04/03/2003
CITY COMMISSION
MEETING
04/03/03
NOTE: 03-31-03 PRELIMINARY (WS) AGENDA & PAPER WORK THAT
W AS IN PACKET INITIALLY BUT THEN NOT CONTINUED ONTO
THURSDAY'S COMMISSION AGENDA IS AT THE BACK OF THIS
AGENDA PACK.
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
FROM:
Mayor and Commissioners ,...(1
(OJ \... I)
Cyndie Goudeau, City Clerk)'.,/D
r
Follow up from March 31, 2003 Work Session
SUBJECT:
COPIES:
William B. Horne, City Manager
DATE:
April 1, 2003
In response to questions raised at the March 31 Work Session, the following answers are
provided in final agenda order:
Unapproved Minutes of the March 20, 2003 Commission Meeting are provided.
Item #7 - Ordinance 7105-03 - approve amendments to the Community Development Code
regarding short-term rentals -
a) A color coded map of the Acacia area that appears to be more tourist oriented is
provided
b) Question regarding information on property that has been purchased as two
separate lots on which small homes were torn down in order to build a larger home -
memo from Cyndi Tarapani is provided.
Item #16a - Cox Radio Tampa Bay - Events and Festivals Revenue/Expense Worksheet is
provided,
Item #17 - Approve Letter of Intent for 300-space public parking garage (Pelican Walk) -
a) Question regarding definition of what owner's representative will be doing and the
costs: Proposed comprehensive scope of services continuing through construction;
includes design recommendations, plan reviews and construction inspections. Ballpark
cost of $30,000 - $40,000
b) Question regarding ability to take advantage of funding associated with the Mack
project: memo from City Attorney, Pam Akin is provided.
Item #20 - Four additional Park Service Technicians - a comparison of the Current Level of
Service with the current contracts and the New Level of Service with the additional positions is
provided.
Miscellaneous - Public Works has notified CSX about the crossing at Pinellas Street and also
Jeffords Street,
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, April 3,2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Commissioner Hamilton
ITEM #2 - Pledqe of Alleqiance - Mayor
ITEM #3 - Introductions, Awards and Presentations - Given
a) Proclamation: Boys and Girls Clubs Week - 4/6-12/03
ITEM #4 - Approval of Minutes - 3/20/03
ACTION: Minutes approved as submitted.
ITEM #5 - Citizens to be heard re items not on the Aqenda - None
PUBLIC HEARINGS
ITEM #6 - Public Hearinq & First Readinq Ord. 7119-03 - approve the applicant's request to
vacate First Avenue West street riQht-of-way from the north riqht-of-way line of Woodlawn
Street to the north property line of Lot 20. Belleair Hiqhlands Subdivision, (aka 638 Woodlawn
Street), subject to the retention of a drainage and utility easement over the full width of the right-
of-way.
ACTION: Approved. Ordinance passed 1st reading.
ITEM #7 - Public Hearinq & First Readinq Ord. 7105-03 - approve amendments to the
Community Development Code c1arifyinq definitions of residential use, dwelling unit and
overnight accommodations and adding a new section regarding prima facie evidence of certain
uses.
ACTION: Approved. 4:1 (H) Ordinance passed 1 st reading. 4:1 (HH)
Approved initiation of rezoning area west of Mandalay between Acacia and
Kendall.
Public Hearing - Second Reading Ordinances
ITEM #8 - Ord 7063-03 - Amend the Community Development Code allowinq for sidewalk cafes
to be located on private property and on public rights of way in the Downtown and Tourist
districts.
ACTION: Ordinance adopted.
ITEM #9 - Ord. 7073-03. amendinq Code of Ordinances Section 28.04 to allow approved
sidewalk cafes to sell food on public property.
ACTION: Ordinance adopted.
ITEM #10 - Ord. 7074-03. amendinq Code of Ordinances Section 6.31 to allow approved
sidewalk cafes to sell alcoholic beveraqes on public property.
ACTION: Ordinance adopted.
ITEM #11 - Ord. 7092-03 - Approve the applicant's request to vacate part of the drainaqe and
utility easement located on Lot 51, Countryside Tract 94. (A.K.A. 2662 Beaumont Court) more
particularly described in Exhibit "At! attached (V2003-02 Catalanotto).
ACTION: Ordinance adopted,
Commission Action Agenda 2003-0403
1
ITEM #12 - Ord. 7096-03 - Approve the ZoninQ Atlas Amendment from the 0, Office District,
to the I, Institutional District for 300 Pinellas Street (Lots 16 and 18, less the West 85 feet
thereof, C. Perry Snell's Bluff View Court, in Sec. 21-29-15) REZ2002-12004
ACTION: Ordinance adopted.
ITEM #13 - Ord 7097-03 - First Quarter 2002-2003 Amended Operatinq Budqet
ACTION: Ordinance adopted.
ITEM #14 - Ord 7098-03 - First Quarter 2002-2003 Amended Capital Improvement Budqet
ACTION: Ordinance adopted.
ITEM #15 - Ord. 7099-03 - Amend Section 3-1508 of the Community Development Code,
reqardinq noise.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #16-26) - Approved as submitted
ITEM #16 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum:
a) Cox Radio Tampa Bay, St. Petersburg, Florida, revenue payments for concert sponsorship
during the period: March 21, 2003 through March 31, 2004 for $300,000 (PR)
b) Infinity Broadcasting, St. Petersburg, Florida, revenue payments for concert sponsorship
during the period: March 21, 2003 through March 31,2004 for $300,000 (PR)
c) Gallagher Bassett Services, Itasca, Illinois, claims paid by the City's third party administrator
during the period: April 4, 2003 through September 30, 2003 for $310,000 (FN)
d) Board of County Commissioners, Pinellas County, increase award for County/City joint
project - Keene Road 1A (Druid to Drew) for $480,806.59 an increase of $52,215.83 (EN)
e) Declare surplus and authorize disposal through sale at Tampa Machinery Auction,
miscellaneous surplus (PUR)
ITEM #17 - Approve terms in Letter of Intent and direct the Administration and Legal
Department to develop a final contract for the construction of a 300-space public parkin!:! qarage
(Pelican Walk) (ED/HSG)
ITEM #18 - Approve a two-year extension to the Bond Counsel Retainer Aqreement with Bryant,
Miller and Olive. P.A. to serve as the City's bond counsel (FN)
ITEM #19 - Approve a two-year extension to the Disclosure Counsel Retainer Aqreement with
Nabors, Giblin & Nickerson, P.A., to serve as the City's disclosure counsel (FN)
ITEM #20 - Approve four (4) additional Park Service Technicians positions (4.0 FTE) to be
added to the Parks and Recreation beach maintenance team (PR)
ITEM #21 - Approve an additional .5 FTE pool Quard positions for Morningside and North
Greenwood Recreation and Aquatic Complexes (PR)
ITEM #22 - Ratify and confirm chanqe order #1 to a contract with American Water Services
Underground Infrastructure. Inc. formerly Azurix North America Underground Infrastructure,
Inc. in the amount of $30,649 for cleaning of the wastewater interceptor system from the east
side of US 19 to the Bayside Bridge, for a new contract total of $185.499 (PW)
Commission Action Agenda 2003-0403
2
ITEM #23 - Appoint Donald "Scott" Armstronq to the Airpark Advisory Board (ORLS)
ITEM #24 - Appoint Jan Requlski to the Library Board (ORLS)
ITEM #25 - Appoint to the Nei~hborhood and Affordable HousinQ Advisory Board (NAHAB)
Lisa A. Hughes in the Advocate for low income housing category, John Sabatier in the
Banking/mortgage industry category and Donald F. Brackett in the Residential building industry
category (ORLS)
ITEM #26 - Appoint Saundra Curry to serve on the Aircraft Noise Abatement Task Force
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #27 - Adopt Res. 03-18 authorizinq the City to enter into an aqreement with CSX
Transportation, Inc. for installation of one (1) 8" reclaimed water main in the CSX right-of-way as
part of the Harbor Oaks Reclaimed Water System project; and approve Pipeline Crossing
Agreement No. CSX-044932.
