09/18/1997
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Agenda:
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City Commission
Meeting
9-18-97
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note: 9-15-97 Preliminary (Worksession) Agenda and paperwork
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that was in package initially but then not continued onto
, Thursday's agenda is at the back of this agenda pack.
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ACTION AGENDA" CLEARWATER CITY COMMISSION MEETING
Thursday,-September 18, 1997 - 6:00 P.M. - Commission Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations: a) Harborview Center -
Business Overview
6. Approval of Minutes - Regular Meeting
9/4/97 & Special Meeting 9/15/97
(attorney /client)
7. Citizens to be heard re items not on the Agenda
1. Commissioner Clark.
2. Mayor.
3. 1 award presented.
4. None
5. a) Overview received.
6. Approved 9/4 as corrected and 9/15 as
submitted.
John Doran announced the Beach Consulting Team will be at a meeting to take comments next
Wednesday (9/24/97) night.
PUBLIC HEARINGS
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8. Public Hearing & First Reading Ord. #6189-
97 - Vacating N 8' of 25' drainage & utility
easement lying along S side of Lot 66
Windsor Park 1 st Addition (Richard & Doris
Harding, Jr., V97~13)(EN)
9. Public Hearing & First Reading Ord. #6190-
97 - Vacating 20' drainage & utility easement
lying along N side of Lot 14, less westerly
15'; and vacate 5' drainage easement lying
along E side of said Lot less southerly 10'
thereof; together with; 20' drClinage & utility
easemsl,t and 5' drainage easement, both
lying along W side of Lot 13, less northerly
12' and southerly 10' thereof, The Reserve
Sub. (William & Debra Baumgart, V97-
14)(EN)
10. Variance(s) to Sign Reg'ulations for property
located at 1239 Ewing Ave., Milton Park, Blk
12, south 77' of Lot 1 (Ralph & Vanessa
Rophlo, SV97-11 HCP)
9/18/97
8. Approved. Ord. #6189-97 passed 1 st
rending.
9. Approved. Ord. #6190-97 passed 1 st
reading.
10. Approved 4 sq. ft. variance to allow a 28
sq. ft~ freestanding sign subject to: 1) ,
applicants shall obtain a permit for and
modify this sign within 90 days of this date,
and 2) applicants shall install landscaping
around the base of the sign to screen the
support poles & enhance the appearance of
the sign.
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Public Hearing - Second Reading Ordinances
11. Ord. #6171-97 - Relating to Ch. 33, deleting 11. Ord. #6171-97 adopted.
. Sees 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
12. Ord. #6'177-97 - Annexation for property 12. Ord. #6177-97 adopted.
located at 2096 Gentry St., NE % Pinellas
Groves, part of Lots 5 & 1 2 (Gregory &
Peggy Zukowski, A97-09)
13. Ord. #6178-97 -IL Zoning for property 13. Ord. #6178-97 adopted.
located at 2096 Gentry St., NE % Pinellas
Groves, part of Lots 5 & 12 (Gregory &
Peggy Zukowski, A97-09)
14. Ord. #6181-97 - Vacating north 0.5' of the 14. Ord. #6181-97 adopted.
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. Gall, V97-10)'
15. Ord. #6182-97 - Vacating a portion of 10' 16. Ord. #6182-97 adopted.
, drainage & utility easement lying along east
side of Lot 113, DelOra Groves 1 st Addition
(Kevin Burke, V97-12)
16. Ord. #6185-97 - declaring millage rate to be 16. Ord. #6185-97 adopted.
levied for FY beginning 10/1/97 and ending
9/30/98, for operation purposes including
pensions &' debt service, and road
maintenance for capital improvement
expenditures at 6.1168 mills
17. Ord. #6186-97 - adopting an operating 17. Ord. #6186-97 adopted.
budget for FY beginning 10/1/97 and ending
9/30/98
18. Ord. #6187-97 - adopting the CIP budget for 18. Ord. #6187-97 adopted.
FY beginning 10/1/97 and ending 9/30/98
19. Ord. #6188-97 - providing for advance 19. Ord. #6188-97 adopted.
refunding of the outstanding Gas System
Revenue Bonds, Series 1994A
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-28) - Approved as submitted less #28.
9/18/97
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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.
20. Purchase of property, casualty, liability, workers' compensation, & flood insurance coverage for
FY 1997-98, not to exceed $900,000 (FN)
21. Agreement with First Union Capital Markets Corp. for City's Financial Advisor (FN)
22. Banking Services Agreement with Barnett Bank, 3 years commencing 10/1/97, est. $90,000
annually (FN)
23. Contract for parts, services, & hardware supplies for City vehicles & equipment, Anderson Auto
Parts, Inc., 9/22/97-9/21/99, with option to renew for 3 additional 1 year periods uron mutual
consent, at 2 year est. cost not to exceed $1,410,000 (GS)
24. Addition of MSB to custodial service contract with Triangle Maintenance Services, 8/1/97-
7/31/98, adding $45,340 increasing total to $111,160 (GS)
25. Contract for purchase of a 1997 One Ton High Cube Van equipped with a TV Inspection System
for sewer & pipe lines be awarded to Cues, cost not to exceed $90,400; funding to be provided
under City's master lease-purchase agreement for $75,400 and Public Service's operating budget
for $15,000 (GS)
26. Renewal - long term disability (L TO) insurance for employees not covered by City's Pension Plan,
Provident Life and Accident Insurance Company, 11/1/97-10/31/99, est. $61,968 (HR)
27. License Agreement, Anderson Bay Cruises, Inc., 10/1/97-9/30/2002 (MR)
28. Increase existing contract with Dravo Lime Company for quicklime for Water Pollution Control
Division, by est. $442,080, for total est. $884,160 (ENI - APPROVED.
OTHER ITEMS ON CITY MANAGER REPORT
29. Res. #97-54 - providing for sale of not to
exceed $9,000,000 Gas System Revenue
Bonds, Series 1997 A and $17,500,000 Gas
System Revenue Refunding Bonds, Series
1 9978 (FN)
30. Budget 1 996-97 Third Quarter Review (CMI
a) First Reading Ord. #6183-97 - Amending
Operating Budget for Fiscal Year ending
9/30/97
b) First Reading Ord. #6184-97 - Amending
Capital Improvement Program Report and
Budget for Fiscal Year ending 9/30/97
31. Cooperative 'Agreement , FOCA, Coastal
Management Program, for development of
Clearwater Harborwalk Project, total cost
$100,000 of which City share for this phase
shall not exceed $ 50,000 (CMI
29. Approved. Res. #97-54 adopted.
30. Approved.
a) Ord. #6183-97 passed 1 st reading.
b) Ord. #6184-97 passed 1 st reading.
31. Withdrawn.
32. Other Pending Matters
a) Update re Airport Authority & Environmental Advisory Board appointments ~ Update given.
, 9/18/97
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CITY ATTORNEY REPORTS
33. Resolutions - a) Adopted.
a} Res. #97-55 - Delegating the authority to authorize and sign requests to the FOOT for
temporary closing and special use of state roads to the City Manager
34. Other City Attorney Items - Authorized 3,d party action against Clearwater Packaging and Cory
Hoover.
Attorney/Client Sessions set: Abdullaj "5. City at 9:00 a.m. 10/6/97 and Stathis vs. City
immediately after Abdullaj on 10/6/97.
35. City Manager Verbal Reports
Set closed bargaining session for 3:30 p.m. on 10/2/97.
36. Other Commission Action
Clark questioned if the Commission wanted to support legislative action regarding difficulties
Canadians are having with changes in visa formalities. Additional information was requested .
HooDer stated the recent Uniform Crime Report showed Clearwater to be a very safe city.
HOODer questioned if East Street would be resurfaced as part of the current resurfacing of streets
in downtown.
HooDer questioned if an update on the parking garage would be scheduled for the next meeting.
The City Manager reported the price for constructing an entire fourth floor given by the
contractor was pretty high and it did not seem feasible to do this at this time. He indicated there
might be other ways to accommodate additional parking.
Johnson congratulated Chief Klein for a $20,000 grant and thanked Harry Cline for a nice letter.
Johnson did not think the expense of advertising C-View call-in shows is justified. The City
Manger is to come back with alternatives.
Johnson expressed his sympathy to the Hahn family.
Seel requested the Mayor respond to a recent letter to the editor regarding billboards.
Seel stated the Pine lIas Planning council is questioning if Clearwater will support the annexation
legislation. This will be on the next agenda.
Seel questioned if a sidewalk will be constructed on Nugget Drive as recently requested by
citizens. The City Manager indicated it would be.
Garvev questioned if the City Attorney had seen a letter form Time Warner. The City Attorney
indicated she was aware of the ruling but had not seen the letter yet.
Garvev requested citizens continue to report malfunctioning street lights; requested the number
to call be verified.
Garvev announced the Taste of Clearwater to be held at the Harborview Center on September
25/ 1997.
37. Adjournment - 7:49
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9/18/97
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Commissioners
Cynthia E. Goudeau, City Clerk @
SUBJECT: Follow up from September 15, 1997 Work Session
FROM:
i:
COPIES: Michael J. Roberto, City Manager; Rich Baier, Engineering Director; Margie Simmons,
Finance Director; Director, Tina Wilson, Budget Director
DATE:
'September 16,1997
In response to questions raised at the September 15 1997, Work Session, the following answers are
in final agenda order: .
Item #28 - Quicklime - attached is a memorandum from Keith Bush that outlines the procedure to
determine the charge to Safety Harbor for Wastewater Treatment.
Item #30 . 3rd Quarter Budget. the ordinances are included with the item. The amendment
recognizes both the first principal payment of $20,000, as well as interest on the loan of $4,510 for
Harborview Center. On October 1, 1996, The General Fund reserve was estimated to be $9,446,480 or
13.5% of approved budgeted expenditures. Items that have been appropriated from the reserves are: 1)
$380,850 to fund the llmiraclen project, 2) $1,000,000 to fund the General Fund retirements, and 3)
$416,441 recognizing anticipated decreases in revenues from fines and forfeitures and interest earnings.
Miscellaneous:
Park Street Garage. attached is an analysis of the Park Street Garage Sale and Debt Defeasance.
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Interoffice Correspondence Sheet
Joe Reckenwald, WPC Superintendent and Mahshid Arasteh, Engineer III
From:
Keith Bush, Senior Accountant
cc:
Margaret Simmons, Finance Director
Date:
September 16, 1997
RE:
Computation of Charge to Safety Harbor for Wastewater Treatment
;i
The calculation is in accordance with the July 28, 1988 Agreement for Utilization of Sewage Treatment
Facilities Between the City of Clearwater and the City of Safety Harbor which describes what fees Safety
Harbor is to pay and what is to be included in those fees.
We charge Safety Harbor based on the cost per million gallons of wastewater treated. To determine
that cost we begin with the annual audited expenses for the Engineering departme'nts of WPC
Wastewater Treatment Operations (01351) and laboratories (01352). To this we add maintenance
costs from the Lift Stations/Motor Shop program as specified by Public Services. We then subtract
depreciation, interest on lease purchases and customer deposits, peroxidation services, insurance
expense and interfund administrative charges attributable to sewers and lift stations, interfund charges
for utility billing services, non administrative charge transfers to the General Fund and the provision for
uncollectible accounts. Finally, we add the Renewal and replacement Factor of 5% of the net after all
of the adjustments.
Our result is then divided by the amount of wastewater (in millions of gallons) treated by the three
advanced treatment plants. This rate per million gallons is then applied to the gallons of wastewater
treated for Safety Harbor during the fiscal year to determine their share of the annual cost. To this we
add the annual debt service and the peroxidation services applied directly to Safety Harbor's
wastewater.
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Hopefully this satisfy your requirements but, if you need more specific information please let me know.
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Mayor Garvey
Sally Thomas, City Clerk Spedalist
Invocation
Cynthia Goudeau, City Clerk
September 18, 1997
No minister will be present this evening.
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CI T Y OF C LEA R W ATE R
Interdepartmental Correspondence
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CLEARWATER CITY
COMMISSION
Agenda Cover Memorandum
Item II:
Meeting Date: 9/15/97
9/18/97
SUBJECT: SERVICE AWARDS
RECOMMENDATION/MOTION:
The following employees be presented with service awards for their length of service in the
emplovment of the City of Clearwater.
181 and that the appropriate officials be authorized to execute same.
BACKGROUND:
5 Years
Michael L. Faulkner
Arlita W. Hallam
Jennifer L. Tudor
Michael S. Sullivant
Engineering
Library
Library
Information Management
10 Years
Judith A. Smith
Richard D. Debord
Gina L. Morrow
Hilliard Sanders
James D. Betts, Jr.
Robert S. TelJone
Walter S. Miksza
Elaine A. Muldowney
Police
Community Response
Parks & Recreation
Public Services
Gas
Fire
Gas
Gas
15 Years
Brenda L. McLaughlin
Doreen B. Brett
Margaret L. Simmons
Police
Central Permitting
Finance
20 Years
Thomas E. Downes
Margaret G. Guenther
Solid Waste
Finance
25 Years
Birgitt S. Dowd
Parks & Recreation
Revlowed by: Originating Dopartment: Costs: Commission Action:
LeaDl HUMAN RESOURCES o Apptov.d
Bud;.t T01al o Approved w/Condhlone
Putchulna U.er Department: o Denied
FUek Mgmt. Current Flecal V.Dr o Continued 10:
18 Funding Source:
ACM o ClIp/tal Improlt8ln11nt:
Other Advertleed: 0 Operating:
D.1e: 0 Attachments:
Othtr:
Pap.r:
Submitted CJ Not Required Approprfadon Code
by:
Affected Partlos:
lJ Notified o Non.
elty "'.neo-r o Not R.qulr.d
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TOz Mayor Rita Garvey
FROM: Betty Blunt. Confidential Clerk/Receptionist
copms: City Commissioners. Michael Roberto. Cyndie Goudeau
SUBJECT: Presentation at the September IS, 1997 City Commission Meeting
DATE: September IS. 1997
The f<;lUowing presentations will be made at the Septembe~ 1Slk City Commission meeting:
15 years '
Doreen Brett, Central Pennltt1ng (letter of appreciation, plaque)
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BUSINESS OVERVIEW
September 1997
GFS
A Globe FacUlty Servlcos Managed Facl~ty .
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September 10,' 1997
Michael Roberto'
City Manager
City of Clearwater
1120 South Osceola Avenue
. Clearwater, Florida 33757
Dear Mr. Roberto:
Harborview Center is a unique partnership of government and private enterprise providing the best
scenario for success. For the City of Clearwater it presents an exciting and challenging additional
opportunity to market a destination and with management by Globe Facility Services the opportunity to
grow a tax dollar investnient into a measurable contributor to the community. Opened in January 1996,
the Harborview Center is now a venue for a wide variety of uses. This facility is providing many benefits
to the community. Activity at the venue is resulting in added density in and around the downtown.
Dollars are being spent on hotel sleeping rooms and in related areas such as attractions, restaurants,
recreation activities, entertainment or souvenirs.
Of greater interest to local citizens is the fact that Clc8IWater has a facility suited to hosting exhibitions
that are entertaining and interesting to the general public. Shows featuring arts and crafts, health care,
antiqu'es, bridal services, home improvements and accessories provide the local community with a visible
benefit of facility use.
,
Corporations, local and national, are able to produce training programs, seminars, or product introduction
events in the facility. Educational organizations have found the conference level space very conducive to
their prograins.
TIu~ Tampa Bay area has a very active social calendar. Food and beverage dominated events such as fund
raising galas, awards banquets or family celebrations assure a great deal of revenue for the facility and
have contributed to recognition locally.
GFS
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We are pleased to submit the following report on the Harborview Center. This report provides detailed
, useful information on the usage of the facility and is divided into the following sections:
. Market Segment Review
Number of Events
Attendance
. Market Segment Summaries
. Customer's Evaluations .
. Our Customer's Comments
. Economic Impact
Direct Spending Report
. Projections
Financial
Attendance
'Also immediately following this report are copies of the ten slides which we will present on September
18, 199~ to the City Commission which summarizes this report.
This report demonstrates that the Harborview Center is ofse..vice to all segments of the community. The
fnformation clearly demonstrates growth in areas such as attendance, events and revenues. The
Harborview Center is bringing a large number of people to downtown Clearwater and the majority are
during the day thus creating an opportunity for business development.
Thank you for this opportunity to discuss the Harborview Center.
. ,
Sincerely,
~91!:1f~~'
Barry 1. Strafaccl
Geneml Manager '
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. MARKET
, SEGMENT REVIEW
NUMBER OF EVENTS
ATTENDANCE
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A Globe FacUlty Services Managed Facility
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HarbOlview Center's primary business segment is shawing significant growth while civic/recreation events
decrease due to decreasing space availability.
Number of Events FIscal Fiscal Fiscal %
95/96 96/97 97/98 Change
. Conventions, Conferences. Corp. Meetings 51 15% 97 21% 177 32% 82%
Public Consumer Shows 26 8% 41 9% 45 8% 10%
. . Civic Meetings 20 6% 60 13% 51 9% -15%
Social Meetings 25 7% 81 17% 177 33% 119%
City Clearwater Parks & Recreation Events 206 61% 165 35% 79 14% -53%
City ClearWater Departmental Events 10 3% 24 5% 20 4% -17%
TOTAL 338 100% 468 100% 549 100% 17%
Number of Events
250
50
II Fiscal9S196
. Fiscal 96/97
C Fiscal 97198
200
150
100
o
Conventions.
Conferences.
Corporal!:
Meetings
Public
Consumer
Shows
Civic
Meetings
Social
Meetings
City
Cleazwater
Parks &
Recreation
City
Clearwater
Departmental
Events
Type arEveat
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Harborvlew Center Attendance
Harborview Center has demomitrated that quality services can be provided for a wide variety of customer needs. Events held
have drawn visitors from around the world, the nation, the region, as well as having provided for the meeting and social needs
of local citizens.
,- Fiscal Fiscal Fiscal % Change
95/96 96/97 97/98
Conventions, Conferences. Corp, Meetings 23.132 33% 45,811 39% 55,825 41% 22%
Public Consumer Shows 21,067 30% 38,535 32% 42,500 31% 10%
Civic Meetings 1,260 2% 4,535 4% 5,030 . 4% 11%
Social Meetings 7,475 11% 18,365 16% 26,560 20% 45%
City Clearwater Parks & Recreation Events 14,454 21% 9,300 8% 4,200 3% -55%
City Clearwater Departmental Events 2,630 3% 1,569 1% 1,600 1% 2%
TOTAL 70,018 100% 118,115 100% 135,715 100% 15%
Harboniew Attendance
, , 60,000
50,000
. AltendAnee Fiseal9S196
. ^ttendmce Fiscal 96/97
.
C Attendance Fiscal 97198
40,000
. 30,000
20,000
10,000
o
ConventiOllJ,
Conferences,
Corporate
Meetinas
PubUe
Consumcr
Shows
Civic
Meetinas
Social
Meelinss
City
Clearwater
Pub &.
Recreation
City
Clwwater
Departmental
Evenu
Type or Eveat
4
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HARBORVIEW WELCOMES CONVENTION CLIENTS!
Fiscal Year 1996/97
,i
. October. 1996, Global Church of God, Feast of Tabernades - reported 1104 in attendance. Used Econo Lodge
Clearwater beach. several superior small lodging properties and condominiums.
Returning October, 1997 and are holding dates through 2005.
. January, 1997, International Kite Trade Association, Annual Convention and Trade Show. Used Doubletree Hotel and
several smaller properties. 750 visitors from Gennany, Australia. Denmark, Canada, Great Britain, as well as the United
. States.
. Ace Beauty Supply, February 1997. headquartered at the Doubletree Surfside and Clearwater Beach Hotel. Also used
several smaller hotels such as KoliBree.
. March. 1997, Progressive MIssionary Baptist Convention confumed the use oftbe Holiday Inn. Ramada Countryside,
Best Western, Day's Inn, Howard Johnson and Ramada, Ltd. On U.S, 19.
II March. Network International headquarted at Doubletree Hotel. Network International is a for profit division of the
American Association of Community Colleges in Washington, D.C.
. Top Marketing - Client reported 82 out.of.town visitors at various hotels. Client used City of Tourism brochure for
reference. Jolly Trolley was chartered to transport gUests to the Starlight Majesty for their farewell banquet.
Fiscal Vear 1997/98
. Ofimger Management's Memories Expo - October, organizers project 50 exhibiting personnel from outside Clearwater.
Doubletrce Surfside headquarters. Plans include using the Jolly Trolley as shuttle service.
. Globid Church of God - Returning October, 1400 delegates anticipated, 1980 room nights, Holding dates for 1999-
2005.
. Mastering Computers. OctoberlNovember, three.week program, Client negotiating with several hotels on 30 room
block.
. ,
. February, Sparkling Depression Glass - Public show, client reporting 100 rooms needed. Show attendance 2000.
. February, Contract Builders Association, Pinellas chapter. Trade only show. 30 out-of-town exhibitors.
.. Supersales of AmerIca, April. Public show. Show management projecting 300 rooms needed. Total show attendance
5000.
. April. 1998, BaIley Smith Ministries (1000 attendees), Bclleview Bilbnore. Also booked in 1999.
. . Florida State Primitive Baptist Convention (1200). Hotels include Belleview Biltmore. Sea Stone and Sea Wake Inns
and Ramada Gulfview.
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, HARBORVIEW lIOSTS PINELLAS COUNTY CONVENTIONS!
Harborview Center, as a gathering for county wide events. creates density and will have future benefits for the Clearwater
retail community. Repeat business is a cornerstone of successful business. The following organizations from Pinellas County
,- . continue to book Harborview:
. Contract Builders Association of Pluellas County - Annual Awards Banquet, Annual Convention and Trade Show for
over 1000 professional builders for the third year in 1998.
. Community Association Institutes - Annual Suncoast Chapter CA Day the last two years and returns in 1998,
Attendance is 1000. This association has also booked several seminars with the facility. This is an organization of
condominium associations.
. The PInellas EducatIon Technology Conference - sponsored by PineUas County Schools - August, 1996. returning this
October with a projected attendance of 1800, providing both tradeshaws and seminars.
. Upper PInellas County Dental Association - Annual Relicensure Conference
and flTSt time trade show in April, 1997. Attendance was over 250, They are
discussing dates for late next spring.
II The Plnellas County Medical Sodety Health FaIr - November 1996 and February, 1997. Show management estimated
attendance each time was 1500 and the show was open to the public.,
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HARBORVIEW PLEASES CORPORATIONS! ,
Forcorporatc meetings, Harborview Cct;1ter is steadily growing a list of return clientele such as
. GTE
. GE
. Advance Clinical Resources
, ,
. Morton Plant Mease
, '
.,'
, . ' Carlisle Motors
.'.
. Financial Guidance Group
. Advance Marketing Group
. Suncoast Excel Communications
. Sf. Peters"':.trg Times
a AJUant Foods
.. Sysco Foods, Parkway Foods
II PrudentIal Realty. .
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HARBDRVIEW PROVIDES FOR CONSUMERS!
A variety of consumer shows have used the facility to provide information and new product introduction for the citizens of the
area.
. Flank Cox Productions - February. 1998 after three successful events in 1996 (1)
and 1997(2) with the Gem & Jewelry Sbow. Attendance at each event is reported to
be 1200.
. The White Dove Traden Native Art Show - February, 1996, March, 1997.
and is scheduled for January. 1998. Sbow promoters state that attendance is at 1000
for each event
. National Coin Exposition - for dealers in rare coins and medallions - January. 1997, and will return in the spring of 1998,
. August Antiques - February 1996 and 1997 and will return for their third sbow in February of 1998. Dealers have
reported over 1000 in attendance at each show.
. The annual Autumn Gathering craft show in September, 1996' most successful show with over 3000 in attendance, Will
be back in September 1997.
. The St. Petenburg TImes held their annual Baby Show (over 3000) and annual Job Fair (over 2000) at Harborview for
the fll'St time and are holding dates for both in
1998.
. Morton Plant Mease - fIrst Women's Health Expo. with 780 visitors, this past March. Rescheduled for 1998 to use the
entire facility.
. AAA Travel- January 1997 with a reported 1400 attendance and will return in January. 1998,
. Forever Young holistic medical and lifestyle show will take place in January. In addition to exhibit, there will workshops
on alternate lifestyles. Organizers are projecting an attendance of 1000.
. Pinellas County chapter of SparklIng Depression Glass show - February. 1998, with 500 people estimated to attend.
. Super Sales of America electronic show - April. 1998. projected attendance of 3000.
. The Tampa Bay's Best Bridal Show, produced by Tampa Bay's Best Magazine, Smaller show at Harborvicw last April
with over 50 vendors and 500 brides. This September their 520,000 Dream Wedding Show will take place with a
projected attendance of 1000.
. Weddings - Harborview has welcomed 23 wedding parties since opening and projects to host 57 in our next fiscal year.
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HARBORVIEW AS A CIVIC AND SOCIAL SETTING!
Harborview has been well received bv local civic omanizations.
Clearw~ter Rotary Club - weekly luncheon
C~~~ater Bar Association has scheduled a quarterly luncheon,
Government ontanizations have also been welcomed to the facility,
Suncoa51 League oCMunlclpalltIes
Tampa Bay Regionll1 Planning Conference
Tsmpa Bay Planning Council
, Community Response Team
ChmtabJe omanizations such as the
Plnellas County Education Foundation
American Heart Assodatlon, PincUas Chapter
, Florida Gulfeoast Arts Center
NAACP. Clearwater Chapter
Hospice of Florida (three ,events this fall and winter)
U.P.A.R.C.
Island Est~'es Women.s Club
Florida Lyric Opera
Development CorporatIon for Israel Bonds
Harborview has filted a need in the area as a memorable location for high school proms,
May 1997, Clearwater. Largo. Tarpon Springs and CountrysIde used the facility. Each school is holding dates for 1998.
.,
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HARBORVIEW IS FOR THE CITY!
A number of city departments have used the HarbolVicw Center such os:
. City Managcr's Office
. Library
. Department of Tourism
B City Clerk's Department
. Parks and Recreation
. Economic Dcvclopment
. Advisory Board
. Human Resources
, . Environment Departmcnt
. Officc of Organizational and Employee Development
. Community Redevclopment Agency
. City Commission
SPECIAL EVENTS AND HARBORVIEW!
Other Events
Florida Spedal Olympics ~ July of 1996. These 1550 special athletes had their meals and victory celebration at the facility.
Clearwater Welcomes the Phlllles event each February.
The Greater Clearwater Chamber of Commerce ~ Taste of Clearwater, September 1996 and 1997 with an expanded program
as well as space. Planners estimate an attendance of 3000 for this year.
Jazz Holiday. October. 1997 ~ The facility will host the After Hours Jam sessions as well as the Kids for Jazz program
sponsored by thc Clcarwatel' Library.
.
Clearwater Folk Festival in Novcmbcr. 1200 school children will enjoy listening to storytelling professionals. Also. training
workshops for teachers. Planning is to make this an annual event.
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. EVALUATIONS
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At the conclusion of every event at the Harborview Center an Event Evaluation Form is mailed to survey the client's
experience.. We place an emphasis on our client's opinion of our staff. facility and services, The summary below shows the
average percentage breakdown for each category listed. .
CUSTOMER9S EVALUATIONS
1
2
,3
4
5
OUR FACILITY:
0%
1%
5%
12%.
82%
OUR STAFF:
0%
1%
5%
18%
76%
FOOD & BEVERAGE:
1%
1%
8%
26%
64%
*Based on a scale or 1~5 (I being tbe lowest and 5 the highest)
. .
, EVALUATION QUOTES
GTE DIrectories Corporatton
President's Publishing Trophy Luncheon'
"All dealings with everyone at the Center have always been very professional and timely. I would defmitely recommend
again. No complaints whatsoever."
Jean-Ann Burke
Senior Staff Assistant to A VP Publishing
Morton Plant Mease
Women's Expo
"Everyone was extremely helpful and accommodating"
, Blue Cross and Blue Shield of Florida
'"The staffwas there and ready to meet our needs, Thank you!" .., UWe will use this facility again,"
St. Petersburg Times
Bob Henderson's Retirement Party
"Working with Jennifer was a pleasure - she was very responsive;'
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Schiller International University
Graduation Dinner
"Excellent, always TCady to help you:'
Jack/Abaslal Wedding Reception
'.Service was excellent. We were treated like royalty. Thank you.to .., "Your place and service was top-notchlexcellent and we'
thnnk you for all you have donc mid all the cxtra touches. from the towcl for the weddingfbridal couple when they werc cutting
thc cake to the help taking out thc presents whcn it was over:'
Carol Jack
, ThomasJDlJon Wedding Reception
.....1 thank you all for making our day very special. My guests said the food was excellent and that they never had anything
like it before. EVCJyonc said that it was the most organized wedding rcception they had cver attended,"
Kim Dixon
Noto/Coffing Wedding Reception
'1
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Largo IDgh School
1997 Iunior/Scnior Prom
"(your salcs statTwas) vCJy nice and adaptable" ... "The location and the facility its~lfwere wonderful for us,"
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COMMENTS
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The following excerpts are from the numerous lettcrs receivcd from our customers. The quotes reflect the vast range of
clientele who have held meetings and events at the Harborview Center.
NatJonal AssocIation or Catering Executives (N.A.C.E.)
Florida West Coast Meeting
"On behalf ofN.A,C.E. , we want to thank you and your staff for a wonderful evening, You made us all feel so welcome, and
you turned a rainy, gloomy night into a sunshine event"
I ' .
Pat Sacks
N.A.C.E. Membership
Special Olympics Florida
1996 Florida Special Olympic State Summer Games
"Without facilities like yours we would not be able to do what we do for the athletes, We were really lucky to fmd such a nice
center with such an accommodating staff, ... There are many convention centers out there and the Beautiful Harborview Center
is one that you can really be proud oft"
Ann~Marie Meder
Fundraising & Marketing Coordinator
Progressive Missionary & Educational Baptists
State Convention
"A great big TIlANK. YOU." ,.. ",..please be informed that all of you made our Convention one of the greatest we ever had.
The Harborview Center was a blessing to us,..
Fleming Tarver
Pastor
Kite Trade AssociatIon International
911I Annual Convention and Trade Show
, "On behalf of the Kite Trade Association International. I would like to take this opportunity to thank you and the entire staff of
the Harborview Center for making our gr.h Annual Convention and Trade Show a huge success!' ... "It was suggested several
times by attendees, including some KTA Board Directors. to make Clearwater and the Harborview Center the east coast home
of the annual KTA event."
Stephen Breslin
The Prudential - Florida Realty
1996 Prudential Florida Realty Awards Ceremony
.. 'A World of Thanks" for your attention and flexibility in planning the 1996 Prudential Realty Awards Ceremony. Your
service during the grueling month of preparation" as well as during the ceremony. was excellent." ... "You can expect to do
business with the Prudential Florida Realty in the future,'"
Christy Atlas
Marketing Director
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TOP Marketingt Inc.
TradeNet's Trainer Training Event.
".. .it is your staff llnd the way that they service businesses such as ours that will overcome the negative stigmatism that is
attached to your building. Your team is a true asset to the City of Clearwater:'
Tom Cummins
Executive Director
Matrix, Hair & Sldn Care
ACE Beauty Show
"It was great to have a hair show in a facility that was nice and accommodating, but most of all one that bas a pleasant staff,"
Beverly Persinger
Educational Consultant
AEGONt Insurance Company
. Employee Meeting
"Your facilities were excellent for our purposes. The room was set up as requested and everything ran smoothly.' We would
not hesitate to use the Harborview Center in the future:'
Larry G. Brown
Senior Vice President and General Counsel.
Asset Accumulation Group
PineUas County Education Foundation
Education Fqundation Gala
"PIcase accept ~y deepest appreciation for YOul- hard work and outstanding efforts to make this year's Education Foundation
,Gala extra special." ." "Please extend our gratitude to your staff. They werc great to work with and present a fme example of
the high caliber of employees on your staff:;
Frances Z. Neu
President
MarketPro, Inc.
Computer Expo
"With sincere appreciation for your suppon and loyalty:' .., "Thank you for all of your help with the planning of our fIrst
computer show at the Harborview Center," '
Courtney P. Abod
Operations Manager
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Sports & OrthopedIc RehabUltation Services, Inc.
SORS Quarterly Staffi'Manager Meeting
"The Harborview staff were all very accommodating in mecting our needs..!' ... III look forward to working with you again in
coordination of our next quarterly meeting,"
Karen M. Davis
Operations and DevclGpmcnt Manager'
FlorIda Gulf Coast Art Center
, Mardi Gras Nights
otljust wanted to follow up after our event to let you know how much we appreciate the cooperation of you and your staff......
... "Our event, in general tenns, was very successful; and I believe our guests went away with a very positive attitude toward
, the Florida Gulf Coast An Center and the Haroorview Center."
Ken Rollins
Executive Director
Clearwater High Sehool
1997 Prom
C~We would like to thank you very much for all of the help we received from you in planning our prom. We had one of the
most successful prom ever - thanks to you, The kids really enjoyed.....
Clearwater High School Junior Class
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IMPACT
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HARBORVIEW'S ECONOMIC IMPACT!
Tob] Non-Local Avg Length Delegate Total S Spent
Organization Attendance Attendance of Stay S per Day Per Group
(days)
Fiscal Year 1996191 '
Global Church orGod 1,104 993 9 5218.43 $1,952,108.91
International Kite Trade Association 1,500 750 4 $264.54 $793,620.00
Ace Beauty 6,000 450 3 $264,54 5357,129.00
Progressive Missionary Baptist 1,300 1,170 3 $218.43 $766,689.30
Network International 75 67 2 $218,43 $29,269.62
Top Marketing J25 82 3 $218.43 553,733.78
. " 10,104 , 3,512 $3,952,550.61
FIscal Year 1991198
. Global Church of God 1,400 1.260 9 $264.54 52,999.883,60
Memories Expo 3.000 50 3 $218.43 $32.764,50
.,
Mastering Computers Expo' 1,12S 30 12 $218.43 $78,634,80
Sparkling Depression Glass Expo 2,000 100 2 $264.54 552,908.00
Contractors Builders AsSociation 3;000 30 1 $264.54 $7.936,20
SupersaJes Electronics 5,000 300 4 $264,54 5317,448,00
Baileysmith Ministries 1.000 900 2 $218.43 $393.174.00
Florida Primitive Baptist Convention 1,200 900 5 $218.43 5982,935,00
J7,725 3.570 $4,865,684.J 0
D;rect spending calculations are based on a per delegate, per day Travel Price Index sum furnished to the St.
, Petersburg/Clearwater Convention and Visitors Bureau by the Travel Industry AssociatIon of America and tbe
International AssoclatIoD oC CooventJoD Ind VisItors Bureaus.
Convention Direct Spending
# Events
0/. Increase
Spending
% Increase
Fiscal Year 1996/97
6
$3.952.550.61
Fiscal Year .1997/98
8
33%
$4,865,684,10
23%
16
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Clt^"W^T~I\..'lOI\IDA
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ATTENDANCE:
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Total Event Revenue
, Total NonwEvent
Revenue
, Totlll Revenues
Total Expenses
Net Profit (Loss) ,
,"
Financial Projections
'I Fiscal 95/961Flscal 96/971FiSC81 971981FiSC81 98/991Fiscal 99 'oolFiscaloo/011
Actual MJd Year Budgeted ,Projected Projected Projected
. Budget'
5314t830 Slt021~98 SI,364,144 S1t664t973 Slt828t970 S2t009~37
S115tOOO SUStOOO 5198,000 S198tOOO S198tOOO $198tOOO
5429t830 Slt136,398 S1tS62,144 S1t862t973 S2t026,970 52,207,337
S846t044 51,485,249 51t763,996 S1t938t015 S2t026,3S4 52tlS9t042
($416,214) (S348t851) (5201,852) (S75t042)
$616
548,296
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Clearwater City Commission
Agenda Cover Memorandum
y;
Item #:
Meeting Dale:
~'
SUBJECT:
Vacation Request 97M13 (Harding)
RECOMMENDATION/MOTION:
Approve the applicant's request to vacate the north 8.0 feet of the 25.0 foot drainage & utility
easement lying along the south side of Lot 66, Windsor Park 1st Addition and pass Ordinance Number
6189-97 on the first reading.
, 0 and that the appropriate officials be authorized to execute same.
BACKGROUND:
. The property is located at 1755 Ashton Abbey Road.'
. The existing swimming pool and concrete deck encroach 8.0 feet into the easement.
· The applicant is selling the property and is required by the title company to vacate the portion of the
easement containing the encroachment.
· The City has an existing sanitary sewer main, located within the southerly portion of the easement not to
be vacated, that has sufficient clearance from the pool and decking for its maintenance and/or replacement
as necessary.
. Florida Power has a privately dedicated 50 foot easement also lying along the south side of this lot and
consented to the encroachment as they will retain their easement for future needs.
. General Telephone, GTE Americast, Time Warner, and the City have no objection to vacating only that
portion of the easement being encroached by the existing pool and deck.
Reviewed by:
. Legal ---1';7e:-
Budget N/A
. Purchasing N/A
i Risk Mgmt. N/A
! IS N/A
~
I ACM
I
I
.', I ENG.
!
: .OTHER
SUb.llltted By:
City Manager
Originating Dept.
Costs:
NIA
Commission Action
Engineering
(Current FY)
Approved
User Dept.
Funding Source:
Approved
wJconditlons
Capt. Imp,
DenIed
Advertised:
Operating
Cont'd to
Date: 9/04 & 9/11/97 Other
Paper. Tampa Tribune
Not required:
Affected parties
notified X
AppropriatIon Code(s)
Attachments:
NIA
Ordinance No. 6189-97
Not RequIred
(' )
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ORDINANCE NO. 6189~97
AN ORDINANCE, OF THE CIll' OF CLEARWATER.
FLORIDA. VACATING THE NORTH 8.0 FEET OF THE 25.0
FOOT DRAINAGE AND UTILlll' EASEMENT LYING
ALONG THE SOUTH SIDE OF LOT 66. WINDSOR PARK 1ST
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard and Doris Harding. Jr,. owners of real property located in the
City of Clearwater. has requested that the City vacate a portion of the drainage and utility
easement depicted 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 CIll' COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
North 8.0 feet of the 25.0 foot drainage and utility easement lying along
the south side of Lot 66, Windsor Park 1't Addition, as recorded in Plat
Book 58. Page 97 of the public records of Pinel/as County, Florida
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
Pineflas 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
Rita Garvey
Mayor-Commissioner
. Approved as to fonn:
Attest:
~~'
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6189.97
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L.ot 67,
Windsor Pork
1 st Addition.
P,8. 58.
Page 97
E)(lsUng 50'
F.P.C. Easement
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ASHTON ABBEY RD.
75'
Lot 66,
Windsor Pork
1 st Addition,
P.B. 58,
Page 97
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EASEMENT VACA TION
REQUESTED BY APPLICANT
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S-T-R: 02-29S-15E
THIS IS NOT A SURVEY
HARDING
vac97-13,dwg
Drawn by: PWD
Date: 08/12/97
Ordinance 6189-91
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Clearwater City Commission
Agenda Cover Memorandum
I
Hem #:
Mpcling Dale: ,g .l~. 9 7"
SUBJECT:
Vacation Request 97-14 (Baumgart)
RECOMMEN DATION/MOTION:
Approve the applicant's request to vacate the 20.0 foot drainage & utility easement and 5.0 foot
drainage easements lying within Lots 13 and 14, The Reserve Subdivision and pass Ordinance Number
1690-97 on the first reading.
IBI and lhatthe appropriate officials be authorizcd to execute same,
BACKGROUNQ:
. The property is located at 3010 Oakmont Drive.
. The appliqmt owns several abutting lots and is proposing to construct a building addition within the
easements.
. The City has no existing utilities within the easement to be vacated.
. Pinellas County Water recently cut & capped and abandoned a water line to accommodate the building
addition.
. Pinellas County Water, Florida Power, General Telephone, GTE Americast, Time Warner, and the City
have no objections to vacating the easements as requested.
, ~._----_..
Reviewed by:
, Legal ~
: Budget N/A
, Purchasing N/A
Risk Mgmt. N/A
IS N/A
ACM
ENG.
OTHER
Submitted By:
City Manager
Costs:
N1A
Commission Action
Engineering
(Current FY)
Approved
User Dept.
Funding Source:
Approved
w/condltlons
Capt. Imp.
Denied
Advertised:
Operating
Cont'd to
Date: 8121 & 8128197 Other
Paper. Tamoa Tribune
Not required:
Affected parties
notified X
Appropriatlon Code(s)
N/A
Attachments:
Ordinance No. 619Q..97
Not Required
(1 )
- ---- ._------~-_.:....:....:..........
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". .
ORDINANCE NO. 6190-97
AN ORDINANCE OF THE CITY OF CLEARWATER.
flORIDA. VACATING THE 20.0 FOOT DRAINAGE AND
UTILllY EASEMENT lYING ALONG THE NORTH SIDE OF
lOT 14, lESS THE WESTERLY 15.0 FEET; AND THE 5,0
FOOT DRAINAGE EASEMENT LYING ALONG THE EAST
SIDE OF SAID lOT. LESS THE SOUTHERLY 10.0 FEET
THEREOF. ALL LYING IN' THE RESERVE SUBDIVISION;
TOGETHER WITH THE 20.0 FOOT DRAINAGE AND
UTILITY EASEMENT AND THE 5.0 FOOT DRAINAGE
EASEMENT, BOTH LYING ALONG THE WEST SIDE OF
lOT 13, LESS THE NORTHERLY 12.0 FEET AND THE
SOUTHERLY 10.0 FEET THEREOF. ALL LYING IN SAID
SUBDIVISION; PROVIDING AN EFFECTIVE DATE.
WHEREAS. William and Debbie Baumgart. owners of real property located in the
City, of Clearwater. has requested that the City vacate the drainage and utility easement
and drainage easement described in Exhibit A attached hereto; and
WHEREAS. the City Commission finds that said easements are 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:
20.0 foot drainage & utility easement lyjng along the north side of Lot 14, less the
westerly 15.0 feet; and the 5.0 foot drainage easement lying along the east side of
said Lot, less the southerly 10.0 feet thereof, all lying in The ReselVe Subdivision;
together with the 20.0 foot drainage and utility easement and the 5,0 foot drainage
easement, both lying along the west side of Lot 13. less the northerly 12.0 feet and
the southerly 10.0 feet thereof, all lying In said Subdivision, as recorded in Plat
Book 106. Pages 2 and 3, of the public records of Pinellas County, Florida.
are hereby vacated I 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.
Ordinance No, 6190-97
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
,Approved as to fonn:
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, , . Assistant City Attomey
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____ u.--
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6190-97
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Exhi hit "A"
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NORTH
NOT TO SCALE
(LEGAL DESCRIPllON OF EASEMENTS TO BE VACAlED)
Vacate the 20.0 foot drafnage and utility easement I~ng along the north sfde of lot 14. less the westerly
15.0 feet; and weate the 5.0 foot drafnage easement l)ing along the east sfde of sold lot. less the
southerly 10.0 feet thereof, all l}'ing In The Reserve Subdlvb;lon os recorded rn Plat Book 106. Pages 2 & 3
of the publfc records of Pfnelles County.
Together wIth:
Vacate the 20.0 foot drainage" utDIty easement and the 5.0 foot drainage eosement, both lying along the
west sIde of lot 13. less the northerly 12.0 feet and the southerly 10.0 feet thereof, all l)ing In soid
SubdMslon.
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CURLEW ROAD
EDL It Orcin.
II Ull Easement
201 Drainage &- Utility
Easement Vacation
requested by Applicant
Lot C
Florida Convalescent
Centers Subdivision
P.B. 97, Pgs 24&25
Lot 12
fOI Drainage
Easement. Vacation
requested by Applican t
Lot 14
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S-T-R: 16-2BS-16E
THIS IS NOT A SURVEY
BAUMGART
vac97-14.dwg
Drawn by: PWD
Date: 8/25/97
OAKMONT DRIVE
Ordinance 6190-97
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Clearwater City Commission
Agenda Cover Memorandum
10
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c~ 1--
Item 1/:,
Meeting Date: l:,~..!t:.:~?;
SUBJECT:
Variance to the Sign Regulations; 1239 Ewing Ave.; Ralph and Vanessa Rophle / Ralph A. Rophie,
M.D., P.A. (Owner/Applicant/Representative).
(SV 97-11)
RECOM MENDA TION/MOTION:
Approve a variance of 32 square feet to allow a 56 square foot freestanding sign, on property
identified as Milton Park, Block 12, the south 77 feet of Lot 1, for meeting Sec. 45.24, Standards
for Approval, items (1 )-(4), subject to the following conditions: (1) The applicants shall obtain a
permit for this sign within 30 days of this date. (2) The applicants shall install landscaping around
the base of the sign to screen the support poles and enhance the appearance of the sign.
1&1 and that the appropriate officials be authorized to execute same,
SUMMARY:
· This property is located on the east side of Ewing Ave., north of Pinellas St. It is in the Limited
Office zoning district. Within this district. the permitted area for a freestanding sign is 24 square
feet.
· The applicants are requesting a variance of 32 square feet to allow a 56 square foot
freestanding sign.
· The sign Is existing. The variance Is requested to allow the sign to remain.
· The sign is a V-shaped sign. Each face is 28 square feet.
· According to the application, the sign was altered in 1995 when the applicants purchased this
property. No permit was issued for the alteration.
Reviewed by: Originating Dopartment: Costs: Commission Action:
ullal NIA Centrel Permitting NIA o Approved
Budget NIA Usar Depart~ Totel o Approved wlCondltlonl
Purchellng NIA o DenIed
Rllk Mgmt. ' NIA Central Permitting Current Fllcel Year o Continued to:
IS NIA Funding Source:
I ACM o C.plt'l
bnpronment:
CRT AdverU..d: 0
O~r.lJnl1:
I Dllte: [J Attachments:
Oth.r:
Peper: App 11 clition
I Submllled b~ 0 Not Required Appropriation Coda
I
I yv1 J" Affected Panles:
ISl Notified o None
City MllnltOlr [J Not RequIred
o Printed on recycled pllper
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SV 97R11
Page 2
The following table provides summary information regarding the sign:
.:i;;.:.:;.:....:-..:.:S:c;.)N..;.;..-: :.....~..-.:...c;. ....~ :.: :...; ."+" ..i:.;:: ::.; ...:";..-:';'c~c::; .~.:~~':-c :.:.'.;.- '.~. ;'.:: ~:. >: :.,:: ..d"'. ;.". ::.~. >: '. ": .." ~':~' . .~:." >. :::::::::':,::{. '::);::::: :,::"::::::,::,::,,;:,:~,, ,;" >:' ,co::: .,:':':/'.;:'>':':::',":'.'::':.: ";,::~:,c;'-::;:::;:::,';::. ." ". .n.", :" ~.......I . . ..
;i!;:i;1l~1;1h~::;:J/;::::+;':~::':+};:):YJQfo.tijj~~r~lji,:!::'; :,:';=:;'::::(\::i),:::;';-'::\:;,:(-;=\::; "::': ,.. "'Exlsting'" c,,,, ,.., ,", , " ~,ermi~ed';; "
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Type of sign Freestanding * Yes
Location/orientation Ewing Ave. Yes
Area 56 sq . ft. 24 sq . ft,
Setback 5 ft. 5 ft.
Height 8 ft. 8 ft.
* This is the only sign on this property.
Staff Comments/Analysis:
This is an attractive property. It Is heavily shaded with several sizable live oak trees. The parking
lot is located along the side of the property, allowing most of the front yard to be lawn. Staff
observes, however, that the sign presents a somewhat stark appearance in this landscape.
Consequently, staff recommends that landscaping be installed around the base of the sign to screen
the support poles and better integrate this sign into its surroundings. .
Conditions support approval of the requested variance:
. The impact of the variance is not as great as the numbers may tend to indicate. According
to code, the area of V-shaped signs is the sum of the area of the two faces. If the sign
faces were placed back-to-back, the area of the sign would be the area of only one face.
Furthermore. the sign faces are placed at an acute angle, thus limiting the opportunity to
view both faces from a single location.
. The public benefit derived by strict enforcement of the code would pale in comparison to
. the hardship it would place upon the applicants.
. The existing sign does not detract from the neighborhood or the City.
.
Direction Existi ng Land Uses
North Offices
South Offices
East Offices
West Res idential and offices
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SV 97-"
Page 3
Relevant Previous Decisions by the Commission:
FREESTANDING SIGN AREA
;)g~#'~:?W>;::<, ::,,~,9.:9B~9:~:~:>.:::>.":;":',,::, ",;,NA:~E::'" :' :' ," )jAR'iANC~'~,::'R'E6tJESTEDiACrl()N', ",,' ,;~,E,ETi~G,
'\:'t'.:" ,: ,;/<;:',':..,:' ',;,: :' '..:t\'::',;,;,:, :':' f,,' ,,:, : ",':','::, ,"': ',', :,' ",:,->.,,':::-::.:, ":':.. ,.. ":,', :,:;':,:: ~>-'" ,',", " :, " ::i<:/ """", "",:::'",':, ',', .: : p~r,E., '
SV 92.40 1528 lakevlew Orthopaedic Surgery 32.4 sq. ft. add'l to allow 56.4 sq, 9/28/93
Rd. Center of ft./Approved
Clearwater
SV 94-02 2 N, Belcher Rd. HCA Family Health 46 sq. ft. add'l to allow 70 sq. 4/19/94
Care ft./Denied
SV 93-92 2288 Drew St, Prime Executive 22.7 sq. ft. add'l to allow 4/19/94
Center 46.7 sq. ft./Denied
SV 95-18 2475 Sunset Pt. Pinellas Community 36 sq. ft. add'l to allow 60 sq, 5/4/95
Bank ft,/Denied
8.8 sq. ft, add'l to allow 32.8 sq,
ft./Approved
VARIANCE WORKSHEET ~ CASE NUMBER SV 97."
STANDARDS FOR VARIANCE APPROVAL STAFF FINDINGS
(11 There are special circumstances related to Conditions support approval of the requested variance:
the particular physical surroundings, shape or . The impact of the variance is not as great as the numbers may tend
topographical conditions applicable to the land or to indicate. According to code. the area of V-shaped signs is the
buildings, and such circumstances are peculiar to sum of the area of the two faces. If the sign faces were placed
such land or buildings and do not apply generally back-to-back, the area of the sign would be the area of only one
to the land or buildings In the applicable zoning face, Furthermore. the sign faces are placed at an acute angle. thus
district, limiting the opportunity to view both faces from a single location,
. The public benefit derived by strict enforcement of the code would
pale in comparison to the hardship it would place upon the
applicants.
. The existing sign does not detract from the neighborhood or the City.
121 The strict application of the provisions of the The requested variance constitutes a reasonable use for the reasons
code would deprive the applicant of the stated above.
reasonable use of the land or buildings.
131 The variance is not based exclusively upon The requested variance appears to satisfy this condition,
the desire for economic or other material gain bV
the applicant or owner.
(4) The granting of the variance will be In The sign regulations were adopted with the intent of enhancing the visual
harmony with the general purpose and intent of quality of the City's streets and landscape in order to protect the value of
the land development code and comprehensive properties and the well-being of the local tourist oriented economy, The
plnn and will not be materially injurious to granting of this variance appears to be consistent with this intent.
surrounding properties or otherwise detrimental
to the pUblic welfare.
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CENTRAL PERMITTING DEPARTMENT
100 SO. MYRTLE AVE., 2ND FLOOR
CLEARWATER, FL 34616
PHONE: 562-4567; FAX: 562-4576
INSPECTION LINE: 562-4580
SIGN VARIANCE APPLICATION
PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVES(S) (if any) NAME & ADDRESS:
8" ·
wac.
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TELEPHONE: (~l3) L/LJ~~OOQ-a
ADDRESS OF SUBJECT PROPERTY: I ~ 3 q
TELEPHONE: (
)
EuJ;"g ~~N-1L
W ..3 f&J (
NAME OF BUSINESS (IF APPLICABLE):
/2tJ!ph A, f20pl4'e I MD I PA
ZONING DISTRICT: LAND USE CLASSIFICATION:
OL R-O&
LEGAL DESCRIPTION OF SUBJECT PROPERTY: 1 Of! I MT J
M IIroN Pl." u 6LtJ(,!'- 12. ) S (JOT H 7 PI" r J.,.U
Attached f't' 1
"PARCEL NUMBER: /, I" 0 ,. 00 0
~is information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464.3207,
If more than one arcel number attach 8 Yi x II inch sheet.
DESCRIBE SURROUNDING USES OF PROPERTY
North: "'tv. . :s flay.
J,;tJ C;t1) r: l/fli Ug
South: AcCol.L^t"'tW 's 0 ' 0-
V ARIANCE(S) REQUEST:
O. 2~ A<.I\~S
LAND AREA:
East: " (.j]
(. 'CtlJrS uiJi c..es
West: ? II rJ... .
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STANDARDS FOR APPROVAL: A vAriance shall not be granted by the City Commission unless the appliclltion
, and evidence presented clearly support the foHowing conditions:
1) There are special circumstances related to the particular physical sUl"toundingB. shape or topographical
conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do
not apply generally to the land or buildings in the applicable zoning district because:
Du~ to Otllj'h~l.llyf~ oot:. trees (lnd CUft...I..L.:LCd' L'..IoJ-e.r rr:fr:2rrn'Ot'l {)...f'C.(L.J./
/l.()d ~~ 8Jesi/..} of t;C:H-ic.. JY:-'Ke.tt.1S - ~')~M~ iJJould
c.il.fUe 0- h u.n 5-1t..Lp Erur fX':N etzK I
2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land
or buildings because: --; . . A . ~ ~ If eN' d-.t-puul f\ i-lR-.... L t 1 . fJ /'),~ II
I rU S fU-Lu.-t ~ 0(-0. c...R.. . S cn1 (..L-(d} U (,.:oI..f'\....aL..
[\0yu!c(V'U1 ~ of tLdu ut pc-h qhB in Lo LCfe ~, t~Jft(' fl, ~cJ-, Yn' des.
J'\AlIC. bu.Il ~ to ~~n avu1 OJYU-P'(Y ~VI71t :.rt\.R.. ~tncf- diSoblliJ-u:::.
~ ClJ7JeS rGr h'-L ~Uty 0{; f!z-e pc.tie.Ms,
3) '!'he variance is not based exclusively upon a desire for economic or other material gain by the applicant or
owner because: -n' U / , A n J. , I- - ~ -h.- .
~ 'V 5 10$ 0- = '-<J-I pm c. U, LUiS 'e.e. fiG G I U fO: erl/} ClL
IN C.O/1L1) ~.
Sworn to and subscribed before me this 7"fl,
by VArr~St;fi... PxtK ~~~e
fL l>~L\ fZ 100 ~td 2 Ct; 2 &/6tf s identification.
~
4) The granting of the variance will be in harmony with the general purpose and intent of the Land Development
Code and Comprehensive Plan and will not be materially injurious to surrounding properties or otherwise
detrimental to the public welfare because:Th S i5 -fi. t....f L r1.~d/6~
'U- ~ e0SJ)', { /
5 cL/ "e eel
is ();ttrtlcxi"IIGW Li oi-t- in CfJ or -oJn1 05 + tlUJ.trJ1; r')( ~ -trees . / ~
THIS SUBMISSION GiVES KN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND6,
APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON-~"'~ ~~
REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT 1 AM A ~ ~
ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANT E VAL OF THIS ~ ~",:)4 66
APPLICATION. :'~c:::; 710;:'.7);; ~
SIGNATURE OF PROPERTY OWNER (OR RESPRESENTATIVE): ~ . C'
(Include position and n me of company if applicable ~
day of t) l,() 1 . AD., 19 q7 "il/q
. who is personally know-to-me or has produced
STATE OF FLORIDA, COUNTY OF _PIV\l n~
Commission:
~. :ilb'~ltN {.;. SARNOFf;
'P My Comm up. 9/22nOOO
". u~ .. Bond<<! By SoMce Ins
No. CC58752 1
II ~lly l<.nQwn II 0\llIt 1.0.
NOTES:
. PROPERTY OWNER OR REPRESENTATIVE MUS,T ATIEND HEARING,
. APPLICATION SHALL INCLUDE A CURRENT AND ACCl,JRATE SITE PLA~,
FORM, SIGNS VARIANCE (November 6, 1996) 1410.0003
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Ralph & VanC!i511 ROllhic
1239 Ewin~ A\'cnue
Clcl1rn'ater, FL 34616
PROPERTY USE: MEDICAL DOCTOR'S OFFICE
(RALPH A. ROPHlE M.D., P.A.)
REQUEST FOR VARIANCE TO KEEP EXISTING SIGN
To ,,'ho this ma,' concern:
. We are requesting a ,'ariance for the sign located at the llhon: address. This office building is uscd
as a doctor's office. We feel that it would be in the best interest of our patients and the community
as a whole to keelt the existing sign.
WheD we purchascd this prolJert~' in 1995, we hired a sign compan)' to re-work thc last tenant's
sign. We were assured that this was done in compliance with the current sign ordinances (the~' had
changed three )'ears earlier),
The way our propert)' is situated, we fccl that a change in the sign would make it difficult for
elder!" paUents (the majorit" of our practice) to locate the office. As it stands, the si~n is somewhat
hidden b)' all the o\'crhanging moss from the oak trees (there arc sc\'eral). Also. the whole front of
the propcrt)' is depressed due to it being a retention pond.
l
The existing sign is J Yz feet tall and 8 feet wide.............for a total square footage of 28. The sign!
arc set in a "V" formation rather than sandwiched together causing the tit" to look at it as two signs
of 28 squarc feet each. This fonnation allo",s for I)atients to locatc the office with ease. As stated,
Ewin~ A'renue is \'e~' hea\il~' treed. In addition, there is on-street parking - most emplo~'ees of
the area park in front of the offices all along our !Ii de of the street. Therefore, this fonnlltion and
sb.e of the sign is ESSENTIAL to our patients. The existing sign is a light gre~', non-obtrush'e sign -
barel)' sccn from the edge of the adjacent properties ( AS SUPPORTED BV A TIACHED
PICTURES).
Our office is a public scnicclfamily medical practice. We are here to scn'e the community.
Therefore, we respcctfull)' request this sign "ariance 3! we feel an)' change would create a hardship
to our patients.
Thank )'OU for )'OUf consideration in this matter.
SI.C~~ ~
Ralph & Vanessa ROI)hf[P
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REQUEST " " "
,
NAME: RALPH AND VANESSA ROPHIE / RALPH A. ROPHIE, M.D.
SV # 97-1 1 PUBLIC HEARING DATE . SEPTEMBER 1 8, 1997
.
ATLAS PAGE: 306A SEC: 22TWP: 29S RGE: 112 E
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". ." ~. ... '.: . ",'. , CLEARWATER CITY COMMISSION
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COPIES TO:
COMMISSION
SEP 1 8 1997
Sept. 1 7, 1 997
Phl:..:!;:)
CLERK I ATTORNEY
TO: City Commissioners
Re:Opposit'1on,to,application' for s1.gn variance ,from Ralph and
~Van~~~a":ROph1e ;;;, 1239 Ewing Avenue. SV 97-1'
Ewing Avenue between Jeffords street and Pinellaa street is a
mixed use of ~eaidential and medical,offic6s. Because of the
langthof the street segment and its location, it is primarily
used only by rosidents of the street an~ those going directly
to specifio physicians' offices.
The need for a sign larger than 24 sq. ft. does not exist due
to the fact that the signage is for location purposes rather
than BQvertising purposes. This sign most obviously ,is out of
character for the neighborhood and is visible from my back yard,
one block away.
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ORDINANCE NO. 6171~97
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. Sees. 33.091 (1) and (2). Code of Ordinances. are hereby deleted as follows:
Section 1. Soo. 33.091. Shark Fishing.
~ Shark fishing for tho purpoces of thi&-66Gtion means tho use of bait, tackle nnd
tactics ta deliberately :Jttract, hook :md land sharks or any Eimil:1r :1ctiyjty which could be
expected to lure sharks to :1 givon aroa,
~ Sh:1rk fishing is prohibitod on Mandalay Pier, Big Pier 50, the public be:1ches of the
city. :md elsewhore in dOES proximity to public swimming are:1S within the city limits.
Section 2. Sec. 33.091. Code of Ordinances, is hereby created as. follows:
Sec. 33.091 Fishing.
(1) Fishina is prohibited from the Clearwater Pass Bridae, Island Estates
Bridaes and anv other cltv 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
September 4. 1997
Rita G~uvey. Mayor-Commissioner
Approved as to form:
Attest:
~
Cynthia E. Goudeau, City Clerk
1
Ordinance No. 6171.97
~,
ORDINANCE NO. 6177-97
\'d--
AN ORDINANCE OF THE CITY OF CLEARWATERI 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,
PINELU\S GROVES NE 1/4, 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; nowl 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, pt::lrks, rights';of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Central Pennitting Director are directed to include and show the property
described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified caples of this ordinance, Including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida I 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
September 4. 1997
Rita Garvey
Mayor~Commissloner
Attest:
~
Cynthia E. Goudeau
City Clerk
Ordinance No. 6177.97
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PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER:
Zukowski, G. & P. A.
A:~
PROPERTY DESCRIPTION: Pinellas Groves NE1/4, part
Lots 5 & 1 2
COUN1Y:
CITY:
lAND USE PLAN
Industrial Umited
Industrial Limited
ZONING
M.I
IL
ATLAS PAGE: 2718
ACRES:
AIGHT~f-WAY: ACRES:
SEC: 12 TWP: 29 S RGE: 15 E
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EXHIBIT ^
Ordinance 6177-97
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LEGAL DESCRIPTION
~e East 155 feet of the following described parcel:,
Begin at the NW comer of the NE114 of Section 12t Township 29 South, Range 15
East, and run thence S 89021'56" E. along the Section Line 33.0 feet; thence S
'0017'00. W, 301.07 feet to the Southerly line of the S.A.L. Railroad; thence S
72056'00" E. along the Southerly line of the S,A.L. Railroad 712,34 feet for P.O.B,;
thence cOntinue S 72056'00" Et 655.72 feet; thence S 0005'54" W 134.86 feet;
thence N 89043'00" W. 628.22 feet; thence N 0017100" E. 324,,19 feet to P.O,S.,
together with the abutting right of way of Sunshine Drive. " .
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Ordinance No. 6117.97
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ORDINANCE NO. 6178~97
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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 Y<a; WHOSE POST OFFICE ADDRESS IS
2096 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
Zenina District
See Exhibit A attached. (A97-09)
Limited Industrial (IL)
Section 2. The Central Pennitting Director Is directed to revise the zoning atlas of the City
in accordance with the foregoing amendment.
Sectien 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
September 4. 1997
Rita GalVey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Documont No. 6178.97
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LEGAL DESCRIPTION
The East 155 feet of the following described parcel:
Begin at the NW comer of the NE1/4 of Section 12, Township 29 South. Range 15
East, and run thence S 89021'56" E. along the Section Line 33.0 feet; thence S
0017'00" WI 301.07 feet to the Southerly line of the S.A.L. Railroad; thence S
72056'00" E, along the Southerly line of the S.A.L. Railroad 712.34 feet for P.O.B.;
thence continue S 72056'00" EI 655,72 feet; thence S 0005154" W 134.86 fealj
thence N 89043'00" W. 628.22 feet; thence N 0017'00" E, 324.19 feet to P.O.B,.
. together with the abutting right of way of Sunshine Drive.
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EXHIBIT A
Ordinance No, 6178-97
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PROPOSED ANNEXATION
LAND USE PLAN CLASSIFICATION AND ZONING
OWNER:
Zukowski, G. & P. A.
A:.91.:Q.e.
PROPERTY DESCRIPTION: Pinellas Groves NEl/4. part
lots 5 & 12
COUN1Y:
CI1Y:
LAND USE PLAN
Industrial limited
Industrial limited
ZONING
M-f
IL
ACRES:
RIGHT -of.WA V: ACRES:
ATlAS PAGE: 2718 SEe: 12 TWP: 29 S RGE: 15 E
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w~tANNING/ANO:~ONING,BOARD:/Aiig "1~r~1997.:;t;~{},~,,t't;1 ::::CITY, COMMISSION> Sep' 4;<:1991:::"~:>~'::3,:(;'::::;";,\',~ "~,':.:' "
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Ordinance 178-97
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ORDINANCE NO. 6181-97
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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 PLA TIED LOT LINE
OF LOT 104. LANDMARK WOODS 2ND ADDITION;
PROVIDING AN EFFECTIVE DATE.
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
WHEREAS. the City Commission finds that said easement is not necessary for
municipal use and it Is deemed to be to the best interest of the City and the general public
that the same be vacated; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following;
The 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 2nd Addition. as recorded In Plat
Book 77. Page 29 of the public records of Pinelfas County.
Florida (91-10)
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 shaft 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
September 4. 1997
Rita Garvey
Mayor-Commissioner
Approved as to form:
~~~ --
John Carassas. Asst. City Attorney
Attest;
Cynthia E. Goudeau, City Clerk
Ordinance No, 6181-97
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REQUESTED BY APPLICANT
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THIS IS NOT A SURVEY
FITZGERALD & FISHER
VAC97-10.dwg
Drawn by: PWD
Date: 7/15/97
Ordinance 6181-97
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ORDINANCE NO. 6182-97
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AN ORDINANCE OF THE CllY OF CLEARWATER.
FLORIDA. VACATING A PORTION OF THE 10.00 FOOT
UTILITY EASEMENT LYING ALONG THE EAST SIDE OF
LOT 113, DEL ORO GROVES 1 ST ADDITION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS. Kevin l. Burke. owner of real property located ;n 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 1st 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
SePtember 4, 1997
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita GaNey
Mayor-Commissioner
Approved as to form:
Attest:
~~
Assistant City Attorney
--
Cynthia E. Goudeau
City Clerl<
Ordinance No. 6182.97
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LEGAL DESCRIPTION OF PORT1ON OF EASEMENT TO BE VACAlED:
BEGIN AT THE NE CORNER OF LOT 113. DEL ORO GROVES FIRST ADDITION ACCORDING TO TI-lE MAP OR PLAT
THEREOf AS RECORDED IN PLAT BOOK 69. PAGES 56 AND 57 OF mE PUBLIC RECORDS OF PINEUAS COUNTY,
flORIDA; THENCE S B9'43'st W ALONG lHE NORlH LINE OF SAID LOT 113, 10,00 FEET: mENCE S 0'35'26- W
ALONG A LINE 10 FEET 'M:ST OF AND PARALlEL TO THE EASTERLY LINE OF SAID LOT 1131 42.98 FEET TO lHE
POINT OF BEGINNING; THENCE S 81'46'.U- E, 6.58 FEET; THENCE S B'13',t W TO A POINT LYlNG ON A LINE 10
FEET YtEST OF AND PARAUEl TO SAID EASTERLY UNE OF SAID LOT 113: THENCE N 0'35'26- E ALONG SAID UNE,
49,57 FEET TO THE POINT OF BEGINNING.
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Distance
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6,58'
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.49.51
S-T-R: 09-29S-16E
nus IS NOT A SURVEY
BURKE
vac97-12.dwg
Drown by: PWD
Date: 8/12/97
Ordinance 6182-97
"
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MlLLAGE ORDINANCE
I (P~
ORDINANCE NO. 6185-97
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
DECLARING THE Mll..LAGE RATE TO BE LEVIED FOR THE FISCAL
YEAR BEGINNING OCTOBER 1. 1997, AND ENDING SEPTEMBER 30.
1998, FOR OPERA nON PURPOSES INCLUDING PENSIONS AND DEBT
SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT
EXPENDITURES AT 5.1158 MILLS; PROVIDING AN EFFECTIVE DATE.
TIIE LEVY OF 5.1158 MILLS CONSmUTES 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 PineUas County Property
Appraiser. 5.1158 mills are necessary to generate $21,855,160; now. therefore,
BE IT ORDAINED BY THE CITY COMMlSSION 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 shaH take effect October 1, 1997.
PASSED ON FIRST READING
September 4. 1997
PASSED ON SECOND AND FINAL
READING
Rita Garvey, Mayor..commissioner
Attest:
Approved as to form and correctness:
Jl J- J!:. Ci~ Attorney
Cynthia E., Goudeau, City Clerk,
OPERATING BUDGET ORDINANCE
ORDINANCE NO. 6186-91
Iq
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ADOPTING AN OPERATING BUDGET FOR THE ASCAL YEAR
BEGINNING OCTOBER I. 1997, AND ENDING SEPTEMBER 30, 1998;
AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS
THAT ARE NECESSARY TO ACHIEVE AND ACCOMPUSH 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
WHEREA~, 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 t 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 me 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
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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 ftseal 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 sball take effect October I, 1997.
PASSED ON FIRST READING
September 4. 1997
PASSED ON SECOND AND FINAL
READING AS AMENDED
Rita Garvey, Mayor-Commissioner
Attest:a
Approved as to form and correctness:
Cynthia E. Goudeau, City Clerk
1J.b~
Pamela K. Akin, City Attorney
Ordinar.i:e #6186-97
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EXHIBIT A
1997 ~98 BUDGETED REVENUE
Actual Budgeted Budgeted
Revenues Revenues Revenues
1995196 1996/97 1997/98
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 1.210l92 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 ChargesfTransfers 8,945.035 9.778,230 9.969,360
Transfer from Surplus 0 500,000 427,210
TOTAL GENERAL FUND 66,505,091 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 1,663,440 1.779,000
I ~. INTERNAL SERVICE FUNDS:
:.~
;1'" Administrative SeNlcas 5.155,890 6,036.330 6.123,200
0'
, , General SeNIces 2.350,755 2,340,340 2.397,410
,.,:~ ~:
:."t. Garage Fund 8,909,991 7,940,960 7,969.120
+\i" Cenltallnsurance Fund 10,029.650 8.792,980 10,154,010
. '
;;
TOTAL ALL FUNDS 189.523.727 190,856.890 201,843,620
T TpIt
Ordinance #6186-97
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EXHIBIT A (ConUnued)
1997 -98 BUDGETED EXPENDITURES
Actull Budgeted Budgeted
Expenditures Expenditures Expondltures
1995196 1996197 1997/98
GENERAL FUND:
City Commission . 193,226 201.880 205.380
Administration 2,434,938 2,967.940 3,249,660
Legal 960,063 1,075,650 1.117,920
City Clerk 623,225 675,720 777,770
Info MgmtlPubllc 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.Oepartmenlal 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 0,048.590 7,810.750
Speclal 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 1.663.440 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
ORDINANCE NO. 6187-97
I~
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 TIIE SIX-YEAR eAPIT AL
IMPROVEMENT PROGRAM WIDCH SHALL BE REEVALUATED AT THE
BEGINNING OF EACH FISCAL YEAR; AUTIIORIZING THE CITY
MANAGER TO ISSUE SUCH INSTRUCTIONS TIIA T ARE NECESSARY TO
ACIDEVE AND ACCOMPliSH THE CAPITAL ThfPROVEMENTS SO
AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER
MONEY BETWEEN PROJECTS IN llIE CAPITAL Th1PROVEMENT
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 hnprovemcnt 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 pubUc hearing in the City Hall upon said proposed budget on
September 4, 1997; now, therefore,
BE IT ORDAINED BY THE CITY C01vfMISSION OF TIlE CITY OF
CLEARWATER, FLORIDA:
Section 1. Pursuant to the Capital Improvement Program Repon and Estimated Budget
for the fiscal year beginning October i, 1997, and ending September 30, 1998, a copy of which
is on me 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.
.. ..~ I'" ,~ ' ,.... . .
Section 2. The Six-Year Capital Improvement Program and budget, a summary of which
is attached hereto, marked Exhibit B, is approved in its present fonn, but prior to the beginning
of each fiscal year the City Commission shall reevaluate priorities, hold public hearings. and
fonnally adopt additions or corrections thereto.
.
Section 3. The budget as adopted shall stand and be the Capital bnprovement 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 is!ille such instructions and
directives that are necessary to achieve and accomplish the capital improvements authorized by
the adoption of this budget.
Section 5. 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 Dot 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 FffiST READING
September 4. 1997
PASSED ON SECOND AND FINAL
READING
Rita Garvey, Mayor..commissioner
Attest:
Approved as to fonn and correctness:
/J k/j
Pamela K. AldIi, City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance 66187-97
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EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1997/98
FUNCTIONS:
Police Protection
Fire Protection
Major Street Maintenance
Sidewalks & Bike Trails
, Intersections
Parking
Miscellaneous Engineering
land Acquisition
Park Development
Marine Facilities
Libraries
Garage
MaIntenance of Buildings
Miscellaneous
Stonnwater Utility
, Water System.
Sewer System
Gas System
Solid Waste
RecYcling
Original
Budget
1997/98
325,000
153,750
1,950.630
310,000
285.000
960,000
1.000,000
350,000
1.481,540
291.000
708,520
2,269,550
587,330
605,650
813.090
4,505,000
3.075,400 .
9.791.480
625,000
331.600
TOTAL
30.419.540
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RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 1997/98
Ordinance #6187-97
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19
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
SUPPLEMENTAL. This Ordinance is enacted pursuant to the
provisions of Chapter 166, Part II, Florida Statutes, and other
'applicable provisions of law (the I1Act") 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)
iIiiiJl""' .......
"
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.
1rBond 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 II 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 Facilitieslt 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 Issuerll shall mean the provider of a Credit
Facility. '
lIEscrow Deposit Agreementlt 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 II All 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 Ordinancell 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 I,
1996, and any bonds issued under the authority of the Original
Ordinance or the City of Clearwater Ordinance No. 5665-94.
"Refunded Bonds" shall mean all or any portion of the Ci.ty
of Clearwater, Florida, Gas System Revenue Bonds, Series 1994A,
dated September I, 1994, for which the future payments of
principal, premium, if any, and interest has been provided for in
an irrevocable escrow in accordance with the Escrow Deposit
Agreement with proceeds of the 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
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"Reserve Requirement" for each series of Bonds shall be as
determined by subsequent resolution of the Issuer. The Reserve
Requirement for the Refunding Bonds shall be the lesser of (i)
the Maximum Bond Service Requirement of the Refunding Bonds, (ii)
125% of the average annual Bond Service Requirement of the
Refunding Bonds, or (iii) 10% of the net proceeds of the
Refunding Bonds.
"System" shall mean the complete gas system now owned,
operated and maintained by the Issuer, together with any and all
assetsr improvements, extensions and additions thereto hereafter
constructed or acquired.
SECTION 3.
declared that:
FINDINGS.
It is hereby found, determined and
(A) The Issuer has heretofore enacted the Original
Ordinance authorizing the issuance of certain obligations to be
secured by and payable from the Net Revenues, and providing for
the issuance of Additional Parity Obligations, upon the
conditions set forth therein, to be payable on a parity from such
Net Revenues.
(B) The Issuer has ,previously issued the Refunded Bonds and
deems it necessary and in its best interest to provide for the
refunding of the Ref.unded 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 financing herein authorized.
4
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(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 ORDINANCE 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 S. AUTHORIZATION OF REFUNDING BONDS AND REFUNDING
OF THE REFUNDED BONDS. Subject and pursuant to the provisions
hereof, obligations of the Issuer to be known as "Gas System
Revenue Refunding Bonds, Series [to be determined) II 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
~'''''''''hi..I.,...l.' t, . ~ .~.;t....,.....'~.'
-
.......
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 wi th 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
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""'.'''T.'~.''h'~' .~., .'" _. . ." . ~
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 respen-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 Bend 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, aleng~ with the social security or federal employer
8
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-
~
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 shall 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 108s in
interest shall result from the transfer or exchange.
All Refunding Bonds presented for transfer, exchange,
redemption or payment (if so required by the Issuer), shall be
accompanied by a written instrument or instruments of transfer or
authorization for exchange, in form and with guaranty of
signature satisfactory to the Issuer and the Registrar duly
executed by the Registered Owner or by his duly authorized
attorney.
SECTION 9. 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
"
"
."'. .L .
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 pledgedr to the same
extent as all other Bonds issued hereunder.
I
i
I,
i
i
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 bonds issued in the name of a nominee. As long as any Bonds
are outstanding in book-entry form the provisions of Sections 7,
8 and 9 of this Ordinance shall not be applicable to such
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 called for
redemption will cease to bear interest after the specified
10
,
"
~. . .J
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 of Interest
Maturitv Date
Dated
Date
Cusip
Registered Owner:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater,
Florida (hereinafter called "City"), for value received, hereby
promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date specified above, the
Principal Amount shown above solely from the revenues hereinafter
mentioned, and to pay solely from such revenues, interest on said
sum from the Dated Date of this Bond or from the most recent
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 principal 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
II Paying Agent" ) in Florida, or at the of f ice
designated for such payment of any successor thereof. The
interest on this Bond, when due and payable, shall be paid by
check or draft mailed to the person in whose name this Bond is
registered, at his address as it appears on the books and records
of the Bond Registrar, at the close of business on the 15th day
of the month (whether or not a business day) next preceding the
interest payment date (the tlRecord Datell), 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
"Ordinance"), and is subject to all the terms and conditions of
such Ordinance.
12
,
~~~l~-
~
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
II 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 Ordinance.
(INSERT REDEMPTION PROVISIONS)
Bonds in denominations greater than $5rOOO 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 there~o, 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.
L
14
. '~I ....~""-
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 pr~cticable 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
,. ,
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nance until the certificate of authentication hereon shall have
been executed by the Bond Registrar.
IN WITNESS WHEREOF, the City of Clearwater, Florida, has
issued this Bond and has caused the same to be executed by the
manual ,or facsimile signature of its City Manager and
countersigned by the manual or facsimile signature of its Mayor-
Commissioner, and its corporate seal or a facsimile thereof to be
affixed, impressed, imprinted, lithographed or reproduced hereon,
and ,attested by the manual or facsimile signature of its city
Clerk, 'as of the Dated Date.
CITY OF CLEARWATER, FLORIDA
(SEAL)
City Manager
Mayor-Commissioner
ATTEST:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Clerk
City Attorney
-!'
16
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.,.f. T,
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
J::'egulations:
TEN COM - 'as tenants in common
TEN ENT - as tenants by the
entireties
JT'TEN - as joint tenants
with right of sur-
vivorshi~ and not as
tenants ~n common
UNIF TRANSFERS TO MIN ACT -
(Cust. )
Custodian for
.,
(Minor)
under Uniform Transfers to
Minors Act of '
(State)
,Additional abbreviations may also,be used though not in list
above.
"
"
17
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned
(the nTransferorlt), hereby sells, assigns and transfers unto
the transfer
registration
premises.
(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 lITransfereeU) as attorney to register
of the within Bond on the books kept for
thereof, with full power of substitution in the
Dated:
Signature guaranteed:
0,
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
ass ignment corresponds wi th
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.
NOTICE: Signature(s) must be
guaranteed'by a member of the
New York Stock Exchange or a
commercial bank or a trust
company.
[End of Form of Bond]
18
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SECTION 13. APPLICATION OF PROVISIONS OF ORIGINAL
ORDINANCE. The Refunding Bondsr 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.
proceeds, including accrued interest and premium, if
received from the sale of any or all of the Refunding Bonds
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.
The
any,
shall
(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 Bo~ds.
(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
deposi ted pursuant to the Escrow Deposi t 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
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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 I 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
CONSENT OF HOLDERS OF BONDS. The provisions of S~ction 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
OF BONDS. The provisions of Section 18 of the Original Ordinance
shall be deemed applicable to this Ordinance and shall apply to
20
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F~-1. .~~.~-
T
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
Ordinance 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 II within the meaning of Section 148 of the Code
and neither the Issuer nor any other person shall do any act or
fail to do any act which would cause the interest on such series
of Bonds to become includable in the gross income of the
Registered Owner thereof for federal income tax purposes.
(C) The Issuer hereby covenants with the Registered Owners
of each series of Bonds that it will comply with all provisions
of the Code necessary to maintain the exclusion of interest on
the Bonds from the gross income of the Registered Owner thereof
for federal income tax purposes, including, in particular, the
payment of any amount required to be rebated to the u.S. Treasury
pursuant to the Code.
SECTION 21. GOVERNMENTAL REORGANIZATION. The prov~s~ons 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 "lITH 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 STATEMENT. The
distribution of a Preliminary Official Statement relating to the
21
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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 omissional! as defined in such rule.
SECTION 24. SEVERABILITY. If anyone or more of the cove-,
nanta, agreementa, 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 lmmediately upon its adoption.
PASSED ON FIRST READING September 4. 1997
PASSED ON SECOND AND FINAL READING
, AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form:
A t4in
City Attorney
22
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EXHIBIT A
FORM OF ESCROW DEPOSIT AGREEMENT
THIS ESCROW DEPOSIT AGREEMENT, dated as of ,
1997, by and between the CITY OF CLEARWATER, FLORIDA (the
II Issuer"), and , a banking associa-
tion organized under the laws of the [State of ] [United
States of America], as Escrow Holder and its successors and
assigns (the lIEscrow Holderll) ;
WIT N E SSE T H:
WHEREAS, the Issuer has previously authorized and issued
obligations, hereinafter defined as ltRefunded Bondsll, 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.
terms mean:
As used herein, the following
(a) "Agreement" means this Escrow Deposit Agreement.
(b) "Annual Debt servicell 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) II Bonds II means the $
Florida, Gas System Revenue Refunding
determined], issued under the Ordinance.
City
Bonds,
of Clearwater,
Series [to be
A-1
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(d) ItEscrow 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) II Escrow Holder II means
having its primary corporate trust office in
, and its successors and assigns.
(f) IIEscrow 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) II 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 II shall not include money market
funds or mutual funds invested in obligations described in this
'definition.
(h) IIIssuer" means the City of Clearwater, Florida, and its
successors and assigns.
(i) II 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 11 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. Deoosit of Funds. The Issuer hereby deposits
$ with the Escrow Holder for deposit into the Escrow
Account, in 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
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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.
acknowledges receipt of the sum described
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 benef i t of the holders of the Refunded
Bonds;
The Escrow Holder
in Section 2 and
(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;
Cd) there will be no investment of funds except as set
forth in this Section 3 and except as set forth in Section 5.
SECTION 4. Payment of Bonds and Expenses.
(a) 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) Expenses. 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.
SECTION 5. 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 a.ccelerate 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
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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.
SECTION 13. 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 wi th counsel, who mayor may not be
counsel to the Issuer, at the Issuer's expense and in reliance
upon the opinion of such counsel shall have full and complete
authorization and protection in respect of any action taken,
suffered or omitted by it in good faith in accordance therewith.
A-S
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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. Resiqnation 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
Is~uer, 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
before such removal is to take effect as stated in said
instrument or instruments. A photographic copy of any instrument
filed with the Issuer under the provisions of this paragraph
shall be delivered by the Issuer to the Escrow Holder.
(b) The Escrow Holder may also be removed at any time for
any breach of trust or for acting or proceeding in violation of,
or for failing to act or proceed in accordance with, any 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 (5%) in aggregate principal amount of the Refunded
Bonds then outstanding.
(c) The Escrow Holder may not be removed until a successor
Escrow Holder has been appointed in the manner set forth herein.
SECTION 11. Successor Escrow Holder.
(a) If at any time hereafter the Escrow Holder shall
resign, be removed, be dissolved or otherwise become incapable of
acting, or shall be taken over by any governmental official,
agency, department or board, the position of Escrow Holder shall
A-6
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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 $15,000,000, provided that
such successor Escrow Holder assume in writing all the trust,
duties and responsibilities of the Escrow Holder hereunder.
A-7
SECTION 12. Payment to Escrow Holder. The Escrow Holder
hereby acknowledges that it has agreed to accept compensation
under the Agreemen t . 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 wi th the
proceedings authorizing the Refunded Bonds, except as provided in
Section 7.
SECTION 14. Severability. If anyone or more of the cove-
nants or agreements provided in this Agreement on the part of the
Issuer or the Escrow Holder to be performed should be determined
by a court of competent jurisdiction to be contrary to law,
notice of such event shall be sent to Moody1s 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 anyone or more of the following purposes:
(a) to cure any ambiguity or formal defect or omission in
this Agreement;
(b) to grant to, or confer upon, the Escrow Holder, for the
benefit of the holders of the Bonds and the Refunded Bonds any
additional rights,' remedies, powers or authority that may
lawfully be granted to, or conferred upon, such holders or the
Escrow Holder; and
(c) to subject to this Agreement additional funds,
securities or properties.
