within the City of Clearwater, and that appropriate officials be
authorized to execute same.
23. Protocol - EAB Action Status - Growing out of a concern for follow-up
and tracking of a motion or recommendation made to the Commission
from our Board, Mr. Miller discussed this issue with the City Clerk and a
procedure for all Advisory Boards was implemented.
24. Permanent Alteration of Jurisdictional Wetlands - Review of guidelines
that Staff uses before approving wetland projects was done. Concern was
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whether the City's guidelines are sufficient to control shoreline develop-
ment. Board was assured that a project would not be recommended that
did not meet the supporting criteria (as well as state and local law, compre-
hensive plan provisions and scientific principles) and that additional
regulations may make the ordinance too restrictive for the public to eqjoy
reasonable use of their land. Board moved that any member who so
wishes may bring forward for discussion any addi tions or ordinances
amending the Comprehensive Plan.
25. Alligator Creek Watershed Early Action Proiect/Del Oro Phase II -
EAB recommended that the City Commission approve the contract with
Parsons Engineering Science Inc. for the design of a wetland mitigation
and storm water treatment project to serve the Del Oro Phase II Stormwater
Rehabilitation project.
26. Xeriscape Ordinance - Staff submitted revisions to the City Code of
Ordinances relative to new Xeriscape planting requirements to the EAB.
EAB will review prior to March meeting for recommendations, comments
and suggestions at that time.
27. The EAB has had regular reports and updates from Tampa Bay Watch
(Peter Clark, Director) and Tampa Bay National Estuary Program (Dick
Eckenrod, Director). The EAB endorsed the CCMP (Comprehensive
Conservation and Management Plan) of the Tampa Bay Nat. Est. Prog..
28. Items For Our Information -The EAB has had various guests as points
of information regarding: details on the Beach Tower; Sand Castle for the
proposed Sand Blast '96; reports on state-of-the-art vessel sewage pump-
out system for the City Marina and it's achievements; work done on
construction of forced main under Clearwater Harbor to Sand Key; etc.
D. Recognition of Special Individuals: This Board only meets as a Board once per
month. There have been a great many hours spent outside of the meetings by
individuals doing research into various issues, contacting agencies, attending
related meetings, etc.
Mike Foley - Represented the EAB at planning meetings for Alligator Creek
watershed project and Allen's Creek. Served as EAB chair for period of Nov.
'94 to Nov. '95.
Anne GatTis - Attended meetings and did other research on mangrove protection
and ordinances.
Liza Lanza - Assisted staff with suggestions for new xeriscape/landscape
ordinance.
Allan Stowell - Countless hours of outside research and contacts on various issues
such as soil contamination and shoreline protection.
E. Recognition of Special Board Efforts:
1. The EAB spent a great amount of outside time establishing bylaws, rules
of procedure, agenda preparation, meeting formats, consent agenda procedures,
and a procedure for tracking recommendations to the City Commission.
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The members are commended for this extra effort in order to make
the best, most efficient use of meeting time to review the greatest
number of environmental issues and programs
1. The creation of the Undeveloped Properties List was another huge
Board effort that took a lot of thought, man-hours and
consideration.
2. The EAB's efforts in working with Lou Hilton to review and offer
suggestions for improved language and necessary additions to the
Conservation Element of the City's Comprehensive Plan should be
commended.
IV. Outlook For Coming Year:
A. Major Issues To Be Considered: Since the deadline for the
Comprehensive Plan is nearing, the Board will be involved with the final
draft revisions in the Conservation Element. Water quality, shoreline and
natural habitat protection, watershed management, xeriscape ordinances,
and mangrove legislation will continue to be high priorities. The Board
would also like to be made aware of potential development (including
bridge design and/or remodeling) effecting shorelines and/or
environmentally sensitive habitats.
B. Special Projects:
1. The EAB would like to have some follow-up on the
environmentally sensitive/undeveloped properties list.
2. With Mr. Hilton's assistance, we would like to continue to monitor
the Comprehensive Plan.
3. The Downtown Lake Project and/or other projects to assist the City
in stormwater treatment and redevelopment are of particular
interest to the Board.
4. The EAB endorses increased use of reclaimed water as well as the
education of the public as to it's benefits. The Board offers it's
assistance in order to further this usage in the City of Clearwater.
5. Also, the EAB would like to commend Mr. Baier and Mr. Miller
for organizing the 1 sl Clearwater Harbor Symposium. The concept
of interlocal participation in order to preserve the natural resources
of St.Joseph Sound, Clearwater Harbor, and the Intracoastal
Waterway is excellent and much needed. The Board would like to
assist in this endeavor in whatever way it could be useful.
V. Concerns/Suggestions For Commission Consideration:
A. Some members of the EAB would like to propose a comprehensive plan
committee to monitor the compliance of the Plan. Other communities
have such a committee comprised of members from each Board.
B. Due to a need for occasional research outside of the public meetings, the
concept of single person "task leaders" has been suggested to comply with
the sunshine as well as to give Staff some assistance at some level.
C. The EAB feels the following to be of utmost importance:
1. The EAB should assist in identifying those natural resources that
need to be protected and preserved.
2. The EAB should assist in identifying those natural resources that
can be effectively managed without their endangerment.
3. The EAB should assist in evaluating & identifying those resources
& areas that can support proper growth & development.
4. The EAB should assist in identifying environmental problems &
assist in offering solutions that are innovative and cost effective in
order to preserve our natural resources.
5. The EAB is particularly interested in the development of an
overall Watershed Management Action Plan that offers clear
direction for citywide resource protection and enhancement.
VI. Close:
The EAB should assist in 'striving to protect and enhance the natural
environment in the support & promotion of programs & projects
consistent with the goals, objectives & policies of the City of Clearwater'
(from the Public Works Oept. Mission Statement) with AT LEAST the
minimum standards set forth in the Comprehensive Plan adopted by the
City of Clearwater.!
The Environmental Advisory Board wishes to thank Mr. Tom Miller, our
staff liaison, for his dedication, hard work, patience and guidance. In
addition, the Board is grateful to the City Commission for it's continued
support and for it's foresight in recognizing the ever-increasing need for
environmental concern in the City of Clearwater.
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Respectfully Submitted By,
Jill E. Melkonian, Chair
Envirolmlental Advisory Board
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CONTENTS
Ordinance....,,, ... II .... II ...... ... ... .,.. ..... .1' ...... .... ........... .... II It' ... ... It.. II ... II.. ...... .... .....
Purpose I Mission... ... .,_ ..... .... ... .......... II ...... ........ I..".....t.. ... ... ...... ... ...... ......... .._.
Operating Bylaws... ......" II ... ... ........... .... ..... ..," ...... I." I....... It ... ..... I...........t........ ..........~....
Rules of Procedure.".t ..." " .,. .,, ... .... ........ ... ... ............ II.... II ... It.. II"........ II.......... I. ....... ....
Notes, Goals and Objectives.... ...... ...... .,. ... II' ........... ..... ..... ......... .... ... ..." .,... I... I.. ....
Proposed Environmental Concerns............. .......................... ............. ..............
Defi n itions.... ... ...... ..... ..... ...... ...... ...... ...... ... .. ...... .... .. ............ ...... ...... ........... ...... ...... .. .......... ...... ...... .... .. ".. .. .... .. .... .. ".. ".... , .... , .. .... .. ...... .. .... , .."
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Sample Agenda Cover Memorandum......................... ..... ....................... ........
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Government In The Sunshine Law.................. .................................... ............
City Attorney letter... ". ... ....." ... '" ......... ........" ". ........ .... .............. ..... .,....... .... .... .... .
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OROINANCE NO. 5822-9~
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTIONS 2.160 AND 2.161,
CODE OF ORDINANCES, TO REDUCE THE NUMBER
OF ENVIRONMENTAL ADVISORY BOARD MEMBERS
FROM TEN TO SEVEN;PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section ,. Section 2.160, Code of Ordinances, is amended to read as follows:
Sec. 2.160. Creation; membership.
(1) There is hereby created the Environmental Advisory Board of the City of Clearwater.
(2) The Board shall consist of seven members who are residents of the City.
(3) Appointments shall be for a term of four years. A member, including a member
initially appointed for a term of less than four years may be reappointed for not more than one
additional term. If a vacancy occurs. a new appointment shall be made by the City
Commission for the unexpired term. Members shall serve without pay.
Section 2. Section 2.161, Code of Ordinances, is amended to read as follows:
Sec. 2.161. Officers; conduct of meetings; staff liaison.
(1) The Board shall elect from its membership a chairperson, a vice-chairperson, and
such other officers as the Board may find necessary. Each officer of the Board shall serve
for a term of one year.
(2) The Board shall adopt rules of procedure to govern the conduct of its business. The
Board shall hold at least one regular meeting every three months and may hold regular
meetings more frequently. as the Board may agree, but not more than one regular meeting
shall be held per month. A quorum shall consist of four members. In the presence of a
quorum, Board business shall be conducted by a majority vote of the members present and
voting. The Board and its members, including any member appointed to a special task force,
shall comply with the public records and public meeting laws and other applicable laws of the
State of Florida.
(3) The city manager shall designate a city employee to serve as staJlliaison for the
Board and to assist the Board in the performance of its duties, including the appointment of
a recording secretary to meet the administrative needs of the Beard. Any request by the
Board for information, reports, or other significant work efforts that will reasonably be
expected to exceed eight hours of staff time shall require the advance approval of the City
Commission.
Section 2. This ordinance shall take effect immediately upon adoption.
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PURPOSE / MISSION OF THE ENVIR~IMEt\ffAL ADVISORY BOARD
It is the resp0nsibility of the Environme~ Advisory Board to provide
citizen insight to the City Commission a"c to City Staff on
environmental activities within and affec'.rlg the City. to identify and assess
significant environmental objectives, a~ to review and provide
recommendations to the Commission 00 selected environmental
programs and projects.
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OPERATING BYLAWS FOR THE ENVIRONMENTAL ADVISORY BOARD
ADOPTED BY THE CITY COMMISSION
I. Membership and Terms:
Staff recommends that a body of seven (7) citizens who are permanent residents of
Clearwater be appointed by the Commission. Following an advertisement for interested
parties filed by the City Clerk, a pool of interested citizens will be developed.
n. Meetings, Officers and Rules:
(a) The Board shall meet monthly and at such other times as the Board, by majority vote,
may find necessary. Not more than one regular meeting per month shall be routinely
scheduled.
(b) The Board shall select a chairman, vice-chairman and such other officers as it may find
necessary, from its membership.
(c) The Board may adopt such rules of procedure as it finds necessary, which shall not be in
conflict with Florida law or ordinances of the City of Clearwater.
(d) Each officer shall serve for a term of one year.
III. Removal:
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The City Commission shall have the power to remove any member of the Clearwater
Environmental Ad'/isory Board for misconduct, any conflict or neglect of duty. In
addition, the City Manager shall have the power to remove any member because of the
unexcused absence of the member from meeUngs of the Board as provided in Section
2.006 of the City Code (i.e. three (3) unexcused absences in a calendar year).
IV. Duties:
The Environmental Advisory Board of the City of Clearwater shall provide citizens insight to
the City Commission and City Staff on environmental activities and issues within and
affecting the City. The Board will identify and assess significant environmental objectives
and review and provide recommendations on selected projects including any designated by
the Commission.
City Staff support will be utilized in categorizing issues and prioritzing resulting recommenda-
tions for Commission action. Requests for information and Staff work shall be by consensus
of the Board and in keeping with the City Commission policy regarding projects and requests
for Staff work, i.e., Staff projects or reports generated at the majority request of the Board
requiring more than eight (8) hours of work must also be approved by a majority vote of the
City Commission.
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.ENVIRONMENTAL ADVISORY BOARD
RULES OF PROCEDURE
Citizens Agenda
A. Citizens are encouraged to attend Environmental Advisory Board meetings and to
present environmental items not otherwise on the agenda.
B. Citizens should be informed that the Environmental Advisory Board is an advisory
board only.
C. The Citizen will be given three (3) minutes to present the request or concern. .
WITHOUT INTERRUPTION. (Timed) This includes charts, graphs, maps, etc., with enough
copies for each Board member plus staff (9 copies total).
D. Board members will then have three (3) minutes for question and answer period.
(Timed)
E. All comments should be germane to the subject under consideration and a courteous
manner should be maintained.
F.
The Board will then end the discussion and a vote may be taken to:
1. Table for further studylinformation.
2. Refer to Staff/another Board or Committee.
3. Forward to Commission with recommendations.
4. Take no action; deemed outside of Board's (or City's) realm; no logical
referrals.
Consent Agenda
A. The consent agenda shall include only those issues before the Environmental
Advisory Board where broad support for, and approval of, the Environmental Advisory Board
is anticipated.
B. The decision to place an item on the consent agenda prior to a regular meeting shall
only be made by the Environmental Advisory Board Chairperson during the meeting to
prepare the agenda. Any member of the EAB may recommend placement of any,new or
urgent agenda item on the consent agenda during the agenda confirmation portions of any
regular meeting of the Board.
C. During the agenda confirmation portions of a regular meeting of the Board, any
member or staff may request an item be removed from the consent agenda for any stated
reason; however, the item shall only be removed by a majority vote of the Board.
D. In considering the consent agenda, any member of the Board shall make a motion
to approve the consent agenda which. upon a second. shall be approved in its entirety by
a majority vote of the Board.
E. Failure to second or failure to achieve a majority vote for consent agenda approval
shall deem the entire consent agenda as having not been approved for each stated motion in
recommendation outlined in the agenda cover memorandum.
(continued)
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II.
Regular Agenda
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A. An agenda item shall be considered by the EAB only if:
1. It is within the City's realm or affects the City of Crearwater.
2. II addresses an issue which relates to the overall plan and vision for
Clearwater.
3. It falls under a general topic of the Board.
4. It is within the jurisdiction of the EAB, as defined within the Clearwater Code
of Ordinances.
B. Agenda Preparation.
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1. Regular agenda items for the next Environmental Advisory Board meeting
shall be established at the conclusion of the current EAB meeting.
2. Other agenda items may be submitted by any party and shall be received
by the EAB staff liaison's office, completed on the Agenda Request Forms,
prior to the Monday meeting.
3. The Chairperson is to meet with the staff liaison on a Monday. the week
preceding the next regular scheduled EAB meeting, to finalize the agenda.
4. A Board member may submit an urgent item at t!)e time the Agenda is
confirmed.
5. The individual submitting a new agenda item shall have one minute to
explain its purpose and intention to the Board.
6. At the time of confirming the Agenda, any Agenda items added since the
last meeting or any items of urgency, will be voted on by the Board to
determine whether to:
a. leave it in or place on the Agenda.
b. Postpone it.
c. Take no action.
d. Refer it.
IV. Related Rules of Procedure
A. Maintenance of Order
A Vice-Chairperson shall be responsible for insuring that the Rules of Procedure are
followed for all business of the Board.
8. Time Umits
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1. The Environmental Advisory Board shall meet on the third Wednesday of
each month. .
2. The meeting shall begin promptly at 4:00 PM and adjourn promptly at 6:00
PM providing a majority of the Board supports a motion to adjourn.
3. Extensions to the meeting after 6:00 PM shall be granted in one-half hour
time increments (or portions thereoQ by a majority vote of the Board.
4. All presentations to the Board shall be limited to ten (10) minutes, followed
by five (5) minutes for questions from Board members and responses by the
presenter. Additional time shall be granted upon majority vote of the Board to
either extend the presentation or questions and answers to facilitate complete
review of a subject by the Board or by citizens.
EAB Rulas 01 Procedure. Page 2
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Notes: 1.
2.
3.
NOTES. GOALS. AND OBJECTIVES
The goals of the Environmental Advisory Board (EAB)
need to be both general at times and specific at other times.
Specific goals need to be ever-changing and ongoing(addlng,
continuing, and deleting) to meet the ever-changing
environment and the City's demands.
The objectives necessary to follow and fulfill those goals
will also need to be flexible to meet the needs of the City
and the environment.
GOAL -
To protect our natural resources, as they are important to the
. health and welfare of our citizens and visitors.
Objective -
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Objective.
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Objective'
Objective -
The EAB should identify those natural resources that need to be protected
and preserved.
The EAB should identify those natural resources that can be effectively
managed without their endangerment.
The EAB should evaluate and identify those resources and areas that can
support proper growth and development.
The EAB should identify environmental problems and offer solutions to
preserve our natural resources.
The EAB should 'strive to protect and enhance the natural
environment in the support and promotion of programs and
projects consistent with the goals, objectives, and policies of the
City of Clearwater' (from the Public Works Department Mission
Statement) with at least the minimum standards set forth in the
Comprehensive Plan adopted by the City of Clearwater.
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PROPOSED ENVIRONMENTAL CONCERNS
(SUBJECT TO ADDITIONAL INCLUSIONS)
Municipal Wastewater/ Adverse Impact
Wetlands
Community Well-Beingl Health and Safety
Stormwater
Hazardous Materials/ Wastes - Contamination
Public Education
Land Use - Environmental Impact
Water Conservation
Recycled Water For Irrigation
Storm Drainage
Potable Water Improvement
Air Pollution! Quality
Water Quality in Waterways
Habitat Restoration
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Erosion/ Coastal Issues
Vegetation Changes - Trees, Shrubs, etc.
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Preservation of Environmentally Sensitive Land
ConseNation of Open Spaces
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Degraded Lands - Restore to Natural State
Review Ordinances (Related to the Environment)
Surface Water Quality and Flooding Issues
Boating Issues (Environmentally Related)
Comprehensive Plan/ CCMP
Watershed Management
Regional/ Statel Federal Coordination
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DEFINITIONS
ADVISORY -
advising or giving of an opinion to recommend as a course of
action; consulting; to discuss something and give or get advice.
ENVIRONMENT - surroundings; influences; atmosphere; all the conditions, etc.,
surrounding and affecting the development of an organism;
surrounding or being surrounded.
GOAL - an object or end that one strives to attain; aim.
MISSION - a special duty, function or purpose.
OBJECTIVES - of or relating to an objective or end; something aimed at;
destined, aimed at, of chief aim, of ultimate strategy.
ORDINANCE. a direction or command of an authoritative nature; a
governmental statute or regulation.
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POLICY - wise, expedient or prudent conduct or management; a
principle, plan or course of action as pursued by an
organization.
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RESOLUTION - a formal statement of opinion or determination adopted by an
assembly or other formal group.
RULES - all guidance, procedures, guidelines, instructions pertaining to
the operation of the Board.
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ENVIRONMENTAL ADVISORY BOARD
Agenda Cover Memorandum
MeetIng Oat,_
~~-"'\JECT :
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. RECOMMENDATION/MOTION.
JBACKGROUND:
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, Initiated By: I Presented By: I Costs: EM Action:
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Mayor: I Place on Agenda: I Funding Source:
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Staff: 10 Oenied , Capt. Illll.
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Citizens: Advertised: I Operating ,
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Subni tted by: Affected parties I I
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GOVERNHEHT IN THE SUNSHINE LAW
I. The "Government in the Sunshine Law,lI in one sentence:
All meetinQs of any bOdrd or commlssion of any state agency or
authority or of any agency or authority of any county, municipal
corporation, or pol itical subdivision, .
except as otherwise provided in the Constitution, at which official
acts are to be taken are declared to be public meetinQs open to the
-. public at all times, and no resolution, rule, or formal action shall
be cons i dered bind i ng excep t as tak en or made at such meet ing.
Section 286.011(1), Florida Statutes (1991).
II. The rule is broader than it appears from the statutory language:
A. "Board or commission" includes advisory committees.
B. "Meetingll includes any discussion of public or official business by
two or m6re members of the same board or committee, whether or not a formal
meeting has been called, even if official acts are not proposed to be taken (such
as a "work session").
1. An i nforma 1 meet ing or even a telephone ca 11 betwE:en two
members is a Umeeting" if the business of the board or committee is discussed.
A non-member cannot be used as a conduit or go-between, telling Member B what
Member A thinks, or Member C what A and B think.
2. There is even some authority that a single member can conduct
a "meeting" if the member has been delegated authority to act for the board or
committee, such as to negotiate a contract.
III. A proper meeting requires notice to the public, a location which is open
to public access, and a set of minutes for recording in records open for public
inspection.
A. A tape recording is not required, but if the meeting is taped, the
tape is a public record.
B. A public meeting cannot be held at a facility or location which
discriminates on the basis of sex, age, rilce, creed, color, origin, or economic
status or which oper~utes in a manner which unreasonably restricts public access
to the facility.
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IV. Each member in attendance is required to vote on official decisions and
acts of the board or committee, and may not abstain. A vote must be recorded or
counted for eilch member present. ~286.012.
A. The exception is when there would be a special private gain to the
member or to the member's employer, business associate, or relative, in which
case the member is to ?ublicly declare a voting conflict before the vote is
taken, avoid trying to influence the decision, and then file a conflict
disclosure form. gl12.3143.
B. There is an exc~ption to the exception, and that 15 when the salary,
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expenses, or other compensation of a public officer is on the agenda, in which
event the public officer shall not be prohibited from voting. ~112.313(5).
, C. Care is necessary if a bare quorum is present. Declaring a voting
conflict means that the member is not counted present; the quorum will be lost.
D. When a board member is being considered for reappointment, the number
and nature of voting conflict memoranda of conflict previously filed are to be
considered by the appointing authority. 9112.3143(5). .
V. The statute does not prohibit a member from meeting with city employees,
or meeting with a member of a different board or committee. The law does not
prohibit all social contact between members of the same board or committee, but
experienced members refrain from social contacts except at public functions.
VI. Exempt ions from the law are few in number and are genera lly unavailab le to
city boards and committees.
VII. A violation of the law carries a criminal penalty, and the act of the board
or committee may be declared void.
A Couple of Typical Questions
Q: C.an a subcommi t tee of a board or commi t tee be appo i nted as a "f act find i ng II
subcommittee?
A: There is a very limited exception for a committee established "strictly for
fact findirg." For example, in Cape Publications, Inc. v. City of Palm Ba~, 473
So.2d 222 (Fla. 5th DCA 1985), a staff committee with two non-employees sat in
while the city manager interviewed three candidates for police chief. The city
manager performed the i ntervi ews, but the comm; t tee members asked techn i ca 1
questions and offered comments on the qualifications of the applicants. They
were delegated no authority, and the city manager did essentially everything.
If they had been given the authority to screen, interview or recommend applicants
to the city manager, there would have been a violation of the Sunshine Law.
By contrast, in Bigelow v. Howze, 291 So.2d 645 (Fla. 2d DCA 1974), two county
commissioners were appointed by the county commission to go on a. fact-finding
trip to interview Tennessee officials who had worked with two firms competing for
a contract. They agreed to recommend one of the firms and met wi th a
representative of the firm, not in a public meeting, to discuss the firm's
proposal. The committee then recommended that the county commission hire the
firm, .and it did. The contract was declared void because of a Sunshine Law
violation, although the trip had been publicized in advance:
Q: Does the Sunshine Law govern a trip to inspect development projects and
I' gather information that may be useful later in evaluating a development project?
A: Yes. The trip will constitute a "meeting" from the time the members gather
until they disperse following their return. Trips are allowed if the minimum
requirements have been met; see AGO 71-361 (inspection trips) and AGO 76-14~
(bus tours of city projects).
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GOV[R~M[KT IN THE SUNSHINE LAW
The basic requirement:
All meetings of any board or commission of any. . .agency or
authority of any. . .municipal corporation. . .at which official
acts are to be taken are declared to be public meetings open to the
public at all times, and no resolution, rule, or formal action shall
be considered binding except as taken or made at such meeting.
Section 286.011(1), Florida Statutes.
The ru 1 e is broader than it appea rs from the s ta tutory 1 a ngu age. "Board or
commission," for example, includes advisory corranittees.
"Meetingll has a broad meaning. The term includes any discussion of pubhc or
official business by two or more members of the same board or committee, whether
or no t a forma 1 meet i ng ha s been ca 11 ed. A telephone ca 11 bet''l'een two members
is a "meeting" if the business of the board or committee is discussed. A non-
member cannot be used as a conduit or go-between, telling Member B what Member
A th ink s, or ~1ember C wha t A and B th ink. There is' even some author i ty that a
single member can conduct a IImeeting" if the member has been delegated authority
to act for the board or committee, such as to negotiate a contract.
The statute does not prohibit a member from meeting with city employees, or
meeting with a member of a different board or committee. The law does not
prohibit all social contact between members of the same board or committee, but
experienced members tend to refrain from social contacts except at public
functions.
)
A proper meeting requires notice to the public, a location which is open to
public access, and a set of minutes fOl" recording in records open for public
inspection. There is generally no set rule as to how far in advance such notice
must be given, or the method by which.it is given. The City Clerk will handle
public meeting notices for city bo~rds .and committees.
Each member in attendance is required to vote on official decisions and acts of
the board or committee, and may not abstain unless the member declares a voting
conflict and files a conflict disclosure form. A voting conflict requires some
special private gain to the member or a special gain to the memberls employer.
Not eve r y II con f 1 i c t 0 fin t ere s t It i s a v 0 tin 9 con f 1 i c t 0 f th e kin d pro h i bit e d by
law. No one has ever gotten into trouble for declaring a voting conflict where
a voting conflict did not, strictly speaking, exist. However, care is necessary
if a bare quorum is present, because declaring a voting conflict means that the
member is not counted present and the quorum will be lost.
Exemptions from the law are few in number and are generally unavailable to city
boards and committees.
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A violation of the law carries a criminal penalty, and the act of the board or
committee may be declared void.
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M. A. Galbraith, Jr., City Attorney
City of ClearNater, Florida
January 31, 1990
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H.:B-1J-1995 1&:46 FR01 CITY OF CLW, ENGINEERlr-.G 10
97891622
P.02
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C I T :Y 0 F C L E J\ R W ATE R
Interdepartmental Cotjespondence Sheet
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Mike F91eYt Chairman .
Envir~ental Advisory Board
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FR.\.iln!, . "Pam ~ City Attorney
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POwers and Duties of Environment~ Advisory Board
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Januarj 11, 1995
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'1'b~ Jvito~ental.~dvisOly Board was created ~ providetbe City &~o~ and st:it/\.i ;(:':;':;~;
with :ci~'insight Oil environmental activities within and affecting ~e[City.. The powers' i '.::::-: .;.
and duti~ qf the BQard are very limited. Section 2.163 of the Code sta~s that the Board:
sball Ifidentify and aSsess significant environmen~ objectives, N and,"r~view and provide,
recomm~ndations to the City Commissioo on selected environmental pfOg;iaoJ.s and projects."
In additic?~ the Boud may use staff only for projects requiring less thail eight hours without
the ~"ce approval of the City Commission. '
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The powers and obj~ctives of the Board are rtither narrow and lltin~d to an advisory,;, : ': .'
. capacity.,: The Board does Dot have regulatorY or enforcement po~ers. Actions or, "
recommendations of the Board are therefore not binding upon the aty~
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You also asked how to put an item on the City Commission agenda..This shouid be done
tbrOtlgh the staff liaisoIL If for Some reason thafpresents a proble~ I ~uld S'Oggest tbat'
yOu Co~~ the City Manager. '.;' :
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1( [ can, be of any fu1:tber assistance. please feel free to contact me.
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ORDINANCE NO. 6046-96
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AN ORDINANCE GRANTING TO GTE MEDIA VENTURES INCORPORATED
THE PERMISSION TO OCCUpy MUNICIPAL STREETS AND R1GHTS-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
EFFECI'IVE 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; minimmn stanr!;uds for cable television franchises
iInposed 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; (ill) the capacity of public rights-of-w..lY 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 fmandaI ability of the franchise
applicant to perform; and (vii) other societal interests as are generally considered in cable television
franchising. The Grantor has determined 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
c.wfranagr.007
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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 "shall" is always mandatory and not merely
directory.
UAbandonlnent" 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 Gnmtor 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" rne,ms each Person who faUs 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, dirtXtly or indirectly, a Controlling Interest; (Hi) 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 n-ean the Grantor, the entity, if any, adnunistcring some or all of tlle Access
Channels, any lilnited 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 con1mon ownership, common management, or common Control with, the Grantee.
"Basic Service" 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
requirements of Sections 614 and 615 of the Cable Act (47 V.S.C. ~9 534 and 535, respectively); (ii)
any Access Channel progranmling required by this Ordinance to be provided to Subscribers; (iii) 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. 99521-611
(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. ~9
151-611 (1993) and any amendments thereto, including amendments made by the
Telecommunications Act of 1996, Pub. L. No. 104-104, 119 Stat. 56 (1996), all of which, among
other things, are aInendments to the Communications Act of 1934,47 V.S.C. 99 151-611 (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 programming or other programming service.
"Cable Systeln" means any facility, consisting of a set of closed transmission paths and
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associated signal generation, reception and control equipment, that is designed to provide cable
service which includes video programlning and which is provided to multiple subscribers within a
community, but such term does not include (i) a facility that serves only to retransInit 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 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, including, without linlitation, working control through ownership, managemen4 debt
instruments, or negative control, as tlle case may be, of the System, the Franchise or the Grantee.
"Economically 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 return on the Grantee's investment when measured over the
remaining term of the Franchise.
"FCC" means the Federal Communications Commission, its designee, or any successor
thereto.
"Fnmchise Area" means the area consisting of the corporate Inuits 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 ofbusnless 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, departlnent 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 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 ill connection with the distribution of any Service on
cwfranagr.007
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the System or the provision of any service related activity in connection with providing Service on
the System. Gross Revenue shall not include the revenue of any Affiliated Person and other Person,
induding, without limiwtion, 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 payn1ent for the use of the System for the sale
of such merchandise, which portion shall be included in Gross Revenue).
UNoncable Service" means any Service which is distributed over the System, other than a
Cab Ie 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 legaJly recognized entity, whether for-profit or not-far-profit, 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.
"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.
"State-of-the-Art" or "St.'de of the Art," as applic~ble, 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" ~ans the Cable System which is to be constructed or leased, operated, maintained
cwf ranagr .007
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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) TIlerc is hereby granted by Grantor, to Grantee, the rights and privilege to construct,
erect, operate, own and tnaintain, in, upon, along, across, above, over and under Rights-of-Way now
laid out or dedicated, and all extenskms thereof, and additions thereto in the Grantor, poles, wires,
cables, underground conduits, manholes and other comtnunication 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, mlY public utility, rented or leased from other persons, including, but not
liInited to, other grantees franchised or pennitted to do business in the City. Tlus Franchise is
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) TIle 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 more 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 - Defmitions; 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
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 determination, renegotiate the terms and conditions of this Ordinance as provided below.
The Grantee Inay only request such a determination if the Grantee is in substantial compliance with
cwfranagr.007
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-
-
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 IUllited to: (i) the term of each franchise; (ii) the franchise fee to be paid by each franchisee,
induding the Grantee; (iii) 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
permitted 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
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 this Ordinance shall be construed to prohibit the Grantor from (i) operating
as a multichannel video progrannning 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 prograrnming distributor.
(F) Nothing in this Ordinance shall (i) abrogate the right of the Grantor to perform any
public works or public improven1ents 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 SysteITI 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 eliminated, discontinued and closed, the
Franchise shall cease with respect to such Right'l-of-Way upon the effective date of the final action
of the Grantor with respect thereto.
(0) 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 circumstnnces.
cwfranagr.007
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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), 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)--
(1) The Grantee shall pay to the Grantor franchise fees offive percent (5%) or the
Inaximum alnount permitted by the Cable Act if hereafter adopted by resolution of the
Grantor.
(2) All such payments of franchise fees shall be made on a quarterly basis and shall
be remitted simultaneously with the sublnission 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 cIainl 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 payrrent 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) U the Grantee collects from Subscribers any amounts to be paid to leased
access programners for the provision of Services on the System tJmt would not otherwise be
cwfranagr.007
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, ' I . t. r; ,~ ' ... ,:, . ~ " '... .,' , . I "j " . . ,... .... "-. - . ..~-
included in the definition 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 (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~ets the requirements 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
any fees or charges which may be imposed on the Grantee for the use of poles, conduits or similar
facilities that nlaY be owned or controlJed by the Grantor) which the Grantee or any Affiliated Person
shall be required to pay to the Grantor.
(C) If any payncnt 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 period of delinquency.
(D) In the event the Grantee continues to operate all or any part of the System after the
tenll of the FrdI1chise, 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 t11ird 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 t11ird parties (induding, but not limited to, attorneys and other
consultants) in connection with any future renegotiation, transfer, amendment, renewal or other
modification of t11is 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.
cwfranagr.007
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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-nine
(79) activated downstream video Channels, and a minimunl upstream capacity of thirty-five (35) Mhz,
an emergency override Inechanism, and the otller 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 requirements or procedures reasonably specified by the Grantor. All
work involved in the construction, operation, maintenance, repair, upgrade, and removal of the
System shall be perfonned 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 linlitation, 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 slIch 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, 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
en~rgency, public work, public improveIren~ alteration of any municipal structure, any change in the
grade or line of any Street, or the eliInination, discontinuation, ami dosing 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 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
(2) The performance bond shall be in a face amount of One Hundred Thousand
Dollars ($1 ()O,OOO.OO).
(3) The performance bond shall indemnify the Grantor, up to t.he 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 tJle 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 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 tennination of this Ordinance, at the election of the Grantor, pursuant to this
Ordinance; (viii) tJle 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 dmnages 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 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 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 tile tenn 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 perfonllance 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 chaJIenge
by the Grantee to the propriety of said withdrawal from the performance bond. If a court
detennines 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 L;ure any breaches of obligations for which the performance bond acts a security,
L;wfranagr.007
10
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provided, however, that the Grantor shall not make any withdrawals by reason of any breach
fur which the Grantee has not been given writtcn noticc and an opportunity to cure pursuant
to Section 15 of this Ordinance, including noticc 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'5 nearest activated
coaxial distribution line, and includes one (1) outlet and standard materials.
(B) If making service available requires more than a Standard Drop (such as a wall fish
installation), Grantee may, after so informing the subscriber, charge the subscriber (i) the standard
connection charge and (ii) an amount equal to tile reasonable actual labor (including wages, benefits
and payroll taxes), materia! 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 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 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 cOllllnercial, 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 stlltement that such costs shall only apply if all (or a specified percentage) of
the other potential comn~rcial, industrial or non-residential customers in the service area defined by
Grantee also request comparable service, and (ii) offer to provide the potential cllstomer reque'iting
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 custon~r 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
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the IlHvest possible group rates; provided, however, that Grantee shall only be required to provide
such a list of nan~s and addresses if a commercial service is reasonably available to provide Grantee
with such a list. Grantee may require that such customer or customcrs enter contracts which will
reasonably assure adequate revenues to provide Grantee with recovery of the full costs and expenses
of constructing ,md operating the line extension, including a reasonable return on investment over the
first five years of operatiun. Grantee shall provide the City with one (1) copy of the written cost
estimates and any list of names and addresses of potential customcrs 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 of video programIning 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 determined 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 determined 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 induding the basic service tier containing over-the-air local
broadcast stations and all public, educational and goverIlIlCntal access channels required to be carried
on basic, together with the inlmediately 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 programnung, including a la carte sef'/ices, premium and related
services (such as DMX, Disney, HBO and Showtime) and any pay-per-view or per-event
programnling (such as Action, Request or Viewer's Choice). Such cable service shall be provided
without charge and at no lnonthly 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; (iii) that Grantee is able to secure all necessary rights-of-way upon reasonable tenns 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
custs for labor ami materials, together with a reasonable allowance for overhead not to exceed fifteen
cwfranagr.007
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percent (l5%)~ 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 indude, 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 Courthouse
315 Court S1.
3.
City of Clearwater Fire Department
610 Pierce St.
8.
Pinellas County
310 Court S1.
4.
City Hall
112 Osceola Ave.
9.
Pinellas County
440 Court S1.
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 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 -- Fees and C.harges
(A) General requirements--
cwfranagr.007 13
( I) The Grantee shall comply at all till-cs with the provisions of the Cable Aet and
FCC rules and regulations applicable to rates and charges for any Service and the associated
tenn'i and conditions for the provision of any Service.
(2) During the tenn of this Ordinance, the Grantee shall maintain with the Grantor
a complete listing of fees, charges, deposits and assodated tenns 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) sublnit a revised listing of fees, charges,
deposits and associated terms 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 discrilnination between or among any
Persons in the rates, teons 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; (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.
~ 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. TIle 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
cwfranagr.007
14
uf the Responsible Franchising Official, such Subscriber information as may be reasonably requested
by the Responsi hie 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
cunstruction, 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,
ami 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
infonnation, 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 Frandlise 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 tennination of this Ordinance.
(D) The Grantor's rights of inspection and audit shall include--
(1) Upon notice to the Grantee, the Grantor or its designated representatives, shall
have the right to examine, when reasonably necessary to the adlllinistration 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 nonnal 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 equipment thereof.
(2) Access by the Grantor to any of the documents, records or other information
covered by this Section 13(0) shall not be denied by the Grantee on grounds that such
documenl'), records or infonnation are alleged by the Grantee to contain proprietary
inforn1ation, provided that this requirement shall not be deemed to constitute a waiver of the
cwfranagr.007
15
..
:". , ~ .' .' . "'. .~ ._. ", 4.... ._~~
Grantee's right to assert that the proprietary infomHltion contained in such documentl;),
records or other information, should not be disclosed and to withhold such infonnation 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 infonnation 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 lllilY 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 term 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
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 tllfough 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 otllenvise, 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 -- Specific Rights and Remedies
(A) The Grantee agrees that the Grantor shall have the specific rights and remedies set
forth in this Section 15. TIlese rights and remedies are in additilJn to any and all other rights or
r~medies, now or hereafter available to the Grantor to enforce the provisions of this Ordinance, and
cwfranagr.007
16
will not be deemed waived by the exercise of any other right or remedy. The exercise of any such
right or renlXJy by the Grantor shall not release the Grantee from it'! 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.
(8) 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 fail ure 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
Systeln;
(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 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 sueh 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 sitllilar official pursuant to state or local laws;
(e) A persistent failure by the Grantee to comply with any of the
provisions, tenus 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) Draw upon the Perfonnance Bond, as pemlitted by this Ordinance;
and/or
(b) Require the Grantee to take such actions as the Grantor deenlS
appropriate in the circumstances; and/or
cwfranagr.007
17
(c) Seek money damages from the Grantee as compensation for such
Event of Default; amVor
(d) Seek to obtain the appointrrent of a court-appointed trustee or similar
Person to take any actions which the Grantor deentc; appropriate in the circumstances;
and/or
(e) Revoke the Franchise by temlination 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) m
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 Of, 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 fOf accomplishing such cure.
(b) The Responsible Franchising Officinl 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 recOIrunend 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 detennination shall conclude the investigation.
(d)
If the Grantor's governing body determines that such Event of Default
cwfranagr.007
18
" : ~ .' ~~"''''.~' .. . , . ,. " I ~.. ,~._,-.-.--
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(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
(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.
(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 tu 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 reasonablejudgment of the Grantor, the Grantee fails to substantially
conlplete 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
19
by the Grantor fur 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
Grantur within such pcriod, then all such portiones) of the Systcm 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 110 pricc due to the Grantee.
(4) U pun 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 termination as follows:
(a) if the Franchise expires without the Grantee seeking removal or if the
renewal is denied, then the price shaJI 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 docun~nts 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 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
cwfranagr.007
20
terminate the Franchise ilml all of its obligatiuns undcr this Ordinance and transfer all of its rights in
or to the System to its afliliatetl telecommunicatioJls company, GTE Florida Incorporated ("GTEFL")
under the following circumstances:
(1) At any tin~ following sixty ((lO) days' prior written notice to the City (or such
shorter prior written notice as may be required under un 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 at:ting as a t:able operator within the City or otherwise complying with the
material tcrms of this Prallchise Agrcemcnt.
(2) At any timc following sixty (()()) days prior written notice to the City, if
Grantee determincs in the good faith exercisc of its business judgment that developments in
applicable law or tcchnology indicate that video consumers in the City can be better served
by Grantce and/or its afliliate, GTEFL.. through a mode of operation inconsistent with or not
within the scope of this Franchise.
(3) Within ninety (~O) days aftcr 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 terminate under tllis 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.
(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 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 requiren~nts, 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 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
any applicable COllllllon 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 pennissible operating business
parameters of the new mode of Grantee's operation.
Section 16 -- Liability and Insurance
(A) Prior to COl11mencen~nt of construction, 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 fumish 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.
(B) Neither the provisions of this Section or any darnages recovered by the City hereunder,
shall be construed to or llinit 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
cont.ain 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.
CD) 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/lnsured agrees to indemnify, 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 from any and all lawsuits, claims, demands,
liabilities, losses and expenses, including court cost\) 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 tIlls 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.
c wfranagr. 007
22
tF) 11le City shall be nan~tI as an additional nal1~ 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 determination of the City: provided at no tilne 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 occurrence;
(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.
(1) 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, autonlobile liability insurance for owned, non-owned, or rented vehicles in the lninimum
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 hereunder specifically agrees that it will
maintain tIuoughout the term of the Franchise, Worker's Compensation and employer's liability, valid
in the State, in the minimum amount of:
(1)
Statutory limit for Worker's Compensation.
cwfranagr.007
23
(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 tenn or provision of this Ordinance~ provided, however, that the Grantor or the
Grantee may challenge any provision of tJlis 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.
(8) 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
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 performing any act required by any provision of this
Ordinance, then ,the Grantee and the Grantor shall enter into good faith negotiat.ions 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 requirement,
to the maxinlunl extent consistent with said declaration or requirement. In connection with such
negotiations, the Grantor and the Grantee shall consider whetJler the circumstances existing at that
thne 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
COI1IDlUnity, 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, amendmen4 modification, change or interpretation.
Section 18 -- Miscellaneous
(A) Controllin~ 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.
cwfranagr.007
24
(C) Enforceability of ^1:reement: No Opposition. By execution of this Ordinance, the
Grantee ucknowledges the vulidity of the terms 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 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 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
CWFRANAG.007
25
. ~ ~ . ~ . ~,- -" ,:: I ~ t. '. . . \.,.. ,_.. '" ~ : ~ ',' , ~~'f - ~ -~ --
System or Cable Communications Systems which contain provisions inconsistent with this Franchise
shall prevail only if upon such exercise, the Grantor finds an emcrgency exists constituting a danger
to health, safcty, 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 t11eir respective successors and pem1itted transferees and assigns. All of the
provisions of this Ordinance apply to the Grantee, its successors, and assigns.
I
(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, 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 induding, 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 tenns and conditions of this Ordinance.
(H) Severability. If any section, subsection, sentence, clause, phrase, or other portion of
this Ordinance is, for any reason, declared invalid, in whole or in part, by any court, agency,
comm.ission, 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 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.
(1) Governing Law. This Ordinance shall be deemed to be executed in the City of
Clearwater, Florida, and shall be goven1ed 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 perfonned entirely within that Slate.
(K) Survival Alllepresentations and warranties contained in this Ordinance shall survive
the tenn 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 tllis 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 terms and conditions of the delegation not in conflict with this Ordinance. Any
CWfRANAG.OO7
26
such delegation, revocation or redelegation, no matter how often made, shall not be deemed an
amcndment to this Ordinance or rcquire any con~ent of the Grantee.
(M) Claims U nller 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 St~lte Court"). To effectuate this
Ordinance and intent., the Grantee agrees that if the Grantor initiates any action against the Grantee
in Federal COllrt or in rlorida 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
111ay 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,
shall be a.n~nded 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) Delays and Eailures Beyond Control of Grantee. Notwithstanding any other provision
of this Ordinance, the Grantee shall not be liable fur 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)t insurrection, riot~ act of public enemy, accident
fire, 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 perfonn 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
tltis 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
Comnussion's approval of this Ordinance by filing such written acceptance with the City Clerk.
CWFRANAG.OO7
27
.
.
Section 20 n Effective Date
This Ordinance shaH take effect immediately upon adoption.
PASSED ON FIRST READING
June 6, 1996
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey, Mayor-Comm..issioner
ATTEST
Cynthia E. Goodeau, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Pamela K. Akin, City Attorney
CWFRANAG.OO7
28
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 reseNed 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 um
CIN
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
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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
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 supeNise 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 seNiced 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), QR860
(express)
Underground: Comscope QR540 and QRB60
Drop: Comscope RG6 & RG11
~: General Instruments, 4 Hybrid Output,
Powering Doubling, 750 MHz
Line Extenders: General Instruments - AGe (Automatic Gain Control)
Capable LX
Power Supplre.s: Power Guard Standby Battery Supplies,
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6 amp 12 amp 15 amp
SJ:2.li11er.s: General Instrument - SSP-K
~: General Instrument FFT-K
Connectors:
Gilbert
- GRS-540
- GRS-860
Pedestals:
Channel SPH Series
Converters or Other Subscrib.eLEquipmeot: General Instrument
CFT2200, DCT1000
Sat~l.li1e...Receive Stations: Scientific Atlanta Satellite Disk 4.5 Meters Noise
Block Converters
General Instrument Receivers Video Cipher II +
DSR1500lRD
f. eonverters. 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 seNice 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:
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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 performance 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 performance 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 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 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-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 predominate.lY carry programming services available to
cable systems throughout the life of the Franchise.
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0531961708
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.
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 seNices 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
CWOO1.APA
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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, 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.
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 eode
goveming construction within public rights-of-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
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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.
.
.
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.
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.
1. 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.
CWOO1.APA
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APPENDIX B
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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
procedu res 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 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
2
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
3
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closing of any Street.
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APPENDIX C
PEG MATTERS
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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. ~ccess Channe~. 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 eable 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 EQuipment, Eacil~QQ[t. Grantee agrees
to pay to the Grantor, within thirty (30) days after the effective date of this Franchise
2
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 equiplnent for government
access programming. Grantor shall provide Grantee with an accounting for such funds
within one (1) year of receipt.
c. .e.u..bli.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
Year 5
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
$125,000
.$J25.00Q
$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 fOf 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
3
continue to provide some support to the eity, 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
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 programm ing 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 determ ine, and Grantee shall provide Grantor, on
request, with a summary of its activities in this regard.
E. Singla..Entity Administration QlEQucationalLE.u.bJic Access Channels ancj
~. 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 tor 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
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APPENDIX 0
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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SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
" SECTION 6
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SECTION 7
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SECTION 8
"
, SECTION 9
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" SECTION 10
SECTION 11
SECTION 12
APPENDIX E
CUSTOMER SERVICE STANDARDS
INDEX
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Page
SOLICITATION OF SUBSCRIPTIONS ...................... 3
TRAINING OF EMPLOYEES; TELEPHONES ....... . . . . . . . . .. 5
BilliNG .................... II . . . . . . . . . . . . . . . . . . . . . . . .. 6
EQUIPMENT PROVIDED BY THE GRANTEE. . . . . . . . . . . . . . . .. 9
OUTAGE CORRECTION AND REPAIR SERVICE ............. 9
SUBSCRIBER COMPLAINTS ............................ 11
NOTICE ............................................. 12
TERMINATION OF SERVICE AND DISCONNECTION. . . . . . . .. 13
CREDITS AND REFUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
MISCELLANEOUS REQUIREMENTS .. . . . . . . . . . . . . . . . . . . .. 15
FAILURE TO COMPLY WITH THESE REQUIREMENTS. . . . . .. 16
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
2
APPENDIX E
CUSTOMER SERVICE STANDARDS
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 alone or in
com bination;
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;
3
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
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 prem ises 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 QlaLLocatlons. 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.
1.4 Procedure to.r.JnstaUation.
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.
4
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.
1.4.3 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.
1.5 Becor~eQuests 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 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 members 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.
5
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, perm it 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 (iji) 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 a~er the answering
seNice or automated device takes the message.
2.3 Standard.J2.f SeNice f..or..1b.e..Ieone 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 (30) seconds. Subscribers shall receive a busy signal less than three
percent (30/0) 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 sUNeys 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 ItJ.e.J=ormat of a Subscriber's BiU
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
6
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.
3.1.3 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 ~o refuse a cable operator's proposal to
provide such SeNice 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 CQUectinQ-Late B.ills.
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 seNices 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 seNice 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 !mpending 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 Erocedure fQL1h.e..B~gj)isputes
7
.
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 Collection Agency
3.5.1 If the billing dispute resolution procedures have not been
initiated, the delinquent account may be referred to a private coUection 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 of -.EQuipment 1.oJ3.e..Providad
4.1.1 The Grantee shall supply a closed caption decoder to any
hearing impaired Subscriber who rE:.'quests 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. 99543 and 544a).
4.2 Terms fmBentaL.aru:lLoaner 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 interruption of Service. The Grantee shall exercise its best efforts to
limit any scheduled interruption of any Cable SeNice 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. ,
5.2
Made.
Jime Period.s..by Wb.iQh Outages Mu.s.1J3e Corrected anQBepairs
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
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 the
Fee's technical signal quality standards (47 e.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 seNice 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 seNice 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 foHowing 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 toLRepair Servic~. The Grantee shall not impose any fee
or charge any Subscriber for any seNice call to his or her premises to perform any
repair or maintenance work.
5.5 Service Ca~Provided on a Nondiscriminatory 8asi&. The
Grantee shall provide all seNice calls throughout the Franchise Area on a
nondiscriminatory basis.
10
5.6 Becords olRepair Seryice BeQuests.
5.6.1 The Grantee shall keep records capable of showing all
requests for repair seNice 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 (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 ~he.Beso/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 .Befe.rraL.Qf 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.
11
I " ,
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
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 othelWise 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 BeQuired
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 seNices 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 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
12
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. I .
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 NQtice oQermination 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 return~d to the Subscriber no later than after
twelve consecutive months of no delinquent payments by such Subscriber.
8.3 Lengtb..QLTime toDisconnection. 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 SQb.e.duJing Appointment~. 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 seNice 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.
I
8.6 cHon. 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 Ground.s. 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 Grantee1s 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 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 SeNice 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
14
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(v) for the improper termination of seNice 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 .caI.c.ulati.Qn. 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 .Gre.d.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 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 .Befuo.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 seNice 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
f .' .
and repair seNice may be obtained by telephoning the Grantee at a designated
telephone number.
10.3 Cr.edlts. In the event applicable law permits, at any time during the
term of this Ordinance, the Grantor requires the Grantee to retroactively decrease or
"rollbackn 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 COMPL V WITH THESE REQUIREMENTS
11.1 MateriaLAeQuirements.
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
Defau It.
11.2 Liabi.lit}dor Contractors'/Subcontractors' Ea.i.lum..Jo Comp~. 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 committed by its contractors,
subcontractors, or agents just as if the Grantee itself had committed the breach.
.
16
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SECTION 12
DEFINITIONS
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 blormal Operating Conditions. The term "normal operating
conditions" means those seNice 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.
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Item #
B /0 1--
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
~
Meeting Date
0~' ao.c1~
SUBJECf: Vacation Request 96-06 (City of Clearwater)
RECOMMENDATIONIMOTION: Approve the City's request to vacate a 15 foot Utility easement lying on the West
7.5 feet of the South 166 feet of Lot 3, the East 7.5 feet of the South 166 feet of Lot 4 and the East 15 feet of the North 162
feet of Lot 13, of PinelJas Groves Subdivision of the Southwest one quarter of Section 1, Township 29 South, Range 15
East, and pass Ordinance 6053-96 on the first reading.
SUMMARY:
. This easement lies on land owned by Pinellas County, and is known as the "Alligator Creek Multi-Use Facility."
. PinelJas County has constructed a drainage improvement project on this land.
. A portion of the City's 12" sanitary sewer line, crossing the County's land, had to be relocated at County expense in
order to complete the project.
. Engineering Services initiated this vacation at the request of Pine lias County.
. The County is in the process of reviewing and preparing an easement to the City for the relocated sewer line.
. General Telephone, Florida Power and Time Warner have reviewed the request and have no objections to the vacation.
. The City Engineer recommends that this vacation request be approved.
legal 9~--
Budget N/A
Purch/5slng N/A
Risk Mgmt. N/A
Engineering
Costs:
N/A
Commission Action
Reviewed by:
Originating Dopt.
(Current FYI
Approved
User Dept.
Funding Source:
Approved
w/conditions
Public Service
Capt. Imp.
Denied
Advertised:
Operating
Cont'd to
IS
Date: 6/06/96 & 611 3/96 Other
ACM
Paper: Tampa Tribune
ENG.
Not required:
OTHER
, Affected pllrtios
is'I! notified
Appropriation Code(s)
Attachments:
x
Subni<<ud By:
N/A
Application
Ordinance 6053-96
Loc..'ltioll Map
?J~
City (;i,ltQtJ7 .
Not Roquired
VAC9606 CITY OF CLEARWA1Hl.AGN
Vacation Number 96-06
city of Clearwater
VACATION REQUEST
PRO C E 8 8 I N G SHE E T
PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE
NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW:
REFERENCE ATLAS SHEET NO 262A
SECTION 01 TOWNSHIP 298 RANGE 15E
1 .
ENGINEERING S~ICES: /f/ ~ t
REVIEWED BY: ~ APPROVED BY: l../(/J?C(' (/ 7P* DATE -4-2'\ 'J (:
COMMENTS: Pinellas County is in the proces o?~Pleting its
"Alligator Creek Multi-Use Facility" on the South side of Sunset
Point Road and West of Hercules Avenue. This construction
necessitated the removal and relocation of the City's existing 12"
sanitary sewer line. Engineering has no objections to vacating those
portions of the existing utility easements, lying on County property,
not needed for the sewer line.
2 .
CENTRAL PERMITTING DEPARTMENT: p
REVIEWED BY:AO 'f/Z/'1G APPROVED BY: ...cJ.~~L DATE:~..2!9~
COMMENTS: 7i:G.
The Central Permitting Department has no objections to this Vacation request.
3.
GAS DEPARTMENT: ~
REVIEWED BY: ~/~l!hb6iV APPROVED BY: 1tdt-./J~ _. DATE: 'i!)j9C
COMMENTS: ""'7'1
The c.1f?arl-V'Clter~-f" Sy~fe1J1 fzct, {Ie' obJ&ct/0t15' To rite P"'cfo~ iklccrr/OJ'l
c
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CITY ENGINEER:
REVIEWED AND APPROVED BY:
COMMENTS:
DATE:
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------------------------------------------------------------------
ADVERTISING DATE:
06/06/96
AND
06/13/96
PUBLIC HEARING DATE:
06/20/96
COMMISSION ACTION:----APPROVED----CONTINUED----TABLED----DENIED----
ORDINANCE NO.
DATE OF ADOPTION
RECORDED IN O. R. BOOK:
PAGE:
LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION
VACATION CARD FILE:
REVISED 06/95
V9606. WJS
CITY OF CLEARWATER - ENGINEERING SERVICES
P.o. BOX 4748, CLEARWATER, FL. 34618-4748 PH. (813) 462-6970
FORM NUMBER
1326-0104
VACATION
REQUEST
FILING
FORM
1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE:
NAME: Richard J. Baier, City Engineer
PHONE: 462-6042
ADDRESS:__P.O. Box 4748, Clearwater, Fl. 34618-4748
HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE
VACATION OF THE FOLLOWING:
~ EASEMENT TYPE:_Utility___
DALLEY
D RIGHT-OF-WAY
D OTHER
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF
AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM
WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY
DESCRIBE HOW MUCH TO BE VACATED.
See attached Exhibit "A"
3.
STREET ADDRESS OR SIMPLE LOCATION:
"
';
~
1900 Block of Sunset Point Road
4. PROPOSED USE OF VACATED PROPERTY:
Pinellas County's "Alligator Creek Multi-Use Facility"
5. ZONING OF ADJOINING PROPERTY:
City Portion: P/SP
County Portion: AE & Ml
i ~~~~O~. WJX
Printed on recycled paper
o
I FORM REVISED
.. 08/22/95
PAGE 1 OR 2
~
. I
I
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6.ATTACHMENTS:
LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN
EXISTING ENCROACHMENT.
X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY
--
(SURVEY, PLOT PLAN, ETC.)
X SEE ORDINANCE 5969-96 (ATTACHED) FOR FEE SCHEDULE
THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED:
(LIST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED)
X FLORIDA POWER CORPORATION
X GENERAL TELEPHONE COMPANY
X TIME WARNER CABLE
OTHER
7. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT)
NAME: __City of Clearwater
PHONE: 462-6042
ADDRESS: P.O. Box
Fl. 34618-4748
8. OWNERS SIGNATURE
STATE OF FLORIDA}
COUNTY OF PINELLAS}
The foregoing instrument was acknowledged before me this ~ 38P f'f)::L~ l':l~ (p
by Q~('''lt-f'J ~ YJ.p.,,\.;?.\ , who is~rsonallY knowI9to me or
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who has produced
as identification
and who did (did not) take an oath.
lli~~o ~ Q, ~c9~~
-1ll i Co ~ R. ~ ~ kf\\ .4"
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Notary Public, Commission No. Q~31'~4-11
(Name of Notary typed, printed or stamped)
Printed on recycled paper
..~..-.~.~""
,-- OfHClXGTOTt,.K'{ ~;~AL
C,. .. re"-" (\ 0,1
ALl J::' \', r. 1..'11 .; .
....l"""xARY PUl!.LiC ~:;rAoIE OF nDR1Drl
\ l',J,I\, CC~'3n7
t. CO~v'iMlSS1ON NO. J1'
MY CO:"1MIS310N EXP2C1". 2.1997
--- PAGE 2 OF 2
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VACAlt: IS' UTILITy EASE~rNl
The Soulh 166.00 leel 01 0 Permanent Utllily Eosemenl o""r I"e East 7.50 "'el of Lot 4 ana
Over Ihe West 7.50 feet of Lot J m Sw 1/4 of Seclion I, Township 29 Soulh. Range 15
Eos\, of Pinellos Craves os recorded in PIO\ BOOl< I, Page 55 of the PubliC Records 01
Pmellos Count y. nO/ldo
ANO
The North 162.00 'eet of 0 Permanent Utility Easement over the Eost 15.00 feet of Lot 13 in
the SW 1/4. of Section I, Township 29 South, Range 15 Eo.\, of Pinello, Oro"'!s, os
recorded in Plot Book I, POQe 55 or the Public Records of Pinellos County, rlorido,
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951J1.[J",CJ J/07/9b
______________._____.._._...__.______.__________E~~..B_~.__..._.., _ I
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING PORTIONS OF AN EXISTING 15'
UTILITY EASEMENT, LOTS 3, 4 & 13 PINELLAS GROVES
IN THE SW 1/4 OF SECTION 1, TOWNSHIP 29S, RANGE
15E; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater, owner of real property located in the City of
Clearwater, has requested that the City vacate the utility easement described in Exhibit A
attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
~. The following:
The South 166.00 feet of a Permanent Utility Easement over the East
7.50 feet of Lot 4 and over the West 7.50 feet of Lot 3 in SW 1/4 of
Section 1, Township 29 South, Range 15 East, of Pinellas Groves as
recorded in Plat Book 1, Page 55 of the Public Records of Pinellas
County, Florida;
and
The North 162 feet of a Permanent Utility Easement over the East
15.00 feet of Lot 13 in the SW 1/4 of Section 1, Township 29 South,
Range 15 East, of Pinellas Groves, as recorded in Plat Book 1, Page
55 of the Public Records of Pinellas County, Florida.
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
~. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Ordinance No. 6053.96
r..'i':):"'!t',, .>.. ",
",-~... -"'," .~,-...... -- ".
, .... ....' .. .. ~ ....'...'. -.. ..~." ~ '. . ....
~. 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
and legal sufficiency:
Attest:
~~-
Jonn Carassas
Assistant City Attorney
-
Cynthia E. Goudeau
City Clerk
"
Ordinance No. 6053-96
~',~.
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EXHIBIT
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VACA Tt IS' UTILITY [AS[L4E:NI
The Soulh 166.00 leel 01 0 Permonent UUily Eosemenl over Ihe Eoat 7.50 1..1 of Lol .. ond
ove' tho 'Nul 7.~ 1001 01 Lol J In Sw 1/4 of Soc:licn I, TownShip 29 Soulh, Range 15
Eoat. 01 Pinellos Cto,," os 'ecorded in Plol BOOI< 1. Po~ 5~ of Ihe Public Records of
Pinelloa County, ne<lCla.
AND
The Norlh 162.00 I.el ot a P.,.manenl UUily Eo.-t over the Eoal I~.OO r.., 01 Lol 13 in
Ihe SW 1/4 of Secl.OI'l 1. Toomship 29 South, RON)I 15 EOII, ot Plndoa Grov.-. oa
rKorcled in Plol Book I. Poge 55 or Ihe Public: Recorda 01 Pinetlo. Count)', r1orido,
1.11
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----------1,.---------- .
"1-
95131 Deq J/01/~6
ORA~~cL._.___
Item #
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
o
Meeting Date
SUBJECT: Vacation Request 96-08 (S1. Vincent DePaul)
{( , ,.? 6 ,C( (;
RECOMMENDA TIONIMOTION: Approve the applicant's request to vacate the North 10 feet of the existing 30 foot
drainage and utility easement, lying South of and adjacent to, Lot 13, Block 6, Revised Plat of Brookwood Terrace
Subdivision, less the East 5 feet thereof, and pass Ordinance 6050-96 on the first reading.
SUMMARY:
· The existing Drainage and Utility Easement was retained when the platted right-of-way for Park Street was vacated in
1960.
· The applicant is proposing to build a 8200 square foot shelter for the homeless.
· The building and handicap ramp will encroach approximately 10 feet into the easement.
· The City has no existing utilities within the easement to be vacated.
· Florida Power, General Telephone and Time Warner Cable have no objections to the vacation.
· The City Engineer has reviewed the comments submitted by the reviewing departments and recommends the applicant's
request be approved.
/'
Originating Dept.
Engineering D~~m%
Costs: NA
Conunsslon Action
Reviewed by:
Legal
~
.
(Current FYI
Approved
Budget
NA
User Dept.
Funding Source:
Approved
w/conditions
Purchasing NA
Capt. Imp.
Denied
Risk Mgmt. NA
Adwrtlsed:
Operating
Cont'd to
IS
NA
Date: June 6 & June 13, 1996 Other
ACM
(/}1>~J{
Paper: Tampa Tribune
ENG.
Not required:
OTHER
NA
Affected parties
notified X
Appropriation Codelsl
Attachments:
Subnitted By:
City Manager ~~tw(,.6
NA
Application
Ordinance No. 6050-96
Location Map
Not Required
VAC9608.AGN
OS/16/96
- '- - .-- --~....... ,- --~- -.
~ '
.
.
.
.
Vacation Number 96-08
list. vincent DePaul"
V A CAT ION R E QUE S T
PRO C E S SIN G SHE E T
PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE
NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW:
REFERENCE ATLAS SHEET NO 281BJG-9 SECTION 15 TOWNSHIP 298 RANGE 1SE
1.
2.
3.
4.
ENGINEERING SERVICES: ~~
REVIEWED BY: ~ APPROVED BY: r () DATE: !-JP-jl
COMMENTS: The applicant is requesting e vat' of the r
North 10 feet of the 30 foot Drainage & U li Easement
lying South of Lot 13, Block 6, Revised Plat f Brookwood
Terrace. The applicant is proposing to construct a shelter
for homeless people which will encroach 10 feet into the
easement. The City has no existing utilities within this
easement. Engineering Services has no objection to this
vacation request. Florida Power, General Telephone and
Time Warner Cable have no obj ection to' this vacation
request.
CENTRAL PERMITTING DEPARTMENT: ~/~ /l // A
REVIEWED BY: ~.~ APPROVED BY: -( flJAI/' l (,.../,
COMMENTS:
DATE: S- - 11- 4z .~
The Central Permitting Department has no objections to this vacation
request.
GAS DEPARTMENT: ~~
REVIEWED BY: r~ APPROVED By:r~rt~
COMMENTS: 7/Jt=- Clec',-u. Ct1'er GcI~ Sy~ has 11(; chiet.t1cy1 TO rhlj
Vac tN7CJl reqtJ~
DATE:qz/clfD
CITY ENGINEER: ,;;A.- /I. () .
REVIEWED AND APploJED BY: ~ J ~\.~ DATE:
COMMENTS: No objections to this vacation, sJbject to the easterly
5 feet being retained as an easement.
:)r3/~
-------~--~------~--~-----------~--------------------~--~---------
ADVERTISING DATE:
06/06/96
06/20/96
06/13/96
AND
PUBLIC HEARING DATE:
COMMISSION ACTION:----APPROVED----CONTINUED----TABLED----DENIED----
ORDINANCE NO.
DATE OF ADOPTION
RECORDED IN o. R. BOOK:
PAGE:
LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION
VACATION CARD FILE:
REVISED 06/95
. . ..... . . {.. ,'. . . . . .~ _ _ _ ..
CITY OF CLEARWATER - ENGINEERING SERVICES
P.o. BOX 4748, CLEARWATBR, FL. 34618-4748 PH. 813 462-6970
V A CAT ION R B 0 U B 8 T
F I L I N G FOR H
FORH NUKBER
1326-0104
,
... .
NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE:
NAME: ;0/11 ~ Y f.,~ tI ~ p t' /J~,f/ .
. I
ADDRESS:/JfJ /fI/f/( Sf. tLccvtfiV/trfN
PHONE:f.(1JY7ll~3 7ft)
HEREBY PETITION THE CITY COMMISSION OF THE CITY
VACATION OF THE FOLLOWING:
o EASEMENT TYPE:
DALLEY
OF CLEARWATER FOR THE
D
D
RIGHT-OF-WAY
OTHER
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF
AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM
WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY
DESCRIBE HOW MUCH TO BE VACATED.
jflee J "I frtf/ll f/;~ ;Y'()~rh' S/(fe. 0 r e~seJ1J s/l/7' Nk.-;V4///V(j
-i'IJe s"ufA tJl'c/e. of t'he.- IIf/!JjleKty of /0 r /..1/ "J.t)d(~,
P/..!J T Ecalr J> I '? II r;~Jf,
STREET ADDRESS OR SIMPLE LOCATION: . > -f/~4s Pj1i';{(r
i/l>pri It:J-t () # ~1Je, [I/~~t s/-ue, V" v'
C.le,a,lfpjJlJ '/'f Ii J4"/6
3.
S"i,
4.
PROPOSED USE OF VACATED PROPERTY: }
/Ju/la' ~ slJ6'/le~ fe,/( fr lIo)IJ~/e$s
f~le
5.
fA s/'/e i!1U/Jt/ f'~ m")1 /
ZONING OF ADJOINING PROPERTY: Sf) U
~tz,.$t flAlc/ west ~/::{e.. C()Nd/T/ol/lJj. use,
I FILE -
.: VACFORM. WJX
o ~M~""
I FORM REVISED I
08/22/95
PAGE 1 OR 2
6. A'rI'ACHMENTS :
I~D SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN
EXISTING ENCROACHMENT.
DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY
( SURVEY, PLOT PLAN, ETC.)
~ SEE RESOLUTION 52-3 (ATTACHED) FOR FEE SCHEDULE
THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED:
(LIST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED)
-l__ FLORIDA POWER CORPORATION
_X__ GENERAL TELEPHONE COMPANY
_X__ TIME WARNER CABLE
OTHER
NAME:~ '
7. NAME AND ADDRESS
ADDRESS:
8 . OWNERS SIGNATURE
STATE OF FLORIDA)
COUNTY OF PINELLAS)
The foregoing instrument was acknowledged before me this .Il '"'^ ," e I 11 J h
) - lL. ~ '
by W~r- J. ~ It ? I who is personally known to me or
who bas produced ~L
1-) ~'O '10 .:l~ .~~J
as identification
an~id not take an oath.
~:yJ.. . Notary Public, Commission NO.JO$ ~,J' 'I
(Name of Notary typed, printed or stamped)
lJ BREIIJA H.IlOORE
N*, NIIe." 01 f")()rid3
My COla E.JRf AuguII 12. 1997
11.00-
.
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PAGE 2 OF 2
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Florida
Power
CORPORATION
April 2, 1996
Mary Lou Gutbart
St. Vincent de Paul Soup Kitchen Conference, Inc.
1345 Pad<: St.
Clearwater, FL 34616
Re: Petition to Vacate the Easement shown in red on the attached dmwing.
Dear Mary Lou,
Florida Power COIpOration has no objection to the petition to vacate for the above mentioned
property .
i
!
!
I
I
I
I
!
,
If you have need of any further assistance, please contact me at 562-5660
Sincerely,
~7nrfZ
Distribution Engineering
JC/skp
CLEARWATER ENGINEERING OFFICE: 2166 Palmetto Street Clearwater, Florida (813) 662-6668
A Florida Progress Company
"t
~
u:m
GTE Telephone
Operations
March 13, 1996
Me: FLCW5060
621 Tarpon Avenue East
T Clrpon Springs, FL 34689
813942.5900
813942-5905
Ms. Mary Lou Guthart
St. Vincent de Paul Soup Kitchen Conference, Inc,
1345 Park Street
Clearwater, Florida 34616
RE: LETTER OF NO OBJECTION
Dear Ms. Guthart:
GTE Telephone Operations has no objection to vacating northly
five (5) feet of utility easement located on the south lot line
of Lot 13, Block 6, Plat Book 8, Page 34.
If you need further 'assistance, please call Jack Wolfgang at
942-5921 in Tarpon Springs.
Very truly,
,
!
!
,.
1~~7.~~
Gary R. Je'~.J .
Engineering Supervisor
'if
GRJ:pay
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f\ pal t vI GTE Curporallon
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Date:
March 6, 1996
Re:
Vacate 5 ft easement at the property of 1331 Cleveland" St., Clearater, Fl.
Dear:
Mary Lou Guthart:
Thank you for advising us of subject proposed project/vacation/adjustment.
-XXX2OITime Warner has no conflict ~~ (1 )
Time Warner has no objections provided easements for our facilities are (2)
granted or retained as shown on the attached drawing.
Time Warner has no objections provided applicant bears the expense for (3)
relocation of any Time Warner facilities to maintain service to customers
affected by the proposed vacation.
In order to properly evaluate this request, Time Warner will need detailed (4)
plans of facilities proposed for subject areas.
Time Warner has facilities within this area which may conflict with subject (5)
project. Please call One Call.
Time Warner requires 30 days written notice prior to construction start date (6)
date to relocate their facilities.
Please refer any further correspondence and pre-construction meetings to:
Denise M. Vita at 576-4123 Ext 344
North County Field Engineer
Notes:
Sincerely,
Lyrj- Lbu
. " . ~
. -. ~ :,,/ .. . I ~. .' "" "',
,
AN ORDINANCE OF THE CllY OF CLEARWATER,
FLORIDA, VACATING THE NORTH 10 FEET OF THE
EXISTING 30 FOOT DRAINAGE AND UTILllY EASEMENT,
LYING SOUTH OF AND ADJACENT TO, LOT 13, BLOCK 6,
REVISED PLAT OF BROOKWOOD TERRACE
SUBDIVISION, LESS THE EAST 5 FEET THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Society of St. Vincent de Paul Upper Pinellas, Inc., owner of real
property located in the City of Clearwater, has requested that the City vacate the drainage
and utility easement described in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it Is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
~. The following:
The North 10 feet of the existing 30 foot drainage and utility
easement, lying South of and adjacent to, Lot 13, Block 6,
Revised Plat of Brookwood Terrace Subdivision, less the East
5 feet thereof, as recorded in Plat Book 8, Page 34 of the
Public Records of Pinellas County. Florida,
is hereby vacated, closed and released, and the City of Cle~rwater quitclaims and
releases all of its right, title and interest thereto.
~. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
~. 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
and I a~~~ .-
Jo n Carassas, Asst. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6050-96
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>- Subject Property
cr: 13
<r:: 5' Util. Ease.
~ 2741-661
10 9 8 7
>- Vac. 30' RjW 3620-680
0 & Retain Dr-Util Ease.
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Res. 60-64
991-287
PIERCE
STREET
liQIE.: This is not 0 survey!
EXHIBIT A
Sec.15- 1295- R15E
VAC96-0B.dw9
RM5
5/1/96
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c.\ 3
Clearwater City Commission
Agenda Cover Memorandum
I
Item #
Meeting Date:
G .Q (; .q ?
SUBJECT:
.. Petition for Annexation and Zoning Atlas Amendment for Oakbrook Estate/Oakbrook Plaza; Owner(s):
James A. Vogel and Hazel E. Vogel/James Marcus Vernon (A 96-21)
RECOMM EN DATION /MOTION:
.. Approve the Petition for Annexation and Zoning Atlas Amendment to Limited Office (OL) for Tract
A and Residential Planned Development "Five" (RPD-5) for Tract B for M & B 22-011 in Section 33-28S-
16E, and pass Ordinances No. 6051-96 and 6052-96 on first reading.
.. Approve the Adoption of Resolution No. 96-45 Development Agreement between the City of
Clearwater and James A. Vogel and Hazel E. Vogel as the guidelines have been met.
[] and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT
PROPOSED ZONING DISTRICT
Limited office (0 L) for Tract A
Residential Planned Development "Five"
(RPD-5) for Tract B
Residential/Office General (R/OG) for Tract
A and Residential Low (RL) for Tract B
PROPOSED FUTURE LAND USE
CLASSIFICA TION
REASON FOR REQUEST
~ Development of property as (1) an 11,000 sq. ft. one story office complex for Tract A and
(2) a 34 (maximum) unit single-family Residential Planned Development for Tract B with dedication
of right-of-way to the City.
User Dept:
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
jj) -~S
N/A
N/A
N/A
N~(~
Originating Dept:
CENTRAL PERMITTING
~jS
Costs: $ N/A
Total
~.~~
Advertised:
Date:
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
181 Notified
o Not Requ; red
Ftnii ng Source:
o Capital Imp.
o Operat ing
o Other
Appropriation Code:
Attachments:
ORDINANCES NO. 6051-96 &
6052-96
Resoultion 96-45 (Vogel
Development Agreement)
LOCATION MAP
APP LI CA TI ON
o None
r. d
....... printc on r
ecycled paper
A 96-21
Page 2
ASSESSED VALUE OF SUBJECT PROPERTY
II
$ 336,300.00
II
~ The Vogel family owns approximately 8.04 acres on the east side of the Landmark Drive
extension. The City of Clearwater is in the process of constructing an extension of Landmark
Drive to the City's Proposed Lake Chautauqua Park, south and west of the subject property. The
Vogel family and the City of Clearwater jointly are contemplating a development agreement which
holds benefits for both the City and for the Vogel family.
~ Benefits to the City include: (1) conveying a right-of-way section to the City of 30 feet width to
allow the centering of the Landmark Drive extension in the new 70 ft. right-of-way; (2) annexing
residential and office property into the City; and (3) providing landscape buffering along Landmark
Drive.
~ Benefits to the property owners in the form of concessions by the City include: (1) construction
of the Landmark Drive extension by the City, allowing access to the subject property; (2) A
reduction of ten (10) feet in the proposed residential subdivision internal right-of-way width from
the standard 60 feet requirement; (3) a reduced width for corner lots; and (4) a reduced "corner
side" setback for corner lots of ten (10) feet versus the standard of 25 feet. Residents of the
surrounding subdivisions view the "centering" of Landmark Drive as being of considerable
importance. The concessions requested by the developer are relatively minor, generally paralleling
Pinellas County development standards.
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
I N CITY
LOCATION OR FUTURE LAND USE ZONING ACTUAL USE
COUNTY PLAN CATEGORY
Subject County Parcel A- Limited OL Office complex
Property Office RPD-5 Single-family residential
Parcel B- Residential
Planned Development
North County Residential Low IOffice R-3 Single-family residential
General
South City Residential Urban RS-6 Single- family residential
East Co unty Residential Low R-3 Single-family residential
West City Residential Low RS-6 Single-family residential
~ The Planning and Zoning Board held a public hearing on this application on June 4, 1 996 but was
continued to June 18, 1996 meeting. Staff will communicate the Board's recommendation
verbally to the City Commission.
.I', '''''., ',.
A 96- 21
Page 3
ZONING RESTRICTIONS
DESCRIPTION
RS-4
REQUIREMENTS
3.75 u.p.a.
maximum
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';:>;:::::::;:;:;:;:;:;::::;;::';:;::::::.;-:;::;:.:,;.;.:.;.:;::::;..;....:..............
:;:;:;::;:;::':::;;::::;:;:;::::::'::::':;':::;:::::::::;:;;:.:::;::::;::::;::::::::::::::::::;::::::::::;'::::::
EXISTING
Density
Residential Planned
Development "Five" (RPD-
5)
Lot Area
10,000 sq. ft.
minimum
. .' ..
..........,.......... ...........'.................................... ..
11111111~tllllj!llljllllll 347.609 sq. ft. m.o.1
...',...................0:......:...:..,;.;.......:...'.'.;.:..........0:...;.:....-:...;...;.;...:.....;...;....
Lot Width at
setback line
90 ft. minimum
........ ................. ......."............. .....
1~1I11"l,I~ljl!lllI, 60 feet
.::;:::::::::::;:::"::::;:;:;:"::':::::::;:::';:.;::::;::;::::::::.::::::::::;:::::;::::::::::::::;;:;::;::::::
Depth
90 ft. minimum
!:i::ilgi!:i!f;I...ooj.~!IIII:"II':!!':":':: 1 00 feet
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pine lias Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS: R-3 = Single Family ResidentiaI(County); RS-6 = Single Family Residential "Six"
(City), OL = Limited Office (City); RPD-5 = Residential Planed Development "Five" (City); u.p.a. =
residential units per acre.
B:\A9621.cc
.E7I~ION FOR ~E~~IOH
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city co~ls&lon
City of Clearwater
. 'p:o. 80x .748
,\ Clearwat;er, Flo~id&
I .. ~'
~~CqlllR!ti:sioners:
"
- 'CEM"RAlI:ERMII lll~;~
.;;.;~ . CITY Olr CLE.~h,\iv 'i, I'"
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We. ~e undersigned, bou.g all OWIler. of tile described real
property, contliuous 'to the present bouncSa~le.a of the cit:y of Cl..rwate~,
end aituateo in .n unlnco~ora~ed area of pinellas County Florida 40
berebI ~equQst that ~Ilid propert.y be ahraekec1 into th. corpo;~ta li.!.t~~ of
~he C ty 0' Clearwater, Florida. '
We hereby further raqujst that aai4 prgperty bn &Ohect and cl..,.ltl.d
under tbe Kon1ng Or4inance o~ ~he City of Cle.rwater, .s aet forth on ~h.
followin9 page. '
At:t_~8d bere~o 18 4 ~rent .urvey of the duscxlbed propertx. (it
It Jc unplatted), tog~ther vltb . oertificate of title fro~ ..~ltle
co~pany, . copy of the deed or a letter fram .1icens~ .ttorney aetting
f'orth ~e ft8aes of all peraons, f1r-.s or corporations' owning any interest
in the described prope~ty. '
Yhe undersigned have been advised of, uhdeJ:'utand and 'in
consideration o~ annexation, utility servtcQs, and other ;ood and
valuablQ consideration, de hereby agree and covenant as follows:
1. al.i .txuctur.. and Uapz-ove8*nt. Which .r. .r.ct~ upon .aid
propt!1rt)' subsequent 1;0 t:he dat.' of ~1f: pet:l tion tor ."e"ation
.hell cODply w1th all applicable city of C:learvat*1; J:4qulation.
and or4inanees as .at ,orth La the City Code or Ordi~ance.;
'to convey .uc:h recreation lan4, t'~ea.~loh !acil,it:i.. and open I
.pace land dec2ication aitd/or ~ees in t:.be .ao\lnt and aanner
prescribed by D1 vitalon 2 and " chapter ii', hticle IV of the .
Clo.arwater Code of Ox-41.Danca..; IUKi . I
vh.n an)'. .ub.~an4.r4 iabuttJ.ng .tr..t. or -.tl11t.ie. at'! I
subseql\ently upgraded by the city to lteet cJtr' standardsl .~!c1 I
laproveaent vill be done'on an as&esB~~ ~$Js, eons stent
witb City procedures tbe~efore. !
2.
,.
l'Q, 'the llndarrd9n.d bor.by G.rt.l~)' t:.ba~ v. bay. read and exaainetS
all of 1:.be .t.ateaent. and al1e98t!on. 1n the ioregoJ.n~ I'etitloh Including
attacbaenta and erter bcting duly 8Vorn. deposed ahd Pt that: such
at.tements are correct. COPplete and true and .o!untatily ..de with full
knowledge thereof. .,
Executed this ~ day of May, 1996:
./
/';:/
t
-
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A. Vogel
~.t 't, '\);11<!.-
Hazed.,-t:. Voge (
-...'J "
State Of Florida
County of Pinellas
The foregoing was executed in my presence this 17th day of May, 1996 by
Jam e sA. and H a z e 1 .E. V 0 gel who are k now n tom e 0 r who pro d u c e d a
6-/cr,'rlCL Or\l)ifS UlCi~~ ' 'ation. I
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rl;:~t;Kj~ MV ~~~~: ~~1:98S --?J ~7J 7UALCJ
"':'~ RrT't-o..:'" BondId TlIru Notary PutlIIo t.II\dlIIWrl18r '
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PROPOSED ANNEXATION
AND ZONING ATLAS AMENDMENT
OWNER: JAMES AND HAZEL VOGEL
A: 96-21
LAN 0 USE PLAN ZONING
COUNTY: uA" R/OG A-E
uB" RL A-E
CITY: uA" R/OG OL
uB" RL RPD 5
PROPERTY DESCRIPTION: M&B 22.011
PARCEL II A" , .08 ACRES
PARCEL "B" 6.96 ACRES
ACRES: 8.04
RIGHT-of-WA Y:
ACRES:
ATLAS PAGE: 234A
, '
(PLANNING A.N{)ZONING<aOARD.
. . . . . , .
. . ...
JUNE4 1996
, , ,
SEC: 33 TWP: 28 S RGE: 16 E
CITYCOMMISSION: JUNE 201 1996
ORDINANCE NO. 6051-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF
MCMULLEN ROAD AND SOUTH OF ENTERPRISE ROAD,
CONSISTING OF A PORTION OF SECTION 33, TOWNSHIP 28S,
RANGE 16E, M&B 22-011, WHICH IS VACANT UNPIJ\TTED
PROPERTY, 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. (A 96-21)
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 Pennitting 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:
~/~
ceslle K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No.6051-9S
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PROPOSED ANNEXATION
AND ZONING ATLAS AMENDMENT
OWNER: JAMES AND HAZEL VOGEL
A: 96-21
fB.Ql:E.BTY DESCRIPTJ.Q.N: M&B 22.011
PARCEL "A" 1.08 ACRES
PARCEL "B" 6.96 ACRES
,.........:., ~
tAN QJ.!S.gJ~LA N ZQ..~Jl:!Q
COUNTY: "A" R/Oa A.E
"B" RL A-E
CITY: "A" R/OG OL
"B" RL RPO 5
ATLAS PAGE: 234A-
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.t'P(ANNING"AN(ri(jNiN.G<BOARDn:\njl"E'4~ " S9G';:;'
..';". '." .. '.' '..' . ...--' '. . .'''' ...........,.;. ..... ". ........ .. .... ". .'
ACRES: 8.04
RIGHT -of.WA Y: ACRES:
SEe: 33 lWP: 28 SAGE: 16 E
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EXIIIBIT A
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LEGAL DESCRIPTION
A portion of the Northwest 1/4 of the Northwest 1/4 of Section 33, Township
28 South, Range 16 East, PinelJas County, Florida, being more particularly
described as follows:
Begin at the Southwest comer of said Northwest 1/4 of the Northwest 1/4 of
Section 33, the same being the Northwest comer of Shady Oak Farms as
shown on the plat recorded in Plat Book 80, Pages 95 and 96, public
records of Pine lias County; thence N. 00001'46" E., along the Westerly
boundary of said Northwest 1/4 of Section 33. 509.19 feet; thence departing
said Westerly boundary, S. 89030'48" E., 330.00 feet; thence N. 00001'46"
E., 160.00 feet; thence S. 89030'48" E., 295.02 feet; thence S. 00001'46"W.,
665.47 feet to the Souther1y boundary of said Northwest 1/4 of the
Northwest 1/4, the same being the Northerly boundary of Shady Oak Farms;
thence N. 89051'15" W., along said boundary, 625.00 feet to the Point of
Beginning.
EXHIBIT 8
Ordinance No.6051-96
ORDINANCE NO. 6052-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN
ROAD AND SOUTH OF ENTERPRISE ROAD, CONSISTING OF
A PORTION OF SECTION 33, TOWNSHIP 28S, RANGE 16E,
WHICH IS VACANT UNPLATTED PROPERTY, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LIMITED
OFFICE (OL) FOR TRACT A, AND RESIDENTIAL PLANNED
DEVELOPEMENT "FIVE" (RPD-5) FOR TRACT 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
See Exhibit A attached.
(A96-21 )
TRACT A: Limited Office - (OL)
TRACT 8: Residential Planned Development - (RPD-5)
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. 6051-96.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
~--
Leslie Dougall-Sides
Assistant City Attorney
Attest:
:./ ~
",
Cynthia E. Goudeau
City Clerk
Ordinance No. 6052.96
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LEGAL DESCRIPTION
.LEGAL. DESCBlfTIQN COMMON TO BOT.tI PARCELS:
A portion of the Northwest 1/4 of the Northwest 1/4 of Section 33,
Township 28 South, Range 16 East, Pinellas County, Florida, said
tracts being more particularly described as follows:
lRACT A: Commence at the Southwest comer of said Northwest
1/4 of the Northwest 1/4 of Section 33, the same being the
Northwest comer of Shady Oak Farms as shown on the plat
recorded in Plat Book 80, Pages 95 and 96, public records of
Pinellas County; thence N. 00001 '46- E., along the Westerly
boundary line of said Northwest 1/4 of Section 33, 509.19 feet;
thence departing said Westerly boundary, S. 89030'48" E., 330.00
feet to the point of beginning. Thence run N. 00001'46- E., 160.00
feet; thence S. 89030'48" E., 295.02 feet; thence S. 00001'46- W.,
160 feet; thence N. 890 51' 15" W., 295.02 feet, to the point of
beginning.
TRACT B; Commence at the Southwest comer of said Northwest
1/4 of the Northwest 1/4 of Section 33, the same being the
Northwest comer of Shady Oak Farms as shown on the plat
recorded in Plat Book 80, Pages 95 and 96, public records of
PineJlas County. Thence N. 00001'46- E., along the Westerly
boundary line of said Northwest 1/4 of Section 33,509.19 feet to the
point of beginning. Thence departing said westerly boundary, S.
89030'48" E., 625.02 feet; thence S. 00001'46" W., 505.47 feet;
thence N. 89051'15 W., 625.00 feet; thence N. 00001'46- E, 509.19
feet, to the point of beginning.
EXHIBIT A
Ordinance No. 6052.98
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PROPOSED ANNEXATION
AND ZONING ATLAS AMENDMENT
OWNER: JAMES AND HAZEL VOGEL
A: 96-21
t-ANOjlSE PLAN ZONING
COUNTY: "A- R/OG A-E
"a- RL A-E
CITY: "A- R/OG Ol
"a- Rl RPO 5
PROPERTY DESCRIPTION: M&B 22.011
PARCEL MA" 1.08 ACRES
PARCEL "B" 6.96 ACRES
,-,...- ..
ACRES: 8.04
RIGHT-of-WAY: ACRES:
ATLAS PAGE: 234A SEe: 33 TWP: 28 S RGE: 16 E
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. .
.
A RESOLUTION OF THE CllY OF
CLEARWATER, FLORIDA, APPROVING THE
ATTACHED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND
JAMES A. VOGEL AND HAZEL E. VOGEL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a
development agreement with James A. Vogel and Hazel E. Vogel; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
~ The Development Agreement between the City of
Clearwater and James A. Vogel and Hazel E. Vogel, a copy of which is attached
as Exhibit A, is hereby approved.
~ This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1996.
Rita Garvey, Mayor-Commissioner
Approved as to form
and legal sufficiency:
Attest:
Leslie K. Dougall Si es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 96-45
DEVELOfME~TAGREEMENT
THIS AGREEMENT is entered into this day of
,1996, between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida
("City"), P.O. Box 4748, Clearwater, Florida 34618-4748, and JAMES A. VOGEL and
HAZEL E. VOGEL ("Developers"), 2753 State Road 580, Clearwater, Florida 34621.
RECITALS:
A. Developers are the fee simple owners of 8.37 acres of land situated within
unincorporated Pinellas County and located south of Enterprise Road and east of a
proposed Landmark Drive extension. The entire tract is described as two separate
parcels, as more particularly described in Paragraph 2. herein and in Exhibits "A" and
"B", attached hereto and incorporated herein by reference ( collectively referred to as "the
Property"). The parcel to be developed as residential ("Tract B") is described in Exhibit
"A" and the parcel to be developed for office use ("Tract A") is described in Exhibit "B";
and
B. Developers desire to develop both parcels in a scheme more particularly
described in Paragraph 2. herein and depicted on the plan attached hereto as Exhibit "c"
("Conceptual Plan"). The Parties mutually desire to consummate a development
agreement pursuant to the below-referenced authority, such that Developers can develop
their property pursuant to the Conceptual Plan and City can annex both Tract A and Tract
B and further so that City can acquire a portion of Developers' property without direct
cash payment, pursuant to paragraphs 25. and 26. herein, and to provide terms and
conditions governing such actions; and
C. City is empowered pursuant to Florida Statutes Sections 163.3220 through
163.3243, the Florida Local Government Development Agreement Act, and Code of
Ordinances Sections 36.111 through 36.126, to enter into development agreements with
the owners of real property; and
WHEREFORE, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
PART I: MUTUALLY I3INDING GENERAL rJ!OVISIONS
1. Recitation of Facts and Mutual Commitments. The above recitations are true
and correct and are incorporated herein by this reference.
2. Le2al Description and Ownersl1il:h The Property to which this Agreement
applies is legally described in Exhibits "A" and "B", which are incorporated herein by
reference. James A. Vogel and Hazel E. Vogel are the owners of the Property, held in
joint tenancy with right of survivorship.
'. , :,''''~~:, ' ~ ~~~ ...~--~~. ,i'. ,.-.,.~:~. : :~" ._ . _' ' ,..' '., ..'0'..... ,_. ..~ ....,< '.........~,..h.. ' , .,'
5. ~ This Development Agreement is entered into by City in accordance
with Florida Statutes Sections 163.3220 through 163.3243, the Florida Local Government
Development Agreement Act, and Code of Ordinances Sections 36.111 through 36.126,
and the terms of said statutory and code sections are incorporated herein by reference.
3. Captions. Captions used herein are for the convenience of the parties and are
not to be interpreted to have any specific meaning.
4. No Waiver of Impact, Other Fees. This Development Agreement provides for
no waiver of impact fees. Impact fees. capacity fees, connection fees, and any other fees
which are known to be due are described in Paragraph 29. below; fees specifically
anticipated are set forth in Paragraph 14. below. Developers shall be obligated to pay no
more in impact fees than would be required of any other developer for a project of the
same size and intensity under City's ordinances.
6. Effective Date of Development Afjreement. The effective date of this
Development Agreement is the thirty-first day following the date this Development
Agreement is received by the state land planning agency following execution,
recordation, and submission to said agency pursuant to Florida Statutes Section 163.3239
and Code of Ordinances Section 36.121. In the event of a court challenge to this
Development Agreement by a party or non-party, the parties will reconsider the effect of
this Agreement.
7. Duration Ot Development A~reement. The duration of this Development
Agreement shall be five years from the Effective Date hereof. The duration of this
Development Agreement may be extended pursuant to Code of Ordinances Section
36.114 upon the agreement of both Parties and approval by the Clearwater City
Commission following a public hearing in accordance with Florida Statutes Section
163.3225.
8. Consistency with Comprehensive Plan and LanclDevelopment Re2ul.ations.
This Development Agreement and the development authorized herein is consistent with
City's comprehensive plan and land development regulations.
9. Amendment; Cancellation. This Development Agreement may be amended or
canceled by mutual consent of the Parties or their successors in interest and upon
compliance with the notice requirements for initial adoption of the Development
Agreement as set forth in Code of Ordinances Chapter 36, Article V.
10. Notices. All notices, demands, requests, or replies provided for or permitted
by this Development Agreement shall be in writing and may be delivered by anyone of
the following methods: (a) by personal delivery; (b) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage prepaid, to
the addresses stated below; or (c) by deposit with an overnight express delivery service.
Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective three (3) business days after deposit with the Postal Service.
2
Notice by overnight express delivery service shall be deemed etTecti ve one ( 1) business
day after deposit with the express delivery service. For purposes of notice, demand,
request or replies, the addresses of the Parties shall be:
FOR CITY:
FOR DEVELOPERS:
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
With copy to:
Director of Central Permitting
[same address]
James A. Vogel and Hazel E. Vogel
2753 S.R. 580
Clearwater, FL 34621
With copy to:
James Marcus Vernon, Esquire
P.O. Box 6474 (34618)
577 Duncan Avenue South
Clearwater, FL 34616
11. Successors BoundL This Development Agreement shall constitute a covenant
running with the land for the duration hereof, and the burdens of the Development
Agreement shall be binding upon and the benefits of the Development Agreement shall
inure to all heirs, successors in interest, and any assignees of the Parties hereto.
12. Eailure of Development Agreement to Address Restrictions, Etc. The failure
of this Development Agreement to address a particular permit, condition, term, or
restriction shall not relieve Developers of the necessity of complying with the law
governing said permitting requirements, conditions, term, or restriction.
13. Recordation, Etc. Not later than fourteen (14) days after the execution of this
Development Agreement, City shall record same in the public records of Pinellas County,
and a copy of same shall be submitted to the state land planning agency within fourteen
(14) days after the Development Agreement is recorded. In the event Developers should
request at any time during the term of this Agreement confirmation from City that
Developers are in compliance with this Agreement, City shall provide said confirmation
within ten (10) days of said request, or in the event that Developers are not in compliance
with this Agreement, City shall forward within that ten (lO)-day period a specific
enumeration of those items as to which City believes Developers are out of compliance.
Failure of City to provide either said confirmation or said specific enumeration within the
ten (1 O)-day period shall be deemed certification that Developers are in compliance with
this Agreement.
14. AJ2p,lication of Ordinances and eclicies.
(1) The ordinances and policies of City governing the development of the
Property at the time of the execution of this Development Agreement shall continue to
govern the development of the Property for the duration of the Development Agreement.
3
(2) City may apply ordinances and policies adopted subsequent to the execution
of this Development Agreement to the Property during the term thereof if the City
Commission has held a public hearing, with notice mailed to Developers of specific
agenda items to be heard and potentially applied to Developers, and has determined, by
the making of specific findings of fact, that said ordinances and policies are:
(a) Not in conflict with the laws and policies governing this Development
Agreement and do not prevent development of the land uses, intensities or densities as
allowed under the terms of the Development Agreement;
(b) Essential to the public health, safety and welfare;
(c) Expressly state that they shall apply to a development that is subject to a
development agreement;
(d) Are specifically anticipated and provided for in this Development Agreement;
or
(e) Are adopted subsequent to substantial changes which have occurred in
pertinent conditions existing at the time of the approval of this Development Agreenlent
or subsequent to a determination that the Development Agreement is based on
substantially inaccurate information supplied by Developers.
(3) The ordinances and policies which are specifically anticipated and provided
for in this Development Agreement are:
(a) Any ordinance or policy which is necessary to carry out the provisions of this
Development Agreement, including but not limited to ordinances rezoning and annexing
the Property, granting variances and other development approval;
(b) Any ordinance or policy which shall be adopted by City accepting, approving,
or implementing City's Evaluation and Appraisal Report concerning its comprehensive
plan;
(c) Ordinances and policies of general application in the City, including but not
limited to ordinances imposing additional or increased transportation, open space, sewer,
water, or other impact, capacity, or connection fees;
(d) City's Capital Improvement Program in effect as of the Effective Date of this
Agreement;
(e) City's Land Development Code.
(4) The provisions contained in this Paragraph do not abrogate any rights that
may vest pursuant to common law.
4
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(5) Upon termination, revocation, cancellation, or expiration of this Development
Agreement, all then-existing codes shall be applicable to the Property regardless of the
terms of the Development Agreement.
15. M.Q.djfication or Revocatkm to Comply with Subsequently Enacted State and
Federal Law. If any state or federal law is enacted after the execution of this
Development Agreement which is applicable to and precludes the Parties' compliance
with the terms of this Development Agreement, such Agreement shall be modified or
revoked as necessary to comply with the relevant state or federal laws, such modification
or revocation to take place only after notice in the manner provided for the adoption of a
development agreement.
16. Periodic Review of Development Agreement~ Revocation or Milliification for
Eailure to Complx. The City Manager shall review the Property at least once every
twelve (12) months to determine if there has been demonstrated good faith compliance
with the terms of the Development Agreement, and shall report such findings to the City
Commission. This Development Agreement may be revoked or modified by the City
Commission upon thirty (30) days' notice to Developers if the City Commission finds, on
the basis of substantial competent evidence, that there has been a failure to comply with
the terms of the Development Agreement. Such revocation or modification shall be
accOlnplished only after a public hearing and notice sufficient for the adoption of a
development agreement. However, in the event City elects to modify or revoke this
Development Agreement due to Developers' noncompliance, Developers shall have
ninety (90) days within which to cure said non-compliance and upon Developers' curing
said non-compliance City's action shall become null and void.
17. Enforcement. This Development Agreement may be enforced as set forth in
Florida Statutes Section 163.3243, as may be amended from time to time. Developers
and City shall additionally be able to enforce this Agreement as may be provided by law.
