08/03/1995
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AG.EN',DA'
y-~~~ 95
ITEM #'
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AGENDA
DATE-1-
~,? 95
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, August 3, 1995 - 6:00 P.M. - Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1. Assistant City Manager William C. Baker.
2. Mayor.
3. None.
4. None.
5. a) Report given.
b} Award presented to U-92 Radio.
Letter of Recognition presented to John
Chittenden for apprehending & detaining
strong-armed robbery suspect.
6. Approved as submitted.
7. Nicholas Papadopoulos requested an
opportunity to make a proposal for the
Harborview Center 3rd floor restaurant.
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1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations
a) Update on Chamber of Commerce
Activity
b) Annual Parks & Recreation Appreciation
Award
6. Approval of Minutes - Regular Meeting
7/20/95 & Special Meetings 7/17/95
(attorney/client), 7/26/95 (Beach Issues)
7. Citizens to be henrd re items not on the
Agenda (maximum of 30 minutes)
PUBLlCREARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case. Witness may be cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (1 0 minutes)~
Public comment (3 minutes per speaker).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutesl.
Decision.
8. Public Hearing & First Reading Ord. #5873-
95 - CG Zoning for property located at
1969 Sunset Point Rd., Pinellas Groves
Sub., SW 1/4, part of Lots 1 & 2 (Sauder,
Z95-03)
9. Public Hearing & First Reading Ord. #5874-
95 - CPO Zoning for property located at
705,707.709 & 711 Jasmine Way,
Magnolia Park, Blk 31, Lots 2-5
(Smolensky and Kornreich, Z95-04)
8/3/95
8. Approved. Ord. #5873-95 passed 1 st
reading.
9. Approved. Ord. #5874-95 passed 1 st
reading.
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10. Variance(s) to Sign Regulations for property
located at 25749 US19N, Cypress Point
Shopping Centert Lot 3 (Home Savings of
America, SV93-68)
10. Approved 37 sq.ft. a~ea variance to allow
attached signs with a total area of 163
sq. ft.
Administrative public hearings:
Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker).
w Commission questions.
I Final rebuttal by applicant or representative (5 minutes).
Commission disposition
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11 . Public Hearing & First Reading Ords.
#5870w95, #6871-95 & #5872-95-
Annexation, Land Use Plan Amendment to
Residential Urban & RS-8 Zoning for
property located at 109 Meadow lark Lane
8, Bayview City Sub., Blk 2, Lots 1 & 2 and
abutting alley to South (Kadlec, A95-14,
LUP95-1 6)
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1 2. Public Hearing & First Reading Ords.
#5875-95, #5876-95 & #5877-95-
Annexation, Land Use Plan Amendment to
Residential Low & RS-8 Zoning for property
located at 1531 Stevenson Dr.,
Stevenson's Heights Sub., Blk B, Lot 7
(Booth, A95-15, LUP95-17) To be Cant.
13. Public Hearing & First Reading Ords.
#5878-95, #5879w95 & #5880-95-
Annexation, Land Use Plan Amendment to
Residential Low & RS-6 Zoning for property
located at 412 Oakmount Rd., Oakmount
Sub., Lot 2 and abutting r-o-w (Clark, Jr.
and Warren, AS5-17, LUP95-19)
"14. Public Hearing & First Reading Ords.
#5881-95, #5882-95 & #5883-95-
Annexation, Land Use Plan Amendment to
Residential Low & RS~6 Zoning for property
located at 1236 Kapok Circle, Kapok
Forest, Lot 14 {Sario and Hassell, A95-18,
LUP95-201
8/3/95
11. Approved. Ords. #5870-95, #5871-95 &
#5872-95 passed 1 st reading.
12. Continued.
13. Approved. Ords. #5878-95, #5879-95 &
#5880-95 passed 1 st reading.
14. Approved. Ords. #5881-95, #5882-95 &
#5883-95 passed 1 st reading.
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15. PUblic Hearing & First Reading Ords.
#5884-95. #5885-95 & #5886-95-
Annexation, land Use Plan Amendment to
Residential Low & RS-4 Zoning for property
located at 1238 Brookside Dr., Meadow
Creek Sub.. Blk C, lot 10 (Coulter, A95-19,
LUP95-21 )
1 6. Public Hearing & First Reading Ords.
#5749-95 & 5750-95 - Comprehensive Plan
& lOCA's re PPC Consistency Program
15. Approved. Ords. #5884-95, #5885-95 &
#5886-95 passed 1 st reading.
16. Approved. Ords. #5749-95 & #5750-95
passed 1st reading.
Public Hearing. Second Reading Ordinances
17. Ord. #5832-95 - Annexation for property 17. Ord. #5832-95 adopted.
located at 2965 Sunset Point Rd.. Sec. 5-
29-16, M&B 14.17, 1.02 acres m.o.l.
(McMullen, A9S-0?)
18. Ord. #5833-95 - Land Use Plan Amendment 18. Ord. #5833-95 adopted.
to Residential Low for property located at
2965 Sunset Point Rd., Sec. 5-29-16, M&B I
I.
14.17, 1.02 acres m.o.!. (McMullen,
LUP95-08)
19. Ord. #5834-95 - RS-6 Zoning for property 19. Ord. #5834-95 adopted.
located at 2965 Sunset Point Rd., Sec. 5-
29-16, M&B 14.17, 1.02 acres m.o.l.
(McMuUen, A95-07) ~
20. Ord. #5841-95 - Amending Ch. 29, relating 20. Ord. #5841-95 adopted.
to occupational licenses (re tax structure l
and appendix A, Fees,' Rates & Chargesl ~
21. NOT PUBLIC HEARING - Res. #95-52- 21. Res. #95-52 adopted. I
dissolving the Occupational License Equity
Study Commission I
22. Ord. #5860-95 - Amending Div. 18 of Ch. 22. Ord. #5860-95 adopted. I
40 ~ providing for revised requirements for j
the North Greenwood Commercial District; ,
,
Amending Sec. 41.053 to address
conditional use supplementary standards for
2 conditional uses in the district
23. Ord. #5861-95 - Annexation for property 23. Continued to 8/17/95.
located at 1528 Stevensons Dr.,
Stevenson's Heights, Blk A, Lot 20 (Rowe,
A95-12) To be Cont. to 8/17/95
24. Ord. #5862-959 Land Use Plan Amendment 24. Continued to 8/17/95.
to Residential Low for property located at
1528 Stevensons Dr., Stevenson's Heights,
Blk A, Lot 20 (Rowe, LUP95.14) To be
Cont. to 8/17/95
8/3/95 3
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25. Ord. #5863-95 - RS-8 Zoning for property
located at 1528 Stevensons Dr.,
Stevenson's Heights, Blk A, Lot 20 (Rowe,
A95-12) To be Cant. to 8/17/95
26. Ord. #5864-95 - Annexation for property
located at 1317 Woodbine St., Pine Ridge
Sub., Blk C, Lot 5 (New Zion Missionary
Baptist Church, A95-13)
27. Ord. #5865-95 - Land Use Plan Amendment
to Residential Low for property located at
1317 Woodbine St., Pine Ridge Sub., Blk C,
Lot 5 (New Zion Missionary Baptist Church,
LUP95-15)
28. Ord. #5866-95 - RS-8 Zoning for property
located at 1317 Woodbine St., Pine Ridge
Sub., Blk C, Lot 5 (New Zion Missionary
Baptist Church, A95-13)
29. Ord. #5868-95 - restricting the practice of
"cruising" or unnecessary repetitive driving
30. - Special Items of widespread public interest - None.
25. Continued to 8/17/95.
26. Ord. 115864-95 adopted.
27. Ord. #5865-95 adopted.
28. Ord. #5866-95 adopted.
29. Ord. #5868-95 adopted.
31.
Citizens to be heard re items not on the Agenda
Kaz Rolewski expressed concern that loss of tourism has resulted in foreclosures on beach motel
properties.
Ken Rosenow thanked the Commission for holding beach related meetings and complimented the new
City video. He said Northwest Airlines will cooperate to increase tourism to small beach hotels.
Marvsia Coates expressed concern regarding lack of signage designating Clearwater on highways from
Orlando and Miami. .
Georaette Gillis said the local motel market is depressed. She expressed concern that the European
market is not familiar with Clearwater.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #32-44) - Approved as submitted.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
32. Contract for development of & training on interactive, multimedia software for use in a City
Information Kiosk to Silver Image, Inc., Clearwater, FL, for $36,000; authorize related
expenditures of $8,100 for computer hardware & cabinet, for a total of $44,100 (1M)
. 33. Construct parking lot on Pinellas County School Board property, behind the North Greenwood
Library, at Holt & Palmetto, for joint use by the library branch and school, for $60,000 (LIB)
8/3/95
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34. Second Amendment to License Agreement with GTE Mobilnet to allow 2 additional antennas to
be installed on elevated water tank of Delara Park, an additional cabinet & equipment adjacent
to existing GTE building, and an increase in annual rental fees lPW) ,
35. Intarloesl Agreement with SWFWMD for construction of a retrofit stormwater treatment area at
Clearwater Mall (EN)
36. Easement & Maintenance Agreement with Holland Westshore, Inc. for construction of a retrofit
stormwater treatment area at Clearwater Mati (EN)
37. Interlocal Agreement with SWFWMD for construction of an Aliens Creek experimental water
quality treatment demonstration project at Clearwater High School; approve city related
expenditures of $ 150,000 (EN)
38. Contract for consultant services to Parsons Engineerinn Science, Inc., Tampa, FL, to develop a
comprehensive watershed management plan for the Alligator Creek watershed, tor $496,964
(EN)
39. Contract for 1995 Misc. Construction Projects to Keystone Excavators, Inc., Oldsmar, FL, for
$393,400 (EN)
40. Approve request by Wests hare Alliance, Inc. for temporary closing of SR60 for 3rd annual
"Causeway Commuter Classic" to be held 11/12/95 on the Courtney Campbell Causeway (CM)
41. Approve request by Chamber of Commerce for closure of two access routes on & off SR60 for
the Morton Plant Hospital Bayside Bridge Boogie to be held 10/14/95 (CM)
42. Approve extension of Sunsets at Pier 60 on an ongoing basis (CLKl
43. 15' Drainage & Utility Easement - Highland Estates of Clearwater, 1 st Addition, Blk F, part of Lot
1 (Maxwell) (CA)
44. 10' Water Main Easement and ingress/egress easement - part of Sec. 6-29-16 and part of Lot
1, 1 -29-15, Pinellas Groves Sub. (R.K.M. Development Corp.) (CA)
OTHER ITEMS ON CITY MANAGER REPORT
45. Approve leasing 2,500 sq.ft. of Harborview
Center ground floor to Pickles Plus Too,
Inc., for establishment of a restaurant,
consisting of a 5 year initial term with 3
additional 5 year option terms; authorize an
expenditure of $100,000 (reimbursable) for
completion of the restaurant, funded by a
$100,000 loan fram the Harborview Center
Fund (CM)
46. Direction regarding 3rd floor Restaurant at
,Harborview Center (CM)
47. First Reading Ord. #5887-95 - approving
new gas utility rates with Phase I to
become effective for all billings rendered on
or after 1011/95, and Phase II to become
effective for all billings rendered on or after
1011/96; approve Commission policy
changes re Gas System's Utility Support &
lnterfund Administrative Charge
contributions to the City's General Fund
(GAS)
8/3/95
45. Approved.
46. Rescinded 7/20/95 action. Direction given
to staff to continue negotiations.
47. Ord. #5887-95 passed 1 st reading.
Approved policy changes.
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48. Res. #95-62 - authorizing City Manager or 48. Approved. Res. #95~62 adopted.
designee to establish and adjust library fines
and fees (liB)
49. Res. #95-63 - authorizing City to enter into 49. Approved. Res. #95.63 adopted.
a Urban and Community Forestry Grant
Memorandum of Agreement with Fl Dept.
of Agriculture & Consumer Services;
approve city matching funds of $18,400
(EN)
50. Beautification Committee - 1 appointment 50. Appointed Pamela Fleming.
(eLK)
51. Library Board - 1 appointment (elK) 51, Appointed David Waddell.
52. Other Pending Matters 52. None.
CITY ATTORNEY REPORTS
53. First Reading Ordinances 53. a) Ord. #5869-95 passed 1 st reading.
a) Ord. #5869-95 - Amending Sec. 2.60(3),
relating to term of members of the
Environmental Advisory Board l
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b) Ord. #5888-95 - Relating to the b) Ord. #5888-95 passed 1st reading. \
Community Redevelopment Agency;
providing for repeal of Ords. #2576-81 &
#3021-83, which adopted and amended the ~
redevelopment plan for downtown ~
Clearwater; providing for proper notice (j
f
54. Resolutions 54. a) Res. #95-64 adopted.
a} Res. #95-64 - urging Time Warner to
divest itself from its commercial
entanglements with those" Artists" who are
recording violent and vulgar lyrics
55. Other City Attorney Items 55. None.
56. City Manager Verbal Reports
56. The Mayor and Commissioner Johnson will
attend the Florida League of Cities meeting
in Orlando, 8/17-19/95. Mayor Garvey was
designated as the City's voting delegate.
The majority of the Commission spoke
against adjusting Commission salaries.
The 8/2/95 budget worksession, canceled
due to inclement weather, was rescheduled
as an extension until 5:30 p.m. of the
8/9/95 budget worksession.
8/3/95
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57. Other Commission Action
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Ms. Deptula and the Commission thanked
City employees who worked through the
night during the storm.
57. Berfield referred to a memorandum
regarding the tourist tax. Staff is
investigating why rules regarding the
distribution of these funds may differ from
county to county.
Thomas questioned progress on the City's
formal request for Capital Improveme,nt'
funds from the tourism council. The City
Manager indicated the request would be
presented for Commission approval during
September's first meeting.
.1
58. 8:19 p.m.
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TO:
Mayor Garvey
FROM:
Sally Thomas, Agenda Clerk
SUBJECT: . Invocation
COPIES:
Cynthia Goudeau. City Clerk
DATE:
August 3. 1995
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C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
No minister will be present this evening.
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TO:
Mayor Rita Garvey
Betty J. Blunt, Confidential Clerk Receptionist
city commissioners, Betty Deptula, Cyndie Goudeau
FROM:
COPIES:
SUDJECT: Presentation at the August 3, 1995 city commission
Meeting
DATE:
August 3, 1995
The following presentation will be made at the August 3, 1995 city
commission meeting.
SERVICE AWARDS
NONE
PRESENTATION
sid Klein will present a letter of recognition to John chittenden
(saw a strong-armed robbery in progress in downtown Clearwater and
. chased down and detained the suspect)
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CITY OF CLEARWATER
Interdepartmental Correspondence Memo
TO:
Betty Blunt, City Hall Clerk
Sid Klein, Chief of Police ~
Betty Deptula; Lt. Repp; Sgt. Andrews; Officer McGarry
FROM:
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COPIES:
SUBJECT: Presentation
DATE: July 10, 19995
I will be making a brief presentation at the beginning of the August 3 City Commission
Meeting, as Wayne Shelor discussed with Cyndie Goudeau.
A citizen - John Chittenden - saw a strong-armed robbery in progress in downtown
Clearwater and chased down and detained the suspect, who had assaulted a visitor to
Clearwater in the presence of her child. The suspect, who admitted he had smoked "crack"
cocaine just before committing the crime, then stole the visitor's purse.
I will present to Mr. Chittenden a Letter of Recognition.
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AGEN~DA
7--:3- . 95
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ITEM #-1
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MEETING DATE (;-:?; - 9.0-
Persons wishing to speak before the Conlmission at the beginning of 7
the nleeting under" Citizens to be Heard regarding Items not on the=ff
Agenda" must pre-register with the City Clerk Department prior to
6:00 p.nl. on the day of the rneeting. A maximum of ten people (3
n,inutes per person) will be heard at this time in the order in which
they register. Those persons wishing to pre-register PLEASE PRINT
your name and address below:
. J.At.holA$ NAME
.'fo.p..oDp."/~ .I)t~
ADDRESS
:2. 'I:! ( Ii; /J#AIc:f1,PFr Ct.. f."
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2.
3.
4.
5. I
. I
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6. !
7.
8.
9.
10.
Persons who are not pre-registered and wisb to speak before the Commission
may do so after the public hearings. '
-
Gr3
CleaIWatcr City Commission
Agenda Cover Memorandum
??
Item ti
Meeting Oate:
X". 3 '''1'5
SUBJECT:
Application for Zoning Atlas Amendment for 1969 Sunset Point Road; Owner K. D. Sauder Trust & K.
D. Trustee (Z 95-03)
RECOMMENDA TION/MOTION:
Approve Application for Zoning Atlas Amendment to General Commercial (CG) for part of Lots 1 & 2,
Pinellas Groves Subdivision, SW 1/4, and pass Ordinance No. 5873-95, on first reading.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The property is located approximately 350 feet west of North Hercules Avenue. The applicants are
currently operating a beauty shop. They wish to obtain a zoning change for the property in order to
operate a beauty school. Their property is presently zoned Neighborhood Commercial. A beauty school
is not al10wed in Neighborhood Commercial zoning district, but it is a permitted use in the General
Commercial District. It is proposed to rezone the subject property Commercial General. The Future Land
Use Plan Classification of Commercial General would not be changed.
The property along Sunset Point Road west of North Hercules Avenue has a mix of land use categories:
Commercial General, Limited Office, Institutional, Residential Low, and Limited Industrial. Sunset Point
Road is classified as a major County Collector Road. The road is being improved to a four lane collector.
The Neighborhood Commercial District is a more restrictive zoning district. The existing zoning fails to
provide for either the expansion of the existing uses or likely future uses of the property. The proposed
General Commercial zoning district can be used to provide the range of uses necessary for this
nonresidential area to thrive. The subject property is divided by a substantial street right-of-way of
approximately 100 feet wide and will provide zoning protection to adjacent low density residential uses
on the northwest of the property. Staff will recommend a City initiated rezoning of the other
Neighborhood Commercial (eN) on this corner.
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed Zoning Atlas Amendment to General Commercial (CG) to the
City Commission.
levt eued by:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
~A
N~9:--l-'L..
S N/A
Total
Coaaission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dept:
S
Current fiscal Yr.
,~r.u
Advertised:
Dote: 7/8/95
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Parties
~ Notified
o Not Requl red
Flrding Source:
o Capitol I~.
o Operating
o Other
A ttod1lllCOts:
ORDINANCE NO. 5873-95
lOCATION HAP
~i tted by:
~Pu
evf{HanZr
o None
Appropriation code:
~ Printed on recycled paper
"<;lV"
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Z 95-03
Page 2
A comparison of permitted and conditional uses in this area and other pertinent information concerning
the request are summarized in the tables below and on pages 3 and 4.
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANTS' AND SURROUNDING PROPERTIES
LOCA TION CITY ' FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject City Commercial General eN Beauty Shop
Property
North City Institutional P/SP Nursing Home
South City Limited Industrial IL Prefabricated buildings
East City Commercial General CN Gasoline Station
West County Commercial General CG Gulf Rent-A-Car
OTHER AGENCY REVIEW
AGENCY YES
NO
Pinellas Planning Council/Countywide Planning X
Authority
Florida Department of Community Affairs X
ABBREVIATIONS:
IL Limited Industrial (City)
CG General Commercial (City/County)
CN Neighborhood Commercial (City)
P/SP Public/Semi-Public (City)
-
Z 95~03
Page 3
PERMITTED AND CONDITIONAL USE COMPARISON BY ZONING DISTRICT
PERMITTED USES
eN IL CG
Indoor retail sales Indoor retail sales Indoor retail sales
Personal services Business services Personal services
Restaurants Restaurants Restaurants
Business/professional offices Business/professional offices Business/professional offices
Funeral homes Indoor storage and/or Accessory dwellings
warehousing
Accessory dwellings Accessory dwellings Nonprofit social or
community services
Nonprofit social or Nonprofit social or community Medical clinics/laboratories
community services services
Multiple-family dwellings Manufacturing Indoor commercial
recreation/entertainment
Townhouses Research and development Gasoline stations
Three-family dwellings Wholesaling/distributing Commercial or trade schools
Two~family dwellings Public works projects and Hotels/motels
utility substations/facilities
Detached single-family Utility facilities Remote switching stations
dwellings
Family care Accessory uses, including
certain alcoholic beverage
sales uses
Remote switching stations Interval ownership and
timeshare dwellings
Accessory uses, including Accessory uses, including Art galleries/studios
certain alcoholic beverage certain alcoholic beverage
sales uses sales uses
Business services
CONDITIONAL USES
eN IL CG
Business services Vehicle service Indoor storage and/or
warehousing
Restaurants serving alcoholic Restaurants serving alcoholic Restaurants serving alcoholic
beverages located within 200 beverages located within 200 beverages located within 200
ft. of a church or school or ft. of a church or a school or feet of a church or a school
with outdoor seating where with outdoor seating where or with outdoor seating
the service area is located the service area is located where the service area is
within 200 ft. of a residential within 200 ft. of a residential located within 200 feet of a
zone zone residential zone
Package alcoholic beverage Package alcoholic beverage Package alcoholic beverage
sales (package sales) sales (package sales) sales (package sales)
Level I group care Outdoor retail sales, displays Transportation stations
and/or storage
Levell! group care Nightclubs, taverns and bars Wholesaling/distributing
Level III group care Residential shelters Marina facilities
.'
Congregate care Noncommercial parking Veterinary offices
Child day care Child day care Residential shelters
Veterinary offices Noncommercial parking
Residential shelters Utility fa9i1ities
Noncommercial parking Outdoor retail sales, displays'
. and/or storage
Utility facilities Vehicle service
.,.
Outdoor commercial
recreation/entertainment
Nightclubs, taverns and bars
Animal grooming and/or
boarding facilities
Blood plasma centers
ABBREVIA TIONS:
CN Neighborhood Commercial
IL Limited Industrial
CG General Commercial
z9503.cc
"
ORDINANCE NO. 5873-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED WEST OF NORTH HERCULES AVENUE
AND NORTH OF CALUMET STREET. CONSISTING OF PART OF LOTS
1 AND 2. PINELLAS GROVES SUBDIVISION. SW 1/4. WHOSE POST
OFFICE ADDRESS IS 1969 SUNSET' POINT ROAD. FROM
NEIGHBORHOOD COMMERCIAL TO GENERAL COMMERCIAL: PROVIDING
AN EFFECTIVE DATE.
WHEREAS. the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable. proper and appropriate. and is consistent
with the City's Comprehensive Plan: 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 Oity is amended as follows:
.1
Property
Zoninq District
From: Neighborhood Commercial
To: General Commercial
Section 2. The Central Permitting Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
See Exhibit A attached.
(295.03)
Section 3. This ordinance shall take effect immediately upon adoption.
(PUT IN COUNTY INFORMATION IF NEEDED)
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and legal
SUf~l~~C1+n
Pallfe a K. A 1"
City Attorney
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
" ,
LEGAL DESCRIPTION
"
A portion of Lot One (1) and Lot Two (2) of Pinell as Groves
Subdivision, being in the Southwest Quarter (SW/4) of Section One
(1). Township Twenty-nine (29) South, Range Fifteen (15) East. as
recorded in Plat Book 3, Page IS, of the pUblic records of Pinellas
County, Florida: and being more particularly described as folJows:
Commence at the Northeast corner of the Northeast Quarter (NE/4) of
the Southwest quarter (SW/4) of said Section One (1): thence South
00017'47" East along the North-South center line of said Section.
a 1 so bei ng the center 1 i ne of Hercul es Avenue. for 270.00 feet:
thence North 89006'54" West. 'for 50.00 feet to the West right-of-way
1 i ne of Hercul es Avenue: thence conti nue North 89006' 54" West for
287.56 feet for Poi nt of 8egi nni ng: thence conti nue North 89006' 54"
West for 337.54 feet: thence North 00015' 08" West for 220.00 feet to
a point on the South right-of-way of. Sunset Road: thence South
89006'54" East along said right-of.way for 337.41 feet; thence South
00016'32" East. for 220.00 feet to the Point of 8eginning. .
EXHIBIT A
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PROPERTY DESCRIPTION
ZONING PAR\ LoTS I '<-I 7..}
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PLANHING /) n d ZONING SOARD C1T Y t;0~M1SSI0H
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Clearwater City Commission
Agenda Cover Memorandum '
Item 1/
Heet ing Date:
CfY
9
??,,3.Q5
SUBJECT:
Application for Zoning Atlas Amendment for 705, 707, 709 & 711 Jasmine Way; Owner: Rhoda S.
Smolensky & Rosemary S. Kornreich/Patrick J. Shaughnessy
(Z 95-04)
RECOMMENDA TI0N/MOTI0N:
Approve Application for Zoning Atlas Amendment to Commercial Planned Development (CPO) for Lots
2, 3, 4, & 5, Block 31, Magnolia Park and pass Ordinance No. 5874-95 on first reading.
[] and that the appropriate officials be authorized to execute some.
BACKGROUND:
The subject property is located approximately 150 feet north of Magnolia Drive. The applicants have
recently bought four lots which are located on the southwest corner of South Myrtle Avenue and
Jasmine Way. The south side of these properties abuts an approved Adult Congregate Living (ACLF)
facility which is owned by Mr. Shaughnessy who is purchasing the subject property. The property has
a Future land Use Plan Classification of Commercial General. Th~ applicants propose to modify their
certified site plan (Magnolia Manor-PSP 94- 14) in order to incorporate these lots under a single site plan.
A new parking configuration is also proposed to the north while the existing parking area located on the
southwest (per previous site plan) will be changed to open space. No expansion of the existing ACLF .
facility is proposed by the applicants at this time.
The applicants also wish to obtain a zoning change for these properties in order to bring the total
development under one zoning district. Their property to the south is presently zoned Commercial
Planned Development. The four lots are presently zoned Neighborhood Commercial. It is proposed to
rezone them Commercial Planned Development similar to the existing use. The Future Land Use Plan
Classification of Commercial General would not be changed.
The permitted and conditional uses for this Planned Development are those uses permitted in a
Neighborhood Commercial District (Sec.40.323) plus Congregate Care Facilities and Level 1, and 2
Group Care Facilities. It is proposed to have the same permitted and conditional uses for the subject
property .
Revf eyed by:
legal
Budget
Purchasing
Risk Hgmt.
CIS
10tH
Otker
N/10
iliA
N/"
N/"
!!r^ ~/'':--
NIA
S N/A
, Total
Comqission Action:
o Approved
o Approved w/condltlons
o Denied
o Continued to:
User Dept:
$
Current Fiscal Yr.
Advertf lied:
Dote: 7/8/95
Paper: TAHPA TRIBUNE
o \lot Requli'ed
Affected Parties
. 1m \lotff I eel
o \lot Requl red
FlRiing Source:
D Capl tal Irrp.
o Operating
o Other
Attachlaents:
ORDINANCE NO. 5874-95
LOCA Tl ON HAP
o None
Appropriotion Code:
o PrInted on recycled poper
:a-.
"':'""oIP.~. -<.'
".. ~.
Z 95-04
Page 2
A Declaration of Unity of Title will be required.
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed Zoning Atlas Amendment to Commercial Planned Development
(CPO) to the City Commission. .
Pertinent information concerning the request is summarized in the table(s) below and on page 3.
EXISTING ZONING AND FUTURE LAND USE OF
APPLlCANTS1 AND SURROUNDING PROPERTIES
LOCATION CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject City Commercial General CN Vacant building
Property
North City Limited Office OL Offices
South City Commercial General CPO ACLF (operated by the applicants)
East City Institutional P/SP Church, St. Cecelia
West City Industrial Limited IL Warehouse, Morton Plant
ABBREVIA TIONS:
IL
CG
eN
PIS?
CPO
OL
u.p.a.
Limited Industrial (City)
General Commercial (City)
Neighborhood Commercial (City)
Public/Semi-Public (City)
Commercial Planned Development
Limited Office
Residential units per acre
""'-' ~;"~"" , . > .'
'!'i:~/
Z 95-04
Page 3
ZONING RESTRICTIONS
(ZONING RESTRICTIONS FOR PLANNED DEVelOPMENT DISTRICTS ARE AS SET ON SITE PLAN)
DESCRIPTION CN CG EXISTING
REQUIREMENTS (Combined Parcels)
REQUIREMEN I ~
Density 14 d.u.p.a. max. 16 d.u.p.a. max. 48 d.u.p.a. max.
Lot Area 10,000 sq. ft. min. N/A 59,400 sq. ft.
Lot Width 100 ft. min. N/A 220 ft.
Depth 100 ft. min. N/A 270 ft.
Floor Area Ratio 0.3 max. 0.55 max. 0.26
Building 30 % max. N/A 26 %
Coverage
Open Sp'ace
Lot 30 % N/A 36 %
Front Yard 55 % N/A 55 %
Impermeable lot N/A 0.85 % max. 64 %
coverage
OTHER AGENCY REVIEW
AGENCY YES NO
Pinellas Planning Council/Countywide Planning Authority X
Florida Department of Community Affairs X
z9504.cc
~9
ORDINANcE NO. 5874~95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED NORTH OF MAGNOLIA DRIVE.
CONSISTING OF LOTS 2. 3. 4 AND 5. BLOCK 31. MAGNOLIA
PARK. WHOSE POST OFFICE ADDRESS IS 705. 707. 709. AND
711 JASMINE WAY. FROM NEIGHBORHOOD COMMERCIAL TO
COMMERCIAL PLANNED DEVELOPMENT: PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable. proper and appropriate. and is consistent
with the City's Comprehensive Plan: and .
WHEREAS. the City Commission has determined that it is in the public
interest that a Commercial Planned Development zoning designation is appropriate
for the subject property even though the property contains a lesser area than
~our acres: 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
Lots 2. 3. 4 & 5. Block 31. Magnolia Park.
according to the map or plat thereof as
recorded i~ Plat Book 1. Page 70. public
records of Pinellas County, Florida.
(Z95-04)
Zoninq District
From: Neighborhood Commercial
To: Commercial Planned
Development
I
I
I
I
Section 2. The Central Permitting Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
~
Rita Garvey
Mayor-Commissioner
Approved as to form and legal
SUffiCi~C~~
pam~K. A , . City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
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G~ Cl
Clearwater City Commission
Agenda Cover Memorandum
10
It em 'II
Meeting Date:
-
~ . 3. '1 5
SUBJECT:
Variance to the Sign Regulations; 25749 U.S. 19 N.; Home Savings of America/Savings of America
(Owner/Applicant); R. Davis (Representative).
(SV 93-68)
..
,'.
".
RECOMMEN DA TION/MOTION:
Deny a height variance of 22 feet from the permitted 20 feet to allow a freestanding sign 42 feet high,
on property identified as Lot 3, Cypress Point Shopping Center plat, for failure to meet Sec. 45.24
Standards for Approval, items (1 )-(4).
Approve an area variance of 37 square feet from the permitted 126 square feet to allow attached signs
with a total area of 163 square feet, on property identified as Lot 3, Cypress Point Shopping Center plat,
for meeting Sec. 45.24 Standards for Approval, items (1 )-(4).
[) and that the appropriate officials be authorized to execute same.
BACKGROUND:
The applicant is requesting the following variances: (1) a height variance of 22 feet from the permitted
20 feet to allow the bank a freestanding sign 42 feet high, and (2) an area variance of 37 square feet
from the permitted 126 square feet to allow the bank attached signs with a total area of 163 square
feet.
The subject property is located on the east side of U.S. 19, south of Enterprise Rd., and is in the
Commercial Center zoning district. The variance is requested to permit the existing freestanding and
attached signs to remain. Pertinent summary information is listed in the following table.
Revl ewed by: originating Dcpt: Costs: S MIA commission Action:
Legal HI", CENTRAL PERHJTTIN:JJ~~jt)t b Total 0 Approved
Budget N/" 0 Approved w/conditlons
purchos i ng N/A ... ~.:n J s
Risk Hgmt. NIA / . ~ Current Fiscal Yr. 0 Denied
CIS ~ User Dcpt: 0 continued to:
ACM F~ing Source:
CRT 0 Capital I"".
Ad\iertised: 0 Operating AttDcMlents:
Date: 0 Other APPLICATION
I r,\ Paper: To""o Tribune VARIANCE ~RKSHEET
0 Not Requi red HAPS
~itted by: Affected Parties 0 None
~L2w ~ Not Hied Appropriation Code:
Cf tv nog7' 0 Not Requi red
~ Prfnted.on recycled paper
SV 93-68
Page 2
I Freestanding Sign I Attached signs I
Information Existing Permitted Existing Permitted
Type of sign Freestanding Yes Attached Yes
sign signs
Location/orientation of sign U.S. 19 Yes U.S. 19 Yes
Area 128 sq. ft. 150 sq. ft. 163 sq. ft. 126 sq. ft.
Setback 45 ft. 5 ft. Not applicable Not applicable
Height 42 ft. 20 ft. Not applicable Not applicable
Staff Comments/Proposed Conditions:
Savings of America has nonconforming freestanding and attached signs.
The freestanding sign. The height of the bank's freestanding sign is more than double the code
allowance. The maximum height is 20 feet. This sign is 42 feet high. According to the
application, the additional height is necessary tor the sign to remain visible over the treetops. This
condition can be overcome however. The sign is presently situated 45 feet from the front
property line. The code establishes a ffve foot setback from this line. The sign could be located
40 feet nearer to this line, which would cause the sign to be 40 feet closer to U.S. 19. There is
a 40 toot wide right of way easement adjacent to U.S. 19, but there is no prohibition against
placing a sign in the easement. Relocation of the sign 40 feet closer to U.S. 19 would alleviate
visibility problems caused by the trees and facilitate compliance with the 20 foot height limit.
The attached signs. This bank has four attached signs. There are two 66 square foot signs
located near the rootline, a 7 square foot canopy sign over the automatic teller machine, and a 24
square foot logo on the wall. Together, the area of these signs is 163 square feet. This is 37
square feet more than the code allows, or a 29 percent overage.
There are special conditions that support granting the area variance for the attached signs. The
impact of the requested variance will be minimal. The signs are oriented in different directions
and are a considerable distance from the public right of way. Two of the signs are on the west
face of the building and are approximately 90 feet from the right of way. The other two signs are
on the north face of the building and are approximately 140 teet from the right of way. The signs
on the north face of the building cannot be viewed by northbound traffic on U.S. 19, and all signs
are obscured to varying degrees by the numerous trees on and near this property.
SV 93~68
Page 3
I - SURROUNDING LAND USES I
( Direction II Existing land Uses I
North Shopping center
South Vehicle service
East Shopping center
West Shopping center
The 42 foot high freestanding sign is not in character with other signs permitted in this zone and
diverts attention from other uses on this highway. Granting the requested height variance will
detract from properties that have conforming signs and will adversely affect the appearance of the
City. However, given the restricted visibility of the attached signs, 163 square feet of attached
sign area will not detract from other properties or adversely affect the appearance of the City.
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 for a height variance does not meet 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.
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SV 93-68
Page 4
RelQvant Previous Decisions bY the Commission:
FREESTANDING SIGN HEIGHT
.
CASE # ADDRESS NAME VARIANCES MEETING
REQUESTEDI ACTION DATE
SV 92-87 20865 U.S. 19 Public Storage 15.1 ft. add'l to allow 3/25/93
35.1 ft./Approved
SV 92-05 20162 U.S. 19 Suncoast Inn 1 ft. add'l to allow 25 5/7/92
ft./Denied
SV 93-18 1 800 Gulf to Bay Young's BBa 5.33 ft. add'l to allow 11/9/93
25.33 ft./Denied
SV 93-34 19400 U.S. 19 Kenyon Dodge 1 6.75 ft. add'l to allow 1/24/94
36.75 ft./Denied
SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'l to allow 20 1/24/94
ft. I Approved
SV 93-41 25778 U.S. 19 Forbidden City 12ft. add'l to allow 32 2/7/94
ft./Denied
SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'l to allow 28 3/21/94
ft./Denied
SV 93-13 1450 Gulf to Bay Bay Area Neuro 7 ft. add'l to allow 27 6/1 6/94
Muscular ft./ Approved
SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'l to allow 8/4/94
Condominium 9.5 ft./Denied
2.5 ft. add'l to allow
8.5 ft./Approved
SV 94-16 1861 N. Highland Sunset Square 5 ft. add'l to allow 25 9/1 5/94
Shopping Center ft./Denied
2 ft. add'l to allow 22
ft./Aporoved
SV 94-33 20 Island Way Jesse's Flagship 1 ft. add'l to allow 21 10/6/94
Restaurant ft./Approved
SV 94-36 221 8 Gulf to Bay Mr. Submarine / 7 ft. add'l to allow 27 1 1/3/94
Mr. Gyros ft./Denied
SV 94-06 701 N. Hercules Clearwater 2.5 ft. add'l to allow 11 /1 7/94
Professional 10.5 ft./Denied
Center
SV 95-01 1835 N. Highland Shanghai 4.3 ft. add'l to allow 1/19/95
Express 14.3 ft./Denied
SV 95-17 2495 Gulf to Bay Builder's Square 5 ft. add'l to allow 25 5/4/95
ft./Denied
SV 95-27 3060-30BO Imperial Pines 1.7 ft. add' I to allow 6/15/95
Eastland Blvd. Condominium 7.7 ft./Approved
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SV 93~68
Page 5
A IT ACHED SIGN AREA
CASE # ADDRESS NAME VARIANCES MEETING .
REQUESTED! ACTION DATE
SV 92-19 27001 U.S. 19 J.e. Penney 329 sq. ft./Denied 10/15/92
Co.
SV 92-42 714 Cleveland St. Trickel 70 sq. ft./Approved 2/9/93
Jewelers
SV 93-73 2200 Gulf to Bay Goodyear 136 sq. ft./Denied 11/9/93
Auto
SV 93-37 20505 U.S. 19 Burdines 185/185 SQ. ft./Denied 1 /24/94
SV 93~96 1499 Gulf to Bay Barnett 43.5/49.5 sq. ft./Approved 1/24/94
Bank
SV 93-32 20505 U.S. 19 Poston's 194 sq. ft./Approved 2/7/94
SV 93-49 1420 S. Missouri Good 22.6 sq. ft./ Approved 217/94
Rentals
SV 93-106 704 Court St. Workbench 7.9 SQ. ft./Approved 3/21/94
SV 93~39 20505 U.S. 19 Dillard's 21.26 sq. ft./Approved 4/19/94
SV 92-90 423 East Shore Olympia 51.6 sq. ft./Denied 4/27/94
Motel
SV 93~65 24791 & 24826 Ken Marks 128 sq. ft./Approved 6/1 6/94
U.S. 19 Ford
SV 94-26 110 Island Way Island 8.8 sq. ft./Approved 8/4/94
Estates
Realty
SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft.1 Approved 11/3/9,4
Italian
Restaurant
SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3116/95
Towers
SV 95-20 387 Mandalay Lappert's 4.8 sq. ft./Approved 4/20/95
Ave. Ice Cream
SV 95-17 2495 Gulf to Bay Builder's 102.25 sq. ft./Approved 5/4/95
Square
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VARIANCE WORKSHEET - CASE NUMBER SV 93-68
STAHDAADS fOR VNllAHCE APPROVAL
111 Thara ara lpeelel elreulNtaneu related to the p.rtlcular
phyelo.1 lurroundlngl. Ihap. or topographloel condltlonl
applicable to tha lend Dr building.. IInd luch clrcum.tanc..
ar. peculiar to luoh lend or bulldlngl and do not apply
glneteUy to the lend or bulldlngl In tha applicable zoning
d'-trlct.
121 Tha .trlct applIcation ot tha provlalonl of the coda would
deprive the .ppllcent of tha raalonab!. Ula of the land or
bulldlngl.
131 The vculanclI fa not balld IIllclullvaly upon the dellre for
economlo or other material gain by the applicant or owner.
141 The granting at tho verlanoa will be In hermony wllh the
genaral purpo.. end Inlent of the land dovelopment code and
oOlTlprehenllva plan and will not bo materially InjurlouI to
aurrcundlng propertlel or otherwllll dltrlmental to tha publlo
wI".r..
STAFF RNDINOS
The freutllndlna alan. The height of tho froutondlng l\gn Ie
mora then daub!. tha ooda allowance. Thl mIlxlmum height
II 20 faat. This .Ign .. 42. ...t "lo". Acocrdlng to thl
application. the .ddltlonel height Is nlc..ury tor the lJon to
remeln vlllbla over the'trlltopl. Thl. oondlllon can bl
overoomo howav.r. The Ilgn Is pr..antly .Ituatad 45 feet
from tha .ront property IIno. Tha cod. ell.bllthel II five toot
ntback from thle Iln.. Th. Ilgn could b. locatlld 40 'lIat
nllllrllr tD thle IIno. which would cau.. the Ilgn to b. 40 'ut
cloler to U.S. 19. Thlre" II 40 foot wldll right at way
Ulament adJecllnt to U.S. 19, but tharalt no prohibition
IIgalnlt placIng a Ilgn In tha ....trIIlnt. R.locetlon at tha lJon
40 t..t ololllr to U.S. 10 would alleviate vlllblllty prDb!.ma
oeuud by tha tr"l and faol1ltatll oompllanc. with tha 20
'DOt hlllght limit.
Tho attaohed llanl. Thfa bank hal four attachld Ilgn..
Thare .ra two e6 Iqu.re toot Ilgnl located near the rootllne.
a 7 Iquore foot canopy Ilgn onr the autometlc teller
muhlne. .nd a 24 Iquere 'oot logo on tha wall. Togethar.
the lU.. at th... Ilgnl II 163 Iquaro 'eet. This" 37 Iquara
t.at mora than tha code allows, or a 29 parDlnt onr.lll.
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Thlrll lue Ip.clal condltlonl that IUpport Ilr.ntlng tha area
varlc.noe for tha attached Ilgnl. Th. Impoot of thll r.qunted
Yerlanca will b. minimal. The Ilgnl .rll orlentad In different
dlreotlonl end lire II conl\dareble dt.tencll from the public
rlgh' of way. Two of the Ilgnl ara on the waU taca of tha
bulldlng and ar. approJlfmataly 90 f.ot from .he rlgh. a. way.
Tha othar .wo Ilgnl era on th. north '.ca of the building and
ara approxtmetllly 140 feat from the right a. way. Tha .Ignl
on tho north tllCO of tha building cannot be vlew.d by
nonhbound traffic on U.S. 10, end aU Ilgn. .ra oblcurod to
varyIng dellralll by the numerOUI'reel Dn and naer thll
prop.ny.
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Be~ula thll fr...tandlng Ilgn ~n be relocated whare It
would be vllllb!. with. oonformlng halght. .trlo.enforcemenl
of the halgh'l1mlt eppUoeble to 'rentllndlng Ilgnl would no.
dllprlva thll appl1cant of II realonablo ula. However, bel:llule
.hll re exllt I peclal condltlonl thet IUpport lIIran1lng the araa
varlanoo fDr tha attaohad Ilgnllllle " aboval. .trlct '
enforc.ment a. thllllrea I1mlt eppllcable '0 IIUaohlld Ilgnl
would dllprlve theapplloant Df a rllalonable UIII.
Tha .fllI varlanoe teque.ted for the attached .Ign. appellr. to
11Itllly thl. condition. but the height varlanclI raqulII.ed for
thl fra..tendlng lJon dOIll nD'.
The Ilgn r.gulatlonl were edopted with thll tnlan' of
enhancIng .ha "buat quality of .ha Clty'a Itrllatl IInd
Iandlcape In Drdllr to proteot the v.lue of propertlalend tha
w.II-belng of the Iocal.ourlet orlentlld aconomy. Granting tha
oree varlano. for the IIttlchlld Ilgnl appaar. to bll con,"'ant
with .hl. Int.nt. Granting the heigh. varlanca for thll
traaltandlng .Ign eppeafl to ~ In violation of thfa Intant.
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CENTRAL PERMITTING DEPARTMENT
10 S. MISSOURI AVENUE
CLEARVVA1ER. FL 34816
SIGN VARIANCE APPLICATION
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REPRESENTATlVElS) tit ony) NAME & ADDRESS:
P ~OPERTY OWNER(S} NAM& & ADDRESS:
Home Savings of America
4900 Rivergrade Road
Irwindnle. CA 91706
Roy Davis
Davis Signs
P.O. Box 137
..LArgo. Fl 14649 .
TELEPHONE: (R I R) R 1 Q-7n01
TELEPHONE: (813) 581-9551
ADDRESS OF SUBJECT PROPERTY: 25749 U. S. Highway 19 t Clearwater. Fl 34623
NAME OF BUSINESS (IF APPI.ICABLE): Savior!': of Amprl ('~
;ZONING DISTRICT:
cc.
LAND USE CLASS1J:ICATION:
Cq.'
LAND AREA: I t ~ ^c:.RE.5
LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached legal descripton
PARCEL NUMBER: I I I I / . (This Information is
,",sHabln from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel
umber, attach 8~ x 11 inch sheet)
DESCRibE SURROUNDING USES OF PROPERTY:
Nonh: Comrnf'rdal jPrl?pe~ty
South: Commercial Property
East: ComrnpT'(,; ~ 1 Prnpprr-y
West: COl1llner cia 1 Pro pe rt y
V ARIANCE(S) REQUEST:
~equcBt variance to maintain existing signage as constructed as it facilitates visibility from
hiRhwav. If lowered. the siRn would be blocked by trees.
Ul fT IN 1-\e.lq~T To peRM IT A r::-R~s SJAN.DIN4' 5/~N 1-I6JctHr OF -12. PI
1} 375tt fT TO fti\F111 II.o;:5a. PI of ATI.A.a/fj) .5 ,t,"'4<:r~ r-o R'E~AJjJ
CONTINUED ON REVERSE SIDE
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TANDARDS FOR APPROVAl.: A v.-lenc. lhaR not be gr~ by 1h1 aty Comml.tJon unIuI thl 8Pplice1Jon .,d evIdence;
_anted cI..ty IUPport the foDowing eortcfudont:
. y
T'h... .... IPadel dfoumlWnaes r.a~ to the particular physloal surrounding., ah.p. or topogr!IPhieel condttion,
applicable to the land or bulldlnos, and such drcumstlnoos are pecuJler to IUoh Ibnd or building. end do not apply
genDfoUy to the a.nd or bulldlnga In the DPPDcabllt :zoplng district b~.e Thf Dlllm trees that surround the
Gign would block the view of the sign. If lt were lowerc .
The strict DPplJcation of the provisJons of the codo wouJd depriv- tft. --nr."J)l1t of tho reason~l~ use of 1he lend or
buildings b.C8U3e.Jlhere the building is situated, ie, surrounded bythe trees, t e owenng
of the sign will detract from Savings of America1s presence 1.n the comnluniL.y.
Tho varianCit is not bBle~ A'ffi:.dusiv&ly upon tl desiro for oconomic or othor materi~ gain by 'the applicant or ownor
boc~.. SEE ATTACHcu .
The granting of tho verJttnc& wiU be in harmony with tho general purpose and int8nt of tholond developmont code on'd -
comprehensivo p)8fl ar1r1 will not be rT'~~JYl;"i1tri"US to ~urroUf?~ proPertios or othorwise d81rimontal to tho public
welfare bocaus.e the sign has been ~n p ace tor s me Y and in that time, it has not proven
tn h~ detrimental to any of the surro~nding establishments.
S SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE
Y COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON.REFUNDABLE REGARDLESS OF BOARD ACTION. BY
NING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID 00 NOT GUARANTEE APPROVAL 'OF THIS
JLlCATlON.
,"iATURE OF PROPERTY OWNER lOR REPRESENTATIVE):
G~ xfrflO/-&n-
l~ pHftion end ~ of l)(lotr'Ip~ H lIPp50abWl
Irn to nnd subserlbed bofore mo this S.:ti-
_DollrJ)J R~ ~c../lu~(;n45
le of Notary typed, printed or
day of ~.J~ A.D.. 19 9 6-
p-
I who is per'Sonnlly known to me and/or h& produced
&~~t.7' /;' / ,
STAn; OF . COUNTY OF 7 4 rt' I ..5
Commission No. ex;)"} S-C(tJ 6t1 - iT
CARL Y. THOMAS SA.
HARRIS COUNnaL
My Comm. Exp, O~1'99
NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST AlTEND HEARING.
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STANDARDS FOR APPROVAL:
(3) Lowering the sign will eliminate highway visibility of our Savings branch and the
entrances to the parking, lot'. E!l:dcrl'y customers looking for our building by addres.s
from the highway will be forced to focus their attention, not on the road nnd traffic
ahead and behind them, but will be looking at the building in the area to see where
to stop and t~rn. Thii possibly will cause numerous serious auto accidents.
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A,.PIDAVIT
I, Donald R. Schuerman, Savings of America
{1ncIutJ. po.JrJon IInd Mm" 01 compMty " .pplc.bf'}
, as owner 0' the proporty described 9S,
dO hereby authorize Ray Davis of Davis Signs
f_ flf ,..,...f/ft~
to appear before the:
r--l
L.-J Dovelopment Coda Adjustment Board (Variance)
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L--I Planning & Zoning Board (Conditional Use)
,---,
I--.J CItY Commls.sion (Alcoholic Beverage Distance Variance, Sign Variances)
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to request approval ot a variance to allow pylon sign to remain at current height.
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~~ oJ hf-t M#I<,,~ ..-md.v#t Uttdvditlg ~I/o.>/ ,rod Il_ ..f ""'"lHf'y J1 ~,
Subscribed an~ sworn to (or affirmed) before me this 7t!t-day of +t.t.- . A.D. 19~
by DOli 4/ j f S ( ~ v~ r In rt n , who is personally
Print 1Vr1r1'1O rirlt:J<JCtt poUtion .f1d fJDmo of C"Iltp6n,/ ;t .pp/l~b"J
I
known to me and/or has produced ~ T -f'dl r. fir i ~l..ro) j j al1l~€ fro i \ r;7, 2/~:c:.. I as identification.
fT'yp' Df kJ""tJIfCtI ticnJ
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ST A T5 OF rL-6RfD . COUNTY OF
p);;)~
C1 (f Y. /!,O/lfU
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Notary Public. Commission No.to~>9a(..9"'('
(Namo of Notary typed, printed or stamped)
.fdvt.~
CARL y, THOMAS SR.
NOlllry Public 01 TOllor;
HARRIS COUNTY
My Comm, Exp, 03-3'.99
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~'Wjl~(i'j.~ SAVIN G S
~ OF AMERICA
~~ A Olllislon or Horne Savings 01 America. Fsn
Facility Support Services. 170t.A Crosspoint Avenue. Houston. Texas 77054.3707
Area Code (713) 795.0085. FAX (713) 796.0033
May 30.1995
Mr. Stephen L. Doherty
Permits Supervisor
Departments of Central Permitting
City of Clearwater
P.O. Box 4748
Clearwaterl Florida 34618-4748
...
RE: SAVINGS OF AMERICA SIGN VARIANCE APPLICATION (SV 93-68)
.'.
Dear Mr. Doherty:
Savings of America is requesting a sign variance for the sign located at 25749
U.S. Highway 19, Clearwaterl Florida for the following reasons.
. The Savings of America building is located on U.S. Highway 19. The
building is not visible from Highway 191 but the sign does offer identification
for Savings of America. (See attached photo A)
. If the sign was lowered, the surrounding trees would block the sign's visibility.
(See attached photo 81 and 82)
. Because the sign offers the necessary building entrance identification for our
customers. removing or lowering the sign would cause the customers to
concentrate their attention away from the highway, looking for the building
entrance. In so doing they may stop suddenly when they realize the
entrance is upon them or slow down excessively causing auto accidents in
the lane behind them.
Savings of America has had a presence in this community for several years and
the sign has not detracted from the aesthetics of the surrounding area.
Thank you for your consideration. We look forward to your decision regarding
this sign variance.
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If yo~ have any questions, please give me a call at (713) 795-0085.
Sincerely,
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em. Coopr
Rhoda M. Cooper
Administrative Assistant
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cc: 0.. Schuerman
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SIGN VARIANCE REQUEST
NAME: HOME SA VINGS AMERICA / SA VINGS OF AMERICA / DA VIS
SV # S3-68 PUBLIC HEARING DATE: AUGUST 3, 1995
ATLAS PAGE: 2678 SEe: 9Jl TWP: 2.9. SAGE: 1.5. E
CLEARWATER CITY COMMISSION
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Clearwater City Commission
Agenda Cover Memorandum
f I
Item #
Meeting Date:
~l
g ~:3. qS
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 109
Meadow Lark Lane B; Owner: Lisa A. Kadlec (A 95-14 & LUP 95~16)
RECOMMENDA TION/MOTION:
Approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban, and Zoning Atlas
Amendment to Single~Family Residential nEight" for Lots 1 & 2, Block 2, Bayview City Subdivision
including the abutting alley to the south of the property, and pass Ordinances No. 5870-95, 5871-95,
and 5872-95 on first reading.
o and that the appropriate officials be author'fled to execute salOO.
BACKGROUND:
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The subject property is located approximately 400 feet east of Bayview Avenue and 750 feet west of
McMullen Booth Road. The applicant wishes to annex in order to obtain City sanitary sewer service
which is available on Meadow Lark Lane and Virginia Avenue. This property is contiguous to the existing
City limits. This property is a nonconforming duplex and will remain a nonconforming structure after
annexation. The alley on the south side of the property is platted 16 feet, but is not open. The property
has an assessed value of $ 46,800.
The lots in Bayview City Subdivision which are in the City have a Future Land Use Classification of
Residential Urban (7.5 u.p.a. max.) and zoning of Single Family Residential "EightU (RS-8) except for the
property to the northwest which is RMH (Mobile Home Park). The County Future Land Use Classification
for this parcel is Residential Urban. It is proposed to assign the property the same Future Land Use
Classification as on the Countywide Plan, Residential Urban, and zoning of Single Family Residential
II Eight. "
~~
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The Engineering Department recommends that the abutting alley to the south of the property be included
with this annexation. '
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential
Reviewed by:
Legal
Budget
purchns i ng
Risk Hgmt.
CIS
ACM
Other
NIA
NIA
ilIA
NIA
N~A
, (~'.l" L
NIA
Originating Oept:
CENTRAL PERMITTING
Costs: S NIA
Total
User Oept:
S
Current fiscal Yr.
C~ission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
It 5\)
Advertised:
Dote: 7/3/95 & 7/11/95
roper: TAMPA TRIBUNE
o Not RCt:IUI red
Affected Partiea
~ Not if t ed
o Not Rcqul red
flrdlng Source:
o Copi tal Irrp.
o Operoting
o Other
A ttocl1lllcnts:
ORDINANCES NO. 5870-95, 5871-
95 & 5872-95
LOCA TI ON MAP
su.itted by:
City ~e~ I
Appropriation Code:
o None
~ Printed on recycled paper
(A 95~ 14 & LUP 95-16)
Page 2
Urban, and Zoning Atlas Amendment to Single-Family Residential "Elghttl (RS-B) to the City Commission.
Pertinent information concerning the request is summarized in the tables bf3low.
EXISTING ZONING AND FUTURE LAND USE OF
APPL1CANT'S AND SURROUNDING PROPERTIES
LOCATION IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject County Residential Urban R-3 Single family residential
Property
North City Residential Urban RS-B Single family residential
County Residential Urban R-3 Single family residential
South City Residential Urban RS-B Single family residential
East County Residential Urban R-3 Single family residential
County Residential Urban R-3 Vacant
West City Residential Urban RS-8 Single family residential
ZONING RESTRICTIONS
DESCRIPTION
RS-6
REQUIREMENTS
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:,?:':-'>.::.?(REClUIAEMENTS':-,;':'-' .,
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.C:;:;-:;:::8,:::~;;:'!fi}~5;tti'f~'~~(~~!;:rri'~x:?!Li:::;,;;;1;:::;\
:.::(::/),)i~;:o'QQ:.ti~~'~;:::ft~::i;'riJ:j'n:::\:r':.::r!~:'
<~:::~':::'i{;";:,:';~':~,:'.~,:~,9~_:.~~~~:T.~P.,~'~:";!.::{'v',::~:.,.:: <. :.':'
,:..>,:>~::~ ::':',:,:~'~::~:<;:,::~'::,:}:::.':,~".<' .~....::. :' ';" .. ,"
EXISTING
Density
Lot Area
Lot Width at
setback line
Depth
5.5 u.p.a. max.
7,000 sq. ft. min.
70 ft. min.
3.4 u.p.a.
12,770 sq. ft. (2 lots)
100 ft. (2 lots)
85 ft. min.
,. '.. ':..':,:.:',< :~' '.'/:;:: '/':':;',.'.';,>'" :.).:::, ::.: ...,',' <::.".':\ ., -' ,." "'. ,.
. eo eo .. .. . ." . 80 ft... . . .., ''''..' c"
:>';,":::.::;'.'.':"/'):;, .,:;.. <.mln~',:"":'" ,.,..::,:'::
128 ft.
OTHER REQUIRED REVIEWS
AGENCY YES NO
Pinellas Planning Council/Countywide Planning Authority X
Florida Department of Community Affairs X
ABBREVIATIONS:
R-3 Single Family Residential (County)
RS-6 Single-Family Residential "Six" (City)
RSM8 Single-Family Residential nEightn (City)
u.p.a Residential units per acre
a9514.cc
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ORDINANCE NO. 5870.95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BAYVIEW
AVENUE AND WEST OF MCMULLEN BOOTH ROAD. CONSISTING OF
LOTS 1 AND 2, BLOCK 2. BAY VIEW CITY SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS MEADOW LARK LANE. l09A AND 109B.
INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION:
TOGETHER WITH THE ABUTTING ALLEY TO THE SOUTH: 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 proper'ty is hereby annexed into the
City of Cl ea rwater and the boundary 1 ines of the Ci ty are redefi ned accordi ngly:
i
Lots 1 and 2, Block 2. Bay View City S,ubdivision. according to
the map or plat thereof as recorded in Plat Book 9. Page 43.
of the pub 1 i c records of Pi ne 11 a s County. FL. toge ther wi th
the abutting alley to the south. (A95-14)
Section 2. The provisions of this ordinance are found and determined to
be consistent with the City of Clearwater Comprehensive Plan. The City
Comnission hereby accepts the dedication of all easements, parks. rights-of-way
and other'dedications to the public which have Ileretofore been made by plat. deed
or user within the annexed property. . The City Engineer. the City Clerk and the
Central Permitting Director' a"e directed to include and show the property
descri bed he rei n upon tIle offi ci a 1 maps and r'ecol'cls of tIle Ci ty .
Section 3. This ordinance sl'lall take effect illlnediately upon adoption.
The City Clerk shall file certified copies of this ordinance. including the map
attached hereto. with the Cl erk of tile Ci rcui t Court and with the County
Administrator of Pinellas County, Flot'ida. within 7 days after adoption., and
shall file a certi fied copy with tile Florida Department of State within 30 days
after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
~
Rlta Garvey
Mayor' - Cornmi ss i oner
Appl'ovecj as to forlll and
1 ega 1 s uffi c i ellcy :
palll~11 ~l. C.I ty At tOr'"ey
^ttest:
C,yn till u E. GOllclea ll. City C 1 el'k
ORDINANCE NO. 5B71~95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT' OF THE
COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED'EAST OF BAYVIEW
AVENUE AND WEST OF MCMULLEN BOOTH ROAD. CONSISTING OF
LOTS 1 AND 2. BLOCK 2. BAY VIEW CITY SUBDIVISION. WHOSE
POST OFFICE ADDRESS IS 109 MEADOW LARK LANE B. AS
RESIDENTIAL URBAN: TOGETHER WITH THE ABUTTING ALLEY TO
THE SOUTH: PROVIDING AN EFFECTIVE DATE.
WHEREAS. the amendment to the future 1 and use pl an el ement 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 designatlng the land use category for the
hereinafter described property as follows:
Property
Lots 1 and 2. Block 2. Bay View City
Subdivision. according to the map
or plat thereof as recorded in Plat
Book 9. Page 43. of the public records
of Pinellas County. FL. together with
abutting alley to the south. (LUP95-16)
Section 2. This ordinance shall take effect immediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5B70-95.
Land Use Cateqorv
Residential Urban
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
ApprOved as to form and
legal SUff~nCY:
iL~ ~ '
Pamela K. ln
City Attorney
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
"
ORDINANCE NO. 5872-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED EAST OF BAYVIEW AVENUE AND WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF LOTS 1 AND 2.
BLOCK 2. BAY VIEW CITY SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 109 MEADOW LARK LANE B. UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8
(RS-8): TOGETHER WITH THE ABUTTING ALLEY TO THE SOUTH:
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:
Prooertv Zoninq District
Lots 1 and 2, Block 2. Bay View RS-8 - Single-Family Residential 8
City Subdivision. according to the
map or plat thereof as recorded in
Plat Book 9. Page 43, of the public .
records of Pinellas County, FL, together
with the abutting alley to the south.
(A95-14)
Sect ion 2. The. Centr a 1 Permi tti ng 'Di rector is di rected to revi se 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. 5870.95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
'.
Rita Garvey
Mayor.Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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Clearwater City Commission
Agenda Cover Memorandum
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Heetlng Dote:
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SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1531
Stevenson Drive; Owner: Thomas L. Booth
(A 95-15 & LUP 95-17)
RECOMMENDA TION/MOTION:
Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas
Amendment to Single Family Residential tlEighttl for Lot 7, Block B, Stevenson's Height including the
right-ot-way of Stevenson's Drive abutting Lots 7 and 8, Block B, and pass Ordinances No. 5875-95,
5876-95, and 5877-95 on first reading. .
[] and that the appropriate officials be authorized to execute some.
BACKGROUND:
The subject property is located approximately 270 feet west of North Betty Lane on the north side of
Stevenson Creek. The applicant already has City sewer service, but wishes to be part of the City to
receive a City loan to renovate the property. The subject property has an assessed valuation of
$ 50,200. On July 20, 1995 the City Commission approved the annexation for the adjacent property
southwest of this lot making it contiguous.
The majority of the subdivision is in the County. The west portion of the lot has a Countywide Future
Land Use Classification of Residential Low and Preservation, while the south and northern portions have
a classification of Residential Low. It is proposed to assign the same classifications to the applicant's
property. The lots in Stevenson's Heights are developed with narrow side setbacks. This type of
development best fits into the City's Single-Family Residential UEightU zoning district, and it is proposed
to assign this zoning to the applicant's property.
The Engineering Department recommends that the right-ot-way ot Stevenson's Drive lying southwesterly
of Lots 7 and 8, Block S, be included with this annexation, and that the abutting right-of-way of
Stockton Drive not be annexed at this time.
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential
Reviewed by:
legal
Budget
Purchesfng
Risk Hgmt.
CIS
AeH
Other
NIA
"'I'"
NIA
NIA
NIA
-1:. ~I ~
HI'"
Originotil1:J Dept: ;/ L COSts:
CENTRAL P ITTING~~
$ MIA
Total
CllCIQission Action:
o Approved
o Approved w/condftfons
o Denied
o continued to:
S
Current Fiscal Yr.
User Dept:
itA
(e y
Advertised:
Date: 7/3/95 & 7/11/95
Paper: TAMPA TRiBUNE
o Hot Requi red
Affected Parties
1m Motififtd
o Not Requi red
Flrding Source:
o Cap\tal t~.
o Operat ing
o Other
Attachlllcnts:
ORDINANCES NO. 5875-95, 5876-
95 & 5877-95
lOCI\nOIl HAP
StbIitted by:
Appropriation Code:
o None
City Manager
~ Printed on recycled paper
A 95-15 & LUP 95-17
Page 2
Low t and Zoning Atlas Amendment to Single-Family Residential U EightU (AS-8) to the City
Commission.
Pertinent information concerning the request is summarized in the tables below.
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
LOCA TION IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject County Residential Low R-3 Single family residential
Property
North County Residential Low R-3 Single family residential
South County Residential Low R-3 Single family residential
East County Residential Low R-3 Single family residential
County Residential Low and R-3 Single family residential
West Preservation
City Residential Low . RS-8 Single family residential (the
owner of Lot 20 has requested
for annexation)
ZONING RESTRICTIONS
DESCRI PTI ON RS- 6 (1;~~\~^~~~1ThW~~w~~r~r;\!\:;:j EXISTING
REQUI REMENTS
Density 5 . 5 u . p . a. max. :::::)::;:,::J.;');;':~;~'~j:m$t~';~::'trt~'~~~.::;:.::it::::~\:,::;,.:::: 5.4 u.p.a .
Lot Area 7, 000 ft. min :':' :', ::".:-:-:':::":':f,::"~"';:'::" '., :':":'/):'(i::":":('>::: :~:';:-:"::: t. {':' ::'./. 8,000 sq ft. m.o.1
sq. . ...... . 5'OOO'sq...ft" m.n.......'. . .
:....::::t.~:cf=:.':. '. ~, .. :: " ..~:. .~:~'." ...:;>;c..: .~.'
: ::::::':'::'\'\:?:':>50;ift":':'ihi'~ '::::' " n. ;" ." "
Lot Width at 70 ft. min , 80 ft.
. .':..' ,: ..-:.:..' .::, ; :: .'; ~:-.;; :
",.,'." ,',' . -, ..
::' .; r :~' : :..:-, .~ < :,.;: :~:," "<T'.' ': " '. :'~ .c, . >" : c:,. .. "'., . ,': ..., ,
setback line :~:,~'~~::/) :f~t::~,:~~.~(, :~+:~~,~.~i\ ;?; '> ~.~,~:~ "~:;~ ~ ::::;, ~ :'::: ' : ;. , c.'
<, ..
Depth 85 ft. min . ,;:., ,:'.'::':::"":~::'{:?::".t:~8.Q::':f+::::'mi:h::(':': ,.,..'.:,';...:::,'.'., 1 00 ft.
OTHER REQUIRED REVIEWS.
AGENCY YES NO
Pinellas Planning Council/Countywide Planning Authority X
Florida Department of Community Affairs X
ABBREVIATIONS:
R-3
RS-6
RS-8
Single Family Residential (County)
Single~Family Residential "Six" (City)
Single-Family Residential nEight" (City)
u.p.a Residential units per acre
a9515.cc
ORDINANCE NO. 5875-95
AN ORDINANCE ,OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL 'PROPERTY LOCATED WEST OF NORTH
BETTY LANE, CONSISTING OF LOT 7. BLOCK B. STEVENSON U
HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1531
STEVENSON DRIVE. INTO THE CORPORATE LIMITS OF THE CITY.
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION; TOGETHER WITH THE RIGHT OF WAY OF
STEVENSONS DRIVE ABUTTING LOTS 7 AND 8, BLOCK B. SAID
STEVENSONS HEIGHTS: PROVIDING AN EFFECTIVE DATE.
WHEREAS. the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater to
annex the property into the City pursuant to Section 171.044. Florida Statutes.
and the City has complied with all applicable requirements of Florida law in
connection with this ordinance: now. therefore, .
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
Lot 7. Block B. Stevenson's Heights, according to the map or plat
thereof as recorded in Pl at Book 34, Page 13: pub 1 i c records 0 f
Pinellas County, Florida, together with the right of way of
Steven sons Drive abutting Lots 7 and 8. Block B. said Stevensons
Hei ghts. (A95-15)
Section 2. The provisions of this ordinance are found and determined to
be consistent with the City of Clearwater Comprehensive Plan. The City
Commission hereby accepts the dedication of all easements. parks. rights-of-way
and other dedications to the public which have heretofore been made by plat. deed
or user within the annexed property. The City Engineer. the City Clerk and the
Central Permitti ng Oi rector are di rected to i ncl ude 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 Cl erk of the Ci rcui t Court and wi th 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
"\
~ita Garvey
Mayor-Commissioner
Approved as to form and
leg~ sufficiency:
pame~~~in. City Attorney
Attest:
Cynthia E. Goudeau. City Clerk
" ,
ORDINANCE NO. 5876-95
.'
AN ORDINANCE OF THE. CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF NORTH
BETTY LANE. CONSISTING OF LOT 7. BLOCK B. STEVENSONS
HEIGHTS SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1531
STEVENSONS DRIVE. AS RESIDENTIAL LOW: TOGETHER WITH THE
RIGHT OF WAY OF STEVEN SONS DRIVE ABUTTING LOTS 7 AND 8.
BLOCK B. SAID STEVENSONS HEIGHTS: PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the amendment to the future 1 and use pl an el ement 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:
,
I"
I
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:
Prooerty
Lot 7. Block B. Stevensons Heights.
according to the map or plat thereof
as recorded in Plat Book 34. Page 13.
public records of Pinellas County.
Florida. together with the right of
way of Stevensons Drive abutting Lots 7
and 8. Block B. said Stevensons Heights.
(LUP95-17)
Section 2. This ordinance shall take effect immediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5875-95.
Land Use CateQory
Residential Low
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
\
Rita Garvey
Mayor-Commissioner
Attest:
Approved as to form and
lelt;~encY:
Pamela K. P. in
City Attorney
Cynthia E. Goudeau
City Clerk
ORDINANCE NO. 5877-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED WEST OF NORTH BETTY LANE.
CONSISTING OF LOT 7. BLOCK B. STEVENSONS HEIGHTS
SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1531
STEVENSONS DRIVE. UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 8 (RS.8);
TOGETHER WITH THE RIGHT OF WAY OF STEVENSONS DRIVE
- ABUTTING LOTS 7 AND 8. BLOCK B. SAID STEVENSONS HEIGHTS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the assignment of a zoning district classification as set forth
in this .ordinance ;s 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 prdperty 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 Zoninq District
Lot 7. Block B. Stevensons Heights. RS.8 - Single-Family Residential 8
according to the map, or plat thereof
as recorded in Plat Book 34. Page 13.
public records of Pinellas County.
Florida. together with the right of way
of Stevensons Drive abutting Lots 7 and 8
Block B. said Stevensons Heights. (A95-15)
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. 5875-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
,
Approved as to form and
1 eg~Uft 1ncy:
PaRte a K: AKln
City Attorney
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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LAN D USE P L ^ ~~ C: l ASS I FIe A T ION a fl d Z 0 N I N G
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APPlICAHI
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L^ND USE PL^tJ
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R3TAWRA3JO -=10'YTI:.
8~11'lil~:r;3() JAriT!~ =.:~.I
Linda Byars.
"
City of Clearwater Economic Development
10 South Missouri Av~nue
Clearwater FL 34618-4748
i ,',
i;
Dear Linda Byars:
,. .
Re - (8--..
August L 1995
I~~~!LI
CENTRAL PERMITTING
CITY OF CLEARWATER
This is to confirm our phone conversation todaY.I wish to
withhol~ my petition for annexation into the City of Clearwater
from the City Commission meeting on August3rd,1995.
I will require additional information as to the specific
improvements and related costs involved with meeting City Code
requirements for my property at 1531 stevenson Dri~e. Clearwater
FIt 34615.
'.
,;~
Thank You 7
~4~~~A~
't'homas L. Booth
e
':it.:. ;f
- -:-:.~.
Cf~
Clearwater City Commission
Agenda Cover Memorandum
13
Itl:m #
Heeting Dotc:
't.3'C15
SUBJECT:
Petition for Annexation, Future land Use Plan Amendment, and Zoning Atlas Amendment for 412
Oakmount Road; Owner: Fred O. Clark, Jr. & Valerie P. Warren.
(A 95-17 & LUP 95-19)
RECOMMENDA TION/MOTION:
Approve the Petition tor Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas
Amendment to Single Family Residential "Six" tor Lot 2, Oakmount Subdivision and the portion abutting
Oakmount Road right-ot-way lying between Lot 2 and the west side of Lot 9, and pass Ordinances No.
5878-95, 5879-95, and 5880-95 on first reading.
[] and that the appropriate officials bc authorized to execute same.
BACKGROUND:
The property is located approximately 280 feet east of Belcher Road and 140 feet south of Sharkey
Road. The applicants wish to annex in order to obtain City sanitary sewer service which is available on
Sharkey Road. The property is contiguous to the existing City limits. The property has an assessed
value of $ 64,200.
The lots in Oakmount Subdivision which are in the City have a Future Land Use Classification at
Residential Low (5.5 u.p.a. max.) and zoning of Single Family Residential"Sixlt. The County Future Land
Use Classification for this parcel is Residential Low (5 u.p.a. max.). This subdivision has a mixture of
Future Land Use Classifications. It is proposed to assign the property the same Future Land Use
Classification as on the Countywide Plan, Residential Low, and zoning at Single Family ResidentialltSixlt.
The Engineering Department recommends that the portion abutting Oakmount Road right-at-way lying
between lot 2 and the west side of Lot 9 be included with this annexation.
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential
low, and Zoning Atlas Amendment to Single-Family ResidentialllSixtl (RS-6) to the City Commission.
Pertinent information concerning the request is summarized in the tables on page 2.
Revi cwed by: Od.;...,;... _opt, 6 t... Costs: S MIA CalIIIission Action:
Legal N/A CENTRAL PERHITTING -/ Total 0 Approved
Budget NIA 0 Approved w/condit;ons
Purchasing NIA S
Risk Hgmt. NIA CUrrcnt fiscal Yr. 0 Denied
CIS ;6" User Oept: 0 Continued to:
"CH ,I... I' '- Fooding Source:
Other N/" 0 tapi tal 1ll'4'-.
Advertised: 0 Operating Attnct.Ents:
Date: 7/3/95 & 7/11/95 0 Other ORDINANCES NO. 5878-95, 5879-
,,''I'- Paper: TAHPA TRIBUNE 95 & 5880-95
0 Not Required LOCATIO'" H~P
Stai tted by: Affected Parties Appropriation code: 0
ii:~ - lli) Notificd Nonc
0 Not Requi red
City nage
~ printed on recycled paper
J,
,
..:r....',.......
A 95-17 & LUP 95-19
Page 2
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDIN,G PROPERTIES
LOCATION IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject County Residential Low R-3 Single family residential
. Property
North City Residential Low RS-6 Single family residential
South County Residential Low R-3 Singe family residential
East City Residential Low RS-6 Single family residential
West City Institutional/Limited P/SP & Institutional and Offices
Office OL
ZONING RESTRICTIONS
0 ESCR I PTI 0 N :~~~j;~1!!:~i,;11fJ[~{~:~~{;:J.~{t~i;:;;~:~!'f.1:j~:.i:;;'~~ RS- S EXI STI N G
",.~.,,'<.REQUIREMENTS ';0"'-:"" R EaU I REM E NTS
,:::s:>:~~::.:;~,..~, "."L ,-,'../:" ~.........'.~.'..' ".:.., ,'.. :,~::~.:>;::'':'
Density ::~~~~;f{;]lr~x~1i~%f$;I~ri6'~R;;;;Mf;i~;::: 7 . 5 u . p . a . max . 4. 8 u . p . a .
n . ,
Lot Area __illj 5 , 000 sq . ft. mi n . 8 , 900 sq . ft.
m . 0 . I .
Lot Width at __ilil1i 50 ft. mi n . 8 9 ft.
setback Ii n e
Depth tj~:~~~{i~l:;f~!i:a:grft~;~liti6:::~;:!.:;~!!;:J~;;i;::!::::::1 80 ft. mi n . 1 00 ft.
. ., , , , , , . . .
, ,
OTHER REQUIRED REVIEWS
AGENCY YES
NO
Pinellas Planning Council/Countywide Planning Authority X
Florida Department of Community Affairs X
ABBREVIATIONS:
R-3 Single Family Residential (County)
RS-6 Single-Family Residential lISix" (City)
RS-8 Single-Family Residential "Eight" (City)
P/SP Public/Semi-Public (City)
OL Limited Office (City)
u.p.a Residential units per acre
a9517.cc
I
1
I
1
I,
ORDINANCE NO. _5878-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BELCHER
ROAD AND SOUTH OF SHARKEY ROAD. CONSISTING OF LOT 2.
. OAKMOUNT SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 412
OAKMOUNT ROAD. INTO THE CORPORATE lIMITS OF THE CITY.
AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION: TOGETHER WITH THE ABUTTING RIGHT OF WAY
OF OAKMOUNT ROAD LYING BETWEEN LOT 2 AND LOT 9 OF SAID
OAKMOUNT SUBDIVISION: PROVIDING AN EFFECTIVE DATE.
WHEREAS. the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater to
annex the property into the City pursuant to Section 171.044. Florida Statutes.
and the City-has complied with all applicable reqUirements of Florida law in
connection with this ordinance: now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
Lot 2. Oakmount Subdivision. according to the map or plat thereof as
recorded in Book 45. Page 43. public records of Pinellas County.
Florida. together with the abutting right of way of Oakmount Road
lying between Lot 2 and Lot 9 of said Oakmount Subdivision.
(A95.17)
I,
!
Section 2. The provisions of this ordinance are found and determined to
be cons i stent wi th the Ci ty 0 f C1 earwater Comprehensive Pl an. The Ci ty
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. wi th the Cl erk of the Ci rcui t Court and wi th 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:
pamth./f;;1. City Attorney
Attest:
Cynthia E. Goudeau. City Clerk
~.., .
ORDINANCE NO. 5879-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN .ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED EAST OF BELCHER
ROAD AND SOUTH OF SHARKEY ROAD. CONSISTING OF LOT 2.
OAKMOUNT SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 412
OAKMOUNT ROAD. AS RESIDENTIAL LOW:. TOGETHER WITH THE
ABUTTING RIGHT OF WAY OF OAKMOUNT ROAD LYING BEnJEEN LOT
2 AND LOT 9 OF SAID OAKMOUNT SUBDIVISION: PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the amendment to the future 1 and use plan element 0 f the
comprehensive plan of the City as set forth in this ordinance is found to be'
reasonable. proper' and appropriate. and is consistent with the City's
comprehensive plan; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by designating the land use category for the
hereinafter described property as follows: '
Property
Lot 2. Oakmount Subdivision. according
to the map or plat thereof as recorded
in Book 45. Page 43. public records of
Pinellas County. Florida. together with
the abutting right of way of Oakmount
Road lying between Lot 2 and Lot 9,of
said Oakmount Subdivision. (LUP95-19)
Land Use CateQorv
Residential Low
Section 2. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5878-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
'\
Rita Garvey
Mayor-Commissioner
Attest:
Approved as to form and
l1ZUj:1ency:
P ela K. 1n
City Attorney
Cynthia E. Goudeau
City Clerk
L.:.:.:."
-
......., . . ,) <. ,~' ..: . .
ORDINANCE NO. 5880-95
AN ORDINANCE OF THE CITY OF .CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS"OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED EAST OF BELCHER ROAD AND SOUTH OF
SHARKEY ROAD. CONSISTING OF LOT 2. OAK MOUNT SUBDIVISION.
WHOSE POST OFFICE ADDRESS IS 412 OAKMOUNT ROAD. UPON
ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY
RESIDENTIAL 6 (RS-6); TOGETHER WITH THE ABUTTING RIGHT
OF WAY OF OAKMOUNT ROAD LYING BETWEEN LOT 2 AND LOT 9 OF
SAID OAKMOUNT SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS. the assignment of a zoning district classification as set forth
in thi s ordi nance is found to be reasonable. proper and appropri ate. 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 ;s amended. as follows:
Property ZoninQ District
Lot 2. Oakrnount Subdivision. according RS-6 ~ Single-Family Residential 6
to the map or plat thereof as recorded
in Plat Book 45. Page 43. pUblic records
of Pinellas County. Florida. together
with the abutting right of way of Oakmount
Road lying between Lot 2 and Lot 9 of said
Oakmount Subdivision. (A95-17)
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. 5878-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
\
Approved as to form and
le~a\ SUf~CienCY:
l~e,-IL
P arne 1 a K.' kin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION and ZONING
QWHER
APPLICANT
AqS-ll
wAR.Re~
,
~ .c.e... A R.K
.
PRO PER T Y 0 ESe RIP TI 0 ~j
'LAND USE PLAN
ZONING
Lo-r "2...,
CJA\<MO~\ suB
COU~ITY RE''5IDEtJTIAl- L.Ou.)
R-3
o,'l.O,t,cnE$
CITY R6StD6UTIAL. L.cLJ
nlGIIT OF.WAY
~s cO
....cn~:;
PLAHHIHG Ilnd lOt/IHG BOARD
J
CITY COMWSSION
SEe i lOti
07
'1. q :3
291 A
\6
E ).. T l "5 'J A 0 E
'I' 0 W .1 Sill P
RAtlOE
.
~
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Clearwater City Commis.~on
Agenda Cover Memorandum
)l/
t tem II
Heetlng Dote:
~.2.9=>
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1236
Kapok Circle; Owner: Waldemar W. Sario & Lynn HasselJ (Attorney~in-Fact).
(A 95-18 & LUP 95~20)
RECOMMENDA TION/MOTION:
Approve the Petition for Annexation, Future land Use Plan Amendment to Residential low, and Zoning
Atlas Amendment to Single Family Residential "Sixn for Lot 14, Kapok Forest Subdivision, and pass
Ordinances No. 5881-95, 5882-95, and 5883-95 on first reading.
[] and that the appropriate officials be authorized to execute some.
BACKGROUND:
The subject property is located approximately 450 feet west of McMullen Booth Road and 530 feet east
of Landmark Drive. The applicant wishes to annex in order to obtain City sewer service for the existing
single family residence. The property has an assessed valuation of $ 83,300. It is contiguous to the
existing City limits.
The residential property in the area which is in the City has a zoning of Single Family Residential nEight".
This subdivision has a mixture of Future Land Use Classifications. The lots which are in the City have
a Future land Use Classification of Residential low (5.5 u.p.a. max.), Open Space IRecreation, and
zoning of Single Family Residential "Eightn (AS-B). The County Future land Use Classification for this
parcel is Residential low (5 u.p.a. max.). It is proposed to assign the property the same Future Land
Use Classification as on the Countywide Plan, Residential Low, and zoning of Single Family Residential
"Six". The applicant's property meets the minimum dimensional requirements of a Single Family
Residential "Sixll lot.
The Engineering Department recommends that the City not annex the abutting right-of-way at this time.
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed annexation, Future land Use Plan Amendment to Residential
Low, and Zoning Atlas Amendment to Single-Family Residential IISixn (RS-6) to the City Commission.
I
!
,
Reviewed by: Originating Dept: Costs: S MIA C~ission Action:
legal NIA CENTRAL PERHITT 1I1~ 0 Total 0 Approved
Budget N/A 0 Approved w/conditions
Purchas i 09 N/A $
Risk. Hgmt. N/A Current Fiscal Yr. 0 Denied
CIS ~~I~ User Dcpt: 0 Continued to:
ACH FU1dfng Source:
.
Other IUA 0 Capital Irrp.
Advertised: 0 Operating Attachlllents:
Date: 7/3/95 & 7/11/95 0 Other ORDINANCES NO. 5881995. 5882-
I~rl' Paper: TAMPA TRISUNE 95 & 5883-95
0 Not Requi rcd LOCATION HAP
SWlli tted by: Affected Parties Appropriation Code: 0
Clty~~~ ~ Not if i ed None
0 Not Required
~ Printed on recycled paper
A 95-18 & lUP 95-20
Page 2
Pertinent information concerning th~ request is summarized in the tables below.
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING. PROPERTIES
lOCATION IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject County Residential Low R-3 Single family residential
Property
North City Open OS/R Open space/recreation
Space/Recreation
South County Residential Low R-3 Singe family residential
East City Residential Low & RS-8 & Single family residential
Open OS/R & Open space/recreation
Space/Recreation
West City Open OS/R Open space/recreation
Space/Recreation
ZONING RESTRICTIONS
DES C R I PTI 0 N '.1'::i:i::~::~::::::::;;.:::.;;~::fit\:~:R~,~:~~[':;~r;~:;(::;;~::!:;::i:l!;Y};(:i: RS~8 EX I STI N G
:::;::"':':'REoulRE'MeNTS:: ~..,.:,..' R Eau I R E M E NTS
/;::.~;~?r. '''u' ,."." "'~ ..~. .... .". .n, _ ;, )..::. . '~)/.;i:{i'~:::'
Density ;;~:~{rj::;;~:f:$i~':[)u!~~~~lfm~:~:1:;i~::::;~::~::iD 7 . 5 u . p . a . max . 4. 3 U . P . a .
Lot A rea ~J~r~~~~~~~li~mi~~~ 5 , 000 sq . ft. mi n . 1 0 , 1 0 1 sq . ft .
m . 0 . I .
Lot Width at ;~~!~]~gJm~~~~~ll@~; 50 ft. min . 9 1 ft.
setback Ii n e
Depth .::~::~;:{;}:::~~'?:.;;;';'~.ij:~:H~~.::rriiri:2::::::;[;:mi:t(r::.~::; 80 ft. mi n . 1 1 1 ft.
OTHER REQUIRED REVIEWS
AGENCY YES
NO
Pinellas Planning Council/Countywide Planning Author~ty X
Florida Department of Community Affairs X
ABBREVIATIONS:
R-3 Single Family Residential (County)
RS-6 Single-Family Residential "Six" (City)
RS-8 Single-Family Residential "Eight" (City)
OS/R Open Space/Recreation (City)
u.p.a Residential units per acre
~,.~
ORDINANCE NO. 5881.95
AN ORDINANCE OF THE CITY OF. CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN
BOOTH ROAD AND EAST OF LANDMARK DRIVE. CONSISTING OF lOT
14. KAPOK FOREST. WHOSE POST OFFICE ADDRESS IS 1236
KAPOK CIRCLE. INTO THE CORPORATE LIMITS OF THE CITY. AND
REDEFINING,THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION: PROVIDING AN EFFECTIVE DATE.
u .
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
~onnection 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 14. Kapok Forest, according to th~ map or plat as recorded in
Plat Book 47. Page 47. public records of Pinellas County. Florida.
(A95.18)
Section 2. The provisions of this ordinance are found and determined to
be consi stent with the Ci ty of Cl earwater Comprehensi ve Pl an. 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. Thls ordinance shall take effect immediately upon adoption.
The City Clerk shall file certified copies of this ordinance. including the,map
attached hereto. wi th the Cl erk of the Ci reui t Court and wi th 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:
pa~~K.1it
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
p....-~...;. . .
ORDINANCE NO. 5882-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF MCMULLEN
BOOTH ROAD AND EAST OF LANDMARK DRIVE. CONSISTING OF lOT
14. KAPOK FOREST. WHOSE POST OFFICE ADDRESS IS 1236
. KAPOK CIRCLE. 'AS RESIDENTIAL lOW: PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the amendment to the future 1 and use plan element 0 f 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 el~ment 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
Lot 14. Kapok Forest. according to the
map or plat as recorded in Plat Book 47,
Page 47. public records of Pinellas County,
Florida. (lUP95-20)
Land Use CateQory
Residential Low
_ Section 2. This-ordinance shall take effect immediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5881-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and
legal s~fficiency:
pa~? t ~'n
City Attorney
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
...~....~ .""
. 0'1
ORDINANCE NO. 5883.95
AN ORDINANCE- OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED WEST OF MCMULLEN BOOTH ROAD ,AND
EAST OF LANDMARK DRIVE. CONSISTING OF LOT 14. KAPOK
FOREST. WHOSE POST OFFICE ADDRESS IS 1236 KAPOK CIRCLE.
UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-
FAMILY RESIDENTIAL 6 (RS.6): PROVIDING AN EFFECTIVE
DATE.
II
j
1
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:
I
!
. J
,
i
I
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Prooertv
lot 14, Kapok Forest. according to
the map or plat as recorded in Plat
Book 47. Page 47. public records of
Pinellas County. Fl. (A95-18)
Zoninq District
RS-6 - Single-FamilY Residential 6
Secti on 2. The Central Permi tti ng Di rector is di rected to revi se 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. 5881-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
"\
.
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal SUffi~nCY:
fv~ IL
Pamela K. Al<ln
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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AGEN:DA'
.'
\,
ITEM
# 1.6~
"
cr~
Clearwater City Commission
Agenda Cover Memorandum
\5
It cm #
Hecting Dote:
~'3.qL(
SUBJECT:
Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1238
Brookside Drive; Owner: Roger K. Coulter & Gayle K. Coulter. (A 95-19 & LUP 95-21)
RECOMMENDA TION/MOTION ~
Approve the Petition for Annexation, Future l.and Use Plan Amendment to Residential Low and Zoning
Atlas Amendment to Single Family Residential tlFour" for Lot 1 0, Block C, Meadow Creek Subdivision,
and pass Ordinances No. 5884~95, 5885-95, and 5886-95 on first reading.
