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09/04/1997 9--4-97 i 1 m • 4 City, Commission Meeting- 9-4-97 note: 9-2-97 Preliminary (Worksession) Agenda and paperwork that was in package initially but then not continued onto -Thursday's agenda is at the back of this agenda pack. . ??qyl i 0 1r f !' ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, September 4, 1997 - 6:00 P.M. - Commission Chambers 1. Invocation 2, Pledge of Allegiance 3. Introductions and Awards 4. Presentations: a) Recognize Police Explorers - State Champions 5. Approval of Minutes - Regular Meeting 8121197 & Special Meetings 6/18197 (Pinch A Penny Appeal) & 815/97 (strategic planning) 6. Citizens to be heard re items not on the Agenda 1. Commissioner Johnson, 2. Mayor. 3. None. 4. Recognized. 5. Approved as submitted. Edwin McNichols requested Crest Lake Park be open dawn to dusk instead of specific hours, requested the dividing line for Police sectors be changed from Highland to Keene, expressed concern leash law and no truck signs are not being obeyed. PUBLIC HEARINGS 7. Public Hearing & First Reading Ords. #6172- 97 & #6173-97 - Land Use Plan Amendment to Recreation/Open Space & OS/R & P Zoning for property located at 2960 Drew St., Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07, Z97-08) - Request to Continue to 10/2197 8. Public Hearing & First Reading Ords. #6177- 97 & #6178-97 - Annexation & IL Zoning for property located at 2096 Gentry St., NE '/4 Pinellas Groves, part of Lots 5 & 12 (Gregory & Peggy Zukowski, A97-09) 9. (Cont. from 8/7197) Public Hearing - land Use Plan Amendment to Resort Facilities High & CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (13hula, LUP97-06, Z97-06) - Staff request to Cont. 10. Public Hearing - Annexation & 1) CH, 2) RS-4 Zoning for property located at 1) 18350 US19N, Sec. 19-29.16, M&B 44.12 & part of 44.11 & 2) Hampshire Acres, Blk A, Lots 12 & 13 (Staring, THE I Rite-Ors Land Trust, Progressive Development Group, Inc., A97- 08) - Request to Continue to 1012197 7. Continued to 1012197. 8. Approved. Ords. #6177-97 & #6178-97 passed 1 st reading. 9. Continued. 10. Continued to 1012/97. 914/97 1 11. Public Hearing & First Reading Ord. #6181- 97 - Vacating north 0.5' of the 5' drainage & utility easement lying along north side of southerly platted tot line of Lot 104, Landmark Woods 2nd Addition (Karen Fitzgerald & James Fisher 1 James L. & Gail D. Gail, V97-10)(EN) 12. Public Hearing & First Reading Ord. #6182- 97 - Vacating a portion of 10' drainage & utility easement lying along east side of Lot 113, Del Oro Groves 1 st Addition (Kevin Burke, V97-12)(EN) 13. Public Hearing & First Reading Ord. #6185- 97 - declaring millage rate to be levied for FY beginning 1011197 and ending 9130198, for operation purposes including pensions & debt service, and road maintenance for capital improvement expenditures at 5.1158 mills (CM) 14. Public Hearing & First Reading Ord. #6186- 97 - adopting an operating budget for FY beginning 1011!97 and ending 9130198 (CM) 15. Public Hearing & First Reading Ord. #6187- 97 - adopting the CIP budget for FY beginning 1011197 and ending 9130198 (CM) 16. Public Hearing - approve transfer of $1,000,000 of Penny for Pinellas tax from Landmark Drive extension project to the Memorial Causeway Bridge project (CM) 11. Approved. Ord. #6181-97 passed 1 st reading. 12. Approved. Ord. #6182-97 passed 1st reading. 13. Ord. #6185-97 passed 1st reading. 14. Ord. #6186-97 passed 1 st reading. 15. Ord. #6187-97 passed 1st reading. 16, Approved. Public Hearing - Second Reading Ordinances 17. Ord. #6176-97 - revising Sec. 28.04 and 17. Ord. #6176-97 adopted, Appendix A, Schedule of Fees, Rates and Charges, XXVIII, Occupational License Fees, to allow the sale of ice cream from trucks on residential streets CITY MANAGER REPORTS CONSENT AGENDA (Items #18-32) - Approved as submitted less #s 18 & 20. 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. 914197 2 18. A roval of Purchases per 8/25/97 memorandum: - APPROVED -- Extension, USA Waste Services, Inc., disposal of mixed loads of refuse, yard waste & construction materials, 9/5197-9120198, est. $215,000 (SW) -- Sludge Hauling Services, J&J Baker Enterprises, Inc., 915197-91412002, est. $1,159,315 (annual est. $231,863)(EN) -- Extension, Unisys Corp., Unisys A-4 Software Licenses required to operate Unisys A-4 mainframe computer, est. $35,300, 1011197-9/30/98 (IM) -- Extension, Solarex Technologies of Lakeland, Unisys A-4 mainframe maintenance, est. $18,742, 10/l/97-9/30/98 (IM) -- Extension, Oracle Corp., software support of 4 Oracle database licenses, est. $39,138.41, 10/l/97-9/30/98 (IM) -- 25 desktop computers, Dell Computer Corp., $73,005; to be purchased under City's master lease-purchase agreement (IM) -- BCD Computer Distributors, Inc., network equipment ($163,709.93) & software ($28,183,28), total $191,893.21 for Enterprise network Phase II & Fire substation network projects; equipment will be purchased under City's master lease-purchase agreement (IM) -- Extension, Rotonics Manufacturing, 90 gallon black refuse containers & associated spare parts, 9/5/97-1/l/98, est. $90,000 (SW) -- Extension, Pennington, Moore, Wilkinson and Dunbar, P.A., legislative consulting services, 10/1 /97-9130/98, est. $26,000 plus reasonable out of pocket expenses (CLK) -- Cellular Telephone Services, AT&T Wireless Services, 9115/97-9/30/98, est. $71,850 (IM) 19. Contract for installation of polyethylene gas mains & service lines, Heuer Utility Contractors, Inc., 915/97-914/98, est. $731,150 (GAS) 20. Approve continued use of Premium Stabilization Fund to offset '/z of biweekly premium for employees with 2 of more dependents for period 1/l/98-12/31/98 ($141,888) and to offset the 1.5% ($32,064) biweekly premium increase for calendar year 1998, at est. total $173,952 resulting in -0- increase in employee health insurance deductions for 98 calendar year (HR) - APPROVED 21. Extension, health insurance contract, Prudential Health Care System of Tampa Bay, under fully insured arrangement for period 1/l/98-12/31/98, est. $3,837,401 (HR) 22. Extension, mental health/substance abuse coverage contract, Professional Psychological Services (PPS), 1/l/98-1211/98, est. $168,951 (HR) 23. Promotional License Agreement with Clearwater Mall allowing City to conduct an EXPO and Parks & Recreation Mall Show in celebration of Florida City Government Week on 10/25/97 (IM) 24. Renewal lease agreement with Sgt. Allen Moore Community Partnership, Inc„ Lessee, for 1996 Ford Econoline 15-passenger Club Wagon, for 1 year commencing 9/20/97, renewable for up to additional 3 years, at annual lease payment of $1 for each period (PD) 25. Intergovernmental Agreement with Pinellas County for transfer of rights-of-ways of Gulfview Blvd. and Coronado Dr. on Clearwater Beach from County to City (EN) 26. Work Order, McKim & Creed, update of Master Plan for Reclaimed Water System Development, and analysis of potable water system, $126,800 (EN) 27. Approve ranking for Alligator Creek Trunk Sewer Cleaning & Television Inspection of Kimmins Contracting Corp. (1), Infrastructure Rehabilitation Services, Inc. (2), and Video Industrial Services (3), and award contract to Kimmins for $390,4200, and additionally approve $39,042 for contingency fee of 10% (EN) 9/4/97 3 r '; fir. '_• .? 28. Reappoint Robert Aude & William Ethington to the Clearwater Housing Authority (CLK) 29. Appoint Commissioner Johnson to the Long Center Foundation, Inc. Board of Trustees for the term beginning 9130197 (CLK) 30. Drainage & Utility Easement • portion of NWIA of Sec. 1-29-15 (Keene, Inc.)(CA) 31. Authorization to file a petition for writ of certiorari to appeal decision in Charles W. and Brenda N. Walter vs. Olen K. and Pamela A. Marks, Jr., and the City of Clearwater, DOAH Case No. 997- 0035 (CA) 32. Approve Street Closure Request - Church of Scientology, Friday 9112197, 6 p.m. to midnight, one southbound lane of Ft. Harrison, blocked off between Pierce & Franklin OTHER ITEMS ON CITY MANAGER REPORT 33. Consider Res. #97-51 - which would officially change the name of that portion of Bayview Avenue, lying south of Gulf to Bay Blvd. & within city. limits to "South Bayview Avenue" (EN) 34. Res. #97-49 - increasing Commercial Vessel Slip Rent by 5%, except for Special Purpose (Parasail) vessel slip rent, which will be increased by 50% and increase daily Transient Vessel Slip Rent from .90 to $1, per foot,.per day and monthly Transient Vessel Slip Rent from $11 to $13, per foot, per month, at Clearwater Municipal Marina (MR) 35. First Reading Ord. #6171-97 - Relating to Ch. 33, deleting Secs 33.091 (1) & (2) Shark Fishing, and adding Sec. 33.091 Fishing, to prohibit fishing from Clearwater Pass Bridge, Island Estates Bridges, and any other city property where posted (MR) 36. Res. #97-52 - establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing (1997 Gas System Revenue Bonds)(FN) 37. First Reading Ord. #6188-97 - providing for advance refunding of the outstanding Gas System Revenue Bonds, Series 1994A IFN) 38. Airport Authority - 1 appointment ICLK) 39. Environmental Advisory Board - 2 appointments (CLK) 40.. Other Pending Matters 33. Approved. Res. #97-51 adopted. 34. Approved. Res. #97-49 adopted. 35. Approved. Ord. #6171-97 passed list reading. 36. Approved. Res. #97-52 adopted. 37. Approved. Ord. #6188-97 passed 1st reading. 38. Continued to 9118197. 39. Continued to 9118197. 40. ' None. 914197 4 CITY ATTORNEY REPORTS 41. Resolutions - a) Adopted. a) Res. #97-53 - Assessing property owners the costs of having mowed or cleared owners' lots 42. Other City Attorney Items - Set attorney/client session re Patrick Media for 9129197 at 9:00 a.m. 43. City Manager Verbal Reports - None, 44, Other Commission Action Clark questioned if Nagano Hospitality Center would be pretty much the same as presented earlier. It was reported the new firm will maintain the concept that was included in the committee's original Request for Proposal. Johnson questioned if the Nagano Hospitality Center expenses were covered. The City Manager indicated they were, with most of the funding being from grants. Seel announced "Jazz it up in Downtown Clearwater" on 1014197 and encouraged participation in this day of preparing downtown for the opening of the Pinellas Trail. Hooper reported funding is in place for the 1 st two murals to be placed on buildings along the Trail. It is hoped a third will be completed in time for the Trail's opening. Eventually there will be a total of 8 murals. The opening is scheduled for 1214197. Garvey requested the Commission consider new chairs for the dins. It was indicated this would be addressed in conjunction with other planned renovations to the Chambers. Garvey requested people call to report malfunctioning street lights. Garvey reported there is a designated no alcohol area at the stadium at which the softball tournament is being held. She announced there would be a game at 8:30 tonight and the final game would be tomorrow night. Garvey noted the Pinellas Planning Council enclave report indicates the amount of property being recommended to be annexed into cities is negligible and expressed concern the County Commission opposed this. 45. Adjournment - 7:26 p.m. 914197 5 ?d e',: t?< ?k :?? 'Vii?;.x??tN?asY1'4•F','?..'???'`°7'?!?{ff''{?: •?ir 1 ;..a.,.,' ? ?.? - ? - ,. ? .. ? , CITY OF CLEAR.WATER Interdepartmental Correspondence CITY OF CLEARWATER Interdepartmental Correspondence i TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Cler SUBJECT: Follow up from September 2, 1997 Work Session COPIES: Michael J. Roberto, City Manager; Rich Baier, Engineering Director; Margie Simmons, Finance Director; Scott Shuford, Central Permitting Director; Chuck Warrington, Gas System Manager; Jeff Harper„ Information Management Director, H. M. Laursen, Human Resources Director DATE: September 3, 1997 . In response to questions raised at the September 2 1997, Work Session, the following answers are in final agenda order: Item # 8 - Annexation, Zukowski - the item has been corrected to remove the condition regarding the sewer connection being temporary. The map showing the location has been attached to the item.. Item #11- Vacation, Fitzgerald & Fisher - the address is 2881 Green Meadow Court. Item #12 - Vacation Request, Burke - the address is 1301 Almeda Avenue. Item #18 - Purchasing - Cell Phone contract - The City currently has 118 cellular phones. Due to AT&T's favorable bid (free phones, free weekend and night time calling and free 30 minutes per month) it is anticipated this will increase to approximately 143. To date this fiscal year we have spent $62,279 on base rate and airtime. In FY 95/96 we spent $71,748.43. Item #20 - Premium Stabilization Fund - ate=ht+is a history of the fund from 1989 forward. i s w & AV-rn Item #26 - Reclaimed Water - Engineering will be following up on the Mayor's question regarding grants through SWFWMD(Southwest Florida Water Management District), Item #33 - Bayview Avenue - aaaehed-&t%- responses from several of the agencies regarding the name change. o c-e- ,+I, Item # 37 - Gas Bonds - the first page of the Ordinance is included in your packet. The information from Chuck Warrington will be faxed to you in the morning. M • Clearwater City Commission Item /I; : ?. 97-013 &' LUP97-07 Agenda Cover Memorandum Meeting Date: 9/04/97 p 1 ' 1. O.Rr7 SUBJECT: • Petition for Land Use Plan Amendments and Zoning Atlas Amendments for M&B 44-01 in Section 8-29S-16E; Owner: City of Clearwater; Representative. Art Kader. (Z 97-08 & LUP 97-07) RECOMMENDATION/MOTION: • Approve the Petition for Land Use Plan Amendments from Residential Medium to Recreation/Open Space for the upland area, and Preservation for the wetland area and Zoning Atlas Amendments from Multiple-Family Residential "Sixteen" (RM-16) to Open Space and Recreation (OS/R) and Preservation (P) respectively for M&B 44.01 in Section 8- 29S-16E, and pass Ordinances No. 6172-97 and 6173-97 on first reading. 0 and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED REZONING AND LAND USE PLAN AMENDMENTS Reviewed by: Originating Department; Costs: Commission Action: Legal NIA CENTRAL. PERMITTING ? Approved Budget NIA ?j Total ? Approved w/Conditions Purchasing N/A User Departrfie t. ? denled Risk Mgmt. NIA Curront Fiscal Year ? Continued to: is NIA Funding Source: AGM NIA ? Capilat Improvement: Other Advertised: a Operating: Engineering Data: 8105197 & 8114197 ? Attachments: Other; Paper: TAMPA TRIBUNE ORDINANCES NO. 6172-97 & 6173.97 Submitted by: ? Not Required Appropriation Code LOCATION MAP Affected Parties: .. ZONING MAP SITE PLAN ® Notified ? None City Manager ? Not Required (1) Z 97-08 & LUP 97-07 Page 2 EXISTING AND PROPOSED USE OF THE SUBJECT PROPERTY ASSESSED VALUE OF SUBJECT PROPERTY $.1 067,200.00.(combirzed.lots)' DISCUSSION: • This is a City initiated rezoning and land use plan amendment request which involves 31.4 acres of land that is owned by the City of Clearwater. The subject property is located on the north side of Drew Street approximately 1/8 of a mile west of McMullen Booth Road. The City wants to rezone the property in order to utilize it for recreational facilities and open space. • The-subject property is presently zoned Multiple-Family Residential 16 (RM- 16), and has a Land Use Plan Classification of Residential Medium. A recreational facility is neither a permitted nor a conditional use in the RM- 16 zoning district,.but it would be a permitted use in the Open Space and Recreation (OSIR) zoning district. • The northern portion of the property is wetlands consisting of 11.43 acres while the southern segment is an upland area.with 19.97 acres. It is proposed to rezone the southern upland area as Open Space & Recreation (OSIR); and Preservation (P) for the wetlands in the north. The Future Land Use Plan Classification of Residential Medium would be changed to Recreation/Open Space for the upland area, and Preservation for the wetland area to conform with the proposed zoning districts, and compatible with the Countywide Future Land Use Plan Classification on adjoining properties in the area. • The properties to the north, south and east have a mixture of uses with Future Land Use Plan Classifications of Recreation/Open Space, Preservation and Residential Medium; and they are zoned OS/R, P, and RM- 16 respectively. The proposed Future Land Use Plan and Zoning Atlas Amendments are being requested to permit the proposed recreational facilities in the area. • The proposed project will include the development ofa three-field softball complex including a rest room, storage facility, parking lot and other parking amenities adjacent to the Eddie C. Moore Complex to be known as "Eddie C. Moore Complex West." With the completion of these fields, the City will have eight (8) softball fields available for major tournaments and regular City-wide programs. • Also included in the project is a portion of the east-west recreational path system that is proposed to run from the Long Center on Belcher Road to Philippe Park in Safety Harbor. This path will be 10 feet wide and provide residents and visitors with the ability to traverse through several hundred acres of park land from the Long Center to Bayshore Blvd. and ultimately, Philippe Park to the north. The City presently has approximately 7112 miles of paths within the City limits and the path shown on the proposed plan will provide the final link for the completion of the east-west trail. • In addition to the trail aspect, there will be an opportunity for passive recreation within this park such as picnicking, nature walks, and birds watching. (2) Z 97-08 & LUP 97-07 Page 3 * The request to rezone this property to OS/R and P would be consistent with the surrounding land use patterns to the north, south and east of the adjoining properties in the area. Rezoning would give the City more flexibility to accommodate the proposed development. Moreover, environmentally sensitive portions of the site and open space area would be reserved through this rezoning and land use plan amendments. It WVG?uld allow a development project which will positively contribute to the development/redevelopment of the area and the City. • The total land area for the subject property is 31.4 acres, Because the property exceeds 25 acres in area, the City Commission will need to initially receive and refer the associated site plan and provide final approval of the plan. The development of the subject property is contingent upon approval of the land use plan and zoning atlas amendments by the City Commission, the Countywide Planning Authority and the Department of Community Affairs. * Pertinent information concerning the request is summarized in the tables below. EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES A?'D?:USE:.` "ZONING :ACTUAL USE: r r nz .. rt. ?? GA'TEGORY;:':' .:: -":PLAN -' n. :.COVNTX::. . . Subject City Residential Medium RM-16 Vacant property Property City Recreation/Open Space RPD-12 Multiple family residential (Brigadoon) & Residential Medium & MEP & Kapok Trailer Park South City Residential Medium & RPD-8 Multiple family residential (Condon Preservation Gardens East City Recreation/Open Space RIOS & P City owned park & wetland & Preservation West City Residential Medium RM-16 Vacant (Proposed apartments) * The Planning and Zoning Board held a public hearing on this application on August 19, 1997 after which they unanimously endorsed the proposed Land Use Plan Amendments to Recreation/Open Space for the upland area and Preservation for the wetland area, and Zoning Atlas Amendments to Open Space and Recreation (OS/R) and Preservation (P) to the City Commission. OTHER REQUIRED REVIEWS YES NO Pinellas Planning Council/Count ide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: RM- 16 = Multiple Family Residential "Sixteen" District (City); RPD =Residential Planned Development District (City); OS/R. = Open Space and Recreation District (City); P = Preservation District (City) & MPH = Mobile Home Park District (City). (3) Z 97-08 & LUP 97-07 Page 4 • The DRC recommends approval of the Final Site Plan subject to the following comments/conditions: A. TRAFFIC ENGINEERING: • Show Drew Street, with median opening and left turn lanes on site plan. • Revise Drew Street access to minimize number of driveways needed. • Show applicable Florida Statute number for handicapped parking spaces. • Show all pavement markings, signage and traffic control devices on the site plan • Adjust habdicap spaces to meet governmental standards with the correct handicap signs. • Direct lighting from parking lot luminaries and other sources downward and away from residential areas. B. ENGINEERING PLAN REVIEW: • Show ADA ramps for sidewalks on the site plan. • Have the final site plan signed and sealed by a Professional Engineer registered in the State of Florida, • Bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including ADA. • Visually screen the dumpster and provide gates with a minimum 12-foot clear opening to the front for access by Solid Waste vehicles. C. ZONING: • Add note to plan "All site lighting will be directed away from the adjoining residential properties." • Obtain the requisite building permits within one (1) year from the site plan certification date to prevent expiration of the site plan certification. • Obtain the requisite certificate(s) of occupancy within three (3) years of the site plan certification date to prevent expiration of the site plan certification. • Obtain review of and permits for signs and fencing/walls through separate review and permitting procedures. • Finalize Zoning Atlas and Land Use Plan Amendments requests prior to issuance of a building permit. D, ENVIRONMENTAL MANAGEMENT: + Acquire clearing and grubbing and tree removal permits or a no tree verification form from Environmental Management. • Provide drainage calculations • Furnish the SWFWMD permit to Clearwater Environmental Management. CC Z97-08 & LUP 97-07 i41 ORDINANCE NO. 6172-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF DREW STREET WEST OF McMULLEN BOOTH ROAD, CONSISTING OF M&B 44.01 IN SECTION 8-29S-16E, WHOSE POST OFFICE ADDRESS IS 2950 DREW STREET, FROM RESIDENTIAL. MEDIUM TO RECREATION/OPEN SPACE AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth In this ordinance Is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use_Catego_ry See Exhibit A attached. LUP97 07 From: Residential Medium To: Recreation/Open Space and Preservation Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a detennination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Govemment Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywido Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Mayor-Commissioner A oved as to f Leslie K. Dougall-S t, Asst. City Attorney Attest: Cynthia E. Goudeau, City Clerk Ordinance No, 6172.97 e LEGAL DESCRIPTION A tract of land lying within Section 8, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows; Commence at the South % comer of said Section 8; thence along the South line of the Southeast % of said Section 8, S 89°41'09" E, for 487.83 feet; thence leaving said line, N. 01 °25'54' E, for 1289.21 Feet to the Point of Beginning; thence continue N 01 °25'54" E, for 50,01 feet to the North line of the South % of the Southeast M of said Section 8, said line also being the South line of Brigadoon of Clearwater, as recorded in Plat Book 91, pages 35-37 of the public records of Pinellas County, Florida; thence along said line and its Easterly extension thereof, S 89°36'06" E, for 2233.68 feet to the West right-of-way line of Bayvlew Avenue (CR 61), as recorded in Official Record Book 5573, Page 342 of the public records of. Pinellas County, Florida; thence along said line, being 50 feet West of and parallel to the East line of the Southeast Y4 of said Section 8, S 00°12'59' W, for 667.84 feet; thence leaving said line, N 89°38'313" W, for 688.22 feet; thence S 00°52'06" W, for 618.37 feet to the North right-of-way line of Drew Street as recorded In Official Record Book 5573, Page 342 of the public records of Pinellas County, Florida; thence along said line, being 50 feet North of and parallel to the South line of the Southeast % of said Section 8, N 89°41'09" W, for 713.51 feet; thence leaving said line, N 00°52'06" E, for 757.44 feet to an easement line. described in Deed Book 1465, pages 95 and 97 of the public records of Pinellas County, Florida; thence along said easement line, N 24°10'54' E, for 524.90 feet; thence leaving said line, along a line being 50 feet South of and parallel to the North line of the South'/ of the Southeast 114 of said Section 8, N 89°36'06" W., for 1047.80 feet to the Point of Beginning. Exhibit A Ordinance No. 6172.97 I . ORDINANCE NO. 6173-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF DREW STREET WEST OF McMULLEN BOOTH ROAD, CONSISTING OF M&B 44.01 IN SECTION 8-29S-16E, 'WHOSE POST OFFICE ADDRESS IS 2950 DREW STREET, FROM MULTI-FAMILY RESIDENTIAL SIXTEEN" (RM-16) TO OPEN SPACE & RECREATION (OS-R) FOR THE SOUTHERN PORTION AND PRESERVATION (P) FOR THE WETLAND AREAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and Is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, Is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro e See Exhibits A and B attached. (Z97-08) Zoning District From: Multi-Family Residential 16 (RM-16) To: Open Space & Recreation (OSIR) for the southem portion Preservation (P) for the wetland areas Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. OrdlnRnco go. $173•27 ?? ??...?,Y Sr sh<. .?. g?Rt-?s?? ti: (Cw: 4 f?;;?;K?rLp ?• r ? ? ?=.` ? ,? , ! ? ?` ? ?' ? ?? v .. '?.t .: ;?q? :k.+?1?l'K*•7hx.sirt.riu+.,,..n:..:.«:.r-? us4.: ?'!:? ,. , • ....... . ... .. . ? s. PASSED ON FIRST READING PASSED ON SECOND AND FINAL. READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form: Attest: Leslie.IL Dougali-Sld Cynthia E. Goudeau Assistant City Attorney City Clerk s S orditw?w 1fo. i17'l•!7 LEGAL DESCRIPTION for the Open Space/Recreation Area (OSIR) A parcel of land being a portion of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the South % comer of said Section 8; thence along the South tine of the Southeast % of said Section 8, thence S 89°41'09" E for 487.83 feet; thence N 01°25'54" E for 1289.21 feet, to the Point of Beginning; thence continue N 01 °25'54" E for 50.01 feet to a point on the North line of the South '/ of the Southeast % of said Section 8, said line also being the South line of Brigadoon of Clearwater, as recorded In Plat Book 91, Pages 35-37 of the Public Records of Pinellas County, Florida; thence along said line and its Easterly extension thereof, S 89°36'06" E for 1140.42 feet; thence S 28°16'29" E for 63.72 feet; thence S 18°54'05" E for 89.85 feet; thence S 26°10'34" E for 72.07 feet; thence S 39°36'05" E for 74.34 feet; thence S 29°15'47" E for 53.77 feet.; thence S 50°24'97' W for 109.89 feet; thence S 54°12'23" W for 103.26 feet; thence S 35°16'30" W for 42.37 feet; thence S 21°12'45" W for 114.71 feet; thence S 32°00'45" E for 53.38 feet; thence S 83°01'46" E for 106.15 feet; thence S 84°32'36" E for 105.20 feel; thence N 47°37'03" E for 87.41 feet; thence N.40°02'46" E for 49.12 feet; thence S 22°36'13" E for 24.37 feet; thence S 02°48'51" E for 23.48 feet; thence N 43°06'13" E for 17.07 feet; thence N 70°15'38" E for 34.08 feet; thence N 01°4945" W for 34.04 feet; thence N 75°30'1.5" E for 33.23 feet; thence N 67°52'14" E for 54.59 feet; thence N 56°5242" E for 70.10 feet; thence S 84°29'50' E for 87.14 feet; thence N 62°06'39" E for 46.99 feet; thence n 78°11'33" E for 72.80 feet; thence N 62°43'17" E for 65.58 feet; thence N 74°08'59" E for 78.92 feet; thence N 28°03'10" E for 64.91 feet; thence N 65°40'03" E for 57.32 feet; thence S 46°5928" E for 30.60 feet; thence S 26°27'51' E.for 78.60 feet; thence N 60°18'47' E for 52.83 feet; thence N 44°1820" E for 37.04 feet; thence N 45022'111 E for 28.32 feet; thence N 84°19'07' E for 36.90 feet; thence S 82°10'23" E for 22.72 feet to a point on the West right-of-way line of Bayview Avenue (C.R. 61) as recorded in Official Records Book 5573, page 342 of the public records of Pinellas County, Florida; thence along said line S 00°12'59" W for 258.92.feet; thence N 42°03'10' W for 41.45 feet; thence N 86°35'41" W for 24.89 feet; thence S 02°34'30' E for 80.91 feet; thence S 01°5747" W for 53.36 feet; thence N 89°38'38' W for 637.80 feet; thence S 00°52'06" W for 618.37 feet to a point on the North right-of-way line of Drew Street as recorded in Official Records Book 5573, page 342 of the public records of Pinellas County, Florida; thence along said North right-of-way line N 89°41'09" W for 713.51 feet; thence N 00"52'060 E for 757.44 feet to a point on an easement line described' i6 Deed Book 1465, pages 95 and 97 of the public records of Pinellas County, Florida; thence along said easement line N 24°10'54' E for 524.90 feet; thence leaving said line, along a line being 50 feet South of and parallel to the North line of the South '/2 of the Southeast % of said Section 8, N 89°36'06" W for 1047.80 feet to the Point of Beginning. EXHIBIT A Document N0,8173.97 LEGAL DESCRIPTION for the Preservation Area (P) PART 1 A parcel of land tieing a portion of Section: 8, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the South % comer of said Section 8; thence along the South line of the Southeast % of said Section 8, S 89°41'09" E for 487.83 feet; thence N 01 °25'54" E for 1339.22 feet to a point on the North line of the'South 1/ of the Southeast 7/. of said Section 8, said line also being the South line of Bdgadoon of Clearwater, as recorded in Plat Book 91, Pages 35-37 of the public records of Pinellas County, Florida; thence along said line and its Easterly extension thereof, S 89°36'06" E for 1140.42 feet, to the Point of Beginning; thence continuing along said line S 89°36'06" E for 1093.26 feet to the West right-of-way line of Bayvlew Avenue (C.R. 61) as recorded in Official Records Book 5573, Page 342 of the public records of Pinellas County, Florida; thence along said line S 00°12'59" W for 306.71 feet to a point being described as Point 'A'; thence N 82°10'23 W for 22.72 feet; thence S 84°19'07" W for 36.90 feet; thence S 45°22'11" W for 28.32 feet; thence S 44°18'20" W for 37.04 feet; thence S 60°18'47" W for 52.83 feet; thence N 26°27'51' W for 78.60 feet; thence N 46°59'28" W for 30.60 feet; thence S 65°40'03" W for 57.32 feet; thence S 28°03'10' W for 84.91 feet; thence S 74°08'59" W for 76.92 feet; thence S 62°43'77" W for 65.58 feet; thence S 78°11'33" W for 72.80 feet; thence S 62°06'39" W for 46.99 feet; thence N 84°2950" W for 87.14 feet; thence S 56°5242" W for 70.10 feet; thence S 67°52'14" W for 54.59 feet; thence S 75°30'15" W for 33.23 feet; thence S 01 °49'45" E for 34.04 feet; thence S 70°15'38" W for 34.OB feet; thence S 43°06'13' W for 17.07 feet; thence N 02°48'51' W for 23.48 feet; thence N 22°36'13' W for 24.37 feet; thence S 40°02'46" W for 49.12 feet; thence S 47°37'03" W for 87.41 feet; thence N 84°32'36" W for 105.20 feet; thence N 83°0'1'46" W for 106.15 feet; thence N 32°0045" W for 53.38 feet; thence N 21 °12'45" E for 114.71 feet; thence N 35°16'30' E for 42.37 feet; thence N 54°12'23" E for 103.26 feet; thence N 50°24'17' E for 109.89 feet; thence N 29°15'47" W for 53.77 feet; thence N 39°36'05" W for 74.34 feet; thence N 26°10'34" W for 72.07 feet; thence N 18°54'05" W for 89.85 feet; thence N 28°16'29" W for 63.72 feet to the Point of Beginning. Containing 11.24 acres, more or less. TOGETHER WITH PART 2: A parcel of land being a portion of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the point described hereinabove as Point W, said point being on the West right-of- way line of Bayvfew Avenue (C.R. 61) as recorded in Official Records Book 5573, Page 342 of the public records of Pinellas County, Florida; thence along said West right-of-way line S 00°12'59" W for 258.92 feet, to the Point of Beginning; thence continuing along said West right-of-way line S 00°12'59" W for 102.21 feet; thence N 89°38'38" W for 50.42 feet; thence N 01°5747" E for 53.36 feet; thence N 02°34'30'W for 80.91 feet; thence S 86°35'41" E for 24.89 feet; thence S 42°03'10' E for 41.45 feet to the Point of Beginning. , Containing 6268 square feet, more or less. EXHIBIT B OrdtnanCa No. 1173-97 i?r?.. I- ..,.... s ,..... ?. _ .. - ... ., .....- + k. I . Pula It • ®f i #lt3 #1 iii !? go 4h. Iff ®®®?Maa Y??? # # Q i # ! Q # # i # # # Q ?? • • l+ • s 1rnRl • wwwrs?rr? si?•. ? .. • .,,v fall. C.:`: • 1 6 W'? SCINOVIM ....' •B t ' EDdE G NdORL ' 4]dDITHIY ' ° :' ,•? RECREAT 0H COMPLEX .,.I ScibiL, % OS/R -f • - s . • •.. aft , ¦.rw ..ti . •r • wr ? f NfJ fwm .rfi A it ip .. • w Pal CD IM IM coo (D Im Q Q C? ELE EEEQI all „ E3 o o o p all 1111111, 11 1 "SAW MCA w s+• QQ#?QQQQ Q w m gM ru QARK Q eR ? oil?• Q r,? 0 B 0© I • , • t•/ ty IM M ® © a l l I PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: City of Clearwater Z-97-08 LUP-97-07 ADDRESS: 2950 Drew Street PROPERTY DESCRIPTION: Sec. 8-29.16. MdtB 44.01 JAM USE PLAN ZONIN FROM: Residential Medium RM 16 PROPERTY SIZE (ACRES):-31.4 Acres TO: Rocreation/Open OSJR and P Space RIGHT OF WAY: None ACRES ATLAS PAGE: 282B SEC: 08 TWP 29 S RGE: 16 E itx? A1VU:?ON#N?":.BOA?tD:.Au :19••'t?7:i?Y,'•. ..;,5y?ri.:1''':.::•:1+itTY1: hm3lsslioNrrst ?`i??.?•??777?..?i.C:r:?,._`'_.:Ordinance 6173-97 !Noy HS - 3Nfl s r r off x st i ?i i 3 1 ? `I I / ^ I WEI gill 14 > as 121 ? a a ? i I 1 1 ?I ?i I I I I 111 ll ti r y r O Q F it •i?ii,;<r,''';tt'? r?'ry;'{f?F?r?:".?4??><`;?'• a ra'?.t'?•.?f,: :.rp? e, p,tis ' 4, •,.4:?•i? F? ?:?.'???i"y"»r q?t'?r r,`.??.{??: ?.:'+!!'?,1 w?c.A; ?{?r4'??l?y,?r Ytv. y. ?.. ??,s...s.r?.: r",?: • 11 a Clearwater City Commission item a: A 97-89 ?. Agenda Cover Memorandum 9/034/91 Meeting Date: . . SUBJECT: • Petition for Annexation and Zoning Atlas Amendment for 2096 Gentry Street ; Owners: Gregory R. & Peggy A. Zukowski ( A97-09) RECOMMENDATIONNOTION: • Approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industrial (IL) for Pinellas Groves NE t/4, part of Lots 5 and 12 and pass Ordinances No. 6177-97 and 6178-97 on first reading. ?