The Escrow Holder shall, at its option, be entitled to
A-a
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request ,at the Issuer I 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 wi th pr.oposed 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. Counterparts. 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
construed under the laws of the State of Florida.
shall
be
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]
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SCHEDULE A
TOTAL DEBT SERVICE
FOR
CITY OF CLEARWATER, FLORIDA
GAS SYSTEM REVENUE BONDS
SERIES 1994A
[Schedule At~ached]
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EXPENSES TO BE PAID BY ESCROW HOLDER
Amount
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SCHEDULE OF FEDERAL SECURITIES
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CleaIWater City Commissi~n
Agenda Cover Memorandum
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Meeting Date:
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SUBJECT:
Purchase of property, casualty, liability, workers' compensation, and flood insurance coverage for
Fiscal Year 97/98.
RECOMMENDATION/MOTION:
Approve the purchase of property, casualty, liability, worker's compensation, and flood insurance
coverage in an amount not to exceed $ 900,000 for Fiscal Year 97/98,
1m and that the approprlate officials be authorized to execute same,
BACKGROUND:
The Risk Management Division of the Finance Department purchases insurance coverage for the City in
, the areas indicated below. The City Administration, through its Risk Management Division, recommends
that the City purchase insurance coverage for FY 97/98 as proposed below:
Insured Risk
~
Current
Insurer
96/97
Premium
97/98
Renewal
Premium
EXCESS PROPERTY (a)
(Layer 1) (10 million) Renewal Westchester Fire
(Layer 2) (15 million) Renewal ~oyal Surplus
(Layer 3) (N/A) ,Hartford Fire
(Layer 4) (45 million) Renewal USF&G
SUBTOTAL FOR EXCESS PROPERTY
$190,000
$150,000
$ 37,500
$ 50,000
$427,500
$169,200
$162,000
$ N/A
$ 55,000
$386,200
MISCELLANEOUS COVERAGE
Clearwater Pass Bridge New (b)
Crime & Dishonesty Renewal
Boiler & Machinery Renewal
Marina Operators Renewal
Underground Fuel Tank
Liability Renewal Corom. & Ind.
SUBTOTAL FOR MISCELLANEOUS COVERAGE
Royal Surplus
Hartford
Kemper
Hartford
$ 27,500 $ 45,000
$ 5,660 $ 5,439
$ 5,894 $ 5,894
$ 11,350 ' $ 12,850
$ 8,495 $ 11,914
$ 58,899 $ 81,097
$486.399 ~467 .297
TOTAL PREMJ:UKS FOR ALL COVERAGE SHOWN ABOVE
Reviewed by:
Legal
, Budget
Purchasln
Risk Mgmt.
IS
ACM
868,384
Total
C6S,384
Current Fiscal 'tear
Commission Action:
o Approved
C1 Approved w/Condltlons
IJ Denied
o Continued to:
Originating Department:
FlnancelRlsk Management
txnl
Usar Department:
Costs:
Submitted
Dalo:
Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capital
Improvement:
o
operaUng:
o other: CIF
Attachments:
other
Advertised:
Appropriation Code
89D.o7000 -5481 00.(j 9 0.(100
o None
City Manager
o Printed on recycled paper
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Insured Risk - Flood Insurance
96/97 97/98
Policy Description of BUilding/Contents Current Renewal
Period Insurer Insured Property Value / Value Premium Premium
11/12/96- Bankers 40 Causeway Blvd. $500,000/$500,000 $ 4,074 $ 4,150
11/12/97 Civic Center/Library
11/12/96- Bankers 3141-3157 Gulf To Bay $500,000/ -0- $ 2,591 $ 2,591
11/12/97 Waste Trmt Ctr.
11/12/96- Bankers 60 Bay Esplanade St. $365,200/$105,800 $ 2,741 $ 2,839
11/12/97 Recreation Cmplx
11/12/9'6- Bankers 25 Causeway Blvd. $500,000/$399,000 $ 3,847 $ 3,982
11/12/97 Marina Offices
01/31/97- Bankers 1700 N. Belcher Rd. $466,000/$68,900 $ 4,703 $ 4,703
01/31/98 Fire Station
06/12/97- Bankers 534 Mandalay $500,000/$ 50,000 $ 4,770 $ 2,497
06/12/98 Fire Station
06/12/97- Bankers 700 Bayway Blvd. $364,100/$67,000 $ 683 $ 692
06/12/98 Beach Police Sta.
09/28/96- Bankers 1605 Harbor Dr. $500,000/ -0- $ 908 $ 449
09/28/97 Waste Water Trt. PIt.
08/03/96- Bankers 1001 Gulf Blvd. $400,500/$60,600 $ 685 $ 690
08/03/97 Clearwater Sailing
Center
TOTAL PREMIUMS FOR FLOOD INSURANCE $ 25,002 $ 22,593
TOTAL PREMl:UM FOR GALLAGHER INSURANCE PACKAGE $511,401 $4B9,990
Note: All of the insurance coverage set forth above is being obtained through
A.J. Gallagher & Co. - Tampa Bay located in Clearwater, FI.
Insured Risks ~ Insurer Coverage Deductible Current Renewal
Excess Auto Renewal Ranger $5,000,000 $500,000
Excess General
Liability Renewal II $5,000,000 $500,000
Excess Workers
Compensation Renewal It Statutory $500,000
Excess Police
Professional Renewal It $5,000,000 $500,000
Excess Public
Officials Renewal .. $5,000,000 $500,000
TOTAL PREMIUM FOR RANGER INSURANCE PACKAGE $366,494 $366,494
I-
GRAND TOTAL ESTIMATED FOR ALL COVERAGE $977.895 SB56.3B4
Note: The Ranger Insurance package is being obtained through Acardia Southeast, Inc. loc~ted
in Clearwater, Fl.
THE GALLAGHER & ACORDIA PROPOSALS ARE AVAILABLE IN THE CITY CLERK DEPARTMENT> VI () W
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The City's Risk Management staff has reviewed the coverages, rates, and
provision of the insurance policies shown above and recommends the City
purchase the insurance coverage as shown above. All property risks are
covered at levels and rates which, when taken together as a whole,
represent a reasonable and conservative insurance program for the City.
The recommended purchases are for one year periods beginning 10/01/97 and
ending 10/01/98, except for flood insurance premiums which cover a specific
policy period as shown in each policy. The premiums generally represent
renewals of existing coverage. These renewals and rates are contingent,
however, upon no adverse event or weather occurring between now and the
, time of purchase of the coverage. The difference between the sum requested
for. insurance coverage of $900,000 and the expected expenditure of $856,384
is to allow for some changes during the fiscal year in insurance
expenditures. These changes most often arise as a result of acquisition of
additional City property or the construction of new facilities.
Funding for the purchase of this insurance has been provided for in the
Central Insurance Fund budget for FY 97/98. The budgeted sum'available for
the payment of insurance premiums and for the payment of claims is
$4,502,660.' ,
The total insured value of City property at policy inception is
$180,399,202.
a) This year excess property coverage consists of 3, layers
insuring those layers 'for a total premium of $386,200.
of excess property insurance last year and this year is
layers are lO million, 15 million and 45 million.
and 3 companies
The total amount
70 million. The
b)The least expensive way to obtain coverage on the new Clearwater Pass
Bridge was to purchase a separate policy to cover the bridge. A full
year premium is $45,000. Last year the 'bridge premium was $27,500 but
the insurance coverage was for only a partial year.
'.
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1997/98 Insurance Proposal
Especially Prepared For
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James S. Henderson
Senior Vice President
Acardia Southeast
311 Park Place Boulevard, Suite 400
Clearwater, Florida 34619
(813) 796-6666
August 15, 1997
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INSURANCE PROPOSAL
CITY OF CLEARWATER
i
Company:
Pollcv Term: '
Annual Premium:
Limits: ,
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CoveraQe Form:
Additional Terms &
, Conditions:
eXCESS GENERAL LIABILITY / AUTOMOBILE /
WORKERS' COMPENSATION / PUBLIC OFFICIALS &
LAW ENFORCEMENT LIABILITY
'Ranger Insurance Company
October 1, 1997 to October 1,1998
Not subject to Audit I Flat Premium
Each Accident or Occurrence
Policy Aggregate
Excess Workers' Compensation
Self Insured Retention (SIR)
(Expenses Included In SIR)
.L1mlls Excess of Retention
CGL coverage includes all Premise, Operations,
Products, Completed Operatrons, Independent
Contractors
All owned, non~owned, hired, leased covered
. for liability
Automatic Liability coverage for added and substitute
units throughout the policy term
No automatic physical damage coverage for Hired or
Leased or Rented units throughout the policy term
Voluntary compensation coverage included
Other states coverage Included
U.S. Longshoremen's and Harbor Workers'
coverage Included
Maritime (Jones Act) coverage Included
General Liability - Occurrence Form CG 0001 (11/88)
Business Auto - Occurrence Form - CA 0001 (12/92)
Workers' Compensation - Statutory - PXL 1017 (12.91)
Employee Benefits L1ablltty - Occurrence - PXL 1020 (1/94)
Public Officials & Employees L1abllity - Occurrence
Form - PXL 1022 (9/94)
Commercial Excess Polley Jacket - PXL - 1000 05/94
Florida Cancellation Non-Renewal '
Endorsement - CG 0220 (7/92)
SIR Endorsement - PXL -1002 (12191)
MunlclpaHty Endorsement- PXL 1003 (12/91)
$366,494.00
$ 5,000,000
$ 5,000.000
Statutory
$ 500,000
~ordia,
AI'IlI'llill Sunt IWlllit
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INSURANCE PROPOSAL
CITY OF CLEARWATER-
Additional Terms &
Conditions - Cont'd:
Malor ExclusIons:
ThIrd Pam
Administrator:
Cancellation I Non
Renewal Clause:
AddltionRllnsured
En~w:
Enhancements:
EXCESS GENERAL LIABLlTY I AUTOMOBILE I
WORKERS' COMPENSATION I PUBLIC OFFICIALS &
LAW ENFORCEMENT LIABILITY (continued)
Limited Personal InJury LIability Coverage - PXL - 1013 (12/91)
Amendatory Endorsement (Workers'
Compensatlon - PXL -1018 (12/91)
General Endorsements: RIO Gen-001 (4/94); RIC Gen-002 (6/94)
Pollution Exclusion - RIC-POL-001 (6/87)
Medical Payments exclusion RIC-MED-001 (1/91)
Personal Injury Protection Exclusion (PIP) PXL-1004 (12/91)
Nuclear Energy liability Exclusion IL 0021 (11/85)
City of Clearwater
Ninety (90) days
Community Redevelopment Agency (eRA) of Clearwater, Florida
Broadened Personal Injury
Assault & Battery arising from Law Enforcement Activities
Public Officials liability Coverage
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ARTHUR J. GALLAGHER & CO. .. TAMPA BAY
INSURANCE & RISK
~AGEMENTPROG~
RENEWAL PROPOSAL
~ten"-
October 1, 1997 to October 1, 1998
Prepared by
Barbara A. Flynn, Account Executive
Karen Brooks~Gray, Service Manager
Denise Johnson, MWlicipal Unit Assistant
September, 1997
THIS BINDERlPROPOSAL IS ISSUED AS A MATTER OF INFORMATION ONLY AND
DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE
PROVIDED BY THE ACTUAL INSURANCE POLICIES
P. O. Dox 6020 C/earwller, Boridll 346/8-6020 · Phone (8/3) 797-4190 or 1.800.869.8402 · FIlt;.imile (8IJ) 791-1613
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CITY OF CLEARWATER
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SUMMARY OF PROPERTY VALVES
, ,
, CATEGORY 1997-98 VALUE
Buildings $ 148,345,105
Contents $ 13,885,453
Mobile & MisceIlaneous Equipment $ 7,447,342
Artwork in Care, Custody or Control $ 50,000
EDP Equipment $ 5,844,602
Extra Expense $ 150,000
Vehicles & Watercraft $ 4,676,700
, ,
"'TOTAL VALUES $ 180,399,202
SEPARATE POLICY
Clearwater Pass Bridge
$
15,000,000
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CITY OF CLEARWATER
EXCESS PROPERTY
LAYER 1
COMPANY Westchester Fir~ Insurance Company
TERM October I, 1997 to October I, 1998
LI1tfIT OF COVERAGE $1 0,000,000 Each Occurrence, incl uding SIR
SUBLIMITS .. Flood - $5,000,000 Annual Aggregate Limit, including SIR
.. Enrthqunke - 55,000,000 Annual Aggregate Limit, including SIR
.. Extra Expense - 550,000 City Hall; $50,000 Annex; 550,000 Police Administralion
PERILS COVERED All risks of direct physical loss subject to policy exclusionsltenns
DEDUCTIBLE 5250,000 each and every loss and/or occurrence
VALUATION Replacement cost with the following exceptions: Actual Cash Value for vehicles llnd
mobile equipment or property not rebuilt within 2 years.
EXCLUSIONS (NDT INC1.USIVtI .. All Bridges .. Aircraft
.. Business Interruption .. Nuclear Reaclion
.. Land and Land Values .. War
.. Fine Arts .. Accounts Receivable
.. Loss of Renls .. Streets, Road, Bridges, Tunnels, Sewer
.. Faulty Workmanship Mains or Well Holes
.. Pollutants or Contaminants, including
removal of
ExTENsroNS! .. TlVs 5180,399,202 .. Includes demolition and increased cost
CONDmONS .. Debris Removal of construction for codes and ordinances
.. Architect fees covered up to 7% of value .. Includes property in the course of
.. Joint Loss Agreement with Boiler & construction /fan aheration or addilion
Machinery carrier 10 covered structures
.. Newly Acquirrd Property .. 60 day notice of cancellalion, except 10
- Premium adjustment $.0938 per SI 00 days for non-pay.
of value .. Vehicles and walercraft covered,
.. Agreed amount, no coinsurance clause including collision.
.. Permission to rebuild on different site
PREMIUM .. Premium: 5169,200
.. Premium to be adjusted for increases or decreases in total values at rate of S.0938 per
hundred dollars ofvalue.
OmONAL DEDUCTIBLE
QUOTE - 5500.000
.. Premium: $148,315
.. Premium to be adjusted for increases or decreases in total values at rate ofS.0822 per
hundred dollars of value.
COVERAGES SUBJECT TO Sr ANDARD POLICY TERMS, CONOITIONS AND EXCLUSIONS
-
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CITY OF CLEARWATER
EXCESS PROPERTY
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COMPANY
TERM
LAYER LIMIT
Royal Surplus Lines Insurance Company
October I, 1997 to October I, 1998
$15,000,000 excess $10,000,000 (Westchester Fire) and
$5,000,000 Earthquake
EXCLUSIONS
LAYER PREr.mJM
... Flood in addition to Layer I exclusions
$162,000
"
COVERl.GES SUBJECT TO Sr ANDARD POUCY TERMS, CONDITIONS AND ExCLUSIONS
C/TYOFCLEARWATEJf Page 3
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CITY OF CLEARWATER
EXCESS PROPERTY
, , LA'YER 3 .. Loss LIMIT 570,000,000
COl'tWANY USF&G
TERM October 1, 1997 to October 1, 1998
LAYER LIMIT $45,000,000 excess $25,000,000
TERMS/CONDITIONS .. Recovery limited to replacement cost or value stated on
schedule filed with company.
.. Debris removal limited to 25% ofloss.
EXCLUSIONS Flood and Earthquake in addition to Layer 1 exclusions
LAYER PREMIUM $55,000
OPTION
, Loss LIMIT $100,000,000
OPTIONAL LAYER $75,000,000 excess $25,000,000
LIMIT
LA\'ER PREMIUM $88,500
COVERAGES SUWECT TO STANDARD POLICY TERMS. CONDITIONS AND ExCLUSIONS
CrrrOFCLEAIf.WATER
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CITY OF CLEARWATER
EXCESS PROPERTY
" : CLEARWATER PASS BRIDGE
COMPANY ROJ'al Surplus Lines Insurance Company
TERM October I, 1997 to October I, 1998
LIMIT OF COVERAGE $15,000,000 Each Occurrence, including SIR
SUBLlMITS .. Flood - $15,000,000 Annual Aggregate Limit, including SIR
.. Earthquake - 515,000,000 Annual Aggregate Limit, including SIR
PERILS COVERED AU risks of direct pbysicalloss subject to policy exclusions/terms
DEDUCfIDLE $250,000 each and every loss and/or occurrence
VALUATION Replacement Cost, Agreed Amount.
EXCLUSIONS .. Business Interruption .. Aircraft
(NOT INCLUSIVE) .. Land and Land Values .. Nuclear Reaction
.. Fine Arts .. War
.. Loss of Rents .. Accounts Receivable
.. Faulty Workmanship .. Streets, Road, Tunnels, Sewer Mains
.. Pollutants or Contaminants, or Well Holes
including removal of .. Seltling, cracking, shrinkage or
expansion
EXTENSIONSI .. Debris Removal - 25% or Loss
CONDITIONS .. Salvage & Recovery Clause
.. Service of Suit Clause
.. Collapse
.. Agreed amount, no coinsurance clause
.. 90 day notice of cancellation, except 10 days for non-pay.
PREMIUM .. Premium: $45,000
OPTIONAL DEDUCTIBLE
QUOTE - 5500,000
.. Premium: $37,000
COVERAGES SUBJECT TO Sr ANDARD POLICY TERMS, CONDITIONS AND EXCLUSIONS
CITY OF CLEAA 1f'A1U
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CITY OF CLEARWATER,
PROPERTY MARKET RESPONSES
WESTCHESTER FIRE Quoted .. Reduced rate from $.0980 to $.0923 per $100 TIV
(pRlMARVILA YER 1) .. TIV decreased $13,496,484
Rov AL SURPLUS Quoted .. Competitive Pricing
(LAYER 2) .. Quoted $15,000,000 excess of$lO,OOO,OOO
USF&G Quoted .. Competitive Pricing
(LAYER 3) .. Quoted $45,000,000 excess of $25,000,000
HARTFORD FIRE Quoted .. Pricing not competitive as part of layered program
FIREMAN'S FuND Quoted to Not competitive pricing
.. 5% minimum Wind Deductible
TRAVELERS Quoted .. Pricing/not competitive
ST. PAUL SURPLUS Declined .. Pricing/not competitive
RLI/MT. HA WLEV Declined .. Limited Florida property capacity
.. Coastal exposure
CrGNA Declined .. Maxed out on Florida property capacity
CHUBB Declined .. Coastal exposure
ST. PAUL (STANDARD) Declined to Coastal exposure
GEN STAR Declined .. Florida property capacity
.. Pricing/not competitive
PACIFIC Declined .. Pricing/not competitive
SOREMA Declined .. Pricing/not competitive
ROVAL(STANDARD) Declined .. Coastal exposure
W AUSAU Declined .. Pricing/not competitive
COVERAGES SUBJECT TO STANDARD POLICY TERMS, CONDITIONS AND EXCLUSIONS
CITY OF C/..&(R WofTER
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CITY OF CLEARWATER
PROPERTY MARKET RESPONSES
(CONTINUED)
AlG Declined ~ Coastal exposure
AETNA Declined .. Coastal exposure
.. Florida property capacity !
ZURICH Declined ,
~ Prohibited location/coastal I
LONDON Declined .. Current pricing too low
EsSEX Declined , .. Capacity - Florida property
.. Pricing/not competitive
KEMPER Declined .. Coastal exposure
.. TIV scheduled values
, CoVEMGES SUBJECT TO STANDARD POUCY TERMS, CONDITIONS AND ExCLUSIONS
CITY OF CLEARIf'ATER
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CRIME COVERAGES
I
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COMPANY Hartford Insurance Company of the Southeast
TERM October 1, 1997 to October 1, 1998
LIMITS OF COVERAGE Employee Dishonesty, Per Loss $ 250,000
. '~"'" .......... ........ ~..... ......~.... ...... ....... ".4.4'. ............... ".~.4.. ..~.~....... ...... ., ....~. ~.... ~.,~.... ....~. ...., ..... u ........
Forgery or Alteration $ 500,000
........~....4......n.................,.,................................................................. .u..................~.........................
Theft of Money & Securities, Inside $ 50,000
. ....... ........... ..............~ ............ ...... ...... ........ ........ ...... ...+~.... ....... ....~. ...... . ...... ..... ~~....... ..... ..... ....., ......~~..
Theft of Money & Securities, Outside $ 50,000
~~. ~... .~.._..... ... ...~ .~. ..4 ... ........ ............. .......... ..... .4.... ... ...4. .....4....... ~....~... ....4 .~.... ....... ...... ~..... .~... ~....... .~..
Computer Fraud $ 100tOOO
DEDUCTffiLE $5,000 Each Loss
COVERED PERSONS ~ Employees and volunteers (other than fund solicitors)
~ Directors or Trustees while performing acts usual to the duties of an
employee
~ Elected and appointed officials and members of all governing bodies
acting within the scope of their duties
EXCLUSIONS ~ Inventory shortages
(NOT INCLUSIVE) ~ Accounting or arithmetic errors
~ ERISA Plans
EXTENSIONS OF COVERAGE ~ Faithful Performance of Duty
CONDITIONS ~ Coverage is excess for any persons required to be individually
bonded
~ 90 Day Notice of Cancellation
~ Losses must be reported no later than 30 days after discovery
ANNUAL PREMIUM $5.439
COVERAGES SUBJECT TO ST ^NDARD POLlCY TERMS, CONDITIONS ^ND EXCLUSIONS
v-i
CItY OF' CLEARWA TER
IlUu,"n~ & Rul AtrJllrJltlltllll Prof"Gl't
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CITY OF CLEARWATER
BOILER & MACHINERY
COMPANY American Manufacturers Mutual Insurance Co. (Kemper)
TERM October 1, 1997 to October 1, 1998
LIMIT OF COVERAGE $50,000,000 Any One Accident
FORM .. Comprehensive Coverage, including production machines
.. Combincd Business InterruptionlExtra Expense
.. Remgeration Interruption
.. Utility Interruption
DEDUCTIBLE $10,000 Pcr Accident
Four Hour Waiting Period Refrigeration Interruption!
Service Agreement
SUB LIMITS .. Hazardous Substance - $2,000,000
.. Demolition and Increased Cost of Construction - $1,000,000
.. Electronic Computer & Data Processing Equipment used primarily
for accounting, statistical or management information purposes -
$100,000
EXCLUDED PROPERTY Any Bridge
EXCLUSIONS .. Expediting Expenses
(NOT INCLUSIVE) .. Ammonia Contamination
.. Water Damage
.. Earthquake
TERMS/CONDITIONS .. Newly acquired machinery covered, to be reported to company
within 180 daYfJ.
.. Ninety days notice for cancellation.
.. IIIn use or connected ready for use" requirement waived.
.. Join Loss Agreement with property company.
ANNuAL PREMIUM $5,894.00
COVERAGES SUBJECT TO 5T ANDARD POliCY TERMS, CONDI110NS AND EXCLUSIONS
CITY OF CLEAJ/WA TER
JtUUN1l~ & ItlJ! MaMtfllttl1t Prorrt'1ft
Effeclive 1011197.1011191
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CITY OF CLEARWATER
MARINA OPERATORS LEGAL LIABILITY
COMPANY I1TnIartford Insurance Company
TERM October 1, 1997 to October I, 1998
LIMIT OF COVERAGE $2,000,000 Any One Accident, including Defense costs
DEDucrmLE $10,000 Each Accident
COVERAGE Loss to vessels not owned by insured for which insured is legally liable
as the operator ofa marina.
COVERED OPERATIONS ~ Mooring at slips, spaces, buoys or anchoreges, rented to others by
insured.
~ Hauling out or launching.
.. Fueling and miscellaneous servicing of a transient nature.
COVERED LOCATIONS .. 25 Causeway Blvd.
~ Island Estates/Clearwater Marine Science Center
EXCLUSIONS .. Loss due to a dishonest act by an employee.
~ Loss of use, loss of time or loss offreight.
.. Bodily injury to any person.
~ Loss to any property owned by the insured.
~ War, nuclear incidents, riots, strikes or civil commotions.
~ Pollution absolutely.
ANNUAL PREMIUM $12,850.00
CoVERAGES SUBJECT TO STANDARD POLICY TERMS, CONnmONS AND ExCLUSIONS
ClTYOFCJ.EaWIC1U
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CITY OF CLEARWATER
FLOOD
COMPANY ,Bankers Insurallce Company ,
TERM Various
LIMIT OF COVERAGE Various - Maximum $500,000 Building or Contents
DEDUCTIBLE $5,000 Each Accident
Exceptions:
$500 Each Accident - 1001 Gulf Blvd.
$500 Each Accident - 700 Bayway Blvd.
COVERAGE First dollar flood coverage for selected properties to comply with
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act. Participation is required by the Act to qualifY for full
FEMA assistance.
ANNuAL PREMIUM $22,593 - Estimated
"
,I
"
COVERAGES SUBIECT TO STANDARD POLlCV TERMS, CONDITIONS AND ~CLUSIONS
P"
ClTYOFCWRWATER
//lJIINlltct d JUst M~".cltl Protf'llltl
EfTe'Cd~'e 1011197-1011191
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CITY OF CLEl\RW ATER
.-4
FLORIDA STORAGE TANK
TIDRD PARTY LIABILITY AND
CORRECTIVE ACTION POLICY
COMPANY Zurich America"
TERM May 20, 1997 to May 20, 1998
LIMIT OF COVERAGE $1,000,000 Each Incident
$2,000,000 Aggregate
DEDUCTIBLE Third Party Liability - $5,000
Corrective Action ~ $150,000
COVERAGE .. Third Party Liability ~ Bodily Injury or Property Damage to
third parties from an accidental release from a petroleum
storage tank resulting in a pollution condition.
.. Corrective Action - Excess coverage for storage tank owners to
restore land/property from an accidental leak in connection
with the Florida Inland Protection Trust Fund as part ofthe
Restoration Insurance Program of the Florida Petroleum
Liability and Restoration Insurance Program. The $150,000
deductible is funded by the State for qualified restorations.
ANNUAL PREMIUM $11,914.00
COVBRAGES SUBJBCT TO STANDARD POLICY TERMS, CONDITIONS AND EXCLUSIONS
i
I ' ,
,
crrr OJ" CLEARWATER
lIulU'rllltf cI Rule Afdlldplfltllf Proi"fllfl
ElTecllvc 1011197-1011198
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CITY OF CLEARWATER
GALLAGHER BASSETT SERVICES
RUN-OFF CLAIMS HANDLING,
I .
Claims Handling $ 6,300.00 36@$175.00
Risx-Facs $ 675.00
SIMMS $ 540.00 (Estimated as of 6/30/97)
TOTAL $ 7,515~00
i'
Option
Statistical Input
Charge for Data
from Client
$80.00 per claim
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Note: Number of open claims will be adjusted as of 9/30/98.
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CoVERAGES SUDJECT TO STANDARD POLICY TERMS. CONDITIONS AND EXCLUSIONS
CITY OF CLEARWATER
IIUIINJ/lCf! .. ~1$1; J,(/J/lQrtm,"t I'NJpwtt
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CITY OF CLEARWATER
-
RENEWAL PREMIUM
S~~COMPAmSON
, .. .. , '
" , , , ,
, , , '. ~overige " '.. Expiring , ,Renewal , Difference
"
, , ' .1996--1997 " 1997~1998
Property - Westchester Fire Insurance $ ,190,000.00 $ 169,200.00 $ (20,800.00)
Company
OPTION I Property - Layer 2 $ 150,000.00 $ 162,000.00 $ 12,000.00
Property - Layer 3 S 37,500.00 $ 55.000.00 $ 17,500.00
$70,000,000
LOSS LIMIT Property - Layer 4 $ 50,000.00 N/A $ (50.000.00)
Property - Clearwater Pass Bridge $ 45,000.00 $ 45,000.00 $ 0.00
$250,000 Crime & Dishonesty $ 5,660.00 $ 5,439.00 $ (221.00)
DEDUCTmLE
Boiler & Machinery S 5,894.00 $ 5,894.00 $ 0.00
Marina Operators Legal Liability $ I1J350.00 $ 12.850.00 $ 1.500.00
TOTAL S 495,404.00 $ 455.383.00 $ (40.021.00)
NOTES
,. 1996-97 TlV - S193.895J686
,. 1997-98 TIV - $180.399J202
,. Marina Operators - premium has increased this year due to an increase in receipts
from $1,420,000 (96/97) to $1 J662,200 (97/98) - 17% increase in receipts; 13%
increase in premium.
,. A short-term policy was issued effective 3/12/97 to expire 10/1/97 to cover the
Clearwater Pass Bridge. The short.tenn premium was $27,500. If written for an
annual term, the premium would have been $45,000.
See OpliOllS II and I/I on following page.
COVERAGES SUWECJ' TO STANDARD POLICY TERMS, CONDITIONS AND ExCLUSIONS
CrrrOFC/..EARWATU
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CITY OF CLEARWATER
PRODUCT DESCRIPTIONS
.. Excess Property - Premium $386,200; Flmida Surcharge Applicable (plus
estimated $300) Provides property coverage to a limit of $70,000,000 with a
$250,000 Self Insured Retention (deductible) for City property (buildings, contents,
equipment, 'vehicles, etc.)
.. Excess Crime - Premium $5,439
Covers Employee Dishonesty for $250,000, forgery by non-employees for
$500,000, theft on and off the premises for $50,000 and computer fraud for
$100,000. All coverages are subject to a $5,000 deductible.
.. Boiler & Machi1lery - Premium $5,894
Covers sudden and accidental occurrences to a $10,000,000 limit with a $10,000
deductible to specified pressure vessels and/or machinery (e.g., water heaters, air
compressors and boilers).
.. Flood (FEMA Required) - Premium $22,593 Estimated
Provides federal flood coverage for certain properties that would otherwise not
qualify for full governmental disaster assistance in case of flood damage, unless
'maximum coverage is purchased through the National Flood Insurance Program
(maximum coverage per location is $500,000 per Building and $500,000 per
Contents).
.. Marilla Operators Legal Liability - Premium $12,850
Covers liability to a limit of $2,000,000 arising from operations of city marinas
subject to a $10,000 deductible.
COVERAGES SUBJECT TO STANDARD POLICY TERMS. CONomONS AND ExCLUSIONS
CITY OF C1.EARWA TER
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CITY OF CLEARWATER
HURRICANE ANDREW SURCHARGES
Due to the catastrophic effects Hurricane Andrew has caused throughout the
property insurance marke4 especially in Florida, the Florida Legislature has
or is contemplating imposing various fees and surcharges on Florida
insurance policyholders, some of which may be retroactive in nature. While
'some carriers may choose to absorb these added costs, many are not, and are
passing these fees and assessments directly on to the policyholder. Arthur
J. Gallagher & Co. has attempted to show these fees and surcharges
wherever possible. However, Arthur J. Gallagher & Co. makes no warranty
as to the correct amounts due, whether indicated or not known. Retroactive
or not in nature, any and all such fees and surcharges actually charged shall
be the responsibility of the client, in addition to quoted premiums.
COVERAGES SUlUECT TO STANDARD poucv TERMS, CONDmONS AND ExCLUSIONS
CITY OF CLEARWATER
ImlUfJll~ d Rbi MaJUl~1 Prorra-
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Clearwater Glty Commission
Agenda Cover Memorandum
~\
1Iem #:
Meeting Dale: :~? P/7:
SUBJECT:
Financial Advisor/s Agreement
RECOMMENDA liON/MOTION:
Approve contract with First Union Capital Markets Corp. as the City of Clearwater Financial Advisor,
IBI and lhal the appropriale officials be aulhorized to execute same.
BACKGROUND:
. On May 5, 1994, the City of Clearwater signed a 3 year contract with Raymond James & Associates
to be the financial advisor for the City.
. The services provided by the financial advisor include assisting the City in investigating and obtaining
capital financing.
. In July, 1997, the City's main service provider at Raymond James (David Thornton) left Raymond
James and became employed by First Union Capital Markets Corp.
. Discussions with Raymond James and First Union about providing future service made it dear that
the knowledge held by the David Thornton about the City and its current debt transactions underway
required terminating the contract with Raymond James and entering into a new contract with First
Union. This was agreed to by all parties.
. A contract was entered into on July 23, 1995 with First Union and signed by appropriate officials for
an amount not to exceed $25,000.
. If the current Gas System debt transactions are completed, the compensation due might exceed
$25,000, requiring a Commission approved contract.
. This contract is under the same terms and compensation as the contract approved with Raymond
James.
. The City will issue a request for proposal for financial advisory firms and select a firm so that a new
contract can be entered into prior to the May 5lh expiration of this contract with First Union.
. Fees paid to First Union are $10,000 plus $.751$1,000 par amount of bonds issued and $150/hour for
non bond related services.
Reviewed by: Originating DepBrtment: Costs: Commission Action:
ug.1 FINANCE o Approved
Budget ~A Total o Approved wfConditlons
i
I Purchulng Usar Deportment: o Denied
RI.k Mgmt. Current Fiscal Year o Continued 10:
I IS Funding Source:
I ACM o Ca.p11~llmprovemenh
I 0 Oper~t1nll:
Other Advud.ld: 0 Other: Attachments:
I D.le: Conlract
Appropriation Code
! Poper:
I Submitted b . [J NDt Required o None
I Affoctod Partie.:
I [J NDtlfied
1 Cltv Mlnlgl C Not Rlqulrd
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Clly of Clearn'ater
Financial Ad\isor'l Agreement
This Agreement made the _day of , 1997, by and betwccn the City of Clearwater, Florida,
hereinafter referred to as the "City", and First Union Capital Markcts Corp., S1. Petersburg, Florida,
hereinafter referred to as "FUCMC";
Witnesseth:
Whereas. Ole attached Financial Advisor's Agreement dated Ole 23m day of July, 1997, between the City
and First Union Capital Markets Corp. Requires the City's approval if Ole total amount of compensation
exceeds $2S,OOO.OO~ and
Whe~ the final tcnnination date of the attached agreement is May S1h, 1998, and
Whereas, the City is currenUy engaged in a capital fonnation and debt refinancing program for the City's
Gas System which might result in FUCMC receiving compensation in excess of $2S,000.00 and
Whereas. the debt refinancing portion of the aforementioned financing program might not be complete
until a date later than May 5. 1998.
Now therefore in considemtion of the foregoing, the parties agree as follows:
'The total compensation cap of $25,000.00 is hereby removed so long as Ute compensation is othernise
detennined as outlined in the attached Agreement.
This Agreement shall be in full force and effcct until the later of the Sib of May. 1998, or the completion of
the CUJ'J'tnt debt refinancing program fOf the City's Gas System, provided, however. that Ute City shall
have the option. at any time during this period and witJlin it's sole discretion to tenninate this Agreement.
to be effective upon receipt by FUCMC of written notice at least thiny (30) days prior to any such
tennination.
IN WITNESS WHEREOF. the parties hereto have set their hands and seal the day and year first above
written.
First Union Capital Markets Corp.
David R Thornton
Vice President
Countersigned:
City of Clearwater, Florida
ii'
Rita Garvey
MayofRCommissioner
Michael 1. Roberto
City Manager
Approved as to form
and correctness:
Attest:
Cynthia E. Gouden
City Clerk
Pamela K. Akin
" City Attorney
~.
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City of Cleanvatert Florida
Financial Advisor's Agreement
This Agreement made the d.i'day of ~ ' 1997, by and between the City ofCleaI\\'3ter, Florida,
hereinafter referred to as the "City'" aijd ~irst Union Capital Markets Corp., St. Petersburg, Florida,
hereinafter referred to as "First Union";
Witnesseth:
Whereas, the attached Financial Advisor's Agreement dated the 5th day of May, 1995, between the City
and Raymond James & Associates, Inc. has been tenninated by the City pursuant to Section E of the
General Conditions of such Financial Advisor's Agreement; and
Whereas, the City has a continued need to retain a Financial Advisor to assist the City in investigating
and obtaining capital financing from time to time, including time sensitive financings currently under
review; and
Whereas, the individual most familiar with the City's finances from a Financial Advisory perspective
now works for First Union; and
Whereas, the City has detenruned that First Union is fully qualified to perfonn the required services as
Financial Advisor.
Now, Therefore, in consideration of the foregoing, the parties agree as follows:
First Union will serve as Financial Advisor to the City of Clearwater under the same terms and
conditions of the attached Financial Advisor's Agreement between the City and Raymond James
contained in the sections entitled:
1) SERVICES TO BE PERFORMED BY THE FINANCIAL ADVISQR; 2) FEES PAID TQ
FINANCIAL ADVISOR FOR SERVICES: 3)COSTS PAID BY THE CITY: and 4) GENERAL
CONDITIONS A., B., C., and F.
This Agreement shall be in full force and effect until the 5th day of May, 1998, the final termination date
of the attached agreement between the City and Raymond James, provided, however, that the City shall have
the option, at any time during this period and within it's sole discretion to tenninate to be effective upon
receipt by First Union of written notice at least thirty (30) days prior to any such termination.
The total amount of compensation paid to First Union by the City under this agreement (unless extended
by the consent of the parties) shall not exceed $25,000.00 unless first approved by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above
written.
FIRST UNION CAPITAL MARKETS CORP.
Approved as to fonn and correctness:
J.i Ljt.
Pamela K. Akii1 ,
City Attorney ATTEST:
fhfl~L
By:
City
LEARWATER, FLORlDA
By:
City Manager
Michael J. Roberto
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CITY OF CLEARWATER, FLORIDA
FINANCIAL ADVISOR'S AGREEMENT
THIS AGREEMENT made this~~ay of ~1995. by and between
the City o'f Clearwater, Florida, hereinafter referred to as the
"city", and Raymond James & Associates, Inc., st. Petersburg, Florida,
hereinafter referred to as "Raymond James";
WITNESSETH:
WHEREAS, the City has determined that there is a need to retain
a Finan~ial Advisor to assist the city in investigating and obtaining
capital financing from time to time; and
WHEREAS, Raymond James has responded to the City's request for
proposals for Financial Advisor services on December 21, 1994; and
WHEREAS, the City has determined that Raymond James & Associates
is fully qualified to perform the required services as Financial
Advisor.
NOW, THEREFORE, in consideration of the foregoing, the parties
agree as follows:
SERVICES TO BE PERFORMED BY THE FINANCIAL ADVISOR:
Services to be performed by Raymond James include, but are not
limited to the following:
1. Review existing debt structure and financial resources to
determine available borrowing capacity and the desirability of
refinancing for any or all of the existing debt.
2. participate as needed in developing the financing plan and
cash flow projections for the city's capital improvements program.
3. "Review existing and proposed loan pools and other Unon-
traditional" financing options to determine their desirability.
4. Recommend appropriate financial- structures for proposed
projects and provide the city with information about the structure of
financing programs used by other issuers.
,..
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5. Coordinate work with the Members of the City Commission,
staff, and appropriate counsel, regarding the financial and security
provisions of each financing.
6. Attend all relevant meetings associated with a specific
financing or with the capital improvements program as a whole.
7. Recommend the necessary provisions and covenants of the city
of clearwater to be contained in each financing document including but
not limited to, principal amounts, dates, maturities, interest rates,
redemption provisions, flow of funds, debt service coverage
requirements, reserve funds, rates and charges, security pledges, and
conditions relating to the issuance of any additional debt.
8. Advise the City of current and expected market conditions
and timing and marketing of bon~ issues.
9. Assist the city in establishing its rating and coordinate
applications for future credit ratings in order to obtain the highest
possible credit rating. If necessary, Raymond James will organize and
participate in a presentation directly to the rating agencies.
10. Assist the city in the application for municipal bond
insurance and other credit enhancement providers (as appropriate), and
coordinate the flow of information to the insurers in a timely manner.
11. Prepare an official statement
and/or disclosure counsel and arrange
distribution of the official statement
investors.
in coopera tion with bond
for the widest possible
to bond underwriters and
12. Recommend, for 'each bond issue, the method of sale, either
public, private, competitive, negotiated, e~c.
13. For public sales, prepare bid requests, notices of sale,
assist with bid openings, verify accuracy of bids submitted, and make
formal recommendations to the city relative to bid award.
2 FINANCIAL ADVISOR'S AGRE~
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Raraond Jaa.. , A..oclAt.., Inc. (Cont'd.)
14. For negotiated sales, assist with the preparation of
requests for proposal for underwriters, assist in the interview and
selection of underwriters, assist the city in negotiating rates and
terms of sale, and make formal recommendation to the city relative to
acceptance or rejection of the underwriters offer to purchase.
15. Assist the City in selecting trustees, paying agents,
printers, and other bond services.
16. Assist the city at the bond closing and coordinate printing,
signing and delivery of bonds, and assist with arrangements for the
investment of the bond proceeds in compliance with arbitrage
regulations.
17. Advise the city on proposed and actual changes in tax laws
and changes in financial markets that could affect the City's
finanoing plans.
18. Provide advice and/or arrange investment of bond proceeds
in accordance with ordinance requirements. Raymond James may sell
securities to the City in connection with a bond issue including
investments for construction funds, accrued interest and escrow funds.
Any profits from such sale are separate from any fees paid to Raymond
James as described below.
FEES PAID TO FINANCIAL ADVISOR FOR SERVICES:
1) Work directly related to a bond issue will be billed as
follows:
$10,000 plus $.75 per $1,000 par amount of bonds issued.
2) Work not directly related to a bond issue ("additional
work") will be billed on an hourly basis as follows:
$150 per hour for Vice President staff
$125 per hour for Assistant Vice President staff
$100 per hour for Analysts
3 FINANCIAL ADVISOR'S AGREEMENT
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Raymond James will provide the city with a written estimate
of the total cost of any such additional work, and will obtain prior
approval of the City before proceeding 'with such additional work.
COSTS PAID BY THE CITY:
The city agrees to pay all costs of any bond issues or other
financing, for attorneys of the Issuer, fee of Bond and/or Disclosu~e
Counsel, rating agency fees, insurance costs, printing costs of the
Issuer, printing costs of the Bonds and the Official statement,
advertising costs, traveling expenses of Officials of the Issuer, and
out-of-pocket expenses of Raymond James. Out-of-pocket expenses of
Raymond James will be limited to:
1) $2,000 per bond issue unless prior approval is received from
the City
2) $1,000 per project on additional work unless prior approval
is received for the city
GBHERAL CONDITIONS
A. It is distinctly understood that Raymond James will not
participate, either directly or indirectly, as an underwriter in the
sale of any Bonds for which they have acted in the capacity as
Financial Advisor. Raymond James may, however; purchase or sell any
of such Bonds in the secondary market after the expiration of the
underwriting period.
B. Should any planned financing fail to materialize, the city shall
not be financially obligated to Raymond James for work done in
anticipation of such planned financing except as to reimbursement of
such expenses as may be approved by the city prior to their being
incurred.
4 PINANCIAL ADVISOR'S AGREEMENT
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Ray.ond Ja... , A..oclat.., Inc. (COnt"d.)
C. Should, in the course of performing services described in this
Agreement, the city determine that additional services are desired of
Raymond James, and should Raymond James, agree to such additional
services, then this Agreement may be amended in writing as mutually
acceptable to the parties to provide for accomplishment of such
additional services and the basis of payment therefore.
D. This Agreement shall be in full force and effect for a period of
three years from the date of execution hereof provided, however, that
the city shall have the option, at any time during this period and
with its sole discretion to terminate this Agreement, said termination
to be effective upon receipt by Raymond James of written notice at
least ninety (90) days prior to any such termination.
E. In the event that David R. Thornton or Wendell G. Gaertner should
either leave Raymond James & Associates or be permanently unavailable
to assist the city of Clearwater when requested, the city may request
a renegotiation of terms of this Agreement or may, at its sole option,
terminate this agreement by giving written notice at least ten (10)
days prior to any such termination.
F. This instrument embodies the whole agreement of the parties.
There are no promises, terms, conditions, or obligations other than
those contained herein; and this Agreement shall supersede all
previous communications, representations of agreements, either verbal
or written, between the parties hereto.
G. Any provision of this agreement to the contrary notwithstanding,
Raymond James hereby represents and warrants to the city that all
material representations contained in the Response to the Request for
Proposals (RFP) attached hereto as Exhibit "AIf and made a part hereof
including, but not limited to, the liability insurance coverage
carried, the location of the firm, the number of attorneys and
financial experts working for the firm are accurate and correct.
Raymond James hereby agrees that should any such representation be
false, inaccurate or misleading at the time of making the
representation" or change between the time of making the
representation and the time of the,execution of this agreement, or
change after the execution of this agreement, Raymond James shall
promptly notify city thereof and city shall have the right of re-
review of this agreement together 'with the right to terminate this
5 FINANCIAL ADVISOR'S AGRE~
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agreement by giving written no~ice at least ten (10) days prior to any'
such termination. If Raymond JameS should fail to promptly notify
City as required by this paragraph G, and city receives such
information from other sources', City shall have the right to terminate
this agreement by giving a no~ice as provided for in this paragraph.
)
I I \
IN WITNESS WHEREOF, the ~arties hereto have set their hands and
seal the day and year first above written.
Countersigned:
R ta Garvey
Mayor-Commissione
Approved as to form
and 'Correctness:
lll~ L
'Pamela K. Akin
city Attorney
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RAYMOND JAMES , ASSOCIATES, INC.
~y: %-Jtf??ff
(crTy'OF CLEARWATER, FLORrDA
By: ~*~
Eliz eth M. Deptula
city Manager
Attest:
L. "
Goudeau
I~
6
FINANCIAL ADVISOR' S AOREElmNT
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GIeanvater City Commission
Agenda Cover Memorandum
~ ~ Ilem#:" , '
Meeting Dale: ,:IJ,g,cf 7 '"
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SUBJECT: Banking Services Agreement - Barnett Bank
RECOMMENDATION/MOTION: Approve the banking services agreement with Barnett Bank for a
period of three years commencing October 1, 1997 for an estimated $90,000 annually,
00 and that the appropriate officials be authorized to execute same.
BACKGROUND:
A total of four RFP proposals were received from: Barnett Bank, Sun Trust Bank, First of America Bank
and Intuition Systems, Inc.
Staff contacted several of the bank as to why they did not submit a proposal. The two responses were
that the banks did not offer the services the city needs and/or that the banks felt they could not compete
against Barnett Bank's pricing.
Of the four proposals, Barnett Bank scored the highest by the selection committee. The selection
committee included representatives of Parks & Recreation, Central Permitting, Transportation, Utility
Customer Service, and Finance.
The City has been pleased with the quality and timeliness of service that we receive from Barnett Bank.
The problems that arise have been quickly and satisfactori Iy resolved.
The City will be taking advantage of new technologies to reduce some of the banking fees.
Expenses for this contract are charged to a non-budget expense code in the Consolidated Cash Fund.
The expenses are deducted from investment earnings prior to the allocation of earnings to the
participating funds.
Barnett Bank will provide checking accounts, security safekeeping of the city's investments, coin
services, utility payment processing services and overnight investing of account balances among other
services. The ag~eement is avai.!~~!.~_,_in, t;,l!e . City Clerk Department. - VI. oW h €..r~
'. Reviewed by:
Legal
Budget
Purchasln
Risk MgmL
IS
ACM
Originating Department:
l.-.tl1.A
Finance
User Department:
Costs:
$90,000
Estimated Annual
Total
o
Current Fiscal Year
Commission Action:
o Approved
o Approved w(Conditlons
o Denied
o Continued to:
Flnanco
Funding Source:
o c..pllillmprOtllmllnll
o Opllritlns:
IX! Othllr:
Earnings
Attachments:
Other
Advertised:
^_. . .
Date: 1S/16/97:
6/9 and 23, 1997
Paper: Warfield's
Tampa tribune
o Not Required
Affected Parties:
(J Notified
[H] Not Required
Appropriation Code
699~7 400-530100.505-000
iSubmltted b :
I
City Manlger
o None
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REQUEST FOR PROPOSAL 116~97
. BANKING SERVICES
JUNE 6, 1997
I
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PROPOSAL SUBMISSION LIST '
BARNEIT BANK ,
JEFF S. MCREA, VICE PRESIDENT CORPORATE CASH MANAGEMENT
ONE PROGRESS PLAZA
POST OFFICE BOX 12288
SAINT PETERSBURG, FLORIDA 33733-2288
PHONE: 813 /892~i559
FIRST OF AMERICA BANK
KENDEL JENSEN, VICE-PRESIDENT
F~TOFAMEmCAPLAZA
201 EAST KENNEDY BOULEVARD
TAMPA, FLORIDA 33602
PHONE: 1 800 1362~3690
SUN TRUST BANK, TAMP A BAY
DONALD CAMPISANO, ASSISTANT VICE PRESIDENT
POST OFFICE BOX 3303
TAMPA, FLORIDA 33601M3303
'PHONE: 813/892-4953
INTUITION SYSTEMS, INCORPORATED (LOCK BOX ONLY)
KATHY KYLE, OPERATIONS MANAGER
11860 31ST COURT NORTH ,
SAINT PETERSBURG, FLOIUDA 33716
PHONE: 813 /573M3511
ADVERTISING
WARFIELD'S'TAMPABAY REVIEW MAY 16, 1997
, TAMPA TRIBUNE 'MAY 9 AND 23,1997
REQUEST FOR PROPOSAL TABULATION
PROPOSALS SOLICITED:
PROPOSALS RECEIVED:
"NOMPROPOSAL" RESPONSE:
NO REASON GIVEN
7
3 PLUS 1 FOR LOCK BOX ONLY
2 (NATIONS BANK AND FIRST UNION)
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BAN~NGSER~CESAGREEMENT '
,nilS AGREEMENT, made and entered Into on the ~ day of Sept:~bpr
1997, by sand between Barnett Bank NA Plrteflms County (hemin referred to as the
-Bankj arid the City of Clearwater. Florida, a municipal corporation (herein referred
to as the -City").
WTmeSSETH:
NOW, THEREFORE. in consideration of thu pmmfses and coven.n13 contained
herein. the parti9II agree as fonowa:
1. Blnk Dutfa.
That the Bank shall furnish an material and perform all of the wort( for:
, '
Requeot for Proposal for BankIng Services (RFP #116-97)
, fer the City of Clearwater, Florida, and in full and c:ompfete accordance as
provided by the following enumomtsd documents, ("Contract Documenta1
whIch are InCClrporated heroin bt f8fer8nce and made a part hereof as if
fuUy setout herein:
Tho Request for Proposal (RFP #116-97) dated Apnl25, 1997
("Exhtbit Aj
The Bank's Renponn dated June 6.1997
("Exhibit Bj
Thla Instrument and Bny c:hangfm to the foUowing documents
egreed to by the partin hereto.
2. Amendments.
AD pn:Mslont of the Contract Documents shaD be l5b1ct1y compfied with and
canfonned to by Ute Bank. and no amendment to thls Contract shan be
made except upon the written consent of the parties, which consents shan
not be unreasonably withheld.
No amendment shall be conWued to release either party from any
obligation of the contract documents oxcopt 81 lpedficatly provided for In
such amendment.
,3. Tenn of Agreement
The term of this Agreement wiD be for a period of three years beginning
Odober 1, 1997 and ending September 30.2000.
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at.' Services
TIle serviceS 10 brt provided am u Set forth in the attId1ed Request for
Proposal (exhIbit A)I and the Bank's Response (ExhJbIt 8).
,which, to the extent not Inconsi8tent with this Agreement. is incorporated in
thJs AgA18f11snt
6. Other Services
AI other services not identified in tho A.gn!ement. Proposaf or Response
must be approved In writing by the City and an coats must be agreed to by
both parties prior to services being rendered.
6. paym.nt .
The Bank wm invoice the City monthfy for the servk:es provided In this
Agr8ement based on the unit costs submifled in the Response submitted
. by the Sank.. City agrees to pay an InwfcaI pursuant to the Florida Prompt
Payment Ad, F.S.218.70.
,
, 7. Notice
My Notice given by one party to the other in connection with this
~ent shaJJ b!J sent via U.S. Mas1 to:
City of cre8twater
P.O. Box 4748
Clearwater FL 33758-4148
Barnett Bank NA Pinella. County
200 Central Avenue
st. Petersburg FL 33701
8. SW~nlbnlty
In the event that any provisron or portion hereof ar any Contrad Document
shaf1 be found to be invarlCl or unenforceable, then I\Id1 provisions or
portion thereof shall be perfonned In ~ with the appllc:able laws.
The invarKfIty or unenforceabffity of any prgvi810n or portion of any Contrad
Doc:ument shall not affect the vatlcftty or enfon::eabUiIy of any other
pn:7Yiaicn or portion of the Ccmtntct Doeuments.
.
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9. Due Authority
Each party to this Agreement reprosents and warrante to tho ~ parties
that (I) they are durr organized, qualifi8d and existing ~100es under the
Iawa of the state of Florida, and (Jg aD appropriatD authority existt co as to
duly authorize the personI executing this Agreemont to 80 execute tho
same fuUy bind the parties an whose behalf they are executing.
10. rlnnlnation
Ether party may ttmninate thta Agreement with one hunOted and twenty
(120) days written notice to tho other party.
., .' IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
.. da1e I'm above writtan.
BARNETT SANK NA P"fIlOllas County
Br: ~). lI-.fZ.-
J.U ~L MI"RRt!
(Please print or type name)
iku l'~e~tdent
(TrUe) .
, ATTEST:
.OL~L
Vice Pre6::1.dcmt
CITY OF CLEARWATER. flORIDA
By:
Rita Garvey,
Mayor.commh~si~
Michael J. Roberto.
City Manager
Approved as to form and legal sufficiency:
Attest
John C. Carascas,
Assistant City Attorney
Cynthia E. Goudeau
City CJeric
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EXHIBIT itA"
CITY OF CLEARWATER
Banking Services
lfEJ)UEST FOR PROPOSAL (RFP) PROCEDURES
I. $ealed RFl,:
Responses to this request for proposals (please submit seven (7) copies) should be
submitted in a sealed envelope, clearly identified as "Proposal tor Banking Servlca,"
and mailed to:
George McKibben
Purchasing Mansger
, City of Cleanvater
PO Box 4748
Clearwater, Florida 34618-4748
or delivered to:
George McKibben
Purchasing Manager
3rt! Floor
100 South Myrtle Avenue
Clearwater, Florida 34616-5520
'Ibe RFP's are due no later that 4:00PM. June 6, 1997. Any RFP's received after that
date and time will not be opened. The RFP's will be opened at that time in Room 342.
2. RFP Response Fonns!
AD responses must be presented on the standardized "Banking Services RFP Response
Form," which has been provided. Supporting material may be provided; however, the
City's decision will primarily be based upon a comparison of the standardized forms
received. The City reserves the right to reject any or aU RFPs, or to informal1y negotiate
certain points of the final contract with a qualified proposer.
3. Out.1tionll and Additional Information:
Requests for clarification or additional information should be submitted in writing to:
, ,
Mail:
George McKibben
Purchasing Manager
P.O. Box 4748
Clearwater, Florida 346184748
(813)562-4635
FAX:
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Responses will be in writing and copied to all proposers as addenda to this RFP.
4. Pre-RFP Conr,rence:
A Per-RFP Conference will be held on May 16, 1997, 2:00PM in room 332 of the
Municipal Services Building, 100 South Myrtle Avenu~ Clearwater, FL 34616-5520.
s. ~ Schedule:
, April 25, 1997
May 16, 1997
Distribution of Request for Proposals.
Pre-RFP Conference.
June 6, 1997
All sealed RFPs must be in the hands of the City's Purchasing Manager
by 4:90 p.m.
July 14, 1997
October I, 1997
Recommendation for award to City Commission.
Anticipated implementation date for contract.
5. ~lediOD Criterili.
The following criteria will be used to evaluate RFP responses and to make a
recommendation for award to the City Conunission:
. 50 points- The proposed earnings rate on overnight cash balances.
. 35 pointSw Physical proximity of City offices and activities.
. 25 points- The aggregate cost of banking services.
. 25 points .. The experience and continuity of the bank officials identified as
primary contact personnel.
. 20 points-- The completeness of the response to all required items on the
standardized bid forms.
. 20 points ~Responses from references.
o 20 points -Bank financial stability as provided by a bank rating Service.
. S points- Community Reinvestment Exam rating.
, T~taJ possible score of2oo points.
2
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6. )lI2ht To Protest:
Any actual or perspective proposer who is aggrieved in connection with the solicitation or
award. of . contract may seek resolution of his/her complaints by contacting the
Purchasing Manager.
7. fl,enness or Proeurement Process:
Written competitive proposals. other submissions, correspondence. and all records made
thereof. as well as negotiations conducted pursuant to this RFP. shall be handled in
compliance with Chapters 119 and 286 Florida Statutes. The City gives no assurance as
to the confidentiality of any portion of any proposal once submitted.
8. No CoDuslon:
By, offering a submission to the RFP. the proposer certifies the proposer has not diwlged
to. discussed or compared hislher competitive proposal with other proposers and has not
colluded with any other proposers or parties to this competitive proposal whatsoevu.
9. I!.fonnRlity W.iverlR~Jec:tlon of Bids~
, The City reserves the right to reject any or all responses and to waive any irregularity.
vuiancc or informality whetber technical or substantial in nature, in keeping with the best
interests of the City.
10. RFP Expenses Statement:
AI vendor costs associated with this RFP will be the responsibility of the vendor.
11. No Correction:,
,Once a competitive proposal is submitted. tbe City shall not accept any request by the
proposer to correct errors or omissions in any calculation or competitive price submitted.
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SCOPE OF BANKING SERVICES
The City of Clearwater is currently looking for a financial institution to provide the following
banking services.
A. Main ODera.lne: Account:
The Citfs main operating account covers a variety of activities. Several of the City's
departments arc responsible for their own deposits, and require a 24~hour deposit
capability for their collections. Deposits will be made by either city employees or a
security service. With the exception of parking meter deposits, all deposits will be
accompanied by duplicate deposit slips. Upon verification of the deposit, a copy of the
deposit slip must be acknowledged by the bank and mailed to the City's Finance
Department on the day of verification. Pads of deposit slips printed with the name of the
activity and cost center will be furnished at no charge by the ban~ in such quantities as
may be required.
Should deposited checks be returned because of insufficient funds (or any other reason).
one attempt will be made by the bank to redeposit the check, after which it will be
forwarded to the City's Fmance Department for processing.
The City writes approximately 2,300 checks per month on the operating account, and
makes approximately 900 deposits per month to this account.
The average amount of money processed through this account each month is $18,000.000.
Of this amount, approximately !IS involves investment transactions.
The bank must have the capability of receiving electronic transfers and wire transfers from
the state, federal, and local governments for items such as state revenue sharing, federal
grants, and community development block grants.
The average monthly value of this account (including cash and short-term investments)
over the past 12 months has been approximately $10,000,000.
B. Pavroll Accoun..!:
The City is on a biweekly payroll basis, paying an average of 1.900 employees every other
Friday. The net payroll amounts to approximately $1,400.000 per pay period. In
addition, a pension payroll of approximately 340 checks is issued at the end of each
month. Net pay for this pension payron amounts to approximately $350,000.00.
The City will not deposit funds to the payroll account. Instead, the bank will operate a
"zero balance account," to which funds are automatically transferred from the main
operating account as payroll checks are presented to the bank for payment.
The City currently otTers a voluntary direct deposit payroll system to its employees. The
Bank must have the capability of processing this "direct deposit payroll" whether the
employees' accounts' are at t~e bank or at other banking institutions.
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.ft.Bnk Statement.:
The cut-off datc for statement purposes for all City accounts will be the last day of each
month. Statements must be received by thc City's Finance Department within five
working days following, ih~ cutoff.
Payroll checks are computer generated. The depository bank must have computer
capability to reconcile checks issued by the City with checks paid by the bank. using
magnetic tapes supplied by the City and bank computer files of checks paid.
Although payable checks drawn on the City's main operating account are computer
generated, the computer system does not currently contain a reconciliation modulc. When
a system is purchased that contains a reconciliation mode the bank will be required to
reconcile paid checks in the same manner as for the payroU account.
Checks are to be arranged in numeric order prior to their return to the City with the
statements.
A statement must be furnished for all special accounts required by the City OD the same
schedule as required for the operating account. The City reserves the right to add
additional accounts as necessary.
In addition to regular statements, the bank must provide on demand, daily balances in the
depository accounts ifand when such infonnation is required by the City.
D. Coin DeDosi~:
City parking meters generate collections of coins in 1 cent. 5 cents., 10 cents and 25 cents
denominations, ranging from approximately $500 to $10.000 per day. The coins are
collected by City Employees, packaged and prepared for armored vehicle delivery to the
location and/or individual specificaIJy designated by the bank. While the City counts the
coins it wiU be necessary for the bank to sort and count the coins, determine the amount
involved, and prepare deposit slips in duplicate for each location involved. The bank must
provide adequate internal security to guarantee proper handling of such deposits. The
bank will be expected to provide such mechanical sorting and/or counting equipment that
may be required.
Parking meter collections are segregated by individual parking facilities and packaged in
canvas coin bags provided by the bank. These containers will have to be emptied into
bags or other receptacles to be provided by the bank pending sorting and counting. The
integrity of separate collections from specific lots must be preserved and separate deposit
slips prepared on each. The City of Clearwater currently has 30 lots in operation.
Foreign coi~ tokens, slugs, mutilated coins, etc., will not be counted or assigned a value
but will be removed from deposits, accumulated, and turned over to the City's Finance
Department weekly. Details of this procedure will be worked out between the City's
F'mance Department and the bank.
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Coin deposits must be counted and documented during the business day received. or the
foUowing day if conection is received after the cut-off time established by the bank. All
deposit slips win be delivered to the City's Finance Department at the Municipal Services
Building no later than the next working day foUowing the deposit.
E. IAxk DOl Services:
The bank will provide a lock box service for the City's utility collections. according to the
fonowing instructions:
1. The City will provide a post office box. The bank wiU retain a key to this post
office box and have exclusive use of same. The bank must provide the internal
security needed to guarantee proper handling of all deposits received through the
post office box.
2. Each moming, the bank's personnel will empty this box or its contents, at an early
enough hour to insure that all deposits will be processed prior to cutoff. The
contents of the envelopes will be removed, and checks or cash will be verified
against the utility payment stub.
3. AU items will be processed by OCR scan, balanced, and filmed, and the aggregate
amount deposited the same day to the operating account. Deposit information will
be transmitted electronically, via modem to the City's Utility Customer Service
Division by 11:30am of the same day. The modem transfer must be compatible to
the City's computer system.
4. The utility stubs, one copy of the deposit slip, any items that cannot be processed.
and a report containing all items processed in step (3) will be delivered to the
City's Utility Customer Services Division at 100 South Myrtle Avenue, prior to
3:00 p.m. on the same day that they were received. The magnetic tape must be
compah"ble to the City's computer system.
S. A copy of the same deposit slip will be delivered to the City's Finance Department
at Municipal Services Building on the same day that they were received.
6. Subcontracting of lock box processing requires the City's prior approval.
7. Indicate accuracy standards and what penalties the financial institution will incur
these standards are not met.
F. Inyestments:
The bank will handle the purchase or liquidation of investments only upon written
instruction by the City's Finance Director or her designee.
Investment transactions must be consummated on the same day that instructions indicate.
Failure to consummate investments on a timely basis will constitute a breach of this
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contract, and will constitute cause for immediate cancellation of the contract, or legal
action for damagcs, or both.
Upon maturity or liquidation of an investment, written notification will be sent to the
City's Finance Director showing the deposit of the proceeds. The same type of written
notification will be required for all purchases of investments handled through the bank,
whether purchased by check, wire transfer, electronic debit, etc. These notifications will
be mailed on the same day that the transactions occur.
The City reserves the right to invest in time deposits of any bank, U.S. Government
securities. repurchase agreements, or other investments deemed legal and prudent in the
opinion of the City. In no case will the bank be awarded time deposits at rates lower than
those established in the competitive marketplace.
The bank shall provide safekeeping facUities for investments owned by the City, either
within the bank's own facilities, or at the Federal Reserve. A copy of all safekeeping
receipts will be issued to the City at the consummation of each investment transaction. A
statement listing the details of all items in safekeeping will be furnished to the City at the
end of each month.
G. ~oll.tel'ftl:
In compliance with the F10rida Security for Public Deposit Act, Chapter 280, Florida
Statutes, all institutions submitting bids for the City's banking service must be included on
the list of approved financial institutions as published by the Department of Insurance and
Treasurer, of the State ofFJorida.
H. S1tretv Deposit BOl[t!:
The bank shall provide safety deposit boxes, as needed, for the storage of registered
bonds, coupons, or other material requiring exceptional security.
L lroturement Cards,;,
The City of Clearwater desires to implement a program whereby smaIl purchases Oess
than $500 per transaction) can be made through the use of a procurement card. Currently .
the City uses a "Restricted Purchase Order" for these purchases. The procurement card is
intended to replace this systef1l. Last year the City issued 10,000 Restricted Purchases
Orders. The City estimates that approximately 50 employees will be issued procurement
cards. The procurement cards will not be used for telephone credit cards or cash
advances. Because the program is new to the City the City may make changes as needed
to the program.
1. Card Fonnat Design:
a. The name of the City of Clearwater will be on the face of the card and a
distinct feature (such as the City seal) with the City's approval
b. The phrase "For Official Use Only" printed on the face.
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c. The phrase uTI" Exempt" and the City's tax exempt number 62"()2.
1348S9..S4C embossed on the face.
d. The Contractors toll free uhelp" number on the back.
e. There shall be no references to Automatic Teller Machines (AlMs)
included on the card.
2. Controls and Restrictions:
a. Cash advances are strictly prohibited.
b. Per transaction dollar limit for each cardholder.
c. Number of card authorizations per day.
d. Number of procurement card transactions per cycle.
c. Authorizations tied to budget limits.
f. Restrictions on types of vendors where cards can be used.
g. Restrictions on type of purchases.
J. Wire Transfc!]:
The City is required to wire transfer funds to other banks. This service will be provided
on the request of the City.s Finance Director or her designee. In order to maintain audit
controls the bank will be provided with written guidelines to follow regarding these
transfers. All wire transfers require verification or "call back" for authorization.
K. O....Une Bankln!!:
It is the City.s intention to take advantage of on-line banking services, if offered. If your
financial institution has this type of service please include any cost and/or discounts on the
bid forms.
L Ovemieht ReourchRse Aereement Sweep Account:
At the close of each business day, all collected balances in City accounts win be
transferred to a special investment accoun~ called a sweep account.
The total collected balances will then be invested in a repurchase agreement at the bank,
backed by U.S. Government securities.
The bank must arrange for third party eollateraJization of U.S. Government securities in
the amount of $20,000,000 to secure such overnight repurchase agreements. Both the
collateral securities and the third party holder must be acceptable to the City. The
collateral agreement must clearly indicate that the securities represent collateral for the
overnight repurchase agreements, and may not be released without the written consent of
the City. Such consent will not be unreasonably withheld, and it is understood that these
securities will be replaced from time to time as conditions warrant. The bank agrees to
notify the City immediately in the event that the Market Value of the collateraJ securities
does not exceed 105% of the amount of the overnight repurchase agreement. The City
will then either reduce the amount of the repurchase agreement, or will arrange with the
bank to provide additional coJJateraJ.
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At the beginning of the next business day, all balances in the sweep account shalJ be
transferred back to the operating accoun~ along with the interest earned on the overnight
(or over the weekend) transaction. Daily written notification concerning interest earned
will be given to the City. In addition. monthly statements will be forwarded with the
City's regular bank statements, outlining the details of sweep account earnings for the
period.
All interest earnings will be computed in accordance with the negotiated rate that was
agreed to in the contract for banking services. This negotiated rate shall be stated by
prospective bidders as a rate that bears a direct relationship to the Uaverage daily Fed
Funds rate," as published in the Walt Street Journal. The rate bid by the bank will be
quoted in decimal point~ such as "the average daily Fed Funds rate, Illin.uJ .35" (or 35
'1>asis points"), Uthe average daily Fed Funds rate, plus. 1 0 etc. In DO case wiU the City
accept another source for computation of the interest rate.
M. A TM Machines:
Currently the City is negotiating under separate contract for ATM machines at the
fonowing locations:
. City Marina
. Harborview Convention Center
. Municipal Services Complex
It is the goal of the City to bring the ATM machines at these locations under the City's
Banking Ser~ices contract. The City understands the placement of an ATM machine at a
particular location depends upon the ability of the financial institution to make a profit at
the location.
N. Cl"edit Cards Payments:
Currently the City is accepting credit card Payment at the following locations:
. Pier 60 (Fishing supplies)
o City Marina (Slip rent)
. City Marina FuerDock (Fuel purchases)
. Gas Sales (Gas appliance sales)
It is the City's intention to expand credit card services to as many locations as possible.
The ability to accept credit card payments for a particular location depends upon the City
Attorneys interpretation of state statute. Currently the credit card contract for the listed
location is with a third party vendor. It is the City's intention to bring this service under
this contract
o. Disasters:
In the event of a disaster such as a hurricane, flood. and civil unrest the financial institution
will have available with 24 hours n'oUce S50,000 in cash for the City. The cash will be at
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a site mutually agreeable by both parties. In the event of a major disaster such, as a
hurricane, the financial institution will have a facility open in the Clearwater area for the
City's use within 72 hours after the event is over. nus facility will also be used for City
employee's to cash payroll checks in addition to other City business. The City recognized
that it may have to make special accommodations such as security and a location for this
to occur. The financial institution will include provision of the City of Clearwater in it',
disaster plan. Final details will be negotiated with the successful financial institution.
P. ACH Services:
The financial institution needs to provide ACH payment applications for utility payments.
Rejects need to be faxed daily to the City's Utility Customer Service Division. Item
deletion/reversal needs to be available.
Q. ' DeDosits bv Armored Car Service:
The City uses armored car services for deposits from the City's Utility Customer Service
Division located at 100 South Myrtle Avenue. Deposits are picked up daily by 1 :OOpm.
These deposits need to be delivered to a local financial office for same day credit. Provide
location and the time the deposits need to be received for same day credit.
R. Payment for Services:
All account charges will be itemized on a monthly basis. and remitted to the City's rmance
Department. Following the City's opportunity to review the statement of charges the City
will remit a check to the bank.
S. Dt!ie:na.ed Bank Con.act Personnel:
'The bank shall provide a list of contact personnel within the bank who are qualified to
provide infonnation and assistance in the following areas on a daily basis. Ir.clude
position, length of service, and summary of professional experience. Please attach listing
to bid response form.
1. General Information
2. Investments and Safekeeping
3. Lock Box Services
4. Bookkeeping
, S. Sweep Account
6. Coin Counting
7. Disaster Contact (24 hours per day, 7 days per week)
T. Rererenees:
In order to ensure that the bank awarded the contract for the City's banking services is
capable of handling the City's accounts, the bank must provide a list of names and
10
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addresses of business customers of similar size and complexity to the City's organizational
requirements. Municipal client references are preferable. In addition, each bank must
provide I copy of its most recent audited financial statement.
u.
Community Reinvestment Ststernen,:
The bank must provide a copy of it's Community Reinvestment Act Policy Statement and
a copy of its most recent Community Reinvestment Act Perfonnance Evaluation.
'v. Written Contrae,:
The City will enter into a signed contractUal agreement with the bank selected for a period
of tlvec years. This contract may be renewed for additional one year periods by mutual
.', consent of both parties. The language of the contract will incorporate the provisions of
this'RFP, and the response presented by the successful bidder. The final form of the
contract win be negotiated with the successful financial institution.
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.. EXHIBIT "B"
. City or Clearwatw
RFP for Banking ServlcH RFP Rupon.. Form
Monthly Banking COItI
. Monthly MonIht1
Awno. Unit Price Coet
Bade S.me.:
Acx:o\rIt MaHenal'lCll 2 15.??oo 30.00
Otposb erec:..d 813 0.2575 21>>.35
ACH Depoab CledIIed 172 0.0500 8.eo
ItemI "* 4,094 0.0500 234.70
^CH~Paid 15 0.0500 0.75
"""" o.podId hrYIceI:
On Us Non-EncodtcI 2.377 0.0195 "'.35
~ Non-Encoded ",a74 0.0315 1 47.23
FIottdI F<<l Non-Encodt<I 2.1 :zg 0.0445 804.74
Non FIDr1dI Non-Encoded 1,242 0.0IS85 72.et1
On Us Encoded 8,018 0.0075 45.14-
C~ EnccdIid 13,380 0.0155 2D1.3G
FIofkta F~ Encoded ....882 0.0295 138.12
Non F10tIdI Enc:odecf 2,2S5 0.0435 .,4
ACH s.mc.:
ACH ......laI'ICI 2 13.??oo 2l!UXI
Fed SU'dwgGr'CrIdb ~ 0.0200 0.84
Fed~bb 18 0.02Q0 0.38
ACH Ierre ReMnecI 2 1.em 2.80
CCO+ AddI:ndI stmnnt (AYllablil ot*lI) 1 N1A' 0.00
ACH IIIIm. 3,445 0.0475 1ll3.1!14
Dell ,.,.1IffiIuIan 22 5.??oo 110,00
Caah s.mc.:
Cah Depoob pet ",000 (Vault J CcHn o.p) D1 2.ft500 25.35
DIpoII Con'IdIonI 1 1.??oo UO
Branch Cah DepocI pw $1,000 4f11 O.fISO) 2!S4..5IS
ctwva 0nIrn 3 2.??oo CLOD
RapkI oun. Dtpolb Cndb ea -G.2000 .13.20
RaPd IMi'wa Hill Oepoeb er.dII 45 -G.2500 .11.25
DepoaII SGMcoe:
.... ReUned 55 1.<<XIO 77 .f1J
Ren.n IIDrM 107 1.??oo 107.00
LoclboI SenIIc:eI:
Rebllb1INy MMUnInce 1 125.??oo 125.00
Retd 1.odctlox Itam-Eud 26.061 0.0950 2478.37
"'-=
... ChIdlJOocLmont 0,Q2CO ~
a.dc Ontt PayrnenI 0.0950
Nc:ft.&ac:t 0.0200
R.... (OCR) Rejects , 919 O.ceoo 78.32
R"~Spec. Rljec:t 86& 0.05l50 82.40
R.... DIIII TtaJIU'NAIon 1 150,??oo 150.00
RItaI LOX ..... Non-Euct (S.ODS + $.02) 1,875 0.1150 215.83
Ilf~ FtIM
US PoItIge F... eo.c
Mal CGuIer (FEOEX. UPS, Me) aid AI:iI;:I;u1I
0laIved Ch:t
~""""1!!lI Feu
~lQ .ln1*meratlon No Charg.
~".g. Changes 200.??oo ldange
06o'06I97
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. city of CIearwaW
RFP for Banking Servtcea RFP R..pon.. Form
Monthly Banking Cotta
. MonIhty MonChfy
A~ Unit Prk:e eo.I
. Loci:bolS.... (ConUnutd):
lpedalftllfn Pn.ocumg F...
ChIck ~ 0.1500 tlem
Cnh ItIm 1.25ClO ram
OCR SCI.IIOOg Reject O.oeoo IIem
. IpadaI ~ FIlH
ExtnI Daly PIcbge DeftlnatIon 25.??oo /de:Itination
SpecJ.II ~ FHS
Standard o.td1lJ1tlrG No = hnonth
. Custom Report
AdcIUonIII Copy of Daly Report 25.??oo Itnonlh
0.11 t.tc:mftcha caIIt .~
Fa DepllII Notibtlon 100.??oo hnoc1th
TeJlphone Oe~ Nollllc:atlon 100,??oo hnonIh
. Ip-W MacIIIaneou. Fen
[)lit. Enby aw.r.der 0.0040 IchanK:tet
~~equettJOoc, RotnevaI 04.0c00 k>>pJ
It Barnett and QuatpoH meet =:
Insln that = itanlfardI; .... !ned.
OW ~ II I1lIiIntU1 0IlW...... at ....
ttan 112.. of\he ~voIurnI
. hnllty for Not MaetII'SlI8bndMd
~lKlC=,uaeuod If
~ ... tnIII.
'. ~..-..:
FUlR~nce 1 13.??oo 13.00
'FN Sort-Pct 11Im 4,718 0.017'5 82.57
F~ Recon-Per"m 2,'i17 0.0515 123JiM5
AnP DaCI Enby..Pw Item 1 0.1000 0,10
II R.xll~ R-Jecb 5 0. 7SOO 3.75
MlgllOtIc T.. OlAJU-ARP 0 11.5000 0.00
Wh TrMcfer s.McIo:
I T.phonI~ 2 4.??oo 8.00
00rnHtlc\\h incoming 1 5.??oo 5.00
00maIUc \\h OutgoIng 2 1S.7SOD 13.50
Mded Wta AdvIce 14 0.4f500 8.30
I DomestIcWn RepeWve ~ 24 5.7500 138.00
othIr SCinIbc
Stop PaymInI , 5 15.??oo 75.00
I InvetImInt ~
Pud1ue~ a 15.??oo 120.00
SaJ. of kw..mw.t 0 15.??oo 0.00
MItwIy oIlnVe1tmant 7 8..5000 69.50
II Rec:e~ oIlnWnt Payment 2D 5.??oo 100.00
Receipt of PmdpII Payment 0 5.??oo 0.00
procurwnent Card Chwga
I s.. AltIIchId Sc:hocUe
Credit Card Pa)mel1t Cbatgu:
See Abc:htd Sc:hedlM
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City of Cleal'Wllter
RFP for Banking Services RFP Respon.. Form
Monthly Banking CoIta
Monthly
Awreoe
Monthly
Coat
Unit Prteo
other F...:
SerIlceI t.tIIzed W not delettbed WII be
,tseSMd at . mJualy .gree.bItt charge.
sw"p AecoId:
Rat. QIJOtIUon on SWeep Ac:counI
Rile Quocatlon On NIle FWlda NOW AI;d..
Collatlnl SecutlIs PropoMd
Tl*d PaI1y HoIdat
RltMf'YI RIqWrwnenta: (not aueaed on .wMp or NOW)
ChecIl Clufanc8l1n-=
Local CIwdca
In State Checb
0lJ of SIN ChocU
Out of Col.rby Chec:ks
WI-. TI'II1Iferw
ACH IIemI
Efl'ectlvD FF.25bptI
Avg. B4mtU FF-13bpCs
$20,000,000+
Federal ReMfV8
10'A0 non NOWAccl.
P'"- Me eocbIed
.vallblly 8ChedLM
MCtion V
BaNd on Cowtry
InvnedllfIe
Baed on efttc:tIve date tu c:ontidored Invnedi;Ite
.....
01
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2. 121l
1.2C2
1.72.8
17.m
~lla2
2Z1e
.
8IMnu.t
351
8.700
2.121l
1.242
SllllI
1B.C32
~15IQ
2515
i'1~i1se note the abo'/e llem counts haye been revised,to Indic.lle .clual i1ems counts of Individual banks. Costs quoted by
:hese banks should be adjusted accordingmqly to make accurate comparison. Figures obtained from endpoint analysIs
prl!Q.1red on City depolills for the monlh of Apfl11997.
Bamott Al:I:auJ BamIU Accea . Prldng
sa. F..
A.ccotd on sta~ Repoct
Ackf1 Account on stat.~ Report
0etI1 Items stored
ACCOI.Ilt on CWm1t Day Report
Add'I Accooot on CWRnt 01)' Report
CWrent 01)' 0atI11ttmI storad
\\b TransrIr Service MIkltenance
PC v.n DomestIc ~
PC WAlItDmaJ r...".,..
stop Payment Servlco Malrtenaneo
AutDl'nDd stop Payrner(
0.??oo
0.??oo
0.??oo
O.oroo
0.??oo
0.??oo
O.aroo
0.??oo
5.??oo
1.??oo
0.??oo
8.5000
0f3II)(lJ97
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, City of Clearwater
RFP for Banking Services RFP Response Form
Monthly Banking Costs
, Safekeeping Services
Trade Processing
Fed Eligible Book Entry Trades
OTC. PTe, and Physical Security Trades
!)afekeeping
Average Receipts
Disbursals I Interest Payments
Ins/Outs
Pledges
Matured Securities
Statements
, Pay-uplPay-down
Qther
Physical Registration
$75.00
~. ~,:,-'.'.,J'.. ~.\.. . :, ,'.I';'~ "; ., '.' ,';':,:, "!;,~",~,,I.' ,I' ~'.,'~ .....,. \,'. "
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$15.00
$17.00
$5.00
$5.00
$8.50
$8.50
$8.50
$5.00
$8.50
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City of Clearwater
RFP for Banking Services RFP Response Fonn
Monthly Banking Costs
Purchasing Card Pricing
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1. Implementation Fee (one timo) $1,500
2. Standard Information Repoi1ing (paper) No Charge
3. Expanded Information Reporting (paper) $150
4. Desktop Card Management System (OeMS)
A. Installation/Implementation (one time) $1,500
B. Maintenance per Month $125
5. Card Replacement (not 'associated with card wear or expiration) $10
6. Distribution of Cards via Overnight Express Mail $25
7. Programming per hour $75
8. Late Payment Fee $20
9. Over Limit Fee $20
10. Research and Other Documentation No Charge
11. Transaction Copy Charge No Charge
12. Transaction Charge No Charge
13. Cash Advance Fee 3%
14. Minimum Cash Advance Fee $2
15. Annual Card Fee, Based on Average Annualized Purchase Volume per Card,
Tested Annually Using a One Calendar Quarter Sample
A Less than $2,000 $150
B. Equal to or More than $2,000 and Less than $41400 $36
C. . Equal to or More than $4,400 and Less than $5,500 $24
D. Equal to or More than $5,500 and Less than $7,666 $18
E. Equal to or More than $7.666 and Less than $12,500 $12
F. Equal to or More than $12,500 No Charge
If annual purchase volume exceeds $5,000,000 Barnett will provide the City a rebate.
The rebate will be paid each January beginning 1998 and will be based on the
following:
If contractual settlement provides for 25 days grace (the due payment date is 25 days
following the statement date) and no late payments are observed then 20 basis points
of purchase volume is rebated.
If contractual settlement provides for 15 days grace (the due payment date is 15 days
following the statement date) and no late payments are observed then 30 basis points
of purchase volume Is rebated.
If contractual settlement provides for 5 days grace (the due payment date is 5 days
following the statement date) and no late payments are observed then 40 basis points
of purchase volume is rebated.
Other contractual settlement terms and rebates are available.
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City of Clearwater
RFP for Banking Services RFP Response Form
Monthly Banking Costs
Merchant Services
On the basis of the following information provided by City of Clearwater, the following proposal
is for your review. .
Annual Visa/MasterCard Sales Volume
Average Bankcard Sale
Processing Format
All Cards Mag Stripe Read
DISCOUNT RATE:
$904t804
$148.00
Electronic Draft Capture
Yes
1.46% VJaaJMC
TRANSACTION FEE:
$0.10 per Item
$200.00, one time charget Indudes training
$5.00 per month. per location
$15.00 per chargebad:.
$0.15 per Travel & entertainment Card transaction
(American Express and DisCOver)
$0."9 per voice authOftzaUon
$0.29 (Use wtlh PIN pads)
Hypercom In--One T7P(lennfna't printer) & S7CR Pin Pad or
Tranz 380 Terminal. P900 printer & 1000 Pin Pad
PACKAGE PRICING:
PURCHASe PRice 048 MONTH LEAse
MONTHLY RENTAL
SET UP FEE:
PROCESSING FEE:
CHARGEBACK FEE:
AUTHORIZATIONS:
ATMlDESIT:
EQUIPMENT:
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EQUIPMENT
Hypercom IlrOne
T7P. & Pin Pad
Tranz 380 Tennins).