18. Assignment. Developers shall not assign the rights and duties provided for in
this Development Agreement to any assignee, lessee, or successor in interest prior to the
conveyances by Developers to City referenced in paragraphs 25. and 26. without prior
written approval of the City Commission, which approval shall not be unreasonably
withheld, except that the City Conlll1ission may withhold approval in the event it
determines, in its sole discretion, that said proposed assignee, lessee, or successor in
interest is unable to carry out the obligations imposed by this Development Agreement.
Any individual purchasing one or more of the dwelling units or lots authorized by this
Agreement shall take subject to the terms and provisions of, and be entitled to the
benefits of, this Agreement, but as purchasers of individual units or lots shall not be
deemed to be the successors or assigns of Developers for the purposes of amending this
Agreement.
19. Draftinli of Development Ai:reement. The Parties shall be deemed to have
participated jointly in the drafting of this Development Agreement. Accordingly, this
5
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Development Agreement shall be construed neutrally without regard to the party or
parties responsible for its preparation, and any terms, conditions, uncertainty, or
ambiguity shall not be construed against any of the parties as a result of the drafting of
such.
20. Entirety of A~reement. This Development Agreement constitutes the entire
agreement of the parties. This Development Agreement incorporates and includes all
prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein and the Parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
Development Agreement that are not contained in or incorporated into this document.
Accordingly, it is agreed that no deviations from the terms hereof shall be predicated
upon any representations or agreements, whether oral or written. This Development
Agreement may be modified or amended only by a separate writing signed by all Parties
hereto.
21. Jurislliction and Govemin~ Law. The Parties hereto agree that any and all
suits or actions at law relating to the entry into or the provisions of this Development
Agreement shall be brought in Pinellas County, Florida and in no other jurisdiction. This
Development Agreement shall be construed and interpreted under the laws of the State of
Florida.
URI...lli DEVELQeE~ERFORMANCE OBLIGA TIQNS
22. RecitaL This Part delineates those specific acts which must be complied with
unilaterally by Developers.
23. Annexation. Developers agree to seek annexation of the Property into the
City of Clearwater, to file an application for annexation, and to pursue said application in
good faith. Developers shall not be required to pay any fee to City for said annexation
application.
24. Developers' Obli~ation to Construct Project. Developers agree to construct
the Project as depicted on Exhibit "C" within five years of the Effective Date of this
Development Agreement.
25. Developers' Obli 2ation to Conv~y Right-of-Way to City. Developers agree
to convey a thirty (30)-foot wide strip of real property on the westerly side of Tract A, as
depicted on Exhibit "A", to City within thirty (30) days of the Effective Date of this
Development Agreement, to be used by City to make improvements to Landmark Drive.
26. Dedication of Intemal Street Ri(iht-of- Way. Developers agree to convey to
City any areas within the Property necessary to create City streets within the proposed
6
development. Developers and City agree that all roadways needed to access the single-
family development and as approved on a site plan shall be dedicated to public use.
27. Local Development Permits: Execution Contin~ent Upon Certain Approvals.
Developers shall be required to obtain all necessary site plan approvals for each stage of
the development consistent with the Conceptual Plan, subdivision and platting approval
with metes and bounds description of each lot to be developed, residential planned
development approvals, rezonings (zoning atlas amendments), variances, building
permits, and regulatory agency permits, including any Southwest Florida Water
Management District permits, water distribution and wastewater collection permits,
certificates of capacity as required by City Code Section 36.142, concurrency tests,
recreation and open space requirements, and other development pemlits as customary
needed for the improvement of real property. These permits shall be obtained at the sole
cost of Developers. It is understood by the parties that annexation and rezoning (zoning
atlas amendment), as applied for in Developers' Petition for Annexation dated May 17,
1996 and on file with City, will be processed concurrently with a Resolution approving
and adopting this Development Agreement, and that said annexation and rezoning
(zoning atlas amendment) will be in place prior to the final adoption by City of the
Resolution approving this Development Agreement. Developers' execution of this
Agreement shall therefore be contingent upon the prior approval of said annexation and
rezoning (zoning atlas amendment).
28. Subdivision~ Platting. Developers agree to properly subdivide and plat the
Property pursuant to City's ordinances.
29. Impact FeesL Etc. The increased impacts on public facilities or public
services attributable to each unit of the development, and the cost of capital
improvements to meet the associated demand on such facilities or services, shall be
assured by payment to City, at such time as is specified in City Code, of City's impact
fees required by ordinance of general application then in effect, as well as by payment by
Developer of applicable utility system development fees.
30. Eugineerin2 Requirements. Developers agree to comply with the
requirements of City's Engineering Department as set forth in the Memorandum fronl
Richard J. Baier, City Engineer dated May 17, 1996 and attached hereto and incorporated
herein as Exhibit '~D", with the exception that for density calculation purposes, the area
dedicated to the City of Clearwater pursuant to paragraph 25. above shall be included, but
only for calculation of density for the residential use, and not for the office use area.
31. Landscaping; Ad.ditional Landscaping Commitment. The landscaping of the
oftice and residential tracts shall be in compliance with City's Code for said uses.
Additionally, Developers agree to landscape the entry to the Property with appropriate
hedges, and to provide City the sum of $2,000.00 on or before the completion of the
Landmark Drive Improvements to be used by City for supplemental undesignated
landscaping.
7
.
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PART Ill: CITY'S rERFORMANCE OBLIGATIONS
32. RecitaL. This Part delineates those specific acts which must be complied with
unilaterally by City.
33. Improvement o:(Wm.dmark Drive. The specific improvements which the
parties contemplate City will make to Landmark Drive south of Enterprise Road (the
"Improvements") are depicted on a diagram attached hereto and incorporated herein as
Exhibit "E". City has no specific obligation to complete the Improvements by any
particular time. In the event that City elects to perform the Improvements, City will not
seek any financial contribution for such Improvements from Developers other than
transportation, open space, sewer, water, or other impact, capacity, or connection fees
customarily charged to developers pursuant to provisions of City Code. City shall not
seek any additional right-of-way, other than that to be conveyed as provided in Paragraph
25. above from Developers, for the improvement of Landmark Drive. City shall not be
obligated to construct any roadway features upon Developers' property or to align the
Improvements to any particular roadway configuration of Developers. City agrees,
however, contingent upon conveyance of the thirty (30)-foot wide strip of real property
referenced in paragraph 25. above occurring prior to construction of the Improvements,
and further contingent upon Developers' plans becoming more tangible from an
engineering perspective prior to construction of the Improvements, to make a good faith
attempt to facilitate appropriate alignments to the residential development by the use of
asphalting and radial return features upon City right-of-way only.
34. Zoning. Pursuant to the above-referenced annexation application by
Developers, Tract B will be annexed into City under a zoning classification of Residential
Planned Development allowing for single-family lots, and Tract A will be annexed into
City under a zoning classification of Limited Office allowing for office uses. The Parties
contemplate that Developers may, if all other requirements of this Development
Agreement are met, develop only Tract A as a Limited Office development without the
necessity of developing Tract B. Developers agree to file, pay all applicable fees for, and
pursue a rezoning application for the above-listed Planned Development uses pursuant to
City's Land Development Code. In the event that Developers cannot meet the procedural
and/or Code requirements for such Planned Development approval, then the residential
portion of the project shall be developed in accordance with City's Land Development
Code requirements for RS-8 zoning.
35. Access. Developers agree to execute an instrument releasing any rights they
may have to access to the Property via Sabre Drive, at such time as the Improvements to
Landmark Drive, to be made by City, are complete. Developers shall access the Property
by existing lawful means until such time as the Landmark Drive Improvements are
constructed. Developers shall be required to construct a "left-in, right-out" driveway to
8
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provide access from Landmark Drive to the Property in connection with subdivision/final
plat approval.
36. ~ Public facilities that will service the development shall be:
roadways; stormwater retention;disposal; sewer; \vater; solid waste pickup and recycling;
gas; cable television. City hereby warrants and represents that all of the above facilities
which are City-provided utilities shall be available to Developers and their successors in
interest at the time of recordation of final plat to assure their provision concurrent with
the impacts of development. Developers, however, shall be liable for all impact, carrying
capacity, connection, and other fees associated with such facilities. It is contemplated
that Developers will grant maintenance rights to an existing sewer easement and that
Developers will service the Property through existing sewer lines.
37. ~ City shall be obligated to approve a site plan for Tracts A and B in
compliance with those development characteristics as hereinbelow provided upon
submission of a site plan approval application by Developers which meets City Code
requirements, payment of application fee, and compliance with any other prerequisites of
City Code and this Development Agreement, including but not limited to conveyance of
certain real property pursuant to Paragraphs 25. and 26. above. The Conceptual Plan
shall not be deemed a substitute for any plat or site plan required by City's development
code.
38. Review Perioci Any submittal to City staff made by Developers for the
purpose of obtaining development approvals which is complete and meets all City Code
requirements shall be initially reviewed by the necessary City staff members and full and
complete review comments shall be provided to Developers within fourteen (14) days of
said complete and compliant submittal.
PART lY;,MUTUALL Y -AGREED-TO DEVELO-lMENT
CHAl!AC'!:ERISTICS
39. RecitaL The development conditions as enumerated in this Part are those
characteristics which City agrees to approve by and through the site plan approval
process, assuming that Developers meet the conditions set forth in this Development
Agreement, and which Developers agree to comply with. Both parties hereby agree to
implement these conditions by their respective actions.
40. I:kYdQpment ApprovaLProcess. Development for the Property shall be
examined for approval and approved, if at all, in compliance with the Conceptual Plan
and this Development Agreement. In the event of a conflict between the Conceptual Plan
and this Development Agreement, this Development Agreement shall control. No
amendment of any regulation, code, ordinance, or policy of general application in the
City adopted subsequent to the Effective Date of this Development Agreement shall
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preclude the type of use or amount of noor area set forth in the Conceptual Plan, except
as provided in Paragraph 14. above.
41. Req~lireclPemlits. The following development permits are required to be
approved for development of the property: Planned Development approval; site plan
approval; zoning district changes; Southwest Florida Water Management District permits;
Florida Department of Environmental Protection permits; utility permits; building
permits. The above-referenced development permits shall be obtained at the sole cost of
Developers and in the event that any of said permits are not received no further
development of the Property shall be allowed until such time as the City Commission has
reviewed the matter and determined whether or not to terminate this Development
Agreement or to modify it in a manner consistent with the public interest. Under these
conditions, action in reliance on this Development Agreement or expenditures in
pursuance of its terms or any rights accruing to Developers thereunder shall not vest any
development rights in Developers, nor shall it constitute partial performance entitling
Developers to a continuation of this Development Agreement.
42. Developm~nt Uses Permitted. Development uses permitted on the Property
shall be limited to the following uses consistent with the Conceptual Plan: thirty-four (34)
unit residential development; maximum 14, 160-square-foot and maximum 30% of gross
site area building coverage office development. Residential density permitted shall be
five (5) units per acre. For density calculation purposes, the area dedicated to the City of
Clearwater pursuant to paragraph 25. above shall be included, but only for calculation of
density for the residential use, and not for the office use area. A maximum Floor Area
Ratio of.3 shall be allowed for office uses. Maximum permissible height shall be: for
residential uses: thirty (30) feet; for office use: thirty (30) feet.
43. Lot Sizes. Tract B shall provide for lot sizes greater than or equal to that
smallest interior lot size as allowed under an RS-8 zoning classification.
44. ~ The lots in Tract B shall meet the minimum lot setbacks of the RS-
8 zoning district, except that comer lots shall have a corner side setback of 10 feet.
45. Retention Pond Location. To the extent practicable given sound engineering
practices, the retention area for Tract B shall be located so as to serve as a buffer betv./f;;en
the residential lots and Landmark Drive.
46. Ri~ht-of-Way. City will allow Tract A to be developed as a Planned
Residential Development utilizing interior fifty (50) foot wide rights-of-way, with a thirty
(30) foot roadway, subject to the provisions contained elsewhere in this Agreement. The
parties agree that the Landmark Drive improvements which City shall make will be
limited to a two-lane roadway with seventy (70) foot right-of-way adjacent to the
Property, and that City shall not be obligated to make any additional improvements to
Landmark Drive. Developers agree that the said improvements to Landmark Drive in
addition to the ingress/egress driveway improvements referenced in Paragraph 35. above,
constitute adequate access to the Property, both unimproved and with the improvements
10
contemplated by this Development Agreement. City hereby acknowledges that vehicular
access to Tract B is through an access easement across property currently part of the City
of Safety Harbor. This access is hereby agreed to as being acceptable by City and City
will not require separate and different access than that already provided.
47. Availability of Infrastructure. The roads, landscaping, and other internal,
Developer-provided infrastructure serving each residential unit shall be completed before
a certificate of occupancy may be issued for the unit. The roads, landscaping, and other
internal, Developer-provided infrastructure serving the office development shall be
completed before a certificate of occupancy may be issued for the office development.
48. Utility Installation: Site Lighting. Developers shall install all utilities
underground where practical and shall screen all utility facilities. Developers shall
comply with all City ordinances regarding site lighting in effect at the time of application
for the building permit for those improvements, and shall utilize shaded light sources to
illuminate all signs, facades, buildings, parking and loading areas, and shall arrange such
lighting so as to eliminate glare to properties lying outside the Property. In addition to
the foregoing requirements, the lighting for Tract B shall be directed away from any
residential areas or street rights-of-way, and site lighting for Tract B shall be equipped
with 90-degree cutoff features.
49. Parking. Developers shall provide parking on the Property consistent with all
provisions of the technical building codes in effect at the time of application for the
building permit for those improvements.
50. Easements. All lots in both Tracts A and B shall be encumbered with a
fifteen (15) foot utility easement along any property line which abuts any City right-of-
way except that a ten (10) foot utility easement shall be provided for along those lots
which abut Landmark Drive and on the right-of-way portion of the interior drive of all
comer lots of the subdivision. All such easements shaH be evidenced by a recorded Grant
of Easenlent which shall be perpetual in duration and shall allow access, ingress and
egress for purposes of installation, repair, and maintenance of all City utilities.
51. Use of City's Stormwater Retention Area. Pending approval of Developers'
application for appropriate stornlwater retention and disposal by the Southwest Florida
Water Management District, City shall allow Developers to discharge stormwater into
City's retention area which abuts Developers' property to the north of Tract A and south
of Tract B. However, in no event shall such use of City's retention area by Developers
exceed permitted amounts in volume, cause City to exceed such amounts, or cause a
maintenance or safety problem. Developers shall submit to City, prior to any discharge,
calculations which show that such discharge volume does not violate or cause City to
violate provisions of State of Florida or Southwest Florida Water Management District
stonnwater permits or cause a maintenance or safety problem. Final subdivision layout
shall utilize on-site stormwater retention as a buffer between Landmark Drive and the
residential development to the extent possible given sound engineering practices.
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52. City Cooperation. City shall cooperate with Developers in any reasonable
manner such that both Developers and City can comply with the terms of this Agreement.
Specifically, as long as Developers propose development improvements consistent with
this Agreement, City will join in any drainage permit applications or other similar permit
applications as needed to complete the scheme anticipated herein; however, this provision
shall not be construed to require City's participation in any litigation, whether
administrative or judicial, or to render City liable for any attorney's fees or costs of said
litigation.
53. Costs and Attorney's Fees in Liti2ation. In the event that either party seeks to
enforce this Agreement or to interpret any provision of this Agreement by the institution
of litigation, excluding bankruptcy proceedings and matters ancillary and related thereto,
and including any appellate proceedings, the parties agree that all costs actually incurred
in such litigation, including reasonable attorney's fees, shall be awarded to the prevailing
party .
IN WITNESS WHEREOF, the Parties, by their duly authorized undersigned
representatives, have executed this Development Agreement on the date and year first
above written.
DEVELOPERS:
James A. Vogel
Witness
Type or print name
Witness
Type or print name
Hazel E. Vogel
Witness
Type or print name
Witness
Type or print name
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""",'" ,<, ;':"~'; .";' " :
CITY OF CLEARWATER
A TIEST:
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Mayor Rita Garvey
Cynthia E. Goudeau, City Clerk
Approved as to form and legality:
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COPIKS:
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OATE:
C I T YO, C LEA R W A T K R
Interdepartment Correspondence Sheet
Blizabeth M. Deptula, City
Richard J. Baier, City Engineer
Pamela Akin, City Attorney
Leslie Dougall-Sides, Assistant' City Attorney
Scott Shuford, Oirector of Central pennitting
Lou Hilton, Senior Planner
Terry Jennings, Chief Engineer
SUBJBCT:
Oakbrook Estates/Oakbrook Plaza/Vogel Development
May 17, 1996
As requested by the Legal Department, I am providing these tentative and
essential terms required by the Land Development Code Section 36.116 regarding
the terms of a mutually acceptable development agreement. Insofar as the items
of mutual agreement, they are:
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All storm drainage comply to City of Clearwater code and Southwest Florida
Water Management Regulations irrespective of any representations made on
the attached plans.
All six inch water lines shall be looped through and connected to the City
system at the Oakbrook Commercial Center.
The sanitary and water lines are to run through the northeastern most lots
at the Oakbrook Center and shall be placed in a 15' easement. The
sanitary line shall have no services in this location and the water and
sewer lines shall be spaced a minimum of three feet apart.
Roadway under-drain shall be provided on one side of the city street and
the side shall be selected at a later date by the City Bngineer.
A lot drainage sheet and topography extending 50' beyond the site shall be
submitted with the project design plans during the site per.mitting of the
project.
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On the plat, the developer shall dedicate a 15' drainage and utility
easement abutting the interior roadways.
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On the plat the developer shall provide for a sight triangle easement on
the plat where the proj ect road or roads connect to Landmark Drive. This
easement shall assume a 40 mile per hour design speed for Landmark Drive.
Sidewalks shall be required on both sides of all interior streets and will
be a minimum width of 5' wide.
No storm pipes ~hall be placed between the two buildings.
Site density, shall not exceed five units per acre, based on the acreage
owned by the developer prior to the time of right-of-way dedication.
Drainage as depicted on the attached plan is conceptual, in nature, taking
into account site factors and constraints as they are currently known.
The outfall shall be to the City of Clearwater retention area which shall
provide street flow. Said connection is contingent upon the compatibility
of the outfall of the development and the pennitB that exist now between
the City of Clearwater and the Water Management District.
EXHIBIT D
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This site plan is conceptual in nature,
permitting process, and will be subject
Commission, only if there are substantial
Development Code Section 40-261.
No utility easement shall be required to be any larger than 15' wide.
Oakbrook Bstates/OaKbrook Plaza/Vogel Development
May 17, 1996
Page 2
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and may change through the
to re-review by the City
changes as defined in Land
This site shall have the prerequisite shrubs and trees pursuant to the
City of Clearwater landscape ordinance.
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No lot shall be required to have any greater than 60' frontage or to have
any greater than 100' of depth. All lots shall have a 25' front setback,
10' rear setbacK and 5' side setbacKs and no lots shall have more than one
front setback. Irrespective of the above all corner lots shall have the
above referenced setback except for the long dimensions fronting
additional right-of-way shall be a 10' setback and that the same side
setback shall have deed restrictive vehicular access. No lot shall be
required to have two front setbacKs.
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All roadways shall be 30' in paved width from back of curb to back of
curb. Said roadway shall be placed inside of a 50' right-of-way with a
10' foot utility easement on either side of this 50' right-of-way. The
approval of this plan and the annexation of this parcel is conditioned
upon the adoption of this development agreement and the conveyance by the
owner to the City of Clearwater of the west 30' of the residential parcel
described herein on the attached plans.
The developer is to give the City of Clearwater $2000 to be used towards
landscaping within City property and/or right-of-way.
Final subdivision layout will attempt to utilize on-site retention as a
buffer between Landmark Drive and the proposed residential lots to the
extent possible given sound engineering practices.
Show any proposed buffer along Landmark Drive.
COPIES TO:
COMMISSION
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. "'''EIVED <J ,~e,:'r<:?
JUN 1 0 1996
'''1 1 (I 1996
Pru:~S
CLERK I ATTORNEY
I '"IANAGER
FAX MESSAGE
city of Clearwater, Florida
Office of the City Attorney
Phone Number (813) 462-6760
Fax Number (813) 462--6426
TO: Mayor and City Commissioners
LOCATION:
FAX NO.:
FROM: City Attorney's Office
DATE: June 7, 1996
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MESSAGE: Attached for your information is correspondence relating to the proposed
Vogel Development Agreement
NUMBER OF PAGES OF THIS MESSAGE (INCLUDING THIS PAGE): 9
The infonnation contained in this facsimile message is privileged and confidential,
intended for the use of the addressee above. If you are neither the intended rectplent nor
the employee or agent responsible for derrvering this message to the intended recipient,
you are hereby notified that any disclosure, copying, distnbution or the taking of action in
reliance on the contents of this telecopied informatk?n is strictly prohibited. If you have
received this telecopy in error, please notify counsel above immediately by telephone to
arrange for return of the original documents to the counsel named above.
C I T Y
OF
CLEARWATER
PO IT OFfice .0)( 4'.'
C LEA R W ATE R, F LOR IDA. '''' 1 I . 4 1 .. .
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June 7, 1996
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Mr J Marc . . V: ~.. :. ir-4il- · '.:~~':ft. ',: ..;: ; ..:.'i'~l~; . ~..
577.50' thDUS~AO~~~#~>'~1..~~.~~~....~1~.~~, , . ' .!t.rt~~\!;~!flt ,~.
u uncan. venue": :~:~r~"<;s."..~~~"'~~1"!'i'~~ ~~,;\~.. 'i,';':lP'ii~~,';::~';J, .>, ...
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Oearwater FL 34616 :.' r '.-:', ,,'t':, ,~ , . , ":'~' : . ; ....".t';\!.; .'. :
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RE: Vogel Developni~( Agreement/ ~ociated Ann~xatiori ,and i:;rihig :AtJas
Amendments :. '. , . '.' ·
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This is in response to y~ lettei~~.J~e 4, 1996.' . .~~.~' ~:;-.~ '.~ .
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Firsltweha~e.discu~withYOti~~y.~~.~~~}~~~~!~~~~.~._~th ~':.'" ....
regard Jo this Item.. ~ )'9~ kn~l\'dv,e ~~~~!mc.!i2~ ~~ .. "j.. ,.'.' ii~"
Landmark Dri~e ~~at~~~~g~~~.pt :.'.:~~~~,~~~;~h~~~' ~ ~'f .~~.k ;~~_.: ~ }~~,
have had to delay~~ .an~~~g_~~ConSid~~~ol}:.::. ~~~~~.:'.'. :'-:.
agreement and assOCla~.?-Onirig,~4_~!io~ ~~~ ~~~1;.t~:~~Wjf~pt :.,~: ....
of yo~ co~ent~\tpJ;,~.~e}': . -,.~.~~~Rf ~~<!~&~P~1;rt~.. . ~;-' '.' '~;$~;~".;t. ~.i-~~1,
mornmg of the t.,j,,!ar' dmee '~-t.~..~~...." ,-U:"':'-~-r";.'tfjo;:"':':"J'-":. . ' - , ,,-. ,~~,:"..~.....,.~.....-
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Consequently, I remlrid yo'u that further delays may:~t in';- ftt: ~o.~ ~~ '.. ~.>.;: ::;( .
in pursuing this matter; if we cannot obtain the Landmark DriVe .right~f-way to
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~~:s~::::o:~~0'~1~~ta~~i~o':r1i~~~9~<:' ... .'.:"
eventuall obtak the'I~~ark'Drlv({ ""~'t~f-lYa:~"~t~tl~80~tdbr~th~k~~':' .;... . :.
our clie;fs . ,,_.', .~ ,.~~~~~~~ .,~~. .i-"a~" .ib'ixiiti~\l-~:'~'~~"c' ,..... .~.:. ,.' :~"~~'f: .- " ~::-
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Second, ~ince we ~tici?~te ~~~;:f'?o~~o~ o~ your. part now tl\a~~~~ ~' .~ .
once agam and ~~~~r-.a~p~~. ~~'t~:r'~~naI~ ~4;~~.,~~~.r'e. : :.... :.
have the folloWIng resp~~ to your co~~ts. .. .\ ~..., .".~ ~-~":. .='" ':'~".i' .;-:.~~ ~'.-~ p ,-. ~ .
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Dear Mr. Vemon:
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"Equal Employment and Affl,matlve Action Employ.,"
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Part 1- Paragraph 2:
. 'We have included language addressing. your comment in the a~~1\ed
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revised development agreement .'. . .' '. ......
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Part I - Paragraph. 6:
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. This differs substantially fro~ the veriion we negotiated in December,
1995 (and' continuously.nulintained in 9.u~uent drafts). We see' no n~ for'a
c~ange. . . .
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Part i- P~agiaph 13:"-~ :~." (' :.... .....; ,':. . . . ',. . :: ~>.:;. ':. .~~.:.. ~~, -,:-' ". . .
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, We have ~~Iud-ed ~angua'ge a4dress4'g your. comment in the attached ": . '.
revised development agreement ~ . , . ..
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Part 1- P%graph 14; 51l~graph 2:
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reytsed developmen,t aveement. ..,.... . ." :'.. ". . . '..' .' ..:.:'.' :
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'.:. . '.W~ .~v~:.uid~d.~.1angu~g~.ad~~~:i~lU' ~~ent in the.~aW.ch~" .:;: : ,,' '. .... :. ..'
reVise(rdevelcip:inent'a~enl'" ..' '.;'., . '. ...~~;. : '~.'': . ,.'. '. :. ,'. . . ,':.7- ....~ . .'
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.~ .:.... ..:J:....~..~.::....~..._1.. '..~ ~" ., >_ .'~:..~~ ~~:I~..:. :~.."....':"' '. .... :': ..,:.......~.. ,,'_ '.';" _..... .'; :....
.' 'We~~ .~ot.~m:e.'~f~hatyoti ai-Eratienj:p~g: ge~.atthrough your~~~ ':. . . ',".
. The' p~~agrap~ ~~d.es ~or.assi~~ility;.~q~ ~od~ ~ J;l~t permit..~~~. ~f 101$: .' .' '.': ;' ';'"
prior to final pla~g at\d deve!opment impi-9vemerits. However, we have .... ". . .'
adde41ariguage proyidfug that individual. lot owners shall be entitl~ to the . ..........
benefitS' of the a~eri.t. . . '. .... -' .. '. '. .,~.. '. .' .' '. . . <..::: ' .' . '. .
'. . . .....<;~..~..:.. .:.. ',:.~:.::'~" . ".' :' .:'.' .... ..... '.:.~:...,';'.>~.~'. .'. '::;..' ':.::' ':. ..'-~".. ..>:. ..' .'. . .... . . ".
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Part II - Paragraph 27:
Ordinances invo~ving' property annexation and zoning a~~ amend menta
will precede the development agreement in order of Commission consideration. '
Nevertheless, we have included language addreSsing your comment in the
attached revised development agreement'
Part III - Paragraph 33: '
Given the conceptual nature of your subdivision plans, we c~nnot commit
to prov,idit,tg the radial ~~~d curbing; however, if your pla~. ~m~ more
~gible 'from an engineering'persp'~tive d~g the construction'p~ess ~f ' .
Landmark Drive, we. may be able to accommodate your ~uest 'We cannot, . :
include this in th~ developmen~. agreem~nt, however. - . '
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Part 111- Paragraph 34: " .
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: , .. You have a~dy applied for the re-zonlng of the properlY },y'viifue Of" .
, th~. petition (or annexation dated May 17, 19:96. ConSideration of th~ annexation
. an~ re.:zoning is now schedu1~' for the June 18 Plaiming '~d zorung'Board and
June 20 and July 18 City Commission. meetings: ' .'.
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, Part III .:. Paragraph 35:. ' ':
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. . The ~sciriingiS:~~:.' ~~cbnark Dri~e'is iIi~aed b; ~~, ~ ~,~o~d:tiit .. .' " '.f..~.
for y~ur client's development to Enterprise Ro~d, not to McM~en-BOo~' Road . ,-,'.
through Marlo Drive. ,', ..,. ....' ,',' :'. : .....:.. '" .. . .
~, ". ., .:'. .' - , .:'. :'~'-,~' ::l',;'" " ".~' ~,;." ;:,:; : .......
prif.t IV ~'Paragraph 41: . "I .' '". , . .' .,,' . '. . " ' < :'~:.:' '. .:
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. .' See our cOmlnent under ,Part m 0# Paragraph 34. .,., .
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" Par(IV ~'Parag;aPh 44' . .:' , :'" :. "
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," ,.lhere is n~ need.for clarifi~~tion ~~ the Ri8 zo~g districtOJJTeJj~y,~' , ' ~ '. .:>.~:>..;~ :",
.. .. .' ... . ..... ." '.. .. .. eo .. . ", .. ... -, .- .. . . .. .... .. ~ ''""t-' .~. ..
.. piovid~ for a 10 foot re~'y~' ~tbacJ< ~d !he develoi>~erit a~ent ~: :; ':.' ,- : ,":: ; :~:' .. ~':~ .'
proVides 'for a 10 foot corner side' Setback.' . '. ", .',. ' lo .,.. ., ". ~
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Part IV - 'Paragraph sO: ,';', .~~ ::. ;. ': '" ':. ,'. , . ' ...' 1 , :, ~." . ". . <, .
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.' ~e have included.languag~ addressing yourco~ent in: the attached . .,' . " '
re~ develop~ent ag~e~l " : .:" .'.','.: . ' ,,' " , . ~ ". -', ' ..' .; .
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Part IV - Paragraph 51:
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There 1s no need for clarification: The wording clearly refleCts our more
recent discussions involving ,your commi~ent to ~tillze th~ retention area a~ ~ ~
roadway buffer if possible under sound engineering practice. Other P":i'agraphs
of the development agreement protect you from any requirements .that would
result in "extra" retention requirem~ts resulting from an over-zeaio~ e(fort to
provide a buffer not reflective of good~ .~al engineering. , .
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In a~.diti~1\,. purSuailt, to your reques~ we ~ve in~~rporated languag~ ':' .' '. _ .
concen:Ung controlling of the proyisions ~:the event ofconfli~ lsee'~graph,,'
19), expiration of the agreement (see p~ragraph 24), and ~linimu~}ot size ( see
paragrap~43). .., . '. " .' . . ,
. As you ~art see~'we have been able to incorPor~te ~6st of ;~ur 't~~~~ bt
short order. We will not be able to make fQrther adjustments to the. attached. '.
developme~t ~greeffie~lt d~e to the need .~ transmit it to our d~isi~n-m8kerS ,in ,
a timely fashio~. The c;:{ty Commiss~on ~ ,?f courSe hav~ the ~l dedsio~: .:....... .
m~king aut:h~rity regarding the language of the agreemenl " ..'...' .' :'..... .:' ,
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. Thank y~u for rour ~terest in the City of ~earwa~~
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E"be'~ DePJ:\\; ...
City Manager. '.. ' ':" = "
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tt:Mayo~ ~d City ~ommissioners. '
Vogel. Family ~ ..... .
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Jun-07-96 OZs31A
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hne 4. 1995
Ms. lttllo DwpU-St.det
AuIJlw City AlfCtMy
ClTY Or: CI..UJlW A TEJt
P.O. 8014141
Ck.arwaw I PL ).C611
Dear Ms. DOUI.n.Skka:
It E: Landlnuk Of iYelVocel Property: DovtlC?1nOnt Aeceomonc
Th1t offICe ~ d\e revJud deve~mcnt apemen( OIl Wednesda,. Ma~ 22. You have
IIppUCI\t1y lnootpotaltd Ilreal dell of tt1'on (ft mlldl'll \be revisions and for &he mOlt pair have
dealt with \he O\ItSUhdi"l lssutt. 11\a~ beta .t)Jc to review &hI. doeumeAC wit" my clkAt and
VtaMtl4lO fCIfWard ~b r~ for 10Vr rtV>>W prior SO !be Plann1na and 20m,.. Board moedq
chit afternoon.
Pkase ~ II') ~ II "(W~ bcJcrw. Jft lltu of providif1l sp<<lfIc 1fIJftAlldca1
dgftlM 1 am providi"l for your ClOnSldctalloQ .eneraJ OOIM\taU. l.a1tr 1Odl~ I &n\ sure )'O'J
U1d I win be able co prcwllk the ~ ~
COMMENTS:
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PQIf I - 1'orv&Np/t 2.'
The ~t1ls owned In joInt IenIrq wltb t"ht Dr J1niwnhlp.
Ptur I - ~tJ/'QlropIa ~:
la &be Mm of . ""'leftIe. aDd'1n eM evont we QJmOt qtee on . mponse. efthct I*IJ
.hookS be able to tenltlnaCC the;-eeemeltC dtereb)' ca.lina all obliptJons.
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Jun-07~96 02s32A
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P.03
M, ~. S~ U:OO ~t F':1
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\ Ms. IaII6 DovllU.SMSeI
A"i.Clnl CIty AUOtM'
June., Jm
I 'tit 1
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'0"' . POfYJ,MpIs I J:
I beliM thaI tho f.UUfC of tile city to pt'O'V~ .uch oertibJon dmeJy ahan be deemed
certif1cation lMl mo d&ve~., jJ In compUance.
I'dlf I. !-gffllTf1ph I~. sltb-p4f'aIrap/a l:
1'bc dewlapet ~Id ~Ivc malJe4 notioo of aaenda I.ems which \fi0tl1d doct dll.
'ilee~. Purthtc'. the cooullluSon sbould haYllS*lflc nndln,s of fRd dal1 all ftvc
or tho cricttla In lub-par"t~h 2 I\l"'t bten m8C.
'art I. PtU'tJ,h2pIs 14, sflb1XJrGlrrq>h J:
I believe thIs prnvtrlon Is In rvkard &0 C\IfrMC effective ordlnanc:es. Pkaso inform me
of wbat is 10 be completed under sut>-mtJc>n (d).
!mf I - PGNlropIt l'.'
. We cSo not object U) . limitAtion on wi.nmonI until &be J..artdllWt Drl~ rtaJu.o(-war
1s cScdtc.aled. Howevec, me inlOrlor r~""')' dCldlc.6CJoII. U provkSed In para.1'IPb 26.
wn. nol be comple\ed until rnosr or 1M dtvcklp~ Is COI'()pItced and 1M ,lie" pbtled.
The Ihb may be ,old by me" and fichu In Ibis q1'Nft)fQt nK.IIt ~ ablo 10 be assfaDDd.
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. 'lIlT 11. 'iZ1'tlINJp" 26:
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1 would au"eM we r&-wotd Chis proviajon IUCh that.U 1'Oftdwa)'$ needed to tocetl ....
1 Ii",.. famll)' dcvdopmem and ~ approved Oft. she plan sL.Il1>e dtdlcated for pub1lo
UM.
\ P/JllII. """''''''''11:
I This J'V8,npb need, to be re-WOfkcd audt 1bat Ik wnlne of tho ,Ile and .1I1Iems au
&he oo~n.aaJ plll1l aball be dcofMd adapt.ed by 1M fW)NJIr1 authority. 11Ic Walla:
of 1M panataph may !heft .ta~ aha. &be .ice pbn and qtoetrln<< -wrcMh ., well as
any dW\aM Of -ntiances ~ed IUbxquenc to (he ~11ou art subjcc( to ~rt
approYII.
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P.04
Jun-07-96 02:32A
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IG-"-l_ "'. >>:11 '1IIIJi
TB..: 4~26
An 41. '996 at:82 1ft ,...
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Asalttl1lt eft, A uorne.,
"'ne -. 1996
Paee )
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The dry UIIJl\MC' bad asa\Rd me that It pan of the lAndmark Drive ItnprOVemelttl. d\e
city would provide che DcCetS&ry curb and dliveway DJ\1 and pevlna tuf1l-OUCI co the
LAndmazk rleht-of.way for tho IIntlo family devetop,~.nt
.1 .
'tJIt 01 . PdJ'a,rapIt U.'
EiCher Cract thould be able to be de~ Independentty or cbe ocher. I 11ft '~Iy
wnnod abo", the reqcdrtmcnt 10 JW1y (01 & 1~.tDt'li"' or the parcob. 'J'bc adopcinn Df
tho ~ ton1nt (Of W" pltOllfl is ODe of the primuy drivinl force. rot my en......
belief dm a devcJopmMI a,reement is nuded. The ~wy z.onine needed. \0
accomplish the do-.,oJopmebt u depidt.d on che OOncopf praM mull bo adopied as. pan
or the development 1i1"MmMt.
Pan III - Ptttl1ltflplt JS.'
1 wlU DMd some dulrlCadon ~ to U\e reasonJna betlihd tho requlrtmtat 01 . 1eIl....
"aht-ouc turn confiauratioft.
/I'M tv - "tlr4ftdpA ./1:
Nea.se ~ ~y commeJ1ta ntAti". 10 pan&l~b 34 IWve.
'11" '" - "GfOI"'l'h 44..
I J believe dlls provision nwSs aome e1aborltlon repzd1na die. fie( lhal comer.1de SOtt&d
tIKInt eM aide frondnc a rialn..of'-w,y.nd lhlt pangra(1b ,bou1d fur1her Iddra. the 10
fooc tetbKt aJona l.androarIc DrIve.
I I'.n rv - 'artl,rwpit SO:
I. 11M \ltnfty eaJQmtnt conccmpla~ herein would likewise" lIaliud to fell fCd for all
C.QfDU loti no< just \ba ClUfnet' ~ allhe emy.
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Jun-07-96 02:32A
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TQ.: ~~
P.05
J\.H. 4,1996 u: 03,., r S
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M., tAcHe Douttlt-S'dee
ANIIv.n& City A aomeJ
lucae 4. 1996
'ltt .
1'411 IV . 'ara,"'" ",.
I I do not blU,..,. "'" It II ralr for the devclopet U) be aubJocc.od 10 1M opmlons 01 eM
I plannlnc ,,-ff rt.ardlftl the en,huri'.'f d6li,n of the project. Tbcrcfott 1M issue r...,ct.", fbe
I re&Uauon pondI would N>>d 10 ptOVWH rMl ,cod enafocertRl practice at the desll" ensfnetl'l
disetetioA, lr you (ecllt nectla&ry 'NO CAn further limit tLll bo addin. Jlnptee that such dellC.
I ~Jd nc.c:d to I1\6tt city codet.
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I am ton ins forwan' co lpe.akina Vtidl )OU d\fa af\emooa.
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See Agenda Drawings
#11 6-20-96
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Item # 12
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Clearwater City Commission
Agenda Cover Memorandum
) rJ "':::.::.:",:>:::::::::::::::::::::::::;::::::::::::::::
(~'tem II: :......:::::i:I:::.:I::;::.[::::.::.;::::::::[::::::;:::::::::[:::.;::'::::1
Meeting Dale: 1~11~111!
SUBJECT:
Land Development Code amendment defining "public safety facility, II identifying zones where public safety
facilities may be allowed, and providing standards for approval. (LOCA 96-11)
RECOMMENDA TION/MOTION:
Approve Land Development Code amendment defining "public safety facility" identifying zones where public
safety facilities may be allowed, providing standards for approval and pass Ordinance No. 6044-96 on first
reading.
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
This ordinance was prepared to address issues identified by the Pinellas Planning Council staff upon review of
recently adopted City Ordinance No. 5971-96 revising the definition of "utility facility" to include police
substations.
The attached ordinance:
" Provides a definition of "public safety facility" which broadly includes police substations and other similar
uses.
Identifies public safety facilities as a permitted use in the Urban Center Core, Urban Center Eastern Corridor,
and Public/Semipublic districts. It further identifies public safety facilities as a conditional use in residential,
office, commercial and industrial districts, and provides standards for approval.
" Specifies the applicability of area thresholds set forth in the Rules Concerning the Administration of
the Countywide Future Land Use Plan as Amended.
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The Planning and Zoning Board endorsed this ordinance to the City Commission by a unanimous vote on
June 4, 1996.
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CUrrent Filcal Vear
Commission Action:
o Approved
o Approved w/Conditiona
o Denied
o Continued to:
ReVlew:~? :i~:il~~i::= ;&;'fht~I@;1:WWjM
:~~~~~:. .:;;;;:1';:;.;';::;:~:;;=:i;;=i~r:i.1';:;;;::;;:'.::::1:1: .::~j:t:t:i~::::t:t~;M0itij::!::::::::::::j:[:::::::[::::::::::::::[:j::::[!::
IS :::(::t(:Hf)N/Atttfff:
ACM :t:f:rt,=::::r:::" .::.....,,:.::::,,::::::::(:::
~h.r LWijjWmmffY:: liiillltttltllll
Submitted by: CNot Required
~~~' ---lo Affected Parties:
~G-' 0 Notified
City M ger' 00 Not Required
o Printed on rClcycled paper
Costs:
::::::t:::(:.:::t:t:::\::::::)($.NhC:
Total
Funding Source:
o Capital Improvement:
~h." O..,....ljiit\itiil'jlil~iill!~;lill
Attachments:
}Q~aM.M~::N~:~:J.o4M"':(:fU
:;:::?:j;:::::::::}H::::::0:~~j:j:~:m~:0:11i'::0Hn~2:~e
o None
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AN ORDINANCB OF THE CITY OF CLEARWATE~
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODB; AMENDING SECllONS 35.11, 40.034, 40.035, 4O.043,
40.044, 40.064, 40.065, 40.084, 4O.085, 40.104, 40.105, 40.124,
40.125, 40.134, 40.135, 40.144, 40.145, 40.164, 40.165, 40.184,
40.185, 40.204, 40.205, 40.224, 40.225, 40.243.1, 40.244,
40.266, 40.284, 40.285, 40.304, 4O.305, 40.324, 40.325, 40.344,
40.345, 40.365, 40.366, 40.384, 40.385, 40.404, -roA05, 40.424,
40.425, ~.434, 40.435, cW.444, 40.445, 40.464, 40.465, 40.474,
40.475, 40.484, 40.485, cW.504, 40.505, 40.524, 40.525, 40.543,
40.545, and 41.053, CODE OF ORDINANCES, TO DEFINE
"PUBUC SAFETY FAClllTY, " TO DELETE POUCB
SUBSTATIONS FROM THE DEFINITION OF "UTlllTY
FACIUTY" AND TO DELETE LANGUAGE CONCERNING
POUCE SUBSTATIONS FROM THE SUPPLEMENTARY
STANDARDS FOR UTIlITY FAClllTY CONDmONAL
USES, TO AllOW PUBLIC SAFETY FAClllTIES AS A
PERMlTTED USE IN THE CORE AND EASTERN CORRIDOR
SUBDISTRICTS OF THE URBAN CENTER DISTRICT AND
IN THE PUBUClSEMlPUBUC DISTRICT. TO AllOW
PUBUC SAFETY FACIUTIES AS A CONDIDONAL USE IN
ALL RESIDENTIAL DISTRICfS, TIm LIMITED OFFICE
DISTRICf, GENERAL OFFICE DISTRICf, NEIGHBORHOOD
COMMERCIAL DISTRICT, NORTH GREENWOOD
COMMERCIAL DISTRICT, BEACH COMMERCIAL
DISTRICf, RESORT COMMERCIAL 24 AND 28 DISTRlcrs,
GENERAL COMMERCIAL DISTRIcr, INFlLL
COMMERCIAL DISTRICf, ffiGHWAY COMMERCIAL
DISTRICf, . COMMERCIAL CENTER. DISTRICT,
DOWNTOWNIMIXED USH. DISTRICF,' BAYFRONT AND
TRANSmONAL SUBDISTRICTS OF TIIB URBAN CENTER
DISTRICf. LIMITED INDUSTRIAL DISTRICT, AND
RESEARCH, DEVELOPMENT, AND OFFICE PARK
DISTRIcr, AND TO IDENTIFY STANDARDS FOR
APPROVAL FOR PUBUC SAFETY FACll...lTIES IN THE
AFOREMENTIONED DISTRICTS WHERE ALLOWED AS A
CONDffiONAL USE, TO SPECIFY THE APPUCABlllTY OF
THE AREA THRFSHOLDS SET FORTH IN TIlE RULES
CONCERNING TIlE ADMlNISTRA nON OF THE -
COUNTYWIDE FUTURE LAND USE PLAN AS AMENDED;
PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 6044-96
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BE IT ORDAINED BY TIm CITY COMMISSION OF TIm
CITY OF CLBARW A TER, FLORIDA:
~tion 1. Sections 35.11, 40.034, 40.035, 40.043, 40.044, 40.064, 40.065, 40.084,
40.085, 40.104, ,w.IOS, 40.124, 4O.1~, 40.134, 40.135, 40.144, 40.145, 40.164,
40.165. 40.184. 40.185. 40.204, 40.205, 40.224, 40.225, 40.243.1, 40.244. 40.266,
40.284, 40.285, 40.304, 40.305, 40.324, 40.325, 40.344, 40.345, 40.365, 40.366,
40.384, 40.385, 40.404, 40.405, 40.424, 40.415, 40.434, 40.435, 40.444, 40.445,
40.464, 40.465, 40.474, 40.475, 40.484, 40.485, 40.504. 40.505, 40.524, 40.525,
40.543, 40.545, and 41.053, Code of Ordinances. are amended to read:
Sec. 35.11. Dermitions.
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:
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fuh/ic sqfe'Y-/adlity m~n~ a use ofJandJnvotyini a building ~upie4Jly a pu~
a~ency incJ.udinaJ>ut not limitedJo, poli~ stations and...mbstatiOD5, fire stationc;, and emer~e~
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UtiUty facility means the use of land, improvements or facilities thereon by a public or
private utility, including but not limited to potable water facilities and pump stations, remote
switching stations, wastewater treatment plants and lift stations, police 6\lbstatiOBS, electric
substations, and power generation facilities. This definition does not include transmission and
distnbution lines, water or sewer mains, bacldlow preventers, transformers. traffic signal control
cabinets, and similar equipment not generally considered to be strucbJreS.
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Sec. 40.034. Conditional uses.
Within Single-Family Residential "Onew Districts, (be following uses may be allowed as
conditional uses:
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ORDINANCE NO. 6044-96
2
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ORDINANCE NO. 6044-96
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Sec. 40.035. Use 11m1tadons.
I1l<Uol10wini use Jimjtatioru; apply to si~le-famity residential "pne" distri~
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m The pennitted..and condjtionalJls~ allowed in tb..is.JJisttict ~ject to the
aI:ea _e. to such uses as set forth in the Rules .concernine the Admioistration of
the CQuntywide E1Jture Land..1J.se..fJan as Amen<kd..
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Sec. 40.043. Conditional uses.
Within single-family residential 2 districts. the following uses may be allowed as
conditional uses:
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!3l
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Sec. 40.044. Use Umitatfons.
The following use limitations apply to single-family residential 2 districts:
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!S.l
1he...C
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3
Sec. 40.064. CondJtlonal~.
..
Within single.Camily residential 4 districts. the following uses may be allowed II
conditional uses:
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(3)
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Sec. 40.065. Use limitations.
The following use limitations apply to single-family residential 4 districts:
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(4) The pennilted...and ~ndition.al u~es aUoweQ.in...thiuJistrict s~ ~bject to the
area _~ to suchJlses as set fur1h in ~es Concemini the Administration of
!he Countywid~ BJture Land Use Plan as Amen<kd..
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Sec. 40.084. Conditional uses.
Within single-family residential 6 districts. the following uses may be allowed as
conditional uses:
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ill ' . .
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Sec. 40.085. Use llmitations. ., ,-
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The following use limitations apply to single-family residential 6 distriCts:
"\
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(4)
~ th.resho.ld appIkable to such uses as set forth in the Rules Concemin2 the bdminjstration o(
the Countywide Future Laud Use Plan as Amend~
ORDINANCE NO. 604+96
4
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Sec. 40.104. Conditional uses.
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Within singieMfamily residential 8 districts, the following uses may be allowed as
conditional uses:
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(4)
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Sec. 40.105. Use l1mitations.
The following use limitations apply to single-family residential 8 districts:
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(4)
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Sec. 40.124. Conditional uses.
~.
Within multiple-family residential 8 districts, the following uses nuy be allowed as
conditional uses:
The following use limitations apply to multiple-family residential 8 districts:
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ORDINANCE NO. ~96
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Sec. 40.134. Condltional uses.
Within Multiple-Family Residential "Ten" Districts, the following uses may be allowed
as conditional uses:
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(6)
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Sec. 40.135. Use limitations.
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the Countywi<k Future ~an as Ame~
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See. 40.144. Conditional uses.
Within multiple-family residential 12 districts, the fonowing uses may be allowed as
conditional uses: ...... ~ . ~ . ...... .
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Sec. 40.145. Use limitations.
The following use limitations apply to multiple-family residential 12 districts:
ORDINANCE NO. 604+96
6
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(6)
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Sec. 40.164. Conditional uses.
Within multiple~family residential 16 districts, the following uses may be allowed as
conditional uses:
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ill
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Sec. 40.165. Use limitations.
The following use limitations apply to multiple-family residentia116 districts:
" . . . . .
!8)
the Co
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See. 40.184. Conditional uses.
Within multiple-family residential 20 districts, the following uses may be allowed as
conditional uses: . . -,- - '. ..
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ORDINANCE NO. 60<<.96
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Sec. 40.185. Use lfmltatfons.
The following use limitations apply to multiple-family residential 20 districts:
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the CQllnf.)-wide..Euture LandJlse Plan as Amcmkd..
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Sec. 40.204. Conditional uses.
Within multiple-family residential 24 districts, the following uses may be allowed as
conditional uses:
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ill
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Sec. 40.205. Use limitadons.
The following use limitations apply to multiple-family residential 24 districts:
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ORDINANCE NO, 6044-96
8
Sec. 40.224. CondJtfonaJ uses.
Within multiple-family residentW 28 districts, the following uses may be allowed u
conditional uses:
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Sec. 40.225. Use limitations.
The following use lintitations apply to multiple-family residential 28 districts:
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(8)
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See.4O.243.1. Conditional uses.
Within mobile home park districts, the following uses may be allowed as conditional
uses:
The following use limitations apply to mobile home park districts:
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(4l The pennitteQ.a.nd conditional }l$eS allmYed in tbis district shallJ>e subj~t to the
axea _~ to .sucb uses as set forth in t..beJMts CQ~min~ the..&lmjni~tration of
IDe CountyWick..FutureLand u~ pjap ~ Am~~
ORDINANCE NO. 60<<-96
9
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Sec. 40.266. Use llm1tatfons.
lheJo.llowini use limitations apply to planneQ...dkYclopment districts:
ill All uses within planned development districts, whether permitted, conditional or
nonconforming, shall be conducted in consonance with the use standards contained in sections
42.22, 42.31,42.32 and 42.35.
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Sec. 40.284. Conditional uses.
Within limited office districts, the following uses may be allowed as conditional uses:
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Sec. 40.285. Use limitations.
The following use limitations apply to limited office districts:
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~. 40.304. Conditional uses.
Within general office districts, the following uses may be allowed as conditional uses:
ORDINANCE NO. 60<<-96
10
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(6)
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Sec. 40.305. Use Umitations.
The following use limitations apply to general office districts:
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ill The permitte<land conditional uses ~ in tbis district shalLbe Slbject to thQ
~rea _e to sUch uses as set foIjb in the...Ru1es Con~I1lin2 the Administration of
.the Countywid~Future Land Use PJan as Amendeda.
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Sec. 40.324. Conditional uses.
Within neighborhood commercial districts, the following uses may be allowed as
conditional uses:
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See. 40.325. Use llmitations.
The following use limitations apply to neighborhood commercial districts:
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Sec. 40.344. Conditional uses.
ORDINANCE NO. 604+96
11
Within the North Greenwood ccmmercial district, the following uses may be allowed as
conditional uses:
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(2l
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Sec. 40.345. Use llmitatfons.
The following use limitations apply to the North Greenwood ccmmercial district:
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!6l The permitted and-COllditiQnal uses aUowedJn.J.hiulistrict shall.be subject to the
area ~d app~e to such uses as set forth in the Rules Concemini tkAdmini!';trafjon of
!he CountywideYuture Land Use ~an as AmendOO...
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Sec. 40.365. Conditional uses.
Within beach commercial districts, the following uses may be allowed as conditional
uses:
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am
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See. 40.366. Use UmltatfoDS.
The following use limitations apply to beach commercial districts:
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ill
area _e to such uses as set forth in the Rules Concernin2 the...Administration of
the Countywid.eJ?uture Land Use ~an as Amended..
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ORDINANCE NO, 60<<-96
12
, .," ,l' " . ~
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Sec. 40.384. Conditional uses.
.~, :"
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Within resort commercial 24 districts,.the following uses may be allowed as conditional
uses :
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am
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Sec. 40.385. Use limJtations.
The following use limitations apply to resort commercial 24 districts:
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!8)
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Sec. 40.404. Conditional uses.
Within resort commercial 28 districts, the following uses may be allowed as conditional
uses:
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am . . .
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i -. " :" . .-
r,,...,.
ORDINANCE NO. 60<<-96
Sec.40.405. Use Umftadons.
".. .
,. "'" _ J'
Tbe following use limitations apply to resort commercial 28 districts:
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Sec. 40.424. Conditional uses.
Within general commercial districts, the following uses may be allowed as conditional
uses:
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(l8)
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Sec. 40.425. Use limitations.
The following use limitations apply to general commercial districts:
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-'.. -, ,.- f"
~ .;.:..) ..-'..........-...-.- .
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Sec. 40.4J4. Conditional uses.
Within Infill Commercial Districts, the following uses may be allowed as conditional
uses:
.'<
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(22l . . .
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ORDINANce NO. 604+96
14
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Sec. 40.435. Use UmltatJODS.
lkfall' li" l' fill ~
OWlOi use JDlfptiOns app y to IV oommerc ·
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Sec. 40.444. Conditional uses.
Within highway COIIUl'..ercial districts, the following uses may be allowed as conditional
uses:
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(11l
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Sec. 40.445. Use limitations.
The following use limitations apply to highway commercial districts:
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Rules ConcerninB the Administration p.(
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Sec. 40.464. Conditional uses.
Within commercial center districts, the following uses may be allowed as conditional
uses:
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ORDINANCE NO. 60<<-96
(U}
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Sec. 40.465. Use Umftadons.
The following use limitations apply to commercial center districts:
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Sec. 40.474. Conditional uses.
Within downtown/mixed use districts. the following uses may be allowed as conditional
uses:
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See. 40.475. Use limitations.
1ht..followin2 use litDitations apply to downtown/mixed use districts~
.... .,.._..... ,'..\ "-....0
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.,. .............,......................:.....~,,__ e-__
t
..:..- ........
!2}
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ORDINANCE NO. 60<<-96
16
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Sec.40.484. Permitted uses.
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(2) WitJUn the Core subdistrict, only the following uses and structures designed for
such uses shall be permitted:
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(3) Within the Eastern Corridor subdistrictt only the following uses (and strucbJres
designed for such uses) shall be pennitted:
* . . . .
!W fubjic safety facilities,
. . . . .
Sec. 40.485. Conditfonal uses.
. . . . .
(1) Within the Bayfront subdistrict, the fol~owing uses may be allowed as conditional
uses:
. . . . .
00 . . .
. . . . .
(3) Within the Transition subdistrict, the following uses may be allowed as
conditional uses:
. . . . 41
(q) . . .
. . . . .
ORDINANCE NO. 6()4<<-96
17
Sec. 40.504. Condldonal uses.
Within limited industrial districts, the following uses may be aUowed as conditional uses:
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Sec.40.50S. Use limitations.
The following use limitations apply to limited industrial districts:
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!Ul The peonitted..and conditional uses allowed in thjs distJjct shalJ$ subject to tbc
area _e to such uses as set furthJnJhe Rules Cp~rnini the Administration of
!he Countywide Future LandJJ~ Plan as Amended...
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Sec. 40.524. Conditional uses.
Within research. development and office park districts, the following uses may be
allowed as conditional uses:
. . . . .
Q). . . .
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..... _ a . '"
. . . . .
Sec. 40,525. Use limitations.
The following use limitations apply to research, development and office park districts:
.
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(2) The pennitted...and conditional uses allpwedJnJhis district shalL.he.-SUbject tQ ~
area ~e to such uses as set fort.h...in...tWLes COJ1CeuUn2 the AdI]1inistration !>!
.
ORDINANCE NO, 60<<-98
18
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5<<. 40.543. Permltted uses.
Within public/semipublic districts, only the following uses and structures designed for
such uses shall be permitted:
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!Ul
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Sec. 40.545. Use limitations.
The following use limitations apply to public/semipublic districts:
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a.u
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Sec. 41.053. suppremenW'y standards by category or 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 sball be
authorized unless determined to meet all of the standards applicable thereto.
.
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!2S...U
ofli.ce...d.istrict. ~enerat offi~ district, ne~ comrnerciaLd.isldct. North
Greenwood commerciaLdistrjct, ~ co11)mercialdistrict, resort commerc~
and 28 districts, 2enera] commercialdistrict, infill comme~i~
'a.lJJ' · 'al' d' Oct d YiIJl' ed d"
commercl lStrict, commercl center lstIi , ownto mIx use istri~
bayfront and tnitl~itionaUubdistricts of~an center district, Jimi~ustria1
district, and researc~opment an<Loffice parUistrl~ upon detenni~tiOQ
1ha1Jhe use <;nmplies with.Jill.Jl.f the 2enera1 sta~ contai~ in section 4J .052.
, ,
ORDINANCE NO. 604+96
19
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(29.2) Utility facilities may be allowed aJ a conditional use in all zoning districts except
the limited industrial and public/semi-public districts, where they are allowed as a
permitted use, subject to all of the following:
(a) The size, scale, mass, noise generation, emissions generation, traffic
generation, and appearance of any buildings, structures, and facilities shall be
reasonably compatible with surrounding land uses.
(b) The use shall be buffered from adjoining properties in a manuer consistent
with its size, scale, mass, noise generation, emissions generation, traffic
generation, and appearance to ensure compatibility with surrounding uses. At a
minimum, the use shall meet the perimeter landscaping requirements of section
42.27(3) for n011 residential properties, unless located in an area where the
environmental characteristics made such buffering impractical, Pelice substations
mny be exempted from-these requiremeets if, in the--(}pinion of the planning and
wning-board, compliance tNith the requirements is unnecessary f~r compatibility
with the 6U!Touading uses,
(c) 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 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:
Cynthia E. Goudeau, City Clerk
ORDINANCE NO. 60<<-96
20
. . ' . . ::..'J, ~ ';... ~ . \'~ ':.,':,:" .. ,~ -' - , .' '."
.' .
G;k ~
-
c/~ :5
Clearwater City Commission
Agenda Cover Melnorandum
13
.
., .........."..,. .............
.' ;~~d.~~::;{.j~::~~~\/?\/;;{(;):\r?f~{i
.:.::-:...;.:-:.....:.:.;.;-:...:.;:-:.;.;-:-:.;.;.:.;-:.;.:.;...;-:.. .'.
Item /I- ::::,::,',:,::':"::::'::":::::::::,,:'::::,:::::::::::,:::,:::::::::::::
. .......'. ......'....,................,.................:...
.........
:':::-: ~:~: ::~(;:: .;:;\~:{})i:~;::;:::);;;.:.:::.:{:::
Meeting Date: ~:ji~!.e:::.~:::.: :::::......:-.:
SUBJECT:
land Development Code amendment allowing bed and breakfast inns as a conditional use within
the Multiple Family Residential 10 District, Neighborhood Commercial District, Beach Commercial
District, and Resort Commercial 24 and 28 Districts. (LDCA 96-09)
RECOMM ENDA TIO N/MOTION:
Approve the Land Development Code amendment for bed and breakfast inns as a conditional use
within the Multiple Family Residential 10 District, Neighborhood Commercial District, Beach
Commercial District, and Resort Commercial 24 and 28 Districts and pass Ordinance No. 6045-96
on first reading,
and that the appropriate officials be authorized to execute same.
BACKGROUND:
City staff received a request from Mr. John Doran to include bed and breakfast inns as a conditional
use in the Beach Commercial District. Staff concurs. Furthermore, staff proposes to allow bed and
breakfast inns as a conditional use in four other zones where there is presently no accommodation
for this use: the Multiple Family Residential 10 District, Neighborhood Commercial District, and
Resort Commercial 24 and 28 Districts. The use will be compatible with other uses in these
districts and may create some additional development opportunities consistent with the City's
economic development goals.
The Planning and Zoning Board endorsed this ordinance to the City Commission by a unanimous vote on
June 4, 1996, with the following changes. Staff agrees with these changes and they have been
incorporated into the attached ordinance.
.. The 500/0 floor area limitation (Section 41.053(d)) has been revised to apply to single family uses
only.
. Section 41,053(e) has been revised for clarity.
ReVieWedL~:~1 :::;::;:;~:::::;:~;:::;::;:;;4.~:;;;;!.~:;;!;::::;:!:;:!' :t~:M:~~\t;a.~'t5::;;i16i~:tm::::m:(:mr:
Budnet ...............NtA............... C
. .............'............... {-I!t........................... J
~~~c~a:::. ::;':;::~:':;:::.:~;;:'::;:::~~:;::!::'i:';i::..'::::.:: :::::):0!0:~:::m:{:rt]:W0t:~:~:::::::::::::.:::::::::::::::::::::;:::::::::::::;:
IS {f)\::W::::fN/A:/:tt:f:::::::
ACM '::..:.:::::rtt.(:::f::
Other
Costs:
Current Fiscal Year
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
tt:(:::})::/):{{{):$?N}i(i
Tot81
........".............................
:;:;:::;:::;:::;:;:;:::::::;:;:;:;:;:;:;:;:::;:;:::;:;:::::::;:::::;:;:::::;::
............................."........
::::::;:::::::::::;:;:::::::::::::::::::'.:::::::::::::::::::;::::::>:::::::;.
. .. .. .... . . . . . . . . .. ... ......
Advertised:
. ...~ 1\ll'~l~III.~II~~!i!i'!'
o Not Required
Affected Partlas:
o Notified
nn Not Required
Funding Source:
o Capital Improvement:
g operatlng:.:::::::::::::..::::)::.?\~::::/::::::::::}::,~::.
.. .
Other: ,....::.:.: : :.:.,.:.:.:.' :::.::,::::::,. ....
Attachments:
'.:rbHnlli~~:.N:~>:~94~~$tl:::):::\:::.
Submitted by:
City .Ji::'J<<!
.. '. t~pr~~ri~t:i:~r?O.d~<>
.. . .. . .. . ..
.. .". .... ....
.. " ..".....
. '. . . . . . . .
..... . .....
o None
o Printed on recvcled paper
.QRDlNANCE..NO. 6045-95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 40.134, 40.324, 40.365,
40.384, 40.404 AND 41.053, CODE OF ORDINANCES, TO
ALLOW BED AND BREAKFAST INNS AS A CONDITIONAL
USE IN THE MULTIPLE FAMILY RESIDENTIAL "TEN"
DISTRICT, NEIGHBORHOOD COMMERCIAL DISTRICT,
BEACH COMMERCIAL DISTRICT, AND RESORT
COMMERCIAL 24 AND 28 DISTRICTS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Sections 40.134, 40.324, 40.365, 40.384, 40.404 and 41.053, Code of
Ordinances, are amended to read:
See. 40.134. Conditional uses.
Within Multiple-Family Residential "Ten" Districts, the following uses may be allowed
as conditional uses:
(1) Level IT group care.
(2) Congregate care.
(3) Noncommercial parking.
(4) Residential shelters.
(5) Utility facilities.
!6l
tic * * * *
Sec. 40.324. Conditional uses.
Within neighborhood commercial districts, the following uses may be allowed as
conditional uses:
(1) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone;
(2) Package alcoholic beverage sales (package sales);
ORDINANCE NO, 6045-96
1
. ... .'. ..\ _ .... 0.. .....'..........._~..... Ir.. ....,f... ~ ~. ...,. . . ... _, ... ~ .._...~.I..... ....._,
(3) Level I group care;
(4) Level n group care;
(5) Level ill group care;
(6) Congregate care;
(7) Child day care;
(8) Veterinary offices;
(9) Residential shelters;
(10) Noncommercial parking;
(11) Utility facilities;
(12) Adult day care;
(13) Outdoor retail sales, displays and/or storage.;.-:-
!14l
*
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*
*
*
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Sec. 40.365. Conditional uses.
Within beach commercial districts, the following uses may be allowed as conditional
uses:
.-
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
.. . ..... "-"'"a. \ .... ,,........p . "" '" t .. ,. ..... t ..
Outdoor commercial recreation/entertainment;
Nightclubs, taverns and bars;
Package alcoholic beverage sales (package sales);
Marina facilities;
Vehicle service;
Video electronic game rooms;
Veterinary offices;
Utility facilities;
ORDINANCE NO, 6045-96
2
...,. . ~
(9) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone~,:,
am
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*
*
*
*
Sec. 40.384. Conditional uses.
With resort commercial 24 districts, the following uses may be allowed as conditional
uses:
(1) Business/professional offices which serve the tourist;
(2) Nightclubs, taverns and bars;
(3) Package alcoholic beverage sales (package sales);
(4) Outdoor commercial recreation/entertainment;
". .
':
(5) Recreational vehicle parks;
(6) Marina facilities;
(T) Video/electronic game rooms;
(8) Utility facilities;
(9) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone,;,-:-
am
*
*
*
*
*
Sec. 40.404. Conditional uses.
Within resort commercial 28 districts, the following uses may be allowed as conditional
uses :
(1) Business/professional offices which serve the tourist;
(2) Nightclubs, taverns and bars;
(3) Package alcoholic beverage sales (package sales);
ORDINANCE NO, 6045-96
3
(4) Outdoor commercial recreation/entertainment;
(5) Recreational vehicle parks;
(6) Marina facilities;
(7) Video/electronic game rooms;
(8) Utility facilities;
(9) Restaurants serving alcoholic beverages located within 200 feet of a church or a
school or with outdoor seating where the service area is located within 200 feet of
a residential zone~-:-
am
*
*
*
*
*
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 determined to meet all of the standards applicable thereto.
*
*
*
*
*
(3) Bed and breakfast inn uses may be allowed in the
district, 1x:ach commerciaLdistrict, resort commerciaLM...awL2.Uistricts, infill
commerCial district, downtown/mixed use district, urban center district, and all
residential districts, subject to all of the following:
(a) The hours of operation are compatible with surrounding uses;
(b) The volume of traffic generated by the use is compatible with surrounding
uses ;
(c) Such uses shall only be provided in principal structures containing not less
than 1,500 square feet of gross floor area;
(d) not more than 50 percent of the gross
square footage of the principal structure shall be utilized for the bed and
breakfast use. For the purpose of calculating the area of the structure
devoted to the bed and breakfast use, only the floor area of the bedroom
and bathroom areas utilized by the bed and breakfast guests shall be
considered in such calculations;
ORDINANCE NO, 6045-96
4
..r:.... ;. '.
(e) The \lSe structure, site or location associated with the use shall contribute
significantly to the promotion of the city's historical, cultural or natural
heritage.
(t) The structure containing the use shall meet all applicable life safety codes
prior to the issuance of a certificate of occupancy.
(g) The use complies with all of the general standards contained in section
41.052.
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
I.
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
J
.
I
I
,
ORDINANCE NO, 6045-96
5
A
W
erG
Clearwater City Commission
Agenda Cover Memorandum
/~ ...::,.:.::..,..,.".-:.:,'./:'''/:'.,:-:::'.
" . ..... ....,.. ..........................,.
Item N :;,;i:!iol,;i:~!;~;illii
Meeting Date: ~;:~~::~~>
SUBJECT:
Variance to the Sign Regulations; 2339 Gulf-to-Bay Blvd.; Trust of Earle B, Lokey
(Owner/Applicant); E.D. Armstrong (Representative).
(SV 96-10)
RECOMMEN DA TION/MOTIO N:
Deny variances of (1) 17.55 ft. to permit an auxiliary sign on a parcel with 482.45 ft. of frontage
and (2) 75 ft. to permit a separation distance of 225 ft. between the primary freestanding sign and
the auxiliary freestanding sign on property identified as Section 18-29-16, M&B 31.05 and 31.06,
for failure to meet Sec. 45.24 Standards for Approval, items (1 )-(4).
(BI and that the appropriate officials be authorized to execute same.
BACKGROUND:
· This property is located on the south side of Gulf-to-Bay Blvd. and is in the General Commercial
zoning district.
· The applicant is requesting two variances to permit the erection of an additional freestanding
sign.
· The variances are requested to permit placement of a sign identifying the new Lokey
Volkswagen dealership.
Pertinent summary information is listed in the following table.
Type of signs - Area . Primary Freestanding - 83 sf . Yes
. Auxiliary Freestanding - 32 sf . No, except through the
granting of a variance
location/orientation of signs
. Primary Freestanding . Gulf-to Bay Blvd . Yes
~ Auxiliary Freestanding . Same . Yes, if variance granted
Reviewed by: ........ .......... .........Orlglfllltifl9P.ep2lf.tfl1e"t: ..
l.ge' ~~:~::~i~:~~:~:j~:~lN1Alnt~~)1:t/tt:\E?:::~ffiijr;p'gW6i~t:mt::[::.':):}:::
Bud....t :::::::::::::::;:':::::::::::ll.i:ta}:::::{::::::::::::::: L:::" '-
._ ...................'.........n/'"........................... , /
Purchaelng }::::~:t::}!ttNtA:~tt?ttt User Depertment.
Rlek Mgmt, ::i:i~::iiiii:::~iii:i:i::~iA:ji!ii:i:!:::i:;) ::::j:j:::tf:::@:::::~6.i@!;P:;@~:::!Hft::~....:.:)W
IS :(::t{t{JJ~lAt(J:.:@fi
ACM }::r!){::::\]i./A:. :::"::. :.:.:
CRT W' ':'>i'~~~ jjjl,iilllllllliilllllllilil
Submitted b~: 0 Not Required
ilL 1.../ - J Affected Parties:
IN a Notlfiod
City nager 0 Not Required
o Printed on recycled paper
Costs:
Funding Source:
o Capltllllmprovement:
o Operating:
o
Other:
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
::::}):):f:\<.n.:;:?\NiA)
Total
. .............. .
. .. ,. . ....... .
.", .
Attachments:
}A~p.l&:~ti~H:f:::{::.::i(::?,::::?::r::/:\U}
Application Worksheet
Maps
o None
....J.\pproprlatlon Code
~. ,:,'~ ~;~ _"':'r::-:_:-~_ ~-!' ..._-:__....: .~. '," ~_ ': _. :
SV 96-10
Page 2
This application involves property that previously received freestanding sign variances. On June
16, 1994, the entire Lokey property, including the Oldsmobile, Volkswagen and Used Car sites
received the following variances to allow a total of two freestanding signs for the combined
properties subject to the condition that no additional signs would be allowed (see attached
Commission action agenda): An area variance of 19 square feet to allow an 83 square foot primary
sign and 12.7 square feet to allow a 44.7 square foot auxiliary sign. The combined Lokey sites
have approximately 750 feet of frontage on Gulf-to-Bay.
Until the early 1990's, the Lokey Oldsmobile and the Used Car sites were separated from one
another by a mobile home park and were thus eligible for and had separate freestanding signs. The
Lokey dealership acquired the intervening mobile home park entryway area along Gulf-to-Bay and
has converted it to auto sales use. This is the unimproved property where Volkswagens and used
cars are currently being displayed, (See the attached map that illustrates these three "parcels.")
Lokey is required to improve this property under the provisions of both site plan and Planning and
Zoning Board conditional use permit action; improvement includes some off-site construction to
provide safe access to and fire protection for the mobile home park. Permits to do this work must
be obtained by January, 1997, according to the certified site plan. The certified site plan also
required the recordation of a unity of title linking the three parcels together, but this document has
not yet been filed.
Technically, the sign variance application is correct, absent the required unity of title. More
practically, the application is actually to allow a primary and auxiliary sign for the "main' Oldsmobile
property, with a "primary" sign for the remaining two parcels. Carried to its logical conclusion, the
"remainder" property would be eligible for a 64 square foot sign, instead of the 44.7 square foot
sign granted by variance. If Parcel A (the Oldsmobile site) and Parcel B (the unimproved former
mobile home park site) were combined and Parcel C (the Used Car site) was viewed as a separate
parcel, three signs would be permitted totaling 160 square feet (64 sf + 64 sf + 32 sf). In this
light, the proposal can be considered as something of a "wash," with the proposed three signs
containing a total of 159.7 square feet (83 sf + 44.7 sf + 32 sf).
Surrounding auto dealerships (Carlisle and Dayton-Andrews) have the following freestanding sign
allowances. Carlisle, in addition to the recently-granted directional sign variances, received the
following freestanding sign variance in 1992: Nine square feet to allow a 73 square foot sign.
The Carlisle property has approximately 950 feet of frontage on Gulf-to-Bay. Dayton-Andrews
meets all City freestanding sign requirements without variance. The Dayton-Andrews property has
approximately 800 feet of frontage on Gulf-to-Bay. Both the Carlisle and Dayton-Andrews
properties have conforming auxiliary signs. Both involve only a single new car franchise.
Given the Commission condition of variance approval (no additional signs), staff has no choice but
to recommend denial of this request. In addition, the equity problem involving the other
surrounding dealerships gives us concern, as Lokey already has more signage and less frontage
than the other two major auto dealerships.
SV 96-10
Page 3
Should the Commission consider approving this item, we recommend the following conditions:
1. Freestanding signage shall be limited to three signs containing 83, 44.7 and 32 square feet.
2. A unity of title shall be filed for all three IIparcels" and shall include a reference to the allowable
signage.
3. The 32 square foot auxiliary sign shall be removed if the number of new car franchises on the
combined site ever falls to less than two.
4. The 32 square foot auxiliary sign shall not be erected until all site work associated with the
certified site plan and conditional use permit approvals has been completed.
Direction
Existing Land Uses
North
South
Vehicle sales and service
East
West
Mobile home park
Vehicle sales
Mobile home park
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 fails to meet all of the standards. In particular, the following standards do not
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.
..
STANDARDS FOR APPROVAL
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.
The strict application of the provisions
of the code would deprive the applicant
of the reasonable use of the land or
buildings.
The variance is not based exclusively
upon the desire for economic or other
material gain by the applicant or owner.
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.
~
SV 96-10
Page 4
STAFF ANALYSIS
There are no special circumstances related to the
property. Similarly-situated dealerships having
greater frontage have lesser signage.
The applicant has a successful auto dealership; lack
of the requested signage will not interfere with
reasonable use of the property. The existing signage
could be modified to include the VW dealership.
The"application itself contends that the retention of
the profit-making VW dealership may hinge on the
additional signage.
,
;
I
i
I
f
I
I
Similarly-situated dealerships having greater
frontage have lesser signage; there appears to be
an equity issue should the variance be granted.
.
l'f': .
: ~.
SV 96-10
Page 5
SEPARATION
.'.lillllllllilllliltlll~!lf!ill'li'lllllll.
. .
SV 93-67 26338 U.S. Criterion
19 Center
SV 93~42 25485 U.S. Dimmitt
19 Chevrolet
SV 93-65 24791 & Ken Marks
24826 U.S. Ford
19
205 ft./ Approved
2/7/94
12 ft./Approved
3/7/94
169 ft./Approved
6/1 6/94
SV 94-29 1520
McMullen
Booth
SV 95-16 18421 U.S.
19
SV 95-42 2530
McMullen
Booth
NationsBank
250 ft./Denied
140 ft./Approved
9115/94
Wendy's
90 ft./ Approved
416/95
Northwood
Plaza and
Republic Bank
195 ft. and 135 ft./
Approved
10/19/95
.'
JUt~-.22-1994 11: 47
CLEHRl.JHTER .: I T'I' CLERI,
813 462 6488 P.002,807
Pinellas Terrace, Lot 68 less S 3', 0.19
acres m.o.l. (Penhollow, A94-12, LUP94-
1 2) (CP) ~
9. Public Hearing & First Reading Ords. j9. Approved. Ords. #6623"94, #5624-94 &
#5623-94, #5624-94 & #5625.94 - #5625-94 passed 1 st reading.
~ Annexation, land Use Plan Amendment to
Residential Low and RPD-D Zoning for
property located at 2353 Dora Dr., Rolling
Heights, Lot 8, 0.28 acres m.o.1. (Moberley,
A94-' 3, LUP94~ 13)(CP)
9a (Cont. from 6/2/94) Variance(s) to Sign 9a Approved: area variance of 7 sq. ft. to
Regulations for property located at 24791 allow a freestanding sign 119 sq. ft.; a
&. 24825 US 19N, Ken Marks Ford, Blk A, variance to allow a second primary
Lot 1 together with Ken Marks Ford 1 5t freestanding sign, 112 sq. ft. In area, 20
Add. Sub., Lot 1 (Marks & Gilliss, feet in height, with a setback of 20 feet;
Inc./Marks Holding Co., Inc., SV93-65)(CP) separation variance of 169' to allow
freestanding signs 131' apart; & area
variance of 128 sq.ft. to allow the existing
248 sq. ft. of attached signs to remain for
the automotive repair business subject to
the condition the auxiliary freestanding sign
be a ground sign no more than 32 sq. ft. In
area, 8 feet in height, with a minimum
setback of 6 feet and located south of the
north curb cut.
10. (Cont. from 4/27 & 5/19) Varlance(s) to 10. Approved area variance of 19 sq. ft. and i
i
Sign Regulations for property located at area variance of 12.7 sq. ft. subject to the ~
2339 Gulf to Bay Blvd., Sec. 18-29-16, condition that no additional slgnage will be :1
~ j
M&Bs 31.05, 31.06 & 31.071, together requested. ~
5
with Lokey Sub., Lot 2 (Nell M. Lokey, $
.
Trustee/Lokey Oldsmobile, Inc., SV93- 1
35)(CP)
11. (Cont. from 4/27 & 6/2) Variance(s) to Sign 11 . Approved area variance of 73.25 sq.ft. to
Regulations for property (State Farm allow 97.26 sq.ft. of attached signs subject
Insurance) located at 1234 Court St., to: the attached signs shall conform in the
Hibiscus Gardens, Blk 0, Lots 12-19 (R & event a freestanding sign Is placed on this
W Partnership, SV 93-114)(CP) property and no additional attached signs
shall be permitted for the second business
establishment in this building.
12. (Cont. from 2/7 & 4/19) Variance(s) to Sign 12. Approved: height variance of 7' to allow a
Regulations for property located at 1450 27' high freestanding sign; setback
Gulf to Bay Blvd., Knollwood Replat, Blk 3, variance of 2.06' to allow a freestanding
Lot 13 (Davison/Bay Area Neuro Muscul8r~ sign 2.96' from Gulf to Bay Blvd. r-O-Wi
SV93-13)(CP) and an area variance of 5.45 sq.ft. to allow
a freestanding sign 69.46 sq. ft. subject to
the condition that by maintaining a sign
within the street setback pursuant to this
variance, the owner and applicant agree
6/16/94 2
III ..- ..II ..'~ . 1tQ. J. V . . ~
21~ ~ 71 1:11 hi 'l'i l'
,,~ 216 316 ~50 549 541 547 H6 545 144 54~ 54ft ~41 "-- ~, 537 53! 101 10~ I~ 99 lJ
-& 572,,, a B .. ij a H 6
113 21J 314 ij ,,. .
111 ~ 211 312 ~73,." j CHAUcrn STREET g -
..;
109 ~ 209 310 574'00 ~ B ij B ! 6 n 1= JI) ,~!~ ij a 8~J'lel, i .J
::!
~ 1.34 :
107 207 308 F~304 ~~I ~~2 3~J 554 5~5 55~ 58 \1 - 0 56 ~J ~4 :>6~ C J2 JJ -"'"
I-
105 206 20~ 306 ~ bUL~77; 0 ~Ai ;ES' tt ~ Sl1 IlJ.L1 SH r:u.tT SJmJ.J:Y <
610.", 5i 582 58J 584 GARDtH3 __ CARD I:NS .. CARD ENS B lJ5
10J 204 20J JO.4 w 576 ft 3 5 ft a p,tmO WIT 4 ~ CO~D~ 3 ~ C?~ I-
~" ~ e; ~44 JIO
101 202 201 ')()2 609 LA.. "'-l I. ~IoT 5 ~
~\.. ...s ~ -....;;::
~f ~ ~I ~7ft 23/20 f4 OARDtNS~ f-
~ N 59~ b96 ~9~ 59<4
0 0 606 605 604 603 602
- - J' ~ COHO? J!.r"' 2 10- G5
~ IN I .. -
4 ,- ~
C G y' 24/02 CG ~-I
,... 01 24/01 ~
/2 '- '- ~ ,., . "' "" , ""' L ,'CC!s C. ;
2J/14 23/15 ", 2.3/18 ", ~
N N of' 24/04
~ 1 N
\ ~(. ,;t.
-~~i5 .. .. ~ ! ! .. ~ ft ! cP ft . 'J', '
~.. VI 5 = ij ':> / Cd
::~ :: lO to _
(S,R. 60) /' / ,
cuu: '0 BAY Bl'r1>
- - - - - - - 'V - -
-- - - - - - _n -, L--. ..-. --=
8 a arw- nllmnmr a~\~ .. J02 'll"J,.
i. f-- a , ~ . ~
201 '0
\, \ \, 2
32/03 CG r-rn J >~ 31/06 ( ~ GJI/05 \C~ ~.~c. ~ \Oll
lOt 202 AI'" ~ 307 \08
A ~I/071 ~ -- ,,^
IOJ ~ 32/02 ~ ~
[; f'\e (fi- A .' , '. ~i. 311 1\7
~ \01 lOtS - \\P rt~~/Ar " Ij .
20. [l2j' 1109 Lo ~e. ~ ,
OL-~~ ' \ M
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. -
If(. 1\2 'MIl III,
20t ~ ~ ~ ~ 1"1" ~ ~ '"' ~ r:; ~ 3\1 .
>>iI 110 09 210 ~ :; ; :; . F< ..
oJ .. . .. .. .. ..
tll "4 ~ ~ ~ 13\3
31\ 112 1\ 212 ~ ~ ~ ... .. .. .. ~ ~ ~
,\, \It ;; .n n ;; on
%13
313 1\4 1\4 ~ IT. I~
06' 21' \18 ~ ~ ~ ~ , ... on ~ . ~ ~ N I:
,- ;; ~ ;; Wi ;; N ~17
31' 1\, N J .. n .
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II' 0 ~ 310
;,; -.. .. - 0
il' \0 , , 122 .~ ST. 31/07
~ S i ... ~ - '"' ~~:
..
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- ~ 122 a IN ~ ~E
~ ~ ~ ~ 0 of' m
::l .. 21J ,; r: Itee.
313 124 - ~ 121 1
- !l m 71 n7
~ I~ -~ ~ R ~ ~ ~ 9 9 ~ ..
227 \-'0 J; 12~
" ... I ... .
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134 u IT.
329 IX ~ a ~ j 21~ w~ ~ ., ~ .
I" Ci Ci ;; 2JS ~
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, "'" IT. ;
a: ~ I~ ~ U7 \40 ~ ~ ~ ~ ~ ; i . ~ 239
:i1 - -
3 ~ 137 234 23t , \42 ~ ~ ~ ~ ~ ~ ~ ~ ~ 241
24.1 )ILl '. . '
---- . ,... -
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l.)g 240 241 ~, IT. -' . .
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'I _ "
NAME:
SV # 96-10
ATLAS PAGE: 299A
<SIGN .VARIANCE.. REQUEst.>.
LOKEY OLDSMOBILE / ARMSTRONG
PUBLIC HEARING DATE: JUNE 20, 1996
SEC: 18 TWP: 29 S RGE: .lQ E
CLEARWATER CITY COMMISSION
.
I sv# ~b-IO I
J..5D.~
t:,JLI[ liG1
CENTRAL PERMITTING DEPARTMENT
10 S. MISSOURI AVENUE
CLEARVVATER, FL 34616
SIGN VARIANCE APPLICATION
PROPERTY OWNER(S) NAME & AODRESS:
REPRESENTATIVE(S) (if any) NAME & ADDRESS:
Trust of Earle B. Lokey
c/o Mr. Donald McFarland, Co-Trustee
P.O. Box 5187
Clearwater, Florida
Johnson, B1akelv. Pope, Bokor. Ruppel & Burns, P.
911 Chestnut Street
Clearwater, FL 34616
C/o F..D. Arm~tr()ne TTT, F.~r}11irp
TELEPHONE: ( 813 ) 461-1111
TELEPHONE: ( 813) 461-1818
ADDRESS OF SUBJECT PROPERTY:
NAME OF BUSINESS (IF APPLICABLE):
2339 Gulf to Bay Boulevard
Lokey Oldsmobile (new car sales parcel)
ZONING DISTRICT:
CG
LAND USE CLASSIFICATION: Commercial .
General
LAND AREA: 3.085 acres
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
made a part hereof by reference,
18 29 16 00000 310 0500
PARCEL NUMBER: 18 I 29 I 16 I 00000 I 310 I 0600
available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464~3207.
number, attach 8 Xz x 11 inch sheet)
See Legal Description, Exhibit "A" attached hereto and
(This information is
If more than one parcel
OESCRIBE SURROUNDING USES OF PROPERTY:
North: Vehicle sales/services
South: Mobile home park
East:
West:
Vehicle sales
Vechile sales/service
VARIANCE(S) REQUEST:
See attached variance request Exhibit "B", attached hereto and made a part hereof by reference.
..
CONTINUED ON REVERSE SIDE
, . , . ~ . '" . . . . .. .. -. -- ~
STANDARDS FOR APPROVAL: A vallanco sholl not be grentod by the City Commission unlou tho application end evidence
presented clearly aupport the following conclusion.:
1) There are Ip&clel circumstances related to the particul81 phyalca surroundings, shape or topographical conditione
appncable to the rand Of' buildings. end euch clrcumatancM <<e p6cuRar to such land or bulldlngs and do not apply
generally to the land or buildings In the appnceble zoning district because
See Exhibit "B"
\,
2) The strict appncetion of the provisions of the code would deprive the eppl1cant of the reasonable use of the land or
buitdlngs b8C8u.e See Exhibi t "B"
3) The variance is not based exclusivoly upon 8 desire for economic or other material gain by the applicant or owner
because See Exh:ibit "B"
4) Tho 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 pubnc
welfare because See Exhibit liB"
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE
CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON~REFUNDASLE REGARDLESS OF BOARD ACTION. BY
SIGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID 00 NOT GUARANTEE APPROVAL OF THIS
APPLICATION,
SIGNATURE OF PROPfRTY~ REPRESENTAT1VE):
~~
Swam to and subscribed before me this I s i-
by ;E. Q). ~~
~ ~ ~ ~s-idanlitioatio'"
Notary Public ~
1,/ f\~ If Cl. n n I f'-5 ,!t.a..~
(Name of Notory typed, print&d or tompod)
day of ~ A.D.. 19 9h
. who Is personally known to m-r h_~
STATE OF FLORIDA. COUNTY OF ~
Commission No, ~o5 5.:3 0
\
l~~~"fi;;}.. Unda R. CunnIngham
; : ':Y! MY COMMISSION' CC505536 EXPIRES
\";;" ?o''@f December 30. 1999
"'.,,~:;,'i;:.'r:f;." 8OHOO) TIfllJ TROY fAIN INS~, 11.e.
NOTE: PROPERTY OWNER OR REPRESENTATIVE M.!lSI ATTEND HEARING.
06/05/96 ~ED 1~:2~ FAI 18134418617
J01L\'SO:\ BL-\KELY
~002
EXHIBIT "B"
VAR~ RI;QUEST
The Subiect PropertY
The Applicant is the owner of approximately 3,09 acres of property (the "Subject
Property") located on Gulf..to.Bay Boulevard. in the City of CleaNtlater on which there
exists a new car vehicle sales and service operation. The Subject Property is zoned
General Commercial (CG). and is designated Commercial General on the City of
Clearwater Comprehensive Plan Future Land Use Map. The existing ~ses were
approved as a special exception. The Subject Property has 482 feet of street frontage
on Gulf-to-Bay Boulevard with one (1) existing free-standing sign located approximately
200 feet from the eastern property line,
AdioininQ Property
While it is not included in the Subject Property, or this application, it is noted that
that Lokey OldGmobile. Inc., a different entity from the Applicant, owns approximately
1.67 acres (the "Adjoining Property") located just east of the Subject Property. Lokey
Oldsmobile, Inc. operates a used car vehicle sales business on the Adjoining Property,
The used car vehicle sales operation was recently expanded and approved under a
separate conditional use application. The operations, while related, are located on two
separate parcels, owned by two different entities, The Adjoining Property has one (1)
existing free-standing sign,
Previou~ Sian Variance~
In 1994, the City Commission approved two sign variances: (i) a sign area
variance to reduce the sign area of the free standing sign, on the property referred
herein as the Subject Property, from 225 square feet to 83 square feet, and (ii) a sign
area variance to reduce the sign area on the free standing sign. on the property
referred herein as the Adjoining Property. from 69 square feet to 44.7 square feet. (For
reasons unknown to the current Applicant's representative. the City treated the two
referenced properties as one.) The Commission's action, at that time. suggested that
the variances were being granted subject to a condition that there would be no further
requests for additional signage, It was further suggested that the Commission was
going to impose similar conditions prohibiting other sign variance applicants from
returning to the City and requesting another sign variances. The Commission
approved the condition over the objections of the owner(s).
+'" ~ -- '-----.'-- .-._-- .....
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06:05:96 ~EU 1~:25 ~A~ 1~1~~~lSti17
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Since that time the City has received, reviewed and approved numerous
requests for sign variances without imposing similar restrictions that would prohibit an
owner from applying for other sign variances. In addition, since that time, a
Volkswagen dealership has relocated from an unincorporated property to the Subject
Property. A condition of approval of the relocation of the Volkswagen dealership was
that a free standing sign would be added to Subject Property. These circumstances
and changes have caused the Applicant to reconsider its business operation and to
submit the requested variances, as described below.
Current Free StandlnQ Sian Provisions
The City's Land Development Code permits one (1) free-standing sign per lot.
For parcels with over 500 feet of street frontage, the Code allows one (1) auxiliary free-
sta"ding sign, The maximum area for a free standing sign is 32 square feet and the
maximum height is 1 0 feet.
The City's Code also establishes a process by which owners may request
variances to certain adopted standards. It is an highly inequitable and an unfair
practice to prohibit certain property owners from making application and receiving the
S8me Udue process" that other owners are enjoy.
.B.!guested V~ri8nces
The Applicant is asking the City to allow the addition of one free-standing,
auxiliary sign on the Subject Property to identify the location of the new Volkswagen
dealership. A drawing of the sign has not been completed, pending approval of the
application. If approved, though, the auxiliary sign would not exceed thirty..two (32)
square feet in area and ten (10) feet in height.
Assuming the auxiliary sign is authorized, the City would technically be
approving the following two variances:
1. a variance to allow ane auxiliary sign on a parcel that has 482 feet of
street frontage, where 500 of street frontage typically required;
2. a separation variance to allow the location of the auxiliary sign to be
located approximately 225 feet east of the existing free-standing sign on
the Subject Property,
There are special circumst~nces related to the property and the existing
operations that are peculiar and that do not apply generally to other land or buildings in
the CG zoning district. The customer base for new car vehicle sales is multi-county,
and as such. signage is critical to the industry. The property location on Gulf-to-Bay
2
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Boulevard is a high-speed, arterial road, six lanes wide, plus turn lanes, which makes
accessing the Subject Property difficult. Since the Subject Property is not located at an
intersection with a traffic signal or traffic control device. signage is critical to help
drivers identify and access the property safely.
The physical surroundings and existing operations are such that there are
practical difficulties for the Volkswagen dealership if the requested variances are not
approved and strict application of the Code is applied to the Subject Property. If an
auxiliary sign is not approved, it is likely that the Volkswagen dealership will relocate to
another site that offers signage. The requested variances are the minimum required to
allow the Volkswagen dealership to operate.
The variances are not based exclusively upon a desire for economic gain, but
also to provide drivers sufficient advance notice of the Volkswagen dealership's
location so that drivers may safely access the property from Gulf-ta-Say Boulevard, a
high speed arterial road,
Granting the variances is In the general spirit and intent of the Code and
Comprehensive Plan. Approval of the variances will not be materially injurious to the
surrolJndlng properties or otherwise detrimental to the public welfare. Rather, approval
of the variance should provide for a safer traffic flow into the Subject Property,
06/05196 1 :43 PM d-2
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SIGN VARIANCE REQUEST
NAME: tQ!SfY O,=QS,MQf1ILU ABM1:J.IRONG
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CLEARWATER CITY COMMISSION
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Interoffice Correspondence Sheet
To:
Mayor and City Commissioners
From:
Scott Shuford, Director of Central Permitting 7 )
'1 W~ ("e
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Downtown Plan Rezonings , ~ '-, ~
\(--;~_ \ ) IS e d IU tJ de\. '-k J I~
Betty Deptula, City Manager ~ '-.. . V Y l I
Pam Akin, City Attorney ~ -e '7. I C? . '1 {p p"" C
Cyndie Goudeau, City Clerk S c: I ('
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June 10, 1996 V\. d
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'7'I~-I)C'
We have had an opportunity to evaluate two options discussed at Thursday's City Commission
meeting with regard to the Downtown Plan, These options were: Creating a UC(C-2) district
along the Cleveland Street Corridor; and Creating a similar corridor along the Court/Chestnut
one-way pairs.
Subject:
CC:
Date:
In evaluating these options, we have the following comments:
· Although both options provide some "relief' for individualized developments (the 1100
Building and Prospect Towers, in particular), the predominant character of these areas is
substantially lower in height and intensity than in the maximum allowable height and intensity
in the UC(C-2) district,
· The Downtown Plan is an attempt to "shrink" the Downtown so as to create a pedestrian
scale commercial "strip" while promoting residential development that would support
Downtown activities, The tendency for high rise construction to dominate such a setting is
problematic, as well as the likelihood that individual high rise developments would not provide
the pedestrian continuity called for in the plan.
· Individual projects having great public benefit which do not meet the dimensional
requirements of our Downtown zoning districts can be considered as planned developments or
through variances, These approaches would provide for development control that would
resolve some of the scale and continuity issues discussed above.
· A comprehensive evaluation of the proposed "corridor" zoning concept cannot be made at the
current time due to the uncertainty surrounding various Downtown projects. Scale issues
along the Court/Chestnut pairs becomes less of an issue should this area serve as the "only"
route to the beach (Le., ifno ready interconnection of the bridge/beach route to Cleveland
Street occurs) and the Downtown lake is not constructed,
. Likewise, the effect on Cleveland Street of the "corridor" zoning concept cannot evaluated
without knowing whether or not the Downtown lake and Winn Dixie projects will occur.
Both of these projects are supportive of the residential components of the plan. A different
approach might be appropriate should they not materialize. It is also crucial to determine
what will occur at the former Annex property before proceeding with establishing a "high
rise" corridor that is somewhat inconsistent with the stated goals of the plan.
...~ -, -- .~... ~. -'~ ~ ". '
Downtown Plan Rezonings memo
Page 2
15
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As a consequence, staff recommends adoption of the ordinances as proposed, with one exception,
Calvary Baptist Church has requested a modification to the list of permitted uses in the UC(B)
district to include child day care in order to accommodate a proposed day care facility (see
attached letter). This request seems reasonable and we will incorporate it in the ordinance coming
before you on June 20, 1996.
In addition, we will review the Downtown Redevelopment Plan in the next several months to
make sure the Commission accepts the rationale behind and need for the proposed Downtown
projects, particularly the Annex property, the bridge, and the Downtown lake. Where changes
need to be made, we will re-adjust the Plan and Downtown zoning, as necessary,
Please contact me if you have questions or comments.
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Item # 16
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RECEIVED
JUN 0 5 1996
CITY CLERK DEPT.
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Interoffice Correspondence Sheet
From:
Betty Deptula, City Manager
Kathy Rice, Deputy City Manager
Bill Baker, Assistant City Manager
Pam Akin, City Attorney
:::;1 Cyndie Goudeau, City Clerk
Leslie Dougall-Sides, Assistant City Attorney
Scott Shuford, Director of Central Permitting S ::;
To:
Subject:
High Tech Manufacturing Code Amendment
cc:
David Healey, PPC Executive Director
Date:
June 4, 1996
I am pleased to report that the Pinellas County Commission, acting as the Countywide
Planning Authority, has approved (5-0) a Rules change that will allow us to adopt our
proposed High Tech Manufacturing code amendment, with some relatively minor
adjustments on second reading on June 20, 1996.
I have attached a motion to amend our high tech manufacturing ordinance that was
prepared by Leslie Dougall-Sides, Assistant City Attorney, The changes to the ordinance
reflected in this motion result from the Rules requirements.
I am forwarding a copy of this memorandum and attachments to PPC Executive Director
Dave Healey for him to examine with regard to Rules compliance.
Please advise if you have questions or comments.
MOTION TO AMEND ORDINANCE 5972-96
lG
Move to make the following language changes in Sec. 41.523. Permitted uses:
1. Insert Mand type" after "volwne" in subsection (1S)(b).
2. Insert "and this use is only allowed within the infill conunercial districts classified as
Commercial General in the City's Comprehensive Plan" before the semi-colon in
subsection (15)(d).
3. Insert "and type" after "volwne" in subsection (29.1)(b).
4. Delete "and" at the end of subsection (29.1)(c).
S. Add new subsection (29.1)(d) as follows:
"In all applicable commercial zoning districts, thise use is only allowed if located within
the Commercial General category as designated in the City's Comprehensive Plan; and"
6. Renwnber subsection (29.1)(d) to (29.1 (e).
The text of Section 41,053 in Ordinance 5972-96 as amended will read as follows:
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
determined to meet aU of the ~ndards applicable thereto.