_ and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ANNEXATION AND ZONING ATLAS AMENDMENT :PROP:.OSED:ZONING DISRTRICT. : L mited Industrial .....:....:.:...::.:.:.........: . PROPOSED FUTURE LAND USE PLAN Same as current classification (Industrial CLASSIFICATION Limited EXISTING AND PROPOSED USE OF THE SUBJECT PROPERTY EXISTING USE Salvage and ame'as'ewstin ?,use' sa va e:.. ar Reviewed by: originating Department: Costs: Commission Action: Legal NIA Budget NIA CENTRAL PERMITTING s Total ? Approved ? Approved w/Conditions Purchasing NIA / User Department: ? Denied Risk Mgmt. NIA Currant Fiscal Year ? Continued to: is NIA Funding Source: ACM NIA ? Capital fmprovorrNUt: Other Advertised: ? op*rating: Engineering Date: 819197 ? Attachments: other: Paper: TAMPA TRIBUNE ORDINANCES NO. 6177.97 & 6178.97 Submitted b ? Not Required Appropriation Coda LOCATION MAP Affected Parties: Notified ? None City Menag r ? Not Required (1) Page 2 REASON FOR REQUEST • Sewer service ASSESSED VALUE OF SUBJECT PROPERTY $ 52,000.00 DISCUSSION: • The subject property is located on the northeast corner of Gentry street and Sunshine Drive. The applicants are currently involved in the clean-up process of the subject site following a court order by the Florida Department of Environmental Protection (FDEP). They want to annex in order to obtain City assistance with planned soil and groundwater remediation activities at the subject site. The subject property is contiguous to city limits. The property is currently used as a salvage yard. • The Engineering Department is willing to consider the applicants' request to discharge their pre-treated groundwater to the City sanitary sewer system. The city standard policy has been not to allow any discharge of pretreated groundwater into the City sanitary sewer. However, the department is willing to make an exception and to conditionally approve the applicants' request to help them to comply with a legal mandate. • The following conditions as established by the Engineering Department are to be met by the applicants prior to the final approval by the City Engineer to discharge: 1. Sanitary sewer discharge must meet the pretreatment quality imposed by the City, even to the extent that the quality may be required to exceed present pretreatment standards of the City; 2. Prior to discharge, the sanitary quality must be tested and demonstrated to be in compliance with said pretreatment quality at an interval determined by the City; 3. The applicants must agree to pay the City all standard connection and sewage related discharge fees; 4. The applicants must agree to limit discharge volumes to those which may be imposed upon the applicants by either the Wastewater Plant Superintendent or the City Engineer, in conformance with standard operating plant criteria; and 5. Proof must be provided to the City that the applicants are indeed the controlling party for this real property and can commit to such an agreement. The applicants have agreed to comply with these conditions. The Engineering Department recommends annexing the abutting right-of-way along Sunshine Drive with this request. • Pertinent information concerning the request is summarized in the tables on page 3. (2) fil"&b...Agyu L?-W41 14 .. 1, -Y... .''>?r4?•>AH. ... - ....`..-Ywy......,.........a ..r-.._......-__._ ... ......_ W_.... v?YY.. e A 97-09 Page 3 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES 1 OCA'f10M = rXN: CITX`< ' >F.UTUItF-LAND USE' -ZONING':. ACTUAL USE i `COUNTY`.': Subject County Industrial Limited M-I Salvage yard Property Coun# Industrial Limited M-1 Light manufacturing South Count Industrial Limited M-1 Light manufacturing East city Industrial Limited IL Limited industrial West Count Industrial Limited M-1 Light manufacturing + The Planing and Zoning Board held a public hearing on this application on August 19, 1997 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Limited Industrial (IL) to the City Commission. ZONING DISTRICT RESTRICTIONS DESCRIPTION EXISTING Density ..... Lot Area 20"000'.s ft:minimurri'"> :. 24,519.45 s q. ft. m o. 1. Lot Width at set back line 155 feet Depth :'XO:feet'=ziiiriimu 158.19 feet (average) OTHER REQUIRED REVIEWS .NO Pinellas Planning Council/Count ide Planning Authority X Florida Department ofcommunity Affairs X • ABBREVIATIONS: M-I = Light Manufacturing and Industry District (County) & IL= Limited Industrial District (City) CC A97-09 (3) ORDINANCE N0.6177-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NW CORNER OF THE INTERSECTION OF GENTRY STREET WITH SUNSHINE DRIVE, CONSISTING OF PART OF LOTS 5 AND 12, PINELLAS GROVES NE 114, WHOSE POST OFFICE ADDRESS IS 2096 GENTRY STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF SUNSHINE 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 lines of the City are redefined accordingly: See Exhibit B attached. (A97-09) 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 Cleric and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form- Leslie K. Dougal -Sid 's Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 4177.47 F' ORDINANCE NO. 61178-97 AN ORDINANCE OF THE- CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NW CORNER OF THE INTERSECTION OF GENTRY STREET WITH SUNSHINE DRIVE, CONSISTING OF PART OF LOTS 5 AND 12, PINELLAS GROVES NE %; WHOSE POST OFFICE ADDRESS IS 2095 GENTRY STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LIMITED INDUSTRIAL (IL); 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 See Exhibit A attached. (A97-09) Zonin District Limited Industrial (IL) 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, contingent upon and subject to the adoption of Ordinance No. 6717-97. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form: A/PVre Lesile K. Douga -Sid s Assistant City Attome Attest: Cynthia E. Goudeau City Clerk Document No. 5176.97 d CP 91 J I 1 1 ? I PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Zukowski, G. & P. A. A: 97.09 PROPERTY DESCRIPTION: Pinellas Groves NE1/4, part Lots 5&12 L8ND USE PLAN NfN COUNTY: Industrial Limited M-1 CITY: Industrial Limited IL ACRES: 0.37 RIGHT-of-WAY: ACRES: 0.14 ATLAS PAGE: 271B SEC: 12 TWP: 29 S RGE: 15 E :',s;s,H.s?.-., .f.riw t....fri .:n., . ::': :;??, a:.:.. S::""'i;. ti? y.:?••s?' v.r. ;'r.'.' .•.*t.. r?.,o.??? .:sz C1MIlIS51ON Ci ep19g7,?> rYS;. ' ?Nq:ADy D:?AR?9? 4, 'ry;C S 4 ; ?7 Yy EX11IBIT A Ordinance 6177-97 S? {? FA Nf ??".Zi Jdi i. .4:^ r/tl'/3':.w; r'JY 3:. i?? .Y.S a/?L.t `i ??y,i4?l: •. .. ? ?1,. :3 -'.. .. .. ?. ?.? .. .. LEGAL DESCRIPTION The East 155 feet of the following described parcel:, Begin at the NW comer of the NE1l4'of Section 12, Township 29 South, Range 15 East, and run thence S 89°21'56' E, along the Section Line 33.0 feet; thence S 0°17'00" W, 301.07 feet to the Southerly line of the S.A.L. Railroad; thence S 72°56'00" E, along the Southerly line of the S.A.L. Railroad 712.34 feet for P.O.B.; thence continue S 72°56'00" E, 655.72 feet; thence S 0°05'54" W 134.86 feet; thence N 89°43'00" W. 628.22 feet; thence N 0°17'00" -E, 324.19 feet to P.O.B., together with the abutting right of way of Sunshine Drive. 1 r - i f. EXHIBIT B :. Ordinance Ho.-5177.97 •?te;liJiF?i4kisi?iYl112J:$.+?1?,E?etiSfe"'v:7M eYS4i+""."'.-. .... .....: _....... ? ..._ ...?.. ..,............ ,.........?...?F.?n?.:?-. V ba e.bV 0 a f . 0% ri K I i ?OOQ T ?171dM1 ? . IN In W. ? 4 NI: P" i naw Ksanr -ar tT'mam ra ig4r ? 7?r rD?r? r R r c + t " it rra? ?? Fra?nw rard ii -?-ir 7va+?rin 7n+ ut ?aw mvi vol"m ?« ?+ 1w Tr tr?Orpt -Xr rncta? 0 it Q A r ?1t16u1 'If R ? ? ? ? ?R i?r Ic?rrM 11 YAW f M yi { 1' lop. s{? C it I •.r- - ` • ? .+r.al lad •rr.+^K?aoos it ??? ? ?iY? ww' W Z. `i/ !V lid r wwf ? r a 3 it xl= 5 lit' Y w 0 it ##?l!? ?d##??rr a S f ? 3 Jgj 1}i tlts?? c i:."l m .. Vim gig till •r.l'tiii 1w?4/ '7pr,Lt?or'?{ ' ????ltrJ?? ? ???? w?l?? ' .1•r..l•l..•l17.•1'Iti '1•iM1a 1. .•I.Ir....M ?... •.1l/w. .. .4? ...n??.awl.l?r.?+1.•.??.a•r.f4.`.,I.?nI'/!'1/.?'.... 1'-11?.?.a .1.. ?./'•f .?.., w'?''? P ' .i CLEARWATER CITY COMMISSION Item # WE Agenda Cover Memorandum Meeting Date 61- ?-9 r7 SUBJECT: Vacation Request 97-10 (Fitzgerald & Fisher) RECOMMENDATION/MOTION: Approve the applicants' request to vacate 0.5 feet of the 5 foot drainage & utility easement lying along the north side of the southerly platted lot line of Lot 104, Landmark Woods 2nd Addition and pass Ordinance Number 6181-97 on the first reading. Ei and that the appropriate officials be authorized to execute same. S Y: • The applicant is selling the property and is required by the title company to vacate this portion of the easement. • The City has no existing utilities located within the easement to be vacated. • Florida Power, General Telephone, GTE Americast, Time Warner and City Departments/Divisions concerned with easement vacation have no objections. Reviewed by: Originating Dept. Costs: NIA Commission Action Legal Engineering (Current FYI Approved Budget NIA User Dept. Funding Source: Approved w/conditions Purchasing NIA Capt. Imp. Denied Risk Mgmt. NIA Advertised: Operating Cont'd to IS _ N A_ Date: 8121 & 8128/97 Other ACM NIA Paper: _ Tampa Tribune ENG. Not required: OTHER NIA Affected parties Appropriation Code(s) Attachments: notified X Submitted By: NIA Ordinance No. 6181-97 City Manager Not Required VAC9710f MGERALD&r-15HI;R.AGN WHEREAS, Karen Fitzgerald and James Fisher, owners of real property located in the City of Clearwater, has requested that the City vacate the utility easement described in Exhibit A attached hereto; and AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH 0.5 OF THE 5.0 FOOT DRAINAGE & UTILITY EASEMENT LYING ALONG THE NORTH SIDE OF THE SOUTHERLY PLATTED LOT LINE OF LOT 104, LANDMARK WOODS 2ND ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. The north 0.5 feet of the 5.0 foot drainage & utility easement lying along the north side of the southerly platted lot line of Lot 104, Landmark Woods V Addition, as recorded in Plat Book 77, Page 29 of the public records of Pinellas County, Florida (97-10) Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption, Section 1. The following: 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: John Carasses, Asst. City Attomey Attest: Cynthia E. Goudeau, City Clerk ordlnnnce No. 6181-97 ORDINANCE NO. 6181-97 1 s NORTH NOT O SCALE 1, . .. (D z W W L. C;d a) -to ? . C: 0 o 0 ow -1-j 4-j X -? W ZD Lot 104 of a" dmark- oods 2nd A ?i 'on .B. 77, ...age 29 Plotted Parcel Line Ownership Line--, 0.5' OF EA SEMEN T VA CA TION REQUESTED BY APPLICANT S-T-R: 20-28S-16E THIS IS NOT A SURVEY FITZGERALD & FISHER VAC97-10.dwg Drawn by. PWO Date: 7/15/97 Exhibit "A" Ordinance 6181-97 ., CLEARWATERCITY COMMISSION Itctn # Agenda Cover Memorandum Meeting Date 49 r7 SUBJECT: Vacation Request 97-12 (Burke) RECOMMENDATION/MOTION: Approve the applicant's request to vacate a portion of the 10 foot utility easement lying along the east side of Lot 113, Del Oro Groves 1s' Addition and pass Ordinance Number 6182-97 on the first reading. ? and that the appropriate officials be authorized to execute same. S Y: The existing swimming pool, decking and screen enclosure encroach into the easement. • The City has no existing utilities located within the easement to be vacated. * Florida Power, General Telephone, GTE Americast, Time Warner and City Departments/Divisions concerned with easement vacation and have no objection to vacating only that portion of the easement being encroached by the existing pool, deck and screen enclosure. U r Reviewed by; Originating Dept. Costs: NIA Commission Action Legal xe.A -k Engineering ` (-J? (Current FY) Approved User Dept. Funding Source: Approved Budget NIA w/conditions Capt. Imp. Purchasing ___NIA Denied Advertised: Operating Risk Mgmt. N/A Cont'd to Date: 8121 & 8128/97 Other Is NIA Paper: Tampa Tribune ACM NIA Not required: ENG. O'T'HER NIA Affected parties Appropriation Codels) Attachments: notified X Submitted By: NIA Ordinance No. 8182-97 City Manager Not Required VAC9712BURKE.AGN ORDINANCE NO. 6182-97 I AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THE 10.00 FOOT UTILITY EASEMENT LYING ALONG THE EAST SIDE OF LOT 113, DEL ORO GROVES 1sTADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Kevin L. Burke, owner. of real property located in the City of Clearwater, has requested that the City vacate the utility easement more particularly described in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of the 10.0 utility easement lying along the east side of Lot 113, Del Oro Groves 1 a Addition, as recorded in Plat Book 69, Pages 56 and 57 of the public records of Pinellas County, Florida (97-12) is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: (2Lf /,John Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk oMlnance No. 6182.97 I ? P40RTH Exhibit 'A' LEGAL DESCRIPTION OF PORTION OF EASEMENT TO BE VACATED: BEGIN AT THE NE CORNER OF LOT 113, DEL ORO GROVES FIRST ADDITION ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGES 56 AND 57 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE S 89'43'52" W ALONG THE NORTH LINE OF SAID LOT 113, 10.00 FEET; THENCE S 0'35'26' W ALONG A LINE 10 FEET WEST OF AND PARALLEL TO THE EASTERLY LINE OF SAID LOT 113, 42.98 FEET TO THE POINT OF BEGINNING; THENCE S 81'46'43' E, 6.58 FEET; THENCE S 8'13'17' W TO A POINT LYING ON A LINE 10 FEET WEST OF AND PARALLEL TO SAID EASTERLY LINE OF SAID LOT 113; THENCE N 0'3526' E ALONG SAID LINE, 49.57 FEET TO THE POINT OF BEGINNING. ? ?NI} E P NE Corner d N -+--C Lot 113 PCB 1-3 E Del Oro Groves d First Addition ?, P. B. 69, J' Pages 56 and 57 0 W X W Vacation Requested b A lican t Line Table: Number Bearing Distance L1 S 89'43'52" W 10.00' S-T-R: 09-29S-16E L2 S 0'3526" W 42.98' THIS IS NOT A SURVEY L3 S 81'46`43" E 6.58' BURKE L4 S 8`13'17` W 49.13' vac97W--12.dwg L5 N 0'35'26" E 49.57' Drawn by. PWD Date: 8/12/97 Ordinance 6182--97 ?1d:L"e.?,r.Yk7NL43A.:: 'irt h:rsa.'.ra'•?••,:+,•. •• . i' MELLAGE ORDINANCE 3 ORDINANCE NO. 6185-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998, FOR OPERATION PURPOSES INCLUDING PENSIONS AND DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1158 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1158 MILLS CONSTITUTES A 2.23 %. INCREASE OVER THE ROLLED BACK RATE OF 5.0044 MILLS. WHEREAS, the estimated revenues to be received by the City for the fiscal year beginning October 1, 1997, and ending September 30, 1998, from ad valorem taxes is $21,855,160; and WHEREAS, based upon the taxable value provided by . the Pinellas County Property Appraiser, 5.1158 mills are necessary to generate $21,855,160; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1158 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 1997. Section 2. The levy of 5.1158 mills constitutes a 2.23% increase from the rolled back rate. Section 3. This ordinance shall take effect October 1, 1997. I PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING Attest: Cynthia E. Goudeau, City Clerk Rita Garvey, Mayor-Commissioner Approved as to form and correctness: Pamela K. Akin, City Attorney OPERATING BUDGET ORDINANCE ORDINANCE NO. 6186-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE -PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 1997, and ending September 30, 1998; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Commission has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in City Hall on September 4, 1997, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 1997, and ending September 30, 1998, a copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the e adoption of this budget. Section - 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Commission that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section'7. This ordinance shall take effect October 1, 1997. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AS AMENDED Attest: Rita Garvey, Mayor-Commissioner Approved as to form and correctness: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Ordinance #6185-97 F-1 r EXHIBIT A 1997-98 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 1995196 1996197 1997198 GENERAL FUND: Property Taxes 19,482,181 19,824,890 20,366,810 Sales Tax Revenue 4,302,831 4,532,590 4,913,920 Franchise Fees 7,082,847 7,451,180 7,750,730 Utility Taxes 13,351,614 13,982,880 14,739,970 Licenses & Permits 2,435,798 2,432,000 2,588,100 Fines, Forfeitures and Penalties 1,210,792 1,434,000 1,312,700 Intergovernmental Revenues 7,260,232 7,367,700 7,837,760 Charges for Current Services 1,066,848 1,510,240 1,527,940 Use and Sale of City Property and Money 1,245,583 1,811,800 1,456,700 Miscellaneous Revenues 121,330 106,680 140,320 Interfund Charges/Transfers 8,945,035 9,778,230 9,969,360 Transfer from Surplus 0 500,000 427,210 TOTAL GENERAL FUND 66,606,091 70,732,190 73,031,520 SPECIAL REVENUE FUNDS: Special Development 10,736,487 8,482,680 11,279,630 Special Program Fund 3,022,649 1,158,000 1,540,000 ENTERPRISE FUNDS: Water & Sewer Fund 34,814,929 38,791,040 40,326,700 Stormwater Utility Fund 3,659,238 4,171,840 3,707,000 Solid Waste Fund 12,257,809 13,654,720 13,764,980 Gas Fund ' 25,082,268 19,975,550 22,546,220 Recycling Fund 1,795,470 2,380,260 2,200,900 Marine Fund 1,930,409 1,954,500 2,045,900 Parking Fund 2,519,727 2,582,060 2,978,030 Pier 60 Fund 271,406 0 0 Harborview Center Fund 481,958 1,863,440 1,779,000 INTERNAL SERVICE FUNDS: Administrative Services 5,155,890 6,036,330 6,123,200 General Services 2,350,755 2,340,340 2,397,410 Garage Fund 8,909,991 7,940,960 7,969,120 Central Insurance Fund 10,029,650 8,792,980 10,154,010 TOTAL ALL FUNDS 189,523,727 190,856,090 201,843,620 Ordinance #6186-97 ,t EXHIBIT A (Continued) 1997-98 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 1995196 1996197 1997198 GENERAL FUND: City Commission 193,226 201,880 205,380 Administration 2,434,938 2,567,940 3,249,660 Legal 960,063 1,075,650 1,117, 920 City Clerk 623,225 675,720 777,770 Info MgmVPublic Information Office 520,468 626,920 693,960 Finance Department 1,275,843 1,340,090 1,450,390 Human Resources 715,101 723,330 774,710 Police 21,415,885 23,769,360 23,980,120 Fire 10,027,149 10,779,070 11,217,920 Clearwater Housing & Urban Development 402,408 449,770 467,130 Central Permitting 1,885,604 1,864,760 2,088,460 Engineering Department 4,714,986 5,051,230 4,932,180 Public Services 1,610,308 1,665,660 1,707,710 Parks and Recreation 9,760,786 10,380,010 10,852,510 Library 3,911,994 4,187,130 4,289,950 Sailing Center 119,882 124,480 127,420 Pier 60 nla 269,780 261,170 Non-Departmental 7,467,685 4,579,410 4,837,160 TOTAL GENERAL FUND 68,039,551 70,732,190 73,031,520 SPECIAL REVENUE FUNDS: Special Development 13,589,344 8,048,590 7,810,750 Special Program Fund 8,873,148 1,058,000 1,440,000 ENTERPRISE FUNDS: Water & Sewer Fund 34,859,193 38,791,040 40,326,700 Stormwater Utility Fund 3,909,406 4,049,720 3,707,000 Solid Waste Fund 11,562,854 13,654,720 13,764,980 Gas Fund 15,329,524 19,111,460 21,246,700 Recycling Fund 1,248,112 2,380,260 2,114,330 Marine Fund 1,918,742 1,935,910 1,997,980 Parking Fund 2,422,057 2,582,060 2,978,030 Pier 60 Fund 348,779 0 0 Harborview Center Fund 1,143,851 1,863,440 1,779,000 INTERNAL SERVICE FUNDS: Administrative Services 4,951,360 5,990,910 6,083,310 General Services 2,037,273 2,291,930 2,379,210 Garage Fund 6,655,897 7,910,180 7,621,480 Central Insurance Fund 11,695,859 8,113,650 9,320,100 TOTAL ALL FUNDS 188,584,950 188,514,060 195,601,090 Ordinance #6186-97 CAPITAL IMPROVEMENT ORDINANCE Is ORDINANCE NO. 6187-97 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJFCTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 1997, and ending September 30, 1998; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Commission; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Commission has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Commission conducted a public hearing in the City Hall upon said proposed budget on September 4, 1997; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 1997, and ending September 30, 1998, a copy of which is on file with the City Clerk, the City Commission hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. r Se n 2. The Six-Year Capital Improvement Program and budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Commission shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section-3. The budget as adopted shall stand and be the Capital Improvement Program budget of the City for said fiscal year, subject to the authority of the City Commission to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption, of this budget. S ction The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect. the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. e n . This ordinance shall take effect October 1, 1997. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING Rita Garvey, Mayor-Commissioner Attest: Approved as to form and correctness: Cynthia E. Goudeau, City Clerk Pamela K. Akin, City Attorney Ordinance #6187-97 Yiki ?k.'iAiwaeu"r.w.. - ..... ...-... ?. :-... +r..... ...-Y•r+...v........ .. .. .. e_.. r uMi,46dJ'?tX?',?a'? v a.;.;?1?.i-:. i.+.k?•?:f?.:?ti,i '<b'f"df `'if: 5:4'l_??:f...;'E't ?: i. .•l` q;'. ..?1.+n:... .. ,_ ... ...: ., r .. ?. .. ? ' EXHIBIT A - .' CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1997198 Original Budgot 1.997198 FUNCTIONS: Police Protection 325,000 Fire Protection 153,750 Major Street Maintenance 1,950,630 Sidewalks & Bike Trails 310,000 . Intersections 285,000 Parking 960,000 Miscellaneous Engineering 1,000,000 Land Acquisition 350,000 Park Development 1,481,540 Marine Facilities 291,000 Libraries 708,520 Garage 2,269,550 Maintenance of Buildings 567,330 Miscellaneous . 605,650 Stormwater Utility ' 613,090 Water System 4,505,000 Sewer System 3,075,400 Gas System 9,791,480 Solid Waste 625,000 Recycling 331,600 TOTAL. 30,419,640 Y Exhibit A RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1997198 Original Budget 1997198 GENERAL SOURCES: General Operating Revenue 1,159,750 General Revenue - County Coop 218,520 Special Development 50,000 Road Millage 1,638,350 Open Space Impact Fees 200,000 Recreation Land Impact Fees 150,000 Transportation Impact Fees 90,000 Infrastructure Tax 3,419,190 Development Impact Fees 25,000 Local Option Gas Tax 257,280 Grant - Airpark 100,000 SELF SUPPORTING FUNDS: Marine Revenue 146,000 Parking Revenue 460,000 Utility System: Water & Sewer Revenue 5,963,400 Water Impact Fees 25,000 Water R & R 550,000 Sewer R & R 800,000 Gas Revenue 1,002,080 Solid Waste Revenue 625,000 Stormwater Utility Revenue 713,090 Recycling Revenue 331,600 Grant- Reclaimed Water 190,000 INTERNAL SERVICE FUNDS Garage Fund 164,400 Administrative Services Fund 90,000 BORROWING - GENERAL SOURCES Lease Purchase 130,000 BORROWING - SELF SUPPORTING FUNDS Parking Fund Borrowing 500,000 BORROWING - UTILITY SYSTEM Lease Purchase 80,000 19948 Gas Bond Issues 8,789,400 BORROWING - INTERNAL SERVICE FUNDS Garage Lease Purchase 2,551,480 TOTAL ALL FUNDING SOURCES: 30,419,540 Ordinance #6187-97 ° O Z W r Zw 02 0 0 Z ? 0. 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']?': i4 ... ? _ 3i`K?.,/) '?3{"'?,',?i e•i'r ??!=w?',yr 'FJ.',jr3t}.?!p<,`lV:?: 1`: ?::M`' • ay ?.#*nfSi?'sY?`F?i Kj s l,i?, ''? 7. -?,: , „ .. y_ ,,s ., b ?1?,? j n ?. l; is .? r.'•(-z' .> ?V. I' Item #,.1. 6 tz`' ?'y?,'?:ai€?C?t,'':'{.,?.:???':,.':.f'-_'.?1tv?i?.?1'i:'4??c??,G?3,'l•t;\`"? n -- """n•s'^`s?w`.w=rrS:S;A;yy,:cr ??•,' Clearwater City Commission Item #: AA Agenda Cover Memorandum Meeting Date: SUBJECT: Public Hearing on Penny for Pinellas Tax RECOMMENDATION/MOTION: Approve the transfer of $1,000,000 of Penny for Pinellas tax from the Landmark Drive extension project to the Memorial Causeway Bridge project. no and that the appropriate officials be authorized to execute same. BACKGROUND: On March 5, 1997, the City Commission adopted Ordinance No. 6137-97. This ordinance established the requirement for a special public hearing regarding any funding change M a Penny for Pinellas project totaling $500,000 or more. The City Manager's Recommended 1997198 Capital Improvement Budget includes the transfer of $1,000,000 of Penny for Pinellas (infrastructure) taxes from the Landmark Drive extension project, where the funds are no longer needed, to the Memorial Causeway Bridge Replacement project (315-92820). These funds are necessary in the Memorial Causeway project to provide funding for design of the bridge. Reviewed by: ' Originating Department: Costs: Commission Action: Legal NIA OMB NIA 0 Approved Budget ? Total ? Approved w/Conditions Purchasing IA User Departm t•. ? Denied Risk Mgmt. NIA NIA Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? Capital Improvement, Other NIA Advertised: ? Operating: Date: ? other. Attachments: Paper: Submitted by. ? Not Required Appropriation Code Affected Parties: NIA ? Notified ? None City Manager x Not Required Printed on recycled paper r ORDINANCE NO. 6176-97 1'7 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO THE SALE OF ICE CREAM FROM TRUCKS IN RESIDENTIAL AREAS; AMENDING CITY CODE OF ORDINANCES, CHAPTER 28, STREETS, SIDEWALKS, OTHER PUBLIC PLACES; AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, OCCUPATIONAL LICENSE FEES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TIC CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ecti n 1. Section 28.04 and Appendix A, Code of Ordinances, are amended to read: Sec. 28.04. Trading and seising on streets. (1) Except fpr thgsale_of ice cream from ice cream trucks on streets in residential areas, which have been issued a city Qccupahgnal license _for such use, and uUnless authorized by article III of chapter 22 which pertains to special events, it shall be unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or public property, sidewalk or park within the city. APPENDIX A, SCHEDULE OF FEES, RATES AND CHANGES, XXVIII. OCCUPATION LICENSE FEES, Code of Ordinances, is amended to read: APPENDIX A SCHEDULE OF FEES, RATES AND CHANGES X'XVIM OCCUPATIONAL LICENSE FEES, Category No. Category Fee 070.000 Merchant or merchandising: (see note B for sales of used merchandise) 070.110 Merchant, ice cream truck (See notes B and D) ................................... 50.00 Ordinance No. §176.97 ,`.. ,i?: ".5 'r S'i r;??'?`:i1.'?!r" ('?',?r,.r ?SYye r?el?t°. .?s• c .•ts+. •'ry. .!' P.i?r ?:°i?. ., r?l'?. i i°?. .,?:s..'44r. .a s,ra r .. ... .. ,. .. .,.. , / t 070.110 Merchant, ice cream truck (See notes B and D) ..... . ........................ . .... 50.00 Section 2 This ordinance shall take effect upon adoption. PASSED ON FIRST READING August 21, 1997 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey, Maya r-Commissioner Approved as to form: . Attest: Leslie Dougall-Si a Cynthia E. Goudeau, City Clerk Assistant City A rney , Ordinance No. 6176-97 P Lk- R To: From: Mayor and City Commissioners George E. McKibben, Purchasing Manager Copies: Michael J. Roberto, City Manager Cynthia E. Goudeau, City Clerk Ct. q, 9 7 Subject: Purchases to be approved at the September 4, 1997, City Commission Meeting Date: August 25, 1997 The following items are purchases included in the approved 1996197 budget or are included in the Manager's recommended 1997198 budget. All recommended vendors are the lowest most responsive bidders in accordance with the specifications unless a specific exception is noted. 1. Extend the contract with USA Waste Services, Inc., Houston, Texas, for disposal of mixed loads of refuse, yard waste and construction materials, for the contract period September 5, 1997 through September 30, 1998, in the estimated amount of $215,000.00. USA Waste Services, Inc. was formerly Sanifill of Florida, Inc., d.b.a. Frontier Recycling. This is the first of two extensions authorized in the terms of the 1996 bid. Service received has been satisfactory during the previous contract period. Appropriation codes: 424-02082-543500-534-000 ($134,000.00, estimated) and 424-02083-543500-534-000 ($81,000.00, estimated). (Solid Waste). 2. Award a contract to J & J Baker Enterprises, Inc., Punta Gorda, Florida, for sludge hauling services during the contract period September 5, 1997 through September 4, 2002, at an estimated cost of $1,159,315.00 (Annual estimate: $231,863.00). Appropriation code: 421- 01351-530300-535-000. (Engineering) 3. Extend the contract with Unisys Corporation, Tampa, Florida, for Unisys A-4 Software Licenses required to operate the Unisys A-4 mainframe computer at an estimated amount of $35,300.00 for the contract period October 1, 1997 through September 30, 1998. under Section 2.564 (1)(b), Code of Ordinances - Sole Source. Appropriation code: 555-09862-546200-519- 000: (Information Management) 4. Extend the contract with Solarex Technologies of Lakeland, Florida, for Unisys A-4 mainframe maintenance at an estimated cost of $18,742.00 for the contract period October 1, 1997 through September 30, 1998. This is the first extension of the contract as authorized under the terms of the 1996 bid. Service received during the previous contract period was considered satisfactory. Appropriation code: 555-09862546200-519-000. (Information Management) 5. Extend the contract with Oracle Corporation, Redwood Shores, California, for software support of four Oracle database licenses at an estimated cost of $39,138.41 for the contract period October 1, 1997 through September 30, 1998, under Section 2,564 (1)(b), Code of Ordinances - Solc Source, Appropriation code: 555-096862-546200-519-000. (Information Management) CP97? 0;7 6-45, 4RX4 7SR INTEROFFICE MEMO 1. 1?? 6. Award a contract to Dell Computer Corporation, Austin, Texas, for the purchase of 25 desktop computers (Fire [12], Gas [12], and Solid Waste [1] at a cost of $73,005, under Sec. 2.564(1)(d), Code of Ordinance-Other Governmental Bid (Florida State Contract) to be purchased under the City's Master Lease Purchase agreement. Funds are available in the amount of $36,660 in capital project 315-91222, debt service code: 010-01240-591600-519-000, and in the amount of $36,345 in capital project 315-94749, debt service code: 555-09862-5713001572300-5XX-000. (Information Management) 7. Award a contract to BCD Computer Distributors, Inc., Tampa,, for the purchase of network equipment ($127,304.93) and software and other miscellaneous equipment ($64,528.28) at a total cost of $191,833.21 for the Enterprise network Phase II and Fire substation network projects. under Sec. 2.564 (1)(d), Code of Ordinances - Other Governmental Bid (Florida State Contract). The equipment will be purchased under the City's Master Lease Purchase agreement. Funds in the amount of $28,189.66 are available in capital project 315-91222, debt service code: 010-01240- 591600-519-000; and $99,114.97 in 315-94749, debt service code: 555-09862-5713001572300- 5XX-000.. Funding in the amount of $17,000 is available in capital project 315-91222 for the software purchases for fire. The balance of $7,858.66 will be provided by the transfer of savings in the Fire Department's operating budget to the capital improvement project at third quarter. The balance of $39,669.62 representing software and other items for the Enterprise network project will be provided by the transfer of unappropriated retained earnings of the Administrative Service Fund at third quarter. (Information Management) 8. Extend the contract with Rotonics Manufacturing, Bartow, Florida for the purchase of 90 gallon black refuse containers and associated spare parts in the estimated amount of $90,000.00, for the contract period of September 5, 1997 through January 1, 1998. This is the final extension of the contract under the terms of the original City of Saint Petersburg bid. Rotonics has provided satisfactory products and service during the previous contract periods. This product is utilized throughout the City by Solid Waste. Appropriation code: 315-96427-564000-534-000. (Solid Waste) 9. Extend the contract with Pennington, Moore, Wilkinson and Dunbar, P.A., Attorneys at Law, Tallahassee, Florida, for legislative consulting services in the Florida Legislator, at an estimated cost of $26,000.00 plus reasonable out of pocket expenses during the contract period October 1, 1997 through September 30, 1998. Pennington, Moore, Wilkinson and Dunbar have provided satisfactory lobbyist services during the previous contract period. This is the first renewal of the contract as authorized under Section 4 of the Legislative Consultant Services Agreement. Appropriation code: 010-09700-530100-513-000. (City Clerk) 10. Award a contract to AT&T Wireless Services, Tampa, Florida, in the estimated amount of $71,850.00 for cellular telephone services during the contract period of September 15, 1997 through September 30, 1998. Cellular telephone service is utilized throughout the City, state and nation by various departments. Appropriation code: Various departments XXX-XXXXX- 540300-XXX-000. (Information Management) TLv Tina i son, Budget Director • Clearwater City Commission Item #: - 19 '-?-Aa - Agenda Cover Memorandum Meeting Date: SUBJECT: INSTALLATION OF POLYETHYLENE GAS MAINS AND SERVICE LINES RECOMMENDATION/MOTION: Award a contract for installation of polyethylene gas mains and service lines for a contract period of September 5, 1997, through September 4, 1998, to Heuer Utility Contractors, Inc., Clearwater, Florida, at an estimated cost of $731,150, which was the lowest, most responsive and responsible bid submitted that met the specifications, © and that the appropriate officials be authorized to execute same. • In order to provide prompt installation of new gas mains and service lines to provide new customer connections without increasing staff, Clearwater Gas System (CGS) proposes to contract with Heuer Utility Contractors, Inc., for the installation of polyethylene gas mains and services at various locations throughout our service area. • Work will be performed under the direction of the Manager of Gas Operations, to meet new customer requests, at various locations in northern Pinellas County. + The contractor will supply all labor and equipment, sod, asphalt, concrete, and curb replacements. CGS will supply all gas related materials which are approved on other Commission agenda items as inventory purchases. • CGS utilizes another contractor, Mueller Distribution Contractors, Clearwater, Florida, to construct gas mains and service lines in western Pasco County. The contract includes an estimated $60,100 for installation of customer underground house piping. This portion will not be utilized until October 1, 1997, and will be funded from account 423-02068-531100-532-000, CGS Installation resale account. These items will be billed to the customer as part of their gas appliance installation. $60,000 is available in project 351-96370, Pinellas Phase 11 New Mains & Services. The balance of $611,050 will be provided by Third Quarter transfers of gas bond revenues of $200,000 from project 351-96320, Pasco Expansion New Mains & Services, 559,000 from project 351-96322, Pasco Land, Buildings & Equipment, $300,000 from 351-96371, Pinellas Phase Il Gas Line Relocation, and $52,050 from 351-96372, Pinellas Phase Il Gas System Improvements. The projects transferring funds to 351-96370 will not be adversely affected, since these capital purchases have been deferred to the next bond issue. THE CONTRACT IS AVAILABLE IN THE Chi i CLEM DEPAR'I7M-NT. now Reviewed try: originating Department: Costs: Commission Action: Legal Clearwater Gas System , $731,150.00 0 Approved Budget Taal ? Approved with Conditions Purchasi User Department: $20,000.00 p Denied Risk Mgmt. A Clearwater Gas System Cwent Fiscal Year ? Continued lo: is NIA Funding Source: ACM M Capital Imptovemenu other Advertised: ® Operating: Date:7-3-97 & 7.11.97 0 other: Attachments: Paper.Tampa Tribune & Warfield's Review Submitted try: E3 Not Required Appropriation Code 351-96370 Affected Parties & ® Notified 423-02066-531100- 532-000 ? None city manager 0 Not Required 0 Printed on recycled paper t This CONTRACT made and entered into this 51h day of 5gpjcMhcj, 1991 by and between the City of Clearwater, Florida, a municipal corporation hereinafter designated as the "City", and Heuer Utility Contractors, inc,, of Clearwater, Florida, County of Pinellas, and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the. Contractor, shall and will at Contractor's own cost and expense perform all labor, furnish all materials, tools and equipment for the following: The installation of gas mains and service lines as per Bid 159-97 for the contract price of seven hundred thirty one thousand one hundred fifty dollars ($731,150.00) to be completed by September 4, 1998, with City option to extend for two (2) additional one year periods under the same terms and conditions. In accordance with such proposal and technical supplemental specif•.cations and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, contractors response to bid and proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the city. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. .t THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL AC 17ON WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO MOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting for the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that the time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $500.00_1er day_ for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $504.40 oer day shall only and solely represent damage which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure on the Contractor to complete and perform all work within the time period as specified in this contract. It is mutually agreed that the City shall retain ten percent (10%) of all amount due as retainage until completion of the contract. I e• 1; It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory of if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and wide such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall b made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By-. Michael Roberto City Manager Countersigned: By: Rita Garvey, Mayor-Commissioner (Seal) Attest: Cynthia E. Goudeau, City Clerk Approved as to form: John C. Carassas Assistant City Attorney $$ - Y (Print Name) Its' President ty Co ntractors, Inc. 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' .r f ? . r .. ?E+4 -' FIRZ Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: R 4-'+7 SUBJECT: Premium Stabilization Fund and Employee Health Insurance RECOMMENDATION/MOTION: To approve the continued use of the Premium Stabilization Fund to offset one-half of the biweekly premium for employees with two or more dependents for the one year period January 1, 1998 through December 31, 1998 ($141,888.00) and to offset the 1.5% ($32,064) biweekly premium increase for the calendar year 1998 at an estimated total cost of $173,952 resulting in -0- increase in employee health insurance deductions for the 1998 calendar year © and that the appropriate officials be authorized to execute same. BACKGROUND: Effective January 1, 1997, the City's health insurance option changed from two-tiered (employee and employee plus family) to three-tiered (employee; employee plus one dependent; and employee plu's two or more dependents). The change to a three-tier option reduced the cost for employees with one dependent but significantly increased the cost to employees with two or more dependents. 1997 biweekly rates for employees with two or more dependents in the Prudential HMO increased 35% and rates for employees with two or more dependents in the Prudential Point of Service Plan increased 31 %. The City established a Premium Stabilization Fund in 1989 and that fund has grown to $4,076,031 as of July 31, 1997. The intent of the Fund was to provide a means to guard against future health care costs. On August 22, 1996, the Insurance Committee, which includes representation from the City's four employee unions and SAMP personnel recommended that the City use a portion of the Premium Stabilization Fund to offset one-half of the increase in cost for an employee with two or more dependents during calendar year 1997. The City Commission approved that recommendation for 1997. On May 30, 1997, the Insurance Committee recommended the continuation of the current health insurance premium subsidy from the premium stabilization fund for employees who have two or more dependents plus any increase to the subsidy up to 2.6% for the calendar year 1998. The City's insurance consultant, Wittner & Company, ultimately negotiated a 1.5% rate increase for 1998. Reviewed by: Originating Department: Costs: Estimated Commission Action: Legal n1a Human Resources Departure $173,957.54 ? Approved Budget Total ? Approved w/Conditions Purchasing a User Department: -0- ? Denied Risk Mgmt. n/a Current Fiscal Year ? Continued to; is nla Funding Source: ACM ? Capilat lmprovementi Finance Advertised: ? Operating: Date: X Other. Prem. Stab. Fund Attachments: Paper: submitted by. X Not Required Appropriations Code Affected Parties: 59o-07000-s45600-519-000 0 Notified X None City Manager X Not Required Q Printed on recycled paper w ;??f-f'. ???, ..d?s,?f•'.' '?'i0. t'?'^?:??+'S•.?iyy t?;?S';ufi rl ti. . • i r i. ,ti. „t. :rl d. •r•J?S W, I, F.`,l,;i"".;:`J;`f •7'?'y :t t: , Premium Stabilization Fund Balance 7131/97 i Fiscal Year Description Amount 1989 1986 Travelers refund $ . 505,376 1990 Excess Revenue from departments 497,330 1991 Excess Revenue from departments 574,527 1992 Excess Revenue from departments 459,807 1992 1991 Cigna Refund 52,726 1993 Excess Revenue from departments 134,305 1994 Excess Revenue from departments 140,685 1995 Excess Revenue from departments 977,876 1996 Excess Revenue from departments 94,425 Balance 9130196 $ 3,437,057 7997 Gulf Refund 522,977 Excess Revenue from depts -Oct 1st -July 31st 115,997 $ 4,076,031 1, . . . :12]. ?..: .. . ., #: Clearwater City Commission Item Agenda Cover Memorandum Meeting Date: ` SUBJECT: Health Insurance Contract RECOMMENDATION/MOTION: To extend the health insurance contract with Prudential Health Care System of Tampa Bay, Tampa, Florida under a fully insured arrangement for the contract period of January 1, 1998 to December 31, 1998, at an estimated cost of 3,837,401 17 and that the appropriate officials be authorized to execute same. _ BACKGROUND: In 1994 under direction from the City Commission, our insurance consultant, Wittner & Company, prepared a Request for Proposal for the health insurance contract. Wittner and Company worked closely with the Insurance Committee, composed of representatives of the four unions representing the City employees (CWA, FOP Supervisors, FOP #10, and IAFF), Supervisory, Administrative, Managerial and Professional (SAMP) representatives; representatives of City pensioners; representatives from the Human Resources Department and the City Manager's Office. Effective 1/1195 the City: • Awarded health insurance contract to Prudential Health Care System under a fully-insured funding arrangement. Prudential's bid allowed contract extensions at guaranteed renewal rates for 3 years. Continued the City's contribution of premium for individual coverage. • Continued a contribution subsidy for dependent coverage for the HMO option. • Continued the employee's dual coverage (the City pays for single coverage for one employee and pays the amount of the single coverage for the second employee towards the dependent coverage. The second employee is listed as a dependent.) The City renewed the contract for 1996 at an increase 6% for HMO and 7.79% for Point of Service. The City renewed the contract for 1997 at an increase of 8% for HMO and Point of Service. Additionally, the City changed the health insurance option from two tiers (employee and employee plus family) to three tiers (employee; employee plus one dependent; and employee plus two or more dependents) reducing cost for employees with one dependent but significantly increasing the cost to employees with two or more dependents. To mitigate the increase to employees with two or more dependents, the City Commission approved the recommendation of the Insurance Committee and the City Manager to use the Premium Stabilization Fund to offset one-half of the biweekly premium increase for these employees. Reviewed by: Originating Department: Costs: Estimated Commission Action: 3,837,401 Legal nla uman Resources Depa ? Approved Budget Total ? Approved w/Conditions Purchas A User Department: -0- ? Denied Risk Mgmt. various Current Fiscal Year ? Continued to: Is nla Funding Source: ACM ? capitat improvement: Other Advertised: X Operating: Date: ? other: Attachments: Paper: Submitted by: X Not Required Appropriation Code Affected Parlies: 590-07000-545601-590-000 ? Notified X None City Manager X Not Required 0 Printed on recycled paper r Agenda Item- Health Insurance Contract Page 2 of 2 August 14, 1997 In January, 1997, Human Resources conducted an employee satisfaction survey of 10% of City employees who have used : Prudential's services. Out of 150 employees surveyed by telephone, 118 responded that they were satisfied with Prudential's services and 112 responded that based 'on their customer service experience the City should renew with Prudential. On April 16, 1997, Deputy City Manager Kathy Rice informed the Insurance Committee members of the City's decision not to bid out or change any of the current health insurance programs due to a union (CWA) unfair labor practice charge regarding the 3-tier health insurance plan. This was amicably resolved by the City and CWA agreeing to discuss the 3-tier plan in the next bargaining sessions. As a result, the City's insurance consultant, Wittner & Company, negotiated a renewal rate for 1998 with Prudential. The 1998 rate increase for HMO and Point of Service is 1.5%. A separate agenda item is recommending the use of the Premium _ . Stabilization Fund to continue to offset one half of the biweekly premium for employees with two or more dependents and to offset the 1.5% premium increase for the calendar year 1998. This will keep employee deductions at the 1997 level. For 97198 the City of Clearwater budgeted an estimate of $2,470 per permanent full-time employee per year, which included $108.72 per employee for. the PPS mental, health and substance abuse carve out. The fiscal year 1997198 employee insurance budget code includes funding for this contract and funding will be requested in the 1998199 employee insurance budget code. ¦ #: . Clearwater City Commission Item Agenda Cover Memorandum Meeting Date: SUBJECT: Mental Health/Substance Abuse Coverage RECOMMEN DATIONWOTION: Extend the contract with Professional Psychological Services (PPS). Clearwater, Florida, for mental health/substance abuse coverage at an estimated cost of $168,951,00 for the contract period of January 1, 1998 through December3l,1998 in accordance with section 2.564 (1) (e) The Code of Ordinances (impractical to bid) and F.S. 1991, Chapter 287 (f) (10.), prevention services related to mental health, including drug abuse prevention programs, etc., are not subject to competitive sealed bid requirements ® and that the appropriate officials be authorized to execute same. BACKGROUND: Beginning with the contract year 1-1-93 through 12-31-93, the City of Clearwater separated (carved out) the mental health/substance abuse coverage from the health insurance coverage. The City of Clearwater contracted' with PPS (the City's long-term Employee Assistance Program (EAP] provider) for mental health/substance abuse coverage with benefits exceeding those provided by the health insurance provider. There is no change in the renewal rate for 1998 which is $9.06 per employee per month. The City of Clearwater budgeted $2,470.00 per permanent full-time employee for health insurance for 1997 of which $108.72 per employee will be applied to mental health/substance abuse coverage. The City's relationship with PPS has evolved positively in eleven years from a 3-visit Employee Assistance Program to an integrated program of comprehensive mental health and substance abuse services. The performance of PPS has been more than satisfactory in providing the City of Clearwater with an integrated product (employee assistance program and mental health/substance abuse coverage). The fiscal year 1997/98 employee insurance budget code includes sufficient funding for this contract and funding will be requested in the 1998/99 employee insurance budget code. Reviewed by: originating Department: Costs: Estimated Commission Action: Legal nla Human Resources Departure $168,951.00 El Approved Budget Total ? Approved w/Conditions Purchasi User Department: -0- ? Denied Risk Mgm . various Current Fiscal Year ? Continued to: Is nla Funding Source: ACM ? Capital Improvement: Other Advertised: X operating: Date: ? otter: Attachments: Paper: Submitted by. X Not Required Appropriation Cade Affected Parties: 590.07000-545607-519.000 ? Notified X None City Manager ? Not Required 1 Printed on recycled paper C(W) ,V7?M A- CLEARWATER CITY COMMISSION Agenda Cover Memorandum 1;??) Meeting Date CTq. SUBJECT: PROMOTIONAL LICENSE AGREEMENT RECOMMENDATION/MOTION Approve a Promotional License Agreement between the Clearwater Mall and the City of Clearwater allowing the City of Clearwater to conduct an EXPO and Parks and Recreation Mall Show in celebration of Florida City Government Week on October 25, 1997. 0 and that the appropriate officials be authorized to execute same. BACKGROUND: • Florida City Government Week is an annual event of the Florida League of Cities held during the month of October to celebrate local government. Over the past several years, the City of Clearwater has participated in Florida City Government Week by sponsoring a promotional activity (an EXPO at a local shopping mall. • This year's event is scheduled for Saturday, October 25th at Clearwater Mall. The scope of activities planned for this year's event consists of the following activities: information booths, video/slide presentations, and demonstrations of City services, property, and programs. The EXPO will give the City of Clearwater substantial exposure and showcase its employees, services, property and government programs. The City EXPO is being combined with the Parks and Recreation Department's annual mall show for the third time. This will bring many demonstrations and active displays to the combined event. • The Clearwater Mall provides an excellent location for this type of marketing/promotional activity. The Mall requires the execution of a Promotional License Agreement. • The Commission has previously approved a Promotional License Agreement with Clearwater Mall. The agreement (13 pages), similar to last year's, is available in the City Clerk Department.> n o W ? erg Reviewed by: Originating Department: Costs: Commission Action: Legg Qg::? N/A ? Approved Budget N/A Information Mgmt. n total ? Approved w/Conditions Purchasing User Department: 7 ? Denied Risk Mgmt. YJA Information Mgmt. Current Fiscal Year ? Continued to: Is N A Funding Source: ACM ? Capital Improvement. other _ Advertised: ? operating: Date: ? Other. Attachments: Paper: Promotional Submitted by: M Not Required Appropriation Code License M -S Q Affected Parties: Agreement - i ? Notified ? None City Manager E3 Not Required Printed on recycled paper t t 1. PROMOTIONAL LICENSE AGREEMENT THIS AGREEMENT is made and entered into as of this day of , 1997, by and between Clearwater Trust dared 9/30/92, hereinafter referred to as "Licensor", and City g.L-Clearwater. Florida hereinafter referred to as "Promoter". RECITALS A. Licensor is Clearwater Trust dated 9/30/92 for that certain shopping center commonly known as Clearwater Mall. Said shopping center is located at 20505 U.S. Highway 19 North, Suite 310, Clearwater, Florida, 33764 and shall hereinafter be referred to as "Center". B. Promoter desires to use a portion of Center at certain times for the purposes of conducting thereon certain activities. Said activities shall be subject to the terms, covenants and conditions of this Agreement. TERMS NOW THEREFORE, for good and valuable consideration and the mutual promises herein contained, the parties agree as follows: I. rant of License. Licensor hereby grants to Promoter a license to occupy and use, subject to all the terms, covenants -and conditions hereof, that portion of center described as follows: Common area an approvad,1ythe Mrketing TZir?vx _ _ _ ,? - Said portion of Center shall hereinafter be referred to as "Premises" 2. Bowe of License. Licensor agrees that Promoter shall, use and occupy the Premises only for the purposes of performing the following described activities (hereinafter referred to as "Activities"): --Eyent will fgatUrp hot-b the J!arks & Recreation show and thp City r?,Mn. The J_nfnrmat:iQn about such things as deMgngtrationg. distplays. - yidepg, handn"t-13 .etc. The rity___VXpo will fgaturp. digiplays gf cl-ty_ departments to nplphratg Florida City r2overnment -Week. PrQmgj;er will be responsible-for all equipment, 1 , FAC....NO. ... ....- ._.._........-. .. Y It is agreed that the Activities are for the express benefit and promotion of Center and Promoter. The Activities shall be performed by Promoter on the following dates at the following hours: MTES HOURS Set-up Friday, October 24th After 9pm to 11 pm Event October 25th 10am to 4pm Teardown. Saturday, October 25th After 4pm I SECTIONS 3 and 4. The Prdmoter, as a political subdivision of the State of 'Florida, .Is entitled to sovereign imunwnity,• except to the extent specifically waived by 768.28 Florida Statutes. To the extent permitted by the laws of the State of r!or undersigned shall save Licensor harmless.-from damages, loss or liability occurring by reason of any injury to person or property occasioned by an act or omission, negligence or wrongdoing of the Promoter or any of its officers and employees; and Prdino ter will, at, its uwn cost or expense, to the extent permitted by the laws of the State of Florida, defend and protect Licensor against such, claims and demands. Promoter.shall provide Licensor'with a copy of a Statement of Self-Insurance. Notwithstanding the foregoing, nothing contained herein shall relieve Licensor of liability for-damages resulting from its own negligence in connection with this Agreement. 2 r r;• .. '?i-'. i„i;, ;y.Y. :..,;.y ?i,•r+••tta? ,rl .e: ;ls j' •a. ,. i (a) Promoter shall pay Licensor the sum of according to the terms of payment specified as follows: (b) Licensor shall pay Promoter the sum of $---- -o- according to the terms of payment specified as follows: 6. To=. Termination. The term of this Agreement shall commence as of the date of execution hereof and shall continue in full force and effect until October 26,,199_'7. Either party shall have the right to cancel this Agreement, at any time, upon giving thirty (30) days' written notice thereof. 7. permits. Promoter shall obtain any and all permits, licenses and authorizations which may be required by any and all governmental authorities with respect to the Activities. should live or recorded music be used by Promoter, Promoter shall, be responsible for all fees payable to ASCAP or any other authorized agency or association. Should Promoter hold a valid license for.'this purpose, a copy of said current license shall be provided to the Marketing Director no later than thirty (30) days before the scheduled Activities.- All installations and equipment used by Promoter in performing the Activities shall be maintained and installed in strict conformity with the requirements of the Board of Fire Underwriters as well as local, state and ..federal laws, rules and regulations. 3 S. Tozer and Fees. Any and all taxes, fees and assessments, including, but not limited to, license fees, fees for permits, profits, sales or use taxes, personal property taxes, or any other taxes which may be levied or assessed on the assets, business or capital of Promoter or on Promoter's income there-from, by any duly constituted government authority, shall be borne and paid for by Promoter. 9. Rules and RaGwlations. Licensor has and shall from time to time set forth Rules and Regulations Governing Promotional Activity. Promoter agrees to abide by all such Rules and Regulations as though set forth in full, herein. 10. g.IIyployee!s Benefits. Promoter agrees to assume exclusive liability for the payment of any sums imposed by government authorities for or relating to workmen's compensation insurance or the Social Security of employees or other persons who perform work or service for Promoter in the performance of its obliga-tions hereunder. Promoter also agrees that it will execute and deliver to Licensor any further written documents in connection with the foregoing which Licensor may deem necessary or expedient to comply with any order, rule or regulation of any duly constituted government authority. 11. Assignment. It is expressly agreed that Promoter shall not assign its rights nor delegate its duties under this Agreement without the prior written consent of Licensor. Any assignment of rights or delegation of duties by Promoter without the prior written consent of Licensor is void. 12. Removal. of Propertt?_. On revocation, surrender or other termination of the license hereby given, Promoter shall quietly and peaceably surrender the Premises and shall remove all fixtures, equipment, and other things placed by Promoter on the Premises hereunder, and if Promoter shall fail to do no, Licensor shall have the right to make such removal at Promoter's expense. Promoter shall maintain the Premises in a neat and clean condition and, at the conclusion of the Activities, thoroughly sweep, clean and restore the Premises and leave them in at least as good condition as they were before the performance of the Activities, or shall contract with Licensor for such services at Promoter's expense. 13. Notice". All notices, demands or other writings in this Agreement provided to be given, made or sent by either party hereto to the other, shall be deemed to have been fully given, made or sent when made in writing and deposited in the United States mail, postage prepaid and addressed as follows: 4 TO LICENSOR: Clearwater Mall P.O. Box 5008 Clearwater, FL 33758 Attn: Marketing Director TO PROMOTER: City o£-Clearwater P.O. Sox_A74S clearwa Pr, EL 117SA In the event Promoter is two or more persons, partnerships, corporations or combinations thereof', then the obligations of Promoter shall be their joint and several obligations, and notice given to one of them shall be deemed notice to all. 14. ZxcluB xaneAB• The license given herein is not exclusive and Licensor reserves the right at any time to grant other or similar licenses to use or occupy the Premises. I 15. Deleted 16. Entire understanding of thfLRarhle. The making, execution and delivery of this Agreement by Promoter has been induced by no representation other than those herein expressed. This Agreement embodies the entire understanding of, the parties and there are no further or other agreements, written or oral, in effect between the parties, relating to the subject matter hereof. This instrument may be amended or modified only in writing signed by both parties. 17. This Agreement shall be. governed by the laws of the state in which center is located. If any provision of this Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions shall 'nevertheless continue in full force and effect. 1s. Risk of Loss er Damnga. The risk of loss or damage to any materials, equipment or any other personal property of Promoter used on Center's property or -in' the performance of its obligations under this Agreement shall remain solely with Promoter.. 5 I 41 t 19. waiver. Waiver by Center of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 2o. Attorneys 1 Peas. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 21. It is understood and agreed that nothing herein contained shall be considered as in any way constituting a partnership between Licensor and Promoter and that Promoter does not and shall not claim at any time any interest or estate of any kind. 22. ' CozMorlir„ion. In the event Promoter shall be a corporation, the parties executing this Agreement on behalf of Promoter hereby covenant and warrant that Promoter is a duly qualified corporation and all steps have been taken prior to the date hereof to qualify Promoter to do business in the state in which Center is located; corporate taxes have been paid 'to date; and all future forms, reports, fees and other documents or payments necessary to comply with applicable laws will be filled or paid when due. 23. Time of Mamma. Time is of the essence in this Agreement and every term, covenant and condition herein. 24. Exhibit A. Exhibit A is a written document which, including all the paragraphs listed therein, is attached hereto and incorporated by reference herein. 25. Security Deposit. Promoter has deposited with Licensor $--0- as _ as a security deposit, receipt of which is hereby acknowledged. Said deposit shall be held by Licensor, without liability for interest, for the faithful performance by Promoter of all terms, covenants and conditions in this Agreement to be observed and performed by Promoter. Licensor shall deduct all costs and expenses, without limitation, associated with Promoter's use of the Premises, and shall refund to Promoter the balance of the security deposit approximately two weeks after the Activities have terminated. 6 11 26- By signature below, Promoter acknowledges that it has received, read, and fully. understands the Center's Rules and Regulations Governing Promotional Activity, and expressly agrees to abide by each and every one as though fully set forth and incorporated herein. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the day and year first above written. PROMOTER LICENSOR city of clearwater, Florida Cleamater Trust dated 9130192 B Delaware Corporation, as Trustee Sv t _ BY! Title: Marketing Director t Name: DavidPalomo Micheal J. Roberto, City Manager Title- General Manager Landlord Attest: Cynthia E. Goudeau, City Clerk Approved as to form: John Carassas, Assistant City Attorney 7 ¦..e t ? ?, .1?, ." .;i ?°,? .i Y? rl. ,.?,,j. ., r.. o e may.' o z. Date on which Promotional License Agreement is executed: 7- 21-92 2. Legal name and legal status of Promoter: _ City of Clearwater, 3. Address of Promoter: P.O. Sox--4.748 _Clearwattxr,FL337fiB - 4 : Name of shopping center: _ C1earWgter--Mall 5. Address of shopping center: 205.45- U.S.---Hwy.1,9 W.. quite 310, Clearwater, EL 33264 6. Description of activities to be performed by Promoter (be specific): MMt_tinclude th Parks & RgereatIon show-and--the`City P2Mn, Shaw will include distrIbution of Parke & Recreationprggram i,nf!2 x ion about demonstrati s. d ;gn_ lays.yideoa, -handouts.- etc, __ The Cj t,;y r29PQ will feature disg,] ays of ,city__deoartmnnts - -- „ ,,,.....,.., 7. Hours during which Promoter shall perform its activities:, DATE HOURS Event 1005/97 -_10 AM-4 pm Set-up 10/24/57 After 9pm-11pm -_Teardown--1012519-7 After-A PM 8. Terms and amounts of payment to be made by Licensor to Promoter (if none, insert "None"): AMgunt of PayMant DUg Date gfPayMent Total of Contracted Payments: NONE Payments to be made at address set forth in Paragraph 3 unless specified otherwise below: 8 ..r ?x?l'?'yad; Filyl; Ji?a???`ih}7?[?3ff?,?i'.?tre?k?F."?,?t??}???iR?i°E+i'Ci?a':F?1.ybni+.'?,f •'s .... .. ,. ., .. ... .. . . r 9. Terms and amounts of payment to be made by Promoter to Licensor (if none, insert "None"): Amount of Payment none NZA Total of Contracted Payments: none Payments to be made at address set forth in Paragraph 5 unless specified otherwise below: NIA lo. Licensor's address for notices, if different from address in Paragraph 5 above: N/A .... ,, 11 .. Promoter's address for notices, if different from address in Paragraph 3 above: -N/A -- - ., r ' t e Bxbibit B CLEARWATER MALL DISPLAY GUIDELINES, RULES AND REGULATIONS The following guidelines are provided to insure a high quality, professional and safe event or display at Clearwater Mall. All events and displays are to equally match or excel the professional presentation of Clearwater Mall. GENERAL 1. Prior to an event or display, a Promotional License Agreement must be completed and on file with the Clearwater Mall Marketing Department. In addition, all required Certificates of Insurance must be secured and on file. Failure to provide the agreement and/or insurance will automatically terminate the event or display. 2. The hours of an event or display must coincide with established Clearwater Mall operating hours. Regular mall hours are 10:00 a.m. to 9:00 p.m. Monday through Saturday, and 12:00 noon to 5:30 p.m. on Sunday. Mall operating hours are adjusted regularly for holiday or seasonal purposes. Confirm actual mall hours with the Clearwater Mall Marketing Department. 3. For the safety and convenience of our shoppers, events and displays are not allowed to set-up or tear down during operational hours. All set-up and tear down work must be completed by 10:00 a.m. or began after 9:00 p.m. Confirm actual set-up and tear down hours and dates with the Clearwater Mall Marketing Department. 4. To avoid any possible damage to Clearwater Mall flooring, all event or display materials must be transported on pneumatic tire carts or dollies. Usage of carts or dollies with hard rubber wheels is prohibited and will result in immediate cancellation of said event. 5. Utilities, if needed, will be supplied by the mall. Utilities needed must be stated prior to the event. Clearwater Mall does not supply extension cords or easels. User is responsible to provide safe extension cords. Only 3-prong grounded 15 amp cords are allowed in the mall. 6. Clearwater Mall is not responsible to provide workers to aid in event/display set--up or take down. e 7. Should an event or display require additional security in the mall, the user will be responsible for all monetary compensation for Clearwater Mall Security Officers. Additional security is arranged through Clearwater Mall Marketing Department and Security Department. 8. Clearwater Mall is not responsible for theft, loss or damage to any event, display or personal merchandise. 9. Absolutely no alterations are to be made on any physical structure of the mall when setting-up or tearing down an event or display. in addition, nails, screws, wire, tape, etc. are prohibited from being driven into or attached to walls, trees, railings, benches or any other Clearwater Mall fixture. 10. To designate proper location, all events or displays generating any type of noise (drilling, cutting, etc.) must be presented to the Clearwater Mall Marketing Department prior to set--up. 11. Per the City of Clearwater Fire Department, a 10 foot aisle must be maintained between all events or displays and store fronts. 12. Maintenance and upkeep of the event or display must be a continuous effort and is the responsibility of the user. Failure to maintain your event or display area will result in immediate cancellation of said event. 13. The event or display user is responsible to return the area after usage in its prior or better than its prior condition. User is responsible for any damage found at event or display area. 14. All event or display participants are required to observe the established Mall Employee parking regulations. All vehicles must be parked a minimum of 12 spaces out from the mall. Non- compliance will result in termination of the event or display and eviction from the mall. 15. Per the established City of Clearwater zoning codes, self- contained campers are not allowed on the parking lot under any circumstances. 16. Helium tanks or balloons are not allowed in the mall. e 17. Verbal or physical soliciting (barking) during an event or display is prohibited. Failure to comply will result in termination of the event or display. 18. Pets are not allowed in the mall or secured at a mall entrance way. SIGNING Z. All event or display signage must be professionally produced and of professional quality. Hand lettering or stencil signs are not permitted. For aid in producing proper signage, contact Clearwater Mali Marketing Department. 2. Signs with flashing lights or noise makers (bells, buzzers, P.A.) are not permitted. 3., Signs offering a video or audio presentation must allow volume to be heard within the immediate area only. High volume presentations are not permitted. TABLES 1. User will remain in the assigned space to conduct business. 2. Al 1 tabl es must be covered and skirted to the f 1 oor. Skirting material must meet approval of the Clearwater Mall Marketing Department - sheets not accepted. Any boxes are to be stored under skirted tables out of view or off premises. VEHICLES 1. All vehicles will enter and exit through retractable promotion doors. 2. Per the City of Clearwater, a maximum of five (5) gallons of fuel is allowed in each vehicle. 3. Per the City of Clearwater, all gas caps, locking and non- locking, are to be tape sealed when displayed in the mall. 4. Prior to arriving mal I, do not use air conditioning in vehicle in order to avoid fluid deposits (draining) from the vehicle when entering. a 1.? 6'Ir ?. .i1.. a) 1'a 1 ??' •i a aI'• 5. When on display, all vehicles are required to house a plastic cover under the entire length and width of vehicle to prevent fluid spills. If needed, Clearwater Mall will provide plastic covering. 6. Tires of each vehicle are to rest on top of carpet squares, plastic squares or cardboard squares. If needed, Clearwater Mall will provide carpet squares. 