01/21/1999
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1-21-99
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.City Commission
Meeting
1-21-99
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.~:. " "note:, 1~19-99Preliminary (Worksession) Agenda and paperwork
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 21, 1999 - 6:00 P.M. - Commission Chambers
1. Invocation - Skycrest Baptist Church Minister.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards
a) Proclamation: Junior League of Clearwater/Dunedin - 50th Anniversary - December 1998.
5. Presentations
a) Turkey Trot Awards - Iron Turkey to Public Works Administration; Stuffed Turkey to Human
Resources Department.
b} Beach Entryway Roundabout Progress Report - Given.
6. Approval of Minutes - Regular Meeting 1 2/10/98 - Approved as submitted.
7. Citizens to be heard re items not on the Agenda
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Rov Cadwell welcomed the new year, congratulated Commissioner Seel re Governor appointing
her to County Commission, and objected to utility charges while he lived elsewhere.
Anne Garris reviewed the history of the Memorial Civic Center, noted the effects of its loss, and
encouraged its timely replacement.
Carl WaQenfohr submitted an article re roundabouts and said they should not be elliptically
shaped.
Rick Barber requested a list of guidelines re permitted signage.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing & First Reading Ords. #6362-
99 & #6363-99 - Annexation & RS-8 Zoning
for property located at 1220 Stockton Dr.,
Stevenson's Heights, Blk C, Lot 8 IFannie
Fleming, A98-30HPlD)
9. Public Hearing & First Reading Ords. #6364-
99 & #6365-99 - Annexation & RS-6 Zoning
for property located at 2185 Burnice Dr.,
Glen Ellyn Estates, Lot 32 (David & Margaret
Clark and David & Daria Warner, A9S-
31 )(PlD)
10. (Cont. from 1 2/10/98) Public Hearing & First
Reading Ord. #6361-99 - Vacating E Y2 r-o-w
of N. Prospect Ave.., lying north of Laura
Street and City's request to vacate W Y2 r-o-
w of N. Prospect Ave., lying north of Laura
Street, subject to retaining a 10' drainage &
utility easement (Theta Homes, V98-09) IPW)
1/21/99
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8. Approved. Ords. #6362-99 & #6363-99
passed 1 st reading.
9. Approved. Ords. #6364-99 & #6365-99
passed 1 st reading.
10. Approved. Ord. #6361-99 passed 1 st
reading.
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11. Public Hearing & First Reading Ord. #6383-
99 - Vacating 5' Utility Easement lying along
rear of Lots 1-13,' Blk E, Hibiscus Gardens
(Cleveland Plaza, Ltd., V9S-01 HPW)
12. Public Hearing & First Reading Ord. #6384-
99 - Vacating W 2.5' of 10' Drainage &
Utility Easement lying along E side of Lot
473, Morningside Estates, Unit 68, less
northerly 5' (Dunham, V9S-02)(PW)
1 3. Public Hearing & First Reading Ord. #6385-
99 - Vacating 3' x 20' Utility Easement lying
along easterly lot line of Lot 37, Ambleside
First Addition (Polgtaze, V99-03) (PW)
14. Public Hearing - South Greenwood
Neighborhood Police Substation & Family
Service Center - accept donation of and
declare surplus real property located at NW
corner of S. Greenwood Avenue & Woodlawn
Street from CommunitY Service Foundation;
waive $13,108 in city demolition & lot
clearing liens; approve 1 year lease to
Community Service Foundation to build a
family center; authorize up to $100,000 in
Capital Improvement Funds to build district
parking lot & landscaping; and approve a 30
year lease with Foundation Village
Neighborhood Family Center, Inc. IPLD)
15. Public Hearing & Second ReadinQ Ord.
#6348-99 - new Community Development
Code (PLD)
16. Public Hearing & First Reading Ords. #6366-
99 & #6367-99 - Land Use Plan Amendment
to Institution'al & PISP Zoning for property
located at 902, 904 & S06 Grant St., First
Addition to Norwood, Blk B, Lots 1-3 {James
& Bonnie Jackson, Ester Hunt, & Saint John
Missionary Baptist Church of Clearwater.
Inc., LUP98-11, Z98-1 31 (PLD1
17. Variance(s) to Sign Regulations for property
(Winn Dixie) located in Northwood Plaza
Shopping Center, 2514 McMullen Booth
Road, Sec. 28-28-16, M&B 33.02 (John
Hancock life Insurance Co., SV98-24)(PLDI
18. Public Hearing & First Reading Ord. #6368-
99 ~ Readopting the Land Use Plan
Amendment previously adopted by Ord.
#6172-97, to Recreation/Open Space and
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11. Approved. Ord. #6383~99 passed 1 st
reading.
12. Approved. Ord. #6384~99 passed 1 st
reading.
13. Approved. Ord. #6385-99 passed 1st
reading.
14. Donation accepted; property declared
surplus; liens waived; CSF lease approved;
funding for parking lot and landscaping
authorized; and Foundation Village lease
approved.
15. Ord. #6348-99 adopted as amended.
16. Approved. Ords. #6366-99 & 6367-99
passed 1 st reading.
17. Continued to 02/04/99.
18. Approved. Ord. #6368-99 passed 1 st
reading.
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Preservation for property located at 2950
Drew Street, Sec. 8-29-16, M&B 44.01 (City
of Clearwater, LUP97-07)(CA)
Public Hearing - Second Reading Ordinances
19. Ord. #6353-99 - Amending Ch. 33, Sec.
33.067, relating to waterways and vessels to
amend defined areas for speed restrictions of
vessels (extends wake zone in Mandalay
Channel by approx. 600 yards north of
Memorial Causeway to a point marked by
Mandalay Channel Daybeacon # 1 )
,20. Ord. #6354-99 - Annexation for property
located at 148 Baywood Ave., Eastwood
Terrace 2nd Add., Blk Dr Lot 25 (Julian &
Pauline Bridges, A98-28)
21. Ord. #6355-99 - RS-6 Zoning for property
located at 148 Baywood Ave., Eastwood
, Terrace 2nd Add., Blk D, Lot 25 (Julian &
Pauline Bridges, A98-28)
22. Ord. #6359-99 - Vacating N 5' of 10/
, 'Drainage & Utility Easement lying along south
side of Lot 6, Blk H, Northwood Estates -
Tract F, less easterly 5' (Erickson, V9B-07)
, 23. Ord. #6360-99 - Vacating 10' Utility
Easement lying along south side of Lot 16,
Forest Estates (Cooley, V98-08)
24. Ord. #6371-99 - Submitting to the City
Electors proposed non-substantive
amendments to the City Charter
25. Ord. #6372-99 - Submitting to the City
Electors a proposed amendment to the City
Charter amending Sec. 1.01 to transfer
certain language contained in subsection (d)
to subsection (a) and to clarify subsection (b)
to allow the City to exercise its powers,
perform its functions, and participate in the
financing thereof, with any person as defineq
by law
26. Ord. #6373-99 - Submitting to the City
Electors proposed amendments to the City
Charter amending Sec. 2.01 (d) regarding
limitations on Commission power to eliminate
charter restrictions on purchasing of goods
and services; to increase amount of dredging
permitted without referendum; to permit the
1/21/99
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19. Ord. #6353-99 adopted.
20. Ord. #6354-99 adopted.
21. Ord. #6355-99 adopted.
22. Ord. #6359-99 adopted.
23. Ord. #6360-99 adopted.
24. Ord. #6371-99 adopted.
25. Ord. #6372-99 adopted.
26. Ord. #6373-99 adopted as amended.
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sale, lease or donation of real property for
less than appraised value; to limit leases of
> municipal property to 30 years; to eliminate
the requirement of recapture and reverter
" clauses in leases; making certain non-
substantive changes
27. Ord. #6374-99 - Submitting to the City
Electors a proposed amendment to the City
Charter amending Sec. 2.03 to permit a
Commissioner or Moyor-Commissioner to
serve two full terms in addition to any partial
term, and to provide that Commissioners
shall be sworn in at the next Commission
meeting following their election; and other
non-substantive changes.
28. Ord. #6375-99 - SUbmitting to the City.
Electors proposed amendments to the City
Charter amending Sec. 2.07(e) and m to
eliminate the Charter restrictions on Advisory
Boards; amending Sec. 3.03 (f) to require the
City Manager to make annual comprehensive
reports; amending Sec. 4.02 regarding City
Attorney to eliminate certain requirements;
amending Sec. 6.09 regarding ordinances
adopted by initiative or repealed by
referendum; amending Sec. 8.02 regarding
nonpartisan elections to address advertising
under the control of the candidates
29. Ord. #6376-99 - Submitting to the City
Electors a proposed amendment to the City
Charter amending Sec. 7.02 to change the
composition of the Charter Review
Committee; to require that the charter
amendments proposed by the committee be
submitted directly to referendum
30. O,d. #6377-99 - Submitting to the City
Electors a proposed amendment to the City
Charter repealing Article IX, Fiscal
Management Procedures, to eliminate the
requirement of a referendum for revenue
bond projects in excess of one million dollars
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1/21/99
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27. Ord. #6374-99 adopted.
28. Ord. #6375-99 adopted as amended.
29. Ord. 116376-99 denied.
30. Ord. #6377~99 adopted.
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CITY MANAGER REPORTS
CONSENT AGENDA {Items #31-44} - Approved as submitted less Items #31 (Interprint, Inc.) & #37.
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.
31. Aoproval of Purchases Der 1 2/31/98 memorandum: Approved except Interprint Inc. purchase
St. Petersburg Times, advertising services, 1/22/99-12/31/99, est. $30,000 (PCM)
Coastline Equipment Company, Inc., one 1999 Case 580 Super L. tractor/backhoelloader
(previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to
be provided under City's Master lease-Purchase Agreement (GSSI
Bill Currie Ford, three ') 999 Ford F-250 pickup trucks (1 replacement & 2 previously approved
additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to
be provided under City's Master lease-Purchase Agreement ($21.624) & cash ($43,248)(GSS)
Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to
be provided under City's Master lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS)
Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for
use by PW/Water Distribution, $23,222; funding to be provided under City's Master lease-
Purchase Agreement (GSS)
Maroone Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks
Maintenance & Nursery, $42,466; funding to be provided under City's Master lease-Purchase
Agreement (GSS)
Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS
Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's
Master lease-Purchase Agreement (GSS)
Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police
Department, non-scheduled replacement for an accident destroyed vehicle, $24,465; funding to
be provided under City's Master lease-Purchase Agreement (GSS)
Oakhurst Construction, design. construction & installation of pre-manufactured metal building at
E.C. Moore West Complex, $54,285.11 (QOL) .
Duval Ford, three 1999 Ford Taurus sedans (replacement) for use by Police/Criminal
Investigation, $45,569; funding to be provided under City's Master lease-Purchase Agreement
(GSS)
Garber Buick-Pontiac-G MC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative
vehicles (replacement), est. $46,482; funding to be provided under City's Master lease-Purchase
Agreement (GSS)
M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System,
1/22/99-1/31/2000, est. $40,000 (GAS)
Progressive Industrial, one 1999 Marina Work Boat, $66,000 (QOL)
Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW)
1/21/99
5
Interprint Inc., Clearwater Magazine for distribution to citizens of Clearwater, 1/22/99-10/31/99,
est. $89,689 (a printing contract was awarded to Pinellas Press on 11/19/98 however contractor
provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues
during fiscal year)(PCM) - CONTINUED TO DATE UNCERTAIN.
Comark Government Sales, one HP Netserver LH3 PII Mod 1 PED, computer hardware server for
use at MSB by IT personnel, $44,994 (GSS)
RDP Company, replacement & overhaul parts for heating elements used at NE Residuals
processing Facility of WPC, $66,266 (PW)
Bell Chevrolet, one 1999 Chevrolet CC15703 1h: ton pickup (replacement) for use by
Police/Office of Professional Standards, $16,038; funding to be provided under City's Master
lease-Purchase Agreement (GSS)
Teco, Inc., one 1999 Navistar 4700 truck (replacement) with aerial Jift for use by PW/Urban
Forestry, $83,157; funding to be provided under City's Master Lease-Purchase Agreement (GSS)
Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by
Police/Criminal Investigation, $29,624; funding to be provided under City's Master lease-
Purchase Agreement (GSS)
Miracle Recreation Equipment Company clo Miller Recreation Equipment and Design, Inc.,
purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther
King Playground, $30,660.41 (QOL)
Swartz AssociateR, Inc., purchase & installation of playground equipment (replacementl to be
used at Coachman Ridge Park, $28,562.84 (QOL)
Approve funding in the amount $21,191 for one 1999 Dodge pickup truck through City's Master
lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code,
however, was on the replacement list for the current fiscal year. The new vehicle has been
received from Hill-Kelly Dodge, Inc.)(GSS)
32. Accept Quit Claim Deed for property located at 1108 N. Greenwood Ave., Greenwood Manor, N
32' of lot 2 less road, Lot 4 less road, and E 65' of Lot 5, $11,397.66 (ED)
33. Contracts to: Prototype Inc.. "Fleet Anywhere" fleet management software system, $142,800;
Comark Government and Educational Sales, computer hardware, $est. $72,000; and Oracle
Corp., database software, est. $30,000 - for total est. $244,800 (GS)
34. Agreement with Career Options of Pinellas, Inc., administer City's Summer Youth Employment
Program, $150,000 (HM)
35. Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by Clearwater Housing
Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIPHPD)
36. Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet~GEO, Inc., utilizing funds available
in 1997-98 Local law Enforcement Block Grant awarded by US Dept. of Justice / Bureau of
Justice Assistance, $28,669 (PO)
37. Contracts to Hootie and the Blowfish ($100,000) & The Beach Boys ($55,000) for concert
performances on 3/26/99 & 3/28/99; approve est. budget of $311,440; and authorize $311,440
from Vision Funds (PR) - APPROVED with Beach Boys Contract of $60,000.
38. Approve recommendations, agreement & release of funds in the amount $50,000 for Clearwater
Marine Aquarium improvements (TR)
39. Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue,
George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for
$9,023 plus est. closing expenses of $675, for total not to exceed $9,698 (PW)
40. Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71 (PWI
1/21/99
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41. Contract for Jeffords Street Lift Station #7 (Drainage, Gravity Sewer, Force Main & Water Main
Improvements), Steve's Excavating & Paving, Inc., $737,000 (PW)
42. Receipt/Referral - Relating to Building Permit Regulations; amending Ch. 47 by creating new Sec.
47.084 to require demolition fencing (PLD)
43. Interlocal Agreement with Town of Belleair for City to provide building construction inspection
services at the cost of $25 per inspection, 10/1/98-9/30/99 (PLD)
44. Authorize hiring Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for consulting
on matters involving Police Department and potential civil rights litigation (CA)
OTHER ITEMS ON CITY MANAGER REPORT
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45. Clearwater Block Party Day - set date &
name change
46. Res. #99-02 - Establishing intent to
reimburse certain project costs incurred with
proceeds of future tax-exempt financing;
authorizing a Public Hearing; providing certain
other matters in connection therewith (Bond
Reimbursement for Housing Revenue Bonds -
Oaks of Clearwater) (FN)
47. First Reading Ord. #6370.99 - Authorizing
-issuance of not to exceed $35 million
Housing Revenue Bonds (BEF, Inc. Project) in
one or more series to be applied to pay a
portion of the cost of the acquisition and
rehabilitation of the Oak Cove and Bluff Cove
buildings; providing for payment of the bonds
from the revenues of the project financed
therewith and certain other legally available
funds; authorizing approval of the form of the
financing documents by resolution; making
other covenants and agreements in
connection therewith (FN)
48. Res. #99-12- Establishing the intent to
reimburse certain Infrastructure Sales Tax
Revenue project costs incurred with proceeds
of future tax-exempt financing (FN)
49. Contract for Clearwater Airpark installation of
Runway & Taxiway Lighting System, H.L.
Pruitt, Inc., $185,645.90 (PW)
50. Beautification Committee - 2 appointments
(elK)
51. Parks and Recreation Board - 1 appointment
(elK)
52. Other Pending Matters
1/21/99
45. Set for 04/10/99, 11 a.m. to 7 p.m. Name
"Celebrate Clearwater Neighborhoods Day".
46. Res. #99-02 adopted.
47. Ord. #6370w99 passed 1 st reading.
48. Res. #99-12 adopted.
49. Approved.
50. Continued to 02/04/99.
51. Continued to 02/04/99.
52. None.
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CITY ATTORNEY REPORTS
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53. Res. #99~03 ~ Supporting Pinellas Suncoast 53. Res. #99-03 adopted as amended.
. Transit Authority's efforts to obtain a
permanent stop at Tyrone Square Mall
54. Res. #99-04.- Assessing property owners the 54. Res. #99-04 adopted.
costs of having mowed or cleared owners'
lots
55. Other City Attorney Items 55. None.
56. City Manager Verbal Reports - None.
57. Other Commission Action
Clark, Hooper. Johnson. and Garvev congratulated Seel on her appointment to the County
Commission, wished her well, and thanked her for her many contributions.
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HooDer said the Martin Luther King Day celebration had included a full day of activities and a well
attended march.
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HOODer said pending legislation related to Police/Fire pensions will have no cost effect on Florida
cities.
Johnson was pleased a toll will not be charged on the connection between the Courtney
Campbell Causeway and Interstate 275 in Tampa.
Johnson congratulated Lt. Tom Allegretti who was named Firefighter of the Year.
Garvev invited the public to Saturday's Farmers Market at Station Square Park.
Seel stated this is her last meeting as a City Commissioner. She reviewed highlights of her
tenure and thanked her family, the Commission and staff.
58. Adjournment - 11 :00 p.m.
1/21/99
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CITY OF CLEARWATER
Interdepartmental Correspondence
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TO: Mayor and Commissioners
FROM: .. Cynthia E. Goudeau, City C~
SUBJECT: Follow up from January 19, 1999 Work Session
COPIES: Michael J. Robertot City Manager
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DATE:
January 20, 1999
In response to questions raised at the January 19, 1999 Work Session, the following answers are in
final agenda order:
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Item #31 - Purchasing
the difference in pricing between Item #5 and #8 is that the trucks in #5 have some
optional equipment included while those in #8 come with standard equipment only.
The police cruiser being replaced was fully destroyed and $10,702 has been received
from -State Fann Insurance in settlement of our claim.
Item #37 - Hootie and the Blowfish - the item has been amended to show the budget amount
coming from vision funds. We are still hopeful the Beach Boys contract will be received prior to
tomorrow night's meeting.
Item #39 Right-of-Way for Madison/Gould - Prices paid for other parcels are: 2,000 sq. ft. from
Ellis & Co. at $7.00/sq. ft.; 1000 sq. ft. from Munyan at $4.02/sq. ft.; and 1000 sq. ft. from Suto
Cooling & Exhaust at $4.301 sq. ft..
Item #40 - Sidewalk contract - the contract does not include any work at the Long Center but does
include gaps along school routes. No new sidewalks will be done unless at least 51 % of the
residents in the area approve.
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CITY OF, CLEARWATER
Interdepartmental Correspondence
TO: . Mayor and Commissioners
FROM: . Cynthia E. Goudeau, City C~
SUBJECT: Follow up from January 19, 1999 Work Session
COPIES:' Michael J. Roberto, City Manager
DATE:
January 20, 1999
In response to questions raised at the January 19, 1999 Work Session, the following answers are in
final agenda order:
Item #31- Purchasing
. the difference in pricing between Item #5 and #8 is that the trucks in #5 have some
, optional equipment included while those in #8 come with standard equipment only.
The police cruiser being replaced was fully destroyed and $10,702 has been received
, from State Fann Insurance in settlement of our claim.
Item #37 - Hootie and the Blowfish - the item has been amended to show the budget amount
coming from vision funds. We are still hopeful the Beach Boys contract will be received prior to
tomorrow night's meeting.
Item #39:Right-ofMWay for Madison/Gould - Prices paid for other parcels are: 2,000 sq. ft. from
Ellis & Co. at $7.00/sq. ft.; 1000 sq. ft. from Munyan at $4.02/sq. ft.; and 1000 sq. ft. from Suto
Cooling & Exhaust at $4.30/ sq. ft..
Item #40 - Sidewalk contract - the contract does not include any work at the Long Center but does
include gaps along school routes. No new sidewalks will be done unless at least 51 % of the
residents in the area approve.
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Cl T Y OF C LEA R W ATE A
I nte rdepa rtme ntal Corresp ond ence
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TO: .
, Mayor Garvey
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SUBJECT:
f]ally Thomas,' City Clerk Specialist,'
Imioqation
": " FROM:
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Cynthia Goudeau,' City Clerk
, January' 21 , 1999
COPIES:
, "
DATE:
, '
Tonight.s I~vocation will be offered by Pastor Gene White, Skycrest Baptist Church.
125 N. ~elcher Rd., 33765
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item H:
Final Agenda Item /I
Meeting Date: 1/19/99
1/21/99
SUBJECT/RECOMMENDATION:
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater.
IBJ and that the appropriate officials be authorized to execute same.
SUMMARY:
5 Years
Jack D. Bryant
Barbara Moon
Marine
P&R
10 Years
Marie E. Orsello
Robert T. Garrett
James H. Pedley
Michael W. Murray
PDS
PWA
General Support Services
}
Finance
15 Years
Beverly K. Howard
Solid Waste
20 Years
Offie L. Cobb, Jr.
Solid Waste
25 Years
Ellen E. Foster
Raymond E. Cunningham
Gas
General Support Services
Reviewed by: Originating Department: Costs: Commission Action:
IAgal NA HUMAN RESOURCES $ o ApproYed
Bud"et NA Total o Approvad w/Condltlon.
Purch..ln" NA User Department: o Denied
RI.k M"mt. NA Current FllcDI Year o Continued to:
IS NA FundIng Source:
ACM NA o ClpllallmpfOVllmtnt:
Other NA Advertised: 0 Operallng:
Dltl: 0 Attachments:
Othar: Pension
Peper:
Submitted by: 0 Not Required Appropriation Code
Affected Partlel:
0 Notified o None
City Mln.~' , CI Not Required
-0 Prlnt.d on r.cycled pap.r
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TO: ' Rita Garvey, Mayor
", FROM:
COPIES:
. Betty Blunt, Confidential Clerk
City Commissioners, Michael Roberto, Cyndie Goudeau
SUBJECT: ' Presentations at the January 21, 1999 City Commission meeting
DATE:
January 21, 1999
The following presentation will be made at the January 21, 1999 City Commission meeting.
PROCLAMATION:
Whitney'Gray - Junior League of Cleanvatcr-Dunedin 50th Anniversary
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Clearwater City Commission
p L1:) :t- Agenda Cover Memorandum
Worksession Ilem If:
8
Final Agenda Hem If
Meeting Dale:
1/21/99
SUBJECT:
· Annexation and Zoning Atlas Amendment for 1220 Stockton Drive; Owner: Fannie Fleming
(A98~30)
MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single Family
ResidentialllEight" (RS~8) for Lot 8, Block C, Stevenson's Heights Subdivision, and pass Ordinances No.
~362M99 and 6363-99 on first reading.
I!l and that the appropriate officials be authorized 10 execute same.
SUMMARY:
. The application involves the annexation of a single family residential property in order to obtain
garbage collection service from the City. The subject property is located approximately 70 feet east of
Stevenson Drive. The applicant is already receiving sanitary and water services from the City and is
being billed for these services. According to the City Utilities Department's records, the applicant
started payment for these services to the City on December 24, 1990. The applicant's payment history
is excellent as confirr:ned by the Utilities Department.
. Assessed value of the property is $34,200.00. Yearly taxes paid amount to $758.51.
. The Planning and Zoning Board held a public hearing on this application on December 15, 1998 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-
.Family ResidentialllEighf' (RS-8) to the City Commission,
Reviewed by: Originating Cept: Costs
Leoal /iM: Info Srvc PLANNING & 0 TOlal
SERVICES
Budget N/A Public Works ~ Usor Dept. Funding Source:
PLANNING ~PMENT
SERVICES
PurchasIng N/A DCM/ACM Current FY CI
Risk Mgmt N/A Other Attachments OP
ORDINANCES NO. 6362-99 & Olher
6363-99
ZONING MAP
UTILITIES MAP
.}- LOCATION MAP
r
Submitted by: (Y'~ R o None A ro riation Code:
City Muneger
~ Prm e on recycled paper Rev. 2196
MEMORANDUM
PLANNING AND DEVELOPMENT SERVICES
TO:
City Commission
FROM:
Ralph Stone, Planning Director
THROUGH:
Mike Roberto, City Manager
PLANNER
INwCHARGE:
Etim S. Udoh, Senior Planner
DATE:
December 7 . 1998
SUBJECT:
Proposed annexation of single family residential property at 1220 Stockton Drive
A. BACKGROUND INFORMATION:
. Applicant (s):
Fannie Fleming
. Location:
This property is located at 1220 Stockton Drive, approximately 70 feet east of Stevenson Drive
. Legal:
Lot 8, Block C. Stevenson's Heights Subdivision
. Existing Zoning and Future land Use of Applicant's and Surrounding Properties
LOCATION IN CITY FUTURE LAND ZONING ACTUAL USE
OR USE PLAN
COUNTY CATEGORY
Subject
Property County Residential Low R-3 Single family residential
(Existing)
Subject
Property City Residential Low RS-8 Single family residential
(Proposed)
North County Residential Low R-3 Single family residential
South County Residential Low R-3 Single family residential
East County Residential Low R-3 Single family residential
West City Residential Low RS-8 Single family residential
A 98-30
Page 2
· Size of the Proporty:
0.18 acres
· Existing and Proposed Use of the Subject Property:
Single family residential .
· Proposed Zoning District:
Single Family ResidentialllEight" (RS-B)
. Code Section:
Section 37.21, Article" of Chapter 37
. Zoning Distri~t Restrictions:
DESCRIPTION RSwB EXISTING
REQUIREMENTS
Density 7.5 u. p.a. maximum N/A
Lot Area 5,000 sq. ft. minimum B,960 sq. feet
Lot Width at set back line 50 feet minimum 70 feet
Depth 80 feet minimum 128 feet
B. SUMMARY:
. The application involves the annexation of a singll3 family residential property in order to obtain
garbage collection service from the City. The subject property is located approximately 70 feet east of
Stevenson Drive. The applicant is already receiving sanitary and water services from the City and is
being billed for these services. According to the City Utilities Department's records, the applicant
started payment for these services to the City on December 24, 1990. The applicant's payment history
is excellent as confirmed by the Utilities Department.
. Assessed value of the subject property is $34,000.00. Yearly taxes paid amount to $758.51.
. The Planning and Zoning Board held a public hearing on this application on December 15, 1998 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-
Family Residential"Eight" (RS-8) to the City Commission.
C. FINDINGS OF FACT:
. Staff recommendation is supported by the following findings of fact:
1. Whereas, the applicant has submitted an application pursuant to Section 37.05 (1&2)(a-c) for a
voluntary annexation into the City of Clearwater in order to obtain garbage collection service from the
City; and
. 2. Whereas, the subject property is contiguous to the City's limit on the west, and therefore this
annexation will not create an enclave situation; and
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A 98-30
Page 3
3. Whereas, the annexation and zoning atlas amendment to Single Family Residential IIEight" (RS-8)
appear to meet the Standards of submission, review and consistency with other regulations as set forth
in Sections 37.05, 37.21 and 37.22 of the Land Development Code, Articles 1 & II of Chapter 37; and
4. Whereas, the proposed zoning district of Single Family ResidentialllEight" (RS-8) classification will be
I . consistent and compatible with the existing land use plan designation of residential low category under
I the Countywide Future Land Use Plan Classification; and
5. Whereas, the subject property is currently being used as a single family residential home and the use is
anticipated not to be changed; and
6. Whereas, there is sufficient sanitary sewer capacity available to serve this property; and
7. '. Whereas, the area where the subject property is located is seiVed by the Pinellas County Sheriffs
Department and will be served by the Clearwater Police Department upon annexation; and
. 8. Whereas, the subject property is currently within the Clearwater Fire District and will remain as such
after annexation, and therefore the annexation will not affect the fire rescue services currently
being provided; and
9. Whereas, emergency management service is already provided to this site and the current countywide
EMS millage of .7410 will continue to be levied on ad valorem basis; and .
10. Whereas, no other reviews are required either by the Pinellas Planning Council (PPC) or the
Department of Community Affairs (DCA) for this annexation; therefore
D. RECOMMENDATION:
. Based upon the analysis conducted, documentary evidence submitted by the applicant, and the findings of fact
listed above, staff recommends APPROVAL to the City Commission of the proposed Annexation and Zoning
Atlas Amendment to Single Family Residential "Eight" (RS-8),
. ABBREVIATIONS: R-3 = Residential, Single Family District (County); RS-8 = Single Family
ResidentialllEight" District (City) & u. p,a. = Residential units per acre.
CC A98-3D
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City of Clearwater
Interdepartmental Correspondence Sheet
TO:
Etim Udoh, Senior Planner. ~
Mike Quillen, Assistant Direclor ofEngineeringlProdUCtio~ r
FROM:
COPIES:
Mahshid Arasteh, Bureau Director, Engineering
Joe Reckenwald, WPC Superintendent
. .
.
SUBJECT: Annexation! Rezoning Requests
DATE: November 25, 1998
I
<' This memorandum is to. confirm that Public Works Administration has reviewed the
following annexation and/or rezoning requests, and that sufficient sanitary sewer capacity
is available to serve the properties. .
1. 902,.904 & 906 Grant Street- rezoning for church expansion.
C]) 1220 Stockton Drive- single family annexation.
3. 2185 Burnice Drive- single family annexation.
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ORDINANCE NO. 6362-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 70 FEET EAST OF STEVENSON DRIVE,
CONSISTING OF LOT 8, BLOCK C, STEVENSON HEIGHTS,
WHOSE POST OFFICE ADDRESS IS 1220 STOCKTON DRIVE,
CLEARWATER. FLORIDA, 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:
Lot 8. Block C, STEVENSON HEIGHTSt according to the map or plat thereof,
recorded in Plat Book 34, Page 13 of the Public Records of Pinellas County,
Florida. (A 98-30)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
SectIon 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, Including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of pjnellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
RIta Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sid
Assistant City Attome
Cynthia E. Goudeau
City Clerk
Ordinance No. 6362-99
... . .,';.;1.'-
ORDINANCE NO. 6363~99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CtlY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 70
FEET EAST OF STEVENSON DRIVE, CONSISTING OF LOT B,
BLOCK C, STEVENSON HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1220 STOCKTON DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS SINGLE FAMILY
RESIDENTIAL IlEIGHT' (RS~B); PROVIDING AN EFFECTIVE
DATE.
" WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
;s found to be reasonable, proper and appropriate, and Is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City Is
amended, as follows:
Property Zoning District
Lot 8, Block C, Stevenson Heights, according to Single Family Residential "Eight" (RS-B)
the map or plat thereof, recorded in Plat Book 34,
Page 13 of the Public Records of Pine lias County,
Florida (A 98~30)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoptionl contingent upon
and subject to the adoption of Ordinance No. 6362-99.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No; 6363-99
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PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
OWNER: Fannie Reming
ADDRESS: 1220 Stockton Drive
COUNTY:
CITY:
LAND USE PLAN
Residential Low
Residential low
ZONING
Rw3
RS 8
A: 98w30
PROPERTY DESCRIPTION: Stevenson Heights, Block C,
lot 8
GENERAllOCA nON 70 feet East of Stevensons Drive
ACRES: 0.18
Rlght-of-waV: ACRES:
ATLAS PAGE: 269B SEC:10 TWP: 29 S RGE: 16 E
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SEWER ATLAS
OWNER: Fannie Fleming A: 98-30
ADDRESS: 1220 Stockton Drive
PROPERTY DESCRIPTION: Stevenson Heights, Block C,
Lot 8
CITY SEWER GENERAL LOCA nON 70 teet East of Steven sons Drive
ACRES: 0.18
Rlght-ot-way: ACRES:
ATLAS PAGE: 269B SEC:10 TWP: 29 S RGE: 15 E
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Clearwater Oity Commission
Agenda Gover Memorandum
Worksession Item II:
Cf
Final Agenda Item /I
Meeting Date:
1/21/99
SUBJECT:
Annexation and Zoning Atlas Amendment for 2185 Burnice Drive; Owners: David R. Clark & Margaret
M. Clark (A98-31)
MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single Family
Residential"Six" (RS-6) for Lot 32, Glen Ellyn Estates, and pass Ordinances No. 6364-99 and 6365-99 on
first reading.
. [gI and that the appropriate officials be authorized to execute same.
SUMMARY:
. The application involves the annexation of a single family residential property in order to obtain sanitary
sewer service from the City. The subject property is located approximately 150 feet west of Belcher
Road. A sewer liner is available in front of the property in Burnice Drive rightNofNway to provide the
needed service.
. Appropriate impact fees of $900.00 was paid by the applicants on October 29, 1998.
. Assessed value of the subject property is $60t 100.00. Yearly taxes paid amount to $778.48.
. The Planning and Zoning Board held a public hearing on this application on December 15, 1998 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-
Family Residential"ISix" (RS-6) to the City Commission.
Reviewed by:
Legal ~
Budget N/A
Info Srvc
Originating Dept:
PLANNING & DEV PMENT
SERVICES
User Dept.
PLANNING & ~~~PMENT
SERVICES {lW 0
Costs
Purchasing N/A
Risk Mgmt N/A
Public Works ~
. DCM/ACM
Other
Total
Funding Source:
Current FY
CI
OP
, Other
Attachments
ORDINANCES NO. 6364-99 &
(,365.99
ZONING MAP
UTILITIES MAP
tOCA TION MAP
y'
Submitted by:
City Manager
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o None
A ro rlation Code:
Printed on recycled paper
Rev. 2/90
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MEMORANDUM
PLANNING AND DEVELOPMENT SERVICES
TO:
City Commission
FROM:
Ralph Stone, Planning Director
THROUGH:
Mike Roberto, City Manager
PLANNER
IN-CHARGE:
DATE:
Etim S. Udoh, Senior Planner
December 7 , 1998
SUBJECT :.
Proposed annexation of single family residential property at 2185 Burnice Drive
A. BACKGROUND INFORMATION:
. Applicant (5):
David R. Clark & Margaret M. Clark
. Location:
This property is focated at 2185 Burnice Drivel approximately 150 feet west of Belcher Road
. Legal:
Lot 32. Glen Ellyn Estates
. Existing Zoning and Future Land Use of Applicant's and Surrounding Properties
I '
\
LOCATION IN CITY FUTURE LAND ZONING ACTUAL USE
OR USE PLAN
COUNTY . CATEGORY
Subject
Property County Residential Low R-3 Single family residential
(Existing)
'Subject
Property City Residential Low RS-6 Single family residential
(Proposed) .
North City Residential Low RS-6 Single family residential
South County Residential Low R-3 Single family residential
East City Residential Low RS-6 Single family residential
West County Residential Low R-3 Single family residential
A 98-31
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Page 2
· Size of the Property:
0.20 acres
o ExistIng and Proposed Use of the Subject Property:
Single family residential
. Proposed Zoning District:
Single Family Residential IISix" (RS-6)
. Code Section:
Section 37.21, Article II of Chapter 37
. Zoning District Restrictions:
DESCRIPTION RS-6 EXISTING
REQUIREMENTS
Density 5.5 u. p.a. maximum N/A
Lot Area 7,000 sq. ft. minimum 9,590 sq. feet
Lot Width at set back line 70 feet minimum 70 feet
Depth 85 feet minimum 137 feet ,
)', B. SUMMARY:
.1.,: .
'(
~', . The application involves the annexation of a single family residential property in order to obtain sanitary
" sewer service from the City. The subject property is located approximately 150 feet west of Belcher
Road. A sewer liner is available in front of the property in Burnice Drive right-of-way to provide the
needed service.
. Appropriate impact fees of $900,00 was paid by the applicants on October 29, 1998.
. Assessed value of the subject property is $60,100.00. Yearly taxes paid amount to $778.48.
. The Planning and Zoning Board held a public hearing on this application on December 15, 1998 after
which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-
Family ResidentiallJSix" (RS-6) to the City Commission.
C. FINDINGS OF FACT:
. Staff recommendation is supported by the following findings of fact:
1. Whereas, the applicant has submitted an application pursuant to Section 37.05 (1 &2)(a-c) for a
voluntary annexation into the City of Clearwater in order to obtain sanitary sewer service from the City;
and
2. Whereas, the subject property is contiguous to the City's limit on the north and east, and therefore this
annexation will not create an enclave situation; and
\,
~
A 98-31
Page 3
3. Whereast the annexation and zoning atlas amendment to Single Family Residential "Six" (RS-6)
appear to meet the Standards of submission, review and consistency with other regulations as set forth
in Sections 37.05t 37.21 and 37,22 of the Land Development Code. Articles 1 & 11 of Chapter 37; and
4. Whereast the proposed zoning district of Single Family Residential uSixtl (RS-6) classification will be
consistent and compatible with the existing land use plan designation of residential low category under
the Countywide Future Land Use Plan Classification; and
5. Whereast the subject property is currently being used as a single family residential home and the use is
anticipated not to be changed; and
6. Whereas, there is sufficient sanitary sewer capacity available to serve this property; and
.7. Whereas, the area where the subject property is located is served by the Pinel1as County Sheriffs
Department and will be served by the Clearwater Police Department upon annexation; and
8. Whereas, the subject property is currently within the Clearwater Fire District and will remain as such
after annexationt and therefore the annexation will not affect the fire rescue services currently
being provided; and
9. Whereas. emergency management service is already provided to this site and the current countywide
EMS millage of .7410 will continue to be levied on ad valorem basis; and
10. Whereas. no other reviews are required either by the Pinellas Planning Council (PPC) or the
Department of Community Affairs (DCA) for this annexation; therefore
D. RECOMMENDATION:
. Based upon the analysis conducted, documentary evidence submitted by the applicant, and the findings of fact
listed above, staff recommends APPROVAL to the City Commission of the proposed Annexation and Zoning
Atlas Amendment to Single Family Residential "Six" (RS-6).
. ABBREVIATIONS: RN3 = Residential. Single Family District (County); RS-6 = Single Family
Residential "Six" District (City) & u. p.a. = Residential units per acre.
CC A98N31
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City of Clearwater
Interdepartmental Correspondence Sheet
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TO: "
FROM:
Etim Udah, Senior Planner . f
. Mike Quillen, Assistant Director of EngineeringfProductio~
COPIES:
Mahshid Arasteh, Bureau Director, Engineering
Joe Reckenwald. WPC Superintendent
" " . SUBJECT: Annexation! Rezoning Requests
DATE:
November 25. 1998
This memorandum is to confirm that Public Works Administration has reviewed the
. foJlowing annexation and/or rezoning requests. and, that sufficient sanitary sewer capacity
is available to serve the properties. '
1. . 902, 904 & 906 Grant Street- rezoning for church expansion.
2. 1220 Stockton DriveM single family annexation.
C) 2185 Bumice Drive- single family annexation.
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-
ORDINANCE NO. 6364..99
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXIMG CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 15Q FEET WEST OF BELCHER ROAD,
CONSISTING OF LOT 32, GLEN ELLYN ESTATES, WHOSE
POST OFFICE ADDRESS IS 2185 BURNICE DRIVE,
CLEARWATER, FLORIDA, INTO THE CORPORATE LIMITS OF
THE CI'TY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property Into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of CleafWater
and the boundary lines of the City are redefined accordingly:
Lot 32, GLEN ELLYN ESTATES. according to the map or plat thereof, as recorded
in Plat Book 34, Page 32 of the Public Records of Pine lias County, Florida
(A98~31 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights~of-way and other dedications to the public which have
heretofore been made by plat. deed or user within the annexed property. The City Engineer. the
City Clerk and the Planning and Development Services Administrator are directed to inClude and
show the property described herein upon the o~cial maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance. including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pine lias County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor~Commissloner
Attest:
a
Cynthia E. Goudeau
City Clerk
Ordinance No. 6364~99
ORDINANCE NO. 6365-99
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 150
FEET WEST OF BELCHER ROAD. CONSISTING OF LOT 32,
GLEN ELLYN ESTATES. WHOSE POST OFFICE ADDRESS IS
2185 BURN ICE DRIVE, CLEARWATER. FLORIDA. UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE
FAMILY RESIDENTIAL "SIX" (RS-6); PROVIDING AN EFFECTIVE
DATE,
WHEREAS, the assignment of a zoning district classificaUon 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
ZoninQ District
Lot 32, GLEN ELLYN ESTATES, according to
the map or plat thereof. as recorded in Plat
Book 34, Page 32 of the Public Records of
Pinellas County. Florida (A 98-31)
Single Family Residential "Six"(RS-6)
I Section 2. The Planning and Development Services Administrator Is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6364-99.
PAsseD ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rit~ Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6365-99
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PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
OWNER: David R. & Margaret M. Clark A: 98-31
ADDRESS: 2185 Burnice Drive
PROPERTY DESCRIPTION: Gten Ellyn Estates, Lot 32
LAND USE PLAN ZONING GENERAL LOCATION 150 feet West of Belcher Road
COUNTY: Residantial Low R-3
CITY: Residential Low RS 6
ACRES~ 0.20
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WNE.R: David. M.,g.et M. ark
ADDRESS: 2186 Buf'llIce Drive
A:~
PROPERTY DESCRIPTION: G10n EItyn Emtu, Lot 32
GENERAL lOCATION 150 feet Wut of Be&chef Road
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Clearwater City Commission
r W:1- Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # _ , 0 -
Meeting Date: \.,;{ \ . 9 9
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the East % Right-of-
Way of North Prospect Avenue lying North of Laura Street and the City's request to vacate the
West % Right-of-Way of North Prospect Avenue lying North of Laura Street. subject to
retaining a 10 .0 foot Drainage and Utility Easement and pass Ordinance Number 6361-99 on
the first reading. (V98-09 - THETA HOMES)
[gI and that the appropriate officials be authorIzed to execute same.
. SUMMARY:
. This applicant is proposing to use the east % right-of-way of North Propect Avenue and the adjacent
property to the east to construct a multi-family project.
. .The right-at-way is not paved or being used vehicular traffic and contains no existing City
infrastructure.
. Public Works Administration is recommending that the west ~ right-of-way also be vacated to
support additional development to the west of North Prospect Avenue, subject to retaining a drainage
and utility easement for installation of utilities in'the future.
. Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request.
Rovlewed by:
Legal 4~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
Other
E-
NIA
Originating Dept:
Public Works d
User Dept.
N/A
Costs N/A
Total
Current FY
Funding Source:
CI
OP
Other
Submitted by: /-:.
City Manager fH }" t< j!3J)
Attachma
Ord. 116361-99
Site Nap
:J None
Appropriation Code:
Printed on recycled poper
Rev.2/98 VACATION 98-09 THETA HOMES
: I ~. _' ,.;.: ' ..
"
ORDINANCE NO. 6361-99
\0
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE RIGHT-OF-WAY OF PROSPECT AVENUE
BETWEEN u\URA STREET AND GROVE STREET, SUBJECT
TO A DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER PORTION OF THE RIGHT-OF-WAY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Theta Harmes, L.C., Michael Holmes, Member, owner of rear property
located in the City of Clearwater, has requested that the City vacate the right-of-way described
in Exhibit A attached hereto, and the Public Works Administrator has advised that it is
desirable that an additional portion of the right-ot-way be vacated; and
WHEREAS, the City Commission finds that said right-of-way 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 right-of-way at Prospect Avenue between Laura Street and Grove Street,
subject to retaining the West 5 Feet of the East 11.1 right-of-way of Prospect
Avenue together with retaining the East 5 Feet ot the West 11.1 right-of-way of
Prospect Avenue.
is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all
of its right, title and interest thereto, subject to retaining the West 5 feet of the East % right-of-
way of Prospect Avenue together with retaining the East 15 feet of the West % right-of-way of
Prospect Avenue as a drainage and utility easement.
Section 2. The City Clerk shall record this ordinance in the public records of Pine lias
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 form;
Attest:
~~-~
Jo n Caressas. Assistant City Attorney
Cynthia E. Goudeau; City Clerk
Ordinance No. 6361-99
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PROSPECT A VENUE R. a Iv.
VACA llON REQUESTED
BY CITY
SARAH McMULLEN SUE
CITY OF CLEARWATER. PLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
STREET
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10' DRAIN & UIj7L TY '2
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VACA 770N REOUESTED
BY APPLICANT
R J. BOOTH SUB.
S-T-R: 15-29-15E
Grid /I 2870
THIS IS NOT A SURVEY
"THETA HOMES"
voc98-09d.dwg
Drown by: EA
Dote: 12/17/98
Ordinance 6361-99
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item II:
Final Agenda Item II
Meeting Date:
=rJ
J.~'.91
SUBJECT/RECOMMENDATION: Approve the appllcant;s request to vacate the 5.0 foot Utility
Easement lying along the rear of Lots 1 through 13; Block ME;o, Hibiscus Gardens, and pass
Ordinance Number 6383-99 on the first reading. (V99-01 - CLEVELAND PLAZA, lTD.)
JEj and that the appropriate officIals be authorIzed to execute same.
SUMMARY:
· This property is addressed as 1201-1235 Cleveland Street.
· Cleveland Plaza Shopping Center was constructed over the easement without ever vacating the
easement. The owners of the shopping center need to vacate the easement to clear up the title.
· The City has no existing utilities located within the easement.
· Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request.
RevIewed by M-
Legal
Budget N/A
PurchasIng N/A
Risk Mgmt NJA
Info Srvc
Public Works
DCM/ACM
Other
=llE-
-t:-
Originating Dept:
Public Works A
User Dept.
N/A
Costs N/A
Total
Current FY
Funding Source:
CI
OP
Other
Submitted by: I
City Man8g0r~M :} ~ I~
Attachm
Qrd. fl 83-9~
Site Map
o None
Appropriation Code:
Printed on recvcled peper
Rev.2/98 VACATION 99.01 CLEVELAND PLAZA, LTC
F ....".~.,.
-.. .
.. ,... ..,1 .s.~..~~......~..",...~.
ORDINANCE NO. 6383-9.9
I I
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. VACATING THE 5-FOOT UTILITY EASEMENT
LYING ALONG THE REAR OF LOTS 1 THROUGH 13,
BLOCK E, HIBISCUS GARDENS; PROVIDING AN
EFFECTIVE DATE.
'WHEREAS, Cleveland Plaza, Ltd., owner of real property located in the City of
Clearwater, has requested that the City vacate the 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 CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
The 5-foot utility easement lying along the rear of Lots 1 through 13. Brock
E, Hibiscus Gardens. as recorded in Plat Book 4, Page 11, of the public
records of Pinellas County. Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Plnellas 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 form:
Attest:
John Carass
Assistant City
Cynthia E. Goudeau
City Clerk .
Ordinance No. 6383-99
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CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
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THIS IS NOT A SURVEY
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voc99-01 ,dwg
Drown by: EA
Dote: 11/30/98
Ordinance 6363-99
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CITY OF CLEARWATER. t1.ORIDA
PUBLIC WORKS ADMINISTRATION
ENGlNEERlNG
-
"
fW3
Clearwater City Commission
Agenda Cover Memorandum
Work. session Item #:
Final Agenda Item # -:-l ~
Meettng Date: ~
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the West 2.5 feet of
the 10.0 foot Drainage and Utility Easement lying along the East Side of Lot 473, Mornlngslde
Estates, Unit 68, less the Northerly 5 feet and pass Ordinance Number 6384-99 on the first
reading. (V99-0Z - DUNHAM)
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· This property is eddressed as t 381 Summerlin Drive.
· There is an existing swimming pool and deck, which was built about 18 years ago, that encroach into
the 10 foot drainage and utility easement. The owner would like to enclose the pool area with a
screen enclosure. Planning and Development Services currently requires a survey during review
procedures that will prohibit similar encroachments from occurring. The new Land Development
Code will also require a survey per the Planning and Development Administrator.
. The City has no existing utilities located within the easement.
. Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request.
Reviewed by: )(i)_ A
Legal ~
Budget N/A
Purchasing N/A
Risk Mgmt NJA
Info Srvc
Public Works
DCMJACM
Other
?t.
Orlglnatlng Oopt:
Public Works Ad
User Dept.
N/A
Costs N/A
Total
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Monager
(Vl32 1Cf;
Attachmen
Ord. 1/6384-99
Site }lap
L~ None
Appropriation Code:
Printed on recycled pap.r
VACAnON 99-02 DUNHAM
ORDINANCE NO. 6384-99
IJ-
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE WEST 2.5 FEET OF THE EASTERLY 10-
FOOT DRAINAGE AND UTILllY EASEMENT LYING IN LOT
473, MORNINGSIDE ESTATES, UNIT 68, LESS THE
NORTHERLY 5 FEET; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert and Virginia Dunham, 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 CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
The West 2.5 feet of Easterly 10-foot drainage and utiUty easement, lying in
Lot 473, Morningside Estates, Unit 68, less the. Northerly 5 feet, as
recorded in Plat Book 63, Page 82, of the public records of Pinellas County,
Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita GaNey, Mayor-Commissioner
Approved as to fann:
Attest:
k~ J<~L,g~ ~
John Carassas ~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6384.99
+j; I .. ~.' .~ ;.1 c '. . r I:.
41
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NOT TO SCALE
lot 514
Lot 515
GLENANN DRIVE
Lot 517
Lot 516
ORNINGS DE ESTATES
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P .8. 06 , Pg. 082
Lot 536
Lot 537
DRA/NAG
VACA T1Q REQUESTED
BY APPL CANT
SUMMERLIN DRIVE
Lot 477
Lot 476
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERINC
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S-T-R: 19-29S-16E
Grid N 317b
THIS IS NOT A SURVEY
"DUNHAM"
voc99-02,dwg
Drown by. EA
Dote: 11/30/98
Ordinance 6384-99
'.'
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Location Map
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11
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
.
~wy
Clearwater City Commission
Agenda Cover Memorandum
Work session Item II:
Final Agenda Item # ~ 3
Meeting Date: ~
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 3 foot x 20 foot
Utility Easement lying along the Easterly lot Une of Lot 37, Ambleside First Addition and pass
Ordinance Number 6385-99 on the first reading. (V99-03 - POLGLAZE)
r&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· This property is addressed as 522 Richards Avenue.
· The owner would like to construct an inground pool along the westerly property line which would
encroach into the easement.
· The City has no existing utilities located within the easement.
· Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request.
Revlowed bY:>4q A
legal ~
Budget N/A
Purchasing N/A
Risk Mgmt N/A_
Info Srvc
Public Works
DCM/ACM
Other
Orlglnotlno Dept:
Public Works Ad
User Dept.
N/A
Costs N/A
Total
Current FY
FundIng Source:
CI
OP
Other
N/A
Attachmen
Ord. fl6385-99
Site Hap
LJ Nono
Approprlotlon Code:
Submitted by:
City Manager (Y1}". Q ~
Printed on recycled paper
Rev. 2/9B VACATION 99-03 POLGLAZE
,. ....,.
,.,." .
ORDINANCE NO. 6385~99
/3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE 3 FOOT BY 20 FOOT UTILITY EASEMENT
LYING ALONG THE EASTERLY LOT LINE OF LOT 37,
AMBLESIDE FIRST ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Jay and Linda Polglaze, owners of real property located in the City of
Clearwater, has requested that the City vacate the 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 CllY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
The 3 foot by 20 foot utility easement lying along the Easterly lot line of lot
37, Ambleside First Addition, as recorded in Plat Book 61, Page 8, of the
public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6385-99
,. . I.
.' ,H
Exhi bi t "AH
~
NORTH.
NOT TO SCALE
lO
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Lot 35
.
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MAPLE ST.
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Lot 38
Lot 21
Lot 22
GRAND VIEW TERRACE
PLAT BOOK 12, PAGE 3
CiTY OF CLEARWATER. FlORIDA
PUBLIC YORKS ADMINISTRATION
ENGINEERING
--.-.
L1~
~----
13
3' X 20' UTILITY
EASEMENT VACA TlON
REQUESTED BY
APPLICANT
Lot 40
Lot 39
S-T-R: 11-29S-15E
Grid iJ: 279A
1HIS IS NOT A SURVEY
"POLGLAZE"
v99-03.dwg
Drown by. p'M)
Dote: 12/28/98
Ordinance 6385-99
-.
Ll
-
"
~Lb1
Clearwater City Commission
Agenda Cover Memorandum
Item #:
~
Meeting Date:
SUBJECT:
South Greenwood Neighborhood Police Substation and Family Service Center
RECOMMENDA TION/MOTION:
1. Accept the donation of Real Property from Community Service Foundation and declare the real
property surpl us.
2. Waive $13,108 in City demolition and lot clearing liens.
3. Approve a one-year lease with Community Service Foundation to Build a family center.
4. Authorize up to $100,000 in Capital Improvement Funds to build a district parking lot and
landscaping.
5. Approve a 30~year lease with Foundation Village Neighborhood Family Center to operate the family
service center.
l!l and that the appropriate officials be authorized to execute same.
BACKGROUND:
. The Citizens of the South Greenwood Neighborhood list a Police Substation and a Neighborhood Family Service
Center as the two most important needs of the Community.
. Community Service Foundation, a local non-profit agency, solicited funding and was subsequently awarded
$244,527 in a federal Safe Neighborhood Grant to build a police substation and pay for police overtime and
$192,315 in a federal Community Development Block Grant to build a neighborhood family service center.
. Community Service Foundation will donate Real Property located at the northwest corner of South Greenwood
Avenue and Woodlawn Street to the City of Clearwater.
. The Real Property has $13,108 in City Demolition and Lot Clearing Liens which require a waiver from the City. The
property has $6,806 of property taxes in arrears. The property has an underground gasoline tank which will be
removed. Funds from the Brownfield Stabilization Fund will pay for the back taxes and tank removal. The estimated
costs for the tank removal are $23,000. Funds are available for this activity.
Reviewed by: Originating Department: Costs: Commission Action:
Legal Planning and Development $113,100 o Approved
~ servici7'-/fY
Budget Vm"- Tolal o Approved w/Conditlons
purchasing N/A User Department: o Denied
Risk Mgmt. N/A Current Fiscal Year 0 Continued to:
IS N/A Funding Source:
ACM o Cap1tallmprovcmcnl,
! Other Advertised: 0 Operallng:
I Date: 0 Olher: CDDG Attachments:
; Paper:
Submitted by: 0 Not Required Appropriation Code
Affected Parties: 315.94745.(]OOOO2+000-19B
Ie!] 101.99654-5 B2000.554'(]00
fV1. '"S f\ 101-99972.543600.559.(]OO
101-99975-530100.559'(]OO
0 Notified o None
City Manager 0 Not Required
'0 Printed on recycled paper
~ . '~....'
,.
"
H~' '., . ':.,e ;"l:. ';":.:<; ~ f .:'.~.' ~~. ~ I. I;.' :~~..\<: :.. " . ' .
,; .
. . , Upon acceptance of real property, the City will lease the property to Community Service Foundation for up to one
year to facilitate building of the Police Substation and Neighborhood Family Service Center. The lease will terminate
once the building is completed and the building transferred to the City.
. The structure is designed to be a 5,000 sq. ft. building, in which the Police Department will use 1,400 sq. ft and the
Family Service Center will use the remainder.
. '. Upon completion. of the building, the City would enter into a 30 year lease to the Foundation Village Neighborhood
Family Center, a local non-profit, to operate a family service center. Maintenance of the facility and grounds will be
provided by the City's Police Department and the Founda'tion Village Neighborhood Family Center.
. The City will build a paved parking lot for the building and landscaping. Funding will be provided through the FY'
1998/99 Capital Improvement Program.
~ "
. All funds associated with this project are contained in the FY 1998-99 City of Clearwater Budget.
Leases available for review in Clerk Department
,. .
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LEASE AGREEMENT
THIS LEASE AGREEMENT fs made and entered fnto thfs day of I 1998, by
and between the CIlY OF CLEARWATER, 8 Florida Munldpaflty, herein called the "Lesso"'" and COMMUNITY
SERVICE FOl:JNDATION, INC., herein called the "Lessee".
This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles
and sections are herein Incorporated:
WITNESSETH:
WHEREAS, the Lessor has ownership of and control over the use of real property consisting of Lot 2 of the
Foundation Oaks SubdMsfon and an unplatted 1001 by 100' M&8 parcel located on the North West comer of
Woodlawn Street and South Greenwood Avenue, said property having been donated to the Lessor by the
Lessee, and fully desaibed In Exhibit "A"; and
WHEREAS, Lessee desires to use such premises for public purposes; and
WHEREAS, Lessor desires to lease out such premises;
NOW, niEREFORE, In consideration of the Premises' and the mutual covenants contained in this
Agreement. the Lessor and Lessee hereby agree as follows:
ARTICLE I. TITLE
The title of this lease is the Community Service Foundation, Inc. Lease.
ARTICLE II. TERM
The term of this rease shall be for a period of one (1) year commencing on the day of . 1998
(Commencement Date), with one (1) year renewal unless terminated under the tenns of this agreement
ARTIClE III. LEASEHOLD
The Lessor leases to the Lessee that real property described in Exhibit "A..
ARTICLE IV. RIGHTS AND RESPONSISrUTJES
~qjfon 1. Use.of Premises.
a. Lessee agrees to construct a Neighborhood Family Center on the real property, the building to be built
will meet the tenancy requirements of the two prospective tenants (Foundation Village Family Center and
Clemwater Police Department), and the general requirements of applicable buildIng regulations. The Building will
be El pre-engineered metaJ building with the esthetic architectural qualities similar to the offices of the Lessee
located at 925 lakev;ew Road, Clearwater. Upon completion, as Indicated by a Certificate of Occupancy, Lessee
shall transfer an such improvements to the Lessor.
b. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises.
At the termination of this lease, Lessee agrees to. retum the premises and the improvements to the Lessor In as
good condition as at the effective date of this agreement. subject only to normal wear and tear.
Soctlon 2. Maintenance of Premises. The Lessee shall properly maintain the leasehold In a clean and
orderly condItion.
Section 3. Repairs and Improvemonts.
a. Lessee may make whatever repairs, alterations and Improvements to the premises it deems
necess~ry, providing that the City Manager of Lessor first agrees in writing to any such actions to repair, alter or
Improve the premises. If the property's physical condition falls Into a state of disrepair that It shall be deemed an
.unsafe structure. in the opinion of the City Building Official, the Lessor may tenninate this Agreement upon
fifteen (15) days written noUce.
b. Repairs, alterations or Improvements attached to the premises shall become the property of Lessor
upon the tennination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor.
e. In no event shall Lessor or any of Lesso~s property be liable for or chargeable with any expense or
lien for work. labor or materials used in the premises, or any improvements, repairs, or alterations thereof.
contracted for or ordered by the lessee.
Sect[on 4. Utilities. Lessee shall pay all bills, for electrical and utility selVJces before such bills become
delinquent during the time it has possession of the property.
Section 6. Quiet EnJoyment. Upon payment the rents herein required. and upon observing and performing
the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy
the leased premises for the tenn of the lease without hindrance or interruption by the Lessor.
ARTICLE V. LEASE RENTAL PAYMENTS AND FEES
For the sum of One Dollar ($1.00), which the receipt and sufficiency of which is hereby acknowledged,
and in consideration of the promises and covenants set forth herein, lessor hereby grants to Lessee and Lessee
accepts from Lessor, this exclusive lease, right and privilege to use the property described herein.
ARTICLE VI. TAXES
lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the
leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the
parties.
ARTICLE VII. INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to
persons or damage to property which may arise from or In connection with this lease.
Section 1. Minimum Scope of Insurance. A Comprehensive General Liability policy and Fire Insurance
po trey covering the leased premises and Lessee actlvities occurring thereon shall be obtained and maintained In
force by the Lessee.
Section 2. Minimum Limits of Insurance. Comprehensive General Liability Insurance procured in
2
accordance with this articfe shafl have minimum coverage limits of $200,000 with respect to personal Injury or
death arising out of anyone (1) occurrence; and $100,000 with respect to property damage arising out of any
one (1) occurrence. Further, Lessee shall, from and after the Commencement Date, keep Insured the bulldlng(s)
upon the premises against loss or damage by fire and windstorm and other covered casualties with what is
generally termed in the insurance trade as "extended coverage.1f Said insurance shall be maintained In an
amount equal to the full insurable value of the building(s). All such policies shall be carried In companies licensed
to do business in the State of Florida.
Section 3. Additional Named fnsured. Each Insurance policy Issued as a requirement of this agreement
shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special
limitations on the scope of the protection afforded to the lessor, its officials, employees or volunteers.
Sectlon 4. Verification of Coveraae. Lessee shall furnish the Lessor with Certificates of Insurance with all
endorsements affecting coverage required by this article. These fonns 'shall be received by the City of
Cfearwater Risk Manager.
ARTICLE VIII. CASUAL TV DAMAGE TO PREMISES
Section 1. RepaIrable Damage. Any time the building or premises is damaged or destroyed to the extent
that the Lessee cannot therefore conduct its activities and the lessor detennines that the demised premises can
be restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction
of the City's Buifdlng Officiaf.
Section 2. Catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised
premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days
written notice to the other party to this lease.
Section 3. Waiver of Recovery Rights. Both parties waive any and all rights of recovery against the other
party for any direct or indirect loss occurring to the demised premises in the event of damage categorized In
Sections 1 and 2 above which is covered by insurance.
ARTICLE Jx' UABILlTY AND INDEMNIFICATION
lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and
hold harmless the lessor, its officers, agents; and employees from and against any and all foss, liability and
damages of whatever nature, to persons and property, including, without rimlting the generality of the foregoing,
death of any person and loss of the use of any property except arising from the negligence or willful misconduct
of Lessor or Lesso~s agents or employees. This includes, but is not limited to, matters arising out of or claimed
to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved
or unapproved Invitee, contractor; subcontrac.1or, or other person approved, authorized, or permitted by Lessee In
or about the Premises whether or not based on negligence. Nothing herein shall constitute a waiver by Lessor of
its sovereign immunity and the limitations set forth in ~ 768,28 of the Florida Statutes.
ARTICLE X. AMERICANS WITH DISABILlTlES ACT
lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply
with the Americans With Disabilities Act of 1990 (known as the nADN'). These would include modifications to the
structural revisions in operations and supporting communications capabilities and procedures and changes In
functional location and layout.
3
ARTICLE XI. NON.DISCRIMINA TION
Notwithstanding any other provision of this lease agreement, during the perfonnance of thfs agreement,
Lessee for itself, personal representatives, successors in Interest and assigns, as part of the consIderation for
this agreement, does covenant and agree that:
Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination In the use of the premises on the grounds of race, color. religion,
sex. handicap. age. or national origin.
Section 2. No Exclusion From Hire. In the construction of any Improvements on. over, or under the
premises, and the furnishing of services therein or thereon. no person shall be excluded from participation in,
denied the benefits of. or otherwise be subjected to discriminatlon on the grounds of, or otherwise be subjected
to discrimination on the grounds of race. color, religion. sex or national origin.
ARTICLE XII. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be
changed. modified or discharged except by written Amendment duly executed by both parties. Lessee agrees
that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or In a
duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability
and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account
of any1hing affecting such conditions.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee
without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and
agreed that the Lessor may, at any time. with notice, assign or delegate any or all of its rights hereunder.
ARTICLE XIV. DEFAULT AND TERMINATION
Section 1. Termination by Lessor. This Agreement shall be subject to tennination by the Lessor in the
event of anyone or more of the following events:
a, The material default by Lessee In the perfonnance of any of the tenns, covenants or conditions of this
lease Agreement. other than nonpayment, and In the failure of the Lessee to remedy. or undertake to remedy, to
Lesso~s satisfaction such default after receipt of notice from Lessor to remedy same.
b. The Lessor determines at a duly constituted City Commission meeting that the building or property
(said premises) is needed for any municipal purposes, and serves Lessee with thirty (30) days notice of such
intended use.
c. Lessor determines that the premises are so extensively damaged by some casualty that it is
Impractical or inequitable to repair such leased premises.
d. Lessee's vacating or abandoning the premises.