.
.
.
.
.
(15) Manufacturing uses may be allowed in the infill commercial, downtown/mixed use, research,
development and office park, urban center (core) and urban center (eastern corridor) districts
subject to all of the following:
(a) The hours of operation are compatible with surrounding uses;
(b) The volume and type of traffic generated by the use is compatible with surrounding uses;
(c) Any noise. wastes, or emissions generated by the use am is compatible with surrounding
uses;
(d) In infill commercial districts, a minimum lot size of 10,000 square feet'shall be provided
for this use and this use is only allowed within the infill commercial districts classified 88
Commercial General in the City's Comprehensive Plan;
(cl There shall be no exterior storaae associated with the use.
(j) The use complies with aU of the general standards contained in section 41.052.
S :\ord\motion.ord
':~~..... _...~:.:,.....'" '..1'_ ~J".
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.
.
.
.
.
(29.1) Research and technoloi)' production uses ~ be allowed in the eeneral commercial, infill
commercial, hiihway commercial, commercial center, downtown/mixed use distri~fs subject to all
of the followini:
(a) The hours of operation are compatIble with surroundil\i uses;
au The volume and (ype of traffic eenerated by the use is compatible with surroundini uses;
W Any noise. wastes, or emissions ienerate<! by the use are compatible with surroundina
~
(d) In all applicable commercial zonin2 districts. this use is only allowed if located within the
Commercial General cateeory as d~si~ted in the Ci~'s Comprehensive Plan;
ro 1)Iere shall be no exterior storaie associated with the use.
ro The use complies with all of the eeneraI standards contained in section 41.052.
.,
.
S: \ord\motion.ord
, . .
.~ , . . . . . , .
ORDINANCE NO. 5972-96
(~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING
SECTIONS 35.11, 40.424, 40.434, 40.444, 40.464, 40.474, 40.503,
40.523, AND 41.053, CODE OF ORDINANCES, TO REVISE THE
DEFINITION OF MANUFACTURING," TO PROVIDE A
DEFINITION FOR "RESEARCH AND TECHNOLOGY
PRODUCTION USES," AND TO ALLOW RESEARCH AND
TECHNOLOGY PRODUCTION USES AS PERMITTED OR
CONDITIONAL USES IN VARIOUS ZONING DISTRICTS;
ESTABLISHING SUPPLEMENTARY CONDmONAL USE
PERMITS STANDARDS; PROVIDING AN EFFECTNE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 35.11, Code of Ordinances, is amended to read:
Sec. 35.11. Definitions.
*
*
*
*
*
Manufacturing means the mechanical or chemical transfonnation of materials or substances into new
products, includin~ the assembly of component parts, and the production or refinini of prOd11GiRg,
processing, packing, assembling, cleaning, dyeing and refi..,mg of goods, materials, Q[ foodstuffs ef
products., except those uses covered below under the definition of "research and technolQgy' production
uses. "
*
*
*
*
*
Research and technology production uses means such uses as medical. optical and scientific research
facilities, clinics and laboratories. phannaceutical compoundin~ and photoiraphic processing facilities,
and facilities for the assembly of electronic components. optical equipment, and precision instruments.
*
*
*
*
*
Section 2. Sections 40.424, 40.434, 40.444, 40.464, 40.472, 40.503, and 40.523, Code of
Ordinances, are amended to read:
Sec. 40.424. Conditional uses.
Within general commercial districts, the following uses may be allowed as conditional uses:
*
*
*
*
*
L1.8) Research and technology production uses.
*
*
*
*
*
Sec. 40.434. Conditional uses
Ordinance No. 5972-96
Within infill commercial districts, the following uses may be allowed as conditional uses:
>Ie
>Ie
.
>Ie
lit
!22.l Research and technolQi)' production uses.
>Ie
lit
.
.
.
Sec. 40.444. Conditional uses.
Within highway commercial districts, the following uses may be allowed as conditional uses:
.
.
.
.
lit
(J1) Research and technolo~ production uses.
>Ie
.
.
.
.
Sec. 40.464. Conditional uses.
Within commercial center districts, the following uses may be allowed as conditional uses:
.
.
.
.
.
(l3J Research and technoloi)' prQduction uses.
.
.
.
.
.
Sec. 40.474. Conditional uses.
Within downtown/mixed use districts, the following uses may be allowed as conditional uses:
.
.
.
.
*
(9) Manufacturing uses (including research faoilities and laboratories, photographio
processing facilities, printing and publishing facilities, produotion of confectionery or
baked goods, and assembly of electronic oomponents and precision instruments).
(10) Outdoor retail sales, displays and/or storage.
(11) Child day care.
(12) Gasoline stations.
(13) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or
with outdoor seating where the service area is located within 200 feet of a residential
zone.
(H) Research and technoloiY production uses.
.
.
.
.
*
Sec. 40.503. Permitted uses.
Within limited industrial districts, only the following uses and structures designed for such uses
shall be pennitted:
Ordinance No. 5972-96
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(ill Research and technoloay production uses.
...
...
...
...
...
Sec. 40.523. Pennitted uses.
Within research, development and office park districts, only the following uses and structures
designed for such uses shall be permitted:
...
...
...
...
...
(5) Research and technoloi)' production uses; Processing, manufaoturing, or compounding
of drugs and other medical and phannacootical, including but not limited to optical
produots;
(6) Assembly of electronio components and precision imtnlment&;
(7) ..\ssembly and produGtion of jewelry, silver and plated ware, and art goods;
(8) ~oduotioR of confectionery or baked goods;
(9) Medical cli:Bics and laboratories not principally dealing with the general public;
(2W) Accessory dwellings for security purposes;
aU) Accessory uses, including certain alcoholic beverage sales uses as specified in sections
41.071 and 41.072.
...
...
...
...
...
Section 3. Section 41.053, Code of Ordinances, is amended to read:
Sec. 41.053. 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.
...
...
...
...
...
(15) Manufacturing uses may be allowed in the infill commercial, downtown/mixed use, research,
development and office park, urban center (core) and urban center (eastern corridor) districts
subject to all of the following:
(a) The hours of operation are compatible with surrounding uses;
(b) The volume of traffic generated by the use is compatible with surrounding uses;
(c) Any noise, wastes. or emissions generated by the use are is compatible with surrounding
uses;
(d) In infill commercial districts, a minimum lot size of 10,000 square feet shall be provided
for this use; and
(e) The use complies with all of the general standards contained in section 41.052.
...
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...
...
...
Ordinance No. 5972-96
(29. I} Research anP technoloKY productioQ uses ~ be allowed in the ieneral commercial, infill
commercial, hiihw~ commercial. commercial center. downtown/mixed use districts subject to all
of the foUowin&~
00 The hours of operation are coPlpauQle with surmundina uses;
!.bl lbe volume of traffic ienerated ny the use is compatible with surroundini uses;
(c.) Any noise. wastest or emissions eenerated by the use are compatible with surroundini
uses; and
un The use complies with all of the 2eneral standards contained in section 41.052.
*
.
*
*
.
Section 4. The provisions of this ordinance are found and detennined to be consistent with the
City of Clearwater Comprehensive Plan.
Section ~. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 7, 1996
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
Leslie Dougall-S
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 5972-96
('I
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING FINDINGS; AMENDING THE FUTURE LAND USE PLAN
ELEMENT OF THE COMPREHENSIVE PLAN OF THE CllY, 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 detennination 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
Pine lias 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
June 6, 1996
Ordinance No. 5990.96
Approved as to form and
Ieg.al sufficiency:
Rita Garvey, Mayor-Commlssloner
Attest:
Cynthia E. Goudeau, City Clerk
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Ordlnance No. 6990...
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LEGAL DESCRIPTION
That parcel of land lying and being In the County of Pinellas. In the State of Florida, more
particular1y 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 10 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. 5990-ge
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: Gerry Staring, Tr
ADDRESS: 401 5 Belcher Ad
LAND USE PlAN
FROM: Residential Medium
TO: Commercial General
ZONIN~
RMH
CG
A nAS PAGE: 290A
PLANNING AND ZONING BOARD
t
z: ~6-o2 and LUP: 96-01
PROPERTY DESCBIPT10~:
M&B 23-11 i
RIGHT -of-WA V:
ACRES: 2.04
ACRES:
SEe: 18 TWP: 29 S RGE: 1 6 E
: CITY COMMISSION
QBDIMANCE t31Q. 5989-96 '
AN ORDINANCE OF THE crN OF CLEARWATER, FLORID~
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.
I~
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 forrowing described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoning Qi~triGl
See Exhibit A attached. (Z96-02)
From: Residential-Mobile Home Park
To: General Commercial
Secjion 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 Ad., pursuant to ~
163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an appncation 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
.. ,~'~'l :'" . ., .."'f ~...~ '
PASSED ON FIRST READING
. June 6, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to fonn and legal
sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
1,'
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2
OrdInance No. 6989."
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 ofthe 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'I along the center line of Belcher Road, 50 feet; thence S 89040'5511 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 89040'5511 E, 150 feet; thence S 00000'2411 E., 150
feet; thence N 8904015511 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.
1
OrdInance No. 5989-98
A I
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ACRES: 2.04
RIGHT-of-WAY: ACRES:
SEe: 18 TWP: 29 S RGE: 16 E
CITY COMMISSION.
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: Gerry Staring, Tr
ADDRESS: 401 S Belcher Rd
z: 96-02 and LUP: 96-01
PROPERTY DESCRIPTION:
M&B 23-11\
LAND USE PLAN
FROM: Residential Medium
TO: Commercial General
ZONING
RMH
CG
ATLAS PAGE: 290A
PLANNING AND ZONING BOARD
(1 i Ii 2r. ;
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o.BDltiANCE ~O. 6032-9&
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CllY, 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, TO\NNSHIP 29S, RANGE 15E FROM
RESIDENTIAL MEDIUM TO INSTITUTIONAL; PROVIDING AN
EFFECTIVE DATE.
Iq
WHEREAS, the amendment to the Mure 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:
f!roperty
See Exhibit A attached. (LUP 96-03)
J.arn1 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 detennination by the state land planning agency or the Administrative Commission of
the State of Ronda. as appropriate. of compliance with the applicable requirements of the local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~
163.3189. Ronda 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
June 6, 1996
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficierlCf:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinanc. .0.6032.96
\q
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 298, 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 298, 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.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' 4e-' E, a distance of 322.50 feet;
thence run S 000 07' 3S-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 8 000 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 TI-IA T LAND DESCRIBED AS:
Commence at the Southwest comer of the Northeast 112 of the
Northwest 1/2 of Section 22, Township 298, Range 15E, and run N
000 01' 41- E, a distance of 225.64 feet; thence run S 890 07' 35- E, a
distance of 30.00 feet to the P.O.S.; run thence N 000 01' 41- E, a
distance of 191.35 feet; thence run 8 890 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' 4g- 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.O.B.
Exhibit A
Ord!n&DC. No.6032~9'
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
z: S6-05 and LU.P.: ~
PROPERTY PE$CBIPTlQ1i: Georgas Sub.. Lots 5. 8, 7,
8, 9, and 10; together with
M&B 21.05
OWNER: School Board of Pinenas County
ADDRESS: 304 Fourth St. S. W.
Largo FL 34640
l..A~p USE PlAN
FROM: Reskfential Medium
TO: Institutional
ZONING
RM 12
P/SP
ACRES: 2.72
RIGHT .of.WAY: ACRES:
SEe: 22 TWP: 29 S RGE: 15 E
CITY COM'MI~isIO'N ,,-::'..,...::,):;::f~~:\:~,,:/...
Ordinance 6032-96
ATlAS PAGE: 306 A
PLANNING AND ZONING BOARD: MAY 21, 1996
ORDINANCE NO. 6033..QI
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERlY 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, TO'NNSHIP 29S, RANGE 15E,
FROM MULTIPLE-FAMILY RESIDENTIAL "lWELVE- TO
PUBLIC/SEMI-PUBLIC; PROVIDING AN EFFECTIVE DATE.
~o
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 DistdQt
From: Multiple-Famify 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 Pine lias 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 Ad, 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
June 6, 1996
Approved as to form and regal
suffici ncy:
Rita Garvey, Mayor-Commissioner
Attest:
Leslie K Dougall-Si e ,Asst. City Atty.
Cynthia E. Goudeau, City Clerk
Ordinance No, 6033-96
6<0
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 298, Range 15E, PineJlas 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
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.B.; thence run N 000 01' 41- E. a
distance of 191.36 feet; thence run S 890 03' 4g- 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 8go 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' 3511 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 298, Range 15E, and run N
000 01' 41- E, a distance of 225.64 feet; thence run S 890 07' 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' 4g- 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.O.S.
Exhibit A
Ordinance 6033-96
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PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
Z: P6-05 and LU.P.: ~
PROPE8lY DESCBlmOrt: Georgas Sub., Lou 5, 6, 7,
8, 9, and 10; together with
M&.B 21.05
OWNER: School Board of Pineltas County
ADDRESS: 304 Fourth St. S. W.
Largo R. 34640
jJ\ND USE PlAN
FROM: Residential Medium
TO: Institutional
~QNINQ
RM 12
P/SP
ACRES: 2.72
RIGHT -of.WA Y: ACRES:
SEe: 22 lWP: 29 S RGE: 15 E
.. "':? ciTY COMMls:sioN'{':i;~::Y:/:':Y:::;:::\::~ ..
ATlAS PAGE: 306 A
pLANNING AND ZONING BOARD: MAY 21. 1996
Ordinance No. 6033-96
OROl&NCE ~O. 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 Mure 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:
Prope~
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 detennination 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
Pine lias 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
June 6, 1996
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
~\
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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Exhibn A
OrdInance No. 6034-98
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~48-521
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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: 96'()2
pjlOPEATY DESCRIPTtON: Section 22-29.15,
M&B 21.10
LAND USE PLAN
FROM: Residential Medium
TO: Institutional
Z.ONING
RM 12
PISP
ACRES:
2.04
0.33
ATlAS PAGE: 306 A
PlANNING AND ZONING BOARD MAY 21, '1996
RIGHT .of-WAY: ACRES:
SEe: 22 TWP: 29 S RGE: 15 E
.' ,
:"'CrrY'COMMISSION': "
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....
Ordinance 6034-96
OROINA~CE NO. 6.035-96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATlAS OF THE CllY BY REZONING
CERTAIN PROPERTY LOCATED EAST OF GREENWOOD
AVENUE, CONSISTING OF M&B 21-10 IN SECTION 22,
TOWNSHIP 298, RANGE 15E, WHOSE POST OFFICE
ADDRESS IS 1142 LAKEVlEW DRIVE FROM MULTIPLE.
RESIDENTIAL FAMilY -lWELVE- TO PUBLIC/SEMI-PUBLIC;
PROVIDING AN EFFECTIVE DATE.
1~
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: Pub/icJSemi-Public - (P/SP)
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
approval of the land use designation by the Pine lias County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of AOrida, as appropriate. of compliance with the appracable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to
~163.3189, Aorida 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
June 6. 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and legal
sufficiency:
Rita Garvey, Mayor-Commissioner
Attest:
i,
r
Cynthia E. Goudeau. City Clerk
Ordinance No. 6035-96
,', " / ' ' .
;;{~
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-8even (771 feet; thence North Two
Hundred Ten (210') feet; thence West Seventy-Seven [17') feet;
thence South Two Hundred Ten (210') feet to the Point of Beginning.
(LUP 96-02)
EXHIBIT A
Ordinance No. 6035-96
21/04
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$48-521
" 23/01
PROPOSED REZONING
AND LAND USE PLAN AMENDMENT
OWNER: School Board of Pinellas County
ADDRESS: 304 Fourth St. S.W.
Largo, Fl 34640
z: ~6-()4 and LUP: Se-02
PROPERTY DESCRlf'llOfj: Section 22-29-15,
M&B 21.10
LAND USE PlAN
FROM: Residential Medium
TO: InstiMlonal
ZONING
RM 12
PISP
ACRES: 2.04
A TtAS PAGE: 306 A
PLANNING AND ZONING SOARD MAY 21, '1996
RIGHT-of-WAY: ACRES:
SEe: 22 lWP: 29 S RGE: 15 E
. "crrvt~opiMissloP{ .., ,..
0.33
Ordinance No. 6035-96
. .. ~ I -., . I ..' .' . . '.. . ..
ORDINANCE ~O. 6Q36-96
~3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED NORll-i 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.
\
,
I'
WHEREAS, th~ 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-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 Cieri< 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 Cieri< 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 Rorida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
June 6, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commlssloner
Approved as to form and
legal sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Side
Assistant City Attorney
OrdInance No. 6036.98
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PROPOSED ANNEXATION
AND ZONING
OWNER:
Christopher M. McClure
A: ~6.:lQ
ADDRESS:
2275 Manor Boulevard North
PRQPERlY DESCRIPI!Q.N:
Lot 85, Clearwater Manor
COUNTY:
CITY:
LAND USE PLAN
RESIDENTIAL URBAN
RESIDENTIAL URBAN
ZONING
R-3
RS-8
RIGHT -of.WAY:
~RES\ 0.16
ACRES:
ATLAS PAGE:
PLANNING AND ZONING BOARD: Mav 21, 1996
SEe: 06 TWP: 29 S RGE: 16 E
e~t~~'~...l~~~:':V;::-a'i.r.1~~~ #.-;, \.\'l..fo;'~<"'~
CITY COMMISSION:
!'!'~'~~ll'~rfll"W-~_.M\~~_..{" ~__
Oro i n;lIH'C No. 6036-96
QRDINA~CE NO. 6037..96
~~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATlAS OF THE CllY BY ZONING
CERTAIN REAL PROPERTY LOCATED NORTH OF LAGOON
CIRCLE. CONSISTING OF LOT 85, CLEARWATER MANOR,
VVHOSE POST OFFICE ADDRESS IS 2275 MANOR
BOULEVARD NORTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS SfNGLE-FAMIL Y RESIDENTIAL aEIGHr
(RS-8) PROVIDING AN EFFECTIVE DATE.
OrdInance No.6037.98
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 CllY 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 Qistrict
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 "Eighr - (RS-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. subject to the
adoption of Ordinance No. 6036-96.
PASSED ON FIRST READING
June 6>> 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
leslie Douga
City Attomey
Cynthia E. Goudeau
City Clerk
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247
PROPOSED ANNEXATION
AND ZONING
-.---
--------
OV-.JNER:
Christopher M, McCfure
A: $6-2Q
ADDRESS: 2275 Manor Boulevard Nonh
PROPERTY DESCRIPTJO]i:
Lot 85, Clearwater MaliOf
lAND USE PlAN
l-ONING
COUNTY: RESIDENTIAL URBAN R-3--- ACRESi 0.16
CITY: RESIDENTIAL URBAN RS-8 RIGHT -{)f,WAY: ACRES:
-----.---- -
ATlAS PAGE: SEe: 06 TWP: 29 S RGE: 16 E
PLANNING AND ZONING BOAHO: May 21, 1996
CITY COMMISSION:
ltia;::';ll::a..::G:_~~_11'~,~.J!l'" ~~'AIllll1tilllll:rS'lJ=ifoi..>:!.~,l.~ ::>;~~'i::!r ~~l~";;:,,,,'\':('~'~~!'-=.."V.:e~,;r.;"JJIif.~~
O,'<1in,ll1(,(> No. 6037-9A
?5
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 'NEST 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 CI1Y, 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 CllY 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 Pine lias County, Florida.
(A96-18)
Section 2. The provisions of this ordinance are found and detennined 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
June 6t 1996
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 Attome
Cynthia E. Goudeau
City Clerk
Ord/nan~ No. 6040..96
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PROPOSED ANNEXATION
AND ZONING
OWNER:
Jorge F. Cruz
A: 96.18
ADDRESS: 2192 Dell Avenue
PROPERTY DESCR(PTlO~: Pine Del/, Lot 2
LAND USE PLA~
lONING
A-3
AS-B
COUNTY:
CITY:
RESJDENTlAL URBAN
RESIDENTIAL URBAN
RIGHT-of-WAY:
ACRES~ 0.15
ACRES:
ATlAS PAGE:
SEe: 12 TWP: 29 S RGE: 15 E
CITY COMMISSION:
2806
PLANNING AND ZONING BOARD: MaV 21, 1996
EXHIBIT A
..'~
o r Ii ill; 111 C e 6 0 !. 0 .. 9 6
~v
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERlY 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 IIEIGHr
(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. 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 "Eighr - (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. 6040-96.
PASSED ON FIRST READING
June 6 J 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Leslie Dougall
Assistant City
Cynthia E. Goudeau
City Clerk
Ordinance No.8041-98
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PROPOSED ANNEXATION
AND ZONING
OWNER:
Jorge F. Cruz
A: 96-18
ADDRESS: 2192 Dell Avenue
LAND USE PLAN
PROPERTY D~SCRIPT10N: Pine Dell, lot 2
COUNTY:
CITY:
RESIDENTIAL URBAN
RESIDENTIAL URBAN
ZONING
A-3
AS-S
RIGHT -of-WAY:
ACRES: 0.15
ACRES:
ATLAS PAGE:
2808
SEe: 12 TWP: 29 S RGE: 15 E
CITY COMMISSION:
PlANNING AND ZONING BOARD: May 21, 1996
Ordi n;l11ce 6041-96
OBDJ~AN.CE: ~O. 6042-~6
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.
d-'1
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 CllY COMMISSION OF THE CllY 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 detennined 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
June 6, 1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita GaNey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
Leslie K. Dougall i s
Assistant City Attome
Cynthia E. Goudeau
City Clerk
Ordinance No, 6042.98
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PROPOSED ANNEXATION
AND ZONING
----.
----------
--~_...- --~----::----
-...~:::-=.:..,,--._.......::.;.::;:::.-==----
OWNER:
ADonESS:
COUNTY:
CITY:
Janice Knox-Bronson
A:~:.l1
151 7 W Virginia Lane
EBQPEBIY--.l2J;:.SCFU prl 0 N:
Virginia Grove Estates
First Addition, Block 10,
Lot 2
---.- ~----~ -'-. .--.---.
7:_Q NJ~
R-3
RS-8
ACRES; 0,19
ACRES:
RIGHT-of-WAY:
. . -- ,p. .-...--.---. - ---- ---~-----~--.__... ._-_._--_.._--~._-- -_.-~------._-- .--
SEe: 08 TWP: 29 S RGE: 16 E
ATLAS PAGE: 273A
...- -..--.. ~.._~_. ._---~_._._---- -----------
-->--------~_.-... .-
PLANNING AND ZONING BOAHD:
CITY COMMISSION: June 6. 1996
May 21, 1996
fl.~.1t,!W",;rJlltJ't.tfz:.-tI~.~:.:,,'.~,,:t-~~~~ti~.Aattt~l~~'fUo...~"";.ffA-J;ll"SJ.';..h'rJ:e...~ .'~ .u!fl,~~.~~j n114:..'.<.::'"'\.~'~~~~~:uu~~i.~~!.;~~~':!f''''''L~'~.-::u.~,:~~~
(I)'d i'l !: ,',' t',(,./l:l -fl()
ORDINANCE NO. 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 uEIGHr (RS-8); PROVIDING AN
EFFECTIVE DATE.
Jet
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 fonows:
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 Pinellas County, FL. (A96-17)
Single-Family ResidentialllEighr - (RS-8)
Se~ion 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, contingent upon
and subject to the adoption of Ordinance No. 6042-96.
PASSED ON FIRST READING
June 6, 1996
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
_.__:=:::::.:==~~___.___-.::.:;:.::..~-==-=:.=--__ ...._~....:...-;o,:.~;;;..__.=';;...==~-----===-~._~~~- ......_l
OWNER:
Janice Knox-[3(onson
A: ~.:11
I
ADDRESS:
1517 W Viroinia Lane
P-B_Q PEHTY__O.JS.cRIPTjON:
Virginia Grove Estates
Rrst Addition, Block 10,
Lot 2
_._,--*..__..~------------"'---'----_.
,~Q.tJl~
COUNTY:
CITY:
R-3
RS-8
AC!l~ 0.19
ACRES:
RIGHT -of-WAY:
----~---,.._-_.-~------ -. ~ ._.~._----~.,--- _..._.~-'--~- -~-~'>'
ATLAS PAGE: 273A
SEe: 08 TWP: 29 S RGE: 16 E
----.----- .. .... ---_.*_.~_._~.---..--
PLANNING ^NO ZONING fiOARD: May 21, 1996 CUY COMMISSION: June 6, 1996 I
1:Il\\;~l!:~i.l,;:.i:':'~';,0$'l/;u'a~lt..."t".~~.:.,::II1'~ i:,\.""""MT."1!llll'l,~!;z.;-r:r::'.t;Ol%.';h~'" -'. .:=\::''l:,'-J~,,:-':;!.'''~;G.'c:.~~,'-_''..'-,~:' ::.&tW~1~60?j1~6~.!li~:""'!/"''':;~U.#lMl"''"
ORDINANCE NO. 6048-96
'd9
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 r~INA; 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:
Ordinance No. 6048-96
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 soutbeast end of the Marina and the Marina commercial
fuel dock located along the seawall on the east end of the 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
June /1, 1 996
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
",F
-
Cynthia E. Goudeau
City Clerk
, .
, ..
: . . . d
: " .; -. ,. . " . .;..
Item # 30
,
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F /976
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P-N~
Clearwater City Commission
Agenda Cover Memorandum
30 Item#:
, ;
Meeting Date:
(; .,~~a;i;'~~';
. ":,.'-: ~ ...". ';
.,? .'.' ".- .,.
. . . '. "
SUBJECT: Annual Office Supply Contract
RECOMMENDATION/MOTION: Renew the contract with the Smith Wilson Company, Orlando, Florida, for
the period 07/01/96 - 06/30/97, for the purchase of miscellaneous office supplies at a standard discount of 57.50%
from catalog list price which was the highest discount received in accordance with specifications of the bid, at an
estimated cost of $88,000,00
I&J and that the appropriate officials be authorized to execute same,
BACKGROUND:
. All departments purchase office supplies that are required by their individual departments,
· Each Department orders and receives supplies directly from the vendor as needed, then authorizes payment.
. To assure the best price available, bid specifications requested standard discount from either of two approved
industry standard catalog list prices. Electronic items and furniture are excluded from this contract.
. The Smith Wilson Company has provided satisfactory service during the current contract period.
. This is the first of two renewal options authorized under the conditions of the original bid.
. Purchases under this contract will be charged to vctrious department's operating budgets as purchases are
made. Funding is budgeted in various department's FY 95/96 operating budgets.
. The various department's FY 96/97 operating budget request will include sufficient funds for the balance of this
contract.
. The available combined office supplies/operating supplies budget balance is $544,223.43, as of May 7, 1996.
. Amount spent on current contract was $81,206.68 as of May 28, 1996.
Originating Department:
, '. '~' .':;!i~ce:"~'~;'.. .
I f)") A
User Depart".'e~t:
. . Various .
Costs:
<;.;. -:. l- $88,000.00
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Total
,:.a...-.:.. ""'$20~OOO.'oO,
Current Fiscal Year
Submitted by:
q LI-1A~
City ~ger7
o Printed on recycled paper
Advertised:
'Date:. -,
"'\,
Paper:
[&J Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capital Improvement:
o Operating:
o Other:
Attachments:
Smith wiison Letter.' '
^Ilpropriation Code
, .
o None
<; . '. _.~...'
THE S~ITH WILSON CO.
30
April 15, 1996
Mr. George McKibben
Purchasing Manager
City of Clearwater
Purchasing Division
P. O. Box 4748
Clearwater, FL 34618-4748
Dear Mr. McKibben:
As per our phone conversation, we would like to take this opportunity to exercise the
renewal option of Bid #78.95. All conditions of Bid #78.95 will remain in effect. The
standard discount from S.P. Richards Catalog will remain 57.50/0 on all items other than
electronic equipment and furniture. The service contract period will be May 22, 1996 to
May 21, 1997.
We look forward to working with you this next year.
P eston S. Copenhaver
President
3600 Rio Visla Avenue Orlando, Florida 3:!SI)5
(.h'i) IHI.i39l'
B~~
C NET
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Clearwater City Commission
Agenda Cover Memorandum
Item it:
3J
4. ;)(J .q~
Meeting Date:
SUBJECT: CSX TRANSPORTATION AGREEMENT #CSXT 025726
RECOMMENDATION/MOTION: Approve a Pipeline Crossing Agreement between the City and CSX
Transportation, Inc., Jacksonville, FL, in order to secure an natural gas easement across CSXT's right-of-way at 500
Jones Street in Clearwater, FL, at a cost of $1,650,00,
00 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 replace the obsolete leaking cast iron main which is located on the Manufactured
Gas Plant Site (MGP) at 400 N. Myrtle Avenue (Clearwater Gas System offices). We are installing a four inch (4")
Polyethylene gas main around the Manufactured Gas Plant Site in order to replace the old lines and to fix the gas
leaks. We will be abandoning the old cast iron mains in place because of the contamination on the MGP site.
CSX Transportation, Inc. requires all applicants to pay a fee when submitting the agreement. The total cost of this
permit application is $1,650.00, which includes a $200 Application Fee, a $225.00 Construction Risk fee and
One-Time License Fee of $1,225.00.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
~
..A..J
\...NIA
N/A
N/A
{Jlf}
N/A
Originating Department: ~ )
Clearwater Gas System tr
User Department:
Clearwater Gas System
Costs:
$1,650.00
Total
$1,650.00
Current fiscal Year
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
Submitted by:
g17v/ -
City ~ger
--.....
...\~ '
\
Advertised:
Date:
Paper:
I&l Not Required
Affected Parties
o Notified
liD Not Rf~qulred
Funding Source:
o Capltallmprovement:
1KI Operating:
o Other:
Appropriation Code
341-96301-
560700-532-000
Attachments:
CSX Agreement #025726
Location Map
o None
o Printed on recycll'd paper
AGREEMENT CHECKLIST
Agreement Number: CSX 025726
Please perform the following when executing the attached instrument
X Sign the signature page in order to execute the agreement. One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President. Vice
President or an officer authorized by Board Resolution to execute legal documents on
behalf of the Corporation. If the Corporate name is set out erroneously in the Agreement.
the document should be executed and the name corrected and initialled where it appears.
(Municipal Corporation, furnish copy of such Resolution.)
If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly
as the name is set out in the caption of the Agreement. If the name is set out erroneously
in the Agreement, the document should be executed and the name corrected and initialled
where it appears.
If the Agreement is with a PARTNERSHIP, all general members of the partnership should
execute the document unless one member of the firm has been designated managing
partner or expressly by the partnership to execute the Agreement. (Furnish copy of such
authority. )
.x. The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
.x. NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink
directly beneath signature(s),
.x. Social Security Number is required if Agreement is with an INDIVIDUAL, if Agreement is with
other than an INDIVIDUAL, a Tax Identification Number is required.
.x. Furnish Certificate of Insurance required under the INSURANCE Article,
.x. Initial and date each rider attached to the document following the signature page.
.x. In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described
within the Agreement:
Application Fee $ 200.00
Annual License Fee (refer to FEE's Article) $ 0,00
One- Time License Fee (refer to FEE's Article) $ 1,225,00
Construction Risk Fee (refer to INSURANCE Article) $ 225.00
Open Cut Compaction Fee $ 0,00
TOTAL DUE $ 1,650.00
CSXT Form 2037-G - P,'ge 1
R~vised April 1995 ~
Agreement No. CSX-02S726
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of May 16, 1996, by and be tween CSX TRANSPORTATION.
INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, herei.nafter called "Licensor" and CLEARWATER GAS
SYSTEM, a municipal corporation, political subdivision or state agency. under the
laws of the State of Florida. whose mailing address is 400 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 Pinellas, State of Florida. Valuation
Station 1359+60, Milepost SY-874.42, Fertilizer Business Unit, Clearwater
Subdivision, hereinafter called the "Crossing"; as shown on print of Licensee's
Drawing JTL025726, dated April 11, 1996, attached hereto and made a part hereof;
other details and data pertaining to said Pipe line being as indicated on
Licensee's Application Form. dated May 6, 1996, also attached hereto and made a
part hereof:
NOW, THEREFORE, in considerat ion 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 permit Licensee to
operate, use, alter or change said Pipeline
use stated above, for the term herein
termination.
construct, maintain, repair, renew,
at the Crossing above solely for the
stated, and to remove same upon
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.
CSXT Form 2037-G - Page 2
Revised April 1995 ~
Agreement No. CSX-025726
1.3 No additional Pipeline> or WirelinC' or othet. facilities sh.'111 ~(3
placed, allowed or m.1intained by LicensC'e in, upon or alone the Crossing (~xcc:)t
upon sepnr.1re prior written consent of Licensor.
2. LICENSE FEE; TERM:
2,1 In lieu of annual payments and in consideration of Licensor's w,ii.v'~r
of future fee increases, Licensee shall pay Licensor a one-time nonrefundable
License F~e 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 asswnes so 1e respons ib i 1 i ty for, and sha 11 pay
directly (or reimburse Licensor), any addicional 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 dace 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, alte~,
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' 5 particular industry, and/or any
governmental or regulatory body having jurisdiction over the Crossing or
Pipeline.
3.2 Location and construction of Pipeline shall be made strictly 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 wi th 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
blastin~ 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
CSXT Form 2037-G - Page 3
Revised April 1995 ~
Agreement No. CSX-025726
and/or exp~nse of furnishing said monitor.
3.5 Any repairs or maintenance to Pipeline, whether resulting from acts
of Licensee. or natural or weather events, which are n~cessary 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 pro tee t or safeguard its property, rail
operations. equipment and/or employees from damage or injury, may request
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 Licenso;. to object to any work done, material
used, or me thod of construe tion or maintenance of said Cross ing, 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 he reby agrees to re imburse Licensor any loss, cos t 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 I 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) I 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) I 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 responsibility for failure to obtain such
permit(s) or approval(s), for any violations thereof, or for costs or expenses
of compliance or remedy:
5. MARKING AND SUPPORT:
5,1 With respect to any subsurface installation upon 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:
... . . - ~ .-- .---:----. ..:--....~.. - ~. .-.-. ~. .
CSXT Form 2037-G - Page 4
Revised April 1995 ~
Agreement No. CSX-025726
(B) Backfill with satisfactory mnterial and thoroughly tamp all
trenches to prevent settling of surface of land and roadbed of Licensor; and
property or
location(s)
(C) Ei the r remove any sllrp Ius ea rth 0 r ma te r ia 1 from Licensor's
cause said su"plus earth or material to be placed and distributed at
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 disturbed 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:
6.1 In the event that Licensor's rail operations and/or track maintenance
resul t 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 cir.cumference, diameter or radius
of pipe or carrier pipe, change in operating pressure, or change in materials
transmitted in and through said pipe), Dr 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:
8.1 Although the Pipeline/Crossing herein permitted may not presently'
,.... ~ ---~---'----"-'--. ----... .--.--.-....,. - ~. '. . . I'
. - . ,. - .,
CSXT Form 2037-C - Page 5
Revised April 1995 ~
Agreement No, CSX-025726
interfere with Licensor's railroad operations or facilities, in the event that
the operation, existence or maintenance of said Pipeline, in the sole judBment
of Licensor, causes: (a) interference (physical, magnetic or othen:ise) with
Licensor's communication. signal or other wires, po"verlines, train control
system, or facilities; or (b) int(-'rference in any m,lnner 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 repai rs, maintenance or adj us tme nts to Pipe 1 ine. 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, suit,
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, operations, use or removal of
Pipeline or any structure in connection therewith, or restoration of premises of
Licensor to good order or condition after removal, EXCEPT when caused solely by
the fault 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, fi.re or derailment arising out of Licensor's rail operations, For this
Sect ion, the term "Licensee's Prope rty" sha 11 inc lude 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 resul~ from Licensee's failure to maintain either the Pipeline
or the required depth and encasement for Pipeline.
.' .._ ... ......_-..____. .____ .______~~.~' ~ " .0. ; ." _ , . .
CSXT Form 2037-G - Page 6
Revised April 1995 ~
Agreement No. CSX-025726
9.4 To the extent permitted by State law, as abov~, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licen::;or harmless
from: (a) all claims, costs and expenses, including reasonahle nttorneys' fees,
as a consequence> of any sudden or nonsudden pollution of ;1ir. 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 transmi.tted in or through sai.d 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 Licensor as
additional insured and covering liability assumed by Licensee under this
Agreement. A coverage limit of not less than THREE MILLION DOLLARS ($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 eGL 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 eGL 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), may self-insure or self-assume, in any amount(s),
any contracted liability arising under this Agreement, under a funded program at
self-insurance, which fund will respond to liahility of Licensee imposed by and
in accordance with the procedures establish~d 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
....-. ,,' r' -"'-""'n-~"--'-~.~ ------.~'";...-- .....~:- '. ..'." .
CSXT Form 2037-G - Page 7
Revised April 1995 ~
Agreement No. CSX-025726
operated railroad track(s) or affecting any railroad bridge. trpstle, tunnel,
track(s), roadbed, overpass or undcrpilss, Licensee shall (.1) notify Li.c('tlsor and
(b) pay to Licensor the sum of TWO HUNDRED TWENTY FiVE AND 00/100 U.S.DOLLARS
($225,00). to cover the cost of adding this Occupancy (Crossine) to Licensor's
Rai.lroad Protective Liability (RPL) Policv for any period of actual construction
or demolition.
11. GRADE CROSSINGS: FLAGGING:
11.1 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, except at public road crossing(s), without separate prior written
approval of Licensor (CSXT Form 7422).
11,2 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.
11,3 Subject to Licensor's consent and to Licensor's Railroad Operating
Rules and existi.ng 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. LICENSOR'S COSTS:
12.1 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.
12.2 Licensor I 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 wi thin thirty (30) days after rece ipt of Licensor's b ill 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 (12%) per annum,
unless limited by local law. and then at the highest rate so permitted. Unless
Licensee sha 1.1 have furnished de ta i led ohj ec t ions to such bills wi thin sa id
thirty (30) days, bills shall be presumed undisputed.
.."' . . w _~____'-"""_" . ----- -._.~-.--..... ~ ,
I " .'
CSXT Form 2037-G - Page 8
Revised April 1995 ~
Agreement No. CSX-025726
13. DEFAULT, BREACH, WAIVER:
13.1 The propeL and complete peLformance of each covenant of this
Agreement shall be deemed of the essencp 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 fOLty-eight (48) hours in the event of notice of a railroad
emergency), Licensor shall have the option of immediate 1y 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. I 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,
fM' *.. .. ______~";-.. .~..o_._.'-' --,.---..
/"'... . . \ ",
CSXT Form 2037-G - Page 9
Revised April 1995 ~
Agreement No. CSX-025726
16, ASSIGNMENT:
16.1 The rights herein conferrpd are the privilege of Licensee only, and
Licensee shoJI 1 obtain Licensor's prior written 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 lega I 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, assignment,
sublicense or encumbrance of this Agreement, or any of the rights and privileges
hereunder, Licensor, at its option, may revoke this Agreement by written notice
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,
11. 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.
17.3 Licensee shall not create or permit any mortgage, pledge, security,
interest, lien or encumbrances, including without limitation, tax liens and liens
or encumbrances with 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;
howeve r I Licensee rese rves the right to cha lIenee. at its so Ie ex.pense, the
validity and/or enforceability of any such Li.ens or Encumbra.nces,
.,. - --~---..... --~-' . ~..' -.
CSXT Form 2037-G - Page 10
Revised April 1995 ~
Agreement No. CSX-025726
18. GENERAL PROVISIONS:
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 interpreta tion of app 1 icable
federal, state, county, municipal or other local statute, ordinance or law(s),
However. each separate divis ion (paragraph, clause, item, term I 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
[K] Telecommunication Cable or Fiber Optic line
~,'
J:;-" .
.,.;... <'-, ....
CSXT Fonn 2037-G - Page II
Revised April 1995
Agreement No, CSX-025726
IN WlTNESS WHEREOF, the parties hereto have executed this agreeement in
duplicate (each of which shall constitute an original) the date first above written.
Witness for Licensor:
csx TRANSPORTATION, fNe.
By:
Printffype Name:
Printffype Title:
Witness for Licensee:
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
Elizabeth M. Deptula, City Manager
I
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Approved as to fonn and
legal sufficiency:
Attest:
John Carassas
Assistant City Attorney
Cynthia E, Goudeau, City Clerk
.:?
. ,._ . .. ~._--- ~--- --......-. - ~.:.. '._ . I
("Mel")
Mr. Greg Solomon
R & U Planning
Mcr Telecommunications Corporation
400 International Parkway
Richardson. TX 75081
Dept, 1187/041
Phone No. (800) 624-9675
(NOTE: WRITTEN CONSENT OF MCI IS ALSO REQUIRED)
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No construction of any type pursuant or related in any way to this
Agreement sha 11 be commenced by Li.censee, 01:' by any agent. rep resenta t i'Je.
contractor. subcont1:'actor of Licensee, without Licensee first giving at least
thirty (30) days written notice to the following Parallel Cable Occupier(s):
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),
cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall
be at Licensee's sole expense except as otherwise negotiated between Licensee and
said Occupier(s) .
5. Licensee shall be solely responsible and liable for any damage to
(e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances
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)
(Da te )
Licensee:
(Initial)
(Date)
"'""....., ~ ~ ------ -_.~ -~.~.. -' ~:~_r-H~.' '~.. :,":: ~.'~"~::'~-:: <', ~~ --..' .~ 1 .;"".....~ '- ~. ~ ~.' '"'_ ~. . . ~
'Io11liI' ~ lGIlIII ..
TllANSPOllTHION
REV. 10,01,91
\
Al'PLlCA llON FOR PrPELINE ~-.S..Slli.G. UNDER/OVER l'ROPERllES AND TRACK I 7-
/ \, ,,_ 1- L
(For RR Use) Division r ~ Ll. Su bdivision C ltJJ ~ 'I, : rt IE t2. Val Sec. ~ a P )-';'!b 3;-.y;.
Plans for proposed Lnstallat.ion shall be submitted to and elect the approval of the Railroad Company before con5truc&n is begun,
Material and installation Jre to be in stric.t accordance with specific.1tiOns of the American Railway Englneering Association and
requirements of c.sx TrJillponJtioo., Inc. Original and four (4) copies of this form shall be submitted, accompanied by five (5)
letter size prints of a drawing sho\lling plan, elevation section of crossing from field survey, IOQtion Ln rc.."pcct to milepost, v,-idth
of Railroad's right-oC-way and 10c.1tion of adjacent structures affecting crossing, and all information required in Figures 1 and 2
of ARE.A SpecifiC4tlons, Part 5 - Pipelines. If open cutting or tunneling is necessary, details of sheeting and method of supporting
tracks or driving tunnel iliall be shown.
1. Complete legal name of appuc.111t: C learwa ter Gas System
Telephone: ( 813 ) 462-6630
2. Address: 400 Myrtle Avenue City: C lellrwa ter State: FL Zip: 34615
3. If incorporated, name of state in which incorporated; Florida Municipality: , Ye<::.
4. Locatioa 2194 fe~t South (direction) from nearest Railroad MilepostS y p. 74
5. N~est Station; Clearwater __ County: Pinellas State: FI or; ciA
6. Within limits of public highway? Yes XX No . If "yes", show the road right-of-way on print.
DOT / AAR Cro~ing No, 10 2L - f.j /4 -I~
7. Temporary track support or riprapping required? Yes No XX - Describe N/ A
8. Wires, poles, obstructions to be reloc.'3.ted? Yes
No XX
- Describe
N/A
9. Product to be conveyed Natural Gas F1ammable? Yes ~~_ No
10. Max. Working Pressure nO PSI. Field Tesr Pressure 125
11. Lo<:.3tion of shut-off valves 30' West and 30' East of Centerline of
U. P1J>E SPECJF1CA TIONS: CARRIER PfPE:
Material 4" Steel
Material Specifications & Grade API 51.., Grade B/X42
Minirnun Yield Strength of ~laterial PSI 42 ,000
hfill Test Pressure PSI 48,000
Inside Diameter 4.124
Wall Thickness 0.188
Outside Diameter 4. 50
Type of Seam Elec. Resist Weld
Laying Lengths 42 '
Kind of Joints Welded
Total Lengths Within Railroad Right -of - W ay 50 '
Vents: Number? Size
.
Seals: Both ends Yes
Bury: Base of rail to top of casing
Bury: (Not beneath tracks)
Bury: (Roadway ditches)
CATHODIC PROTECIlON: Yes XX
PROTECI1VE COATING: Yes XX
Type, size and spacing of insulators or supports
13. Method of tllstallatiOll Directional Bore
14. If application is revision to existing crossing, give date of ae.rccmcnt N/ A
U application is approved, applicant agrees to reimburse CSXT for allY cost incnrred by the Railroad incideut to installation,
maintenance, and/or superlision necessitated by this pipeline instalJation aod further agrees to a5Surne all liability for accidents
or injuries which arise as a result of this U15taJlation. Should open cut wstillation be required, applicant will be respoosible for
all costs incurred by CSXT to remove and reinstall rail and incidental track resurfacing. Contract preparation fee in the amount
of S2OO.00 is attacbcd.
Temperature 600F
PSI. Type Test _ 24 HR
Railroad Tracks
CASING PIPE:
6" Steel
API SL, Grade B/X42
42,000
48,000
6.249
0.188
6.625
" Elec. Resist Weld
42'
\.]e IdeCi
SO'
2"
Height above ground
One end
/ '
I
5
5
N/A
feet
feet
feet
6"
6"
inches
inches
in ch es
No
No IGod Epoxy
Plastic 4"x6" at every 8' centered
_~1ay 6, 1996 .__
Date ~~c:) X tJ.lS 72&
\~
'-
Signa
of Officer Signing Application
PlcaseTypeorPriut: Kelly J. O'Brien, Designer
Name Title
( 813 ) 46"2-6630
Telcphol1~ Number
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2-C\S :L
Clearwater City Commission
Agenda Cover Memorandum
r/~
Item If: __:5
Meeting Dilte(;J' :1b .1 ~?
SUBJECT: INSTALLATION OF POLYETHYLENE GAS MAINS AND SERVICE LINES
RECOMMENDATION/MOTION: Extend the contract for twelve (12) months (6/21/96 to 6/20/97) for the
installation of polyethylene gas mains and service lines to Heuer Utility Contractors, Inc., Clearwater,
Florida, at an estimated cost of $867,750,
[gJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. In order to continue the prompt installation of new gas mains and services to provide new customer
connections without increasing staff, the Clearwater Gas System (CGS) proposes to extend the current
contract with Heuer Utility Contractors, Inc., for the installation of polyethylene gas mains and
services at various locations throughout our service area.
. During the current contract, Heuer Utility Contractors, Inc., provided quality construction work,
excellent restoration, and minimal customer complaints that were responded to and resolved
promptly.
. We are requesting that the Heuer contract be rolled for an additional twelve (12) months. Under the
current City's purchasing guidel ines, we can extend a contract twice, this wi II be the first extension of
this contract.
. Work wi" be performed under the direction of the Manager of Gas Operations, to meet new
customer requests, at locations both in northern Pinellas County and Southwestern Pasco County.
. The contractor will supply all labor and equipment, sod, asphalt, concrete, and curb replacements.
CGS will supply gas related materials such as polyethylene pipe, fittings, valves, and meters which
are approved on other Commission Agenda items as inventory purchases. The contract provides for
all aspects related to installation of mains, services, and meters. Heuer averages a workforce of 30 -
35 contract employees per day to accomplish this workload.
. Authorization to extend the contract is contained in the original specifications. A Letter of agreement
to extend the contract from Heuer Uti Iity Contractors, Inc. is attached.
N/A
Originating Department: '\
Clearwater Gas System. r/;)
V'
User Department:
Clearwater Gds System
Costs:
Total
Commission Action:
o Approved
o Approved with Conditions
o Den ied
o Continued to:
Reviewed by:
legal
Budget
PurchJsing
Risk Mgmt.
IS
ACM
Other
Estimated $867,750.
Estimated $400,000
Currenl Fiscal Yew
N/A
Advertised:
Date:
Paper:
(8) NOI Required
Affected Parties
o Notified
Funding Source:
1RI C.lpitallmproveml'nl:
o Operating:
o Olher:
Submitted by:
Appropriation Code
Attachments:
Vendor 1E.'lter
Original Bid 123-95
c'-.' li#J
;t.nls.r
341-96301-563800-
532-000
o Nonp
(8) Not Required
o Printed on recycled paper
. This request is supported by two different sources of funding: (1) the use of Phase I
1994A Bond Funds in the amount of $629,966, (2) the transferring of three
encumbered purchase orders that will not be completed until next year from the
1994A to the Phase II 1996 Bonds Funds for a total of $495,300.
. In order to meet the requirements of the Phase I bond issue and provide
funding for Service Line connections and main extensions the following
project transfers are being requested: transfer and appropriate $490,203 into
project 341-96301 ,(Pinellas New Mains & Service) by appropriating $80,724
of interest earning and transfer from project 341-96302 (Pinellas Gas System
improvements) a total of $63,921, from project 341-96303 (Pinellas Gas Line
Relocation) a total of $199,009, from project 341-96304 (Pinellas New Gas
Market Development) a total of $146,549, 341-96305(Pinellas Gas Building
& Equip) for a total of $38,297 and a balance in project 341-96301, (Pinellas
New Mains & Service) of$101,466, for a grand total of$629,966.
. Also monies will be provided for this project by transferring three (3)
encumbered purchase orders, two (2) from 341-96301,(Pinellas New Mains &
Service), purchase order 3826 in the amount of $267,000, purchase order 4269
in the amount of $141 ,000 totaling $408,000 and one (1) encumbered
purchase order from 341-96302 ,(Pinellas Gas System Improvements)
purchase order 1829 in the amount of $87,300. These purchase orders were
initially anticipated to be completed this year. However, these are Joint
Project Agreements with Pinellas County and we have been informed they
will not be completed until next year. These three (3) purchase orders total
$495,300. The two (2) purchase orders totaling $408,000 will be transferred
to 315-963 70,(Pinellas New Mains & Service) and the one (1) project will be
transferred to 315-963 72,(Pinellas Gas Line Improvements) for $87,300.
Purchase orders 1829, 3826,4269 were approved on 3/18/93, 5/4/95, and
1/17/95, respectively. The transfer of Gas revenues for these purchase orders
are in effect a loan, from the City's cash pool, and is anticipated to be an
interim solution. These monies will be reimbursed to the Gas Fund once the
new bond monies are available and the Gas System Bond Funds established.
These Bonds are now projected to be sold in June/July, 1996. These budget
amendments will be made at third quarter.
. In total this will provide $1,125,266 of funding to support this contract
($867,750), a contract extension for another Agenda Item ($86,775), and
provide $170,741, in additional funding for Pinellas New Mains & Services
work and materials.
Apr 11 25, 1996
.
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Mr. Sandy Barley
Clearwater Gas System
400 N. Myrtle Avenue
Clearwater, Florida
34615
Dear Mr. Barley,
Heuer Utility Contractors is pleased and willing to continue our
successful working relationship with Clearwater Gas System.
We accept our current price structure and will renew the eXisting
performance bond in the amount of our original contract.
Please contact me at your convenience in order to finalize this
process.
Once again, thank you for your business.
Sincerely,
ft---d{~.-J
Gregg C. Terry
President/General Manager
Heuer Utility Contractors,lnc.
12405 44th Street North · Clearwater, Florida 34622 · 813/573-1921
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Clearwater City Commission
Agenda Cover Memorandum
lIem ,3-3
Meeting Date:~' ~:{ (I. CJ ~~
SUBJECT: HEUER CONTRACT
RECOMMEN DA TlON/MOTI 0 N:
Ratify and confirm the City Manager's approval of a 10% increase in the Heuer contract for additional
funding of up to $86,775 for a total of $954,525 for the installation of gas mains and service lines,
l!l and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City Manager has approved on an emergency basis a 10% increase in the purchase order for this
contract in accordance with purchasing rules and is requesting the Commission to ratify same.
. The original Heuer contract was approved in October 1995 by the City Commission is an estimated
amount oft $867,750, which under the purchasing rules can be increased by ten (10) percent with
approval.
. An agenda item to rollover the original Heuer contract was drafted for the June 6th meeting, but
because of the recent move of the financial computer system (Ross) we could not confirm the funding
for this contract extension. Therefore, we could not submit the agenda item.
. The agenda item to extend the Heuer contract is now scheduled for the June 20th Commission
meeting as we were now able to determine the funding source.
. The funds for the current contract are estimated to be exhausted by June 12, 1996.
. In order to provide timely gas mains and service lines installation between June 12th and June 20th,
we have requested a ten percent increase in the existing contract to pay for the installation of gas
lines which will be contracted for during this period.
. The Heuer currently has between 30 - 35 employees working per day to complete the installation of
new mains and services to meet customer requirements. The Gas System Managing Director requests
the use of an extension which was approved by the City Manager pending the Commission's final
affirmation.
Reviewed by:
Legal N/A
Budget
Purchasing
Risk Mgmt. N/Ii.
IS N/A
ACM
Other N/A
Originating Department:
Clearwater Gas System
Costs:
Commission Action:
S86,775.00 0 Approved
Total 0 Approved with Conditions
$8&,775.00 0 Denied
Current Fiscal Year 0 Continued to:
User Department:
Clearwater Gas System
Submitted by:
/Adu
City #ger 7
Advertised:
Date:
Paper:
00 Not Required
Affected Parties
o Notified
lID Not Required
Funding Source:
[RJ Capilallmprovement;
o Opcraling:
o Other:
Attachments:
Appropriation Code
341-96301-5638000-
532-000
o None
o Printed on recycled paper
~....1,:., ' ,
33
· In order to have continuity of service for customer requests during this period, this emergency
increase in Heuer's contract has been requested by the Gas System Managing Director.
· Clearwater Gas System is in the process of setting up a parallel accounting system for the express
purpose of monitoring Purchase Order expenditures and balances in order to more closely track work
orders and fund balances in order to avoid last minute agenda items such as this.
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· The available balance in code 341-96301, Pinellas New Mains and Services, is sufficient to fund this
$86,775 increase.
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Clearwater City Commission
Agenda Cover Memorandum
.3L(
Item #
Meeting Date:
~~. :;to .1~'
SUBJECT:
Purchase of 3 Automated Side Loader Refuse Collection Trucks
RECOMMENDATION/MOTION:
Award a contract to Crane Carrier company, Tulsa, OK, for the purchase of 3 1996
Automated Side Loader Refuse Collection trucks, at a cost of $391,629 which is the
most responsive and responsible bid submitted in accordance with city
specifications; financing ~o be provided under the City's master lease-purchase
agreement;
rill and that the appropriate officials be authorized to execute same.
BACKGROUND:
.. Crane Carrier provided two bids with two differently designed refuse
collection systems.
.. The low bid includes a "Curbtender" high compaction, curved shell, full
eject trash collection system manufactured by Leach, Inc.
.. The "Curbtender" system does not comply with City specifications for a
packer dump body.
.. The alternate bid includes a Crane carrier chassis with the Heil dump body
system allowing for quick, safe operations at the City's Transfer station.
.. The Reil system is more efficient because it allows the operator to continue
dumping containers without stopping to clear the hopper as is required with
the "Curbtender" system.
.. To comply with the needs of the Solid Waste Department, staff recommends the
alternate bid with the Heil dump body system.
.. This purchase will replace G-1130, G-1133 and G-1134, and are included on
the approved FY 1995/96 Equipment Replacement List.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
.~
N~A
.r- '3>((.[
Costs:
S 391.629
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
$ 22,388
CUrrent Fiscal Yr.
. .:.:..,
.. '. J
Advertised:
Date: 2/23 & 3/1/96
Paper: Pinellas County Review
& Tampa Tribune
o Not Requi red
Affected Parties
~ Not if i ed
o Not Requi red
Flrlding Source:
~ Capi tal Imp.
o Operating
o Other
Attachments:
Bid Tabulation/Summary
Stbnitted by:
U~
City ~ .
Appropriation Code:
315-94221-564100-590-000
o None
.~ d
,~ Printed on recycle paper
. . " ,. '7.'f".::~", -:.: ;'~,,_~ 0,',
- 2 -
3~
Funding for this purchase is budgeted in project code: Motorized Equipment-Lease
Purchase, 315-94221-564100-590-000, which has available funds of $765,131.37 as
of May 14, 1996.
The Fleet operating budget has sufficient funds to pay the debt service for the
additional purchase price.
Fiscal year 1995/96 budgetary impact for the lease-purchase is approximately
$22,388 (principal: $20,554; interest: $1,834).
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CITY OF CLEARWATER
BID 88-96 OPENED MARCH 28. 1996
BID TAB
REFUSE COLLECTION VEHICLE . SIDE LOADER
CRANE CARRIER COMPANY
CRANE CARRIER COMPANY
AL TERNA TE BID
TULSA. OKLAHOMA
To~
l:1m
PRICE
TULSA. OKLAHOMA
ITEM
NO. DESCRIPTION QUANTITY
UNIT TOTAL
PRICE PRICE
UNIT
PRICE
1 REFUSE COLLECTION VEHICLE 3
125.861.00 377.583.00
129.373.00 388.119.00
=_a:a==Cltaaazs
==-==-=:Zc:l====
OPTION: 8 POINT LUBE SYSTEM
(NOT REQUESTED IN BID)
1.170.00 3,510.00
1.170.00 3.510.00
TOTAL WITH LUBE SYSTEM OPTION:
381.093.00
391.629.00
m=_a:a:aaa===:::z
====:z=c~aa=
180 DAYS
DELIVERY:
180 DAYS
TERMS:
NET 10
NET 10
SUMMARY OF BID 88-96
B IDS SOLI CITED :
BIDS RECEIVED:
NO RESPONSE:
NO-BID RESPONSE:
18
1 PLUS ONE ALTERNATE
8
9
SUMMARY OF NO-BID RESPONSES
DO NOT OFFER PRODUCT: 4
UNABLE TO MEET SPECIFICATIONS: 4
OUTSIDE OF SALES TERRITORY: 1
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Clearwater City Commission
Agenda Cover Memorandum
lS
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I tern II
Meet i og Dntt:::
~ . L;?6 -9 ~
SUBJECT:
Purchase of custodial Services
RECOMMENDATION/MOTION:
Award a one-year contract (7/15/96 through 7/14/97) to Detail Cleaning
services, Palm Harbor, FL, for custodial services, at an estimated cost of
$9~,800.00, which is the lowest, most responsive and responsible bid submitted
in accordance with bid specifications;
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
~ Bids were solicited in April, 1996 for custodial services at the following
facilities: City Hall, Municipal Services Building, General Services Complex,
Gas services, Gas Sales Office, Public Works Complex, Marina Building, Graphics
Division, sailing Center, Fire 45 Administration Area, Fire 48 Training
Building, Fire 49 Training Building and the offices at the Marshall Street wpc
Plant.
~ These facilities comprise a total of 156,719 square feet for custodial
purposes. The city reserves the right to add or delete square footage to this
contract as may be required.
~ The contract includes the ability to extend the services for two (2), one
(1) year periods with a price adjustment not to exceed the Consumer Price Index
for all goods and services for the latest twelve (12) month period.
~ The 1995/1996 General Services and Marine Department~_qp~rating budgets
include sufficient funding for this contract. The 1995/1996 operating budget
requests will include sufficient funds for the custodial servi,'ce~ contract.
. I....... i '.: : :'
Fiscal year impact and funding codes for 1995/96 and 1996/97 are as follows:
Department
General Services
Marine
Code
565-06531-530300-519-000
432-01371-530300-575-000
1995/96
$17,312.50
1,812.50
$19,125.00
1996/97
$65,787.50
6,887.50
$72,675.00
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
-yC
~
N~
--?S IL-
MarIne
Costs:
$ 91.800.00
TotaL
commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dept:
$ 19.125.00
Current FiscaL Yr,
Various
Funding Source:
o CapitaL Imp.
~ Op~rat i ng
o Other
Attnchments: b
Bid \Q
c_(; ~\+('a.C-+-
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Advertised:
Date: 4/26 & 5/6/96
Paper: P.C. Review & Tampa
Tribune
o Not Requi red
Affected Parti cs
~ Notified
o Not Requi red
o None
Appropriation Code:
See Background Page Two
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,. Printed on recycLe paper
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This CONTRACT made and entered into this
day of
,19-, by
and between the City of Clearwatert Florida, a municipal corporation, hereinafter designated as
"City" and Detail Cleaning Servicest of Palm Harbor, County of Plnellas, and, and State of
WITNESSEm:
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Florida, hereinafter designated as "Contractor."
That the parties to this contract each in consideration of the undertakings, promises and
agreements on the part of the other herein contained, do hereby undertake, promise and agree
as follows:
The Contractorr and his or its successors, assigns, executors or administrators, in
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consideration of the sums of money as herein after set forth to be paid by the City to the
Contractor, shall and will at its own cost and expense perform all labor, furnish all materials,
tools and equipment as detailed in:
Bid No. 113-96--Custodial Services
In accordance with the City's attached technical specifications and the Contractor's
bid response, together with any instructions to bidders, general conditions, and
proposal, which may be hereto attached, are hereby made a part of this contract, and
all of said work to be performed and completed by the Contractor and its successors
1
and assigns shall be fully completed in a good and workmanlike manner to the
satisfaction of the City.
If the Contractor shall fail to comply with any of the terms, conditions, provisions or
stipulations as contained herein within the time specified for completion of the work to be
performed by the Contractor, then the City may, at its option, avail itself of any or all remedies
provided on its behalf and shall have the right to proceed to complete such work as Contractor is
obligated to perform in accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES
HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH
MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE
CONTRACTOR'S ACTMTIES ARISING OUT OF TIllS CONTRACT, AND
FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND
CONDITIONS AS CONTAINED HEREIN, THE CONTRACfOR AGREES TO
HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OR SUITS, JUDGMENTS OR DECREES RESULTING FROM
ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS,
SERVANTS OR EMPWYEES RESULTING FROM ACfMTIES BY THE
AFOREMENTIONED CONTRAcroR, SUB-CONTRAcroR, AGENTS, SERVANTS
OR EMPLOYEES.
In addition to the foregoing provisions, the Contractor agrees to conform to the following
requirements:
In connection with the performance of work under this contract, the Contractor
agrees not to discriminate against any employee or applicant for employment because
of race, sex, religion, color, or natural original. The aforesaid provision shall include,
but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; lay-off or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts
hereunder, including contractors or agreements with labor unions and/or workers'
representatives, except sub-contractors for standard commercial supplies or raw
materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract,
and in the event that the work to be performed by the Contractor is not completed within the time
stipulated herein, of to the satisfaction of the City, then it is agreed that the City may cancel the
contract or service to any facility for cause, upon seven days written notice.
3
IN WITNESS WHEREOP, the parties to the agreement have hereunto
set their hands and seals and have executed this Agreement, in dupli-
cate, the day and year first above written.
CITY 01' CLEARWATER
IN PINELLAB COUNTY, PLORIDA
(SEAL)
By:
Elizabeth M. Deptula
city Manager
Attest:
countersigned:
Cynthia E. Goudeau, City Clerk
By:
Rita Garvey, Mayor-Commissioner
Approved as to form and legal
sufficiency:
!
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John C. Carassas
Assistant city Attorney
(Contractor must indicate whether
corporation, Partnership, Company
or Individual.)
Detail Cleaning Services, a
Florida corporation
By:
(The person signing shall, in
his own handwriting, sign the
Principal's name, his own name,
and his title; where the person
is signing for a Corporation,
he must, by Affidavit, show his
authority to bind the corporation).
(SEAL)
:DEtail Cleaning cSe'l.uicei.
CflY OF CLFARWATER
I .
BUIlDlNG & MAINrENANCE DMSION
P. o. ~ox 4748 "
CLEARWA1Br ~Jm~4618-4748
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ATTENTI ,t j JAM ':D. WOOD
; ;f~~$UPE.' ENDENT
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DEAR 'M' R ~WclOD\." )
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MAY 31,1996
i
THIS iEITER WILL ~ERVE AS AN AFFIDAVIT AUTHORIZIN<;i/jOHN H.
ter HORST, CONTRACTS-MANAGER FOR DETAIL CLEANlNG SERVICES,
TO SIGN AND LEGALLY SIlill_THE COMPANY FOR THE CUSTODIAL
SERVICES CONTRACT AWARDED BY THE CITY OF CLEARWATER, BID
NUMBER 113 - 96. ..._---..\ I ' .
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- _.-
JAMES E. BROWN
PRffil]jENT
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9. D. !.Box 630 · ::.Pa[n2 dla'lbo'l., 9[o'l.ida 34682 · (813) 442-4986 942-2601
,-- - .. ~. --_.. - -; -- -- . - - . - ~ . .' , ".
'. .
Item # 36
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Clearwater City Commission
Agenda Cover Memorandum
,3~
Item #
Meeting Date:
0. ~o,q ~
SUBJECT:
Purchase of One 1997 Ford
Truck Tractor Class 8, GCWR of 80,000 lbs.
RECOMMENDATION/MOTION:
Award a contract to Heitzelman's Truck Center, Inc., Orlando, Florida for the
purchase of one 1997 Ford truck tractor at a cost of $62,745 which is the most
responsive, responsible and low bid submitted in accordance with City
specifications; financing will be provided under the city's master Lease-purchase
agreement;
~ and that the appropriate officials be authorized to execute some.
SUMMARY:
~ Truck Tractor will replace equipment number Gl170, listed on the
approved FY 1995/1996 Equipment replacement list.
~ Replacement vehicle is used by the Solid Waste Department to tow trash
trailers to the County's landfill.
~ Funding is budgeted in project/code: Motorized Equipment-Lease
Purchase, 315-94221-564100-590-000, which has available funds of
$765,131.00 as of May 23, 1996, 1996.
~ Approximate FY 1995/96 budgetary impact: $3,596.00.
Revi ewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
.Other
N/A
~
l~AfL
Originating Dept:
General Services
WILLIAM BAIRD ~ ~
Costs: $62:/45
Total
Commission Action:
o Approved
o Approved w/conditions
o Deni ed
o Continued to:
Current Fiscal Yr.
t;0
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Advertised:
Date: 3/29/96-4/5/96
Paper: Pinellas County Review;
Tampa Tribune
x Not Required
Affected Parties
X Notified
o Not Requi red
FLnfing Source:
181 Capital Imp.
o Operating
o Other
Attachments:
Bid Tabulation Summary
Appropriation Code:
315-94221-564100-590-000
~ None
.... l d
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06120196; . ..
Item #: '." 1
Clearwater City Commission
Agenda Cover Memorandum
".11 "II
fK1-
Meeting Date:
SUBJECT: Contract for Holiday Decorating Service
RECOMMENDA TION/MOTION:
Award a contract for holiday decorating services for a five (5) year period, beginning December 1, 1996
and ending January 15, 2001, to Clark Sales Display, Inc., for the sum of $70,200.00, which is the
lowest most responsive bid submitted in accordance with the specifications,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
. Staff canceled last year's holiday decorating contract, with another vendor, for inability to perform.
. Clark Sales Display successfully performed this service under a previous contract with the City from
December 1, 1990 to January 15, 1995.
. The annual cost of this contract will be $14,040.00, with 50% paid in advance on October 15th
upon receipt of contractor's invoice, and second half due upon removal of decorations after January
1 It and receipt of invoice.
. The work will require one hundred and seventeen (117) 8'0" lighted pole hanging decorations and a
lighted tree:
. Forty-six (46) pole decorations on Cleveland Street from Myrtle Avenue to the bayfront;
. Forty-two (42) pole decorations on the Memorial Causeway section from the bayfront to the
beach;
. Twenty-nine (29) pole decorations on the triangle area on the beach encompassing Marianne
and Causeway Boulevard;
. And, one (1) 25' lighted tree with a 4' five-point star supplied for Clearwater Beach.
. The contractor will be responsible to install the decorations prior to December 1st each year and
remove them no later than January 15th of each year.
. This five (5) year contract is contingent upon the City Commission approving funds each year in the
operating budget to continue this service.
://::/(::)~1ol26oJxf
Total
Commission Action:
o Approved
o Approved w/Conditlon.
o Denied
o Continued to:
Rf)vlawed by: Originating Department:
Legal :r:::f::{){C~~t~~'Ae~,~j~IAA:)
Budget \v ~
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Submitted by: 0 Not Required
Z. ,/.~.' , Affected Parties:
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City. anag,( . 0 Not Requlrod
. '0 Printed on recycled pap.r
Funding Source:
o Cephal Improvement:
a Operating:
o
Other.
Attachments:
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CITY OF CLEARWATER
BID 111-96, OPENED MAY 9, 1996
HOLlDA Y OECORA liNG SERVICE
BID TABULATION
ITEM
CLARK SALES DISPLAY
TAVARES. FLORIDA
Z-DEC COMPANY
ZEPHYRHllLS. FLORIDA
DESCRIPTION OF SERVICE
1 YEAR 5 YEAR
PRICE' PRICE
5 YEAR
PRICE
1 YEAR
PRICE
1 HOLIDAY DECORATING SERVICE
$ 14,040.00 $ 70,200.00
$ 16,000.00 $ 80,000.00
TERMS:
50% I N OCT - 50% IN JAN
$4,500.00 DOWN
$5,000.00 AFTER INSTALL
BALANCE DECEMBER 10
SUMMARY OF BID 111-96
BIDS SOLICITED: 6
BIDS RECEIVED: 2
NO RESPONSE: 3
NO-BID RESPONSE: 1
UNABLE TO MEET SPECS: 1
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CONTRACT
This CONTRACT made and entered into this day of 19
, -'
by and between the City of Clearwater, Florida, a municipal corporation, hereinafter
designated as the .Citt, and
hereinafter designated as the .Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and
agreements on the part of the other herein contained, do hereby undertake, promise
and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in
consideration of the sums of money as herein after set forth to be paid by the City and
to the Contractor, shall and will at its own cost and expense perform all labor, furnish all
materials, tools and equipment for the following:
A five (5) year contract beginning December 1, 1996, and ending
January 15, 2001, to provide Holiday Decorating Activities under the
specifications described in Exhibit A.
In accordance with such proposal and technical supplemental specifications and such
other special provisions and drawings, if any, which will be submitted by the City,
together with any advertisement, instructions to bidders, general conditions, proposal
and bond, which may be hereto attached, and any drawings if any, which may be herein
referred to, are hereby made a part of this contract, and all of said work to be performed
and completed by the contractor and its successors and assigns shall be fully completed
in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or
stipulations as contained herein within the time specified for completion of the work to
be performed by the Contractor, then the City, may at its option, avail itself of any or all
remedies provided on its behalf and shall have the right to proceed to complete such
work as Contractor is obligated to perform in accordance with the provisions as
contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES
HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH
MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S
ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN
CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS
CONTAINED HEREIN, AGREES TO HOLD THE CITY HARMLESS FROM ANY AND
ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES
RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE
CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS,
AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE
AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR
EMPLOYEES.
..
In addition to the foregoing provisions, the Contractor agrees to conform to the following
requirements:
In connection with the performance of work under this contract, the Contractor agrees
not to discriminate against any employee or applicant for employment because of race,
sex, religion, color, or national origin. The aforesaid provision shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; lay-off or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees or applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provIsions in all contracts
hereunder, including contracts or agreements with labor unions and/or worker's
representatives, except sub-contractors for standard commercial supplies or raw
materials.
.
It is mutually agreed between the parties hereto that time is of the essence of this
contract, and in the event that the work to be performed by the Contractor is not
completed within the time stipulated herein, it is then furth~r agreed that the City may
deduct from such sums or compensation as may be due to the Contractor the sum
equal to 3% of the annual contract amount per day for each day that the work to be
performed by the Contractor remains incomplete beyond the time limit specified herein,
which sum shall only and solely represent damage which the City has sustained by
reason of the failure of the Contractor to complete the work within the time stipulated, it
being further agreed that this sum is not to be construed as a penalty but is only to be
construed as liquidated damages for failure of the Contractor to complete and perform
all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after
the execution of this contract and the surety bond which is attached hereto for the
faithful performance of the terms and conditions as contained herein by the Contractor,
that the City shall at any time deem the surety or sureties upon such performance bond
to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in
amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so,
furnish an additional bond or bonds in such term and amounts and with such surety or
sureties as shall be satisfactory to the City. If such an event occurs, no further payment
shall be made to the Contractor under the terms and provisions of this contract until
such new or additional security bond guaranteeing the faithful performance of the work
under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
2
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IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands
and seals and have executed this Agreement, in duplicate, the day and year first about
written.
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Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
City Manager
Approved as to form and
legal sufficiency:
Attest:
f
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
(Contractor)
By:
s :\Inewcome\contract.jc
3
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SPECIFICATIONS FOR HOLIDAY DECORATIONS
CITY OF CLEARWATER - PARKS & RECREATION
VENDOR ELIGIBILITY' All vendors must demonstrate prior successful
experience in providing like services to a
municipality or similar agency. Vendors must
also demonstrate the ability to successfully
perform per the specifications and scope ot
this document. Specifically, vendors must
provide proof that they have at least three
(3) years experience in providing pole-
mounted displays on poles located within the
Right-of-Way of D.O.T. roads; vendors must
provide three (3) references of this type
work. The successful bidder will be required
to sign a contract to be approved by the city
commission.
SCOPE: The City of Clearwater proposes to continue
to privately contract its Holiday Decorating
activities for a five (5) year period,
beginning December 1, 1996 and ending
January 15, 2001.
The area assigned to the contractor will be
the Downtown section (46 decorations on
Cleveland st., from Myrtle Ave. to the
Bayfront), the Memorial Causeway section (42
decorations from the Bayfront to the Beach),
and the Beach section (29 decorations
encompassing Marianne and Causeway Blvd.).
The contractor will be responsible to supply
and install all new 24" steel face plate
mounting brackets, with three (3) stainless
steel banding straps, and maintain them over
the term of the contract.
This work will require one hundred and
seventeen (117), 8'0" lighted pole hanging
decorations, with an average of sixty (60)
lamps per decoration, and full garland; and
one (1) 25' lighted tree with a 4' five-point
star, two hundred and sixty (260) lamps,
and full garland. These decorations may be
new or refurbished, meeting with the approval
of the city. The contractor will utilize
3000 hour rated (C-9) lamps, to be changed-
out each year, to the satisfaction of the
CITY APPROVAL O~
DECORATIONS a
PERFO~CE:
NON-PERFORMANCB
PENALTYs
INSURANCE I
. .
city. The contractor is required to furnish
and install all materials needed to connect
the lighted decorations to existing power, to
furnish, install, and maintain the decorations
during the specified period, and to furnish
all traffic control during the installation,
maintenance and removal of the decorations.
The City is to provide a working 110 volt
electrical outlet at each pole where
decorations are to be located, and, at the
Memorial civic Center where the 25' tree is
to be installed.
The city will have the right to select the
type of decorations desired from a catalog
furnished by the contractor. If so required,
the contractor will furnish samples of
decorations to the city. The City may mix
and change the decorations on a yearly basis
to equal decorations.
The contractor shall install the decorations
during the month of November, and prior to
December 1st each year; the contractor shall
remove the decorations in a timely manner,
anytime after January 1st and prior to
January 15th. The contractor shall make any
repairs that are required within 72 hours of
receiving notice.
The contractor shall forfeit three per cent
(3%) of the annual contract amount, for each
day in December that the complete decorations
are not fully installed and functional. The
contractor shall forfeit one-half per cent
(1/2%) of the annual contract amount, for
each day in December that the contractor
failed to make required repairs, outside
the 72-hour of receiving notice requirement.
The contractor shall possess and maintain all
applicable licenses and insurance required by
law and shall possess and maintain a minimum
of $500,000 liability coverage. Contractors
employees are to be under appropriate
worker's compensation.
,,!:_,
.
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METHOD OF PAYME~:
Q~~ELLATION FOR
~ON-PERFORMANCEI
CANCELLATION FOR
NON-FUNDING:
Contractor shall be paid on an annual basis -
one-half of contract paid in advance on
October 15th upon receipt of contractor's
invoice, and second half due upon removal of
decorations and receipt of invoice (net 30).
The City shall have the right at any time to
cancel the contract, upon thirty (30) days
written notice to the contractor, for
continued or gross failure by the contractor
to perform satisfactory services as specified
within the contract.
Except as a result of non-performance on the
part of the contractor, as previously
provided for in the specifications, the City
of Clearwater may not for any reasons of
convenience or otherwise cancel this contract
at any time during the five (5) year period,
excepting however, at the end of each one
year period the city commission may at its
sole discretion cancel this contract by
failing at annual budget approval to include
funds for its continuance in the upcoming
year involved.
.
(it
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Clearwater City Commission
Agenda Cover Memorandum
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. Meeting Date; ii_'!Wjlil;:~!J~;
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SUBJECT: Carpenter Field Clubhouse Renovations (96-15)
RECOMMENDATION/MOTION: Award a contract for Carpenter Field Clubhouse renovations (96-15),
to Oakhurst Construction Co., Inc. of Seminole, Florida for the sum of $621,647 which is the lowest
responsible bid received in accordance with plans and specifications, and approve additional funding of
$698,147 at mid-year budget review
1&1 and that the appropriate officials be authorized to execute same.
BACKGROUND:
> The Carpenter Field Clubhouse used by the Philadelphia Phillies was constructed in 1967. Although
minor modifications have been made over the years, modernization is needed to bring the facility to a
level similar to those used by other major league baseball teams (i.e. air conditioning, offices, etc.).
> Originally, this project had a total budget of $600,000. CIP 93202 included $60,000 in 1995/96 for
design services and $540,000 in 1996/97 for construction.
> During the early design stage, it became evident that an increase would be needed to the project
budget. On January 29, 1996, the City Commission directed staff to proceed with plans and bid
documents for the renovations at an estimated cost of $798,500 for construction and professional
fees. This was an increase of $198,500 over the original budget of $600,000.
> The City received good bids and the proposed new project budget is $758,147. This is $40,353 less
than anticipated at the City Commission work session of January 29, 1996. The new budget may be
outlined as follows:
Contract to Oakhurst Construction Company
Professional Services
Lockers and Shelving
Parking and Landscaping
Contingency
$621,647
66,500
30,000
1 0,000
30,000
$758,147
> This contract will include major renovations to the interior as well as the exterior portions of the
Clubhouse building. Items will include the installation of an air conditioning system for the entire
building, re-roofing, improved facilities for players meals, ADA accessible restrooms, offices, etc.
> In order to fund this project staff is recommending a mid-year amendment to transfer $698,147 from
Infrastructure Taxes to Capital improvement C' de 93202.
Costs:
Reviewed by:
Current Fiscal Veer
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
(::'{))::):::($:'8'21::,'647::::
Total
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Other Mli1,ittili~~~t~~~!~;it~wl.~
Advertisod:
Funding Source:
o Capltel
Improvement:
o
Operating:
o
Other:
Attachments: 1) Bid
tabulations and summary
'\
Submitted by:
g/Y;q--
..City ~tJ;;?'""v
o Printed on recycled popelr
o Not Required
Affectod Pardes
o Notified
o Not Required
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315.93202
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CCPIE S TO
(;(j"'.1~jSSION
JUN 1 9 1996
!B'Wae g. !J(aufmann, :J.~,
r:J~tu (B73) '4'-9447 d1tt()vuy a'fl Ltw
~ (S1') '4'-1944 117~1 66th dhul cI'IOuh ~ 401
La"9o, 'JfowJa 34643
PHCSS
CLERK I ATTORNEY
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Iuae 19, 1996
CLEARWATER BOMBERS
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Mayor Garvey
City Commissioners
~ dtal I wiD not be able to attend due to a prrMous1y scheduled busincss trip out of town.
contin9 the Bomber request until tho next bU8i.nesa meeting. I want k) be available to
answer any questions that you havo on the matter. I thank you for the contb\uancc and the support
that you have given to the Bombers.
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CLEAR\V ATER CITY COIVliVlISSION
Agenda Cover iv1emoranduIl1
40
Item #
Meeting Date
0' ,]C'1G
SUBJECT: Amendment to Stone Buick lease.
RECOMMENDA TIONIMOTION: Approve a First Amendment To Le:lse Agreement regarding that certain lease
agreement dated June 7, 1994 between the City and Stone Buick, Inc. of lease premises in GmSONS
CLEARWATER HEIGHTS and JANIE DANIELS subdivisions, wherein Stone Buick will vacate existing
structures and approximately 40% of the present lease premises by August 30, 1996, in consideration of which the
City will adjust the monthly rent from $3,500.00 to $1,600.00 effective September 1, 1996 and extend the lease term
2 years from May 6, 1997 to May 6, 1999, with all other terms and conditions of said lease remaining unchanged,
I X I and that the appropriate officials be authorized to execute same.
SUMMARY:
e Stone Buick has been renting about 2.3 acres of City property in the 1100 block of Cleveland Street since the City
acquired the property in 1980.
o The current lease premises are improved with a 2,800 square foot concrete block office/warehouse building and 2 open
bay stmctures containing a total of approximately 1,700 additional square feet.
. Engineering staff is currently seeking proposals to demolish all structures on the approximately 14.3 acre "Annex"
property (EXHIBIT "A"). Stone Buick under-utilizes the structures it leases and wishes to vacate the structures and
amend the lease premises rather than terminate the agreement entirely. Vacating the structures would provide the City
with as yet undetennined cost savings by including all "Annex" structures in a single demolition contract.
. By August 3 1. 1996 Stone Buick would vacate all of the structures currently under lease from the City, along with
approximately 40% of the current lease premises. The remainder lease premises will be approximately 59,625 square
feet with asphalt paving having an overall value of approximately $319,000 per property data records. Calculating a 6%
return on value to the City would equal $19,140 annual rent, or $1,595 monthly. Stone Buick officials have agreed to
round the monthly payment to $1,600.00 for the amended lease premises.
. The current lease tenninates May 6, 1997. With this amendment Stone Buick also proposes to extend the tenn 2 years
to May 6, 1999. The lease contains a provision whereby either party may provide 60 days notice to terminate the
agreement. Per tenns and conditions of the current lease, Stone Buick will continue to be responsible for all taxes,
maintenance and insurance costs relating to the amended lease premises.
Reviewed by:
Originating Dept.
Engineering
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Costs:
N/A
Commission Action
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EBudget N/A
FPurchllsino N/A
fRisk Momt. N/A
liS N/A
JACM .:f~rC'
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(ENG. I I i ,..,-
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I OTHER '; N/A
(Current FYI
Approved
User Dept.
Funding Source:
Approved
w/conditions
Copt. Imp.
Denied
Advertised:
Operating
Cont'd to
Date:
Other
Paper:
Not required: X
" Affected parties
'-'\ notified
Appropriation Code(s)
Attachments:
," Amendment To Lellse Agreement
M Anncxw Locator Map (EXHIBIT M A"l
: Submittod By: 1fW
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<--.;/ .
City Manager,:/,
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Not Required
x
AmondStono.Agn
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this
day of , 1996, by and between the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Lessor"),
and STONE BUICK, INC. a Florida Corporation ("Lessee"), regarding
that certain Lease Agreement between the parties dated June 7,
1994, governing lease premises legally described as:
That certain piece, parcel or tract of land in section
15, Township 29 South, Range 15 East within the City of
Clearwater, Florida, more particularly described as:
Lots 14 and 15, LESS road on the North; Lot 16, LESS
road, Lots 17 and 18 LESS road, and the West ~ of vacated
street adjacent on the East; Lot 26 and the West ~ of
vacated street adjacent on the East; Lot 27, Lqt 29 and
the West ~ of vacated street adjacent on the East; Lot 34
and the North 25 feet of Lot 37 and the West ~ of vacated
street on the East; Lot 28, 35 and the North 25 feet of
Lot 36, CLEARWATER HEIGHTS, A/KIA GIBSON'S CLEARWATER
HEIGHTS SUBDIVISION, as recorded in Plat Book 4, Page 99
of the Public Records of Hillsborough County, Florida, of
which Pinellas County was formerly a part, together with
Lot 4, JANIE DANIELS SUBDIVISION, as recorded in Plat
Book 5, Page 23, of the Public Records of Pinellas
County, Florida.
WIT N E SSE T H:
WHEREAS, Lessee desires to vacate a portion of the above
described lease premises by August 31, 1996, and adjust its monthly
rent obligation to Lessor accordingly; and,
WHEREAS, Lessor is agreeable to accepting the vacation of a
portion of the above described lease premises by August 31, 1996,
and adjusting the monthly rent obligation of Lessee accordingly;
and,
WHEREAS, Lessee desires to extend the lease term from its
present termination date of May 6, 1997 to May 6, 1999; and,
WHEREAS, Lessor is agreeable to extending the lease term from
May 6, 1997 to May 6, 1999; and,
Page 1 of 4
WHEREAS, Lessee has been informed that Lessor may demolish
any structure(s) on the portion of the lease premises being vacated
at any time following such vacation, and would wish to demolish any
portion of such structure(s) as may encroach upon the remainder
lease premises; and,
WHEREAS, upon verbal request, Lessee is willing to grant entry
to Lessor, or Lessor's agents, to that portion of the remainder
lease premises for the purposes of demolition and removal of the
encroaching structure; and,
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 said lease agreement be amended
as follows:
1) The legal description of the lease premises, as amended,
shall be:
GIBSONS CLEARWATER HEIGHTS, Lots 14, 15, 16 and 17, LESS
the East 15 feet of Lot 17, the West ~ of Lot 26, all of
Lots 27 and 28, the West ~ of Lot 29, the North ~ of the
West ~ of Lot 34, and the North ~ of Lot 35, according to
the map or plat thereof as recorded in Plat Book 4, Page
99 of the Public Records of pinellas County, Florida.
Containing 59,625 square feet, more or less.
2) Commencing September 1, 1996, Lessee shall have
completely vacated all of Lessor's property except the amended
lease premises as described in (1) above, and the monthly rental
due and payable to Lessor for the lease premises, as amended, shall
be One Thousand six Hundred and ---No/100's---Dollars ($1,600.00),
continuing for the balance of the lease term as provided in (3)
below.
3) The lease term is hereby extended an additional 24 months
from May 6, 1997 through May 6, 1999.
4) Lessor, upon a schedule to be solely determined by
Lessor, shall have the right, but not the obligation, to demolish
any structure(s} on that portion of the vacated lease premises, and
any portion of any structure(s) as may encroach upon the remainder
lease premises, and shall provide Lessee with verbal notice of its
intent to demolish prior to entering upon the remainder lease
premises.
All other terms and conditions of said Lease Agreement remain
unchanged and in full force and effect.
Page 2 of 4
Ii) :<slj-IJ~l-1.)53
~1AY 01 '96
15:10 No.OOe P.02
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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
in the presence of:
~K~
STONE BUICK, INC.
By: ~~~~'
RIctar H. Norr s, P .es de ,
Secretary & Treasurer
l-E.~ e...€1 A ~
countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Cornmissione~
BY:."Efi'zabeth M. Deptula
City Manager
Approved as to form and
legal sUffioiency:
Attest:
John CaraSSl\S
city Attorney
- I
Cynth18 E. Goudeau
City Clerk
AmenSton.ewb
Page 3 of 4
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STONE BUICK, INC.
111illllllilllll LE~BE PREMISES
~ VACATED PORTION
. CLEVELAND S~R~ET (B.~. 60)
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Page 4 of 4
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Item # 41
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
YI
Item #
Meeting Date
~ ' ;)JJ .1 ~
SUBJECf: Highland A \'cnuc ImllJ"O\'cmcnts
RECOMMENDA TIONIMOTION: Appnwc Supplemcntal Agreement No.2 to the Agreemcnt for Profcssional Seniccs for Highland
Avenue \Vidcning with HDR Engineering, Inc.. in the amount of S5Gl,085.00,
~ and that tile appropriate officials be authorized to execute samc.
SUMMARY:
. HDREngineering, Inc. has designed the widening of Highland Avenue between Gulf-to-Bay Boulevard and SWlsct Point Road. The proposed
approval of Amendment No.2 is to provide for full time inspection and construction contract management.
. A separate agenda item provides for award ofthe construction contract to Overstreet Paving Company of Largo, Florida.
. HDR Engineering, Inc., will provide the following services: construction observation for quality control and regulatory compliance; traffic
control systems observation (maintenance of traffic will be an important clement of this project); coordilli,tion of citizen inquiries and
involvement; field engineering changes as necessary; materials testing; construction records, payment measuremcnts and processing; record
dra\-.-ings and compliance certifications required by pennit agencies. HDR proposes to use Cumbey and Fair to provide survey support for the
project. Cumbcy and Fair has provided all of the surveying for project design and pcnnitting.
. Project will start on or about July 8, 1996 and be completed in 480 days.
. The Capital Improvement Project, Highland Avenue Improvements (315-92140-561200-541-000) has sufficient funds for the completion of
tItis project
Reviewed by:
Originating Dept.
Costs: $561,085.00
Convnlsslon Action
Logal
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N/A
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Engineering Department "
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User Dept. I ' (
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Engineering Department .' I
ICurrent FYI $255,000.00
Approved
Budget
Funding Source:
Approved
w/conditions
Purchallng
Capt. Imp. X
Denied
Risk Mgmt.
Advertised:
Operating
Cont'd to
IS
N/A
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Dote:
Other
ENG.
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Paper:
ACM
Not required:
OTHER
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/\. Affected parties
j. notified
Appropriation Codels)
Attachments:
Submitted BV:
315-92140-561200-541-000
Supplemental Agreement No. 2
City Manager
Not Required
HIGHHDR.AGN
HIGHLAND AVENUE IMPROVEMENTS
CITY OF CLEARWATER
SUPPLEMENTAL AGREEMENT NO.2
THIS SUPPLEMENTAL AGREEMENT, made and entered into this day
of , 1996, by and between the CITY OF CLEARW A TER, an
incorporated area in Pinellas County, Florida, hereinafter called the CITY, and HDR
ENGINEERING, INC., of 5100 West Kennedy Boulevard, Tampa, Florida 33609,
hereinafter called the ENGINEER.
1
WIT N E SSE T H:
WHEREAS, the CITY and the ENGINEER heretofore on November 1 O. 1990,
entered into an agreement whereby the CITY retained the ENGINEER to furnish certain
services in connection with .l::li.ghland Avenue Improvement&; and
WHEREAS, Paragraph I.B of Exhibit "B" of the original Agreement provided a
mechanism for the ENGINEER to provide additional services as authorized by the CITY;
and
WHEREAS, the CITY has determined it necessary, within the general description of
the project as original planned, to require certain changes in services of the ENGINEER and
that the ENGINEER be granted an extension of time and increased compensation;
NOW THEREFORE, this Agreement witnesseth that for and in consideration of the
mutual benefits to flow each to the other, the parties agree that the ENGINEER shall
perform the services as modified by Exhibit "A", attached to hereto and made a part hereof
and that the ENGINEER shall receive for his services hereunder the increased maximunl
amount of$sfi11 085 .00 Dollars. It is further agreed that the ENGINEER shall complete
Design and Construction Assistance Services required of the ENGINEER by said original
Agreement, by Supplenlental Agreement No.1 and by this Supplemental Agreement No.2-
in a timely manner as directed by the CITY.
Except as hereby modified, amended, or changed, all of the terms, conditions, billing
procedures, and other administrative procedures of said Agreement and any supplements and
amendments thereto shall remain in full force and effect.
IN WITNESS WHEREOF, the parties to the Agreement have hereto set their hands
and seals and have executed this Agreement, in duplicate, the day and year first above
written.
HDR ENGINEERING, INC.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
Authorized Signature
Elizabeth M. Deptula
City Manager
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BY:
BY:
Name: ~. Wadsworth
COUNTERSIGNED:
Title: Senior Vice President
BY:
Rita Garvey
Mayor - Commissioner
ATTEST:
ATTEST:
Ed Ferguson, Vice President
Cynthia E. Goudeau, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
John C. Carassas
Assistant City Attorney
2
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EXHIBIT A
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SCOPE OF SERVICES
HIGHLAND AVENUE IMPROVEMENTS
CONSTRUCTION ASSISTANCE
FROM SR 60 (GULF-TO-BAY) TO SUNSET POINT ROAD
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TABLE OF CONTENTS
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I, PROJECT DESCRIPTION ......... .... '1' .,.. 't' .,. II.. .t. It" II.. It..'..,. II.. I'" If. II' .,.. II' It' .,.. If.. 11."..... II.. .A-l
II. DEFINITIONS. ............................... ..,.... ............. .... '" .,.. ......... It" ....... .,, .,, .t. .... ....... .,, .,.. II' ..A-l
III. ITEMS TO BE FURNISHED BY THE CONSULT ANT...............................................A-2
IV. ITEMS TO BE FURNISHED BY THE CITY................................................................A-3
V. LIAISON ........................ .... ...... ....... .,, '" ....... '" ....... .... II' '" .t. .............. .t. .,.. II .... .... .,_ .t. ........,A-3
VI. COOPERATION AND PERFORMANCE OF THE CONSULT ANT...........................A-4
VII. SERVICES TO BE PROVIDED BY THE CONSULTANT...........................................A-4
VIII. RESIDENT INSPECTION............. ....... .......... .... ............................................................ .A-l 0
IX. SURVEyING......... .... .,.. .._ ............. '" ". .... If' ". .... ....... .,. II' '1' .... .......... '" ....... .t. '" .... ....... ...A-l 0
X. TESTING.................... '" II" ............. II' '1' ....... '" ........ ...... '" '" ........... .,, '" .... ...... .... '" ..........A-l1
XI. TECHNICAL ENGINEERING SERVICES.............................................................. ...A-12
XII. PERSONNEL. 11.,1.... .,.. 1,.,1.. 11.,1.,1.. II.,.. '" '" .,. .,.. II' II.. II..... It. I" '" .,.. II.... '" .,... II .,.. II........... ...A-IS
XIII. DELAYS. II.. It. II .... II' .,.. '" .,...'. II.. II I" .,.. II' II.. II .,.. II' .,.. .t' .,.. 11.,1. .,.. It.. II.. II 1,.,1. .,.. 1'.,1. '" .,.. .,... .A-16
XIV. LENGTH OF SERVICE..................... ... ............. ................. .... ............ ....... ... .... ... .... ......A-16
XV. ADDITIONAL ENGINEERING SERVICES... ...................."".... ....... ...... .............. ......A-16
CITY OF CLEARWATER
SCOPE OF SERVICES
I. PROJECT DESCRIPTION
The Consultant shall provide the services necessary to manage and inspect the construction
of the PROJECT for the CITY OF CLEARWATER, hereafter known as the CITY, as
described in this Agreement. The PROJECT involves the following construction contract:
Highland Avenue from SR 60 (Gulf-to-Bay) to Sunset Point.
The Consultant shall be responsible for construction contract management, construction
engineering, inspection, and administration activities, in representing the CITY on the
PROJECT as described in this Agreement. the CONSULTANT shall utilize effective control
procedures in order to verify that the construction of the project is performed in substantial
conformity with the plans, specifications and contract provisions, including environmental
permit conditions.
The PROJECT'S construction contract shall be an individual letting. The actual construction
NOTICE TO PROCEED and construction time for the contract shall be as follows:
Description
Construction Time Notice to Proceed (Anticipated)
Highland Ave. Improvements
420 (14 months)* June 1996
'"
Contract time for HDR is 16 months to allow for CEI/Engineering Services before
and after construction.
II. DEFINITIONS
A. CITY OF CLEARWATER - The legislative and governing body who shall have the
power to carry on CITY governnlent to the extent not inconsistent with general or
special law .
B. Construction Contract - The construction work let under contract(s) by the CITY to
contracting firms.
c. Construction Contract Suspension - The unscheduled and unforeseen cessation of
construction activity on a construction contract.
D. Consultant - The Consultant firm retained by the CITY to perform all construc~ion,
contract management and construction engineering and inspection functions as
A-I
defined in this Agreement.
E. Contractor - The contracting firm or its designated representatives, awarded the
construction contract( s).
F. City Manager - The employee designated by the CITY responsible for all
administrative activities related to Consultant services in the CITY.
H. Design Engineer of Record - The Engineer retained by the CITY to design the
aforementioned project(s).
G. City Project Manager - The CITY employee designated too participate in the project
liaison activities covered by this Agreement.
1. City Engineer - The Engineer in charge of roadway design and construction for the
CITY or his designated representatives.
J. Project Engineer - The qualified individual who has been assigned by the Consultant
to be in responsible charge of the construction contract(s).
K. Special Construction Works -Any item purposely build and used to expedite
construction, such as cofferdams, shoring, falsework, temporary towers, gantries,
trusses, brackets, beams and winches, strongbacks, form travelers, casting machines,
lifting devices and the like.
L. Testing Laboratory - The firm hired by the Consultant to provide laboratory testing
and materials sampling.
III. ITEMS TO BE FURNISHED BY THE CONSULTANT
A. The printed documents and services listed below are to be obtained by the
CONSUL T ANT prior to the CONSULTANT beginning work. Compliance with
these guides, manuals, procedures and directives may be a requirement of this
Agreement. All applicable documents/materials are to be readily available at the
construction site field office. It is the responsibility of the CONSULTANT to obtain
published updates of all documents as necessary and in accordance with the
construction contract documents.
B. The CONSULTANT will furnish an adequate supply of all standard fonns to be used
in carrying out technical services.
C. The CONSULTANT will furnish any computer services, including software, needed
for PROJECT scheduling and control, administration, quantity calculations,
A-2
(! '.)
The CONSULTANT will provide all field engineering and safety equipment,
photographic equipment, vehicles, tapes, rules and any other items necessary in order
to carry out the work under this Agreement.
payments to Contractor and other items as necessary. The Contractor normally
provides the CITY with a bar graph schedule reflecting on the various bid items in
the contract. The CITY's construction contract(s) require the contractor to submit a
schedule.