[] end thot the approprlote officials be authorized to cxecutc some.
BACKGROUND:
The subject property is located approximately 700 feet east of Keene Road and 140 feet south of
Meadow Lane. The applicants wish to annex in order to obtain City sewer service which is available
along Beverly Circle North and Brookside Road for the existing single family residence, assessed value
of $ 72,500. The property is contiguous to the existing City limits.
There is an existing utility shed located on the north property line of the subject property. This shed is
non-conforming and would conflict with the City side setback requirement. The established side setback
requirement for the proposed zoning district is 10ft. This shed will not be removed but it will remain
as an existing non-conforming structure which will require future compliance with the City Code if it is
to be replaced.
The Countywide Future Land Use Plan Category for this parcel is Residential Low (5.0 u.p.a. max). It
is proposed to assign the same City Future Land Use Category to the applicants' property. The lots in
Meadow Creek Subdivision that are already in the City and the subdivision to the south (lake Lela Manor
First Division) are zoned Single-Family Residential "Fourll. It is proposed to assign the same zoning to
the applicants' property. The applicants' property meets the minimum dimensional requirements of a
Single-Family Residential ItFour" lot.
The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which
they unanimously endorsed the proposed annexation, Future land Use Plan Amendment to Residential
User Dcpt:
Costs: S MIA
Total
levieNed by:
Leg. l
Budget
Purchasing
Risk Hgmt.
CIS
A04
Other
ilIA
iliA.
NIA
NIA
~A
{~I~.
ilIA.
Originating Dcpt:
CEIlTRAL PER
S
Current fiscal Yr.
C~ission Action:
o Approved
o Approvcd w/condltions
o Denied
o Continued to:
(\'-j
Advertised:
Dote: 7/3/95 & 7/11/95
Paper: TAHPA TRIBUNE
o Not Rcqul red
Affected Parties
18I Ilot if led
o Not Requl red
Finding Source:
o Capital 11IlI.
o Operating
o Othcr
A ttochlllents:
ORDINAIlCES NO. 5864-95, 5885-
95 & 5886-95
LOCATION HAP
SlDi tted by:
r.1.t8 MA;!j;; ~
Appropriation Code:
o None
~ Printed on rccycled paper
..
A 95~19 & LUP 95~21
Page 2
low, and Zoning Atlas Amendment to Single-Family Aesidential"Four" tAS~4) to the City Commission.
Pertinent information concerning the request Is summarizod in the tables on page 2.
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
LOCATION IN CITY FUTURE LAND USE
OR PLAN CATEGORY ZONING ACTUAL USE
COUNTY
Subject County Residential low R-3 Single family residential
Property
North County Residential Low R-3 Single family residential
South City Residential low RS-4 Singe family residential
East County Residential Low R-3 Single family residential
West County Residential Low R-3 Single family residential
ZONING RESTRICTIONS
DESCRIPTION :j~i;:~1~1)t~i&~:~;;i11~tR~f.}ft~i!:t):f;;~~~JJi[i\:'t::; RS~ 6 EXI STI NG
"':""':"'~'>REQOlfU:'MENtS:'~""'~':" REQUIREMENTS
~~{~r};~i~~'V"L' :...............:... '., ...<.'~..:.. X~~~({i,:..;
Density ,~~;trjf~1f~.~t7~~));~~:~:~I:hi~~~:;;::f' '~:::~;:' 5. 5 U.p .a . max. 3. 9 u. p. a.
lot Area l~iI1~~i~1:!Wj?~;,:...... 7,000 sq . ft. min. 1 1 , 1 60 sq . ft.
m.o.1.
.::.~.r::(::: ::~.~::A.::;}'~:.\:.. ::',:~~' ~ \~ ~ ~ :~:.~.: .':~:.(' ~.; . :.:-
lot Width at . "'SO ft". I "".. 70 ft. min 93 ft.
:'~;~~:.~:ii;:;-;:":::':,:'?~:.:i.<f ;. ,.: :i.:~ : .~}H:' :..:'.: :.... .
setback line "
:;'. ".'.,'..... ',h .'. ..,," .' .', , " ,
Depth .~;:':!<' . .<:.;~:9bJt/riihi : " 8 5 ft. min 1 20 ft.
. .
OTHER REQUIRED REVIEWS
AGENCY YES
NO
Pinellas Planning Councll/Countywido Planning Authority X
Florida Department of Community Affairs X
ABBREVIA TIONS:
R-3 Single Family Residential (County)
RS-4 Single-Family residential nFourn City
RS-6 Single-Family Residential l1Six" (City)
u.p.a Residential units per acre
a9519.cc
','l.
". ,'~ .
I'
ORDINANCE NO. 5884-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF" KEENE
ROAD AND-SOUTH OF MEADOW LANE, CONSISTING OF LOT 10,
BLOCK C. MEADOW CREEK SUBDIVISION. WHOSE POST OFFICE
ADDRESS IS 1238 BROOKSIDE DRIVE, 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
c9nnection 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 10. Block C. Meadow Creek as recorded in Plat Book 36. Page 26.
public records of Pinellas County. Florida. (A95.19)
Section 2. The provisions of this ordinance are found and determined to
be consi stent with the City of Cl earwater Comprehensi ve P1 an. The City
Comrni'ssion 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. wi th the Cl erk 'of the Ci rcui t Court and wi th 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
" 1
!
I
'\
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
PNL ill
Pamela K. Akin
City Attorney
tynthia E. Goudeau
City Clerk
> 'r.":"'
-,\
, ,ORDINANCE NO. 5885-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED EAST OF KEENE ROAD
AND SOUTH OF MEADOW LANE. CONSISTING OF LOT 10. BLOCK C.
MEADOW CREEK SUBDIVISION. WHOSE POST OFFICE ADDRESS IS
1238 BROOKSIDE DRIVE. AS RESIDENTIAL LOW; 'PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the amendment to the future 1 and use plan element 0 f 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: ·
Prooerty
Lot 10., Block C. Meadow Creek as
recorded in Plat Book 36. Page 26.
public records of Pinellas County.
Florida. (lUP95.21)
Land Use CateQory
Residential Low
Section 2. This ordinance shall take effect immediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5884-95. .
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor.Commissioner
,t
Approved as to form and
lega~ sufficiency: .
l:el~1. Akin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
.' .......,.1 "
"" ",."+ "'. .~',.
ORDINANCE NO. 5886.95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED EAST OF KEENE ROAD AND SOUTH OF
MEADOW LANE, CONSISTING OF LOT 10. BLOCK C. MEADOW CREEK
SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1238 BROOKSIDE
. DRIVE. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS
SINGLE-FAMILY RESIDENTIAL 4 (RS.4): PROVIDING AN
EFFECTIVE DATE.
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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:
Prooerty
lot la, Block C. Meadow Creek as
recorded in Plat Book 36. Page 26.
public records of Pinellas County.
Florida. (A95-19)
Zoninq District
RS-4 - Single. Family Residential 4
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. 5884-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner'
"
Approved as to form and
leg~ S~ff~~nCY:
parnet(~ Akln
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
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Note: 7.3'. QS Preliminary (Worksession) agenda and paperwork tha. twas
in package initially but'then not continued onto Thursda.y's agenda
is at the back of this agenda pack~
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Clearwater City Commission'
Agenda Cover Memorandum
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Item #
Meeting Date:
ex. 3~q5
SUBJECT:
Comprehensive Plan and land Development Code Amendments - Pinellas Planning Council Consistency
Program
RECOMMEN DATION/MOTION:
Approve Comprehensive Plan and Land Development Code Amendments; and pass Ordinances No.
5749-95 and 5750-95 on first reading.
[] end that the approprlote officials be authorized to execute some.
BACKGROUND:
In June 1994, the Pinellas Planning Council (PPC) determined that overall the City's Comprehensive Plan
and Land Development Code (LDC) were consistent with the Countywide Plan. The PPC staff has since
compared the two maps more closely and they have identified approximately 100 inconsistencies
between their map and ours. Only 17 require amendments to the City's map, the majority require
changes to the Countywide map and some are scrivener's errors. On July 20, 1995, the City
Commission approved Resolution No. 95-5, authorizing the PPC to make the changes to the Countywide
map.
As part of the Consistency Program, the City reclassified single family subdivisions based on actual
density, realizing that associated zoning modifications would be necessary. The attached ordinance
#5750-95 includes language for each zoning district in the Land Development Code which will restrict
density by the land use plan classification when it is more restrictive than the assigned zoninp district.
The PPC has found this approach to be acceptable for Pinellas County. Other housekeeping items
associated with the consistency program are included.
The City entered into an agreement last year with PPC for mapping services. This will enable the City
to purchase colored land use plan maps at a reasonable cost (proposed $ 7 a map rather than $40 as
previously purchased from a private firm) using the Pinellas County Property Appraiser's computerized
mapping system. The ppe will authorize these maps to be printed for distribution once the map
inconsistencies have been resolved.
These amendments to the Comprehensive Land Use Plan will be submitted together as one regular bi-
annual submission to the State Department of Community Affairs (DCA). In order to be guaranteed two
regular bi-annual submissions next year, we must obtain State approval of this submittal before the end
of this year. Therefore, we must have first ordinance reading early in August. Attached is an expedited
schedule for this project.
On August 1, 1995, the Planning and Zoning Board will hold a public hearing and consider these
amendments to the Future Land Use Plan and Land Development Code. Their action will be provided
in a separate memorandum.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
ather
-f.JfL
NIA
N/A
~(~~L
HIA
Originating Dcpt:
CENTRAL PERMIT
S N/A
Total
CDnDission Action:
o Approved
o Approved w/conditions
a Denied
o Continued to:
User Dept:
$
Current Fiscal Yr.
:?,'\
. _. ,. I ~
Advertised:
Dates: 7/18/95 and 7/27/95
Paper: TAMPA TRIBUNE
o Not Requi red
Affccted Porties
o Notified
ra Not Requi red
fl.W)dfng Source:
IJ Capi tal 111'fJ.
IJ Operating
o Other
AttBChmcnts:
Amendment Schedule
ord. No. 5749-95(Plan amend.)
ord. No. 5750-95(LDC amend.)
o None
SlbIi tted by:
E.ty na ~
~ Printed on recycled paper
Appropriotion Code:
I.
. ....-...
CITY OF CLEARWATER
SCHEDULE OF COMPREHENSIVE PLAN AMENDMENTS
PPC CONSISTENCY PROGRAM 1995
Review/Action Date
City Commission Receipt and Referral July 20, 1995
Planning and Zoning Board Public Hearing with August 1, 1995
Recommendation to the City
Commission
City Commission Public Hearing and 15t August 3, 1995
Ordinance Readino
State DCA and PPC Submittals August 7, 1995 (Must send
draft1ff CC minutes to the
State
Pine lias Planning Council (PPC) Public Hearing/ Approval Septembor 20, 1995
Countywide Planning Authority Public Hearing/ A~~roval November 7, 1995
(CPA) (2 months after C)
DCA's ORC Report ORC = Objections, November 28, 1995
Recommendations and
Comments ReDort
City Commission 2nd Ordinance Reading * December 1995
City's Final Action Transmitted December 18, 1995
to DCA
DCA's Publication of Notice to February 1996
Approve
Final March 1996
*State submittal year is based on the date of City's final action (Le., 2nd Reading).
ORDINANCE NO. S749~9S
AN ORDINANCE OF TIffi CITY OF CLEARWATER,
FLORIDA, AMENDING TIlE COMPREHENSIVE PLAN OF
THE CITY, INCLUDING AMENDMENTS TO TIlE FUTIJRE .
LAND USE ELEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of Florida empowers and requires the City Commission of the City of Clearwater
to plan for the future development and growth of the City, and to adopt and amend from time
to time a comprehensive plan, including elements and portions thereof, to guide the future
growth and development of the City; and
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WHEREAS, amendments to the comprehensi\!e plan of the City have been prepared in
accordance with the applicable requirements of law, after the perfonnance of necessary studies
and surveys, the collection of appropriate data, and public participation through numerous public
hearings, the dissemination of proposals and alternatives, opportunity for written comments,
open discussion and the consideration of public and offi~ial comments; and
of.
WHEREAS, the Clearwater Planning and Zoning Board, serving as the designated Local
Planning Agency for the City, has held a public hearing on the proposed amendments and has
recommended adoption of the proposed amendments to the Future Land Use Element of the
Comprehe~sive Plan; and
WHEREAS, the proposed amendments have been transmitted to the Florida Department
of Community Affairs for review and comment, and the objections, recommendations and
comments received from the Florida Department of Community Affairs have been considered
by the City Commission, together with all comments from local regional agencies and other
persons~ in preparing the final draft of the amendments; and
WHEREAS, the City Commission .fmds it necessary, desirable, and proper to adopt the
amendments to the goals and policies of the Comprehensive Plan in order to reflect changing
conditions in current and future intergovernmental coordination efforts and to correct
grammatical errors, delete or correct scrivener's errors, and clarify ambiguous statements; now,
therefore,
BE IT ORDAINED BY THE CITY C01v1MISSION OF THE
CITY o.p CLEARW ATER~ FLORIDA:
Section 1. Purpose and Intent. This ordinance is adopted to carry out the purpose and
intent of, '\ and to exercise the authority granted' pursuant to, the Local Government
Comprehensive Planning and Land Development Regulation Act~ and more generally to exercise
the authority granted pursuant to the Florida Constitution and the Charter of the City of
Clearwater. The provisions of this ordinance and the comprehensive plan amendments as
adopted by this ordinance are declared to be the minimum requirements necessary to accomplish
the purpose, intent and objectives as set forth herein and in the comprehensive plan as adopted
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on November 16, "1989.
Section 2. Amendments to the Adopted Plan. The amendments to the Comprehensive
PJan of the City of Clearwater, as set forth in Exhibits A and B attached to the original of this
ordinance, are hereby adopted. .
S~tion 3. Severabilit]!. If any provision of this ordinance or of the comprehensive plan
or amend merits as adopted by the ordinance ~hould ever be adjudicated invalid for any reason,
such provision shall be deemed severable from the remaining provisions of this ordinance and
the comprehensive plan and amendments to the extent that the remaining provisions may
independently be valid and enforceable.
Secti9n 4. Effective Date. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED .
Countersigned;
CITY OF CLEARWATER, FLORIDA
By;
Rita Garvey
Mayor~Commissioner
Elizabeth M.. Deptula
City Manager
Approved as to form and
legal sufficiency:
Attest:
~amela Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Pl.N\J>PC9.5Pl.N .OlUJ
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11
ORDINANCE NO, 5750~95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTION 35.11, CODE OF
ORDINANCES, TO REVISE THE DEFINITION OF OPEN
SPACE TO MEET TIIE INTENT OF IMPERVIOUS SURFACE
RATIO REQUIRElvIENTS; AMENDING SECTIONS 40.005,
40.036,40.045,40.066,40.086,40.106,40.126, 40.127, 40.128,
40.136',40.137,40.138,40.146,40.147,40.148, 40,166, 40.186,
40.206,40.226,40.245,40.262, TO ADD LANGUAGE TO THE
CORRELATION OF ZONING DISTRICTS SECTION AND THE
RESIDENTIAL ZONING DISTRICTS WInCH WILL RESTRICT
DENSITY BY THE LAND USE CLASSIFICATION WHEN IT
IS MORE RESTRICTIVE THAN THE ASSIGNED ZONING
DISTRICT; AMENDING SECTIONS 40.261 AND 40.262, TO
DELETE THE SPECIFIC RESIDENTIAL SUBCATEGORIES IN
THE PD ZONING DISTRICT; AMENDING SECTION 40.546,
TO JNCREASE THE FAR UP TO 1.0 FOR HOSPITAL USES IN
THE ,P/SP ZONING DISTRICT; AMENDING SECTION 40.586
(2), TO REPLACE 1v1INIMlJ1vf FLOOR AREA RATIO WITH
MAXIM:illv1 FLOOR AREA RATIO, AND SECTION 40.586 (4),
TO REPLACE 136.029 WTIH 42.28, BOrn IN THE
, , PRESERVATION ZONING DISTRICT; AMENDING SECTION
42.06 (6)(b), RELATING TO TRANSFERS .OF DE.l\fSITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY TIlE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
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Section I. Section 35.11, Code of Ordinances, is amended to read:
Section '35.11. Dermitions.
The following words, tenns 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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Open space means an area of a lot receiving permeable vegetative landscape treatment.
For the purpose of computing the minimum open space of any lot or front yardJ retention and
detention areas may be counted as open space and grassed surface parking spaces which are
required by this development code shall not be counted as open space. The open space
~uirernents of this development code shall meet the intent of the impervious surface ratio
requirements of the comprehensive land use plan.
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Section 2. Section 40.005, Code of Ordinances, is amended to read:
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Section 40.005. Correlation of zoning districts with comprehensive land use plan.
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No development shall occur other than as is consistent with these zoning regulations and
the city comprehensive land use plan. The maximum density shall be as permitted in the
assigned zoning district or as pennitted by the comprehensive land use plan, whichever is less.
For the purpose of correlating these zoning districts with the land use plan and determining'
consistency between such districts and plan classifications, the following shall apply:
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Section 3. Subsection (1) of Section 40.036, Code of Ordinances, is amended to read:
Section 40.036. Dimensional and numerical development requirements. .
The following dimensional and numerical requirements shall apply to all development
with Single-Family Residential ftOne" Districts: '
. (1) Maximum density: One dwelling unit per gross acre or as pennitted by. the
comprehensive land use plan. whichever is less.
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Section 4. Subsection (1) of Section 40.045, Code of Ordinances, is amended to read:
Section 40.045. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all development
within single-family residential 2 districts:
(1) Maximum density: 1.8 dwelling units per gross acre or as permitted bv the
comprehensive land use plan. whichever is less.
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Section 5. Subsection (1) of Section 40.066, Code of Ordinances, is amended to read:
Section 40.066. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all development
within single-family residential 4 districts:
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Maximum density: 3.75 dwelling units per gross acre or as pennined by the
comprehensive land use plan. whichever is less.
(1)
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Section 6. Subsection (1) of Section 40.086, Code of Ordinances, is amended to read:
Section 40.086. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all development
within single-family residential 6 districts:
(1) Maximum density: 5.5 dwelling units per gross acre or as pennitted by the
cpmpEhensive land use plan. whichever is less.
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Section 7. Subsection (1) of Section 40.106, Code of Ordinances, is amended to read:
Section 40.106. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all development
within single-family residential 8 districts:
(1) Maximum density: 7.S dwelling units per gross acre or as pennitted bv the
comprehensive land use plan. whichever is less.
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Section 8. Subsection (1) of Section 40.126, Code of Ordinances, is amended to read:
Section 40.126. Dimensional and numerical development requirements for two-
fa~y dwellings.
The" following dimensional and numerical requirements shall apply to two-family dwelling
development within multiple-family residential 8 districts:
(1) Maximum density: 7.s dwelling units per gross acre or as pennined by the
comprehensive land use plan, whichever is less.
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Section 9. Subsection (1) of Section 40.127, Code of Ordinances, is amended to read:
Section 40.127. Dimensional and numerical development requirements for three-
family dwellings.
The fJ'uowing dimensional and" numerical requirements shall apply to three-family
dwelling development within multiple-family residential 8 districts:
(1) Maximum density: 7.5 dwelling units per gross acre or as pennined hy the
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comprehensive land use plan. whichever is l~.
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Section 10. Subsection (1) of Section 40.128, . Code of Ordinances, is amended to read:
Section 40.128. Dimensional and numerical devclopment requiremcnts.
The following dimensional and numerical requirements shall apply to development within
multiple-family residential 8 districts not expressly regulated elsewhere:
(1) Maximum density: 7.5 dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 11. Subsection (1) of Section 40.136, Code of Ordinances, is amended to read:
Section 40.136. Dimensional and numericai development requirements for two-
family dwellings.
The following dimensional and numerical requirements shall apply to two-family dwelling
development within mMultiple-[Farnily rResidentiallQ "Ten II districts:
(1) Maximum density: ten dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 12. SubseCtion (1) of Section 40.137, Code of Ordinances, is amended to read:
Section 40.137. Dimensional and numerical development requirements for three-
family dwellings.
The following dimensional and numerical requirements shall apply to three-family
dwelling development within mMultiple-!Family rResidential I 0 ~ districts:
(1) Maximum density: ten dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 13. Subsection (1) of Section 40.138, Code of Ordinances, is amended to read:
Section 40.138. Dimensional and numerical development requiremcnts.
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The following dimensional and numerical requirements shall apply to development within
mMultiple-fFamily rResidentia11Q "Ten" districts not expressly regulated elsewhere:
(1) Maximum 'density: ten dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 14. Subsection (1) of Section 40.146, Code of Ordinances, is amended to read:
Section 40.146. Dimensional and numerical development requirements for two':'
family dwellings.
The following dimensional and numerical requirements shall apply to two-family dwelling
development within multiple-family residential 12 districts:
(1) Maximum density: 11.5 dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 15. Subsection (1) of Section 40.147, Code of Ordinances, is amended to read:
Section 40.147. Dimensional and numerical development requirements for three-
family dwellings.
The following dimensional and numerical requirements shall apply to three-f~ily
dwelling development within multiple-family residential 12 districts:
(1) Maximum density: 11.5 dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 16. Subsection (1) of Section 40.148, Code of Ordinances, is amended to read:
Section 40.148. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development within
multiple-family residential 12 districts not expressly regulated elsewhere:
(1) Maximum density: 11.5 dwelling units per gross acre or as permitted bv the
~ comprehensive land use plan. whichever is less.
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Section 17. Subsection (1) of Section 40.166, Code of Ordinances, is amended to read:
Section 40.166. Dime~ional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development within
multiple-family residential 16 districts not expressly regulated elsewhere:
(1) Maximum density: 15. dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 18. Subsection (1) of Section 40.186, Code of Ordinances, is amended to read:
Section 40.186. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development within
multiple-family residential 20 districts not expressly regulated elsewhere:
(1)
Maximum density: 18.5 dwelling units 'per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 19. Subsection (1) of Section 40.206, Code of Ordinances, is amended to read:
Section 40.206. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development within
multiple-family residential 24 districts nOL expressly regulated elsewhere:
(1) Maximum density: 22.5 dwelling units per gross acre or as permitted by the
comprehensive land use plan. whichever is less.
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Section 20. Subsection (1) of Section 40.226, Code of Ordinances, is amended to read:
Section 40.226. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to development within
multiple~family residential 28 districts not expressly regulated elsewhere:
(1) Maximum density: 26 dwelling units per gross acre or as nennitted by the
" comprehensive land use plan. whichever is less.
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Section 21. S'ubsection (1) of Section 40.245, Code of Ordinances, is amended to read:
Section 40.245. Dimensional and numerical development requirements.
Unless specifically preempted by section 40.246, the following dimensional and numerical
requirements shall apply to all development within mobile home park districts:
(1) Maximum park density: 9.5 mobile home units per gross acre or as pennitted by
the comprehensive land use plan. whichever is less except that such maXimum
park density shfl:H-.6c 7.5 mobile home units per gross acre for Mobile Home Park
Districts which ar-c classified resiElentinl urban on the co~.
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Section 22. Subsection (1) of Section 40.261, Code of Ordinances, is amended to read:
Section 40.261. General Description.
The planned development district is created to provide an alternate method of land
development for the purpose of achieving one or more Of the following development objectives:
(1) Preserve' significant environmental or topographical site features;
(2) Accommodate a mixture of compatible uses on a single parcel of land;
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(3) Accommodate buildings with exceptional setback or separation provisions through
strategic site design;
(4) Accommodate a comprehensively planned and phased development or
redevelopment project which pr:ovides for interrelated uses, circulation patterns
(both vehicular and pedestrian), building orientations, parking areas, architectural
motifs, signs, open spaces, vistas, amenity areas and like features which
positively contribute to the development or redevelopment area and the city.
All land assigned this zoning will require concept plan approval by the city commission.
Such concept plan shall be reviewed by the city commission in conjunction with any application
for planned development district zoning or rezoning and all development shall occur consistent
with that concept plan as approved by the commission or as may be subsequently amended by
the development code administrator or city commission in accordance with the following
provisions. Any amendment involving increases in int~nsity of use (as measured by residential
. density or nonresidential floor area ratio), increases in structure height, or decreases in setbacks,
open space, or buffering as shown ant he approved concept plan shall be approved by the city
commission. Other amendments may be considered mi..,or amend~ents and may be approved
by the development code administrator, unless determined by the development code administrator
to be appropriate for commission action. The minimum requirements for concept plans shall be
the same as for preliminary site plans under chapter 43 or for preliminary plats under chapter
46, or both. as applicable, except for master planned development concept plans which shall be
as specified in section 40.264. These minimum requirements may be modified or waived by the
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city commission in considering the application for a planned development district~t.tlaf;
Hie-f-equi-remems-feHhe specified subentegoFic3 of the-re*ientifll-plfln~leflt-t:H5tflet
mil y coftSi5~'sti-flg-pJat-ef-6WflefSltip-eeetlments.
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Section 23. Subsection (1) of Section 40.262, Code of Ordinances, is amended to read:
Section 40.262. Subdistricts.
The planned development district shall comprise the following subdistricts. Subcategories
for msidcntial plar.ned deYelepmeflt-fHstflets arc provided for application to existing-single family
subdivisions only.
(1) Residential planned development district (RPD). Specific subcat-cgories for
existing single family subdivisiens or lots may include- the followingf
Subcategory Dirncnsionallll1d Numerical Requirements
RPDA
RPD l3
RPDC
RPDD
RPD.I:
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Maximum density: 1.0 dwelling units per acre; minimum lot aren, width
Ill1d depth as platted; setbacks, maximum height, maximum building
eovcmgc, and minimum open spacc shalJ meet the dimensional and
numerical requirements of the RS 2 zoning district.
11Ilxirnum-tlensity: 2.5 dwelling I:mits per- acre;
minimum lot area, width and depth: as plnttedt
setbncks, maximum height, maximum building
eoverage, and minimum open spaco shall meet the
eimenmsional and numerical requirements of the RS
4 zoning distIict.
Maximum density: :!.5 dwelling ltnits per acre;
minimum lot area, width and depth: as plattoo;
setbacks, ma.'Limum height, maximum building
coverage, and minimum open space shall meet the
~e~al ~6-mtmerical requirements of the RS
6 ZOli1~ dlstnCt.
Maximum density: 5.0 dwelling units per acre;
minimum lot area, width and depth: as p)attoo;
setbftcks, maximum height, ma.ximum building
coverage, and minimum opel'!--Spilee-5haH-mect the
dimensional M dnumerical requirements of the RS
Hallin g distfiet....
Ma.ximum deflsity: 5.0 dwelling---tHtits per aere;-
mffiimum lot area! width- RIld depth: as platted;
sctbacks, mretinlttfH-heig-hr;-t~
eavernge, nHa--mtnimum-epen-spaee.....shall meet the
ffimeft5ienW--ant!--mtmeriettJ-requirement5-6f-tfte-
RS 8 zoning-di5Hie~
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Section 24. Subsection (7) of Section 40.546, Code of Ordinances, is amended ,to read: --
Section 40.546. D~ensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all development
within public/semipublic districts:
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Maximum floor area ratio: 0.7 'for properties with transportation/utility plan
classification; 0.65 for properties with institutional plan classification, except for
hospital uses which shall be permitted up to 1.0 subject to the bonus provisions
of the instirutional plan classification ~.
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Section 25. Subsections (2) and (4) of SeCtion 40.586, Code of Ordinances, is amended
to read:
Section 40.586. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to all development
within Preservation Districts:
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(2) Maximum Minimum floor area ratio: 0.1.
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(4) A 25-foot wide vegetative buffer shall be provided in accordance with section
42.28 136.029.
Section 26. Paragraph (b) of Subsection (6) of Section 42.06, Code of Ordinances, is
amended to read:
Section 42.06. Transfer of development rights.
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(6) Density/intensiry.
(ar. For parcels receiving density/intensity transferred from seaward of the coastal '
consttuction control line, the density or intensity of uses available for transfer
shall not exceed the maximum allowed on the adjoining property.
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(b)
For other parcelst as approved by the city commission in authorizing the transfer,
the density or intensity of uses available for transfer shall not exceed one unit per
acre or five perc~nt floor area ratio or both as is applicable based on the use
characteristics to be utilized in the receiving parcel. for the area from which the
density/intensity is transferred (sendinl! parcel) eonsistent with the
density/intcnsity stflRdw"ds of the-ftpplicablc--i:oning districts and comprehensive
land use plan cJassificatioll3.
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_ Section 27. Severability. If any provision of this ordinance or of the comprehensive plan
or "amendments as adopted by the ordinance should ever be adjudicated invalid for any reason,
such provision shall be deemed severable from the remaining provisions of this ordinance and
the comprehensive plan and amendments to the extent that the remaining provisions may
independently be valid and enforceable.
Section 28. Effective Date. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
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Countersigned:
CITY OF CLEARWATERt FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Elizabeth M. Deptula
City Manager
Approved as to form and
legal sufficiency:
Attest:
Pamela Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Pt.N'lPI'C')5Idc.ORO
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AlXi-01-1995 15: 24 FROM PLr:l~ I NG &. DEUELOPNENT
TO
0488 p.m
CITY OF CLEARWATER
lnta'department Correspondence
TO: Belly Deptula, City Manager R e. -=t 10
:mOM: S3Dd1a a Glaltbom, Centml Pennitting M3rJ~f,[)
SUBJECT: PPC Consistency Program ~ PZB Action on August 1, 1995
DATE:
Cyndie Goudeau, City C1erk~ Pam Akin, City Attorney~ Scott Shuford, Central
Permitting Director
August 1, 1995
COPIES:
On August 1, 1995, the planning and Zoning Board unanimously endorsed the ppe Consistency
An1endmcnts as reconunended by staff. As this item is scheduled fot Public Hearing and First
Ordinance Rcadlug by the City Commission on August 3, 1995, I am sending tbis memorandum
to be included with their materials for review.
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AGEN',DA'
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ITEM #' 11"
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ORDINANCE NO. 5832-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF SUNSET POINT ROAD HEST OF ABBEY LAKE ROAD. CONSISTING
OF PART OF SEC. 5-29-16, M&B 14/17. WHOSE POST OFFICE
ADDRESS IS 2965 SUNSET POINT ROAD, INTO THE CORPORATE
lIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF
. THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN
'EFFECTIVE DATE,
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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 C,ty 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:
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Commence at the SE corner of the NE 1/4 of Section 5. Township 29
South, Range 16 East. Pinellas County, Florida: thence run
N89041'19"H. along th'e East-West centerline of said Section 5,
150.00 feet to the P.O.B.: thence continue N89041'19"W, 177.00 feet:
thence NOoo02'35"E, 250.53 feet to the South Right-of-Way line of
Sunset Poi nt Road: thence 589036' 37" E along said South Right .of ~Hay
line, 177.00 feet:thence SOoo02'35"~J.. 250,29 feet to the P.O.B.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20, 1995
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Section 2, The provisions of this ordinance are found and-determined to
be consistent \.lith 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 shm'l 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, \vith tile Clerk of the Circuit Court and with the County
Administrator of Pine1las County. Florida, within 7 days after adoption. and
shall file a certified COpy with the Florida Department of State within 30 days
after adoption.
~;ta Garvey
Mayor-Commissioner
Approved as to form and
leg 1 SUfficiency:
I
Attest:
Cynttiia E. Goudeau, City C1er'k
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PROPOSED ANNEXATION
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o 18654i>' 1880...
~ ,/R859I 69 ;
65 1876 ~ t
01
i :66 _.~a/,
u.. 67 /' /- tp~.J
60 "<s>.ro / c, "
~..{<.- ~ "''''.so) J "'"
<::)<P "'cS'.r.,..1 .~
60 .q 59 ~
3: '877 '876
iE
C
42 58
'871 1870
I 31
f-
VI
1852 W
a:
o
u..
43 57
'865 . 186~
'858
'85:4~.5~'
45. · 5~ .
'852
1853 ~..
o
.0..0 f8~6
mJit.-.. , J) ~ (" CD ;;: ~S'~~;'~i'! ~~~~~.~. ~I~~~
fJi~i1'l Rl ~ ~ ~~ .~...,l\9.:$l.'&;t~~ !:.'1{~) ::'~l ,';l~_'" 8~
:t.~:,.."~:t: QII ~,..CIj~'~'J" :.l'~~.I:~)Oi ,or.. ~~~.-.-:" if;.: :J;~;l/'
..02_~. .~~ "'l ?:'~. ~l-~-r.:)~ ;~1:.~:.....r;",$;T " "~""'_""~;
..~....---::- __. .w ".... ~I ..",~~.;r~...;"!"2 ~. ...#.......;........_...J ~,y.'" ~..-
',".'''' '.;',':..' If) Ii) -jk''t..Ji.l'~..:r.''f::'}' ~;":'I~~~'~f~<t'::' ~'it"~.~~::~
,J ti}' ~ ~" C r)" .~ ~,--;i~c'{i::::;' .~~.~ 1.+ /.1 ~~ ~ .~'Lf~~
. .oW'lI- :\..To:: :1;. r~~..., ... ~. ~...'~'';' ~J.:;~;p:,.-:..- I.. .~.:,.. F.i.o';~1.
_-. "", ~-.... .... 'i:- -...a,olE:'\....~r.'; J: -."" ~'I"I1,;(.:~' '" ~1ol'\U,~.~l
\~:;",l\~~'" ... I~ i~:n."'~ .:....~~.:~ ..,;..:.........r..~~~ - .._~~
.~,..~ '.~ f~..., I tc :; .:~:;....,:.:~.... i7~'ft~' :;... ".I.'':'_~~:.''t- r~!fl\;f..r;~cr.-I":t'; (~
~t~~::'i. - ~'\.;t~~~{-..t'd..~' ~~~~..L I~~ ~:-;..~,,;IWI\.. ~
~ ",~"~~' \'"I.tr:~~~'...:~.. ....-!'~oz-,~i\..l~~ .. -~.... -~.
,z.A... ~.:J~._. ,,~":-"__~! ~ ..J1::',..,~~~..~ :c:_ ~..<~, t~ "-r~..:r.~~:a,,;.L
~~~. I,~~ ~. -10 11 i
!.P -~ll! 11 \ ').. 0 16IJ7 r j'\16
:~~~ .' _:.:-: tS8d\ I 1882
1"'....-:- "~ 1/
,~;.. .. '} ~o 881 ;;,
'ir"'~"'" :;,:: 12 D9,~ _ ~ 35
:, _ . '9, . ....- A "::'A I ! 1876
-5'(-~ . . ,; .~ 1880 a: r...... ~;I "'- 81
.l1'~~ ".~~~t 187~ Cl 1876 II II __ _ oD' 34
~~~ ~. "\: - - :
;!~,~~ .l Jr.~ CASTLE WOO bs I 1870 ~
{.~~;-~ ~;~ \ 1I1\\t:. 5; 33 ~
;t: ~~it'ir')fii~~' \ 6 '186 ~
;i;~~~.~:tl':':1<Ilr.: 1 4 '869 7 w :
~;'-.~.a:1;lI:~~.:'\.~ 1868 ~ ~ >
~..~t~ . ~~\'l~ ~ 9'J iE, 32
. .:",!;. .' ..........~~ ", "I Cl '
1~"I'l!". ~1':!..."~~ C 1858
.~~W. ~$:!\..;::: 15 r86:? ASTlt WOODS LA:il
'1~-1~c:.:.w~~tf/M'. ~
'. !.:),-\..; ~f~" ifi:;c~
. :-..~.{;.l;;I'X\'~Jl,.J~. ~
..,~ I" '. :}.'..;.... . '857
.I~~~!..:.~ "'~~m 2
'f:;SZ- <i!~"~];;' 16 1856 ~ 87-13
.~~:t..~ ~'S:~ u
'1:'~:~1' If,l~'1~~ ~~:
..'.;) ,t.*'iil.l;:.'
P~i!l~~ ..~~~.~~< 17 1860
::....... ~J.:...~~P.'~l~ '(':
."" I -"Yl~:"';. ~...~ ISO
~
~.
~
ell
5,
46
le<#7
4
1811 r1~
0....
4; 48
30
18~6
53
18~O
29
18~O
52
'8H
LAND
PLAN
'\
CLASSIFICATION and
A. q rs -07 .
USE
OWHER
APPLICANT
f'A Co lY\ U LL ~ N )
A.. IY\.. Et E. D
. .....
'LAND USE PLAN
. ,
ZONING
R~2:-;.:
~OUNTY RE:SlDEtJTl,AL. LOW
CIT,Y RE'SIOE"I\JT\A-L. LOu.)
RS 6
PL.....HHIHG llnd ZOUlt/G DOARD
PROPERTY DESCRIPT10H
m ~J B I Y I l 7
I RIGHT OF.W",
C I T Y C 0 hOA I S S 1 0 H
P(
UP
62
1877
72
1888 l5
;".r
....,..q. .ih
ZONING
Lo'2. ACRES
ACRES
SE.CTIOH
'oS
,OWl/SHIP 2q S RAHOE \ 6 E
lXIIUI L r 1\
ATLAS PAOE 155" B
I
I
ORDINANCE NO. 5833-95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF SUNSET POINT ROAD WEST OF ABBEY LAKE ROAD. CONSISTING
OF PART OF SEC. 5.29-16. M&8 14/17. WHOSE POSi OFFICE
ADDRESS IS 2965 SUNSET POINT ROAD. AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
~JHEREAS. the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
. reasonable. proper and appropriate. and is consistent with the City's
comprehensive plan: now, therefore.
~
. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by designating the land use category for the
hereinafter described property as follows: ·
Prooerty
See Exhibit A attached. (LUP95.08)
Land Use CateQorv
Residential Low
Section 2. This ordinance shall take effect immediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5832.95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20. 1995
'.
Rita Garvey.
Mayor-Commissioner
Approved as to form and
legal SUfficiency:
tL~
Pamela . Akin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
"L' '.
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LEGAL DESCRIPTION
1
L
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i
Commence at the SE corner of the NE 1/4 of Section 5, Township 29
South, Range 16 East, Pinel1as County, Florida: thence run
N89041'19"W. along the East.West centerline of said Section 5,
150.00 feet to the P.O.B.: thence continue N89041'19"W, 177.00 feet:
thence NOoo02'35"E, 250.53 feet to the South Right.of.Way. line of
Sunset Point Road: thence 589036'37" E along said South Right.of.Way
line. 177.00 feet:thence SOoo02'35"W.. 250.29 feet to the.iP.O.B.
I .
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EXHIBIT A
i~~~~~~E~.f~~~4 ~~-~6" ~~'\ 4.
~~ itf'~~a:tl~~.:..~:r:~.J"' r--.-. 'J1~~ .. ~...
~~ ~.~~~~I~~'~~~ ~ ' ^
~ ~ "'l~~~~~1 7~' i'"~ ';:? J . -
,,:.,I~~ :f.J1 W:.l}~r~ 6:~~ I 1 ~ > --
!\i~" .... . ~-:all' t. ;{;~\(tl~"'''' "3~ t!:. I!U::J .3 .
'. ,If" -r:L:ij ,'.U':'~U~.~ ' ~ 0 tlO Fh'RE t'lIT
~~. r~R~.._ ~ COURT, I- EST. ":2 a: f.J, ~
i,'illlf" 1~11:: ~~ . 6 ' . - . 0:: . . I ,.. ~ 063 84 65 ..
"'\: . n~!~f~\~ ..",. ......., ... G) ...., a ro.; ~ N
~ . ....}i#t;rP.lr~~" .J1;.~' . 10 ,':~':"'.::,' 0 ~ '=> ti Q 0
i'I!~' .: ..:-..f:::C";I;':I~'~1 ;i?~. ~~)~,,~ ..,~.~t.;.;:J ~ 0"1 "l .., "l
~, C'I,"~.:4J ~'!I~~"t4~~ : t:l ':J~, ~~::. 0 ~ ~ ... PRESTIGE
" " I{" ,:..:.;:~.. . ~.., ~,-.." =".' '._" 0
'ot! ... J. _' , .. ~~~' ,..,
~~"G . 14/13 ~1~~...."" ~QL:"_ '. ::\,l'j:: cr ,,,.. ";~1 ~ ~ Q ~ a ~
~ - "'ll U) ~~~~~t'~A:~ .'~ ..".~.~ m ~e2 OJ '60" 79"'1
.~:;, ~::,..".. ;-,:.,.~~;. " ~t"~.l~~ '~ 99...:.J 7-"3" " ~ _ 81
.,.;~. H: ~ ..... (j) ': . r"ifJ..:~ l'~~~c;-.. . 0 ..," _ ~ 1~ T ADD.
~ 1. C.R. 57~' .. ..", ....,.:~~'~~.~. ~ \ 8
.";-:--:-."''':-:;-;- .~~"_..::"::::.;'"'.-::,.;;:;:.
-
! N I
N
HUMt:.~ 1 t:....u
~~~/ ~
I "3,
86 ~OOI 68
.87
,g ,,~
'=> Q
.... . .,
;;
l:)
.., 32
to.
0'1
~ 33
'"
...
l:) ,
11 .
30
ESTA"ES
J l
8,:, ~ ~.q ~ .~~: ~ ;
". ~ g. g
DRIVE -; , ,
\
I
.... llO [-.
.. Q
~ f5 .,-
CiS! I
~o
(,:)0::
t;
'=>
'O'J
.,
..
'=>
76"l 75
..
.,
'=>
.,
78
77
70 -78
SUNSET . R
Pct,JT Q,'\)
FO R I!:srrl
37 38 I..... 39
~ !:! I ~
<:> l:) i CJ
.., ... "l
5
70 worD
~ 169f 2 .3
~ci ~ ~
o ... ,s,,,,~
~ ~
~ DRIVe:: N ..
~ ~B8J 69-17r\~
61 I 73'" ~
50- '883- I 1892
~ 1877 62 I 72/888 ::
a:: 0
a
6
PC
~!tl" .(i)~ ("CD ~'~'~~mrr.)~ fi;~"""---~~~~
~~ . ~ IlIl' ~ ~ ~i ~~. ~'~ ~l,ft.~r.....}l~':-:l,"i ;';Ci:.!1!pt~
:\~o 1': Qlo 'r: :e.",.. ~~""'T b', ~"3~.:.r~~;.."" G'..:..if1;tt,:;:l'~
...ol~ _, ,_.' . ~:- t~- .. I~'-~ ~-!:J!',:'''':7 ~';f...~" ...
...~~ ~:-j:. _ N. i:. ~~u.:r~;;~w '~'r;~,:,,:~lo:'7t.~ ~~..< ~::~'? :5
~'1 t' ~(2~t) '!? <<" ~ < ~~[t,iJ;t~~~"*,~Ji; ::;~?84j.;"1:~ r:rL~~~"ia.~ ~~-
-.Ii.. ... ~ _""""-- " . - .........~-~~ ~,...w-..~ _'\" . J"' .~r;. .... Jo'
.. ...lO\;r.; 2- _ t;! ~"""--u...~,;,r;o...'.., yl:;;;....~_.. ~ !~-I ,..~~1;
. p", --" ~..' -~-':\::"""t."~~ "'.;....,J:.....!7f.''-. ;.:;!~..~~(
~'~~f~~''; .- fJI:'- -.f'o~~-;,~!":.t~,~ :~~pf~~,.,~ ::ft~~~
.''-:-~.' I -::; ...'f~~ .'1..-o:....~u~ ,..eo .---1.\."..... ~"""'''''-';'''... (~
~:-":'".L-~~~. ...... ...,..lHt.'t~~,.,.~, JC':~..~J.L-:f. f:,. ::a~~~ ~
~..:,J'_~' T !.;~~1i7;.-<'..:~C; ~''it~''~~ ~ "It!
~~~:~~ 11 18'8)""'~~ -"io< -;1...... --. .~a::;;rl: )6/~82
~ _ ~ n~~ ~
h1' . ; '}!!l~ (; /
~~~.~., ~ 12 <<0 881 9 ~:.35 :t:
't-:!_)~ . ~ 1880 _ r---.... D'~ f4~~ 1876
~~~ ~~i 18U ~ /876. .....;- I... ~ [ 34-
:?iij . ~ CASTLE \ 11TOOJ....S Ii .'870 w
'_~;";;'~J.\\!~;:'k';.: \ n 1) >
::.~..;~~~~~s \fI~' ''1:.3 a::
!~:'~~""'-~l 2\,.: \ \ 6 5 \.... 0
;h~~1$ir~.~i:i:. 18~9 7 (86-1
:,r-;:-;~1~:lll::~r:: 14-'" W :
l+".'-S.~~t "'", 1868 ::: ::: ;>
:~:-~f.~~.~.)~ ~ g: C2 I
!!.fi~E'~; r:.. ~ Cl :
,..:.:l~' 'Ce:~~'I
.t:..'i; =.,...... ",-k: ~fI!l'ity~. I
. l...;.~-,,~.t;., t,"
'-:;~i;r:il:EfM~
~"i':it.~~.!' i. j.~'~~,:
f.... i!.....i-~
T:.~~~ ,<\p.),~~!~
.1~'T ~ ~,\i~..t
.=-,~:rtc:r 'T~~.,'l..~;
..~~:.W~i~~'
~tj~i~~1Ti:trl!~"
O".~~l!.!Pl.ij;'-:
"'~I'"f"..,'r'.~~.l~;
OAK FOREST
ESTA1ES ~
40 60..,
1883 --,8SZ
59
'876
41
1877
'871 6.3 l.&' te8-1 I-
In
0" 70 ~
8 18654l 1880 u..
~
58
42
f8U
18'70
43 57
'8&5 : '86"
'858
.14.......5~-.
'859 ~,._~
45 -.- .. iP" L---
1852 Vi
QY I ~
,<-..0 IS~C. u...
1ji;1
n65
......
66
1853
69
t
1876 ~ I
~8 .
...OJ> /
"'0
....,...,...1
'?
.32
1858
31 t-
r.n
185 :! w
c:::
0
30 u..
18~6
29
'0"0
1853
~
~,
~
01
3.
46
18~7
4
18'" .....41
oy
~48
67
ao l);:<P
<1'0
~~
<:)
"'<94') 3
53
18~O
"'<9 1 4-
<1'""
/;
52
183~
......,.q. ,=.
PROPOSED .ANNEXA TION
..
PLAN CLASSIFICATION and
A. q j - 07 .
':ZONING
. LAND
USE
OW HER
APPLICAHT
f'(\ c:. MULL E tJ ) . A.. (Y\~. Ei E. D
PROPERTY DESCRIPTlOH
. .
'ZONING
'R.-:2..-;..
;LANb USE PLAN
J)\ 'Co, \3 I 4 I I 7
;QUNTY RE:SlDEtJTtAL lOW
I RIGHT OF. \'11_'
CITY COMMISSIOU
\.0'2.. ACRES
C IT, Y R. ES IDE f\J T \ tor L L 0 uJ
RS 6
.....CRES
PL-A-HHIHG ~nd :OHIHQ BOARD
ATLAS PAGE 155 B
'05"
TOW~~SHIP '2,q 5
FlANCE \ 6 E
SECTIOH
-
II
:h.o;,> "
ORDINANCE NO. 5834-95
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT
ROAD WEST OF ABBEY LAKE ROAD. CONSISTING OF PART OF SEC.
5.29-16. M&B 14/17. WHOSE POST. OFFICE ADDRESS IS 2965
SUNSET POINT ROAD. UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS SINGLE.FAMILY. RESIDENTIAL 6 (RS-6);
PROVIDING AN EFFECTIVE DATE,
Ig
WHEREAS. the assignment of a zoning district classification as set forth
in thi s ordi nance is found to be reasonable. proper and appropri ate. 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. ;s hereby.zoned as indicated ppon annexation into the City of
Clearwater. and the zoning atlas of the City is amended. as follows:
.
Property.
Zoninq District
See Exhibit A attached. (A95-07)
Single.Family Residential 6 - (RS-6)
Secti on 2. The Central Permitti ng Di rector is di rected to revi se 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. 5832.95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20 J 1995
Rita Garvey
Mayor-Commissioner
Approv~d as to form and
legal sufficiency:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
I
III
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LEGAL DESCRIPTION
. i
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II
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Commence at the SE corner of the NE 1/4 of Section 5. Township 29
South. Range 16 East. Pinellas County, ,Florida: thence run
N89041'19"W, along the, East-West centerline of said Section 5,
. 150.00 feet to the P.O.B.: thence continue N89041'19"W. 177.00 feet:
thence NOoo02'35"E. 250.53 feet to the South Right.of-Way line of
Sunset Point Road: thence 589036'37" E along said South Right-of-Way
line, '177,00 feet:thence SOoo02'35"W:, 250.29 feet to the P.D.B.
, ~
EXHIBIT A
'.
~.,;~..i .L'_':':;'':~'J~l~ t~J..',.~'~".... v.u....~ "...~........,
'--' I..... '1'$'" :'\~ 0'.__. ~
l"~-I"~"'l.: \.<... ~,~..::.."':' 6 ~ 5 '\ 4
. ~. ;.~~ ~i!t~':i!!"" - ' ",p ~"". .."
......1~~,1 I,.;~~t,'~ 10..' 32:.... ---- ....~ '^
'.":11.; .~ 1JIi~~:'.J. '~:;.z;.~'\r" -
.n"" ~... ~'~ro;~~"'J. fi:I ~..~.r.l. H -.;....:
;:~ ~r;j~;~~~~~~~t ~9.' \' t)?) ~
-::'''t.I.\~ '1 ''W'~l}.y'''''l ;r~.~~~ - > --
;~~_.. J>> ~id'~ l~ ~~~\tj,~ 1936 t!::.. 1913.3 ci
~~ -'li-:.;,t:~~~~~l(!<:}:~ COURT ... EST,' ~ a: 30 FJREST
~n~ 1m~~~~~~1 8.. "I~ ...... .~,~ ~ ~ g8J ~4 85 ~ ~
~1&1' ~~;t:::i il'Al--""'" ~J ~~~.'.3~.,'q~,f;J '. ~"-:~:'" ~ ::J ~ OJ., PI"
:';l"" ..: -.~ ;. ~1~~~ :~~~i~...~ ,W 1331 .1.,~' ~ >- ~'~ ~ PRESTIGE
~l ... ~ J~~~~:g ~~n.-I...~ .:r-::.~~~ ~ :'.;:;,. 0 UJ
II~~ "4/103:, t~jl~ Fli~~~~~; .~ .n"" ....~, ~ ~ g ~ a ~
- !ll "( U) . ~~~ . ~X".x..-'!!Ij~<;Olt.~"'AC:. ' ....~ m t>J82 0') '80"'1 79"
'~~i~a:~ ~~}~~~~~~Wi! ~9g::j73~~ ' lST81 78
~ . \,J"J ~*::-: ~",....,,,O""\;;....,.... .,....ID '-1 ADD.
/. C.R. 576' '~"7 '~,::,:'
l.:.JQt~ ; gI)-!~
i~;-;~. ~~
"1' =-- "'1...~.r:'t;~
.,.. ~ .f...
. . .... ^-'-~
h::::~ . . ..-...,.~
, , 2:fl'. ~. ~
';~:'''~';r,. '. ~
..'i?+;')>~H-; "'.. ;2.;
....~ -t'''r~:'I l...t.I..
..~~' ~i/'i t"
.~t;~!.f - ~
. .:.:~.,.l. ~,~
::~~~~~ . ~-r~
~. ~~."'lt:~i~;1'':
.:rl~~'f~it~.~1:
:~ ~~~~I~~tJ~JC;Il~
'~:I'" ~Q~
.,.:;~:.:. .~=;;
, 1.:;:I-!!o'. "~"'l~..'C
'\......~-:,', ", ,....~~,
:..~W- ,....~(;:Jl'-;O;.
~E-,{ ...~l;~~qr~:
'.:".l~~1~~' nl,-j~.
~....}.-'.. J. ...L.lV....-~.,
~..:.,..1\... ~.~I~
'f~~' ..~;;!.~
>,~[;.~. f..~).3f~
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:-: ~,l~~~~'fi~
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r .,
N
N
-:"""'"".~." ..-,;.,~~. ~.:~":':::~~::-:
~il')-,.~..-r....;.; ~ .......
.. Q; ...
~~,~':1?~')! ~s:\~~
.t.t",..,-w~~~ U'.-co;.f#....~'--.;J
:+.'l:" :.;..-r.--='-: ,~ .~'t'!'~~".
)oo(.m.~-rf:-';" ~-~_....-'
~@it~'i\? ~;;~
S.~~;;"g.~~._. !:- .~~i::.;~
~""'''',s.:"'"'''!7.''':-~ ~~::.'~""~,
=~;~;'n.~~l'~ ~ft.:P\t~
..... .-.......'.\;'.1- "-""~-""!.1.;"
t~,:~'~:::r; ~;,~':~
"C:::.....'6~'t~ ~!t:I~!.
-"'-~ +:~-~~
~
~-
Cv
#/~I
86 V, oar 88
.87
a
...
a
..,
30
8
SU~SET . R
Po l tJT Q.D
FO R H:STI
37 38 I,.... 39
~ ~ I ~
Q a i a
to> ., ~
..
.,
C)
.,
S
70
~ci
C
l-
V)
W
~
I.i...
HOMt:.~ I t.AU
;;
<:>
.... 32
....
...
~ 33
.,
...
<:> ,
... +
"&~~ "A(j)t.~~~-<~~
:~;~!1~1 ~~...., ~ ~ t:-:;!l~-t.;.ir-~~
"";;r;.~~' . "l t:' ~~~~~.-~e-)'~
:.~~. ~-::t='"~ _ ('.I' ~ ~,....~...~~t:-i':"~~
~'t j1' '2'" ''::'. I(') U1 . c,~1-411S.:,.:.i:l--;i2-
.,. "'u.;. _ - :.r: '\.~~'t,;... '-...-.."'~""'-~
t... .. 4 ~ _, " ,~.............QIIIILo....-.;-,~~
'lllEoI'l!: :r~'"~ "IT oqoo ~ Ir\ ~4,;:........;..~.t~~ ......
. r. _. , .~J.C'..,... .~,__......
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OAK FOREST
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~I I 59
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PROPOSED ANNEXATION.
LAND USE PLA~-J CLASSIFICATION and ZONING
OWHER
APPLICANT
IY'\ c. fv\ U LL ~ N) A.. M _. E1 E, D
;LAND USE PLAN
. .
'Z: O' N lNG,
A. q CS -07 .
PROPERTY DESCRI~TIOH
m~1 B
14 J 17
~OUHTY RES \0 EtJTlA L. LOW 'p.,-2...
... . "': 1 , 0 1.. ACRES
CITY RES IDE f\J T" \ A L LOW RS 6 RIG H i OF....(AY
: ACnES
.
PLAHHIHG land =OHIHG BOARD CITY COMI.IISSIOH
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SE.CTION '05' TOWHSHI? 2q S RANOE 16 E ATLAS PA OE 2:;5 B
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ORDINANCE NO. 5841~95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING
TO BUSINESSES AND BUSINESS REGULATIONS; AMENDING CHAPTER
29, SPECIFICALLY SECTIONS 29.21 THROUGH SECTION 29.58,
CODE OF ORDINANCES ~ RELATING TO OCCUPATIONAL. LICENSES; TO
RENAME SEC. 29.21 TO CERTIFICATES OR EXAMINATIONS
REQUIRED; TO DELETE THE PSYCHOLOGIST PARAGRAPH IN SEC.
29.21; TO ADD ACCESSORY USE TO THE DEFINITIONS; TO DELETE
THE DEFINITION OF CONTRACTOR; TO REVISE THE DEFINITIONS
OF RENTAL UNIT AND RETAIL MERCHANT; TO REQUIRE AN
OCCUPATIONAL LICENSE AND FEE FOR EACH BUSINESS FOR
,PROPERTIES WITH MULTIPLE BUSINESSES; TO EXEMPT ACCESSORY
USES FROM OCCUPATIONAL LICENSE REQUIREMENTS; TO AMEND THE
REQUIREMENTS OF WHEN AND TO WHOM AN OCCUPATIONAL LICENSE
IS REQUIRED; TO REPEAL SECTION 29.58, THE .OCCUPATIONAL
LICENSE TAX FEE SCHEDULE; TO CREATE A NEW OCCUPATIONAL
LICENSE TAX FEE SCHEDULE IN APPENDIX A OF THE CODE OF
ORDINANCES; TO ESTABLISH AN M>MINISTRATIVE FEE FOR
DELINQUENCIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established the Equity Study
Commission to review .the occupational license fees and
ordinances;
. WHEREAS, the Equity Study Commission has reviewed the
ordinances and fees and made recommendations for change while
providing an equitable occupational license fee schedule and
ordinance; now therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 29.21 is amended to read:
Sec. 29.21. ~ertificates or examinations required. Specia~
requiremento for certnin occupations.
(1) Ccncl1ully. No occupational license shall be issued to any
person otherwise required by ordinance of the city to have a
certificate of competency or to have passed an examination before
engaging in a business or profession in the city, until such person
has exhibited to the city manger proof of having the certificate or
of having passed the examination.
(~) f1sycb.ologist. Any pcrDon Decking an occupationo.l 1 icenoe
to function aa a psychologiot ohall apply and complete the
application form made available in thc office of the lieenoc
4flspector and shall demonstrate that ouch peroon io the holder of
<l doctoral degree ....i th <l maj or in psychology from an .:rccredi tcd
university that h<ls a program approved the American I'oychology
Aoooeiation or a doctoral degree in poyehology from a univcr3ity
m~intaining a otand~rd of training-eemparable to those un4ver3itiea
having program approved by the American roych&logy Aosoci~tion ~nd
has had at leaot two year a or q,OOO houro of full time expcrience
in the field of po)-chology in aO:Jociation ',dth or under the
supervision of a poychologiot poooeooing the academic requiremcntn
oct forth in thi:J oection. No morc than onc ycar of predoctoral
. 1-..,. ~. . .&:' '"' \.. . . 1-.
cxpcrl.ence may we utl...lze.... 1;n oatlo..Yl.ng .......e eJtpcrlence reqtilremen...
oct forth in thio ocction. Ao uscd in thio aection, the practice
of poychology Dhall mean the rendering to indi vidualo, groupo,
.. \.. \.., . ." , "~ ' .&:
organl~atlono or tue pU~_lC any QCr\-l.ce l.nvo.vl.ng app~lca...lon 0..
principlea, methodo and proccdureo of undcr:Jtanding, predicting and
influencing behavior. Included arc the principlcD pertaining to
,. . ,. l- \..' 1 ' . ..:!
~carnlng, perccptl.on, motl vatl.on, .......In.clng, cmotlon an....
interpersonal relationohipo.
Section 2. Section 29.24 is amended to read:
Sec. 29.24. Definitions.
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Accesso~ use means a merchant use which is clearly
~ubordinate to the principal business use. is owned by the same
~iness owner, and has a cost value of merchandise of $500 or
less. . The cost value of the merchandise shall be governed by
Sections 29.45 and 29.54 of this article.
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ContrC1ctor meano any peroon ,..ho ahall a.ccept ordcrD or be
engaged in thc busincao of accepting ordera or contracta on a coot
pIUD, fixed fce atated oum, percentage baoia or any combination
thcreof, or for compcnoation other than wage8~
(1) For doing ',iOrJr. on or in any building or otructurc
rcquiring the UDe of paint, stone, brick, mortar, cemenE-,
-.'iood, structural otecl or iron, ohect iron, mctallic
piping I tin, lCild or a.ny othcr building material or
equipment;
(2) To do any paving or curbing on oidcwalko, on otrcct8, on
public or private property, using aoph.:tl t, brick, atone,
cement or wood or any other material or combiniltion of
matcrialo;
(~) To excavate for foundation3 or any other purpoacj
(4) To conotruet 3euer3, ocptic tanks and docko;
l5\ T"\' '"
\, ~rlVC pl~lng;
2
{6) Conat7uc~ bridges, OCD.w::tllo ::tnd bUlltheado of any and ~H
de:Jcr~pt~ono;
and who io engaged in the busincoo of building, remodcling,
. i . a'~' i a fi' . ·
rep::t~r ng, [ur con ~ ~on ng an eatJ.ng, ra2l~ng or mov~ng, ....hcthc-r
it io by contract, fixcd fce or l3ublet, percentagc or any
combination thereof, or for any compenoation othcr than wagco.
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* * * * *
Rental unit means any residential or dwelling~ room,
apartment, hotel, or motel pni t, motor court, cottagc, cabin,
co~',,~alcoeent home roem, mobile home PQrk, townhouoc, hospital,
office or other ouch unit as may be rented or leased by the day,
ucclt, month, year or longer:, and located on one lot, plot or parcel
of land.
Merchant Retail merchant means any person or entity who sells
merchandise at retail to ~ consumers or other businesses or for
any purpooe other than resale.
Section 3. Section 29.25 is ame~ded to read:
Sec. 29.25. Rules and regulations.
The city manager may make such rules and regulations, not
inconsistent with this code article, as may be necessary or proper
for the enforcement of the provisions of this article.
Section 4. Section 29.26 is amended to read:
(a) The city manager shall make all investigations reasonably
necessary for the enforcement of this code article.
(b) The city manager shall have the authority to order the
inspection of licensees, their businesses records a-ae
prcmioes, by any ~ city officiale having duties to
perform with reference to such licensees or businesses.
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Sec. 29.26. Enforcement and inspeotion--Generally.
(1) The following persons are authorized to conduct
inspections in the manner prescribed in this section:
I.
(c) All police officers shall be empowered to enforce
compliance with the provisions of this article.
(2) All persons authorized in this section to inspect
licens~s, ef businesses or records shD.ll ha~,,~e the authority to
enter, with or without search warrant as the law may require, at
all reasonable times, the following premises:
(a) Those for which a license is required;
3
(b) Those for which a license was issued and which, at the
time of inspection, are operating under such license;
(c) Those for which a license has been revoked or suspended.
Section 5. Section 29.27 is hereby repealed.
Section 6. Section 29.28 is amended to read:
Sec. 29.28. Evidence of engaging in business.
For the purposes of this article. any person offering a
service or product to the Qublic at a given location b~ any means.,
whether or not a transaction takes place. shall be liable for an
occupational license for that business. .
For the purpooeo of thic ~rticl~ ~ny pcr30n holding him3elf
eut to the public, at ~ given loc~tion, by sign, printed matter,
cl~Dcified Dection, telephone directory, city directory, word of
mouth, or otherwioe, ~c being eng~ged in buoineoD or ~o offering
oerviceo 'or perDon~l prope~ty or the pcrDon~l property of othcrc or
peroon~l property or ~ntiques ~cquired for Dale to the public,
reg~rdleDo of whether ouch peroon ~ctually tr~ns~eto any buoineos
or pr~eticeo a profcosion, shall be eonoidered ao engaging in
buoineso and ohall.be liable for an-occupation~l license therefor.
~ pro~ioionc of this 3ection shall not ~pply to the G~lc by 0.
f~mily or an individual of tangible person~l property acquired by
the family or individual ~nd uDed 0.0 a part of the household.
Section 6. Section 29.28 is amended to read:
Sec. 29.29. Determination of classifications.
If there is a disagreement between the applicant and ~ city
staff on the question of' proper classification for any business,
occupation or profession for license purposes, the city manager
shall decide the proper classification, but the applicant has the
right to appeal this from sueh decision to the city commission,
whose decision upon the point shall be final.
Section 8. Section 29.30 is amended to read:
Sec. 29.30. License required.
(1) Any Ne person who maintains a permanent business location
or branch office within the city tg shall engage in or manage a
profession, business or occupation shall first obtain n~mea in this
articl<<; within the cit-y, unlco3 a city license and pay the
appropri~te fee as prescribed in Appendix A of this code shall be
iSEmcd to ouch persan on receipt of the amount otated in this
article. Such license shall be signed by the director of central
pe~\itting fin~nce director and shall have the city seal affixed.
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(2) Any person who does not maintain a permanent business
location or branch office within the city but who transacts any
business or engages in any occupation or profession in interstate
commerce where such license tax is not prohibited by section 8 of
article 1 of the United States Constitution shall also be liable
for obtaining a city occupational license.
(3)' Any person who does not maintain a permanent business
location or branch office within the city but who desires to
transact a aay business or within engage in any eccup=ttion or
prot::eooion named in thio article '.dthin the .city shall register
with the city manager the license of that municipality or other.
governmental subdivision in which ~ be deeD maintain a permanent
business location, unless otherwise provided by this article. Such
registration shall be accomplished prior to the commencement of the
business. shall be subject to a registration fee as prescribed in
appendix A to this Code and shall be valid from the date of
issuance to the next succeeding October 1.
(4) The burden of securing an occupational license rests with
the principal of a business, but in the event of noncompliance by
the principal, his agent or employee shall be subject to the same
enforcement policies.
(5) For properties with multiole businesses. an occu~ational
license shall be required for each business.
(6) Accessory uses. as defined by this article. shall be
exempt from occupational li.cense reauirements.
Sec~ 29~30. License required.
(1) No person who maintains a permanent business location or
branch office within the city shall engage in or manage a
profession, business or occupation named in this article within the
city, unless a city license shall be issued to such person on
receipt of the amount stated in this article. Such license shall be
signed by the finance director and shall have the city seal
affixed.
Section 9. Section 29.31 is amended to read:
Sec~ 29.31. Issuance requirements for new busineBseB~
(1) 8 Ne license shall be issued pursuant to this article for
any new business, occupation or profession when all applicable
conditions are satisfied until:
~
(a) The application -for an occupational license has
def~nitely stated the exact location at which the
business shall be operated and a zoning official has
verified that such business, occupation or profession is
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allowed under the land develupment code, by ioouiug a
ccrtif.ic~te of occup~ncy/uae pursuant to section 36.061.
(b) The fire chief haa certified th~t the unit which houseD
the buoineao h~o met the requiremento of the fire code.
1Ql. +e+-
Jrl-ffrt-
lrll-f€+-
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The application has been approved by the police
chief when required for the business, occupation or
profession.
The application has been approved by
commission when required for the
occupation or profession.
the city
business,
The application has been approved by the county
health department when required for the business,
occupation or profession.
The application has been
harbormaster when required
occupation or professiqn.
approved by the
for the business,
The application has been approved by the building
official when occupancy of a vacant or
reconstructed business premises is involved.
The application has been completed without failure
to disclose or misrepresentation of the information
required.
. (2) No license shall be issued for any business that intends
to engage in an unlawful activity, as part of its business~, th~t
io unl~wful under applicable bt~te law or ordinanceo.
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(3) 1\11 ~pplic;).tiono oh;).ll be IOC'lde '.dth the aubmittal of an
addition~! fee to defray the cost of inopections. The ~ount of
ouch inspection feeD aha!! be oet by city commi3sion reoolution.
1}l ~ Within 30 days of the submittal of an application, the
director of central permitting shall issue a license or notify the
applicant in writing setting forth the grounds for the city's
refusal to issue a license. The applicant shall have the right of
appeal as specified in section 29.44.
Section 10. Section 29.32 is amended to read:
Sec. 2~.32. Single license certificate for more than one license.
In all cases where the same person or corporation must obtain
more than one license for the business operated at the same
location, that person or corporation may be issued a single license
6
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certificate describing the various licenses represented by such
certificate. In such a case the amount paid for the license shall.
be the same. as if individual certificates are issued. This
section shall serve only to pennit the city to consolidate the
separate licenses into one certificate.
Section 11. Section 29.34 is amended to read:
Sec. 29.34. Applicability to certain professions.
The required tax providea in section 29.58 for architects,
auctioneers, auditors, ef accountants, attorneys, dentists,
draftsmen, engineers, chiropractors, physicians, real estate
brokers and sales associates mea, and other similar professions
shall be construed to mean that each individual person shall pay
the tax provided for in this article whether practicing by himself,
employed by another, or in a partnership, corporation or
professional association, except where the professional services of
a particular employee are wholly utilized by the employer and are
not available to the public, either privately or in the name of the
employer.
Section 12. Section 29.37 is amended to read:
Sec. 29.37. Identification on trucks required.
Any and all trucks or other vehicles operated or used in
connection with any contracting, building, delivery, maintenance,
repair service, or manufacturing business or occupation conducted
within the 'city shall have painted or otherwise prominently
displayed in a visible and legible manner upon such truck or other
vehicle, the name and address of the business in which such truck
or other vehicle is used. For the purpooe of this section, Sauch
information shall be painted on both sides of the vehicle and the
letters in such sign shall be a minimum height of three inches.
Section 13. Section 29.38 is amended to read:
Sec. 29.38. Transfer.
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Licenses issued by the city may be transferred with the
approval of the director of central permitting, subject, however,
to the following conditions:
(a)
All business licenses may be transferred to a new owner
when there is a bona fide sale of the business upon
payment of a transfer fee as prescribed in appendix A to
this Code and presentation of evidence of the sale and
the original license.
Upon written request and presentation of the original
"\
(b)
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license, any license may be transferred from one location
to another location in the city upon payment of a
transfer fee. as prescribed in appendix A to this Code.
Such transfers shall be accomplished provided the
applicant submits a land use certificate as required by
the land development code and the required building and
fire inspections have been accomplished.
(c) Where the licensee has been exempted from payment of all
or any part of the license tax therefor, any such license
shall not be transferable pursuant to this section.
(d) Holders of alcoholic beverage licenses shall comply with
chapter 6 of this code.
(e) The activity in which the new business engages, as part
of the business, must be lawful~ ~er applicable otatc
laws and ordinanceo.
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Section 14. Section 29.39 is amended to read:
Sec. 29.39. Review upon renewal.
(l) Upon the annual renewal of all licenses, any license may
be reviewed ~nd examiaed to determine if all applicable provisions
of this article, state..L- county. city laws ~.L.. ei-t:y ordinances,
rules and regulations have been complied with, follO\:ed and ~dhered
~ by the ouch licensee.
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Section 15. Section 29.40 is amended to read:
Sec. 29.40. Delinquent penalties.
(1) All license taxes imposed by this article shall be due and
payable on October 1 of each year and shall expire on September 30
of the succeeding year. Those licenses not renewed by October 1
shall be considered delinquent and shall be subject to an
administrative fee and delinquency penalty as per Appendix A of ten
percent for the month of October, plu3 an ~dditional five percent
penalty for e::Lch month of delinquency thcre~fter until paid,
provided that the total delinquency penalty oh~ll not exceed 25
percent of the occupational licenoe fee. It is the duty of the code
enforcement officer or a law enforcement officer to make affidavit
of viOlation and request for hearing, and to cause such person or
persons or officers and directors of any corporation to be brought
before the Municipal Code Enforcement Board or the county court.
(2) Each license required by this chapter shall be obtained
prior to the commencement of business or the practice of a
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profession and if not, shall be subject to an administrative fee
~ penal ty as per Appendix A of _ 2S percent of the licenoe
determined to be due, in addition to the penalties of section 1.12.
Section 16. Section 29.45 is amended to read:
See. 29.45. License no protection from prosecution for unlawful
conduct of business.
+3+ No license issued pursuant to the provisions of this
article shall:
'J..ll-fa+
Protect any person from prosecution for transacting
any business, trade or profession not covered by
such license;
Protect any merchant doing business with a greater
stock in trade than covered by such license; or
Any hotel keeper or landlord or manager of a
residential developmenh roominghoucc keeper having
a greater number of rooms or units than is covered
by such license.
(2) Any licence iDlJued upon ,:I.l1}" false' ptateIOC:nt mo.de under
oath Dhall be considered aD void .:lb initio and Dhall not protcGt
the holder thereof from prooceution for tr;:tllo;:tctillg buoine=.lo
,,;ithout lieenoCo
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Section 17. Section 29.50 is amended to read:
See. 29.50. Debt to the city.
The amount of any license tax, fee and penalty imposed by the
provisions of this article is hereby declared to be a debt due to
the city, and any person carrying on any business without first
having procured a license from the city to do so shall be liable to
the city for the amount of such license tax, administrative fee and
penalty recoverable in any court of competent jurisdiction.
Section 18. Section 29.51 is amended to read:
Sec. 29.51. Required for each separate location of business.
For any perooll operating any of the buoineoccs provided for in
thio article at more than one location, A separate license
certificate shall be required for each location of a business shall
be c~oidcrcd a separatc buoincDo .:lnd a Depurate licenoe
certificate therefor io required unless otherwise provided for in
this article.
Section 19. Section 29.52 is amended to read:
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Sec. 29.52. Payment of fees prerequisite to issuauce of license.
It is the intent o~ the city to grant valid occupational
licenses only to those applicants who have fully and faithfully
paid the required fees as established in the schedule of fees in
Appendix A in this code article. No license shall be valid until
all fees are so paid. A dishonored bank draft, check or other
similar noncash payment shall be in direct contravention of the
intent expressed" in this section. Any occupational license issued
to any applicant whose payment is subsequently dishonored shall be
void ab initio.
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Section 20. Section 29.58 is hereby repealed.
Section 21. Appendix A of the City Code of Ordinances shall
be amended to include the Occupational License Tax Fee Schedule as
set forth in'Exhibit A attached to the original of this ordinance.
Section 22. This ordinance shall take effect on October 1,
1995.
PASSED ON FIRST READING
'"
July 20 I 1995
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Co~issianer
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form and legal
sufficiency:
~ttt;t./lZi{( e.J
Richard Hull, Esq.
Assistant City Attorney
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Exhibit A of Ordinance 5841-95
APPENDIX A
OCCUPATIONAL LICENSE FEE SCHEDULE
CATEGQBY NQt pATEGORY' FEE
010.000 ANIMALS
010.010 KENNEL 55.00 ! .
010.030 GROOMER 45.00 I
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011.000 APPRAISER (SEE NOTE D) 65.00 ; !
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01 2.000 ARMORED CAR SERVICE (SEE NOTE B) 55.00 i I
PLUS FOR EACH VEHICLE 20.00 ,
,
013.000 ARTIST 75.00
014.000 AUCTIONEER (SEE NOTES BAND 0) 220.00
014.010 AUCTION GALLERY (SEE NOTES B AND D) 675.00
015.000 AUDITOR 70.00
016.000 AUTOMOTIVE:
016.010 DEALERSHIP - SALE OF NEW AND USED VEHICLES 400.00
016.020 DEALER ~ SALE OF ONLY USED MOTOR VEHICLES. 300.aO
016.030 GARAGE. GENERAL REPAIRS OR REPLACEMENTS
(SEE NOTE 0), FOR 10 BAYS OR LESS 75.00
016.031 FOR EACH ADDITIONAL BAY 10.00
016.040 RENTAL - AUTOS, TRUCKS, RECREATIONAL VEHICLES 150.00
016.050 PARKING LOT, PERMANENT OR TEMPORARY
016.051 1-10 SPACES 25.00
016.052 1 1 ~50 SPACES 35.00
016.053 OVER 50 SPACES 75.00
016.060 STORAGE
016.061 6-50 SPACES 55.00
016.062 OVER 50 SPACES 110.00
016.070 WASHING AND POLISHING 25.00
016.080 WRECKER OR TOWING SERVICE 45.00
016.090 SERVICE STATION, PER FUEL HOSE 25.00
017.000 BAIT DEALER 35.00
018.000 BAKERY GOODS, RETAIL 55.00
019.000 BANKS (INCLUDING SAVINGS & LOAN ASSOCIATIONS)
FOR EACH BANK LOCATION MAIN OR BRANCH 250.00
019.010 AUTOMA TIC TELLER MACHINES 100.00
020.000 BARTENDER, FREE LANCE 50.00
021.000 SA THHOUSE 25.00
~
022.000 BEAUTY SALON/BARBER SHOP, NAIL SALON,
TANNING SALON 40.00
PLUS, FOR EACH CHAIR OR BOOTH 10,00
022.010 MANICURIST 25.00
023.000 BOA T5 AND BOAT TRAILERS:
023.010 DEALERS 100.00
2
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CATEGORY NO. CA TEGORV FEE
023.020 REPAIRS & SERVICE 60.00
023.030 RENTAL 35.00
023.040 STORAGE 75.00
024.000 BOATS, PASSENGER:
" 024.010 1-15 PASSENGERS 40.00
024.020 16.25 PASSENGERS 55.00
024.030 26-50 PASSENGERS 65.00
024.040 51-100 PASSENGERS 75.00
024.050 101-300 PASSENGERS 100.00
024.060 OVER 300 PASSENGERS 200.00
025.000 BOOKKEEPING SERVICE 55.00
026.000 BROADCASTING, RADIO AND TELEVISION 110.00
STATION OR STUDIO
027.000 BROKER, EACH
027.010 . . BROKER, MORTGAGE 55.00
027.020 BROKER, MERCHANDISE 55.00
027.030 BROKER, STOCKS, BONDS, ET€., DEALER 165.00
027.040 BROKER, STOCKS, BONOS. ETC., INDIVIDUAL 110.00
027.050 BROKER, REAL ESTATE 55.00
PLUS FOR EACH ADDITIONAL SALESPERSON 25.00
028.000 BUSINESS ADVISORY SERVICES, NOC 110.00
029.000 BUS STATION, INTERSTATE BUSINESS/CHARTERED 200.00
SERVICE (INCLUDES LIMOUSINE & SIGHTSEEING
SERVICES)
030.000 BUYERS CLUB 100.00
031. 000 CA TERER 55.00
032.000 CEMETERY/CREMATORIUM 200.00
033.000 CLEANING, PRESSING & DYEING
033.010 PLANT 175.00
033.020 BRANCH/COLLECTION. EACH 55.00
033.030 SELF SERVICE OR HAND LAUNDRY 65.00
PLUS, PER MACHINE 1.00
033.040 CARPET CLEANING ON SITE 55.00
034.000 COIN AND/OR STAMP DEALER (SEE NOTE B) 55.00
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035.000 COMMERCIAL RECREA TION/ENTERT AINMENT. NOC 400.00
035.010 DEALER OR LESSOR OF AMUSEMENT MACHINES 110.00
035.020 MINIA TURE GOLF 55.00
035.030 PER GAME/MACHINE/RIDE (EXCLUDING DEALER) 35.00
035.040 ENTERTAINER (EACH) 55.00
035.050 SKATING RINK, SHUFFLEBOARD,
ARCHERY RANGE OR GOLF COURSE 110.00
3
CATEGORY NO. CATEGORY FEE
035.060 BILLIARD PARLOR 70.00
PER ADDITIONAL TABLE 10.00
035.070 TEMPORARY USE/EVENT 100.00
035.080 THEA TERS, WITH UP TO 150 SEA T5 250.00
035.081 THEATERS, WITH 150 OR MORE SEATS 550.00
036.000 CONSULTANT, NOC 75.00
037.000 CONTRACTORS, GENERAL CONSTRUCTION:
(SEE NOTE D)
037.010 CLASS" A It GENERAL 250.00
037.020 CLASS "B" BUILDING 175.00
037.030 CLASS "C" RESIDENTIAL 1 00.00
038.000 CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL)
038.010 ACOUSTICS 55.00
038.020 AIR CONDITIONING CONTRACTOR,
CLASS A (SEE NOTE D) 150.00
038.021 AIR CONDITIONING CONTRACTOR,
CLASS 8 (SEE NOTE D) 100.00
038.022 AIR CONDITIONING CONTRACTOR,
CLASS C (SEE NOTE D) 70.00
038.030 ALARM SYSTEMS SPECIALTY (SEE NOTE D) 55.00
038.040 ALUMINUM (SEE NOTE D) 55.00
038.050 AWNING, SHADES AND BLINDS 45.00
038.060 BOILER 55.00
038.070 CARPENTRY (SEE NOTE D) 55.00
038.080 CABINETRY AND MILLWORK 55.00
038.090 COMMUNICATION SYSTEMS SPECIALTY (SEE NOTE D) 55.00
038.100 DEMOLITION, BUILDING (SEE NOTE D) 55.00
038.110 DREDGING 55.00
038.120 DRYW ALL 55.00
038.130 ELECTRICAL (SEE NOTE D) 150.00
038.140 EXCAVATING, INCLUDING FILLING, GRADING, AND
LAND CLEARING 55.00
038.150 ELEVATOR (SEE NOTE D) 55.00
038.160 EXTERMINATOR (SEE NOTE D) 55.00
038.170 , FENCE ERECTION (SEE NOTE D) 55.00
038.180 FIRE SPRINKLER SYSTEM, BUILDING (SEE NOTE D) 55.00
038.190 FLAT WORK MASONRY SPECIALTY (SEE NOTE D) 55.00
038.200 FLOOR COVERING, LAYING, SANDING, FINISHING 55.00
038,210 GAS, NATURAL (SEE NOTE D) 50.00
038.220 GAS, L1aUID PETROLEUM (SEE NOTE D) 55.00
038.230 GARAGE DOOR & OPERATOR INSTALLATION
(SEE NOTE 0) 55.00
038.240 " GLASS AND GLAZING (SEE NOTE D) 55.00
038.250 GUNITE AND SANDBLASTING 55.00
038.260 HAULING, TRUCKING OR MOVING 55.00
038.270 HOUSING MOVING (SEE NOTE G) 55.00
038.280 INSTALLATION, NOC 55.00
038.290 INSULA TION (SEE NOTE D) 55.00
038.300 IRRIGATION SYSTEMS SPECIALTY (SEE NOTE 0) 55.00
4
CATEGORY NO. CATEGORY FEE
038.310 JANITORIAL SERVICE 55.00
038.320 LANDSCAPINGfTREE SURGERY 55.00
038.330 LAWN, YARD & GARDEN CARE 35.00
038.340 LOW VOLTAGE SYSTEMS SPECIALTY (SEE NOTE 01 55.00
038.350 MAINTENANCE WORK (NOC) 55.00
038.360 MARBLE SETIING INCLUDES TILE (SEE NOTE 0) 55.00
038.370 MARINE SPECIALTY (SEE NOTE D) 55.00
038.380 MECHANICAL CONTRACTOR (SEE NOTE 0) 150.00
038.390 MOBILE HOME SETUP SPEClAL TV (SEE NOTE D) 55.00
038.400 ORNAMENTAL IRON WORK 55.00
038.410 PAINTING ~ INCLUDING PAPERHANGING (SEE NOTE D) 55.00
038.420 PAPERHANGING (ONLY) 55.00
038.430 PARTITIONS, MOVABLE 55.00
038.440 PAVING (SEE NOTE D) 55.00
038.450 PILE DRIVING (SEE NOTE 0) 55.00
03B.460 PIPELINE (SEE NOTE D) 55.00
038.470 PLASTER AND STUCCO SPECIALTY (SEE NOTE 0) 55.00
038.480 PLUMBING (SEE NOTE D) 150.00
038.490 POLLUTANT STORAGE SYSTEMS;
GASOLINE, OIL, ETC (SEE NOTE 0) 55.00
038.500 PRESSURE CLEANING 55.00
038.510 PRESTRESSED PRECAST CONCRETE SPECIALTY
(SEE NOTE D) 55.00
038.520 REFR1GERA TION, COMMERCIAL & INDUSTRIAL
(SEE NOTE D) 55.00
038.530 REINFORCING STEEL SPECIAL TV (SEE NOTE D) 55.00
038.540 ROOFING (SEE NOTE D) 55.00
038.550 SEPTIC TANK/SEWER CLEANING 55.00
038.560 SHEET METAL (SEE NOTE D) 55.00
038.570 SHUTTER AND OPENING PROTECTiVES (SEE NOTE D) 55.00
038.580 SIGNS - ELECTRICAL (SEE NOTE 0) 55.00
038,590 SIGNS - NONELECTRICAL 55.00
038.600 SOLAR (SEE NOTE D) 55.00
038.610 STEEL REINFORCING (SEE NOTE D) 55.00
038.620 STRUCTURAL MASONRY SPECIALTY (SEE NOTE 01 55.00
038.630 STRUCTURAL STEEL (SEE NOTE P) 55.00
038.640 SWiMMING POOL, RESIDENTIAL (SEE NOTE D) 55.00
038.641 SWIMMING POOL, COMMERCIAL (SEE NOTE D) 55.00
038.642 SWIMMING POOL, SERVICE & MAINTENANCE 55.00
038.650 TILE AND MARBLE SPECIALTY (SEE NOTE D) 55.00
038.660 UNDERGROUND UTILITY (SEE NOTE D) 55.00
038.670 VENEER SPECIALTY (SEE NOTE 0) 55.00
038.680 WATER SOFTENER INSTALLATION AND SERVICE 55.00
038.690 WELDING (NEED CERTIFICATION) 55.00
038.700 WELL DRILLING (SEE NOTE E: REQUIRES
'. CERTIFICA TION FROM SWFWMD) 55.00
038.710 WINDOW CLEANING 35.00
038.720 WRECKING AND DISMANTLING (OTHER THAN BUILDING) 55.00
039.000 COSTUME OR CLOTHING RENTAL 45.00
040.000 DATA PROCESSING CONSULTANT/PROGRAMMER 75.00
040.010 DATA PROCESSING SOFTWARE 55.00
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CATEGORY NO. CA TEGORY FEE
041.000 DATING/ROOMMATE SERVICE (SEE NOTE B) 110.00
042.000 DECORATOR, INTERIOR 55.00
043.000 DELIVERY/MESSENGER SERVICE (INCLUDES FIRST
I VEHICLE) 55.00
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I PLUS, PER EACH ADDITIONAL VEHICLE 20.00
044.000 DESIG~ER, INDUSTRIAL (SEE NOTE 0) 55.00
045.000 DISC JOCKEY, FREE LANCE 55.00
046.000 DIVER 50.00
047.000 DRAFTSMAN 75.00
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048.000 ELECTRIC POWER COMPANY 150.0b
049.000 EQUIPMENT RENTAL. SMALL TOOLS OR APPLIANCES 55.00
049.010 EQUIPMENT RENTAL, CONSTRUCTION 110.00
050.000 FLORIST 55.00
051 .000 FREE SERVICE BUREAU 70.00
052.000 FURNITURE, REFINISH, REUPHOLSTER, CLEAN 55.00
AND REPAIR
053.000 GROUP CARE FACILITIES
053.010 CONGREGATE CARE FACILITIES 150.00
053.020 CONV ALESCENT /NURSING HOME 1 50.00
053.030 FAMIL Y CARE HOME (1.6 CLIENTS) 35.00
i
053.040 GROUP CARE, LEVEL I (7.14 CLIENTS) 45.00
053.050 GROUP CARE, LEVEL II (15-20 CLIENTS) 70.00
053.060 GROUP CARE, LEVEL III (1 TO 20 - SPECIAL TREATMENT) 85.00
054.000 GUNS (SEE NOTE 8; REQUIRES FEDERAL
FIREARMS LICENSE), DEALER, INCLUDES REPAIR 110.00
055.000 HEARiNG AlD, AGENT OR DEALER 65.00
056.000 HOSPITAL 220.00
057.000 INCOME TAX PREPAREA 55.00
058.000 \ INSURANCE
058.010 PER EACH COMPANY, CLASS, TYPE OF INSURANCE 75.00
058.020 ADJUSTER 65.00
058.030 AGENCY (INCLUDES 1 PRINCIPAL, OWNER,
MANAGER OR AGENT) 55.00
058.040 AGENT, PER EACH IN AGENCY 25.00
058.050 AGENT, INDEPENDENT 75.00
6
CATEGORY NO.
059.000
059.010
CA TEGORY
FE~
25:00
35.00
ITINERANT, KNIFE TOOL SHARPENER
ITINERANT, AGRICULTURE PEDDLER
060.000
KINDERGARTEN, NURSERY OR DAY CARE
(SEE NOTES C & D)
45.00
061.000
LABORATORY (INCLUDES ,DENTAL, MEDICAL,
RESEARCH, ANALYTICAL, PHOTO, CHEMICAL
TESTING, ETC.)