7. Battery cables must be disconnected on all vehicles on display, 8. All vehicles on display which are unsupervised, must be locked at all times. 9. In case of emergency, one (1) set of keys per each vehicle is to be submitted to Clearwater Mall Security. There are no exceptions to this rule. 14. Vehicles must enter and exit the mall during pre--scheduled dates and times. Failure to abide by these dates and times will result in removal of the vehicles from Clearwater Mall by Clearwater Mall Security. 11. When on display, Clearwater Mall is not responsible for on- going cleaning or upkeep of vehicles. 12. Usage of polishes, silicone agents or any other cleanser or finish enhancer is prohibited. 13. Clearwater Mall is not responsible for any damage or injury of a vehicle while in the mall or an the property. 14. No vehicles can be removed from Clearwater Mall during the show period. All questions concerning these display guidelines are to be directed to the Clearwater Mall Marketing Department located in the mall.offices (813) 796--2336. ! t'?Y i ., Jr . , ? 7 t, 'f • . 1 ' ? + qh. s ' .1.' ? ' . .. ? t ?. . .? l ??'?F?kF m?'??„+"'v i%j='it?'?Y ??,'?',??'r'? " f,R??1????yI????'t,??r?.?°???fi$? ?'.?,?id'?,`'ii'i:<,;,,?'.l.?ti? ?,, ?t .. ?? q . Clearwater City Commission Item f!: Agenda Cover Memorandum Meeting Date: . - SUBJECT: RENEWAL OF LEASE AGREEMENT RECOMMENDATIONIMOTION: Approve renewal of a lease agreement between the Sgt. Allen Moore Community Partnership, Inc., known as the Lessee, and THE CITY OF CLEARWATER, known as the Lessor, for the 1996 Ford Econoline 15-passenger Club Wagon (VIN 1 FBJS31 H3THB59092) for the period of one (1) year commencing September 20, 1997, and renewable for up to an additional three (3) years, at an annual lease payment of $1.00 for each period. ® and t1wt the amooriate officials be authorized to execute same. BACKGROUND: • Last year, the City of Clearwater Police Department was awarded an "Urban Partnership" grant in the amount of $50,000 from the Florida Bureau of Community Affairs. As part of the activities included in the grant program, the Police Department purchased a 15-passenger van for use by the Sgt. Allen Moore Community Partnership, Inc. for the transportation of clients participating in the Partnership's programs. Due to the regulations and requirements for the federal grant funds, the van must be retained in the City of Clearwater's name and carried in the city's asset inventory. A lease was approved by the City Commission for one year, beginning on September 20, 1996. The lease may be renewed for up to 3 additional years, at which time the van will be fully depreciated. • As the Lessee, the Partnership will have responsibility for maintenance, repairs, and fuel. • The City of Clearwater will be responsible for payment of the insurance premium for the van for the second year of the lease agreement. Money for payment of the insurance premium was budgeted in the 1997198 Weed & Seed grant, which was awarded to the City of Clearwater on July 17, 1997 in the amount of $175,000. Reviewed by: A 1 Originating Department: Costs: Commission Action: Legal Poll $1.00 ? Approved - - Budget WA Total ? Approved wlConditiona Purchasing WA User Departmen 51.00 ? Denied Risk Mgmt. WA Pol Current Fiscal Year ? Continued to: 'IS WA Funding Source: ACM WA ? caphai Improvement: other NIA Advertised: ? operating: Date: ? other. Attachments: Grant Paper. Lease Agreement Submitted by: ? Not Required Appropriation Code Affected Parties: ist•estssatl (] Notiiled ? None City Manager ? Not Required Printed on recycled pap*r Motor Vehicle Lease Agreement This agreement entered into between the City of Clearwater (hereinafter the Lessor) and the Sergeant Alien Moore Community Partnership, Inc. (hereinafter the Lessee) is for the lease of a vehicle described below. By signing this lease, the lessee agrees to all terms and conditions contained herein. WHEREAS, the City of Clearwater has received a grant from the State of Florida Department of Community Affairs in the amount of $50,000 with a 25% required match of $16,667; and WHEREAS, the City has purchased a 15, passenger Econoline wagon with a portion of the grant funds and wishes to support the Sergeant Allen Moore Community Partnership, Inc. by leasing the vehicle to the organization; and WHEREAS, the Sergeant Allen Moore Community Partnership, Inc. will be utilizing the vehicle to .transport citizens of Clearwater In the day-today operations of The Safe House located at 1201 N. Betty Lane, Clearwater, Florida; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties hereto agree as follows: 1. VEHICLE DESCRIPTION. 1996 Ford Econoline 15 Passenger Club Wagon VIN 1 FBJS31 H3THB69092. 2. TERM OF LEASE AND PAYMENTS. This Lease shall be for a period of one year commencing on September 20, 1997 and ending on September 19, 1998. The parties have the option upon mutual agreement to renew this Lease for an additional 3 years beyond this lease period. The Lessee shall make an annual payment at the commencement of each period of $1.00. 3. PUBLIC LIABILITY AND PHYSICAL DAMAGE INSURANCE. Lessee must purchase Public Liability and Physical Damage insurance that covers both Lessee and Lessor. The coverage must be not less than a single limit coverage of $500,000 bodily injury, $50,000 property damage and physical damage coverage with deductibles not to exceed $500 for collision and $500 for comprehensive. Lessor shall provide funds from the 1997/1998 Weed & Seed Grant to pay the premium for this lease period. Lessee shall be responsible for paying the premium to extend the coverage during any renewal of the lease beyond this lease period. Insurance Notice to Florida Residents-Only: UNDER THE TERMS OF THIS LEASE AND IN ACCORDANCE WITH §324.021(9)(b) OF THE FLORIDA STATUTES, NO LESSOR SHALL BE DEEMED THE OWNER OF THE LEASED MOTOR VEHICLE FOR THE PURPOSE OF DETERMINING FINANCIAL RESPONSIBILITY FOR THE OPERATION OF THE LEASED MOTOR VEHICLE OR THE ACTS OF THE OPERATOR IN CONNECTION WITH THE LEASED MOTOR VEHICLE WITHOUT ANY WAIVER OF THE PROTECTION AFFORDED TO ANY LESSOR BY §324.021(9)(b). AND IN ADDITION TO THE PROTECTION AFFORDED THEREBY, THE VALID AND COLLECTIBLE LIABILITY INSURANCE OR PERSONAL INJURY PROTECTION INSURANCE PROVIDING COVERAGE FOR THE LESSOR OF A MOTOR VEHICLE FOR RENT OR LEASE SHALL BE PRIMARY. SUCH INSURANCE SHALL BE PRIMARY FOR THE LIMITS OF LIABILITY AND PERSONAL INJURY PROTECTION COVERAGE AS REQUIRED BY §324.021(7) AND §627.736, FLORIDA STATUTES. BY SIGNING THIS LEASE, LESSEE AGREES THAT LESSEE'S OWN LIABILITY AND PERSONAL INJURY PROTECTION INSURANCE, FOR LESSEE OR ANY OTHER PERSON DRIVING THE VEHICLE, WILL PROVIDE PRIMARY INSURANCE COVERAGE UP TO ITS FULL POLICY LIMITS. Name of Insurance Carrier; Policy No. Name of Insurance Agent: Phone No. Lessor must be named as "additional insured" and "loss payee' on Lessee's Insurance policy. Each policy must provide that lessor will be notified in writing at least 30 days before the insurance is canceled or coverage altered and that the lessor or its representative may have full access to Lessee's Insurer's claim file in the event of an insurable loss. Lessee has the option of fumishing the required amount of insurance either (I) through any existing policies owned or controlled by Lessee and Issued by a carrier reasonably acceptable to Lessor, or (ii) by purchasing the required coverage separately through any Insurer reasonably acceptable to Lessor. 4. MAINTENANCE, REPAIRS AND OPERATING EXPENSES. The Lessee will be responsible for and agrees to pay for all maintenance and repairs to keep the Vehicle in good working order and condition and any other expenses, including but not limited to fuel, associated with operating the Vehicle. Lessee will service the Vehicle according to the manufacturer's recommendations as outlined in the Owner's Manual and the Maintenance Schedule folder or as requested by the manufacturer in any recall campaign, and Lessee will complete all necessary service records. 5. LICENSE, REGISTRATION, TAXES AND INSPECTION. Lessee agrees to pay for registration and licensing and for all inspections of the Vehicle required by any govemment authority during the term of this Lease. 6. WARRANTIES AND EXCLUSIONS OF WARRANTIES. Except for a warranty of description of the Vehicle and a warranty against interference with Lessee's interest under this Lease, the only warranties covering the Vehicle are the standard manufacturer's express warranties. The Lessee is authorized to receive the benefit of the manufacturer's warranties on behalf of Lessor. In the event Lessee becomes involved in any litigation, arbitration or other dispute resolution proceeding regarding such manufacturer's warranties, Lessee will promptly notify the Lessor in writing of the proceeding in the manner provided In Paragraph 15. Lessee agrees that Lessor is a necessary party to any such proceeding. Lessee will also have the benefit of the extended warranty obtained by Lessor. YOU UNDERSTANDJHAT LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES COVERING THE VEHICLE. IN PARTICULAR, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF VEHICLE CONDITION, MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE COVERING THE VEHICLE, AND LESSOR EXPRESSLY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. 7. NO ASSIGNMENT BY LESSEE. LESSEE AGREES NOT TO ASSIGN, TRANSFER, SUBLEASE, RENT OR PLEDGE THIS LEASE OR THE VEHICLE WITHOUT LESSOR'S EXPRESS WRITTEN CONSENT, NOR WILL LESSEE DO ANYTHING TO INTERFERE WITH LESSOR'S OWNERSHIP OF THE VEHICLE. 8. NOTICE OF ACCIDENTS AND COOPERATION. Lessee agrees to cooperate fully with Lessor and any insurance company in the investigation and defense of any and all claims arising from possession and use of the Vehicle. Lessee will provide Lessor with all Information available regarding the time, place and the nature of the accident, theft or loss, the persons Involved and any resulting injuries or damage. Lessee will promptly deliver to Lessor all papers and documents received by Lessee or by any operator of the Vehicle In connection with any claim begun or threatened against Lessor, Lessee, or any operator of the Vehicle. Lessee will provide Lessor or Lessor's representative reasonable time and opportunity to examine the damaged Vehicle. Lessee will comply with all laws and regulations requiring the reporting of accidents, thefts or loss involving the Vehicle. 9. LIMITATION OF LIABILITY. Lessor shall not be liable for any loss of profits or other indirect or consequential damages or inconveniences which may result to Lessee from any damages to, or defect In, the Vehicle or for the time needed to repair or service the Vehicle. 2 10. USE. Lessee agrees that: a. Only authorized licensed drivers will operate the Vehicle after they have been approved by the Clearwater Police Department to insure that they have a valid driver's license; b. Neither Lessee nor any other person will operate the Vehicle while under the influence of alcohol, illegal narcotics or prescription or non-prescription drugs If the Instructions prohibit operating a motor vehicle; C. Lessee will keep the Vehicle free of all fines, liens and encumbrances and will pay such fines or remove any such liens and encumbrances immediately (if Lessee does not, Lessor may do so, and any amounts paid by Lessor, plus the assessment by Lessor of a $25 processing fee per incident, shall be an additional amount owed by Lessee under this Lease); d. Lessee will not use the Vehicle illegally, improperly or for hire; e. Lessee will not use the Vehicle to pull trailers if recommended against by the manufacturer; f. Lessee will not remove the Vehicle from Florida; and g. Lessee will not alter, mark or Install equipment in the Vehicle without Lessor's consent; h. Lessee will utilize the Vehicle for the benefit of the Public. 11. INSPECTION. Lessee agrees to allow Lessor to inspect the Vehicle at any reasonable time and place. If Lessor asks to inspect the Vehicle, Lessee will tell Lessor the location of the Vehicle. Any inspection will be solely for Lessor's benefit. 12. DEFAULT. Lessee will be in default of this Lease if any of the following occur: a. Lessee does not make a payment when It is due; b. Lessee or any of Lessee's property becomes the subject of a proceeding (voluntary or involuntary) in bankruptcy, receivership or insolvency, or Lessee- makes an assignment for the benefit of creditors; c. Lessee dissolves; d. Lessee fails to comply with the Insurance requirements of Paragraph 3; e. Lessee does not maintain or repair the Vehicle as required by this Lease; f. The Vehicle Is stolen, lost, destroyed, seized or confiscated or Is otherwise rendered unavailable or unsuitable for use; g. Lessee assigns, transfers, subleases, rents or pledges this Lease or the Vehicle without Lessor's permission or otherwise violates Paragraph 7; h. Lessee allows the Vehicle to become subject to a lien; or i. Lessee otherwise falls to comply with any other term, provision or condition of this Lease or falls to keep any other promise made to Lessor. 13. INDEMNIFICATION. Lessee agrees to indemnify and hold Lessor, Lessor's affiliates, assignees, pledges, agents and employees harmless from all losses, liability, damages, injuries, claims, demands and expenses arising out of the condition, maintenance, use or operation of the Vehicle. 14. SEVERABILITY. If any part of this Lease is not valid according to any applicable law, all other parts nevertheless will remain enforceable. 15. NOTICES. All notices to Lessee will be made to 1201 N. Betty Lane Clearwater, FL 34615 or to the last address provided to Lessor in writing. All notices to Lessor made in accordance with the provisions of this Lease must be made in writing to the Chief of Police of the Clearwater Police Department at 645 Pierce Street, Clearwater, FI 33756, or to such other address as Lessor provides in accordance with this Paragraph. 16. NO WAIVER. Lessor's excuse of a default does not mean that a later occurrence of that or any other default will be excused. Any failure or delay by Lessor in exercising any of Lessor's rights or remedies under this Lease will not cause Lessor to lose them, and Lessor may exercise them at any later time. 3 • ' F 17. DELIVERY RECEIPT. By signing this Lease, Lessee agrees that (a) Lessee received and examined the Vehicle described in this Lease, (b) the Vehicle is as described in this Lease, and (c) the Vehicle Is in good working order and condition. 18. THIS LEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN LESSEE AND LESSOR. There are no other agreements between Lessee and Lessor except those included in writing in this Lease. No change of this Lease, no course of performance and no other agreement between Lessee and Lessor will be binding unless In writing and signed by Lessee and Lessor. Lessee Initials: Countersigned: CITY OF CLEARWATER, FLORIDA Rita Garvey, Mayor-Commissioner Approved as to form: A umA Robert J. §Prette Assistant City Attorney By: Michael J. Roberto, City Manager Attest: Cynthia E. Goudeau, City Clerk N SERGEANT ALLEN MOORE COMMUNITY PARTNERSHIP, INC. By: Joseph Smiley, President Attest: Secretary 4 1 l' r CLEARWATER CITY COMMISSION o Agenda Cover Memorandum Meeting Date T L' [ ! SUBJECT: Gulfview Blvd. and Coronado Drive Right-of-Way Transfer from Pinellas County RECOMMENDATION/MOTION: Approve the Intergovernmental Agreement with Pinellas County for the transfer of Rights-of-ways of Gulfview Blvd. and Coronado Drive on Clearwater Beach from Pinellas County to the City of Clearwater, n and that the appropriate officinis be authorized to execute same. SUMMARY: • The City wants to develop and enhance streetscapes in the commercial areas of Clearwater Beach. A principal area is the commercial corridor of Gulfview Blvd. (Pinellas County Road 245) and Coronado Drive (Pinellas County Road 255) which connects the west end of State Road 60 (Mem(orial Causeway) to the Clearwater Pass Bridge. • Greater control of this corridor will enhance improvement options and design flexibility and will allow maximum flexibility in traffic operational modeling alternatives in the Beach street network. It will also allow for the upgrade of pedestrian and signage features of the roadway. • The average annual cost to the City in owning and maintaining this corridor is estimated to be $23,000 per year for street surfacing and $5,000 per year for existing sidewalk maintenance (This cost will increase depending on the extent and design of streetscape improvements). Reviewed by: Originating Dept. Costs: na Commission Action Legal Tr„k- Engineering (Current FY) Approved Budget NIA User Dept. Funding Source: Approved w/conditions Purchasing N/ Engineering Capt. Imp. Denied Risk Mgmt. Advertised; Operating Cont'd to Is N/A _ Date: Other ACM Paper: ENG. Not required: X CPIPlanning SS /Am Affected parties Appropriation Codelsl Attachments: notified Submitted By _ NIA Intergovernmental Agreement with Pinellas County City Manager Not Required X Guitview Right of Way an er to Clearwater,agn F3 • I Y PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW A GREEMEN T PREPARED BY ' DEPARTMENT OF PUBLIC WORXS COASTAL MANAGEMENT Page 1 of 3 SECTION I INTENT OF AGREEMENT THIS AGREEMENT, made and entered into as of the ,day of . 1997, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and the City of Clearwater, a municipal corporation of the State of Florida, hereinafter called the "CITY". WITNESSETH, that; WHEREAS, the Florida Legislature, under the Functional Classification Act of 1982, delineated and assigned jurisdictional maintenance responsibilities for all collector and arterial roadways within the State of Florida, and WHEREAS, the CITY desires to assume full jurisdictional authority and agrees to perform full maintenance responsibility for certain arterial roadways that have been assigned to the COUNTY, and WHEREAS, the COUNTY concurs and supports the CITY's desire to assume both authority and responsibility for these roadway facilities, and WHEREAS, the COUNTY and the CITY are authorized under Section 335.04 15, Florida Statutes, 1995, to eater into agreements with other governmental entities, to provide for the transfer of maintenance responsibilities of these public roads; and NOW THEREFORE, in consideration of the covenants and agreements hereafter contained, it is mutually agreed by and between the parties hereto as follows: SECTION 2 DEFINITION OF ROADWAY For the purpose of this Agreement, the roadway is defined to include all normal "transportation" elements contained within the road right-of-way. Maintenance responsibility includes all parts of the road defined in FS 334.03 (23) which reads as follows: "Road" means away open to travel by the public, including, but not limited to, a street, highway or alley. The terry: includes associated sidewalk, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embanknenj% slopes, retaining walls, bridges, tunnels, and viaducts necessaryfor the maintenance of travel and all ferries used in connection therewith." regardless of title to the underlying real estate. It also includes such additional features as guardrail, informational signing elements, striping and pavement markings. SECTION 3 COUNTY'S COMMITMENT The COUNTY agrees to transfer full maintenance responsibilities and relinquish all jurisdictional authority and liability for certain roadways to the CITY, originally assigned to it under the terms of the Functional Classification Act of 1982, 3,I ? The specific County Numbered Roads affected are: a) All of County Road 245, which is more clearly described as: - South Gulfview Boulevard from Gulf Boulevard to Gulfview Boulevard; and, - Gulfview Boulevard from South Gulfview Boulevard to Coronado Drive b} All of County Road 255, which is more clearly described as: - Coronado Drive - Gulfview Boulevard to Causeway Boulevard Page 2 of 3 i .r SECTION 4 CITY'S COMMITMENT The CI'T'Y agrees to incorporate these two aforementioned roadways into the City Street System and to assume full legal responsibility, liability and authority over the roadways as defined above from and after the effective date of this Intergovernmental Agreement. Both the CITY and the COUNTY agree that the transferred road segments will no longer be the responsibility of the COUNTY after the effective date of this Intergovernmental Agreement, provided however, the COUNTY, and not the CITY, will remain legally responsible for the claims, if any, of third parties for injuries, death, or property damage arising out of any incident occuring prior to the effective date of this Intergovernmental Agreement as may be asserted pursuant to applicable law. SECTION 5 EFFECTIVE DATE This Agreement shall take effect on the last date signed by both parties and shall continue in full force and affect unless and until rescinded or terminated by an Intergovernmental Agreement executed by the parties hereto. SECTION 6 TERMINATION OF AGREEMENT This Agreement contains the entire Agreement between the parties and supersedes all prior Interlocal Agreements for the affected roadways, written or oral, between the parties pertaining to roadway maintenance. There are no oral understandings, terms or conditions, and neiffier party has relied on any representation, expressed or implied, not contained in this Agreement. This Agreement maybe modified or amended only by an agreement in writing, signed by both parties to said Agreement. Nothing in this agreement is intended to create a third party beneficiary in persons not party to this agreement. SECTION 7 GOVERNING LAW AND DOCUMENT EXECUTION IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and scats the day and year first above written. CITY OF CLEARWATER a municipal corporation of the State of Florida By. Mayor, Rita Garvey By Michael J. Roberto, City Manager ATTEST By: Cynthia E. Coudeau, City Clerk APPROVED AS TO FORM: By: John C. Carassas, Asnt. City Attorney PINELLAS COUNTY, a political subdivision of the State of Florida By: Chairman ATTEST: KARLEEN DeBLAKER, CLERK By: Deputy Clerk APPROVED AS TO FORM: By: County Attorney Page 3 of 3 Item # ., CLEARWATER CITY COMMISSION Meeting Date S Agenda Cover Memorandum I. `?. 1 r7 SUBJECT; Reclaimed Water System Master Plan Up-date RECOMMENDATION/MOTION: Approve the McKim & Creed Work Order for Up-date of the Master Plan for Reclaimed Water System Development and analysis of the potable water system in the amount of $126,800, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • A Master Plan for development of Reclaimed Water Systems in the City of Clearwater was prepared in 1989-1990. However, significant changes have occurred since then that affect the future development of this resource in a cost effective manner. The phasing plan previously developed focused on developing the northern area of the City first. Instead, the first phase of the Residential Reclaimed Water System now under construction is to serve Island Estates and portions of Clearwater Beach. This is due to the fact that the barrier islands cannot u ili;e shallow wells due to the proximity of salt water. This use of reclaimed water will provide the maximum benefit to offset the use of potable water for irrigation purposes. • An up-date of the Master Plan will utilize data and information presented in the 1990 Master Plan together with current information to identify specific projects that are logical and feasible to construct. It will also identify the needed long range funding strategies to implemgnt system construction and operation. Financial planning will be closely coordinated with current Utility Rate Study work. • The update of the Master Plan will also explore alternatives to City-wide expansion of reclaimed water facilities such as providing reclaimed water to other government entities (e,g. Pinellas County, Southwest Florida Water Management District). Continued Reviewed by: Originating Rapt. Commission Action Legal Engineering Departmen Costs: $126,800 Approved ' {Current FY) X Budget User Dept. Funding Source: Approved gA ? wlconditions Purchasi ntr;?::a m_ _ ks Capt. Imp. X ME Denied Risk Mgmt. NIA Advertised: Operating Cont'd to 15 pate: NIA Other ACM Paper: NIA ENG. Not required: OTHER Affected parties Appropriation Codels) Attachments: notified Submitted ey: 315-96739-530100.533-000 Work Order City Manager Not Required 315-9674 - 30I00-535-000 1 Page 2 continued Agenda Item - Reclaimed Water System Master Plan Up-date • The Master Plan will assist the City in meeting regulatory requirements for operation of wastewater treatment facilities, complying with conditions of the City's Water Use Permit and utilizing available reclaimed water to reduce demands on valuable drinking water supplies not only in Clearwater but throughout the region. • This Work Order will also address several issues related to the Potable Water Systems. Operations of Reclaimed Water Systems and Potable Water Systems are interrelated. As reclaimed water use increases, potable water demands decrease. • Water' supply alternatives will be evaluated. The City's current groundwater supplies continue to decline in terms of water quality and quantity. Options for increasing potable water supply to meet demands will be addressed as will system hydraulic conditions to facilitate a change in potable water supply services. Recommendations will be included relative to the continued operations of the distribution system by the City. I• This Work Order will re-evaluate the options available for utilization of potable water system infrastructure for use for reclaimed water system development. • Funding in the amount of $76,400 is available in Capital Improvement Project 315-96739 Reclaimed Water ? ?- Distribution System, and the balance of $50,400 is available in 315-96740, Water Supplyffreatment. THE WORK ORDER IS AVAILABLE IN THE CITY CLERK DEPARTMENT I I# CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED ENGINEERS WORK INITIATION FORM DATE: July 29, 1997 Clty Project No: MIC Project No: 1. PROJECT TITLE: Reclaimed Water Master PlanlWater Supply Evaluation 2. SCOPE OF WORK: SUMMARY: The City of Clearwater completed a Reclaimed Water Master Plan in May of 1990. The Master Plan identified a 15-year $59-million implementation strategy. This plan was to be implemented in three phases. Development of a reclaimed water system is subject to many factors including the public's acceptanceldemand for this resource. In response to demands, the City is beginning implementation with the extension of reclaimed water to Island Estates and Clearwater Beach. These areas were identified in Phase 3 of the Master Plan. This work order will provide for updating the Master Plan to provide a guide for continued system construction in a logical and cost effective manner. This planning effort will assist the City in,complying with the Florida Statues which target 75 percent reclaimed water usage. The work will include the review of the existing Master Plan data, obtaining supplemental data, and evaluating the current construction characteristics as they relate to future system expansion. A determination of consumer demand will be part of this effort to aid planning for expansion. McKim & Creed will develop specific projects which are manageable from an implementation viewpoint and will prioritize the improvements based on the various factors. As the use of reclaimed water increases to off-set use of the more valuable potable water and as the City's production of quality drinking water declines, the impacts on the public water supply and City operated water facilities must be considered. This work order will also address the impacts and assist the City in making critical decisions about the long term supply of water to it's residents. The evaluation will include several technical issues of transfer of water supply from the Pinellas County system to Reservoir No. 1 and the impact on system pressures in Clearwater. The disposition of the existing raw water supply wells and the raw water piping system will be considered. This project will also evaluate financial alternatives, rate structures and rate alternatives based on market rate and cost recovery. McKim & Creed will be assisted by Burton & Associates for the financial modeling phase of the project to insure proper coordination of the evaluation with the water and sewer rate study. SCOPE OF WORK: RECLAIMED WATER MASTER PLANNING A. Identify potential large reclaimed water customers by reviewing potable water consumption records, reviewing land uses, and discussion with City staff. PF96125 CITY OF CLEARWATER - Reclaimed Water Master Plan Update July 29,1997 Page 2 B. Identify and evaluate additional alternatives for beneficial use of reclaimed water. C. Develop a priority ranking system based on factors including potential reclaimed water usage quantity, proximity to existing facilities, land use, potential potable water offsets, cost of extending facilities and indication of return on investment, and probability of resource usage. We suggest a survey be prepared and distributed to current water customers to assist In Identifying potential customers of reclaimed water. D. Review and refine projected irrigation rates for identified priority sites. E. Determine potable water offsets for the potential reclaimed water service areas. F. Utilizing the prioritization of target reclaimed users, McKim & Creed will modify the existing master plan of infrastructure necessary to extend reclaimed water services to these sites. G. Develop a prioritized list of projects which can be logically constructed based on the current facilities. H. Develop budgetary costs of expanding the reclaimed projects based on the priority and feasibility rankings. Adjust the rankings if necessary based on costs of construction estimates. 1. Perform preliminary hydraulic analysis of the major transmission facilities to determine pipe sizing and pump station design requirements. J. Develop preliminary pumping and storage facilities sizing and locations; examine storage volumes and control strategies. _ K, Develop an overall map of the City's existing reclaimed facilities and proposed facility construction. L. Identify potential grant funding for eligible projects on the priority list and include the impacts of grants in rate analysis described in the "Financial Planning" section of this work order. POTABLE WATER SYSTEM EVALUATION A. Verify system average day and peak demands. Review annual water reports to verify volume of water generated by the water supply wells operated by the City. B. Identify trends in water usage and population to predict any changes in average and peak demands for potable water. Review projected water demand for 20 year planning period and adjust as appropriate based on reclaimed water planning. C. Assuming the trend of quality groundwater supply continues to decline, determine supply parameters for additional potable water from Pinellas County, or Investigate water supply alternatives, PF96125 r CITY OF CLEARWATER - Reclaimed Water Master Plan Update July 29,1997 Page 3 D. Using the hydraulic model updated for previous work order for Reservoir No. 3, evaluate the following conditions. 1. Evaluate size and configuration of connecting pipelines for Pinellas County Water System to Reservoir No. 1. 2. Evaluate using existing 20-inch main along Gulf-to-Bay to dedicate to supplying water to Reservoir No. 1. 3. Evaluate use of booster pump station in conjunction with either pipeline alternatives. 4. Identify distribution system piping needs in Clearwater to achieve minimum system pressures of 50 psi. E. Perform route analyses for the proposed water supply main from the County's pipeline along Belcher Road. F. Update budgetary estimates of the alternatives for comparison. G. Coordinate alternative evaluations with master plan update for reclaimed water facilities specifically related to use of raw water pipelines and other aspects as appropriate. H. Evaluate options for utilizing the raw water system infrastructure. The alternatives to be considered include: 1. Abandonment 2. Utilizing one or more pipelines for new transmission main from County Main on Belcher. 3. Utilizing pipeline system for reclaimed water distribution. 4. Utilizing well and/or pipe systems for use in augmentation of reclaimed water for irrigation. 5. Selling the system to the County or other local government for use in water supply to high level treatment process. 6. Assist the City In evaluation of the advantages/disadvantages of continuing operation of the potable distribution system versus transfer of ownership and/or operation to County or private entity. FINANCIAL PLANNING A. Develop a funding, financing plan for reclaimed water facilities identified in the Master Plan, Including consideration of potential project phasing, sequencing and timing alternatives through build out of the system. PFD6125 CITY OF CLEARWATER - Reclaimed Water Master Plan Update July 29, 1997 Page a B. Evaluate reclaimed water rate structure alternatives and develop a reclaimed water rate structure that includes commercial and industrial rates that will meet the City's objectives. C. Determine the impact of funding reclaimed water system improvements on the water and wastewater rates due to; - 1. offset of potable water usage and 2. allocation of reclaimed water system costs not recoverable under the reclaimed water rates due to market pricing limitations, if any, to the water and wastewater rates based upon the benefit received by each system. D. Determine "market" reclaimed water rates in the Tampa Bay Area by update of a previous survey of reclaimed water rates in the Tampa Bay Area which was conducted in 1994195. E. Refine the Rate Alternatives for Financing Reuse System (RAFRS) model to allow the City to perform reclaimed water rate scenario analyses addressing the above factors. F. Using the RAFRS model, develop a baseline scenario for reclaimed water rates and two (2) alternative rate scenarios identified during the project with the City. Rate scenarios will address: 1. variables in the rate structure such as inclusion/exclusion of up-front capital cost recovery feestassessment, use of cost based versus "market" driven reclaimed water rates, alternatives regarding grant funding of transmission mains, etc., and 2. variables in the Master Plan such as project costs, phasing and sequencing and timing of implementation of projects, etc. G. Train City staff in the use of the RAFRS model. H. License the RAFRS model to the City for the City's use. 3. PROJECT GOALS - WORK PRODUCTS., A. Reclaimed Water 1. Prioritized listing of specific projects for expansion of the reclaimed water system. 