P900 Printer & Pin Pad
$949
$39.95
$49.95
$989
$39.95
$49.95
INDMDUAL EQUIPMENT PRICING
eQUIPMENT PURCHASE PRICE 48 MONTH LEASE MONTHLY RENTAL
Hypercom T7P 10.000 $699 $29.95 $39.95
Hypercom S7CR Pin Pad $324 $17.95 $27.95
Tranz 380 Tennlnal $549 $22.95 $32.95
P900 Printer $399 $19.95 $29.95
Pin Pad 1000 $199 $9.95 $19.95
· Dam.tt wtI coiled 1bI8pptOpftat.lntm:hanot and aaenment fen for Via and MllItefCard tranudIons baNd
on the abmty of NCh tranuc:.tion to meet qudftcdon c:rtt.n. atabftc:1ed by VIall and Mut..canL Int~
and A.IaodatJon Aaaument F... .,.. aubJKt to ~ with noaca baad on Mut..eud and VIaIInl:~
MdIor procea!ng Inc:rMsea cw chc:(euea. Tbb proponIla WIld for nk1ety dara..fter JUIlit I. 1m.
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Clearwater City Commission
Agenda Cover Memorandum
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SUBJECT:
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Contract for Motor Vehicle Parts Support
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RECOMMENDA liON/MOTION:
Award a two-year contract (9/22/97 through 9/21/99), to Anderson Auto Parts, Inc., with an option to
renew for three additional one~year periods upon mutual consent/or the purchase of parts, services, and
hardware supplies for City vehicles and equipment, at a two year estimated cost not to exceed
$1,410,000 which is most responsive and responsible proposal submitted,
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BACKGROUND:
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~ Proposals were solicited on May 30, 1997, to operate an on~site parts facility at the General Services
Complex, Fleet Maintenance Division. RFP 145~97 required the respondents to provide staffing for the parts
operation during all Fleet operating hours; to provide after~hours parts support, as necessary; to provide daily
parts support, services and hardware supplies for the City's approximately 1350 vehicles; and support the
City's hurricane recovery and emergency operations.
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.. Three proposals' were received on July 7, 1997: Anderson Auto Parts, Clearwater, FL; Fleet Products,
Tampa, FI and Tropical, Inc., Clearwater, FI.
~ Proposals were evaluated and rated on professional experience, availability of experienced staff and pricing.
Anderson Auto Parts has a superior level of experience, immediate availability of a qualified staff and can
provide the required services at an estimated $670,000 for the first year. Fleet Products' proposal is estimated
at $747,500 per year. Tropical's proposal was rejected because it did not comply with minimum proposal
requirements.
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~ Anderson Auto Parts has several locations including two stores within five miles of the Fleet Maintenance
facility and a store in Pasco County. Anderson has agreed to purchase the City's parts inventory at 100% of its
current value, and will provide after-hours support and brake servicing equipment at no additional cost.
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Reviewed by:
legal
Budget
Purchasing
Rlsle Mgmt.
IS
ACM
Other
Funding Source:
o C.1pll.1llmproyemenh
[EJ Ope'.1!fnl!i:
o Other:
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Commission Action:
o Approved
o Approved w/Conditlons
o Denied
o Continued to:
Costs:
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$1,410.000.00
Total
$18,000.00
Current Fisc411 Year
Advertised:
Date: June 13 &: 27, 1997
June 6 &: 20,1997
Paper; Warfield', Tampa Bay
Review &: Tampa Tribune.
o Nut Required
Affected Panics:
1m Notified
o Not Required
Attachments:
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Submilled by:
Appropriation Code
S66-06611.550600-519.{100
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City Manager
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~ A comparison of the Anderson Auto Parts bid to an in-house City-operated parts operation revealed that it
would be approximately the same cost to operate an in-house parts operation vs. an out-source operation with
Anderson Auto Parts. However, outsourcing with Anderson Auto Parts provides the following advantages:
~ ~ Immediate access to several major distribution warehouses in Florida.
~ ~ ~emote locations to support maintenance operations in the field, including Pasco County.
~ ~ Savings to the City for inventory costs and obsolete inventory.
~ ~ Salary and personnel benefit savings for employee staffing.
~ .. Training and/or materials for City mechanics.
~, .. Ability to make purchases in a more timely manner. ,
.' .". 'CONTRl\CT AVAILABLE IN 'THE CITY CLE~ DEPARTMENT- V\ow~~('e-
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AGREEMENT
for
PARTS SUPPORT
Tbit agreement is made and entered into on this day of , by
and between the City of Oearwater , Florida (City) and Anderson Auto Parts Co.,
In c.(Con tractor).
WITNESSETH:
WHEREAS the CITY desires to engage the Contractor to provide parts support required
to maintain City owned vehicles/equipment in accordance with Request for Proposal No.
145-97.; and
WHEREAS the Contractor desires to provide such professional services in accordance
with this Agreement; and
WHEREAS the CITY selected the Contractor in accordance with the competitive selection
process described in Section 287.055 of the Florida Statutes. and based on information and
representations given by the Contractor in a proposal dated July 7, 1997 and Anderson
Auto Parts letter dated July 28, 1997.
NOW, THEREFORE. in consideration of the promises and the mutual benefits which will
accrue to the p'arties hereto in carrying out the terms of this Agreement . it is mutually
understood and agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
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The Contractor shall provide all required replacement and repair parts for the City owned
vehicles and equipment under the terms. conditions, and specifications ofRFP No. 145-97,
and as contained herein. All parts win be supplied at the lowest bid prices including all
contractor related costs and profit. There win be no additional costs to the City other than
space and those costs such as utilities as defined herein.
2.0 PARTS SUPPORT AND SERVICES
2.1 Quality of Parts to be furnished: All parts. including new. rebuilt. used , and
reconditioned furnished to the City shall meet or exceed the quality of the parts
furnished on the original piece of equipment (OEM) and upgraded quality that may
have developed over time. Failure to provide items of such quality will be cause for
rejection and/or return of said item. The burden of proof and cost of analysis will be
that of the parts vendor. There will be no re-boxing of parts, Rebuilt or
remanufactured parts shall have been dismantled and reconstructed as
necessary to put the product in sound working condition.
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2.2 The contractor agrees to convey to the City the same warranty against defective parts
he receives from hislhcr supplier. Warranties will be included in the bidders
proposal. Items received from the vendor that are unserviceable or substandard will
be returned to contractor for full credit or for exchange for a serviceable item.
Additional warranties provided by the Contractor will be a positive consideration
upon bid review.
2.3 Items excluded from this contract:
a. Lubricants: Lubricants delivered into City-owned tanks/drums are excluded
from this contract. The paltsvendor shall order all other lubricants from the
specifications provided by the City and shall maintain an adequate stock on hand
for issue as required. The Special Price List (SPL) setvice charge applies to aU
lubricants ordered and issued by the parts vendor.
b. Tires: Tires (including recapped tires) of all types and sizes are excluded from
the contract.
c. Parts purchased by the City under separate repair and maintenance contracts
and blanket purchase orders at attached listing.
d. Parts covered by vehicle manufacturer's warranty.
2.4 Receipt and Storage. The Contractor will be responsible for all incoming
shipments of material to be delivered to the store. The Contractor retains
ownership of all parts and supplies until sold to and received by a City
representative.
2.5 Personnel.: The Contractor will insure that sufficient competent personnel are
available at the store location at all times to provide unintenupted service to Fleet
Maintenance personnel. The Contractor's parts store manager position is
considered a key essential position and must be filled with a highly qualified
individual. Resumes must be provided for all personnel and be included in the
parts vendor's response to the RFP. The City may request replacement of non~
satisfactory employees.
2.6 Contractor Changeover. The City reserves the right to conduct site visits in aU
Contractor operated facilities in conjunction with the solicitation of offers for the
follow~ on contract. In the event the follow.on contract is awarded to other than
the incumbent, the incumbent Contractor will cooperate to the extent required to
pennit an orderly change-over to the successor Contractor at a specified date.
2.7
Contract Progress. The appropriate representatives of the Contractor and the City
will meet monthly to review the contract perfonnance. Perionnance deficiencies
will be discussed and corrective action developed. Failure of the Contractor to
correct deficiencies will result in contract price deductions per the ronowing
schedule.
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CONTRACT DISCREPANCY
DEDUCTION
S ] 00.00 per event
a. Failure to operate the store at required hours.
b. Failure to obtain approval from the Fleet
Administrator or designated representative
to purchase a single part with a unit cost over
S 500.00 or a quantity of any single item that
exceeds $ 7500.00.
c. Failure to forward copies of all previous
days invoices by 9:00 am the following
work day. Time and each invoice are events.
d. Failure to provide correct price discount
on invoices for each line item.
$ 50.00 per event
$ 25.00 per event
$ 25.00 per event
e. Failure to provide parts within prescribed
delivery date/time per contract tenns. $100.00 per event
2.8 Parts Order Limitations. The City will not place or will the Contractor accept
orders under the contract for a single item, the unit cost of which exceeds $ 500.00
or a group of items the cost of which exceeds $7500.00 without prior approval of
the Purchasing Manager or his designated representative.
2.9 The Contractor will not sell parts from the City parts room to City employees or
the public at large for their personal use when in the performance of this contract.
2.10 VaJidation of Contractual Actions. The Contractor agrees that the City shaJl, until
the expiration oCfive (5) years after final payment under this contra~ have the right
to examine on a scheduled or random basis parts vendor records, books,
documents, and other evidence and practices in order to substantiate the validity of
all transactions involving Special Price List (SPL), Non-Price Listed (NPL) and
Price Listed (PL) items. Examination will be performed by representatives of the
Purchasing Office~ Internal Auditor or General Services Department Controller.
2.11 Contract RenewaUExtension. This contract is for a tenn of two (2) years from date
of execution. City may terminate this contract for convenience with thirty (30) days
written notice to Contractor. The Contractor may terminate this contract for
convenience with ninety (90) days written notice to the City. This contract may be
renewed under the same teons and conditions for three (3) additional one (1) year
terms by City by gjving Contractor thirty (30) days written notice prior to
termination of the previous tenn.
2.12 State and Federal Taxes. State Sales Tax exemption number 62-02-134859-54C
and Federal Excise Tax exemption numbers 59-78-0] 05-K apply to aU transactions
covered by this contract.
2.13 Price List Coverage. It is the City's objective that parts requirements be covered by
price lists to the maximum practical extent. Recurring orders from NPL source will
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be cause for considering incorporation of additional price lists. The Contractor will
analyze NPL parts consumption on B monthly basis and forward a copy of the
analysis and recommendations to the Fleet Administrator not later than the fifth
workday of the following month. Bidders shall include in their proposal a copy of
procedures that will be used for the monthly reviews to determine if a NPL item
should be price listed. If analysis of NPL items indicates that an item should be
price listed and the item is not price listed within 15 calendar days, the City will
have the option to secure such price lists, incorporate them into the contract, and
require the Contractor to use them.
2.14 Non-Priced Listed (NPL) Parts. The parts vendor is expected to procure NPL
. parts from the source that meets the City's required delivery date at the least
possible cost. NPL parts are those parts which are not included in any published
price list incorporated in the contract. It is the intent of this contract that the
contractor supply these parts to the City at the net invoice priqe after trade
discount, less that portion of the prompt payment discount offered to the store
~ntractor by the Supplier , exclusive of any markup, profi~ overhead
administrative expenses not provided for in the contract. The City reserves the
right to purchase NFL parts from sources other than this contract when the delivery
date/time does not meet the City's needs and or the unit cost of the item exceeds
S5oo.oo or a group of items exceeds S 7500.00.
a. Sales or transfers of parts between a parent company and/or subsidiaries or
affiliates in which the Contractor (or principals of the vendor) has a financial
int~rest, which increases the price to the City are prohibited.
b. The Contractor must assign an alpha ('..ode to each source of supply for SPL
and NPL parts and enter that code on his invoice. A listing of codes will be
provided the Fleet Administrator and updated as necessary to reflect changes.
2.15 Special Price List (SPL) Parts" It is the City's objective that parts are purchased at
the best possible cost. The CitY-may direct the Contractor to purchase parts from
sources (attachment C) that offer the City discounts and purchasing advantages not
available from the Contractor vendor. Bidders are required to include in their
proposal a service charge schedule/rate for such parts/materials. Handling services
incJude parts research, ordering, receiving, stocking, and documenting issue of
parts.
2.16 Default of Contract. The City may, by written notice to the contractor, tenninate
this contract if the contractor has been found to have failed to comply with the
terms/obligations of this contract in a manner satisfactory to the City and the
Contractor has failed to correct documented discrepancies. The City shall be sole
judge of nonperfonnance.
2.17 Payments. Payments will be made monthly upon receipt of a monthly statement.
Monthly statements will be submitted to Fleet Maintenance with a copy to the City
Finance Department. Bidders are required to submit a sample of their monthly
invoice.
2.18 Daily parts issues. All issues of parts/materials win be recorded on sequentially
numbered invoices. Invoices will indicate if the partes) is (are) price listed (PL),
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special price listed (SPL), or non-price listed (NPL). For SPL and NPL parts, a
local developed code by the City will be used and entered on the invoice indicating
the source of supply. One copy of the invoice will be provided the location
supervisor and the original copy will be forwarded to Fleet Maintenance
Administration not later than 9;00 am daily. Copies of all invoices including
voided or otherwise non-usable invoices will be forwarded to Fleet Maintenance
Administration or designated assistant not later than 9;00 am daily.
2.19 Authorized Issues by the Contractor. The Fleet Administrator wilJ provide a list of
City personnel with authorized to order and receipt for parts. All persons
requesting parts that are not on the list will be referred to the Fleet Administrator or
designated assistant.
2.20 City personnel will provide the Contractor a parts request form that will include the
part description and year, make, model, uG" number of the unit/vehicle, and work
order number. Incomplete request must be returned to the requester for
completion. If and when available and if requested, part numbers/samples will be
provided to assist the Contractor to identify required parts. The Contractor is
100% responsible for providing the correct part. Every effort will be made to break
usole sourcett situations created when a part loses its identity after being
incorporated into the end item by the OEM.
2.21 Stock Level and Consumption Data The Contractor will be required to establish
on-site stock levels based on the vehicle fleet and equipment maintained by the
City.
a. Fast Moving Parts. A stock level ofrast moving parts will be maintained on site
for immediate issue. Bidders must submit a "fast moving parts" plan that
includes detennining stock levels. reorder points, economic order quantities,
seasonal parts support, and just-in-time stocking.
b. All other parts. Contractor is expected to make aU other parts available
according to the following schedule:
1. Parts available within the Clearwater city limits must be delivered within
one hour after receipt of a parts request from Fleet Maintenance personnel.
2. All other parts not available within the City limits and available within the
Pinetlas County and non-incorporated areas must be delivered within two
(2) work hours after receipt of a parts request from Fleet Maintenance
personnel. '
3. Parts available within a 40 miles local trade area, will be provided within
four (4) work hours from date/time a Fleet Maintenance parts request is
submitted to the Contractor.
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4. Delivery dates/times of parts not available within 40 mile shopping area
will be provided not later than an agreed upon and documented expected
delivery date established by the location supervisor and Parts S~ore
Manager.
c. Backordered Parts. The Contractor will provide the requester an estimated
delivery date (BOD) for backordered parts. If the estimated delivery date does
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not meet the needs of the City and the Contractor cannot improve the delivery
date through the use of premium transportation and communications. the City
reserves the right to purchase the part from other sources. Bidders must
include in their proposal a plan to avoid backordered parts conditions, control
back ordered parts and provide Fleet Maintenance up to date status.
2.22. Credits. In the event either warranted parts, or incorrect parts. are supplied and
charged, but later returned for credit_ the Contractor will process a credit invoice.
2.23. ,Corrections and Adjustments. After distribution of invoice documents, prices,
extensions, additions and/or deletions may be corrected and adjusted on the issue
document and all copies providing such corrections and/or adjustments are initialed
by both the Contractor and Fleet Maintenance representative,.
2.24. Location of Store. The contractor operated parts store is located in FJeet
Maintenance, 1900 Grand Avenue, Clearwater, Florida. Should relocation of the
store be required, the Contractor shalJ relocate his personnel and inventory, plus
any equipment furnished by the City for store operation at hislher expense. The
Contractor shall continue to provide uninterrupted service as required by this
contract, relocation notwithstanding.
2.25. City Furnished Facilities. Equipment and UtiJities. The items and/or services listed
below will be furnished to the contractor for use in the operation of the contractor-
operated Parts Store. Any other equipment, supplies. services, etc., required, will
be the responsibility of the Contractor. City furnished items are as follows:
a Free standing, Air conditioned Parts and Office Area.
1. Metal shelves, 7' x 3' x 18'\ 8 sections.
2. Metal shelves, 7' x 3- x 12'\ 13 sections.
3. Metal shel~ S' x 3' x IS".
4. Metal fitting bins, 3 '6" x 3' 12", two (2) ~ins.
S. Parts window and 16' of counter and built in storage space.
6. Fuel and vacuum line display.
7. Gasket display board, 3' x 7' on waJl.
8. SO' afbelt hanging brackets (IS' home made).
b. Office with furniture, 9-7" x 9'5".
1. Four (4) drawer wooden desk, 5' x 3'.
2. Four (4) drawer metal desk, 5- x 30".
3. Two (2) drawer metal filing cabinet
4. Two (2) desk chairs with wheels.
c. Office with furniture, 9'7" x 7-4".
1. Built in computer shelf, 8' x 4- x 24" wide with three (3) drawers and
three (3}'shelves.
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2. Four (4) drawer metal filing cabinet.
3. Two (2) 8' x 12" shelves, above compurer sheJf.
4. Two (2) 4' x 4' pegboard areas above computer shelf.
d. Storage ar~ 15' x 11 't wire cage with stiding door (at rear of parts area).
1. 12' x 30" built in bench.
a. Hydraulic fitting and hose storage under bench.
b. Gates hydraulic hose cutoff saw mounted on bench.
c. Chain cutter mounted on end of bench.,
2. 3' x 3' x 12n battery display shelves, three (3) sections.
3. Metal shelf: 7' x 3' X 12".
4. Hose hanging brackets, six (6) brackets.
e. Utilities (electrical) and toilet facilities.
f. One phone and line (cost of installation and monthly charges ofadditionaJ
phone(s) and line(s) will be that of the Contractor).
g. Parking area for employees and pickup/delivery vehicle(s).
h. Original equipment manufacturers parts catalogues located in each work
location teclmica1library .
2.26 Housekeeping. The Contractor will perfonn normal housekeeping functions and
comply with applicable City and Sate Safety regulations.
2.27 City Liability. The City shafl not be liable for any loss or damage to the
contractor's property, including stock or for expenses incidental to such loss or
damage.
2.28 Security Requirements. The Contractor and his employees will comply with all
the City's security regulations and practices.
2.29 rIfe Prevention and Protection. The Contractor and his employees will comply
witb all City and State Fire regulations. City Fire Departmental may make periodic
routine inspections for regulation and fire safety standards. No chemicals will be
brought into the fleet maintenance facility until Material Safety Data Sheets are
provided to the Fleet Administrator for review and approval. Smoking is prohibited
within Fleet Maintenance facilities.
2.30 Warranty of Supplies. The City wiU be afforded at least the same warranty the
Contractor receives from his supplier. Bidders are required to submit their
warranty policy that includes warranty period with their proposal..
2.31 Pricing of Price Listed Parts. For purposes of this contract, the USuggested List
Pricen less the applicable discount, will be considered as the item price. All price
lists included in the bidder's proposal will be made a part of this contract and filed
, in the parts store for ready reference. Updated, changed, modified price lists must
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be coordinated with the Fleet Administrator and copies of same wiU be forwarded
to the Purchasing officer for incorporation in the City's files. Price lists must be
prepared in accordance with attached instructions and included in the bidder's
proposal.
After Hours Support/Overtime. The Contractor may be required to work overtime
or respond to after hours support requirements. Bidders must submit a proposed
overtime billing schedule with their proposal and a after hours support plan.
Brand NameIRemanuracturedlRebuild Specification: The City reserves the right to
specifY, based on past experience and unique operational requirements, that the
Contractor purchase brand name parts ,andlor use certain rebuilt/remanufactured-
parts which have proven to be superior in tenns of quality, service life, warranty,
etc. The Fleet Administrator shall specifY the above in writing to the Contractor
with a copy to the Purchasing Office. The Contractor shall propose appropriate
pricing to the Purchasing Manager for review and incorporation jnto the contract.
Contractor Inventory System. Bidders must submit a copy of their initial start-up
store inventory and re-stocking plan with their proposal.
Indemnification. Contractor agrees to protect, defend, and indemnify and hold the
City and its Officers, employees and agents hannless against any Josses, penalties,
damages, settlements, costs, charges, fees or other expenses or liabilities of every
character arising out of this Agreement due to any negligent act or omission of the
ContraCtor or its empJoyees arising directly or indirectly out of Contractor's
perfonnance hereof.
Attorneys Fees and Jurisdiction. In the event that either party seeks to enforce this
Agreement through attorneys-at-Jaw, then the parties agree that the prevailing party
shall be entitled to attorneys fees and costs, and that jurisdiction for such an action
shall be in a court of competent jurisdiction in Pinel1as County, Florida.
Existing City Stock oeparts and Materials. The City has accumulated stock in the
parts room. Bidders are required to incorporate these items in their stock. All
bidders must include in their proposal a plan to provide the City credit for these
parts/materials and a price schedule for these items.
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IN WITNESS WHEREOF, the City and Contractor have executed this Agreement on
the date first above written.
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Countersigned :
CITY OF CLEARWATER, FLORIDA
By:
, Rita Garvey
, Mayor-Commissioner
Elizabeth M. Deptula
City Manager
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Approved as to fann:
Attest:
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Cynthia E. Goudeau
City Clerk
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John C. Carassas
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City Attorney
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Anderson Auto Parts Co.t Inc.
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Clearwater City Commission
Agenda Cover Memorandum
~ I /, 110m"
7 Meeting Date: <7. I ~. q 7
SUBJECT:
Purchase of Custodial Services
RECOMMENDA liON/MOTION:
Addition of the Municipal Services Building to the one year contract (8/1/97 - 7/31/98) for custodial
service with Triangle Maintenance Services, St. Petersburg, FL, at an additional cost of $45,340.00,
which will increase the contract total from $65,820.00 to $111,160.00.
1m and that the apPlopriate officials be authorized to execute same.
BACKGROUND:
. Bids were solicited and a contract was awarded to Triangle Maintenance for custodial services at twelve
City facil,ities. The Municipal Services Building was not included.
. The Municipal Services Building was being cleaned by Respect of Florida, a State contract agency, for a
test period of four months.
. The cost for continuing with the State contract agency is estimated to be $20,499.00 more than Triangle
Maintenance for the life of the contract.
. Triangle Maintenance's contract provides for additional facilities to be included during the contract period.
Reviewed by:
lepl
nud&d
PurchiSlns
Rbk MamL
IS
ACM
Other
Costs:
$111,160.00
Toul
$12,751.90
Current Fiscal Vur
Commission Action:
o Approved
o Approved w/Condlllons
o Dtnled
o Continued to;
Submitted by:
~"SRif))
alyM~
o Printed on rfCyded P'PCt
Advutl$td:
D.a~
Papal
CIJ Not Requlmt
Affected Parties:
o NoUfled
o Not Required
Fundlns Source:
o CIpIW I~
180penURJI
o Other.
Attachments.:
Appropriation Code
56$-06531.530300.519-000
o None
I
I
!
'J '. ',"
d'f
FIRST AMENDMENT TO CONTRACT FOR CUSTODIAL SERVICES
This First Amendment to the Contract for Custodial Services (Amendment) Is
made this day of I 1997, by and between the City of
Clearwater, Florida, a municipal corporation, hereinafter designated as "CitY- and
Triangle Maintenance Services, Inc., hereinafter designated as .Contractor".
WHEREAS, City and Contractor on August 1, 1997 entered Into a Contract for
custodial services pursuant to Bid No. 141~97 (Contract); and
WHEREAS, City and Contractor agree to amend that Contract under the terms
and conditions stated herein (Amendment);
NOW, THEREFORE, for the mutual promises contained herein, the parties
agree as follows:
1. Contractor agrees to add the following facility to be, cleaned under the
provisions of the Contract for custodial services:
City of Clearwater Municipal Services Building (MSB)
100 S. Myrtle Avenue, Clearwater FL 33758
68,254 Square feet Estimated
Custodial services requIred five(5) days a week on first three (3) floors
2. The price for the additional services shall be $4,355.81 per month,
prorated for the remaining term of the Contract. City and Contractor agree that the
monthly price specified above shall remain in effect for any extenslon(s) to the Contract.
3.. All other terms and conditions of the Contract shall remain In full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first above written.
Rita Garvey
Mayor~Commlssioner
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Countersigned:
Approved as to fann:
John Carassas, Assistant City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
.
Clearwater City Commission
Agenda Cover Memorandum
b. LA .
~(
~~
"om~
Meeting Oate:
SUBJECT:
Authorize 1 AddJtJonaJ Custodial Worker Position
RECOMMENDATION/MOTION:
Authorize the addition of on Custodial Worker Position for the Building and Maintenance Division of the
General Services Department; this additional position will assume the tasks and duties of the outsourced day
porter service at the Municipal Services BulJdlng and In addition will perform Identical services at City Hall. the
quality of outsourced services was not acceptable.
II and that the appropriate officials be authorized to execute same.
BACKGROUND:
. Custodial services have previously been provided by private contractors. Quality control has been a continuous
problem. The contract forcustedial services at the Municipal Services was canceled on May 19. 1997 for
failure to perform work at satisfactory levels.
. A replacement contractor. for a four month trial period. was obtained through Respect of Florida, a Stato
contract agency. The day porter service was not continued by this contractor. In order to provide more flexibility
and a higher level of quality for this high profile facility an emergency custodial position was filJed to provldo
service to not only the Municipal Services Building but also the newly renovated City Hall.
. The cost for outsourcing a daytime custodial position was estimated to be $16.000 annually which provides
custodial service to one facility. the Municipal Services Building. This estimate Is corroborated by previous bids
and by price quotes from Respect. .
. The projeded cost for staffing this position is $20.246. annual salary and benefits, plus an additional $2.000.
estimated for vehicle and uniform expense. Total projected ~st $22,246.
. For the total projected cost this position will provide daytime custodial service to two facilities, M.S.B. and City
Hall. It will allow greater flexibility and assure the quality control needed to maintain these facilities In the
desired condition.
II Funding will be provided at mid-year with a transfer from 565-08531-530300-519-000, contractual services, to
56>06531-510100-519-000.
RevIewed by: Originating Department: Coste: Commls.lon ActIon:
LepI NlA 22.248.00 [J Approved
BudgGt . GenInI Service. Total C AppcoYGd wICondlUons
Purohaslng N1A UlIOr Department: 1.581.A1 o Denied
R1dc Mgmt. N1A Current R.at Yur o ConUnued to:
as NlA Funding Source:
ACM tl CapftaI
Irnpovement
CXha' AdwrtfMd: NlA II
0s*1Iting:
OMI: 0 0thW: AtUK:hmenta:
PtIptr.
Submitted by: o Not RequIred Appropriation Code
Arfocted Partl..: 6aS~I531~1D100-511~
R Notllled o None
City ~ o Not Requh..d
() PrIntod on rec:yded p.pIII'
,.
,.'..
Clearwater City Commission
'Agenda Cover Memorandum
b..lA. Item':
~r
d- ~ Meeting Date:
SUBJECT:
Purchase of Custodial Services.
RECOMMENDATION/MOTION:
Award a one-year contract (08101/97.. 07/31/97) to Triangle Maintenance Services. 51. Petersburg. FL. for
custodial services at an estimated cost of $65,820.00, which is the lowest, most responsive and responsible
bid submiUed in accordance with bid specifications;
IBI and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Bids were solicited in June, 1997 for custodial services at the following locations: City Hall, General
Services Complex, Fire Station 45 Administration Area, Fire 48 Training Bldg., Fire 49 Trainirl~ Bldg.,
Gas Operations Complex, Gas Sales Office, Graphics Bldg., Public Service Complex, Marshall Street
WPC Bldg., Marina Bldg., and the Sailing Center.
· The recommended bidder had the lowest total price for all building groups. Lower bids were received
on two of the building groups, however, staff did not recommend either of the bidders due to poor
references.
· Those facilities comprise a total of 84,959 square feet for custodial purposes. The City reserves the
right to add or delete square footago to this contract as may be required.
· This contract includes the ability to extend the services far twa (2), one (1) year periods with a price
adjustment not to exceed the consumer price index for all goods and services for the latest twelve
(12) months.
Tho 1996/1997 and 199711998General Services Department operating budget includes sufficient
funding for this contract.
Rovlewod by: OriginatIng Department: Costs: Commission Action:
LeglJ General S.rvlc.. . 65.820.00 [] Approved
BudQOt T Olel C Approv.d w/Cand/tlon.
Purc:hulng User Department: $ 10.970.00 [] Denlod
m.k Mgmt. N/A Varfoua Current F18cal Year [] Continued to:
IS N/A Funding Sourco:
ACM o Caphaf
Impnlvemant:
Other M IlIintI Adv.rtIa.d: III
Opllllldng:
06130/97 & 06/08197 [] Attachments:
. 0tMr.
Warfield", Tampa Bay Review Ii
Temp. TrlbUM .
SubmItted by: C Not R.qu1led ' Appropriation Code
Affocted Partl..: 666-06531-630300.619-000
[J Notified C NOM
Ctty ManeD" [J Not Requlrd
o Printed on w.cycled pap.r
'..
-
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..
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.
953
Clearwater City Commission
Agenda Cover Memorandum
~5 Ilem#:
Meeting Date:
;'18,17
SUBJECT:
Purchase of a One Ton High Cube Van with TV Inspection System
RECOMMEN DATION/MOTION:
Award a contract to Cues, Orlando, Florida in the amount of $90,400.00 ($101,400 less $11,000 trade)
for the purchase of a 1997 One Ton High Cube Van equipped with a TV Inspection System for sewer and
pipe lines; the total cost of this purchase not to exceed $90,400.00; funding to be provided under the
City's master lease purchase agreement in the amount of $75,400 and Public Service/s operating budget
in the amount of $15,000;
lEI and tl1atthe appropriate ofOdals be authorized to execute same.
BACKGROUND:
.. Fleet Maintenance was asked to obtain bids for a unit to replace vehicle G391 equipped with a TV
Inspection System. Vehicle G391 is a 1981 GMC Vandura that was purchased as a system (Vehicle
with TV System) for $51,721.16 in May 1981. This unit is not on the FY 96/97 Replacement List.
.. Bids were solicited from nine vendors and two were received. The specifications in the bid asked the
bidders to include in their quotations a trade in allowance for the 1981 GMC System. The low bidder
has bid a trade in allowance of $11,000.00 for the 1981 System.
.. The bids have been coordinated with Public Services. Fleet Maintenance and Public Services agree that
the bid submitted by Cues meets the specifications and the needs of the City of Clearwater.
.. Unit G391 is being replaced primarily because the TV system is outdated and there is no way to enter
data on tape to show whether the system has failed or not and there is not sufficient room in the cab for
all required equipment to perform tasks. In addition, although the truck has only accumulated 27,793
miles, the unit is developing rust; the suspension system is weakening due to weight of the TV System
equipment and age of the unit.
..
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
NJA
...;;
Originating Department:
JdtI;:'n~
User Department:
P Itc Servi,ces
COlstS:
N/A
$90,400.00
Total
$15,000.00
Current Fiscal Year
Commission Action:
[:&J ~pproved
o Approved w/ConditlDns
o Denied
o ConUnued to:
)ubmltted b :
Advertised:
Date: 05/30/97 & 06106197
Paper: T8 Review & Trlb.
Cl Not Required
Afrecled Parties:
mdlng Source:
[:&J I ~pll<11 hnprovrmrnl:
Cl Oprr<111nll=
o Olhrr:
Attachments:
Bid Tabulation Summary
Appropriation Code
4211.(J1346-591 000-50 1-000
315,)-94227-S64100-519.{}OO
:ity Mall.1ger
IJ Notified
tl Not Required
o None
" f'rlnted on recycled ~per
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~ 0 Funding for the unit in the amount of $15,000 is available in expense code 421-01346-591 000-581~
000, Public Services/Sanitary Sewers. There will be no lease payment in fiscal year 1996/97. Debt service
for fiscal year 1997/98 will be paid by Fleet Maintenance. A Mid Year budget amendment will increase
principal (566-06612-571300-582-000) by $10,040 and interest (566-06612-572300-519~000) by
$2,980. These increases will be funded by the increase in garage services charges for this vehicle.
Subsequent years debt payments will be included in the Fleet Maintenance operating budget. A Mid
, Year budget amendment will transfer operating savings of Public Services/Sanitary Sewers to 421-
I 01346-540100-535-000 to fund the additional Garage charges.
".' '
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Clearwater CIty Commission
Agenda Cover Memorandum
~ (p Item~: . ... .
Meeting Date: '$it:tl',
SUBJECT: lONG-TERM DISABILITY INSURANCE FOR EMPLOYEES NOT COVERED BY THE CITY
OF CLEARWATER'S PENSION FUND
RECOMMENDA TION/MOTION:
Renew the contract with Provident life and Accident Insurance Company, Chattanooga, Tennessee, for
long-term disability (L TO) insurance for employees not covered by the City of Clearwater's Pension Plan
for the contract period of 11/1/97 through 10/31/99 at an estimated total cost of $61,968.00
IE and that the appropriate officials be authorized to execute same.
BACKGROUND:
City of Clearwater employees who are covered by the City of Clearwater Pension Fund are eligible to
receive disability benefits under the Pension Plan. To offer a similar benefit to employees not covered by
the City of Clearwater Pension Plan, the City began providing l TO insurance to these employees in
'1987. The City's L TO insurance offers income protection to covered employees by paying 60% of
his/her salary up to $5,000.00 per month, whichever is the lesser amount. As of August, 1997, there are
105 employees covered by LTD insurance. The LTD insurance is a 100% City-paid benefit. In
accordance with Internal Revenue Service (IRS) regulations, L TD insurance is a taxable benefit to covered
employees.
In June, 1996 the City of Clearwater issued a Request for Proposal (RFP) for l TO insurance prepared by
Tom Richarme of Wittner & Company. The RFP stated that the City desired a minimum two-year
guarantee and preferred a three-year guarantee. Proposals were reviewed from six carriers. Provident at
.68 per $100 of monthly insured earnings provided a 3~year rate guarantee at the lowest price.
On October 3, 1996, the City Commission approved the recommendation to award the contract to
Provident for the contract period November 1, 1996 through October 31, 1997.
The fiscal year 1997/98 employee insurance budget code includes funding for this contract and funding
will be requested in the 1998/99 employee insurance budget code.
Originating Department:
Human Resourc
~
Cosu:
Reviewed by:
~.~ NA
Budget
Purchasing
Risk Mgmt.
IS NA
ACM
Other NA
approximately
$61 968.00
Total
Commission Action:
o Approved
User Department:
various
Current Fiscal Year
o Approved w/Condillons
o Denied
o Continued to:
Submitted by:
Advertised:
Date: NA
Paper: NA
X Not Required
Affected Parties:
o Notlrled
X Not Requlrt!d
Funding Source:
CJ <:.pU,tllmprovemenb
X Oper.1llnlll
o Olhul
Attachments:
Appropriation Code
59~700~54570~S19~OO
X None
City Manager
o Printed on recyded'po1per
_ ____________________--.-J
~
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Clearwater City Commission
Agenda Cover Memorandum
?-1
Item #:
Meeting Dale:
:1.rifl!l.
SUBJECT:
Anderson Bay Cruises, Inc. License Agreement
RECOMMENDATION/MOTION:
Approve the License Agreement with Anderson Bay Cruises, Inc., (rom October 1, 1997 to September 30, 2002,
l!l and that the appropriale officials be authorized to execute same.
BACKGROUND:
. The original License Agreement with Anderson Bay Cruises, Inc. was issued on October 1,1982 for a nine
month per year operation and included the option to renew the license each year for an additional nine (9)
years.
It The current License Agreement was issued on October 1, 1992, and will expire on September 30, 1997.
. The vessel" Admiral" was renovated and renamed the "Starlight Majesty" in 1996.
. Under the terms of the License Agreement, the licensee will pay $ 13,341.60 for the first year at the rate of
$ 1,119.30 per month, plus taxes and electric. This slip rent is calculated on the same rate as other
commercial tenants in the Marina.
. The slip rent for Anderson Bay Cruises, Inc., will be increased at the same percentage as other marina
commercial tenants on the anniversary date of each year thereafter of the license.
AGREEMENT IS AVAILABLE IN THE CITY CLERK DEPARTNENT - V\OLJ her€...
Reviewed by:
J' Lepl
Budget
!
Purchasing
Risk Mgml.
IS
....CM
Other
Originating Depart~~.i~/;1
, M.lrlne (lJ'Wt
Costs:
N/A
N/A
User Department:
Marine
NfA
Total
N/A
Current Fiscal Year
Commission Action:
o Approved
o Approved w/Condltlon5
o Denied
o Continued to:
N/A
N/A
Advertised:
Date:
Paper:
Funding Source:
o Co1.pu.ai ImprovcmMtl
o Opu.atlnB:
o Other:
Attachments:
Clly Maniller
'0 Printed on recycled ~per
lBl Nol Required
Affected Parties:
IJ Notified
[B) Not Required
Appropriation Code
Submitted by:
o None
~
.'
.", } ..f.'.". . "~I
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, is entered as of the Jq!! day of .Au~~.. r, 1997, by
and between the CITY OF CLEAR WATER, FLORIDA, a Florida municipality, hereinafter
referred to as "Licensor", and ANDERSON BAY CRUISES, INC., a Florida corporation,
hereinafter referred to as "Licensee."
WITNESSETH:
WHEREAS, the Licensee has requested a license agreement with the City to dock a
100 foot dinner cruise vessel at the Clearwater Municipal Marina (herein, the cCMarina"), and
the City is willing to enter into a license agreement with the Licensee in accordance with the
terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, it is mutually agreed as follows:
1. The City hereby grants to the Licensee a license, right and privilege to dock and
moor the vessel "Starlight Majesty" at slip number 152 at the Marina. The vessel "Starlight
Majesty" is described and identified more particularly as follows:
Vessel Registration No. 641630
Overall Hull Length. 100 feet
Hull Beam - 32 feet
3 Decks (2 enclosed)
Steel Hull
2. The right and privilege to dock and moor granted by this license shall be
nonexclusive in character. The right of mooring and docking herein conferred shall include
the right to embark and disembark passengers, guests and visitors to the vessel; the right to
come in and go out from the pier when conducting excursions in the Clearwater area; and the
right to receive guests, visitors and the general public while docked.
3. The License herein granted shall be for a term of five (5) years commencing on
October I, 1997.
4. The Licensee shall pay a slip rental in the amount of $lt119.30 per month, due and
payable on the first of each month, plus taxes and electric charges. The Licensee.s slip rental
shall increase at the same percentage as other marina commercial tenants on the anniversary
date each year.
Anderson Bay Crurle. LIcense Agreement
Pago 1
1.~:;:',{,f;,J~~'/iI'.l.>:<; ,,';<\ .".~."..n
..
"
5. The Licensee shall at all times during the term thereof comply with the conditions
of the standard commercial docking permit of the City, a copy of which is attached hereto as
Exhibit A. To the extent that the terms of the standard commercial docking permit may be
inconsistent with the terms of this agreement, the terms of this agreement shaH control.
6. Licensee further convenants and agrees not to assign, mortgage, pledge,
hypothecate or sublet this License or any of its right herein in whole or in part without the
prior written permission of the Licensor.
, 7. The Licensee shall at all times defend, indemnify, protect and save harmless the
City and its officers, agents and employees from any and all claims and liability, including
expenses incurred in defending against any claim and liability of death of or injury to persons
or damage to property, including the slip, that may in whole or in part arise from or be caused
directly or indirectly by any operation conducted upon or any use or occupation of the slip by
the Licensee pursuant to the provisions of this agreement, or by any act, omission or
negligence of the Licensee, or by any faiJure of the Licensee to comply with any of the terms
or conditions of this License or any applicable federal, state or municipal Jaw, ordinance or
regulation, excluding the negligence of the City or its officers, agents or employees. As used
herein, "Licensee" includes any of its agents, officers, employees, licensees, permittees, or
invitees.
The Licensee shall acquire and continuously maintain a policy or policies of insurance
with the following coverage and limits, in which the City shall be named as an additional
insured: Comprehensive general liability insurance to include premises/operations liability,
contractual liability) independent contractor liability and products/completed operations
liability in an amount not less than $1,000,000 combined single limit bodily injury liability,
personal injJ.1rY liability and property damage liability. A copy of such policy or policies shall
,be provided to the City.
8. The License herein granted may be canceled for just cause by e~ther party upon
providing sixty (60) days notice of termination to the other.
9. The Licensee shall not have the right to erect or place any structure or other
appurtenance within the area of the slip which is the subject of this agreement without the
express 'permission of the City. Licensee acknowledges that the Licensor, at it's option, may
alter) modify or remove the existing structure on the west end of the slip for any public
Andoraon Bay Crul.es Llconso Agroemont
Page 2
, ....
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purpose without the consent of the Licensee.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to
be executed on the day and year first above written.
, Countersigned:
City of Clearwater. Florida
By:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
??~e
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
A TrEST: '
ANDERSON BAY CRUISES, INC.
~~ &/~ ~~~
Secretary
6l&A. Ik-4.M-
President
'.
I
'l
Anderson Say Crura.. LIcon... Agreemont
Page 3 ,
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.. ',. --,....,.........,...~ ~..' .1,_,... _.. . ._...
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City of Clearwater Marine Department
25 Causeway Boulevard. Clearwater, Florida 33767
Telephone (813)462-6954 Fax (813) 462.6957
Facility: CI,;?c....~J.-.r A.... ........ Slip # /07-
Dock Box $ Beginning 0.:.+, J /997
Reg/DaeH . bl! 16:30 Declared Value $
Overall Hull length FT./ou IN. Hull Beam FT. J 2- IN.
Owner Name J}nJ~/p^ D,y C"'f;.r')lt!j, ::t:,t...
Address .'f?o B:.>~ J 3 1.r c./~t-l'''';;'* f11 JJjtl Phone H
1. Owners Agent/Operator pI" '/ J4t. /k"...,k<'J"'-"
;J :J'7 i'6
Address 2/7 3 LCt,"~t.. f),... ;;tlle~.... IJ, t... r't Phone H ~3"S'1.ry
2. Owners Agent/Operator
Address Phone H
u.s. CoaSt Guard License # Expiration Date
Manufacturers Name Ltt.. P.t":! C ;,.11- Model Year /9 II
Manufacturers Serial II Fuel (Gas)
Hull Material Wood Aluminum Steel ~
Propulsion Inboard ~Outboard Inboard/Outboard
Type of commercial operation [)/il.l\ "..... {'/J.o"~-P. / j, J ll-.J<'t't ~
Normal days and hours of operation -t::;~J "11,/",111. .r,..,..vIt'l 1.2 :.n ,..,0........ - IO.J'o 1'........
The Utzdersigned hereby makes application for a docking permit and for the above designated berthing
accommodations fOr the vessel named herein. By his signature below, the applicant acknowledges having read,
understood and agrees to abide by all conditions of this penn it as printed hereon and by the Rules and Regulations
governing OCCltpancy of the space and use of the facility. By signatllre of its authorized official, the City of
Clearwater-approves the iSSJlance of this docking permit ~ubject to the tenns and conditions referred to below.
COMMERCIAL DOCKING PERMIT
t
MonthJy$ 11/9; 3D
J
Vessel Name cSfc,r I,'.J-~
~'~J~
Draft 6 /
Res.
NonRes. L,....-
Wir't2-:J6, P
W #'l- -2.62.3
w
(Diesel) ~
Fiberglas
Sail
CONDITIONS
1. This permit is non-transferable and applies only to the above named vessel, owner and! or operator,
facility and space. The City reserves the right to discontinue furnishing these ac.commodations. that is. to
cancel this permit and change the rental rate for space by giving or mailing notice in writing to the owner
or operator at either of the 'above addresses (Code of Ordinances Sec. 33.027 and Sec. 33.028).
2. For the initial period of occupancy. rental is payable three months in advance. Rental for any subsequent
period is payable monthly in advance. No refunds will be made for any unused prepaid period. (Code of
Ordinances Sec. 33.028 and Sec. 33.029)
'3. Commercial vessels are not permitted to carry more passengers than approved by a United States Coast
Guard license and all commercial vessel operators must be licensed by the U.S.C.G. and comply with the
rules and regulations published by them. () \J~ f
Revised 4/1/97 Commercial Docking Permit 1371-16 Exhibi t A Page 1
-
..
)'
.'
4. SALE OF COMMERCIAL VESSEL(S) NAMED IN DOCKING PERMIl: The foHowing policies and
procedures arc, by reference. made a part of the docking permit for all commercial vessels berthed at the
Clearwater Municipal Marina and other city owned facilities authorized for commercial vessels:
a) Should the holder of a commercial docking permit decide to sell the vessel named in this
application, the permit holder shall advise the Harbormaster in writing of his/her intent
to sell said vessel prior to consummation of the sale. The permit holder shall further
advise as to his/her intent to either retain the slip for another vessel to be acquired by the
permit holder or to relinquish his claim to further use of the slip at the time of sale.
b) If the seller elects to relinquish the slip. the purchaser will. upo~ approval of a docking
permit application and payment of dockage fees. be issued a commercial docking permit
for the slip in question.
c) If the seller elects to retain the slip for another vessel. he will have ninety (90) days from
the date of sale to acquire a replacement vessel, titled in his name, and place it in the slip.
The seller may request in writing an extension of the ninety (90) day period, not to exceed
180 days. Should he fail to comply, his docking permit will be revoked and the slip will
be assigned to another person on the waiting list. During this period, the city will have
the right to use the slip for transient dockage and the holder of the docking permit may
not permit any other vessel not personally owned by him to be placed in the slip.
d) When the seUer electS to retain the slip, the purchaser will have not more than four (4)
weeks following the sale to remove the vessel from the slip. The purchaser will be charged
the daily transient rate for any period the vessel is docked at the marina in excess of the
four week period.
e) All new commercial tenantsJ prior to signing a new docking permit. will meet with the
Harbormaster for an explanation of marina rules. The new commercial tenant will be
asked to provide at least three personal references. In the event unsatisfactory references
are received on a prospective commercial tenant. the docking permit will not be
transferred or approved.
f) The new owner of a commercial business at the Marina will be required to maintain the
same type operation and the same vessel for a one year period. After one year, a change of
operation or vessel can be requested. If during the one year period, the new owner fails to
follow the conditions of this paragraph, the commercial docking permit will be canceled.
5. Living aboard commercial vessels is prohibited unless authorized by the Harbormaster or his assistant.
Subleasing of space or permining any vessel not named in this permit to use the space named herein is
not permitted. Any other vessel mooring within this space may do so only with the prior written
permission of the Harbormaster, who will charge the daily transient rate currently in effect. Any owner
expecting to vacate his slip for any period in excess of seven (7) consecutive days shall notify the
Harbormaster in advance.
6. Moving to different locations or transferring vessels between spaces within the facility may be effected
only with prior written permission of the Harbormaster.
7. The City shall have a lien against the vessel named herein and ies appurtenances for unpaid sums due for
Revised 4/1/97
Commercial DOCking Permit 1371-16
Page 2
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rental of space or other serviccs, or from damages caused to docks or other city owned property by their
vessel.
8. Vessels shall be kept in a seaworthy condition, and shaH create neither fire hazard, eyesore, or sinking
hazard. If a vessel is observed in an unsafe condition. the owner(s) wiJl be directed by the Harbormaster
(0 remove the vessel from the Marina. Owner(s) agree to remove the vessel upon notification by the city
of an unsafe condition{s) or to be held responsible for a)] and any damage caused by the vessel to Marina
docks, pilings and structures. The owner shall keep the vessel properly moored and dry within at all
times. Routine maintenance and minor repair necessary for the preservation and seaworthiness of the
vessel such as mechanical adjustment, minor painting) leak seals and rot prevention may be performed
within the marina. Such repairs are generally considered to be those which:
a) Do not disturb the public peace and tranquillity of any person aboard any vessel within
the jurisdictionof the marina.
b) Do not contribute to a disorderly or unsightly appearance during the process of repair or
maintenance.
c) Are capable of accomplishment with hand tools or certain portable power tools normally
carried aboard the vessel.
cl) Are confined [0 the vessel.
e) Do not pollute or put wastes in marina waters.
9. AU vessels underway within the marina basin shall be operated at idle speed.
10. No commercial operation shall interfere with the public's use of the marina area or infringe upon the
normal operation of any other persons who are authorized to conduct business within the marina. A
determination by the Harbormaster will be accepted as final in evaluating and limiting activities which
may infringe upon the rights of others. Disorderly conduct which includes threats to harm people or
property of any other tenant, marina employee or member of the public by a tenant, his employees or
visitors will be subject to immediate removal from the marina. Also, public intoxication, profanity or
, abusive language directed at anyone will not be tolerated.
11. Vessel owners hereby authorize the City to board their vessel to make adjustments to mooring lines or to
move the above described vessel, as may be required in an emergency situation, or to avoid loss or
damage to city owned facilities. The City shall be held harmless by the owner of any liabilities
whatsoever or for any damage occasioned thereby.
12. AU commercial vessels shall display a sign which shall give the name of the vessel) owner, captain and
type of operation. The sign size will be regulated by the Harbormaster and be in compliance with the
city sign ordinance. Small portable signs may be placed on the dock or seawall when the vessel is
underway. In port the owner/captain must keep the portable sign on board the vessel. Also, unless
specifically modified and approved by the Harbormaster, the commercial operation shall not conduct
business other than that specified in the docking permit. Upon returning to the marina~ the operator
may display and dress fish as a service to patrons. These services shall be conducted in a manner as
determined most suitable by the Harbormas[er.
13. Distribution of advertising materials, solicitation of any kind, or sale of tickets for any vessel carrying
passengers for hire is prohibited upon the dockst sidewalkst seawall, parking lots or other public places.
Revised 4/1/97
o\J-e~
Page 3
CommercIal Docking Permit 1371.16
..... _L1~ __-II~.......
A . I!ilJ~J~i ' _
Passage tickets sold on the docks shall be sold only at established booths or at the vessel. An operator
may not have more booths than vessels operating. It shall be the duty of the owners/operators to keep
such booths and all adjacent areas dean and free of all encumbrances. No booth may be'movcd or
relocated without written permission of the Harbormaster.
14. Swimming, diving, fishing and cast netting is prohibited from marina docks and seawalls.
15. No refuse shall be thrown overboard at the marina. Garbage and trash shall be deposited in containers
provided for that purpose. Oil spills shall be reported immediately to the Harbormaster's office. Vessel
owner shall not store supplies, materials or accessories upon, nor make any changes, alterations or
additions to docks, catwalks, seawalls or other public property without prior wrinen permission from
the Harbormaster.
C'I" WASTE OIL - AU waste oil must be placed in the waste oil tank which is located in the
marine service shop area. Waste oil must not be placed in garbage cans, pails or liners or
dumped into marina waters. Sewage pump-out facilities are available at the fuel dock. This
service is available to all permit holders at no charge.
16. The foHowing documents or certified copies must be on file with docking permit:
a) Current business occupational license from the city and county.
b) U.S. Coast Guard Inspection Certificate, issued within the last year (Inspected vessel only)
c) Valid and current Captain's license issued by the U.S.C.G. for each operator of above described
vessel.
d) Proof of applicant's ownership of the vessel.
e) A map showing proposed routes over which the applicant desires to operate, length of the trip
(miles), time schedules and days of operation (applicable to dinner cruise and sightseeing vessels only).
17. Water shall not to be wasted. Water siphons are not permitted except in emergency. Additional charges
will be 'added to the slip rent of any tenant using abnormal amounts of water. All electric charges will be
paid by the commercial.slip tenant.
18. This facility is to be used at the sole risk of the owner of said vessel, and City shaH not be liable or
responsible for the care or protection of the vessel, including gear, equipment and contents, or for any
loss of damage or whatever kind of nature to said vessel, howsoever occasioned. There is no guarantee or
warranty of any kind as to the condition of the piers, catwalks, ramps, or mooring gear, nor shall the
~ity be responsible for injuries to persons or property occurring thereon or for any reason whether
herein specifically stated or not. Owner agrees to hold the City harmless and indemnify it of alllosst
damage or liability or any kind claimed by reason of any act or failure to act on the part of the owner, his
agents, employees, or guests in the use of mooring space for the vessel.
19. Each commercial vessel owner at this Marina will provide a Hurricane Plan to the Harbormaster. The
Hurricane Plan should be a detailed list of action on what you will do with your vessel in the event of a
hurricane. It is strongly recommended that the owner move the vessel from the Marina and anchor it in
a hurricane hole or other safe location. If the owner plans on leaving the vessel at the Marina dock,
he/she must include a drawing on Exhibit I, showing how the vessel will be secured. The Marina will
require all mooring lines to be at least doubled and that the owners secure all loose items and that a
number of fenders be placed on the vessel to protect it and the city dock(s). Prior to the arrival of the
storm, the city wiH video tape the condition of the docks and ve5~cls. In the ICvent the persons identified
in Exhibit 1 cannot be contacted, Marina personnel will secure the vessel(s) as best they can to protect
city, docks. The Hurricane Plan must be included as Exhibit 1 of the Docking Permit. Under current
Jaw, the boat owner hns the right to leave his/her vessel at the Marina during a hurricane. The boat
Revised 4/1/97
CommercIal DockIng Permit 1371-16
Page 4
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owner has a general obligation to keep his/her vessel in a secure condition at the dock and to not do
harm to the dock or other boats. The standards of care are those of a reasonably prudent vessel owner.
20. No outside labor craftsmen may work on any vessel in the marina, without first obtaining permission
from the Harhormaster's office. Work may be allowed on a vessel if it causes no public nuisance to other
marina tenants. Such work may be performed between the hours of 8 a.m. and 5 p.m. The dty may not
be held liable for any damages or negligence from outside labor working on vessels within the marina
21. Should breach of the conditions of this permit occur, the rights herein conferred shall terminate
immediately and the City may remove the vessel from the mooring space. The owner shall pay any cost
incident thereto, and any un-expired rental shall be forfeited.
22. Waiver of any conditions by the City shall not be deemed to be a continuing waiver.
23. This permit shall not be construed as granting any property interest in the slip or facility, but shall be
, deemed a license agreement subject to all of the terms contained herein and the applicable ordinances of
the city. ' .
24. This permit, when fully exe~ted will replace any docking permit previously issued to the vessel/owner.
~/L~.
, plicant ' , '
2/~/4~
~- Harbormaster
Date
~V~~
Revised 4/1/97
Commerclall?ocklng Permit 1371.16
Page 5
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EXHIBIT I
HURRICANE PLAN FOR VESSEL
1. Name of Person responsible
Address '.
2. Name of Alternate Person
Address
DATE
Phone
Phone
The marin~ office will contact the person responsible for the Hurricane Plan or alternate when a Hurricane
Watch is declared for the Clearwater Area. It is the responsibility of the owner of the vessel or alternate to
make arrangements to" either secure the vessel in the slip for the storm or to move it) as indicated in question
3 below.
3." Do you intend to leave your vessel in the slip at Clearwater Marina during a hurricane?
Yes No (Check one)
4. If the answer to question 3 is no, please indicate where you will take the vessel or anchor it:
,
5. If the answer to question 3 is YES, please indicate in the space below exactly how you will secure the
vessel in the slip, showing the size and amounts of mooring lines. amount and size offenders and any
other information you feel is necessary: (A drawing of the vessel and slip will satisfy this requirement)
'.' .
6. It- is the" responsibility of the vessel owner and holder of the docking permit to insure that the Hurricane
"Plan ~or their vessel is kept up to date and current with the City of Clearwater. upon signing the docking
permit.
Applicant
Date
Harbormaster
Date
Revised 411/97
Commercial Docking Permit 1371~16
Page 6
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Clearwater City Oommlsslon
Agenda Cover Memorandum
Item If:
'~~
7'1~'~?
Meeting Dale:
SUBJECT:
Extend existing contract amount to purchase quicklime for Water Pollution Control Division.
RECOMMENDATION/MOTION:
I, Increase the existing contract with Dravo Lime Company, Saginaw, Alabama, by an estimated
$442,080 for a total estimated contract of $884,160.
I!I and that the appropriate officials be authorized 10 execute same.
BACKGROUND:
· Quicklime is used at the City's biosolids handling facility to process the sludge generated by the Cityls
three Advanced Wastewater Treatment Facilities.
· Original estimates for the 3-year contract were based on less than one year of actual full time operation. A
conservative estimate has resulted in the need to increase the dollar value of the lime contract.
· . A second factor is an increase in organic loading at the three treatment plants. The increased organic
loading has produced a corresponding increase in the quantity of sludge that must be processed, thus
requiring an increased amount of lime.
· The vendor has provided a letter agreeing to hold the original price until the end of the contract (2-14-99).
Rovlewed by:
Costs: Est. $442.080
Commission Action
Legal NA
Budget ~
Purchasing. ~
Risk Mgmt. NA
(Current FYI $10.000
Approved
User Dept.
Funding Source:
Approved
w/conditions
ENG I WPC
Capt. Imp.
Denied
Advertlsod:
Operating X
Cont'd to
IS
NA
Date: 1 0.22-95 & 1 0.29-95
Other
ACM
Paper: Tampa Tribune, Pinel/as
County Review
Not required:
ENG.
OTHER
Affected parties
notified
Appropriation Cadets)
Attachments:
X
421.()1351.650400.535.000 vendor letter
City Manager
Not Required
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August 4, 1997
"'1._
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Mr.. Joe Reckenwald
Superintendent
The City ofCleanvater
P.O. Box 4748
. Clearwater, FL 34618.4748
".
. RE: CONTRACf P.O. #I 6990000010292-000 MULTI-YEAR CONTRAcr
. .:.' , : mGH CALCIUM QWCKLIME ' . .'~ . 'Ii, ..' "\'_.;'!.I~I"'!'~';~'Ji~"i:.'lfi~I~"'t;,,,.:.,;..~l'~"",.. ....
'~".. .:.....':..,... . ".' " , h~ . .....,..:'; ~~tJ!.r~~:.......t/~'..:~1~ 'Ji. h .jI~-i. J..~...;,:.~~....l~'.':.'../"~ u..~'~;~~. ...'
. .',..:.,'" . , ',.," ...,'..,:~:..L'.",~:- ..I!'. '.,;'.., .,'7 "'''.~n~ :',-' ...,?.'- ~'J'"" Jt"f.." iP,.ll:::@',~ft1. .,t~,i"~"i~.t~~~.r..V.~'~,r; '... ..
. . < "/:':/.- ~ ":~.'.".~:'r.!~~:. ~':...'t~:~1"~:'<J~~~'~'''''1~~~.~'''1;;'f.~r.tJ~~'.:\~I,';:,(''I:'fft:.~~~w:::"':~":..~.
Dear Ioc' . ..w'il' ...' ,;-!o,'.~, .>..,I,8)~;J~"'ft"~.~,,-::,.~tl')""I'\;.,'-;~l'~",,.?~,,~':h"'"
I : ~. :~. . ( . '::> ~rr;: ~. ~". . "~.:; ;:.~':';*~.f~;~;~?~ 1:~.:f~~~,{::rl.~~.(::~,;:;}?~~.~:',~~~;~..;~::~::I(:~},::
"?" ..'...'" '. '. .,\~,'.Ih " ... .t'~'.".f,,,.v.:"'f\.,:r,'J..-t~(J""~lr.~l"".'~f-:.:&i.f.V;,"t~'~' .'-.....
. ~ ~". .' ;t' ..1../~' . ,. . ~ . "1~ ~ fJ'", l;:pP-i,~:~ :f1;"*~"~l.~~!:~~~~~ ,\.t':~~ ~!tl~l~ ....: .,
. . Continning ph.one conversation with our Iack.Thompson~ tB.~~~.,bim~..qomp~~'. ..:~ .....}):.;".
Will honor the above listed contract purchase order through February 14, 1999, at the .:}~.', ;.;. '. :~:; .
· d d' . b'd J 9 1 b'd mb . 96". 'FT '.'; , ~ .,. '~:!'lf~ "'1 " '::\"
snmepncesan con ItlonS85 I on anuary , 996, 1 nu ~,S.~:-:, .....::..::.:;.c... ,..'i/~.-:'...o:~:;,::~~;-..,.
. " , '" ':;:r..~~-;t,t(.ltl?"'';:~'':';'J:'';:. '." '..~/'<<I,,'...l ',;j;.,.~.:,.: ~;~ .
.. . " . . .,., ,l.Ll i.'l\~~,.-r- ,,'.. '....' . \. ,:,;,"~'\" f ". '..,'. '.. .'w
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All at Dravo Lime Company join me in saying thanks for.tf1e'busuleSS you have "..~:: .:,'.'.\r;'.
favored us. and we look forward to serving your lime needs ,in the 'Coming year. ',. "(;r:~;..' ..J:J:.. b~:; ~ \,
. ~ ," "J~rt .:"'t~~cl~~""1'.1\"'/ .~ ~""~.' ....,,:. +:,~..'~. .~ /'.1.- .1J.....'..,.t.,... .
~: : t. . .': ...~~i.~~.~.~~~..,....;...~.:u::"It!:t.\-.~:>., .'~?I::. ~ ~:t.' J:~;.~~~"~"
, If you have any questions, or if I may be orany further aSsiStaOce,'j,lease give me 'a . t :".~:.;:;;
call at'(BOO) 633-4889. ·
Respectfully,
;fa .d.?~
Lany 7" Ezelle
Director of Sales
LDElcm
LOIfOVlaw CIVIIION
P. O. Box 37
Saginaw, AL35137
Phone: 205.664.2456
FAX: . 205.664.7138
. WATTS: 1.800.633.4889
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Clearwater City Commission
Agenda Cover Memorandum
~ 9 if::~f:m[~;!i~]!:':::/~;~:Ii;:imr~::{:;l
Item II. ;.... ...n.....' .n.on. .. . .,
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Meeting Date: r:>;'::.~"::..:,,....::;,':-:::'. .:~;,
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SUBJECT:
Resolution 97-54 Sale of Gas System Revenue Bonds 1997 A and 1994B
RECOMMENDATION/MOTION:
Adopt Resolution 97-54 providing for the sale of not to exceed $9,000,000 Gas System
Revenue Bonds, Series 1997 A and $ 17,500,000 Gas System Revenue Refunding Bonds, Series
19978,
mI and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Gas System Revenue Bonds, Series 1997 A, In an amount not to exceed $9,000,000 will
accommodate the continuing expansion of the Gas System in Pinellas and Pasco Counties.
· Gas System Revenue Bonds, Series 1997B, in an amount not to exceed $17,500,000 will
be used to refinance the series 1991 and series 1994A Gas System Revenue Bonds at a
present value savings in excess of 4%. Either or both of the 1991 and 1994 bonds will not
be refunded if the 4% savings Is not going to be realized.
· Proposals were solicited from underwriting firms and the firms of William R. Hough & Co.,
Merrill Lynch & Co., and Raymond James & Associates have~t(' selected to serve as
underwriters on these bonds. These bonds will be sold through negotiated pubJic sale.
· This resolution authorizes the City Manager and Finance Director to award the sale of the
bonds and to determine if it is in the best interest of the City to purchase a debt service
surety bond or to fund a debt service reserve.
THE ENTIRE RESOLUTION AND BOND DOCUMENT ARE AVAILABLE IN TIlE CITY CLERK DEPART~mNT
Rovrewed by:
Legal
Budget NIA
Purchallng NIA
Rlak Mgmt. N/A
CS '41A
ACM
Originating Department:
RNANCE
User Depo~ \
GASW
Costs:
Total
Commission ActIon:
o Approved
o Approved wlCondltlonl
o Denied
o Continued to:
Curr.nt FI,cllI Yellr
Dati:
Funding Sourco:
o Capltlll
ImplV....mant:
[J
Oplr.Una:
[J
Oth.r:
Attachmonts:
SubmItted by:
AdvlrtJ.ed:
CIty Man.gar
o PrInted on flay d paper
() Prlntld on rlcyclld paper
Peper:
[J Not Requtred
Affectod Partlol:
o Notified
o Not RequIred
RllIolutlon 97-64
Appropriation Code
o None
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~9
RESOLUTION NO~ 97-54
A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF NOT TO
EXCEED $9,000,000 CITY OF CLEARWATER, FLORIDA, GAS
SYSTEM REVENUE BONDS, SERIES 1997A AND NOT TO EXCEED
$17,500,000 CITY OF CLEARWATER, FLORIDA, GAS SYSTEM
REVENUE REFUNDING BONDS, SERIES 1997B; AWARDING THE
SALE THEREOF TO WILLIAM R. HOUGH & CO. ON BEHALF OF
ITSELF AND MERRILL LYNCH & CO. AND RAYMOND JAMES &
ASSOCIATES, INC., SUBJECT TO THE TERMS AND CONDITIONS
. OF A PURCHASE CONTRACT; PROVIDING FOR THE ISSUANCE OF
THE SERIES 1997 BONDS IN BOOK-ENTRY-ONLY FORM;
AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT IN CONNECTION WITH
THE DELIVERY OF THE BONDS; PROVIDING FOR COMPLIANCE
WITH A CONTINUING DISCLOSURE CERTIFICATE; APPOINTING A
PAYING AGENT AND REGISTRAR; APPOINTING AN ESCROW AGENT;
AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE;
AUTHORI ZING THE PURCHASE OF DEBT SERVICE RESERVE FUND
SURETY BONDS; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE ISSUANCE AND DELIVERY OF SUCH
BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 15, 1991, the City Commission of the
City of Clearwater, Florida (the "City" or the "Issuer") enacted
Ordinance No. 5118-91 (the "original.Ordinancetl) to provide for
the issuance of bonds payable from Net Revenues of the Gas system
(as defined therein); and
WHEREAS, on September 1, 1994, the city enacted Ordinance
No. 5665-94 (the ti1994 Bond Ordinance") which authorized the
issuance of not to exceed $26,750,000 City of Clearwater,
Florida, Gas System. Revenue Bonds, Series [to be determined], as
Additional Parity Obligations under the Original Ordinance to
finance the costs of the Series 19948 Projects (as defined in the
1994 Bond Ordinance); and
WHEREAS, on June 6, 1996, the city enacted ordinance No.
6030-96 (the "1991 Refunding Ordinance") which authorized the
issuance of not to exceed $8,500,000 City of Clearwater, Florida,
Gas system Revenue Refunding Bonds, Series [To be determined]
(the "1991 Refunding Bonds"), . as Additional Parity Obligations
under the original Ordinance to advance refund a portion of the
city's outstanding Gas System Revenue Bonds, Series 1991 (the
"1991 Refunded Bonds"); and
1
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WHEREAS, on September 18, 1997, the City enacted Ordinance
No. 6188-97 (the "1994 Refunding Ordinancen, and together with
the Original Ordinance, the 1994 Bond Ordinance and the 1991
Refunding Ordinance, collectively, the "Bond ordinancen) which
authorized the issuance of not to exceed $9,000,000 City of
Clearwater, Florida, Gas System Revenue Refunding Bonds, Series
[To be determined] (the "1994 Refunding SondsU), as Additional
Parity Obligations under the Original Ordinance to advance refund
a portion of the city's outstanding Gas System Revenue Bonds,
Series 1994A (the "1994 Refunded Bondsn); and
WHEREAS, it is in the best interest of the City to combine
the 1991 Refunding Bonds and the 1994 Refunding Bonds into one
series of bonds (the "Refunding BondsU) in order to achieve
additional savings in the issuance thereof; and
WHEREAS, it is in the best interest of the city to designate
the portion of such bonds authorized by the 1994 Bond Ordinance
to finance a portion of the Series 1994B Projects as "Gas system
Revenue Bonds, Series 1997A,.t (the "Series 1997A Bonds") and to
designate the Refunding Bonds as "Gas System Revenue Refunding
Bonds, Series 1997811 to reflect the year of their issuance (the
Series 1997A Bonds and the Refunding Bonds collectively referred
to herein as the "Series 1997 Bonds"); and
WHEREAS, it is in the best interest of the city to provide
for the negotiated sale of not to exceed $9,000,000 of Series
1997A Bonds and not to exceed $17,500,000 of Refunding Bonds; and
WHEREAS, the Issuer intends on negotiating a sale of the
Series 1997 Bonds vith William R. Hough & Co. on behalf of itself
and as representative of Merrill Lynch & Co. and Raymond James &
Associates, Inc. (collectively, the "UnderwritersU) subject to
the terms and conditions contained herein and set forth in a
Purchase contract, a copy of which is attached hereto as Exhibit
"An (the "Purchase Contract") and authorizing its Mayor-
commissioner and city Manager to execute such Purchase Contract
upon the approval of the terms thereof by the city Manager and
city Finance Director; and
mIEREAS, the Issuer now desires to approve the issuance of
its Series 1997 BondS, to sell its series 1997 Bonds pursuant to
the Purchase contract, to authorize the distribution of a Prelim-
inary Official statement and an Official statement in connection
with the issuance of the Series 1997 Bonds and to take certain
other actions in connection with the issuance and sale of the
Series 1997 Bonds; and
2
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WHEREAS, the Issuer will be provided all applicable
discloBure information by the Underwriters as required by Section
218.385, Florida statutes, prior to the execution of the Purchase
Contract, a copy of which disclosure is to be attached to the
Purchase Contract; and
WHEREAS, this resolution shall constitute a supplemental
resolution under the terms of the Bond Ordinance and all
capitalized undefined terms used herein shall have the meanings
set forth in the Bond Ordinance; .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
SECTION 1. The not to exceed $9,000,000 of the Gas system
Revenue Bonds, Series [to be determined) authorized by the series
1994B Bond Ordinance being offered pursuant to this resolution
are hereby designated as Series 1997A Bonds (the tfseries 1997A
Bonds") and the not to exceed $8,500,000 of the Gas System
Revenue Refunding Bonds, Series [to be determined) authorized by
the 1991 Refunding Ordinance being offered pursuant to this
resolution together with the not to exceed $9,000,000 of the Gas
System Revenue Refunding Bonds, Series [to be determined]
authorized by the 1994 Refunding Ordinance being offered pursuant
to this resolution are hereby collectively designated as series
1997B Bonds (the "Series 1997B Bonds"). The issuance of not to
exceed $9,000,000 of the Series 1997A Bonds and not to exceed
$17,500,000 of the series 19978 Bonds, by the City is hereby
approved upon the terms and condi tions set forth in the Bond
Ordinance and this Resolution.
SECTION 2. It is in the best interest of the Issuer and the
residents and inhabitants thereof that the Series 1997 Bonds be
issued utilizing a pure book-entry system of registration. For
so long as the Series 1997 Bonds remain in such book entry only
system of registration, in the event of a conflict between the
provisions of the Bond Ordinance and the provisions of the
Blanket Letter of Representations between the city and Depository
Trust Company as previously executed and delivered, the terms and
provisions of the Blanket Letter of Representations shall
prevail.
.SECTION 3. (a) Due to the willingness of the Underwriters to
purchase not to exceed $26,500,000 in aggregate principal amount
of the Series 1997 Bonds at favorable interest costs and the
importance of timing in the marketing of such obligations, it is
hereby determined that it is in the best interest of the public
and the Issuer to sell the Series 1997 Bonds at a negotiated sale
and such sale to the Underwriters pursuant to the terms and con-
ditions contained in the Purchase Contract and herein is hereby
authorized and approved, subject to the satisfaction of the
conditions set forth in Section 3(b) below.
3
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(b) The Finance Director is hereby authorized to receive the
offer to purchase the Series 1997 Bonds from the Underwriters in
the form of an executed Purchase Contract in the torm approved
herein. The City Manager and the Finance Director are hereby
authorized to award the sale of the Series 1997A Bonds and/or the
Series 1997B Bonds, respectively, on their determination that the
offer submitted by the Underwriters for the purchase of any or
all series of the Series 1997 Bonds or any portion thereof are
with!n the following parameters: (1) in the case of the Series
1997A Bonds, the true interest cost rate shall not exceed 7.00%
with an Underwriters' Discount and original issue discount not in
excess of 2.00% of the principal amount thereof, and (2) in the
case of the Series 1997B Bonds, the true interest cost rate shall
not exceed 7.00% and the refunding of that portion of the 1991
Refunded Bonds and that portion of the 1994 Refunded Bonds to be
refunded by the Series 19978 Bonds shall provide the City with a
net present value savings of not less than 4.0% of the par amount
of such Refunded Bonds with an Underwriters' Discount and
original issue discount not in excess of 2.00% of the principal
amount ~hereof. The Finance Director, in coordination with the
City's financial advisor and the Underwriters, is hereby
authorized and directed to determine what portions of the 1991
Refunded Bonds and what portions of the 1994 Refunded Bonds are
in . the best interest of the ci ty to be refunded through the
issuance of the Series 1997B Bonds. The city Manager and the
Finance Director are hereby authorized to award the sale of the
Series 1997A Bonds and/or the Series 1997B Bonds as set forth
above or to reject the offer from the Underwriters for any or all
series of Series 1997 Bonds or any portion thereof. Such award
shall be final. The acceptance of the offer to purchase the
Series 19978' Bonds, to the extent a portion of the proceeds
thereof are used to refund the 1991 Refunded Bonds shall
constitute a decision to refund the 1991 Refunded Bonds in
accordance with the 1991 Refunding Ordinance, and to the extent a
portion of the proceeds thereof are used to refund the 1994
Refunded Bonds shall constitute a decision to refund the 1994
Refunded Bonds in accordance with the 1994 Refunding Ordinance.
SECTION 4. The Series 1997 Bonds shall be sold to the
Underwriters, upon the terms and conditions set forth in the
Purchase Contract attached hereto as Exhibit "An and incorporated
by reference, upon the satisfaction of the conditions set forth
in Section 3(b) hereof. The Mayor-commissioner, the city Manager
and the City Clerk are hereby authorized to execute such purchase
Contract in substantially the form attached as Exhibit nAff, with
such additional changes, insertions and omissions therein as do
not change the substance thereof and as may be approved by the
said officers of the Issuer executing the same, such execution to
be conclusive evidence of such approval.
4
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SECTION 5. The Series 1997 Bonds shall be dated, shall bear
interest payable at the times, shall mature and shall be subject
to redemption as provided in the purchase Contract. The use of
the proceeds of the series 1997 Bonds, shall be as provided in
the Official statement relating to the series 1997 Bonds.
SECTION 6. The Series 1997 Bonds shall be issued under and
secured by the Bond Ordinance and shall be executed and delivered
by the Mayor-Commissioner, the City Manager and the city Clerk in
substantially the form set forth in the Bond Ordinance, with such
additional changes and insertions therein as conform to the
provisions of the Purchase Contract and such execution and
delivery shall be conclusive evidence of the approval thereof by
such officers.
SECTION 7. SunTrust Bank, Central Florida, National
Association, Orlando, Florida, is hereby appointed Paying Agent
and Registrar for the Series 1997 Bonds.
SECTION 8. First Union National Bank of Florida is hereby
appointed as the Escrow Agent under each respective Escrow
Deposit Agreement for the Series 1997B Bonds.
SECTION 9. On the date of issuance of the Series 1997
Bonds, the Issuer may transfer the funds on hand in the various
funds and accounts established for the 1991 Refunded Bands and
the 1994 Refunded Bonds in such manner as may be approved by a
certificate of the Finance Director executed prior to or
simultaneously with the issuance of the Series 1997 Bands.
SECTION 10. The distribution by the Underwriters of the
Preliminary Official statement is hereby approved, confirmed and
ratified. The distribution of a final Official Statement of the
Issuer relating to the issuance of the Series 1997 Bonds is
hereby approved, such final Official statement to be in sub-
stantially the form attached hereto as Exhibit liB", with such
additional changes, insertions and omissions as may be made and
approved by officers of the Issuer executing the same, such
execution to be conclusive evidence of any such approval. The
Mayor-Commissioner and the city Manager are hereby authorized to
execute such Official statement in substantially the farm
attached hereto as Exhibit liB". The execution of such Official
statement by such officers is hereby approved with such
additional changes, insertions and omissions as may be made and
approved by such officers. For purposes of Rule 15c2-12 of the
United states Securities and Exchange commission (the "Rule"',
the Preliminary Official Statement in the form attached hereto as
Exhibit "B" is hereby deemed ufinal".
5
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1-10-1995 9, 49Pt.l
FROl,l CLW F I NAr'JCE 813 562 4535
P. 7
SECTION 11. The City hereby covenants and aqrees that, in
order to provide for compliance by the City with the secondary
market disclosure requirements of the RUle, that it will comply
with .and carry out all of the provisions of that certain
Continuing Disclosure Cartlficate in substantially the form
attached hereto as Exhibit "e", to be executed by the ci t.y and
dated the date of issuance and delivery of the Series 1997 Bonds,
as it may be amended from time to time in accordance with the
terms thereof (the "continUing Disclosure Certificate") .
Notwithstanding any other provision of this Resolution, failure
of the city to comply with such Continuing Disclosure certificate
shall not be considered an event of default; however, any holder
ot Series 1997 Bonds may take such actions as may be necessary
and appropriate, including seeking mandate or specific
performance by court order, to cause the City to comply with its
oblioations under thiR section and the Continuing Disclogure
Certificate. The Mayor-Col'Q1Dissioner, the City Manager and the
ci ty Clerk are hereby authorized to execute such Cont.inuing
Disclosure Certificate in substantially the form attached as
Exhibit "e", with such additional changes, insertions and omis-
sions therein as do not change tho substance thereof and as may
be approvGd by the said officers of the Issuer executing the
same, such execution to be conclusive evidence of such approval.
SECTION 12. (6) Pursuant to the Bond Ordinance, MBlA
,Insurance Corporation (hMBIA") has been selected to provide its
Municipal Bond Insurance POlicies as the credit Facility (as
defined in the Bond Ordinance) as additional security tor pa~ent
ot principal and interest on each series of the Series 1997
Bonds. Selection of MalA as the credit Facility Issuer (as
defined in the Bona Ordinance) is hereby ratified and confirmed
and payment for such Municipal Bond Insurance POlicies from
proceeds of each of the series of the Series 1997 Bonds is hereby
authorized. The Issuer hereby accepts the terms, conditions and
agreements relating to the Municipal Bond Insurance Policies in
accordance with the commitment for Municipal Bond Insurance as
attached hereto as Exhibit "D" and incorporated herein. A
~tatement of insurance is hereby authorized to be printed on or
attached to each series of the Series 1997 Bonds for the benefit.
and information of the holders ot the series 1997 Bonds.
(b) For so long as the Credit Facility is applicable to the
s~ries 1997 Bonds, the additional provisions set torth on Exhibit
"En attached hereto shall be applicable to the Series 1997 Bonds.
In addition to the covenants and agreements ot the City
previously contained in the Bond Ordinance reqarding the ri9hts
ot the credit Facility Issuer whi~h are incorporated herein and
in Exhibit "E" hereto, the city hereby covenants and agrees for
the benefit of the Credit Facility Issuer and the holders of the
series 1997 Bonds while the Credit Facility insuring the series
1997 Bonds is in full force and effect, to provide the Credit
6
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~RCJ.1 CLW F I NANCE 81 3 562 dS3S
P.B
Facility Is~uer with copiet; of any notices to be givon to any
party pursuant to the Bond Ordinance, and to provide prior notice
to the credit Facility Issuer of any amendments to the Bond
Ordinance.
(0) The City Manager and Finance Oirector are hereby
authorized and directed to determine, with input from the City's
financial advisor, whether the purchase of a debt service reserve
fund surety policy or bond or simile.r instrument (a "Reserve
Surety") would be in the best interest of the City rather than
funding the debt service reserve fund for the Series 1997 Bonds
with proceeds- of the Series 1997 Bonds or other legally available
funds ot the city. In the event the City Manager and the Finance
Director determine that it would be in the beat interest of the
city to purchase a Reserve SUrety, they shall select the Reserve
Surety offered by the lowest bidder whose Reserve surety is in a
torm acceptable to MalA. The City Manaqer and the Finance
Director have reported to the City that the lowest bidder was
AMBAC Assurance corporation ("AMBACU). The determination of the
city Manager and Finance Director shall be final. In the event
the city Manager and Finance Director determine to use a Reserve
Surety, then this Resolution shall be deemed to include the
provisions set forth in Exhibit F attached hereto, and the Hayor-
Commissioner and City Manager are authorized to execute and the
Clerk is -authorized to attest a financial guaranty agreement or
similar agreement in substantially the form set forth in Exhibit
F hereto, with such changes, insertions and omissions as may be
approved by such Offioers. For purposes hereof, the Reserve
Requirement (as defined in the original Ordinance) for each
series of Series 1997 Bonds shall be the amount equal to the
lesser of (1) the Maximum Bond Service Requirement of each series
of Series 1997 Bonds, (ii) 125* of the averaqe annual Bond
Service Requirement of each series of Series 1991 Bonds, or
(iii) 10\ of the net proceeds ot each series of Series 1997
Bonas.
SECTION 13. All prior resolutions Of the Issuer
inconsistent with the provisions of this resolution are hereby
modified, supplemented and amended to conform with the provisions
herein contained and except as otherwise ~odified, supplemented
and amended hereby shall remain in full force and effect.
7
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FROM CLW FINANCE 813 SG2 0.1535
P.9
SECTION 14. The Mayor-commissioner, the City Manager, the
Finance Director, the City Attorney and the City Clerk or any
other appropriate officers ot the Issuer are hereby authorizQd
and direct.eeS to. execute any aneS all certifications or ot.her
instruments or documents. required by the Resolution, the PurcbacQ
Contract., t:h.' Escrow Deposi~ Aqreements or any ot.ber dOCUll8nt
r~ferr.dto above as a prerequisite or precondition to the
issuance of the Series 1997 Bonds and any such representation
made therein shall be deemed to be made on behalf of the Issuer.
All act.ion taken to date by the officers of the Issuer in
furtherance of the issuance of the Series 1997 Bonds is hereby
approved, contirmed and ratified.
SECTION 15. This resolution shall become effective
iamedi~~ely upon its adoption.
Passed and adopted by the city commission ot the City of
Clearwater, 'Plorida, this day of , 1997.
.(SEAL)
By:
Mayor-Commissioner
ATTEST:
City Clerk
Approved as ~o form and
correctness:
. city Attorney
,
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PURCHASB CONTRACT
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CITY OF CLEARWATER, FLORIDA
[Series 1997A Bond Amount)
Gas System Revenue Bonds
Series 1997 A
(Series 1997B Bond Amount)
Gas System Revenue Refunding Bonds
Series 19978
BOND PURCHASE CONTRACT
September 5. 1997
City CouncH ofthe City of
Clearwater) Florida
Clearwater) Florida
Dear Council Members:
[Underwriter] (the "Underwriter") offers to enter into the following agreement with you (the
"City") which. upon your acceptance of this offer) will be binding upon the City and upon the
Underwriter. This offer is made subject to your acceptance on or before 11 :59 p.m.) E.D.T., on the
date hereof. and ifnot so accepted) will be subje~t to withdrawal by the Underwriter upon notice to
the City at any time prior to the acceptance hereof by you. All capitalized terms not otherwise
defined herein shall have the meanings set forth in the Official Statement (as hereinafter defined).