Section 2. Exercise. Exercise of the rights of termination set forth above shall be by written notice.
Forbearance of timely notice shall not be deemed a waiver of any breach.
4
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SectIon 3. Removal of PropertY. Upon termination of this agreement for any reason. Lessee; at its sole
expense, shall remove from the Premises all signs; trade fixtures, fumlshings, personal property, equipment and
materials which Lessee was pennitted to Install or maintain under the rights granted herein. Lessor may effect
such removal at Lessee's expense should Lessee fall to remove saId Installed property within thirty (30) days.
Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice.
Section 4. Causes of Breach and Waiver.
The waiver of any breach. violation or default In or with respect to the performance or observance of the
covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach,
violation or default in or with respect to the same or any other covenant or condition hereof.
ARTICLE XV. ENVIRONMENTAL MATTERS
SectIon 1. No Warranties Bv lessor. Lessor has made an Investigation of the environmental matters with
respect to the unplatted M&8 easterly 100' by 100' portion which has revealed environmental exceptions. lessor
agrees to correct these exceptions and guarantee and warrant these corrective actions as satisfying and
complying with applicable environmental laws.
Section 2. Lessor Held Hannless. With respect to that portion of the parcel known as Lot 2 of Foundation
Oaks Subdivision; Lessee agrees to indemnify, defend and hold Lessor, its officials, employees and agents
hannless from any claims, judgments, damages, fines. penalties, costs, liabilities (including sums paid in
settlement of claims) or loss, including attomeys. feest consultants' fees, and experts' fees which arise during or
after the term or any renewal tenn in connection with the presence or suspected presence of toxic or hazardous
substances on or within the property improvements, the soil, groundwater, or 5011 vapor on or under the
Premises, unless such toxic or hazardous substances are present solely as a result of the negligence or willful
misconduct of Lessor, its officials, employees or agents. Without limiting the generality of the foregoing, this
indemnification shall also specifically cover costs in connection with:
a. toxic or hazardous substances present or suspected to be present on or within the property
Improvements, the soil. groundwater or soil vapor on or under the Premises before the date hereof; or
b. toxic or hazardous substances that migrate. flow, percolate; diffuse or in any way move into, onto or
under the Premises after the date hereof. or
C. toxic or hazardous substances present within, on or under the Premises as a result of any discharge,
dumping, spilling (accidental or otherwise) onto the Premises during or after the tenn or any renewal term by any
person or entity.
Lessor shall be responsible for the same considerations with respect to the unplatted M&B easterly 100'
by 100' portion to the Lessee.
ARTICLE XVI. lESSOR CONTACT AND CORRESPONDENT
All correspondence, excepting official Notice as provided in Article XVII, including but not limited to rent
payments, Insurance renewal certificates, any and all proposed amendments or modifications of this lease shall
be directed by Lessee, its agents, contractors or assigns to:
City of Clearwater
5
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P.O. Box 4748
Clearwater. Fl. 33758-4748
ARTICLE XVII. NOTICE
Any notice given by one party to the other in connection with the lease shall be sent by certified maUl return
receipt requested. with postage and fees prepaid:
1. If to tho Lessor, addressed to:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater. Florida 337584748
2. If to tho Lessee, addressed to:
Gerald J. Spllatro. Executive Director
Community Service Foundation, Inc.
925 lakevlew Road
Clearwater, Florida 3461e.3420
ARTICLE XVIII. ATTORNEYS FEES
In the event that either party seeks to enforce this agreement or to interpret' any provision of this
agreement, by law or through attorneys-at-law. or under advice therefrom, the parties agree that each party shall
bear its own costs, including attorneys fees.
ARTICLE XIX. EFFECTIVE DATE
The effective date of this lease shall be on the date first above written.
COMMUNITY SERVICE FOUNDATION. INC.
By: ~ ';-.. ~~-c.J(
Sylvi . Costello
Its: President
Countersigned:
CITY OF CLEARWATER
Rita Garvey. Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Attest:
Approved as to form:
John Carassas, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
6
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EXHIBIT uAn
PARCEL 1:
!..
,Lot 2, FOUNDATION OAKS, according to the plat thereof, recorded In Plat Book 118. Page 85 of the Public
Records of Pinellas County. Florida.
.',..
PARCEL 2:
, .
The South 100 feet ofthe East ,100 feet of the following described tract of land:
From the Southeast corner of the NW % of the SW % of Section 22. TownshIp 29 South. Range 15 East.
. Pinellas County, Florida; run thence N. 00022'56" West, along the East boundary thereat 30.00 feet; thence
North 89011'46" West, 30.00 feet to the Point of Beginning. Also being the North right-at-way line of
Woodlawn .Street and the West right-of-way line of Greenwood Avenue; thence continue North 89011 '46"
West, 208.71 feet along said North right-of-way line of Woodlawn Street; thence North 00022156" West, 208.71
feet; thence South 89011'46" East, 208.71 feet to the West right-of-way line of said Greenwood Avenue;
thence South 00022'56" East, 208.71 feet along said West right-at-way line to the Point of Beginning.
'I
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LEASE AGREEMENT
THIS LEASE AGREEMENT Is made and entered Into this day of I 1998 by
and between the CITY OF CLEARWATERI a Florida Municipality, herein called the "Losso"', ~nd
FOUNDATION VILU\GE NEIGHBORHOOD FAMILY CENTERI INC'I herein called the "Lossee".
This agreement represents the whole and entire agreement between Lessor and Lessee and the
following articles and sections are herein incorporated: .
WITNESSETH:
.
WHEREASI the Lessor has ownershIp of and control over the use of that real property and improvements
described in Exhibit MA-; and
WHEREAS, Lessee desires to use such premises for public purposes; and
WHEREAS, Lessor desires to lease out such premises;
NOW, THEREFORE, In consideration of the Premises and the mutual covenants contained In this
Agreement, the Lessor and Lessee hereby agr~e as follows:
'ARTICLE I. TITLE
The tiUe of this lease is the Foundation Village Neighborhood Family Center.
ARTICLE II. TERM
The term of this lease shall be for a period of thirty (30) years commencing on the
I 1998 (Commencement Date) and continuing through the day of
(Tennlnatlon Date), unless earlier terminated under the terms of this agreement.
ARTICLE 111. lEASEHOLD
day of
The ,Lessor leases to the Lessee that real property and Improvements described In Exhibit MA-.
ARTICLE IV. RIGHTS AND RESPONSIBILITIES
Section 1. Use of PremIses.
a. Lessee agrees to operate the Foundation Village Neighborhood Family Center on the real property
subject to the terms and conditions of this agreement. Lessee further agrees that this agreement is subject 0
Lessor operating a police substation on the premises.
b. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises.
At the termination of this lease. Lessee agrees to return the premises and the improvements to the Lessor In as
good condition as at the effective date of this agreement, subject only to normal wear and tear.
Section 2. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly
condition, Lessee agrees that the cost of Common Area Maintenance shall be split 72% by Lessee and 28% by
Lessor.
Section 3. Repairs and Improvements.
a. Lessee may make whatever repairs I alterations and improvements to the premises it deems
necessary I providing that the City Manager of Lessor first agrees in writing to any such actions to repair, alter or
improve the premises. If the property's physical condition falls Into a state of disrepair that it shall be deemed an
lIunsafe structure" in the opinion of the City Building Official, the Lessor may terminate this Agreement upon
Section 3. Repairs and Improvements.
a. Lessee may make whatever repairs, alterations and Improvements to the premises it deems
~ecessary, providing that the City Manager of Lessor first agrees in writing to any such actions to repaIr, alter or
Improve the premises. If the property's physical condition falls into a state of disrepair that it shall be deemed an
\ "unsafe structure" in the opinion of the City BuildIng Official, the Lessor may terminate this Agreement upon
fifteen (15) days written notice.
b. Repairs; alterations or improvements attached to the premises shall become the property of Lessor
upon the termination or expiratIon of this lease or any extension hereof unless otherwise indicated by Lessor.
c. In no event shall Lessor or any of Lessor's property be trable for or chargeable wIth any expense or
lien for work, labor or materials used In the premises, or any improvements, repairs, or alterations thereof,
contracted for or ordered by the Lessee.
Section 4. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become
delinquent during the time it has possession of the property.
Section 5. QuIet Enjoyment Upon payment the rents herein required, and upon observing and performing the
covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the
leas.ed premises for the tenn of the lease without hindrance or interruptIon by the Lessor.
ARTICLE V, LEASE RENTAL PAYMENTS AND FEES
For the sum of One Dollar ($1.00), which the receipt and sufficiency of which is hereby acknowledgedt
and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee
accepts from Lessor, this exclusive lease, right and privilege to use the property described herein.
ARTICLE VI. TAXES
~---
-
Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the
leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the
parties.
ARTICLE VU. INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance against claims for Injuries
to persons or damage to property which may arise from or In connection with this lease.
Section 1. Minimum Scope of Insurance. A Comprehensive General Liability policy and Fire Insurance pollcy
covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force
by the lessee.
Section 2. Minimum limits of Insurance. Comprehensive General liability Insurance procured In accordance
with this article shall have minimum coverage limits of $200tOOO with respect to personal Injury or death ariSing
out of anyone (1) occurrence; and $100,000 with respect to property damage arising out of anyone (1)
occurrence. Further, lessee shall. from and after the Commencement Datet keep insured the building(s) upon
the premises against loss or damage by fire and windstorm and other covered casualties with what Is generally
termed In the insurance trade as tJextended coverage. II Said insurance shall be maintained in an amount equal to
the full insurable value of the building(s). All such policies shalf be eanied in companies licensed to do business
2
In the State of Florida.
Section 3. Additional Named Insured. Each Insurance policy issued as a requirement of this agreement shall
name the City of Clearwater, Lessort as additional named Insured. The coverage shall contain no special
limitations on the scope of the protection afforded to the Lessor, Its officials, employees or volunteers.
Section 4. Verification of Covoraae. Lessee shall furnish the Lessor with Certificates of Insurance with all
endorsements affectIng coverage required by thIs artIcle. These forms shall be received by the City of
Clearwater Risk Manager.
ARTICLE VIII. CASUAL TV DAMAGE TO PREMISES
Section 1. Repairable Damane. Any time the building or premises Is damaged or destroyed to the extent that
the Lessee cannot therefore conduct Its activities and the Lessor determInes that the demised premises can be
restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction of
the City's Building Official.
Section 2. Catastrophic Damane. In the event of total destruction of or catastrophic damage to the demised
premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days
written notice to the other party to this lease.
Section 3. Waiver of Recovery Riahts. Both parties waive any and all rights of recovery against the other
party for any direct or indirect loss occurring to the demised premises in the event of damage categorized In
Sections 1 and 2 above which Is covered by Insurance.
ARTICLE IX. LIABILITY AND INDEMNIFICATION
Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnifyt
and hold harmless the lessor, its officers, agents, and employees from and against any and alllosst liability and
damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing,
death of any person and loss of the use of any property except arising from the negligence or willful misconduct
of lessor or lessor's agents or employees, This includes, but is not limited to, matters arising out of or claimed
to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved
or unapproved Invitest contractor, subcontractor, or other person approvedt authorized, or permitted by Lessee in
or about the Premises whether or not based on negligence. Nothing herein shall constitute a waiver by Lessor of
its sovereign immunity and the limitations set forth in ~ 768.28 of the Florida Statutes.
ARTICLE X. AMERICANS WITH DISABiliTIES ACT
Lessee hereby affirms Its intention to take any and all such actions that are reasonable and prudent to
comply with the Americans With Disabilities Act of 1990 (known as the "ADA"). These would include
modifications to the structure, revisions in operations and supporting communications capabilities and procedures
and changes in functional location and layout.
ARTICLE XI. NON-DISCRIMINATION
Notwithstanding any other provision of this lease agreement, during the performance of this agreement,
Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for
this agreement, does covenant and agree that:
3
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".--
Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of,
or otherwise be subjected to dlscriminatlon In the use of the premises on the grounds of race, color, reHgiont sex,
handicap, age, or national origin.
Section 2. No Exclusion From Hire. In the construction of any improvements on, over. or under the premises,
and the furnishing of services therein or thereon, no person shall be excluded from particlpatlon In, denied the
benefits of. or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to
discrimination on the grounds of race, color, relfgion. sex or national origin.
ARTICLE XII. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be
changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees
that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or In a
duly executed Amendment hereof. Further. Lessor does not warrant and hereby disclaims any and aliI/ability
and responsibility for or on account of the condition of the Premises, or any portions thereof. or for or on account
of anything affecting such conditions.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease. or any part thereof or interest therein, may not be assigned, transferred or subleased by
Lessee without the consent of the Lessor. which consent shall not unreasonably be withheld. It is understood
and agreed that the Lessor may. at any time, with notice, assign or delegate any or all of its rights hereunder.
ARTICLE XIV. DEFAULT AND TERMINATION
. Section 1. Termination bv Lessor. This Agreement shall be subject to termination by the Lessor in the event
of anyone or more of the following events:
a. The material default by Lessee in the performance of any of the terms. covenants or conditions of this
Lease Agreement, other than nonpayment. and in the failure of the Lessee to remedy, or undertake to remedy, to
Lesso~s satisfaction such default after receipt of notice from Lessor to remedy same.
b. The Lessor determines at a duly constituted City Commission meeting that the building or property
(said premises) Is needed for any municipal purposes, and serves Lessee with thirty (30) days notice of such
intended use.
c. Lessor determines that the premises are so extensively damaged by some casualty that it is
impractical or Inequitable to repair such leased premises.
d. Lessee's vacating or abandoning the premises.
Section 2. Exercise. Exercise of the rights of termination set forth above shall be by written notice.
Forbearance of timely notice shall not be deemed a waiver of any breach.
Section 3. Removal of PropertY. Upon termination of this agreement for any reason, Lessee. at its sole
expense, shall remove from the Premiees all signs, trade fixtures, furnishings, personal property. equipment and
materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect
such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days.
Lessee agrees to pay Lessor promptly In the event of such circumstance upon presentation of a proper invoice.
4
Section 4. Causes of Breach and Waiver.
The waiver of any breach, violation or default in or with respect to the performance or obselVance of the
covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach,
violation or default in or with respect to the same or any other covenant or condition hereof.
ARTICLE XV. ENVIRONMENTAL MAlTERS
Section 1. No Warranties Bv Lessor. Lessor has made an investigation of the environmental matters with
respect to the unplatted M&8 easterly 100' by 100' portion which has revealed environmental exceptions. Lessor
agrees to correct these exceptions and guarantee and warrant these corrective actions as satisfying and
complying with applicable environmental laws.
Section 2. Lessor Herd Harmless. With respect to that portion of the parcel known as Lot 2 of Foundation
Oaks Subdivision. Lessee agrees to indemnify, defend and hold Lessor, its officials, employees and agents
harmless from any claims, Judgments, damages, fines, penalties, costs. liabilities (including sums paid In
settlement of claims) or loss. including attorneys' fees, consultants' fees, and experts' fees which arise during or
after the term or any renewal term in connection with the presence or suspected presence of toxic or hazardous
substances on or within the property improvements, the soil, groundwater. or soil vapor on or under the
Premises, unless such toxic or hazardous substances are present solely as a result of the negligence or willful
misconduct of Lessor, its officials, employees or agents. Without limiting the generality of the foregoing, this
indemnification shall also specifically cover costs in connection with:
a. toxic or hazardous substances present or suspected to be present on or within the property
improvements, the soil, groundwater or soil vapor on or under the Premises before the date hereof; or
b. toxic or hazardous substances that migrate, flow, percolate, diffuse or in any way move into, onto or
under the Premises after the date hereof; or
c. toxic or hazardous substances present withinj on or under the Premises as a result of any discharge,
dumping, spilling (Elccidental or otherwise) onto the Premises during or after the term or any renewal term by any
person or entity.
Lessor shall be responsible for the same considerations with respect to the unplatted M&B easterly 100'
by 100' portion to the Lessee.
ARTICLE XVI. LESSOR CONTACT AND CORRESPONDENT
All correspondence, excepting official Notice as provided in Article XVII, including but not limited to rent
payments, insurance renewal certificatest any and all proposed amendments or modifications of this lease shall
be directed by Lessee, its agents, contractors or assigns to:
City of Clearwater
P.O. Box 4748
ClealWater. Florida 33758-4748
5
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ARTICLE XVII. NOTICE
Any notice given by one party to the other In connection with the Lease shall be sent by certified mall,
i' return receipt requested, with postage and fees prepaid:
I.
1. If to the LesBor. addressed to:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758-4748
Judy Walker
Executive Director
Foundation Village Neighborhood Family Center, Inc.
910 Woodlawn Street
Suite 402
Clearwater, Florida 33756
2. If to the Lessee, addressed to:
ARTICLE XVIII. ATTORNEYS FEES
In the event that either party seeks to enforce this agreement or to interpret any provision of this
agreement, by law or through attorneys-at-law, or under advice therefrom, the parties agree that each party shall
bear its own costs, including attorneys fees.
ARTICLE XIX. EFFECTIVE DATE
The effective date of this lease shall be on the date first above written.
FOUNDATION VILLAGE NEIGHBORHOOD FAMILY CENTER, INC.
BY:~ )'I\.~~ f~t,~
Jud~lke~\"" U C w~wvL )
Its: Executive Director
Countersigned:
CITY OF CLEARWATER
Rita Garvey, Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Approved as to form:
Attest:
John Carassas, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
6
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EXHIBIT IIA"
PARCEL 1:
lot 2, FOUNDATION OAKS, according to the plat thereof, recorded in Plat Book 118, Page '85 of the Public
Records of PlneUas County, Florida, '.
PARCEL 2:
The. South 100 feet of the East 100 feet of the following described tract of land:
From the Southeast comer of the NW % of the SW % of Section 22, Township 29 South, Range 15 East,
Pinellas County, Florida; run thence N. 00022'56" West, along the East boundary thereof 30.00 feet; thence
North 891111'46- West, 30.00 feet to the Point of Beginning. Also being the North right-of-way line of
Woodlawn Street and the West right-of-way line of Greenwood Avenue; thence continue North 89011'46-
West, 208.71 feet along said North right-of-way line of Woodlawn Street; thence North 00022'56" West, 208.71
feet; thence South 89011'46- East. 208.71 feet to the West right-of-way line of said Greenwood Avenue;
thence South 00022'56" East, 208.71 feet along said West right-of-way line to the Point of Beginning.
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ORDINANCE NO. 6348-99
AN ORDINANCE REPEALING THE 1985 LAND DEVELOPMENT
CODE OF THE CITY OF CLEARWATER, FLORIDA, AS AMENDED,
AND REPEALING ARTICLE VII OF CHAPTER 2, CODE
ENFORCEMENT, CHAPTER 20 NUISANCES, OF SUBPART A OF
PART II OF THE CODE OF ORDINANCES; CHAPTER 35
GENERAL PROVISIONS, CHAPTER 36 ADMINISTRATION AND
ENFORCEMENT, CHAPTER 37 ANNEXATION, CHAPTER 38
RESERVED, CHAPTER 39 CODE TEXT AMENDMENTS,
CHAPTER 40 ZONING, CHAPTER 41 SPECIAL LAND USES,
CHAPTER 42 UNIFORM DEVELOPMENT REGULATIONS,
CHAPTER 43 SITE PLANS, CHAPTER 44 SIGNS, CHAPTER 45
VARIANCES, CHAPTER 46 SUBDIVISION AND CONDOMINIUM
PLA TIING, OF SUBPART B OF PART II OF THE CODE OF
ORDINANCES, AND REPEALING CHAPTER 50 LAND
DISTURBING ACTIVITIES, SECTIONS 52.01, 52.02,52.03, 52.04,
52.05, 52.06, 52.07, 52.31, 52.32, 52.33, 52.34, 52.35, 52.36, 52.37,
52.38 OF CHAPTER 52 TREE PROTECTION; CHAPTER 53
MARINE IMPROVEMENTS; CHAPTER 55 DOWNTOWN
PROPERTY STANDARDS; AND ADOPTING A NEW LAND
DEVELOPMENT CODE TO BE KNOWN AS THE DEVELOPMENT
CODE OF THE CITY OF CLEARWATER WHICH PERTAINS TO
THE ESTABLISHMENT OF ZONING DISTRICTS APPLICABLE TO
ALL LAND WITHIN THE CORPORATE LIMITS OF THE CITY,
AUTHORIZED USES WITHIN EACH ZONING DISTRICT,
DEVELOPMENT STANDARDS FOR ALL USES, DEVELOPMENT
REVIEW PROCEDURES, REGULATIONS CONCERNING
NONCONFORMITIES, TRANSFER OF DEVELOPMENT RIGHTS,
CODE AMENDMENTS, ZONING ATLAS AND LAND USE PLAN
AMENDMENTS; ESTABLISHMENT OF A COMMUNITY
DEVELOPMENT BOARD; RESPONSIBILITIES OF CODE
ENFORCEMENT BOARD AND COMMUNITY DEVELOPMENT
BOARD; NOTICE AND HEARING REQUIREMENTS; THE
PROVISION FOR THE ADMINISTRATION, INTERPRETATION
AND ENFORCEMENT OF THE DEVELOPMENT CODE;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE PROPER NOTICE OF
PROPOSED ENACTMENT AND TO PROVIDE PENALTIES FOR
THE VIOlATION OF THE DEVELOPMENT CODE; AND
PROVIDING AN EFFECTIVE DATE.
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Ordinance No. 6348-99
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WHEREAS, on November 3, 1998, the Planning and Zoning Board, as the
designated local planning agency of the City for the purposes of and as required by the
Local Government Comprehensive Planning and Land Development Act. after proper
public notice, held a public hearing on the proposed new land Development Code for
the City of Clearwater rOevelopment Code") and submitted its recommendation
thereon to the City Commission;
WHEREAS, on November 19, 1998, the City Commission of the City of
Clearwater, after proper public notice, held a public hearing on the Development Code
in accordance with established procedures;
WHEREAS, the City Commission has fully considered the recommendations and
report of the Planning and Zoning Board and City staff and testimony submitted at its
public hearing relative to the proposed Development Code; and
WHEREAS, the City Commission has determined that this Development Code is
consistent with the City's Comprehensive Plan and that it is in the best interests of the
citizens of the City of Clearwater to adopt said Development Code; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following provisions of the City Code of Ordinances are hereby
repealed in their entirety: Article VII of Chapter 2, Code Enforcement, Chapter 20
Nuisances, of Subpart A of Part II of the Code of Ordinances; Chapter 35 General
Provisions, Chapter 36 Administration and Enforcement, Chapter 37 Annexation,
Chapter 38, Reserved, Chapter 39 Code Text Amendments, Chapter 40 Zoning,
Chapter 41 Special Land Uses, Chapter 42 Uniform Development Regulations, Chapter
43 Site Plans, Chapter 44 Signs, Chapter 45 Variances, Chapter 46 Subdivision and
Condominium Platting, of Subpart B of Part II of the Code of Ordinances; Chapter 50
land Disturbing Activities, Sections 52.01, 52,02, 52.03, 52.04, 52.05, 52.06, 52.07,
52.31, 52.32, 52.33. 52.34, 52.35, 52.36, 52.37, 52.38 of Chapter 52 Tree Protection;
Chapter 53 Marine Improvements; and Chapter 55 Downtown Property Standards.
Section 2. A new land Development Code of the City of Clearwater, 1998, to
be known as the Development Code, to be codified as Subpart B of Part II of the City's
Code of Ordinances. is hereby adopted to read as set forth in Exhibit A to this
ordinance, which exhibit is incorporated in this ordinance as jf fully set out herein.
Section 3. The City of Clearwater does hereby certify that the Development
code is consistent and in conformance with the City's Comprehensive Plan.
Section 4. Should any part or provision of this ordinance be declared by a court
, of competent jurisdiction to be invalid, the same shall not affect the validity of the
ordinance as a wholel or any part thereof other than the part declared to be invalid.
2
Ordinance No. 6346-99
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Section 5. Notice of the proposed enactment of this ordinance has been
properly advertised In a newspaper of general circulation in accordance with applicable
law.
Section 6. The provisions of this ordinance shall take effect forty-five days after
passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10. 1998'
, ,
Rita Garvey, Mayor~Commissioner
, \.
Approved as to form:
Attest:
Ub ...
Parne a K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
, I
3
Ordinance No. 6348-99
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[~ PINELLAS PLANNING COUNCIL
Dear Ralph: '
COUNCIL MEMBERS
Commissioner Karen Brayboy, Chm,
Councllmember Robert Kersleen, Vice Chm,
Councllmember Chuck Williams, Treas.
Mayor Tom De Cesare, Sec.
School Board Member Lee Benjamin
Mayor David Coyner
CommIssioner Jean Halvorsen
CommIssioner Janet Henderson
Commissioner Ed Hooper
Mayor George M. Jlrotka
Commissioner Nadine S. Nickeson
CommIssioner Robert B. Stewart
Councllmember Babe Wright
David P. Healey, AICP
Executive Director
January 15, 1999
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Mr. Ralph Stonet Planning Director
City of Clearwater
. 100 South Myrtle Avenue
Clearwater, FL 33758.4748
I am in receipt of your letter of January 14t 1999 summarizing the changes being made to the
proposed City of Clearwater Community Development Code to maintain consistency with the
Countywide Plan and Rules.
,-
The list of changes, enumerated by applicable section of the Countywide Rulest addresses the
concerns I outlined in my letter of November 11 th and subsequently reviewed in detail with you;
and the incorporation of these changes in the City's Code will render the Code consistent witl1
the Countywide Plan and Rules.
Upon the incorporation of the enumerated changes and adoption of the Code by the City
Commission, would you please provide us with an adopted copy.
We also recognizet based on our several discussions in recent weeks, that foIlow.up refinements
to the Code and corollary amendments to the City's Comprehensive Plan will be necessary to
fully integrate the new Code with both the City's Plan and our Countywide Plan and Rules. We
look forward to working with you'during this process.
On behalf of the Planning Council, I express our appreciation to you and the City of Clearwater
for the cooperation exhibited and effort expended to assure that the City's new Community
Development Code be consistent with the Countywide Plan and Rules.
avid P. Healey,
Executive Director
cc: Commissioner Ed Hoopert Pinellas Planning Council Representative
Mr. Michael Roberto, City Manager
Members, Pinellas Planning Council
1:\USEllS\WPDOCs\oPll\I ,\N!llJCOR\CL WCODE,Ln
14 SO. FT. HARRISON AVE.t SUITE 3010 · CLEARWATER, FLORIDA 33756
TELEPHONE (727) 464-3855 · FAX (727) 464-3827
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JANUARY 1St 1999
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:MEMO
TO: Mayor and City Commissi
FR: Michael Roberto, City Ma a
RE: New Community Development Code Amendments
'I
As you are aware, sinc~ the first reading of the new Community Development Code, we
. have been working with the Pinellas Planning Council regarding the consistency with the
countywide rules and also continuing to meet with interested citizens and statIto review
the code. The attached package predominantly includes language to clarifY consistency
with the Pinellas Planning Council countywide rules. Although there are quite a few
pages, you will note that many are repetitive because the same language needs to be added
. to each separate zoning district. We are also recommending several other changes that
have been brought to out attention by either citizens or city staff,
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We will present these amendments at the workshop on Tuesday and are available to meet
. with you inaividually prior to the Commission meeting on Thursday,
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MOTrON TO AMEND ORDINANCE 6348-99 ON SECOND READING
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. Amend various sections of the new Community Development Code as outlined in
the attached memorandum dated January.22, 1999, from Michael Roberto, City
, Manager, to the City Commission. .;t, I
. Pamela, K. Akin
, City Attorney
1-20~99 ,
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January ~ 1999
MEMO
TO: Mayor and City Commission Members
FR: Michael Roberto, City Manager
RE: Proposed Amendments to the New Community Development Code
Since the first reading on the new code, staff and the consultants have continued to meet
with residents and business interests and to address the consistency requirements of the
Pinellas Planning Council. The following amendments are being proposed to address the
Pinellas Planning Council consistency issues and other items as listed in the following.
ADDENDA to First Reading Ordinance of the City of Clearwater Community
Developme'nt Code
ARTICLE 1 GENERAL PROVISIONS
Section 1-103 General Purposes
B. Add the words "City of' to the following sentence: " It is the purpose of this
Community Development Code to create value for the citizens of the City of Clearwater
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Add Section 1-108 Countywide Consistency
Applications for development approval shall be consistent with the provisions of this
Community Development Code and the Countywide Future Land Use Plan as required by
State law. Development potential is based on the applicable zoning district and as
permitted by the Countywide Future Land Use Plan Designation, In cases where there is a
difference between the density permitted in the zoning district and that which is permitted
by the land use classification. the more restrictive shall prevail. In addition. uses ofland
shall be consistent with uses permitted in the assigned zoning district as well as the uses
permitted by the Countywide Future Land Use Plan Designation.
ARTICLE 2 ZONING DISTRICTS
Add Section 2-101.1 Maximum Development Potential
The Low Density Residential District (LDR) may be located in more than one land use
category. It is the intent of the LDR District that development be consistent with the
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Countywide Future Land Use Plan as required by State law. The development potential of
a parcel ofland within the LDR District shall be detennined by the standards found in this
Code as wen as the Countywide Future Land Use Designation of the property.
Development potential for the Countywide Future Land Use Designations that apply to
. .
the LDR District are as follows:
Countywide Future Land Maximum Dwelline: Units Max. Floor Area Ratio I
Use Deshmation Per Acre of Land Imnervious Surface Ratio
Residential Estate 1 dwelling unit oer acre FAR.30 I ISR .60
Residential Suburban 2.5 dwelling units oer acre FAR .30 I ISR .60
Residential Low 5 dwellim! units oer acre FAR.40/ ISR .65
Add Section 2-201.1 Maximum Development Potential
Thc Low Medium Density Residential District (LMDR) may be located in more than one
land use category. It is the intent of the LMDR District that development be consistent
with the Countywide Future Land Use Plan as required by State law. The development
. potential of a parcel ofland within the LMDR District shall be determined by the
standards found in this Code as well as the Countywide Future Land Use Designation of
the property. Development potential for the Countywide Future Land Use Designations
that apply to the LMDR District are as follows:
Countywide Future Land Maximum Dwelline: Units Max. Floor Area Ratio I
Use Desi2nation Per Acre of Land Imnervious Surface Ratio
Residential Urban 7.5 dwellinl! units ocr acre FAR.40 I ISR .65
Add Section 2-301.1 Maximum Development Potential
The Medium Density Residential District (MDR) may be located in more than one land
use category. It is the intent of the MDR District that development be consistent with the
Countywide Future Land Use Plan as required by State law. The development potential of
a parcel ofland within the MDR District shall be determined by the standards found in this
Code as well as the Countywide Future Land Use Designation of the property.
Development potential for the Countywide Future Land Use Designations that apply to
the MDR District are as follows:
Countywide Future Land Maximum Dwelline: Units Max. Floor Area Ratio I
Use Desi2nation Per Acre of Land Imnervious Surface Ratio
Residential Urban 7.5 dwelIinu units oer acre FAR .40/ ISR .65
Residential Low Medium 10 dwcllinu units ocr acre FAR .50 / ISR .75
Residential Medium 15 dwelIinu units ner acre FAR. 50 IISR .75
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Section 2~303. Flexiblc Standard Dcvelopmcnt Medium Density Rcsidcntial District
Add to Maximum Height 30~u40"
Delete Flexibility Criteria 1 ~8 for Attached Dwellings and Replace with:
Ill. Height:
a. The increased height results in an improved site plan. landscaping areas in excess
of the minimum required and/or improved design and appearance: '
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b. The increased height will not reduce the vertical component of the view from a
parcel of land which is designated as low density residential in the Zoning Atlas.
2. The parcel proposed for develop-ment is not contiguous to a parcel which is designated
as low density residential in the Zoning Atlas:
3. Off-street parking is screened from adiacent parcels ofland and any adiacent street by a
landscaped wall or fence of at least four (4) feet in height:"
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Scction 2-304 Flcxible Devclopment Mcdium Density Rcsidential Development
Add to Maximum Height 30~"50n
Delete Flexibility Criteria 1-8 for Attached Dwellings and replace with:
"1. Height:
>0'
a. The increased height results in an improved site plan. landscaping areas in
excess of the minimum required and/or'improved design and appearance:
b. The increased height will not reduce the vertical component cnlle view from a
parcel of land which is designated as low density residential in the Zoning
Atlas,
2. The parcel proposed for development is not contiguous to a parcel cf land which is
designated as low density residential in the Zoning Atlas,
3. Off-street parking is screened from adiacent parcels of land and any adiacent street by a
landscaped wall or fence of at least four (4) feet in height."
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Add Section 2-401.1 Maximum Development Potential
The Medium High Density Residential District (MHDR) may be located in more than one
land use category. It is the intent of the MHDR District that development be consistent
with the Countywide Future Land Use Plan as required by State law. The development
potential ofa parcel of land within the MHDR District shall he determined by the
standards found in this Code as well as the Countywide Future Land Use Designation of
the property. Development potential for the Countywide Future Land Use Designations
that apply to the MHDR District are as follows:
Countywide Future Land Maximum Dwellinl! Units Max. Floor Area Ratio /
Use Desil!nation Per Acre of Land Imnervious Surface Ratio
Residential HiQh 30 dwellint! units ner acre FAR .60/ ISR .85
Section 2-403 Add to Maximum Height 30-"40"
Add Section 2-501.1 Maximum Development Potential
The High Density Residential District (HDR) may be located in more than one land use
category. It is the intent of the HDR District that development be consistent with the
Countywide Future Land Use Plan as required by State law. The development potential of
a parcel of land within the HDR District shall be determined by the standards found in this
Code as well as the Countywide Future Land Use Designation ofthe property.
Development potential for the Countywide Future Land Use Designations that apply to
the HDR District are as follows:
Countywide Future Land Maximum Dwellint: Units Max. Floor Area Ratio /
Use Desilmation Per Acre of Land Imoervious Surface Ratio
Residential Hiuh 30 dwelfinQ units ner acre FAR .60/ ISR .85
Add Section 2-601.1 Maximum Development Potential
The Mobile Home Park District (MHP) may be located in more than one land use
category. It is the intent of the MHP District that development be consistent with the
Countywide Future Land Use Plan as required by State law. The development potential of
a parcel of land within the MHP District shall be determined by the standards found in this
Code as well as the Countywide Future Land Use Designation of the property.
Development potential for the Countywide Future Land Use Designations that apply to
the MHP District are as follows:
Countywide Future Land Maximum Dwellinf! Units Max. Floor Area Ratio I
Use Deshmntion Per Acre of Land Imnervious Surface Ratio
Residential Low Medium 10 dwelling units oer acre FAR .50 /ISR .75
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Add Scction 2-701.1 Maximum Dcvelopment Potcntial
The Commercial District (C) may be located in more than one land use category. It is the
intent of the C District that development be consistent with the Countywide Future Land
Use Plan as required by State law. The development potential ofa parcel of land within
the C District shall be detennined by the standards found in this Code as well as the
Countywide Future Land Use Designation of the property. Development potential for the
Countywide Future Land Use Designations that apply to the C District are as follows:
Overnil!ht
CountYWide Future Land Use Maximum Dwcllinl! Units Max. Floor Area Ratio 1 Accommodations
Dcshmation Per Acre orLand Imnervious Surface Ratio Units Per Acre
Commercial Neip:hborhood 10 dwelling units ocr acre FAR .40 1 ISR .80 N/A
Commercial Limited 18 dwelling units ocr acre FAR .451 ISR .85 30 units ocr acre
Commercial Gencml 24 dwelling units ocr acre FAR .551 ISR .95 40 units ocr acre
Residcntial/OmceIRctail 18 dwellinp: units ncr acre FAR.40 1 ISR .85 30 units Der acre
Add Section 2-801.1 Maximum Developmcnt Potential'
The Tourist District (T) may be located in more than one land use category. It is the intent
of the T District that development be consistent with the Countywide Future Land Use
Plan as required by State law. The development potential ora parcel of land within the T
District shall be determined by the standards found in this Code as well as the Countywide
Future Land Use Designation of the property. Development potential for the Countywide
Future Land Use Designations that apply to the ,T Di~trict are as follows:
Overnh!ht
Countywide Future Maximum Dwellinl! Units Per Max. Floor Arca Ratio 1 Accommodations
Land Use Desil!nation Acre of Land Imncnoious Surface Ratio Units Pcr Acre
Resort Facilities Hil!h 30 dwcllinl! units ncr acre FAR .30 I ISR .95 , 40 units ncr acre
Add Section 2-901.1 Maximum Development Potential
It is the intent of the 0 District that development be consistent with the Countywide
Future Land Use Plan as required by State law. The development potential of a parcel of
land within the 0 District shall be determined by the standards found in this Code as well
as the Countywide Future Land Use Designation of the property. For those parcels within
the D District that have a Future Land Use of Central Business District (CBD). maximum
development p-otential shall be as set forth for each classification of use and location in the
approved redevelopment plan.
5
Add Section 2-1001.1 Maximum Development Potential
The Office District (0) may be located in more than one land use category. It is the intent
of the 0 District that development be consistent with the Countywide Future Land Use
Plan as required by State law. The development potential ofa parcel ofland within the 0
District shall be determined by the standards found in this Code as well as the Countywide
Future Land Use Designation of the property. Development potential for the Countywide
Future Land Use Designations that apply to the 0 District arc as follows:
Overnieht
Countvwide Future Land Maximum DweJlinl! UnitS' Per Max. Floor Area Ratio I Accommodations
Use Deshrnlltion Acre of Land Imnenious Surface Ratio Units Per Acre
Residential/Office Limited 7.5 dwellinl! units per acre FAR.40 I ISR .75 N/A
Residential/Office General 15 dwellinl! units per acre FAR .50 I ISR .75 N/A
Rcsidenti al/OfficcIRctaiI 18 dwcllinl! units pcr acre FAR.40 IISR .85 30 units pcr acre
Add Section 2-1101.1 Maximum Development Potential
The Mixed use District (MU) may be located in more than one land use category. It is the
intent of the MU District that development be consistent with the Countywide Future
Land Use Plan as required by State law. The development potential of a parcel ofJand
within the MU District shall be detennined by the standards found in this Code as well as
the Countywide Future Land Use Designation of the property. Development potential for
the Countywide Future Land Use Designations that apply to the MU District are as
follows:
Ovcrnil!ht
Countywide Future Land Maximum Dwcllinl! Units Per Max. Floor Area Ratio I Accommodations
Use Dcshmation Acre of Land Imnen'ious Surface Ratio Units Per Acre
Residential/Officc Limited 7.5 dwelling units ocr acre FAR.40 I ISR .75 N/A
Residential/Office General 15 dwellinl! unils ocr acre FAR .50/ ISR .75 N/A
R~sidentia1l0mccIRetail 18 dwellinl! units per acre FAR .40 I ISR .85 30 units pcr acre
Resort Facilitics Hil!ll 30 dwellinl! units ner acre FAR 1.2/ISR .94 50 unils oer acre
Add Section 2-1201.1 Maximum Development Potential
The Institutional District (I) may be located in more than one land use category. It is the
intent of the I District that development be consistent with the Countywide Future Land
Use Plan as required by State law. The development potential ofa parcel ofland within
the I District shall be detennined by the standards found in this Code as well as the
Countywide Future Land Use Designation of the property. Development gotential for the
Countywide Future Land Use Designations that apply to the I District are as follows:
Countvwide Future Land Maximum Dwellinl! Units Max. Floor Area Ratio /
6
Use Desi nation
Institutional
Trans ortation 1 UtiJit
Per Acre of Land
12.5 dwellin units er acre
N/A
1m ervious Surface Ratio
FAR .65 1 ISR .86
FAR .70/ ISR .90
Add Section 2-1301.1 Maximum Development Potential
The Industrial. Research. and Technology District (IRT) may be located in more than one
land use category. It is the intent of the IRT District that development be consistent with
the Countywide Future Land Use Plan as required by State law. The development.
potential of a parcel of land within the IR T District shall be determined by the standards
found in this Code as well as the Countywide Future Land Use Designation of the
property. Development potential for the Countywide Future Land Use Designations that
apply to the IR T District arc as follows:
Countywide Future Land
Use Desi nation
Industrial Limited
Industrial General
Maximum Dwclline: Units
Pcr Acrc of Land
N/A
N/A
Max. Floor Area Ratio /
1m ervious Surface Ratio
FAR .651 ISR .85
FAR .75 1 ISR .95
Add Section 2-1401.1 Maximum Developme~'i Potcntial
The Open Space/Recreation District (OSR) may be located in more than one land use
category. It is the intent of the OSR District that development be consistent with the
Countywide Future Land Use Plan as required by State law. The development potential of
a parcel ofland within the OSR District shall he determined by the standards found in this
Code as well as the Countywide Future Land Use Designation of the property.
Development potential for the Countywide Future Land Use Designations that apply to
the OSR District are as follows:
~Iaximum Dwelling Units
Per Acre of Land
N/A
Max. Floor Area Ratio I
1m ervious Surface Ratio
FAR .251 ISR, 60
Add Section 2-1501.1 Maximum Devclopment Potential
The Preservation District (P) may be located in more than one land use category. It is the
intent of the P District that development be consistent with the Countywide Future Land
Use Plan as required by State law. The development potential of a parcel ofland within
the P District shall be determined by the standards found in this Code as well as the
Countywide Future Land Use Designation of the property. Development potential for the
Countywide Future Land Use Designations that apply to the P District arc as follows:
7
Countywide Future Land
Use Desi nation
PreselVation
Maximum Dwellin2: Units
Per Acre of Land
N/A
Max. Floor Area Ratio /
1m erviotls Surface Ratio
FAR .10 1 ISR . 20
ARTICLE 3 DEVELOPMENT STANDARDS
Section 3-805 B. Fences and Walls
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Add the following sentence to the paragraph: "However. fences and walls in the front
setback area of the LDR and LMDR districts area limited to thirty-six (36) inches in
height. tt
Section 3-901 Generalffcchnical Codes
Delete B. and Add the following: "City of Clearwater Subdivision Design Standards and
Stormwater Drainage Criteria ManuaI."
Section 3-1202 D. 2. Interior Landscaping
Amend the last line in the paragraph to add the word "required" as follows: u... .square
feet of required landscaping.tt Then add a new sentence to the paragraph' as follows: "No
more than fifty (50) percent of the area shall contain shrubs with the remainder to be
ground cover."
Scction 3-1302 Site Lighting
Delete "D. Beachfront Property. The light source from outdoor lighting .located on
beachfront property shall not be visible from the water,"
Add "0. Sea Turtle Nesting Areas. To the extent possible. no light within three hundred
feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the
nesting season of May 1 to October 31. Those areas were security and public safety
require lighting. alternative light management approaches shall be applied. The Florida
Marine Research Report Institute Technical Report-"Understanding. Assessing. and
Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches" shall be used a guide
to provide the most thorough solution practical."
Section 3-1805 C. Signs Permitted Without Devclopment Review
Add the following sentence to the end of the paragraph: ((.... Other special event and/or
public purpose signs of a temporary nature may be approved on a case by case basis. The
type of sign. size. design and length of display will be determined by the Community
Develop-ment Coordinator. "
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ARTICLE 4 DEVELOPMENT REVIEW AND OTHER PROCEDURES
Section 4-1403 Transfer of Development Rights
C. Delete C (2) and replace with : "No building which exceeds one hundred (J 00) feet in
height shall' be located within one hundred (100) feet of any other building which
exceeds one hundred (100) feet in height. No more than two (2) buildings which
exceed one hundred (100) feet in height shall be located within five hundred (500) feet
of any building which exceeds one hundred (100) feet in height. n
D. Add to the end of the sentence "..... except that density averaging is' permitted within
residential use categories depicted on the Future Land Use Plan. The entire area under
consideration must be considered as one proiect and the total dwelling unit count shall
not exceed what is otherwise allowed under the Future Land Use Plan for the total
area under consideration."
H. Add to the end of the sentence..... .and Pinellas Planning CounciLtl
ARTICLE 8 DEFINITIONS AND RULES OF CONSTRUCTION
Section 8-102 Definitions
Add the following sentence to the definition of Assisted Living Facility ... tlFor the
purpose of calculating the maximum development potential. 2.5 beds shall be equivalent to
one dwelling unit."
Delete the definition of Caliper and Add the foJJowing definition "Caliper means the
measurement of young or nursery trees and is measured at a height six (6) inches above
the ground or soilleveI."
Add the following definition: tl Diameter Breast Height (DBH) is a measurement of
mature trees and is measured at a height four (4) feet above the ground or soilleveI.tl
Add the following definition: "Coastal High Hazard Areas (also high-hazard coastal areas)
means areas designated by local governments pursuant to Paragraph 163.178 (2) (h),
Florida Statutes. and includes areas which have historically experienced destruction or
severe damage. or are scientifically predicted to experience destruction or severe damage
from storm surges. waves. erosion. or other manifestations of rap-idly moving or storm
driven water. tl
Add the following sentence to the definition of Congregate Care.. ."For the purpose of
calculating the maximum development potential. 2.5 beds shall be equivalent to one
dwelling unit. "
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Add. the, foJlowing definition: uFloor Area Ratio (FAR) means a measurement of the
intensity of building development on a site. A floor area ratio is the relationship between
the gross floor area on a site and the gross land area. The FAR is calculated by adding
together the gross floor area of an buildings on the site and dividing by the gross floor
area."
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Add the following definition: (<Impervious Surface Ratio (ISR) means a measurement of
intensity of hard surfaced development on a site. An impervious surface ratio is the
relationship between the total impervious surface area on a site and the gross land area.
The ISR is calculated by dividing the square footage of the area of all impervious surfaces
. on the site by the square footage of the gross land area."
Add the following sentence to the definition of Nursing Home...."For the purposes of
calculating the maximum development potential. 2.5 beds shall be equivalent to one
dwelling unit."
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MOTION TO AMEND ORDINANCE 6348-99 ON SECOND READING
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1. Add new Section 5 to read as follows:
Section 5. For 45 days following adoption of this ordinance no application for
rezoninQ. conditional use or variance shall be accepted. Development approval may be
processed under the existing reQulations if no variance. conditional use or rezoning is
required.
Where a complete application for development approval is pendina on the
adoption of this Development Code. the provisions of the regulations in effect when the
application was filed shall govern the review and approval of the application for
development approval. provided that:
1. The apolication is approved within six (6) months of the date of adoption
of this Development Code; and
2. Construction begins within six (6) months of the issuance of such approval
and is diligently pursued to completion.
2. Renumber Sections 5 and 6 to Sections 6 and 7.
3. Add the following language at the end of new Section 7;
The provisions of this ordinance shall take effect forty-five days after passage
except Section 5 which shall take effect upon adoption.
Pamela K. Akin
City Attorney
1-20-99
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MOTION TO AMEND ORDINANCE 6348-99 ON SECOND READING
fJ; IS
~~
1. Add new Section 5 to read as follows:
Section 5. For 45 days following adoption of this ordinance no application for
rezoning. conditional use or variance shall be accepted. Development approval may be
processed under the existina regulations if no variance. conditional use or rezoning is
required.
Where a complete application for development approval is pending on the
adoption of this Development Code. the provisions of the regulations in effect when the
application was filed shall govern the review and approval of the application for
development approval. provided that:
1. The application is approved within six (6) months of the date of adoption
of this Development Code: and
2. Construction begins within six (6) months of the issuance of such approval
and is diligently pursued to completion.
In the event within 6 months after the adoption of this Development Code. an
approved use of 750.000 sq. ft. or more. existing on the date of the adoption of this
Development Code. submits an application for development approval for a substantial
redevelopment of the existing use. and application of this Development Code to the
proposed redevelopment would be more restrictive than the land Development Code
in existence immediately prior to adoption of this Development Code (the 1I0ld Code").
then the applicant shall comply with the Development Code to the extent compliance
does not render the proposed redevelopment commercially or economically unfeasible.
in which event. and to such extent. the proposed redevelopment shall comply with the
Old Code.
2. Renumber Sections 5 and 6 to Sections 6 and 7.
3.
Add the following language at the end of new Section 7:
:::c
The provisions of this ordinance shall take effect forty-five days after passage
except Section 5 which shall take effec~ upon adoption.
Pamela K. Akin
City Attorney
1-21-99
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Item #16
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item II:
Final Agonda Itom N _/ (j;
Meeting Dale: 1/21/99
5UB)ECT/RECOMMENDA TION:
· Rezoning and land Use Plan Amendment for real property at 902, 904 & 906 Grant Street; Owners:
James M. Jackson, Bonnie N. Jackson, Proben I. Hunt, Esther C. Hunt & Saint John Missionary
Baptist Church of Clearwater, Inc.
MOTION: Approve a Zoning Atlas Amendment from Multiple Family Residential "Eight" (RM-8) to
PublidSemi-Public (P/SP) and a Land Use Plan Amendment from Residential Urban to Institutional for
lots 1, 2 & 3, Block B, First Addition to Norwood, and pass Ordinances No. 6366-99 & 6367-99 on first
reading. (Z 98-13 & LUP 98-11)
IBJ and that the appropriate oWcials be authorized to execute same.
SUMMARY:
. The applicants (St. John Missionary Baptist Church of Clearwater & others) are requesting a zoning
change from Multiple Family, Residential UEight" (RM-8) to Public/Semi-Public (P/SP) for their properties
generally located on the east side of Pennsylvania Avenuel and bordered on the south by Marshall
Street and on the north by Grant Street. The rezoning is needed in order for the church to establish a
multi-purpose building which will include a day care center for the children. The proposed use is
neither a permitted nor a conditional uses in the current Multiple Family "Eight" (RM-8) zoning district.
It will be a conditional use in the proposed P/SP zoning district.
. The applicants are also requesting a land use plan change from Residential Urban to Institutional to be
consistent with the proposed zoning district and in compliance with the Countywide Future Land Use
Plan Classification.
.' There are two single family and two duplex structures currently located at the site. These structures
are dilapidated and they will be razed.
. The subject site is under one acre (0.34 acres), therefore the proposed Land Use Plan amendment
would qualify as a type A sub-threshold amendment in accordance with Division 5.3 of the Countywide
Public Works ~ ~I
DCM/ACM _
Other
Originating Dept:
PLANNING AND
DEVELOPMENT SERVICES
User Dept.
Costs
Reviewed by:
Legal ~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Tolal
Current FY
Funding Source:
Cl
OP
Other
Attachments
ORDINANCE NO. 6366-99 &
6367.99
ZONING MAP
LOCATION MAP
l"'~/
Submitted by: ~ ~O .h
City Manager " -...J" ({ 1
VPrlnled on recycled paper
o None
A ro riation Code:
Rev. 2/9U
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Agenda Cover Memorandum
Z 9S-13 & LUP 9S-11
Page 2
Rules and ordinarily would not be subject to substantive Pinellas Planning Council (PPC) review.
. Although the subject site is less than one acre which is the minimum required land area for a new
public/semi-public zoning district, staff is in support of this rezoning because of the intended use at the
site. Not only will the proposed rezoning allow a development project which will positively contribute to
the redevelopment of this area and the City. the proposed use will foster the day care need of this
community and also provide employment opportunity for the community residents. A study conducted
on April 1997 by the Juvenile Welfare Board for Pinellas County on the impact of Florida welfare reform
on the need. and availability of subsidized child care in Pinellas County with a focus on ages new born
through four. identified North Greenwood as one of the areas with greatest unmet need. According to
this study. 372 additional spaces are needed for ages 0-4 for this community.
~. .
. Assessed value of the subject properties is $41.600.00. Yearly taxes paid amount to $947.77.
However. because the subject site will be put into a non-profit type of use by the church
(kindergarten/day care), it is anticipated that yearly taxes to be paid will amount to $0.00.
.. The Planning and Zoning Board held a public hearing on this application on December 15. 1995 after
which they unanimously endorsed the proposed Zoning change from Multiple Family Residential UEight"
(RM-S) to Public/Semi-Public (P/SP) and a Land Use Plan Amendment from Residential Urban to
, Institutional to the City Commission.
MEMORANDUM
I.,
PLANNING AND DEVELOPMENT SERVICES
, , TO:
CITY COMMISSION
FROM:
Ralph Stone, Planning Director
.. .
THROUGH:
Mike Roberto. City Manager
PLANNER
IN~CHARGE:
Etim S. Udohr Senior Planner
DATE:
December 7, 1998
SUBJECT:
ZONING ATLAS AND LAND USE PLAN AMENDMENTS AT 902,904 & 906 Grant
Street (298-13 & LUP 98-11)
A. BACKGRPOUND INFORMATION:
APPLlCANT(S): James M. Jackson, Bonnie N. Jackson. Proben I. Hunt, Esther C. Hunt & Saint
John Missionary Baptist Church of Clearwater, Inc.
· LOCATION: The subject property is located on the east side of Pennsylvania Avenue between
Marshall Street and Grant Street
· LEGAL: Lots 1, 2, & 3, Blocl< B, First Addition to Norwood
· EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING
PROPERTIES:
LOCATION IN CITY OR FUTURE LAND USE ZONING ACTUAL USE
COUNTY PLAN CATEGORY
Subject . City Residential Urban RM-8 Single family residential
Property
North City Residential Urban RS-8 Single family residential
South City Residential Medium RM-16 MUltiple family residential
East City Residential Urban RM~8 Single family residential
West City Institutional P/SP Church
. SIZE OF PROPERTY:
0.34 acres
. EXISTING USE:
Single family & duplex structures (to be razed)
. PROPOSED ZONING DISTRICT:
Public/Semi-Public (P/SP)
Z98-13 & LUP 98-11
Page 2
. OTHER REQUIRED REVIEWS
AGENCY YES NO
Pinellas Planning Council/Countywide Planning Authority X
Florida Department of Community Affairs X
B. ANAL Y515:
ZONING ATLAS AMENDMENT 5T ANDARDS FOR APPROVAL & COMPLIANCE (ARTICLE Ill,
SECTION 40.675):
An application for zoning atlas amendment and evidence presented in support of such a request must
meet all of the following standards of approval:
(1) The available uses to which the property may be put are appropriate to the property in
question and compatible with existing and planned uses in the area.
. The applicants are requesting a zoning change from Multiple Family Residential"Eight" (RMM8) to
Public/Semi-Public (P/SP) in order to establish a day care facility in the area.
. Available uses within the P/SP district will be those allowed by the Code either as permitted or
conditional uses. The surrounding areas have mixture of uses including institutional to the west,
and residential uses to the east, north and south, therefore, the available uses under the requested
zoning category are compatible with the existing and planned uses in the area . These existing
uses include primary and secondary uses which are appropriate to and consistent with the use
characteristics within institutional land use plan classification.
(2) , The numerical and dimensional development requirements contained in chapter 40 which
govern the development of the property will sufficiently safeguard the integrity and character
of the area.
. One (1) acre or more is required to establish a new Public/Semi-Public (P/SP) district. The total land
area for the subject site is 14,810 sq. ft. or 0.34 acres.
. Although the subject site is less than the required land area for a new public/semi-public zoning
district, staff is in support of this rezoning because of the intended use at the site. Not only will the
proposed rezoning allow a development project which will positively contribute to the redevelopment
of this area and the City, the proposed development will foster the day care need of this community
and provide employment opportunities for the community residents. A study conducted on April
1997 by the Juvenile Welfare Board for Pinellas County on the impact of Florida welfare reform on
the need and availability of subsidized child care in Pinellas County with a focus on ages new born
through four, identified North Greenwood as one of the areas with greatest unmet need. According
to this study, 372 additional spaces are needed for ages 0-4 for this community.
. Minimum Open space requirements for P/SP - 25 percent required for the lot area and 55 percent for
the front yard. Note: RMM8 requires 35 percent for the lot and 50 percent for the front yard.
--
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298-13 & LUP 98-11
Page 3
· The new rezoning requires more open space. Moreover, all uses whether permitted or conditional
uses allowed in this district will be subject to the area threshold applicable to such uses as governed
by the rules concerning the administration of the Countywide Future Land Use Plan. Therefore the
integrity of the area will be maintained and further enhanced by the rezoning.
(3) The amendment will not constitute a grant of special privilege to an individual owner.
· Section 40.673 (3) requires that a zoning atlas amendment application may be filed by any
property owner or his/her authorized representative. This request complies with the criteria.
· The review of this request does not amount to a spot zoning. The application is reviewed and
appropriate recommendation is made in accordance with the established standards of approval for
a zoning atlas amendment including compliance with the City comprehensive plan. The rezoning
will not create a special privilege which is not afforded to other property owners.
(4) The amendment will not conflict with the needs of the neighborhood or the city.
. At this moment, staff has no means to quantify the needs of the neighborhood. hawevert the
proposed amendment would not conflict with neighborhood needs as appropriate measures will be
taken to review any development project intended for this site in conformity and compliance with the
City Code.
(5) The amendment will not adversely or unreasonably affect the use of other property in the
area.
o The proposed rezoning is an extension to an existing church property already zoned P/SP. The
subject site will be used for a day care center and other church activities and will be operated in the
same manner in which the existing property is presently being used.
. It is anticipated that the zoning district requested ,will not adversely affect the use of other property in
the area as adequate measures will be taken to ensure that sufficient safeguards are in place to
mitigate any adverse impacts to the adjacent residential properties. Any proposed development will
be consistent with an approved building plan and site plan which will be required to include
landscaping plan, parking layout relative to the proposed development including signage, lighting plan
and building height.
. The area has sufficient sewer, drainage and water for any proposed future development project at the
site. The traffic to be generated by any land use permitted in the "P/SP II district would slightly
increase that which could be generated by a permitted land use under the current Multiple-Family
Residential UEighf' (RM-8) zoning. However, such an increase will be minimal and will not trigger any
serious traffic impact.
(6) The amendment will not defer the improvement or development of other property in accord
with existing zoning and development regulations.
. The proposed zoning change will not defer the improvement or development of other property in
accord with existing zoning and development regulations. The site will be used for a purpose that
will serve the need of community. The proposed amendment will also allow the church to bring all its
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Page 4
properties into the same and compatible zoning and land use plan classification as other properties
previously owned by Saint John Missionarj Baptist Church. Existing uses in the area will be
compatible with the proposed zoning district.
(7) The amendment wilt not adversely burden public facilitiest including the traffic-carrying
capacities of streets, in an unreasonable or disproportionate manner.
· Public facilities such as sewer, drainage, and water have enough reserves capacity that are sufficient
for the intensity of land uses permitted for development at the site in this zoning district.
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· The Countywide Plan standards allow 80 vehicle trips per acre per day for calculating typical traffic
impacts relative to a plan amendment with a known specific use (Day Care) for institutional land use
and 70 vehicle trips per acre for residential urban land use plan.
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· The subject site is 0.34acres. The existing use under the residential urban category will generate 24
vehicle trips per day while the proposed amendment under the institutional category will generate 27
vehicle trips per day thus resulting in a net increase of three vehicle trips per day. This increase is
minimal. Therefore it is not anticipated that the amendment will adversely impact the provision of
public facilities including traffic carrying capacities of streets.
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(8) The district boundaries are appropriately drawn with due regard to locations and
classifications of streets, ownership lines, existing improvements and the natural
environment.
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. The property is now zoned Multiple Family Residential l'Eighf' (RM-8). The requested rezoning is
Public/Semi- Public (P/SP). The ownership of the proposed site is fully established as indicated in
the warranty deed submitted with the application. The district boundaries are appropriately drawn
with regard to location and classification of streets, ownership lines, existing improvements and
nothing is planned which will adversely affect the natural environment.
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(9) The amendment will result in enhancing the health. safety or welfare of the citizens of the city.
. The proposed rezoning requires more open space and generates compatible vehicle traffic with RM-8
zoning district. The proposed rezoning will allow a development project which will positively contribute
to the redevelopment of the area and the City. Any intended project at this site will be consistent with
an approved building plan and final detailed site plan with specific requirements which will enhance
safety and welfare of the citizens, therefore the integrity of the area would be maintained and further
enhanced by the rezoning.
(10) The amendment will be consistent with the comprehensive plan.
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. The proposed amendment will not be consistent with the comprehensive plan. However, consistency
will be achieved with the approval of the proposed amendment of the current land use plan from
residential urban to institutional land use plan category.
D. STAFF RECOMMENDATION:
. Based on the analysis and determination that the proposed rezoning request appears to meet the
....
Z 98-13 & LUP 98-11
Page 5
standards of approval as set forth in Article rrr, Section 40.675 of the Land Development' Code, staff
recommends APPROVAL to the City Commission to permit a rezoning of the subject site from Multiple
Family Residential "Eight" (RM-8) zoning district to Public/Semi-Public (P/SP) and a land use plan
i amendment from Residential Urban to Institutional.
I'
E. FINDINGS OF FACT:
. Staff recommendation is based upon the record created and the evidence submitted , and is supported
by the following findings of fact:
. This request is an extension to an existing church property already zoned Public/Semi-Public (P/SP) .
. Institutional use such as the existing church is a permitted use in the Public/Semi-Public district.
. All permitted uses in the proposed P/SP zoning district will be compatible with the existing uses in the
'I.' area.
',' . The proposed application meets the standards of approval for a zoning atlas amendment.
. The proposed land use plan amendment is consistent with the City's Comprehensive Plan.
. The proposed land use plan amendment qualifies as a type A sub-threshold amendment in
accordance with the Countywide Rules and would not be subject to substantive Pinellas Planning
Council (ppe) review.
. The preferred land use for this district is institutional and the site is in close proximity to an existing area
where uses and development characteristics are institutional and residential in nature.
. The rezoning will not create a special privilege which is not afforded to other property owners.
. . The rezoning will allow for a development project which will positively contribute to the redevelopment
of the area and the City and foster the child day care need of the community.
CC 298-13 & LUP 98-11
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City of Clearwater
Interdepartmental Correspondence Sheet
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'. TO:
FROM:
Etim Vdoh, Senior Planner ' , ~
Mike Quillen, Assistant Director of EngineeringlProductio~ I '
Mahshid Arasteh. Bureau Director, Engineering
Joe Reckenwald, WPC Superintendent
. .
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COPIES:
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SUBJECT: Annexation! Rezoning Requests
DATE: November 25, 1998
. .
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This memorandum is to confinn that Public Works Administration has reviewed the
following' annexation andlor rezoning requests, and that sufficient sanitary sewer capacity ,
is available to serve the properties. '
G) 902, 904 & ,906 Grant Street- rezoning for church expansion.
2. 1220 Stockton Drive. single family annexation.
3. 2185 Burnice Drive. single family annexation.
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ORDINANCE NO. 6366-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT INTERSECTION OF GRANT STREET &
PENNSYLVANIA AVENUE. CONSISTING OF LOTS 1, 2 &3,
BLOCK B, FIRST ADDITION TO NORTHWOOD, WHOSE POST
OFFICE ADDRESS IS 902, 904 & 906 GRANT STREET,
CLEARWATER, FLORIDA, FROM RESIDENTIAL URBAN TO
INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate.
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
ClealWater is amended by designating the land use category for the hereinafter described
property as follows:
Propertv
Lots 1, 2, and 3 BLOCK "B", FIRST ADDITION TO
NORWOOD, according to the map or plat thereof
as recorded in Plat Book 5, Page 79 of the Public
Records of Pinellas County, Florida (LUP 98-11)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Land Use Cateaorv
From: Residential Urban
To: Institutional
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administration Commission of
the State of Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9
163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor~Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
OrdInance No. 6366.99
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ORDINANCE NO. 6367-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED AT INTERSECTION OF GRANT
STREET & PENNSYLVANIA AVENUE, CONSISTING OF LOTS 1.