ACTION: Approved. Resolution adopted.
ITEM #28 - Adopt Res. 03-19 authorizinq the City to enter into an aqreement with CSX
Transportation, Inc. for installation of one (1) 16" reclaimed water main in the CSX right-of-way
as part of the Harbor Oaks Reclaimed Water System project; and approve Pipeline Crossing
Agreement No. CSX-044933.
ACTION: Approved. Resolution adopted.
ITEM #29 - Adopt Res. 03-20 acceptinq Florida Department of Transportation (FOOT)
Supplemental Aqreement #5, increasing funding by $135,000 in an existing Joint Participation
Agreement (JPA) at Clearwater Airpark.
ACTION: Approved. Resolution adopted.
ITEM #30 - Update re IAFF contract neqotiations.
ACTION: Update given.
ITEM #31 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #32 - Other City Attorney Items - None.
a) Adopt Res. 03-17 to correct scrivener's errors in the title and body of Res. 03-07 passed
02/20/03,
ACTION: Resolution adopted.
ITEM #33 - City Manaqer Verbal Reports - None.
ITEM #34 - Commission Discussion Items
Mobility Initiative Governance
ACTION: Report that MPO had endorsed creation of a new 11-member Countywide
Independent Transit Authority that would Inherit the PST A.
Commission Action Agenda 2003-0403
3
ITEM #35 - Other Commission Action
Hibbard, Jonson, Hamilton, and Aunqst said they had attended Neighborhood Day
festivities, thanked staff for their coordination of events, and encouraged all neighborhoods to
participate next year.
Hibbard said on 3/30/03, he had attended the ground breaking at the Calvary Baptist Church
on McMullen-Booth Road. He said it was sad to see the church moving after more than a
century downtown.
Hibbard said the Phillies last day of Spring Training was yesterday. He wished them
success this year.
Hibbard said he had a successful trip to Tallahassee this week and discussed issues with
the legislative delegation. He thanked Representative Carassas for his support of legislation to
double speeding fines in residential neighborhoods to encourage traffic calming.
Gray said she had received the Parks & Recreation Department annual report and
complimented the department for their hard work. She recommended the report be available for
public review.
Gray congratulated the Mayor on his candidacy for Clerk of the Court,
Gray said on 5/6103, the Library Foundation, in cooperation with the Fresh Market, has
scheduled a fund raiser featuring wine tasting and hors d'oeuvres from 7:00 to 9:00 p.m.
Jonson said in Tallahassee he had learned it is difficult to challenge FLC sponsored
legislation, He complimented Representative Carassas' skills at running a meeting and
persuasion.
Jonson said the EPA has initiated international consultations to dump into the Gulf of Mexico
dangerous levels of contaminated water collecting at the Piney Point phosphate plant.
Jonson recommended residents practice random acts of kindness and beauty.
Hamilton and Aunqst said it was fun watching the final Spring Training game at Jack Russell
Stadium.
Hamilton encouraged families to attend Clearwater Phillies games during the team's last
season at Jack Russell Stadium.
Aunqst said the 3/22/03 Paint Your Heart Out Clearwater was a great success and thanked
volunteers, participating businesses and sponsors for this great event.
Aunqst said on 3/30/03, he had attended the farewell ceremony for Tampa Mayor Dick
Greco at the Ice Palace,
Aunqst said on 4/1/03, he had attended the welcome ceremony for new Tampa Mayor Pam
Iorio at the Tampa Convention Center.
Commission Action Agenda 2003-0403
4
AunQst invited residents to attend the Rally for America at Coachman Park on 4/5/03 from
10:00 a,m. to 12:00 noon to support America and troops.
AunQst said on 4/6/03, he will attend an appreciation tea for the Friends of the Library at the
East Library from 2:00 to 4:00 p,m.
AunQst said on 4/10/03, he will attend the Achievement Awards Banquet for the annual City
Employee Recognition luncheon at the Harborview Center.
AunQst invited residents to attend Sunsets Beach Fest on 4/11-13/03 at Pier 60 for music
and fun events.
AunQst thanked Danielle Dilday of the Skycrest Neighborhood who had presented him with
a drawing.
AunQst acknowledged actions by city worker. John Lyons, who went beyond the call of duty
by helping find a resident's dog.
AunQst said the next Work Session is on 4/14/03 at 1:00 p.m.
ITEM #29 - Adiournment - 9:19 p.m.
Commission Action Agenda 2003-0403
5
Final Agenda Item #
Meeling Date:
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
-
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate First Avenue West
street right-at-way trom the north right-ot-way line of Woodlawn Street to the north property line
at Lot 20, Belleair Highlands Subdivision, (A.K.A. 638 Woodlawn Street), subject to the retention
at a drainage and utility easement over the tull width of the right-at-way and pass Ordinance
Number 7119-03 on first reading, (V2003-03 Horace),
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· The applicant is seeking approval of the vacation request in order to make the existing single-family home
meet zoning setback requirements.
· The Planning Department has no objections to the vacation request but has advised the applicant that two
paved parking spaces will be required in place of an unpaved driveway once the right-of-way becomes private;
presently an unpaved driveway passes over this right-of-way providing access to the property,
. Progress Energy, Time Warner Cable, Verizon and Verizon Media Ventures have no objections to the
vacation request so long as a drainage and utility easement is retained.