1. Purchase and Sale. Upon the teoos and conditions and upon the basis of the
representations, warranties and agreements set forth herein, the Underwriter hereby agrees to
purchase from the City for offering to the public and the City hereby agrees to sell and deliver to the
Underwriter for such purpose) all (but not less than all) of the City's [Series 1997A Bond Amount]
Gas System Revenue Bonds, Series 1997 A (the "Series 1997 A Bonds") and [Series 19978 Bond
Amount] Gas System Revenue Refunding Bonds. Series 1997B (the "Series 1997B
Bonds")(coJJectively, the "Series 1997 Bonds"). The Series 1997 Bonds shall be dated as of
September It 1997. shall be issued in such principal amounts and bear such rates of interest as set
forth in Exhibit A attached hereto. Interest on the Series 1997 Bonds shall be payable on March I,
1998, and on each March 1 and September 1 thereafter to maturity. The aggregate purchase price
of the Series 1997 Bonds shall be [purchase Price] (par less Underwriter's discount of (Discount]))
plus accrued interest on the Series 1997 Bonds from September 1, 1997 to the date of Closing (as
hereinafter defined). The Series 1997 Bonds initially shall be offered to the public at such prices or
yields (including discounts and premiums) as indicated on Exhibit A attached hereto. The Series 1997
Bonds are issued pursuant to the authority of, and in full compliance with) the Constitution of the
State of Florida, and other applicable provisions oflaw) particularly Chapter 166. Part II. Florida
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Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other
applicable provisions oflaw. The Series 1997 Bonds are being issued more specifically pursuant to
Ordinance No. 5118-91 enacted by the City Commission of the City (the "Commission") on
August IS, 1991 (the "Original Ordinance"), which authorized the issuance of Gas System Revenue
Bonds, Series 1991 (the "Series 1991 Bondsll), as amended and supplemented and as further
supplemented by Ordinance No. 5665-94 adopted on September 1, 1994, Ordinance No. 6030-96
adopted on June 6, 1996 and Ordinance No. 6188-97 adopted on September 18, 1997, as further
supplemented by a resolution adopted on September 18, 1997 (as so supplemented, the "Authorizing
Ordinance") (the Original Ordinance and the Authorizing Ordinance are coltectively referred to as the
"Ordinance1'). The Series 1997 Bonds are special, limited obligations of the City payable solely from
the Net Revenues derived from the operation of the System, as provided in the Ordinance on a parity
with the Series 1991 Bonds, of which [ ] will remain outstanding after the refunding from
the proceeds of the Series 1997B Bonds and with the Gas System Revenue Bonds, Series 1996 (the
"Series 1996 Bonds"), which are currently Outstanding in the aggregate principal amount of
$8,750,000 (such unrefunded Series 1991 Bonds and the Series 1996 Bonds hereinafter being
referred to as the "Parity Bonds").
The Series 1997 Bonds are being issued by the City to (i) in the case of the 1997A Bonds,
finance the costs of certain additions, extensions, supplements or replacements of the existing gas
system owned and operated by the City (the "System") within PineUas and Pasco Counties (the" 1997
Project")~ (ii) in the case of the Series 1997B Bonds, advance refund a portion of the Series 1991
Bonds and all of the Outstanding Gas System Revenue Bonds, Series 1994A (the "Series 1994A
Bonds) (the "Refunded Bonds"); (Hi) fund the Reserve Requirement for the Series 1997 Bonds; and
(iv) pay the costs of issuance of the Series 1997 Bonds.
The Underwriter is duly authorized to execute this Bond Purchase Contract.
2. Good Faith Deposit. Delivered to you herewith, as a good faith deposit, is a
corporate check of the Underwriter payable to the order of the City in the amount of [Good Faith
Amount] as security for the performance by the Underwriter of its obligation to accept and pay for
the Series 1997 Bonds at Closing (as defined herein) in accordance with the provisions hereof. In the
event that you accept this offer, said check shall be held uncashed by the City as a good faith deposit.
At the Closing, the check will be returned to the Underwriter. In the event you do not accept this
offer, the check shall be immediately returned to the Underwriter. If the Underwriter fails (other than
for a reason permitted hereunder) to accept and pay for the Series 1997 Bonds at the Closing as
provided herein, the check may be cashed by you and the proceeds retained by the City as and for full
liquidated damages for such failure and for any and all defaults hereunder on the part of the
Underwriter, and the retention of such amounts shall constitute a full release and discharge of all
claims and damages for such failure and for any and all such defaults hereunder on the part of the
Underwriter.
In the event that the City fails to deliver the Series 1997 Bonds at the Closing, or if the City
is unable at or prior to the date of Closing to satisfy or cause to be satisfied the conditions to the
2
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obligations ofthe Underwriter contained in this Bond Purchase Contract, or if the obligations of the
Underwriter contained herein shall be cance1ted or terminated for any reason pennitted by this Bond
Purchase Contract, the City shall be obligated to immediately return the check to the Underwriter and
the return of such check shall constitute a full release and discharge of all claims and damages for
such failure and for any and all such defaults hereunder on the part of the City.
3. Offering. It shall be a condition of your obligation to sell and deliver the Series 1997
Bonds to the Underwriter, and the obligation of the Underwriter to purchase and accept delivery of
the Series 1997 Bonds, that the entire aggregate principal amount of the Series 1997 Bonds shall be
sold and delivered by you and accepted and paid for by the Underwriter at the Closing.
The Underwriter agrees to make a public offering orall of the Series 1997 Bonds at the initial
offering prices set forth in Exhibit A attached hereto; provided, however, the Underwriter reserves
the right to make concessions to dealers and to change such initial offering prices as the Underwriter
shall deem necessary in connection with the marketing of the Series 1997 Bonds.
4. Preliminary Official Statement and Official Statement. The City hereby confirms
that it has heretofore made available to the Underwriter a Preliminary Official Statement of the City
relating to the Series 1997 Bonds, dated [POS Date] (which, together with the cover page and
appendices contained therein, is herein called the "Preliminary Official Statement"), and authorizes
and ratifies the use and distribution thereof to prospective purchasers and investors. Within seven
business days of the acceptance hereof by the City, the City shall cause to be delivered the final
Official Statement, dated the date hereof (which, together with the cover page and appendices
contained therein, is herein called the "Official Statement"), executed on behalf of the City by its
Mayor-Commissioner and by its City Manager and such reasonable numbers of conformed copies as
the Underwriter shall request. which shall be sufficient in number to comply with paragraph (b)(3)
of Rule 15c2-12 of the Securities and Exchange Commission (17 CFR ~240.15c2-12) under the
Securities Exchange Act of 1934 and with Rule 0-32 and all other applicable rules of the Municipal
Securities Rulemaking Board. The City, by its acceptance hereof: ratifies and approves the
Preliminary Official Statement and ratifies and approves and authorizes the Underwriter to use the
Official Statement and all documents described therein in connection with the public offering and the
sale of the Series 1997 Bonds. The City hereby deems the Preliminary Official Statement "finaJ" as
of its date for purposes ofSEC Rule 15c2-12(b)(I).
In accordance with Section 218.385. Florida Statutes, the Underwriter hereby discloses the
infonnation required by such Section. including a truth-in-bonding statement, as provided in Exhibit
B attached hereto.
5. Use of Documents. You hereby authorize the use by the Underwriter of (a) the
Ordinance, (b) the Preliminary Official Statement. (c) the Official Statement (including any
supplements or amendments thereto), (d) the Escrow Deposit Agreement. dated as of September I,
1997 (the "Escrow Deposit Agreement"), between the City and [paying Agent], as Escrow Agent,
relating to the refunding of the Refunded Bonds, (e) the Continuing Disclosure Certificate. of the
3
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City. dated as of September 1. 1997 (the "Continuing Disclosure Certificatetl)~ and (0 any other
documents related to the transactions contemplated in the Official Statement in connection with the
public offering, sale and distribution of the Series 1997 Bonds.
6. Representations, Warranties and Agreements. The City hereby represents,
warrants and agrees as follows:
(a) As of the date of the Official Statement and at the time of Closing, the statements and
infonnation contained in the Official Statement will be true, correct and complete in all material
respects and the Official Statement will not omit any statement or infonnation which should be
included therein for the purposes for which the Official Statement is to be used or which is necessary
to make the statements or information contained therein, in light of the circumstances under which
they were made, not misleading.
(b) Between the date of this Bond Purchase Contract and the time of Closing, the City
will not execute any bonds. notes or obligations for borrowed money (other than the Series 1997
Bonds or obligations which pledge neither the full faith and credit of the City nor any portion of the
Net Revenues of the System, without giving prior written notice thereof to the Underwriter.
(c) The City is. and will be at the date of Closing, duly organized and validly existing as
a municipal corporation of the State of Florida, with the powers and authority set forth in the Act.
(d) The City has fulllega1 right, power and authority to: (i) enter into this Bond Purchase
Contract, the Continuing Disclosure Certificate and the Escrow Deposit Agreement, (ii) adopt the
Ordinance, (ill) sell, issue and deliver the Series 1997 Bonds to the Underwriter as provided herein,
and (iv) carry out and consummate the transactions contemplated by this Bond Purchase Contract,
the Continuing Disclosure Certificate, the Escrow Deposit Agreement, the Ordinance and the Official
Statement and the City has complied, and at the Closing will be in compliance, in all respects, with
the tenns of the Act and with the obligations on its part in connection with the issuance of the Series
) 997 Bonds contained in the Ordinance. the Series 1997 Bonds, the Escrow Deposit Agreement, the
Continuing Disclosure Certificate and this Bond Purchase Contract.
(e) By all necessary official action. the City has duly adopted the Ordinance, has duly
authorized and approved the Official Statement, has duly authorized and approved the execution and
delivery of, and the perfonnance by the City, of this Bond Purchase Contract. the Escrow Deposit
Agreement. the Continuing Disclosure Certificate and a11 other obligations on its part in connection
with the issuance of the Series 1997 Bonds and the consummation by it of all other transactions
contemplated by this Bond Purchase Contract in connection with the issuance of the Series 1997
Bonds~ upon delivery of the Series 1997 Bonds, each of the Ordinance, the Continuing Disclosure
Certificate and tbe Escrow Deposit Agreement will each constitute a legal, valid and binding
obligation of the City, enforceable in accordance with their respective terms, subject to applicable
bankruptcy, insolvency, and similar laws affecting creditors' rights generally and subject, as to
enforceability. to general principles of equity.
4
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(f) When delivered to and paid for by the Underwriter at the Closing in accordance with
the provisions of this Bond Purchase Contract, the Series 1997 Bonds will have been duly authorized,
executed, issued and delivered and will constitute valid and binding obligations of the City in
conformity with the Act and the Ordinance, and shall be entitled to the benefits of the Ordinance,
including a prior pledge of and lien upon the Net Revenues of the System in accordance with the
provisions of the Ordinance, subject to bankruptcy, insolvency, reorganization, moratorium and other
similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles
of equity.
(g) The adoption of the Ordinance and the authorization. execution and delivery of this
Bond Purchase Contract, the Continuing Disclosure Certificate, the Escrow Deposit Agreement and
the Series 1997 Bonds, and compliance with the provisions hereof and thereof: will not conflict with,
or constitute a breach of or default under any law, administrative regulation, consent decree,
ordinance, resolution or any agreement or other instrument to which the City was or is subject, nor
will such enactment, adoption, execution, delivery, authorization or compliance result in the creation
or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever
upon any of the property or assets of the City, or under the terms of any law, administrative
regulation, ordinance, resolution or instrument, except as expressly provided by the Ordinance or the
Series 1997 Bonds.
(h) At the time of Closing, the City will be in compliance in all respects with the covenants
and agreements contained in the Act and the Ordinance and no event of default and no event which,
with the lapse of time or giving of notice, or both, would constitute an event of default under the
Ordinance will have occurred or be continuing.
(i) Except as provided in the Official Statement, all approvals, consents, authorizations
and orders of any governmentaJ authority or agency having jurisdiction in any matter which would
constitute a condition precedent to the perfonnance by the City of its obligations hereunder and under
the Ordinance, the Continuing Disclosure Certificate or the Escrow Deposit Agreement have been
obtained and are in full force and effect.
(j) The City is lawfully empowered to pledge and grant a lien upon the Net Revenues of
the System for payment of the principal of and interest on the Series 1997 Bonds.
(k) Except as disclosed in the Official Statement, to the best knowledge of the City, as
of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court, government agency, public board or body, pending or threatened against the
City, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Series
1997 Bonds or the pledge of and lien on the Net Revenues of the System created by the Ordinance
or contesting or affecting as to the City the validity or enforceability in any respect relating to the
Series 1997 Bonds, the Ordinance, the Continuing Disclosure Certificate, the Escrow Deposit
Agreement or this Bond Purchase Contract, or contesting the tax-exempt status of interest on the
Series 1997 Bonds, or contesting the completeness or accuracy of the Official Statement or any
5
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supplement or amendment thereto, or contesting the powers of the City or the City Council, or any
authorirj for the issuance of the Series 1997 Bonds, the adoption of the Ordinance or ~he execution
and delivery by the City of this Bond Purchase Contract, the Continuing Disclosure Certificate or the
Escrow Deposit Agreement.
(I) The City will furnish such information, execute such instruments and take such other
action in cooperation with the Underwriter as the Underwriter may reasonably request in order to (i)
qualify the Series 1997 Bonds for offer and sale under the "blue skyr' or other securities laws and
regulations of such states and other jurisdictions of the United States as the Underwriter may
designate, and (ii) determine the eligibility of the Series } 997 Bonds for investment under the laws
of such states and other jurisdictions, and will use its best efforts to continue such qualifications in
effect so long as required for the distribution of the Series 1997 Bonds; provided, however, that the
City shall not be required to execute a general or special consent to service of process or qualifY to
do business in connection with any such qualification or determination in any jurisdiction or expend
its own funds with respect to the foregoing.
(m) The City will not take or omit to take any action which action or omission will in any
way cause the proceeds from the sale of the Series 1997 Bonds to be applied in a manner contrary
to that provided for in the Ordinance and as described in the Official Statement.
(n) Except as expressly disclosed in the Official Statement, the City neither is nor has been
in default any time after December 31, 1975, as to payment of principal or interest with respect to
an obligation issued or guaranteed by the City (except with respect to bonds for which it has acted
solely as a "conduit issuer").
(0) The City has not been notified of any listing or proposed listing by the Internal
, Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied
upon.
(p) As orits date, the Preliminary Official Statement is hereby deemed ttfinal" by the City
for purposes ofSEC Rule 15c2-12(b)(1), except for "permitted omissions" as defined in such Rule.
(q) If, after the date of this Bond Purchase Contract and until the earlier of (i) 90 days
from the end of the "underwriting period" (as defined in SEe Rule 15c2~ 12) or (ii) the time when the
Official Statement is available to any person from a nationally recognized repository, but in no case
less than 2S days following the end of the underwriting period, any event shall occur which might or
would cause the Official Statement, as then supplemented or amended, to contain any untrue
statement of a material fact or to omit to state a material fact necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading, the City shall
notifY the Underwriter thereof, and, if in the opinion of the Underwriter such event requires the
preparation and publication of a supplement or amendment to the Official Statement, the City will at
its own expense forthwith prepare and furnish to the Underwriter a sufficient number of copies of an
amendment of or supplement to the Official Statement (in form and substance satisfactory to Counsel
6
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to the Underwriter) which will supplement or amend the Official Statement so that it will not contain
an untrue statement of a material fact or omit to state a material fact necessary in order to make the
statements therein. in light of the circumstances existing at such time, not misleading, The
Underwriter shaH notifY the City in writing of the date on which the "underwriting period" ends.
(r) The City shall undertake, pursuant to the Ordinance, to comply with the Continuing
Disclosure Certificate.
7. Closing. At 10:00 A.M.) E.D.T.) on [Closing Date]. or at such time on such earlier
or later date as shan be agreed upon. you will deliver to the Underwriter, at the location and place
to be agreed upon by you and the Underwriter. the Series 1997 Bonds in definitive form. duly
executed. together with the other documents herein mentioned; and the Undenvriter will accept such
delivery and pay at such location as may be agreed upon by you and the Underwriter the purchase
price of the Series 1997 Bonds as set forth in Section 1 hereof. plus accrued interest on the Series
1997 Bonds from September 1. 1997, by immediately available funds. payable to the order of the
City. This delivery and payment is herein called the "Closing." The Series 1997 Bonds shall be made
available to the Underwriter at least one business day before the Closing for purposes of inspecting
and packaging. The Series 1997 Bonds shall be prepared and delivered as fully registered Bonds.
8. Closing Conditions. The Underwriter has entered into this Bond Purchase Contract
in reliance upon the representations and warranties of the City herein contained and the perfonnance
by the City of its obligations hereunder, both as of the date hereofand as of the time of Closing. The
obligations of the Underwriter under this Bond Purchase Contract are and shall be subject to the
following conditions:
(a) The representations, warranties and agreements ofthe City contained herein shaH be
true and correct and complied with as of the date hereof and as of the date of the Closing, as ifmade
on the date of the Closing.
(b) At the time of the Closing, the Ordinance shall be in full force and effect in accordance
with its tenns and shall not have bcen amended. modified or supplemented except as amended,
modified or supplemented by a resolution incorporating the tenns and conditions contained in the
municipal bond insurance commitment of the Insurer (as defined herein), and the Official Statement
shall not have been supplemented or amended. except in any such case as may have been agreed to
by the Underwriter.
(e) At the time of Closing, a resolution of the City shall have incorporated the tenns and
conditions contained in the municipal bond insurance commitment of the Insurer into the Ordinance.
(d) At the timc ofthe Closing, all official action ofthe City relating to this Bond Purchase
Contract, the Continuing Disclosure Certificate. the Escrow Deposit Agreement and the Series 1997
Bonds shall be in full force and effect in accordance with their respective terms and shall not have
7
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been amended, modified or supplemented in any material respect, except in each case as may have
been agreed to by the Underwriter.
(e) The Underwriter shall have the right to cancel the agreement contained herein to
purchase, to accept delivery of and to pay for the Series 1997 Bonds by notifying you in writing of
their intention to do so if:
(i) between the date hereof and the Closing, legislation shall have been enacted
by the Congress of the United States, or recommended to the Congress for passage by the
President ofthe United States, or favorably reported for passage to either House of Congress
by any Committee of such House, or passed by either House of Congress, or a decision shall
have been rendered by a court of the United States or the United States Tax COUJ{ or a ruling
shall have been made or a regulation shall have been proposed or made by the Treasury
Department of the United States or the Internal Revenue Service, with respect to the federal
taxation of interest received on obligations of the general character of the Series 1997 Bonds,
which. in the opinion of Counsel for the Underwriter has, or will have, the effect of making
such interest subject to indusion in gross income for purposes of federal income taxation,
except to the extent such interest shall be includable in gross income on the date hereof: or
(ii) between the date hereof and the Closing, legislation shall be enacted or any
action shall be taken by the Securities and Exchange Commission which, in the opinion of
Counsel for the Underwriter, has the effect of requiring the contemplated issuance or
distribution of the Series 1997 Bonds to be registered under the Securities Act of 1933, as
amended, or of requiring the Ordinance to be qualified under the Trust Indenture Act of 1939,
as amended, or
(iii) an event described in paragraph (s) of Section 6 hereof shall have occurred
which requires an amendment or supplement to the Official Statement and which. in the
reasonable opinion of the Underwriter, materially adversely affects the marketability of the
Series 1997 Bonds or the market price thereof, or
(iv) in the opinion of the Underwriter, payment for and delivery of the Series 1997
Bonds is rendered impracticable or inadvisable because (A) trading in securities generally shall
have been suspended on the New York Stock Exchange, Inc., or (B) a general banking
moratorium shall have been established by Federal, New York or Florida authorities, or (e)
the engagement of the United States in a war or other hostilities or the threat of war or other
hostilities, or
(v) an order. decree or injunction of any court of competent jurisdiction, or any
order, ruling, regulation or administrative proceeding by any governmental body or board,
shall have been issued or commenced, or any legislation enacted, with the purpose or effect
of prohibiting the issuance, offering or sale of the Series 1997 Bonds as contemplated hereby
8
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or by the Official Statement or prohibiting the adoption of the Ordinance or the performance
thereof, or
(vi) between the date hereof and the Closing, the City has, without the prior
written consent of the Underwriter, offered or issued any bonds, notes or other obligations
for borrowed money, or incurred any material1iabilities, direct or contingent, other than as
described in the Official Statement, in either case payable from the full faith and credit of the
City or any portion of the Net Revenues of the System, or
(vii) the President of the United States, the office of Management and Budget, the
Department of Treasury, the Internal Revenue Service or any other governmental body,
department, agency or commission of the United States or the State of Florida shall take or
propose to take any action or implement or propose regulations, rules or legislation which,
in the reasonable judgment of the Underwriter, materially adversely affects the market price
of the Series 1997 Bonds or causes any material information in the Official Statement, in light
of the circumstances under which it appears, to be misleading in any material respect, or
(viii) any executive order shall be announced, or any legislation, ordinance, rule or
regulation shall be proposed by or introduced in. or be enacted by any governmental body,
department, agency or commission of the United States Of the State of Florida Of the State
of New York, having jurisdiction over the subject matter, or a decision by any court of
competent jurisdiction within the United States or within the State of Florid a or the State of
New York Shall be rendered which, in the reasonable judgment of the Underwriter, materially
adversely affects the market price of the Series 1997 Bonds or causes any information in the
Official Statement to be misleading in any material respect, or
(ix) prior to Closing, either (A) Moody's Investors Service or Pitch Investors
SeIVice shall infonn the City or the Underwriter that the Series 1997 Bonds will not be rated
at least AM. and Aaa, respectively or (B) [Insurer Name] (the "Insurer") shall infonn the
Underwriter or the City that it shall not deliver its municipal bond insurance policy (the
"Policy") at the time of Closing, or
(x) the rating of any class of security of the City shall have been downgraded or
withdrawn by a national credit rating service.
(f) At or prior to the date of the Closing. the Undenvriter shall receive the foHowing
documents:
(i) The Ordinance certified by the Clerk of the City under seal as having been duly
enacted. adopted or executed, as the case may be, by the City and as being in effect, with only
such supplements, modifications or amendments as may have been agreed to by the
Underwriter.
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(ii) Fully executed counterparts of (A) the Escrow Deposit Agreement (B) the
Continuing Disclosure Certificate. and (C) the Official Statement and copies of conformed
Official Statements sufficient to satisfy the requirements of Section 4 hereof.
(Hi) A final approving opinion ofBryant, Miller and Olive, P .A., Bond Counsel to
the City. addressed to you, dated the date of the Closing, in substantially the form included
in the Official Statement as Appendix D.
(iv) A letter of Bryant, Miller and Olive, P.A., addressed to the Underwriter, and
dated the date of Closing, to the effect that their final approving opinion referred to in Section
8(f)(iii) hereof may be relied upon by the Underwriter and the Insurer to the same extent as
if such opinion were addressed to the Underwriter and the Insurer.
(v) A supplemental opinion of Bryant, Miller and Olive, P,A., addressed to you
and the Underwriter, and dated the date of Closing, to the effect that, (A) the information set
forth in the Official Statement under the headings, IlINTRODUCTION," "PURPOSES OF
THE SERIES 1997 BONDS,n "DESCRIPTION OF THE SERIES 1997 BONDS."
"SOURCE OF PAYMENT AND SECURITY FOR THE SERIES 1997 BONDS ,11 uFLOW
OF FUNDS," "COVENANTS." "LEGALITY." and "VALIDATION" (other than the
financial and statistical information included therein as to which no opinion need be
expressed), insofar as such information purports to be descriptions or summaries of the Act,
the Ordinance and the Series 1997 Bonds, constitute accurate and fair statements or
sununaries of the matters set forth or the documents referred to therein, and the information
under the heading "TAX EXEMPTION" is correct, and (B) the Series 1997 Bonds are not
required to be registered under the Securities Act of 1933, as amended. and it is not necessary
to qualify the Ordinance under the Trust Indenture Act of 1939. as amended.
(vi) An opinion of Pamela K. Akin, Esquire, City Attorney. addressed to you, the
Insurer and the Underwriter, and dated the date of the Closing, to the effect that, (A) the City
is a municipal corporation, duly created and validly existing and has full legal right, power and
authority to adopt the Ordinance and perform its obligations under the Ordinance, and to
authorize, execute and deliver and to perform its obligations under this Bond Purchase
Contra~ the Continuing Disc(osure Certificate and the Escrow Deposit Agreement. (B) the
City has duly adopted the Ordinance and has duly authorized, executed and delivered this
Bond Purchase Contract. the Continuing Disclosure Certificate and the Escrow Deposit
Agreement, and assuming the due authorization, execution and delivery of this Bond Purchase
Contract, the Continuing Disclosure Certificate and the Escrow Deposit Agreement by the
other parties thereto, each such instrument constitutes the legal, binding and valid obligation
of the City, enforceable in accordance with its respective terms; provided, however, the
enforceability thereof may be subject to bankruptcy. insolvency, reorganization, moratorium
and other similar laws affecting creditors' rights generally and subject, as to enforceability. to
general principles of equity and the Series ) 997 Bonds have been properly executed by the
proper officers of the City. (e) the information in the Official Statement as to legal matters
10
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relating to the City, the Act, the Series 1997 Bonds and the Ordinance is correct in aU
material respects and does not omit any statement, which in her opinion, should be included
or referred to therein, and in addition, with respect to the infonnation in the Official Statement
and based upon her review of the Official Statement as City Attorney and without having
undertaken to determine independently the accuracy or completeness of the contents of the
Official Statement, she has no reason to believe that the Official Statement (except for the
financial and statistical data contained therein and the information relating to the Insurer and
the Policy, as to which no view need be expressed) contains an untrue statement of a material
fact or omits to state a material fact required to be stated therein or necessary to make the
statements made therein, in light of the circumstances under which they were made, not
misleading, (0) the use of the Preliminary Official Statement by the Underwriter for the
purpose of offering the Series 1997 Bonds for sale has been duly authorized and ratified by
the City, (E) the Official Statement has been duly authorized, executed and delivered by the
City, and the City has consented to the use thereof by the Underwriter, (F) to the best of her
knowledge, the adoption of the Ordinance, and the authorization, execution and delivery of
this Bond Purchase Contract, the Escrow Deposit Agreement, the Continuing Disclosure
Certificate and the Series 1997 Bonds, and compliance with the provisions hereof and thereof,
will not conflict with, or constitute a breach of or default under, any law, administrative
regulation, consent decree, ordinance, resolution or any agreement or other instrument to
which the City was or is subject, as the case may be, nor will such enactment, adoption,
execution, delivery, authorization or compliance result in the creation or imposition of any
lien, charge or other security interest or encumbrance of any nature whatsoever upon any of
the property or assets of the City, or under the terms of any law, administrative regulation,
ordinance, resolution or instrument, except as expressly provided by the Ordinance, (G) to
the best of her knowledge, all approvals, consents, authorizations and orders of any
governmental authority or agency having jurisdiction in any matter which would constitute
a condition precedent to the performance by the City, ofits obligations hereunder and under
the Ordinance have been obtained and are in full force and effect, (H) the City is lawful1y
empowered to pledge, and grant a prior lien on, the Net Revenues of the System for payment
of the principal of and interest on the Series 1997 Bonds as the same becomes due and
payable, and (I) except as disclosed in the Official Statement, to the best of her knowledge,
as of the date of such opinion, there is no action, suit, proceeding, inquiry or investigation,
at law or in equity, before or by any court., government agency, public board or body, pending
or threatened against the City, affecting or seeking to prohibit, restrain or enjoin the sale,
issuance or delivery of the Series 1997 Bonds, or the pledge of and lien on the Net Revenues
of the System, or contesting or affecting the validity or enforceability in any respect of the
Series 1997 Bonds, the Ordinance. the Escrow Deposit Agreement. the Continuing
Disclosure Certificate or this Bond Purchase Contract. or contesting the tax~excmpt status
of interest on the Series 1997 Bonds, or contesting the completeness or accuracy of the
Official Statement or any supplement or amendment thereto, or contesting the powers of the
City or the City Council, or any authority for the issuance of the Series 1997 Bonds, the
adoption of the Ordinance or the execution and delivery by the City of this Bond Purchase
Contract, the Continuing Disclosure Certificate and the Escrow Deposit Agreement.
11
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(vii) A certificate, which shan be true and correct at the time of Closing, signed by
the Finance Director/City Treasurer of the City and the Managing Director and Executive
Officer of the System, or such other officials satisfactory to the Underwriter, and in form and
substance satisfactory to the Underwriter, to the effect that, to the best of their knowledge
and belief(A) the representations, warranties and covenants of the City contained herein are
true and correct in all material respects and are complied with as of the time of Closing, (B)
the information appearing in the Official Statement under the caption "THE SYSTEM:'
"COMBINED DEBT SERVICE REQUIREMENTS," and "I-llSTORICAL COVERAGE OF
MAXIMUM ANNUAL DEBT SERVICE BY THE SYSTEM NET REVENUES" has been
provided by the City specifically for inclusion therein and is true, correct and complete as of
its date, (C) except as described under the caption referred to in (B) above, since the date of
the audited financial statements contained in the Official Statement, there has been no material
adverse change in the financial condition of the System, and (0) the Official Statement did
not as of its date, and does not as of the date of Closing, contain any untrue statement of a
material fact or omit to state a material fact which should be included therein for the purposes
for which the Official Statement is to be used, or which is necessary in order to make the
statements contained therein, in light of the circumstances in which they were made, not
misleading (provided, that no opinion need be expressed regarding the information contained
therein relating to the Insurer or the Policy).
(viii) An opinion of Counsel to the Underwriter, addressed to the Underwriter, and
dated the date of Closing, substantially to the effect that, (A) with respect to the information
in the Official Statement and based upon said firm's participation in the preparation of the
Official Statement as Counsel to the Underwriter and without having undertaken to determine
independently the accuracy or completeness of the contents of the Official Statement, said
firm has no reason to believe that the Official Statement (except for the financial and statistical
data contained therein and the information relating to the Insurer or the Policy, as to which
no view need be expressed) contains an untrue statement of a material fact or omits to state
a material fact required to be stated therein or necessary to make the statements made therein,
in light of the circumstances under which they were made, not misleading, and (B) the Series
1997 Bonds are exempt from registration under the Securities Act of 1933, as amended, and
the Ordinance is exempt from qualification under the Trust Indenture Act of 1939, as
amended.
(ix) A certificate ofan authorized representative of (paying Agent] (the "Banklt),
as Registrar, Paying Agent and Escrow Agent to the effect that (A) the Bank is a state bank
duly organized, validly existing and in good standing under the laws of the United States of
America and is duly authorized to exercise trust powers in the State of Florida, (B) the Bank
has all requisite authority, power, licenses, permits and franchises, and has full corporate
power and legal authority to execute and perfonn its functions under the Ordinance and the
Escrow Deposit Agreement, (C) the perfonnance by the Bank of its functions under the
Ordinance and the Escrow Deposit Agreement will not result in any violation of the Articles
of Association or Bylaws of the B~ any court order to which the Bank is subject or any
12
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agreement, indenture or other obligation Of instrument to which the Bank is a party or by
which the Bank is bound. and no approval or other action by any governmental authority or
agency having supervisory authority over the Bank is required to be obtained by the Bank in
order to perform its functions under the Ordinance and the Escrow Deposit Agreement, (D)
the Escrow Deposit Agreement constitutes a valid and binding obligation of the Bank in
accordance with its terms, subject to applicable bankruptcy. insolvency, reorganization,
moratorium and other similar laws affecting creditors' rights generally and subject, as to
enforceability, to general principles of equity and (E) to the best of such representative's
knowledge, there is no action, suit.. proceeding or investigation at law or in equity before any
court, public board or body pending or, to his or her knowledge. threatened against or
affecting the Bank wherein an unfavorable decision, ruling or finding on an issue raised by any
party thereto is likely to materially and adversely affect the ability of the Bank to perfonn its
obligations under the Ordinance and the Escrow Deposit Agreement.
(x) An executed copy of the Escrow Deposit Agreement.
(xi) An executed copy of the verification report of [Verification Agent] as
described in the Official Statement under the heading "VERIFICATION OF
MATHEMATICAL COMPUT ATIONS."
(xii) The Policy issued by the Insurer.
(xiii) An opinion of general counsel to the Ir.surer or a certificate of an officer of the
Insurer dated the date of the Closing and addressed to the Underwriter, concerning the
Insurer, the Policy, and the information relating to the Insurer and the Policy contained in the
Official Statement. in form and substance satisfactory to Bond Counsel, the Underwriter and
Counsel to the Underwriter.
(xiv) A certificate of the Mayor deeming the Preliminary Official Statement Hfinar'
as of its date for purposes of Rule 15cZ-12;
(xv) A comfort letter or certificate of the Finance Director/City Treasurer of the
City relating to the period commencing October I, 1996 and continuing to the date of
Closing.
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(xvi) A letter of Fitch Investors Service to the effect that the Series 1997 Bonds
have been assigned a rating no less favorable than II n and a letter of Moody's Investors
Service to the effect that the Series 1997 Bonds have been assigned a rating no less favorable
than II ," both of which ratings shall be in effect as of the date of Closing.
(xvii) Such additional legal opinions. certificates, instruments and other documents
as the UndeIWriter may reasonably request to evidence the truth and accuracy, as of the date
hereofand as of the date of the Closing, ofthe City's representations and warranties contained
13
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herein and of the statements and information contained in the Official Statement and the due
performance or satisfaction by the City on or prior to the date of Closing of all the agreements
then to be performed and conditions then to be satisfied by it.
If the City shall be unable to satisfY the conditions to the obligations of the Underwriter to
purchase, to accept delivery of and to pay for the Series 1997 Bonds contained in this Bond Purchase
Contract and the Underwriter does not waive such inability in writing, or if the obligations of the
Underwriter to purchase, to accept delivery of and to pay for the Series 1997 Bonds shall be
terminated for any reason permitted by this Bond Purchase Contract, this Bond Purchase Contract
shalJ terminate, the good faith deposit described in Section 2 hereof shall be returned to the
Underwriter and neither the Underwriter nor the City shall be under any further obligation hereunder,
except that the respective obligations of the City and the Underwriter set forth in Section 9 hereof
shall continue in full force and effect.
9. Expenses. The Underwriter shall be under no obligation to pay, and the City shall
pay, any expense incident to the performance of the City's obligations hereunder including, but not
limited to: (a) the cost of preparation, printing and delivery of the Ordinance; (b) the cost of
preparation and printing of the Series 1997 Bonds; (c) the fees and disbursements of Bond Counsel
or Disclosure Counsel; (d) the fees and disbursements of the City's certified public accountants; ( e)
the fees and disbursements of any experts, consultants or advisors retained by the City; (0 fees for
bond ratings; (g) the fees and expenses of the Registrar, the Paying Agent, Escrow Agent,
Verification Agent and of their respective counsel; and (h) the costs of preparing, printing and
delivering the Preliminary Official Statement and the Official Statement and any supplements or
amendments thereto.
The Underwriter shall pay: (a) the cost of preparing, printing and delivery of this Bond
Purchase Contract; (b) the cost of all "blue sky" and legal investment memoranda and related filing
fees; (c) the fees and expenses of Counsel to the Underwriter; (d) all advertising expenses; and (e)
all other expenses incurred by them or any of them in connection with the public offering of the Series
1997 Bonds. In the event that either party shall have paid obligations of the other as set forth in this
Section 9, adjustment shall be made at the time of the Closing.
10. Notices. Any notice or other communication to be given to you under this Bond
Purchase Contract may be given by mailing the same to City of Clearwater, Florida, 1 00 South Myrtle
Ave., Clearwater, Florida 34616-5520, to the attention of Finance Director/ City Treasurer, and any
such notice or other communication to be given to the Underwriter may be mailed to [Underwriter
Address].
II. Parties in Interest. This Bond Purchase Contract is made solely for the benefit of
the City and the Underwriter and no other party or person shall acquire or have any right hereunder
or by virtue hereof. All your representations, warranties and agreements in this Bond Purchase
Contract shall remain operative and in full force and effect and shall survive the delivery of the Series
1997 Bonds.
14
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12. Waiver. Notwithstanding any provision herein to the contrary. the performance of
any and all obligations of the City hereunder and the performance of any and all conditions contained
herein for the benefit of the Underwriter may be waived by the Underwriter. in their sole discretion.
and, the approval of the Underwriter when required hereunder or the determination of their
satisfaction as to any document referred to herein shall be in writing, signed by an appropriate officer
or officers of the Underwriter and delivered to you.
13. No Liability. Neither the City Commission, nor any of the members thereof, nor any
officer. agent or employee thereof. shall be charged personally by the Underwriter with any liability.
or held liable to the Underwriter under any tenn or provision of this Bond Purchase Contract because
of its execution or attempted execution, or because of any breach or attempted or alleged breach
thereof.
14. Governing Law. This Bond Purchase Contract. and the terms and conditions herein,
shall constitute the full and complete agreement between the City and the Underwriter with respect
to the purchase and sale of the Series 1997 Bonds. This Bond Purchase Contract shall be governed
by and construed in accordance with the laws of the State of Florida.
Very truly yours,
(UNDER\VRlTER)
Title:
Accepted this . day of September, 1997.
CITY OF CLEARWATER, FLORIDA
ATTEST:
Mayor .
City Clerk
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SERIES 1997 BONDS
MATURITY SCHEDULE
Prindpal
Amt'lJnt
Interest Rat~
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EXHIBIT A
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EXHIBIT D
DISCLOSURE STATEMENT AND TRUTH-IN-BONDING STATEMENT
September _' 1997
City Council of the City of
Clearwater, Florida
Clearwater, Florida
Re: [Series 1997A..Bond Amount] City of Clearwater, Florida Gas System
Revenue Bonds, Series 1997A and [Series 19918 Bond Amount] City
. of Clearwater, Florida Gas System Revenue Refunding Bonds, Series
19978
Dear Council Members:
In connection with the proposed issuance by the City of Clearwater, Florida (the "City") of
(Series 1997A Bond Amount] Gas System Revenue Bonds, Series 1997A (the "Series 1997A
Bonds") and [Series 1997B Bond Amount] Gas System Revenue Refunding Bonds, Series 1997B
(the "Series 1997B Bonds")(collectively, the "Series 1997 Bonds"), [Underwriter] (the
"Underwriter") is underwriting a public offering of the Series 1997 Bonds.
The purpose of the following seven paragraphs of this letter is to furnish, pursuant to the
',provisions of Section 218.385(6), Florida Statutes, as amended, certain information in respect of the
arrangements contemplated for the purchase and sale of the Series 1997 Bonds, as follows:
,
(a) The nature and estimated amount of expenses to be incurred by the Underwriter in
connection with the purchase and re-offering of the Series 1997 Bonds are set forth in Schedule I
attached hereto.
(b) There are no "finders," as defined in Section 218.386. Florida Statutes, as amended,
connected with the sale and purchase of the Series 1997 Bonds.
(e) The underwriting spread, the difference between the price at which the Series 1997
Bonds win be initially offered to the public by the Underwriter and the price to be paid to the City for
the Series 1997 Bonds, exclusive of accrued interest, will be [ ] per $1,000 of Series 1997 Bonds
issued.
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(d) As part of the estimated underwriting spread set forth in paragraph (c) above, the
Underwriter will charge a management fee of [ ] per $) ,ODD of Series 1997 Bonds issued.
(e) No other fee, bonus or other compensation is estimated to be paid by the Underwriter
in connection with the issuance of the Series ) 997 Bonds to any person not regularly employed or
retained by the Underwnter (including any "finder" as defined in Section 218.3 86( I }(a), Florida
Statutes),.except as specifically enumerated as expenses to be incurred by the Underwriter, as set
forth in paragraph (a) above.
(1) The names and addresses of the Underwriter are:
The purpose of the following two paragraphs is to furnish, pursuant to the provisions of
Sections 218.385(2) and (3), Florida Statutes, as amended, the truth-in-bonding statement required
. thereby, as follows:
(a) The City is proposing to issue the Series 1997 Bonds to (i) in the case of the 1997 A
Bonds, finance the costs of certain additions, extensions, supplements or replacements of the existing
gas system owned and operated by the City (the "System") within Pinellas and Pasco Counties (the
"1997 Project"); (ii) in the case of the Series 1997B Bonds, advance refund a portion of the Series
1991 Bonds and all of the Outstanding Gas System Revenue Bonds, Series 1994A (the "Series 1994A
Bonds); (iii) fund the Reserve Requirement for the Series 1997 Bonds~ and (iv) pay the costs of
issuance of the Series 1997 Bonds. The obligations are expected to be repaid over a period of
approximately [ ] years. At the interest rates set forth on Exhibit A to the Bond Purchase Contract
to which this is attachedJ total interest paid over the life of the obligation will be approximately [
].
(b) The source of repayment or security of the Series 1997 Bonds is the Net Revenues
of the gas system of the City. Authorizing this debt win result in an average of approximately [
] of such Net Revenues not being available to finance other services of the City each year
for the tenn of the issue.
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The foregoing is provided for infonnation purposes only and shall not affect or control the
actual terms and conditions of the Series] 997 Bonds.
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Very truly yours,
[UNDERWRITER)
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SCHEDULE I
UNDERWRITER'S ESTIMATED EXPENSES
(Per $l,OOO of Series 1997 Bonds) .
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BXHIDIT B
PRBLIKINARY OPPICIAL STATEMENT
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PRELIMINARY OFFICIAL STATEMENT DATED
NEW ISSllE
BOOI(.EfII'TRY ONLY
,1997
B!1ina: Moody'.:
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(InwrrrllRlal"td
(S<< liRa linp" Iwrrin)
1/1 the opinion o/BondCollnsel ullde,.~xlsting laws, tYgIllaUonlandjlldlclal decisions InletYst on Ihe Stries 1997 Bonds Is excludl!d/rom gross Income/or
purposu o/ftdcm1/ncome laxation and the Series 1997 Beneb a~ exempl/rom all p~sent Intangible personal proprrty taxes Imposed pursuanl to Chapter
J 99, Florida S talUtts. S te, ho~tver 'Tax Exemption" "t~ilf /Or a description a/certain federal minimum and afire,. spec/a/toxes Ilral may afficl 1M lax
t~atmenl o/Inttrtst on lht! Series 1997 Bonds.
CITY OF CLEARWATER, FLORIDA
[Series I997A Bond AmountJIt (Series 1997B Bond Amount].
Gas System Revenue Bonds Gas System Revenue Refunding Bonds
Series 1997 A Series 19978
Dated: October 1, 1997 Due: September 1, as shown below
The CityofCIc.uwall:f, FlOOda, 0.. System RCVCIIIC Bonds, Series 1997A (\he "Scrial997A BondJ") alld Gu S)'Itcm R~ue Ref\llldins Bonda, Serla 19978 (l.hc
"ScricI1997D Benda") (tollectively, the "Scria 1997 Bonlb") an: beinG iatued in \he fonn of fully regillercd bonds and will be initially isJued lo and resi.tered in the name of Cede
a. Cd, as nominr.c fer1hc Dtposilory TMt Campany. Ntw York, NI:W Ycdt ("DTC"), whith will att II ~uritia dcpolitory for the 5cria 1997 Bond.. The Seri~ 1997 Bonds-ill
be available lo purthucTa in principal dcnominsliOl1J of Ss,oOO and inlegral multipla thtr~fundcr the booIt-entry .)'Ilem nuintJlned by DTC lhrough broken and deafen \dJO :arc,
Of ad ~ DTC PIrticlpanl&. Pwdwcn will ~ rcceiw physical dcliVCl)' of \he Smes 1997 BOIIds. For 10 long II allY purclwcr is the bcnelitial O\\l1cr of a Series 1997 Bond,
he IlUt tnaiwin III acoounl with a broker or dealer who u, Ql' atlllhfouab, a DTC Participant in order to n:ceive pa)'mcnt ofprinc:ipal of and inleresl on IUch Scri~ 1991 Bond. For
IJO bIs J& lhc book-aay syslCl'l\ il in elTeet Iny refm:mc lo I Bondholdtl'lll' Bondholdcn shall be dumed lo be Cccle a. Co. and not the benefitial O\\lltn of the Stria 1997 Bmds.
See "Book-Entry Only System" undtl' "DESCRJPllON OF TIlE SERIES 1997 BONDS." lnlc:n:st on the Seria 1997 Bonds is pa)'Jble Kmi.aMUJlly. tommcncinll Mm:h I, 1998,
ud cac:h Mm:h 1 ml~ 1 tb::rcafta. SmTnat Bank. Ccnlnl F1Drida, NatiOl\JI Astoc:ialion, Orlando, FtDrida, will ad u Paying Asent with reaped to the Scrics 1991 SaW,
The SaielI991 Bonds 1ft subject to optional and mandatory s1nldnl fund redemption prior to tbeir atatrd maturity under the trnns and conditions descriMd herrin.
The Scrica 19971knb wiD be i.ucd by the City CIC Clcarwat.cr, flOOda (the "City") lo (i) in the cue of the 1997A Bonds, finan<:e the COIill of ccrt.ailladditiom., Cldcmions,
~\an&::rtI er IqlIIc:cmcnb oflhc cxist.inS gu a)'ltem owntd and opcrak4 by the City (the "Syslem") within Pint/lu and Puco Countia (the "J 997 Projecl"); (ii) in the cue d!he
Scria 199m Bonds, advance n:fund a portion ofthc City'a Gu System Rcvc:uuc Bond., Stria 1991 (\he "1991 Bonell") and the City'l GII Systtm R~IIC Botxla, Scria ImA
(Ibt "1994ABonda");(iii) fUnd the R~ ^<<aunt in the Sinkins Fund 10..tisfy lhc RCXfVC Requirement for the Sma 1991 Bonds; and (iv) pay the cosll of iAllJfta: oftbc Scria
1997 Bclnd&. The Ci%ymay dcd to rcduoc Ib: toW:.x; or eliminate ill iu tntin:ty,lhc iaue of Smes 199m BOIld. depending upon the Icvt:l ofintc:n:sl nIt ..vinS' which tan be aebia-ed
J& thc taUlt of the refundins.
The Saia 1997 Bonda an: limited obtiplilllll of the City. payable solely from \he Net RcvcnUCI derived &om Ihc opcI'lIt.ion of the System, IS provided in 0nIinanc:c ~o.
5111.91 CIIId.cd bythc City Commiuim (the "Conuniaion") 01\ August 15, 1991 (\he "Original Ordinante"). IS amended and supp]cn\Cfited, inc]u.ding by Ordinantc No. 5665-94,
Ordinance No. 6030-96 and 0nIinancc No. 6118-97, and as aw':crna'kd by resolutions of the City. The Sma 1997 Bonds and lhc interest ~ ahall not be and shall not wmtilut.c
IJl i:ndcbtcdnca cllhl City ex- of'lhc Stale ofFloriib III" any po] itiul aubdivision thereof within tht meanihs of any Contlitutional, statutory, charter or other limiution of indebkdDeu,
&tJf ndlhcrlh: fUll tilth and l:~il nor ~ Wl:inS powCfJ ofthc: Slate ofFlllrida or the City an: pledged II sccwily for the pa)'lDCl\l. of Ihc pri!ll:ip.d of. redemption premium, if my. or
iN.tRst on the Series 1m BClJ\dj aod no boldti' or holden of any Scrial991 Bondi ahall ever have the right lo comptl\he eltcn:~ ofthc ad valllfCll1 taxillB po\\~ oflhc City, or
t.uJt.ion in any form or any ttJl propcrtJ therein to pay the: Sma 1997 Bonds or the interest thereon.
ThcSaia 1997Bondswil1bema parilymd m1k CI1JIlly, al to lien on and lOUfCe and sccwily forpaymcnl frnm the Net RcvcnllCS and in ~Il other mptdJ. with the 1991
Dmds and 1hc I!>>1ABcn!s \\bich uc rd rcfll1lkd with lhc protcodI orthc Series 19978 Bond. and the City'a Gas System Rl:\'enllC Bonds, Sma 1996, al more p.artic;ululy dcscnDcd
bc:mD
Pa)11lCltcithcpincipa1clmd intc:RSt on the Ser1al997 Bonds when due will be guarallteed under a mWlieip.a1 bond insuranc:e polic).to be iuued concuncnl1y with the
delivery oflh.c Smes 1991 Bonds by MalA Insunncc Cmpontion. See "'Mt.1'J',1CIPAL BOND INSURA.~CE" herein.
(MBIA Logo)
FOf'. dlscuuioa oUbe lmas Qld pnnislom ohuch polity, IlIdudiDr th~ Iimllations, set "MUNICIPAL 001\1> INSURANCE" htnln.
ThiI CIMl'pagc: ~ ca1Jin infClll"llol1im fer CjIIid;. rdcrcncc QIJy. II u not a aununary of the isJue. ~ must read the enlin: Official SIJlemcntlo llbtJin information
cucnt.iallo makina III infocrncd invcstmc:nl decision.
MATURITIES. AMOUI"fTS.INTF.R~~" RATES. PRICF_';' Arm YIF.f.D
M!!.vd!x
Principal
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Price or
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s
% Tc:nn Bonda Maturing _,20_ al Yield _ ~lo
The Series 1997 Bonds will be offend ~cn, al and if illllCd alld deli\'e:rCd to the UndCf\lnttl", aubject to approval of Bryant. ~ liller and Oli\'C, P.A.. Tall.lhusec, FJailb,
Bond CAmlello the City, oUId cctUill other tonditionJ. Certain lesalll\Jllen will be paucd llII for the Cily by ilJ City Attomq, Pamela K. Akin. Esquire and ill diJclOl\ll'C tcIUIISCl,
Nabon, Giblin .t. Nickcnoo, P.A., T.., f1orid.a. It u cxpecltd thaI the sma 1997 Bondi ill dtrlnitivc Conn will be available fill" deliYet)' in New York, New York, on or about
October . 1996.
Dated: October , 1997
.Prcliminary, subject to chilnge.
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. CITY OF CLEARWATER, FLORIDA
112 South Osceola Avenue
Clearwatert Florida 34616
CITY COMMISSION
Rita Garvey, Mayor~Con:unissioner
John B. Johnson, Jr. Commissioner
Ed Hooper. Commissioner
Robert Clark, Commissioner
. Karen Seel, Commissioner
CITY OFFICIALS
";
Michael J. Roberto, City Manager
Margaret Simmons, CPA, Finance Director/City Treasurer
Cynthia E. Goudeau, City Clerk
Charles S. Warrington, Jr., Managing Director &
Executive Officer, Clearwater Gas System
CITY ATTORNEY
Pamela K. Akin, Esquire
BOND COUNSEL
Bryant, Miller and Olive, P.A.
Tallahassee, Florida
" , ,
DISCLOS~ COUNSEL TO THE CITY
Nabors, Giblin & Nickerson, P.A.
Tamplly Florida.
FINANCIAL ADVISOR
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First Union Capital Markets Corp.
St. Petersburg, Florida
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No dealer, broker, salesperson or other person has been authorized by the City to give any
infonnation or to make any representations other than as contained herein, and, if given or made, such
information or representations must not be relied upon as having been authorized by any of the
foregoing. This Official Statement is not to be construed as a contract with the purchasers of the
Series 1997 Bonds. This Official Statement does not constitute an offer to sell or the solicitation of
an offer to buy, nor shall there be any sale of the Series 1997 Bonds by any person to make such
offer, soliCitation or sale. The infonnation set forth herein has been obtained from the City, [Insurer],
public documents, records and other sources which are believed to be reliable but is not guaranteed
as to accuracy or completeness by, and is not to be construed as a representation of the City with
respect to information provided by [Insurer]. The information and expressions of opinion stated
herein are subject to change without notice, and neither the delivery of this Official Statement nor any
sale made hereunder shall create, under any circumstances, any implication that there has been no
change in the affairs of the City since the date hereof or the earliest date as of which such infonnation
is given.
IN CONNECTION WITH TIllS OFFERING, THE UNDERWRITER MAY OVERALLOT
OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF
THE SERIES 1997 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE
PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COM1vfENCED, MAY BE
DISCONTINUED AT ANY TIME.
All sununaries herein of documents and agreements are qualified in their entirety by reference
to such documents and agreements~ and all summaries herein of the Series 1997 Bonds are qualified
in their entirety by reference to the form thereof included in the aforesaid documents and agreements.
NO REGISTRATION STATEMENT RELATING TO THE SERIES 1997 BONDS HAS
BEEN FILED WITH THE SECURITIES AND, EXCHANGE COMMISSION (TIlE
"COrv1MISSION") OR WITH ANY STATE SECURITIES COMMISSION. THE SERIES 1997
BONDS HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY
STATE SECURITIES COMMISSION, NOR HAS THE COlvfMISSION OR ANY STATE
SECURITIES COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS
OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A
CRIMINAL OFFENSE.
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TABLE OF CONTENTS
Page
INTRODUCTION ...,......."..........................,......,........... 1
PURPOSES OF SERIES 1997 BONDS ........................,............,.... 2
SERIES 1997 PROJECT . . . . . . . . . . . . . . , . . . . . . . . . . .'. . , . . . . . . . . . . . . . . . . . . , . . . . . . 2
ESTIMATED SOURCES AND USES OF FUNDS ......,..............,....,...... 3
DESCRIPTION OF THE SERIES 1997 BONDS ..... , . . . . , . . , . . . . . . , . . . . . . . . . . . . . . 4
General . t .. . , . . .. .. .. . . . . .. . . . .. .. , . ... .. I , t .. .. .. .. . .. . . .. .. . . .. . .. I . .. .. . .. .. t . .. I . , .. .. .. . . , ~ .. . 4
, Book-Entry Only System. . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . . . . , . . . . . . . 4
Redemption Provisions ........ '. . . . , . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . 6
Notice'ofRedemption .........,......,.......,...,................,....,.. 8
SOURCE OF PAYMENT AND SECURITY FOR THE SERIES 1997 BONDS .,.......,. 9
General ...... . . .. . III . .' . I . . .. .. . . .. ;, .. I I .. .. . . .. .. .. .. 't" . I . .. . + , . .. t . . . ... . : .. . , .. . , .. + , . . I . . 9
Debt Service Reserve Account . , . . . . . . , . , . , . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . 9
FLOW OF FlJNDS. . : . . . . . . . . , . . . . , . . . . , . . . . .., . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . '10
Establishment of Funds and Accounts ........,.............,...........,..... 10
. Priority of Flow of Funds . . . , . . . . . . , . . , , . . . . , . . . . . . . . . . . . , . . , . . . . . . . , . . . . . . 10
COVENANTS .......,......,................,...,...............,........ 12
Rate Covenant . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 12
Additional Parity Obligations .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 12
Operation and Maintenance ....... . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . , , . . . . . . . . . 14
. Operating Budget ........:..........,....................,.............. 14
Annual Audit . Ii .. . . .. . . . . .. . ;, . . .. ~ . .. , , . . . .. . .. . . ... . . . .. + .. .. .. .. ... . . . .. , . . .. .. , .. .. + .. . .. . .. " 14
No Mortgage or Sale of the System . . , . , . , , . , , . . . . '.' , . . , . , , . , . , , . , . . , . . . . , , . . 14
No Free Service . , . . . . . .. -to .. ;. . . .. , . . .. . . ... . . . . . . .. . . . . . , . 10 I .. . . .. . , I , .. , . . 4 4 , It. . , 15
Enforcement of Collections. . . . . . . . . . . , , . . . , . , . . . . . . , . . . . . . . , . . , . . . . . . . . . . . . 15
No Competing System, . , . . . . . . . . . . . , . . . . , , . , . , , . . . . . . . . . . . . . . . , . . , . . . . . , . 16
Unlawful Connection Prohibited ..,..........,."...."........,."......... 16
Amendment of the Ordinance. . . . , . . . . . , . . . . . . . . . . . . . . , , . . . , , . . . . . , . . . , . . . . , 16
TlIE SYSTEM . . . . . . , , , . . . . , . , . . . , . . . . . . , . . , , , . , . , . . . . . . . . . . . . . . . . , . , . . . . . 17
Physical Description. . , . . . . . , . . . , , , . . . . . . . . . . . . . , . . . . , . . . . . . . . . . . . , , . , . . . , 17
Management ........"..,....",...".."'....".,......,........,,..., 17
Gas Supply ..............,..,."....,..,......',..,.....,.'".,..".,., 18
Rates, Fees and Charges ......,....',.."........"'...,.......",,....... 19
SeMce Area ....... + .. t * 4 . 4 .. . .. . 4 . . .. . . . \. ~ .. . .. 4 . . 4 t .. t , . . t . . , . . t .. t .. 4 . .. .. . . .. .. . . . 20
Clearwater Gas Strategic Plan ........"...". . . , . . . . . . . , . . , , . . . . . . . . . . . . . . , 22
Future Projects .,. .. . , , . , . , . . . , . . . . . . . . , . . , . . , . . . . . . . . . . . . . , . . . . , , , . , . . . , 23
Pasco County Territorial Dispute . . . . . , . . . . . . . . . . . , , , . . . , , , . . . , , , . , . . . . . . . , . . 23
Environmental RemediationCosts; Environmental Imposition Rate Adjustment, . . . . . . . . 23
MUNICIPAL BOND INSURANCE .. . . , . , . . . . , , . . . . . . . , . . . . . , . , . . . . . . . . I . . . . . , 24
Rights Granted Insurer, . . , , . . . . . . . . . .. . . . . , , . , . . . . , . . , , . , . . , . . , . . . . . . . . . , . . 27
TIlE CITY AND PINELLAS COUNTY, . . . . . , . . . . . . . . . , . . . , . ,'. . . . . . , . , , . . . . . . . . 27
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COMBINED DEBT SERVICE REQUIRElvIENTS ................................ 28
HISTORICAL COVERAGE OF MAXIMUM ANNUAL DEBT SERVICE
BY THE SYSTEM NET REVENUES ..,...............................".,. 29
RA.TINGS ;. It. . . . ~ . . . . . . + . . . . .. ;. . . . . . t . . . t f . . . ;. .. . . , . . . . I . , I . I . . . .. . . t t . . ;. 4 ;. , 29
LEGALITY. . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
TAX.. EXEMPTION ................................,................,.,.... 30
UNDERWRITING . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . , . . 31
INVESTMENT POLICY OF THE CITY ..... . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . 31
VALIDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . , . , . . . . . . . . . . . ... . . . . 32
ENFORCEABILITY OF REMEDIES. . . . . . . . . . . . . . . , , . . , . . . . . . , . . . , . . . . . . . . . . . . 32
LITIGATION . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . . . . ~ . . . . . . . , , . . , . , . . , , . , . , . . 32
GENERAL PURPOSE FINANCIAL STATEMENTS ......,..........,............ 33
FINANCIAL ADVISOR. . . . . . . . . . . ... . . . . . . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . 33
ADVISORS AND CONSULTANTS ........................................... 33
CONTINUING DISCLOSURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
MISCELLANEOUS ........... . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . 34
AUTHORIZATION OF AND CER TlFICA TION
CONCERNING OFFICIAL STATEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . 34
APPENDIX A
GENERAL INFORMATION RELA lING TO THE CITY OF
CLEARWATER, FLORIDA
APPENDIX B - EXCERPTS FROM THE CITY OF CLEARWATER. FLORIDA GENERAL
PURPOSE FINANCIAL S1 A TEMENTS AND OTHER INFORMATION
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1996.
APPENDIX C
SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE
APPENDIX D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
APPENDIX E
FORM OF BOND COUNSEL OPINION
APPENDIX F
SPECIMEN BOND INSURANCE POLICY
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APPENDIX G
SCHEDULES OF RATES
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OFFICIAL STATEMENT
[Series 1997A Bond Amount}
Gas System Revenue Bonds
Series 1997A
(Series 1997B Bond Amountl
Gas System Revenue Refunding Bonds
Series 19978
INTRODUCTION
The purpose of this Official Statement) which includes its cover page and certain enclosed
Appendices) is to furnish information with respect to the issuance by the City of Clearwater) Florida
(the "Cityll) of its [Series 1997 A Bond Amount] Gas System Revenue Bonds) Series 1997 A (the
"Series 1997A Bonds") and [Series 1997B Bond Amount] Gas System Revenue Refunding Bonds,
Series 19978 (the "Series 1997B Bonds")(collectively, the IISeries 1997 Bonds").
The Series 1997 Bonds are being issued under the authority of and in full compliance with the
Constitution and laws of the State of Florida, including Chapter 166, Part II, Florida Statutes) as
amended and supplemented) the City Charter. as amended and supplemented) and other applicable
provisions oflaw. The Series 1997 Bonds are being issued more specifically pursuant to Ordinance
No. 5118-91 enacted by the City Commission of the City (the "Commission") on August 15, 1991
(the "Original Ordinance")) which authorized the issuance of Gas System Revenue Bonds, Series
1991 (the "Series 1991 Bonds"), as amended and supplemented and as further supplemented by
Ordinance No. 5665-94 adopted on September 1, 1994) Ordinance No. 6030-96 adopted on June 6,
1996 and Ordinance No. 6188-97 adopted on September 18, 1997, as further supplemented by a
resolution adopted on September 18) 1997 (as so supplemented. the "Authorizing Ordinancell) (the
Original Ordinance and the Authorizing Ordinance are collectively referred to as the ltOrdinance").
The Series 1997 Bonds are sped~ limited obligations of the City payable solely from the Net
Revenues derived from the operation of the System) as provided in the Ordinance on a parity with
the Series 1991 Bonds) of which [ ] will remain outstanding after the refunding from the
proceeds of the Series 19978 Bonds and with the Gas System Revenue Bonds, ~eries 1996 (the
U Series 1996 Bonds"), which are currently Outstanding in the aggregate principal amount of
$8)750,000 (such unrefunded Series 1991 Bonds and the Series 1996 Bonds hereinafter being
referred to as the "Parity BondsU), all as further described under the heading "Additional Parity
Obligations" herein.
Capitalized terms not otherwise defined in this Official Statement shall have the same
. meanings assigned to such tenns in the Summary of the Ordinance, which is set forth in Appendix
"C". The description of the Series 1997 Bonds, the Ordinance. and certain statutory provisions as
well as the information from various reports and statements contained in this Official Statement are
not comprehensive or definitive. All references to such documents) reports and statements are
qualified by the actual content of such documents) reports and statements, copies of which may be
obtained by contacting the Finance Director, City of Clearwater, Florida, 100 South Myrtle Avenue,
Clemvater, Florida 34616.
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PURPOSES OF SERIES 1997 BONDS
The Series 1997 Bonds are being issued by the City to (i) in the case of the 1997A Bonds,
finance the costs of certain additions, extensions, supplements Of replacements of the existing gas
system oWned and operated by the City (the "System") within Pinellas and Pasco Counties (the" 1997
Project II); (ii) in the case of the Series 1997B Bonds, advance refund a portion of the Series 1991
Bonds and all of the Outstanding Gas System Revenue Bonds, Series 1994A (the uSeries 1994.4.
Bonds); (iii) fund the ReselVe Requirement for the Series 1997 Bonds; and (iv) pay the costs of
issuance of the Series 1997 Bonds.
SERIES 1997 PROJECT
A portion of the proceeds from the sale of the Series 1997 A Bonds will be utilized by the City
for the additions, extensions, supplements or replacements of the existing gas system (the "System")
within Pinellas and Pasco Counties (the "1997 Projectll), The estimated cost of the 1997 Project is
$7,710,000 which will be funded from Series 1997A Bond proceeds.
The following chart shows the current components for the 1997 Project to be funded by the
Series 1997 A Bond proceeds, and the estimated costs of the components.
Series 1997 Project
AmOl,mt
Pinetlas County Gas Main & Service Extensions & LP , , . , . , . . . . . . , . . . . , . . . . $1,300,000.00
PineUas Improvements. . . . . . . . . . . . . . , . . , . . , . . . . . . . . , . . . . . . . . . . . . , . . . ., 370)000,00
Pinellas Relocation .,................"......,...."......,...,'..". 790)000.00
PinetIas Land. Building & Equipment. . . , . . . . . . . . . . . . . . , . . , , . , . , . . , . , . . . . 1)000,000,00
Pasco County Gas Main & Service Extensions and LP . , . . . , . . , . , . . , . , , . . , , , . 3)730,000,00
Pasco Land, Building and Equipment. . . . . . . . . . . . . . . . , , . . , , , . , . . . . , . . . . .. 520.000.OQ
Total net Capital Requirements ,........ . . , . . . , . . , . . . . . , , . , . . . , . . . . . . . $L."-IOrOQ9~~
For a further discussion of the System and the 1997 Project, see, "THE SYSTEM" herein.
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ESTIMATED SOURCES AND USES OF FUNDS
The proceeds to be received from the sale of the Series 1997 Bonds are expected to be
applied as follows:
Sources of Funds
. Principal Amount of Series 1997 Bonds
Total Sources ofFunds(l)
Uses of Funds
Deposit to Escrow Account to Advance Refund Prior Bonds
Deposit to the Series 1997 Construction Fund
Deposit to Interest Account (1)
Underwriter's Discount
. Costs oflssuance (2)
; ,
Total Uses of Funds
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(1). Does not include accrued interest from October It 1997.
(2) Incl~des the premium for the Municipal Bond Insurance Policy and Reserve Fund Surety.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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DESCRIPTION OF THE SERIES 199"1 BONDS
General
The Series 1997 Bonds will be issued in fully registered book-entry only form in authorized
denominations of$5.oo0 and integral multiples thereof and will be dated, will bear interest (payable
semi-annually on March 1 and September 1 of each year commencing March I. 1998) at the rates per
annum and will mature on the dates and in the amounts. all as set forth on the cover page of this
Official Statement. SunTrust Bank, Central Florida. National Association, Orlando, Florida, will act
as Paying Agent and Registrar with respect to the Series 1997 Bonds.
Book-Entry Only System
THE INFORMA nON IN THIS SECTION CONCERNING DTC AND DTC'S BOOK-
ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY BELIEVES
TO BE RELIABLE, BUT THE CITY TAKES NO RESPONsmn..ITY FOR THE
ACCURACY THEREOF.
The Depository Trust Company C'DTC"), New York, New York, will act as securities
depository for the Series 1997 Bonds. The Series 1997 Bonds will be issued as fully~registered bonds
registered in the name of Cede & Co. (DTC's partnership nominee). One fully registered bond for
each maturity of each Series will be issued for the Series 1997 Bonds, in the aggregate principal
amount of each such issue, and will be deposited with DTC.
DTe is a limited-purpose trust company organized under the New York Banking Law, a
"banking organization" within the meaning of the New York Banking Law, a member ~fthe Federal
ReselVe System, a "clearing corporationtl within the meaning of the New York Uniform Commercial
Code, and a "clearing agency'. registered pursuant to the provisions of Section 17 A of the Securities
Exchange Act of 1934. DTC holds securities that its participants (the llParticipants") deposit with
DTC. DTC also facilitates the settlement among Participants of securities transactions, such as
transfers and pledges, in deposited securities through electronic computerized book-entry changes
in Participants' accounts, thereby eliminating the need for physical movement of securities certificates.
Direct Participants (the "Direct Participantsll) include securities brokers and dealers, banks, trust
companies, clearing corporations and certain other organizations. DTC is owned by a number of its
Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc.
and the National Association of Securities Dealers, Inc. Access to the DTC system is also available
to others such as securities brokers and dealers. banks and trust companies that clear through or
maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect
Participants"). The rules applicable to DTC and its Participants' are on file with the Securities and
Exchange Commission.
Purchases of the Series 1997 Bonds under the DTC system must be made by or through
Direct Participants. which will receive a credit for the Series 1997 Bonds on DTe's records. The
ownership interest of each actual purchaser of each Series 1997 Bond (the IIBeneficial Owner") is in
turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not
receive written confinnation from DTC of their purchase, but Beneficial Owners are expected to
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receive written confirmations providing details of the transaction, as well as periodic statements of
their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered
into the transaction. Transfers of ownership interests in the Series 1997 Bonds are to be
accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners.
Beneficial Owners will not receive certificates representing their ownership interests in the Series
1997 Bonds, except in the event that use of the book~entry system for the Series 1997 Bonds is
discontinued.
To facilitate subsequent transfers. all Series 1997 Bonds deposited by Participants with DTC
are registered in the name of DrC's partnership nominee, Cede & Co. The deposit of Series 1997
Bonds with DTe and their registration in the name of Cede & Co. effect no change in beneficial
ownership. DTe has no knowledge ofthe actual Beneficial Owners of the Series 1997 Bonds; DTC's
records reflect only the identity of the Direct Participants to whose accounts such Series 1997 Bonds
are credited, which mayor may not be the Beneficial Owners. The Participants will remain
responsible for keeping account of their holdings on behalf of their customers.
For every transfer and exchange of the Series 1997 Bonds, the Beneficial Owner may be
charged a sum sufficient to cover any tax. fee or other governmental charge that may be imposed in
relation thereto.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be governed by arrangements among them, subject to any statutory or regulatory
requirements as may be in effect from time to time. Redemption notices shall be sent to Cede & Co.
If less than all of the Series 1997 Bonds within an issue are being redeemed, DTe's practice is to
detennine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. will consent or vote with respect to Series 1997 Bonds. Under its
usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date.
The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to
whose accounts the Series 1997 Bonds are credited on the record date (identified in a listing attached
to the Omnibus Proxy).
Principal and interest payments on the Series 1997 Bonds will be made to DTC. DTC's
practice is to credit Direct Participants' accounts on each payment date in accordance with their
respective holdings shown on DTe's records unless DTC has reason to believe that it will not receive
payment on such payment date. Payments by Participants to Beneficial Owners will be governed by
standing instructions and customary practices, as is the case with securities held for the accounts of
customers in bearer form or registered in "street name," and will be the responsibility of such
Participant and not of DTC, the Paying Agent or the City, subject to any statutory or regulatory
requirements as may be in effect from time to time. Payment of principal and interest to DTC is the
responsibility of the City or the Paying Agent, disbursement of such payments to Direct Participants
shall be the responsibility ofDTC and disbursement of such payments to the Beneficial Owners shall
be the responsibility of Direct and Indirect Participants.
The City cannot and does not give any assurances that DTC, Participants or others will
distribute payments of principal of or interest on, or any premium on the Series 1997 Bonds paid to
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DTe or its nominee, as the registered owner, or any redemption (if applicable) or other notices, to
the Beneficial Owner or that they will do so on a timely basis or will service and act in a manner
described in this Official Statement. Neither the City, the Bond Registrar nor the Paying Agent is
responsible or liable for the failure ofDTC, Participants or others to make any payment or give any
notice to a Beneficial Owner in respect of the Series 1997 Bonds or any error or delay relating
thereto.
When reference is made to any action which is required or permitted to be taken by the
Beneficial Owners, such reference shall only relate to those pennitted to act (by statute, regulation
or otherwise) on behalf of such Beneficial Owners for such purposes. When notices are given, they
shall be sent by the City. the Bond Registrar or the Paying Agent, as applicable, only to DTC.
OTe may discOntinue providing its services as securities depository with respect to the Series
1997 Bonds at any time by giving reasonable notice to the City or the Paying Agent. Under such
circumstances, in the event that a successor securities depository is not obtained, the Series 1997
Bonds are required to be printed and delivered. The City may decide to discontinue use of the system
of book-entry transfers through DTC (or a successor securities depository). In that event) the Series
1997 Bonds will be printed and delivered.
In the event ofan insolvency ofOTe, ifDTC has insufficient securities in its custody (e.g..
due to theft or loss) to satisfY the claims of its Participants with respect to deposited securities and
is unable by application of (i) cash deposits and securities pledged to DTe to protect DTe against
losses and liabilities~ (ll) the proceeds of insurance maintained by OTe and/or its Participants; or (Hi)
other resources, to obtain securities necessary to eliminate the insufficiency, no assurance can be
given that Participants win be able to obtain all of their deposited securities.
Redemption Provisions
Optional Redemption. The Series 1997 Bonds maturing prior to or on September 1, are
not subject to redemption prior to their maturity date. The Series 1997 Bonds maturing after
September 1, are subject to redemption at the option of the City prior to maturity on or after
September 1, , in whole at any time, or in part from time to time on any interest payment date, in
such manner as shall be detennined by the City at the redemption prices expressed as percentages of
the principal amount of such Series 1997 Bonds to be redeemed, as set forth below, together with
accrued interest to the date fixed for redemption:
Redemption Periods (Both Dates Inclusive)
Redemption Price
Mandatory Sinking Fund Redemption of the Series 1997 Term Bonds Maturing
September 1, . The Series 1997 Bonds maturing on September 1, are subject to mandatory
sinking fund redemption by funds deposited in the Bond Amortization Account in the Sinking Fund
prior to maturity in part, by lot at a redemption price equal to their principal amount and the accrued
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interest on each September 1 in the years and amounts set forth below at a redemption price equal
to 100% of the unpaid principal amount of such Series 1997 Bonds being redeemed plus accrued
interest thereon to the date fixed for redemptionJ without premium:
fiaI
Principal
Amount
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· Final Maturity
Money held for the credit of the Bond Amortization Account is required to be applied to the
retirement of term obligations as follows:
(1) Subject to the provisions of paragraph (3) below. the City may purchase Term Bonds
then outstanding at the most advantageous price obtainable with reasonable diligence. such price not
to exceed the principal of such Term Bonds plus the accrued interest to the date of delivery thereof.
The City is required to pay the interest accrued on such Term Bonds to the date of delivery thereof
from the Interest Account and the purchase price from the Bond Amortization Account, but no such
purchase may be made by the City within the period of 45 days immediately preceding any interest
payment date on which Term Bonds are subject to call for redemption, except from money in excess
of the amounts set aside or deposited for the redemption of Term Bonds.
(2) Subject to the provisions of paragraph (3) below, whenever sufficient money is on
deposit in the Bond Amortization Account to redeem $5JOOO or more principal amount of Term
Bonds, the City may call for redemption from money in the Bond Amortization Account such amount
of Term Bonds then subject to redemption aSJ with the redemption premium, if any, will exhaust the
money then held in the Bond Amortization Account as nearly as may be practicable. Prior to calling
Tenn Bonds for redcmptio~ the City is required to withdraw from the Interest Account and from the
Bond Amortization Account and set aside in separate accounts or deposit with the paying agents the
respective amounts required for paying the interest on and the principal of and redemption premium
applicable to the Term Bonds so called for redemption.
(3) Money in the Bond Amortization Account is required to be applied by the City in each
fiscal year to the retirement ofTenn Bonds then outstanding in the following order:
(a) The Term Bonds of each series of Bonds. to the extent of the Amortization
Installment. if any, for such Fiscal Year for the Term Bonds of each such series then
. outstandingJ plus the applicable premium. jf any, andJ if the amount available in such Fiscal
Year shall not be sufficient therefor, then in proportion to the Amortization Installment. if
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any, for such Fiscal Year for the Term Bonds of each such series then outstanding. plus the
applicable premium, ifany; provided, however, that if the Term Bonds of any such series are
not then subject to redemption from money in the Bond Amortization Account and if the City
is at any time unable to exhaust the money applicable to the Term Bonds of such series under
the provisions of this clause or in the purchase of such Term Bonds under the provisions of
paragraph (1) above. such money or the balance of such moneYt as the case may be, must be
retained in the Bond Amortization Account and, as soon as it is feasible, applied to the Term
Bonds of such series; and
(b) Any balance then remaining, other than money retained under the first clause
of this paragraph (3)t is required to be applied to the retirement of such Term Bonds as the
City in its sole discretion determines, but only, in the case of the redemption ofTenn Bonds
of any series, in such amounts and on such terms as may be provided in the resolution or
ordinance authorizing the issuance of the obligations of such series.
The City is required to pay from the Sinking Fund all expenses in connection with any such
purchase or redemption.
Notice of Redemption
As long as the book~entry.only system is used for detennining beneficial ownership of the
Series 1997 Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co. win be
responsible for notifying the DTC Participants, who will in turn be responsible for notifying the
Beneficial Owners. Any failure of Cede & Co. to notifY any DTC Participant, or of any DTC
Participant to notifY the Beneficial Owner of any such notice, will not affect the validity of the
. redemption of the Series 1997 Bonds. See "DESCRIPTION OF THE SERIES 1997 BOND ~Book-
Entry-Only System" for a description ofDTe Participants and Beneficial Owners.
In the event of the discontinuance of the book-entry only system, notice of redemption will
be given by the Registrar (who shall be the Paying Agent for the Series 1997 Bonds, or such other
person, finn or corporation as may from time to time be designated by the City as Registrar for the
Series 1997 Bonds) by mailing a copy of the redemption notice by first-class mail (postage prepaid)
not more than thirty (30) days and not less than fifteen (15) days prior to the date fixed for
redemption to the Registered Owner of each Series 1997 Bond to be redeemed in whole or in part
at the address shown on the registration books. Failure to give such notice by mailing to any
Registered Owner of Bonds, or any defect therein, shaH not affe~ the validity of any proceeding for
the redemption of other Bonds. All Series 1997 Bonds or portions thereof so called for redemption
will cease to bear interest after the specified redemption date provided funds for their redemption are
on deposit at the place of payment at that time.
Upon surrender of any Series 1997 Bond for redemption in part only, the City shaH issue and
deliver to the Registered Owner thereof, the costs of which shall be paid by the Registered Owner,
a new Series 1997 Bond or Series 1997 Bonds of authorized denominations in aggregate principal
amount equal to the unredeemed portion surrendered.
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SOURCE OF PAYMENT AND SECURITY
FOR THE SERIES 1997 BONDS
General
The principal of, redemption premium, if any, and interest on the Series 1997 Bonds are
payable from the Net Revenues equally and ratably with each other and the Parity Bonds. The Series
1997 Bonds and the Parity Bonds are secured by a first and prior lien on the Net Revenues derived
from the operation of the System deposited in the Sinking Fund created and established under the
Ordinance and from monies and investments deposited in certain funds and accounts established by
the Ordinance and earnings thereon.
The Series 1997 Bonds shall not constitute an indebtedness, liability, general or moral
obligation, or a pledge of the faith. credit or taxing power ofthe City, 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 City shall be
obligated (1) to levy ad valorem taxes on any property to pay the principal of the Series 1997
Bonds. the interest thereon. or other costs incidental thereto or (2) to pay the same from any
otber funds of the City except from the Net Revenue5t in the manner provided in the
Ordinance.
The Series 1997 Bonds shall not constitute a lien upon the System, or any part thereof, or on
any other property of the City, but shall constitute a first and prior lien only on the Net Revenues in
the manner provided in the Ordinance.
UNet Revenues" is defined in the Ordinance to mean Gross Revenues less the Cost of
Operation and Maintenance. "Gross Revenues" means all monies received from rates, fees, rentals
or other charges or income derived from the investment offunds, unless otherwise provided in the
Ordinance, by the City or accruing to it in the operation of the System, all calculated in accordance
with sound accounting practice. "Cost of Operation and Maintenance" of the System means all
current expenses, paid or accrued, for the operation, maintenance and repair of all facilities of the
System, as calculated in accordance with sound accounting practice and includes, without limiting
the generality of the foregoing, insurance premiums, administrative expenses of the City 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 cxtraordinalY repairs or any allowance for
depreciation. The Bonds are further secured by a prior lien on and pledge of the monies and
investments deposited in the Funds and Accounts established by the Ordinance except for monies and
investments deposited in the Operation and Maintenance Fund and the Rebate Fund.
Debt Service Reserve Account
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FLOW OF FUNDS
Establishment of Funds and Accounts
The following Funds and Accounts have been established pursuant to the Ordinance:
Revenue Fund
Operation and Maintenance Fund
Construction Fund
Sinking Fund
Interest Account
Principal Account
Reserve Account
Bond Amortization Account
Renewal and Replacement Fund
A separate subaccount is required to be maintained in the Reserve Account for the Series
1997 Bonds.
Priority of Flow of Funds
The entire Gross Revenues, except the income from investments (hereinafter discussed),
derived from the operation of the System must be deposited in the Revenue Fund. The Revenue Fund
constitutes a trust fund for the purpose provided in the Ordinance, and must be kept separate and
distinct from all other funds of the City and used only for the purposes and in the manner provided
in the Ordinance.
All revenues at any time remaining on deposit in the Revenue Fund must be disposed of on
or before the fifteenth (15th) day of each month only in the following manner and in the following
order or priority:
1. Revenues must first be used to deposit in the Operation and Maintenance Fund. such
sums as are necessary for the Cost of Operation and Maintenance for the next ensuing month.
2. Revenues must next be used for deposit into the Interest Account, such sums as will
be sufficient to pay one-sixth (1/6) of all interest becoming due on the Series 1997 Bonds and the
Parity Bonds on the next semi-annual interest payment date.
3. Revenues must next be used for deposit into the Principal Account. in any bond year
in which a Serial Bond matures, such sums as will be sufficient to pay one-twelfth (1112) of the
principal maturing on Serial Bonds in such year.
4. Revenues must next be used for deposit into the Bond Amortization Account in any
bond year in which an Amortization Installment is due, such sums as will be sufficient to pay one-
twelfth (1/12) of the Amortization Installment required to be made in such year. Such payment will
be credited to a separate special account for each series ofTenn Bonds outstanding, and if there is
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more than one stated maturity for Teon Bonds of a series. then into a separate special account in the
Bond Amortization Account for each such separate maturity of Term Bonds. The funds and
investments in each such separate account are pledged solely to the payment of principal of the Term
Bonds of the series or maturity within a series for which it is established and will not be available for
payment, purchase or redemption ofTerrn Bonds of any other series or within a series. or for transfer
to any other account in the Sinking Fund to make up any deficiencies in required payments therein.
Moneys on deposit in each of the separate special accounts in the Bond Amortization Account
are required to be used for the open market purchase or the redemption of Term bondsJ pursuant to
the Ordinan~ of the series or maturity ofTenn Bonds within a series for which such separate special
account is established or may remain in said separate special account and be invested until the stated
date of maturity of the Term Bonds.
The required deposits to the Principal Account. Interest Account and Bond Amortization
Account arc required to be adjusted in order to take into account the amount of money currently on
deposit therein.
5. Revenues must next be applied by the City to maintain in each subaccount in the
Reserve Account a sum equal to the Reserve Requirement. jf any. for any subsequent year on each
series of Bonds, which sum will initially be deposited therein from the proceeds of the sale of the
Series 1997 Bonds and other funds of the City. To the extent the City determines pursuant to a
subsequent resolution to fund a subaccount within the Reserve Account for a respective series of
Bonds, the City may provide that the difference between the amounts on deposit in such subaccount
and the Reserve Requirement for such series of Bonds shall be an amount covered by obtaining bond
insurance issued by a reputable and recognized municipal bond insurer, by a surety bond. by a letter
of credit or any combination thereof or by such other fonn of credit enhancement as shall be approved
by a resolution of the City adopted prior to the issuance of the series of Bonds for which such
subaccount is established. Such resolution may also provide for the substitution of such credit
enhancement. Bond insurance, a surety bond, a letter of credit or any combination thereof or such
other form of credit enhancement may in the future be deposited in the subaccount in the Reserve
Account for any Series of Bonds as may be approved by subsequent resolution ofthe City. provided
that the provider of such credit enhancement is then rated in one of the two highest rating categories
(without regard to gradation) by Fitch and Moody's Investors Service, Inc.
Any withdrawals from any subaccount in the Reserve Account are required to be subsequentJy
restored from the first moneys available in the Revenue Fund on a pro rata basis as to a1l subaccounts
in the Reserve Account after all required current payments for the Operation and Maintenance Fund
and Sinking Fund (including all deficiencies in prior payments to those Funds) have been made in full.
Notwithstanding any provision of the Ordinance to the contrary, moneys in each subaccount
in the Reserve Ar.count may be used only for the purpose of the payment of maturing principal of or
interest or making jJ~ortization Installments on the Bonds for which such subaccount was established
when the other moneys in the Sinking Fund are insufficient therefor~ and for no other purpose
inCluding the payment of any other series of Bonds.
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In the event of the refunding of any series of Bonds, the City may withdraw from the
subaccount within the Reserve Account for such series of Bonds, all or any portion of the amounts
accumulated therein with respect to the Bonds being refunded and deposit such amounts as required
by the resolution authorizing the refunding of such series of Bonds.
6. The City must next deposit into the Renewal and Replacement Fund an amount equal
to one-twelfth (1/12) ofan amount equal to 5% of prior years Gross Revenues; provided, however,
that so long as there shall be on deposit in such Renewal and Replacement Fund a balance of at least
$300,000, no additional deposits in such Fund are required. The moneys in the Renewal and
Replacement Fund may be used only for the purpose of paying the cost of extensions, enlargements
or additions to, or the replacement of capital assets of the System and emergency repairs thereto.
Such moneys on deposit in such Fund are also required to be used to supplement the Reserve
Account if necessary, in order to prevent a default in the payment of the principal or Amortization
Installments of and interest on the Bonds.
7. The balance of any moneys remaining in the Revenue Fund after the above required
payments have been made may be used by the City for any lawful purpose.
8. The Operation and Maintenance Fund, the Sinking Fund, the Renewal and
Replacement Fund, the Revenue Fund, and all accounts therein and any other special funds
established and created under the Ordinance constitute trust funds for the purposes provided in the
Ordinance for such funds. All such funds shall be continuously secured in the same manner as City
deposits are authorized to be secured by the laws of the State of Florida.