2. & 3. BLOCK B. FIRST ADDITION TO NORWOOD. WHOSE
POST OFFICE ADDRESS IS 902. 904 & 906 GRANT STREET,
CLEARWATER. FLORIDA. FROM MULTIPLE-FAMILY
RESIDENTIAL "EIGHT" (RM-B) TO PUBLlC/SEMI-PUBLlC (P/SP);
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable. proper and appropriate. and is consistent with the City's Comprehensive
Plan; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
Section 1. The following described property in Clearwater. Florida. is hereby rezoned. and
the zoning atlas of the City is amended as follows:
ProDerty
Zoning District
Lots 1. 2. and 3, BLOCK "B". FIRST ADDITION TO
NORWOOD. according to the map or plat thereof
as recorded in Plat Book 5, Page 79 of the Public
Records of Pinellas County. Florida (Z98-13)
From: Multiple-Family
Residential "Eight" (RM~8)
To: Public/Semi-Public (P/SP)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use desIgnation by the PineIJas County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administration Commission of
the State of Florida. as appropriate. of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to ~
163.3189. Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinellas County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
OrdInance No. 6361-99
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER:
Jackson. Hunt &. St John Missioruuy Baptist
Church of Clearwater
2.-98-13 LUP~ 98-11
ADDRESS:
GENERAL LOCA nON: At intersection of Grant Street
PROPERTY DESCRIPTION: Nonvood td Addition. Block B.
Lots 1-3
902, 904 & 906 Grant Street
LAND USE PLAN
FROM: Residential UJban
TO: Institutional
ATI.AS PAGE: 269A
j'SPLANNJNG'AND'ZONING BOARD: DeCcinber'15/1998":,
ZONING
RM8
P/SP
PROPERTY SIZE ACRES): 0.34 Acres
RIGHT OF WAY: None ACRES
SEe: 10 TWP 295 RGE: 15 E
" ," ",:': CITY COMMlSSJONr~~,'1anua" 2t 1999
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Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
4-
Meeting Dale:
1/21/99
SUBJECl/RECOMMENDA liON:
Deny request of John Hancock Life Insurance Company for a variance for two additional wall (attached) signs
and a variance for 299.75 sq.ft. of slgnage where 150 sq. ft. is allowed for Winn Dixie Store #603 located in
Northwood Plaza at 2514 McMullen Booth Road
(SV 98~24)
o and that the appropriale officials be aulhorized to execute same.
SUMMARY:
Conditions supporting denial of requested variances:
There are no special circumstances that would warrant approval of the variances.
The strict application of the Code does not deprive the applicant of the use of the property.
The variance requests are based on desire for economic gain.
The granting of the variances would not be in harmony with the Comprehensive Plan or the land development
regulations.
NA
NA
Costs
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
~
NA
~
NA
Info Svcs
Public Works
DCMlACM
Olher
Tolal
Funding Source:
C.pll.llmrrovrm~nl
Current Fiscal Year
NA
Attachments
Application
Photos
Ol>c'~ling
Ollie,
(Y\ J(\)~
Appropriation Code:
o None
Rev. 2/90
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CITY OF CLEARWATER
SIGN VARIANCE STAFF REPORT
CASE # SV 98.24
TO:
FROM:
City Commission
Lorenzo Aghemo, Administrator, Planning and
Development Services
THROUGH: Mike Roberto, City Manager
PLANNER IN CHARGE: Antonia Gerti, Senior Planner
HEARING DATE: January 21 at, 1999
CASE #: ' SV 98-24
APPLICANT/REPRESENTATIVE: John Hancock Life Insurance Co.
E.J. Clelland, Jr., agent
2514 McMullen Booth Road
28/28/16/00000/330/0200
22.51.=f:. net acres
Commercial - Winn Dixie
CC - Commercial Center District
North: Residential East: Commercial
South: Commercial West: Residential
ADDRESS:
LEGAL DESCRIPTION:
AREA:
EXISITING USE:
ZONING:
SURROUNDING LAND USES:
':
VARIANCE REQUEST:
The applicant is requesting variances to allow:
(1) Five attached wall signs instead of the three wall signs which are allowed; and
(2) 299.75 square feet of wall signage instead of the 150 square feet-aWallowed.
STANDARDS FOR APPROVAL/COMPLIANCE WITH STANDARDS:
,\ Section 44.51 of the land Development Code sets forth the standards for approval that
are to be applied to each application. The Code further requires that the application and
the evidence presented clearly support all of the conclusions enumerated below. The
following Is the analysis of each one of those standards performed by staff.
(1) There are special circumstances related to the particular physical surroundings, shape
or topographical conditions applicable, to the land or buildings, and such circumstances
ars peculiar to such land or buildings and do not apply generally to the land or
buildings In the applicable zoning district.
Summary of applicant's submittal:
The applicant states that "'ttia'P the special
circumstances related to this parcel are that the store frontage Is 640 feet from the road
and the parcel contains many trees making it almost Impossible to see the storefront. The
applicant adds that these circumstances do not apply to other lands or buildings.
Staff's Analysis: There are no special circumstances that apply to this parcel but not to
other parcels In the same district. Landscaping is a requirement of any development
approval and the existence of landscaping cannot be construed as an unusual
circumstance. The distance from the road is the result of the design of the shopping
center and not a condition of the land.
(2) The strict application of the provisions of the code would deprive the applicant of the
reasonable use of the land or buildings.
Applicant's Submittal: The applicant states that the strict application of the code would
deprive Winn Dixie of its proper identification for this location and that the store actually
contains separate business licenses for its photo lab, restaurant and dry cleaning service.
Staff's Analysis: The applicant already enjoys reasonable use of the ,land. Tile store is
already open and functioning.
(3) The variance Is not based exclusively upon a desire for economic or other material
gain by the applicant or owner.
Applicant's Submittal: The applicant states that the variance request is an attempt to
properly identify the store for the convenience of the community.
Staff's Analysis: The increased signage that is proposed is due to the fact that Winn Dixie
desires to draw additional customers to shop at the store and, thus, is based on material
gain.
(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.
Applicant's Submittal: The applicant states that the proposed signs are in harmony with the
purpose and intent of the Code to allow identification of information necessary to conduct
business.
Staff's analysis: The proposed signage is not in harmony with the general purpose and intent
of the land development regulations and the comprehensive plan, specifically with the intent
of the sign ordinance to preserve the city as a desirable community and a visually attractive
urban environment [section 44.03] and with the purpose of curtailing the size and number of
signs [section 44.04(8)].
FINDING OF FACT:
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1. Based on the application, the landscaping Is a requirement of any development approval
and the existence of landscaplr.g cannot be construed as an unusual circumstance.
The distance from the road is the result of the design of the shopping center and not a
condition of the land. Therefore, there is no special circumstances related to the
particular physical surroundings, shape or topographical conditions applicable to the
land or buildings, and such circumstances are peculiar to such land or buildings and do
not apply generally to the land or buildings in the applicable zoning district.
2. Based on the application, The store is already open and functioning. Therefore, the
" strict application of the provisions of the code would not deprive the applicant of the
, reasonable use of the land or buildings.
3. Based 'on the application, the Increased signage that is proposed is due to the fact that
Wlnn Dixie desires to ,draw additional customers to shop at the store and, thus, is
based on material gain. The variance is not based exclusively upon a desire for
economic or other material gain by the applicant or owner. Therefore, we conclude
that 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.
4. Based on the application, the proposal is not consistent with the intent of the sign
ordinance to preserve the city as a desirable community and a visually attractive urban
environment [section 44.03] and with the purpose of curtailing the size and number of
signs [section 44.04(8)].
STAFF RECOMMENDATION:
Based upon the analysis of the standards and the finding of fact, staff recommends
DENIAL of the application submitted by Winn Dixie for a sign variance.
3
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!0-12-1998 9'~IAM
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CENTRAL PERMITTING DEPARTMENT
100 SO. MYRTLE A VE.~ IND FLOOR
CLEARWATER, PL 34018
PHONE: G6Z-4G67; FAX: 161-4518
INSPECTION LINE: 168-4580
SIGN VARIANCE APPLICATION
IS~~'~2q J
PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTA'J1VES(S) (it any) NAME &: ADDRESS:
John Hancock Lffelnsurance Co. E. J. "Buddvtt Clelland. Jr.
c/o Arnold Management Services Brite LIte Service Co., Inc.
121 N. Osceola Ave. 3633 St. Auaustlne' Rd.
Clearwater Fl 34& 1 t:-I1nD2 Jacksonville, FL 32207-5596
TELEPKONPi: (727) 4112-7184 . TELtPHONE: (9014 ) 398-5305
ADDRESS OF SUBJECT PROPERTY:
2514 McMullen Booth Road
NAME OF BUSINESS aF APPUCABLE):
Wlnn DixIe '603
ZONING DISTJUCT: LAND l1SE CLASSIFICATION: LAND AREA:
c.c, 22.51% Net Acres
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
. see ATTACHED
Attached
.PARCEL NUMBER: 2'0 12R I 16 110 In'nll~
-This information it available from )'OUr tax ttQtfpt OJ' contact Pinellu Co. Property ApprsUier'. aIDe, at 464-320'7.
U more than one Darcel numbtr. atiach 8" x Illnda theet.
DESCmBE SURROUNDlNG USES OF PROPERTY
North: Res 11)<:k "h~ Ea1t: ltotllJlatl /;1(.,
South: CoIJA tU 4tlN..- West: R c:> I "DOJTI..t\o-
VARlANC~ ~UESt; .
To allow Inn 0 xle to have 2 additional wall signs, where code allows 3, for a total of 5 wall
signs having an aggregate square footage of 299.75 sq. ft. where code a[fows &1<1. ft.
.
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la-12-1998 9:,jlAM
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t- l-<LM U:.I\lIKAL. f-'t:..KM 1 I I ~ I'II..J (j I.:J ~~ Go Ie
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CENTRAL PERMITTING DEPARTMENT
100 SO. MYRTLEAVE..IND FLOOR
CLEARWATER, PL 3461'
PHONE: 861-4667; FAX: 66"""618
INSPECTION LINE: &6!-4ti80
SIGN VARIANCE APPLICATION
l~Lq~.~lf I
PROPERTY OWNER(S) NAME &: ADDRESS: REPRESENTA'11VES(S) filany) NAME & ADDRESS:
John Hancock Life Insurance Co. E. J. lIBuddytt Clelland. Jr.
clo Arnold Management Services Brite Lite Service Co., Inc.
121 N. Osceola Ave. 3633 St. AunU'l;tJne'Rd.
Clearwater. Fl 3461t:-IlnoJ') Jacksonville, FL 32207-5596
,
TELEPHONE: (727) 442-7184 TELEPHONE: (904 ) 398-5305
ADDRESS OF SUBJECt' PROPERTY:
2514 McMullen Booth Road
NAME OF BUSINESS (If' APPUCABLE):
Wlnn Olxle '603
ZONING DISTRICT: ,LAND '1SE CLASSIPICATION~ LAND AREA:
Ce..- 22.51:t Net Acres
LEGAL DESCRlP'J'JON OF SUBJECT PROPERTY~
. SEE A TT AC HED
Attach6ll .
.PARCEL NUMBER: 2'8 128 J ,,, 11n '",nn
'1'hit in(onnaUon it available (rom your tax receipt or contact Pinellu Co. Property Apprabier" Office at 46f.3201.
U more than on. Dorcel number. attach 8 M x 11 inch .heet.
DESCRIBE SURROUNDING USES OF PROPERTY
North: if es 11)etf ,.11,- Ba.t: {Pf.l CIIt:lU (If(.,
South: Co(Ji tJ~~ West: RE:~' PQJT'~
,
VARIANC~ ~UEST: .
To allow Inn 0 xle to have 2 additional wall sl9Os, where code allows 3, for a total of 5 wall
signs havIng an aggregate square footage of 299.15 sq. ft. where code allows 4sq. ft.
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EXHIBIT "8t1
LEGAL DESCRIPTION
PtN~LLAS COUNTY r~A.
Orr.REC.BK 10204 PO 301
OVERALL DESCRIPTION
COMMENCE AT TliE 50UlHWEST CORNER OF SECnON 28, TOWNSHIP 28 SOUTli. RANGE 16 EAST. PINEu.AS
COUNTY. FLORIDA AND GO'S.89"30"48'"E. 378.82 fEE T ALONG THE CENTERUNE OF COUNlY ROAD NO.
102;' lllENCE N.00'1J'OO"E. !50.00 FEET TO 11;E POINT OF' BEGINNING: 1}lENCE N.OO'1J'OS'"E.
!513.88 FEE T: n-lENCE 5.89"30'46"E. 118.00 F'EET: THENCE N.4S"28.02"E. 303.95 FEE T: THENCE
N.OO'1J'05"E. 235.00 fEET TO niE SOUTH RIGHT-OF-WAY OF" EASTlAND SLW.; THENCE
5.89'3O"48'"E. 370.00 FEET AlONG AFORESAID SOUni RIGHT-OF-WAY a EASltANO BLVD.: 'THENCE
S.OO.'3'OS'"W. 200.00 FEET; THENCE S.89"30'<4-8"E. 200.00 FEE T TO TliE WEST RIGHT-OF-WAY OF
STATE ROAD NO. !593 (McMULLEN BOOTH ROAD): THENCE 5.00.'3'05'".. 56J.88 FEET ALONG AFORESAID
WEST, RIGHT-OF-WAY OF STATE. ROAD NO. 593 (McMULLEN BOOTH ROAD): THENCE N.89'JO.48"W. JOO.OO
feET; 'tHENCE S.OO.,3'05.W. 200.00 FEET TO 'triE NOR'TH RIGHT-OF-WAY OF COUNi'f ROAD NO. 102:
THENCE N.89'30'48.W. 603.86 FEET ALONG AFORESAID NORTH RIGHT-Qf'-WAY OF COUNTY ROAD NO. 102
TO THE PQtNT OF BE GINNING.
: LE S S THE FOLLOWING:
. A PORnON OF 11iE CERTAIN TRACT CONVEYED TO THE GRANTOR. AS DESCRIBED IN O.R. BOOK 69".
PAGE 1580. PUBUC RECORDS OF PINELLAS COUNTY. FLORIDA. IN lliE SOUTHWEST 1/4 OF TliE
SOUTHWEST 1/4 OF SEcnON 28, TOWNSHIP 28 SOUTH. RANGE 18 EAST. PINELLAS COUNTY. FLORIDA.
DESCRIBED AS FOLLOWS:
FROM ltIE SOUlHEAST CORNER OF THE SOU1HWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECl10N 28.
RUN THENCE N.8g"2S"0'.W. SO.OO FEET ALONG THE SOUlH BOUNDARY OF THE SOUTrlWEST 1/4 OF THE
SOUTHWEST 1/4 OF' SAlO SEcnON 215: 'Tt'lENCE N.OO'14'S2.E. 250.00 FEET ALONG ll-lE WEST RIGHT-
OF-WAY UNE OF Mc.\4UUfN BOOni ROAD AND A SOUTHERLY EXTENSI().4 'flo(EREOF TO THE POINT OF
BEGINNING: THENCE N.89'28.01.... 3S.00 FEET ALONG THE SOUTH BOUNDARY OF SAID GRANTORS'
TRACT; 'Tl-fENCE N.00'14'52'"E. 583.87 FEET TO lHE NORTH BOUNDARY OF SAID GRANTORS' mACT:
n-tENCE 5.89"29'01"E. 35.00 AlONG SAID NORTH BOUNDARY; THENCE S.00.,4.52W.... ~3.88 FEET
ALONG THE WEST RIGHT-OF-WAY UNE OF McMUUEN acorn RO....O TO THE POINT Of' BEGINNING.
CONTAINING 22.51 NET ACRES. MORE OR LESS.
.21 - 28- 1"- ooooo-~3~- 0,,00
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STAlIDARDS FOR APPROVAL: A vari.anct .han no' bt cranc.od by the Cily Commlufon unJeu tJ1. ."pUcation
and evidence preaented clo.rty luppon the (otJoo.\'inC condition.:
1) There are .pedaJ c:iraun.tant" ...a~d to tilt plrtk:ulu p~raiear lutrQuncUnp. ....pe or COpocnlphieal
Clo.utiLionu applJcabt. to th,land or buUdinit. and luch ei.reum.t.a.n<<a .... pt(uliar to IUch Iud or bt.tildinp attd do
not apply ,.nenny to the land 01' buUdinCI in the .ppUeab~ r.onir1C dietrict *-au",:
SEE ATTACHED
2) Tho .trict application of the pJ'O>Iision' of the cod. would depriYe the applicant or the reasonable use cI the land
or buildinp becauae:
SEE ATTACHf;D
3) 11\0 variance is no(. bosed exclusively upon. desire rOT ~nomie or other material ,ain by the applicant or
owner becauM:
SEE A 1T AC HED
<C) Th. cnmtitlr or the variance wW be in harmon)' with the seneraJ purpO~Ut and intent or the Land Development
Code and Comprohmslv. Plan and will not 1>1 met.eriaUy injurious to Iunoundinc proportle. or othetwite
detrimental La the public welf'an beet"": .
SEe" 11 ~c HGP
THIS SUBMISSION GIVES AN APFLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND
APPEAR BEFORE THE DEVELOPMgNr CODE ADJUSTMENT BOAllD. FEES PAID ARE NON-
REFUNDABLE REGARDLESS OF BOAIU> ACTION. BY SIGNING THIS DOCUMENT I AM
ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS
APPLICATION. BRITE LITE SERVICE CO., INC.
SIGNATURE OF PROPERTY OWNER (OR RESPRESENTA1TlE):
or- (lnc:~;. ~ tltmM!'~ it .ppUcablt)
Sworn to and subeerWed before me thltl l3th day of Nov~oord nat~ 0 FleTd ~e~m. 1~8 ,
by
E. J. CreUand. Jr.
~ who is personally know to me or hu produced
a. fdentif~tion. STATE OF FLORIDA. COUNTY OF I2UV AL
Ccmmih;on;
OfflCIAL NOTAkY SEAL
BGNNIE C. MOORE
NOTARY PUBUC SlAtE Of flOfUDA
COMMISSION NO. CC 6223"~
MY c;QMMISSlQN lXJ\ APIt 50 2001
NOTES:
. PROPERTY OWNER OR REPRESENTATIVE MlLSt ATTEND HEARING.
. .-\PPLICATION SHALL INCLUDE A CURRF.:NT AND ACCfJR~ SI'(1: PLAN.
rQR~f. S'Ci~$ \',UUA~Cg (I>t"~~, J., J996)U 10.0003
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WUfK DIXIB '603
. 2514 McMULLEN BOOTH ROAD
CLEARWTER, FLORIDA 34695
VARIANCE APPLICATION
STANDARDS FOR APPROVAL:
;
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1. The special circumstances related to this particular parcel arc
as foUows. This location is in Northwood Plaza Shopping Center.
Winn Dixie's storefront is 640' from McMullen Booth Road. With
the configuration of the shopping center, the outparcel.s and the
many trees it is almost impossible to see the Winn Dixie storefront
until you arc directly in Cront. These circumstances do not necessarily
generally apply to other lands or buildings in this zoning district.
2. The strict application of the code would deprive Winn Dixie their proper
identification for this location. This store is being remodeled and
expanded to over 60,000 square feet. In addition to normal grocery
selVicea this location will have a restaurant (Food PaviIion), dzy cleaning
servioea. noral shop and a 1 HOW' Photo lab, and will be Open 24 Hr&
, the Photo ~b and the Food Pavilion will have separate business licenses
and separate accounting from the grocery operations.
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3. This variance request is not based exclusively upon a desire for economic
or other material gain by Winn Dixie. Winn Dixie is trying to properly
identify this store for the convenience of the citizens of the community,
as well as for the tourist who visit Clearwater.
4. These proposed signs are in harmony with the general purpose and intent
of the land development code; Le., to allow identification and
communication of information ncceasazy for the conduct of commerce.
Winn Dixie is the anchor tenant of Northwood Plaza Shopping Center,
and their signs on this large storefront are only 4.75% of the area of
the building elevation on which they arc to be installed.
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City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 34618
Commercial Real wle Setvices
.lC30 Ent~ P.o.I
C\arwxtr. Ronda mS9
Fh:ft: mll715.1~S
Fu:(7l71 7U-ZU'
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November 18t 1998 ,
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RE: WINN DIXIE STORE II 603
2514 McMullen Booth Rd.
Clearwater FL 33761
Northwood Plaza
Tax Folio ## 28-28-16-0000.330..0200
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To Whom It May Concern:
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. This shall serve as wriuen authorization from Colliers Arnold, as Agent for the Owners,
John Hancock Mutual Life Insurance Company, for the required sign variance for the
above location to be obtained by: Buddy Clelland, Jr. Of Brite Lite Service Co., Inc. 3633
St. Augustine Road~ Jacksonville FL 32207~ acting as agent for the owner of North wood
Plaza.
Sincerely,
COLLIERS ARNOLD MANAGEMENT
~1(71~
Gerald McNally
Property Manager
11 CAIdI"--m
* * ..,. Cam 1lIb1':lo. CD82lI'1IlI
"\;..:Y EJ;lhe u.d\ '" 2DOI
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Notary Public
Date
CoIlien Arnold . Tampa &y, Orlando. fU't Myers
CoUlrn InltnulJonll. Over 210 Offius 1ft 47 ~.
Atla PKiIIc. AIIItl'IIIa,QunI. Hmc K.onc.lrJia.lnOOncsi..J~ ~ NewZaland.~ Sincar-. limn. Thailand. \Ilnnam Europc.Aw.nia. 8t\clum.Cech IUplblIe.
Enaland. ~,. Omcf, HlIIIJ'IfT. h3Iy.1ht NfthffbnJ&. Ponupl. ~Ic rll/fland. Sc:ll<<tanJ. S1ovmia. ~m. Tur\:n Tht A_rku . A~iN, c,Mda. Mulco. l!n.,rJ SlIIn
~COMPANI(s
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NORTHWOOD PlAZA
Southwesterly corner of the intersection of
McMullen-Booth Road and Eastland Boulevard,
Pinellas County, Clearwater, Florida
All that certain piece, parcel or tract of land, lying and being
situated in the City of Clearwater, County of Pincllas, State of
Florida, together with all improvements thereon or to be con-
structed thereon and all appurtenances thereto belonging or in
anywise appertaining, more particularly described as follows, to
t.,i t :
Commence at the Southwest corner of Section 28, Township 28,
South, Range 16 East, P1nellas County~ Florida and go S 890
30' 48" E 378.82 feet along the centerline of County, Road No.
102; thence N 00 13' 05" E 50.00 feet to the Point of Beginning;
thence N 00 13' 05" E 513.88 feet; thence S 890 30' 48" E
118.00 feet; thence N 450 28' 02tt E 303.95 feet; thence N 00
13' OS" E 235.00 faat to the south right of way of Eastland
Boulevard; thence S 890, 30' 48" E 370.00 feet along aforesaid
South right of way of Eastland Boulevard; thence S 00 13' 05"
1-1 200.00 feet; thence 5 890 30' 48" E 48.00 feet; thence S 00
13' 05t! ,., 120.00 feet; thallce S 890 30' 48" E 152.00 feet to
the West right of way of State Road No. 593 (McMullen Booth
Road); thence S 00 13' 05" W 443.88 feet along aforesaid '''es t
right of way of State Road No. 593 (McMullen Booth Road); thence
N 890 3'0' 48" W 350.00 fect; thence S 00 13' OS" W 200.00 feet
to the North right of way of County Road No. 102; thence N 890
3D' 48" W 293.86 feet along aforesaid North right of ''lay of
County Road No. 102; thence N 00 13' 05" E 163.00 feet; thence
N 890 30' 48" W 223.00 feet; thence 5 00 13' 05" W 163.00 feet
to the North right of ''lay of County Road No. 102; thence N 890
30' 48" 101 37.00 feet to the Point of Beginning. Containing
13.3054 acres more or less.
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LitVIN" MCMILLAN
ProfllJAiMll AUOCIUOR
,AnOrDC)" At Law
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9''.\15 NDrth FIfty.Slt'" ~~..t.. S~ite 200
T~mpl. Tt:lTKtj flori4t 3361 '."DS
(813) 988-' W,
Telecop'n (8m 9!9.~129
"taM; Reply To: ,
0400 Nonh Athlcy t)lh..a, :hllll ) 9S0
Twl1pa. Jo'lorid. )36(1l004317
(113) 174-51 ~s
TdcCl.lplCf (8 lJ) 2?4-~ l1!i
"f;VNI.IQnlJlordllW.eo n.
Wnw'. ~Tl:tl:pbonc,
B I3.U4.' not
November 17. 1998
City uf C'ear\Vat~
Rc: Nonhwood Plaza
Dear Gentlemen:
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, It is my understanding that}'ClU need a letter to \'erify the o\\'ncrship oCNorthwoo-:l Plaza to
penuit application (or a sign variance. I represent John Hanc.ock Mutull Life lnsuranco Company.
and can verify chat it is the owner of Nnnb.Ylood PIau located on McMullen Boolh Road io
Clearwater, Florida
If you have any que:stions or comments,. please do not hesitate to contact me.
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Clearwater City Commission
Agenda Cover Memorandum
Workscss10n Item It:
F1nal Agenda Item #
Meeting Date:
=1g
(.2\.'-13-
SUBJECT/RECOMMENDA liON:
· Ordinance re-adopting land Use Plan Amendment 97-07, previously adopted by Ordinance No.
6172-97.
· Pass Ordinance No. 6368-99 on first reading.
and that the appropriate officials be authorized to execute same;
SUMMARY:
. The Department of Community Affairs returned LUP 97-07/0rdinance No. 6172-97 for re-adoption
pursuant to Florida Statutes 163.3187(6)(E) and 163.3184(7). The Ordinance was adopted
during the pendency of the Evaluation and Appraisal Report, and although it appeared to the City
that the LUP amendment was appropriate during this period because it furthered goals set forth in
i < ' the EAR to increase recreational opportunities, the Department did not concur in this view.
'. Ordinance No. 6172-97 and pertinent correspondence are attached.
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J. Reviewed b~ Costs
! ,Legal Info Srvc N.l.1L- ity Attorney's Office Total
i Budget N/ N/A User Dept. Funding Source:
! Public Works
I Purchasing :JiJ.A- DCMlACM Current FY CI
I Risk Mgmt, N/ A Other ~ Attachments OP
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, , ,b- Ord. No. 6172-97 Other
Submitted by: DCA Ltr. dated 10/30/9
City Manager o Nonc A ro dation Code:
Printed on recycled paper Rev. 2/90
ORDINANCE NO. 6368-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, READOPTING THE AMENDMENT TO THE
FUTURE LAND USE PLAN ELEMENT OF THE
,COMPREHENSIVE PLAN OF THE CllY, PREVIOUSLY
ADOPTED BY ORDINANCE NO. 6172-97, TO CHANGE
THE LAND USE DESIGNATION FOR CERT ArN REAL
PROPERlY LOCATED ON THE NORTH SIDE OF DREW
STREET WEST OF MCMULLEN BOOTH ROAD,
CONSISTING OF M&8 44-01 IN SECTION 8-29S-16E,
WHOSE POST OFFICE ADDRESS IS 2950 DREW STREET,
FROM RESIDENTIAL MEDIUM TO RECREA TION/OPEN
SPACE AND PRESERVA rfON; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, an amendment to the future land use plan element of the
comprehensive plan regarding the subject property was previously adopted by
Ordinance No. 6172-97, and owing to the pendency, at the time of adoption, of the
City's Evaluation and Appraisal Report and the provisions of Florida Statutes Section
163.3187(6) and related provisions of the Florida Administrative Code it is necessary to
readopt said amendment in order to assure its effectiveness; and
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's Comprehensive Plan; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. The future land use plan element of the Comprehensive Plan of the
City of Clearwater is amended by designating the land use category for the hereinafter
described property as follows:
Property
Land Use Category
See Exhibit A attached (LUP97 -07)
From: Residential Medium
To: Recreation/Open Space and Preservation
Section 2. This ordinance shalf take effect immediately upon adoption, subject to
the approval of the land use designation by the Pinellas County Board of County
Commissioners and subject to a determination by the state land planning agency or the
Administrative Commission of the State of Florida, as appropriate, of compliance with the
Ordinance No. 6368.99
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applicable requirements of the Local Government Comprehensive Planning and land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Director of
Planning & Development Services Administration is authorized to transmit to the Pinellas
County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future land Use Plan Element of the City's Comprehensive
Plan as amended by this ordinance.
PASSED ON FIRST READING
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PASSED ON SECOND AND FINAL
READING AND ADOPTED
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Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6368-99
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ORDINANCE NO. 6172.97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LA.ND
USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED
ON THE NORTH SIDE OF DREW STREET WEST OF
McMULLEN BOOTH ROAD, CONSISTtNG OF M&B 44.01 rN
SECTION 8-29S-16E, WHOSE POST OFFICE ADDRESS IS 2950
DREW STREET, FROM RESIDENTIAL MEDIUM TO
RECREATION/OPEN SPACE AND PRESERVATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth In this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property land Use Cateaorv
See Exhibit A attached. LUP97-Q7 From: Residential Medium
To: Recreation/Open Space and Preservation
Section 2. The City Commission does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinel/as County Board of County Commissioners and
subject to a determination by the state land planning agency or the Administrative Commission of
the State of Florida, as appropriatet of compliance with the applicable requirements of the local
Government Comprehensive Planning and Land Development Regulation Act, pursuant to g
163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the
Pinel/as County Planning Council an application to amend the Countywide Plan in order to
achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as
amended by this ordinance
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
November 6t 1997
November 20, 1997
/s/ Rita Garvev
Rita Garvey, Mayor-Commissioner
Attest:
/s/ Cynthia E. Goudeau
Cynthia E. Goudeau, City Clerk
Leslie K. Dougall-S e t Asst. City Attorney
Ordinance No. 6172.97
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LEGAL DESCRIPTION
A tract of land lying within Section 8, Township 29 South, Range 16 East, Pine lias
County, Florida and being more particularly described as follows:
Commence at the South ~ corner of said Section 6; thence along the South line of the
Southeast % of said Section 8, S 89041'09- E, for 487.63 feet; thence leaving said line, N.
01025'54" E, for 1289.21 Feet to the Point of Beginning; thence continue N 01025'54" E,
for 50.01 feet to the North line of the South ~ of the Southeast % of said Section 8, said
line also being the South line of 8rigadoon of Clearwater, as recorded In Plat Book 91,
pages 35--37 of the public records of Plnellas County, Florida; thence along said line and
its Easterly extension thereof, S 69036'06" E, for 2233.66 feet to the West right~of-way line
of Bayview Avenue (CR 61), as recorded In Official Record Book 5573, Page 342 of the
public records' of Pinellas County, Florida; thence along said line, being 50 feet West of
and paraUet to the East line of the Southeast % of said Sectlon 8, S 00012'59" W, for
667.84 feet; thence leaving said line, N 89038'38" W, for 688.22 feet; thence S 00052'06"
W, for 618.37 feet to the North right-of~way line of Drew Street as recorded in Official
Record Book 5573, Page 342 of the public records of Pine lias County, Florida; thence
along said line, being 50 feet North of and parallel to the South line of the Southeast % of
said Section 8, N 89041'09" W, for 713.51 feet; thence leaving said line, N 00052'06" E, for
757.44 feet to an easement line described in Deed Book 1465, pages 95 and 97 of the
public records of Pinellas County, Florida; thence along said easement fine, N 24010'54>> E,
for 524.90 feet; thence leaving said line, along a line being 50 feet South of and parallel to
the North line of the South % of the Southeast 1/4 of said Section 8, N 89036106" W'I for
1047.80 feet to the Point of Beginning.
Exhibit A
Ordlnanc! No. 6112.91
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REVISED
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: City of Cleamater 7..-97-08
LUP-91-lJ7
ADDRESS: 2950 Drcw Street PROPERTY DESCRIPTrON!..Scc. 8-29-16, M&B 44,01
LAND USE PLAN ZONING
FROM: Residential Medium RM 16 PROPERTY SIZE (ACRES): 31.4 Acres
TO: Recreation/Open OSIR and P RIGHT OF WAY: None ACRES
Space and
Preservation
ATLAS PAGE: 282B SEe: 08 TWP 29 S RGE: 16 E
i{1:1tpuANNING'AND'ZONlNG BOARD: AuguSt 19.,1997:'\~" ' . ,'. , '::':"CITY'COMMISSION scpr'" be "4' '1991 :i':,:.:::::, "
" :::::,: ,:,:>,:,::,~ ,,:,," " f" tern r;. , ',>:::' ,
Ordinance 6172-97
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STAn Of flOllDA
DE PAR T MEN T 0 F' COM M U NIT V A F F A IRS
-H.lplns Florldl,nl ere,lle u/tt, \llb,,"r, JUlt,ln,ble communities'
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lAWTON CHl.!S
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Ottobct" 30, 1998
'Ibc Honorable Rita Garvey
Mayor, City of Clearwater
Post Office Box 4741
Clearwater, Florida 33758-4748
Dear Mayor Garvey:
The Department bas completed its review ofthc adopted Comprehensive Pt4n
..Amendment for the City oCctearwat,ec (QroJl1!nce No. 6286-98; DCA No. 98-1), u adopted on
July 16, 1998, and determined that it dOe&'not meet the requirementI ofCbapta' 163, Part n,
Florida. Statutes (F.S.), for compliance. Tbe Department is iuuins I Statement ofIntet1t and
Notice of Intent to find the ComprehtnsivePlan AmancImc%rt Not in Compliance. The Notice of
Intent has been atilt to 181l1Pl l"ribun~ for/publication on October 3 J. 1998.
The City also submitted Ordinance 6172-97, which 'MU adopted on November 20, 1m.
The amendment package wI! rdurntd bC($sc it wu adopted prior to the City EAR sufficiency
dctennina1ion ofMardt 26, 1998. In alet1cr to the City dated Septesnbcr 27. 1998. thO
Department determined that the amendmetrt is invalid. Therefore, the City should ro-adopt the
amendment. purlUant to Sections 163.3187(6)(e), and 163.3184(7), F.S.
Plca.se note that. copy ofthc adop,tcd City ofC1earwatc:r Comprd1cwiva Plan
Amendm~ the Notice or Intent and the Dcpm1Incnt'. StLtcmeul oflntc:nt to find tba .
Comprehensive Plan Ameodrt\ent Not in CompIiSl1CC I11USt be available for public impcctiou
Monday through Friday, except for legal hOtid&ys. durlns normal bu.dness boun, at the City of
Clearwater Municipal Building. 100 South>MyrtIc Avenue. C1earwater, Florida 34616.
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In addition, the Notice of Intent and the Stattmcnt ofInten1 will be forwarded to tho
Division of Administrative Hearings of~Departmcot of Management SeMccs for tho
scheduling oran administrative hearing pursuant to Section 120.S7, F,S.
~1111
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, October 30, 1m'
.' Piso Two
Pursuant to SUblccdoIl163.3189(J)<I), F.S., you also have the option oCmcdiation. If
you cbooR to attempt to resolve thiJ matter through mediation. you must file tho ~t tor
'mediatlon with the adminlstrativo law judgb aW,gned by the Dividon of Adminlstrative Hearings.
The tholce of mediation shan DOt aWect the ria,ht of any party to an adminiltn1ive hoarlng.
r am interested in meeti.ng with you or your deJignee at your eoDVtDi~ for tho purpose
ofneaotiatiua an agrceraeat that wiD brlnS'YoUr plan into oompliaDce. My stAft'and I are available
to dbcuu your p1a.u wish you. Another letter will be sent to you that includes additional
information about 1he administrltive hoarlrlg process &nd eomp11ance agreementl.
lCyou have any questions. or are interested in discuning a compli&nco as;reemetrt, plC4SC
coDtlot ClO. Marina Pennington, Community Program Administrator or Carol CoDins. Planner IV
at (8SO) 487..4545. '
Sincerd1,
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1. Thomas Bcd. Chief
Bureau ofLooaJ Pla.nnlng
JTB/~
Enclosurci: ,Notice or Intem
Statement of Intent
00: Mr. Manuel Pwiwi~ &ccutive Director, Tampa BIlY Regional Pl&nning CounclJ
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ORDINANCE NO. 6353M99
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 33, SECTION 33.067,
CODE OF ORDINANCES, RELATING TO WATERWAYS
AND VESSELS, TO AMEND DEFINED AREAS FOR
SPEED RESTRICTIONS OF VESSELS; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 33.067 is amended to read:
Sec. 33.067. Same-Areas defined.
, (7) Slow down-minimum wake zone, north of Memorial Causeway.
All waters in the following described area are designated as a slow down M minimum
wake zone: Begin at a point approximately on the shore line at Island Estates located at
27 degrees 59 minutes 23 seconds north. 82 degrees 49 minutes 18 seconds west. then
westerly to the easternmost point of Somerset Street the we3tCfflm03t point of Palm
Island N. W. (a street) an I'3land E3tatc3, then wC3tcrly to the c~ternmo3t poiat of
Juanita W II:)" on Clearwater Beach Island, then southerly along the shoreline of
Clearwater Beach Island to the fiXed highway bridge at the west end of Memorial
Causeway, then easterly along the bridge and Memorial Causeway to the west
shoreline of Island Way, then northeasterly along the shoreline of Island Way to the
shoreline of Island Estates, then along the shoreline of Island Estates to the point of
beginning.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON THE FIRST READING
December 10, 1998
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
!.. .
~~' ~
John Carassas, Assistailt City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance No. 6353.99
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Scale 1 "= 1 /4 Mile
Existing Minimum Wake Zone
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Existing Minimum Wake Zone
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CllY OF C EARWATER. LORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
SlOW DOWN - MINIMUM WAKE
ClEARWATER HARBOO
IStAND EST... TE5
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ORDINANCE NO. 6354.99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 100 FEET EAST OF PINEWOOD AVENUE &
280 FEET SOUTH OF DREW STREET, CONSISTING OF LOT
25. BLOCK D. EASTWOOD TERRACE, SECOND ADDITION.
WHOSE POST OFFICE ADDRESS IS 148 BAYWOOD AVENUE.
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
JO
WHEREAS, the owner of the reat property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now. therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The foJlowing-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot Twenty~five (25). Block "0", Eastwood Terrace, Second Addition, according to
Map or Plat thereof as recorded In PIal Book 52, page 49, Public Records of
PineUas County. Florida. (A 98-28)
Section 2. The provisions of this ordinance are found and detennined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks. rights-of-way and other dedications to the public which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer. the
City Clerk and the Planning and Development Services Administrator are directed to include and
show the property described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, Including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10. 1998
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6354.99
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PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
OWNER: Julian K. & Pauline C. Bridges A: 98.28
ADDRESS: 148 Baywood Avenue
PROPERTY DESCRIPTION: Eastwood Terrace, 2n11
Addition, Block 0, lot 25
LAND USE PLAN ZONING GENERAL LOeA liON 300 feet South of Drew Street
COUNTY: Residential Low R-3
CITY: Residential Low RS 6
ACRES: 0.16
Rlght-ot.way: ACRES:
ATLAS PAGE: 290A SEC~19 TWP: 29 S RGE: 16 E
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EXHIBIT "A"
Ordinance No. 6354-99
-
ORDINANCE NO. 6355.99
~I
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATLAS O'F THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 100
FEET EAST OF PINEWOOD AVENUE & 280 FEET SOUTH OF
DREW STREET. CONSISTING OF LOT 25. BLOCK D,
EASlWOOD TERRACE. SECOND ADDITION, WHOSE POST
OFFICE ADDRESS IS 148 8AYWOOO AVENUE. UPON
ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-
FAMILY RESIDENTIAL MSIX" (RS-6); PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the assignment of a zoning district classification as set forth in this ordinance
fs 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 Zonino District
Lot 25. Block -D., Eastwood Terrace. Single-Family Residential-Six" (RS-6)
Second Addition, according to Map or Plat thereof
as recorded in Plat Book 52. page 49. Public
Records of Pinellas County, Florida (A 98-28)
Section 2. The Planning and Development Services Administrator is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 3. This ordinance shall take effect Immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6354.99. .
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10. 1998
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6355-99
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PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
OWNER: Julian K. & Pauline C. Btidges A: 98.28
ADDRESS: 148 Baywood Avenue
PROPERTY DESCRIPTION: Eastwood Terracs, 2nd
Addition, Block 0, lot 25
LAND USE PLAN ZONING GENERAL LOCA liON 300 feet South of Drew Street
COUNTY: Residential Low R.3
CITY: Residential Low AS 6
ACRES: 0.16
RIght.Qf.way: ACRES:
ATLAS PAGE: 290A SEC:19lWP: 29 S RGE: 16 E
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{;PLANNING:ANO:ZONING POARD'. NOVemb't1r'17:'.1998'~:".:;'
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Ordinance No. 6355-99
-
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ORDINANCE NO. 6359-99
~~
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA. VACATING THE NORTH 5.0 FEET OF THE
SOUTH 10 FOOT DRAINAGE AND UTILITY EASEMENTt
LYING IN LOT 6. BLOCK uH', NORTHWOOD ESTATES -
TRACT uFt!; PROVIDING AN EFFECTIVE DATE.
WHEREASt George E. Erickson and Mary S. Erfcksont owners of real property
located in the City of Clearwatert have requested that the City vacate a portion of the
drainage and utility easement described in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; nowt therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
The North 5.0 feet of the South 10 foot drainage and utility easement. lying
in Lot 6, Block llH". Northwood Estates - Tract UF\ less the East 5 feet. as
recorded in Plat Book 77. Pages 4647 of the Public Records of Pinellas
County, Florida
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right. title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Floridat following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 10. 1998
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
~ -~
n Carassas ~
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6359-99
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Exhibit "A"
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Lot 22
L 10' rainage& U ility
BLOCK H Ease nenls (Typ.)
P B. 77, P 46
EASEMDV T VA CA T/ON
REQUESTED BY
APPL/CAN T
SWEETGUM WAY SOUTH
5' Droin':Jge .& Utility
Easements \ Typ.)
NORTHW OD E TATES
Lot 5 Lot 6
5'
" F"
Lot 7
Lot 8
Lol 21
Lot 20
Lot "19
DEER RUN SOUTH
CITY or CLEARWATER, F1DRIDA
PUBUC WORKS ADMINISTRATION
ENGIHEElUNG
S-T-R: 29-28S-16E
GrId to 2228
ll-US IS NOT A SURVEY
"ERICKSON.
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Drawn by. EA
Date: 11/12/98
Ordinance 6359-99
ORDINANCE NO. 6360-99
J3
AN ORDINANCE OF THE CllY OF CLEARWATER,
FLORIDA, VACATING THE 10.0 FOOT UTILITY EASEMENT
LYING ALONG THE SOUTHERLY LOT LINE OF LOT 16,
FOREST WOODS ESTATES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Earle T. Cooley, owner of real property located in the City of
Clearwater, has requested that the City vacate the utility easement described in Exhibit A
attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
The 10.0 foot utility easement lying along the southerly lot line of Lot 16,
Forest Woods Estates, as recorded in Plat Book 69, Page 17 of the Public
Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10, 1998
Rita Garvey
, Mayor-Commissioner
Approved as to form:
Attest:
~-~.~
John Carassas
Assistant City Attorney
-
Cynthia E. Goudeau
City Clerk
Ordinance No. 6360-99
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EASEMENT VACATION
REQUESTED BY
APPLICANT
M. & B. 32/05
CITY OF CLEARWATER. ,FlDRIDA
PUBLIC WORKS ADIdINlSTRATION
ENGDfEERING
S-T-R: 4-29S-16E
Grid #: 265A
ll-i1S IS NOT A SURVEY
.COOLEY"
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Dote: 11/12/98
Ordinance 6360-99
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ORDINANCE NO. 6371-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMITTING TO THE CITY ELECTORS PROPOSED NON-
SUBSTANTIVE AMENDMENTS TO THE CITY CHARTER;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
;)Lf
, Section 1. It Is hereby proposed that the City Charter be amended as outlined in Exhibit
A attached hereto. Said amendments are grammatical, numbering, and organizational changes
to the charter.
Section 2. A referendum election is hereby called and will be held on March 9, 1999, at
the general city election for the consideration of the voters of the City of Clearwater for the
proposed charter amendments. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the regular municipal election scheduled for March 9,
1999, shall be as follows:
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to Ordinance 6371-
99 entitled MNon-Substantive Changes" to eliminate references to gender,
simplify language. correct grammar. move certain provisions to different sections
and articles and eliminate certain transitional provisions which are no longer
applicable?
For amendment to City Charter
Against amendment to City Charter
YES
NO
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 10, 1998
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6371-99
-
NON-SUBSTANTIVE CHANGES
I ARTICLE I. _CORPORATE EXISTENCE AND POWERS
'I Section 1.01. .Corporate existence and powers.
I (a) General Powers. The City of Clearwater, Florida; hereinaftor
referred to 3e,.(the "cityJ, as created by Chapter 9710, Special Laws of Florida,
1923, as amended, shall exist and continue as a municipal corporation, shall
have all governmental, corporate and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal
services, and may exercise any power for municipal purposes except when
expressly prohibited by law. In addition to the Dowers enumerated herein. the
city shall be vested with all p'owers granted by general or special acts of the
Legislature of the State of Florida and as otherwise provided by law.
(b) _ Exercise of Powers. The city may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, by
contract or otherwise, jointly or in cooperation with anyone or more states or
political subdivisions or agencies thereof, or the United States or any agency
thereof.
(c) . Construction. The powers of the city under this charter shall be
construed liberally in favor of the city. .The city~ will bo empowered to do
whatever is necessary and proper for the safety, health, convenience and
general welfare of its inhabitants. The specific mention of a particular power in
I thistRe charter shall not be construed as limiting in any W3Y the general power
stated in this section of Article I.
(d) . In addition to tho powers enumerated heroin, the city shall be
vestod with 311 powers grantod by genoral or special acts of tho Logisbturo of the
Stata of Florida 3nd othorwico providod by law.
Section 1.02. _Corporate boundaries.
The corporate boundaries of the city shall beromain fixod 3nd o&tablished
as they exist on the date this charter takes effect, provided that the city shall
have the power to change its boundaries in the manner prescribed by law.
I ARTICLE II. _LEGISLA liVE POWER
I Section 2.01. _Commission; composition; powers.
I (a) Composition. _There shall be a city commission. horeinaftoF
referrod to Of> (the :commission:1, composed of five commissioners. including the
mayor-commissioner. The members will occupy seats numbered one through
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five. Inclusive. All members shall be elected at large by the qualified voters of the
city.
(b) Powers. ~AlIlegislative power of the city shall be vested In the
commission. except as otherwise provided by law or the provisions of this
charter. and the commission shall provide for the exercise thereof and for the
performance of all duties and obligations imposed upon the city by law.
(c) Duties. It shall be the duty of the commission to discharge the
obligations and responsibilities imposed upon the commission by state law. city
ordinance and this charter. As a part of the discharge of its duty, the commission
shall:
1, Tho commission shall Each October. bo rOGponsiblo fOf ovaluating
evaluate the j9b performance of all their eXQcutivo ::md
administrative appointoes. reporting such evaluation eaoh yoar ill
tAo month of Octobor to tho citizons of the city. the city manager
and city attorney, recognizing areas of exceptional performance as
well as areas of in which performance can be improved. The
evaluation process shall be determined by the commission,:, eRG
m3Y be made by tho commission as :1 wholo, an independent
m:magemen! consultant. an appointed citizens' committoe, or any
oombination. The results of the evaluation shall be reported tAa
adequacy of porformanco, recognizing arO:1S of exceptional
perform:1nce :)& wall ac areas of impro'J:1bre performnnco to the
citizens of the city.
2. The commicclon sh:111 Aadopt by ordinance a fi&G31 managoment
procedure codo providing ~ comprehensive system of fiscal
management. The fiscal management ordinance shall include
provisions relating to the operating budget. capital budget and
capital program. providing for hearings on the budqet. capital
budget and capital program and the amendment of the budget
following adoption
3. Tho oommis&ion chari .Eprovide for an annual or more frequent
independent audit of all city accounts by a firm of certified public
accountants.:. of all city accounts and may provide for more
froquent :1uditG jf the commission dooma it nOGoscary. No firm shall
be employed for more than five consecutive years. All audits shall
be according to tho procedures and roquiremontG requirod by in
accordance with law.
4. Regulate comprehensive planninQ. zoning and land development as
provided by law.
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(d) Limitations. _ The legislative power provided herein shall have the
following limitations:
(1) The total indebtedness, which for the purpose of this limitation shall
include revenue, refundlng,f. and improvement bonds of the city,f. shall not exceed
20 percent of the current assessed valuation of all real property located In the
city.:.+ ~aA€I- The totar budgeted expenditures in any fiscal year shall not exceed the
total estimated revenue plus any unencumbered funds carried forward from a
prior fiscal year.
(2) All purchases in excess of $10,000.00 shall be awarded to the
rowest responsive and responsible bidder, selected after receiving seared,
competitive bids from no less than three qualified vendors whenever practicaJ.:.t
pr.eYided. howover. th:lt such Purchases that ora in excess of $25,000.00 shall
be awarded by the commission. _No Gontraot or purchase which is subject to tM
f'equiromsRts imposed by this sect!QQpDragr3ph may be split or otherwise
awarded in a cumulative manner.
ill 00 Any non-budgeted expenditure in excess of $5 million must be
approved by the commission atiR two separate meetings&oGcionc held at least
two weeks apart and aR-advertised notice of a public hearing must be given at
least five days prior to the second meetingw&sion.
@ (-3) \Nith the exception of maintenance or emergency dredging) oraRd
dredging relaUnged to that portion of Dunedin Pass located within the boundaries
of the city) permits for dredging or filling in excess of 4.000 cubic yards below the
mean high water line may be authorized onfy after g,properfy advertised public
hearings before the commission and approval at referendum.
@ ~ Real property.
(i) Prior to the safe, donation, lease for a {enn fonger than five
years. or other transfer or-to tho loase for a term longer th:lO fivo ye:3fs _of any
municipal real property, the rear property must be declared surplus and no longer
needed for municipal public use by the commission at an advertised public
hearing. _Except in the case of right-of~way dedications. er-the granting of
easements,L or transactions with governmental entities as described herein, no
real property may be given away or donated without prior approval of tho
qualified votere of the oity at referendum.
(ii) Except as otherwise provided herein, real property -declared
surplus shall be sold to the party submitting the highest competitive bid above
the appraised varue whose bid meets the other terms set by the commission and
whose proposedwiJJ use of the property is in accordance with the commission's
stated purpose for declaring the property surplus. if any.
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(iii) Surplus real property may be transferred to another
governmental entity for less than the appraised value after an advertised public
hearing has been held and a finding by the commission of a valid public purpose
for the transfer.
(iv) Surprus real property may be exchanged for other real
property having a comparable appraised value.
(v) No municipally owned real property identified as
recreation/open space on the city's comprehensive land use plan map ac caid
plan oxistod on November 16,1989 (or as may be amended thereafter), may be
sold, donated. leased for a new use, or otherwise transferredconveyod..fo
another ontity without prier approval of the qualified votors at referendum, except
when the commission determines it is-appropriate to dedicate right~of~way from
such propel1l!ie& identified as recrontionlopon Cp300. Such recreation/open
space property may be leased for an existing use, without referendum, unless
such lease is otherwise prohibited by charter or ordinance.
(vi) No right~of-way or easement which terminates at, or
provides access to, the water's edge of either :1 body of fresh or saft water Gf-a
body of ff-osh 'N3tor may be vacated for privatettle benefit of private individuals.
Nothing contained in this sectionparagraph shall prevent an easement for utility
purposes from being exchanged for a new easement for similar purposes or from
converting a fee interest for utility purposes into an easement for such purposes.
(vii) The commission D1ayhas the power to lease municipal real
property for five years or less without declaring it surplus. _Municipal real
property declared surplus may be leased for a term up to 30 years, provided,
however, nothing herein shall preclude -renewal of any lease for a maximum of
30 years. Municipal property declared surplus may be leased for an initial period
of time or a renewal period exceeding 30 years, if approved at referendum, but
not to exceed 60 years total. _leases of real property in an industrial park shall
provide for continual use for private/public business purposes.L aAd-shall provide
a reasonable rate -of return on the city's investment. and shan incfudgiRg a rent
escalation clause.
(viii) AU 'eases of municipal reaf property shall contain recapture
and reverter clauses.
(ix) The commission When purchasing real property forv.lhose
sales price is less than $250,000.00.1 -the commissionat 3 minimum shall obtain
an appraisal performed by the appropriate city staff or independent certified
appraiser. .If the purchasesale6 price of such property is-equal~ te-or exceeds
$250,000.00 but is less than $500,000.00, the commission shall obtain at least
one appraisal by an independent certified appraiser. Jf the purchasesalea price
of such property iG oqu31 to equals or exceeds $500,000.00, the commission
shall obtain at least two appraisals by independent certified appraisers.
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!ID ~ No municipal or other public real property lying west of Osceola
Avenue, east of Clearwater Harbor between Drew and Chestnut Streets. being
further described as:
That portion of city.owned land bounded on the north by the right.of.way of Drew
Street, on the east by the right.of.way of Osceola Avenue, on the south of the
right-of-way of Pierce Street, and on the west by the waters of Clearwater
Harbor. lying below the 28 mean sea level elevation, together with the following
described tract: Beginning at the northeast corner of section 16. township 29
south, range 15 east. Pinellas County, Florida, and run thence west along the
north line of said section, 1320,0 feet; thence south along the west line of the
east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an
inters'ection with an easterly projection of the centerline- of Pierce Street; thence
south 89045'0011 W along the centerline of Pierce Street, 418 feet to an Iron stake
set in a projection of the west line of Osceola Avenue as extended across Pierce
Street; thence south 20 feet arong this projection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue; thence south 88018'42" W
arong the south line of Pierce Street, 375 feet to the point of beginning; thence
continue south 88018'42" W, 270.89 feet along said south fine of Pierce Street to
the east right-of.way line of Pierce Boulevard; thence south 19024'39" east along
aforesaid east right-of.way along a curve to the right. chord 157.24 feet, arc
157.41 feet, radius 980 feet; thence north 88018'4611 east, 120.42 feet; thence
north 0014'32" west, 50 feet; thence north 88018'4211. 100 feet; thence north
0014'32" west, 99.80 feet to the point of beginning less and except that portion of
the above described tract designated for the Bandshell Site,
and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly described
as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right~of-way,
lying between the east abutment of the west bridge and the east line of
Clearwater Harbor, and the submerged portions of Board of Trustees of the
Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and public utilities
together with associated appurtenances, except upon a finding by the
commission at a duly advertised public hearing that such development is
necessary in the interest of the public health, safety and welfare of the citizen~ of
I the city and approval of such finding at a-referendum; conducted subsequent to
the public hearing. Howover, _City-owned tennis courts and associated
appurtenances may be constructed and maintained on such property south of
Cleveland Street.
(7) No city owned real property in the area bounded on the north by
the-right of way of Drew Street, on the east by the fight of way Una of.Osceola
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Avenue. on the south by tho right of woy riA&-ef Pierce Street. and on the west
by the waters of Clearwater Harbor, shall be sold, donated. leased. donotod or
otherwise transferred or used for other than city facilities except upon a finding
by the commission at a dury advertised public hearing that such transfer or use is
necessary and In the interest of the public health. safety and welfare of the
citizens of the city and the approval of such finding& at a-referendum; except for
that structure known as HarbolView Center, more particularly described as:
Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's
Corrected Map of Causeway Business District, according to the plat thereof as
recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County.
Florida, for a POINT OF BEGINNING, said point being said Westerly right-of-way
line of Osceola Avenue; run thence S 0102611 T' E, along said Westerly right-of-
way line of Osceola Avenue. 224.38 feet, to the Northerly right-of-way line of
Cleveland Street; thence N 89058'26" W. along said Northerly right-ot-way rine at
Cleveland Street, 403.55 feet; thence N 00000'1511 W, along a line West of the
existing Harborvlew Center Building. 217.30 feet; thence along a line Northerly of
said Harborview Center Building the foHewing two courses,S 89058'26" E,
187.20 feet; thence N 88007'14511 E, 310.85 feet to the POINT OF BEGINNING.
which structure may be leased for and used in furtherance of any municipal
purpose consistent with the character and ordinances of the city.
Section 2.02. _Qualifications.
+he-Members of the commission shall be qualified voters of the city and
shall have continuously resided in the city for at least one year prior to submitting
a petition for election. _The commission shall be the judge of the election and the
other qualifications of its members and of the grounds for forfeiture of their office.
Section 2.03. _Election and terms.
All commissioners. including the mayor-commissioner, shall be elected for
terms of three years. _Terms shall overlap, with the mayor-commissioner and two
commissioners erected one year. and the additional two commissioners eJected
the fOllOWing year.
A person shall not serve more than six consecutive years as a city
commissioner after which such person shall not be ahold :my city commissiong[
seat, other than mayor-commissioner, for a minimum of three years.
A person shall not serve more than six consecutive years as mayor-
commissioner after which such person shall not serve as mayor-commissioner or
Rold any city commissioner &effi..for a minimum of three years.
Newly elected commissioners shall take office and bo sworn in on the first
Thursday in April.
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Section 2.04. .Compensation and expenses.
The commission may determine the annual salary of commissioners and
the mayor-commissioner by ordinance:... blit-No ordinance Increasing such salary
shall become effective until the date of commencement of the terms of
commissioners elected at the next regular election, provided that such eJection
follows the adoption of such ordinance by at least six months. .Commissioners
shall be reimbursedrecoive their actual and necessary expenses incurred in the
performance of the;' duties of office.
Section 2.05. _MayorooCommlssioner, functions and powers.
The mayor.commissioner shall preside at all meetings of the commission,
perform such other duties consistent with the office as may be imposed by the
commission and this charter~ and shall have a voice and a vote in the
proceedings of the commission, but no veto power. The mayor-commissioner
may use the title of mayor in any case in which the execution of legal instruments
in writiRfr. on behalf of the city or otherwise as necessity arising from the genor~ll
laws of tho Stato of Rorida, tho statutes or oxeoutive orders ef the government of
the United State!;, or thie chartor co required by law.f 9Ht-.This authorization does
&J:taU..not bo cOfl&iElered as-.conferfiAg- upon the mayor-commissioner
administrative duties except as required to carry out the responsibifities stated in
this charter. _The mayor-commissioner shall be recognized as the official head of
the city by the courts for the service of process, by the governor for purposes of
military law, and for aU ceremonial purposes.
At the second evoning commission meeting eachifl April of each YOOf, the
commission shall erect one of its members as vice-mayor. _The vice-mayor shall
act as mayor-commissioner during the temporary absence or inability of the
mayor-commissioner to perform the duties of the office of the mayor.
Section 2.06. .Prohibitions.
(a) Appointments and removals. .Neither the commission nor any of its
members shall in any manner dictate the appointment or removal of any city
administrative officers or employees whom the city manager... or any of the city
manager's subordinates... iSaf9 empowered to appoint.
(b) Dealing through city manager. Except for the purpose of inquiries
and investigations, the commission or itG members shall deal with city officers
and employees who are subject to the direction and supervision of the city
manager solely through the city manager:,._-aflG-Neither the commission nor its
members shall give orders to any such officer or employee, either publicly or
privately...1t is tho oxprecs intent of thlE> charter that Recommendations for
improvement in city operations by individual commissioners shall be made to and
through the city manager.
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Nothing In the foregoing paragraph Is to bo construod to prohibit!!
individual members of the commission from Glosely GortJtinlzlng by questlon1n.gs
and porcon31 observatioo!n.g& all aspeots of city operations so as to obtain
independent Information to assist them members of tho commission in the
formulation of Gound policy.
(c) Holding other office. _No present or former commissioner shall hold
any compensated appointive city office or empfoyment until one year after the
expiration of the term for which such commissioner was elected.
Section 2.07. _Vacancies; forfeiture of office; filling vacancies;
advisory boards.
(a) Vacancies. _The office of a commissioner shalJ become vacant
upon the death, resignation... er-removal from office in any lawful manner...
authoj:lzed or roquirod by law-or forfeiture of the office, such forfeiture to be
declared by the remaining members of the commission.
(b) Forfeiture of office. _A commission member shall forfeit such office
jf such member.
1. Lacks at any time during the term of such office any qualification for
the office prescribed by this ch~lftor or by law, or
2. Is convicted of a felony or a crime involving moral turpitude. or
3. Fails to attend six consecutive regular meetings of the commission,
unless such absence is excused by the commission. or
4. Fails to attend twenty-five per cent of the regular meetings during a
12-month period whether excused or not.
(c) Filling of vacancies; vacancy in commissioner's seat.
1. A vacancy onm the commission should be filled by majority vote of
the remaining commission members within 30 days afteref the vacancy. _The
person so appointed shall serve as a commissioner mambor until the next
regular or special election. _At such election, a commissioner shall be elected to
serve for the remainder of the unexpired term of office.
2. If the commission fails to fill such vacancy within 60 days after it
occurs. a special erection shall be called to fiU the unexpired term.
3. Any person appointed to fill such a vacancy shall possess all the
qualifications required of a commission member ~&-6h:]ftOF and by raw.
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(d) Extraordinary vacancies. .In the event that all commission
members reslqn or are removed by death, disability, or forfeiture of office, the
governor shall appoint an Interim commission that shall call a special election to
be held within 90 days afteraf the occurrence of the vacancies.:.. -8ft9-Such
election shall be helddeAe In the same manner as the first election under this
charter. In the event vacancies cannot be filled as provided In section 2.07(c)
because of permanent vacancies which make it Impossible to assemble a
quorum, then in such case the governor shall appoint that number of commission
members necessary to constitute a quorum who shall hold office until the next
regular or special election.
(e) Advisory boards. _The commission may at any time appoint one or
moreaA advisory board(s) composed of residents of the city qualified to act in an
advisory capacity to the commission. _An "advisory board" isshall mo:m any
board, group, committee.!, or commission whose powers, jurisdiction 3nd-authority
iSafe solely advisory and does not include the final determination or adjudication
of any personal or property rights, duties... or obligations. _The members of
advisorySYGR board~s) shall serve without compensation for the time fixed in their
appointment, or at the pleasure of the commisslon.~.:,aRd-_Their duties shall be to
consult... aA4-advise with such ,municipal officers.!, and make written
recommendations which shall become part of the records of the city. _All
meetings shall be public.
(f) Regulatory boards. _The commission Is empowered to appoint
regulatory board(s} as may be established by law.
Section 2.08. _Procedure.
(a) Meetings. _The commission shall meet regularly at least once
eachin c'/ery month at such times and places as the commission may prescribe
by rule. _Special meetings may be held on call of the mayor-commissioner, the
city manager, or any two commissioners and, wheneveF practlca!bla, upon no
less than 24 hours' notice to each member and the public. _All meetings shall be
public. _The city manager and any commissioner shall have the power to cause
any item to be placed on the next compilod agenda.
(b) Rules and minutes journal. _The commission shall determine its
own rules and order of business. The city clerk shall keep minutes a journal of
the commission proceedings.
(0) Voting. _Voting on ordinances and resolutions shall be by roll call
and shall be recorded in the minutes journal. _A majority of the commission shall
constitute a quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the commission.
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Except as provided In section 2.07(c), section 3.02 and In the preceding
sentence. no action shall be valid or binding unless adopted by the affirmative
vote of the majority of all commissIon members.
Section 2.09. .Ordinances and resolutions In general.
(a) Definitions.
1. "Ordinance" means an officia'. legislative action of the commission.
which action is a regulation of a general and permanent nature and enforceable
as a local law.
2. "Resolutiontl means an expression of the commission concerning
matters of administration, an expression of a temporary character. or a provision
for the disposition of a particular item of the business of the commission.
(b) Form. _Each ordinance or resolution shall be introduced in writing
and shall embrace but one subject and matters properly connected therewith.
The subject shall be clearly stated in the title. _No ordinance shall be revised or
amended by reference to its title only. _Ordinances to revise or amend shall set
out in full the revised or amended action. sectionl subsection, or paragraph of a
section or subsection.
(c) Procedure. _A proposed ordinance shall be read by title, or in full,
on at least two separate days, at either regular or special meetings of the
commission. and shall, at least ten days prior to adoption. be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment
shall state the datel timel and place of the meeting, the title or titles of proposed
ordinances and the place or places within the city where such proposed
ordinances may be inspected by the public. .The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the
proposed ordinance.
(d) Effective date. _Except as otherwise provided in this charter, every
adopted ordinance shall become effective ten days after adoption or as
otherwise specified therein.