D.
A field "Office for the Engineer" will be provided by the CONTRACTOR for the
PROJECT. The field offices will be a minimum of 400 square feet and include a
telephone, electricity, restroom facilities and drinking water.
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The CONSULTANT shall provide a sufficient number of vehicles to accommodate
his project personnel, to maintain the necessary coverage of the PROJECT to
adequately transport personnel and equipment.
G. The CONSULTANT'S employees shall be easily identifiable.. they shall wear the
same unique hard hat in the field.
H. The CONSULTANT will furnish and maintain a minimum of five (5) hand held
radios, all on the same frequency. One (1) radio shall be provided for use by the
CITY'S Project Manager. The Project Engineer will be provided a cellular telephone
for 24 hour availability.
IV. ITEMS TO BE FURNISHED BY THE CITY
The City will furnish the CONSULTANT sets of plans as needed in sizes appropriate for the
work..
V. LIAISON
A. The CONSULTANT shall be fully responsible for carrying out all functions assigned
to it by this Agreement on the construction project covered by such Agreement. All
activities and decisions of the CONSULTANT relating to the PROJECT shall be
subject to review by the CITY'S Project Manager.
B. The CONSULTANT shall advise the CITY'S Project Manager, in writing, of any
omissions, substitutions, defects and deficiencies noted in the work of the Contractor
and the corrective action taken. the work provided by the CONSULTANT shall, in
no way, relieve the Contractor of responsibility for the satisfactory performance of
the construction contracts.
A-3
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C. The CONSULTANT shall provide coordination and documentation of all activities,
correspondence, reports and other communications related to its responsibilities
under this Agreement and shall keep the CITY'S Project Manager informed of these
activities and actions.
D. Construction contract management, construction engineering and inspection will be
required of the CONSULTANT at all times while the Contractor is working.
VI. COOPERATION AND PERFORMANCE OF THE CONSULTANT
A. During the life of this Agreement the CITY'S Project Manager has the right, but not
the duty, to conduct reviews of the various phases of the CONSULTANT'S
operations, such as construction contract management, construction engineering)
inspection, materials sampling and testing and administration activities. The
CONSUL T ANT shall cooperate and assist the CITY'S Project Manager in the
conduct of~he reviews.
B. The CONSULTANT shall maintain at the job site, open to inspection by the CITY
at all times during regular work hours, orderly files for correspondence; reports of job
conferences; shop drawings and sample submissions; reproductions of original
Contract Documents including addenda, change orders, field orders, additional
drawings issued subsequent to the execution of the contract, and progress reports, and
other project related documents.
VII. SERVICES TO BE PROVIDED BY THE CONSULTANT
A. CONSTRUCTION MANAGEMENT
1. It shall be the responsibility of the CONSULTANT to provide services, as
necessary, to administer the construction contract(s) in the manner so as to
verify that the PROJECT is constructed in reasonable conformity with the
plans, specifications and contract provisions.
2. The CONSULTANT shall perform all construction management services
necessary to verify that proper coordination of the activities of all parties
involved in accomplishing completion of the PROJECT is achieved; to
maintain complete, accurate records of all activities and events relating to the
PROJECT; to properly document all significant changes to the PROJECT;
to provide interpretations to the plans, specifications and contract provisions;
make recommendations to the CITY to resolve disputes which arise in
relation to the construction contract; and to maintain an adequate level of
surveillance and documentation of the Contractor's activities. All records and
documentation will be in accordance with approved standard procedures,
A-4
formats and contents.
B. The CONSULTANT shall develop those standards and/or procedures addressing, but
not limited to, the following items 1, 2, and 3 and C, and other informal procedures
and practices for construction project management, construction engineering,
inspection and specialty activities normal to the construction of this type of
PROJECT.
1. Construction Management Services
· Administer Construction Contracts
· Administer Construction Process
· Documentation Control
· Coordinate Correspondence
· Communication
· Administer Engineering Functions
· Finals and As-Builts
· Change Orders
· Claims Analysis
· Personnel Assignments
· Coordination Meetings
· Invoicing by Contractors
· Administer Shop Drawings and Other Submittals
· Reviews and Approvals
· Clerical Services
· Construction Progress Reports for Environmental Permits
· Before, During and Post Construction Video Documentation
(buildings, landscaping, driveways, etc.)
2. Construction Engineering Services
· Surveys
· Field Inspection
· Coordination Meetings (contractors, utilities, etc.)
· Contractors Meetings
· Observation of Public Safety Practices for Work in Progress
· Daily Diary and Weekly Inspection Reports
· Contractor Payments (prepare monthly pay requests)
· Materials and Quality Assurance
· As-Built or Record Drawings
· Resolution of Field Problems
· Utilities Coordination
· Water Quality and Turbidity Sampling and Reports
A-S
· Design Interface
· Public Relations
· Progress and Final Photographs and Video Documentation
· Testing - Field and Laboratory
3. Construction Inspection Services
· Maintenance of Traffic
· Clearing and Grubbing
· Embankment Base and Pavement
· Drainage Structures and Retention Ponds
· Removals and Relocations
· Utility Installations and Removals included in the PROJECT
(to include Street Lighting)
· Utility Relocations by Others (monitoring and coordination)
· Retaining Walls (proprietary and conventional)
· Signing and Pavement Markings
· Signalization and Lighting
· Environmental Concerns
· Sampling and Testing
· Turbidity/Erosion Control
· Soil Density Testing
· Concrete Cylinders
C. CONSTRUCTION ENGINEERING
The CONSULTANT shall perform all construction engineering services that are
required to fulfill its responsibilities under this Agreement. Construction engineering
services shall include but are not necessarily limited to the following:
1. Maintain on a daily basis a complete and accurate record of all potential areas
of delay and/or clainls and take appropriate action to eliminate and/or reduce
the same.
2. Maintain a log of all materials entering into the work with proper indication
of the basis of acceptance of each shipment of material.
3. t\1aintain records of all sampling and testing accomplished and analyze such
records required to recommend or deny acceptability of materials and
completed work items. The CONSULTANT shall submit within a week's
time, field reports for records of work and testing results to the CITY'S
Project Manager.
A-6
4. Once each month, the CONSULTANT shall prepare a comprehensive
tabulation of the quantity of each pay item satisfactorily competed to date.
Quantities shall be based on daily records or calculations. Calculations shall
be retained. The tabulation will be used for the preparation of the Monthly
Pay Request. The CONSULTANT may utilize computer generated
reporting and payment progress records.
5. Provide to the Contractor, interpretations of the plans, specifications and
contract provisions. The CONSULTANT shall consult with the CITY'S
Project Manger when an interpretation involves complex issues or may have
an impact on the cost or schedule in performing the work.
6. Evaluate Change Proposals and provide conclusions as to whether or not
proposed changes are cost effective or in the best interest of the CITY.
7. Analyze changes to the plans, specifications or contract provisions and extra
work which appear to be necessary to carry out the intent of the contract
when it is determined that a change of extra work is necessary and such work
is clearly within the scope of the original contract. Recommend such changes
to the CITY'S Project Manager for approval.
8. In the event the Contractor gives notice, either written or verbal, that he
deems certain work being performed by him to be beyond the scope of
construction contract and he intends to claim additional compensation,
maintain accurate records of the costs involved in such work. These records
shall include manpower and equipment times and materials installed
(temporary or permanent) in the portion of the work in dispute.
9. In the event that the CONTRACTOR submits a claim for additional
compensations, analyze the submittal and prepare a recommendation to the
CITY'S Project Manager covering validity and reasonableness of charges and
conduct negotiations leading to recommendations for settlement of the claim.
Maintain complete, accurate cost account and other records of work involved
in claims.
10. In the event that the Contractor submits a claim for additional compensation,
analyze the submittal and prepare a recommendation to the CITY'S Project
Manager covering accuracy of statements and the actual affect of delaying
factors on completion of controlling work items.
11. Prepare and submit to the CITY'S Project Manager a final estimate and one
(1) full set ofltred-lined" (legible) record plans for the PROJECT. This task
must be completed within thirty (30) calendar days after final acceptance of
A-7
," . ". '. ~" ",'. :'~ '_ . , ,'_~," ~ .. . " 4..._....._...._~~:
a PROJECT by the CITY. These plans shall consist of final design blue line
prints plus supplemental construction data sheets revised to reflect the actual
constructed conditions as well as result of construction events, operations
inspections and tests legible for use in regulating agency certification.
12. Monitor the construction contract to the extent necessary to determine
whether construction activities violate the requirements of any permits.
Notify the Contractor of any violations or potential violations and require his
immediate resolution of the problem. Violations must be reported to the
CITY'S Project Manager immediately and, if applicable, to the appropriate
regulatory agency(s).
13. Maintain a complete log and administer distribution of all Contractor
submittal items which require review and approval prior to ordering or use,
noting the dates of submittals, responses, and subsequent reviews and
resubmittals, approvals, etc. The CONSULTANT shall take note of and
verify that any changes are properly carried through to construction and shall
further record, report, make recommendations and adjudicate upon any
circumstances which affect the progress or cost of the work The
CONSUL T ANT shall actively encourage all reviewers to accomplish reviews
promptly. Submittals may consist of shop drawings, manuals or similar
documents, laying schedules" maintenance of traffic plans depicting or
describing proposed construction procedures or materials.
14. Advise the CITY and the Contractor immediately of the commencement of
any work requiring a shop drawing or sample submission if the submission
has not been previously approved by the CONSULTANT.
15. Provide coordination between the Contractor and utility companies to assure
that conflicting utilities are removed, adjusted or protected in-place in a
timely manner to minimize delays to construction operations.
Documentation will be maintained in accordance with approved procedures
and applicable utility agreements between the CITY and affected utility
companIes.
16. Provide coordination or inspection of utility work that is included in the
Construction contract. This includes all required documentation.
17. The CONSULTANT Project Engineer will conduct a weekly meeting as
required with the respective Contractor(s), subcontractor(s) and/or utility
companies to review plans, schedules, problems or other areas of concern.
The results of these meetings will be recorded with minutes distributed to all
A-8
affected parties including CITY'S Project Manger.
18. Conduct and document field reviews of the maintenance of traffic operation
after normal working hours, weekends and holidays if maintenance of traffic
represents a potential hazard to the public.
19. Upon identification of a proposed changed condition or construction contract
change, the extent of change shall be analyzed and an order of magnitude
estimate of cost and time change, if any, will be prepared. Prior to receipt of
the Contractor's estimate, prepare the fair cost estimate.
20. Coordinate the negotiations of all changes with the Contractor using the
CONSULTANT'S prepared fair cost estimate as a basis. The CITY'S Project
Manager will coordinate the approval of all recommended changes in cost
and time. The CONSULTANT shall prepare change order documents and
track the status of each one until executed.
21. Address public information matters dealing directly with the construction
PROJECT. The CONSULTANT shall be sensitive to public image, handling
of press/media, the contractor' safety practices for work in progress as it
related to public safety, maintenance of traffic issues in accordance with
FOOT Standards and Standard Indexes, etc., and shall inform and assist
appropriate CITY personnel and/or its designee in the presentation and
dissemination of PROJECT information to the public. All public
information matters dealing with situations not directly relating to the
construction PROJECT shall be directed to the CITY'S Project Manager or
his designee.
22. The CONSULTANT shall also record the progress of work by taking color
video recordings. These recordings will depict operations in progress and
completed work for each work area on an ongoing basis throughout the
PROJECT. Video documentation of noteworthy incidents or events may
incl ude:
· All preconstruction conditions
· Exceptional progress of work
· Accidents showing damage
· Unsafe conditions, if observed
· Unusual construction techniques
· Damaged equipment or materials
· Any activities which may result in claims
A-9
The taking of video recordings shall begin prior to the start of construction
and continue throughout this PROJECT, including Conditional and Final
Acceptance. All video recordings will be delivered to the CITY.
23. Environmental Coordination/Monitoring/Reporting in accordance with
environmental permit requirements.
VIII. RESIDENT INSPECTION
A. The CONSULTANT shall provide personnel and services to monitor all on-site
Contractor's construction operations. The CONSULTANT shall, in general, perform
inspection services in accordance with standard procedures and practices and other
accepted practices as may be appropriate.
B. The CONSULTANT shall keep diaries open to inspection by the CITY at any time
during regular work hours, which records hours on the job site, weather conditions,
data relative to questions of extras or deductions, list of principal visitors, daily
i:lctivities, decisions, observations in general, specific terms as to the daily progress
of construction, and detailed observations as related to test procedures. These diaries
shall include all Contractor's personnel by class and all equipment on the job each
day.
C. The CONSULTANT shall record names, address, and telephone numbers of all
Contractors, subcontractors, and major suppliers of equipment and materials, and
provide same to the CITY at its request.
IX. SURVEYING
The CONSULT ANT will provide surveying for setting the baseline, elevations, and right-of-
way, and measurement of Highland Avenue from Gulf-to-Bay to Sunset Point. Among the
types of Survey Services for this project will be the following. It is recognized that the exact
amount of survey required is uncertain at this point. An allowance of $25,000 will be
established for such work. This amount shall not be exceeded without written approval from
the CITY.
A. Reestablishment of survey baseline by utilizing the existing reference points and
existing baseline control points. Reestablishing of the survey baseline shall be
limited to the control points, i.e. P.C.'s, P.T.'s, P.O.T.'s and intersection P.I.'s.
B. Verifying reference points which includes checking and recording field angles and
distances form the survey baseline to the existing reference points. This shall include
resetting of missing or disturbed reference points.
A-to
c. Re-establish destroyed bench marks.
D. Stake/flag right of way at 100+ stations and at breaks in the right of way. Stakes are
to be hubs or nails and shiners at non-property corner locations with laths in non-
paved areas, or laths or paint at found property comers.
E. Survey and record such measurements as are necessary to calculate and document
quantities for pay items:
F. Plot pond transects on cross-section sheets for final records. Sign and seal as
required by permits.
G. Perform incidental engineering surveys as may be necessary to carry out the services
of the CEI contract and to verify the accuracy of the contractor's survey layout work.
x. TESTING
A. The CONSULTANT will provide all field testing and concrete cylinders. All other
materials sampling and testing for the PROJECT will be provided by a testing
laboratory provided by the CONSULTANT. The CONSULTANT shall be
responsible for ordering and supervising all laboratory testing. Laboratory testing
is defined as follows:
1. Laboratory proctor compaction tests and limerock bearing ratio (LBR) tests
shall be determined to provide the relationship between dry density, n10isture
content, and bearing ratio on subgrade material and limerock base course.
2. Asphalt pavement shall not be cored for thickness and core density.
3. Concrete cylinder shall be stored on-site and picked up by laboratory
serv~.ces. Each cylinder shall be tested in accordance with the specifications
and test results reported to the Project Engineer.
4. All laboratory test samples shall be collected and delivered to the laboratory
by qualified personnel.
5. The results of all laboratory testing shall be sent to the Project Engineer. The
Project Engineer will notify the laboratory when testing is required and where
samples will be taken,
B. The CONSULTANT shall review reports on sampling and testing of component
materials and completed work items to the extent that will verify that the materials
and workmanship incorporated in the PROJECT are in conformity with the plans,
A-II
specifications and contract provisions. The minimum sampling frequencies set out
in the Florida Department of Transportation's Materials Sampling, Testing and
Reporting Guide shall be met.
C. Sampling, testing, and laboratory methods shall be as required by the Florida
Department of Transportation Standard Specifications or as modified by the contract
provisions. The CONSULTANT shall be specifically responsible for determining the
acceptability of all materials and completed work items on the basis of either test
results or verification of a certification, certified mill analysis, Department of
Transportation label, Department of Transportation stamp, etc.
D. The CONSULTANT shall inform the CITY'S Project Manager of schedules for
sampling and testing as the work progresses on the construction contract.
Documentation reports on sampling and testing shall be submitted to responsible
parties during the same week that the construction work is done.
E. The CONSULT ANT shall perform all necessary on-site surveillance and inspection
of the asphalt paving operations, Off-site sampling and inspection of plant facilities
will be by the testing laboratory or CONSUL T ANT'S personnel. The
CONSUL T ANT will be responsible for tracking and monitoring all testing
information and data.
XI. TECHNICAL ENGINEERING SERVICES
This Section clarifies the responsibilities of the CONSULTANT with regard to the technical
engineering services required for satisfactory performance of the services associated with this
Agreement.
A. Structure - The CONSULTANT shall verify that significant structure foundations are
constructed at the correct location and elevation.
B. The CONSULTANT shall bring any concerns for any defects or deficiencies in the
material components, as received at the site, to the attention of the CITY'S Project
Manager, as soon as possible, and he shall assist and cooperate in their resolution.
C. Formwork - The CONSULTANT shall verify that the Contractors sets all formwork
to the correct line and level, properly adjusted for cambers or deflections, that it is
of sufficient quality to provide the required surface finish and that it receives a proper
application of release agent. The CONSULTANT should notify the Contractor of
any items which he considers are inadequate.
A-12
He shall further verify that the Contractor exercises due care and attention in
removing formwork so as not to damage the new concrete surfaces.
D. Placement of Reinforcement - The CONSULTANT shall verify that all
reinforcement is of the correct size, shape and quality and that it is correctly located,
tied and supported to maintain its position throughout all concrete placement and
consolidation operations.
E. Concrete Placement, Consolidation, Finishing and Curing - Prior to placement of any
concrete, the CONSULTANT shall verify that all the work has been fabricated
correctly and that cleanliness and all surface preparations, etc. meet requirements.
The CONSULTANT shall verify all concrete is placed, consolidated, finished and
cured in accordance with the requirements of the contact. The CONSULTANT shall
also be responsible for verifying that any defects, slight honeycombing or blemishes
in the concrete are repaired in an approved manner. In situations where the cor:.crete
fails to meet the requirements of the contract or is deficient in any manner, such as
honeycombing or poorly finished surfaces, under strength or out of tolerance, etc.,
the CONSULTANT shall ~e responsible for reviewing and making recommendations
upon any remedial proposals put forward by the Contractor.
F. Finishing of Concrete Surfaces - The CONSULTANT shall verify that all surface
finishes are carried out in a workmanlike manner and in accordance with the
requirements of the contract.
G. The CONSULTANT shall verify that all miscellaneous items are of the proper type,
size and manufacture and are fabricated and installed correctly in accordance with the
requirements of the contract, approved shop drawings, laying schedules, procedures
and/or manufacturer's instructions and so forth as appropriate. Miscellaneous items
include, but are not limited to bearings, expansion joints, anchor bolts, any metal
embedments, railings, barriers, roadway fixtures, utility fixtures, painting, applied
finishes, grinding, grooving and the like.
H. Field Problems:
1. Types of Problems - Generally, field problems are any types of difficulties
encountered during construction through circumstances, which mayor may
not be under the control of the Contractor, which require some degree of
engineering evaluation and decision. They might involve situations such as
out-of-tolerance work, out-of-specification materials, structural defects,
accidental damage, underground obstructions, discovery of unanticipated
geologic or geomorphic conditions and so forth.
Sometimes these problems might have a significant impact upon the
A-13
execution, progress or cost of the PROJECT. It is therefore of paramount
importance that they be resolved expeditiously. The CONSULTANT is the
key member of the team for pursuing and implementing solutions.
2. Duties of the Consultant - In general, in all cases where a difficulty, problem
or defect of any nature is encountered during construction, the
CONSUL T ANT shall be responsible for assembling all relevant information,
including any proposals from the Contractor, coordinating with the Design
Engineer, documenting and evaluating the same in a concise and orderly
manner, for reviewing all the information and circwnstances and for making
recomnlendations and expediting decisions based upon the most expeditious
course of action so as to minimize delays and costs while achieving a
structurally acceptable result.
In particular, the CONSULTANT shall first utilize his own personnel and
resources in order to assess the problem and its likely impacts upon the
project. Again, by utilizing his own personnel and resources, he shall also
assess both the technical and contractual implications upon the PROJECT of
any proposals put forward by the Contractor. In making these assessments,
the CONSULTANT shall consider all likely impacts upon the PROJECT as
regards to costs, delays, potential claims, contract administration,
management, any justifiable financial adjustments (up or down, including
penalties) to be applied to the construction contract, and the feasibility of the
Contractor successfully and expeditiously carrying out his technical
proposals. The CONSULTANT shall make these assessments in order to
formulate his recommendations. He shall then forward his assessments and
recommendations to the CITY'S Project Manager and the Design Engineer,
together with any proposals from the Contractor, for further assessment,
analysis and disposition by these organizations.
Upon resolution and approval of the technical solution, the CONSULTANT
shall verify that all approved remedial measures are carried out in a
technically competent and workmanlike manner. He shall also be responsible
for any contract administration, payment, management and so forth, normally
associated with implementing remedial measures of this type.
In all situations, the CONSULTANT shall verify that all proposals, reviews,
assessments, studies, recommendations and decisions are executed
expeditiously in order to minimize any delay and costs.
A-14
3. The CONSULTANT shall not:
a. Authorize any deviation from the Contract Documents or substitution
of materials or equipment, unless authorized by the CITY.
b. Undertake any of the responsibilities of the Contractor, subcontractor
or Contractor's superintendent.
c. Issue directions, relative to, or assume control over any aspect of the
means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the
Contract Documents.
d. Issue directions regarding or assume control over safety precautions
and programs in connection with the work.
e. Accept Shop Drawing or sample submittals from anyone other than
the Contractor.
XII. PERSONNEL
A. General Requirements
The CONSULTANT shall provide qualified personnel as necessary to effectively
carry out its responsibilities under this Agreement.
B. Personnel Qualifications
The CONSULTANT shall utilize only competent personnel who are qualified by
experience and education. The CONSULTANT shall submit, in writing to the
CITY'S Project Manager, the names of all personnel to be utilized for assignment to
a construction contract, together with a detailed resume with respect to education and
experience qualification of each individual.
C. Staffing
The CONSULTANT shall adequately staff the job sufficiently in advance of the
beginning of construction work to be properly prepared to satisfy its responsibilities
and shall maintain an appropriate staff after completion of construction to complete
the final estimate. Responsible personnel, thoroughly familiar with all aspects of
construction and final measurements of the various pay items, shall be available to
resolve disputed final pay quantities until the appropriate contract has been paid off.
A-IS
The CONSULTANT'S personnel list will be submitted prior to the date any
individual is to report to work.
An individual previously qualified whose performance is later determined by the
CITY to be unsatisfactory shall be replaced by the CONSULTANT.
When the Contractor's operations on a contract diminish, the CONSULTANT shall
reduce the number of its personnel assigned to that PROJECT as appropriate.
Construction, engineering and inspection forces shall be required of the
CONSUL T ANT at all times while the Contractor is working on the construction
contract. If the construction contract is suspended, the CONSULTANT'S forces shall
be adjusted. In the vent of a construction contract suspension which requires the
removal of the CONSULTANT'S forces form the PROJECT, the CONSULTANT
will be allowed up to a maximum of twenty-one (21) calendar days to demobilize,
relocate, or terminate such forces.
D. Licensing/Certifications
The CONSULTANT will be responsible for obtaining proper licenses and/or
certifications for any personnel operating equipment or performing tasks requiring
licensed/certified operators.
XIII. DELAYS
In the event delays occur in the CONSULTANT'S contract time, unless due to the
CONSULTANT'S fault or negligence, the contract time and compensation will be adjusted.
XIV. LENGTH OF SERVICE
The CONSULTANT services for the construction contract shall begin upon written
notification to proceed by the CITY ENGINEER. The length of services as herein
established for the construction contract is based on the CONSULTANT beginning work
when notified and continuing to work until acceptance by the CITY of the described services.
The CONSUL T ANT will be expected to provide services thirty (30) calendar days
subsequent to final acceptance of the final construction contract.
XV. ADDITIONAL ENGINEERING SERVICES
The CONSULTANT shall provide additonal engineering services as described in Exhibit
"B".
A-16
FOR
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COMPENSATION TO THE CONSULTANT
CITY OF CLEARWATER
HIGHLAND AVENUE
FROM
SR 60 (GULF - TO-BA Y) TO SUNSET POINT
:
For the BASIC CEI SERVICES provided for in this Agreement, the CITY agrees to pay the
CONSULTANT as follows:
'" ". >.,~\:::-:~~~::---;-~'''' .--.- .- . . I _' " '. ..
I. BASIC CEI SERVICES
A. For the services of all the CONSULTANT'S field personnel assigned to this
PROJECT, the CITY shall pay an amount equal to the CONSULTANT'S billing rate
schedule for all actual hours of work performed. The billing rates shall be based on
salary, a field office overhead rate, fringe benefits, and profit.
B. F or overtime hours worked by the CONSULTANT'S personnel, the CITY shall pay
an amount equal to the labor billing cost plus one-half of the direct labor cost
amount. Direct labor costs shall mean salaries and wages paid directly to the
CONSUL T ANT'S personnel and does not include indirect payroll related costs,
fringe benefits, overhead, or profit.
C. For the CONSULT ANT'S direct expenses related to field office operations, including
office machines, supplies, overhead, vehicles, inspection equipment, radios, and
safety equipment, the CITY agrees to pay the CONSULTANT a lump sum monthly
amount as shown on Exhibit "C".
D. 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 determination of the percentage of Basic Services work
effort completed to date of termination.
E. In the event the CONSULTANT'S Basic Services payments must be extended,
through no fault of the CONSULTANT, additional compensation shall be negotiated
based on the contractor's work yet to be performed.
II. ADDITIONAL ENGINEERING SERVICES DURING CONSTRUCTION
The CONSULTANT shall provide additional engineering services not otherwise identified
in this Agreement as may become necessary due to the construction services. Compensation
for Additional Engineering Services are as provided within. The following items would
constitute Additional Engineering Services:
A. The CONSULTANT may be required to make changes and revisions to the plans
and specifications based on Contractor proposed modification in order to complete
the construction activities.
B-1
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B. The CONSULTANT may, upon request, provide verbal or written interpretation of
design details, design intent, or clarification as may be required by the Contractor for
building the project.
C. The CONSULTANT shall review shop drawings as submitted by the Contractor and
provide comments, approvals, etc. as required so that the construction work may
proceed on a timely basis.
D. The CONSULTANT may, upon request, assist in preparing for arbitration hearings
or litigation that occur after the completion of the CONSULTANT'S contract time
in connection with the PROJECT covered by this Agreement.
E. The CONSUL T ANT may, upon request, provide qualified engineers and/or
engineering technicians to serve as engineering witnesses, provide exhibits, and
otherwise assist the CITY in any litigation or hearings in connection with the
construction contract( s).
F. The CONSULTANT may, upon request, provide off-site inspection services above
those specified in this Scope of Services.
G. Payment for Additional Engineering Services shall be made based on actual hours
worked times the billing rate schedule for home office engineering work. The billing
rates shall include salary, a home office overhead rate, fringe benefits, and profit. In
addition, expenses for computer/CADD time and reproduction shall be based on the
rates shown in Exhibit "C".
III. OWNERSHIP OF PROJECT DOCUMENTS
All inspection data, diaries, field notes, as-built plans, specifications and any other
documents prepared or obtained by the CONSULTANT under the provisions of this
Agreement shall be the sole property of the CITY and, together with all data and reference
material furnished by the CITY in connection with the PROJECT, shall be delivered to the
CITY upon completion of the PROJECT, or upon termination of this Agreement as provided
for herein.
IV. INVOICES
The CONSULTANT shall invoice the CITY on a monthly basis for the duration of the
project.
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EXHIBIT C
'. .
DETAILS OF ADDED FEES
HIGHLAND AVENUE IMPROVEMENTS
CONSTRUCTION ASSISTANCE
FROM SR 60 (GULF- TO-BAY) TO SUNSET POINT ROAD
1)
2)
3)
4)
EXHIBIT C
SUPPLEMENTAL AGREEMENT NO.2
HIGHLAND AVENUE CONSTRUCTION ASSISTANCE
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DETAILS OF FEES
SR 60 (Gulf-to-Bay) to Sunset Point Road
Additional Engineering Services
$43,200.00
$481,810.00
CEI Field Services
Geotech & Lab Services Allowance
(Williams Earth Sciences)
$11,075.00
Miscellaneous Survey Allowance
(Curnbey & Fair, Inc.)
$25.000.00
TOTAL MAXIMUM FEE
$561,085.00
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".. - -~---- _.._-~--~--- ~~~- - - -~ -- ~ .
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.A!Witional En2ineerin2 Services
SUPPLEMENTAL AGREEMENT NO.2
HIGHLAND AVENUE PLANS REVISIONS
SR 60 (Gulf-to-Bay) to Sunset Point Road
Labor Cost Calculation I
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Hrs. Per Total Billing I
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~ ~ MQIlth ~ ~ Th.ml ~
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Principal 16 2 32 hrs. $125.00 $4,000 1
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Project Manager 16 8 128 hrs. $90.00 $11,520 !
;
Senior Engineer 16 6 96 hrs. $85.00 $8,160
Engineer 16 6 96 hrs. $65.00 $6,240
Technician 16 6 96 hrs. $45.00 $4,320
Clerical 16 6 96 hrs. $35.00 $3.360
ESTIMATED LABOR COSTS $37,600
ESTIMATED EXPENSES @ 150/0 (Rounded) $ 5.600
TOTAL ADDITIONAL ENGINEERING ASSISTANCE ALLOWANCE $43,200
Unit Rates for Home Office Expenses
for Additional Engineering Services
CADD (For Drawing Revisions)
PC Computer (For Design Analysis)
Xerox Copies (8 ~" x 11 ")
Xerox Copies (11" x 17")
Bluelines
$25/hr.
$10Ihr.
10~/copy
20~/copy
$1.001 sheet
C-2
t ... ..' ~ _' --.--_______ ~ --', ~ .
,-f:'...,......
HIGHLAND AVENUE
~ Services f'~e Computation S~
LAB.OR
Hrs. Per Total Billing
~ ~ MQ111h Bours ~ Th1al
Project Engineer 15.5 173 2,680 $601hr . $160,800
Sr. Inspector 15.0 173 2,595 $50/hr. $129,750
Inspector 14.5 173 2,508 $35/hr. $ 87,780
Secretary 15.5 173 2,680 $25/hr $ 67,00Q
SUBTOTALHDRLABOR $445,330
EXPENSES (from attached) ~
TOTAL HDR CEI SERVICES $481,810
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Assumption: Construction will take 14 months. CEI Services will start 0.5 months before construction
contract NTP and 1 month after completion of contract. Total HDR contract period is
estimated at 16 months.
SUBCONSUL T ANTS
Williams and Associates (see attached)
Cumbey & Fair (est. 30 party days @$825/day)
$ 11,075 (allowance)
$ 25,000 (allowance)
C-3
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HIGHLAND AVENUE
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YE.HKL.ES. - (3 required)
Rent/month
Insurance/month
$380.00
$85.00
$465.00
To & From Site
On-site Mileage
441niles
J 2 miles
56 miles/day for 22 days
15 miles/gal. @$1.25 gal. = ~
15
1232 miles/mo.
1J 02.67/mo.
4 oil changes & service per year @ $26 = $.l{M. = $8.67/mo.
12
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VEHICLE SUMMARY
{:.:.
Rent
Insurance
Fuel
Service
$380.00
85.00
102.67
B.&1
$576.34/mo.lvehicle or $576.34 = $0.468/mile
1232
rOT AL VEHICLE COST = $576.34 x 3 veh. :x 15 mo. = $25,945.92
MYS25..95Q
C-4
HIGHLAND AVENUE
EX:fE~SES
EQl]IPME~I
10 month period @ $129/mo =
$1.290
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Troxler Nuclear Gauge - $6200; 4 year life = .$Q2QQ = $129/mo
48
Radios - 5 required @ 25/mo
(5)( 15)($25) =
1J ,875
Level- $600 - 5 year life = i@.Q = $lO/mo
60
14 months @ $1 O/mo =
W2
Office Machines (copier, fax, etc.)
$200/month for 15 mos =
$3,00Q
Office Supplies & Forms
$70/month for 15 months =
1.050
Photo Supplies, Film, Prints, Binders, etc.
Rental $ 1 25/moLJ2} =
2
Software - no charge
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$150/month for 15 months =
$2.250
Computer, IBM P .C.
Hand Tools - no charge
SUBTOTAL
~ 1 O.54~
EXPENSE SUMMARY
Vehicles
Equipment
$25,950
$10.543
$36,493
or $2280/mo
for 16 months
Rounded Total to $36,480
C-5
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Item # 42
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c~'l
Clearwater City Commission
Agenda Cover Memorandum
y~ .......".............".,
...::.:'..:;::::::;..;.:....-:.;:.:::::.;x::;.;:;:::;:.::.:::':.;'.:>'.:.;':.
tern #. :.:?::....:.,/..:j:::::::::::::::((/..:.::..::::..:::.JU)
. ~:.:::::;:.::::::: :::{;~:)\:>::::::;:::.;.:::':.:::;::...: :..:::~:
..............,.....................~......
.....,................................................... ..:..
Meeting Date: 1::11.::!!!!1!!\!~!:::,:::::,}l:\:
SUBJECT:
Land Development Code amendment specifying that density calculations for nursing homes be
computed on the basis of three residents equals one unit, and parking for nursing homes be
provided on the basis of one space per three residents. (LDCA 96-14)
RECOMMENDA TION/MOTION:
Receive proposed code amendment and refer it to City Clerk for advertising for public hearing.
tJ and that the appropriate officials be authorized to execute same.
BACKGROUND:
. The attached ordinance proposes to change the method for calculating density from bed count to
number of persons residing at the facility. It proposes that every three persons residing at the facility
be equal to one unit. In effect, there will be no change to actual density, since the bed count and
resident count will be equal.
. The ordinance also proposes to change the parking formula for nursing homes. Currently, one
parking space is required per three beds. The attached ordinance proposes to change the formula to
one parking space being required per three persons residing within the facility. In effect, there will be
no change to actual parking.
Thi.s ordinance will need to be reviewed by the Planning and Zoning Board and the Development Code
Adjustment Board. The following public hearing schedule is proposed:
BOARD ACTION DATE
CITY COMMISSION RECEIPT & REFERRAL JUNE 20, 1996
PLANNING & ZONING RECOMMENDATION JUL Y 1 6, 1 996
DEVELOPMENT CODE RECOMMENDATION JUL Y 25, 1996
ADJUSTMENT BOARD
CITY COMMISSION FIRST READING AUGUST 15, 1996
CITY COMMISSION SECOND READING SEPTEMBER 5, 1996
Total
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Reviewed by: ....... Originating [)epartrnfjnt:
Legal :t).:ur~;::.::.::(n:.;Af},{/:}(:}:t):~~~ij.~t:p.~i.ffl~#lhg:r/:: ....
Budget .:::::;;;;;:;:;:;:,:;:::;::: N.tA" :;:;;::;:::;::<;:;::':::;: L S
:;;;,:~~:.;~:t:.::::::;. t,. <:-::;::::::::>::;:::::: --;)
:i~~C~8::: .'::l:l:j::::;;;:::;:':'::::~.~.;:.:.:.::l;:l:;:l..l.:::: :.,'lj0::..,f~~i~tl~f~i#i6:g;::...:......:...:....:..:..;..
IS:):::,::(.tt.N./A....tt\HH?
ACM .
Other
Costs:
N/A
Current Fiscal Year
.. .. ..,..... ..... .... ..
, ............... .. ..
................. .....
.. ..........,....
. ...........,..
Funding Source:
o Capital Improvement:
o Operating:
o
Other:
..~~".E1r1i8~d: Not Re'luir~d
.bilte{:" . . .
Submitted by:
J-.-"'~
7*Y- (7-
City M"er
.... ..... "" .
. . . . . . . . . . . . . .. . .... . . . .. .......... ......
..' .... ..... ..... . .... .,'.........,..............
: f)ap"~;..:,,.:< ....::.:::':. :.:.:::
ltf Not Required
Affected Parties:
Notified
li1 Not Required
t\Pprop~iation Coda
Attachments:
.:'6iaff.QfdiHah~:)j/.(U:::::({(::m
o None
o Printed on rocycled paper
QFDINANCE NO.
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 35.11 AND 42.34, CODE OF
ORDINANCES, TO SPECIFY THAT DENSITY
CALCULATIONS FOR NURSING HOMES SHALL BE
COMPUTED ON THE BASIS OF THREE RESIDENTS EQUALS
ONE UNIT, AND PARKING FOR NURSING HOMES SHALL
BE REQUIRED ON THE BASIS OF ONE SPACE PER THREE
PERSONS RESIDING IN THE FACILITY; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
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Section 1. Section 35.11, Code of Ordinances, is amended to read:
Sec. 35.11. Defmitions.
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:
*
*
*
*
*
Nursing home means a health facility where persons are housed and furnished with meals
and continuing nursing care for compensation. For the purpose of computing density of a nursing
home, every three persons residing be6s within the facility at maximum capacity shall be
ooflsidcroo equal to one dwelling unit.
*
*
*
*
*
Sec. 42.34. Parking.
(6) Off street parking spaces.
*
*
*
*
*
(d) Schedule. The following shall be the minimum number of off street parking spaces
required for each land use, activity, building or structure permitted by this
development code. When the determination of the number of required offstreet
parking spaces results in a requirement of a fractional space, any fraction less than
one-half space shall be rounded down to the nearest whole number and any fraction
of one-half space or more shall be rounded up. Parking spaces required on the basis
of building floor area shall apply to gross floor area unless otherwise specified.
Parking spaces required for employees shall be based on the maximum number of
employees on duty or residing, or both, on the premises at anyone time, which
would include any overlap of employees at a change of shift.
1. Residential and lodging uses.
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d. Nursing homes: One parking space per three persons residing within
the facility heEls occupied at maximum capacity.
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.
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PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Gcuvey, Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
Attest:
Leslie Dougall-Sides, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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ORDINANCE NO.
2
C) K ;;( Clearwater City Commission
Agenda Cover Memorandum
Item #: 4-3
Meeting Date:c(. ~ () . cr G
SUBJECT: LOBBYIST SERVICES - JAMES C. MASSIE
RECOMMENDATION/MOTION: Approve the agreement with James C. Massie extending lobbyist
services for the period June 26, 1996 through June 25, 1997, at a cost of $17,549 plus reasonable and
necessary out-of-pocket expenses.
[&) and that the appropriate officials be authorized to execute same.
BACKGROUND: The City entered into an agreement with James C. Massie in June 1981, which
established Mr. Massie as the City's first contract lobbyist. Due to the expiration of the existing
agreement, the attached 1996/97 agreement is presented to the Commission for re-authorization and
execution.
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The 1996/97 agreement reflects only a 2.84% increase in the U.S. Consumer Price Index as measured
from March 1995 to March 1996. In the agreement, $4,387 will be paid out of the 1995/96 budget and
the remaining $13,162 will be paid out of the 1996/97 budget.
Funding for costs in the current year is available in code 010-09700-530100, professional services.
Funding for costs to be incurred after September 30, 1996 will be requested in the 1996/97
recommended budget.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Departme
City Clerk
Costs:
$ 17,549
Total
$ 4,387
Current Fiscal Year
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
User Department:
City Clerk
Submitted by:
Advertised:
Date:
d\ Paper:
[&] Not Required
Funding Source:
o Capitallrnprovement
IXI Operating
o Other:
Attachments:
Appropriation Code
010-09700-530100-513
Proposed Agreement
1U-
City ct.ger
o Printed on recycled paper
Affected Parties
[&] Notified
o Not Required
o None
AGREEMENT FOR STATE GOVERNMENT REPRESENTATION
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THIS AGREEMENT, made and entered into this day of , 1996
by and between the City of Clearwater, a municipal corporation of the State of Florida,
herein called the "City" and James C. Mas<.>ie, Massie & Scott, Attorneys at Law, Post
Office Box 10371, Suite 712, Barnett Bank Building, Tallahassee, Florida 32302,
hereinafter called the "State Counsel."
WITNESSETH
WHEREAS, the City, recognizing the need to maximize its opportunities before the
Florida legislature, the Pinellas County Legislative Delegation, the various State agencies
and the Governor and Cabinet, deems it in the best interest of its citizens to obtain
experienced and knowledgeable professional representation in Tallahassee, Florida, and
WHEREAS, the City has determined that the State Counsel possesses the requisite
background and experience to effectively provide the City with such professional services,
NOW, THEREFORE, the City and the State Counsel, for and in consideration of the
mutual performance of the conditions contained herein, do agree as follows:
1) The State Counsel shall
A) Testify and lobby on behalf of the City before the Florida legislature
during the annual Legislative Session, extended sessions, special sessions,
committee meetings, and Pinellas legislative Delegation meetings.
B) Make presentations on behalf of the City before members of the Cabinet
and their aides.
C) Appear and testify before State administrative agencies on proposed
rules.
D) Review existing and future State policies and programs on an ongoing
basis with particular attention to the manner. in which such policies and
programs affect the City and its citizens.
E) Report regularly to the City by way of correspondence, informational
bulletins, and personal briefings concerning State legislation, rules, policy and
program directions.
F) Provide technical assistance to the City in the interpretation of State
objectives as they may relate to circumstances and conditions unique to the
City.
G) Assist the City in obtaining State permits and grants.
H) Arrange appointments for the Mayor, City Commission, and relevant City
staff with appropriate State officials.
I) Provide office space and secretarial assistance for the Mayor, members of
the City Commission, and other authorized City personnel while they are
temporarily in Tallahassee on official City business.
2) Litigation and formal rule challenges are outside the terms of this Agreement I 1--;
and would be handled, if required, under a separate agreement and separate compensation. ~
3) The City agrees to pay the State Counsel for the performance of the services
listed herein the sum of $17,549 for the period June 26,1996 - June 25,1997, to be paid
in 11 equal monthly payments of $1,462.00 and 1 payment of $1,467.00, due as of the
25th of each month beginning July 25, 1996.
4) In addition, out-of-pocket expenses reasonably and necessarily incurred by the
State Counsel shall be paid by the City. These expenses include, but are not limited to,
travel costs, long distance telephone calls, photocopying and commercial and state
legislative reporting services To the extent possible, the State Counsel agrees to pro-rate
the costs of these out-of-pocket expenses among his other clients.
5) This Agreement shall be reviewed on an annual basis by both the City and the
State Counsel.
6) All services rendered by the State Counsel under this Agreement shall be done
so only with the prior approval of the City Manager or his designee, and all communications
and correspondence shall be directed through the City Manager or his designees.
7) If, through any cause the State Counsel shall fail to fulfill in a timely and proper
manner his obligations under this Agreement, the City shall thereupon have the right to
terminate this Agreement by giving written notice to the State Counsel specifying the
reasons for the termination and specifying the effective date. Any une~rned retainer shall
be returned immediately to the City. This Agreement may be terminated without cause by
either party with thirty days written notice to the other party.
8) The parties hereto reserve the right, subject to mutual assent, to modify the
terms and conditions as necessary and as evidenced by a written formal executed
Addendum to the Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have set their hands and
seals as of the day and year first above written.
Attest:
CITY OF CLEARWATER, FLORIDA
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor
As to correctness and form
City Manager
James C. Massie
i~;--,'
::f:F Y3
CITY MANAGE~K~
James Massie, Lobbyist
Out-af-pocket expenses
Includes costs for copies of bills; share of online legislative bill
access; share of air fare, lodging, meals to attend Pinellas
Legislative Delegation meetings; lobbyist registration - legislative
branch; fax; postage, etc.
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_ _.__ _ ___"_ __ _ ._ _~. ~ w . . . . .
SIDEWALK EASEMENT
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PREPARED BY & RETURN TO:
Earf Barrett, Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, FL 34618-4648
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in band paid to it,
the receipt of which is hereby acknowledged, and tbe benefits to be derived therefrom,
CORNERSTONE COM:M1JNITIES, INC., a Florida corporation
3830 Tampa Road, Suite 200
Palm Harbor, FL 34684
does hereby grant and convey to the CITY OF CLEARWATER, FLORID~ an Easement over, under
and across the following described land, lying and being situate in the County of Pinellas, State of
Florida, to-wit:
See EXHIBIT" A" attached hereto and made a part hereof.
This Easement is for sidewalk purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter the above described
premises and inspect the placement and dimensions of said sidewalks to insure confonnance with City
specifications and thereafter maintain same from time to time; and that,
The GENERAL PUBLIC shall have full and free use of said sidewalk at any time and all times
for traveling purposes.
IN WITNESS WHEREOF, the party hereto has caused these present to be duly executed by
its proper officers thereunto authorized this I b'lll. day of May, 1996.
Signed, sealed and delivered
in the presence of:
~~~
Cornerstone C~mmunities, ~CeA' Jf~
a Flonda corporatlon
, U'..
By: . .~
C. I. Babcock, ill; PresiQe~(:. . "
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BEFORE ME, the undersigned authority. personally appeared C 1. Babcock. ill . who is personally'known'tO me. as
PRESIDENT of CORNERSTONE COMMUNITIES. INC. . on behalf of said corporation, who acknowledged the foregoing instnunc::ot
and severally acknowledged the execution thereof to be his free act and deed as such officer. duly authorized by resolution of the Board
ofDirectols for the uses and pwposes therein mentioned.
{STATE OF FLORIDA}
{COUNfY OF PINELLAS}
. . -.
t...
"
WITNESS my hand and official seal this J toV17 day of MAY A.D.. 19 ~.
~...~Y P"e. Ofl'tClAL NOTARY lEAL
~O <'-0 CHRISTINI II 'AU
a ~ ,.. COMMISSION NUM8U
;..l ~ CC458581
~1- ~ MY COMMISS/ON EXP.
OF f\.O MAY 20 19~9
~~ >U.~
CHRISTINE M. BASS
My Commission Expires: May 20. 1999
NOTARY PUBUC
ofbl~doc:
EXHIBIT "A"
24/04
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Property
24/06
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7
SUNSET
POINT
ROAD
LEGAL DESCRIPTION:
The south ten (1.0.0) feet of the easterly two (2.0) feet of Lot #2, Block 8.
Robinwood Subdivision, as recorded in PLAT BOOK 52, PAGE 99. of the Public.
Records of Pinellos County, Florida.
liOlE.: This is not 0 survey!
Sec.~-l29S-R'6E
Sidewolk Eosement
RMS
5/20/90
~
AFFIDAVIT OF NO LIENS
t(gIP1f
STATE OF FLORIDA
COUNTY or PINELLAS
.
.
.
.
BEFORE ME, the undenigned authority, personally appeared C. I. Babcock, m, as President Of
Cornerstone Communities. Inc., a Florida Corporatio~ who~ being first duly sworn, does depose and
say:
as of June\"~03, 199b
1. Tha~said corporation is the owner of legal and equitable title to the following descnDed
property in PineUas County, F1ori~ to wit:
A PORTION OF ROBINWOOD SUBDMSION, AS RECORDED IN PLAT BOOK
52, PAGE 99, OF TIm PUBUC RECORDS OF PINELLAS COUNlY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS:
mE soum TEN (10.0) FEET OF THE EASTERLY TWO (2.0) FEET OF LOT 2"
IN BLOCK B OF SAID SUBDMSION.
as of June 03, 1996,
2. l11at~d property is now in the possession of the record owner.
3. That there has been no labor perfonned or materials furnished on said property for which
there are unpaid bills for labor or materials against said property, except: NONE
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described, except: NONE
s. That it is hereby warranted that no notice has been received for any public hearing regarding
assessments for improvements by any government, and it is hereby warranted that there are
no unpaid assessments against the above described property for improvements thereto by any
government, whether or not said assessments appear of record.
6. 'That there is no outstanding sewer service charges or assessments payable to any
government
1
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7.
resentations embraced herein are for the purpose of inducing the CITY OF
TER. its agents, successors and assigns to rely thereon.
-
PI2SS'I~
c. I. Babcock, ill
as President of
Cornerstone Communities, Inc.
WITNESS Signature
Print Name RC>BT. E- 5A55
~
Print Name J::!.€'R:i2..1 h€WL~nD'
Sworn to and subscnbed before me this ~ A IJ}) day of -.MM
I 1996.
71lt11 cJO. Jqqq
My Commission Expires
~/11~
Nota Public - State of Florida
~t-~v PU(J. OFFICIAL NOTARY SEAL CHRISTINE M. BASS
o ,., <'..... CHRISTINE II BASS
;" ~ " CO....,..,ON NU"BER
<< . ,.
~ , .~ < CC456581
"'1-- ~ MV COMMISSION EXP.
OF F\.O MAY 20 1999
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EXHIBIT" A"
24/04
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SUNSET
POINT
ROAD
LEGAL DESCRIPTION:
The south ten (10.0) feet of the easterly two (2,0) feet of Lot #2, Block B,
Robinwood Subdivision, os recorded in PLAT BOOK 52, PAGE 99, of the Public
Records of Pinellas County, Florida.
tfQIE: This is not 0 survey!
s.c.~ T29S- R16E
Sldewolk Easement
RMS
5/20/95
. ','.. ... \ I' .. .': ."'" ' . ", I ." . I
'. ' " ' . . ':" ' ". .',', ',. . . , ".,' ,', '. . \.' .
INST " 96-073451
MAR 19, 1996 12:15PM
PINELLAS COUNTY FLA.
OFF.REC.BK 9281 PG 1673
PUBLIC UTILITIES EASEMENT
LIS
;:.: :::~1~2 THIS INDENTURE, made this I~ day of ~j.., . 19 96.
~ ,::Yl:. .--.:.-BETWEEN GTE ~ florida. Ineo . Owner of tbe below described property, party of
.:':...:'!:, :TI.Qjhe first part, and THE CITY OF CLEARWATER, a Political Subdivision oCtbe State of
'. .' . --Florida, party of the second part,
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WITNESSETH, that the said party of the fIrst part, for and in consideration of Q/
'>
~ ---- the swn of One Dollar and Other Good and Valuable considerations to it in hand paid by h
~: I
.t I':' . -- -'1be said party of the second part, the receipt whereof is hereby acknowledged, does_2
'I.wi, ,:. _ :hereby grant and release unto the said party of the second Par\ a perpetual' Utilities ~
.. , . "~O--:Easement over, under, and across the following described property, lying in the County ~
I . I <{6 aT PineUas, Florida, to wit: g
01 n~c~::t!'ltl(t J D
p:{~:9 ~~~ 6 See EXHIBIT' A' attached hereto and made a part hereof. . .
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, ...'.. ....... ~ ...~ .... ....... .. ' . . , " .. - .. >.. ~ '.... ..... .., ~ ,
'. . ... ... ............. .... . .. . .' ~ ...
TO HAVE AND TO HOLD, tbe same unto the party of the second part
forever. And it does covenallt to and with the said party of the second part tbat it is the
lawful owner of the said property; that it is free from all encwnbrances; that it has good
right to grant the Easement as aforesaid. and that it does warrant and will defend the grant
of the said Easement hereby made. unto the said party of the second part, against the
lawful claims and demands of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part hereunto sets its
hand and seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
GTE pf'Florida, Ioc.
I~PPROVE.
flS TO FOR~
"3 -7-~ .i).
AW OEPl
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(Print name): .f;"Nbl4 )L ZA~
BY:~
STATE OF FLO~A }
COUNfY OF .l/.'S 11~~UG/I }
1 HEREBY CERTIFY that on this dlJy personaUy appeared before me, an officer duly authorized to
administer oalhs and take acknowledgments, ,e, 1".4 ~ rt I' H~ J)j rrt.../ who Is (yf personally
known 10 me or l--Jil ' who
executed the foregoing instrument and acknowlerlged before me Utal ~ execuled the same frexly and voluntaril)'
for tlle purposed tllereill expressed. Ik- .5Nc-
WITNESS my 'land nnd official scallhis /3 day of 'I'rJ1A-(l/..,
A.D., 19 ~.
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l1Jy~n.6 In 1]~(.U.,<.1.s
(Name of Acknoll ledger I pcd. pCIIlled or slal1lpcd) "
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My COllll111551011 Expllcs: 11 ~ l! t/!.J ,.'J. /1',7 .;'.~."::,, ~':";"'~~;/'I;.
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INC. PIN~LL^S COUNTY FLA.
OFF.REC.BK 9281 PG 1674
Scction-5-. Township29-Soulh, Rangc.J...fLEasl.
I THIS IS NOT A SURVEYI
Sheet -Lor -L
Scale: 1. ... 60 I Job No. 1039
Bearings ore based upon: North R/W 11 ne of
The SOUI'ce of .hl. description Is 01 lollollll' Prepared by
documents.
Pinellas County, Florida
Sunset Point Road being N6~o27'55"W.
this firm based upon recorded
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Description: Sewer Easc~ent - GTE property
Deing the northerly and westerly ten (10) feet or that portion of
the property d~Bcribod in OfficIal Records Book 4591 on pags 1109
of the public Records o~ Pinellas County, Florida that is not
included in the plat o~ TilE r:LKS as recorded in Plat Book 95 on
page 90 of the Public Records of pinella. County, Florida and being
that property lyin9 five (5) feet on each side of the following
described centerline:
Co..ence at the northeasterly corner of said property described in
Official Records Book 4597 on page 1109 of the Public Records o~
Pinellas County, Florida; thence 831-32'16-8, along the easterly
line of said property, for 5.90 feet to the POINT OF BEGINNING (the
side lines of this description to be lengthened or shortened to
ter_inata at their intersection with said eanterly line); thence
N89-21'55"W, along a line 5.00 Ceet South oC and parallel to the
North line of said described property for 249.97 Ceet; thence
SOO.32'05"W, along a line 5.00 feet East of and parallel to the
East line of the South 200.00 feet of aforesaid platted property,
(or 195.00 feet to a point on the North right-or-way line of Sunset
Point Road (being a right-of-w~y of varying width) to the POINT OF
TERMINATION (the side lines of this ease~ent to be lengthened or
shortened to terlllinate at their intersection with said right-or-way
line which bears N89.27'55"W and is the basis of bearings of this
description).
_ Point of co...nc._.nt
- Point or a~lnnl"9
_ Point or T.ralnatlon
- Rlqht-ot-Way Ll~
_ otticlal Recorda Book
- Plat llook
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OEING A SKE1CH AND DESCRIPTlOI-l OF:
SEWER EASEMENT GTE PROPERTY
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lit,. llllnimurn l('chnical standards "!l set fo,lh by ("C
f1Nido UC'ord 01 I'raf('ssional Land Sur~o)'ors in Chc;~l~~
61 GI7 -6. florida Admlnlslrallve Code. pursuant 10
Section 02.027. florlda Statulcs
S~clch and Dcscrlption nat valid unless sil/ned
lind D~'d"')Or" SOD'
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P.o. BOX 10767 · CLEARWATER, Fl 34617.87
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elebrate America
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COPIES TO:
COMMISSION
JUN 03 1996
Dear, Betty Deptula, Mayor, City Commissioners
PRt:SS
CLERK I ATTORNEY
Clearwater Festivals is the non-profit organization of
communi ty volunteers who co-sponsorship of the Ci ty of
Clearwater produced last years multi-day 4th of July "Celebrate
America Event" in Coachman Park. Since Clearwater Festivals took
over the production of the 4th of July in 1991, the event as
become the premier 4 th of July acti vi ty in the Tampa Bay Are.
Prior to 1991 the 4th of July activi ties amounted to
entertainment from 7:00pm-9:00pm on the 4th with a small
fireworks show. Last year the event covered three days with 31
hours of entertainment, garnes, information booths, patriotic
salutes, food booths by many area restaurants and the largest
fireworks in Clearwater's history.
The City received many complimentary letters and phone calls,
as well as letters to the newspapers editorial section, thanking
all for the very special 4th of July celebration. Some of the
phone calls from city residents referenced the fact that for
many years prior to 1991 that they had left Clearwater to attend
St. Petersburg's or Tampa's Celebration because it was larger
and offered more activities and nice to know that Clearwater was
celebrating the 4th in a major way and that it's residents
appreciated the effort. We also have documentation that our
event brings in people from around the state and outside the
state who stay in Clearwater hotels and spend money in
Clearwater because of the quality of our event.
Last year the fireworks show cost $24,000 and the rest of the
event cost another $60,000 for a total of $84,000. The City's
contribution towards the fireworks show was $10,000. This is the
same amount that it has contributed for the many years. The
remainder of the money for the additional fireworks and the
money for the balance of the event was raised through sponsor
dollars, vendor fees, concessions and year-a-round fundraising.
Plans are under way to once again have a fantastic 1996 4th of
July Celebration for the City. We are soliciting sponsors,
planning entertainment etc.
Lf~
In order to help off-set rising costs for insurance and
fireworks we would like to request from the Cit~ that an
addi tional amount of $2, 000 for this years 1996 4 h of July
Celebration and for $4,000 additional to be budgeted for budget
year 96/97 towards 1997' s 4th of July Fireworks. This would
bring the cities cash contribution to $12,000 for 1996 and
$14,000 for the 1997 fireworks budget.
These amounts will be matcped with sponsor raised dollars to
give pUblic/private funding ratio of SO/50 % for the fireworks
portion ($28,000 budget) for the 1997 event and a overall ratio
of 25%/75% for the entire event in 1997, based on a $84,000
budget. The 25% includes approximately $7,000 in- kind services
from the city towards the event. We will continue to fund the
rest of the event with sponsor dollars, donations, concessions,
vendor fees etc.
For your information please find data showing the percentage
of money contributed by the City to the 4th of July over the
past few years and what it would be if you granted our request
for $2, 000 in additional funds for this year and budgeted an
increase of $4,000 for next year. Also enclosed is a listing of
other cities in the area and their contributions to their 4th of
July Celebrations in 1996.
Year Firework Cost. City $ Clw Fest $ % Ci ty $
.It.,
1975-87 $ 4,620 $ 4,620 0 100
1988 $ 4,620 $ 4,620 0 100
1989 $ 4,620 $ 4,620 0 100
1990* $ 7,620 $ 4,620 $ 3,000 * 60
1991 $15,000 $ 4,620 $10,390 30
1992 $17,500 $ 7,430 $10,070 42
1993 $20,000 $10,000 $10,000 50
1994 $26,000 $10,000 $16,000 38
1995 $26,000 $10,000 $16,000 38
1996 $28,000 $10,000 $18,000 36
1996** $28,000 $12,000 $16,000 43
1997*** $28,000 $14,000 $14,000 50
* Clearwater Festivals was not involved in the event but
did raise $3,000 from Pepsi & the Tampa Tribune for the 4th.
** Proposed additional $2,000 in funds for 1996
*** Proposed budget increase of $4,000 for 1997
Lf~
1996 OTHER CITIES 4TH or JULY FIREWORK CONTRIBUTIONS
CITY
FIREWORK COST
CITY $
SPONSORS
Largo
Maderia Beach
Safety Harbor
St. Petersburg
Clearwater
$12,000
$11,000
$10,500
$32,000
$28,000
$ 12,000
$ 11,000
$ 10,500
$ 22,000
$ 10,000
o
o
o
$10,000
$18,000
We appreciate your time in reviewing this request. With the
additional City contribution for fireworks we will be able to
continue to fund and maintain the rest of the event at the same
high quality level.
.
We will be happy to answer any questions on the 4th of July
Celebration that you may have. Thanks again for your support in
the past and we hope you get a chance to attend this years
festivities.
;
!
:
;:
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Terry A. Schmidt
Chairman, Clearwater Festivals
~ ~.,\,~
Chris Marscher
Treasurer, Clearwater Festivals
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47
Clearwater City Commission
Agenda Cover Memorandum
Item #:
Meeting Date:
6/20/96
SUBJECT: Length of initial terms of City Commission appointees to the Pension Advisory Committee
RECOMMENDA TION/MOTION: Designate the initial term of Mayor Garvey to the PAC as a one year term
and the initial terms of Commissioners Clark and Johnson as two year terms
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Soction 2.394 of Ordinance #5890-95 (Employees' Pension Plan) provides there shall be a Pension
Advisory Committee (PAC) comprised of seven members. Three are elected by employees who are
active plan participants; three are City Commissioners or appointees of the City Commission; and, the
seventh member is appointed by the other six members.
Section 2.394 (d)(3) specifies that "Terms of office of City Commission appointed members shall overlap,
with two of the members to be initially appointed for two years and the third member to be initially
appointed for one year."
On April 4, 1996, the Commission appointed Mayor Garvey and Commissioners Clark and Johnson as its
representatives to the PAC. The appointment did not designate which of the three appointees would
have an initial term of one year.
The Commission needs to indicate, of these initial appointments, which member is to serve the one year
term and which members serve the two year terms. (All subsequent terms shall be for two years).
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
City Clerk
Commission Action:
o Approvod
[1 Approvol! with Conditions
o OOlliocJ
o COlltlllllOd to:
Costs:
NA
Totol
NA
NA
NA
NA
NA
User Department:
Currnnt Fmcn\ Y nnr
Funding Source:
o Capital Improvomont
o Operating
o Other:
Attnchmonts:
NA
Advertised:
Date:
Paper:
~ Not Required
Appropriation Codo
Submitted by:
a-f~'
City ~ager
o Printed on recycled paper
Affected Parties
o Notified
t!51 Not Required
~ NOllo
,:",.1,
Clearwater City Commission
Agenda Cover Memorandum
Item #:
Lff
;
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Meeting Date:
6/20/96
SUBJECT: Voting delegate for Florida League of Cities
RECOMMENDA TIOI\J/MOTION: Appoint Mayor Garvey as FLC voting delegate
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt,
IS
ACM
Other
NA
NA
NA
NA
NA
Originating Department:
City Clerk
Costs:
NA
Total
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
User Department:
Current Fiscal Year
NA
Advertised:
Date:
Paper:
~ Not Required
Funding Source:
o Capital Improvement
o Operating
o Other:
Attachments:
Submitted by:
Appropriation Code
M'7~
ct4 Manager
o Printed on recycled paper
Affected Parties
o Notified
181 Not Required
it None
~-- ,N 3
Clearwater City Commission
Agenda Cover Melnorandunl
yel
I
Item #:
.. ,."......... .
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Meeting Date:
........'..
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SUBJECT:
Ordinance reducing easement on East Avenue for Pinellas County Trail construction.
RECOMMENDATION/MOTION:
Pass Ordinance #6054-96, on first reading, reducing the easement originally granted by the City of Clearwater in Ordinance 116,
to the successor of The Tampa & Gulf Coast Railroad, CSX Transportation Incorporated and approve the Agreement between
Pinellas County and the City,
00 and that the appropriate officials be authorized to execute same.
BACKGROUND:
. Ordinance 116 granted the Tampa & Gulf Coast Railroad, predecessor of CSX Transportation, Inc., a
thirty-six foot easement on East Avenue and on other contiguous properties owned by the City for
placement of track and support structures.
. An agreement between the City of Clearwater and Pinellas County for the construction of a 1.5 mile
section of the Trail between Belleview Boulevard and Drew Street will utilize the western right-of-way on
East Avenue between the intersections of Druid Road and Drew Street.
. In developing engineering drawings for this segment of the Trail, the County Engineering Department found
that the existing right-of-way located between the railroad easement which runs down the center of the
roadway, and the western right-of-way line, lacked 6 inches of the necessary width to allow for
construction of the Trail and maintain two-way traffic flow on East Avenue.
. The City Attorney's Office has now reached an agreement with CSX Transportation, Inc. for the reduction
of the original easement by 6 inches. This will allow construction of the Trail to proceed. This reduction is
conditioned upon the enactment of this ordinance as required by CSX Transportation, Inc.
Costs:
Commission Action:
N/A 0 Approved
Total 0 Approved w/Conditions
o Denied
Current Fiscal Year 0 Continued to:
Submitted by:
City Malt L}V
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capital
Improvement:
o
Operating:
o
Other:
Attachments:
County/City Pinellas Trail
Agreement
Ordinance No. 6064.96
Appropriation Code
1-
o None
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Q Printed on recycled paper
~~. "., ..., "..", .
PINELLAS COUNTY GOVERNMENT IS COMMITIED TO PROGRESSIVE PUBLIC POLICY. SUPERIOR
PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND
SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR
CITIZENS TODAY AND TOMORROW
II AGREEMENT
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BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER
FOR THE PINELLAS TRAIL AND SIDEWALK CONSTRUCTION
FROM BELLEVIEW BOULEVARD TO JONES STREET
PID NO. 921779
CONTRACT NO. 94036
AGREEMENT PREPARED BY
PINELLAS COUNTY DEPARTMENT OF PUBLIC WORKS
engze07/ialpetrai ie
Page 1
5-31-96/JKC
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AGREEMENT
BETWEEN PINELLAS COUNTY AND THE (AGENT)
SECTION 1
INTENT OF AGREEMENT
THIS AGREEMENT, made and entered into on the
day
of
19 _' by and between Pinellas County, a political subdivision ofthe
State of Florida, hereinafter referred to as the COUNTY, and the City of Clearwater, a Municipal
Corporation of the State of Florida, hereinafter called the CITY.
WITNESSETH, That:
WHEREAS, this Agreement is made and entered between the parties pursuant to Section
163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," and
WHEREAS, the COUNTY within its adopted Capital Improvement Programs plans to
construct the Pinellas Trail and Sidewalk from Belleview Boulevard to Jones Street, hereinafter referred to
as the "Project".
WHEREAS, the CITY supports the COUNTY in implementing the Pinellas Trail through
the CITY of CLEARWATER for the benefits of all citizens of and visitors to Pinellas County.
WHEREAS, the COUNTY and the CITY desire to coordinate and cooperate in their efforts
to facilitate construction of the improvements.
WHEREAS, the COUNTY acquired all property for the construction of the Pinellas Trail
required in the agreement, other than property owned by the CITY.
engze07/ia/pctrailc
Page 2
5-3 1-96/JKC
NOW THEREFORE, the COUNTY and the CITY in consideration of the mutual promises
contained hercin, and for other good and valuablc consideration, receipt of which is hercby acknowledged
by all parties, it is hereby agreed by and bctwecn the partics as follows:
SECTION 2
SERVICES TO BE PROVIDED BY THE COUNTY
1. The COUNTY will have prepared, at its expense, the design and the construction plans with
specifications for the PROJECT. The COUNTY will furnish construction documents to the CI1Y
prior to the PROJECT advertising date.
2. The COUNTY will provide maintenance (mowing grass, pavement repairs, erosion
protection, etc.) on the PROJECT within limits as shown on the attached Exhibit "An including the
section identified in Section 3.6 and Section 4.2.
3. The COUNTY will adjust existing City Utilities on the ground surface such as Manhole
Rims, and Valve Covers.
4 The County, through CSX Transportation, will rclocate any CSX Transportation signals,
communication devices an~ rail support facilities within the traveled portion of the proposed trail and
depict that on the fmal revised trail plans, This agreement will not alter either party's responsibilities
regarding costs of maintenance on the CSX Transportation signals, communication devices and rail
support facilities.
5. The County will erect certain barricades or handrail protection (yellow or some other highly
visible color) around certain CSX Transportation designated facilities, to prevent bicycle collisions
and to discourage pedestrian vandalism.
6. The County will provide to CSX Transportation the final trail plans signed and sealed by a
Florida P.E. for approval.
SECTION 3
SERVICES TO BE PROVIDED BY THE CITY
1. The CIlY, for the purpose of construction, grants the use of Druid Road, East A venue and
all other city streets that intersect the PROJECT.
2. The CITY hereby adopts the PROJECT route, as shown on Exhibit "A".
3. The CITY accepts that the PROJECT will require the loss of street parking along with
restricting some current use of the existing street right-of-way and will be responsible for enforcing
any restrictions.
4. The CITY agrees not to take any action, physical or otherwise, that interferes with the
implementation, construction, operation or maintenance of the PROJECT.
cngze07/ia/pctrailc
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.,' . ..' I . . '. > . . . '. .....
S. The CITY will enforce City Code Section 32.037 Right of Regulation for the relocation or
adjustment of any utility within the City street right-of-way.
6. The CITY will construct the segment of the PROJECT on the west side of East Avenue
between Franklin Street and Park Street. Pine lias County will review and accept design and
construction.
7. The CITY will maintain any current and future traffic regulatory signs and signals along the
Project after acceptance of the project as complete by the Board of County Commissioners.
8. The CITY will adjust CITY owned and operated underground utilities, water meters, gas
meters at CITY expense for the project.
9. The CITY will review and accept construction plans and specifications and approve signs
and signals, including relocation of railroad signs and control facilities, which acceptance and
approval shall not be unreasonably withheld.
10. The CITY will be responsible for law enforcement at all times.
SECTION 4
PROJECT FUNDING
1.
The COUNTY will fund the Design, and Construction of the Project, excluding No.2
below.
2. The CIlY will fund the Design and Construction of the segment of the Project on the west
side of East A venue between Franklin Street and Park Street
3. The parties shall adhere to the following provision: "The COUNTY and the CITY, during
any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
tenns, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. Nothing herein contained
shall prevent the making of a contract for periods exceeding 1 year, but any contract so made shall
be executory only for the value of the services to be rendered or agreed to be paid for in succeeding
fiscal years".
SECTION 5
GENERAL PROVISIONS
During construction of the improvements the COUNTY shall reserve the right to make all
fmal engineering judgements and decisions necessary to insure timely completion of the construction
and avoid delays which could affect the construction contract schedule.
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5-31-96/JKC
SECTION 6
TERMINATION OF AGREEMENT
1. This Agreement may be terminated by either party upon thirty (30) days written notice if
conditions arise. such as lack of available funding. that dictates that it is in the public interest to
terminate.
2. This document embodies the whole agreement of the parties. There are no promises. tenns,
conditions or allegations other than those contained herein and this document shall supersede all
previous communications, representations and/or agreements, whether written or verbal, between the
parties hereto. This Agreement may be modified only in writing executed by all parties.
SECTION 7
OFFICIAL NOTICE
All notices required by law and by this Agreement to be given by one (1) party to the other
shall be in writing and shall be sent to the following respective addresses:
1. COUNTY: 315 Court Street. Clearwater. FL 34616
Att: Director of Public Works
Title
2.
CITY:
PO Box 4748. Cleanvater. FL 34618
Att: City Manager
Title
SECTION 8
GOVERNING LAW AND DOCUMENT EXECUTION
1. This Agreement shall be binding upon the parties, their successors. assigns and legal
representatives.
2. This agreement shall be governed, interpreted and construed according to the laws of the
State of Florida.
3. Ifany part of this agreement shall be determined to be invalid or unenforceable by a court
of competent jurisdiction, the remainder of this AGREEMENT shall remain in full force and effect,
provided that the part of this AGREEMENT thus invalidated or declared unenforceable is not matelial
to the extended operation of this AGREEMENT.
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Agreement Between Pinellas County and the City of Clearwater
For The Pinellas Trail and Sidewalk Construction
From Bellevicw Boulevard to Jones Street
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their
duly authorized officers, and their official seals hereto affixed, the day and year frrst above
written.
CITY OF CLEARWATER, a Municipal
Corporation of the State of Florida
PlNELLAS COUNTY, a political subdivision of
the State of Florida
By:
By:
'o'
.' .
Elizabeth M. Deptula
City Manager
Date
Chainnan
COUNTERSIGNED:
ATTEST:
1:.
KarIeen F. De Blaker, Clerk
,
By:
By:
Rita Garvey
Mayor-Commissioner
Date
A TrEST:
APPROVED AS TO FORM:
By:
Cynthia E. Goudeau
City Clerk
County Attorney
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
BY:~~ - -
John Carassas
Assistant City Attorney
engze07/ialpctrailc
Page 6
5-31-96/JKC
'{
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REDUCING THE EASEMENT GRANTED BY
CITY OF CLEARWATER ORDINANCE 116; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, CSX Transportation, Inc., through its predecessor in interest, Tampa
& Gulf Coast Railroad, was granted a thirty-six foot (36') easement for the construction,
operation and use of railroad tracks over and across City property as described in City
of Clearwater Ordinance 116; and
WHEREAS, City and CSX Transportation, Inc. do hereby agree to reduce the
easement to thirty-five and one-half feet (35.5'); now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
.s.e~ The easement area granted to CSX Transportation, Inc. from the City
of Clearwater is hereby confirmed and reduced to a total width of thirty-five and one-half
feet (35.5'), all in Section 16, Township 29 South, Range 15 East, with the west side of
such easement being measured as seventeen and one-half feet (17.5') from the
centerline of the existing railroad tracks on East Avenue between Drew Street and
Druid Road, as further described in Exhibit A, attached hereto and incorporated herein;
and the east side of said easement being measured as eighteen feet (18') from the
centerline of said tracks, all of which lies within the existing road right-of-way.
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~ The City Clerk is hereby directed to record this ordinance and Exhibit
A in the public records of Pine lias County, Florida.
~ 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:
~~-
--:-
John Carassas, Asst. City Atty.
Attest:
.,
Cynthia E. Goudeau, City Clerk
Ordinance No. 6054-96
PINELLAS COUNTY PUBLIC WORKS
LAND SURVEY DMSION
22211 U.S. HIGHWAY 19 N.
CLEARWATER, FLORIDA 34625-2347
SECTION(S) 16 I TOWNSHIP 29 SOUTH, RANGE 15 EAST
Additions Of deletion, by other tMn the Professionol lond Surveyor in responsible c;hofl~e is prohibited.
lond Description is invalid without s;Qnoture ond/or embossed seal of the Profossionol land Surveyor
DESCRIPTION
A strip. lying within 17.5 ft. west of the following described centerline
of the existing CSX Transportation railroad tracks along East Avenue
(a.k.a. East Street) in Section 16, Township 29 South, Range 15 East,
PineHas County, Florida, being bounded on the south by the South line
of the Northeast 1/4 of the Southeast 1/4 of said Section 16, and
bounded on the North by the easterly prolongation of the South line of
JONES SUBD. OF NICHOLSON ADDITION TO CLEARWATER, according to plat
thereof, as recorded in Plat Book 4, Page 82, public records of Hillsborough
County, Florida, of which Pinellas County was formerly a part:
Commencing at the East 1/4 Corner of said Section 16, run
S OO'03'06"W along the East line of the Southeast 1/4 of
said Section 16, for a distance of 1328.82 ft. to the
Southeast corner of the Northeast 1/4 of said Southeast 1/4
of Section 16; thence N 89'OO'56"W along the South line
thereof, for a distance of 363.45 ft. to a point on the
centerline of said .railroad tracks for a POINT OF BEGINNING;
thence N 04056-18"E along said centerline, for a distance
of 221.81 ft. to a Point of Curvature; lhence northwardly,
490.97 ft. along said centerline, the same being the arc
of a curve, concave to the west, having a radius of
5729.58 ft., through a central angle of 04.54'35" _ a
chord of N 02.29'01"E, 490.82 ft. to a Point of Tangency;
thence N OO'Ol-43"E along said centerline, for a distance.
of 3278.01 ft. to a Point of Intersection with the easterly
prolongation of said South line of JONES SUBD. OF NICHOLSON
ADDITION TO CLEARWATER and the POINT OF ENDING.
BASIS OF BEARINGS: Bearings indicated are Grid North.
EXHIBIT A
SHEET 1 OF 3
Parcel No.: 107-R
Ordinance No. 6054-96
SHEET 3 OF 3
PINELLAS COUNTY PUBLIC WORKS
LAND SURVEY DMSION
22211 U.S. HIGHWAY 19 N.
CLEARWATER, FLORIDA .34625-2347
SECTION(S) 16 I TOWNSHIP 29 SOUTH. RANGE 15 EAST
Mditions or deletions by other Ihon Ihe Professional Land Sur~eyor in responsible chorge is prohibited.
Land Description is invalid without siQnoture and/or embossed seal of the Profelllionol Land Surveyor
MATCH LINE SEE
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EXHIBIT
SHEET 2 OF 3
A
SKETCH--NOT A SURVEY
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SCALE (feet)
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100
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POINT or
COMMENCEMENT
EAST 1/4 COR. OF
SEC 16-29-15
CENTERLINE or
EXISTING RAilROAD
CENTERLINE CURVE DATA
RADIUS = 5729.58
ARC LENGTH = 490.97'
DELTA ANGLE = 04.54'35"
TANGENT = 245.63'
CHORD = N 02"29'01"E
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NE 1/4 OF THE SE 1/4
OF SEe 16-29-15
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Parcel No.: 107-R
Ordinance No. 6054-96
SKETCH--NOT A SURVEY
PtNELLAS COUNTY PUBLIC WORKS
LAND SURVEY DIVISION
22211 U.S. HIGHWAY 19 N.
CLEARWATER. FLORIDA .34625-2347
SECTION(S) 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST
Additions or deletions by olher \hon the Profe"ionol Lend Su~eyor in rnponSlble charge is prohibited.
Lond Oncriplion is invalid without signature and! or embossed seol of the Professional Land Surveyor
I
JONES SUBDIVISION OF
NICHOLSON ADDITION TO
CLEARWATER BLOCK 7, 8. 9 AND 10
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MATCH
lINE(SEE SHEET 2 OF 3)
CHECKED BY:
C.N.
and
CAlCUlATEO BY:
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5...N.:
592!CLW
CHARLES R. NORWOO . LAND
STATE OF FLORIDA. PHONE
EXHIBIT
SHEET 3 OF 3
A
Parcel No.: 107-R
Ordinance No. 6054-96
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Item # 50
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CLEAR\VATER CITY COMl\'JlSSION
Agenda Cover Memorandum
c::: 0 Item #
o Meeling Date
~. dC" 1: 0
SUBJECT: Refurbish Aircraft Hangar A - Resolution #96-42
RECOMMENDA TIONIMOTION: Adopt Resolution # 96-42 authorizing the execution of a Joint Participation
Agreement between the City ofCleanvater and the State of Florida Department of transportation, to Refurbish
Aircraft Hangar 4; A' at Clearwater Airpark,
I X I and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Florida Department of Transportation (FDOT) has agreed to provide 500/0 reimbursable funding for the
refurbishment of Hangar "A" at Clearwater Airpark 1000 North Hercules Avenue. This project is estimated to
cost $100,000.00. The City must pay for the project up front and then be reimbursed by FDOT up to a limit of
50% of the total construction cost ($100,000.00). FDOT, in order to provide funding on a timely basis, has
programmed $50,000.00 in the State's FY 95/96 budget which ends June 30, 1996. The execution of this JPA
obligates FY 95/96 funds and initiates the project.
· Hangar "A", is an existing 10 bay enclosed airplane T-Hangar in need of repair. The doors and roof are in
very bad condition. The City Fire department has noted violations which will be corrected by the
refurbishment. In addition, the refurbishment of Hangar "A" will compliment the previously refurbished
Shade Hangars as well as the new airplane hangars the City proposes to construct as soon as possible.
· The Refurbishment of Aircraft Hangar "A" was addressed in the Airpark Business Plan that was approved by
the City Commission February 27,1995 and is again programmed in the Clearwater Airpark Business Plan FY
96/97 to FY 2000/01.
· Approval of this Joint Participation Agreement (JPA) sets up the mechanism for 500/0 reimbursement of project
cost by the State. It does not constitute Commission approval of the project. Bids will be solicited and
Commission approval of the project sought according to standard City procedures.
Reviewed by:
O~91naiJng Dept.
1
E. . S' /
nglnoenng ONlCCS Ii I
, ,
Costs: N/A
Commission Actlon
Legal ge
(Current FYI
Approved
Budget
N/A
Usor Dept. I
C
Engineering Servlcel
".
Funding Source:
Approved
w/conditions
Purchasing
N/A
Capt. Imp.
Denied
Risk Mgmt.
N/A
Advertised:
Operating
Cont'd to
IS N/A
ACM . ~,p
i!{(/
ENG.
I; 1
OTHER I I
Dnte:
Other
Paper:
Not required: N/A
,
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Affecttld pnrties
notified
Approprilltion Codelsl
Attechmonts:
Subll1itled By:
aty M"".'!3r
Resolution 196.42
Not l1oquirod
N/A
Joint Pnrticipntion Agreement
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
FROM:
.Rich Baler, City Engineer
John Carassas, Asst. City Attome~
TO:
COPY:
SUBJECT: Resolution 96-42 - Refurbish Aircraft Hangar A
DATE: May 10, 1996
Enclosed please find Resolution 96-42 as required by the DOT for Joint Participation
Agreement WPI 7826673. Please prepare an agenda item for City Commission approval of the
~ JPA and resolution.
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A RESOLUTION OF THE CllY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A
JOINT PARTICIPATION AGREEMENT BETWEEN
THE CllY OF CLEARWATER AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION,
TO REFURBISH AIRCRAFT HANGAR 'A' AT
CLEARWATER AIRPARK; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the construction of improvements at the Clearwater Airpark is
necessary to the safe, efficient and economically sound operation of the
Clearwater Airpark; and
WHEREAS, Hangar -A- needs to be refurbished, anct the City
Commission of the City of Clearwater desires to enter into a Joint Participation
Agreement with the State of Florida Department of Transportation for state
participation in the cost of the refurbishing Hangar -A;- and
WHEREAS, the State of Florida Department of Transportation is prepared
to assist in the improvements under Joint Participation Agreement WPI 7826673,
Job No. 15007 -3880, a copy of which is attached hereto as Exhibit A; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
~ The City Commission hereby accepts and approves the Joint
Participation Agreement between the City and the State of Florida Department of
Transportation, WPI No. 7826673, Job No. 15007-3880, for the refurbishing of
Hangar -A. at the Clearwater Airpark, and authorizes the City Manager to
execute the agreement.
;
,.
~ This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1996.
Rita Garvey, Mayor-Commissioner
Approved as to fonn
and legal sufficiency:
~~o<=
J ~ Carassas, Asst. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Resolution No. 96-42
JTATB Of PLOIUDA DBPART'MBHT Of TMNSrOItTATIOH
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
POIW r.zs.cDNi
PUaJC TaAJGP ADID
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WPI No: 7R2&i71
Fund: 010
Function: 617
Federal No:
Contract No: A 02fi1
SAMAS Approp: ()RR71Q
SAMAS Obj.: 7QOOO7
Org. Code: ~~..on1t
Vendor No.: F.5Q6llOO1.RQ0()2
Job No: l~nm-~RRO
THIS AGREEMENT, made and entered into this
day of
, 19
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT AnON, an agency of the State of Florida,
hereinafter referred to as the Department, and CITY OF CLRARWATF..R, POBOX 47~, ~I.RARWATRR.f PT.()RIDA
3461 R-474R
hereinafter referred to as the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in aU areas of appropriate
juri~ction including the implementation of an integrated and balanced transportation system and is authorized under
~HAPTFR 312 006(6)F S , Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: nle purpose of this Agreement is to include: refurbish aircraft hangar · ~. .
and as further described in Exhibit(s) A,B,l\O ~rVI F attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will
be undertaken and completed.
EXHIBIT A
PORM ~
PUIUC TIAMIP ADMJI
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"2"11
2.00 AttOI11pllshment or the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A-
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
ootice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement
or to undertake the project hereunder t or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, aU actioDS necessary with respect to any such matters so requisite.
2.30 Funds of the Agency: The ~ shall initiate and prosecu1e to completion aU proceedings necessary including
federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Subf11kgon or Proceedings, Contracts and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in
Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 100,000 00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency
agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the
project in the amount of $ sO,roo 00 as detailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B- , whichever is less.
4.10 Project Ca;t FJigibility: Project rosts eligible for State participation will be allowed only from the effective date
of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and aU other terms of this
Agreement;
(d) . Department approval of the project scope and budget (Exhibits A &. B) at the time appropriation authority
becomes available.
4.20 Front End Fwlding: Front end funding (XX) (Is DOt) applicable. If applicable, the Department may initially pay
100% of the total ~ incurred project costs up t> an amount equal *> its total share of participation as shown in paragraph
4.00.
5.00 Retainage: Retainage (XX) (is DOt) applicable. If applicable, _N/A percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
-
6.10 1be Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The
Ageocy shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project
funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective
unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the
Department Comptroller.
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6.20 Payment Provisions: UnJe$S ocherwise allowed under paragraph 4.20, payment will begin in the year the project
or project phase is scheduled in the work program as of the date of 1be agreement. Payment will be made for actual costs
incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance or AttOUntlng Reoords: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local
Govemmencs- , separate accounts k> be maintained within its existing accounting S)'*m or establish independent accounts. Such
accounts are referred to herein coUectively as the "project account". Documentation of the project account shaD be made
available to the Department upon request any time during the period of the Agreement and for five years after final payment
is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
a~ and deposit in a bank or tn.9 coIJllmlY which is a member of the Federal Deposit Insurance Corporation, all payments
received by it from the Department pursuant to this Agreement and aD other funds provided for, accruing to, or oIherwise
received on acoount oftbe project, which Department payments and other funds are herein collectively referred to as .project
funds-. The Agency shall require depositories of project funds to secure continuously and fully aU project funds in excess of
the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by
the Department, by the deposit or setting aside of collateral of the types and in the I1Uinner as prescribed by State Law for the
security of public funds, or as approved by the Department
7.30 Ca;ts Incurred for the Project: The Agency shall charge m the project account aU eligible costs of the project.
Costs in excess of the latest approved budget or attributable to actions which have DOt received the required approval of the
Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed
by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers
evidencing in proper detail the nature and propriety of the charges.
7.50 Olecks, Orders, and Voudters: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file
in the office of the Ageocy stating in proper detail the purpose for which such cbeck or order is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be
clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audit Reports: The Agency sball provide to the Department for each of its fiscal years for which the project
account remains open, two audit ~ prepared either by its official auditor or audit agency or an independent certified public
accountant, reflecting the use of the funds of the Department, the Agerx::y, and those from any other source with respect to the
project. Audits shan be performed in accordance with generaUy accepted government auditing standards contained in the
-Standards for Audit of Governmental Organizations, Programs, Activities and Functions", issued by the U. S. General
Accounting Office and OMB Circulares A-I28 or A-133 where applicable. The Agency shall require its auditors to include
in their report a schedule of project assistance as described in Exhibit · A., Special Considerations.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency bas and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,
the Agerxy shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost
equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
. . . ... '.- - .-..
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POlM 72S<<JNI
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Department may waive or modify this section with an Exhibit .C..
8.00 Requisitions and Payments:
8.10 Action by the A&encY: In order to obtain any Department funds, the Agency shall file with the Department of
Transportation, District ~vp-n Public Transportation Office Tampa Florida, 3~12 hi
requisition on a fonn or forms prescribed by the Department, and other data pertaining to the project account (as defined in
paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compemation for services or expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be ~mitted in accordance widt Olapter 112.061, F.S. The Departme8t
may establish rates lower than the maximum provided in Chapter 112.061, Florida Statu1eS.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency bas acquired said real property, and actual
consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property together
with any aueoJant relocation of occupants was accomplisbed in compliance with aU federal laws, rules
aOO procedures required by any federal oversight agency and with all state laws, roles and procedures
that may apply to the Agency acquiring the real property.
8.20 1be Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions
in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the
eligible costs. However, notwithstancfillg 3Irj other provision of this Agreement, the Department may elect by ootice in writing
DOt to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendmPJJt thereof, or in or with respect to any document or data furnished therewith or p~
hereto;
8.22 Litigation: There is Chen pendine litigation with respect to the pecformance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or bas made related expenditures or incurred related obligatiOllS
without having been advised by the Department that same are approved;
8.24 Conf1id or Inten:sfs: There has been any violation of the conflict of interest provisions contained herein; or
8.25 Default: The Agm;y has been determined by the Department to be in default under any of the provisions <<
the Agreement.
8.26 Federal Participation (If Appliable): Any federal agency providing federal financial assistance to the project
suspends or terminates federal financial ~ce to the project. In the event of suspension or termination of federal financial
assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved
budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have
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not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant k> this agreement, the Department may offset such amount from payments due for
v.uk Of services done under any public transportation joint participation agreement which it bas with the Agency owing such
amount if, upon dernm1, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall
not be considered a br~eb of contract by the Department.
9.00 Termination or Suspension or Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finaDy discontinues the
project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any o1ber
reason, the commencement, prosecu1ion, or timely completion of 1be project by the Agency is rendered improbable, infeasible,
impossible, or illegal, the Department will, by written notice to the Agency, suspend any or aU of its obligations under this
Agreement until such time as the event or condition resulting in web suspension has ceased or been corrected, 01' the
Department may terminate any or aU of its obligations under this Agreement.
9.11 Action Subsequent to Notice or Termination or Suspension. Upon receipt of any final termination or
suspension oolice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and
contracts arxI such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the
financing is to be computed; (2) furnifJI a statement of the project activities and contracts, and other undertaking;; the cost of
which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance
payment previously received as is determined by the Department to be due under the provisions of the AgreemenL 1be
termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the
Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish
the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of
federal financial participation in the project shall oot coffititute a waiver of any claim which the Department may otherwise have
arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency
to allow public access to aD documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes and made or received in cOnjunction with this AgreemenL
10.00 Remission or Project Account Upon Completion or Project: Upon completion of the project, and after
payment, provision fur payment, or reimbursement of all project costs payable from the project account is made, the Agency
shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shaD require its contractors to permit, the Department's
authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts
penaining to the financing and development of the projecL
12.00 Contracts or the Agency:
U.IO Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds,
including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with
respect to the project without the written approval of the Department. Failure to obtain such approval shaD be Sufficient cause
for nonpayment by the Department as provided in paragraph 8.23. The Department specificaJly reserves unto itself the right
to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same.
U.20 Compliance with Con~ltantsl Competitive Negotiation Ad: It is understood and agreed by the parties herefo
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that participation by the Department in a project with an Agency, where said project involves a consultant contract for
engineering, architecture or swveying services, is contingent on the Agency complying in full with provisions of Chapter 287,
Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the AgeoI.;y will involve the
Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the
Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act.
U.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
U.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CPR
Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts f11l3~ in whole or
in part with Deparunent funds under this Agreement. The DBE requirements of 49 CPR Part 23, as amended, apply to this
Agreement.
12.32 DBE Obligation: The Agency and its contractors agree 10 ensure that Disadvantaged BusiJleSS Enterprises as
defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the performance of contracts and this
Agreement 10 this regard, all recipients, and contractors shaD take all necessary and reasonable steps in accordance with 49
CFR Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete
for and perfonn contra~. Gran1ees, recipients and their contractors sbaU not discriminate on the basis of race, color, national
origin or sex in the award and performance of Department assisted contra~.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the canying out of any project, the Agency shaD not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The
Agerx;y will take affirmative action 10 erN.lre ahat awlicants are employed, and that employees are treated during employment,
without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but rot be limited to, the
following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the
development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall
require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or
gmilar work, the Agency' shall post, in conspicuous places available to employees and applicants for employment for project
work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause.
13.20 TItle VI . avil Rights Ad oll964: Execution of this Joint Participation Agreement constitutes a certification
that the Agency will comply with all the requirements imposed by 1itJe VI of the Civil Rights Act of 1964 (78 Statute 252),
the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by 1be Agency pursuant
thereto.
13.30 TItle vm - Ovil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification
dlat the Agency will comply with all the requirements imposed by TItle vm of the Civil Rights Act of 1968, 42 VSC 3601,et
seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, religion, sex,
disability and familial stltus.
13.40 Anaericans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA, the regulatiom of the federal
government issued thereunder, and the assurance by the Agency pursuant thereto. .
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract, or arrangement in co~tion with the project or any property included or planned to be included in the
project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any
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fVBUC TIAHIP ADIoP
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interest, direct or in:firect. If any such present or former member, officer, or employee involuntaril)' acquires or had acquired
prior k> the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
with prior approval of the ))epu1mea. may waive Ibe prohibition contained in this subsection: Provided, that any such present
member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, 01'
arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or
planned to be included in any pro~t, and shall require its oontractors to insert in each of their subcontracts, the following
provision:
WNo member, officer, or employee of the Agea;y during his tenure or for two years thereafter shaU have any interest,
direct or indirect. in this contract or the proceeds thereof. W
TIle provisions of this subsection sba1I not be appUcable to any agreement between the Agency and its fiscal depositories, or
to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
13.60 Interest or Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States sbalI be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
AgeIv:;y that tbe project will be carried rot in conformance with all applicable environmental regulations including the securing
of any applicable permits. The Agency will be solely responsible for any liability in the event of IlOn-oompliance with
applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for
any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14.30 \\'hen Rights and Remedies Not Waived: In DO event shall the making by the Department of any payment
10 the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
1ben exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall
exist sbalI in 00 way impair or prejudice any right or remedy available to the Department with respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is beJd
invalid, the remainder of this Agreement sball not be affected. In such an instance the remainder would then oontinue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it bas not paid and, also,
agrees DOt to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder .
14.60 Stale or Territorial Law: Nothing in the Agreement maIl require the Ageocy to observe or enforce compliance
with any provision thereof, perform any oCher act or do any other thing in contravention of any applicable State law: Provided,
that if any oftbe provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department
in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the eod that
the Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance 01 Projed FadlitiEs and Equipment: The Agency agrees that the project faciUties and
equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
facilities and equipment as determined in acoordance with general accounting principles and approved by the Department. The
Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities
or equipment.
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14.71 Property Recu"ds: The Agency agrees k> maintain property records, conduct physical inventories and develop
control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Fadllties or Equipment: If the Agency disposes of any project facUity or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transpor1adQn use, 1be
Agew:j wiD comply with the ~ of 49 CPR Part 18 relating k> property management standards. The Agency agrees CO remit
to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional
amount sball be determined 00 cbe basis of the ratio of the Department financing of the facility or equipment as provided in this
Agreement
14.90 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and an its officers, agents or employees from all wits, actiom, claim.'i:, ~ods, liability of any
nature whatsoever arising out of, because of, or due to breach of the Agreement by the Agency or its subcontractors, agents
01' employees or due k> any negligent act, or occurrence of omission or commission of the Agerr;y, its subcontrac1orS, agents
01' employees. NeidJer the Agency nor any of its agents will be liable under this section for damages arisin& out of injury or
damage kl persons or property direcdy caused or resulting from the negligence of the Department or any of its officers, agents
01' employees. The pu1ies agree that this clause shan DOt waive the benefits or provisions of Chapter 768.28, Florida Statutes
or any similar provision of law.
Agency's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate and
associate with the Department in the defense and trial of any damage claim suit and any related settlement negotiations, shall
be triggered by the Department's notice of claim for indemnification to Agency. Agency's inability to evaluate liability or its
evaluation of liability shall not excuse Agency's duty to defend and indemnify within seven days after such DOtice by the
Department is given by registered mail. Only and adjudication or judgment after highest appeal is exhausted specifically finding
the Department negligent shall excuse performance of this provision by Agency. Agency shall pay all costs and fees related
to this obligation and its enforcement by the Department.
15.00 Plans and SpecifICations: In the event that this Agreement involves the purchasing of capital equipment or the
constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and
specifications covering the project The Department will review all plans and specifications and will issue to 1be Agency written
approval with any approved portiom of the project and conullP.nts or recommendations concerning any remainder of the project
deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
Depar1meot will i$ue t> the Ageocy written approval with said remainder of the project. Failure to obtain this written approval
shaD be sufficient cause for nonpayment by the Department as provided in paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was oompIeled in accordance with awlicable plans and specificatiom, is in place on. the Agew:j facility,
that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose.
17.00 Appropriation or Funds:
17.10 The State of florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a tenn for a period of
more than one year, the provisions of Chapter 339. 135(6)(a), Ronda Statutes. are hereby inco~ratcd: .
-(a) The Department, during any fiscal year, shall not expend money. incur any liablli~~~ or enter hito
any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract. The Department shall
require a statement from the comptroller of the Department that funds are available prior to entering into
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any such contract or other binding commitment of funds. Nothing herein contained shan prevent 1be
making of contracts for periods exceeding I year, but any contract so made shan be executory only for
the value of the services to be rendered or agreed to be paid for in succeedillg fiscal years; and this
paragraph shaU be incorporated verbatim in all contracts of the Department which are for an amount in
excess of 25,000 dollars and which have a term for a period of more than I year..
18.00 Expiratioo or Agreement: The Ageocy agrees to complete the project 00 or before
FRRRIJARY''&I 1m . If the Agency does not complete the project within this time period, this Agreement
will expire un1~ an extemion of the time period is requested by the Agency and granted in writing by the District Secretary,
District ~v~n . Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 YmaI Invoke: The Agency must submit 1be final invoice on this project to cbe Department within 120 days after
the expiration of this Agreement. Invoices submitted after the 120 day time period will DOt be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend \0 and include 1he plural. AD
words used in the plural fonn shall "extend to and include the singular. All words used in any gender shall extend to and include
all genders.
20.00 Execution of ~t: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shan be deemed to be an original, and such counterparts together shall constitute one in the same
instrument.
21.00 Restrictions on Lobbying:
21.10 Fedtntl: The Ageocy agrees that 00 federal appropriated funds have been paid or will be paid by or on behalf
of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency '> any person for influencing or attempting
10 influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Coogre$ in connection with this Joint Participation AgreemeD4 the undersigned sbaIJ complete and
submit Standard. Form-LIL, -Disclosure Form to Report Lobbying,. in accordance with its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at aU tiers
(mcluding subcontrads, subgrams, and contracts under grams, loans aId cooperative agreements) and that aU mbrecipients shaD
certify and disclose accordingly.
" 21.20 State: No funds received pursuant to this contract may be expeoded for lobbying the Legislature or a state
agency .
22.00 Vendors Rights: Vendors (m this document identified as Agency) providing goods and services to the
Department sbouJd be aware of the fonowing time frames. Upon receip~ the Department has five (5) worldng days to i~
and approve the goods and services unless the bid specifications, purchase order or contract specifies" otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days
are ~ from the latter of the date the invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 2IS.422(3)(b) will be due and payable, in addition to the invoice
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amount 10 the Agency. The intereSt penalty provision applies after a 35 day time period to health care providers, as defined
by rule. lnt.erest penalties of less than one (I) doUar will DOt be enforced unless the Agency requests payment. Invoices which
have to be returned to an Agency because of vendor' preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided 10 the Department.