2. Set of maps showing locations of proposed system components. 3. Preliminary hydraulic model of the major system components. 4. Rate Alternatives for Financing Reuse System (RAFRS) Model. S. Result of two (2) alternatives rate structure scenarios. 6. Outlined Grant Application Process with Southwest Florida Water Management District. PF96125 r CITY OF CLEARWATER - Reclaimed Water Master Plan Update July 29, 1997 Page 5 B. Potable Water 1. Report on evaluation of additional water supply connection to the County. 2. Updated Potable Water System Hydraulic Model. 3. Recommendation on continued operation of potable water supply. 4. Recommendation on alternatives and procedures for discontinuation of existing City water supply system. 4. BUDGET These services shall be performed on an 'Actual Cost Method" basis with McKim & Creed's prevailing unit cost sheet. The total fee shall not exceed $126,800.00. Reclaimed Water Master Planning: $55,000.00 Potable Water System Evaluation: $29,000.00 Financial Planning: $42,800.00 6. SCHEDULE McKim & Creed will complete a draft of the planning documents within six (6) months of receiving notice to proceed. 6. STAFF ASSIGNMENTS: City: Richard Baier. Te Jennings, and Gardner Smith McKim & Creed: Street Lee Dan Cote and Michael Burton 7. CORRESPONDENCEIREPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to Street Lee. All City correspondence shall be directed to Richard Baier . S. INVOICINGIFUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Continuing Contract. Charge this work to City Code No: .3-t5-9&739-530100-533-000 315-96740-530100-535-000 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review and these submitted plans to ensure that such plans are free from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate of Occupancy does not relieve me of my own quality assurance review. PF96125 r • CITY OF CLEARWATER - Reclaimed Water Master Plan Update • July 29, 1997 Page 6 1 hereby certify that all facilities have been built substantially In accordance with the approved permit design plans and that any 'substantial deviations (described in attachment) will not prevent the system from functioning in compliance with the requirements of applicable regulatory authority. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents which I may subsequently tender. 14. SPECIAL CONSIDERATIONS: None PREPARED•BY: CITY: McKim & Creed: /$cliard J. 13?ler, P.t. A. Street Lee, P.E. Project Manager 4 S PF96125 ti CLEARWATER CITY COMMISSION Agenda Cover Memorandum licnl #I Meeting Date ! q.,7 SUBJECT: Request for Proposals - Alligator Creek Trunk Sewer Cleaning and Television Inspection (97-6) RFP#90-97 RECOMMENDATION/MOTION: Approve the staff ranking for Alligator Creek Trunk Sewer Cleaning and Television Inspection (97-6) (RFP490-97) of Kimmins Contracting Corporation (I"), Infrastructure Rehabilitation Services, Inc. (2'd), and Video Industrial Services (Y) and award a contract to Kimmins Contracting Corporation of Tampa, Florida for the sum of $390,420.00, and additionally approve the sum of $39,042 for a contingency fee of 10%, n and that the appropriate officials be autitorired to execute same. SUMMARY: • The City of Clearwater solicited proposalstbids (RFP) from qualified specialty sewer service contractors to perform sewer cleaning and internal television inspection services for a major segment of the City's Alligator Creek Trunk Sewer. The section to be cleaned and televised begins at Belcher Road and proceeds east to the City's Master Pump Station at McMullen Booth Road (approximately three miles). A total of three (3) proposals were received and opened in the office of the Purchasing Manager on May 22, 1997. The decision to obtain bids using RFP's was made based on the diversity of cleaning and televising methods. The great variation in the prices is a reflection of this fact. • The Alligator Creek Trunk Sewer has been in service for approximately 30 years and has not been cleaned in this period. Over this time, the line has accumulated sand and grit to the degree that the flow-carrying capacity of this line has been greatly reduced. This debris additionally serves as a culture media for the growth of anaerobic bacteria. This bacterial growth generates hydrogen sulfide gas that is toxic, destructive to the pipe itself and has an offensive odor. The television inspection component serves a duEl purpose of determining the effectiveness of the cleaning operation and allows a determination to be made of the structural integrity of the pipeline. Because of the investigative nature of the work, we may make discoveries in the cleaning process which may require some alterations in the contract work such as spot repairs. The contingency fee of 10% of the contract award is proposed for the accommodation of discoveries and to be used for both spot repairs and any necessary alterations to the contract work. The south interceptor line to East AWTF, of the same generation and materials as the Alligator Creek Sewer, had to be lined several years ago. We will evaluate the condition of the Alligator Creek Trunk Main after we receive the videos from this contractor. continued: Reviewed by: Originating Dept. Costs: 5390.420.00 Commission Action Legal Engineering Services (Currant FYI X Approved Budget User Dept. ' Funding Source: Approved k-Al w/conditions Purchasing Engineering Services Capt. Imp. X Denied Risk Mgmt. NIA Advertised: operating Cont'd to is NIA Paper: Tampa Tribuna Other Date: 04125/97__ ACM Paper: Warfield's Tampa Bay Review ENG. ` Dale: 04!04197 + Not required: OTHER Affected parties Appropriation Coda(s) Attachments: notified Submitted By: 315.96666-563800.535-000 Bid tabulation City Manager Not Required N A U f4 ' Page 2 continued: .Agenda Item Request for Proposals - Alligator Creels Trunk Sewer Cleaning and Television Inspection (97-6) RF 490-97 • A selection committee was formed comprised of the following departments, Engineering Services (2); Public Service (1); Finance (1); Water Pollution Control (1) along with Ken Wilson of Post, Buckley, Schuh and Jernigan, Inc. • Inasmuch as only three (3) proposals were submitted, all were invited to give presentations. • Each candidate was evaluated according to the following criteria as enumerated in the RFP: Contract Price (40%); Contractor's experience and methods to protect pump station and treatment plant (30%); Contractor's methods for cleaning and video taping (309A). The final ranking of the committee in descending order is listed as follows; CQNTRACTQR SCQRE (Rounded to nearest whole number I. Kimmins Contracting Corporation 91 2. Mrastructure Rehabilitation Services, Inc. 71 3, Video Industrial Services 55 • This project will begin on or about September 15, 1997 and be completed within ISO calendar days. • .The available balance in Capital Improvement Project 315-96665, Sanitary Sewer R&R is adequate to fund this project. 1.. .. N 8 8 8 8 8 8 8 8 8 8 g N . ? f"" 1/1 N Y! tN M tl! N! N 6H N M r x c? 8 Sp S S 8 S S 8 8 p 8 O [X W '.6 0 Lh ai c?i M S O p g ? wn CL C g or 5 m z IA N W H fN h fR h N M o cs S S S 8 8 8 S S S S S g C N M qr N L w p Qi r ? r fp r er 'f S ?0„ h H V? Y! N N! N H M 69 U! ?r co w_ S S S S 8 8 8 S ums .0Z' C??i N 47 cD tq ?Q n. a t Ir ? 00 w? . . . N w h . w H c? S S S S S 8 S S S 8 $ o g C5 J ?, Y! fA pN Vi N H pN V! V! M N ?- Q. {W7 S S O S N 8 O S p O S w z a N M N M n cm } 52 z H h H N . N N H V! V? F § S w t6 ? ?! N M r Z Y Z T• z z z to Rc to a '? o o m.z w .? C) o m?zw $ of voorf. o o 0 w° Ic u + m a.mz ?" .- N e?? et m m an m 0 Aug-27-97 03:01P P.01 KIMMINS CONTRACTING CORP. IJi:r.N X NO. CG COM782 July 30, 1997 NPURESAVER'FAXMEMO 01515 Ds1e .2 a Dn1 CG/DlvL cc PIWd I Phonl 1 Fa%# 11a, Mr. Richard Baler, City Engineer City of Clearwater 1100 S. Myrtle Clearwater, Florida 33756 Reference: Alligator Creek Trunk Sewer Cleaning and Television Inspection Dear Mr. Baler: Fax 562-4755 ?1 i Y Y-J 0 • If the above referenced project is awarded to Kimmins Contracting Corp, In the next sixty days, we agree to do the job for our bid price. We want to do the job, but we can't wait forever. If any additional information is needed, please feel free to contact me. Very truly yours, KIMMINS C NTILACTING CORP. hit V. Simon, ]r. resident JVSlcros xc: Terry Jennings, City Engineer File rep P07- 1,501 2ND AVENUE • TAMPA, FLORIDA 33605 • (813) 248-3878 • FAX (8 1 3) 247-0183 • "An Equal Opportunity Employer" ?F o AE201NTMENT _WORKSHEET FOR COMMISSION MEETING September 4 1997 6PPOINTMENTS Agenda BOARD: Clearwater Housing Authority MEMBERS: 5 TERM: 4 years CHAIRPERSON: Howard G. Groth APPOINTED BY: Mayor, Approved by City Comm. MEETING DATES: 4th Friday FINANCIAL DISCLOSURE: Required PLACE: Robert H. Levison RESIDENCY REQUIREMENT: City of Clearwater Community Center SPECIAL QUALIFICATIONS: One member must APPTS. NEEDED: 2 be a Public Housing Resident (effective 1011184) DATE APPTS. TO BE MADE: 914197 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name A ointment Record reanaointment 1. Robert Aude 1991 to complete a term, his 1 st term 1993 YES 2. William Ethington 1995 to complete a term 'YES 7196-7197 - 13 meetings Mr. Aude present 10/absent 3 Mr. Ethington present all current terms expire 9130 The Mayor, with Commission approval, reappointed Mr. Aude & Mr. Ethington Clearwater City Commission Agenda Cover Memorandum Item Meeting Date: f . Q L SUBJECT: City of Clearwater representative to the Long Center Foundation Inc. Board of Trustees 1 RECOMMENDATIONIMOTION: Appoint Commissioner Johnson as a City representative for the Long Center Foundation, Inc. Board of Trustees for the term 9130197-913012000 ? and that the appropriate officials be authorized to execute same. SUMMARY: This board was formerly known as the Center Foundation Board of Trustees. Joe Evich was appointed to this board at the 10/17/94 meeting for a 3 year term expiring 9130197. He is not interested in reappointment. The City's other representative on this board is Candace Gardner. No other volunteers for this board are on file with the Clerk Department. . The bylaws for this board do not preclude a City Commissioner from serving on this board. The board meets on the 3rd Thursday of the month at 4:30 p.m. at the Long Center. Reviewed by: Originating Depa Commission Action: Legal NA City CI Costs: ? Approved Budget NA Total C3 Approved with Conditions Purchasing NA User Departmen . ? Denied Risk Mgmt. NA Current Fiscal Year ? Continued to: Is NA Funding Source: ACM ? Capital Improvement Other NA Advertised: C] Operating Date: ? Other: Attachments: Paper: Submitted by: ? Not Required Appropriation Code R 8 Affected Parties ? Notified ? None city Manager ? Not Required 0 Printed on recycled paper 07-'28;97 10:15 V813 221 8!!11 a==d by &nturn-w Earl Burett Engineering Department City of Clearwater P.Q. Box 4748 Clearwater, FL 34618-4748 S S & N PA 30 EAST MENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby acknowledged, and the bent its to be derived therefrom, KEENE, INC., a Florida Corporation 1822 Montclair Road Clearwater, FL 346234130 doss hereby grant and convey to the CrI Y OF CLEARWATER, FLORIDA, a Florida-Municipal Corporation, an easement over, under and acrossihe following descnbed land lying and being situate in the County of Pinellas, State of Florida, to wit: 'f.114 OF SEMON 01- C?'1aVA S IIP 20 SL?iF_F.H,. RANQE IS EAST_ PINELLAS„Q]IlUX-E1..;MSS PARTICULAIRT Y _I]F?CR[BE11 AND DE- PICTFD III "A„ ATTA HERMO. AND BY RE E A XART BEE E(M CTroperv) This easement is solely for drainage and utility installation of a concrete or equivalent drainage culvert to be installed by the City of Clearwater at its cost and expense, and thereafter maintained by the City of Clearwater at its cost and cxpensa. the CTTY OF CLEARWATER, FLORIDA, shall have The right to enter upon the above described premises and to construct, install and maintain thereon any drainage and utility facilities and to inspect and alter such drainage and utility factIldes from time to time. This easement shall not preclude Keene, Inc., its successors and/or assigns from constructing a road of concrete, asphalt or other material on the Property provided, however, that no actual stricture shall be placed on the, property. IN WITNESS WHEREOF, the undersigacd grantor has caused these presents to be duly executed in its name this 29t:h day of Jul ? 1997. Signed, sealed and deUv STERI N F. K?iE, INC., amI rY Public, s, MtMpM Y a Florida Corpooration No. 30J5uo ew Yodl aunu? 1n Ne,v york Co . ewe Jupo a4 By: ly: JAI n SS sr t?ue ue aPctcr?;.-Rush. President Print Witness Name e-? ss s; i uA??r-cQ nn/ fb 11 Io Print Witness Name FADATItiWM)WEE MWElHF1+l7.MBR +r U7 25;07 16:1$ V813 221 8811 S S & 4 PA Z ot)4 Pace z Drainage & Utility Easement Grantor: Keene, inc. Grantee: City of Clearwawr RE: S01 Twn. 29S-RISE Attest: I *eCreestacry ush, Vice P resident, nd Treasurer Print Witness Name STATE OF NEW YORK BOROUGH OF NEW YORK : The foregoing mum= was acknowle4 before me this 29t1hy of July 1997,,by Peter S. Rush, President of KEENE, INC•, as duty authorized by resolution of.the board of directors of said corporation, and on behalf of said corporation for the purposes therein described. ; STEPHEN F. MURPHY 140tary PWIC, ;;ta'.o of liew YO* ND. 6475340 o Pub- tats Of Nq Y4 QtmtMed in Now York Co" AJ Stephen F. Murphv I/ tb mr'ra"on Expires Jur?e 3Q, 19.. TypoTrint Name 1>4 Personally Kmwm [ l Produced Identification 'type of Ydeatificafion Produced STATE OF FLOMA COUNTY OF F1*.IVELLAS The fbmgoing iasuument %vas uct:nowlcadSW beforz me this day of $? 1997 by Agnes C. Rush, Vice President, Secrctsry and Treasurer of KE , INC., as duly authorized by resolution. of the board of directors of said corporation, and on behalf of said corporation for the purposes ftrein descrtiW. WC%WLWa1cmi101mm Notary Publi - tale of Florida ?atico r, i?' y, W- E. rc "? Type! Print Name Personally Known [ ] Produced Identification Type of identification Produmad a;/28.'97 1t3:19 %%313 221 8811 S S & Y PA Exhibit "'A" QUUS H 341 i }{'? ?i5 r2 f/ V Nlr CSR, t3f' x SEC 1-29-11 u a u { ` o ..I g' ..'saOL_ s!! 1 ?• e e c 1 I L Y f l i . . P.O.S. W A T E R .EDGE 70WNH0, 91 - 34 Bergin from the Northwest corner of Section 1, Tr wnship 29 South. Range 15 East. anal run thence along the Kest line of the said : anion 1. otso then R/V? centerline of Keene Road. S 00"07'05 W , 1,320.40' to a point of ntarsection with the 40-ccea lint. thence olong the sold 40-ocre line. 5 89'4lW2r F, 180.00'. thenee N 34'l0'3V E. 150.61' to the F.0.9.: thence eontin is N 34'10'36' E. 15.72% thencee S 38'20'42 E. W4.03' to the northerly R/W of ?iontelair Rood. thence along the said R/W line, alon1q the ore: of a Curve to the t A. R-370.03'. COmS 53'13'43' W. CuMOV: thence N 313'20'42' W, 298.89' to the .7.0.9. Containing 4.517 S.F. / .1 Acres MOlr 8-370 03' CB S5313'43'W Ca a 5.01' xr 1/-If117 ^ V?Mo" n7 rwamr fin Carr or C1.94140M novena PMINaMc DEPA Mmrx eJlen411171e COMM U7'1.8197 13:19 V813 221 8811 S S & \ P{ AFFIDAVIT OF NOUNS SThTS of NM YORK BORMJGR of NEW YORK , Vj Url6 BEFORE M, the undersigned authority, personally appeared Peter S. Rush, President of KEENS, INC., a Florida corporation, whom, being first duly sworn, does depose and say: 1, That said corporation is the owner of legal and equitable title to the following described property in Pinellas County, Florida, to wit% 2. That there has been no labor performed or materials furnished on said property by grantor for which there are unpaid bills for labor or materials against said property, except: NO1'W 3_ That grantor has caused no liens or encumbrances of any nature to encumber or effect title of the property hereinabove described, except: NONE. 4. That it is hereby warranted that no notice has been received by grantor for any public hearing regarding assessments for improvements by any government, and it is hereby warranted that there aCe no unpaid assessments for which grantor may be liable against the above property for improvements thereto by any gover=ent, whether or not said assessments appear of record. 5. That there is no outstanding sewer service charges or assessments owed by grantor and payable to any- government. 6. That the representations embraCed herein are for the purpose of inducing OF TzR, its agents, successors an s gns to thereon. 011 d7, 4 sY WS Peter S. 10= h, President r flira KEENS, INc., a Florida Corporation witness, Printe S- u C? Witness' Printe Sworn to an L-eu N Y P C - rint/ TYP ame OMVK-? ribed to before me this day of 1997. Notary Pu.'?i:, :..rtJ ;'7GWYotic No. e;)75340 01i !IY r6Y;an rJxWr 3 Jun ? A _ w .. ? ,Yv?.,.».? Personally Known [ Produced Identification Type of Identification Produced rr P 07/28/97 16:19 U813 221 8811 S S \ PA Exhibit „A" "341 -'WE ?1S r21 ¦ . ... NW COA. QE f E SEC 1-29-15 u edc 1 . g? e 0 I ? Y ? i W A 7 E R E D G E T 0 W N H 0 91-34 Begin from the Northwctt corner of Section 1, To wnshtp 29 South, Ronge 15 East, and run thence along the crest lint/ of the said ' ection 1, dao the R/W ccnlerline of Keene Road, 5 00'07'05' W . 1.320.40' to a point of intersection with the 40-aerg lent; thtne* along the sold 40-acre Jim. $ 89'4$27" E. 1$0.00', thence N 34'10'35' E. 16D.51' to the PAS,; thence canon It N 3410336" E. 15.77', thence S' 38'20'42" E. 3N.03' to the northerly R/W of lantclair Rood; thence along the said R/W line, olonV tht ore of a curve to the I A, R=370.03', C8m5 53'13'43' W. C.15.01% thence N 38'20'42' W. 29B.89' to the P.O.B. Containing 4,517 S.F. Acres MOL t N-370 Q3' CB S53113143'w C? s 5.fl1' ?y? IIlI:? srr 11? s'rr cif W e" #"W W*Wr4c•sWWrf PPVAMM PT' a+r cr mr4waym non" TT+atNR;RaG DrPAltT3o:7rT o?seaalsc mlress r MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Pamela K. Akin, , City Attorney 31 RE: Charles W. and Brenda N. Walter vs. Olen K. and Pamela A. Marks, Jr. And City of Clearwater, DOAH Case No. 97-0035 DATE: September 3, 1997 am requesting authorization to file a petition for writ of certiorari to appeal the hearing officer's decision in the above case. On December 12, 1996, the Development Code Adjustment Board granted the Marks' 3 variance from the 15-foot side setback requirements that would allow a 7.5-foot sideyard setback for a single-family residence. The lot is long and narrow, approximately 94 feet wide by 440 feet long and the southern boundary is the northern boundary of Walters' lot. The Board's decision was appealed by the Walters. The administrative appeal hearing was held on March 28, 1997, and the Administrative Law Judge issued his opinion reversing the Board's decision on August 18, 1997. We believe that the Administrative Law Judge did not give proper weight or deference to the Board's decision below. The opinion is very narrow and restrictive and applies an inappropriate standard for granting variances. PKA:jmp Copy to: Michael J. Roberto, City Manager 5 Y The Church of Scientology 3a ql? RFCFI\1 Fn AU G 1 s 1997 CITY MANAGER Mr: Michael Roberto City Manager P.O. Box 4748 Clearwater, FL 33758 Office of Public Affairs 118 N. Ft Harrsion St. Clearwater, FL. 34615 (813) 443-3748 (813) 442-0375 fax August 19, 1997 RE: REVISED STREET CLOSURE REQUEST Dear Mr. Roberto, As previously communicated in my letter of August 1, 1997 the Church of Scientology will be holding an event on the evening of Friday 12 September at our Fort Harrison Religious Retreat at 210 South Fort Harrison Avenue. In the letter of August 1st we requested permission for full closure of one block of Fort Harrison Avenue from Franklin to Pierce streets. We have since revised this plan and now would like to have only one southbound lane closed for this event. I have enclosed a map showing the partial street closure, with one southbound lane of Fort Harrison blocked off between Pierce and Franklin Street to ensure safety of attendees. Since this arrangement has worked well for past events we would like to do this again. The required safety fence per the attached Maintenance of Traffic play. (623) will be used. On the day when we can fully trust each other, there will be peace on earth. L. Ron Hubbard -- from Scfenfology: a New Slant on Life oc wsjo-mimbyt- Run 11UUw L AU nV1X reserved c Copyriot 1993 by ow cinrrd, orscientoogy, ling Scrvica orSanirAtion, Inc. Scientoioty is a tradenuuk and servida mark o%iwd by Rdigious 7 eduioiogy Center and Is used with its pcmduion. . y r.• '.t: .1..... ,sir..... -...._ .a r? _2.. As part of this request, and as needed the Church would like to have a representative be allowed to address the City Commission on this matter at the next convenient Commission meeting to get the needed resolution introduced and passed,as required.by the Department of Transport. Thank you for your assistance and cooperation. Sincerely, Mary Story Community Affairs Director cc: Ream Wilson Director Parks.& Recreation Dept City of Clearwater i' 4 _C ? ?r r s Za? IS i ? I Vol e VJ off.. 1 • S ?wti ?i? C w w 4 w ? k ,6„w•fi•???w w??Www ? wy ?,$ ?'uww??ti 4 lit, t p ? t! ? ? ,? gN?¦¦f!?`3 •I? ?N? ? • 1 • ? .rL o0 c m 1• ? ?Y s lie w u w? ;,4za wwQ?til: I I a .a; a tr`t ? R I ] ? d o al i ?i I . i 4 8A 4 a ? f ?. j? a 4? W?` 4 , ti ? Q a q Is N , w 1 JIV IS.' ti a » E ?w Ng ?° xg x •? 1 Y1 1p A O O kF . O ss Y Y y ? y ??? * Y I? Y ? CCC ?E O'er 4 Y? eel S tl?? Y ?o2ti ???, bx y C L g Yb b Y N ??.gQQY y ? Y w eta s 4 u ,g Y a 4 ? 4 4 y V ,? ? ., a Q 4 M a? ^,' 4 0 0 1 .+i.•r•nr. . .,v. .a. r4'1l r:?1• .r.. ..r.. .r/,??. ...•i.?•r`••????'1?^?^I...?yl..?li ,?; .. ..?. .. r? .. .. ... ,e.i..? ?.. ..1•. .. . .. •a jig N CLEARWATER CITY' COMMISSION lag M 5-1 C 2 Agenda Cover Memorandum 33 Item # Meeting Date 9, L4. q r7 SUBJECT: Bayview Avenue Street Name Change RECOMMENDATIONIMOTION: Consider Resolution Number 97-51 Officially changing the name of that portion of Bayview Avenue lying South of Gulf-to-Bay Boulevard and within the City limits of Clearwater to "South Bayview Avenue" N and that the appropriate officials be authorized to execute same. • The street name change to "Old Bayview Avenue" was denied by the City Commission on June 19, 1997. However, residents have requested the item be reconsidered. This agenda item proposes the name "South Bayview Avenue". • Mr. Jack Alvord, President of the Historic Bayview Association, submitted a petition signed by 20 residents requesting the street name change to "Old Bayview Ave."; 11 of those signing are residents within the City limits. The remaining 9 are County residents. • It is the Association's belief the street name change will improve the response time of emergency vehicles. Residents state on many occasions the police, paramedics, sheriff and ambulance have initially responded in error to Bayview Avenue on the North side of Gulf-to-Bay Boulevard. Staff is contacting emergency agencies to obtain their opinion if the name change will improve response time or if the present name has delayed response in the past. The results of the survey will be gathered prior to Commission Work Session on this agenda item. • An additional concern of the residents is children crossing Gulf-to-Bay Blvd. to the school bus stop. The residents feel that by changing the street name, the Pinellas County School Transportation Officials might recognize that their children live south of Gulf-to-Bay Blvd. and consider an additional school bus stop to avoid children crossing Gulf-to-Bay Blvd. Reviewed by: Originating Dept. Costs: Commission Action Legal ZZ, 16A ENGINEERING R3 / / (Current FY) Approved Budget NA User Dept. Funding Source: Approved Purchasing NA wlconditions Capt. Imp. Denied Risk Mgmt. NA Advertised: Operating Cont'd to is NA Date: Other Paper: ACM Not required: NA ENG. OTHER Affected parties Appropriation Code(s) Attachments: notified x Submitted By; Resolution 97-51 City Manager Not Required BAYIliEW AVENUE NPiME YHANUE AMEND.AGN RESOLUTION NO. 97-51 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, PURSUANT TO SEC. 28.02 CLEARWATER CODE OF ORDINANCES, CHANGING THE NAME OF THAT PORTION OF BAYVIEW AVENUE LYING SOUTH OF GULF- TO-BAY BOULEVARD AND WITHIN THE CITY LIMITS OF CLEARWATER, TO "SOUTH BAYVIEW AVENUE11 PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater received a petition with 21 signatures of residents that either live on Bayview Avenue or use Bayview Avenue as their access to their homes, requesting this street name change. WHEREAS, the City of Clearwater pursuant to Sec. 28.02 Clearwater City Code of Ordinances wishes to change the name of that portion of Bayview Avenue lying South of Gulf-to-Bay Boulevard, within the City limits of Clearwater, to "South Bayview Avenue" BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section J. The portion of Bayview Avenue, lying South of Gulf-to-Bay Boulevard, within the City limits of Clearwater, as shown on the attached Exhibit "A", is hereby named "South Bayview Avenue", subject to Pinellas County approving that portion lying within their jurisdiction. Section 2. The City Clerk is hereby directed to record this Resolution in the public records of Pinellas County, Florida, upon notification of Pinellas County approval of renaming their portion. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1997. Approved as to form: ohn Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Cleric RESOLUTION NO. 97-51 Resolution 97-5I J, Clearwater U Interoffice Correspondence Sheet To: Richard J. Baler, City Engineer From: James E. Goodloe, Fire Marshal { CC: Rowland Herald, Interim Fire ief Date: August 18, 1997 RE: Proposed Bayview Avenue Name Change "V This Department has reviewed this issue with some concern. Our Interim District Chief of Operations, Gordon Yaudes, has reviewed past responses and conferred with our first response units from Station #49. Each of our emergency response units has on board a "Grid Book" which defines each specific response area within the City's Fire District. This book is used in conjunction with the street numbering system to determine where a response is to be directed. In response. to your specific questions; a street name change will not have a direct effect on response times to this area. Secondly, the present name has not directly presented a response delay tj this area. If in fact, a delay has been caused, it is probably attributed to human error and not the name of the street. Although, the Fire Department does not oppose the proposed name change, I must inform you that it will not have a direct affect on response times or service delivery to the community. f R- JW 1 A ?i m?? ,,fi=r r'?',,,.,.>>a`?:,' 'r ?1 ..-?YS:'?]':..y ?.a..,.... •.... sA'f:E„'Esg .?i?4;rx Fe /?... ......_ ? .. ?., ,:Y' ... .. ... . . . i August 28, 199.7 W. Richard J.-Bsicr, P.E. City of Clearwater P.O. Box 4748 146184748 E Dow W. Baicrt I?1 In reference to ,our inquiry ofrmming B , iew Avc, south of Gulf to Bay Blvd, our department agrocs with the tcsitic4s, that this would bo an a nn and viablc change. E , 'no cenMing ?f thr. street to Old Beyview , ve, will in fact eliminate any possible duplications of addresscs. This would be p positive imnproveoncnt whisk we would bo hum to accowtuodate, should this action take ; place. ?.. If there are any further questions, please free to contact the at 464.4 120. Re.?uy, I I . Ellie Camp Information Systems Toc Pinallas Coun Emergency Con=unicat .c ECIjI"R cc: Jacquibixe Wc'snreirh, Computcr i i f z 'd k . Managcx Z t 05 P97 5N0 T 1b0I Nfl -4,400 Jd9t•43 OMW 1Ad t 0 : Z t L661-CO-6 u ;?Y P 1 CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Richard J. Baler FROM: Captain Robert Jone nications Division Commander COPIES: File SUBJECT:. Bayvlew Avenue Street Name Change DATE: ' August 21, 1997 Bayvlew Avenue is no different than any of the other City streets that have both a north and south street direction (Le.... N. Duncan Av. - S. Duncan Av.), as far as the Police Department is concerned. In fact, the section of Bayvlew in question is easily differentiated from N. Bayvlew Av, because it does not havfj a similar block range. The present name has not presented any unique problems concerning Police response times. Changing the name of the street should not have any impact on Police response times one way or another. The Police Department's Computer Aided Dispatch System contains all of the streets and jurisdiction breakdowns far, addresses within the geographic boundaries of Clearwater. Please contact Brian McLaughlin, Communications Supervisor, at 562-4234 if you should require any additional clarification. RWJ1bsm 1 OIL- AUG 22 9-08--1997 12.29PH FRO14 CENTRAL PERMITTING 813 562 4576 SEP-03 97 ii:iS F'ROM:PCSO CUMMUNxCi'1ti1M i:U-bW-1Q2 IUI.9t) }rte Soap-03-107 11:53A P. 2 tba P,OI .? C` h?..,`C/., CITY OF CLEARWATER Piny Umrx HM 4748. CL?wrrATU, R(Atw 3461,4.4741 August 11. 1947 Pinellas County siherifes office frdmattu6=tion Center 10754 U rnerten RBI. Larp, M 33779 Attn.: Lt. Joseph Brady Rial aayvfew Avenue Street Nome Change Pmw r.t. Drxdy: ?F Recently • peunon was submitted to the City fmm residents along 13ayview Avenue, south of gulf-to• lily iiovlttvartl, to change the come of the sMt to "Oki Blyriew Avenue", The proposcd name change gent Wore the City Contmisaum in the Corm of a Resolution on June 19, and wu dcnW. Since the mccting, reAdcntl have taquested that thi4 item be presented to die Commission amain and .racanaWerM. A reap showkig the Emits of the praposed name changt is enclosed hertwith. 1 Y , . , The purpate of this letter to to request Imo' input in writing as to whodw the nxtne change Witt improve response dryer of emergency" ids or if the present near has pratoted a response dewy in the }past. Cite rettdents stile th2t on many occasions when the police. guumcdici, =httifF and arnbuiance have bare coed, they have inkixty responded in error to the pottion of lbyviaw Avenue on the Norte tide of 43M1f to•fhy Doadc aw. Because sraff hm rnscheduled this item to be heard at the Septembor 4A' Cummia:ion Meeting your comments, via fax ot letncr, prior to September 1" woWd be Smady appreciated. Oor PAk number k 3dx-4755• Pltattte contact Tom Mah9ocj, CAD Arrxlyst, at 5624762 if you should have any questlon%. Thwtt; you for your assistance in responding to this manly in a timely ntennor. Sincem . `? ?G A JeAyfli-ow '4vc wota v &Jeo Td 'T/l p ?.oTrr,i y7w,rTrt ,4 c,.0 . Or+$ ). Urr, P. 1' • Cy 6 Enginucr / 9/J/!] alp/Rip/bp encl. . 1k +..s Awww (Lw,eM??rl tla+!" 1 1110aE allitatrfailtal M nISH ('b p jT&1. Sv s ePK RR?ta1Y rw? ?s t+ t- MA Ak,,V t-k ?rul -1111-+a goastwds? it W00%mir AA'V l:etuta•ss" 1. r 9-03-1937 12:29PM FROM CENTRAL PERMITTING 813 5G2 4576 P.3 1 111 1'1$10 11 1 &. . I- VaV 41W 1LVJ Vur WV ? . ¦? } • .r• 9999 I ... `? 1 11M r r.y? ? CITY OF CLEARWATER Paler Offn Hai 4748, CL%A"Aiu, Fume 34618.4748 August 11, 1997 Florida State HighwayPatrvl Cornmunicadon Center 11345 McKinley Dr. N. T=arxk FL 33612 Attn.: Marisol Me mid 1r RE-. Bayvkw Avmue•Stiect Netme: Change Dcar Mar*l Mercid: Reccndy a petition was subrni ted to the City from residents along Bayview Avenue, south of Gulf-to- Day Boulevird, to change the none of the sheet to "Old Dayview Avenue', Tha propowd name change went before the City Commission in the form of a Resolution on June 19, 1997 and was denied. Since the meeting, residents have =quested that this item be prescmwd to the: Commission again and reconsidered. A =p showing the limits of the proposed name change is enclosed herewith. The purpose of this letter is to request your input in writing as to whether the name change will improve msponse time of emergency vehicles or if the present name tins prt tented a response delay in the past. The residents state that on many occasions when the police, paramedics, sheriff and ambulance have been m1le d, they have initially responded in error to the portion of Dayvicw Avenue on the North sick of Gulf-to-73ay Boulevard. Because smff has rescheduled this item to be heard at the September O' Commission Meeting, your comments, via f= or letter, prior to September i" would be greatly appreciated, Our FAX number is 5624755. Pk2w contact Tom Mahoney, CAD Anslyst. at 562-4762 if you should have any questions, 'rhanfc you for your assistance in responding to this matter in a timely manner. J' Haicr, P L W . 7° ' ci RJB/RU/bp A.? encl. bqvirwA.em Emrgv er Ropmn Lester 7.qt .llwert, YAn+ru DAFAKMAsrvtACTK*FMriOW MCI SUBJECT: Marina Slip Rent Increase Clearwater City Commission Agenda Cover Memorandum Item #- Meeting Date: 3-1-- RECOMMENDATION/MOTION: Adopt Resolution No. 97-49 increasing the Commercial Vessel Slip Rent by five (5) percent, except for Special Purpose (Parasail) vessel slip rent, which will be increased by fifty (50) percent and increase daily Transient Vessel Slip Rent from $.90 to $1,00, per foot, per day and monthly Transient Vessel Slip Rent from $11.00 to $13.00, per foot, per month, at Clearwater Municipal Marina ® and that the appropriate officials be authorized to execute same. BACKGROUND: • Resolution No. 96-59, passed by the City Commission on September 19, 1396, established the basic vessel slip rental fees to be charged to private, commercial and transient vessels at Clearwater Municipal Marina effective October 1, 1996. • Resolution No. 97-49 will increase the basic Commercial Vessel and'Transient Vessel Slip Rent at Clearwater Municipal Marina on October 1, 1997, to the following: (a) Commercial Vessel Slip Rent (other than Special Purpose Vessel) will be increased by five (5) percent across the board. (b) Commercial., Vessel Slip Rent - Special Purpose (Parasail) will be increased by fifty (50) percent across the board. (c) Transient Ves_sgi Slip Rent will be increased to $1.00 per foot, per day, for daily slip rent and to $13.00 per foot, per month, for monthly slip rent. • Ordinance No. 6085-96, which was passed on September 19, 1996, authorized the City Manager to approve vessel slip rent increases up to ten (10) percent annually, based on surveys of rates charged by other municipal marinas. This Resolution is brought forward because of the increase to Special Purpose Vessels (Parasail) and monthly transient vessels, which exceeds the ten percent allowed by the City Manager. • Under this Resolution, Permanent Private Vessel Slip Rent and weekly Transient Vessel Slip Rent will not be increased. The above increases in Commercial Vessel Slip Rent are in keeping with the Marina Business Plan. • Marina Tenants were advised of the proposed vessel slip rent increases in the July issue of the Marina newsletter SCUTTLEBUTT and the-recommended increases are posted at the Marina. ,The Marine Advisory Board reviewed and recommended approval of the proposed slip rent increase on August 13, 1997. Reviewed by: Originating Depart t• Costs: N/A Commission Action: Legal Marine ? Approved Budget NIA Total ? Approved wlConditions Purchasing NIA User Department: NIA ? benied Risk Mgtnt. NIA Marine Current Fiscal Year ? Continued to: Is NIA Funding Source: ACM ? Capital Improvement; Other NIA Advertised: ? Operating: Date: ? Other: Attachments: Paper: 1. Resolution No, 9749. Submitted by. X Not Required Appropriation Code 2. Marina Slip Rate Sheet. nA Y Affected Parties: ") L7 Notified ? None City Manager X Not Required 0 Printed on recycled paper V RESOLUTION NO. 97-49 3q A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING THE BASIC VESSEL SLIP RENTAL FEES TO BE CHARGED TO COMMERCIAL AND TRANSIENT VESSELS AT CLEARWATER MUNICIPAL MARINA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 33.028 of the Code of Ordinances of the City of Clearwater authorizes establishing of rental charges for use of docking facilities at the Clearwater Municipal Marina; and WHEREAS, the City Commission finds that it is proper and advisable to establish the charges for the rental of the Clearwater Municipal Marina boat slips and docking spaces as set forth herein in order to recover the direct costs for the marina building, slips, utilities and supplies; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. There is hereby established the following charges for the rental of boat slips and docking spaces at Clearwater Municipal Marina. . 