COVENANTS
Rate Covenant
In and by the Ordinance, the City has covenanted that it will fix, establish, revise from time
to time whenever necessary, maintain and collect always, such fees, rates, rentals and other charges
for the use of the product, services and facilities of the System which win always provide Revenues
in each year sufficient to pay, and out of such funds pay, 100% of the Cost of Operation and
Maintenance of the System in such year and all reserve and other payments provided for in the
Ordinance and 125% of the Bond Service Requirement due in such year on aU outstanding Bonds.
The City has covenanted that such rates, fees, rentals, or other charges shall not be reduced so as to
be insufficient to provide Revenues for such purposes.
Additional Parity Obligations
Additional Parity Obligations, payable on a parity from Net Revenues of the System with the
Series 1997 Bonds and the Parity Bonds, may be issued after the issuance of the Series 1997 Bonds,
for construction and acquisition of additions, extensions and improvements to the System or for
refunding purposes and upon the following conditions:
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1, The Net Revenues derived or which would have been derived, jf adjusted as set forth
below, from the System, either during the immediately preceding Fiscal Year, during any twelve (12)
consecutive calendar months of the eighteen (18) calendar months immediately preceding the sale of
the proposed Additional Parity Obligations or during the last twelve (12) month period for which the
. City has audited financial statements for the System, at the option of the City, shall have been not less
than 125% of the Maximum Bond Service Requirement which will become due in any calendar year
thereafter on (a) the Series 1997 Bonds then Outstanding, (b) any Additional Parity Obligations
issued and then Outstanding (including the Parity Bonds). and (c) the Additional Parity Obligations
then proposed to be issued.
In determining the amount orNet Revenues for the purposes of paragraph (1) above, the
Consulting Engineers may adjust the Net Revenues by adding thereto the following:
a. The Net Revenues (computed for such utility on the same basis as net revenues
are computed for the System) of any gas utility which the City shall have acquired prior to the
issuance of such Additional Parity Obligations or which the City shall be acquiring from
proceeds of such Additional Parity Obligations; and
b. In the event a change has been made in the rate schedules for services from
the System prior to the issuance of the proposed Additional Parity Obligations for a part of
such 12 month period referred to in (1) above, and such change has resulted in an increase
in Net Revenues, such amount of addition~ Net Revenues which the consulting Engineers
estimated would have been received by the City during such 12 month period if such change
in such rate schedule had been in effect during the entire 12 month period; and in the event
a change has been made in the rate schedules for services from the System prior to the
issuance of the proposed Additional Parity Obligations for a part of such 12 month period
referred to in (1) above, and such change has resulted in a decrease in Net Revenues, by
subtracting therefrom such amount of the Net Revenues which the Consulting Engineers
estimate would not have been received by the City during such 12 month period referred to
in (1) above, if such change in such rate schedule had been in effect during the entire 12
month period.
2. Each resolution or ordinance authorizing the issuance of Additional Parity Obligations
will recite that all of the covenants contained in the Ordinance will be applicable to such Additional
Parity Obligations,
3. The City shall not be in default in performing any of the covenants and obligations of
the Ordinance, if all payments required to have been made into the accounts and funds, as provided
in the Ordinance. shall have been made to the full extent required.
The City currently has outstanding its Gas System Revenue Bonds, Series 1991 of which
[$1,359.390.00] will remain outstanding after giving effect to the refunding from the proceeds of the
Series 1997B Bonds and its Gas System Revenue Bonds. Series 1996A which are currently
Outstanding in the aggregate principal amount of $8.750,000. The Strategic Plan for the System
. projects that Additional Parity Obligations of up to [Future System Bonds] may be issued through
2002,
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Operation and Maintenance
The City covenants it will maintain the System and all parts thereof in good condition and will
operate the same in an efficient and economical manner making such expenditures for equipment and
for renewals, repairs and replacements as may be proper for the economical operation and
maintenance thereof.
Operating Budget
The City covenants to annuaJJy prepare and adopt prior to the beginning of each ofits Fiscal
Years, a detailed budget or budgets of the estimated expenditures for the operation and maintenance
of the System during such next succeeding Fiscal Year.
Annual Audit
At least once a year, within six months after the close ofits Fiscal Year. the City covenants
to cause the books. records and accounts relating to the System to be properly audited by a
recognized independent firm of certified public accountants.
No Mortgage or Sale of the System
The City has covenanted not to sell, lease, mortgage, pledge or otherwise encumber the
Systetl\ or any substantial part thereot; or any revenues to be derived therefrom, except as described
below.
Notwithstanding the foregoing., the City has reserved the right to sell, Jease or otherwise
dispose of any of the property comprising a part of the System which the City hereafter determines,
in the manner provided in the Ordinance. to be no longer necessary, useful or profitable in the
operation of the System. Prior to any such saJe. lease or other disposition of said property, if the
amount to be received therefor is not in excess of$50.000. the City Manager of the City or other duly
authorized officer in charge thereof is required to make a finding in writing determining that such
property comprising a part. of the System is no longer necessary) useful or profitable in the operation
thereof.
If the amount to be received from such sale) lease or other disposition of said property is in
excess ofS50,000 but not in excess of$100.000 such City Manager or other officer is required to
first make a finding in writing determining that such property comprising a part of the System is no
longer necessary, useful or profitable in the operation thereof: and the governing body of the City
must, by resolution or ordinance duly adopted, approve and concur in the finding of such City
Manager or other officer, and authorize such sale, lease or other disposition of said property.
If the amount to be received from such sale. lease or other disposition of said property is in
excess of$loo.ooo but not in excess of 10% of the value of fixed assets of the System according to
the most recent annual audit report, such City Manager or other officer must first make a finding in
writing detennining that such property comprising a part of the System is no longer necessary, useful
or profitable in the operation thereof: and the Consulting Engineer must make a finding that it is in
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the best interest of the System that such property be disposed of, and the governing body of the City
must by resolution or ordinance. duly adopted, approve and concur in the findings of such City
Manager or other officer and of the Consulting Engineer, and authorize such sale, lease or other
disposition of said property.
Anything in this section to the contrary notwithstanding, nothing restricts the governing body
of the City or. to the extent such authority has been vested in the City Manager by such governing
body, the City Manager in exercising discretion, from authorizing the sale or other disposition of any
of the property comprising a part of the System, if the Consulting Engineer certifies that the Net
Revenues of the System will not be materially adversely affected by reason of such sale or disposition.
Such proceeds must be placed in the Renewal and Replacement Fund or used for the
retirement of outstanding Bonds, in such proportions to be detennined by the governing body of the
City upon the recommendations of the City Manager. The payment of such proceeds into the
Renewal and Replacement Fund does not reduce the amounts required to be paid into such Fund by
other provisions of the Ordinance.
Anything in this section to the contrary notwithstanding, nothing prohibits the City from
transferring ownership of the System to another governmental entity in accordance with the
Ordinance without complying with the provisions described in this section.
No Free Service
The City has covenanted in the Original Ordinance that it will not render or cause to be
rendered any free services of any nature by the System. nor will any preferential rates be established
for users of the same class. Whenever the City, including its departments) agencies and
instrumentalities, avails itself of the product) facilities or services provided by th~ System, or any part
thereot: the same rates, fees or charges applicable to other customers receiving like services under
similar circumstances must be charged to the City and any such department, agency or instrumen-
tality. Such charges must be paid as they accrue, and the City shall transfer from its general funds
to the Revenue Fund sufficient sums to pay such charges. The revenues so received will be deemed
to be Revenues derived from the operation of the Systcm, and will be deposited and accounted for
in the same manner as other Revenues derived from such operation of the System.
Consistent with the foregoing, to the extent that certain marketing and sales programs may
involve incentives to customers (other than free encrgy service). expenses of such incentives are paid
by charges against appropriate marketing and sales expenses of the System.
Enforcement of Collections
The City has covenanted to enforce and collect the rates, fees and other charges for the
services and facilities of the System pledged under the Ordinance; to take aU steps, actions and
proceedings for the enforcement and collection of such rates, charges and fees as shall become
delinquent to the full extent permitted or authorized by law; and to maintain accurate records with
respect thereof. All such fees, rates, charges and revenues pledged pursuant to the Ordinance win,
as collected, be held in trust to be applied as provided in the Ordinance.
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The City will, under reasonable rules WId regulations, to the full extent permitted by law, shut
off the connection ofWlY users of the System for non-payment of fees, rentals and other charges for
the setvices of the System and will not furnish him or permit him to receive from the System further
service until all obligations owed by him to the City on account of services have been paid in full.
No Competing System
To the full extent pennitted by law, the City has covenanted not to hereafter grant, or cause,
consent to, or allow the granting o~ any franchise or pennit to any person, firm.. corporation or body,
or agency or instrumentality whatsoever, for the furnishing of competing gas services to or within the
boundaries of the service area of the City; provided, however, that if the Gas System Manager renders
an opinion that it would not be feasible for the City to provide such services to any specific area
within the three years succeeding a request to provide such service, the City may authorize or allow
the granting of such franchise or permit for such area upon such terms and conditions as it may
approve.
UnlawCul Connection Prohibited
The City has enacted an ordinance making it unlawful for any person or persons to tamper
with, change or make any connection with the System without the written consent of the City, or to
make any reconnection with the System when service has been discontinued for delinquent charges,
until such delinquent charges have been paid in full, including interest, reasonable penalties and
reconnection charges. The City will diligently, to the full extent pennitted by law, enforce this
covenant and prosecute any person violating the provisions of this covenant or any penal ordinance
relating to the same.
Amendment of the Ordinance
In the Ordinance, the City has reserved the right to amend or supplement the Ordinance for
certain purposes without the consent of Bondholders if the amendment or supplement does not
adversely affect the rights of Bondholders. Otherwise, no material modification or amendment of the
Ordinance may be made without the consent in writing of the Holders offifty-one percent or more
of the principal amount of the Bonds of each Series so affected and then outstanding. For purposes
of the foregoing, to the extent that Bonds of any Series are secured by a Credit Facility and such
Bonds are then rated in one of the two highest rating categories (without regard to gradation) by
either Fitch or Moody's Investors Service, Inc., or successors and assigns, then the consent of the
Credit Facility issuer will be deemed to constitute the consent of the Bondholders of such Series and
in such case no consent of the Bondholders of such Series is required. Notwithstanding the
foregoing, no modification or amendment of the Ordinance may permit a change in the maturity of
such Bonds or a reduction in the rate ofinterest thereon or in the amount of the principal obligation
thereof or affecting the promise of the City to pay the principal of and intere!l1 on the Bonds as the
same become due from the Net Revenues of the System or reduce the percentage of the Bondholders
required to consent to any material modification or amendment of the Ordinance without the consent
of the Bondholders of all such obligations.
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THE SYSTEM
Physical Description
The Clearwater Gas System (the "System") began operations in the mid-1920's with the
production, distribution and sale of manufactured gas. The System was converted to natural gas in
1959 when Florida Gas Transmission (FGT) extended pipelines into Florida. The System also
provides propane (LP) service in areas where natural gas mains have not yet been extended. In
addition to serving the City of Clearwater, the System has expanded into, and has franchise
agreements with, the cities of Belleair) Belleair Beach, Belleair Bluffs, Belleair Shores, Dunedin,
Indian Rocks Beach) Largo, New Port Richey, Oldsmar, Port Richey, Safety Harbor) and Tarpon
Springs. The System also services the unincorporated area between these cities. The franchise
agreements expire respectively in 2020, 2003, 2002, 2027, 2020, 2018) 2000, 2025, 2014, 2025,
2001 and 2014) which in some instances is prior to the maturity of the Series 1997 Bonds. It is
anticipated that such franchise agreements will be renewed upon their expiration; however, there is
no assurance of such renewals. Each franchise agreement authorizes the respective municipality to
terminate the franchise agreement in the event the City fails to furnish gas for a period of 72 hours
as required by the agreement for causes within the control of the City. In addition) the franchise
agreements with Dunedin, Belleair Bluffs, Largo and Safety Harbor authorize the municipality to
purchase from the City the property used with respect to each franchise at the cxpiration of the
franchise. The franchise agreements with Oldsmar and Tarpon Springs authorizc Oldsmar and
Tarpon Springs to purchase such property during the tenn oftbe franchise as well as at expiration.
The System currently scrves 13)251 customers and has 571.6 miles of gas main as of July, 1997.
According to a survey conducted by Pipeline & Gas Journal dated September, 1996, the System
ranked as the fourth largest of 28 municipally owned natural gas system in Florida and the 42nd
largest municipally-owned natural gas system in the United States of961 total.
Management
The City has a Commission-Manager foml of municipal government. The Mayor-
Commissioner and Commissioners are elected by the City's voters on an at-large basis. All have
voting power at Commission meetings which are chaired by the Mayor-Commissioner. The City
Conunission appoints the City Manager and the City Manager is responsible for appointing all officers
and employees in the administrative service of the City, including the Managing Director & Executive
Officer ofthe Clearwater Gas System.
The Clearwater Gas System is administered by the Gas System Managing Director &
Executive Officer who reports directly to the City Manager. The System is onc of seven utilities
(Water. Rcclaimed Water, Sewer, Gas, Solid Waste) Recycling, and Stormwater) billed on a
consolidated basis by the Clearwater Utility Customer Service.
Charles S. Wanington, Jr. currently serves as Managing Director & Executive Officer of the
Clearwater Gas System and reports directly to the City Manager. He received his Bachelor of
Electrical Engineering degree from the Georgia Institute of Technology in 1971 and is a 1982
graduate of the University of Michigan Public Utility Executive Program. He has been a registered
Professional Engineer in the State of Florida since 1976.
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Prior to joining the City of Clearwater in February 1992, Mr. Warrington served as Director
of Customer Services for Florida Power & Light Company (FPL), the largest electric utility in the
State of Florida. Mr, Warrington was responsible for corporate~wide customer service policies.
procedures. systems, training and regulatory interface. Prior to this position. he had served as a
District General Manager for two (2) of the largest FPL districts (Miami and Coral Gables), In total,
Mr. Warrington has 25 years of public utility experience of increasing responsibility.
Mr, Warrington currently serves on the Board of Directors of the Florida Natural Gas
Association, serves on the Board of Directors of the Municipal Gas Authority ofFlorid~ serves on
the board of directors and as Vice President and Past President of the Florida Municipal Natural Gas
Association, and serves on the Board of Directors and as Past President of the Florida Engineering
Society - Pinellas Chapter.
Terry Neenan has served as Assistant Director of CGS/Gas Supply and Operations since
February, 1994. Prior to that he served as Gas Superintendent from 1986 until 1994, Assistant
Superintendent from 1982 to 1986, Service Supervisor from 1979 to 1982 and Utilities Serviceman
from 1968 to 1979 all with the Clearwater Gas System. He holds a Master Gas Contractor License
with Pinellas County, a Natural Gas Specialty Contractor License with the Pinellas County
Construction Licensing Board, a 601 LP License from the Department of Agriculture and holds other
licenses and certificates related to natural and LP gas. Mr. Neenan serves as the propane qualifier
for the Clearwater Gas System in Pinellas County and serves as the natural gas qualifier in Pinellas
County. Mr. Neenan attended St. Petersburg Junior College and the Florida Gas Transmission
School in Sanford. He has served as a Secretary, Treasurer, Vice Chairman and Chairman of the
Operating Section of the Florida Natural Gas Association, He has also served two years as Secretary
to the Florida Municipal Natural Gas Association. He has also served as Secretary, Vice Chainnan
and twi~ elected as Chairman of the Municipal Gas Authority of Florida. a joint gas buying agency.
James M, Lewin, Sr. has served as Assistant Director of CGS/Gas Marketing & Planning
since April 1994. Prior to that, he served as Assistant Superintendent from 1986 to 1994. Gas
Supervisor from 1977 to 1986. and as a Distribution Serviceman from 1974 to 1977, all with the
Clearwater Gas System. Mr. Lewin also holds a Natural Gas Specialty Contractor License with the
Pinellas County Construction Licensing Board, a 601 LP License from the Department of
Agriculture, and holds other licenses and certificates related to natural gas. He is three (3) credit
hours from completing an Associate of Arts Degree in Business Administration from the S1.
Petersburg Junior College.
Robert Bublitz has served as Controller for the Clearwater Gas System since October 1994.
Mr. Bublitz served as the Finance Director and Director of Administrative Services with the City of
Tarpon Springs, Florida, for 15 years prior to joining the Clearwater Gas System as Controller. In
total, Mr. Bublitz has 28 years of Municipal experience. He received his Bachelor of Business
Admirustration degree in 1965 from Spencerian Business College in Milwaukee. Wisconsin.
Gas Supply
The City purchases its supply of natural gas from four gas suppliers through our gas
management company, C.C. Pace. The four suppliers are: Coastal Gas marketing; Western
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Resources; Aquila Gas marketing; and Texaco natural Gas Company. The present supply is based
on selVice agreements between the City, the Municipal Gas Authority of Florida (MGAF), C.C. Pace
(Engage Energy), and the Florida Gas Transmission Company (FGT). On August I, 1990, the
Federal Energy Regulatory Commission (FERC) deregulated the natural gas pipeline industry. This
allows other natural gas suppliers and local distribution companies, like the Clearwater Gas System
to transport gas over FGT pipelines as opposed to purchasing natural gas supply from only FGT.
FGT at the present time is equally owned by Enron Corporation and Sonat, Inc. EnrOll
Corporation. through its subsidiaries. operates or has interest in approximately 37.000 miles of
transportation pipelines from Texas to the Canadian border and from California to Florida. Sonat,
Inc. owns and has interest in natural gas transportation facilities that provide service in the states of
Florida, Georgia, Alabama, South Carolina, Tennessee. Mississippi. and Texas as well as the Federal
Offshore Domain in and around the State of Louisiana.
MGAF is an inter-local municipal organization which purchases natural gas supplies for 14
municipally owned local distribution companies and gas districts served by FGT. Clearwater Gas
System was a leader in fonning MGAF. The City of Clearwater joined MGAF by Resolution 92-75
which was adopted by the City Commission on December 3. 1992. MGAF began purchasing gas
supplies for Clearwater Gas System through a three year gas management and supply acquisition
contract With Citrus Industrial Sales Company (CISC) in November, 1993. CISe's contract'expired
as of October 30. 1996. MGAF therefore decided to split up the gas management and gas supply
contracts through the use of RFP's. During the summer of 1996 MGAF issued an RFP for a gas
management contract which was awarded to C.c. Pace of Fairfax, Vuginia. The gas supply contracts
. were awarded to Coastal Gas Marketing, Western Resources, Aquila Gas Marketing and Texaco
Natural Gas Company. These agreements provide Clearwater with a maximum daily quantity of
approximately 10.219 Dekatherms (Oth) of natural gas during the months of November to April;
4.652 Dth's during the months of May to September; and 7.496 Dth's for the month of October. The
total annual entitlement is 2.803.990 Dth's of natural gas transportation excluding Phase III.
FGT has constructed an additional gas pipeline along the west coast of Florida called Phase
III. which increased the supplies of gas available to the System. The System has transportation
contract agreements with FGT for an additional 1.871 Dth's to be delivered during the summer and
1,348 Oth's to be delivered in the winter. Phase III increased the System's early transportation
entitlements by 572,174 Dth's. This has established a new annual entitlement of3,376. 164 Oth's to
be delivered by FGT pipelines. which will provide adequate capacity through at least the year 1999.
It is anticipated that additional entitlements can be acquired from either the proposed Phase IV or use
the additional excess capacity in the MGAF Group to satisfy the System's customers' needs into the
twenty~flrst century.
Rates. Fees and Charges
The City Commission has established a schedule of rates and charges by ordinance. which
includes a purchased gas cost adjustment provision allowing the City to pass~through to customers
any increase or decrease in the purchased price of gas. The City is not subject to regulation by any
State agency in establishing or revising its rates. Where competitive fuel sources or transportation
service are available to the customer, the City Commission has authorized the City Manager to enter
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into contract gas service rates at special rates and/or conditions as required to obtain/retain the
customer load. Such contract service must meet the normal construction feasibility formula to insure
profitable payback to the City. As of July, 1997, contract rates applied to J 96 customer accounts and
impacted less than 12.5% of total revenues.
The current rates charged by the System are a part of the Phase I Gas Rate Case implemented
October 1, 1995, which was based on a comprehensive cost of service study perfonned by the Utility
Advisory Services Group of the international accounting finn of Coopers & Lybrand, LLP (the I1Rate
Study"). This Phase I implementation resulted in an extensive overhaul of the Gas System customer
rates, providing numerous classes of service and a modernized billing methodology.
The new rates were designed to be industry-based and responsive to the competitive energy
challenges. The goal of the Rate Study was to establish rates which would be fair to all classes of
customers, provide funding to implement planned expansion in both existing northern Pinellas County
service area and into the newly acquired southwestern Pasco service area, and provide an adequate
growth potential in return to the City of Clearwater to further offset the ad valorem tax rates (current
impact is about 0.5 mills).
As the result of experience during the first seven months of the Phase I implementation
adjustments in the Phase II rates were implemented on October I, 1996. The Phase III rates are
effective October I, 1997. The total projected impact of both new phases of the rate case is Sl.05
mimon or less than 7.9% oftota! gas sales revenues.
The first reading of the rate ordinance containing the proposed Phase II and Phase III rates
changes was conducted by the City Commission on May 16. 1996 and the second reading and final
approval occurred on June 6, 1996. The rate adjustments approved by the City Commission became
effective as to the Phase n adjustments on October I, 1996 and will become effective, as to the Phase
III rates, on October I, 1997.
Set forth in Appendix G hereto is a table containing current rates of the System.
Service Area
As ofJuly, 1997, the System served over 13,251 customers (comprised of 12,705 natural gas
customers and 546 L.P. gas customers) in 14 municipalities as well as the unincorporated areas of
northern Pinellas County and southwestern Pasco County as follows: Municipalities served, Belleair,
Belleair Beach, Helleair Bluffs, Bclleair Shore, Clearwater, Dunedin, Indian Rocks Beach, Indian
Shores, Largo, New Port Richey, Oldsmar, Port Richey, Safety Harbor and Tarpon Springs. In
unincorporated PineUas County. the System serves, Crystal Beach, East Lake, Harbor Bluffs. Harbor
Hills, Highpoint, Ozona, Palm Harbor and Top of the World. The System serves the unincorporated
Pasco County areas of Anclote, Elfers, Gulf Harbors, Harbor Isles. Holiday, Moon Lake, Odessa,
Serenova and Trinity.
The northern PineUas County service territory is approximately 135 square miles and extends
from Ulmerton and Walsingham Roads on the south to the Pasco County line on the north and from
the Gulf of Mexico on the west to the Hillsborough County line on the east. The System is in the
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process of extending gas mains and services into a 117 square mile service territory in southwestern
Pasco County which will extend from the Gulf of Mexico on the west inland approximately ten miles
to just west of State Road 41 and Land O'Lakes (generally along the rig~t~of~way for the proposed
North Suncoast Parkway) and from the Pinellas and Hillsborough County lines on the south to
generally State Road 52 on the north. Within the current service boundaries, there is significant
opportunity for growth because the System already has installed approximately 515 miles of gas main
in the current Pinellas County service area with a 7% customer saturation. There is also significant
opportunity to expand into the developing areas of southwestern Pasco County. In total the service
territory encompasses approximately 252 square miles with a service population of over 600,000
people. The service area is bordered on the south, east and north by Peoples Gas System, Inc., an
investor-owned gas utility.
As of September 30. 1996. the System's active natural gas customers were located as shown
in the following table:
Location Meters Percentage
Belleair 283 2.42%
Belleair Beach 54 0.46
Belleair Bluffs 13 0.11
Belleair Shores 3 0.03
Clearwater 6,420 55.00
Dunedin 978 8.38
Indian Rocks Beach 13 0.11
Largo 1.158 9.92
New Port Richey 8 0.07
Oldsmar 22 0.19
,. Port Richey 2 0.02
Safety Harbor 512 4.39
Tarpon Springs 407 3.49
Unincorporated Areas Pasco 16 0.14
Unincorporated Areas Pinellas 1.783 15.28
Total 11,672 100.00%
The System provides service to firm (non-interruptible) and interruptible classes of customers.
The System derives less than two percent of its revenues from its largest finn customer.
. The following table shows the five largest interruptible customers by peak monthly
consumption and the percent of the System's revenues derived from such customers during the 12
months ending September 30, 1996:
21
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,;
"
Customer Name
Peak
Monthly Therms
%of
Gross Revenue&
National Linen Services, Inc.
Morton F. Plant HospitaJ
Metal Industries, Inc.
Mease Hospital
Clearwater Linen & Uniform
Supply, Inc.
95,013
72,849
53,023
29,812
2.88%
2.01
2.09
0.66
25,081
0.99
The System's customers have grown in the past six years from 10.490 in September of 1989
to 12,705 in July of 1997. The System's 13.251 customers represent a market penetration of
approximately 5%, providing an opportunity for continued customer growth within the existing
service area.
The following table shows the breakdown of the System's customers by category as well as
the volume of gas sold and the sales revenues generated by each category for the fiscaJ year ending
September 30, 1996:
Average No.
Customers
Gas
Volume
Gas
~
Intcrru ptible
Residential
Commercial
9
10,594
1,580
18.31%
26.56
55.13
10.36%
32.84
56.80
Cleanvater Gas Strategic Plan
The management of the Clearwater Gas System developed a comprehensive "1995-2002
Strategic Plan" which was presented to the City of Clearwater Commission on May 16, 1996. This
Strategic Plan provided three (3) strategic opportunities:
1. Accelerate growth in Pinellas County - this is projected to add an additional
5,300 new customers by the year 2002;
2. Expand gas service into Pasco County - this is projected to add an additional
4,500 new customers by the year 2002; and
3. Develop new Gas Markets - this would allow the System to expand services
into new market opportunity areas such as natural gas vehicles and gas air
conditioning.
The City Commission approved the Strategic Plan in its entirety which contemplates the
issuance of Gas Revenue Bonds as described below. The Series 1997 Bonds are the third issue of
bonds required to implement the funding for the overall Strategic Plan.
22
.. ~ >" I. ....~.r. . . .
r,
Future Projects
The Strategic Plan projects future bond issues to be funded by the Gas System Revenue
Bonds as follows:
Series Future
1997 Additional
Lons Range Strategic Plan Bond Issues (1995-2002) TOTAL Bonds Bonl1s
(in millions)
Pinellas County Gas Main & Service Extensions $6.72 $1.30 $5.42
Pinellas Improvements 2.26 .37 1.89
Pinellas Relocation 5.26 .79 4.47
Pinellas Land, Bldg. & Equip 1.64 1.00 .64
Pasco County Gas Main & Service Extensions & LP 9.22 3.73 5.49
Pasco Relocation .43 0 .43
Pasco Land, Bldg. & Equip .lA.8. ....22 .-...22
Subtotal Net Capital Requirements for Strategic
Plan Expansion $27.0] $7.7] $19.30
Allowance for Bond Expenses & Debt Service
Reserve Fund ...1..lS. ...l..Q.& ...b1Q
Total Gas Revenue Bond Issues Projected $30.79 $8.79 $22.00
Pasco County Territorial Dispute
On June 21, 1994, Peoples Gas System, Inc.) petitioned the Florida Public Service
Commission (FPSC) to resolve a territorial dispute between Peoples Gas System (UPGS") and the
Clearwater Gas System relating to the Pasco County service territory. PGS asked the FPSC to deny
the System the Pasco County territory and to certify the area for PGS. The dispute was settled in
the spring of 1995, with the settlement providing the System with 117 square miles of expanded
service territory in southwestern Pasco County. However, the settlement also precludes the System
from expanding to the north and east in Pasco County, which service areas were assigned to PGS.
. Environmental Remediation Costs; Environmental Imposition Rate Adjustment
In December 1993, the Florida Department of Environmental Protection ("FDEpn) infonned
the City that it intended to pursue an investigation of the City of CJeanvater Manufactured Gas Plant
(the "Fonner Plant") site which was located from the 1920's through about 1960 at the current site
of the System's Administrative Offices and Pinellas Operations Center. The main components ofthe
Fonner Plant were removed between 1960 and 1985 and the site is currently paved. An initial
investigation by the Federal Environmental Protection Agency in the late 1980's detennined that no
serious health hazards existed at this site but referred it to the FDEP for future monitoring.
23
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. u .a..~.~ ~.~_.~. . ." ". ,<~".... >.. .....,.....
. ," -~. d .~ ,+.........:. "'t.... ~. . .
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"
During 1995, the System completed the required Comprehensive Assessment Plan (CAP) and
removed two fuel oil storage tanks found during the] 995 site investigation. In 1997 the System will
continue the site investigation for possible contamination, which may include contamination from the
operations of not only the Fonner Plant but also the City Fleet Maintenance Facility, City Incinerator
and City Paint Shop which were all located on this :;ite over the years. CGS ha~ abandoned several
existing gas mains w~jch were located on the site and have experienced leakage problems in recent
years.
The City has retained the services of both an environmental attorney and an environmental
consultant to assist with the site investigation. The City has negotiated through its environmental
attorney an interlocal agreement with the FDEP to facilitate a review of the site investigation findings.
The interlocal agreement was ratified by the City Commission on March 7. ] 996, and approved by
the FDEP.
Although the System operated the Former Plant in full compliance with all then-applicable
environmental rules, the current review is being undertaken under more stringent environmental
requirements imposed in recent years to ensure that any contamination at the site will not adversely
affect the water supply.
Environmental Consulting & Technology. Inc. (ECT) of Tampa, Florida, has been retained
as the System's environmental consultant. During] 995 ECT, with the assistance of the System's
crews. drilled holes and excavated a small segment of the Former Plant site in order to prepare the
CAP. ECT submitted a revised Contamination Assessment Plan ("CAP") to FDEP on November 2,
1995. While there has been a conceptual agreement on the CAP, to date, no final FDEP approval has
been received.
At this time, it is not possible to estimate the cost of cleaning up the site as the amount or type
of contamination is unknown at this time. The cost of the investigation and resulting remediation of
the site will be funded through an Environmental Imposition Adjustment (EIA) applicable to all firm
standard natural gas thenn rates and standard propane (LP) gallon rates. The EtA permits the System
to recover the cost of environmental costs imposed on the System by federal, state and local
regulatory agencies. The current EIA is $0.0]5 per therm or $0.014 per gallon of usage which has
been collected since October 1. ]995. Through July, 1997. $257~908.24 of the total $311,40].44 of
environmental costs actually expended has been recovered through the ElA.
MUNICIPAL BOND INSURANCE
The' following information has been furnished by MBIA Insurance Corporation
("MBlAtI or the "Insurer") for use in this Official Statement. Reference is made to Appendix
F herein for a specimen ofMBlAts policy.
MBIA's policy unconditionally and irrevocably guarantees the full and complete payment
required to be made by or on behnlfofthe County to the Paying Agent or its successor of an amount
equal to (I) the principal of (either at the stated maturity or by an advancement of maturity pursuant
to a mandatory sinking fund payment) and interest on, the Series 1997 Bonds as such payments shall
24
~.,~' '.";~ .,~ .........~~ . " ," ,
~
become due but shall not be so paid (except that in the event of any acceleration of the due date of
such principal by reason of mandatory or optional redemption or acceleration resulting from default
or otherwise. other than any advancement of maturity pursuant to a mandatory sinking fund payment,
the payments guaranteed by MBIA's Policy shall be made in such amounts and at such times as such
payments of principal would have been due had there not been any such acceleration)~ and (2) the
reimbursement of any such payment which is subsequently recovered from any owner of the Series
1997 Bonds pursuant to a final judgment by a court of competent jurisdiction that such payment
constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy
law (a uPreferenceU).
MBIA's policy does not insure against loss of any prepayment premium which may at any time
be payable with respect to any Series 1996 Bond. MBIA's Policy does not, under any circumstance,
insure against loss relating to: (1) optional or mandatory redemptions (other than mandatory sinking
fund redemptions)~ (2) any payments to be made on an accelerated basis~ (3) payments of the
purchase price of Series 1997 Bonds upon tender by an owner thereof; or (4) any Preference relating
to (1) through (3) above. :MBIA's policy also does not insure against nonpayment of principal ofar
interest on the Series 1997 Bonds resulting from the insolvency, negligence or any other act or
omission of the Paying Agent or any other paying agent for the Series 1997 Bonds.
Upon receipt of telephonic or telegraphic notice) such notice subsequently confirmed in
writing by registered or certified mail, or upon receipt of written notice by registered or certified mail,
by MBIA from the Paying Agent or any owner of a Series 1996 Bond the payment of an insured
amount for which is then due, that such required payment has not been made, MBIA on the due date
of such payment or within one business day after receipt of notice of such nonpayment, whichever
is later, will make a deposit offunds, in an account with State Street Bank and Trust Company, N.A,
in New York, New York, or its successor, sufficient for the payment of any such insured amounts
which are then due. Upon presentment and surrender of such Series 1997 Bonds or presentment of
such other proof of ownership of the Series 1997 Bonds. together with any appropriate instruments
of assignment to evidence the assignment of the insured amounts due on the Series 1997 Bonds as
are paid by MBIA. and appropriate instruments to effect the appointment ofMBIA as agent for such
owners of the Series 1997 Bonds in any legal proceeding related to payment of insured amounts on
the Series 1997 Bonds, such instruments being in a fonn satisfactory to State Street Bank and Trust
Company, N.A., State Street Bank and Trust Company, N.A. shall disburse to such owners or the
Paying Agent payment of the insured amounts due on such Series 1997 Bonds, less any amount held
by the Paying Agent for the payment of such insured amounts and legally available therefor.
MBIA is the principal operating subsidiary off\mIA Inc., a New York Stock Exchange listed
company. MBIA Inc. is not obligated to pay the debts of or claims against MBIA. :MBIA is
domiciled in the State of New York and licensed to do business in and subject to regulation under the
laws of all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States and the
Territory of Guam. MBIAhas two European branches. one in the Republic of France and the other
in the Kingdom of Spain. New York has laws prescribing minimum capital requirements. limiting
classes and concentrations of investments and requiring the approval of policy rates and fonns. State
laws also regulate the amount of both the aggregate and individual risks that may be insured, the
payment of dividends by MBIA, changes in control and transactions among affiliates. Additionally,
25
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-
--
-
._...Bl
~J
MBIA is required to maintain contingency reserves on its liabilities in certain amounts and for certain
periods of time.
As of December 31, 1996, MBlA had admitted assets of$4.4 billion (audited), total liabilities
of $3.0 billion (audited), and total capital and surplus of $1.4 billion (audited) determined in
accordance with statutory accounting practices prescribed or permitted by insurance regulatory
authorities. As of June 30, 1997, MBIA had admitted assets of$4.8 biUion (unaudited), total liabilities
of $3.2 billion (unaudited). and total capital and surplus of$1.6 billion (unaudited) determined in
accordance with statutory accounting practices prescribed or permitted by insurance regulatory
authorities.
Furthermore, copies ofMBIA.s year end financial statements prepared in accordance with
statutory accounting practices are available from MBIA. A copy of the Annual Report on Form IO-K
ofMBlA Inc. is available from MBIA or the Securities and Exchange Commission. The address of
:MalA is 113 King Street. Armonk, New York 10504. The telephone number is (914) 273-4545.
Moody's Investors Service rates the claims-paying ability oflv1BIA "Aaa. II
Standard & Poors Ratings Services. a division of The McGraw-Hill Companies. Inc. rates
the claims-paying ability ofMBlA "AAA."
Fitch Investors Service, L.P., rates the claims paying ability ofMBIA llAAA."
Each rating ofMBIA should be evaluated independently. The ratings reflect the respective
rating agency's current assessment of the creditworthiness ofMBIA and its ability to pay claims on
its policies of insurance. Any further explanation as to the significance of the above ratings may be
obtained only from the applicable rating agency.
The above ratings are not recommendations to buy, sell or hold the Series 1997 Bonds. and
such ratings may be subject to revision or withdrawal at any time by the rating agencies. Any
downward revision or withdrawal of either or both ratings may have an adverse effect on the market
price of the Series 1997 Bonds. MBIA does not guarantee the market price of the Series 1997 Bonds
nor does it guarantee that the ratings on the Series 1997 Bonds will not be reversed or withdrawn.
The insurance provided by this Policy is not covered by the Florida Insurance Guaranty
Association created under Chapter 631, Florida Statutes.
26
..r"E _ -n.~_
"
t.
Rights Granted Insurer
I
I
Generally, in connection with its insurance of an issue of municipal securities, the Insurer
requires, among other things. (i) that it be granted the power to exercise any rights granted to the
holders of such securities upon the occurrence of an event of default, without the consent of such
holders, and that such holders may not exercise such rights without the Insurer's consent, in each case
so long as the Insurer has not failed to comply with its payment obligations under its insurance policy;
and (ii) that any amendment or supplement to or other modification of the principal legal documents
be subject to the Insurer's consent. The specific rights, if any. granted to the Insurer in connection
with its insurance of the Bonds are set forth in "APPENDIX C - SUMMARY OF CERTAIN
PROVISIONS OF THE ORDINANCE."
THE CITY AND PINELLAS COUNTY
The City is a municipal corporation organized and existing under the laws of the State of
Florida. The City is located in the middle of the west coast of Florida on the Gulf of Mexico and has
a population of 103.326 as of 1996. Its City limits comprise approximately 26.4 square miles ofland
and 8.5 square miles of waterways and lakes.
The City is governed by a City Commission and operates under a Commission-Manager form
of government. The City Commission appoints a full-time City Manager and a full-time City
Attorney. A full-time Director of Finance has the responsibility for all financial operations of the City,
and is appointed by the City Manager. Also. an internal audit director is appointed by the City
Manager and serves full time.
The City is primarily a resort and residential community. The City has many recreational
facilities including tennis, golf. boating, fishing, water sports, and recreational paths. During the
winter months, the hotels. motels, and restaurants fill with visiting tourists and winter residents. The
City offers over 42 acres of public beach front.
The City of Clearwater and the other municipalities served by the System are located in
Pinellas County, Florida. PineUas County is the second smallest county in the state in land mass, but
is the fourth most populated county in Florida and the most densely populated with nearly 870.722
residents. Major private employers in PineUas County include an electric utility holding company, a
television merchandiser. several hospitals. a newspaper publisher, and a retailer's corporate
headquarters. Tourism is the largest industry in Pinellas County.
Further information on the City is contained in Appendix A - "GENERAL INFORMATION
RELATING TO THE CITY OF CLEARWATER. FLORIDAI1
27
;,
"~P.'''''' 'if'.':-.-' ,,'~1.':~~ "':1' '~, hI' ,.... . ...:...~... .....,......<........ .~~. >
...
COMBINED DEBT SERVICE REQUIREMENTS
Set forth below are the amounts ofprincipaJ and interest on the Parity Bonds and the Series
1997 Bonds and the combined debt service of each in the bond years indicated.
. Bond Year
~~g:~!
:.>
~. " " .
1998
.1999
2000.
2001.
2002
2003' .
2004
..2005.'
.2006.:
. . .
'. 2007. '
: 2008 ..,
. ..'20:09,.
2010
..~ ,201 r.. .
. 2012
'2013
.' '20i4.,
2015
, .
. .'. 2016
2017.
.2018
2019,
2020
2021
.2022
2023
,2024
2025.
.2026
.' . '.
, .
,.t,. ,.
(,
....>.,' . .
-'..
I; :1 .
" .
. "
.,
:"'.1.
~ ~
, .
. i:. ~ '
Totals. .
Currently Outstandin$ Bonds
)otal Debt Service
'. . May not add due to rounding..
" .
.;.
~ . ." I
. ' .(.
. I
!.'.
, . ~. ~ c!. 0'
Series 1997 Bond!i
Principal Interest
28
I '
Combined
Debt Service
,r
HISTORICAL COVERAGE OF MAXIMUM ANNUAL DEBT SERVICE
BY THE SYSTEM NET REVENUES
Fiscal Year Ending
.l.29A l2.22 . .l.222
$13,316,619 $13,672,905 $16,423,147
10.220.164 10.555,346 13,199,962
3,096,455 3,117,559 3,223,185
2,263,643 2,263,643 2,263,643
Gross Revenues (1)
Cost of Operation
and Maintenance (1)
Net Revenues
Projected Maximum Annual
Annual Debt Service (2)
Coverage of Projected
Maximum Annual Debt
Service by Net Revenues
1.37
1.38
1.42
(1) City of Clearwater, Annual Financial Reports (Audited).
(2) Projected Maximum Annual Debt Service for Series 1997 Bonds and Parity ~onds.
RATINGS
Moody's Investors Service, Inc. and Fitch have assigned the Series 1997 Bonds ratings of
"ABa" and "AAA", respectively, to the Series 1997 Bonds with the understanding that an insurance
policy insuring the payment when due of the principal of and interest on the Series 1997 Bonds will
be. issued by the Insurer. Such ratings reflect the views of the rating agencies and an explanation of
the significance of such ratings may be obtained only from the rating agencies furnishing the same.
There is no assurance that such ratings may be continued for any given period of time or that they will
not be revised downward or withdrawn entirely by such rating agencies, if in its judgment,
circumstances so warrant. Any such downward revisions or withdrawal of such ratings may have an
adverse effect on the market price of the Series 1997 Bonds. For any additional description of ratings
and their meanings, Moody's Investors Service, Inc. and Fitch should be contacted.
LEGALITY
Certain legal matters in connection with the issuance of the Series 1997 Bonds are subject to
the approval of Bryant, Miller and Olive, P.A., Tallahassee, Florida, Bond Counsel, whose Bond
Counsel opinion will be available at the time of delivery of the Series 1997 Bonds. The proposed
form of such opinion of Bond Counsel is attached to this Official Statement as Exhibit D. Certain
legal matters will be passed upon for the City by Pamela K. Akin, Esquire. City Attorney and by its
disclosure counsel, Nabors. Giblin & Nickerson, P.A., Tampa., Florida.
29
r
~~~---.. 'f"
TAX EXEMPTION
The Internal Revenue Code of 1986, as amended (the "Code") establishes certain
requirements which must be met subsequent to the issuance and delivery of the Series 1997 Bonds
in order that interest on the Series 1997 Bonds be and remain excluded from gross income for
purposes offederal income taxation. Nonwcompliance may cause interest on the Series 1997 Bonds
to be included in federal gross income retroactive to the date ofissuance of the Series 1997 Bonds,
regardless of the date on which such non-compliance occurs or is ascertained. These requirements
include, but are not limited to, provisions which prescribe yield and other limits within which the
proceeds of the Series 1997 Bonds and the other amounts are to be invested and require that certain
investment earnings on the foregoing must be rebated on a periodic basis to the Treasury Department
of the United States. The City has covenanted in the Ordinance to comply with such requirements
. in order to maintain the exclusion from federal gross income of the interest on the Series 1997 Bonds.
In the opinion of Bond Counsel, assuming compliance with the aforementioned covenants,
under existing laws, regulations, judicial decisions and rulings, interest on the Series 1997 Bonds is
excluded from gross income for purposes of federal income taxation. Interest on the Series 1997
Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed
on individuals or corporations~ however, interest on the Series 1997 Bonds may be subject to the
alternative minimum tax when any Bond is held by a corporation. The alternative minimum taxable
income of a corporation must be increased by 75% of the excess of such corporation's adjusted
current earnings over its alternative minimum taxable income (before this adjustment and the
alternative tax net operating loss deduction). "Adjusted Current Earnings" will include interest on
the Series 1997 Bonds. The Series 1997 Bonds are exempt from all present intangible personal
property taxes imposed pursuant to Chapter 199, Florida Statutes.
Except as described above, Bond Counsel will express no opinion regarding the federal
income tax consequences resulting from the ownership of. receipt or accrual of interest on. or
disposition of Series 1997 Bonds. Prospective purchasers of Series 1997 Bonds should be aware that
the ownership of Series 1997 Bonds may result in collateral federal income tax consequences,
including (i) the denial of a deduction for interest on indebtedness incurred or continued to purchase
or carry Series 1997 Bonds, (ii) the reduction of the loss reserve deduction for property and casualty
insurance companies by 15% of certain items. including interest on the Series 1997 Bonds, (Hi) the
inclusion of interest on the Series 1997 Bonds in earnings of certain foreign corporations doing
business in the United States for purposes of a branch profits tax, (iv) the inclusion of interest on
Series 1997 Bonds in passive income subject to federal income taxation of certain Subchapter S
corporations with Subchapter C earnings and profits at the close of the taxable year, and (v) the
inclusion ofinterest on the Series 1997 Bonds in "modified adjusted gross income" by recipients of
certain Social Security and Railroad Retirement benefits for purposes of determining whether such
benefits are included in gross income for federal income tax purposes.
PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 1997 BONDS
AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MA Y HAVE ADVERSE
FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE
30
..
BONDHOLDERS. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX
SPECIALISTS FOR INFORMATION IN THAT REGARD.
During recent years legislative proposals have been introduced in Congress. and in some cases
enacted. that altered certain federal tax consequences resulting from the ownership of obligations that
are similar to the Series 1997 Bonds. In some cases these proposals have contained provisions that
altered these consequences on a retroactive basis. Such alteration of federal tax consequences may
have affected the market value of obligations similar to the Series 1997 Bonds. From time to time,
legislative proposals arc pending which could have an effect on both the federal tax consequences
resulting from ownership of Series 1997 Bonds and their market value. No assurance can be given
that legislative proposals will not be introduced or enacted that would or might apply to, or have an
adverse effect upon. the Series 1997 Bonds.
UNDERWRITING
The Series 1997 Bonds are being purchased by the Underwriter from the City at an aggregate
purchase price of [Purchase Price] (par less undetwriter's discount of [Underwriter's Discount]), plus
accrued interest on the Series 1997 Bonds. The Underwriter is obligated to purchase all the Series
.1997 Bonds if any are purchased. Following the initial public offering, the public offering prices may
be changed from time to time by the Underwriter.
The Series 1997 Bonds may be offered and sold to certain dealers (including underwriters and
other dealers depositing such Bonds into investment trusts) and others at prices lower than the public
offering prices set forth on the cover page of this Official Statement.
INVESTMENT POLICY OF THE CITY
Pursuant to the requirements of Section 218.45. Florida Statutes. the City adopted a written
investment poUcy which applies to all funds held by or for the benefit of the City Corpmission (except
for proceeds of bond issues which are deposited in escrow and debt service funds and governed by
their bond documents) and funds of Constitutional Officers and other component units of the City.
The objectives of the investment policy) listed in order in order of importance, are:
1. Safety of principal
2. Provision of sufficient liquidity
3. Optimization of return within the constraints of safety and liquidity
The investment policy limits the securities eligible for inclusion in the City's portfolio. The
City will attempt to maintain a weighted average maturity of its investments at or below three years~
however. the average maturity of investments may not exceed four years.
31
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To enhance safety, the investment policy requires the diversification of the portfolio to reduce
the risk of loss resulting from over-concentration of assets in a specific class of security. The
investment policy also requires the preparation of periodic reports for the City Commission of all
outstanding securities by class or type, book value, income earned and market value as of the report
~~ .
Notwithstanding the foregoing, moneys held in the funds and accounts established under the
Ordinance may be invested only in Permitted Investments, as described in the Ordinance.
VALIDATION
The Series 1997 A Bonds were validated pursuant to Chapter 75, Florida Statutes, by
judgment rendered on May 12, 1995, of the Circuit Court of the Sixth Judicial Circuit, in and for
Pinell~s County, Florida. The time for filing an appeal of said judgment has expired with no such
appeal having been filed.
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 1997 Bonds under the Ordinance (and the
policy of municipal bond insurance referred to herein) are in many respects dependent upon judicial
actions which are often subject to discretion and delay. Under existing constitutional and statutory
law and judicial decisions, including specifically Title 11 of the United States Code, the remedies
specified by the Federal Bankruptcy Code, the Ordinance and any policy of municipal bond insurance
referred to herein may not be readily available or may be limited. The various legal opinions to be
delivered concurrently with the delivery of the Series 1997 Bonds (including Bond Counsel's
approving opinion) will be qualified, as to the enforceability of the various legal instruments. by
limitations imposed by bankruptcy, reorganization, insolvency, or other similar laws affecting the
rights of creditors or by such principles of equity as the court having jurisdiction may impose with
respect to certain remedies which require or may require enforcement by a court of equity.
LITIGATION
There is no litigation or controversy of any nature now pending or threatened (i) to restrain
or enjoin the issuance, sale, execution or delivery of the Series ] 997 Bonds or (ii) in any way
questioning or affecting the validity of the Series 1997 Bonds, the Ordinance, any proceedings of the
City taken with respect to the authorization, sale or issuance of the Series 1997 Bonds or the pledge
. or application of any moneys provided for the payment of the Series 1997 Bonds, including the Net
Revenues of the System.
32
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~~
- -
-;'-X-Z-'W--L r -
.'
The City is a party from time to time in various law suits involving the City generally, and
believes that none ofthe actions currently pending will have a material effect upon the finances of the
City or of the System.
GENERAL PURPOSE FINANCIAL STATEMENTS
The excerpts from the General Purpose Financial Statements and other information of the City
for the fiscal year ended September 30. 1996) are included in Appendix: B to this Official Statement.
Such excerpts from the Citis Comprehensive Annual Financial Report. including the auditor's report
thereon. have been included in this Official Statement as public documents and consent from the
auditors was not requested. The auditors have not performed any services relating to) and are
therefore not associated with. the issuance of the Series 1997 Bonds.
FINANCIAL ADVISOR
The City has retained First Union Capital Markets Corp.) St. Petersburg. Florida, as financial
advisor (the "Financial Advisortl) to the City in connection with the preparation of the City's plan of
financing and with respect to the authorization and issuance of the Series 1997 Bonds. Although the
Financial Advisor assisted in the preparation ofthis Official Statement. the Financial Advisor has not
undertaken to make an independent verification or to assume responsibility for the accuracy.
completeness or fairness of the information contained in this Official Statement.
ADVISORS AND CONSULTANTS
The City has retained advisors and consultants in connection with the issuance of the Series
1997 Bonds. These advisors and consultants are compensated from a portion of the proceeds of the
Series 1997 Bonds) identifi~d as 11 Costs ofIssuance" under the heading "ESTIMATED SOURCES
AND USES OF FUNDS" herein~ and other compensatio~ is) in some instances. contingent upon the
issuance of the Bonds and the receipt of the proceeds thereof.
Financial Advisor. The City has retained First Union Capital Markets Corp.) St. Petersburg.
Florida, as financial advisor (the "Financial Advisor") in connection with the preparation of the City's
plan offinancing and with respect to the authorization and issuance of the Series 1997 Bonds. The
fees of the Financial Advisor will be paid from proceeds of the Series 1997 Bonds and such payment
is contingent upon the issuance of the Series 1997 Bonds.
Bond Counsel. Bryant. Miller and Olive, P.A., Tallahassee. Florida represents the City as
Bond Counsel. The fees of Bond Counsel will be paid from proceeds of the Bonds. and such
payment is contingent upon the issuance of the Bonds.
33
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Disclosure Counsel. Nabors, Giblin & Nickerson, P,A., Tampa, Florida represents the City
as Disclosure Counsel. The fees of Disclosure Counsel wHl be paid from proceeds of the Bonds, and
such payment is contingent upon the issuance of the Bonds.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial owners of the Series
1997 Bonds to provide certain financial information and operating data relating to the City by not
later than June 1 in each year commencing June 1, 1998 (the II Annual Report"), and to provide
notices of the occurrence of certain enumerated events, if deemed by the City to be material. The
Annual Report will be filed by the City with each Nationally Recognized Municipal Securities
Information Repository f'NRMSIRlI), and with the State of Florida Repository, if and when created.
The notices. of material events will be filed by the City with the NRMSIR and with the State of
Florida Repository, if and when created. The specific nature of the information to be contained in
the Annual Report or the notices of material events is summarized below under the caption
II APPENDIX E - Swrunary of Continuing Disclosure Certificate. II These covenants have been made
in order to assist the Underwriter in complying with S.E.C. Rule 15c2-12(b)(S). The City has never
. failed to comply in all material respects with any previous undertakings with regard to said Rule to
provide annual.reports or notices ofmateriaI events.
MISCELLANEOUS
All information included herein has been provided by the City, except where attributed to
other sources. The summaries of and references to all documents, statutes, reports and other
instruments referred to.herein do not purport to be complete, comprehensive or definitive, and each
such reference or summary is qualified in its entirety by reference to each such document, statute,
report or other instrument. Copies of all such documents referred to herein are on file with the City
Clerk of the City at 112 South Osceola Avenue, Clearwater, Florida 34616. The information herein
has been compiled from official and other sources and, while not guaranteed by the City, is believed
to be correct. As far as any statements made in this Official Statement and the appendices attached
hereto involve matters of opinion or of estimates, whether or not expressly stated, they are set forth
as such and not as representations offact and no representation is made that any of the estimates will
be realized.
AUTHORIZATION OF AND CERTIFICATION
CONCERNING OFFICIAL STATEMENT
The delivery of this Official Statement has been authorized by the City Commission.
Concurrently with the delivery orthe Series 1997 Bonds, the undersigned will furnish their certificate
34
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to the effect that, to the best of their knowledge. this Official Statement did not as of its date, and
does not as of the date of delivery of the Series 1997 Bonds, contain any untrue statement of a
material fact or omit to state a material fact which should be included therein for the purpose for
which this Official Statement is to be used, or which is necessary in order to make the statements
contained therein, in the light of the circumstances in which they were made. not misleading.
CITY OF CLEARWATER. FLORIDA
By:
Mayor~Commissioner
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By:
City Manager
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APPENDIX A
GENERAL INFORMATION RELATING TO
THE CITY OF CLEARWATER, FLORIDA
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APPENDIX A
GENERAL INFORMATION
RELATING TO THE CITY OF CLEARWATER, FLORIDA
Location
The City of Cleanvater (the "City"), the county seat of Pinellas County (the fifth most
populous county in Florida), is geographically located in the middle of the west coast of Florida on
the Gulf of Mexico. It is situated approximately 22 miles west of Tampa and 16 miles north ofSt.
Petersburg. Standing on the highest coastal elevation of the State, the City limits comprise
approximately 26.4 square miles orland and 8.57 square miles of waterways and lakes.
Clearwater Beach, a corporate part of the City, is a beach community connected to the
mainland by Memorial Causeway, a four-lane, toll-free drive stretching almost two miles across the
Intracoastal Waterway. Business on Clearwater Beach is mainly tourist oriented, with hotels, motels
and gift shops. Many fine homes, apartments and condominiums offer pleasant, semi-tropical island
accommodations to pennanent residents and winter and summer visitors.
History
The area now known as Clearwater was first explored in 1528 by Panfile de Narvaez, a
Spanish explorer who encountered a large tribe of Indians, which his army drove out. The Indians
recaptured their territory and held it until the Seminole Wars of 1835-42. The Indians who inhabited
this area are said to have called it nPocotopaug," meaning "clear water," for the many springs of clear,
fresh water that bubbled along the shore and even below the waterline at low tide.
Settlers began moving into the area around the time of the Seminole Wars. After the wars
ended, the territory was opened by the Federal government for homesteading under the Anned
Occupation Act. The first land title was granted in 1842. The early settlement, named "Clear Water
Harbor," was incorporated in 1897. "Clear \Vaterll later became one word and "Harbor" was dropped
in 1906 when Pinellas County was created by an act of the State Legislature. In May 1911.
Clearwater became the County Seat and Clearwater was chartered as a municipality on May 27,
1915.
Government and Administration
Clearwater has a commission-city manager form of government. Four commissioners and a
mayor-commissioner are elected at large to serve overlapping three-year terms. They appoint the city
manager and the city attorney. All other administrative and professional positions are appointed by
the city manager in accordance with the City's Civil Service System.
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The City has approximately It660 employees, covered by the City's Civil Service law relating
to recruitmen~ promotion, evaluation and discipline based on merit principles. Four employee unions
represent the City1s civil labor force: two units of the Fraternal Order of Police; one of the
International Association of Fire Fighters; and one from the Communications Workers of America.
Transportation
Pinellas County and Clearwater are served by three major causeways and bridges over Tampa
BaYt by U.S. 19 and IM275 to the north and south, by IM4 and U.S. 60 to the east. State Roads 590.
686 and 55 also afford access to the City.
Tampa International Airport. located approximately twenty miles from downtown Clearwater,
provides air travel access with approximately 260 national and international flights daily. Limousine
and taxi service to and from the airport is available from Clearwater and throughout Pinellas County.
St. PctersburglCleanvater International Airport. five miles from downtown Clearwater. offers
regularly scheduled passenger service and charter and special group flightst on a more limited basis
to both domestic and foreign destinations, particularly to Canada. Mexico1 and Central and South
America. The Executive Airpark, which is slightly over a mile from the downtown business section.
provides service and maintenance for private plane owners. The airport has one 3tOOO foot hard-
surface runway and facilities for visiting and locally based planes. -
The Port of Tampa (22 miles to the east) is the closest deep water port. The port is serviced
by a variety of steamship agents and operators. The United States Coast Guard maintains an air
station at the St. Petersburg/Clearwater International Airportt and a search and sea rescue cutter
station on Clearwater Harbor opposite Sand Key.
Gulf Coast Motor Lines provides setvice daily between'Clearwatert S1. Petersburg and Tampa
and makes connections with Greyhound and Trailways Bus Lines in Tampa. Scenic tours are
available via Gray Line out of Clearwater and S1. Petersburg. and both Gray Line and Gulf Coast
have buses for charter. Pinellas Suncoast Transit System maintains 54 routes in 19 municipalities in
Pinellas County.
Utilities, Public Service and Community Facilities
The City owns and operates its own water and wastewater collection systems. Water is
obtained from 17 deep wells owned and operated by the City (approximately' 20-25%) and from
wholesale purchases from the Pinellas County Water System (approximately 75M80%). Total daily
average is approximately 29 million gallons per day. The wastewater collection program provides
for the transmission of wastewater through the City's underground sewer mains, collectors and
interceptor lines and for the maintenance, repair and replacement of 322 miles of sanitary sewer lines.
The Department of Public Works maintains 302 miles of paved streets, II miles of unpaved streets.
approximately 120 miles ofstonn sewer mains. and approximately 322 miles of sanitary sewer mains.
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Electric power is provided by Florida Power Corporation and telephone service is provided
by General Telephone Company. Time Warner provides cable television service under a franchise
with the City. Local editions of the daily St. Petersburg Times and The Tampa Tribune, plus weekly
newspapers from adjacent Dunedin, Largo, Seminole and Clearwater Beach are widely distributed.
The Clearwater Public Library System consists of a main library and four branches which are
spread evenly throughout the community for easy access, The City offers over 42 acres of public
beach front, parks, playgrounds, athletic courts and fields, pools, a 7,350 seat baseball and softball
stadium, golf course, civic and recreational centers, 5.2 mites of recreational paths, boat ramps and
a 210 slip yacht basin and marina. The Philadelphia PhilJies conduct spring training at the municipal
baseball stadium and have a long-tenn contract for farm club training on Clearwater's specially
constructed facilities during the Wmter Instructional League Program. Clearwater is the home of the
Clearwater Bombers, a national amateur fastpitch softball team.
Tourism
The State Division of Tourism reported 43,000,000 tourists came to Florida during 1996
setting a new record high and an increase of 4.2% over 1995. Approximately 4,100,000 of them
visited the Clearwater/St. Petersburg area, a 3.1% increase over 1995. Clearwater's Fun 'N Sun
. Festival each spring attracts thousands of visitors.
Education
The Pinellas County School System operates a total of 142 schools comprising elementary
through high school, exceptional, alternative and vocational schools within the County. In the fall
of 1996 there were approximately 104,665 students enrolled in kindergarten through the 12th grade
and a projection of 107,040 students for the 1997-1998 school year. Private schools and academies
are also located within or near the City limits. The Pinellas County School System offers vocational
and adult education at facilities in or adjacent to the City. In addition. St. Petersburg Junior College
has a Clearwater campus. Eckerd CoHege in St. Petersburg. Beacon College in Largo, Stetson
University College of Law in Gulfport, the University of South Florida and the University of Tampa
in Tampa offer nearby college and post-graduate education.
Indu9try, Commerce and Labor
Light, dean industry is encouraged in Clearwater. In 1957, the City of Clearwater developed
a 100 acre industrial park adjacent to the Clearwater Airpark (Executive Airport) and to the CSX
Transportation Company. . There is also a privately owned, 35 acre industrial park. Large industries
located near Clearwater include Honeywell, General Electric, UNISYS, Concept and Hercules
Defense Electronics Systems. Inc.
A-3
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Pension Plan
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The Employees' Pension Plan and the Fireman's Pension Plan are self-administered by the City. '
CitY contributions for fiscal year 1995-1996 were 52,867,835 to the Employees' Plan and $867,569
to the Fireman's Plan, and were in accordance with actuarially determined funding requirements.
In addition, supplemental pensions exist for certified Police and Fire employees) funded solely ,
from excise taxes on certain insurance premiums covering property in Clearwater, collected by the
State and remitted to the City. Both plans require benefits to be adjusted to equal funds assets
provided by the defined contributions. .
[Remainder of page intentionally left blank]
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Demographic Information
Last TeD Fiscal Yean
(a) (b) (c) (d) (e)"
Permanent Per Capita Median School Unemployment
Yew: Population Income Age Enrollment Rate (%)
1987 99, ]24 ] 7,947 Net avail. 10,797 5.0%
1988 100,202 19.317 Not avail. 10.922 4.7
1989 101.082 21.255 Not avail. 10.796 5.3
1990 98,784 21,881 Not avail, 10.732 4.8
1991 99,475 22.059 42.1 11.572 6.1
1992 100,166 22.958 42.3 11 ,921 5.4
1993 100,857 24,470 42.3 11.584 6.1
1994 101,548 Not avail. 42.9 10,043 5.5
1995 102,590 22.789 42.2 10.284 4.8
1996 103,326 24,696 42.] 11,906 4.2
Source: City of Clearwater, Florida Comprehensive Annual Financial Report for period ending
September 30. 1996.
(a) 1987w1989, U.S. Bureau of Census estimate; 1990. Census; 1991-1993. University of Florida,
Bureau of Economic and Business Research; 1994. U.S. Bureau of Census estimate; 1995w96.
University of Florida, Bureau of Economic and Business Research. '
(b) Data is for Pinellas County, but should also approximate Clearwater levels. 1987w1989. U.S.
Department ofConunerce. Bureau of Economic Analysis; 1990w 1994, Florida Trend Magazine;
1995-1996. University of Florida. Bureau of Economic and Business Research, Florida
Statistical Abstract.
(c) Pinellas County level data. but should also approximate Clearwater levels. 1991-1992. U.S.
Bureau of the Census; 1993, St. Petersburg Times Research Bureau; 1994, Sales and Marketing
Management, Swvey of Buying Power; 1995-1996, University of FJorida. Bureau of Economic
and Business Research, Florida Statistical Abstract.
(d) 1987-1990. Clearwater Planning Department population pro rata estimate of Pine lIas County
School Board County level data for public schools; 1991 w 1994, Pinellas County School Board;
1995w1996. University of Florida. Bureau of Economic and Business Research, Florida
Statistical Abstract. '
(e) Data is for TampalSt. Petersburg MSA. Source of data is the Florida Bureau of Labor Market
Information.
NOTE: Data is for an unspecified point in each year. not specifically September 30.
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Property Values, Construction, and Bank Deposits
Last Ten Fiscal Yean
Commercial Construction Residential Construction
Fiscal Year Number of Number of
Year ~ Permits Value Permits Value
1987. 626 $42,649.623 1.378 $46.939,249
1988 731 45.510.427 1.385 42.150,294
1989 705 121.554.308 1.127 37,140.105
1990 782 47.382.330 1.018 74,169.490
1991 626 24.250.916 1,260 34,937.357
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1992 557 32.765,807 1,137 25,956.314
,1993 1.693 42,051,081 .3,885 29,296,168
1994 1,831 37,164,437 3,882 49,950,413
. 1995 1,775 77,486,099 3,747 53,614,754
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1996 1,898 . 42,360,262 4.224 26,854,,040
Source: City of Clearwater, Florida Comprehensive Annual Financial Report for period ending
September 30, 1996.
(a) Includes institutions, churches, seawalls, pools and non-valued building permits.
(b) .. Pinellas County Property Appraiser, values listed are for years of collections.
(c) Includes balances in commercial, savings, savings and loan, and building and loan banking
institutions for PineUas County. Data from the Florida Bankers Associ~tion Branch Deposit
~eport of Florida Bank and Thrift Institutions,
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Property Tax Rates - All Direct and Overlapping Governments
(Per $1,000 of Assessed Value)
Last Ten Fiscal Yean
Downtown County Emerscncy
Fiseal Develop- School Transit Medical
..xw. CII ~ .B1w3l tmmtx Imtdk1 Se rvices Q1h;[ !mil
1987 4.4558 1.000 7.5020 4.258 .4536 .931 .7013 19.3017
1988 5.??oo 1.000 7.3370 4.915 .4987 .931 1.2933 20.9750
1989 S.I000 .250 7.6500 4.909 .5135 .931 1.3715 20.7310
1990 5.1000 .860 8.5330 5.280 .5143 1.060 .9611 22.3690
1991 .5.2037 1.000 8.7660 5.234 .5743 .700 J. 0964 22..5744
1992 .5.1 U8 1.000 8.6260 5.495 .5893 .700 1.1S6O 22.6821
1993 5.1158 . 1.000 9.??oo 5.417 .5893 .850 I. 1820 23.1541
1994 S.IISS 1.000 9.0820 5.429 .6697 .872 1.4221 23. 5906
.. 1995 S.IISS 1.000 9.3590 5.S85 .6697 .806 1.6308 24.1663
1996 ' 5.1158 1.000 9.3290 5.140 .6691 .752 1.6S61(b) 24.03l'i6
Source: City ofClealWlter, Florida. CompRbc:mive Annual Financial Report for period ending September 3D, 1996.
(3) A separate tallinB district established by referendum ,which affects only dDwntown properties.
(b) Chherlnclude$ PineIlas Cool1l)' Planning CoUncil (.0214): Juycnile Welfare Board (.8117); SW FlDrida Water Manageme.nt Diilrict (.4220);
Pintllu Anclote River Basin (..wID).
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City of Clearwater, Florida
Principal Taxpayers
Year Ended September 30, 1996
Percentage
to Total
Assessed Assessed
Taxpayers Type of Business Value Value
Bellwether Prop. LP Ud. Shopping Center $ 75,664,400 1.98%
Holland Westshore, Inc. Shopping Center 60,389,900 1.58
Taylor. John S. m Landowner 31,493,600 0.82
Sand Key Association Ltd. Hotel 19,212,400 0.50
Walmart Store, Inc. Shopping Center 18,181.800 0.48
Regency Land Partnership Adult Congregate Facility 17,857,700 0.47
H R E Properties . Shopping Center 14,473.300 0.38
Duff, Andrew R.. Trustee Hotel & Plaza 14,400.500 0.38
Branch Sunset Association S,hopping Center 14,545,000 0.38
John Hancock Life Ins Co. Apartment Complex 13.500.000 ~
. Subtotal 279,718.600 ,7.32
l All Others 3.540.499.110 92.68
Total $3.820.217.710 100.00%
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period
ending September 30, 1996; Pinellas County Property Appraiser, 1995 tax rolls for
1996 colleCtions.
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City of Clearwater t Florida
Ratio of Net General Bonded Debt to Taxable Assessed Value
and Net Bonded Debt Per Capita
Last Ten FISCal Years
[Remainder of page intentionally left blank]
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City of Cleanyater, Florida
Computation of Legal Debt Margin
September 30, 1996
Assessed Valuation of Non~Exempt Real Estate(a)
Times: Twenty Percent Limitation per City Charter
Equals Legal Indebtedness Limitation
$ 3,820.217,710
x ,20
$ 764.043.542
Debt Subject to Indebtedness Limitation:
Gross Debt
Less Sinking
Fund Assets
Net Debt
Subject to
Limitation
General Obligation Bonds:
1978 Series
$ 355,000 $ 333.402
$ 21,598
Revenue Bonds:
1985 Public Service Tax and
Bridge Revenue Bonds 1,695,001 775,011 919,990
1988 Water and Sewer Revenue Bonds 37,601,614 5,324,003 32,277,611
1993 Water and Sewer Revenue Bonds 47,170,000 8,183,500 38,986,500
1991 Gas System Revenue Bonds 7,290,000 742,280 6,547,720
1994A Gas System Revenue Bonds 8,110,000 1,035.595 7,074,405
1996A Gas System Revenue Bonds 8,815,000 5,417 8,809,583
1995 Improvement Revenue Bonds 10,580,000 197,272 10,382,728
1986 Community Redevelopment Agency
Tax Increment and Lease Revenue Bonds 1,605,000 622,455 982,545
1987 Community Redevelopment Agency
Tax Increment Revenue Bonds 165,000 165,000 -0-
Notes, Mortgages and Contracts 11.382.786 657.475 10.725.311
Totals
$134.769.401 $18.041.410 $116.727.991
Legal Indebtedness Margin
~7.315.55t
Source:
City of Clearwater, Florida, Comprehensive Annual Financial Report for period
ending September 30, 1996.
(a) Valuation listed is from 1995 tax year for 1996 collections.
A-13
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Computation of Direct and Overlapping Debt
September 30, 1996
Net Debt
Governmental Unit Outstandine: Percent Amount
. City of Clearwater $ 355,000 100.00% $355,000
. PineUas County School Board 883,422 13.82%(a) 122.089
. ,
Total . $477.089,
Source: City of Clearwater, Florida, Comprehensive Annual Financial Report for period
ending September 30, 1996.
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... . . (a) Applicable Net Debt Percentage is based on ratio of City to County Taxable values for 1996
. collectionS ($3.820,217,710 I $27,637,296,185) .
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City of Clearwater, Florida
Gas Revenue Bonds Coverage
Last Ten Fiscal Years
Fiscal
Year
Gross
Revenues(a)
Expenses(b)
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
$8,967,911
9,467,621
9,170,280
9,566,159
9,865,958
11.586,605
12,562.105
13,316,619
13,672,905
16,423,147 .
$7,205,277
7,240,108
7,268,388
7,444,007
7,977,703
8,116,051
9,364,981
10,220,164
10,555,346
13,199,962
Fiscal Debt Service Requirements
Yw: Principal Interest Thtal
1987 $75,000 $660,675 $735,675
1988 75,000 655.800 730,800
1989 80,000 850,550 730,550
1990 90,000 644,550 734,550
1991 95.000 637,620 732,620
1992 488,020 488,020
1993 488,020 488,020
1994 488,020 488,020
1995 150,000 978,195 1.128,195
1996 240,000 1.052,923 1.292,923
Net Revenues
Available for
Debt Service
$1,782,634
2,227.513
1,901,892
2,122,152
1,888,255
3,470,554
3,197,124
3.096,455
3.117.559
3.223.185
Coverage
Maximum
Debt Service
Coveraie(c)
2.42
3.05
2.60
2.89
2.58
7.11
6.55
6.34
2.76
2.49
1.80
1.74
1.75
1.81
Source: City of Clearwater, Florida. Comprehensive Annual Financial Report for period ending September 30, 1996.
(~) Includes interest earnings and gross revenues from Gas System.
(b) Excludes depreciation (and similar noncash expenses), amortization of bond discount and issue costs. bond
interest, and reservc adjustments.
(c) Maximum Debt Service covcrage is presented for continuing disclosure on the Gas System Revenue Bonds,
. Series 1996A and is based upon the maximum debt service for the 1996A and parity bonds in the amount of
$1,778.308.
Note: In September, 1991.lhe City issued 57.680,000 Gas System Revenue Bonds. Series 1991. to finance the cost
of advanced refunding $7.100,000 Gas System Revenue Bonds, Series 1983 and to pay certain costs of issuance
oCthe 1991 bonds. In September, 1994. the City issued 58,110,000 Gas System Revenue Bonds, Series 1994A,
for additions, extensions, supplements or replacements of the cxisting gas system in Pinellas County, Florida.
Approximately $1,340,000 is to be used to develop new gas markels.
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APPENDIX B
EXCERPTS FROM THE CITY OF CLEARWATER, FLORIDA
GENERAL PURPOSE FINANCIAL STATEMENTS
AND OTHER INFORMA nON FOR
THE FISCAL YEAR ENDED SEPTEMBER 30, 1996
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SUMMARY OF CERTAIN PROVISIONS OF THE ORDINANCE
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FORM OF CONTINUING DISCLOSURE CERTIFICATE
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APPENDIX E.
FORM OF BOND COUNSEL OPINION
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SPECIMEN BOND INSURANCE POLICY
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APPENDIX G
SCHEDULES OF RATES
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BXHIBIT C
COHTlHUIHG DISCLOSURB CBRTIPlCATB
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00/05/97 1S:~Z tJ~13 281 01:9
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CONTINUING DISCLOSURE CERTIFICATE
This COlttiooing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered
by the City ofOtaIWatel', F10rida (the "Issuer") in COMection with the issuance ofits [Series 1997 A
Bond Amown] Gas System Revenue Bonds. Series 1997 A (the "Series 1997 A Bonds") and [Series
1997B Bond Amount) Gas System Revenue Refunding Bonds, Series 19978 (the "Series 1997B
Bonds")(coUcctive1y, the "Series 1997 Bonds"). The Series 1997 Bonds are being issued pursuant
to Ordinance No. 5118-91 enacted by the City Commission of the City (the "Commission") on
August IS, 1991 (the "Original Ordinance"), as amended and supplemented and 1$ further
supplememed by an Ordinance adopted on , 1997, as further supplemented by a resolution
adopted on .1997 (as 50 supplemented, the "AutborUing Ordinance") (the Original Ordinancc
and the Authorizing Ordinance are collectively referred to as the "Ordinance").. The Iswu covenants
and agrees as follows:
SEcrION 1. PURPOSE OF DISCLOSURE CERTIFICATE. This Disclosure
Certificate is being executed and delivered by the Issuer for the benefit of the Series 1997
Bondholders and in order to assist the original underwriters of the Series 1997 Bonds in complying
withRuJe ISc2~I2(b)(S) promulgated by the Seauities and Exchange Commission eSEC") pursuant
to the Securitics Exchange Act of 1934 (the "Rule"),
SECTION 2. PROVISION OF ANNUAL INFORMATION. Except as otherwise
provided herein. the Issuer shall provide to all of thc nationally recognized municipal securitics
information repositories described in Section 4 hereof(tbe "NRMSIRs"). and to any state information
depository that is established within the State of Florida (the "SID"). on or before June 30 of each
year, \IVUIi~June 30, 1998, the infonnation set forth below in this Section 2. Notwithstanding
the immediately preceding senteDce, to the extent any such information does not become available
to the Issuer before June 30 of any year, the Issuer shall provide such infonnation when it becomes
available; but no later than one year following the end of the Issuer's F'JSCa1 Year.
(A) the Issuer's Comprehensive Annual Financial Report for the inunediatc1y premiing
Fl5t:IJ Year (the "CAFR"), which shall include the audited financial statements afthe Issuer for the
immediately preceding Fiscal Year prepared in accordance with GencraUy Accepted Accounting
Principles. as modified by applicable State of Florida requirements and the governmental accounting
standirds promulgated by the Government Accounting Standards Board; provided. however. iftlle
audited financial statementS of the Issuer are not completed prior to April 30 of my year, the Issuer
shaD provide unaudited financial statemCDts on such date and shaD provide the audited financial
statements u soon as practicable following their completion; and
(B) to the extClt not set forth in the CAFR, additional fuw1ciaJ information and operating
data of the type included with respect to the Issuer in the final ot:ficial statement prepared in
connection with the sale and issuance of the Series 1997 Bonds (as amended, the "Official
Statemcnttl). as set forth below:
I. Updates of the historical financial infonnation set forth in the Official
Statement under the subheadings "Rates, Fees and Chargesa and "Service Area" under the
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09/0lS/97
15:42
'C81J 281 0129
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IilI003/001
principal caption liTHE SYSTEM" and "HISTORlCAL COVERAGE OF MAXIMUM
ANNUAL DEBT SERVICE BY THE SYSTEM NET REVENUES" (for the then-
immediately preceding five fiscal years.
2. Description of any additional indebtedness payable in whole or in part from
the System Net Revenues (as defined in the Ordinance).
3. Any other financial infonnation or operating data of the type included in the
Official Statement which would be material to a holder or prospective holders of the Series
1997 Bonds.
For purposes of this Disclosure Certificate, "Fiscal Year" means the period commencing on
October I and ending on September 30 of the next succeeding year, or such other period of time
provided by applicable law.
SECTION 3. REPORTING SIGNIFICANT EVENTS. The Issuer shall provide
to the NRMSIlU or the Municipal Securities RuJemaking Board (the "MSRB") and to the SID, on
a timely basis, notice of any of the fOUowing events., if such cv=l1 is material with respect to the Series
) 997 Bonds or the Issuer's ability to satisfy its payment obligations with respect to the Series 1997
BDDds~
(A) Principal and interest payment delinquencies;
(8) Non-payment related defaults;
(C) Unscheduled thaws on the debt service resel"ve fund reDecting financial difficulties.
(0) Ul\$cllcduled draws on credit enhancement reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perfOnn;
(F) Adverse tax opinions or events affecting the tax-exempt status of the Series 1997
Bonds;
(G) M0di6catiOlU to rights of Series 1997 Bondho!ders;
(H) Redemptions;
(1) Defeasances;
(1) Release, substitution, or sale of propmy securing repayment of the Series 1997
Bonds;
2
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09/0S/g7
lS:H
",813 281 0129
~& S TAliPA
III 0040 I 007
(K) Rating clw1ges; and
(1.) Notice of any failure on the part of the Issuer or any other Obligal~ Person (as
defined herein) to meet the requirements of Section 2 hereof
The Issuer may from time to time, in its discretion, choose to provide notice or the
0CCUlTC1Ce of certain other events, in addition to those listed in this Section 3, if: in the judgment of
the Issuer, such other events arc material with respect to the Series 1997 Bonds. but the Issuer does
not specifically undertake to commit to provide any such additional notice of the occurrence of any
material event cx~t those events listed above.
Whenevu the Issuer obtains knowledge of the occurrence of a significant event descnOed in
this Section 3. the Issuer shall as soon as possible determine ifsucb event would be material UDder
applicable federal securities law to holders of Series 1997 Bonds. provided, that any event under
clauses (D), (E). (F), (K) or (L) above will always be deemed to be material.
SECTION 4. NRMSlRs. The NRMSIRs to which the IssuCf shall provide the
information described in Sections 2 and 3 above, to the extent required, shall be the following
organizations, their successors and assigns:
(A) Bloomberg Municipal Repository
P.O. Box 840
Princeton, New Jersey 08542-0840
Phone: 6091279.3200
Fax: 6091279-5962
(B) Thomson NRMSIR.
Attn: Municipal Disclosure
395 Hudson Street, 3rd Floor
New York, New York 10004
Phone: 212/807-5001
Fax: '212/989-2078
(C) Disclosure, Inc.
S 161 River Road
Beth~ Maryland 20816
Ann: Document AcquisitionsIMuniapaJ Securities
Phone: 3011951-1450 (iswcr-related questions)
800/638-8241 (for purchase of documents)
Fax: 301n18.2329
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(D) Moody's NRMSIR
Public Finance Information Center
99 Church Street
New York, New York 10007
Phone: . 800/339-6306
Fax: 212/5S3-1~
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(E) Kenny Infonnation Systems, Inc.
6' Broadway, 16th Floor
New York. New York 10006
Phone: 2121770-4595
Fax: 2121797..7994
(F) Donnclley Financial
Municipal Securities Disclosure Archive
559 MaiD Street
Hudson, Massachusetts 01749
Phone: 800/580-3670
Fax: 5081562-1969
(G) OPC Data Inc.
One Executive Drive
Fan Lee, New Jersey 07024
Pbone: 2011346-0701
Fax: 2011947-0107
(H) Any NRMSnu that are established subsequently and approved by the SEC.
(J) A list of the names and addresses of aU designated NRMSIRs as of any date may
currartly be obtained by calling the SEC's Fax on Demand Service at 2021942.8088 and requcs1ing
document number 0206.
SECTION So NO EVENT OF DEFAULT. Notwithstanding any other provision
ill the Qrrlimnc;e to the contrary. &iJure of the Issuer to comply with the provisions of this Disclosure
Certificate sbaD not be considered an event of default under the Ordinance; provided, however, any
Series 1997 Bondholder may take such actions as may be DCCeml)' and appropriate, including
pursuing an ldion for ~nCWnUS or specific perl'ormance, as appIicabl~ by court order, to cause the
Issuer to c;ompIy with its obligations hereunder. For purposes of this DiK:J'osure Certificate, "5crics
1997 Bondholder" shall mean any person wbo (A) has the power, directly or indirectly, to vote or
consent with respect to, or to dispose of OWllcr&hip ot; any Series 1997 Bonds (including persons
. hOlding Series 1997 Bonds through nominees, depositories or other inlennediaries), or (B) is treated
as the OWDa' of any Series 1997 Bond for federal income tax pmposes.
4
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SECTION 6, IN CORPORA nON BY REFERENCE. Any or aJl of the
Dormation required herein to be disclosed may be incorporated by reference from other documents,
including official statements or debt issues of the Issuer of related public entities, which have been
submitted to each of the NRMSIRs and the SID, irany, or the SEC. lfthe document incorporated
by reference is I final ofIiciaI statement, it must be available from the MSRB. The Issuer shall c19l'1y
identify ~ docuiWGt in~:por!!ed by reference.
SECIlON 7. DISSEMINATION AGENTS, The Issuer may, from time to timcJ
appoim or engage a dissemination agent to aui.st it in carrying out its obligations under thb.
Disclosure Certificate, and may discharge any such agent, with or without appointing a successor
ctisseminating agent.
SECI10N 8. TERMINATION. The Issuer's obligations under this Disclosure
Cenificate shall tenninate upon (A) the legal defeasance, prior redemption or payment in full of all
of the Series 1997 Bonds, or (8) the termination of the continuing disclosure requirements of the
Rule by legislative. judicial or adIhinistrative action.
SECIlON 9. AMENDMENTS, Notwithstanding any other provision of this
Disclosure Ccrtificate, the Issuer may amend thi, Disclosure Certificate, and any provision may be
waived, if such amendment or waiver iI supported by an opinion of counsel that is nationally
recognized in the area offedera1 securities laws. to the effect that such amendment or waiver would
not, in and ofitsel( cause the wuienBkings herein to violate the Rule if such amendment orWlliver
had been drective on the date hereofbut taking into actOunt any subsequent change in Dr official
intel'betation of the Rule.
SEerION 10. ADDmONAL ~FORMA nON. Nothing in this Disclosure
Certificate shaI1 be deemed to prevent the Issuer from disseminating any other information, using the
means of dissemination set forth in this Disclosure Certificate or any other means of communication,
or includinS any other infonnation in its annual infonnation described in Section 2. hereof or notice
ofocaurence ora significant event described in Section 3 hereof. in addition to that which is required
by this Disclosure Certificate. If the Issuer chooses to include any infonnation in its annual
information or notice of occurrence of a significant event in addition to that which is specifically
required by this Disclosure Certificate. the Issuer shall have no DbligatiDD under this Disclosure
Certificate to update such information or include it in its future annual information or notice of
oa:mn:Dce ora significant event.
SECTION 11. OBLIGATED PERSONS. If any person. other than the Issuer,
bowmes an Obligated Person (u defined in the Rule) relating to the Series 1997 Bonds. the Issuer
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, shall use its'hest efforts to require such Obligated Person to comply with au provisions of the Rule
applicable to such Obligated Person. '
Dated September 1, 1997
ATTEST:
CIlY' OF CLEARWATER, FLORIDA
By:
CitY Clerk
Mayor
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COKHITXBN'l' I'OR KOHICIPAL BOND INSURANCB
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MBIA
COMMITMENT TO ISSUE A
FINANCIAL GUARANTY INSURANCE POLICY
Application No.: 1997~005853.02
Sale Date: September 1997 (t)
Program Type: Negotiated DP
Re: $8.660,000 (est.) City of Clearwater, Florida, Gas System Revenue Bonds~ Series 1997A
(the "ObligationstJ)
This commitment to issue a financial guaranty insurance policy (the "Commitment")
dated September 3, 1997, constitutes an agreement between CITY OF CLEAR WATER.