PLUS, PER EMPLOYEE
80.00
20.00
062.000
LAND DEVELOPERS
110.00
063.000
LECTURER AND INSTRUCTOR, ITINERANT
70.00
064.000
LOAN, FINANCE OR CONSUMER DISCOUNT COMPANY
250.00
065.000
LOCKSMITH (NOTE B)
45.00
066.000
MAIL ORDER ESTABLISHMENT
55.00
067.000
MAILING, PACKAGING, ADDRESSING, FAXING
55.00
068,000
068.010
068.020
068.030
068.040
068.050
'068.060
068.070
068.080
069.000
069.010
MANUFACTURING, FABRICATING, PROCESSING, COMPOUNDING
1 EMPLOYEE (INCLUDING OWNER) 45.00
2-4 EMPLOYEES (INCLUDING OWNER) 65.00
5-10 EMPLOYEES (INCLUDING OWNER) 90.00
11-25 EMPLOYEES (INCLUDING OWNER) 110.00
26.50 EMPLOYEES (INCLUDING OWNER) 165.00
51~100 EMPLOYEES (INCLUDING OWNER) 220.00
101-500 EMPLOYEES (INCLUDING OWNER) 250.00
OVER 500 EMPLOYEES (INCLUDING OWNER) 410.00
MASSAGE ESTABLISHMENT (SEE NOTE 0 & CHAPTER 9) p'C"'~:'9..9
MASSAGE THERAPIST, EACH (SEE NOTE D & CHAPTER 9) ??..;.Q.q
070.000
MERCHANT OR MERCHANDISING:
(SEE NOTE B FOR SALE OF useD MERCHANDISE)
STOCK VALUE $1,000.00 OR LESS 35.00
OVER $1,000,00 BUT LESS THAN $2,000.00 45.00
OVER $2,000.00 BUT LESS THAN $3,000,00 55.00
$3,000.00 AND OVER 60.00
PLUS, PER $1,000.00 4.25
070.050 MOBILE 110.00
070.060 ANTIQUES, USED MERCHANDISE (SEE NOTE S) 55.00
070.070 '. MERCHANT, TEMPORARY 50.00
070.080 MERCHANT, ITINERANT 150.00
070.090 MERCHANT, SHOW OR FLEA MARKET, PER EXHIBITOR 8.25
070'~100":n~::':''',:::',,':'':':,~:>,':'':'':DpWNTOWN.'CONVENTION/EXHIBITION CENTER....::. .: :':, " '.:3,000.00
. ...............,. ....,"' ".. . , .. "+,.. ". ................. .>.> .....>,........'.., .... ...... ....... ......'... ............", ... ,>0" '"' ".. ..,.. ,r. ,,'n. "c . .' ...... ,.... ....,.,.. <., H
070.010
070.020
070.030 .
070.040
071.000
071.010
MOBilE HOMES
DEALER (NEW OR USED) SALES AND SERVICE
110.00
7
CATEGORY NO.
071 .020
CATEGORY
FEE
70.00
3.25
071 .030
PARK, RENTAL
PLUS PER SPACE OVER 25
TRANSPORT SERVICE (IF INDEPENDENT OF CITY
L1CEN'SED DEALER OR MANUFACTURER)
65.00
072.000
072.010
MOTORCYCLE, DEALER
MOTORCYCLE, SCOOTER OR BICYCLE RENTAL
80.00
55.00
073.000
MOVING, TRANSFER COMPANY
90.00
074.000
074.010
074.020
MUSIC MACHINES/JUKE-BOX, COIN OPERATED:
(NOT AMUSEMENT OR VENDING MACHINES)
DEALER OR LESSOR
OPERATOR OR LESSEE, EACH MACHINE
110.00
35.00
075.000
075.010
075.020
075.030
NEWSPAPER, PERIODICAL OR NEWSLETTER:
LESS THAN 6 ISSUES PER weEK
6 OR MORE ISSUES PER WEEK
AGENCY OR BUREAU
75.00
220.00
110.00
,.
076.000
NURSERY, PLANTS
55.00
077.000
PATROL, NIGHT PATROLMAN, OR
PRIVATE WATCHMAN:
FIRM (SEE NOTE B)
INDIVIDUAL (SEE NOTE B)
75.00
35.00
077.010
077.020
078.000
PAWNBROKER (SEE NOTE B)
330.00
079.000
079.010
PETROLEUM PRODUCTS, WHOLESALE
PETROLEUM PRODUCTS, DELIVER/SALE
220.00
11 C.OO
080.000
PHOTOGRAPHY
55.00
081 .000
PIANO TUNER
25.00
082.000
PLATING OR ANODIZING, METAL
55.00
083.000
PRINTING, PUBLISHING, ENGRAVING,
LITHOGRAPHING & BINDING (INCLUDES BLUEPRINTING
SERVICES)
SO.OO
084.000
084.010
084.020
084.030
084.040
084.050
084.060
084.070
084.090
084.100
084.11 0
-;
PROFESSION (PER LICENSEE AND PER LOCATION)
ACCOUNTANT (SEE NOTE D IF CPA) 100.00
ARCHITECT (SEE NOTE D) 100.00
ATTORNEY (SEE NOTE D) 100.00
CHIROPRACTOR (SEE NOTE D) 100.00
COURT REPORTER 75.00
DENTAL HYGIENIST (SEE NOTE D) 75.00
DENTIST (SEE NOTE D) 100.00
DESIGNER, INTERIOR (SEE NOTE D) 100.00
EMBALMER/FUNERAL DIRECTOR/UNDERTAKER (SEE NOTE 0100.00
ENGINEER (SEE NOTE D) 100.00
8
C~TEGOR~' NO. CATEGOR'( FEE
084.1 20 HOMEOPA THIC PHYSICIAN 100.00
084.130 NAPRAPATH (SEE NOTE D) , 00.00
084.140 NATUROPATH (SEE NOTE OJ 100.00
084.1 50 OPTICIAN, INCLUDING SALE OF LENSES & FRAMES
(SEE NOTE 0) 1 00.00
084. 1 60 OPTOMETRIST (SEE NOTE D) 100.00
084.170 PHARMACIST (SEE NOTE D) 100.00
084.1 80 PHYSICIAN (SEE NOTE D) 100.00
084.190 PHYSIOTHERAPIST (SEE NOTE 0) 100.00
i . 084.200 PROFESSION, NOC 100.00
I. 084.210 PSYCHOLOGIST (SEE NOTE D) 100.00
I 084.220 SURVEYOR (SEE NOTE D) 100.00
084.230 VETERINARIAN (SEE NOTE D) 100.00
085.000 PROMOTER/PROMOTIONS (SEE NOTE B) 200.00
086.000 RAILROAD 225.00
087.000 RECORDING STUDIO 55.00
088.000 REFUSE COLLECTION & DISPOSAL SERVICE 225.00
089.000 REFUSE MACHINE, COMPACTING AND/OR BINDING:
089.010 OWNER OR LESSOR 220.00
089.020 OPERATOR OR LESSEE 100.00
..,
090.000 RENTAL, Noe 55.00
090.010 HALL/FACILITY/PROPERTY, NONRESIDENTIAL USE 100,00
091.000 RENT AL, UNITS (2 OR MORE) 25.00
PLUS. PER UNIT OVER 5 1.50
092.000 REPAIR & SERVICE. Noe (INCLUDES HANDYMAN) 45.00
PLUS, FOR EACH EMPLOYEE (OTHER THAN OWNER) 10.00
093.000 RESTAURANT
093.010 1-10 SEATS 35.00
093.020 11-25 SEATS 55.00
093.030 26-50 SEATS 110.00
093.040 51-100 SEATS 165.00
093.050 101 OR MORE SEATS 220.00
093.060 SNACK BAR, SODA FOUNTAIN 45.00
093.070 CONCESSION STANDNENDOR, PER LOCATION OR UNIT 45.00
093.080 CANTEEN WAGON. OR TRUCK, PER MOBILE UNIT 50.00
093.090 -; DRIVE-IN OR DRIVE-THROUGHfTAKE OUT
OR DELIVERY 75.00
093.100 NIGHTCLUB/BARn-A VERNfCABARET /LOUNGE
(SEE NOTE B: SEE ADULT USE ENTERTAINMENT:
SEE COMMERCIAL RECREATION/ENTERTAINMENT.
ENTERTAINERS) 220.00
093.110 DANCING AREA 45.00
094.000 SCHOOLS - TRADE, STUDIO & INSTRUCTION (SEE NOTE D:
9
CATEGORY NO. CATEGORY FEE
ALSO SEE NOTE 8 FOR DANCING OR CHARM SCHOOLS) 55.00
095.000 SECRETARIAL SERVICE (INCLUDES STENOGRA.PHERS) 55.00 .1
096.000 SEWING (DRESSMAKER, SEAMSTRESS, TAILER, ETC.) 45.00
097.000 SHOE REPAIR (OR BOOT BLACK STAND) 45.00
098.000 SITTING - HOUSE, PLANT, PET (SEE NOTE B) 50.00
099.000 STORAGE/WAREHOUSING
099.010 INDOOR, PER 1 ,000 SQUARE FEET 10.00
099.020 OUTDOOR, PER 1,000 SQUARE FEET 20.00
100.000 TATTOO PARLORS (SEE NOTE D AND FLORIDA
STATE STATUTE 877.04) 100.00
101.000 TAXICAB, INCLUDES FIRST VEHICLE
(SEE NOTES A AND B AND CHAPTER 61) 55.00
PLUS FOR EACH ADDITIONAL VEHICLE 20.00
102.000 TAXIDERMIST 45.00
103.000 TELEPHONE AND TELEGRAPH
103.010 TELEPHONE, COMPANY 225.00
103.020 PLUS, FOR EACH BRANCH 30.00
103.030 TELEPHONE, BUSINESS, PRIVATE 55.00
103.040 TELEPHONE, SOLICITATION (SEE NOTE B) 55.00
103.050 TELEPHONE, ANSWERING SERVICE 55.00
104.000 TOILETS, PORTABLE SERVICE 100.00
1 05.000 TRAILER, CARGO (FOR BOAT TRAILERS, SEE BOATS)
105.010 TRAILER, CARGO, SALES AND SERVICE 55.00
105.020 TRAILER, CARGO, RENTAL 45.00
106.000 TRANSIT OR READY-MIX CEMENT AND CONCRETE 220.00
(THIS LICENSE REQUIRED OF ANY DISTRIBUTOR
MAKING DELIVERIES AND/OR SALES WITHIN CITY
LIMITS, REGARDLESS OF LOCATION OF PLANT.)
107.000. TRANSPORT A TION SERVICES (BUS 5T A TION -
INTERSTATE, CHARTERED, LIMOUSINE,
SIGHTSEEING I 210.00
108.000 \ VACUUM CLEANER SALES AND SERVICE 55.00
109.000 VALET PARKING 50.00
110.000 VENDING MACHINES (EXCLUDING AMUSEMENT, MUSIC
MACHINES, CIGARETTE OR STAMP MACHINES)
110.010 DEALER OR LESSOR 55.00
110.020 OPERATOR OR LESSEE, PER MACHINE ($25 MIN.) 10,00
10
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11 2.000
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CATEGORY FEE ' I
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VIDEO OR FILM RENTALS 55.00 I
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WRECKING YARD 220.00 !
CATEGORY NO.
111.000
113.000
UNCLASSIFIED, EVERY BUSINESS OCCUPATION,
PROFESSION OR EXHIBITION, SUBSTANTIALLY
FIXED OR TEMPORARILY ENGAGED IN BY ANY PERSON
WITHIN THE CITY AND FOR WHICH NO LICENSE HAS
BEEN ORDAINED AND NOT HEREIN SPECIFICALLY
DESIGNATED (SEE NOTE B)
110.00
THE MINIMUM OCCUPATIONAL TAX SHALL BE $25.
PENALTY, DELINQUENT AND ADMINISTRATIVE FEES:
THE PENAL T'( FEE (OPERATING PRIOR TO OBTAINING A LICENSE) SHALL BE EQUAL TO 25% OF THE
EST ABLfSHED FEE.
THE DELINQUENT FEE SHALL BE 10% FOR THE MONTH OF OCTOBER PLUS 5% FOR EACH MONTH
OF DELINQUENCY, NOT TO EXCEED 25% OF THE ESTABLISHED OCCUPATIONAL LICENSE TAX.
THE ADMINISTRATIVE FEE SHALL BE $250.
NOTES:
A. REQUIRES APPROVAL BY THE CITY COMMISSION.
8. REOUIRES CITY POLICE DEPARTMENT RECOMMENDATION. THE APPLICANT SHALL COMPLETE
A BACKGROUND INFORMATION REPORT, EXECUTED UNDER OATH, AND SHALL SUBMIT TO A
BACKGROUND INVESTIGATION, PHOTOGRAPH, AND FINGERPRINTS. THE RECOMMENDATION
SHALL BE BASED UPON THE CRITERIA seT FORTH IN SECTION 29.41 (6) AND SHALL INCLUDE
A STATEMENT OF THE FACTS UPON WHICH THE RECOMMENDATION IS BASED.
C. REQUIRES CITY FIRE DEPARTMENT INSPECTION AND APPROVAL.
D. REQUIRES INSPECTION, APPROVAL OR LICENSE OF STATE OR COUNTY AUTHORITY.
E. REQUIRES CITY CENTRAL PERMITTING DEPARTMENT PERMIT FOR EACH JOB.
NOC. NOT OTHERWISE CLASSIFIED.
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RESOLUTION NO. 95-52
A.RESOLUTION OF THE CITY OF CLEARWATER DISSOLVING THE
OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION AS A CITY
ADVISORY COMMITTEE.
WHEREAS, on June 2, 1994, the City Commission of the City Of
Clearwater adopted Resolution No. 94-11, establishing the
Occupational License Equity Study Commission; and
WHEREAS, this Occupational License Equity Study Commission has
completed their study; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY. OF
CLEARWATER, FLORIDA:
Section 1. The City of Clearwater hereby recognizes the hard
work and dedication of the members of the Occupational License
Equity Study Commission, and expresses its thanks and gratitude for
their outstanding service to the citizens of the City of
Clearwater. .
Section 2. The City of Clearwater hereby dissolves the '
Occu~ational License Equity Study Commission as a City advisory
commJ.ttee.
Section 3. This resolution shall take effect immediately upon
adoption. .
PASSED AND ADOPTED this
Attest:
day of August, 1995.
C~thia E. Goudeau
CJ.ty Clerk
Rita Garve:y
Mayor-Comm1ssioner
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DATE
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AGEN',DA'
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1_~~- 95
ITEM # 2:2
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ORDINANCE NO. 5860.95
;;;<~
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING DIVISION 18 OF CHAPTER 40, CODE
OF ORDINANCES, TO PROVIDE FOR REVISED
REQUIREMENTS FOR THE NORTH GREENWOOD
COMMERCIAL DISTRICT; AMENDING SECTION 41.053,
CODE OF ORDINANCES, TO ADDRESS CONDITIONAL
USE SUPPLEMENTARY STANDARDS FOR 'DNO
CONDITIONAL USES IN THE NORTH GREENWOOD
COMMERCIAL DISTRICT; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
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Section 1. Division 18 of Chapter 40, Code of Ordinances, is amended to read:
DIVISION 18. NORTH GREENWOOD COMMERCIAL DISTRICT (CNG)
Sec. 40.341. General description.
The North Greenwood commercial district is created pursuant to the North
Greenwood oommercial district general development plan in order to stimulate
reinvestment in and revitalization of an inner city commercial district. The preferred
land uses are neighborhood-oriented retail, service and professional uses. It is
intended that the dictrict dr~w primorily from the enoircling residentbl community, ::too
building and parking standards are structured to create a pedestrian shopping
environment. Adherence to sign and facade design criteria is encouraged for building
permits for new buildings, building additions, and facade modifications pursuant to
sections 36.038 and 44.52.
Sec. 40.342. Establishment; contraction.
The North Greenwood commercial district shall be applied to properties located
generally along North Greenwood Avenue between Palmetto and Grant Streets fA
oonform::tnce with the North GroenweeG-oommefCial district gener;]1 develepment
~afl, except to the extent that the city commission may determine that an expanded
or contracted area is in the public interest.
Sec. 40.343. Permitted uses.
Within the North Greenwood commercial districtt only the following uses and
structures designed for such uses shall be permitted:
,)
(1) 'Indoor retail sales. except qasoline sales;
(2) Personal services;
(3) Restaurants;
(4) Indoor commercial recreation/entertainment;
(5) Business/professional offices;
(6) Attached dwellings;
(7) Nonprofit social or community services;
(8) Funeral homes;
(9) Multiple-family dwellings;
(10) ThreeMfamily dwellings;
(11) Two:..family dwellings;
(12) Detached singleMfamily dwellings;
(13) Family care;
(14) Business services: Accescor/ USCG, including ccFtain :llooholic bcvcr:lgc
sales uses :lS specified in Geclions 41.071 ::md 41.072.
ilID. Veterinary offices~ .'
!1ID Adult day care:
!.11l Commercial and trade schools:
!1ID. Accessorv uses, includinq certain alcoholic beverage safes uses as
specified in sections 41.071 and 41.072.
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Sec. 40.344. Conditional uses.
Within the North Greenwood commercial district, the following uses may be
allowed as conditional uses:
(1) Businesc cervices;
(1~) Outdoor retail sales, displays and storage;
(Z-3) Nightclubs, taverns and bars;
(~4) Package alcoholic beverage sales (package sales);
(~a) Child day care; .
(6) Veterinary offiocc;
(Q+) Noncommercial parking;
(g8) Utility facilities~,:,
(IS) 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;
.au Outdoor commercial recreation/entertainment.
Sec. 40.345. Use limitations.
The following use limitations shall apply to the North Greenwood commercial
district:
2
I' "
(1) 1\ convonience foodotore m::lY inolude gasoline s:lIcs provided th:!t gasoline
dispem:ing units and islaRd&-arc positioned at least 15 feet fr^Om all property !iReS;
and provided that-Rot mera th:m oight fueling Sp::lCOS :Ire provided, such fueURg
spocco to be outlined in paint. However, a oonvenienoe foe8storo with gasoline oales
may provide marc th::m eignt fueliRg-SpaceG with the approval of the planning and
i!9Ring board, which :Jppro\'al sh:::lll be obt:!incd following the procedures fOf
conditional usos.
ill~ All alcoholic beverage sales shall comply with the provisions of section 41.071.
(3) Multiple family dwellings ch:::lll be governed by the dimeRSional and numeriC31
d~velopmcnt requirementG of the multifamily r03ideAtial16 district oont:lined in
section ~O,1-66.
(4) ThFee bmily dwellings ch:J1I be govoff~ed by the dimension:!1 and numerica~
development requirements of the multiple bmily residentbl 12 district oontained in
seGtien 10.146.
(5) Two bmily d'.vellings sh311 bo governed by the dimensianal 3nd numorical
EIeveIopment requirementc of the multiple family residentbl 12 district cont3iAed in
seotion 40.146.
(6) Det:::lched single family dwellings Sh3n be governed by the dimensional and
numerical development re(flJiremcnts of the single family rcsidenti31 8 dictrict
oontained in seetion 40.106.
m Veterinary offices shall comply with the following:
~ All activities shall be conducted within soundproof. air conditioned
buildinas with no outdoor caaes, runs or other outdoor facilities. Any
use which proposes outdoor cages. runs or other outdoor facilities shall
require approval of a conditional use by the planning and zoning board.
!Ql A continuous. solid landscape buffer, attaining a minimum height of six
feet at maturity. shall be provided adiacent to all residentially zoned
properties.
ill Commercial and trade schools shall have all instructional areas within an.
enclosed buildinq and all teachinq shall be conducted indoors.
~rn 1\ccessory uses shall comply with the provisions of section 41.121.
@t8t All uses, whether permitted, conditional or nonconforming, shall be conducted
in compliance with the use standards contained in sections 42.22, 42.31, 42.32 and
42.35.
3
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Sec. 40.346. Dimensional and numerical development requirements.
The following dimensional and numerical requirements shall apply to
development within the North Greenwood commercial district not expressly regulated
elsewhere:
(1) Maximum density: 15 dwelling units per gross acre.
(2) Minimum setbacks for: Structures ::;hall be :Jffordcd Getbaoko '....hioh measure
not lese than as referenced in this cubsectien nor less tM:Jn :Jny higher standard
~....hich m:JY be applicable to a p:Jrticular property in accord with the uniform
development rogubtionc oontained in ohapter 42. P Q.rincipal and accessory
structures shall r.o.ve the follo,.-..ing minimum setb:Jcks:
(a) From North Greenwood Avenue: None. 30 feet from the centerline of
North Grocmvood ^,/enue.
(b) From all other streets: None. ~ 0 feet from tho ctrcet right of way.
(c) From a side property line: None. unless adioining a residential zoning
district in which case a setback of 10 feet is required.
(d) From a rear property line: 10 feet.
(3) Maximum height: 30 ~ feet.
(4) Minimum open space for the lot: 15 percent of the lot area.
(5) Maximum floor area ratio: 0.55.
(6) Lot area: None. No parcel of land shall be cubdividod or split into lots or
subparaolc if any cucM lot or Gubparccl is less th:Jn 5,000 cqu:Jre f-ect in :Jrca.
Sec. 40.347. Parking. Optional parking reduction.
Nonresidential uses in the North Greenwood commercial district shall have no
minimum number of parking spaces required. Residential and residential eauivalent
uses shall provide the minimum oarkinQ required under section 42.34 for such uses.
ReduGcd parking st:Jndards shall apply to development ',vithin the NORA
Greenwood commerci:ll district fnr 'A'hich buildiAg-pkms are---:lpprovcd by the North
Greenwood design review committoe consistent with the st:Jndard&-and procedures
:Jdopte,\ by tho oity commission by resolution :Jnd in :Jccordanao 'Nith the follo'A'ing:
(1) Commercial 3Ad office usee m:JY reduee-tl1e-etReJwisc required numb~
pafking sp:lces by net moro than 60 pefG9Rh
4
(2) The owner of.-aRY-i*lrcel of land, including 011 :ldjoining late and plate under the
same o'lmership, having ::m area of lees than 5,000 equnre feet, chall be permitted a
p::uking waiver for any nonresidential UGO, other th::m est:lblishments serving alcohoHG
beverages for oonsumption on the premises, in :looord3ncc with tho-fellowing
conditions and restrictions:
fat Buildings shall be provided '....ith ::]0 additional front (ctreet) setback of
five kat, :lnd landecaping ehall be provided 'Nithin that addition:J1
setb3ok.
(b) /\ maxiffiYm-floor area ratio of 0.4 shall apply.
(0) ^ l:mEiGsaped open apace, at least 200 ~qu:lrC feet in oreD, including 3t
least one ehede tree, shall be provided and maintained for the purposes
of buffering, neighborhood beautification, and cre:ltion of attrastWe
outdoor apace. 8tO(390 or oooumubtion of m:ltcrlals.equipment or
debric in this open space is prohieite4
(d) The owner chall recoRi a declaration of unity of title applisable to the
entire p~lrcel of I::md.
(c) The parcel ahall not have been created or cplit from :J larger parent tr:::lct
of land since December 1, 1988, according to the date of the deed or
other instrument of conveyance or-ecvice.
Section 2. Section 41.053, Code of Ordinancest 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 determined to meet all of the standards applicable
thereto.
.
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(6) . Child day care centers may be allowed within the limited office, general office,
neighborhood commercial, North Greenwood commercial. infill commercial,
commercial center, urban center (transition)t and public/semipublic subject to all of
the following:
(a) Sufficient on site outdoor play areas shall be provided and so designed
as to ensure user safety.
(b) Appropriate onsite loading and unloading areas shall be provided which
5
(c)
are sufficiently distant from other trafficways so as to ensure user safety.
The use shall comply with all of the general standards contained in
subsection (b) of this section.
Ii
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(22) Outdoor commercial recreation/entertainment may be allowed within the North
Greenwood commercial. beach commercial, resort commercial 24 and 28, urban
center (core), urban center (eastern corridor), general commercial, highway
commercial, infill commercial, and commercial center districts, subject to all of the
following:
.J
I
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! .
(a) All facilities and activities shall be self-contained on the premises,
unless otherwise approved by the planning and zoning board.
(b) The use shall comply with all of the general standards contained in
subsection (b) of this section.
'*
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*
Section 3. The provisions of this ordinance are found and determined to be
consistent with the City of ClealWater Comprehensive Plan.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20 t 1995
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to form and
legal sufficiency:
IY, i,"
Pamela K. Akin, City Attorney
6
ORDINANCE NO. 5861-95
~3
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF BETTY
LANE ON THE NORTH SIDE OF STEVENSON CREEK. CONSISTING OF
LOT 20, BLOCK A. STEVENSON'S HEIGHTS. WHOSE POST OFFICE
ADDRESS IS 1528 STEVENSON DRIVE. 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 1 ines of the City are redefined accordingly:
Lot 20. Block A. Stevenson's Heights. according to the
map or flat thereof as recorded in Book 34, Page 13. of
the pub ic records of Pinellas County, Florida. (A95-12)
Section 2. The provisions of this ordinance are found and determined to
be consi stent with the City of Cl earwater Comprehensi ve Pl an. 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, wi th the Clerk of the C i rcui t Court and wi th 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.
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,
.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
'\
July 20. 1995
Rita Garvey, Mayor-Commissioner
Attest:
ttorney
Cynthia E. Goudeau. City Clerk
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ORDINANCE NO. 5862.95
;<y.
AN ,ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND
USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF BETTY LANE
ON THE NORTH SIDE OF STEVENSON'S HEIGHTS, CONSISTING OF
LOT 20. 8LOCK A, STEVENSON'S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1528 STEVENSON DRIVE. AS RESIDENTIAL LOW;
PROVIDING AN EFFECTIVE DATE.
, WHEREAS, the amendment to the future 1 and 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 Dlan~ 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
Ilerei na fter descri bed property as follows:
I'
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prooertv
Lot 20, Block A. Stevenson's Heights.
according to the map or plat thereof
as recorded in Book 34. Page 13. of
the publiC records of Pinellas County,
Fl. (LUP95-14)
Land Use Cateaory
Residential. Low
Section 2. This ordinance sllall take effect ilTlnediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5861-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
~
Approved as to form and
1 ega~fi ci ency:
. k- 4
Pame a . kln
City Attorney
July 20, 1995
Ritii Garvey
Mayor-Conmi ssi oner
Attest:
Cyntlll a E. Goudeau
City Cl erk
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ORDINANCE NO. 5863-95
:::<5
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERTY LOCATED WEST OF BETTY LANE ON THE NORTH
SIDE OF STEVENSON CREEK. CONSISTING OF LOT 20. BLOCK A,
STEVENSON'S HEIGHTS. WHOSE POST OFFICE ADDRESS IS 1528
STEVENSON DRIVE. UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8);
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the assignment of a zoning district classification as set forth
in this ordinance is found to be 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:
I'
I' .'
,
Section 1. The following described property located in Pinellas County.
Florida. is hereby zoned as indicated upqn annexation into the City of
Clearwater, and the zoning atlas of the City is amended. as follows:
Property Zoninq District
Lot 20. Block A. Stevenson's Heights. RS-8 - Single-Fa~ily Residential 8
according to the map or plat thereof
as recorded in Book 34. Page 13. of the
publiC recordS of Pinellas County. FL.
(A95-12)
!: .
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,
Section 2. . The Central Permitting Ditector is directed to revise the
zoning atlas of the City in accordance with tIle foregoing amendment.
Section 3. This ordinance stlall take effect lInmediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5861.95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20. 1995
Rita Garvey
Mayor-Cmnnissioner
Attest:
'\
Approved as to Form and
1 ega 1 SL\'ffici e1:
pant{~ At.l
Ci ty Attorney
Cyntl11u E. Goudeau
City Cler'k
CI RUSSELL
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ORDINANCE NO. 5864.95
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BETTY
LANE. CONSISTING OF LOT 5. BLOCK C,PINE RIDGE
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1317 WOODBINE
STREET, TOGETHER WITH THE ABUTTING RIGHT .OF .\~AY OF
WOODBINE STREET, INTO THE CORPORATE LIMITS OF THE CITY,
AND REDEFINING"THE BOUNDARY LINES OF THE CITY TO INCLUDE
SAID ADDITION: PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater to
annex the p'roperty into the City pursuant to Section 171.044, Florida Statutes.
and the Clty has complied with all applicable requirements of Florida law in
cbnnection with this ordinance: now. therefore,
;)(P
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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 Cl earwater and the boundary 1; nes of the Ci ty are redefi ned accordi ngly:
.
Lot 5. Block C, Pine Ridge Subdivision, according to the map
or plat thereof as recorded in Plat Book 28, Page 98. public
records of Pinellas County. Florida. together with the
abutting right-of-way of Woodbine Street. (A95-13)
Section 2. The provisions of this ordinance are found and det~rmined to
be cons i stent with the Ci ty of C 1 ea rwater Comprehens i ve Pl an. The Ci ty
Corrmission hereby accepts the dedication of all easements. parks. rights-of-way
and other dedications to the public which Ilave heretofore been made by plat. deed
or user within the annexed property. The City Engineer, the City Clerk and tIle
Central Permitting Director are directed to include and show the property
described herein upon the official mllps and I'ecords of the City.
Section 3. This ordinance slla11 take effect imnediately upon adoption.
The City Clerk shall file certified copies of this ordinance. including the map
attached hereto, wi th the Cl erk of the Ci reui t Court and wi th the County
Admi ni strator of Pi ne 11 as County. Fl or; da, w; thi n 7 days after adoption. and
shall file a certified copy with the Florida Department of State witllin 30 days
after adoption.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20 t 1995
\
Rlta Garvey
Mayor -Conlni s s i oner
Approved as to form and
legal suffiCiency:
Jrh.~k~
Ci ty Attomey
Attest:
Cyn till a t. Gouclea u
C.ity Clerk
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ORDINANCE NO. 5865-95
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE. THE LAND
USE FOR CERTAIN' REAL PROPERTY LOCATED EAST OF BETTY
LANE. CONSISTING -OF LOT 5. BLOCK C. PINE RIDGE
SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 1317 WOODBINE
STREET. TOGETHER WITH THE ABUTTI NG RIGHT. OF . WAY OF
WOODBINE STREET, AS RESIDENTIAL LOW: PROVIDING AN
'EFFECTIVE DATE.
WHEREAS. the amendment to the future 1 and use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable. proper and appropriate, and is consistent with the City's
comprehensive plan: now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
.
Section 1. The future land use plan element of the comprehensive plan of
the City of Clearwater is amended by designating the land use category for the
hereinafter described property as follows:
Property
Lot 5, Block C. Pine Ridge
Subdivision. according to the map
or'plat thereof as recorded in Book
28, page 98. public records of
Pinel'as County, FL. together with
the abutting right-of-way of Woodbine
Street. (LUP95 -15)
Section 2. This ordinance shall take effect immediately upon adoption.
contingent upon and subject to the adoption of Ordinance No. 5864.95.
Land Use CateQorv
Residential Low
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 20, 1995
\
Approved as to form and
legal ,SUZi~nCY:
pamtra {, A In
City Attorney
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 5866-95
Q?[
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN
REAL PROPERrr LOCATED EAST OF BETTY LANE, CONSISTING OF
LOT 5, BLOCK C. PINE RIDGE SUBDIVISION. WHOSE -POST
OFFICE ADDRESS IS 1317 WOODBINE STREET. TOGETHER WITH
THE ABUTTING RIGHT .OF . WAY OF WOODBINE STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE. FAMILY
RESIDENTIAL 8 (RS.8): PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth
in this ordinance is found to be 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
Lot 5. Block C. Pine Ridge Sub-
division. according to the map
or plat thereof as recorded in
Plat Book 28, Page 98. public
records of Pinellas County. FL.
together with the abutting right-
of.way of Woodbine Street. (A9S-13)
Sect ion 2. The Centr a 1 Permi tt i ng Di rector is di rected to revi se the
zoning atlas of the City in accordance with the foregoing amendment.
ZoninQ District
RS.8 . Single-Family'Residential 8
Section 3. This ordinance shall take effect immediately upon adoption.
subject to the adoption of Ordinance No. 5864-95.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
, READING AND ADOPTED
July 20) 1995
Rita Garvey
Mayor.Commissioner
Attest:
~
Cynthia E. Goudeau
City Clerk
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ORDINANCE NO. 5868-95
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO VEHICULAR TRAFFIC:
CREATING ARTICLE VI, CONSISTING OF SECTIONS
30.171 THROUGH 30.177: RESTRICTING THE
PRACTICE OF "CRUISING, " OR UNNECESSARY
REPETITIVE DRIVING, ON CERTAIN STREETS TO BE
DESIGNATED PURSUANT TO THIS ORDINANCE:
PROVIDING FOR FINES: PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, the City commission finds that the uncontrolled
practice of "cruising, 11 or the unnecessary and repetitive driving
of motor vehicles on certain streets (as defined more particularly
herein), creates a substantial backup of traffic, interferes with
the orderly flow of pedestrian and vehicular traffic, impedes the
movement. of emergency service vehicles, pollutes the air, and
otherwise endangers the public health, safety and welfare of the
residents of the City of Clearwater anp their guests and business
invitees, resulting in a substantial expenditure of public funds to
insure the protection of public health, safety and welfare:
WHEREAS, Ordinance No. 5542-94 was automatically repealed on
June 1, 1994 pursuant to section 3 of said Ordinance: and
WHEREAS, the City Commission finds that the re-adoption of the
provisions of said Ordinance will contribute to the public health,
safety and welfare: now, therefore,
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ARTICLE VI. CRUISING CONTROL
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BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
section 1. Article VI, Code of Ordinances, consisting of
sections 30.171 through 30.177, is created to read:
Sec. 30.171. Short Title.
This article shall be known and may be referred to as the
"City of Clearwater cruising control ordinance."
Sec. 30.172. Definitions.
For the purpose of this chapter, the following definitions
shall ~plY:
(1) IICongested traffic" means traffic on any public stree:t
which is delayed to the point that:
]
)
1
I
(a) Motor vehicles cannot move through a lOO-yard approach
corridor to an intersection controlled by a traffic light within
two complete green light cycles, where the delay in forward
movement is due to the position of other motor vehicles: or
(b) Motor vehicles cannot move through a lOO-yard approach
corridor to an intersection controlled by a traffic light, stop
sign, or yield sign within a five-minute period of time, where the
delay in forward movement is due to the position of other motor
vehicles; or
(c) Motor v.ehicles cannot readily move forward on portions of
the public street between intersections with other public streets
because traffic speed is slowed to less than five miles per hour,
where the delay in forward movement is due to the position of other
motor vehicles.
(2) "Cruising" means driving a motor vehicle on a designated
street past a traffic control point two or more times in any four
hour period, following a determinatioQ that a state of congested
traffic exists and during the time in which the city manager, the
police chief, or the designee of either, shall have posted a
designated street with signs informing the public that the street
is subject to regulation under the city of Clearwater cruising
control ordinance, or permitting a motor vehicle to be so operated.
The operation of a motor vehicle past a traffic control point under'
the aforesaid conditions, after notice as provided herein, shall
constitute unnecessary repetitive d~iving and therefore a violation
of this ordinance.
(3) "Designated street" means anyone or more public streets
designated as such pursuant to this ordinance; provided, that no
portion of a state highway shall be included as a designated
street. Any street so designated shall be clearly marked with
signs advising the public that the street is subject to regulation
under the city of Clearwater cruising control ordinance.
(4) UEmergencyll means an unforeseen combination of
circumstances resulting in a situation that requires immediate
attention to care for or prevent serious bodily injury, loss of
life, or significant property loss. The term includes, but is not
limited to, a fire, a natural disaster, or an automobile accident.
(5) IIGreen light cycle" means the period commencing upon the
switching of a traffic light from a red light to a green light
through to the return of the red light.
,
(~) "Lawful purpose" means the following:
. j
,
(a) Involved in an emergency;
2
(b) Traveling directly to or from an activity that involves
the exercise of rights protected under the First Amendment of the
united states Constitutioni
(c) Traveling directly to or returning directly from lawful
employmenti or
(d) Traveling directly between home or place of residence and
a school-sponsored function, a religious function, or a function
sponsored by a civic organization.
(7) "Traffic control point" means a clearly identified
-reference point on a designated street, as determined and marked
from time to time by the Police Department.
Sec. 30.173. Cruising prohibited.
No person shall engage in unnecessary repetitive driving, also
known as lIcruising" as defined in Section 30.172, while operating
a motor vehicle, and no person shall permit another to"engage in
cruising while operating a motor vehicle under his or her care,
custody and control, after notice as described in section 30.174.
Sec. 30.174. Notice.
(1) Upon observation that a motor vehicle has been operated
on a designated street past a traffic control point two or more
times following a determination that -a state of congested traffic
exists and during the time in which the designated street has been
posted as provided herein, the vehicle shall be stopped at the time
.of or after the second or subsequent observation for the purpose of
giving notice to the operator and to each passenger in the vehicle.
The notice, which may be orally or in writing, shall inform the
operator and passengers that this ordinance is in effect, and that
a subsequent operation of the vehicle past a traffic control point
wi thin four hours after the initial observation of the vehicle
shall constitute a violation of this ordinance. The notice shall
include a brief and general description of the designated streets
or the area containing the designated streets, and a description of
the fine which may be imposed upon conviction.
(2) Because the operation of a motor vehicle past a traffic
control point after issuance of the notice described her~in
constitutes the offense of violating section 30.173, a citation
shall be issued to the actual operator of the motor vehicle at the
time the offense occurs if the operator was the operator or a
passen~er in the motor vehicle at the time of the issuance of the
notice. It shall be immaterial whether the operator at the time
the offense occurs actually operated the motor vehicle each time it
passed the traffic control point.
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(3) At the time a motor vehicle is stopped to give the notice
described in this section, and at the time a motor vehicle is
stopped after the giving of such notice, and prior to issuing a'
citation to the operator of the motor vehicle, the officer shall
afford the operator or a passenger in the motor vehicle an
opportunity to explain any lawful purpose for his or her conduct.
No person shall be convicted for violating section 30.173 if it
appears at trial that the explanation given was true and disclosed
a lawful purpose, and that the lawful purpose did not constitute
unnecessary repetitive driving. Refusal by the person to explain
his or her conquct to the officer shall not be deemed an element of
the offense or evidence establishing probable cause that the person
has violated this section, nor shall such refusal be admissible
against the person in a trial of the offense.
Sec. 30.175. Exclusions.
Section 30.173 shall not apply to:
(1) Any public service, police,. fire, emergency, or other
governmental vehicle or any ambulance when operated in an official
capacity;
(2 J Any licensed public transportation vehicle or any vehicle
utilized for business or commercial purposes, when operated for
such purposes; or
(3) An operator or passenger of a vehicle when the operator
or passenger is engaged in a lawful purpose.
Sec. 30.176. Designation of streets.
The city manager, the chief of police, or the ranking police
officer on duty in the police district is authorized to designate
a public street, other than a state highway, as a designated or
"cruising restricted" street upon a determination that a state of
congested traffic, as defined in Section 30.172 exist.s. Such
designation shall include any portion of the street within which
the congested traffic condition is found to exist. upon the
designation of a public street as a designated or "cruising
restricted" street, the police department shall post or cause to be
posted notices to the public to such effect, and shall establish
one or more traffic control points to identify the vehicles being
operated upon the designated street.
Sec. 30.177. Penalty; Enhanced Penalties for Repeat Offenses.
'\
(1) Any person violating Section 30.173 shall, upon
conviction, be subject to the imposition of a fine in accordance
with the P1nellas County Uniform Fine SchedUle for Local Ordinance
Violations, as established by administrative order of the County
4
.
,
Gourt for Pinellas County, as the same may be amended from time to
time. As of the'date of adoption of this ordinance, a violation of
this ordinance 1.s -a Class V violation, for which the penalty is a
$10.00 fine plus $20.00 costs, or $30.00.
(2) A second violation of this ordinance within 24 months
following a violation of this ordinance by the same offender shall
be' punishable by the penalty prescribed for the classification
level one class above the classification level for the first
offense. For the third and subsequent violations of this ordinance
by the' same person within the period of 24 months following the
first violation of this ordinance, the offense shall be punishable
by the penalty prescribed for the classification level one class
above the classification level prescribed for the previous
violation as provided by the Pinellas County uniform Fine Schedule
for Local Ordinance Violations, according to the following
schedule: -
Class Fine Costs Total
Initial offense: V 10.00 20.00 30.00
Second offense: IV 35.,00 20.00 55.00
Third offense: III 60.00 20.00 80.00
Fourth offense: II 110.00 20.00 130.00
Fifth and subsequent
offense: I 135.00 20.00 155.00
(3) In the event that the pinellas County Uniform Fine
Schedule for Local Ordinance Violations is amended after the
adoption of this ordinance, the fines and costs as set forth in the
amended schedule shall be applicable to any violation of this
ordinance.
section 2. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
July 20 J 1995
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
Rita G~rvey
Mayor-Commissioner
Cynthia E. Goudeau
City Clerk
t:r;e::c~as to ~ and legal
Robert J Surette, Esq.
Assistant City Attorney
sufficiency:
5
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-r.M .1-
Clearwater City Commission
Agenda Cover Memorandum
Item II
Ml!l!tlng Dntl!:
3:+
~.3.95
SUBJECT:
Interactive Multimedia (Kiosk) Software Development
RECOMMENDATION/MOTION: Award a contract to Silver Image, Inc. of Clearwater,
FL, being the best response submitted in accordance with specifications, at a
cost of $36,000.00 for the development of and training on interactive,
multimedia software for use in a city Information Kiosk, and authorize related
expenditures of $8,100 for computer hardware and a cabinet
~ and that the approprlote offlclnls be outhorized to execute some.
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BACKGROUND: In May, 1994, a computer based kiosk system was demonstrated for
the City Commission. The system utilized high quality, computer based graphics
to provide a wealth of information to citizens. Advantages of a kiosk include:
. High accessibility of City information to citizens
. Supplies answers to questions usually fielded by employees
. Information is kept timely through the use of software updates
. Increased awareness of and participation in City activities, events and
programs
. Easy access with quick answers that are consistent and accurate
. Feedback about the areas of citizen interest through logging of user
responses.
The Information Management Department released a Request for Qualification
(RFQ) on Murch 6, 1995. A vendor selection team was assembled, including four
(4) city staff members and one management team member from Clearwater Mall.
They were Jeff Harper and Laura Crook, Information Management; Arlita Hallam,
Library; steve Moskun, Finance; and Rob Courtney of Clearwater Mall. Two
vendors responded to the RFQ and, demonstration/rating sessions were held in
May, 1995.
$ 35,000.00
Current fiscal Yr.
Commission Action:
o Approved
o Approved w/conditlons
o Denied
o Continued to:
Revf cwed by:
Leg_D!
Budget
Purchasing
Rhk Mgmt.
IS
AC,",
Other
~.
I ~ f'
rI~ -
Originating Ocpt:
Infor tlon Manogement
Costs: S 44,100.00
Totnl
User Dept:
I nformntl on Mnnngement
Fooding Source:
~ Cap; tol Imp.
o opernting
~ Othar ~.Eropr; nted
Rcta i ned Em'n i nl}!:
Mtochmcnts:
Contract
Advertilled:
Onto: 03'03.95/03'10.95
Paper: Plnolloi County
RevieW/Tampa Tribuna
SWIll tted by_ 0 Not Rcqui red
- Affected "ort iell
~~ 0 Notified
Cltii'nag7- .. _~______.....~ Not Required
~ Printed on recycled paper
o None
^ppropri lit 1011 Code:
315'94721.564000.519-000
"'----
\"111-'.,..
- 2 -
The meeting criterion were: location of firm, successful experience with
similar projects, innovative features currently in use, completeness of RFQ
response, qualifications of key personnel, reference reports, financial
strength, ability to meet schedule and budget, litigation history, longevity of
firm, ease of navigation through levels, use of action videos, audio and music,
attractiveness of design, organization of information and ease of updating.
silver Image was selected as the vendor of choice. They scored consistently
higher on all rating categories. In addition, as a local Clearwater based
company, they already have an inherent familiarity with the community and with
many City services.
The contract with Silver Image includes reproduction services (research, script
writing, design, music search and location scouting), production (remote
photography and digitization of stills, graphics, design, audio production and
editing), and authoring (main kiosk and database programs, customer update
module, automatic update through modem interface, testing, installation on city
equipment and training). After the interactive, multimedia software is
purchased by the city, it may be copied, at no additional cost, for use in a
unlimited number of city Information Kiosks. The other vendor, North
Communications, reported during the demonstration that their minimum cost for
the project would be $75,000.00, and the city would not own the software.
Upon completion of the system on or before February 1, 1996, the Kiosk will be
placed in Clearwater mall (at no expense to the City) to achieve maximum
exposure. Usage statistics, gathered by the software, will be analyzed and the
suitability of the location will be evaluated after several months of use.
Additional costs associated with this project include the purchase of an Apple
computer ($2,500), a computer touch screen ($600), and a Kiosk cabinet
($5,000).
Funding in the amount of $35,000 is available in the Capital Improvement
project 315-94721, Kiosk Equipment. The balance of funding required in the
amount of $9,100 will be provided by a third quarter budget amendment
transferring this amount from the unappropriated retained earnings of the
Administrative services Fund. .
.\-:J.J;-':H-
Interactive Multimedia Production Agreement
for
The City of Clearvvafer .
TIllS AGREE~ is entered into as of this _ day of . 1995, between Silver hnage
Interactive, Inc. ("Silver Imagefl) and the City of Clearwater (liThe City").
The parties agree as follows:
1. Servioes
. Silver Image hereby agrees to prepare for and supply to The City the following custom version of
the City Information System ("System") for use by The City. The System is a stand alone, kiosk-
based interactive multimedia system. It has the following requirements and components:
. Has five major areas (initially identified but subject to change) of program information.
,
They are:
. · Management resources
· Infrastructure resources
· Publ,ic safety
· Quality of life
· City organization
+ There is dynamic linking to various subjects to expedite information retrieval
( Subject Directory)
. There is an Attract portion which is a self-contained, continuously running segment
attracting users to the system and explaining how to use it
. Active buttons on the left of the screen allow access to information through a touch screen
interface
I
I, . The system will be updatable through Macromedia Director 4.0, an authoring program
. The syst~ will provide a log of user responses for market research and feedback.
. The Custom Update Module will provide information updating from a menu driven
program
. An automatic update system w'i1l provide system changes via an RS-232 modem
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The development of the System encompasses, the following segments:
+ Pre-Production (segment 1)
· Research, treatment, meetings and script
· High level and detail design
.. Pre-production, music search, location scouting
. Production (segment 2)
· . Remote photography and digitization of stills
· Graphics design
· Audio production
· Audio and video digitization and editing
. Authoring (segment 3)
· Authoring Main Kiosk System and Database Programs
,
o Authoring Custom Update Module
· Authoring Automatic Update System through RS-232 modem interface
· Testing above programs/reauthor as needed
o Programs transferred to The Ci ty hard dri ve
· Installation and training
2. Designated liaison Personnel
In.order to maintain consistency and account familiarity, Silver Image will assign Merrily Miller as
the primary liaison between The City and Silver Image. The City will designate one employee as a
primary contact between Silver Image s'taff and The City. The City will also designate one employ-
ee per major project area as a primary contact within that area.
3. Payment Terms
The City agrees to pay Silver Image the sum of $36,000.00 for the System in the following manner:
· 20% <f7,200.00) upon completion of high level and detail design documents
· 30% (10,800.00) upon completion of Pre-Production (segment 1)
Deliverables included are:
· Completion of client database input requirements
· Project script
· Kiosk design and HVAC requirements
· Hardware specifications and recommendations
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· 30% ($10,800.00) upon completion of Production (segment 2)
Deliverables included are:
- Digitized photographic images
· Finished digital audio tracks
· Finished graphic designs and images
" Finished digital video segments
-10% ($3,600.00) upon completion of Authoring (segment 3) and before training is
provided and final product is transferred to The City computer hard drive.
Deliverables included are: >
· Final custom version of the System on The City Macintosh
· Authoring Custom Update Module
- Automatic Update System through RS-232 modem interface
- Training session for product updating
· Product manual
.
-10% ($3,600.00) Final payment after product is delivered and meets stated requirements.
Payment is due as specified above. Failure" to pay any amount due under this Agreement within 15
days of its due date is a material breach of this Agreement. All production will cease until back pay-
ment is made. Silver Image's obligation to provide the System under this Agreement is expressly
conditioned upon prompt payment amounts due. "
4. Project Timelines
Silver Image will begin the Pre-Production phase within 5 working days of receipt of initial project
deposit. The System will be given to The City in the 26th week following the beginning of produc-
tion. (See Attachmentl)
s. Projeot Changes
The City may request changes to the scope of the System by written project change request to Silver
Image specifying the desired changes. All changes to agreed upon work must be made in writing to
Silver Image. The change will be discussed and repercussions on the schedule will be noted in writ-
ing. Once accepted, the change will become part of the original document. All changes must include
the descriptionpfwork and the sign"ature of requester. Silver Image will submit to The City time and
cost estimates for such changes. Silver Image will also estimate any anticipated delays in imple-
menting any existing agreed to services resulting from the changes. If accepted in writing by The
City; Silver Image shall perform such changes subject to the time and cost estimates and any imple-
mentation schedule changes. Negotiations with respect to changes, or the failure to timely agree,
shall have no effect upon The City's obligation to timely pay for the System being provided to The
City pursuant to this agreement.
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6. Limited Warranty
(a) Services. Silver Imag~ represents and warrants to The City that the System is original to
the best of Silver Image's knowledge and that the System does not violate or infringe any
copyright, trademark, patent, statutory, common law, or proprietary rights of others, or
contain anything libelous. A copy of each such permission is to be furnished to The City.
(b) Items for Which Silver Image is Not Liable.
(1) As the. System is a stand alone information system and not connected to The City's onw
line network, under no circumstances is Silver Image liable for loss of, or damage to, the
city records or data.
(2) Silver Image is not responsible for hardware, systems or network software or applicaM
tions software that does not perform in accordance with the manufacturers' or developers.
specifications. Silver Image's only obligation is to use its expertise to the best of its ability
f
to assist The City in solving such problems.
(3) SILVER IMAGE SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGAw
nONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY OR INCI-
DENTAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Except personal injury, Silver Image's liability is limited to the actual damages
incurred by The City caused solely by the acts or omissions of Silver Image, subject to a
maximum liability in the amount The City is obligated to pay to Silver Image under this
Agreement. NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS INTEND-
ED.
,
(c) THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE. NO OTHER WARRANT'!,
WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. SILVER IMAGE SPECIFI-
CALLY DISCLAIM:S THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FTINESS
FOR PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN' ARE TIlE CITY'S SOLE
AND EXCLUSIVE REMEDIES.
\
7. City Acknowledgments
(a) Silver Image marketing rights. The City hereby allows Silver Image the right to copy,
show, demonstrate and present the System as a demonstration of Silver Image's design and
production capability.
Sllvc;z,.,.- 1'-"<=l9C~ Irol:'.-c.z.rClct.::...IVc.. h-lC::... Page 4
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(b) Internal Usage of Sys~em. The City acknowledges to Sil ver Image that The City will copy
and use the System for The City only and that The City will not distribute copies of the
System except for official City of Clearwater use unless required by the Florida public records
statutes.
,
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8. Hold harmless
Silver Image agrees tnat all persons working under the contract are their employees, and they agree
to save and hold harmless and indemnify The Ci ty against any and all claims made by their employ-
ees, or any other parties making any claims or who may make claims against the city arising out of
any acts by employees, agents or servants of Silver Image, including acts of negligence, or any other
type of claim brought against The City. .
9. Insurance
Silver Image maintains a corporate insurance policy fur Comprehensive General liability in the
amount of.$300,000.
10. Notice
Any notice under this agreement shall be mailed by certified mail to the recipient at its current
address. Notification addresses may be changed by notice.
...
11. Waiver
No waiver shall be deemed to have been made by any of the parties unless expressed in writing and
signed by the waiving Party.
12. Force Majeure
Silver Image is not liable for any failure or delay in furnishing the System resulting from circum-
stance beyond Silver Imagets control including but not limited to fire, explosion, flood, storm, hur-
ricane, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties,
transportation delays of carriers or product unavailability due to excessive demand upon manufac-
turers, developers or suppliers.
~
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-13. Law
(a) State Law. This Agreement shall be governed by the Laws of-the State of Florida.
(b) Attorneys' Fees. In the event of a dispute or if litigation proceedings are instituted by any
one or more of the parties hereto, the prevailing party to said litigation shall be entitled to reim-
,
bursement for reasonable attorneys' fees and costs incurred in connection with said. litigation
procedure. Fo.r purposes of this Section; the term "Attorneys' Fees and Coststl shall include,
without limitation, the actual attorney fees incurred in retaining cOWlSel for advice, s"uit, appeal
or any other legal proceedings,.
14. Entire Agreement
THIS AGREEMENT STATES SILVER IMAGE'S ENTIRE OBLIGATION IN CONNECTION WITH
THE SUBJECT MATIER OF THIS AGREEMENT. NO TERM OR PROVISION OF THIS AGREE-
:MENT MAY BE AMENDED, ALTERED, WAIVED, DISCHARGED OR TERMIN'ATED, EXCEPT BY
WRITIEN INSTRIDvIENT SIGNED BY THE PARTIES. In the event that The City issues a purchase
order or other document containing any provision contrary to a provision of this Agreement, it is
specifically agreed that same is for internal purposes and no term or condition stated in such docu-.
ment shall have any force or effect. .
Sll.VER WAGE INTERACTIVE, INC.
THE CITY OF CLEARWATER.
By:D~ Mill
By:
(Signature)
(Signature)
YQ~slurNT
(Title)
(Title)
jUL~
\
l? _, 1995
,.1995
(Dale)
(Date)
Sllvc:z.r II1\ClGt7.... Inl.:-o....rClcl.::.-lv<Z. l,-.c. Page 6
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Attachment'
Time Information
Activity
Month 2
Month 3
Month 4 Month 5 Month 6
.'
.':i~iti~'.i.':"M.~'~.~.i.'~.g.;'.'''''::''.'.'.'.'. . .... . ". ............... .......1........... .............. ...........1.... .... .'. ..... ..........................1....................:...................... ..............................................:........ ........................................................
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..I::U9b...I,.~Y.~!..Ab~~P.t...I...~............ ! ............................1..................,............... .................................. .........................~....... ................................
..D.etai.l..Design......:.........~........................ ........1..................................1-................................. ................................. ................................
...s.~rjp.~.i.og........~~...-.............I..........;,......~... !.........m.""_.._......L_..__~_. ~~_ __.
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...Scrlpt.Ap p roval.............j .h........ ................... ....I.....................
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...Audio.,Digitizingw..".L~mm_mw~.,.I. w."m,w',' .~..__L,....'..,..m.w_~_' . .. ...
. i : ! . I
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Jesting.~......._.~.........m.. !........."'.."..~~..~ ...1."" . ........"....._-~!........."....~_.""...".~I.__..~.~-~I~ ~ ~ ,
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Critical Dates - Client Supplied
:iIldes and Text
,
SllV0r IIr'IOg0 InC0rOCC-IV0 IrlG
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Meet! ng Date:
L\ ~ 1-
Clearwater City Commission 33'
Agenda Cover Memorandum
S" 3. 9 5
SUBJECT:
Parking lot for North Greenwood Library Branch
RECOMMENDATION/MOTION:
Approve agreement with the Pinellas County School Board calling for the City to
construct a parking lot for joint use by the library branch and school, on the
Pinellas County School Board property behind the North Greenwood Library at
Holt and Palmetto,
~ ond that the appropriate officials be authorized to execute samc.
BACKGROUND:
The North Greenwood Branch Library had a very small parking lot for four
vehicles before ADA requirements were enacted. Now, those four spaces have
been converted to two handicapped spaces and there is no parking for the able-
bodied.
The City approached school district staff in 1993 to see if they would be
willing to permit the City to construct a parking lot meeting City standards on
their vacant lot (which has been used by school personnel for parking) .
Initially they agreed, then asked for time to consider parking needs of the
surrounding Discovery, Curtis Fundamental, Community Pride, and other school-
owned properties.
We approached the school district again this year. They have verbally agreed to
,the attached proposal. The 126'x139' lot will be paved and striped according
to City standards under the supervision of the City's engineering department.
The ten paved parking spaces closest to the North Greenwood Branch will be
reserved for library customers during library hours and activities. The
remaining 21 paved and unpaved spaces will be used by the school district
during the hours that the school is in session, then will convert to joint use
after hours.
Total estimated cost of the project is $60,000. The 1995-96 Midyear Budget
adjustment provided funding for this project with the transfer of $60,000 from
the unappropriated retained earnings of the General Fund.
Total
Commission Action:
o Approved
o Approved w/condltlons
o llenled
tJ Contlnucd to:
RevlE!'tled by:
Legal
Budget
Purchasing
Risk Mgmt,
CIS
ACN
Other
fkJ-
~
~
ori9inat~ln Dept:
J I brnry
· LV
Costs: "
s
User Dept: . f' 1.1' .
Englncerlng f)' 'J-
Currcnt Fiscal Yr.
Submi tted by:
L).p-
Cl Mona;;?':
Advertised:
Oat\!:
Paper:
~ Not RCClUI red
Affected Parties
t!:) Notified
o Not Rcqui red
Funding Source:
}C Capital tmp.
o Opcratlng
o Other
Attachments:
Cost estimates
Parking lot design
Agreemcnt with School Boord
!;
(I
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Appropriation Code:
31S-93S19.SxxxOO'S7l
o None
.~
~w printed on recycled peper
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CITY OF CLEARWATER
lnterdepartment Correspondence Sheet
FROM:
Arlita Hallam, Director, Library ?) ,
Richard J. Baier. City Engineer 1-1" ·
Elizabeth M. Deptula, City Manager
William C. Baker, Assistant City Manager
Kathy S. Rice, Deputy City Manager
Terry Jennings, Chief Engineer
DonaldA. Meerians, Assistant Traffic Engineer
Gary A. Johnson, Engineering Project Coordinator
TO:
COPIES:
SUBJECT:
No. Greenwood library Branch Parking Lot
DATE:
March 21, 1995
I
l
Please find attached herewith Engineering's estimate for the construction of a paved 23.
space parking lot.
The estimate is inclusive of labor and materials to construct a parking lot to City
Standards. However, it does not include or foresee the need for any environmental
assessment report and the like.
We recommend increasing the $56,400 total cost to $60,000 to buffer any normal
construction overruns.
If you should need additional information, please contact me at extension 6042.
RJB/jl
Attachment
hbpklat.jrll:
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,
.
E S T r. M A T E
~~: C t E fi \.; ~/..J /.. ..," L 1 f31\~H; ~ ',' ESTIMATE BY: Gl8 DATE: "1,/7. "'J'
AkJ"J /1-/ ,-<iA Y.. ,-:; '^ / J1J("")fll) I."l'/.~;'I .' I ( I / CHECKED BY: DATE:
/~..4 f.,' I. 11\/ ti .:.. (J 'r .
REVISED BY: DATE:
:JOB NUMBER: OKrO. FOR BID BY: DATE:
ITEM EST. UNIT ESTIMATED
NO. ITEM UNIT QTY. PRICE TOTAL COST
C,.) !Iii 7 /; . (L.d,J/.)HlTi:' /) 6/;1J~..." 8:00
J. B.!' ) (~. . '(".=:j!J .~.. --1::'-, '1;) <>.- ---- 5,):' /070 R L) ? O. '00
[..'; ',1" 1 .:, ~" I".. ~Jl!.,..; ~ ) ,).~.5':"~r"":~.~:..J~
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('(Ill I , r:f _1.1~~.'!c.... ,-, l.... COAk'.<.';~~ r::- +.5 47. SO
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AGREEMENT
This Agreement made and entered into this
day of
, 1995, by and
between the City of Clearwater, Florida; a municipal corporation, herein referred to as
. II City, t, and" the School Board of Pinellas County, Florida herein referred to as "Board."
WHEREAS, the City has a need for additional parking for the North Greenwood
Branch Library, herein referred to as "Library;" and
WHEREAS, the Board is the 'owner of land adjacent to the Library, said land' used by
the Board's Clearwater Discovery School, herein referred to as "S.chool;" and
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WHEREAS, the City has funds available for c;onstruction of a paved, parking lot
. facility, herein referred to as "Parking Facility," adjacent to the Library; and
WHEREAS, the City and Board are each willing to cooperate in this matter under
1.
Term.
The term of this Agreement shall be for a period of ten (10) years,
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certain conditions and provisions;
THEREFORE, in consiqeration of the covenants herein contained and other good and
valuable consideration, the City 'agrees to costruct and maintain a Parking Facility on the
School site as shown in Exhibit "A, n according to the following terms and covenants;
commencing
. 1995 and ending
, 2005. This Agreement shall stand renewed for additional
ten (10) year periods upon a'pproval by both parties, as evidenced by written correspondence
by the Superintendent of Schools and City Manager. .
~ Description of Improvements. Th~ City agrees to construct a Parking
Facility, which shall include paved parking, retention area, fencing and associated
improvements to the School site as shown in Exhibit II A. tt The City agrees that prior to
making any of the improvements shown in Exhibit" A, II or any other subsequent
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07/1J/95 TI1U 15:52 FA! 5-17 7:!21
peSD FAC PLAN
~002
. improvements to the Parking Facility. the Superintendent of Schools, or designee, will
review for approval the plans provided by the City. Said approval, if given, shaH be in
writing and shall delincate any modifications or conditions to the construction plans, as
agreed by the City Manager . and Superintendent of Schools, or their respective designees.
After making any of these improvements, the City agrees to restore any affected portions of
the School site to at least as good a condition as existed prior to the installation of the
Parking Facility.
3.
Maintenance of Imnrovements.
The City agrees to maintain the Parking
Facility, inclUding but not limited to: paved parking, parking stops/bumpers, retention are.l,
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fencing on the east side of the Parking Facility I signage, and landscaping within and
immediately adjacent to the Parking Facility; and to pay aU associated maintenance coStS.
The City agrees to inspect on a regular basis, or when requested by the Board, the Parking
Facility and to make any necessary repairs or maintenance in a timely manner.
4. Return Condition of Fucilitv. The City agrees to return thc Parking
Facility and surrounding area to a clean nnd sanitary condition after use by the City or City-
sponsored groups, agents or invitees. The Board agrees to rerom the Parking Facility and
surrounding area to a clean and sanitary condition after usc by the Board or Board-sponsored
groups, agents or invitees.
5.
Dates and Times of Use.
Both parties agrce that the Library will have
exclusive use of the tcn (10) paved parking spaces on the south portion of the Parking
Facility, said ten (10) parking spaces located closest to the Library, for City, Library, and
~brary-sponsared programs, year-round, during nonnal hours. of operation. Both parties
agree that the School will have exclusive use of the eight ~8) paved parking spaces and tIle
unpaved overflow parking on the north portion of the Parking Facility I said eight (8) parking
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07/13/95
TIIU 15:5~ FAl 5~i
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PCSB FAC PL\N
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spaces and overflow parking located furthest from the Library, for Board, School. and
School-sponsored programs. year-round, during normal hours of operation. It is the intent of
the partics. nor:withstanding the exclusive hours aforementioned in this paragraph, thnt the
Library and School attempt to accomod:lte the parking needs of each other that may arise due
to. special events and/or extended hours, when the use thereof does not inr.erfere with
scheduled Library or School programs. The City and Board agree that questions concerning
days of and times of use of the Parldng Facility shall be resolved between the School
Principal and the Library Branch Manager said resolution to be evidenced by written
cOrrespondence between the School Principal and Library Branch Manager, The resolution of
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questions" concerriing days of use and times of use that can not be resolved by the School
Principal and Library Branch Manager, or other unforeseen questions arising out of this
,
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agreement. shall be addressed according to the terms and conditions of this agreement as
s(at~d in paragraph 9.
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6.
Restriction on Use.
Use of the Parking Facility by priV:HC
parties or organizations. or by business enterprises for profit is prohibited, unless agreed to,
in writing, by both parties. The City and Board further agree to make no unlawful.
improper. or offensive use of the Parking Facility. The Library and all its invitees shall
. .
abide by all Board policies, including policy numbers 6Gx52-5.25 and 6G:62.5.27, which
prohibit the conswnption of tobacco products and/or alcoholic beverages on Board property,
including outside areas.
7.
Hold Harmless.
Subject to the limitations contained in Section 768.28,
Flqrida Statutes (1993), the parties agree each will save the other harmless on account of the
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negligent acts of iLS employees, servants or agents or on account of any unsafe conditions
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that may exist as a result of the m:gligent operation by the parties of the subject facilities.
The City and Board agree to be responsible for loss or damage to the facility while used in
their respective programs, except for routine maintenance. The City and Board agree to
provide each other proof of insurance coverage or self~insurance in the' amounts set''forth in
Section 768.28, Florida Statutes.
8. Assignment. Inspection and Termination. 'The City and Board will
not assign this Agreement or sublet the premises or any part the~eof without the written
consent of the other party. The Board, its officers, agents and servants, shall have the right
.:
to enter and inspect the subject premises and the operation being conducted thereon at
reasonable times.
This Agreement shall remain in effect unless tenninated by either party as follows:
a) Upon breach of this Agreement by a party, the other party shall give
written notice of tennination of this agreement specifying the claimed breach and the action
required to cure the breach. If the breaching party fails to cu.re the breach within five (5)
days from receipt of said notice, then the contract shall terminate ten (10) days from receipt
of the written notice;
b) Either party may terminate this Agreement by giving written notice to the
other partY that the Agreement will tenninate one (1) year from the receipt of said notice by
the other party. Upon tennination of this Agreement, the Parking Facility improvements
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shall become the property of the Board.
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9. Unforcscen Qucstions. The City and Board agree that in the event of' -
unforeseen questions arising Ollt of use of the parking facility or otherwise arising under this
Agreement, said questions shall be settled in writing between the Superintendent of Schools
and the City Manager, or their respective designees.
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10.
Litil!ation. In the event litigation is necessary to enforce any of the terms or
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conditions of this Agreement, the prevailing pany shall be entitled to recover
its costs and expenses, including reasonable attorneys' fees from the non-prevailing party.
11.
Headines.
The headings of this Agreement are for convenience abd
reference oruy and in no way define, limit, or describe the scope of intent of this Agreement
or imy part hereof, or in ariy way affect the same, or construe any provision hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
. the day and year first above written.
City Clerk
CITY OF CLEARWATERJ FLORIDA
By:
City Manager
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Attest:
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Attest:
THE SCHOOL BOARD OF
PINELLAS COUNTY J FLORIDA
By:
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Approved as to form and content:
City Attorney (designee)
Ex-Officio Secretary
Chairman
Approved as to form:
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School B~ Attorney
P rep:lfed by .
Real Property ManaGement Depanmenr
Pine lias County School Board. 5(8195
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Primarily School Use (paving) 1
OVERFLOW l'ARKlNO I
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rlNELLAS COUNTY SCHOOL nOARD "RorE Y ~
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; l, CLEARWATEn LIBRARY I
I NORTH GREENWOOD BRANCH I
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, M'/'RO.\'I.If,u Ii SC,tLE: J. - 20'
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RETEN170N AREA
Primarily Ubrary Use
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AGEN',DA".
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ITEM #'
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Clearwater City Commission
Agenda Cover Memorandum
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Meeting Dote: ____
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SUBJECT: Second Amendment to License Agreement between the City of Clearwater
and GTE Mobilnet of Tampa, Inc.
RECOMMENDATION/MOTION: Approve the second amendment to the existing License
Agreement between the City of Clearwater and GTE Mobilnet that allows two (2)
additional antennas to be installed on the elevated water tank of Del Oro Park,
an additional cabinet and equipment adjacent to the existing GTE building and
an increase in the annual rental fees
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BACKGROUND: An extendable agreement between the City of Clearwater and GTE
Mobilnet of Tampa, Inc. commenced on September ~, 1992 and was amended on May
12, 1994. The agreement and first amendment allows GTE Mobilnet to install and
operate six (6) antennas on the elevated water tank at DelOra Park and
miscellaneous communication equipment at the surrounding tank site. For these
installations, GTE Mobilnet pays the City in advance an annual sum of $9,000
plus 7% sales tax. During the primary term of the agreement, the rental fee
increases between 3% and 5% annually based on specified economic indicators.
The recommended second amendment allows for two (2) additional antennas and
another small cabinet for equipment that will be placed adjacent to the
existing GTE building already on-site. The rental fee increases to $11,250
plus 7% sales tax payable annually in advance and the effective date of the
rent increase will be August 4, 1995. All other terms and conditions of the
License Agreement continue in full force and effect.
Reviewed by: Originating Oept: Costs: $ N/A Commission Action:
Legal ~,.? LJ-f Publl c Works Total 0 Approved
Budget ;r;t I::J?L S N/A 0 Approved w/conditions
Purchasing 1'-' Current Fiscal Yr. 0 Denied
Risk. Mgmt. N/A User Dept:
DiS ~:'~(2..... 0 continued to:
ACH Funding Source:
Other 0 Copi tal I~.
Advertised: 0 operating Attachments:
Dote: 0 Other Second Amendment to License
':'~ Paper: Agreement between City of.
~ Not Required Clearwater and GTE Hobllnet
Affected Parties of Ta~a; antenna & cabinet
Submitted by: 0 Notified Appropriation Code: specifications
:l:. /Cf)4' 4 N/A
~ Not Required
City H ooer 0 None
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SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT is mnde and entered into
this day of ,1995 by and between the CITY OF CLEARWATER,
, FLORIDA (herein, "City"), and GTE MOBILNET OF TAMPA INCORPORATED, with
offices at 600 North \Vcstshorc Boulevard, Tampa, FL 33609 (hercin, "GTEMll)
WHEREAS, thc City and GTEM desire to ~mend the License Agrecmcnt dated August
20, 1992 and amended on May 12, 1994, between the City and GTEM regarding installing
antennas on the elevated water tank at Del Om Park~ now, therefore,
The parties agree as follows:
1. Paragraph 2 is amended to read:
2. Communication Equipment. City hereby grants permission to GTEM
to install and operate the following described cellular communications
equipment, building, generator' and associated equipment on or in the
Licensed Premises:
a) Two (2) Antel Model LPD 7908/4 antennas Thr-e~Q) S2-~CQM
Medel bPI) 790S-t-S nntenna-ert~lrcc (3)-Antel-BGR-&{}(H-3- or equivalent
with the antennas to be installed on the North side and mounted on the
'Vater Tank balcony hand rail assembly in accordance with Exhibit" AU and
the new Exhibit "B II attached hereto.
b) Two (2) Scala PRBB-850 Paraflector antennas to be installed on the
east side of the water tank at the 125-foot level.
c) Two (2) Antel BCR-800 13 antennas presently installed on the west
side of the water tank at the ) 25-foot level.
d) Two (2) Antel Model LPD 7908/4 antennas or equivalent with the
antennas to be installed and mounted on the south side and mounted on the
water tank balcony handrail assembly in accordance with Exhibit IIA\
Exhibit liB" and the new Exhibit "e: and Exhibie'D" attached hereto.
The e~act locations of antennas shall be supplied to City in the form of as-built drawings
after installation; no. alterations thereafter shall be made without prior written approval and
acceptance by City and GTE, such approval not to bc unreasonable withheld.
~-l.r) Flexible coaxial transmission lines between antennas and cellular
communications cquinment which shall be anchored and installed on
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thc watcr tank structurc in accorpance with good_ and accepted
engineering practices.
o (e) Radio communications equipment conslstmg of transmitters.
receivers and accessories to be installed in an equipment building located in
accordance with Exhibit 'D", The ground space shall be a 25' x 221 area.
more or less. within the existing water tank site. and a 3' x 3' space for an
equipment series IIM. minicell cabinet adjacent to the existing 25 x 22 foot
building. In this agreement. all of GTEM's equipment. building. panels.
generator. cables. wires. antennas. and accessories are rcferred coJlectively
to a "Communications Equipment" or "Communications Center. II _
4. Rent: During the primary term of this Agreemcnt, as rental for the
Licensed Premises, GTEM will pay City the annual sum of Nine-'f.heusand
and-00I+OO-901aFs-tS9;GOMQ}-pluHo/o-Sflles-iax-Si*-'Fho\J5flnd-Five
Hoodred-Feur--f)el!ars ($6,504.00)Eleven-thousand two-hundred fifty and
00/100 dollars ($11.250.00) plus 7% sales tax payable annually in advance.
The effective date of the rent increase will be August 1. 1995. The "rental
during the primary term will be adjusted at the end of each ycar and shall
be based on the U.S. Department of commcrce ItNational Consumer Price
indextl for all urban consumers, U.S. city average ("CPIMU) indicator from
the most recently published indicator prior to the adjustment date, and
multiply the resultant number- by the yearly license rental amount of the
most recent past license period; provided, however, that the new yearly
license increase amount shalt in no case be less than 3% or more than 5%
of the most recent past yearly license rental amount.
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2. Paragraph 4 is amended to read:
3. GTE Mobilnet of Tampa Incorporated, will insure that it complies fully with
Paragraph 20(a) of the aforesaid License Agreement prior to installing any
additional equipment or antennas.
4. AIl other terms and conditions of the License Agreement shall continue in full
force and effect.
IN WITNESS WHEREOF, City and GTEM have executed this Second Amendment to
License Agreement as of the date and year first above written.
Countersigned:
City Of Clearwater, Florida
By:
Rita GaJtvey
M n yor-C onuni ssi 0 ner
EUzabe:th M. Veptu1.a
City Manager
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Approved as to form and legal sufficiency:
Attest:
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Paul Richard Hull
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
\'(r'ITNESSES:
Incorporated
GTE Mobilnet of Tampa
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BY: Byron W. Smith
. Area President.Florida
(print Name)
(print Name)
, .
STATE OF FLORIDA ).
COUNTY OF PlNELLAS )
BEFORE ME personally appeared Rita Garvey, Elizabeth M. Deptula, Paul Richard HuH,
and Cynthia E. Goudeau, to me well known, and known by me to be individuals described
in and who executed the foregoing instrument as Mayor~Commissioner, City Manager,
Assistant City Attorney and City Clerk, respectively, of the City of Clearwater and that
said seal affixed to the foregoing instrument is the City seal of the City of Clearwater and
said instrument is the free act and deed of said City.
\VITNESS my hand and offici,,( seal this
day of
I 1995.
Print/Type Name:
Notary Public
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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The foregoing instrument was acknowledged before me this day of
1995, by Byron \Y.!. Smith) Area President-Florida of GTE Mobilnet of Tampa
Incorporatedt a Delaware corporation, on behalf of the corporation. He is personally
known to me or has produced as identification and did not'take an
oath.
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Print/Type Name:
Notary Public
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My Commission Expires:
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ANTIE[l
Directional antenna
LPD-7908/4
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Radiation~pattern
(at mid-band)
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Mechanical specifications
Length 1200 mm
Width 130 mm
Depth 640 mm
Weight
16 kg
Wind Off:;l
Wind land ..I SOm/s
0.73 m2
, 140 N
Maunlinq
Through'lllIf:e pair of clamps to pipe diam.
050-160 null. Weight 8.25 kg.
Antennn 1.I,115isling of brass and covered
by a fibrr '111,155 radome.
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VSWR ref. to son
Electrical specifications
Frequency range : 790-960 MHz
Impedance ; son
Connector : 7/16 or N
II VSWR : :::; 1.25:1
Polarisation : Vertical
lJ Gain ; 14 dBd
21 Power rating : 500 W
1) Half power angle
H-plane
E-plane
11 Lobe tilt
I) Null fill in
Lightning prolection
60<)
130
1.250
5%
Direct ground
11 TYPical Vlllue~.
:!J POWl!r Rallng limited by connector anll'
Improvements and minor changes con be made without notice.
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Clearwater City Commission
Agenda Cover Memorandum
3c
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Item II
Mooting Dote: 08/03/95
SUBJECT:
Clearwater Mall Stormwater Treatment Retrofit Project Interlocal Agreement
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RECOMMENDATION/MOTION:
Approve an Interlocal Agreement between the City and the Southwest Florida
Water Management 'District for construction of a retrofit stormwater treatment
area at Clearwater Mall,
~ and that the appropriate officials be authorlzod to oxecute SDme.
BACKGROUND:
The Environmental Management Group has been involved in efforts, in conjunction
with Clearwater Mall and the Southwest Florida Water Management District (SWFWMD),
to construct a retrofit stormwater treatment project on the mall property. The
project consists of providing treatment for existing untreated stormwater runoff
from approximately 27 acres (40% of the entire mall property) which discharges
from the mall property southeast through a 60 inch reinforced concrete storm sewer
directly into Old Tampa Bay, an Outstanding Florida Water.
The Tampa Ba.y National Estuary Program has identified this area of Old Tampa Bay
as exhibiting relatively poor water quality. Untreated urban stormwater runoff
containing high concentrations of petroleum products and heavy metals (typical of
parking lot drainage) is identified as a significant contributor to the water
quality degradation.
The agreement consists of the following items and responsibilities:
CITY OF CLEARWATER
1. Provide design engineering, construction plans and state and local permitting
for construction of an approximately 0.75 acre on-site stormwater retention area
to be located at the rear of the mall property.
2. Provide construction contract administration for construction of the proj ect i
including preparation of bid documents, award of construction contract,
Reviewed by:
Legal
Budget
Purchllsln9
Risk Hgmt.
CIS
ACH
Engineering
Originating Oept:
Engineering! E
Costs: $ 14,500
Total
$ 7500
Curront Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditlons
o Denied
o Continued to:
User Dept:
Engineering
Funding Source:
o ClIpl tal Imp.
19 Oporating
o Other
Attachments:
Interlocal AgroeffiCnt
Submitted by:
&~
Citall~a~
Advertised:
Date:
,..rj Paper:
~ Not Roqui red
Affected Parties
o Not If led
~ Not Requl red
Appropriation Code:
419-01366-510100-539-000 &
419-01366'530100-539-000
o None
~ Printed on rocycled paper
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construction inspections and construction completion certifications.
3. Approve a variance to the overall-mall parking requirements to compensate for
any loss of parking spaces associated with this project. [The city Development
Code Adjustment Board approved this variance at the April 14, 1994 meeting.]
04. Approve a revision to the Certified Site Plan incorporating the stormwater
treatment area. [The Development Review Committee gave preliminary approval to
the plan at the February 24, 1994 meeting.]
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
1. . Provide funds for the construction of the stormwater retention area.
[$110,000 has been included for this project in the SWFWMD budget for FY 1994/95.
The Pinellas-Anclote Board approved the final funding in June 1994.]
CLEARWATER MALL
1. Provide a temporary construction easement for construction of this retention
area on mall property.
2. Own the retention area and be responsible for long-term maintenance.
3. Provide a perpetual drainage and access easement to the city for inspections
and monitoring.
An agreement between the City and Clearwater Mall incorporating these items has
been approved by the mall and is presented as a separate agenda item.
The exposure from this cooperative project will provide valuable public education
that could ultimately lead to other cooperative efforts to bring developments
constructed before treatment regulations into compliance with state criteria. The
Ci ty Environmental Advisory Board has reviewed and endorsed the plan and agreement
at the July 19, 1995 meeting. As is typical of SWFWMD funding agreements, the the
City is responsible for the initial payment of project costs, with SWFWMD to
reimburse these costs within 30 days. This agreement does not commit the City to
any unreimbursable capital expenses, rather lIin-kind" services will be provided
through existing operating budgets in the form of personal services and other
operating expenses. Existing staff and Engineering Department operating budgets
ar~ sufficient for this project in FY 1994/95 and FY 1995/96. The contractor will
be selected by bid, with City Commission approval required prior to award of the
construction contract.
Attached is the Interlocal Agreement as approved by SWFWMD and recommended by
staff for Commission endorsement.
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Contract No.r}StO",/{JCC'04I
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COOPERATIVE AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE CITY OF CLEARWATER
TO CONSTRUCT A STORMW A TER RETROFIT PROJECT
AT THE CLEARWATER MALL IN PINELLAS COUNTY
THIS COOPERATIVE AGREEMENT is entered into this_ day of
1995, by and between the SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT, a public corporation created by Chapter 61w691, Laws of Florida,
as amended, hereinafter referred to as the "DISTRICT", and the City of Clearwater, a political
subdivision of the State of Florida, hereinafter referred to as the "CITyt'.
WITNESSETH:
WHEREAS, the Florida Water Management Districts, pursuant to Chapter 373, Florida
Statutes, have been given the authority and responsibility to promote water conservation,
development and proper utilization of surface and ground water resources; and,
WHEREAS, the Clearwater Mall, located at the intersection ofStatc Road 60 and U.S.
Highway 19 in east-central Pinellas County as shown in Exhibit "A" attached hereto and made
part hereof, was constructed prior to the inception of the State's Storm water Rule in 1982,
Chapter 17w25 F.A.C., and as such discharges untreated stormwater runoffdirectIy into Tampa
Bay; and,
WHEREAS, Tampa Bay has been identified as an Outstanding Florida Water by the
Florida Department of Environmental Protection, and is the number one priority waterbody of
the DISTlUCT's Surface Water Improvement and Management (S.W.I.M.) program; and,
WHEREAS, the CITY has requested the DISTRICT's assistance in funding the
construction of a stormwater treatment facility to retrofit approximately 27 acres of mall
property~ hereinafter referred to as the npROJECT"; and,
WHEREAS~ the CITY will be responsible for acquiring the necessary land interests from
the mall owner to construct, operate and maintain the PROJECT; and,
WHEREAS~ the DISTRICT and CITY have reached an understanding as to the
relationship and obligations each party shall have with regard to accomplishing the PROJECT,
and hereby desire to reduce said understanding to this written Cooperative Agreement
(Agreement).
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Contract No. q5't()A/IJ!JOO~1
NOW. THEREFORE, in consideration of the premiscs and the mutual covenants,
conditions and terms set forth herein, the DISTRlCT and CITY hereby mutually agree as
follows:
1 M SCOPE OF WQ.RK The CITY shall furnish services as required to accomplish the
PROJECT in accordance with the Scope of Work set forth in Exhibit llA" attached hercto and
incorporated by reference herein. Any changes to the Scope of Work shall be mutually agreed to
in writing prior to being performed by the CITY.
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2 - PRO.TEeT MANAGER The DISTRICT and the CITY shall each designate an employee
or, other lawful representative, as Project Manager for purposes of maintaining coordination and
review of the PROJECT. Each party's PROJECT Manager shall have sole and complete
responsibility to transmit instructions, receive information, interpret and communicate policies
and decisions with respect to all matters pertinent to this Agreement.
3 - COMPLIANCE WITH DISTRICT RULES & REGULATIONS Coincident with
PROJECT's design, the CITY and/or its design consultant shall meet with DISTRICT regulatory
staff to review the PROJECT's design to ensure the PROJECT will comply with all applicable
DISTRICT rules and regulations. Prior to PROJECT implementation permitting approval shall
be obtained.
4 - PERMITS The CITY shall obtain sufficient land intere~ts from the mall owner in the form
of a perpetual conservation and/or drainage easement to allow for the initial const.:uction and the
subsequent operation and maintenance of the proposed PROJECT. The CITY shall act as the
applicant of all pemlit applications required for the PROJECT and shall be responsible for all
applicable permit application fees.
5 M DISTRICT RECOGNITION The CITY shall recognize DISTRICT funding, and if
applicable Basin Board funding, in any reports. models, studies, maps or other documents
resulting from this Agreement, and the fonn of said recognition shall be subject to DISTRICT
approval. If construction is involved, the CITY shall provide signage at the PROJECT site that
recognizes funding for this PROJECT provided by the DISTRICT, and if applicable the Basin
Board(s). All signage must meet with DISTRICT written approval as to form, content and
location, and must be in accordance with local sign ordinances.
6 - FUNDING The DISTIUCT shall fund an amount not to exceed one-hundred ten-thousand
dollars ($110,000) for the actual construction of the PROJECT. In the event the total cost for
the construction of the PROJECT exceeds one-hundred ten-thousand dollars ($110,000), the
balance of the PROJECTs construction costs shall be funded by the CITY. Funding by the
DISTRICT is contingent upon funds being budgeted for the PROJECT by the DISTRICT
Governing Board and the Florida Department of Environmental Protection. The CITY shall be
Page 2 of 5
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Contract No.Q5t.ONfXXtJl/ ,
responsible for all costs associated with the design, permitting, construction advertisement,
construction administration, operation and maintenance of the PROJECT. The CITY shall be the
lead party to this Agreement and shall be responsible for paying PROJECT costs to prior
requesting payment from the DISTRICT. The DISTRICT shall reimburse the CITY for its share
of the PROJECT construction costs properly incurred by the CITY in accordance with this
Agreement and clearly set forth in invoices which are supported with the appropriate
documentation. Payment will be made to the CITY within thirty (30) days of receipt of a
properly documented invoice. Invoices may be submitted monthly by the CITY to the
DISTRICT at the following address:
Accounts Payable Section
Southwest Florida Water Management District
P.O. Box 1166
Brooksville, Florida 34605-1166
7 - TERM OF AGREEMENT This Agreement shall commence upon execution by both
parties and shall r:main in effect for three (3) years thereafter unless terminated earlier or
extended by mutual written agreement by both parties.
8 - PRO.IECT RECORDS AND DOCUMENTS The CITY shall, upon request, permit the
DISTRICT to examine or audit all project records, books, documents and papers during or
following completion of the PROJECT. The CITY shall maintain the records, books, documents
and papers for at least three (3) years following completion of the PROJECT.
9 - OWNERSHIP OF MATERIALS Unless otherwise mutually agreed in writing, the
DISTRICT shall have ownership of aU materials, products and documents produced pursuant to
this agreement.
10 - REPORTING The CITY shall provide the DISTRICT with copies of aU reports, models,
studies, maps or other documents resulting from the PROJECT.
11 - TERMINATION This Agreement may be terminated by the DISTRICT without cause
upon fifteen (15) calendar days written notice to the CITY. Termination shall be effective upon
the fifteenth (l5th) day after the CITY's receipt of said notice. In the event of such termination the
CITY shall be entitled to compensation for all services reasonably and properly incurred to the
date of termination. The CITY shall take all reasonable steps to avoid incurring any PROJECT
costs subsequent to receiving notice of termination.
12 - RELEASE OF INFORMA'flON The CITY shall not conduct any verbal or written media
interviews or issue press releases on or about the PROJECT without prior written approval from
the DISTRICT, which shall not be unreasonably withheld.
Page 3 of 5
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Contract NO'~L,{)rJlX:a:J/l
13. ASSIGNMENT Neither the DISTRICT nor the CITY may assign or transfer its rights or
obligations under this Agreement without prior written consent of the other party.
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J.4. SUBCONTRACTORS Unless specifically authorized in this Agreement, the CITY may
not subcontract any portion ofthis Agreement without prior written consent of the DISTRICT.
Nothing contained in this Agreement shall create any contractual relationship between any
subcontractor and the DISTRICT.
15 - NOTICES All written notices to the DISTRICT and CITY under this Agreement shall be
sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted
below;
;DIS1RICT
Michael L. Holtkamp, P.E.
SWIM Department
Southwest Florida Water Management District
7601 Highway 301, North
Tampa, Florida 33637
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CITY
Michael D. Quillen, P.E.
City of Clearwater
Engineering DepartmenVEnvironmental Management
P. O. Box 4748
Cleanvater, Florida 34618
16 - THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be construed to
benefit any person or entity not a party to this Agreement.
17 - MODIFICATIONS This Agreement constitutes the entire agreement between the parties
and may be amended only by a written mutual agreement specifically referencing this Agreement
and signed by aLL parties hereto. .
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IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have
executed this Agreement as of the date first above written.
Signed sealed and delivered in the presence of:
Witness
COUNTERSIGNED:
Rita Garvey
Mayor - Commissioner
Approved as to form and
legal sufficiency
City Attorney's Office
SWIM Dept.
Legal
Finance
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SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT
By:
Peter G. Hubbell, Executive Director
Federal 1D#: 59-0965067
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CITY OF CLEARWATER
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By:
Elizabeth Deptula
City Manager
A TrEST:
By:
Cynthia E. Goudeau
Date:
Federal 1D#: 59-
(seal)
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EXHIBIT "At!