. The City of Clearwater has storm facilities and a 6-inch water line in the right-of-way portion subject of this
request.
· Public Works Administration has no objections to the vacation request subject to a drainage and utility
easement being retained over the full width of the right-of-way.
Reviewed by: __
Legal /'? j) it
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Info Srvc
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Originating Dept: ';~'I
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Public Works Admlnlstrat n
Steve Dohertv
User Dept.
N/A
Costs N/A
Total
Budget
Purchasing
Risk Mgmt
Public Works
DCM/ACM
Other
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager D'I. JI
tM 1IW44-.-
Attachments
Ord.7119-03
Locallon Map
Approprlatlon Code:
o Printed on recycled paper
VACATION 2003-03 Horaco
ORDINANCE NO. 7119-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING FIRST AVENUE WEST (FORMERLY
EAST ROAD), FROM THE NORTHERLY RIGHT-OR-WAY
LINE OF WOODLAWN AVENUE TO THE EASTERLY
EXTENSION OF THE NORTH PROPERTY LINE OF LOT
20, BLOCK "0" OF BELLEAIR HIGHLANDS SUBDIVISION,
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER THE FULL WIDTH THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Betty J. Horace and Henry D. Horace owner of real property located
in the City of Clearwater, has requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be in 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:
First Avenue West (formerly East Road), from the northerly right-of-way line of
Woodlawn Avenue to the easterly extension of the north property line of Lot 20,
Block "0", Belleair Highlands Subdivision, as recorded in Plat Book 5, Page 98,
Official Records of Pinellas County, Florida, subject to retention of a drainage and
utility easement over the full width of the right-of-way to be vacated.
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto [, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon].
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.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
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Assistant CityAttorney I
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordll1ance No 7119-03
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Final Agenda Item #
Meeting Date:
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Oearwater City Commission
Agenda Cover MemorandulTI
Worksession Item #:
04-03-03
SUBJECT/RECOMMENDATION:
APPROVE Amendments to the Community Development Code Clarifying Definitions of Residential Use,
Dwelling Unit and Overnight Accommodations and Adding a New Section Regarding Prima Facie Evidence of
Certain Uses and PASS Ordinance No. 7105-03.
[8J and that the appropriate officials be authorized to execute same
SUMMARY:
The issue of short-tenl1 rentals of residential properties surfaced last summer and a detenllination was made that
such use is not a penllitted primary use in a residential zoning ordinance. In an attempt to further clarify that this
use is not allowed, proposed Ordinance No, 7] 05-03 includes amendments to existing definitions in Artic]e 8 of
the Community Development Code and one new provision to Article 3, General App]icability. The proposed
amendments arc as follows:
. Clarify that a residential use located in a residential zoning district does not include uses that are rented
for periods of less than 31 days or one calendar month, whichever is less;
. Expand definition of dwelling unit to specify that a dwelling unit located in a residential district shall be
used only for a residential lise, unless otherwise speci fied;
. Revise definition of overnight accommodations to solely focus on the temporary occupancy of a property;
and
. Add new provision that identifies what constitutes prima facie evidence of a use located in a residential
zoning district that rents for periods of less than 31 days or one calendar month, whichever is less.
Attached please find the staff report for further analysis and Ordinance No. 7105-03.
The Community Development Board (COB) will review the proposed amendments at its regularly scheduled
meeting on March 18, 2003. The Planning Department will report the recommendations of the CDB at the City
Commission meeting.
Reviewed by:
Legal
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Originating Dept.:
PLANNING DEP~RTMENT
Gina L. Claytor( Jr )
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Planning C...P
Attachments:
ORDINANCE NO. 7105.03
STAFF REPORT
Costs
Total N/A
Budget
Purchasing
N/A
N/A
Public Works N/A
DCM/AC~
Other
Current N/A
FY
Funding Source:
CI
Risk Mgmt N/A
OP
Other
Submitted by: ""ft- A' 11
City Manager ~ ~.."";.".
o Printed on recycled paper
o None
Appropriation Code:
ORDINANCE NO 7105-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, BY CREATING SECTION 3-918,
PRIMA FACIE EVIDENCE OF CERTAIN USES IN RESIDENTIAL
ZONING DISTRICTS; AI"fENDING ARTICLE S, DEFINITIONS
AND RULES OF CONSTRUCTION, BY REVISING FOR
CLARIFICATION PURPOSES THE DEFINITIONS OF DWELLING
UNIT, OVERNIGHT ACCOMMODATIONS AND RESIDENTIAL
USE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the intent of each residential zoning district in the City of Clearwater is
to protect and preserve the integrity and value of existing stable residential neighborhoods;
and
WHEREAS, a purpose of the City of Clearwater Community Development Code is to
preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102 and
provisions of Article 2 Zoning Districts regarding the intent and purpose of the residential
zoning districts; and
WHEREAS, historically, the City of Clearwater Code of Ordinances has not
permitted the short-teml rental of dwelling units in traditional residential neighborhoods; and
WHEREAS, conflict occurs when such commercial uses operate in residential
neighborhoods; and
WHEREAS, the peace, safety and welfare of residents and owners III residential
zoning districts may be detrimentally affected by short-term rentals; and
WHEREAS, the City of Clearwater has received comments regarding the excessive
noise, noise at late hours, lack of parking for additional vehicles and litter accumulating in
public areas generated by short-term rentals; and
WHEREAS, the Clearwater Comprehensive Plan directs commercial land uses to be
located at the intersection of arterial or collector streets and be sited in such a way as to
minimize the intrusion of off-site impacts into residential neighborhoods; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing,
considered all public testimony and has detennined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now,
therefore,
Ordinance No. 7105.03
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Article 3. Devclopmcnt Standards, Division 9, General Applicability
Standards, is hereby amcnded by adding a new provision, Scction 3-918 as follows:
Section 3-918. Prima Facie Evidence of Certain Uses in Rcsidcntial Zoning
District.
Prima facie cvidence of ccrtain uscs locatcd in any residcntial zoning district,
consisting of rcntals for pcriods of lcss than thirty-one (31) days or one calendar
month, whichever is less, and advertising or holding out to the public as a place
rcnted for periods of less than thirty-one (31) days or one calendar month,
whichevcr is less, shall include but not be limited to one or more ofthc following:
a. Registration or licensing for short-teml or transient rental use by the statc
under Florida Statutcs, Chapters 212 (Florida Tax and Revenue Act) and 509
(Public Lodging Establishments);
b. AdvcrtisiIH!. or holding out a dwelling unit for tourist housing or vacation
rental use;
c. Reservations, booking arrangements or more than one signed lease, sublease,
assignmcnt or any othcr occupancy agreemcnt for compcnsation, tradc, or
othcr lcgal considcration addressing or overlapping any period of less than
thirty-onc (31) days or one calendar month, whichever is lcss; or
d. Use of an agent or othcr third person to make rcservations or booking
arrangemcnts.