A Vendor Ombudsman has been established within the Department of Banking mI F"mance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely paymeDl(s) from die
Department. The Vendor Om"'~n may be contacted at (904)488-2924 or by calling the State ComptroUer's Hotline, 1-800-
848-3792.
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WPI NO. 7Sl2M1~
JOB NO. lSffi7.:lRJtO
Contract No. AD2Ji:l
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618-4748
DATE FUNDING APPROVED BY COMPTROLLER
(SEE A'IT ACHED ENCUMBRANCE FORM)
~~ 'BY:
~~fJ/!fJklO^---
, LEGAL APPROVAL
DEP ARTMENT OF TRANSPORTATION
TITLE:
DEPARTMENT OF TRANSPORTATION
nTRFrTOR OF PLANNING ANn PROGRAM~
nnE
lICYCLED'APER~
WPI NO. 7826673
JOB NO. 15007-3880
CONTRACT NO. AD263
(Exhibit Updated 9/95)
EXHmIT "A"
PROJECf DESCRIPTION AND RESPONSIBILITIES
This exhibit fonns an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and gJY Of CLEARWATER. P.O. BOX
4748. CLEARWATE~ FLORIDA 34618-4748! '.
dated
PROJECT LOCATION:
CLEARWATER AIRPARK
CLEARWATER, FLORIDA
PROJECT DESCRIPTION:
REFURBISH AIRCRAFT HANGAR "A"
SPECIAL CONSIDERATIONS BY AGENCY:
Agency will submit final invoice within 90 days of project expiration. Non-compliance must be
noticed to the Department by the Agency Head prior to end of 90 days. This modifies Section
18.10 - Final Invoice.
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, WPI number and Job
number and the Federal Identification number, where applicable, and the amount of state funding
action (receipt and disbursement of funds) and any federal or local funding action and the funding
action from any other source with respect to the project.
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Audit reports must be submitted to the Department within 13 months after fiscal year end or 30
days from audit completion.
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If the amount received by a subreceipient does not exceed $25,000 from state and federal sources
during a fiscal year, then an audit report is not required. Instead the head of the entity or
organization may submit a letter. in accordance with Section 216.349, Florida Statutes, attesting
that the provisions of the agreement have been complied with. Annual audit reports or attestation
statements will be retained in the respective district or central program office for a period of three
years from the date of issuance.
Audit workpapers and reports shall be retained by the independent auditor for a minimum of three
years from the date of the audit report.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Time extensions may be granted by the Director of Planning and Programs. This modifies Section
18.00.
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WPI NO. 7826673
JOB NO. .J5007-3880
CONTRACT NO. AD263
(Exhibit updated 9/95)
EXHIBIT "B"
PROJEcr BUDGET
This exhibit fonns an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and CITY OF CLEARWATER. P.O. BOX
4748. CLEARWATER.. FLORIDA 34618-474~
dated
1.
PROJECT COST:
$100,000
TOTAL PROJECT COST:
$100,000
,",
II. PARTICIPATION:
Maximum Federal Participation
ITA, FAA
Agency Participation
In-Kind
Cash
Other
( %) or
$
( %)
(50 %)
( %)
$
$ 50,000
$
Maximum Department Participation,
Primary
(DS *( SO %) or $ 50,000
Federal Reimbursable (DU)(FRA)(DFT A) ( %) or $
Local Reimbursable (DL) ( %) or $
TOTAL PROJECT COST
$100,000
*THE DEPARTMENT MAY PARTICIPATE IN UP TO ONE HALF TIffiNON-FEDERAL
SHARE OF TIllS PROJECT AS PROVIDED BY FLORIDA STATUTE 332.007(6).
WPI NO. 7826673
JOB NO. J 5007-3880
CONTRACT NO. AD263
(Exhibit updated 9/95)
EXlDBIT "C" - A VIA TION
(GENERAL)
This exhibit fonns an integral part of that Joint Participation Agreement between the State
ofFlorid~ Department of Transportation and CITY OF CLEARWATER. P.O. BOX 4748.
CLEARWATER.. FLORIDA 34618-4748.
dated
Only items indicated with an uX" are applicable..
SUBMITT AUCERTIFICA nON
BASIS OF ACCEPTANCE
)( Consultant Selection Compliance
Public Agency Attorney's Certification
Feasibility Study (if necessary)
Public Agency
-r.... PEIEIS (if necessary)
Public Agency
y... Design Submittal
90%
1 ()()O,Io
Department review letter and written approval
Department review letter and written approval
>< ConstructionlProcurement
~ MBE Compliance
)(. Safety Compliance
EAlMaster Plan Submittals
(Each Section)
Preliminary
Final
~ Audit Reports
Public Agency Certification
Public Agency Certification
Public Agency Certification
Department Review and Written Acceptance
Annually by Agency's Auditor..
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~ Certification of Completion .
Agency Letter
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Appraisals
Applicable State Laws
Acquisition of Real Property
Agency Attorney Certification
and Compliance to Florida
Stafute Chapter 332
Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida
Statutes and the requirement ofParagtaph 22.00 of this Agreement
I. REQUIRED SUBMITTAL 1Thffi
The Agency must submit an invoice to the Department within ninety (90) days from the
ending date of the eligible billing period covered by the invoice. Should the Agency not
submit a correctly prepared and documented invoice within the proper time frame, the
Department may deny payment of the Department's share of the invoice.
2
2. REQUIRED SUBMITTAL FORM
The Agency shall submit invoices on forms provided by the Department and prepared in
accordance with instructions given by the Department Back-up documentation will
include the appropriate items necessary to verify costs incurred and the eligibility of said
costs.
Invoice Documentation: (Also see Paragraphs 7.40, 21.00 and 22.00).
Invoices to the Department must be arranged in the following manner.
1) Department's Invoice Summary Sheet.
2) Spread sheet listing JP A budget items along the top margi~ and individual
purchases along the left margin, with the amounts in the proper columns.
3) For each purchase, a copy of the purchase order, vendor invoice, and proof of
payment These items must be fastened together in "packages" and arranged in the
same order as the purchases listed on the spread sheet.
4) Summary sheet showing current approved budget., amounts previously invoiced,
amounts being invoiced, and remaining balances. Line items cannot be exceeded
without first obtaining a budget revision from the Department
5) Invoices must be submitted within 60 days of quarter end during which the
expenses were incurred. Exceptions must be documented fonnally with
justifications from the Agency Head to the Department Project Manager.
3. APPROVAL OF SUB:M.IIT AL
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Goods or services received under this agreement shall be--lipprovedldisapproved by the
Department no later than five (5) working days after receipt. by the District Public
Transportation Office. of a properly prepared and submitted invoice. Should the invoice
be incomplete or incorrect, the Department shall infonn the Agency within five (5).
working days of receipt and return the invoice for corrections.
WPI NO. 7826673
JOB NO. 15007-3880
CONTRACT NO. AD263
(Exhibit updated 9/9S)
EXHmIT ttD"
SPECIAL A VIA nON ECONOMIC DEVELOPMENT PROGRAM CONDmONS
1. The project must be revenue producing at fair market value of improvements.
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and CITY OF CLEARWATER, PIO. BOX
4748. CLEARWATER. FLORIDA 34618-4748.
dated
2. The net proceeds from the project must be used for airport related projects. These funds
may be used for airport maintenance, airport operations, or matching funds for capital
projects on the airport.
3. If project proceeds are used for non-airport purposes, the full amount of the State grant
will inunediately become due and payable to the Florida Department of Transportation.
This proviso applies during the full useful life of the project which is deemed to be
20 years.
4. The project must comply with all applicable building codes and other statutory
requirements.
5. The use of owner furnished equipment and supplies is encouraged. This includes owner
purchased pre-engineered buildings for erection by others.
6. The sponsor will maintain a separate ledger account to record financial transactions for the
project during its useful life.
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WPI NO. 7826673
JOB NO. 15007-3880
CONTRACT NO. AD263
(Exhibit Updated 9/95)
EXHIBIT "F"
SPECIAL AIRPORT ASSURANCES
This exhibit fonns an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and CITY OF CLEARWATER. P.O. BOX 4748,
CLEARWATER FLORIDA 34618-4748~
dated
I. GENERAL
a. These assurances shall be complied with in the performance of master planning, land
acquisition, economic development or capital improvement projects which contain
NO federal funds.
b. Upon acceptance of this Joint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
II. DURATION
The terms, conditions and assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for any airport
development project, but in any event not to exceed twenty (20) years from the date of acceptance .
of a grant agreement utilizing state funds for the project. However, there shall be no limit on the
duration of the assurances with respect to real property acquired with project funds.
m. SPONSOR CERTIFICATION
The sponsor hereby assures and certifies, with respect to this grant:
a. It has sufficient funds available for that portion of the project costs not paid for by the State.
It has sufficient funds available to assure operation and maintenance of items it will own or
control funded under the grant agreement.
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b. It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof: or will give assurance satisfactory to the Department, that good title will be acquired.
c. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with the Federal Airport and Ailway Improvement Act of 1982, or successive
legislation; the regulations and the tenns, conditions and assurances in the grant agreement;
and shall ensure that such arrangement also requires compliance therewith.
d. It will adequateJy clear and protect the aerial approaches to the airport by removing, lowering,
relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
e. It will make its airport available as an airport for public use on fair and reasonable terms.
f It will permit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public.
g. All revenues generated by the airport will be expended by it for the capital or operating costs
of the airport, the local airport system, or other local facilities owned or operated by the
owner or operator of the airport and directly related to the actual aerial transportation of
passengers or property.
h. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the
airport showing (1) boundaries of the airport and aD proposed additions thereto, together with
the boundaries of aD offsite areas owned or controDed by the sponsor for airport purposes and
proposed additions thereto; (2) the location and nature of aD existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and
roads). including aD proposed extensions and reductions of existing airport &ci1ities; and (3)
the location of aD existing improvements thereon.
. .
. ". \ \ ," . .\
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{f.~o'1?
SUBJECT: RECONSTRUCTION OF HIGHLAND AVENUE FROM NORTH OF GULF-TO-BA Y BLVD. (SR 60) TO NORTH OF
SUNSET POINT ROAD (CR 576) (96-12)
RECOMMENDATIONIMOTION: Award a contract for the RECONSTRUCTION OF HIGHLAND A VENUE FROM
NORTH OF GULF-TO-BA Y BLVD. (SR60) TO NORTH OF SUNSET POINT ROAD (CR 576) (96-12) to
OVERSTREET PAVING COMPANY of LARGO, FLORIDA for the slim of $4,281,069.56 which is the lowest
responsive bid received in accordance with plans and specifications.
and tll.1t the appropriate officials be authorized to execute 5<1Il1e.
@
---,. I /'
b (\J ~?
CLEAR\V ATER CITY COl\1l\tIlSSION
Agenda Cover 1\1cmorandum
CJ' I
.-.-/
Item #
Mccting Date
SUMMARY:
· The Highland Avenue Widening Project was a project identified in the Penny for Pinel1as Referendum.
· This project proposes to improve Highland A venue from an existing two lane facility to a three lane facility from
Gulf-ta-Bay Blvd. to Sunset Point Road. The previous intersection improvements at Gulf-to-Bay Blvd. and Drew
Street by the FDOT will be incorporated into the Highland A venue improvement.
· Currently, Highland Avenue carries 21,000 vehicles per day and operates at a level of service ElF at many
locations. This roadway construction will elevate the level of service a minimum of one level to an acceptable
level of service.
· Storm water regulatory requirements will be met by an enlargement to the existing pond between Kings Hwy. and
Highland Ave. just south of OverIea Street, enlargement of an existing pond at the northeast comer of the
Clearwater County Club Golf Course and the construction of a new "dry" detention pond at the intersection of
Hillcrest Drive and Maple Street, again on the Clearwater Country Club property. The City owns the Clearwater
Country Club property and the proposed improvements have been coordinated with the lessee. The proposed
storm system included with the roadway improvements will significantly improve drainage performance along the
entire project.
· Project design and regulatory permitting were accomplished by HDR Engineering, Inc.
Ruv!ewed by:
legal -7-e....
Budget k
,,"~h..;". ;"/"1
Risk Mgmt. N/A
Originating Dept.
IV
(/1, ,,-
'\ . \/
/ / .\
1\
continued:
Comnlsslon Action
" Costs: $4,281,069.56
Engineering Department
Approved
User Dept.
Public Works
~a~lvlslon twW
(Current FYI $1.500.000.00
Funding Source:
Approved
w/conditions
Capt. Imp. x
Denied
Operating
Cont'd to
IS
N/A
/^ _ Uw
lir
das
Date: 03/05/96 and 03/14/96
Other.
ACM
Paper: St J>etersbum limes
ENG.
Not required:
OTHER
..<"
, ,
Affected parties
notified
Appropriation Code (s)
Attachments:
Submtted By:
315.92140-563700.541-000
315.92555-563700.541-000
315.96704-563800,533-000
315-96634-563800535-000
315.96371.563800532-000
Bid tabulation and summary
f;)'~
Cit(G:nager
Not Roqulred
HIGHLAND.AGN
Page 2 Continued:
Subject: Reconstruction of Highland Avenue From North of Gulf-to-Bay Blvd. (SR 60) to north of Sunset Point Road
(CR 576) (96-12)
. New trctffic light signalization at major intersections will use the currently required mast arm construction.
. A new railroad crossing will be constructed at the CSX tracks just north of Flagler Drive.
. This project includes the adjustments and relocation of the City's natural gas, potable water and sanitary sewer
facilities.
. This project will start on or about July 8, 1996 and is scheduled be completed within 420 calendar days.
. The available balances in the Highland Avenue Improvement, Intersection Improvements, Water Line Relocation
Capitalized and Sanitary Utility Relocation Accommodation Capitalized, are sufficient to provide funds for this
contract.
. A third quarter budget amendment will be made to transfer $121,350.60 from gas revenues to the CIP code
96371, Pinellas Phase IT gas line relocation project, to fund the gas main work under this contract. The transfer of
gas revenues for this project, is in effect, a loan from the City's cash pool, and is anticipated to be an interim
solution as these monies will be reimbursed to the gas fund once the new bond monies are available and the gas
system bond funds are established.
Highland Avenue Improvement
Intersection Improvements
Water Line Relocation
Sanitary Utility Relocation
Pinellas Phase II
315-92140-563700-541-000
315-92555-563700-541-000
315-96704-563800-533-000
315-96634-563800-535-000
. 315-96371-563800-532-000
Items 1 thru 65
Items 66 thru 89
Items 90 thru 113
Items 114 thru 127
Items 128 thru 140
TOTAL
$3,549,594.21
$ 304,796.75
$ 173,540.45
$ 131,787.55
$ 121,350.60
$4,281,069.56
-
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Memorandum
,-lJ ;2
FROM:
Mayor and City Commission ~
Betty Deptula, City ManagerM
TO:
COPIES:
Assistant City Managers. Department Directors
SUBJECT:
Mid Year Review - Amended City Manager's Annual Budget Report
DATE:
June 12, 1996
Attached is the Mid Year Budget Review in accord with Section 2.519 of the Clearwater Code.
The basic format of the report remains unchanged from prior years, and pages 1 and 2 provide a Table of Contents
and a defmition of format terminology. The Report includes comments on major variances, as well as explanations of
proposed amendments. In addition to the budgetary infonnation required by the City Ordinances, the following
special detail is included: a summary of administratively approved change orders is provided on page 62; the detail
expenditures budget for the Special Law Enforcement Trust Funds is provided on page 65; and the Commission
required report on Risk Management/Central Insurance Fund settlements is provided on page 64.
This report is based on six months activity (October, 1995 through March, 1996) in this fiscal year. and although
in some instances variances have been noted in revenues and expenditures, some amendments are not proposed until
additional data can be analyzed.
General Fund
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Revenues
65,736,970
65,736,970
68,235,908
68,235,908
68,746,429
68,746,429
Expenditures
At Mid Year. anticipated General Fund revenues exceed anticipated General Fund expenditures for the current vear
bv $518.609. and that amount is transferred to General Fund anappropriated retained earnings.
General Fund revenues reflect an anticipated increase of Florida Power franchise fees and utility taxes totaling
$1,100,000 at mid year by recognizing the abnormally long, cool winter.
The most significant budget amendments to the General Fund expenditures include a transfer of $500,000 to the
Special Program Fund to replenish the Employee Retirement Fund for General Fund employees to an available
balance of approximately $lM for the 1996/97 fiscal year, and $20,000 to fund an student internship program.
All department program budget amendments are offset by savings within other General Fund programs.
Water & Sewer Fund
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Expenditures
36,461,100
35,439,210
36,461,100
35,509,700
36,120,286
36,120,286
Revenues
Mid Year Budget Review
Fiscal 1995-96
City Manager's Transmittal
Water & Sewer revenues reflect a reduction in anticipated water revenues based upon an error in the computation of
the 16% pass through from Pine 11 as County wholesale water charges which was noted at first quarter. This will not
effect the financial stability of the fund. Also, an adjustment to interest earnings brings anticipated earnings in line
with previous year actual earning levels.
Fund expenditures recognized the appropriation of $395,700 to the Capital Improvement Fund to provide funding for
reclaimed water for Island Estates as previously approved by the Commission on 12/7/95, funding to establish a
project for a utility rate study, and the appropriation of additional funding for new main construction.
Gas Fund
Expenditures
FY 95/96
Adopted
19,055,970
17,988,010
First Quarter
Amended
Mid Year
Amended
Revenues
21,790,725
19,939,523
22,238,214
21,332,816
Gas Fund amendments reflect the changes recently presented to the Commission correcting the flawed ratios of
customer and their consumption groupings in the Phase I rates. These amendments result in a reduction in operating
revenues detailed on pages 21 & 22.
Gas Fund revenues an expenditures are reflect the transfer of $1,298,386 representing a loan from the cash pool to
the Capital Improvement Fund to fund Pasco Gas expansion projects as an interim solution until the Pasco Gas bonds
are issued later this fiscal year.
Solid Waste Fund
FY 95/96
Adopted
12,215,450
12,215,450
First Quarter
Amended
Mid Year
Amended
Revenues
12,239,330
12,239,330
12,258,940
12,250,510
Expenditures
Solid Waste Fund revenues and expenditures reflect the transfer of $14,630 to the Capital Improvement Fund for the
implementation of a utility rate study. (See page 22)
Storm water Fund
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Expenditures
4,160,630
4,160,630
4,161,770
4,161,770
4,180,210
4,180,210
Revenues
The mid year amendments for the Stormwater Fund again reflect the transfer of funding in the amount of $19,500 to
the Capital Improvement Fund for the implementation of a utility rate study. (Page 22)
Recycling Fund
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Expenditures
2,341,100
2.128,680
2.183,060
2,104.740
1,933.260
1,895.610
Revenues
II
'f . t' , , '. '. ..' ~1 . ~ ,: f\~~~:H~;.,~' . .' ~ ~/,~"~~,,,~~~~.,;.~,;;#~~~~t:~.~,:~:~:~~~,
Mid Year Budget Review
Fiscal 1995-96
City Manager's Transmittal
Revenues and expenditure adjustments are presented reflecting a reduction in inventory purchases in the Commercial
Program in line with the strategic plan recently presented to the Commission. (Page 23)
l\farina
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Revenues
Expenditures
1,855,020
1,805,460
1,855,020
1,805,460
1,851,220
1,805,460
Marina revenues reflect only small adjustments to several sources resulting in a decrease of $3,800. No expenditure
amendments are proposed at mid year.
Parking
Expenditures
FY 95/96
Adopted
2,586,090
2,586,090
First Quarter
Amended
Mid Year
Amended
Revenues
2,726,366
2,726,366
2,731,296
2,731,296
Parking revenues and expenditures reflect funding for an in-depth turnover/occupancy study of the Marine parking lot
in conjunction with the beach parking facility study. (Page 27)
Pier 60
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Revenues
Expenditures
335,340
323,880
344,410
332,950
325,740
325,740
Pier 60 revenues are adjusted to reflect the effects of the cold weather during the winter months, red tide outbreaks,
and the construction of the Per Park which resulted in the loss of parking spaces near the entrance of the Pier. (Page
25)
Harborview Center
Revenues
FY 95/96
Adopted
796,500
796.500
First Quarter
Amended
Mid Year
Amended
Expenditures
796,500
796,500
796,500
796,500
No amendments are proposed at mid year.
Internal Service Funds:
FY 95/96
Adopted
First Quarter
Amended
Mid Year
Amended
Expenditures
24,207,620
22,988,650
24,403,666
23,184,696
24,233,216
22,527,706
Revenues
At mid year, the Administrative Services Fund and the Radio Services program reflect savings in debt service costs
totaling $341,470 due to the timing of the purchase of computer equipment and the Police radio switch, resulting in
the decrease noted above in Internal Service Fund expenditures. (pages 31 & 32)
. " .,,': .' ' ". '. . ',... .' .' . , ','" t :.".. ;" .,: ',...'.', .' . .' \ ..... ':".
iV:i;,,';' :", '.' .
Mid Year Budget Review
Fiscal 1995-96
City Manager's Transmittal
.". "~'~'.'--"'''''1.'--'~'' ....... .._-_...~
The amendments to the Capital Improvement program total a net decrease of $15,104,916.
budget increases not previous Iv approved by the City Commission are summarized on page 34.
I would be happy to provide you with any additional information at your request.
".
:'
.:
"-
.
.
.
Capital Improvement
~ ~~
MIDYEAR BUDGET REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 1994-95 REPORT
PAGE #
General Fund Operating Budget."................... ...... ......,....."...................."....................................,.................................. 3
Utility Fund Operating Budget.......,.................... ............. .................... ......................................,................. .................. 16
Other Enterprise Funds Operating Budgets........................................,.........,..............,............... ................................... 25
Internal Service Funds Operating Budgets........,.,..........,.."..... ............................,..,..........,...................,......................, 29
Capital Improvement Program Budget.............,............... ...................................................,........,................................. 34
Special Program Fund Budget.. .............. ,... ,.....,..,......,...,..".... ..,........................ ..,......,............. ....... ..., .... ..,..,..,.. ........ .., 56
Special Development Funds....,................,.........",.........,. .............................. ................................................. ..........,....61
Schedule of Administrative Change Orders .....,..,....................................".........., ............................... ,.,.. ..................... 62
Summary of Claims Settled ...............................,.,..,......... .............. ................................................................................ 64
Special Law Enforcement Trust Funds...,..,........"......,.......................... ,.,.................................. ................................... 65
Ordinances
Midyear budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects identified in the
report are not simply time percentages applied to annual budgets but rather department director's judgment of
month-to-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review represents six months, October 1, 1995 through March 31, 1996.
The adjustments, however, represent all data available at the time of the report, including action taken by the City
Commission after March 31, 1996.
Defmitions associated with the operating funds infonnation is presented as follows:
Definition Section:
Original Budget
The budget as adopted by the City Commission on September 21, 1995.
End of Previous Quarter
Amended Budget
Reflects any adjustment enacted by the City Commission at the prior
quarterly review.
Mid Year Projections
Monthly budgets submitted by departments are based on prior year
experience and unique circumstances.
Mid Year Actual
Self-exp lanatory.
Variance
Difference between mid year projected and midyear actual. A minus sign
(-) indicates an over expenditure.
Variance %
% of variance to midyear projection. A minus sign (-) indicates an over
expenditure.
Adjustments
Adjustments which have been approved by the City Commission, made
at the Manager's discretion, and/or adjustments proposed based on first
quarter review.
Amended Budget
Adding the End of Previous Quarter Amended Budget and Adjustments.
Amended Budget %
Percentage change of amended budget to original budget.
. . . . \ ~
. '1 ~. ' .
, . , .
. . .
:,' . . ' \ . . . .~'. -------...
~.;h ~ .,'...'. ."
Capital Improvement Projects
The amended 1995/96 Capital Improvement Projects budget report is submitted for the City Commission review. This
review provides the opportunity to analyze the status of all active projects and present fonnal amendments to the project
budget.
The Capital Improvement and Special Program funds infonnation is presented as follows:
Budget
The budget as of October I, 1995 which includes budgets from prior
years which have not been completed.
Revised Budget
Adding columns one and two.
Amendment
Amendments which have been approved by the City Commission, made
at the Manager's discretion, andlor adjustments proposed as a result of the
mid year review.
Expenditure
Self-explanatory.
Encumbrance
Outstanding contract or purchase order commitment.
Available Balance
Difference between revised budget and expenditure.
Status
C - project is completed
Amend Ref
Reference number for description of amendment.
City or Clearwater
GENERAL FUND
Mid Year Revenues
IT 1995-96
Some of the variances. both favorable (positive) and unfavorable (negative). appear to be the result of timing
differences and are expected to be immaterial by year end. In other cases. budgets have been amended due to
Commission action during the fIrst several months of the year. the receipt of additional infonnation or a change in
the underlying budget assumptions. The adjustments proposed below are known and quantifiable at this time.
Property Taxes
No Amendment
As of March 31, 88 % of projected revenues had been
received which is the same percentage of receipts as compared
to the same time in FY 1994/95. No amendments are
anticipated at this time.
Franchise Fees
Increase $500,000
The budget amendment reflects an anticipated increase
primarily in Florida Power franchise fees. Collections are
13% above projections at mid year. and 12% above
collections for the same period last year. The longer. cold
winter appears to have had a positive impact on anticipated
collections.
Utility Taxes
Increase $600,000
The budget amendment reflects an anticipated increase
primarily in electric utility taxes. Although collections are
approximately as projected at mid year due to the timing in the
posting of tax revenue, collections are approximately 14%
above collections for the same period last year. Again, the
longer, cold winter appears to have had a positive impact on
anticipated collections.
Licenses and Permits
No Amendment
Fmes and Forfeits
Decrease $80,000
Court fmes are almost $117,495 (20%) below estimates at mid
year. This is primarily due to the beach courtesy warning
program. Anticipated revenues are reduced pending further
review at third quarter.
Intergovernmental
State
Increase $1,800
The large negative variance is almost entirely due to a timing
difference in the receipt of motor refund tax revenue and
beverage license tax revenue. The small adjustment reflects an
increase in anticipated Fire Incentive funds for the year.
County
No Amendment
The large positive variance of 7 % is entirely due to a timing
variance in the receipt of Fire and EMS tax revenues which
were received in March, ratlter than in April as anticipated.
-3-
-
J:,""-<'- '
City of Clearwater
GENERAL FUND
Mid Year Revenues
FY 1995-96
Charges for Service
Increase $11,330
Numerous small anticipated increases and decreases are
reflected in this amendment this category based upon actual
collections for the rust six months of the year.
Use & Sale of City Property
Increase $2,000
Reflects an increase in revenues from the collection of
insurance claims.
Miscellaneous Revenues
Increase $12,000
The amendment reflects an increase in other miscellaneous
revenues and workers compensation reimbursements.
Interfund Administrative
Service Charge
No Amendment
Interfund Other Service
Charge
Decrease $18,000
The budget amendment reflects a decrease in concrete charges
with the participation of the Public Works Department
working on Utility and Enterprise fund projects, which are
charged to these funds on a reimbursement basis.
Unappropriated Retained
Earninp
Increase $518,609
The budget amendment reflects the increase of anticipated
General Fund revenues of $1,029,130 at mid year, net of an
anticipated increase in expenditures of $510,521, for a net
transfer to the unappropriated retained earnings of the
General Fund in the amount of $518,609.
-4-
GENERAL FUND
REVENUE REVIEW
MID YEAR - October 1, 1995 to March 31, 1996
Revenue Source
FY 95196
Adopted
Budget
1st Quartor
Amended
Budget
Mid-Year
Projection
Mid-Year
Actual
Variance
Amount
Mid-Year
Amended
Adjustment Budget
eA.
Property Taxes 19,303,820 19.303,820 16,301.960 16,915,317 613,357 4% 0 19,303.820 0%
Franchise Fees 6,144.630 6,144,630 2,194.950 2,478,893 283,943 130k 500.000 6.644.630 80k
Utility Taxes 12.845,080 12.845,080 5,233.012 5,246.507 13.495 0% 600.000 13,445.080 5%
Licenses and Permits 2,402.000 2.402.000 891.000 864.124 -26.676 -3% 0 2,402.000 0%
Fines, Forfeiture &
Penalties 1.508,000 1.508,000 638.996 503,336 -135,660 -21% -80.000 1,428.000 -5%
. Intergovernmental
Federal 493,190 493,190 0 0 0 nla 0 493,190 0%
State 7,057,650 7,057,650 3.188,100 3.057.715 -130.385 -4% 1.800 7.059.450 0%
County 4,085.510 4.085,510 1,860.980 2.164,967 303.987 16% 0 4.085.510 0%
Charges for Services 1.110.490 1,110.490 449.050 428,621 -20,429 -5% 11.330 1,121,820 1%
Use and Sale of City
Property and Money 1,366.350 1.366.350 683.166 648.805 -34,361 -5% 2,000 1,368,350 OOk
Miscellaneous Revenues 108,420 108,420 38,250 50,058 11,808 31% 12,000 120,420 11%
Interfund Administration
Service Charge 3,242.760 3,242.760 1.621,380 1,621,492 112 0% 0 3,242,760 OOk
Interfund Other Service
Charge 1,957,200 1.957,200 978,090 962,829 -15,261 -2% -18,000 1,939.200 -1%
Interfund Transfer 4,111.870 4.111.870 2,335,938 2,005.020 -330.918 -14% 0 4.111,870 OOk
Subtotal, General Fund
65,736,970 65,736,970 36,414.872 36,947,664
532,812
1% 1.029,130 66,766,100 2%
Transfer to Surplus
o 0
o
o
o
nla
518.609 518,609 nia
Transfer from Surplus
o 2,498,938
o
o
o
nla
o 2,498,938 0%
TOTAl,GENERAlFUND
65,736.970 68,235,908 36,414,872 36.947.664
532,812
1%
510,521 68.746.429 1%
-5-
City of Clearwater
GENERAL FUND
Mid Year Expenditures
FY 1995-96
Administration
City Commission
Program Increase $18,000
The program increase reflects the raise in the Mayor's salary of $6,000
annually, and an increase in Commissioner salaries of $5,000 annually as
approved by Ordinance effective April 4, 1996.
The net amendment for the City Commission at mid year is an increase of $18.000. and the Mid Year Amended
Budget for the City Commission is $28,000 more than the Original 1995/96 Operating Budget.
.,....-_. ........
.. .. ~ '. 'U'"
City Manager
First Quarter budget amendments reflected the establishment a separate Office of Tourism Development, and the
transfer of the lobbyist administration duties to the City Clerk.
No amendmelUs are proposed aJ mid year.
The Mid Year Amended Budget for the eit)' Man~er's Office is $106,000 less than the Original 1995/96
Operating Budget.
..__.~___. .._.. .. ". ._n.._', .,.
Human Relations/Compliance
No amendmelUs are proposed aJ mid year.
The Mid Year Amended Budget for the Human Relations/Compliance Prouam is equal to the Original 1995/96
Operating Budget.
'____"'U ___ '."-'-..__.
Human Relations/Community
No amendmelUs are proposed aJ mid year.
The Mid Year Amended Budget for the Human Relations/Community Prouam is equal to the Original 1995/96
Operating Budget.
.... .-
......
..-..
Internal Audit
Program Decrease $6,250
Salary savings is provided from the delay in hiring an additional accountant in
Internal Audit.
The net amendment for Internal Audit at mid year is a decrease of $6.250. and the Mid Year Amended Bud~et for
the Internal Audit Promun is $13.450 less than the Original 1995/96 Operating Budget.
,_.. _ u..___.._.,..
. _ .. 'n_'~'_..
Organizational & Employee Development
First Quarter budget amendments reflected the establishment of the Office of Organizational and Employee
Development funded by offsetting decreases in Human Resources and Internal Audit.
No amendmelUs are proposed a1 mid year.
The Mid Year Amended Budget for the Office of Ore.anizational & Emplovee Development is equal to the
Original 1995/96 Operating Budget.
'..
-6-
City of Clearwater
GENERAL FUND
Mid Year Expenditures
FY 1995-96
Office of Tourism Development
First Quarter budget amendments reflected the establishment of the Office of Tourism Development funded by
offsetting decreases in the City Manager's Office.
No amendments are proposed aJ mid year.
The Mid Year Amended Budget for the Office of Tourism Development is $80,000 more than the Original
1995/96 Operating Budget.
..~ . ." ...
Ism
Decrease $23,630
The program amendment reflects salary savings.
The Mid Year Amended Budget for the Lef!al Department is $23,630 less than the Original 1995/96 Operating
Budget.
~ ...
City Clerk
Program Decrease $4,270
The program amendment reflects salary savings provided by position vacancies
and the promotion of a long time employee to another Department.
The net amendment for the CitV Clerk's Office is a decrease of $5.270. and the Mid Year Amended Budget for the
City Clerk Proeram is $22.230 more than the Original 1995/96 Operating Budget.
.. - - .
......
". - -..
Infonnation Mana~ement
Community Outreach
The fl.rSt quarter amendment reflected the appropriation of $35,000 of retained earnings of the General Fund for the
contract with Florida Trend magazine for a special Clearwater feature supplement.
Budget Transfer - The budget amendments provides for the transfer of $3,516 to the Capital
Improvement project 315-94743, TV Studio, to provide funding for the purchase of an audio system and
related components for the television studio, with funding provided from savings within the Community
Outreach operating budget.
The Mid Year Amended Budget for the Community Outreach Pro2ram Is $35.000 more than the Original 1995/96
Operating Budget.
... . ~
Human Resourc~
Administration
Program Increase $10,740
The program increase is primarily reflects an increase of $8,500 for tuition for
the Department Director to attend a conference on creative leadership with the
approval of the City Manager. Funding is offset by savings in other General
Fund Department operating budgets.
The net amendment for the Human Resources-Administration pro~ram is an increase of $10.740. and the Mid Year
Amended Budget for the Administration Pro~ram is $9.930 more than the Original 1995/96 Operating Budget.
.P............ -.
-7-
, '., . . .
\ " '. \.,' \. '~. . . .. '.
City of Clearwater
GENERAL FUND
Mid Year Expenditures
FY 1995-96
Recruitment & Selection
The ftrst quarter amendment reflected the transfer of funding to establish the new Organizational & Employee
Development program.
Program Decrease $230
The budget amendment reflects savings in employee pension costs.
The net amendment for the Human Resources-Recruitment and Selection program is a decrease of $230. and the Mid
Year Amended Budget for the Recruitment and Selection PrOJ!ram is $54.840 less than the Original 1995/96
Operating Budget.
...~".-.-.... ..
'.'
Employee Development &
Retention
The frrst quarter amendment reflected the transfer of funding to establish the new Organizational & Employee
Development program.
Program Decrease $2,010
The budget amendment reflects savings in employee pension costs.
The net amendment for the Human Resources-Employee Development and Retention program is a decrease of
$2.010. and the Mid Year Amended Budget for the Emplovee Development and Retention Provam is $116.480
less than the Original 1995/96 Operating Budget.
".'
Police
Office of the Chief
Decrease $3,200
The budget amendment reflects salary savings anticipated for the year.
The Mid Year Amended Bud2et for the Office of the Chief is $3.200 less than the Original 1995/96 Operating
Budget.
.... .....- ...-. -.
Criminal Investigations
Increase $22,000
The budget amendment reflects numerous line item adjustments related to the
restructuring of the Criminal Investigations program. The overall program
increase is offset by savings in the Patrol program.
The Mid Year Amended Budget for the Patrol proeram is $22.000 more than the Original 1995/96 Operating
Budget.
,.
".'
Patrol
Decrease $64,720
The program reflects a budget increase of $47.670 for the Police Service
Technicians for the Municipal Services Ccmplex as approved by the Commission
with funding appropriated from the unappropriated retained earnings of the
General Fund, and offset partially by savings in several operating line items
within the Police Department operating budget.
The net amendment for the Patrol program is a decrease of $64.720. and the Mid Year Amended Budget for the
Patrol PrOJ!ram is $48.320 les.c; than the Original 1995/96 Operating Budget.
-8-
City of Clearwater
GENERAL FUND
Mid Year Expenditures
FY 1995-96
Support Services
Decrease $44,980
The program amendment reflects significant savings of $460,000 in debt service
costs due to the timing of the purchase of the Police radios. This savings
provides funding for the transfer of $285,000 to establish the Capital
Improvement project for the Radio Communication Tower Link (project 315-
91137); $85,000 for capital equipment necessary for the new building including
a dictation system, a Records Section - Point of Sale System, a Photo ID System,
Electronic Monitoring Equipment, and 911 Recording Equipment as presented in
a request from the Chief to the City Manager and distributed to the Commission
on May 1; $45,000 for equipment upgrades to new vehicles; and $28,530 for
non-capital items including shelving, break area furniture, audiovisual equipment,
podiums, and workstation equipment.
The Mid Year Amended Budget for the SUPpOrt Services PrQf!ram is $44.980 less than the Original 1995/96
Operating Budget
.. _. .... _H....U ....
Communications
Increase $21,180
Debt Service - Debt services costs reflect an net increase of $76,399 reflecting
debt service payments of $100,827 on the purchase of the Department's mobile
radios (approved by the Commission on 9/7/95); and a decrease of debt service
costs on the new Police network to offset a budget transfer to the Capital
Improvement Fund for the purchase of a dictaphone. Debt service funding is
provided by offsetting decreases in operating budget transfers of $26,000, and
General Service radio charges of $74,827.
Transfers - Budget transfers reflect a net decrease of $1,572 representing the
return of $26,000 of General Fund revenues from project 315-91118, Police
Pursuit Vehicles, to provide funding for debt service payments on the purchase
of Police radios approved by the Commission on 9/7/95; and the transfer of
$24,428 reflecting savings in debt service costs on the new Police Computer
network to provide funding for a dictaphone recorder as approved by the City
Commission on 12/7/95.
The Mid Year Amended Budget for the Communications Proeram is $21.180 more than the Original 1995/96
Operating Budget.
fjie3iei.~Tnid~vear_iiiimenrt'ijiiniiii.,(;;"iiiePoiice~De,;aTiiiieni:ii"(t{jecreasiOf$69.7iif!firlii'lfiiIt!kilJ
f7iikr~~M~(JP.~rizti!'g BU4gtJ~".~3)~20~ss J1iiln-.tMj.)iJgiri{l!,1.fl9.~~~r~(ng Jl~giJ.i
'.. .,
Fire Department
Administration
Increase $910
The budget amendment reflects the transfer of budgeted debt service payments
from the Support Services Suppression program.
The Mid Year Amended Budget for the Administration Proeram is $910 more than the Original 1995/96 Operating
Budget.
'..
-9-
City of Clearwater
GENERAL FUND
Mid Year Expenditures
FY 1995-96
Support Services
Decrease $194,570
The budget amendment reflects the transfer of budgeted debt service payments
to the Administration and Fire Suppression program.
The Mid Year Amended Budget for the SUPpOrt Senices Pr~ram is $194.570 Jess than the Original 1995/96
Operating Budget.
.,.. .+.
Fire PreventionJ
Emergency Management
Increase $16,410
The program increase primarily reflecting an increase in personal service costs
offset by savings in other Departmental programs.
The Mid Year Amended Budget for the Fire Prevention!Eme~encv Manaeement PrOI!nUl1 is $16.410 more than
the Original 1995/96 Operating Budget.
.+.
Fire Suppression
Increase $181,380
The budget amendment reflects the transfer of budgeted debt service payments
from the Support Services Suppression program.
The Mid Year Amended Budget for the Fire Suppression PrQ2ram is $181.380 more than the Original 1995/96
Operating Budget.
._ _._.___.._____.+..u __.. . .
Emergency Medical Svc
Decrease $37,470
The program decrease primarily reflects salary savings offsetting program
increases in Fire Prevention.
The Mid Year Amended Budget for the Emel1!.encv Medical Services Pr02rant is $37 .470 less than the Original
1995/96 Operating Budget.
vi'ei1f['r'1;"{,FrJi''';'''' ." tnt ' ,~- '"!'fQiji,e--B,idtii ii'~f47(ije:iStii'tiFiJie7:i;(,lMi19957961-'eTiiJlnriJUd""ir1
____.._J!iiI~__~. __.~ .__~,,___. ..K._ __....1 ......__~~___~. -. ...-....-.' -~... -- ..". g .-- --- --.....' Qjt-.--.. g--g-~
L
.+.
, .
Central Pennittine
Administration
Development Technical Svc
Construction Technical Svc
Decrease $6,220
Decrease $20,000
Increase $26,220
Program resources are transferred between Central Pennitting programs at mid
year. The large negative variance in the Construction Technical Services
program reflects a lump sum payout of accrued sick and vacation leave to Fred
Ratley. These costs will be transferred to the Employee Retirement Fund and
will correct this deficit.
.........,~-..:..,,...,~.,.~.~.~.'e.._r~..\...., . _L,' .';'f~.,q,:r.',...,.~~.~,~"... '~."""Nr~'-'! ."....'............. .,.~J."..':.'.. ~. ," ~.. ""., ._'.'>'I"'!'_"._""r~'^".~"l'",''' ,",~",'~'*l""''''
71U!Iiofa.Jl~C#iy{al l-'ermiltirzg;]#partrMltt . Operating Budge(..is,.. equal' to", the,. Origi"4LI!J9~l99; Oper:ati!1.g
... . . . <."tt1
iiiiJ"'" .
lL.,,"
-10-
..... -- -------(--...."":'--....-'--- ,------- -; .------ .
. .
... .....
City or Clearwater
GENERAL FlJND
Mid Year ExpendiJures
FY 1995-96
Economic Development
No amendmems are proposed at mid year.
The Mid Year Amended Bud~et for the Economic Development Office is equal to the Original 1995/96 Operating
Budget.
Parks and Recreation
Administration
Recreation Programming
Recreation Facility
Maintenance
Nursery
Parks
Increase
Increase
$22,065
$21,014
Decrease
Decrease
Decrease
$4,651
$21,763
$22,834
-~IOfQlF.p;ifi1i~r&)~RecreOJjoii:jje.~..,..'t!nt~.. -.,eroJin1"~iiii&'.etiS':$6'j69.Tress:'t'lUi'i~.j'iie?On\+ii;it799m..,
I~t'~' 'J..'" <'1"L\.-,....---,-.--,--,-..-.,-.~-'--.--QjJ-- -..-- g_....,,,rg,._,t...... .. ,...__.._.....-....~,.~--_...g...._..~_._~
"..'" .."i~j1JU(Jt;el.
_~_6_
... .
. -."
.~
Librarv
Administration
Public Services
Technical Services
Cooperative Services
Increase $10,730
Increase $6,900
Increase $4,120
Decrease $1,000
The 1995/96 operating budget for all departments reflected budgeted salary
savings of 1.5% on total full time salaries for all departments. Due to low
turnover, the Library has been unable to recover the entire savings and above
amendments reflect a total personal service cost increase across the department
of $27,230 less departmental operating savings of $6,480, for a net bud~et
increase of $20.750 for the Library at mid year.
...~".,...,""'~-:u-:, p.~r.-"'...~~~'~<orr."':.."'l.f'.:'."~~r........;f'!":~--_._........l-r<.....;~~ ~"'~.-O;':'.,-,.._.'r'fJ...-~._...--.--...-.r-.~""__._."'~-"...rt~,,_.....f..
. ..1.il[....; De ' .... ",{ 'eTiitiii.,~ '::Biid a;is '.i/I.L-O:7S0 1iwTe~ thirii:'the' Ori 'inaf'l iJl96' . ertitiitl
.i!ll9!Y.,_.._~..t;;!JR.~.__.g_...... .__!&.~..,,, .. ..,..... ....... ... -.'.' .... ....._.~..- ,g.... .......~-_._". Op, .. -.... 'g,.
.,.' ................
Eneineerinl!
Engineering Services
Increase $89,460
The original budget anticipated the retirement of two long term employees in
January. These retirement dates have now been established at the end of May
for one employee, and still pending for the second. In addition, the mid year
adjustment includes funding for an additional position of Architect through the
end of the fiscal year. All program increases are offset by savings in the Traffic
Field Operations program.
The Mid Year Amended Bud~et for the Enl!ineerinl! Services PrOf!ram is $89.460 more than the Original 1995/96
Operating Budget.
...
-11-
City or Clearwater
GENERAL FUND
Mid Year Expenditures
FY 1995-96
Traffic Engineering
Decrease $450
The budget amendment reflects savings in employee pension costs,
The Mid Year Amended Budget for the Tramc Eneineerine Pr01!ram is $450 less than the Original 1995/96
Operating Budget,
... .
'.'
~
Traffic Field Operations
Decrease $103,100
The budget amendment primarily reflects anticipated savings in electrical utility
costs for City Street Lighting,
The Mid Year Amended Budget for the Traffic Field Operations Proeram is $103.100 less than the Original
1995/96 Operating Budget.
'.. .,
Airnark
No amendmen/s are proposed at mid year,
The Mid Year Amended Budget for the Airpark is equal to the Original 1995/96 Operating Budget,
. -,._- "'," ~. ", -~ ..---............--. --..,
Public Works
Administration
Increase $7,320
The budget amendment reflects operating costs increases in telephone costs and
operating supplies. offset by savings in the Heavy Equipment Operations
program,
The Mid Year Amended Budget for the Public Works - Administration ~m is $7.320 more than the Original
1995/96 Operating Budget,
..... '.'
Heavy Equipment Operations
Decrease $10,060
The budget amendment reflects salary savings due to a posItIon vacancy,
providing funds to offset the increase in the Administration program,
... .
'.'
. _u _ '__..
SaiJine Center
No amendmen/s are proposed at mid year,
The Mid Year Amended Budget for the Sailin~ Center is equal to the Original 1995/96 Operating Budget,
'.'
Non-Departmental
Program Increase
$623,480
Personal Service - Increase $79.860
The budget amendment provides an increase in unappropriated retained earnings
representing the closing of Bridge Fund retained earnings at the year end
1994/95 audit to the General Fund closing the Bridge Fund, This increase
-12-
.:.,. ~, '
City of Clearwater
GENERAL F1JND
Mid Year ExpendiJures
FY 1995-96
provides for the salaries of Bridge Fund employees remaining on the payroll
into early November 1995.
Transfers - Increase $ 543.620
The budget amendment reflects the appropriation of retained earnings of the
General Fund to the Capital Improvement Fund in the amount of $16,820 for
the shop drawing review for the ar~hitectural services for the Pier 60 Park as
approved by the Commission on 5/2/96.
The budget amendment reflects the appropriation of $500,000 to the Special
Program project 181-99916, Employee Retirement Fund, to replenish the
project funding availability to approximately $1 million at the beginning of FY
1996/97 .
The budget amendment reflects the appropriation of $20,000 of operating
savings to the Special Program Fund to establish a project for a managerial
"internship" program.
'The budget amendment reflects the appropriation of $53,500 for to Capital
Improvement project 315-94707, Central Permitting/Community Response
Software, for the purchase of this software as approved by the City Commission
on 5/2/96.
The budget amendment reflects the return of $46,700 of General Fund revenues
from Capital Improvement project 315-93469, Sand Key Bridge R&R, to close
the project which is now complete.
:.:
'.
..
-13-
GENERAL FUND
EXPENDITURE REVIEW
MID YEAR - October 1,1995 to March 31,1996
FY 95/96 Prey Qtr
Original Amended Mid Year Mid Year Amended
PROGRAM Budget Budget Projection Actual Variance % Adjustment Budget %
CITY COMMISSION 180,530 190,530 102,483 88,865 13,618 13% 18,000 208,530 16%
ADMINISTRATION -
CITY MANAGER 669,210 563,210 257,286 275,219 -17,933 -7% 0 563,210 -16%
OFFICE OF MGMT & BUDGET 174,530 174,530 90,379 88,464 1,915 2% 0 174,530 0%
HUMAN RELATIONS
Compliance Program 357,880 357,880 185,385 174,262 11 ,123 6% 0 357,880 0%
Community Program 306,110 306,110 159,781 143,462 16,319 10% 0 306,110 0%
INTERNAL AUDIT 159,230 152,030 74,165 67,367 6,798 9% -6,250 145,780 -8%
ORGANIZATIONAL & EMP DE 0 171,090 171,100 118,220 58,880 33% 0 177,090
TOURISM DEVELOPMENT OF 0 80,000 30,000 10,908 19,092 64% 0 80,000
COMMUNITY RESPONSE TEA 532,170 532,170 298,468 300,694 -2,226 -1% 0 532,170 0%
Sub-total: 2,199,130 2,343,020 1,272,564 1,178,596 93,968 7% -6,250 2,336,770 6%
LEGAL 1,087,150 1,087,150 543,982 446,495 97,487 18% -23,630 1,063,520 -2%
CITY CLERK 648,870 675,370 383,809 330,428 53,381 14% -4,270 671,100 3%
INFORMATION MANAGEMENT
Community Outreach 505,310 540,310 295,234 268,871 26,363 9% 0 540,310 7%
FINANCE 1,353,750 1,353,750 712,175 700,293 11,882 2% 0 1,353,750 0%
HUMAN RESOURCES
Administration 204,280 203,470 104,771 117,172 -12,401 -12% 10,740 214,210 5%
Recruitment & Selection 273,390 218.180 109,390 98,534 10,856 10% -230 218,550 -20%
Emp Development & Retention 231,970 117,500 58,750 52,448 6,302 11% -2,010 115,490 -50%
Emp Relations 166,160 166,160 84,633 85,853 -1,220 -1% 0 166,160 0%
Sub-total: 875,800 705,910 357,544 354,007 3,537 1% 8,500 714,410 -18%
POLICE DEPARTMENT
Office of the Chief 743,340 743,340 384,996 366,115 18,881 5% -3,200 740,140 0%
Criminal Investigations 3,676,220 3,676,220 1,915,972 1,666,437 249,535 13% 22,000 3,698,220 1%
Patrol 10,543,490 10,559,890 5,558,164 5,621,376 -63,212 -1% -64,720 10,495,170 0%
Support Services 4,177,010 4,171,010 2,128,361 1,630,129 498,232 23% -44,980 4,132,030 -1%
Communications 2,832,430 2,832,430 1,477,709 1,372,744 104,965 7% 21,180 2,853,610 1%
Sub-total: 21,972,490 21,988,890 11,465,202 10,656,801 808,401 7% -69,720 21,919,170 0%
FIRE DEPARTMENT
Administration 334,860 334,860 178,250 178,440 -190 0% 910 335,770 0%
Support Services 1,153,110 1,153,110 538,897 445,052 93,845 17% -194,570 958,540 -17%
Fire PreventionlEmg Mgmt 393,540 393,540 199,528 212,069 -12,541 -6% 16,410 409,950 4%
Fire Suppression 5,955,570 5,955,570 3,564,529 3,659,976 -95,447 -3% 181 ,380 6,136,950 3%
Emergency Medical Services 2,333,980 2,333,980 1,230,802 1,181,644 49,158 4% -37,470 2,296,510 -2%
Sub-total: 10,171,060 10,171,060 5,712,006 5,677,181 34,825 1% -33,340 10,137,720 OOh
-14-
.' ,: "" ,~,_,. ., " .', . " ~4'. ":,;"",_"_~~4"'.~~':':1'*"'"
GENERAL FUND
EXPENDITURE REVIEW
MID YEAR - October 1,1995 to March 31, 1996
FY 95/96 Prey Qtr
PROGRAM Original Amended Mid Year Mid Year Amended
Budget Budget Projection Actual Variance % Adjustment Budget %
CENTRAL PERMITTING
Administration 503,710 503,710 251,714 223.435 28.279 11% -6,220 497,490 -1%
Development Technical Svcs 537,940 537,940 281,015 261.520 19,495 7% -20,000 517,940 -4%
Construction Technical Svcs 813,020 813,020 425,652 492,234 -66.582 -16% 26.220 839.240 3%
Sub-total: 1.854,670 1,854,670 958,381 977.189 -18,808 -2% 0 1,854.670 0%
ECONOMIC DEVELOPMENT 470,810 470.810 241,897 220.085 21,812 9% 0 470,810 0%
PARKS & RECREA nON
Administration 719,440 719,440 367,411 378,391 -10,980 -3% 22.065 741,505 3%
Recreation Programming 3,499,000 3,499,000 1,739,665 1,587,325 152,340 9% 21,014 3,520,014 1%
Recreation Facility Maint 2.344.000 2.344,000 1,196,260 1,145,738 50,522 4% -4,651 2,339,349 0%
Nursery 1,314,130 1.314,130 670,425 667,410 3,015 0% -21,763 1.292,367 -2%
Parks Maintenance 2.284,680 2.284,680 1,126,603 1,045,222 81,381 7% -22,834 2,261,846 -1%
Sub-total: 10,161,250 10,161,250 5,100,364 4,824,086 276,278 5% -6,169 10,155,081 0%
LIBRARY
Administration 520.380 520,380 268,732 269,607 -875 0% 10,730 531, 110 2%
Public Services 1,154.050 1.154,050 821,388 818,893 2,495 0% 6.900 1.160.950 1%
Technical Services 776.540 776.540 399,886 412,487 -12,601 -3% 4,120 780,660 1%
Extension Services 938.610 938.610 486.177 480,069 6,108 1% 0 938,610 0%
Cooperative Services 536,060 536,060 378,755 374.504 4,251 1% -1,000 535.060 0%
Sutrtotal: 3,925,640 3,925,640 2,354,938 2.355,560 -622 0% 20,750 3.946.390 1%
ENGINEERING
Engineering Services 2,100,360 2,100,360 1,099,515 1,127,822 -28.307 -3% 89,460 2.189.820 4%
Traffic Engineering 490.420 490,420 253,211 235,812 17,399 7% -450 489,970 0%
Traffic Field Operations 1,978.720 1,978,720 1,001,371 777,976 223.395 22% -103.100 1.875,620 -5%
Environmental Administration 131,640 131,640 65,817 63,582 2,235 3% 0 131,640 0%
EnvironmentaVRegulatory 119,770 119,770 64,017 59,454 4,563 7% 0 119,770 0%
Sub-total: 4,820,910 4,020,910 2,483,931 2,264,646 219,285 9% -14,090 4,806,820 0%
ENGINEERING/Airpark 61,480 61 ,480 33,742 13,215 20,527 61% 0 61,480 0%
PUBLIC WORKS
Administration 325.,380 325.380 166,006 169,688 -3,682 -2% 7,320 332,700 2%
Streets & Sidewalks 839,640 839,640 432,273 425,225 7,048 2% 0 839.640 0%
Heavy Equipment Operations 472,000 472,000 241,194 230,226 10,968 5% -10,060 461.940 -2%
Sub-total: 1,637,020 1,637,020 839,473 825,139 14,334 2% -2,740 1,634,280 0%
MARINE/Sailing Center 122,690 122,690 62,841 56,249 6,592 10% 0 122,690 0%
NON.DEPARTMENTAL 3,688,410 6,125.448 4,849,274 4,988,880 -139,606 -3% 623,480 6,748.928 83%
TOTAL-GENERAL FUND 65,736,970 68,235,908 37,769,840 36,226,586 1,543,254 4% 510,521 68,746,429 5%
-15-
City of Clearwater
lJ'1UITY FUNDS
Mid Year Revenues
FY 1995-96
Water and Sewer Fund
Operating Revenue
Decrease $2,184,580
As noted at first quarter, the approved budget reflected an error in the
computation of the 16% pass through from Pinellas County on wholesale water
charges, which was not addressed by the Office of Management and Budget until
the annual budget was approved. This will correct the negative variances in
operating revenues, and will not effect the fmancial stability of the Water and
Sewer Fund.
Water Sales - Water sales revenues are approximately 12% higher than actual receipts for the same period
last year.
Sewer Sales - Receipts of sewer revenues are approximately as projected at first quarter, and about equal to
actual receipts for the same period last year.
Other Revenue
Increase $962,000
The budget amendment primarily reflects an adjustment to the anticipated cash
pool interest earnings for the fiscal year, which is more in line with fiscal year
1994/95 actual earnings,
Other Financing
Increase $881,766
The budget amendment reflects anticipated decreases in revenues from water
impact fees, fire line detectors, and sewer impact fees totaling approximately
$185,000. This is offset by the appropriation of unappropriated retained earnings
in the Water and Sewer Fund of $395,700 to the Capital Improvement Fund to
provide funding for reclaimed water for Island Estates (approved 12/7/95).
$58,516 to provide funding to establish a project to implement a utility rate study,
$281,610 to provide additional funding for Main Construction, and $330,940 to
offset operating budget expenditures,
...
.+'
Gas Fund
Operating Revenue
Decrease $1,663,600
Anticipated operating revenues are decreased as a result of flawed ratios
of customers and therm consumption by rate groupings which
incorrectly calculated the impact of the Phase I rates.
Otl1er Operating
Decrease $187,600
The budget amendment reflects a reduction of Gas Energy Conservation
revenues by $135,000 as a result of over estimating the first year of this
revenue, and a decrease of $147,000 in Pine lIas installation charges
which were also overestimated, with anticipate increases in gas
environmental revenues ($34,000), PGA revenues ($32,400), LP sales
in Pine lIas County ($37,600), as well as otllcr minor revenue
adjustments,
-16-
City of Clearwater
UTILITY FUNDS
Mid Year Revenues
FY 1995-96
Other Revenue
Increase $997 ,213
The budget amendment reflect increases in franchise fee ($397,098) as a
result of calculating the fee on the total gas bill, gross receipts tax
($339,345), and increases in capitalized labor for Pasco County
operations .
Other Financing Sources
Increase $1,401,476
The budget increase reflects a loan from the cash pool of $1,281,386
offsetting Commission approved budget transfers of revenues to Pasco
capital projects as an interim measure or loan from the cash pool until
the Pasco Gas Bonds are issued, and an increase of $120,090 of prior
year retained earnings representing an increase in the dividend to the
cash pool which is in line with the recent proposed Gas Strategic Plan..
.... --
...+.
".~-_. ..
Solid Waste Fund
Operating Revenue
Decrease $50,000
The budget amendment reflects a small adjustment (less than 1 %) in
anticipated collection charges for the year.
Other Operating
Increase $2,000
The amendment reflects a small anticipated increase in the sale of
recyclables.
Other Revenue
Increase $60,910
The budget amendment reflects an increase in anticipated interest
earnings based on actual earnings for the fIrst six months of the year.
Other Financing Sources
Increase $6,700
The budget increase reflects the appropriation of prior year revenues to
provide funding to establish a project to implement a utility rate study.
... .
--.......
........
Storm water Utility
Operating Revenue - Operating revenues for the Stormwater Fund are approximately as budgeted at mid
year. The negative variance in Other Revenue is due to the timing of the distribution of Capitalized Labor
costs.
Other Revenue
Increase $5,330
The budget amendment primarily reflects an increase in anticipated
interest earnings for the fIscal year.
Other Financing Sources
Increase $13,110
The budget increase reflects the appropriation of prior year revenues to
provide funding to the Capital Improvement
-17-
City of Clearwater
UfILITY FUNDS
Mid Year Revenues
FY 1995-96
Recycling Fund
Operating Revenue
Decrease $74,200
Operating revenues amendments decrease anticipate operating revenues
in the Residential and Multi-Family programs..
Other Operating
Decrease $173,600
Revenues from the sale of recyclables are decreased by $217.600
reflecting the low selling prices for cardboard, newspaper and plastic
coupled with decreased volume in newspaper and plastic offset with
an increase in anticipated interest earnings and late payment fees.
,.
'.
Other Revenue
Decrease $2,000
Reflects an anticipated decrease in other miscellaneous revenues.
..
-+.....- -..... . . -"..-
-18-
, .' .' . fO, ., -'.. -,.
. ..
UTILITY FUNDS
REVENUE REVIEW
MID YEAR. October 1,1995 to March 31,1996
FY 95/96 1st Quarter
Original Amended Mid Year Mid Year Amended
Budget Budget Projection Actual Variance "!. Adjustment Budget "J.
WATER AND SEWER FUND
Operating Revenue
Water Revenue 17,302,600 17,302,600 8,651,298 7,199,254 -1,452,044 -17% -2,184,580 15,118,020 -13%
Sewer Revenue 15,350,000 15,350,000 7,434,000 7,453,420 19,420 0% 0 15,350,000 0%
Reclaimed Water 75,000 75,000 37,500 36,807 -593 -2% 0 75,000 0%
Total Operating Revenue 32,727,600 32,727,600 16,122,798 14,689,481 -1,433,317 -9% -2,184,580 30,543,020 -7%
Other Operating 986,000 986,000 493,002 413,194 -79,808 -16% -5,000 980,000 -1%
Other Revenue 2,347,500 2,347,500 1,173,744 1,020,035 -153,709 -13% 968,000 3,315,500 41%
Other (Non-Revenue)
Financing Sources 400,000 400,000 200,004 89,785 -110,219 -55% 881,766 1,281,766 220%
Total, Water and Sewer Fund 36,461,100 36,461,100 17,989,548 16,212,495 -1,777,053 -10% -340,814 36,120,286 -1%
GAS FUND
Operating Revenue 15,315,000 15,315,000 8,286,610 7,728,817 -557,793 -7% -1,663,600 13,551,400 -12%
Other Operating 1,529,700 1,529,700 794,605 434,352 -360,253 -45% -187,600 1,342,100 -12%
Other Revenue 1,211,270 1,211,270 603,465 899,088 295,623 49% 997,213 2,208,483 82%
Other (Non-Revenue)
Financing Sources 1,000,000 3,734,755 0 0 0 1,401,476 5,136,231 414%
Total, Gas Fund 19,055,970 21,790,725 9,684,680 9,062,257 -622,423 -6% 547,489 22,238,214 17%
SOLID WASTE FUND
Operating Revenue 11,776,000 11,776,000 5,907,000 5,824,573 -82,427 -1% -50,000 11,726,000 0%
Other Operating 88,000 88,000 43,998 46,412 2,414 5% 2,000 90,000 2%
Other Revenue 332,330 332,330 166,170 205,561 39,391 24% 60,910 393,240 18%
Other (Non-Revenue)
Financing Sources 19,120 43,000 0 0 0 n/a 6,700 49,700 160%
Total, Solid Waste Fund 12,215,450 12,239,330 6,117,168 6,076,546 -40,622 -1% 19,610 12,258,940 0%
STORMWATER FUND
Operating Revenue 3,403,000 3,403,000 1,701,498 1,706,713 5,215 0% 0 3,403,000 0%
Other Revenue 757,630 757,630 378,816 118,158 -260,658 -69% 5,330 762,960 1%
Other (Non-Revenue) 0 1,140 0 0 0 n/a 13,110 14,250
Financing Sources
Total, Stonnwater Fund 4,160,630 4,161.770 2,080,314 1,824,871 -255,443 -12% 18,440 4,180,210 0%
RECYCLING FUND
Operating Revenue 1,209,700 1,177,270 572,418 513,955 -58,463 -10% -74,200 1,103,070 -9%
Other Operating 1,129,400 1,003,790 396,742 413,402 16,660 4% -173,600 830,190 -26%
Other Revenue 2,000 2,000 0 0 n/a -2,000 o -100%
Total, Recycling Fund 2,341,100 2,183,060 969,160 927,357 -41,803 -4% -249,800 1,933,260 -17%
TOTAL, UTILITY FUNDS 74,234,250 76,835,985 36,840,870 34,103,526 -2,737,344 -7% -5,075 76,730,910 3%
-19-
City o/Clearwater
UfILITY FUNDS
Mid Year Expenditures
FYl995-96
Water and Sewer Fund
The large positive variance ($527,799) in the Non-Departmental program of the Water & Sewer Fund is only a
timing difference in the transfer of funding for the payment of bond issue costs.
Sanitary Sewers
Program Increase $24,720
The budget increase is necessary due to the retirement of a long-time employee in
February 1996 who received a lump sum payment for sick and vacation leave in the
amount of $38,930, which was not anticipated in the original budget. This increase is
offset by savings in the Water Supply program.
The net mid year budszet amendment for the SanitarY Sewer program is an increase of $24.720, and the Mid Year
Amended Budget for the Sanitary Sewers program is $59,965 more than the Original 1995/96 Operating Budget.
........ . .
..... .' .. .' .. ..... ....
Water Supply
Program Decrease $30,840
The budget amendment reflects salary savings and other operating savings offsetting
program increases in Sanitary Sewers and Water Support Services.
The Mid Year Amended Budget for the Water Supply program is $30,840 less than the Original 1995/96
Operating Budget.
~.~ ----.-~~.'IlI..-....--.----.-
Water Distribution
Program Increase . $706,568
The budget increase reflect the transfer of funds to the Capital Improvement program in
the amount of $395,700 representing the appropriation of prior year retained earnings of
the Water and Sewer Fund for engineering services for Island Estates Reclaimed Water;
the transfer of $281,610 of unappropriated retained earnings to Capital Improvement
project 315.96707, Main Construction; and the transfer of $29,258 to the Capital
Improvement Fund to provide funding for the implementation of a Utility rate study to
evaluate the rates and rate structures of the City's solid waste, water, sewer and
stonnwater utilities.
The net mid year budget amendment for the Water Distribution pr02l'am is an increase of $707 .018, and the Mid
Year Amended Budget for the Water Distribution program is $742,263 more than the Original 1995/96
Operating Budget.
. '" ..... .......-.. ~... ....- ..,. .., ....
Water Support
Services
Program Increase $30,880
The budget increase is necessary due to the retirement of a long-time employee in March
1996 who received a lump sum payment for sick and vacation leave in the amount of
$44,570, which was not anticipated in the original budget. This increase is partially
offset by savings in the Water Supply program.
......'.....M' ...., "_.
-20-
"
City of Cleanvater
UTILITY FUNDS
Mid Year Expenditures
FYl995-96
Water Pollution
Control Program Decrease $120,742
The budget amendment reflects savings in anticipated annual electrical costs of $150,000
for the Wastewater Treatment plants, and a the transfer of $29,258 to the Capital
Improvement Fund to provide funding for the implementation of a Utility rate study to
evaluate the rates and rate structures of the City's solid waste, water, sewer and
stormwater utilities.
The Mid Year Amended Budget for the Water Pollution Control program is $120,742 less than the Original
1995/96 Operating Budget.
....
Gas Fund
The First Quarter amendments to the Gas Fund reflected the transfer of $2,721,115 (Pasco Gas Operations program)
to Capital projects representing a loan from the cash pool for Pasco projects previously approved by the City
Commission, and a net budget decrease of $769,602 for all other operational savings across all Gas programs.
Adm in llOtratiOD
& Supply
Program Increase $66,497
The program increase is primarily the result of an increase in fuel costs.
The net mid year budget amendment for the Administration and Supply program is an increase of $66,497, and the
Mid Year Amended Budget for the Administration and Supply program is $190,175 less than the Original
1995/96 Operating Budget.
," . ..... '.''-<'''-'-' ---..
PineUas Gas
Operations
Program Increase $260,850
The program increase is the result of additional maintenance services necessary in Pinellas
County as well as increase of inventory purchases for resale due to the volume of new
installations and those that will be installed in the balance of the current year.
The net mid vear budget amendment for the Pinellas Gas Ooerations proJ!ram is an increase of $260.850, and the
Mid Year Amended Budget for the Pinellas Gas Operations program is $143,510 less than the Original 1995/96
Operating Budget,
'..
Pasco Gas
Operations
Program Increase $1,075,896
An increase of $1,281,386 reflects the transfer of revenues to Pasco capital projects
representing a loan from the cash pool until the Pasco Gas Bonds are issued this summer.
All of these related transfers have been previously approved by the City Commission and
are detailed in the Capital Improvement Summary. This increase is offset by program
savings of $205,490 partially due to the delays in the construction in Pasco with the
territorial dispute as well as the transfer of program costs to the Pinellas Gas operations to
support maintenance operations in Pinellas.
The net mid vear budS!et amendment for the Pasco Gas Ooerations program is an increase of $1.075.896, and the
Mid Year Amended Budget for the Pasco Gas Operations program is $3,918,161 more than the Original 1995/96
Operating Budget.
-21-
, _. . __ .. ..- .---.--;--- ---.-- . -. ..... .... . . I
City ofCkanvater
U11LITY FUNDS
Mid Year Expenditures
FYl995-96
Gas Marketing &
Pinellas Sales
Program Decrease $9,950
The program reflects several line item adjustments resulting in an overall program savings
at mid year.
The net mid year budget amendment for Gas Marketing and Pinellas Sales is a decrease of $9.950, and the Mid Year
Amended Budget for Gas Marketing and PineUas Sales program is $249,670 less than the Original 1995/96
Operating Budget.
- +--- -.- ---
Solid Waste Fund
Administration
Program Increase $18,810
The budget increase reflects the transfer of $14,630 of Solid Waste revenues to the
Capital Improvement program to provide funding for the implementation of a Utility rate
study to evaluate the rates and rate structures of the City's solid waste, water, sewer and
stormwater utilities. Other small increases in line numerous line items totaling $4,180 are
offset by savings in other Solid Waste programs.
The net mid year budget amendment for the Solid Waste-Administration program is an increase of $18.810, and the
Mid Year Amended Budget for the Adminlcotration program is $42,690 more than the Original 1995/96
Operating Budget.
--- -...--~-.-- - -
Collection
Program Increase $9,200
The program increase reflects a small increase in County Dump fees. This increase is
offset by savings in the Container Maintenance program.
The Mid Year Amended Budget for the Collection program is $9,200 more than the Original 1995/96 Operating
Budget.
__...,_.,.. - ..............'..__ ....n.... _.
Transfer
Program Decrease $5,030
The program decrease reflects a savings in several line items offsetting budget increases in
Administration and Collection
The Mid Year Amended Budget for the Transfer program is $5,030 less than the Original 1995/96 Operating
Budget.
.".~_.~. ~_....,_..~-~._.._..
Container
Maintel18DCe
Program Decrease $11,800
The program decrease reflects a savings in several line items offsetting budget increases in
Administration and Collection
The Mid Year Amended Budget for the Container Maintenance program is $11,800 less than the Original
1995/96 Operating Budget.
-22-
. ....... ' _ __~_'___'_,___,.# _~_~ _ ~ ._-' ~ M _' _~"'~' . ~~'{. \' . ~ ..' I '
City of Clearwater
UTILITY FUNDS
Mid Year Expenditures
FYl995-96
Stormwater
Watershed
Management
Program Decrease
The program reflects small savings in personal service costs.
$1,060
The Mid Year Amended Budget for the Watershed Management program is $1,060 I~ than the Original
1995/96 Operating Budget.
..- _ _ ,_..-...- -+-- --- .-.-..-
Stormwater Utility
Program Increase $19,500
The mid year amendment reflects the transfer of $35,000 to Capital Improvement project
315-96105, Habitat Restoration Improvements, to provide funding for ditch spraying, etc.
and is offset by savings in contractual services within the Stonnwater program; an
increase in debt service costs for the purchase of sewer cleaning vehicle as approved by
the City Commission on 1/4/96 which is offset by other program savings; and the
program increase of $19,500 to provide funding for the implementation of a Utility rate
study to evaluate the rates and rate structures of the City's solid waste, water, sewer and
stonnwater utilities.
The net mid year budg:et amendment for the Stormwater Utility program is an increase of $19.500, and the Mid Year
Amended Budget ror the Administration program is $20,640 more than the Original 1995/96 Operating Budget.
_._-~-. ---
Recvc~ Fund
Residential
Program Decrease $240
The budget amendment reflects numerous line item adjustments resulting in an overall
program decrease of $240.
The net mid year budget amendment for the Residential Recvc1in~ program is a decrease of $240, and the Mid Year
Amended Budget for the Residential program is $19,370 more than the Original 1995/96 Operating Budget.
.....-_.. .... --. ~.__....._._.._-_._.-
Multifamily Program
The program amendment in Multifamily results in no change to the bottom line program expenditures, but does
include the conversion of a sales representative position to an equipment operator position. Savings in the City's
portion of the employee's pension plan and the delaying of hiring another position is adequate to fund the new
equipment operator for the remainder of the fiscal year.
r- .-".__~.'~..- ..='~...'"'..~...__..~...,_
Commercial Program Program Decrease $208,890
The program reflects the return of $100,000 from Capital Improvement project 315-
96104, Commercial Container Acquisition, and an reduction of inventory purchases as
well as other small program amendments resulting in an overall decrease of $208,890 in
the program.
The Mid Year Amended Budget ror the Commercial Recycling program is $208,890 less than the Original
1995/96 Operating Budget.
-23-
.,,- - --. .
. ,'" i
UTILITY FUNDS
EXPENDITURE REVIEW
MID YEAR - October 1.1995 - March 31, 1996
FY 95/96 PrevQtr
Original Amended Mid Year Mid Year Amended
Program Budget Budget Projection Actual Variance % Adjustment Budget %
WATER & SEWER FUND
Sanitary Sewers 1,191,840 1,227,085 656,786 674.755 -17,969 -3% 24,720 1,251,805 5%
Sewer lSlMotor Shop 959,580 959,580 493,995 481,739 12,256 2% 0 959,580 0%
Water Supply 8,371,370 8,371,370 3,995,548 4,168,829 -173,281 -4% -30.840 8,340,530 0%
Water Distribution 5,124,430 5,159,675 2,863,133 2,730,765 132368 5% 706.568 5,866,243 14%
Water Support Services 621,140 621,140 324,403 340,306 -15,903 -5% 30.880 652,020 5%
Water Pollution Control 12,222,550 12,222,550 7,703,372 7,175,573 527,799 7% -120.742 12,101,808 -1%
Non-Oepartmental 6,948,300 6,948,300 3,473,150 2,895,123 578,027 17% 0 6,948,300 0%
TOTAl WATER & SEWER FUND: 35,439,210 35,509,700 19,510,387 18,467,090 1,043,297 5% 610,586 36,120,286 2%
GAS FUND
Administration & Supply 12,177,210 11,920,538 5,934,917 5,998,373 -63,456 -1% 66.497 11,987,035 -2%
PlneDas Gas Operations 3,685.690 3,281,330 1,541,016 1,736,383 -195,367 -13% 260,850 3,542,180 -4%
Pasco Gas Operations 544,920 3,387,185 3,245,248 2,872,240 373,008 11% 1,075,896 4,463,081 719%
Gas Marketing & Pinellas Sales 1,590,190 1,350,470 562,227 704,977 -142,750 -25% -9.950 1,340,520 -16%
TOTAl GAS FUND: 17,998,010 19,939,523 11,263,408 11,311,973 -28,565 0% 1,393,293 21,332,816 19%
SOUD WASTE FUND
Administration 869,670 893,550 468,430 443,697 24,733 5% 18,810 912,360 5%
Collection 9,970,400 9,970,400 5,113,520 4,876,116 237,404 5% 9,200 9,979,600 0% ' '
Transfer 973,950 973,950 529,632 503,164 26,468 5% -5,030 968,920 -1%
Container Maintenance 401,430 401,430 205,859 180,735 25,124 12% -11,800 389,630 -3% I :
I
TOTAL SOLID WASTE FUND: 12,215,450 12,239,330 6,317,441 6,003,712 313,729 5% 11, 180 12,250,510 0%
STORMWA TER UTILITY FUND
Watershed Management 2,163,640 2,163,640 1,722,411 1,681,109 41,302 2% -1,060 2,162,580 0%
EnvlronmentallRegulatory 57,450 57,450 31,418 28,413 3,005 10% 0 57,450 0%
Stonnwater Utility 1,939,540 1,940,680 1,004,794 973,368 31,426 3% 19,500 1,960,180 1%
TOTAL STORMWATER UTIL FUN 4,160,630 4,161,770 2,758,623 2,682,890 75,733 3% 18,440 4,180,210 0%
RECYCUNG FUND
Residential Program 977,120 996,730 613,472 421.820 191,652 31% -240 996,490 2%
Multl-Family Program 388,950 345,400 163,722 144,421 19,301 12% 0 345,400 -11%
Commercial Program 762,610 762,610 463,060 382,241 80,819 17% -208,890 553,720 -27%
TOTAL RECYCLING FUND: 2,128,680 2,104,740 1,240,254 948,462 291,772 24% -209,130 1,895,610 -11%
TOTAL. UTILITY FUNDS 71,941,980 73,955,063 41,110,113 39,414,147 1,695,966 4% 1,824,369 75,779.432 S.I.
-24-
.-' ~ ~ ..:' ~ --- -- - ,. . II ,
City or Clearnater
OTHER ENTERPRISE FUNDS
Mid Year Revenues
FY 1995-96
Marina Fund
Slip Rentals - Slip rentals are approximately $16,534, or 4% below estimates at mid year, but 2% above actual
collections for the same period last year.
Gas and Oil Sales - Gas and oil sales are approximately as estimated at mid year, and 22 % above actual collections
for the same period last year.
Other Revenues Decrease $3,800
The budget amendment primarily reflects small savings in telephone commissions, water
sales, and other miscellaneous.
... ._..."....H..."" ...,."._....._ _
Pier 60 Fund
Pier 60 revenues are lower than projected because of the severe cold weather during the winter months, outbreaks of
red tide, construction on Pier Park which partially blocked the entrance to Pier 60, and the loss of parking spaces due
to the Pier Park Construction.
AdrnksiODs
SaJesJRentals
Other Revenues
Decrease
Decrease
Decrease
$42,500
$45,540
$4,000
Other Financing
Increase $73,370
The budget amendment reflects an increase in the appropriation of prior year
retained earnings due to offset the budgeted expenditures. This is in effect
represents a loan from the cash pool to the Pier 60 Fund.
_.. -- ~-_._~+. ~ .-.
Parkin214Und
Parkim! Receipts - Parking receipts are approximately $59,344, or 7%, below anticipated collections at mid year,
and approximately 2 % below collections for the same period last year. The lower than anticipated revenues are a
result of the unusual cold winter that we experienced. No amendment is proposed at mid year pending further
analysis at third quarter.
Other Revenue - The large negative variance in Other Revenues is almost entirely due to a timing variance in
the receipt of funds from Pinellas County supporting the Beach Guards.
Other Fmancing Increase $4,930
The budget amendment provides for the appropriation of prior year retained earnings to provide funding for a
more detailed turnover/occupancy study of the Marine parking lot (lot # 30) in conjunction with the agreement
with Kimberly-Horn and Associates to conduct a beach parking facility study.
- "' '_, . _. .+' _h __. __a
Harborview Center
No amendments are proposed at mid year.
.. . -"'.--"-'-' . .+. ..... ..."" '-''''-<0
-25-
~... --~--------- - . ...-. . - ~ - ."
ENTERPRISE FUNDS
REVENUE REVIEW
MID YEAR. October 1,1995 to March 31,1996
FY 95196 1 st Quarter
Ortglnal Amended
Budget Budget
Mid Year
Projection
Mid Year
Actual
Variance
Amount
%
Adjustment
Mid Year
Amended
Budget
'I.
MARINE FUND
Operating Revenues
Sales 925,600 925,600 389,383 386,716 -2,667 -1% 0 925,600 0%
Rentals 738,000 738,000 369,000 352,466 -16,534 -4% 0 738,000 0%
Other Revenues 191,420 191,420 95,706 86,031 -9,675 -10% -3,800 187,620 -2%
Other (Non-Revenue)
Financing Sources 0 0 0 0 0 nla 0 0 nla
Total, MARINE 1,855,020 1,855,020 854,089 825,213 -28,876 -3% -3,800 1,851,220 0%
PIER 60
Operating Revenues
Admissions 168,500 168,500 84,246 50,659 -33,587 -40% -42,500 126,000 -25%
SaleslRentals 159,840 159,840 79,914 48,186 -31,728 -40% -45,540 114.300 -28%
Other Revenues 7,000 7,000 3.498 1,326 -2,172 -62% -4,000 3,000 -57%
Other (Non-Revenue)
Financing Sources 0 9,070 9,070 9,070 0 0% 73,370 82,440 nla
Total, PIER 60 335,340 344,410 176,728 109,241 -67,487 -38% -18,670 325,740 -3%
PARKING FUND
Operating Revenues
Pamlng Receipts 2,292,400 2,292,400 832,400 173,056 -59,344 -7% 0 2,292,400 0%
Other Revenues 262.790 262,790 131,394 97,174 -34,220 -26% 0 262,790 0%
Other (Non-Revenue)
Financing Sources 30,900 171,176 0 0 0 nla 4,930 176,106 470%
Total, PARKING 2,586,090 2,726,366 963,794 870,230 -93,564 .10.'" 4,930 2,731,296 6%
HARBORVIEW CENTER FUND
Operating Revenues
Other Revenues
Total, HARBORVlEW CENTER
503,400
293.100
796,500
503,400
293,100
796,500
125,850
o
125,850
110,742
163
110.905
-15,108 -12%
163 nla
-14,945 -12%
o
o
o
503.400
293,100
796,500
0%
00,4
0%
Total, ENTERPRISE FUNDS
5,572,950
5.722,296
2,120,461
1,915.589
-204,872 .10%
.17,540
5,7CU,756
2%
-26-
- -' , ,-_. - -.....-... -' --...- ----- - , ~..~_.-..~..- ;," -: ..~ ' ,.,. ,. " ., ( .
Clearwater, Florida
OTHER ENTERPRISE FUNDS
t.fid Year ExpendiJures
FY 1995-96
Marina Operations
Operating expenditures for the Marina are approximately as anticipated at mid year.
No amendments are proposed for the Marina Fund at mid year.
The Mid Year Amended Budget for the Marina Fund Is equal to the Orlglnul 1995/96 operuting budget.
. - -" .~ . ~- ~
Pier 60 Operations
Personal Services
Increase $11,580
Personal Services were impacted due to the death of an employee and the
unexpected retirement of the supervisor. Positions were filled by a part-time
employees, and additional hours for training were needed for the replacement
employees.
Other Operating
Decrease $18,790
Budget decreases reflect projected savings In Inventory purchases and other line
item costs to offset the increase in Personal Services and the anticipated loss in
revenues at mid year.
The net mid vear amendment is a decrease of $7.210. and the Mid Year Amended Budeet for the Pier 60 Fund Is
$1.860 more than the 1995/96 Original Operating Budget.
-_._~.. .,~----- ._~~
Parkin2 Operations
Other Operating
Increase $4,930
The budget amendment provides for the appropriation of unappropriated retained
earnings of the Parking Fund to provide funding for a more detailed
turnover/occupancy study of the Marine parking lot (lot #30) in conjunction
with the agreement with Kimberly-Horn and Associates to conduct a beach
parking facility study .
The net mid vear budget amendment is an increase of $4.930, and the Mid Year Amended Budeet for the ParJdne
SyStem Pro2nun is $145.206 more than the 1995/96 Original Operating Budget.
1 ... .... ............... . .....".,.
Beach Guards
No amendments are proposed for the Beach Guard program at mid year.
The Mid Year Amended Budget for the Beach Guard Program is equal to the Original 1995/96 operating budget.
...--.. .~.=c-....... _...~._,._....."._._,
Harborview Center Operation~
No amendmellls are proposed for the Harborview Center program at mid year.
The Mid Year Amended Budget for the Harborview Center Program is equal to the Original 1995/% operating
budget.
~ .. , ... I'.'~'.' . . .._,-
-27-
\' ~- ~-'''.- ~-~---- .__._~- 't"',:J_--~-' - -' tlI I' . . ' .
ENTERPRISE FUNDS
EXPENDITURE REVIEW
MID YEAR - October 1, 1995 to March 31, 1996
Program
FY 95/96 Prey Qtr
Original Amended Mid Year Mid Year
Budget Budget Projection Actual Variance % Adjustment
Amended
Budget %
MARINE FUND:
MARINE OEPARTMENT .
Marina Operations
1,805,460 1,805,460
893,333
846,638
46,695 5%
o
1,805.460 0%
PIER 80 FUND:
MARINE OEPARTMENT -
Pier 60 Operations
323,880
332,950
172,947
172,845
102 0%
-7,210
325.740 1%
PARKING FUND:
ENGINEERING DEPARTMENT .
Parking System 2,201,950 2,342,226 1.321,166 1,263,634 57,532 4% 4,930 2,347.156 7%
MARINE DEPARTMENT -
Beach Guard Operations 384,140 384.140 177,006 156,404 20,602 12% 0 384,140 0%
TOTAL: 2.586.090 2,726.366 1.498,172 1.420,038 78,134 5% 4,930 2,731,296 6%
HARBORVlEW CENTER FUND:
Harborview Ctr Operations
796,500
796,500
398,250
335,387
62,863 16%
o
796,500 0%
TOTAL. ENTERPRISE FUND
6,611,930 5,661,276 2,962,702 2,774,908
187,794 6%
.2,280
5,658,996 3%
-28-
t;i"
'l"~."'" .
City of Clearwater
INTERNAL SERVICE FUNDS
Mid Year Revenues
FY 1995-96
General Services Fund
This fund accounts for the activities of General Services Administration and the Building and Maintenance programs.
No amendments are proposed at mid year.
~------- -- -+- --
Administrative Services Fund
This fund accounts for the Graphic Communication, Information Services, Purchasing and Utility Customer Service
programs.
No amendmen/s are proposed at mid year.
." '~+l""--'~
Gamge Fund
The Garage Fund accounts for the Fleet Maintenance and Radio Communication programs for the City.
Operating Revenue
Decrease $170,450
The budget amendment reflects the transfer of debt service costs for the
Police Radio Switch directly to the Police Operating Budget. This also
results in an offsetting decrease in the Radio Communications program
expenditures.
_.-_...--- ---,- ~+'I-'-- -~.. II(
Central Insurance Fund
The Central Insurance Fund includes the Finance Department - Risk Management program, the Human Resource
Department - Employee Benefits program, and the Non-Departmental program accounting for City-wide insurance
expenditures.
No amendments are p~oposed at mid year.
.
. .
, i
I 1
'.
I ;
..._..~-.._.~~ + .~___I"U_.r-.~_
I '
-29-
INTERNAL SERVICE FUNDS
REVENUE REVIEW
MID YEAR.. October 1, 1995 to March 31, 1996
FV 95/96
Original
Budget
Mid Year Amended
Budget
AdJulbnent Amount %
1st Quarter
Amended Mid Vear
Budget Projection
Mid Year
Actual
Variance
Amount %
General Services
2,921,480 2,251,800 1.156,678 1,187,324 30,646 3%
o 2,251,800 -23%
Adnl.n.stratlve Services
4.563,430 5,429,156 2,616,537 2,578.001 -38.536 -1%
o 5,429.156 19%
Garage Fund
8.483,980 8,483.980 4,236,996 4.334.488 97.492 2% -170.450 8,313.530 -2%
Central Insurance
8,238,730 8.238.730 4.119.366 4,022,672 -96,694 -2%
o 8,238.730 0%
TOTAL, INTERNAL
SERVICE FUNDS
24,207,620 24.403,666 12.129,577 12.122.485
-7,092 0% -170,450 24,233,216 0%
-30-
City of Clearwater
INTERNAL SERVICE FUNDS
Mid Year Expenditures
FY 1995-96
General Services Fund
This fund accoWlts for the General Services Administration and Building and Maintenance programs.
Administration
The rust quarter budget amendments for the Administration program reflected the transfer of the responsibility for
the administrative duties of monitoring the City's telephone system and chargeback service from the General Services
Department to Information Management.
Increase $12,880
Reflects an increase in anticipOated telephone charges of approximately $8,000
and interest expense on the cash pool deficit of approximately $3,000, as well as
several other small amendments. All amendments are offset by savings in the
Building and Maintenance program.
The Mid Year Amended Budeet Cor the Administration proroun is $651,300 less than the 1995/96 Original
Operating Budget.
_~ _'.__+__........ u.,_...._
Building and
Maintenance
Decrease $12,880
The budget amendment reflects savings in several line items offsetting budget
increases in the Admini!;tration program.
The Mid Year Amended Bu~et Cor the BuDdin2 and Maintenance prOID'8Ill is $12.880 less than the 1995/96
Original Operating Budget
~ ..._+.__...... __0'__. ..."
Administrative Services Fund
This fund accounts for the Graphic Communication and (Computer) Information Services programs of the
Information Management Department, and the Purchasing, and Utility Customer Service programs of the Finance
Department.
Information Services
The rust quarter budget amendments for the Administration program reflected the transfer of the responsibility for
the adroini!i:trative duties of monitoring the City's telephone system and chargeback service from the General Services
Department to Information Management.
Decrease $341,470
The budget amendment reflects debt savings due to the timing of purchases of
$153,720 in the cost of Phase I of the Enterprise Network project; $114,100 in
debt costs related to the new telephone system; $8,730 for the Automated Time
Recording system; $27,800 for the Alpha Upgrade; $5,820 for the UPS System;
and $31,300 tor the PayrolllHR system.
The Mid Year Amended Bud~et for the Infonnation Services proeram is $518.756 morc than the 1995/96
Original Operating Budget
l-
'" .+.-..
-
Utility Customer Service
Decrease $1,240
The budget amendment reflects several line item increases and decreases. The
program decrease is primarily a savings in utility costs.
-31-
City or Clearwater
INTERNAL SERVICE FUNDS
Mid Year ExpendiJuns
FY 1995-96
The Mid Year Amended Budi!et for the Utility Customer Service prol!ram is $1.240 less than the 1995/96
Original Operating Budget
~ .
.~..
. ~ ~
Gal1l2e Fund
This fund accounts for the Fleet Maintenance and Radio Communication programs of the General Services
Department.
Fleet Maintenance
Decrease $138,440
The budget amendment primarily reflects anticipated savings in vehicle parts.
The Mid Year Amended Hudi!et for the F1eet Maintenance prOi!raR1 is $138.440 less than the 1995/96 Original
Operating Budget.
~_,,__. __ ....~ .__' _00_ . __...__
Radio Communications
Decrease $200,840
The budget amendment reflects the transfer of the debt service costs of
approximately $170,450 for the Police Radio Switch directly to the Police
Department operating budget. This also results in an offsetting decrease in
operating revenues. The amendment also refleclS debt savings on the purchase of
Police radios due to the timing of the purchase in the current fiscal year.
TIle Mid Year Amended Budi!et for the Radio Communications proeram is $200.840 less than the 1995/96
Original Operating Budget.
--- ."1.--- ..--.---
Central Insurance Fund
This fund accounts for the Risk Management program of the Finance Department; the Employee Benefits program of
the Human Resources Department; and the Non-Departmental program which reflect city-wide insurance
expenditures.
Risk Management
Increase $29,300
The budget amendment provides funding in the amount of $25,000 from the
unappropriated retained earnings of the Central Insurance Fund to provide funds t
secure building appraisals of City buildings, and the transfer of $4,300 from the
Employee Benefits program for medical examinations for safety related
physicals.
The Mid Year Amended Budeet for the Risk Manlli!ement prOi!1"9Jl1 is $29.300 more than the 1995/96 Original
Operating Budget. .
.-~ - --_.~----...r --..- --. ----.,
Employee Benefits
Decrease $4,300
The budget amendment reflects the transfer of $4,300 to the Risk Management
program for medical examinations for safety related physicals.
The Mid Year Amended Hudeet for the Emulovee Benefits proeram is $4.300 less than the 1995/96 Original
Operating Budget.
-32-
.
INTERNAL SERVICE FUNDS
EXPENDITURE REVIEW
MID YEAR. October 1,1995 to March 31, 1996
Program
FY 95/96
Original
Budget
Prev Qtr
Amended
Budget
Mid-Year
Projection
Mid-Year
Actual
Variance % Adjustment
Amended
Budget '"
GENERAL SERVICES FUND:
GENERAL SERVICE DEPARTMENT -
Administration 1,091,260 427,080 229.961 225.505 4,456 2% 12,880 439,960 -60%
Building & Maintenance 1,735,610 1.735.610 901,785 814,251 87,534 10% -12,880 1,722,730 -1%
Total, General Service Fund 2,826,870 2,162,690 1,131,746 1,039,766 91,990 8% 0 2,162,690 -23%
AMINISTRATIVE SERVICES FUND:
INFORMATION MANAGEMENT DEPARTMENT-
Graphic Communications 591,820 591.820 322,892 254,194 68,698 21 % 0 591,820 0%
Computer Infonnation Svc 1,517,630 2,377,856 1,290,818 936,467 354,351 27% -341,470 2,036,386 34%
FINANCE DEPARTMENT -
Purchasing 322,720 322,720 161,735 158,214 3,521 2% 0 322,720 0%
UtiI Customer Service 2,121,660 2,121,660 1,107,440 1,044,597 62,843 6% -1,240 2,120,420 0%
Total, Administrative Svcs Fund 4,553,830 5,414,056 2,882,886 2,393,472 489,413 17% -342,710 5,071,346 11%
GARAGE FUND:
GENERAL SERVICE DEPARTMENT -
Fleet Maintenance 6,758,940 6,758.940 3,447,771 3,058,907 388.864 11 % -138.440 6,620,500 -2%
Radio Communications 1,203,810 1,203,810 296,623 160,021 136,602 46% -200,840 1,002,970 -17%
Total, Garage Fund 7.962.750 7,962.750 3,744.394 3,218.928 525,466 14% -339,280 7,623,470 -4%
CENTRAL INSURANCE FUND:
FINANCE DEPARTMENT -
Risk Management 311,260 311,260 154,677 157,524 -2,847 -2% 29,300 340,560 9%
HUMAN RESOURCE DEPARTMENT -
Employee Benefits 104,110 104,110 54.107 47,137 6,970 13% -4,300 99,810 -4%
NON-DEPARTMENTAL 7,229,830 7,229,830 3,224,920 3,203,183 21,737 1% 0 7,229,830 0%
Total, Central Insurance 7.645,200 7.645,200 3,433,704 3,407,844 25,860 1% 25.000 7.670,200 0%
TOTAL,
INTERNAL SERVICE FUNDS
22,988,650 23.184,696 11,192,729 10,060.000 1,132,729 10% -656,990 22,527.706 -2%
-33-
"., v ~ _____._______. - . . .
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Summary
FY 1995-96
The amended 1995-96 Capital Improvement Program budget report is submitted for the City Commission' s mid year
review. The net proposed amendment is a budget decrease of $15,104,916. This review provides the opportUnity to
examine the statuS of all active projects and present formal amendments to the project budgets. Fiscally significant
budget increases encompassed within this review are as follows:
The following Capital Improvement Budget increases have not been previously approved by the Commission.
PUBLIC SAFETY:
Emergency Operations Center: Budget increases of $9,477 of revenues from the State of Florida for
reimbursement of disaster cleanup.
Radio Communications Tower Link: Budget, increases of $285,000 of General Fund revenues
representing operating savings of tbe Police Department for the installation of a fiber optic line.
TRANSPORTATION:
Civic Center/Marina Crosswalk: A budget increase of $100,000 of infrastructure taxes to construct a
lighted crosswalk with signal across Causeway Blvd.
GENERAL PUBLIC BUILDINGS & EQUIPMENT:
Municipal Services/PubUc Safety & Police Complex: A budget increase of $294,355 of bond interest
revenue and $1,987 of bond proceeds as posted at year end of Fiscal Year 1994/95, and an increase of
$613,310 of Special Development Fund revenues to provide funding for the purchase of the land for the
complex. for a total increase of $915,652.
Telephone System Replacement: A budget increase of $300,000 of lease purchase funding to reestablish
the funding for Phase II, which was eliminated in error in the first quarter amendments.
TV Studio/Municipal Services: A budget increase of $3.516 of General Fund revenues representing
operating savings of the Information Services Community Outreach program for the purchase of an audio
system and related components.
u:raITIES:
Stevenson's Creek Improvements: A budget increase of $5,588 of rental fees for Jeffords Street property.
Stonnwater Quality Improvement/Property Purchase: A budget increase of $12,500 of revenues from
other municipalities representing reimbursement from the State of Florida for Del Oro Phase I. of $19.497
of Pinellas County Commission revenues representing reimbursement for Alligator Creek. and of $50.774 of
revenues from other municipalities representing reimbursement from Southwest Florida Water Management
District for Alligator Creek. for a total increase of $82.771.
Habitat Restorationllmprovements: A budget increase of $35,000 of storrnwater revenues to provide
funding for spraying ditches. lakes and ponds.
l\fain Construction: A budget increase of $281,610 of water revenues representing operating savings of
Water Distribution to provide additional funding to complete new main construction.
WPC Pre-Treatment Program: A budget increase of $9.058 of revenues from other municipalities
representing reimbursement to be received trom Safety Harbor.
-34-
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mf.d Year Summary
FY 1995-96
The following Capital Improvement Budget increases have been previously approved by the Commission.
TV StudiolMunicipal Services
Big Pier 60 Park
Central Pennitting/Community Response System
Pasco ExpansionlNew Mains & Service
Pasco Expansion/New Mains & Service
Pasco Expansion/New Mains & Service
Pinellas Phase n Gas Line Relocation
PineUas Phase n New Gas Mains
Pinellas Phase II New Gas Mains
Island Estates Reclaimed Water
Utility Rate Study
PineUas Phase II System Improvement
Downtown Redevelopment
Carpenter Field Clubhouse
Project Commission
Bud2et Approval
$17,655 3/21/96
16.820 5/2/96
95,500 5/2/96
685,889 4/18/96
350,000 3/7/96
41,607 5/16/96
80,000 3/7/96
158237 3/7/96
20,773 5/16/96
395,700 12/7/95
97 ,526 6/20/96
16,000 3/7/96
49,931 FY 94/95 3rd Qtr Review
698,147 6/20/96
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Clearwater, florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
1.
315-91137
2.
315-91220
3.
315-92336
4.
315-92337
5.
315-93202
6.
315-93206
7.
315-93207
8.