FLORIDA (the "Applicant") and MBIA Insurance Corporation (the t1lnsurer"), a stock insurance
company incorporated under the laws of the State of New York.
Based on an approved application dated September 3, 1997, the Insurer agrees, upon
satisfaction of the conditions herein, to issue on the earlier of (i) 120 days of said approval date
or (ii) on the date of delivery of and payment for the Obligations, a financial guaranty insurance
policy (the "Policy") for the Obligations, insuring the payment of principal of and interest on the
Obligations when due. The issuance of the Policy shall be subject to the following tenns and
conditions:
1. Payment by the Applicant. or by the Trustee on behalf of the Applicant, on the date
of delivery of and payment for the Obligations. of a nonrefundable premium in the amount of
.195% of total debt service, premium rounded to the nearest thousand. The premium set out in
this paragraph shall be the total premiwn required to be paid on the Policy issued pursuant to
this Commitment.
2. The Obligations shall have received the unqualified opinion of bond counsel with
respect to the tax-exempt status of interest on the Obligations.
3. There shall have been no material adverse change in the Obligations or the
Resolution. Bond Ordinance, Trust Indenture or other official document authorizing the issuance
of the Obligations or in the final official statement or other similar docwnent, including the
financial statements included therein.
4. There shall have been no material adverse change in any information submitted to
the Insurer as a part of the application or subsequently submitted to be a part of the application
to the Insurer.
5. No event shall have occurred which would allow any undeIWriter or any other
purchaser of the Obligations not to be required to purchase the Obligations at closing.
6. A Statement of Insurance satisfactory to the Insurer shall be printed on the
Obligations.
7. Prior to the delivery of and payment for the Obligations. none of the information or
docwnents submitted as a part of the application to the Insurer shall be determined to contain
any untrue or misleading statement of a material fact or fail to state a material fact required to
be stated therein or necessary in order to make the statements contained therein not misleading.
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8. No material adverse change affecting any security for the Obligations shall have'
occurred prior to the delivery of and payment for the Obligations.
9. This Commitment may be signed in counterpart by the parties hereto.
10. Compliance with the Insurer1s General Document Provisions (see attached).
Dated this 3rd day of September. 1997.
MBIA Insurance Corporation'
By
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Assistant Secretary
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By:
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GENERAL DOCUMENT PROVISIONS
A. Notice to the Insurer The basic legal documents must provide that any notices required to
be given by any party should also be given to the Insurer, Attn: Insured Portfolio
Management.
B. Amendments. In the basic legal document, there are usually two methods of amendment.
The first, which typically does not require the consent of the bondholders, is for
amendments which will cure ambiguities, correct fonnal defects or add to the security of
the financing. The second, in which bondholder consent is a prerequisite, covers the more
substantive types of amendments. For all financings, the Insurer must be given notice of
any amendments that are of the first type and the Insurer's consent must be required for all
amendments of the second type. All documents must contain a provision which requires
copies of any amcndments to such documents which are consented to by the Insurer to be
sent to Standard & Poor's.
C. Supplemental Legal Document. If the basic legal document provides for a supplemental
legal document to be issued for reasons other than (I) a refunding to obtain savings; or (2)
the issuance of additional bonds pursuant to an additional bonds test, there must be a
requirement that the Insurer's consent also be obtained prior to the issuance of any
additional bonds and/or execution of such supplemental legal document.
D. Events of Default and Remedies. All documents nonnally contain provisions which define
the events of default and which prescribe the remedies that may be exercised upon the
occurrence of an event of default. At a minimum, events of default will be defined as
follows:
1. the issuer/obligor fails to pay principal when due;
2. the issuer/obligor fails to pay interest when due;
3. the issuer/obligor fails to observe any other covenant or condition of the document
and such failure continues for 30 days and
4. the issuer/obligor declares bankruptcy.
The Insurer, acting alone, shall have the right to direct all remedies in the event ofa default. The
Insurer shall be recognized as the registered owner of each bond which it insures for the purposes
of exercising all rights and privileges available to bondholders. For bonds which it insures, the
. Insurer shall have the right to institute any suit, action, or proceeding at law or in equity under
the same terms as a bondholder in accordance with applicable provisions of the governing
documents. Other than the usual redemption provisions, any accelcration of principal payments
must be subject to the Insurer's prior written consent.
E. Defeasance requires the deposit of:
I. Cash
2. U.S. Treasury Certificates, Notes and Bonds (including State and Local Government
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3. Direct obligations of the Treasury which have been stripped by the Treasury itself.
CATS, TIGRS and similar securities
4. Resolution Funding Corp. (REFCORP) Only the interest component of REFCORP
strips which have been stripped by request to the Federal Reserve Bank of New York in
book entry form are acceptable.
5. Pre-refunded municipal bonds rated IIAaall by Moody's and IlAAA" by S&P. If
however, the issue is only rated by S&P (Le., there is no Moody's rating), then the pre.
. refunded bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed
. obligations, or AAA rated pre-refunded municipals to satisfy this condition.
6. . Obligations issued by the following agencies which are backed by the full faith and
credit ofibe U.S.:
a. U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownersl~ip
b. Fanners Home Administration (FmHA)
Certificates of beneficial ownership
. c. Federal Financine. Bank
d. General Services Administration
. Participation certificates
e. U.S. Maritime Administration
Guaranteed Title Xl financing
f. U.S. Department of Housing and Urban Development (HOD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed public
housing notes and bonds
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F. Aeents:
I. In transactions where there is an agent/enhancer (other than the Insurer), the trustee.
tender agent (if anY)t and paying agent (if any) must be commercial banks with trust
powers.
2. The remarketing agent must have trust powers if they are responsible for holding
moneys or receiving bonds. As an altemat~ve, the documents may provide that if the
_, _ remarketing agent is removed, resigns or is unable to perform its duties, the trustee
must assume the responsibilities of remarketing agent until a substitute acceptable to
the ~nsurer is appointed. .
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COMMITMENT TO ISSUE A
FINAl'~CIAL CU..'..P_~NTY INSURANCE POLICY
Application No.: 1997-005853-01
Sale Date: September 1997 (t)
Program Type: Negotiated DP
Re: $14,395,000 (est.) City of Clearwater, Florida. Gas System Revenue Refunding Bonds.
Series 19978
(the ttObligations")
This commitment to issue a financial guaranty insurance policy (the "Commitment")
dated September 3, 1997, constitutes an agreement between CITY OF CLEARWATER.
FLORIDA (the "Applicant") and MBIA Insurance Corporation (the "Insurer"), a stock insurance
company incorporated under the laws of the State of New York.
Based on an approved application dated September 3, 1997, the Insurer agrees. upon
satisfaction of the conditions herein, to issue on the earlier of (i) 120 days of said approval date
or (ii) on the date of delivery of and payment for the Obligations, a financial guaranty insurance
policy (the "Policy") for the Obligations, insuring the payment of principal of and interest on the
Obligations when due. The issuance of the Policy shall be subject to the following teoos and
conditions:
1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date
of delivery of and payment for the Obligations, of a nonrefundable premium in the amount of
.195% of total debt seIVice, premium rounded to the nearest thousand. The premium set out in
this paragraph shall be the total premium required to be paid on the Policy issued pursuant to
this Commitment.
2. The Obligations shall have received the unqualified opinion of bond counsel with
respect to the tax-exempt status of interest on the Obligations.
3. There shall have been no material adverse change in the Obligations or the
Resolution, Bond Ordinance, Trust Indenture or other official document authorizing the issuance
of the Obligations or in the final official statement or other similar document, including the
financial statements included therein.
4. There shall have been no material adverse change in any infonnation submitted to
the Insurer as a part of the application or subsequently submitted to be a part of the application
to the Insurer.
5. No event shall have occurred which would allow any underwriter or any other
purchaser of the Obligations not to be required to purchase the Obligations at closing.
6. A Statement of Insurance satisfactory to the Insurer shall be printed on the
Obligations.
7. Prior to the delivery of and payment for the Obligations, none of the infoooation or
documents submitted as a part of the application to the Insurer shall be deteooined to contain
any untrue or misleading statement of a material fact or fail to state a material fact required to
be stated therein or necessary in order to make the statements contained therein not misleading.
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8; 'No material adverse change affecting any security for the Obligations shall have
occurred prior to the delivery of and payment for the Obligations.
9. This Commiunent maybe signed in counterpart by the parties hereto.
10. Compliance with the Insurer's General Document Provision (see attached).
11. Compliance with the Insurer's Standard Conditions for Refundings (see attached).
'Dated this 3,rd day of September, 1997.
MBIA Insurance Corporation
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Assistant Secretary
CITY OF CLEARW A TERt FLORIDA
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GENERAL DOCUMENT PROVISIONS
A. Notice to the Insurer The basic legal documents must provide that any notices required to
be given by any party should also be given to the Insurer, Attn: Insured Portfolio
Management.
B. Amendments. In the basic legal document. there are usually two methods of amendment.
The first, which typically does not require the consent of the bondholders, is for
amendments which will cure ambiguities, correct formal defects or add to the security of
the financing. The second, in which bondholder consent is a prerequisite, covers the more
substantive types of amendments. For all financings, the Insurer must be given notice of
any amendments that are of the first type and the Insurer's consent must be required for all
amendments of the second type. All documents must contain a provision which requires
copies of any amendments to such documents which are consented to by the Insurer to be
sent to Standard & Poorls.
C. Supplemental Legal Document. If the basic legal document provides for a supplemental
legal docwnent to be issued for reasons other than (I) a refunding to obtain savings; or (2)
the issuance of additional bonds pursuant to an additional bonds test, there must be a
requirement that the Insure~s consent also be obtained prior to the issuance of any
additional bonds and/or execution of such supplemental legal document.
D. Events of Default and Remedies. All documents nonnally contain provisions which define
the events of default and which prescribe the remedies that may be exercised upon the
occurrence of an event of default. At a minimum, events of default will be defined as
follows:
1. the issuer/obligor fails to pay principal when due;
2. the issuer/obligor fails to pay interest when due;
3. the issuer/obligor fails to observe any other covenant or condition of the document
and such failure continues for 30 days and
4. the issuer/obligor declares bankruptcy.
The Insurer, acting alone, shall have the right to direct all remedies in the event of a default. The
Insurer shall be recognized as the registered owner of each bond which it insure.s for the purposes
of exercising all rights and privileges available to bondholders. For bonds which it insures, the
Insurer shall have the right to institute any suit, action, or proceeding at law or in equity under
the same tenns as a bondholder in accordance with applicable provisions of the governing
documents. Other than the usual redemption provisions. any acceleration of principal payments
must be subject to the Insurer's prior written consent.
E. Defeasance requires the deposit of:
1. Cash
2. U.S. Treasury Certificates, Notes and Bonds (including State and Local Government
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3. Direct obligations of the Treasury which have been stripped by the Treasury itself.
CATS, TIGRS and similar securities
4. Resolution Funding Corp. (REFCORP) Only the interest component of REFCORP
strips which have been stripped by request to the Federal Reserve Bank of New York in
book entry fonn are acceptable.
S. Pre-refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If
however, the issue is only rated by S&P (Le., there is no Moody's rating), then the pre-
. refunded bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed
obligations, or AAA rated pre-refunded municipals to satisfy this condition.
6. Obligations issued by the following agencies which are backed by the full faith and
credit of the U.S.:
a. V.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
b. Fanners Home Administration (FmHA)
Certificates of beneficial ownership
c. Federal Financing Bank
d. General Services Administration
Participation certificates
e. U.S. Maritime Administration
Guaranteed Title XI financing
f. V.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed public
housing notes and bonds
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F. Agents:
1. In transactions where there is an agent/enhancer (other than the Insurer), the trustee,
tender agent (if any), and paying agent (if any) must be commercial banks with trust
powers.
2. The remarketing agent must have trust powers if they are responsible for holding
moneys or receiving bonds. As an alternative, the documents may provide that if the
reinarketing agent is removed, resigns or is unable to perform its duties, the trustee
must assume the responsibilities of remarketing agent until a substitute acceptable to
the Insurer is appointed.
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STANDARD CONDITIONS FOR REFUNDINGS
A. Receipt by the Insurer of the final debt service schedule on the issue within three business
days from the sale date.
B. Receipt, satisfactory review and subsequent oral approval by the Insurer at least ten days
in advance of closing of draft copies of:
1. . a verification by an independent CPA firm of the sufficiency of the escrow to
timely retire the refunded bonds;
2. the escrow securities purchase contracts of SLG subscription forms or open
market confirmations; and,
3. the escrow agreement
Final and signed copies of all the above documents to be sent via overnight mail from
closing.
An independent CPA firm is defined as a licensed CPA finn acting at anns length of the
transaction on behalf of the bondholders. It may. not be the underwriter, bond counselor
financial adviser for the refunding issue. The firm must carry errors and omissions
insurance. The Insurer reserves the right to review the provider of the verification on a deal
. by deal basis.
C. Receipt by the Insurer at least five business days prior to closing of a draft opinion from
. Bond Counsel (or Special Tax Counsel) to the effect that the refunding bonds are being
issued in compliance with state law and that the interest on the refunding bonds is tax-
exem~t.
D. Receipt by the Insurer at least five business days prior to closing of a draft opinion from
Bond Counsel stating that the refunded bonds have been legally defeased. (This condition is
only applicable in those situations where the refunding issue is legally defeasing the
refunded issue.) Final executed copies of items C and 0 to be sent via overnight mail.
E. If the escrow agreement allows for the substitution of securities in the escrow account,
then it should be provided in the escrow agreement that no such substitution may occur
unless there has first been delivered to the escrow agent/trustee, (1) a CPA verification that
the escrow investments, as substituted, are sufficient to pay debt seJVice, as it becomes due,
on the refunded bonds and (2) an opinion of nationally recognized bond counsel to the effect
that the substitution is permitted under the documents and the substitution has no adverse
effect on the tax-exempt nature of the refunding bonds. See 2 above for the definition of an
independent CPA.
F. Escrow investments must be limited to:
,1. Cash
2. U.S. Treasury Certificates, Notes and Bonds (including State and Local
, Government Series -- "SLOS").
3. Direct obligations of the Treasury which have been stripped by the Treasury itself.
CATS, TIGRS and similar securities.
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.NIBIA
4. Resolution Funding Corp. (REFCORP) Only the interest component of
REFCORP strips which have been stripped by request to the Federal Reserve Bank of New
York in book entry form are acceptable.
5. Pre-refunded municipal bonds rated "Aaa" by Moody's and "AAA" by S&P. If
however. the issue is only rated by S&P (i.e., there is no Moody's rating), then the pre-
refunded bonds must have been pre-refunded. with cash, direct U.S. or U.S. guaranteed
obligations, o'r MA rated pre-refunded municipals to satisfy this condition.
6. Obligations issued by the following agencies which are backed by the full faith
and credit ofthe U.S.:
a. U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
b. Fanners Home Administration (FmHA)
Certificates of beneficial ownership
c. Federal Financing Bank
d. General Services Administration
Partici pation certificates
e. U.S. Maritime Administration
Guaranteed Title XI financing
f. U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed
debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed public
housing notes and bonds
G.lf a forward supply contract is being executed in conjunction with the reftmding (or
subsequent to the closing of the refunding transaction), the following conditions must also
be met:
1 The Insurer must review and approve the forward supply contract at least five
business days prior to closing (or after closing, at least five business days prior to execution
if 110t contemplated at the time of closing).
2 The forward supply contract must provide by its tenns that the securities delivered
under the forward supply are sufficient (when taken with other funds remaining in the
escrow) as to amount and timeliness to retire the refunded bonds.
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3 The Insurer requires an opinion from a nationally recognized bankruptcy counsel
. that the securities in escrow and payments to owners of refunded bonds will not constitute
assets of the fsc supplier and will not be subject to automatic stay in the event of bankruptcy
and/or insolvency of the supplier.
4. The supplier of the securities delivered under the forward supply contract must
affirm in the contract that it has no rights to or interest in the monies or securities held in the
escrow.
S. The escrow agent must be acceptable to the Insurer. The Insurer reserves the right
to replace the escrow agent for cause.
6. See 6 above for investments pennitted under the forward supply contract.
Investments must be non-callable.
7. The supplier should have no right to substitute the original escrow securities. The
supplier. may substitute securities previously delivered by the supplier under the forward
supply contract only if:
a. The substituted securities mature on a date that is later than the previously
delivered securities would have matured; and
b. The substituted securities mature prior to the date needed to pay principal
and/or interest on the bonds.
8. Two days before each delivery date for the forward supply securities, the escrow
agent must notify the Insurer in writing of the securities to be delivered, the maturity amount
of the securities and the maturity date.
9. The forward supply contract cannot be wnended or modified without the Insurer's
written consent.
5/6/93
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1HE MBlA INSURANCE CORFORAnON INSURANO! POllCY
1b: fuUowing infonnation has been furnished by MBlA Insur.ux:e Corporation (Ib: "Insurer") for use in this Official S\a1eJrenl Rcfcrcn:c is
made to Appendix _ for a specimen ofth: lru.urer's policy.
The Insurcts policy unconditionally and irrevocably guaran\.l:cs the full atd complete ~ required to be made by or on bcllalf of the Issu:r to
tb: Paying Agent or its ~r of an amowu cquaI to (i) the principal of (either at the starOO maturity or by an adv.mc:cmcnt of maturity pursuant lD
a mandatory sinking fund payment) and intert:& on. the Bonds as such payments shall become due 00t shall not be so lXlid (e.xcqt that in the event of
any aa:eleratioo fA the due date of such priIv:iJXll by n:ason of mandatoIy or optional rcdentpioo or ao;clerntion re:suJting from deliwlt or ~
ab:r than any adwoo:m::nt of ma1Urity ~ to a mandatory sinking fund JXI)1llCIJt. the paymenlS guaranteed by tb: Insurets policy shall re
made in su::h atDJUDts am at su::h times as Qd1 ~ of principll oould have been doo had there na been any 5lx:h aca:Jer.ujon); and (u) !he
~ U any &u:h payment mUch is ~ IlX:CM."l'Cd iiom any owner of tOO Boods p.usuant to a final judgment by a court of
OXllpdCnljurisdidioo that QX:h paym:n1 ~ an avoidable preference to su:h O'om:r within the meaning d any applicable ~ law (a
ttprd'C1O:lCC").
The InsureI's policy does net im1Ire ~ loss d any prcpaymcn1 premium much may at any time be ~e with ~ to any Bond The
Iosurds policy does mt, under any ~ insure against 10&0; relating to: (i) qfulaI or m:uvb1~ rOOempcims (~ than mandatory
sinking fimd mhnptioos); (u) any payments to be made 00 an accdern.ted basis; (rn) JXl)'Drnts ri the pun::ba9: price of Bonds upon tcoder by an
owner tbertd; or (iv) any Pu~fenn:e relating to (i) through (w) above. The Imurcts policy a100 does not insure against IlOIJP'lYIDCJ11 of'principal cI or
imeRst on the Bond<; rcsufting fiom the incdYcncy. rqJigrnce or any ~ ad or omission clthe Paying Agent or any other JX1Ying ~ for the
Bonds.
. Upon rec:r4t ritekpbooic or telegrapbic ocOa; m:h oodce ~ coofiIm:d in writing by registered or cerufic:d mall, or upon ~ of
Vr'riUcn IKlCial by registatd or a:rtified mai1. by the Wurer from the Paying ~ or any 0MlCI" rt a Bom the ~ d an insured aJDOUJt for
vmicb is then cb, tha19Xh rcqui<<:d paym:m bas DOt been ~ the Insurer on the due date rL su:h paym:01 or mthin 00: ~ day after re::cip(
clnoticx:; ofru:h noopayment, whicbeYcr is 1a1a'. will make a deposit offund<;, in an account with State Street Bank and Trust Company. NA, in
New Ymc, New yen. or its SlKX:eSSOr, sufficient for the p3)'DlClJt rtany such insurOO amounts which arc then due. Upon ~ and surrerd:r
clwcb Bonds or p~ lllitem dfiUCb other procl r:f ownersWp fithe Bonds. together with any ~i.4e instruments ri ~gJ1mrnt to ~ the
assigJtl1Y11t rLlbe insured annmts due OIl the Bonds ~ 8M ~ by the Insurer, and w~riatc imtrume.ols to drect the ~ntnYm of the lm1Jrer as
aged for tu:h 0MlCfS clthe Boms in any ~ prrvwwtil18 related to payment d imurtd amoonts 00 the ~ su:h instn.Imems bcing in a fixm
~ 10 Sbte SIrect Bank and Tn& Olmlxmy, NA, State Street Bank and 1iust Company, NA shall disbur9: to soc.h owne:s or the Paying
AgpJt payIIJCQ. dthe insured amounts due on web Bonds. k!;s any amount beJd by the Paying Agem for the paymcm rL ooch insured amoonrs aIX1
Icr;1I1y availOOIe tberdbr. .
The Imurer ~ the principal opernting Slbsidiary ciMBIA Inc., a New YOlk Stock Exx:hange mted axnpany. MBlA Ire is not 00ligatL'd to JX1Y
1h: d:tlts cl or daims against the Imurer. The Insurer is domlciled in the State clNcw YOlk am 1io:m:d to do business in and ~ to regulation
UDder the laws rlall SO ~ the District ci C'.ohmti3. the Cooumnwealth ciPtrrto Rico. the Coounomwalth clthe Nonhem Mariana:Islarm. the
Vugin IsIaods clthc United Slates and the TenitoIy dGuam The Insurer bas two European braIdlcs. ooc in the RqlWIic clFranoo aOO the otba' in
the Kingrbn eX SpUn. New Yolk has laws pn:s::ribing minimum capital n:quircmems, limiting ~ and oorx:entrntioos cl ~ ani
~ the llAXOWl ofpolicy rn1l:s and forms. State laws aW regulate the amooo1 afOCth the aggregate and individual risks that may be insured.
the PJYDlCDl cI cIividcn& by tbe Insurer. changes in c:ootrol am. tnln<:v1ions amoog mfilia1es. Additiooally. the Im11rer is required to maintain
~ Ieserves 00 its liabilities in ~ aunmts and for certain periods of time.
As fi. Dc:o::okt 31, 1996 the Insun:r bad admitted ams d. $4.4 billion (aOOited). tOOIlliabrli1~ of $3.0 billioo (aOOi1c:d). and loIal capital aOO
S1.D'pIm ri $1.4 biIIioo (aJditOO) dctem1ined in aa:ordance with Slatu10ry DCXXlUlWing pradia:s pres::ribcd or pcm1ittr:d by insurnnce regulafory
aurhoritics. As cl.Jum JO, 1997. the Imurerhad admitted ~of$4.8billion (l.lD3OOited), totalliabiliticsof$3.2 billion (unaudited), and total capital
and swpIus d'$1.6 billioo (unaudited) dctermincd in a:xordan::c with SIatuloIy accoonting prac:tia::s pn:s:nbcd or p::nniU.cd by insurance regulatory
adhOOties.
PuItbcnnIxe, cqjcs dtbe InsurcI's year em finan::iaI ~ prepared in axordancc wi1h statutory acaJUnting practia:s are available without
charge fiom the Insurer. A copy of tile AnImal Report 00 Form 1O-K m MBIA Inc. is B\'i1i1OOIc 1ium the Insurer or fbe Securities and E1a:bange
, Coounim:icn The addre$ cithe Insurer is 113 King Street, Annook. New York toS04. The ~ llUJOOer clthe Insurer is (914) 273-4545.
Moody's Investor.; ScMce, Inc. rates the daiIm paying OOilily rithe Immer "Am".
Stuidard & Pocx's Ratings SeMa:s, a dMsioo of1be MdJrnw.Hill ~ Jnc.. rn!cs tOO claims Jl!}'iog ability of the Insmcr "AM".
Fdd11r1vr.fltors ScMce. LP. mtes the claims prying 00ility ritbc InslU"Cl''' AAK.
Each rating cl the Insun:r sbou1d be evalua1l:d i~!y. The ~ rdJcct the ~ rating agency's ament ~ d the
~ ri tOO lo.<ma' and its 00ilit;y to pty c:iaiIm 00 its poIkies cl imuraoo:. A1rJ fi.utln' opImnlitx1 as to the slgnificmre of O:.e <ixJve
ratings: may be daiId only fh:m the WicOOIe rating agco:;.y.
The tlxm ~ are not m:xmmendations to buy. scI1 or hold the ~ and ooc:h ~ may be a:ijed 10 revision or wi1hdmwal at any time
by the mUng ~ Any dawnwanl revision Of witIxIrawal many cl the SxNc ~ may have an 00ver9: dro::t 00 the mada::t price ri the
Boock The lmun:r cb.'s oot guamnty the mada:t.picc dthe Boods-JU does.it.guar;;mty tbatJhe-.mtings.:mrtbo13mduwl:DOt..m.J:C\'.ised.~
withdmwn.
The in.<mance provkbl by tltis Potic.y is not oovcrerl by the F10rida ImIraoc.c Guaianty ~ ata1cd wider chapter 631, Florida Statutes.
FL
~-_T
MBIA
FINANCIAL GUARANTY INSURANCE POLICY
MUlA Insurance Corporation
Armonk, New Yark 10504
Policy No. [NUMBER]
MBlA Insurance Corporation (the "Insurer"), in considerotion of the payment of the prcrniwn and subject to the \cm1S of this policy, hereby
uncooditionaI1y and irrevocably guarantees to any owner, as hereinafter defined, of tile foUowing described obligations, the full and complete payment
required to be made by or on bd1a1f of the Issuer to [mSERTNAME OF PA YlNG AGENT] or its successor (the "Paying Agent? of an amount equal
to (i) chc JXincipal of (either at the stated maturity or by any advancement ofmalUrity pursuant to a mandatocy sinking ftmd payment) and interest on,
the Obligations (as that tenn is defined below) as such pa)111enls shall become due but shall not be so paid (except that in the event ofany acce1amioo
oClbe due date of such pinclpal by r=;oo of mandatocy or optional redemption or acceleration resulting from defiIult or ~ ahc:r than any
Idvaoccment ofmaturity pur.iU8l1t to a mandatory sinking fund payment, the payments guaranteed hereby shall be made in such BmOUIJls and at such
times m such paymcnls ofpinc:ipal would have bc:cn due had there not beat any such accelc:ratioo); and fn) the reimbursement of any such paymart
which is subsequently recovenld fitm IlD)' owner pur.;uant to a final judgment by a oourt of competent jurisdiction that such payment constitutes an
avoidable pefaeuoe to such owner within d1e meaning of any applicable bankrup(cy Jaw. The amolD'lts rcfcm:d to in clauses (i) and fn) of the
JRCCding sentence shaU be refcmd to herein collectivcly as d1e "Insured Amounts." "Obligations" shall mean:
[PAR}
(LEGAL NAME OF ISSUE]
Upoo receipt ofrclcphooic or~ nocicc, such notice subscquen1Iy confimted in writing by registerOO cr certified mail, ex' upoo ~ ofwrittcra
DOCioe by te&isteacd or certified mail, by the lns1..a'et from the Paying Agent CI' any 0\mCI' of an Obtigalion the pa)Tl1ent of an Insured Amount fer which
is 1bcn due; that &UCh required payment I1l3 not been made, the Insurer m the We date of such paymcm or within me business day a.fh:r rco:ipt ofnoticc
ofsudl ~ whichever is later, will make a dcpooitoffuncls, in an 8CQOUI1t with State Street Bank and Trust Cootpmy, N.A., D New Yule,
New Yak, or its succcsser, sufficient fir the payment of any such Insured Amounts which are then We. Upon pesentment and surn:oder of sudt
Obligatims or p-escntment of such other proof of ownership of the Ob~ together with any appq. iate instnunents of nssignmcnt to evidence
1bc ~ oftbe Insured Amounts me Cll the Obligatioos as are paid by the Insurer. and appcpiate instnuncnls to effect the appointment of tile
Insun:ns agent for such owners of tile Obligatioos in any legal ~ir1g reJafed to payment of Insured Amounts 00 the Obligatkm. such instrumcms
being k1 a Coon saIis~ to smte Street Bank and Trust Company, N.A, State Street Bank end 1iust Company, NA sbaIl ~ to such owners,
CI' the" Paying Agent p3)111mt of the Insured Amounts due m such ObligBlions, less any omourrt held by the Paying Agent fir the payment of such
Insun:d Amounts and legally available thetefoc. This policy does not insure agaimt loss of any p-cpaymart pmnitun whid1 may at any time be payable
with respect to any Obligaticn
AS used badn. the tcnn 1I0'NllCt' shall mean the n:gistcred owner of BOy Obligation as indicated in the books maintained by the Paying Agent, the
Issuer. CI' any designee of the Issuer foc such pwpose. The tcnn owner sbalI not include the Issuer oc any party whose ugrecmmt wim the Is&lc:r
CXXlStitutes the W1derfying secwity foc the Obligations.
Any serJicc ofprocess on the Insurer may be made to the Insurer at its OfflCCS located at 113 King Street, Armonk, New Y cxk 10504 and such senice
ofp'OCeSS shall be valid and binding.
This policy is non<anceUabJc fer any reascn. The premium on this policy is not rcfimdable foc any reason including the payment prior to ma1urity of
the Obligations.
The insurance puvided by this policy is not covered by the f10rida 1ns\mmce Guaranty Associatioo created tmdcr charter 631, Florida Statutes.
IN WIlNESS WHEREOF, the Insurer Iw caused this policy to be executed in facsimile on its behalfby its duly IlUthc.rized offJCetS, this IDA Y] day of
[MONlH. YEAR].
COUNTERSIGNED:
MBJA Insurance Corporation
Resident Uccnscd Agent
~I2CI
City, State
Assistant Secretary
Attest:
STD-Rcs-fL-6
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5T ^ TEMENT OF INSURANCE
:>.1BIA Insunll1cc Corporation (the "Insurer") has issued a policy containing the following provi~ions. such pol icy
bCllIg. \Ill lile at [ISSERT !;;lAME OF TRUSTEE Of{ 1'..\ )"1:"-0 :\GEST. ISCLUDlNG CITY. 51'1\ 1"Ej,
The Insurer. in consideration of the pa~ Ill..nt of the premium and subject to the tcnns 01" tillS pulicy. hcreb~
un~ul\l.Jjliull,llIy and irrevocably guarantees to an;. ~l\\ ner. J.S hercin,ltter defined, of the follo\\ ing describeJ obligations. the
full and complete payment required to be made by or on behalf of the Issuer to [INSERT NAME OF TRUSTEE OB,
PA YING AGENT} or its successor (the "Paying Agent") of an amount equal to (i) the principal of (either at the stated
maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on. the Obligations
(as thaI lerm is defined below) as such payments shall become due bur shall nor be so paid (except that in the event of any
acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from
default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments
guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had
there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from
any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable
preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and
(ii) of the preceding sentence shalt be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean:
[INSERT LEGAL TITLE OF BONDS, CENTERED AS FOLLOWS:]
[S'PAR AMOUNI]
{ISSUERl
[DESCRlPTION OF BONDS]
Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or
certified mail. or upon receipt of written notice by registered or certified mail. by the Insurer lTom the Paying Agent or any
owner of an Obligation the payment of an Insured Amount for which is then due. that such required payment has not been
. made. the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment,
whichever is later, will make a deposit of funds. in an account with Slate Street Bank and Trust Company. N.A.. in New
York. New York. or its successor. sufficient for the payment of any such Insured Amounts which are then due. Upon
presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together
with any appropriate instruments of assignment to evidence the assignment of the Insured Amounts due on the Obligations as
are paid by the Insurer, and appropriate instruments to effect the appointment of the l!1surer as agent for such owners of the
Obligations in any legal proceeding related to payment of Insured Amounts on the Obligations, such instruments being in a
fonn satisfactory to State Street Bank and Trust Company. N.A., Slate Street Bank and Trust Company, N.A. shall disburse
to such owners or the Paying Agent payment of the Insured Amounts due on such Obligations, less any amount held by the
Paying Agent for the payment of such Insured Amounts and legally available therefor. This policy does not insure against
loss of any prepayment premium which may at any time be payable with respect to any Obligation.
As used herein, the lenn "owner" shall mean the registered owner of any Obligation as indicated in the books
maintained by the Paying Agent, the Issuer, or any designee of the Issuer for such purpose. The tenn owner shall not include
the Issuer or any party whose agreement with the Issuer constitutes the underlying security for the Obligations.
Any service of process on the Insurer may be made to the Insurer at its offices located at 113 King Street, Annonk.
New York 10504 and such service of process shall be valid and binding.
This policy is non.cancellable for any reason. The premium on this policy is not refundable for any rCilSon including
the payment prior to maturity oflhe Obligatiom.
The insurance provided by this Policy is not covered by the Florida Insurance Guaranty Association created under
chapter 631, Florida Statutes.
MBIA Insurance Corporation
STD.R.FL.J
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ADDITIONaL PROVISIONS RBQUIRED BY MUNICIPAL BOND IN8URANCB
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PAYMENTS UNDER THE POLlCY
A. In the event that. on Ux: second BusiflCS'; Day, and again on Ule Business Day, prior to the ~nlent dale on tJlC Obti~ons, (he Paying
Agent has not rcccivcd sufficient moneys to pay all principal of and intCl'CS on the Obligntions due on U"IC socond rollO\\ing or following. as tI"IC ~
may be, Business Day, U"IC Paying Agent shall inuncdialc1y notify tile Insurer or its designee on the snme Business Day by telephone or tclcgrnph,
confinncd in writing by registered or certified mail. of the amount of the deficiency.
B. If Ule deficiency is made up in whole or in part prior to or on the payment date. the Paying Agent shall 00 notify the lmurcr or its I:bigooc.
C In addition, if the Paying Agent has notice that any BoOOholdet has been required to disgorge payments of principal or inlcmit on the
Obligatian to a trustee in Bankruptcy or aOOilOrs or others pursuant 1.0 a final judgment by a oowt r:l oomp;::tcnl jurisdiction that such paymc:nl
oonstitutes an avoidable preference to such BondOOldcr \\-ilhin the meaning of any applicable ~ laws, then the Paying Agall shall notify the
Insurer or its designee of such fact by telephone or telegraphic notice, oonfumed in writing by registered or catified mail
D. The Paying Agent is hereby irrcvoc3bJy designated. appointed. diredcd and authorized to act as altOl1lC:f-in.fuct fur Holders of the
ailigatioos as follows:
1. If arvJ to the extent there is a deficiency in amoonts n:quiIl'd to pay interest 00 the OOi~ons, the Paying Agent shall (a) execute
and deliver to Slate strci:t Bank and 1'rust Company, NA, or its ~rn under tOO Policy (the "Insurance Paying Agent"), in fonn
s:md:~ty to the 1n.surarx:c Paying Aga1l. an insbuJtm appointing the Insurer as agent for &JCb Holders in any ~ pnxx:cding related to
the paymeotofsuch inlen:stand an ~gnmen1.to the Insu:cr oCtllec1aims for int.crcst to which soch deficiency rcla1es and which are paid
by the Insurer. (b) nxrlvc as dcs:ignoo of the respective Holders (and DOt as Paying Agent) in a:::oordance with the tenor rl the Policy
pa:ym:nt fitm the Immrnce Paying Agent \\-ith ~ to the daims for interest 9J a\'Signed. and (c) disburse the same to Stdl respcdive
Holdern; am
2. If and to tOO extent of a deficiency in aJOOUI1tS required 10 pay principal of the OOi~ tOO Paying Agmt sbalJ (a) execute and
dc1iw.r to the In.<ma.nce Paying Agent in form SJti d':vil'K)' to the Imurnnc:c Paying Agent an i.o:strumen1 appointing the Insurer ru; agent fur
such HoIdc:t in any lcgal proc:o:ding relating to the pa:ym:ot of such pri.oc4nl and an ~gnmeot to the In.wcr d. any of the ()bIj2fllion
sUM:ndcrcd to the Imuranoo Paying agent of 00 nmch of tOO principal amoont thereof as has DOt previously been paid or for which mooc:ys
are not held by the Paying Agcu and awllable far!iUCh payment (but QJCb ~ sbaIl be ddivered only if payment fiom tOO I&lmmce
Paying AfJ:;d. is ~. (b) receive as designee of the ~ Holdcm (and lXt as Paying Agcm) in accordance mth the tenor of the
Polity paymmt therefor from the Insurance Paying Agott, aOO (c) disburse the same to such Hokbs.
E. Paymotts with respecl to claims for interest on and princiJxll of Obti~ons distmsed by the Paying Agent flum ~ of the Policy
man not be considered to dis::haIge the ooligation of the ~ with respect. to roc:b O:>Iigatioos, and the Insurer shall bca>mc Ule owner of su::h
UIlp3id OOI~~ and claims for the in1crest in aa:ordancx: with the ffOOr of the assigomeiJ1 made to it under tlle provisions of this ~ or
otherwise.
F. Irrespcdivcofwbctherany such ~gnment isexoo1lOO and ~ the ksuerand the Paying Agent hereby agrce for the benefit of the
Immer tha1:
1. They remgoize that to tl"IC ~ tOO Insurer makes payments, directly or indircdJy (as by JXlj'ing through the Paying Agent). 00
account d princ:ipll of or interest on the O>Ugatians, the ln9.Irer will be sWrogatoilo the rights of suc11 Holder.; to Il'Cciw the amount of
su::h priociJx1I and intmS from the Issuer, with ~ lh:roon as provided and &Oldy fiom tOO &lU1t:CS Qaled in this Indemwc and the
O>li~ and
2. They will aa:ordingly pay to the Insurer the amount m su::h principal and inlm:st (mduding prindpal aOO intcreo;t I'CCO"r'Cred tmdcr
Slilparagtaph (u) oftbe fmt JX1l38rnPh oflhe Policy, m1id1 piJlc#aJ and intc:rest shall be cb:m:d JXtSl due and net to have been JXrl.d). with
interest tbcrecn $ provided in this Indcnture and the 0>Iigati00. but ooly from the lWItCS aOO in the JUaIlJX7 provided herein for the
plYIDCnt eX principal of and interest on the OlUgations to Holders. and willl:l(hernig: treat the Imtrel" as tlle 0WIXlt of sucb rights to the
aDlOlmt of such principal and i.n1erc&
G. In cxmM::OOn with the issua.tx:e of additional ObIigatiolls. the Issuc:r sbaU &liver to tOO Imurcr a copy of the di5do5ure document. if any.
cira11atccI \Wh ret:ipXt to such OOditional Obligatiom.
R Copies many 8I11C:Ddrnolls made to tIle documents eXJ::O ItOO in oonnecUoo will. tJle issuance rLtIlC ())ligations which are oo~ to by
the Insurer shaII be seD110 Stmdatd & Poors Corporntion.
L Tbc Insurer sbaU roo:ive noti~ oflhc resignation or removal of the Paying Agent ard the ~ of a ~r U1Creto.
I. Tho Imlrm' sball m:eivc copies ofall notio:s required to be delivered to BoodboJdcIs aOO, 00 an annual 00sis. ~ of the Isstds audited
fi~lV'hl statcmc:nts and Annual Budg;:t.
~ A1.rj notioo that is required to be given to R holder ci the ())ligation ex- to the Paying AiJ:c4 ~ to the Imenture shalt al9:3 be
provided to the Imun:t. All rvJtbo.s required to be given to the Insma' under the Incbuurc dIal.l be in miting ~ shall be m by ~ or
ocrtified mall addrcs.9:rl toMBlA InsurnnceCoqx>mtion. 113 King &red, Annonk. NewYOfk 10504 Attention: Survcillancc.
1 -10-1995 9: SSP!.'
FROI., CLW F lNAI<JCE 813 5G2 .1535
P.S
EZHIBIT .,
AJO)AC ASSURAlfCB STAlUJARD PACKAGB
~PIUIT~01l8
The followin9 definit.ions shall be added to the Bond Ordinance
applicable to the Series 1997A Bonds and the Series 19978 Bonds.
"Ambac Assurance" shall IDean Ambac Assurance corporation, a
Wisconsin domiciled stock insurance company.
"Surety Bond" shall mean the surety bond issued by Arnbac
Assurance quaranteeinq certain payments into the Debt Service
Reserve Fund with respect to the Bonds as provided therein and
subject to the limitations set forth therein.
AMBAC CONSJnr.l' LANGUAGE
Ambac required that the Financing Document contain the following
consent lanquaqe:
The Bond ordinance is hereby supplemented to incorporate the
following provisions applicable to the Series 1997A Bonds and the
Series 19978 Bonds.
A. CODsent of Ambac Assurance.
Any provision of the Bond Ordinano~ expressly recognizing or
granting rights in or to Ambac Assurance may not be amended in
any manner which affects the rights of Ambac Assurance hereunder
without the prior ~ritten consent of Ambac Assurance.
D. CODseDt of Ambag AS9urance in Ad4i~ioD to Bondholder
CODsen~.
Unless otherwise provided in this Section, Ambac Assurance's
consent shall be required in addition to Bondholder consent, when
required, for the fOllowing purposes: (i) execution and deli~ery
of any supplemental Bond Ordinance; (1i) removal of the Paying
Agent or selection and appointment of any successor paying agent;
and (iii) initiation or approval of any action no~ described in
(i) or (ii) above which requires Bondholder consent.
INFORHJ\'rION '1'0 BE GIVEN TO AXBAC ASSURANCE
The following notice provisions are hereby incorporated into the
Bond Ordinance relating to the Series 1997A Bond$ and the Series
19978 Bonds.
A. While the Surety Bonltl is in effect, the Issuer shall
furnish to Ambac Assurance:
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1-10-1995 9: 56P/.1
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(a) aG soon as practicablQ after tha filing thereof, a copy
of any financial statement of the issuer and a copy ot
any audit and annual report ot the Issuer;
(b) a copy ot any notice to ba given to the registered
owners of thQ Series 1997A Bonds and the series 1997B
Bonds and any certificate rendered pursuant to the Bond
Ordinance or this Resolution relating to the security
tor the Series 1997A Bonds and the Series 19979 Bonds;
and;
(0) such additional information it may reasonably request.
B. The Issuer will. permit Ambac Assurance to discuss the
affairs, finances and accounts of the Issuer or any information
Ambac Assurance may reasonable request regarding the security for
the Series 1997A Bonds and the Series 1997B Bonds with
appropriate orticera of the Issuer. The Issuer will permit Ambac
Assurance to have access to 'and to make copies of all books and
records relatin9 to the Bonds at any reasonable time.
c. Notwithstanding any other provision of the Bond
Ordinance, the Issuer shall immediately notifY Ambac Assuranca if
at any time there are insufficient moneys ~o make any payments of
principal and interest as required and immediately upon the
occurrence of (i) any event of default hereunder or (ii) any
payment default under any related security aqreement.
D. To the ext:ent that the Issuer has entered into a
. continuing disclosure agreement with respect to the Series 1997A
Bonde; and the Series 19978 Bonds, Ambac Assurance shall be
included'as party to be notified.
PAYKEN!r PROCEDURE PURSUANT ~o THE SORETY BOND
As lonq as the Surety Bond shall be in full force and effect, the
Issuer and Paying Agent agree to comply with the following
provisions:
A. In the event and to the extent that: moneys on deposit
in the Sinking Fund, plus all amounts on deposit in and credited
to the Account allowable to the Series 1997A Bonds and the Series
1997B 80nds in exoess of the amount. of the Surety Bond, are
insufficient to pay .the amount of principal and interest coming
due, then upon the later of: (i) one (1) day after receipt by
the General Counsel ot Ambac ot a demand for payment in .the torm
attached to the Surety Bond as Attachment 1 (t.he "Demand for
Payment"), duly executed by the Paying Agent. certifying t.hat
payment due under the Bond Ordinance has not been made to the
Paying Aqent; or (1i) the paYll\ent date ot the Obli9a~ions as
specified in the Demand tor Payment presented by the Paying Agent
to the General Counsel of Ambac, Arnbac will make a deposit of
funds in an account with the paying Agent or its successor, in
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FRO,t CLW FINANCE 813 562 .1535
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New York, New York, sufficient for the payment to the Paying
Agent, of amounts which are then due to the Payinq Aqent under
the Bond Ordinance (as specified in the Demand for Payment) up to
but not in excess ot the surety Bond coverage, as defined in the
Suroty Bond; provided, however, that in the event that the amount
on dapo.l~ in, or credited to, the Reserve Account allowable to
the S8rie. 1997A Bond and the Series 19978 Bonds, in addition to
the amount available under the surety Bond, include. amounts
available under a letter of credit, insuranc9 policy, surety bond
or other such funding instrument (the ltAdditional Funding
Instrument"), draws on the Surety Bond and the Additional FUnding
Instrument aball be made on a pro rata basis to fund the
I insufficiency.
B. The Paying Agent shall, after SUbmitting to Ambac
Assurance the Demand for Payment as provided in (a) above, make
available to Ambac Assurance a.ll records relating to the Funds
and Aocounts maintained under tho Bond Ordinance.
c. The Payinq Agent shall, upon receipt of moneYQ received
from thQ draw on the Surety Bond, as specified in tho Demand for
Payment, credit the Reserve Account allowable to the Series 1997A
Bonds and the Series 19978 Bonds to the extent of moneys received
pursuant to such Oemand.
D. The Reserve Account allowable to the Series 1997A Bonds
and the Series 1997B Bonds shall be replenished in the following
priority: (i) principal and interest on the surety Bond shall be
paid from first available Revenues; (ii) after all such amounts
are paid in full, amounts necessary to fund the Reserve Account
allowable to the Series 1997A Bonds and the Series 1997B Bonds
shall be deposited from next available Revenues.
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FROt,' CLW F (I'JA!'JCE 81 3 SG2 "53S
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GUARANTY ACREEMENT
CUARANTY ACREEMENT dated as of ~ 19 by and between
,a public body corpomte cxpnimJ and existing under the laws ofthc State of (the
~Obliaor'j; and AMBAC ASSURANCE CORPORATION r40Ambac"), . WIsconsin domiciled stock
Ul$Ul'iUlCC eompany.
WITNESSETH:
WHEREAS, the Obligor has or will issuc.(tbc '"Obligations"); and
WHEREAS, Ambac will issue its Surety Bond (the "Surety Bond"). substantially in the form set
forcb it& AMcx ^ to this Agfccmc:n~ guaranteeing certain pa)mCnts by the Obligor subj<<t to rhc terms and
limitations of the Surety Bond; and
WHEREAS, to induce Ambac to issue the Surety Bond, the Obligor bas asrecd to pay the
premium for such Surety DoDd and to reimburse Ambac for all payments made by Ambac under the Surety
Bond fi'om Legally Available Funds. aU as more fully set forth in this Agrccmcnt; and
WHEREAS, the Obligor urnlerstands lh3t Ambac expressly requires the delivery of this
Asr=n=t as part oftbc consideration for the txecution by Ambac oCtile Surt!)' Bond: aPd
NOW, THEREFORE, in c.onsidcratioa of the premises and of the agreements herein cootained
and of the execution of the Surety Bood. the Obligor and Ambae agree as follows:
ARTICLE I
DEFINITIONS; SURETY BOND
Sectioo 1.01. PefinitiO~l Except as otberwisc exp~y provided betcin or unless the context otherwise
requIres, Ihe tcnns which are capitallted betcin $hall have the meanings specified in Annex B hereto.
Section J.02. ~.
(a) Ambac will issue the Surety Bond in accordanoc with and subjecl (0 the tenns and conwfions of the
Commitment.
(b) The nwdmum JiabiUty of Amb3c under the Surety Bond and the coverage and lcnn thereof shall be
subject to and limited by the Surety Bond Coverage and the !enns and conditions of the Surety Bond.
(c) Payments made under the Surety Bond will reduce the Surety Bond Coverage to the extent of that
payment. provided that the Surety Bond Coverage shaU be illutomaticaUy reinstated to the extent or the
reimbursement of principal by the Obligor of any payment made by Ambac. Ambac shall notify the Paying
17
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1-10-1995 9: S7pr.1
FROt.\ CLW F I NlINCE 813 562 d535
P.d
Agent in writing DO la1er than the fifth (5th) day following the reimbursement by the Obligor that the Surety
Bond Jw been reinstated CO the extent of sueb reimbursement.
Scctioo 1.03. Premium. lD coasider.uioa of Ambac agreeing to issue 1he Surety Bond hcrctmder. the
Obligor hereby agrees to pay or cause to be paid from Leplly Available Funds the premium set funh in the
Commitmmt.
Section 1.04. Certain Other Expenses. The Obligor will pay all reasonable fees and disbursement! of
Ambac's counsel related to any modificatioo of this Agreement or the Surety Bond.
ARTICLE II
REIMBURSEMENT OBLIGATIONS OF OBLIGOR AND SECURITY THEREFORE
St:ctiou 2.01. Reimbursement for PolYlJ!Cflts UlJder ~ Surety Bond and Ex~~.
(a) The ObUgor will reimburse Ambac. from ~)' Available FWlds within the Reimbursement Period.
without dema.od or noticc by Ambac to the Obligor or any oCher person. to the extent of each Surety Bond
Payment with interest on ea.cb Surety Bond PA)-ment from and including the date nude to the date ortbe
rcimbursern<2Jt by the Obligor at the Effective Interest Rafe. The Obligor agrcc.s chaE it shaU make monthly
level principal rcpaymc::nts for each Surety Bood Payment duril18 the Reimbursement Period.. Interest oa
each Surety Bond Paymeul shaD be paid monthly duting: the Reimbursement Period. To the extent tfW
interest pa)'1'nCtJts duc bcreunder are not paid on a monthly basis, or an: not p;lid as eacb principal
repayment is mzde, interest shall accrue M such wtpaid amounts at 3 rate equal to the Effcetivc 1ntcrcst
Rate.
(b) The Obligor also agrees to reimburse Arnbac. from Legally Avallable Funds, immedjateIy and
unconditionl1Uy upon demand for all reasonable expenses mcurred by Ambac in cocmection with lbc Surety
Bond and the cNorcement by Ambac of the Obligor's obligations under this A&reement together with
interest on all such expenses from and including the date which is 30 days from the date a statemcut for
such expenses is received by the Obligor incurred to the daCe of payment at the rate set forth in subsection
(0) orchis Section 2.01.
Section 2.02. AllocatiCW 9( Payments. Arnb:lc and the Obligor hereby agree th:1t each repayment of
principal received by Ambac from or OIl bcba1C ofthc Obliaor as a reimbursemenC to AmOOc as required by
Section 2.01(.) hereof shall be applied to reinstate aU or a portion of Lbe Surety Bond Coverage to the
extent of such repayment. AJay interest payable pursuant to Section 2.01 (a) hereof shall not be applied to
the rein$tatcmcm of any portioa of the Surety Bond Coverage.
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1-11:)-1995 9: S8P/.l
FRO!.' CLW F lNANCE 813 5G:! JS35
P.S
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Section 2.03. Socuri~ for Pavrncnts: InstnunenLs ofFurthcr Assurance. To the c:xtent., but oaJy to the
cxtcm, tha11he Resolution p'cdges u> the Owners or any payinJ IiUlt therdOr, or grants a $CCUrity interest
or lien in or on any collateral properry, revenue or other plynlents (UCoJb1eraI and Revenues' in order to
secure cht Obligations or provide a sourc:c of pa)1nCt11 for the Ob';ptioas. Ihc ObJi80l hereby IJ3DZs to
Ambac: a lOCUricy iDtcrm in or lien 0Cly as the casc may be. and ptedsa 10 Ambae aU such CoIbtm1 and
Revenues as security (or payment of aU amounts due hcrtunder. which sccurny interest, lien and/or prcdac
createcJ or p.nted wuSer tlUs Section 2.03 shall be subordinate only ~o the interests of the Owners and any
paying aaent therefor in such CoIb.tcr3l and Revenues. The Obligor agn=es that it will, from time to time,
execute. acknowJedgc aod deliver, Ot cause to be executed. aclmowlodaed and delivered. any and aU
financing $ta1c:mcnts, if applicable, and all other furtbct instruments as may be required by law or as shall
rcasoaably be requested by Ambae for the perfection of the security intereSt. it any, pnt.ed wader th.iJ
Section 2.03 aDd for the preservation and protection of all rights of Ambac under this Section 2.03.
Sectioo 2.04. Unconditional Oblitatlon. The obligations of the Obligor hereunder arc absolute and
unconditional and will be pajd or performed strictly in accordance "ith this Agreement. irrc:spoctivc of: .
<a) any Jack of validity or enfora:ability of. or an)' amendment or other modification of, or waiver w;th
- I'eSped to the ~Iution or the Obligations;
(b) any exchzDgc, rdease or oonpcrfcction of any security interest in proper1y securing the Obligatfoas or
this Agreement ot any obligations bcreuoder;
(e) any circumstances which might otherwise constitute a defense available 10, or discharge or. Ihe Obligor
with respect to the Obligations;
(d) wbCCbcr or POt such obligations arc eontingcnt or matured. disputed or undispuled, liqujdaJcd or
unliquidated.
ARTICLE III
EVENTS OF DEFAULT; REMEDIES
Section 3.01. Events of~U'L The following events sbaJl constitute E\'m15 ofDc:fiw1t bcrcunder:
,.
(a) The Obligor shall fail to pay to Ambac any amount payable under Sectioas 1.04 and 2.01 beteofand
such fa&lurc sba11 have continued for a period in excess orthc Reimbursement Period;
(b) Any material reprucntatioo or wammty made by the Obligor hereunder or under the JU:solutiOl1 or any
statement in the application for the Surcry Bond or any report. certificarc, financial sWtmCnt or Olbet
instrument provided in conntdioa with the Commitment. the Surety Bond or herewith shall have been
materiaUy false at the time whCI1 made;
(e) Except as otherwise provided in this Section 3.01. the Obligor shall failta perform any of its other
obligations ~r this A&recment or hereunder. provided that $uch failure continuC$ for more than UUrty
(30) days after rec:eipt by the Obligor of nolice of such failure 10 petfonn~
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1 - I 0-1 99S 9: SBP/"
FRor.1 CLW FINANCe: B 1 3 5€.2 <153S
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(d) The Obligor sb.aU (i) vohwtarily cammence M)' p~ins or 1:i1c IJJ)' petition udcina rcUdlll1W the
United Stales BankNptcy Code or any other Fcdcra1. state or forcian banknlpt.cy, insoIYCDC)' or similar
taw. (ii) tOClSt!1t 10 the institlltion or. Of fair to controvert in a timely and appropriate manner. any such
prooc:eding or the fillna of any IUch pet~ (iii) apply tOt or ~ to the appointment of' a receiver.
paying agent, aadM1sn. scqUCS1r&tOr or similar official for the Obligor or for . substantial part of its
propclt)'. (iv) fiJc an answer admittina Ibc material aUegations of a petition filed apinst it in any such
proeccding. (v) make a geac~ ossipunent for the benefit of creditors. (vi) become unable. admit in writina
jts inability or wi generally to pay its debts as rhey become due Of (vii) ukc action ror the purpose of
cffeain; any of the forc:&oing~ or
(e) An involunwy proceeding shall be commeo* or an involuntary petitioa shall be filed io a court of
competent jurisdiction seeking (i) relief in respect of the Obligor. or of a substantial pan of its property.
under me Uoiled Slates Danlauptcy Code 01 any Olbet FederaJ. state or foreign baWuptcy. insolvency or
similar law or (ii) the appointment of a receiver, paying as~ custodian. sequc$'ator or similar official for
the Obli&or or fOr a substantial part of its pmpercy; and such proceeding or petition shall c.oatinuc
undismissed for sixty (60) days or an order or decree approving or ardenne :any of the foregoing shall
continue wmaycd and in effect for thirty (30) days.
Section 3.02. Remedj~1 If an Event of Default shalf occur and be continuing. then Arnbac may take
wbatevtr acticn at1aw or in equity may appQr nccasasy or desirable to coUed the amounts ~ due and
tbeR:after to become due under this Aarcemcnt or any rdatcd instrument and any obligatioa, agrecme:zt or
covenant ofche Oblisor under this Agreement; provided. howcYCt. chat Ambac may DOt bJce any action CO
dircd or require accelcratioa or other early redemption of the Obligations or ad\'CtSdy affect the rights of
the O\YI1CtS. All rights and remedies of Ambac under this Section 3.02 are cumulative and the exercise of
any one remedy does not preclude the exercise of one or more of the other available remedies.
ARTICLE IV
SETTLgMENT
Ambac shall have the cxclusi"c right to decide and detenninc whether any cbim. liability, suit or judgment
made or brou8ht apinst Ambae, the ObJisor 01 any other party Ol\ lhc Surety Bond shall or shall POt be
paid. compromisc:d. resisted, defended, tried or appealed, and Ambac's decision thereorl, if made in good
fiUth, shall be final and biDding upoo the Obligor. AD itcmit:od sb!etnent of payments made by Ambac.
certified by an offk:cr of Ambac, or Ibc. voucl1er or voucbers for such payments, shall ~ prima facie
evidence of the liability orlbe Obligor. and ifthc Obligor f.Ws to reimburse Ambac. pursuant CO subsection
(b) of Section 2.01 hereof; upon the reccipt of such sb.temC:l\t of payments. interest shaJJ be c:omputtd ou
such amount from the date of any payment made by Amb3c at the rate $el forth in subseetioo <a> of Scctioo
2.0J hereof.
20
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FROI.' CL W F I NANCE 8 I 3 562 4535
P.7
ARTICLE V
MISCELLANEOUS
Section 5.01. Computations. AlJ computatioas of premium. interest and fees hereunder shaU be made on
&he buls of~ actual number of days c:1apscd over a year of360 days.
Section 5.02. Exeo:i!e ofRiah~. No failure or delay on rhc part of Ambac to CJCczc;se any right, power or
privilege under this Agreement and no course of dealing between Ambac and the Obligor or any other party
sha1J operate as a waiver or any such ~ powcr ot privilege, nor shall any single or partial exercise of
any such right. power or privilege proch.1de any other or further exercise thereof or the exercise of any other
righ~ power or privilege. The rights and remedies herein expressly providtd ~ cwnulativc and not
exclusive of any rights or remedies wbieh A.mbac would otherwise have pursuant to bw or equity. No
notice to or demand on any party in any case sb311 entitle such party to any other or further notice or
demand in similar or other circwnstances. or constitule a waiver of the right ofthc other party co any OCher
or further nction in any circums1anCeS without aotitc or demand.
Section 5.03. Amendment and Waiver. Any provisjon of Ibis Aarwnent may be ~ waived,
supplemented. discharged or tenninatcd aoly with the prior written consent of the Obligor and Ambac. Tbc
Obligor hereby agrees that upon the written request of the Paying A~ Ambac may make or consent to
issue any substitute for the Surety Bond to cure any ambiguity or fonnal defect or omission in the Surety
Bond which does Dot materially change the tenns cfthe SUrety Bond nor adversely affect the rights of the
Owucrs. and Ibis Agrmnent shaU apply to such substituted Surety Bonet Ambae agrees to deliver to the
Obligor and to the eompaDy or companies. iCacy. rating the Obligations, a copy ofsucb substituted Surety
Bond.
Section S.04. SUcce$SOI'S and AssilP\S: DescriptNe He3-dioRS.
(a) This Agreement shall bind. and the benefits thereof shaU inure to. the Obligor and Ambac and their
respective succ:essors and assigns; provided. that the Obligor may nO( transfer or assign any or all of its
righls and obligatioas hereunder without the priO!' written consent of Ambac.a
(b) The descriptive headings of We vanOlls provisions of this Agrt.crnent are insetted for oonvmirncc of
reference only and shall DOC be deemed to aited the meaning or c:cnstruction of any of the provUions
beteot.
Section 5.05. Other Sureties. If Arnbac sb.all procure any Olhet surety 10 reiMure the Surety Bond. this
Agreement shall inure to the benefit DC such other surety, its ~.I~rs and assigns, so as 10 give to it a
direct right of action apinst the Obligor to enforce this Agreement, and U Arnbal; .. wherever used herem.
shall be deemed to include such reinsuring surely.:as its rcspedi\I'C interests may appear.
Section '.06. Sjgnature on Bond. The Obligor's Ijability Ih:tll not be affected by its failure to sign the:
Surety BOnd nor by any claim that other indenvUt)' or security W3S to have been obtained nor by the release
of any indemnity, nor the return or exchange of an)' collateral th3t may have been obtained.
Section 5.07. ~ai~r, The Obligor waives any defense that this Agreement was executed subsequent to
the date of the SUrd)' Bond. adminin& and covenanting that such Surety Bond was cxcculCd pursuant to the
Obligor's request and in reliance on the ObJiaor"s promise to execute this Agreement.
21
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FROI.1 CLW F lNAI'lCE 813 5G2 4535
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Section 5.08. Notices. Requ~ Demands, Except as otherwise expressly provided bcrein. all written
QOtiecs, requests, demands or other c:ommunic:arloos to or upon the respective patties hereto shall be
deemed 10 have been aivua or made when actually received. or in the casc of telex or tdcoopicr DOticc sent
ovcr a tcJ~ or a tdecopiet m.ac.hiDe owned or operated by a party hereto. when sent. addres$Cd as specified
below or at such other address as either of the parties hereto or the Payina Agent may beteafter specify in
writing to the olbers:
If to the Obligor. >
ICro the Paying Apu: >
If to Ambae:
Ambit AuurlDtc Corporation
One State Street Plaza
17th Floor
New York. New York 10004
Attention: General Counsel
S~iOR 5.09. Sprvi~ QfRCj)re:sctltati~ ~d Warranties. All representations. '\o\'aInJlties and obligations
contaiucd hcfcin shall suryivc Ibe execution and dellvel)' oflhis Azrccmcnt and the Surety Bond.
SectionS.IO. ~minl Law. This Agreement and the riahts and obligations of the partics under this
Agreemeut shaIJ be governed by and consuved and interpreted iu zcc;ordance with the laws of the Sta!e.
Section S .11. CounC~. This Agreement may be executed in any number of copies and by the dift'en:at
parties hereto oa the same or separate counterparts, each of which shall be deemed to be an original
instlUment. Comp1ctc eountc:rpaJ1S of this Agreement shall be lodged with the ObUgor and Ambac.
Section 5.12. SeverabUi\Y.. 10 Iho event any provi$ion of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction. such holding shaU not invalidate 0( render
unenforceable auy other provision hereof.
IN WITNESS WHEREOF, each oftbc parties hemo has caused a countcrpatt of this Agrc:cmcnt to be
duly executed and delivered as orthe date first above written.
(Seal)
AUm:
Title:
,
By
TItle:
AltfBAC ASSURANCE COJU>ORA TJON
Attest: By
ntle: Title:
22
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ANNEX A. ,SUREn BOND
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FROI.' CLW F J r J4t'JCE 813 SC2 dS3S
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ANNEX B
DEFINITIONS
For all purposes of Ibis Agrcemcn~ except as otherwise expressly provided herein or unless the context
otherwise requires, all capitalized termS sball have the meanin& IS set out below.
"Agreement" means dUs Guaranty AsrcemcuL
"Ambactt bas the same 1T.eanJns as set forth in the fjrst pat:a8l2ph oflbb Agreement.
''Collateral and Revenues" bas the same meJning as set forth in Scctioa 2.03 hereof.
'"Commitment" means the Ambac Commitment for Surety Boad in the Conn anached hereto as Annex C.
"Debt Servic:c Payments" means those payml:l1~ required to be made by the Obligor which will be appti~
to payment of principal of and interest on the ObJjgations.
"Effective Interest Rate" means the lesser of the Rcimbursem.cnt Rate or the maximum rate of interest .
pcnnitted by then applicable Jaw; provided. however, tha.t the Effective Interest Rate $hall in no event be
less than the interest rate on the Obli,gatiom.
"Evcot of Dctault" 5halJ mean those events of default set forth in Scdion 3.01 orchis Agreement.
"Lep1ly Available Funds" means any mooeys legal1y available to the Obligor for the payment of its
obligations.
"Obligations" bas the same meaning as set forth in the second paragraph ofthi$ Agreement.
k()bligor" has the AmC meaning as set ronh in the first paragraph of this Agreement.
M()woerstt mc:ms the registered owner of any Obligatioa as indic::ded in the books mainta.iDcd by the
appUcablc payin& agent. the ObUgor or any designee orfhc Obligor for such purpose. The tl:rm ''Owner"
sbalJ not include the Obligor or any person or entity whose: obligation or obligations by agrcctnent
c.onstitu,tc the undcrI)'ing security or sourcc orpayrnent ror the Obligafloos.
"'Paying Agent." mt:ans
UReimbursement Period" means. with' respect to a particular Surety Bond Payment, the period
eommenclna on the date ofsucb Sumy Bond Payment and eodini 12 months foUowing such Surety Bond
PaymtDt.
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Surety Band Payment. said .4prime rate" being the raIC ofinten::st anDOWJCCd from time to time by Citibank.
, New York. New York, as its prime rate. The rate of intcres1 shall be c:alculattd on the basis of a 360 day
year.
24
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C'Resolution" means
''Stale" means the State of
"Surety BoDd" means the surety bond issued by Amba.c substantially in the form attached to Ibis
Aafaemeot as AnDcx A.
"Surety Bond Coverage" means the amount available at any particular time 10 be paid to dlC Paying As=t
under the terms oftbc Surd)' Boad. which amount shall never execcd $
"Surety Bond Payment" means an amounl equal to the Debt Service Payment less (i) that portion of the
Debt ScM~ Payment ~ by the Obligor, and (ii) otber funds legally available 10 the Paying Agent (or .
payment 10 the OwDe", 'aU as certified by the Paying Apnt in a demand for payment renderai pursuant to
. the tenns oftbe Surety Bond. . ,
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FINANCE 813 562 4S3S
P.12
ANNEX C
COMMITMENT
26
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Third Quarter Budget Review
Fiscal 1996-97 C M d-
City Manager's Transmittal
30
TO:
Memorandwn
Mayor and City Commission
Michael Roberto. City Manager ~
Assistant City Managers, Department Directors
FROM:
COPIES:
SUBJECT:
Third Quarter Review ~ Amended City Manager's Annual Budget Report
DATE:
September 9, 1997
General Fund
At third quarter, additional revenues are recognized from ad valorem taxes. Third Quarter amendments
. to expenditures reflect the transfer of $500.000 of unappropriated retained earnings of the General Fund
to the Special Program proiect supportin~ General Fund retirement payouts. These additional revenues
and savings in several operating departments and capital projects provides funding to support the third
year of contract funding in the amount of $107.500 for the Ervin's All American Youth Club for their
1997/98 fiscal year, $200.000 to establish a capital oroiect for the outside review of the City codes, and
$130.000 to establish a proiect for initial funding for the production and distribution of a quarterlY City
newsletter.
The Unappropriated Retained Earnings of the General Fund will be approximately $7,646,350 on October
1, 1997 with the approval of these amendments. This is approximatelv 10.5% of the proposed General
Fund operating budget for the 1997/98 fiscal year, and within the City Commission's 10% reserve policy.
Water and Sewer Fund
At third quarter, budgeted revenues and expenditures are basically as anticipated at nine months. The
only amendment to the Water and Sewer Fund refleots the appropriation of $1,326,600 of unappropriated
retained earnings to capital project 315-96739, Reclaimed Water Distribution System, as previously
approved by the City Commission on 6119/97.
Gas Fund
Third quarter amendments to Gas Fund revenues reflect a decrease totaling $249,170 to reflect changes in
anticipated revenues in several categories. Still, amended revenues are only 1 % less than originally
projected. In addition, Gas Fund expenditures reflect a net reduction of $451,860 which is primarily a
decrease in debt service with unanticipated delays in the issuance of bonds. These savings will more than
offset any decrease in operating revenues.
Solid Waste Fund
Third quarter amendments to the Solid Waste Fund reflect a decrease in conection charges for commercial
operations of approximately $299,000 with an offsetting decrease in dump fee expenditures.
Recycline Ftmd
Third quarter amendments to the Recycling Fund reflect a decrease in revenues from the sale of
recyclables of approximately $35,000 with an offsetting decrease in inventory purchases.
Stonnwater Fund
Fund revenues and program expenditures are approximately as budgeted at third quarter. Budget
amendments include the allpropriation of $7,000 to Special Program project 181~99136, to support the
City share of matching funding for the Sustainable Challenge Grant.
Lbo- --LblIIlIJ
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Third Quarter Budget Review
Fiscal 1996.97
City Manager's Transmittal
Other Enterprise Funds
No amendments are proposed for the Marine and Parking Funds at third quarter. Fund revenues and.
program expenditures for these operations are as budgeted at third quarter.
The only amendment to the Harboriew operations at third quaner is the appropriation of retained earnings
(a borrowing from the cash pool) for the debt payments of $24.510 on the Boston Concession's loan
which was not included in the original budget of the Harborview Fund.
Internal Service Funds
No amendments are proposed for the General Services. Garage, and Central Insurance Funds at third
quarter. Fund revenues and program expenditure for these operations are as budgeted at third quarter.
The only amendment to the Administrative Services Fund reflect the appropriation of and transfer of
retained earnings to capital improvement project 315-94749, Enterprise Network. as previously approved
by the City Commission on 9/4/97.
Canitnl Improvement Fund
The amendments to the Capital Improvement Fund total a net increase of $4,473,970.
Capital Improvement budget increases previously aporoved by the City Commission are outlined in the
detailed report. The significant projects previously approved include the appropriation of $2.412.000 for
the Reclaimed Water Distribution. $241.000 for the Municipal ServiceslPublic Safety Complex, and
$534.227 for the Sand Key Power Line project.
Projects thai have not been previously approved include the establishment of a Police project funded from
savings within the Police Department operating budget for Police Aides ($90,OOO) for FY 1997/98.,
Besides those projects that have been established through amendments noted previously, $694.500 of
unappropriated Special Development Fund revenues and savings in the General Fund provide funding for
beautification of Gulf to Bay, and a project in the amount of $150.000 of unappropriated Special
Development Fund revenues has been established to provide funding for Economic Development studies
yet to be detcnnined.
Special Revenue Funds
At third quarter, a separate fund has been established for the monitoring of our annual SHIP proceeds. In
the past. this has been accomplished through the establishment of special program projects but. the
establishment of a fund to monitor these funds appears to be necessary under legal guidelines. In addition.
a Special Program project has been established in the amount of $40.000 to start a MPA internship
program.
. Detailed Third Quarter Report I. I I " I
.r:::. J\ ow t'\ c:("e. w \1"\'"\ ~ \'Y\ .
The complete third quarter report is available in the City Clerk's office. The complete report includes
detailed explanations of budget amendments, as well as a schedule of administratively approved change
orders. and a list of self insurance settlements. An overall analysis of fund budgets, quarterly variances,
and fund amendments is attached for you review.
If you have any further questions, or would like additional detail, I would be pleased to discuss this
quarterly review and my recommended amendments with you.
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THIRD QUARTER REVIEW
AMENDED CITY MANAGER'S FISCAL YEAR 1996-97 REPORT
PAGE #
Geneml Fund O,pemting Budget..................................................................."",.,...,.,...,...,.......,.,..................,.....,., .................. 3
Utility Fund Opemting Budget ....................................................................................................................................... 11
Enterprise Funds Opemting Budgets................... ................ ....... ............ ............................... ........... ............................... 15
Internal Service Funds Operating Budgets..... .,........... ,......... ............... .... ,.,....It U .......... ,. ,4" .... ,. ..........,... ,... ,... ,....... .... ........., 18
Capital Improvement Program Budget...............................................................................................................................21
Special Progmm Fund Budget ........................................................................................1........................................................37
Special Development Fund....................................................................................................................................................45
Schedule of Administrative Change Orders ............... ....................... ......................... ................................ ....................46
Schedule of Self Insurartce Fund Settlements ....uu........................................u.................................................,................47
Ordinances.. .......... ................ .... I....'.... .,...... .................... ..... ,... ,. ,. ,............ ......., ..... ...... ................. ,.......~. ,. .... .... ............... .... ......... 48
Third Quarter budgets were projected in the following manner:
All department expenditure budgets have been established on a month-to-month basis so that projects identified in the
report are not simply time percentages applied to annual budgets but mther department director's judgment of
month-ta-month expenditures. This technique was also used for revenue projections.
The actual and projected data contained in this review rep!'Csents nine months, October I, 1996 through June 30, 1997.
The adjustments, however, represent all data available at the time of the report, including action taken by the City
Commission after June 30. 1997.
The opemting funds infonnation is presented as follows:
Original Budget
nle budget as adopted by the City Commission on September 19, 1996.
End of Previous Quarter
Amended Budget
Reflects any adjustment enacted by the City Commission at the prior
quarterly review.
Third Quarter Projections
Monthly budgets submitted by departments are based on prior year
experience and unique circumstances and adjustments approved by City
Commission during First Quarter and Mid Year Reviews.
Third Quarter Actual
Self-explanatory.
Variancc
Difference between Third Quarter projected and Third Quarter actual. A
minus sign (-) indicates an over expenditure.
,
Variance %
% ofvnriance to nlird Quarter projection. A minus sign (-) indicates an
over expenditure.
Adjustments
Adjustments which have been approved by the City Commission, made
at the Managers discretion, and/or adjustments proposed based on mid
year review.
Amended Budget
Adding the End of Previous Quarter Amended Budget and Adjustments.
Amended Budget %
Percentage change of amended budget to original budget.
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Capital Improvement Projects
. The amended 1996/97 Capital Improvement Projects budget report is submitted for the City Commission review. This
review provides the opportunity to analyze the status of all nctive projects and present formal amendments to the project
budget.
The Capital Improvement and Special Program funds information is presented as follows:
Budget
The budget as of October 1, 1996, which includes budgets from prior
years which have not been completed.
Amendment
Amendments which have been approved by the City Commission, made
at the Manager's discretion, and/or adjustments proposed as a result of the
Third Quarter review. .
Revised Budget
Adding columns one and two.
Expenditure
Self-explanatory. .
Encumbrance
Outstanding contract or purchase order commitment.
Available Balance
Difference between revised budget and expenditure.
".
Status .
C - project is completed
L.P. - project will be financed through lease purchase
Amend Ref
Reference number for description of amendment.
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Property Taxes
Franchise Fees
Fines. Forfeitures &
Penalties
. Mlscollaneous Rovenues
Transfer from Sumlus
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Increasel
(Decrease)
228,030
(70,158)
(45,000)
14,070
500,000
626,942
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9/8/97
1 :51 PM
City of Clearwater
General Fund Revenues
Third Quarter Amendments
FY 1996/97
Historically all tax proceeds are received by August, and
assuming a continuation of that trend, the budget Is adjusted
to equal actual collections.
The budget amendment reflects a small decrease In
anticipated revenues from Florida Power franchise fees.
Court fines are approximately 9% below estimates at third
quarter. Again, this amendment Is primarily due to the beach
courtesy warning program.
The budget amendment recognizes the reimbursement to the
General Fund or administration of the Downtown Survey
Grant in the Special Program Fund.
As noted in the City Manager's transmittal letter to the FY '98
budget, funds are appropriated from the General Fund
retained earnings to support project 181-99915, General
Fund Retirements.
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GENERAL FUND
REVENUE REVIEW
THIRD QUARTER - Octobor 1,1996 to June 30,1997
Rovonue Source
FY 98/97
Adoptod
Budgot
p,.vQtr
Amonded
Budget
Third
Quarter
Projection
Third
Quartor
Actua'
Varia nee
%
Third QUlrtor
Amended
AdJultment Budget %
Property Taxes 19,824,890 19,824,890 19,041.270 19.434,120 392,850 2% 228,030 20,052,920 1%
Franchise Fees 7,451,180 7,527,950 4,477,208 4.36B,979 -108,229 -2% -70,150 7,457,792 0%
UUllty Taxes 13.982,860 13,982.880 8,996,143 8,723,259 -272,88-4 -3% 0 13.982,880 0%
Ucenses and Permits 2.432,000 2,528,000 1,261,750 1,326.893 65,143 5% 0 2,528,000 4%
Fines, Forfeiture &
PenalUes 1,434.000 1,211,500 804,404 747,545 -56.659 -7% -45,000 1,166,500 -19%
lnlergovemmentel
Federal 480,160 490,160 0 1,397 1,397 nls 0 490,160 2%
stale 7,254,530 7,286.480 4,914,495 4,616.567 .97,928 -2% 0 7,286,460 0%
Counly 4,165,600 4,363,530 3,334,441 3,340.356 5,915 0% 0 4,363,530 5%
Charges for Services 1,510,240 1,458,445 980,712 999,313 18,601 2% 0 1,458.445 -3%
Use and Sale of City
Property and Money 1,811,800 1.422,170 1,066,770 965,665 -101,105 -9% 0 1,422,170 -22%
MIscellaneous Revenues 106,660 90,280 67,707 66,211 -1,496 -2% 14,070 104,350 -2%
Interfund AdmlnlstraUon
Service Charge 3,657,660 3,657,860 2.743,398 2,743.407 9 0% 0 3,657,860 0%
Interfund other Service
Charge 2,467,140 2,507,140 1.880,361 1,894.432 14,071 1% 0 2,507,140 2%
Inlerfund Transfer 3,653.230 3.708,230 2,556,0<< 2,556,053 9 0% 0 3,7oB,230 2%
Subtolsl, General Fund
70,232.190 70,059.515 52,124,703 51,98-4,197 -140,506
0%
126,942 70.186,457 0%
Transfer to SurplUS
o 0
o
o
o
nla
o 0 nla
Transfor from Surplus
600,000 1,716,335
o
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500,000 2,216,335 3<43%
0%
626,942 72,402.792 2%
. TOTAL, GENERAL FUND 70,732.190 71,775,850 52,124,703 51,98-4,197 -140,506
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Increasel
(Decrease)
City Commission
25,000
City Mananer
185,200
f'
918/97
1:51 PM
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 1996/97
Description
Transfer Increase $25,000 - Reflects the transfer of
$25,000 to 181-99929, Nagano Special Olympics. This
was approved In the Special Program Fund at first
quarter, but the Amendment was not noted In the
General Fund in emor.
Proaram Increase $ - $55.000 reflects the return of
funding from the City Hall renovation project 315-94605
to fund the cost of the collective bargaining
representative (6/19/97)
Proaram Increase $130.200 - program savings in other,
programs provIdes funding for upgrades of positions In
the City Mgr's office, saiary for the Asst City Mgr,
increase in City Mgr's salary, relocation costs, City Mgr
vehicle, & computer equipment.
Human Relations
7,500
Lenal
Proaram Increase $7.500 -Savings from other General
Fund programs provides funding for the purchase of
laptop computers for the Human Relations office.
o
Capital - savings of $25,000 in contractual servIces
provides funding for the purchase of furniture for the
Legal department. Net budget effect Is $0.
Transfer - $40,000 of savings in contractual service
costs is transferred to Capital project 315-94763 to
establish a project for outside review of City codes. Net
budget effect Is $0.
City Clark
(7,000)
Transfer - Savings of $32,000 in various Une items in the
City Clerk's office will provide additional funding to CIP
315-94753 for consultants required for the CentraUzed
Records system. Net budget effect Is $0.
Proaram Decrease $7.000 - The program savings In the
Clerk's office of $7,000 provides funding for operating
transfers detailed In the Non-Departmental program.
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Increase/
( Decrease)
(10,000)
9/10/97
8:30 AM
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 1996/97 .
Descriotlon
Transfer Decrease $10,000 w reflects the return of
funding from 181-99557, Codet Enforcement 96, as cost
savings offered during the 98 budget process to help
fund the Ervin's Youth matching funds.
Police
(184,500)
Transfer Increase $92.400 - savings in contracual costs
for the maintenance of the computer system provides
funding for capital improvement projects for Pollee
Aides.
The Police, Department reflects a net program savings of
$184,500 at third quarter.
Fire
(46,921 )
The amendment reflects savings in the Fire Dept-
primarily salary savings. The savings provides $50,000
for an independent review of the Dept.
Savings also provides for the purchase of knit shirts &
exercise equipment, automatic external defibrillators,
and dispatch radios.
Transfer Increase $11,409 w reflects the transfer of
savings to 315-94749 for Enterprise Network II
upgrades, and $7,859 to 315-91222, Fire FacUities
Automation (9/4/97)
Central Pennlttlna
14,069
Capital- The program Increase reflects the purchase of
a microfilm machine for the Central Permitting Dept.
This Is offset by an Increase of revenues reimbursing
the General Fund for administration of the Downtown
Survey Grant.
Parks and Recreation
_..........r.~.:...~~......""'!L.,,..~......--...... . ........."'".."'...1.."'.1'~ .....00-'...
(72,000)
Salary savings In Parks & Recreation proyldes funding
for the transfer of funds to the Ervin's Youth project in
the Non Departmental program.
Transfer Increase $5,648 w reflects the transfer of
savings to 315-94758, Parks & Recreation Personal
Computers(8/21/97)
-6-
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Library
Increase!
(Decrease)
(10,000)
I'
',.
I;
9/10/97
8:34 AM
City of Clearwater
General Fund Expenditures
Third Quarter Amendments
FY 1996/97
Description
Salary savings In. Library programs provides funding for
the transfer of funds to the Ervin's Youth project in the
Non Departmental program.
Enalneerlna
(80,000)
Traffic Field - Reflects savings of $19,000 in salary
savings and $11,000 In utility telephone costs
Eng Adm - Reflects salary savings of approximately
$50,000
Note: the positive variance in Traffic Field Engineering Is
primarily due to a timing variance in the payment of the
monthly utllity bill for street lighting.
Non-DeDartmental
,
. '
'.
805,594
Debt Decrease $241.000 - reflects the appropriation of
debt savings for non-construction expenditures to 315-
94602, Municipal Services Complex (6/4/97)
Transfer Increase $500.000 - reflects the appropriation
of retained earnings to 181-99915 to fund General Fund
retirements.
Transfer Increase $241.000 - reflects the appropriation
of debt savings for non..constructlon expenditures to 315
94602, Municipal Services Complex (6/4/97)
Transfer Decrease $106.594 - reflects the return of
funding from the City Hall renovation project 315-94605
to close project. Savings provides funding for program
amendments in the City Manager's office.
Transfer Decrease $55.000 - reflects the return of
funding from the City Hall renovation project 315-94605
to fund the cost of the collective bargaining
representative In the City Manager's offlce(6/19/97)
Transfer Decrease $2.507 - reflects the return of funding
from the North Greenwood Parking project 315-93519 to
close project.
-1-
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Non-Departmental
"
Net Amendment
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626,942
0/10/07
8:34 AM
City of Clearwater
Genoral Fund Expenditures
Third Quarter Amendments
FY 1996/97
Transfer Increase $15.000 - reflects the appropriation of
retained earnings to 181-99135 to fund City matching
contribution for Downtown Historic grant.
Transfer Increase $109.500 - reflects the appropriation
pf program savings to 181-99917 to fund third year of
contract with Ervin's Youth organization.
Transfer Increase $160.000 - reflects the appropriation
of program savings to 315-94763 to estabHsh a project
for outside revIew of CIty codes
Transfer Decrease $78.735 - reflects the return of
funding from the Drew St./U.S.19-181-99927 to close
project.
Transfer Decrease $550 - reflects the return of funding
from the 181-99934.
Transfer Increase $130,000 - reflects the appropriation
of program savings to 315-94764 to establish a project
for production and distribution of a quarterly City
newsletter.
Transfer Increase $40,000 - reflects the appropriation of
program savings to the Special Program Fund to
establish a project fo'r an MPA Internship program.
Transfer Increase $94.500 - reflects the appropriation of
program savings to capital improvement project 315-
93321, Gulf to Bay Beautification, to provide additional
funding for this project.