Section 2. Article 8. Dcfinitions and Rules of Construction, Section 8-102,
Definitions, is hcreby amcnded by revising the definition of dwelling unit as follows:
Dwelling UI/it means a building or portion of a building providing independent
living facilities for onc family including provision for living, slceping, and
complete kitchen facilities. A dwelling unit locatcd in any residential zoning
district shall be uscd only for a residential use, unlcss otherwise specified.
Section 3. Articlc 8, Dcfinitions and Rules for Construction, Section 8-102,
Definitions, is hereby amendcd by revising the definition of overnight accommodations
as follows:
Ovemight accommodations means any use that provides transicnt lodging
accommodations to thc public, including intcrval ownership. Allowable
accessory uses shaH bc intcgral to the princinal use and may include, but shall not
2
Ordinance No. 7105-03
be limited to, offices. restaurants and retail provided such uses are integral to the
primary use. building or portion thereof designed and used primarily to provide
sleeping accommodations for transient guests for a daily or weekly rental charge
and including interval ownership and such officc, meeting, restaurant facilities as
are integral to its primary function.
Section 4. Article 8, Definitions and Rules for Construction, Section 8-102,
Definitions, is hereby amended by revising the definition of residential use as follows:
e. Residential Use means a permanent place of residence for a family. A
residential use located in any residential zoning district shall not include
rentals for periods of less than thirty-one (31) days or one calendar month,
whichever is less, or which is advertised or held out to the public as a place
rented for periods of less than thirty (31) days or one calendar month,
whichever is less.
Section 5. 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 whole, or any part thereof other than the part declared to be invalid.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
, (
/ .. : 'I (
" /
,". /" '/''. ~~'-:,.;i" f "
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinancc No. 7105-03
CDB Mecting Date:
Casc Numbcr:
Agcnda Itcm:
March 18,2003
T A2003-02002
C-7
CITY OF CLEAR\VATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendmcnts to the Community Development Code -
Ordinancc No. 7105-03
INITIATED BY:
Planning Departmcnt
BACKGROUND INFORMATION:
The issue of short-tel111 rentals of residential properties surfaced due to a citizcn
questioning thc Community Response Tcam (CRT) about the zoning regulations for this
use. Thc CRT requested input from thc Planning Dcpartment on this issue and the
Department detcl111incd that sh0l1-teml rcntals are not a pcnllittcu use in thc residential
zoning district. The Community Responsc Team scnt cducation lettcrs to threc propel1y
owners, who arc rcnting N0I1h Bcach propcrties on a short-tel1n basis, advising thcm that
this typc of use of a rcsidcntially zoncd propcrty is not pCl111itted.
At the Scptember 16, 2002 City Commission Workscssion, thc Planning Department
made a prescntation on City rcgulations and those from the Rules Conceming the
Administration of thc Countywide Futurc Land Use Plan (Countywide Rulcs) addressing
the issue renting of rcsidential propcrty on short-tCI111 basis. There was gencral
agreement by the Commission that somc code amendments should be considered to
further clarify that this is not a rcsidential use allowcd in the residcntial zoning districts.
The City Commission hcld a public input mecting on this issue on Novembcr 17,2002 at
the Clcarwater Beach Recreation Ccntcr with approximately 200 pcoplc in attendance
and exprl'ssed opinions on both sidc of this issue. At the January 21, 2003 City
Commission Worksession, thc Planning Dcpartmcnt requcsted clarification from the City
Commission regarding thc rental pcriod that constitutes a short-term rcntal. The majority
ofthc City Commission supp0l1cd a timc pcriod of thirty days.
Staff Report - Community Developmcnt Board - i\larch IS, 2002 - TA2003-02002 1
ANAL YSIS:
Existing COl11lllunit\' DcvcloJ)ll1cnt Codc Pr()\'isions
The intcnt and purposc of the Clearwater residential zoning districts is "to protect and
prescrvc the integrity and valuc of existing. stablc residential neighborhoods whilc at the
same timc, allow a carcful and dcliberate redcvcloplllcnt and revitalization of such
neighborhoods in thc nccd of rcvitalizatinn or ncighborhoods with unique amenities
which crcate uniquc opportunitics to increasc property valucs and the overall
attractiveness of thc City." These distril:ts primarily allow dctachcd and attachcd
dwellings. which arc dwellil/g units thai arc cithcr scparated from any othcr principal
building or sharc common walls with a lcast onc other dwelling ul/it. A dwellil/g unit is
defincd "as a building or portion of a building providing indcpcndcnt living facilities for
one fami(l' including provision for living. slecping and completc kitchcn facilitics," A
fami(\' is defincd as "one or morc persons occupying a dwelling unit and living as a single
housckccping unit." This implics a long-tellll or pel111ancnt relationship as opposed to
one that is short-tCI111 and transicnt. Based on thc above definitions and purpose, thc
short-tCllll rcntal of dctached and attached dwcllings in rcsidcntial districts is not
pennittcd.
Ovemight accommodations are defincd as "a building or portion thercof dcsigned and
used primarily to providc slceping accommodations for transient guests for a daily or
weckly rcntal charge and including interval owncrship and such office, meeting,
restaurant facilities as arc intcgral to its primary function," Ovcmight accommodations
as a primary use are pen11itted in scvcral of thc nonresidential districts. In all but one
residcntial district, ovcmight accommodations may be pemlittcd if the usc is acccssory to
the principal building as a private residence. It should be notcd that in order for this usc
to be dctcnllincd consistent with the Countywide Rules, the City had to clarify its
accessory nature. In the multi-family districts. (MDR, r-..lHDR, and HDR) a small portion
of the total units of a multi-family projcct may be allowed for use as ovcmight
accommodations because it is accessory to the primary usc of the property. This
provision does rcquire review and approval by eithcr the Community Dcvelopmcnt
Coordinator or Community Developmcnt Board. Bclow plcasc find a tablc indicating the
districts in which ovcmight accommodations arc pcnnittcd.