SCOPE OF WORK
I.
PROJECT LANDS
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The CITY shall obtain a perpetual drainage easement and/or conservation easement from
the mall owner, Plaza Properties of America, Inc. covering the lands on which the
PROJECT is to be located, including access to the PROJECT site, to ensure the
PROJECT lands will always be used for the purpose intended under this Agreement.
II.
PHASE I - DESIGN AND PERMITTING
A. Field Investigations: The CITY shall perform all necessary field survey and
geotechnical work needed to prepare and evaluate alternative design concepts for the
PROJECT. As requested, the CITY shall furnish the DISTRICT with copies offield
survey data and geotechnical reports.
B. Conceptual Design Phase: The CITY shall evaluate alternative design concepts for
the PROJECT with the intent of optimizing treatment efficiency. A sand filtration system
will not be allowed based on the Florida Department of Environmental Protection's prior
review comments on the PROJECT. The CITY shall estimate pollutant load reductions
to Tampa Bay that could be expected of from each of the alternative design concepts
examined. The CITY shall summarize the alternative design concepts evaluated in the
form a letter report and submit it to the DISTRICT for review and comment. CITY staff
shall meet with DISTRICT staff to review the alternative design concepts examined by
the CITY and to select a preferred conceptual design.
c. Final Design Phase: The CITY shall be responsible for preparing detailed
construction plans and construction documents for the PROJECT based on the approved
conceptual design. As applicable, the DISTRICT shall be provided with copies of all
interim work products (e.g., 30%, 60%, and 90% submittals) for review and comment.
Work shall not resume on the final design of the PROJECT until the DISTRICTs review
comments have been satisfactorily addressed and the DISTRICT's Project Manager has
provided written approval to proceed with the next phase of design. DISTRICT review
comments andlor approvals shall be made in a timely and reasonable manner so as not to
compromise the ability of the CITY to meet the deadlines imposed in this Agreement.
Upon completion and acceptance of the final design by the DISTRICT and CITY, the
CITY shall furnish the DISTRICT with a complete set of mylar reproducible drawings
for the PROJECT which document As-Built construction.
D. Project Coordination: The CITY shall keep the DISTRICT advised at all times
during the final design and permitting process and shall copy the DISTRICTs Project
Manager on all PROJECT related correspondence.
Exltihit "A" - Scope of JPork - Page J
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E. Compliance with DISTRICT Rules and Regulations: Upon the completion of the
conceptual design phase of the PROJECT~ the CITY shall schedulc a pre~application
meeting with DISTRICT regulatory staff to confirm the PROJECT's design will be in
compliance with DISTRICT rules and regulations. The PROJECT must be designed to
be in compliance with DISTRICT rules and regulations or the DISTRICT shall not be
responsible for any payment under this Agreement.
F. Permitting and Permit Fees: The CITY shall prepare and act as the applicant on all
applicable environmental and construction permit applications needed for the PROJECT
and shall be responsible for all permit fees. Any city or county building~ site clearing,
work in right~of-way, or other city or county-issued permit will be the responsibility of
the CITY.
G. Design and Permitting Phase Schedule: The construction plans and contract
documents (Le., bid documents) for the PROJECT shall be substantially complete, and all
environmental and construction permit applications shall have submitted, within one (l)
year from the execution date of this Agreement. The construction plans and contract
documents shall be one hundred percent (100%) complete within thirty (30) calendar
days from the receipt of all environmental permits for the PROJECT. This time frame
may be extended if mutually agreed to, in writing, by both parties.
III. PHASE 1I- CONSTRUCTION
A. Contractor Sclcction: The CITY shall engage "the services of a general contractor,
hereinafter referred to as the "CONTRACTOR", through a competitive bid process to
construct the PROJECT based on the approved final design. The selected
CONTRACTOR must meet with DISTRICT approval. Nothing contained herein shall
create any obligation on the part of the DISTRICT to defend any challenge brought by
any offeror regarding the selection of the CONTRACTOR.
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B. Approval of Bid Documents: All construction bid documents require written
DISTRICT approval prior to advertisement. DISTRICT review comments and approval
of the construction bid documents shall be made in a timely and reasonable manner so as
not to compromise the ability of the CITY to meet the deadlines imposed in this
Agreement.
C. Contract Administration: The CITY shall be responsible for all contract
administration and shall perform all necessary construction management services to
ensure the PROJECT is constructed in accordance with the approved final design and in
conformance with all environmental permits issued for the PROJECT. These services
shall include, but are not limited to: construction advertisement, receipt and evaluation of
bidst contract award, establishment of cOJistruction survey control, on~site construction
inspection and supervision, preparation of as-built Record drawings, and the submittal of
all required permit certifications upon the completion of construction. DISTRICT staff
Exhibit "A " - Scope of Work - Page 2
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IV.
CJ5CO/iJOOOOIII
may participate with CITY staff in site inspections during the construction phase. The
contract between the CITY and the CONTRACTOR shall require a Performance,
Payment and Guarantee Bond and the CONTRACTOR's comprehensive liability
insurance shall name the DISTRICT and CITY as an additional insured.
D. Construction Phase Schedule: The CITY shall advertise the construction contract
for the PROJECT within ninety (90) calendar days from the receipt of all environmental
permits, and shall compLete all construction within one (1) year from the issuance of the
Notice to Proceed to the CONTRACTOR. This time frame may be extended if mutually
agreed to, in writing, by both parties.
I)HASE III - OPERATION AND MAINTENANCEIPOSTMCONSTRUCTION
MONITORING
A. Operation and Maintenance: The CITY shall be responsible for the perpetual
operation and maintenance of the completed PROJECT facilities to maintain the
PROJECT's aesthetics, ensure the proper hydraulic operation of the PROJECT, and to
conform to all the conditions specified in the environmental permits issued for the
PROJECT. The maintenance of the PROJECT shall include the mowing of the
PROJECT's grassed areas. The standards and criteria contained in the Basis of Review
adopted by reference in Rule 40D-4.091(1) F.A.C. shall apply to the operation and
maintenance of the PROJECT to provide reasonable assurance the PROJECT will meet
the conditions for the issuance of permits described in Rule 40DM4.30 1 (1). The CITY
shall be identified as the entity responsible for all operation, maintenance, and permit
monitoring requirements in all permit applications for the PROJECT. Operation and
maintenance activities shall include, but are not necessarily limited to: removal of
undesirable and/or exotic plant species including cattails, water hyacinths, and Brazilian
Pepper, or as may be specified in the environmental permits for the PROJECT; the
cleaning of bleed-down devices and/or filter systems, if any; and, the cleaning of
sediment traps, if any.
B. PostMConstruction Monitoring: The CITY shall be responsible for all post-
construction monitoring requirements that may be identified in the general nnd specific
conditions of the Management and Storage of Surface Waters (Part 4) permit nnd/or the
Dredge and Fill permits issued for the PROJECT Q.[ Environmental Resource Permit
(ERP), as may be applicable.
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Exhibit '~" - Scope of 1York - Page 3
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Clearwater City Commission
Agenda Cover Memorandum
3G
Item t#
Meeting Dote: ~~
SUBJECT:
Clearwater Mall Stormwater Treatment Retrofit Project Easement and Maintenance
Agreement
RECOMMENDATION/MOTION:
Approve an Easement and Maintenance Agreement between the oity and Holland
Westshore, Inc. for construction of a retrofit stormwater treatment area at
Clearwater Mall,
~ and that the appropriate officials be authorized to execute some.
BACKGROUND:
This is the companion agreement to the Interlocal Agreement between the City and
the Southwest Florida Water Management District for construction of the subject
project. This agreement formalizes the responsibilities of the city and Holland
Westshore, including provisions for maintenance and establishment of access and
drainage easements. The Mall will be responsible for routine maintenance of the
stormwater treatment area in perpetuity, while the city will be responsible for
post construction monitoring clnd reporting as required by the permitting agencies.
The Environmental Advisory Board has reviewed this project and agreement and
endorsed both at the July 19, 1995 meeting.
Attached is the Easement and Maintenance Agreement as approved by Holland
Westshore, Inc. and recommended by staff for commission endorsement.
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Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
CIS
ACM
Engineering
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Originating Dcpt:
Englneorlngl E
N/A
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o continued to:
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User Dcpt:
Engine
Current Fiscal Yr.
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Advertised:
Dote:
Paper:
~ Not Requl red
Affected Parties
o Notified
~ Not Requ I red
Funding Source:
o Capi tal I!ll).
o I operating
o Other
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Attachments:
Easement and Maintenance
Agreement
Submitted by:
Clt ana~
Appropriation Code:
o None
~ Printed on recycled paper
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COOPERATIVE EASEMENT AND 1\'IAINTENANCE AGREEMENT
BET\VEEN THE CITY OF CLEAR\VATER
AND HOLLAND WESTSHORE, INC., AS TRUSTEE,
TO CONSTRUCT, OI'ERA TE AND MAINTAIN
A STORM'V A TER RETROFIT PROJECT
AT THE CLEARWATER IHALL IN CLEARWATER, FLORIDA
THIS COOPERATIVE AGREEMENT is entered into this _ day of 1995, by
and between the City of Clearwater, a political subdivision of the State of Florida,
hereinafter referred to as the "CITY", and Holland Westshore, Inc., a Delaware corporation,
as successor trUstee under the provisions of a certain trust agreement dated September 30,
1992, and known as the Clearwater Trust, dated 09/30/92, whose address is 4350 LaJolla
Village Drive, Suite 440, San Diego, California 92122, d/b/a Clearwater Mall, hereafter
referred to as "HOLLAND. II
\VITNESSETH:
WHEREAS, the CITY, pursuant to Chapter 32, Article X, Clearwater Code of Ordinances,
has been given the authority and responsibility to protect the surface waters within the city;
and,
WHEREAS, the Clearwater MalI, located at the southeast corner of the intersection of State
Road 60 and U.S, 19 in Clcarwuter tmd described in the legal description attached hereto as
Exhibit II A II and made part hereof, was constructed prior to the inception of the State of
Ftoridats Stonnwaler Rule in 1982, Chapter 17-25 F.A.C., and the City of Clearwater's
Design Criteria for Stonn Drainage adopted in September 1991, Section 42.33 Clearwater
Code of Ordinances, and as such discharges untreated stormwmer runoff directly into Tampa
Bay; and,
WHEREAS, Tampa Bay has been identified as an Outstanding Florida Water by the Florida
Department of Environmental Protection, and is the number one priority waterbody of the
Southwest Florida Water Management District's (SWFWMD) Surface Water Improvement
nnd Management (S.W.I.M.) program; and,
This document prepared by and rctlll'n to:
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Robert L. Barnes, .J r., Esquire
Tcw, Zinobcr, Barnes, Zhnmet & Unice
P.O. nox 5124
Clearwater, FL 34618
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WHEREAS~ the CITY has received a funding commitment from the SWFWMD for
construction of a stonnwater treatment facility to retrofit approximately 27 acres of the
Clearwater Mall property, hereinafter referred to as the lIProjectll; and,WHEREAS~ the
CITY is responsible for acquiring the necessary land interests from HOLLAND to construct,
operate and maintain the Project; and,
WHEREAS, the CITY and HOLLAND have reached an understanding as to the relationship
and obligations each party shall have with regard to accomplishing the Project, and hereby
desire to reduce said understanding to this written Cooperative Easement and Maintenance
Agreement (the t1Agreementll).
NOW t THEREFORE, in consideration of the premises and the mutual covenants, conditions
and terms set forth herein, the CITY and HOLLAND hereby murnally agree as follows:
1- SCOPE OF WORK. The CITY shall be responsible for obtaining all geotechnical and
field survey work; design of the stonnwater treatment facility; preparation of construction
plans and specifications for demolition of the existing structure~ construction of the
stonnwater treatment facility and installation of landscaping; state and local permitting;
preparation of bid packages; contractor selection; construction administration; and post
construction monitoring and reporting for the Project.
HOLLAND shall be responsible for the pennanent maintenance of the stonnwater treatment
facility. These responsibilities shall include, but are not necessarily limited to: removal of
undesirable and/or exotic plant species such as cattailst water hyacinths and brazilian pepper;
cleaning debris and sediment deposits from the outfall control structure, inlet pipe(s), stonn
inlets, bleed down devices, etc.; removing accumulated sediment from the retention area;
repair of side slope erosion; controlling vegetation within the retention area to assure that the
storage volume and flow capacity is not impaired; scarification of the retention area bottom
to assure percolation; and other maintenance as may be required by permits issued for the
Project.
2.- PROJECT SITE. The parcel of land on which the Project will be located is described
in Exhibit liB" attached hereto.
3.- EASEIWENT. As a part of this Agreement, HOLLAND hereby grants the CITY a
perpernal, non-exclusive drainage easement covering the land on which the Project is to be
located (as described in Exhibit "BII attached hereto). In addition, HOLLAND hereby grants
the CITY a temporary construction easement giving the CITY and its agents reasonable
access to the Project site to allow for the construction of the Project. Upon completion of
the Project, said temporary construction easement automatically shall tenninate. Thereafter,
the CITY shall have a perpetualt non-exclusive easement over the property described in
Exhibit "All hereto for the following, limited purposes: (a) to provide the CITY and its
agents with ingress and egress to the Project for the purposes described hereafter; (b) to
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allow the CITY to perform all post-construction monitoring and reporting required by any
and all permits issued for the Project; and (c) to perfoon any maintenance work agreed to by
the parties and to make any repairs that may be needed.
Notwithstanding the above, and except in the event of an emergency, the CITY shall not be
pennitted access to the Clearwater Mall property for purposes of making improvements
(including the initial construction) during the months of November and December. or on
weekends (in any month), such restricted times being the Mall's peak business times.
No physical modifications shall be made to the stormwater treatment facility. except as
provided in this Agreement, unless approved in writing by the CITY, by HOLLAND, and by
any other Federal or State authorities having jurisdiction over the Project.
4.w COI\'TRACTOR. The CITY shall engage the services of a general contractor through a
competitive bid process to construct the Project. Nothing contained herein shall create any
obligation on the part of HOLLAND to defend any challenge brought by any offerer
regarding selection of the contractor. The contract between the CITY and the contractor
shall require a Performance, Payment and Guarantee Bond and the contractor's
comprehensive liability insurance shall name the SWF\VMD. the CITY and HOLLAND as
additional insureds.
5.- COI\1PLIANCE \VITH HOLLAND REOUlREMENTS. Coincident with the Project's
design, the CITY shall meet with HOLLAND staff to review the Project's design to ensure
the Project will comply with all applicable HOLLAND requirements. Thereafter, no
material changer. to the design shall be made without HOLLAND's written consent, which
consent shall not unreasonably be withheld.
6.~ PERMITS. The CITY shall act as the applicant of all permit applications required for
the Project and shall be responsible for all applicable permit application fees.
7.- FUNDING. Although the CITY contemplates that the cost of construction of the Project
will be reimbursed to the City by the SWFWMD, the CITY nevertheless shall be responsible
for all costs associated with the design, permitting, construction advertisement and
construction administration of the Project. The CITY shall be responsible for all post-
construction monitoring and reporting that may be identified in applicable permit(s) issued
for the Project.
S.w REPORTING. The CITY shall provide HOLLAND with copies of all reports, models,
studies, maps, construction and as-built plans and other documents resulting from the
Project.
9.- TERMINATION. This Agreement may be terminated upon mutual agreement of the
parties in writing. at which time all easements granted herein automatically shall terminate.
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, 10.- RELEASE OF INFORMATION. The CITY shall not conduct any verbal or written
media interviews or issue press releases on or about the Project without prior approval from
HOLLAND.
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11.- NOTICES AU written notices to the CITY and HOLLAND under this Agreement shall
be sufficient if sent by the parties in the United States mail, postage paid, to the addresses
noted below:
CITY
Michael D. Quillen, P. E.
City of Clearwater
Engineering Department/Environmental Management
P.O. Box 4748
Clearwater, Florida 34618-4748
HOLLAND
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David J. Hirsch, Esquire
Vice President and General Counsel
Plaza Properties of America, Inc.
4350 La Jolla Village Drive
Suite 440
San Diego, CA 92122-1233
With a required copy to:
Robert L. Barnes, Jrq Esquire
Tew, Zinober, Barnes, Zimmet & Unice
2655 McCormick Drive
Clearwater, Florida 34619
12.~ THIRD PARTY BENEFICIARffiS. Nothing in this Agreement shall be construed to
benefit any person or entity not a party to this Agreement.
13.- MODIFICATIONS. This Agreement constitutes the entire agreement between the
parties and may be amended only by a written mutual agreement specifically referencing this
Agreement and signed by all parties hereto.
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14.- INDEMNIFICATION. The CITY hereby indemnifies and holds harmless HOLLAND
for any damages or liabilities incurred by HOLLAND (including legal fees) resulting from
negligent and/or faulty design, construction~ operation, or repair, of the Project, provided,
however~ that the maximum sum for which the CITY shall be exposed to liability in this
paragraph 14 shall not exceed those sums of money permissible under and by the terms of
Section 768.28, Plorida Statutes plus any excess liability insurance coverage purchased by the
CITY.
15.- ATTORNEYS' FEES. Should either party employ an attorney or attorneys to enforce
any of the provisions hereof, or to protect its interest in any matter arising under this
Agreement, or to recover damages for the breach of this Agreement, the party prevailing
shall be entitled to recover from the other party" all reasonable costs, charges and expenses~
including attorneys' fees, expended or incurred in connection therewith.
16.- RIGHTS OF OTHERS. The grants contained herein are subject to the rights, if any,
of Clearwater Mall tenants and any financial institution (now existing or existing in the
future) that has a mortgage interest in the Clearwater Mall property.
IN WITNESS WHEREOF, the parties hereto. or their lawful representatives~ have
executed thi,s Agreement as of the date first above written.
Signed sealed and delivered in the presence of:
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth Deptula
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency
ATTEST:
City Attorney's Office
By:
Cynthia E. Goudeau
Date:
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HOLLAND WESTSHORE, INC., a
Delaware corporation, as successor trustee
under the provisions of a certain trust
agreement dated September 30. 1992, and
known as the Clearwater Trust, dated
09/03/92, dlbla Clearwater Mall
Signed, sealed and delivered
in the presence of:
Signature of Witness #1
By:
Its:
Typed or printed name of Witness #1
Attest:
Its:
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Signature of Witness #2
Typed or printed name of Witness #2
STATE OF FLOlUDA
COUNTY OF PINELLAS
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The foregoing instrument was acknowledged before me this day of
, 1995. by Elizabeth Deptula, as City Manager, and Rita Garvey,
as Mayor-Commissioner of the City of Clearwater, Florida, a political subdivision of the
State of Florida corporation, on behalf of the City. Helshe is personally known to me or has
produced (type of identification) as
identification.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
Stamped
(NOTARY SEAL)
Notary Public, State of
Notarial Serial Number
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STATE OF
COUNTY OF
day of
, as
, of HOLLAND WESTSHORE, INC., a
Delaware corporation, as successor trustee under the provisions of a certain trust agreement
dated September 30, 1992, and known as the Clearwater Trust, dated 09/30/92, d/b/a
Clearwater Mall, on behalf of the corporation. He/she is personally known to me or has
produced (type of identification) as
identification.
The foregoing instrument was acknowledged before me this
, 1995, by
Signature of Person Taking Acknowledgment
Name of Acknowledger Typed, Printed or
;, .
Stamped
(NOTARY SEAL)
Notary Public, State of
Notarial Serial Number
#58198.2
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"iill
EXHIBIT A
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LEGAL DESCRIPTION
From the'Southwest corner of Section 17, Township 29 S.; Range 16 E.
ron S. 88- 57' 0211 E. along the Southerly line ,of said Section 17:
100.00 feet; thence run N. 1- 03' 04" E. ;along ~he Easterly
right-of-way line of State Road 55 ~U.S. Highway 19) and parallel to
the Westerly 1 ine of said Section 17, 860.00 feet; thence run S. ,88-
571 02" E. 100.00 feet for a Point of Beginniog;' th~nce run.N. 1- OZ'
58" E. along the Easterly ri ght-of-way line'!Jf State Road 55 as per
deed recorded in O.R. Book 3476, Page 925, Public Records of Pinellas
County, Florida 6.00 feet; thence run 'N. 88- 57' 0211 W. along said
right-oF-way 1 ioe' 24.49 feet; thence run N. 4S- 20' 20" W. along said
right-of-way line 39.95 feet; thence run N. S- .561 5611 W. along said
right-of-way line 182.08 feet; thence run' Northwesterly al'ong said
right-of-way line on a curve to the right of 755.94 feet radius (chord
bearing N. 3- 56' 56" W., chord distance 131~77 feet) 131.94 feet;
thence run N. 1- 031 04" E. along said right-of-way line 495.89 feet;'
,thence run N. O. ~28' 32" E. along said right-of-way line,200.00 feet;
thence run N. 1-, 03' 0411 ~. along said right-of-way line (sai~ line
bei ng parall el 'to and 100.07 feet Easterly of the Westerly 1 i ne of
said Section 17): 573.94 feet; thence run N. 3- 201 30" E. along said
right-oF-way line 50.04 feet; thence run N. 11- IS' 18" E. along said
right-oF-way 1 ine 23.05 feet; thence run N. 45- 241 32" E. along the
right-of-way line at the Southeasterly corner of the intersection of
'said State Road 55 and State Road 60 (Gulf-to-Bay Blvd.) 119.90 feet;
thence run N. 89-: 46' 0111 E. along the Southerly right-of-way 1 ine of
State Road 60 (said line being 60 feet Southerly of and parallel to
the East-West center line of said Section 17) 1603.41 feet; thence run
S. 0- 21' 26" W. along the Westerly line of Lot 1 of Resub of Baskin's
Replat (see Plat ~ook 24, Page 42, Public Records of Pinellas County,
Florida) 459.02 Feet; thence run N. 89- 46' 14" E. 386.64 feet; thence
run N. 0- 13' 59" w. 70.79 feet to the' Southeas terly corner 0 f sa i d
Lot 1 of Resub of Baskin's Replat; thence run S. 39- aI' 0611 E. 487.42
,fe~t; thence run S. 50- 58' 5411 W. 678.25 feet; thence run S. 43- 11'
'54" E. 65.23 feet; thence run S. 36. 29' 07" W. 439.88 feet; thence
run N. 53- 30' 53" W. 550.00 feet; thence run S. 36- 29' 07" W. 652.05
fe~t; thence run ~. 8S- 57' 0211 W. 742.58 feet to the P.O.B.
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LESS AND EXCEPT the following described portion thereof:
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. From the Northeast corner of the NW 1/4 of the SW 1/4 of Section 17, I
Township 29. S.. Range 16 E.. run S. 0- 23' .'02" W. ;along the 40 acre
line 60.00 feet; thence run N. 89- 46' 01" E. along the Southerly
right~of-way line of State Road 60 (Gulf-to-Bay Blvd.) 115.00 feet for
a Point of Beginning; thence run S. 0- 21' 26" W. along the Westerly
line of Lot 1 of Resub of Baskin1s Replat (see Plat Book 24. ,Page 42. I
Public Records of Pinellas County, Florida), 529.81 feet; thence run I
N. 69- 41' 4611 E. along the Southerly line of said Lot 1. 68.00 feet;
thence run S. 39-125' 1211 E. 452.93 feet; thence run S. 32- 43' 49" E.
80 feet; thence r,un S. 35- 12' 3911 W. 93.74 feet; thence run S. 50.,
58' 54" W. 270.64 feet; thence run N. 53- 30', '53" W.,..443,.76 feet;'
thence run N. 8S.1561 56" W. 194.61 feet; thenc~'~~~~;~~.~,jl~U~9:,I'iio~~;~;~;1
631.37 feet; thence run N. 89- 46It.~01~ E.....3~,l.f_Oif~:.~;~~tJ$nce ru,~ N.~.
O. 21' 2611 E. 270.00 feet; thence run N. :.89:i:J;19.)if.Q.~.~E'~~4.0~.OO...feet .,t~
the P.O.B. .. ,'. .,-"-~-'._"""-
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Clearwater City Commission 3 r1
Agenda Cover Memorandum I
I tern II
Meeting Date: 08/03/95
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SUBJECT:
AlIens Creek Experimental Water Quality Treatment Demonstration Project
Interlocal Agreement
RECOMMENDATION/MOTION:
Approve the Interlocal Agreement between the City and the Southwest Florida
Water Management District, and approve City related expenditures in the amount
of $150,000, for construction of an experimental water quality treatment
project at Clearwater High School,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
This project is located adjacent to AlIens Creek between Gulf to Bay Boulevard and
Druid Road, behind Clearwater High school on pinellas County School Board.
property.
Watershed planning efforts in the AlIens Creek basin, required by the City
Comprehensive Plan, have determined that water quality in the freshwater portions
of the Creek are impaired. The Creek exhibits high levels of nutrients, erosion
and sedimentation, as well as low dissolved oxygen levels. The apparent cause is
related to untreated stormwater runoff in the basin. In keeping with the
recommended intent of the AlIens Creek Watershed Management Plan to install water
quality improvements within the basin, this project was initiated. The proposed
project components include:
(1) Construction of three off-line stormwater treatment areas which will treat
runoff from approximately 100 acres adjacent to and including Gulf to Bay
Boulevard from Glenwood Avenue to just east of Hercules Avenue.
(2) Different treatment methods will be employed in each of the ponds (e.g.
various types and combinations of plants and filtration). Inflows and outflows
will be sampled by Clearwater High School students, and the effectiveness of the
various treatment methods will be evaluated by the students and reported to city
staff.
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Reviewed by: Originating Dept: Costs: S 150.000 Commission Action:
Legal F.lN...L Engineering/ EnVlronm;y/}~ Totol 0 Approved
Budget ilf= It /... $ 0 0 Approved w/conditions
Purchasing I J Current Fiscal Yr. 0 Denied
Risk Hgmt. User Dept: 0
CIS '- Continued to:
Engineering Funding Source:
ACH +f==
Eng\neeril'lg ll!l Cllpi tal Imp.
0 Operating Attachments:
Advertised: 0
Dote: Other Interlocal Agreement
Poper: School Boord
I:i2 Not Required letter of support
Submitted by: Affected Parties Appropriation Code:
City~~ 0 Notified
. 315-96103-561200-539-000 0 None
~ Not Required
~ Printed on recycled paper
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(3) Clearwater High School will develop a curriculum for students to assist in
the sampling, monitoring and reporting efforts.
(4) The project site will be available for use by public groups which are
interested in pollution control techniques.
The agreement consists of the following items and responsibilities:
CITY OF CLEARWATER
1. Engage the professional services of an engineering and environmental
consulting firm to provide design engineering, construction plans and state and
local permitting for construction of the project.
2. Provide construction contract administration for construction of the proj ect;
including preparation of bid documents, award of construction contract,
construction inspections and construction completion certifications.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
1. Provide a 50/50 match of funds for the design and construction of the
project. [$150,000 has been included for this project in the SWFWMD budget for
FY 1994/95. The Pinellas-Anclote Board approved the final funding in June 1994.]
Pinellas County Schools supports this project (letter attached), and an agreement
between the City and the. Pinellas County school Board is being, prepared for
Commission approval in September 1995. This agreement is being brought forward
in advance of the agreement with the School Board in order to encumber the state
funding.
The total project cost is $300,000 to be paid by the City; of which 50%, or
$150,000, will be reimbursed by SWFWMD (typical of SWFWMD funding agreements).
Funding in the amount of $150,000 is available in the Capital Improvement project
315-96103, Stormwater Quality Improvements/ Property Purchases for this project.
The consultant will be selected by a selective bid process, with City Commission
approval required prior to award of the contract. This project is included in the
Environmental Management Group Five Year Plan which received Commission
endorsement in June 1995. The City Environmental Advisory Board has reviewed and
endorsed the plan and agreement at the July 19, 1995 meeting.
Attached is the Interlocal Agreement as approved by SWFWMD and recommended by
staff for Commission approval.
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Contract No.
COOEERATlVE AGREEMENT
AMONG THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
CITY OF CLEARWATER
FOR THE DESIGN AND CONSTRUCTION
OF AN EXPERIMENTAL/EDUCATIONAL POND PROJECT
AT DRUID ROAD AND ALLEN'S CREEK
THIS COOPERATIVE AGREEMENT is entered into this day of
,19 , by and between the SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691, Laws
of Florida, as amended, for itself and on behalf of the Pinellas-Anclote
River Basin Board, hereinafter collectively referred to as the
t1DISTRICT, II and the CI't'Y OF CLEARWATER, hereinafter referred to as
"CLRARWATER,II political subdivisions of the State of Florida.
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WITNESSETH:
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WHEREAS, the Allen's Creek watershed is contained within portions of the
City of Clearwater and the unincorporated part of Pinellas County,
hereinafter referred to as the "WATERSHED", encompassing approximately
Forty Nine Hundred (4900) acres, and contains a one (1) acre site near
Druid Road and Arcturas Avenue proposed for the construction of an
experimental and educational surface' ,water management facility
hereinafter referred to as the uPROJECTjtl and
WHEREAS, CLEARWATER has requested the DISTRICT'S assistance in the design
and implementation of the PROJECT; and
WHEREAS, the DISTRICT, through the cooperative funding program of the
Pinellas-Anclote River Basin Board, has agreed to participate on a 50/50
cost share basis with CLEARWATER; and
WHEREAS, CLEARWATER will be responsible for acquiring the necessary land
interests to construct, operate and maintain the PROJECT; and
WHEREAS, the parties hereto have reached an understanding for CLEARWATER
to engage the professional services of a full service Engineering and
Environmental Consulting firm; hereinafter referred to as the
ItCONSULTANT," to perform the design and permitting for the PROJECT, to
engage the service of a construction firm, hereinafter referred to as the
II CONTRACTOR, II to construct the PROJECT, that the DISTRICT provide.
specific in-kind services for the PROJECT as listed hereafter, and that
CLEARWATER provide specific in-kind services for the PROJECT as listed
hereafter.
NOW, THEREFORE, in consideration of the premises and the mutual
covenants, conditions and terms set forth herein, the DISTRICT and
CLEARWATER hereby mutually agree as follows:
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Contract No.
1 - SCOPE OF WORK.
1.1 CLEARWATER and DISTRICT shall jointly prepare the Reauest for
Proposal (RFP) and Scope of Work for the service-s to be
performed by the CONSULTANT. The Scope of Work will detail the
objectives of the PROJECT which include but are not limited to:
A) Management of surface water runoff to Allen's Creek,
including attenuation of in-stream peak flow rates.
B) Biological treatment of surface runoff including
implementation of Best Management Practices to collect and
reduce stormwater pollutants.
C)
Provision of an educational opportunity for the general
public. and students, in particular, by demonstrating
methods of surface water management, water quality
improvement, and enhancement of plant and wildlife
habitat.
(
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Both the RFP and the final Scope of Work shall be subject to
written approval by the DISTRICT and CLEARWATER.
1.2 CLEARWATER shall engage the services of the CONSULTANT to
design and permit the PROJECT.' The DISTRICT and CLEARWATER
shall each have one voting seat on the committee to rank the
submitted proposals for negotiation and approval by the
CLEARWATER Commission. The final selection of the CONSULTANT
shall be subject to written approval of the DISTRICT.
1.3 CLEARWATER shall administer, manage, and supervise the design
and permitting of the PROJECT with review and participation of
the DISTRICT.
1.4 The DISTRICT's performance under this Agreement is conditioned
upon the development and approval of the detailed Scope of
Work, the Request for Proposal, and the engagement of a
CONSULTANT. If for any reason a CONSULTANT is not under
contract within one hundred eighty (lBO) calendar days
subsequent to the effective date of this Agreement, this
Agreement may be terminated pursuant to Article IV.
1.5 All CONSULTANT{s), CONTRACTOR{s), subcontractors, and suppliers
will be under contract to CLEARWATER and not to the DISTRICT;
all compensation and payments to them shall be the
responsibility of CLEARWATER and not the responsibility of the
DISTRICT.
1.6 CLEARWATER shall require the CONSULTANT to provide a proposed
Project B~dget to both parties. The proposed Project Budget
shall consist of a detailed cost itemization by task with staff
hours, hourly rates, and proj ect personnel based upon the
approved Scope of Work. The proposed Project Budget shall be
reviewed and approved in writing by the DISTRICT prior to
ratification of the CONSULTANT contract by CLEARWATER. Any
Page 2
Contract No.
revisions or updates to the Project Budget shall be reviewed
and approved in writing by the DISTRICT's Project
Representative prior to the disbursement of funds.
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1.7 The DISTRICT and CLEARWATER shall provide mutual assistance in
the acquisition of available information, data and reports in
their possession including but not limited to as-built
drawings, drainage maps, design reports, maintenance records,
topographic surveys, utility surveys, and rights-of-way
information considered pertinent to the PROJECT. Use of all
available information and ongoing studies that may assist the
CONSULTANT in the design of the PROJECT shall be maximized.
1.8 The DISTRICT and CLEARWATER shall review, comment, and approve (
or reject in writing the PROJECT design at the 30%, 60%, 90% )
and 100% stages.
1.9 CLEARWATER shall act as applicant on all applicable
environmental and construction permits. CLEARWATER shall
advertise the PROJECT for receipt of bids within sixty (60)
days of permit approval and construction will begin ninety (90)
days from bid award. Contract award, contract execution and
notice to proceed to the CONTRACTOR shall be consistent with
CLEARWATER's standard contract management procedures.
1.10 Upon completion of all work products, one (1) copy of all
reports, maps, modeling on computer disk, construction plans,
and other documents prepared and paid for with any and all
funds contributed by the parties, shall be provided to each
party. Reproducible As-Built drawings shall be provided to the
DISTRICT for record purposes by CLEARWATER upon completion of
the PROJECT.
1.11 CLEARWATER shall perform all necessary construction management,
inCluding but not limited to construction survey, inspection,
bidding and supervision, as follows: CLEARWATER will conduct
the construction bidding process with DISTRICT approval, and
construction supervision will be performed with DISTRICT
participation. The contract between CLEARWATER and the
awarded bidder (CONTRACTOR) shall provide for a performance
bond and comprehensive liability insurance naming the DISTRICT
and CLEARWATER as insured parties.
1.12 CLEARWATER shall provide signs at the PROJECT site during
construction and upon completion that includes recognition of
funding by the DISTRICT through Pinellas-Anclote R~.ver Basin
Board to this agreement. Any such signs shall be subject to
the written approval as to form, content and location by the
DISTRICT, and shall comply with CLEARWATER's sign ordinance.
All signs shall be maintained by CLEARWATER.
1.13 upon acceptance of the completed PROJECT I CLEARWATER shall
assume responsibility for mowing, removal of weeds and brush,
maintenance of any detention/treatment ponds I overflow
structures and any fencing needed, monitoring of plant growth
Page 3
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Contract No.
and all other maintenance of the PROPERTY in accordance with
State and local permit requirements and CLEARWATER's
maintenance schedules. CLEARWATER shall not permit or allow
any chemical aquatic vegetation inhibitor or weed killing agent
within the confines of the pond(s) or the immediate banks,
except as may be necessary for control of exotic vegetation.
2 - COMPLIANCE WITH DISTRICT RULES & REGULATIONS. Coincident with
PROJECT design, the professional designers and DISTRICT regulation staff
shall mutually agree that the proposed PROJECT technically complies with
all applicable DISTRICT rules and regulations i and prior to PROJECT
implementation, permitting approval shall be obtained.
3 - PERMITS. If the PROJECT requires obtaining any DISTRICT permit, the /
permitting applicant shall be the owner or authorized agent of the land
to be occupied or otherwise used by the proposed PROJECT developmenti
unless the applicant has power of eminent domain. If DISTRICT owned land
is involved, or the DISTRICT is a co-applicant, the Florida Department of
Environmental Protection shall be the permitting agency. .
4 - DISTRICT RECOGNITION. CLEARWATER shall recognize DISTRICT funding,
and Pinellas-Anclote River Basin Board funding, in any reports, models,
studies, maps or other documents resulting from this Agreement, and the
form of said recognition shall be subject to DISTRICT approval.
CLEARWATER shall provide signs at the PROJECT site that recognizes
funding for this PROJECT provided by the DISTRICT, and the Pinellas-
Anclote River Basin Board. All signs must meet with DISTRICT written
approval as to form, content and location, and must be in accordance with
local sign ordinances.
5 - FUNDING. The parties hereto anticipate that the total cost of the
PROJECT will be Three Hundred Thousand Dollars ($300,000).
5.1 The DISTRICT shall fund an amount not to exceed Twenty Five
Thousand Dollars ($25,000) for the CONSULTANT services which
shall be limited to designing and obtaining permits, providing
geotechnical investigation, field survey and base maps, a
planting plan, and educational materials for the PROJECT. The
DISTRICT also agrees to fund an amount not to exceed One
Hundred Twenty Five Thousand Dollars ($125,000) for
construction of the PROJECT for the total DISTRICT contribution
to the PROJECT not to exceed One Hundred Fifty Thousand Dollars
($150, OOO) . CLEARWATER shall fund an amount not to exceed
Twenty Five Thousand Dolla:s ($25,000) for CONSULTANT services,
and an amount not to exceed One Hundred Twenty Five Thousand
Dollars ($125,000) for construction of the PROJECT. In the
event that costs for the PROJECT exceed Three Hundred Thousand
Dollars ($300,000), the DISTRICT and CLEARWATER, by mutual
agreement, may provide additional funding or reduce the PROJECT
scope and/or limits. Any funding obligations of the DISTRICT
or CLEARWATER is contingent upon funds being budgeted for
commencement or continuation of the PROJECT by the DISTRICT's
Governing Board and Pinellas-Anclote Basin Board and the
CLEARWATER City Commission, respectively.
Page 4.
5.2 CLEARWATER shall submit invoices that have been submitted by
the CON~ULTANT/CONTRACTOR for the design, permitting,
construct~on of the PROJECT and back-up documentation monthly
along with a progress report to the DISTRICT with writte~
substantiation that the invoices are accurate and in accordance
with terms of this Agreement. Invoices shall be submitted to
the District at the following address: Accounts Payable
Section, Southwest Florida Water Manaaement District, P.O. Box
1166, Brooksville. Florida 34605-1166. All progress reports
accompanying invoices shall describe the work accomplished to
date and indicate the percentage of work completed. The
DISTRICT shall reimburse CLEARWATER for one half of the invoice
amount less retainage, up to a total amount not to exceed that
previously described in Section 1 of this Article. Upon I
receipt of proper invoices as described, the DISTRICT shall
remit payment to CLEARWATER within thirty (30) calendar days.
CLEARWATER shall provide the DISTRICT with duplicate
CONSULTANT/CONTRACTOR invoices and progress reports for review
at the same time they are submitted to CLEARWATER.
5.3 CLEARWATER shall be responsible for the appropriate expenditure
of funds provided by the DISTRICT and shall only expend such
funds pursuant to the terms and conditions of this Agreement
and shall not utilize such funds for any other purpose.
CLEARWATER shall not enter into additional services that would
require additional reimbursement from the other parties without
advance written approval by the other parties. All equipment
and non-expended supplies purchased with funds provided by the
DISTRICT shall be the property of the DISTRICT and shall be
returned to the DISTRICT at the termination of this Agreement.
6 - PROJECT REPRESENTATIVE. CLEARWATER and the DISTRICT shall each
designate a single Project Representative who will serve as a liaison
between the DISTRICT and CLEARWATER on all PROJECT related matters for
the purpose of maintaining coordination and review through all phases of
PROJECT development and construction. Each Representative shall be
notified of, and attend all project meetings which will be, at a minimum,
held monthly to review the administration of this Agreement for the
duration of the PROJECT, to review and comment on interim reports,
drafts, maps and other documents, and to make site visits, and attend
public information meetings. The Project Representative will be
responsible for transmitting instructions, receiving information, and
interpreting and communicating DISTRICT and CLEARWATER policies and
decisions relating to the PROJECT. All correspondence or inquiries
relating to the PROJECT shall be directed to the attention of the project
Representatives. Phone logs and meeting minutes shall be kept by the
lead Project Representative and distributed to all Project
Representatives as a record of PROJECT status.
7 - TERM OF AGREEMENT. This Agreement shall commence on the date of
execution and shall remain in effect until CLEARWATER provides to the
DISTRICT mutually agreeable documentation which substantiates that this
Agreement has been fully performed, or on the da~e three years ~r?m the
execution date of this Agreement, unless term1nated or spec1f1cally
extended in writing.
Page 5
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Contract No.
a - PROJECT RECORDS AND DOCUMENTS. CLEARWATER shall, upon request,
permit the DISTRICT to examine or audit all project records, books,
document.s and papers during or following completion of the PROJECT.
CI,EARWATER shall maintain the records, books, documents and papers for at
least. t.hree (3) years following completion of the PROJECT.
9 - TERMINATION. Upon written notice, this Agreement may be terminated
by any of the parties in the event of substantial failure of another
party to fulfill its obligation under this Agreement through no fault of
the terminating party, or if termination is deemed to be in the public's
best interest or in the best interest of the terminating party. This
Agreement shall be deemed terminated on the fifteenth (15th) day after
receipt of written notice of termination. If such a termination for the
PROJECT occurs I the DISTRICT shall pay to CLEARWATER. all properly
documented fees and costs for services performed in accordance with this
Agreement prior to the date of termination. CLEARWATER shall take all
reasonable steps to avoid incurring any additional PROJECT costs
subsequent to receiving notice of termination.
10 - RELEASE OF INFORMATION. Nq party shall be permitted to conduct any
verbal or written media interviews or issue press releases on or about
this Project without prior written approval of the other partiesl which
shall not be unreasonably withheld.
11 ASSIGNMENT. All parties are prohibited from assi.gning or
transferring any of its rights or obligations under this Agreement
without prior written consent of the other parties.
12 - INSURANCE CLEARWATER is a political subdivision of the State"of
Florida. As such, it is self-insured pursuant to Section 768.28 of the
Florida Statutes. CLEARWATER shall maintain in force workerfs
compensation benefits in accordance with Florida Statutes for the
duration of the Agreement.
13 - NOTICES. All notices, or reports, other than invoices, required to
be given to the DISTRICT shall be hand delivered or mailed, postage paid,
to the following addresses:
SWIM Department
Southwest Florida Water Management District
7601 Highway 301 North
Tampa, Florida 33637
Contract Administration
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34690-6899
All notices, or reports required to be given to CLEARWATER shall be hand
delivered or mailed, postage paid, to the following address:
For PROJECT
related issues:
For Contract
related issues:
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City of Clearwater
Engineering Department/Environmental Management
P. O. Box 4748
Clearwater. Florida 34616
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14 - THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be
construed to benefit any person or entity not a party to this Agreement.
lS - COMPLIANCE WITH APPLICABLE LAWS. The parties agree to comply with
applicable federal, state, and local laws, including by not limited to
the Americans with Disabilities Act (ADA).
16 - MODIFICATIONS. This Agreement constitutes the entire Agreement
among the DISTRICT and CLEARWATER. There are no promises, terms,
conditions or allegations other than those contained herein and this
document shall supersede all communications, representations and/or
agreements whether written or verbal, between the parties hereto with
regard to the PROJECT and the subject matter of this Agreement. This
Agreement may be modified only in writing executed by all the parties.
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives,
have ex~~u~c~ thi3 Agreement as of the date first above written.
Signed sealed and
delivered in the
presence of:
WITNESS:
SOUTHWEST
DISTRICT
FLORIDA
WATER
MANAGEMENT
By:
Peter G. Hubbell
Executive Director
. . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . -.. . . . . . . . . . . . . . . . . .
~ountersigned:
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth Deptula
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency
Attest:
By:
Cynthia E. Goudeau
City Clerk
, Attorney
City Attorney's Office
Page 7
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C L EARW AT eR-H-I-G'H-S-eH 00 L
540 SOUTH HERCULES AVENUE
CLEARWATERl FLORIDA 34624.6399
TELEPHONE (813) 442.'1155
ED EVANS
PRINCIPAL
November 29, 1993
ivir. Tom Miller
Asst Director of Public Works
Public Works Department
P. O. Box 4748
Clearwater, FL 34618
:"
l.
Dear Tom:
"
This letter is in support of the off-line stormwater lrealment for AUenls
Creek. This creek bed runs along the west end of our property and the
treatment area will give our science students a hands~on learning experience.
I'm sure that this can become a part of our science curriculum.
Sincerely, \
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Ed Evans I
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Principal I
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cc: Jim Miller
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Clearwater City Commission 3 ~ Item II:
Agenda Cover Memorandum 0 Meoting Dato:
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SUBJECT: Alligator Creek Watershed, Agreement for Consultant Services
RECOMMENDATION/MOTION: Approve the ranking and award a contract for consultant services
in the amount of $496,964 to Parsons Engineering Science, Inc. of Tampa, Florida to develop a
comprehensive watershed management plan for the Alligator Creek watershed,
fia and that tho approprIate otrrcials bo authorized to executo samo.
BACKGROUND: On February 14, 1994, the City Commission approved the Cooperative Agreement
between the Southwest Florida Water Management District, Pinellas County, Safety Harbor and
Clearwater for the development and implementation of a comprehensive watershed management
plan for the Alligator Creek watershed. The agreement was subsequently ratified by the other
participating agencies and finalized on November 25, 1994.
Project objectives include: (1) The development of a watershed management plan to address
surface water quality, quantity, and natural habitat; (2) The design and permitting of the top three
prioritized projects recommended by the plan; and (3) Construction of at least one project. The
total project cost of $1,200,000 allows $500,000 for the development of the watershed
management plan, with the remaining $700,000 for the accomplishment of the Objectives (2) and
(3).
The City advertised its need for a consulting firm to prepare the watershed management plan.
Twelve firms submitted qualifications and letters of interest in the project. The Consultant Selection
Committee, consisting of representatives from the Southwest Florida Water Management District,
Pinellas County, Safety Harbor and the City of Clearwater, short listed these firms to eight
candidates based on qualifications and past experience with watershed projects. These eight firms
were requested to submit proposals to address the draft scope of work for the project. The same
selection committee, after consideration of the proposals based upon the proposed project team
experience of each of the firms relating to watershed/waterbody modelling, geographic information
systems, stormwater engineering, and the creativity and level of effort put forth in the proposal,
ranked the firms in the following order: Parsons Engineering Science, Inc., Camp Dresser & McKee
and Greiner Inc. The attached contract developed through negotiation with Parsons Engineering
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
Engineering
ACM
Other
Originating Department:
Engineeringl Enviro nment ill
Managemont )
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User DepDrtment: I Y
Enginearing :}
Costs:
$496.964
Total
CommissIon Action:
1995
Curront FIscal Yr
o Approvod
o Approved w/condi\lons
o Deniod
o Continuod to:
Fundlng Sourco:
~
Date:
Puper:
181 Not Rcquired
Affected Pertles
o No III iocJ
o No~ Required
lia Capilallll1provemorH
o Operntino
o Othor:
AppropriDtion Code:
314-96103-561200-539-000
Attachmonts:
Allreoment lor Consultant
Services lor tho Dovolopment
ond implemontatlon 01 A
Compruhul\sivu Watorshed
Mnnaoomont Plan lor tho
AlIlgotor Croek Wntorshou
Advertlaod:
Clt
o Nonu
o p,lntlld on recyclod pBpar
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Science, Inc. is for $496;964. This contract addresses the first project objective and allows the
opportunity to amend the contract to design and permit the top three prioritized projects
recommended by the plan. The City of Clearwater share of this contract is $142,000 with
reimbursement from SWFWMD, Pinellas County and Safety Harbor upon invoicing for the balance.
As project manager, the City of Clearwater is responsible for managing the entire contract and
seeking the reimbursement of funds from the other participating agencies.
This project is consistent with the Environmental Management Group five Year Plan. The
Environmental Advisory Committee reviewed and recommended approval by the City Commission
on July 19, 1995.
Funding faJ the City's share of the services in the amount of $142,000 is available in the Capital
Improvement project 31 5~961 03, Starmwater Quality Improvements/Property Purchases.
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AGREEMENT FOR CONSULTANT
SERVICES ].i'OR THE
DEVELOPMENT AND IMPLEMENTATION OF A
COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR
THE ALLIGATOR CREEK WATERSHED .
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July 11,1995
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TABLE OF CONTENTS
Section Page
SECTION 1 SCOPE OF PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.1 INTENT OF THIS AGREEMENT.. . . . .. ... . .... .. ... .... . . .. ..3
1.2 PROJECT DESCRIPTION .................................... 3
1.3 LIMITS OF WORK .. . . .. .. ,. .. . . . . -II . . . .. . II . . . .. . . . ,. . .. ,. .. II -II . . . II . . . . .. . 4
1.4 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' I
SECTION 2 SERVICES TO BE PROVIDED BY CONSULTANT..................... 5
2.1 PROJECT MANAGEMENT AND COORDINATION.............. 5
2.2 INFORMATION COLLECTION AND MANAGEMENT ........... 6
2.3 FIELD WORK AND DATA ANAL YSIS .. .. . .. . . .. . .. . .. .. . .. . .. 7
2.4 WATERSHED MODELING (COMPUTER MODELING) . . . . . . . .. . 12
2.5 IDENTIFICATION OF PROBLEMS AND POTENTIAL
SOLUTIONS ....... II .. . . II .. .. .. .. . . .. , . . . .. .. . . . , . .. .. . .. .. . . . . . . ... . , . . . .. 15
2.6 EVALUATION OF POTENTIAL SOLUTIONS.................. 18
2.7 REGULATORY AGENCY. REVIEW .......................... 19
2.8 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL
LI.AISON ...... It .. . .. . .. . , .. . II II . ,. .. .. . .. .. .. . II . . . .. . .. ,. .. .. . .. . .. . .. ... , . .. .. .. . of 20
SECTION 3 SUBMIIT ALS . II . . .. . . . .. . ,. II . . .. . . . .. . of . .. . , . . .. . .. . . " . .. . .It . .. .. . . .. , .. ,. . . . -II . 22
3.1 SUBMITIAL REQUIREMENTS (GENERAL) ..................22
3.2 SUBMITTAL REQUIREMENTS (MANAGEMENT PLAN) ........23
SECTION 4 IMPLEMENTATION............................................. 24
SECTION 5 SERVICES TO BE PROVIDED BY THE CITY ...... . . . . . . . . . . . . . . . . . . 24
SECTION 6 PROGRESS REPORTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25
SECTION 7 COlviPENSATION TO THE CONSULTANT......... ....... ... .. .....25
SECTION 8 SCHEDULE OF PAYMENTS ...................................... 27
SECTION 9 PERIOD OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SECTION 10 INSURANCE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
10.6 SUPPLEMENTAL PROVISIONS.. ..... . . . ....... ..... . . ... .. ... ...29
10.7 SAFETY AND HEALTH REQUIREMENTS .......................... 29
SECTION 11 REQUIRED STATEMENTS ....................................... 30
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SECTION 12 TERMINATION... 41 .. . It .. . " of . II . .. . . .. .. , , .. . .. , . .. . " Ii . .. . I , .. .. , . . . . . I .. , .. .. . 30
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SECTION 13 SUSPENSION, CANCELLATION OR ABANDONMENT. . . . . . . . . . . . . . .30
SECTION 14 EXTENT OF AGREEMENT. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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AGREElYlENT FOR CONSULTANT SERVICES
FOR THE
DEVELOPMENT AND IMPLEMENTATION OF A
COMPREHENSIVE WATERSHED MANAGEMENT PLAN FOR
THE ALLIGATOR CREEK WATERSHED
THIS AGREEMENT~ made and entered into this day of
1995, by and between the City of ClearwaterJ Florida~ hereinafter referred to as the CITY~
and , with offices in
hereinafter referred to as the CONSULTANT.
WITNESSETH, That
WHEREAS, the Alligator Creek Watershed lying in the City of Clearwater~ the City of
Safety Harbor, and Pinellas CountYJ hereinafter referred to as "the WATERSHED1t,
encompasses approximately five thousand seven hundred (5700) acres; and
WHEREAS, the Southwest Florida Water Management DistrictJ through the Surface Water
Improvement Management Department, has identified Tampa Bay and its tributaries as water
bodies deserving priority for rehabiJitation; and
WHEREAS, the CITY, the City of Safety Harbor, Pinellas County, and the Southwest
Florida Water Management District have entered into an Agreement for the development and
implementation of a Watershed Management Plan hereinafter referred to as the
MANAGEMENT PLAN to the extent of jointly funding an engineering study of the
WATERSHED; and
I'
WHEREAS, the CITY desires to engage the CONSULTANT to provide professional
engineering and environmental services in accordance with this agreement; and
WHEREAS, the CONSULTANT has expressed the willingness and ability to provide such
services in accordance with the Agreement;
NOW THEREFORE, the CONSULTANT and the CITY, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
2
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SECTION 1
SCOPE OF PROJECT
1.1 INTENT OF THIS AGREEMENT
This project is being developed in accordance with the Cooperative Agreement between the
Southwest Florida Water Management District, Pinellas County, the City of Clearwater and
the City of Safety Harbor for the Development and Implementation of a Comprehensive
Watershed Management Plan for the Alligator Creek Watershed and the management needs
of each party.
In accordance with the following sections, it is the intent of the CITY to contract the services
of the CONSULTANT to provide professional engineering, land surveying, biological,
environmental and planning aspects in developing the MANAGEMENT PLAN. The
CONSUL T ANT, by executing this Agreement, acknowledges familiarization with the
project and SCOPE OF SERVICES and accepts the responsibility to provide a product that
is complete in every respect and which fulfills the intent ofthis agreement, whether or not
all items of work are specifically included herein.
1.2 PROJECT DESCRIPTION
The primary objective of the project will be to prepare a comprehensive Watershed
Management Plan for the Alligator Creek basin, which encompasses approximately 5700
acres in central PineIlas County. The MAl'JAGEMENT PLAN will be used as a tool in the
planning, regulation and management of natural resources, of future development and as a
basis for determining and prioritizing capital improvements by SWFWMD, PineUas County,
the City of Clearwater and the City of Safety Harbor. This objective will be met in part, by
conducting a comprehensive analysis of the watershed in order to characterize the watershed.
The project will be conducted in two phases: (1) Planning and (2) Implementation
1.2.1 Planning Phase
The MANAGEMENT PLAN is intended to evaluate the Alligator Creek Watershed,
identify problems requiring management of resources, and recommend solutions
affecting water quantity and quality, and natural habitat. At a minimum, the
MANAGEMENT PLAN will address existing flood situations to be defined herein,
erosion, and stormwater pollution. The Planning Phase will include the initial collection
. of design and water quality data, the diagnostic evaluation of the Alligator Creek
Watershed, the use of an appropriate linked watershed/waterbody model if applicable,
that is approved by Pinellas County, Clearwater, Safety Harbor and the Southwest
Florida Water Management District (SWFWMD), and the development of a
comprehensive watershed management plan, with recommendations for site specific
physical improvements including public property availability and/or property acquisition
information. The Plarining Phase will also include the conceptual design necessary to
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determine pemlit and construction fensibility and cost effectiveness.
At the end of the Planning Phase there will be an assessment meeting of the participants
at the close of which a decision will be made on whether the work should proceed into
the Implementation Phase.
1.2.2 Implementation Phase
The Implementation Phase will include the final design and permitting of the top three
(3) prioritized PROJECTS recommended in the MANAGEMENT PLAN, and the bid
advertisement, award, and construction of one (I) or more of the top three (3) prioritized
PROJECTS. Description of the implementation phase is included for the
CONSULTANT'S information and is NOT a part of this Agreement.
1.3 LIMITS OF WORK
1.3.1 The MANAGEMENT PLAN limits shall encompass all areas required for the
improvements described herein and shall extend, laterally and linearly, to those
boundaries delineated as the Alligator Creek watershed required, in accordance with
good engineering practice, to render the proposed improvements compatible with
abutting property and aU existing drainage systems.
1.3.2 It is desirable that proposed'improvements be contained within the limits of existing
publicly owned lands, rights-of-way, or easements where practi,cal and feasible.
1.4 KEY PERSONNEL
1.4.1 The CITY reserves the right to approve/disapprove for whatcver reason all personnel
assigned to this project by thc CONSULTANT. The individual(s) named in Schedule
1 and/or such other individuals who are to be assigned to work under this contract are
necessary for the successful performance of this contract. The CONSULTANT agrees
that whenever for any reason, one or more of the aforementioned individuals are
unavailable for performance under this contract, the CONSULTANT shall replace such
individual(s) with an individual(s) of substantially equal abilities and qualifications,
subject to approval by the CITY.
1.4.2 The CONSULTANT shall submit to the CITY a resume giving the full name, title,
qualifications, and experience, for all successors and/or new persons prior to assignment
of such personnel to perform work under this contract. Should the CITY decide the
. successor personnel does not meet the qualifications of the replaced personnel, or in the
case of new personnel, the CITY determines they are not qualified to perform the work
assigned, the CITY will advise the CONSULTANT accordingly. The CONSULTANT
shall then submit name(s) and qualifications of an individual(s) to the CITY until a
determination is made by the CITY that the replacement individual(s) has substantially
equal abilities and qualifications of the individual(s) named herein.
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1.4.3 The CITY, the City of Safety Harbor, Pinellas County, and SWFWMD shall each designate
a single Project Representative, hereinafter referred to as PROJECT
REPRESENTATIVE(s), who will serve as a liaison bctwccn the CITY, the City of Safety
Harbor, Pine 11M County and SWFWMD on all matters related to the development ofthis
MANAGEMENT PLAN. The CONSULTANT, in recognition of the existing Cooperative
Agreement, will simultaneously copy project correspondence to the PROJECT
REPRESENTATIVES.
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SECTION 2
SERVICES TO BE PROVIDED BY CONSULTANT
2.1 PROJECT MANAGEMENT AND COORDINATION
2.1.1 Work Program Coordination
The CONSULTANT must coordinate work activities with the CITY, PROJECT
REPRESENT A TIVE(s), other involved State agencies, municipalities, and other
vendors. The CONSULTANT shall submit a Project Work Plan outlining coordination
activities. The CITY shall, however, be the primary contact. The Project Work Plan will
include the following elements:
. Scope of Services
. Project Schedule
. Project Budget
. Coordination Procedures
. Reporting Procedures
. Documentation Procedures
. Technical Quality Control Procedures
2.1.2 Project Coordination Meeting
The CONSULTANT shall designate in writing to the CITY, the Project Manager and
those persons who will supervise and coordinate the essential portions of the project.
The CONSULTANT will schedule an initial joint coordination meeting (kick~off
meeting) within one week of issuance of Notice to Proceed.
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2.2 INFORMA TrON COLLECTION AND MANAGEMENT
2.2.1 Literature Search
The CONSULTANT will perform a literature search to review and assimilate available
information pertinent to the study area under 4 major categories; flood control, water and
sediment quality, natural resources and drainage problems. This will include but not be
limited to a review of the following information available from the CITY, Pinellas
County, Safety Harbor and the Southwest Florida Water Management District
(SWFWMD), the Florida Department of Environmental Protection, (FDEP), the Florida
Department of Transportation , the U. S. Army Corps of Engineers, the U.S. Geological
Survey (USGS), the U.S. Department of Agriculture Soil Conservation Service (SCS),
the U.S. Department of Environmental Protection (USEPA), the Tampa Bay Regional
Planning Council (TBRPC) and the Tampa Bay National Estuary Program (TBNEP):
a. Existing reports relative to the study area.
b. Hydrologic, meteorological, and tidal records.
c. City Stormwater Atlas Sheets, and Pinellas County Stonnwater Management Plan
for Alligator Creek, by H.D.R. (1981)
d. Existing drainage and storm water management systems within the study area
e. Aerial photography of the study area Pinellas County (1994).
f. Docwnenlation of significant flood events. Identify 25 and 100 year frequency, 24
hour duration, storm floodplains. The verification and calibration for computer
modeling will require an investigation of past events which have existing
documentation (i.e. rainfall data and streamflow records).
g. Present and projected land use within the study area including the land use
elements of the City of Clearwater, Safety Harbor, and Pinellas County
Comprehensive Plans, and major developments that have been approved within the
study area.
h. Drainage maps for City, County and State roads with the study area.
I. Surface water quality and sediment data.
j. Ecological studies.
k. Rules and laws related to stormwater and flood plain management (local, regional,
state, and federal) pertinent to the study area <
.1. Historical and/or archaeological sites from the State Historical' Preservation
Officer.
m. Soils and geotechnical infommtion required to identify soils related problems using
USGS hydrologic maps, soil survey maps, and the Soil Conservation Service.
n.. Point source discharges in the watershed.
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2.2.2 Evaluate and Define Deficiencies of Existing Data
Existing nvailable data shall be evaluated to identify any missing data necessary to the
study. AdditionaIlYJ conflicting data will be identified. Missing or conflicting data will
be evaluated to determine the appropriate method of obtaining the needed data or
resolving conflicts.
Data evaluation will include numerous pieces of information that will be grouped in the
four general categories of interest for this study: drainage problems flood controlJ water
and sediment quality, and natural resources. Furthermore, the data will be analyzed in
terms of their utilization in this study. This information will be provided to the CITY in
a letter report
2.3 FIELD WORK AND DATA ANAL YSIS
2.3.1 Field Work
Field investigations shall be made of the drainage ways and tributaries and of existing
drainage and storm water management systems to verify stormwater atlas sheets and'
based on the specific needs of the hydrologic and hydraulic models and for subbasin
delineation clarification. Field reconnaissance shall be completed to ascertain the present
condition of streams and drainage structures. Reconnaissance shall include meeting with
City and County muintemmce personnel to acquire knowledge of drainage systems and
maintenance practices and problems.
Written and/or photographic documentation ofull opcn waterways, including structures
shall be performed. Structure numbering will be consistent with the labeling system
chosen for modeling.
Field familiarization will point out specific problem areas and also note other pertinent
factors such as areas subject to sedimentation, high velocity reaches, environmentally
sensitive areas, and features affecting modeling.
Natural resources will be assessed to establish a II level of service" in order to determine
a target condition and will include but not be limited to the following:
a. location and type of vegetative communities (including uplands and wetlands)
along the creek
. b. quantitative and qualitative (degree of disturbance) evaluation of each community
c. potential or actual (observcd, nests, etc.) occurrence of threatened and/or
endangcred species .
d. unique features (sinkholes, etc.)
c. faunal communities (method to be dctermincd)
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f. observed wildlife species
g. wetland boundary (estimated)
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2.3.2 Natural Resources
Evaluation of natural resources will begin with analysis of such information on high
resolution vertical aerial photographs, National wetland inventory maps, and the Soil
Survey of Pine lIas County. Vegetative communities will be marked on the maps, using
. the preliminary mapping as a guide, and each upland and wetland community will be
assigned a numerical designation and visited to record ecological status, e.g., degree of
disturbance, exotic invasion, potential or actual occurrence of threatened or endangered
wildlife and plant species (observed, nests, etc.), other wildlife species present, and any
observable unique features such as specimen trees. All observations for each numbered
community will be recorded on a "Habitat Inventory" form suitable for input to the GIS
for the basin and should include faunal communities. Boundaries of the vegetative
communities, including wetland boundaries, will be approximated based on aerial photos
and qualitative field verification. Formal wetland boundaries will not be surveyed
except as it becomes critical in the development of the conceptual design of the
PROJECT(s). Vegetative communities will be classified in conformance with the
Florida Land Use Cover and Forms Classification System (FDOT, 1985).
Based on existing conditions of the natural resources, a set of criteria that will define
existing levels of service will be detemlined. These criteria will describe aspects of the
biological resources that range from undesirable to desirable,' considering the land uses
of the watershed.
CONSUL T ANT to determine field sampling methods for mucrohabituts. Method to be
approved by PROJECT REPRESENTATIVES.
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2.3.3 Water Quality Analysis
The CONSUL T ANT shall evaluate existing water quality, flow and loading data and
make recommendations for additional monitoring that may be required to adequately
determine sources of pollution, and pollutant load lIhot spotsU in the watershed. In
addition to supplementing existing water quality monitoring programs, a sediment
quality monitoring program is also proposed. A preliminary survey of the sediment
types within the creeks and takes of the Alligator Creek Basin will be done to identify
locations of potential monitoring sites. The need to conduct water quality sampling
. during storm events will be evaluated and recommendations provided to the PROJECT
REPRESENTATIVES.
The CONSULTANT shall assess impacts of the potential solutions on average annual
pollutant loadings. The CONSULTANT shall utilize existing and ongoing water quality
studies to identify specific water quality problems that can be targeted for rcmcdial
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nction. Pollutant loading rates for specific land uscs and pollutant rcmoval efficiencics
for typical stormwater trcatment systems and nonstructural shall be considered in the
assessment. Average annual pollutant loadings shall be calculated for future land use in
the basin. Calculations shall take into, account pollutant removal efficiencies of
stonnwatcr treatment facilities required for new developmcnts under currcnt stormwater
treatment regulations. '
The CONSULTANT shall make rccommendations for ongoing monitoring to
demonstrate improvements to water quality and other ecological considerations brought
about by implcmentation of the recommended Program and PROJECT(S).
A seasonal water qunlity sampling program will be undertaken to supplement existing
water quality monitoring data. Additionally, a sediment quality sampling program is also
proposed. Because sediment and water quality parameters are inter~related, the
simultaneous collection of watcr and sediment samples will allow for a more accurate
interpretation of the existing conditions within the watershed. Historical data for the
watershed and data from other sources will then be utilized to further support analysis
of conditions in the watershed.
Based on the preliminary d~ta review and site investigation performed for the proposal
preparation, approximately eight surface water and sediment quality monitoring stations
will be needed to provide adequate coverage ofthe Alligator Creek basin for the purpose
of the Watershed Management Plan. The specific locations will be selected based on
environment type(Le., creeks, man-made ditches, and lakes), surrounding land use (i.e.,
areas with both high and low pollutant loading potential), and sediment deposition
within the watershed. Recommended locations for monitoring sites will be presented
following the completion of historical data review and inspection of the study area.
\Vater quality sampling will be conducted scasonally to cover two flow regimes: primary
wet season and dry season. Parametric coverage will include aluminum, arsenic,
cadmium, copper, chromium, iron, lead, mercury, silver, zinc, hardness, biochemical
oxygen demand, total nitrogen, ammonia, nitrate, nitrite, organic nitrogen, total
phosphorus, orthophosphate, total suspended solids, oil and grease, chlorophyll-a (lakes
only), coliforms (fecal c. and fecal strep.), dissolved oxygen, pH, temperature,
conductivity, chlorides and pesticides (organochlorine and organophosphorus series).
Sediment sampling wilI be done once in conjunction with a water quality monitoring
event. Sediment grab samples will be collected at each monitoring site and analyzed for
the following parameters: aluminum. arsenic, cadmium, copper. chromium, iron, lead.
mercury, silver, zinc, grain size. pesticides (organochlorine and organophosphate series).
. P AH's (polyaromatic hydrocarbons), PCB's (polychlorinated biphenyls). Analytical
methods shall be subject to the approval of thc CITY.
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2.3.4 Land Use Inventory
Inventory existing land uses and proposed land uses for the year 2010 as shown on
pertinent land use plans for use in developing data for the storm water model. Summarize
existing land use plans and policies developed by Cleanvater, Safety Harbor, Pinellas
County, and rcgional planning agencies to gauge future dcvelopment potential.
2.3.5 ,Survey, Geologic, nnd Topographic Base Data
Maximum use will be made of data found in existing studies once verified.
All surveying shall be performed under the direction and control of a Florida Registered 0
Professional Land Surveyor. '
The CONSULT ANT shall provide surveying as follows:
a. Topographical survey services necessary for determining water surface profiles,
aerial extent of existing flooding and of design storms and conceptual design of
channel improvements and related drainage structures, including storm water
treatment facilities related to the MANAGEMENT PLAN.
b. The CONSULTANT shall record survey data in acceptable field books with copies
of all survey notes delivered to the CITY upon complet,ion of all surveying.
c. The CONSULTANT may elect to use data collectors and magnetic files in place
of written notes or a combination of the two. If so, the CONSULTANT shall
provide a copy of the information in digital form.
d. The CONSULTANT may elect to use rectified aerial photography or other aerial
photographic methods, subject to approval by the CITY, as part of the topographic
survey requirements. The use of photography does not relieve the CONSULTANT
from field locating any topographic features that may be obscured from the image.
e. The CONSULTANT shall be responsible for any additional land survey such as
stream cross-sections, horizontal and vertical control and other tasks that may be
required to meet the considerations of the MANAGEMENT PLAN.
f. The CONSULTANT shall provide on 111 equals 200' aerial maps:
1. Main basin boundaries
2. Sub~basin boundaries
3. Sub-basin number (from model)
4. Node and reach number (from model)
5. Stream channel cross-section location and number and centerline stutioning
along each of the main channels.
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7.
Proposed channel improvement locations
Existing channel right-of-way and right-of-way
proposed improvements
Storage areas
Structure numbers
width needed for any
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9.
10. 25 and 100 year frequency, 24 hour duration storm flood boundary for
existing land use conditions and for proposed improvements with known
future developments.
II. All elevations shall be NGVD
g. The CONSULTANT shall also provide flood profiles for the storms and conditions
previously specified showing all drainage structures located within the Alligator
Creek flowwuy. The CONSULTANT shall identify locations, sizes, dimensions
with invert elevations for drainage structures, in the existing and proposed
conditions. This information shall be provided on 24 by 36 inch drawings and
shall include the following:
1. Establish baseline of survey utilizing existing control points und newly
established positions by GPS and/or conventional surveying procedures.
2. Establish vertical controls via published benchmarks.
3. Obtain cross sections on the main channel(s) of Alligator Creek and the main
tributaries at approximately 500' intervals.
4. Obtain cross section and/or profile of all intersecting cross ditches, swales,
canals, etc., as instructed in the field.
5. Locate horizontally and vertically all structures within Alligator Creek and
main tributaries. Structures include storm sewers, flood control structures,
bridges, exposed utility crossings, ete.
6. Right-of-\vay services shall include obtaining existing property appraisal maps,
subdivision plats, etc., and preparing a composite drawing showing the existing
right-of-ways and easements.
7 All data to be supplied in digital format for GIS.
The CONSULTANT shall provide mylar deliverables of aerial maps and flood profiles
as described. All drawings shall be signed and sealed by an engineer registered in the
State of Florida.
Geographic rnformation System (GIS) Database
The MANAGEMENT PLAN shall' include GIS representations, if applicable, in
ArcInfo format detailing:
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a' water quality
b. habitat identification
c. stream conditions (erosion, hardening, sedimentation)
d. survey data (topography, channel cross sections, structure elevations, etc.)
e. basin characteristics (SCS soil types, impervious surface area)
f. land use and cover type information for existing and futurc conditions
g. areas of conceptual improvement
h. areas to purchase property
i. areas to construct water quality treatment Ul}d flood attenuation ponds
j. areas to construct channel improvements and drainage structure replacements
k. areas for planting and other ecological restorations
1. other areas as applicable to support the MANAGEMENT PLAN:
m. 25, and 100 Year water surface profiles for existing land use conditions and for
proposed improvements with known future developments.
n. 25 and I 00 Year flood plain boundaries as above, superimpose~ on } 11=200' aerial
photographs
The CONSULTANT shall provide a user's manual and disc, and instruction sufficient
to enable the CITY and PROJECT REPRESENTATIVES to read, manipulate and edit
the data set. The CONSULTANT shall provide hands-on training sessions (a total of 16
hours) at the completion of the project on the use of the delivered product data sets.
These training sessions will be formatted on the assumption that the attendees have a
working knowledge of ARClInfo.
The CONSULTANT shall use the MAPPING AND GEOGRAPHIC INFORlvlATION
SYSTEM, STANDARDS AND CONVENTIONS, FINAL REPORT July 23, 1993
prepared by the Water Management Districts in the development of the GIS.
GIS linkage shall be provided for those aspects required to feed the watershed modeling.
2.4 WATERSHED MODELING (COMPUTER MODELING)
. The objective of this task is to simulate existing conditions in the WATERSHED to
provide baseline data for evaluating the existing storm water management facilities in
addition to evaluating the effectiveness of proposed improvements on both water
quantity and quality. The use of a linked wntershedlwatcrbody model shall integrate
hydrologic, hydraulic and water quality featurcs of the W A TERSI-IED.
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2.4.1 The CONSULTANT shall considcr the applicability of using SWMM and WASP models
for this task. Thc CONSULTANT will prepare a report summarizing the justification
and rationale behind the selection of the modcl(s). The CONSULTANT shall submit
recommendations of the preferred software to the CITY and PROJECT
REPRESENTATIVES for approval.
The basic model configuration to be used for the Alligator Creek Comprehensive
\Vatershed Management Plan will consists oftwo main areas of analysis, watershed and
waterbody modcling. It is anticipated that the SWFWMD Linked Watershed/Waterbody
,Model will be used as the basis for this application. However, modifications will be
made to the existing model to account for the integration of the SWMM EXTRAN
Block.
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2.4.2 Thc EXTRAN model will be used to analyze the processes associated with flood control.
The system will include the development of the runoffhydrographs and the routing of
the hydro graphs through the Creek and the stonnwater conveyance structures. The
applicable Levels of Service for flood control will be to maintain the runoff generated
by the 25-year, 24-hour storm within the drainage system and that no structural flooding
(ie. homes and businesses) would occur under the 100-year, 24-hour storm runotl'
conditions. Therefore, the stonns to be modeled will include the 25-year and 1 pO-year
frequency, 24-hour duration storms.
The flood control/water quality model will be calibrated and verified using the USGS
data. It will be the CITY'S responsibility to provide the necessary data to conduct this
work effort. Currently, flow and stage data are available at two sampling stations. Also,
concurrently with this project, the USGS will initiate a water quality/water quantity data
collection program at three stations along the creek. Calibration/verification will
conducted using data from a minimum of two stations. Comparisons of predicted and
observed data will be minimized. Error analysis will be conducted to estimate the model
accuracy.
2.4.3 Modeling will be accomplished for existing land conditions using the Florida Land Use
and Land Classification System (FLUCCS) and for proposed improvements with known
future developments. The CONSULTANT will use a GIS approach by which the land
use data will be integrated with thc hydrologic/hydraulic and watcr quality data in an
ArcInfo format.
A hydrodynamic/waterbody model will be used to assess existing and future water
quality conditions in the watershed. Eutrophication modeling using WASP will be
. applied to the area of the main channel from east of Belcher Road to the Alligator Lake
weir. The hydrodynamic model will be applied first to predict transport through the
system. It is anticipated that water quality simulations will be conducted assuming a
"simple eutrophication" level of complexity assuming a constant phytoplankton
concentration. Additionally, separate full eutrophication analysis will be made for
Alligator Lake and Lake Chautauqua. Water quality evaluations will be conducted
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throughout thc watershed based on pollutant loads developed from land use and other
information.
The water quality analysis will encompass two types of simulations: single event and
continuous 365-day simulations. The single event simulations will include modeling of
a typical frequent storm in the watershcd to be identified through a rainfall pattern
analysis. The rainfall volume for this storm is expected to be between one half and one
inch. The long-term simulation will provide a 365, daily continuous simulation based
on actual collected rainfall with dry season and wet season pollutant loadings. This
simulation will be conducted assuming a typical annual rainfall pattern, also to identified
from the rainfall analysis.
The model will be calibrated using a representative subset ofthe available watcr quality
data. The USGS data will be used to the extent possible. The CITY will be responsible
to provide the calibration/verification data. The calibration will define site specific
parameters and kinetic constants appropriate for the prediction of water quality. The
final values of all parameters and coefficients will be evaluated to insure that they are
within reasonable ranges, as compared to values in the literature or based on studies of
similar systems. Where possible, the calibration data set wiII cover a broad range of
environmental conditions, such as wet and dry seasons since the relative impoqance of
different kinetic processes may vary. In the case where a reasonable calibration can not
be obtained (as jointly determined by the technical team, the CITY and the project
representatives), possible causal factors will be identified and recommendations made
either to further refine the model or to obtain additional data to further define the
problem. Where data are not available for adequate calibration, critical parameters will
be identified and subjccted to sensitivity analyses to dctermine the impact of their
uncertainty on model predictions.
Similar to the flood control model, once the initial application is complete, the watcrbody
model will be verified against one or more additional (independent) subsets of the
available data and a skill test pcrfonned to document the accuracy and precision of model
predictions. The evaluation of the results of the model validation will include a limited
skill or error analysis to estimate the model's accurncy. Model accuracy will be assessed
through graphical and statistical comparisons of modcl predictions to field data. At a
minimum, a least square analysis will be performed comparing predicted and observed
constituent concentrations and associated coefficients of determination (r2) will be used
to assess model skill. A sensitivity analysis will also be conducted at this stage to
estimate analysis will also be conducted at this stage to estimate the impact of
uncertainties on model predictions.
2.4.4 The CONSULTANT shall provide a narrative und disc for the modeling effort nnd
provide documentation of all raw data used in dctermining input values. Documentation
of this work effort shull includc, but not be limited to, the graphical and tabular
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presentation of nil calibration comparisons and description of the design storm process
along with tabular descriptions of modeling input and output, including rates,
coefficients, peak flows and stages.
The CONSULTANT will prepare an interim report describing the modeling effort and
provide documentation of all raw data used in determining input values. The values
selected for the models will be reported along with comparisons of predicted and
observed data for the calibration period(s). Discrepancies between model predictions and
measured data will be evaluated.
2.4.5 Upon completion of the model application, the project team will provide training (40
hours of hands-on training) in the use of the various model components. Components
of the workshop are expected to include:
· A brief overview of model(s) theory
· SWIM-RUNOFF, TRANSPORT, RAIN, EXTRAN
· RIVMOD, DYNHYD, others
· An overview of model linkages
· Lateral inflow
· NPS loads
· Hydrodynamics
· A description of modeling assumptions
· An overview of modeling assumptions
· Examples of model(s) results
· Hands-on training
Training will be coordinated with the CITY upon completion of the watershed
modeling effort.
2.5 IDENTIFrCA TION OF PROBLEMS AND POTENTIAL SOLUTIONS
2.5.1 Evaluate Existing Conditions
Evaluate Existing Conditions. The methods to be used for this task will include field
studies, data analysist and computer model simulations. The data analysis will
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includc thc approved Level of Scrvice criteria to idcntify those areas where the
existing system' does not provide an acceptable Level of Servicc. Evaluation of
existing conditions will be based on the surface water profiles developed under
Section 2.4. Specific eriteria used to dctcrmine nn acceptable Levcl of Service for
water quality and natural resources documented in Section 2.2 and 2.3 will be submitted
to the CITY for approval. rn addition, a revicw of the cities' and county complaint files
will be conducted.
2.5.2 Evaluate Future Conditions
Evaluate the Level of Service with known future development conditions to identify
those areas where the existing system is not expected to provide an acceptable Level of
Service.
2.5.3 Develop and Evaluate Potential Solutions
After compiling and evaluating the data documented in Section 2.2, the CONSULTANT
shall begin the development of potential solutions to address conditions in the
WATERSHED that do not meet an acceptable Level of Service. The identification of
these potential solutions will take into account existing as well as future watershed
development conditions. ..:
Potential solutions shall include but not be limited to the following:
a. floodplain, water quality and water quantity regulations
b. base flow munagement and restoration
c. wetland restoration, enhancement, and creation
d. conservation and restoration of natural waterways
e. vegetated buffers along stream corridors and riparian areas
f. lined and unlined channels
g. selected or limiteq structure improvements
h. regional detention and retention facilities
1. groundwater recharge
J. non-structural improvements and methods, including source reduction programs
k. multi~use facilities
1. proposed revisions to designated land use or zoning
m. minimization of mitigation to that absolutely necessary to construction
2.5.4 rn the developmcnt of the MANAGEMENT PLAN, the following concerns shall be
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addressed in the fonnulation of the final recommendations. Not nil areas of concern may
require improvements, but should be addressed.
a. Acceptable pollutant and nutrient loads
b. Use of pesticides
c. Use of fertilizers
. d. Discharge of automobile waste
e. Hazardous waste and petroleum contaminated properties
f. Environmental Educational and A warcness levels
g. Drainage areas in need of treatment by either regional or local systems
h. Improper disposal of yard wastes and other trash
i. Management of aquatic vegetation
j. Local weed or insect control programs
k. Erosion control and the reduction of sediment transpo~
I. Street cleaning
m. Creek and ditch mowing
m. Reclaimed water use
n. Illicit discharges into the sewers, surface waters or groundwater
o. Land Use
p. Retrofit opportunities
q. Habitat identification, flora and fauna
r. Wildlife needs and habitat restoration
s. Exotic plant control
t. Vegetated wildlife corridors and buffers
u. Septic tanks
v. Maintenance of existing retention systems
w. Historic and current landfills
x. Polluted stream sediments
. y. Atmospheric deposition
z Residence time of stream pollutants
an. ' Channelization of streams
bb. Impact of power boats on turbidity, nutrient resuspcnsion, erosion, vegetation,
wildlife, etc.
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2.6 EV ALUA nON OF POTENTIAL SOLUTIONS
2.6.1 Once the target conditions and associated LOS in the watershed are agreed upon, the
potential solutions will be evaluated and prioritized based on pre-established evaluation
criteria. The CONSULTANT shall develop a method to prioritize the potential solutions
which shall, in addition to criteria delineated in 2.3.5 include assessment of:
Drainage problems (erosion, sedimentation)
Flooding (frequency: 25, 100 yrt severity: streets, yards, homes)
Water quality (measurable and cost~effective improvements)
Natural resource impacts (enhancement or loss)
Need to ensure Public safety and welfare
Recreational benefi ts
Water supply potential
Construction costs
Dollar estimate of benefits
Requirements for right-of-way and costs
Operation and maintenance and costs
Perrnitability
Public acceptance
Economic support
2.6.2 Preliminary Report
a. The information amassed thus far will be submitted in a Preliminary Report. The
submittal of the findings and conclusions shall include a matrix which shows, at
a minimum, the relationship of each potential solution in tenus of criteria listed in
2.5.1. The intent of the matrix is to support the narrative, by giving rationale for
selecting a particular solution in an easy to understand fonuat. The
CONSULTANT shall develop the written evaluation including schematic plans
and cost estimates for construction and land acquisition that will be supportive of
viable solutions being. submitted to the CITY and PROJECT
REPRESENTATIVES for consideration as improvements to meet the needs of the
MANAGEMENT PLAN.
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An important consideration of this project will beach achievement of the Pollution Load
Reduction Goals (PLRGs) being established for Tampa Bay per State Water Policy
Chapter 62-40.432 F AC.
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b. Following review by the CITY, and other PROJECT REPRESENTATIVES, the
CONSULTANT will refine the Preliminary Report. Information gathered will be
updated to reflect any changcs. Subsequent to this review, the CONSULTANT
shall schedule meetings with Environmental pcrmitting agencics having
jurisdictional authority, for thc purpose of acquiring comments for each potential
solution. PROJECT REPRESENTATIVES shall accompany the CONSULTANT
on meetings with other agencics. The CONSULTANT shall develop a
recommended combination of potential solutions for further evaluation as the
recommended Program based on input from PROJECT REPRESENTATIVES and
the permitting agencics.
2.6.3 Draft Final Report
a. Identify a recommended Program based on the combination of the various potential
solutions developed in Sections 2.5.1 and 2.5.2.
b. Model the Program to determine effect upon water quality and flood control.
c. Evaluate the Program based on criteria and method developed in 2.5.1.
d. Submit draft final report on the above with the CONSUL TANrs recommended
final Program '
e. With input from PROJECT REPRESENTATIVES the CONSULTANT shall
select the final Program subject to approval by the CITY, and other PROJECT
REPRESENTATIVES.
f. The CONSULTANT shall prepare conceptual plans for the top (3) ranked projects
to demonstrate the permit and construction feasibility, and cost effcctiveness of
each project.
2.6.4 Final Report
a. Prepare final modeling of selected II Program. II
b. The Final Report (MANAGEMENT PLAN) shall include development of a method
to prioritize projects based primarily upon the potential effectiveness of reducing
pollutant loads, flooding conditions, and other drainage problems and secondarily on
the potential for increasing natural habitat, and the availability of public-owned
property on which to construct the improvements. The Final Report shall also
prioritize the top three projects for implementation based on the method developed.
2.7 REGULATORY AGENCY REVIEW
2.7.1 In order to determine pemlitability and develop meaningful comments from permit and
permit review agencies, the CONSULTANT shall seek comments from permitting
agencies having jurisdiction over tne WATERSHED area for the recommended Program,
identified during the development of the Draft Final Report, Section 2.6.3. These
comments will be used for development of the final selected Program. The
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CONSUL T ANT shall schedule meetings with the various agcncies and shall give
adequate notice to the CITY of each meeting schedulcd so that CITY and other
PROJECT REPRESENTATIVES can be in attendance. Subsequent to obtaining
affirmative comments for the selected Program, thc CONSULTANT shaH proceed with
development of the Final Report.
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2.7.2 Pemlitting agencies having jurisdiction may include, but are not limited to, the Florida
Department of Environmental Protection, U.s. Army Corps of Engineers, Southwest
Florida Water Management District, Florida Game and Fresh Water Fish Commission,
U.S. Fish and Wildlife Services, U.S. Environmental Protection Agency. Review
agencies may include the Tampa Bay National Estuary Program, and the Tampa Bay
Regional Planning Council.
2.7.3 The CONSULTANT shaH make revisions to the MANAGEMENT PLAN (Final
'Report) as needed to include comments from the permitting agencies.
2.8 PRESENTATIONS, PUBLIC MEETINGS AND TECHNICAL LIAISON
~1 The CONSULTANT shall keep accurate minutes of all meetings and distribute copies to all
participants, within seven (7) calendar days after the meetings. The meetings shall be set up
through the CITY and PROJECT REPRESENTATIVES shall attend. The CONSULTANT
shall coordinate with the CITY and prepare the necessary agenda for each meeting to be held.
Agenda shall be submitted to the CITY at least five (5) days prior to any scheduled meeting.
All display material shall be developed and prepared by the CONSULTANT.
2.8.1 Prior to the commencemcnt of MANAGEMENT PLAN activities, the CITY will
conduct with the CONSULTANT one project initiation conference for the purpose of
discussing issues relative to the MANAGEMENT PLAN and submittal schedules and
to convey to the CONSULTANT such items provided for under Section 2.1 as may be
required and available at that time.
2.8.2 The CONSULTANT shall be required to participate in a regularly schcduled monthly
Status or Progress Meeting during MANAGEMENT PLAN development. It is
anticipated that PROJECT REPRESENTATIVES will attend the project initiation
conference and the monthly status review meetings.
2.8.3 The CONSULT ANT shall make a total of three presentations to the CITY and
PROJECT REPRESENTATIVES for the recommended Program identified in Section
2.6.3 and at any point in the MANAGEMENT PLAN development as requested by the
_ Director of Environmental Management.
2.8.4 The CONSULTANT shall be required to conduct, with assistance from the CITY and at
a location to be provided by the- CITY, all pre.permit application meetings and two
public information meetings concerning the recommended and selected Program. The
meeting will have an extended format allowing casual public review and comment over
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a pcriod of thrcc to four hours at a public location to be provided by thc CITY. The
purpose of the meetings is to inform the public of the recommended and selected
Program as well as gather public input.
2.8.5 Public Information Mceting Requirements
These meetings arc to be advertised and conducted as an information meeting. The
CONSUL T ANT shull conduct the meetings and prepare all necessary advertisements,
notices, displays, maps, scripts, etc. The CITY and PROJECT REPRESENTATIVES
will assist the CONSULTANT in conducting the meetings. The CONSULTANT may
be required to actively participate in a portion of the presentation as follows:
a. All presentations (script and graphics), media releases, legal and display
advertisements, and general (mass) property owner letters will be prepared,
published and distributed by the CONSULTANT as authorized by the CrTY, after
approval by the other PROJECT REPRESENTATIVES.
b. Display Advertisements. A black and white, quarter page display advertisement
announcing thc meeting shall be prepared by the consultant and submitted to the
CrTY for approval. The consultant will publish the advertiscment in the area
newspaper(s) having the largest daily circulation.
c. News releases shall be prepared by the CONSULTANT and submitted to the CITY
for approval prior to publication by the CONSULTANT.
d. A Memorandum with location shall be prepared and sent to the CrTY Project
Manager for submission to the CITY Public Information Department for
distribution.
e. The meeting format shall be developed by the CONSULTANT and approved by
the CITY.
f. Prepare displays or wall graphics for use during the meeting. These may include
typical sections, aerial photographs, renderings, charts, and graphs, as needed.
g. Prepare the script for a formal tape recorded presentation, if used, to include
synchronization with 35mm color slides (at CONSULTANT's option).
h. Prepare camera-ready graphics to be used with a formal presentation (if this
technique is used, it will be at CONSULTANT's option).