(e) Emergency ordinances._-An ordinance may be passed as an
emergency measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons constituting the
emergency and receives the vote of at least fourtwo thif8& of tho commission
members. .An emergency ordinance shall remain effective as an ordinance for a
period of 90 days and shall automatically expire at the end of such eO-day period
unless during the time of such period the ordinance is submitted for adoption in
the manner provided for non:emergency ordinances. Such ordinances may not
levy taxes; grant. renew or extend a franchise; change election qualifications; set
service or user charges for any municipal services; authorize the borrowing of
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money; enact or amend a land use plan; or rezone private real property.
Emergency ordinances shall become effective upon passing or at such other
date as shall be specified in the ordinance.
Section 2.10. Authentication, recording and disposition of charter
amendments, ordinances and resolutions.
(a) Authentication. The mayor-commissioner and the city clerk shall
authenticate by their signatures all ordinances and resolutions adopted by the
commission. In addition, when charter amendments have been approved m
referendum by the qualified votors, the mayor-commissioners and the city clerk
shall authenticate by their signatures the charter amendment..:.&YGA
3uthentication to reflect the npprov:J1 of the charter amendmont by the qU:lufied
votere.
(b) Recording. The city clerk shall keep properly indexed bookG and/or
micrefUm records in which shall be recorded, in full, all ordinances and
resolutions passed by the commission. Ordinances shall be-periodically ~
codified. The city clerk shall also maintain the city charter in current form and
shall enter all charter amendments.:. and Good a A copy of the revisod charter
incorporating and any amendments thereto shall be sent to the secretary of
etate's office ~tate.
(c) Printlng. Availabilitv of Public Records The commission shall. by
ordinance, establish procedures for making all resolutions, ordinances. technical
codes adopted by reference, and this charter available to the people of the city
for public inspection and available for purchase at a reasonable price to cover
the cost of reproduction.
ARTICLE III. _ADMINISTRA TIONVE
Section 3.01. _City manager.
TheThero Gh311 bo a city manager shallte selVe as the chief administrative
officer and chief executive officer of the city. _:J:he city manager shall be
appointed on the basis of administrative qualifications, experience. and
trainingexporionce and training. The city manager need not be a resident of the
city or state at the time of appointment, but shall establish residency within the
city within one year afteraf the appointment. The city manager shall be
responsible to the commission for tho 3dmini&tr3tion of all city administrative
affairs placed in his or her chargo by or undor this charteF.
Section 3.02. MAppointment; removal; compensation.
(a) Appointment._ The commission shall appoint a city manager by an
affirmative vote of four commission members. _The city manager shall hold office
at the pleasure of the commission.
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(b) Removal. _The commission may remove the city manager by an
affirmative vote of four commissIon members or 9y-a majority of the commission
members voting for removal at two separate meetings held at least two weeks
apart. _Upon request by the city managerJ, a public hearing will be held prior to a
vote to remove the city manager.
(c) Compensation. _The compensation of the city manager shall be
fixed by a majority {ofJ all the commission members.
(d) Acting city manager. _By letter,; filed with the commission, the city I'
manager sha" designate one or more assistant city managers to exercise the
powers and perform the duties of city manager during the city manager's
temporary absence or disability. This+ho aforementionod designation shall be
limited to a period of 60 days. ~At the expiration of this periodtime, the
commission shall appoint an interim or new city manager in accordance with the
provisions of thisthe charter.
Section 3.03. _Powers and duties of the city manager.
The city manager shall:
(a) Appoint and, whon tho city managor doems it nocoE:sary for the
good of the city, suspend, demote~ or remove any city employees or appointive
administrative officers under the city manager's jurisdiction providod for or under
this charteF, except as may be otherwise provided by law. Such appointment,
suspension, demotion~ or removal shall be in compliance with the civil service
law and otheraD applicable rules and regulations of the-city.
(b) Establish or discontinue any department, division or board in the
administrative affairs oftha city, subject to commission approval.
(c) Attend commission meetings and shall have the right to take part in
discussion,L but may-not to vote.
(d) See to the faithful execution oftRat all laws. provisions of this
charter~ and acts of the commission which ara subject to enforcement by the city
manager or by-officers subject to the city manager's diroction and supervision
3m faithfully exocuted.
(e) Prepare and submit to the commission in the form provided by
ordinance, the annual budget. a capital improvement budget, and a projected
capital improvement program for a minimum five-year period.
(f) Submit to the commission and make available to the public a
comprehensive report on the finance and administrative activities of the city as of
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the end of the fiscal year. .In addition to thlsthe comprehensive report, the city
manager shall submit a quarterly financial report.
(9) Make such other reports as the commission may require
concerning the operations of city departments, offices and agencies subject to
the city manager's direction :md supervision.
(h) Keep the commission fully advised as to the financial condition and
future needs of the city and make &H6A-recommendations to the commission
concerning the affairs of the city 3& the city m::m3geF~eem& desiroble.
(i) Sign contracts on behalf of the city pursuant to the provisions of
appropriations ordinances.
m Develop and keep current an administrative code which 6RatJ-set~
forth the organizational and operational procedures of the city government.
(k) Provide such administrative assistance to the commission in
connection with their official duties, and perform such other duties as are
specified in this charter or may be required by the commission.
(I) Act as purchasing agent for the city.
Section 4.04-. 3.04 City clerk.
The city manager shaJJ appoint a city clerk. which appointment must be
confirmed by the commission prior to becominq effective. The city clerk or the
official representative of the city clerk shall:
(8) Be custodian of all records and the official seal of the city:
(b) Attest all documents requiring attestation and agreements to which
the citv is a party:
(c) Arrange for and supervise all city elections:
Cd) Attend all meetings of the commission and keep minutes of its
proceedings;
(e) Give notice of commission meetings to its members and the public:
(0 Perform such other duties as directed or required by law.
Section 3.05 3r04. _Personnel system.
Appointments and promotions of city officials and employees, except
those specifically exempted by ordinance, shall be made solely on the basis of
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merit and fitness demonstrated by examinatron or other evidence of competence
as provided by law.
ARTICLE IV. CITY CLERKj CITY ATTORNEY; LEGAL OEPARTMENT*
SOGtion 4.01. Cit}~ clerk.
Tho oity m~n3gor shall appoint a city clerk. which appointmeAt-foo&t-ge
confirmod by the commis&iGlT-prior to becoming affective. The .city clark or the
offici:" roprosontati'.'6 of tho city clerk shan:
W Be custodian of 0.11 recordct documontc and papers of the oity;
(b) I".<<eet all documentst contracts requiring ottest3tion oRd
agreemonts to whioh tho..city is a party;
(e) Bo cust{)dian of tho official Goal of the cilyi
Cd) J\rrange for ~nd cupol'\'iso all city olectionsr
(-0) I\ttend all mooting€: of tho cemmiGcien and koep a journal minutes
of itG procoedings:
(f) Give oeUoa of oommission meetings to its members and tho pUbflor
(g) Perform Guch other duUse 3S directed or ri3quimd by I::l'.v.
SectIon 4.02. 4.01 City attorney. legal department..
There shall be a legal department, headed by the city attorneYt operating
under the authority of and responsible to the commission. The legal department
shall consist of the city attorney, assistant city attorneys. when appointed and
authorized by the commission. and such other staff as the commission may
direct.
(a) _ Appointment. The city attorney shall be appointed by the
affirmative vote of four commission members and may be removed by a majority
of the members of the commission members voting for removal. _Upon request
by the city attorney a public hearing will be held prior to a vote to remove the city
attorney. _The city attorney shall be a member in good standing ofqualifiod
attorney at law, 3dmitted The Florida Bar and 6urrently eligible to practice before
all of the courtG of the Stato of Flerida and the ~proprbte U.S. District Court for
the Middle District of Florida; and shaU-be :J member in good st::mding of Tho
Florid:) B::u.
(b) Duties. The city attorney shall act 3G be the legal advisor to the
commission, the city manager and all city departmentst offices and agencies.
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When required to do.GO by the city commission, the city attorney shall prosecute
or defend, on behalf of the city, all complaints, suits and controversies In which
the city is a party; and shaff prepare or review and approve as to form and legal
sufficiency all contracts, bonds~ and other instruments to which the city is a party.
The city attorney shall perform such other duties as may be directed by law or
the city commission:. or tho biNS of Florida.
(c) Absence. By letter, filed with the commission, the city attorney
shalt designate one or more assistant city attorneys to perform the duties of city
attorney during his.e temporary absence or disability. :rho 3foremontionod This
designation shall be limited to a period of 60 days. At the expiration of this time,
the commission shall appoint an Interim or new city attorney in accordance with
the provisions of the this charter.
Section 4J)4. 4.03 Assistant city attorneys, special counsel.
(a) Assistants. The city attorney shall appoint as many assistant city
attorneys as authorized by the city commission. CompenE3tion for the 3ssict::lAt
city attorneys sl1311 be established by tho city attornoy and 3pproved by tho
commlcsion.
(b) Special Counsel. The commission, when it shaH deem it
appropriate, may employ special counsel, outside of the legal department, who
shall conduct such Investigations and perform such services as the commission
may direct and who shall report directry to the commission.
Section 4r06. 4.04 Compensation.
The commission shall fix :md provide for determine the compensation to
be paid to the city attorney and special counsel. Compensation for the assistant
city attorneys shall be established by the city attorney and approved by the
commission.
ARTICLE V. PLANNING AND ZONING. Reserved.
[Soction 6.01. RogutatiearJ
+He commicsion iG authorized to 2illill rcgul3te the comprohensive
pk1nning~ and zoning;; :md 10"9 development-af the city and regulato laM
developmont in the manner ;!2 providod by 13Wo
ARTICLE VI. JNITIA liVE. REFERENDUM; RECALL
Section 6.01. Jnitiative.
I The qualified-voters of the city shall have power to propose ordinances to
the commission, and, if the commission fans to adopt an ordinance so proposed
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without any change In substance, to adopt or reject it at a city election, provided
that such powers shall not extend to the budget or capital program or any
ordinance relating to appropriation of money, levy of taxes... or salaries of city
officers or employees.
Section 6.02. _Referendum.
The qU3lified voters of the city shall have power to require a
reconsideration by the commission of any adopted ordinance and, if the
commission fails to repeal an ordinance so reconsidered, to approve or reject it
at a city election, provided that such power shall not extend to the budget or
capital program... er-any emergency ordinance... or ordinance relating to
appropriation of money, levy of taxes... or appointment or salaries of city officers
or employees.
Section 6.03._ Recall.
, The qualifiod voters of the city shall have the power to recall or remove
from office any elected official or officials of the city, for the reasons and in the
manner set forth in the General Laws of the State of Florida, and more
particularly section 100.361, Florida Statutes-{F.S. 100.361], including any
amendments thereto.
Section 6.04._ Commencement of proceedings.
Any five qualified voters may commence initiative or referendum
proceedings by filing with the city clerk or other official designated by the
commission an affidavit stating they will constitute the petitioner'-s: committee and
be responsible for circulating the petition and filing it in proper form, stating their
names and addresses... aRd-specifying the address to which all notices to the
committee are to be sent, and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioner-s: committee is filed, the clerk
or other official designated by the commission shall at the committee's request
issue the appropriate petition blanks to the petitioner!s: committee at the
committee's expense.
Section 6.05. _Petitions.
(a) Number of signatures. Jnitiative or referendum petitions must be
signed by qualified voters of the city equal in number to at least ten percent of
the total number of qooMeG voters registered to vote in the last regular city
election.
(b) Form and content. _All papers of a petition shall be uniform in size
and style and shall be assembled as one Instrument for filing. _Each signature
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shall be executed In ink or Indelible pencil and shall be fOllowed by the address
I of lhe person signing.. Petitions shall Contain or have allached thereto
throughout their cIrculation the full teJct of the ordinance proposed or sought to be
reconsidered.
I (c) Affidavil of the cIrculator. .Each paper of a petillon shall have
allached to it, When filed, an affidavit executed by the circulator thereof stating:
That the circulator perSonally cIrculated the paper; the number of signatures
thereon; that all the signatures Were affiXed in circulator's presence; that the
cIrCUlator believes them to be the genuine signatures of the persons Whose
names they purport to be; and thaI each signer had an oPportunity before
signing to read the full teJct of the ordinance proposed or sought to be
reconsidered.
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I (d) Time for filing referendUm pelitions. .COmpleted referendum
Petitions must be filed Within 90 days aller the effectiVe date ofthe ordinance
sought to be reconsidered.
I SectIon 6.06. .Procedure to filIng.
I (a) Certificate of city Clerk; amendment. .Withln 20 days after the
initiative or referendUm petition is filed, the city clerk or other official designated
by the cOmmission shall complete a certificate as to its SUfficiency, SpecifyIng, If It
lis InSUfficient, the particulars Wherein it is InsUfficle!l!defoctlll& and shall Promptly
send a copy of the certificate to the petlt/oner's COmmittee by registered mail.
I Grounds for InSUfficiency are only those specified In secl/on 6.05.hereQ[..A
Petition certified inSUfficient for lack of the required number of Valid signatUres
may be amended once if the petilioner!s: cOmmlllee files a notice of Intention to
amend il-with the city clerk or other official designated by the COmmiSsion w;thln
fwo working days aller receiving the COpy of Ihe city clerk's certificates and files a
SUPPlementary petition ilpeR additienal papors-Withln ten days aller receiving the
copy of Such certificate. -Tl:Le8usR Supplementary petition shall Comply with the
reqUirements of subsections (b) and (c) of section 6.05.l1ereQ( and Within five
days after it Is tiled the city clerk or other official desrgnated by the commiSsion
shall complete a certificate as to the SUffiCiency of the pelltlon as amended and
prOmptly send a COpy of SUch certificate to the petitioner's cOmmillee by
registered mail as in the case of an Original pel/tion. If a petition or amended
petition Is certified InSUfficient, or if a petition or amended petition is certified
inSUffiCient and the petitfoner's committee does not erect to amend or request
COmmiSsion review under subsection (b) of this Sect/on Within Ihe lime reqUired,
Ihe city clerk or olher official designated by the COmmission shall promptly
I present.!!!!lhiG certificate to Ihe COmmission and lhe certificate shall then be a
final determination as to the SUffiCiency of the petition.
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amended petition has been certltied InSUfficient, the cOmmlllee may, wllhln fwo
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working days after receiving the copy of such certificate, file a request that It be
reviewed by the commission. The commission shall within 30 days review and
approve or disapprove It, and the commission's determination shall then be a
final determination as to the sufficiency of the petition.
Section 6.07. _Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official
designated by the commission, the ordinance sought to be reconsidered shall be
suspended from taking effect. _Such suspension shall terminate when:
00 4-:- There is a final determination of insufficiency of the petition, or
ill2-: The petitioner!s: committee withdraws the petition, or
{gl &- The commission repeals the ordinance, or
@ 4:- Tabulation of the ballots cast by the qu:llified voters of the city on
the ordinance has been certified and repeal of the ordinance has failed.
Section 6.08. _Action on petitions.
(a) Action by commission. _When an initiative or referendum petition
has been finaUy determined sufficient, the commission shall promptly consider
the proposed initiative ordinance in the manner provided in article II or reconsider
the referred ordinance by voting its repeal. -'f the commission fails to adopt a
proposed initiative ordinance without any change in substance within 60 days or
fails to repeal the referred ordinance within 30 days after the date the petition
was finally determined sufficient, it shall submit the proposed or referred
ordinance to the qualified voters of the city.
(b) Submission to qualified voters. _The vote of the city on a proposed
or referred ordinance shall be held not less than 90 days and nat later than 150
days from the date that the petition was determined sufficient. -'f no regular city
election is to be held within the period prescribed in this subsection, the
commission shall provide for a special election; otherwise, the vote shall be held
at the same time as such regular electiont except that the commission may in its
discretion provide for a special election at an earlier date within the prescribed
period. _Copies of the proposed or referred ordinance shall be made available at
the polls.
(c) Withdrawal of petitions. _An initiative or referendum petition may be
withdrawn at any time prior to the 15th day preceding the day scheduled for a
vote of the city by filing with the city clerk or other official designated by the
commission a request for withdrawal signed by at least four members of the
petitioner!s: committee. _Upon the filing of such request~ the petition shall have
no further force or effect and all proceedings thereon shall be terminated.
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Section 6.09. Results of election.
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(a) Initiative. Jf a majority of the qualified voters voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted upon
certification of the election results and shall be treated in all respects in the same
manner as an ordinance of the same kind adopted by the commission. -'f
conflicting ordinances are approved at the same election, the one receiving the
greatest number of affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. Jf a majority of the qu:lIified voters voting on a
referred ordinance vote against the referred ordinance, it shall be considered
repealed upon certification of the election results.
ARTICLE VII. _GENERAL PROVISIONS
Section 7.01. _Charter amendment
(a) Initiation by ordinance. In addition to charter amendments
otherwise authorized by law, the commission may, by ordinance, propose
amendments to any part or all of this charter, except article I, section 1.02,
prescribing boundaries, and upon passage of the initiating ordinance shall place
the proposed amendment to a vote at the next general election held within the
city or at a special election called for such purpose.
(b) Initiation by petition.
1. The qU3lifiod voters of the city may propose amendments to this
charter, except article I, section 1.02, prescribing boundaries, in the manner set
forth in article VI, section 6.05(a)-(c). '
2. Upon certification of the sufficiency of the petition by the city clerk,
the commission shall place the proposed amendment to a vote of the quatmea
voters at the next general or special election held not less than 90 days nor more
than 150 days after certification.
Section 7.02. Charter review advisory committee.
The commission shall appoint a charter review advisory committee in
January, 1994, and at least every five years thereafter provided the
appointments are made in January of a year preceding a city election. The
charter review advisory committee shall be composed of not less than ten
members,:. aR9-Jt shall review the eXisting charter and make recommendations to
the commission for revisions thereto.
ARTICLE VIII. _NOMINATIONS AND ELECTIONS
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Section 8.01. _Qualified voters.
Any person who Is a resident of the city of Clearwater who has qualified
as a voter of tho State of Florida, and Pinellasthe County...of Pinelbs, and who
registers in the procedural manner prescribed by lawtho Goneral Laws of FIGfkfa
and tho ordinances of th&Gity. shall be a qualified voter of the city.
Section 8.02. _Nonpartisan elections.
All nominations and elections for commission shall be conducted on a
nonpartisan basis aR€I-without regard for or designation of political party affiliation
of any nominee on any nomination petition or ballot.
Section 8.03. _Form of ballots.
The commission shall; by ordinancer prescribe the form of the ballot and
the method and m:::mner of holding and tho conducting e.f..all elections of the city.
(a) Commission ballots. _Candidates for seats on the commission shall
be grouped according to the seat number for which they are candidates. _Within
eachthese groups, names shall be placed on the ballot alphabetically. _No
candidate may seek election to more than one seat in any given election.
(b) Charter amendment. _A charter amendment to be voted on by the
qualifiod voters of the city shall be presented for voting by ballot title. _The ballot
title of a measure may differ from its legal title and shall be a clear, concise
statement describing the substance of the measure without argument or
prejudice. _Below, the ballot title shall appear the following question: "Shall the
above described (ordinance) (amendment) be adopted?" Jmmediately below
such question shall appear, in the following order, the word "yes" and also the
word "no" with a locationsufficiont blank Cp3CO thereafter for the pbcing of tho
symbol "X" to indicate the voter's choice or if voting machines arc used, the
quostion Eh311 bo placed &0 3C to indicate to the elector 'Nhich lovor or punch
halo ic used in order to cast a vote f.or or 3gainct.
Section 8.04. _Nominations.
The names of candidates for commission shall be placed upon the
election ballot by the filing of a written notice of candidacy with the city clerk at
such time and in such manner as may be prescribed by ordinance. _The
ordinance shall require the payment of a qualifying fee in the amount of $50.00.
The candidate shall submit petition cards from not less than 250 qU3lified city
voters.
The qualifying fee and petition cards are to be received by the city clerk
not more than 60 days nor less than 46 days prior to the date of the election.
The notice must desIgnate the number of the seat for which the candidate is
20
seeking electron. _All apprfcations sharr be accompanied by an affidavit that the
candidate Is a qualified-voter of the city and has been a resident of said city
continuously for at least one year immediately prior to the filing of the notice of
candidacy. _Where only one candidate qualifies for nomination to a seat on the
commission, then no general election shall be held with respect to the seat and
the candidate shall be declared elected to the seat.
Section 8.05. _Elections.
(a) Commission positions. _AU members of the city commission excopt
as otherwise providod by tho t1hartor, shall be elected at large-by the qu:difiod
yoters of the city. The candidate receiving the largest number of votes among
the candidates for that seat shall be elected.
(b) Regular elections. _Regular city elections shall be held on the
second Tuesday in March of each year in which a commission term expires.
(c) Special elections. _Special municipal elections may be called by the
commission at any time for such purposes as are authorized by this chartar or by
law. _Notice of all specbl eloctions &holl bo publishod in [1 city doily newspaper ill
accordanco 'Nith state. st3tutO&
(d) Canvassing board. _The commission shall meet as a canvassing
board within 24 hours after the closing of the polls in any municipal election and
shall canvass the election returns except when such election is held in '
r conjunction with an election conducted by Pinellas County, in which case tfte
certification of the returns by the county canvassing board may be accepted as
the certification of the municipal election returns.
Section 8.06. _Candidate vacancy.
If the death, withdrawar or removal from the ballot of a qualified candidate
occurs after the end of the qualifying period and leaves -fewer than two
candidates for an office, then the qualifying period -shall be extended to the
latest date onfef which -a name can be added to the ballottho oloction gUidelines
Gaf1 bo mot. If a name cannot be added to the ballotthe olection guidolines.
cannot be met, the remaining candidate shall be declared elected.
I ARTICLE IX. _FISCAL MANAGEMENT PROCEDURE
, The fiscal management procedure shall include provisions relating to the
operating budget, capital budgetJ, and capital program. providing for hearings on
the budget, capital budget and capital program and the amendment of the
budget following adoption. TheSooR ordinance shall in 3ddition contain a
provision requiring that revenue bonds for projects in excess of one million
dollars &hall.be put to public referendum with the exception of revenue bonds for
public health, safety or industrial development and revenue bonds for refunding.
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ARTICLE X. ~TRANSITION SCHEDULE
Section 10.01. Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida legislature,
as amended by special law or otherwise, which are not embraced herein and
which are not inconsistent with this charter shall become ordinances of the city
subject to modification or repeal in the same manner as other ordinances of the
city.
Section 10.02. _Ordinances preserved.
All ordinances in effect upon the adoption of this charter to the extent not
inconsistent with it. shan remain in force untif repealed or changed as provided
herein.
Section 10.03. Rights of officers and employees.
Except as is specifically provided herein. nothing in this charter oxoept ::1&
othorwiso specifically providod shall affect or impair the rights or privlfeges of
, persons who are city officers or employees at the time of adoption. ~City
commissioners shall continue to hold their offices and dischargo the duties
thereof until their successors are eJected.
Section 10.04. _Pending matters.
All rights. claims actions, orders, contracts and legal or administrative
proceedings invorving the city shalf continue except as modified pursuant to the
provisions of the charter.
Section 10.05. _Schedule.
(a) Effective date. _Article VIII of this charter fabting to nomination 3Ad
election of oity offielnls shall take effect immediately upon passage of this charter
at referendum. Term limits as specified in Section 2.03 &h~1I not bo rotroactiva
aOO shall become effective for erections after 1994 for each recpectiva seat on
the data of the noxt olacUo" for that ceat.
(b) Time of taking full effect. _This charter shall be in full effect for aU
purposes on and after approval by a majority of the electors voting in a valid
special-.election to be called for such purpose, and upon being filed with the
secretary of state.
(0) Initial c:llary of commission momberc. _Mombors of tho commission
shaU receive an annual salary equal to that In effoct under the prior charter untn
cuch time as changed in accordance with this chnrter:. '
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reGolutions required to effoct tho transition. Ordinanoes adopted within 60 days
of tho first commission mooting under this charter for tho purposo of facilitating
,the transition may be passed as emergoncy ordinancos-fallewing prooedures set
up by law oxcept that, tr~nGition ordin:mco& sh:lIl be effective fer up to 90 days
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ORDINANCE NO. 6372~99
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE C'TY CHARTER
AMENDING SECTION 1.01 OF THE CITY CHARTER TO
TRANSFER CERTAIN LANGUAGE CONTAINED IN
SUBSECTION (d) TO SUBSECTION (a) AND TO CLARIFY
SUBSECTION (b) TO ALLOW THE CITY TO EXERCISE
ITS POWERS, PERFORM ITS FUNCTIONS, AND
PARTICIPATE IN THE FINANCING THEREOF, WITH ANY
PERSON AS DEFINED BY LAW; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 1.01 of the City Charter be
amended as follows:
Sec. 1.01. Corporate existence and powers.
(a) The City of Clearwater, Florida, hereinafter referred to as the city, as
created by Chapter 9710, Special Laws of Florida, 1923. as amended, shall exist and
continue as a municipal corporation, shall have aU governmental, corporate and
proprietary powers to enable it to conduct municipal government. perform municipal
functions and render municipal services, and may exercise any power for municipal
purposes except when expressly prohibited by raw. In addition to the powers
enumerated herein. the city shall be vested with all powers granted by general or
special acts of the Leqislature of the State of Florida and otherwise provided by law.
(b) The city may exercise any of its powers or perform any of its functions and
may participate in the financing thereof, by contract or otherwise, jointly or in
cooperation with anyone or more states or politicaf subdivisions or agencies thereof, or
the United States or any agency thereof. or with any person as defined by law.
, (c) The powers of the city under this charter shall be construed liberally in
favor of the city. The city will be empowered to do whatever is necessary and proper for
the safety, health, convenience and general welfare of its inhabitants. The specific
mention of a particular power in the charter shall not be construed as limiting in any way
the general power stated in this section of article I.
Cd) IA--addition to the pO'JJers enumerated herein, tho city shall bo vested 'l.'ith
aU powers; grantod by genor31 or special acts of the Logislaturo of tho State of Florida
and otherwioo provided by law.
Ordinance No. 6372-99
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Section 2. A referendum election Is hereby called and will be held on March 9.
1999. at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9. 1999. shat! be as follows:
CITY POWERS
Shall Section 1.01 of the City Charter be amended as provided in
Ordinance 6372-99 to provide that the City may exercise its powers,
perform functions and finance with any person as defined by law and to
consolidate Subsections (a) and (d) relating to the powers of the City?
For amendment to City Charter
Against amendment to City Charter
YES
NO
Section 3. The City Clerk ;s directed to notify the Pinellas County Supervisor
of Elections that. the referendum item provided above shall be considered at the
election to be held on March 9. 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter prOVided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10, 1998
Rita Garvey. Mayor-Commissioner
Approved as to form:
~kln, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6372-99
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MOTION TO AMEND ORDINANCE 6373-99 ON SECOND READING
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, ' In Section 3 of the ordinance, amend the first sentence of the second pa'ragraph
" of Section 2.01 (d)(4)(vi) as follows:
No lease of municipal real property (including options to renew) shall
, exceed 30 years inoluding option to rene'.\'.
Pamela K. Akin
City Attorney
1-21-99,
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MOTION TO AMEND ORDINANCE 6373-99
Amend Section 4 of the ordinance by adding the following language to the second and
third,referendum ballot questions as follows:
i,
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DREDGING
Shall Section 2.01 (d)(3) of the City Charter be amended as provided in'
Ordinance 6373-99 to increase the amount of dredging permitted without
referendum from 4,000 cubic yards to 10,000 cubic yards?
YES
NO
For amendment to City Charter
Against amendment to City Charter
SALE. LEASE OR TRANSFER OF REAL PROPERTY
Shall Section 2.01 (d)(4) of the City Charter be amended as provided in
Ordinance 6373-99 to: permit the sale, lease, exchange or transfer of
municipal real property for less than the appraised value, or allow said
property to be donated without referendum; restrict a term of any lease of
municipal real property to no more than 30 years; delete the requirement
for recapture and reverter clauses in leases, and other nonsubstantive
changes?
YES
NO
For amendment to City Charter
Against amendment to City Charter
---
ORDINANCE NO. 6373-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.01(d) REGARDING LIMITATIONS
ON COMMISSION POWER TO ELIMINATE CHARTER
RESTRICTIONS ON PURCHASING OF GOODS AND
SERVICES; TO INCREASE AMOUNT OF DREDGING
PERMIITED WITHOUT REFERENDUM; TO PERMIT THE
SALE, LEASE OR DONATION OF REAL PROPERTY FOR
LESS THAN APpRAISED VALUE; TO LIMIT LEASES OF
MUNJCIPAL PROPERTY TO 30 YEARS; TO ELIMINATE
THE REQUIREMENT OF RECAPTURE AND REVERTER
CLAUSES IN LEASES; MAKING CERTAIN NON-
SUBSTANTIVE CHANGES; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Subsection (d)(2) of Section 2.01 of the
City Charter be amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
(2) The citv commission shall by ordinance adopt procedures for the
purchase or rental of goods and services. All purohacoe in OXOOGC of
$10,000.00 ch:lIl be a'Nardod to tho lowest rocponGi~'o and r~sponGible
bidder, eelected after receiving &o::1lcd, competitive bide: from no loce than
three qu:lIifiod vondors whonevor practic::lI; provided, ho....'ever, th3t euch
purchac8s that are in oxcac& of $25,000.00 shall bo awarilod by the
comrnicsion. No contract or purchace which is subject to tho requiroments
impocod by this paragraph may -bo split or otherNis8 3warded in a
cumulathr.o manner.
Section 2. It is hereby proposed that Subsection (d)(3) of Section 2.01 of the
City Charter be amended as follows:
OrdInance No. 6373-99
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Sec. 2.01. Commission; composition; powers.
(d)
limitations:
Limitations. The legislative power provided herein shall have the following
(3)
With the exception of maintenance or emergency dredging, or aOO
dredging relating rel:lted to that portion of Dunedin Pass located within the
boundaries of the city, permits for dredging or filling in excess of 4.009
10.000 cubic yards below the mean high water line may be authorized
only after !! properly advertised public hearings before the commission
and approval at referendum.
Section 3. It is hereby proposed that Section 2.01 (d) (4) of the City Charter be
amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
Ml Real properly.
(i) Prior to the sale, donation, or othor tran&fer or to tho lease for a
term; (including options to renew) longer than five years, donation
or other transfer. of any municipal real property, the real property
must be declared surplus and no longer needed for municipal
public use... by the commission at an advertised pubric hearing.
Except in tho C3cO of right of way or oacementc or tran&3otionc
with govornment31 entitiec ac described haroin, no real pr-oparty
may bo given away or donated without prior approval of tho
qualifiod votem of the city ot roferendum.
(ii) Except as otherwise provided herein, real property declared
surplus shall be sold, donated. leased for a term (including options
to renew) longer than five years. or otherwise transferred to the
party Gubmitting the highost competitive bid abovo tho :Jpproiced
vatoo whose biG proposal meets the etRef terms set by the
commission and whose Rroposed use of will use the property is in
accordance with the commission's stated purpose for declaring the
property surplus, if any.
(Hi) Surplus real property may be transferred with or without
consideration to another governmental entity for loce than the
apprnised varue after an advertised public hearing has been held
2
Ordinance No. 6373-99
1~
and a finding by the commission of a valid public purpose for the
transfer.
(Iv) Surplus real property may be exchanged for other real property
having 0 comparable appraised m:Lacceptable value as determined
by the commission at an advertised public hearing.
(v) No municipally owned real property identified as recreation/open
space on the city's comprehensive land use plan map 3& said plan
o)(istee on November 16, 1989 (or as may be amended thereafter),
may be sold, donated) leased for a new use, or otherwise
transferred conveyod to anothor entity without prior approval af tho
qualified votors at referendum, except when the commission
determines it f& appropriate to dedicate right-of-way from such
properij!ie& identified as recreationlopon cpoce. Such
recreation/open space property may be leased for an existing use,
without referendum, unless such lease is otherwise prohibited by
charter or ordinance.
(vi) No right-of-way or easement which terminates at, or provides
access to, the wate'-'s edge of either a body of fresh or salt water GF
a body of (raGh 'Notor may be vacated for private the benefit at
private individu3ls. Nothing contained in this paragraph shall
prevent an easement for utility purposes from being exchanged for
a new easement for similar purposes or from converting a fee
interest for utility purposes into an easement for such purposes.
tyiij No lease of municipal real property shall exceed 30 years incfuding
option to renew. ~he commission h:u:: the pOI....or to 160co municipal
real property for five yearc or loss without declaring it surplus.
Municipal re~1 proporty docf3rad surplus may bo leasad for a-term
up to 30 ye~r&, providod, hm'.'el:er, nothing horeln shall proclude
ronewal of any leaeo for :. m3ximum of 30 years. Municipal
proporty docbrod curpluc may be lea sod for an initial period of time
or a ronewal period excooding 30 years, if 3pproved at reforondum,
but not to eXGOod 60 yearc total. Leacos of r031 property in an
industrial park ch:JlI provide for continual UGO for pri'l3fe!pubJiG
businoss pUrpOG8S ond shall provide a reason3ble-fate--af r.cturn
on tho city's investment including a rent occalation cbuco.
{vili) All loa&o& of municipal real property &hall-Gontain rocapture--3nd
revertor c1ausa&.
~ {vii} When The commission when purchasing real property for whoso
rolec-"f)rico is less than $250,000.00. the commission at a miAimum
3
Ordinance No. 6373-99
-- -- -- -- --..
shall obtain an appraisal performed by the appropriate city staff or
an independent certified appraiser. If the purchase &ate& price of
such property is equalg to or exceeds $250,000.00 but is less than
$500,000.00, the commission shall obtain at least one appraisal by
an independent certified appraiser. If the purchase sate& price of
such property equal~ to or exceeds $500,000.00. the commission
shall obtain at least two appraisals by independent certified
appraisers.
Section 4. A referendum erection is hereby caHed and wiIJ be held on March 9,
, 1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The questions to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 1999, shall be as follows:
PURCHASING REQUIREMENTS
Shall Section 2.01 (d)(2) of the City Charter be amended as provided in
Ordinance 6373-99 to delete a requirement that purchases in excess of
$10,000.00 be competitively bid and that all purchases in excess of
$25,000.00 be awarded by the Commission, and to provide instead that
the Commission shaH adopt an ordinance which provides procedures for
purchase or rental of goods and services?
YES
NO
For amendment to City Charter
Against amendment to City Charter
DREDGING
Shall Section 2.01 (d)(3) be amended as provided in Ordinance 6373-99 to
increase the amount of dredging permitted without referendum from 4.000
cubic yards to 10,000 cubic yards?
For amendment to City Charter
Against amendment to City Charter
YES
NO
SALE. LEASE OR TRANSFER OF REAL PROPERTY
Shalf Section 2.01(d)(4) be amended as provided in Ordinance 6373-99
to: permit the sale, lease, exchange or transfer of municipal real property
for less than the appraised value, or allow said property to be donated
without referendum; restrict a term of any lease of municipal real property
4
Ordinance No. 6373.99
11
to no more than 30 years; delete the requirement for recapture and
reverter clauses In leases, and other nonsubstantlve changes?
YES
NO
For amendment to City Charter
Against amendment to City Charter
..
I,
,
Section 5. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
i .
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum ejection on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10, 1998
Rita GaNey, Mayor-Commissioner
Approved as to form: Attest:
Pa ela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
5 Ordinance No. 6373-99
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ORDINANCE NO. 6374.99
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTION 2.03 OF THE CITY CHARTER TO
PERMIT A COMMISSIONER OR MAYOR-COMMISSIONER
TO SERVE TWO FULL TERMS IN ADDITION TO ANY
PARTIAL TERM, AND TO PROVIDE THAT
COMMISSIONERS SHALL BE SWORN IN AT THE NEXT
COMMISSION MEETING FOllOWING THEIR ELECTION;
AND OTHER NON-SUBSTANTIVE CHANGES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It;s hereby proposed that Section 2.03 of the City Charter be
amended as follows:
Section 2.03. Election and terms.
All commissioners, including the mayor-commissioner, shaH be elected for terms
of three years. Terms shall overlap, with the mayor commissioner ~:md two
commissioners elected one year, and the additional two commissioners and the mayor-
commissioner elected the following year.
A-porson shall not sel"\l.O more than ch( consocutive-yoarc as a city commissionGf
after 'Nhich such perEoA --Ghall not hold any city commission &O-3t, other thaA mayor
commissioner, for a minimum of three years.
^ person shall not servo more than Eix consecutive years as mayor
Gommissioner ottor ~lJhjch CUGh perco" ch~1I not corve as mayor commissioner or hold
any city commission c031 for a miRimum of three yoars.
No person who has. or but for resignation or forfeiture of office would have.
served as a commissioner for two consecutive full terms shall serve as a commissioner
other than mayor.commissioner for the succeeding three-year term. No person who
has. but for resignation or forfeiture of office would have. served as mavor-
commissioner for two consecutive full terms. shall serve as mayor-commissioner or
commissioner for the succeeding three-vear term. Term limits shall be effective for
each respective seat on the date of the next election for that seat after 1994.
Ordinance No. 6374.99
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Newly eJected commissioners shall take office and be sworn in en the first
Thur&day in ^prH at the next commission meeting following certification of city election
returns.
Section 2. A referendum election is hereby called and will be held on March 9.
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal erection scheduled for March 9, 1999, shall be as follows:
COMMISSION ELECTION AND TERM OF OFFICE
Shall Section 2.03 of the City Charter be amended as provided in
Ordinance 6374-99 to revise the term limit provision to allow the
commissioner or mayor-commissioner to serve two full terms in addition to
any partial terms. removing the six consecutive year limitation which each
commissioner or mayor~commissioner may serve; to prOVide that newly
elected commissioners shall take office at the next commission meeting
following certification of election returns?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shaff take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10. 1998
Rita Garvey. Mayor-Commissioner
Approved as to form:
~t K. Akin, City Attorney
Attest:
Cynthia E. Goudeau. City Clerk
2
Ordinance No. 6374~99
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MOTION TO AMEND ORDINANCE 6375-99
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Amend Section 6 of the ordinance by revising the following language to the first
referendum ballot question:
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ADVISORY AND REGULATORY BOARDS
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Shall Section 2.07(e) and (f) of the City Charter be amended as provided
in Ordinance 6375~99-99 to remove the charter limitations on advisory
boards and provide that the commission may appoint such advisory,
boards as it d~ems appropriate and regulatory boards as established by
law?
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YES
NO
For amendment to City Charter
,Against amendment to City Charter
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ORDINANCE NO. 6375~99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.07(e) and (f) OF THE CITY
CHARTER TO ELIMINATE THE CHARTER
RESTRICTIONS ON ADVISORY BOARDS; AMENDING
SECTION 3.03(f) OF THE CITY CHARTER TO REQUIRE
THE CITY MANAGER TO MAKE ANNUAL
COMPREHENSIVE REPORTS; AMENDING SECTION 4.02
REGARDING CITY ATTORNEY TO ELIMINATE CERTAIN
REQUIREMENTS; AMENDING SECTION 6.09
REGARDING ORDINANCES ADOPTED BY INITIATIVE OR
REPEALED BY REFERENDUM; AMENDING SECTION
8.02 REGARDING NONPARTISAN ELECTIONS TO
ADDRESS ADVERTISING UNDER THE CONTROL OF
THE CANDIDATES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.07(e) and (t) of the City Charter
be amended as follows:
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
(e) Ad~4sor}' boards. The commiccion m3Y :J.t any time appoint ~n advisory
boar<f(c) composed of recidents of the city qualified to act iA an 3dvisory capacity to tho
Gommission. An "::1dvisory board" sh311 mean ::my b03rd. group, commUtoo Of
Gammission whose poy.'crs, jurisdiction ~nd authority 3re sofely advicory and <fa not
include tho final determination or 3djudicotion of any pemonal.or property rights, dutlos
or obligatioAs. The members of such beard's) shall servo '::ithout componsution for tho
timo fixed in their appoiAtment. Of at the ploosure .of tho oommission ond their duties
shall be to consult and advise '.vith cuch munioipal efficoes and make-wfitteR
recommendations which shall becomo port of tho racor{]G of tho city. ^J1 mootings &hall
be public.
(1) Regulatory boardG., ee) Boardp. The commission is empowered to appoint
such advisory boards as it deems appropriate and regulatory board(s) as may be
established by law.
Section 2. It is hereby proposed that Section 3.03(f) of the City Charter be
amended as folJows:
Ordinance No. 6375-99
, ..
Section 3.03. Powers and duties of the city manager.
The city manager shall:
(f) Submit to the commission at the first regular meeting in September of
each year and make available to the public a comprehensive report on the
finance financial and administrative activities of the city:. as {)f tho end of
tho .fiscal year. ~n oddition to the compr-ehonci'Je roport, tho city mon3geF
chall cubmit 3 qunrterly-flnaAckd roport-
Section 3. It is hereby proposed that Section 4.02 of the City Charter be
amended as follows:
Section 4.-03. 4.02 City attorneyrappointment, r.omo',alj componaatioAr
qualificationc and dutiea.
(a) The city attorney shall be appointed by the affirmative vote of four
commission members and may be removed by a majority of the members of the
commission members voting for removal. Upon request by the city attorney a pUblic
hearing will be held prior to a vote to remove the city attorney. The city attorney shall be
a qualified nttorAoy at law, admitted :md currently~eligible to practice before 011 of the
courtc of the Stato of Florida and tho oppropriato U.-S. District Court; and shall bo a
member in good standing of tOO The Florida Bar.
Section 4. It is hereby proposed that Section 6.09(a) and (b) of the City Charter
be amended as follows:
Section 6.09. Results of election.
(a) Initiative. If a majority of the qualified voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as an ordinance
of the same kind adopted by the commission,:, except that it may not be repealed until
after the next raguJar city election. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the
extent of such conflict.
(b) Referendum. If a majority of the qualified voters voting on a referred
ordinance vote against the referred ordinance. it shall be considered repealed upon
certification of the election results,:, and may not be reenacted in substance until after
the next regular city election.
Section 5. It is hereby proposed that Section 8.02 of the City Charter be
amended as follows:
Section 8.02. Nonpartisan erections.
2
Ordinance No. 6375-99
MI!I.
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All nominations and elections for commission shall be conducted on a
nonpartisan basis arn:I-without regard for or designation of political party affiliation of
any nominee on any nomination petition or ballot,:, or political advertisement under the
control of the candidate.
Section 6. A referendum election is hereby called and will be held on March 9,
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9. 1999, shall be as folJows:
ADVISORY AND REGUlATORY BOARD~
Shall Section 2.07{e) and (f) of the City Charter be amended as provided
in Ordinance 6375-99~99 to remove the charter limitations on advisory
boards and provide that the commission may appoint such advisory
boards as it deems appropriate and regulatory boards as established by
law?
For amendment to City Charter
Against amendment to City Charter
YES
NO
ANNUAL REPORT OF MANAGER
,Shall Section 3.03{f) of the City Charter be amended as provided in
Ordinance 6375-99 to require the city manager to submit at the first
regular meeting of September of each year a comprehensive report on the
financial and administrative activities of the city and delete the
requirement for a quarterly financial report?
YES
NO
For amendment to City Charter
Against amendment to City Charter
CITY ATTORNEY QUALIFICATIONS
Shall Section 4.02{a) of the City Charter as provided in Ordinance 6375-
99 be amended to delete the requirement that the city attorney be
admitted to practice before the U. S. District Court?
YES
NO
For amendment to City Charter
Against amendment to City Charter
3
Ordinance No. 6375-99
. - . \, ',' ,i.' ~ '. . ~. Iof- '
INITtA liVE AND REFERENDUM ELECTION RESULTS
Shall Section 6.09(a) and (b) of the City Charter as provided in Ordinance
6375~99 be amended to provide that any ordinance adopted by initiative
of the voters may not be repealed by the Commission until after the next
regular city election and that any ordinance repealed by referendum may
not be readopted by the Commission until after the next regular city
election?
YES
NO
For amendment to City Charter
Against amendment to City Charter
NONPARTISAN ELECTIONS
Shall Section 8.02 of the City Charter as provided in Ordinance 6375-99
be amended to provide that political advertising under the control of
commission candidates shall not indicate party affiliation?
I .
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 7. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
Section 8. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shalJ take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
December 10, 1998
Rita Garvey, Mayor~Commissioner
Approved as to form: Attest:
UIL
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
4 Ordinance No. 6375-99
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MOTION TO AMEND ORDINANCE 6376~99 ON SECOND READING
. . Amend Section 1 of the ordinance by changing "or" to "nor" in the last sentence
of Section 7.02, to read as follows:
Neither the amendments nor Sf questions may be changed by the city
commission.
if
Pamela K. Akin
City Attorney
1M21~99
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ORDINANCE NO. 6376.99
;;<~
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTION 7.02 OF THE CITY CHARTER TO
CHANGE THE COMPOSITION OF THE CHARTER
REVIEW COMMITTEE; TO REQUIRE THAT THE
CHARTER AMENDMENTS PROPOSED BY THE
COMMITTEE BE SUBMITTED DIRECTLY TO
REFERENDUM; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWA TERt FLORIDA:
Section 1. It is hereby proposed that Section 7.02 of the City Charter be
amended as follows:
Section 7.02. Charter review advisory committee.
, ,The commission shall appoint a charter review odviEory committee in Janua~h
~ 994, and at least every five years theroafter hereafter provided the appointments are
made in January of a year preceding a city election. The charter review 3dvisory
committee shall be composed of not less than ten members... ~md it Ghall reviow the
exicting charter and make r~commendat1em; to the commhssien for rovi&ions thereto.
two of whom mav shall be commission members. Each commission member shall have
two appointments. with the exception of the two commission members who are on the
committee. who shall have one appointment each. The charter review committee shall
submit a report to the city commission on or before December 1 of the year in which the
charter review was held. Included in the report shall be any proposed amendments to
the charter together with the wording of the Question or questions which shall be voted
upon at referendum. The city commission shall call a referendum election to be held in
connection with the next city election for the purpose of voting on the Question or
questions submitted by the charter review committee. Neither the amendments or
questions may be changed by the city commission.
Section 2. A referendum election is hereby called and will be held on March 9t
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 1999, shall be as follows:
Ordinance No. 6376-99
'.. t,"
CHARTER REVIEW COMMITTEE
Shall Section 7.02 of the City Charter be amended as provided in
Ordinance 6376~99 to require that the Charter Review Committee be
composed of ten members, two of whom are city commissioners; to
require that proposed amendments to the charter recommended by the
Charter Review Committee shall be submitted directly to referendum?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the PineJlas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 10. 1998
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Ggrvey. Mayor-Commissioner
Approved as to form:
~a K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6376-99
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ORDINANCE NO. 6377.99
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CllY CHARTER
REPEALING ARTICLE IX, FISCAL MANAGEMENT
PROCEDURES, OF THE CITY CHARTER TO ELIMINATE
THE REQUIREMENT OF A REFERENDUM FOR
REVENUE BOND PROJECTS IN EXCESS OF ONE
MILLION DOLLARS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Article IX of the City Charter be repealed:
ARTICLE IX. Reserved. FISCAL- MANAGEMENT-.DROCEDURE* .
The fie;ca( management procedure oharl include pro\'isioAs rolating to the
()perating budgot, capital budgot :1nd-capit31 progrom. providing for hearings on the
bud got. c3pital budget and capitol program and tho amondment of the budget follo'Nin!}
adoption. Suoh ordinance Gh:llr in 3ddition contain-a provision reqr::liring that revonuo
bonds for projootl~ in excess of ono million dollars ch:1I1 be put to public referendum with
the exception of rovenuo bonds for public hoalth. Gately or industrial developmont and
feVo~ue bonds for r.efunding.
Section 2. A referendum election is hereby called and wHl be held on March 9,
1999. at the general city ejection for the consideration of the voters of the City of
ClealWater for the proposed charter amendments. The question to appear on the
referendum ballot reflectin'g the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 1999, shall be as follows:
FISCAL MANAGEMENT PROCEDURES
Shall Article IX of the City Charter be amended as provided in Ordinance
6377w99 to remove the requirement that revenue bonds for projects in
excess of one million dollars be put to public referendum unless they are
for revenue bonds for public health, safety or industrial development and
revenue bonds for refunding?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Ordinance No. 6377~99
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Section 3. . The City Clerk Is directed to notify the Pine lias County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 10. 1998
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
}ji
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
2
Ordinance No. 6377-99
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Item #31
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Copies:
Mayor and City Commissioners
George E. McKibbenl-r,;rchasing Munage~
Michael J. Roberto~ City Manager
Cynthia E. Goudeau, City Clerk
31
e1711 f)'? eL&rli1m//I7&i1?
INTEROFFICE MEMO \ . ~ I .99
To:
From:
Subject: Purchases to be approved at the January 21, 1999 City Commission Meeting
Date: December 31, 1998
All items recommended for purchase and delivery during the 1998/99 fiscal year are included in the
approved 1998/99 budget. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budget for "the appropriate fiscal year. All recommended vendors are
the lowest most responsive bidders in accordance with the specifications unless a specific exception is
noted.
1. Award a contract to Saint Petersburg Times, Saint Petersburg, Florida~ in the estimated amount of
$30,000, for advertising services during the contract period January 22~ 1999 through December 31,
1999. Exception to bid under Section 2.564 (1)(e)~ Code of Ordinances - Impractical to bid targeted
advertising. Appropriation code: 0 1 0~09215-5431 00-512-000 (Public Communications and
Marketing)
2. Award a contract to Environmental Control Systems and Products, South Houston, Texas, in the
estimated amount of$150,000, for the purchase of odor neutralizer to be utilized in all Water Pollution
Control facilities during the contract period January 21, 1999 through December 31, 1999. \
Appropriation code: 421-01351~550400~535~OOO (Public Works Administration)- rv..\\e.o. a.+- w\<se.S
3. Award a contract to Coastline Equipment Company, Inc., Riviera Beach, Florida, in the amount of
$42,563.65 for the purchase of one 1999 Case 580 Super L, tractor/backhoe/loader (previously
approved addition), to be utilized throughout the City by Public Works Wastewater Collection.
Funding to be provided under the City's Master Lease Purchase Agreement. Exception to bid under
Section 2.564 (l)(d), Code of Ordinances ~ Florida State Contract 760~960-160. Appropriation code:
315-96677-591000~581~OOO. Debt service code: 010~01346-591600-581~OOO (principal and interest).
(General Support Services Administration)
4. Award a contract to Bill Currie Ford, Tampa, Florida, in the amount of$64,872, for the purchase of
three (3) 1999 Ford F-250 pickup trucks (one replacement and two previously approved additions) with
Knaphide utility bodies for utilization throughout the City by Building and Maintenance personnel.
Funding to be provided under the City's Master Lease Purchase Agreement ($21,624) and cash
($43,248). Exception to bid under Section 2.564 (l)(d), Code of Ordinances ~ Clearwater Bid 67-98.
Appropriation codes: 315-94227-564100-519-000 ($21 J624); 565~065J 1 ~591 000-581-000 ($43,248
cash). Debt service codes: 566-06612~571300~582-000 (principal) and 566-06612~572300~519~OOO
(interest). (General Services Support Administration)
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5. Award a contract to Maroone Chevrolet~ Fort Lauderdale~ Florida, in the amount of $53,073, for the
purchase of three (3) 1999 Chevrolet S-] 0 pickup trucks (replacement) for utilization throughout the
City by Public Works ~ Transportation and Drainage (2) and Stonnwater Utilities (1). Funding to be
provided under the City's Master Lease Purchase Agreement ($39~073) and cash ($14,000). Exception
to bid under Section 2.564 (1)(d)~ Code of Ordinances - Florida State Contract 070~544-142.
Appropriation codes: 315~94227-5641 00-519-000 ($39,073); 0 1 O~O 1341-591 000-581 ~OOO ($7,000);
and, 4 t 9~02090~591 000.581-000 ($7,000). Debt Service Codes: 566-06612-S71300~582-000
(principal) and 566-06612~572300~519~OOO (interest). (General Services Support Administration)
6. Award a contract to Don Reid Ford, Maitland, Florida, in the amount of$23,222, for the purchase of
one (1) 1999 Ford F-350 pickup truck (replacement) with Knaphide utility body for utilization
throughout the City by Public Works ~ Water Distribution. Funding to be provided under the City's
Master Lease Purchase Agreement. Exception to bid under Section 2.564 (1)( d), Code of Ordinances -
Clearwater bid 143-98. Appropriation code: 315~94227-5641 00~519-000. Debt service code: 566-
06612.571300-S82~000 (principal) and 566-06612~572300-519-000 (interest). (General Support
Services Administration)
7. Award a contract to Maroone Auto Plaza, Pembroke Pines, Florida, in the amount of $42,466, for the
purchase of two (2) 1999 Chevrolet C3500 pickup trucks (replacement) for utilization throughout the
City by the Parks Wld Recreation ~ Parks Maintenance (1) and Nursery (1). Funding to be provided
under the City's Master Lease Purchase Agreement. Exception to bid under Section 2.564 (l)(d), Code
of Ordinances. Florida State Contract 070~600-020. Appropriation code: 315~94227-5641 00-519-000.
Debt service codes: 566-06612-571300-582-000 (principal) and 566-066 I 2~572300-S I 9-000 (interest).
(General Support Services Administration)
8. Award a contract to Kaiser Pontiac-Buick GMC, Inc., Deland, Florida, in the amount of $48,0 17, for
the purchase of four (4) 1999 GMC Sonoma compact pickup trucks for utilization throughout the City
by Clearwater Customer Service - Meter Readers (1) and Service and Repair (2); and Public Works ~
Water (1). Funding to be provided under the City's Master Lease Purchase Agreement. Exception to
bid under Section 2.564 (l)(d), Code of Ordinances - Florida State Contract 070~500-140.
Appropriation code: 315-94227~564100-519~000. Debt service codes: 566-06612-571300-582-000
(principal) and 566~06612-572300-519-000 (interest). (General Support Services Administration)
9. Award a contract to Don Reid Ford, Maitland, Florida, in the amount of $24,465, for the purchase of
one (1) 1999 Ford Crown Victoria Police Pursuit Vehicle for utilization throughout the City by the
Police Department. This is a non~schedulcd replacement for an accident destroyed vehicle. Funding to
be provided under the City's Master Lease Purchase Agreement. The City's SelfInsurance Fund has
reimbursed the Garage Fund $10,702 as final settlement for the destroyed vehicle. Exception to bid
under Section 2.564 (l)(d), Code of Ordinances - Florida State Contract 070-100-404. Appropriation
code: 315-94227-5641 OO~519~OOO. Debt service codes: 566-06612-571300~582~OOO (principal) and
566~06612~572300~519-000 (interest). (General Support Services Administration)
10. Award a contract to Oakhurst Construction, Seminole, Florida, in the amount of$54,285.11, for
design, construction and installation of a pre~manufactured metal building to house maintenance staff
and equipment at the E.C. Moore West Complex. Appropriation code: 315-93208-563600-572~000.
(Quality of Life Administration)
II. Award a contract to Duval Ford, Jacksonville, Florida, in the amount of $45,569 for the purchase of
three (3) 1999 Ford Taurus sedans (replacement) for utilization throughout the City by Police ~ Criminal
Investigation. Funding to be provided under the City's Master Lease Purchase Agreement. Exception to
bid under Section 2.564 (l)(d), Code of Ordinances - Florida Sheriffs Association Award 98-06~0914.
Appropriation code: 315~94227-5641 OO~519~000. Debt service codes: 566-06612-571300~582~000
. (principal) and 566-06612~572300~519~OOO (interest). (General Support Services Administration)
12. Award a contract to Garber Buick-Pontinc-GMC Truck~Chevrolet-Geo, Jacksonville, Florida, in the
estimated amount of $46,482 for the purchase of three (3) 1999 Chevrolet Monte Carlo investigative
vehicles (replacement) for utilization throughout the City by Police - Criminal Investigation. Funding to
. be provided under the City's Master Lease Purchase Agreement. Exception to bid under Section 2.564
(l)(d), Code of Ordinances - Florida State Contract 070~100-205. Appropriation code: 315~94227-
564100-519~000. Debt service codes: 566-06612-571300~582~OOO (principal) and 566~06612-572300-
519-000 (interest) (General Support Services Administration)
.13. Award a contract to M.T. Deason Company, Birmingham, Alabama, in the estimated amount of
$40,000, for the purchase of gas materials ~ steel pipe and fittings to be utilized throughout the
Clearwater Gas System by the Gas personnel during the contract period January 22, 1999 through
January 31,2000. Appropriation code: 423-00000-141120-000-000. Items will be charged to 353-
96310 upon disbursement. (Clearwater Gas)
14. Award a contract to Progressive Industrial, Palmetto, Florida, in the amount of$66,000 for the
purchase of one 1999 Marina work boat to be utilized at the Marina and inter~coastal waters by the
Marina personnel. Appropriation code; 432-01371-564000~575~000. (Quality orUfe Administration)
15. Award a contract to Rowland Inc., Pinellas Park, Florida, in the amount of$38,073.64, for
Northwood Area Traffic Calming, Phase 1. Appropriation code: 315-92259-563700-541-000. (Public
Works Administration)
16. Award a contract to Interprint Inc, Clearwater, Florida, in the estimated amount of $89,689, for the
purchase of Clearwater Magazine for distribution to the citizens of Clearwater during the contract period
January 22, 1999 through October 31, 1999. A printing contract was awarded to Pine lIas Press on
November 19,1998, however, the contractor provided a less than satisfactory magazine for the first
issue. This award covers the remaining three issues during this fiscal year. Interprint provided the
second lowest bid. Appropriation code: 0 I 0-09215-543400~512~000. (Public Communications and
Marketing)
17. Award a contract to Comark Government Sales, Lake Wales, Florida, in the amount of $44,994, for
the purchase of one HP Netserver LH3 PH Mod 1 PED, computer hardware server for utiliztion at the
Municipal Services Building by Information Technology personnel. Funding to be provided under the
City's Master Lease Purchase Agreement. Exception to bid under Section 2.564 (1)(d), Code of
Ordinances ~ Florida State Contract 250-040-99~ I. Appropriation code: 315-94770~564000-519-000.
Debt service codes: 555~09862-571300~582~OOO (principal) and 555-09862-572300~519~000 (interest).
(General Support Services Administration)
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18. Award a contract to RDP Company, Norristown, Pennsylvania, in the amount of$66,266, for the
purchase of replacement and overhaul parts for heating elements utilized at the Northeast Residuals
Processing Facility of Water Pollution Control. Exception to bid under Section 2.564 (l)(b), Code of
. Ordinances - Sole source for manufacturers original equipment. Appropriation code: 315-96664~
562800~535-000. (Public Works Administration)
19. Award a contract to Bell Chevrolet, Plant City, Florida in the amount of$16,038, for the purchase
of one (1) 1999 Chevrolet CCI5703 Yz ton pickup (replacement) for utilization throughout the city by
Police ~ Office of Professional Standards. Funding to be provided under the City's Master Lease
Purchase Financing Agreement. Exception to bid under Section 2.564 (1)( d), Code of Ordinances.
Florida State Contract 070~500~414. Appropriation code: 315~94227-5641 00-519~000. Debt service
codes: 566-06612~571300-582~000 (principal) and 566-06612w572300-519~OOO (interest). (General
Support Services Administration)
20. Award a contract to Teco, Inc., Fort Wayne, Indiana, in the amount of $83, 157, for the purchase of
one (1) 1999 Navistar 4700 truck (replacement) with aerial lift for utilization throughout the City by
Public Works - Urban Forestry. Funding to be provided under the City's Master Lease Purchase
Agreement. Appropriation code: 315-94227~564100~519-000. Debt service codes: 566-06612-
571300~582.000 (principal) and 566-06612~572300-519-000 (interest). (General Support Services
Administration)
21. Award a contract to Gateway Chevrolet, Lake City, Florida, in the amount of $29,624, for the
purchase of two (2) 1999 Chevrolet Lumina midsize sedans (replacement) for utilization throughout the
City by Police ~ Criminal Investigation. Funding to be provided under the City's Master Lease Purchase
Financing Agreement. Appropriation code: 3 I 5~94227~5641 OO~519-000. Debt service codes: 566~
06612~571300-582-000 (principal) and 566-06612-572300-519-000 (interest). (General Support
Services Administration)
22. Award a contract to Miracle Recreation Equipment Company, c/o Miller Recreation Equipment and
Design, Inc., in the amoWlt of $30,660.41, for the purchase and installation of playground equipment
(replacement) to be utilized at Holt/Martin Luther King Playground. Appropriation code: 315-93230-
563500-572~OOO. (Quality of Life Administration)
23. Award a contract to Swartz Associates, Inc., Naples, Florida, in the amount of$28,562.84, for the
purchase and installation of playground equipment (replacement) to be utilized at Coachman Ridge Park.
Appropriation code: 315~93230-563500~572~000. (Quality of Life Administration)
24. Approve funding in the amount of $21,191, for the purchase of one (1) 1999 Dodge pickup truck,
. through the City's Master Lease Purchase Agreement. This vehicle was purchased utilizing an incorrect
funding code, however, was on the replacement list for the current fiscal year. The new vehicle,
purchased from Hill~Kelly Dodge, has been received. Appropriation code: 315~94227~5641 00-519~000.
Debt service codes: 566-06612-571300~582-000 (principal) and 566-06612~572300~519~OOO (interest).
(General Support Services Administration)
Funding for the above referenced purchases is included in the FY 1998/99 Budget or will be included in
the City Manager's recommended budgets for future fiscal years.
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Tina Wilson, Budget Director
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./1 Clearwater City Commission
E b .J--- Agenda Cover Memorandum
Worksession Ilem it:
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Final Agendallcm 1/
Meeling Date:
SUBJECT/RECOMMENDA liON:
Accept the Quit Claim Deed for property at 1108 N. Greenwood Ave., being legally described as: North
32 feet of Lot 2 less Road, Lot 4 less Road and East 65 feet of Lot 5, GREENWOOD MANOR at a total cost
of $11,397.66
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lBl and thatlhe appropriate officials be authorized to execute same.
SUMMARY:
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The present owners, Raybon Curtis, Alvena Curtis and Alvin Curtis, Jr., have offered to donate the above
mentioned property to the City of Clearwater in lieu of City assessments in the amount of $2,939.08 for
demolition of an unsafe structure, the City's payment of Pinellas County real estate taxes in the amount of
$1,433.58 and professional fees in the amount of $7,025.00.
This property will be held in the City's land bank and will be utilized for the economic revitalization of the North
Greenwood community.
Approved by the City Commission on November 16, 1998, the City agreed to budget $125,000 from State
Brownfields Appropriations for the removal of underground storage tanks, assessment and remediation of this
site. Additional Brownfields resources are available to prepare the site for redevelopment.
The remediation of this site has been requested and approved by the North Greenwood Association for
economic revitalization of the area.
A request for proposals will be developed in conjunction with the North Greenwood Association for
redevelopment of the site.
Quit Claim Deed and Summary Report available in the City Clerk Department.
" ReVjeW~ebY:
! Legal
: Budget ~Iv
i Purchasing N/A
I Risk Mgmt N/A
Info Srvc
Public Works
DCW ACM
Other
N/A
NJA
Originating Dept:
Economic Development
User Dept.
Costs
Total $11,397.66
Funding Source:
Current FY 98-99 CI N/A
OP NJA
Other State
Brownfields
Appropriation
Community
Block Grant
Appropriation Code: 689-07212-530100-554-000
181.99975.530100-559-000
Rev. 2/98
Attachments
I Submitted by: AA .J ~ ,b...
City Manager fr' . r l:!.J
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Printed on recycled paper
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Prepared by and return to:
LInda Byars. Sr. Loan Officer CHUD
City of Clearwater
Post Office Box 4748
Clearwater. Rorida 33758
QUIT CLAIM DEED
THIS INDENTURE, made this day of ,
1998, between RAYBON RAYMOND CURTIS as to 2/3 interest, AL VENA L. CURTIS,
88 to 1/6 interest and ALVIN G. CUHT'S, JR., as to 1/8 Interest, party of the first.
part, and City of Clearwater, 8 municipal corporation, whose mailing address Is Post
Office Box 4748, Clearwater, Florida 337584748, party of the second part.