Staff Rcport - Community Dcvclopmcnt Board - i\larch IS. 2002 - T A2003-02002 2
Zoning District Permitting Overnight Accommodations
Zoning District*
Minimum
Standard Cse
Flcxiblc Standard
Use
Flexiblc Use
Low Density
Rcsidential
X
(must be accessory to
the residence)
X
(must bc accessory to
the residence)
X
(must be accessory to
thc rcsidcnce)
X
(must be accessory to
thc residence)
Medium Density
Rcsidential
Mcdium High
Dcnsity Residential
X
(must be accessory to
the rcsidcnce)
X
(must be accessory to
thc rcsidcnce)
X
High Density
Residential
Commercial
x
Tourist
X
X
X
Downtown
X
X
Industrial, Rcsearch
and Tcchnology
X
X
(must bc accessory
to a private club e.g.
golf, tennis,
swimming, marina)
* Overnight Accommodations are 110t permitted in the LMDR Zoning District
Opcn Space
Recreation
Countywide Rules
The Countywide Rules wcnt into effect in 1989. At that time, transient accommodation
uscs wcre allowcd in thc commercial and resort futurc land usc categorics but the term
was not dcfined. In 1992, comprehensivc amcndmcnts were made to thc Countywide
Rules and transient accommodations was dcfincd as "a facility offering transient lodging
accommodations for tourists; such as hotels, motels, inns, rcsorts and recreational vehicle
parks." The Rulcs did not contemplate thc usc of residcntial propertics for transient
accommodations. In 1998 this definition was further rcfined as follows: a facility
offering transient lodging accommodations; such as hotcls, motels, inns, resorts and
recreational vehicle parks where such tcmporary lodging accommodation is offered at
intcrvals of 30 days or lcss. This amendmcnt attcmpted to providc some ccrtainty as to
Staff Rcport - Community Development Board - 1\'farch 18, 2002 - T 1-\2003-02002 3
what duration of timc would distinguish a transicnt accommodation usc from a rcsidential
use.
Bascd on the fact that several communi tics were rcyicwing thcir definitions and policies
rclatcd to transicnt accommodations, including the City of Clcarwatcr, thc PPC reviewed
thc Countywide Rulcs with regard to this usc. In 2001, thc PPC rcvised its definition to
focus on the nature and characteristics of thc temporary occupancy of thc subject
propcrty and not on property owncrship 1'0 I'm , propcrty owncrship intcrest, fonn of the
occupancy agrccmcnt, or f()J'Jll of payment. Thc approvcd amcndcd definition in cffect is
as follows: a 1~lcility containing one or more transient accommodation units, the
occupancy of which occurs, or is offercd or advertised as being availablc, for a tenn of
less than onc (I) month, more than thrce (3) times in any consccutive twclvc (12) month
period.
Pursuant to the Countywidc Rules transicnt accommodation uses arc not allowed in any
rcsidcntial plan classification, unlcss acccssory to the primary rcsidential use of a
propcrty, such as a bcd and brcakfast. Thcy arc allowed in four out of six mixcd-use
catcgorics and most commcrcial classifications. Thcy are also allowed in one industrial
classification, Community Rcdevelopmcnt Districts and Central Business District
categories.
North Clcarwatcr Bcach
At prescnt, thc majority of North Clearwater Beach is zoncd Low Mcdium Dcnsity
Residcntial (UVI DR) and has a Futurc Land Usc Map (FLUM) catcgory of Rcsidcntial
Urban. The vcry most northcrn portion, which is gated and has a privatc road, is zoned
Low Dcnsity Rcsidential (LOR) and has a FLUM of Residcntial Low. As stated above,
thc Community Devclopment Codc only pcrmits accessory ovemight accommodations in
the LDR District, ifapprovcd after a public hearing, and does not penllit thcm at all in thc
LMDR District.
Based on Internct advcrtisements, commcnts from citizcns, and input received at the
Novembcr 17, 2002 public mccting, it is ccrtain that properties are being rented on a
short-tcrm basis of Icss than 31 days. In an attempt to bctter understand thc dynamics on
North Beach, thc Planning Departmcnt compi led data on owncrship pattcl11s, salcs and
homcstcad exemption status from thc Pincllas County Property Appraiscr.
Thcrc are 712 residcntial propcrtics on North Clearwater Beach, excluding 880 Mandalay
Avenuc. Of thosc parccls, 51 % (367 parcels) havc homcstead cxcmption status and 48%
(345 pm'cc1s) do not (scc attach cd Homcstead Exemption Status Map.) Of the 345
parcels without homestead cxcmption status, 203 owners livc no more than an hour's
drive from Clcarwater Bcach (sec attached Non-Homestcadcd Parcels Only Owncr
Location Chart.) Scvcnty-thrcc pcrcent (73%) actually havc a Clearwater addrcss and the
remaining livc in Tampa or othcr Pincllas County citics. \Vhile thc prescnce of a
sigl1i ficant number of propertics with non-homcstead exemption status does not prove
that propcrtics are uscd for rcntal purposcs, it is a strong indicator that ccrtain propcrties
Staff Rcport - Community De\'clopmcnt Board - l'vtarch 18,2002 - TA2003-02002 4
are more than likely rented 111 somc manncr. whethcr it bc for transient or long-tenn
tenancics.
Twelve percent (12%) of thc total numbcr of residential parccls (89 parcels) is owned by
persons/trusts/estates/companics posscssing morc than onc propcrty in the neighborhood
(see Major Propcrty Owners Map). Twenty-cight pcrccnt (28%1) of those parcels rcccivc
the homestead cxcmption whilc 72% do not. It appcars that propcrty owners that livc in
the neighborhood also rcnt out propcrty within thc ncighborhood; howcver, it is not
certain how mun)' are rentcd as an overnight accommodation.
To determinc whcther any trcnds in salcs data exist, thc Planning Departmcnt rescarchcd
salcs of propcrtics with non-homestead cxcmption status. Of the total 712 parcels on
North Clcarwater Beach, sales data was not availablc for 96 pm'cels. Therefore, the total
number of parcels analyzcd is 617. Thc salcs data begin in 1953 with the data ending in
2002 (sce attachcd Salcs Analysis Chart).) Gcncrally the ratc of sale for non-
homestcadcd propcrty was fairly stablc during the 1950s - 1970s. It doubled in thc 1980s
over thc 1970 ratc and in the 1990s doublcd ovcr thc 1980 ratc. For the 3 years available
since 2000, thc salcs ratc of non-homcsteaded propertics triplcd when compared to the
ratc of thc 1990s. It should be notcd that the 2000 data represcnts three years of history
and datu mayor may not bc a prcdictor for this dccade's trends.
Analysis ofNon-Homcsteud Salcs by Dccadc
Year
Total Salcs A vcragc Salcs!Y car Rate of Change from
Prcvious Decade
27 2.7 pcrycar N/A
54 5.4 200%
108 10.8 200%
101 33.6 311%
1970 - 1979
1980-1989
1990-1 999
2000-2002
Thc increase in numbcrs of non-homcsteadcd propcrty is a fairly rccent phenomenon of
the I 990s and is consistent with thc national trends report cd in thc March 2002 edition of
Zoning News by thc Amcrican Planning Association. The salcs data also reflects national
economic and dcmographic trcnds such as rccessions, changes in intcrcst ratcs, increasing
mobility, migration into Florida, increasc in the purchase of investmcnt property in
vacation dcstinations, ctc.