1. A briefing by the CONSUL T ANT of staff and CITY and PROJECT
REPRESENT A TIVE(s) who will participate in the Public lnfomlation Meeting
shall be held at least five (5) working days prior to the Public Information Meeting.
The briefing shall be combined with a monthly progress meeting. The purpose of
the briefing is to insure that the staff and Project Representatives are familiar with
and up-to-date on the proposed MANAGEMENT PLAN. The briefing will also
provide opportunity to review the proposed Public Information Meeting format
und all visual display and presentation items prior to the meeting, therefore,
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allowing time for any required revision to these items.
J. Following the completion of each Public rnforrnation Meeting, an in-house meeting
with the CITY and PROJECT REPRESENTATIVES will be scheduled by the
CONSULTANT to address public input. The CONSULTANT will review the
public information gathered and prepare his recommendations regarding any
viable public comments that may improve the MANAGEMENT PLAN.
The CONSULTANT shall be required to muke a presentation to the CrTY
ComrnissionerJ in conjunction with the Draft Report. All display material shall be
. developed and prepared by the consultant.
The CONSULTANT shall be required to make three (3) additional presentations, onc
(l) each to the City of Safety Harbor and Pinellas County Commissions and the
Southwest Florida Water Management District, Pinellas-Anclote Basin Board. All
display material shall be developed and prepared by the CONSULTANT.
2.8.7
2.8.8
With written authorization, anyone of the above meetings may be substituted for another
meeting in the Twnpa Bay area without added cost to the CrTY. If the total public
meetings and presentations as identified in this Agreement are exceeded, compensation
may be provided in accordance with Section 7 of this Agreement.
SECTION 3
SUBMITTALS
3.1 SUBMITTAL REQUrREMENTS (GENERAL)
Each submittal called for below shall be delivered with a transmittal letter signed by the
CONSULTANT's Project Manager stating that the submittal package is complete, and all
pertinent calculations and details havc been checked for accuracy and completion. Checks
will be perfonued by the CITY to confirm that the submittal is complete. rncomplcte
submittals shall be returned to the CONSULTANT. All engineering documents must be
signed and sealed by a Professional Engineer registered in the State of Florida.
3.1.1 Invoicing from the CONSULTANT and payment by the CITY shall be directly
correlated to submittal progress.
3.1.2 . The CrTY in no way obligates itself to check the CONSULTANT's work and further is
not responsible for maintaining project schedules.
3.1.3 The actual acceptance by the CITY of any submittal, or the final acceptancc by the CITY
of the MANAGEMENT PLAN documents and reports provided for in this Agreement,
shall neither constitute nor imply any review or approval by the CITY of the services
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performed by the CONSULTANT under the provisions of this Agreement, but shall
indicatc only the CITY's acceptance of the CONSULT ANT's affirmation of compliancc
with the provisions and intcnt of this Agreement.
3.1.4 By executing this Agreement the CONSULTANT accepts the responsibility and
obligation to corrcct, to the satisfaction of the CITY Engincer and Director of
Environmental Management, and at no additional cost to the CITY, any and all
deficiencies in the preparation of the reports for this MANAGEMENT PLAN resulting
from errors or omissions at such time and whenever the deficiencies may become known.
Final acceptancc by the CITY of the MANAGEMENT PLAN reports and contract
documents provided for in this Agrcement shall not relieve the CONSULTANT of
compliance with the intent of this Agrcement to provide the CITY with documents that
are complete in every respect.
3.2 SUBMITI AL REQUrREMENTS (MANAGEMENT PLAN)
Prior to the pre-commencement meeting, the CONSUL T ANT shuH prepare a submittal schedule for
the MANAGEMENT PLAN for review und approval by the CITY and PROJECT
REPRESENTATIVES.
3.2.1 MANAGEMENT PLAN (Preliminary Report) ~ The Preliminary Report shall
summarize the data gathered and existing watershed conditions; then tabulate potential
solutions to problems in the watershed, concepts for future development of the
watershed, best management practices for all categor~es of management, wildlife habitat
improvement, invasive species removal and establishment of floodplains and upland
buffers. The CONSULTANT shall utilize data provided by ongoing studies by Pinellas
County and Cities. The CONSULT ANT shall develop recommendations for levels of
service, or targets for reduction of pollutant loadings within given time frames. CITY and
PROJECT REPRESENTATIVES will review the Preliminary Report and return \mtten
comments to the CONSULT ANT within 30 days, at which time the CONSULTANT
shall continue preparing the Draft final Report in accordance with Section 2.6.3.
3.2.2 MANAGEMENT PLAN (Draft Final Report) ~ The consultant shall refine the
evaluation matrices described in Section 2.5 and develop computer models. The Draft
Report shall include, water surface profiles and aerial extent of existing flooding and of
design storms, recommendations for specific projects (structure sizes and channel cross"
sections), schedules for implementation, priority listing for proposed construction. and
performance criteria. PROJECT REPRESENTATIVES will review the Draft Final
Report and return written comments to the CONSULTANT within 30 days. The
. CONSULTANT shall refine the recommended Program of Draft Final Report with input
from the PROJECT REPRESENTATIVES and permitting and review agencies to
develop a selected Program for tl~e Final Report, or MANAGEMENT PLAN.
3.2.3 MANAGEMENT PLAN (Final Report) - The Final Report is the culmination of all data
gathering, Program selection and planning efforts for the Comprehensive Watershed
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. Management Plnn. It combines the elements ofthe Preliminary and Draft Final Report
into a comprehensive Program for the watershed.
3.2.4 The CONSULTANT shaH deliver fifteen (15) copics of the Preliminary Reportt Draft
final Report, and Final Report to the CITY.
SECTION 4
IMPLEMENTATION
The Implementation Phase of the project, if a determination is made to proceedt will include
the final design and pennitting ofthe top three prioritized PROJECTS recommended in the
MANAGEMENT PLAN. Compensation to the CONSULTANT for these ADDITIONAL
SERVICES may be negotiated as an amendment to this Agreement in accordance with
Section 7.0.
SECTION 5
SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following for the CONSULTANT's use and guidance:
5.1 Copies of all existing drainage studies and plans, computer information, existing maps,
existing aerial photographs, as built construction plans and other available infonl1ation and
data pertinent to the WATERSHED PLAN which the CITY and PROJECT
REPRESENTATIVES may have in their possession.
5.2 Copies of CITY and other PROJECT REPRESENTATIVE Comprehensive Plans
5.3 Make available existing development/site plans pertinent to the WATERSHED PLAN on
record with the CITY.
5.4 Copies of PineUas County, Clearwater and Safety Harbor Stormwater Atlas Maps and/or
Stormwater Management Plans..
5.5 Reproducible of any standard drawings applicable to the MANAGEMENT PLAN.
5.6 Water quality data generated by the CITY and Pinellas County including USGS datu to be
used for calibration and verification.
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6.1
6.2
6.3
7.1
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SECTION 6
PROGRESS REPORTS
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Subsequent t.o receipt of the "NOTICE TO PROCEED,tI and'prior to submittal of the first
invoice for fees carned, the CONSULTANT shall submit for the CITY's approval a schedule
showing the completion dates for the various work items and milestones comprising the total
work effort estimated to be required for the completion of the BASIC SERVICES provided
for in this Agreement under Section 2, the weight of each work item in proportion to the total
work effort, and the portion of the total BASIC FEE assigned to each work item.
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The CONSULTANT shall submit to the CrTY, no later than the tenth day of each month,
a progress report reflecting the PROJECT status, in terms of the total work effort estimated
to be required for the completion of the BASIC SERVICES, as of the last day of the
preceding month. The report shall show all work items, the percentage complete of each
item, the percentage of total work effort represented by each itcm, and the percentage of total
work effort completed.
All progress reports and invoices shall be mailed to the attention of the CrTY's Project
Manager, Environmental Management, City of Clearwater, P.O. Box 4748, Clearwater,
Florida 34618. .
SECTION 7
COMPENSATION TO THE CONSULTANT
The CONSULTANT shall be compensated for all scrvices rendered under this Agreement
in accordance with the provisions of Schedulc 2.
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7.2 Services described and provided for under Section 2.0 will constitute the BASIC SERVICES
provided for in this Agreement. For the BASIC SERVICES provided for in this Agreement,
the CrTY agrees to pay the CONSULTANT fee of $496,964 which amount shall constitute
the total BASrC FEE. The BASIC FEE shall be the total and complete amount payable to
the consultant for the performance of the BASrC SERVICES, and shall include the cost of
all materials, equipment, supplies and out-of-pocket expenses incurred in the performance
of the BASIC SERVICES.
In \he 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.
7.3 Contingency Services - When authorized in writing by the CITY, the CONSULTANT shall
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furnish serviccs such as revisions to schcmatic plans, additional surveying, and water quality
monitoring that may result from the desires of affccted property owners, or utility owners,
or from othcr unforescen circumstance resulting in minor changes in the MANAGEMENT
PLAN scope. Contingency serviccs could also include, but not be limited to,
cnvironmcntal/contamination assessments and various survey services as required.
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The CITY agrees to pay the CONSULTANT, a negotiatcd fee based on the work to be
performed under cOlltingency services, up to an amount not to exceed ten percent of the
BASIC FEE..
7.4
Additional Services ~ When approved as an amendment to this Agreement, and authorized
in writing by the CITY, the CONSULTANT shall provide such additional services as may
become necessary because of changes in the services delineated in Section 2.
Additional services may also include but are not limited to the followir.n:
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The preparation of design and construction plans, permit applications, and specifications
for the top three prioritized PROJECT(s) as delineated in the Planning Phase of the
MANAGEMENT PLAN.
An expanded analysis and reports/plans needed as a result of project investigations.
Provide as~built drawings/record drawings of the PROJECT(s).
The CITY agrees to pay the CONSULTANT a negotiated total fee based on the work to be
performed under additional services.
SECTION 8
SCHEDULE OF PAYMENTS
The CITY shall make monthly payments to the CONSULTANT in accordance with the
. following terms:
8.1 The CONSULTANT shall submit, with each of the monthly progress reports provided for
under Section 6.2, three (3) copies of an invoicc for fees for work accomplished. The
invoiced fee earned, expressed as a percentage of the total BASIC FEE, shall correspond to
the perccntage of the total BASIC SERVICES work effort completed as reflected by the
progress report.
8.2 For the work effort pcrformed toward"the MANAGEMENT PLAN described in Section 2,
the total amount invoiced for fees earned shall not exceed seventy percent (70%) of the total
BASIC FEE until the Preliminary Report submittal has been received and approved by the
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PROJECT REPRESENTATIVES and shall not exceed cighty pcrccnt (80%) of the total
BASIC FEE until the Dratl Report submittal has bcen rcceived und approved by the
PROJECT REPRESENTATIVES and shaU not equal or excecd nincty perccnt (90%) of the
total BASIC FEE until the WATERSHED PLAN (Final Report) has been reccived and
acceptcd in writing by the PROJECT REPRESENT A rIVES. The remaining ten percent
(l0%) is due to the CONSULTANT upon approval by the PROJECT REPRESENTATIVES
of the Final Rcport.
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8.3 Invoiccs not properly prepared (mathematical errors, billing not reflecting actual work done,
no signature, etc.) shall be rcturncd to the CONSULTANT for correction.
SECTION 9
PERIOD OF SERVICE
9.1 The CONSULTANT will begin work promptly after receipt ofa fully executed copy of this
Agreement; such rcceipt shall constitute written notice to proceed.
9.2 rf the CONSULTANT's design services called for under this Agreement are delayed for
reasons beyond the CONSULTANT's control, the time of performance shall be adjusted
appropriately. If the design services under this agreement continue for a period of more than
two (2) years from the beginning date (as above provided), the fees contained in Schedule
2 shall be subject to renegotiation; any change in such fees shall apply only to the unfinished
services as of the effective date of such change.
SECTION 10
INSURANCE REQUIREMENTS
10.1 Workers Compensation and Employers Liability - The CONSULTANT shall procure and
maintain, for the life of this Agreement. Workers Compensation Insurance covering all
employees with limits meeting all applicable State and Federal laws. This coverage shall
include Employers Liability with limits meeting all applicable State and Federal laws.
10.2 General Liability - The CONSULTANT shall procure and maintain, for the life of this
Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability. Coverage shall be no more restrictive than
the latest edition of the Commercial General Liability Policics of thc Insurance Services
Office.
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10.2.1 This policy shall provide coverage for death, bodily injury, personal injury or property
damage that could arise directly or indirectly from the performance of this Agreement.
10.2.2 The minimum limits of coverage shall be $500,000 P~r Occurrence Combined Single
Limit for Bodily Injury Liability and Property Damage Liability.
10.2.3 The CrTY shall be included and identified as an Additional rnsured under the
policy/certificate of insurance.
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10.3 Business Automobile Liability ~ The CONSULTANT shall procure and maintain, for the
life of the Agreement, Business Automobile Liability rnsurance.
The minimum limits of coverage shall be a $300,000 Per Occurrence, Combined Single
Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" type policy. Coverage shaU be no more restrictive that the latest edition of the
Business Automobiles Policies of the rnsurance Services Office.
10.4 Indemnity - The CONSULTANT shall defend, indemnifY, save and hold the CITY harmless
from any and aU claims, suits, judgments and liability for death, personal injury, bodily
injury or property damage arising directly or indirectly from the perfonnance of this
Agreement by its employees, subcontractors or assigns, including legal fees, court costs, or
other legal expenses. The CONSULTANT acknowledges that it is solely responsible for
complying with thc terms of the Agreement.
10.5 Professional Liability ~ The CONSULTANT shall furnish proof of Professional Liability
(Errors & Omissions) coverage on an occurrence or claims~madc fonn with a retro~activc
date inception of contract with CITY or earlier. The minimum limits of coverage shall bc
$500,000 per occurrence, with deductiblc or self-insured rctention (S.r.R.) indicated.
1 0.6 SUPPLEMENTAL PROVISIONS
10.6.1 The insurance coverage's and conditions afforded by this policy shall not be suspendcd,
voided, canceled or modified except after thirty (30) days prior written notice by certified
mail return receipt requested has been given to both the CITY Engineer and the Risk
Managcment Office of the CrTY.
10.6.2 Certificates of Insurance meeting the specific required insurance provisions 8pecified
within this Agreement shall be forwarded to both the CITY Engineer and Risk
Management Offices of the CiTY and approved prior to the start of any work. After
review, the Certificate will be filed with the CITY Clerk as part of the official contract
file.
10.6.3 Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other similar
document, does not constitute acceptance or approval of amounts or types of coverage
which may be less than required by this Agreement.
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10.6.4 Thc CITY may at its option require a copy of the CONSULTANTs Insurance Policies.
10.6.5 All insurance policies rcquircd with this Agrccmcnt shall providc full coverage from the
first dollar of exposure unless otherwise stipulated. No deductibles will be accepted
without prior approval from the CITY.
10.7 SAFETY AND HEALTH REQUIREMENTS
10.7.1 It is the CONSULTANTs sole duty to provide safe and healthful working conditions to
its employees and those of the CITY on and about the site of Agreement perfonnance.
'The CITY assumes no duty for supervision of the CONSULTANT.
10.7.2 The CITY may order that the work stop if a condition of immediate danger to CITY
employees, equipment or property damage. exists. This provision shall not shift
responsibility or risk ofloss for injuries or damage sustained from the CONSULTANT
to the CITY, and the CONSULTANT shall remain solely responsible for compliance
with all safety requirements and for the safety of all persons and property at the site of
CONSULTANT performance.
10.7.3 The CONSULTANT shall comply with the standards and regulations set forth by the
Occupational Safety and Health Administration (OSHA), the Florida Department of
Labor and Employment Security and all other appropriate Federal, State, and local
regulations or CITY safety and health standards.
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SECTION 11
REQUIRED STATEMENTS
The submission of sworn statements under Section 287. I 33(3)(A) Florida Statues on Public
Entity Crimes and a Drug Free Workplace in accordance with Section 287.087 are required
prior to the execution of this Agreement.
SECTION 12
TERMINATION
This Agreement may be tcnninated by either party by seven (7) days prior written notice, in
the event of substantiul failure to perform in accordance with the tcmlS hereof by the other
party through no fault of the tcrminating party. If the Agreement is tenninated, the
CONSULTANT shall be paid in accordance with the provisions of Schedule 2 for all work
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performed up to the date of termination.
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SECTION 13
SUSPENSION, CANCELLATION OR ABANDONMENT
In the event the project described within this Agreement, or the services of the
CONSULTANT called for under this Agreement, is/are suspended, canceled or abandoned
by the CITY, the CONSULTANT shall be given thirty (30) days prior written notice of such
action and shall be compensated for the professional services provided and/or related fees .
for which there is an irreversible obligation up to the date of suspension, cancellation or
abandonment. . .
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SECTION 14
\' EXTENT OF AGREEMENT
This Agreement represents, together with all Exhibits, the entire Agreement between the
CITY and the CONSULTANT and may be amended only by written instrument signed by
both the CITY and the CONSULT ANT.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the tenus and conditions above stated on the day and year first written.
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Countersigned:
CITY OF CLEAR WATER, FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Elizabeth Deptula
, City Manager
Approved as to form and
legal sufficiency
Attest:
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By:
Paul Richard Hull,
Assistant City Attomey
Cynthia E. Goudeau
City Clerk
By:
Attest:
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SCHEDULE 1
KEY PROJECT PERSONNEL
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NAME
ORGANIzATION POSITION
.:
Mike Sweet Parsons E.S.
Walid Hatoum Parsons E.S.
Joseph Reichenberger Parsons E.S.
Moris Cabezas Parsons E.S.
Julia Schulten Parsons E.S.
Garry Payne cel
James Martin AScI
Timothy Wool AScI
David Wimmers G.F.Y.
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Vice President
Project Manager II
Senior Engineer
Senior Engineer
Supervisor Scientist
Supervisor Scientist
Senior Engineer
Senior Scientist
Prof. Land Survey
PROJECT
RESPONSmn..ITY
Principle-inMCharge
Project Manager
Technical Director
Computer Modeling
Ecology
Water & Sediment .
Computer Modeling
Computer modeling
Survey
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ALLIGATOR CREEK JOB CLASSIFICATIONS & RATES
SCHEDULE 2
ESTIMATES FOR DIRECT PAYROLL COST (EXCLUDING
OVERHEAD, FRINGE BeNEFITS AND OPERATING MARGIN)
Job ClaaalrlC:ltlon P;tv Rale SlHR
G~de MInimum 1\tp1c:l1 Mulmllm
Vlca pruldenl EXE $ 43.00 $ ro.50 $ 58.00
Project Mar.ager II E11 S 29.S4 $ 37.404 $ 44 .M
SuperVisor Selenu.t E10 S 27.304 $ 34.15 $ 040.96
Senior ProJ. Engl~ f09 $ 2".29 S 3O.3!i $ 36..41
Dealgner E09 $ 24.29 S 30.35 $ &U1
Sento( Engl~ EOS S 21,-41 $ 26.n $ 32.13
ProJect Engineer Eea S 21.41 $ 26.n $ 32.13
Engineer EOO S 16.91 $ 21.11 $ 25.33
Senior SclenU5t E06 S 16.91 $ 21.11 $ 25.33
Au.oel:ile Eog[neer E05 $ 1~.71 $ 18.46 $ 22.21
Selentl~t fOot $ 13.15 S 16.~ $ 19.73
As.soclale SclenU" E02 $ 10.62 $ 13,21 $ 15,92
SenIor Draner H10 $ 12.00 $ 15.00 $ 18,00
CADO Oper;ator NOS $ 10.15 $ 12,69 $ 15.23
Oraner NOS $ 10.15 $ 12,69 $ 15.23
Admin JClerlcal NOO $ 8.54 $ 10.67 S 1'2..81
Assocl;te Draner N04 $ 6,92 S 8.65 $ 10,38
The 8$Umaled hourty rales dwwn below represent Pan.on. ES 1995 co~t. ;nd categories.
Periodic cn-ngH are anUclp.;led and modillcaUonI can ~ made annually upon CITY review.
PROJECT COST PER TASK
TASK $PER % OF
TASK TOTAL
2.1 PROJECT MANAGEMENT & COORDINATION $10977 2
2.2 INFORMATION COLLEcTION & MANAGEMENT S4'2. 917 9
2.3 FIELDWORK& DATA ANALYSIS $152242 31
2.4 WATERSHED MOOELING (COMPUTER MODELING) $116.263 23
a. DEVELOPMENT OF PREPROCESSOR FOR SWFWMD $25 668 5
2.5 rCENTlFlCAll0N OF PROBLEMS & PROP. SOLU110NS $52.000 11
2.6 EVALUATION OF PROpOSED SOLUTIONS $54 420 11
2.7 PERMITS $9 600 2
2.8 PRESENTAll0NS. PUBLIC MTG'S. & TECK LIAISON $31,757 6
TOTAL $496,9&4 100
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SUBJECT: 1995 MISCELLANEOUS CONSTRUCTION PROJECTS (95-18)
It~m If l
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HCP,tlng DDto !
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CLEARWATER CITY COMMISSION 3 q
Agenda Cover Memorandum (
RECOMMENDATION/MOTION: Award a contract for the 1995 MISCELLANEOUS CONSTRUCTION
PROJECTS (95-18) ~o KEYSTONE EXCAVATORS, INC. of OLDSMAR, FLORIDA for the sum of
$393,400.00 which is the lowest responsible bid received in accordance with the
plans and specifications,
au and that the appropriate officials be authorized to execute same.
BACKGROUND: This agenda item provides for the approval of seven small
construction projects located throughout the city of Clearwater. The seven
projects were designed by Engineering Services and are briefly described as
follows:
1) Chestnut and Prospect Storm Water Treatment Pond - provides for the
construction of an enlarged storm water retention and treatment
facility at the southeast corner of Court street and Prospect AVe.
The facility will provide a significant portion of the required storm
water treatment for the Municipal Services and Public Safety Buildings
currently under construction. The pond will be a dry pond between
rainfall events.
2) Northeast Treatment Plant, Underdrain Repair - Provides for extension
of underdrain in existing storm water treatment ponds at the Residuals
Handling Facility and repair of a portion of the underdrain system
damaged by previous acid spill.
3) Alligator Creek Water Main crossing - provides for construction of
erosion control and structural support for the City's 12" water main
which makes an aerial crossing of Alligator Creek adjacent to the Ford
Dealership on North U.S. Hwy. 19.
4) Jupiter Avenue storm Replacement - Replaces a portion of existing 18"
deteriorated corrugated metal storm sewer on Jupiter Ave. just north
of Drew street.
continued:
I
I Originating Ot'pt. I
I Legol NIA I I
II Engin~crln9 ocpn~t~ent J
Budg~t e
I Pu"has'n, ~ I D,,, .""t. '1
I Risk Hgmt. NIA I I
I Advertised: I
II IS NIA I I
IODte: 06/15/95.& 06/23/95 I
I ACH
] IIP{lp~r:s/. Petersburg Timesl,
J ENG.
I J Not r~quir~d I
I PAI'lKS "'-1 I
I ~ATER ~~ 'i\'~\ Aff~ct~d pilrti~s I,
not i fi~d
I Submitt~d by: . I :
I City HDniJge?~-! Not required !
Costs: $393.400.00
(Current FY)
Coumission Action
Reviewed by:
I
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! Attachments:
I
! Dudget breakdown
I
I aid tabulDtion dnd sl.JlIllory
I
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t
Approv~d
Funding Sourc~:
Approved
w/condltions
Copt, Imp. )(
Operating
Other
D~nled
Cont1d to
Appropriation Code(s)
See aU ached.
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'Page 2 continued:
Agenda Item - 1995 Miscellaneous Construction projects (95-18)
5) Sadlon Water Main Extension - Provides for interconnection of existing
dead end water main service from the south end of Sadlon Ave. to South
Ft. Harrison Ave. The interconnection will improve potable water
quality to residents on Sadlon AVe.
6) Forest Run Park, stream Erosion Control - Provides for erosion control
.in existing stream bed in the westerly portion of Forest Run Park.
Project will stop continued erosion of approximately 10 foot deep
creek bed and save existing forested area.
7) Clearwater Beach, South street End Modifications Provides for
pedestrian access improvements and restoration to the beach street
ends of Kendall, Avalon, Heilwood, Glendale, Idlewild and Somerset
streets. General improvements consist of new sand fencing, traffic
delineaters, and sidewalk replacement.
The available balances in the following codes (see attachment) are sufficient for
these capital improvement projects.
This project will start on or about August 21, 1995 and is scheduled to be
completed within 180 calendar days.
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1995 Miscellaneous Construction Projects
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hll American Concrete, Inc.
3000 46th AvenUe North
st. Petersburg, FL. 33714
CRR leo Co n~ I. rur.1. lon, J lie.
900 \ 1261.h ^Vclm~ Not'l.h
I.n rgo, FI.. J J{i.l ;1
The CO'H' CorporA \.\ Oil
P.O. 00,'< 310167
Tnmpn, FlorIdn 33680
1)1\ 11118 I CollU L. " Ot'v., IIII'.
P.O. Box 290068
T~mp' t' Tn "l'nr.f> I Fl.. J :Hifl7
G I i he r t. SoU Lito rll Co rl'o 1'1\ U on
510 PIIl7-/l Or., 51111.1;' 214!'i
CoLl('J;~ Pork; {lr.n,'~ln 30J.Jt1
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Kl mm I n9 Conlroct.l ng Co 1'1' .
J 50 I 2ml Avenue
Tnmpn, Fl.. 33005
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Oavid Nl'I~OI1 COllsl....ll::l.Inl1 Co.
:H 83 A Ilt"'Ilf1 t,r. I!I
Pnlm 1II\I'hor, I~I.. J46fl:1
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PI' 1 nee c..'onLr'nt.' I. i lIlt Cu., 'lie:.
5111 WillIg llnllrl
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\1.\\ Nor-I.h \{PI'I\f' Homl
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I'n 11I1f' 1.1 (i. F t. :'112 ~:n, I 1.\ ~I
(95-18) Bids Solicited - 20
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Lindy nowen Construction Co.
<1783 37th Street, North
st. Petersburg, Florida
3371<1
COile COIH~LrllcLors, Inc.
1'.0. "0.'< 22869
"nrnpn I rol,. 33G22-2R6!1
T.^. Cummings ConsLrucLJol1 Corp.
22~ WesLgnLc Rond
Tnrpon springs, Floridn 34089
flowJ'"~ ConsL. Co., Inc.
13776 46th SLr~~t, NorLh
Clnnrwnl.rr, Florldn 34622
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I<cnl'n~y !lev. Co., I no.
81121 ~lllrl.ln LlIl.hor' lUng BJvd.; ~.
,'nmpn, FI,. 336J 0
KCYHLon~ Rxcnvfil.ors, tnc.
150 Durhl1nk Rond
Olrfllmllr, Florid" 34fl71
~ITU ContracLors I I no.
1'.0. Box 40fi93
fit. Pc Lcrsburg . FI" >33701:1
OvornLrccL Pnving Compnny
13UO Donrgnn Rond
Lo I'!.~o, FI,. 3464 1
pf'nlrlc ConsLrucl-lon Co., Inc,
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Fax Transmittal Memo 1672 If?.oI~1 ~.~--'-'-:t;.;-~:' -"--'
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CITY OF CLEARWATER.
Intqrdapartmonl CorrospondancQ Sheot
TO:
Elizabeth M. Doptula, City Manager
Richard J. 8aler, City EngIneer j~ .
Kathy S. Rice. DeputY City M!nh;r
William C. Stlker, AssIstant CItY Menager
FROM:
COPIES:
SUBJECT:
Genertll Ouestions Regarding MiscellllMous Consvuction Projects
(Item for 8{3(95)
July 21, 1995
DATE:
Par our Agenda Mll8tlng. I offer the subsequent:
1. The reference to the Ford dealership is. indeed. Ken Marks Ford and the creek Is a
forkod branch of Alligator Creek
2. Th' "Street End" construction Wit! bid out lost yeer and bids were solicited. The
City did not receive any responsible bid on the project. In addition. the Jupiter
Avenue s\ormweter was not bid out seporbtely. but I considered doing so earlier
this year. I beHave that due to the large number of utlUty conflicts on this
rnldentlal street end. ond thll number of dr\\llIwGVS to be tnterrupted. thl.\\ it woutd
be difficult to ettuin e responsible bid at a reasonuble price due to the above ftlctors
and the small size of this job if done independent of the other projects.
It you need further information. please contact me at ext. 6042.
RJ8111
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'~ty
/) CITY OF CLEARWATER
~ !V\ 0-- . Interdepartmental Correspondence Sheet 11 n
Deptula, city Manager ~~
Art Kader, Assistant Director
Parks and Rec~e 0
RECElVED
..JUL 1 7 199:.1
Ream Wilson
causeway commuter Classic
July 13, 1995
CHY MANAGER
Westshore Alliance, Inc. recently submitted an
application for the third annual "Causeway commuter
Classic" to be held on Sunday, November 12, 1995 on 'the
courtney campbell Causeway from Tampa to Clearwater.
Attached is a request for temporary closing of state Road
60 which will be necessary for them to hold their event.
In order to get a permit from the D.O.T. they will need
to show that they have permission from the City
commission for the closure of the road. This being the
case, I would appreciate your discussing this request
with the city commission at your earliest convenience.
Please contact me if you have any questions.
AI{: pv
Attachment
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Corporate Oaks
5445 West Cypress Street
SuIte 101
Tampa, Florida 33607
(813) 289-5488
FAX (813) 289-6727
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~midt
City of Clearwater
Parks & Rcereation Dcpartment
P.O. Box 4748
Cleammer, FI 34618
JUl. II .1995
p AI:~':S AHO
F.'i:CRr: ,', TDl-l
Re: Request for Special Event and TCl1lponu)' Road Closing
XUM
Dear ~
(
Auached arc the forms required to be completed by lhe CHy of Cleanvatcr concerning the Causeway Commuter
Classic e\'clll scheduled for Sunday, November 12, 1995. I hare completed thc City of Clcanmler's Special Event
appliclllion and lUll submiuing the FDOT Temporary Closing Rcqucst form for the City to executc. Also included
in this package Me lWO SCIS of plans for thc c\'cnt.
1.
. If you should havc any questions or concerns regarding thesc forms. pleasc cilllmc at 2H9-54H8.
Thank you for your considemtion ill this maHer.
I.
.lllachments
BOARD OF DIRECTORS
AM AlJIo Club 5oJ1l1 Austln Comp;lllles Carlton. fleld~, Ward. Emmanuel, Smith 110 Cutler. P.A Centle Club Chase B.tnkcard CIwe Home Mortgage CD Commel'tlaJ COlonial PeM Concorde ComPlllles
crltikon Cushman & Waklneld Equity Ofllce Properties FaJ50Il (l(osve/lO( International Grubb 110 Ellis Hillsbof~1l Coolmunlly College HllIsbofougll County Avlallon AuthorItV Internallonal Dental PW\I
lIl\l1naw..15I1Ilnl Hmlqu3rten Jim WIl\er Corp. Johnson 1. Higgllll MetUle. Ins, Dlv. MetUle RIE Dlv. Mithael B.tker Jr.. Inc. Offlc. DIIpOI Opus SouthIHomIJI1dal1 Proportlll Odonl Propertln Pllagan
Gloup Prlca Waterhouse Radiant 011 5aIUeMae ~borougll Construtlors SunBank Tampa freel/It company Towermart USM Really Waller Induslrles Williams, Reed, W.lnsleln, Sdllnno 110 MangIOll.. P.A
Th. WIl$Oll Company
fJ:.otrltlo Ke/ll1elh E. GIllVes. Esq. 01 Carrion, Relds, Ward, Emmanuel, Smith & CuUer, P)" '!arold l!addotk Ron Rotella, EtecutlVe Director
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SUY[ 0' HOIUDA Orl'ARfIolUH or TI'IAH~PDRUtIOH
REQUEST FOR TEMPORARV CLOSING/SPECIAL USE OF STATE ROAD
rORM UO.O.O.U
MAtHT . Ol,U
PAGE I or 2
tNSTnUCTIONS OBlAIN SI(iN~TUHE5 or LOCAL LM'.' [NrOI1Cf~ENT AND CITY'COUNTY on ICIAU~ PAtOH TO SUllMIT1ING TO DEPARTME.NT 0.'
TRANSPORT ATlON ^ TT ACH ANy NfCESSAFW MAPS Of1 SUPPORTING DOCUMENT!;
NA!,IE ('II 01-\0A'II,>\1IQ'" Pl~~Q~ iN CHAnGl n"ll
Westshbrr. Alliancp., Inc. Bonnir. L. BfJer 6/27/95
A['lORl SS (ll ORti""-lllA 110', T! t(Pl1lH.l Nu~mf fl
51 00 \1. Lemon Street. Suite 305. Tampa. Fl 33609 . 289-54AA
Tltl!: 01 flitNT
Causeway Commuter Classic
Oll.TE 01 E\ll:tH I 51M1l1tmll'l.lr 01 [',It'n I DUf\ATI~1r. 0' [lIlNT (APPI1()~ I J AGTlJ!\L CLOSI"l(lllM[ tINCU/t)ING snTl"Q IJP flllRJlIfns. nc I
11-12-95 7:30 am 5 hours 2:30 am to 11 :30 am 9 hours
PROPOSED ROUTE (INCLUDE StAlE HOAlI NLlMElER, SPECIf IC LOC'" TION, ErC -iNCLUDE MAPS'
1he event will take place on SR 60, Courtney Campbell Cfluseway utilizing the two westbound
lanes from Tampa to Clearwater. The event wi 11 consist of a 5k hilOokcaPDcn, 5k & 10k run
~nd a 20/ao mile bike ride. All event wilfstart on the HillsborouQh side of the Causeway
tut the 20/40 mile bike riQp' will span the Causeway over to t~e Clearwater siop. and turn aro!
in the FOOT construction office site.
DETOUR ROUTE jlNCLUDE AL TERNAT[ ROUteS -INCLUDE: MAPSI
There is no planned detour route and the event wi 11 be held rain or shine.
,
NAME OF DIiPT.IlESPONSIElLE FOR TnAFFIC CONTROL. EtC [CITY POLice, SHEIlIFr's aePT ,fLOlllOA HWV PATIiOL. nc I H'lCLUDIi PRECINCT NO.1
City of Tamna Police Department ~ Sargeant Jamp.s Preston
City of Clearwater Police Department ~ Lieutenant Sibert
SPECIAL CONDITIONS.
The event route will be appropriately coned and bi'lrricaded for the event participants a
traffic crossing the Causewayon the eastbound lanes from Clearwater to Tampa. All disp
booths, entertainment and refresments will be on private property or North Rocky Point
Drive (city of Tmapa jurisdiction); None of this wi 11 be located on state right-of-way.
THIS SECTION IS TO ElE COMPLETED WHEN PERMITTING SPECIAL USE or A STAT E ROAD FOil FILMING.
tJ/A
LICENSED PYROTECHNICS OPEI1.... lOR L1CI'.NSI'. NO
APPROVAL OF LOCAL FIRE DEPARTMENT
LIABILITY INSURANCE CARRIER POLICY EFFECTIVE DATE _
COVERAGE AMOUNT Ul,OOO.OOO MJNIMUMI
LEr~GTH OF COIiERAGE DAYS
FEDERAL AVIATION ",DMINISTR"TION 1o.ppnOV1o.\. fOR lOW FL'tING FILMING
"DOITIONAL LIABILITY INSUR1o.NCE AMOUNT 155.000 000 MINII.'U~'1
TYPED NAME AND TIlLE (INCLUDE OADGE NO IF ApPROPIllATE) SIGNATUflE Of CHIEf Of LAW ENfOACF.MENl AGENCY OM E SIG'~CO
TYPED NAMf Arm TlTl[ or CITV/COUNTV O~nClo'lL SIGNt-TunE or CITV'COlJrH~' orrlClf,L OAT( SIGNCO
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d
flY ~
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AUTHORITIES CHAPTEf~ 14-65. FLORIDA AOMlNlS1RAllVE CODE', RULES OF THE DE.PARTMENT OF inMISrornATION - TEMPORARY
CL05lNG AND SPECIAL use or: STATE ROADS. SECTIONS 337 406(1), 4913.06 AND 31G.00B, FLORIOA STATUTES.
621.537
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fOil'" '50.0CO.M
MI,I'n .0Ut)
PloOf 7 Of 2
The Permittee, shall Indemnity, defend, and hold harmtesn the Department and all at Its otticers, agents and employees
horn any claim, loss, damage, cost, charge ot expense arising out 01 any acts, actions, neglect or omission by
the Permittee, I\s agents, employees, or subcontractors during 'he perlormance 01 the Contract, whether direct or
indirecl, and whether to any person or property to which the Department or said parties may be subject, except
that neither the Permittee nor any 01 its subcontractors wlll be liable under this Article lor damages arising out
of the injury or damage fa persons or property directly caused or resulting Irom the SOLE negligence of the Department
or any 01 Its oHicers, agents or employees.
Contractor's obligation to indemnity, delend, and pay tor the defense or at the Department's option, to participate
and associate with the Departmenl in the defense and trial of any damage claim or .sull and any related Gettlement
negotiations, shall be triggered by the Department's notice of claim for indemnification to Contractor. Contractor's
Inability to evaluate liabflity or Its evaluatron of liability shall not excuse Contractor's duty to delend and Indemnity
within seven days after such notice by the Department is given by registered mall. Only an adjudication or judgment
after highest appeal is exhausted specllically Hndlng the Department SOLELY negligent shall excuse per10rmance
of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and Its enforcement
by the Department. Department's taiture to "oUly Contractor 01 a claim shall not release Contractor of the above
duly to defend.
It is understOOd and agreed that the rights and privileges herein set out are grnnted only to the extent of the
Stale's rI9h\. title and Interest in the land to be entered upon and used by the Permittee, and the Permittee
will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department
from and against any and all loss, damage. cost or expense arising in any manner 011 account of the exercise
or attempted exercises by said Permittee of the aforesnid rights and privileges.
During the event. all safety regulations of the Department shall be observed and the holder must take measures,
including placing and display 01 salety devices, thaI may be necessary in order to safely conduct the public
through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices (MUTCD).
as amended, and the Department's latest Roadway and Traffic Design standards.
In case of non-compliance with the Department's requirements in effect as of the approved date of this permit,
this permit is void and the facility will have to be brought into compliance or removed from the A/W at no
cost to the DE:partment.
Submitted by:
City of Clearwater
Permittee
Place Corporate Seal
City Manaoer
Signature and Title
Attested
Departmenl of Transportation Approval: This Acquest is Hereby Approved
Recommended for approval
Title
Date
Approved by: r
Date
District Secretary or Designee
DISTRIBUTION. Original - Permlltco
, 5t copy. District M,"lntl?nilIlCU Olllce
2nd copy' Local Mlllntcnllncc Engineer
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Cf\r~ 3 GREATER CLEARWATER i
CHAMBER OF COMMERCE t
120 N, OSCEOLA ,WE. P.O. DOX 245c7. ClIAAWAttA.. fl O~E'(J~ft6E'Bl t · FAX 813/449.2009 I
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Ann M. Wlllr.ln.
C~/l/u...BrxW
S~ben It. Fowler
CMintt.vt.S'"
Cha rial D. R1iP! ill
vc Eco",;",..cI
BwiAuID,~dopm6'"
Janice n. Caae
VC Gtml1llMlIIDl A[fainJ
E~otul/I D""lcprM'"
Greaorl Brodin
VCTo~
Daniel T. Pthnn
VCM,,,w,nllip
Judy Mltthtll
VC Public RdlO/ioll.rl
SlHclDl E~,1IU
John P. Conntll1
Tr,AJUT"
Phil M.lhndrnon
/lfIIfi,tdial, PUJiI C/tQinnotl
Jullw J. Zlth_u
L<<,..s Counsel
. PduWoodb.m
, Pnsj~lIl. CEO
D oard or D1rcdlll's
D.vid J. Abclsm
Danlc1 t.t AndNo
It D. AlmIllnng 111
Cl.des l!. Ow
AJ.n C. Donulcin
Ita y Doucl1anl
J.wi Drown
RDbc.rt ^, Uutwc11
Robert W. Oynl
51.I'YaI U. Chapman
Lan)' C""J'C'I'
kobcn N. "1'etc- er.wfllrd DDS
Sam A. D.m. II
Mil')' A. Devine
Edwud C. Droac
Guy S. 0..,.
Kcnndh G, Ihnilllm
Roy O. HurcJJ. Jr.
lWbo:rt n.lIcilnu.n. Jr.
William lIeUa
Guy Jumin
GonlonJohnsm
Albert N.1u.uce
I'ck.tW. Kmlrlgcr
" It McCwulu.1r.
ANllda Mi1l(llril
Frank V. Mutphy.1D
Julie fl, Nlch(lla
Kllhy Short IUbor1
Tatroadge Rulltldge
Daryl J. Seaton
Don 1.. ScalCf1
Rona.ld W. S~n
Cavid 1', Slme
It Cuhm Wud
Doullu1. Williama
TAMPA BAY
C/intf.:1&
1f%.-Rft.IV.'
July 18, 1995
JUL 2 0 1995
Ms. Betty Deptula
City Manager
City of Clearwater
P.o. Box 4748
Clearwater, FL 34618
CITY MANAGER
Dear Betty:
We are again organizing the Morton Plant Hospital Bayside
Bridge Boogie and want to thank the city of Clearwater for
its support in the past to make the event sUccessful.
This year, in order to complctotho permit process regarding
the closure of two access routes on and off state Road GO, we
need to forward to FOOT documentatIon that tho City
commission is aware of the event and approves of it.
We have been in contact with Lt. Wnyno Sibbort and Roam
Wilson regarding our avent and tho nocoosnry road closures
and will be going through tho cIty'D upoclnl ovont permitting
process as we have done the past two years. Tho FOOT
requires sealed city minutos fram tho commiooi.on approving
the road closures for saturday, October 14, 4 n.m. to 12
p.m. These are the maximum houro tho nCCOOD randD and
Bayside Bridge, from Drew st. to RooDovolt Dlvd., will be
closed.
Attached is a map showing the two nceooo roads. As in past
years we will accommodate rcsidentu along the roadways and
Clearwater police officers will bo hired for traffic control.
Would you please have this item reviewed and approved at the
next available commission mooting? I um available to speak
at the commission meeting if you fool it'a nccasury. If you
have any questions, please call mo at 4~J-J2Bl or Lynn Wargo'
at the Chamber, 461-0011, oxt. 224.
We appreciate your review of our request and ro~ponse at your
earliest opportunity so we may procood with our application.
Thank you.
sincerely,
!k&/tv--b
R. Carlton Ward
Chairman, Morton Plant Hoapital llayside Bridge Boogie
ReW/lrow
R~~CM}~I
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Clearwater City Commission
Agenda Cover Memorandum
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Item iI
Meeting Date:
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SUBJECT :
Sunsets at Pier 60
RECOMMENDATION/MOTION:
Extend City cosponsorship of Sunsets at pier 60 on an ongoing basis with
continued monitoring by city staff and continue waiving the parking fee for 20
spaces per evening; a $1 per day blanket occupational license, exhibition of a
banner near the Causeway Bridge when appropriate and exhibition of a flag or
banner in the pier 60 vicinity
[] and that the appropriate officials be authorized to execute some.
BACKGROUND:
Sunsets at Pier 60 began operation on 3/2/95 for a 60 day trial. At its
meeting of 4/16/95, the Commission extended the trial period to 9/4/95. This
activity has been successful and no problems/concerns have been reported.
Therefore, staff recommends approving the event as an ongoing activity with
continued monitoring by city staff.
Revi cwed by: Originating Ocpt: Costs: $ MIA commission Action:
Legal .N/A City Clerk Total 0 Approved
Budget NIA $ NIA. 0 Approved w/condltlons
Purchasing ~/A 0 Denied
Risk Hgmt. N/A - User Ocpt: Current Fiscal Yr.
CIS NIA 0 continued to:
ACH Flnding Source:
Other NIA 0 Capltel I~.
0 Operating Attachments:
Advcrti sed:
Dote: 0 Other
Poper:
0 Not Required
SWaattted ~ Affected Parties 0 None
0 Notified Appropr;otion Code:
Clty~er 0 Not Requi red
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City of Clearwater
In tc rdopa rtmc n tal Correspondenoo.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
Betty Deptula, City Manager
Ream Wilson, Director. Parks and Recreation Depart
Pht:~S
CLERK I ATTORNEY
As per your request. I contacted the various departments that have extended service to
"Sunsets at Pier 60" and estimated cost information is outlined below.
Sunsets at Pier 60 I Estimated Costs
July 31, 1995
Traffic En,pneering - Provides 20 parking spaces at a value of $100 per week (5
days). Between the period from March 1, 1995 through July 31. 1995. the value of these
parking spaces is estimated at $2,200.
Marine Department - Assistance has been provided within normal hours at no
additional cost.
Police Denartment - Other than for a few hours at the grand opening in March.
all police services have been satisfied by normal. routine patrols at no additional cost.
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Parks and Recreation Denartment - 'l'he "reviewing stand stageU has been
provided on three occasions at a total estimated cost of $480. Also. Recreation Division
employees have contributed sound tech and stage hand services on a variety of dates at
an estimated cost of $666.
In talking with the various departments, it appears that minimal city services have been
required to support "Sunsets at Pier 60". Basically, a value of about $3,346 has been
contributed of which $2,200 represents a waiver of fees for parking while $1.146
represents actual city services.
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Please contact me if you bave any questions or desire further information.
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FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00)
cash in hand paid to him , the receipt of which is hereby
acknowledged, and the benefits to be derived therefrom,
AR THUR H. MAXWELL
1566 SANDY LANE
CLEARWATER, FLORIDA 34615
does hereby gran'c and convey to the CITY OF CLEARWATER, FLORIDA an
easement over, under and across the following described land, lying
and being situate in the County of Pinellas, state of Florida, to
wit:
A 15 foot drainage and utility easement over the north 15
feet of the west 20 feet of Lot 1, Block F, Highland
Estates of Clearwater, 1st Addition.
This easement is for drainage and utility installation and
maintenance.
The C~TY OF CLEARWATER, FLORIDA, shall have the right to enter
.upon the above-described premises and to construct, install and
,maintain thereon any drainage and utility facilities and to inspect
and alter such drainage and utility facilities from time to time.
IN WITNESS WHEREOF, the party hereto has set his hand(s) and
seal 'this /0-1'1.. day of :::!w..llA , 1995.
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Signed, sealed and delivered
in the presence of:
G?o1-J ~. h1~
WITNESS
ROBc..,.er 7, 1f1'1.e4.A/
Witness' Printed signature
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Arthur H. Maxwell
1566 sandy Lane
Clearwater, FL 34615
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STATE OF FLORIDA
COUNTY OF PINEL LAS
The foregoing instrument was acknowledged before me
this 10th day of JULY I 1995 by Arthur H. Maxwell I who is
personally known' to me or who has produced Florida Driver's
License #M240-04S-S0-12S-0 as identification and who
( )did (X)did not. take an oath.
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Signature of person taking acknowledgment
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Type/print/stamp name of acknowledger
OFFICIAL NOTARY SEAj~
ALICE R EC!<MAN
NOTARY PUBLIC STATE OF FLORIDA
cm1MISSION NO. CC31341i
MY cm.rMlsSION EXP. ocr. 2.1997
Title or rank, and Serial No., if any
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PROPOSED DRAINAGE AND
UTILITY EASEMENT
ONE STORY
MASONARY
RESIDENCE
SANDY
t.:!Q!E..;,. T~IS IS ~OT A SL'RV::v
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LEGENO
PROPOSED EASEMENT
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Drown by: RMS
Sect. 2-29-15
Dote: 7/7/95.
Voc. No.: 94.-15
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
ARTHUR H. MAXWELL , who, being first duly sworn, depose and say:
1. That 'he is the owner of legal and equitable title
to the following described property in Rinellas County, Florida,
to-wit:
A lS foot drainage and utility easement over the north 15 feet of
the west 20 feet of Lot 1, Block F, Highland Estates of Clearwater,
1st Addition.
2. That said property is now in the possession of the record
owner.
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3. That there has been no labor performed or materials
furnished on said property for which there are ~npaid bills for
labor or materials against said property, except (if none inser~
"none"):
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4. That there are no liens or encumbrances of any nature
affecting the title of the property hereinabove described, except
(if none, insert "none"):
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5. .1'hat it is hereby \varranted that no notice has been
received for any public hearing regarding assessments for
improv~ments by any government, and it is hereby warranted that
there are no unpaid assessments against the above property for
improvements thereto by any government, whether or not said
assessments appear of record.
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6. That there is no outstanding sewer service charges or
assessments payable to any government.
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7. That the representations embraced herein are for the
purpose of inducing CITY OF CLEARWATER, its agents, successors and
assigns to rely thereon.
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Witness Printed Signature
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Arthur H. ~axwell
1566 Sandy Lane
Clearwater, Florida 34615
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Witness Printed Signature
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Sworn to and subscribed before me this -.J{) -rho day of
1995.
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Signature of person taklng acknowledgment
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Type/print/stamp name of acknowledger
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Title or rank, and Serial No., if any
OffICI,\!. NOTARY BEAL
AUCF. R EC:{~~fAN
NOTj\R't' 1'[)13[.JC STAT:: OF MIUDA
COM.\IJSSION NO. CC313-~1?u_ I
MY COMMISSION l.!:~P. CCT.~
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EXHI.BIT nAu
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PROPOSED DRAINAGE AND
UTILITY EASEMENT
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LEGEND
PROPOSED EASEMENT
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Drawn by. RMS
Sect 2-29-15
Dote: 7/7/95
Vac. No.: 94-15
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TfIlS INSTRUMENT PREPARED nY
AND AFTER RECORDING RETURN TO:
41
3'.3.<15
James V. Stewart. P.A.
Suite 203
200 First Avenue North
St. Petersburg, Florida 33701
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in
hand paid to R.K.M. Development Corp.. a Florida corporation, the receipt of which
is hereby acknowledged. and the benelits to be derived therefrom, R.K.M.
Development Corp. docs hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA. an casement over, under and across the following described land. lying and
being situate in the County of Pinellas, State of Florida, to-wit:
A Ten (10') foot water main e.1sementlying 5' c.1ch side of all water mains up to and
including all hydrants and meters. but excluding any water mains that may lie under
buildings or within five (5) feet of buildings, AND an ingress and egress easement for
refuse and garbage collections and City of CIc.1rwater service and utility vehicles. all
lying within the following described tracl:
See attached Exhibit A
The CITY OF CLEARWATER. PLORIDA. shall have the right to enter upon .r-
the above described premises and to construct, install and maintain thereon any water
facilities and to inspect and alter such water facilities from time to time.
IN WITNESS WHEREOF. the party hereto has caused these presents to be duly
executed bJ' its proper omcers thereunto authorized and its seal to be hereunto affixed.
lI1is 15--11 day of )J(I~I'\..~. . 19~~
Signed, sealed and delivered
in the presence of:
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Witness' Printed Signature
Richard K. Maloof, preside
secretary
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STATE OF FLORIDA
COUNTY OF PINELLAS
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The foregoing instrumcnt wns ncknowledgcd before me this ,,5' day of
9t...~. . . 199.5 by Richnrd K. Matoof, as prcsident nnd secretary of
R.K.M. Development Corp., n Florida corporation, on behalf of the corporation. He
is personalty known to me or-hn!rprodueed~ as-idenlification.and
did noltake an oath.
~.rr'~ USE J, OlSEN
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Type/print/stamp name of acknowledger
Tille or rank, nod Serial No., if any
(rckf: rkmsun.cas)
6/15195 10
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LEGAL OeseRIP TION:
A POnT/ON OF THE NORTHWEST 1/4 OF THE SOUTHWeST 1/4 OF SEe TION 6.
TOWNSHIP 29 SOUTH, RANGE /6 EASi. AND A PORTION OF LOT I. L riNG IN
THE" SOUTHEAST 1/4 OF SECTION I,. TOWNSHIP 29 SOUTJ.t, RANGE 15 EAST,
PINELLAS GRO liES SUBDIVISION, AS RFCORDE'[) IN PLA r BOOK 3. PAGE /5 OF
THE' PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THe SOUTH 338
FEET THEREOF AND ALSO THA T PORT/ON OF VACA TED PINELLAS GROVES
EASEMENT (RIGHT OF }fA Y) IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION I. TOWNSHIP 29 SOUTH, RANGE /5 EAST, LYING ADJACENT
THERETO ALL BEING FUR.THER DESCR/BED AS FOLLOWS:
COMMENCE A r THE: NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 6. THE SAME BEING THE NORTHEAST
CORNER Of" THE NORTHEAST 1/4 OF THE SOUTHeAST 1/4 OF SAID SECTION
I: THENCE RUN S.00'05'04. w., ALONG THE SECTION LINE 48.56 FEET FOR
A POINT OF BEGINNING,' THENCE AL ONG THE SOUTHERL Y frIGHT-OF- WA Y LINE
OF SUNSET POINT ROAD 174.78 FEET ALONG THE ARC OF A CURVE TO THE
LEFT. SAID CURVe HA VING A RAD/US OF 34,239.60 FEET AND A CHORD OF
/74.78 rEET WHICH BEARS $.89143'30" E.: THENCE S. 45'08 '3/" E..
28.28 FEET.. THENCE S.00'00'31'" E.. ALONG THE WESTERL Y RIGHT OF WA r
OF BELCHER ROAD, 106.24 FEET.' THENCE S.34'49'32. w.. ALONG SAID
RIGHT OF WA Y 89.58 FEET,' THENCE CONTINUE ALONG SAID WESTERL Y RIGHT
OF WA Y 5.32'54'45. W., 121.91 FEET: THENCE A DISTANCE OF /8.55 FEET
ALONG THE ARC OF A CURVE TO THE LEFT. SAID CURVE HA VING A RADIUS OF
635.00 FEET AND A CHORD OF 18.55 WHICH BEARS 5.32'53'37" w.,' THENCE
LEA VING SAID WESTERL Y RIGHT OF WA Y N.89154'S6. Jr., 83.14 FEET;
THeNCE N.OO'OS'04" E.. PARALLEL TO AND 15.00 FEET WEST OF THE EAST
BOUNDARY LINE ()F THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION I, A [)ISTANCE OF 45.80 FEET:.. THENCE N.89'OS'40" w.. 3/9.91
FEET; THENCE N.O'03'36" w... 271.89 FEFT TO THE: SOUTHERL Y RIGHT-OF-
WA Y OF SAID SUNSET POINT ROAD: THENCE AL ONG THE SOUTHERL Y RIGHT-OF-
WA Y LINE OF SUNSET POINT ROAD S.89'03'09n E.. 2/.15 FEET.' THENCE
CONTINUE' ALONG SAIl) SOUTHERL Y RIGHT-OF-WA Y LINE A DISTANCE: OF
314.49 FEE., ALONG THE" ARC OF A CURVE TO THE l.FFT TO THE POINT OF
BEGINNING, SAID CURVE HA VING A RADIUS OF 34,239.60 FEET AND A CHORD
OF 314.49 FEET WHICH BEARS 5.89118'57- e.; CONTAINING 3.246 ACRES
MORE OR LESS.
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A FF1DA VIT OF NO UriliS,
STATE OF FLORlDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally nppc.1red Richnrd
K. Maloof, who, being first duly sworn, deposes and says:
1. That Richard K. Maloof is duly authorized to make this affidavit on behalf
of R.K.M. Development Coi'p" a Florida corporation C'Affillnt"), and that Richard
K. Maloof is Affiant's president and secretary and has personal knowledge of the
maUers addressed by this affidavit.
2. That R.K.M. Development Corp. is the owner of legal and equitable title to
the fonowing described property in Pinellas County, Florida, to wit:
See atL1ched Exhibit A
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3. That said property is now in the possession of the record owner.
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4. That there has been no labor performed or materials furnished on said
property for which there arc unpaid bills for labor or materials against said property.
4. That there are no liens or encumbrances of any nature affecting the title of
the property hereinabove described, except for a mortgage executed by R.K.M.
Devel~pmellt Corp. to Barnett Bank of Pasco CO\1nty, recorded February 23. 1995, in
O.R. Book 8920, Page 2107, Public Records of Pincllas County, Florida.
5. That it is hereby warranted that no notice has been received for any public
hearing regarding assessments for improvements by nny government, and it is hereby.,.
warranted that there are no unpaid assessments against the above property for
improvements thereto by any government, whether or not said assessments appear of
record.
6. Thatlhere arc no outslanding sewer service charges or assessments payable
to any government.
7. That the representations embraced herein are for the plirposes of inducing
CITY or CLEARWATER, its agenls, successors and assigns 10 rely thereon.
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WIT ESS /
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Richard K. Maloof, }lresid
secretary
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Witness' Printed Signature
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Witness' Printed Signature
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Sworn to and subscribed to before me this
A.D., 1995'".
, USE J. oLSEN
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90 "1q~
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Signalure of crson laking acknowledgment
l i .5(_ 7'", 0/5.(1-1
Typc/prinllslamp name of acknowlcdger
Tille or rank, and Serial No., if any
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LFGAL DE'SeRIP nON:
A PORT/ON OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 Of' SE'CTION 6.
TOWNSHIP 29 SOUTH. RANGE 16 EAST, AND A PORT/ON OF Lor /. L rING IN
THE' SOUTHeAST 1/4 OF SECTION I.. TOWNSHIP 29 SOUTH, RANGE 15 EAST.
PINELLAS GROVE'S SUBDIVISION. AS RECORDED IN PLA r BOOK 3, PAGE IS OF
THE PUBLIC RECORDS OF PINELLAS COUNTY, FL ORIDA. LESS THE SOUTH 338
FE'ET THEREOF AND ALSO THA r PORTION OF VACA TcD PINELLAS GROVES
EASEMENT (RIGHT OF WA Y) IN THE NORTHEAST 1/4 OF THE' SOUTHEAST 1/4
OF SECTION I, TOWNSHIP 29 SOUTH, RANGE' 15 EAST,.L YING ADJACENT
THERETO ALL BEING FURTHER OESCRIBED AS FOLL OW5:
COMMENCE A r THE NORTHWeST CORNER OF THE NORTHWeST 1/4 OF THE:
SOUTHWEST 1/4 OF SAID SECTION 6, THE SAME BEING THE NORTHEAST
CORNER OF THE NORTHEAST 1/4 OF" THE SOUTHEAST 1/4 OF SAID SECTION
I,' THENCE RUN S.00'05'04'" W.. ALONG THE SECTION LINE 48.56 FEET FOR
A POINT OF BEGINNING: THENCe AL ONG THE SOUTHERL Y RIGHT-OF- WA Y LINE
OF SUNSET POINT ROAD 174.18 FEET AL ONG, THE' ARC OF A CURVe TO THE
LEFT, SAID CURVE HA VING A RADIUS OF 34,239.60 FEET AND A CHORD OF
/74.78 FEET WHICH BEARS 5.89'43'30. F.,' THENCE 5.45'08'31" E..
28.28 FeET.. THENCE 5.00'08'3111 E.. ALONG THE WESTERL Y RIGHT OF )fA Y
OF BELCHeR ROAD, 106.24 FEET: THENCE 5.34'49'32" W.. ALONG SAID
RIGHT OF irA}' 89.58 FEEr; THENCE CONTINUE ALONG SAID WESTERL Y RIGHT
OF WA Y 5.32'54'45. W.. /21.91 FEET.. THENCE A DISTANCE OF 18.55 FEET
ALONG THE ARC OF A CURVE TO THE LEFT. SAID CURVE HA VING A RADIUS OF
635. 00 FEET AND A CHORD OF 18.55 WHICH BEARS 5.32'53'37" W... THENCE
LEA VING SAID WESTERL Y RIGHT OF WA Y N.89 '54'5611 w.. 83.14 FEET:
THENCE N.OO'05'04" Eo. PARALLEL TO AND /5.00 FEET WEST OF THE EAST
80UNDARY LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SeCTION I. A OlSTANCE OF 45.80 FFFT..; THENCE N.89'08'40if iV.. 319.91
FEET; THENCE N.O'03'361i w.,' 211.89 FEET TO THE' SOUTHERL Y RIGHT-OF~'
WA Y OF SAID SUNSET POINT ROAD; THENCE' ALONG THE' SOUTHE'RL Y RIGH7-0F-
WA r LINE OF SUNSET POINT ROAD S.89 '03'09 If E, 2/./5 FEET,' THENCE
CONTINUE ALONG SAID SOUTHERL r RIGHT-OF-WA Y LINE A DISTANCE OF
314.49 FEE'T ALONG THE' ARC OF A CURVe TO THE LEFT TO THE POINT OF
BEGINNING, SAID CURVE HA VING A RADIUS OF 34,239.60 FEET AND A CHORD
OF 314.49 FEET WHICH BEARS 5.89'18'57- Eo.. CONTAINING 3.246 ACRES
MORE OR LESS.
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EXHIBIT A
eM 1_
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Clearwater City Commission /J 5 H..tln, D.t"
Agenda Cover Memorandum - f
8.:3.95
SUBJECT: PICKLES PLUS TOO, INC. LEASE - HARBORVIEW CENTER RESTAURANT
RECOMMENDATION/MOTION: Approve the leasing of 2,500 square feet of the Harborvi.ew
Center ground floor to Pickles Plus Too, Incorporated, for the establishment of
a restaurant consisting of a five (5) year initial term with three (3) additional
five (5) year, option terms, and authorize an expenditure of $100,000
(reimbursable) for the completion of the restaurant, funded by a loan in the
amount of $100,000 from the Harborview Center Fund,
[J end that the appropriate officials be authorized to execute some.
BACKGROUND: It is proposed .to lease 2,500 square feet of the first floor of the
Harborview Center for the establishment of a deli type restaurant by pickles Plus
Too, Incorporated. The term of the lease will be an initial five (5) year period
with three (3) additional five (5) year optional periods.
Pickles Plus Too, will be responsible for payment of real property taxes and
assessments and will operate under an agreement which is summarized as follows:
CITY WILL:
1) Provide, at its sole expense, a 2,500 square foot, first floor, basic
restaurant "shell" and utility stub-outs, consisting of perimeter walls
(primed), cement floor, finished ceiling, utilities brought to shell area,
and completed bathrooms. Note: city Commission authorized $80,600 for this
purpose on 4/20/95 and completion of the shell is not dependent on this
lease approval.
2) Provide at its initial expense with reimbursement as later described,
all interior walls, carpentry, finishes, utility distribution, furniture,
fixtures, decorations, utensils, equipment, etc. necessary to completely
establish the restaurant, EXCEPTING that the city's total expenses including
architect and contractor fees shall not exceed $100,000. Expenses in excess
of $100,000 will be immediately borne by the Lessee. Note: $100,000 should
be authorized concurrent with lease approval.
3) Provide at its sole expense, a 12'x50' "patio" or "cafe" area for the
free and exclusive use of the Lessee as an outdoor seating area. The
_.
Revf flWC!d by: (tdr Originating Dcpt: Costs: S 100.000 COIlJ1Iission Action:
Legal City Manager Total 0 Approved
Budget (;r' , 0 Approved w/ccnditions
Purchasing
Risk Hgmt. N/A Current fiscal Yr. 0 Denied
CIS N/" User Dcpt: 0 continued to:
"eM ~wc.:./'- FLIlding Source:
Other rt] Capital Imp.
Ad'lertiscd: 0 Opera t ; ng A ttachmcnts:
Dote: 0 Other 1) Proposed Lease
Paper: 2) financial Overview
~ Not Required
SWIll tted by: Affected Parties 0 None
Appropriation Code:
Ci tv fi:/!fz!::v ~ Notified 31S.94717SxxxOO-S19
~ Not Requi red
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"patio" area may be furnished by use of the reimbursable construction funds
and will be operated at the sole expense of the Lessee. Note: Patio
construction is a part of Phase II work previously authorized.
LESSEE WILL:
1) Pay the city, as basic rent, the sum of $10 per square foot of rental
space, which is $25,000 for the first year, plus applicable sales tax, in
monthly installments of $2,083.33 (plus sales tax); and to pay each
succeeding year, for the term of the lease, basic rent increasing by three
percent (3%) per year, plus sales tax on the increase. Obligation to pay
rent does not commence until three (3) months after City issuance of
certificate of occupancy.
2) Pay the' city, as additional rent, an annual amount
percent (6%) of Lessee's gross receipts over $575,000.
3) Pay the city, as a common area maintenance fee, a sum equal to $2.00
per square foot of rented space, which is $5,000 per year and which is to be
paid monthly.
equal to six
4) Pay the City, as reimbursement of funds expended to accomplish the
finishing and equipping of the restaurant (capped at $100,000), an amount
equal to fifty percent (50%) of the cost of such work, (cannot exceed
$50,000), in monthly payments amounting to $4.00 per square foot of leased
space which is $10,000 per year or $833.33 per month, over the initial five
(5) year term period; and shall pay the city, as reimbursement of the
remaining fifty percent (50%), at the same rate per month over the first
option period.
The proposed lease in its entirety is attached. A list of exhibits which are
referred to in the lease is as follows:
A - Drawing Depicting Leased premises
B - Drawing Depicting "patio" or "Cafe" Area
C - Architects Plans for Improvements to Leased Premises
D - Schedule of Equipment and Furnishings in the Leased Premises
E - Drawing Depicting signs
F - Menu
EXhibits A and B are attached herewith. EXhibits C and 0 are by definition
produced later in the project. Exhibits E and F are receivable from pickles Plus.
Funding will be provided by a loan from the Harborview center Fund in the amount
of $100,000, which is in effect a borrowing from the Consolidated cash Pool
resulting in an initial deficit cash position for the Harborview Operating Fund.
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LEASE
THIS AGREEMENT is made and entered into on the date set forth below, by and between THE
CITY OF CLEARWATER, FLORIDA, with offices at 112 South Osceola Avenue, Clearwater, Florida,
hereinafter referred to as "Landlord", and PICKLES PLUS TOO, INC., a Florida corporation, with offices
at cIa Robert L. Shear, P.A., 2600 McCormick Drive, Suite 230, Clearwater, Florida 34619, hereinafter
referred to as "Lessee".
In consideration of the mutual covenants, terms and conditions contained herein, the parties
hereto agree as follows:
1. LEASED PREMISES. Landlord does hereby lease and permit Lessee to enter upon, use, and
occupy for the purposes and on the conditions herein set forth the following described property:
A retail sales area comprised of 2500 Sq. ft., more or less, located on the first floor of
the Harborview Center, Clearwater, Florida, and shown on Exhibit" A" (the "Leased
Premises"), attached hereto.
Lessee shall also be granted the right to use in common with others the parking area, means
of ingress and egress and other common areas. Lessee shall further be granted the right to utilize the
12' x 50' (approximate) "patio" or "cafe" area immediately adjacent to the westernmost wall of the
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leased premises for service of patrons at no additional rent or charge see Exhibit "S". All expenses for
the creation and upkeep of the "cafe" or "patio" area shall be borne by landlord. Lessee may, at his
option, furnish and/or decorate the "cafe" area as an item of expense under paragraph 5(C). Lessee
shall be responsible for any operating expenses of the cafe area. Lessee shall be responsible for the
cleanliness of the area.
2. I.EBM. The obligation to pay rant under this lease shall begin three (3) months following
the date that Landlord completes all of the improvements and alterations as set forth in Paragraph five
(51 of this lease and a Certiftcate of Occupancy is issued and all required approvals so that the
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restaurant can open for business (hereinafter referred to as the Commencement Datel. In the event
that the obligation to pay rent shall begin at any date other than the first day of the month, Lessee's
first rental payment shall be prorated to the first day of the following month and all monthly payments
thereafter shall be In accordance with Paragraph three (3) hereafter. Lessee shall deposit with Landlord
the sum of $2,229.16 representing the first month's rent due of the initial term of this Lease, including
applicable sates tax.
The initial term of this Lease shall be for a period of five (5) years following the
commencement of the obligation to pay rent. Occupancy of the premises shall be no earlier than
September 1, , 995. Lessee shall have the option to renew this Lease for three (3) additional five-year
periods. Such renewal option may be exercised only upon written notice to Landlord at its municipal
offices at least ninety (90) days prior to the expiration of each term.
3. RENT.
Lessees rent shall be composed of the following:
FIXED MINIMUM MONTHLY RENTAL
PERCENTAGE RENTAL
DIRECT EXPENSES
TOT AL RENT
A. Lessee agrees to pay landlord as a fixed minimum rental for the term of this
lease, at such place as landlord may from time to time designate, the sum of Twenty-five Thousand
Dollars ($25,000.00 annuallyl, being Ten Dollars ($10.00) per square foot of rented space, plus
applicable sales tax. The same shall be payable in monthly installments of $2,083.33, plus applicable
sales tax, on the first day of each month with a ten day grace period in accordance with paragraph two
(2) above. The base rent shall be increased annually by three percent (3%), plus sales tax on the
increase.
B. In addition to the fixed minimum monthly rental, Lessee agrees to pay to Landlord
an additional rental in an amount equal to six percent (6%) of the amount of Lessee's gross receipts
made during each year of the term of this lease, from the leased premises, in excess of $575,000.00
(break point). The term "gross receipts" as used in this lease is defined as the total amount of actual
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gross revenues received by Lessee, its assignees, subtenants, concessionaires, or licensees for all
merchandise sold or services performed in or from the leased premises, whether for cash or other
consideration or on credit; excluding discounts or allowances made to customers for which no payment
has been received by Lessee; the amount of any tax payable by reason of such sales or service under
any applicable tax law, which taxes are billed as a separate item by the Lessee to the purchaser; and,
any trade show revenues wherein a separate written agreement exists between landlord and Lessee
as to commissions. This percentage rent shall be paid annually. The first payment shall be paid on or
before January 15/ 1997/ and another payment of percentage rent shall be paid on January 15 of each
year thereafter, except in the year of termination, in which the event the percentage rent shall be paid
within fifteen (15) days after termination.
C. Lessee shall pay to Landlord as additional rental common area maintenance direct
expenses exclusive of ad valorem taxes. Such Common Area Maintenance charges shall include all
insurance on the bUilding, general maintenance and repairs, trash collection & disposal, painting,
cleaning and janitorial services, maintenance of parking lot, inCluding sidewalks, curbs, sealing, striping
and repairing, building signage, planting and landscaping, lighting and all other utilities, fire protection
systems, storm drainage system and roof patching and administrative management fees.
Notwithstanding anything herein to the contrary, said direct expenses shall be $2.00 per square foot
of rented space and shall remain at $2.00 per square foot during the initial term of this lease. The
terms "additional rental" and "direct expenses" are used interchangeably herein. All base rental and
additional rental payments shall be paid on or before the first day of each month with a ten day grace
period.
D. OPTION PERIOD. Rental for any option periods shall be adjusted upward using the
applicable Department of Labor Consumer Price Index (Cpn for the preceding twelve months. The
formula shall be as follows:
Existing Base Rent x CPI = Base' Rent For Next Option Period
The parties shall initiate negotiations of the terms for the option periods no later than 180 days
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prior to the end of the prior term.
E. FAilURE OF lESSEE TO OPEN. If the Lessee fails to take possession and to open
the leased premises for business fully fixtured, stocked and staffed within 90 days from the date of
commencement, then the Lessor shall have, in addition to any other remedies provided, the right to
collect the minimum rent plus additional rent at the rate of twenty-five dollars ($25.001 per day for
each and every day that the Lessee shall fail to begin business. This additional rent shall be in lieu of
the percentage rent that might have been earned during the period of the Lessee's failure to open.
Should lessee fail to open for business within six months from the date of commencement he shall
be in default and subject to Landlord's Remedies UDon Default set out in paragraph 24.
4. ACCOUNTING BY lESSEE.
A. Maintenance of books and records: lessee agrees at all times to keep and maintain
accurate records of all business transactions and sales made in and from the leased premises and to
cause all sales to be registered upon cash registers.
B. Landlord's right to inspect books and records: landlord shall have the right at all
reasonable times during business hours, through Landlord's duly authorized agent, attorney, or
accountant, to inspect and make copies of lessee's records, accounts, and books in any way bearing
upon such sales, including copies of tax or information returns furnished any governmental authority,
both at the leased premises and at Lessee's central offices, or at any other office of Lessee at which
such books, records, and accounts may be kept. landlord agrees that all such information shall be
held by its agents, attorneys, and accountants in strictest confidence.
C. Installation of cash registers: The Lessee agrees to Install in the leased premises
a cash register or registers that have customarily been used at Pickles Plus and such registers shall be
equipped with a cumulative totaling device.
D. Performance by Lessee: Performance of the covenants set forth in this paragraph
shall be deemed a condition precedent to lessee's right to continue in possession of the leased
premises.
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E. Right to Examine Books: The acceptance by the Lessor of payments of percentage
rent shall be without prejudice to tho Lessor's right to examine Lessee's books and records at the
leased premises in order to verify the amount of annual gross receipts received by the Lessee in and
from the leased premises.
F. Audit: At Its option, Lessor may cause, at any reasonable time, upon forty-eight
(48) hours prior written notice to Lessee, a complete audit to be made of Lessee's entire business
affairs and records relating to the leased premises for the period covered by any statement Issued by
the Lessee. If such audit shall disclose a liabllity for rent to the extent of five 15%) percent or more
in excess of the rentals computed and paid by Lessee for the period, Lessee shall promptly pay to
Lessor the cost of the audit in addition to the deficiency, which deficiency shall be payable in any
event, and, in addition, Lessor, at Lessor's option, may terminate this Lease upon five (5) days notice
to Lessee of Lessor's election so to do. Any inform'atian obtained by the Lessor as a result of the audit
shall be held in strict confidence by Lessor.
5. c::ONSTRUCTION.
A. Landlord shall make all improvements and alterations to the Leased Premises in
accordance with plans and specifications prepared by Landlord's architect, approved by Lessee, and
upon City Commission approval, attached hereto as Exhibit "C". All improvements and alterations shall
be in accordance with the Americans with Disabilities Act ("ADA") and, as between Lessee and
landlord, Lessee will be responsible for compliance with the ADA and the regulations thereunder with
procure and obtain all licenses and permits to operate the restaurant in the Leased Premises, except
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respect to the Leased Premises. Lessee with the administrative assistance of Landlord shalt also
as otherwise specifically provided in this Lease.
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B. Prior to the construction phase of the leased premises, Landlord at its sole cost and
expense, shall cause the facility to be "built-out" and readied for Lessee's needs which prepared area
Is referred to in the construction industry as a "shell". The "shell" shall consist of the four outer walls,
Iprimed), a cement floor, a finished ceiling, main eloctrical, plumbing heating and air conditioning to
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the space of sufficient size to maintain 780, and completed bathrooms. All expenses for the work
outlined in this paragraph, including architect's and contractor's feos shall not be countable as an
expense of the construction as set forth in paragraph 5(01.
Supervision of the construction shall be the responsibility of the architect and with the
Lessee's representative, Joseph Benedettini or Ralph Natale in advisory capacity.
C. landlord shall bear the cost of providing a completed "turnkey" facility to the extent
that the restaurant will be fully operational. landlord's responsibilities shall include, but not be limited
to, installation of sinklsl, counters, appliancos, lighting fixtures, a sales transaction area and
appropriate sales transaction equipment, bathroom fixtures, coolers, freezers, cooling facilities, tables,
chairs, necessary painting or wallpapering, floor coverings, electrical, including lighting and lighting
fixtures, plumbing, hood fan and fire systems, serving and cooking utensils, storage containers, and
all other items not otherwise mentioned to effect a fully operational restaurant. landlord's expense,
including architect and contractor fees, shall not exceed $100,000.00 to complete the project, for the
build-out phase under paragraph 5(0). lessee shall retain right to approve the cost of construction,
Including contractor's fees, and the selection of all equipment and furnishings.
O. lessee shall reimburse landlord for fifty percent (50%) of the cost of construction
of the facility (exclusive of readying the premises for construction [paragraph B above] during the initial
term of the lease and lessee shall reimburse Landlord for the remaining fifty percent (50%) over the
term of the first option period, should the lessee decide to exercise the option to renew. The amount
of the reimbursed cost shall be determined upon completion of the facility. The payment for
reimbursement shall be made in monthly increments based on $4.00 per square foot of leased space.
Following total reimbursement, title to the equipment shall be 1n Lessee.
E. During the period that Lessee is fulfilling its reimbursement obligation, Landlord shall
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retain title to all the personal property and furniture in the leased premises. At such time as lessee
fulfills its reimbursement obligation, landlord will provide a Bill of Sale conveying full right, title and
interest to all of the equIpment and other personalty to Lessee. A schedule of equipment and
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furnishings, approved by Landlord and Lessee, shall, upon City Commission approval, be attached to
this Lease as Exhibit "0". During the term of this lease, lessee may replace or add any such
equipment and furnishings necessary to maintain its facility and shall provide to landlord written notice
of such substitution or addition. In the event of early termination of the lease through no fault of the
Lessee, Lessee shall be compensated for the depreciated value of the "paid-in" amount of the
reimbursed expense of the equipment.
6. EXPANSION. Subject to space availability and in the event that the parties shall agree to
expand the leased premises, it is hereby agreed that any expanded area shall be subject to the same
terms and conditions as set forth in this Lease agreement.
7. SIGNAGE. During the term of this Lease, Lessee shalt have the right to install and maintain
professionalty made interior and exterior fascia signs depicting the Pickles Plus Name attached to the
outside of the building subject to Landlord's Municipal Code requirements and location requirements.
All such signs shall, to the maximum extent possible, be identical to Pickles Plus standard signs, as
approved in Exhibit" Eft. All such signage shall be removed by Lessee at Lessee's expense within
fifteen (15) days after termination of this Lease for any reason. The cost of the signage and
installation shalt be in accordance with the provisions of Paragraph five (5) and shalt become the
ownership of Lessee at the end of the initial five (5) year term.
8. USE OF PREMISES. Lessee shall use the Leased Premises for the maintenance and
operation of a delicatessen/restaurant to sell and deliver food and beverages which are customary on
a Pickles Plus menu attached as Exhibit "F". Lessee shall be allowed to serve beer and wine In
conjunction with its food service. All food items may be sold for on-site or off-site consumption.
Lessee shall not use the Leased Premises for any other purpose, nor shall Lessee use the Leased
Premises for any unlawful, offensive, hazardous, unsightly or other objectional purpose, and Lessee
agrees not to violate or permit any of its employees or invitees to vIolate any federal, state or local law,
regulation or ordinance.
Lessee shall remain open for business during the hours of 8:30 a.m. to 7:00 p.m., each
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day, Monday through Saturday, except for Christmas, Easter, New Year's, ThanksgIving and family
emergencies or deaths, and may also remain open during any additional hours that it determines Is
appropriate, including Sunday operations and extended hours dependent upon Lessee's business needs
and to accommodate holiday traffic, trade show and other convention center activities. Landlord shall
provide Lessee with a calendar of events at least thirty (30) days in advance. Lessee's obligation shall
Lessee shall have the first right of refusal for food service at all Harborview Center first
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extend only to delicatessen items similar to the menu items (Exhibit "F") as provided by Lessee.
floor activities.
9. UTIliTIES AND OPERATIONAL COSTS. Lessee shall fully and promptly pay for all water,
gas, heat, light, power, telephone service, ad valorem taxes, and other public utilities of every kind
furnished to the interior premises throughout the term of this lease, and all other costs and expenses
of every kind whatsoever of or in connection with the use, opetation, and maintenance of the premises
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and all activities conducted on the premises. Landlord shall have no responsibility of any kind for any
of such costs and expenses. All such costs shall be either separately metered or easily ascertainable
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as Lessee's expense. All expenses relative to the "patio area" which are associated with its lighting
and maintenance as an outdoor structural feature of the building shall be borne by Landlord. All
expenses relative to the "patio area" which are associated with the operation of the restaurant (water,
power, etc.l shall be borne by the Lessee.
10. QUIET ENJOYMENT. For so long as Lessee is not In default under this Lease, Landlord
shall insure that Lessee shall have Quiet and peaceable enjoyment of the Leased Premises and will not
be dlsturbod.
11. MAINTENANCE AND REPAIRS. All repairs and maintenance to keep the Leased Premises
in good condition {normal wear and tear exceptedl and broom-clean shall be performed by Lessee at
its own cost and expense. Landlord shall be responsible for all repairs and maintenance of the building
structure, roof, plumbing and electric to the leased premises, paved and parking areas, HVAC and any
other expensos relating to common areas not within the control of the Lossee.
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12. ALTERATIONS AND REPAIRS. Upon completion of the Construction. Lessee shall take
good care of the premises and they shall not be altered. repaired. or changed without the wrItten
consent of Landlord: and that, unless otherwise provided by written agreement, all alterations,
improvements. and changes that may be required shall be done either by or under the direction of
Landlord, but at the cost of Lessee, and all fixtures and permanent repairs shall be the property of
Landlord. and shall remain upon and be surrendered with the premises. exceptIng, however. that with
landlord's consent. Lessee may, at its option and expense, when surrendering the premises. remove
all partitions, counters, railings, and the like, installed in the premises by Lessee; that all damage or
injury done to the premises by Lessee, or by any person who may be in or on the premises with the
consent of Lessee, shall be paid for by Lessee: and, that lessee shall, at the termination of this lease,
surrender the premises to landlord in as good condition and repair as reasonable and proper use of the
premises will permit.
13. BUilDING RULES AND REGULATIONS. Lessee agrees to adhere faithfully to all rules and
regulations adopted by landlord for the safety, care and cleanliness of the premises.
14. PROMOTION. Should landlord use any method to promote the Convention Center or
downtown Clearwater, it may, at it's option, incorporate appropriate notice of Lessee's restaurant at
no expense to lessee. Such promotion may include flyers, billboards, newspapers, radio and
television.
15. VACATION OF STEIN MART. In the event that STEIN MART department stare shall
vacate the Harborview Center location or discontinue business for any reason, the parties will make
appropriate lease adjustments to reflect the loss of traffic generated by said store. Further, landlord
shall have eight (8) months from the date of the termination of Stein Mart's operation to replace a
tenant of the same retail impact of Stein Mart in the entire vacated area or lensee may terminate its
lease and be fully released from any and all lease financial responsibilities. During the vacation period,
Landlord shall exert its bAst efforts to retain a replacement tenant notwithstanding that it may be
receiving rental payments from STEIN MART. It is the intention of the partios that the space is to be
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occupied by a quality tenant to engender the traffic to benefit lessee's business.
16. LICENSES AND PERMITS. Landlord will use its best efforts in assisting Lessee in
obtaining any license necessary for its operation. All impact fees shall be at the expenses of Landlord.
17. HOLDING OVER. Any holdover by Lessee after the termination or expiration of this Lease
shall not, in the absence of a written agreement to the contrary, create a tenancy for a term in excess
of month-to-month. This provision shall not give lessee any right to holdover. Any holdover shall be
subject to all the other terms and conditions of this Lease and to the Florida Landlord and Tenant
Statute, but under no circumstances shall the rental exceed the monthly rent existing at the end of the
term of the lease.
18. RELATIONSHIP OF PARTIES. This Lease does not and shall not constitute a "franchise"
as that term or any similar term is or may be used in any state or federal law, rule or regulation
affecting the rights of the parties to terminate this Lease or for any other purpose.
Lessee acknowledges that it is an independent business entity and landlord shall
exercise no control over the day-to-day business operations of Lessee at the Leased Premises. Lessee
is and shall at all times be an independent business entity free to select its customers, its employees,
set its own selling prices and terms of sale, control its operations and generally conduct business as
it determines.
19. DAMAGE TO OR DESTRUCTION OF PREMISES. In the event of a partial destruction of
the premises, from any cause covered by Landlord's standard fire and extended coverage insurance,
Landlord shall immediately repair such destruction within 90 days and such partial destruction to the
premises shall in no way annul or void this lease. but lossee shall be entitled to a proportionate
reduction of rent while such repairs are being made. If such partial destruction was caused by any risk
not covered by landlord's insurance or if the cost of repair exceeds the insurance proceeds payable,
Landlord may, at its option make such repairs provided the repairs can be made within ninety (901 days
and the lease shall remain in full force and effect and Lessee shall be entitled to a proportionate
reduction in rent while such repairs are being made. If the landlord does not elect to make repairs he
10
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is not obligated to make, or if such repairs cannot be made within ninety (901 days, or if such repairs
cannot be made under law, this Lease may be terminated at the option of either party. In the event
the buildIng is destroyed to the extent of not less than thirty-three and one-third percent '33 1/3%)
of the replacement cost of It, Landlord may elect to terminate this lease, whether the premises are
injured or not and without liability to Les:;ee. A total destruction of the premises, or of the building,
shall terminate this lease. In the event of any dispute between landlord and Lessee relative to the
prOVisions of this Section, they shall submit their dispute to arbitration in accordance with the rules
of the American Arbitration Association, and the arbitration shall be final and binding upon both
Landlord and Lessee, and the cost of such arbitration shall be borne equally between them.
20. INSURANCE/INDEMNIFICATION. Lessee shalt maintain in full force and effect during the
entire term of the Lease, at Lessee's sole cost and expense, and require any sublessee to maintain at
no cost to Landlord, the insurance coverage set forth below with companies reasonably satisfactory
to Landlord with full policy limits applying but not less than as required herein. Such insurance shall
name Landlord an additional Insured. A certificate evidencing the required covorages shall be delivered
to Landlord upon request.
(a) The insurance coverage and certificate of insurance provided to Landlord shall be
applicable, without regard to the indemnity provisions contained in this Lease, to the extent of any
claim, loss or liability within the scope of the following roquired insurance, except that Lessee shall not
be responsible for Insurance coverage to the cafe area and any of these items covered in paragraph
11 hereinabove.
t 1) Worker's compensation insurance as required by laws and regulations applicable
to and covering employees engaged in the conduct of business under this lease;
(2) Business automobile liability insurance for all operations including owned, non.
owned and hired vehicles with limits of liability of not less than: bodily injury equal to $100,000 each
person, $300,000 each accident; and property damage of $1 00,000; or a combined single limit of
$300,000 for bodily injury and property damage. If no vehicles are used for the business then this
I
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insurance shall be waived; and
(3) Commercial general liability or comprehensive general liability insurance with limits
of not less than $500,000.00 each occurrence and $1,000,000 general aggregate.
Notwithstanding the indemnity provisions contained in this Lease, the insurance coverage maintained
bV Lessee or sublessee, and the protection afforded landlord as provided herein, shall protect landlord,
its panners, directors, managers, officers, emplovees, and against all damage, loss, Iiabilitv or expense
whatsoever from or attributable to bodilV injury or death, fire, theft, property damage or any other loss,
expense or liabilitY.
(b) Lessee shall defend, indemnify, reimburse and hold harmless landlord, its partners,
officers, directors, managers, employees and agents, from and against any claim, demand, actions or
cause of action, damages, costs, expenses, losses or liabilities (including reasonable attorney's fees
and court costs) resulting from or arising out of (i) any failure by lessee to perform or comply with any
provision contained in this lease and Iii) any personal injury, death, or property damage caused by
lessee or its officers, directors, employees or agents except to the extent caused by negligence or
intentional fault of landlord. The indemnity provisions contained herein shall not restrict in any manner
the scope of insurance protection required to be maintained and afforded to landlord in this Lease.
Ic) The obligations under this Paragraph 20 shall survive the expiration or termination
of this Lease.
21. CONDEMNATION. If the whole or any part of the leased Premises shall be taken bV any
lawful authority under the power of eminent domain, then this Lease shall thereupon terminate, and
lessee shall be liable for rent only up to the date of such taking.