WITNESSETH:
That the said party of the first part, for and in consideration of the sum of Ten
Dollars ($10.00), and other good an valuable considerations to is in hand paid, the
receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm unto the said
party of the second part an of that certain parcel of land lying and being in the
County of Pinellas, State of Florida, more particularlv described as follows:
North 32 feet of Lot 2 less Road, Lot 4 less Road and East 65 feet of Lot 5,
GREEWOOD MANOR, according to the map or plat thereof as recorded In Plat Book
21, Page 65 of the public Records of Pinellas County, Rorlda
TOGETHER with all tenements, hereditaments and appurtenances, with every
privilege, right, title, interest and estate, reversion, remainder and easement thereto
belonging or in anywise appertaining;
TO HAVE AND TO HOLD the same in fee simple forever.
Party of the first part herewith affirmatively represents and attests that the real
estate being transferred and alienated hereby is not the homestead of said party of
the first part, or, in the alternative, jf said rea) estate is the homestead of any person
or person identified as party of the first part, then it is herewith affirmatively
QUIT CLAIM DEED by and between RAYBON RAYMOND CURTIS, AL VENA L.
CURTIS and ALVIN G. CURTIS, Jr. and the CITY OF CLEARWATER, PINElLAS
COUNTY, FLORIDA
represented and attested that any spouse, either in law or in fact, of any person
identified as party of the first part has executed this instrument of conveyance.
IN WITNESS WHEREOF, the said party of the first part has hereunto set
his/her hand and seal the day and year first above written.
~~
print~~ ([lit
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Printed: ALVENA L. CURTIS
Uod.'. f_ .. UN tf hI_.....
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QUIT CLAIM DEED by and between RAYBON RAYMOND CURTIS, ALVENA L.
CURTIS and ALVIN G. CURTIS, Jr. and the CITY OF CLEARWATER, PINELLAS
COUNTY, FLORIDA
O~-\(' 0.\ N~H\' eo.1dt""l
STATE OF FLOnlDA ]
~~ 0' tYl(c.Wenb.,.,.~
TV OF PINEttAS J
I HEREBY CERTIFY, that on this day personally appeared before
me, an officer dulV authorized to administer oaths and take acknowledgm~nts,
8A YBON R~OND CUR1'IS who is personally known to me or who has produced __
}.J e. ~ 4-C{ 4-8' as identification.
WITNESS my hand and official seal at ..c...~,l(')+\e , AJ(. said
County and State, this ,~ ""' day of N(!l'J ~"<:()'b"-~ ' -. . }f~: .
_ . __~u~gjJ
. No Pub 'c . I
Printed: ~ ~ c: e f ""' il 1"t'"<.'"...'l €- \ I 'rA eu...e \J
My commission expires: ).. 5~'l't
-6\dk ." N~r-\~af~\~
5T A TE OF FLORIDA ~ ]
~cidr4$y~f~~E~ ]
I HEREBY CERTIFY, that on this day personally appeared before
me, an officer duly authorized to administer oaths and take acknowledgments,
~)!'ho is personally known to me or who has produced
~C u..:J 1 ~.l ~ r-CS as identification.
WITNESS my hand and official seal at Cho..'C\t,-t\e , JJG said
County and State, this ~~ V\ day of }J~ 'it' 'i'l'"I ~ P V" I 1998.
~n~ (;l.,-<-.iJf2J" 41
Not~ . I
Printed: c.\l)~Qf \t\ 'U:lxY'P^ <S.\~Q-.Ue\)
My commission expires: . k 6,.. 't 'f
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QUIT CLAIM DEED by and between RAYBON RAYMOND CURTIS, ALVENA L.
CURTIS and ALVIN G. CURTIS, Jr. and the CITY OF CLEARWATER, PINELLAS
COUNTY, FLORIDA
~\e o~ ~~(.J,'v\ GJ..fr.!lk""
, STATE or rLORteA }
~'v+.'tl' ~ 1Y\<e:.We"'~LJ.:J
-co ~TY OF PINElll\S ]
I HEREBY CERTIFY, that on this day personally appeared before
me, an officer duly authorized to administer oaths and take acknowledgments,
ALVAN G. CURTI~JR. who is personally known to me or who has produced
,_N C 3 ~ .2211' as identification.
II:
, WITNESS my hand and official seal at ~~"t~l~w, Nt:!... .,
County and State, this ~+h day of AJ~\J r , 1998.
. ~~.Jo,~
~ ary blic J
Printed: Jt) s~f l,., D.:. \'"'t'"f'V'I ('..,..LQk.we I ,
said
My commission expires:
r.. 5"-'11
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tn:i.'.lormllllMd In ~ 01 ko__.
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APPRAISAL ASSOCIATES OF TAMPA BAY, INC.
Real ElllJlt.e Appr.IHTI & Con.lJltant,
...
7'"~~ ar... .,..
Jerri S. FIaI8, MAI,SRA
Ellu Catlllo
Don Zlmmet
1248 Rogers Street. Sutle I
Clearwater. Florida 346\6
(813) 441.2880
SUMMARY APPRAISAL REPORT
I~IMITED APPRAISAL PROCESS
August 20, 1998
Ms. Linda G. Byars
Senior Loan Officer
Department of Economic Development
Post Office Box 4748
Clearwater, Florida 33758-4748
Dear Ms. Byars:
In accordance with your request, we have made an inspection and an appraisal of a former
gasoline service station located at:
11 08 N. Greenwood Avenue
Clearwater, Pinellas County, Florida
As per client request, the appraisal report is a Summary Appraisal Report, which is intended to
comply with the reporting requirements set forth under Standards Rule 2-2{b) of the Uniform
Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it
presents only summary discussions of the data, reasoning, and analyses that are used in the
appraisal process to develop the appraiser's opinion of value. Supporting documentation that is
not provided with the report concerning the data, reasoning, and analyses will be retained in the
appraiser's file. The depth of the discussion oontained in this report is specific to the needs of the
client and for the intended use stated in the report. The appraiser is not responsible for
unauthorized use of this appraisal report.
Furthermore, in accordance with prior agreement between the client and the appraiser, this report
is the result of a limited appraisal process in that certain allowable departures from specific
guidelines of the Uniform Standards of Professional Appraisal Practice were invoked. The
intended user of this report is warned that the reliability of the value provided may be impacted
to the degree there is departure from specific guidelines of USPAP.
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PBOPF.RTV IDF.NTIFICA TlON
Pinellas County Tax l.O. Number:
:1
!:
29~15~1~33498~~O
I.egal ~ptinn:
Following is a legal description as it appears in the county tax records:
Greenwood Manor, Lot 4 less Road and E 65 feet
of Lot 5, as recorded in Plat Book 021,
Page 065 of Pinellas County, Florida
Cea~1LC; Trad:!
262.00
Special A<<1lmptfnnc; & J .~n"iting Cnnditionc;:
The existence of hazardous materials, which may be present on the property, was not
observed, but was suspected by the appraiser. The appraiser, however, is not qualified to
detect such substances. The presence of substances such as asbestos, petroleum residues,
ureaformaldehyde foam imulatiOD, or other potentially hazardous materials may affect the
. value of the property.
~ on Phase I and Phase U Environmental Site ~ut (ESA) conducted by FGS, IDe.
in 11, :l9CJ6 and 3, 1997, respectively, the buDding was found to contain two types of ACM
(asbestos). In addition, there are five UST's and petroleum contBm1nated soU. Removal of
these environmental hazards is considered in thls report and the known costs are reflected
in the market value of the property. The major cost of excavation and disposal of the
colrimninAfed soD, however, is not available to us and therefor the final value of the site will
need to be adjusted accordingly at a later date. We understand that Contamination
A~l~ study needs to be performed rll'St, in order to detennine the exact location and
extent of the petroleum contamination.
Delinquent TaY~!
Delinquent taxes for 1996 and 1997, in the amount of $970.08.
APPRAISAL ASSOCIATES OF TAMPA BA Y. INC.
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PURPOSE OF TIIR APPRAISAI~
The purpose of this appraisal is to provide the appraiser's best estimate of the market value of the
subject real property as of the effective date. Market Value is defined by the regulatory agencies
of federal financial institutions as follows:
"The most probable price which a property should bring in a
competitive and open market under all conditions requisite to a fair
sale, the buyer and seller each acting prudently and knowledgeably, and
assuming the price is not affected by undue stimulus. Implicit in this
definition is a consummation of a sale as of a specified date and the
passing of title from seller to buyer under conditions whereby:
(1) buyer and seller are typically motivated;
(2) both parties are well infonned or well advised, and
acting in what they consider their own best interests;
(3) a reasonable time is allowed for exposure in the open
.market;
"(4) payment is made in tenns of cash in U.S. dollars or in
terms of financial arrangements comparable thereto; and
(5) the price represents the DOnnal consideration for the
property sold unaffected by special or creative fmancing
or sales concessions granted by anyone associated with
the sale. I
INTENDED USE OF REPORT
This appraisal is intended for the sole purpose of assisting the City of Clearwater, Department of
Economic Development in establishing a purchase price for the property.
1NTF.RR~T V A , .UEn
Fee Simple.
"EFFECTIVE DATE OF V..U,TJE
August 14, 1998 (date of last inspection).
Office of the Comptroller of the Currency under 12 CFR, Pan 34, Subpan C-
Appraisals, 34.42 Definitions [fl.)
APPRAISAL ASSOCIATES OF TAMPA BAY. INC.
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APPR~ISA.LDEVEI.oPMENT AND REPORTING PROCF--SS
In preparing for this appraisal, the appraiser made a "drive~by" inspection of the subject parcel
and comparable sales used in this report. Information on comparable land was gathered,
conflt1l1edt and analyzed. The existing improvements appear to have no contributing value and,
as such, the property is valued as if vacant, less demolition cost, and costs related to underground
storage tanks (USTs) removal and contaminated soil excavation and disposal. Land Sales
Comparison Approach is the only applicable approach in estimating market value of vacant land.
To develop the opinion of value, the appraiser performed a limited appraisal process (at the clients
request) in that a market study of contaminated sites has not been made to measure the loss of
value. This would provide us with a market indicated discountt which could be applied to the
subject property. Imtead, we will attempt to estimate the "as-is" market value of the subject site
by deducting known clean up costs from the estimated value of the site as if "clean".
This summary appraisal report is" a brief recapitulation of the appraiser's analyses and conclusions.
Supporting documentation is retained in the appraiser's file.
DR'ICRIPTION OF REAI~ R"TATE APPRA.ISED
Area Description: The Tampa Bay area is expected to continue as one of the major
growth areas of the nation. In comparison with other national regions, it has a diversified,
expanding, and healthy economy. Accordingly, the area is projected to continue to attract
retirees, professionals, and displaced employees which will cause continued population growth.
Economic growth and development of new office buildings, hotels, residential and retail projects
was sluggish at a national and local level during the first half of this decade. However, the market
has improved considerably during the last two years.
Due to the trend of corporate relocation in Tampa Bay, the area should have a competitive edge
as compared ,to other regions. Prime locations within the subject area should continue to grow
at a faster rate while less attractive sections may continue without demand for development and
growth for some time. In either case, the complex problems of expanding infra-structure
necessary to support continued growth are being addressed by both state and local governments
with cooperation from the private sector. While problems associated with growth will continue
to occur t the community appears to be meeting the challenge to build and grow in a manner which
avoids many of the problems of the past.
Location Description: The subject parcel is located near downtown area of the City of
Clearwater. The cityts population as of 1995 is estimated at 101t162t which is about a 2.4%
increase since 1990. The redevelopment of downtown Clearwater started several years ago, but
stalled in recent years. Many plans for downtown redevelopment have been abandoned by the city
for new plans, which are again replaced with new proposals. However, strong economy, new
leadership, and improved vision may fInally lay the foundation for many new projects. In addition
to the city, several private groups unveiled plans for extensive beach and downtown projects.
APPRAISAL ASSOCIATES OF TAMPA BAY. INC.
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The immediate subject neighborhood could be generally described as being in the stage of slow
rejuvenation, with SOffie new residential development noted in the general market area. The new
homes were built with the help and partial subsidy of the Clearwater Neighborhood Housing
Deparnnent of the City of Clearwater. New commercial projects in the neighborhood are,
however, almost non-existent. Future improvement of the subject neighborhood is largely
dependent on the successful redevelopment of the downtown area.
Property Description: The property under review consists of a small parcels of land,
located at the southwest corner North Greenwood Avenue and La Salle Street, in Clearwater. The
land appears to be level and contains approximately 6,174 square feet. The parcel is zoned CNG
(North Greenwood District) by the city, which allows a w~de variety of commercial and residential
uses. The LUP designates the parcels as CG- Commercial General District. The site has a good
access, but lacks exposure and frontage on a major roadway. All utilities and services necessary
for operation of a commercial or residential facility are available at or near the site. In ~949 the
site was improved with a gasoline service station, but during the last :i: 17 years, the property has
been reportedly vacant or utilized for automobile repairs. The existing building containing about
260 square feet along with a canopy and five undecground storage tanks (UST's) do not contribute
to the value of the property and should be removed.
Based on Phase I and Phase II Environmental Site Assessment (ESA) the building was found to
contain two types of ACM (asbestoS). In addition, there are fIve UST's and petroleum
contaminated soil. Removal of these environmental hazards is considered in this report and the
estimated costs (when available) are reflected in the market value of the property.
mGRRli;T AND RFA.'lT USE
HIghest and Best Use as Vacant: The legally pennissible use of the subject parcels is for a
variety of commercial and residential uses. The topography of the site is not considered to be a
limiting factOr in projecting probable use, but the size of the site may be limiting, even though
there are no minimum lot areas in CNG district. Because the site lacks frontage on a busy road,
retai1 use would not be feasible. Due to the current market conditions in the downtown area (high
vacancy, low rental rates, etc.), nolle of the above physically possible and legally permissible uses
would be financially feasible. Considering the above factors, it appears that the Highest and Bast
Use of the subject site, if vacant, is to hold the land for speculative purposes until a time when
the potential operating income from the above discussed possible/legal uses reaches a level at
which the necessary ~ital outlay would be justified.
Highest and Best Use as Improved: The existing building containing about 260 square feet along
with a canopy and five underground storage tanks (UST's) do not contribute to the value of the
property and should be removed.
APPRAISAL ASSOCIATES OF TAMPA BAY, INC.
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SUMMARV OF ANALVSIS AND V ALlJATlON
Site Valuation - Sales Comparison Approach
Date Location Zoning S.P. Size- S.P.-$
S.F. /S.F.
04/97 SE corner of Myrtle Ave. & CN& $210,000 73,875 2.84
Nicholson St., Clearwater RM-8
04/97 Franklin Cir., 1 block E. OL $15,500 8,420 1.84
of Missouri, Clearwater
02/97 Woodlawn St., :1:230 ft. E. CG $80,000 39,000 2.05
of S. Greenwood Ave., Clwtr.
04/94 NW corner of Greenwood Ave CNG $41,250. 14,500 2.84
& Engman 51., Clearwater
05/96 N. Frt. Harrison, :1:52 ft. N. CI $44,500.. 18,300 2.43
of Engman St., Clearwater
* Damli1ion anti of emting improvcm:us were added to the reconIcd purdJalC price or $38.000.
.. Edimalrd COOCributing value or cxiJ:tiDa improvtmaJIJ bu ba:o deducted ['rom the total We price of $49.500.
The subject is a small corner site containing about 6,174 square. The parcel is zoned CNG
(commercial/residential), has a good access, but 1acks exposure and frontage on a major roadway.
The above sales are similar to the subject parcels in size, zoning, location, and access. Each sale
was considered and adjustnients were made where necessary. After careful consideration of the
above comparable sales and other factors affecting property values, we estimate the market value
of the subject parcel Uas if vacant and clean" at $2.75 per square foot, which may be expanded
as follows:
6,174S.F. x
$2.75
= $16,979
ROUNDED $17,000
Less cost of demolition (existing building) $ 3,000
Less cost of UST's removal $20,000
Less cost of Contamination Assessment study $15,000
Less cost of removal/disposal of contaminated soil $,mknown
"As Is" Market Value - $21,OOO(negative)
(Please note that the above costs are estimates based on earlier cost quotes).
APPRAISAL ASSOCIATES OF TAMPA BAY. INC.
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. After considering various factors and forces which influence market valuet and by virtue of our
experience and training, we have concluded an "as is" market value of the subject parcel, in
accordance with the attached assumptions and limiting conditions, as of August 14, 1998, which
is fairly expressed by the amount of:
. .
. NEGATIVE TWENTY ONE THOUSAND DOLLARS
(-S21 rOOD)
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It should be Doted that the ahove estimated value does not inc1u,de the cost of removal &
disposal of contaminated soU.
In addition, delinquent property taxes for 1996 and 1997, in the amount of $970.08 are not
reDected In the above estimated market value.
a, MAl, SRA
fled General
tate Appraiser #0000185
nt
C-253/82
APPRAISAL ASSOCIATES OF TAMPA BAY, INC.
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CERTIFI~A nON OF THE APPRAISRR
It is hereby certified and attested to that:
1. An appraisal and an inspection has been made of a former gasoline service station
located at 1108 N. Greenwood Avenue, Clearwater, PineUas County, Florida.
2. All statements of fact contained in the report are true to the best of my
knowledge. No pertinent information has knowingly been withheld.
3. We have no present or contemplated lfuture interest in this property.
4. We have no personal interest or bias with respect to the subject matter of this
report or the parties involved.
5. This report sets forth all the limiting conditions affecting the analyses, opinions,
and conclusions. These conditions are as imposed by the terms of the assignment
or by the undersigned.
6. The appraisal was prepared utilizing all of the requirements set forth as Standards
for Real Estate Appraisals established for federally related transactions by the
Comptroller of the Currency, The Federal Reserve Board, The Federal Deposit
Insurance Corporation, and the State of Florida. In addition, this appraisal has
been made in conformity with the usual reporting standards of the Appraisal
Foundation (USPAP).
.
7. Jerry S. Fiala has inspected the subject property and all comparables. No one
other than the undersigned prepared the analyses, conclusions, and opinions
concerning real estate that are set forth in this appraisal.
8. The Appraisal Institute conducts voluntary program of continuing education for
their designated members. Members who meet the minimum standards of this
program are awarded periodic educatio-:ml certifications. Jerry S. Fiala is
. currently certified under this program.
APPRAISAL ASSOCIATES OF TAMPA BAY. INC.
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9. State of Florida conducts voluntary licensing of Real State Appraisers. As of the date
. of this repOrt Jerry S. Fiala, having completed the requirements for education, appraisal
experience, and testing, holds a valid license as a State-Certified General Real Estate
Appraiser #0000185.
10. The appraiser further certifies and agrees that:
(a) This appraisal conforms to the Uniform Standards of Professional
Appraisal Practice ("USPAP") adopted by the Appraisal Standards
Board of the Appraisal Foundation, except that the Departure Provision
afthe USPAP does not apply.
(b) Their compensation is not contingent upon the reporting of
predetermined value or direction in value that favors the cause of the
cHent, the amount of the value estimate, the attainment of a stipulated
result, or the occurrence of a subsequent event.
(c) This appraisaJ assignment was not based on a requested minimum
valuation, a specific valuation, or the approval of a loan.
11. The opinion ofvaJue is to apply as of August 14,.1998 and was fonned in the amount
of a negative $21,000 which is the -as is- market value, in accordance with the
attached assumptions and limiting conditions.
(It should be ooted that the above estimated value does not include the cost of removal
& disposal of contaminated soil. In addition, delinquent property taxes for 1996 and
1997, in the amount of $970.08 are oot reflected in the above estimated market value.)
'1
a, MAl, SRA
rtitied General
te Appraiser #0000185
President
\0 v 1<f'
Date of Si ture
C-253/82
APPRAISAL ASSOCIATES OF TAMPA BAY. INC.
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A.~SIJMPTIONS AND 1.IM1TING CONDmONS
1. This is a summary appraisal report which is intended to comply with the reporting
requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of
Professional Practice for a Summary Appraisal Report. As such, it might not
include full discussions of data, reasoning, and analyses that were used in the
appraisal process to develop the appraiser's opinion of value. Supporting
documentation concerning the data, reasoning, and analyses is retained in the
appraiser's file. The information contained in this report is specific to the needs
of the client and for the intended use stated in this report. The appraiser is not
responsible for unauthorized use of this report.
Furthermore, in accordance with prior agreement between the client and the
appraiser, this report is the result of a limited appraisal process in that certain
allowable departures from specific guidelines of the Uniform Standards of
Professional Appraisal Practice were invoked. The intended user of this report is
warned that the reliability of the value provided may be impacted to the degree
there is departure from specific guidelines of USPAP.
2. No responsibility is assumed for legal or title considerations. Title to the property
is assumed to be good and marketable unless otherwise stated in this report.
3. The property is appraised free and clear of any or all liens and encumbrances
unless otherwise stated in this report.
4. Responsible ownership and competent property management are assumed unless
otherwise stated in this report.
..
5. The information furnished by others is believed to be reliable. However, no
warranty is given for its accuracy. If new information of significance comes to
light, value given in this report is subject to change without notice.
6. All engineering is assumed to be correct. Any plot plans and illustrative material
in this report are included only to assist the reader in visualizing the property.
7. It is assumed that there are no hidden or unapparent conditions of the property,
subsoil, or structures that render it more or less valuable. No responsibility is
assumed for such conditions or for arranging for engineering studies that may be
required to discover them.
8. It is assumed that there is full compliance with all applicable federal, state, and
local environmental regulations and laws unless otherwise stated in this report.
APPRAISAL ASSOCIATES OF TAMPA BAY,INC.
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9. It is assumed that all applicable zoning and use regulations and restrictions have
been complied with, unless a nonconformity has been stated, defined, and
considered in this appraisal report.
10. It is assumed that all required licenses, certificates of occupancy, or other
legislative or administrative authority from any local, state, or national
governmental or private entity or organization have been or can be obtained or
renewed for any use on which the value estimates in this report are based.
11. Any sketch in this report may show approximate dimensions and is included to
assist the reader in visualizing the property. Maps and exhibits found in this report
are provided for reader reference purposes only. No guarantee as to the accuracy
is expressed or implied unless otherwise stated in this report. No survey has been
made for the purpose of this report.
12. It is assumed that the utilization of the land and improvements is within the
boundaries or property lines of the property described and that there is no
encroachment or trespass unless otherwise stated in this report.
13. The existence of hazardous materials, which may be present on the property, was
oot observed, but was suspected by the appraiser. The appraiser, however, is not
qualified to detect such substances. The presence of substances such as asbestos,
petroleum residues, ureaformaldehyde foam insulation, or other potentially
hazardous materials may afff(:t the value of the property.
Based on Phase I and Phase n Environmental Site Assessment (ESA) conducted by
FGS, Inc. in 11, 1996 and 3, 1997, respectively, the building was found to contain
two types of ~CM. (asbestos). In addition, there are five UST's and pen-oleum
contaminated soil. Removal of these envirornnental hazards is considered in this
report and the known costs are reflected in the market value of the property. The
major cost of excavation and disposal of the contaminated soil, however, is not
available to us and therefor the fInal value of the site will need to be adjusted
accordingly at a later date. We understand that Cont41mination Assessment study
needs to be performed first, in order to determine the exact location and extent of
the petroleum contamination.
14. The comultant will not be required to give testimony or appear in court because of
having made this analysis, with reference to the property in question. unless
arrangements have been previously made thereof.
.
15. Possession of this report, or a copy thereof, does not carry with it the right of
publication. It may not be used for any purpose of any person other than the party
to whom it is addressed without the written consent of the appraiser, and in any
event, only with proper written qualification and only in its entirety.
APPRAISAL ASSOCIATES OF TAMPA BAY. INC.
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16. Neither all nor any part of the contents in this report (especially any conclusions
as to value, the identity of the appraiser, or the flllIl with which the appraiser is
connected) shall be disseminated to the public through advertising, public relations,
news sales, or other media without prior written consent and approval of the
appraiser.
17. All values of real property shown in the appraisal report are estimates based on our
own analysis of the date of the appraisal. These values may oot be valid in other
time periods or as conditions change. We take no responsibility for events,
conditions, or circumstances affecting the property's market value that take place
subsequent to either the date of value contained in this report, or the date of our
field inspection, whichever occurs first.
18. . Delinquent property taxes for 1996 and 1997, in the amount of $970.08 are not
reflected in the estimated market value.
APPRAISAL ASSOCIATES OF TAMPA SA Y, INC.
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QUAI~IFICATlON~ .'.
JERRY S. FIALA, MAl, SRA
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Bachelor of Arts: Business Administrnlion Major
University of South Florida, 1975
American Institute of Real Estate Appraisers Courses
Single Family Residential Appraisal ~ VIII
Basic Valuation Procedures
Capitalization Theory & Technique - I
Capitalization Theory & Technique ~ II
Capitalization Theory & Technique - III
Standards of Professional Practice .
Case Studies in Real Estate Valuation
Valuation Analysis & Report Writing
Real Estate Investment Analysis
Litigation Valuation
Various Seminars
.,
Society ofRea1 Estate Appraisers Courses
An Introduction to Appraising Real Property - 101
MEMRERSRIPS
Member of the Appraisal Institute (MAl, SRA)
Realtor-Associate, Greater Clearwater Board of Realtors
LICF.NSE
Real Estate Broker, State of Florida
, Certified General Appraiser, State of Florida, #RZ0000185
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APPRA TSAr. EXPERIENCE
Experlena:d in appraising residential, income producing and special purpose properties, including
single family residences, multifamily rental projects, condominiums, office buildings, shopping
centers, hotels/motels, restaurants, industrial facilities, warehouses, subdivision developments,
mobile home parks~ hospitals, and all types of vacant land~ Other assignments included
condemnation appraisals, market and feasibility analyses, highest and best use studies, valuations
of leastd fee estates and leasehold interests, discounted cash flow analyses, and investment
analyses. Served as a Special Master for the Pinellas County Property Appraisal Adjustment
Board. Also qualified as an expert witness in the 6th Judicial Circuit Court of the State of
Florida.
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RMPIAlVMENT
President, Appraisal Associates of Tampa Bay, Inc.
1248 Rogers St., Clearwater, Florida 34616 (l987~Present)
Appraiser, AppraisallMarket Research, Inc.
901 Chestnut St., Clearwater, Florida 33516 (1978~1987)
3s ~
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Clearwater City Commfsslon
Agenda Gover Memorandum
llr.m #:
33
J,~l.c;~
Meeting Dale:
RECOMMENDATION/MOTION:
Award contracts to Prototype Incorporated, Santa Rosa, California, in the amount of $142,800.00 for the
purchase of "Fleet Anywhere" fleet management software system; Comark Government and
Educational Sales, Tampa, Florida, in the estimated amount of $72,000.00 for the purchase of computer
hardware; and, Oracle Corporation, Herndon, Va., in the estimated amount Df $30,000.00 for the
purchase of database software, in accordance with Sec 2.564 (l)(d), Code of Ordinances - Florida State
Contract (for Comark), and Sec 2.564 (l)(b), Code of Ordinances - Sole source (for Oracle),
IE and lhal the appropriale officials be authorized to execute same.
BACKGROUND:
. The current Fleet Maintenance (GEMS) System was originally implemented in 1983 and upgraded in 1990.
The system has become antiquated, is longer adequate and is not year 2000 compliant.
. Prototype was chosen after evaluation of respondents to a RFP. The evaluation was done by a broad based
8 mem~er committee of City employees, and was based upon criterion, such as: cost, vendor training and
support, (vendor) scheduling ability, and a great number of specifically stated feature categories. Prototype
was selected as the best available system consistent with need and budget.
. The fleet maintenance software system is utilized for management of all Fleet information, including
costing, billing to other Departments, replacement analysis, utilization analysis, etc.
. Hardware purchased from Comark is required to run the Prototype system.
. Software purchased from Oracle Corp. provides the necessary database to operate the Prototype system.
. Funding is available in CIP project 94223 Garage/Building & Maintenance Technology Upgrade. Codes
315-94223-564300-519-000 ($172,800) 315-94223-564000-519-000 ($72,000).
Reviewed by:
lepl
Bud.
Purchulnl
Risk MlmL
ISW
ACM
Other
Costs:
$244,000
Commlssloll Action:
[] Allllftlved
o AIl/lftlvcd w/Condltlons
o Denied
[] Cuntlnued 101
Total
$244,"00
Current Flscal Year
c/'"
Advertised:
Dale: 10-31-97 11-8-97
P;aper.WMfleld', Tampa Trlb.
e Not Required
Affected Puties:
t8J Notified
[] Not Required
Funding Source:
lXI Capital I mprovernenl:
o OperallnB:
o Olher:
Atladull"nlsl
Submitted by:
('II -S f\. fi)
CIty MaMacr
o Printed on recycled paper
Approprlatioll Code
315.94223.56430(}.519.Q00
315.94223.56400(}.519.Q00
o NOllc
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Cost Justification for FleetAnywhere
,.
The following worksheet enables you to determine the potential savings which your
organization can realize from implementing FleetAnywhere:
I
Cost Category Instructions Category Estimated Estimated
Amount Savings Savings
Percentage
Reduction of Define Total
Maintenance Budget Maintenance Budget 7.5% $
through Operational Amount
Improvements
Reduction of Labor Define Total Annual
Costs through Labor Cost 7.5% $
Improved Labor
Producti vi ty
Reduction of Fuel Define Annual Fuel
Expense through Cost 5% $
Improved Equipment
Performance
Reduction of Parts Define Average
Inventory through Inventory Value 10% $
Improved Parts
Ordering and
Stocking Capabilities
Reduction of Parts Define Annual
Inventory Expense Purchases Amount 5% $
through Warranty
Recovery
Reduction of Costs of Define Annual
P~s Inventory Purchases Amount 10% $
Purchases through
Improved Parts
Purchasing and
Stocking Practices
Warranty Savings ~ Define Total $300 per
Equipment! Number of equipment unit $
Components Equipment Units
Total Potential Savings $
Page 1
; .', ~ '. . t.'\.:J,'_.... ..... .'
FLEET MANAGEMENT SYSTEM AGREEMENT
This Fleet Management System Agreement (the IIAgreemenr') is entered into on
I 199 ,between City of Clearwater, Florida (hereinafter "Licensee"), with
principal offices at and Prototype Incorporated
(hereinafter "Licensor"), with principal offices at 3550 Round Barn Blvd., Suite 302, Santa Rosa,
California 95403.
Licensor has developed and owns the proprietary computer software identified in the License
Fees chart of Section 2 below. Licensor has also developed printed and electronic documentation
for use with such computer software, including certain Items which may be made available to
Licensee on Licensor's World Wide Web site ("Documentation"). The computer software and the
Documentation shall hereinafter be referred to in this Agreement as "the Product".
Licensee desires to acquire the right to utilize the Product for a single database which will reside
on the database server computer Identified In Section 9 of this Agreement. No official or
employee af Licensee has any financial interest in the subject matter of this Agreement. All
amounts are in U,S. Dollars.
The parties therefore agree as foHows:
1. License. Effective upon the date of this Agreement, Licensor grants to Licensee a
perpetual non-transferable. non-exclusive license to use the ProdlJct far a single database upon
the terms and conditions set forth herein.
Licensor's Proposal to City of Clearwater, dated December 15,1997, is hereby incorporated by
reference into this Agreement and made a part hereof. Where the terms of this Agreement
conflict with the terms of the above-referenced document. the terms of this Agreement shall
govern.
2. Oellverables. Licensor shall provide to Licensee (1) a license to use the Product
described below under "License Fees", and (2) the services listed below under "Services". The
prices for these Items are as set forth below, and any applicable sales, use, license or similar
taxes shall be added to the prices.
LICENSE FEES
FleetAnywhere 4.0, multi-user Base System. up to 4,000 $50,000.00
equipment units
TOTAL $50,000.00
Licensee shall have the right to upgrade its license or to license optional modules in accordance
with the fees set forth in exhibit A. This pricing is valid for two years from the date of contract
execution.
Page 1
. . l ~ '.. .
,
..~----_._--
~
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PAGE 132
,
.
.'
:1
.'
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'.
.. SERVICES
:t:
Tralnln$Snd Jmp',mentsUon Als'-tanco, 18 daya, $28,800.00
$1,800. 0 por day (inoludes travel expenoea)
~',
Project ~anagementlOff-alte Implementation Assilltance, eo 12,000.00
hOuJ1l, ~50.00 per hour
, I.
Data cq.nvo~on Services, 100 boure, $150.00 per hour 16,000.00
.'
Sa~ tnamltatlon $orvlees, "day, $1.000.00 per day 1.000.00
:'
TOT~L (delenntnlbJ. Items) $66,800.00
'J
'.
''1
. t
Ucensor warranlailhat the quantity of services set forth above will bet sufflc{ent to achieve
Ucensee's Impl~f3ntaUon. provIded that .
. LIcensee ~58Unl$S responlllbll/ty tor ensuring that ita Imlnees have basIc knowledge of
and famn~~rfty WIth u,lng W'lndows-basod loftwara.prfor to receiving Tmlnlng ServJcee
. .
'.
Lk;ensee'~ trainees havo e reasonable ability to learn tho mater1a1 covered Ulrough
Training ~rv~ .
J
Ucensee personnel attend traIning sessJons When scheduled and devote theIr full
attention ~ them
1 .
Ucensee ~rsonnel raspond prompt1y to requests for information from Licensor In
COflnectlot\ W1~ PfOjed MaJ')agernent and Data Conversion SeMeeI
Ucensee toVidos Ucenaor with remote access through PCAnywhdfe or RBmotG Access
via dlaf~AponriectJon to Its database BOIVer and app11catJon salVor and anuurea that
LictmW5 ~tatT.hav. the approprlate rights and ~rlty clearance. to worl< In the
Product's ~atabaM '
. Ii .... .
If any of the abovai,condltfons are not met. Ucensor does,not guarantee that the quantlly of
services above wlJl'be sutncJent to achieve Ucensee',lmplomantatJon. and Ucensee sheff be
reapanslble for ~ asooclated with addItional services ",nOOred. Licensor ehall "otil')' LJcenoetl
immedIately at anx::tlme.1n the Imph~mentatlon when (a) It believes Ueenaee's targeted
Implementation scliedufo Is In Jeopardy, or (b) Licensee Is not satisfying Bny of the abov.
condltlonl. . :~
.
.
.
.
'.
:.
.:..
.,
,~
ROBMS
Ucel'tbe8 shall have the right to procure the Or'8cJe relational database
ma'~agetnent system from Ucensor at Ucensor's current 1l5t prl~.
I'
.;
.J
oI~
..
.:
BAR CODe eQUIPI'JIENT
Ucenae.; ahan have the light to proeure bar COde equIpment from lJcQn~r at
L1c8~8 current n5t prfces, . exhibit B. ear Code ~uJpment Plica List. It
hereby.'fncorporated by referance, .~ Includes If.t prICe. as of !he dale of
~ contract GX~on. Prices Qf'tJ'IubjeOl to Change.
'.
,
.,
" 2
a.:
:~
.
"
3. Payment Terms. LIcensor shall invoice licensee for all Oeliverables an the fallowing
schedule:
PAYMENT
LICENSE FEES
EVENT
25% of license fees
25% of license fees
50% of license fees
upon contract execution
upon the earlier of (1) Licensor's first site visit or (2) 60
days after contract execution ..
upon the earlier of (1) acceptance in accordance with
Section 8 below, or (2) 180 days after delivery if
licensee has caused a material delay in the
implementation schedule attached hereto as Exhibit C
SERVICES, ROBMS, AND BAR CODE EQUIPMENT
. 100% of each delivery of services, ROBMS. or bar code equipment, including
travel expense associated with services, as delivered
Each invoice is due and payable within forty-five (45) days of the date of the invoice. All sums
remaining unpaid for forty-five (45) days after the date of invoice shall be subject to a service
charge at the rate of 1 % per month.
4. Training Program. Licensor and Licensee will consult on the optimal dates of delivery
for each training visit in accordance with the progress of Licensee's implementation of the
Product
Licensor will provide on-site training to Licensee in a classroom environment suitable for training.
Licensee will be responsible for providing and preparing the training facility. Licensor will provide
setup, operations, and administration training to licensee which will introduce the Product and its
philosophy, as well as train the appropriate individuals to define the operating environment, enter
and review data, c.-eate and generate reports, and administer the application and database.
Training sessions designed for system administrators will include:
. Generation and review of standard reports
. Using the ad hoc report writer to develop customize queries and reports
. Maintenance of the FleetAnywhere database and data tables
. End of period processing
. Utility functions
Training sessions designed for supervisors and project managers will Include:
. Introduction to operalions. including use of FleetAnywhere's graphical user interface
. System setup and configuration, including system options. equipment classification, repair
and PM task definition. PM program definition, and other supporting data Items
3
- T -.:QIII
. Explanation of equipment records and data elements
. Explanation of parts records and data elements
Operational training for end users will include:
· Introduction to operations, including use of FleetAnywhere's graphical user interface
. Explanation of equipment tracking functions
. Explanation of work order functions
. Explanation of parts inventory tracking functions
5. Other Services.
Software Installation. licensee will ship its database server to Licensor's offices with Windows
NT installed. Licensor will install the relational database management system and FleetAnywhere
software on the database server. At the appropriate time. licensor will ship the server to
Licensee's offices, and lic(Jnsee will be responsible for installing the server into its network.
Licensee will be responsible for all shipping costs.
Project Management. licensor will expend project management hours assisting Licensee with
project coordination and planning, computer hardware specifications and setup, data import. and
other implementation issues. Licensor will document in detail the activities in which it expends
project management hours and will provide this documentation to Licensee upon request.
Implementation Assistance Services. licensor will deliver implementation assistance services
to address the foHowing general tasks:
· Provide high-Jevel view of the Product to key users and decision makers to preface initial
discussions concerning use and Implementation of the system
. Provide guidance in outlining, at a macro level, existing procedures and shop operations
. Identify key areas of the Product's functionality based on specific business requirements
. Assist in mapping current data elements into the Product's features to optimize the
Product's functionality while meeting the defined procedural and reporting requirements
· Assist, where possible, in gathering and assimilating current and historical data for
migration into the new system
· Assist in developing the data import files to load base and historical data into the Product
· Develop a billing report substantially the same as the one currently used In the Licensee's
GEMS system (as provided via facsimile to Licensor prior to contract execution)
· Develop a single report for replacement analysis which identifies vehicles meeting all of
the following criteria:
.. Mileage exceeds 50,000 (only those vehicles billed by utilization)
. Is fully depreciated
. Repair and maintenance costs exceed the purchase cost
Licensor makes the following assumptions for development of this report
4
1. Licensor will define "vehicles billed by utilization" as those vehicles for which Licensee
records usage (miles, hours, etc.) and bills the using or owning department for resulting
usage charges.
.!
2. Licensor will assume that all "vehicles billed by utilization" will have the same one-
character Billing Code, which is defined on the Codes tab of the Equipment Unit Primary
Information screen.
3. Licensor will use Life Usage to evaluate the 50,000 mile threshold.
4. Licensor will Identify fully depreciated vehicles as those that have zero months of
depreciation remaining as defined on the Ownership and Depreciation tab of the
Equipment Unit Primary Information screen.
5. Licensor will agree with Licensee as to which cost components to use to calculate total
repair and maintenance costs. Possible cost components are those that appear on the
Historical Costs screen.
6. Licensor assumes that the purchase price of each equipment unit will be recorded in
the Product's database.
This report will be executed through the Product's Query/Report Generator.
.. Provide on-site assistance during the final preparation for the commencement of live
operations
. Act as a resource to all members of the project team, including fleet management
personnel and end users, during the transition to live operations
6. Travel Expenses for On-Site Services. The service rates set forth in Section 2 above
include all travel expenses to be paid by licensee.
7. This section Intentionally deleted.
8. Acceptance Test. Acceptance will occur when the Product is capable of operating in live
operations at Licensee's site. The parties will act in good faith to agree upon when the Product is
capable of operating in live operations and will use the acceptance test below (to be performed by
Licensee) as a guide.
Licensee will identify a small subset of the entire fleet operation on which to perform testing. The
test will include the foHowing steps:
Functional Test
. Set general configuration parameters and options
. Add and modify entries to all system tables, including repair and PM tasks, vendors,
employees, departments, locations, equipment classes. PM programs and standards
. Define and verify the security and access control functions
. Add and modify equipment master data
. Add and modify parts master data
. Order and receive parts Into inventory and check inventory status (quantity and value on
hand and on order) at each stage of the process
5
. ; > 1
. Charge Internal and external fuel to equipment units, and verify the charges of quantity
and cost as well as proper inventory relief
. Open a repair order and a PM order for an equipment unit
. Charge labor to the work orders and verify the charges/credits of hours and costs
. Charge inventory parts to the work orders and verify the charges/credits of quantity and
cost as well as proper Inventory relief
. Charge non-Inventory parts to the work orders and verify the charges/credits of quantity
and cost
. Charge commercial charges to the work orders and verify the charges of labor and parts
. Close the repair and PM orders
. Verify work order charges
. Transfer a part from one stock location to another
. Adjust parts inventory both upward and downward
. Generate a sampling of standard reports
. Execute end of month processing
. Exercise the capabilities of the report generator
Load Test
Process transactions from multiple terminals, using the Product's data import capabilities, to
simulate a normal live load on the Product.
Procedures
During both test phases, Licensee will make a written record of any problems encountered, with
appropriate ;supporting descriptions to facilitate diagnosis and correction. If no problems are
encountered, Licensee will Immediately certify that the Product has passed the test phase.
If any problems are encountered. Licensee and Licensor will attempt In good faith to reach
agreement on whether the prOblems would prevent Licensee from commencing production
operations with the Product or substantially inhibit Licensee's use of the Product if production
operations were commenced.
If agreement is reached that production operations can be commenced without substantial
inhibition, Licensor will provide to LIcensee a written statement that the problems will be corrected
by a stated date acceptable to Licensee, and Licensee will immediately certify that the Product
has passed the test phase.
If agreement Is reached that the problems either prevent Licensee from commencing production
operations with the Product or would SUbstantially inhibit Licensee's use of the Product If
production operations were commenced. or if Licensee and Licensor are unable to agree,
Licensor will provide to Licensee a written statement that the problems will be corrected by a
stated date acceptable to Licensee, and Licensee will certify that the Product has passed the test
phase upon receipt of an updated versIon of the Product and verification that the problems have
been resolved. Licensee shall perform such verification within five (5) working days after receipt
of the updated version, and shall communicate the results of its verification to Licensor.
6
>!. .
The Product wlll be deemed to have passed the acceptance test jf Licensee (I) uses the Product
in production operations for any period of three (3) consecutive business days, or (2) falls to
complete the acceptance test within 180 days after contract execution, and Licensor has notified
Licensee that the Product is capable of live operations at LIcensee's site. -
9. Database and Application Identification. (to be completed by Licensee)
Database server computer (circle one):
Pentium, NT
Location of database seNer: -
RS/6000, AIX
Other:
Application server computer (circle one):
Pentium, NT RS/6000. AIX None (Fat Client)
10. Delivery of the Product. The Product is delivered on CD-ROM, together with one copy
of printed and electronic Documentation and reasonable access to the Documentation made
available on Licensor's World Wide Web site, and includes the following files ("Files"):
. one copy of the executable program code
. one copy of a program or script to create the (empty) Product database
· one copy of a file of herp information for display online in the Product
. files, scripts, and programs used during Installation of the Product
11. Data Conversion. Licensor's documentation for the Product includes data import
specifications in the form of ASCII format record layouts and other information which is useful In
preparing data for Import into the Product. Licensee's staff will be responsible for extracting the
data to be imported from its existing system in ASCII format and providing such data promptly
upon request to Licensor. Licensee's staff will also provide Licensor with fire layouts and
documentation for the data to be converted.
LIcensor wlll be responsible for formatting the data to be Imported in compliance with the Product
data import specifications, and for executing the data import functions. Whfle Licensor guarantees
that it will be able-to import any data which can be entered on a FleetAnywhere screen, Licensor
does not guarantee that all data supplied by Licensee will be capable of import. Licensor wfll use
its best efforts to achieve Import of all data suppHed by Licensee.
Upon receipt of Licensee's data in ASCII format and all other appropriate Information, Licensor will
review the data and, withIn a reasonable time period, notify Licensee of any problems it expects to
encounter with the Import process. If Licensor notifies LIcensee that it will be unable to import any
portion of the supplied data, Licensee will have the option to discontinue data conversion services.
In this event, Licensee will pay Licensor for the number of hours it has spent to date on data
conversion at the rate set forth In Section 2.
12. Warranty.
(a) Licensor warrants that the Product will perform as described in the Documentation for the
Product when it Is used In accordance with the Documentation. Licensor also warrants that the
Product is year~2000 compliant (I.e., is fully capable of processing data containing the years 2000,
2001, and subsequent years, without causing failure, defect, or disabling the Product). Licensor
7
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warrants that (I) the Product has been tested for compliance with the above year-2000 warranty.
(Ii) the Product has passed such testing, and (iiI) LIcensor has no knowledge of any failures of the
Product In connection with year-2000 compliance.
The period of the warranty ('Warranty Period") shall be one year commencing upon delivery of the
Product Under the warranty, Licensor will correct (as provIded in Section 14 below) any Errors
(as defined in Section 14 below) reported by Licensee during the Warranty Period. The warranty
Is Included in the license fee for the Product.
(b) THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(c) Licensor's sole obligations under the warranty shall be to ensure that the Product will perform
as set forth in (a) above. All costs and expenses incurred by licensor in performing the warranty
shall be for the account of Licensor. LIcensor shall not, however, be responsible to Licensee for
any incidental or consequential damages.
(d) Notwithstanding the provisions of (b) and (c) above, licensor shall indemnify and hold
Licensee harmless with respect to any claim made against licensee that the Product infringes
upon the proprietary rights of others.
(e) Licensor's liabflfty under this Agreement for damages including but not limited to liability for
infringement upon the proprietary rights of others, regardless of the form of action, shall not
exceed the total price paid pursuant to this Agreement.
13. Support Program.
(a) Licensor shall offer a program ("Program") of maintenance and support for the Product. The
Program will be divIded into annual periods ("Program Periods"), the first of which will begin on the
day following delivery of the Product.
(b) The Program shall include the following: (1) distribution of the corrections, updates and
enhancements referred to In Section 14; (2) access to qualified telephone hot~nne support from
LIcensor from 5:00 am to 5:30 pm Pacific Time on normal business days, In connection with any
aspect af installation or operation of the Product; and (3) membership in any user's group of the
Product licensees which LIcensor may organize.
(c) The annual cost for the Program will be an amount equal to 20% of the total license fees
(before any discounts) paid by Licensee for all copies of the Product licensed as of the first day of
each annual Program Period. In the event that Licensee licenses an optional module, contracts
for a custom enhancement/interface. or upgrades the number of equipment units covered by its
license after the date of license, the annual cost for the Program will be increased by an amount
equal to 20% of the total license fees for such optional module. custom enhancementlinterfac8, or
license upgrade as of the first day of the Program Period ImmedIately following the Program
Period in which such item was provided to LIcensee. Upon license, such optional module, custom
enhancementlinterface, or license upgrade shall be considered part of the Product, as defined in
these terms and conditions, and Is subject to all terms and conditions herein. The cost for the first
Program Period is Included in the license fees set forth in Section 2 above. For periods beginning
on or after four years following delivery of the Product, the annual cost of the Program will be
subject to adjustment proportIonal to any increases or decreases in Licensor's established price(s)
for the Product(s) licensed. .
(d) Prior to the expiration of each annual Program Period for which licensee has joined the
Program, LIcensor shall notify Licensee of Its option to join or continue in the Program. If Licensee
so elects, Licensee shall pay to LIcensor an amount equal to the annual cost of the Program.
8
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(e) If LIcensee fails to join the Program for any annual period, as a prerequisite to rejoining the
Program for any subsequent period, Licensee shall pay to Licensor an amount equal to the annual
cost of the Program for each Program Period or partial Program Period in which Licensee did not
participate, as well as the cost for the annual Program Period for which LIcensee Is rejoining.
Upon receipt of such payment, licensor shall reinstate LIcensee in the Program and furnish to
Licensee a then current copy of the Product.
(f) Service Guarantee. Licensor provides the following service guarantee for providing technIcal
support to Licensee while Licensee is a member of the Program. Licensor staff shall use their
best efforts to respond to problems (1) indIcated by Licensee to be critical (the system is down)
within 15 to 30 minutes of receipt of a problem report, and (2) not indicated by Licensee to be
critical within two hours of receipt of a problem report. Licensee understands and acknowledges
that Licensor will not always be able to deliver the above response time, depending on fluctuating
demand for service from other clients. .
Licensor's failure to contact Licensee wIthin two hours of receipt of a critical problem report from
Licensee shall constitute an Incident Licensor's faflure to contact Licensee within 24 hours of
receIpt of a non-critlcal problem report from Licensee shall also constitute an IncIdent. If Licensee
experiences more than five Incidents in a sIngle annual period, Licensor shall credit 10% of the
Program fee for such annual period for each Incident after the fifth toward payment of the next'
Program Period fee. If Licensor attempts to contact Licensee via telephone or fax but LIcensee's
staff are not available to respond, Licensor shall be deemed to have made contact, provided that
Licensor leaves a message indicating such attempted contact.
The parties acknowledge and agree that the above service guarantee requires that Licensor make
an attempt to contact Licensee within the prescribed time periods, begin to diligently pursue
problem resolution, and contInue to do so until the problem is resolved. Licensor makes no
guarantee regarding the time period for ultimate problem resolution, and such time period is
entirely dependent upon the nature of the problem.
(g) Uptime Guarantee. licensor guarantees that the Product, when properly Implemer:tted and
maintained, will provide an uptime of 95% for Licensee. This guarantee shall not apply to
problems attributable to Licensee's network, including its local area network, wide area network,
intranet, and the Internet (as applicable). This guarantee shall also not apply to any performance
problem attributable to failure or excessive loading of any component of the network. If Licensee
experiences a critical problem (the system is down) for more than 5% of Licensee's official work
hours in an annual period, and such critical problem is attributable exclusively to a problem with
the Product, Licensor shall credIt Licensee for 5% of the Program fee for such annual period for
each full day in which the critical problem exists toward payment of the next Program Period fee.
If Licensor provides assistance in the form of instructions or a new version of the software to
address a critical problem, Licensee shall follow such instructions or install the new version upon
receipt. Any delays by Licensee to respond to Licensor's assistance shall be deducted from the
period of downtime for purposes of this provision.
14. Enhancements and Corrections.
(a) From time to time. Licensor may dIscover, either Itself or from its licensees, errors ("Errors") In
.the Product. Licensor shall notify Licensee of and provide corrections ("Correctfon") for all Errors
discovered during the Warranty Period or during any Program Period during which Licensee Is a
member of the Program, within ninety (90) days after the discovery. The Correction shall be on
CD-ROM and shall Include a corrected copy of any portions of the Product which were changed to
correct an Error, and shall be accompanied by Installation Instructions. From time to timB,
LIcensor shall also provIde an updated copy of the help file and updated pages far the
Documentation to Incorporate In them any changes required by Corrections issued.
9
,.~._-~.... ..~"
An actual problem shall be an Instance of an Error In the Product or a failure of one or more of the
products of others provided under this Agreement to perform as stated In Its documentalfon.
Licensor shall act to resolve and correct all actual problems originating In the Product, and shall
promptly communicate with and diligently pursue with other vendors, within the scope of
Licensor's maintenance agreements with them, a resolution and correction of all actual problems
originating in any of the products of others delivered with the Product. Deficiencies of unknown
origin will be referred initially to Licensor. If Licensor believes in good faith that an actual problem
Is attributable to hardware or to software other than the Product or the products of others, .
LIcensor shall so notify Licensee. with LIcensor's reasons for such belief, and Licensee shall refer
the actual problem to the appropriate other source for resolution, Licensor shall assist and
cooperate fully with Licensee and any such other source in seeking a resolution of any problem
requiring any action by or information from LIcensor. In the event of a disagreement between
LIcensor and any such other source over the proper attribution of an actual problem, Licensor
shall use its best efforts to resolve such disagreement.
(b) From time to time, Licensor may develop enhancements to or updated versions of the Product
("Enhancement"). Enhancements shall be developed only in the next-to-be-released version of
the Product, and not In previous versions. If an Enhancement is made available by Licensor
during any Program Period during which Licensee is a member of the Program, Licensor shall
notify Licensee in writing of the existence and nature of the Enhancement and shall make the
Enhancement available to Licensee on CD-ROM containing the enhanced or updated version of
the Product, accompanied by installation instructions and an updated copy of the help file; from
time to time licensor shall provide updated or new pages for the Documentation to cover such
enhancements to or updated versions of the Product.
15. Ownership and Use of the Product. The only right in the Product which is conveyed to
Licensee under this Agreement is the right to use the Product, with respect to only its own
operations, in machine readable form on the computer or computers identified In Section 9. The
tenn "use" means copying the Product from storage media into the central processor of the
computer for processing and executing the code. AU ather right, title and interest in all copies of
the Product, including Enhancements, remains in Licensor as the proprietary information and
trade secret of Licensor whether or not any portion of the Product is or may be validly copyrighted
or patented. Licensee shall not modify, alter, reverse engineer, disassemble, compile, reverse
compile, or decompile the Product. Any technical assistance required to remedy prOblems
associated with modification of the structure or content of the Product's database is outside the
scope of the Support Program provided by licensor. Licensor will charge additional fees for such
services.
Licensee recognizes that the Product and any component thereof is the proprietary and
confidential information of licensor. In particular, but without limitation, this Agreement does not
convey to Licensee or any of Its agents or employees any of the following rights unless the prior
written consent thereto of Licensor is obtained:
(a) To make any caples of all or any part of the Product (including documentation) on any media
other than for purposes of Licensee's internal use, back-up, emergency restart, or replacement of
media at a computer identified in Section 9;
(b) To assign (whether voluntarily. by operatIon of law, or otherwise). sublicense, transfer or
deliver any copies of all or any part of the Product In any form to any person, firm, corporation or
other entity of any kind or description;
(c) To use the Product for the benefit of any other person, firm, corporation or other entity of any
kind or description, whether as a "service bureau" or in any other manner;
(d) To alter any portion of the Product in any manner, except with the prior authorization of
Licensor, which shall not be unreasonably withheld.
10
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-
16. Licensee's Responsibilities.
(a) LIcensee shall be exclusively responsible for the supervision, management and control of its
use of the Product, Including without limitation:
(1) assuring proper machine configuration, program installation, audit controls and
operating methods;
(2) establishing adequate backup plans based on alternate procedures or on access to
qualified personnel who are capable of resolving issues relating to computer hardware,
network configuration, server operating systems, workstation operating system. and
workstation configuration; and
(3) implementing sufficient procedures and checkpoints to satisfy its requirements for
security and accuracy of input and output as well as restart and recovery in the event of a
malfunction.
(b) Licensee shall take appropriate actron with its employees, agents and contractors, by
agreement or otherwise, to satisfy its obligations under this Agreement with respect to use,
copying. modification, protection, and security of the Product.
(c) Licensee shall designate a representative to receive notices and communications from
Licensor related to this Agreement.
(d) On any termination of this Agreement for any reason, Licensee shall deliver to Licensor all
materials (including object programs, CDs, and written materials) furnished by Licensor pertaining
to the Product, and shall warrant in writing to Licensor that all copies of the Product in possession
of Licensee, including both magnetic and written materials, have been destroyed without backup.
(e) Licensee is responsible for providing the specified computing platform ready for installation of
the Product. This responsibility includes:
(1) Proper installation. wiring and connection of all hardware components, including
without limitation, host processors, file servers. database servers, application servers,
workstations. terminals, and printers;
(2) Proper installation of all system software required to support all hardware
components;
(3) Proper preparation and allocation of disk resources for the Product;
(4) Proper setup of any user accounts, rights and permissions required for operation of
the Product;
(5) License, installation and ongoing administration of the appropriate relatianal database
management system software and any associated equipment to be used in conjunction
with the Product.
17. Escrow. Licensor has deposited a copy of the source code for the Product and
Licensor's program documentation. on CD-ROM, to be placed into escrow with the following
escrow agent ("Escrow Agenft):
Corporate offices:
Lincoln-Parry Associates Inc.
1370 Don Mills Road, Suite 210
Don Mills. Ontario M38 3N7
Software escrow stored at:
11
Lincoln.Parry Associates Inc.
6312 South Fiddler's Green Circle
MCI Plaza, Suite 200N
Englewood, Colorado 80111
Licensor will take steps to ensure that Licensee shall have the right, pursuant to the escrow
agreement between Licensor and the Escrow Agent and upon payment by Licensee to the
Escrow Agent of any costs involved (duplication and shipping), to obtain a single copy of such
source code and program documentation upon occurrence of any of the foHowing events:
(a) Persistent faHure or refusal, continuing for a period of sixty (60) days after written demand by
Licensee, by Licensor to perform any of its obligations under this Agreement, including but no't
limited to the continuance of the Program.
(b) Discontinuance of business by Licensor because of bankruptcy (as evidenced by bankruptcy
filing), receivership, dissolution or other form of permanent business disruption; provided that such
business is not continued by a successor willing and able to perform the obligations of Licensor
under this Agreement.
(c) Abandonment by Licensor of attempts to market the Product for a period of one hundred
eighty (180) days.
If Licensor makes corrections or enhancements to the Product, Licensor shall deposit a copy of
the updated or enhanced source code for the Product with the Escrow Agent at the time such
corrections or enhancements are made available to Licensee.
18. Confidential and Proprietary Information. The Product is the confidential and
proprietary information of Licensor. Licensee shall treat the Product as such and shall take
appropriate steps with its employees, agents, and contractors to protect the Product (or any part
thereof. but not including Licensee's data stored in or obtained from the Product) from being
disclosed, delivered, or transferred to any person or organization outside of Licensee's immediate
implementation team and user community. Such disclosure, delivery, or transfer of all or any part
of the Product shall be a material breach of this Agreement. Licensee shall treat the terms of this
Agreement as confidential Information. This section is subject to the Florida Public Records Law.
19. Breach.
(a) For any breach of the provisions of Sections 2, 3, 15, 16(b), or 18, Licensor shall have the
right to terminate this license, in addition to any other rights available to It, and to repossess the
Product as described in Section 16(d).
(b) Upon any termination of this license, Licensee shall return to Licensor all materials (diskettes,
CD.ROMs and manuals) received from Licensor pursuant to this Ifcense, and shall certify to
Licensor In writing that all copies of all files listed in Section 10 made by Licensee have been
destroyed without backup.
20. On.slte Services Polley.
(a) Licensor will provide Licensee with a choice of unreserved on.site services dates upon
request
(b) Licensor will require Licensee to specify In writing the on-site services dates It wishes to
reserve. Upon receipt of written notification. Licensor will formally reserve those dates for
Licensee (If available) and will begin making travel arrangements.
(e) Licensor will accept cancellation of on-site services dates up to one month prior to the dates.
For cancellations less than one month In advance of the first of a group of consecutive on-site
services days, Licensor will charge a service fee of $500 per day of training scheduled to be
12
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delivered and Licensee will reimburse Licensor for any travel expenses incurred for which
Licensor cannot secure a full refund.
(d) Licensee may include as many people as it wishes In each on-site seNices session.
(e) licensor will not furnish any hardware required in connection with on-site services, but will
provide Licensee with hardware and facility recommendations upon scheduling of on-site
services.
(f) If Licensee procures the Bar Code Module and associated bar code hardware, it will be
responsible for setup of all bar code hardware and charging of batteries prior to on-site services.
Licensee may designate a portion of on-site services time for setup by Licensor of bar code
hardware. However, batteries must ~e charged by LIcensee prior to on-site services.
21. Bar Code Modu.le Eproms. If Licensee purchases from LIcensor any Microwand or other
bar code readers (MBar Code Reader") for use with the Bar Code Module of the Product, licensor
provides an eprom for each such Bar Code Reader which contains software to enable the Bar
Code Reader to work properly wtth the Product.
\^/hen Licensor makes available a new version of the Product, Licensor may require that Licensee
exchange the eprom inside each such Bar Code Reader for a similar eprom containing an
updated version of such software. If Licensee returns an eprom to Licensor in good and re-usable
condition, Licensor will provide a replacement eprom containing an updated version of such
software at no charge to Licensee. For each eprom which Licensee fails to return to Licensor for
. exchange1 and for each eprom returned to Licensor In damaged or unusable condition, licensee
will pay to Licensor. upon receipt of an Invoice therefor, the sum of $20 as a selVice charge for
repla~ement of the eprom.
22. Dispute Resolution. Disputes on any matter relating to this Agreement shall first be
dIscussed by representatives of each party who shall use their best efforts to amicably and
promptly resolve the dispute. If litigation occurs, the non-prevailfng party will reimburse the
prevailing party for attorneys fees and litigation costs.
23. Governing Law and Venue. This Agreement shall be governed by the laws of the State
of Florida, and venue shall lie in a court of competent jurisdiction in Pinellas County, Florida.
24. Entire Agreement. This Agreement contains the entire understanding of the parties and
supersedes all ather communications, written or oral, relattng to the subject matter of this
Agreement. '
13
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. The Agreement has been executed by the followIng duly authorized representatives for each
. party:
PROTOTYPE INCORPORATED
CITY OF CLEARWATER. FLORIDA
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.8 ce Jacobs.
. President
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Name
Title
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PROTOTYpe;
PME. 83
EXHmIT A
PROTOTYPE: INCORPORATlb
FtHtAaywbClr. Ueen.se Vparaclc Scbtdule
D<<ember 15, 1m '~.
PrleJa, v.lld (or two yea... 'I'ro~ tb. dlte or contract execution
License Feet
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fteetAnywhCll'e &r Code Module ,
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FttetAnywhere Replacement ~1ys'l Module -
fteetAnywhere Servleo Leve' Aarccmcnt" Module
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FIeetAn)twh.". Motor Pool MOl4\.1J.
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flectAnywbcre Bue Sy'tetll, 'DO-unit lnc:remcmt
Fteet.Anywbuc 8ar Code ModUf", ,OO-udit Increment
FlcctAnywherm RcploCtmeOt ACi'atysil Module, $oo..unit mcremCDt
FleetAnywhere Set'vicct Level A~m(:nlS Module, 500-unIr Increment
FJcctAnywhcrc Motor Pool MoCule, 5()()"uoit increment
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F1ectAnywhere Bar Code Module. day. ..
FleetAnywherc Replacement An.IY$I, Modulo, daya ..
FlcetAnywbcro Service Level Agreements Modtdt, dJsy. ..
FlcetAnywhCtll Motor poor Module, days ...
'.
,
. · AntIclnAfood c:omplction date Caribls modulo Is June 30, \999.
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.. DoeI not incfude traYel e)(pe~' for which. Proto\ype wUJ Involco the City.
Qty Ullft PI1u !xltlUfol
I $6,000.00 $6,000.00
1 8.000.00 8,000.00
t 10,000.00 J 0.000.00
1 8.000.00 1.000.00
I $6)50.00 $6.2$0.00
1 7'0.00 750.00
1 11000.00 1,000.00
I J ,250.00 1.2$0.00
I t,OOO,oo 1.000.00
I $l.250.oo $1,250.00
3 1,250.00 3,750.00
3 1,250.00 3,750,00
2 t .250.00 2,500.00
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
Meeting Dale:
3Et
J .~\.93
SUBJECl/RECOMMEN DA liON:
Award a contract in the amount of $150,000.00 to Career Options of Pinellas, Inc. for administration of
the City of Clearwater Summer Youth Employment Program which is the only responsive and responsible
bid received in accordance with the specifications,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· A Request for Proposal was prepared for this ongoing program which has been deemed beneficial to City
youth, businesses, and other residents.
. . Approximately 100 youths will be placed in private sector jobs for six weeks during the summer.
· City provides funding for payroll services, placement, job counseling, and other related services.
. Program administration ~i11 be the responsibility of Career Options of Pinellas, Inc.