1. Basic rental fees are: (a) Permanent Private Vessel Slip Rent Resident $3.75 per foot, per month Non-Resident $4.25 per foot, per month (b) Commercial Vessel Slip Rent Vessel 4 Passengers Resident Non-Resident $205.28 $235.46 6 Passengers 7 to 19 Passengers 20 to 39 Passengers 40 to 69 Passengers • 70 to 89 Passengers 90 to 100 Passengers 101 to 160 Passengers $241.50 $277.73 $277.73 $319.99 $301.88 $350.18 $392.44 $452.81 $477.75 $552.83 $546.00 $627.90 $600.60 $696.15 9 Resolution 9749 .`yy ...1.... rw ..ti 311r'!•h'v y'?''1 =121Yse .... 161 and over $982.80 $1119.30 Special Purpose - Parasail $562.50 $652.50 Multi Vessel - Small $241.50 $277.73 Multi Vessel - Large $301.88 $350.18 Yacht Broker - Seawall $241.50 $277.73 Yacht Broker - Multi Vessel $420.00 $483.00 Yacht Repairs - Island Estates $193.20 $223.39. Mooring Buoys - Island Estates $380.36 $440.74 High & Dry - Island Estates $14490 $169.05 Commercial Fishing - Small $193.20 $223.39 Commercial Fishing - Large $362.25 $416,59 Bareboat Charter $150.94 $175.09 (c) Transient Vessel Slip Rent Daily $1.00 per foot, per day Weekly $4.00 per foot, per week Monthly $13.00 per foot, per month Section 2. This resolution shall take effect on October 1, 1997. PASSED AND ADOPTED this day of September 1997. Rita Garvey, Mayor - Commissioner .; Approved as to form: Attest: John Carassas, Assistant City Attorney Cynthia E. Goudeau, City Clerk Resolution 9749 . , I • Clearwater City Commission Item #; 35 M f? Agonda Cover Memorandum Meeting Date: • q SUBJECT: Ordinance on Fishing. RECOMMENDATIONNOTION: Approve the deletion of Section 33.091 Shark Fishing (1) and (2) and addition of Section 33.091 Fishing, to prohibit fishing from Clearwater Pass Bridge, Island Estates Bridges and any other city property where posted, and pass Ordinance No. 6171-97 on first reading, G and that the appropriate officials be authorized to execute same. BACKGROUND: • Staff feels Section 33.091 Shark Fishing (1) and (2) is not necessary and should be deleted from the city code. • Section 33.091 Fishing (1), prohibits fishing from the Clearwater Pass Bridge, Island Estates Bridges and any other city property where posted. For several months, fisherman have been fishing from the Clearwater Pass Bridge which has caused a safety concern for boaters going underneath the bridge and pedestrians sharing the sidewalks. Fishing from the Island Estates Bridges is also a safety concern for the same reasons, plus at some bridges there is a lack of sidewalks. • Other city properties that are posted no fishing are the city public beaches, boat slip docks at the Marina, Pier 60 between the shore and bait house and the Sailing Center boat dock. • , This Ordinance was reviewed with members of the Marine Advisory Board, who concurred with the changes. • To make up for the loss of fishing on the Clearwater Pass Bridge, the city fenced off and opened the seawall area south and west of the bridge on Sand Key to fishing. • The city is also working on the installation of three (3) wooden fishing piers in the same area. These piers will be free and open to the general public 24 hours a day. Reviewed by: Originating nt: Costs: Commission Action; Legal Marine NIA ? Approved Budget NIA Total ? Approved wlConditions Purchasing NIA User Department: O Denied Risk Mgmt. NIA Marine, Engineering & Po a Current Fiscal Year ? Continued to: IS NIA Funding Source; ACM ? Capital Improvement: Oih r > ngineering Advertised: ? operating: Date: © Other: Attachments: Paper: t. Ordinance No. 6171-97. Submitted by a Not Required Appropriation Code Affected Parties: ? Notified ? None City Manager © Not Required v Printed on recycled paper e ORDINANCE NO. 6171-97 35 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO CHAPTER 33, WATERWAYS AND VESSELS, OF THE CODE OF ORDINANCES, DELETING SECTIONS 33.091 (1) AND (2) SHARK FISHING, AND ADDING SECTION 33.091 FISHING, TO PROHIBIT FISHING FROM CLEARWATER PASS BRIDGE, ISLAND ESTATES BRIDGES, AND ANY OTHER CITY PROPERTY WHERE POSTED; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Secs. 33.091(1) and (2), Code of Ordinances, are hereby deleted as follows: go - 4-) taGUGs to--lelibeFately , and land Shaft OF aAy SiFA6!aF aGtiVity WhiGh Gould be to It -Fe "W" -} Sh b Section 2. Sec. 33.091, Code of Ordinances, is hereby created as follows: Sec. 33.091 Fishing. (1) Fishing- is rohibited from the Clearwater Pass Bride Island Estates Bridges and any other city property where posted. 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: John Carassas, Assistant City Attorney Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6171.97 01 Clearwater City Commission Item #: ?? Agenda Cover Memorandum Meeting Date: 7 7 , +'S SUBJECT: Resolution 97-52, 1997 Gas System Revenue Bonds, Reimbursement Resolution RECOMMENDATIONNOTION: Adopt Resolution 97-52 establishing the intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing, 0 and that the appropriate officials be authorized to execute same. BACKGROUND: Gas System Revenue Bonds in the amount of $26.75 million were authorized by Ordinance 5665-94 in 1994. To date, one series of these bonds (the 1996A bonds) was issued in the amount of $8.815 million, leaving a balance of $17.935 million authorized, but unissued bonds. The 1996A Bond proceeds are expected to be fully spent on expansion by November 1997, requiring the issuance of additional bonds in order to continue system expansion in accordance with the Gas System Strategic Plan. e The 1997 new money issue is expected to generate $7.71 in construction proceeds. We anticipate Issuing the 1997 bonds in the fall, along with possibly rbfunding the 1991 and 1994A Gas System Revenue Bonds. The exact date of issuance will be determined at a later date based upon market conditions. If the 1996A Bond proceeds are fully expended and funds are needed for further expansion prior to issuing the 1997 bonds, this reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds. Reviewed by: Originating Department: Costs: Commission Action: I,.epsl FINANCE NIA ? Approved Budget I-M-a Total ? Approved wlConditione Purchasing A User Department: NIA ? Denied Risk Mgntt. NIA GAS ?11W Current Fiscal Year ? Continued to: Is NIA (/ Funding Source: ACM ? capitol Improvement: Other Advertised: ? Operating: Cate: ? Attacbments: Other. Paper: 1897 Bond Outline Submitted by: ? Not Required Appropriation Code' Resolution 97-52 Affected Parties: k1 ? Notified ? None City Manager ? Not Required 1r Printed on recycled paper (1) 1997 Gas Bond Issue 1. Market Conditions a) Markets are good now - possible to refund at greater than 4% present value savings i) 1991 issue ($6,480,000+/-) ii) 1994A issue ($8,110,000) 2. Prior refunding attempt a) 4% present value savings was set as a minimum when we attempted to refund the 1991 issue in 1996 i) Savings was not achieved due to market changes ii) Sales was attempted doing a competitive sale a) Date for sale is set in advance b) Advertise and accept bias on date pre-selected b) We have not attempted to refund 1994A issue 3. Recommend negotiated issue so that we can work with the market. a) Underwriter selected in advance through a proposal process b) Recommend sending proposal to select underwriters i) Those who bid on 96 Gas issue ii) Those who have been informing City on saving potential of refunding the 1991 and 1994a issues iii) Work with the underwriters to select proper time to sell the bonds 4. New capital is needed for further expansion a) 1996A money will be used up November 97 b) $7,710,000 of new money is needed per the Gas system strategic plan c) If money will be spent prior to bond issue i) Need reimbursement resolution so that Bond funds can be used to "pay back" the City for funds used in advance of bond issue ii) Authority to "borrow from the City" and pay back with bond proceeds 5. More cost efficient to do "new money" and refunding bonds together a) If market doesn't cooperative - cancel either or both bond refundings 6. Debt service for new issue is included in 98 budget. 7. Debt service coverage a) Required debt service coverage is 1.25 (125%) of annual debt service b) Debt Service Coverage = (Gross Revenues - Expenses)/(Principal + Interest) c) 9130196 Debt Service coverage was 2.49 (249%) d) 9130196 Maximum Debt Service Coverage was 1.81 (181°/a} i) Maximum (Gross Revenues - Expenses)/(Maximum Annual Principal and Interest) ii) Maximum debt service coverage (estimated) for 9/30/96 with new debt (including refunding) is 1.42 (142°/x) iii)Projected 9130197 is 1.52 (152%) iv)Projected 9130/97 with new money only is 1.48 (148%) 8. Management Audit was conducted in 1996 9. Timeline - Earliest commission approval - Sept 4 and 18 - Sale in Oct. a) Reimbursement resolution b) Authority to borrow from City until bonds issued c) Financial Advisor agreement (Raymond James to First Union) d) Ordinance to refund 1994A issue (already did ordinance on 1991 issue - still valid) e) Resolution authorizing sale of all three issues (1991 refunding, 1994A refunding and new money) i) Recommend negotiated sale ii) Recommend delegated sale by CM and Finance Director iii) Recommend setting minimum present value savings at 4% (each issue or collectively) 3? RESOLUTION NO. 97-52 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct certain capital improvements consisting of the purchase and installation of gas pipeline equipment, additional pipelines and related facilities and equipment within the current service area of the Issuer's gas system (the "System"), together with engineering work regarding the potential expansion of the System to serve additional areas in Pinellas County and Pasco County, Florida (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in the Capital Improvement Fund maintained in the System enterprise fund and funded from revenues of the System to pay costs of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $8,000,000. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1,150-2 of the Income Tax Regulations. SECTION 3. SEVERABILITY. If any one or more of the pro- visions of this Resolution shall for any reason be held illegal or invalidsuch illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. Resolution 97-52 n L SECTION 4,' REPEALING CLAUSE. All resolutions or orders and parts- thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption, PASSED AND ADOPTED by the City- Commission of the City of Clearwater, Florida, this day of 1997. Rita Garvey Mayor-Commissioner . 1 ATTEST: Cynthia E. Goudeau City Clerk Approved as to form: P-A Pame a K. in City Attorney '''=;' 2 Resolution 97-52 `1l CLEARWATER GAS SYSTEM Interoffice Correspondence Sheet To: Cyndie Goudeau, City Clerk From: Chuck Warrington, Gas System Managing Director ' Copies: File Subject: FY 96/97 CGS Financial Information for 1997 Bond Issue Agenda Item Date: September 4, 1997 In follow-up to Commissioner Seel's request for additional information on CGS's financials, I am pleased to provide the attached: 1. CGS EX 96LU Strafic Plan, ' 'nal duet _& Current BM'J Zinn of Year End - Provides a comparison of each of the referenced CGS Income Statements. The bottom line shows that our CGS Strategic Plan projected a net loss of $410,352 for FY 96/97, our Original Budget was based on a net loss of $71,201 for the year, and we are currently projecting a fiscal year end net profit of $292,563. 2. CGS 7Yansfe r Eayment?tn Cry's General F1113d - This pie chart shows that we project the Gas System will transfer $3,569,767 to the City of Clearwater's General Fund during FY 96/97. Franchise Fees and Utility Taxes total $859,462 or 24%. Payments by the Gas System for City Services which support the Gas System total $1,019,025 or 29%. Payments by the Gas System for Dividends and Administrative Transfers to the City's General Fund total $1,691,280 or 47%. 3. CGS Sta ;ofi of Assets, Liabilities and Eu ,quill - This is our Balance Sheet as of July 31, 1997. It shows that our current Gas Fund Equity is $10,702,997. I would be happy to answer any questions that the Commissioners may have on this information. My telephone is 462-6630, extension 244. CSW/cw Attachment chuck:u:%winlows\msoffktkwinwoml m nlos\cg97bond.doc .? ?111II[i1[e+Fli",'.ill?:?Yi?ebt:S:*e?s.;Y/11+?L`W: I?ia+AV V.w?w ......a.r--...-. _. ... ..?.??e?v-?.._?? ., _.?.. ...... ....a... _?...t'*?+.rux , ? ??. .-e.i?....?..53 e •-4 C?d bA W 4mo ?o w. • 00 N ?`'? o O OHO 00 ? 00 dam- LD ? r--? © LD Q C7 O? m C) 0 O 00 N N ? N O ( Cf) 00 Qo M N O? 64 GOL) b4 601) a) 0 C\ C4 loo,*% CD CD M O1 d N O O m 000E p` N ? a M0 ? ? 0?0 00 ? t ',- C) 1.0 %C ••.? ON N n 00 'd? •--+ tiD ti N ?--? 69 Gf3 69 69 69 01 o? .•? GM N 00 O ?O kn ? d00 ' 1?! } 00 d^ lp M 00 M ? m O 00 O ? 00 d N O 0000 00 -- ON 00 [ d' r--i b9 GF3 Gl9 (U p bA Q V ? H U • ? (L) ? Ama CA 14 ?i b a? *d C7 C? o o a a .? C7 u V A H F-4 z C A r'? U Ste" Pon* O ENO ENO 9 LO w L cr) 0 00 to ? /nnom 0 r, r _ m r V ? p w W w ? Q C N 401 r V? C1 E 4! ' '' ca s .. ? oft ¦ L 1 . ¦? 'a 4D . 0 d D ?C C>? V V 0 Nt -, L6 In to rl o, s 4-0 0 C7 m a? U r CLEARWATER GAS SYSTEM STATEMENT OF ASSETS, LIABILITIES AND FUND EQUITY July 31, 1997 Assets Current Beg of FY Net Change % Change Cash ($1,047,185) ($1,045,744) ($1,441) NIA ' Accounts Receivable 1,591,055 1.532,948 58,109 3.79% Restricted Assets (Cash & Other) 19,134,349 17,315,048 1,819,300 10.51% Inventories 845,412 1,197,849 (352,436) -29.42% Fixed Assets 15,381,288 16,020,628 (639,340) -3.99% Due from other Funds A 1,280,698 579,510 701,188 121.00% Total Assets $37,185,618 $35,600,238 $1,585,380 4.45% Liirbilltles and Equity Accounts Payable $1,744,191 $543,256 $1,200,935 221.06% Accrued Payroll 275,501 283,628 (8,127) -2.87% Debt 23,433,427 23,389,677 43,750 0.19% CustomerDeposlts 1,029,502 882,884 146,618 16.61% Fund Equity 10,702,997 10,500,793 202,204 1.93% . Total Liabilities & Equity $37.185.618 $35,600.238 $1,585,380 4.45% I? r/7!•. ?.•{`fz .: 3 F: e... , r .?.L'! kses.J_ A ..n_rr. .V . . 6 To: From: Copies: Subject: Date: k -u,3(eo r CLEARWATER GAS SYSTEM tntero,8'ice Correspondence Sheet i ? may ' t93 Cyndie Goudeau, City Clerk Chuck Warrington, Gas System Managing Director Agenda. File PASCO COUNTY GAS EXPANSION - PHASE V August 26, 1997 COPIES TO: COMMISSION SEP 0 3 1997 Ph mao CLERK / ATTORNSY In response to Commissioner Seel's additional concerns regarding the subject agenda item which we pulled from the August 7th Commission Agenda Meeting, I welcome the opportunity to: 1) provide the following additional explanation and justification for this particular project, 2) demonstrate to the Commission how well we have been doing on previous Pasco expansion phases, and 3) brief the Commission on bow far we are ahead of our CGS Strategic Goals overall. • Easco_Phase_,V_ is the last of our planned "commercial" main extensions to capture gas load in the downtown New Port Richey business district. We have 20 target customers along this 3.72 mile route with a projected payback of 4.2 years. As you will recall, our design standard is to build to a minimum feasibility of 7 years or better. Therefore, we will need to capture at least 60% of the targeted load in order to achieve the minimum feasibility for this job. We are confident that this can be achieved based on the economics of natural gas vs. propane, which these targeted customers are currently using. We are requesting that we be allowed to move forward on this construction phase at this time because delaying the construction job will make it much slower to capture this load, as it is typical to close on the customer contracts only when we are able to show progress with the gas main construction and provide the customer with a projected date for conversion to natural gas. We already have 2 of the targeted customers under contract and being served with CGS propane (LP) gas which represent 10% of our minimum 7 year feasibility and are actively negotiating with the other 18 targeted customers. v Pascg Phase J V was our last "commercial" main extension in Pasco County. This 5.27 mile job was in the south New Port Richey area. This phase is a good example to demonstrate our success in quickly capturing the targeted load once the gas main is installed. This job was presented for Commission Agenda approval in 10196 with a projected capital cost of $421,704 and a projected payback of 3.9 years. The construction was completed in 4197 at an actual cost of $363,100 (14% below budget). In just 4 months we have connected 67% of the projected load, and are already at a 5.0 year payback. We have an additional 8% of the projected load under contract which will be connected in the next month and will bring us to a 4.5 year payback. We are still working on closing on the last 7 targeted customer accounts which we project will allow us to ultimately achieve an overall payback of 3.8 years. In less than 4 months from completion of this "commercial" main extension job, we have exceeded our minimum feasibility requirements. d\J C Cyndie Goudeau, City Clerk Pasco County Gas Expansion - Phase V August 26, 1997 Page 2 • pay was our last Pasco "trunk" main fine expansion. This 6.1 mile job was designed to reach the Trinity development. This job was proposed in the CGS Strategic Business Plan Update at a projected capital cost of $1,028,500. Improved directional drilling techniques and a very good competitive bidding process allowed this job to be completed in 12196 at a total cost of $689,100 or 33% below plan. In the first 8 months we have connected and/or placed under contract 78% of the targeted commercial load and have a developer and 4 builder agreements in place to guarantee us at least 91 homes currently under construction. This is the first phase of a 802 home Trinity development, and we are currently negotiating with the next major Trinity builder where another 1,832 homes will be built in the future. Therefore, this expansion phase provided us with the opportunity to reach a target residential market of over 2,600 homes which will be built over the next 9 years. We are also still negotiating with 9 additional commercial customers along this route which we project will provide us with a payback within the first 18 months of 61 % of our 7 year feasibility even before the Trinity homes are built. This project phase will ultimately provide a very profitable payback. • ,A,C&ornpll.5hment of Strategic PlanGoals - I would summarize our report card on our overall achievement of our Strategic Plan goals with the attachment. The first chart shows that our FY95/96 financials were $727,697 better than our Strategic Plan projections and our FY 96/97 financials as of July 1997 are currently running $612,556 ahead of our Strategic Plan goal for this year. The second chart shows that we project that we will add 1.75 million equivalent Calculated Annual Therms (CATS) of new load this year which is an increase in Marketing & Sales performance of 18% above Last year's all-time peak performance and a 200% Strategic Plan improvement over the past four 4 years. We are "ahead of target" overall with our CGS Strategic Plant We are confident that we will be able to close the customer contracts on at least 60% of the targeted load along the Pasco Phase V route so as to insure at least a minimum 7 year feasibility for this constriction phase provided we are able to build these facilities and demonstrate to the customer a reasonably firm projected date for natural gas service availability. We also have a contractor bid at 90% of projected capital cost; therefore, we believe that it is desirable to move forward with the construction while this bid 'is active. With the concurrence of City Management and the City Commission we would like to bring this agenda item back on a Commission Agenda in the near future. In the meantime, we will work diligently to close on several more of these targeted customer contracts in anticipation of this construction. If the Commissioners, City Management, or you have any additional questions on this or further direction, please call me at 462-6635. CSW/cw Attachments viawar(D=mos\e&„ph v2.dm chxk-.u.%wh o n\msogka ,f NET INCOME AFTER TRANSFERS TO CITY ($MI]LLIONS) 1 $1.5 $1.0 $0.5 =0.0 ($0.5) ($1.0) FY FY FY 92M 5419$ 95197 sActwis In Willians QCG3 Stratepk Plan Ckuwater Ga System S.5 $1.0 $0.5 $0.0 fan 5) L u.3( 7,.. .... . .....f.... ?....• O N A J F U A M J J A$ -FYM 911197 0 $202,204 thru 7197 ••+••FYE 96!97 Budget ¦ ($136,017) --+- FYE 95195 Actual a $2611,393 -FYE 96197 Strategic Plan ¦ ($410,352) I .NEW CALCULATED ANNUAL THERMS (CATS) CONNECTED 1 6 . 1 d . 1.4 1 2 . 1.0 0.8 0.6 0.4 - 0.2- 0.0 FY FY FY FY FY 94193 93194 94196 !619$ 95197 rActuals In Itlligans QFY MW Baal char "w GIN System 1,6 1.4 1.2 1 0- . 0.8- O's 0.4 0.2 0.0 O N D J F M A M J J A 8 ---?-FYM 98197 A W&I i 1,367,1115 OW 7197 •••••FYE 98197 Goal ¦ 1,760,000 -+- FYE 96J95 Actual ? 1,457,504 5120197 2 '"'K??ti:?isS?l,HSi?tiFMi?t,k?b+aii»»fi?t??,ra. b-?.w ..r .?..si.. ?,?w.•.?se.??, ... ?_..- CLEARWATER CITY COMMISSION ;as^? Agenda Cover Memorandum Meeting Date f _ 'T .9 r7 SUBJECT: Ordinance 6188-97, Advance Refunding of the Outstanding Gas System Revenue Bonds, Series 1994A RECOMMENDA'T'ION/MOTION Pass on first reading Ordinance 6188-97 providing for the advance refunding of the outstanding Gas System , Series 1994A Z . and that the appropriate officials be authorized to execute same. BACKGROUND: • In recent weeks, market conditions have been very favorable with municipal bond rates declining. • The outstanding Gas System Revenue Bonds, Series 1994A carry interest rates ranging from 6% to 6.1% • Issuing bonds at a lower rate in order to pay-off bonds yielding higher rates will produce a cost savings to the City. • Ordinance 6188-97 provides for the ability to issue bonds necessary to refund the outstanding Gas System Revenue Bonds, Series 1994A. • Ordinance 6030-96, passed for the ability to issue bonds necessary to issue bonds necessary to refund the outstanding Gas System Revenue Bonds, Series 1991. • The City will also be issuing Gas bonds as authorized by Ordinance 5665-94 for the continuing Gas System expansion. These bonds will be issued simultaneously with the refunding bonds (both the 1991 and 1994A Series) to reduce the cost of issuance. • The Finance Director, with the assistance of the City's Financial Advisor, will determine whether market conditions are such that the City will receive an acceptable level of net present value savings. That level of savings expressed as a percentage of the refunded bonds will be set by subsequent resolution and the refunded bonds will only be issued if market conditions produce this savings. Ordinance #6188-97 is the standard bond document. It is 33 pages and is available in the City Clerk Department. > V1 pub I ere- Reviewed by: Originating Department. Costs: Commission Action: Legal FINANCE NIA ? Approved Budget L-T U Total ? Approved w/Conditions Purchasing User Department: NIA ? Denied Risk Mgmt. NIA CAS Current Fiscal Year ? Continued to: is NIA Funding Source: ACM ? eapitai improvement. Other Advertised: ? Operating: Date: ? Other. Attachments; Paper. Ordinance 6188-97 Submitted by. ? Not Required Appropriation Code Affected Parties: ? Notified ? None city Manager ? Not Required 0 Printed on recycled paper ORDINANCE NO. 6188-97 AN ORDINANCE PROVIDING FOR THE ADVANCE REFUNDING OF THE OUTSTANDING GAS SYSTEM REVENUE BONDS, SERIES 1994A, OF THE CITY OF CLEARWATER, FLORIDA; PROVIDING FOR THE ISSU- ANCE OF NOT EXCEEDING $9,000,000 GAS SYSTEM REVENUE REFUNDING BONDS, SERIES [TO BE DETER-- MINED], AS ADDITIONAL PARITY OBLIGATIONS OF THE CITY PURSUANT TO THE CITY'S ORIGINAL ORDINANCE, TO BE APPLIED TO ADVANCE REFUND SUCH OUTSTANDING OBLIGATIONS; PLEDGING THE NET REVENUES OF THE SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAY- MENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PRO- VIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, as follows: SECTION 1. AUTHORITY FOR THIS ORDINANCE: ORDINANCE TO BE Si1NPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act") and the Original Ordinance, hereinafter defined. This Ordinance is supplemental to the Original Ordinance and all provisions of the Original Ordinance not supplemented, modified, superseded or repealed by the provisions hereof shall (a) remain in full force and effect, (b) apply to the Refunding Bonds, hereinafter defined, to the same extent and in the same manner as such provisions apply to the Parity Bonds, hereinafter defined, and (c) are incorporated herein by reference as if fully set forth. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms defined in this Ordinance shall have the meanings specified in this section, and any capitalized terms not defined herein shall have the meanings specified in Section 2 of the original Ordinance. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Additional Parity Obligations" shall mean additional obligations issued in compliance with the terms, conditions and limitations contained in the original Ordinance and in this Ordinance and which (i) shall have a lien on the Pledged Revenues equal to that of the Parity Bonds and the Refunding Bonds, (ii) shall be payable from the Net Revenues on a parity with the Parity Bonds and the Refunding Bonds, and (iii) rank equally in all respects with the Parity Bonds and the Refunding Bonds. "Bond Registrar" or "Registrar" shall mean the officer of the Issuer or the bank or trust company which the Issuer may from time to time designate to perform the duties herein set forth for the Registrar of the Refunding Bonds. "Bonds" shall mean (i) the Bonds authorized under the original ordinance, including but not limited to the Parity Bonds and the Refunding Bonds and (ii) any Additional Parity obligations issued hereafter in accordance with the provisions of the Original Ordinance and this ordinance. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Cost of operation and Maintenance" of the System shall mean all current expenses, paid or accrued, for the operation, main- tenance and repair of all facilities'of the System, as calculated in accordance with sound accounting practice, and shall include, without limiting the generality of the foregoing, insurance premiums, administrative expenses of the Issuer related solely to the System,, labor, cost of materials and supplies used for current operation, and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice, but excluding any reserve for renewals or replacements, for extraordinary repairs or any allowance for depreciation. "Credit Facility" or "Credit Facilities" shall mean either individually or collectively, as appropriate, any bond insurance policy, surety bond, letter of credit, line of credit, guaranty or other instrument or instruments that would enhance the credit of the Bonds. The term Credit Facility shall not include any bond insurance, surety bond or other credit enhancement deposited into or allocated to a subaccount in the Reserve Account in the Sinking Fund. "Credit Facility Issuer" shall mean the provider of a Credit Facility. "Escrow Deposit Agreement" shall mean that certain Escrow Deposit Agreement by and between the Issuer and a bank or trust company to be approved by subsequent resolution of the Issuer, for the purpose of providing for the payment of the Refunded Bonds, which agreement shall be in substantially the form attached hereto as Exhibit "A" and is hereby incorporated by reference. 2 "Gross Revenues" or "Revenues" shall mean all moneys received from rates, fees, rentals or other charges or income derived from the investment of funds, unless otherwise provided herein, by the Issuer or accruing to it in the operation of the System, all calculated in accordance with sound accounting practice. "Holder of Bonds" or "Bondholders" or any similar term shall mean any person who shall be the registered owner ("Registered Owner") of any registered Bond, as shown on the books and records of the Bond Registrar. The Issuer may deem and treat the person in whose name any Bond is registered as the absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and interest due thereon, and for all other purposes. "Issuer" shall mean the City of Clearwater, Florida. "Net Revenues" shall mean Gross Revenues less Cost of opera- tion and Maintenance. "Ordinance" shall mean this ordinance of the Issuer as here- after amended and supplemented from time to time in accordance with the provisions hereof. "Original Ordinance" shall mean City of Clearwater ordinance No. 5118-91 as thereafter amended and supplemented from time to time in accordance with the provisions thereof. "Parity Bonds" shall mean the outstanding Gas System Revenue Bonds, Series 1991, dated September 1, 1991, the outstanding Gas System Revenue Bonds, Series 1994A, dated September 1, 1994, the outstanding Gas System Revenue Bonds, Series 1996A, dated July 1, 1996, and any bonds issued under the authority of the Original ordinance or the City of Clearwater Ordinance No. 5665-94. "Refunded Bonds" shall of Clearwater, Florida, Gas dated September 1, 1994, principal, premium, if any, an irrevocable escrow in Agreement with proceeds of mean all or any portion of the City System Revenue Bonds, Series 1994A, for which the future payments of and interest has been provided for in accordance with the Escrow Deposit the Refunding Bonds, which are so designated by the Issuer prior to the issuance of any series of Refunding Bonds. "Refunding Bonds" shall mean the obligations of the Issuer authorized to be issued pursuant to Section 5 of this ordinance, which Refunding Bonds are to be issued in one or more series, with each series to be separately designated in accordance with subsequent resolutions, to be adopted by the Issuer prior to the issuance of any series of Refunding Bonds. 3 "Reserve Requirement" for each determined by subsequent resolution Requirement for the Refunding Bonds the Maximum Bond Service Requirement 125% of the average annual Bond Refunding Bonds, or (iii) 10% of Refunding Bonds. series of Bonds shall be as of the Issuer. The Reserve shall be the lesser of (.i.) of the Refunding Bonds, (ii) Service Requirement of the the net proceeds of the "System" shall mean the complete gas system now owned; operated and maintained by the Issuer, together with any and all assets, improvements, extensions and additions thereto hereafter constructed or acquired. SECTION 3. FINDINGS. It is hereby found, determined and declared that: (A) The Issuer has heretofore enacted the original ordinance authorizing the issuance of certain obligations to be secured by and payable from the Net Revenues, and providing for the issuance of Additional Parity obligations, upon the conditions set forth therein, to be payable on a parity from such Net Revenues. (B) The Issuer has previously issued the Refunded Bonds and deems it necessary and in its best interest to provide for the refunding of the Refunded Bonds. The refunding program herein described will be advantageous to the Issuer by providing a net present value reduction in the amount of debt service secured by the System, resulting in a lessening of pressures to increase System rates. (C) From the proceeds of the Refunding Bonds and other funds available therefor, there shall be deposited pursuant to the Escrow Deposit Agreement a sum which, together with the principal and income from the Federal Securities to be purchased pursuant to such agreement, will be sufficient to make timely payments of all presently outstanding principal, redemption premium, if any, and interest in respect to the Refunded Bonds, as the same come due and/or redeemable. such funds and principal and income from investments shall also be sufficient to pay when due all expenses, if any, described in the Escrow Deposit Agreement. (D) The costs associated with such refunding program shall be deemed to include legal expenses, fiscal expenses, rating agency fees, expenses for estimates of costs and of revenues, accounting expenses, municipal bond insurance premiums, costs of printing, fees of financial advisors, fees for escrow structuring and verification, accrued and capitalized interest, provisions for reserves, and such other expenses as may be necessary or incidental for the finsncing herein authorized. 