In the event of the partial or complete taking of the improvements, lessee shall be
entitled to participate In any and all awards for such taking to the extent that any such award includes
the loss, if any, sustained by Lessee as a result of the termination of this Lease for loss of business,
fixtures. moving expenses, and leaseholds.
22. NOTICES. All notices, consents and other communications under this Agreement shall
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be in writing and shall be deemed to have been duly given when delivered by certified marl return
receipt requested or by other such means as the parties may agree from time to time. All such notices
will be directed to the parties as follows:
(al
If to Landlord:
City of Clearwater, Florida
112 Osceola Avenue
Clearwater, Florida
(bl
If to lessee:
Pickles Plus Too, Inc.
c/o Robert L. Shear, P. A.
2600 McCormick Drive
Suite 230
Clearwater, Fl 34619
23. TAXES.. lessee shall be responsible for paymen~ of all real property taxes and
assessments !including special assessments) which may be levied or assessed by any lawful taxing
authority against the Leased Premises including Impact fees, and any sales or tangible personal
property tax and same shall be payable 1/12 of the total sum monthly with the fixed rental.
24. LANDLORD'S REMEDIES UPON DEFAULT. Landlord shall have the following remedies if
tenant commits a default. These remedies are not exclusive but are in addition to any remedies now
or later allowed by law. Default shall be defined as lessee's failure to perform any covenant of this
lease following five days notice by landlord to Lessee of its right to cure any monetary covenant and
fifteen days notice by Landlord to lessee of its right to cure any non-monetary covenant. All notices
shall be In writing, delivered to Lessee at the leased premises.
A. Landlord shall have the right either to terminate lessee's right to possession of the
premises and terminate this lease or to have the lease continue in full force and effect with Lessee at
all times having the right to possession of the premises. Should landlord elect to terminate Lessee's
right to possession of the premises and terminate this lease, then landlord shall have the right of entry
and may remove all persons and proporty from the premises in accordance with the Florida Landlord
and Tenant Statute 83 et seq. Such property so removed shall be stored in a pUblic warehouse or
elsewhere at the cost and for the account of lessee. Upon such termination, Landlord, in addition to
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any other rights and remedies including rights and remedies under Florida Statute 83 et seq., or any
amendment to it, shall be entitled to recover from Lessee the worth, at the time of award, of the
amount of the unpaid rent for the balance of the term after the time of award. The amount referred
to in this action shall be computed by discounting such amount at the discount rate of Barnott Banks
of Pinellas at the time of the award plus one percent. Prior to such award, Landlord may relet the
premises for the purpose of mitigating damages suffered by Landlord because of Lessee's failure to
perform Lessee's obligations under this lease.
B. Anv proof of Lessee of the amount of rent loss that could be reasonably avoided
shall be made in the fOllowing manner: Landlord and ~essee shall each select a licensed real estate
broker in the business of renting property of the same type and use as the premises and in the same
geographic vicinity; the two real estate brokers shall select a third licensed real estate broker; and the
three licenses real estate brokers selected shall determine the amount of rent loss that could be
reasonably avoided for the balance of the term of this lease after the time of award. The decision of
the majority of such licensed real estate brokers shall be final and binding upon the parties to this
agreement.
C. As used in this lease, the term "time of award" shall mean either the date upon
which tenant pays to landlord the amount recoverable by landlord as set forth in this lease or the date
of entry of any determination, order, or judgment of any court or other legally constituted body, or of
any arbitrators, determining the amount recoverable, whichever occurs first
D. Should Landlord, following any breach or default of this lease by Lessee, elect to
keep this lease in full force and effect, for so long as Landlord does not terminate Lessee's right to
possession of the premises, notwithstanding the fact that Lessee may have abandoned the premises,
then Landlord, in addition to all other rights and remedies which landlord may have at law or in equity,
shall have the right to enforce all of landlord's rights and remedies under this lease. Notwithstanding
any such election to have this Lease remain in full force and effect, landlord may at any time after that
elect to terminate Lessee's right to possession of the premises and terminate this lease for any
14
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previous breach or default which remains uncured, or for any subsequent breach or default. For the
purposes of landlord's right to continue this lease in effect upon lessee's breach or default, act of
maintenance or preservation or efforts of landlord to relet the property, or the appointment of a
receiver on initiative of landlord to protect its interest under this Lease do not constitute a termination
of lessee's right to possession.
E. In the event Landlord elects. upon breach or default of this Lease by Lessee. to keep
this Lease in full force and effect, Landlord may, as attorney in fact of Lessee, from time to time sublet
the premises or any part of it for such term and at such rent and upon such other terms as Landlord
in Landlord's sole discretion may deem advisable with the right to make alterations, restoration and
maintenance to the premises at landlord: s expense. lessee shall be immediatelY liable to pay to
landlord the amount by which the rent under this lease for the period of subletting, to the extent such
period does not exceed the term of this lease, exceeds the amount agreed to be paid as rent for the
premises for such period of such subletting. If Lessee has been credited with any rent to be received
by such subletting and such rent shall not be promptly paid to Landlord by the subtenant, or jf such
rent received from such subletting during any month be less than that to be paid during that month
by Lessee under this lease, Lessee shall pay any such deficiency to Landlord. Such deficiency shall
be calculated and paid monthly. No taking possession of the premises by landlord, as attorney-in.fact
for lessee, shall be construed as an election on its part to terminate this lease unless a written notice
of such intention is given to lessee. Notwithstanding any such subletting without termination,
landlord may at any time after that elect to terminate this lease for such previous breach. At
landlord's option and application, a receiver for Lessee shall be appointed to take possession of the
premises and to exercise landlord's right to sublet the premises as attorney.in.fact for Lessee and to
apply any rent collected from the premises as provided in this Lease.
F. Nothing in this section affects the right of the Landlord to indemniiication for liability
arising prior to the termination of the lease for personal injuries or property damage where the lease
provides for such indemnification.
15
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G. If tenant shall be in default in the performance of any covenant to be performed by
it under this lease, then, after notice and without waiving or releasing tenant from the performance of
such covenant, and in exercising any such right pay necessary anu incidental costs and expenses in
con~ection with it. All sums paid by Landlord in this manner, together with interest on it at the
maximum rate of interest per year allowed by law, shall be deemed additional rental and shall be
payable to Landlord on the next rent-paying day.
H. Rent not paid when due shall bear interest at the maximum rate of interest per year
allowed by law from the date due until paid.
I. Notwithstanding any of Landlord's remedies herein, it shall exercise due diligence
and best efforts to mitigate Lessee's damages and attempt to locate and relet the premises to a quality
representative tenant at similar terms and conditions contained in this lease.
25. LANDLORD'S RIGHT OF ACCES~. Lessee shall permit Landlord and its agents to enter
into and upon the Leased Premises at all reasonable times for the purpose of inspecting the same or
for the purpose of maintaining or making repairs or alterations after notice, except in case of
emergency. Landlord's entry shall not unreasonably interfere with the lawful operations of Lessee's
business.
26. ASSIGNMENT. Lessee, its successors and/or assigns may, upon receiving orior written
3ooroval from landlord, assign this Lease and/or sublet the Leased Premises, in whole or in part,
wherein there will be delivered to Landlord a duplicate original of the duly executed instrume'~t of
assignment and/or sublease, as the case may be, and in the event of an assignment of the lease, by
the terms of any such assignment, the assignee shall assume and undertake the performance of all of
the terms of the Lease;
ta) except with agreement between the parties, no assignment or sublease shall in any
way relieve, modify or extinguish the liability of any such assignor or sublessor, as the case may be,
or any of their predecessors in interest; and
(bl no fee or any other consideration shall be payable to Landlord tn connection with
16
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the as:ilgnment of the Lease or the subletting of the Leased Premises.
27. WAIVERS. One or more waiver of any covenant, condition, right or agreement herein
contained shall not be construed as a waiver af a further breach of the same covenant, condition, right
or agreement, and the consent or approval by Landlord to or of any act by Lessee requiring landlord's
consent or approval shall not be deemed to waive or render unnecessary Landlord' 5 consent or
approval to any subsequent similar act by lessee.
28. APPROVAL AND EXECUTION BY lANDLORD. This Lease shall not be binding on landlord
until approved and signed on its behalf by a duly authorized officer or representative. Commencement
or performance hereunder prior to such approval and signing shall in no way be construed as a waiver
by landlord of the foregoing requirements.
29. NON-COMPETITION. Landlord agrees that it shall not under any circumstances lease any
space in the leased premises to any business in competition with Lessee nor permit any competing
business to operate a similar business to Lessee's. Lessee's business is defined as a "sandwich type
shop" and is differentiated in the trade from a fine dining restaurant. Lessee may find it difficult to
prove economic losses for failure of Landlord to comply with this provision. Consequently, Lessee may
seek injunctive relief as an appropriate remedy.
30. LIENS. To the extent of the limitations set forth in paragraph 5 herein, Landlord shall pay
and settle all expenses and liabilities arising out of or in any way connected with any and all
construction. repairs, or alterations performed on the Leased Premises by or on behalf of Lessee, and
all liens of mechanics and materialmen, and all liens of a similar character, arising out of or growing
out of lessee's construction, repair and alteration of the leased Premises.
31. LAW. This Lease and the performance hereunder shall be governed by the laws of the
State of Florida.
32. l:IEADINGS. This instrument's paragraph headings are for quick reference and convenience
only and do not alter, amend or otherwise affect the terms, conditions, and agreements set out herein.
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33. ATTORNEY FEES. In the event of any judicial proceeding in connection with this Lease,
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the prevailing party shall be entitled to recover costs and reasonable attorney's fees from the other
party as fixed by the Court.
34. FORCE MAJEURE. If either party fails to perform any of its obligations under this Lease,
except for payment of rent, as a result of Force Majeure, such party shall not be liable for loss or
damage for the failure. and the other party shall not be released from any of Its obligations under this
lease. If either pany is delayed or prevented from performing any of its obligations as a result of Force
Majeure, except for payment of rent, the period of delay or prevention shall be added to the time herein
provided for the performance of any such obligation.
"Force Majeure" shall mean any period of delay which arises from or through acts of
God; strikes. lockouts. or labor difficulty; explosion. sabotage. accident. riot or civil commotion; act
of war; fire or other casualty; delays caused by the other party; and causes beyond the reasonable
control of a party.
35. BROKERS. The parties hereto represent and warrant to one another that they have not
dealt with any broker or finder in respect to the transaction contemplated hereby. Each party agrees
to indemnify and hold the other harmless from and against any and all1iability that any other party may
sustain or incur by reason of its breach of the foregoing representation and warranty. The parties are
aware that Joseph Benedettini is a real estate broker so licensed in the State of Florida.
36. CONFIDENTIALITY. Each party agrees to hold in confidence any proprietary Information
or trade secrets acquired from the other party during the term of this Lease.
37. PROTECTION OF TRADEMARKS. landlord and lessee agree that anything to the contrary
notwithstanding in the Lease, neither party conveys to the other the right to use its trademarks or trade
names.
38. LANDLORD'S WAIVER. Landlord hereby agrees to waive any rights to equipment
purchased or leased by Lessee for use in operating the Pickles Plus restaurant, subject to paragraph
5.
39. COOPERATION. Landlord agrees to execute and deliver upon the request of lossee any
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applications, in form and content reasonably acceptable to Landlord, required by any governmental
authority having jurisdiction thereunder to enable Lessee to make alterations or installations In and to
the Leased Premises and to erect and maintain any signs in, or about the Leased Premises as permitted
herein, and any documents, in form and content reasonably acceptable to Landlord, to acknowledge
ownership of any equipment lessor and/or any primary lien of any equipment financier, provided that
any fees, charges and expenses required in connection therewith be borne solely by Lessee.
Wherever by the terms of this Lease it is specifically provided that Landlord's consent
or approval be required or otherwise requested by Lessee, Landlord covenants that it will not
unreasonably withhold or delay any such consent or approval.
40. INTERFERENCE. Notwithstanding the provisions of any part of this Lease, Landlord shall
not (a) interfere with the visibility, ingress or egress of the Leased Premises, (b) disrupt Tenant's
business, (cJ reduce the usable area of the Leased Premises, (d) reduce the number of parking spaces
that currently exist at the Leased Premises, or Ie) expose any pipes, conduits, utility lines or wires in
the Leased Premises.
43. HAZARDOUS MATERIAL. Subject to the remaining provisions of this paragraph, Lessee
shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary
for Lessee's business, provided that such usage and storage is in full compliance with all applicable
local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and
administrative decisions). Provided that there is no unreasonable interference or interruption of
Lessee's operation or use of the premises, Lessor shall have the right at alt times during the term of
this Lease to (il inspect the Premises, tij) conduct tests and investigations to determine whether Lessee
is in compliance with the provisions of this Paragraph, and (iii) request lists of alt Hazardous materials
used and stored or located on the Premises. The cost of all inspections, tests and investigations shalt
be borne by Lessor unless the results indicate that Lessee is not in compliance with the provisions of
this Paragraph, in which event the cost shall be borne by Lessee. Lessee shalt give to Lessor
immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous
19
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Materials on the Promises, or in any common area or parking lots (if not considered part of the
Premises), caused by the acts of or omissions of Lessee, or its agents, employees, representatives,
invltees, licensees, subtenants, customers or contractors. Lessee covenants to Investigate, clean up
and otherwise remedy any spill, release or discharge of Hazardous Materials caused by the acts or
omissions of lessee, or its agents, employees, representatives, invitees, licenseos, subtenants,
customers or contractors at lessee's cost and expense; ~uch investigations, clean up and remediation
to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonable
withheld; provided, however, that lessee shall be entitled to respond immediately to any emergency
without first obtaining lessor's written consent. Lessee shall indemnify, deffJnd and hold Lessor
harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses,
suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultants
fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or
discharge of Hazardous materials ,on or about the premises caused by the acts or omissions of Lessee,
its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors.
Lessee shall not be entitled to install any tanks under, on or about the premises for the storage of
Hazardous materials without the express written consent of Lessor, which may be given or withheld
in Lessor's sold express written discretion. As used herein, the term "Hazardous Materials" shall mean
(i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminates, which
are or become regulated by all applicable local, state and federal laws, including but not limited to, 42
V.S.C. 6901 et sea, 42 V.S.C. 9601 ~, any Rule or Regulation of the Florida Department of
Environmental Regulation, and Florida Resource Recovery and Management Act, Chapter 403 of Florida
Statutes; (ii) petroleum; (iiil asbestos; (iv) pOlychlorinated biphenylis; and Iv) radioactive materials. The
provisions of this Paragraph shall survive the termination of this Lease.
42. ENTIRETY OF AGREEMENT. This Lease contains the entire agreement between the parties
relating to the subject matter hereof and may not be modified unless done 50 in a writing signed by
all the parties hereto.
20
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IN WITNESS WHEREOF, the undersigned have executed this instrument on the date set forth
below the signature lines.
Signed and Sealed in
the presence of:
THE CITY OF CLEARWATER, FLORIDA
By:
"landlord"
Date:
PICKLES PLUS TOO, INC.
BV:
"Lessee"
Date:
21
1_ L III ,EXHIBIT A a B '
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-.2ATlO" AREA I=tft-'- ~M ; ~ + !
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'rr+- 02 '. __ PATIO ~,./~{. , I I
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furnishings. approved by Landlord and Lessee. shall. upon City Commission approval. be attached to
this Lease as Exhibit "0". During the term of this lease, Lessee may replace or add an\-o sllch
equipment and furnishings necessary to maintain its facility and shall provide to Landlord written nutice
of such substitution or addition. In the event of early termination of the lease through no fault of the
Lessee, Lessee shall be compensated for the depreciated value of the "paicHn" amount of the
reimbursed expense of the equipment,
6. EXPANSION. Subject to space availablliw and In the event that the partios shall agree to
expand the leased premises, it is hereby agreed that any expanded area shall be subject to the same
terms and conditions as set forth in this Lease agreement.
7. SIGNAGE. During the term of this Lease, Lessee shall have the right to install and maintain
~ professionally made interior and exterior fascia signs depicting the Pickles Plus Name attached to the.
outside of the building subject to Landlord's Municipal Code requirements and location requirements.
~ All such signs shall. to the maximum extent possiblQ, be identical to Pickles PIllS standard signs, as
approved in Exhibit .. E". All such sionage shall be ramoved by Lessee at Lessee's expense within
.
fifteen (15) days after termination of this lease for any reason. The cost of the signage and
installation shall be in accordance with the provisions of Paragraph five (5) and shall become the
ownerShip of Lessee at the end of the initial five (5) year term.
8. U&E OF PREMISES. Lessee shall use the Leased Premises for the maintenance and
* operation of a delicatessen/restaurant to sell and deliver food and beverages which are GU&IDmary-of\-
* a similar to the Pickles Plus menu attached as Exhibit" F". Lessee shall be allowed to serve beer and
wine in conjunction with its food service. All food items may be sold for on-site or oft-site
consumption. Lessee shall not use the leased Premises for any other purpose. nor shall Lessee use
the leased Premises for any unlawful, offensive, hazardous, unsightly or other objectional purpose, and
Lessee agrees not to violate or permit any of its employees or invitees to violate any federal, state or
local law, regulation or ordinance.
Lessee shaH remain open for business during the hours of 8:30 a,m, to 7:00 p.rn., each
7
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day, Monday through Saturday, except for Christmas, Easter, New Year's, ThanksgIving and family
emergencies or deaths, and may also remain open during any additional hours that it determines is
appropriate, including Sunday operations and extended hours dependent upon Lessee's business needs
and to accommodate holiday traffic, trade show and other convention center activities. Landlord shall
provide Lessee with a calendar of events at least thirty (3m days in advance. Lessee's obligation shall
extend only to delicatessen Items similar to the menu Items (Exhibit "F") as provided by Lessee.
*
Lessee shall have the first right ef-feN6al to serve for food ~66 at all Harborview
Center first floor activities.
9. UTILITIES AND OPERATIONAL COSTS. Lessee shall fully and promptly pay for all water,
gas, heat, light, power, telephone service, ad valorem taxes, and other public utilitios of every kind
furnished to the Interior premises throughout the term of this lease, and all other costs and expenses
". of every kind whatsoever of or in connection with the use, operation, and maintenance of the premises
and all activities conducted on the premises. Landlord shall have no responsibility of any kind for any
of such costs and expenses. All such costs shall be either separately metered or easily ascertainable
as Lessee's expense, All expenses relative to the "patio area" which are associated with its lighting
and maintenance as an outdoor structural feature of the building shall be borne by Landlord. All
expenses relative to the "patio area" which are associated with the operation of the restaurant (water,
power, etc.) shall be borne by the Lessee.
, O. QUIET ENJOYMENT. For so long as Lessee is not in default under this Lease, Landlord
shall insure that Lessee shall have quiet and peaceable enjoyment of the Leased Premises and will not
be disturbed.
11. MAINTENANCE AND REPAIRS. All repairs and maintenance to keep the Leased Premises
in good condition (normal wear ,md tear excepted) and broom-clean shall be performed by Lessee at
its own cost and expense. landlord shall be responsible for all repairs and maintenance of the building
'structure, roof, plumbing and electric to the leased premises, paved and parking areas, HVAC and any
other expenses relating to common areas not within the control of the Lessee.
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the assignment of the lease or the subletting of the leased Premises.
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27. WAIVERS. One or more waiver of any covenant, condition, right or agreement herein
contained shall not be construed as a waiver of a further breach of the same covenant, condition, right
o,r agreement, and the consent or approval by landlord to or of any act by lessee requiring landlord's
consent or approval shall not be deemed to waive or render unnecessary landlord's consent or
approval to any subsequent similar act by lessee.
28. APPROVAL AND EXECUTION BY LANDLORD. This Lease shall not be binding on Landlord
until approved and signed on its behalf by a duly authorized officer or representative. Commencement
or performance hereunder prior to such approval and signing shall in no way be construed as a waiver
by landlord of the foregoing requirements.
29. NON-COMPETITION.' landlord agrees that it shall not under any circumstances lease any
space in the leased premises to any business in competition with Lessee nor permit any competing
business to operate a similar business to Lessee's, Lessee's business is defined as a "sandwich type
*' shop" and is differentiated in the trade from a f.fRe dining restaurant. lessee may find it difficult to
prove economic losses for failure of Landlord to comply with this provision. Consequently, lessee may
seek injunctive relief as an appropriate remedy;
30. UENS. To the extent of the limitations set forth in paragraph 5 nerein, Landlord shall pay
and settle all expenses and liabilities arising out of or in any way connected with any and all
construction, repairs, or alterations performed on the Leased Premises by or on behalf of Lessee, and
all liens of mechanics and materialmen, and all liens of a similar character, arising out of or growing
out of Lessee's construction, repair and alteration of the Leased Premises.
31. LAW. This lease and the performance hereunder shaH be governed by the laws of the
State of Florida.
32. HEADINGS. This Instrument's paragraph headings are for quick reference and convenience
only and do not atter, a~end or otherwise affect the terms, conditions, and agreements set out herein.
33. ATTORNEY FEES. In the event of any judicial proceeding in connection with this Lease,
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applications, in form and content reasonably acceptable to landlord, required by any governmental
authority having jurisdiction thereunder to enable Lessee to make alterations or installations in and to
the leased Premises and to erect and maintain any signs in, or about the Leased Premises as permitted
herein, and any documents, in form and content reasonably acceptable to landlord, to acknowledge
ownership of any equipment lessor and/or any primary lien of any equipment financier, provided that
any fees, charges and expenses required in connection therewith be borne solely by Lessee.
Wherever by the terms of this bea&& DaraorBoh It is specifically provided that landlord's
consent or approval be required or otherwise requested by Lessee, landlord covenants that it will not
unreasonably withhold or delay any such consent or approval.
40. INTERFERENCE. Notwithstanding the provisions of any part of this Lease, landlord shall
not la) interfere with the visibility, ingress or egress of the leased Premises, Ib) disrupt Tenant's
business. Ic} reduce the usable area of the Leased Premises, Id) reduce the number of parking spaces
that currently exist at the leased Premises, or Ie} expose any pipes, conduits, utility lines or wires in
the Leased Premises.
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43. HAZARDOUS MATERIAl. Subject to the remaining provisions of this paragraph. Lessee
shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary
for Lessee's business, provided that such usage and storage is in full compliance with all applicable
local, state and federal statutes, orders, ordinances, rules and regulations {as interpreted by judicial and
administrative decisions}. Provided that there is no unreasonable interference or interruption of
lessee's operation or use of the premises, Lessor shall have the right at all times during the term of
this lease to (i) inspect the Premises, Iii) conduct tests and investigations to determine whether lessee
is in compliance with the proviSions of this Paragraph, and (iii) request lists of all Hazardous materials
used and stored or located on the Premises. The cost of all inspections, tests and investigations shall
be borne by Lessor unless the results indicate that lessee is not in compliance with the provisions of
this Paragraph, in which event the cost shall be borne by Lessee. Lessee shall give to Lessor
immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous
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CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FLORIDA 34618~4748
City Commission
MEMORANDUM
FROM:
Mayor t Commission }
//t,/,
July 25, 1995 ~ 'f..,
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Restaurant Comparison at HarliofView Center
TO:
DATE:
SUBJECT:
COMPARISON OF
RESTAURANTS AT HARBORVIEW
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City Manager
------------------------------------------------------~--~~-~.---------_________________________~__~~~_~M~.WH_~~_.~_
PICKLES PLUS
2,500 Square Feet
$10 Per Square Foot Rent
$2 Per Square Foot Common Area Maintenance
$4 Per Square Foot Pay Back for
leasehold Improvements Without Interest over Ten
Years
. $100,000 leasehold Impr~vement
CLEARWATER'S AT HARBORVIEW
4,500 Square Feet
$3.55 Per Square Foot Rent
$2 Per Square Foot Common Area Maintenance
$5.78 Pay Back which Includes 6% Interest for
leasehold Improvements over Twenty Years
$300,000 leasehold Improvement
$16 per square foot plus 3% Increase per year
plus percentage of sales over $575,000 leaseholds
paid In ten years.
$11.35 per square foot wlo annual Increases and
twenty years to pay back leasehold ImprovGments
plus percentage of sales over $1,500,000.
In addlUon, this HarbolVlew Restaurant receives a
$150,000 paId for kitchen to be used for catering
purposes In the upstairs conference center.
Additional dollars have not been established for
providing dishes, glassware, flatware, etc.
It appears that we are giving Pickles Plus Restaurant, not including pay back for leasehold
improvements, a rent of $12 per square foot. They also have a 3% increase per year plus
a cost of living index increase when renegotiating their five year renewal. We also receive
a percentage of the sales over $575,000 in restaurant revenue.
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July 25, 1995
Restaurant Comparison at Harborview Center
Page 2
The numbers are quite different for the upstairs restaurant. It looks like we are charging
them $5.55 per square foot for rent and common area maintenance, less than half of what
we are charging the downstairs restaurant. There is no annual increase in the rent. There
is no cost of living index increase in renewing the lease over a twenty year period. There
Is, however, a 4% premium on sales over $1,500,000. We are, however, putting in over
$300,000 worth of leasehold improvements, three times what we are doing for Picldes
Plus. When you break down the analysis, we are charging 35% less rent than for the first
floor and giving 300% more in leasehold improvements not counting the bonus of the
$150,000 catering kitchen.
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\l What bothers me the most is that city staff does not present the City Commission with an
analysis when it comes to the numbers on what we are doing when we lease city property.
We received the latest proposal ten minutes before the Commission meeting began, and
I doubt very seriously that anyone on the Commission, including myself, truly understood
the numbers, especially in relationship to what we have done with the other restaurant on
the first floor. I knew it was a bad business deal that night when I, cast my lone opposing
vote. 1 didn't know how bad un'tiIl had a chance to reanalyze the numbers. You all can
now look at the numbers, and maybe you still don't think any differently. That's okay.
That's what democracy is all about. But at least you now know the numbers.
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a A Clearwater City commission
C\ S "-L-- Agenda Cover Memorandum
47
Itl!l1l II
MeetIng Dote:
'3',3. 5
SUBJECT:
CLEARWATER GAS SYSTEM TARIFF REVISIONS
RECOMMENDATION/MOTION:
Pass on first reading Ordinance No. 5887-95 approving new gas utility rates
with Phase I to become effective for all billings rendered on or after October
1, 1995, and Phase II to become effective for all billings rendered on or after
October 1, 1996, and approve Commission policy changes regarding the Gas
System's utility support and Interfund Administrative Charge contributions to
the City'S General Fund
~ and that the approprIate officiaLs be authorized to execute some.
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BACKGROUND:
The attached Executive Summary provides an overview of the most significant
aspects of the rate study performed by. Coopers & Lybrand LLP and the key
recommendations made by the Clearwater Gas System (eGS) Managing Director. For
more detailed information, please see the "Clearwater Gas System Gas Rate Case"
book dated August, 1995.
In particular, the action items requested for ordinance approval by the
Commission are:
1. Approve a revised Index for Appendix A of The Code of Ordinances of the
City of Clearwater as shown behind Tab B of the CGS Rate Case Book in
order to separate the eGS tariff from the other city public works utility
tariffs.
2. Approve changes to the "utilities - General & Deposits" section of
Appendix A of the Code as shown behind Tab C of the eGS Rate Case Book to
better describe several aspects of eGS's operation and to provide for CGS
deposit flexibility to improve competitiveness.
3. Approve changes to the "Public Works utility Fees, Rates and Charges"
section of Appendix A of the Code as shown behind Tab 0 of the CGS Rate
Case Book to extract the sections dealing with the CGS out of the public
works tariffs.
Reviewed by: ~ Originating Ilcpt: ~ Costs: S N/A Commission Action:
Legal CLearwater Gas systemC!.>V' Total 0 Approved
Budget N/A 0 Approved w/condltlons
Purchasing NIA S "fA
Risk Hgmt. NfA Current Fiscal Yr. 0 Denied
CIS N/A User Dcpt: 0 Continued to:
ACH Clearwater Gas System Flrtding Source:
Other F \ nI~nce 0 Capl tal I"".
Advertised: 0 Operating Attachments:
Date: 0 Other Executive Summary
Paper: Ordinance No. 5887-95
Qi2 Not Rcqui red CGS Rate Boo\o:
Staitted bY.: A Affected Parties Appropriation code:
~tl~t..*,-~i..(c. ~) 0 Notified 0 None
EilI Not Rcqul red
City anagl!r '
.~ l-~
~~ Printed on reeye ~ paper
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4. Approve comprehensive changes to the "Clearwater Gas System Fees, Rates
and Charges" section of Appendix A of the Code as shown behind Tab E of
the CGS Rate Case Book to become effective for all billings rendered on or
after october 1, 1995.
5. Approve certain changes to the "eGS Tariff" section of Appendix A of the
Code as shown behind Tab F of the CGS Rate Case Book to become effective
for all billings rendered on or after October 1, 1996.
In addition, it is requested that the commission approve the following policy
changes:
6. Approve commission policy changes regarding the utility Support
contributions and the Interfund Administrative Charges as shown behind Tab
G of the eGS Gas Rate Case Book to become effective for payments made in
fiscal year 1995/1996.
In summary, this rate case recommendation is industry-based and responsive to
the competitive challenges that can be expected for the foreseeable future.
The rates are cost-based and reflect a fair allocation of expenses to the
appropriate customer classes. The proposed gas tariff should provide a more
healthy structure to insure the growth potential of the Clearwater Gas system
while providing an adequate growth in dividend return to the City of Clearwater
to help offset the city's ad valorem tax rates (current impact is about 0.5
mill).
III
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EXECUTIVE SUMMARY OF THE
CLEARWATER GAS SYSTEM ~TE CASE
.
The utility Advisory Services Group of the respected accounting firm of
Coopers & Lybrand LLP was retained to review the appropriateness of the
Clearwater Gas System (CGS) current rate structure and propose a more
modernized customer rate structure that is based on the "cost of
service" for each customer class and is responsive to the increasing
competitive nature of the gas industry.
The recommendations contained herein provide a comprehensive overhaul of
the entire CGS tariff including rates for the newer technologies such as
gas air conditioning, alternate fuel vehicles, gas transportation
alternatives, etc. The rates provide for monthly customer charges to
recover the cost of the servicing of the account and providing a
readiness to serve plus fixed tariff non-fuel energy charges which are
based on the cost" to serve each customer class. The tariff also
provides for more flexible purchased gas, energy conservation,
environmental imposition, and weather normalization adjustments which
are designed to track and recover on-going eGS costs.
The overall effect of these proposed gas rate changes is a projected
increase of $~.O Million annually or about an 8% overall increase. A
projected $500,000 rate increase had been originally projected in the
CGS 1993 - 2000 strategic Plan which was presented to and approved by
the city Commission on August 10, 1993. The last gas rate tariff
changes were implemented in 1985. Since that time the Consumer Price
Index (CPI) has increased about 43%. The current strategic growth rate
for Pinellas County is incorporated into these rates; however 1 the
impact of pasco County strategic growth was not included in this study.
The impact of Pasco strategic growth is proposed to be recovered through
increased sales, efficiencies of scale, and more complete utilization of
capacity.
The recommendation incorporates a phased-in transition plan for cost of
service-based rates which proposes a Phase I implementation (full rate
relief) for bills rendered on or after october 1, 1995, and a Phase II
change in rates (which is revenue neutral) for bills rendered on or
after October 1, 1996. Phase III Which reflects the full "cost of
service" based rates for each customer class is not scheduled to be
implemented at this time, but rather the recommendation proposes to
allow for downward-only shifts based on future efficiency improvements
and/or a subsequent overall rate review (see section H, page 35).
Please note that, in general, residential rates which are more costly to
provide on a per unit basis are proposed to be increased while
commercial/industrial rates which are less costly to provide on a per
unit bas is and are more competitive are proposed to decrease (see
Section H, page 5). current, rates provide a flat rate per therm for all
firm customer classes.
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EXECUTIVE SUMMARY (continued)
The recommendation also provides for increases in ancillary service
Charges based on "cost of service. II Most notable is the increase in the
on-site labor rates for one (1) and two (2) person crews inclUding
vehicle and travel time from $26/$52 to $40/$72, respectively. These
labor rates are based on a more accurate accounting of available daily
billable hours and are more in line with other utilities and local
competitive service industries (see Section H, page 39).
The recommendation also shifts from the previously Commission-approved
concept of "discount gas ratesU to handle more competitive customer
situations (to preserve or acquire a prOfitable customer) to a "contract
gas rates" concept which is more common to the industry and more in line
with our bond covenants. We also propose to pull the Florida Gross
Receipts Tax (GRT, 2.564% effective rate) fully out of base rates and
display the full amount on ~he customer bill as is common with other
utilities.
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Finally, the recommendation proposes to implement a 6% Payment in Lieu
of Taxes (PILOT) on all natural gas sales in the city of Clearwater only
and recover this from the city of Clearwater customers similar to a
franchise charge in the other CGS communi ties. This is a proposed
change from the current commission policy of billing a 4.5% PILOT on all
CGS revenues (inside and outside of the city of Clearwater and including
LP, appliance, and other revenues). This, in effect, will shift about
$250,000 out of base rates and recover it directly from the city rate
payers which will place the City's customers on a similar basis with
customers in other CGS municipal jurisdictions. This is coupled with a
proposed Commission policy change to change the dividend payment from a
minimum of $1.0 Million per year to $1.25 Million per year so as to make
the City of Clearwater whole for the approximate $500,000 current annual
PILOT payment level.
In summary, this rate case recommendation is industry-based and
responsive to the competitive challenges that can be expected for the
foreseeable future. The rates are cost-based and reflect a fair
allocation of expenses to the appropriate customer classes. The
proposed gas tariff should provide a more healthy structure to insure
the growth potential of the Clearwater Gas System while providing an
adequate growth in dividend return to the city of Clearwater to help
offset the City' s ad valorem tax rates (current impact is about 0.5
mills).
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ORDINANCE NO. 5887-95
AN ORnXNANCE OF THE CITY OF CLEhRWATER,
FLORIDA" RELATING TO UTILITIES; AMENDING
APPENDIX A - SCHEDULE OF FEES, RATES AND
CHARGES OF THE CODE OF ORDINANCES OF THE CITY
OF CLEARWATER TO PROVIDE NEW GAS RATES AND
SERVICE CHARGES FOR THE CLEARWATER GAS SYSTEM;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current base gas rates and service charges of the
Clearwater Gas System have been effective for ten (10 ) years; and
WHEREAS, inflation has increased the cost of providing overall
gas service and competition in the energy field has necessitated a
review of the gas rate structure; and
WHEREAS, the accounting firm of Coopers & Lybrand L.L.P. was
retained by the city to study these gas rates and service charges
and to.propose a more modern structure of rates which recovers from
each customer class the appropriate cost to serve that class; and
WHEREAS, it is determined to be fair and reasonable to adopt
the recommendations of Coopers & Lybrand and the Clearwater Gas
System to establish gas rates and service charges based on the cost
to serve the various classes of customers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
section 1.
That Appendix A - Schedule of Fees, Rates and
Charges of the Code of Ordinances of the city of Clearwater is
hereby amended as shown in Attachment 1 to make changes throughout.
section 2.
That Appendix A - Schedule of Fees, Rates and
charges of the Code of ordinances of the city of Clearwater is
hereby amended as shown in Attachment 2 to include a new Section
XXVI. Clearwater Gas System Fees, Rates and Charges.
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section" 3.
Should any section, paragraph, sentence or word
of this ordinance be declared for any reason to be invalid, the
same shall not affect the validity of the ordinance as a whole, or
any part thereof other than the part declared to be invalid.
section 4.
All ordinances or parts of ordinances in
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conflict herewith are to the extent of such conflict hereby
repealed.
section 5.
This ordinance shall become effective upon
adoption and shall be applicable for all gas bills and services
rendered on or after October 1, 1995.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Conmissioner
Attest:
Cynthia E. Goudeau
city Clerk
Approved as to form and
legal sufficiency:
Pamela K. Akin
City Attorney
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IL.
III.
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VII.
VIII.
IX.
L.
XL.
XII.
XIII.
XIV.
XY..:..
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXIII.
XXIV.
XXV.
XXVI.
XXVII.
XXVIII.
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APPENDIX A
ATTACHMENT 1
SCHEDULE OF FEES, RATES AND CHARGES*
Adult Uses . . . . . . . . w . . . . . . . . .
Amusements . . . . . . . . . . . . . . " . . .
Animals . . . . . . . . . . II . . . . . . . . .
Bathhouses and Massage Establishments . . . . .
Buildings and Building Regulations . . . .
Cemeteries . . . . . . . . . . . . ..
Erosion and siltation Control . . . . . . . . .
Land Development . . . . . . . . . . . . . . .
Fire Department Training Facility . . . . . . .
Library . . . . . . . . . . . . " " . . . " " .
Parks, Beaches, Recreation . . . . . . . . . .
Peddlers, Solicitors and Canvassers . . . . . .
Police Department . . . . . . . . . . . . . . .
Public Transportation Carriers . . . .
R7creation and Open Land Space Dedication . . .
S J..gns .., . . .. . . . . . . . . . . . . ... 'III " . .
site Plans, SUbdivision Plats, Land Use Plan and
Zoning Atlas Amendments, Conditional Uses, Variances,
and certain continuances .. . . . . . . . . .
special Land Uses . . . . . . . . . . . . . . .
Streets, Sidewalks, other PUblic Places . . . .
Taxation and Other Fees . . . . . . . . . . . .
Traffic and Motor Vehicles . . . . . . . . . .
Transportation Impact Fee . ........
Tree Protection . . . . . . . . . . . .
utilities - General Information & Deposits . .
Public Works utility Fees. Rates and Charqes
Clearwater Gas System Fees. Rates and Charqes
Waterways and Vessels . . . . . . . . . . . . .
Occupational License Fees . . .. .....
OLD-NEW
CDA:3 - 2
CDA:3 2
CDA:3 - 2
CDA:3 - 2
CDA: 3 - 3
, CDA: 8 - 9
CDA: 9 - 9
CDA:9 - 9
CDA:11 - 12
CDA:l1 - 12
CDA:11 - 12
CDA:14 - 15
CDA:14 - 15
CDA:15 - 16
CDA:15 - 16
CDA:15 - 17
CDA:15 - 17
CDA:17 - 19
CDA:17 - 19
CDA:18 - 20
CDA:18 - 20
CDA:19 - 21
CDA:19 - 21
CDA:19 - 22
CDA:?? - 24
CDA:?? - 47
CDA:40 - 47
CDA:?? ??
*Editor's note -- The schedule in this appendix contains all of the
fees, rates and charges, except for taxes, which are required in this Code of
Ordinances and/or by resolution.
Cross reference -- Occupational license fee schedule, S 29.58.
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ATIACHMENT 1
APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES
Subj~ct
Amount
1. ADULT USES:
(1)
Application fee for certificate of compliance or provisional certificate of compliance
$ 50.00
(2) Application fee for adult use license:
(a) Nonrefundable fee; if approved, fee will be credited to annual adult use license fee 100.00
(b) Fee for each additional adult use classification; if approved, fee will be credited to annual
. adult use license fee 25.00
(c) Investigation fee for each individual listed in the application pursuant to Section
41.522(2)(h}, City Code 25.00
(3) Annual adult use license fee:
(a) Adult theaters ($175.00 of fee payable to Pin~lIas County Public Health Unit
(b) Other adult use classifications
(e) Each additional adult use classification
(Res. No. 93M74, ~ I, llMI8-93)
XL. AMUSEMENTS:
475.00
300.00
50.00
Coin-operared amusement devices:
(l)
(2)
Storage and hauling charge for seizure, per machine (~ 7.26)
$ 10.00
Permit fee, per location (9 7.42)
10.00
llL. ANIMALS:
Beekeeping:
(l)
(2)
Pemlit fee (fi 8.61)
5.00
Renewal fee (s 8.62)
2.00
IV. BATHHOTJSES AND MASSAGE ESTABLISHMENTS:
Bathhouses:
Establishment permit fee (9 9.32)
(1)
(2)
10.00
Bath technician permit fee (9 9.37)
25.00
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ATI'ACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~C1
Amount
~ BUILDINGS AND BUILDING REGULA nONS (~ 47.087):
Pennit fees and charges:
(1) Pennits andfees, in general,' exceprions:
(a)
(b)
(e)
(d)
(e)
Permits are not required for carpeting, painting, wallpapering, tile, paneling over existing walls,
and floor tile, nor where the valuation of labor, materials, and all other items dOe3 not exceed
$500.00 and the work or operation is of casual, minor, inconsequential nature, and does not
violate any city codes or ordinances, or is exempt pursuant to Chapter 75489. Laws of Plorida
(Special Acts). Section 25.
Valuations for new construction and additions shall be based on the current Southern Building
Code Congress International's valuation tables. Other permits shall be based on contract value.
The building official may request a copy of signed contract if the value presented does not appear
to be in line with other permits of like work.
Where no fee is stated, the same shall not be interpreted as an intention to waive any requirement
for a permit that may be stated elsewhere in the city's Code of Ordinances.
Demolition permits shall be issued at the fee set forth in this fee schedule. However, no fee shall
be required when the building or structure has been declared a hazard to public safety or welfare
by the building official.
Prior to starting any electrical, gas, plumbing, mechanical, roofing or other work under a
combination permit, the contractor or the subcontractor engaged to do the work shall file with
the building services division a form showing the name and certification number of the
subcontractor doing the work, the subcontractor's Clearwater license number or occupational
license registration number, the number of the combination permit, the address where the work
is to be done. and other related information as may be required by the building services division.
Failure to file such form or provide such information shall be just cause for the refusal of
inspection services, the issuance of a correction notice, and the assessment of the appropriate fee.
. .
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with building and related
codes not requiring a combination permit, the following schedule of fees shall apply:
(a) Plan review fees:
1.
2.
Building permit fee estimate
Consultation or special service fee, per hour
25.00
50.00
(b) Plans examination fee:
I.
1.
Multifamily and commercial, valuation:
a. $50,000.00 or less
Plus, per $1,000.00 of value or fractio thereof
12.50
3.00
162.50
b. Greater than $50,000.00, but not exceeding $250,000.00
Plus. per $1,000.00 of value or fraction thereof
in excess of $50,000.00
2.50
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AITACHMENT 1
APPENDIX A-SCHEDULE OF FEESt RATES AND CHARGES
Subject
c. Greater than $250,000.OOt but not exceeding $500,000.00
Plus, per $1,000.00 of value or fraction thereof in eltcess of $250,000.00
d. Greater than $5oo,000.OOt but not exceeding $750,000.00
Plust per $1,000.00 of value or fraction thereof in excess of
$500,000.00
e. $750tOOO.00 or greater ,
Plus, per $1,000.00 of value or fraction thereof in eltcess of
$7~0,OOO.00
2.
3.
'One- or two-family residential building, per buHding
For multiple identical single-family or two-family buildings in the same
project:
a.
First building
Each additional building
b.
4.
Zoning plan r.eview for new one- and two-family; additions, remodeling,
or new multifamily or commercial structures, per application
Flood zone review, for structures located in flood zones A or Vt per
application . ."
Threshold structures, per structure
5.
6.
(c) Plan amendments:
2.
3.
1.
Change to permitted plans, per hour
Minimum fee
Duplicate permit placards, each
Change of contractor, per contractor
(d) Certificates of occupancy:
\ ~
1.
2.
3.
4.
One- or two-family dwelling, per unit
Multifamily and commercial, per application
Conditional certificate of occupancy, per condition
Replacement or additional copy, except one- or two-family dwelling
(e) Special inspections:
2.
(t) Refunds:
1.
Change of use or HRS inspections, per trade
Maximum fee
After hours, weekends, per hour, per inspection
Minimum fee, per inspection
1.
Permits under $30.00, unless issued in error by city
-4-
Amount
662.50
2.00
1,162.50
1.50
1,537.50
1.00
75.00
75.00
25.00
25.00
25.00
50.00
50.00
50.00
25.00
25.00
10.00
25.00
25.00
25.00
30.00
60.00
50.00
100.00
No refund
ATTACHMENT 1
APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES
Subjed
Amount
Work has commenced, or permit is over 90 days old No refund
All other permits Refund of fee paid, less $30.00 or one-
half the fee, whichever is greater, to be
retained by the city
2.
3.
(g) Permit fees:
1. . Per structure valuation:
a. $50,000.00 or less
Plus, per $1,000.00 of value or fraction thereof
b. Greater than $50,000.00, but not exceeding $250,000.00
Plus, per $1,000.00 of value or fraction thereof in excess of
$50,000.00
c. . Greater than $250,000.00, but not exceeding $500,000.00
Plus, per $1,000.00 of value or fraction thereof in excess of
$250,000.00
d. Greater than $500,000.00, but not exceeding
$750,000.00
Plus, per $1,.000.00 of value or fraction thereof in excess of
$500,000.00
e. $750,000.00 or greater
Plus, per $1,000.00 of value or fraction thereof in excess of
$750,000.00
>.,
,
. 25.00
6.00
325.00
5.00
1,325.00
4.00
2,325.00
3.00
3,075.00
2.00
2. This fee applies to the following types of permits, with additional costs of $30.00 per
trade as noted. Combination permits, sub trades (involve at least two of the following:
building, electric, plumbing, mechanical, roofing and gas):
Building only
Electrical only
Mechanical (may require electrical)
Gas only
Roof only
Aluminum structures (may require electrical)
Aboveground fuel tanks
Asbestos abatement
MS-
".
Subj~C1
" !
i
. I
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Amount
Carports
Davits (may require electrical)
Decks
Docks (may require electrical)
Driveways
Plus, for right..of-way permit
5.00
Fire alarms
Fire suppreSsion systems
Fireplace
Fences
Hoods
Ynground swimming pools (also require electrical and plumbing)
Lawn sprinklers
Parking lots
Remarciting
Satellite dish (may require electrical)
Seawalls
Security alarms
Siding, soffit and fascia
Signs (may require electrical)
Sheds
Slabs
Solar heaters and panels
Spas (also requires electrical and plumbing)
-6-
"
AITACHMENT 1
APPENDIX A*SCHEDULE OF FEES, RATES AND CHARGES
.'
Subj~ct
Amount
Underground fuel tanks (removal, replacement or new installation)
Walls (privacy and retaining)
(h) Miscellaneous permits:
1. Mobile home, mobile office, construction trailer, sales trailer, etc.
a.
Building permit (tiedown and site placement)
Electrical permit
Gas permit
Plumbing permit
Mechanical permit
30.00
30.00
30.00
30.00
30.00
b.
c.
d.
e.
2.
3.
4.
Temporary power pole, not in conjunction with combination permit
Tent permit (may require electrical)
Demol ition permit
Plus, per square foot in excess of 1,000 square feet
(No fee charged when demol ition is ordered by city)
30.00
30.00
50.00
0.05
5. House move:
a.
b.
Application
Pre inspection
Plus, per mile outside city
Remodeling permit, for setting house on lot, per violation:
40.00
50.00
0.30
c.
(i) $50,000.00 or less
Plus, per $1,000.00 of value or fraction thereof
25.00
6.00
(ii) Greater than $50,000.00, but not exceeding
$250,000.00
Plus, per $1,000.00 of value or fraction thereof in
excess of $50,000.00
325.00
5.00
(iii) Greater than $250,000.00, but not exceeding
$500,000.00
Plus, per $1,000.00 of value or fraction thereof in
excess of $250,000.00
1,325.00
4.00
(iv) Greater than $500,000.00, but not exceeding
$750,000.00
Plus, per $1,000.00 of value or fraction thereof in
excess of $500,000.00
(v) $750,000.00 or greater
Plus, per $1,000.00 of value or fraction thereof in
excess of $750,000.00
2,325.00
3.00
3,075.00
2.00
-7-
. 1
"
.1
ATIACHMENT 1
APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES
Subject
6.
7.
Swimming pool permit, aboveground pool
Recertification of electrical service
(i) Special fees:
1. Work not ready for inspection (reinspection fee):
a.
First occurrence
Second or subsequent occurrence
b.
2. Fotlowup on permit:
Amount
30.00
30.00
25.00
60.00
I
I
a. Failure to request inspections
b. Minimum fee
50% of permit fee
30.00
3.
After-the-fact permit:
Triple permit fee
a. First occurrence
b. Second or subsequent occurrence by same contractor,
any job site in city
10 times permit fee
(3) As used in these fee schedules, "combination permiCo means a permit for construction
privileges, conditions and restrictions of a building permit. electrical permit, gas permit,
plumbing permit, mechanical permit, and roof permit (or some combination thereot), for
which proper approval has been granted by the city and for which proper fees have been
paid.
Filing fees for appeals. Any application for an appeal to the construction/flood board of adjustment and
appeals, the city manager, or the city commission as provided for in chapter 47 shall be filed with the
building official, accompanied by a filing fee as follows:
(1)
(2)
(3)
Appeal to the construction/flood board of adjustment and appeals
Appeal to the city manager
Appeal to the city commission
Development impact fees:
(1) For all new buildings and structures, the applicant shall at the time the building permit
is issued pay a development impact fee as follows:
(a)
New residential structures, single-family, apartment, condominium or
mobile home, per unit
New commercial structures, for each 2,500 square feet of floor area or
fraction thereof
New industrial structures, for each 5,000 square feet of floor area or
fraction thereof
(b)
(e)
-s-
125.00
50.00
125.00
250.00
250.00
250.00
.
"u.-.. .,"
h1TACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subject Amount
(d) New hotel or motel facilities:
1.
2.
Per unit
Commercial area other than units, for each 2,500 square
feet of floor area or fraction thereof
250.00
250.00
11
i
I
j
(2) The funds derived from these fees shall be deposited in a special account to be used
exclusively for the construction of roads, public transit facilities and storm drainage in
the city, including actual construction costs, acquisition of right-of-way, the construction
of sidewalks, curbs, drainage structures and signal installations.
(Ord. No. 5120, ~ 3, 8-15-91)
VI. CEMETERIES:
Purchase and conveyance of lots (9 11.02):
(1)
Prices:
(a) Infant space
(b) Adult space
(c) U m space
Fees:
(a) Staking fee:
125.00
500.00
125.00
(2)
.oi
1.
2.
Weekdays
Saturdays, Sundays, legal holidays
30.00
50.00
(b)
Consent to transfer of ownership, plus recording fee
(c) Recording fee, deed or consent to transfer
25.00
As provided by law
VII. EROSION AND SILT A nON CONTROL:
Fees for land clearing and grubbing permits are as follows (~ 50.21):
(1)
(2)
(3)
Land clearing and grubbing permit
10.00
Reinspection fee; per additional inspection
25.00
Special inspection fee
25.00
These fees shall be paid prior to the issuance of permits, and such fees shall be nonrefundable.
(Res. No. 86-9, ~~ 1, 2, 2~-86)
VIII. LAND DEVELOPMENT:
-9-
'--
c..:; '.. ~
A1TACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES.
Subj~ct
AmOUn/
There is hereby established the following fees and charges relating to review and processing of site plans,
land use plan and zoning atlas amendment') and subdivision plats, conditional uses, variances, appeals,
continuances, concurrency reviews and concurrency reviews, and development agreement reviews:
Site plan review (U 43.21-43.25):
(1)
Base charge for each site plan
Plus for each acre or fraction thereof
..
790.00
55.00
(2)
(3)
Revalidation of a certified site plan
150.00
Site plan amendment after certification (9 43.51)
150.00
(4) Transfer of development rights (9 42.06):
(a)
(b)
With formal site plan review
Without fonnal site plan review
150.00
350.00
Subdivision plat review (~fi 46.31-46.38):
I
; .
(3)
Subdivision plat amendment after certification, prior to recording
890.00
" 30.00
55.00
55.00
150.00
No charge
365.00
(1) Base charge for each preliminary subdivision plat
Plus for each lot included on the plan
(2) Revalidation if a certified preliminary subdivision plat
(4) Administrative lot division
Annexation (937.05) and initial zoning and land lIse requests:
(1) Development agreement review
Land Use Plan (9 36.066) and zoning atlas (~ 40.673) amendmenr requests:
(1) Base charge for each application for amendment of the zoning atlas 475.00
Plus for each county land use plan amendment 200.00
(2) Base charge for a zoning amendment and city land use plan amendment on the same property 685.00
(a)
(b)
Plus for each county land use plan amendment
Plus for each property three acres or greater in size requiring state approval
100.00
200.00
Variance or conditional use applications:
(1) Variances:
(a) Sign variances involving existing legal but nonconforming sign (9 44.09) (see also
-10-
.
ATIACHMENT 1
APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES
Subj~ct
Amount
There is hereby established the following fees and charges relating to review and processing of site plans,
land use plan and zoning atlas amendments and subdivision plats, conditional uses, variances, appeals,
continuances, concurrency reviews and concurrency reviews, and development agreement reviews:
Site plan review (9~ 43.21--43.25):
(1)
Base charge for each site plan
Plus for each acre or fraction thereof
790.00
55.00
(2)
(3)
Revalidation of a certified site plan
150.00
Site plan amendment after certification (9 43.51)
150.00
(4) Transfer of development rights (9 42.06):
. (a)
(b)
With formal site plan review
Without formal site plan review
150.00
350.00
Subdivision pial review (9~ 46.31-46.38):
(1)
(2)
(3)
(4)
Base charge for each preliminary subdivision plat
Plus for each lot included on the plan '
890.00
30.00
Revalidation if a certified preliminary subdivision plat
55.00
Subdivision plat amendment after certification, prior to recording
55.00
Administrative lot division
150.00
Annexa/ion f9 37.05) and initial zoning and land use requesrs:
(1)
No charge
Development agreement review
365.00
Land Use Plan (9 36.066) and zoning atlas (g 40.673) amendment requests:
(1)
(2)
Base charge for each application for amendment of the zoning atlas
Plus for each county land use plan amendment
475.00
200.00
Base charge for a zoning amendment and city land use plan amendment on the same property
685.00
(a)
(b)
Plus for each county land use plan amendment
Plus for each property three acres or greater in size requiring state approval
100.00
200.00
Variance or conditional use applications:
(1) Variances:
-
(a) Sign variances involving existing legal but nonconforming sign (g 44.09) (see also
-10-
A TI' ACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~C1
Amount
SIGNS)
50.00
For variance requests for which a continuance is required at the request of the applicant
or due to the applicant's failure to provide sufficient information for consideration of the
variance, an additional fee of $50.00 for each continuance shall be required.
(b) Other variances for residentially zoned properties (945.22)
(c) Other variances for nonresidentially zoned properties (~ 45.22):
1. Single variance request
2. Any additional request for variance with respect to the same property or
contiguous properties by the same owner
200.00 . I
:1
: I
475.00
55.00
475.00
55.00
210.00
(2) Conditional use (9 41.031)
(a) Plus any additional request for conditional use with respect to the same property or
contiguous properties by the same owner
(b) Plus for alcoholic beverage sales requests
bxception A: Requests involving transfers of business ownership for which a conditional use permit has
previously been issued 350.00
-Exception B: Requests involving package sales of alcoholic beverages for indoor retail sales uses selling
alcoholic beverages as an accessory use and which either: (a) contain a minimum of 25,000 square feet
of gross floor area; or (b) sell alcoholic beverages only as part of a gift set in which the value of the
alcoholic beverages in the set is less than.50 percent of the value of the total set 100.00
(3)
Rehearings of variance or conditional use requests for which a trial period has been established by an
official city board or by the city commission None
(4) Variance or conditional use permits for construction that has been initiated or a use that has been
established prior to obtaining a required conditional use or variance approval double the
required fee
(from above)
Appeal from planning and zoning board or development code adjustment board to
hearing officer (9 36.065) 365.00
Requests for a conrinuance of any review or other process which would result in additional advenising
(9 36.084) 55.00
Concurrency review (fi 36.148) 55.00
Plus for traffic impact study
55.00
(1)
(2)
Plus for vested rights determination
210.00
(Res. No. 92-38,9 1,6-4-92; Res. No. 92-59, 9 I, 9M17-92; Res. No. 92-65, 9 1, 11-5-92; Res. No. 92M77, 9
-11-
;; ~ ~ .. "
ATIACHMENT t
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subjf!ct
I
. !
Amount
1, 12-17-92)
~ FIRE DEPARTMENT TRA1NING FACILITY:
Fee amount detennined by use agreement.
x.. LIBRARY:
Fees for the use of the city library by nonresidents are as follows (~ 18.04):
(I)
Annual nonresident
100.00
A nonresident card may be used by any member of the immediate household of the person to whom the
card is issued.
(Res. No. 88-42, ~ 2, 11-3-88; Res. No. 92-51, ~ 1, 8-13-92; Res. No. 94-34, 7-21-94)
XL. PARKS, BEACHES, RECREATION:
.'
Rental fees for parks and recreation facilities (ch. 22):
(1) User groups. TIlere is hereby established the following categories of user groups upon which rental fees
will be based for parks and recreation rental facilities, including public buildings (Martin Luther King
Center, City Hall Annex, Memorial Civic Center, Sailing Center), the bandshell, swimming pools and
athletic fields: ,
(a)
City related group:
No charge
-I
(b)
Cosponsored group:
1.00
(c) Outside group:
1. Public/civic/church. Hourly charges (Clearwater based only; non-
Clearwater based groups treated as private).
2. Private. Basic rental charge, hourly charges, and equipment charges.
3. Commercial. Basic rental charges, hourly charges, equipment charges,
and ten percent of gross.
(2) Amounrs of jees and charges. There is hereby established the following fees and charges relating to the
rental of public buildings, the bandshell, athletic fields and swimming pools:
(a) Public buildings (Martin Luther King Center, Memorial Civic Center, City Hall Annex,
Sailing Center) and the bandshell:
1.
Basic rental fees:
a. Sailing Center, per use times number of days
b. Other public buildings, per use times times number of days
c. Boat storage, per month plus tax
200.00
70.00
30.00
-12-
~j.. .
"
I.
ATI ACHMENT 1
APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES
Subj~ct
Amount
d.
Dance floor rental, per use plus tax
90.00
2.
Hourly charge:
a. Utilities
b. Personnel, per employee:
i. Straight time
ii. Overtime
Iii. City rate for off-duty police officer. (if necessary).
10.00
10.00
15.00
3.
Equipment charge for each piece of equipment used, per day (including
but not limited to, piano, P .A. system, and spotlights)
5.00
'(b) Athletic fields:
'..
1.
Hourly charge:
a. Utilities
b. Personnel, per employer:
i. Straight time
ii. Overtime
c. Reservation fee, per hour (2 hour minimum)
11.50
17.25
6.00
9.00
(c) Swimming pools:
1.
2.
(3)
Basic rental fee, per use
Hourly charge:
a. Utilities
b. Personnel, per employee
60.00
8.00
7.50
A cleaning deposit in the amount of $50.00 shall be paid in advance for the rental of the Sailing Center
to assure that the premises and equipment are returned in a clean and undamaged condition, as determined
by the city.
(4) The fees and charges established herein shall be paid to the City of Clearwater and shall be credited to
the parks and recreation department, except that fees for the Sailing Center shall be credited to the Marine
Department.
(5) When applicable, a deposit of $30.00 shall be required to reserve any building (other than the Sailing
Center), bandshell or pool, or $50.00 to reserve the Sailing Center, and $12.00 to reserve an athletic
field. Said deposits shall be submitted with the application and will be refunded only if the application
is not approved.
(6) Those organizations or agencies which have current separate facility agreements with the City of
Clearwater shall be exempt from this resolution.
Use of faciliries by nonresidents (ch. 22):
(1) Effective January I. 1994, nonresidents who wish to use city recreation facilities or programs may do
so by paying one or more of the following fees:
L
-13~
.
ATIACHMENT I
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~C1 Amount
(a) Card options:
1. Annual individual fee, valid from January 1 through ,December 31 56.00
2. Annual family fee, valid from January 1 through December 31 140.00
Note: An individual card may be used only by the person to whom it is
issued. The family fee provides a card for each family member residing
at the household.
(b) Options in lieu of nonresident card purchase:
1. Daily guest fee at all tennis facilities 3.00
2. Admission fees for Qpen swim programs only at all city swimming pools:
a. Children 17 years of age and under:
i. Winter 2.00
ii. Summer 1.50
b. Adults 18 years of age and over:
i. Winter 3.50
iLSummer 2.50
3. Class/program fee plus 50 percent additional for activities offered on a
session basis.
4. Single season fee for adult athletic leagues, per person 33.00
5. Single admission fee (exception, city pools) plus an additional 25 percent.
'!' 6. Participant fees for activities/programs conducted by the recreation
..: department staff that are free to residents:
Where practicable, fees may be charged to nonresident participants.
7. In co-sponsoring programs where leadership is provided by noncity
employees:
a. Participants of youth programs, per activity 10.00
b. Family participants of youth programs, 3 or more 25.00
c. Participants of adult programs, per activity 20.00
8. Lawnbowls. shuffleboard and horseshoe clubs:
Per year for each club; due January 1st of each year 100.00
(2) The criteria which establish the class of city residents for the purpose of the fees above and Resolution
No. 88-43 are:
(a) Permanent residence within the incorporated boundaries of the city;
-14-
v_.
AITACHMENT 1
APPENDIX A-SCHEDULE.QF FEES, RATES AND CHARGES
Subject
Amount
(b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the
official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties within the incorporated boundaries of the
city; or
(d) Persons who are employees of the city, their spouses and children who live at home.
(3) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities
used by a program are provided in a municipality other than. Clearwater, the nonresident fee is not
required.
(Res. No. 88-43t 9~ 2-4, 11~3-88; Res. No. 90-49, 9~ 1-5, 12~20-90; Res. No. 91-46, ~ It 12~19-91;
Res. No. 9147, ~ I, 12~19-91; Res. No. 93-61, ~ I, lOMI8-93; Res. No. 93-71, ~ It I1M29-93)
XIL. PEDDLERS, SOLICITORS AND CANVASSERS:
(1)
(2)
Peddlers applicarionfee (tl 23.33(5))
25.00
Charitable organization registrationfee (~ 23.81)
10.00
XIIL. POLICE DEPARTMENT:
Fees for penn its and repon requests processed by the police depanment:
(1)
(2)
(3)
Solicitor permits (~ 23.81)
10.00
Taxi permits (~ 25.071) (see also PUBLIC TRANSPORTATION CARRIERS)
10.00
Vehicle for hire permits (~ 25.171)
10.00
.'
(4) Taxicab/public conveyance vehicle permit sticker
2.00
(5) Handbill distribution permits (~ 3.41)
(6) Street artist 1.0.
10.00
10.00
(7) Amusement machine permits (~~ 7.26, 7.42)
10.00
(8) Cabaret cards
5.00
(9) Letters of good conduct
3.00
(10) Bank employee LD. processing
5.00
(11) Fingerprinting:
(a)
(b)
One card
Additional cards, each
3.00
1.00
-15-
ATTACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subjf!ct
(12) *Auto accident report copies
(13) ""Event report copies
(14) *Other report copies
(15) Record checks by mail
(16) Black and white photographs:
(a) Four by five
(b) Five by seven
(c) Eight by ten
(17) Color photographs:
(a) Four by five
(b) Five by seven
(c) Eight by ten
Amount
2.00 !
i
I
2.00
2.00
2.00
2.00
3.00
4.00
3.00
4.00
6.00
*Up to six pages; additional pages, per page
0.25
(Res. No. 84-1, ~ 2, 1-19-84; Res. No. 85-42, ~ 1, 6'()-85)
X!Y... PUBLIC TRANSPORTATION CARRIERS:
Taxicab operators pennitfee (~ 25.082) (see also POLICE DEPARTMENT)
25.00
xy... RECREATION AND OPEN SPACE LAND DEDICATION:
(1)
Recrearionfacilities impact fee, per dwelling unit (9 54.23)
200.00
(2) Open space impact fee:
(a) An new development and annexation, if applicable, shall be assessed an open space land
impact fee equal to four percent of the net land area of the project or an amount of
money equal to four percent of the land value.
(b) For the expansion of existing projects, the open space land impact fee shall be computed
as follows:
1. For nonresidential uses the assessment shall equal two percent of the net
land area of the entire project or an amount of money equal to two
percent of the land value.
2. For residential uses the assessment shall equal four percent of the net
land area attributable to the expanded number of units or an amount of
money equal to four percent of the land value.
-16-
~
A TIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct
Amount
(Code 1980, ~9 116.43, 116.49)
XYL. SIGNS:
Application fees for sign pennits are as follows (~ 44.31):
(1)
Per square foot of sign faceage
0.40
(a)
(b)
(c)
Minimum, per sign
If sign is electrified, additional per sign
If the sign has been located, placed, erected, constructed, altered or extended without a
sign permit having been obtained for such work, except as provided in subsection
44.31(1), and if such work otherwise complies with the sign regulations of the city, the
applicant shall pay treble the amount of the permit fee for such work, in addition to such
other penalties as may be imposed.
20.00
20.00
(See also LAND DEVELOPMENT for sign variance application fee)
(Res. No. 86--66, ~ 1, 10-16-86)
XYIL. SITE PLANS, SUBDIVISION PLATS, LAND USE PLAN AND ZONING ATLAS
AMENDMENTS, CONDITIONAL USES, VARIANCES, AND CERTAIN CONTINUANCES:
(1) Site plan review:
(a) Base charge for each site plan 250.00
Plus
1. For each acre, or fraction thereof 50.00
:. Revalidation of a certified site plan 150:00
(b)
(e) Site plan amendment (after certification) 150.00
(d) Transfer of development rights:
1.. With formal site plan review 150.00
2. Without formal site plan review 350.00
(2) Subdivision plat review:
(a) Base charge for each preliminary subdivision plat 250.00
Plus
1. For each lot included on the plan 25.00
(b) Revalidation if a certified preliminary subdivision plat 50.00
(c) Subdivision plat amendment (after certification, prior to recording) 50.00
(d) Administrative lot division 150.00
(3) Annexation and initial z.oning and land use requests:
(3) Base charge for each application for an agreement to annex or annexation and initial
zoning designation (including an individual existing or proposed single-family dwelling
-17-
A'IT ACHMENT 1
APPENDIX A.SCHEDULE.oF FEES~ RATES AND CHARGES
Subj~ct
Amount
unit)
No Charge
(4) Land use plan and zoning arias amendmelU requests:
(a) Base charge for each application for amendment of the zoning atlas 250.00
(b) Base charge for a zoning amendment and city land use plan amendment on the same
property 250.00
Plus
1. For each amendment requiring state approval 100.00
(5)
Variance or conditional use requests:
(a) Variances:
1. Sign variances involving existing nonconforming signage
2. Other variances for residentially zoned properties
3. Other variances for nonresidentially zoned properties:
Single variance request
Plus
4. Any additional request for variance with respect to the same property or
contiguous properties by the same owner
50.00
100.00
200.00
50.00
(b)
Conditional use
200.00*
Plus
1. Any additional request for conditional use with respect to the same
property or contiguous properties by the same owner
2. For alcoholic beverage sales requests
*Exception A: Requests involving transfers of business ownership for
which a conditional use permit has previously been issued
*Exception B: Requests involving package sales of alcoholic beverages
for indoor retail sales uses selling alcoholic beverages as an accessory
use and which either: (a) contain a minimum of 25,000 sq. ft. of gross
floor area; or (b) sell alcoholic beverages only as part of a "gift set" in
which the value of the alcoholic beverage(s) in the set is less than 50%
of the value of the total set
50.00
200.00
350.00
100.00 .
(c) Rehearings of variance or conditional use requests for which a "trial period I' has been
established by an official city board or by the city commission None
(6)
(a)
(b)
Appeal from planning and zoning board or development code adjustment board to hearing
officer 365.00
Appeal from planning and zoning board to city commission 50.00
(7) Requests for a continuance of any review or other process which would result in additional
advenising 50.00'
(8)
Concurrency review
50.00
Plus
(1) For traffic impact study
50.00
~18-
l-~".. :,
ATrACHMENT I
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
SubJtct
Amount
(2)
For ve.llted rights detennination
200.00
365.00
(9)
Dt!vt/opmcnt agreement review
(Res. No. 94--28, i I, 5-19-94; Res. No. 94-52t ~ It 10-6-94; Res. No. 95-14, 9 1, 1-19-95)
XVIII. SPECIAL LAND USES:
Alcoholic be\''erage establlshmenrs:
Fee for application for variance from separation requirements (g 41.091)
125.00
(Res. No. 88-4t 9 1, 1-21-SS)
~ STREETSt SIDEWALKSt OTHER PUBLIC PLACES:
Fees for services provided by the depanment of public works (ch. 28):
(I) Petition to vacate street
(2) Petition to vacate alley
(3) Petition to vacate pedestrian walkway
(4) petition to vacate easement
(5) Petition to vacate other
~ (6) Street name change
(7) Address (house number) change
(8) UtiJity permit/other uses of ROW Idriveway permit:
(a) No inspection required
(b) Inspection required
(e) Failure to obtain ROW permit before starting work
(9) Final subdivision inspection and reinspection
200.00
200.00
175.00
150.00
150.00
200.00
100.00
0,00
20.00
Double fee
50.00
This fee schedule shall not apply to action initiated unless required by the city commission.
Pennit Jee to conduct race utilizing public rightsMof-way, per panicipanr
0.25
(1) The city manager may require the applicant to pay the charge as a deposit based upon the estimated
number of participants and may deny the permit if the applicant refuses to pay such deposit.
(2) The charge shall be remitted by the applicant within two weeks following the race eventt if a deposit has
-19-
"
_.....
ATrACHMENT I
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subject
Amount
not been required. If a deposit has been required, any underpayment shall be remitted or any overpayment
shall be returned to the applicant within ten days after receipt of the affidavit provided for in subsection
(3) below.
(3) AU applicants for special event pennits to conduct a race shall provide in affidavit fonn at the time of
payment of the charges or a request for refund of overpayment, a statement identifying the event and the
number of persons that panicipated in the event.
(Res. No. 82-3, ~ 1, IMI4-82; Res. No. 84-72, 8-16-84)
~ TAXATION AND OTHER FEES:
! -
(1)
Occuparionallicense tax:
(a) Registration fee for persons not maintaining a permanent business (9 29.30(3))
(b) Duplicate license fee (9 29.33)
(c) Transfer fee (~ 29.38(1), (2))
25.00
10.00
3.00
(2)
Interim proprietary and general services fee, per unit. per month, initially (~ 29.95)
25.00
XXI. TRAFFIC AND MOTOR VEHICLES:
(1) Impoundment o/vehicles (9 30.0BO):
(a) Charges for towing:
1. Anywhere within the city between the hours of 8:00 a.m. and 5:00 p.m.:
a. Regular wrecker pickup
b. If dolly required
2. Anywhere within the city between the hours of 5:00 p.m. and 8:00 a.m.:
a. Regular wrecker pickup
b. If dolly required
3. Towtruck at scene over one hour, each additional hour
4. More than one wrecker or towtruck at scene:
a. Each additional wrecker or towtruck during daylight hours
b. Each additional wrecker or towtruck during hours of darkness
Storage charges:
40.00
25.00
50.00
25.00
35.00
35.00
35.00
(b)
1.
2.
Outside storage, per 24-hour period or fraction thereof
Inside storage. per 24-hour period or fraction thereof
8.00
10.00
(2) Oeanvater Pass Bridge (~ 30.161):
(a) The following toH rates are hereby adopted for the use of Clearwater Pass Bridge:
1.
2.
Two-axle vehicles, including motorcycles and mopeds
Two-axle vehicle, including motorcycles, mopeds and buses, public
agency; token system, two tokens for
Three-axle vehicles
0.75
3.
0.25
1.00
-20-
.......0
Subj~ct
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES , RATES AND CHARGES
"
j
J
Amount
Four-axle vehicles
Five-axle vehicles
Each additional axle
Buses, private
PST A buses
Jolley Trolley
Pedestrians
Employees of city on official.business
County park employees on official business
Emergency vehicles on emergency calls
Employees of the Florida Department of Transportation working on the
Clearwater Pass bridge replacement project
1.25
1.50
0.25
1.75
0.10
0.10
Exempt
. Exempt
Exempt
Exempt
Exempt
(b) The rate schedule established in this section shall not be revised except in the manner
provided by section 15E of Ordinance No. 3932 of the city.
(c) The city manager or, in his absence, the chief of police is hereby authorized to waive the
tolls established in this section when in the exercise of his discretion it is determined that
such waiver is necessary because of emergency conditions.
(Ord. No. 5664-94, 9 1, 9-1-94)
XXI!.. TRANSPORTATION IMPACT FEE: Pinellas County Ordinance No. 86-43, administered by the city.
assesses a
fee on new land development or a change in land use. This fee is based upon the increase in vehicular
traffic generated by new development or land use. .
XXIII. TREE PROTECTION:
Removal:
(1) Permit fee (9 52.32):
For removal of 1-5 trees
Per tree over 5
(2)
(3)
(4)
15.00
3.00
Fee for appeal following denial of permit (9 52.34)
25.00
Reinspection fee, per additional inspection
25.00
Special inspection fee
25.00
These fees shall be paid prior to the issuance of permits, and such fees shall be nonrefundable.
(Res. No. 86-9, 99 1, 2, 2-6-86; Res. No. 93-32, 9 1. 8-30-93)
-21-
A TIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~d
Amount
XXIV. UTILmES - General & Deposits:
Deposits and general utility in/onnation.fces, charges and rate schcdNles (932.068):
(1) Generally. The public works department will furnish and install water and gas service connections and
tap the mains. as well as provide solid waste, wastewater collection and storm water management services,
for residential, commercial, business and other purposes. The city wilt charge for such service
connections and installation according to a schedule of fees to be established by ordinance, in the form
of an amendment to this appendix. The Clearwater Gas System (CGS) will furnish and install natural and
propane tLP) l!as service for residential. general service (typically commercia)! business). interruptible
(typically industrial), street Ih:hting. gas air conditioning. gas vehicles and other pUlVoses. CGS will
provide gas service connections and tap gas mains to serve customers/potential customers where it is
detennined by cas management as beinl! feasible. Gas service fees shall be uniformly administered not
only within the City of Clearwater hut also throughout CGS's extended service territory in northern
Pinellas County and Southwestern Pasco County according to a schedule of fees established by City of
Clearwater ordinance as approved by the Clearwater City Commission. in the form of an amendment to
this appendix. All charges to the premises shall be made and shall be payable according to the schedule
at the time application is made, whether or not an amending ordinance has been codified in this appendix
at the time of the application.
(2) Deposirs for service:
(a) Water:
1. Domestic water service. Each meter service shall be secured by a minimum deposit of
$30.00 or three times the minimum monthly charge or three times the average monthly
bill for domestic water service, whichever is greatest.
2.. Lawn water service. Each lawn meter service shall be secured by a minimum deposit
of $30.00 OI three times the minimum monthly charge or three times the average monthly
bill for lawn water service, whichever is greatest.
3. Temporary potable service. Temporary potable service shall be secured by a deposit
according to the following table:
Less than I" meter 80.00
I" meter 160.00
1 1/2" meter 500.00
2" meter 900.00
3" meter 1 ,250.00
4" meter 2,500.00
4. Temporary nonpotable service. Temporary nonpotable water or "hydrant meter" service
-22-
(b)
(e)
.
(d)
(e)
(0
(g)
ATIACHMENT 1
APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES .
Subject .
Amount
shaH be secured by a minimum deposit of $500.00 plus an amount sufficient to cover the
cost of water consumed and any other charges incurred. Such service will be provided
by a temporary meter on a fire hydrant. Charges will be at the same rate as for a two-
inch lawn meter. The final bill shall be for a sum equal to the minimum charge. the cost
of water consumed, and a service charge of $25.00.
5. Domestic water service, one week maximum. Domestic water service for not more than
seven consecutive days, upon application by pr<?perty owner or the owner's agent, shall
be secured by a deposit of $65.00.
6. Domestic water service. three-day maximum. Domestic water service for not more than
three consecutive days, upon application by property owner or the owner's agent, shall
be secured by a deposit of $40.00.
Gas. Each meter service account/premise served by ~as shall be secured by a minimum deposit
of $20.00 Of three times the average monthly bilt for gas service, whichever is greater. Initial
sinl!le- family residential denosits with no prior consumption history shall be set at S50.OO.
Initial non-residential or multi-family residential deposits shall be set at three times the average
monthly bill as proiected by the Gas Sales Representative based on the customer's equipment and
the planned use of this equipment. The initial deposit may be set at less than the normal three
month level upon demonstration of beinl! in business for two years or more or otherwise
providin~ satisfactory credit worthiness and by executing- a special deposit/payment agreement
approved by the City Mana2er which provides for a more rapid payment schedule than normal.
Solid waste. Each customer shall be secured by a minimum deposit of three times the minimum
monthly charge for solid waste collection service.
Wastewater collection. Each customer shall be secured by a minimum deposit of three times the
minimum monthly charge or three times the average monthly bill for wastewater collection
service, whichever is greater. .
Deposits of cash equivalents to guarantee payment of bills. Commercial deposits in excess of
SI,ooo.oo may be made by a surety bond written by an insurance company authorized to do
business in the state, or through furnishing a letter of credit from a bank, by making an
assignment to the city of a savings and loan investment certificate or passbook, or a commercial
bank savings or time deposit certificate, the form for which shall be approved by the city
attorney.
Housing authorities. A housing authority created pursuant to F.S. ch. 421 may fulfill deposit
requirements for the agency or tenant\) of the agency by letter of agreement to be financially
responsible for the required deposit or portion thereof.
Determination of average monthly bill. For the purpose of determining the amount of any
deposit based upon the average monthly bill, the average monthly bill shall be determined
according to actual consumption at the premises, regardless of changes in ownership or
occupancy of the premises. during the preceding 12 months of actual consumption. For new
premises without a prior service history, the deposit for each service shall initially be the specific
amount required above or three times the minimum monthly charge, whichever is greater. At
the end of the first six months of service, an average monthly bill for all services shall be
determined according to consumption at the premises during the first six months of service and
the deposit shall be recalculated. If the recalculated deposit is less than 90 percent of the deposit
paid by the customer, the difference between the deposit paid and the recalculated deposit shall
be credited to the account; provided, however, that the total deposit retained by the city shall be
not less than the sum of the specific amounts required above or three times the minimum monthly
-23~
ATIACHMENT 1
APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES
Subj~d
Amount
chargesJ whichever is greater, for each service. If the recalculated deposit is greater than 110
percent of the deposit paid by the customer, the difference between the deposit paid and the
recalculated deposit shall be charged against the account.
(h) Recalculation of deposits.
1. The amount of a required deposit may be reviewed and adjusted based upon actual
consumption at the end of the customer's initial six months of service or most recent 12
months of service, upon request of the customer.
2. The city may increase the deposit requirement o'n any account to three times the current
monthly average bill at any time should that account be in arrears, or if the customer has
presented a subsequently dishonored check for payment or has had more than two past
due reminders in any consecutive 12-month period.
Refund of deposits. The deposit for a residential or community service organization account with
an individual meter shall be returned after two continuous years of good account experience. For
the purpose of this paragraph and for subsection G) below, "good account experience" means not
more than two past-due reminders in any twelve-month period, no disconnection of service for
nonpayment, no dishonored checks, no evidence of meter tampering, and no evidence of
fraudulent use of the utiBties system.
Deposit requirement exemption. Except for temporary service, an applicant for service to a
residential or community service organization account with an individual meter shall be exempt
from the deposit requirement if the applicant presents written verification from a public utility
that the applicant has had good account experience during the most recent 12-month period, or
the last 12-month period of service by the public utility if occurring within the preceding 24
months. However, if the account should at any time be in arrears, or if the customer should
receive more than two past--due reminders in any 12-month period or present a subsequently
dishonored check, or in the event of meter tampering or fraudulent use of the utilities system by
the customer, the city may require a deposit in the amount required for a new account.
Interest on deposits. Interest on deposits held by the city shall accrue beginning as of October
1, 1992. The interest rate shall be an index rate established as of October 1 each year, and the
index rate shall remain in effect through the next September 30. The index rate shall be the
three-month average of two-year Treasury security yields for the period from July 1 through
September 30 immediately preceding the fiscal year in which the index rate is applicable. Interest
accruing from October I, 1992, through September 30, 1993, shall be the three-month average
of two~year Treasury security yields for the period from July 1 through September 30, 1992.
ThereafterJ the index rate shall be annually recalculated and effective from October 1 through the
following September 30. Annual payment will occur as a credit posted to the customer's account
commencing with the first bill rendered on or after October 1, 1993, and each October 1
thert~after. A customer who posts a deposit after October I, 1992, will receive interest calculated
from the deposit date and credited to the account on each October I for as long as the city retains
the deposit. A customer who terminates service, or whose service is terminated, will receive a
pro-rated interest credit to the termination date on the final bill. A customer who qualifies for
a deposit refund will receive a pro-rated interest credit to the refund date. Notwithstanding the
foregoing, an interest payment or deposit refund in an amount Jess than $1.00 may be paid in
cash but shall nO( be mailed.
XXV. PUBLIC WORKS M FEES. RATES AND CHARGES / ~)" -",,1, ~.. '\
" ~.J 1-. ~ ..', /
(i)
(j)
(k)
!
I "
I
.f..1.}ffilmpacr fees:
-24-
AITACHMENT 1
A~PENDIX A.SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct
Amount
(a) Water. There is hereby imposed a water impact fee, based on the capital portion of the cost of
financing the extension of the city's water system, on the single.family residential unit or
equivalent single-family residential unit, or equivalent living unit, which is responsible for
creating the need for additional water system financing. The obligation for payment of the fee
shall occur at the time the first building or plumbing permit is issued. The water impact fee shall
be payable at the building division at the time the first building or plumbing permit is issued, as
follows:
1. Residential accounts.
SingleMfamily, duplex, and multifamily residential, regardless of the form of ownership,
and mobile homes, per unit 480.00
. 2. Each nonresidential account will, for the purpose of establishing the water impact fee,
be considered to comprise a number of equivalent living units based upon the size of
water meter required to serve the account. The water impact fee shall be $480.00 for
each equivalent living unit. Equivalent living units and fees shall be determined according
to the following table: .
MeIer Size Equivalent Living Water Impact
(inches) Unir Fee
Less than 1 1 $ 480.00
1 2.5 1,200.00
1 1/2 5 2,400.00
2 8 3,8.ro.00
3 Compound 15 7,200.00
4 Compound 25 12,000.00
6 Compound 50 24,000.00
3 Turbo 17.5 8,400.00
4 Turbo 50 24,000.00
6 Turbo 100 48,000.00
3. Each additional unit or equivalent living unit occasioned by changes in property usage
subsequent to April 1, 1990, shall be subject to a water impact fee computed in
accordance with subsection (3)(a)1. or (3)(a)2., above, whichever is applicable. If a
building permit is issued for an existing connection which will increase water demand,
the total number of units or equivalent living units for the old and new parts of the
structure shall be computed in accordance with subsection (3)(a)1. or (3)(a)2. above. The
number of new units or equivalent living units shall be determined by subtracting the
number of old units or equivalent Jiving units in the entire structure from the total
number of units or equivalent living units. The water impact fee will be assessed on the
remaining number of new units or equivalent living units.
4. Whenever any work for which an impact fee required by this subsection has been
commenced without first paying such fee, then such fee shall be tripled.
5. New lawn meters shall be assessed by meter size as follows:
-25-
a.,...
Subjut
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES," RATES AND CHARGES
Meter Size
(inches)
Less than 1
1
2-1 in manifold
1 1/2
2
3 compound
4 compound
6 compound
3 turbo
4 turbo
6 turbo
(b) Storm drainage. See the building code adopted in chapter 47.
Amount
Water Impact
Pee
$ 70.00
175.00
350.00
350.00
560.00
1,050.00
1.750.00
3,500.00
1,225.00
3,500.00
7,000.00
(c) Wastewater impact fees. Payable at the building division at the time the first building or plumbing
permit is issued:
1. Residential accounts.
t1
2.
Single-family, duplex, and multifamily residential (regardless of the form
of ownership), and mobile homes, per unit
Each nonresidential account will, for the purpose of establishing the
wastewater impact fee, be considered to comprise a number of equivalent
single-family residential units or equivalent living units based upon the
size of the water meter or meters required to serve the account. The
wastewater impact fee shall be $900.00 for each equivalent living unit.
Equivalent living units and fees shall be determined according to the
following table:
Meter Size Equivalent Living Units
(inches)
Less than 1 1
I 2.5
1 1/2 5
2 8
3 Compound 15
4 Compound 25
6 Compound 50
3 Turbo 17.5
4 Turbo SO
6 Turbo 100
-26-
900.00
Wastewater
Impact Fee
$ 900.00
2,250.00
4,500.00
7,200.00
13,500.00
22,500.00
45,000.00
15,750.00
45,000.00
90,000.00
..
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEESt RATES AND CHARGES
Subject Amount
3. Each additional unit or equivalent living unit or part thereof, occasioned by changes in
property usage subsequent to April 1, 1990, shall be subject to a wastewater impact fee
computed in accordance with the rates set forth in subsection (3)(c)1. or (3)(c)2. above,
whichever is applicable. If a building permit is issued for an existing connection which
will increase wastewater co\1ection demand, the total number of units or equivalent living
units for the old and new parts of the facility shall be computed according to subsection
(3)(c) 1. or (3)(c)2. above. The number of new units or equivalent living units shall be
determined by subtracting the number of old units or equivalent living units in the entire
facility from the total number of units or equivalent living units. The wastewater impact
fee will be assessed on the remaining number of new units or equivalent living units.
~Connectlon charges, fees and taps on mains. The following charges and fees shall be payable to the city
upon application:
(a) Water meter connection charges and fees for taps on water maiost backflow prevention device
installations, and fire taps on water mains; fire hydrant installation charges:
Water Meter Connection Qwrges
1" meter with 1" service line
$ 210.00
280.00
530.00
700.00
2,950.00
2,965.00
2,985.00
3,035.00
3,085.00
3,130.00
3,255.00
3t270.00
, .
3,290.00
3,340.00
Less than 1" meter with 3/4" service line
1 112" meter with 1 1/2" service line
2" meter with 2" service line
3" meter on 6" main (4" tap)
3" meter on 8" main (4" tap)
3" meter on 10" main (4" tap)
3" meter on 12" main (4" tap)
3" meter on 16" main (4" tap)
3" meter on 20" main (4" tap)
4" meter on 6" main
4" meter on 8" main
4" meter on 10" main
4" meter on 12" main
M27-
,)
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subjl!ct
Amount
4" meter on 16" main
3,390.00
4" meter on 20" main
3,435.00
Larger meters and taps shall be charged at cost.
Taps on Water Mains
2" tap on 2" main .260.00
2" tap on 4" main 315.00
2" tap on 6" main 330.00
2" tap on 8" main 335.00
2" tap on 10" main 390.00
2" tap on 12" main 390.00
2" tap on 16" main 470.00
2" tap on 20" main 470.00
4" tap on 4" main 920.00
4" tap on 6" main 935.00
4" tap on 8" main 955.00
4" tap on 10" main 1 ,070.00
4" tap on 12" main 1,125.00
4" tap on 16" main 1,275.00
41t tap on 20" main 1,325.00
6" tap on 6" main 1,130.00
6" tap on 8" main 1,195.00
6" tap on 10" main 1,255.00
611 tap on 12" main 1,355.00
-28~
All charges for services, pipe and meters OuUiide the city limits shall be 25 percent additional. i I
I
!
I
. ,
1
!
I
I
,
r
AlTACHMENT I
APPENDIX A-SCHEDULE OF FEESt RATES AND CHARGES
All charges for services, pipe and meters outside the city limits shall be 25 percent additional.
Backjlow Prevention Device Installation
Charges for furnishing and installing reduced-pressure (RP) or double-check (DC) backflow
prevention devices, when required by city ordinance, are as follows:
-- New Customers
,~
Size Single Parallel Single Parallel
(inches) DC DC RP RP
3/4 $ 210.00 S 355.00 $ 260.00 $ 460.00
3/4 (below ground, in box 320.00 N/A N/A N/A
required with lawn meter)
1 225.00 385.00 285.00 500.00
1 (belowground, in box 335.00 N/A N/A N/A
required with lawn meter)
1 1/2 320.00 595.00 420.00 785.00
2 395.00 770.00 495.00 975.00
3 1,280.00 2,560.00 1,485.00 2,970.00
4 1.710.00 3,165.00 1,960.00 3,700.00
-29-
-
, ATfACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct Amount
6 2,345.00 4,560.00 2,655.00 5,180.00
8 3,910.00 7,650.00 4,755.00 9,335.00
Standard installation is above ground.