315-93288
Radio Communication Tower Link
To record a budget increase of $285,000.00 of General Fund revenues representing
operating savings of the Police Department to establish a project for the installation of a
fiber optic line.
Emergency Operations Center
To record the following budget transfers to establish a project with a project number
reflecting the responsibility of the Fire Department to replace the Emergency Operations
Center project 315-91115, which reflects Police Department responsibility, which is being
closed.
A budget transfer of F.E.M.A. revenues representing rejmbursemenlS
for major storms
$133,028.96
A budget transfer of reimbursement revenues from the State for
disaster cleanup
9,477.00
$142.505.96
Net budget amendment
Mandalay Sidewalks
To record a budget transfer of $92,404.60 of infrastructure taxes from 315-92332,
Sidewalk R&R - City to reverse the first quarter amendment that closed this project, since
more work will be done in the future.
Civic CenterlMarina Crosswalk
To record a budget increase of $100,000.00 of infrastructure taxes to establish a project to
construct a lighted crosswalk with signal across Causeway Blvd.
Carpenter Field Clubhouse
To record a budget increase of $698,147.00 of infrastructure taxes for renovation of the
Clubhouse.
Roller Hockey Facility
To record a budget transfer of $51,000.00 of recreation facilities impact fees from 315-
93124, CSX Station Property to provide funding for the constrUction of a roller hockey
facility, and to close the CSX Station project.
Madison Avenue Parking Lot
To record a budget transfer of $20,000.00 of General Fund revenues from 315-93297,
Bayshore Park, to establish a project to construct a parking lot to serve both recreation and
electrical on Madison Avenue.
Big Pier 60 Park
To record a budget increase of $16,820.00 of unappropriated retained earnings of the
General Fund to provide funding for architectural services, as approved by the
Commission on 5/2/96.
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Clearwater I Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
9.
315-93443
Seminole Street Boat Ramp Dredging
To record a budget transfer of $60.045.31 of marine revenues from 315-93480. Marina
Sidewalk Replacement, to provide additional funding. and to close 315-93480 which is
complete.
10.
315-93485
Bridge Utility Relocation
To record a budget transfer of $8,325.67 of General Fund revenues representing unused
bridge revenues that were returned to the General Fund at the closing of the Bridge Fund,
from 315-93469. Sand Key Bridge R&R, which is complete and being closed. to provide
additional funding for year end audit adjustments.
11. 315/344-94602 Municipal Services/ Public Safety & Police Complex
To record the following budget amendments.
A budget increase of bond interest revenues to match budgeted
revenues with actual revenues posted to the project at year end 9/30/95
$294,354.94
A budget increase of bond proceeds to match budgeted revenues
with actual revenues received
7.986.96
A budget increase of Special Development Fund revenues representing
property maintenance revenues to provide funding for the purchase of
land for the municipal services complex
187.258.18
A budget increase of Special Development Fund revenues representing
land acquisition revenues from prior sales of Downtown land to provide
funding for the purchase of land for the municipal services complex
113.083.91
A budget increase of Special Development Fund revenues representing
rental and lease revenues to provide funding for the purchase of
land for the municipal services complex
45.800.00
A budget increase of unappropriated retained earnings of the Special
Development Fund to provide funding for the purchase of land for
the municipal services complex
267 .167.91
Net budget amendment
$915.651.90
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Clearwater, Florida
CAPITAL ThfPROVEMENf FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
12.
13.
14.
15.
16.
315-94603
315-94604
315-94707
315-94714
315-94738
Municipal Services Complex Technology
To record the following budget amendments to provide funding for computer training.
A budget transfer of General Fund revenues from 315-94728, Tourist Center
Renovations, which is complete and being closed $10,246.82
A budget transfer of General Fund revenues from 315-93289, JR Stadium -
Phillies Improvements, which is complete and being closed 946.50
A budget transfer of General Fund revenues, representing unused
bridge revenues, from 315-93469, Sand Key Bridge R&R, which
is complete and being closed 19.781.68
Net budget amendment $30.975.00
Field Engineering Building
To record a budget transfer of $29,696.15 of infrastructure taxes from 315-92555,
Intersection Improvements, to provide additional funding for the project, as approved by
the Commission on 4/18/96.
Central Pennitting/Community Response Software
To record the following budget increases for hardware, software and first year services,
as approved by the Commission on 5/2/96.
A budget increase of unappropriated retained earnings of
the General Fund
$30,000.00
A budget increase of lease purchase funding
42,000.00
A budget increase of General Fund revenues representing
debt service savings of Central Permitting Administration
23.500.00
Net budget amendment
$95.500.00
Downtown Redevelopment
To record a budget increase of $49,930.86 Community Redevelopment Agency revenues
representing the transfer of year-end cash balance authorized by Trustees at Third Quarter
Fiscal Year 1994/95 Review.
Telephone System Replacement
To record a budget increase of $300,000.00 of lease purchase funding to reestablish the
funding for Phase II which was eliminated in the first quarter amendments.
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
17.
315-94743
18.
315-96102
19.
315-96104
20.
315-96105
21.
315-96113
22.
315-96114
TV StudiolMunicipal Services
To record the following budget increases.
A budget increase of infrastructure taxes to provide additional funding
for the purchase of television studio equipment, as approved by the
Commission on 3/21/96.
$17.654.50
A budget increase of General Fund revenues representing operating
savings of Community Outreach for the purchase of an audio system
and related components
3,516.00
$21.170.50
Net budget amendment
Stevenson's Creek Improvements
To record a budget increase of $5,587.50 of rental fees to match budgeted revenues with
actual revenues received.
Stonn Drainage R&R
To record a budget transfer of $98,477.00 of stormwater revenues from 315-96103.
Stormwater Quality ImprovementlProperty Purchases, to provide funding for storm
drainage renewal and replacement at 411 South Garden Avenue.
Habitat RestorationlImprovements
To record a budget increase of $35.000.00 of stormwater revenues to provide funding for
spraying ditches. lakes and ponds.
Pollutant Storage Tank RemovallReplacement-Fire Station #6
To record the following budget transfers from 315-96108. Pollutant Storage Tank
RemovallReplacement-General Fund. to establish a project to replace fuel tanks and clean
up groundwater contamination..
A budget transfer of infrastructure taxes
$50,000.00
A budget transfer of garage revenues
50.000.00
$100,000.00
Net budget amendment
Pollutant Storage Tank RemovaUReplacement-Fuel Station
To recor~ the following budget transfers from 315-96108. Pollutant Storage Tank
RemovallReplacement-General Fund. to establish a project to replace fuel tanks and clean
up groundwater contamination at the combined fuel transfer station on Hercules.
A budget transfer of infrastructure taxes
$68.000.00
A budget transfer of garage revenues
68.000.00
Net budget amendment
$136.000.00
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
23.
24.
25.
26.
27.
28.
29.
!III
315-96115
341-96301
315-96320
315-96358
315-96371
315-96372
315-96429
Pollutant Storage Tank Remova1lReplacement-Annex
To record a budget transfer of $303,000.00 of General Fund revenues from 315-96108,
Pollutant Storage Tank RemovallReplacement-General Fund. to establish a project to
replace fuel tanks and clean up groundwater contamination at the annex site, which is
necessary for the sale or redevelopment of the property.
PineUas New Gas Mains & Senice
To record a budget transfer of $99,974.00 of gas bond revenues from 341-96304, Pinellas
New Gas Market Development, for the purchase of gas meters and regulators, as approved
by the Commission on 4/18/96.
Pasco ExpansionlNew Mains & Service
To record the following budget increases of gas revenues representing a loan from the Gas
Fund until bond revenues are available.
A budget increase for a three year contract extension for
engineering services, as approved by the Commission on 3/7/96
$350,000.00
A budget increase for the installation of gas mains on Ridge Rd. and
Mitchell Bypass Blvd. .as approved by the Commission on 4/18/96
685,889.00
A budget increase for black polyethylene pipe fittings. as approved
by the Commission on 5/16/96
41.607.00
$1.077.496.00
Net budget amendment
Environmental Remediation
To record a budget transfer of $150.000.00 of gas revenues from 315-96368, Manufactured
Gas Plant Remediation, and change the title of this project to consolidate the two
environmental gas projects into one.
Pinellas Phase n Gas Line Relocation
To record a budget increase of $80.000.00 of gas revenues representing a loan from the
Gas Fund until bond revenues are available. to provide funding for installation of gas
mains during the widening of State Road 55 (U.S. 19). as approved by the Commission on
317/96.
Pinellas Phase n System Improvements
To record a budget transfer of $16,000.00 of future bond revenues from 315-96370.
Pinellas Phase II New Gas Mains. to establish a project for system improvements and
provide funding for residential gas meter change outs. as approved by the Commission on
317/96.
Commercial Container Acquisition
To record a budget transfer of $70,887.96 of solid waste revenues from 315-96435,
Transfer Station Fuel Tank Replacement. which is being closed.
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
30.
315-96519
Utility Rate Study
To record the following budget increases to establish a project to implement phase 1 of a
utility rate study with Post Buckley, Schuh & Jernigan, as approved by the Commission on
6/20/96.
A budget increase of water retained earnings
$29,258.00
A budget increase of sewer retained earnings
29,258.00
A budget increase of stormwater retained earnings
19,500.00
A budget increase of gas retained earnings
4,880.00
Net budget amendment
14.630.00
$97.526.00
A budget increase of solid waste retained earnings
31.
315-96520
Island Estates Reclaimed Water
To record the following budget amendments to establish a project to provide reclaimed
water for Island Estates, as approved by the Commission on 1217/95.
A budget increase of water revenues
$197,850.00
A budget increase of sewer revenues
197.850.00
$395.700.00
Net budget amendment
32.
315-96631
WPC R&R
To record a budget transfer of $100,000.00 of utility R&R revenues from 315-96632,
Sanitary Sewer R&R, to provide funding for professional engineering design services for
the Marshall Street Plant to redesign piping and odor control structures.
33.
315-96632
Sanitary Sewer R&R
To record the following budget transfers.
A budget transfer of sewer revenues from 315-96633,
South Sanitary Sewer Intercept, which is nearing completion
$150,599.91
A budget transfer of utility R&R revenues to 315-96631, WPC R&R,
for professional engineering design services for the Marshall St. Plant
to redesign piping and odor control structures
(100,000.00)
A budget transfer of utility R&R revenues from 315-96629,
Lift Station R&R, which is being closed
Net budget amendment
255.995.86
$306.595.77
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
I. Increase Amendments
34.
315-96634
Sanitary Utility Relocation Accommodation
To record a budget transfer of $2,583.00 of utility R&R revenues from 315-96625, Line
Relocation, which is complete and being closed.
35.
315-96655
WPC Pre-Treatment Program
To record a budget increase of $9,057.57 of revenues from other municipalities
representing reimbursement to be received from Safety Harbor.
36.
315-96707
Main Construction
To record the following budget amendments to provide funding to complete this project.
A budget transfer of water revenues from 315-96729,
Engineering Fees VariOllS, to close the project
$18,274.26
A budget transfer of utility R&R revenues from 315-96722,
Line Relocation - Maintenance, to close the project
125,000.00
A budget transfer of water revenues from 315-96722, Line Relocation
-Maintenance, to close the project
96,956.03
A budget increase of water revenues representing operating savings
of Water Distribution
281.610.00
Net budget amendment
$521.840.29
37.
315-96737
Hydrogeological Study
To record a budget transfer of $4,409.00 of water revenues from 315-96740, Water
Supplyrrreatment, to provide funding to close this project, which is complete.
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
,
.
D. Decrease Amendments
1.
2.
3.
4.
5.
6.
....
315-91115
315-92332
315-92555
315-92556
315-92821
315-93124
Emergency Operations Center
To record the following budget amendments to close this project and replace it with a new
emergency Operations Center project with a project number that denotes it as the
responsibility of the Fire Department, since emergency operations responsibilities have
been moved from the Police Department to the Fire Department.
A budget increase of revenues from other municipalities representing
revenue received from the State for reimbursement of disaster cleanup
to match budgeted revenues with actual revenues received. $9,477.00
A budget transfer of funding from F.E.M.A. representing reimbursements
to the City for major storms to 315-91220, Emergency Operations Center (133,028.96)
A budget transfer of revenues from other municipalities to 315-91220 (9,477,()0)
Net budget amendment ($133.028.96)
Sidewalk R&R - City
To record a budget transfer of $92,404.60 of infrastructure taxes to 315-92336, Mandalay
Sidewalks, to reopen that project, which will need additional future work, by reversing the
frrst quarter budget amendrnent.
i .
Intersection Improvements
To record a budget transfer of $29,696.15 of infrastructure taxes to 315-94604, Field
Engineering Building, to provide additional funding, as approved by the Commission on
4/18/96.
ADA Intersection Improvements
To record a budget decrease of $493,238.03 of infrastructure taxes to return unused
revenues to the Special Development Fund and close this project which is complete.
Traffic Engineering Fork Lift
To record a budget decrease of $6,305.00 of lease purchase funding to close this project,
which is complete.
CSX Station Property
To record the following budget amendments to close this project which is no longer
needed.
A budget transfer of recreation facilities impact fees to 315-93206,
Roller Hockey Facility. to establish a project to construct
a roller hockey facility
($51,000.00)
A budget decrease of recreation land impact fees to return
unused revenue to the Special Development Fund
(99.000.00)
($150.000.00)
Net budget amendment
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Clearwater I Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
ll. Decrease Amendments
7.
315-93289
JR Stadium. Phillies Improvements
To record a budget transfer of $946.50 of General Fund revenues to 315-94603, Municipal
Services Complex Technology, to close this project which is complete.
8. 315-93469 Sand Key Bridge R & R
To record the following budget amendments to transfer the unused revenues which are
General Fund revenues, representing bridge revenues that were returned to the General
Fund at the closing of the Bridge Fund, and close this project which is complete.
A budget transfer to 315-94603, Municipal Services Complex Technology
for computer training (19,781.68)
A budget transfer to 315-93485, Bridge Utility Relocation to provide
additional funding for year end audit adjustments (8,325.67)
A budget decrease to return revenues to the General Fund (46.699.64)
Net budget amendment ($74.806.99)
9. 315-93480 Marina Sidewalk Replacement
To record a budget transfer of $60,045.37 of marine revenues to 315-93443, Seminole
Street Boatramp Dredging, to close this project which is complete.
10. 315-94224 PoUce Mobile Radios
To record a budget decrease of $4.00 of lease purchase funding to close this project
which is complete.
11. 315-94713 Airpark Master Plan
To record the following budget amendments.
A budget transfer of General Fund revenues from 315-94752,
Airpark Facilities, to consolidate the air park projects and to close
315-94752, Airpark Facilities $41,500.00
A budget transfer of infrastructure taxes from 315-94752,
Airpark Facilities, to consolidate the air park projects and to close
315-94752, Airpark Facilities 91,303.26
A budget decrease of grant revenues, which will be budgeted
when they are received (678.000.00)
Net budget amendment ($545.196.74)
12. 315-94728 Tourist Center Renovations
To record a budget transfer of $10,246.82 of General Fund revenues to 315-94603,
Municipal Services Complex Technology, to close this project which is complete.
-44-
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
D. Decrease Amendments
13.
315-94731
Utility Printer Replacement
To record a budget decrease of $620.00 of lease purchase funding, to close this project
which is complete.
14.
315-94744
Apple Tech Building Conversion
To record the following budget amendments, to close this project which is no longer
needed.
A budget transfer of infrastructure taxes to 315-93297, Bayshore Park to
replace General Fund revenues in the project
($20.000.00)
A budget decrease of infrastructure taxes to return unused revenues
to the Special Development Fund
Net budget amendment
(20.000.00)
($40.000.00)
15.
315-94752
Air Park Facilities
To record the following budget transfers to 315-94713, Airpark Master Plan, to
consolidate the airpark projects and close this project.
A budget transfer of General Fund revenues
($41,50()'OO)
Net budget amendment
(91.303,26)
($132.803.26)
A budget transfer of infrastructure taxes
16.
315-96103
Stonnwater Quality ImprovementlProperty Purchases
To record the following budget transfers.
A budget transfer of stormwater revenues to 315-96104, Storm
Drainage R&R. to provide funding for storm drainage renewal
and replacement at 411 South Garden Avenue
($98,477.00)
A budget increase of revenues from other municipalities representing
reimbursement from the State of Florida for Del Oro Phase I
12,500.00
A budget increase of Pinellas County Commission revenues
representing reimbursement for Alligator Creek
19,497.16
A budget increase of revenues from other municipalities
representing reimbursement from Southwest Florida
Water Management District for Alligator Creek
Net budget amendment
50.773.85
($15.705.99)
-45-
Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
n. Decrease Amendments
17.
315-96108
Pollutant Storage Tank Removal/Replacement - General Fund
To record the following budget transfers to split this project into four projects in order to
facilitate managing and accounting for work at the various locations. The scope of this
project is being changed and it will provide funding for renewal/replacement of abandoned
tanks at locations to be determined and at the site of Fire Station #45, and for FDEP
registration fees.
A budget transfer of utility R&R revenues from 315-96629,
to provide funding needed to close the Utility R&R portion
of tins project, which is complete $3.911.05
A budget transfer of infrastructure taxes to 315-96113,
Pollutant Storage Tank: Remova1lReplacement-Fire Station #6.
to establish a project for the replacement of fuel tanks and cleanup
of ground contamination at Fire Station #6 (50,000.00)
A budget transfer of garage revenues to 315-96113,
Pollutant Storage Tank Remova1lReplacement-Fire Station #6.
to establish a project for the replacement of fuel tanks and cleanup
of ground contamination at Fire Station #6 (50,000.00)
A budget transfer of infrastructure taxes to 315-96114,
Pollutant Storage Tank: Removal/Replacement-Fuel Station. to
establish a project for the replacement of fuel tanks and cleanup of ground
contamination at the combined fuel transfer station on Hercules (68,000.00)
A budget transfer of garage revenues to 315-96114,
Pollutant Storage Tank: Removal/Replacement-Fuel Station. to
establish a project for the replacement of fuel tanks and cleanup of ground
contamination at the combined fuel transfer station on Hercules (68,000.00)
A budget transfer of General Fund revenues to 315-96115,
Pollutant Storage Tank: Removal/Replacement-Annex, to
establish a project for the renewal/replacement of fuel tanks on the
annex site. which is necessary for the sale or redevelopment
of the property (303..000.00)
Net budget amendment ($535.088.95)
18.
315-96109
Downtown Lake
To record a budget decrease of $17,000,000.00 of bond revenues to move bond funding to
a future year since this project is still in a preliminary stage.
19.
341-96304
PineUas New Gas Market Development
To record a budget transfer of $99,974.00 of gas bond revenues to 341-%301. Pinellas
New Gas Mains & Service, for the purchase of gas meters and regulators, as approved by
the Commission on 4/18/96.
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
II. Decrease Amendments
20.
21.
22.
23.
24.
25.
315-96353
315-96368
315-96369
315-96370
315-96435
315-96625
Gas Heat Pumps
To record a budget decrease of $60,000.00 of gas revenues to return revenues to the Gas
Fund and close this project, which is no longer needed.
Manufactured Gas Plant Remediation
To record a budget transfer of $150,000.00 of gas revenues to 315-96358, Environmental
Gas Project, to consolidate the two environmental gas projects into one and to close this
project.
Pasco Expansion
To record a budget decrease of $1,077,496.00 of gas bond revenues to offset the amount
of gas revenues loaned to Pasco expansion project 315-96320, Pasco Er.pansion/New
Mains & Service.
Pinellas Phase II New Gas Mains
To record the following budget amendments.
A budget increase of gas revenues representing a loan from the Gas Fund until
bond revenues are available to provide funding for installation of gas mains
during the widening of State Road 55 (U.S. 19), as approved by the
Commission on 317/96 $158,236.72
A budget decrease of gas bond revenues to offset the above loan
(158,236.72)
A budget decrease of bond revenues to offset the loan to
315-96371, Pinellas Phase II Gas Line Relocation" approved by the
Commission on 317/96
(80,000.00)
A budget increase of gas revenues representing a loan from the Gas Fund until
bond revenues are available to provide funding for the purchase of black
polyethylene pipe fittings, as approved by the Commission on 5/16/96 $20,773.00
A budget decrease of gas bond revenues to offset the above loan (20,773.00)
A budget transfer of future bond revenues to 315-96372, PinelIas
Phase II System Improvements, for residential gas meters, approved
by the Commission on 317/96 (16.000.00)
Net budget amendment
($96.000.00)
Transfer Station Fuel Tank Replacement
To record a budget transfer of $70,887.96 of solid waste revenues to 315-96429,
Commercial Container Acquisition, to close this project which is no longer needed.
Line Relocation
To record a budget transfer of $2,583.00 of utility R&R revenues to 315-96634, Sanitary
Utility Relocation Accommodation to close this project, which is complete.
-47-
Clearwater, Florida
CAPITAL Il\1PROVEMENT FUND
Mid Year Amendments
FY 1995-96
ll. Decrease Amendments
26.
27.
28.
29.
30.
31.
315-96629
315-96633
315-96722
315-96729
315-96740
315-96804
Lift Station R&R
To record the following budget transfers of utility R&R revenues to close this project
which is complete.
A budget transfer to 315-96108, Pollutant Storage Tank Removal -
General F\U1d, to provide the additional funding needed to close
the completed Utility R&R portion of 315-96108
($3,911.05)
(255.995.86)
($259.906.91)
A budget transfer to 315-96632, Sanitary Sewer R&R
Net budget amendment
S. Sanitary Sewer Intercept
To record a budget transfer of $150,599.91 of sewer revenues to 315-96632, Sanitary
Sewer R & R, to provide additional funding for the project.
Line Relocation - Maintenance
To record the following budget transfers to 315-96707, Main Construction - Bond, to close
this project which is complete.
A budget transfer of utility R&R revenues
($125,000.00)
A budget transfer of water revenues
(96.956.03)
($221.956.03)
Net budget amendment
Engineering Fees Various
To record a budget transfer of $18,274.26 of water revenues to 315-96707, Main
Construction - Bond, to close this project which is complete.
Water SupplyrI'reatment
To record a budget transfer of $4,409.00 of water revenues to 315-96737,
Hydrogeological Study, to provide additional funding to close 315-96737 which is
complete.
Recycling CartslDumpsters
To record a budget decrease of $100,000.00 of recycling revenues to return unneeded
funding to the Recycling Fund.
-48-
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Mid Year Amendments
FY 1995-96
m. Memorandum Amendments
1.
315-93297
Bayshore Park
To record the following budget transfers for a net budget amendment of zero.
A budget transfer of General Fund revenues to 315-93207. Madison Ave.
Parking Lot, to establish a new project
($20,000.00)
A budget transfer of infrastructure taxes from 315-94744, Apple Tech
Building Conversion, which is complete and being closed
20.000.00
Net budget amendment
iQ
2.
315-93470
BridgelDocks/SeawaUs-R&R
The following changes in funding reflect the return of unused bridge revenues to the
General Fund at the closing of the Bridge Fund.
A budget increase of General Fund revenues (Budget Amendment Only)
$8,104.05
A budget decrease of Marine revenues (Budget Amendment Only)
(8.104.05)
Net budget amendment
iQ
3.
315-93481
Clearwater Pass Bridge Construction
The following changes in funding reflect the return of unused bridge revenues to the
General Fund at the closing of the Bridge Fund.
A budget increase of General Fund revenues (Budget Amendment Only)
$167,415.18
A budget decrease of Bridge revenues (Budget Amendment Only)
(167 .415.18)
Net budget amendment
iQ
4.
315-94732
TV F1exicart Unit
This project is complete and IS being closed.
5.
315-94747
Atrium Apartments Purchase
This purchase will not be Plade. $2,400.00 of appraisal expenses have been transferred to
General Fund Non-Departmental to close the project, which was never funded.
6.
315-96112
Vac-Con Sewer Cleaner
This project is complete and is being closed.
7.
315-96647
Residual Treatment Facility
This project is complete and is being closed.
-49-
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1,1995 to March 31,1996
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/95 Prey Qtr Amdmts Budget To Date Encumbr Balance Status Ref
PUBLIC SAFElY
Pollee Protection
91118 Police Pursuit Vehicles 196.669 168,397 168,397 168,397 0 0 C
91125 Computer Consultant Study 184.665 184,665 184,665 171,731 6.934 6,000
91127 Police Computer Network 3,335,000 3,335,000 3,335,000 958,985 2.376.015 0
91133 Police Target System 30.000 30.000 30,000 0 0 30,000
91134 Beach Dist Substa Reilo 325,000 325,000 325,000 0 0 325,000
91135 S Gmwd Nbr Patrol 60,000 0 0 0 0 0 C
91136 Radio Switch for Police 0 925,000 925.000 123,039 801.961 0
91137 Radio Comm Tower Link 0 0 285,000 285,000 0 0 285,000 1-1
4,131,334 4,968,062 285,000 5,253,062 1,422,152 3,184,910 646,000
Fire Protection
91115 Emergency Operations Ctr 361,693 393.701 -133,029 260,672 239,786 20,887 0 C 11-1
91213 Fire Apparatus Refurbish 185,250 185,250 185,250 113.459 22,544 49,247
91218 Fire Engine Replacement 325.000 325,000 325,000 0 0 325,000
91219 EMS Capital Equipment 885,073 885,073 885,073 796,997 0 88,076
91220 Emergency Op'erations Ctr 0 0 142.506 142,506 0 0 142,506 1-2
1,757,016 1,789,024 9,477 1,798,501 1,150,242 43,431 604,828
TRANSPORTA nON
New Street Construction
92140 Highland Avenue Widening 5.431,305 5,431,305 5,431,305 1,051,267 35,047 4,344.991
92141 Drew Street Widening 1,750,000 1,750,000 1,750,000 893,993 728,916 127,092
92143 Hampton Road 1,022.400 1,022,400 1,022,400 412,536 302.607 307,257
92145 landmark Dr Extension 1,000,000 1,000,000 1,000,000 0 0 1,000,000
Sub-Total 9,203,705 9,203,705 0 9,203,705 2,357,796 1,066,570 5,779,339
Major Street Maintenance
92256 Street Resurfacing 8,984,632 8,984,632 8,984.632 6,572,722 2,131.980 279,930
92258 Paving Unpaved Streets 200,000 200,000 200,000 37,840 0 162,160
Sub-Total 9,184,632 9,184,632 0 9,184,632 6,610,562 2,131,980 442,090
Sidewalks and Bike Trail
92330 Sidewalk Construc-Gen 815,201 815,201 815,201 599.471 190,173 25,557
92332 Sidewalk R&R City 729,630 822.127 -92,405 729,722 498,431 35,251 196,041 11-2
92334 Bicycle Paths 330.000 127.230 127,230 127,230 0 0 C
92336 Mandalay Sidewalks 125.000 32,595 92,405 125,000 32,595 0 92,405 1-3
92337 Civic Ctr/Marina Crwalk 0 0 100,000 100,000 0 0 100,000 1-4
1,999,831 1,797,153 100,000 1,897,153 1,257,727 225,424 414,002
Stonn Drainage
92403 Stormwater Mgmt Master PI 743,515 470.297 470,297 470,297 0 0 C
92404 Unspecified Stonn Drainag 87,914 71.909 71,909 71,909 0 0 C
92416 Cleveland SVArcturas 400,772 400.772 400,772 399,242 1,531 0 C
92498 Misc Ponding 162,969 111.554 111,554 111,554 0 0 C
Sub-Total 1,395,170 1,054,532 0 1,054,532 1,053,002 1,531 0
Intersections
92551 City-Wide Intersection Impr 461,778 461,778 461,778 355,554 5,000 101.224
92552 S~nalRenovation 366.148 366,148 366,148 219,842 17,285 129,021
92553 New Signal Installation 430,188 430,188 430,188 125,183 17,610 287,395
92555 Intersection Improvements 1,704,322 1,704,322 -29,696 1,674,626 108,371 28,300 1,537,955 11-3
92556 ADA Intersect Improvement 800,000 800,000 -493,238 306,762 304,396 2,366 0 C 11-4
Sub-Total 3,762,436 3,762,436 -522,934 3,239,502 1,113,347 70,561 2,055,594
-50-
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1, 1995 to March 31, 1996
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/95 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
TRANSPORTATION (CONTINUED)
Parking
92612 Street Light Equipment 15,000 15,000 15,000 14,102 0 898
92630 Parking Lot Resurfacing 428,124 428,124 428,124 277,676 1,695 148,753
92632 Pkng Garage Structure Rpr 195,750 194.732 194,732 67,471 6,955 120,306
Sub-Total 638,874 637,856 0 637,856 359,249 8,650 269,957
Miscellaneous Engineering
92816 N Greenwood Business Are 300,000 300,000 300,000 239,427 0 60,573
92820 Memorial Causeway Br Rep 1,510,000 2,370,000 2,370,000 166,307 827,199 1,376.494
92821 Traffic Eng Fork lift 25,000 25.000 -6,305 18.695 18,695 0 0 C 11-5
92822 Miscellaneous Engineering 0 25,000 25,000 0 0 25,000
Sub-Total 1,835,000 2,720,000 -6,305 2,713,695 424,429 827,199 1,462,067
LEISURE
Land Acquisition
93124 CSX Station Property 150,000 150,000 -150,000 0 0 0 0 C 11-6
Sub-Total 150,000 150,000 -150,000 0 0 0 0
Park Development
93202 Carpenter Fld Club H se 60,000 60.000 698,147 758,147 18,755 47.732 691.660 1-5
93203 MLK Restroom & Lobby 80,000 80,000 80,000 6,402 8,623 64,975
93204 Concrete Sidewalk & Pad 25,000 25.000 25,000 1.450 0 23,550
93205 Countryside Rec Ctr Fumis 0 100,000 100,000 0 0 100,000
93206 Roller Hockey Facility 0 0 51,000 51,000 51,000 1-6
93207 Madison Ave Parking Lot 0 0 20,000 20,000 20,000 1-7
93229 Tennis Court Resurfacing 115,357 115,357 115,357 90,357 0 25.000
93230 Playground Equip RepVNe 306,530 306,530 306,530 299,467 1,230 5.833
93249 New Parking Lots 64,685 64,685 64,685 20,248 0 44.437
93262 Fencing Replacement progr 115,000 115,000 115,000 112,176 1,545 1,279
93263 Clwr Bch Recreation Compl 648,641 648,641 648,641 644,531 3,450 660
93269 Light Replacement 447,596 447,596 447,596 402.242 0 45.354
93281 Countryside Recreation Ctr 1.477,219 1,579,897 1,579,897 599.171 918,866 61.860
93282 Sand Key City Park 0 300,000 300,000 0 0 300,000
93283 Wood Valley Rec Ctr Impr 62,035 60,895 60,895 60,895 0 0 C
93285 Jack Russell Stadium Impro 492,392 492,392 492,392 447,835 0 44.557
93286 Parking Lot Resurfacing 67,000 67,000 67,000 22.327 0 44,673
93288 Big Pier 60 Park 400,000 1.576,733 16,820 1.593,553 256,495 1,262,133 74,924 1-8
93289 JR Stadium-Phillies Improv 200,000 200,653 -947 199,706 199,706 0 0 C 11-7
93290 JR Stadium-ADA Improv 400,000 400,000 400,000 377.809 12,730 9.461
93292 Soule Road Park 250,000 250,000 250,000 300 0 249,700
93293 Norton Prk Restroom/Stor 37,000 37,000 37,000 24,097 2,356 10,548
93294 Crest Lake Park Improv 59,600 60,087 60,087 38.048 20,526 1.513
93295 Lake Chautauqua Park 260,000 260,000 260,000 6,921 3,187 249.892
93296 Clearwater Beach Pool 300,000 300,000 300,000 0 0 300,000
93297 Bayshore Park 30,000 30,000 30,000 0 0 30,000 11I-1
93298 Picnic Shelters 30,000 30,000 30,000 0 0 30,000
5,928,055 7,607,466 785,020 8,392,486 3,629,232 2,282,379 2,480,875
Beautification
93316 Bayfront Park Renovations 318,925 318,925 318,925 8,913 0 310,012
Sub-Total 318,925 318,925 0 318,925 8,913 0 310,012
-51-
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1.1995 to March 31.1996
Actual expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/95 Prev Qtr Amdmm Budget To Date Encumbr Balance Status Ref
LEISURE (CONTINUED)
Marine Facmtles
93413 UtilitieslSvcs Replace 195,411 195,411 195,411 183,850 10,365 1,196
93429 Dock Replacement & Repai 103,740 103,740 103,740 94,498 264 8,978
93436 Waterway Maintenance 108,941 108,941 108,941 108,023 0 918
93443 Seminole St Boatramp Drdg 206,363 206,363 60,045 ~66,408 200,583 0 65,825 1-9
93468 Sand Key Bridge Replacem 1,085,321 1,077,217 1,077,217 1,077,217 0 0 C
93469 Sand Key Bridge R&R '89 1,544,000 1,544,000 -74,807 1.469,193 1,469,193 0 0 C 1I-8
93470 Bridge/Docks/Seawalls-R& 389,500 397,604 397,604 129,844 4,324 263,436 11I-2
93479 CIw Pass Bridge Monitoring 359,980 192.565 192,565 192,565 0 0 C
93480 Marina Sidewalk Replacemt 220,383 220,383 -60,045 160,338 159,853 485 0 C 11-9
93481 CIw Pass Bridge Construct 2,339,166 2,467,281 2,467,281 2,443,299 23,942 39 11I-3
93485 Bridge Utility Relocation 1,900,000 1,800,000 8,326 1,808,326 1,802,480 5,846 0 1-10
93486 Beach Guard Bldg Renov 108,755 110,071 110,071 110,071 0 0 C
93487 Fishing PierlMem Causewa 156,031 156,031 156,031 147,962 0 8,069
93489 CIwtr Pass Bridge lights 0 100,000 100,000 0 0 100,000
Sub Total 8.717.591 8,679,607 -66,481 8,613,126 8,119,440 45,225 448,461
Libraries
93510 BookslMat'ls Coli-Main/East 4,355,819 4,355,899 4,355,899 3,928,810 132,749 294,340
93515 Office Automation Upgrade 20.280 18,920 18,920 18,920 0 0 C
93518 library Security 65,000 64,920 64,920 64,920 0 0 C
93519 North Greenwood Parking 60,000 60,000 60,000 300 0 59,700
Sub Total 4,501,099 4,499,739 0 4,499,739 4,012.950 132,749 354,040
GENERAL PUBLIC BUILDINGS & EQUIPMENT
Garage
94210 Tire/Fuel Facility 486,167 486,167 486,167 4,500 0 481,667
94220 Fuel Site Enhancement 51,968 51,968 51,968 32,672 0 19,296
94221 Motorized Equip -UP 6,967,200 6,967,200 6,967,200 5,328.939 849,661 788,600
94222 Motorized Equip -Cash 742,755 742,755 742,755 245,607 1,519 495,629
94223 Garage Technology Upgrad 314,301 314,301 314,301 0 0 314,301
94224 Police Mobile Radios 446,450 446,450 -4 446,446 446,446 0 0 C 11-10
94225 Radio Switch for Police 984,400 0 0 0 0 0 C
Sub-Total 9,993,241 9,008,841 -4 9.008,837 6,058,164 851,180 2,099,493
City Hall Annex
94416 Annex Property Developmt 100,000 100,000 100,000 66,578 400 33,022
Sub.Total 100,000 100,000 0 100,000 66,578 400 33,022
Building Maintenance
94509 Roof Replacements 952,325 952,325 952,325 786,163 58,979 107,183
94510 Air Cond Replace-City Wide 540,353 540,353 540,353 244,691 25.530 270,132
94512 Roof Repairs 383,903 383,903 383,903 349,910 0 33,993
94513 Bldg & Maint Facility 250,000 250,000 250,000 182,294 1,050 66,656
Sub-Total 2,126,581 2,126,581 0 2,126,581 1,563,058 85,559 477,964
City Hall
94602 Mun Svcs/P Safety & Police 19,423,803 20,215,370 915,652 21,131,022 11,730,878 9,136.581 263,562 1-11
94603 Mun Svcs Complex Tech 571,179 0 30,975 30,975 0 30,975 0 C l-12
94604 Field Engineering Building 398,801 398,801 29,696 428,497 2,128 0 426,369 1-13
Sub.Total 20,393,783 20,614,171 916,323 21,590,494 11,733,006 9,167,556 689,931
-52-
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1,1995 to March 31,1996
Actual Expenditures
Budget Amended Revised Projoct Open Available Amend
Description 10/1/95 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
GENERAL PUBLIC BUILDINGS & EQUIPMENT (CONTINUED)
Miscellaneous
94702 ADA Transition Plan 658,743 658,743 658,743 551,792 29,962 76,989
94705 Alpha Comp-Hr FinlPyr 195,000 195,000 195,000 185,047 0 9,953
94707 Cen Perm/Comm Respse S 168,000 233,000 95,500 328,500 11,825 106,174 210,501 1-14
94711 Sand Key Power Line 20,000 1,098,000 1,098,000 16,656 0 1,081,344
94712 Engineering Networi< 84,010 84,010 84.010 72.191 0 11,819
94713 Airpari< Master Plan 718,792 718,792 -545,197 173,595 9,839 0 163,757 11-11
94714 Downtown Redevelopment 974,404 974,404 49,931 1,024,335 160,347 0 863,988 1-15
94717 Harborview Center 10,643,610 10,793,610 10,793,610 10,200,722 606,229 -13,341
94721 Kiosk Equipment 44,100 44,100 44,100 18,300 25,800 0
94722 PayrolVHuman Resource S 385,000 385,000 385,000 233,306 57,632 94,062
94725 Graphics Communication S 26,620 26,620 26,620 0 0 26,620
94727 East Shore Development 100,000 100,000 100,000 0 0 100,000
94728 Tourist Center Renovations 11 ,720 11,720 -10,246 1,474 1,474 0 0 C 11-12
94729 Ent NetworkNVAN Connect 90,000 90,000 90,000 0 0 90,000
94730 Utility System Upgrade 190,000 190,000 190,000 38,348 0 151,652
94731 Utility Printer Replacemt 40,000 40,000 -620 39,380 39,380 0 0 C 11-13
94732 TV Ftexicart Unit 135,858 135,858 135,858 135,858 0 0 C 11I-4
94733 Vital Records Microfilm 100,000 100,000 100,000 28,071 1.818 70,112
94734 Harborview Center F F & E 496,406 496,406 496,406 369,810 32,510 94,086
94735 H'view Catering Kitchen 150,000 0 0 0 0 0 C
94736 Geographic Infonnalion 125,000 125,000 125,000 0 0 125,000
94737 Infonn Svcs UPS System 25,000 25,000 25,000 0 0 25,000
94738 Telephone System Replac 2,200,000 1,003,240 300,000 1,303.240 0 1,002,760 300,480 1-16
94739 Pk & Rec Wavelan 36.000 36,000 36,000 8,982 0 27,018
94740 Enterprise Networi<-Phs I 878,880 1,024,650 1,024,650 114,191 808,037 102,422
94741 Auto Time Recording Sys 125,000 125,000 125,000 0 0 125,000
94742 Utility Bill Inserter 81,000 81,000 81,000 0 0 81,000
94743 TV StudiolMun Svc 130,000 130,000 21,171 151,171 0 147,655 3,516 1-17
94744 Apple Tech Bldg Conver 40,000 40,000 -40,000 0 0 0 0 C 11-14
94745 District Parking Plan 100,000 100,000 100,000 0 0 100,000
94746 Chamber of Commerce pr 0 305,250 305,250 301.502 0 3,749
94747 Atrium Apartments Pur 0 0 0 0 0 0 C '"-5
94748 Chicago Promotion 0 155,000 155,000 84,200 68,800 2,000
94752 Air Park Facilities 862,151 862,151 -132,803 729,348 729,348 0 0 C II-iS
94755 General Ledger Package 516,560 501,567 501,567 501,567 0 0 C
Sub-Total 20,351,854 20,889,121 -262,265 20,626,856 13,812,753 2,887,376 3,926,727
UTILmES
Stonnwater Utility
96101 Allen's Cri< Improv 500,000 4,503 4,503 4,503 0 0 C
96102 Stevenson's Crk Improv 5,091,751 5,600,909 5,588 5,606,497 1,040,120 69,998 4,496,380 1-18
96103 Stmwtr Quality Imprv/Prop 2,415,668 2,740,301 -15,706 2,724,595 917,282 802,380 1,004,933 11-16
96104 Stonn Drainage R & R 3,565,154 3,581,159 98,477 3,679,636 2,303,355 1,017.909 358,373 1-19
96105 Habitat Restorllmprovemts 653,090 653,090 35,000 688,090 102,350 69,230 516,510 1-20
96108 Pollutant Str Tk Remv-GF 723,641 723,343 -535,089 188,254 143.559 6.850 37.845 11-17
96109 Downtown Lake 17.100,000 17.230,000 -17000000 230,000 115,313 22,859 91,828 11-18
96111 Groundwater Quality Pr 350,000 350,000 350,000 5,541 21,287 323,172
96112 Vac-Con Sewer Cleaner 0 159,770 159,770 159,770 0 0 C 111-6
96113 Stor Tnk Remv-Fire Sta#6 0 0 100,000 100,000 0 0 100,000 . 1-21
96114 Stor Tank Remv-Fuel Sta 0 0 136,000 136,000 0 0 136,000 1-22
96115 Storg Tank Remv-Annex 0 0 303,000 303,000 1,750 0 301,250 1-23
30,399,304 31,043,075 -16,872,730 14,170,345 4,793,543 2,010,513 7,366,290
-53-
, ......, > ' ", ,.) -- -+---,.-- ........-.....---..---=:.... .-~-- -~ ._~..,~-- ',' -..' "., '. ' :~._>_.....;,~.,...=: '~._ >. ,'..' ':r
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1,1995 to March 31, 'i996
Actual Expenditures
Budget Amended Revised Project Open Available Amend
DescrlptJon 10/1/95 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref
UTILITIES (CONTINUED)
Water System
96703 System R 8. R-Capitalized 3,483.839 3.483.839 3,483,839 2.729,123 312,060 442,656
96704 line Relocation-Capitaliz 4,268.495 4,268,495 4.268,495 1.787.850 975.647 1,504.998
96705 Mtr/Bckflow Prev Dev Chng 1,031.848 1,031.848 1.031,848 841.348 8,939 181,562
96706 System Expansion 1,574.034 1,574,034 1,574.034 1.429,967 0 144,067
96707 Main Construction-Bond 13,368.059 13.368,059 521,840 13,889,899 11.751,734 2.138,162 3 1-36
96721 System R 8. R-Maintenance 615,149 615.149 615,149 470,212 0 144,937
96722 line Relocation-Maint 395.000 395.000 -221,956 173,044 106,227 66,817 0 C 11-28
96729 Engineering Fees Various 71,000 71,000 -18.274 52,726 52,726 0 0 C 11-29
96736 Telemetry Sys Repl Phs 1/ 135.545 135,545 135,545 119,694 775 15,076
96737 Hydrogeological Study 272.470 272,470 4,409 276,879 206,184 70,695 0 C 1-37
96739 Effluent Wtr Dist-P&R 175.000 175,000 175,000 5,579 8,800 160,621
96740 Water SupplyfTreatment 1.195.109 1,195,109 -4.409 1,190,700 11,431 0 1,179.269 11-30
Sub-Total 26,585,548 26,585,548 281,610 26,867,158 19,512,074 3,581,896 3,773,188
Sewer System
96625 Line Relocation 821.532 636,879 -2.584 634.295 607,276 27,019 0 C 11-25
96629 Lift Station R&R 1,071,676 1,071.676 -259,907 811.769 776.759 35.011 0 C 11-26
96630 Sanitary Sewer Ext 702,002 702.002 702,002 180,593 177.251 344.158
96631 WPC R&R 1,386,685 1,386,685 100,000 1,486,685 1,004,733 117,466 364,486 1-32
96632 Sanitary Sewer R&R 10.053,819 10.107.263 306,596 10,413.859 5.238,895 952,231 4,222,733 1-33
96633 S. Sanitary Sewr Intercep 1,579.700 1.579.700 -150,600 1,429,100 1.427,812 1,289 0 11-27
96634 San Util Reloc Accomodatio 1,625,000 1,888,400 2.584 1,890,984 161,941 144.647 1.584,396 1-34
96636 Water Conservation/Reuse 274,287 276,246 276,246 276.246 0 0 C
96637 Marshall St Interceptor 3.755,409 3,698,660 3,698,660 3.698.223 108 329
96641 Northeast Engine Generato 1,133,634 1.025.042 1.025,042 1.025.042 0 0 C
96644 Pump Station .14 Restorati 278,000 224.556 224,556 224.556 0 0 C
96645 Laboratory Upgrade 200,000 256,749 256,749 170,266 5.545 80,938
96647 Residual Treabnent Facility 5,113,584 5,113.675 5,113,675 5,113,675 0 0 C 11I-7
96650 Sludge Fann Sale 77,712 77,712 77,712 77.712 0 0 C
96651 Dump Truck-WPC 68,499 68,499 68,499 68,499 0 0 C
96652 Morton Plant Pump Station 1,170,000 1,170,000 1.170,000 0 0 1,170,000
96653 WPC Computer Upgrade 110,700 110,700 110,700 89.942 0 20,758
96654 AWT Facilities 313,383 421,884 421,884 24,301 0 397.583
96655 WPC Pre-Treatment Prog 60,000 60.000 9,058 69,058 0 56,739 12,319 1-35
96656 Vac-Con Sewer Cleaner 150,000 0 0 0 0 0 C
29,945,622 29,876,328 5,147 29,881,475 20,166,469 1,517,305 8,197,700
Gas System
96301 Pin New Gas Mains & Svc 3,667.522 4,818,771 99,974 4.918,745 3.789,836 1.115,132 13,777 1-24
96302 Pinel/as Gas Sys Improvem 700,000 700.000 700.000 460,746 173,875 65.379
96303 Pin Gas Line ReVPublic Wo 726,502 674,486 674,486 341.988 132,271 200,227
96304 Pin New Gas Market Devel 1,300,000 200,000 -99,974 100,026 53.451 0 46,575 11-19
96305 Pin Gas Bldg & Equip Impro 633,498 907,514 907,514 755,191 4,206 148,118
96320 Pasco ExplNew Mains & Sv 1 ,010,354 3,414,023 1,077,496 4,491.519 1,~18,968 1,544,586 1,727.965 1-25
96322 Pasco Land, BIdg & Equip 283,850 381,746 381,746 323,878 58,130 -262
96353 Gas Heat Pumps 60,000 60,000 -60,000 0 0 0 0 C 11-20
96354 Gas Marketing Plan 87,600 87.600 87,600 20,675 7,869 59.056
96355 Hydraulic Trucks 48,590 0 0 0 0 0 C
96358 Environmental Remediation 157,335 157,335 150.000 307,335 115,339 56,443 135,554 1-26
96363 Gas lnv ControllFin Report 73,142 73.142 73,142 17,575 15,600 39,967
96364 System R&R-Capitalized 255,362 255.362 255.362 22.294 2,380 230,688
-54-
, '
" , 'l " .: , . . ~ '. . .r > '., .." (' , '.: ,I. \,:' " ' '. ", ,'. , ' ;,' .',' \ \' :.'.' '. ':
... : to \ ',~. '-'-~-,_""""~_~'~. --- - . ~ -, , ' ' , '
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
MID YEAR: October 1,1995 to March 31,1996
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/95 PrevQtr Amdmta Budget To Date Encumbr Balance Status Ref
UTlLmES (CONTlNUED)
Gas System (continued)
96365 Line Relocation-Maint 141,089 141,089 141,089 0 19,431 121,658
96366 System R&R-Maintenance 156,683 181,687 181,687 117,208 0 64.479
96367 Gas Meter Change Out 35,000 35,000 35,000 0 0 35,000
96368 Manufac Gas Plant Reme 150,000 150,000 -150,000 0 0 0 0 C 11-21
96369 Pasco Expansion 6,140,000 2,344,231 -1,077,496 1,266,735 0 0 1,266,735 11-22
96370 Pin Ph II New Gas Mains 1,720,000 1,090,000 -96,000 994,000 0 238,237 755,763 11-23
96371 Pin Ph II Gas line Reloc 0 630,000 80,000 710,000 630,000 0 80,000 1-27
96372 Pin Ph II Sys Improvement 0 0 16,000 16,000 0 0 16,000 1-28
17,346,527 16,301,986 -60,000 16,241,986 7,867,147 3,368,159 5,006,680
Solid Waste
96424 Mini Transfer Station 393,695 412,279 412,279 66,713 0 345,566
96426 Facility R & R 572,152 572,152 572,152 331,862 0 240,290
96427 Residential Container Acq 1,548,996 1,548,996 1 ,548,996 1,306,203 1,291 241,502
96428 New Facility 1,034,000 1,002,907 1 ,002,907 1,002,907 0 0 C
95429 Commercial Container Acq 1,534,567 1,594,567 70,888 1,665,455 1,342,424 119,620 203,411 1-29
96433 Recycling Program 1,080,169 1,080,169 1,080,169 1,077,316 1,853 1,000
96435 Tsf Station Fuel Tank Rpl 80,000 80,000 -70,888 9,112 9,112 0 0 C 11-24
96436 Solid Waste Complex 1,709,474 1,775,794 1,775,794 1,702,488 0 73,306
96437 Old Solid Waste Site Work 125,000 106,416 106,416 106,416 0 0 C
96438 Roll-Off Cont Hauling 95,000 95,000 95,000 0 81,500 13,500
8,173,053 8,268,280 0 8,268,280 6,945,442 204,263 1,118,575
Utility Miscellaneous
96515 Reproduction Mach Replac 31,000 31,000 31,000 23,066 0 7,934
96516 Citywide Aerial Photo 33,000 33,000 33,000 11,026 1,915 20,060
96517 Generator/Sewer LSlMotor 38,000 31,893 31,893 31,893 0 0 C
96518 Chestnut/Brown Demo 0 126,411 126,411 85,755 34,594 6,062
96519 Utility Rate Study 0 0 97,526 97,526 0 0 97,526 1-30
96520 Is Estates Redamed Wtr 0 0 395,700 395,700 0 0 395,700 1-31
102,000 222,304 493,226 715,530 151,739 36,509 527,282
Recycling
96801 Recycling Vehicles 227,640 227,640 227,640 0 181,200 46,440
96802 Recyd BldgJProcess Ramp 175,000 175,000 175,000 14~,685 0 25,315
96804 Recycling CartslDumpsters 471,755 477,525 -100,000 377,525 147,641 20,266 209,618 11-31
96805 Recycling Grant 498,536 411,448 411,448 89.140 23,240 299,068
Sub-Total 1,372,931 1,291,613 .100,000 1,191,613 386,466 224,706 580,441
---- _. r _.
TOTAL ALL PROJECTS 220,414,112 222,70lY,985 -15,104,916 207,596,069 124,575,480 33,956,029 49,064,560
========== ========== ========== ========== ========== ========= ============
-55-
...,.,.0 l w. - ~ - l'...-----~..- W ,-~"""'_.- -....-... ~-> " ,.,'. ,", r ~
Clearwater, Florida
SPECIAL PROGRAM FUND
Midyear Amendments
FY 1995-96
I. Increase Amendments
1.
181-99134
2.
181-99317
3.
181-99329
4.
181-99330
5.
181-99331
6.
181-99369
7.
181-99373
8.
181-99374
9.
181-99489
10.
181-99538
11.
181-99558
Evaluation & Appraisal Assistance Grant
To record new grant funds of $14,069.00 received from the Department of Community
Affairs.
Police Education Program
To record a budget increase of $10,847.10 Police Education-Fines to match budgeted
revenues with actual revenues received.
Investigative Recovery Costs
To record a budget increase of $2,846.05 in Court Proceeds to match budgeted revenues
with actual revenues received.
Florida Contraband Forfeiture
To record the following increases to the Florida Contraband Forfeiture project:
Budget increase in court proceeds
$50,186.94
Budget increase for an insurance claim
8.689.50
$58.876.44
Net Budget Amendment
Law Enforcement Trust Fund
To record a total budget increase of $21,943.00 reversing the duplicate entry presented in
First Quarter Amendments 1996.
Condon Family Investment Center
To record a budget increase of $169.67 to complete this grant project as funded by
Operation PAR.
Yr 2 S Greenwood Neighborhood Patrol
To record the receipt of new grant funds of $166,174.72 from the Department of
Community Affairs for the South Greenwood Neighborhood Patrol Substation.
Urban Partnership Grant
To record the receipt of new grant funds of $50,000.00 from the Department of
Community Affairs for the North Greenwood Neighborhood Patrol Enhancement.
Americops-Project Nucops
To record a budget increase of $1,564.90 received from St. Petersburg Junior College
to cover unifonn costs.
Affordable Housing Impact Fees
To record a budget increase of $22,159.50 consisting of rental fees to match budgeted
revenues with actual revenues received.
North County Discrimination '96
To record the receipt of new grant funds of $100,000.00 from the Board of County
CommissiQners of Pinellas County.
-56-
Clearwater, Florida
SPECIAL PROGRAM FUND
Midyear Amendments
FY 1995-96
I. Increase Amendments
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
181-99705
181-99908
181-99910
181-99915
181-99918
181-99921
181-99923
181-99941
181-99962
181-99970
181-99993
Clean Vessel Grant
To record a budget increase of $19,947.67 in grant funding from the Department of
Environmental Protection.
Police - Outside Duty
To record a budget increase of $10,158.55 of Contractual Service Fees to match
budgeted revenues with actual revenues received.
Library Special Account
To record a budget increase of $5,126.28 in Donations to match budgeted revenues with
actual revenues received.
Employee Retirement Fund
To reflect a $500,000 increase in General Fund revenues to replenish the project funding
availability to approximately $1,000,000 at the beginning of FY 1996/97.
North Ft Harrison Beautification
To record the receipt of new grant funds of $4,480.74 from the Florida Department of
Transportation for Florida Highway Beautification.
Urban & Community Forestry Grant
To record the receipt of new grant funds of $18,400.00 from the Florida Department of
Agriculture & Consumer Services.
Internship Program
To reflect a $20,000 increase in General Fund revenues to establish a managerial
leadership program in the current fiscal year.
Moccasin Lake Nature Park
To record a budget increase of $960.49 in Sales, $12.09 in Sales Tax, and $376.26 in
donations for a net increase of $1,348.84 to match budgeted revenues with actual
revenues received.
Parks and Recreation Gift Giving Program
To record a total budget increase of $14,082.80 in Donations to match budgeted with
actual revenues received.
Tree Replacement Project
To record a budget increase of $54,180.00 in Court Proceeds to match budgeted with
acnml revenues received.
Sailing Center Donations
To record a budget increase of $800.00 in Donations to match budgeted revenues with
actual revenues received.
-57-
Clearwater, Florida
SPECIAL PROGRAM FUND
Midyear Amendments
FY 1995-96
n. Decrease Amendments
1.
181-99356
Greenwood/Gardens Youth Program
To record the reversal of the duplicate entry made in Quarter 1 amendments 1996 to
decrease this project by $21,943.00.
2.
181-99914
Clearwater Pass Bridge Ferry
To record the following budget decreases to close this project which is complete.
A budget decrease of donations to match budgeted
revenues with actual revenues received
(10,500.00)
A budget decrease of General Fund revenues,
representing bridge revenues that were returned to
the General Fund at the closing of the Bridge Fund,
to return unused revenues to the General Fund
(22,215.00)
Net Budget Aunendment
($32,715.00)
m. Memorandum AmendrDents
1.
181-99920
Hurricane Opal Relief
The $132.66 in expenses currently charged to this project code have been transferred to
project code 315-91115, so this project may be closed.
-58-
CITY OF CLEARWATER
SPECIAL PROGRAM 5T A TUS SUMMARY
MID YEAR REVIEW: October 1,1995 to March 31,1996
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10/1/95 Prev Qtr Amendmt Budget To Date Encumbr Balance Status Ref
PLANNING PROGRAMS
99128 Countywide Consistency Grant 52,500 52,500 52,500 28,308 500 23,692
99129 Sign Amortization Program 305,834 305,834 305,834 251,031 0 54,803
99130 Mapping Services ~ PPC 3,000 3,000 3,000 0 0 3,000
99133 Concurrency Review Funds 317,720 317,720 317,720 0 0 317,720
99134 EvaVAppraisal Asst Grant 0 0 14,069 14,069 0 0 14,069 1-1
679,054 679,054 14,069 693,123 279,339 500 413,284
PUBLIC SAFETY PROGRAMS
99317 Police Education Fund 562,813 575,788 10,847 586,635 552,559 0 34,076 1-2
99320 Victim Assistance Program 197 197 197 41 0 156
99325 Citizen's Police Academy 18,500 18,500 18,500 15,083 0 3,417
99329 Investigative Recovery Costs 67,161 73,205 2,846 76,051 46,986 5,814 23,251 1-3
99330 FL Contraband Forfeiture Fnd 149,540 270,777 58,876 329,653 159,376 0 170,277 1-4
99331 Law Enforcement Trust Fd '91 979,188 957,245 21,943 979,188 684,768 0 294,420 1-5
99332 OffICer Friendly Program 45,328 51,656 51,656 38,352 0 13,304
99333 Bicycle Jamboree 4,296 5,246 5,246 4.309 0 938
99356 Greenwood/Gardens Youth Prog 47.430 92,316 (21,943) 70,373 32,897 845 36,631 11-1
99361 Pub Hsg Drug Elimination 227,290 227,290 227,290 215,690 0 11,600
99363 DUI Equipment Fund 3,000 4,500 4.500 4.189 0 311
99364 Crime Prevention Program 630 630 630 556 0 74
99366 S Greenwood Nelghborhd Patr! 250,035 250,035 250,035 227,709 200 22,126
99367 COPS-Phase 1-Yr 1 526,555 526,555 526.555 213,340 0 313,215
99368 Vehicle Theft Prevention 34,669 34,669 34,669 19,533 0 15.136
99369 Condon Family Inv Ctr 15,000 15,000 170 15,170 15.170 0 0 C 1-6
99370 N Greenwood NP Kids 0 3,803 3,803 1,798 0 2,005
99371 Community Action Team 0 450 450 2,176 638 (2,363)
99372 Intergenerational Grant 0 15,000 15.000 5,125 0 9,875
99373 Yr 2 S Greenwood Neighborhood 0 60,000 166,175 226.175 109,631 0 116,538 1-7
99374 Urban Partnership Grant 0 0 50.000 50,000 0 0 50,000 1-8
99489 Americops - Project Nucops 43,439 43,439 1,565 45,004 40,171 0 4,827 1-9
Sub-Total 2,975,071 3,226,302 290,479 3,516,780 2,389,470 7,497 1,119,814
COMMUNITY DEVELOPMENT
99464 Public Fac & Improv '93 10.431 10,437 10.431 10,000 0 437
99466 Infill Housing Developmt'93 146,394 146,394 146,394 146,394 0 (0) C
99471 Public Fac & Improv '94 49,235 49,235 49.235 49,235 0 0
99475 Property Acquisition '94 104,589 104,589 104,589 27,808 0 76.781
99478 Property Demolition '94 30,000 30,000 30,000 11,804 0 18.196
99481 Public Services '95 163,031 163,031 163,031 160,399 0 2,632
99482 Public Facilities '95 329,794 329.794 329,794 271,429 0 58.366
99483 Housing Rehabilitation '95 165,632 165,632 165,632 49,576 0 116.056
99484 Temp Housing Relocation '95 10,000 10,000 10,000 1,810 0 8.190
99485 Subreciplant Infill Hsing'95 959,430 959,430 959,430 505,527 0 453,903
99486 Special Economic Dev '95 191.826 191,826 191,826 119,914 0 71.912
99487 Program Administration '95 221,600 221,600 221,600 163,114 0 58,486
99488 Code Enforcement '95 217.000 217,000 217,000 173,439 0 43,561
99490 Code Enforcement '96 175,000 175,000 175,000 72,945 0 102,055
99491 Economic Development '96 224,064 224,064 224,064 94,149 0 129,915
99492 Housing Rehabilitation '96 180,340 240,340 240,340 10,646 0 229,694
99493 Infill Housing '96 76,415 76,415 76,415 34,383 0 42,032
99494 Public Facilities '96 271.500 271,500 271.500 190,546 0 80,954
99495 Public Services '96 150,673 150,673 150,613 53,075 0 91,598
99496 Program Administration '96 217,000 217,000 217.000 44,012 9,000 163,988
Sub-Total 3,893,960 3,953,960 .0 3,953,960 2,190,202 9,000 1,754,758
-59-
. . , .' , ,;:":: :.~_/;.: r',. .', ' " ,..' ," ",' '. -. ,-~
CITY OF CLEARWATER
SPECIAL PROGRAM STATUS SUMMARY
MID YEAR REVIEW: October 1.1995 to March 31, 1996
Actual Expenditures
Budget Amended Revised Project Open Available Amond
Description 10/1/95 Prev Qtr Amendmt Budget To Date Encumbr Balance Status Ref
SOCIAL SERVICES
99538 Affordable Housing Imp Fees 203,531 229,955 22,160 252,115 132,235 0 119,880 1-10
99555 EEOC Charge Resolution '95 73,950 73,950 73,950 37,105 0 36,846
99557 Code Enforcement-N Gmwd '96 58,000 58,000 58,000 8.453 0 49,547
99558 North County Discrimination '96 0 0 100,000 100,000 0 0 100,000 1-11
99598 Challenge loan Guarantee Fd 56,548 60,494 60.494 0 0 60.494
99599 Infill Housing Developmt Pgrn 397.499 408,429 408.429 209,136 0 199,293
Sub-Total 789,528 830.828 122.160 952,987 386,929 0 566.059
MARINE
99701 Clearwater Beach Nourishment 2,500 2,500 2,500 300 0 2,200
99704 Sembler Mitigation Project 330,360 349.424 349.424 0 0 349.424
99705 Clean Vessel Grant 37,440 37,440 19,948 57,386 55,038 0 2,350 1-12
Sub-Total 370.300 389.364 19,948 409,312 55,338 0 353.974
MISCELLANEOUS PROGRAMS
99903 FROG Reissue Program 8,802 8,812 8,612 3,946 0 4,866
99906 Vision Cable Consultation 89,000 89,000 89,000 73,159 0 15,841
99908 Police - Outside Duty 17,744 20,934 10,159 31,093 31.484 0 (391 ) 1-13
99909 CRA Downtown Beautification 28,008 28,949 28,949 26,934 0 2,015
99910 library Special Account 141,972 145,381 5,126 150,507 127,303 293 22,911 1-14
99911 Library Training Grant-Spano 7,500 7.500 7,500 7,500 0 0
99912 Community Survey 20,895 20,895 20,695 0 0 20,895
99914 Clearwater Pass Bridge Ferry 80,000 80,000 (32,715) 47,285 47,285 0 0 C 11-2
99915 Employee Retirement Fund 1,000,000 1,000,000 500,000 1,500,000 263,427 0 1,236,573 1-15
99916 Reengineering Training 80,000 80,000 80,000 7,110 5,630 67,260
99917 Ervin's Youth Group 107,540 107,540 107,540 50,650 0 56,890
99918 N Ft Harrison Beautification 0 0 4,481 4,481 920 0 3,561 1-16
99919 Waste Tire Grant 0 72,390 72,390 4,354 0 68,036
99920 Hurricane Opal Relief 0 0 0 0 0 0 C 11I-1
99921 Urban & Comm Forestry Grant 0 0 18,400 18,400 0 0 16,400 1-17
99923 Internship Program 0 0 20,000 20,000 0 0 20,000 1-18
99928 Na~ano Sister City Program 31.329 31,329 31,329 24,151 0 7,178
99941 Moccasin lake Nature Park 56,679 58,354 1,349 59,703 46,508 6,330 4,865 1-19
99950 lOB Fees 54,131 54,131 54,131 26,830 0 27,301
99962 Parks & Rec Gift Giving Pgm 230,713 267,441 14,083 261,524 246,853 0 34,671 1-20
99970 Tree Replacement Project 71,319 74,511 54,180 128,691 39,515 0 89,176 1-21
99987 Countryside Recycling 1,807 1,807 1,607 0 0 1,807
99989 Media Radios 10,107 10,107 10,107 1.842 0 6,265
99993 Sailing Center Donations 14,656 17,050 800 17,650 17.265 0 585 1-22
99995 Water Conservation Devices 100,000 100,000 100,000 56,004 0 41,996
99998 Safety Village 19,005 19,067 19,068 11,328 0 7,740
Sub-Total 2.171.207 2,295.198 595,862 2.891,061 1.116.368 14,253 1.760.440
TOTAL ALL PROJECTS 10.879.120 11.374,706 1.042,517 12.417,224 6.417.646 31,249 5,968.329
-60-
SPECIAL REVENUE FUNDS
Mid Year: October 1, 1995 - March 31,1996
SPECIAL DEVELOPMENT FUND
First Quarter Mid Year
Original Amended Amended
Budget Budget Budget
1995/96 1995/96 1995/96 Amendments
Revenues:
Ad Valorem Taxes 1,524,040 1.524,040
Infr astr uctur e Tax 5,900,000 5,900,000 6,150,000 250,000
Rental Fees 130,000 130,000
Development Impact Fees 25,000 25,000
Inter est Ear nings 400,000 400,000
Open Space Fees 100,000 100,000
Recr eation Facility Fees 80,000 80,000
Recr eation Land Fees 250,000 250,000
Tr anspor talion Impact 200,000 200,000 230,000 30,000
Local Option Gas Tax 800,000 800,000 850,000 50,000
Centr allns Fd loan 2,220,700
Pr ior Year War king Capital 0 616,061 1,432,934 816,873
9,409,040 12,245,801 13,392,674 1,146.873
Expenditures:
Tr ansfer to Capital
Impr ovement Fund 8,813,160 11,649,921 12,466,794 816,873
Debt Ser vice Payments 300,000 300,000 300,000
9,113,160 11.949,921 12,766,794 816,873
SPECIAL PROGRAM FUND
Revenues:
Inter gover nmental:
COSG Gr ant 1,015,000 1,075,000 1,075,000
Inter est Ear nings 100,000 153,655 153,655
Miscellaneous 3,000 3,000 21,861 18,861
Fines & For feits 151,583 269,643 118,060
Gr ant Pr oceeds 87,390 460,632 373,242
Gener al Fund 3,803 501,587 497,784
Donations 52,372 58,696 6,324
Sales 1434 2,394 960
Contr actual Ser vices 3,190 3,190
SLEF 60,000 60,000
Rental Fees 22,159 49,445 27,286
1.118.000 1,613,586 2,656,103 1,042,517
Expenditures:
Planning Pr ogr ams 14,069 14,069
Public Safety Pr ogr ams 251,231 541,710 290,479
Community Develop Pr og 1,015,000 1,075,000 1,075,000
Social Ser vices 41,300 163,460 122,160
Mar ine 19,064 39,012 19,948
Miscellaneous 123,991 719,852 595,861
Nagano Pr our am 3,000 3,000 3,000
1,018.000 1,513,586 2.556,103 1,042,517
-
-61-
~... -..-..--...--.--." .....,-.. "'.- .. ..,-;.:.:.... ;.,."'.' \. .
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDER
Mid-Year Review
FY 1995/96
In accordance with City of Clearwater Code Section 2.564,(2), the City Manager may approve and execute change
orders without City Commission approval within certain limitations.
The following change order have been administratively approved since the last report to the Commission based on the
code specified criteria:
1. Increases do not exceed $25,000 over Commission approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project,.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than thirty (30) days, in anyone change or
cwnulatively for the same project.
.....
02/22/96
Administrative Change Order No.1 - 1996 Underdrain Con/ract (96-2). This
change order increases the contract to provide for the removal of an abrupt
curve in the roadway of Oak Forest Drive.
Golden Triangle Asphalt Paving Company
$ 21,885.53
02/23/96
Administrative Change Order No. 2 and Final - 1995 Miscellaneous
Construction Project (95-18). This change order decreases the contract to
adjust the contract quantities to those amounts actually used to complete the
various small construction project located throughout the City which were
included in the project.
Keystone Excavators, Inc.
- $ 8,633.74
03/06/96
Administrative Change Order No.2 - Countryside Community Recreation
Center (PO #9757). This change order increases the contract due to de-
watering, Board of Health potable water and fire protection, and de-watering
pump move increases. It also deletes the drainage swail.
MTM Contractors
$ 23,816.00
03/15/96
Administrative Change Order No. 2 - ClearwaJer Harbor Directional Drill
Force Main and Gas Main Installation (95-22). This change order increases the
contract due to the addition of the following: 20" line stop, 12" line stop, 14"
HDPE force main, 20" HDPE force main, and 20" HDPE direct bury. The
change order is reduced by the 20" force main and the deletion of the restart
directionally drilled pilot hole.
Hall Contracting Corporation
$ 20,974.25
04/01/96
Administrative Change Order No.3 and Final - 1995 Sidewalk Con/ract (95-
10). This change order reduces the contract due to the removal of several
projects, as well as a decrease in the amount of sidewalk at the McMullen
Tennis Complex.
MTM Contractors, Inc.
- $ 90,967.91
-62-
04/26/96
05/09/96
05/08/96
05/16/96
City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDER
Mid-Year Review
FY 1995/96
Administrative Change Order No.1 - 1996 Street Resurfacing COn/ract (96-01).
This change order makes revisions to the contract to decrease the amount of
asphaltic concrete and increase the amount of curb replacement.
Golden Triangle Asphalt Paving Company - $ 218.75
Administrative Change Order No. 1 - Traffic Engineering Field Services
Operations Complex (96-6). This change o::der reflects the adjustment of
contract quantities for the new building location. The principal reduction of
quantities is the removal of site development work for parking lot and
stormwater treatment areas.
Hennessy Construction Services - $ 164,561.74
Administrative Change Order No. 1 and Final - Demolition of Conunercial
Structures at 1171 and 1175 Cleveland Street and 900 Chestnut Street (95-28).
This change order adjusts the contract quantities to those amounts actually used
to complete the project.
Terra Excavating, Inc. $ 1,503.90
Administrative Change Order No.2 - 1996 Underdrain COn/ract (96-2). This
change order provides for the increased installation of 8" underdrain pipe and
the adjustment or remaining contract quantities to allow for this additional 8"
pipe installation.
Keystone Excavators, Inc. -$ 57.15
-63-
CITY OF CLEARWATER
SUMMARY OF CLAIMS SETTLED
Mid-Year Review
1995/96
SUMS PAID TO CLAIMANTS IN SETTLEMENT OF CLAIMS IN EXCESS OF $2,000
DATE OF
INCIDENT
DATE
SE'ITLED
CLAIMANT
AMOUNT
DETAIL
01111/96 03/01/96 Ream Wilson $2,994 Parked vehicle was struck by City vehicle. The total
paid was comprised of repairs, care rental fees and
appraisal fees.
12/06/95 04/01/96 Pinellas Private 2,662 A city vehicle backed into the claimant's van. Total
Industry Council shown includes appraisal costs.
12/14/95 05/09/96 Vincent Foley 2,083 A citizen fell into a hole in a pave City right-of-way.
Claim costs were split between City and insurer of
abutting property owner.
Total Paid $ 7,739
SUMS PAID TO CITY IN SETTLEMENT OF CLAJ1\.fS EXCEEDING $2,000
01111/96 04/01196 City 7,268 State Farm paid for repairs to a City vehicle damage
by a citizen. This payment represented 100% of the
loss.
01103/96 04/16/96 City 2,908 City received full reimbursement for a vehicle loss in
which the citizen was ticketed
Total $ 10,176
Collected
-64-
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ORDINANCE NO. 6056-96
AN ORDINANCE OF THE CITY OF CLEAR WATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1996 TO REFLECT INCREASES AND
DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL
FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
WATER AND SEWER FUND, GAS FUND, SOLID WASTE FUND,
STORMWATER UTILITY FUND, RECYCLING FUND, PARKING FUND,
PIER 60 FUND, GENERAL SERVICES FUND, GARAGE FUND, CENTRAL
INSURANCE FUND, AND ADMINISTRATIVE SERVICES FUND, AS
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 1996, for operating purposes,
including debt service, was adopted by Ordinance No. 5913-95; and
WHEREAS, at the Mid Year Review it was found that an increase in expenditures of $510,521 is
necessary in the General Fund; an increase of $816,873 is necessary in the Special Development Fund; an increase of
$1,042,517 is necessary in the Special Program Fund; an increase of $610,586 is necessary in the Water & Sewer
Fund; an increase of $1,393,293 is necessary in the Gas Fund; an increase of $11,180 is necessary in the Solid Waste
Fund, an increase of $18,440 is necessary in the Storrnwater Utility Fund; an increase of $4,930 is necessary in the
Parking Fund; an increase of $25,000 is necessary in the Central [nsurance Fund; and that sufficient revenues are
available to cover these additional expenses; and
WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked
Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for
the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen
circumstances or emergencies arising during the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEAR WATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 5913-96 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 1995 and ending September 30, 1996 a copy of
which is on file with the City Clerk, the City Commission hereby adopts an
amended budget for the operation of the City, a copy of which is attached hereto as
Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor-Commissioner
Attest:
Approved as to fonn and
legal sufficiency:
Cynthia E. Goudeau, City Clerk
Pamela K. Akin, City Attorney
EXHIBIT A
6/12/96
1995-98 BUDGET REVENUE
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
1995196 1995/96 1995/96 Difference
General Fund:
Property Taxes 19,303,820 19,303,620 19,303,820
Sales Tax 4,358,260 4,358,260 4,358,260
Franchise Fees 6.144.630 6,144.630 6.644,630 500.000
Utility Taxes 12,845,080 12,845.080 13,445,080 600,000
Ucenses & Pennlts 2,402,000 2.402,000 2,402,000
Fines. Forfeitures or
Penalties 1,508,000 1,508,000 1,428,000 -80,000
Intergovernmental Revenue 7,278,090 7,278.090 7,279,890 1,800
Charges for Services 1,110,490 1,110.490 1.121.820 11,330
Use and Sale of City Property
and Money 1,366,350 1,366,350 1,368,350 2.000
Miscellaneous Revenues 108,420 106,420 120,420 12,000
Interfund Transfer 9,311,830 9,311,830 9,293,830 -18,000
Transfer from Surplus 0 2,498,938 1,980.329 -518.609
Total. General Fund 65,736,970 68,235,908 68,746,429 510,521
Special Revenue Funds:
Special Development 9,409,040 12,245,801 13,392,674 1,146,873
Special Program Fund 1,118,000 1.613,586 2,656.103 1.042,517
Utility & Other Enterprise Funds:
Water & Sewer Fund 36,461,100 36,461,100 36,120,286 -340,814
Gas Fund 19,055,970 21,790,725 22.338,214 547.489
Solid Waste Fund 12.215,450 12,239.330 12,258,940 19.610
Stonnwater UtIlity Fund 4,160,630 4,161.770 4,180,210 18,440
Recycling Fund 2,341,100 2.183.060 1,933,260 -249,800
Marine Fund 1,855,020 1,855,020 1.851,220 -3.800
Parking Fund 2.586,090 2,726,366 2,731,296 4,930
Pier 60 Fund 335,340 344,410 325,740 -18.670
Harborvlew Center Fund 796,500 796,500 796,500
Intemal Service Funds:
Administrative Services Fund 4,563,430 5,429,156 5,429,156
General Services Fund 2.921,480 2,251,800 2,251.800
Garage Fund 8.483,980 8,483,980 8,313.530 -170,450
Central Insurance Fund 8.238,730 8.238,730 8,236,730
Total. All Funds 180,278,830 189,057,242 191,564,088 2,506,846
ordinance no. 6056-96
2
EXHIBIT A (Continued)
1995.96 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
1995/96 1995/96 1995/96 Difference
General Fund:
City Commission 180,530 190,530 208,530 18,000
Administration 2,199,130 2,343,020 2,336,770 -6,250
Legal 1,087,150 1,087,150 1,063,520 -23,630
City Clerk 648,870 675,370 671,100 -4,270
1M - Community Outreach 505,310 540,310 540,310
Finance 1,353,750 1,353,750 1,353,750
Human Resources 875,800 705,910 714,410 8.500
Police 21,972,490 21,988,890 21,919,170 -69,720
Fire 10,171,060 10,171,060 10,137,720 -33,340
Central Pennlttlng 1,854,670 1,854,670 1,854,670
Economic Development 470,810 470,810 470,810
Parks & Recreatlon 10,161,250 10,161,250 10,155,081 -6,169
Library 3,925,640 3,925,640 3,946,390 20,750
Engineering 4,820,910 4,820,910 4,806,620 -14,090
Public Works 1,637,020 1,637,020 1,634,280 -2,740
Engineering. Airpark Coordlnatlon 61,480 61.480 61,480
Marine - Sailing Center 122,690 122,690 122,690
Non-Departmental 3,688,410 6,125,448 6,748,928 623,480
Total, General Fund 65,736,970 68,235,908 68,746,429 510,521
Special Revenue Funds:
Special Development Fund 9,113,160 11,949,921 12,766,794 816,873
Special Program Fund 1,018,000 1,513,566 2,556,103 1,042,517
Utility & Other Enterprise Funds:
Water & Sewer Fund 35,439,210 35,509,700 36,120,286 610,586
Gas Fund 17,998,010 19,939,523 21,332,816 1,393,293
Solid Waste Fund 12,215,450 12,239,330 12,250,510 11,180
Stonnwater Utility Fund 4,160,630 4,161,770 4,180,210 18,440
Recycling Fund 2,128,680 2,104,740 1,895,610 -209,130
Marine Fund 1,805,460 1,805,460 1.805.460
Parking Fund 2,566,090 2,726,366 2,731,296 4,930
Pier 60 Fund 323,880 332,950 325,740 -7,210
Harborvlew Center Fund 796,500 796,500 796,500
Internal Service Funds:
Administrative Services Fund 4,553,830 5,414,056 5,071,346 -342,710
General Services Fund 2,826,870 2,162,690 2,162,690
Garage Fund 7.962,750 7,962,750 7,623,470 -339,260
Central Insurance Fund 7,645,200 7,645,200 7,670,200 25,000
Total, All Funds 176,310,690 184,500,450 188,035,460 3,535,010
ordinance no. 6056-96
3
ORDINANCE NO. 6057-96
AN ORDINANCE OF THE CITY OF CLEAR WATER. FLORIDA, AMENDING THE
CAPITAL IMPROVEMENT PROGRAM REPORT AND BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996, TO REFLECT A DECREASE IN BUDGET
EXPENDITURES TO EXPAND THE SCOPE OF PROJECTS IN THE FUNCTIONAL
CATEGORIES OF POLICE PROTECTION, FIRE PROTECTION, SIDEWALKS AND
BIKE TRAIL, PARK DEVELOPMENT, CITY HALL, WATER SYSTEM, SEWER
SYSTEM, AND UTILITY MISCELLANEOUS, AND TO REFLECT A DECREASE IN
BUDGET EXPENDITURES TO REDUCE THE SCOPE OF PROJECTS IN THE
FUNCTIONAL CATEGORIES OF INTERSECTIONS, MISCELLANEOUS
ENGINEERING, LAND ACQUISITION, MARINE FACILITIES, GARAGE, BUILDINGS
& EQUIPMENT MISCELLANEOUS, STORMW A TER UTILITY, GAS SYSTEM, AND
RECYCLING, FOR A NET DECREASE OF $15.104.916; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Capital Improvement Program Report and Budget for the fiscal year ending September
30, 1996 was adopted by Ordinance No. 5914-95; and
WHEREAS, unanticipated needs necessitate an increase in expenditures for the following: Police
Protection $285,000; Fire Protection $9,477; Sidewalks and Bike Trail $100,000; Park Development $785,020; City
Hall $976,323; Water System $28 t ,61 0, Sewer System $5,147; and Utility Miscellaneous $493,226; and
WHEREAS, funds of $4.284.429 are available to finance these projects through use of General Fund
Revenues, Special Development Fund Revenues, Community Redevelopment Agency Revenues, Infrastructure Taxes,
Pine lias County Commission Revenues, Revenues from Other Municipalities, Rental Fees, Water & Sewer Revenues,
Gas Revenues, Solid Waste Revenues, Stonnwater Utility Revenues, Lease Purchase Revenues, Municipal
ServicesIPolice Complex Construction Bond Revenues and
WHEREAS, Section 2.519 of the Clemwater Code authorizes the City Commission to provide for the
expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen
circumstances or emergencies arising during the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA;
Section I. Section 1 of Ordinance No. 5914-95 is amended to read:
Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated
Budget for the fiscal year beginning October I, 1995 and ending September 30, 1996, a copy
of which is on file with the City Clerk, the City Commission hereby adopts a Mid Year
Amended budget for the capital improvement fund for the City of Cleanvater, a copy of which
is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor-Commissioner
Attest:
Approved as to fonn and
legal sufficiency:
Cynthia E. Goudeau, City Clerk
Pamela K. Akin, City Attorney
EXHIBIT A
6/1 0/96
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
1995/96 1995/96 1995/96 Amendments
---- -- -----
Pollee Protection 415,000 1,251,728 1,536,728 285,000
Fire Protection 73,680 105,688 115,165 9,4 77
New Street Construction 2,300,000 2,300,000 2,300,000
Major Street Maintenance 1,625,160 1,625,160 1,625,160
Sidewalks & Bike Trails 200,000 -2,678 97,322 100,000
Stonn Drainage 0 -340,638 -340,638
Intersections 535,000 535,000 12,066 -522,934
Parking 150,000 148,982 148,982
Miscellaneous Engineering 1,375,000 2,260,000 2,253,695 -6,305
Land Acquisition 0 0 -150,000 -150,000
Park Development 1,400,000 3,079,411 3.864,431 785.020
Beautification 0 0 0
Marine Facilities 110,000 72,016 5,535 -66,481
Libraries 676,110 674,750 674,750 0
Garage 3,030,850 2,046,450 2,046,446 -4
Maintenance of Buildings 249,000 249,000 249,000
City Hall 0 220,388 1,196,711 976,323
Miscellaneous 3,880,880 4,418,147 4,155,882 -262,265
Stormwater Utility 20,765,000 21,408,771 4,536,041 -16,872,730
Water System 1,125,000 1,125,000 1,406,610 281,610
Sewer System 3.724,700 3,655,406 3,660,553 5,147
Gas System 8,092,000 7,047,459 6,987,459 -60,000
Solid Waste 305,000 400,227 400.227
Utilities Miscellaneous 0 120,304 613,530 493,226
Recycling 371,300 289,982 189,982 -100,000
TOTAL 50,403,680 52,690,553 37,585,637 -15,104,916
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
ordinance no. 6057-96
2
EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995196
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
1995196 1995/96 1995/96 Amendments
GENERAL SOURCES: ---- -..--.-- ------ ---
General Operating Revenue 1, 151,000 3,586,966 4,074,622 487,656
General Revenue/County Co-op 206,110 206,110 206,110
General Revenue/County EMS 73,680 73,680 73,680
Special Development Fund 0 142,712 756,022 613,310
Community Redevelopment Agency 0 0 49,931 49,931
Road Millage 1,552,200 1,552,200 1,552,200
Recreation Facility Impact Fees 0 439,270 439,270
Recreation Land Impact Fees 0 0 -99,000 -99,000
Transportation Impact Fees 90,000 90,000 90,000
Infrastructure Tax 5,770,960 7,991,660 8,294,223 302,563
Development Impact Fees 100,000 125,000 125,000
Local Option Gas Tax 1,170,000 1,170,000 1,170,000
Grant 0 80,706 -597,294 -678,000
FEMA 0 29,568 29,568
Pinellas County Commission 0 0 19,497 19,497
Property Owners Share 0 625,000 625,000
Donations 0 5,000 5,000
Other Municipalities 0 2,440 84,249 81,809
Special Program Fund 0 0 0
Rental Fees 0 13,661 19,249 5,588
SELF SUPPORTING FUNDS:
Marine Operating Revenue 40,000 40,000 31,896 -8,104
Bridge Revenue 0 0 -167,415 -167,415
Parking Revenue 150,000 225,000 225,000
Pier 60 Revenue 0 0 0
Utility System:
Water & Sewer Revenue 3,249,700 3,320,189 4,056,015 735,826
Water Impact Fees 50,000 50,000 50,000
Water R& R 700,000 700,000 700,000
Sewer Impact 50,000 50,000 50,000
SewerR&R 650,000 650,000 650,000
Gas Revenue 232,000 2,953,115 4,234,501 1,281,386
Gas R & R 0 25,004 25,004
Solid Waste Revenue 210,000 233,880 248,510 14,630
Stormwater Utility 1,250,000 1,251,140 1,305,640 54,500
Recycling Revenue 196,300 214,760 114,760 -100,000
Recycling Grant 175,000 175,000 175,000
ordinance no. 6057-96
3
EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1995/96
Original
Budget
1995/96
First Qtr
Amended
Budget
1995/96
Mid Year
Amended
Budget
1995/96 Amendments
GENERAL SOURCES:
Enterprise Operating Revenue 300,000 300,000 300,000
Harborview Center 0 0 0
INTERNAL SERVICE FUNDS:
Garage Fund 65,800 65,800 65,800
Admin Services Fund 15,000 15,000 15,000
General Services Fund 0 0 0
BORROWING:
Lease Purchase 91,000 30,240 365,931 335,691
Bond Issue - Mem Cswy 1,350,000 1,350,000 1,350,000
Bond Issue - Downtown Lake 17,000,000 17,000,000 0 -17,000,000
Bond Issue - Sand Key 0 473,000 473,000
Bond Issue - Mun Svcs Police Bldg 0 0 302,342 302,342
Internal Borrowing 0 -2,000,000 -2,000,000
SELF-SUPPORTING FUNDS:
Water & Sewer Lease/Purchase 150,000 -6,107 -6,107
Stonnwater Lease/Purchase 0 159,770 159,770
Solid Waste Lease/Purchase 95,000 95,000 95,000
Gas Lease/Purchase 0 -48,590 -48,590
1994 Gas Bond Issue 7,860,000 4,131,569 2,795,063 -1,336,506
INTERNAL SERVICE FUNDS:
Garage Lease/Purchase 1,534,200 1,534,200 1,534,200
Gen Svc Lease/Purchase 3,630,850 3,630,850 3,630,850
Admin Svc Lease/Purchase 1,184,880 -62,240 -62,860 -620
TOTALS: 50,343,680 52,690,553 37,585,637 -15,104,916
------------ ------------ ------------ ------------
------------ ------------ ------------ ------------
ordinance no. 6057-96
4
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Item # 53
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Clearwater City Commission
Agenda Cover Memorandum
Item #:
53
Meeting Date: 6/20/96
SUBJECT: Completion of Harborview Center
RECOMMENDATION/MOTION: Approve expenditure of $498,400 needed for completion of redefined
Harborview Center, and the list of betterments for an additional authorization of $232,500, and approve
an interfund loan in the amount of $730,900 from the Central Insurance Fund, bearing interest at the
cash pool rate, to be repaid from Penny for Pinellas collections in FY 1999
o and that the appropriate officials be authorized to execute same.
SUMMARY:
~ i
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Attached is the breakdown of the recommended work and associated costs.The references attached
referred to in the second column were previously provided.
;~
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Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
NA
NA
NA
NA
NA
Originating Department:
City Manager
Costs:
$ 730,900
Total
Commission Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
User Department:
Current Fiscal Year
NA
Advertised:
Date:
Paper:
IRI Not Required
Funding Source:
o Capital Improvement
o Operating
o Other:
Attachments:
Submitted by:
Appropriation Code
fN
ct'Manager
'0 Printed on recycled paper
Affected Parties
o Notified
~ Not Required
315-9471 7-5xxxxx-5 19
o None
ReC0111111Cndations
To Bring Harborview Center Project To Conlpletion
June 14, 1996
53
Description of \Vork Element Ref. Costs Approved Additional
Attach Funds Funding
Available Requested
Completion of construction of banquet (A) 331,000 2 1,000 310,000
kitchen, including fees and 10%
contingency
Purchase fixed new kitchen equipment, (B) 182,000 182,000
incl ud ing fees
Completion of construction of basic (C) 374,000 450,000 (76,000)
banquet space, "The Clearwater Room",
including fees and 10% contingency
Additional costs for completion of city (D) 163,000 80.600 82,400
responsibility for "Pickles Plus" space
build out, including fees and 10%
contingency
Note: This work has already been
authorized by the City
SUB-TOTAL 1,050,000 551,600 498,400
Convert lower level space to banquet (E) 27,000 27,000
storage area
Purchase mobile kitchen and serving (F) 120,000 120,000
equipment
Rehab upper level men's restroom 3,000 3,000
Improve fire stair hardware 2,500 2,500
Budget for marquee sign 55,000 55,000
Upgrade Clearwater Room, chandeliers, (C) 25,000 25,000
wood trim and ceiling treatment
TOTAL 1,282,500 551,600 730,900
NOTES:
According to Dean Rowe, Biltmore Construction officers, and Globe Facilities General
Manager, the costs, with the exception of the Marquee, have been bid, and absent any
further change, the work will be completed at this price.
The Marquee estimate has heen provided to Globe Facil ities by a sign company based on
preliminary design work.
Requests for funding for the Parking Deck canopy, striping and landscaping, as weIl as funds to
upgrade an exi$ting elevator, totalling $34,000 were included in the 6/6/96 agenda item request,
but deleted from this recommendation.
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1F~-.3
CITY OF CLEARWATER
Correspondence
TO:
FROM:
Elizabeth M. Deptula, City Manager
William o. Bairf~neral Services Director
COPIES:
SUBJECT:
Harborview Center
DATE:
June 19, 1996
During the past several days, staff has met with the principal parties involved with the Harborview project:
Rowe Architects, Biltmore Construction and Globe Facility Services Management. The information in this
memorandum is effective this date.
The first issue is an evaluation as to the status and/or final estimates and the possibility of unanticipated
(" surprise") costs. It should be noted that the contractual relationship between the City, the Architect, and
the Contractor is such that any costs arising from pre-existing conditions (i.e. conditions present prior to
the project) are the financial responsibility of the City. The two 10,000 gallon grease traps intended for use
by Pickles Plus and the banquet facility may be an example of unanticipated costs. An existing cast iron
pipe from the facility through the slab to the grease traps was accepted by the City (pre-existing condition).
The grease trap lines had been dye tested and appeared to be operational and intact. However, upon using
these lines a problem could arise similar to the one experienced with the sewer line from the first floor (e.g.
when the toilets were used, a partially broken and obstructed sewer line below slab was discovered). Since
this line was a pre-existing condition, the repair became the City's financial responsibility. Therefore, by
the contract terms, the City cannot be guaranteed that all cost estimates are final (see Attachment A).
All future requests for funding (construction change directives) will be approved by the City's staff,
including financial staff, prior to signature; costs and funding sources will be specifically identified.
Of all funds already appropriated to the existing scope of work and for all the agenda item requests for
additional allocation of funds, it is believed funding will be sufficient to complete the current and proposed
scope of work.
It should be noted that the traditional construction approach of transmittals, drawings, and documentation
were not available during the construction phases. Partial documentation (transmittals) was received from
the Architect and the Contractor on June 17, 1996. As a result, staff has not completed its review of these
documents. Upon receipt of the balance of the documentation, staff will complete its analysis.
Attachnlellt B, prepared by Rowe Architects, is the most recent punch list. Please note that punch lists are
continually being prepared and corrected by both the Architect and the Contractor. In the future, staff has
requested that Rowe Architects provide an updated punch list at the weekly construction meetings.
A walk-through with Globe Facility Management personnel was conducted on June 11, 1996. An analysis
of the walk-through and areas of concern follow this page.
, ". . ' '~I . ,..:, J <,,~,T~'~1~':~!i..t;'i< :'1\' ~ ' '
lIarborvicw Walk-through with Globe Personnel
Tuesday, June 11, 1996
A walk-through of the Harborview facility was conducted by Bill Baird, Jim Wood and Barry Strafacci,
Globe Facility Services General Manager, on Tuesday, June 11, 1996. Mr. Strafacci expressed the
following concerns. See City staff response on page 5.
1. Cost information has not been shared--dolIars spent in proportion to the work that has been
accomplished. Some items, in general, have not been costed out. Dean Rowe has referred to Bill
Baker but the information has not been disseminated. RESOLVED AS O~'" 6/17/96.
2. Several leak problems were discussed (Dean Rowe removed a particular interior gutter which is
causing extensive leaks into the administrative offices). Question: Was there money appropriated
for these types of problems? If so, in which budget code? Barry has not been able to receive a
response.
Barry understands that this will be resolved when the flashing work is completed. However, in the
interim, walls, ceiling tiles, etc., are being damaged. Additionally, no one can show where this
money is budgeted.
3. The third level is experiencing some leak problems. There is some question as to whether this
problem involves warranty work. Has any of the construction work compromised the manufacturers'
warranties? No one has drawings or the appropriate information to resolve this problem as this time.
4. The Simplex System fire alarm company has not provided training to Globe employees. Simplex
states an employee was trained at an earlier date, but no substantiating documentation can be located.
The fire alarm system for Stein Mart and the remainder of the building was supposed to have
separate enunciation capacities.
5. The HV AC system, which is very expensive to operate, is not zoned for the third floor. This
problem has been mentioned since the projects' inception and may not be correctable at this late date.
6. The third floor men's bathroom mop closed has an improper door and people are urinating in the
mop sink. In the past, this door was to have been corrected. Barry questioned which budget this
is in? Damaged tiles in the bathroom have not been replaced. Question: Is this problem going to
be addressed and/or funded?
7. The base of the flag pole was supposed to be glazed, but it has not been done.
8. There are no drains in the third floor mechanical room that is adjacent to the proposed new kitchen.
The mechanical room contains pumps and blow-out valves as well as pipes which have condensation.
This was supposed to be corrected and budgeted in the new kitchen. No documentation can be
located to substantiate this. If this room was to flood, the water would drain into Stein Mart.
9. Barry thinks the third elevator for this project can be deleted as it has a very low priority.
10. Existing stairwells llsed for fire exits have not had the proper door hardware replaced or upgraded,
and there are no keys. Doors must be propped open with temporary door stops such as wood.
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11. Barry feels the wrong hardware was installed in the ballroom. The commonly used doors were not
tied into the fire alarm system and must be manually operated with a screw device. Question: Does
this comply with all codes?
12. Information only--there was a canopy suggested from the parking level to the atrium; it was
originally budgeted for $6,OOO--this is now considered a betterment.
13. The pay phones on main level lobby are set upon tables and not mounted to the wall. The remedy
of using kiosks (suppose to be funded in the budget) was too expensive.
14. The third floor landing of the escalator has some unfinished interior work.
15. The roll-up door will have to be redesigned (removed and relocated) to provide circulation for trash
removal for Pickles Plus as well as provide security for Globe and the remainder of the building.
We believe this is a $27,000 betterment.
16. It is felt that there is an insufficient amount of overage in materials (e.g. carpets, floor, tile, wall
tiles, ceramic tile, paint, etc.) when compared to a normal construction project requiring a minimum
of 10% overage.
City's Response to Globe's Items of Concern
1. Cost information resolved as of 6/13/96 - 6/14/96.
2/3. Concern: Leak problems (in the old expansion joints where the parking deck meets the west wall
of the multi-story building; the south atrium wall--the floor slab leading in the area of the telephones;
and vertical rain water leader problems located at column F7) and whether the leak problems involve
warranty work.
Leak problems were discussed with Rowe Architects and whether money has been appropriated for
these types of problems.
a) Leaks occurring in the old expansion joints--originally prices were obtained; further
investigation reduced the extent of the remedial work; the remedial work is being repriced;
awaiting results of the repricing to begin construction.
b) Leaks occurring in south atrium wall--the floor slab leaking in the area of the telephones.
Corrected week of 6/7/96.
c) Vertical rain water leader located at column F7 developed leak during third level construction
due to pre-existing condition. The pipe was ','eplaced and leaks persisted on main and lower
levels. Further investigation determined additional leaks in the lower areas of the building
caused by the same rain water leader.
-3-
Funding: A combination of Biltmore estimates and bids has resulted in the allocation of $33,055
to correct all of the previously-mentioned leak problems. This money has been set aside and is part
of the Phase II construction cost funding. Based upon the current assessment of leaks, Project
Architect Clark MacKinnon feels that funding is sufficient.
Since all leak issues have occurred due to pre-existing conditions, the leaks have no relationship to
warranty work.
4. Concern: Simplex has not provided training of its fire alarm system to current Globe personnel;
segregation of fire alarm systems.
Rowe Architects will provide a T&M sheet from Biltmore documenting to whom and when training
was performed. Rowe Architects is currently reviewing whether splitting the fire system between
the City and Stein Mart is acceptable to the Fire Marshall.
* From a conversation on 6/18/96, Rowe Architects advised that it discovered that the
training for the Phase II Simplex Fire System was not accomplished. This was an
oversight by Rowe Architects and omitted from the vendor's requirements. It is
anticipated that this will be covered by approximately $275 for the vendor (electrical
subcontractor) who will provide the training.
5. Concern: The third floor HV AC system is not zoned and is very expensive to operate.
Prior to Globe Facility Services being hired as the City's management firm, Rowe Architects and
the City agreed to the type of HV AC system for the third floor--one large system. The large unit
supplies air for the existing third floor occupied areas. The system is controlled by a computer
which operates the V A V distribution boxes which regulate the air flow to the various segments of
the third floor level. The first floor level is designed in the same fashion.
This by definition is not a zoned system where multiple HV AC systems are present; however, the
existing system does allow sectional control of air flow. By utilizing the controls, the total percent
of the capacity of the HV AC system is reduced. However, by having one unit, it operates
continually. Attachment C is a more detailed, technical explanation of the systems.