4 (E) The Revenues are not pledged or encumbered in any manner except for the prior payment from the Net Revenues of the principal of and interest on the Refunded Bonds, which pledge and encumbrance shall be defeased pursuant to the refunding herein authorized, and the Parity Bonds. (F) The principal of and interest on the Refunding Bonds and all required Sinking Fund, Reserve and other payments shall be payable. solely from the Net Revenues derived from the operation of the System, as provided herein and in the original Ordinance. The Refunding Bonds shall not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State, or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida, nor any political subdivision thereof, nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Refunding Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein and in the original Ordinance. The Refunding Bonds shall not constitute a lien upon the System, or any part thereof, or on any other property of the Issuer, but shall constitute a first and prior lien only on the Net Revenues in the manner provided herein and in the original Ordinance. (G) The estimated Net Revenues to be derived from the operation of the System will be sufficient to pay all principal of and interest on the Parity Bonds and the Refunding Bonds, as the same become due, and to make all required Sinking Fund, Reserve and other payments required by this Ordinance and the original Ordinance. (H) The Original Ordinance, in Section 16(T) thereof, provides for the issuance of Additional Parity Obligations under the terms, limitations-and conditions provided therein. (I) The Issuer has complied with the terms, conditions and restrictions contained in the original Ordinance. The Issuer is, therefore, legally entitled to issue the Refunding Bonds as Additional Parity Obligations within the authorization contained in the Original Ordinance. (J) The Refunding Bonds herein authorized shall be on a parity and rank equally, as to lien on and source and security for payment from the Net Revenues and in all other respects, with the Parity Bonds. SECTION 4. THE QRDINANCE TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the Refunding Bonds authorized to 5 be issued hereunder by those who shall hold the same from time to time, this ordinance and the Original Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. AUTHORIZATION -OF REFUNDING BONDS AND REFUNDING OF THE-REFUNDED BONDS. Subject and pursuant to the provisions hereof, obligations of the Issuer to be }mown as "Gas System Revenue Refunding Bonds, Series (to be determined]l' herein defined as the "Refunding Bonds" are authorized to be issued in the aggregate principal amount of not exceeding $9,000,000 to (i) finance the refunding of the Refunded Bonds, (ii) make a deposit to the Reserve Account in the Sinking Fund to satisfy the Reserve. Requirement (or to purchase a debt service reserve fund policy or surety, as determined by resolution of the Issuer adopted prior to the issuance of any series of Refunding Bonds) and (iii) pay the costs of issuance of the Refunding Bonds. The refunding of the Refunded Bonds is hereby authorized in the manner provided herein. SECTION 6. DESCRIPTION OF REFUNDING BONDS. The Refunding Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds and/or Current Interest Bonds; shall be dated; shall be numbered; shall be in the denomination of $5,000 each or integral multiples thereof for the Current Interest Bonds and in $5,000 maturity amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or in such other denominations as shall be approved by the Issuer in a subsequent resolution prior to the delivery of the Refunding Bonds; shall bear interest at a fixed or floating rate not exceeding the maximum rate allowed by law, such interest to be payable semiannually on such dates and in such years and amounts; and shall mature on such dates and in such years, and in such amounts all as shall be fixed by resolu- tion or ordinance of the Issuer adopted prior to the delivery of the Refunding Bonds. The Refunding Bonds are to be issued in one or more series, from time to time, either as construction or completion bonds, and if issued in more than one series, each series is to be separately designated as determined by resolution of the Issuer adopted prior to the issuance of any such series of Refunding Bonds. The Refunding Bonds shall be payable with respect to principal (and Compounded Amount in the case of capital Appreciation Bonds) upon presentation and surrender thereof on the date fixed for maturity or redemption thereof at the office of the Bond Registrar; shall be payable in any coin or currency 6 of the United States which at the time of payment is legal tender for the payment of public or private debts; and shall bear interest from such date, but not earlier than the date of the Refunding Bonds, as is fixed by subsequent resolution or ordinance of the Issuer, payable in accordance with and pursuant to the terms of the Refunding Bonds. Interest on the Refunding Bonds which are Current Interest Bonds shall be paid by check or draft mailed to the Registered Owners, at their addresses as they appear on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date for the Refunding Bonds (the "Record Date"), irrespective of any transfer of the Refunding Bonds subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in the payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the Registered Owners at the close of business on a special record date for the payment of defaulted interest as established by notice mailed to the persons in whose names such Refunding Bonds are registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the Refunding Bonds may, at the option of any owner of Refunding Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. If the date for payment of the principal of, premium, if any, or interest on the Refunding Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking institutions in the city where the corporate trust office of the Paying Agent is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday or legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. The Refunding Bonds may be issued or exchanged for Refunding Bonds in coupon form, payable to bearer, in such form and with such attributes as the Issuer may provide by supplemental resolutions, upon receipt of an opinion from a nationally recognized bond counsel that such issuance or exchange will not cause interest on the Refunding Bonds to be includable in gross income of the Holder for federal income tax purposes. SECTION 7. EXECUTION OF BONDS. The Refunding Bonds shall be executed in the name of the Issuer by its City Manager, countersigned by its Mayor-Commissioner and attested to by its 7 City Clerk, and its official seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The Refunding Bonds shall be approved as to form and legal sufficiency by the City Attorney of the Issuer. The facsimile signatures of such officers may be imprinted or reproduced on the Refunding Bonds. The Certificate of Authentication of ' the Bond Registrar, hereinafter described, shall appear on the Refunding Bonds, and no Refunding Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this ordinance unless such certificate shall have been duly executed on such Refunding Bond. The authorized signature for the Bond Registrar shall at all times be a manual signature. In case any officer whose signature shall appear on any Refunding Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Any Refunding Bonds may be signed and sealed on behalf of'the Issuer by such person who at the actual time of the execution of such Bonds shall hold the proper office with the Issuer, although at the date of enactment of this Ordinance such person may not have held such office or may not have been so authorized. SECTION 8. NEGOTIABILITY AND REGISTRATION. (A) NEGOTIABILITY. The Refunding Bonds shall be and shall have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida, and each successive Holder, in accepting any of the Refunding Bonds shall be conclusively deemed to have agreed that such Bonds shall be and have all of the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida. (B) REGISTRATION AND TRANSFER. There shall be a Bond Registrar for the Refunding Bonds which shall be a bank or trust company located within or without the State of Florida. The Bond Registrar shall maintain the registration books of the Issuer and be respon-sible for the transfer and exchange of the Refunding Bonds. The Issuer shall, prior to the proposed date of delivery of the Refunding Bonds, by resolution designate the bank to serve as a Bond Registrar and Paying Agent. The Bond Registrar shall maintain the books for the registration of the transfer and exchange of the Bonds in compliance with an agreement to be executed between the Issuer and such bank as Bond Registrar on or prior to the date of delivery of the Refunding Bonds. Such agreement shall set forth in detail the duties, rights and responsibilities of the parties thereto. The Refunding Bonds may be transferred upon the registration books, upon delivery to the Registrar, together with written instructions as to the details for the transfer of such Refunding Bonds, along with the social security or federal employer 8 identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any Refunding Bond shall be effective until entered on the registration books maintained by the Registrar. In all cases of the transfer of the Refunding Bonds, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Refunding Bond or Refunding Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the Registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. Any Refunding Bond or Bonds shall be exchangeable for a Refunding Bond or Bonds of the same maturity and interest rate, in any authorized denomination, but in a principal amount equal to the unpaid principal amount of the Refunding Bond or. Bonds presented for exchange. Bonds to be exchanged shall be surrendered at the principal office of the Registrar, and the Registrar shall deliver in exchange therefor the Refunding Bond or Bonds which the Bondholder making the exchange shah. be entitled to receive. The Issuer or the Registrar may charge the Registered owner of such Refunding Bond for every such transfer or exchange an amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Refunding Bond shall be delivered. All' Refunding Bonds delivered upon transfer or exchange shall bear interest from such date that neither gain nor loss in interest shall result from the transfer or exchange. All Refunding Bonds presented redemption or payment (if so required accompanied by a written instrument or authorization for exchange, in forr signature satisfactory to the Issuer executed by the Registered Owner or attorney. for transfer, exchange, by the Issuer), shall be instruments of transfer or i and with guaranty of and the Registrar duly by his duly authorized SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer proof of his ownership thereof and satisfactory indemnity and complying with such other 9 reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the source and security for payment from the funds, as hereinafter pledged, to the same extent as all other Bonds issued hereunder. SECTION 10. BOOK__ENTRY SYSTEM. Notwithstanding the provi- sions of Sections 7, 8 and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the Refunding Bonds, elect to use an immobilization system or pure book-entry system with respect to issuance of such Refunding Bonds, provided adequate records will be kept with respect to the ownership of such Bonds issued in book-entry form or the beneficial ownership of bands issued in the name of a nominee. As long as any Bonds are outstanding in book-entry form the provisions of Sections 7, 8 and 9 of this ordinance shall not be applicable to such Refunding Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series Refunding Bonds. SECTION 11. PROVISIONS FOR REDEMPTION. The Refunding Bonds shall be subject to redemption prior to their maturity, at the option of the Issuer, at such times and in such manner as shall be fixed by resolution of the Issuer duly adopted prior to or at the time of sale of the Refunding Bonds. . Notice of such redemption will be given by the Registrar (who shall be the Paying Agent for the Refunding Bonds, or such other person, firm or corporation as may from time to time be designated by the Issuer as the Registrar for the Refunding Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Owner of each Refunding Bond to be redeemed in whole or in part at the address shown on the regis- tration books. Failure to give such notice by mailing to any Registered owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Refunding Bonds or portions thereof so balled for redemption will cease to bear interest after the specified 10 redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender of any Refunding Bond for redemption in part only, the Issuer shall issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered Owner, a new Refunding Bond or Refunding Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. Whenever any Refunding Bonds shall be delivered to the Bond Registrar for cancellation, upon payment of the principal amount thereof, or for replacement, transfer or exchange, such Refunding Bonds shall be canceled and, upon request of the Issuer, destroyed by the Bond Registrar. Counterparts of the certificate of destruction evidencing any such destruction shall be furnished to the Issuer. SECTION 12. FORM OF THE REFUNDING BONDS. The text of the Refunding Bonds shall be in substantially the following form with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this Ordinance or by any subsequent ordinance or resolution adopted prior to the issuance thereof: (Form of Refunding Bond) NO. UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CLEARWATER GAS SYSTEM REVENUE REFUNDING BOND, SERIES [to be determined] Rate o teres Registered Owner: Principal Amount: Dated Maturity Date ate Cusin KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida (hereinafter called "City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date specified above, the Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay solely from such revenues, interest on said sum from the Dated Date of this Bond or from the most recent 11 interest payment date to which interest has been paid, at the rate of interest per annum set forth above until payment of such sum, such interest being payable , and semiannually thereafter on the first day of and the first day of of each year. The pr nc pal of and premium, if any, on this Bond are payable upon presentation and surrender hereof on the date fixed for maturity or redemption at the principal office of (the "Paying Agent") in , Florida, or at the office designated for such payment of any successor thereof. The interest on this Bond, when due and payable, shall be paid by check or draft mailed to the person in whose name this Bond is registered, at his address as it appears on the books and records of the Bond Registrar, at the close of business on the 15th day of the month (whether or not a business day) next preceding the interest payment date (the "Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date and prior to such interest payment date, unless the City shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date for the payment of defaulted interest as established by notice mailed by the Registrar to the Registered Holder of the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name such Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Payment of interest on the Bonds may, at the option of any owner of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to such owner to the bank account number on file with the Paying Agent as of the Record Date upon written request therefor by the holder thereof for the appropriate interest payment date. All amounts due hereunder shall be payable in any coin or currency of the United States, which is, at the time of payment, legal tender for the payment of public or private debts. This Bond is one of a duly authorized issue of Bonds in the aggregate principal amount of $ of like date, tenor and effect, except as to number, installments, maturity and interest rate, issued to finance the cost of advance refunding the Gas System Revenue Bonds, Series 1994A, pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"),, and Ordinance No. 5118--91, duly enacted by the Issuer on August 15, 1991, as supplemented by Ordinance No. -- 97 duly enacted by the Issuer on , 1997, as amended and supplemented (hereinafter collectively called the f'Ordinance" ) , and is subject to all the terms and conditions of such Ordinance. 12 It is provided in the ordinance that the Bonds of this issue will rank on a parity with the outstanding Bonds of an issue of Gas System Revenue Bonds, Series 1991, dated September 1, 1991, the Gas System Revenue Bonds, Series 1996A, dated July 1, 1996 and any bonds issued under the authority of the original Ordinance or the City of Clearwater Ordinance No. 5665-94 (the "Parity Bonds"). This Bond and the Parity Bonds are payable solely from and secured by a first and prior lien upon and pledge of the Net Revenues, as defined in the ordinance, which consists of the net revenues derived by the City from the operation of the System (the "Net Revenues") in the manner provided in the ordinance. This Bond does not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof, nor the City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from any other funds of the City, 'except from the Net Revenues, in the manner provided herein. It is further agreed between the city and the Registered Holder of this Bond that this Bond and the indebtedness evidenced hereby shall not constitute a lien upon the System, or any part thereof, or on any other property of the City, but shall constitute a first and prior lien only on the Net Revenues, in the manner provided in the Ordinar?Ce. (INSERT REDEMPTION PROVISIONS) Bonds in denominations greater than $5,000 shall be deemed to be an equivalent number of Bonds of the denomination of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such may be redeemed, but Bonds shall be redeemed only in the principal amount of $5,000 or any integral multiple thereof. In the event any of the Bonds or portions thereof are called for redemption as aforesaid, notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Registrar (who shall be the paying agent for the Bonds, or such other person, firm or corporation as may from time to time be designated by the City as the Registrar for the Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for redemption to the Registered Holder of each Bond to be redeemed in whole or in part at the address shown on the registration books. Failure to give such notice by mailing to any Registered Holder of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date provided funds for their redemption are on deposit at the place of payment at that time. Upon surrender 13 of any Bond for redemption in part only, the City shall issue and deliver to the Registered Holder thereof, the costs of which shall be paid by the Registered Holder, a new Bond or Bonds of authorized denominations in aggregate principal amount equal to the unredeemed portion surrendered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal holiday or'a day on which banking institutions in the city where the corporate trust office of the paying agent is located are authorized by law or executive order to close, then the date for such- payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the nominal date of payment. (To be inserted where appropriate on face of bond: "Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect as if set forth on this side.") In and by the ordinance, the City has covenanted and agreed with the Registered Holders of the Bonds of this issue that it will fix, establish, revise from time to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always provide revenues in each year sufficient to pay, and out of such funds pay, 100% of all costs of operation and maintenance of the System in such year and all reserve and other payments provided for in the ordinance and 125% of the bond service requirement due in such year on the Bonds of this issue, and on all other obligations payable on a parity therewith, and that such fees, rates, rentals and other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes. The City has entered into certain further covenants with the Holders of the Bonds of this issue for the terms of which reference is made to the ordinance. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds of this issue does not violate any constitutional or statutory limitations or provisions. This Bond is and has all the qualities and incidents of a negotiable instrument under the Uniform commercial Code - Investment Securities of the State of Florida. 14 The Bonds are issued in the form of fully registered bonds without coupons in denominations of $5,000 or any integral multiple of $5,000. Subject to the limitations and upon payment of the charges provided in the ordinance, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the Registered Holder hereof in person or by his attorney duly authorized in writing, at the above-mentioned office of the Registrar, but only in the manner, subject to the limitations and upon payment of the charges provided in the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee in exchange therefor. Bonds may be transferred upon the registration books upon delivery to the Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Holder of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the federal employer identification number and date of the trust and the name of the trustee. In all cases of the transfer of a Bond, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same Maturity Date and Rate of Interest for the aggregate principal amount which the Registered Holder is entitled to receive at the earliest practicable time in accordance with the provisions of the Ordinance. The City or the Registrar may charge the Registered Holder of such Bond for every such transfer or exchange of a Bond an amount sufficient to reimburse them for their reasonable fees and any tax, fee, or other governmental charge, required to be paid with respect to such transfer or exchange, and may require that such charge be paid before any such new Bond shall be delivered. The City may deem and treat the Registered Holder hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City shall not be affected by any notice to the contrary. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Ordi- 15 nance until the certificate of authentication hereon shall have been executed by the Bond Registrar. IN WITNESS WHEREOF, the City of Clearwater, Florida, has, issued this Bond and has caused the same to be executed by the manual or facsimile signature of its City Manager and countersigned by the manual or facsimile?signaturo of its Mayor- commissioner, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon, and attested by the manual or' facsimile signature of its city Clerk, as of the Dated Date. CITY OF CLEARWATER, FLORIDA (SEAL) ATTEST: city, Clerk City Manager Mayor-Commissioner. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney 16 :, CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR This Bond is one of the Bonds of the issue described in the within-mentioned ordinance. By Authorized Signature Date of Authentication The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF TRANSFERS TO MIN ACT - TEN ENT - as tenants by the entireties (Cust.) JT TEN - as joint tenants Custodian for with right of sur- (Minor) vivorship.and not as under Uniform Transfers to tenants in common Minors Act of ' (State) Additional abbreviations may also be used though not in list above. 17 f ASSIGNMENT FOR VALUE RECEIVED, the undersigned - (the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Security or Federal Employer Identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full, power of substitution in the premises., Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member of the New York Stock Exchange or a commercial bank or a trust company. NOTICE: No transfer will be registered and no new Bond will be issued in the name' of the Transferee, unless' the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the social Security or Federal Employer Identification Number of the Transferee is supplied. [End of Form of Bond] 18 SECTION 13. IC 0 O PROVISIONS O ORICINAL O N C . The Refunding Bonds, herein authorized, shall for all purposes (except as herein expressly provided) be considered to be Additional Parity obligations issued under the authority of the Original Ordinance, and shall be entitled to all the protection and security provided therein for the Parity Bonds, and shall be in all respects entitled to the same security, rights and privileges enjoyed by the Parity Bonds. The covenants and pledges contained in the original Ordinance shall be applicable to the Refunding Bonds herein authorized in like manner as applicable to the Parity Bonds. The principal of and interest on the Refunding Bonds shall be payable from the Sinking Fund established in the original Ordinance on a parity with the Parity Bonds, and payments shall be made into such Sinking Fund by the Issuer in amounts fully sufficient to pay the principal of and interest on the Parity Bonds and the Refunding Bonds as such principal and interest become due. SECTION 14. APPLICATION OF REFUNDING BOND PROCEEDS. The proceeds, including accrued interest and premium, if any, received from the sale of any or all of the Refunding Bonds shall be applied by the Issuer as follows: (A) The accrued interest shall be deposited in the Interest Account in the Sinking Fund created in the original Ordinance and shall be used only for the purpose of paying interest becoming due on the Refunding Bonds. (B) Unless provided from other funds of the Issuer on the date of issuance of any series of Refunding Bonds as set forth in Section 16(B) of the Original Ordinance, a sum equal to the Reserve Requirement for the Refunding Bonds shall be deposited in the subaccount in the Reserve Account in the Sinking Fund, herein created and established for the benefit of the Refunding Bonds, and shall be used only for the purposes provided therefor, or, if determined by subsequent resolution of the Issuer, a sum equal to the premium of a debt service reserve fund policy or surety provided in satisfaction of the Reserve Requirement for such series of Refunding Bonds. (C) Unless paid or reimbursed by the original purchasers of the Refunding Bonds, the Issuer shall pay all costs and expenses in connection with the preparation, issuance and sale of the Refunding Bonds. (D) A sum which, together with the other funds to be deposited pursuant to the Escrow Deposit Agreement, and the investment income to be derived therefrom, will be sufficient to pay, as of any date of calculation, the principal of, redemption premium, if any, and interest on the Refunded Bonds as the same shall become due and or redeemable, shall be deposited pursuant 19 to the Escrow Deposit Agreement. SECTION 15. SPECIAL OBLIGATIONS OF ISSUER. The Refunding Bonds shall be special obligations of the Issuer, payable solely from the Net Revenues as herein provided. The Refunding Bonds do not constitute an indebtedness, liability, general or moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State of Florida or any political subdivision thereof, within the meaning of any constitutional, statutory or charter provisions. Neither the State of Florida nor any political subdivision thereof nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of the Refunding Bonds, the interest thereon or other costs incident thereto, or (2) to pay the same from any other funds of the Issuer except from the Net Revenues, in the manner provided herein. The acceptance of the Refunding Bonds by the Holders from time to time thereof shall be deemed an agreement between the Issuer and such Holders that the Bonds and the indebtedness evidenced thereby shall not constitute a lien upon the System, or any part thereof, or any other property of the Issuer, but shall constitute a first and prior lien only on the Net Revenues, in the manner hereinafter provided. The Net Revenues shall be immediately subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. The payment of the principal of and the interest on the Refunding Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues of the system, as defined herein, on a parity with the Parity Bonds and the Issuer does hereby irrevocably pledge such Net Revenues of the System to the payment of the principal of and the interest on the Refunding Bonds, for the reserves therefor and for all other required payments. SECTION 16. COVENANTS OF THE ISSUER. The provisions of Section 16 of the original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 17. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHOUT CQNSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the original Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 18. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS Off, BONDS. The provisions of section 18 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply to 20 C the Refunding Bonds issued pursuant to this ordinance as though fully restated herein. SECTION 19. DEFEASANCE. The provisions of Section 19 of the original ordinance shall be deemed applicable -to this or dinance and shall apply to the Refunding Bonds issued pursuant to this ordinance as though fully restated herein. SECTION 20. TAX COVENANTS. (A) The Issuer covenants with the Registered Owners of each series of Bonds that it shall not use the proceeds of such series of Bonds in any manner which would cause the interest on such series of Bonds to be or become includable in the gross income of the Registered owner thereof for federal income tax purposes. (B) The Issuer covenants with the Registered Owners of each series of Bonds that neither the Issuer nor any person under its control or direction will make any use of the proceeds of such series of Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause such series of Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and neither the Issuer nor any other person shall do any act or fail to do any act which would cause the interest on such series of Bonds to become includable in the gross income of the Registered Owner thereof for federal income tax purposes. (C) The Issuer hereby covenants with the Registered owners of each series of Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion of interest on the Bonds from the gross income of the Registered owner thereof for federal income tax purposes, including, in particular, the payment of any amount required to be rebated to the U.S. Treasury pursuant to the Code. SECTION 21. GQVERNMENTAL REORGANIZATION. The provisions of Section 21 of the Original ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein. SECTION 22. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer may make such covenants as it may, in its sole discretion, determine to be appropriate with any Credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the security or the value of the Refunding Bonds. Such covenants may be set forth in a resolution adopted prior to or simultaneously with the sale of the Refunding Bonds and shall have the same effect as if such covenants were set forth in full in this ordinance. SECTION 23. PRELIMINARY OFFICIAL S ATEMEN . The distribution of a Preliminary Official Statement relating to the 21 Refunding Bonds is hereby approved in such form and substance as shall be approved by the mayor and City Manager of the Issuer. The Mayor and.the City Manager are hereby authorized to deem such Preliminary Official Statement as "final" within the meaning of Rule 15c-2-12 of the securities and Exchange Commission, except for certain "permitted omissions" as defined in such rule. SECTION 24. SEVERABILITY. If any one or more of the cove- nants, agreements, or provisions of this Ordinance should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions of this Ordinance or of the Bonds. SECTION 25. REPEAL OF INCONSISTENT INSTRUMENTS. All ordi- nances or, resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION. 26. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Approved as to form: P.f, L ? k Pamela K. Akin City Attorney 1 22 V EXHIBIT A FORM OF ESCROW DEPOSIT AGREEMENT THIS ESCROW DEPOSIT AGREEMENT, dated as of , 1997, by and between the CITY OF CLEARWATER$ FLORIDA (the "Issuer's), and , a banking associa- tion organized under the laws of the [State of ] [United States of America], as Escrow Holder and its successors and assigns (the "Escrow Holder"); W I T N E S S E T H: WHEREAS, the Issuer has previously authorized and issued obligations, hereinafter defined as "Refunded Bonds", as to which the Total Debt Service (as hereinafter defined) is set forth on Schedule A; and WHEREAS, the Issuer has determined to provide for payment of the Total Debt Service of the Refunded Bonds by depositing with the Escrow Holder an amount which together with investment earnings thereon is at least equal to such Total Debt Service; and WHEREAS, in order to obtain the funds needed for such purpose, the Issuer has authorized and is, concurrently with the delivery of this Agreement, issuing its Gas System Revenue Refunding Bonds, Series [To be determined], as defined herein; and WHEREAS, the execution of this Escrow Deposit Agreement and full performance of the provisions hereof shall defease and dis- charge the Issuer from the aforestated obligations; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Issuer and the Escrow Holder agree as follows: SECTION 1. Definitions. As used herein, the following terms mean: (a) "Agreement" means this Escrow Deposit Agreement. (b) "Annum. Debt Service" means the interest and principal on the Refunded Bonds coming due in such year as shown on Schedule A 'attached hereto and made a part hereof. (c) "Bonds" means the $ City of Clearwater, Florida, Gas System Revenue Refunding-Bonds, series (to be determined], issued under the ordinance. A-1 (d) "Escrow Account" means the account hereby created and entitled Escrow Account established and held by the Escrow Holder pursuant to this Agreement, in which cash and investments will be held for payment of the principal of, premium, if any, and accrued interest on the Refunded Bonds as they become due and payable. (e) "Escrow Holder" means , having its primary corporate trust off ce in , , and its successors and assigns. (f) "Escrow Requirement" means, as of any date of calcula- tion, the sum of an amount in cash and principal amount of Federal Securities in the Escrow Account which together with the interest to become due on the Federal Securities will be sufficient to pay the Total Debt Service on the Refunded Bonds in accordance with Schedule A. (g) "Federal Securities" means any bonds ' or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed as to full and timely payment by, the United States of America, none of which permit redemption or prepayment prior to the dates on which such Federal Securities shall be applied pursuant to this Agreement. The term "Federal Securities" shall not include money market funds or mutual funds invested in obligations described in this definition. (h) "Issuer" means the City of Clearwater, Florida, and its successors and assigns. (i) "Ordinance" means Ordinance No. --97, enacted by the governing body of the Issuer on , 1997, as amended and supplemented, authorizing issuance of the Bonds. (j) "Refunded Bonds" means the bonds outstanding of the Issuer's Gas System Revenue Bonds, Series 1994A, dated September 1, 1994. (k) "Total Debt Service" means the sum of the principal, premium and interest remaining unpaid with respect to the Refunded Bonds in accordance with Schedule A attached hereto. SECTION 2. Deposit of Funds. The Issuer hereby deposits $ with the Escrow Holder for deposit into the Escrow Account, n immediately available funds, which funds the Escrow Holder acknowledges receipt of, to be held in irrevocable escrow by the Escrow Holder separate and apart from other funds of the Escrow Holder and applied solely as provided in this Agreement. $ of such funds are being derived from proceeds of the Bonds. $ of such funds are being derived from legally available funds of the Issuer. The Issuer represents A-2 that such securities and funds are at least equal to the Escrow Requirement as of the date of such deposit. SECTION 3. Use and Investment of Funds. The Escrow Holder acknowledges receipt of the sum described in Section '2 and agrees: (a) to hold the funds and investments purchased pursuant to this Agreement in irrevocable escrow during the term of this Agreement for the sole benefit of the holders of the Refunded Bonds; (b) to immediately invest $ of such funds derived from the proceeds of the Bonds in the Federal Securities set forth on Schedule C attached hereto and to hold such securi- ties and $ of such funds in cash in accordance with the terms of this Agreement; (c) in the event the securities described on Schedule C cannot be purchased, substitute securities may be purchased with the consent of the Issuer but only upon receipt of verification from an independent certified public accountant that the cash and securities deposited will not be less than the Escrow Requirement and only upon receipt of an opinion of Bryant, Miller and olive, P.A., that such securities constitute Federal Securities for purposes of this Agreement; (d) there will be no investment of funds except as set forth in this Section 3 and except as set forth in Section 5. SECTION 4. Payment of Bonds and Expenses. I (a) Refunded Bonds. On the dates and in the amounts set forth on Schedule A, the Escrow Holder shall transfer to First Union National Bank of Florida, Jacksonville, Florida, the Paying Agent for the Refunded Bonds (the "Paying Agent"), in immediately available funds solely from amounts available in the Escrow Account, a sum sufficient to pay that portion of the Annual Debt Service for the Refunded Bonds coming due on such dates, as shown on Schedule A. (b) 9xygnses. on each of the due dates as shown on Schedule B, the Escrow Holder shall pay the portion of the expenses coming due on such date to the appropriate payee or payees designated on schedule B or designated by separate certificate of the Issuer. (c) Surplus. After making the payments from the Escrow Account described in Subsection 4(a) and (b) above, the Escrow Holder shall retain in the Escrow Account any remaining cash in the Escrow Account in excess of the Escrow Requirement until the termination of this Agreement, and shall then pay any remaining A-3 funds to the Issuer. (d) priority of PayMents. The holders of the Refunded Bonds shall have an express first priority security interest in the funds and Federal Securities in the Escrow Account until such funds and Federal Securities are used and applied as provided in this Agreement. SECTIONS. Reinvestment. (a) Except as provided in Section 3 and in this Section, the Escrow Holder shall have no power or duty to invest any funds held under this Agreement or to sell, transfer or otherwise dispose of or make substitutions of the Federal Securities held hereunder. (b) At the written request of the Issuer and upon compliance with the conditions hereinafter stated, the Escrow Holder shall sell, transfer or otherwise dispose of any of the Federal Securities acquired hereunder and shall substitute other Federal Securities and reinvest any excess receipts in Federal Securities. The Issuer will not request the Escrow Holder to exercise any of the powers described in the preceding sentence: in any manner which, will cause interest on the Bonds to be included in the gross income of the holders thereof for purposes of Federal income taxation. The transactions may be effected only if (i) an independent certified public accountant selected by the Issuer shall certify or opine in writing to the Issuer and the Escrow Holder that the cash and principal amount of Federal securities remaining on hand after the transactions are completed will, assuming no reinvestment earnings, be not less than the Escrow Requirement, and (ii) the Escrow Holder shall receive an opinion from a nationally recognized bond counsel acceptable to the Issuer to the effect that the transactions, in and by themselves will not cause interest on such Bonds to be included in the gross income of the holders thereof for purposes of Federal income taxation and such substitution is in compliance with this Agreement. Subsection 4(c) above notwithstanding, cash in excess of the Escrow Requirement caused by substitution of Federal Securities shall, as soon as practical be paid to the Issuer. Notwithstanding any provision of this Agreement to the contrary, no forward purchase agreement shall relating to the securities held hereunder shall be executed unless Moody's Investors Service, Inc. shall have confirmed that such agreement shall not adversely affect the rating, then outstanding, if any, on the Refunded Bonds. SECTION 6. Redemption or Acceleration of Maturity. The Issuer will not accelerate the maturity of, or exercise any option to redeem before maturity, any Refunded Bonds, except as set forth on Schedule A attached hereto. SECTION 7. Indemnity. To the extent permitted by law, the Issuer hereby assumes liability for, and hereby agrees to indem- A-4 nify, protect, save and keep harmless the Escrow Holder and its respective successors, assigns, agents and servants, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disburse- ments (including reasonable legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against at any time, the Escrow Holder (whether or not also indemnified against the same by the issuer or any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Agreement, the establishment of the Escrow Account established hereunder, the acceptance of the funds and securities deposited therein, the purchase of the Federal Securities, the retention of the Federal Securities or the proceeds thereof and any payment, transfer or other application of funds or securities by the Escrow Holder in accordance with the provisions of this Agreement; provided, however, that the Issuer shall not be required to indemnify the Escrow Holder against its own negligence or willful misconduct. In no event shall the Issuer be liable to any person by reason of the transactions contemplated hereby other than to the Escrow Holder as set forth in this Section. The indemnities contained in this section shall survive the termination of this Agreement. The Escrow Holder shall not be liable for any deficiencies in the amounts necessary to pay the Escrow Requirement. Furthermore, the Escrow Holder shall not be liable for the accuracy of the calculation as to the sufficiency of moneys and the principal amount of Federal Securities and the earnings thereon to pay the Escrow Require- ment. SECTIONS. Responsibilities of Escrow Holder. The Escrow Holder and its respective successors, assigns, agents and servants shall not be held to any personal liability whatsoever, in tort, contract, or otherwise, in connection with the execution and delivery of this Agreement, the establishment of the Escrow Account, the acceptance of the funds deposited therein, the purchase of the Federal Securities, the retention of the Federal securities or the proceeds thereof or for any payment, transfer or other application of moneys or securities by the Escrow Holder in accordance with the provisions of this Agreement or by reason of any non-negligent or non--willful act, omission or error of the Escrow Holder made in good faith in the conduct of its duties. The Escrow Holder shall,, however, be responsible for its negligent or willful failure to comply with its duties required hereunder, and its negligent or willful acts, omissions or errors hereunder. The duties and obligations of the Escrow Holder may be determined by the express provisions of this Agreement. The Escrow Holder may consult with counsel, who may or may not be counsel to the Issuer, at the Issuer's expense and in reliance upon the opinion of such counsel shall have full and complete authorization and protection in respect of any action taken, suffered or omitted by it in good faith in accordance therewith. A-5 Whenever the Escrow Holder shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the Issuer. SECTION 9. Resignation of Escrow Holder. The Escrow Holder may resign and thereby become discharged from the duties and obligations hereby created, by notice in writing given to the Issuer, any rating agency then providing a rating on either the Refunded Bonds or the Bonds, and the Paying Agent for the Refunded Bonds not less than sixty (60) days before such resignation shall take effect. Such resignation shall not take effect until the appointment of a new Escrow Holder hereunder. SECTION 10. Removal of Escrow Holder. (a) The Escrow Holder may be removed at any time by an instrument or concurrent instruments in writing, executed by the holders of not less than fifty-one percentum (51%) in aggregate principal amount of the Refunded Bonds then outstanding, such instruments to be filed with the Issuer, and notice in writing given by such holders to the original purchaser or purchasers of the Bonds and published by the Issuer once in a newspaper of general circulation in the territorial, limits of the Issuer, and in a daily newspaper or financial journal of general circulation in the City of New York, New York, not less than sixty (60) days bef.,re such removal is to take effect as stated in said instrument or instruments. A photographic copy of any instrument filed with the Issuer under the provisions of this paragraph shall be delivered by the Issuer to the Escrow Holder. (b) The Escrow Holder may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provi- sions of this Agreement with respect to the duties and obligations of the Escrow Holder by any court of competent jurisdiction upon the application of the Issuer or the holders of not less than five percentum (5%) in aggregate principal amount of the Bonds then outstanding, or the holders of not less than five percentum (51) in aggregate principal amount of the Refunded Bonds then outstanding. (c) The Escrow Holder may not be removed until a successor Escrow Holder has been appointed in the manner set forth herein. SECTION 11. Successor. Escrow Holder. (a) If at any time hereafter the Escrow Holder shall resign, be removed, be dissolved or otherwise become incapable of acting, or shall. be taken over by any governmental official, agency, department or board, the position of Escrow Holder shall A-6 thereupon become vacant. If the position of Escrow Holder shall become vacant for any of the foregoing reasons or for any other reason, the Issuer shall immediately appoint an Escrow Holder to fill such vacancy and upon such appointment, all assets held hereunder shall be transferred to such successor. The Issuer shall either (i) publish notice of any such appointment made by it once in each week for four (4) successive weeks in a newspaper of general circulation published in the territorial limits of the Issuer and in a daily newspaper or financial journal of general circulation in the City of New York, New York, or (ii) mail a notice of any such appointment made by it to the Holders of the Refunded Bonds within thirty (30) days after such appointment. (b) At any time within one year after such vacancy shall have occurred, the holders of a majority in principal amount of the Bonds then outstanding or a majority in principal amount of the Refunded'Bonds then outstanding, by an instrument or concur- rent instruments in writing, executed by either group of such bondholders and filed with the governing body of the Issuer, may appoint a successor Escrow Holder, which shall supersede any Escrow Holder theretofore appointed by the Issuer. Photographic copies of each such instrument shall be delivered promptly by the Issuer, to the predecessor Escrow Holder and to the Escrow Holder so appointed by the bondholders. In the case of conflicting appointments made by the bondholders under this paragraph, the first effective appointment made during the one year period shall govern. (c) If no appointment of a successor Escrow Holder shall be made pursuant to the foregoing provisions of this Section, the holder of any Refunded Bonds then outstanding, or any retiring Escrow Holder may apply to any court of competent jurisdiction to appoint a successor Escrow Holder. Such court may thereupon, after such notice, if any, as such court may deem proper and pre- scribe, appoint a successor Escrow Holder. (d) Any corporation or association into which the Escrow Holder may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party, ipso facto, shall be and become successor Escrow Holder hereunder and vested with all the trust, powers, discretions, immunities, privileges and all other matters as was its predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any parties hereto, anything herein to the contrary notwithstanding, provided such successor shall have reported total capital and surplus in excess of $15,0001000, provided that such successor Escrow Holder assume in writing all the trust, duties and responsibilities of the Escrow Holder hereunder. A-7 . SECTION 12. Ravment to Escrow Holder. The Escrow Holder hereby acknowledges that it has agreed to accept compensation under the Agreement in the sum of $ , payable , for services to be performed by the Escrow Holder pursuant to this Agreement, plus out-of-pocket expenses to be reimbursed at cost from legally available funds of the Issuer. The Escrow Holder shall have no lien or claim against funds in the Escrow Account for payment of obligations due it under this Section. SECTION 13. Term. This Agreement shall commence upon its execution and delivery and shall terminate when the Refunded Bonds have been paid and discharged in accordance with the proceedings authorizing the Refunded Bonds, except as provided in Section 7. SECTION 14. 5everab_ility. If any one or more of the cove- nants or agreements provided in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be determined by a court of competent jurisdiction to be contrary to law, notice of such event shall be sent to Moody's Investors service at the address set forth in Section 15, but such covenant or agreements herein contained shall be null and void and shall in no way affect the validity of the remaining provisions of this Agreement. SECTION 15. AMendments_ to this Agreement. This Agreement is made for the benefit of the Issuer and the holders from time to time of the Refunded Bonds and the Bonds and it shall not be repealed, revoked, altered or amended in whole or in part without the written consent of all affected holders, the Escrow Holder and the Issuer; provided, however, that the Issuer and the Escrow Holder may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant to, or confer upon, the Escrow Holder, for the benefit of the holders of the Bonds and the Refunded Bonds any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Holder; and (c) to subject to this Agreement additional funds, securities or properties. The Escrow Holder shall, at its option, be entitled to A-8 i? request at the Issuer's expense and rely exclusively upon an opinion of nationally recognized attorneys on the subject of municipal bonds acceptable to the Issuer with respect to compliance with this section, including the extent, if any, to which any change, modification, addition or elimination affects the rights of the holders of the Refunded Bonds or that any instrument executed hereunder complies with the conditions and provisions of this Section. Prior written notice of such amendments, together with proposed copies of such amendments shall be provided to Moody's investors Service, Inc., Public Finance Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007. . SECTION 16. ggunternarts . This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. SECTION 17. Governing Law. This Agreement shall be construed under the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and their corporate seals to be hereunto affixed and attested as of the date first above written. CITY OF CLEARWATER, FLORIDA (SEAL) Mayor-Commissioner ATTEST: City Clerk Approved;as to form and legal sufficiency: City Attorney [ESCROW HOLDER] A-9 . _,? ' .,,' " . ? z. - ' s `.?ti;,, ;,:???t. .?. ,H¢.? F?rSS;:.'?'•?, >+?,''y?iY?odi.': ??'A?t.. ?.. M.I t+y'a«...a. .. } .. .... f.. ? ? ,„ .. .,- .:c ? .. ?. ,»m-K. . ?. . SCHEDULE A TOTAL DEBT SERVICE FOR CITY,OF CLEARWATER, FLORIDA GAS SYSTEM REVENUE BONDS SERIES 1994A I C ,.... • • 1' CIK-i APPOINTMENT WORKSHEET 3F FOR COMMISSION MEETING September 4.1997 APPOINTMENTS Agenda # BOARD Airport Authority MEMBERS: 5 TERM: 4 Years CHAIRPERSON: APPOINTED BY: City Commission MEETING DATES: 1st Wed., 3 pm FINANCIAL DISCLOSURE: Not required PLACE: Commission Chambers RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 1 Special Qualifications: None (5097-91) DATE APPTS TO BE MADE: 914197 THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Vacant Seat - Stephen Bils resigned person appointed will begin immediately and have term to 8/31/2001 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address 1; Robert Lunt 833-C Keene Rd. N., 33755 2. Mike Paloullan 1320 Summerlin Dr., 33764 3. H. Virginia Robinson 1005 Amble Ln., 33755 4. Dennis Roper 995 Lake Forest Rd.,33765 5. Ronald Streicher 2087 San Marino Way N., 33763 Comments-Related -Experience, Etc. prior work (15 yrs) w/Cessna Aircraft Co.,current work wlaircraft sales & mgmt past member Parks & Rec Board Nurse, Red Cross Volunter past member this board works with Young Eagles Program at airpark Zipcodes of current members on board: 1 at 33755 1 at 33763 2 at 33765 1 vacant Qi C? ?iYi?i.4rvl1'tf?WMSwix?,?r-•. •- •......x?..?.+ui?t a:?-?f?:nS?aUi`:sa??:.?..w».i:,i ii??tlifui•. `_??_ '?•_ ?' ------ •w..}--?? t ?1 3 APPOINTMENT WORKSHEET FOR COMMISSION MEETING September 4. 1997 APPOINTMENTS Agenda # I,, BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Commission RESIDENCY REQUIREMENT: City of Clearwater FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Eng./Env. SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Jill Meikonian MEETING DATES: 3rd Wed., 4 pm PLACE: Commission Chambers APPTS. NEEDED: 2 DATE APPTS. TO BE MADE: 914197 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Mike Foley 1994 (3 year 1 st term in creation of board) see x 2. Allan Stowell 1994 (3 year 1 st term in creation of board) * YES * 6/96-7197 = 12 mtgs: Mr. Stowell present 10/absent 2 -.Mr. Foley present 9/absent 3 x spoke with Mr. Foley's brother John on 8118/97. Mike is out of town until 8/30. John stated Mike's work schedule is very busy now and he doubted Mike would seek reappointment. He will check with Mike if Mike calls while away or the Clerk Department can verify Tuesday, 9/2 current terms expire 9/30 new terms expire 9/30/2001 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience-Etc. 1. Kirk Burness 1206 N. Osceola Ave., 33755 2. Jinene Harvey 341 McMullen Booth Rd S Bldg 13 Unit 145, 33759 Zipcodes of current members: 2 at 33765 1 at 33759 1 at 33761 1 at 33764 1 at 33765 1 at 33767 5 ' Management Consultant Medical Technologist RESOLUTION NO. 97- 53 H I ? A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission of the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real property within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have failed to take remedial action within the time provided and have failed to file a notice of appeal within the time allowed, or appealed the notice of violation but failed to take remedial action within the time provided by the Code Enforcement Board, and It became necessary for the City to take remedial action; and WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The City Commission hereby assesses a lien upon each parcel of real property listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown on Exhibit A. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A and to record the same in the public records of Pinellas County, Florida. PASSED AND ADOPTED this day of 1987. Approved as to form: John Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resoluflon No. 87.63 4i 320.00 320.00 v 'l'';r? ° .?.?F?tc.?;?.?s?nr,.??re..,..;?.?Jr.?sr'?i??.?r+p???.?+.??`4?':?'F",'.`:. ?' -??•? Pe" liminary Agenda Worksession) 1 PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Tuesday, September 2, 1997 1. Convene as Pension Trustees II. Reconvene Worksession PUR PURCHASING -- Extension, USA Waste Services, Inc., disposal of mixed loads of refuse, yard waste & construction materials, 915197-9!20198, est. $215,000 (SW) -- Sludge Hauling Services, J&J Baker Enterprises, Inc., 915197-91412002, est. $1,159,315 (annual est. $231,863)(EN) -- Extension, Unisys Corp., Unisys A-4 Software Licenses required to operate Unisys A-4 mainframe computer, est. $35,300, 1011197-9130198 (IM) -- Extension, Solarex Technologies of Lakeland, Unisys A-4 mainframe maintenance, est. $18,742, 1011197-9130198 (IM) -- Extension, Oracle Corp., software support of 4 Oracle database licenses, est. $39,138.41, 1011197-9130198 (IM) -- 25 desktop computers, Dell Computer.Corp., $73,005; to be purchased under City's master lease-purchase agreement (1M) -- BCD Computer Distributors, Inc., network equipment ($163,709.93) & software ($28,183.28), total $191,893.21 for Enterprise network Phase II & Fire substation network projects; equiupment will be purchased under City's master lease-purchase agreement (IM) -- Extension, Rotonics Manufacturing, 90 gallon black refuse containers & associated spare parts, 915197-111198, est. $90,000 (SW) -- Extension. Pennington, Moore, Wilkinson and Dunbar, P.A., legislative consulting services, 1011197-9130198, est. $26,000 plus reasonable out of pocket expenses (CLK) -- Cellular Telephone Services, AT&T Wireless Services, 9115197-9130198, est. $71,850 (IM) FN FINANCE 1. Res. #97-52 - establishing intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing (1997 Gas System Revenue Bonds) 2. First Reading Ord. #6188-97 - providing for advance refunding of the outstanding Gas System Revenue Bonds, Series 1994A GAS GAS SYSTEM 1. Contract for installation of polyethylene gas mains & service lines, Heuer Utility Contractors, Inc., 915197-914198, est. $731,150 HR HUMAN RESOURCES 1, Approve continued use of Premium Stabilization Fund to offset '/2 of biweekly premium for employees with 2 of more dependents for period 111198-12131198 ($141,888) and to offset the 1.5% ($32,064) biweekly premium increase for calendar year 1998, at est. total $173,952 resulting in -0- increase in employee health insurance deductions for 98 calendar year 2. Extension, health insurance contract, Prudential Health Care System of Tampa Bay, under fully insured arrangement for period 111198-12131198, est. $3,837,401 3. Extension, mental health/substance abuse coverage contract, Professional Psychological Services {PPS), 111198-1211198, est. $168,951 912197 IM INFORMATION MANAGEMENT 1. Promotional License Agreement with Clearwater Mall allowing City to conduct an EXPO and Parks & Recreation Mall Show in celebration of Florida City Government Week on 10/25/97 (Consent) MR MARINE 1. Res. #97-49 - increasing Commercial Vessel Slip Rent by 5%, except for Special Purpose (Parasail) vessel slip rent, which will be increased by 50% and increase daily Transient Vessel Slip Rent from .90 to $1, per foot, per day and monthly Transient Vessel Slip Rent from $11 to $13, per foot, per month, at Clearwater Municipal Marina 2. First Reading Ord. #6171-97 - Relating to Ch. 33, deleting Secs 33.091 (1) & (2) Shark Fishing, and adding Sec. 33.091 Fishing, to prohibit fishing from Clearwater Pass Bridge, Island Estates Bridges, and any other city property where posted PD POLICE 1. Renewal lease agreement with Sgt. Allen Moore Community Partnership, Inc., Lessee, for 1996 Ford Econoline 15-passenger Club Wagon, for 1 year commencing'9/20/97, renewable for up to additional 3 years, at annual lease payment of $1 for each period (Consent) EN ENGINEERING 1. Public Hearing & First Reading Ord. #6181-97 - Vacating north 0.5' of the 5' drainage & utility easement lying along north side of southerly platted lot line of Lot 104, Landmark Woods 2nd Addition (Karen Fitzgerald & James Fisher / James L. & Gail D. Gail, V97-10) 2. Public Hearing & First Reading Ord. #6182-97 - Vacating a portion of 10' drainage & utility easement lying along east side of Lot 113, Del Oro Groves 1 st Addition (Kevin Burke, V97-12) 3. Consider Res. #97-51 - which would officially change the name of that portion of Bayview Avenue, lying south of Gulf to Bay Blvd. & within city limits to "South Bayview Avenue" 4. Intergovernmental Agreement with Pinellas County for transfer of rights-of-ways of Gulfview Blvd. and Coronado Dr. on Clearwater Beach from County to City (Consent) 5. Work Order, McKim & Creed, update of Master Plan for Reclaimed Water System Development, and analysis of potable water system, $126,800 (Consent) 6. Approve ranking for Alligator Creek Trunk Sewer Cleaning & Television Inspection of Kimmins Contracting Corp. (1), Infrastructure Rehabilitation Services, Inc. (2), and Video Industrial Services (3), and award contract to Kimmins for $390,4200, and additionally approve $39,042 for contingency fee of 10% 7. Presentation - Traffic Calming (WSO) CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #6172-97 & #6173-97 - Land Use Plan Amendment to Recreation/Open Space & OS/R & P Zoning for property located at 2950 Drew St., Sec. 8-29-16, M&B 44.01 (City of Clearwater, LUP97-07, Z97-08) 2. Public Hearing & First Reading Ords. #6177-97 & #6178-97 - Annexation & IL Zoning for property located at 2096 Gentry St., NE '/+ Pinellas Graves, part of Lots 5 & 12 (Gregory & Peggy Zukowski, A97-09) 3. (Cont. from 8/7/97) Public Hearing - Land Use Plan Amendment to Resort Facilities High & CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 IBhula, LUP97- 06, Z97-06) Staff request to Cont. 9/2/97 2 4. Public Hearing - Annexation & 1) CH, 2) RS-4 Zoning for property located at 1) 18350 US19N, Sec. 19-29-16, M&B 44.12 & part of 44.11 & 2) Hampshire Acres, Blk A, Lots 12 & 13 (Staring, THE 1 Rite-On Land Trust, Progressive Development Group, Inc., Z97-08) - To be Cont. to 1012197 CM ADMINISTRATION 1. Public Hearing & First Reading Ord. #6185-97 - declaring millege rate to be levied for FY beginning 10/1197 and ending 9130198, for operation purposes including pensions & debt service, and road maintenance for capital improvement expenditures at 5.1158 mills 2. Public Hearing & First Reading Ord. #6186-97 - adopting an operating budget for FY beginning 1011197 and ending 9130198 3. Public Hearing & First Reading Ord. #6187-97 - adopting the CIP budget for FY beginning 1011197 and ending 9130198 4. Public Hearing - approve transfer of $1,000,000 of Penny for Pinellas tax from Landmark Drive extension project to the Memorial Causeway Bridge project CLK CITY CLERK 1. Airport Authority - 1 appointment 2. Clearwater Housing Authority - 2 appointments 3. Environmental Advisory Board - 2 appointments 4. Long Center Foundation, Inc. Board of Trustees - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6176-97 - revising Sec. 28.04 and Appendix A, Schedule of Fees, Hates and Charges, i XXVIII, Occupational License Fees, to allow the sale of ice cream from trucks on residential streets Resolutions 1, Res. #97-53 - Assessing property owners the costs of having mowed or cleared owners' lots Agreements, Deeds and Easements 1. Drainage & Utility Easement - portion of NWA of Sec. 1-29-15 {Keene, Inc.)(Consent) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports 1. Change 9116/97 Special Meeting Commission Discussion Items 1. Revised Street Closure Request - Church of Scientology, Friday 9112/97, one southbound lane of Ft. Harrison, blocked off between Pierce & Franklin Presentation(s) for Thursday Night 1. Recognize Police Explorers - State Champions Other Commission Action Adjourn 912197 3 Ens `7 TRAFFIC CALMING Pi LOT PwnL.WIIIIIIIIIWOGRAM LL 4 ofolp Now TRAFFIC ENGINEERING September 1997 t??f?.,ys.fJf?': sMSa••f..ww?... TRAFFIC CALMING PILOT PROGRAM Process Overview RESIDENTIAL TRAFFIC CALMING REQUEST by Homeowners/Civic Associalion, Resldenl,CilizenGroup or City Staff SUPPORT OF NEIGHBORHOOD ASSOCIATION SUPPORT OF NEIGHBORHOOD REPRESENTATIVES (If one exists) L (If no Neighborhood Association exists) PRELIMINARY FIELD REVIEW OF EXISTING CONDITIONS DATA COLLECTION LEVEL I REVIEW Neighborhood Participation/Resofulfo0 Increased Enforcement LEVEL 11 REVIEW Neighborhood Concensus Passive Traffic Control LEVEL III REVIEW Speed Controls Volume Controls INSTALLATION Engineering , Financing Construction COMPLIANCE IMPACT ANALYSIS DRAFT DRAFT DRAFT OBJECTIVES 1. To develop a cooperative relationship between neighborhood residents, citizen groups and City Staff in resolving traffic and pedestrian concerns. 2. To involve citizens and interest groups in the early stages of projects under consideration through informal meetings to exchange ideas and concerns. 3. To develop a "neighborhood conservation" environment where beautification and landscaping are incorporated into calming measures. 4. To develop a listing of residential street assessment and traffic calming needs. 5. To provide a meaningful program for the enhancement of the quality of life in residential neighborhoods. 6. To document the impact of each traffic calming project to ensure the effectiveness of the program. SUMMARY OF PROCESS PRELIMINARY REVIEW 1. Resident, neighborhood representative, citizen or City staff member contacts Traffic Engineering to discuss neighborhood traffic problem. 2. City staff explains the requirement for neighborhood association or neighborhood representative support. 3. City staff explains Traffic Calming Pilot Program, including petition process, and provides copies of the program manual as needed. 4. City staff performs preliminary field review of conditions and reviews findings with resident or neighborhood representatives. 5. City staff and resident or neighborhood representatives identify locations of potential traffic calming measures. DATA COLLECTION City staff identifies study area, collects and analyzes traffic data for (1) traffic volumes, (2) vehicle speeds, (3) cut-through traffic frequency, (4) pedestrian activity and safety needs, and (5) traffic accidents. LEVEL I REVIEW 1. City staff meets with residents of the neighborhood to discuss problem identification and possible means of resolution. 2. Traffic Engineering staff discusses various measures available to resolve the identified problems. 3. Neighborhood decides if enforcement efforts are sufficient or additional controls of level X or level H review are warranted. ?f DRAFT DRAFT DRAFT LEVEL If REVIEW 1. Traffic Engineering staff and neighborhood representatives concur on any combination of passive traffic control measures such as signing, pavement markings, speed enforcement and traffic calming awareness methods. LEVEL III REVIEW 1, Traffic Engineering staff and neighborhood representatives concur that passive traffic control measures will not resolve concerns. 2. Proposed traffic calming measure is determined by consensus of Traffic Engineering staff and neighborhood representatives, and forwarded to City Engineer for approval. 3. City Engineer informs neighborhood representatives of the recommended treatment, and Traffic Engineering schedules a public meeting for discussion and vote of approval or opposition. 4. If supported by affected property owners, City Engineer will proceed with the design and implementation of the proposed treatment. 5. Citizen appeal of the City Engineer's decision will be through the City Manager. INSTALLATION 1. Engineering Services designs the proposed traffic calming measure. 2. Project is funded by Engineering Department budget. 3. Project is constructed by contract. COMPLIANCE 1. Traffic Engineering performs studies to determine the degree of compliance with anticipated speed and/or volume reduction. 2. Study results discussed with neighborhood representatives and determination made on whether more restrictive traffic control measures are needed. I PACTANALYSIS 1. Traffic Engineering performs studies to determine impact on the entire neighborhood. 2. Traffic Engineering performs re-assessment within two years of installation. K Sop-02-97 02:25P 2fiP P.02 CITY OF CLEAR WA TER TRAFFIC CALMING REQUESTS 1. Cadouel 2. Northwood West 3, Grandview Torrece .4. Imperial Park 3. Valencia Park/Caiar Grove b. Orovewood 7. Nimbus Aveme (Gulf-to-Bay to Drew) 8, Boylan Avenue (Bellevue to Lakeview) 9, Glenwood Avenue (Drew to Palmetto) 10. Saturn Avenue (Drew to Palmetto) 11. Betty Lane (Near )aBbrd$) 12. Edenville Ave. (Druid to Gulf-to-Bay) 13, Osceola Ave. (Gcorgla St. to Sunburet Ct.) 14, Greenlea Dr, (Highland Ave. to Kee m Rd.) 15, FnIrwood Ave. (RR tracks to Edenwood) 15. Edenwood St. (Calamondin Lane to Mellonwood) 17, Elysium Blvd. (Union St. to Chancery Lane) • 18, Palmetto (Neu Richards) 19. Satum Ave. (Gulf-to-Bay to Drew) COPIES TO: MMMISSION SEP a 31997 katitss CLERK / A'T'TORNEY MG/dpm n??c?gvrsx?