Existing Cusrorners .
Size Single Parallel Single Parallel
(inches) DC DC RP RP
3/4 $ 100.00 $ 200.00 $ 140.00 $ 280.00
3/4 (belowground, in box 210.00 N/A N/A N/A
required with lawn meter)
1 105.00 210.00 145.00 290.00
1 (belowground, in box 215.00 N/A N/A N/A
required with lawn meter)
1 1/2 235.00 470.00 315.00 630.00
2 285.00 570.00 365.00 730.00
3 1,140.00 2,280.00 1,370.00 2,740.00
4 1,255.00 2,510.00 1,560.00 3,120.00
6 1,775.00 3,550.00 2,305.00 4,610.00
8 2,975.00 5,950.00 3,680.00 7,360.00
Standard installation is aboveground.
Addirional Fees for Detector Check and Double Detector Check
Installation on Fire Lines, exclusive of any required tap
and charge for such rap
New Customers
2" single detector check with 5/8" bypass meter
4" double detector check with 5/8" bypass meter
6" double detector check with 5/8" bypass meter
8" double detector check with 1" bypass meter
$ 900.00
2,150.00
2,680.00
3,730.00
-30-
ATIACHMENT I
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~C1
Amount
Existing Customers
2" single detector check with 5/8" bypass meter 835.00
4" double detector check with 5/8" bypass meter 1,490.00
6" double detector check with 5/8" bypass meter 2,025.00
8" double detector check with 1" bypass meter 3,075.00
Detector check installations not included in above table will be charged to customers on a
time and materials basis. ,
All charges for services. pipe and meters outside the city limits shaH be 25 percent additional.
,I
Fire Hydrant Instal/arion
Charge for furnishing and installing one fire hydrant exclusive of the required tap and charge
for such tap $ 775.00
Charges for any hydrants that are not adjacent to the main or that require additional piping.
restoration, materials or labor shaH be increased by actual material and labor costs, plus
overhead.
(1:1) Ge5 permit al'lli inspection fees. :'-ny lUlU all fees provided for in this section shall be payable
llfld cellectoo at the building division of the city.
1. ^ basie fee of $1.50 plus $0.50 for each outlet shall be charged for each goo house
piping permit, such fee to cover Bne inspection. t.l.n additional fee of $2.00 shall be
charged for each additional inspection requiroo te obtain finw appro'tal of the 'Nork
.1 1......-1.. . .-1~ . . II' . .
uue to war.... uClRg uon6 1ft sections or to Improper or uClectl'le Insta atlOns requlfIRg
replacement 6r cerrection.
2. 'Nhere 0813 or more gas appliances are to be installed, a fee of $0.50 shall be pai4--fef'
the inspeetion of t:h8 first applillAee and $0.25 for eaeh appliance iR excess of ORe.
The fee for a 'Hater heater shall include the inspection of both the gas 11111:1 'Nater
connections. ',llllere additional appliwlee inspections are required dH0 to improper or
defective installations a fee of $1.00 shall be charged f-or each such inspection.
3. Where one or more existing appliElflees are to be replaced, a permit shall be required
and a fee ef $0.50 paid for the first sllch replaeemenHlfld a fee ef $0.50 paid for eaeh
replacement in excess of one 'Nhen done at the same time. The minimum f-ee for the
correetien of a violation shall be $0.50.
4. If ooy person fails to pay lll1Y or all fees speeified above when due, the building
official shall refuse to give final approval to the .....erl{ until all fees have been paid.
S. One permit document -may he used to cover all items for which a fH:lfmit is required
'.vheR applied..fer-at-efle time.
fu)~ Reclaimed water system connection fee:
1. Standard connection assembly (tap, service line, valve, meter when required, and
backflow prevention device when required, installed at the property line), to be
furnished and installed by the city: Actual cost of materials and labor.
-31-
.
.~"...~
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct Amount
2. Nonstandard connection assembly: Actual cost of materials and labor.
3. When backflow prevention device on potable water supply is required: Actual cost of
materials.
.~ Rates:
(a) Water rates. Water rates for all water furnished by the city shall be as follows:
1. Domestic water rates shall be the following based on monthly consumption and will
take effect on February It 1992t and October 1, 1992, as shown in the following
tablet and shall remain in effect thereafter unless amended:
.
";t
,
Meter Size February 1, October 1,
1992 1992
Under IMinch:
Minimum charge with usage $ 5.88 $ 6.12
up to 400 cubic feet
Plus, from 401 to 1,200 cubic 1.78 1.86
feet, per 100 cubic feet
Plust from 1,201 cubic feet 2.11 2.20
up, per 100 cubic feet
I-inch:
Minimum charge with usage 13.23 13.76
up to 900 cubic feet
Plus, from 901 to 5,400 cubic 1.78 1.86
feet, per 100 cubic feet, per
100 cubic feet
Plus, from 5,401 cubic feet 2.11 2.20
UPt per 100 cubic feet
1 112-inch:
Minimum charge with usage 196.98 204.86
up to 13t4OO cubic feet
Plus, from 13,401 to 18,700 1.78 1.86
cubic feet, per 100 cubic feet
Plus, from 18t 701 cubic feet 2.11 2.20
up, per 100 cubic feet
2-inch:
-"j
*32-
.... .~..'
, ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~C1
Meter Size
Minimum charge with usage
up to 31,100 cubic feet
Plus, from 31,101 to 45,800
cubic feet, per 100 cubic feet
Plus, from 45,801 cubic feet,
per 100 cubic feet
3-inch or 2Minch in manifold:
Minimum charge with usage
up to 48,000 cubic feet,
Plus, from 48,001 to 63,400
cubic feet, per 100 cubic feet
Plus, from 63,401 cubic feet
up, per 100 cubic feet
4-inch:
Minimum charge with usage
up to 92,400 cubie feet
Plus, from 92,401 to 130,900
cubic feet, per 100 cubic feet
Plus, from 130,901 cubic feet
up, per 100 cubic feet
6-inch:
Minimum charge with usage
up to 237,300 cubic feet
Plus, from 237,301 to
270,700 cubic feet, per 100
cubic feet
Plus, from 270,701 cubic feet
up, per 100 cubic feet
8-inch:
Minimum charge with usage
up to 400,000 cubic feet
February 1,
1992
457.17
1.78
2.11
705.60
1.78
2.11
1,358.28
1.78
2.11
3,488.31
1.78
2.11
5,880.00
-33-
Amount
October 1,
1992
475.46
1.86
2.20
733.83
1.86
2.20
1,412.62
1.86
2.20
3,627.85
1.86
2.20
6,115.20
';01...... .
:'
AITACHMENT 1
APPENDIX A-SCHEDULE OF FEES. RATES AND CHARGES
Subj~ct
Amount
Meter Size
Plus, from 400.001 to
456.300 cubic feet, per 100
cubic feet
Plus, from 456,301 cubic feet
up, per 100 cubic feet
February 1,
1992
1.78
October 1,
1992
1.86
2.11
2.20
2. Lawn water meters. Lawn water rates shaH be as follows:
Lawn merer size.
..
Under I-inch:
Base charge, with no water allowance
Plus, up to 200 cubic feet, per 100 cubic feet
Plus, from 201 cubic feet up, per 100 cubic feet
I-inch:
Base charge, with no water allowance
Plus, up to 900 cubic feet, per 100 cubic feet
Plus, from 901 cubic feet up, per 100 cubic feet
1 1/2Minch:
Base charge, with no water allowance
Plus, up to 1,200 cubic feet, per 100 cubic feet
Plus, from 1,201 cubic feet up, per 100 cubic feet
2-inch:
Base charge~ with no water allowance
Plus, up to 5,400 cubic feet, per 100 cubic feet
Plus~ from 5,401 cubic feet up, per 100 cubic feet
3-inch or two 2-inch in manifold:
Base charge, with no water allowance
Plus~ up to 13.400 cubic feet, per 100 cubic feet
Plus, from 13,401 cubic feet up, per 100 cubic feet
4-inch:
Base charge, with no water allowance
Plus, up to 31,100 cubic feet, per 100 cubic feet
Plus, from 31,101 cubic feet up, per 100 cubic feet
6-inch:
Base charge, with no water allowance
Plus, up to 48,000 cubic feet, per 100 cubic feet
Plus, from 48,001 cubic feet up, per 100 cubic feet
$ 2.18
1.98
2.73
6.54
1.98
2.73
32.70
1.98
2.73
91.56
1.98
2.73
180.94
1.98
2.73
I
I
348.80 I
i
1.98 j
2.73 I
, !
t
i
1,052.94 j
1.98 j
2.73
3.
Standby and other charges for fire protection systems. For fire hydrants and fire
protection systems on private property connected to the city water system, the
customer shall pay a monthly standby charge as set forth in the following table:
Facility
Monthly
-34-
~ ..
A IT ACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
, I
Subj~ct
Amount
Charge
Fire hydrants, per hydrant
Fire protection systems, based on fire line size, per building:
6 inches or less
8 inches
10 inches
12 inches or larger
$ 5.00
.
5.00
9.00
14.00
20.00
Water drawn from a fire line and used for purposes other than firefighting will be charged at the lawn
meter rate if the water does not enter the sewer system, or the domestic rate if the water enters the
sewer system. Such charges shall be in addition to the monthly standby charges.
4. Service out of municipal limits. Accounts outside of the corporate limits of the city
shall be subject to a surcharge equal to 25 percent of the monthly charges.
5. A charge of the monthly minimum for a 1 1/2-inch water meter is required for a
deduct meter for air conditioning cooling water and similar purposes, but not for lawn
irrigation purposes. This charge shall be required only where a separate irrigation
meter cannot be set in the right-of-way or easement and the meter reader must
physically read and deduct consumption for billing purposes.
6. The water rates shall be adjusted periodically to recover any increased cost to supply
water due to changes in the wholesale rate the city pays for water. Any such
adjustment shall be a proportionate increase based upon the ratio of water the city
buys wholesale to total system water. Such rate adjustment shall be recommended by
the public works director and approved by the city manager, and a copy shall be filed
with the city clerk following approval.
7. Dormant accounts. The monthly charge for a dormant lawn water account shall be at
the applicable water lawn base charge for the size of meter at the premises.
(13) Gas service rates. The fallowing rates shall apply to users of g85 provided by the eity:
1. Gefteral service rate, natural gas containing not less than 1,000 Btu's per cubic foot.
a. Monthly charges for open account '/lith g85 meter on during the month.
,A.ceo"nt charge
1.00
First 3 therms af less used
3.00
Each additional therm used
T
or prevsl IRg rate
0.69436
Minimum monthly bill
4.00
b. Monthly eharge for open aeemmt wil:h gllS meter off,
or for dormant utilities aeco~
Mtfflthly fixed charge
1.00
-35-
I
: ,
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct Amount
2. Interruptible service rat-e;-bnsed en swc of Aoturw gas at reduced rate in exchange for
right to interrupt gas supply tB high volume user having wternative source. Rate to be
ogreed upon by customer aAd city. The contract shall inelude-minimum monthly
eOll5umptian le-,'els, alternative fuel supply capacity, righHa interrupt supply-an6
conditions for supply interruptiorl5tlH1d other terms-4eemed-necessary. The city
manager is authorized to negotiate the terms of such eonffitet5-:-
3. Franchise fees shall be levied by the city on e','~ry purchase of natural gas provided by
the €lity, a.~ the rate paid by the city to the municipality where the service is delivered,
~t as may be otherwise provided in the franchise agreemeAt.
4. l\1l areas north of State Road 589 and all areas east of McMullen Booth Road served
by gas mains or ceftAcctions made after October I, 1983, are subject te a surcharge of
$0.035 per therm unless sueh a surcharge is prevented by a ffanchise agreement with
tfie-efty-:
5. Standby gcncraters fueled by noturw gB5.
a. Monthly charges fer epcA account ';/ith gas meter on during the ftl6flth.:
ACCOI:lRt charge
1.00
First 75 therms or less usee
60.09
Eacn additienw thcrm usee
or pre'Jailing rate
0.69436
Minimum monthly Bill
61. 00
b. Monthly charge for open account with gas meter off, ar for dormant utilities
aeCollnt, each full month:
Monthly fixed charge
1.00
€i. Liquid provane:-
a.
Commercial, per ganon used
or prevailing rate
f.1I other, per gallon used
T
or prevol lAg rate
9.9733
b.
1.2433
7. Prevailing-rRtes. The menthly gElS charges are subject to an adjustment per therm or
per gallon [-or increases or decreases in the- sUftillier's Fate far purchased gas in
aeeenlance with the provisions of the supplier's tariff as recommended by the pubHe
werks direetor and appro....ed by tile city manager. Upon approval of any SliCR rate
fttijustmeRt, a ~opy shall be filed with the city clerk.
8. DiscolintOO gas service rutes. TIle rnef1thly gus service rate5-fflay-be disemlRt~
-36.
AITACHMENT I .1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subject
Amount
therm or per gallOR 13)' writteR service agreement as recommended by the gas system
managing director and approved by t:he eity mB:flager. The discount shal.l Rat exeeed
ORe third of the otherwise applieable gas service rate, unless approved by the city
oommissioR. DpeR approval of eRY sHeH discount. a copy of the serviee agreeme~
shell he filed with th&- eity elerk.
.aute1 Wastewater collection utility rates.
1.
,
There is hereby established a uniform schedule of rates and charges for the use or
availability of use of the wastewater collection system. The wastewater collection
utility rate shall be a monthly fee consisting of a minimum charge for an assigned
volume of domestic water associated with each water meter size, shown as the basic
allowance in the following table, plus a charge per 100 cubic feet for water consumed
above the assigned volume. Such rates shall take effect on February It 1992, and
October 1, 1992, as shown in the following table, and shall remain in effect thereafter
unless amended:
Base Momhly Charge With or Without Conslullption
FebruQI}' J I October I, Basic Allowance
Size of Merer 1992 1992 (cubic feet)
Under I-inch $ 8.88 $ 9.44 400 or less
1 Minch 19.98 21.24 900 or less
1 1/2-inch 297.48 316.24 13t4OO or less
2-inch 690.42 733.96 31,100 or less
3-inch or 2 2-inch manifold 1,065.60 1,132.80 48,000 or less
. . 4-inch 2,051.28 2.180.64 92,400 or less
~! 6-inch 5,268.06 5,600.28 237,300 or less
8-inch 8,880.00 9,440.00 400,000 or less
Charge per 100 cubic feet of
water used over the basic
allowance 2.22 2.36
4.
5.
.
2.
Service outside of the municipal limits. Accounts outside the corporate limits of the
city shall be subject to a surcharge equal to 25 percent of the monthly wastewater
collection utility charges.
The wastewater collection utility rate schedule shall be reviewed by the city
commission as a part of the annual fiscal budget preparation to ensure that adequate
revenues are generated to pay the costs of operation, maintenance and outstanding
bond service requirements.
The wastewater collection charges provided in this section shall not apply to sprinkler
irrigation systems separately metered or deduct meters.
Basis where water is unmetered. For accounts existing as of the effective date of this
article, at premises which have a source of water other than city water system, where
the spent or used water from which goes into the wastewater collection system, the
customer shall pay a charge according to the schedule provided in this section. based
3.
-37-
ATTACHMENT I
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct Amount
upon an estimate of the amount of water going into the wastewater collection system.
In the event of a disagreement as to the amount of such water reaching the wastewater
collection system, then a metering device or devices shall be installed at the
customer's expense to determine that amount. For accounts established after the
effective date of this article, the customer shall install at the customer's expense a
water meter on the water service line, which meter shall be accessible to city
employees for the purpose of reading the meter. Water consumption measured by such
meter shall be the basis for the wastewater collection charges for the premises.
6. Dormant accounts. The monthly charge for a dormant account shall be at the
applicable sanitary sewer base monthly charge for the size of meter at that premises.
,(gl(61 Solid waste collection rates.
1. Monthly charges for twice weekly collection of solid waste in prescribed containers.
a. Single-family and multiple-family dwellings.
(i) Curbside pickup: $16.30 minimum for each living unit
with no limit on the number of containers per unit on
manual pickups. One 90-gallon container will be
provided for automated service. Additional 90-gallon
containers will be provided at the discretion of the
director of public works at the rate of $16.30 per
container. Where routes are automated, automated
service shall be the only option.
(ii) Side or rear building collection: $32.60 minimum for
each living unit. Manual pickup has a limit of two
containers, each having a capacity no larger than 32
gallons per unit. A fee of $11.37 each will be charged
for each additional 32-gallon or smaller container for
rear yard pickup. A fee of $32.60 will be charged for
side or rear building collection of each 90-gallon
container.
(iii) Base charge: $5.42 for each account. The base charge
wilt be included in the monthly charge for active
accounts. Dormant accounts will be assessed the base
charge.
b. Motels, apartment motels, or apartments renting by day or week; all
containers serving the premises shall be centrally located at one collection
point.
(i) Curbside pickup:
First living uni,t, minimum 16.30
All additional living units, per unit 8.53
(ii) Side rr rear building collection:
First living unit, minimum 32.60
All addidonalliving units, pef unit 16.30
-38-
'.j
Subject
AITACHMENT 1
APPENDIX A.SCHEDULE OF FEES, RATES AND CHARGES
Amount
Motels, apartment motels, or apartments renting by day or week with
commercial containers. In accordance with the schedule in subsection
(5){d)2.a. of this section.
Commercial buildings of all types such as stores, hotels, factories, filling
stations, service establishments and the like with separate water metering for
twice weekly collection.
c.
d.
(i)
(ii)
Curbside pickup, minimum ,
Side or rear building collection:
Two containers, minimum
Each additional container
Commercial containers: In accordance with the schedule in
subparagraph (5)(d)2.c of this section.
16.30
32.60
11.37
e. Each building containing four or more separate business or professional
offices and one common water meter.
(iii)
(i)
Curbside pickup:
First eight containers
Each container in excess of eight
Side or rear building collections:
First eight containers
Each container in excess of eight
Commercial containers: In accordance with the schedule in
subparagraph (5)(d)2.c. of this section.
(ii)
(iii)
2. Monthly charges for daily commercial (except Saturday, Sunday and holidays)
collection for solid waste in prescribed containers.
a.
Curbside pickup:
(i)
(ii)
One container, minimum
Each additional container
b. Side or rear building collection:
(i)
(ii)
One container, minimum
Each additional container
c. Commercial containers:
(i) Uncompacred commercial:
-39-
68.20
10.00
136.40
20.00
42.62
42.62
85.25
85.25
ATTACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subject :1
Amount : I
Size Times per Week Pickup
(cubic
yard)
1 2 3 4 5 6
1 $ 41.82 $ 75.85 $108.86 $150.37 $ 198.78 288.64
2 75.90 138.66 201.41 277.33 369.18 543.06
3 98.19 179.40 260.60 358.85 477.71 702.72
4 117.94 217.60 317.26 437.83 583.70 859.85
.'
5 118.12 236.23 354.35 497.24 670.13 997.40
6 159.50 296.07 432.64 597.87 797.76 1,176.17
8 201.38 374.91 548.44 758.38 1,012.37 1,217.64
No new one-yard commercial containers shall be
provided after January 3, 1991.
(ii) Compacted commercial: I
Size Times per Week Pickup I
(cubic I
yard) I
I
1 2 3 4 5 6 I
1 $ 88.82 $ 177.65 $ 266.47 $ 373.94 '$ 503.95 $ 750.06 I
I
1
2 151. 86 303.71 455.57 639.29 861.56 1,282.32 I
I
!
3 214.89 429.78 644.66 904.64 1,219.17 1,814.58 I
I
1
i
4 277.97 555.94 833.91 1,170.21 1,577.07 2,347.28 I
I
5 340.95 681.90 1,022.85 1,435.34 1,934.39 2,879.09
40-
Size
(cubic
yard)
6
8
ATIACHMENT 1 .
APPENDIX A-SCHEDULE OF FEES~ RATES AND CHA.RGES
Subjtct
Amount
TImes per Week Pickup
1
5
6
2
3
4
403.98
1,700.69
3,411.35
2,291.99
807.96
1,211.95
,
530.04
2,231.40
3,007.21
3,616.95
1,060.09
1,590.13
3. The charge for the collection of loose trash or garbage shall be $149.50 per hour or
$2.49 per minute for time on site with a minimum charge of $25.00.
4. The charges set forth above shall be subject to adjustment for increases or decreases
in the dump fee. Uniform increases or decreases shaH be recommended by the public
works director and approved by the city J;Ilanager, and a copy of the adjusted charges
shall be filed with the city clerk. Other increases or decreases shall be subject to
approval by the adoption of an ordinance by the city commission, upon the
recommendation of the city manager.
@te1 Recycling.
1.
2.
Recovered materials dealer annual application fee
Curbside recycling: .
$50.00
a. Monthly charges for curbside service for once-weekly collection for each unit:
Calendar Year
1994
1998
1995
1996 1997
$1.99
2.12 2.05
1.99
2.05
b. Charge for additional curbside recycling bins or replacement of bins lost or
damaged due to negligence shall be: Cost plus $1.00 handling charge per bin
(one-time charge per delivery).
c. Charge for a curbside recycling bin toter shall be: Cost plus $1.00 handling
charge.
d. Special collection of recyclables where City services a bin at the residence or
carries bin to curb, without physician's certification of medical necessity, shall
be: Twice the curbside recycling charge.
3. Monthly charges for multifamily collection of prescribed service:
a. Service with semi.automated carts:
-41.
-42~
-
.
ATIACHMENT 1
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
Subj~ct Amount
Calendar Year
1994 1995-97 1998
2x 14.00 14.50 15.00
,
3x 21.00 21.75 22.50
4x 28.00 29.00 30.00
i
.
. ,
j
5x 35.00 36.25 37.50
6x 42.00 43.50 45.00
. ,
b. Service with non-compacted commercial container:
TImes Per Week Pickup
Dwnpsrer 1 2 3 4 5 6
Sit.e
(cubic
yard)
2 $44.02 $80.42 $118.82 $160.85 $214.12 $314.97
3 56.95 104.05 151.15 207.84 277.07 407.58
4 68.41 126.21 184.01 253.94 338.55 498.71
6 92.51 171. 72 250.93 346.76 462.70 682.18
8 116.80 217.45 318.10 439.86 587.17 706.23
Multifamily complexes serviced with one compartmentalized container cluster of four
equates to one three cubic-yard dumpster.
4. Monthly charges for commercial collection represents the target level of commercial
recycling from which the solid waste division will flex up or down to be competitive
with certified recovered materials dealers (private recycling companies) operating
-43-
ATIACHMENT 1
APPENDIX A4SCHEDULE OF FEES, RATES AND CHARGES
Subject
Amount
within Clearwater.
a. The target level charge for service with semi-automated carts shall be charged
on the same basis as rates included in 3.a.
b. The target level charge for service with non4compacted commercial containers
shall he the same as rates included in 3.b. above.
OO~ Stormwater management utility rates. The stormwater ~anagement utility rates shall be based
upon the revenue requirements for the construction, administration, management, engineering,
operation and maintenance of the stormwater managem~nt system, and the adopted capital
improvement program funding needs of the system. For the purposes of these rates, the terms
shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in
sections 32.002 or 1.02.
1. Basic rate. The rate for one equivalent residential unit or ERU shall be established at
$3.00 per ERU per month.
2. Residential property fees. The monthly fee for each residential property shall be:
Single-family
Duplex. units
Condominium units
Apartments
Mobile homes
1 ERU/dwelling unit
1 ERU/dwelling unit
1 ERU/dwelling unit
1 ERU/dwelling unit
1 ERU/dwelJing unit
3. Nonresidential property fees. Nonresidential property shaH be charged on the basis of
the impervious area of the property in accordance with the following formula:
Impervious area (sq. ft.) divided by 1,830 sq. ft. = Number of ERU's. A minimum
value of 1.0 ERU shall be assigned to each nonresidential property. The impervious
area of each nonresidential property shall he as detecmined by the city engineer.
ERU's shall he rounded to the nearest one-tenth of a unit.
4. Undeveloped property. Stormwater management utility fees shall not be levied against
undeveloped property pursuant to this article.
.moo Reclaimed water rates. The uniform cate foc the use or availability of use of the reclaimed
water system shall be $13.77 per month per acre of pervious area for all reclaimed water
system customers. "Pervious area" means as defined in Section 32.352. This rate shall be
reviewed annually and revised as necessary to recover the operating and maintenance costs of
the reclaimed water system in a fair and equitable manner.
ffi(et Miscellaneous additional charges:
(a) Applicable during normal working hours:
1. Tum...on (iReh:ldes iRitiallight up only, tloes Rot inelude any service):
-44-
.
A IT ACHMENT 1
APPENDIX AMSCHEDULE OF FEES, RATES AND CHARGES
Subjtct
Amount
a.
G~ meter, per meter
Water meter, per meter
20.00
20.00
b.
2.
3.
4.
5.
S-6.
7.
28.
19.
Special reading
Collector fee (for each collection attempt)
Check reading (if correct reading has been made)
Turn OR gas pilot
Read for change of account
Reset metef-Gas
Reset meter-Water
Water meter test if meter is correct:
~
15.00
5.00
15.00
15.00
15.00
50.00
50.00
a.
Less than or equal to 2-inch size
Greater than 2Minch size
50.00
100.00
b.
~.J.Q. Dishonored check service fee. See section 2.528
II. Gas meter testing (in shop) if meter is eorreet 25.00
. 12. Return call Customer not present at first call as arranged 15.00
2H. Turn-off, gas-ef water N/C
14. Inspections:
B. First hookup or B.flpl ianee 3.00
b. Eaeh additional hookup or appliance 1.00
~. Lawn meter removed 70.00
ll-l6. Duplicate bill preparation for payments (mailed in or customer walk in) N/C
12-l+. Water meter downsize or upsize (no new tap needed):
'- a. From IMjnch meter or to I-inch meter 60.00
.:.~
.~ b. From 1 II2-inch meter or to 1 112Minch meter 110.00
c. From 2-inch meter or to 2M inch meter 160.00
d. From 3-inch meter or to 3-inch meter 330.00
e. From 4-inch meter or to 4-inch meter 385.00
f. From 6-inch meter or to 6-inch meter 400.00
Any combination of downsizing and subsequent upsizing or upsizing
and subsequent downsizing for the same service, per meter, will not
be allowed more than once every three years.
l3.-l-S . Leaks, gas-&f water N/C
(b) The charges in the preceding table will be doubled for services between 4:30 p.m. and 8:00
a.m. on workdays and all day during holidays and weekends.
(e) Demestie service eharge. Thirteen dollars per employee per one half hour with a $26.00
minimum.
(d) Commercial ifl5taJlatioR.
45-
A TrACHMENT I
. APPENDIX A~SCHEDULE OF FEES, RATES AND CHARGES
Subject Amount
1. Thirteen sellars per employee per one half hour for one employee anu a tnlelc, 'lIilfl.-a
$26.00 minimum.
2. Twenty six sellars per ene hwf hour f-or t'NO employees and a truel" with 8 $26.00
minimum for delivery ar a $39.00 minimum for repair and installation.
(0) Mileage charge. fA mileage charge ef $0.50 per mile 'Nm be added to all service calls outside
the 6riginal ga:s serviee area, unless prohibited by a gas system franchise. The original gas
service area is Bounded on the seuth by UlmertoR ReaEl, on the 'Nest by the Gulf of Mexico,
en the north by Curle'.... Road and on the east by Tampa Bay l:\fId the Lake Tarpon CanaJ..:
(f) Spceial seasonal gas turn OR. The city manager is authorized to reduce the ~8:S rurn OR charge
by Rat more than 50 percent during 8 period beginning not earlier thllR September 1 and
ending not later than November 39, as reeomrnended by the publie works director, in order to
eneeurage early turn on and to reduce the worklead at the beginning of tht) heating season.
illt+7 Orher miscellaneous charges:
(a) Water:
1.
2.
3.
4.
5.
(b) Gas:
1.
2.
3.
4.
5.
Unauthorized water system use: For any use of water, unauthorized,
per occurrence
Bypass: Ten percent of average monthly bill for each day since last
reading.
Broken stop locks on water meters
Repair or replace tampered or damaged meter or any other part of the
water system: $20.00 plus labor and material. To relocate water
meter: Time and material.
Unauthorized use of fire hydrants
100.00
20.00
200.00
Broken stop locks on gas 10.00
Reactivate gas meter charge: A charge of S50.OO for meter reset if
service is restored where it has been cut and capped if heat only.
Where two or more gas appliances are to be used where the service line has been cut
and capped; there will be a charge of $25.00 to restore the meter.
To reactivate meter on rental apartment units where service has not been cut, a charge
of $15.00 will be required for meter reset.
A minimum charge of $50.00 per month is required on gas service for any other
standby purposes, in addition to the account charge. Consumption will be billed at the
general service rate.
6. To relocate a gas meter 60.00
7. Unauthorized gas system connection, for removaJ 25.00
8. Bypass: Ten percent of the average monthly bill for each day since last reading.
ili.l Solid waste ro/l~off container service:
!...fI-) Permit fee to place or service containers (~ 32.292(3))
50.00
46-
,
.f
>'
...
..
ATfACHMENT 1
APPENDIX A-SCHEDULE OF FEES. RATES AND CHARGES
Subject
,.
Amount
~~ Monthly fee of 15 percent of the gross revenue billed by permit holder from the
installation or servicing of roll~ff containers within the city for the preceding month,
including roll~ff containers installed permanently and temporarily (~ 32.293(4)(b)).
(Code 1980, ~fi 50.05, 54.21, 54.22; Ord. No. 5058, ~ 5, 12-20-90; Ord. No. 5062, fi 1, 1-3-91;
. Ord. No. 5080, ~ 1, 3-7-91; Ord. No. 5102, ~ 1, 6-20-91; Ord. No. 5162, ~~ 1-3, 1-2-92; Ord. No.'
5219, ~ 1, 9-17-92; Ord. No. 5258, ~ 1, 8-13-92; Ord. No. 5284, ~ 1, 10-1-92; Oed. No. 5314-92,
fi 1, 12-3-92; Ord. No. 5344-93, fi 1, 2-18-93; Ord. No. 5454;93, ~ 1, 9-16-93; Ord. No. 5325M93,
fi 1, 3-17-94; Ord. No. 5506-94, ~ 4, 1-20-94; Ord. No. 5700-94, 9 1, 11-3-94)
XXVI. CLEARWATER GAS SYSTEM FEES. RATES AND CHARGES
This is a newly created sectiOD. See Attachment 2 for this section in its entirety.
i
I
I
I
i
I
I
., I
,
,
XXVII. WATERWAYS AND VESSELS:
i.
Temporary pe"rmitfor live-aboard vessels. not to exceed (~ 33.054(2))
15.00
-47-
'\,. .
ATTACHMENT 2
APPENDIX A. SCHEDULE OF FEES, RATES AND CHARGES
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (~ 32.068):
(1) Natural Gas Service Rates. The following monthly rates shall
apply to all customers who are provided the availability of
natural gas service by the Clearwater Gas System, based on
their applicable class of service:
(a) Residential Natural Gas Service (Rate RS): Firm natural
gas service for domestic uses in all residences of three
(3) units or less.
Monthly Customer Charge ............... $ 5.00
Non-Fuel Energy Charge ................ $ 0.480 per ther.m
Minimum Monthly Bill .................. $ 5.00
Effective 10/1/96
Monthly Customer Charge................ $ 6.00
Non-Fuel Energy Charge. . . . . . . . . . . . . .. .. $ 0.530 per therm
Minimum Monthly Bill................... $ 6.00
(b) Small Natural Gas General service (Rate 5GB): Firm
natural gas service for all commercial, industrial, and
other applications where no other rate is applicable and
the customer's annual consumption at the premise is 0 -
17,999 therms.
Monthly Customer Charge ............... $15.00
Non-Fuel Energy Charge ................ $ 0.430 per therm
Minimum Monthly Bill.................. $15.00
Effective 10/1/96
Non-Fuel Energy Charge................. $ 0.400 per therm
(c) Medium Natural Gas General Service (Rate MGS1: Firm
natural gas service for all commercial, industrial, and
other applications where no other rate is applicable and
the customer's annual consumption at the premise is
18,000 - 99,999 therms.
Monthly Customer Charge ............... $20.00
Non-Fuel Energy Charge ................ $ 0.380 per therm
Minimum Monthly Bill.................. $20.00
Effective 10/1/96
Non-Fuel Energy charge................. $ 0.350 per therm
1
~ h. ,
ATTACHMENT 2
APPENDIX A - SCHEDULE OF FEES. RATES AND CHARGES
(d) Large Natural Gas General Service (Rate LGS): Firm
natural gas service for all commercial, industrial, and
other applications where no other rate is applicable and
the customer's annual consumption at the premise is
100,000 therms or more.
Monthly Customer Charge ............... $50.00
Non-Fuel Energy Charge ................ $ 0.330 per therm
Minimum Monthly aill .................. $50.00
Effective ~O/1/96
Non-Fuel Energy Charge................. $ 0.300 per therm
(e) Interruptible Natural Gas Service (Rate IS):
Interruptible natural gas service available under a
standard agreement for typically industrial applications
where the customer 1 s annua 1 consumption at the premise is
100,000 therms or more i the customer agrees contractually
to purchase a minimum of 250 therms/day (excluding
curtailment days) i and where the customer has either
install8d alternative fuel capability and/or
contractually agrees to curtail service at the request of
the Clearwater Gas System, subject to penalties for
failure to comply.
Monthly customer Charge ............... $100.00
Non- Fuel Energy Charge ........ ~ . . . . . .. $ o. 260 per therm
Minimum Monthly Bill......... ......... $100.00 plus the
Non-Fuel Therm Rate for the minimum number of
contract therms per day
(f) Contract Natural Gas Service (Rate eNS): Contract
natural gas service for special applications and
conditions approved by the City Manager. This rate is
typically applicable where competitive fuel sources are
confirmed to be available to the customer and a special
rate with special conditions are required to obtain/
retain the customer. This rate may be used to construct
a special standby rate where the customer requires
capability to serve, but normally uses an alternative
energy source. such service must fall within the normal
construction feasibility formula to insure a profitable
payback to the City.
Monthly Customer Charge ... As Established by Contract
. (typically the same as the normally
Applicable service Class)
Non-Fuel Energy Charge .... Per Therm as Established by
Contract
Minimum Monthly Bill ...... Monthly customer Charge
Plus the Non-Fuel Therm Rate for a
Contract Level of Monthly Consumption
2
A 11 ACH MENT 2
,
APPENDlX A - SCHEDULE OF FEES, RATES AND CHARGES
(g) Residential Natural Gas Air Conditioning Service (Rate
RAC) : Firm natural gas service for domestic gas air
conditioning in all residences of three (3) units or less
where the gas air conditioning load is separately
metered.
Monthly Customer Charge ............... $ 5.00 only if
this is not already being billed on another metered
account at the premise on a firm rate schedule
Non-Fuel Energy Charge ................ $ 0.200 per therm
Minimum Monthly Bill............. ..... $ 5.00 at the
premise on a firm rate schedule
Effective 10/1/96
Monthly customer Charge................. $6.00 only if
this is not already being billed on another metered
account at the premise on a firm rate schedule
Minimum Monthly Bill................... $6.00 at the
premise on a firm rate schedule
(h) General Natural Gas Air Conditioning service (Rate GAC):
Firm natural gas air conditioning service for all
commercial, industrial, and other non-residential
applications where the installed gas air conditioning
capacity is 0 - 149 tons and the gas air conditioning
load is separately metered.
Monthly Customer Charge ............... $15.00 only if
this is not already being billed on another metered
account at the premise on a firm rate schedule
Non-Fuel Energy Charge ................ $ 0.150 per therm
Minimum Monthly Bill.................. $15.00 at the
premise on a firm rate schedule
(i) Large Natural Gas Air Conditioninq service (Rate LAC):
Firm natural gas air conditioning service for all
commercial, industrial, and other non-residential
applications where the installed gas air conditioning
capacity is 150 tons or more and the gas air conditioning
load is separately metered.
Monthly Customer Charge ............... $20.00 only if
this is not already being billed on another metered
account at the premise on a firm rate schedule
Non-Fuel Energy Charge ................ $ 0.100 per therm
Minimum Monthly Bill.................. $20.00 at the
premise on a firm rate schedule
3
ATI'ACHMENT 2
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
(j) Natural Gas street Lightinq Service (Rate SL): Natural
gas service for lighting of public areas and ways.
Service may be metered or estimated at the discretion of
the gas system. When the gas system provides poles,
fixtures, piping~ and/or installation labor beyond the
service connection point, Faclli ties Contract Charg'es may
be assessed.
Monthly Customer Charge ............... $15.00
Non-Fuel Energy Charge ................. $ 0.200 per therrn
Normal Maintenance & Relighting
Labor Service Charge ............. $ 0.100' per thetlll
plus any required equipment/parts
Minimum Monthly Bill.................. $15.00 plus any
applicable Facilities Contract Charges
(k) Contract Natural Gas Transportation service (Rate CTSl:
Service for transportation of someone else's natural gas
through the Clearwater Gas System for supply to another
gas system or an individual customer. This is handled
like a Contract Natural Gas Service and must be approved
by the city Manager. provision of this service must fall
within the normal construction feasibility formula to
insure a profitable payback to the city.
Monthly Customer Charge ... As Established by Contract
(typically the same as the normally
Applicable service Class)
Non-Fuel Energy Charge .... Per Therm as Established by
Contract (typically the same as the
normally applicable service rate)
Minimum Monthly Bill ...... Monthly Customer Charge
Plus the Non-Fuel Therm Rate for a
contracted Level of Minimum Monthly
Flow as well as any Facilities
contract Charges for Special
Facilities and Metering Required to
Provide this Transportation Service
(1) Natural Gas Vehicle service (Rate NGV): Natural gas
service for fleet vehicle fueling. This is a contract
rate approved by the city Manager. provision of this
service must fall within the normal construction
feasibility formula to insure a profitable payback to the
city.
Non-Fuel
Customer Charge ...... $ 5.00 for Residential or
$15.00 for General Service applications
. only if a customer Charge is not already
being billed on another metered account
at the premise on a firm rate schedule
Energy Charge....... $ 0.100 per therm plus any
Monthly
4
.....
ATTACHMENT 2
APPENDIX A - SCHEDULE OF FEESt RATES AND CHARGES
applicable Customer-specific or Public
Fill station per therm Facilities Charges
Required to Provide this Service
Minimum Monthly Bill......... Monthly Customer Charge,
if applicable, plus any monthly
Facilities Contract Charges for special
Facilities, Metering or Fleet Conversion
Costs Required to Provide this Service
Effective 10/1/96
Monthly Customer Charge....... $6.00 for Residential or
$15.00 for General Service applications
only if a Customer Charge is not already
being billed on another metered account
at the premise on a firm rate schedule
Note:
The total energy charges for this service
including all adjustments, facilities charges,
taxes, etc. may be expressed as a rate "per
gallon equivalent of gasoline."
(m) Natural Gas Emerqencv Generator or Other Standby Service
CRate NSS): Natural gas service to a metered account,
separately established for back-up service, where no
substantial gas service is used for year round purposes.
Monthly Customer Charge ............... $25.00
Non-Fuel Energy Charge ................ $ 0.430 per therm
Minimum Monthly Bill.................. $25.00 plus any
Facilities Contract Charges for the Facilities
and Metering Required to Serve This Account
Effective 10/1/96
Non-Fuel Energy Charge. ................ $0.400 per therm
(2) Propane (LP) Gas Service Rates. The following monthly rates
shall apply to all customers who are provided the availability
of propane (LP) gas service by the Clearwater Gas System,
based on their applicable class of service:
(a) Residential Propane Gas service (Rate RLP): Metered or
bulk delivered LP service for all domestic uses in all
residences of three (3) units or less.
Monthly Customer Charge ..........
Non-Fuel Energy Charge ...........
Minimum Monthly Bill
$
$
= $
$
5.00
0.650
0.710
5.00
per gallon
per therm
Effective 10/1/96
Monthly Customer Charge...........
Minimum Monthly Bill..............
$ 6.00
$ 6.00
5
ATTACHMENT 2
APPENDIX A - SCHEDULE OF FEES; RATES AND CHARGES
(b) General Propane Gas Service (Rate GLP): Metered or bulk
delivered LP service for all commercial, industrial, and
other applications where no other rate .is applicable and
the annual consumption at the premise is 0 - 2,499
gallons.
'1
, ,
: I
I
i
Monthly Customer Charge ..........
Non-Fuel Energy Charge ...........
Minimum Monthly
Bill .............
$15.00
$ 0.350
= $ 0.383
$15.00
per gallon
per therm
Effective 10/1/96
Non-Fuel Energy Charge............ $ 0.320 per gallon
= $ 0.350 per therm
(c) Large Propane Gas Service (Rate LLP): Metered or bulk
delivered LP service for all commercial, industrial, and
other applications where no other rate is applicable and
the annual consumption at the premise is 2,500 gallons or
more.
Minimum Monthly
Bill ""."..........
$20.00
$ 0.290
= $ 0.317
$20.00
per gallon
per therm
Monthly Customer Charge ..........
Non-Fuel Energy Charge ~..........
Effective 10/1/96
Non-Fuel Energy Charge............ $ 0.260 per gallon
= $ 0.284 per therm
(d) Contract Propane Gas Service (eLP): Contract metered or
bulk delivered LP gas service for special applications
and conditions approved by the city Manager. This rate
is typically applicable where competitive fuel sources
are confirmed to be available to the customer and a
special rate with special conditions are required to
obtain/retain the customer. Such service must fall
within the normal construction feasibility formula to
insure a profitable payback to the city.
Monthly Customer Charge ... As Established by Contract
(typically the same as the normally
applicable service class)
Non-Fuel Margin Rate ...... Per Gallon as Established
by contract
Minimum Monthly Bill ...... Monthly customer Charge
Plus the Non-Fuel Usage Rate for a Contracted
Level of Monthly Consumption
6
.'
ATfACHMENT 2
"
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
(e) Propane (LP} Gas Vehicle Service (Rate LPV}: Propane gas
service for fleet vehicle fueling. This is a contract
rate approved by the city Manager. provision of this : I
service must fall within the normal construction
feasibility formula to insure a profitable payback to the
city.
Monthly Customer Charge ....... $ 5.00 for Residential or
$15.00 for General Service
applications only if a Customer
Charge is not already being billed
on another metered account at the
premise on a firm rate schedule
Non-Fuel Energy Charge ........ $ 0.100 per gallon
= $ 0.109 per therm plus
any applicable customer-
specific or Public Fill
station Facilities
Charges Required to
Provide this Service
Minimum Monthly Bill.......... Monthly Customer Charge
plus any applicable monthly
Facili ties contract Charges for
Special Facilities, Metering or
Fleet conversion Costs Required to
Provide this service
Effective 10/1/96
Monthly customer charge. . . . . . .. $ 6.00 for Residential or
$15.00 for General Service
applications only if a customer
Charge is not already being billed
on another metered account at the
premise on a firm rate schedule
The total energy charges for this service
including all adjustments, facilities charges,
taxes, ete. may be expressed as a rate "per
gallon equivalent of gasoline."
(f) Propane Gas Emerqency Generator or Other Standby Service
(Rate LPS): LP gas service to an account separately
established for back-up service, either metered or bulk
delivered, where no other substantial gas service is used
for year round purposes.
Note:
Monthly Customer Charge ............... $25.00
Non-Fuel Energy Charge ................ $0.350 per gallon
= $ 0.383 per therm
Minimum Monthly Bill.................. $25.00
Initial Usage Charge ................. A one-time charge
7
ATfACHMENT 2
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
for the number of gallons required to
initially fill the LP tank (size as requested
by the customer)
Effective 10/1/96
Non-Fuel Energy Charge. . .............. $ 0.320 per gallon
= $ 0.350 per therm
(3) Other Gas Charges. The following charges and fees may also be
applied to customers of the Clearwater Gas System served under
an applicable natural gas or propane eLP) gas service rate:
(a) Facilities Contract Charqe (Rider FCC): A rider
applicable to any of the above rates to cover
installation of facilities beyond those typically
provided to other customers of the class or beyond the
costs incorporated into the applicable gas rate.
On-Going FCC Charges ................. A monthly charge
calculated to cover the on-going estimated
maintenance costs associated with the special or
additional facilities. These charges will be
contractual and subject to annual revisions upward
based on the CPI index or based on a revised cost
calculation at the discretion of the city Manager.
Time-limited FCC Charges ............. A monthly charge
calculated to cover the costs associated with
additional facilities as requested by.the customer,
excess main and service construction costs which do
not meet the Construction Feasibility formula, or
appliance/equipment sales costs. The interest rate
will be established contractually at the currently
applicable cost of marginal funds to the gas system
(gas revenue bonds or other financing instruments) .
The interest rate will be set by contract and
approved by the City Manager based on a review of
the currently applicable financing rates available
to the gas system and may be revised from time-to-
time.
Public Fill station Facilities Charge ..... A natural
gas per therm or propane (LP) per gallon charge
calculated to recover the common facilities costs
to provide such service. This will be calculated
and may be updated from time-to-time by the gas
system and approved by the city Manager.
(b) Purchased Gas Adjustment (Rider PGA): A rider applicable
to all natural gas therm rates and propane (LP) gallon
rates to recover the cost of the eGS I s purchased gas
supply, including losses and use by gas system
facilities/equipment. The currently calculated PGA rates
8
'AITACHMENT 2
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
for all rate schedules, unless specifically broken out by
contract, are:
Natural Gas Firm Standard
Rate Schedule PGA . . . . . . . . . . . $ 0.300 per therm
Natural Gas Interruptible and
Contract (Non-Standard)
Rate Schedule PGA . . . . . . . . . . . $ 0.230 per therm
Propane (LP) Gas
Rate Schedule PGA . . . . . . . . . . . $ 0.480 per gallon
= $ 0.525 per therm
The above PGA rates are based on 12 months ending April,
1995 actual Weighted Average Cost of Gas (WACOG). These
PGA Rates will normally be adjusted semi-annually in
April and October and may be adjusted upward or downward
from time-to-time with the approval of the city Manager
based on actual and projected supply costs and projected
consumption levels in order to recover the total cost of
the gas system's supply plus all costs attributable to
the acquisition of system supply gas. The over or under
recovery of these PGA costs will be computed monthly and
an adjustment in the PGA rate will be made at the
discretion of the city Manager; however, the PGA rate
will be adjusted anytime the over or under recovery for
either natural or propane (LP) supply gas exceeds or is
projected to exceed $100,000. The differential between
the Natural Gas Firm standard Rate Schedule PGA and the
Natural Gas Interruptible and Contract (Non-Standard)
Rate Schedule PGA will be computed for each semi-annual
period based on the available records for the most recent
twelve (12) months by dividing the transmission pipeline
"Reservation Charges" component of the WACOG by the
therms sold to all of the Natural Gas Firm Standard Rate
Schedules. The Gas System may also segment specific gas
purchases for specific targeted customer(s) based on
contract.
(c) Energy Conservation Adiustment (Rider ECA): A rider
applicable to all firm standard natural gas therm rates and
standard propane (LP) gallon rates to recover the cost of
energy conservation programs undertaken by the Clearwater Gas
System and approved by the city Manager. The ECA will not be
applied to interruptible natural gas or contract rates. The
currently calculated ECA rates are:
Natural Gas Rate Schedule ECA .... $ 0.023 per therm
Propane (LP) Gas
Rate Schedule ECA ........... $ 0.021 per gallon
= $ 0.023 per therm
The above ECA rates are based on twelve (12) months
9
A1TACHMENT 2
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
ending actual expense levels. These ECA rates will
normally be reviewed semi-annually in April and October
and may be adjusted upward or downward from time-to-time
with the approval of the city Manager based on actual and
projected energy conservation program costs and projected
consumption levels in order to recover the total cost of
applicable gas system programs as approved by the city
Manager since March 1, 1995, including energy
conservation incentive payments as well as the labor and
other costs attributable to such energy conservation
programs. The over or under recovery of these ECA costs
will be computed and an adjustment in the ECA rate will
be made at the discretion of the City Manager; however,
the ECA rate will be adjusted anytime the over or under
recovery exceeds or is projected to exceed $100,000.
(d) Environmental Imposition Adiustment (Rider EIA): A rider
applicable to all firm standard natural gas therm rates
and standard propane (LP) gallon rates to recover the
cost of environmental programs imposed on the Clearwater
Gas System by Federal, state and Local regulatory
agencies. The EIA will not be applied to interruptible
natural gas or contract rates. The currently calculated
EIA rates are:
Natural Gas Rate Schedule EIA .... $ 0.005 per therm
Propane (LP) Gas
Rate Schedule EIA ........... $ 0.005 per gallon
= $ 0.005 per therm
The above EIA rates are based on twelve (12) months
ending actual expense levels. These EIA rates will
normally be reviewed semi-annually in April and October
and may be adjusted upward or downward from time-to-time
with the approval of the city Manager based on actual and
projected environmental project costs and projected
consumption levels in order to recover the total cost of
gas system environmental cost impositions as approved by
the city Manager since February 1, 1993, as well as the
labor and other costs attributable to such environmental
projects. The over or under recovery of these EIA costs
will be computed and an adjustment in the EIA rate may be
made at the discretion of the City Manager; however, the
EIA rate will be adjusted anytime the over recovery
exceeds or is projected to exceed the plan by $100,000.
These EIA costs may be recovered over an extended time
period as approved by the city Manager.
(e) Weather Normalization Adjustment (Rider WNA): A rider
applicable to all firm standard natural gas therm rates
and standard propane (LP) gallon rates to recover loss of
revenues to the Clearwater Gas System due to unusually
10
A l~rACH MENT 2
APPENDIX A . SCHEDULE OF FEES, RATES AND CHARGES
warm winter weather or to return excess revenues to the
customers due to unusually cold winter weather. The WNA
will not be applied to interruptible natural gas or
contract rates. The WNA rate will initially be set at:
Natural Gas Rate Schedule WNA ..
Propane (LP) Gas
Rate Schedule WNA .........
$ 0.000 per therm
$ 0.000 per gallon
The WNA rates will be reviewed at the end of each winter
season and may be implemented based on actual heating
degree day data, the gas system's projections of the
impact of this weather on revenues, and projected
consumption levels. The implementation of the WNA will
be at the sole discretion of the city Manager only if the
heating degree day data for the winter season exceeds at
least a 10% variation from the ten (10) year historical
average and the city Manager determines that this has
created a material impact on the earnings of the
Clearwater Gas System for the year warranting the WNA
implementation. Any over or under recovery or
distribution may be credited or debited to the PGA at the
discretion of the city Manager upon discontinuance of the
charge/credit from the previous winter season.
(f) Franchise and other city /countv Fees Recovery Clause
(Rate FFR): A charge levied by the Clearwater Gas System
on every purchase of gas within a municipality or county
area to reCO'ler the costs assessed by governmental
entities in accordance with the franchise agreement in
.force between the City of clearwater and that other
governmental entity and including any other otherwise
unrecoverable fees, special taxes, payments in lieu of
taxes, or other impositions by any governmental entity
(including the City of clearwater) on the services of the
Clearwater Gas System sold within such municipality or
county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the
franchise fees and other governmental fees, taxes, and
other impositions levied on services within that
governmental jurisdiction. wi thin the city of Clearwater
where a franchise agreement is not in force, the city of
Clearwater will levy a 6% Payment in Lieu of Taxes on all
gross natural gas sales excluding interruptible and
contract services and the Clearwater Gas System will bill
this in the same manner as if it were a franchise fee.
(g) Tax Clause (TAX Various) : All taxes due the
appropriate governmental entities (such as but not
limited to State of Florida gross receipts tax, state of
Florida sales tax, county sales tax, municipal utility
tax, and others which may be legally levied from time to
11
I'
AITACHMENT 2
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
(h)
time on the purchase of gas) will be billed to the
customer receiving such service and rendered to the
governmental entity in accordance with the applicable
statute, ordinance, or other legally enforceable rule,
other Miscellaneous Gas Charqes: The following charges
are applicable whenever applicable gas services are
rendered the customer:
Meter turn-on residential (per account for new
customers, seasonal reconnects, and after
nonpayment disconnect including turn-on
of pilot lights) .......................... $25.00
Meter turn-on commercial/industrial (per
account for new customers, seasonal
reconnects, and after nonpayment
disconnect including turn-on of pilot
lights) .....,........................ lit . . . . 11 $50.00
Meter Read for account change (no meter
turn-on required but may include turn-on
of gas pilot light) ........................ $25.00
Meter turn-on surcharge - same day service (per
account as requested by the customer) ...... $25.00
Replace broken stop locks on meter .............. $30.00
Relocate gas meter .................... Time & Materials
Turn-on gas pilot lights only (per account) .. .'... $20.00
Turn-off gas pilot lights only (per account) .... $15.00
Repair or installation work
- 1 person crew time on-site .......... $40.00/hour
- 2 person crew time on-site .......... $72.00/hour
overtime surcharge (as requested by the
customer) ................... ... Double normal rate
Special meter reading (per account at
customer request) .......................... $15.00
Gas meter test - if results are within limits
(per meter at customer request) .... .... ... $25.00
Reset gas meter after customer requests
remova 1 (per meter) ....................... $50.00
Unauthorized meter bypass or hookup ... Time & Materials
other services not normally provided .. Time & Materials
Collector fee ......................... See Appendix A-
Public Works utility Tariffs, Section (4) (a) 3
Dishonored check service fee... See Code of ordinances,
Section 2.528
Missed appointment - customer
not present at as arranged... ........... ... $15.00
Leak inspection ................... ........... No Charge
Special seasonal gas turn-on ....... The city Manager is
authorized to reduce or eliminate the normal gas
turn-on charge during a period beginning not
earlier than August 15th and extending through not
later than November 15th to attempt to levelize the
12
ATTACHMENT 2
APPENDIX A -SCHEDULE OF FEES, RATES AND CHARGES
workload at the beginning of the heating season.
(4) Gas Contract and Rate Application POlicies: The following
represent policies of the City of clearwater as applied by the
Clearwater Gas System:
(a) Uniformity of Rate and Service Application: To the
extent that the customer requests a review of his/her
rate account, all rates, charges and contract provisions
are intended to be consistently and uniformly applied to
all customers of the same type with the same usage
characteristics, fuel options, and equipment
capabilities. Any customer who feels that they have been
treated unjustly and is unable to resolve the dispute
with Clearwater Gas system personnel and management has
full access to the normal city of Clearwater utilities
dispute resolution process as defined in the City Code of
ordinances (~ 32) including appeal rights to the Gas
System Managing Director. If the customer remains
dissatisfied after attempting to resolve the problem with
the Gas System Managing Director, they may register a
formal complaint by directing their concern in writing to
the city Manager who will schedule a meeting with the
customer to determine the facts and make a final rUling
on the resolution of the dispute.
(b) Contract Rate Level Determination: It is the policy of
Clearwater Gas system to offer a customer or potential
customer who currently uses or has access to an alternate
energy source and has the capability to use this
alternate energy source, a rate level which is 5% below
that alternative, provided that such a rate application
will provide a reasonable profit margin to the Clearwater
Gas System and the extension of any capital investment to
serve such a customer falls within the normal gas system
construction feasibility formula. Where the capability
to use such alternative energy source will require an
initial additional capital outlay by the customer, the 5%
lower level may be based on a net present value
calculation over the expected life of the facility.
(c) Rate Schedule Reductions: The city Manager is authorized
to reduce the billing charge(s) for any rate schedule(s)
towards achieving the "cost of service based rates" as
recommended in the most recent rate study done for the
Clearwater Gas System.
Cd) Ma in and service Extension Construction Feasibili t~
Whenever a perspective customer requests a new gas
service, the Clearwater Gas System will extend service to
the prospective customer under the following conditions:
13
.'
AITACHMENT 2
APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES
1. Design considerations The extension of gas
service to the perspective customer can be
reasonably accomplished within good engineering
design, access 'can be secured though easements or
right-of-way, and the service will not jeopardize
the quality of gas service to existing customers.
2. Main .Line Extension Construction Feasibility - The
maximum capital investment which will be made by
the Clearwater Gas System to extend main lines and
services to serve a new customer(s) shall be seven
(7) times the estimated annual gas revenue to be
derived from the facilities less the cost of gas
and the cost of monthly meter reading, customer
accounting and billing. The formula shall be:
Non-fuel Energy Rate
X Estimated Annual Therms/Gallons
Estimated Annual Gas Non-Fuel Revenues
X 7 Years
Maximum Investment for Construction Feasibility
I'
The Monthly customer Charge is assumed to
cover the cost of meter reading, customer
accounting and billing.
3. Service Line Extensions - The Clearwater Gas System
will install gas service lines off of the main line
at no charge to the customer under the following
circumstances:
Note:
o A year round customer has installed gas
equipment with an estimated minimum annual
consumption of two (2) therms per foot of
service line required, or
o The cost of such service line extension meets
the Maximum Investment for Construction
Feasibility (as defined "b." above).
o Customers who do not meet the criteria for
service extensions as set forth above will
either be charged the estimated construction
cost per foot for the exces~ footage or pay a
CIAC to cover the deficiency amount from the
above Construction Feasibility formula or
enter into a Facilities Charge contract
sufficient to cover this deficiency plus
interest within a period of seven (7) years.
4. Customer Contribution Required - If the capital
14
"
ATTACHMENT 2
APPENDIX A M SCHEDULE OF FEES, RATES AND CHARGES
construction costs to extend the main exceed the
Maximum Investment for Construction Feasibility,
the developer/customer(s) will be required to
either provide a contribution in Aid of
construction (CIAC) to cover the excess investment
amount or satisfy this deficiency by entering into
a Facilities Charge contract sufficient to cover
this deficiency plus interest within a period of
seven (7) years. Such Facilities Contract Charges
,may be reduced or potentially discontinued entirely
to the extent that other customer (s) are added
beyond the initial customer(s), the facilities
covered by the Facilities Contract Charges are used
to serve these additional customer(s), and to the
extent that there are calculated excess dollars
above the additional customer(s) Maximum Investment
for Construction Feasibility minus the capital
construction costs for the mains to serve these
additional customer(s).
5. Conversion of Equipment to Natural Gas The
Clearwater Gas system will convert the customerts
existing orifice(s) to accept natural gas at no
cost to the customer, provided that for commercial
and Industrial customers the use is year round; the
customer enters into a five (5) year contract to
exclusively use the natural gas service of the
Clearwater Gas system; and this amount, when added
to the other cost to serve amounts, is still
renders the project feasible.
6. Relocation of Gas Service Facilities When
alterations or additions to structures or
improvements on customer's premises require the
Clearwater Gas System to relocate metering, service
line, or main line, or when such relocation is
requested by the customer for whatever reason, the
customer may be required to reimburse the
Clearwater Gas System for all or any part of the
costs incurred to accomplish such relocation of gas
system facilities.
15
~:i" .
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Clearwater
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Information l\1anagement
Department
July 21, 1995
NEWS RELEASE
P.O. BOX 4748
CLEARlNATER. FL 346\8-4748
TELEPHONE (813) 462-6679
For more information:
Clearwater Gas System
chuck warrington, Managing Director
(B13) 462-6630
CLEARWATER G~S SYSTEM PROPOSES NEW RATES
The Clearwater Gas System (CGS) has released to the City of
Clearwater Commission proposed new gas rates which are designed to
be more responsive to the competitive energy challenges of today
and the foreseeable future. The utility Advisory Services Group of
the respected accounting firm of Coopers & Lybrand L. L. P. was
retained by the City to review the current CGS rate structure.
, Michael E. Barrett, C.P.A., Partner in charge of the project for
) Coopers & Lybrand, said, liThe purpose of the rate study was to
review the appropriateness of the Clearwater Gas system's current
customer rate structure and propose rates which recover from each
class of customer the cost to serve' that customer class. The
proposed rate structure is based on modern utility rate-making
practices and should position CGS to be more competitive to meet
the energy challenges of the next decade."
Clearwater has not changed its base gas rates since 1985. Over
that ten (10) year period the Consumer Price Index (CPI) has
increased about 43%. The proposed new gas rates, including fuel
cost, represent an approximate 8.0% overall increase and will
position CGS at about the mid-point of the gas rates in Florida for
each of the customer classes. Natural gas prices are less than
half of the price of an equivalent amount of electrical energy.
The recommendation incorporates a phased-in implementation with
Phase I proposed to become effective for bills rendered on or after
october 1, 1995. Phase II is proposed to become effective for
bills beginning on October 1, 1996. Chuck Warrington, CGS Managing
Director, said, "These proposed gas rates are industry-based and
responsive to the competitive challenges that can be expected for
the foreseeable future. The rates reflect a fairer allocation of
expenses to the appropriate customer classes. The proposed gas
rates should provide a more healthy structure to insure the growth
) potential of the Clearwater Gas System while providing an adequate
,,; growth in dividend return to the city of Clearwater. It
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Clearwater City Manager Betty Deptula pointed out that, "The
Clearwater Gas System is an enterprise activity which provides
approximately $2.1 Million in dividends and transfer payments
annually to the city of Clearwater. This serves to reduce the ad'
valorem tax rate for the citizens of Clearwater by about 0.5 mill
annually. These rates will insure a healthy Gas System operation
which will support continued growth for the citizens of Clearwater
and the customers served by the utility."
The Clearwater Gas system provides natural and propane (LP) gas
service to 12,500 customers in eleven (L1) municipalities. and the
unincorporated areas of northern Pinellas County. CGS will begin
expansion into southwestern Pasco County in the next few weeks.
The Gas system connects about 1,000 new customers a year in new and
existing . subdivisions. These customers are attracted by the
benefits of this low cost energy source which is energy efficient,
environmentally clean, and produced in America.
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AGEN',DA
DATE-ZL~-B_ %
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ITEM # rie
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Clearwater City Commission
Agenda Cover Memorandum
Lt6,
Item fI
Heet I n9 Dote:
g'3.'\5
SUBJECT:
Resolution authorizing City Manager to establish and adjust library fines
and fees
RECOMMENDATION/MOTION:
Adopt Resolution 95-62 authorizing the City Manager or designee to
establish and adjust library fines and fees
~ Bnd that the appropriate officials be authorized to execute some.
BACKGROUND:
The Internal Audit of the Library Department, completed on May 15, 1995,
discovered that documentation did not exist to support the current and
historical practice of changes in library fines and fees being approved by
the City Manager. The Auditor. recommended submitting the attached
Resolution to the Commission so that it would be a part of the City's
official records.
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The Library Board annually considers changes in library fines and fees,
then recommends any revisions to the City Manager for approval. Fines for
most library materials and non-resident fees are established by the
pinellas Public Library Cooperative and are uniform throughout the county.
A few fines and fees (i.e. audio-visual materials, replacement library
cards) are set locally. The current chart of fines and fees is attached.
Reviewed by: I~ Origin~g Oept: Costs: $ N/A Commission Action:
Legal I~ library Total 0 Approved
Budget /-ItA. 0 Approved w/conditions
Purchasing /-ItA $ N/A
Risk Hgmt. NtA Current Fiscal Yr. 0 Denied
CIS Nt~ User Oept: 0 continued to:
At'" '-k::...- Funding Source:
Other 0 Capi tal Imp.
Advertised: 0 Operat ing Attachments:
Dote: 0 Other Resolution 95-G:J..
/'-j Paper: Library Fines and Fees
> j.:1
I ~ Hot Rcqu\ "cd
Submitted by: Affected Parties 0 None
t~ ~ r 0 Not Ifi ed Appropriation Code:
Clt nnng9 t'l Not Required N/A
o Printed on recycled popcr
,',
"
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t~'i..; ....1." .,
Pi:~;~~q,.~~.~ ;.' ,;d.
It
RESOLUTION NO. 95-62
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO ESTABLISH AND ADJUST LIBRARY FINES
AND FEES.
WHEREAS, the Library Board has historically
recommended library fines and fees to the City Manager;
WHEREAS, the City Manager has, in the past, approved
the revision of these fines and fees;
WHEREAS, Resolution No. 95-31, adopted on June 1,
1995, authorized the City Manager or designee to
establish and adjust rental fees for other city
departments;
WHEREAS, the fines for most library materials are
uniformly established by the pinellas Public Library
Cooperative;
,
,
!
BE I.T RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
The City Manager' or designee shall have t~e
authority to establish and adjust fines and fees for
library materials, upon the recommendation of the Library
Board.
PASSED AND ADOPTED AS AMENDED this
, 1995
day of
Ri ta Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
'\
.;......... . ,
"
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LIBRARY ~OLICIES
r
L 6:
FINES AND BILLS 'P1'noVEo nv. ~A('F"
In order to encourage timely return of borrowed items, the Clearwater Public
Library System will assess fines when items become overdue.
.
.
In order to encourage recovery or replacement of items not returned within a
reasonable and defined time, the Clearwater Public Library System will assess the
cost of the item t.o the borrower and suspend his borrowing privileges until the
item is returned or paid for.
The specific procedures for fines and bills are defined within.
, .
FINES AND CrRC PERIODS
The computer calculates the fines by the Item Fine Code with the fine rate
assigned to the item fine code aaigned to the item. For details, see the Galaxy
Manual and the chart held by the circulation manager.
In general, all adult hardbacks, spine-labeled paperbacks,
children'S, and browsing paperbacks are $.10 per day.
All videos are $2.00 per day.
ITEM
General policy:
CIRC PERIOD
28 days for all bksfcas/recf
CDs, except I days for fiction
less than 6 months.
All videos--l days
FINES/NOTES
$.lO/dayu
I frea day + 2
grace days;
$2/day--l free day
. ~
r
1. Adult Fiction &
Adult'Nonfiction
Ha~dbackfJ 6 mos.+
spine-labeled paperbacks
2. New Adult Fiction
Hardbacks only
7-day sticker date
by barcode (stay 6 mos.)
3. New Adult Nonfiction
Hardbacks only
pull date by barcode
(stays 6 mos.)
4. BEST SELLERS (Fiction)
Hardbacks only
BEST SELLER sticker
7-day sticker
date by barcode
(may stay beyond 6 mOB.)
5. BEST SELLERS (Nonfiction)
Hardbacks only
BEST SELLER sticker
(may stay beyond 6 mos.l
6. Rental BEST SELLERS
Rental sticker on
spine~label
ADULT BOOKS
28 days
$.lO/day; renewals
OK unless ON HOLD;
reserves OK
"} days
$.10/daYI renewals
OK unless ON HOLD;
reservea OK
28 days
$.lO/day; renewals
OK; reserves OK
7 days
$ .10/day; NO renewals
NO reserves
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II
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28 days
$ .10/day; NO renewals
NO reserves
28 days
$ .10/day; NO renewals
NO reaerves
> ..1 ... _.. _. __,._, ....,.._ . ....... . w....~...
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LIBRARY ~OLICIES
7. paperbacksM-Browsing
(Fiction , Nonfiction)
Barcoded on back cover
no spine label
Page 2 of 3
EFFECTIVE DhTEI 4/1/95
nEVISEDt 2/23/95 SUPERSEDES I 10/1/94
0' N a4t>L.
U $ .10~day; renewals .
.
OK; reserves OK
I\ppnOVEO DY.
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FINES AND BILLS
2B days
a. Interlibrary loans
white cover sheet
INTERLIBRARY LOANS
As written on cover
sheet
As defined by lender 1
renewals OK if lender
allows
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9. All books
All hardbacks, all
paperbacks, j & Y labels
CHILDREN'S BOOKS
28 days
$.lO/day; renewals
OK; reserves OK
10. Adult magazines
Not current issue
Not at Main; IFC 89
CIRCULATING MAGAZINES
7 days
$ . la/day; NO renewals
NO reserveD
11. Children's magazines
Not current issue
IFC S8
7 days
$ .10/day I NO renewals
NO reserves
12. All REC/CAS/CD
Includes Fie, NF &
language tapes
REC j/y CAS j/y CD j/y
AUDIOVISUAL
2S days
$.lO/day; renewals
OK; reserves OK
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13. Newer videos
ItNewer 7-Day" on spine
label
7 days
$2/day (max.$20);
1 free day; NO grace
days; NO renewals;
NO reserves; 3 per
card--borrower must
present hiS/her own
card
14. Reservable videos
"Reservable" on spine
label I
7 days
$2/day (max.$20);
1 free day; NO grace
dayol renewals OK;
reserves OK; 3 per
eard~ -borrower must
present his/her own
card
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15. BiFocal Kits; elide
projector/movie projector
for kits only; l6mm films
16. Reels I othet'
2 days
$5.00/day
assessed by AV
2 daya
Assessed by AV
:
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_~4:t.._"'11llI-'~__. .__ ._.,.. ____"__~_~t,,~.
Page 3 of 3
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L 6:
FINES AND BILLS
EFFECTIVE: DATE,
nEVISEDa 2/23/95
4/1/95
SUPERSEDESalO/l/94
,-
nl'rnOVED DYa
aN
(/ /
17. All puzzles
Adult, children's; IFC 43
OTHER
28 days
18. Framed pictures
small sculptures IFC 97
8 weeks
enter date
barcode on back
$.lO/day; renewals
OK
$.lO/day;., NO
renewals; reserves
OK
. .
19. Polaroid cameras
7 days
barcode on camera
$ .la/day .
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VACATION OR SUMMER LOAN POLICY
20. An extended loan period may be routinely granted for patrons going away for
28 days to several months. Most items, except new books and best sellers,
may be given extended loans.
A. No 7-day or new books may be on extended loan.
B. Generally offer six weeks or however long the patron needs' the book
(within reason). Refer questionable requests to your supervisor..
C. Use special loan to set the date in the computer. Set the date for
several days after patron expects to return.
D. Extended loans are available any time of the year to people on
vacation; Bummer is when we receive the most requests.
.----
POLICY:
Fines and Bills: Borrowing privileges are suspended until all fines or bills are
paid.
Lost or Damaged Materials: Material not returned within seven weeks of its due
date, or damaged so that it cannot be circulated, will be
billed for replacement cost. Overdue material returned after
billing will be charged the maximum overdue fines.
Replacement for Library card: $1.00
New Haximum Limits: $2.50 Inaximuln--Adult and children's materials
$20.00 maximum or cost if less than $20--videos
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Clearwater City Commission LI Q
Agenda Cover Memorandum I
Item /I
Heeting Dote: 08/03/95
SUBJECT:
Urban and Community Forestry Grant
RECOMMENDATION/MOTION:
Adopt Resolution # 95-63 authorizing the city to enter into a Memorandum of
Agreement between the City and the Florida Department of Agriculture and
Consumer Services, and approve city matching funds in the amount of $18,400,
~ and that the appropriate officials be authorized to execute same.
BACKGROUND:
The city Environmental Management Group has applied. to the Florida Department of
Agriculture and Consumer services for an Urban and community Forestry grant. The
grant money will be used to implement a street tree inventory of all trees on city
rights of way and other city properties. The scope of the project is to inventory
individual trees growing on street right-of-ways and other city properties and
record the condition of each individual tree on computer software designed for
that purpose. The information' on the inventory will then be utilized to
prioritize and structure our tree maintenance and tree planting programs,
including removal of hazardous trees which are a threat to public safety
(contributing to the city wide goal of improving public safety). Implementation
of this project is an Engineering Department goal for FY 1995/96. The street tree
inventory will be conducted by a professional consultant. The city will purchase
and maintain the necessary computer software from the consultant and will be
trained in its use. The city will implement the management plan and perform tree
maintenance and replacement.
The amount of grant money requested is $18,400, with the city required to provide
an equal match of materials and/or services. The grant money will be used for the
consultant contract. The city's match of services consists of I;ersonnel costs for
the city Urban Forester (Engineering Department) and the forestry and landscape
crews (Parks and Recreation Department). Adequate funds are available in the FY
1995/96 operating budget for this purpose. The Environmental Advisory Board has
reviewed this grant application and has endorsed it at the July 19, 1995 meeting.
This resolution is a requisite for award of the grant.
Reviewed by:
Legal
Budget
Purchasing
Risk Hgmt.
CIS
ACH
Engineering
~
N/A
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Costs: $ 18,400
Totul
User Dept:
Engineer!
Recreation
SO
Current fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Denied
o continued to:
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Advertised:
Dute:
Paper:
~ Not Requl red
Affected Part1es
o Notified
l!!l Not Requl red
Fund1ng Source:
o Capl till 11ll'.
N Operating
o Other
Attachments:
Resolution
Submitted by:
04~
City ~gerl'
^ppropr1~tion Code:
010 0136~ 51010n 537
o None
~ printed on recycled paper
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RESOLUTION # 95-63
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, TO ENTER INTO AN URBAN AND COMMUNITY
FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH
THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION
OF FORESTRY; PROVIDING AN EFFECTIVE DATE.
~q
WHEREAS, trees are an important part of our community; and
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WHEREAS, the City of Clearwater wants to improve the public
safety by identifying and removing hazardous trees on public
property; and
WHEREAS, the City of Clearwater wants to develop a
comprehensive urban forestry program which will insure safe and
healthy trees on public property; and
WHEREAS, The City of Clearwater desires to apply for an Urban
and Community Forestry Grant which would provide monies in which to
help fund the urban forestry program; and .
WHEREAS, the City of Clearwater wishes to enter into an Urban
and Community Forestry Grant Memorandum of Agreement between the
City of Clearwater, Florida and the Florida Department of
Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
Clearwater, Florida:
Section 1. The City Commission supports the development of a
comprehensive urban forestry program which will insure safe
and healthy trees on public properties.
Section 2. The City Commission hereby authorizes the City
Manager to enter into an Urban and Community Forestry Grant
Memorandum of Agreement between the City of' Clearwater,
Florida and the Florida Department of Agriculture and Consumer
Services.
INTRODUCED, PASSED AND ADOPTED
.
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Rita Garvey
Mayor- Commissioner
Approved as to form and legal
sufficiency: '
Attest:
Paul Richard Hull
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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APPOINTMENT WORKSHEET
FOR COMMISSION MEETING AUQust 3.1995 APPOINTMENTS Agenda #_
BOARD: Beautification Committee
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 9
CHAIRPERSON: William Baldwin
MEETING DATES:1st Wed., 9:00 a.m.
PLACE: Annex
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 8/3/95
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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.
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Name-Address
Date of Original .
Apoointment
Attendance Interest in
Record reaooointment
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1. Vacant Seat. Robert Timoney passed away
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THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
Name-Address
Comments-Related Exoerience.Etc.
1 . Marcia Blakemore
880 Mandalay Ave., #C-809, 34630
Retired Legal Secretary
2. Pamela Fleming CPA
2545 NE Coachman Rd., #80, 34625
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L , k ~ APPOINTMENT WORKSHEET
~:J/
BOARD: library Board
TERM: 4 years (effective 11/18/93)
APPOINTED BY: City Commission
; FINANCIAL DiScLoSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 11
CHAIRPERSON: Tony Bacon
MEETING DATES: 3rd Fri., 9:00 a.m.
PLACE: Library Conference Room
APPTS.NEEDED: 1
DATE APPTS TO BE MADE: 8/3/95
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FOR COMMISSION MEETING August 3. 1995 APPOINTMENTS Agenda #_
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-Address
Date of Original
Aopointment
Attendance
Record
Interest in
reaopointment
1 . Trudi Bils resignation effective 9/1/95
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
Name~Address
Comments-Related Exoerience.Etc.
1 . Christine Morris
1044 N. Madison Ave.. 34615
Retired Librarian for City of Clearwater
2. Jill Perrino
2 N. Fernwood, #8, 34625
Self-emplo'{ed Writer
3. David Waddell
500 N. Osceola Ave.,#709,34615
Retired from Morton Plant, carpentry/machinest
')" .
ORDINANCE NO. 5869-95
S'3~
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING SECTION 2.60 (3), CODE OF
ORDINANCES, RELATING TO TERM OF MEMBERS OF THE
ENVIRONMENTAL ADVISORY COMMITTEE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS,' Sect ion 2. 160 (3) provides in part t ha t if a
Board member re$igns creating a vacancy, a new member is appointed
for the unexpired term; and
WHEREAS, this provision is inconsistent with Commission
Policy BD-4 which provides that a person appointed to fill a
vacancy created by resignation shall be appointed for a full term;
NOW.THEREFORE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 2.160(3) Code of Ordinances is hereby
amended to read a~ follows:
Sec. 2.160. Creation; Membership.
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(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. Members shall be appointed by the city
commission.
(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 u v~c~ncy occur~. Q new ~ppointmcnt oh~ll be
m:tdc by the city commi:Joion for the uneJcpired term. Members shall
serve without pay.
Section 2. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
,
......
Rita Garvey, Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
RvL k:
Pamela K. Akin, City Attorney
Cynthia E.. Goudeau, City Clerk
ORDINANCE NO. 5888-95
S3b
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE COMMUNITY
REDEVELOPMENT AGENCY; PROVIDING FOR THE
REPEAL OF ORDINANCES NO. 2576-81 AND ORDINANCE
NO. 3021-83, WHICH ADOPTED AND AMENDED THE
REDEVELOPMENT PLAN FOR DOWNTOWN
CLEARWATER; PROVIDING FOR PROPER NOTICE; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Clearwater adopted Ordinance No.
2576-81. on December 17, 1981, as amended by Ordinance No. 3021-83, adopted on
February 28, 1983. which comprise the Community Redevelopment Plan for Downtown
Clearwater, which area is described in Resolution 81-67, adopted by the City
Commission on August 6, 1981; and .
WHEREAS, the Community Redevelopme'nt Agency has developed a revised
Community Redevelopment Plan; and
WHEREAS, the City Commission of the City of Clearwater has reviewed the
revised Community Redevelopment Plan and believes it to be in the best interest of the
City of Clearwater to approve the new Community Redevelopment Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Ordinance No. 2576-81, and Ordinance No. 3021M83, comprising the
Community Redevelopment Plan for Downtown Clearwater are hereby repealed.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
CITY OF CLEARWATER. FLORIDA
'.
Approved as to form and
legal sufficiency:
teL. 1-1
Pamela K. Akin, City Attorney
By:
Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
:', c '";'"".._ ~
RESOLUTION NO. 95~64
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, URGING TIME WARNER TO DIVEST ITSELF
FROM ITS COMMERCIAL ENTANGLEMENTS WITH THOSE
"ARTISTS" WHO ARE RECORDING VIOLENT AND
VULGAR LYRICS; PROVIDING AN EFFECTIVE DATE.
5YQ
WHEREAS, the St. Petersburg Times in an article dated June 3, 1995,
reported that Time Warner recently increased its investment in "gangster rap" and now
owns 50% of Interscope Records, the record label behind Snoop Doggy Dog, Doctor
Ore, Nine Inch Nails and Tupac Shakur, whose lyrics promote violence and vulgarity; and
WHEREAS, Time 'Narner has reaped substantial profits from the commercial
exploitation of music containing VUlgar and misogynistic lyrics that glorify violence.
denigrate women, and endanger the lives of law enforcement officers; and
,
WHEREAS. children comprise a substantial portion of the audience for the
promotion of this violent and vulgar music; and .
WHEREAS, the actions of Time Warner in commercially promoting among our
children lyrics that encourage and celebrate violence, degrade women, and vulgarize
human intimacy reflect a corporate irresponsibility that warrants public outrage; now
therefore.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. That the City Commission of the City of Clearwater hereby urges Time
Warner to divest itself of its commercial entanglements with those recording "artists" who
advocate and glorify violence. denigrate women, and endanger the lives of law
enforcement officers.
Section 2. That a copy of this resolution be transmitted to Time Warner.
PASSED AND ADOPTED this
day of
l1995.
\
Rita Garvey, MayorMCommissioner
Attest:
Cynthia E. Goudeau, City Clerk
No. 95.64
Capitol Improvement Program
Planned Expenditures by Function
Fiscal Yeof 1995/96
Function
Pulice Prolcclioll
Firl~ Prnll'l.'lioll
New Street ('onslruction
Miljnr Street Mainlcn:uu:c
Sidewalks & Dike Trails
IlIlersectioll~
Parking
Miscellancous Enginccring
Park Dc\'c1Clpmenl
Marine Facilities
Libraries
Garal!c
Mainlenance of Duildings
M hccllancous
Stonnwaler Wilily
WHter Systcm
Sewer S}'SlCrn
Gas S)'SICm
Solid Waslc
Recycling
TOTAL
1995.96
4 I 5.000
73,680
2,300,000
1,625.160
200,000
535,000
150,000
1,375,000
1,400,000
110,000
676,110
2,914.400
249,000
4,010,880
3,765,000
1,125,000
3,724,700
8,092,000
305,000
371,300
533,417,230
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Clearwater Citizens
ore Invited to attend
Two Publlc Hearings
on the Proposed 1995-96 Budget
SEPTEMBER 7 AND 21, 1995
6:00 P.M.
CITY COMMISSION CHAMBERS
THIRD FLOOR
CLEARWATER CITY HALL
112 SOUTH OSCEOLA AVENUE
At these public hearings, the City
Commission will review the proposed
budgel, A I the second hearing,
commIssioners will approve the final
budget, which will go into effect
October /, /995.
At the public hearings, Ihe City
Cornml:;;sion has the abl71YY to levy the
proposed 5.//58 ml71age role, or a
10 war one.
......
8.95
Prinlod on rocvclad paper
CITY OF CLEARWATER
R e =5~
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Rlla Garvey
Mayor. Commissioner
Sue Berfleld
Vlce.Mayor I Commissioner
Fred A Thomos
Commissioner
J.B, Johnson, Jr.
CommissIoner
William G. Justice
Commissioner
Elizabeth M. Deptula
Clly Manager
This pamphlot produced by Intormallon Manogomonl
GraphIc Communk:allons
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GENERAL FUND
1995-96 Proposed Re.:
Budget Highlights 5~
1995/96 PROPOSED
, OPERATING BUDGET
$65,736,970
· The fotal recommended ad. valorem
millage 015. //58 mills is the same as
the mil/age rate levied by the City
Commission for the lost four fiscal
years.
· The City Managersl 1995/96
Recommended Budget focuses on
three major Issues:
Pub/Ie Sofelr
Economic Development
Tourism
REVENUES
By Major Source
60/.
U~nsu
& Fines
lnllltOol/omrnOn1
, 1 %
2%
Clwgtlsl",
Sol\llC8S
29':~
Franchl~u
& UlNIIy
. A d valorem property taxes will
generate $19.303,820 for General
Fund purposes, or 29.% of all General
Fund Revenues,
.
Public Safety. or Police and Fire.
e,\pendltures represent 49% of the total ,
General fund expenditures.
70/.
Saki, Tax
2%
.....ISGol~lnoous
EXPENDITURES EXPENDITURES \
By Major Type By Major Function !
I
Into mal SOI'VlCCS Englnoo,lng I
I
Cap~al 7% Nan-Doparlmenlal I
1% 12% ,
Optlrallng 6% j
14% 1% I
Community 1
Outroach
Trans'llr
301 j
u. 1
General Pollcc I
Gavommont 33%
13% I
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66% 16% 1
,
POl'!ionnll1 SOrvlCC5 FifO
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;..".;"ij:c~\~:::~:lj:11f)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday. July 31, 1995
following closed attorney/client sessions which begin at 9:00 A.M.
Clearwater City Commission Meeting - 6:00 P.M. - Thursday, August 3, 1995
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Service Awards
PRESENTATIONS
1 . Update on Chamber of Commerce Activity - 8/3
2. Annual Parks & Recreation Appreciation Award - 8/3
GAS GAS SYSTEM
1M INFORMATION MANAGEMENT
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1. First Reading - CGS -. Gas Rate Case
1. Contract for development of & training on interactive, multimedia software for use in a City
Information Kiosk to Silver Image, Inc., Clearwater, FL, for $36,000; authorize related
expenditures of $8,100 for computer hardware & cabinet, for a total of $44,100 (Consent)
LIB LIBRARY
1. Construct parking lot on Pinellas County School Board property, behind the North Greenwood
Library, at Holt & Palmetto, fol' joint use by the library branch and school, for $60,000 (Consent)
2. Res. #95-62 - authorizing City Manager or designee to establish and adjust library fines and fees
PW PUBLIC WORKS
1 . Second Amendment to License Agreement with GTE Mobilnet to allow 2 additional antennas to
be installed on elevated water tank of DelOra Park, an additional cabinet & equipment adjacent
to existing GTE building, and an increase in annual rental fees (Consent)
EN ENGlJiJtERI NG
1 . Interlocal Agreement with SWFWMD for construction of a retrofit storm water treatment area at
Clearwater Mall (Consent)
2. Easement & Maintenance Agreement with Holland Westshore, Inc. for construction of a retrofit
stormwater treatment area at Clearwater Mall (Consent)
3. Interlocal Agreement with SWFWMD for construction of an Aliens Creek experimental water
quality treatment demonstration project at Clearwater High School; approve city related
expenditures of $1 50tOOO (Consent)
4. Res. #95-63 - authorizing City to enter into a Urban and Community Forestry Grant
Memorandum of Agreement with FL Dept. of Agriculture & Consumer Services; approve city
matching funds of $18,400
5. Contract for consultant services to Parsons Engineering Science, Inc., Tampa, FL, to develop a
comprehensive watershed management plan for the Alligator Creek watershed, for $496,964
(Consent)
6. Contract for 1995 Misc. Construction Projects to Keystone Excavators, Inc., Oldsmar. FL, for
$393,400 (Consent)
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7/31/95
1
CP-GENIRALPERrvlrrFfNG
1. Public Hearing & First Reading Ords. #5749-95 &. 5750-95 - Comprehensive Plan & LOCA's re
PPC Consistency Program
2. Public Hearing & First Reading Ords. #5870-95. #5871-95 &. #5872-95 - Annexation. Land Use
Plan Amendment to Residential Urban & RS-8 Zoning for property located at 109 Meadow lark
Lane B, Bayview City Sub.. Blk 2, Lots 1 & 2 and i3butting alley to South {Kadlec, A95-14,
LUP95-16)
3. Public Hearing & First Reading Ord. #5813-95 - CG Zoning for property located at 1969 Sunset
Point Rd., Pinellas Groves Sub., SW 1/4, part of Lots 1 & 2 (Sauder, Z95-03)
4. Public Hearing & First Reading Ord. #5874-95 - CPO Zoning for property located at 705, 707.
709 &. 711 Jasmine Way, Magnolia Park, Blk 31, Lots 2.5 (Smolensky and Kornreich. 295-04)
5. Public Hearing & First Reading Ords. #5875-95, #5876-95 &. #5877-95 ~ Annexation, Land Use
Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr.,
Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15, LUP95-17)
6. Public Hearing & First Reading Ords. #5878-95, #5879-95 &. #5880.95 - Annexation, Land Use
Plan Amendment to Residential Low & RS-6 Zoning for property located at 412 Oakmount Rd.,
Oakmount Sub., Lot 2 and abutting r-o-w (Clark, Jr. and Warren, A95-17, LUP95-19)
7. Public Hearing & First Reading Ords. #5881-95, #5882-95 &. #5883-95 - Annexation, Land Use
Plan Amendment to Residential Low & RS-6 Zoning for property located at 1236 Kapok Circle,
Kapok Forest. Lot 14 (Sario and Hassell, A95-1a, LUP95-201
8. Pubtlc Hearing & First Reading Ords. #5884.95, #5885-~5 &. #5886-95 - Annexation. Land Use
Plan Amendment to Residential Low & RS-4 Zoning for property located at 1238 Brookside Dr..