. Funding for the program is budgeted in the Human Relationsl Community Programs budget, 010-
09232M582000-569~000, which has $150,000.00 available for the project.
Reviewed by:
Leg'al ~
Budget ./~
Purchasing
Risk Mgml
Info Srvc
Public Works
DCMlACM
Other
rY
N/A
N/A
Originating Dcpt:
Human Relations
User Dept.
Costs
Total $150,000
N/A
Attachments
Funding Source:
Current FY $150,000 Cl
or x
Other
Submitted
City Manager fY\.:::.r R
Printed on recycled paper
tz( None
A ro riation Code:010-09232-502000-S69.000
Rev. 2/98
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AGREEMENT
THIS AGREEMENT, made and entered into on the day of , 19_,
by and between Career Options of Pinellas, Inc. (herein referred to as the HContractor") and the
City of Clearwater, Florida (herein referred to as the "City"), hereby incorporates by reference
the City of Clemwater's "Standard Requirements for Request for Proposals"; Exhibits A -
Ilisurance Requirements; Request for Proposal City of Clearwater Summer Youth Employment
Program; and the Contractor's Proposal which was submitted in response to the City's Request
for Proposal.
1. The Contractor shall furnish all material and perfonn all of the work for administration of
the 1999 Summer Youth Employment Program of the City in full and complete
accordance with the following goals:
a) To provide 100 summer jobs for targeted youth over a six week period in local
private industry at a cost of $150,000.
b) To achieve a 75% satisfaction rating (Satisfactory or higher) from employers and
,youth participating in the Summer Jobs Program.
c) To obtain program evaluations from at least 75% of all summer youth participants
and their employers and from as many of the parents/guardians of youth
participating in the Program as is practicable, at least once every two years.
d) The City and the Contractor will implement the following:
i) Fifty percent (50%) of the population to be served will consist of high
school dropouts who are 16 years of age and any youth who are 17 to 23
years of age. Additionally, 90% of the participants will reside in the
targeted geographical areas.
ii) Include a measure of youth satisfaction with the program as part of the
data collection.
iii) Collect and analyze infom1ation about youth who applied but did not
enroll in the Program and for Program dropouts.
iv) Set minimum service parameters, such as number of youth to be served,
number of employers to participate, number of hours of pre-employment
training for youth/employers.
v) Determine the amount and content of pre-employment training, who
should provide the training, who should participate, and some form of
evaluating the effectiveness of the training.
vi) The administrator of the contract will present the City with a final report
on the program no later than October 151 following completion of the
program.
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vii) Develop a pilot program wherein a minimum of 20% of the total number
of employers will. pay at least $1.00/hour towards the youths' hourly
wages.
2. All provisions of this contract shall be strictly complied with and confonned to, and no
amendment to this Contract shall be made except upon the written consent of the parties,
which consent shall not be unreasonably withheld. No amendment shall be construed to
release either party from any obligation of this contract except as specifically provided for
in such amendment.
" '
3. Within thirty (30) days after execution of this Contract by all parties, the City will pay
$30,000 for start~up and other costs associated with the implementation of the program,
including staffing and administrative expenses. An additional $70,000 will be paid on or
about June 10, and a final payment of $50,000 will be paid on or about July 10. The
City's maximum liability under this contract shall not exceed $150,000, and at the end of
this 'contract all unencumbered funds will be returned to the City.
4. .' In the event that any provision or portion of this contract shall be found to be invalid or'
unenforceable, then such provisions or portion thereof shall be performed in accordance
with the applicable laws. The invalidity or unenforceability of any provision or portion,
, of this contract shall not affect the validity or enforceability of any other provision or
portion of this contract.
5.' . . This contract will be effective from date of award through completion of the 1999
Summer Youth Employment Program and upon agreement of the City and the
Contractor, may be extended annually for one additional year. By giving at least thirty
(30) days written notice to the other party prior to January 1 of the contract year, both
parties must decide to extend this agreement for an additional ye~r.
.
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vii) Develop a pitot program wherein a minimum of 20% of the total number
of employers will pay at least $1.OO/hour towards the youths' hourly
wages.
2. All provisions of this contract shall be strictly complied with and conformed to~ and no
, amendment to this Contract shall be made except upon the written consent of the parties,
which consent shall not be unreasonably withheld. No amendment shall be construed to
release either party from any obligation of this contract except as specifically provided for
in such amendment.
I,
I' .
Within thirty (30) days after execution of this Contract by all parties, the City will pay
$30,000 for start~up and other costs associated with the implementation of the program~
including staffing and administrative expenses. An additional $70,000 will be paid on or
about June 10, and a final payment of $50~OOO win be paid on or about July 10. The
City's maximum liability under this contract shall not exceed $150~000~ and at the end of
this contract all unencumbered funds will be returned to the City.
4. In the event that any provision or portion of this contract shall be found to be invalid or
unenforceablcJ then such provisions or portion thereof shall be performed in 'accordance
with the applicable laws. The invalidity or unenforceability of any provision or portion
. of this contract shall not affect the validity or enforceability of any other provision or
portion of this contract.
3.
5.
This contract will be effective from date of award through completion of the 1999
Summer Youth Employment Program and upon agreement of the City and the
Contractor, may be extended annually for one additional year. By giving at least thirty
(30) days written notice to the other party prior to January 1 of the contract year, both
parties must decide to extend this agreement for an additional year.
>,. .
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SIGNATURE PAGE
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CITY OF CLEARWATER, FL9R1DA
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, ,Countersigned:
By:
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,,' Mayor-Commissioner
City Manager
,',
Approved as to form and legal sufficiency:
Attest: '
J
aim Carassas, Assistant City Attorney
City Clerk
Contractor:
1 .
,
Authorized Signatory: Contractor
Witness
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FROM:
Commissioner Karen Seel ~
Michael J, Roberto, City Ma,a~
Mayor and City Commission
3L.\
TO:
COPIES:
SUBJECT:
Clearwater Summer Youth Program
. DATE:
January 19, 1999
In response to your concerns regarding the Clearwater Summer Youth Program, please be advised of the
following:
J. The private sector was chosen to work with the City in providing jobs for Clearwater's youth
during the summer because the federal summer employment program already dealt with
public sector and private/non-profit organizations. Thereby, no duplication of services.
2. Worker's Compensation could possibly be cheaper or a great deal more expensive based on
the track record of the City and also depending on the accident rate or potential thereof.
3. All employers must adhere to Florida's Child Labor Laws, However, it is also the employers
responsibility to know exactly what those laws are and to adhere to same. Many employers
do not understand or know just what those laws are and as such may violate them due to a
lack of knowledge.
4. Based on infonnation I received from our Housing and Urban Development Division, the
Chore Program operated by the Pinellas Opportunity Council has employees who supervise
and train the persons hired to perform the services of this program.
Here is some additional infonnation that might be of interest to you.
-The original design of the City's current program was developed and evolved to provide the
maximum amount in the variety of placements and as a training ground for employability skills (basics of
working such as, reporting to work on time, calling when emergencies occur, developing a good work ethic
and attitude, etc.). It was felt that the private sector could provide the variety as well as the basic skills
necessary to assist in the training of our youth. One need only look at the final reports that are submitted
annually after the summer program ends to see lhe variety of work environments and job assignments to
which the youth are exposed.
-The money designated for this program does not include dollars to supervise the youth while
they work because the private employers are providing all of the supervision. Further, the employers take
time to train the youlh in the responsibilities of the job to which they have been assigned.
-In 1998, seven (7) youth continued to work after the summer program was completed. In 1997,
fifteen (15) youth continued to work after the summer. Keep in mind that the vast majority of the 100+
youth working in the City's Summer Youth Employment Program return to school after the summer is
over.
-About ten percent of the employers commit to pay Career Options $1.00fhr for each hour that
their youth works. This adds dollars to the program and allows additional youth to work or helps to defray
the overall costs.
-This program received national recognition from the U.S. Department of Labor as a model
program.
The social aspects of the program involve giving youth a chance to work in occupations they would
otherwise not have the opportunity for the work experiences, and also give them a chance to make money
and help with their personal expenses such as buying their school clothes. Working in a photography
studio, veterinary clinic, and dinner cruise boat are examples of some of the rather unique placements.
.
~ 1) :1-
Clearwater City Commission
Agenda Cover Memorandum
Work scssion Item #:
Mccting Date:
3S
\.;<\.9(1
Final Agenda Ilem #
SUBJECT/RECOMMENDATION:
Approve the donation of $26,715.91 in 1998 PILOT Funds, paid to the City of Clearwater by the
Clearwater Housing Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIP).
lEI and that the appropriate officials be authorlzcd to cxecute same.
SUMMARY:
. Last year, Howard Groth, Chairperson of the CHA, presented a check in the amount of $23,737.44 to
the City of Clearwater for payment in lieu of taxes (PILOT). At the request of CHA, the funds were
donated by the City of Clearwater to CHIP to offset payment of impact and permit fees associated
, with the homeless shelter.
. This year CHA paid $26,715.91 in PILOT funds to the City of Clearwater. CHA requests that these
funds be donated by the City to offset operational costs for CHIP. CHA is one of the founding
members of CHIP and has been instrumental to the project from the very beginning. CHAts
partnership with the City of Clearwater on CHIP is extremely essential to the success of the project.
. The application of the $26,715.91 in CHA PILOT funds toward operational expenses for CHIP would
allow the City to utilize this money in a manner that would benefit both CHA and the City, as well as
the homeless shelter.
. A first quarter budget amendment will provide the appropriation of General Fund retained earnings,
representing the CHA revenues collected in the General Fund in FY 1997/98, to Special Program
project 181-99938, Homeless Shelter.
nla
nfa
Originating Dept:
Poll
Costs
Reviewed by:
Legal nla Info Srvc
Budget ~~ PubHc Works
Purchasing ~ DCMlACM
RIsk Mgmt nfa Other
-y
Total
$26,715.91
Current FY
$26/715.91
Funding Source:
Cl
OP
Other PILOT
nla
Attachments
Submitted by: (Y1 :r R. t;a;...
City Manager Cy
Printed on recycled paper
IBI None
A ro riiltion Code: 181-99938
Rev. 2/98
-
-
.
f-\) ~
Clearwater City Commission
Agenda Cover Memorandum
Work Session Item #:
Final Agenda Item #
Meeting Date;
3~
E..W
SUBJECT/RECOMMENDA TION:
Approve award of contract to Garber Chevrolet-GEO, Inc. (Central District) in the amount of $28,669 for
purchase of a Chevrolet Suburban vehicle utilizing funds available in the 1997/98 Local Law Enforcement
Block Grant awarded by the U.S. Department of Justice/Bureau of Justice Assistance
rBI and that the appropriate officials be authorized to execute same.
· SUMMARY:
· The Clearwater Police Department is in need of a vehicle which can be utilized by the
department's Emergency Response Team (ERT) and Special Weapons and Tactics Team
(SWAT). Both teams require the use of a vehicle that not only transports special equipment but
can also transport personnel.
· Department staff have reviewed the specifications of various vehicles and have determined that
the Chevrolet Suburban is the most suitable for ERT/SWAT functions. The Suburban is a 4-door
vehicle with ample room for passenger seeding and large pieces of equipment. The Chevrolet
Suburban is also capable of towing the department's ERT trailer, which holds additional
equipment used by the team. At the present time, the department has no large vehicle that can
handle all of the various functions that are performed by the ERT and SWAT teams.
· The Chevrolet Suburban would also be useful to the Special Operations Unit in the performance
of its duties that relate to special events in the City. The Suburban would truly be a Ilmulti-
functional" vehicle that would greatly improve the department's ability to deal with a variety of its
responsibilities.
. The contract-will be awarded to Garber Chevrolet~GEO. Inc (Central District) in the amount of
$281669.
. Cost of the vehicle will be charged to Special Project # 181-99398. The Suburban will be
customized with additional auxiliary law enforcement related equipment to accommodate the
department's special needs. The costs for the additional equipment will be paid for out of
Clearwater's 1998/99 LLEBG grant1 SpeCial Project # 181-99347.
Reviewed by:
Legal -& Info Srvc
Budget ~~ --rv Public Works
PurChasing ~ DCM/ACM
Risk Mgmt n/a Other
- ).
-E!!L
~
Originating Dept:
Pollee .
User Dep .
Pollee
Attachments
Costs
Total $28,669
Current FY $26,669
Funding Source:
CI
OP
Other Grant
..
nla
Submitted by: I1It -- R..
City Manager I r - J
13
1iI None
A ro rJatlon Code: 181~99398
a..I..'iI!IIoI'4 n.t\ .................. .......~.
D.u ""'QO
~R~
Clearwater City Commission
Agenda Cover Memorandum
Item #:
31
.
Meeting Dale:
1/21/99
SlJ BJECT/RECOMM EN DATION: Award contracts to Hootie and the Blowfish ($100,000) and
The Beach Boys ($55,000) for concert performances on March 26, 1999 & March 28, 1999; approve
an estimated budget of $311,440; and authorize expenditures not to exceed $311,440 from Vision
Funds,
00 and lhal the appropriate officials be aulhorized to execute same.
SUMMARY:
. The NCAA Final Four Men's BasketbaU Tournament will be held at the Troplcana Dome in St. Petersburg the last
week of March 1999. Communities througbout tbe County arc planning activities in conJuncUon with this event.
· Time Warner Communications and the CleanvaterlDunedin Jr. League desire to partner with the City to offer
concerts titled "Clcanvater Celebrates Sounds Under the Stars" in Coachman Park. Other activities under the
umbrella title of "Courtsfde Celebration" will be held throughout the City.
· Ticket Receipts, Sponsor Funds, Food & Beverage Sales and Exhibitor Fees will be returned to the City to cover the
City's cash expenses and in~kind services and reimburse Vision Funds allocated.
· The Jr. League will cover costs associated with Beer and Wine Sales, for the Bootie concert, and will retain proceeds
from these sales to fund the many community service programs they offer. In addlUon, the Jr. League will provide
volunteers to service the concerts.
. Time Warner Communications will provide cash contributions and all marketing efforts associated with the
concerts. Marketing through print, radio and TV is valued in excess of 5300,000.
. Promoting outdoor events exposes the City to an clement of risk, however, staff feels that budget projectious can be
met and sufficient revenues can be generated to cover all City costs and services. Net revenue will be split between
the City and the Jr. League, not to exceed the total amount of sponsorships generated b~' the Jr. League.
. These concerts along witb other activities planned within the City will provide opportunities for those visiting to
experience Cleanvater. Providing positive experiences for visitors enhances marketing efforts to promote our
community as a tourist and visitor destination and support the City's Vision.
. Estimated Financial Overviews are attached concerning each concert.
Revlewld ~:~D~r~ ....;;>~t.;~'t. Originating Department:
Budgltt i:,:.:::i:{,:~.GtWi({:: Parks & Recreallon
Purchasing ':':"<':':'::" ~~ '::,':.,,:,}/;:::.
Risk Mgmt. ~;.::'~::,:..;::;;,::,::<,:,.:::,,:,;: User Department:
IS {:+:;:'.~:.:,:'N/A~'~'::;r::/;i': Parks & Recreallon
Costs:
Commission Action:
$ 311 J 440 ;- 0 Approved
Tot.l! 0 ^pproved wIth Condfllons
FY 1998/99 0 DenIed
Current Fiscal Year 0 Conllnued to:
AC M ;;51:~~i:?~f\1tr;{)J~1:@Y
Funding Source:
o Capltallmprovement:
o Operating:
lEI Other:
Attachments: 1) Concert
estimated Financial Overviews
Other r~";,<!.:l~{~;tf,f{f::;i!'J Advertised: N/A
SubmlUad y:
,0 Not Required
; Affected Parties
o Notified
o Not Required
Appropriation Code
181-99960
o NOnll
Cltv Manoe ~r ---
o Printed on roavcled papor ! R .... /.tlv, A ~ /J
-'K /trrtJved Hoo1/e Let1-fra d 01-1/ IX-~C47 vvvr.1JZ1 ffvlet~t1..
~"":"""'~'M
>t:. _
:,' ~
Hcolie and The Blowfiah Conccrt ~ March 26, 1999 (Coachman Park) - .~timatcd Financial Ovcrview
Projected
Jr. League
Food & Beverage:
Soda Sales $2,000
Food Vendors $2,500
Exhibitors $2,000
Beer & Wine Or. League)
Band - Travel/Lodging/Food Beverage/Phones:
Airfare ' $ 6,000
Ground Travel $ 750
Lodging S 1,450
Food/Beverage S 900
Phoo~ S roo
Park Set-up:
POrlolet.s, Dumpster
Fencing
Trailer Rental
Barricading/Signs
Tenb/LightslTables/Chairs
Estimated City Revenue
Ticket Sal~:
Projeclr.d
12,000
Sponsors:
Proicctcd City Expcnsea
Programming:
Hootic -
Opening Act ~
Technical Operations:
Lighting & Cover
Sound Services
Stage Gear
Stage Build Out
Generators
Video Wall/Screen
Marketing:
Media Print
Media Brcadc,"t
Printed Materials
Insurance:
Event/Rain
Administration:
Tickcbnaster Camm. 396
Ticket Printing
Printing/Laminate
Sponsor Hospitality
Disposable Supplies
Volunteer shirts
Miscellaneous
City Staff:
Parks & Recreation
EMT
Police
!
I.
\-~'I', :
'rp~r~~.""~lll., \~... .....,...
Price
S16.00 (includes tax)
Gross Sales
S192,000
(-7% Sales Tax) =
Net Revenue
$178,560
$ 45,000
$40,000
S 5,000
$ 6,500
$100,000
$ 8,500
Total Revenue = $230,060
Expenses
$108,500
$ 8,500
$ 6,500 (based on doing both shows)
$ 2,100
$ 5,500
$ 1,700
$ 10,000
$ 34,300
$ 9,800
$ 8,420
$ 2,760
$ 350 (fence in place from previous actiVity)
$ 1,900
$ 1,060
$ 2,350
$ 500
$ Time Warner (7)
STime Warner
$ 500
$ 8,100
$ 8,100 (Event $3,000)7 (Rain $5,100)
S 12,185
$ 5,760
$ 675
$ 750
$ 1,000 (based on in-kind support)
$ 250
S 1,250
$ 2,500
$ 14,790
S 6,250
$ 540
$ 8,000
Total Expenses 5196,595
Revenue $230,060 - Expenses $196,595 = Net $ 33,465
, .
,
:\' "
Ie
Deach Boys Concert - March 28, 1999 (Coachman Park) - Estimated financial Overview
F..stimaJed City Revenue
'ticket Sales:
Band - Travel/Lodging/Food Beverage:
Airfare $ 5,000
Ground Travel $ 1,200
Lodging $ 3,100
Food/Beverage $ 2,000
Park Set-up:
P0l101ets, Dumpster
Fencing:
Trailer Rental
Barricading/Signs e
Tents/Ligh ts/Tables/ Chairs
1 '
,
Projected
10,000
Sponsors:
Time Warner
Projected
Food & Beverage:
Soda Sales
Food Vendors
Exhibitors
Beer & Wine
I
I
\-,
Proiected City Expenses
Programming:
Beach Boys -
Opening Act ~
Technical Operations:
Lighting & Cover
Sound Services
,Stage Gear
Stage Build Out
Generators
Marketing:
Media Print
Media Broadcast
Printed Materials
Insurance:
Event/Rain
Liquor Liability
Administration:
TicketntllSter Comm. 396
Ticket Printing
Printing/Laminate
Sponsor Hospitality
Disposable Supplies
Volunteer Shirts
Miscellaneous
City Staff:
Parks & Recreation
EMT
Police
(.
:1 ">'.~:< ~~..::~~~.rU{"""''''''-''
Price
$10.00 (includes tax)
Net Revenue
S 93,000
$ 20,000
Gross Sales
$100,000
(~7% Sales Tax) =
$10,000
$10,000
$2POO
$2,500
$2,000
$7,000
$ 13,500
Total Revenue = $ 126,500
Expenses
$ 58,000
$ 55,000
S 3,000
$ 14,600
$ 2,000
$ 6,500 (based on doing both shows)
$ 3,400
$ 1 ,000
$ 1 ,700
$ 11 ,300
$ 680
$ 680
$ 0
$ 0
$ 0
$ 0
$ 500
$ Time Warner (1)
$ Time Warner
$ 500
$ 9,100
$ 6,100 (Event $1,000)'1 (Rain $5,100)
$ 3,000
$ 7,750
$ 3,000
$ 675
$ 550
$ 1,000 (based on in-kind support)
$ 125 -
$ .900
$ 1,500
$ 12,915
$ 4,375
$ 540
$ 8,000
Total Expenses $114,845
Revenue $126,500 ~ Expenses $114,845 = Net $ 11,655
.. .... 'u ... ,,,~_,,,,,,,"'~I-"'.~ ....-.,
, .. . .... ., .,".' .,
o
509 Hartnell St.
Monterey, California 93940
Phone (831) 37S~889
Facsimile (831) 375.2623
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA
(HEREIN CALLED "FEDERATION")
T~2 FOR TRAVELING ENGAGEMENTS ONLY
MONTEREY PENINSULA ARTISTS
TALENT AGENCY
AGREEMENT NO. ooB129
ANY AND ALL RIDERS
ATTACHED HERETO ARE
MADE A PART HEREOF
CONTRACT NO. 38673 Agent: Dan Weiner
Whenever The Term ''The Local Unlon",s Used In this Contract, It Shall Mean The Lotal Union Of The FederatIon WIth Jurisdiction Over The Territory
,In Which The Engagement Coverocl By this Contract Is To Be Performed.
THIS CONTRACT for the personal servIces of musicians on the engagement described below Is made betwoen the undersIgned purchaser of music
Iheroln called "Purchaser") and the undorslgned moslclan or musicians made this date: / / '
12 .17 1998
DATES:
#SHOWS:
TIMES:
LOCAL #:
HEF, INC. r/s/a HOOTIE AND
Coachman Park
city or Clearwater
Clearwater, Florida
Fri. 03/26/99
1 (90 minute set)
8:30 p.m.
427~721
THE BLOWFISH
ARTIST:
VENUE :
# SEA TS
12,000
@
@
@
@
@
PRICE
$15.00 0::
$.00 =
$.00 ..
$.00 I:l
$180,000.00
$.00
$.00
$.00
---------....-...
MERCHANDISING DEAL:
o. oot TO ARTIST 'It
12,000 POTENTIAL:
TAXt: 0.0000 (/) TAX AMT:
NET:
PRICING NOTES: $15~MAX/Benefit for
$180,000.00
$.00
$180,000.00
Jr. League
COMPENSATION: $100,000.00 (one hundred thousand dollars) flat guarantee plus
RT flights and hotel rooms for entire touring party for evening of 3/26/99/
DEPOSIT: $50,000.00 due by 02/23/1999 by wire transfer to M.P.A. escrowacct.#0412-023574
at Wells Fargo Bank, Carmel, CA. A13A#1210D0248/R1UJlNCE to artist, prior to performance,
on evening or show in cash, money order, or cashier's check, made payable to:
HBF, Inc./
PRODUCTION: Purchaser to provide and pay for sound, lights and backline,
approved by artist/
ARTIST TO RECEIVE IN ALL MEDIA AND MARQUEES BILLING OF: lOOt Headline/
HOOTIE & THE BLOWFISH to close ShOl~/
ADDITIONAL PROVISIONS:
r-,.'arner Conununica tions to sponsor event/
*TBA/
No promotions or sponsorship without band's permission/
t. No performance on tho engagement shall be recorded, reproduced or transmUted from the place 01 performance, In any manner or by any means
whatsoever. In the absence or a specific written agreement wllh the F8dera~on TelaUng to and permlltlng such recordIng, reproduction Of
transmission.
2. Ills expressly understood by the Purchaser and the muslclan!sl who are parties to this contract thai neither the Federation nor the Lotal Union are
parties to thIs contract In any capacity except as expressly provided In 1 above and, therefore, that neIther the Federation nor the Local Union shall
be liable for the performance Of breach of any provision hereof.
3. A representative of the Local UnIon, or !he Federation, shall have access to the place of engagement covered by !hIs contract for purposes of
communlcatlng with tho muslclan(s) performing tho engagement and the Purchaser.
4. The agroemont of the musIcians to perform Is GubleCllo proven detention by sIckness, accldenlS, rlols, strikes, epIdemIcs, acts 01 God, or any other
legItimate conditions beyond theIr control.
IN WITNESS WHEREOF, the parties herelo have hereunto set theIr names and seals on tho day and year firsl above wrlUen.
C.!.ty or Clearwater by: Michael Roberto
100 S. MYrtle AVe.
Clearwater, FL 33756
Contact: Terry Schmidt 727-562~5804
HEF, Inc.
Rusty Harmon
P.O. BOX 5656
Columbia, BC 29250
80J~254-6977
x
x
Slgn.lU~ 01 SIgr\alCWY MuIlc:lI.rI
SlgnalLQoI ~IOI ~nt~
o
509 Hprtnell St.
Monterey. California 93940
Phone (831) 375.04889
Facsimile (831) 376.2623
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA
(HEREIN CALLED "FEDERATION")
T.2 FOR TRAVELING ENGAGEMENTS ONLY
MONTEREY PENINSULA ARTISTS
TALENT AGENCY
AGREEMENT NO. 008129
ANY AND ALL RIDERS
ATIACHED HERETO ARE
MADE A PART HEREOF
,-'
CONTRACT NO. 38673 Agent: Dan Weiner
Whenever The Term 'The Local Union" Is Used In this Contract, II Shall Mean Tho Local Union Of The FedoraUon With JurisdIction Over The Territory
'In Which The Engagement Covered By this Contract Is To Be Performed.
THIS CONTRACT for the porsonalservlces of musicians on the engagement described below Is made between the undersigned purchaser 01 musIc
(hureln called "Purchaser" and the undersigned musician or musicians made this date: / /
12 17 1998
VENUE :
REF, INC. flslo HOOTIE AND
Coachman Park
City of Clearwater
Clearwat:er, Florida
Fri. 03/26/99
~ (90 minute set)
8:30 p.m.
427-721
THE BLOWFISH
ARTIST:
DATES:
#SHOWS:
TIMES:
LOCAL #:
#SEATS @ PRICE
12,000 @ $15.00 a
@ $.00 ..
@ $.00 ..
@ $.00 ..
$180,000.00
$.00
$.00
$.00
MERCHANDISING DEAL:
O. DOt TO ARTIST *
12,000 POTENTIAL:
TAXt: 0.0000 (/) TAX AMT:
NET:
PRICING NOTES: $15~MAX/Benefit Eor
$180,000.00
$.00
$180,000.00
Jr. League
COMPENSATION: $100,000.00 (one hundred thousand dollars) flat guarantee plus
RT flights and hotel rooms for entire touring party for evening oE 3/25/99/
DEPOSIT: $50,000.00 due by 02/23/1999 by wire transfer to M.P.A. escrow acct.#0412~023574
at Wells Fargo Bank, Carmel, CA. ABA#121oo0248/BALANCE to artist, prior to performance,
on evening of show in cash, money order, or cashier'S check, made payable to:
HBF, Inc.1
PRODUCTION: Purchaser to provide and pay for sound, lights and backline,
approved by artist/
ARTIST TO RECEIVE IN ALL MEDIA AND MARQUEES BILLING OF: lOOt Headline/
HOOTIE & THE BLOWFISH to close show/
ADDITIONAL PROVISIONS:
Warner Communications to sponsor event/
*TBA/
No promotions or sponsorship without bandts permission/
1. No performance on ttlEt engagement shall be recorded, reproduced or transmitted from the place of performance,ln any manner or by any means
whalsoever. In the absenca of a specfflc written agreement wllh the FooeraUon re/aUng to and permitting such recording, reproduction or
transmission.
2. tt Is expressly understood by the Purchaser and the muslclan(s) who are parties to this contract that neIther the Federation nor the Local Union are
partIes to this contract In any capacity e~cept as expressly provided In 1 above and, therefore,lhat neither the Federatlon nor the Local Union shall
be liable for the performance or breach of any provisIon hereof.
3. A representative of ttlEt Local Union. or the Federation, shall have access to the place 01 engagement covered by thIs contract for purposes or
communicating with the muslclan(s) performIng the engagemenl and the purehaser.
4. The agreement 01 the musicIans to perform Is 8ub]eclto proven delenllon by sIckness. accldenls, rlols, strIkes, epIdemIcs. acls 01 God. or any oth er
legitimate condlUons beyond their control.
IN WITNESS WHEREOF. the parties herelo have hereunto sel their names and seals on the day and year first above written.
City of Clearwater by: Michael Roberto
100 S. ~rtle Ave.
Clearwater, FL 33756
Contact: Ter~ Schmidt 727-562-5804
HBF, Inc.
Rusty Harmon
P. O. BOX 5655
Columbia, SC 29250
803-254-6977
x
x
Slgnllure ot SIgnIIDty UlIIicIM
SJgtI&/ln 01 PIJfl:huIr 101' ~n1 lhIlWIll)
..,
. " 3/r;V/9
THIS RIDER IS HEREWITH ATrACHED TO A!:lR MADE A PART OF THE I
CONTRACT DATED THEi1::DA Y OF ( J- . 19:riBY AND BETWEEN HBF,
INC. II sl 0 trHOOTIE eRE B~SHIJ (~rER REFERRED TO
AS -ARTIST" AND ~ ~fbe'^'~ (flEREINAFTER
REFERRED TO AS -PURCFlASERIJ).
All terms and provisions herein after and herein before set forth arc part of one and the
same contract. ARTIST agrees to furnish and PURCHASER agrees to accept for the
engagement hereunder, an entertainment unit including the services of the ARTIST
upon all terms and conditions.
The attached tec:hn.ical and production requirements are the most important part of the
performance. We have taken several years and several changes to get this thing right.
Therefore, any unusual circumstances that will require changes to this rider must be
made no less than fourteen days prior to the petformance.
The towing personnel that will be handling the rider and all the shows affairs are:
RICKY WRIGHT
Merchandise
803/254 6977
JEFF SMITH
Tour Manager
212/7072027 (office)
803/254 6977 (office)
888/9617707 (pager)
BILLY HUELIN
Sound Engineer
803/254.6977
ROB MANLEY
Production Manager
803/254.6977 (office)
888/929.5625 (pager)
RUSlY HARMON
Manager
803/2546977 (office)
The physical address of our offices is as follows:
FISHCO MANAGEMENT
SOUTH CAROLINA
2519 Devine St.
Columbia, so 29205
803/254 6977 (P)
803/799 0422 (f)
NEW YORK
clo Atlantic Records
1290 Avenue of the Americas
27th Floor
New York, NY 10019
212/707 2027 (P)
212/405 5475 (1)
We will be happy to WGrk with you in any capacity necessary to solve any problems, but
please be advised that you have certain specific responsibilities in this contract rlder.
Thank you for your help in these matters, we look forward to a great show.
'," .'t" .."
(:...r.,' '.
I} Payment
Payment of deposit (50% of guarantee) must be made to Monterey Peninsula
Artists at least ~ (30) days prior to the event. If deposit is delinquent, it will
be deemed a breach of contract. Remainder of guarantee will be paid via
certified check made p~able to HBF Inc. prior to performance. Payment of
percentages shall be paid at settlement via caoh~ check or band wire the next
business morning. AIl payments must be paid in US funds. Personal checks
wID not be accepted.
Artist requests notice of any and all taxes that may be withheld from artist's
eamigns related to this particular event upon confirmation of the date. Upon
such notification, purchaser shall provide the name and address of the relevant
taxing authori~ to the accounting office at Fisheo Management.
2} Settlement
When Artist payment is calculated as a percentage of the gross after expenses, it
is understood-that purchaser will not receive directly or indirectly and rebates or
discounts of any kind from any other party related to this event unless it is
agreed to in writing at the signing of this contract. These rebates or discounts
include, but are not limited to discounts from advertisers and percentages of
ticket commissions. If it is found that a rebate lacking prior approval has been
or will be received, directly or indirectly, lOCPA:I of the rebate will be due to Artist.
At the time of settlement, Purchaser must provide a final box office statement,
signed by the box office manager and purchaser, stating the total number of
seats avaUable for sale and the number sold in each price cateSU.sy. In addition
to this, Purchaser must also provide at settlement the venue rental contract, all
original oonafide invoices as specified in the contract~ labor sign-in sheets, box
office receipts report with voided tlckets~ ticket stubs obtained from ticket stub
drop boxes, and any unsold tickets that might be remaining. All of these items
must be present in the manner specified in this contract to be considered
satisfactory. In the event that the box office reports are incomplete,
inconsistent, or do not state the true sales for whatever reason, it will be
assumed that each seat was sold at the highest price. All of the items presented
at settlement (box offices reports, ticket stubs~ etc.) must be held for a period of
at least 180 days. Within this time period Artist reserves the right to perform a
complete audit of all records.
3} Show Expenses
When contract specifies ARTIST will be due a percentage after expenses;
PURCHASER must present at settlement original signed invoices for expenses
that have been inc:urred for hat particular engagement. Anvexpenses not
included in or exceeding the amount specified in the initial offer on the expense
sheet oftbis contract will be deemed unacceptable by ARI'IST and will not be
considered a show. expense. In the event that there arc any expenses that were
not incurred, or were less than originally estimated, the new lower or actual cost
will be used to determine the correct split or break figure by ARTlST~
representative at settlement. No value added taxes, or any other taxes that are
reclaimable by the purchaser, Shall be included as show expenses in the
settlement.
-
A1llabor bUls must be itemized and include number ofworkerst hourly ratest
and number of hours worked. These invoices must also be accompanied by
sign-in sheets. Each worker must sign on their hourly wage and hours worked.
ARTIST will. not accept as a show cost expenses considered to be PURCHASER'S
overhead. These expenses include but are not limited to PURCHASER'S travel,
stage managert administrative costs, and PURCHASER'S representatives.
ARTIST will not accept gratuities or similar costs as show costs.
When payment to ARTIST is determined as a percentage after expenses only pre
approved NET advertising invoices will be allowed as a show expense. In the
case that the purchaser chooses to utillze the semces of an advertising agency,
said cost would not be considered a show cost and will be the sole responsibility
of the purchaser. Only signed and notariZed affidavits of spots will be accepted
at settlement. Tbese invoices m.ust reflect gross and net values. Spot schedule
confirmations will NEVER be accepted (or settlement purposes. All print
invoices must be accompanied by original tear sheets. Any advertish1g
expenses presented at settlement in any other fashion will not be accepted as a
show cost and shall be the Bold responsibility of the purchaser.
Any expenses lacking proper verification and prior written approval will not be
accepted at settlement and will be the sole responsibility of the purchaser.
Promoter shall make reasonable efforts to minimize expenses without sacrificing
the quality of services rendered.
PROMOTER INSURANCE
In ajustified expense show, ARTIST will not accept as a show expense.
insurance costs in excess of $.35 per head.
4) TICKETING AND BOX OFFICES PROCEDURES
TICKETS MAY NOT GO ON SALE PRIOR TO lO:15AM ON THE FIRST DAY OF
SALES. ONE BOX OFFICE MUST BE AVAILABLE FOR THE DURATION OF
SALES, INCLUDING THE DAY OF SHOW AT THE VENUE, WHERE THERE IS
NO CHARGE FOR SELLING THE TICKETS.
Artist must be approve of all ticket prices and the exact scaling of the venue
prior to placing the show on sale. No later than two weeks prior to tickets going
on sale purchaser must provide artist representative with the following items
pertaining specifically to the set-up for this event: box office report stating the
seating capacity and the total number of seats in each price category, seating
diagram, X map print-out from the ticket system, and front and back copy of an
actual ticket. Location of any and all camps, band holds, production holds,
killst etc., shall be determined in conjunction with artist and shall be
established no later than one week prior to the on-sale date. Once the final
holds are determined, ARTIST'S representative should receive a copy of the audit
the day before the on-sale. ARTIST should also receive an audit printed one
minute before the on-sale. All operators must be given access to the system at
the same time. No tickets shall be pulled or sold prior to the moment of the on~
sale (with the exception of the sample ticket to be copied for the ARTIST).
ARI'lST resexves the right to request at any time a "journalt:' listing aU of the
transaction for all operator codes (phones, outletst box office).
PROMO'l'ER MUsr SIGN THE RELEASE OF INFORMATION FORM, DIRECTING
TICKETMASTER OR ANY OTHER TICKETING AGENCY USED, TO PROVIDE
ARTIST REPRESENTATIVE WITH ANY AND ALL BOX OFFICE REPORTS FOR
THIS EVENT INCLUDING BUT NOT LIMITED TO THE REPORT REFERRED TO
AS A JOURNAL.
When CJ1ard" (pre-printed) tickets are used, it is the purchaser's responsibility to
insure that tickets are printed by a licensed, bonded, and insured ticket
supplier. A Signed and notarized tickt:t manifest stating the total number of
tickets printed shall also be presented at settlement. Tickets must be numbered
consecutively with each ticket baving the applicable number printed on each
end. All tickets shall bave a perforated stub that will be tom at the door as
ticket holders enter the building. AU tickets must be of a one price, one stub
variety. If it is found that tickets with more than one price on them are sold it
will be assumed that they were sold at the highest ticket price. Different colored
tickets for different price categories are proffered. Tickets that will be
unacceptable include, but are not limited to:
, (1) tickets WitJl one price for students and another price for general public on
the same ticket and
(2) tickets with one price for advance purchase and another price for day of
show purchase on the same ticket.
Purchaser shall not discount tickets or offer tickets as part of a series for any
reason without prior written approval of artist. In the event that tickets are
discounted without approval, each will be considered sold at the highest ticket
price. This includes, but is not limited to, season and promotional tickets.
Purchaser shall not make available tickets for any type of giveaway or similar
promotion without written approval from artist. This includes, but is Dot limited
to radio giveaways. If such approval is given, a statement from the applicable
advertiser (i.e. radio station) stating the value of the promotion as well as the
total number and value of the tickets received must be presented at settlement.
Any and all ticket seIVice charges/JI'acility charges must be approved by artist
and stated on the face of this contract. Any taxes applied to the gross will be
applied after deduction of any ticket seIVice charges/Facility charges.
Any special offers, related to this show, above parking and predetermined
service fees, offered to ticket buyers by promoter or venue that might increase
the price of a ticket or cost the ticket buyer in any way must be approved by
ARfIST or MPA. This includes but is not limited to an extra charge for rain
check privileges (for anotlier show) should it rain during the show.
PURCHASER may Dot sell tickets as part of a series without prior approval from
the ARTIST.
No standing room tickets shall be sold without prior written consent of artist.
Purchaser shall be responsible for i.nsuriIlg that no tickets are sold or supplied
in any way to ticket clubs or brokers. NO MORE THAN FOUR (4) TICKETS MAY
BE PURCHASED BY ANY INDIVIDUAL.
The capacity, number of tickets in each price range and potential gross for this
event ,shall be clearly printed on the face oftbis contract. In the event that the
actual capacity is highet' than stated in this contract, then artist will receive
lOOOAJ oftb.e difference in the potential gross stated in this contract and the
actual (higher) gross (it,will be assumed that the additional capacity was sold at
No discrimination for reason oroge, race, religion, or sex shall be allowed in
C0n11ect.ion with this event. This includes, but is not limited to, issues
pertaining to the sale of tickets, admission to the venue and seating of the
audience.
UNDER NO CIRCUMSTANCES WILL TICKETS WITHIN
THE FIRST TEN (!Q) ROWS BE HELD FOR ARTIST OR
ANYONE ELSE PERTAINING TO THIS EVENT. All of
these tickets must be sold to ticket buyers waiting in line
the day tickets go on sale and calling over the telephone
system.
ARTIST is aware of the importance and value of front row promotions. We will
consider any proposal from promoters relating to such promotions. In
evaluating the proposal ~ will consider the promotion itself as wen as the
number of seats in the front row. These proposals must be sent to ARTIST'S
office well in advance of the on sale date.
No tickets shall be sold behind or beside the stage or in any other area where
view of the performance might be obstructed without written approval of artist.
Should such approval be given all tickets sold with funited viewing must be
clearly marked <<obstructed view'" on the ticket. Box office ticket sellers must
also advise ticket buyers that they are purchasing a ticket with a limited view.
Artist will accept no loss due to purchaser's and/ or ticket seller's failure to
adhere to these guidelines.
Artist's representatives shall retain the right to enter the box office at ANY time
before, during and after the perlormance to make periodic extracts of box office
records pertaining to this event.
Purchaser shall provide turnstiles in proper working condition at each entrance
to the building. Anyone entering the venue must enter through these turnstiles.
Also at each entrance there should be an empty lockable ticket stub drop box.
Ticket takers must tear each ticket stub and immediately drop the stub not
retained by the ticket buyer in the drop~boxes provided. After the audience bas
been seated, the stubs shall be taken and bundled into groups of 100 and'
presented at settlement. Artist reserves the right to assign B. representative to
oversee turnstile counts and ticket stub counts. In the event that the turnstile
count or drop count is higher than the attendance stated on the closing box
office report, it will be assumed that the difference represents additional tickets
purchased at the highest price.
Purchaser sball be solely responsible for any and all counterfeit tickets. Artist
will be paid according to the number of attendees inside the venue. It is the
Purchaser's responsibility to ensure that all possible measures to prevent
counterfeits shan be taken.
the highest ticket price). This shall be the case even for events contracted as a .
fiat guarantee based on the contracted capacity. If the actual gross is lower
than stated in this contract, then artist wi.ll be paid according to the gross stated
in the contract.
In the case that we are working with hard tickets, or computer tickets that have
been pre-printed, all unsold tickets must be presented at settlement. Any hard
tickets not avanable wm be assumed sold at the highest price.
A box office receipts :report showing the number of tickets returned to the
system must be presented to ARl1ST representative no later than settlement.
Accm:npa.nyin& this report must be the actual voided tickets corresponding to the
total number ofticketsretumed to the system. The difference in the number of
physical voided tickets on hand and the number of tickets returned to the
system will be multiplied by the highest ticket price and added to the gross.
PURCHASER is solely responsible for ensurlng that all box office personnel are
aware of this and, if needed, arrangements are made to have voided tickets
delivered from the individual outlets.
BOOTIE AND THE BLOWFISH
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At the time of settlement purchaser must provide a final box office statement,
signed by the box office manager and purchaser, statmJt the total number of
seats available for sale and the number sold in each nricc catC20rv. In addition
to this purchaser must also provide at settlement the venue rental contract, all
original honafide invoices as specified in this contract, labor sign-in sheets, box
office receipts report with voided tickets, ticket stubs obtained from ticket stub
drop boxed, and any unsold tickets that might be rexnRin;ng. All of these items
must be present in the manner specified in this contract to be considered
satisfactory. In the event that the box office reports are incom~ete or
inconsistent. and do not stte the true sales for whatever reason. it will be
assumed that each seat was sold at the hicl1est price. All of the items preaented
at settlement {box office renorts. ticket stubs. etc.} must be held for a period of
at least 180 days. Within this time period ARTIST reseIVes the right to perform
a complete audit of all records.
5) BILLING
ARTIST shall receive one hundred percent (l000At) headline bi.11ing in any and all
advertising and publicity. Any deviation from this billing is acceptable only by
prior written consent from ARTIST. Billing, all advertising and publicity shall
read:
ARnST shall close show unless other arrangements are made with ARTIST'S
Tour Manager. ARTIST shall determine the length of the set and setup time.
ARTIST shall have control of choice and cueing of program music.
6) SUPPORT TALENT
ARTIST shall have the right to approve any other acts on the program. ARTIST
shall have the right to approve of their billing, set times and order of .
performance. ARTIST shall always perform its full set and PURCHASER shall be
responsible for any and all overtime charges as a result of the length of the
support act's set.
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Support acts shall receive sound check only after ARTIST has completed its
sound check to its satisfaction. Under no circumstances will the support act's
sound check be allowed to interfere with the opening of the bouse. Support
acts are not gunranteed a sound check.
7) NO PORTION OF THE PERFORMANCE RENDERED HEREUNDER MAY BE
BROADCAST, PHOTOGRAPHED, REooRDED, FILMED, TAPED OR
EMBODIED IN ANY WAY WHATSOEVER FOR ANY PURPOSE OF
REPRODUCING SUCH PERFORMANCE WlTOUT WRITTEN CONSENT OF
THE ARTIST. PURCHASER WILL DENY ENTRANCE TO ANY PERSONS
CARRYING TAPE OR RECORDING DEVICES. INCLUDING BUT ROT LIMITED
TO MEMBERS OF TllE AUDIENCE, PRESS AND PURCHASER'S STAFF
UNLESS THERE IS WRI'I'TltN CONSENT OF THE ARTIST.
8) PURCHASER agree a that this agreement is not assignable by PURCHASER
without prior written consent of ARTIST.
9) Not withstanding anything contained herein, inclement weather shall not be
deemed to be.aforce majeure occurrence. and the PURCHASER shall remain
liable for payment of the full contract price even if the performance is prevented
by such weather conditions. ARTIST shall have the right to determine in good
faith whether any such weather conditions shall render the performance
impoSS11,le, hazardous or unsafe.
10) FORCE MAJEURE
ARTI ST'S obligation to furnish the entertainment unit referred to herein is
subject to the detention or prevention by sickness, inability to perform, accident,
means of transportation, Act of God, riots, strikes, labor difficulties, epidemics
and any order or act of any public authority or any cause, .q1tnih:rr or dissitnflflr,
beyond ARTIST'S control.
Provided ARTIST is ready, willing and able to perform, PURCHASER agrees to
compensate the ARrlST in accordance to the terms of the contract hereof
regardless of Act of God, fire, accident, riot, strike or any event or events of any
kind or character whatsoever, whether Ri(lluar or dist::itTJilar to the foregoing
events which would prevent or interfere with the presentation of the show
herunder.
11) In the event that ARTIST is offered a film, television, video, or stage play
appearance, ARTIST has the right to cancel this performance thirt;y (30) days
prior to the engagement.
12) ARTISTIC AND STAGE CONTROL
ARrIST has absolute artistic control as to the production and staging of the
entire performance. ARTIST shall have first right of setup for all instruments
and properties used in the production. Unless prior arrangements are made
with ARl'IST'S Production or Tour Manager, NONE OF THE ARTIST'S
EQUIPMENT SHALL BE MOVED ONCE IT HAS BEEN SET UP.
13) PURCHASER'S REPRESENTATIVE
A representative of the PURCHASER, who is authorized to act on the
PURHCASER'S behalf, in his absence, must be present at the venue from the
time of stage call to the completion of load out.
14) SECURITY AND PASSES
Securltr staff shall be unarmed and dressed in a non~military style. T-shirts,
vests andjackets are acceptable. Absolutely no uniformed securi1y shall be
inside the venue. Outside the venue, uniformed security is preferred. All
securitr staff shall act in a professional courteous yet firm manner and to
refrain from any excessive use of force. .
For security requirements, see TECHNICAL RIDER sections 18 &. 19.
ARrIST and their personnel shall have on their possession an -all access tour
identification "laminate.
The promoter representative will provide passes for all sta1rinvolved in the show.
ARI'IST'S tour manager or production manager shall have absolute right of
approval for all passes requested by PURCHASER.
Note:
No guests shall be allowed on stage at any time without consent of ARI'IST'S
tour IT'lAnager. After receiving permission, guests will be personally escorted by
ARTISTS'S personnel to designated area. At any time, those guests may be
asked to leave the stage area.
PURCHASER or his representative shall arrange a brief meeting one-hour prior
to doors opening or at some other mutually agreed time. All personnel involved
in this meeting shall be briefed on ARrISTS~ pass list and any other concerns
of securi13' and safety of the ARTIST.
ARI'IST shall not be required to perform where physical violence or inJuty to the
artist, its employees or its equipment is likely to occur. PURCHASER shall
proln'bit all potential projectiles from entering the venue or from being sold or
distn'buted inside the venue. THIS SHALL BE STRICTLY ENFORCED.
15) ARTIST shan. not be required to perform appear before an audience which is
segregated on the basis of race, color or creed. Nor shall ARTIST be required to
perform or appear where physical violence or injury to the ARTIST or the
ARTIST'S personnel is likely to occur. If any of the foregoing conditions exist
and the ARTIST does not appear of perform as a result thereof, the same shall
not constitute a breach ofWs agreement by the ARTIST.
16) MERCHANDISING
Transportation of merchandise must be provided from the loading dock to the
merchandise check-in area. A small truck, van or maintenance cart wDJ. be
acceptable. The venue representative will be required to keep/pay the tax
amount for their respective show (s).
,\ . .
It is the essence of this rider and contract that PURCHASER shall deliver a
certificate of insurance to HSF INC. ATTN: RUS1Y HARMON, confirming that
BUch insurance is in fW1 force and effect at least thirt;y (30) ~ prior to date of
engagement. The fanure of HBF INC. to insist on delivexy or said certificate prior
to the. date of the performance shall not be the defense to any claim or cause of
action by HSF INC. against the PURCHASER in any action or in an action for
. impleador arising out of PURCHASER'S failure to deliver such certificate prior to
the show date.
22). DRESSING ROOM
See attached Technical Rider
23) CATERING REQUIREMENTS
See attached Technical Rider
23) TECHNICAL REQUIREMENTS
See attached Technical Rider
24) STAGE PLOT
See Attachment -A-
I. .
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ALL THE TERMS OF THIS CONTRACT ARE SPECIFICALLY ACCEPI'ED BY
PURCHASER UNLESS THEY ARE WAIVED BY ARTIST, AND ANY SUCH WAivER
SHALL BE EFFECTIVE ONLY IF INITIALED BY BOTH PURCHASER AND ARTIST.
ACCEPTED AND AGREED TO:
PURCHASER
"8F. INC.
BY
BY
DATE
DATE
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HOOTIE & THE BLOWFISH
TECHNICAL RIDER 1998
,1) HOUSE LIGHTS
The Tour Manager shall have exclusive control over the cueing of the house
lights throughout the entire show.
2) STAGE, PA WING AND BARRICADE
(a) Stage - Purchaser will provide a sturdy and smooth finished stage. The size
of the stage should be (481 wide X (321 deep and (5' to (6' high. The stage
must be positioned so we have (6? clearance from wall to each corner of
stage.
(b) PA Wing - Purchaser will provide sturdy and smooth finished PA Wings.
The size should be (8? wide X (12' deep and (12-) to (18-) lower than stage
and recesSed (41 from downstage edge. Both these wings need to have a toe
rall on all exposed sides.
(e) Barricade - Purchaser will provide a strong and sturdy free-standing
barricade for the stage area. The Purchaser must provide bicycle barricade
for the mbrer areas. Uprights 'With rope or wooden trestle type will not do for
this show.
3) LIGHTING & SOUND RISER SIZE AND LOCATION
The Purchaser will provide the following:
(9) Sowtd Riser - (16~ wide X (12? deep X (12' high. The position wm be house
center, approximateJ;y (901 from the down stage edge.
(b) Lighting Riser - (16' wide X (8' deep X (18"J high. The Lighting Riser will be
located directly behind the Sound Riser.
4) POWER REQUIREMENTS
(8) SOUND - One (1) service of 400 amps per phase, 3 phase with neutral and
gro\Uld
(b) LIGHTS - One (1) separate service of 800 amps per phase, 3 phase with
neutral and ground.
...~~~_,_~, ..~., ~~_~~,.I",~I..II,'rI-~V-
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5) GENERAL CATERING REQUIREMENTS
This rider is meant as a guideline for all meals, any selections or specialties
known to the Promoter will be appreciated. The numbers below retlect on the
needs for HoaI'lE AND THE BLOWFISH touring personnel.
The following drinks are to be iced and replenished throughout the day and
available untn the end of load~out:
,
Coca..cola Classic
Diet Coke
. Dr. Pepper
Mt. Dew
Sprite
Bottled Water (non-carbonated) ie: Evian
Hot Tea (Assorted)
Hot Coffee with milk and sugar
. LUNCH and DINNER
For 23 people. Specific menu to be discussed by Production Manager and
Promoter's Rep. .
"'Please note: Please prepare vegetarian meals for (5) people
-Please see Rider Addendum from Monterey Peninsula Artists for meal
preferences.
To include:
Salad with a selection of dre8Sings
A choice of at least two hot entrees and one vegetarian meal.
Two vegetables and potatoes
Dessert
Load out fOOd - to be determined each day by the Tour Manager
(please bave menus avanable for pizza, chicken, dell sandwiches, chinese,
mexican)
6) DRESSING ROOM
Please provide the following items in the dressing roOm at an advanced time
designated by the tour manager.
A. Food
Fresh Fmit (whole)
Pretzels, 8W1. Chips, Plain Potato Chips, Tortilla Chips
. Deli Tray - Turkey, HamJ Veggie, Roast Beef
Assorted Breads (white/wheat/whole grain)
Condiments on the side
Cheese Platter
Honey, Sugar, Lemon Wedges
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B. Drinks (replenished aU day as needed)
Three (3) Fifth's of Jim Beam.
, One (1) Fifth Jagenneister
One (1) large bottle Crown Royal
Assorted Snapple - lee Tea, juices
Three (3) cases Budweiser bottles
One (1) 'ease Sierra Nevada Pale Ale bottles
Two (2) six: packs Kaliber or Buckler Non~A1cohoUc Beer (NO SHARPS OR
O'DOULS) ,
One (1) case large Evianwater bottles
Two (2) cases small Evi.an water bottles
One (1) % gallon orange juice (no pulp)
One (I) Y.. gallon o:rangejuice (with pulp)
One (I) case each oreoe, Diet Coke, Mt. Dew, Dr. Pepper, Ginger Ale
Coffee Pot, also able to make hot water
Assorted Fresh Ground coffee (NO INSTAN'I1 and Teas
SOLO plastic .PUpa, mugs and hot cups
Clean lee
Assorted incense and burner
Matches
Visine or Clear Eyes
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7) STAGE DRINKS
AU coolers must be ready and in place by show time
A. Band Stage Right Cooler
One (I) fifth of Jim Beam
She (6} Coke
Six (6) Diet Coke
Twelve (12) small Evian water bottles
Ten (10) Budweiser bottles
Six (6) Sierra Nevada Pale Ale bottles
Four (4) Kaliber or Bucker bottles
SOW cups
"
8) DRESSING ROOMS AND OFFICES
. PURCHASER shall provide the following dressing room and office requirements:
These rooms should be of a large size with either air conditioning or heatingl
whichever may apply. They are for the exclusive use of HOOTIE AND THE
BLOWFISH personnel. These rooms must be lockable with a set of keys made
available to the tour manger or production manager from the time of their arrival
at the venue.
MAIN DRESSING ROOM - One (1) large room cont~intng:
One (1) telephone
Six (6) folding chairs
Three (3) 8. banquet tables with tablecloths
Two (2) sofas
One (1) loveseat
One (1) armchair
One (I) coffee table
Two (2) end tables
Three (3) lamps
Carpeting
HOOTIE AND THE BLOWFISH PRODUCTION OFFICE
Three (3) phone lines
One (1) fax line
One (I) internet line '
Two (2)8'banquettab1es
Eight (8J chairs
9) TOWELS
PURCHASER will provide 40 pre-washed towels for the show
10) HOUSE OPENING
The PURCHASER shall not open the house until instrocted to do so by the
HOOf IE AND THE BLOWFISH Production Manager.
11) PROGRAM MUSIC
HOOTIE AND THE BLOWFISH shall provide and have aU artistic control over the
choice and cueing of the pi-ogram music.
12) SOUND CHECK
(8) Purchaser shall insure that any support act{s) shall receive a sound check
only after HOOTIE & THE BLOWFISH has completed their equipment set-up
and sound checked to their satisfaction. The 60und check of support act(s)
shall not delay the opening ofilie house. Tbe hall shall be closed to anyone
not directly connected with the mounting of production, from stage call
through the opening of the house.
III
PURCHASER will provide 40 pre~washed towels for the show
8~ DRESSING ROOMS AND OFFICES
PURCHASER shall provide the following dressing room and office requirements:
These rooms should be of a large size with either air conditioning or heating,
whichever may apply. They ere for the exclusive use of HOOT IE AND THE
BLOWFISH personnel. 'These rooms must be lockable with a set of keys made
available to the tour manger or production manager from the time of their arrival
at the venue.
MAIN DRESSING ROOM - One (1) large room containing:
One (1) telephone
Six (6) folding chairs
Three (3) 8~ banquet tables with tablecloths
Two (2) sofas
One (1) loveseat
One (1) armchair
One (11 coffee table
Two (2) end tables
Tbree(3)1amps
Carpeting
HOOTIE AND THE BLOWFISH PRODUCTION OFFICE
Three (3) phone lines
One (1) fax line
One (1) internet line
Two (2) 8' banquet tabks
Eight (8) chairs
9) TOWELS
10) HOUSE OPENING
The PURCHASER shall not open the house until instructed to do so by the
HOOTIE AND THE BLOWFISH Production Manager.
11) PROGRAM MUSIC
HOOTIE AND THE BLOWFISH shall provide and have all artistic control over the
choice and cueing of the program music.
12) SOUND CHECK
(a) Purchaser shall insure that any support act{s) shall receive a sound check
only after HOOTIE & THE BLOWFISH has completed their equipment set~up
and sound checked to their satisfaction. The 60und check of support act(s)
shall not delay the opening of the house. The hall shall be closed to anyone
not directly connected with the mounting of production, from stage call
through the opening of the house.
'IT
-,
(b) HOOTIE AND THE BLOWFISH shall have first right of equiptnent 'set-up for
all instruments and properties used in the engagement. Under no
circumstances shall any of HOOTJE AND THE BLOWFISH's equipment be
mover after it has been set up without the express permission and under the
direction of BOOTIE AND THE BLOWFISH.
(c) Purchaser shall allow at least fifteen (15) minutes prior to each performance
for a line and equipment check.
(d) For the period of time while HOOTIE AND THE BLOWFISH's rigging is being
set up and during HOOTlE AND THE BLOWFISH's sound check and until
the end ofload-out, the use of trash blowers or other noise producing
equipment or machinexy will not be permitted.
13) BREACH
In the event that the Purchaser shall bave the right (without limiting any of the
other legal remedies herelUlder) to refrain from rendering of a peIformance,
Purchaser shall be Hable to HOOTIE AND THE BLOWFISH for all of the fees and
compensation hereunder in the same manner as if HOOnE AND THE
BLOWFISH had fully performed. A breach of any clause contained herein shall
be deemed a material breach. IfHOOTIE AND THE BWWFISH elect to perform
or to continue to perform notwithstanding a breach of this agreement by the
Pwchaser) the performance shall not constitute a waiver of any claim HOOTIE
AND THE BLOWFISH may have for damages or any other recourse which might
be open to HOOTIE AND THE BLOWFISH.
14) MEDICAL REQUIREMENTS
Purchaser will provide phone numbers for the following: Ear, Nose and Throat
Specialist, General Practitioner, Chiropractor and Massage Therapist.
Purchaser will provide one (1) oxygen tank with mask and regulator to be
delivered to Production Office one (1) hour before performance.
15) ANNOUNCEMENTS
Any general announcements shall be made prior to the opening act. All on stage
announcements need to be approved and coordinated with HOOTIE AND THE
BLOWF1SH Tour Manager.
16) BROADCASTS
The Purchaser shall not distribute or broadcast or authorize the distribution or
broadcast of any advertiseinents for HOOTIE AND THE BLOWFISH perlormance
unless the same shall have been approved in advance by HOarIE AND THE
BLOWFISH.
17) HOOTIE AND THE BLOWFISH - LOGO
The Purchaser acknowJedgesthat the HOOTIE AND THE BLOWFISH logo is a
valuable trademark of HOOT IE AND THE BLOWFISH, and shall take all steps
necessary to protect said trademark and HOOTIE AND THE BLOWFISH rights
therein pursuant to the laws of the applicable jwisdiction.
I. .
TECHNICAL
1) PRODUCfION
a. Any questions regarding Production must be directed to Jeff Smith (Tour
Manager) Rob Manley (Production Manager) or Billy HueUn (Sound Engineer)
at FisheD Management.
b. The following set:tions concern the various requirements for the safe and
effective presentation of the ARTIST'S performance hereunder and the
PURCHASER agrees to adhere to these requirements and provide the
neceSS3.ly equipment thereto at his sole coat and expense for the ARTIST'S
sole and exclusive use. Further to these requirements, PURCHASER agrees
to provide at this sole cost and expense those requirements specifically
called for by the sound and lighting companies contracted to provide their
services hereunder. This shall apply whether the ARTIST is carrying these
services or whether thy have been contracted separately by PURCHASER.
These requirements shall include but not be limited to scaffolding, PA wings,
rigging, construction, electrical power needs, stPgehands, etc. Further, the
attached stage chart is hereby made an integral part of this contract rider.
PURCHASER shall agree to conform to the specifications of stage chart.
POWER: The AC or power for the stage shall be transformer isolated with
breakouts to six (6) twenty (20) amp 120v legs with Edison (American)
connectors, and six (6) 25ft. 4-way outlet boxes.
PURCHASER agt'ees to a mandato:ty sound check to be completed prior to
the opening of venue doors and admission of ticket holders.
2. STAGING: The stage shall be a. minimum size oftbirty~two (32) feet deep by
forty eight (48) feet wide with eight (8) feet by twelve (12) feet sound wings on
each side of the stage. NOTE: If the engagement is outdoors, the stage and
house mix position must be covered and protected from inclement weather.
3. RISER: ARTIST requires three (3) rolling risers of one (1) 8x8'x2' and two (2)
8~8'xl' risers. All risers should be carpeted and draped with black.
4. SOUND/PA: Professional sound system adequate to cover entire venue. PA
needs to be a full range system, capable of 120db at house mix positioa System
shall include:
Mixing console: At least a ~8 channel professional mixing console with eight (8)
subm.asters and six auxiliary sends will be required.. Console should also
include apha.se reverse and phantom power (48v) capability.
Preferred consoles: MIDAS XL-4 OR XL-3 or YAMAHA PM4000
NOTE: ARTIST'S engineer shall have priority on FOR mix position
. :. . I ,,:... ,.} ~ ,.. \
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1i1i~1III_
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Outboard FOH effects rack should include the following:
1) Two (2)~1/3 octave graphic equalizers (Klark, BSS)
2) Eight (B)-frequency dependable adjustable noise gates (Apbex, Drawmer)
3) Ten (lO)-compressors/limiters consisting of the following
Six (6) ~ DBX 160xt or 165a
FoW' (4) - Aphex, Drawmer
4) One (1)- digital delay (TC electronics 2290 or Roland SDE - 3000)
5) Two (2) - reverb units (Yamaha SPX-990, Lexicon 3BOL)
6) One (1) DAT player
7} One (1) CD player
5) Stage Monitors
1) Sixteen (16) 2 - way active floor monitors (12" or 15" with 2" horn)
2) Two (2) 2 or 3 way active drum monitors (sub cabinet 12- with 2" ham)
3) Two (2) 2 or 3 way active stereo side fills (sub cabinet 12" with :r born)
"UUU"'U..*~NON MONO SIDE FlLLS-Hri*u,*H-Mr
4) Thirty-one (31) band graphic equalizer for each mix
5) Adequate power to supply 115db on stage with no distortion
6) At least a tbirty~two (32) channel on stage monitor console split from the
main PA and capable of at least ten (10) separate mixes for the front and
dm.m monitors plus the ability for two additional mixes for artists' in ear
monitor system.
7) Four (4) adjustable noise gates (aphex, aSS)
Four (4) compressors/limiters (dbx 166, BSS)
Monitor mix position sbould be located stage left prefcrabliY
8) Artist carries an in ear monitor system which operates between the
following frequency ranges
1. RF##523.350/524.550
2. RFH529.350/530.550
3. RF#601.350/602.550
At no time during artist's sound check or performance shall there be any
equipment operating within the specified frequency ranges listed above.
Furthermore, Purchaser is required to notify Artist in advance of any
equipment (ie: radio stations, etc.) operating within this range.
NOTE: POWER DISTRIBUTION FOR BAND GEAR SPLIT OFF FROM THE PA MUST BE
PROVIDED. NOTE PA DROPS ON A'ITACHED STAGE PLOT.