Proposed Amcndmcnts
Proposed Ordinancc No. 7105-03 includcs amcndmcnts to existing definitions in Article
8 of the Community Devclopmcnt Code and one new provision to Article 3, General
Applicability. ;\ dcscription ofcach amendment follows.
Staff Rcport - Community Dcvclopment Board - i\larch IS, 2002 - T A2003-02002 5
1. Amcndmcnt to Dcfinition of Residential Lsc. Scction 8-102 (Pagc 3 of thc proposed
ordinancc.)
Thc proposed ordinance amends the definition of residcntial usc found in Code
Section 8-102. Thc current dcfinition indicatcs that this usc mcans a pennanent
place of rcsidcnce for a family. The proposcd amcndmcnt furthcr clarifics that a
residential usc located in a residential zoning district does not include uses that are
rentcd for periods of lcss than 31 days or onc calcndar month, whichcver is less.
2. Amendmcnt to Dcfinition of Dwcllin~ Unit. Scction 8-102 (Pagc 2 of the proposcd
ordinancc.)
Thc dcfinition of dwelling unit is "a building or portion of a building providing
independcnt living facilitics for onc family including provision for living, sleeping,
and complctc kitchcn 111cilitics." Thc proposed amcndment cxpands that definition to
spccify that a dwclling unit locatcd in any residcntial zoning district shall be used
only for a residential usc, unless otherwise spccified. This proposal furthcr clarifics
that any dwelling unit (dctached or attachcd) in a rcsidcntial zoning district is a
residcntial use, whilc not prohibiting the ({('('cssory usc of rcsidenccs for overnight
accommodations.
3. Amendmcnt to Dcfinition of Ovcrnight Accommodations, Scction 8-102 (Pagcs 2-3
ofthc proposed ordinancc.)
An overnight accommodation is detined as "a building or portion thcrcof designcd
and used primarily to providc slccping accommodations for transicnt guests for a
daily or wcekly rcntal chargc and including intcrval owncrship and such officc,
meeting, restaurant facilities as are intcgral to its primary function." The dcfining
characteristic of this usc is the temporary tenancy of property. In an attcmpt to bettcr
clarify this, thc provision is proposed to be amcndcd as follows: any usc that providcs
transient lodging accommodations to thc public, including intcrval ownership.
Allowable acccssory uses shall be integral to thc principal usc and may include, but
shall not bc limited to, officcs, rcstaurants and retail providc such uses are integral to
thc primary lISC.
4. Addition of Ncw Scction rcgarding Prima Facic Evidcnce, Gcneral Applicability,
Scction 3-918 (Pagc 2 of thc proposed ordinancc.)
A ncw scction is proposed to bc added to the General Applicability Standards of
Division 3, Devclopment Standards that idcntifics prima facic cvidcncc of a lIse
located in a residential zoning district that rents for periods of less than 31 days or one
calendar month, whichcvcr is lcss (short term rentals). This provision idcntifies a
minimum of four ways to detcl111inc that such usc cxists: rcgistration by the statc as a
short-term or transicnt rental usc; advcrtising, rcscrvations and/or booking
arrangcmcnts or use of an agent or third party to makc reservations. The purposc of
this amcndmcnt is to providc guidancc to codc enforccmcnt as well as the public on
Staff Report - Comll1unity Dcyelopmcnt Board - i\'larch IS, 2002 - '1'1\2003-02002 6
what types of information is indicative of a short-tcrm rental in a rcsidential zoning
district.
CRITERIA FOR TEXT A:\IEN))i\lENTS:
Code Section -l-{)O 1 speci lies the proccdures and criteria for rcvicwing text amendments.
Any code amendment must comply \\lith the following.
1. The proposcd amcndmcnt is consistcnt with and furthcrs the goals,
policics. ohjcctivcs of the Comprchcnsh'c Plan.
Below plcasc tinJ a sclecteo list of objectives and policics from the Clearwater
Comprchcnsivc Plan that arc furthcrcd by the proposed amcndments to thc Community
Devclopmcnt Codc:
. Objccti\'c 3.2 - Futurc Land Usc in the City of Clearwater sha1l be guided by the
Comprehcnsivc Land Usc Plan Map and implementcd through the city's
Community Dcvelopmcnt Codc.
Residcntial uscs are the primary permittcd uses in thc rcsidcntial land use categories.
The proposed amendmcnts to thc Community Devclopmcnt Code further clarify that
the short-term renting of dwcllings within the rcsidcntially zoned areas are not a
residential LIse of property. Thcse proposed provisions furthcr implement the City's
land usc plan through the provisions of thc Community Devclopmcnt Code.
. Policy 3.2.3 - Commcrcialland uscs sha1l bc locatcd at the intersection of arterial
or collector strcets and should be sitcd in sllch a way as to minimize the intrusion
of oft:sitc impacts into residential ncighborhoods. New plats and site plans shall
discourage thc crcation of "strip commcrcial" zones by insuring that adequate lot
dcpths are maintaincd and by zoning for commercial development at major
intcrscctions.
The transicnt usc of rcsidcntia1ly zoncd propertics crcatcs a commercial intrusion into
residential neighborhoods. The proposcd amendments makc clear that the renting of
residcntial propcrty for 3 I days or one calcndar month, as the primary use of thc
propcrty, is not considcrcd to bc a residcntial use.
. Policy I G.l.l - ~\'Iaintain sufticicnt residcntially zoned acreage, of varying
dcnsitics and locations, to accommodatc the cxisting and future housing needs of
thc City of Clcarwatcr.
As Clcarwater rcachcs build-out, it is important to maintain sufficient amounts of
rcsidcntial propcrty with varying dcnsitics, housing types and locational
charactcristics throughollt thc City. Thc proposcd ordinancc elucidates that short-
tcnn rcntals arc not a rcsidcntial use of propcrty and will protect rcsidcntially zoned
Staff Report - Community Developmcnt Board - 7\larch IS, 2002 - 1'.'\2003-02002 7
arcas from the intrusion of commercial/tourist-oricntcd uscs. which should maintain
existing rcsidential acreagc in this lIniquc location orthe City.
2. The proposcd amendments further the purposes of the Community
Developmcnt Code and other City ordinances and actions designed to
implement the Plan.
Thc proposcd tcxt amcndmcnts arc consistent with the following purposcs of the Code.