Early-stage employees of Globe, prior to their transfer, received training on the operation of this
system. We requested from Rowe Architects the documentation (TIM sheet) from Biltmore. When
the final transmittal documents are furnished, Globe's management personnel will receive a thorough
explanation of the existing system.
In Summary: The HV AC system is zoned as it pertains to air flow regulation in that the system
enables the operator to deprive or supply varying amounts of chilled air to various segments of the
building. This does have an impact on the economy of operation but it is not a system of separate
un i ts.
-4-
6. Concern: Third Ooor men's bathroom mop closet and damaged tiles.
The third floor men's bathroom repairs and corrective actions are included in the proposed agenda
item labelled Exhibit 1, IV--Rehab of upper level men's restroom in the amount of $3,000.
Attachment D is a detailed list of work that needs to be completed.
Globe management has experienced problems with urination in a mop sink which has a "stallll door
in place. There are also concerns expressed about the line of sight from the hallway into parts of
the restroom (see Attachment D).
Note:
Although the mop closet has not been addressed by Biltmore, Rowe Architects
believes that this can be done within the requested $3,000 funds.
7. Concern: Base of flag pole has not been glazed.
The flag pole base that needed to be completed with a glazing has been corrected.
8. Concern: Mechanical room that is adjacent to the proposed new kitchen does not have floor drains.
Bids were received to locate a floor drain in the mechanical room on the third level. This floor drain
work will be done in conjunction with the drain in the proposed banquet kitchen. The rationale for
combining this work was to mini mize the impact to the occupied Stein Mart level.
The floor slab between the second and third floors will have to be penetrated for both drains,
disrupting Stein Mart's retail operations. This work and the resultant disruptions can be minimized
by scheduling both drains and the need for penetrations to be done simultaneously.
9. Concern: Third-floor elevator. Deleted from the scope of work ($18,500).
10. Concel'n: Existing fire stairwells--non-Iocking exit doors and does all hardware comply with codes?
Funds to bring the door hardware into compliance with fire codes and to assure that all door
hardware is operational is listed in the proposed agenda item referred to as Exhibit 1, V --Improve
Fire Stair Hardware. The door hardware cannot have locking devices due to fire exist requirements.
Fire and building inspections were being conducted on the same date--June 17, 1996.
11. Concern: Wrong hardware on ballroom doors; commonly-used doors are not tied into the fire alarm
system; does current installation comply with code?
The ballroom doors are one-hour fire rated and must have door closers. The only allowable hold-
open devices are electronic/magnetic. These have been found to be cost prohibitive and they must
be tied into the fire alarm system. This is beyond the present scope of the project. This door
arrangement may incur higher than normal maintenance costs due to the large volume of people using
the doors and the equipment being taken in and out of the doorways. A needs assessment will be
conducted, as necessary, in conjunction with Globe as to whether changing the door hardware is cost
effecti ve.
12. Concern: Canopy on parking level to atrium, Deleted ($6,000).
-5-
13. Concern: The pay telephones on the main level lobby are not mounted on the wall.
These pay phones can be mounted on the wall (the same as on the third floor level) at no additional
cost impact. Any upgrade to this item will have to be postponed until later in the project to
determine if additional funds will be available.
14. Concern: Escalator landings are not finished.
The drywall areas of the escalator landings can be completed as finished drywall at no additional
cost.
15. Concern: Roll-up door redesign, removal and relocation; reference to a $27,000 betterment.
The redesign and relocation of the roll-up door to address the security concerns of Globe and the
trash removal of Pickles Plus is included in the cost ($82,400) of the Pickles Plus shell (reference
Exhibit 1, I).
Included in the current agenda item is $27,000 to upgrade an area once designated as the lower-level
catering kitchen. This area is to become a combination of food and beverage storage and provide
additional office space for Globe Facility Services.
16. Concern: Insufficient supply of overage materials (e.g., carpets, floor tile, wall tile, etc.)
Per Rowe Architects, attic stock materials are specified to be 2 % for all finish materials (e.g., ceiling
tile, floor tile, carpet, ceramic tile, etc.). Globe had not been retained as a management company
when the specifications for these materials were prepared. If excessive maintenance problems
become prevalent, the City may have to address this issue at a later time with Globe. Certain other
areas such as drywall corners and damage to the paint seem to be excessive. However, Globe
Facility management and the City will monitor these maintenance costs.
17. Concern: There is a request from the City Commission regarding additional building graphics.
These graphics have not been priced at this time but Rowe estimates their cost to be approximately
$2,000.
At the present time, it is my understanding that the following items (Exhibit 1, Items II - VII) included in
the proposed agenda item are necessary to complete the Harborview Center for its intended purpose for
eliminating any potential problems.
In Sunlmary: (Exhibit 1):
Il. According to Rowe Architects and Globe Facility Services management, the conversion of a lower
level vacant space to a food and beverage store area -- $27,000 is necessary. The storage space will
facilitate a smooth operation of the banquet kitchen.
-6-
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IV. Rehab of the upper levels men's room -- $3,000 is necessary. (Please refer to Attachment D).
ill. The purchase of mobile serving kitchen equipment ($120,000) is an operational expense, not a
construction expense. However, Globe needs to furnish the proper equipment in order to match its
serving capacity with the room capacity.
V. Replacement of the minimum stairwell hardware -- $2,500 to bring this area into compliance with
all fire codes.
VI. The marque sign ($55,000) that Globe Facility Services management wants for its operation is an
enhancement to the scope of work for this project.
VD. The upgraded chandeliers, wood trim, and ceiling treatments for the Clearwater Room are an
additional expense to enhance the aesthetic appeal of the room.
It should be noted that as of June 17, 1996, the Harborview Center has a conditional Certificate of
Occupancy. At the time I was meeting with Rowe Architects, the City's building inspection and fire
officials were conducting an on-site inspection. When received, the results of this inspection will be
forwarded to the City Manager as soon as possible. It is unknown if this information can be completed in
time for the Thursday, June 20, City Commission meeting.
If anticipated work in unoccupied spaces (Clearwater Room and kitchen) does not proceed and the space
remains unoccupied, certain work will have to be accomplished as required by fire and building codes.
Funding for this work would come from the already appropriated Phase II budget.
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EXHIBIT 1
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l<.ecommcndallons
To Bring Harborvicw Center Project To Completion
June 14, 1996
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Description of Work Element Ref. Costs Approved Additional
Attach Funds Funding
Available Requested
r Completion of construction of banquet 331,000 21,000 310,000
kitchen, including fees and 10%
contingency
I Purchase fixed new kitchen equipment, 182,000 182,000
including fees
Completion of construction of basic 374,000 450,000 (76,000)
banquet space, "The Clearwater Room",
including fees and 10% contingency
Additional costs for completion of city 163,000 80,600 82,400
responsibility for "Pickles Plus" space
build out, including fees and 10%
contingency
~ Note: This work has already been
authorized by the City
SUB-TOTAL 1,050,000 551,600 498,400
.1 Convert lower level space to banquet 27,000 27,000
storage area
Purchase mobile kitchen and serving 120,000 120,000
equipment
-X Rehab upper level men's restroom 3,000 3,000
~ Improve fire stair hardware 2,500 2,500
Budget for marquee sign 55,000 55,000
Upgrade Clearwater Room, chandeliers, 25,000 25,000
wood trim and ceiling treatment
TOTAL 1,282,500 551,600 730,900
I
NOTES:
According to Dean Rowe, Biltmore Construction officers, and Globe Facilities General
Manager, the costs, with the exception of the Marquee, have been bid, and absent any
further change, the work will be completed at this price.
The Marquee estimate has been provided to Globe Facilities by a sign company based on
preliminary design work.
Requests for funding for the Parking Deck canopy, striping and landscaping, as well as funds to
upgrade an existing elevator, totalling $34,000 were included in the 6/6/96 agenda item request,
but deleted from this recommendation.
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ATTACHMENT
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JUN. 17. 1996 5:23PM
ROWE ARCHITECTS
NO. 157
P. 1/2-, .-.-..
RJv\IE AAa-tllECTS
IN CORPORAlEO
AHW ~#.I~ A
Facsimile -
Transmission
Dots: Cc>L17/q"
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To:~
From: ~~(G~~
SubJec1: ~EU) (~
Poges to follow: 1
Remorks~ ~\JISE.b WST ~p ~!ZJ'~~L- ~H...b:~~
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In ccse of lnc:omplete 'ffor.$.i\i=lol1 or djt1'iGulty in receM"g.
ptecsQ col (813) 221-Snl.
The Infcn'Tlotlon c:ontQlnec:! h 'this {OK Is con1\dentiOl end Is I"' ended for 'the use 01 the lndMduat
or enti'ty named herein. If Y::lIJ hove recelvGld lhl! communtc:otlon I" error, pl&Q5G notIfY U$ bV
1elephone.
Flor1clc Flegls1IQ,lon No. AACD02172
100 t.IIaclkon Sheet ~. m
TO\1VolO. FI~ 3360:2-4'04
Fen: e 1!.ZU .91!>4
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JUN. 17.1996 5:2~1
ROWE ARCHITECTS
NO. 157
P.2/2
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fOJVC ARO-IIlEClS
INOOItPORATIIO
HARBORVlEW CENTER
June 12. 1996
Summary of Original Building Major Elements accepted as usable and
therefore retalned.
1. Subsurface foundotfon work such as pUlng, pipe caps, grade beams,
etc.
2. Original building $fr'UCturar framing and floot slobS,
3. Original bUilding masonry exterior skin.
4, Original beJow lower revel floor slab plumbing.
5. OrigInal parkJr.'lg deck 6tructural slab and associated parklng deck
waterproofing membrane.
6. Roof Rain Water Collection System
Summary of Mqjor BuUding Elemen1s removed and/or replaced.
1. Removal of asbestos materials,
2. Replacement of electrical service and power and lighting dlstr1butlon
Including emergency pawer and lighting.
3, Replacement of mechanical systems and controls.
4, Instanatlon of bonded main building roof,
5. Installation of exterior Insulated finIsh system (E.I.F.S.) bundlng skin to
provide solution to obsence of building thermallnsulaflon and provide
new exterior appearance.
6. Reworking of fire sprinkler sy5tem by combining 'tWo (2) Independent
systems Into one &ystem as requIred bV Are Marshal.
7. Provide new bundlng fire alarm and control system,
8. Reworking and cope upgradIng of all stair towers and fire a)(ft$.
9. Install new buildIng Intrusion security system.
10. Installation of new and rehabilitation of exJst1ng vertical 11ft systems.
· Nota: Are Morshal and BuildIng Department reverse posttlon on
requlrtng recall of elevator cab which negates grand fatherfng of exlstlng
passenger elevator,
AQrfdq Reg\mQflon No. AACOO2' 72
100 Mod\sOn StMt sun. ~
TQfT1)Q, FlClf1dcl ~704
FQlCl8l3.221.91114
813.221.8nl
ATTACHMENT B
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ReM: ~ITECTS
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City or ClearwAter
Corrtttfon Notice
Incomplete Items Paae 1 through 6:
3) 3" Floor Jadies restroom, additional accesSlole Water closet per Florida AccessibiUty
Handbook 4.22.4 - Pel1d1ng Drawings and OKfrom Ruwe Architects.
4) Accessible urinals per 4.18 - Pending R01~e Architect.3 OK
8) JMomplete dOOf hardware throuHh-uul --A:wuitfl"g fJelivefY'
11) Submit As-Built Drawings -
. '{3) Plashing (roof) at pentheY~e dooF&-P8HdlH~." ...(r~hit'~f " culJtlso!')1.
t5) IndPl'~ion o( ~J'U~tI AQors-6Ad herdWft.fe Uto6ft'\pleto rr
16) Reqtiilcd exit doers atliB stairthaft&. Not.di Al~ t1pol~~,J1iat. (includhlA J..udw~re)-
Pdl,dlllg ROty($'"1f( thtre'Ct~ , ekas~
.. 20) ~trobel per ~ .28 n,. ~db. A~jb:t::l.r CtJJ~ -
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COHPLE'l2D 1.
COMPLlTBD 2.
Con\rol.
COMPLI'1'ED 1.
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BURTCH I ROLL8Y
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M~It-.etw)I" Alt IJIIR~', JV'l:~ &I--ra1tJl- ~1~.a4.
The t.""efaWre II.UOI~ G1pi3t1"-1 to be ewe ., Oalllt~tfo". V"'~ U~81r a98"'..Y.
PLUMBING
General
c:c>>\PLETED 1 ,
cx:tWLETED 2.
catPLETED S,
4.
CCMPLETED S.
Ges
COMPLE'l'ED 1.
Su\)mlt ail--dI.I~keUl'\ff reJlGfk per IIP~~'JootJQn ftA"n^".~1400 '.3.
All IMleR"; fabfMte'f\eed t&'bo-t\tJj~Btgd ,- ^p9r~ln hFlfw~~A HI.~~s.
~I~~ah~.er S~..~, ~.'0\1~
tAl)l~U 1 U;Q1CJroe~.MlaurAtJe"~~.&tI.~'tctmr'l~.
9ttb\lllt rI'led ~~btsHr pf1f'll'6~
i't~C1a-(tI e'801, I", .t\)!\.r ruld v I1Jlu1~\W.ere--(lldfe&t"..c",.pl&f'la~
\.ower Level Gang Toilet - Nonh End
1. Pfevld~ v~At ~~'JI'.rtqu31~~eflV,p",rmrn~1fnre~o(fe~uVtN~r
AdmIKeflse ~~.fI_'''M8pteb1..
cct1PLE1'ED 2. "A1rNetet-dc8"'~~~lJfl'\~4IdG ~"'6rai1n\flJlVpwtlV: lh...otnrl~.d UI MIle
rf~MkI.~!k4";.- f~"I'(~aeIt .ceMtttI.,n....v I'YQII. "~lhlir!Whl)l!;Klhllr~h.
hef:\d{cappedpio-At'JMM r81 tYtfl1IlrJr~raowlI. T",lJ"tm1IrbD1bu~lm6J\~ ."lsO, 11,,,, rhtter
Gl9$eMO"the-rfgl il'OMhel1lUl~ltt\lf rt UllO~ ttm4blo-edol"\vka~AkI$)rd~lfr
FIRE PROTEOTlON
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Submll nnlll:;oved '.I-bulllo drawlngs, Including hydraulics, lor review. ·
_ =::~~;r:~[~:::f"::~Ai 1~'ft4f \''''IISS, tl\ap~lUf. Mill,
.r~ ae.-r8,,'raeJ 'G~1ij' frl.a.
~~Yid\11.,dratMcrll1ft)rmlth.r1~n6lfl u ~a'led.p~r ~lfP:, 1&9 tt-
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Jl.I'4. 13. 1996 511SA1 RQ.E ~ITECTS
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City or Ourwater
CortedJon Notlu
Completed Items P"i:e 1 throup 6:
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~ Numoreu&-PenetratiGIlI-thr.Q\.lsA-Ato4--walls,-ccilins,-abafb. ceiJins..ftoor J ,~bUe.s
through-out,
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2T 36" Gra& Be.-s-beblnd ...va~r~loeet&{a~ssible)
6) GeinJ\gIFJeer-&55em91y#fk>e~eQtrigal room p\tC tlvgysh ft~r.
1) J~outb E8at Bath Tent fiKtures ~~mpJete dgor hardwar. tbfoush.-out.
~ '\ nt floor.,-Nortb..Wcst.EJectdeaLtoorn.-redJton...not..ptotection.(cQ1um.n.-.flr1d -~a~
1 or-Bouth -Basktaif-shllft, -hanfl-r:ails-!ew anEl-mifllmwm ,. g'" ~Iear height.
!-1) POlldioS - Water - New-Atrium Roof - PcndJng-Rctt., ArQ/#I~gt.6 QtAf/&(Jry.
14} .......ooe~le signmge.
~1~-ails-iMtanatien Incompt~wgh O\lt.
18) Peat eHapant-fllafi. .
19) Parldng-Jot-1necmpJete..
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21) HaStMailS-ilt-aeees9ible-ramp.
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2~ &istmsi'asset1~valer-i8 to be usedJ!ReF-lO oompJian1iKl with NW _A.. ] 0 J · an4
iR8poctiOA.
Completed Items on Electrical Notice Dated 1-4-96:
'.
-It-&isting-clevator-and-equipment-doe9-00t-meet-fire-eede requ~eats ofLS 101..
NWA ,
.2) Elevators Rg~or8~
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Completed Iteml on Electrical Notice Dated 1-8-96:
1) POAfMati9llWl~QPPed-i~gtjjo r(l~ugh rated oeiling-l&6FI.
. 2' Atrium-area-needHfllCrgene)Yigh'Yft8. .
)) Need-walkwayJbr HV ACequip~l-glh1~n9QF-&Gutbr-a\love bar4~lins-
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Ra.E FRCHlTECTS
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Burton and Rolley, Ino.
5698 Memorta' Hwy.
Tempa. Florfda 33834
, Jan",ary 24. 19S8
ELECTRJOAL INSpeCTION REPORT
Harborvlew Cen1er
941f5F
1211319~ . William t... L.evengood
1'17198 - Seeven O. Maynard &: Cand1do R. Aodt1gue%
1~2Ige & 11231QS - Robart A. Roney, P.E.
ProJtol Name:
BIR Job Ntl:
Site V1slt.:
GENERAL
. 1.
2.
a.
4,
6.
6.
ca-1PLETED 7.
8.
9.
10.
<XX-WtB'J!ED '1.
12.
1S.
SIo"'t~1 oo~t~*r eMI pro~de Writt... variAMlIOA \he' all "uNlfl~eieeAl.aaFflp. t.lmRS ft,. lI.fa
JaglAtt are e)de",dcd IUeit\: Iltt~.a 1$O~:'r.t~~~.=psoIa..
~ "bo nlalf<o.d!!lllt b~r,~ ~tlH "'1m:: ':':'l"lo;l", ~=.
Rwtded-Wlth-iamlnal&d-48~lodA~ch-olrC\llW\umb"',
"R1. mooUAS ro~m... ~9\md.....tt\C''''te'nn\''Rt cyete", '/1.' ".C .,trMJefla' At lk&-tfMI 01 .~...u
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<<\mm~rfll<l 041~ ~h.~*~fdtd wt'~"lCl' ':wnmlJi ' ..
~ 'lNntf~elel'.t..ft,,~~n~~ItJh,--vafet) a'IA'ah provWael--&ht't. b&.aeqwlJtP." wWt
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(~=~~'~~~~~~=~ p9ft.arIlUONl haye bee" prcpmly ectded
PAf\ekHhell-\t.,.,reyfded-wUh.typewrltte~.
9laennOf:l....mlfnoJ-oabtnetSrllghtlng-eenlaolett;-elaft.na. Mnk9k1~
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!'till AtaTfh-Sywtarir
4Ilfdu~t~i"QyttMn
:t~rr:W,HJl'it Sf.,.m
~t~~a D""mfft~t,m
~a ~~FaC't~r~Qbl!lll' ~dft.....certlflcat~~.f)fI5otLOt1.haltt NM
a1!IeqUBle~~oled.~he"OpM8tbnror-t~~_fJfII
openrlfn~Rla1AteA8t1Ce4Danuat.......
16. ~AVacto"'f:laJl.pforid"l..aelasa~hHl~wlf.ed~cmcat~~~
fS'OOO?
LOWER LEVEL
S$fflt Area (SouthClasl)
CCt1PLB'l'Eo
Th~ 4 efT'er~lStft;)' f~(utt) ~se~l It" elevatcfhaa a"~Mtof,4d tf~,..
..Th~ ~ 4-fb4u,," out.1de Ihe.8ul.alaJf...Md..th.....OORd..aM..meril.~oy..tIxtute-f~e aMat
-8tslr-f:1ave-dkty.fa n8.lr(to\aI-c~.
Wcmena Restroom (North)
.
1.
2.
.
COMPLm'ED
1. Lf(fflt tbdu~e1J..Bbo\Hl mC(lY\r b~e"fm888t\
2. PuabollG ICMNlfS hf!"9aln,~rp-rfnN'trn'1Jleii1--:- :
. .
. .
Worn"n. Restroom (SOuth)
1. -rJfi aeeeRtf.~ ~~da.JlM. a.daQ.tecUottft'I'.
a. Rctcaptacloc.(.Q&aI.o~l.d-OA-lb~Ofth.w.U.-ar~t-tR8IaIJH.
Men, Rs.troom (North)
,a.&:
1. ~a::Rbo~itxnh:~lCQa. ocaolOtd~.
2. P"'lioIJQ~8Warl haw ff"D~
.
~LE'I'ED
.
c:.niPLETED
,
Mena Restroom (South)
1.
cxt1PLE'l'ED 2.
Roooptaele-on-.the-narth-Wafl;-oo-west..lde. I~Hn~.
BrF.I,..ofMJ,~~t. .~llrftk. OR ,a'Shfde,la r,et lRlb.Utd:
Loldlng Dook
#
cn1PLETED 1.
'T"b- wall fnOUR1ect \\'.P. a..eal(e~ Iooat~~ b~ t~t eeat.-wallls-not Inste.Hed:'
Oily Ae~elvlng Area
o:t1PLETED 1. Wa8tO"" lY'o.s1 p'~RI MQw~er lJi .8MaCl.o~l'ridot, 'It l\a~g'RI efMkad.
.
pege e~4
o
ReM: MQtlTECTS
I",",. "". ....
.
J\.t4'J.e'J~ ~~l5f;M
bUKTON . lOI J IIV
l&i~
. .
., ,
CD!PLETBD
o:>>sPLETED
ca-spLBTED
ca-1PLSTlID
CX'.MPLlt'I'mD
c:x:tWLETEO
cx::MPLETED
.
o
.
City Si8Slng Area
" H.I. ~'d IDO ~oUbe twn p\odbacD.J3WN. ~.....plede~ '1lrthe~.
MaIn Exhlblllon Han
sQ~r pe"fI.Al-me4MkHHItH>r6...AHfMt"ree-tHw~(allermt. QA tho....
MaRY devfOlI mo""'lafikl,.the ooI"~ave-paIAHplatt~M9' on the~.
J.lcte 'I..~~, 100 bfa fe, oom",,",nfeelfen .t"'.' ,liXtt 18. .
~~~~b~~~;~~~e:~~~~ ~.~ welt ef aOtlthe..Ht~"'. RIa .1~1I" ~
5. 'i'folo~"tit t~ bfQ re, .,,,mmunfcatlotH"lfeI1 ,SQ I .,;, 49, 5~ & ~.
8. J{okHe cttti",U"bl"fo. ~.~epi'w~ted'"bll uulurntl Cin~-.
7, ~.~cn'~alack" "ltarn" elf 1.1*1111 unll.--
8. F4uJ.afafJR. e,.~r~berfocatecl~wmR-8/~. hac palAI 0" M.
9. ~:~~p.ndanl mounted speaker. .ra hanging crooked.
10, .. fI\o.d. .)(fUlg~~~9~&.IfM..lln. a..b.~ p"sm on th.~ (tot,.' ot ?~.
11 , IixIl-Irlht-Mou"te4..~o~~pak'd on It. .
12. ~daAt.mDU~OFO$Otht RxluM-at coluJnn 0/12 Is nol^r4ratJr:1g.
1.
2.
3.
4.
TelephOne Room
CXl'1PLE:1'ED 1. ~de &WIld. .,-fdte.
Atrfum
1. MutU'kOflll ,"rd~t1--OUlte\li1lOI'li1ila1lig~er le~l.
Administration Area
.
CCMPLB'rED 1.
casPLE'l'ED 2.
.
QJ:..1(f'eoept..tba 11\ alng1e--t&RelHawl-l\16fY'i)04'el ...I~'e. frl8\Gaa-af61a1hlrr&:t .tlfal.
cor~I~AgrCbGtu~~ ·
.
UPPER Ll!VEL
Atrfum
1.. ~'lre-'W'" "nit rn~o A'~'", ha\Ce fIDQQ~' oR{Ae rafJ,w.".S';r
Storage Room (Southeslt)
.
.
ca-sPLE1'BD 1.
~ ~bcturel ~61 ~t',",ra1f,..
MOIling Room '5
.
1. HoIfIt t* wi 100 htg fo~ dowmJ9~~a'. d08114-'O dQor.
2. .at x ~t ~u""'A--RO~A$\ oorRfJr-ha&-palnt on Jfil\fV.,.
COSPLE1'ED 3. ~l~ fIl>9.rpll~-'Cn1t)1Sfflt...a .
~ r
.
Pego 3 of -4
o
JUN.13.1996 Sll7PM
R<H: FR:HlTECTS
NU,",lg
. .--
.. '". 121'82I'88 18184
BURTON a ROlUY
llee7
., .
o
n
NorthwMt a\.(adtenl
CX>>tPLSTBD
1.
a.
s.
eJr~ .-t.-"'" I'Una~UonJo~klcUA.Moa"ng--Ar.& 'Q.. ., the weft eJICn. ~K paiR' OR II.
nIn,"ler .t.a... -Nt" hI-I pefnt-OR Itr-
~" 11gb'... tha ",.,,,1 a~fl er M..lrRi Art.. '9'. fa. 1""\ ~o(k1t\if.1
Northeall Ouadrlnt
.
1. ~t f1~tUf'Q rf"l.W. UtJll8' ,e.lroom.oQ ~Ql1h ~d. Jaa " ballaJlt ~
2. -Q~(.. fit(' IrHh.-M.eUni-Ar~a "C" .00"(.1"'1 trash..
3. ~ ~f-~th~a...JPVJ.~~"~=llll~,tlOQ..Qt ~et.JtM/1.C-~~",""~ tm:o
Southweet Quadrant
1. Multl,,'on-nml~~pflt7R. ....Itt......r. ~8l yet In~ll!!"e$ll
Southeact Ouadrant
,.
F.Jt<tQ,t! ~tsvh;.lO/tJlr tav.~~ ~Drnllu"t"!1.aalfQQm ~Q~ Ig~~'~ J ..O~. -
,.,.a1aell&lV "',,,,lJ'Il ~dJ~KrvHI;l.1\1l tIfJ'. . .
Remove p.'~\-f.1am .'hQ-flrst~--4"'.margenoy..flx1t:1re-tn-the-ea~'tIdot'.
~ dQoereUurfll,".hd6~,. fi)(tt3fe ('V9l> ~Q1.) Iftt ,"~,.U"D',",~IIJ ""..18 Rat .8,~lng.
<l.f,l. ....VgIlUJGl"~.Ii.\.i a~"~eft tAG ea~. IA Me""'1.n.II~8t IR9IaUed, _
Hef~8 _.A.l\;l"tA~d~ a.:,.f~ f8~epta~~~~ tiQk D~ 'he Willi III'e lit Me..$' 1~
...ee1"n""'II~um.~', o:t-~'IT~$pttloi'C" &"Us;e ataFAt -Gtfiili~~""'- ,-,:eet .~f 4'
'NotRe"!' t~n.A-Ar-- pgM".,.fIet:t'. .,
In..aImlp~J~(] lm\'o-fAWIt~k..-d&\t)e(<<~a... pfa~lII1 ~
2.
CC>>1PLETED 3.
~LE'l'ED a.
cct1PLETEq. 4.
5.
OOHPLE'mD G.
MEI!TINQ ROOM DIMMING GVaTEM
,
1. Tbq;f>>pntlN .li~9r aOhtl~I'.fo,I~.g.h'G~AtfhultJ~tttln171h,.\JI~~l'lJtd"d wre.nweu tlJJ lutaYa:
.
SKUt.JJ,1 1nauf\ ~ghUnr
SIId(t' ,~ - ~aek I JQbJI.gg
Slldtr ~ o.vmI'~g
audar ~ ~., D...retWQ DOWAHwhtlng
SlJ4or. ~ D\;nNI<<tIYiI ~~Ung
Sf4dl.f tIJ . - Fml~lIl pttlO'l~_nt
~tJdd. ,I' 4 U Pendanl P'I\lVl'Moent
1t..IAAlntJ-,,1:l- ~~_nhn ~At~1~"t 91i~"rtg ~.rsa .a".llfI8~,~ltt.d"JlftfllhUng.
,~ .
:: :n~::=~~~=~I:~ln.c,~iJ)' o~.
4. A-JlI dJVl"aw4AQl.,~~JU~91~"'-1aif1$ OnrJ6J. ..
A TAdJM DIMMING SVSTEM
,
,. ~A.dl~Q)AI' t,~k t~all.ba daafltOd. yd\J~ulllud dl'ia.I~&d.
2. Alllt:.QaflrleMDQ~fftt)fCoHtudl b~ 1t4""f(.eHtJt-to-6 fMX'If'RblFR.e' 90D'- c~.
3. ~~JllPrawlng9 Glw')\~~\IOR-oto..t~A1\\lJDAr".,
~lIg." or 4
",,,,Wf
o
. . . .... .
JUH.13.1996 5118PM
ReM: ~ITECTS
..., 14" 1:.0
NO. 070
.
Rowe Ardlltect'.
Correction UIt
Dated January '. 1996
COJtlpleted Itemt:
1) ~d all ~6 e1th18~i.ft~~
2) ~~~e{,Ton aU t:OQm{~e~UlcJ,.&~)-1
~ 3 'flI Fh~gr meR's room R.9E'i~~iQ~t~ona Ilat \'1:e.lk:d~ ~
~ -Donb1~,~ QA.,.":lrd ~o^r~~J'~qf~w.cilGRl8-M..w~flR.&II)\ el&s~ latch.
7) PfO'YiEle dQQRi at amv.m. ~~se\ ~
8~. 4.~~dt.u5 m:.u:..ai"Oii ~~~ !t~. ~
.Q.) '~"fIl !i!:.=~Mf..t~~ "nom at~ ,.-1f1lJ<J'tnt"~
1.Q) 'D-ar stP;rt11('U Re.d9 Dew eemer nandf:ail..3s1Hee3 ~~ 1i1<<;t<hei8irt leqai'i~ &tB
. .
"""''''Qr 'it~.
H) R.t~IlSaetttl\)lc'ebtD. Gt&.mst--f1M~J~.~a~~d.an~
~8Hle~I1l~JJer lieeehl. ......a..
th1t1'<<1tea1'.
a.. r~ aU tfcttbJo.lishts-gu' &hrM'A.tnqJlUld1. -po
tS) Cl~ An 7^~~ ~lem:s O~~'- ~n, ~calcL
.
Incomplete Items:
~ PNWide.a *~p~GI h.. tdl~t7Bble mee~ gB~4~
~.~~SOO'l ~LdO(Jt~ o}d~lator____
J\JIf.13.1996 511SP11
.. ' .,FD. 5.1991 ZtZlPl't
Ra€ fR)iITECTS
~ MQ11l1X.TI
NUl"" U
re. ...
P.stl15
I.
HARSORVI&W ceNTER - PHASe U
PUNa-tUST NPEcnoN
JANJNlf 1'# 1996
GSNSRAL
-1
.
Flr:e....xtInQIJJlhef gr$IAGta requtM "FIre ;Ktt"IUIIr~ IaoRA"
INteR fnfd ciaO( ~lnGe8 en on ilr~d oI~ln\6'A GQQrtvQAQ oomp(cmt "'lIlng
t',cnaware.
r
~ecn .~r ~f"lGsa stGel jeJlll\OI on out5k:fG of Jamb In QIJ...aI.v~ 191'181..
1t111t!!tuf Iprinklerhaw~..~1:IlOrteona1hOt-ere ~ng. y -
~
a..
A.
.
J\..t4.13.1996 S119PM RaoE AROiITECTS
.. n:B. S .1996 2111A-1 Ra<< MCHITECl8
NC),070 t"..l~ c.u
f'IO.eII P.~
~,
HARBOIMEW CEN1!R.. PHASE "
PUNCI-lUST NPSC110N
oWIJAflf 17. lQ9a
PA~ 'tWO
LOWER Levm.
ATRIUM lJ.135
O.
(2:.
.-
,3;
.......:,
.of .~atdJk.o1 ifOfOffOOt-jePftb te ~R or oolunA ~GO"\~n' fof..4tAtfre ahfum.
~.~ epar~Gf Cee, Id..l~.
. 6eeup; "'~b ef steref~ on Co1umn-tJMe 7 ot~ 100~ CO~I'\ Bfi.
RGpcW Celumn-an.
Teum up ~aJm 0'" l:f'\dorsldB of somt ~ Un0-4
Touer...up~r'fiICIl end p(J,"t-Q~AeI NC i6G~OF Gn we&f \~BrtIQQI facl)~ I~mt d
Column lIne 6.
~
~
.,6.
1Il'
l 7. .J-U 'ed~rrg'tpril jdeh'&ods~ong Qnd Clbova ~oretrcnt.
.
8. Tcuch-uj)1OUth vertlGol ~c. otoPGnfrlQ be1weGn fower'<'fnd main 1Jeor rev9
.bo'tvJGepa ~oIum" u-.esS aN 6f
~ foueh"uf' IfWef6QGfions of veriJcoJ ~'QIG and tJlo--bOSe.
0!100 I"!
\ 'T'epltleHt1lftvJng-Gt ekfe RaI'.ta or D~~ las~fld u. 136.
.
.11. Cctnpl~ tfOn&of1:1 'G1~g oncil..conflrm t"'Qt ~ng tt tompered.
1~ _~ glass-iype n oR ~lrf~OM VAlJM.60 not sAOdcttemp6~
11 .$)alAI olum1num ;J~1d ~QOI' Ido" pIot.a -:JhIte bMQklA bQ{QliOO Gf-door
~lumln\nl on oR wnn(lllh~G1lOd ~ <fooN,
Me PelnUtaol vtlttGell'Osta ).\eutlng hQndIQspped puah bvtfon dQQf' cpe~",
Jf~
.. 5. .,AdJvst ~r operotfcn 00 ooc~tlSa.(md u.uo.
. .
.. "16. Complete ~aro Oil DGorL&.181.
,.. "
,'",
" ~.,- ~
~#l.t lIlIf.GQA God oc:lAk oenneGflaR 'Of .o6cclat0f to swn VJoI.
I
... J .
JUM.13.1996 5119PM
.
. FEB. S.lSS6 2S~
RCW: ~ITECTS
~ MCHlffXTI
MO. 070
NO. _
P.17/d:t
...4V1S
.
s.
HARBORViW C&l'rS · PHAS& n
PUNOftJST~N
JNfJNN ". 1096
PAS! 'noIREE
MAIN I.!V!L
ATRIUM ML200
~
~
y.
'2.',
..
oSeft JoII'i caU!k-ep&AJAaa bo1woo~r tlca cand ~ar #\reahQ((l&
ft.~ opGr.~~ 000" Mt.200. P~Yldo W&Ofhe, ~~pI~ all of doc...
. '. ,...
~.. , - VlGon GKaMS coulk~ and reGGlllk wOit JQffi~.of CUfltCllnwQA PQI"tGI.(Jbow
, PQ~ CeGk &rifry~ MLXO.
,.
Inlf~r~ ~se oIona louth 1a~;nQln ta ~'tr leva) e<<1elator CAd
:*~:e of mofn to fOwef tewl o&a~lGf-Qr Gtmklr 10 (owQr Iovok'J800fator paver
.
-<4.
5-
r6.,
.
~.
'.
Rernoyo projoottng 9tool<< !Gwth ~Ct) Qf m,*,~pGr~$I-e~r at 1IQOF.
Ccnftfm gross i'J~e ~L200 doon.
. Clean ald eou#c.Jolnt ~taen m<Jh to uPf* l~scoJatcr and-AOIth WQIL
El.CVATOR LOBBV Ml201
.~
3-
.
!s..
.,,~r
\6..
~.
1.
otr..
..' .
..( Jir/.
"" ~.
""It'i!'b.
:~_.
1.
TetfCt\..up.pafntnQ on west 1eeo of be)~ stair af.rlRG0I' df\f/.~hfnd ~m
-romAg Qn<f.Gn aoutf\ face 9fnOff:t1~riO~VJQIIn CQnlS Jooot$cl\
ROJXilIA~fGppod O&nng ~nd a~s pene~aleftg ~oet VIQIf.
Install drywan to north won of stein Mort ,,~ure.
Roporm and touch..up bo1Mldos &f &f'GI, stfI~GElF& wJ:\GJe -.\,'eJdJAs bY"" hQYo
occurred.
...Re~r()AdJQr fill end SC1~d as W<QOd dQINtrlnger.jolntl and ocnneCJtlonS.
S4'0~ M'.Al.Wood bQse on eo$f tId~t ~QJI$ ~ upptF tandIng io""lOpe, J&wf.
TOlJel'H~ pelnilng <<tvertlCQI i\lftXQ..of dr(WGIl on' b~d(JI. ,
~ot glJGl~d ),gndral/1& to ~ (It IQt&r d(:Jte,
..^,fiOr ~nQ QRQ aeffOGtlcm of stall' QUCrCeD C;lJ~J nOl'\dt.Q",. rGm~ anci
--roplooo ~med 00r oeFJje1mQ.
,
ReM: MQtlTECTS
RQC MCHI1'EC1'I
NO,k:J(~
. . --. -
JUN.13.1996 SI20PM
m, 8.1996 2121PM
HO. QG8
P,&l15
. HARBOtM&W CENTiR · PHA8& I
PUNCHLlST IN8PecnON
JANUARY 17, 1996
PAGE FOUR
UPPER LE.VE1.
elEVATOR LOSBV ULS66
R~r1c gry\\~QI ~o en eo~ fflO&-9#-oaoalGtBr'.
Repaint dPf\'JoI over gllf~At.
RomOVG paint ffOm storefrGnt m~teIr
~ tempO((1tydoorJ.joJRbs and~wom at Coor UL316-c1Rd r"lQW bJldge
. QQor oAd lnGtal OOW whlt43 jQmbl QRd~luml~O".9d ~ ~nd ~Jdwaro.
COulk Qn ~~to d~t<1H1wno1loot.
tMlN UPPIiR tM1. LOBBY Ulmo
,. l~aII efecflfcsl Gutfot Wier plate missing on SOlJ4h 'i\~1f.
..
',2. ~gll~ntto~al~l)fU.
S. 'nstatl-ffilsslng aprfnlcfer w;uteheena I" ~paJ9peg GelRno.
SEAllNS AND VJEWlNG AAI:A UL367
..~
,~ Co. JUc--al1 store~ tOrdIywQl~~
.a.- TQu~p vl#h ~,e pGIAt to match Kyncr ~ curtQlOWQII QolO~~$CpOsod
screw head. n~nwal.
~ opor<tttGn d DMr UU2Q clI~d F&PQJrdamQ~9d pcnc ~~ at top of
east l&of ct .door.
GIWC lO8BV UlJ44
,~
T.~ Ad).at doQ( cpeRJtb'\ GR ~ UU le~ 1'9. JaI. 329, J>>ond J>>,
~r::
i.~? T~uP'Groet'\ GPQ~ ~a at boeo end CI~IO base on-bullt .wt-wetl at
OoorIW~<mdm.
..'
.' ,. --
==:::: =~Ia~~lent on ~r&scent J1ghf-fl~ J~
"
ct9Qn.pGliAf ffGm GIootr4caJ-.o~ " ,.
.
,.
,-.
~~
a.
~
",..
A,
, '"".
'*"
:5,
~
.~.
1/
~,
TO'
i ..
. !
:j
I
,
I
4-.
.
JUN.13.1996 5:20PM
FD. 5.1956 Z.22ft1
ReM: ARCHITECTS
RaoC FfiCHIlECT&
NU.lQ(~
NO. e!I
",..,15
'7,
HARBOCMIW ~. PHASE It
PUN04LIST NPECtJON
JA~ 10.19;6
PAGI! SEVeN
8TOAACWi Nl:J aECTRlCAL ~ Ul. 326
1. lAIt.n.".....lOl.....1 ,II ~I~jtl ~~~I rolh ~ ,~.,
~~
e In .,Q.U fOOP'. plOCQ c;th~g tile wtllQh hOB beat" GPOAOQ.
-.! Rre ct\QUlk..-cund efootFk:GI OGAcNt eft olllAtlpenetNttena-tn bofi1 tfdes.
NOrmfEAS1' MEN'S Tom VtSllBULE UL -'24
,1. TouctrYp pcdnt whGIS dl\'WQ~ baQA l&WOI1<ecl OA~Gat-WQI..oo~eGn ~
fJOm oellnQ gfld c~..GLM\ '1101.
NORTHEAST MEN'S TOILET LL 325
~ k AcQJ ~ cqlDt'lg,grtd end 111e over hcAdlcopped ~
STORAGe ROOM U. 322
Pr'EMOUIty accepted.
MECHANCALROOM 1I.~ 19
t a.. PrtMde h ohauMAQo~ new ~i'9net1otfoA.ot CGtwmA'J{~',
CATERING KTTCHEN UL ~18
Not fnapected due 10 future cons1nJcffon.
CUSTOOIAl. UL S05
Net tnsp&c1ecf due 'fa fUtUre conrtNe1tOn.
<.,
EMPLOYEES TOILa' UL 304
Not Inspected due fO future construc1fon.
.
ucmtCAL ROOM UL3(Q
t
~11Ire itall o~d 1100r ~Gneflgtlof\
.... . . .
"
'. ,
.
JLtf.13.1996
nB. 8.1996
5127P11
Z'22ft1
RaoE ~ITECTS
to<< f;ACH1TECr1
MO,070
NO.aI
S,
P.~a:t
P.6'15
HARBOrMfNJ C2N1'&R. PHASE .
PUN04LIST MPeCJ10N
IN.tJNloI17.. 19Q6
PAGE AVE
aw. STAIR LOBBY U~
.a.. ~a at. tawer deer h8NPNere when hQI~'" " reoatv8(t.-
~ 'A.~GI "'8WAtod EiCAklAG 1ouAMll~ ~Qorort nGt GpOFQtfnQ ~M ',vater " olGW4llv.
..AoptR GG fO~'" .
S.E. STAIR LOSeV U.388
-1. 88M. 4l&-fteml ~ GlAd 2 cfG.',V. sta~Lob&y-~~~
EAST CORRIDOR W21
\! . ~em~ ap~.ka1 ~t'\O!fno t!N~r Apr~ 08mng gdd c~Q..tJe ()\1.~\.IJIt-.out \1IQ11l at
~ ~ cnQ..363,.-,ReplQOG celln;~nd fW1nd ita It FGMOYQl G#~ rt8I'
'IJC~sstuL .
,2. · -louctHJPJ)oht on-neoder ~f U~.
..
NORTH CORRIDOR ULS17 ·
No commentl,
WEST CORRIDOR Ul.369
No ccmment1.
PUNCHlJST tNSPeC110N leRMINA'reP AT1H1S POINT wrrn INSPECTION TO CONTINUe ON
~ 19, 1996.
.
Jlt4.13.1996
FO. S. 1191
51aFM
2'22PM
RQ.E MOiITECTS
fIK1C ~1'TECTS
t<<). 070
NO. e3&
P.21/'c::t:t
P.7,.15
ct..
HAR80IMEW a:NI'ER .. PHASE II
PUNCHUST INSP!CT1ON
JAN)Mf19, 1~
PAG! lID<
UPPER L&VEt.
MEETING ROOM ~ Ul. 352 (ROOM SIGN MEEllNG ROOM #1)
No comments.
.
MEEnNG ROOM "33 UL S51 (ROOM SGN MEEJ'1NG ROOM #?J
,
CStion ~.tth dOmp clottl Qr:8O$ on f)(:I;t WQR.ftlat C;;Fe 1oWd1ed up.
Clean Qft handprints on eom feat north sfde of accordIon door.
eh8Gk with sulxomroc;tot on1X*fGffit'tef ~ng tAumb ~e<<3ks OA--both 6lde& of
~()rdloA door IQekl.
R9tI.~elltng g~nd~a to 6~dront oe~aIlRG.
to<
2-
\.
i
.
~
'.
. ~
. .
~ ROOM #$AUL SSQ (ROOM SIGN ~ ROOM #8)
No commenfi.
MeEJT~ ROOM #48 Ul. S29 (ROOM SIGN MEETING ROOM f.iO
-end t()Uoh--UI' pafnklA tGWQ~ltJgA Q( QOIumn P~JGoffon IA
aeUfA'llveat ~er eJ( rOOflft.
~ C1Gon paint tfom goggF(lon door jaEAlJ..
B. aaele l..Atb.J'.~Qctor "D pG&6ll3I~r IJI dVIa111V II JUit\8 19QkE eA-6€)1I , aides ~
eecerdton deer'leektr
4.- ..~t (J~cOfdI~ dear.' 3Weepe 1e elfll' M gg~ ~.aJPt.-
(f
~ R&w~ cell~ grkf 0Ild--1tle In c~~st quadrgnt ct~
MEErtJG ROOM #4A UW8 ~M SIGN MEa1NG ROOM #6)
No commentl.
~ ROOM #5 UL327 (ROOM SIGN MEIffiNG ROOM #6)
Nocornments.
J\J'i. 13. 1996 S s 2SPM RaoE MQilTECTS
NO.070 P. Z2/28
,
TO. 5.1& 2122FM
~ AOim:cTI
MO..
P.~
8.
HARSOIMEW ~ · FlHABE II
PUNCHUST IN8PECr1ON
JNWRf19, 19Q6
PAt.;E EJSHf
SSRVICI! CORRIDOR UL 301
Not Inspected due 10 tuture cons1ruet1on.
SOUTH\VEST MEN'S TOILET UL 340
" Rerngve grey grout on otd IlQhtbJue 11Je 10 patch holes and regroot With white
g~.
l Remove e~ oho~ ~lJA8~*"na woR hlA'Q ,~ ena rsoho.J1k.
a. Repair GF'td ropalnt 'NCi1D aeoG~rth end Goutn 'ilalls.
STORAGE ROOM UL 347
Prevlousrv ac~pted,
WOMEN'S TOIlET UL S48
No ccmmentl.
sroRAse ROOM U\. 364
Prevlouery aCCQpfed.
LW.LROOMS A-Ul.345. B-UlS 16. CUI.3Z), 0-346
1. C1ec:lni>aht~Flpray on Q811n~<lI)~1 border over DQG~ Ja8 aACj ~ .
-1..
~ A OJ. 1St eellng Q~Q tis In e;f'1t&l' ~d ea1Ing ~n IQlfogml a anca Q
.~_ II
UI A~mlAum trtm Q:OU'ld dQQf' cJos\nI ~ operable VIQI c::1Otet81o t;)a f9VJOrkoci
Rowa,.~ltectllnDgFP~ WI' ,,~s&toIutleft.
,
~ON OF UP~R FlOOR LEVel COMPl!TE.
'~~"'}:.':' "~. '1 .~, .:
",' , .,",
.1l.Ji.13.1996 5:~ RQ.E ~ITECTS
n:s. 5.1996 2' 23A1 RCN: fA(HnECT1i
NO. "l~ ~ . G-:Y GQ
.
~.038
P. lB115
."
.
HAASClMEW CENtER · PHASe n
pUNai1JSt INSP6ct'lON
JAMJARV 19, 1996
PAGEM'e
.
LO'NER FLOOR lEVEL
NORTH ME:N'8iOlJ:TtL '~3
No comments.
"
'.
NOR'11i \NOMEN'S TOILET LL 1015
Not nspected due to exhibition In progrea
.
,~ '
AOMlNISTRAl1Ye OFFICE SUITE
pte\llOUIIy Inspected: hQwever.latterfo occess lor Mezzaolne In Janitor Closet LL 106
noGdl to be reinstalled.
CATERJNG 1<JTCHEN LL 105
Not InSpected due to fuMe oonsftuc:tlon.
"'
"
ARE CONmOL ROOM L1. 102
PreVIously ClCC9pted.
.,
,",'
',.>
f,
COY STAGING mA LL 122
No cornmenft.
I
I
I
I
I
I
I
!
j
I
cnv RECENlNQ /tRiA 11110
No eomm&ntl.
~~ '
MAIN ELECTRICAL ROOM U. 123
Not In$pectecL
1<-'
MECHANICAL ROOM 11126
Not Inspected,
~~'
;,,1
.JUi.13.1996 5s33PM RQoE ~ITECTS
NO.070 P. 24/28
.
n:s. S.lM 2S2SPM
RQrI': ~1TECT1
NO.ea
P.1Vi.S
-
te.
HARBOIMEW CENr'ER .. PHA8B n
PtJNCHUST INSPECl10N
.JI.HJNH 19. 1996
PAGCTEN
T!lEPHONE ROOM U. 12'1
Not lna"ecfed.
STAFf ROOM U: 128
. P~o~fY accepted; how~, crtreSutt of eoMfwtfOA-Gff.Joo uwrge. tt ~ ne..
cfoanlng and rGpa1.~
.
.
PROMOlmS OFrlCE U. 129
PrevlOlJsly <2ccepted.
.
SOlmi WOMEN'S r011.1iT u. 138
-1. I'olnt esHk\f Qeceu PMQIa fl)-mQtot~HJelnng.
SOUTH MEN'S TOILET U. 146
'"
~
Polnt eenlnQ eoea6$1)QOets~o m~ oellAg.
~wfk beCk "~HJhxet In ~eeond compal#mGnt tlCm .08t.
SOUlli~T SClS90R STAIRS UL 1m
\1. · "
t;:
2.
Remove "'(JIIC ffefft IQflfIng W0fIt.
.
Complete exterlor door Inl5tcJlQtlon.,
EAST STORAGE ROOM LL lAB
1. Complete hcrdwalG lnstaHQtfon on OOQt1 LL 147 end U. 148.
EXHIBrtlON HAlJ.LL 147
...1. ReP~rnt south aide 61 dtOt)p&fHcflf-whJte.-on !Outh sk1~ nolt
2... CreaR lIueroscGrW Haht IOf\efH 10 fo ft)rtU~ or southeost ;to.
t. AHa" al f'CAd9~"I~~e bGOA-knool<ed outer GlgnM8At.
~ .
.
. JUN. 13. 1996 5:34PM
RQoE ~ITECTS
RQ.I: MCHtTLcrs
NO. 0'70
P.2S/2S
f'DI. 5.1596
2:~
totO. e38
fl. W1!I I
\ .
-
HAABORVlaw ~ · PAASE II
PUNCHUSf INSPECI10N
JNIJMi 19. 1996
PAGe ElCVEN
MAIN EXHIBmON HAlL U. 136
Not Npected cUe to exhlblflOn In progreaa.
LASt" OF PUNCH USTTO BE COMPLETED 1/23/96.
MO,070 P. 26/28
Jl..t4, 13. 1996 5 s 34A1 RCW: MCHlTECTS
FEll 5.1956 ZIZA RO-E ~CMITtCT8
P.13J'15
\"l.
NO.03S
.,
HARBORWW ceNTER - PHASE 'I
PUNCHLIST INSP&C1lON
~~.1996
PA~1! 1WE1.VE
EXTERIO~
NORm ELSVAl10N
~; 1ns,faR peFMQnOM OrM~ iBAQfQt~nd.t:&moVQ i.m~ol'Qry,
r'~
, ... RepGAt 11Or#Mlest 110=10' &tG~ railing,
WEar ELEVATION II LOADING DOCK AREA
..
\,.
Point &Ot#l faoQ of. north won of ~Q'IG otlhe no~ CQme~ of LoQdlng ~f<.
Upon completion of hltQRcrlIon of nGW loading Docie Q~ulPmant CI1$W doc:l<
leveltf and rewcr1<sd sh~"a Iodded parnt ftlCfJ ot Loading Dock.
Porage Met pQlnt ftee &tondlAQ ~OIUmA H,~
-Pdn1 e>Ctstlng boklfdS.
.;::== at JUA~ t!1tvlOOt QXter4ol'wal of1lro central ro~~n~ r.erttl
2.
':"s.
".
~.
4'~
.
...
a.
..
.....
'6-
'.
:=~~~'::fl.~~~<:~~~~de
~~~~~~Q~=~~~~~
j!r:e--conhol FOCm.
c:1oan...up debfk-at groEl~R)lA!\e1 t>>d&t~m"Qcter.
v PQnt-t.QgdlOi DoGk~.
Complete pQraglng and paInting of LcQd1ng OockwalJl.
OPen ~west GemeF Bt~ at b~bot1om onVt.M~nCf of AG~lfcIr
WGlotDe& .. . .,. , .:,'. ......
.
\ 7.
<Ii
.. .1,
&.
,
9.
r-
'1~
~!.
WEST ELeVAnON.. DELI PAllO
04
\Ji~ R&w0(1< ohunlrlYm o~Jnwol4lhQr sUJp,aJonQ..gnd obov9 cutQ1mNo1 h9cd&r~nd
~aYk .
.
('!'
t
-(:hQuR(junotufC)6'Of MclrwX!R Jambs <Jnd &1$1,
(;J~QR i.I,F. on CQAepres of CQns1RJQflon ~onne.
. ...
. ..,. .. , .. -, . ......
~. -
.
..
~ --- -~- .-.. ~ --"-' ~ - ....... - .
. . .
. .
3UN.13.1996 5:35PM
· ' ~. 5.1956 212-4Pttt
ReM: ~ITE:CTS
RCW; ~ITECiS
f'<<), 070 P. 27/28
NO.e3B P.1~1S
I~.
HARBOrMWI CENTER - PHASe II
PUNCHUST INSPECT10N
~UNN23.1996
PAGE THIRTEEN
~...~
~ ,(I;Iean ,,$ relfrtas.
[. C:or'Rp~. ourto"\\vCJa~
'NEST COLONNACIi
,"it
l~' .
1!'
.2,
~
~
~
C'
~4.
'4
t
..
'6-
<<1\
7.
.
e.
.,;:-
. 9,'
~:
.
10-
~ "
RG~rapclrJpo1ch i.I"'S, ~n rectal'lQUJar-eolumn wraps of top cf~~~ulcr
~lumA& to Under61de 01 ;oMt,
OauQ< OleOS Qr~d pe~ of Qod:h etmol~Qq of\.vest CotQAnode anGl
~p'.Ghal:llk~lnwo" bofWeen QJklmAG 'E' and 't)',
~eoR ourtdnwoQ metal WOIk
..1'lStnU I"Ind point Iarg. purge ~lr-1on pemlCf\ent Qoeeq..pan&ll,
Ch~k Qnd .h9Palnt (i:~ IR COJo~~cde.stucco-celUng at ,~st COI{lQf".
Pef'tlov&-pSgB(\RI and nem In ~ Color'\nod~ e.eUlng ottle .pope. ,
PQlm akJmfruMn-GAd 5JoA ~ogr sIR.pQne~ ~ E~ \\Itlloh cre~RpalniH,
lns1aD automctlc door Io~ at hondlcapped dOOl1 Which ere to funetJon with
Imoka avacUQtJon ~ratfOn.
QeQn off bum an NiU,*Qppe4 -dooF CPQ~C"I ana I8patm. .
~Io'era on...couth pair-.of .AJlfum..doot1lJ.l8CJ,
.-:
SOUTH aEVAOON
1.....
~, :
, .
It.
.. ..
tt. ~
.. ;:
...
l.a
I.
...
.. .~
~
Mnl;h f.I,~.S. g(.~5t fac8 otwe5t CQJQR~ad&-scuth canopv.
CJQQn 80lth watI Of Atn~gO".1l6pte#ter,
ct.gn otk~.d fC~ loc~ cst)JAdJJrQ of lteol OASlaJQdt)g gRCI
'.-ta& mount &1~1 f1f t4'-io1Jne-eollmnl anG toueh--u~ palrlt. . -;..
-~:~U~ oha~rQuAd 14- cclsnns atJuActure otSJ,p,S, and ffuoootowal
1n6t~~ .tR!&Slng CQC~" paAe,"-doot.
Ropolr south e,xtelfoJ::NQ1I wrtA dJy 1tex wnQA;..wofer I. panetfQtlng 1tYough to ~ fA '.
OF.$Q <Jctpcsnt.tc CoIUAl0l...~5 ~nd-l/~ ..~. . . .. , ,
..... . .... \ ...- ..~... ,~...
, · 1 ~ _ ,..
. .... ..~................... I.'
~
.'
JUN.13.1996 5:35PM ROWE ARCHITECTS
FEI. S.1996 2'2~ ~ ~ITECTS
01 .
f'<<). 070 P. 28/Z8
rt:). m3i P. 1SI15
1+,
HARBORVlEW CENTER · PHASE II
PUNCHUST IN8PECI1ON
.J/4H.JMf~. 1996
PAGE FOlJRTEiN
C7. PMeo I wark OMbllk mtp""IOA JelRt gf CoIumA AJQ.
PARKJNG DECK
l.-- .~~n.hl'''' nnd +~f 1eb.~~nt-~'}.19st...fQc-a.J'f~cd' roaloJ'V.-tllrll~Ck
2.. - Spat cIGon ~1.~I,.a" ect fa,,~ oi~~$l r~1p weir.-'
..J..- T~ -eQ.'lp ~nt~ J'\il"letfeA 9tW~fiQ~~d lleRt~pe.e~PQ~nQ"de'C~
.
4. Oleon ~~bfl1ICIIOUr.c~g at }uF\Gtloo.Gf-woll&.ut 'owthwti~l!lr ,..<<...JA'" Al.Jura
-w Qt. ? 1lI' wr o. wvr "",,",UfTl
.& PQrnt bolt b~~ nt\ pt"l~g Qeck ~hk ~~Ilntr~g prQ'tA.",,.,
. 60 Clecn-u,.., ~$:IWr\a mill ~ G.CrJuJnwolIOrouna t-'t'rlinefQI""<'f ^1rfb.\. wUl~ A.-
.
^ C~pIGt"a.;'A'erk 0. hJ vhauftd~ dr1 Pdrldng COQkj)\hl~llrgtln~ ~l1i 'Vl,J- x:fJ, ~.
~ru)J pd1~llteet heQdttr.
ATTACHMENT C
..
,.
::r'"
JUN. 18. 1996' 10:18AM
ROWE ARCHITECTS
NO. 169
p, 1/5
IUJVE ,AJ(Q;1'ECrS
INCOAPORATID
A-Ra_fUd C
Facsimile
Transmfsslon
Date: Tue~dav,JJne 18.1990
To: Bill BaIrd
462-6457
From: Clark MacKJnnon
Ra: Harborvlaw Center
Pages to foUow: Four (4)
Remarks: DeSCrfpflon of MechanICal Systems
n OOIG of Inoompleto traF"lGlT'lIcllon or d1ff1oulfy In receMng,
pleOSG CQI (813) 221-&n1
1l1cJ Informatton contotned In thll fax Is conndentfd aOd Is ITltended for the use of the IndvfcLJaf
Of 8t"Iff1Y named her~n. If you haVe received 1t\1t communication 'n errot', please nottfV w by
tel9phone.
FIorfcb ~ No. AACOO21~
lW street u.:n)
TQITf)Q, Rotfda ~04
Falc 813.221.9UW
813.221,8771
J~.18. 1996 0Ue: 1eAM
ROWE ARCHITECTS
BURTON A: ROt.t..EY ..... ROWE r;e~t~~ECTsP. 2/5 IG e02
. *~ . '- - -----------:; ---"- ~ '-..' - -- .. '. \,
... ...
. "I
HARBORVI;EW CENTER
SPECIAL MECHANICAL SYSTEMS
(Jun. J 8, J 996)
LOWF.R LRVRL. p.xRIRmON HAY.:
,. SYStem De.qcriptiO/1
A. Cooling Plant
1) The cooling medIum for the lower level is chiUc:d WMtcr producC.d i,ndcpcndcnLly by a
roofmounC4d air cooled 3 ccmpres~Qrf2. n:rTigetanl circuit 240 Lon chiller. ~ watel'
is circubtod via a single constant volume base mountod end suction pump loca1ed in
\he ~Jw1fc:aJ room. The sYStem hW5 been sized to handlo 1400 people total, (ToW
includes vjsJton, lluclionccJ'19 & administration SlOff).
B. Air Side
J) The P~hfbU.ion Hall is fiupplied by a single conswu volume chUIed w~ iUr handling
unit via exposed Insulated sheetmet.al distribution ductwork with side wall type air
devices, Since rhc Exhibition Hall requires almost l009'u outside air due to . Iat;~
number of ~ple, five Cl(hau~l fan~ are provjded to relieve the. c:(~s air. Thc~ fatUi
exhaust tboE1tblbltlonlinllllDd disch.use it thllllUl Archilectural ceiling into the west
Colonnade. This arnngemen\ win provide tt:mpered air (:74 degrees F) to the
Colonnad~ ·
2) The Office/Administration Area is .c:rved by a $epara\e single zone d~ exp.nsion
split con~nt volume s)'stem.
C. Hendng Plant
1) The heaJ.ins ~ium i~ 180 degrees F hot wut.er produced by a ga.c firrAt water bofler
located on the roof. The wilter 15 c:lrcuJ:wtd via 11 constant volulDCl hot water pump
located In the McchanlC011.Room.
D. System Oper",tion
4)
Unoccupied Mode: All systems are. off unless the ei)'fitcm thermostat gocs above
~ (85 dcgrccs . adju.'ltab1c) wblch sp:u>>~ the "yatem to br1nal to so1pOinL
Oocupicd Mode: .~" Th& S)'stctn (the air bandtins unh and the fj"/O purgeJexhau51
fanl) is energized to maintMn ~pace tempcmturc. &:75 degrees adjustable).
Occupied MQde: ~yent Set-Up tZlb;" The outside alr Is reduced to a minimum amount
and the s)'StCm (tho 4ir ha-ndHng unit &. one exhoust flUl) is energized 'to mnln~ln sp:lce
tempcntl.lTC (;t7S dc~es)
Th~ adminislratIon system Js controlled by a 51ngJe wall mounted thermostat.
Occopjcdfunoccuplcd mode.~ arc set by dlC staff',
1)
2)
3)
Pate: I of.
J1..N.18.1996 0!le: 19AM
ROWE ARCHITECTS
BURTON 'ROLLEy...... ROWE t:49.....!R~ECTsP. 3/5
fil 003
.' .
. ..
UPPER LJ;V~L - CQNf'ER.B.NC~P-NTER:
1. Syuem Dc.c;c:riptJon
A. Cooling Plant
,
1) The cooling m~fum.ror lhc upper I~Ycl 1ft chIHed water produced Inde.pendentJ)' by &
roof tnounted oJr coaled 3 compressor/2 rdrigCl'ant circuit 18S ton ch1Uer. "Ille Wllter
is dn:uJated via a single con~1arIf volume buc mounted cIlcl suction pump Jo~ted In
tile ~1echanJcal Room, The s)'stem ()ulS!de a.lr ha.~ been sized to hlU\dle 500 people
(constant) and 1000 people (miU.imurn (OW Ineludlng the 500) - one time II. day 'or..
maximum of a 3 hour pi:riod.
B. Air Side
1) The Conference Center Is s~pplied by A ~inglo vnriabfe wr voJumlt air handling unit
with t1 preeoolit)G CQjJ whicl1 wrings out aU the moistute in th~ outside .ul' prior to
entering lhc buiJding..
2) ~1lcl1 ~pace has individual varinble 41ir volume box~ whIch controls the 'pace
tem~rature of each space. The air is dls1.1ibutecl via Insulated sheofrnetal ductwork.
C. Healins Plant
1) The heating llledium Is J 80 dcg~r; F llot water produced by a ga.~ fired water boiler
localed on the roof. The w8.ler is citc\J1atcd via a const:!n1. volume hot Walter pump
located 50 111" M~hanrca.l Room.
#
D. Synem Opcr.u.ion
1) Unoccupied Mode: All .$Y5tcmS are off ualloss Uw H)'lStQm lhcmlostat soes abe.'Ie
sctpoint (85 de~ . adjustable) which SpaclC! at1U8IU'i lhe system to bring to 5etpotnL
2.) OccupIed Modo: Th~")'lltem (air handling unit) is energjud and ml1intDins A. constant
leaving air mm~ The Individual variabJ~ ~ir volume boxes modulate to maintain
their tempora"-ire ~t.pohlt,
,ATRItJM:
1. S)'lltetn Description
A. eoolin,
J) TheAmum coolfnl medium is rcfrigC(iIIJt dJ~t expansion (J)X) I:; cmpJo)'8d via two
amsiant "olume padalged rooftop units .. one 2.'ni ton unit 1~ on tho root and one
3 ton unit JocaJ.Cd On the parking dcclc.
B. Air Side
J) The AtrIum nnd ElevalOr Lobbies am suppll~d by ex.posed Insulated ~J
ductWork within the Atrium,
PaF2 of-4
'/!/
- JUN.18.1~10:20AM
.. '
ROWE ARCHITECTS
tiUJ{TON ! ROLLEy....... ROWE NO. 169ECTSP. 4/5 1ilJ004
C. RentIng
1) The hcalinl tncdhlm for the Atrium hi electric.
D. System Operation
J) Unoccupied Mode: All systems arc off un1Co11 lilts system thermostat BOC=II Dbov"
setpOint (8S d~ -.adjunable) which e;pace enc:rgi1J:S the system [0 bring to 6etpoint.
2) Occuplcd Mode: Th~ ti)'''teI1l1s energized and opcrate.~ to rmdnrainli its setpolnL
Cl.RARWATF.R ~OOM:
I. SY5tem ~crlptlon
A.. Cooling
1)
2)
The Clearwater Room cooling IDCdium Is refrlgenmr, Direct exp:mston (OX) is
employed via a single constant volume ~ ton pacJcnSed n)Oftop unlt.-
The oul$ldc air is dehumldifiw using a gll5 ATCd desiccant unit and supplied directly
fo the outSIde air Intokc of the packa,acd rooftop,
B, Air SJde
1) 11,e Clearwarcr Room is ~upplle.d "ja insu);lted galvanized sheelmetal ductwork.
2) The exhaust air is Utilil..ed to pre-cool the leaving air temperatUre of me det;lecant unft
(for overall capncit~ reductIon).
,
c. Heatinc
J) The healing medium for th4 Clearwater Room Is electric.
D. System Operation
1) Unoccupied Mod,.: All SystCTJlfl an: off unle$s tho tI)'s[cm U1ennOflW soes above
Sdpmnt (8S ~ - ndjUlItable) ~ch b"p:U:C cncrgi7,.c$ the S)'ate.m to brio, l.O ~lpoinL
2) Occupied Mode: The S)'l:i~11l1s enel'B1zcd and ~rateS to malntwns lts IU)tpoinr.
BANoueT KlTC':'J.n;N:
1. System Description
A. CoolinS
1) The Klt.chen is ventillLlcd using tem~~ ~ust air.
2) 'I'M Manager', Otflc:e Is served by the CQnf~c.c center air handling unh utilizing _
Bingle variable air voJume box,
3) The dry S'Colltgc aJr Is coo1c.d utlllzin~ a small di~ exptllltilon split H)'BlCm,
PI~. 3 014
..~, .ro, .~u
.ru.....18.1996 0110:20AM
ROWE ARCHITECTS
BURTON & ROLLEy...... ROWE ~-.JR~ECTsP. 5/5 reD 006
. ..
. .
B. Air Side
1) Tho KJtcb~n IDU i,; ventilated via plvanlzed sheetm6l3J. ductwork.
C. Kitchen
I) The Kft.chen Is not hented.
D. Systel'D .Deserlpdon
J) Unoccupied Mode: The ventilation fan is shut off and tho exhaust Is dfHChuged to
atmosphere via fan. ,
2) Occupied Mode: 11lc dJsehiJTBe ran is stopped and the ventUnticD f'Bl\ f~ started,
3) The dry Slorage unit operates b-.r.ed on its own packaged control$.
~ENBRAL:
J. The entlre building is controlled vilt Q. ecntnJ eoerg)' man:\gement It)'stem.
2. Each system h~ ~n designed whh "Indoor aIr qUrtJily" in mind.
3. All lS)'fitems utilize e.nviTOomeor.aJJy friUldl)' r~ftJgemnts (no acts).
4. All system weu dc:.l\igned to be en~l'gy efficient.
.
PIS. 4 d4
it.
ATTACHMENT D
,
1996 S'47PM ROWE ARCHITECTS
J~.17. .
NO. 159 P.l/G":'
, ~ N<O-iI1ECfS
r~CORPOAA.TIO
/dfDu.~/)
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TransmissIon
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In cose 01lncQmplefe fror:smlssion Of c:.iItrlCUtty h l&ceMng.
plecse col (813) 221-8771.
'the 1n1o/mo11on confained ~"1 #'lis fox I. conlldeottcl ond Is ln1ended 10f tho \.M af the Individual
or enmv nomed herein, 11 you t'lov. recQtved 1t\1I communication Irl error. pl9~e notify us by
1v1ephone.
r&arida pl'O."or.on No. AAC~\':Z
100 Modllorl StlRt Sutt. 7.X)
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~ JUN.17,1996 5:47PM
ROWE AROU TEeTS
NO. 159
P.2/G.
. PROPOSAL
-REQUEST
A.L4 Docu'l1UmJ 0709
o
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OWNliR
ARCffiTEC'f
CONSt1l.TANT
CONTRACTOR
FIELD
01llER
...
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(InstrUetlons on reverse 4fdc)
PROJECT: Hgtborvlew Canter
(1J{mM.rtd-druIJ 320 OSCQOrO Avenue
Clearwater, Florida 34618
April 26. 1996
Horborvlew Center
PROPOSAL REQUBST NO.: Phose II #Flrty-Three (53)
DATE OF ISSUANCB:
CONTRACT FOR:
OWNElt City of Clearwater
(NatMawlDlldrOll) P.O. Box 4748
Clearwoter, R. 34618
CONTRACT D^TED:
April 7. 1994
ARCHITECT'S PROJECT NO.1 2856,00
TO CONTRACTOR: Blttmore ConstructIon Co.
~nt~4rtdaddrtq) 1055 Ponce Deleon Blvd.
Belleolr. Florida 34616
ARCHITECT; Rowe Archttect& Incorporated
(NQ,ntI 4,ullUidND,J 100 Madison street. Butta 200
Tampa, FlorIda 33602
Please submit an itemized prop05al fot changes in the Contract Sum and Contract TIme for propo$ed modifications to the Contract
Documents d~bed herein. Submit propo.s~ within days, Or notify the Architect In writing or the
date on which you antfClpate submitting your proposal.
1HIS IS NOT A CHANGE ORDER, ^ Co~srRucnoN CHANGE OIRECl'l'VE OR A DIRECTION TO PR.OCD!O WITH 'IRE WORK
OESCRlBED IN mE PROPOSliO MODIFlCAnON$,
DescriptIon I
(1nnrrt Q IMIllcrr tlw:rtpli~ 0/ /be wori.)
MODIF1CA110NS 10 UPPER LEVEL MENS tA V ATORY U,L #340.
See page 1Wo Descriptive Data
r
~mentl:
· (Zht .,l4cbN doa.lft~ Ibm suppm dBscrlJ1fionJ
Descriptive octa, doted AprI126, 1996, consisting of one (1) page.
Drowing A2.3.3 Upper Floor level Plan - Southeast Quadrant. Revtsed March 4. 1996.
Drawing AS.S lavatory Interior elevations, Rewed Morch 4. 1996.
Arch1iecturol Supplemental DrawIng A,SD.68. doted March 4. 1996, consisting of one (1) page.
...
Clerk MacKInnon. Project Manager
(Prlmad ""'Jfl4!' fln411111Q
~
mm
CAUTION: YOLl should tiJgn an orlglna' AlA document whIch hos thlG caution printed In red.
An original assures that changes will not be obsoured 8S may occur when doouments are reproduced.
see Instruction Sheet for Limited Uoense fer Reproduction of this document.
a AlA DOCUMENT G10I · PROJl105.\J. REQUEST · 199' EDmON · IJAw · 0199'
THE ANlRJCAN lNSn't1JTE 0' AA(HITBC1'S. J~~ NEW VOR)( "VJiNlJ!. N.W.,
WA$HJNOTON, D,e, 20006-5m · WAANINOr Unlloenaod pho~ vfQf.,..
U.8, cop)'rlghl l.wl and -If I ,ubJ.ct \ht vlol.tor to 'tal' pro.,cutlon.
G709-1993
Upon COfT'pletlon of tOe work rehong urincls wtth west urinal to hove elongated rim
mounted 171 maximum from rim to finish floor as required by A,D.A.
6. Reploce existing recessed stainless steel peper towel dispenser with new Bradlev
Model 247.
r
..
J~.17.1996
5:48PM
R().E ARCHITECTS
NO. 159
P.3/6.
Horborvlew Center.. Phose II
Proposal Request Phose II #FJtty-Three (53)
-. April 26, 1996
page Two
Descrlptlve DotQ
MODIFICATIONS TO UPPER LEVEL MENS LAVATOrrf U,L, #340
.
ProVIde costs for the follOVYlng:
1, Remove both urinals and lower rough In for west urinal to provtde finish ur1nol rIm height of
171 A.F.F. floor for compliance wtth hondlcopped requlremen1s.
2. ApplV new 4 1/4" x 4 l/4- glozed ceramic tile over existIng 4 1/4' x 4 1/4' glozed
ceramIC tile from laminated plastic toilet partitIon on eOO 10 wan on west, Align fOp and
bottom oftlla wtth top ond boffom of toilet compartment side ponels, Edge of rolsed tU9
penel to be finished bull nosed tUe.
nle color and grout to match color 01 totJet comportment partitions,
Existing metal access ponel to be repaIred, cleaned, end repaInted to match new tile,
3. Remove 011 grey ceramic tile grout and reg rout with new white grout to match sxrstlng
grout.
4. An chipped or gouged glozed ceramic woll fila to be filled end faces troweled smooth,
RepaIred glozed tlla edges and faces orG to be repolnted to match fhe ex[sting tOes
color and texture.
5.
7. Prov1de wall mounted double acting toilet comportment matetfal doors Covered with
IQmlnofed plastic wtth color to match tonat comportment panels. Top and bottom of
doof15 to allgn wJth top ond bottom of tonet comportment panels. Doors ore to be
located as lndlc:oted on attached Drawings,
8. Remove Gxlstlng cauJ1dng between exIsting woll hung sInks and glozed tile waUs and
recoulk WIth new whrte caulking.
9. ~epalr, Refurbish. and repaInt to match existIng nght blue glozed wall tile the metal
plumbIng access ponel odjocent to exIstIng wan hung sinks.
10. Rework existing pIping &tubout and cop below existIng wall hung sinks so thot pIpe cop
does not extend pass glozed wan tUe face. ProvIde staInless steel cover plate fo
conceal pipe cap. ·
End of Descripttve Dota
.
..J
COnstruction Chonge Directive Phose It - #flfty-Three (53)
Model 247 6. ~1(
Aec8M molSrtad paper towel dl8penser. 01sp9ml8S 1,OCQ
~lngltJ.foId. 600 multi-fold or 50Cl a-fold tow.la.
Rough wall o~ 12.112' W)( 28-618' H x 7-112" D.
Top of wan ~ n"1rom t1nls~ed floor; 0. for B8n18l'-Free,
57' from fWshed 1Ioor,
Model 2481 6. St'~.x
Recess mounteq ro.1 papOl' towel dispenser. 1bwel dispenser
capaCity 0118 ~ard COl9 8" or 9" W x 800' L ron paper towel.
Rough wan opertlg 15-1/<" W X 29-112' H x 10-112' D.
Top 01 wall opening n' from f1ntshed 1l00r; 0. for Batri81-Fr9G,
046" from tinlshGd f\oor:
Model 250..15 6. I1mdn
Sur1aal mounted s1a~ess steel paper towel d1spgnsOl'.
Disper'\3BS S::!5 mu~Hola or 400 c-10la lowa1s. Cabinet
s~ured with tLrnbJer lock at rear of &loping top and hinged
8t bottom \0 aI\Ow filUng. Reftl1lnd1cator on face of cablncn.
Unit measures 11' W X 15-5/16' H)( 4' O.
6. UnlvefS81 appllcatlon.
Model 251-15 6. BradEx
Surf41~ mounted Stalnl6SS steol ~per towel dispQnsar.
DisperliSS 400 single-fold towels. Cabinet secured wtth tLlmbler
lock at top and /'IC'lged at bottom to aUow filing. RefUl indicator
on face of cabinet.
Unit meaSUl'e9 11' W)( 8-1/6' H x 6-1I1t)" O.
0. Universal application.
Model 252 6.. Srmk~
Surface mounted stalnlass steel paper towel dispenser.
Dispenses 350 rnuIlI-fo!d or 200 C-fcJId tawols, Cabinet
secured wi1h tumbler loci< on lop and hhQad at bottom to
4llow 1itQng. Reml ind'lC8tcr on face of O8blnet.
UnIt meB$t.r9S '1. W x B- H x 4. O.
0.. UrWerMf application.
Model 259 Brath)C
Surface mounted roll paper 10W61 dlspen5et. Constructed of
~ C9st aluminum. \.J'lIt featu'~ CQntrolled deIiveIy mechanism.
Spindle rotates 112 tevoluUon for each dISpensing operatloo
and tetums to orlgloaI.pos;liorl. Unit has fixed arms: spMg
cnows tl~ndle 10 be mleased for filIlr'g, Holds 00lJ standan1
oora roR or paper ~ower6 to 6- CIIa.
Unil measures 13' W 'X 1.314~ H x 4~ O.
NO. 159 P.4/5
10aCO/BRA
Buyllne 3361
: I
13
JUN.17.1996 5:49PM ROWE ARCHITECTS
NO. 159 P,5/6,
,
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HANDICAP TOILET ROOM
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JUN.17.1996 5:50PM ROWE ARCHITECTS
NO. 159 P. 6/6.
, rPNE ~llECTS
INC:ORP ORATED
Supplemental
Drawing
A.SO. 68
Do1G: 03,04.96
PrOject: Horborvlew
Canter
Revision to Sheet:
By:
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SAIlrTAAY rw1Qtv IRAilR PAPER
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.
florldo ReglstroflonMCC02172 100 MadIson Street SuHe 200 Tampo. florida 33602,d70.4 813.221.87~1 fAX221,9154
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CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
COPIES TO:
COMMISSI0N .jlIN 1. "~I 19~~6
JUN 1 9 1996 ,..i' y rJ1A:'1~,0tf-
PHcSS
CLERK! ATTORNEY
From:
Betty Deptula, City Manager '"
1\ )Iv)
Chuck Warrington, Gas System Managing Director 'I/(J
To:
Copies:
Kathy Rice, Deputy City Manager; Bill Baker, Assistant City Manager;
CGS Lead Team; Lou Farquhar, Gas Sales Manager; Don Clark, Gas Sales
Representati ve
Subject:
Harbonriew Center
Date:
June 11, 1996
This memo will provide additional detail to my previous June 10th memo to you on this same
subject. The breakdown of Clearwater Gas System (CGS) costs are as follows:
Capital Construction Fund
$ 6,355.40
These costs are normal gas utility expenses
which would be incurred for any new
customer account such as this (City or other
owner) based on economic payback.
Operating Budget Fund
.$ 2,732.96
Subtotal Spent To Date
$ 9,088.36
Energy Conservation Allowance
~ Potential future expense based on the
displacing of 20 tons of air conditioning
with a gas desiccant unit. These funds are
cost recoverable under our ECA rate.
Total Planned Expenditures
to Provide Gas Service to
Harborview Center
$12,208.36
At the time of the Harborview Center's inception, five (5) metered natural gas accounts were
planned. These were the 3rd floor boiler, the 3rd floor restaurant, the 3rd floor catering kitchen,
the 1 st floor boiler and the 1 st floor restaurant. Please note that my June 10th memo was in error
on this as there is space provided for five (5) meters instead of the four (4) as was incorrectly
stated. Also note that Stein Mart on the 2nd floor does not use gas.
0\1 ~r
, ..... & . ,~--:~--: --:}~7-; ...~ ,..- -,:, . ".' _' ",."" .. l ' ,
Betty Deptula, City Manager
Page 2
June 11, 1996
Due to the intended nature of this potential multi-tenant facility, we recommended a multiple
meter design to provide greater flexibility and potential future cost savings over setting a single
meter. Historically, as tenant's change and their utility requirements change with them, post
construction upgrades are extremely expensive to provide. Accordingly, we pro-actively
provided a multi-meter manifold setup to satisfy the varying potential building configurations of
the future. We also installed a high pressure gas main from Drew Street after we determined that
the old low pressure gas service feeding the former Maas Brothers account would be inadequate.
In essence, this provided an upgrade of th customer's gas service to meet the changing needs of
the Harborview Center which we would have provided for any customer doing a similar major
building upgrade.
At the time of the Harborview Center's preliminary design, the only known gas loads were a
1,150 MBH 1st floor boiler and a 724 MBH 3rd floor boiler. These loads alone required the
Drew Street to Harborview Center gas main upgrade as these could not have been adequately
served from the low pressure main on Cleveland. Therefore, an additional feasibility study was
not required since all that was needed was a service extension off of an existing gas main. At
this time, only the 1st and 3rd floor gas boiler accounts are active. The 1st floor restaurant
(pickles Plus) has not provided their final mechanical plans and gas loads. The meter space set
aside for the 3rd floor restaurant is now anticipated to serve a desiccant air conditioning unit. We
continue to anticipate the installation of a 3rd floor catering kitchen which we plan to separately
meter.
Harborview's Mechanical Engineers have specified a 4,673 CFM desiccant air conditioner to
displace approximately 20 tons of conventional DX electric ~ir conditioning to serve the 3rd
floor Convention Center area. This is designed to displace the air conditioning which would be
needed to serve the "Clearwater Room" area and provide considerably improved
dehumidification for the entire Convention Center area. When this unit is installed, the
Clearwater Gas System will provide a $150 per refrigeration ton Energy Conservation Incentive
to the Harborview Center under our normal Commercial Energy Conservation Air Conditioning
Program on the same basis as would be available to any customer. Based on projected numbers,
this incentive allowance is anticipated to be calculated as input BTU multiplied by efficiency
divided by 12,000 BTU per ton multiplied by $150 per ton or (312,000 BTU ... 0.8) / (12,000
BTU / ton) ... $150 = $3,120. Please note that this is not a net expense for the Gas System as it is
recoverable under our ECA rate.
,... . _ ..~.____n~_ __._ - ..~.' .
, .
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Betty Deptula, City Manager
Page 3
June 11, 1996
For reference purposes, the 3rd floor account has generated $671.13 in Non-Fuel Energy (NFE)
gas revenues in the first five (5) months of operation, and the 1 st floor account has generated
$3,107.27 in gas NFE revenues in this same period. Combined, this is $3,778.40 in net gas
revenues for the fust five (5) months of usage. Extrapolating this usage over 12 months yields
approximately $9,068 in gas NFE revenues; however, I would caution that new accounts need to
settle into a rhythm before projections can be fully relied upon. Using the $9,068 figure, one can
figure our simple payback as $9,068 / $9,088 = 1 year payback. Note that this does not include
monthly customer charges (which pay for the servicing of the accoWlts) and does not include
projected future load additions (which will make the payback even better).
In swnmary, we believe the use of natural gas has resulted in a win-win for both CGS and the
Harborview Center. We look forward to serving the Harborview Center in the future and
continuing to save them (the City as well as future restaurant/other customers) money with ----
economic, clean-burning, safe, and reliable natural gas!!!
CSW/lf
CJ\J~(
_ , ~~. ~---"""'--r--_- ~.--~...-- ~ -......- .--- "
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TO:
Betty M. Deptula, City Manager
;
CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
FROM:
Chuck Warrington, Managing Director of CGS
COPIES:
June 10, 1996
Jim Lewin, Sandy Barley, Don Clark, File + '-~ T~ {V'\ t Lo ~ F~7.;/l~Y
DATE:
REF:
Harborview Center Activities
*********************************
As you know, the Harborview Center evolved from the former Maas Brothers facility which had
limited gas service cut and capped. Clearwater Gas System (CGS) offered to supply natural gas
to lower operating costs of the Center. eGS Sales Representative Don Clark met with
Harborview Center officials to determine needs and set up services. The gas service consists of a
meter manifold capable of handling four meters, for four separate accounts. Only two meters are
installed at this time. Two meter spaces are empty in anticipation of future gas load. CGS did
not construct internal house piping for the Harborview Center. Since turn-on, Lou Farquhar,
Marketing Engineer, responded to a high consumption complaint and the possibility of gas fired
desiccant air conditioning.
The majority of costs incurred by eGS are for installation of underground facilities to serve the
Harborview Center and the metering equipment.
eGS PERSONNEL INVOLVEMENT:
Jim Lewin, Director of Alarketing and Planning:
No direct involvement
Sandy Barley, former Sales Manager:
No direct involvement
Don Clark, Sales Representative:
Mr. Clark met with Harborview Center staff on three separate occasions to discuss service and
metering arrangements. Mr. Clark coordinated construction timelines to ensure that goals were
met. Mr. Clark states that his involvement is "eight hours, tops."
.
-
Chuck Warrington, Pg. 2
Lou Farquhar, Marketing Engineer and Sales Manager:
Worked with Harborview Center staff to resolve high consumption issue. This occurred in the
first month while the Center was initially heated to dry it out after construction. Upon
investigation, Mr. Farquhar determined that abnormally cold weather and workers leaving large
doors open, created a situation for high gas consumption. Once under normal operation,
consumption lowered to very reasonable levels.
Mr. Farquhar worked with Burton & Rolley, Mechanical Engineers, to determine suitability of
desiccant based Gas Air Conditioning. A desiccant unit is specified for future installation and
will greatly reduce the humidity levels in the appropriate conditioned airspace.
Please note that Mr. Farquhar's services are available to all gas and all potential Gas Air
Conditioning customers and that Harborview Center did not receive any biased service.
Resolution of technical billing inquiries on a gratis basis are the standard in today's energy
market. Also, market penetration of new technology requires promotion and technical
assistance. Competing utilities such as Florida Power provide similar consultative services.
Mr. Farquhar has no time involved in the service setup and installation, one hour invested in the
high billing issue and approximately eight hours involved in the desiccant Air Conditioning
study.
Chuck Warrington, Managing Director:
Mr. Warrington states that he has invested two hours to request funding from Florida Gas
Transmission for Harborview Center's upcoming desiccant unit. This will be applied to the
desiccant unit as an Energy Conservation Allowance.
Underground Construction Group:
Mike Deegan, Supervisor, states that his section paid a subcontractor, Heuer Utilities, $6,355.40
for installation of underground facilities under pavement including restoration of asphalt. In
addition, his section has $74.07 invested in construction design and inspection. Fabrication of
the meter manifold and costs associated with the installation of two meter sets added $2,153.89
In summary, CGS has invested $8,783.96 in the Harborview Center's initial Gas service, $25.00
for customer service related issues and $280.00 for a management study of gas cooling. The sum
of these items is $9.088.36. A detailed attachment is included.
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Item # 54
F ~c:(b ()
APPOINTMENT WORKSHEET
sLf
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*recv since notification
FOR COMMISSION MEETING June 20, 1996 APPOINTMENTS Agenda #_
BOARD: Development Code Adjustment Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 5
CHAIRPERSON: Otto Gans
MEETING DATES: 2nd & 4th Thursdays
PLACE: Commission Chambers
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 6/20/96
.
;
SPECIAL QUALIFICATIONS: "members of the board shall possess professional training or acquired
experience in the fields of planning, law, architecture, landscape architecture or development
control.
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.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Vacant Seat - Roberle Pratt resigned 6/3/96
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Etc.
1. William Kirbas
34 Bohenia Circle, N., 34630
Financial Advisor, current member of
Park & Recreation Board but would resign
from that if appointed to DCAB
* 2. Evelyn Mense
2444 Enterprise Rd., #2322, 34623
Retired, Manager, Collection Department
Equifax, past work with NY Telephone Co.
3. Ron Stuart
2581 Countryside Blvd., #305, 34621
Public Relation Counselor
Zipcodes of current members on board:
2 at 34621
2 at 34630
1 vacant
::7Y 8;: C:"EAR\\'':'' 7E ~
DECEIYED
MAR 2 0 1995
ACOllcatlon fcr AdvIsory Scares
(must be Clearwater r~SICent)
Name __JNIt..C/1WI f ;{/il/JA-5
ClTV CLlRK DEPT.
Home Address:
Office Aadress:
3;-) f3fJ/ftiJJ//l oRCLj' >>1).
CL;zMw~ zIP:3~b3D
Telephone 1-j.t.Jb -~
}~/h7 v,s.. Jt} ;Vt?~ SV /{17 JOD
C LiLlttPvJ tPflliZ ZIP: 3tj~cJ
Telephone 1fIt'.7- 6/~
How Long a resident of the City of Clearwater? 1$ ytP:3
Occupation pIWtfM;;J}G tf1Wl~4 Employer .l/-ttInt2IC;rJ /5~/(2e:s:s
Field of Education:
Other Work Experience:
~fZ"vV IJ;tit( 1M /btI1ftS~~ Cjf-lJt1-f}j~.fi1-C/FI.
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pJj/t (lJ/JiD A-~ I rJl)ltf/J;/lI?)$,vr C(J,.Jr;tA-C1Pt<
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Community Activites: CvfW~ I6rIPI-etI ASS[)G~. .::;-CJ~!ItJ?cai
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It retired, former occupation
Other Interests:
dfort:Ts I vJc9 if (}J11Jt!4C/A/~
Board Service (current and past)
f.Ptf2I<S fl?/O- r2ri ~1ffJil)
Board Preference:
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Additional Comments: \)Jfl-L- iZrlS:l~ p(l(J).!/ flfltl~ /!-V.-O /2rz-{!, IF
NfO/~j)CA ISOII-t0
Signed: . ::iJv.~ Date: 0.4J/LBA/CX! ) 996
Please see attached list for Boards that require Financial Disclosure. PLE:ASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
Illoiq~ - keep on II;} -for :j)cA-B .
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CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
RECEIVED
JUN 1 4 1996
Name
e liE';k '/t"J
K
/>1 EN :Se'
CITY CLERK DEPT. ·
Home Address: Office Address:
~ 'fl.f'f S-"'l'CI'(I'Ai 4iF ~b :#1311. Atn"'(.~b.
e LeA~,rrc;;e ZIP: j~.B
Telephone 7 f 7 - S', )..~
ZIP:
Telephone
How Long a resident of the C:ty of Clearwater? "\.V.'"ur~ ../tlfdve pl'~ 10 '/",{.? _~€~(b~j)~'
:5f,UC(f' tf!qcl -I-JV~ ).;2tjl.L,;"f!<rtv.)OI.b M Dt.J-Ie:t>,'Y
Occupation ~ tr'jIA ~ Employer . >-$ f Jl!5
Field of Education:
Other Work Experience:
EiJ)J (./f.tl"tJ ~ 5 tJC.l~ L WIM~ k
I.3v.s ()r-C- 1<t!r''<e1 11{ n-~ Co -~4e/'M.T,,..j.Y.
1J1..-t...s "" 6 ~ /t.. CitE!' ):) I r C(J 1'1 i'A. o!.- +- ~ CI' c..:s - Ai ~ ,e I .R..
If retired, former occupation /J1.A..,.JAW/t.. C () t..Ll! C.T ftJ ^' De~ Pd ~ e ~ v I F~ Y 1..<1 Cu..rA'(:k/~
Community Activites:
f'ltlF!,cb(!"'A!I d~/1~~ ~F );,f~f\'-TfJ/P~ of (/(Lfrl.s
AT C WAf r><'fs (D IT t::!drl) () /1 S5tJ C F{J~ S "'I~ ~ - .tf71'4L1:J ~fV-t8~ ~O/2- 71'<50
Other Interests:
Board Service (current and past)
Board Preference:
))€Vt5L()/6'Mtfl\lT CO€' I1.}7tln"""'1tf"Nf' &J..fA~
,f/L/f ^'''''' t r(' c- '"'+ ~rJ (IV f- 8 f).A ..< 'b
Additional Comments:
Signed: ~k ~R---
Date:
r;/Itf/tf,
, .
Please see attached list for Boards that require Financial Disclosure at the time of
appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748
Clearwater, FL 34618
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, . . . ,
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater IDident)
DECEIVED
FEB 2 3 1996
c,rv CLERIC DEPT.
Name
ROn
5 fuc<, f
Home Address:
;))'fj I eo l("*VS;j~ ~/vJ. Jt50~
,
e,/efir U'tlfe,-" F).. ZIP: Jlft:1I
/
Telephone -' 4>/3) ? ti~ - t.;o~ 4
Office Address:
t;).O J}r8w 511
~
e Ie C( r Wt? let; f].
,
Telephone (1(,/ 3) '1l/;J- /~O 7'
~ u,'t~ J
ZIP: 5' 'it/S., ,
How Long a resident of the City of Clearwater? J ~
Occupation ~ bl, c /?e /4,f;OA eo lIJ/!eJOfmpIOyer
Ye 4;.s
,
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Field of Education:
I-J Y e~1' S
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Other Work Experience:
fa 1/11'4 Ay lJu~ ;tle~s ) () t(, ~j - I!J,' fo r /.4s50c, /UI,
e /ectl wille r 5u/I. E;j,'fo/
,
If retired, former occupation
f,'ne/k!, ~ ~/"~
Board Service (current and past)
f)Pul /I loll/II fc<r f"e(~h: f
Board Preference:
f/((I1/1;/17 cr 7on/'!.f
8'e..e/ofrnenr (!ode ,l}J: usfm eJ1~
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,
Additional Comments:
Signed: ~ ~
Date:
rJ.tJq(,
.
.
.
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
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Clearwater City Commission
Agenda Cover Memorandum
Meeting Date: 06/20/96
55
SUBJECT:
NORTH GREENWOOD COMMUNITY TASK TEAM
.
RECOMMENDATION/MOTION:
Accept the North Greenwood community Task Team mission statement; appoint
David Grice, Rev. Lucius Pitts, and Tal Rutledge to the task team; and allow
the task team to appoint additional members to a maximum of 15 total
members.
~ and that the appropriate officials be authorized to execute same.
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BACKGROUND:
At its first meeting on June 12, 1996, the North Greenwood community Task Team
wrote its mission statement and requests the City commission's approval of the
following statement: "Identify and address critical community concerns in a
way that will promote the long term positive development of the North Greenwood
Neighborhood."
:J
There are currently five members on the Task Team. To increase the membership
to eight, the Commission is asked to affirm the appointments of David Grice,
Lucius Pitts, and Tal Rutledge.
The Task Team has also asked Commission approval to allow the Task Team itself
to appoint up to seven (7) additional members to the Task Team.
Revi ewed by:
legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
N/A
Originating Dept:
City Manager
Costs:
S NIl.
Total
Commission Action:
D Approved
D Approved w/conditions
D Denied
D Continued to:
User Dept:
$
Current Fiscal Yr.
Slbnittcd by:
Ufff<
Cit.a:n er
Advertised:
Date:
Paper:
~ Not Requi red
Affccted Parties
~ Not i fi cd
D Not Requi red
FUlding Source:
o Capi ta lImp.
o Operating
o Other
Attachments:
D None
Appropriation Code:
ROWE ARCHITECTS
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June 11, 1996
William C. Baker
Assistant City Manager
CITy of Clearwater
p, O. Box 4748
Clearwater. Florida 34618-4748
Project: Clearwater CITy Services Center
Subject: Feasibility & Cost of Adding One to Two Levels to the
Parking Garage
BILL: As per the Commissions request the following are options for their
consideration:
GaraQe
As presently designed and bid with prefabrication of precast concrete
members underway the garage is a four story building with the top floor
being two thirds of a full floor.
.
The Garage will park a total of 458 cars. That number coupled with the
surface parking at both buildings will accommodate 0 total of 512 cars.
The original program requirement was 500 cars parked.
I
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It is significant to note that the City's Graphics and Central Print Shop was
added In to the Ground Roar of the Parking Garage which added $232,927
cost to the Garage and was not originally programmed (see attached), It
also displaced space for 23 parking spaces.
As you will recall the decision to add in the Print Shop came immediately
prior to establishment of the GMP. The attached Memo from
Creative/Beers Indicates that their quick estimate at that time was
Altemate J which was not included within the GMP for the Garage.
However, we were able to get it cosfed within our overall bid (see
attached).
..
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.
.
William C. Baker
CCSC Parking Garage
June 12, 1996
Page Two
Option One
While bidding the Garage we also asked for an add alternate to
complete the Fourth Floor build out which would add 53 spaces at a cost
of $219,254 ($4,137/car). 11Ils would bring the total parking spaces In the
Garage to 511 plus surface parking at the buildings to a total of 565 total
cars.
Further options would be to add one or two levels to the Garage which ore
estimated below.
Additional floors on the Garage will require the design of deep pier type
foundations which were not required of the four story building.
11Ie elevator would have to be extended up to serve the additional
floor(s) as would the fire stairs and fire protection system. Considering the
addition of two floors and 243 cars (including odd alternate for final 1/3 of
Fourth Floor) we would also recommend a second elevator be added.
While the added dollars mentioned above for Option One ore hard bid
numbers and can Immediately be elected given the funds to do so, the
below ore estimates based on preliminary structural calculations and the
unit costs gleaned from the Bid and Award of the Parking Garage
($S,330/car- see attached) presently being fabricated,
Option Two
Add one additional Level
+ Addttional Elevator Cost (Estimate)
$ 772RI3J
$ 170.cro
$ 75.cro
Fifth Floor - 145 cars at $5,330/car =
+ Additional Foundation Cost (Estimate)
Total Estimate Construction Cost $ 1 D17 .800
+ Architect/Engineer Fee at 3% $ 30.536
Sub-Totol $ 1,048.386
+ 10% Contingency Fund $ 104.839
Total Budget $ 1,153.225
+ 145 cars = $ 7,953/car
William C. Baker
CCSC Parking Garage
June 12, 1996
Page Three
Option 3
Add two additional Levels
+ Additional Elevator Cost (Estimate)
$ 1,545,700
$ 3000:0
$ roo:o
Fifth and Sixth Floor - 290 cars at $5,330/car =
+ Additional Foundation Cost (Estimate)
Total Estimated Construction Cost
$ 1,935.700
+ Architect/Engineer Fee @ 3%
$
58D71
+ 10% Contingency
$ 1,993.771
$ 199 :377
Sub-Total
Total
$ 2,193,148
+ 290 cars =
$ 7,563/cor
If the City would wish to elect either one of the above options the decision
would need to be made rapidly as it will take a minimum of 30 days to
modify the documents and gather the revised bids. The foundations for
Option Two and Three need to be gOing in the ground in September at the
latest to complete the Garage by February. If the election Is made to add
Option One, (for which the foundations are already designed) the
decision needs to be made rapidly as well to take advantage of the bid
cost of $4,137 Icar.