6) Lighting
The lighting company is to provide a lighting console/desk meeting the following
requirements:
a. Two (2) scene with cross-fade capabilities
b. Add and solo functions
c. Sixty (60) channels
d. 1\venty (20) sub masters with minimum ten (10) pages
e. LP 2000, Avolites, Ce1co or equal console
f. One (1) forty (40) foot front lighting truss with a minimum of sixty (60)
1000 watt par 64 fixtures and one forty (40) foot rear lighting tTuss with
a minimum of Bixty (60) 1000 watt par 64 fixtures.
g. A high quality communication system. Headsets with transmitters (such
as Clear Com or RTS) with three or more positions for communication
between main mixing console, the monitor console, and all lighting
stations.
NOTE: Ughting company or club must provide an experienced lighting director
NOTE: Tbe rear truss is required to have a full black drape or psyche.
" .
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, .. ' ~ .": .'.
7) Sound company will advise ARTIST and his production manager :in writing of the
specifications on all components and the electronics or the system no later than
fourteen (14 days prior to the contracted performance date. The sound company
must also furni8b. at that time the name and telephone of the sound company
crew chief working the engagement. If there is to be an opening act, or a co-bill,
an additional mixing console must be provided for the other act or worked out in
advance with the production manager. He must be informed in advance of the
show datell .
NOflCE: FAILURE TO PROVIDE THE REQUIRED TECHNICAL EQUIPMENT MAY
RESULT IN CONCELLATION OF PERFORMANCE WITHOUT JEOPARDY TO ARTIST'S
COMPENSATION.
Under 110 CJ.rcum..ta.nCe8 wW the promoter 01' venue or anyone aaaoclated with the
promoter or "VeDDe olJow any Cll1t.1ty commercial 01' othenrlao to associate U:s name
with HOOTIE AND THE BLOWFISH in any Dl8.lUler. ThIs PZOOh.lbltiolllncludes, but
p not Umltccl to, busmeuea ghing away tickets to the show at their locations 1l.Dd
or radio or television statton remotes giving away at other business' locations.
ALL THE TERMS OF THIS TECHNICAL RIDER ARE SPECIFICALLY ACCEPI'ED BY
PURCHASER UNLESS THEY ARE WAIVED BY ARTI~'T, AND ANY SUCH WAIVER
SHALL BE EFFECTIVE ONLY IF INITIALED BY BOTH PURCHASER AND ARTIST.
ACCEPfED AND AGREED TO:
HBF. INC.
BY
DATE
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ANY QUeSTIONS? CALL t 03) Z54-6S177
Tour ManQger. JeffSmI1h G# 1.8B8-;&1.no7
Englnetlr. Billy Huull" ~ 1-888-104-<4751
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4R1-
Clearwater City CommIssion
. Agenda Cover Memorandum
Worksess/on /fern #:
Meeting Date:
3R'
J'~I.q9
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Approve recommendations, agreement and release of funds in the amount of $50,000 for Clearwater
Marjne Aquarium improvements.
[EJ and that the appropriate officials be authorized to execute same.
SUMMARY:
An allocation of $50,000 was approved by the Commission in the FY 1998/99 budget for physical improvements to
the Clearwater Marine Aquarium. TIle aquarium hosts more than 1 OO~OOO visitors annually and serves as a major
tourist attraction for Clearwater. Eco/Cultural/Heritage tourism continues to grow in popularity with 50% of the
visitors nationally including a nature-based experience in their vacations. Eco~tourism is moving from a niche to a
mainstream tourism product. The following improvements will enhance the aquarium's physical appearance keeping
pace with visitor expectations and reflecting positively on Clearwater as a vacation destination.
Item
Estimated Cost
Anticipated Completion
Renovation of Mo's tank
$10,000
12/31/98
Expansion of 2nd floor viewing deck with
educational and aesthetic improvements in
viewing area; indoor/outdoor mangrove exhibit
$20,000
4/30/99
Sunset Sam tank improvements
$10,000
7/21/99
Window replacement of west and south
walls on 2nd floor
$10,000
3/31/99
Total $50,000
Funds will be released for payment upon receipt of invoice from the Clearwater Marine Aquarium.
x
X
Originating Dept:
Tourism
User Dept.
X
Costs
$50000
Re\llewed by:
legal ~
Budget #r-:z:;J
: Purchasing X
; Risk Mgml X
Info Srvc
Public Works
DCMlACM
a/her
Total
Current FY
Funding Source:
CI
or
Other
x
Attachments
; Submitted by:
: City Manager
Printed on recycled paper
f'\ :if< J
o None
A ro riatlon Code:31S.94771-58200o-519.000
Rev. 2/98
".\.."., ., .
.....' '<
AGREEMENT
THIS AGREEMENT is entered into this of ,
1998. by and between the City of Clearwater, a Florida municipal corporation, at
112 South Osceola Avenue. Clearwater. hereinafter referred to as the uCity", and
the Clearwater Marine Science Center, Inc., a Florida non~profit corporation. at
249 Windward Passage, Clearwater, hereinafter referred to as the uProvider".
WITNESSETH
WHEREAS, Provider operates the Clearwater Marine Science Center.
which needs certain improvements; and
WHEREAS,. the City desires to engage the Provider to make certain
improvements to the Clearwater Marine Science Center.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to operate the Clearwater Marine Science Center,
which will provide educational opportunities for the public and is located at 249
Windward Passage, Clearwater, Florida, in accordance with the projected
accomplishments attached and made a fully binding part of this Agreement, and
attached as Exhibit A.
2. Term of Agreement
. This project shall become operational as of the date of this Agreement
and shall continue through September 30, 1999.
3. Termination
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by
written notice of the other party of such intent to terminate at least thirty (30)
days prior to the effective date of such termination.
B. This Agreement may be terminated in whole or in part. for
convenience. when both parties agree upon the termination conditions. A written
notification shall be required and shall include the following: reason for the
termination, the effective date, and in the case of a partial termination. the actual
portion to be terminated. However,. if, in the case of a partial termination. the
. ~ .~:.,:~ ~:"Li~':~~~~'. ~ .
I"
City determines that the remaining portion of the Agreement will not accomplish
the purposes of such Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and
may suspend or terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this
Agreement, or any federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or
incomplete in any material respect.
c. Implementation of this Agreement, for any reason, is
rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by
the City, inclUding substantiating documents when
required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste,
as determined by the City.
D. Upon termination of the Agreement. the Provider shall repay any
amounts not spent back to the City.
4. Amendments
Any alterations, variations, modifications or waivers of this Agreement
shall only be valid when they have been reduced to writing and duly signed by
both parties. Any changes which do not substantially change the scope of the
project and/or the Project Implementation Schedule or increase the total amount
payable under this Agreement, shall be valid only when reduced to writing and
signed by the City Manager and the Provider.
. The City shall not reimburse the Provider for outlays in excess of the
funded amount of the Agreement unless and until the City officially, in writing,
approves such expenditure by executing a written modification to the original
Agreement.
--
5. Method of Payment
It is expressly understood and agreed that the total compensation to be
paid hereunder for actual expenditures incurred shall be reserved In the amount
of Fifty Thousand Dollars ($50.000.00) for those improvements described in
Exhibit i'A".
A. The Provider shall submit requests for payment for actual
expenditures, including applicable back~up documentation upon completion of
each item in Exhibit uA".
. B. The City agrees to pay the Provider for expenditures incurred
un~er this Agreement on an as needed basis in accordance with the Budget and
Project rmplementation Schedule attached hereto and made a part hereof as
Exhibit "Alt.
6. Conflict of Interest
The Provider shall disclose, in writing, to the City any possible conflicting
interest or apparent impropriety. This disclosure shall occur immediately upon
knowledge of such possible conflict. The City will then render an opinion which
shall be binding on both parties.
7. Indemnification and Insurance
The Provider shall indemnify and hold harmless tho City from any and all
claims I liability, losses and causes of action which may arise out of the
Agreement. The Provider shan pay all claims and losses of any nature
whatsoever in connection therewith and shall defend or pay to defend all suits
brought against the City, when requested, and shall pay all costs and judgments
which may issue thereon.
Automobile and vehicle coverage shall be required when the use of
automobiles and other vehicles are involved in any way in the performance of the
Agreement. The Provider shall submit to the City an ORIGINAL Certificate of
Insurance in an amount approved by the City's Risk Management Office.
Further, in the event evidence of the required insurance is not forwarded
to the Risk Management Office within thirty (30) days after the execution of this
'Agreement this Agreement may be terminated at the City's option and any
payments then due may be permanently withheld by the City and the City will
have no further obligation under this Agreement.
I
I
I
, , '
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'17_
"f
8. Additional Conditions
. It is expressly understood and agreed that in the event of curtailment of
funds by City. that the financial sources necessary to continue to pay the
Provider compensation will not be available and that this Agreement will thereby
terminate 'effective as of the time that is determined that said funds are no longer
available.
In the event of such determination, the Provider agrees that it will not look to, nor
seek, to hold liable, the City of any individual member of the City Commission
thereof personally for the performance of this Agreement and all of the parties
hereto shall be released from further liability each to the other under the terms of
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above
indicated.
CITY OF CLEARWATER, FLORIDA
\
CLEARWATER MARINE SCIENCE
CENTER, INC.
By:
By:
Michael J. Roberto
City Manager
President
Rita Garvey
Mayor-Commissioner
Date
Attest:
Cynthia E. Goudeau
City Clerk
Secretary
Approved as to form:
Date
John Carassas
Assistant City Attorney
. .
. . .
CLEARWATER MARINE AQUARIUM
CITY OF CLEARWATER FUNDING PROGRAM
Project Schedule I
. October 1, 1998 through September 30, 1999
I.,'
ITEM
ESTIMATED
COST
ANTICIPATED
COMPLETION
Renovation of Mo's tank $10,000 12/31/98
. Concrete cutting & removal
.. New electrical & lighting
. New plumbing filtration system
. Expand public viewing area
. Naturaiize habitat
Expand 2nd floor viewing deck with educational and $20,000 4/30/99
aesthetic improvements in viewing area; indoor/outdoor
mangrove exhibit . .
. Remove & replace public decking with flush mount
deck and new tile
. New railing
. Concrete cutting & removal of small display tank
. Install new public viewing area over coral reef
. Expand mangrove beach
. Install new lighting & paint
. Install new south doorway to future outdoor mangrove
Sunset Sam tank Improvements $10,000 7/31/99
. Remove concrete crosswalk
. Make structural repairs
. Repair leak around skylight
. Naturalize habitat
Window replacement of west and south walls on 211d Ooor $10,000 3/31/99
. Remove old windows and replace with vinyl tech
. Concrete cutting
. Repair leaks around windows
,.
TOTAL
$50,000
"Exhibit An
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pw5
Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item II:
~39
01-21 ~99
Final Agenda Item /I
Meeting Date:
SUBJECT/RECOMMENDATION: Approve a contract, in three counterparts, to purchase a portion at
property described as Parcel 11 In O. R. Book 9956, Page 1415, Plnellas County Public Records, tor
rlght~of-way purposes from George W. Stone, trustee, Sun Trust Bank Nature Coast, trustee, and
Sally Jo Forester for $9,023, plus estimated closing expenses of $675, for a total cost not to
exceed $9,698;
l!I and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City plans to Improve Madison Avenue between Cleveland and Gould Streets as a three lane
urban roadway.
· The project requires an additional 1,289 square foot strip of right-at-way along the west side of
Madison Avenue from property under lease to Stone Buick.
· The three ownership entities have mutually agreed to sell the parcel to the City at its tax
assessed value of $ 7.00 per square toot.
· An environmental site assessment performed by Dames & Moore on August 7, 1998 reported
that' historical review and current property uses in the area provided no environmental concerns.
The report concluded no further investigations are recommended.
· Acquiring this parcel compleTes all at the City's road right-of-way commitments related to the
IMR development agreement.
· Total City closing costs for the transaction are estimated not to exceed $675.
· The available balance in 315-94765 (IMR Development) Is sufficient to provide funding tor this
purchase.
Reviewed by:
Legal ~
Budget .ed-
Purchasing .l'!tL
Risk Mgmt NA
Info Srvc
Public Works
DCM/ACM
Chief of Staff
A/
,/'
for Right-of-Way available for review in Clerk Department
OrigInating Dopt: Costs
Public Works
User Dept.
Total
$9.698
Purchase Agreements
~.
A ttachm ents
Location Hap'
Current FY
$9,698
Funding Sourco:
CI
OP
x
Submitted by: (Yl - I?
City Manager -1 ')
Printed on r"cvcled popor (Stono BUick RfW Cont. Agn, llwb01991
Other
A ro rlotfon Code: 315.94765.560100.552-000
Rev. 3/98
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PURCHASE AGREEMENT FOR RR~T~OF-WAY'
~I ~~ PROJECT : MN)ISON AVENUE
George W"L~~e, ~
THIS AGREEMENT is made between J;;;;;;O;...:r:;~e,. a?'Trustee FBO Jody Forester
U/T/A dated December 29, 1976, owner and holder as tenant in common of an
undi vided 25% interest in subject real property; and as Trustee FED Max
Forester U/T/A dated December 29, 1976, owner and holder as tenant in common
of an undivided 25% interest in subject real property, (herein, collectively,
"Seller"), c/o Charles F. Barber, Esquire, 1550 South Highland Avenue, Suite
B, Clearwater, Fl. 33756, and the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation, 112 South Osceola Avenue, Clearwater, Fl. 33756 herein
("Buyer" or ItCity").
WITNESSETH
For and in consideration of the mutual covenants and conditions herein
. contained, Seller hereby agrees to sell and Buyer agrees to buy the following
property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
Real estate or interest therein, identif:.ed as legally described and
depicted in EXHIBIT "A", Pages 1 and 2 '..;~.i=h are attached hereto and
made a part hereof.
INTEREST BEING ACQUIRED: [Xl Fee simple
Personal property to be conveyed: None
[ 1 Easement
II. CONSIDERATION
Amount to be paid by Buyer to Seller in cash at closing. . . .$9,923.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood and agreed that this Agreement is
executed by the Seller subject to f:~~l approval and acceptance by
the Clearwater City Commission, which shall occur within forty-five
45, days of receipt of this documer.: by Earl Barrett, Real Estate
Services Manager in the Clearwater ~ublic Works Department,
together with counterpart agreements from all other parties having
fee interest in the property descrited herein. Date of acceptance
and execution by duly authorized of:icers of the city shall be the
Effective Date of this agreement, and execution shall serve to
ratify and confirm the purchase price and all terms and conditions
as are contained herein. If this agreement is not timely accepted
and executed by the City, Seller may, at Seller option, withdraw
from this agreement by providing written notice of such intent to
the office of the City Attorney, whereupon this agreement shall
thereafter be null and void in all respects.
(b) No actual or estimated ad valorem taxes shall be prorated to
the City or collected from Seller at time of closing this
transaction. The city shall pay state documentary stamps to record
deed given in this transaction.
oIl!I.
i 1 , : '1 .
I . . .
'"
I
,
I
I Page 2 -
II
(e)
Madison Avenue (stone Buick parcel)
The Buyer shall designate a closing agent located in Pinellas
County, Florida, and this transaction shall be closed in the
offices of the designated closing agent. Seller shall deliver
unencumbered title to the City at closing; however, the city shall;
at City's sole cost and expense, have the obligation to obtain any
releases of encumbrances as the City may require, together with
tit~e insurance and certified parcel survey.
(d) The City agrees to restore to the present or equal condition any of
Seller's remainder property up to but not more than five feet (S')
abutting the parcel being conveyed that may be disturbed or
impacted during construction of contemplated right-af-way
improvements. Such restoration shall be accomplished at City
expense and shall be completed not later than project completion.
IV. CLOSING DATE - POSSESSION
This transaction shall be closed and the Seller shall convey title by
Special Warranty Deed within sixty (60) days of the Effective date of
this agreement.
v. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached
hereto as addenda, and initialed by the parties, shall control
all printed provisions in conflict therewith.
VI. COUNTERPARTS; FACSIMILE COpy
This agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall
constitute one instrument. A facsimile copy of this agreement,
including any addenda, attachments and any written modifications hereof,
and any initials or signature thereon shall te deemed an original.
VII. IN WITNESS WHEREOhl the Seller has c~used these presents to be
executed this ~ day of 71~1t(1ML- ' 19r:!t-.
'---
("
ITNESS S1gnature
?f&r II/; f) fhrlffL&ck
~
1'1 T ~n ure
I,~ . ~ ~ie~
~t wit ~e
sealed and delivered
presence of.
SELJ;.ER: ~
~~St_F~
George w. Stone, Trustee
.", '.~ ~t . L '!~ <.; ._~'fo-"""'''''''
".. l '.:. -. ~,' ~; T" .
"J', '",
, .... ..
," . . )
Page 3 - Madison Avenue (stone Buick parcel)
VI. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER, FLORIDA, EFFECTIVE DATE.
IN WITNESS WHEREOF, the City of Clearwater, Florida has caused these
presents to be approved and accepted by its City Commission, and executed in
its name by its officers thereunto duly authorized this day of
, 1999. -
Countersigned:
BUYER:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
By:
Michael J. Roberto, City Manager
"Approved as to form
and correctness:
Attest:
John Carassas
As.sistant City Attorney
Cynthia E. Goudeau, City Clerk
Stone Buick ROW Contr.1198Bewb
-.
,0"'\
PURCHASE AGREEMENT FOR RIGHT-OF-WAY
PROJECT : MADISON AVENUE
THIS AGREEMENT is made between Sun Trust Bank Nature Coast as successor
Trustee of the Marital Trust as established by Article VI of the Last Will
and Testament of Ira Ao Desper dated March 9, 1989, being owner and holder as
a tenant in common of an undivided 15% interest of subj ect real property
(herein, IISeller"), c/o Charles F. Barber, Esquire, 1550 South Highland
Avenue, Suite B, Clearwater, Fl. 33756, and the CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation, 112 South Osceola Avenue, Clearwater, Fl.
33756 herein ("Buyer" or "Cityll).
WITNESSETH
For and in consideration of the mutual covenants and conditions herein
contained, Seller hereby agrees to sell and Buyer agrees to buy the following
property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
Real estate or aforementioned interest therein, identified as legally
described and depicted in EXHIBIT \\A", Pages 1 and 2. which are attached
hereto and made a part hereof.
INTEREST BEING ACQUIRED: [Xl Fee simple
Personal property to be conveyed: None
[ ] Easement
II. CONSIDERATION
Amount to be paid by Buyer to Seller in cash at closing. . . .$9,023.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood and agreed that this Agreement is
executed by the Seller subject to final approval and acceptance by
the Clearwater City Commission, which shall occur within forty-five
45) days of receipt of this document by Earl Barrett, Real Estate
Services Manager in the Clearwater Public Works Department,
together with counterpart agreements from all other parties having
fee interest in the property described herein. Date of acceptance
and execution by duly authorized officers of the City shall be the
Effective Date of this agreement, and execution shall serve to
ratify and confirm the purchase price and all terms and conditions
as are contained herein. If this agreement is not timely accepted
and executed by the City, Seller may, at Seller option, withdraw
from this agreement by providing written notice of such intent to
the office of the City Attorney, whereupon this agreement shall
thereafter be null and void in all respects.
(b) No actual or estimated ad valorem taxes shall be prorated to
the City or collected from Seller at time of closing this
transaction. The city shall pay state documentary stamps to record
deed given in this transaction.
,.
\ .
.r'
,.
Page 2 -
( c)
Madison Avenue (stone Buick parcel)
The Buyer shall designate a closing agent located in Pinellas
County, Florida, and this transaction shall .be closed in the
offices of the designated closing agent. Seller shall deliver
unencumbered title to the City at closing; however, the City shall,
at City's sole cost and expense, have the obligation to obtain any
releases of encumbrances as the City may require, together with
title insurance and certified parcel survey.
Cd)
The City agrees to restore to the present or equal condition any of
Seller's remainder property up to but not more than five feet (5')
abutting the parcel being conveyed that may be disturbed or
impacted during construction of contemplated right-of-way
improvements. Such restoration shall be accomplished at City
expense and shall be completed not later than project completi.on.
IV. CLOSING DATE - POSSESSION
This transaction shall be Closed and the Seller shall convey title by
Special Warranty Deed within sixty (GO) days of the Effective date of
this agreement.
V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached
hereto as addenda, and initialed by the parties, shall control
all printed provisions in conflict therewith.
VI . COUNTERPARTS; FACSIMILE COpy
This agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall
constitute one instrument. A facsimile copy of this agreement,
including any addenda, attachments and any written modifications hereof,
and any initials or signature thereon shall be deemed.an original.
VII. IN WITNESS WHEREOF, the Seller has caused these presents to be
executed this ~ day of NotJcl"\bE-R. , 199 q .
Signed, sealed and delivered
in the presence of:
~fl.
E S i ature
SELLER: Sun Trust Bank Nature Coast,
Trustee
BY:~~ 'l..)j-~
Print name MAR, e. 6-,Lrf'loltE...
Title ,Vic.g PRSS;OPNI t:.{ *ileuSI' oFFi~
Cr.~ II. ~
Pr1 Witn same
K()~ .I. ~
WITNESS Signature
)C.A!l€,u L~ CASPcf2...
Print Witness name
-A.
I
. '" 'r. r< . "., ,"
,".
", '.
.>
Page 3 - Madison Avenue (Stone Buick parcel)
VI. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER, FLORIDA, EFFECTIVE DATE.
IN WITNESS WHEREOF I the City of Clearwater, Florida has caused these
presents to be approved and accepted by its city Commission, and executed in
its name by its officers thereunto duly authorized this day of
., 1999. -
Countersigned:
BUYER:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
By:
Michael J. Roberto, city Manager
Approved as to form
and correctness:
Attest:
Cynthia E. Goudeau, City Clerk
John Carassas
Assistant City Attorney
Stone Buick ROW Contr.119BCewb
." I
.'
". ."
."
PURCHASE AGREEMENT FOR RIGHT-OF-WAY
PROJECT : MADISON AVENUE
THIS AGREEMENT is made between Sally Jo Forester, a married woman, owner and
holder as tenant in conunon of an undivided 3b% interest of subject real
property(herein "Seller"), c/o. Charles F. Barber, Esquire, 1550 South
Highland Avenue, suite B, Clearwater, Fl. 33756, and the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation, 112 South Osceola Avenue,
Clearwater, Fl. 33756 herein ("Buyer" or "City").
WITNESSETH
For and in consideration of the mutual covenants and conditions herein
contained, Seller hereby agrees to sell and Buyer agrees to buy the following
property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
Real estate or interest therein, identi fied as legally described and
depicted in EXHIBIT "A", Pages l' and 2 which are attached hereto and
made a part hereof.
INTEREST BEING ACQUIRED~ [X) Fee simple
r ] Easement
Personal property to be conveyed: None
II. CONSIDERATION
Amount to be paid by Buyer to Seller in cash at closing. . . .$9,023.00
III. CONDITIONS AND LIMITATIONS
{a) It is mutually understood and agreed that this Agreement is
executed by the Seller subject to final approval and acceptance by
the Clearwater City Commission, which shall occur within forty-five
45) days of receipt of this document by Earl Barrett, Real Estate
Services Manager in the Clearwater Public Works Department,
together with counterpart agreements from all other parties having
fee interest in the property described herein. Da:e of acceptance
and execution by duly authorized officers of the City shall be the
Effective Date of this agreement, and execution shall serve to
ratify and confirm the purchase price and all terms and conditions
as are contained herein. If this agreement is not timely accepted
and executed by the city, Seller may, at Seller option, withdraw
from this agreement by providing written notice of such intent to
the office of the City Attorney, whereupon this agreement shall
thereafter be null and void in all respects.
(b) No actual or estimated ad valorem taxes shall be prorated to
the City or collected from Seller at time of closing this
transaction. The City shall pay state documentary stamps to record
deed given in this transaction.
-
Lll
-~
--
- -
-
~
.'
. .
Page 2 -Madison Avenue (Stone Buick parcel)
(c) The Buyer shall designate a closing agent located in Pinellas
County, Florida, and this transaction shall be closed in the
offices of the designated closing agent. Seller shall deliver
unencumbered title to the City at closing; however, the City shall,
at City's sole cost and expense, have the obligation to obtain any
releases of encumbrances as the City may require, together with
title insurance and certified parcel survey.
(d) The City agrees to restore to the present or equal condition any of
Seller's remainder property up to but not more than five feet (5')
abutting the parcel being conveyed that may be disturbed or
impacted during construction of contemplated right-ot-way
improvements. Such restoration shall be accomplished at city
expense and shall be completed not later than project completion.
IV. CLOSING DATE - POSSESSION
This transaction shall be closed and the Seller shall convey title by
Special Warranty Deed within sixty (60) days of the Effective date of
this agreement.
v. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions inserted herein or attached
hereto as addenda, and initialed by the parties, shall control
all printed provisions in conflict therewith.
VI. COUNTERPARTS; FACSIMILE COpy
This agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall
constitute one instrument. A facsimile copy of this agreement,
including any addenda, attachments and any written modifications hereof,
and any initials or signature thereon shall be deemed an original.
VII. IN WITNESS WHEREOF, the Seller has caused these presents to be
executed this day of , 199
Signed, sealed and delivered
in the presence of:
~1~
JQ~OJ{t S, Gm 10'1
pri t W' ness name
~ ~ ~<44-<-'~CL
ITNESS S na u e
S \, \ <" l ~t;;r 'cO) e ~;'" I ., "-
Print Witne name
SELLER:
.~
~:-'':o..
~--_._~ -
Sally Jo ForesC'_ ~
. :.', > .",. I ~. ~ \: .
::....,.. ,"
I"
I
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.,' I. .t :..,
'.
I
P~ge 3 - Madison Avenue (Stone Buick parcel)
VI. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER, FLORIDA, EFFECTIVE DATE.
I
I.'
IN WITNESS WHEREOF, 'the City of Clearwater, Florida has caused these
presents to be approved and ,accepted by its City Co~~ission, and executed in
its name by its officers thereunto duly authorized this ____ day of
, 1999.
Countersigned:'
BUYER:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Approved as to form'
and correctness:
Attest:
C~~thia E. Goudeau, city Clerk
John Carassas
Assistant City Attorney
Ston~ BUick ROW Contr.119BAewb
nus IS HOl A SURVEY
EXHIBIT IIAu . Pane 1 of 2
Tti(RE MAY DE ADDITIONAL RESTRICTIONS "HECTING THIS PROPERTY THAT
MAY BE FOUND IN THE PUBLIC RECOROS 0' TitS COU~TV.
n~s LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT
OF A "TLE POLICY.
BEARINGS ARE BASED UPON, SEE SKETCH "NO lEGAL DESCRIPTION
lEGAL DESCRIPTION: .. , . --.
A PARCEL OF LAND BEING A PORTION ~ THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS
BOOK 9956. PAGE 1415 OF THE PUBLIC RECORDS OF' PINELLAS COUNTY. F'LORIDA, LYING WITHIN THE 't(ST 1/2 Of
THE NORTHEAST 1/4 a: THE NORTt-MEST 1/4 OF SECTION I'. TOWNSHIP 29 SOUTH. RANGE l~ EAST. CITY Of
CL~ATER. PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CCJNENCE AT THE SOUTH'NEST CORNER r:IF THE NORTHEAST 1/4 OF THE NORTK'NEST 1/4 Of SECT ION 15. TQWNSH I P
29 SOUTH. RANGE 15 EAST. CITY OF' CLEARWATER, PINELLAS COUNTY. FLORIDA; THENCE S 89-12'05' E. ALONG
THE SOUTH BOUNDARY LINE Of SA 10 NORTHEAST 1/4 Of THE NORTHWEST 1/4 Of SECT ION 15 (BE I NG THE BAS I S Of
BEARINGS FOR THIS DESCRIPTION), fOR 665.46 FEET TO THE SOUTHEAST CORNER Of 'THE WEST 1/2 Of" SAID
NORTHEAST 1/4 OF THE NORT~ST II" OF SECTION I!I. S~ ALSO BEING THE SOUTHEAST BOUNDARY CORNER Of
THAT CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 99'6. PAGt 1415 Of' TI-E PUBLIC
RECORDS OF PINrLLAS COUNTY. F'LORIDA. SME ALSO BEING THE SOUTHEAST BOUNDARY CORNER Of' THAT CERTAIN
PROPERTY AS DESCRI&D IN OFFICiAl RECORDS BOOK 3219, PAGE 346 ~ THE PUBLIC R(COADS OF PINELLAS
COU'tTY. FLORIDA; THENCE LEAVING SAID SOUTH BOUNDARY LINE Of THE NORTHEAST 1/4 ~ THE NORTHWEST 1/4
OF SECT ION 15, N 00-00.08. W. AlONG THE EAST BOUNDARY LINE Of' SA lOWEST 1/2 OF THE NORTHEAST 1/4 Of'
THE NORTHWEST 1/" OF SECTION I'. SM€ ALSO BE I NG THE EAST BOUNDARY LINE OF SA 10 ctRTA I N PROPERTY AS
DESCRIBED IN OfFICIAL RECORDS BOOK ~219. PAGE 3~6. SAME ALSO BEING THE EAST BOUNDARY LINE OF SAID
CERTAIN PROPERTY-DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 99'6. PAGE 141'. FOR '2.68 FEET TO
THE ~THERN MOST BOUNDARY CORNER Of SAID CERTAIN PROPERTY AS DESCRIBED IN OfFICIAL RECORDS BOOK
3219. PAGE 346. SM.:: ALSO BEIHG THE POINT OF' BEGINNING: THENCE CONTINUE N 00-00'08" W, ALONG SAID
EAST BOUNDARY L I hE Of THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTI ON . 5, SME
ALSO BEING SAID EAST BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEl. II IN OFFICIAL
RECORDS BOOK 9956. PAGE 1415. FOR 111.84 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID CERTAIN
PROPERTY DESCRIBED AS PARCEL II IN OfFICIAL RECORDS BOOK 9956. PAGE 1415, SME AlSO BEING THE
S~AST BOUNDARY CORNER OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915. PAGE 103 OF THE
PU8L I C RECORDS OF PI NELLAS COUNTY, FLOR lOA: THENCE LEAV I NG SA I D EAST BOUNDARY L I HE (E THE WEST 1/2
OF THE NORTHEAST 1/4 OF Tl€ NORTlflr'EST 1/4 Of' SECTION I~, N 89-12'05- W. ALONG THE NORTH BOUNDARY
LINE OF SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS BOOK 9956. PAGE 141~. SME
ALSO BEING THE SOUTH BOUHDARY LINE Of SAID CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 915. PAGE 103.
FOR ".70 FEET TO THE SOUTHW'EST BOUNDARY CORNER OF SAID CERTAIN PROPERTY AS O€SCRI8ED IN DEED BOQI(
91:5. PAGE 103: THENCE LEAVING SAID NORTH BOUNDARY L It-.E Of SA 10 CERTAIN PROPERTY DESCRIBED AS PARCEl.
II I N OFF I C I AL RECOO:DS BOOK 99~6. PAGE 1415. S 03" 08"6. ... FOR 164.64 FEET TO THE NORTHEAST
BQl..Jt.OARY CORNER OF LOT I. REVISED MAP Of' R.H. PADG(TT'S SUBDIVISION. AS RECOAOED IN PLAT BOOK 4.
PA~ 32 Of THE PWllC RECORDS r:F PINELLAS COUNTY. FLORIDA. SAAE ALSO SEING THE POINT (E INTERSECTION
wITH THE SOUTH BOUNDARY LINE or SAID CERTAIN PROPERTY DESCRIBED AS PARCEL II IN OFFICIAL RECORDS
BCX>K 9956. PAGE 1~15. SAME ALSO BEING AFORESAID SOUTH BOUNDARY LINE OF THE NORtHEAST I/~ OF THE
NORTHWEST 1/4 OF SECTION I': THENCE S 89-12'0'. E. ALONG SAID SOUTH BOUNDARY LINE Of THE NORTHEAST
1/" OF THE NORTtMST 1/" OF SECTION 15, SME: ALSO BEING SAID SOUTH BOUNDARY LINE OF SAID CERTAIN
PROPERTY DESCRIBED AS PARCEL II IN OFFICIAl. RECORDS BOOK 99~G. PAGE 1415. FOR 5.05 FEET TO THE
SOUTI-M'EST BOUNDARY CORNER OF' AFORESAID CERTAIN PROPERTY AS DESCRIBED IN OFFICIAl. REOORDS BOOK 3219.
PAGE 346: THENCE LEAVING SAID SOUTH BOUNDARY liNE OF' THE NORTHtAST I/~ OF 'THE NORTHWEST 1/4 or
SECTION IS. N 09-2"45- E. ALONG THE WEST BOUNDARY LINE Of SAID C(RTAIN PROPERTY AS DESCRIBED IN
Of"FICIAL RECORDS BOOK 3219. PAGE 346. fOR 53.27 FEET TO THE POINT OF' BEGINNING l..'iO CONTAINING I,Z89
SQUARE FEEl OR 0.0296 ACRE S. M')RE OR LE S5 . CLOSURE: 0.00 Ie'
nus L!CAL. AHD Sl(tTOi WAS PRtPA.A E D 'Mi" nit IIOiU1T ~ A R10iT - OF' - \lilt. Y AJlO '/OPCQU.Pttc SlJR'wtY PRCP ARt]) BY f'l.CR:IA otSlCH CONS\/\. T ANTS. lHC..
mUD "'\u.DlSQN A~MJE/COU\.1) SlRO:1'". ,,()6 No. 1'7..(12. ~ OAT( C;S' nElD WUl 7/21/1098 AJtD DAlE $lCNED 8/27/1098.
PR[.PAR!D fCR
SK[1 DC.iCRf"~.
9CAU:
N/A
.JC8 He.:
197-02
THE CITY OF CLEARWATER, FLORIDA
LEGAL DESCRIPTION
DA'It: DIU 1IlH;
9/02/1998 CS
s(CTlCrt
t.lUfD:,~J
C$ lQ'-
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29 5
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15
15 E
FLORDA DESIGN CONSI.A.. T ANTS, we..
ENGINEERS, ENVlRONIAENT ALISTS
SURVEYORS a PLANNERS
263' Ut(on,d D,lve
CI'Gl.,ltt. fl.,... U7lS9
(727) 724.6422
Certlneate of Authorb:aUon: 18 6707
Stote of noOda
I henb)' Clrllf)' Ihot Ihl, legal description and ....Ieh
mut, Ih, mInimum '.c:hnlcal tlondord, 01 .11 forth
by Ih, Florldo Boor4 af Praru.lol\ol Lond Surv,)'orl
In Chopt., 61G17-6 Florida Adminlslratlv. Cod.,
pursuant 10 S.c:lion 04 72,027, Florida S talul..
NOT VALlO JiITHOUT THE SIGNATURE
AND THE ORIGIN RI.ISEO SEAL OF A FLORIOA
CENSE URV AHD MAPPER.
AS DESCRIPT N AND SKETCH
ROBERT C. WRIGHT. JR.
PROFES~ONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 49b5 ST 4.TE OF FLORIDA
I'! 6 T!=' C::1r.~C'''. 0:' 'I..ifU
.
~. ....' . .'
..
lHlS 'S t<<U A S\JR~ EXHIBIT "Au - Pa~e 2 of 2
TH(Pt MA'f Bt AODITIONAL RESTRICTIONS AHECTING THtS PROPERTY THAT
11.<<"" BE rOUIjD IN THE 'UBLIC RECORDS Of THIS COUNTY.
lK'S lEGAL ~EStRIP'IO" AND SM.ETCH WAS PREPARED WITHOU1 THE BENEFIT
Of" A TITLE POl.ICY.
BEARINGS ARE BASED uPON, SEE SKETCH AND LEGAL Of SCRIPTION
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S 8NDY UNE Of lH NE 1/4
OF ThE NW 1/4 Of' SEcnON 15-295-1&
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MY' - BoundCW)'
COlI - Com..
POC - ~t of C<rnm~4ftt
POI · Pc*lt of e.ghntll;l
fI - $q,ln Feet
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CLEARWATER HEIGHlS
PLAT BOOK H4. PACE 99
1H.S \LeAL ~D S/l.tlCH ..IS PRtPAAtD 'tint M 9OlE1\T '$ II R\t;HT-C1'-1t,,'f m;) lOPOCSlIlJ'lHlt ~'o'["t KlD'AJl(I) IY F'lOfUOA CCilCH COH$U\.lA,NTS. INC..
'DTUD .....-DISOH A\{NUE/COUlD STREIr, .lOll No. '117-02. LAST DATE ~ nno WORI( 7/21/\0'118 IJ4J DATE ~ED a/]7/l"&.
PREP AIlD) ,OR:
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THE CITY OF CLEARWATER. FLORIDA
SKETCH
GAlt: ORA. J,
9/02/1998 LCS J'
5(cnoH;
I h.rlb)' c:trtlfJ tho I this I.gal ducrlpllon and .k.lch
mut. Ihl minimum Ilchnlcol .tondord. a. ut forlh
by the f10rWa 800rd of Prof.uloMI Land Surv.yors
In Chopl.r 6IGI?6 Florida Admlnl.trotlvl COdl,
punuOttI 10 Seellon "72.027, Florida S'olu'"
NOT VALl) WITHOUT THE SIGNATURE
AND THE ORI~A RAISEO SEAL OF A FLORIDA
LICEk URVEY R AND MAPPER.
eER D 0 GAL ESCRIPTION AND SKETCH
CAlctn: ul
LCS ~
1O~
29 S
RCW
IW<<X:
15 E
197-02
15
FLORIJA DESIGN CONSULTANTS, NO.
ENGINEERS. ENVIRONMENTALISTS
SURVEYORS a PLANNERS
263' YcCo,,,.;c' Orin
(lto,.,.I.r, rio' I" 3sn'
'727' 724.8422
CertIncato of Au thorlzotTon: 19 6707
C. WRIGHT, JR.
PROFESSIONAL SURVEYOR AND MAPPER
I 1r.F"N~j:" NtlURt"D 1 e ,U'H"C ~~.~.. ..... ... ...-,. .
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item 1/:
Final Agenda Item /I
30
Meeting Date:
01/21/99
SUBJECT/RECOMMENDATION: Award the 1998/99 Sidewalk Contract (98-006S-EN) to PURVIS
CURBS CORPORATION of LARGO, FLORIDA for the sum of $474,006.71 which is the lowest
responsible bid received in accordance with the plans and specifications,
[g) and that the appropriate officials be authorized to execute same.
SUMMARY:
. This contract will provide for sidewalk restoration in conjunction with the City's on-going program
performed by Public Services. This contract will cover areas larger than Public Service crews can
presently accommodate in a timely fashion due to current workload.
. This contract will provide for th13 repair of broken and uneven sidewalks to improve public safety and
reduce the City's accident liability exposure It will also bring various ramps within the City into
compliance with current Federal ADA standards. Also, some new sidewalks will be placed in various
locations throughout the City.
,
. This project will start on or about February 8, 1999, and is scheduled to be completed within 180
calendar days.
. Funding is as follows
Sidewalk (Public Works) 315-92338-563500-541-000 $462,756.71
Sidewalk (Marine) 315-93487-563700-575-000 $ 11.250.00
TOTAL $474,006.71
. The available balances in the Sidewalk Capital Improvement Project (315-92338) and (315-93487)
are sufficient to fund this contract.
Reviewed by: Originating Dept: Costs $474,006.71
Legal ~ Info Srvc NIA Public Works Adminl'ttr~tlon Total
Budget ~ Public Works ~ User Dept. ~ y Funding Sourca:
Purchasing DCM/ACM Public Works Admen ~ratlon Current FY X Cl X
Risk Mgmt N/A Other Attachmonts U OP
f List of Locations Othe
r
Submitted by: C None
City Manager Appropriation Code:
~:s~.'b 315-92338-563700-541-000
315-93487.563700-575.000
() led on r<<lc clod II er Rev. 219B 1998.99 SldowlItk Conlrllct
Prln Y P P
..
.Jan-OB-99 11:03A
P.02
1f(J
1998/99 SIDEWALK LOCAtlQNl
SIDE OF ATLAS
~TReET NAME F]3..0M TO STREET PAGE
Ashton Abbey Road Uttlo Nock Drive Dun&ton Cove South 252B
Bayshor. Blvd San Mateo Street City LImit Weat 2838
Bellealr Road Greenwood Avenue Missouri Avenue North 314A
Bermudl Street Douglas Avenue Betty Lane Both 2519
Brampton Road Ashton Abbey Road Great Brlkhlll Road East 2S2B
Clearwater Pass Fishing Piers Adjacent To Seawall 28eiA
Cleveland Street Highland Avenue Belcher Road Both 288A
Oawn Drive Seton Drive East Seton Drive West Both 253A
Enterprise Road U.S. 19 McMullen Booth Road Both 233A
Francis Drive Dawn Drive Seton Drive Both 253A
Garden Avenue Drew Street Myrtle Avenue Both 2778
Graham Drive N,E. Coachman Marilyn Strael West 2809
Great Brikhlll Road uttle Neck Drive Dunston Cove North 2529
Harding Street Herculel Avenue Kerry Drive South 2809
Howard Street Greenwood Avonue Mlssourt Avenue North 314A
Kenwood Avenue Grove Str..t Drew Street West 2818
Kerry Drive N.E. Coachman Marilyn street West 2808
Lady Mary Drive Cleveland Street Pierce Slrellt Both 2878
Madison Avenue Bell.alr Road Woodlawn Avenue east 314A
Marilyn Street N.E. Coachman McKinley Street SOuth 280B
McKinley Street Marilyn street Hercules Avenue South 2808
Michigan Avenue Bellealr Road Woodlawn Street Welt 314A
Monica DrivB Dawn Drive Selon Drive Both 263A
M~rtle Avenue Tuskawllla Street Grand Cenual Street Ea,t 306A
Myrtle Avenue Woodlawn Avenue Bellealr Road WMt 3138
Myrtle Avenue Cleveland Street Mohawk Street Both 2868
Northslde Drive Country.lde Blvd U.S. 19 Both 188B
Northwood Estates Ramps Countryllde Blvd FrilC:o Drlvl 222A.B
Patricia Avenue N.E. Coachman Marilyn Street West 2809
Prospect Avenue Turner Street Druid Road Bath 296A
Seton Drive Dawn Drive 110' To The East South 253A
Tioga Avenue Belleair Road Vernon Stleet East 31~A
Turner Streel Greenwood Avenue Pros.pect Avenue Both 296A
Veman Avenue Tioga Awnue Washington Awnue North 314A
WaShington Avenue Belleair Road Woodlawn Avenue East 31,cA
"\""
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Clearwaler City Commission
Agenda Cover Memorandum
Work session Item /I;
'-1/
,
FlIlal AuencJn Item 1/
Meeting D<lte:
01/21/99
SUBJECT/RECOMMENDATION: Award a contract for .Jeffords Strect Lift Stntion #7 (Drninngc; Grnvity
Scwcr; Force Mnin nnd Wntcr Main Improvemcnts (98-0046-UT) to STEVE'S EXCA VA TING & PAVING,
INC. of DUNEDIN, FLORIDA for the sum of$737,OOO.OO which is the lowest responsible bid received in accordance
with the plans and specifications,
lEI and that the appropriate officials be authorized to execute same,
SUMMARY:
. The proposed construction of this lift station will ultimately result in the replacement of two (2) existing
lift stations (1t7 and 1/18).
. This project includes construction of a new wetwell, three (3) new variable speed submersible pumps,
concrete valve vault, new control/generator building; new 15" gravity sewer pipeline, a new 12" force
main, upgrade of 6" water main to a 12" water main, paving and demolition of existing wastewater
pump station once the new one is placed into service.
. This project includes 420 feet of new storm pipe and six (6) inlets. During a storm it is designed to help
Morton Plant Hospital employees and patients cross Jeffords Street to access Morton Plant Hospital. The
Hospital administration approached the Public Works Administration concerning the excessive depth of
runoff flowing to the west down Jeffords Street. The City negotiated with Morton Plant for the hospital
to construct 250 feet of new 24" storm line when it redesigned its parking lot. The City would in turn
build a new storm inlet system on Jeffords St. to drain through the new storm pipe across the hospital
parking lot. 80th the City and Morton Plant benefited from this agreement.
. This project includes enhanced landscaping and an architecturally appealing control building.
. On December 17, 1998, the City received and opened bids for the subject project. The bids ranged in
price from the low of $737,000 submitted by Steve's Excavating & Paving, Inc. to the high of
$749,465.75 submitted by Keystone Excavators, Inc.
. It is recommended by the City's Consulting Engineer (Post. Buckley, Schuh & Jernigan) that the project
be award to Steve's Excavating & Paving, Inc. in the amount of $737,000. Their lump sum bid was very
responsive and within less than .5% of the engineer's estimate of $733,840.
. This project will start on or about February 1, 1999 and will be completed within 300 calendar days.
Reviewed by:
Legal <;:,?'e...... Inla Srvc ~/
Budgot . ,,>!1"~.-/#z,--rw Public Works
Purchasillg ~ DCM/ACM
Risk Momt N/A Other
Originating Dopt:
Public Works Adm
Usor Dept.
Publfc Works.
Costs $737,000.00
Total
Current FY
x
Funding Source:
CI X
OP
Other
Attachment
Submitted by:
City Manager {II\. -::r R !~
o None
Appropriation Code:
315.96665.563800.535.000
J P,lnted on recycled pllper Rev, 2/98 Jeftords Sl, Lilt Stlltlon 117
. ',\ . " ." ,.
-
.
pLD5
Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
L/~
Final Agenda Item #
Meeting Date:
1/21/99
SUBJECl/RECOMMENDA liON:
. Amendment to Chapter 47 of the City Code of Ordinances - fencing requirements for demolition
sites.
. Receive proposed Code amendment and refer it to the City Clerk for advertising for public hearings.
IBJ and that the appropriate officials be authorized to execute same.
. SUMMARY:
This code amendment is proposed in order to secure demolition sites, 1 acre or greater in size, for
'reasons of safety for the citizens of the city. There is currently no code or ordinance requiring a demo
site to have restricted access.
The new language proposes to require temporary fencing around the area of demolition of structures on
large sites such as the Sunshine Mall property. A permit will be required for this temporary fencing prior
to the issuance of a permit for demolition. The fencing will be required to be removed upon completion
of the demolition.
Staff recommends the City Commission receive and refer this amendment as proposed.
Reviewed by:
Legal .~
Budget ~
Purchasing N/a
Risk Mgmt N/A
Info 5IVC N/A
Originating Dept:
Planning & Development
Services
U~ Dept. /J f} .
.J;yt.eu (/...r~_ ---.
Costs
Total
Publrc Works N/A
DCtvVACM
Other
;y
Current FY
Funding Source:
Cl
OP
Other
Submitted by:
City Manager (I" :r ~
Printed on recycled paper
Attachmen s
Proposed Ordinance
o None
A ro riation Code:
Rev. 2/98
. t,' .....
ORDINANCE NO. 6381.99
Lid--
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING. TO THE BUILDING PERMIT REGULATIONS;
AMENDING CHAPTER 47 BY CREATING NEW SECTION 47.084,
TO . REQUIRE DEMOLITION FENCING; PROVIDING AN
EFFECTIVE DATE.
SE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sectlor} 1. Chapter 47, Code of Ordinances, Is amended by creating new Sectlon 47.084, for
requirements for demolition fencing as follows:
Section 47.064. Demolition fencing.
In connection with demolition of one or more structures on R site with an area of one acre or
larger, a continuous see-through fence of six feet In height, shall be required around the
perimeter of the site to limit access to only individuals and equipment Involved in the demolition
work. The fence shall be set back as necessary for adequate visibility for pedestrian and
vehicular traffic at street and driveway intersections. A permit Is required for this temporary
fencing prior to the issuance of a demolition permit. The fence shall be erected prior to
commencement of demolition and shall be removed at the completion of demolition unless
otherwise authorized by the city.
Sectlon 2. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Approved as to form
Rita Garvey, Mayor-CommIssIoner
. Attest
Cynthia E. Goudeau,
City Clerk
Leslie Dougall- es
Assistant City Attorney
Drdlnllllce 6381-99
'.'-~
. ..
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Vlearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Lf.3
Final Agenda Item #
Meeting Date:
1/21/99
SUBJECT/RECOMMENDA liON:
,
. Approval of the interlocal agreement for building construction inspection between the Town of
Belleairt Florida and the City of Clearwater, Florida.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
The City of Clearwater will enter into an agreement to provide construction inspection services to the
Town of Belleair through Planning and Development Services Administration. The agreement is for
Belleair to pay for these services.
Term of agreement is from 10/1/98 to 9/30/99;renewal each year with approval from BelIeair and City.
Revenue expected, based on information provided by Belleairt would be about 720 inspections per year
at $25.00 each.
The interlocal agreement has already been approved by the Town of Belleair.
Agreement available for review in City Clerk Department.
~
Budget ~
Purchasing ~
Risk Mgmt N/A
-
Info 5rvc N/A
Originating Dcpt:
Planning & Development
Servlces
USf: Dept.
...&~~
Costs
Reviewed by:
Legal
Total
Public Works N/A
DCMlACM
Other
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by:
City Manager
printed on recycled paper
(Y\ -S R )@j)
o None
A ro rlaUon Code:
Rev. 2/98
.,----OW """A
-
MEMORANDUM
TO:
FROM:
City Commission
Mike Roberto, City Manager
DATE:
January 121 1999
SUBJECT:
Contracting construction inspections for Town of Belleair
A. BACKGROUND INFORMATION:
The Belleair building department consists of a building official and one office administrator. The Belleair building
official does their construction inspections. Currently they can offer inspections only several days/week with their
own staff.
Health reasons are forcing the building official to lessen his work schedule. The Belleair town manager contacted
the former City of ClealWater City Manager regarding construction inspection services. With some part time
inspection help contracted to ClealWater, Belleair would be able to offer inspections 5 days per week.
The City of ClealWater legal department worked with Belleair to produce an interlocal agreement to contract
inspection services to Belleair. The agreement was presented to the Town of Belleair Commission and was
approved for implementation upon approval of ClealWater Commission.
Belleair '98 budget - $181000/year (720 inspections)
October '98 = 15 inspections; November '98 = 18 inspections (less than budgeted for)
STAFF ANALYSIS:
. Average time for Clearwater inspection to do inspection (including travel) - 30 minutes
. Clearwater charge - $25.00 per inspection
. High percentage of Belleair inspections are residential and smaller type building inspections. Belleair
does not have the variety or larger size of construction projects that Clearwater does
. Periodic review of costs vs. Income stipulated in contract. This will give both parties opportunity to
revise when contract would be up for renewal. This is a new program for both parties.
. Yearly opportunity to renew or not renew contract. Adjustments in agreement could also be made by
either party.
. Average of 20 minutes allowed for each inspection = $75/hour
. Clearwater inspector approximate cost for salary = $21/hour ($31.50 if working over 40 hours-
normally work 37.5 hrs/week)
o Travel expense - approximately 10 miles/ visit day @ $.29/mile = $2.90
. Multiple inspections on one day reduces average time and increase $/hour income
. Inspections for building disciplines only (building, electrical, plumbingl mechanical) - no code
enforcementl firet etc.
. Clearwater currently does approximately 2400 building inspections/month = 281800/year
It Total inspections with Belleair anticipated about 29,520/year (increase of 2.5%). Clearwater will do
only part of Belleair inspections to supplement what their staff can do so that their customers may
receive inspections 5 days/week
2
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. Belleair does approximately 140 inspections/month total ($25.00 x 140 = $42.000/year IF Clearwater
did ALL Belleair inspections - an Increase of about 6% over existing work load)
.. This 1S a step to assist in creating some additional uniformity within Pinellas County regarding
construction and inspections
. Permitting and plan review done by Belleair
. inspection records kept by BeHeair
. Good income generator using existing resources
. C. FINDINGS OF FACT:
1. Whereas, the Town of Belleair has asked for assistance and their commission approved the
agreement; and
2. Whereas. the City of Clearwater can provide the service with no negative impact on Clearwater
services; and
3. Whereas, there will be a net profit to the City of Clearwater; therefore
D. RECOMMENDATION:
. Based upon the facts of this agreeme.nt, staff recommeJ1ds the city commission approve the interlocal
.agreement approved by the Town of Belleair commission.
3
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INTERLOCAL AGREEMENT
FOR BUILDING CONSTRUCTION INSPECTION SERVICES
TOWN OF BELLEAIR, FLORIDA
AND
CITY OF CLEARWATER, FLORIDA
This Agreement made and entered into this
day of
1998,
by and between the City of Clearwater, Florida, a municipal corporation (hereinafter called the IICityll)
and the Town of Belleair, a municipal corporation (hereinafter called the 'Townll).
WITNESSETH:
WHEREAS, the Town is in periodic need of Building Inspection Services within its municipal
limits; and
WHEREAS, the City has the necessary resources available to perform these services; and
WHEREAS, the City and the Town have determined it is in the public interest for the City to
provide such services to the Town upon the terms and conditions hereinafter set forth:
NOW. THEREFORE, in consideration of these and other covenants to be performed by the
respective parties, and the parties agree as follows:
1. The initial term of this Agreement shall begin on October 1, 1998, and end on September
3D, 1999. The Agreement shall then automatically be renewed on an annual basis subjec~ to the City
and Town agreeing on the inspection fees for such renewal period. Either party may terminate this
Agreement for any reason by providing the other party ninety (90) days' written notice.
2. The City hereby agrees to perform the following types of construction inspections with
appropriately State Certified inspectors when required by the Construction Codes and requested by
the Town:
1
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BUilding
Electric
Gas
Mechanical
Plumbing
3. Building, electrical, gas. mechanical, and plumbing inspections will be performed on
projects issued a construction permit, by the Town and in accordance with the Construction Codes
adopted by the Pinellas County Construction Licensing Board, specifically:
The Standard Building Code
The Standard Mechanical Code
The Standard Plumbing Code
The National Electric Code
The NFPA Natural Gas Code
The NFPA L.P. Gas Code
The Life Safety Code
4. Inspections will be performed during the City's normal business hours and working days.
Inspections requested before 4:00 p.m. on any working day will be scheduled for the following
working day unless otherwise agreed upon between the parties.
5. The Town agrees to pay the City $25.00 per inspection visit from the signing of this
Agreement until September 30. 1999. This fee shall be evaluated on an annual basis to allow the
City to recover its cost in providing the inspection services. The City will bilf the Town monthly for the
inspections performed and receive payment from the Town within twenty (20) days of the billing.
6. The Town understands and agrees that the responsibility for all zoning requirements and
aU complaints arising from this Agreement shall be with the Town.
2
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. 7. The Town expressly waives and relinquishes any right to bring a claim against the City for
acts or .omissions of the City in connection with the City's duties and obligations under this
Agreement, except if such is a direct result to the sole negligence of Clearwater, or its employees, in
the performance of this Agreement. The obligation of the Town of Belleair to indemnify, defend and
hold Clearwater harmless, under this Agreement, is limited to the same extent that the Town would
otherwise be obligated directly to third persons under existing law, or to the extent provided under
chapter 768.28, Florida Statutes, whichever is less. This section shall not be construed as waiving
any defense or limitation which the Town or the City may have against any claim of cause of action
by any person not a party to this Agreement.
8. This Agreement is intended for the benefit of these parties only and is not intended for the
benefit of any third parties.
9. For the purpose of this Agreement and the work performed under this Agreement, the City
employees performing the work under this Agreement will be considered employees of the City and
not regarded as employees or servants of the Town, and employees of the Town will not be
considered employees or servants of the City.
10. If the Town or the City wishes to modify this Agreement, either may do so only with the
written consent of the other.
11. The City warrants that it has the required authority through official action of its City
Commission to enter into this Agreement and to be bound by the terms thereof.
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. 12. The Town warrants that it has obtained all necessary authority through its Town Council
~
to enter Into this Agre~ment and,to be bound by the terms thereof.
IN WITNESS WHEREOF the parties have executed this Agreement on the date first above
\.
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To of Belleair, Mayor
~k.. ~.~--/I;;;(j
Town of Belleai anager
~~~
To of Belleair.' Clerk
Rita Garvey. Mayor-Commissioner
Mike Roberto, City Manager
Cynthia E. Goudeau, City Clerk
i'
Town of Bell air. Attorney
Approved as to form:
~ =>
John Carasses. Asst. City Attorney
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ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
TO:
, .
. ,
FROM: ,
RE:
Honorable May~nd City Commissioners
. Pamela K. Akin, City Attorney
. . '.
") ,
Authorization to hire outside counsel
Police Department matters
DATE:
January 13. 1999
I am requesting authorization to hire Paul Meissner of the law firm of Carlson,
Meissner, Webb, Dodson & Hart, P.A., for consulting on matters involving the Police
Department and potential civil rights litigation. '
I""
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PKA:jrnp
Copy to:
Michael J. Roberto, City Manager
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u
Planning Department - Neighborhood Services
To:
City Commissioners
From:
CC:
Tom Muclano - Neighborhood Services Manager
Mike Roberto, Rick Hedrick, Cyndie Goudeau, Lorenzo Aghemo, Ralph Stone
Datc:
RE:
January 11, 1999
Clearwater Block Parties Day & Name Change
1. In August, 1998 the City Commission endorsed the Clearwater Block Party Program and
recommended a date be set in the spring 1999. We are requesting that the Commission
establish the date so that marketing for the event can co'mmence.
The intent of the program is for neighborhoods throughout the City to hold a neighborhood
celebration on one date between the hours of l1am -7pm. During this time, the City
Commissioners and Staff will visit the neighborhood parties while they are in progress. A
starter kit will be offered to neighborhoods by the City and will provide planning materials as
well as some decorations.
We have met with the Clearwater Homeowners Association Coalition and they have
recommended the following dates:
+ Saturday - April 10 (151 Choice)
. Saturday - April 17 (2nd Choice) NOTE - Fun n' Sun Begins April 16 - May 2
+ Saturday - April 24 (3rd Choice) NOTE - Many Fun n' Sun events scheduled this date.
It is staff's recommendation for the event date be established on Saturday, April 10.
2. In an effort to tie in to the Fun n' Sun festival and to celebrate Clearwater, we also
recommend the official name of the program be established as uCelebrate Clearwater
Neighborhoods Dayn. If approved by the Commission an official Proclamation will be
written for approval at a later date.
'1-." , , "', ' .~> ~. "
--
(I)
r 1\ I A Clearwater City Commission
,I v -..1- Agenda Cover Memorandum
Worksesslon Item #:
4cf,
FInal AQenda Item #
Meetlnj:! Date: 1/21/99
SUBJECT/RECOM M ENDA TION:
Adopt Resolution 99-02 establishing the intent to reimburse certain project costs incurred
related to the II Oaks of Clearwaterll buifdings with proceeds of future tax-exempt financing,
authorizing a public hearing, and providing for certain other matters in connection therewith,
rEI and that the appropriate officials be authorized to execute same.
SUM MARY:
· BEF, Inc., an exempt organization, is acquiring the Oaks of ClealWater buildings (Oak Cove and
Oak Bluff) from Beal Bank, the current mortgage holder.
· BEF, Inc. intends on completely renovating the Oak Cove building to provide for three levels of
care for senior citizens, including independent Jiving, assisted Jiving, and nursing care. It is the
intent of BEF, Inc. to relocate all of the present tenants in the Oak Bluff building to the Oak Cove
building once it has been renovated. The Oak Bluff building would then be renovated and
expanded to provide market rate housing. Following the renovations, the Oak Bluff building
would become subject to ad valorem taxes, while the Oak Cove building would remain exempt
from such taxes.
· The City has been requested to issue a series of tax exempt and taxable bonds to finance the
acquisition and rehabilitation of both the Oak Cove and Oak Bluff buildings. It is anticipated that
the City will be a conduit issuer of bonds for BEF in early 1999 to finance a portion of this
project. This wiU enable a portion of the bonds to be tax exempt, providing for lower interest
rates on the bonds.
· The City's Bond Counsel, Financial Advisor, and Disclosure Counsel are review ing the bonds and
the project to determi~e the legality and feasibility of the City issuing the bonds.
· All expenses and costs associated with this project w ill be paid by BEF. The City w ill not incur
any expense or liability by issuing these bonds.
· In accordance with IRS Code, a public hearing must be held relating to the issuance of these
bonds. The Deputy City Manager will hold this public hearing.
· This reimbursement resolution will allow for reimbursement of any expenses incurred prior to the
issuance of the Bonds.
Revlowed by: 'llA
Legal -lJ!:!f.
Budget ~
PurchasIng -1HL
Risk Mgmt -tHA-
Info Srvc
Public Works
DCM/ACM
Olher
J:UL
J:UL
Originating Dept:
Rnanco "-"YY1A
User Dept.
City Manager
Attachments
Resolution 99.02
Costs
Total N/A
Current FY
Funding Source:
Cl
OP
other
J::lf.A-
Submitted by: tvt "Y e
City Manager
PrInted on recycled paper
o None
Rev. 2/98
e.
1:1J:lc.
-===..
"
r 1../ A Clearwater City Commission
,Iv -...1- Agenda Cover Memorandum
Worl<sesslon Item #:
4~
Final Aqenda Item #
MeetinQ Date: 1/21/99
SUBJECT/RECOM M ENDA TION:
Adopt Resolution 99-02 establishing the intent to reimburse certain project costs incurred
related to the 1\ Oaks of Clearwater" buildings with proceeds of future tax~exempt financingj
authorizing a public hearing, and providing for certain other matters in connection therew ith,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· BEFt Inc't an exempt organization, is acquiring the Oaks of Clearw ater buildings (Oak Cove and
Oak Bluff) from Beal Bank, the current mortgage holder.
· BEF, Inc. intends on completely renovating the Oak Cove building to provide for three levels of
care for senior citizens, including independent Iivingt assisted living, and nursing care. It is the
intent of BEF, Inc. to relocate all of the present tenants in the Oak Bluff building to the Oak Cove
bUilding once it has been renovated. The Oak Bluff building would then be renovated and
expanded to provide market rate housing. FoHow ing the renovations, the Oak Bluff building
would become subject to ad valorem taxes, while the Oak Cove building would remain exempt
from such taxes.
· The City has been requested to issue a series of tax exempt and taxable bonds to finance the
acquisition and rehabilitation of both the Oak Cove and Oak Bluff buildings. It is anticipated that
the City will be a conduit issuer of bonds for BEF in early 1999 to finance a portion of this
project. This will enable a portion of the bonds to be tax exempt, providing for lower interest
rates on the bonds.
· The Cityts Bond Counsel, Financial Advisor, and Disclosure Counsel are reviewing the bonds and
the project to determine the legality and feasibility of the City issuing the bonds.
· All expenses and costs associated with this project will be paid by BEF. The City will not incur
any expense or liability by issuing these bonds.
· In accordance with IRS Code. a public hearing must be held relating to the issuance of these
bonds. The Deputy City Manager will hold this public hearing.
· This reimbursement resolution will allow for reimbursement of any expenses incurred prior to the
issuance of the Bonds.
Reviewed by: PIJA
Legal .1..J!4-
Budget ....mA-
PurchasIng -"1lA.-
Risk Mgmt ~
Info Srvc
Public Works
DCM/ACM
other
....1:HA.-
~
Originating Dept:
Finance vrn.A
User Dept.
City Manager
Attachments
Resolution 99.02
Costs
Total N/A
Current FY
FundIng Source:
CI
OP
other
JJlA-
Submitted by: tvt J e
City Manager
Printed on recycled paper
o None
Rev. 2198
rN 1-
RESOLUTION NO. 99-02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN
PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE
TAX-EXEMPT FINANCING; AUTHORIZING A PUBLIC
HEARING; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
, .
!
WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has
. determined that the need exists to authorize the acquisition and rehabilitation of two existing
nursing care and independent living facilities known as the Oak Cove and Oak Bluff buildings
located in the City of Clearwater (the "Project") by BEF, Inc., a Florida not for profit corporation
(the "Developer");
NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is
adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes,
Chapter 154, Part III, and Chapter 159, Parts II and III, Florida Statutes, and other applicable
provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to
be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid
by the Developer in connection with the acquisition and rehabilitation of the Project. Pending
reimbursement, the Developer expects to use funds its own funds to pay a portion of the cost of
the Project. It is not reasonably expected that the total anlOunt of debt to be incurred by the
Issuer to reimburse itself for expenditures paid with respect to the Project will exceed
Resolution No. 99-02
~-
$35~OOO,OOO. This Resolution is intended to constitute a "declaration of official intent" within
the meaning of Section 1. 150HZ of the Income Tax Regulations.
SECTION 3. AUTHORIZATION FOR STAFF. The staff of the City is hereby
authorized and directed to proceed with the review of the Bond issue at the request of the
Developer, and to prepare for review by the City the requisite Ordinance, resolutions and
documents to be used in the issuance of the Bonds.
SECTION 4. AUTHORIZATION FOR BOND COUNSEL. The City's Bond Counsel,
Bryant, Miller and Olive, P.A. is hereby authorized and directed to prepare the requisite
financing documents for use by the City in the issuance of the Bonds.
SECTION 5. AUTHORIZATION FOR FINANCIAL ADVISOR. The City's Financial
Advisor, First Union Capital Markets, is hereby authorized and directed to work with the City's
staff and Bond Counsel in reviewing the proposed Bond issue and the financial feasibility
thereof.
SECTION 6. AUTHORIZATION FOR DISCLOSURE COUNSEL. The City's
Disclosure Counsel, Nabors, Giblin & Nickerson, P.A. is hereby authorized and directed to
prepare the requisite disclosure documents for use by the City in the issuance of the Bonds.
SECTION 7. PUBLIC HEARING. The Deputy City Manager is hereby authorized and
directed to hold a public hearing as required by Section 147(f) of the Internal Revenue Code of
1986 (the UCode") on or before the next meeting of the City Commission on February 4, 1999,
upon the publication of notice of such hearing not less than 14 days prior to the date of such
hearing, and to report to the City Commission the results of such hearing. The City Clerk is
hereby authority and directed to assist the Deputy City Manager in publishing the notice of such
hearing, which notice shall be in such form as is acceptable to the City attorney and the City's 2 Resolution No. 99-02
bond counsel.
SECTION 8. SCOPE OF APPROVAL. It is expressly stated and agreed that the adop-
tion of this Resolution is not a guarantYt express or impliedt that the City shall issue the Bonds
for the Project. The Developer shall hold the City and its pastt present and future members,
officers, staff, attomeyst financial advisors and employees harmless from any liability or claim
based upon the failure of the City to close the transaction and issue the Bonds or any other cause
of action arising from the adoption of this Resolution, the processing of the financing for the
Project, or the issuance of the Bonds. It is expressly a condition to the adoption of this
Resolution that the Developer has assumed responsibility for the payment of all fees and costs
incurred in the processing of the financing for the Project and the issuance of the Bonds. The
Developer has acknowledged this financial responsibility and has accepted the fact that the City
is not boundt either morally or legallYt to the ultimate issuance of the Bonds.
SECTION 9. SEVERABILITY. If anyone or more of the provisions of this Resolution
shall for any reason be held illegal or invalidt such illegality or invalidity shall not affect any
other provision of this Resolutiont but this Resolution shall be construed and enforced as if such
illegal or invalid provision had not been contained therein.
SECTION 10. REPEALING CLAUSE. All resolutions or orders and parts thereof in
conflict herewith to the extent of such conflictst are hereby superseded and repealed.
SECTION 11. EFFECTIVE DATE. This resolution shall take effect immediately upon
its adoption.
Passed and adopted by the City Commission of the City of Clearwatert Florida, this _
day of , 1999.
3
Resolution No. 99-02
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By:
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ATTEST:
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Approved as to form and
correctness:
I ~,l. ',: . ,. .
City Attorney
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Mayor-Commissioner
Resolution No. 99-02
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ACKNOWLEDGEMENT OF DEVELOPER
,:
The undersigned, on behalf of BEF, Inc., the Developer named in the City of Clearwater
.Resolution 99-02, hereby acknowledges the conditions of adoption of said resolution set forth in
Section 8 thereof, and hereby accepts such conditions and docs hereby agree to hold the City and
its past, present and future members, officers, staff, attorneys, financial advisors and employees
harmless from any liability or claim based upon the failure of the City to close the transaction
and issue the Bonds or any other cause of action arising from the adoption of Resolution No. 99-
02, the processing of the financing for the Project, or the issuance of the Bonds for the Project.
The Developer hereby expressly assumes responsibility for the payment of all attorney fees, City
fees and costs incurred in the processing of the financing for the Project and the issuance of the
Bonds.
i ..
Dated: January _, 1999
BEF, Inc.
By:
Its:
., .
Complete Care Services, Inc., as
guarantor of the obligations of BEF,
Inc. set forth above.
By: ,
Title:
I'
1'cOi-t. .. !:' '. ......j.ir.!~~'.f h.. ~~.....~.
.'
.
FrJd-
Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
LfJ7 -
Final AJ:lenda Item #
MeetlnJ:l Date:
1/21/99
SUBJECT/RECOMMENDATION: Pass on first reading Ordinance 6370-99 providing for the
issuance of not to exceed $35 million Housing Revenue Bonds (BEF. Inc. Project),
[g} and that the appropriate officials be authorized to execute same,
SUMMARY:
· BEF. Inc., an exempt organization, is acquiring the Oaks of Clearw ater buildings (Oak Cove and
Oak Bluff) from Beal Bank, the current mortgage holder.
· 8EF. Inc. intends on completely renovating the Oak Cove building to provide for three levels of
care for senior citizens, including independent living, assisted living, and nursing care. It is the
intent of BEF, Inc. to relocate all of the present tenants in the Oak Bluff building to the Oak Cove
building once it has been renovated. The Oak Bluff building would then be renovated and
expanded to provide market rate housing. FOllowing the renovations, the Oak Bluff building
would become subject to ad valorem taxes, while the Oak Cove building would remain exempt
from such taxes.
· The City has been requested to issue a series of tax exempt and taxable bonds to finance the
acquisition and rehabilitation of both the Oak Cove and Oak Bluff buildings. The City w ill be a
conduit issuer of bonds for BEF to finance a portion of this project. This will enable a portion ot
the bonds to be tax exempt, providing for lower interest rates on the bonds.
· This ordinance provides the necessary ordinance authorization required by the City's Charter to
issue industrial development revenue bonds.
· The City's Bond Counsel, Financial Advisor, and Disclosure Counsel are review ing the bonds and
the project to determine the legality and feasibility of the City issuing the bonds.
· All expenses and costs associated with this project will be paid by BEF. The City, will not incur
any expense or liability by issuing these bonds.
· A sale resolution will be brought forward for Commission adoption at the same time as the
second reading of this ordinance detailing the specifics of the sale.
· The complete ordinance is available in the City Clerk Department.
Reviewed bY~ OrigInating Oept: Costs
Legal Inre Srvc -WA... Anance t..-rn~ Tolal N/A
Budget ~ Public Works -WA... User Dept. Funding Source:
Purchasing .JJlA- DCMIACM City Manager ,- Current FY Cl
-
Risk Mgmt .....mIL other -WA... A ttaclvnent s OP
Ordinance 6370-99 other
SubmItted by: fVt. J ~~ [J Nona
City Manager ,. -'-.
'.
.... . __ . .... '.. ........ .. 110" . _ .........~ t . .
...,........e.... .,. .......... ...... ..""....... ..'""U ...,.-................... ."
ORDINANCE NO. 63 70~99
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$35tOOOtOOO HOUSING REVENUE BONDS (BEFt INC. PROJECT) IN ONE
OR MORE SERIESt TO BE APPLIED TO PAY A PORTION OF TIlE COST
OF THE ACQUISITION AND REHABILITATION OF THE OAK COVE AND
BLUFF COVE BUILDINGS; PROVIDING FOR THE PAYMENT OF THE
BONDS FROM THE REVENUES OF THE PROJECT FINANCED
THEREWITH AND CERTAIN OTHER LEGALLY AVAILABLE FUNDS;
AUTHORIZING THE APPROVAL OF THE FORM OF TIm FINANCING
DOCUMENTS BY RESOLUTION; MAKING OTHER COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARW A TERt FLORIDA:
SECTION 1. AUTHORITY FOR TillS ORDINANCE. This Ordinance is adopted
pursuant to Chapter 166t Part lIt Chapter 154t Part lIlt and Chapter IS9t Parts II and lIlt Florida
Statutes and other applicable provisions oflaw.
SECTION 2. DEFINITIONS. Unless the context otherwise requirest the terms defined
in this Section 2 shall have the meanings specified in this section. Words importing singular
number shall include the plural number in each case and vice versat and words importing persons
shall include firms and corporations.
(A) "ACT" shall mean Chapter 166t Part lIt Chapter lS4t Part lIlt and Chapter IS9t
Parts II and III, Florida Statutest and other applicable provisions of law.
(B) lIBOND YEAR" shall mean the period from the date of issuance of the Bonds to
the date determined by subsequent resolution of the City adopted prior to the issuance of the
Bonds, and each anniversary thereof.
(C) "BONDS" shall mean the City of Clearwatert Florida Housing Revenue Bonds
(BEFt Inc. Project) issued in one or more series.
(D) IIBUSINESS DAY" shall mean each day on which financial institutions located in
the State of Florida or the City are lawfully open for the transaction of business in the State of
Florida.
(E) I1CITYu shall mean the City ofClearwatert Florida.
I,'
1
Ordinance No. 6370-99
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(F) "CODE" shall mean the Internal Revenue Code of 1986, as amended and
contemporaneously in effect.
(0) "DEVELOPER" shall mean SEF, Inc., a Florida not for profit corporation
recognized as an exempt organization under section SO I (c)(3) of the Code.
(H) tlDEVELOPMENTII shall mean collectively, the Oak Cove and Bluff Cove
buildings, each presently consisting of nursing bed and independent Jiving facilities, located in
the City.
(I) "FISCAL YEARII shall mean the period commencing on October 1 of each year
and ending on the next succeeding September 30.
(1) "HOLDER OF BONDS" or "BONDHOLDERS" or any similar tenn shall mean
any person who shall be the registered owner of any outstanding Bond.
(K) "INDENTUREII shall mean the Indenture of Trust between the City and a banking
institution with trust powers, in the form as approved by subsequent resolution of the City
adopted prior to the issuance of the Bonds, pursuant to which the Bonds are issued.
(L) IlINVESTMENT SECURITIESII shall mean any investment permitted by Section
166.261, Florida Statutes.
(M) "ISSUERlI shall mean the City of Clearwater, Florida.
(N) lILoAN DOCUMENTS" shall mean the Loan Agreement, Note, Mortgage and
Security Agreement, Land Use Restriction Agreement and similar agreements between the City
and the Developer, pursuant to which the City loans the proceeds of the Bonds to the Developer
for the purpose of funding the costs of the Project, all in the fonn of as approved by subsequent
resolution of the City adopted prior to the issuance of the Bonds.
(0) "ORDINANCE" shall mean this Ordinance as the same may be amended from
time to time.
(P) UPLEDGED REVENUESII shall mean (i) the proceeds of the sale of any Bonds
issued under the Ordinance, (ii) moneys in the funds and accounts established under the
Indenture (except for any rebate fund), subject to application so provided therein, (Hi) the
revenues of the Development and (iv) any other funds provided by the Indenture, which are
pledged to secure the payment of the principal of and interest on the Bonds.
(Q) II TRUSTEE" shall meM the bank or trust company with trust powers serving as
trustee under the Indenture from time to time.
2
Ordinance No. 6370-99
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SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that:
(A) It is necessary and desirable to preserve the Development, as provided herein, in
order to preserve and protect the public health and safety of the inhabitants of the Issuer, and for
the purposes of industrial development.
(B) The Pledged Revenues are not now pledged or encumbered in any manner.
(C) The estimated Pledged Revenues will be sufficient to pay all of the principal of
and interest on the Bonds to be issued hereunder, as the same become due, and other payments
required by this Ordinance or the Indenture.
(0) The principal of and interest on the Bonds and all other payments shall be payable
solely from the Pledged Revenues, as herein provided. The Issuer shall never be required to levy
ad valorem taxes on any property therein to pay the principal of and interest on the Bonds and
such Bonds shaJl not constitute a lien upon any property of or in the Issuer.
I.
SECTION 4. AUTHORIZATION OF DEVELOPMENT. There is hereby authorized the
Development for the citizens and residents of the City, subject to any additional actions required
of the City in the nature of zoning, pennits, occupancy certificates, utilities and similar actions.
SECTION 5. THIS ORDINANCE TO CONSTITUTE CONTRACT. In consideration of
the acceptance of the Bonds by those who shall hold the same from time to time, this Ordinance
shall be deemed to be and shall constitute a contract between the Issuer and such Holders. The
covenants and agreements set forth herein and in the Indenture 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 6. AUTHORlZA TION OF BONDS. Subject and pursuant to the provisions
hereof, obligations of the Issuer to be known as the City of Clearwater Housing Revenue Bonds
(BEF, Inc. Project). are authorized to be issued in one or more series in the aggregate principal
amount of not exceeding $35,000,000, all as may be determined by subsequent resolution of the
City.
SECTION 7. DESCRIPTION OF BONDS. The Bonds shall be issued in fully registered
fonn; shall be dated the date of issuance; shall be numbered R-I and upward; shaH be in such
denominations, shall bear interest at the rate or rates and sha]] mature on such dates as are
determined by subsequent resolution of the City adopted prior to the issuance of the Bonds; such
interest to be payable at each Interest Payment Date (as detennined in the Indenture).
3
Ordinance No. 6370-99
>.... ..~_~~,;..:l.,.l-...
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Each Bond shall bear interest from the date on which it is authenticated; provided,
however, that if at the time of authentication payment of any interest which is due and payable
has not been made, such Bond shall bear interest from the date to which interest shall have been
paid.
The principal of and the interest and redemption premiwn, if any, on the Bonds shall be
payable in any coin or currency of the United States of America which on the respective dates of
payment thereof is legal tender for the payment of public and private debts. The interest on the
Bonds shall be payable on each Payment Date (as defined in the Indenture) to the person
appearing on the registration books of the Issuer hereinafter provided for as the registered Holder
thereof, by check or draft (or by wire transfer if pennitted by the Indenture) mailed to such
registered Holder at his address as it appears on such registration books.
Notwithstanding any other provisions of this section, the Issuer may, at its option, prior to
the date of issuance of the Bonds, elect to use an immobilization system or pure book-entry
system with respect to issuance of such Bonds, provided adequate records will be kept with
respect to the ownership of such Bonds issued in book-entry fonn 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 8 and 9 of this Ordinance shall not be applicable to such Bonds.
. The details of any alternative system of issuance, as described in this paragraph, shall be set forth
in the Indenture or in a resolution of the Issuer duly adopted at or prior to the sale of such Bonds.
SECTION 8. EXECUTION OF BONDS. The Bonds shall be signed by, or bear the
facsimile signature of, the Mayor-Commissioner and City Manager of the Issuer, shall be signed
by, or bear the facsimile signature of, the Clerk, a facsimile of the official seal of the Issuer shall
be imprinted on the Bonds, and shall be signed by, or bear the facsimile signature of, the City
Attorney as to fonn and legal sufficiency.
In case any officer whose signature or a facsimile of whose signature shall appear on any
Bond shall cease to be such officer before the delivery of such Bond, such signature or such
facsimile shall nevertheless be valid and sufficient for all purposes the same as if he has
remained in office until such delivery. Any Bond may bear the facsimile signature of or may be
signed by such persons who, at the actual time of the execution of such Bond, shall be the proper
officers to sign such Bonds although at the date of such Bond such persons may not have been
such officers.
SECTION 9. AUTHENTICATION OF BONDS. Only such of the Bonds as shall have
endorsed thereon a certificate of authentication substantially in the fonn provided for in the
Indenture, duly executed by the Trustee, as authenticating agent, shall be entitled to any benefit
or security under this Ordinance or the Indenture. No Bond shall be valid or obligatory for any
purpose unless and until such certificate of authentication shall have been duly executed by the
Trustee, and such certificate of the Trustee upon any such Bond shall be conclusive evidence that
such Bond has been duly authenticated and delivered under this Ordinance. The Trustee's
4
Ordinance No. 6370-99
.....d
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certificate of authentication on any Bond shall be deemed to have been duly executed if signed
by an authorized officer of the Trustee, but it shall not be necessary that the same officer sign the
certificate of authentication of all of the Bonds that may be issued hereunder at anyone time.
SECTION 10. PROVISIONS FOR REDEMPTION. The Bonds shall be subject to
redemption prior to their maturity, in whole or in part, on any Payment Date at the option of the
Issuer, in accordance with the tenns of the Indenture and the subsequent resolution of the City
adopted prior to the issuance of the Bonds.
SECTION 11. FORM OF BONDS. The text of the Bonds shall be in accordance with
the tenns of the Indenture and as determined by subsequent resolution of the City adopted prior
to the issuance of the Bonds.
SECTION 12. APPLICATION OF BOND PROCEEDS. The proceeds, including
accrued interest, received from the sale of the Bonds shall be applied by the Issuer simul-
taneously with the delivery of such Bonds to the purchaser thereof, as follows:
(A) The accrued interest and, at the option of the Issuer, interest to accrue on the
Bonds in such amount and for such period of time as may be provided by subsequent ordinance
or resolution of the Issuer shall be deposited in the appropriate interest account created under the
Indenture and shall be used only for the purpose of paying interest becoming due on the Bonds.
(B) The remaining proceeds of the Bonds together with other funds provided by the
Developer and legally available therefor shall be used to pay the costs of the Development.
(C) The balance of the Bond proceeds after providing for the payments required by
(A) and (B) above, shall be deposited by the Trustee in accordance with the Indenture.
SECTION 13. SPECIAL OBLIGATIONS OF ISSUER. TIle Bonds shall not be or
constitute general obligations or indebtedness of the Issuer as '~bondsll within the meaning of the
Constitution of the State of Florida, but shall be payable solely from and secured by a lien upon
and a pledge of the Pledged Revenues, as herein provided. No Holder or Holders of any Bonds
issued hereunder shall ever have the right to compel the exercise of the ad valorem taxing power
of the Issuer or taxation in any form of any real or personal property therein.
The payment of principal of and interest on the Bonds shall be secured forthwith equally
and ratably by, and the Issuer hereby grants to the Bondholder an irrevocable lien on the Pledged
Revenues in accordance with the Indenture, and the Issuer does hereby irrevocably pledge such
Pledged Revenues to the payment of the principal of and interest on the Bonds, for the reservesatherefor and for all other required payments.
5
Ordinance No. 6370-99
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SECTION 14. HOLDERS NOT AFFECTED BY USE OF PROCEEDS. The holders of
the obligations shall have no responsibility for the use of the proceeds of the Bonds, and the use
of such proceeds by the Issuer shall in no way affect the rights of such holders.
SECTION 15. SEVERABILITY. If anyone or more of the covenants, agreements or
provisions of this Ordinance should be held contrary to any express provision of law or contrary
to the policy of express law, though not expressly prohibited, or against public policy, or shall for
any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining covenants, agreements or
provisions of this Ordinance or of the Bonds or coupons issued thereunder.
SECTION 16. INCONSISTENT ORDINANCES. All prior resolutions of the Issuer
inconsistent with the provisions of this Ordinance are hereby modified, supplemented and
amended to conform with the provisions herein contained.
~. T
SECTION 17. EFFECTIVE DATE. The provisions of this Ordinance shall take effect
immediately upon the adoption thereof.
Section 18. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance has
been properly advertised in a newspaper of general circulation In accordance with Chapter
166.041, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form: Attest:
J~ UIL
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
6 Ordinance No. 6370-99
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
'-fCZ
Final AQenda Item #
Meetln~ Date: 1/21/99
I. SUBJECT/RECOMMENDATION:
Adopt Resolution 99-12 establishing the intent to reimburse certain Infrastructure Sales Tax
Revenue project costs incurred with proceeds of future tax-exempt financing,
l!I and that the appropriate officials be authorized to execute same.
SUM MARY:
· The II Penny for Pinellasu project list identifies several projects which are anticipated to be funded
through the issuance of bonds.
· We anticipate issuing bonds in 1999 to finance the II Ga~eway to the Beachlt project.
· The City w ill be incurring expenses on this project prior to the issuance of the bonds. .
· This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds.
. I
Reviewed bytJYr- OrigInating Dept: Costs
legal In(o Srvc .. ...1M- Ana nce l.-}l'lll. Total N/A
Budget ~ Public Works .JHA.. User Dept. Funding Source:
Purchasing ~ DCM/ACM - Current FY CI
Risk Mgmt ~ other ...:1HA.. Attachments OP
Resolution 99.12 other
Submitted by: tyt "5 R. I~ o None
city Manager - .
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
4CZ5
FInal AQenda Item #
MeetlnQ Date: 1/21/99
SUBJECT/RECOM M ENDA TION:
Adopt Resolution 99-12 establishing the intent to reimburse certain Infrastructure Sales Tax
Revenue project costs incurred with proceeds of future tax-exempt financing,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· The II Penny for Pinellas" project list identifies several projects which are anticipated to be funded
through the issuance of bonds.
· We anticipate issuing bonds in 1999 to finance the II Gateway to the Beachll project.
· The City w ill be incurring expenses on this project prior to the issuance of the bonds.
· This reimbursement resolution w ill allow for the City to be reimbursed from the Bond proceeds.
Reviewed bYt...r4:- OrigInating Dept: Costs
Legal Info Srvc J:nA... Anance l--rn1l. Total N/A
Budget ~ Public Works J:nA... User Depl. FundIng Source:
PurchasIng ~ DCMI A CM - Current FY CI
Risk Mgmt ~ other JJLA- Attachments OP
Resolution 99.12 other
Submitted by: .M3'.R I~ IJ None
City Manager r.MA'
.........., . "".' \, <
-
RESOLUTION NO. 99-12
Lf?
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN
PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE
TAX-EXEMPT FINANCING; PROVIDING eERT AIN OTI.fER
MA TIERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has
determined that the need exists to construct certain capital improvements known as the "Gateway
to the Beach" project consisting of realigning of the roads to the entrance to Clearwater Beach
I
I
[,
and replacement of the intersections with a round-a-bout with a central focal point such as a
fountain, together with related engineering work (collectively, the "Project");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA THAT:
SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is
adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and
other applicable provisions of law.
SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to
~e reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid
by the Issuer in connection with the construction of the Project. Pending reimbursement, the
Issuer expects to use funds on deposit in its general funds and other funds legally available,
including funds acquired with interim financing, to pay a portion of the cost of the Project. It is
not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse
itself for expenditures paid with respect to the Project will exceed $J 0,000,000. This Resolution
is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2
.,
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of the Income Tax Regulations.
SECTION 3. SEVERABILITY. If anyone or more of the provisions of this Resolution
shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any
. other provision of this Resolution) but this Resolution shall be construed and enforced as if such
illegal or invalid provision had not been contained therein.
SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in
conflict herewith to the extent of such conflicts~ are hereby superseded and repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its .
..
,
adoption.
PASSED AND ADOPTED this
day of
. 1999.
Rita Garvey, Mayor-Commissioner
Approved as to fonn:
t! ~4
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
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Clearwater City Commission
Agenda Cover Memorandum
Work Sessioll lIem II:
4'1-
Final Agenda Item #
Meeting Dale: 01121/99
SUBJECT/RECOMMENDATION: Award a contract for the Cleanvntcr Airpark Instullation of Runwuy nnd
Taxiway Lighting System (98-0003-AP) to H.L. PRUITT, INC., of WINTER SPRINGS, FLORIDA for the
sum of$185,645.90 which is the lowest most responsive bid received in accordance with plans and specifications.
I&l and thallhe appropriate officials be authorized 10 execute same.
SUMMARY:
. The City of Clearwater approved a Joint Project Agreement (JP A) with the State of Florida. Departmcnt of
Transportation. for the purpose of constructing Medium Intensity Runway Lights and Low Intensity Taxiway
Lights at Clearwater Airpark (FOOT WPI No. 7827372). The JPA authorizcd the construction of the new airport
lighting system on a 50/50 cost sharing basis with the City's share coming from the Capital Improvement Fund.
Under the agreement, the City must pay for the projcct up front and then be reimbursed by FOOT up to a limit of
50% of the total construction cost upon completion of the project. The proposed budget for this project was
estimated to be $100,000.00. The FOOT Aviation Programs Supervisor, Mr. John Roeller, has approved this
project and is amending the existing JP A to include additional FDOT funding to provide for a true 50/50 split
on construction costs.
. This project includes the design and installation of fixed medium intensity runway lights and fixed low intensity
taxiway lights and the installation of a radio controlled switch capable of activating the lighting system by a
standard VHF aircraft transmitter.
. This airport lighting system will provide for safer air operations during inclement weather and during seasonal
hours of operation when daylight is minimal. Additionally, the lighting system will encourage more business
aircraft to utilize Clearwater Airpark.
. The installation of the Airpark Lighting System is part of the five (5) year plan presented to prospective FBO
candidates during the recent Airpark Management Lease negotiations.
. This project will begin on or about February 1, 1999 and be completed within 90 calendar days.
. The City's portion of the contract costs will be $92,822.95. Sufficient funding is available in Capital
Improvement Project 315-94713, Airpark Master Plan.
Risk Mgml
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Public Works
DCMlACM
"'.i~l\(. 'V.
Other
(";\1/
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Originating Dept:
Public Works Admi istration
User Dept.
Costs $185,645.90
Total
Reviewed by:
legal
Budget
Purchasing
Currenl FY X
Funding Source:
Cl
X
Attachments
or
Other
Submitted by:
City Manager f^ J R /i!SJ
o None
Appropriation Code
315.94713-563800-542-000
Rev.2/96 Clw. Alrllark Runway & Talllway L1ghls
Printed on recycled paper
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APPOINTMENT WORKSHEET
so
FOR COMMISSION MEETING Januarv 21. 1999 APPOINTMENTS Agenda #
BOARD: Beautification Committee
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Marcia Blakemore
MEETING DATES: 1st Wed., 8 am
PLACE: MSB
APPTS. NEEDED: 2
DATE APPTS TO BE MADE: 1/21/99
THE FOLLOWING ADVISORY BOARD MEMBER(SI HAVE TERMS WHICH EXPIRE AND
NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A .
NEW APPOINTEE.
Date of Original
Aopointment
Attendance Interest in
Record reaQDointment
Name-
2 vacant seats ·
New members will begin February 1 st and have term to 1/31/2003
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
I
Name~Address
Comments-Related Experience.Etc.
1. Brooks Hammac
2035 Rebecca Dr., 3.3764
Retired, was Manager - Lockheed Martin
Specialty Components
2. Richard Ruben
1430 Gulf Blvd., #501, 33767
Retired Branch Manager, Ford Motor Credit Corp.
Zipcodes of current members:
1 at 33765
2 at 33761
2 at 33767
2 vacant
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~>~;,. em OF CLEARWATER .
Appfictrtlon for AdvI.ory Board.
,,\ (muflt b. Clearwater rlll~.nt)
Name~CJ6flC.~ "B"Qt;:>k~rJ" /-I~";'~A~
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How Long IlllBldont of I!ul City 0' Clllrwllerl > ~ 2 ~:~ .
Oooupotlon /174,,,....,<''':' J- Em plover .,"/, H" /:.. ~c. eo-p.
Field of Educ3llon: , 7<. e+; re Other Work Exlllrionca: . f \ q 11+ C\ 0 S eel
e NCJ ( 4Jef?'~-'AJj /1?.tJIVA,rn ~~
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Offloe Address:
~~~~beC;CA ~ ~OJ(/'If~rI/1)06
C /l1J FI 21P!344~ c::>15~903
T,lephone '$l"i"-? - 0 ~ 3 i ~'31 ~
Home Address:
...............,...A
If rttfred, former occupation -.,.1
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Community Activitos:
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Other lntlrllblf{3""Ar "" ' F, oS}""., I $'~ u ~,q, M-.J'M7 . (Jo I ~ IJ 11:1-
Board Service (current 8"d pastt Board Prafarence:
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Please See attnched list for Soal'd! that ...qulre Flnancial Olsclosure at the tInt. of
appointment. PLEAse RETURN THIS FORM TO: CIty Clerkls Oepartment P.O. Box 4748
Clearwater, FL 34818 ,
y. 8. CJ5 Ve.\~-Red c.oV\+W\u-e.d \,^-\-ev-es-\-
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TOTll.. P.82
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, BOARD OUEmONNAlRE
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, t What Is your underltandlng of the board', duties end responsibilitlel?
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2. HBve you ever observed a board meeting either in person or on C.Vle , 'the
City's TV st8tion?
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3. What background and/or quafiftcBtlons do you have that you feel wou
you 10 serve on this Board?
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4. Why do you went to serve on this Board?
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CITY OF CLEARWATER -'APPl1~~TION FOR ADVlSO~Y BOARD~ ' :
. (must be.Clearwater re8~~nt) . .;. . .' "R IJ E 1 V E D
Office Address:
"11.
AUG ? B 1998
. cr;y CLERK DEPr.
Name:. Rlchllrd (lJ.l.ckJ L.
orne Address:
Ruben
Clearwater FL
Zi 33767
Zip
e~phon~ (727J 595-2736
OW long a resIdent of Clearwater?
ccupation:
ield of Education:
Telephone:
/;. '/1 yell" 9
Employer:
Other Work Experience:
of Hissouri KC Business AdminIstration
If retired, former occupation: Branch Hana qer, Ford Hotor Credi t Corp. (24 years)
Past president, VIce PresIdent, Treasurer Sand Key CIvIc AssC.I
ommunity Activities: past Guardian Ad Li tem (ChIld Advoca te for the State of FlorIda)
aat Bd.Member GIrl Scouts of Amer1ca! Past Bd.Hember Nestern Mental Health centf
herlff's De t.
Commlss1on,Past Officer Republican partg,M(
~lIfJfng r.pn~Rr P~rk* And B~~ P3rk of Sand
ast ad.Member Ford CommunIty Service
Other Interests: 1lpnovR ~ f on of f!7MI rr"", ~"'r
. Ke y.
IBoard Service (current .and past):
Board Preference:
Parks and Recreation
Beautification CommIttee
Additional Comments:1fll "ife and I have lived here in Clearwater sInce retIrement & .
r have trIed to Involve myself 1n community affairs. I'm certainly proud of our
~l~V ~ndwould 11~e ~o do Romethlng to contrlhute to her contlnu&d success. , I
be11eve 1n the concept of .One C1ty, One Future.-
Signed:
Date: AU9ust 27. 1998
See attached Itst for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to: .
City Clerk's Department, P. O. Box 4748. Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
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BOARD QUESTIONNAIRE
..
Name of Board Applying For: Bellut1fieat1on Comm1ttee
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~UG 28
1998
ulll' CL.€I~~ O€
1. What Is your understanding of the board's duties and responslb1l1tles? : ','. P1:
Riohard (Dick) L. RUban
I.:" ~
Applicant', Name:
~ 1 ,
De vel op an overall c1 tv bsltut:1fl ell ttO" program. ~ 8 an offi cer-:of the
Sand KeQ C1vic ~ssoc1ation. I had the oDportunitu to work with former
director, Ream Wilson and Hark Roether of Parks & Recreation as well
as ~h8 currAn~ dlrA~~nr: Ir~ r~aAr_ My in~An~fnnR RrA to h~lp create
and enhance the beauty of our city.
2. Have you ever observed a board meeting either in parson or on C-View, the
City's TV station?
outte often I have phusieallg attended committee meetinqs as well llS
occass1onally I have viewed hearings on the city's ~v statIon.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
H~ p.rpp.ri8n~pq. n~hpr ~hRn ~~09P stDtpd R~nv~, Rr~ my 14m4tatlons.
I do have the ab111ty to env1sion a more beautiful elty.
4. Why do you want to serve on this Board?
I would lIke to partIclpate in help1ng encourage an~ improvements
aesthet1callg or otherwjse 1n the Clty of Clearwater.
-
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APPOINTMENT WORKSHEET
ITEMH 5 I
FOR COMMISSION MEETING Januarv 21. 1999
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Larry Lindner
MEETING DATES: 4th Mon., 6:30 pm
PLACE:
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE: 1/21/99
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH'EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Gary Giordano ending 2nd term 1/31/99
NA
NA
new person will begin February 1 st with term to 1/31/2003
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Eta,
1. Deloris Bell
1356 Terrace Road, 33755
Retired Family Education Specialist & Teacher
2. Jim Ficken
1608 N. Osceola Ave., 33755
real estate investor
"
3. Richard Ruben
1430 Gulf Blvd., #501, 33767
Retired Branch Manager, Ford Motor Credit Corp.
Zipcodes of current members on board:
2 at 33755
1 at 33756
1 at 33759
2 at 33764 (1 is Mr. Giordano)
1 at 33765
1 at 33767
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CITY OF CLEARwATER · APPLICATION FOR ADVISORY BOARDS
, . ~. , (must be Clearwater re81d~)
Name:-=rJ e-l 0 r;$BeLl . " ,
Office Addres.:
. "..1
~:~~: ~~.
Telephone: g J 3 'fft; / - /0/2-
How long a ~ent?f Clearwater? ,3 t ~ .
Occupation: I/IJ r-erJ
Fie) of Education:
Zip
T elephana:
If retired. fanner occupation:
..
Commun!tY Activities:
Employer.
Other Work Experience:
Other Interests:
Board Service (current and past):
B~ preference~ '
, rts I. 'fUl-l//)/t/gd~
Additional Comments: t
slgnedJ/L "--'-t5eLf
Dale: (J~f/;;
-
See attached list for boards that require Flnancral Disclosure at time of appolntment
Please return this application & board questionnaire for each board listed to:
City Clerk's Departmentr P. O. Box 4748, Clearwater. FL 337584748 or drop off at City Hall. 2nd
Floor, 112 S. Osceola Avenue R E C E IV E D
MAR 31 1998
CITY CLERK DEPT.
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1. What II your underltandlng of the boa~d" dutl.. and re.pon.,bUItl.1l
....iL~.~ tb: ~ ~ ~
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~~~~~~....
2. Havo you ever observed a board meeting either in person or on C-View, the
City'. TV It Ion?
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
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4. WhV do you want to serve on this Board?
Name~L \-V3d/
Boerd Neme{J~1/ ~
.ffiCElVED
MAR 31 1998
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'..;..... ;.: ~ CITY OF CLEARWATER'
Application for Advisory Boards
. (must be Clearwater resident)
Name -J i W)' Ft c... k.e Vl
Home Address:
Office Address:
P J;t .',
. '.;.,CJ!!XVED
fEB 03 1998
~I.! V OLERk DEPr.
Ibo~ N. O~C~'C4 ~
J:J~q t'vJC(/t (r ZIP: 31755
Telephone 4. 6 4- - ? 999' Telephone
. How Long a resident of the City of Clearwater? 4- 'Yt!.a r~
Occupation r~q,' ts +..-k ; "'Vf'.rlo~ Employer s:e lfl
ZIP:
Field of Education:
Other Work Experience:
-.2E) :Z:S I llVl J ~ € ,
Co....~~,.l'iQ I M14S;t:, Jbul'~tlt'J""
!f'(H-h- '('~.f~,.#!...e., Iff 0 "'''Q,f. lo.q,~,
~G~caS"i rLlJfJrt&'1 ;"va1w.,"" i fflJ-J.,.
If retired, former occupation
Community Activites: L 0 If~; l'.(4" 'j; I't 7M>.. WI u~1 ("'4~ ~i I ~ na;rIHbn
Otherlnterests:~iql ~~evti-proJlJ.-f.f~-~..... ,+-pr0J+4~+..6h l t(''';( r:,J.'fs,
Board Service (current and past) Board Preference:
Par{c:;.r ..f- Re.CfLCln'l)l1
Additional Comments: ~ €f.;:tcv.
Signed: r 71 ,M,b....
tr .J.ju ~ey +D CIR~"'#q,fu'
Date: \ 13o/?B
Please see attached list for Boards that require Financial Disclosure at the time of
appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748
Clearwater, FL 34618
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1430 Gulf Blvd.
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CI1Y OF CLEARWATER - APPLICATION FOR ADVISORY BOARD~ ".'
" ~ (must be Clearwater resident) . ,. ~ eEl V'E D
AUG28 7~
crrv CLERK DEPr.
Office Address:
Name: Rlahlu.tf (nlaJcJ r.. Ruben
Home Address:
'SOl
RIA
Clearwater, Fr.
Zip 33767
ZiD
Telephone: (727 J 595-2736
How long a resident of Clearwater?
Occupation:
Field of Education:
Telephone:
" 1/' Y"'JII"~
Employer:
Other Work Experience:
unIvers1tu of MIssourI (KC) BusIness AdmInIstratIon
If retired, former occupation: Branch Manaqer, Ford Motor Credl. t Corp. (24 gears)
Past presIdent, vIce presIdent, Treasurer Sand Key CIvIc ASSC.l
Community Activities: Past Guardjan Ad LI tem (Ch1l d Advoca te for the Stal:e of FlorI da)
Past Bd.Member GIrl Scouts of AmerIca/ Past Bd.Member Western Hental Health Cente
Sand Key Beach Renour1shment Committee. VIP Plnell<<s county Sheriff's DeDt.
Past Bd.Hember Ford CommunIty ServIce CommIssIon/Past OffIcer RepublIcan party,H{
Other Interests: llennvl'I~"nn nF f!"~1trr.l1t~IH' .C::JIt'''''ng f!pn~~,. p.IIrk, And RlIV PlIl"k of Sand
. Ke y.
Board Service (current and past): Board Preference:
Parks and RecreatIon
BeautIfication CommIttee
AddmonarCommen~:MY wIfe and I have lIved here In Clearwater since retIrement &
I bave tried to Involve myself in co~munlty affaIrs. I'm certaInly proud of our
~l~g and 'would 7fkR ~o do BomR~hfnv ~o ~nntrlbutR to bAr contInued Buccess. I
belIeve 1n'the concept of "One CIty, One Future.-
Signed:
Date: ""CluSt 27.1998
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to: .
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall. 2nd
Floor, 112 S. Osceola Avenue
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. BOARD QUESTIONNAIRE
1. What Is your understanding of tho board's duties and responsibilities?
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AUG 2 8 199,
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Ofty OLe -
RI( DEPJ:
Applicant'. Name: Rlohard lD101d L. Ruben
Name of Board Applying For: P...ri'Jr JC >>8D~IUI.1:J.an BOll.~d
~o ote~see cond1t1ons of the City's Parks & Recreatlon fac~11tie8,
to Make recommendat1ons to the commission on any and all
improvements that might enhance the beautificat10n of lts
facl11 t1es.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station 7
I haye not on19 sat 1n on some of these committee hearlnqs but
have test1E1ed on numerous occaslons concern1ng the Clearwater"
Sal11ng Center Park and."Bay Park on Sand Key. I have worked
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
___extens1vel~ with former director Ream W11son; Mark Roether Nursery
Su~ervlsor and with the current d1rector, Art Kader. As a member of
Sand Key Civic Assoc., I helped in the renovatlng of the Clearwater
sai11ng Center Park & helped 1n the design of the Bay Park on Sand Ke1
4. Why do you want to serve on this Board?
T wn"JA J4~A .hA nppnr."nity .n q~r~~ AO A rArrAq~nt~~lve of
Clearwater in helDlnq ~o establ1sh lmp~ovements 1n our Darks and
recreational facl1it1es.
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53
RESOLUTION NO. 99~3
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDAt SUPPORTING PINELLAS SUNCOAST TRANSIT
AUTHORITY'S EFFORTS TO OBTAIN A PERMANENT
STOP AT TYRONE SQUARE MALL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the Pinellas Suncoast Transit Authority's (PSTA) purpose is to
provide safe, convenient and economical transportation to Pinellas County residents;
and
. WHEREAS. transportation to shopping centers and regional malls is essential by #
the general publiC for both shopping and employment purposes; and
WHEREAS, PSTA has been required to move the transit stop at Tyrone Square
Mall at least four times in recent years, and has spent considerable money, time and
effort planning and designing an additional six other sites on mall property in that same
time; and
WHEREAS, in spite of numerous meetings and the efforts made in planning and
. moving. PSTA is still at an unacceptable location with no permanent site being
considered; and
WHEREAS, the former location adjacent to the newly constructed food court is
still available for use as a transit stop and represents the best possible alternative for
PSTA and its customers; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater supports PSTA's
efforts to have a permanent stop located at the food court at Tyrone Square Mall, and
strongly urges the Management at Tyrone Square Mall to permit the placement of this
stop at the food court so as to better serve the needs of the residents of Pinel/as
County.
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Section 2. The City Commission urges all other governmental agencies to
support PSTA's effort in any way possible
Section 3. The City Commission urges that the permanent bus stop location be
improved with bus benches immediately.
Resolution No. 99~03
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Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
11999.
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
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~PIItfAk' C'ty Alt
ame a . In, I orney
Cynthia E. Goudeau, City Clerk
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. Resolution No.
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RESOLUTION NO. 99-04 S Y
A RESOLUTION OF THE CITY OF CLEARWATER I FLORIDAI ASSESSING THE
OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED
THE OWNERS' LOTS.
WHEREAS, it has been determined by the City Commission of the City of Clearwater thatl
for the purpose of promoting the health I safety and general welfare of the citizens and residents of
the City; real property within the City should be cleared of weeds, rubbish, debris and other
noxious material; and
WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the
owner of each of the lots listed in Exhibit AI and the notice required each property owner to cause
the violation to be remedied or to file a notice of appeal within 10 days after the date the property
was posted; and
WHEREAS, the property owners have failed to take remedial action within the time
. provided and have failed to file a notice of appeal within the time allowed. or appealed the notice
of violation but failed to take remedial action within the time provided by the Code Enforcement
Board, and it became necessary for the City to take remedial action; and
WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and
opportunity within which to pay the costs and administrative charges set forth on Exhibit AI but no
payments have been received; now, therefore.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission tinds the preamble hereof to be true and correct.
Section 2. The City Commission hereby assesses a lien upon each parcel of real property
listed on Exhibit A for the actual costs of mowing or clearing I plus administrative costs, as shown
on Exhibit A.
Section 3. The City Clerk is hereby directed to prepare a notice of lien against each
property listed on Exhibit A and to record the same In the public records of Plnellas County.
Florida.
PASSED AND ADOPTED this
day of
.1999.
Rita Garvey
Mayor~Commissioner
Approved as to form:
Attest:
~--=> ~
John Carassas
Assistant City Attorney
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Cynthia E. Goudeau
City Clerk
ResoluUon No. 99-04
U EXHIBIT A " SL(
Property Owner Lel!al Descrlntlon Contractor's Admin.
~ Fee Total
.. 12/11/98 Forwarded to Lega 1
11/2/98
Wiliams, Maude Estate 1210 N Myrtle Ave 120.00 200.00 320.00
J L Johnson Palm Park, Block A, Lot w
1 0~29~ 15~65718~00 1-0020
Kaufmann, Bruce G Tre. 1209 Hollywood Ave 120.00 200.00 320.00
.. K & S Realty Trust #3 Wool Valley Unit 4
Block 10 Lot 18
08~29-16~991 02-010-0180
Cammarata, Francine P 1755 Sunrise PI 120.00 200.00 320.00
Saldana, Margarita C Clearview Lakes Estates, Lot 59
02-29-15~ 160 1 0-000-0590
Williams, Lewis C 1376 S Washington Ave 120.00 200.00 320.00
Lakeview Heights, Block G. Lot 17
22-29-15-48978-007-0170
Realty Asset Prop. Limited 1363 S Madison Ave 120.00 200.00 320.00
Lakeview Heights, Block I, Lot 4
22-29- 15-48978-009-0040
Cavaliere, Henry K 901 Pinellas St 120.00 200.00 320.00
Cavaliere, Rita M Milton Park. Block 14, Lot 6
21-29-15-58068-014-0060
Massad. Nazih B 108 N Meteor Ave 120.00 200.00 320.00
Massad, Waded Skycrest Unit 6, Block G, Lot 3
J 3-29-15-82476-007-0030
Haetler, George 1332 S Betty Ln 120.00 200.00 320.00
Haetler, Janet Salls Replat ofJrd Addition, Lot 9
22-29~ 15- 78570~OOO-OO90
Rossi, Mark J 708 Madera Ave 120.00 200.00 320.00
DelOra Gardens, Lot 25
09-29-16~20808-000~0250
CRC Properties Inc 321 Duncan Ave N 120.00 200.00 320,00
c/o Richard McDonald Drew Manor, Lot 39
11-29-15-22500-000-0390
t 1125/98
First National Bank of 1008 Garden Ave 120.00 200.00 320.00
Clearwater Eldridge JJ, Block C, Lot 28
09~29-15-25542-003-0280
City Housing Assist Corp 1104 Garden Ave 120.00 200.00 320.00
Palm Bluff JlI Additon, Lot 14
09~29-15-65466-000-0 141
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.."Preliminary Agenda
(W orksession) .
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PRELIMINARY AGENDA
Clearwater City Commission Worksession ~ 9:00 A.M. - Tuesday, January 19, 1999
Service Awards
Convene as Community Redevelopment Agency (CRA):
1. Call to Order
2. Approval of Minutes: 10/12/98 & special meeting 10/15/98
3. Appoint a CRA Trustee to the Executive Steering Committee for the Downtown Clearwater Joint
Venture for the Main Street Program .
4. Approve amended First Quarter Fiscal Year 1998-99 CRA budget
5. Approve establishment of an Economic Development Incentive Project Fund
6. Assistant City Manager Verbal Reports
7. Other Business
8. Adjourn
Convene as Pension Trustees:
1 . Call to Order
2. Approval of Minutes: 12/7 /98
3. Request for acceptance into membership: Phillip Cheek, Matthew Pippin, John A. Walton III,
Franklyn Campbell, Thomas Chaplinsky, & Tito Vieta
4. Other Business .
a) Discussion of Jeffrey Harper's first 4.5 years with City
5. Adjourn
Reconvene Worksession
PRESENT A TIO NS
1 . County Project re Retiming Signals
PUR PURCHASING
St. Petersburg Times, advertising services, 1/22/99-12~31-99, est. $30,000 (PCM)
Environmental Control Systems and Products, odor neutralizer to be used in all WPC facilities,
1/21/99-12/31/99, est. $150,000 (pw)-pu.\\ed. 0..-\- LoJo(~$e~siorJ
Coastline Equipment Company, Inc., one 1999 Case 580 Super L, tractor/backhoe/loader
(previously approved addition) to be used by PW/Wastewater Collection, $42,563.65; funding to
be provided under City's Master lease-Purchase Agreement (GSS)
Bill Currie Ford, three 1999 Ford F-250 pickup trucks (1 replacement & 2 previously approved
additions) with Knaphide utility bodies for use by Building & Maintenance, $64,872; funding to
be provided under City's Master lease-Purchase Agreement ($21,624) & cash ($43,248)(GSS)
Maroone Chevrolet, three 1999 Chevrolet S-10 pickup trucks (replacement), $53,073; funding to
be provided under City's Master lease-Purchase Agreement ($39,073) & cash ($14,000) (GSS)
Don Reid Ford, one 1999 Ford F-350 pickup trucks (replacement) with Knaphide utility bodies for
use by PW/Water Distribution, $23,222; funding to be provided under City's Master lease-
Purchase Agreement (GSS)
Maroone Auto Plaza, two 1999 Chevrolet C3500 pickup trucks (replacement) for use by Parks
Maintenance & Nursery, $42,466; funding to be provided under City's Master lease-Purchase
Agreement (GSS)
1/1 9/99
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Kaiser Pontiac-Buick GMC, Inc., four 1999 GMC Sonoma compact pickup trucks for use by CGS
Meter Readers, CGS Service & Repair & PW/Water, $48,017; funding to be provided under City's
Master lease-Purchase Agreement (GSS)
Don Reid Ford, one 1999 Ford Crown Victoria Police Pursuit Vehicle for use by Police
Department, non-scheduled replacement for an occident destroyed vehicle, $24,465; funding to
be provided under City's Master lease-Purchase Agreement (GSS)
Oakhurst Construction, design, construction & installation of pre-manufactured metal building at
E.C. Moore West Complex, $54,285.11 (OOl)
Duval Ford, three 1999 Ford taurus sedans (replacement) for use by Police/Criminal Investigation,
$45,569; funding to be provided under City's Master Lease-Purchase Agreement (GSS)
Garber Buick-Pontlac~GMC Truck-Chevrolet-Geo, three 1999 Chevrolet Monte Carlo investigative
vehicles (replacement), est. $46,482; funding to be provided under City's Master Lease-Purchase
Agreement (GSS)
M.T. Deason Company, gas materials (steel pipe & fittings), to be used throughout Gas System,
1/22/99-1/31/2000, est. $40,000 (GAS)
Progressive Industrial, one 1999 Marina Work Boat, $66,000 (OOll
Rowland Inc., Northwood Area Traffic Calming Phase I, $38,073.64 (PW)
Interprint Inc, Clearwater Magazine for distribution to citizens of Clearwater, 1/22/99-10/31/99,
est. $89,689 (a printing contract was awarded to Pinel1as Press on 11/19/98 however contractor
provided less than satisfactory magazine for 1 st issue; this award covers remaining three issues
during fiscal year}(PCM)
Comark Government Sales, one HP Netserver lH3 PII Mod 1 PED, computer hardware server for
use at MSB by IT personnel, $44,994 (GSS)
RDP Company, replacement & overhaul parts for heating elements used at NE Residuals
processing Facility of WPC, $66,266 (PW)
Bell Chevrolet, one 1999 Chevrolet CC15703 % ton pickup (replacement) for use by
Police/Office of Professional Standards, $16,038; funding to be provided under City's Master
Lease-Purchase Agreement (GSS)
Teco, Inc., one 1999 Navistar 4700 truck (replacement) with aerial lift for use by PW tUrban
Forestry, $83,157; funding to be provided under City's Master lease-Purchase Agreement (GSS)
Gateway Chevrolet, two 1999 Chevrolet Lumina midsize sedans (replacement) for use by
Police/Criminal Investigation, $29,624; funding to be provided under City's Master Lease-
Purchase Agreement (GSS)
Miracle Recreation Equipment Company c/o Miller Recreation Equipment and Design, Inc.,
purchase & installation of playground equipment (replacement) to be used at Holt/Martin Luther
King Playground, $30,660.41 (QOL)
Swartz Associates, Inc., purchase & installation of playground equipment (replacement) to be
used at Coachman Ridge Park, $28,562.84 (QOl)
Approve funding in the amount $21,191 for one 1999 Dodge pickup truck through City's Master
Lease-Purchase Agreement (This vehicle was purchased with an incorrect funding code,
however, was on the replacement list for the current fiscal year. The new vehicle has been
received from HiII~Kelly Dodge, Inc.)(GSS)
ED ECONOMIC DEVELOPMENT
1. Accept Quit Claim Deed for property located at 1108 N. Greenwood Ave., Greenwood Manor, N
32' of L9t 2 less road, lot 4 less road, and E 65' of Lot 5, $11,397.66
1/1 9/99
2
FN FINANCE
1 . Res. #99-02 - Establishing intent to reimburse certain project costs incurred with proceeds of
future tax~exempt financing; authorizing a Public Hearing; providing certain other matters in
connection therewith (Bond Reimbursement for Housing Revenue Bonds ~ Oaks of Clearwater)
2. First Reading Ord. #6370~99 ~ Authorizing issuance of not to exceed $35 million Housing
Revenue Bonds (BEF, Inc. Project) in one or more series to be applied to pay a portion of the cost
of the acquisition and rehabilitation of the Oak Cove and Bluff Cove buildings; providing for
payment of the bonds from the revenues of the project financed therewith and certain other
legally available funds; authorizing approval of the form of the financing documents by resolution;
making other covenants and agreements in connection therewith
3. Res. #99-12 - Establishing the intent to reimburse certain Infrastructure Sales Tax Revenue
project costs incurred with proceeds of future tax-exempt financing
GS GENERAL SUPPORT SERVICES
'1. Contracts to: Prototype Inc., "Fleet Anywhere" fleet management software system, $142,800;
Com ark Government and Educational Sales, computer hardware, $est. $72,000; and Oracle
Corp., database software, est. $30,000 - for total est. $244,800
HM HUMAN RELATIONS
1. Agreement with Career Options of Pinellas, Inc., administer City/s Summer Youth Employment
Program, $150,000 (Consent)
PD POLICE
1. Approve $26,715.91 donation in 1998 PILOT Funds, paid to the City by Clearwater Housing
Authority (CHA), to the Clearwater Homeless Intervention Project, Inc. (CHIP)(Consentl
2. Purchase of one Chevrolet Suburban vehicle, Garber Chevrolet-GEO, Inc., utilizing funds available
in 1997-98 Local Law Enforcement Block Grant awarded by US Dept. of Justice I Bureau of
Justice Assistance, $28,669 (Consent)
PR PARKS AND RECREATION
1. Contracts to Hoode and the Blowfish ($100,000) & The Beach Boys ($55,000) for concert
performances on 3/26/99 & 3/28/99; approve est. budget of $311,440; and authorize $155,000
from Vision Funds to cover initial expenses
TR TOURISM
1. Approve recommendations, agreement & release of funds in the amount $50,000 for Clearwater
Marine Aquarium improvements
PW PUBLIC WORKS
1. (Cont. from 12/10/981 Public Hearing & First Reading Ord. #6361-99 - Vacating E % r-o-w of N.
Prospect Ave., lying north of Laura Street and City',s request to vacate W % r-o-w of N.
Prospect Ave., lying north of Laura Street, subject to retaining a 10' drainage & utility easement
(Theta Homes, V98-09)
1/1 9/99
3
2. Public Hearing & First Reading Ord. #6383~99 - Vacating 5' Utility Easement lying along rear of
Lots 1-13, Blk E, Hibiscus Gardens (Cleveland Plaza, ltd., V99-01)
3. Public Hearing & First Reading Ord. #6384~99 - Vacating W 2.5' of 10' Drainage & Utility
Easement lying along E side of Lot 473, Morningside Estates, Unit 6B, less northerly 5' (Dunham,
V99-02)
4. Public Hearing & First Reading Ord. #6385~99 - Vacating 3' x 20' Utility Easement lying along
easterly lot line of Lot 37, Ambleside First Addition (Polglaze, V99-03)
5. Contract, in 3 counterparts, for 1,289 sq.ft. strip of r-o-w along west side of Madison Avenue,
George W. Stone, Trustee, Sun Trust Bank Nature Coast, Trustee, & Sally Jo Forester, for
$9,023 plus est. closing expenses of $675, for total not to exceed $9,698 (Consent)
6. Sidewalk Contract 1998-99, Purvis Curbs Corp., $474,006.71
7. Contract for Jeffords Street Lift Station #7 (Drain::Jge, Gravity Sewer, Force Main & Water Main
Improvements), Steve's Excavating & Paving, Inc., $737,000
8. Contract for Clearwater Airpark installation of Runway & Taxiway Lighting System, H.L. Pruitt,
Inc., $185,645.90
PLD PLANNING & DEVELOPMENT SERVICES
1. Public Hearing & First Reading Ords. #6362-99 & #6363-99 - Annexation & RS-8 Zoning for
property located at 1220 Stockton Dr., Stevenson's Heights, Blk C, Lot 8 (Fannie Fleming, A98-
30)
2. Public Hearing & First Reading Ords. #6364-99 & #6365-99 - Annexation & RS-6 Zoning for
property located at 2185 Burnice Dr., Glen Ellyn Estates, Lot 32 (David & Margaret Clark and
David & Daria Warner, A98-31)
3. Public Hearing & First Reading Ords. #6366-99 & #6367-99 - land Use Plan Amendment to
Institutional & P/SP Zoning for property located at 902, 904 & 906 Grant St., First Addition to
Norwood, Blk B, Lots 1-3 (James & Bonnie Jackson, Ester Hunt, & Saint John Missionary Baptist
Church of Clearwater, Inc., LUP98-11, Z98-13)
4. Variance(s) to Sign Regulations for property IWinn Dixie) located in Northwood Plaza Shopping
Center, 2514 McMullen Booth Road, Sec. 28-28-16, M&B 33.02 IJohn Hancock Life Insurance
Co., SV98-24)
5. Receipt/Referral - Relating to Building Permit Regulations; amending Ch. 47 by creating new Sec.
47.084 to require demolition fencing (Consent)
6. Interlocal Agreement with Town of Belleair for City to provide building construction inspection
services at the cost of $25 per inspection, 10/1/98-9/30/99 IConsent)
7. Public Hearing - South Greenwood Neighborhood Police Substation & Family Service Center -
accept donation at and declare surplus real property located at NW corner of S. Greenwood
Avenue & Woodlawn Street from Community Service Foundation; waive $13,108 in city
demolition & lot clearing liens; approve 1 year lease to Community Service Foundation to build a
family center; authorize up to $100,000 in Capital Improvement Funds to build district parking lot
& landscaping; and approve a 30 year lease with Foundation Village Neighborhood Family Center,
Inc.
8. Public Hearing & Second Readinq Ord. #6348-99 - new Community Development Code
CM ADMINISTRATION
1. Approve $73,800 to complete financial/legal contract with Nabors, Giblin & Nickerson, P.A. for
assistance in special finance issues associated with Gulf to Bay corridor Enhancement Project
1119/99
4
ClK CITY CLERK
1 . Beautification Committee - 2 appointments
2. Parks and Recreation Board - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend
defined areas for speed restrictions of vessels (extends wake zone in Mandalay Channel by
approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel
Daybeacon #1)
2. Ord. #6354-99 - Annexation for property located at 148 Baywood Ave., Eastwood Terrace 2nd
Add., Blk D, lot 25 (Julian & Pauline Bridges, A98-28)
3. Ord. #6355*99 - RS-6 Zoning for property located at 148 Baywood Ave., Eastwood Terrace 2nd
Add., Blk D, Lot 25 (Julian & Pauline Bridges, A98-28)
4. Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement lying along south side of Lot
6, Blk H, Northwood Estates - Tract F, less easterly 5' (Erickson, V98-07)
5. Ord. #6360-9S - Vacating 10' Utility Easement lying along south side of Lot 16, Forest Estates
(Cooley, V98-08)
6. Ord. #6371-99 p Submitting to the City Electors proposed non-substantive amendments to the
City Charter
7. Ord. #6372-99 - Submitting to the City Electors a proposed amendment to the City Charter
amending Sec. 1.01 to transfer certain language contained in subsection (d) to subsection (a) and
to clarify subsection (b) to allow the City to exercise its powers, perform its functions, and
participate in the financing thereof, with any person as defined by law
8. Ord. #6373-99 - Submitting to the City Electors proposed amendments to the City Charter
amending Sec. 2.01 (d) regarding limitations on Commission power to eliminate charter
restrictions on pur<?hasing of goods and services; to increase amount of dredging permitted
without referendum; to permit the ~ale, lease or donation of real property for less than appraised
value; to limit leases of municipal property to 30 years; to eliminate the requirement of recapture
and reverter clauses in leases; making certain non-substantive changes
9. Ord. #6374-99 - Submitting to the City Electors a proposed amendment to the City Charter
amending Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in
addition to any partial term, and to provide that Commissioners shall be sworn in at the next
Commission meeting iollowing their election; and other non-substantive changes
10. Ord. #6375-99 p Submitting to the City Electors proposed amendments to the City Charter
amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boardsi amending
Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec.
4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding
ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding
nonpartisan elections to address advertising under the control of the candidates
, ,. Ord. #6376-99 - Submitting to the City Electors a proposed amendment to the City Charter
amending Sec. 7.02 to change the composition of the Charter Review Committee; to require that
the charter amendments proposed by the committee be submitted directly to referendum
12. Ord. #6377-99 - Submitting to the City Electors a proposed amendment to the City Charter
repealing Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum
for revenue bond projects in excess of one million dollars
1/19/99
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First Reading Ordinances
1 . Public Hearing & First Reading Ord. #6368-99 - Readopting the land Use Plan Amendment
previously adopted by Ord. #6172-97, to Recreation/Open Space and Preservation for property
located at 2950 Drew Street, Sec. 8-29-16, M&B 44.01 (City of Clearwater, lUP97~07)
Resolutions
1. Res. #99-03 - Supporting Pinellas Suncoast Transit Authority's efforts to obtain a permanent
stop at Tyrone Square Mall
2. Res. #99-04 - Assessing property owners the costs of having mowed or cleared owners' lots
OTHER CITY ATTORNEY ITEMS
1. Request authorization to hire Paul Meissner of Carlson, Meissner, Webb, Dodson & Hart, P.A. for
consulting on matters involving Police Department and potential civil rights litigation
City Manager Verbal Reports
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Commission Discussion Items
1. City interest in Olympics 2012
2. Tom Mudano - set date for Clearwater Block Party Day - possible name change for event
Presentation'(s) for Thursday Night
1. Turkey Trot Awards
Other Commission Action
Adjourn
1/19/99
6
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TO:
Rita Garvey, Mayor
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FROM: Betty Blunt, Confidelltial Clerk
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copms: City Conunissioncrs, Michael Roberto, Cyndie Goudeau
SUBJECT: Presentation at the Jalluary 19, 1999 Work Session
DATE: J auuary 19, 1999
The following presentation will be made at the January 19, 1999 Work Session.
5 years
Barbara Moon, Parks and Recreation (letter of appreciation, pin with city seal)
10 years'
Robert Garrett, Public Works (letter of appreciation, desk clock)
Michael Murray, Finance (Iettcr of appreciation, wall clock)
25 years ,
Ellen Foster, Gas System, (letter of appreciation, day off with pay, dinner certificate of
$100.00)
EMPLOYEE OF THE MONTH, December, 1998 is Kelly J. O'Brien, Cleanvater Gasy
System
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':>:note:' eRA agenda pack
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Clearwater City Commission
Agenda Cover Memorandum
ptA 1/ ed
Worksesslon Item #:
Final Agenda Item #
Meeting Date:
l.~I8j
SUBJECT/RECOMMENDA TION:
Approve $73,800 to complete the financialllegal contract with Nabors, Giblin & Nickerson, P,A. for
assistance in special finance issues associated with the Gulf~to-Bay corridor Enhancement Project.
l!I and that the appropriate officials be authorized to execute same.
SUMMARY:
. At the November 3, 1997 Work Session, the Commission was given an overview of the Gulf-te-Bay
Project at which time it was estimated that $50,000 would be needed to develop the scope of the
project. At the November 6. 1997 Commission Meeting, a $24,000 retainer agreement with NGN
(Nabors\ Giblin & Nickerson) was approved. NGN did a feasibility study and analysis of available
funding to implement the project and submitted a report to the Commission in the Summer of 1998.
Thus far, NGN has developed the following items:
. municipal funding options
. special assessments districts
. tax increment financing
. combined financial scenarios
. minimum and maximum property values expectations
. proforma calculations on impartial properties
NGN has continued its work to develop specific recommendations for financing the Gulf- To-Bay
Enhancement Project. To date, the consultant has worked beyond the initial estimate in the amount of
$11 \600. An additional funding amount of $37,200 is needed for completion of the next project phase
which will provide the City with:
. development of a GIS-based boundary description of the benefit area
. determination of assessment revenue requirements and identification of all non-assessment
revenue sources available.
. development of specific proforma assessment rates and methodology which will meet all
statutory requirements.
. development of a preliminary assessment data base conducive to collecting the annual
assessment and capable of being annually updated and used in subsequent years,
. Final implementation strategy.
Reviewed by: Originating Oept: J Costs
Legal Info Srvc nfa City Manager's Office j \ Total $73,800
Budget ~ PubJfc Works .~. User Dept. /1 y Funding Source:
Purchasing DCM/ACM Public Works Admlnlstr tlonl Current FY
City Manager's Office , X Cl X
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RIsk M9":lt n/a Other -!!!L Attachments 'I OP
Finance Othor
SubmItted by: (Vl::Jp., ~ o NOlle
City Manager Appropriation Code:
315-92262-561200-541..000
o Printed on recycled paper Rev.2/9B
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