. Section 1-103(:\) - It is thc purpose of this Dcvclopmcnt Codc to implement the
Comprehensivc Plan of the city; to promote the health, safety, gcncral welfarc and
quality of life in the city; to guidc the ordcrly growth and developmcnt of the city;
to establish rules of proccdures for land dcvelopment approvals; to enhance the
character of the city and the prcservation of ncighborhoods; and to enhance the
quality of life of all residents and property owncrs of the city;
By clarifying that the renting ofpropcrty in a certain manner does not constitute a residential
use, ncighborhoods can bc better protected from the intrusion of shOlt-teml rentals which can
havc negative impacts on a neighborhood sllch as cxcessive noisc, noise at late hours, litter
accumulations, illegal parking and/or exccssi vc number of cars.
. Section 1-103(E)(2) - Protect thc charactcr and the social and cconomic stability of all
parts or thc city through the cstablishmcnt of rcasonablc standards which encourage
the orderly and bcneficial development ofland within the city; and
By providing more specific provisions prohibiting the short-tenn rcntal of residentially
zoned properties, the residential character of a ncighborhood can be better maintained.
Furthermore, not pcrmitting transicnts in residcntial arcas strcngthens social tics in
ncighborhoods and helps maintain neighborhood stability. According to the March 2002
issue of Zoning News. a publication of thc American Planning Association, short-term
rentals can artilicially drivc up thc cost of housing, which does not protect the economic
stability of a neighborhooLl.
. Section I-I OS -- Applications for dcvelopment approval shall be consistent with
the provisions of this Community Devclopmcnt Cocle and the Countywide Future
Land usc Plan as required by state law. Dcvelopment potential is based on the
applicable zoning district and as permitted by the Countywide Future Land Use
Plan designation. In cascs whcrc there is a difference between the density
..:l permitted in the zoning district and that which is pel111ilted by the land use
classification, the more restrictivc shall prcvail. In addition, uses of land shall be
consistcnt with uses pennittcd in the assigned zoning district as well as the uses
pcrmittcd by thc countywide Futurc Land Use Plan Designation.
Pursuant to Section 3.4 of thc Countywidc Rules, the proposed ordinance was submitted
to the Pincllas Planning Council for consistency revicw. The Council staff found that the
proposed amcndments arcconsistcnt with thc Countywide Rulcs.
Staff Rcport - COllllllunity Developmcnt Board - r-..larch 1 S, 2002 - T A2003-02002 8
The Planning Department presented the proposed ordinance to thc Clearwater Coalition
of Homeowncrs Association on r.'larch 4, 2003 amI the Coalition voted to support
limiting short-term rentals in the Low Density Rcsidential and the Low Medium Dcnsity
Residcntial zoning districts.
AL TERN..\TIYE POLICY OPTIONS
In the event the City Commission desires to change the current policy of pr.;hibiting
short-tCI111 rentals as a primary use in residentially zoned areas, it may be useful to
consider altemative policy options. Please find t\\'o options for consideration.
I. Engagc the Pine lias Planning Council. its member citics and the Countywide
Planning Authority in a discussion about amending the Countywide Rules to no
longer rcgulatc this issue or modify the currcnt provisions which specify that a
rental may not occur for less than thirty days or one calendar month, whichever is
less.
2. Amcnd the City's Comprehensive Plan to allow thc use of an additional futurc
land use catcgory available in the Countywide Rulcs known as thc Resort
Facilities Overlay (RFO). This is an overlay classificationllscd in addition to any
underlying residential plan category that permits transient accommodations and
residel1\ial uses. The purpose of this category is "to dcpict those areas of the
County that are now developed or appropriate to be developed, in residential and
transicnt accommodation lIses and to recognize sllch arcas as well~suited for the
combination of rcsidcntial and transient accommodation lIse. The category is
appropriatc to locations whcrc it would idcntify existing low to moderately
intcnsive mixed rcsidential and small scalc transient accommodation uses in and
adjaccnt to the resort arcas of the County and in areas wherc unique recreational
assets walTant thc combination of permanent and temporary accommodations in
closc proximity to and served by the arterial and major thoroughfare network."
According to the PPC staff, the RFO land use category is uscd in Pinellas County,
St. Petersburg Beach, Tmvon Springs, Safety Harbor, Duncdin and Largo. Based
on discussions with PPC staff, it appcars this catcgory has mainly been placed
over properties that include a mix of mobile homes and travel trailers. In St.
Petersburg Beach it is used in two small older arcas of thc city that include a
variety of uses including singlc-family dwellings, duplexes, apartments and
tourist lodgings. In Safcty Harbor, it is used in two areas to accommodate hotcls
that arc located within residcntial land use categories. It appcars that no
cOlllmun i ty has used thc category to perm i t the short-tenll rentals 0 f single-family
dwellings, howevcr, it is a viable use of this future land use catcgory.
If the abovc option were chosen, there are two ways in which to implement it.
One would bc to prepare a text amcndment to the Community Devclopmcnt Code
thaI creates n ncw zoning district that allows rcsidcntial lISCS and ovcmight
Staff Report - Community Development Board - ~Iarch 1 S. 2002 - TA2003-02002 9
accommodations as primary uses. Thc Commission would detcnnine where this
new district should be used and would then need to initiatc a land use plan
amcndmcnt to imposc thc RrO in a speci fic area and thcn rczonc the area to the
new zoning district.
Anothcr ,,'ay to approach implcmcntation would bc to allow property owners of
any lH:ighbl1rl1ood to pursuc the initiation of a Ncighborhood Conservation
Ovcrlay District (NCOD). This approach assumcs that a neighborhood could get
60% or the propcrty owncrs to agree to initiate the NCOD planning process.
Through this process. a ncighborhood could determinc whether or not short-term
rcntals arc an appropriatc primary use in thcir ncighborhood. This option still
would rcquire thc steps outlined above rcgarding thc implcmcntation of an RFO,
including amcndmcnts to the Comprchcnsivc Plan.
Thc above alternati\'cs can be morc fully cxplored if the Commission wishes to
pursuc a change in policy. It should bc notcd however, that cach of these options
would rcquire a signi (icant amount of time and staff hours to accomplish, as the
Departmcnt would engagc in significant policy discussions with property owners.
SUMMARY ANO RECOi\Il\IENOA TION:
The proposcd amcndmcnts to the Community Dc\'clopmcnt Code are consistent with the
Comprehcnsivc Plan and the Community Dcvelopment Code for the reasons cited above.
They provide property owners with furthcr clarification about the prohibition of short-
teml rentals as a primary usc in residential neighborhoods and provide specific direction
on what type or infonnation can bc used as cvidence of a rcsidcntial property renting for
periods of thirty-one days, or onc calcndar month, whichcver is less.