Meadow Creek Sub., Blk C, Lot 10 {Coulter, A95-19, LUP95-21)
9. Variance{s) to Sign Regulations for property located at 25749 US19N, Cypress Point Shopping
Center, Lot 3 (Home Savings of America. SV93-68)
CM ADMINISTRATION
1. Approve leasing 2,500 sq.ft. of Harborview Center ground' floor to Pickles Plus Too, Inc., tor
establishment of a restaurant, consisting of a 5 year initial term with 3 additional 5 year option
terms; authorize an expenditure of $100,000 (reimbursablel for completion of the restaurant.
funded by a $100,000 loan from the Harborview Center Fund (Consent)
2. Request by Westshore Alliance, Inc. for temporary closing of SR60 for 3rd annual "Causeway
Commuter Classic" to be held 11/12/95 on the Courtney Campbell Causeway
3. Request by Chamber of Commerce for closure of two access routes on & off SR60 for the
Morton Plant Hospital Bayside Bridge Boogie to be held 10/14J95
ClK CITY CLERK
1 . Beautification Committee - 1 appointment
2. Library Board - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #5832.95 - Annexation for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B
14.17, 1.02 acres m.o.1. (McMullen, A95-07)
2. Ord. #5833-95 - land Use Plan Amendment to Residential Low for property located at 2965
Sunset Point Rd.. Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.1. IMcMullen. LUP95-0B)
3. Ord. #5834-95 ~ RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5-29-16.
M&B 14.17, 1.02 acres m.o.l. (McMullen, A95-071
7/31/95
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4. Ord. #5841~95. Amending Ch. 29, relating to occupationallicensos (ro tax structure and
appendix A, Fees, Rates & Charges)
5. Ord. #5860-95. Amending Div. 18 of Ch. 40 ~ providing tor revised requirements for the North
Greenwood Commercial District; Amending Sec. 41.053 to address conditional use
supplementary standards for 2 conditional uses in the district
6. Ord. #5861-95. Annexation for property located at 1528 Stevensons Dr.. Stevenson's Heights,
Blk A, Lot 20 (Rowe, A95-12)
7. Ord. #5862-95 - Land Use Plan Amendment to Residential Low for property located at 1528
Stevensons Dr., Stevenson's Heights, Blk A, Lot 20 (Rowe, LUP95-14l
8. Ord. #5863-95 - RS-8 Zoning for property located at 1528 Stevensons Dr., Stevenson's
Heights, Blk A, Lot 20 (Rowe, A95-12)
9. Ord. #5864-95 - Annexation for property located at 1317 Woodbine St., Pine Ridge Sub., Blk C,
Lot 5 (New Zion Missionary Baptist Church, A95-131
10. Ord. #5865.95 - Land Use Plan Amendment to Residential Low for property located at 1317
Woodbine St., Pine Ridge Sub., Blk C, Lot 5 (New Zion Missionary Baptist Church, LUP95-1 5)
11. Ord. #5866-95 - RS-9 Zoning for property located at 1317 Woodbine St., Pine Ridge Sub., Blk
C, lot 5 (New Zion Missionary Baptist Church, A95-13)
12. Ord. #5868-95 - restricting the practice of "cruising" or unnecessary repetitive driving
First Reading Ordinances
1. Ord. #5869-95 - Amending Sec. 2.60(3), relating to term of members of the Environmental
Advisory Board
2. Pension Plan
3. Ord. #5888-95 - Relating to the Community Redevelopment Agency; providing for repeal of
Ords. #2576-81 & #3021-83, which adopted and amended the redevelopment plan for
downtown Clearwater; providing for proper notice
Agreements, Deeds and Easements
1. 15' Drainage & Utility Easement - Highland Estates of Clearwater, 1 st Addition, Blk F, part of
Lot 1 (Maxwell) (Consent)
2. 10' Water Main Easement and ingress/egress easement - part of Sec. 6~29-16 and part of Lot
1, 1 ~29-15, Pinellas Groves Sub. (R.K.M. Development Corp.~ (Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
al Vending Machine Ordinance/Attached Signage
b) Recent Study by City concerning newspapers (unsolicited materials)
c) Clearwater Beach Association invitation to attend their town meeting on 9/27/95
Other Commission Action
Adjourn
7/31/95
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REVISED EMPLOYEE PENSION PLAN
Shall the Employee Pension Plan as adopted by Ordinance 5890-95, completely revising the
pension plan language; meeting the requirements of an IRS qualified plan; reducing the
disability benefits; requiring return to work in lieu of disability benefits under certain
circumstances; revising the composition and authority of the Pension Advisory Committee;
increasing retirement benefit to 2.75% times years of service; providing optional benefit
payments; requiring 8% contribution of employees; and other changes be approved?
FOR
AGAINST
Section 6. The funds contained in or authorized by the Pension Fund adopted by
Ordinance No. 1832 as subsequently amended shall be applied in furtherance of the
contributions and disbursements authorized pursuant to this ordinance, and the rights, duties
and obligations provided in this ordinarice shall apply to any fund subject to the prOVisions of
this ordinance; provided, however, that the preconditions set forth in Section 7 relating to this
ordinance becoming effective had been complied with.
Section 7. This ordinance shall become 8ffective on January 1, 1996, provided that
such Amended Pension Plan is approved by the majority of electors voting in the Referendum
on the issue at a ballot special election called for such purposes provided herein to be
conducted in the City of Clearwater, Florida, and upon the filing of this ordinance with the
Secretary of State to the extent either in whole or in part that is approved.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
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Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
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PROPOSED CHANGES
TO THE EMPLOYEES' PENSION PLAN
The following summary provides information about revisions to the Employees' Pension Plan that were
bargained in concept between the City and the Unions.
1. Increased benefit. The retirement benefit will be increased from 2.5 % to 2.75% x years of
service x last five-year average. This will be funded by employees contribution at 8 % and
City's minimum contribution at 7% or whatever it takes above that 7 % to fund the Plan. (The
City maintains its right to adjust its payment in the first year only.)
2. Plan to be established as I.R.S. qualified. This will allow employee contributions to be at
pre-tax dollars.
3. Optional benefit payment methods. Language will be included to allow employees to elect
optional benefit payment methods. A participant may be paid in one of the following optional
forms elected by the participant, such option to be the actuarial equivalent of the benefit that
would otherwise be paid to the participant.
a) monthly income payments for the life of the participant
b) monthly income payments for 10 years certain and life thereafter
c) monthly income payments for the life of the participant and, after participant's
death, a survivor annuity payment for the life of the participant's designated
beneficiary equal to 100%, 75% or 50% of the amount payment to the
participant.
Example of Benefits Paid in Current Plan vs. Revised Plan
Assume:
Employee retires at age 55 with twenty (20) years of service with an average salary
for the last five (5) years of $30,000.
Current Plan
Revised Plan
2.5 x 20 years x $30,000
50% x $30,000
= $15,000 annual pension
= $ 1,250 per month
2.75% x 20 years x $30,000
55% x $30,000
= $16,500 annual pension
= $ 1,375 per month
(The increased amount of pension in the revised Plan,
using the example above, equates. to the employee
receiving an extra $15,000 over ten (10) years and an
extra $22,500 over fifteen (15).
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LOVER)
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4.
Compensation. The revised Plan defines "compensation". This is not in the existing Plan.
The definition includes incentive pay for police officers and firefighters.
Clear definition of wages. The Plan will include a clear definition of wages subject to
pension and included in the 5-year average salary. Compensation is defined as including
regular salaries, wages, overtime pay, leave pay (except when paid in lump sum at retirement)~
bonuses. workers' compensation payments~ and incentive pay for police and firefighters. It
excludes clothing, car and meal allowances, lump sum leave payments, relocation expenses
payments, fringe benefits, etc.
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5. Hazardous duty. The revised Plan specifically designates employment as a police officer or
firefighter as IIhazardous duty" thus qualifying for the 20-year hazardous duty retirement. (The
current Plan provides for hazardous duty designation by the Trustees but does not specifically
reference police officers or firefighters.)
6. Payment of S% simple interest on all contributions. A participant who terminates
employment prior t~:'yrly or normal retirement date may elect to receive the total
contributions he made to the Plan together with 5% simple interest on such contributions.
7. Plan will not allow more than 100% of pay.
8. Vesting at age 65. The Plan provides language to provide that at age 65 the participant
becomes vested for number of years of service in the Plan but with actuarially reduced
benefit.
9. Disability. The disability benefit will be reduced from 75 % to 66-2/3 %.
10. Dependent benefit. The 15% dependent benefit for disability pensions is eliminated.
11. Pre-existing condition waiver. There is a provision in the Plan of pre-existing condition
waiver for disability eligibility. No participant is entitled to a disability benefit because of or
due to the aggravation of a specific inj ury, impairment or other medical condition pre-existing
the employee's participation in the Plan, provided that the pre-existing condition and its
relationship to a later injury, impairment or other medical condition is established by competent
substantial evidence. .
12. Reassignment. There is no disability entitlement if reassignment can be made to a job for
which the participant is qualified. There is no loss of base pay. There are specific restrictions
for police and fire reassignment: (a) to own bargaining unit first, (b) department second, and
(c) city-wide third.
13. Annual recall and re-examination. The Plan provides that any pensioner receiving disability
benefits under the Plan may be fe-examined periodically by a physician. In the event the
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pensioner is no longer disabled or is deemed capable to return to employment with the City and
does not return to employment, the right to the disability benefit is forfeited.
14. No credited service for period rcceiving disability benefits. If a pensioner receiving a
disability pension benefit returns to work and again participates in the Plan,~ha11 not receive
credited service for the period during which he received disability benefits.
15. Pension Advisory Committce. The PAC will be increased to seven (7) members. Three (3)
members will be elected by the employees, three (3) Commission appointed members, and one
(1) member appointed by the other six (6) members. The Plan provides for four (4)
affirmative votes for any PAC decision.
16. Investment authority. The City Commission, acting as Trustees, will be responsible for the
investment authority of the Plan. It is provided that the pension fund may be used to pay all
expenses of administration of the Plan.
17. PAC duties and responsibilities. No benefits are to be provided to any participant unless
same have been reviewed by the PAC and a recommendation provided to the Trustees. The
final authority rests with the Trustees.
18. Buy-Back provision. A buy-back provision will be stated clearly. If a participant terminates
and receives a distribution of ~1~eontributions (plus interest) and the person is later re-
employed and again becomes a participant, he may buy back previous pension service credit
by repaying to the Pension Fund the greater of the full amount previously distributed to him
or the actuarial present value of the accrued benefit previously forfeited. This repayment is
to be accomplishe? within ~ five-year period.
19. Plan expenses. The Plan will include clear language as to what the Plan pays for such as a
third party administrator, claims against the Plan, etc.
20. Changes required by law. The Plan provides that the City Commission has the power to
amend the Plan without voter ratification only if the change is necessary to comply with
applicable state or federal law.
21. \Vorkers' Compensation. Language in the Plan is changed to reflect changes in the workers'
compensation. law. It provides that a participant receiving disability benefits and workers'
compensation benefits for the same disability will have the pension reduced so that the monthly
amount received by the participant does not exceed 100% of the participant's wage.
22. Language changes. Throughout the Plan, language has been "cleaned up" and is intended to
be cleaT and unambiguous.
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Coopers
&Lybrand
Cooper. & Lybrand L.L.P.
a professIonal sel'lices J'rm
101 Easl Konnedy lloulll\lsrd
Swla 1500
TB1llpa. FIOlldll 33&02.&\94
tolophone (8t3~ 229.0221
locslmtlo (813) 228.0639
Human R..ourca Advlaory
July 26, 1995
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Ms. Kathy Rice
Assistant City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 346] 8-4748
Dear Kathy:
We have completed the nctuarial impnct study of the proposed changes to the City's pen'sion
plan. Following is a summary of the proposed changes in plan provisions:
The benefit multiplier wiJl increase from 2.50% per year of service to
2.75%. This change will be retroactive, that is, it will apply to prior
service. It will only apply to employees who are actively employed after
December 31, 1995.
Employee contributions will increase from 6.0% of pay to 8.0%. In
addition, employees who receive a refund of contributions from the plan
will receive 5% simple interest on their contributions.
The plants disability benefits will be reduced for line of service disabilities
from 75% of pay to'66.67% of pay. Also, the additional 15% of pay for
dependent children will be eliminated.
The minimum bencfit of $300 per month has been eliminated.
Enclosed is an actuarial impact statement showing the detailed infOlmation regarding the cost
impact of these changes. Based on our calculations, as a result to these changes the City's
minimum required contribution under Florida Statutes for 1995 would increase from $3,741,904
to $4,522,698, or from 9.0% of payroll to 10.9%. Please note that these contribution amounts do
not take into account the Cityls 1995 credit balance of $5,675,381 (including interest to the end
of the year). Including the credit balance. thc City's minimum required contribution under
florida Statutes for 1995 is $0 both before and after the plan changes.
Coopo,s & lybrtlJ'ld II P,Il ,coiSlorocllimllOd habllJly partnorShip, is a momber tlrm 01 COOPD'S'" \.yownd Illlornatlonllt
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Ms. Kathy Rice
July 26, 1995
Page Two
Our calculations are based on employee datu and plan asset infonnation provided by the City of
Clearwater as of January I, 1995. The actuarial assumptions, methods and plan provisions are
the same as those contained in our January 1, 1995 actuarial valuation report except as described
herein.
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If you have any questions or comments, please give me a call.
Very truly yours,
Sfljl---m (}( ~
Stephen M. Metz
Associate of the Society of Actuaries
Enrolled Actuary #93-4342
Principal
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Statement of Actuarial Impact
City of Clennvatcr Employees Retirement Plan
The City of Clearwater is considering amending the Employees Retirement Plan to include
several changes in benefits. These changes are summarized below:
Disability benefits for line of service disabilities will be reduced from 75%
of pay to 66.67%. Also, the 15% per dependent child additional benefit
will be eliminated.
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Benefits will be increased from 2.50% to 2.75% of average earnings per
year of service. This change will only apply to employees who are
actively employed after December 31, 1995 and will cover past and future
service.
Employee contributions will increase from 6.0% of pay to 8.0% and
employees who receive a refund of their own contributions will receive
5% simple interest.
The minimum monthly benefit of$300 will be eliminated.
All ofthc"changes described above will take effect beginning January 1 ~ 1996.
Statement by Enrolled Actuary
This actuarial valuation and cost detennination was prepared and completed by me or under my
direct supervision~ and I acknowledge responsibility for the results. To the best of my
knowledge, the results are complete and accurate, and in my opinion, the techniques and
assumptions used are reasonable and meet the requirements of Part VII, Chapter 112, Florida
Statutes. There is no benefit or expense to be provided by the plan and/or to be paid from the
plan's assets for which liabilities or current costs have not been established or otherwise taken
into account in the valuation. All known events or trends which may require a material increase
in plan costs or required contribution rates have been taken into account in the valuation.
Signed:
~~~fJJm~
July 6, 1995
Enrollment Number 93~4342
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City of Clearwater Employees Pension Plan
January 1, 1995
Actuarial Impact Study
BEN = 2.75%, DIS = 66 2/3%, M8 = $0
EE CNT = 8.0%, EE eNT INT ::: 5.0% Proposed Net
1995 Valuation Amendment Change
Participant Counts: I
Actives 1,394 1,394 0 I
Term Vested 8 8 0 \
Retired 380 380 0
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Total Participants 1,782 1,782 0 ~
Covered Payroll $41,371,332 I
$41,371,332 $0 I
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Present Value of Benefits: i
Retirement $177,680,724 $195,448,797 $17,768,073 !
Withdrawal 12,025,628 13,228,191 1,202,563 ,
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Disability 10,822,342 9,619,860 (1,202,482) I
Death 2,814,234 3,061,477 247,243
Refund of Contributions 1.362,173 1,589,945 227,772 1
\ . Active Total 204,705,101 222,948,270 18.243,169 1
Term Vested 680,848 680.848 0 I
Retired & Disabled 58.768,478 58,768,478 0 :
Inactive Total 59,449,326 59,449,326 0
Total Present Value $264,154A27 $282,397,596 $18,243,169
Unfunded Accrued Liability $11,946.070 $25,644.979 $13,698,909
Credit Balance $5,304,094 $5,304.094 $0
Actuarial Value of Assets $225,482,726 $225,482,726 $0
Present Value of Future
Normal Costs $32,029,725 $36,573,985 $4,544,260
Present Value of Future Pay $356,834,700 $356,834,700 SO
Nonnal Cost Rate 8.98% 10.25% 1.27%
Normal Cost $3,715,146 $4,240,562 $525,416
Amortization of Unfunded 1,370,321 2,402,046 1,031,725
Expenses 849,675 849,675 0
Shortfall for Prior Expenses 44,245 44,245 . 0
Interest 244,797 295,877 51,080
Total Contribution $6,224,184 57,832,405 51,608,221
(Percentage of Pay) 15.0% 18.9% 3.90%
Employee Contributions $2,482,280 $3,309,707 $827.427
City Contributions $3,741,904 $4,522,698 5780,794
(Percentage of Pay) 9.0% 10.9% 1.90%
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CITY OF CLEARWATER
EMPLOYEES1 PENSION FUND
AMENDED AND RESTATED
AS OF JANUARY 1, 1996
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2.391
2.392
2.393
2.394
2.395
2.396
2.397
2.398
2.399
2.400
2.401
CITY OF CLEARWATER EMPLOYEES' PENSION FUND
AMENDED AND RESTATED
AS OF JANUARY 1, 1996
Table of Contents
Title
Pa9-e
Amendmen t an d Restatement..................................... 1
Purpose of the Plan and the Trust............................. 2
Defi n It Ion s.... ................................ ........... .... ............. ..... .... ......,.... 3
P Ian Ad m in is tration,.,. III.................................... II.................. 10
Pa rt i c i pat ion. ............................................. .............. ........... 14
Contributions to the Plan.............................................. 15
Benefits Under the Plan................................,.....................,.., 17
Time and Manner of Benefit Payments......................... 29
Establishment and Operation of Pension Fund.......... 33
Amendment and Termination...............""........................... 38
Miscellaneous.... ...... ... ............... ......... ....... .... ... ...... ........... 41
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CITY OF CLEARWATER
EMPLOYEES' PENSION FUND
Section 2.391
Amend ment and Restatement and Name of the P I a n
A pension plan is hereby amended and restated In accordance with the terms
hereof and shall be known as the uCITY OF CLEARWATER EMPLOYEES' PENSION
FUND.II
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Section 2.392
Purpose of the Plan and the T r u s t
(a) Exclusive Benefit.
( 1 ) This Plan is created for the sole purpose of providing beneffts to
the Participants. Except as otherwise permitted by law (including payment of
expenses as set forth in paragraph (i) of Sectlon 2.399), in no event shall any
part of the principal or income of the Pension Fund be paid to or reinvested in
the Employer or be used for or diverted to any purpose whatsoever other than
for the exclusIve benefit of the Participants and their beneficiaries.
(2) Notwithstanding the foregoing provisions of subparagraph (1).
any contribution made by the Employer to this Plan by a mistake of fact may
be returned to the Employer within one year after the payment of the
contribution. The circumstances as to whether a mistake of fact has occurred
'shall be reviewed by the Committee, which shall submit a written
, recommendation to the Trustees. Notwithstanding the Committee's
recommendation, the Trustees shall have final authority as to the determination
of' a mistake of fact.
(b) Participants. Rights. The establishment of this Plan shall not be
considered as giving any Employee, or any other person, any legal or equitable right
against the Employer, the Trustees, the Committee or the prinCipal or the Income of
the Pension Fund, except to the extent otherwise provided by law. The establishment
of this Plan shall not be considered as giving any Employee, or any other person, the
right to be retained in the employ of the Employer.
(c) Qualified Plan. This Plan and the assets comprising the Pension Fund
are intended to qualify under the Internal Revenue Code as a tax-free employees' plan
and trust, and the provisions of this Plan should be interpreted accordingly.
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Section 2.393
Definitions
(a) "Accrued Benefit" shall mean, as of a specified time, the Normal
RetIrement Benefit as set forth in Section 2.397.
(b) "Actuarial Equivalent" shall mean 'a benefit of equivalent current value
to the benefit that would otherwise have been provided to the Participant; determined
in accordance with the rules established by the Employer and on the basis of
appropriate actuarial methods and the following actuarial assumptions:
(1) Mortality:
1983 Group Annuity Mortality Table (Unisex).
(2) Interest:
7% per "annum, compounded annually.
(c) "Annual Additions" shall mean for Limitation Years beginning on or
after December 31) 1986. the sum of:
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(3) the amount of Employer contributions allocated to the Participant
during any Limitation Year under any defined contribution plan maintained by an
Employer;
(4) the amount of the Employee's contributions (other than rollover
contributionst if any) to any contributory defined contribution plan maintained
by an Employer or an Affiliate; "
(5) any forfeitures allocated to the Participant under any defined
contribution plan maintained by an Employer or an Affiliate; or
(6) amounts allocated to an individual medical account. as defined in
Section 415(1)(2) of the Internal Revenue Code that is part of a pension or
annuity plan maintained by an Employer or an Affiliate, and amounts derived
from contributions that are attributable to post-retirement medical benefits
allocated to the separate account of a key employee (as defined In Section
419A(d)(3) of the Internal Revenue Code) under a welfare benefit plan (as
defined in Section 419(e) of the Internal Revenue Code) maintained by an
Employer or an AfflHate; provided, however. the percentage limitation set forth
in Section 415 (c)(1 )(8) of the Internal Revenue Code shall not apply to: (A)
any contribution for medical benefits (within the meaning of Section 419A(f)(2)
of the Internal Revenue Code) after separation from service which is otherwise
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treated as an "Annual Addition," or (2) any amount otherwise treated as an
"Annual Addition" under Section 415(1)(1) of the Code.
(d) "Average Monthly Compensation" shall mean the monthly
Compensation of a Participant averaged over his last 5 consecutive Years of Credited
Service. 11 a Participant has less than 5 consecutive Years of Credited Service, his
Average Monthly Compensation will be based on his monthly Compensation during his
months of service beginning with the date he commences participation In the Plan to
his date of termination of employment For purposes of determining a Participant's
maximum benefit as required by Section 415 of the Internal Revenue Code, a
Partlcipant's "Average Monthly Compensation" shall mean the Section 415
Compensation received by a Participant during the three (3) consecutive Limitation
Years with respect to whi:h the Participant receives the hlg hest Section 415
Compensatlon, divided by 36 (or, If less, the aggregate number of his months of
employment) .
(e) "Committee" shall mean the pension advisory committee described in
Section 2.394.
(f) (1 ) "Compensation" shall mean the regular salaries, wages,
overtime pay, leave pay (except when paid a lump sum upon retirement
benefit)t bonuses paid by the Employer (provided the Employee contribution
rate is applied thereto), Employee contributions designated as Employer
contributions under Section 414(h) at the Internal Revenue Code. and employee
salary reduction contributions made pursuant to an arrangement described in
Section 125 of the Internal Revenue Code, compensation deferred under Section
457(b) of the Internal Revenue Code, indemnity benefits received pursuant to
the Workers' Compensation Law and incentIve pay for police and firefighters,
assignment pay, acting pay, and shift differential pay but shall not include
clothing, car or meal allowances. disability payments, lump sum payments of
accrued sick leave paid upon retirement, relocation expense payments, benefits
under this Plan, any amount contributed to any pension, employee welfare, life
insurance or health insurance plan or arrangement, or any other fringe benefits.
welfare benefits or Employer paid deferred compensation.
(2) (A) In addition to other applicable limitations set forth In the
Plan, and notwithstanding any other provision of the Plan to the
contrary, for Plan Years beginning on or after January 1, 1996, the
annual Compensation of each Employee taken Into account under the
Plan shall not exceed the OBRA '93 annual Compensation limit. The OBRA
'93 annual Compensation Jlmit Is $150.000, as adjusted by the
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Section 401 (a)(17)(8) of the Internal Revenue Code. The cost-of-Iiving
adjustment in effect for a calendar year applies to any period, not
exceeding 12 months, over which Compensation is determined
(determination period) beginning in such calendar year. If a
determination period consists of fewer than 12 months. the 08RA 193
annual Compensation limit will be multiplied by a fraction, the numerator
of whIch is the number of months in the determination period, and the
denominator of which is 12.
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(8) For Plan Years beginning on or after January 1, 1996. any
reference in this Plan to the limitation under Section 401 (a)(17) of the
Internal Revenue Code shall I11ean the OBRA 193 annual Compensation
limit set forth in this provision.
(C) The limitation on Compensation for an "eligible" employee
shall not be less than the amount Which was allowed to be taken into
account hereunder as in effect on July 1; 1993. "Eligible Employee" Is an
individual who was a participant before the first Plan Year beginning on
or after December 31, 1995.
(3) For purposes of determining whether Compensation exceeds the
dollar limit under Section 401 (a)(17) of the Internal Revenue Code, 1f any
Employee is a Family Member of a Highly Compensated Employee who is one of
the ten Highly Compensated Employees paid the greatest amount of
Compensation during the Plan Year, then such Family Member shall not be con-
sidered as a separate Employee and any Compensation paid to such Family
Member shall be treated as if it were paid to or on behalf of the related Highly.
Compensated Employee.
(g) "Early Retirement Date" shall mean the date on which a Participant
has reached the age of 65 years and completed 1 0 Years of Credited Service.
(h) !'Effectlve Date" of this amendment and restatement shall mean
January 1. 1996.
(I) (1) "Employee" shall mean any person employed by the Employer as
a full-time permanent employee other than
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(A) individuals who have failed a comprehensive physical exam
and by reason of such tact have not been recommended for acceptance
into the Plan by the Committee or approved by the Trustees,
(B) persons hired on a contractual basis, and
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(C) . employees exempt from the Employer's civil service
classified service system (unclasslfied employees) for whom an
Employment Agreement Letter establishes conditions of employment;
provided, however, if a person was a Participant in the Plan prior to
being employed in a pOSition described in this subparagraph (e), he shall
continue to participate In the Plan.
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(2) The Trustees shall have the right to determine from time to time
Which persons are full-time permanent employees for purposes of the Plan;
provided, however, that all persons covered by the civil service ordinance of the
Employer who are employed on a full-time basis shall be considered full-time
permanent employees for purposes of the Plan.
(3) Permanent part-time, emergency, .seasonal and provisIonal
employees shall not be "Employees" eligible to participate in the Plan.
(j) "Employerll shall mean the City of Clearwater.
(k) "Family Memberll o~ a Highly Compensated Employee shall mean such
Employee1s spouse, lineal descendant or ascendant, or the spouse of his lineal
descendant or ascendant; provided, however, that for purposes of determining the
limit on a Highly Compensated Employee's Compensation under Section 401 (a)(17) of
the Internal Revenue Code, the term "Family Member" shall include only the Employee's
spouse and hIs lineal descendants who have not attained age 19 before the close of
the Plan Year.
(I) (1) t'Hlghly Compensated Employee" shall mean any Employee
during the Plan Year or the Immediately preceding Plan Year
(A) whose Section 415 Compensation was more than $75,000
(adjusted under such regulations as may be issued by the Secretary of
the Treasury); or
(8) whose Section 415 Compensation was more than $50,000
(adjusted under such regulations as may be Issued by the Secretary of
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the Treasury). and who was a member of the IItop paId group";
provided, that as used herein, "top paid groupll shall mean all Employees
who are in the top 20% of the Employer's work force on the basis of
Section 415 Compensation paid during the year; provided, furthert that
for purposes of determining the number of Employees in the top paid
group, Employees described in Section 414(q)(B) of the Internal Revenue
Code shall be excluded.
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(C) In determinIng who is a Highly Compensated Employee,
Employees who are nonresident aliens and who receive no earned income
(within the meaning of Section 911 (d)(2) of the Internal Revenue Code)
from the Employer constituting United States source income (within the
meaning of Section 861 (a)(3) of the Internal Revenue Code) shall not be:
treated as Employees.
. (D) For purposes of this paragraph. the determination of
Section 415 Compensation shall be based only on Section 415
Compensation that is actually paid and shall be made by including
elective or salary reduction contributions to a plan described in Section
125 of the Internal Revenue Cadet a plan described in Section 401 (k) of
the, Internal Revenue Code or a plan described in Section 403(b) of the
Internal(Revenue Code.
(E) The term "Highly Compensated Employeell shall also rryean
any former Employee who separated from service (or was deemed to
have separated from service) prior to the Plan Year. performs no
service for the Employer during the Plan Year, and was an actively
employed Highly Compensated Employee in the separation year or any
Plan Year ending on or after the date the Employee attained age 55.
(F) For purposes of determining whether an Employee is a
Highly Compensated Employee, If any Employee is a Family Member of a
Highly Compensated Employee who is one aT the ten Highly Compensated
Employees paid the greatest amount of Compensation during the Plan
Year. then such Family Member shall not be considered as a separate
Employee and any Compensation paid to such Family Member (and any
applicable benefit or contributIon on behalf of such Famlly Member) shall
be treated as if it were paid to or on behalf of the related Highly
Compensated Employee.
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(m) Ulnternal Revenue Code" shall mean the Internal Revenue Code of
1986 as amended or any successor statute. Reference to a specific section of the
Internal Revenue Code shall Include a reference to any successor provision.
(n) "limitation Year'l shall mean the Plan Year.
(0) "Normal Retirement Benefit" shall mean the monthly income payable
to a retired Participant pursuant to the provisions 'of Section 2.397 of this Plan.
(p) "Normal Retirement Date" shall mean
( 1 ) the earlier of:
(A) the date on which a Participant has reached the age of 55
years and completed 20 Years of Credited Service,
(8) the date on which a Participant has completed 30 Years of
Credited Service regardless of age, or
(C) the date on which a Participant has completed 20 Years of
Credited Service, which service is of a character or type of employment
that Is described below as "hazardous duty" or that the Trustees have
designated as hazardous duty.
(2) For this purpose, a Participant1s service shall be deemed
"hazardous duty'! if the Participant is a tull-time sworn police officer certified in
accordance with Section 943.1395, Florida Statutes, or a full~time firefighter
certified in accordance with Section 633.35, Florida Statutes, and he is
employed in police or tire positions as established by the Employer.
(q) "Participant" shall mean any eligible Employee of the Employer who has
commenced participation and is contributing under the Plan.
(r) "Planll shall mean the pension plan as herein set forth and as it may be
amended from time to time.
(s) "Plan Year" shall mean the 12-month period ending on December 31.
1 (t) "Section 415 Compensation" shall mean all compensation as
described in Sectlon 1.415-2(d){2) and Section 1.415-2(d)(3) of the Income Tax
Regulations.
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(u) "Trustee~' or "Trustees" shall mean the Individual or Individuals, as the
context requires, designated as trustee pursuant to Section 2.394.
(v) "Pension Fund" shall mean the pension fund established pursuant to
Section 2.399. .
(w) "Vears of Credited Service" shall mean the total number of years
and fractional parts of years of service credited as' an Employee of the Employer
during periods of participation in the Plan, omitting intervening years or fractional
parts of years when an Employee is not employed by the Employer or not
participating In the Plan (except as may otherwise be prov'fded In rules established by
the Committee and approved by the Trustees).
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Section 2.394
Plan Administration
(a) Administration of the Plan. The Trustees shall control and manage,
In conjunction with the Committee, the operation and administration of the Plan
(b) Trustees.
(1) The members of the City Commission of the Employer, whether
elected or appointed, shall serve as the Trustees. The term of office of each
Trustee shall be consistent with his term of office as a member of the City.
Commission.
(2) The Finance Director of the Employer shall be the treasurer for the
Trustees and shall provide such bond as may be prescribed by the Trustees.
(3) Each Trustee shall be entitled to one vote. Three affirmative
votes shall be necessary for any decision by the Trustees at a meeting of the
Trustees. A Trustee shall have the right to recuse himself from voting as the
result of a conflict of interest provided that the Trustee states in writing the
nature of the conflict.
(4) The Trustees shall not receive any compensation for service as a
Trustee, but may be reimbursed expenses as provided by law; provided,
however, that the Trustees may receive compp.nsation for services as a
member of the Clty Commission.
(c) Powers and Duties of Trustees. The Trustees shall have tinal
authority and control over the administration of the Plan herein embodied, with all
powers necessary to enable them to carry out their duties in that respect. Not in
limitation, but in ampllflcation of the foregoing, the Trustees shall have the power and
discretion to interpret or construe this Plan and to determine all questions that may
arise as to the status and rights of the Participants and others hereunder.
(d) Pension Advisory Committee.
(1 ) (A) There shall be a pension advisory committee comprised of
seven persons. Three members of the Committee shall be Employees
who are active Employees and Participants in the Plan; three members
shall be Clty Commissioners or appointees of the City Commission; and
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the seventh member, who shalll)e a resident of the City of Clearwater,
shall be appointed by the other six members.
(8) Except as provided in subparagraph (3) below. terms of
members shall be for two years.
(2) Committee members representing the Employees shall be elected
by a majority of the active Employees who are Participants In the Plan.
Committee members representing the City Commission shall be appointed by a
majority vote of the City Commission. The seventh member shall be appointed
by a majority vote of the other six members of the Committee.
(3) Terms of office of Employee elected Committee membe:'s shall
overlap, with two of the members to be initially elected for two years and the
third member to be initially elected for one year. Terms of offlco 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 h,itlally appointed
for one year.
(4) (A) The first election of Committee members representing the
Employees shall be held within 45 days of approval of the' amended and
restated Plan. Thereafter, not less than 60 days before each
subsequent election of an Employee elected Committee member, the
existing Employee elected Committee members shall select and appoint a
nominee group composed of fjve persons from Employees participating
in the Plan to conduct the election process. The Department of the City
Clerk shall provide necessary assistance to the Employees for the
adm Inistration of elections.
(B) Members of the Committee last elected by Employees on
the date of adoption of this amended and restated Plan shall continue to
serve as the Employee elected Committee members until the first election
under this amended and restated Plan has been held.
(5) Any vacancy on the Committee, whether Employee elected, City
Commission appointed, or the Committee appointed seventh member, shall be
filled for the remainder of the term and In the same manner as the original
Committee member who vacated the position.
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(6) Members of the Committee shall serve without compensation
additional to that earned In their respectIve capacitIes as regular Employees or
elected City Commissioners.
( 7) Each Committee member shall be entitled to one vote. Four
affirmative votes shall be necessary for any decision by the Committee at any
meeting. A Committee member shall have the right to recuse himself from
voting as a result of a conflict of interest provided that the Committee member
states In writing the nature of the conflict.
(e) Powers and Duties of Committee.
(1 ) The Committee shall have authority to:
(A) Arrange for the necessary physicians to pass upon all
medical examinations requIred under this Plan. Such physicians shall
report In writing to the Committee their conclusions and
recommendations. The Committee shall review such physicians' reports
and prepare Its recommendations as to the acceptance or denial of
Employees as Participants and forward same to the Trustees.
(8) In conjunction with the Employer and medical consultants,
establish the scope of the medical examinations to be used for benefit
eligibility and medical standards to be used for benefit eligibility and to
guide the examining physicians in reaching their conclusions and
recommendations. Such medical standards shall give due consideration
to the nature of the job classification in which Participants are to be
placed.
(C) Investigate and recommend to the Trustees, in conjunction
with the actuaries, such mortality/service and other tables as shall be
deemed necessary for the operation of the Plan.
(D) Make recommendations to the Trustees for Improvements
or changes in the Plan.
(E) ReceIve all applicatIons for benefits under this Plan and
determine all facts that are necessary to establish the right of an
applicant to benefits under the Plan.
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(2) The Committee shall, from time to time as it deems appropriate,
submit recommendations to the Trustees as to rules, procedures, forms and
general administrative procedures relating to the responsibilities of the
Committee.
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(3) No benefits or relief shall be provided to any Participant under the
Plan unless the same has been reviewed by the Committee and a
recommendation provided to the Trustees.
(f) Conflict In Terms. In the event of any conflict between the terms of
this Plan and any explanatory booklet, this Plan shall control.
(g) Nondiscrimination. The Trustees shall not take any action or direct
the Committee to take any action whatsoever that would result in unfairly benefiting
one Participant or group of Participants at the expense of another or in discriminating
between Participants similarly situated or in the application of different rules to
substantially similar sets of facts.
(h) Procedures and Records.
( 1 ) The Trustees and, subject to the approval of the Trustees, the
Committee, may establish ,rules and procedures as are necessary to administer
the Plan, which rules and procedures shall be applied in an uniform and
nondiscriminatory manner.
(2) The Trustees and the Committee shall keep a complete record of
all their proceedings and all data necessary for the administration of the Plan.
All of the foregoing records and data shall be located at the principal office of
the Employer.
(1) Final Authority. Except to the extent otherwise required by law or by
this Plan, the decision of the Trustees In matters within their jurisdiction shall be final,
binding and conclusive upon the Employer, the Committee, each Employee and
beneficiary, and every other interested or concerned person or party.
(1) Appointment QtAdvisors. The Trustees may appoint such
actuaries, accountants, professional investment counsel, legal counsel, specialists,
third party pension administrators, and other persons that they deem necessary and
desirable in connection with the administration of this Plan or to assist them in the
performance of their duties as Trustees. The Trustees are authorized to pay for
such services from the Pension Fund.
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Section 2.395
Participation
(a) Participation.
(1) Unless otherwise provided herein, all Employees of the Employer
shall be requIred to make the contributions specified In Section 2.396 and shall
be required to participate in the Plan.
(2) Any Employee who is a Participant and who by reason of
appointment has or may become an offlclal of the Employer shall be eligible to
continue participate in the Plan In the same manner as any other Employee.
(b) Reemployment.
( 1 ) If a Participant terminates employment with the Employer and is
subsequently reemployed within the 5 year period following his termination of
employment, the former Participant ~hall again be eligible to participate in the
Plan and his credited service shall be based on all periods of employment,
provided he
(A) again satisfies the definition of "Employee" set forth in
Section 2.393 (Including passing the comprehensive physical
examination), and
!
(8) repays the amount of any Employee contributions he
received in accordance with paragraph (d)(4) of Section 2.397.
(2) Notwithstanding the foregoing, an Employee who Is reemployed
after his benefits have commenced under the Plan (other than disability beneflts
pursuant to paragraph (c) of Section 2.397) shall not be eligible to participate
in the Plan upon his subsequent reemployment.
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Section 2.396
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Contributions to the P I a n
(a) Employee Contributions.
. (1) For each Plan Year, an Employee required to participate in the Plan
shall make regular contributions to the Plan' In the amount of 8% of his
Compensation. Employee contributions withheld by the Employer on behalf of
the Employee shall be deposited with the Trustees at least monthly.
(2) The contributions made by each Employee under the Plan shall be
designated as Employer contributIons pursuant to Section 414(h) of the
Internal Revenue Code. Such designation is contingent upon the contrIbutions
being excluded from the Employees' gross Income for federal income tax
purposes. For all other purposes of the Plan, such contributions shall be
considered Employee contributions.
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(b) Employer Contributions.
(1) For each Plan Year. the Employer shall make contributions to the
Plan in an amount equal to
(A) 7% of the Compensation of all Employees participating In
the Plan; provided, however, that for the Plan Year beginning January 1,
1996, the Employer contribution to the Plan may be Jess than 7% (but in
no event less than 6%) of the Compensation of all Employees
participating in the Plan; plus
(8) such additional amounts as may be required to satisfy the
Planls funding requirements for the Plan Year and the cost of
adminIstering the Plan, as determined by the actuary employed by the
Trustees.
(2) The amount described in subparagraph (1 )(B) above may be
reduced by any available credit balance tn accordance with applicable Florida
Statutes.
(c) Form and Timing of Contributions. Paymen,s on account of the
contributions due from the Employer for any Plan Year shall be made in cash. Such
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payments may be made by the Employer In accordance with the requirements of
applicable Florida Statutes.
(d) Forfeitures. Any amount forfeited pursuant to the provisions of this
Plan shall be used In accordance with Section 1.401.7(a) ot the Income Tax
Regulations.
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Section 2.397
Benefits Under the P' a n
(a) Normal Retirement Benefit.
( 1 ) A Participant shall be entitled to retire from the employ of his
Employer upon such Participant's Normal Retirement Date.
(2) Upon reaching his Normal Retirement Date, a Participant shall be
fully vested in his Accrued Benefit and shall be entitled to receive, at the time
and in the manner described in Article VIII, his Normal Retirement Benefit.
Subject to the provisions of paragraph (e) of this Seclion 2.397:
(A) The Normal Retirement Benefit shall be a monthly income,
paid in accordance with the normal form of benefit described below, that
is equal to the product of:
(I) 2.5% of the Participant's Average Monthly
Compensation, multiplied by
(ii) the Participant's Years of Credited Service.
(B) Effective for Plan Years beginning on or after January 1,
1996, in the case of Employees who are performing active service on
behalf of the Employer on January 1, 1996, 112.75%" shall be substituted
for 112.5%" in subparagraph (A) above. An Employee will be deemed to
be performing active service if he is actively employed by the Employer
(working on a continuous basis), Inclusive of light duty assignments made
by the Employer and the use of sick leave, vacation leave, military leave,
family medical leave, or other approved leaves of absence from which
the Employee Is anticipated to return to regular duty. This
subparagraph (B) shall not apply to Employees who, as of January 1,
1996, no longer perform active service for the Employer but who remain
on the Employer's payroll and are compensated for a given period on
the basis of vacation time, sick leave, severance benefits or any other
type of leave of absence and whose employment with the Employer is
expected to terminate following such compensated period.
II
(3) (A) The normal form of benefit shall be an annuity paid monthly
for the life of the Participant, with a 100% survivor annuity paid monthly
17
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for a period of five years following the death of the Participant to the
beneficiary or beneficiaries described In paragraph (e) of this Section
2.397; provided, further, that following such five year period the survivor
annuity shall be reduced to 50% of the original survivor annuity amount.
(B) The survivor annuity paid to the PartIcipant's beneficiary or
beneficiaries In accordance with subparagraph (3)(A) above shall cease
following
(I) the last day of the month in which occurs the
designated beneficiary's death or remarriage, if such designated
beneficiary is the Participant's spouse, or
(Ii) the last day, of the month in which occurs the
designated beneficiary's death or attainment ot age 18, if the
designated beneflclary is the Participant's child or children.
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(4) In the event that a Participant does not begin to receive his
N<;lrmal Retirement Benefit at his Normal Retirement Date, such Participant shall
be entitled to the benefit he was entitled to receive at his Normal Retirement
Date, adjusted to take into account his Average Monthly Compensation and
Years of Credited Service as of his actual retirement date.
(b) Early Retirement Benefit.
( 1 ) A Participant shall be entitled to retire from the employ of his
Employer upon such Participant's Early Retirement Date.
(2) Upon reaching his Early Retirement Date, the Participant shall be
fully vested in his Accrued Benetit anG shall be entitled to receive, at the time
and in the manner described in Section 2.398, his early retlrement benefit.
(3) A Participant's early retirement benefit shall be determined in
accordance with the provisions of paragraph (a) above, and the amount of
such benefit shall be reduced to the Actuarial Equivalent of the benefit
otherwise payable under paragraph (a) above.
(4) If a Participant separates from service before satisfying the age
requirement for early retirement, but has satisfied the service requirement. the
Participant will be entitled to an early retirement benefit upon satisfaction of
such age requirement.
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(c) Disability Benefit.
( 1 ) (A) A Participant who Is vested In his Accrued Benefit and who
terminates employment by reason of his dlsabillty shall be entitled to
receive, at the time and in the manner described In Article Vill, a disability
benefit equal to his Accrued Beneflt as of the date of termination .of his
employment.
(B) A Participant who is de.emed by the Committee and the
Trustees to be disabled by reason of an Injury suffered or an Illness
contracted In the line of duty need not satisfy the vesting requirement
set forth In subparagraph (1 )(A) above; provided, further, that the
monthly amount of the disability beneflt payable to a Partioip?nt
described In this subparagraph (1 )(8) shall not be less than 66.2/3% of
such Partlcipant's Average Monthly Compensation.
(C) The provisions of this paragraph (0) shall apply to
Participants who are determined by the Committee and Trustees to be
disabled on or after January 1. 1996.
(2) A Participant shall be conside rep disahled for pu rposes of the Plan
if, in the opinion of the Committee and ,the Trustees; the PartIcipant Is disabled
due to sickness or injury, such disability is likely to be continuous and permanent
from a cause other than specified in subparagraph (3) below, and such
disability renders the Participant unable to perform any useful! meaningful and
necessary work for the Employer in an available position for which the
Participant Is reasonably qualified or for which the Participant may be
reasonable trained to perform, subject to the limitations below.
(A) If a Participant employed as a sworn and state certified (In
accordance with Section 943.1395, Florida Statutes) police officer
(Police Recruit, Police Officer, Police Sergeant, Police Lieutenant, Police
Captain, Assistant or Deputy Chief or comparable sworn and state
certified positions) or a state certified (In accordance with Section
633.35, Florida Statutes) firefighter (Firefighter, Fire Lieutenant, District
Fire Chief, Assistant or Deputy Chief or comparable state certlfied
positions) is disabled to the extent that he cannot reasonably continue
to perlorm the functions of his specific position, but remains capable of
performing usetul, meaningful and necessary work, he may be assigned
to an alternate position with the Employer as described below in lieu of
receiving disability benefits under the Plan.
1 9
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(i) If an available equal level position is available in the
police or fire department respectively, the Participant may be
assigned to such position within the respective department, such
assignment to be with no loss of base pay (as described below);
or
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(ii) If no equal level posItion is available in the police or
fire department respectively, as referred to In subparagraph (i)
above, the Participant may be assigned to another sworn and/or
state certified position In the respective department, if such
position is available, such assignment to be with no loss of base
pay regardless of whether the assignment is to an equal or lower
level position; or
(iii) It a position is not available pursuant to
subparagraph (i) or (ii) above, the Participant may be assigned
to a non-sworn and/or non-state certified position within the
respective department, if such position is available, with such
assignment to be with no loss of base pay regardless of whether
the assignment Is to a non-sworn and/or non-state certified
position of equal or lower level; or
(iv) If an assignment cannot be made pursuant to
subparagraph (i), (ii) or (iii) above, the Participant may be
assigned to any other position with. the Employer that is available
for which the Participant has the skill and knowledge to perform
or for which the Participant can reasonably be trained to perform,
such assignment to be with no loss of base pay regardless of
whether the assignment to such position is at an equal or lower
level.
(B) If a Participant employed in a position other than as a
sworn and state certlfied police officer or a state certified firefighter is
disabled to the extent that he can not reasonably continue to perform
the functions of his specific position, but remains capable of performing
useful, meaningful and necessary work, he may be assigned to an
alternate position with the Employer in lieu of receiving disability benefits
under the Plan. For this purpose, the Participant may be assigned to any
other position with the Employer that is available for which the
Participant has the skill and knowledge to perform or for which the
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Participant can reasonably be trained to perform. such assignment to be
with no loss of base pay regardless of whether the assignment to such
position Is at an equal or lower level.
(C) For purposes of this paragraph (c)(2). the term "base
payll shall be defined as compensation at the rate prescribed for the
particular job class in the Employer's pay, schedule.
(3) (A) Each Participant who is claiming disability benefits shall
establish, to the satisfaction of the Com,mlttee. that such disability was
not occasioned primarily by:
(i) excessive or habitual use of any drugs. Intoxicants,
or alcohol;
(il) injury or disease sustained while willfully and illegally
participating in fights, riots or. civil insurrections;
".
(Iii) injury or disease sustained while committing a crime;
(iv) injury or disease sustained while serving in any
branch of the Armed Forces;
(v) injury or disease sustained after his employment as
an Employee with the Employer shall have terminated;
(vi) willful, wanton or gross negligence of the Participant;
or
(vii) injury or disease sustained by the Participant while
working for anyone other than the Employer and arising out of
such employment.
(B) No Participant shall be entitled to a disability benefit,
whether in Une of duty or not in Une of duty. because of or due to the
aggravation of a specific injury, impairment or other medical condition
pre-existing the Employee's participation in the Plan; provided, however,
that such pre-existing condition and its relationship to a later injury.
impairment or other medical condition Is established by competent
substantial evidence. Nothing herein shall be construed to preclude a,
disabllity benefit for a Participant who, after commencing participation in
the Plan suffers an injury. impairment or other medical condition different
21
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from some other injury. impairment, or other medical condition existing
at or prior to participation In the Plan.
( 4) (A) A Participant shall not become eligible for disability beneflts
until and unless he undergoes a physical examination by a quallfied
physician or physicians. who shall be selected by the Committee for that
purpose.
(B) (i) Any to rmer Participant receiving disability benefits
under provisions of this Plan may be periodically re~examlned by a
qualified physician or physicians who shall be selected by the
Committee to determine if such disability has ceased to exist or If
the former Participant may be employed in an available position
for which the Participant is reasonably qualified in accordance with
the provisions In paragraph (c)(2) above. If the Committee finds
that the former' Participant is no longer disabled or Is capable of
performing service for the Employer in accordance with the
provisions of subparagraph (2) above, the Committee may
request the former Participant to return to the employ of the
Employer. If the former Participant returns to the performance of
duty as an Employee. he shall again be eligible to participate In the
Plan. In the event a former Participant Is no longer disabled or is
deemed capable of returning to employment with the Employer in
accordance with the provisions of subparagraph (2) above. and
he does not return to employment with the Employer pursuant to
the Committee's request, he shall forfeit the right to his disability
benefit; provided further, that if an Employee accepts employment
with another employer in an occupation or line of work similar to
the occupation or line of work that resulted In the Employee being
eligIble for a dIsability benefit here'Jnder, he shall forfeit the right
to his disability benefit.
(ii) A PartIcipant who returns to employment with the
Employer and recommences participation In the Plan shall not
receive credited service for the period during which he received
disability benefits under the Plan.
(C) The cost of the physical examination and/or re-examination
. of the Employee claiming and/or receiving disability benefits shall be
borne by the Plan. AU other reasonable costs as determined by the
Committee incident to the physical examination, such as, but not limited
to. transportation and meals, shall be borne by the Plan.
22
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(D) The Committee may establish such other rules and
procedures as it deems necessary to Implement the provisions of this
paragraph (c).
(5) A Participant whose employment is termJnated by reason of his
death in the line of duty shall, for purposes of the Plan, be deemed to have been
disabled in the line of duty, and the Participanes beneficiary shall be entltled to
. receive a disability benefit as described in paragraph (c)(1) above.
( 6 ) If a Participant receives a disability benefit under the Plan and
workers' compensation benefits pursuant to Florida Statute Chapter 440 for
the same disability, and the total monthly benefits received from both exceed
100% of the Participant's average monthly wage, as defined in Chapter 440,
Florida Statutes, excluding overtime. the disability benefit shall be reduced so
that the total monthly amount received by the Participant dos not exceed
100% of such wage. The amount of any lump sum workers' compensation
payment shall be converted to an equivalent monthly benefit payable for ten
years certain by dividing the lump sum amount by 83.9692.
(d) Termination of Employment Benefit.
( 1 ) In the event a Participant's employment with his Employer is
terminated for reasons other than retirement, disability or death, such
PartJcipant shall be entitled to receive, at the time and in the manner del?cribed
in Section 2.398, a termination of employment benefit that is equal to the
Participanes vested Interest In his Accrued Benefit as of the date of his
termination of employment.
(2) (A) A Participant's vested Interest in his Accrued Benefit shall
be the following percentage of his Accrued Benefit, based upon such
Partlclpant's full Years of Credited Service as of the date 6f his
termination of employment:
TOTAL NUMBER OF FULL
YEARS Qf CREDITED SERVICg,
VESTED
INTEREST
Less than 10 Years of Credited Service
10 years or more
0%
100%
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(B) Notwithstanding the foregoing schedule, a PartIcipant shall be
fully vested in his Accrued Benefit upon attaining hIs Early Retirement
Date or his Normal Retirement Date.
(3) A Participant who terminates employment with the Employer prior
to his Early Retirement Date or his Normal Retirement Date may elect to
receive the total contributions he has made to the Plan, together with 5%
simple interest on such contributions. Upon. making such electiont the
Participant's interest in his Accrued Benefit shall be forfeited.
(4) If a Participant terminates employment prior to his Early.
Retirement Date or his Normal Retirement Date and receIves a distribution of
his contributions .(plus Interest thereon) and Is subsequently reemployed and
again becomes a Participant in this Plan, his credited service for purposes of
vesting and benefit accruals shall not include any periods of employment prior
to his reemployment date unless he repays to the Pension Fund the greater of
(i) the full amount previously distributed to him plus interest at the rate of 5%
per annum from the date of distribution to the date of repayment or (ii) the
actuarial present value of the Accrued Benefit previously. forfeited. Such
repayment must be made no later than the second anniversary of the
Participant's reemployment. If a Participant repays the foregoing amount to
the Pension Fund within the prescribed time periodt the interest of the
Participant in his Accrued Benefit previously forfeited under subparagraph (3)
above shall be restored In full and the Participant's credited service shall be
based on all periods of employment.
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(e)
Death Benefit.
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(1) (A) (i) In the event of the death of a Participant who is
vested in his Accrued Benefit prio~ to his termination of
employment, his beneficiary (as described below) shall be entitled
to receive a death benefit at the time and in the manner described
in Section 2.398. Said death benefit shall be in an amount equal
to the Accrued Benefit of such Participant as of the date of his
death.
(ii) The Participant's beneficiary may elect to receive, In
lieu of the death benefit under the Plant the total contributions
made by the Participant to the Plan, together with 5% simple
interest on such contributions. Upon making such electlont the
24
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Participant's beneficiary shall forfeit any right to a death benefit
under the Plan.
(Iii) If the Participant does not have a beneficiary, the
total contributions made by the Participant to the Plan, together
with 5% simple interest on such contributions, shall be paid to the
Participant's estate.
(8) In the event of the death of a Participant who is not vested
In his Accrued Benefit prior to his termination of employment, his
beneficiary (or. if there is no beneficiary, his estate) shall be entitled to
receive the total contributions made by the Participant to the Plan.
together with 50/0 simple interest on such contributions.
(2) A Participant whose employment Is terminated by reason of his
death in the line of duty shall be deemed, for purposes of the Plan, to have been
disabled in the line of duty and his benefit shall be determined in accordance
with paragraph (c)(5) of this Section 2.397.
I::
(3) The Participant's surviving spouse shall be deemed to be the
beneficiary designated to receive the death beneflt payable under the Plan, and
if none, his children under the age of 18 who are the Participant's dependents
(within the meaning of Section 152 of the Internal Revenue Code) at the time of
his death.
(4) If the total contributions made by the Participant to the Plan,
together with 5% simple interest on such contributions, exceed the value of the
death benefit paid under the Plan, the amount by which such contributions
(Including interest thereon) exceed the value of the death benefit paid under the
Plan shall be paid to the Participanfs estate.
(f) Limitations on Amount of Benefits.
( 1 ) (A) Notwithstanding any other provision of this Section 2.397
to the contrary. the projected benefit for a Participant (under this Plan
and under all other defined benefit plans maintained by the Employer.
whether or not terminated) when expressed as a benefit payable
annually In the form of a straight life annuity without regard to the death
beneflt or any other ancillary benefit, shall not at any time within the
LImitation Year exceed the lesser of
25
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(I) $90,000 (adjusted under such regulations as may be
Issued by the Secretary of Treasury); or
(iI) 100% of the Particlpanes Average Monthly
Compensatlon.
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(6) NotwithstandIng the foregoIng, the benefit payable with
-respect to a Participant shall be dee'med not to exceed the limitations
set forth in subparagraph (1) if the benefit payable with respect to suoh
Participant under this Plan and under all other defined benefit pension
plans to which the Employer contributes, does 'not exceed 510,000 for
the applicable Plan Year and for any Plan Year and the Employer has not
at any time maintained a defined contribution plan in which the
Participant participated.
(C) The limitations In subparagraphs (1 )(A)(l), (1 )(A)(ii) and
(1 )(8) above, shall be multiplied by a fraction (not In excess of one), the
numerator of which is the number of the ParticipanPs years of
participation in the Plan (In the case of the dollar limitation set forth in
subparagraph (1 )(A)(I)) or the number of the Participant's Years of
Credited Service (in the case of the limitation set forth In (1 )(A)(li) and
(1 )(8) ) and the denominator of which, In either case, is 10.
(D) As of January 1 of each calendar year, the $90,000
limitation set forth In subparagraph (1 )(A)(I) above, shall be adjusted as
and If permitted by the Secretary of the Treasury, and any such
adjusted limitation shall become effective as the maximum dollar limita-
tion under the Plan for that calendar year. The maximum dollar limitation
for a calendar year, as so adjusted, shall apply to limitation Years
ending with or within such calender year.
(E) (1) a. In the event the Participant's retirement
. benefits become payable before age 62, the $90,000
limitation set forth in subparagraph (1 )(A)(l) above shall
be reduced in accordance with regulations issued by the
Secretary of the Treasury. but not below $75,000.
b. In the event the Participant's retirement'
, benefits become payable before age 55, the $90,000
limitation set forth in subparagraph (1 )(A)(I) above shall
be reduced in accordance with regulations issued by the
26
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Secretary of the Treasury, but not below the actuarial
equivalent of $75,000 at age 55.
,c. In no event shall the limitation set forth in
subparagraph (1 )(A)(i) above be reduced to an amount
less than $50,000 (indexed in accordance with the Internal
Revenue Code) in the case of police or firefighters who are
qualified participants as defined in Sectlon 415(b)(2)(H) of
the Internal Revenue Code.
(II) If the Participant's retirement beneflt becomes
payable after age 65. for purposes of determining whether the
benefit meets the 590,000 limitation set forth in subparagraph
(1 )(A)(Ii) above. such benefit shall be adjusted so that it Is
actuarially equivalent to the benefit beginning at age 65. This
adjustment shall be made using an assumed Interest rate of five
percent (5%) and shall be made in accordance with regulations
,promulgated by the Secretary of the Treasury.
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(F) (i),' In the event that any Part.lcipant participates in both
a defined benefit plan and a defined contribution plan maintained
by his Employer or an Affiliate thereof. then the sum of the Defined
Benefit Plan Fraction (as defined in Section 415(e) of the Internal
Revenue Code) and the Defined Contribution Plan Fraction (as
defined in Section 415(6) of the Internal Revenue Code) for any
Limitation Year shall not exceed 1.0.
(Ii) In the event that the sum of the Defined Benefit
Plan Fraction and the Defined Contribution Plan Fraction exceeds
1.0~ then the Plan Administrator shall take such actions, applied In
a uniform and nondiscriminatory manner, as will keep the benefits
and Annual Additions for such Participants from exceeding these
limits. Adjustments shall be made to this Plan before any
adjustments shall be required to any other plans.
(2) This subparagraph (2) shall apply to the amount of Benefit (as
such term is described below) under this Plan for any Participant who is
considered a Restricted Participant (as such term is described below). S'uch
Benefit shall be limited to an amount equal to the payments that would have
been made on behalf of the Restricted Participant under a life annuity form of
27
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payment that is the Actuarial EquivalBnt of the Restricted Particlpanes Accrued
Benefit under the Plan.
(A) For purposes of this subparagraph (2)t the term "BenefW
shall Include retirement Income provided by the Plan, plus loans In excess
of the amounts set forth in Section 72(p)(2)(A) of the Internal Revenue
Code, any periodic income, any withdrawal values payable to a living
Participant and any death benefits not provided for by insurance on the
Participant's life.
(8) For purposes of this subparagraph (2), the term
II Restricted Partlcipanf' shall mean all Highly Compensated Employees. In
anyone Plan Year, the total number of Participants whose beneftts are
subject to restriction under this subparagraph (2) shall be ltmited by the
Plan to a group of not less than 25 Highly Compensated Employees with
the greatest Compensation.
(C) Notwithstanding the foregoing, the limitations set forth In
this subparagraph. (2) shall not restrict the current payment of the full
amount of retirement income provided by the Plan if:
(I) after payment to a Restricted Participant of all of
the Benefit described abovet the value of Plan assets equals or
exceeds 100% of the value of current liabilities, as defined in
Section 412(1 )(7) of the Internal Revenue Code, or
(iI) the value of the Benefit described above for a
Restricted Participant ;s less than 1 % of the value of cu rrent
liabilities, as defined in Section 412(1 )(7) of the Internal Revenue
Code.
28
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Section 2.398
Time and Manner of Benefit Payments
(a) Time for Distribution of Benefits.
(1 ) Except as otherwise provided under this Article VIII:
(A)(i) The amount of the Normal Retirement Benefit to which a
Participant is entitled under paragraph (a) of Section 2.397 shall
commence as of the end of the month that next follows the month in
which the Participant terminates employment on or after his Normal
Retirement Date, continuing as of t~e last day of each month thereafter
during his lifetime and the lifetime of his beneficiary, if any; (ii) No
payment shall be made with respect to the month in which Participant
terminates employment on or after his Normal Retirement Date;
provided, however, that a full monthly payment wlll be made for the
month in which the Participant or his beneficiary dies.
(B)(i) The amount of the early retirement benefit to which a
Participant is entitled under paragraph (b) of Section 2.397 shatl
commence as of the end of the month that next follows the month in
which the Participant terminates employment on or after his Early
Retirement Date and elects to receive an early retirement benefit,
continuing as of the last day of each month thereafter during his lifetime
and the lifetime of his beneficiary, if any; (ii) No payment shall be made
with respect to the month In which the Participant terminates
employment on or after has Early Retirement Date; provided, however,
that a full monthly payment will be made for the month in the Participant
or his beneficiary dies.
(C)(i) The amount of the disability benefit to which a Participant is
entitled under paragraph (c) of Section 2.397 shall commence as of the
end of the month that next follows the later of (1) the month in which a
determination Is made as to the Participant's disability or (2) the month
in which the PartIcipant terminates employment, continuing as of the last
day of each month thereafter during his lifetime and the lifetime of his
beneficiary, if any; (II) No payment shall be made with respect to the
month in which a determination is made as to the Participant's disability
or the month in which the Participant terminates employment; provided,
29
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however, that a full monthly payment will be made for the month in which
the Participant or his beneficiary dies.
.. ,.
(D) The amount of the termination of employment benefit to
which a Participant is entitled under paragraph (d) of Section 2.397 shall
commence as of the earlier of (1) the end of the month that next follows
the month In which the Participant attains his Early Retirement Date (or
would have attained his Early Retirement Date if he had continued In the
employ of the Employer until his Early Retirement Date) or (2) the end of
the month that next follows the month In which the Participant attains
his Normal Retirement Date (or would have attained his Normal
Retirement Date if he had continued in the employ of the Employer until
his Normal Retirement Date), continuing as of the last day of each
month thereafter during his lifetime and the lifetime of his beneficiar1" if
. any; ,(Ii)} ~c\payment shall be made with respect to the month in which
the P:'(lll...i~ant attains his Early Retirement (or would have attained his
Early Retirement Date if he had continued in the employ of the Employer
until his Early Retirement Date) or his Normal Retirement Date (or would
have attained his Normal Retirement Date if he had continued in the
employ of the Employer until his Normal Retirement Date); provldedt
however, that a full monthly payment will be made for the month in which
the Participant or his beneficiary dies.
(E) The death benefit payable to a Particlpanfs beneficiary
under paragraph (e) of Section 2.397 shall commence as of the end of
the month that next follows the month in which the Participant dies,
continuing as of the last day of each month thereafter during the lifetime
, of his beneficiary; (Ii) No payment shall be made with respect to the
month In which the Participant dies; provided, however, that a full
monthly payment '.vill be made for the month In which the beneficiary
dies.
(2) Notwithstanding anything contained herein to the contrary t any
distribution paid to a Participant (or, in the case of a death benefit, to his
beneficiary or beneficiaries) pursuant to subparagraph (1) shall commence not
later than the last to occur of:
(A) April 1 of the year following the calendar year in which the
Participant retires on or after his. Early Retirement Date or his Normal
Retirement Date; or
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(8) April 1 of the year Immediately folloWing the calendar year
In which the Participant reaches age 70-1/2.
(b) Manner of Payment.
(1) (A) The manner of payment of a ParticIpant's retirement,
disability or termination of employment benefit shall be the normal form
of payment described in paragraph (a)(3) of Sectlon 2.397.
(8) The manner of payment of a Participant's death benefit
shall be the normal form of survivor annuity payment described In
paragraph (a)(3) of Section 2.397. '
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(2) (A) In lieu of the normal form of payment described in
subparagraph (1 )(A) above, a Participant's retirement, disability or
termination of employment benefit may be paid in one of the following
optional forms as elected by the Participant. The optional forms, which
shall be the Actuarial Equivalent of the benefit that would otherwise be
paid to the Participant, are as follows:
t
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(i) Monthly income payments for the life of the
Participant.
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(Ii) Monthly income payments for a 10 years certain and
life thereafter. under which the Participant receives payments
during his lifetime and, if he dies after he has begun to receive
payments but before he has received 120 payments, the
remaIning payments shall be made to his designated beneficiary;
provided, further, that if the designated beneficiary predeceases
the Participant, the Participant may designate a new beneficiary
to receive any payments due after his death. If the Participant
does not designate a new beneficiary. the payments required
under this option following the Participant's death shall be paid to
the Participant's estate. If the designated beneficiary begins to
receive payr:nents under this optfon and such designated
beneficiary dies before the end of the 10-year period, the
remaining payments shall be paid to the designated beneficiary's
estate.
31
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(Iii) Monthly income payments for the life of the
ParticIpant and, atter his death, a survivor annuity payable for the
life of the PartIcipant's designated beneficiary equal to 100%,,75%
or 50% of the amount payable to the Partlcipant.
(B) Each Participant shall have the right to designate a
beneficiary for purposes of the optional forms of benefit payment
described In this paragraph and to revoke any such designation. Each
designation or revocation shall be evidenced by written instrument filed
with the Committee and shall be effective upon filing with the Committee.
! '
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(3) In the case of a retirement, disability or termination of
employment benefit, in no event shall payment extend beyond the life or life
expectancy of the Participant or the joint lives or life expectancies of the Par-
ticipant and his designated beneficiary. If the Participant dies before receiving
the entire amount payable to him, the balance shall be distributed to his desig-
nated beneficiary at least as rapidly as under the metho~ being used prior to
the Participant's death.
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( 4) In the case of a death benefit, payment
(A) to the designated beneficiary shall begin within one year
following the Participant1s death (unless the designated beneficiary is the
Participant's spouse, in which case such benefit shall begin no later than
the date the Participant would have reached 70-1/2) and shall not, in
any event, extend beyond the life or life expectancy of the designated
beneficiary; or
(8) to any other benefiCiary shall be totally distributed within
five years from the date of the Participant's death.
(5) The Participant (or his spouse) shall not be permitted to elect
whether life expectancies will be recalculated for purposes of distributions
hereunder.
(6) Notwithstanding the foregoing. payments under any of the
options described in this paragraph shall satisfy the Incidental death benefit
requirements and all other applicable provisions of Section 401 (a)(9) of the
Internal Revenue Code, the regulations issued thereunder (including Prop. Reg.
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Section 1.401 (a)(9)-2), and such other rules thereunder as may be prescribed
by the Secretary of the Treasury.
(7) The Committee may purchase and distribute a nontransferable
and nonrefundable annuity contract to provide any, benefit under the Plan paid
;n the form of an annuity.
(c) Lump Sum P~yment Notwithstanding anything contained In this Plan
to the contrary, any benefit payable under the Plan, the actuarial lump sum present
value of which is not more than S3;qOO, shall be paid in a lump sum as soon as
practicable following the Participant's termination of employment.
I "
i:" (d) No Payment Unless S.Jfficleot Funds. No benefits shall be paid
under this Plan unless at the time of such benefit payment the Pension Fund has
sufflcient assets to pay such benefits; provided, that in the event the assets In tile
Pension Fund are not sufficient to pay the benefit amounts due under the Plan, the
Employer shall make additIonal contributions to the Plan pursuant to paragraph (b) of
I Section 2.396. "
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Section 2.399
Establishment and Operation of Pension Fun d
(a) Establishment of Fun d.
(1) As part of the Plan, there is hereby established the Pension Fund,
into which shall be deposited all of the contributions and assets whatsoever
attributable to the Plan.
(2) The Pension Fund shall be held in trust by the Trustees and the
Trustees shall be vested with full legal title to the Pension Fund: provided,
further, that the actual custody and supervision of the Pension Fund shall bl. f.\ .
vested in the Trustees. "
(3) The assets of the Pension Fund may be deposited by the Trustees
with an offlcial designated by, the Employer, acting in a ministerial capacity only,
who shall be liable in the sarna manner and to the same extent as he is !lable
for the safekeeping of funds for the Employer. However, any assets so
deposited with the designated official of the Employer shaH be kept in a
separate fund or clearly identified as assets of the Pension Fund. In lieu thereof.
the Trustees may d~posit the funds of the Pension Fund in a qualified public
depository as defined in Section 280.02, Florida Statutes. which depository with
regard to such assets shall conform to and be bound by all of the provisions of
Chapter 280, Florida Statutes.
(b) Records. All assets attributable to the Plan may be commingled in the
Pension Fund, provided that accurate records are maintained at all times reflecting
the financial composition of the Pension Fund, including accurate current accounts and
entries as regards th~ following:
(1 ) current amounts of accumulated contributions of Employees on an
individual account basls~
(2) receipts and disbursements;
(3) benefit payments;
(4) all interest, dividends and gains (or losses); and .
34
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(5) such other entries as may be properly required so as to reflect a
clear and complete financial report of the Pension Fund.
(c) Powers and Duties of Trustees. The Trustees may:
(1 ) Invest and reinvest the assets of the Pension Fund In annuity
(Including group annuity contracts of the pension investment type) and life
Insurance contracts of legal reserve life insurance companies licensed to do
business in the State of Florida, in amounts sufficient to provide, In whole or in
part, benefits to which all of the Participants shall be or become entitled under
the provisions of the Plan, and pay the initial and subsequent premiums thereon.
(2) Invest and r-ainvest the assets of the Pension Fund in:
(A) Time or savings accounts of a national bank, a state bank,
or a savings, building and loan association insured by the Federal Deposit
Insurance Corporation.
(B) Obligations of the United States Treasury and agencies
allied with or related to the United States Treasury.
(C) County bonds containing a pledge of the full faith and credit
of the county involved, bonds of the Florida development commission, or
of any other state agency, which have been approved as to legal and
fiscal sufficiency by the state board of administration.
(D) Obligations of any municipal authority Issued pursuant to
the laws of this state; provided, however, that for each of the five years
next preceding the date of investment, the income of such authority
available for fixed charges shall have been not less than one and one-half
(1-1/2) times Its average annual fixed charge requirements over the life
of its obligations.
(E) Common stocks, preferred stocks and bonds and other
evidence of Indebtedness issued or guaranteed by a corporation
organized under the laws of the United States, any state, or organized
territory of the United States or the District of Columbia or any
corporation inter,!ational in character engaged in international business
and trade, prOVided:
35
~'Ji~ .>,.... . .. .
(i) the corporation Is listed on anyone or more of the
recognized national stock exchanges;
(ii) all corporate bonds shall carry a AA rating as
established either by Standard & Poor's, Moody's or Fitch; and
(Iii) not more than three percent (3%) of the assets of
the Pension Fund shall be inve'sted in the common stock or capital
stock of anyone issuing company nor shall the aggregate
investment anyone issuing company exceed one per cent (1 %) of
the outstanding capital stock of that company; nor shall the
. aggregate of the investments under this subparagraph at cost
exceed fifty percent (50%) of the Pension Fund's assets.
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(3) Cause any Pension Fund investment in securities to be
registered in or transferred into its name as Trustee or into the name of
such nominee as it may direct, or it may retain them unregistered and in
form permitting transferability, but the books and records shall at all
times show that all investments are part of the Pension Fund.
(4) Vote upon any stocks, bonds, or securities at any
corporation, association, or trust and give general or specific proxies or
powers of attorney with or without power of substitution; participate in
mergers, reorganizations, recapitalizations, consolidations, and similar
transactions with respect to such securities; deposit such stock or other
securities in any voting trust or any protective or like committee with the
Trustees or with depositories designated thereby; amortize or fail to
amortize any part or all of the premium or discount resulting from the
acquisition or disposition of assets; and generally exercise any of the
~owers of an owner with respect to stocks, bon'ds, or other Investments
comprising the Pension Fund which it may deem to be to the best
interest of the Pension Fund to exercise.
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(5) Retain in cash and keep unproductive of income such
amount 01 the Pension Fund as it may deem advisable, having regard for
the cash requirements of the Plan.
(6) . Retain the services of a cLlstodlan bank, an Investment
advisor regIstered under Investment Advisors Act ot 1940 or otherwise
exempt from such required regIstration, an insurance company, or a
combination of these, ror Ihe purposes of Investment decisIons and
36
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management. Such investment manager shall have discretion, subject to
any guidelines as prescribed by the Trustees, in the investment of all
Pension Fund assets.
(d) Prudent Man Rule. The Trustees of this Plan and all other persons
occupying a fiduciary position under this Plan in the administration of this Plan and in
investing and reinvesting assets of the Pension Fund shall utilize and be governed by
the prudent man rule.
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(e) Receipt of Information. Where any action which the Trustees are
required to take or any duty or function which they are required to perform either
under the terms herein or under the general law applicable to the Trustees under this
Plan can reasonably be taken or performed only after receipt by the Trustees from a
Participant, the Employer, or any other entity, of specific information, certification,
direction or Instructions, the Trustees shall be free of liability in failing to take such
action or perform such duty or function until such information, certification, direction
or instruction has been received by it.
(1) Qverpayments and Underpayments. Any overpayments or
underpayments from the Pension Fund to a Participant or beneficiary caused by
errors of computation shall be adjusted with interest at a rate per annum approved
by the Trustees. Overpayment shall be charged against payments next succeeding'
the correction. Underpayments shall be made up from the Pension Fund.
(g) Appointment of Agents. Any of the foregoing powers and functions
reposed in the Trustees may be performed or carried out by the Trustees through
duly authorized agents, provided that the Trustees at all times maintain continuous
supervision over the acts of any such agent; provided furtl1er, that legal title to the
Pension Fund shall always remain in the Trustees.
(h) Independent Audit. An Independent audit shall be performed annually
by a certified public accountant for the most recent fiscal year of .the Employer. Such
report shall reflect items normally included in a certified audit.
(i) Expenses of Administration. '
( 1 ) (A) The assets of the Pension Fund may be used to pay all
expenses of the administration of the Plan and the Pension Fund, including
the compensation of any Investment manager, the expense incurred by
the Trustees or the Committee in discharging its duties, all Income or
other taxes of any kind whatsoever that may be levied or assessed
37
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under existing or future laws upon or in respect of the Pension Fund, and
any Interest that may be payable on money borrowed by the Trustees
for the purpose of the Pension Fund, as well as any settlements or
judgments entered with respect to the Plan.
(B) The Employer may pay the expenses of the Plan and the
Pension Fund. Any such payment by the Employer shall not be deemed a
contribution to this Plan. .
j. '
(2) Notwithstanding anything contained herein to the contrary, no
excise lax or other liability Imposed upon the Trustees or any other person for
failure to comply with the provisions of any federal law shall be subject to
payment or reimbursement from the assets of the Pension Fund.
I L >
(3) ~o individual Trustee or Committee member shall be entitled to
compensation from the Trust (except for the reimbursement of expenses
properly and actually incurred).
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Section 2.400
Amendment and Termination
,.'
(a) Amendment QiPlan. The City Commission of the Employer shall have
continuous power to amend this Plan in whole or In part; provided, however, that no
such amendment, except as permitted by law:
( 1 ) shall become effective until and unless it Is ratified by a majority of
the qualified electors of the City of. Clearwater voting either in a general election
or in a special election called and held for the purpose of ratification or
rejection of the amendment; provided, however, that such ratification shall not
be requir3d if the amendment is .necessary to comply with applicable state or
federal law.
(2) shall have the effect of vesting in the Emp loyer, directly or
indirectly any interest, ownership or control in any of the present or subsequent
assets held in the Pension Fund; ,
(3) shall cause or permit any property held subject to the terms of
the Pension Fund to be diverted for purposes other than the exclusive benefit of
the Participants and their beneficiaries; or
(4) shall reduce the then vested Accrued Benefit of any Participant.
(5)' reduce or eliminate any benefit in pay status prior to the Eifective
Date of the Plan, except as otherwise provided under the terms of the Plan, prior to
the Effective Date of this amendment and restatement.
(b) Termination of Plan~Discontlnuance of Contributions.
(1 ) This Plan may be terminated in whole or in part at any time by the
Employer.
(2) If this Plan is terminated, or If contributions to the Plan are
discontinued, the Trustees shall continue to administer the Plan in accordance
with the provisions of the Plan, for the sole benefit of the Participants and their
beneficiaries. In the event of termination, or if contributions to the Plan are
discontinued, there shall be full vesting of benefits accrued to the date of
termination and the assets of the Plan shall be allocated in an equitable manner
39.
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to provide benefits on a proportionate basis to the persons so entitled in
accordance with the provisions thereof.
(3) The following shall be the order of priority for purposes of
allocating the assets of the Plan as of the date of termination or the
discontinuance of contributions, with the date of such discontinuance being
determinfJd by the Trustees.
(A) Apportionment shall first be made with respect to each
Employee receiving a benefit hereunder on such date, each person
receiving a benefit on such date on account of a deceased Employee,
and each Employee who has, by such date, become eligible for a normal
retirement benefit but has not yet retired, in an amount which Is the
actuarial equivalent of such benefit, based upon the actuarial
assumptions in use for purposes of the most recent actuarial valuation,
provided that, If such asset value Is less than the aggregate of such
amounts, such amounts shall be proportionately reduced so that the
aggregate of such reduced amounts will be equal to such asset value.
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(B) If there is any asset value remaining after U,e
apportionment under subparagraph (3)(A), apportionment shall next be
made with respect to each Employee in the service of the Employer on
such date who has completed at least ten Years of Credited Service and
who is not entitled to an apportionment 'under subparagraph (3)(A), in
the amount required to provide the actuarial equivalent, as described in
subparagraph (3)(A) above, of the accrued Normal Retirement Benefit,
based on the credited service and Average Monthly Compensation as of
such date, and each vested former Participant then entitled to a
deferred benefit who has not, by such date, begun receiving benefit
payments, in the amount required to provide said actuarial equivalent of
the accrued Normal Retlrement Benefit, provided that, if such remaining
asset value is less than the aggregate of the amounts apportioned
hereunder, such latter amounts shall be proportionately reduced so that
the aggregate of such reduced amounts will be equal to such remaining
asset value,
(C) If there is any asset value after the apportionments under
subparagraphs (3)(A) and (3)(B), apportionment shall be made with
respect to each Employee in the service of the Employer on such date
who is not entitled to an apportJonment under subparagraphs (3)(A)
and (3)(6) In an amount equal to Participant1s accumulated
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contributions, provided that, if such remaining asset value Is less than
the aggregate of the amounts apportioned hereunder such latter
amount shall be proportionately reduced so that the aggregate of such
reduced amounts will be equal to such remaining asset value.
( D) If there is any asset value remaining after the
apportionments under subparagraphs (3)(A), (3)(8), and (3)(e),
apportionment shall lastly be made with respect of each Employee
included in subparagraph (3)(C) above to the extent of th~ actuarial
equivalent, as described in subparagraph (3)(A) above, of the accrued
Normal Retirement Benefit, less the amount apportioned in
subparagraph (3)(e), based on the credited service and Average
Monthly Compensation as of such date, pro,vided that, if such remaining
asset value is less than the aggregate of the amounts apportioned
hereunder, such amounts shall be reduced so that the aggregate of such
reduced amounts will be equal to such remaining asset value.
(E) In the event there is asset value remaining after the full
apportionment specified In subparagraphs (3)(A), (3)(B), (3)(e) and
(3)(0), such excess shall be returned to the Employer.
(4) The allocation provided in subparagraph (3) above may, as
decided by the Trustees, be carried out through the purchase of insurance
company contracts to provide the benefits determined in accordance with this
subparagraph (3). The Pension Fund may be distributed in one sum to the
persons entitled to said benefits or the distribution may be carried out in such
other equitable manner as the Trustees may direct. The Pension Fund may be
continued in exl~tence for purposes of subsequent distributions.
(5) After all the vested Accrued Benefits prcvided hereunder have
been paid and after all other liabilities have been satisfied, then and only then
shall any remaining amounts of the Pension Fund revert to the Employer.
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Miscellaneous
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Section 2.401
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(a) Alienation. No Participant or beneficiary of a Participant shall have any
right to assign, transfer, appropriate, encumber, commute, anticipate or otherwise
alienate his interest in this Plan or the Pension Fund or any payments to be made
thereunder; no benefits. payments, rights or interests of a Participant or beneficiary
of a Participant of any kind or nature shall be in any way subject to legal process to
levy upon, garnish or attach the same for payment of any claim against the
Participant or beneficiary; and no Participant or beneficiary of a Participant shall have
any right of any kind whatsoever with respect to the Pension Fund, or any estate or
interest therein, or with respect to any other property or right, other tran the right
to receive such distributions as are lawfully made out of the Pension Fund, as and
when the same respectively are due and payable under the terms of this Plan.
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(b) Effect on Other Plans. Nothing in this Plan shall be construed so as
to abridge, alter or in any way affect nny of the rights or liabilities of an Employee of
the Employer under any other retirement plan in effect as of the Effective Date of this
Plan.
(c) Forfeiture of Benefits for Certain Offenses.
(1 ) Any Employee who is convicted of any of the following specified
offenses committed prior to retirement, or whose employment is terminated by
reason of his admitted commission, aid or abetment of any of the following
specified offenses, shall forfeit all rights and benefits under this Pension Fund;
except for the return of his accumulated contributions as of the date of
termination.
(2) The specified oHenses are as follows:
(A) The committing, aiding or abetting of an embezzlement of
public funds;
(8) The committing; aiding or abetting of any theft by a public
officer or Employee from the Employer;
(C) Bribery in connectlon with thE;! employment of a public
officer or Employee;
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( D) Any felony specified in Florida Statutes, Chapter 838
(except 9838.15 and 9838.16); ,
(E) The committing of an impeachable offense; and
(F) The committing of any felony by a public officer or
Employee who willfully and with intent to defraud the public or the public
agency, for which he acts or in which he is employed, of the right to
rece'ive the falthful performance of his duty as a public officer or
Employee, realizes or obtains, or attempts to obtain, a profit. gain, or
advantage for himself or for some. other person through the use or
attempted use of the power, rights, privileges, duties or position of his
public office or employmer.t position.
(3) For purposes of this paragraph, "conviction" shall be defined as
an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or
a nolo contendere; a jury verdict of guilty when adjudication of guilt is withheld
and the accused is placed on probation; or a conviction by the Senate of an
impeachable offense. For this purpose, ltcourtll shall be defined as any state or
federal court of competent jurisdiction which is exercising its jurisdiction to
consider a proceeding involving the alleged commission of a specified offense.
(4) Prior to forfeiture, the Trustees shall hold a hearing in accordance
with Florida Statutes, Chapter i 20 on which notice shall be given to the
Participant whose benefits are being considered for forfeiture.
(5) If a Participant whose benefits are forfeited pursuant to this
paragraph has received benefits from the Plan in excess of his contributions
without interest, such Participant shall be required to pay back to the Pension
Fund the amount of the benefits received in excess of his contributions without
interest. The Trustees may implement all legal action necessary to recover
such funds.
(d) Indemnification.
( 1 ) To the extent not covered by insurance contracts in force from
time to time, the Employer shall indemnify and hold harmless the Trustees and
the members of the Committee from all personal liability for damages and
costs, including court costs and attorneys' fees, arising out of claims, suits,
litigation , or threat of same, herein referred to as "claims", against these
individuals because of acts or circumstances connected with or arising out of
43
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their official duty as Trustees or members of the Committee, The Employer
reserves the right, in its sole discretion, to settle or not settle the claim at any
time, and to appeal or to not appeal from any adverse judgment or ruling, and
in either event will indemnify and hold harmless any Trustees or members of the
Committee from the judgment, execution, or levy thereon.
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(2) Th is parag raph shall not be construed so as to relieve any
insurance company or other entity liable to' defend the claim or liable for
payment of the judgment or claim, from any liability, nor does this paragraph
waive any provision of law affording the Employer immunity from any suit in
whole. or part, or waive any other substantive or procedural rights the
Employer may have.
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(3) . This paragraph shall not apply nor shall the Employer be
responsible in any manner to defend or pay for claims arising out of acts or
omissions of the Trustees or members of the Committee which constitute
felonies or gross malfeasance or gross misfeasance in office.
(e) Uniformed Service.
(1) An Employee shall be credited with service tor purposes of vesting
and benefit accruals for his service in the uniformed service (as defined in the
UnHormed Services Employment and Reemployment Rights Act of 1994 [the
"Act")) upon being granted leave by the Employer for such uniformed service
and termination from employment as an Employee with the Employer, provided
that:
(A) the Participant must return to his employment as an
Employee with the Employer within the lime periods prescribed by the
. Act; and
(B) the Employee complies with the Employee contribution
requirements prescribed by Act.
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(2) The maximum service credit for uniformed service shall be 5 years
or such other time period as may be prescribed by the Act.
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P. O. Box 4748
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C'D-L ~\
CITY OF CLEARWATER
Clearwater, Florida 34618-4748
City Commission
MEMORANDUl\'I
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TO: Betty Deptula, City Manager
DATE:
July la, 1995
FROM:
Fred A. Thomas. Commissioner
COPIES:
Mayor and Commissioners
RB:
Vending Machine Ordin
.....****..*....*..****.*.*..*.**.~...**.*...*.***..*.**..****...*........***
To the best of my knowledge, we have not revised the vending machine ordinince recently and
I can attest to the many problems that business owners are having because of it. The ordinance
treats vending machines like attached sign age: therefore. one establishment will differ from
another I all else being equal except for fl vending machine. Several businesses that I am aware
of have been left in limbo because of this ordinance. I think the time has come for us to tackle
this very real problem.
Please have thIs put on an upcoming agenda for discussion.
FATlrk
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en']: 6.
CI~tY OF CLEARWATER
P. O. Box 4748
Clearwater. Florida 34618-4748
City Commission
COPIES TO:
COMMISSION
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MEMORANDUM
JUN 2 9 1995
TO:
Betty Deptula, City Manager
COPIES:
DATE:
Mayor and Commissioners
PRESS
CLERK I ATTORNEY
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FROM:
Fred A. Thomas, Commissioner
June 29, 1995
RB: Recent Study By City Concerning Newspapers
...*****..**.*....*....****..........****..**.........*.**.*********.*..*...*.
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The Commission has discussed llunsolicited materials". and the conclusion was that re,idents
receiving materials they don't want should call the provider of that material and request that the
provider stop sending it. This doesn't appear to be n difficult or a time consuming project for
anyone. However. suggesting that an ordinance be passed to prevent .unsolicited materials'l is
certainly overkill. Surely, the people (103 in total) who called concerning Mr. Harper's survey
stuffcr can not be so presumptuous to speak for tho 100,000 residents in Clearwater!
Further, I believe that during our discussion of "unsolicited materlals1t first amendment rights
were also brought forward. A telephone call b certainty an easy and simple solution to unwanted
newspapers versus the ordinance alternative with perhaps an attached ConstitutionaHight on our
hands.
I'm not one to run from a fight, if the fight was for a good cause; in this case, I don't believe
it is.
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July 20, 1995
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FAX to 462~6720
Betty Deptula, City Manager
City ot CleArwater, ~lorida
ReI Association town meeting - september 1995
Dear BettYI
The next town meeting for ~he Clearwater Beach Association 1s scheduled for
the Memorial civic Cen~er on September 27, 1995. The Directors would like to
use that opportunity tor a dialogue 'about beach issues involving resident and
business citizens with interest enough to come, appropriate city staff, and
City Commissioners.
Our nOKt Board meeting is. on August 11 1995. It possible, I would like to
able to tell the Directors yea, nay, or maybe at that time.
Thank you for your continued interest, assistance, and cooperation.
ru1y yours,
1~id.nt
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
: Cynthia E. Goudeau, City Clerk .@J
FROM: . , . I
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SUBJECT: Commission Discussion Item I
COPIES: Elizabeth Deptula, City Manager I
DATE: July 27, 1995
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Commissioner Berfield has requested Commissioner Thomas's memorandum regarding the
Harborview Restaurants be added,as a Commission Discussion Item on Monday's (July 31) Agenda.
A copy of the memorandum is attachedj
See ::ftLt:5
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