-8-
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GENERAL FUND
EXPENDITURE REVIEW
THIRD QUARTER - October 1,1996 to Juno 30, 1997
Program
FY 96197
Orlglmiol
Budget
End of
Prov Qtr
Amendod
Budget
Third
Quartor
ProJoctlon
Third
Quarter
Actual
VarlancD
Amount .;"
AdJustmont
Amended
BUdgot
Amount 0/0
CITY COMMISSION 201,880 272,120 225,190 232,826 -7,636 -3% 25,000 297,120 47%
ADMINISTRATION -
CITY MANAGER 655,570 620.360 470.604 540,652 -70,048 -15% 185,200 505,560 23%
OFFICE OF MGMT & BUDGET 179,330 179.330 139,209 134,396 4,813 3% 179,330 0%
HUMAN RELATIONS
Compliance Program 379.660 379,660 293,814 293,109 705 0% 7,500 387,160 2%
Community Program 348,930 354,783 269,829 277,140 -7,311 -3% 354.783 2%
INTERNAL AUDIT 164,860 164,250 126,604 125,500 1.104 1% 164.250 0%
'.' ORGANIZATIONAL & EMP DE 329,760 354,590 276,031 270,830 5,201 2% 354.590 8%
TOURISM DEVELOPMENT OF 260,450 265,450 202,065 218,484 -16,419 -8% 265,450 2%
COMMUNITY RESPONSE TEA 649,380 685,250 519,326 518,572 754 0% -10,000 655,250 1%
Sub-total: 2,967,940 2,983,673 2,297,482 2,318,683 -81,201 -4% 182,700 3,166,373 7";'
LEGAL 1,075,650 1,074,880 820,649 734,030 86,619 11% 1,074,880 0%
CITY CLERK 675,720 687,490 534,733 482,618 52,115 10% -7,000 680,490 1%
INFORMATION MANAGEMENT
Community Oulreach 626,920 626,920 471,339 429,504 41 ,835 9% 626,920 0%
FINANCE 1,340,090 1,365,570 1,089,020 1,012,623 76.397 7% 1,365.570 2%
HUMAN RESOURCES
Admlnlslratlon 199,420 200,970 155,139 151,220 3,919 3% 200,970 1%
Recruitment & Selection 219,380 249,620 199,874 182,854 17,020 9% 249,620 14%
Emp Development & Retention 114,300 114,300 88,020 81,512 6,508 7% 114,300 0%
Emp Relations 190,230 190,230 146,069 147,210 -1,141 -1% 190,230 0%
Sub-total: 723,330 755,120 589,102 562,796 26,306 4% 0 755,120 4"1.
POWeE DEPARTMENT
Office ofthe Chief 763,470 767,320 598,182 651,737 -53,555 -9% 71,400 838,720 10%
Criminal Investigations 3,903,330 3,902,470 3,025,599 3,082,363 -56,764 -2% -14,300 3,888,170 0%
Patrol 11,600,660 11,628,140 9,088,855 8,641,104 447.751 5% -3,600 11,624,540 0%
Support Services 4,596,560 4,527,740 3,576,706 3,712,228 -135,522 -4% -227,500 4,300,240 -6%
Commun lcatlons 2,905,340 2,954,340 2,307,525 2,237,043 70,482 3% -10,500 2,943,840 1%
Sub-total: 23,769,360 23,780,010 18,596,867 18,324,475 272,392 1% -184,500 23,595,510 _10/.
FIRE DEPARTMENT
Administration 341,240 447,857 374,165 334,253 39,912 11% -4,250 443.607 30%
Support Services 1,086,630 1 .089,062 626,272 745,946 80.326 10% 93,069 1,182,131 9%
FIre PreventlonlEmg Mgmt 405,330 411,977 317,424 300,529 16.895 5% -17,800 394,177 -3%
Fire Suppression 6,551,280 6,680,446 5,434,953 5,324,944 110,009 2% -101,180 6,579,266 0%
Emergency Medical Services 2,392,590 2,131,558 1,590,140 1,563,122 27,018 2% -16,760 2,114,798 -12%
, Sub-total: 10,779,070 10,760,900 8,542,954 8,268,794 274,160 3% -46,921 10,713,979 -1%
CENTRAL PERMITTING
AdmInistration 374,840 375,770 266,593 322,530 -33,937 -12% 13,752 389,522 4%
Development Technical SVt;S 557,810 559,000 435,941 450,352 -14,411 -3% 317 559,317 0%
Conslructlon Technical Svcs 932,110 977 ,490 770,072 782,491 -12,419 -2% 977,490 5%
Sub-total: 1,8&4,760 1,912,260 1.494,606 1,555,373 ~0,767 -4"1. 14,069 1,926,329 3V.
\
ECONOMIC DEVELOPMENT 449,770 449,770 347,150 329,155 17,995 5% 449,770 0%
-9-
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. !....~ \",~, '\~"..~ 1," ~"~.~,<1'~ ~,....H'.~~ ..."~~il;.. {to' " .. " . ,".~ :: .'..: . 1 '.: '. t~! ~. . ... ,;.'
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GENERAL FUND
EXPENDITURE REVIEW
THIRD QUARTER - October 1,1996 to June 30,1997
End of
FV 96/97 PrevQtr Third Third Amended
Original Amended Quarter Quarter Variance Budget
Program BUdget Budgot Projection Actual Amount ./. Adjustment Amount .;.
PARKS & RECREATION
Administration 724,490 726,446 557,727 532,615 25,112 5% -12,000 714,446 -1%
Recreation Programming 3,711,020 3,761,609 2,838,734 2,542,763 295,971 10% 5,500 3,767,109 2%
Recreation Facility Malnt 2,364,210 2,344,989 1,769,026 1,665,262 123,764 7% -12,000 2,332,989 -1%
Nursery 1,269,990 1,281,328 986,477 938,208 48,269 5% -13,000 1,268,328 0%
Parks Maintenance 2,310,300 2,296,919 1,761,751 1,718,577 43,174 2% -40,500 2,256.419 -2%
Sub-total: 10,380,010 10,411,291 7,933,715 7,397,425 536,290 7D;' -72,000 10,339,291 0.".
UBRARY
Administration 641,890 607.400 456,620 437,420 19,200 4% 607,400 -5%
Public ServIces 1,188,300 1,236,710 1,079,838 1,050,049 29,789 3% 1,236,710 4%
TechnIcal Services 828,600 828,600 643,923 621,917 22,006 3% -5,000 823,600 -1%
Extension Services 949,950 949,950 734,478 750,170 -15,692 -2% -5,000 944,950 -1%
Cooperative Services 578,390 576,390 497,770 488,402 9.368 2% 578,390 0%
Sub-total: 4,187.130 4,201,050 3,412,629 3,347,958 64,671 2"'. -10,000 4,191,050 0'Y.
ENGINEERING
Engineering Services 2,303,330 2,309,420 1,791,244 1,753,488 37,756 2% -50,000 2,259.420 -2%
Traffic Englnoering 469,300 469,070 361,907 348,324 13,583 4% 469,070 0%
Traffic Field Operations 1,958,250 1,900,720 1,427,001 1 ,277 ,487 149,514 10% -30,000 1,870,720 -4%
Environmental AdmInIstration 140,320 140,320 108,000 108,425 -425 0% 140,320 0%
EnvironmenlaURegulatory 120,770 120,770 93,538 95,444 -1,906 -2% 120,770 0%
SuMotal: 4,991,970 4,940,300 3,781,690 3,583,168 198,522 5DJ. -80,000 4,860,300 -3%
ENGINEERING/Airpark 59,260 59,260 44,451 43,544 907 2% 59,260 0%
PUBLIC SERVICES
AdmInIstration 396,460 405,570 311,939 298,784 13,155 4% 405,570 2%
Streets & Sidewalks 927,050 928,590 716,385 741,249 -24.864 -3% 928,590 0%
Heavy Equipment Operatlons 342,150 331,500 251,120 257,738 -6,618 -3% 331 ,500 -3%
Sub-total: 1,665,660 1,665,66D 1,279,444 1,297,n1 -18,327 -1% 0 1,665,660 D'Y.
MARINE
Pier 60 269,780 269,780 206,612 223,227 -16,615 -8% 269,780 0%
Sailing Center 124,480 124,480 96,011 94,212 1,799 2% 124,480 0%
Sub-total: 39-4,260 394,260 302,623 317,439 -1.,816 -5DJ. 0 394,260 D~.
NON-DEPARTMENTAL 4,579,410 5,435.316 4,290,459 4,132,357 158,102 4% 805,594 6,240,910 36%
TOTAL-GENERAL FUND 70,732,190 71,775,850 66,D54,1D3 54,43D,539 1,623,564 3~. 626,942 72.402.792 2%
-10-
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Water & Sewer Fund
Revenues:
expenditures:
Increasel
(Decrease)
1.326,600
1,326,600
..
.. ".. . ;
3rd atr Amendments
9/81979;44 AM
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 1996/97
Descriotlon
The amendment reflects the appropriation of and transfer of
unappropriated retained earnings to Capital Improvement
Project 315-96739 to expand the Reclaimed Water
Distribution System (approved 6/19/97)
Gas Fund
Revenues:
Expenditures:
(249,170)
(451,860)
The budget amendment reflects numerous amendments to
gas sales revenues, appliance sales, Interest earnings and
franchise fees to reflect changes In anticipated revenues.
Budgeted revenues are only $242,460, or 1 % less than
originally projected.
Gas Fund expenditure amendments reflect numerous
amendments to various line Items. The largest amendment
reflects a decrease of approximately $426,110 to debt
service codes representing savings due to the delay In the
Issuance of bonds.
Solid Waste Fund
Revenues:
expenditures
(299,000)
(200,000)
The bUdget amendment reflect a decrease In collection
charges for commercial operations which are lower than
anticipated in the original budget.
Solid Waste expenditures provide a decrease In dump fee
expenditures to offset the budgeted decrease In operating
revenues.
Stonnwater Fund
Revenues:
or
Expenditures
No Amendment
$7,000 Is returned from CIP 315.96109, Downtown lake and
reappropriated to 181-99136, Sustainable Challenge Grant to
o provide City funding (net effect - $0)
-11-
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Increasel
(Decrease)
Recvclina Fund
Revenues:
(35,000)
...
.' '. "<>,'" "/
3rd aIr Amllndmenls
9/81979:44 AM
City of Clearwater
Utility Funds
Third Quarter Amendments
FY 1996/97
DescrlDtlon
The budget amendment reflects the decrease of revenues
from the sale of recyclables due to market prices for most
commodities remaining depressed.
Budgeted expenditures reflect savings In Inventory purchases
Expenditures
(35.000)
to offset slow sales, as well as savings In garage selVlces.
:'
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-12-
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UTILITY FUNDS
REVENUE REVIEW
THIRD QUARTER - October 1,1996 to June 30, 1997
FY 96/97
Adopted
Budget
Prey Qtr
Amended
Budget
Third
Quarter
ProJoctlon
Third
Quartor
Actual
Variance
-k
3rd Qtr Amendod
Adjustment Budget -/_
WATER AND SEWER FUND
Operating Revenue
Water Revenue 15,120,000 15,400,000 11 ,272,360 11,686,725 414,365 4% 0 15,400,000 2%
Sewer Revenue 15,350,000 15,350,000 11,562,000 11.407.348 -154,652 -1% 0 15,350.000 0%
ReclaImed Water 75,000 75,000 56,250 55,211 -1,039 -2% 0 75,000 0%
Total Operatlng Revenue 30,545,000 30,825,000 22,890,610 23,149,284 256,674 1% 0 30,625,000 1%
Olher Operating 965,000 1,185,000 737,264 698,449 -38,815 -5% 0 1.185,000 20%
other Revenue 3,438,250 2,906,840 2,574,945 1,557,278 -1,017,667 -40% 0 2,906,840 -15%
Other (Non-Revenue)
FinancIng Sources 3,822,790 3,998,830 245,874 963,040 717,166 292% 1,326,600 5.325,430 39%
Total, Water and Sewer Fun 38,191,040 38,915,610 28,448,693 26,368,051 -80,642 0% 1,326,600 40,242,270 4Y.
GAS FUND
Operating Revenue 15,205,000 15,201,980 11,742,884 11,636,172 -106,712 -1% -408,640 14,793,340 -3%
Other Operatlng 1,647,840 1,732,870 1,230,734 1,261,339 30,605 2% -51,100 1,681,770 2%
Other Revenue 2,026,860 1,951,560 1,528,797 1,319,750 -209,047 -14% 210,570 2,162,130 7%
Other (Non-Revenue)
Financing Sources 1.095,850 1,095.1350 0 0 0 nla 0 1,095,850 0%
Total, Gas Fund 19,975,550 19,982,260 14,502,415 14,217,261 -285.164 -2Y. -249,170 19,733.090 -WI
SaUD WASTE FUND
Operating Revonue 12,480,000 12,305,OOJ 9,013,500 8,939,362 -74,136 -1% -339,000 11,966,000 -4%
Other Operating 86,000 87,000 65,997 68,058 2,061 3% 7,000 94,000 7%
Other Revenue 403,000 423,000 305,256 324,778 19,522 6% 33,000 456,000 13%
Other (Non-Revenue)
Financing Sources 683,120 398,720 0 0 0 nla 0 398,720 -42%
Total, Solid Waste Fund 13,654,720 13,213,720 9,384,153 9,332,198 -52,555 -1.k -299,000 12,914,720 -5%
STORMWATER FUND
Operating Revenue 3,413.210 3,434,000 2,559,906 2,574,329 14,423 1% 0 3,434,000 1%
Other Revenue 758,630 230,000 172,503 171,125 -1,378 -1% 0 230,000 -70%
Other (Non-Revenue) 0 0 0 0 0 nla 0 0 nla
Total, Stormwatar Fund 4,171,840 3,664,000 2,732,409 2,745,454 13,045 OY. 0 3,664,000 -12./0
RECYCUNG FUND
Operating Revenue 1,301,910 1,358,100 976,437 984,261 7,824 1% 0 1,358,100 4%
Other Operating 984,680 860,770 637,062 627,188 -9.874 -2% -35,000 825,770 -16%
other Revenue
93,670 57,460 0 0 0 n/a 0 57,460 -39%
Total, Recycling Fund 2,380,260 2,276,330 1,613,499 1,611,449 -2,050 0./0 -35,000 2,241,330 -6Ye
TOTAL, UTILITY FUNDS 78,973,410 78,051,980 54,881,769 64,274.413 -407,356 -1% 743,430 78,795,410 O.k
-13-
"
. I ,. ~.
UTILITY FUNDS
EXPENDITURE REVIEW
THIRD QUARTER. October 1,1996 - Juno 30,1997
FY 96/91 Prev Qtr ThIrd ThIrd
Adopted Amended Quarter Quarter Amended
Program BUdgDt Budget Projection Actual Variance '/a AdJuSbnont Budget '/,
WATER & SEWER FUND
Sanitary Sewers 1,323,640 1,269,150 980,256 933,828 46,428 5% 0 1,269,150 -4%
Sewer LSlMotor Shop 999,910 1,031,540 801,121 779,028 22,693 3% 0 1,031,540 3%
Water Supply 8,417,010 6.455,960 6.314,453 6,392,697 -18,444 -1% 0 8,455,960 0%
Water Distribution 6,974,260 1,018,485 5,742.753 5,641,402 101,351 2% 1,326,600 8,405,065 21%
Water Pollution Control 14,117.310 14,161,685 11,996,003 11.529.583 466,420 4% 0 14,181,685 0%
Non-Departmental 6,898,850 6,896,850 5,174,136 4,174,921 399,215 8% 0 6,698,850 0%
TOTAL WATER & SEWER FUN 38,791,040 38,916,670 31,009.322 30.051,659 957,663 3'Ya 1,326,600 40,242,270 4'1',
GAS FUND
AdmInistration & Supply 12.764,520 13,095,640 10,098,577 9,249,033 849,544 8% -808,070 12,481,570 -2%
Plnellas Gas Operations. 4,401,780 4,290,389 3,448,812 3,459,615 -10,803 0% -21,770 4,268,619 -3%
Pasco Gas Operations 539,690 514,380 388,363 369,366 18,997 5% 19,180 533,560 -1%
Gas Maltetlng & Plnellas Sales 1,405,470 1,223,550 883,580 817,392 6,188 1% -11,200 1,212,350 -14%
TOTAL GAS FUND: 19,111,460 19,123,959 14,819,332 13,955,406 863,926 6'/, -621,860 18,602,099 -3'1',
SOUD WASTE FUND
AdmInIstration 950,760 956,210 712,531 687,809 24,722 3% 0 956,270 1%
Collection 11,336,770 10,714,470 8,082,676 7,785,303 297,373 4% -200,000 10,574,470 -7%
Transfer 988,720 988,720 772,799 747,415 25,384 3% 0 988,720 0%
Container Maintenance 378,470 . 373,620 286,423 259,999 26,424 9% 0 373.620 -1%
TOTAL SOUD WASTE FUND: 13,654,720 13,093,080 9,854,.29 9,480,526 373,903 4% -200,000 12,893,080 -6%
STORMWATER UnLITY FUND
Watershed Management 2,017,380 1,610,870 1.426,866 1,413,725 13,143 1% 0 1,610,870 -20%
EnvlronmentaVRegulatory 57,820 57,820 45,132 44,088 1,044 2% 0 57,820 0%
Stormwater Utility 1,974,520 1,933.750 1,472,269 1,469,047 3,222 0% 0 1,933,750 -2%
TOTAL STORMWATER UTIL F 4,049,720 3,602,440 2,944,269 2,926.860 17,409 1'\'.. 0 3,602,440 -11%
RECYCLING FUND
ResIdential Program 1,219,210 1,217,391 1,008,049 994,590 13,459 1% 0 1,217,391 0%
Multi-Family Program 471,540 419,400 320,877 320,690 -13 0% -5,000 414,400 -12%
Commerclal Program 689,510 639,300 505,757 453,261 52,496 10% -30,000 609,300 -12%
TOTAL RECYCLING FUND: 2,380,260 2,216,091 1,834,603 1,768,741 65,942 4"/, -35,000 2,241,091 -6%
TOTAL, UTILITY FUNDS
77,987,200 77,011,240 60,462,035 58,183,192 2,278,843 4';"
469.740 77,480,980 -1-/.
-14-
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Marine Fund
Revenues:
Expenditures:
Increasel
(Decrease)
..
, .
.. .. ,
3rd atr Amendments
9/6/976:06 AM
City of Clearwater
Other Enterprise Funds
Third Quarter Amendments
FY 1996/97
DescriDtlon
No amendments are proposed for the Marine Fund at
third quarter. Anticipated revenues exceed anticipated
expenditures ~y approximately $57,120 for FY 1996/97.
No Amendment
, No Amendment
Parklna Fund
Revenues:
Expenditures: '
No amendments are proposed for the Parking Fund at
third quarter. Anticipated revenues equal anticipated
expenditures for FY 1996/97.
No Amendment
No Amendment
Harborview Fund
Revenues:
Expenditures:
24,510
24,510
The 15% negative variance In program expenditures Is
a result of the timing in the payment of contractual
obligations. No other amendments to project
expenditures are provided at this time, with the
exception of the amendment below.
Revenue amendments reflect the appropriation of
retained earnings which in essence, a borrowing from
the cash pool, to pay the debt payment on the Boston
Concession's loan.
Expenditure amendments reflect the debt payments on
the Boston Concession's loan which was not Included in
the original budget.
" ,.
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-15-
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ENTERPRISE FUNDS
REVENUE REVII:W
THIRD QUARTER. October 1,1996 to June 30, 1997
FY 98/97 PrevQtt Third Third
Original Amended Quartor Quarter Variance Amonded
Budget Budget ProJectlon Actual Amount Il/. AdJustmont Budget %
MARINE FUND
Operating Rovenues
Sales 942,850 1,105,600 808,340 876.449 68,109 8% 0 1,105,600 17%
Renlals 837,670 848,000 628.477 683,224 54,747 9% 0 848,000 1%
Other Revenues 173,980 174,980 122,632 141,341 18,709 15% 0 174,980 1%
Other (Non-Revenue)
Flnanclng Sources 0 0 12,960 0 .12,960 -100% 0 0 nla
Total, MARINE 1,954,500 2,128,580 1,572,409 1,701,014 128,605 8% 0 2,128,580 9%
PARKING FUND
Operating Revenues
Parking Recelpls 2,271,400 2,271,400 1,803,553 1,884,550 80,997 4% 0 2,271,400 0%
Other Revenues 269,160 256,610 170,072 219,465 49,393 29% 0 256,610 -5%
Other (Non-Revenue)
Flnanclng Sources 41,500 58,810 0 0 0 0 58,810 42%
Total, PARKING 2,582,060 2,586,820 1,973,625 2,104,015 130,390 7% 0 2,586,820 0%
HARBORVlEW CENTER FUND
Opemtlng Revenues 1,710,160
Other Financing Sources 153,280
Total, HARBORVlEW CENTE 1,863,440
1,269,679
381,866
1,671,545
967,257
o
967,257
978,687
o
978,687
11,430
o
11.430
1%
1%
o
24,510
24,510
1.289,679 .25%
406,376 165%
1,696,055 -9%
Total, ENTERPRISE FUNDS. 6,400,000 . 6,386,945 4,613,291 4,783.716
270,425
6".
24,510 6,411,455
0%
-16-
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ENTERPRISE FUNDS
EXPENDITURE REVIEW
THIRD QUARTER - October 1,1996 to June 30,1997
Program
FY 96197
Original
Budget
PreY Qtr
Amended
, Budget
Third
Quarter
ProJectlon
Third
Quarter
Actual
Variance
Amended
D/_ Adjustment BUdget
-/D
MARINE FUND:
MARINE DEPARTMENT -
Marina OperaUons
1,935,910 2,071,460 1,626,781 1,653,933
-27,152 -2%
2,071,460 7%
PARKING FUND:
ENGINEERING DEPARTMENT -
. " Parking System > , 2,165,360 2,170,120 1,693,591 1,700,187 -6,596 0% 2,170,120 0%
". MARINE DEPARTMENT -
Beach Guard OperaUons 416,700 416,700 303,206 298,656 4,550 2% 416,700 0%
TOTAL: 2,582,060 2,586,820 1,996,797 1,998,843 -2,046 0% 0 2,586,820 0%
HARBORVIEW CENTER FUND:
Harborvlew Ctr Operations
1,663,440 1,671,545 1,205,679 1,391,105
-185,426 -15%
24,510 1,696,055 -9%
TOTAL, ENTERPRISE FUNDS
6,381,410 6,329,825 4,829,267 5,043,881
-214,624 -4111.
24,610 6,364,336 0%
-17-
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3rd Ctr Amendments
9f8I9n:45 AM
City of Clearwater
Third Quarter Amendments
Internal Service Funds
FY 1996/97 .
Increasel
(Decrease)
Description
General Services
Revenues:
Expenditures:
No amendments are proposed for the General Services
Fund at third quarter. Anticipated revenues exceed
anticipated expenditures" by approximately $112,760 for
FY 1996/97.
No Amendment
No Amendment
Administrative Services
Expenditures:
39,670
Anticipated revenues equal anticipated expenditures for
FY 1996/97.
The amendment reflects the appropriation of and
transfer of unappropriated retained earnings to Capital
Improvement Project 315M94749 for software and other
Items for the Enterprise Network project (approved
9/4/97).
Revenues:
39,670
Garnoe Fund
Revenues:
expenditures:
No amendments are proposed for the Garage Fund at
third quarter. Anticipated revenues exceed anticipated
expenditures by approximately $10,892 for FY 1996/97.
No Amendment .
No Amendment
Central Insurance
Revenues:
expenditures:
No amendments are proposed for the Central Insurance
Fund at third quarter. Anticipated revenues exceed
anticipated expenditures by approximately $608,260 for
FY 1996/97.
No Amendment
No Amendment
l"
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INTERNAL SERVICE FUNDS
REVENUE REVIEW
THIRD QUARTER. October 1,1998 to Juno 30, 1997
FY 98/97
Original
Budgot
PrevQtr
Amonded
BUdget
Third
Quartor
ProJoctlon
Third .
Quarter
Actual Variance
"/.
Amended
Adjustment Budget
.k
General Services
2.340.340 2,411,010 1,B41,220 1,949,913 108,693 6%
o 2,411.010 3%
I
I
i,
AdmlnlstraUve Services
~,036,330 5,913,630 4,170,094 4,159,087 -11.007 0%
39,670 5,953,300 -1%
: .' ',' , Garage Fund
7,940,960 7,957,735 5,973,721 5,858.911 -114,810 -2%
o 7,957.735 0%
CentrallnaurancG
8,792,980 8.720,110 6,594,732 6,699,019 104,267 2%
o 8,720,110 . -1%
TOTAL, INTERNAl.
. SERVICE FUNDS
25,110,610 26,002,485 18,579,767 18,666.930
87,163 0"1.
39,670 26.042.155 0%
-19-
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INTERNAL SERVICE FUNDS
EXPENDITURE REVIEW
THIRD QUARTER - October 1,1996 to June 30, 1997
End of
FY 96/97 PmvQtr Third Third
Original Amended Quarter Quarter Amended
Cepartmont Budget BUdget ProjectIon Actual Varian co '/, Adjustment Budgot '/,
GENERAL SERVICES FUND (665)
AdmInistration (6510) 249,770 218,770 160,043 166,775 -6,732 -4% 218,770 -12%
Building & Malnlenance (6531) 2,042,160 2,079,460 1,604,269 1,507,125 97,144 6% 2,079,460 2%
"Total- General Svcs Fund. 2.291,930 2,298,230 1,764,312 1,673.900 90,412 5'/" 0 2,298,230 0%
GARAGE FUND (566)
Fleet Malnlenance Program -
General Opemtions (6611) 4,414,510 4.414,510 3,355,873 3,496,559 -140,686 -4% 4,414,510 0%
VehIcle Replacement (6612) 2,485,750 2,522,413 1,925,682. 1,671,350 254,332 13% 2,522,413 1%
Tolal Fleel Malnlenance 6,900,260 6,936,923 5,281,555 5,167,909 113,646 2% 0 6,936,923 1%
RadIo Communications (6620) 1,009,920 1,009,920 935,452 894,184 41,268 4% 1,009,920 0%
"Total- Garage Fundi 7,910,180 7,946,843 6,217,007 6,062,093 154,914 2'1, 0 7,946,843 0'1,
ADMINISTRATIVE SERVICES FUND (555)
Infonnatlon SeNlces Program -
Information SeNlces (9862.) 1,395,520 1,386,856 1,141,028 1,051,557 89,471 8% 39,670 1,426,526 2%
Technical Support (9861) 1,583,900 1,472,784 1,086,045 1,118,153 -32,108 -3% 1,472,784 -7%
Totallnfonnatlon Svca 2,979,420 2,859,640 2,227.073 2,169,710 67,363 30/, 39,670 2,899,310 -3%
GraphIcs Comm Program -
Graphics Communications (9225) 354,220 354,220 269,692 243,235 26,457 10% 354,220 0%
Mall & Messenger (9872) 208,880 208,880 159,264 155,994 3,290 2% 208,880 0%
Total Graphics 663,100 563,100 428,976 399,229 29,747 7D/. 0 563,100 0%
Utility Customer Servlce-
Credit & Collection (9883) , 163,360 163,280 127,079 125,740 1,339 1% 163,280 0%
Billing (9864) 1,631,430 1,655,480 1,278,735 1,205,386 73,349 6% 1,655,480 1%
Meter Reading (9885) 338,360 356,890 280,901 265,881 15,020 5% 356,890 5%
Total UUI Cust Sve 2,133,150 2,175,650 1,686,715 1,597,007 89,708 5~D 0 2,175,650 2~.
Purchasing Operations (9871) 315,240 315,240 240,090 209,360 30,730 13% 315,240 0%
"Total - Admin Sves Fundi 5,990,910 5,913,630 4,682,854 4,375,306 207,548 5'/D 39,670 5,953,300 -1'/,
INSURANCE FUND (590)
Risk Management (9830) 325,390 325,390 251,312 243,053 8,259 3% 325,390 0%
Employee Benefits (9831) 123,670 121,870 92,856 80,459 12,397 13% 121,870 -1%
Non.Departmental (7000) 7,664,590 7,664,590 5,746,444 5,435,187 313,257 5% 7,664,590 0%
"Total Centrallno. Fund. 8,113,650 8,111,850 6,092,612 5,758,699 333,913 5% 0 8,111 ,850 0%
TOTAL INTERNAL FUNDS 24,306,670 24,270,553 18,656.785 17,869,998 786,787 4% 39,670 24,310,223 0%
-20-
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Third Quarter Summary
FY 1996-97
The amended 1996-97 Cnpitallmprovement Program budget report is submitted for the City Commission's third
quarter review. The net proposed amendment is a budget increase of $4,433,970. This review provides the
opportunity to examine the status of all active projects and present fonnal amendments to the project budgets.
Fiscally significant budget increases encompassed within this review arc as follows:
The following Capital Improvement Budget increases have not been previously approved by the Commission.
PUBLIC SAFETY:
Pollce Aides: A budget increase of $90,000 of General Fund revenues representing Police Department
operating savings to provide funding to re-establish 5.8 positions in the FY 97/98 budget to maintain the
police aide program at the current level.
1RANSPORTATION:
Landmark Drive Extension: A budget increase of $2,000 of property owners slmre funding to be used for
landscaping per the development agreement.
LEISURE:
Gulf to Bay Beautification: A budget increase of $694,500 of unappropriated Special Development FWld
revenues and General Fund revenues to provide funding for landscaping improvements to Gulf to Bay.
GENERAL PUBLIC BUlLSINGS & EQUIPMENT:
Enterprise Network Phase D: A budget increase of $15,861 of contractual service fees representing a
refund received from Digital Equipment for work previously completed on the enterprise network, plUS an
increase of General Fund Gas revenues representing operating savings of the Fire Department, to provide
funding for outside contractors needed for accelerated implementation of this project.
Centnillzed RecordslImaging System: A budget increase of $32,000 of General Fund revenues
representing savings .of the City Clerk operations to provide funding for consultants.
Economic Development Studies: A budget increase of $150,000 of unappropriated Special Development
Fund revenues to establish a project for economic development studies.
Code Review nod Rewrite: A budget increase of $200,,000 of General Fund revenues representing
operating savings of the Legal and other departments to establish a project to contract with a finn to review
and rewrite the City codes.
City Newsletter: A budget increase of $130,000 of General Fund revenues representing operating savings
of various departments to establish a project to produce and distribute a quarterly City newslener.
UfILlTIES:
Stonnwater QuaUty Improvement/Property Purchase: A budget increase of $67,353 to recognize
reimbursements from Southwest Florida Water Management District, Pinellas County, and Safety Harbor
for the Alligator Creek stormwater project.
PineUns New Gas Mains & Service: A budget increase of $752 of Gas Bond Interest to reflect acmal
revenues received.
-21-
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Clearwater, Florida
CAPITAL IMPROVEMENT FUND
Third Quarter Summary
FY 1996-97
. . .
The following Capital Improvement Budget increases have been previously approved by the Commission.
Municlpal ServiceslPublic Safety & Police Complex
Sand Key Power Line
. Graphics Communications System
. Reclaimed Water Distribution System
Enterprise N~twork Phase II
Project
Bud2et
241tooo
534t227
1,505
2.412,000
39t669.62
Commission
Approval
6/5/97
10n/96
6/19/97
6119/97
9/4/97
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CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996/97
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Descrlptlon Amendment
1 315-91125 (4,304.73) Computer Consultant Study w to CLOSE
Spec prog fund rev (81-195) to 315-91127 (4,304.73)
2 315-91127 4,304.73 Pollee Computer Network
Spec prog Fund rev from 315-91125 4,304.73
3 315;,91141 90,000.00 Police Aides
Gen fd rev from Pollee operating savings
to establish new proj to reestablish 5,8
positions In FY 98 (10-197) 90,000.00
4 315-91222 Flro Facilities Automation
(8,450.00) · lease purchase funding
7,858.66 Gen Fund rev from Fire operations to fund
Items that cannot be lease purchased
due to accelerated Installation (9/4/97) (591.34)
5 315-91223 Pollutant Stor Tank RemoY-Flre Sta #6
50,000.00 Infra tax (82-196) from 315-96113
50,000,00 Garage rev (66-195) from 315-96113 which
Is being closed to change the proj number 100,000,00
6 315-92140 179,313.00 Highland Ave Widening (8/21/97)
Road MlIIage from 315-92260 for reconstr
of Highland from Gulf-to-Bay to Su,:\set pt 179,313.00
7 315-92145 2,000.00 . Landmark Dr Extension
Property Owners Share rev (16-197) rcvd for
landscaping per development agreement 2,000.00
8 315-92256 Street Resurfacing w to CLOSE
(207,840.75) road mUlage (18-197) to 315-92260
(132,586.22) road millage (18-196) to 315-92260 to
transfer open encumbrances and related
revenues to the replacement project (340,426.97)
9 315-92260 Stroet Resurfacing
(179,313.00) road millage to 315-93140, Highland Ave
207,840.75 road millage (18-197) from 315-92256
132,586.22 road millage (18-196) from 315-92256 161,113.97
10 315-93202 (15.87) Carpenter Fld Clubhse Ronov - CLOSE
project complete
Infra tax (82-196) to 315-93210, McM Ung (15.87)
date In parentheses Is CommissIon Approval dato
· donotes Budget ONLY amendment
-23-
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C1P 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996/97
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
11 315~93203 (173.02) MLK Restoom & Lobby Renov ~ CLOSE
Infra tax (82~196) to 315~93210 (173.02)
12 315~93210 Mcmullen Tennis Court Lighting
15.87 Infra tax from 315~93202
173.02 infra tax from 315~93203
2,000.00 Gen fund rev (10~197) from 315~93269 2,188.89
13 315~93211 Mcmullen Tennis Complex Bldg Renov
(10,000.00) Infr tax (82-197) to 315~93285, JR Stad Ren
10,000.00 Gen Fd (10.197) from 315~93285, JR Stad Ren
to substitute Gen Fd rev for Infra tax rev in
93211 and Infra tax for Gen Fd rev in 93285
(10,000.00) Gen Fd to 315-93214, Phillip Jones Club
(6/19/97) (10,000.00)
14 315~93214 Phillip Jones Clubhouse Renoy & Exp
10,000.00 Gen Fd from 315~93211, Mcmullen Tennis
5,000.00 Gen Fd from 315-93285, J R Stadium Ren
(10-197) (6/19/97) 15,000.00
15 315~93269 (2,000.00) Light Replacement
Gen fund rev to 315-93210 (2,000.00)
16 315~93285 J R Stadium Structural Repair
10,000.00 Infr tax from 315~93211, Mcmullen TennIs
(10,000.00) Gen Fd to 315-93211, Mcmullen Tennis
to substitute Gen Fd rev for Infra tax rev
in 93211 and infra tax for Gen Fd rev in
93285
(5,000.00) Gen Fd to 315-93214, Phillip Jones Club
(6/19/97) (5,000.00)
17 315~93321 600,000.00 Gulf to Bay Beautification
unappropriated retained earnings of the
Special Development Fund (42.197)
for landscaping improvements
94,500.00 Gen Fd rev from Police operating savIngs 694,500.00
18 315.93510 (1,052.97) Books/Mat'ls Collect.Mn/East .to CLOSE
Gen Fd to 315-93521, Books Ma~ls Coli
to adjust for encumbrances closed short
93521 replaced 93510 at Mid Year to close
out prior years' expenditures (10.197) (1,052.97)
.1 dole In parentheses Is CommIssion Approval dale
.:
.) · denoles Budget ONLY amendment
-24-
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CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996/97
Increase!
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
19 315-93519 (2.506.97) North Groenwood Parking - to CLOSE
Gen Fd rev (10-195) - project complete {2,506.97}
20 315-93521 1,052.97 BookslMat'ls Collection-Main/East
Gen Fd from 315-93510, Books, Matls Col 1,052.97
21 315-94223 64,886.00 Garage/Bldg & Malnt Technology Upgr
Gen Svc rev (65-193) from 315-94513,
Bldg & Malnt Facllity, to fund 81dg & Malnt
portion of technology upgrade 64,886.00
22 315-94226 Fleet Air Quality Improv - to CLOSE
project complete 0.00
23 315-94513 (64,886.00) Bldg & Malnt Facility - to CLOSE
project complete
Gao Svcs rev (65-193) to 315-94223,
Bldg & Maint Facility (64,886.00)
24 315-94602 Mun Svcs/P Safety & Police Complex
241,000.00 * Gen Fd rev representing decrease in debt
service payments (now to be funded by
bond Interest earnIngs) to fund additional
non-construction expenditures (6/5/97) 241,000.00
25 315-94605 (55,000.00) City Hall Renovations
Gen Fd rev to City Manager's Operating
for collective bargaining representative sves
(10-196) (6/19/97)
(106,594.26) Gen Fd rev - return to fund to CLOSE
(10-196) project complete {161,594.26}
. . 26 315-94711 Sand Key Power Line
(1,043.09) * Interest Rev - to remove all interest activity
from project (43-197) (all interest earned and
expensed will be reflected in General Fd)
535,269.67 * Property owners share rev to Increase
project budget to maximum expected
final cost (16-197) (10/17/97) 534,226.58
date In parentheses Is CommissIon Approval date
· denotes Budget ONLY amendment
,-25-
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CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996197
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
27 315~94712 (1,599.73) Engineering Computer Upgrade - CLOSE
to 315-96440, Inprovements to SW complex
Return remaining revenues to Solid Waste
Fund based on year end project analysis
a new Eng Computer Upgrade project will
be established In FY 98/99 (23-193) (1,599.73)
28 . 315-94725 1,505.00 .. Graphics Communications System
lease purchase (6119/97) 1,505.00
29 315-94749 12,311.43 .. Enterprise Network Phase II
Contractual Service Fees representing
a refund from Digital Equipment for work
done on the enterprise network (1-197)
3,850.00 Sewer rev (25-197) from 96663, Portable
Lift Station to provide funding for Public
Services share of outside contractor for
accelerated Installation
3,550.00 Gen fund rev (10-197) from Fire operations
for outside contractor for accelerated Inst
11,730.00 Gas rev from 315-94757, Vt Bill Yr 2000
(21-197) for gas portion of outside
contractor for acelerated lr-lstaHatlon
3,910.00 Solid Waste rev from 315-96436 for SW
portion of outside contractor for accelln!;t
39,669.62 Unappropriated retained earnings of Admin
Svcs to provide additional funding for Items
that cannot be lease purchased (9/4/97) 75,021.05
30 315-94753 32,000.00 Centralized Recordsllmaglng System
Gen Fund rev representing operating savings
of City Clerk for consultants 32,000.00
31 . 315-94757 (11,730.00) Utility BlUing Year 2000 Compliance
Gas rev to 315-94749 for gas portion of
outside contractor for accelerated install
(21-197) (11,730.00)
32 315-94758 Park & Rec Personal Computers
(10,854.00) .. lease purchase Dell contract (8n/97)
5,648.18 Gen Fd rev representing savings of paR
operating for bubblejet printers & software
from 010-01675 (10-197) (8/21/97) (5,205.82)
data In parenthesesls Commission Approval dale
· denotes Budgot ONLY amendment
-26-
CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996/97
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
33 315.94761 80,383.84 Pollutant Stor Tank RemoY-Gen Fund
Gen Fund rev from 315-96108, which is
being closed to change the project number 80,383.84
(55,000.00=10-197,25,383.84=10-196)
34 315-94762 150,000.00 Economic Development Studies
unappropriated retained earnings of
Special Dev Fund to establish new project
(42-197) 150,000.00
35 315-94763 . 200,000.00 Code Review & Rewrite
Gen Fund rev from operating savings of
Legal to establish new project (10-97) 200,000.00
36 315-94764 130,000.00 City Newsletter
Gen Fund rev from various sources to
establish new project (10-197) 130,000.00
37 315-96103 Stormwater Quality Improv Property
(5,400.00) * Pinellas County Commission rev (4-197)
representing expected reimbursement for
Allen's Creek (reduce estimated retmb)
50,876.55 * Other Municipalities - reimbursement
received from SW FI Water Mgmt District
for Alligator Creek (61-197)
19,536.60 * Plnellas County Commission revenues
reimbursement received for Alligator Creek
2,340.32 * Other Municipalities - reimbursement
from Safety Harbor for Alligator Creek 67,353.47
38 315-96108 (80,383.84) Pollutant Stor Tank Remov-GF -CLOSE
Gen Fund rev to 315-94761, the project
replacing 96108 (80,383.84)
39 315-96109 (7,000.00) Downtown lake
Stormwater rev to 181-99136, Sustainable
Challenge Grant (8n/97) (20-195) (7,000.00)
40 315-96113 Poll Stor Tank Remov-Flre Sta#6- CLOSE
. (50,000.00) Infra tax (82-196) to 315-91223
(50,000.00) Garage rev (66-195) to 315-91223 which
is replacing 96113 (100,000.00)
Note: also move 225,00 expense to 91223
dale In panlnlheses Is Commission Approval date
· denotes Budget ONLY amendment
-27-
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CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996/97
Increase/
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
41 315-96116 (28,000.00) Poll Stor Tank Remov~WPC . CLOSE
Sewer Rev (25-197) to 315-96670 which Is
replacing 96116 to change project number (28,000.00)
42 341-96301 Plnellas New Gas Mains & Svcs - CLOSE
751.75 Gas Bond Interest rev (79-197)
12,015.12 Gas Bond rev (actual trans=12,015.05 79-195)
from 341-96305, Pin Gas Bldg & Equip 1m 12,766.87
43 341-96302 1,311.91 Pinellas Gas System Improv - to CLOSE
Gas Bond rev (79-195) from 341-96305 1,311.91
44 341-96303 286,31 Pin Gas Line RelDc/PW - to CLOSE
Gas bond rev (79-195) from 341-96305 288.31
. 45 341-96305 Pin Gas Bldg & Equip Improv - CLOSE
(288.31) Gas bond rev (79-195) to 341-96303
(1,311.91 ) Gas bond rev (79-195) to 341.96302
(12,015.05) Gas bond rev (79-195) to 341-96301 (13,615.27)
46 351-96320 (200,000.00) Pasco Expansion New Mains & Svcs
Gas bond rev (79-196) to 351-96370 for
Heuer $731,150 contract (9/4/97) (200,000.00)
47 351-96322 (38,100,00) Pasco land, Bldgs & Equlpmont
Gas bond rev (79-196) to 351-96370
(59,000,00) Gas bond rev (79-196) to 351-96370 for
Heuer $731,150 contract (9/4/97) (97,100,00)
48 351-96370 Pinellas Phase" New Mains
36,100.00 Gas bond rev (79-195) from 351-96322
for various material used In projects
129,564.00 Gas bond rev (79-195) from 351-96370 for
Heuer PO#11476 (817/97)
200,000.00 Gas bond rev (79~195) from 351-96320 for
Heuer $731.150 contract (9/4/97)
59,000.00 Gas bond rev (79-195) from 351-96322 for
Heuer $731,150 contract (9/4/97)
300,000.00 Gas bond rev (79-195) from 351-96371 for
Heuer $731,150 contract (9/4/97)
52.050.00 Gas bond rev (79-195) from 351-96372 for
Heuer $731,150 contract (9/4/97) 778,714.00
dolo In parenlheses la CommIssion Approvel dele
· denotos Budget ONLY amendment
-28-
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, CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
ThIrd Quarter Amendments
FY 1996/97
Increasel
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
'49 351~96371 Plnellas Phase II Gas Line Relocation
(200,000.00) Gas bond rev (79~196) to 351~96372
(129,564.00) Gas bond rev (79-196) to 351-96370
(300,000.00) Gas bond rev (79-196) to 351~96370 (629,564.00)
- 50 351-96372 Plnellas Phase II System Improvement
200,000.00 Gas bond rev (79-196) from 351~96371 for
Dunedin subaqueous project
(52,050.00) Gas bond rev (79-196) to 351-96370 147,950.00
51 315-96436 (85,897.28) Solid Waste Complex - to CLOSE
Solid Waste rev to 315-96440
(27,000.00 = 23-197,58,897.28 =23-194)
(3,910.00) SW rev to 315-94749 (23-194) (89,807.28)
52 315-96440 85,897.28 Improvements to Solid Waste Complex
SoUd Waste rev to 315-96440 to establish
project to fund improvements to the solid
waste complex
(27,000.00 = 23-197,58,897.28 =23-194)
1,599.73 Solid Waste rev to 315-96440 (23-193) 87,497.01
53 316-96631 WPC R&R ~ to CLOSE
(14,061.01 ) Utility R&R rev to 315-96664, WPC R&R
which replaced 96631 to adjust for changes
to existing purchase orders and change
orders #1 & #2 (27-196) (14,061.01 )
54 315-96632 Sanitary Sewer R&R . to CLOSE
(11,642.07) Utlttty R&R rev (27-197) to 315-96665
which replaced 96632, to adjust for change
orders (11,642.07)
65 315~96663 (3,850.00) Portable Lift Station
Sewer rev to 315-94749, Ent Netwk Ph II (3,850.00)
56 315~96664 WPC R&R
14,061.01 Utility R&R rev (27-196) from 315-96631 14,061.01
57 316-96665 Sanitary Sewer R&R
11,642.07 Utility R&R rev (27-197) from 315-96632 11,642.07
58 315-96670 28,000.00 Poll Star Tank RemDv~WPC
Sewer Rev (25-197) from 315-96116 which is
being replaced to change project number 28,000.00
dale In parentheses Is CommIssIon Approval date
· denotes Budget ONLY amendment
-29-
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CIP 3rd Quarter Amendments97.xls
CAPITAL IMPROVEMENT FUND
Third Quarter Amendments
FY 1996/97
Increasel
Amendment Project (decrease) Transfer Net Budget
Number Number Amount Amount Description Amendment
59 367-96707 Main Construction -Bond to CLOSE
315-96707 223.95 Main Construction
Water Rev (22-194) from 315-96722 223.95
60 315-96722 (18,018.00) Line Relocation Malnt - to CLOSE
Water rev (22-194) to 315-96707 (18,018.00)
61 315-96739 Reclaimed Water Distribution System
1,326,600.00 W & 5 fund retained earnings
1,085,400.00 · future reimbursement from Southwest Fla
Water Management District (61-197)
for Contract No.2 for pUf"!1plng stations and
storage tank (6/19/97) 2.412,000.00
62 315-96742 17,794.05 Line Relocation. Capitalized
",,- Water rev from 315-96722 17,794.05
4,433,969.46 0.07 Totals 4,433,969.53
" :(
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* denotes Budget ONLY amendmenl
-30-
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1,1995 to June 30, 1996
Actual expenditures
Budgot Amonded Revised Project Opon Avallablo Amend
Description 1011(96 PrevQtt Amdmts Budgot To Data Encumbr Balance StatUB Ref
PUBLIC SAFETY
Police Protection
91125 Computer Consultant Sludy 184,665 184,665 -4,305 180,360 180,360 0 C 1
91127 Police Computer Notwork 3,335,000 3,335,000 4,305 3,339,305 1,615,790 1,710,627 12,888 2
91133 ponce Target System 30,000 27,636 27,636 27,636 0 C
91134 Beach Dlst Substa Reno 325,000 0 0 0 0
91136 Rad 10 Switch for Pollee 925,000 925,000 925,000 918,393 6,607 0
91137 Radio Comm Tower link 285,000 265,000 285,000 0 285,000
91138 Countryside Sub Expansion 0 325,000 325,000 0 325,000
91141 ponce Aides 0 0 90,000 90,000 90,000 3
6,084,666 6,082,301 90,000 5,172,301 2.742,179 1,717,234 712,888
Fire Protection
91213 Fire Apparatus RefurbIsh 207,750 207,750 207,750 136,003 71,747
91218 FIre EngIne Replacement 691,965 691,965 691,965 334,965 357,000
91219 EMS Capital Equipment 958,753 796,998 796,998 796,997 0 C
91220 Emergency Operations Clf 146,055 148,227 148,227 6,085 142,142
91221 EMS Capital Equipment 0 161,756 161,756 0 161,756
91222 Fire Facilities Aulomation 0 90,000 -591 89,409 0 89,409 4
91223 Pol StorTk Rem-FIre Sta#6 0 0 100,000 100,000 225 99,775 5
2,004,623 2,096,695 99,409 2,196,104 1,274.275 0 921,828
TRANSPORTATION
New Stroot Construction
92140 Highland Avenue Widening 5,431,305 5,431,305 179,313 5,610,618 2,801,108 2,445,468 364,042 6
92141 Drew Street WidenIng 3,050,000 2,050,000 2,050,000 1,562,555 119,418 368,027
92143 Hampton Road 1,022,400 702,052 702,052 702,052 0 C
92145 Landmark Dr extensIon 1,000,000 1,000,000 2,000 1,002,000 530,934 355,640 115,426 7
92146 Druid Rd WidenIng 1,000,000 1,000,000 1,000,000 0 1,000,000
92147 Beach Streetscapes 0 92,303 92,303 0 92,303
Sub.Total 11,503,705 10,275,660 181.313 10,456,973 6,696,849 2,920,526 1,939,798
Major StroBt Maintenance
92256 Street Resurtadng 10,484,526 9.176.287 -340,427 8,835,860 8,835,860 0 0 C 8
92258 Paving Unpaved Streets 266,186 266,186 266,186 197,830 68,356
92259 Traffic Calming 100,000 100,000 100,000 0 100,000
92260 StraetResurtadng 0 1,308,240 161,114 1,469,353 376,619 927,196 163,539 9
Sub.Total 10,850,712 10,850,712 -179,313 10,671,399 9,412,309 927,196 331,894
SIdewalks and Bike Trail
92330 Sidewalk Construc-Gen 1,005,201 739,915 739,915 739,915 0 C
92332 SIdewalk R&R City 969,722 701,935 701,935 701,935 0 C
92336 Mandalay Sidewalks 125,000 32,697 32,697 '32,697 0 C
92337 CIvic CtrlMarlna Crwalk 100,000 100,000 100,000 0 100,000
92338 Sidewalks 0 533,073 533,073 109,561 437,392 -13,880
Sub.Total 2,199,923 2,107,620 0 2,107,620 1 ;584,1 08 437,392 86,120
Stann Drainage
92416 Cleveland StlArcturas 400,772 400,772 400,772 400,234 40B 130
Sub.Total 400,772 400,772 0 400,772 400,234 408 130
-31-
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STAruS SUMMARY
ntlRD QUARTER: October 1,1995 to June 30,1996
Actual Expenditures
Budgot Amended RovlsBd Project Opon Avallablo AmBnd
DBscrlpUon 10/1/96 PrevQlt Amdmts Budgot To Date Encumbr Balanco Status Ref
TRANSPORTATION
IntaraecUons
92551 City-Wide Intersection lmprv 511,778 511,778 511,778 373,137 3,467 135,174
92552 Signal Renovation 411,148 411.148 411,148 254.538 7.974 148,636
92553 New Signal Installation 470,188 470.188 470,188 170,053 9,362 290,773
92555 Intersection Improvements 1,610,915 1.610.915 1,610,915 408,491 560,636 641,788
92556 ADA Intersect Improvements 676,969 554.964 554,964 554,964 0 C
Sub-Total 3,680,998 3,558,993 0 3,558,993 1,761.183 581.439 1,216,371
Parking
92612 Street LIght EquIpment 15,000 14,102 14.102 14,102 0
92630 ParkIng Lot Resurfaclng 528,124 529,022 529,022 281 ,392 35,635 211,995
92632 Pkng Garago Structure Rpr 269,732 269,732 269,732 77.307 6,955 185,470
Sub-Total 812,856 812,856 0 812,856 372.801 42,590 397,465
Miscellaneous EnglneBrlng
92816 N Greenwood Business Area 300,000 300,000 300,000 241,427 58,573
92820 Momorial Causeway Br Rap! 4,070,000 3,720,000 3,720,000 970,138 79,268 2,670,594
92822 Miscellaneous EngIneering 25,000 54,489 54,489 29,604 24,885
Sub-Total 4,395,000 4,074,489 0 4,074,489 1,241,169 79,268 2,754,052
LEISURE
Park Development
93202 Carpenter Fld Club Hse 758,147 758,147 -16 758.131 758,131 0 0 C 10
93203 MLK Restroom & Lobby 94,352 91,352 -173 91,179 91,179 0 C 11
93204 Concrete Sidewalk & Pad 50,000 50,000 50,000 9,370 33,619 7,011
93205 Counbyslde Roc Ctr Furnish 138,000 138,000 138,000 115,278 595 22.127
93206 Roller Hockey Facility 51,000 51,000 51,000 0 51,000
93207 Madison Ave Parking Lot 20,000 0 0 0 0 C
93208 Softball Complex Dav 220,000 220,000 220,000 22,292 54,805 142,903
93209 Del Oro Park Renovtns 80,000 80,000 80,000 4,910 75,090
93210 McMullen Tns Ct LIghting 100,000 81,000 2,189 83,189 75,131 6,695 1,363 12
93211 McMullen Tns Com Bldg 80,000 94,000 -10,000 84.000 7,077 74,593 2,330 13
93212 RecreaUon Palh 150,000 150,000 150,000 0 150,000
93213 Grandstand & Bleacher 25,000 25,000 25.000 0 25,000
93214 Phillip Jones Clubhouse 40,000 43,730 15,000 58,730 3,943 1,826 52.961 14
93215 Holt Avenue Pool Repairs 0 40,000 40,000 32,515 3,832 3,653
93229 Tennis Court Resurfaclng 145,357 165,357 165,357 142,686 1,549 21,122
93230 Playground EquIp RepVNew 361,530 361,530 361,530 361.286 244
93249 New ParkIng Lots 64,685 44.685 44,685 20,248 24,437
93262 Fencing Replacement Progr 149,555 154,555 154,555 135,527 1,680 17 ,348
93269 Ught Replacement 522,596 522,596 -2,000 520.596 438,998 81,598 15
93281 CountrysIde Recreation Ctr 1,579,897 1,578,903 1.578.903 1,578,903 0 C
93282 Sand Key City Park 30Q,000 300,000 300,000 261,885 26,914 11,201
93285 J Russell Stdm Slruc Repair 642.392 625,392 -5,000 620,392 609,691 8,213 2,488 16
.93286 ParkIng Lot Resurfaclng 97,000 97,000 97,000 31,334 44,003 21,663
93288 81g Pier 60 Park 1.593,553 1,598,788 1,598,788 1,562,599 32.535 3,654
93292 Soule Road Park 250,000 214,609 214,609 214,609 0 C
93293 Norton Prk Reslroom/Stor 37,000 34.265 34,265 34,265 0 C
93295 Lake Chautauqua Park 420,000 420,000 420,000 13,407 6,101 400,492
93296 C Beach Aquatics Pk &Pool 575,000 575,000 575,000 9,479 53,050 512,471
93297 Bayshore Park 100,000 50,000 50,000 26,393 23,607
93298 PIcnic Shelters 70,309 155,700 155,700 8,683 65,026 81,991
Sub-Total 8,715,373 8,720,608 0 8,720,608 6,669,819 415,038 1,735.753
-32-
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
TIlIRD QUARTER: October 1.1995 to June 30,1996
Actual Expondltures
Budget Amendod Revised Project Opon Available Amend
Description 1011196 Prey Qtr Amdmta Budget To Dalo Encumbr Balance Statu. Ref
LEISURE (CONTINUED)
Boautlflcatlon
93316 Bayfront Park Renovations 318,925 318,925 318,925 8,913 310,012
93321 Gulf to Bay Beautificallon 40,000 40,000 694,500 734,500 26,442 4,485 703,573 17
Sub-Tobll 358,925 358,925 694,500 1,053.425 35,355 4,485 1,013,585
Marine Facilities
93413 UtllitiosiSves Replace 229,411 229,411 229.411 221.556 7,855
93429 Dock Replacement & Repair 123,740 123,740 123,740 116,864 6,027 849
93436 WatelWay Maintenance 118,941 118,941 118,941 113,725 5,216
93443 Seminole St Boatramp Ordgn 280,615 280,615 280,615 258,182 3,668 18,765
93470 BrldgelDockslSeawal1s-R&R 397,604 397,604 397,604 157,919 1,634 238,051
93481 CIw Pass Bridge Construct 2,467,281 2.461,066 2,461,066 2,461,066 0 C
93487 FishIng Piers 356,031 356,031 356,031 147,962 208,069
93489 Cfwtr Pass Bridge lights 100,000 99,969 99,969 99,969 0 C
93490 Fuel System R&R 5,000 5,000 5,000 3,002 1,998
93491 Marina Network Upgrade 36,000 33,825 33,825 33,825 0 C
93492 Plar60 Maintenance 0 14,540 14,540 0 14,540
Sub Total 4,114,623 4,120,742 0 4,120,742 3,614,070 11,329 495,343
Libraries
93510 BookslMal'ls ColI-Maln/Easl 5,046,459 4,745,017 -1,053 4,743,964 4,623,641 120,323 0 C 18
, 93519 North Greenwood ParkIng 60,000 60,000 -2,507 57,493 57,493 0 C 19
93520 Carpet Replacement 130,000 13,263 13,263 13,263 0 C
93521 Books/Mat'ls ColJ..MalnJEast 0 301,442 1,053 302,495 44,205 143,936 114,354 20
93522 Self Checkout Systems 0 77,600 77,600 0 77,600
Sub Total 5.236,459 5,197,322 -2,507 5,194,815 4,738,602 264,259 191.954 .
G!:NERAL PUBUC BUILDINGS & EQUIPMENT
Garage
94210 TirelFuel Facilily 486,167 431,167 431,167 4,500 426,667
94220 Fuel Site Enhancement 187,968 207,856 207,856 200,388 7,466
94221 Molorized Equip -UP 9,153,000 7,744,831 7,744,831 7,643,700 101,131 0 C
94:'22 Motorized EquIp .cash 815,555 815,555 815,555 332,833 11 ,689 471,033
94223 GaragelBtdg&Malnl Tech Up 314,301 369,301 64,886 434,187 9,508 7,020 417 ,659 21
94226 Fleet Air Qualily lmprovrnl 59,819 59,819 59,819 59,619 0 C 22
94227 Motorized Equip - UP 0 1.424,944 1,424,944 172,289 742,070 510,585
Sub-Total 11,016,810 11.053,473 M,886 11,118,359 8.423,037 861,910 1,833,412
City Hall Annex
94417 Annex Prop Demolition 197,761 186,704 186,704 186,705 0 C
Sub-Total 197.761 186,704 0 186,704 186.705 0 0
Building Maintenance
94509 Roof Replacaments 1,077 ,325 873,400 873,400 873,400 0 C
94510 Air Cond Roplace-Clly Wide 600,353 408,413 408,413 314,142 8,480 85,791
94512 Roof RepaIrs 398,903 398,903 398,903 350,019 48,864
94513 Bldg & Malnt Facility 250,000 250,000 -64,886 185,114 185,114 0 C 23
94514 Roof Replacements 0 203,925 203,925 4,762 199,163
Sub-Total 2,326.581 2,134,641 -64,886 2,069.755 1.727,437 8,480 333,838
-33-
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CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
1lI1RD QUARTER: October 1.1995 to June 30, 1996
Actual Expenditures
Budget Amended Revised Project Open Available Amend
OeacripUon 10/1/96 PrevQtr Amdmta Budget To Ooto Encumbr Balance Status Ref
GENERAL PUBLIC BUILDINGS & EQUIPMENT (CONTINUED)
City Hall
94602 Mun SvcslP Safety & Pollee 21,131,022 20,701,322 241,000 20,942,322 17,621,798 2,752,330 568,194 24
94604 Field Engineering Building 272,000 285,557 285,557 285,557 0 C
94605 City Hall RenovaUons 0 742,700 -161,594 581,106 581,106 0 C 25
Sub-Total 21,403,022 21,729,579 79,406 21.808,985 18,488,461 2,752,330 568,194
Miscellaneous
94702 ADA Transition Plan 658,743 658,743 658,743 582,128 76,615
94705 Alpha Comp-Hr FIn/Payroll 195,000 195,000 195,000 185,047 9,953
94707 Oce UclCode Enfl Pennitting 328,500 328,500 328,500 262,324 53,073 13,103
94711 Sand Key Power Une 1,098,000 865,773 534,227 1,400,000 1,047,900 352,100 26
94712 Engineering Computer Upgr 84,010 84,010 -1,600 82,410 82,410 0 C 27
94713 AIrpark Masler Plan 562,195 547,885 547,885 508,120 32,331 7,434
94714 Downtown Redevelopment 1,024,335 1,092,455 1,092,455 307,924 784,531
94717 Harborvlew Center 11,404,510 11,590,801 11,590,801 11,422,418 124,131 44,252
94721 Kiosk Equipment 44,100 44,097 44,097 44,097 0 C
94722 PayrolVHuman Resource Sy 385,000 385,000 385,000 274,225 29,411 81,364
94725 Graphics CommunicaUon Sy 26,620 26,620 1,505 28,125 0 28,125 0 28
94727 Beach Redev Project Plan 100,000 100,000 100,000 4,260 95,740
94729 Ent Networ1<lWAN Connect 170,000 170,000 170,000 0 170,000
94730 UUlity System Upgrade 190,000 190,000 190,000 80,031 109,969
94733 Vital Records Microfilm 100,000 99,988 99,9B8 99,988 0 C
94734 Harborview Center F F & E 616,406 616,406 616,406 592,828 15,881 7,697
94736 GeographIc Infonnaton 143,750 200,000 200,000 13,388 186,612
94737 Infonn Svcs UPS System 45,000 45,000 45,000 0 45,000
94738 Telephone System Replac 1,303,240 1 ,358,812 1,358,812 1,007,669 15,477 335,666
94739 Pk & Rec Wavelan 36,000 8,9B2 B,982 8,982 0 C
94740 Enterprise Network-Phs I 1,024,650 1,024,650 1,024,650 1,020,149 4,501
94741 Auto TIme Recording Sys 125,000 125,000 125,000 0 125,000
94742 UUlity Bill Inserter B 1 ,000 0 0 0 0 C
94743 TV StudlolMun Svc 151,171 147,655 147,655 147,655 0 C
94745 Olstrlct Parking Plan 100,000 100,000 100,000 35,988 64,012
94746 Chamber of Commerce Pr 305,250 301,502 301,502 301,502 0 C
94748 Chicago PromoUon 155,000 154,775 154,775 154,775 0 C
94749 Enterprise Notwork.Phs II 742,000 742,000 75,021 817,021 112,937 212,903 491,181 29
94751 Color Copier & Digital 85,000 85,000 85,000 0 85,000
94753 Centralized Rcrdsllmg 175,000 186,224 32,000 218,224 0 218,224 30
94754 Comm Resp Team Vehicles 0 37,000 37,000 0 31,840 5,160
94756 Is Est Underground UUlilies 0 9,000 9,000 0 9,000 0
94757 Util BIlling Yr 2000 Compl 0 85,000 -11,730 73,270 0 73,270 31
94758 P&R Personal Compulers 0 140,000 -5,206 134,794 0 134,794 32
94761 Poll Slor Tk Remov-Gen Fd 0 0 80,384 80,384 0 80,384 33
94762 Economic Dev Studies 0 0 150,000 150,000 0 150,000 34
94763 Codo RevIew & Rewrito 0 0 200,000 200,000 0 200,000 35
94764 CIty Newsletter 0 0 130,000 130,000 0 130,000 36
21,459,480 21,745,878 1,184,601 22,930,479 18,296,745 552,172 4,081,563
UTlLmES
StomtWltor Utility
96102 Stevenson's Crt< Improv 5,606,497 5,617,6~2 5,617,692 3,363,393 2,097,601 136,698
96103 Stmwtr Quality lmprv/Prop 3,276,134 3,175,808 67,353 3,243,161 2,040,271 708,129 494,761 37
96104 Storm Drainage R & R 4,429,635 3,776,481 3,776,481 3,680,239 61,428 34,814 C
96105 Habitat Restor/lmprovemts 818,090 847,040 847,040 244,144 57,051 545,845
-34-
-......... ,~'.}\_'ILI;'''.;''''''''''-''''~
. .......1.. .. .~. . ".' . .".. ,
. 1::...... :.....:.....L.JII.:...:...:.:..~.. - .
r
"
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1,1995 to June 30, 1096
Actual Expendlturos
Budget Amended Revised Project Open Available Amend
DescriptIon 10:1/96 PrevQtr Amdmta BUdget To Dato Encumbr Balance Status Ref
UTlLmES (Continued)
Stonnwater Utility (continued)
96108 Pollutant StrTk Remv-GF 243,254 243,254 .80,384 162,870 155,737 7,133 0 C 38
96109 Downtown Lake 230,000 230,000 -7,000 223,000 144,203 51,408 27,389 39
96111 Groundwater Quality Pr 450,000 450,000 450,000 79,558 5,423 365,019
96113 Stor Tnk Remv-Flre Sla#6 100,000 100,000 -100,000 0 0 0 0 C 40
96115 Storg Tank Remv.Annex 553,000 553,000 553,000 63,104 47,533 442,363
96116 Storg Tank Remv-RJR WP 28,000 28,000 ~28,OOO 0 0 0 C 41
96117 Mechanical St Sweeper 130,000 130,000 130,000 0 130,000
96118 Stenn Drainage R & R 0 554,677 554,677 123,045 431,632
Sub-Total 15,864,610 15,705,951 -148,030 15,557,921 9.913,694 3,035,706 2,&08,521
Water System
96703 System R & R-eapilalized 4,658,839 3,800,508 3,800,508 3,709,795 90,713 0 C
96704 Line RelocaUon-Capitallz 4,868,495 3,018,900 3,018,900 2,303,420 242,068 473,412 C
96705 Mtr/Bckflow Prey Dev Chng 1 ,206,848 1,031,575 1,031,575 1,031,575 0 C
96706 System Expansion 1,794,034 1,535,264 1,535,264 1,535,264 0 C
96707 Main Construction-Bond 13,889,899 13,889,899 224 13,890,123 13,385,422 504,702 0 59
96721 System R & R-Malntenance 615,149 615,149 615,149 474,341 42,870 97,938
96722 LIne RelocaUon-Malnt 173,044 173,044 -18,018 155,026 155,026 0 C 60
96736 Telemetry Sys Rep! Phs 11 135,545 126,576 126,576 126,576 0 C
96737 Hydrogeological Study 276,879 276,490 276,490 276,490 0 C
96739 Reclaimed Water Dist 250,000 4,374,094 2,412,000 6,786,094 155,228 6,216,634 414,232 61
96740 Water Supplyrrreatment 1,190,700 1,191,089 1,191,089 88,821 259,329 842,939
96741 System R & R-Capllalized 0 867,300 867,300 424,058 186,584 256,658
96742 Line Relocation-Capilalized 0 1,849,595 17,794 1,867,389 37,405 473,414 1,356,570 62
96743 Mtr Bkflow Prey Dav/Chang 0 175,273 175,273 80,190 95,083
96744 System Expansion 0 258,nO 258,nO 88,563 170,207
Sub~Total 29,059,432 33,183,526 2.412,000 35.595,526 23,872.174 8,016,314 3,707,039
Sower Syawm
96630 Sanitary Sewer Ext 752,002 752,439 752,439 187,003 177,251 388,185
96631 WPC R&R 3,336,685 2,694,382 -14,061 2,680,321 2,591,273 89,048 0 C 53
96632 Sanitary Sewer R&R 10,313,859 6,481,166 -11,642 6,469,524 6,250,912 218,612 0 C 54
96833 S. Sanitary Sewr Intercep 1,429,100 1,429,199 1,429,199 1,429,199 0 C
96634 San Util Reloc Accomodation 2,140,983 2,166,440 2,166,440 314,416 318,782 1 ,533,242
96637 Marshall St Interceptor 3,698,660 3,698,223 3,698,223 3,698,223 0 C
96645 Laboratory Upgrade 356,749 356,749 356,749 173,149 4,675 178,925
96652 Morton Plant Pump StaUon 1,170,000 1.170,000 1,170,000 0 1 ,170,000
96653 WPC Computer Upgrade 133,700 132,736 132,736 132,540 196 0 C
96654 FaclliUes Upgrade & Improv 378,417 384,597 384,597 66,763 3,882 313,952
96655 WPC Pre-Treatment prog 139,058 139,058 139,058 101,865 11,457 25,736
96656 Laboratory Bulldiong 80,000 80,000 80,000 0 80,000 0
96657 Marshall StiNE Reuse 4,100,000 0 0 0 0 C
96658 Chlorine Hndlg/NE Awl 640,000 640,000 640,000 0 640,000
96659 Compactor 55,000 . 55,000 55,000 0 55,000
96660 Portable Pump 40,000 34,784 34,784 34,784 0 C
96661 East AWT Fee Sea Wall 420,000 420,000 420,000 0 420,000
96662 Digester CLNNMarshall 75,000 75,000 75,000 0 75,000
96663 Portable Lift Station 30,000 30,000 -3,850 26,150 0 25,397 753 55
96664 WPC R & R 0 642,302 14,061 656,363 59,709 21,935 574,719 56
96665 Sanitary Sewer R&R 0 3,851,701 11 ,642 3,863.343 12,974 3,850,369 57
96670 Poll Stor Tk Remov-WPC 0 0 28,000 28,000 28,000 58
29,289,213 25,233,776 24,150 25,257,926 15,052,810 951,235 9,253,881
-35-
~.'L!.~.'t1,,\.~~1.~1Iion.~,' .,,~.V''''''_.
,~,u.._ "......~l~.!i. ~..p.~ ".....~~... ._..l.I\..'L'~""U""I'
. .._,____.___....:_~- .~. ~. ._...... .~........_,.-...f.. .
"
CAPITAL IMPROVEMENT PROGRAM
PROGRAM & STATUS SUMMARY
THIRD QUARTER: October 1,1995 to June 30,1996
Actual Expondltures
Budget Amondod Rovlsod ProJoct Opon Available Amond
DOlcriptJon 10/1/96 PrevQtr Amdmts Budget To Date Encumbr Balance Status Ref
UTILITIES (Continued)
Gas System
96301 Pin New Gas MaIns & Svc 5,347,271 5,522,979 12,767 5,535,746 5,535,746 0 C 42
96302 Pine lias Gas Sy! Improveme 636,079 592,912 1,312 594,224 594,224 0 C 43
96303 Pin Gas Line ReI/Public Wor 475,477 419,775 288 420,064 420,064 0 C 44
96304 Pin New Gas Market Develo 53,451 53.451 53,451 53,451 0 C
96305 Pin Gas Bldg & Equip Improv 869,217 851,873 .13,615 838,257 838,257 0 0 C 45
96320 Pasco Exp/New Mains & Sve 5,410,000 5,466,000 -200,000 5,266,000 4,603,297 521,176 141,527 46
96322 Pasco Land, Bldg & Equip 510,000 510,000 -97,100 412,900 377,534 6,510 28,856 47
96354 Gas Mal1teling Plan 87,600 20,631 20,631 20,631 0 C
96358 Environmental RemedIation 407,335 437,335 437,335 271,308 122,624 43,403
96363 Gas lnv Control/Fin Report S 73,142 98,142 98,142 39,469 8,065 50,608
96364 System R&R-Capltallzed 438,362 438,362 438,362 0 200,000 238,362
96365 Line Relocallon.Maint 166,089 166,089 166,089 0 166,089
96366 System R&R-Malntenance 239,687 239,6B7 239,6B7 1B6,761 52,926
96367 Gas Meter Change Out 35,000 35,000 35,000 0 35,000
96369 Pasco Expansion 6,111,735 6,111,735 6,111,735 0 6,111,735
96370 Pin Ph 11 New Gas Mains 4,774,400 945,215 778,714 1 ,723,929 613,110 353,061 757,75B 48
96371 Pin Ph II Gas Line Reloc 1 ,303,304 1,430,541 -629,564 600,977 445,057 177,993 177,927 49
96372 Pin Ph II Sys Improvement 360,000 198,3B5 147,950 346,335 15,532 39.400 291,403 50
96373 Pin Ph II Gas Bldg & Equip 80,000 80,000 80,000 3,330 48,477 28,193
96374 LIne Relocatlon-Capilal 425,960 492,929 492,929 0 492,929
96375 PJnellas expansion 0 3,944,400 3,944,400 0 3,944,400
Sub.Total 27,804~109 28,055,441 752 20,056,193 14,017,771 1,477,306 12,561,116
Solid Waste
96424 MIni Transfer Station 412,279 412,279 412,279 76,018 19,940 314,321
96426 ,Facility R & R 642,152 596,752 596,752 425,586 15,492 155,674
96427 Residentral Container Acq 1,648,996 1,648,996 1,648,996 1,386,272 262,724
96429 Commercial Container Acq 1,913,308 1,958,708 1,958,708 1,652,828 160,291 145,589 .
96436 Solid Waste Complex 1,B02,794 1,802,794 -89,807 1,712,987 1,712,987 0 C 51
96438 RoU.Qff Cant Haullng 315,000 315,000 315,000 81,500 233,500
96439 Container Screening Pro 100,000 100,000 100,000 0 100,000
96440 Improvements to SW Compl 0 0 87.497 87,497 0 87,497 52
6,834,529 6,834,529 .2,310 6,832,219 5,337,191 195,723 1,299,305
Utility Miscellaneous
96515 Reproduction Mach Replace 31,000 23,066 23,066 23,066 0 C
96516 CllyWideAerial Photo 33,000 122,447 122,447 74,496 41,489 6,462
96518 ChestnutIBrown Demo 126.411 122,935 122,935 122,935 0 C
96519 Utility Rate Study 97,526 97,526 97,526 59,973 37,553 0
96520 Is Estates Reclaimed wtr 395,700 395,700 395,700 243,336 152,434 ~70
Sub-Total 683,637 761,674 0 761,674 523,006 231,476 6,392
Recycling
96801 Recycling VehIcles 332,640 332,640 332,640 181,200 151,440
96802 Recycl eldg/Process Ramp 175,000 175,000 175,000 149,685 25,315
96804 Recycling Carts/Dumpsters 446,125 434,725 434,725 171,489 263,236
96805 Recycling Grant 586,449 591,689 591,689 209,958 34,447 347,284
96006 Recycling Equip Replsc 222,000 222,000 222,000 0 222,000
Sub-Total 1,762,214 1,156,054 0 1,756,054 712,332 34,447 1~OO9,275
TOTAL ALL PROJECTS 227,059,932 226,038,922 4,433,970 230,472,891 155,894,916 25,518,261 49,059,716
-36-
r Iii Y
~
C,\W1NOOWS\1T.MI"/IM.Qf'no' bud"t. urd.l"" Ihru 1~'I.Q1..IIIBp ,,"-:lfd Q\1' AIn..,Jmmt,Qf
SPECIAL PROGRAM FUND
Third Quarter Amendments
FY 1996/97
Increasel
Amendment Project (Decrease) Transfer Not Budget
Number Number Amount Amount Description Amendmont
1 181-n9135 30,000.00 Downtown Survey - to record a budget 30,000.00
increase for State grant funding of
$15,000 plus Cit.y matching of $15,000 in
General Fund revenues
2 181-99136 7,000.00 Sustainable Challenge Grant - to 7,000.00
record a budget increase for City
matching funds from Stormwater Utilit.y
Fund revenues
3 181-99378 2,400.00 Local Law Enforcement Block - to 2,400.00
record a budget increase for City
matching funds from General Fund
revenues
4 181-99382 93,130.00 HUD Drug EliminlHomer - to record a 93,130.00
budget increase for Cit.y matching funds
from General Fund revenues
5 181-99432 8,013.00 Housing Rehabilitation - 1997 - 8,013.00
reprogram of unexpended 1996 program
balance from 181-99492
6 181-99433 2.00 Infill Housing - 1997 - reprogram of 2.00
unexpended 1996 program balance from
181-99493
7 181-99434 (29,720.00) Public Facilities - 1997 - return portion (29,720.00)
of 2nd quarter reprogrammed 1996
balance back to 181-99494 to Cund
additional expenditures.
8 181-99438 (100,000.00) Homeless Emergency - 1997 - (100,000.00)
consolidate Rental Housing programs
99438 and 99441 as program 181-99441,
Rental Housing. 1997
9 181-99441 100,000.00 Rental Housing - 1997 - consolidate 100,000.00
Rental Housing programs 99438 and
99441 as program 181-99441, Rental
Housing - 1997
10 181-99492 (8,013.00) Housing Rehabilitation -1996- (8,013.00)
reprogram of unexpended 1996 program
balance t.o 181-99432
11 181-99493 (2.00) Infill Housing - 1996 - reprogram of (2.00)
unexpended 1996 program balance to 181-
99433
12 181-99494 29,720.00 Public Facilities - 1996 . return port.ion 29,720.00
of 2nd quarter reprogrammed 1996
balance back from 181-99434 to fund
additional expendit.uros.
Proporod by Finonco
-37-
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h ..."'-_ 1. ~..~..
.&
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T
.... -
~
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C,\W1NOOWII\TEMI"llftl.g, rot budln. updAloJ thn. 7~'I.g7.ll1l1Ilp!'roc 3rd Qtr Amondln..,lI~7
SPECIAL PROGRAM FUND
Third Quarter Amondments
FY 1996/97
Increase!
Amendment Project. (Decrease) Transfer Net Budget
Number Number Amount Amount Descript.ion Amendment
13 181-99557 40,000.00 Code Enforc. - N. Greenwood -1996- 40,000.00
to record a budget increase from General
Fund revenues
14 181-99564 31,250.00 Youth VIP Program . ,reflects 31,250.00
,establishment of program recognizing
grant revenues frpni the Juvenile Welfare
Board to encoUrage inte'racUon of youth
in community services
. . .. ..
15 181-99903 223.00 FROG Reissue Program. t.o record a 223.00
budget increase in Sales ($209) nnd
Donations ($14) to match budgeted
revenues with actual revenues
16 181-99908 3,165.00 Police - Outside Duty. t.o record a 3,165.00
budget increase in Cont.ractual.Service
Fees to match budgeted revenues with
actual revenues received
17 181-99909 7,872.00 7,872.00
CRA Downtown Beautification - to
record a budget increase from Community
Redevelopment Agency revenues
18 181-99910 23,069.00 Library Special Account - to record a 23,069.00
budget increase in Donations t.o match
budgeted revenues with actual revenues
received
19 181-99916 500,000.00 500,000.00
Employee Retirement Fund - to record
a budget increase from General Fund
revenues to fund employee retirements
20 181-99917 109,500.00 Ervin's Youth Group - to record R 109,500,00
budget increase from General Fund
revenues to fund the third year of a three
year contract providing funding to Ervin's
Youth organization
, 21 ' 181-99924 100,000.00 City Hall Technology - to record a 100,000.00
budget increase in Donations from Time
Warner for City Hall Technology
22 181-99925 60,000.00 50,000.00
Peg Access Support - to record a budget
increase in Donations to match budgeted
rovenues with actual revonues received
Prepared by Finnnco
-38-
----....
Propnred by Finance
.........-..... ..~<. '....I~..h.........~;.....,..._.. .". ...."....rn.. .r' ,., ,-'.
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,
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-39-
i,,"~"~'..~:)~"':t:" ..,~'" ;\ :~.c''':.: ". {/_.~f'~:,t>':~"':""':"c"'t....~~'I;'-Jl""'~"", ..._'... ,~,c.. ,.....
Amendment
Number
33
34
"i '
','
. , "
"
., ,
."
, ~ .}.
I,
. >'.
. "
.,
Proparod by Fhinnco
Project
Number
181-99945
181-99962
Increase/
(Decrease)
Amount
40,000.00
10J519.00
p
"
.
','~' ,..,. ,'";t ~. t:: . J',
Q,\W1NDOWB\TItMl"[I81.V1 r.. \>Ildrl\. upd.W u.ru 1~1.V1...IIISp l'roc!lnl Q\I' ~loV1
SPECIAL PROGRAM FUND
Third Quartor Amendment.s
FY 1996/97
Transfer
Amount
Description
MPA Internship Program - to record a
budget increase of General Fund
revenues to establish a project to fund an
Masters in Public Administrat.ion
program.