Professionally we would recommend Option One as we do not feel Option
Two or Three are cost effective. The City would be better off finding a new
site and repeating this garage and keeping it no more than Four Floors.
. Dean Rowe, F AlA
HDR/mo
cc: Jay Fortune
Bill Rast
John Williams
[VJv'E ARCHIlECTS
INCORPORATED
Florida Registration No. MC002172
100 Modlson Street Suite 200
Tampo. Florida 33602-4704
Fax: 813.221.9154
813.221.8771
(.. .~~. "
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Total Parking for the Clearwater City Services Project
June 12, 1996
A. ParkinQ GaraQe - ParklnQ Spaces:
First Floor
10 - He parking spaces
70 - parking spaces (60 spaces for pollee parking)
First Floor Ramo to Second Floor
36 - parking spaces
Second Floor
108 - parking spaces (49 spaces for pollee parking)
Second Floor Ramo to Third Floor
36 - parking spaces
Third Floor
109 - parking spaces
Third Floor Ramo to Fourth Floor
36 - parking spaces
Fourth Floor (total built out)
109 - parking spaces
Fourth Floor (2/3 built out)
53 - parking spaces
Total GaraQe ParkinQ: Total Four Comolete Floors
514 - parking spaces (Includes 10 HC parking spaces)
Toto I Garage ParkinQ: Total Three Comolete Floors and 2/3 of a Fourth
E!.Q.Qr
458 - parking spaces (Includes 10 He parking spaces)
ROJv'E ARO-1I1ECTS
INCORPORATED
~
Florida Registration No. AAC002172
100 Madison Street SuIte 200
Tampo. Florida 33602-4704
Fax: 813.221.9154
813.221.8771
*".
t;' ,.
Total Parking for Clearwater City Services Project
June 12, 1996
Page Two
B. City Office BuildinQ - Parkino Spaces:
31 - parking spaces (includes 2 HC parking spaces)
C. Pollee Headauarters BuildlnQ - Parkino SDac~s
23 - parking spaces (Includes 2 HC parking spaces and 5 spaces in the
Sally Port)
Total Prolect ParkinQ Soaces (With Four Comolete Porkino Goroo~
Floors)
.
568 - parking spaces (inclUdes 14 HC parking spaces and 5 spaces in
the Police Headquarters Building Sally Port)
Total Proiect ParkinQ Spaces (With Three and 2/3 Parking GarOQe
Floors)
512 - parking spaces (includes 14 HC parking spaces and 5 spaces In
Police Headquarters Building Sally Port)
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MEMORANDUM
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CREATIVE
CONTRACTORS
INC.
To:
Jay Fortune
Gary R. RiCht~r I~
Larry P. GerwIg flr{
620 Drew Street
Clearwater. Florida 34615
Telephone (S13) 461.5522
FAX (613) 447.t80B
From:
...
Date:
March 13, 1996
RECEIVED
Subject:
Clearwater City Sef\~ces Center
Parking Garage - Print Shop
Mt\R 1 S i996
cc:
Dean Rowe
Alan C. Bomstein
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In accordance with Dean's request, we have evaluated, our bids received, and allocated the
appropriate value for completion of the Print Sho~ build-out. This estimated actual cost
evaluation disregards the structural frame and is a tenant completion type of cost evaluation.
Please note the following cost breakdowns do not include work for the future adjacent retail shell
space. ~f/\ p
.. Alternate J
BudQet
$18,816
Concrete / prestressed
Estimated
Actual Value
Not included
. Masonry 6,535 $19,330
Steel pipe bolIards None .' 500
Rough carpentry None 200
Millwork . None 8,300
Waterproofing & flashing 9, 190 26,200
.
.. ..
Overhead doors None . ' 2,500
-
H.M. doors / frames Included 2,100
Wood doors Included 2,996
Hardware Included 4,000 JlJ
Labor to install I neluded 1.100
,
Subtotal $5,528 $10,196' J. Pb(l
FelLS eer' ~CBCO'O!l88
lpg\c!,lymemo.OO4
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,
Clearwater City Service
March 13, 1996
Page 2
Alternate J Estimated
BudQet Actual Value
Aluminum door & glass $1,669 $11,000
Stucco None 3,100
\
"
Drywall 6,556 16,391
Resilient flooring I carpet 4,873 5,850
Acoustical 7,308 1,324
. Painting 921 2,500
Signage allowance (CCI value) None 500
Lockers None 1,110
Bath accessories None 926
, HVAC Included 89,000
'\ Plumbing Included 6,000
Electrical Included 28.000
Subtotal $78,225 $123,000
Total
$139,621
$232,927 .
Net Overrun Cost (est.)
~()-~;--l~ +..r
Actual Overrun (no structural)
$93,306
J~I~10
$112,122 .
..
).1p&\citymcmo.004
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MEMORANDUM
CREATIVE
CONTRACTORS
INC.
From:
Jay Fortune
Gary R. Richter
Larry P. Gerwig~~
620 Drew Street
Clearwater, Florida 34615
Telephone (813) 461.5522
FAX(813) 447.4808
To:
Date:
March 12, 1996 (corrected 3/14/96)
Subject:
Clearwater City Services Center
Parking Garage (phase 9)
"
In accordance with our last meeting of March 4, 1996, we have been continuing to analyze our
subcontractor and supplier bids received. Upon analyzing the individual bidders' project scope of
work, we have uncovered many overlaps and some voids for which we are continuing to obtain
clarification. The concrete cost (Cocoa) is now corrected, but other areas remain open to
correction.
1.
The following is a preliminary summary of overall project costs received:
Base Bid: Budget
Garage 3 ~ floors gray plant finish
(see attached budget recap/actual
cost estimate.) $2,665,348.00
Preliminary
Bid Summary
$2,623,517
Asbestos removal & demo allow. 336,000.00
Actual cost incl.
Detail pricing allowance Included
117,964
Contractor's fee & general conditions Included
212.483
Totals $3,001,348.00
$2,953,964
Net Cost Underrun
$47,384
;....)
,
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Clearwater City Service Ctr.
March 12, 1996 - (c~~ected 3/14/96)
Page 2
Alternate One:
Build-out fourth level (see attached)
Contractor's fee 3.4%
Contractor's general conditions
Liability insurance 0.25%
Bond cost 0.60%
BudQet
$0.00.-'
Preliminary
Bid Summary
$207,869.00
7,068.00
Unknown?
520.00
1.247.00
Total
$0.00
$216,704.00
.. Alternate Two: (No fees included)
Add architectural finish to exterior of base bid garage design.
Base Cost
A Sand blast finish on base bid - gray commercial concrete. Add $21,400.00
B. Architectural precast to match existing building. Add 359,750.00
C. Sand blast finish on Alternate One. Add 2,550.00
. 'D. Architectural precast on Alternate One. Add 25,000.00
Alternate Three: (No fees included)
Change steel stair to precast stair.
Deduct .
$6,920.00
Asbestos Alternate: (No fees included)
Remove and dispose of ACM non-regulated
Add
$14,500.00
Value Engineering
VB-I Delete explosion proof operators on overhead
doors (all 4 ea.)
Deduct
VB-2 Delete chain hoist in overhead doors
Deduct
$8,088.00
$752.00
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Clearwater City Service Ctr.
March 12, 1996 - (corrected 3/14/96)
Page 3
Clarification
1. See attached Base Bid and Alternate #1 cost summaries.
2. No specification for parking control equipment 11150 has been issued. However, bids received
have suggested an allowance value $14,000 which is included. A signage allowance of $7,500
has also been included in the base bid.
3. Alternates 2A & C are based on medium to heavy sandblast finish on the plant run grey
prestres~ed and precast concrete garage members. Product by Coreslab Structures. rhey cannot,
however, fabricate architectural concrete and, therefore, have no bid offered for Alternates 2B
and 2D.
4. Alternates 2B & D are based on changing Base Bid prestressed/precast fabricator to DuraStress,
. Inc., who we understand will have an architectural concrete supplier provide architectural
concrete to match our Police and Office Building..
DuraStress, Inc.'s Base Bid $1,170,000
Alternate 2B 175,000
Bond Cost Est. (1 %) 13.450
Subtotal $1,358,450
Less Coreslab's Base Bid $998.700
Alternate 2B Cost - Add $359,750
S. Base bid sitework and new siteworklpavinglutilities mayor may not have an overlap in scope
which we are reviewing.
6. We have included an air quality inspection budget allowance of $4,700 in our base bid cost.
7. Concrete paving included in the exterior plaza is not colored concrete, but matches our present
design. No noted city sidewalk areas are included at this time.
LPG:bt
lpg'atymcmo.003
,," .:0 Or
R<.)AIE ARCHIlECTS
INCORPORATED
"
Florida Registration No. AACQ02172
100 Madison Street Suite 200
Tampo. Florida 33602-4704
Fax: 813.221.9154
813,221.8711
).'- , .,
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.
Garage Calculation of Cost Per Car
June 12. 1996
Bose Bid $ 2,953,964
Plus Alternate Two A.
Sand Blast Finish on Bose Bid to match
Finish of City Office Building and Police
Headquarters Building $ 21ACO
Minus Cost of Adding City Print Shop ($ 232.927)
Minus Demolition of Police Building ($ 115.259)
Total Bore Base Bid
Cost of Parking Garage $ 2b27,178
Add Additional 113 level including
finish to match $216,704 + $2,550 $ 219,254
Total for 4 Level Garage
(no other uses)
S 2.846.432
+ by Total Cars Parked
458+53+23 (Print Shop) = 534 =
S 5.3301car
.
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RAST CHANG IHC.
. ;ACSIMILE TJNSMITTAL
9623169
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NUMBER OF PAG~S INCLUDING THIS TRANSMITTAL: ~ .: i !
THE ORIGINAL DOCUMENT WILL....r- WILL NOT BE MAILED
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RAST CHANG, INC.
10012 North Dale Mabry Highway, Suite 219, Tampa, Florida 33618
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Should problems occur with transmittion, please call 969-4498
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Telephone: 813-969-4498 Fax: 813-962-3'69
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~1)Z C\
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO REGISTRATION OF
LOBBYISTS, AMENDING SECTION 2.700, CODE
OF ORDINANCES, TO REVISE DEFINITIONS OF
BOARDS AND LOBBYING; AMENDING SECTION
2.701 TO ADD TWO-DAY GRACE PERIOD TO
REGISTRATION REQUIREMENTS; 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.
Boards mean
~ all boards, both advisory and regulatory, est3blished by
ordinance of the City of Cloarwater.
'* * * '* '* *
Lobbying means communicating, or311y 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.
~!
,
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'* '* * * * *
~ Section 2.701, Code of Ordinances, is amended to read as
follows:
Sec. 2.701. Registration.
(a) All lobbyists shall register with the City Clerk before engaging in
any lobbying activities when prac~: or withinJwo worlsing days after engaging
. .. . 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,
Ordinance No. 6058-96
\5~~
(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.
(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.
~ 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:
dikJ
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6058-96
- - -- - . - ~ -. - . . . - ~
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Preliminary Agenda
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FN FINANCE
PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, June 17, 1996
following CRA which begins at 9:00 A.M. but no later than 10 A.M.
Clearwater City Commission Meeting - 6:00 P.M. - Thursday, June 20, 1996
Service Awards
Convene as Pension Trustees
Reconvene as Commission
PRESENTATIONS
1. Legislative Update - Jim Massie
2. Beach Issues - James Carras (See EN8 & CP1)
1 . No Item
2. Contract Renewal for purchase of misc. office supplies with Smith Wilson Company, Orlando, FL,
for the period 7/1/96-6/30/97, at standard discount of 57.50% from catalog list price, at an est.
$88,000 (Consent)
GAS GAS SYSTEM
1. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, to secure natural
gas easement across CSXT's r-o-w at 500 Jones Street, Clearwater, FL, at a cost of $1,650
(Consent)
2. Contract extension for installation of polyethylene gas mains & service lines to Heuer Utility
Contractors, Inc., Clearwater, FL, for the period 6/21/96-6/20/97, at an est. $867,750
3. Ratify/Confirm City Manager's approval of a 10% increase in Heuer contract for additional
funding of up to $86,775 for a total of $954,525 for installation of gas mains and service lines
GS GENERAL SERVICES
1 . Purchase of three 1996 automated side loader refuse collection trucks from Crane Carrier
Company, Tulsa, OK, for $391,629; financing to be provided under city's master lease-purchase
agreement
2. Contract for custodial services to Detail Cleaning Services, Palm Harbor, FL, for the period
7/15/96-7/14197, at an est. $91,800 (Consent)
3. Purchase of one 1997 Furd Truck Tractor from Heitzelman's Truck Center, Inc., Orlando, FL, for
$62,745; financing to be provided under city's master lease-purchase agreement (Consent)
PR PARKS AND RECREATION
1 . Contract for holiday decorating services to Clark Sales Display, Inc., for the period 12/1/96-
1/15/2001, for $ 70,200 (Consent)
2. Contract for Carpenter Field Clubhouse renovations to Oakhurst Construction Co., Inc., Seminole,
FL, for $621,647; approve additional funding of $698,147 at mid-year budget review
3. Recommend deny request from Clearwater Bombers for continuation of grant program whereby
the City would contribute $1 to the Bombers for every $10 in cash or in specific in-kind services
the Bombers receive as donations from the private sector up to a maximum City contribution of
$10,000 during FY 1995/96
6/17/96
1
EN ENGINEERING
1. Public Hearing & First Reading Ord. #6053-96 - Vacating portion of utility easement lying on Lots
3, 4, & 13, Pinellas Groves, SW % Sec.1-29-1 5 (City, V96-06)
2. Public Hearing & First Reading Ord. #6050-96 - Vacating North 10' of existing 30' drainage &
utility easement lying South of & adjacent to Lot 13, Blk 6, Revised Plat of Brookwood Terrace
Sub., less East 5' (St. Vincent DePaul, V96-08)
3. First Reading Ord. #6054-96 - reducing the easement granted by City of Clearwater Ordinance
116 to the successor of the Tampa & Gulf Coast Railroad, CSX Transportation Incorporated;
approve agreement with Pinellas County for the Pinellas Trail and sidewalk construction from
Belleview Blvd. to Jones St.
4. First Amendment to Lease Agreement dated 6/7/94 with Stone Buick, Inc., of lease premises in
Gibsons Clearwater Heights and Janie Daniels subdivisions, wherein Stone Buick will vacate
existing structures and approx. 40% of present lease premises by 8/30/96, in consideration of
which the City will adjust the monthly rent from $3,500 to $1,600 effective 9/1/96, and extend
the lease term 2 additional years from 5/6/97-5/6/99, with all other terms and conditions of said
lease remaining unchanged (Consent)
5. Res. 96-42 - authorizing execution of Joint Participation Agreement with FDOT to refurbish
Aircraft Hangar "A" at Clearwater Airpark
6. Contract for reconstruction of Highland Avenue, from North of Gulf to Bay Blvd. to North of
Sunset Point Rd., to Overstreet Paving Company, Largo, FL, for $4,281,069.56
7. Supplemental Agreement No.2 to agreement for professional services for Highland Avenue
widening with HDR Engineering, Inc., for $561,085
8. Parking Feasibility Study
CP CENTRAL PERMITTING
1. Receive information re consultant report on redevelopment feasibility for the "South Mandalay"
Redevelopment Area - request for direction
2. (Cont. from 6/6/96) 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. Public Hearing & First Reading Ords. #6051-96 & #6052-96 - Annexation & Zoning (OL - Tract
A, M&B less S 509' m.o.l.), (RPD5 - Tract B, M&B less N 160' m.o.l.) for property located on E
side of Landmark Dr., approx. 650' S of Enterprise Rd., Sec. 33-29-16, M&B 22.011; and
Development Agreement with James A. and Hazel E. Vogel to authorize development of up to 34
Single Family Residential Units and up to 14,160 sq.ft. of Office Floor Area; and Res. #96-45 -
approving the development agreement with James A. and Hazel E. Vogel (A96-21)
4. Public Hearing & First Reading Ord. #6044-96 - LDCA defining "public safety facility", identifying
zones where public safety facilities may be allowed, providing standards for approval (LDCA 96-
11 )
5. Public Hearing & First Reading Ord. #6045-96 - Amending Secs. 40.103, 40.324, 40.365,
40.384, 40.404 & 41.053, to allow bed and breakfast inns as a conditional use in the RM-10
District, CN District, Beach Commerical District, and CR-24 & CR-28 Districts (LDCA 96-09)
6. Variance(s) to Sign Regulations for property (Lokey Oldsmobile) located at 2339 Gulf to Bay
Blvd., Sec. 18-29-16, M&B 31.05 & 31.06 (Nell M. Lokey, Donald O. McFarland, Mangus Flaw,
Jr., and Barnett Bank Trust Co., N.A. - Co-Trustee/Trust of Earle B. Lokey, SV96-10)
7. Receipt/Referral - LDCA specifying density calculations for nursing homes be computed on basis
of 3 residents equals 1 unit, and parking for nursing homes be provided on basis of 1 space per 3
residents (LDCA 96-14) (Consent)
6/17/96
2
5g~02.
5<J~(13 .
4.
12.
13.
14.
. f' ~ . \ . ~ .(, ',1, ," ,'. \L,~..':,t,.:..~
CM ADMINISTRATION
1. Mid-Year Budget
a) F:rst Reading Ord. #6056-96 - Operating
b) first Reading Ord. #6057-96 - CIP
Updated proposed Penny for Pinellas projects
0(7, (10 d< IV 6 \1 e d. ') r I S:', ) q C I<
ClK CITY CLERK
hE: IV\'7.15'sC0'
1 . Development Code Adjustment Board - 1 appointment
2. Agreement with James C. Massie, extending lobbyist services for the period 6/26/96-6/25/97,
for $17,549 plus reasonable and necessary out-af-pocket expenses (Consent)
CA lEGAL DEPARTMENT
Second Reading Ordinances
1.
(Cont. from 3/21 & 4/18/96) Ord. #5972-96 - Amending Sees. 35. 11, 40.424, 40.434, 40.444,
40.464, 40.474, 40.503,40.523 & 41.053 - LDCA establishing "Research and Technology
Production Uses" (LDCA96-02)
Ord. #5989-96 - Land Use Plan Amendment to Commercial General for property located at 401
S. Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gerry Staring / Natalie Moyles, Trustee, LUP96-01)
Ord. #6~~O-96 - CG Zoning for property located at 401 S. Belcher Rd., Sec. 18-29-16, M&B
23.11 (Gerry Staring / Natalie Moyles, Trustee, Z96-02)
Ord. #6032-96 - Land Use Plan Amendment to Institutional 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 / Fusco Management Corp. / Property Capital Trust, LUP96-03)
Ord. #6033-96 - 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 ISchool Board of Pinellas County / Fusco
Management Corp, / Property Capital Trust, Z96-05)
Ord. #6034-96 - Land Use Plan Amendment to Institutional 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)
Ord. #6035-96 - P/SP Zoning for property located at 1142 Lakeview Dr., Sec. 22-29-15, M&B
21 .1 0 (School Board of Pinellas County / Pinellas Board of Public Institution, Z96-04)
Ord. #6036-96 - Annexation for property located at 2275 Manor Blvd. N., Clearwater Manor, Lot
85 (McClure, A96-20)
Ord. #6037-96 - RS-8 Zoning for property located at 2275 Manor Blvd. N., Clearwater Manor,
Lot 85 (McClure, A96-20)
Ord. #6040-96 - Annexation for property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz,
A96-18)
Ord. #6041-96 - RS-8 Zoning for property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz,
A96-18)
Ord. #6042-96 - Annexation for property located at 1517 W. Virginia Lane, Virginia Groves
Estates 1 st Addition, Blk 10, lot 2 (Wyllie, Jr. / Knox-Bronson, A96-17)
Ord. #6043-96 - RS-8 Zoning for property located at 1517 W. Virginia Lane, Virginia Groves
Estates 1 st Addition, Blk 10, Lot 2 (Wyllie, Jr. I Knox-Bronson, A96-17)
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
5.
6.
7.
8.
9.
10.
11.
6/17/96
3
15. 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
First Reading Ordinances
1. Ord. #6058-96 - Relating to registration of lobbyists, Amending Sec. 2.700 to revise definitions
of boards and lobbying; Amending Sec. 2.701 to add two-day grace period to registration
requirements
Agreements, Deeds and Easements
1. Sidewalk Easement - Robinwood Sub., Blk B, Lot 2 (Cornerstone Communities, Inc.HConsent)
2. Public Utilities Easement - Sec. 5-29-16 (GTE Florida, Inc.)(Consent)
City Manager Verbal Reports
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OTHER CITY ATTORNEY ITEMS
1. Florida League of Cities - Voting Delegate
2. Follow-up from Economic Development Symposium
3. Feasibility & cost of adding 1 of 2 levels to the MSC parking garage
Commission Discussion Items
1. Clearwater Festivals request for funding
Other Commission Action
Adjourn
6/17/96
4
TO: Mayor Rita Garvey
IilOM: Betty J. Blunt, Confidential Clerk Receptionist
COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau
SUBJECT: Presentation at the June 17, 1996 Work Session
DATE: June 17, 1996
The following presentation will be made at the June 17, 1996 Work Session
S years
Eddie Adams, Public Works (letter of appreciation and pin with city seal)
Gwendolyn Legters, City Clerk (letter of appreciation and pin with city seal)
10 years
Paul Henderson, Engineering (letter of appreciation and a desk clock)
Linda Ratcliffe, Library (letter of appreciation and a desk clock)
15 years
Kenneth Gilmore, Engineering (letter of appreciation and a plaque)
Frank Bowler, General services (letter of appreciation and a plaque)
20 years
Gregory Smith, Gas (letter of appreciation and a watch with city seal)
2S years
Susan Hackett, Library (letter of appreciation, day off with pay, dinner certificate)
. , . , ........-..... -....-
. "', . .' ..-
Jun-12-96 11:12P
P.02
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Ki""ey-Hom :ll'O AssoclaleS, Inc.
Svmmary of RI!c:ummcndaliOn~
City o( Ch!3rWaler
CLEARWA TER PARKING STUDY RECOMMENDA TrONS
,. Restripc certain public lots to increase the number of spaces and consider adding
approximately 15% compact spaces. See attached per lot estimates.
2. The City should not pursue a park and ride system now. As plans for a new bridge
progress, this option could be reassessed. Possibly, design features could make it
easier to accommodate a shuttle.
3. The parking garage on the Civic Center property is not currently justified; but this is
the recommended site when it is justified. Definite redevelopment plans could
change the feasibility of this garage.
4. Install a changeable message (real-time) sign at the west end of the causeway, See
attached sample.
5. Install a comprehensive trailblazing sign system. See attached concept plan.
6. Clearly sign that Marina patrons and employees can park at Civic Center. Also,
consider increasing the number of 5 hour meters in this lot. The northern-most row
of parking ijust south of the parking reserved (or the library and the Coast Guard)
should be 1 hour meters and the balance,S hour meters.
7. If meter housings were color coded, people could tell at a glance if parking was
short or long term.
8. A marked crosswalk should be added to eastbound SR 60.
9. Enforce established meter time limits to promote turn over of spaces, An area where
this has been a problem is at the Marina Lot, where 1 hour time limits have not
been enforced. This has allowed beach-goers to occupy metered spaces needed by
Marina patrons. To accommodate the occasional longer term Marina visitor, the City
should consider providing a few 2 or 3 hour meters.
10. Time limits and rates should tie based on adjacent land uses and the relative
demand for the spaces. Spaces In greatest demand should generally be the most
expensive. Spaces that are most convenient, should generally be (or shorter term
stays, consistent with the use creating the demand.
11. Consider meters on Mandalay Avenue between Juanita and Royal Ways, The free
parking 15 serving longer term parkers. On-street spaces between Roya! Way and
Acacia Street could be kept free in deference to concerns that charging for this
parking would encourage drivers to seek parking in the residential neighborhood to
the north. This is not an ideal solution, but any time residential and non-residential
lal1d use and parking abuts, these conflicts can be expected.
049018.00\sor.596
-1.
May 20.1996
.' . 'I, ' ,.' ' . . . , . ~ " Q
Jun-12-9S 1~:12P
P.03
Kimley-t-iorn and ^SSOCi.ltl!5, Inc.
Summ;ary of Rllc:omn\(\l'\d..tions
Clry of Clea,walef
..
12. The City should eliminate the provision or reserved spaces at the Marina as leases
expire and are renegotiated,
13. Install a change machine in the Marina lobby with appropriate signage.
14. Conduct a bicycle enhancement plan for the beach. This would include on and off-
road facilities and placement of secure bicycle storage. The City Code should be
amended to reflect recommendations that come from this effort.
15_ Consider creating a parking enforcement starf. Generally, in this approach, the cost
per person Is less than the cost per law enforcement staff person.
16. The City should evaluate the potential for accommodating northbound left turns into
lot 32 north.
17. Future parking needs are a reflection of future development and redevelopment. To
plan future parking, the City needs a realistic future land use/redevelopment plan,
During this study, concerns were heard about the financial feasibility of
redevelopment on the beach. Such things as height restrictions were named. While
it is outside the scope of this project to address these concerns, it seems that some of
the participants in this project, did not appreciate the reasons behind certain
development/redevelopment requirements/restrictions. It may also be possible that
the requirements are, indeed, making redevelopment difficult to justify financially.
The City should undertake an investigation of these assertions in conjunction with
the redevelopment plan, including a comprehensive public process. So long as
there is uncertainty about redevelopment potential, redevelopment will be dj((jcult
to encourage.
:~
049018.00\s0('s96
-2-
May 20,1996
. . . '. . . ~ .... . . ,;'
.Jun-12-96 11:12P
P.04
ESTiMATE of SpACES GAiNEd
by RESTRipiNCj
· CONdiTioN ONE: RESTRipE WHERE PossiblE fOR 90 DEqREE
PARkiNq CONsisTENT \ViTH ClEARWATER PARkiNq COdE:
RANqE of AddiTio~l SpACES:
80 TO 1 1 0
· CONdiTioN Two: RESTRipE WHERE possiblE fOR 90 DEGREE
PARkiNq CONsisTENT WiTH ClEARWATER PARkiNG COdE
EXCEpT CONVERT 1 5 % TO COMpACT SpACES:
RANCjE of AcldiTio~l SpACES:
90 TO 1 20
· CONdiTioN THREE: EXCEpTioN TO ClEARWATER PARkiNq
COdE (Allow 22~FoOT VS. 24~FoOT AislE WidTl-t fOR 90
DEqREE SpACES):
RANqE of AddiTioNl\t SpACES:
1 50 TO 200
· CONdiTioN FOUR: EXCEpTioN TO ClEARWATER PARkiNq
COdE (Allow 22;FoOT vs. 24,.FoOT AislE WidTH fOR 90
DEqREE SpACES) plus CONVERT 1 5 % TO COMpACT SpACES:
RANqE of AddiTioNl\l SpACES:
1 70 TO 225
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.Jun-12-96 11:13P
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C~ANqEAblE MESSAqE SiqNS
PARKING
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G EN VI Disk Matrix
Portable Message Sign
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Clearwater City Commission
Agenda Cover Memorandum
Item II: ...
Meeting Date: c;\~(;>~:~:
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SUBJECT:
Consultant Report - "South Mandalay" Redevelopment Area.
RECO MMEN DA TIO N1MOTION:
Receive information concerning consultant report on redevelopment feasibility for the" South Mandalay" Redevelopment
Area and provide direction to staff
o and that the appropriate officials be authorized to execute same.
BACKGROUND:
At Commission direction, staff retained the services of the Florida Planning Group to perform a preliminary feasibility
study for redevelopment options in the "South Mandalay" study area of Clearwater Beach. The consultant has completed
its findings and recommends:
· The creation of a community redevelopment designation for the subject area.
· The active conse" jg{lon/assembly of properties on the part of the City for private redevelopment.
· Market focus should be on condominium, commercial, and hotel/motel uses.
The consultant's report (attached) indicates that the redevelopment potential of this area, given market conditions and
underlying property values, is Quite good. Private sector redevelopment should focus on mixed use
commercial/condominium and harborwalk/marina projects in the East Shore area and a major new hotel project on the
Gulf-front. Public projects for the study area should include improved pedestrian streetscape.
The consultant has estimated a tenfold increase in the underlying property values should the recommended
redevelopment occurs. If a CRA was established, the resulting tax increment financing (TIF) funds would be available for
reinvestment in specified projects within the CRA.
More detail will be provided concerning the consultant's report at the upcoming Commission meeting. At that meeting,
staff will request direction from the Commission regarding:
. Development of streetscaping plans
· Creation of a CRA for the study area or a larger portion of Clearwater Beach
. Development of RFP's for the CRA plan and/or for the proposed private projects
Regarding the creation of a eRA, staff suggests:
· Broadening the CRA area to include all commercial portions of Clearwater Beach
· Establishing a 1 2 to 15 year "sunsetH date for the CRA
· Keeping the Beach eRA separate from the Downtown CRA
Total
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Reviewed by: .... ............. .. Q~ig~~fl~il'lg,qep'1.r~'!l~.~~:.........
Legal ::mmgti~/:...:..\t@):j~}\~/ .::Q~NWR11t.<:J?ti~H:I:~$$ttd:t:i:::):::
pur:':~~:~ ::;::;:;::::t;l:i:~:::::l;:::::::::::;:::.:;;;:;::.::;:;i:::::..;:i:'.. User Depar~~t.
Risk M gmt. ::::::~;::;;::~::;:::;~:;iNj\;:::::;;~:;:::::;:i;;:.::::i,i;:. :;W;?::;:;:H;:::;.H:~::::;:r:::.:.:;:::::.:.:.:.:...: ..'
IS ':I~t:I)t~.......:.:::::;:;:;:::::::;:;:::::::;:::::
ACM:::;::?",,::::
Other
Costs:
Submitted by:
art M./l9".J
Funding Source:
o Capllallmprovemelll:
o Operating:
o
Other:
Attachments:
I?! Not Required
Affected Parties:
o Notified
G3 Not Required
Appr()priation Code
.Souttl.....Mam:talay>.HY:):
Redevelopment Plan
o None
o Printed on recycled paper
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Redevelopment
Potential
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South Mandalay Area
of Clearwater Beach
May 1996
FLORIDA PLANNING GROUP, INC.
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Redevelopment Potential
~
South Mandalay Area
of Clearwater Beach
I. INTRODUCTION
In January 1996, Florida Planning Group, Inc. was retained by the City of Clearwater to conduct
an initial feasibility study of the overall redevelopment potential of the city's South M andalay Area.
This area, which is bounded by SR 60 (Marianne Street) to the south, Baymont Street on the
north, and runs from the Gulf to the Bay (Map 1), has been under study by the city since April
1994 when the City Commission requested that its staff begin exploring redevelopment options for
the area. The city has good reason for looking at the long-term redevelopment potential of South
Mandalay.
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Clearwater Beach has been a successful resort area since the late 1940s, and today the beach area
has thousands of hotel rooms, and is home to 12 percent of the city's residents. The beach area
provides the city with 30 percent of its property taxes and is a regional economic base industry that
provides thousands of jobs. However, as this area's older properties (many are now fifty years
old) become increasingly obsolete in the marketplace, they decline in value. The drop in value
results in a drop in city revenue, which directly affects the city's ability to provide necessary public
services. The city has another, perhaps more significant reason for acting to accelerate the
mooemization and redevelopment process of this area. Every resort location has a 'public
perception' in the marketplace. TIle public perception of an area sets a general tenor for
establishing both the types of people that will visit the area, and the type of new development that
mayor may not occur.
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Thus, if an area looks like it is declining, it can become a self-fulfilling prophecy, as potential
investors, and then visitors, shy away from a place that does not appear to have good long-term
potential. This is what happened in ivliami Beach's South Beach area, as well as in Fort
Lauderdale Beach. Both of these resort areas went through a long period of decline and
disinvestment before they were redeveloped. Now, after long redevelopment efforts, both are
successfully repositioning themselves in the increasingly competitive international resort market.
The city of Clearwater is wise to begin its redevelopment efforts at such an early stage, when it can
be a facilitator in the ongoing modernization and enhancement of the collective value of the area,
rather than waiting until the deterioration becomes widespread.
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\Vhy Cities Engage in Redevelopment
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It is an unfortunate fact of life that buildings, like people, get old and wear out. Generally this is a
long-teml process; an area will age and grow obsolete and eventually cycle its way downward into
less viable economic uses. Such a situation huns a city's tax base, and blight tends to act like a
cancer, spreading into adjacent healthy areas of the city, hurting everyone's property values.
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CITY OF CLE/\ R WATER
FLoRW/\ PLA~~Ii'iG l;l{oliP, It'c'
1 . 5/31/96
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Very Few
Houses
Deteriorated
THE CYCLE OF
NEIGHBORHOOD
DECLINE
Property
Value
Enhancement
A
Noticeable
Number
More
than
HalI
Noticeable
Public/Private
Reinvestment
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Few
Units
Habitable
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As the preceding graphic illustrates, every community can expect that, as its structures and
neighborhoods age, it will be faced with the problems of decline and disinvesment. Cognizant of
this fact, every state in the nation has empowered its local governments to engage in
redevelopment. In Florida it is called the Community Redevelopment Act.
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Successful Redevelopment
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Successful redevelopment is always based on a combination of public and private actions. While
the city can act as a facilitator and participant in the overall process, all the city can really do is set
the stage. Private sector participation is required, but this participation is dependent on market
forces. For example, while the city may wish to see an older, deteriorating area redeveloped, two
other criteria must be met before redevelopment will actually occur. First, there must be a market
for a new use. Someone must want to reuse the parcel. Second, the new use generally should be
able to pay for the acquisition costs of the existing property. For example, if the city designates a
city block, comprised of older one-story buildings, for redevelopment, the costs of acquisition of
the properties, all relocation, appraisal and legal fees, demolition, and clearance of the site must be
paid for by someone. Unless the city has the ability to absorb these costs, the new use must be
able to pay the acquisition cost.
The following chart illustrates this process. The city of Clearwater's ongoing planning efforts
have begun the analysis of desirable future land uses in the South Mandalay Redevelopment Area.
The purpose of this study is to look at the other two aspects of the redevelopment triangle to
answer two critical questions: is there a market for the new uses con templated by the city; and can
the land needed for those new uses be acquired at a price that the proposed new use can afford to
pay?
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city OF CLEAR WATER
FLORIDA PLANi\Ii\G GROUP, Ii\C.
2 . 5/28/96
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LAND
USE
wlARKET
Must mect
commWlity goals
for the property.
A markct for the
proposed project
must exist.
ACQ UISITION
COSTS
The proposed reuse
should be able to pay
for the acquisition of
the properly.
This market-based approach to redevelopment is very realistic, for unless all three items are
satisfied, redevelopment will not occur. Such an approach is pragmatic, by providing the city with
the ability to set the stage for redevelopment without incurring any significant up-front expenses.
The city can then be in a position to proactively market the redevelopment potential of the area, and
participate in a public/private redevelopment partnership in concert with the private sector.
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The City's Role
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In addition to its role in fomung and leading the redevelopment process, the city has one critical
ability that private developers lack: land assemblage. Under its redevelopment powers, the city can
assemble land, which is often a critical component in the redevelopment process. Most city blocks
are held under a multiplicity of ownership, which makes it difficult for the private sector to
assemble the land needed for redevelopment. In addition to its critical role in land assemblage, the
city can also 'provide zoning changes and public infrastructure improvements in support of its
redevelopment partnership program.
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The South Mandalay Area
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The South Mandalay area of Clearwater Beach is an area that is slowly growing obsolete and
deserves attention. Most of the area was built in the 19S0s and 1960s, and reflects design ideas of
that time period. As the area has aged, many of the older structures and housing have grown
obsolete by today's design standards and are beginning to deteriorate. The area is broken into
many small lots (Map 2), under different ownership, and the street and parking layout is highly
inefficient. As a result, it appears that the South Mandalay area meets the state law requirements for
designation as a community redevelopment area.
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Of more direct concern for the city is the under-valuation of the property in South Nlandalay. By
way of illustration, sector one (Map J), which extends from Papaya Street north to Baymont and
from Mandalay Avenue to the beach. currently has a total assessed value of $4.5 million, which is
less than half of the value ($9.8 million) of the Doubletree Hotel that is directly south of this sector,
on approximately the same size site. By way of further exumple, the newer and more modem
Sheraton at Sand Key is valucd at three times the total valuc of sector one. In addition to the
under-valued property, the incfficient street layout of the area, if corrected, could produce highly
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CITY OF CLEARWATEn
3 . S/2'tIJ96
FLOIUDA PLA1\i\I.'(~ GIHHiP,I:-;C.
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valuable surplus right-of-way which would then be available for future development. Similar
sectors within this area are also under utilized. At a minimum, redevelopment of this area into
modem, higher value uses will significantly increase the city's tax base.
One cannot look at the SOUUl Mandalay area by itself when thinking about the long-term future of
the area, for it is an integral part of what should really be looked at by the city as part of the
'Clearwater Beach Resort Complex.' In many respects, the South Mandalay area serves as the
commercial area for all the beach hotels, as well as for the beach area itself. While the current retail
mix is primarily targeted toward tourists, the area's stores, restaurants and bars also serve the
Greater Tampa Bay market. Providing the area with a strong symbiotic relationship with the rest
of the island and the region.
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I'LOIUDA PLANNING GROUP, INC.
4 . 5/28/96
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Location Map
Map One
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II. OVERALL lVlARKET CONDITIONS
The purpose of this section is to look at the overall markct potential for thc types of uses that could
be expected to locate at Clearwater Beach. These include: rcson hotels, marinas, upper-end
condominiums and general commercial/retail facilities.
Clearwater Beach primarily serves and depends on two large markets: tourists, who visit from
outside the region, and local residcnts from thc surrounding four-county region (Pinellas,
Hillsborough, Pasco and Polk) who also visit and vacation at the beach.
Tourism
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The tourism industry is always dependent on a numbcr of external factors, which are usually
outside the control of local governments. The overall economic picture, exchange rates, and even
public perceptions can affect the local market. Witness the big drop in tourism visitations to
Florida in 1994, following the: highly publicized tourist murders. Tourism has since rebounded,
and is now projected by the state to continue its slow growth above its very substantial base of
approximating forty million visitors each year. Thc S 1. Petersburg/Clearwater area has maintained
a fairly stable percentage of the state's overall tourism, which reflccts the area's established image
as a beach resort. Interestingly, in 1994, when tourism was down across the state, the local area's
numbers edged up slightly, which again reflects the area's relative strength in the worldwide
(especially overseas) tourism marketplace. The state Deparunent of Commerce is projecting that
tourism will continue to grow over the next several years, which should also increase the city's
tourism numbers.
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Projected Tourism Visitors
St. Petersburg!
Clearwater:
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1993
1994
1995
1996 (projected)
1997
41 million
40 million
41 million
42 million
43 million
3.86 million
3.9 million
3.9 million)
4.0 million
4.1 million
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1. Florida Department of Commerce, Office of Tourism and Research, 1996.
2. Research Datn Services, Inc., 1995.
3. Projected by Florida Planning Group, Inc. 1996.
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As this table illustrates, the number of tourists visiting the area is expected to slowly grow by
approximately 100,000 additional people each year.
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Clearwater Beach also serves a regional population who periodically use the beach. Fueled by the
growing Tampa Bay regional economy strong population growth within the region is expected to
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continue far into the future. As the following table displays, the region is expected to add about
33,000 new people every year for the foreseeable future.
Regional Population G rowth'
1990 1995 2000 2005
Census Estimate Projected Projected
Pinellas 851.659 X7H,300 914,800 948,500
Hillsborough 834,054 893,XOO 963,700 1,026,100
Pasco 28 1. I 31 305,700 338,300 367,900
Polk 405,3X2 445,100 4X3,200 517,800
Total
2.372.226
Change
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161,()74
2,700,000
166,000
2,860,300
160,300
I. Bureau of Economic and Business Rrsc~lf(:h. Sl;.llislica1 Ahstract. 1995.
In addition to the strong population growth, the Tampa Bay region, contrary to state and national
trends, will become slightly younger in the future, as the proportion of elderly among the new
anivals continues to decline. All of this bodes well for the beach area, where the primary local
users of Clearwater Beach are under-45 households and families.
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Change in Age Makcu p 1994 to 2005
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Under 24
25 to 64
Over 65
Total
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1994
817,291
74,318
1,456,199
1,230,919
586,811
520,610
2,862,306
2,486,841
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82,973
22.2%
225,280
60.2%
66,201
17.7%
374,465
100.0%
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Source: Florida Statistical Abstract, 1995, BEBR.
Rorida Planning Group, Inc. 1996
As this table indicates, the Tampa Bay region is attracting an increasing number of younger
families and households, who have the highest propensity to frequent the beaches.
Income
The city1s median household income in 1995 is slightly lower than the state and county medians.
This reflects the higher than average number of retired households in the community, who
generally show lower incomes after retirement although these households have high household
C1TY OF' CLEA1~WATER
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levels. Map 4 displays the median household incomes by census tract in 1995 and Map 5 displays
the area's household wealth patterns.
Median Household Income
1995 2000
1990 Estimated Projected
Clearwater $26,578 $27,940 $28,948
- Pinellas County 26,310 28,200 29,258
Florida 27,514 29,768 30,694
Source: Clariras, Inc.. 1996.
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As part of this study, the overall market potential for a number of potential reuses were examined.
1. lVIid-to-High End Resort Hotel
To say that Clearwater Beach offers a wide range of room rental choices understates the area's true
market mix. Its hotel inventory currently ranges from privately owned condos, through 1950 and
60s style individually owned motels (commonly called mom and pop motels), to the national chain
resort and convention hotels, like the Radisson at Sand Key. Depending on the choice, average
room rates at the beach range from $40 to $250 a night. Off-season rates are generally 60-75
percent of the peak winter season (January-May) rates.
\Vhile the ongoing shift in the hospitality rnarketpl:.1ce, and the strong showing of the area's chain
hotels is probably well known within the hotel industry, the current lack of available waterfront
sites has effectively precluded new development. However, based on the statistical infonnation
available, which combines overall hotel occupancies with the strong tourism market (especially
from oversc:.ls), and the growing regional economy, the beach area could support an additional son
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There is a growing dichotomy in the market's response to the different types of hotel 'product'
currently offered at the beach. S tatistic~ll evidence is showing that while the larger, primarily chain
hotels are doing extremely well, with annual occupancy rates above the 70 percent occupancy rate
(the standard for a sllccessful hotel operation), the smaller older mom and pop operations are
beginning to struggle, and some are seeing an overall decline in their occupancies.
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The St. Petersburg/Cle~mvater Area Convention and Visitors Bureau has an ongoing contract with
Research Data Services, Inc. to track the area's hotel occupancy and room rates. While the
specifics of the information gathered by the Bureau are proprietary in nature, and thus not available
for release to the general public, their statistics suppon this finding.
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The difference should not be a surprise in the context of the hotel industry's marketplace. While
overseas tourists still typically takes long vacations, the trend in America is toward shorter, three to
five day get-aways. However, both of these markets are becoming increasingly influenced by the
· known commodifY concept,' that the ,national hotel chains and resorts such as Disney embody.
With less time, the average tourist is much more likely to depend on a name brand hotel or even a
tour boat than to experiment. Thus, the known commodiry concept.
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In addition to their inherent advantages in mass marketing, the chains also have sophisticated
methods of networking with travel agents, airlines, and corporate convention planners to enhance
their bookings. Single location operators typically lack this network. During the last five years,
the national hotel chains have also been engaged in establishing tiered market versions of
themselves (high, medium and low price range) to expand their overall market shares. This
strategy will steal market share from local single store operators.
These stnlctural changes in the hotel industry mean, that unless a local motel can establish a true
market niche, through the uniqueness of the product it provides, or has built up a following of
loyal customers, it will have difficult time retaining market share and profitability in the future.
Additional national hotels at the beach will accelerate this difficulty. Lacking a strong cash flow,
many of the area's small motels will ultimately be unable to upgrade and modernize their
operations, and will close or be forced to economically cycle their buildings downward to
deterioration and/or abandonment, damaging the city's image ~s a world class reson destination in
the process.
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higher-end resort hotel rooms, or at least two additional hotels, (The increase in tourism numbers
alone support an additional 350 - 490 rooms.)
A long-range shift of the beach's hotel market mix away from the lower end of the hotel rental
market towards the higher end has the potencial to strengthen the retail and restaurant markets
within the area, as the customer mix changes and per person expenditure rates rise. For example,
because tl"le daily expenditure rate for the typical resort hotel visitor is almost twice what it is for a
small unit hotel, visitors at higher-end hotels are expected to spend more in the local shops and
restaurants.
2. Marina
In 1984, the Department of Natural Resources (DNR) conducted an internal, statewide study on
the future demand for marina slips in Florida. DNR was cognizant that while its environmental
concerns with marinas were legitimate, there was a growing demand for marinas that was not
being met. DNR, now the Depanment of Environmental Protection (DEP), acknowledged the
need for additional marinas, but stayed finnly on the side of the environment. The department's
strict permitting process has reinforced the shortage of marina slips throughout Florida.
There were 42,687 registered pleasure boats in Pinellas County in 1994. Of particular interest are
boats over 25 feet in length which are difficult to transport. These are the boats most likely to be
berthed in a wet slip. Thus, while DEP estimates that 11 percent of all pleasure boats will be wet
slipped, this number rises to 67 percent for all boats over 25 feet. There are 21,043 boats over 16
feet long and 4,692 boats over 26 feet registered in Pinellas County. By comparison, the state
estimates that there are approximately 3,500 to 4,000 marina slips available within the county.
Thus, a strong market for additional marina slips exists today, and will continue to exist into the
foreseeable future.
A strict permitting process does not completely preclude the construction of a new marina. Based
on discussions with cities in similar situations, in order to successfully expand the number of local
marina slips the city must develop a master plan for m:.trina expansion for all of Clearwater Bay.
The city must also be willing to comply, on an ongoing basis, with DEP's legitimate environmental
concerns.
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The city's existing marina, on the south side of SR 60, is in1mediately adjacent to the South
Mandalay area. Its locations is advantageous because the city may be able to expand the
availability of docking space by adding additional slips, rather than building a new marina.
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In addition to the visual and property value enhancement that a marina provides to a waterfront
activity zone, additional slips and docking space also bring maritime customers to the area's
commercial establishments.
-
3. Housing
The strong market for waterfront condominium units in southwest Florida (including the
Cleanvater area) is being driven both by the continued stream of retirees choosing to locate in
southwest (rather than southeast) Florida and by a growing number of foreign (primarily
European) buyers. The state projects continued growth in this market far into the future. For the
past five years the city has permitted the construction of an annual average of 400 higher-end
condominium units at the beach. However, condominium developers are now in a similar situation
to potential hotel developers, facing the lack of available, buildable sites. The lack of available land
will continue to hinder hotel and condominium development.
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If there was available land, the city could expect to see the continued construction of similar type
luxury condominium units at current levels well into the foreseeable future. This market demand
could support the annual construction of two 120 to 150 unit mid-rise buildings for the next five
years.
4. IVlulti-Usc Commercial/Recreational Facilities
The multiplicity of ownership, and the ad-hoc development pattern in the South Mandalay area,
coupled with the lack of and strong waterfront commercial foclls, have contributed to restraining
the necessary commercial modernization and growth that the area needs and could support. As a
result, the current commercial market mix is focused on the local common denominator: the tourist.
With two million visitors a year, and serving a two and a half million person metropolitan area,
Clearwater Beach meets the basic demographic criteria for almost every chain restaurant and
specialty retail outlet operating in the county. The facilities most likely to find Clearwater Beach
attractive will be those that have successfully operated in existing festival marketplace waterfront
venue type operations. However, the disjointed development pattern of the area precludes the
necessary symbiotic relationship from occurring between the hotels, restaurants, shops and
entertainment venues,
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One of the major underlying design considerations for the redevelopment of the area is that the city
must 'design in' the cross connections that will link together the existing and new commercial
facilities. This linkage should be copied from the most successful festival marketplace centers.
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If the district were organized as a single retail unit (even if held in diverse ownership), and laid out
in a more conventional, symbiotic manner (especially if more facilities were oriented towards the
Gulf or bay-front) the area has a significant unrealized market potential for additional commercial
facilities. New commercial development should utilize the 60/40 rule of thumb for festival type
marketplaces, where 60 percent of the new space is utilized by bars!restaurants and 40 percent is
retail. Interestingly, increasing the number of restaurants and shops at the beach will have the
effect of increasing the business for all the businesses there, by creating enough critical mass to
make the area a 'destination' in the eyes of the regional marketplace.
A similar potential exists for the area's locaVregional commercial markets. At present the area has
not yet made itself into a trUe 'day trip/weekend' destination for the in-Florida market, like a St.
Augustine, Cedar Key, or even Mt. Dora. Such an addition to the area's current marketing focus
could significantly expand the scope of the area's overall market potential. Additional restaurant!
shopping/entertainment opportunities at the beach would also help through their symbiotic
relationship to strengthen the overall tourism and hotel markets.
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IV. REDEVELOPlVIENT POTENTIAL
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As noted in the introduction, even if a market exists for a particular type of use, unless there is a
site available that meets the unique spatia1Jlocational requirements of that use, and that can be
acquired at a cost that the new use can afford to pay, then redevelopment will not occur. The
purpose of this section is to evaluate if the existing area can meet this criteria.
The Pinellas County Property Appraiser's data files were accessed to develop the total appraised
values of the various city blocks that make up the South Mandalay area. As Map 2 illustrates, the
project area is currently divided into many small pieces of property which, would need to be
purchased to assemble a site large enough for any major new development to occur. Although the
appraised value is often a good indicator of a property's current value, under a condemnation
scenario, fair market value, business or residential relocation costs, site clearing, appraisals, legal
and administrative costs all must also be included if a realistic estimate of the total acquisition cost
is to be made.
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In addition to the assessed values, a visual survey of the area was made to identify those properties
and businesses (Barnett Bank is a good example) that would be expected to stay in the area under
any redevelopment sce'nario.
Using this baseline criteria, three sectors of the South Mandalay area appear to have redevelopment
potential: sector one, which is the beach front property north of Papaya Street; sector two, the
bayfront property from Marianne Street (SR 60) to Papaya; and sector three, the bayfront from
Papaya to Baymont Street. Map 6 illustrates their locations. The following table estimates the
acquisition cost of the private property located within these sectors.
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Estimated Total Acquisition Costs
Area Low Range High Range
Sector One: $ 4,700,000 $ 9,400,000
Sector Two: $ 3,500,000 $ 7,000,000
Sector Three: $ 2,600,000 $ 5,200,000
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In order to support such high acquisition costs, any new development will obviously need to
intensify the uses on the property. However, because there is excess road right-of-way (Map 6)
within the area, the city gains this valuable real estate in a redevelopment scenario, which reduces
the overall acquisition cost on a per acre basis. The following table displays this reduction.
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CITY OF CLEARWATER
FLORWA PLAi'1\IN(; (;ROUP, Ii'C.
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Area Acres Low High
Sector One 3.799 $1.24 million $ 2.38 million
ROW 1.033 $ 0 $ 0
Total: 4.832 $0.97 milliom to $ 1.27 million
Sector Two 4.109 $0.86 million $ 1.73 million
ROW 0.964 $ 0 $ 0
Total: 5.073 $0.70 million to $ 1.23 million
Sector Three 3.570 $0.73 million $ 1.43 million
ROW 0.689 $ 0 $ 0
Total: 4.259 $0.61 million to $ 1.19 million
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As this table shows, including the excess right-aI-way sigmjicantly reduces the overall cost of the
properties on a per acre basis, making future redevelopment financially feasible.
The next step in the feasibility process is to estimate whether a single use, or a combination of uses
could afford to pay these prices for an assembled site. Note: It is a mle of thumb that land costs
should generally not exceed ten percent of the overall commercial project cost; however, in beach
settings, the intrinsic value of the property highly skewers this rule.
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Sector one is a prime location for an oceanfront resort hotel. The approximately five acre site
would provide enough foom for one large hotel, including necessary on-site parking, or two
smaller hotels with structured parking. Utilizing comparable land values at other beach front hotels
in the area (see appendix), and assuming that the total complex on this parcel would contain 450
rooms with supporting commercial facilities along Mandalay, a proposed new resort hotel
development could support the acquisition cost of this property. (Note: A smaller hotel could also
be built on a ponion of this site.) Current density levels for this area would allow an
approximately 300-unit hotel to be built on the site, so some increased density allowance may need
to be considered by the city as pm1 of a future redevelopment program.
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Sectors two and three appear to be prime locations for the construction oj two mid-rise
condominium developments (approximately 300 units in total) in combination with wateifront
commercial facilities. At current (or slightly higher) densities for this type of development, and
assuming that significant emphasis would be placed on siting commerci:11 waterfront out-parcels,
these proposed reuses could support the acquisition costs for these sectors. (Note: This area could
also be developed incrementally.) As with sector one, some increase in density and intensity of
uses in this area may be necessary in order to increase the commercial opportunities available, and
to pay for the acquisition and development costs.
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In conclusion, the redevelopment potential of the South Mandalay area meets the three conditions
for successful redevelopment: (1) it meets the city's overall development plan for the area, (2) a
markets exist for the uses envisioned, and (3) the land that would be needed for future
redevelopment can be acquired for a cost that the new uses can support.
CITY OF CLEARWATER
I:! . 6/3/96
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Map Seven
South Mandalay Area
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Map Eight
South Mandalay Area
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v . V ALUE-ADDED SITE AMENITIES
-
As pan of this study, the 'value-added' potential of a number of existing and proposed site
amenities were looked at. These site amenities could be built by the city or by a developer, or even
shared. The purpose of this section is to evaluate some potential amenities that would strengthen
the attractiveness and property val ues of the area.
1. Civic Center Relocation
I ,
The city's old civic center is located on one of the traffic islands that separate the east and west
lanes of SR 60. The need for this facility is reduced, if not eliminated, by the new Clearwater
Beach Recreation Center and the improved accessibility via the new Clearwater Beach Bridge to the
Sailing Center of Sand Key. The city should demolish this structure and replace it with another
use.
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The city may want to consider relocating the US 60 corridor to a single side, freeing the current
underutilized islands for commercial development, in conjunction with a South Mandalay
redevelopment program.
2. Landscaping and Streetscaping
t~!..." ...
The value added to local property values from streetscaping and landscaping has been so
successfully proven, in so many venues, that its importance in new development and
redevelopment is now a given. The entire Clearwater Beach area should have a unified, clearly
recognizable streetscapellandscaping look that carries over into both the public and private sector.
Once again, the importance of appearances is a critical determinant for how people view an area.
By way of example, both Nliarni Beach and Fort Lauderdale have invested heavily in their public
landscaping and streetscaping programs.
I . '\
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Although it is outside the scope of this project, there is also a need to reexamine the traffic flow,
the important pedestrian flow for the whole beach area. Sidewalks, in a number of areas, need to
be widened, and wherever possible, covered. Although the area handles a large amount of traffic
on a routine basis, the transportation pattern needs to be redesigned to facilitate pedestrian travel as
much as possible, especial,ly in off-peak and weekend situations. The whole system of roads,
sidewalks and parking needs to be designed to be flexible enough so that it can change to suit the
particular user needs (both cars and people) that will vary with the season, and even the time of
day.
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While the city can adopt new development standards to effect gradual change over time, in order to
create a dramatic change, the city should plan to landscape and streetscape the whole Clearwater
Beach commercial resort area, as well as the South Mandalay area. While some of these
improvements can be made concurrent with new development, general streetscape improvements
will enhance the existing value of the area, and should precede irrespective of redevelopment plans.
il'4
3. Harbor Walk
-
A continuous linear park, along the harbor from SR 60 north to Baymont Street, would be a major
prerequisite for opening the harbor to commercial development. As noted in the market study
portion of this report, this area would be an excellent location for the addition of a large number of
boat slips, and a pedestrian accessway would serve this use as well. More important, this would
provide a place for people to gather together in a beautiful setting. By way of comparison, Fort
-
CITY OF CLEAR WATER
FLO/{WA PLA/'.1\I1\(; <.;RouP, 1M':.
13 . (.13/1)6
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Lauderdale estimates that its harbor walk brings an additional one million visitors a year to the city.
This amenity would cost in the $3-4 million range, including the additional marina slips that would
be constructed.
4. Papaya Street Pedestrian Mall/Baymont Street Walk
Papaya and Baymont serve as the two main east/west cross connectors for the area, and should not
be closed to vehicle traffic. However, both these streets could have their sidewalks widened so
that they can serve the very important function of providing an interesting, attractive, pedestrian
cross-connection between the beach and the bay.
S. Additional Public Waterfront Parks
There does not appear to be a need for additional public recreational areas in South Mandalay. The
beach is currently an underutilized asset, and the open space on both sides of the Clearwater Bay
causeway currently meet the need for this type of amenity.
6. Outdoor Commercial Recreation
I
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In the city's initial redevelopment phm envisioned utilizing some of the area for low density,
family-oriented outdoor conunercial recreation facilities, such as a miniature golf course facility.
While the addition of such facilities is certainly desirable, this type of operation cannot support the
high land acquisition costs that the redevelopment of this area will require.
Outdoor commercial recreation facilities are certainly needed at the beach, but these uses would be
better situated on underutilized parcels, closer to the beach itself.
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7.
Public Parking Garage
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The city is wise to insist that there be a market for a structured parking garage before constructing
one. At the time of this report, the city's consulting engineers have projected that there is currently
not a need for a public parking garage in this area. This may not preclude the need for structured
parking as part of a more intensive redevelopment scenario in the future, at which time the city may
find it cost-effective to participate in a joint venture to share space in a garage with a private
developer.
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CITY OF CLEARWATER
FLORIDA PLANNING GROUP,INC.
14.5/31/96
-
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VI. POTENTIAL FOR INCREASED REVENUES.
Although it is outside the scope of this project to estimate the full positive economic impact of a
future redevelopment program, an estimate of the potential increase in the city's ad valorem taxes
can be made relatively easily, which can show the immense difference in property values that could
be created. The current collective ad valorem value of the three sectors that have been identified as
having the best potential for redevelopment is currently around $11 million. Under the total
redevelopment program envisioned in the city's redevelopment program, with the construction of
an additional resort hotel, 300 additional condominium units, and additional commercial space, the
collective ad valorem value from these new developments could be in excess of $100 million,
which would provide the city with a dramatic increase in revenue.
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FLORIUA PLANNING GROUP, INC.
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CITY OF CLEAR WATER
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Appendix
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Florida Planning Group, Inc.
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ApPENDIX CONTENTS
-
ONE
Property Appraisal Report Data for the South Mandalay Area
TWO
Clearwater Market Region, Change in Age Makeup, 1994 to 2005
.
,
,
THREE
Vessels Registered in Florida, FY 1994/95
FOUR
Comparable Resort Hotel Values/Condominium Values
FIVE
Household Age by Income Reports, 1990-95-2000
. ~-'"'.
,
, ,
--
SIX
1995 Visitor Profile Reports - St. Petersburg/Clearwater Area Convention and
Visitors Bureau
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CITY OF CLEARWATER
.
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Sheet1
-
Appendix
City of Clearwater
South Mandaley Redevelopment Area
Property Appraisal Report
Sector One: Papaya to Baymont, Manda/ay to Beach
c
To Marl<et
o Co Ra wn Income
d unt ng shl Subdl Implied Just Cost Estimated
e y e p Sectlon vision L.ot Just Value Value Approach Valuo
8 .15 29 08, 16398 ,000 ,0060, S 191,300 S S 191,300
C ,152908, 16398 ,000 ,0090, S 318,800 S 55,200 M, S 318,800
o ,152908, 16398 ,000 ,0140, S 438,600 S 292,400 M, S 438.600
E ,152908, 16398 ,000 ,0190, S 489,100 $ 284,900 M, S 489,100
F ,152908, 16398 ,000 ,0290, S 185,100 S S 185.100
G ,15 29 08, 16398 ,000 ,0330. S 247,700 S 195,000 I. S 247,700
H ,15 29 08, 16398 ,000 ,0390, S 98,900 $ 52,100 I, S 98.900
I ,152908, 16398 ,000 ,0410, S 85,000 S 42,500 S 85,000
J ,15 2908, 16398 ,000 ,0430, S 692,300 S 481,800 , S 692,300
K ,152908, 16398 ,000 ,0490, S 187,000 S 8,800 , S 187,000
...... N ,152908, 16398 ,000 ,0720, $ 106,300 $ 275,500 I, S 275.500
i o ,152908. 16398 ,000 ,0740, $ 212,500 S S 212,500
l!d P ,15 2908, 16398 ,000 ,0780, S 106,300 $ 107,800 S 107,800
Q ,15 2908, 16398 ,000 ,0800, S 212,500 S 310,200 I, S 310,200
f~ R .152908, 16398 ,000 ,0840, $ 52,300 $ 21,200 , S 52,300
- R .152908, 16398 ,000 ,0850, S 28,100 S 40,100 I, S 40,100
S ,152908, 29251 ,000 ,0001, S S S
P~I S ,152908, 29251 .000 ,0010, S $ 190,700 S 190,700
; .. S ,15 29 08, 29251 ,000 ,0020, S S 193;800 S 193,800
~ S .15 29 08, 29251 ,000 ,0030, S S 190,700 S 190,700
S .15 29 08, 29251 ,000 ,0040, S $ 193,800 S 193,800
....., Total: S 3,651,800 S 2,936,500 $ 4,701,200
Acres
......
Estimated Land 3.799
ROW 1.033
Total: 4.832
Remainder of Block
A ,152908, 16398 ,000 ,0010, $ 516,000 $ 453,300 I,
L ,15 2908, 16398 ,000 ,0530, $ 214,200 $ 142,800 M,
M ,152908, 16398 ,000 ,0570, S 376,300 S 231,700
$ 1,106,500 $ 827,800
Clearwater Beach
,152908, o ,220 ,0100, $ 2,683,300 S
Double Tree Hotel Site
,15 2908. o ,230 ,0100, :5 9,630,000 $12,384,200 I,
Page 1
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Sheet1
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South Mandaley Redevelopment Area
Property Appraisal Report
Sector Two: Marianne to Papaya, Poinsetta to the Bay
c
To Mar1cet
o Co Ra wn Income
d unt no shJ Subdl Implied Just Cott Estimated
e y e p Section vision Lot Just Value Value Approach Value
,152908, 2592 ,002 .0010, S 237,400 $ 232.900 S 237,400
,15 2908, 2592 ,002 .0040. S 102,000 S 8S,OOO M, S 102,000
,152908, 2592 ,002 ,0050, $ 156,400 $ 58,800 S 156,400
,152908, 2592 ,002 ,0070, S 78,200 $ 70,900 I, S 78,200
,152908, 2592 .002 .0080, S 78,200 $ 3,500 , S 78,200
.15 2908, 2592 ,C02 ,0090, S 156,400 S 149,600 M, S 156,400
,152908, 2592 ,002 ,0110, $ 78,200 S 69,200 I, S 78,200
,15 2908, 2592 ,002 ,0120, S 412,800 $ 619,200 M, S 619,200
,152908, 2592 ,003 ,0010, S 191,300 S 78,500 I, $ 191,300
,152908, 2592 ,003 ,0020, S 170,000 $ 70,100 I, S 170,000
,15 2908, 2592 ,003 ,0030, S 301,000 $ 121,100 I, S 301,000
,15 29 08, 2592 ,003 ,0050, S 102,600 $ 50,400 . S 102,600
-
, ,152908. 2592 ,003 ,0070, S 335,400 S 223,600 M, $ 335,400
" .~ ,152908, 2592 ,003 ,0100, S 177,900 $ 119,600 M, S 177,900
Il'ItI
,15 2908, 2592 ,003 ,0120, S 190,000 $ 14,000 M, S 190,000
~ ,15 2908, 2592 ,003 ,0130, S 228,700 $ 43,300 M, S 228,700
. I " ,152908, 2592 ,003 ,0140, S 344,000 $ 173,600 I, S 344,000
..
Total: S 3,340,500 S 2.183,300 $ 3,546,900
Acres
l4} Estimated Land 4.109
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"* ROW 0.964
Total: 5.073
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Shaet1
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City of Clearwater
South MandaJey Redevelopment Area
Property Appraisal Report
Sector Three: Papaya to Baymont, Poinsetta to Bay
c
To Manc:et
o Co Ra wn Inco~
d unt ng shl subdl Implied Just Cost Estimated
e y e p Section vlslon Lot Just Value Value Approach Value
,15 29 08, 16434 ,002 ,0010, $ 78,900 $ 206,300 I, $ 206,300
,152908, 16434 ,002 ,0020, $ 159,800 $ 79,900 $ 159,800
,15 29 08, 16434 ,002 ,0021, $ 144,600 $ 2,300 , S 144,600
,152908, 16434 ,002 ,0060. S 157,800 $ 93,700 , S 157,800
,152908, 16434 ,002 ,0080, $ 45,900 S 21,000 S 45,900
,15 2908, 16434 ,002 ,0081, S 30,800 S 13,400 , S 30,800
,15 29 08, 16434 ,002 ,0090, S 75,400 S 16,000 S 75,400
,15 29 08, 16434 ,002 ,0100, S 157,800 $ 139,700 M, S 157.800
,152908, 16434 ,002 ,0120, $ 75,400 S 61,200 S 75,400
,152908, 16434 ,002 ,0130, S 78,200 $ 61,200 I $ 78,200
..-.M.... .152908, 16434 ,002 ,0140, $ 75,400 $ 32,300 , $ 75,400
~ ,152908, 16434 ,002 ,0150, $ 102,000 $ 153,000 M, S 153,000
,152908, 16434 ,003 ,0050, $ 152,500 $ 55,800 M, S 152,500
t~ ,15 29 08, 16434 ,003 .0060. $ 305,000 $ 35,000 M, $ 305,000
,15 29 08, 16434 ,003 ,0080, S 266,900 $ 56,000 I, S 266,900
ta'l1 ,15 2908, 16434 ,003 ,0100, S 514,900 $ 21,100 S 514,900
Total: $ 2,421,300 S 1,047,900 $ 2,599,700
ht Estimated Land 3.570
. ~ "
~ ROW 0.689
Total: 4.259 ,
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Sheet1
City of Clearwater
South Manda/ey Redevelopment Area
Property Appraisal Report
Sector Four: Marianne to Papaya, Mandalay to Poinsetta
c
To Market
o Co Ra wn Income
d unt ng shl subdl Implied Just Cost Estimated
e y e p SectJon vision Lot Just Value Value Approach Value
,152908, 2592 ,001 ,0010, S 112,500 S 144,600 , S 144,600
,15 2908, 2592 ,001 ,0030, S 52,600 S 41,700 I, S 52,800
,152908, 2592 ,001 ,0040, S 62,000 S 30,400 I, S 62,000
,15 2908, 2592 ,001 ,0050, S 195,000 S 6,000 , S 195,000
,152908, 2592 ,001 ,0070, S 556,900 S 525,100 $ 556,900
.15 2908, 2592 ,001 ,0110, S 114,800 $ 114,400 I, $ 114,800
,15 2908, 2592 ,001 ,0130. S 57,400 S 114,800 " $ 114,800
.15 2908, 2592 ,001 .0140, S 57,400 $ 48,400 \, S 57.400
,15 2908, 2592 ,001 ,0150, S 97,500 $ 140,500 , S 140,500
,-- ,15 29 08, 2592 ,001 ,0160, S 97.500 $ 171, 1 00 , $ 171,100
.15 2908. 2592 ,001 ,0170, S 313,400 $ 135,600 $ 313,400
U<I ,15 29 08, 2592 ,001 .0210, $ 28,900 S 26,600 , $ 28,900
,152908, 2592 ,001 ,0220, S 85,900 S 74,900 , S 85,900
~ ,152908, 2592 ,001 ,0230, S 172,100 S 156,000 , $ 172.100
i !. ,15 29 08, 2592 ,001 ,0260. $ 172,100 S 152,400 \, S 172,100
~
,15 29 08, 2592 ,001 ,0290, $ 407,000 $ 309,600 S 407,000
,152908, 2592 ,001 ,0410, S 80,200 S 81,100 , S 81,100
Li. .15 2908, 2592 ,001 ,0420, $ 39,200 S 30, 100 S 39,200
, .
Dtf ,15 2908, 2592 ,001 .0421, S 36,600 $ 28,100 S 36,600
S 2.739,200 $ 2,331,400 $ 2,946,200
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Sheet1
City of Clearwater
South Mandaley Redevelopment Area
Property Appraisal Report
Sector Five: Papaya to Baymont, Mandalay to Poinsetta
c
To Marxet
o Co Ra wn lnecme
ct unt nq shl Subdl Implied Just Cost Estimated
e y e p Section Vision Lot Just Valu. Value Approach Value
,15 2908, 16416 ,002 ,0160, 5232,200 5298,800 I, $298,800
,152908, 16416 ,002 ,0200, 5229,500 515,600 $229,500
,152908, 16416 ,002 ,0240, $148,000 $ 5148,000
,152908, 16416 ,002 ,0270, 5319,300 $280,500 , $319,300
,152908, 16416 ,002 ,0440, $114,800 576,100 $114,800
,152908, 16434 ,001 ,0010, $ 80,200 $ 138,700 I, S 138,700
,15 2908, 16434 ,001 ,0020, $ 1,294,300 $ 1,826,400 , 5 1,826,400
,152908, 16434 ,001 ,0090, 5 160,500 $ 4,100 S 160,500
.152908, 16434 ,001 ,0110, S 80,200 S 3,300 , 5 80,200
,15 2908, 16434 ,001 ,0120, $ 321,000 $ 43,100 $ 321,000
Total: 52,980,000 52,686,600 $3,637,200
Bayfront condominium at Saymont and East Shore
,152908, 18135 ,001 ,0010 $ $ 50,300
,152908, 18135 ,001 ,0020 $ $ 50,300
,152908, 18135 ,001 ,0030, $ S 30,800
-- ,15 2908, 18135 ,001 ,0040, $ $ 30,800
,152908, 18135 ,001 ,0050, $ $ 30,800
t~;."j ,15 29 08, 18135 ,001 ,0060, S $ 30,800
,
tm ,152908, 18135 ,002 ,0010, $ $ 60,400
,152908, 18135 ,002 ,0020, $ $ 60.400
t.;'"' ,152908, 18135 ,002 ,0030, S S 30,800
,152908, 18135 ,002 ,0040, $ S 36,900
~ ,152908, 18135 ,002 ,0050, $ 5 51,700
,152908, 18135 ,003 ,0010, S S 60,400
l~ ,152908, 18135 ,003 ,0020, $ $ 60,400
i '
.ld ,152908, 18135 ,003 ,0030, $ $ 30,800
,152908, 18135 ,003 ,0040, $ $ 36,900 ,
!- ~ ,152908, 18135 ,003 ,0050, $ S 51,700
, ,152908, 18135 ,004 ,0010, $ S 50,300 ,
121 ,152908, 18135 ,004 ,0020, S S 50,300
,152908, 18135 ,004 ,0030, S $ 30,800 ,
I " : ,152908, 18135 ,004 ,0040, $ $ 30,800 ,
- ,152908, 18135 ,004 ,0050, $ S 30,800 ,
,152908, 18135 ,004 ,0060, $ $ 30,800 ,
,152908, 18135 ,005 ,0010, $ $
,152908, 18135 ,005 ,0020, $ $ 27,100
,152908, 18135 ,005 ,0030, S $ 60,600
Total: $ 1,015,700
Bayfront condominium on East Shore
,152908, 86480 ,ODD ,0001, $ $
,152908, 86480 ,000 ,0010, $ $ 104,600
,15 29 08, 86480 ,000 ,0020, S $ 104,600 ,
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,15 2908. 86480 ,000 .0030, $
,15 2908, 86480 ,000 ,0040. $
,152908, 86480 ,000 .0050. S
.152908, 86480 .000 .oeso, S
.15 2908, 86480 ,000 ,0070. $
.152908, 86480 ,000 .0080. $
Total:
$ 104.600
$ 104,600
$ 104.600
$ 104.600
$ 115.000
$ 115.000
$ 857.600
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Appendix Two
Clearwater Market Region
Change in Age Makeup 1994 to 2005
1994
Under 24 25 to 64 Over 55 Total
HiIIsborough 300,737 464,339 113,993 879,069
Pinellas 219, 130 428,254 223,338 870,722
Pasco 72,718 130,138 95,996 298,852
Polk 141 ,733 208,188 87,283 437.204
Total: 734,318 1,230,919 520,610 2,4S5,847
29.5% 49.5% 20.9% 100%
2000
Under 24 25 to 64 Over 55 Total
HiIIsborough 321,166 511,691 130,843 963.700
Pinellas 227,652 530,372 248,902 1,006,926
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Pasco 80.926 153.115 104,257 338,298
l!\".I\l Polk 150,834 230,747 101.620 483,201
Total: 780,578 1 ,425,925 585,622 2,792,125
t~ 28.0% 51.1% 21.0% 100%
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2005
t~ Under 24 25 to 64 Over 65 Total
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HiIIsborough 337,869 545,380 142,849 1,026,098
f"''' Pinellas 233,701 490,173 224,625 948.499
Pasco 86,895 172,083 108,922 367,900
- Polk 158.826 248,563 110,415 517,804 ,
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Total: 817,291 1,456,199 586,811 2,860,301 .
28.6% 50.9% 20.5% 100%
1994 to 2005
Under 24 25 to 64 Over 65 Total
2005 817,291 1,456,199 586,811 2,862,306
1994 734,318 1,230.919 520,610 2,487,841
Total: 82,973 225,280 66,201 374,465
22.2% 60.2% 17.7% 100.0%
Source: Florida Statistical Abstract, 1995, BEER
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Appendix Three
Vessels Registered in Florida FY 1994/95
Plnellas HiIIsborough
Length: Pleasure % Commercial Pleasure % Commercial
Less than 12 feet 7,239 17% 328 5,433 16% 63
12 to 16 feet 9,713 23% 195 12,486 36% 137
16 to 26 feet 21,043 49% 794 15,189 44% 360
26 to 40 feet 4,090 10% 432 1,468 4% 169
40 to 65 feet 587 1% 183 167 0% 96
65 to 11 0 feet 15 0% 24 5 0% 41
Over 110 feet 0% 2 0%
TOTAL: 42,687 100% 1,958 34,748 100% 866
Polk Pasco
Length: Pleasure % Commercial Pleasure % Commercial
Less than 12 feet 3,334 14% 33 2,399 15% 51
12 to 16 feet 11 ,402 <47% 242 5,452 34% 64
16 to 26 feet 9,107 38% 126 7.489 47% 194
"'....,
i ; 26 to 40 feet 240 1% 14 648 4% 191
...... 40 to 65 feet 36 0% 6 61 0% 71
65 to 11 0 feet 1 0% 0% 9
J;\\' Over 110 feet 1 0% 0%
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.- 100% 100%
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Pleasure Boats 16 to 26 feet Over 26 feet total
Pinellas 21,043 4,692 25,735
HiIIsborough 12,486 1,640 14,126
Polk 11,402 278 11,680
Pasco 5,452 709 6,161
Total: 50,383 7,319 57,702
Page 1
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Appendix Four
South Mandalay Redevelopment Area
Comparable Land/Building Values
Source: County Appraiser Data
Sheraton at Sand Key
Land
Improvemems
Total Value
Size of parcel
Acres
Hotel units
Units/acre
Land costIunit
Construction/unit
Total cost/unit
Land costlSF
Land cost/acre
$ 8,677,500
$ 10,534,900
$ 19,212,400
265,029 SF
6.084
390
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$ 22,250
$ 27,013
$ 49,263
$ 32.74
$ 1,426,282
Radisson at Sand Key
Land $ 4,405,500
Improvements $ 9,995,000
Total Value $ 14,400,500
Size of parcel 185,865 SF
Acres 4.267
Hotel units 220
Units/acre 51.6
Land cost/unit $ 20,025
Construction/unit $ 45,432
Total costIunit $ 65,457
Land cost/SF $ 23.70
Land cost/acre $ 1,032,458
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Assuming a baseline value of $200,000 a unit, with 25% of the baseline cost going for land, the current
Condominium market, with site densities at twenty-eight units per acre, could support land acquisition
costs up to $1.4 million per acre. ($50,000 * 28 = $1.4 million)
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Interoffice Correspondence Sheet
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Subject:
Mayor and City Commissioners
Scott Shuford, Director of Central Permitting S j
So. Mandalay Redevelopment Plan - Background Information
To:
From:
cc:
Betty Deptula, City Manager
Pam Akin, City Attorney
Cyndie Goudeau, City Clerk
Date:
June 13,1996
At your June 17 worksession, there will be considerable discussion on beach issues. Included in
this discussion will be a presentation by the consultant (Steve Kelly of the Florida Planning
Group) that we retained to evaluate major redevelopment potential of the South Mandalay area.
In order to provide you with some background prior to the meeting, I am forwarding copies of
the South Mandalay Redevelopment Plan that Mr. Kelly evaluated. This plan contains a number
of development options ranging from relatively small sc&le public projects (streetscape
improvements, Papaya Street pedestrian mall) to significantly more substantial public-private
partnership redevelopment proposals such as those discussed in Mr. Kelly's report.
I have considerably more information on this subject. This information includes a slide show that
helps describe many of the projects contained in the redevelopment plan, as well as a video tape of
a "similar" waterfront development in Portland. If you are interested in viewing this information,
please contact me.
Should you have other questions or comments, contact me at your convenience.
SS/vld
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CLEARWATER BEACH
"SOUTH MANDALAY"
REDEVELOPMENT AREA PLAN
~ PRELIMINARY DISCUSSION .OF OPTIONS ~
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PREPARED BY:
CITY OF CLEARWATER
. CENTRAL PERMITTING DEPARTMENT
MAY 19,1994
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Table of Contents
Acknowledgements ..........................
Introduction . . . . . . . . .. . . . . . . . . . . . . . . ... . . .. . . .. .
Universal. Goals .............................
Option 1 - Small Scale Option ...................
On-Site/Off-Site Option . . . . . . . . . . . . . . . . . . . . . . . .
Large Scale Option . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evaluation of the Options ......................
Appendix A: General Information .................
r>'-~ , Appendix B: Street Orientation Options . . . . . . . . . . . . .
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ACKNOWLEDGEMENTS
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The Central Permitting staff would like to acknowledge the contributions made by
various people in the preparation of this report.
First, Julie M. Johnson, ASLA, AICP, private architectural consultant and associate
with the Florida Center for Community Design and Research, provided invaluable
input into several of the proposed redevelopment schemes. Ms. Johnson suggested
the Holiday Inn Surfside surface parking lot as a possible parking garage location,
and developed the Poinsettia Avenue street orientation shown in Figures 6 and 7.
She also suggested relocating the Baymont Street Walk to the south side of Baymont
(staff had originally proposed a north side location since the walk would be more
continuous in this area); this revised location results in fewer land use conflicts.
Barbara Metzger and Dawn Lakin of the City's Graphics staff put in long hours on
short deadlines to create the graphics in this report. They also provided invaluable
assistance in the creation of the slide presentation associated with this report.
Finally, Don Merrians of the City's Traffic Engineering Division provided substantial
assistance in the conceptual streetscape improvements from a traffic engineering
standpoint. He prepared the drawings provided with Appendix B.
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CLEARWATER BEACH "SOUTH MANDALAY"
REDEVELOPMENT AREA PLAN
~ PRELIMINARY DISCUSSION OF OPTIONS ..
Introduction
On April 21, 1994, the City Commission requested that staff develop several
redevelopment options for the area bounded by Marianne Street on the south,
Baymont Street on the north, the Gulf of Mexico on the west and Clearwater Harbor
on the east for Commission consideration at its meeting of May 19, 1994. For
simplicity in describing this area, staff is referring to it as the "South Mandalay
Redevelopment Area." Details about the land area and zoning of the area are
provided in Appendix A.
This short report provides a summation of three different options for the
redevelopment of this area. Following Commission direction, staff will initiate further
action on any option or any individual components.of each of these options.
Universal Goals
Staff suggests that the starting point for any proposals for the South Mandalay study
area should begin with a determination of the most important goals 'to be
accomplished. We suggest further that there are six "universal goals" that should
guide any redevelopment options for this study area. These are:
~ Improve the pedestrian connection between the East Shore/Poinsettia
area and both Mandalay Avenue and the beach
~ Improve the pedestrian environment along all redevelopment area
streets
~ Increase parking opportunities in the redevelopment area
~ Improve public access to Clearwater Harbor
~ Increase private investment in the redevelopment area
~ Create an identity for the redevelopment area in the context of the
identity of Clearwater Beach
While the public or the Commission may identify other goals that might be
considered "universal," these appear to staff to be sufficient in guiding any of a
number of redevelopment options for this area of Clearwater Beach. Specific options
are discussed below.
_/
1
.Q.Qtion 1 - Small Scale Option
The first option identified by staff is a relatively less complicated redevelopment
option. No public/private partnerships are proposed, and no major facilities, other
than possibly parking garages and a waterfront park, would be constructed on
existing private property. Accordingly, this option is referred to as the Small Scale
Option.
The main components of the Small Scale Option are summarized in the following
paragraphs and table. Figure 1 illustrates the proposed improvements.
Papaya Street Promenade
Conversion of Papaya Street into a pedestrian-only promenade or street mall along
its entire length from Clearwater Harbor to the Gulf of Mexico would improve the
pedestrian connection between the East Shore/Poinsettia area and both Mandalay
Avenue and the beach. Some public parking along Papaya would be lost following
this proposal, but property access would not be interfered with to any great degree.
This proposal would link the East Shore/Poinsettia area with the Beach, Mandalay
Avenue, Clearwater Harbor in a significant pedestrian-oriented way.
The Promenade could include passive recreation facilities and benches. Vendors and
sidewalk cafes could be established at intervals along the Promenade; it would also
serve as an area for art shows and street festivals. Breaks in the Promenade would
occur at East Shore Drive, Poinsettia Avenue, Mandalay Avenue and North Gulfview
Blvd. A cul-de-sac arrangement or T-shaped street end would have to be established
at the southern terminus of North Gulfview Boulevard in order to accommodate
vehicle turnarounds.
Baymont Street Walk
A second proposal to be considered in conjunction with, or separately from, the
Papaya Street Promenade would be to provide a widened sidewalk (approximately
15 feet wide) along the south side of Baymont Street from Clearwater Harbor to the
Gulf of Mexico. As with the Promenade proposal, few property access problems
would be created and some on-street parking eliminated. This proposal does have
potential of creating use conflicts with the multi-family development north of
Baymont Street.
No Back-Out Parking/Pedestrian Streetscape
The Small Scale Option addresses the second universal goal, improving the
pedestrian environment, by implementing the previously-proposed "no back-out"
parking proposal along all redevelopment area streets. This is the proposal
previously submitted to the Commission by staff of eliminating back-out parking,
providing streetscape landscaping and widened sidewalks in conjunction with a
comprehensive street improvement program. Opportunities for sidewalk cafes and
,._../ vendors could be provided under this proposal. Examples of how this proposal could
be implemented are included in Appendix B of this report.
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Parking Gar'ages
To meet the third universal goal, increasing parking opportunities, staff would
suggest establishing both a north and south end parking garage in the redevelopment
area. The north end garage is regarded as the more critical as it would serve to fill
the gap between beachside public parking located in the Palm Pavilion and Pier
SO/South Beach Pavilion parking areas. The existing Pelican Walk surface parking
lot provides an ideal location for this north end parking garage. This area could be
converted to approximately triple the number of parking spaces provided by the
Pelican Walk development, and eliminate the large expanse of paved surface parking
in this area, creating a more pedestrian.friendly environment. Street level shops
could be provided in the parking garage to improve its pedestrian-related function.
The location of a parking garage on the south end of the redevelopment area could
be accomplished through either of two alternatives. First, the surface parking lot on
the north end of the Holiday Inn Surfside could be converted into a parking garage
with street level shops. This would allow an interconnection with the Papaya Street
Promenade, and eliminate a large "blank" space in the Mandalay Avenue and Papaya
Street pedestrian environment. Alternately, should the Holiday Inn Surfside not be
interested in such an arrangement, some other relatively large property would need
to be purchased, through negotiation or condemnation, in order to create a parking
structure in another place in the southern part of the redevelopment area. (See the
Civic Center site discussion on page 5 below.)
Papaya Street Waterfront Park
Concerning the fourth universal goal, improvement of public access to Clearwater
Harbor, staff suggests the creation of a waterfront park at the eastern terminus of
Papaya Street to interconnect with the street mall/promenade. There is a relatively
dilapidated property located on the north side of Papaya Street adjoining Clearwater
Harbor which contains approximately 0.67 acres. This property has an appraised
property tax value of approximately $500,000, and could be purchased to establish
a public waterfront park.
Harbor Walk
Alternately, or in conjunction with the proposed Papaya Street park, would be a
linear boardwalk interconnecting all waterfront properties in this area. This proposal
may prove attractive to waterfront property owners, excepting residential property
owners and those having small scale marina operations. These property owners may
find themselves having concerns about safety due to the added accessibility to their
properties. Given the existing development pattern, the boardwalk would likely have
to be constructed over Clearwater Harbor, creating some permitting difficulties.
Also, the boardwalk could be extended north of the redevelopment area, linking it
with the Recreation Center, its associated parking, and the ferry stop.
Redevelopment Area Identification
While the improvements recommended above will serve to create an identity of sorts
for the redevelopment area, a more active approach is recommended. First, the City
should install "gateposts" at key spots along the street frontages bordering and
within the redevelopment area (e.g., shaded benches, pillars, light pole banners, or
5
other distinctive architectural devices) to identify the area's key features and entrys.
. Second, a coherent street-side landscaping theme should be established and
implemented along all redevelopment area streets. Third, the tropical seascape
theme design theme should be implemented across Clearwater Beach, with
incentives for compliance focused on the redevelopment area.
On-Site/Off-Site Option
Staff proposes a second option for Commission consideration. This option, referred
to in this report as the .On-Site/Off-Site Option, consists generally of the Small Scale
Option proposals, with the added goal of moving public functions into the
redevelopment area. Figures 2 and 3 illustrate two versions of this option.
Public Function Relocation
As the following table indicates, an added option goal for the On-Site/Off-Site
Option, includes the following possible proposals:
~ Relocate the Civic Center to the redevelopment area.
~ Relocate the Recreation Center to the redevelopment area.
~ Locate a Conference Center in the redevelopment area.
Each of these proposals would involve the purchase of existing private property in
order to locate public functions in the redevelopment area. Any or all of these
proposals would serve to reinforce the importance of the redevelopment area to the
overall Clearwater Beach community. Any or all of the proposals could be linked
with any of the universal goal proposals. In particular, the Papaya Street Promenade
and waterfront park could serve as an excellent opportunity to capitalize on the
interrelationships between the various goal proposals.
Finally, there is no reason why these public functions cannot be combined. The
Civic Center and Conference Center functions have a natural overlap since both
involve meeting facilities; this particular combination might result in a maximum
utilization of the meeting facilities. Shared parking would provide advantages to any
of the possible uses, also maximizing the use of land.
Civic Center Site
Should the Civic Center be relocated to the redevelopment area, the existing Civic
Center site could serve as a possible parking garage location, or, in the alternative,
eliminating all existing land uses on this area and creating a passive "landing zone"
tor people coming onto the beach. This latter proposal would reduce congestion in
the beach's entryway and provide an opportunity for visitors and residents alike to
"catch their breath" as they enter the beach area.
Should the parking garage proposal be accepted for the Civic Center site, some
effective means ot crossing Marianne Street and Causeway Boulevard would need
to be established. Either elevated walkways or an improved pedestrian-activated
signalized crosswalk could be used to address this situation. Ground level shops and
restaurants should be established in the parking garage, if this option is chosen, in
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order to improve pedestrian interest. The shops and restaurants would also provide
. public revenue to fund the construction of the garage and other public
improvements.
Large Scale Option
The Large Scale Option includes the proposals from both the Small Scale and On-
Site/Off-Site options. The Large Scale Option offers one additional option goal:
~ Consolidation of properties in the East Shore/Poinsettia area into a
single development proposal centered around a Conference Center and
a major hotel facility or facilities, or, alternately, centered around a
mixed use residential/commercial project.
This option, as envisioned by staff, would either centralize the Conference Center
in the redevelopment area and orient one or more major hotel facilities to the
Conference Center area, or establish a mixed use residential/commercial project
similar to Hyde Park in Tampa. Figures 4 through 7 illustrate versions of this option.
Staff points out that versions of this option would allow the vacation of parts of
East Shore Drive, Poinsettia Drive, and Baymont Street, minimizing the amount of
area taken up by public infrastructure in the redevelopment area. Approximately 400
hotel/motel units or 100 + residential units with a substantial amount of commercial
floor area could be constructed on either of these consolidated areas.
If the Commission decides to pursue a hotel development, existing density
regulations allow a density that roughly corresponds to ten Sea Stone Resorts, three
Clearwater Beach Hotels, or one Holiday Inn Surfside. Hotel development of this
scale could accommodate any parking required for the Conference Center at the
hotel site(s).
A mixed use commercial and residential project, similar to Hyde Park, would also be
a possibility for the redevelopment area. The Conference Center would likely not be
a part of a mixed use project due to land area constraints, unless it was held to a
smaller scale. However, such a project could be designed to mesh well with the
universal goals identified early in the report, some public functions could be located
into the' redevelopment area, and land use conflicts could be minimized through
careful design. Having residential development in close proximity to the major
commercial features of the redevelopment area, including Mandalay Avenue, would
help insure the success of the commercial facilities.
There are other possibilities for major redevelopment projects in this part of the
redevelopment area. The waterfront location lends itself to a variety of commercial
and residential development possibilities. Staff did not pursue these possibilities in
this report for a variety of reasons. First, we did not consider purely residential
development in this area due to the limited amount of commercially-zoned land on
Clearwater Beach and the potential for land use conflicts inherent in providing a
purely residential project in such close proximity to "downtown" Clearwater Beach.
As noted above, the Harbor Walk proposal may also conflict with a pure residential
use in this area.
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purely commercial projects, and the likely scale of a purely commercial development
. might shift the commercial focus in the redevelopment area from Mandalay Avenue
to the waterfront. Location of public functions, except possibly the Conference
Center, into the redevelopment area would likely not occur as part of a large
commercial project.
Staff can provide the Commission with more information on any of these alternatives
if desired.
Evaluation of the Options
The following table provides a summary comparison of how the "universal" and
option goal proposals could be funded under each of the three options proposed in
this report. Funding sources are listed in order of most probable funding source. As
noted in the discussion below, staff feels that the Large Scale Option represents a
preferred approach in accomplishing the stated goals.
Of the three redevelopment options, the Large Scale Option appears to allow the
"universal" and option goals to be met with the least amount of land use conflict and
General Fund expense, although considerable public expense, through a
redevelopment agency, could result. As proposed by staff, this option would not be
pursued unless a public/private partnership and redevelopment agency (CRA) could
be established. This partnership could be a three-way arrangement between the
City, the developer (or developers), and the property owners, with the property
owners being offered "shares" in the development based upon a pro rata estimate
of relative participation. Alternately, it could be a two-way arrangement, with the
City and the developer(s) utilizing the City's redevelopment authority to acquire
property and the developer's capital to partially or fully finance the property
acquisition and development. (This latter scenario appears more likely, given existing
property ownership patterns and the number of owners in the area.) The developer
could be responsible for the development costs of the streetscape improvements, the
Harbor Walk and the Waterfront Park, and could also be required to participate in the
costs of relocating the Civic Center or Recreation Center to this area. As mentioned
above, in the event that the hotel alternative is chosen, the parking for the
Conference Center should be provided by the hotel developer.
Regardless of the option selected, if a Conference Center is developed in this area,
it should be with either substantial (if not full) funding from, preferably, the Tourist
Development Council (TOC) or, alternately, the hotel developer. Conference centers
are regional attractions that result in regional econonlic benefits. Consequently, the
City of Clearwater should not be required to capitqlize the Center by itself. TDC
funding of the Center would result in a greater likelihood of success for the Large
Scale Option since it would allow the developer to more fully participate in the other
desired on and off site improvements and would minimize developer risk associated
with the Conference Center. Further, it would provide greater public control over the
scheduling of events and functions within the Center since no specific hotel or
development entity would control the Center.
16
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. The Commission should be advised that further study of and action pursuant to the
desired option or proposals may be necessary to insure compatibility with City
concurrency regulations and regional hurricane evacuation goals. Depending on
Commission direction, a formal redevelopment area may need to be established to
allow prompt City action to consolidate properties.
Further, the Commission should also be advised that a number of the proposals
discussed above may require code amendments. For example, the existing height
regulations in the Beach Commercial zoning district may require some modification
in order to accommodate a major commercial or hotel development project. Floor
area ratio requirements may also need modification in order to accommodate major
commercial development.
At this time, staff does feel that these procedural and regulatory "obstacles" to any
of the above options or proposals can be overcome with specific action and further
study. We are ready to formalize our approach to achieving the goals of this study
by aggressively pursuing any option or proposed improvement the Commission
desires.
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APPENDIX A
GENERAL INFORMATION -
REDEVELOPMENT AREA
LAND AREA IN REDEVELOPMENT AREA BY ZONING DISTRICT
(INCLUDING STREETS)
ZONING DISTRICT
BEACH COMMERCIAL (CB)
RESORT COMMERCIAL 28 (CR-28)
TOTAL
LAND AREA
22.29 ACRES
12.22 ACRES
34.51 ACRES
ZONING REQU1AEMENTS IN REDEVELOPMENT AREA BY ZONING DISTRICT
REQUIREMENT BEACH COMMERCIAL RESORT COMMERCIAL 28
RESIDENTIAL 26 UNITS! ACRE MAX. 26 UNITS/ACRE MAX.
DENSITY
HOTEL/MOTEL 40 UNITS! ACRE MAX. 40 UNITS/ACRE MAX.
DENSITY
.' FLOOR AREA RATIO 1.2 MAX. 1.05 MAX.
BUILDING COVERAGE 750/0 MAX. 45% MAX.
SETBACKS
~ STREET ~ NONE ~ 20 FEET MIN. *
~ SIDE ~ NONE ~ 12 FEET MIN. *
~ REAR ~ NONE ~ 1 5 FEET M IN. *
· INCREASES PAOPORTlONATEL Y IF
STRUCTURE EXCEEDS 20 FEET IN HEIGHT
OPEN SPACE
~ FRONT YARD ~ NONE ~ 500/0
~ SITE ~ 50/0 MIN. ~ 250/0
HEIGHT 35 FEET MAX. 80 FEET MAX.
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~~~. '*",
APPENDIX B
STREET REORIENTATION OPTIONS -
"NO BACK-OUT PARKING" PROPOSAL
The City's Traffic Engineering Group prepared the following graphics that depict the
existing back-out parking arrangement typical to most streets in the commercial
areas of Clearwater Beach (Figure B-1), along with a variety of proposals to "retrofit"
existing street layouts to eliminate back-out parking and improve pedestrian access
(Figures B-2 through 8-6). Note the lack of sidewalks and extremely poor pedestrian
environment that currently exists.
Any of the retrofit options might be considered under this redevelopment plan,
getting the particular parking and access needs of a specific situation. The options
are provided for information only, but special attention should be paid to the
landscape, pedestrian access and parking improvements shown in Figure B-2. Figure
B-6 should only be considered in areas where maximizing parking is the primary
concern.
The following table illustrates the trade-ofts involved in moving from the existing
parking arrangement to each of the possible options.
._.~..,.
RGURE DESCRIPTION NUMBER OF SIDEWALK PAVED
NUMBER SPACES- WIDTH AREA
WIDTH..
B-1 EXISTING BACK-OUT PARKING 18 - 28". NONE 60 FT.
WITH 2-WAY TRAVEL
B-2 45 DEGREE PARKING ON ONE 9 7.5 FT. 35 FT.
SIDE WITH ONE.WAY TRAVEL
AND 5 FT. WIDE PLANTER AREAS
ON EACH SIDE
B.3 90 DEGREE PARKING ON ONE 14 B FT. 44 FT.
SIDE WITH 2.WA Y TRAVEL
B-4 45 DEGREE PARKING ON ONE 14 12 FT. 36 FT.
SIDE WITH ONE.WA Y TRAVEL
B.5 PARALLEL PARKING ON BOTH 10 . B FT. 44 FT.
SIDES WITH 2-WAY TRAVEL
B-6 45 DEGREE PARKING ON BOTH 18 NDNE 60 FT.
SIDES WITH ONE.WAY TRAVEL
, "
OVER A 130 FT. STREET CROSS-SECTION.
.. STREET AND PARKING AREA WIDTH ONLY: EXCLUDES SIDEWALKS AND LANDSCAPED AREAS.
... DEPENDING ON ORIENTATION OF SPACES.
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