Parks & Rec Gift Giving Program - to
record a budget increase in Donations
($10,496) and Sales ($23) to match
budgeted revenues with actual revenues
received
1,704,604.00
TOTAL AMENDMENTS
-40-
_L
. Not Budget
Amendment
40,000.00
10)519.00
$ 1,794,504.00
CITY OF CLEARWATER
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1,1996 to July 31,1991
Actual Expenditures
Budget Amended Revised Project Open Avallablo Amond
DoscrfpUon 1011/96 Prov Qtr Amondmont Budget To Date Encumbr Blllance Status Ref
FIRE PROGRAMS
99933 Safety Villago BUlldlng 0 35,000 -35,000 0 0 25
99934 Speclal Team Equipment 0 9,600 .2,200 7,400 0 7,400 26
99935 Camera 0 15,560 0 15,560 0 15,560
99936 Digital Books 0 3,050 .3,050 0 0 27
99937 Water Rescue Board 0 2,000 0 2,000 0 2,000
65,210 -40.250 24,960 24,960
PLANNING PROGRAMS
99128 Countywide Con~lstency Grant 52,500 43,050 43,050 30,569 500 11,981
99129 Sign Amortization Program 305,834 289,964 289,964 290,035 (11)
99130 MappIng Services. PPC 3,000 3,000 3,000 934 2,066
99133 Concurrency Review Funds 317,720 0 0 0
99134 EvaVAppralsal Asst Grant 14,069 14,069 14,069 0 14,069
99135 Downtown Survey 0 0 30,000 30,000 0 30,000 1
99136 Sustainable Challenge Grant 0 0 7,000 7,000 0 7,000 2
693,123 350,083 37,000 387,083 321,638 500 65,045
PUBUC SAFETY PROGRAMS
99317 Police Education Fund 594,477 616,349 616,349 556,947 59,402
99320 Victim Asslstanco Program 197 197 197 41 156
99325 Citizen's Police Academy 18,500 18,500 18,500 15,083 3,417
99329 Investigative Recovery Costs 118,994 135,922 135,922 115,786 12,804 7,332
99330 FL Contraband Forfeiture Fnd 185,739 211,988 211,988 196,878 5,490 9,620
99331 Law Enforcement Trust Fd '91 1,197,235 1,490,741 1,490,741 1,025,367 2,115 463,259
99332 Officer Friendly Program 51,656 59,346 59,346 44,574 14,772
99333 Bicycle Jamboree 5,446 6,196 6,196 5,266 930
99356 Greenwood/Gardens Youth prog 68,542 112,542 112,542 47,263 65,279
99361 Pub Hsg Drug ElimInation 227,290 227,290 227,290 215,690 11,600
99363 DUI EquIpment Fund 4,500 6,000 6,000 5,968 26 6
99364 Crime Prevention Program 630 630 630 556 74
99366 S Greenwood Nelghborhd Palri 250,035 250,035 250,035 219,978 30,057
99367 COPS-Phase 1-Yr 1 576,555 576,555 576,555 488,135 88,420
99368 VehIcle Theft Prevention 34,669 34,669 34,669 30,371 4,298
99369 Condon Family Inv Ctr 15,170 15,170 15,170 15,170 29 (29)
99370 N Greenwood NP Kids 3.803 3,803 3,803 3,575 228
99371 Community Action Team 2,281 2,281 2,281 2,281 638 (638)
99372 Inlergeneratlonal Grant 15,000 15,858 15,858 14,015 1,843
99373 Yr 2 S Greenwood Neighborhood 226,175 252,881 252,881 232,802 20,079
99374 Urban PartnershIp Grant 66,670 66,670 66,670 59.467 7,203
99375 COPS Universal Grant 474,592 533,505 533,505 215,371 318,134
99376 Geographic Info System 219,418 326,667 326,667 141,657 38,024 146,986
993n Weed & Seed 35.000 35,000 35,000 35,000
99378 Local Law Enforcement Block 25,000 305,544 2,400 307,944 118,336 56,286 133,322 3
99379 FI Motor Veh Theft Pre 0 29,554 29,554 14,369 1,826 13,359
99380 Clwr DUI Enforcement 0 216,417 216,417 156,258 4,823 55,336
99381 Clwf Ped Safety & Enforcement 0 94,455 94,455 70,523 4,102 19,830
99382 HUD Drug EllmlnIHomer 0 231,194 93,130 324,324 114,181 9,579 200,564
99383 Weed & Seed '97 0 90,000 90,000 29,157 21,402 39,441
99384 Weed & Seed Enforcement '97 0 50,000 50,000 18,452 11,000 20,548
99385 Weed & Seed PrenataVChlld 0 25,000 25,000 0 25,000
99387 Fed Forfeiture Sharing 0 0
99489 Americops. Project Nucops 64,029 89,029 89,029 57,211 31,818
99938 Homeless Shelter 0 55,000 55,000 55,000
Sub-Total 4,<481,603 6,184.988 95,530 6,280,518 4,320,728 168,14-4 1.791,646
COMMUNITY DEVELOPMENT
99430 Code Enforcement '97 175,000 219,060 219,060 136,163 82,897
99431 Economic Development 117,091 176,841 176,841 165,470 11,371
99432 Housing Rehabllltatlon 0 471,417 8,013 479,430 59,226 420,204 5
-41-
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CITY OF CLEARWATER
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1,1996 to July 31, 1997
Actual Expenditures
Budget Amended Revised Project Open Available Amend
Description 10'1'96 PrevQlr Amendment Budget To Date Encumbr Balance Status Ref
99433 l"fill Housing '97 0 377 ,054 2 377 ,056 323,806 53,250 6
99434 Public Facilities '97 246,259 246,259 -29,720 216,539 8,868 207,671 7
99435 Public Services '97 154,350 175,037 175,037 112,246 62,791
99436 Program Admlnlstratlon '97 211,000 211,000 211,000 125,357 85,643
99437 Community Services Fd '97 6,300 6,300 6,300 4,725 1,575
99438 Homeless Emergency '97 145,000 100,000 .100,000 0 0 8
99439 Property Demol1t1on '97 0 14,762 14,762 0
99441 Rental HousIng '97 0 45,000 100,000 145,000 69,500 75,500 9
99464 Public Fac & Improv '93 10,000 10,000 10,000 10,000
99466 Infill Housing Developmt'93 146,394 146,394 146,394 146,394
99471 Public Fae & Improv '94 45,801 49,235 49,235 49,235
99475 Property Acqulsltlon '94 27,808 27,80B 27,808 27,808
99478 Property Demolltlon '94 15,682 11,804 11,804 11 ,804
99481 Public Services '95 -tfr to 99435 164,158 159,955 0 159,955 162,869 (2,914)
99482 Public Facilities '95 298,584 294,304 294,304 294,304
99483 Housing Rehabllitatlon '95 49,576 49,576 49,576 49,576
99484 Temp HousIng Relocation '95 1,810 1,810 1,810 1,810
99485 Subreclplantlnfill Hslng'95 505,527 505,527 505,527 505,527
99486 Special Economic Dev '95 119,914 122,414 122,414 122,414
99487 . Program AdmInistration '95 163,114 163,114 163,114 163,114
99488 Code Enforcement '95 176,069 176,069 176,069 168,166 7,903
99490 Code Enforcement '00 175,000 130,940 130,940 130,940
99491 Economic Development '00 296,186 233,936 233,936 233,936
99492 Housing RehabIHtatlon '96 512,881 110,111 -8,013 102,098 102,098 10
99493 Infill HousIng '96 460,534 290,718 -2 290,716 290,716 11
99494 Public Facilities '96 271,500 275,7BO 29,720 305,500 305,500 12
99495 Public Services '96 150,673 134,189 134,189 134,189
99496 Program Administration 217,000 275,072 275,072 275,072 0
99497 Property Demolition 14,318 0 0 0
99498 Temp Housing Relocatlon 8,190 8,524 8,524 8,524
Sub-Total 4,885,719 5,220,010 0 5,220,010 4,199,357 0 1,005,891
SOCIAL SERVICES
99538 Affordable Housing Imp Fees 268,216 274,436 274,436 132,235 142,201
99555 EEOC Charge Resolution '95 73,950 73,950 73,950 37,105 36,845
99557 Code Enrorcemenl.N Gmwd '96 58,000 58,000 40,000 98,000 59,923 3,618 34,459 13
99558 North County Discrimination '96 100,000 100,000 100,000 100,000
99559 EEOC Charge Resolution 0 55,000 55,000 54,538 462
99560 HUD Fair Housing Assl! 0 55,000 55,000 39,800 15,200
99561 HUO Compulers 0 5,000 5,000 4,064 936
99562 HUD Special Ed Grant 0 10,000 10,000 0 10,000
99563 N County Discrimination '97 0 105,000 105,000 0 105,000
99564 Youlh VIP Program 31,250 31,250 105 31,145 14
99598 Challenge Loan Guarantee Fd 60,494 60,494 60,494 0 60,494
99599 lnfill Housing Developmt pgrn 408,429 408,429 408,429 209,136 199,293
Sub-Total 969,089 1,205,309 71,250 1,276,559 636,908 3,618 636,035
MARINE
99701 Clearwater Beach Nourishment 2,500 2,500 2,500 300 2,200
99704 Sembler MItigation Project 349,424 368,288 368,288 0 368,288
99705 Clean Vessel Grant 57,388 57,388 57,388 35,544 21,844
Sub-Total 409,312 428,176 0 428,176 35,844 0 392,332
MISCELLANEOUS PROGRAMS
99903 FROG ReIssue Program 8,812 8,980 223 9,203 3,946 5,257 15
99906 VIsion Cable Consultation 89,000 80,871 80,871 80,871
99908 Police. Oulslde Duty 33,766 44,626 3,165 47,791 46,339 1,452 16
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CITY OF CLEARWATER,
SPECIAL PROGRAM STATUS SUMMARY
THIRD QUARTER REVIEW: October 1,1996 to July 31t 1991
Actual Expenditures
Budgot Amonded Revised Project Opon Available Amend
Description 1011196 Prov Qlr Amendment BUdget To Date Encumbr Balanco Status Ref
99909 CRA Downtown Beautification 28,949 30,979 7,872 38,851 38,851 17
99910 LIbrary Special Account 150,943 159,548 23,069 182,617 170,475 3,092 9,050 18
99911 LIbrary Training Grant-Spano 7,500 7,500 7,500 7,500
99912 Community Survey 20,895 19,950 19,950 19,950
99914 Cloarwater Pass Bridge Forry 47,285 47,265 47,285 47,285
99915 Employee Retirement Fund 1,500,000 2,000,000 500,000 2,500,000 1,386,916 1,113,084 19
99916 Reenglneering TraIning 80,000 80,000 80,000 65,754 14,246
99917 Ervin's Youth Group 215,080 215,080 109,500 324,580 216,989 107,591 20
99918 N Ft Harrison Beautification 4,481 4,029 4,029 920 3,109
99919 Waste Tire Grant 72,390 96,326 96,326 93,097 0 3,229
99921 Urban & Comm Forestry Grant 18,400 33,400 33,400 19,150 14,250
99922 Adopt~.Pa~ 2,170 2,170 2,170 1,910 260
99923 Intemshlp Program 20,000 20,000 20,000 13,852 6,148
99924 City Hall Tecllnology 0 117,000 100,000 217,000 1,848 22,139 193,013 21
99925 Peg Access Support 0 50,000 50,000 100,000 50,000 50,000 22
99926 Street Banner Program 0 20,000 20,000 15,244 4,756
99927 Drew SUUS 19 0 380,850 (133,735) 247,115 247,115 23
99928 Nagano SIster City Program 34,329 34,329 34,329 29,009 5,320
99929 Nagano OlympIcs 0 31,886 100 31,9B6 31,935 0 51 24
99930 Saturday In the City 0 5,000 5,000 5,250 (250)
99931 Folk Art Festival 0 10,000 10,000 500 9,500
99932 Wrlte-off old Receivables 0 5,000 5,000 0 5,000
99939 Brownfield 0 0 100,000 100,000 5,000 5,000 90,000
99940 North Greenwood Improvements 0 0 10,000 10,000 0 0 10,000 29
99941 MoccasIn Lake Nature Pa~ 60,517 64,396 5,261 69,657 56,084 2,380 11,193 30
99942 Nagano Olympics - Stato Grant 0 0 750,000 750,000 29,894 0 720,106 31
99944 Visitors Guide 0 0 55,000 55,000 0 55,000 32
99945 ,MPA Intemshlp Program 0 0 40,000 40,000 0 40,000 33
99950 lOB Fees 54,131 54,131 54,131 26,830 27,301
99962 Pa~s & Ree Gift Giving pgm 288,962 320,730 10,519 331,249 301,499 29,750 34
99970 Tree Replacement Project 128,691 138,058 138,058 40,715 97,343
99987 Countryside Recycling 1,807 1,807 1,807 0 1,807
99989 Media Radios 10,107 10,107 10,107 1,842 8,265
99993 Sailing Center Donations 18,090 20,690 20,690 20,159 531
99995 Water Conservation DevIces 100,000 100,000 100,000 61,307 38,693
99998 Safety Village 19,068 19,16B 19, t 66 11,523 7,645
0 3,015,373 ",233,896 1,630,97" 5,8604,870 3,140,559 32,611 2,682,700
TOTAL ALL PROJECTS 1",4504.219 17,822,"62 1,794,504 19.457,216 12,663,932 204,873 6,573,648
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SPECIAL REVENUE FUNDS
Tltird Quarter Amendments
FV J 996-97
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SHIP Fund
Revenues
. ExpeudJtUres.
Increase $572,384
Increase $572,384
The budget increase reflects the establishment of a separate fund
to monitor the annual SHIP fund receipts.
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SPECIAL REVENUE FUNDS
ThIrd Quarter: October 1, 1996 ~ June 30,1997
First Quarter Mid Year Third Quarter
Orlglnal Amended Amended Amended
Budget Budget Budget Budget
1996/97 1996/97 1996/97 1996/97 Amendments
SPECIAL DEVELOPMENT FUND
Revenues:
Ad Valorem Taxes 1,594,430 1,594,430 1,594,430 1,594,430
Infrastructure Tax 5,156,600 5,156,600 5,156,600 5,156,600
Rental Fees 80,000 80,000 80,000 20,000 -60,000
Development Impact Fees 35,000 65,000 150,000 175,000 25,000
Interest EarnIngs 246.650 246,650 246,650 246,650
Open Space Fees 100,000 100,000 100,000 60,000 -40,000
Recreation Facility Fees 80,000 80,000 80,000 15,000 w65,OOO
Recreation land Fees 15,000 15,000 15,000 70,000 55,000
Transportation Impact 300,000 300,000 300,000 250,000 -50,000
local Option Gas Tax 875,000 875,000 875,000 900,000 25,000
8,482,680 8,512,680 8,402,680 8,487,680 -110,000
Expenditures:
Transfer to CapItal
Improvement Fund 7,695,280 7,892,012 . 7,449,659 8,199,659 750,000
Transfer to Other Funds 86,291 86,291 66,291
Debt Service Payments 153,310 153,310 153,310 153,310
8,048,590 8.131,613 7,689,260 8,439,260 750,000
SPECIAL PROGRAM FUND
Revenues:
Intergovernmental:
CDSG Grant 1,055,000 1,055,000 1,389,291 1,389,291
Community Redvlpmt Agency 1,866 9,758 7,872
Interest Earnings 100,000 119,008 140,039 140,039
Miscellaneous 3,000 3,000 3,005 3,005
Fines & Forfeits 66,652 475,243 475,243
Grant Proceeds 860,226 1,241,690 2,105,240 863,550
General Fund 405,906 1,149,998 1,880,743 730,745
Donations 199,025 227,584 415,347 187.763
Sales 1788 3,357 4,766 1,409
Contractual Services 4,323 10,860 10,860
Rental Fees 6,220 6,220 9,385 3,165
Property OWners -317,720 -317,720 -317,720
Prior Yr Retained Earnings 60,000 60.000
1,158,000 2,405,428 4,391,453 6,185,957 1,794,504
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Expendlturos:
Planning Programs -343,040 -343,040 +306,040 37,000
Public Safety Programs 908,284 1,648,385 1,743,915 95,530
Fire Protection 0 0 75,160 34,910 -40,250
Community Develop Prog 1,055,000 1,055,000 1,389,291 1,389.291
Social Services 6,220 236,220 307,470 71,250
Marine 18,864 18,864 18,864
Miscellaneous 3,000 660,100 1,266,573 2,897,547 1,630,974
1,058,000 2,305,428 4,291,453 6,085,957 1,794,504
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City of Clearwater, Florida
ADMINISTRATIVE CHANGE ORDER
Third Quarter Review
FY 1996/97
In accordance wilh City of Clearwater Code Section 2.564,(2), the City Manager may approve and execute change
orders without City Commission approval within certain limitations.
The following change order have been administratively approved since the last report to the Commission based on the
code specified criteria:
06/11/97
06/18/97
06/24197
06/30/97
07/30/97
08/19/97
08/21/97
1. Increases do not exceed $25,000 over Conunission approved amount on a cumulative basis.
2. Change does not change the scope of a project.
3. Price increases do not require additional appropriation to the project,.
4. Contract price decreases may be approved without limitation.
5. The time for completion may not be extended by more than thirty (30) days, in anyone change or
cumulatively for the same project.
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Administrative Change Order No. 1 - Bay Park on Sand Key (97~1). This
change order increases the contract to adjust the contract quantities to those
amounts necessary to complete the contract.
T.A. Cummings Construction Corporation
$ 1,552.36
Administrative Change Order No. 1 - Marshall Street WlITP Odor Control and
Piping Modifications (96-20). This change order decreases the contract to adjust
the contract quantities to those amounts actually used to complete the work.
Westra Construction Corporation
- $ 10,561.00
Administrative Change Order No.4 - Water Main Replacement Con/ract Phase
13 & 14 and Momingside and Momingside Underdrain Replacement (Purchase
Order #9973). TIUs change order increases the contract to adjust the contract
quantities to those amounts necessary to complete the contract.
All American Concrete, Inc.
$ 4,414.50
Administrative Change Order No.1 - 1997 Underdrain Con/ract (96-23). This
change order increases the contract to adjust for those amounlS actually used to
complete the work.
AU American Concrete, Inc.
$ 9,475.00
Administrative Change Order No. 5 - McMullen Tennis Complex Locker
Renovations (97-12). This change order increases the contract to provide and
install additional accessories for the bathrooms and to also provide, install,
prime and paint trim moldings under window areas to conceal transition.
Darcon, Inc.
$1,596.00
Administrative Change Order No. 2 and Final - Marshall Street WWIP Odor
Con/rol and Piping Modifications (96.20). This change order increases the
contract to adjust for those amounts actually used to complete the work.
Westra Construction Corporation
$ 5,584.00
Administrative Change Order No. 1 and Final - Btach Elevated Tank Removal
(97-13). This change order decreases the contract to adjust for removing the
foundation footers at three foot rather than the specified six foot.
Khnmlns Contracting CorporatJon
. $ 1,800.00
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CITY OF CLEARWATER
SUMMARY OF CLAIMS SETTLED
Third Quarter Review
1996/97
Sums PaId to Claimants in Settlement or Claims in Excess or52,OOO
Date of Date Claimant Amount Details
Incident Settled
11/10/95 06/30/97 Charles DeBilio 510,000.00 Police cruiser struck n vehicle.
09/26/96 06/30/97 Elizabeth Spencer $13,178.00 City vehicle rear-ended a citizen's vehicle.
12/30/94 06/30/97 Helen Golden $3,000.00 Citizen fell on City sidewalk.
0611 0/93 08/29/97 Edward Wise $6,750.00 Police cruiser struck a citizen's vehicle.
06/1 0/93 08/29/97 . Cynthia Lee 55,429.00 This vehicle was involved in the same accident as
Mr. Wise (above).
06/10/93 08/29/97 AutoOwners 52,883.65 This was paid in settlement of AutoOwners'
subrogation claim for Ms. Lee's vehicle.
04124/95 08/29/97 Hilda Samaritano 57,500.00 Citizen fell on meter lid within sidewalk.
09/09/95 08/29/97 Regina Evans 520,000.00 Damages claimant sustained while a passenger in a
,. vehicle struck by n Solid Waste vehicle.
TOTAL PAID $68,740.65
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ORDINANCE NO. 6183.97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE OPERATING BUDGET FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1997 TO
REFLECT INCREASES AND DECREASES IN REVENUES
AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
WATER AND SEWER FUND, GAS FUND, SOLID WASTE
FUND, RECYCLING FUND, HARBORVIEW CENTER FUND,
AND ADMINISTRATIVE SERVICES FUND, AS PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 1997, for
opemting purposes, including debt service, was adopted by Ordinance No. 6087-96; and
WHEREAS, at the Third Quarter Review it was found that an increase in
expenditures of $626,942 is necessary in the General Fund; an increase of $750,000 is necessary
in the Special Development Fund; an increase of$1,794,504 is necessary"in the Special Program
Fund; an increase of $1,326,600 is necessary in the Water & Sewer Fund; an increase of $24,510
in the Harborview Center Fund; and an increase of $39,670 in the Administrative Services Fund;
and that sufficient revenues are available to cover these additional expenses; and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City
Commission to provide for the expenditure of money for proper purposes not contained in the
budget as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 6087-96 is amended to read:
Pursuant to the Amended City Manager's Annual Report and
Estimate for the fiscal year beginning October 1, 1996 and ending
September 30, 1997 a copy of which is on file with the City Clerk,
the City Commission hereby adopts an amended budget for the
opemtion of the City, a copy of which is attached hereto as Exhibit
A.
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Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
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Rita Garvey, Mayor~Commissioner
Approved as to form and legal sufficiency:
Pamela K. Akin, City Attorney
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EXHIBIT A
1996.97 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
1996/97 1996/97 1996/97 1996/97 Amendment
General Fund:
Property Taxes 19,824.890 19,824,890 19,824,090 20,052,920 228,030
Sales Tax 4,532,590 4,532,590 4,475,000 4,475,000
Franchise Fees 7,451,180 7,451,180 7,527,950 7,457,792 -70,158
Utlllty Taxes 13,982,880 13,982,880 13,982,660 13,982,880
Licenses & Pennlts 2,432,000 2,432,000 2,528,000 2,528,000
Fines, Forfeitures or
Penalties 1,434,000 1,434,000 1,211,500 1,166.500 -45,000
Intergovernmental Revenue 7,367,700 7,538,630 7,665,170 7,665,170
Charges for Services 1,510,240 1,513.240 1,458,445 1.458,445
Use and Sale of City Property
and Money 1,611,800 1,811,800 1,422,170 1,422,170
Miscellaneous Revenues 106.680 106,680 90,280 104,350 14,070
Interfund ChargesfTransfers 9,778,230 9,833,230 9,873,230 9,873,230
Transfer from Surplus 500,000 799,894 1,716,335 2,216,335 500,000
Total, General Fund 70,732.190 71,261.014 71,775.850 72,402,792 626,942
Special Revenue Funds:
Special Development Fund 8,482,680 8,512.680 8,597,680 8,487,680 -110,000
Special Program Fund 1.158,000 2.405.428 4,391,453 6,185,957 1,794.504
SHIP Fund 0 0 0 572,384 572,384
UUllty & Other Enterprlso Funds:
Water & Sewer Fund 38,791,040 38,875,670 38,915,670 40,242,270 1,326,600
Gas Fund 19,975,550 19.975,550 19,982,260 19,733,090 -249,170
Solid Waste Fund 13,654,720 13,493,720 13,213,720 12,914,720 -299,000
Stonnwater Utlllty Fund 4,171,840 3,643,210 3,664,000 3,664,000
RecyclIng Fund 2,380,260 2,385,500 2,276,330 2,241,330 -35,000
Marine Fund 1,954,500 1,967,460 2,128,580 2,128,580
Parking Fund 2,582,060 2,582,060 2,586,820 2,586,820
Harborview Center Fund 1,863,440 2,049,731 1,671,545 1,696,055 24,510
Internal SelVlce Funds:
Administrative ServIces Fund 6,036,330 6,127,700 5,913,630 5,953,300 39,670
General Services Fund 2,340,340 2,365,340 2,411,010 2,411,010
Garage Fund 7,940,960 7,957,735 7,957,735 7,957,735
Central Insurance Fund 8,792,980 8,792,980 8,720,110 8,720,110
Total, All Funds 190,856,890 192,395.778 194,206,393 197,897,833 3,691,440
Ordinance #6183-97
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ORDINANCE NO. 6184-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CAPITAL IMPROVEMENT PROGRAM REPORT
AND BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1997, TO REFLECT AN INCREASE IN BUDGET EXPENDITURES
TO EXPAND THE SCOPE OF PROJECTS IN THE FUNCTIONAL
CATEGORIES OF POLICE PROTECTION, FIRE PROTECTION,
NEW STREET CONSTRUCTION,BEAUTIFICATION, GARAGE,
CITY HALL, 'MISCELLANEOUS, WATER SYSTEM, SEWER
SYSTEM AND GAS SYSTEM, AND TO REfLECT A DECREASE IN
BUDGET EXPENDITURES TO REDUCE THE SCOPE OF
PROJECTS IN THE FUNCTIONAL CATEGORIES OF MAJOR
STREET MAINTENANCE, LIBRARIES, BUILDING
MAINTENANCE, STORMWATER UTILITY, AND SOLID WASTE,
FOR A NET INCREASE OF $4,433,970; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program Report Wld Budget for the fiscal
year ending September 30, 1997 was adopted by Ordinance No. 6088-96; and
WHEREAS, unanticipated needs necessitate Wl increase in expenditures for the
following: Police Protection $90,000, Fire Protection $99,409, New Street Construction $181,313;
Beautification $694,500, Garage $64,886; City Hall $79,406; Miscellaneous $1,184,601; Water
System $2,412,000, Sewer System $24,150, Wld Gas System $752; and
WHEREAS, funds of $4,461 ,318 are available to finance these projects through use
of General Fund Revenues, Special Development Fund Revenues, Pinellas County Commission
Revenues, Property Owners Share Revenues, Revenues from Other Municipalities, Reimbursement
from Southwest Florida Water MWlagement District, Contractual Service Fees, Water & Sewer
Revenues, Administrative Services Fund Revenues, 1994-1996B Gas Bond Issue Revenues, Lease
Purchase Revenues; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission
to provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 6088~96 is amended to read:
Pursuant to the Third Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
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1996 and ending September 30, 1997, a copy of which is on file with the
City Clerk, the City Commission hereby adopts n Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a
copy of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
Rita Garvey, Mayor-Commissioner
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Attest: .
Approved as to fann and legal sufficiency:
Cynthia E. Goudeau, City Clerk
Pamela K. Akin, City Attorney
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Ordiriance no. 6184-97'
-53-
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9/1 0/97
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996/97
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
1996/97 1996/97 1996/97 1996/97 Amendments
Police Protection 0 -2,364 -2,364 87,636 90,000
Fire Protection 453,180 455,352 545,352 644,761 99.409
New Street Construction 2,300,000 2,300,000 1,071,955 1,253,268 181,313
Major Street Mafntenanco 1,666,080 1,666,080 1,666,080 1,486,767 -179,313
Sidewalks & Bike Trails 430,000 430,000 337,697 337,697
Intersections 285,000 285,000 285,000 285,000
Paltdng 175,000 175,000 52,995 52,995
Miscellaneous Engineering 1,700,000 1,707,489 1,379,489 1,379,489
Park Devolopment 1,894,200 1,899.435 1,899.435 1,899.435
Beautification 40,000 40,000 40,000 734,500 694,500
Marine Facilities 320,000 319,969 326,119 326,119
Ubrarfes 820,560 820,560 781,423 778,916 -2,507
Garage 2,258,600 2,275,375 2,295,263 2,360,149 64,886
City Hall Annex 0 0 -11,057 -11,057
Mafntenance of BuildIngs' 200,000 8,060 8,060 -56,826 -64,886
City Hall 0 304,900 326,557 405,963 79.406
Miscellaneous 1,489,000 1.431,691 1,775,398 2,959,999 1,184,601
Stormwater Utility 1,813,000 1,514,321 1,654,341 1,506,311 -148,030
Water System 2,245,000 2,245,000 6,369,094 6,781,094 2,412,000
Sewer System 7,660,000 7,704,564 3,604,564 3,628,714 24,150
Gas System 9,581,360 9.612,197 9,832,693 9,633,445 752
Solid Waste 762,000 762,000 762,000 759,690 -2,310
UUlftJes Miscellaneous 0 76,037 78,037 78,037
Recycling 570,600 575,840 564,440 564,440
TOTAL 36,663,580 36,608,506 35,642,571 40,076,541 4,433,970
ordinance no. 6184-97
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9/10/97
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EXHIBIT A (Continued)
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996/97
Original
Budget
1996/97
First Qtr
Amendod
Budgot
1996197
Mid Year
Amended
Budget
1996/97
Third Qtr
Amended
Budget
1996/97 Amendments
GENERAL SOURCES:
General Operating Revenue 2,005,500 2,166,870 2,262,120 2,902,576 640,456
General Revenue/County Co.op 210,560 210,560 210,560 210,560
General Revenue/County EMS 73,680 73,680 73,680 73,680
Special Development Fund 0 -3,237 -3,237 746,763 750,000
Community Redevelopment Agency 0 68,120 68,120 68,120
Road Mlllago 1,591,080 1,591,080 1,591,080 1,591,080
Transportation Impact Fees 500,000 500,000 261,900 261,900
Infrastructure Tax 4,314,200 4,299,830 4,075,577 4,075,577
Dovelopment Impact Fees 100,000 100,000 100,000 100,000
Local Option Gas Tax 1,390,000 1,390,000 1,390,000 1,390,000
Grant 275,000 280,070 292,570 292,570
FEMA 0 2,172 2,172 2,172
Plnollas County Commission 0 25,113 51,562 65,719 14,137
Property Owners Share 0 210,100 239,730 777,000 537,270
Interest 0 0 1,043 0 ~1,043
Donations 0 5,235 5,235 5,235
Othor Municipalities 0 -9,492 -6,321 46,896 53,217
Reimbursement from SWFWMD 0 65.396 1,241 ,426 2,326,826 1,085,400
Rental Foes 0 11,195 11,195 11 ,195
Contractual Services Foes 0 0 0 12,311 12.311
SELF SUPPORTING FUNDS:
Marine Operating Revenue 84,000 96,960 96,960 96,960
ParkIng Rovenue 175,000 175,000 175,000 175,000
Utility System:
Water & Sewer Revenue 3,764,000 3,874,OR7 4,247,376 5,573,976 1,326,600
Water Impact Fees 110,000 110,000 110,000 110,000
WatorR&R 850,000 850,000 650,000 850,000
Sower Impact 50,000 50,000 50,000 50,000
Sower R & R 1,000,000 1,000,000 1,000,000 1,000,000
Utility R & R 0 99,107 711,764 711,764
Retained Eamlngs-Sewer 2,100,000 2,100,000 2,100,000 2,100,000
Gas Revenue 801,960 801,960 656,960 856,960
. Solid Waste Revenue 542,000 542,000 562,000 562,000
Stonnwater Utility 1,250,000 843,490 843,490 836,490 -7,000
Recycling Revenue 465,600 465,361 453,961 453,961
Grant 2,000,000 2,005,240 5,240 5,240
ordinance no. 618+97
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9/10/97
EXHIBIT A (Contlnuod)
. CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1996/97
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
1996/97 1996/97 1996/97 1996/97 Amondmonts
GENERAL SOURCES:
Harborvlew Center 0 186,291 136,291 186,291
INTERNAL SERVICE FUNDS:
Garage Fund 85.800 102,575 122,463 122,463
Admin ServlcoD Fund 67,000 93,680 109,680 149,350 39,670
BORROWING:
Lease Purchase 617,000 474,982 584,982 565,678 -19,304
Bond Issue. Sand Key 0 -473,000 -473,000 -473,000
Bond Issue - Mom Cswy Bridge 0 0 -1.350,000 -1,350,000
SELF-SUPPORTING FUNDS:
Enterprise Leaso PurchasG 491,000 491,000 488,825 488,825
Currant Water Bond 80,000 0 0 0
Gal Bond Issues 8,789,400 6,795,237 8,965,733 8,986,485 752
INTERNAL SERVICE FUNDS:
Garage LeaselPurchase 2,185,800 2,185,800 2,165,800 2,185,600
Admin Svc Lease/Purchase 695,000 752,042 850,614 852,119 1,505
TOTALS: 36,663,580 36,608,506 35.642,571 40,076,541 4,433,970
ordinance no. 6184-97
-56-
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Clearwater City Commission
Agenda Cover Memorandum
Ilcm II:
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Meeting Date:
~ll'~7
SUBJECT:
Clearwater Harborwalk Project Cooperative Agreement
RECOMMENDATION/MOTION:
Approve the Cooperative Agreement between the Florida Department of Community Affairs, Coastal
Management Program and the City of Clearwater for development of the Clearwater Harborwalk Project,
at a total project cost of $100,000, of which the City share for this project phase shall not exceed
$50,000.
~ and that lhe appropriale officials be aulhorized to execute same.
BACKGROUND:
· The Clearwater Harborwalk Project is a component of the strategic development plan for Clearwater
Beach. The intended purpose for the projec't will support economic development efforts along eastern
portions of Clearwater Beach Island, north of Memorial Causeway, possibly including: (1) a linear shoreline
boardwalk; (2) new marina facilities; (3) commercial docking and seafood processing; and (4) retail outlet
facilities. The improvements are intended to promote this area of Clearwater Beach as a IIworking
waterfront.'" Furthermore, the possible improvements will permit greater public access to Clearwater
Harbor.
· The Harborwalk Project has been a component of Beach development planning since 1991 and was
identified in the Clearwater Beach Blue Ribbon Task Force Report. This project has received a great deal
of public interest and support.
· Clearwater applied for state funding support in September, 1996 from the Florida Department of
Community Affairs (DCA), Coastal Management Program, to implement the project. The subgrant request
was for an estimated total project cost of $100,000, of which $50,000 would be the responsibility of the
local sponsor to provide. The funds are intended to retain a qualified firm to develop a "working
waterfront" plan consistent with the environmental and economic development needs of the area. This
plan will also serve as a feasibility study for the Harborwalk Project that will be incorporated into Beach
strategic planning.
Reviewed by: Originating Dtpartment: Costs: Commission Action:
ll!8.s1 EC~Zlc Development S 50,000 o Approved
Budget Total o Approved w/Condltlons
purchasing User Department: $0 o Denied
Risk Mgmt. Economic Development Current Fiscal Year o Continued to:
IS Funding Source:
Engineering IXI Cilpll.II Improvtmtnh
ACM Advertised: 0 Optrillin&:
Other Dale: 0 Other: Attachments:
Paper: Cooperativ~ Agreement
w/Atlachments
Submitted by: 0 Not Requirtd Appropriation Code
Mlc~el Roberto Affected Parties: 181.99137
0 Notified o None
City Manager 0 Not Requirtd
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· Additional state planning and construction grants may be available upon the completion of the feasibility
portion of the project.
· The DCA has provided to the City a cooperative agreement with attachments for endorsement.
· A third quarter budget amendment will provide for the appropriation of $50,000 of Development Impact
Fees to fund the City's share of the project cost, and establish Special Program Project 181 ~99137,
Clearwater Harborwalk. , . '
AGREEHENT AVAILABLE IN THE CITY CLERK DEPARTMENT _ now h~('e. W\.:yt, ~ 4~
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Reimbursement Subgrant
DCA Identification Number:
CFDANumber: 11.412
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
, Community AffairsJ Florida Coastal Management ProgramJ with headquarters in Tallahassee,
Florida (hereinafter referred to as the "Department"), and the city of Clearwate.r
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. (hereinafter referred to as the "Recipient't).
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite
skills, knowledge, qualifications and experience to provide the services identified herein. and
does offer to perform such services, and
, B. WHEREAS, the Department has authority pursuant to Florida law to disburse the
funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Section
E., Project Objectives and Related Tasks, Section F., Project Budget Schedule; and Section G.,
Project Budget Narrative, included in Attacrunent A of this Agreement.
(2) TNCORPORA nON OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B
of this Agreement.
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(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or July 1, 1997.
whichever is later, and shall end June 30, 1998, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement.
(4) MODI FICA nON OF AGREEMENT
Either party may request modification of the provisions of this Agreement, subject to the
limitations provided herein. Modifications which are mutually agreed upon shall be valid only
~hen reduced to writing, duly signed by each of the parties hereto, and attached to the original of
this Agreement.
(a) The Recipient can initiate the modification process by submitting a letter to
the Department signed by the Recipient, or its authorized representative, which provides an
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explanation and justification for the proposed modification, along with the revised sections of
Attaclunent A to the Agreement which are proposed to be modified. The Department will, if it
approves the request, create the official modification document and send four (4) copies to the
Recipient f,?r execution. Upon exec~tion by the Recipient and upon receipt by the Department,
the Department will execute the modification and return an executed copy to the Recipient. An
example of a modification request is Attachment C of this Agreement.
(b) No more than two (2) modification requests to this Agreement will be
considered, except that one (1) modification to the project budget (only) will be allowed in
addition to two modifications to other terms.
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(c) All modifications must be executed by both parties lUk2r to the first day of the
final quarter. No modification submitted in the final quarter of the project period will be
approved~ except for a budget modification as provided below.
(d) One (1) modification to the project budget may be requested only for the
purpose of authorizing the transfer of funds within approved budget categories in an amount not
to exceed 10 percent of the total project budget. Any such modification must be requested so that
the modification can be executed no later than the second month of the final quarter (or by May
30) of the project period.
(e) In order for the Department to agree to some modifications to this Agreement,
the National Oceanic and Atmospheric Administration (NOAA) must first review and approve,
in writing, the modification. Sixty (60) additional days must be allowed for those modifications
which require NOAA review and approval. The Recipient may contact the Department prior to
requesting a modification in order to detennine if the Department intends to submit the
prospective modification request to NOAA for review and approval. Modifications requiring
NOAA's review and approval include, but are not limited to;
1. Program changes in project scope or objectives and related tasks; transfer of an
award to a replacement Recipient or a change in Recipient name,
2. Budge/ challges which call for additional funding.
, 3. Cumulative transfers among cost categories exceeding 10 percent, for awards in
which the FCMP share exceeds $100,000,
4. Purchase of equipment, parlicularly computer equipment and the development or
design of computer software, not included in the approved budget.
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s. Transfer of funds from the construction part of an award to the nonMconstruction
part or vice versa.
6. Transfer of funds from the direct cost category to the indirect cost category, or
vice versa.
(5) RECORD KEEPING
(a) If applicable, Recipient's performance under this Agreement shall be subject
to the federal tlCommon Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) or OMB Circular No. A-II 0, "Grants and Agreements
with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and eithef.'
OMB Circular No. A-87, "Cost Principles for State and Local Governments." OMB Circular No.
A-2I, "Cost Principles for Educational Institutions," or OMB Circular No. A-I22, ttCost
Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-
profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal
Acquisition Regulations 31.2 and 931.2. '
(b) All original records pertinent to this Agreement shall be retained by the
Recipient for three years following the date oftennination of this Agreement or ofsubmissio"n of
the final close-out report, whichever is later, with the following exceptions:
I. If any litigation, claim or audit is started before the expiration of the
three year period and extends beyond the three year period, the records will be maintained until
,all litigation, claims or audit findings involving the records have been resolved.
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2. Records for the disposition of non-expendable personal property valued
at $5,000 or more at the time of acquisition shall be retained for three years after final
disposition.
3. Records relating to real property acquisition shall be retained for three
years after closing of title.
(c) All records, including supporting documentation of all program COSlsJ shall be
sufficient to determine compliance with the requirements and objectives of the Budget and Scope
of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its
records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be
construed according to the circumstances but ordinarily shall mean during normal business hours
of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not
be limited to, auditors retained by the Department.
(e) The Recipient must have fiscal control and fund accounting procedures that
assure proper disbursement ~d accounting of project funds and required match expenditures.
All expenses incurred for the project shall be disbmsed according to the provisions in the project
budget, as approved by the DepartmeQt.
(t) The Recipient acknowledges that the Department is bound by the terms and
conditions of a grant award from NOAA as to this Agreement, including but not limited to the
Department ofComrnerce Financial Assistance Standard Terms and Conditions; 15 Code of
Federal Regulations Part 24, including specifically 15 C.F.R. Section 24.42; 15 Code of Federal
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, Regulations Part 29a; Office of Management and Budget Circular A-87; the Line Item Budget;
and any Special Award Conditions. Recipient's record keeping shall be conducted so as to allow
the Department to comply with those authorities.
(6) 'REPORTS
Project Performance Reports
The Recipient shall submit Quarterly Project Perfonnance Reports to the Florida Coastal
Management Program by October 15, January IS, April1S, and July 15, covering project
activities during the previous quarter. The Quarterly Project Performance Reports shall be
submitted in hard copy and on computer micro floppy disc (DOS compatible 'format) in the
. format provided on Attachment D.
Financial Reports
The Recipient shall submit a Quarterly Financial Claim Report to the Florida Coastal
Management Program by October IS, January 15, April IS, and July 15, covering the project
expenditures during the previous quarter. The Quarterly Financial Claim Report shall be
submitted in the fonnat provided on Attachment E.
A Final Financial Claim Report must he filed if there are outstanding claims after the
final Quarterly Financial Claim Report has been submitted. The Final Financial Claim Report
shall be submitted in the format provided in Attachment F. Before the Final Financial Claim
will be processed and final payment made, the Recipient must submit to the Department aU
outstanding Project Performance Reports, Financial Claim Reports and the Final Project Report
and must have satisfied any pending special conditions as identified. The Final Financial Claim
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Report must be submitted prior to the Close-Out Report. Failure to comply with the above
provisions shall result in forfeiture of reimbursement.
A Financial Close-Out Package shall be submitted to the Florida Coastal Management
Program within forty-five (45) days of the project ending date. The Financial Close-Out Package
shall be submitted in the format provided on Attachment G.
Project Generated Income Reports
If the project generates income, the Recipient shall submit Quarterly Project Generated
Income Reports to the Florida Coastal Management Program by October 1St January 15, April
IS, and July 15, covering project generated income and expenditures during the previous quarter.
The Quarterly Project Generated Income Reports shall be submitted in the format provided on
Attaclunent H.
Program income (also known as project generated income) means the gross income
earned by the Recipient during the project period, as a direct result of this Agreement. Program
income shall be handled according to OMS Circulars A-87, A-II0 and A-21, in their entirety.
The following reporting quarters are to be used for the financial, performance, and project
generated income reports:
Quarter Reporting Quarters Report Du~
I July 1 . September,30.............................0ctober 15
2 October 1 - December 31.........................January IS
3 January 1 . March 31.................................Aprills
. 4 April 1 - June 30...............u.....t......,.....,.,......t4lJuly 15
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Final Project Products and Reports
For subgrants which produce final product(s), a Final Project Product(s) shall be
produced and seven (7) copies submitted to the FCMP not later than fifteen (15) days after the
subgrant tennination date.
For subgraots which do not produce a project product, a Final Project Report shall be
produced and seven (7) copies submitted to FCMP not later than fifteen (15) days after the end of
the subgranttennination date. The Final Project Report must contain an executive summary, and
discuss methodology, outcome and further recommendations.
Final payment will be held until receipt and approval of the Final Project Product(s) or
Final Project Report.
Both the Final Project Product(s) and the Final Project Report must comply with the
,
publication requirements as stated in paragraph 28 of this Agreement and Attachment B.
(7) MONITORING.
The Recipient shaH constantly monitor its performance under this A~reement to
ensure that Section E., Project Objectives and Related Tasks; Section F., Project Budget
Schedule; and Section G., Project Budget Narrative, included in Attachment A of this Agreement
are being met, and other perfonnance goals are being achieved. Such review shall be made for
each function or activity set forth in Attachment A to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall
be solely responsible to parties with whom it shall deal in carrying out the tenns of this
agreement, and shall save the Department harmless against all claims of whatever nature by third
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parties arising out of the performance ofwark under this agreement. For purposes of this
agreement, Recipient agrees that it is not an employee or agent of the Department, but is an
, independent contractor.
(b) Any Recipient who is a "state agency Of subdivision," as defined in Section
768.28. Fla. Stat.. agrees to be fully responsible for its negligent acts or omissions or torturous
acts which fesult in claims or suits against the Department, and agrees to be liable for any
damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be
sued by 'third parties in any matter arising out of any contract.
(9) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result
of action by the Florida Legislature, the State of Florida Office of the Comptroller or the federal
Office of Management and Budgeting, or if any of the following events occur f'Events of
Default"), all obligations on the part of the Department to make any further payment of funds
hereunder shall, if the Department so elects, terminate and the Department may, at its option,
exercise ,any afits remedies set forth herein. but the Department may make any payments or parts
of payments after the happening of any Events of Default without thereby waiving the right to
exercise such remedies, and without becoming liable to make any further payment:
I. If any warranty or representation made by the Recipient in this
, Agreement or any previous Agreement with the Department shall at any time be false or
misleading in any respect, or if the Recipient shall fail to keep, observe or perfonn any of the
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tenns or covenants contained in this Agreement or any previous agreement with the Department
and has not cured such in timely fashion, Of is unable or unwilling to meet its obligations
thereunder;
2. If any material adverse change shall occur in the financial condition of
the Recipient at any time during the term of this Agreement from the financial condition revealed
. in any feports filed or to be filed v..ith the Department, and the Recipient fails to cure said
material adverse change within fifteen (15) days from the time the date written notice is sent by
the Department;
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3. Ifany reports required by this Agreement have not been submitted to
the Department or have been submitted with incorrect, incomplete or insufficient infonnation;
4. If the Recipient has failed to perform and complete in timely fashion
any of the' services required under Section E., Project Objectives and Related Tasks; Section F.,
Project Budget Schedule; and Section G., Project Budget Narrative, included in Attachment A of
this Agreement.
(b) Upon the happening of an Event of DefaultJ then the
Department may, at its option, upon written notice to the Recipient and upon the Recipient's
failure to timely cure, exercise anyone or more of the following remedies, 'either concurrently or
consecutively, and the pursuit of anyone of the fonowing remedies shall not preclude the
Department from pursuing any other remedies contained herein or otherwise provided at law or
in equity:
1. Tenninate this Agreement, provided that the Recipient is given at least
fifteen (J 5) days prior written notice of such tennination. The notice shall be effective when
10
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placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-
return receipt requested, to the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions. to include but not be
limited to, requesting additional information from the Recipient to detennine the reasons for or
~e extent of non-compliance or lack of perfonnance, issuing a written warning to advise that
more serious measures may be taken if the situation is not corrected, advising the Recipient to
suspend, discontinue or refrain from incurring costs for any activities in question or requiring the
Recipient to reimburse the Department for the amount of costs incurred for any items determined
to be ineligible;
5, Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may tenninate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to,
misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure t9
perfonn in a timely manner; and refusal by the Recipient to pennit public access to any
docwnent, paper, letter, or other material subject to disclosure under Chapter 119, Fin, Stat., as
amended.
11
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(d) Suspension or tennination constitutes final agency action under Chapter 120,
Fla. Stat., as amended. Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non~
compliance with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the
parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to
the Department by virtue of any breach of Agreement by the Recipient. The Department may, to
'the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until
such time as the exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CaNT ACl:.
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requestedt to the representative
identified below at the address set forth below and said notification attal;:hed to the original of
, this Agreement
(b) The name and address of the Department contract manager for this Agreement
is:
S. Debbie Skelton, Planner IV
Florida Coastal Management Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
12
"
(c) The name and address of the Representative of the Recipient responsible for
the administration of this Agreement is:
Mi.-les, G,..,. Bal!ogg, Environmental Specialist
City of Clearwater
P .0.. . Box: 47.4,8, ;. ,.
. .Clearwa.ter.;.~FL . jj I,~.ti"":' 4 /,!l8 .
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(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement. notice of the name, title and address of the new
,representative will be rendered as provided in (1 Olea) above.
(11) QTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations. and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this AgreementJ and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the Department from all
its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. Ifany provision
hereof is in conflict with any applicable statute or role} or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
, severable, but shall not invalidate any other provision of this Agreement.
13
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(c) No waiver by the Department of any right or remedy granted hereUJ:Ider or
failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of
any other right or remedy of the Department hereundert or affect the subsequent exercise of the
same right or remedy by the Department for any further or subsequent default by the Recipient.
Any power of approval or disapproval granted to the Department under the terms of this
Agreement shaU survive the tenns and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act
(public Law lOl~336, 42 D.S.C. Section 12101 et seq')J ifapplicabJe, which prohibits
discrimination by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or servi~es to a public entity, may not submit a bid on a contract with a public entity
for the constnJction or repair of a public building or public work, may not submit bids on leases
orreal property to a public entity, may not be awarded or perform work as a contractor~ supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two ($15,000 in Sept. 1996) for a period of36
. months from the date of being placed on the convicted vendor list.
14
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(12) AUDIT REQUIREMENTS.
(a) The Recipient shall also provide the Department with the records~ reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded
under this Agreement.
(b) The Recipient shall provide the Department with an arulUaI financial audit
report which meets the requirements of Sections 11.45 and 216.349~ Fla. Staf" and Chapter
10.550 and 1 0.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit
Act of 1984,31 U.S.C. ss. 7501w1507, OMB Circulars Awl28 or A-133 for the purposes of
auditing and monitoring the funds awarded under this Agreement. The funding for this
Agreement was received by the Department as a grant and aid appropriation.
1. The annual financial audit report shall include all management letters
and the Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
Agreement number.
3. The complete financial audit report, including all items specified in
(12)(d) I and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(c) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the
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Recipient shall be held liable for reimbursement to the Department of all funds not spent in
"
accordance with these applicable regulations and Agreement provisions within thirty (30) days
after the Department has notified the Recipient of such non~compliance.
(d) The Recipient shall retain all financial records, supporting documents,
statistical records, and any other docwnents pertinent to this contract for a period of tluee years
after the date of submission of the final expenditures report. However, if litigation or an audit
has been initiated prior to the expiration of the threc~year period, the records shall be retained
until the litigation or audit findings have been resolved.
(e) The Recipient shall have all audits completed by an independent certified
public accountant (lP A) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, fla. Stat. The IP A shall state that the audit complied with the
applicable provisions noted above.
(f) The audit is due twelve (12) months after the end of the Recipient's fiscal year
or by the date the audit report is issued by the state Auditor General, whichever is later.
(g) An audit perfonned by the State Auditor General shall be deemed to
satisfy the above audit requirements.
(13) SUBCONTRACTS.
The Department shall review and approve in writing all proposed subcontracts prior to
execution of the subcontract by the Recipient and the subcontractor. Approval shall be based, at
a minimum, upon the subcontractor's agreement to be bound by the tenns and requirements of
this Agreement. The Department's approval of this Agreement does not explicitly or implicitly
constitute approval of any subcontractor, or any subcontract agreement. If the Department
16
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approves the subcontract, the Recipient shall provide the Department with a copy of the executed
. subcontract not later than the next quarterly reporting date.
If the Recipient subcontracts any of the work required under this project, the Recipient
agrees to include specific language in the subcontract stating the following: (I) the subcontractor
is bound by all terms of this Agreement with the Department; (2) the Recipient agrees to
include language in the subcontract that the subcontractor shall hold the Department harmless
against all claims of whatever nature arising out of the subcontractor's perfonnance of work
under this Agreement, to the extent aUowed and required by law; (3) mu:;t have a start and
ending date that is within the subgrant period; (4) except for projects identified by the
Department as Section 306(a) projects, may not further contract any work approved in his
subcontract with the Recipient.
Extension of a subcontract shall be in writing (for a period not to exceed six (6) months).
subject to the Department's review and approval, is subject to the same terms and conditions set
forth in the initial subcontract and will only be allowed ifthere is sufficient time for the
extension within the project period. Only one extension of the subcontract shall be acceptable,
unless failure to complete the subcontract is due to circumstances beyond the control of the
subcontractor. The subcontract may not be extended beyond the project ending date.
The Recipient agrees to satisfy the requirements provided in Section 287.055, Florida
Statutes, known as the tlConsultant's Competitive Negotiation Act," when applicable.
(14) TERMS AND COND1TIQNS.
This Agreement contains all the tenns and conditions agreed upon by the parties.
17
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(15) ATf ACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A: Florida Coastal Management Program Application for Federal
, Coastal Zone Management Act Funds, including Sections E, F and G.
Attachment B: Applicable laws, rules and regulations.
Attachment C: Sample Modification Request
.
Attachment D: Quarterly Project Performance Report Format.
Attachment E: Quarterly Financial Claim Report Format.
Attachment F: Final Financial Claim Report Format.
Attachment G: Financial Close-Out Package Format.
Attachment H: Quarterly Project Generated Income Report Format.
" Attachment I: Copyright, Patent and Trademark Conditions.
Attachment J: Acknowledgments of Support on Publications and Audiovisuals.
(16) EUNDING/CONSIDERA TION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$50 000 '.00, .. b' th '1 b'l'ty ffund
' ,. .1),,,-<......)1,,... >;,1',: su ~ect to e aVID alIOS.
18
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(b) Any advance payment under this Agreement is subject to g, 216.181 (14),
Florida Statutes. The amount which may be advanced may not exceed the expected cash needs
of the Recipient within the first three (3) months, based upon the funds being equally disbursed
throughout the subgrant term. For a federally funded contract, any advance payment is also
subject to federal OMS Circulars A-I 02, A-IIO, A-122 and the Cash Management Improvement
Act of 1990. If an advance payment is requested, the budget data on which the request is based
and ajustification statement must be submitted as a separate letter to the Florida Coastal
Management Program. This letter must be signed by the Recipient or hislher authorized
representati ve.
,1.
xx
No advance payment is requested.
2.
_ An advance payment of $
is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement
basis as needed. The Recipient agrees to expend funds in accordance with Section E., Project
, ,
Objectives and Related Tasks; Section F" Project Budget Schedule; and Section G" Project
Budget Narrative, included in Attachment A of this Agreement.
(d) All costs are subject to applicable cost principles. Recipient organizations
should consult the appropriate cost principles for specific guidance on allowable and unallowable
costs and should consult with the Florida Coastal Management Program if there are questions
concerning the allowableness or treatment of a particular item. ,
,(e) Recipient funds shall not, under any circumstancesJ be obligated prior to the
start date or subsequent to the ending date of the project period. (Only project costs incurred on
or after the start date, and on or prior to the ending date of this Agreement are eligible for
19
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reimbursement.) For purposes of this Agreement, a cost is incurred when the Recipien~
Recipient's employee, or a subcontractor perfonns the required services, Of when goods or
services are encumbered or ordered. These costs must be paid in full by the end of the project
close-out period to be eligible for reimbursement.
(f) All refunds Of repayments to be made to the Department under this
Agfeement are to be made payable to the order of "Department of Community Affairs." and
mailed directly to .the Department at the following address:
Department of Community Affairs
Cashief
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
( 17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's perfonnance and obligation to pay under this
Agreement is subject to available Coastal Zone Management Act funds and i~ contingent upon an
annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, Fla, Stat. or the Florida Constitution.
(b) All bills for fees or other compensation for services or'expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(c) Ifotherwise allowed under this Agreement, all bills for any travel expenses
shall be submitted in accordance with s. 112.061, FIB, Stat.
(d) The Department of Community Affairs reserves the right to unilaterally
cancel this Agreement for refusal by the Recipient to allow public access to all documents,
20
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papers. letters or other material subject to the provisions of Chapter 119. Fla. Stat,. and made or
received by the Recipient in conjunction with this Agreement.
(c) If the Recipient is allowed to temporarily invest any advances of funds under
this Agreement, any interest income shall either be returned to the Department or be applied
against the Department.s obligation to pay the contract amount.
(f) The State of Florida will not intentionally award publicly-funded contracts to
any contractor who knowingly employs unauthorized alien workers. constituting a violation of
the employment provisions contained in 8 U.S.C~ Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act eINA ")]. The Department shall consider the employment by
any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation
by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(18)
RESTRICTIONS ON LOBBYING
Federal Lobbying Restrictions
The Recipient certifies. by its signature to this Agreement, that to the best of his
or her knowledge and belief:
(a) No Federal appropriated funds have been paid or will be paid. by or on behalf
, .
of the Recipient. to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress. an officer or employee of Congress. or an employee ofa
member of Congress in connection with the awarding of any Federal contract. the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
21
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and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative agreement.
(b) Ifany funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee ofa member
of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
Recipient shall complete and submit Standard Form-LLL, "Disclosure Fonn to Report
Lobbying," in accordance with its instrUctions.
(c) The Recipient shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
S10,000 and not more than $100,000 for each such failure.
The Recipient agrees to comply with Section 319 of Public Law 101-121 set forth in
"Government-wide Guidance for New Restriction on Lobbying; Interim Final Guidance, II
published on December 30, 1990, Federal Register.
Each Recipient to whom FCMP funds of S 1 00,000 or more are awarded, shall file the
most current edition of Form CD-Sll (Certification and Disclosure Form). This certification is a
22
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material representation of fnct upon which reliWlce was placed when this Agreement was
executed. Any Recipient who fails to file the required certification is subject to a civil penalty
of not less than $10,000 and not more than $100.000 for each failure to file.
State Lobbyin~ Prohibition.
No funds or other resources received from the Department in connection with this
Agreement may be used directly oc indicectly to influence legislation or any othec official action
by the Florida Legislature or any state agency.
(19) COPYRIGHT. PATENT AND TRADEMARK
Recipient agrees to be bound by the tenns and conditions contained in Attachment I.
(20) LEGAL AUTHQRIZA TION.
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its
, governing body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. TIle Recipient also certifies that
, the undersigned possesses the authority to legally execute this Agreement and bind Recipient to
~. ,the terms of this Agreement.
(21) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Statu the Departme'nt shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of
goods and/or services provided in accordance with the terms and conditions of the Agreement.
Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate
23
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its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
freight cmbargoes, and unusually severe weather. In cvery case the failure to perfonn shall be
beyond the control and without the fault or negligence of the Recipient.
Upon request of the Recipient, the Department shall ascertain the facts and the extent of
such failure, and if the Department detennines that any failure to perfonn was occasioned by one
or more legitimately defined causes beyond the control of the Recipient, the delivery schedule
shall be revised accordingly.
(24) PROPERTY ACCOUNT ABILITY ,
The Recipient agrees to use all nonwexpendable property for coastal management
purposes during its useful life or request disposition from the FCMP.
The Recipient shall establish and administer a system to protec~ preserve, use, maintain.
and dispose of any property furnished by the Department or purchased pursuant to this
Agreement according to federal property management standards set forth in OMB Circular A-
'.' 110 and 15 C.F.R. Part ~4. This obligation continues as long as the recipient ~etains the
property, notwithstanding expiration of this Agreement.
(25) DISPUTES
The Department shall make a decision in writing when responding to any disputes,
disagreements or questions of fact arising under this Agreement and shall distribute its response
to all concerned parties. The Recipient shall proceed diligently with the perfonnance of this
Agreement according to the Department's decision.
25
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. .,....... ~........................uU\..lL...fJ.t..II~.. ~ f~..~...............H~~'..l..; I,'
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(26) CONFERENCES AND INSPECTION OF WORK
Conferences may be held at the request of any party to this Agreement. At any
time, a representative of the Department of Community Affairs, U. S. Department of Commerce,
or the National Oceanic and Atmospheric Administration or all, have the privilege of visiting the
project site to monitort inspect and assess work performed under this Agreement.
(27) PUJ3LICA TrONS AND AUDiOVISUALS
A. Before publishing or printing a flr:tal draft of any report required undert or
pertaining to this Agreementt such draft shan be sent to the Florida CoasiaI
Management Program for review and approval (reports other than required
Quarterly Subgrant Performance Reports and Quarterly Financial Claim Reports).
, B. Publications, printed reports or materials must include the NOAA logo (contact
the FCMP to get a copy) and the following statement on the cover or first page:
"A publication (or report) funded in pan by the Florida Department of
Community Affairs, Florida Coastall\.lanagement Program, pursuant to National
Oceanic and Atmospheric Administration Award No. NA770l0183. The views
expressed herein are those of the author(s) and do not necessarily reflect the views
of the State ofFlorid~ N<.JAA or any of its subagencies." The next printed line
shall identify the month and year of the publication.
. C. Audiovisuals.
Recipients must acknowledge NOAA support on any audiovisual (e.g., movie,
video,'slidest etc.) which is produced with fmancinl assistance. Unless required
under special tenns of this Agreement, this requirement does not apply to
26
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I'
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audiovisuals produced as research instruments or for documenting
experimentation or findings and which are not intended for presentation to the
general public. The Recipient must receive approval from the FCMP and NOAA
before its final production and distribution of any audiovisual (e.g., movie, video,
slides, etc.) funded undef this Agreement. Please schedule at least thirty days fOf
this approval. The Recipient must also provide the FCMP with shooting scripts,
credit NOAA as a funding source, and provide two (2) copies of the audiovisual
(e.g., movie, video, slides, etc.) upon completion.
D. Sign Requirements for Construction Projects
The Recipient must maintain a penn anent sign at the project site identifying the
project and indicating that the project is funded by this Agreement. The sign must
be at least 2' x 3' in size and in addition to the language shown below, include the
NOAA, DCA and FCMP logos. Logos will be provided by the FCMP upon
request. Sign colors should complement the surrounding area. The following
language is recommended:
"Funding for this project was provided in part by the Florida Coastal Management
Program, Florida Department of Community AffairsJ by the Coastal Zone
Management Act of 1972, as amended, Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric Administration, U.S.
Department of Commerce. II TIle next printed line shall identify the completion
month and year of the project.
27
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E. Disclaimers
The acknowledgment must not represent or suggest in any way that the views
expressed are those of the Federal Government. For audiovisuals. the
acknowledgment must include the following explicit statement or its equivalent,
c::xcept ifclearly unnecessary or inappropriate because of the nature of the subject
matter:
liThe opinions expressed in this (e.g., movie, video, slides; etc.) do not
necessarily reflect the views of the National Oceanic and Atmospheric
Administration.1I
If the nature of the audiovisual is such that it is not intended for presentation to
the general public, the following statement, or its equivalent, must be included in
the work:
liThe National Oceanic and Atmospheric Administration has not approved
this (e.g., movie, video, slides, etc.) fC?r presentation to the general public."
F. Attaclunent J to this Agreement contains additional information on the
required Acknowledgments of Support on Publications and Audiovisuals.
. " (28) STATEMENT OF FCMP FUNDrijG PERCENTAGE AND DOLLAR AMOUNT
When issuing statements, press releases, requests for proposals, bid solicitations, and
c other documents describing projects or programs funded in whole or in part with FCMP funds,
'all Recipients receiving tllese FCMP funds, including but not limited to state and local
governments, shall clearly state:
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A. The percentage of the total cost of the program or project that shall be financed
with FCMP funds; and
B. The dollar amount of FCMP funds to be expended on the project or program,
(29) EQUAL EMPLOYMENT OPPORTUNITY (EEO)
All Recipients must comply with the following nondiscrimination requirements. By
signing this Agreement, the Recipient organization agrees to comply with the following statutes,
regulations, and Executive Order:
The Recipient agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
~OOOD et seq.) prohibiting discrimination under Federally assisted programs on the grounds of
race, color or national origin and Department of Commerce regulations implementing Title VI
(IS C.F.R. Part 8); Title IX of the Education Amendments of 1972, as amended, (20 V.S.C. 1681
et seq.) prohi~iting discrimination on the basis of sex in Federally assisted education programs or
activities; Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 794) prohibiting
discrimination under any program or activity receiving Federal financial assistance on the basis
of handicap and Department of Commerce regulations implementing Section 504 (15 C.F .R. Part
b); the Age Discrimination Act of 1975: as amended (42 V.S.C. 6101 et seq.) prohibiting
discrimination on the basis of age in programs or activities receiving Federal financial assistance
and Department of Commerce regulations implementing the Act (15 C.F.R. Part 20); Part III of
Executive Order 11246 (30 F.R. 12319, September 25, 1965) as amended by Executive Order
11375 (32 F.R. 14303, October 17, 1967) requiring Federally assisted construction contracts to
include the provisions of 203 of the Executive Order and the regulations of the Department of
Labor implementing the Executive Order with which the Department of Commerce and its
29
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recipients must comply (41 C.F.R. 60-1.4(b)); any other regulations implementing these statutes
and orders.
(30) NON-PROCUREMENT. DEBARMENT: AND SUSPENSION
The Recipient agrees to comply with 15 C,F.R. Part 26. These procedures require the
Recipient to certify it shall not enter into any lower tiered covered transaction with a person who
is debarred from participating in this covered transaction, unless authorized by the Department.
(31) . NON-SUPPLANTING
Funds made available under the Coastal Zone Management Act of 1972, as amended,
may not be used so as to supplant state funds or other funds that would be available for these
projects and activities in the absence of such funds for Coastal Zone Management Program
activities. The FCMP funds may be used to increase, not supplant, such state funds or other
funds available for coastal zone management.
(32) SUBSTANTIVE INVOLVEMENT
A Recipient of this Agreement may not act merely as a "straw partytl for another
organization. The application must show that the Recipient plans to have substantive
involvement in the project to be accomplished, not to act merely as a conduit of funds to another
organization. However, applications may provide for third parties to perf6rm certain project
activities.
(33) ,PROJECT CLOSE-OUT
Project funds which have been properly obligated by the end of the sub grant funding
period must be expended within forty-five (45) days. Any funds not expended at the end of the
forty-five (45) day period wiillapse and revert to the Department. A subgrant funded project
30
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will not be closed out until the Recipient has satisfied all close-out requirements in one final
Financial Close.Out Package.
IN WITNESS WHEREOF>> the parties hereto have caused this contract to be
executed by their undersigned officials as duly authorized.
R ..
~lplent:
BY:
Name and title: Ri ta Garvey, Mayor
Date:
SAMAS #
N/A
FID#
59-6000289
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title:
Date:
31
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Attachment A
Florida Coastal Management Program
Application for Federal Coastal Zone Management Act Funds
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Attachment A
Florida Coastal Management Program
Application for Federal Coastal Zone Management Act Funds
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09119/96
Slale of Florida
Department or Community Affairs
Florida Coastal Management Program
Application for Federal Coastal Zone Management Act Funds
DCA Identification Number
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I NOM Task NLmber
A. Names and Addresses
t. Recipient
Organization Name:
Chief Elected Official or Agency Head:
Title:
Address:
Zip Code:
Area Code and Telephone Number:
Area Code and Facsimile Machine Telephone Number:
2. Chkf Financial Officer
Chief Financial Officer.
Title: '
. Address:
Zip Code:
Area Code and Telephone Number:
Area Code and Facsimile Machine Telephone Number:
DCAJC1.M FORM 1
January 2, 1 S9lS
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City of Clearwater, Florida
Rita Garvey
Mayor
PO Box 4748, Cleanvater, FL
346184748
(813 )462-6700
(813)462-6720
Margaret Simmons
Finance Director
PO Box 4748, Clearwater, FL
346184748
(813)562-4530
(813)5624535
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3. Implementing Unit (Government Unit/Division 0/ the Recipunt Agency)
Implementing Unit Name: City of Clearwater - City Manager's Office
Unit Head: Bob Keller
Title: Assistant City Manager
Address: P.O. Box 4748, Clearwater, FL
Zip Code:
Area Code and Telephone Number: (813) 562-4047
Area Code and Facsimile Machine Telephone Number: .(813) 562-4052
4. Project Manager (Must be an Employee of Recipient Agency)
Name: Miles G. Ballogg
Title: Environmental Specialist
Address: P.O. Box 4748, Clearwater, FL
Zip Code: 33758-4748
Area Code and Telephone Number: (813) 562-4023
Area Code and Facsimile Machine Telephone Number: (813)562-4037
5. Partners
Organization Name:
Contact Person:
Address:
Zip Code:
Area Code and Telephone Number:
Area Code and Facsimile Machine Telephone Number:
Organization Name:
Contact Person:
Address:
Zip Code:
Area Code and Telephone Number:
Area Code and Facsimile Machine Telephone Number:
2
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D. Administrative Data
6. Project Title (please limit to 50 cl,aracters, including spaces and punctuation):
C L E A R W A T E R H A R B 0 R W A L
K
7. Project Period:
Period Month Day Year
Beginning July 1 1997
Ending June 30 1998
8. Coastal Issue identified in the Notice of Availability of Funds (if applicable):
If none of the above please identify issue addressed.
Access to Coastal Resources and Working Waterfront Revitalization
C. Fiscal Data
9. (If other than the 9tief Financial Officer) Remit Warrant To:
10. FderaJ Employer Identification Number (Non-State Agencies): 59~6000289
11. SAMAS Number (State Agendes):
12. Budget Summary:
FCMP $ 50.000 Match $ 50.000 Total $100.000
13. Will income be earned by the Recipient during dIe slIbgrant period as a direct result of
the subgrant award?
(CheckOne) Yes_ No X
14. Catalog of Federal Domestic Assistance (CFDA) Numbu 11.419.
3
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09/19196
15. Advance Requested (letter of justification must be submitted separately):
(Check One) Yes No -X
16. Congressional District(s) District 9
17. County: Pinellas County
18. Funds received through this project will be utilized to supplant state or local funds?
(Check One) Yes No X
19. Funds received through this project will be utilized as matching funds to apply to or
receive other federal funds?
(Check One) Yes
No-X
20. Federal funds applied for or received from another source will be utilized as
matching funds for this project!
,(Check One) Yes No ---X
21. Is this project consistent with the applicable local government comprehensive plan?
(CheckOne) Yes-X- No
Signature of the person authorized by Recipient Agency to submit this proposal:
Signature:
Typed:
Title:
Date:
-I;. ~U"lV
Er etb M. Deptula
City Manager
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D. Program Dafa
Project Abstract, In one (1) typed paragraph, briefly describe the problem to be
addressed and the project solution to that problem.
Problem Identification. In a maximum of two (2) typed paragraphs, briefly
describe a specific problem to be addressed with project funds.
Problem Solution. In a maximum of four (4) typed pages, briefly describe how
project activities will address the targeted problem, Describe who will do what,
when, where and how (include partners' roles in program implementation),
NOTE: IF YOU ARE APPLYING FOR A CAPITAL IMPROVEMENT,
ACQUISmON OR CONSTRUCtION PROJECT ($50,000 LIMIT), THE
FOLLOWING ITEMS ALSO NEED TO BE SUBMITTED.
Site Plan. Include a detailed drawing of the proposed construction project on the
project site, showing project's relationship to other facilities. Also show the
project's relationship to natural features (wetlands, dunes, topography, etc.) on the
site. The site plan should contain sufficient detail to illustrate construction
techniques, measurements, materials, signage, acccssways, parking areas and other
relevant features. lfthe proposal is a public access project, it must include
adequate signage to identify its availability to the pubiic and to provide directions
to the site.
Certification of Real Property Ownership: A certification ofRea1 Property
Ownership (attached) is required for any parcel orland proposed for
acquisition/construction. The certification must be signed by a state or local
official attesting that the property is in public ownership.
Land Acquisition Cost Estimates: The cost figures used for land acquisition
proposals (including fee purchase, easement or right-of,way) may be based on
estimates or opinions of value, rather than a fuU appraisal, Although a full
appraisal is required prior to final project approval, the cost estimate or opinion of
value submitted as part of the application will be the basis for the subgrant award.
Environmental Information: Complete the Categorical Exclusion Checklist
(attached), starting with A. An Environmental Assessment may be required as a
result of the completion of the Checklist in order to provide detailed infonnation.
on potential impacts to the environment.
Start below and use continuation pages as necessarv.
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E. Project Objectives and Related Tasks
List project objective(s) and tasks that will accomplish each objective. Indicate in
which quarter these tasks will occur and will be completed. Also, show. any
deIiverables associated with the objectives and tasks and indicate in which quarter they
Will be delivered.
StaIt below and use continuation page;; as necessary.
OBJECfIVE TASK BEGIN END DELIVERABL QUARTER
QUARTER QUARTER E RECEIVED
IDENTIFY Survey Existing 2 2 List of needs 2
EXISl'ING Users and problems
PROBLEMS "
NEEDS
Conduct market 2 2 Market research 2-
research to
detcnniDc
redevclopment
ootential
~&i': 2 :t :iUlVCY n:sults 2
sediment&
seal:: .
hy rographic
sUrveYs
C~~PfUAL ~reparc 2 J 9>DcqJhaal ;,
Conceptual designs
DIN designs
Evaluate as to 3 3 Needs CValuatiOD 3
addressing
identified needs
Evaluate 3 3 Environmental 3
EnvirollIDCDtaI Impact analysis
.
Preliminary cost 3 3 Preliminary Cost 3
analysia estimates
Select preferred 3 3 .
alternativo
PREPARE PIq)IUll sdedcd 3 4 Final design 4
FINAL coneeptUIJ
CONCEPfUAL design
DFmGN
REGULATORY Hold feasibility 4 4 F~bility Study 4
INPUT pre- application
meetings with
FDEP and
Pincllu County
COMPLETE Complete 4 4 Feasibility Study 4
FEASIBILITY Feasibility
STUDY Study
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F.
Project Budget Schedule
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Type dollar amounts only in applicable categories and leave others blank (round to
the nearest dollar; no cents please). Recipient Match (In-kind and Cash combined)
must at a minimum equal the FCMP funds requested. One hundred percent (100%)
match is required
Budcet Catefory
FCMP Funds
1. Salaries
2.. Fringe Benefits
3., Travel
4. Equipment
S. Supplies
, .
6. Contractual Services
$ 50.000
7. Construction
8. Other
, ,
9. Indirect Charges
, Match Funds
10. Recipient In~Kind ~atch
11.. Recipient Cash Match
.$
o
$ 50.000
Total Projec~ Cost:
S 50.000
SlOO.OOO
$ 50.000
'. Project Subtotals:
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G. Project Budget Narrative
You must de.liCribe Une hems for eacl, applicable budget category shown on
the budget schedule. Provide sufficient detail to show cost relationships to
project activities. Do this for both FCMP and match items. Note:' indirect costs are
not allowed as match.
Start below and use continuaJion pages as necessary.
FCl\iP FUNDS ;
Contractual Services; Contract with a firm (to be determined through approved purchasing
procedures of the City of Clearwater) which will provide services including the survey of
existing users, as well as surveys of benthic, sedimentt seagrass and hydrographic materials
present in the targeted area. This firm will determine through these surveys the needs and
problems associated with tl,tis area and then develop conceptual designs. These conceptual
designs will take into consideration existing economic market data and will include updated and
new economic market research. The firm will evaluate environmental impacts and determine
preliminary cost estimates for the project. The firm will also develop visual and site planning
representations for the final conceptual model. Finally, the firm will oversee the permit pre~
application process with FDEP and Pinellas County to determine the viability of the conceptual
model designed for the Harborwalk Project.
MATCH FUNDS:
In~Kind Match: Not applicable
Cash Match: The City of Clearwater will fund $50,000 of the consultant's fees.
8
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09/19196
Project Abstract:
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The City of Clearwater is developing a redevelopment plan for Clearwater's beach. A key
component of City redevelopment efforts in this area involves the construction of'11arborWalk,H
a linear boardwalk with associated marina facilities and commercial fishing dockage/seafood
processing. HarborWalk would provide public access to Clearwater Harbor for residents and
visitors, and retain and improve the "working waternontH operations that exist in the area, while
replacing a number of separate and diverse small marina operations, Cleanvater Harbor is
designated an 'Xlutstanding Florida Water,n but has a number ofpnvate docks in operation that
, are not compliant with the best' environmental management practices and are contributing to the
degradation of this outstanding Florida water resource. Additionally, there is no public access to
Clearwater Harbor other than the City Marina which is already at capacity with an extensive
waititlg list. , Environmental engineering with regard to design and pennitting issues associated
with HarborWalk is a necessary first step in proceeding with this project. The Florida Coastal
Management Program Innovative Coastal Projects grant would enable this environmental
engineering work to be done.
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Problem Identification:
The specific problems to be addressed with these project funds are: to improve public access to
an underutilized coastal resource (Clearwater Harbor), and to retain an existing working
waterfront that would contribute to the local economy and area character as both a commercial
fishing/seafood processing operation and as a tourist attraction. Additionally. the existing
Clearwater Marin,a facility has 210 berths, of which 24 are transient berths, and can accommodate
vessels up to 130 feet in length. This facility has a waiting list of over 90 boaters looking for n
slip in the 30' to 36' range - and many of these boat owners have been waiting several years for a
slip to become available.
The existing situation in the project area involves a number of deteriorating, dilapidated private
marinas that do not provide or facilitate public access to Clearwater Harbor and which restrict the
expansion and operation of the commercial fishing dockage/seafood processing facility that exists
in this area. These private marinas contribute negatively to the character of the area and create
environmental and navigation hazards. Further, upland stomlwater retention does not exist
adjacent to these rnari~as. Environmental engineering is needed to develop appropriate
alternatives to resolve envirornnental nnd navigational issues, while providing public access and
, retention of the working waterfront.
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Proposed Solution:
The City of Clearwater proposes to retain the services of a qualified environmental
engineering consultant to perform the following tasks:
. Survey the existing situation, identifying and inventorying existing environmental
and navigational problems and identifying the existing and future needs of the
current working waterfront operation.
. Identify methods of enhancing public access, retaining of working waterfront
features that, are in keeping with anticipated and planned adjacent upland
redevelopment, reducing point sources of pollution from the existing marina
operation, improve the upland stormwater runoff situation, and promoting the
proposed HarborWalk project as a waterfront attraction for residents and tourists.
. Develop design alternatives to address problems and opportunities identified in
previous steps. Rank design alternatives and order a satisfactory resolution of
problems and the soccessful meeting of the community objectives in the areas of
public access, worldng waterfront retention, stonnwater retention, point source
pollution reduction, and contribution to the character of the character of the area.
. Identify permitting issues and solutions/mitigation requirements.
. Develop a feasibility study to determine the redevelopment potential for the
HarborWalk project.
Further, the City of Clearwater has demonstrated a strong commitment to improving
the water quality of Clearwater Harbor. Last year, with the help of funding from the
State of Florida, the City installed a vacuum sewage pump out system at the Clearwater
Municipal Marina. This pump out system provides a hook-up to each boat slip at the
marina along the main and east docks for the removal of sewage from vessels. The
marina also offers free pump outs to any boater coming to the Clearwater Marina. The
City will continue this strong commitment to improve water quality in Clearwater
harbor with any new construction.
The City has prepared a redevelopment analysis that shows strong market potential for
redevelopment which would include the working waterfront area. Further economic
development data will be collected and included in the final feasibility study for this
project. The City has begun the process of determining the area's eligibility under the
Community Redevelopment Act: this process will be brought to conclusion on or prior
to June 1997. The working waterfront grant will be used as part of tllat overall
redevelopment plan if awarded. The project in
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09/19196
question, HarborWalk, is regarded as a very high priority project for the redevelopment of
Clearwater beach.
The proposed planning and project (HarborWalk) are compatible with the City of Clearwater
Comprehensive Plan. Applicable policies are provided below.
Future Land Use Element - Policy
2.1.1. Renewal ofthe beach tourist district shall be encouraged by consideration of maintenance
of existing densities, selection of a design theme, innovative shared parking solutions,
establishment of mainland employee park~and-ride lot, possible land acquisition,
transportation improvements, and establishment of a community redevelopment area or areas.
Coastal Zone Management Element - Obiectives and Policies
19.7 Objective - Potential redevelopment areas have been determined to be Clearwater beachlEast
Shore Drive (boundaries: S. R. 60, Poinsettia Street, Baymont Avenue, and Clearwater
Harbor), Clearwater beach/marina area, BayfrontIN. Osceola, and Clearwater beachlMandalay
Avenue North (boundaries: Bay Esplanade, Poinsettia Avenue, Somerset Street, and the rear
of properties fronting on MandaIay Avenue). By 1991, redevelopment strategies, procedures,
and programs for at least two (2) of these areas shall be adopted.
21.2.1. Priorities for shoreline uses shall be water-dependent uses, water-related uses, and
residential development. All priorities shall be considered in redevelopment programming,
land use planning, and infrastructure development. Water-related uses are defined, in order of
priority, as public parking/support facilities, commerciaYtourist facilities, marine sales and
service, and marine products/processing.
21.2.2. Water-dependent uses shall be sited consistent with the current view corridor provisions in
the Land Development Code which preserve a view corridor across the property. Water-
dependent and water~related uses shall provide on-site detention of stormwater consistent
with current development regulations. Specific perfonnance standards for shoreline uses and
marina siting shall be established in the revisions to the Land Development Code which shall
be prepared by May, 1990.
21.2.4. Upland support services, including ~dequate parking, loading, and clean~up and
maintenance areas, shall be provided on site for new or expanded marinas. Iflocated adjacent
to residential land uses, hours of operation may be reasonably limited, Permitting for new .
marinas shall consider distance from grass beds, protection of water quality, need for
construction and maintenance dredging, spoil disposal, protective status, and ownership of
bottom lands,
21.2.S. Marina siting and planning shall consider marinas in general to be beneficial use which
augments the tourist and leisure facilities in Clearwater. Marinas, which afford access or
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09/19/96
opportunity to the general public at a reasonable cost, shall be considered more beneficial than
those which are established solely for the benefit of members.
Conservation Element - Policy ,
23.1.2, The use of natural alternatives, the conservation of natural drainage systems, and the
protection and improvement of the quality ofrecciving waters shall be a goal of the City
stonnwater management plans.
Recreation and Open Space Element - Policies
24.4.2. Pursue the creative use of open space areas and creative development practices
throughout the city in order to provide visual relief from urban monotony.
24.4.9. Coordinate recreation planning with other plans concerning water quality, fish and wildlife
management,. and enviromnental education.
The proposed project meets the foUowing priorities identified in the Notice of Availability of
Funds: '
Access to Coastal Resources - Provide improved access to Florida's natural and cultural coastal
resources for all of Florida's residents and visitors.
Working Waterfront Revitalization - Facilitate the development of efforts (public/private
partnerships) to renew and sustain the physical and economic vitality of working waterfront
neighborhoods in Florida.
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Interoffice Correspondence Sheet
To:
Mayor and City Commissioners
From:
Tom Miller, Assistant Director of Engineering/Environmental
Michael Roberto, City Manager
Kathy Rice, Deputy City Manager
Cyndie Goudea~, City Clerk
CC:
Rich Baier, City Engineer
Date: ' September 18, 1997
RE: Appointment of EAB Board Members
The Environmental Advisory Board (EAB) discussed an unscheduled matter before the Board
regarding the possible reorganization of City boards, raised by a member of the EAB at the
regular meeting of the Board on September 17, 1997. As a result of that discussion, the EAB
unanimously approved the following motion upon second:
NThe Environmental Advisory Board urges the City Commission to aI/ow the EAB to remain a
seven member body. " I '
Please accept this Board recommendation in advance of the final minutes being produced,
since the Board understands that a determination by the Commission related to this subject
would be forthcoming at the September 18, 19'97 City Commission meeting.
Furthermore, members Mike Foley and Allan Stowell expressed their desire to again be
appointed to the Board should that .also be considered by the City Commission at this evenings
meeting.
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RESOLUTION NO. 97~55
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, DELEGATING THE AUTHORITY TO
AUTHORIZE AND SIGN REQUESTS TO TftE
FLORIDA DEPARTMENT OF TRANSPORTATION
FOR TEMPORARY CLOSING AND SPECIAL USE
OF STATE ROADS TO THE CITY MANAGER;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is required by Florida Department of
Transportation (FOOT) rules to submit a request to FOOT for the temporary
closing and special use of state roads; and
WHEREAS, the City Commission desires to delegate the authority to
authorize and sign such requests to the City Manager; now, therefore,
, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Manager is hereby authorized to approve and sign all
requests to the Florida Department of Transportation for temporary closing and
special ~se of state roads.
Section 2. This resolution shall take,effect immediately upon 'adoption.
, PASSED AND ADOPTED this
day of
,1997.
Rita Garvey, Mayor~Commissioner
Approved as to fonn:
Uj~ ·
Pamela K.' A n, City Attorney
Attest:
Cynthia E. Goudeau. City Clerk
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Res'olution No. 97.55
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Peliminary Agenda
(W orksession)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, September 15, 1997
following closed attorneylclient session which begins at 9:00 a.m.
I. Service Awards
II. Convene as CRA
III. Reconvene Worksession
FN FINANCE
1. Res. #97-54 - providing for sale of not to exceed $9,000,000 Gas System Revenue Bonds,
Series 1997A and $17,500,000 ,Gas System Revenue Refunding Bonds, Series 19978
2. Purchase of property, casualty, liability, workers' compensation, & flood insurance coverage for
FY 1997~98, not to exceed $900,000
3. Agreement with First Union Capital Markets Corp. for City's Financial Advisor (Consent)
4. Banking Services Agreement with Barnett Bank, 3 years commencing 10/1/97, est. $90,000
annually (Consent)
GS GENERAL SERVICES
1. Contract for parts, services, & hardware supplies for City vehicles & equipment, Anderson Auto
Parts, Inc., 9/22/97-9/21199, with option to renew for 3 additional 1 year periods upon mutual
consent, at 2 year est. cost not to exceed $1,410,000
2. Addition of MSB to custodial service contract with Triangle Maintenance Services, 8/1/97w
7/31/98, adding $45,340 increasing total to $111,160 (Consent)
3. Contract for purchase of a 1997 One Ton High Cube Van equipped with a TV Inspection System
for sewer & pipe lines be awarded to Cues, cost not to exceed $90,400: funding to be provided
under City's master lease-purchase agreement for $75,400 and Public Service's operating budget
for $15,000
HR HUMAN RESOURCES
1. Renewal - long term disability (L TO) insurance for employees not covered by City's Pension Plan,
Provident Life and Accident Insurance Company, 11/1/97-10/31/99, est. $61,968 (Consent)
MR MARINE
1. License Agreement, Anderson Bay Cruises, Inc., 10/1/97-913012002 (Consent)
EN ENGINEERING
1. Public Hearing & First Reading Ord. #6189-97 - Vacating N 8' of 25' drainage & utility easement
lying along S side of Lot 66 Windsor Park 1 st Addition (Richard & Doris Harding, Jr., V97 -13)
2. Public Hearing & First Reading Ord. #6190-97 - Vacating 20' drainage & utility easement lying
along N side of Lot 14, less westerly 15': and vacate 5' drainage easement lying along E side of
said Lot less southerly 10' thereof; together with; 20' drainage & utility easement and 5'
drainage easement, both lying along W side of Lot 13, less northerly 12' and southerly 10'
thereof, The Reserve Sub. (William & Debra Baumgart, V97-14)
3. Increase existing contract with Dravo Lime Company for quicklime for Water Pollution Contra!
Division, by est. $442,080, for total est. $884,160
9/1 6/97
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'CP CENTRAL PERMITTING
1. Variance(s) to Sign Regulations for property located at 1239 Ewing Ave., Milton Park, Blk 12,
south 77' of Lot 1 (Ralph & Vanessa Rophie, SV97-1 1)
CM ADMINISTRATION
1. Cooperative Agreement, FDCA, Coastal Management Program, for development of Clearwater
Harborwalk Project, total cost $100,000 of which City share for this phase shall not exceed
$ 50,000 (Consent)
2. 1996-97 Third Quarter Review
a) First Reading Ord. #6183-97 - Amending Operating Budget for Fiscal Year ending 9/30/97
b) First Reading Ord. #6184-97 - Amending Capital Improvement Program Report and Budget for
Fiscal Year ending 9/30/97
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6171-97 - Relating to Ch. 33, deleting Sees 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
2. Ord. #6177-97 - Annexation for property located at 2096 Gentry St" NE % Pinellas Groves, part
of Lots 5 & 12 (Gregory & Peggy Zukowski, A97-09)
3. Ord. #6178-97 - IL Zoning for property located at 2096 Gentry St., NE Y. Pinellas Groves, part of
Lots 5 & 12 (Gregory & Peggy Zukowski, A97-09)
4. 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, V97~1 0)
5. 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)
6. Ord. #6185-97 - declaring millage rate to be levied for FY beginning 10/1197 and ending 9/30/98,
for operation purposes including pensions & debt service, and road maintenance for capital
improvement expenditures at 5.1158 mills
7. Ord. #6186-97 - adopting an operating budget for FY beginning 10/1/97 and ending 9/30/98
8. Ord. #6187-97 - adopting the CIP budget for FY beginning 10/1197 and ending 9/30/98
9. Ord. #6188-97 - providing for advance refunding of the outstanding Gas System Revenue Bonds,
Series 1994A
Resolutions
1. Res. #97-55 - Delegating the authority to authorize and sign requests to the FOOT for temporary
closing and special use of state roads to the City Manager
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
1 . Set Strategic Planning Special Worksession
Presentation{s) for Thursday Night
1. Harborview Center - Business Overview
Other Commission Action
Adjourn
9/15/97
2
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