The Planning Departmcnt Staff rccommends APPROVAl.- of Ordinance No. 7105-03
that revises thc Community Dcvelopmcnt Codc.
AA.:_ >.I f!It~
Prepared by Planning Dcpartmcnt Staff: _~~. 1, \.........--
Gina L. Clayton, Long RaJlgc Planning Manager
A TT ACHivIENTS:
Proposed Ordinancc No. 71 OS-03
North Bcach Properties Homestead Exemption Statlls Map
North Beach Major Property Owners Map
North Bcach Propcrties Non-Homestcad Parcels Only Owncr Location
North Beach Propcrties Salcs Analysis Most Recent Sale by Y car
S:\Planning Dcpartl11ent Cnl11l11unit)' Developmcnt Codc\2003 Codc Al11cndmcnts\Short Tcrm Rcntals\Rcviscd Slaff
Rl'I'OIt for Short Tcrm Rcnlals-CC mccting.doc
Staff Report - Coml1lunity Dcvclopmcnt Board - l\ larch 1 R, 2002 - TA2003-02002 10
PROPOSAL ALLOWING WEEKLY RENTALS
IN SINGLE FAMILY ZONING DISTRICTS
This proposal is made by owners of single family dwellings who make them
available for so-called short term rental. The purpose of the proposal is to offer a
constructive alternative to the plan under consideration by the City of Clearwater
to "clarify" the Land Development Code to prohibit rentals in single family zoning
districts for periods of less than 30 days.1 The regulations proposed below are
in addition to or more restrictive than existing City residential rental
regulations.
1. The minimum rental term shall be seven consecutive days.
2. The owner of the rental property shall furnish contiguous property owners
with the telephone number of the rental property as well as the name,
address, and telephone number of a person or entity to contact if there is
a problem at the rental property.
3. "For Rent" signs are allowed, but the signs may not advertise that the
property is available for weekly rentals.
4. A Code of Conduct dealing with such matters as noise, parking, pets,
trash, and number of occupants, shall be prominently displayed in each
rental property. The content of the Code of Conduct shall be approved by
the City.
5. Failure of the rental property owner to comply with these rules or repeated
failure of tenants at a rental property to comply with the Code of Conduct
shall subject the property owner to having hislher occupational license for
the rental property revoked or not renewed, following an administrative
hearing, for a period of one year. "Repeated failure" means three sworn
and proven complaints within any 12 month period, which complaints were
not satisfactorily resolved within a reasonable time after notice by the
complainant to the property owner's contact. After a one year wait, the
property owner shall be granted a new occupational license provided all
requirements for issuance thereof are met. If an occupational license is
revoked or not renewed twice for failure to comply with these rules or
repeated failure of tenants at a rental property to comply with the Code of
Conduct, a new occupational license shall not be issued to that owner for
that property.
1 It is the position of these owners that the Code currently authorizes rentals of single family
dwellings with no restriction on length of term.
6. Property owners seeking to rent for fewer than 30 (but at least 7)
consecutive days must obtain an occupational license and begin
compliance with these rules within 90 days after the effective date of an
ordinance imposing these requirements. Thereafter, the appropriate
occupational license must be obtained prior to engaging in such rentals.
7. The City Commission will review the operation of this rental program three
years after it becomes effective to determine whether it adequately meets
community needs.
285595v4
.I
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City of Clearwater
North Beach Properties
Homestead Exemption Status
D Parcels with Homestead Exemption (367)
I I Parcels Without Homestead Exemption (345)
I~YY] Excluded Parcels
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North Beach Properties Sales Analysis
Most Recent Sale by Year
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L Homestead Exemption (323) - Non-Homestead (294) -Total Number of Parcels (617) I
G:\xls\exemptyear.xls Source: Plnellas County Property Appraisers Office January 2003
Note: Ninety-Five properties did not have purchue dBtes and were excluded from thla chart.
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North Beach Major Property Owners
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_ BAWELL, WALTER A (5)
_ BELANGER, SEAN (2)
_ BOSCHEN, ELSIE R TRE (2)
D BRUGGE, RICHARD A JR (2)
_ CHITRANEE-B I NC (5)
D CRONIN, LEO J (2)
rT~3J DERWENT, SUSAN T (2)
_ DIMMITT, LARRY H JR (2)
_ DORMADY, DONALD (2)
GREENBERG, AARON (2)
U'.::r\~JI GREENBERG, MARTIN (2)
_ HOLT, OVADA B (2)
Total Number of Parcels = 89
_ JONES, BETH B (3) D RENDEL, JEROLD S TRE (2)
_ KAUPE, SANDRA T (2) _ RIGSBY, GWENDOLYN G (2)
_ KRITICOS, SAM (2) _ SATTERWHITE, JON (4)
_ LENTRICCHIA, DOMINICK (2) _ SONDERMANN, WlLFRIED (2) I
[...,--~:'J MANDALAY POINT (2) _ SOULlS, DENNIS (2)
_ MC NAUGHTON, J (2) _ SYMANSKI, RICHARD (2)
_ MEEK, JOHN H JR (3) _ THORNTON, PATRICIA M (2)
[fi01 MITCHAM, JOHN J (3) _ ULFERS, FRIEDRICH E (2)
_ PADDEN, JOSEPHINE TRE (2) _ WEGLER, HANS (2)
_ PARKES, MICHAEL (3) _ WITHERS, JOHN W (5)
lt~ j POLLACK, RONALD J (2) YEAROUT, JAMES (4)
_ PRESTON, MICHAEL G TRE (2) _ YOUNG, DEAN ENTRP INC (3)
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City of Clearwater
o 50 100 200
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Zoning - Clearwater Beach
Memorial Causeway to Acacia Street
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:11- '7
I
Diana, Sue
From:
Sent:
To:
Cc:
Subject:
Tarapani, Cyndi
Tuesday, April 01,20032:21 PM
Goudeau, Cyndie; Norman, Lois; Diana, Sue
Clayton, Gina; Mariano, Marc: Wilson, Denise A.; Phillips, Sue
Short Term Rentals-City Commission questions
:\t tht: work st:ssion ~loI1lla~', Vice ~Iayor l;ray asked how nl:ln~' of the duuble lots adjacent to each other are
occupied with onl' house or two houses. ~Iarc i\fanano of the Planning Dep:11'll11ellt physically checked each of the
l) parcels on N orrh Beach where there arc two adj:lCenr lots owned by the same person.
Based on the fidd work, of the total <) parcels owned by the same person:
. .., siws :In: de\'e1oped with one house and the second lot is yacant and :l\'ailable for de\,e\opment.
. .) sites arc dcn~loped with one house occupying both lots and no addition:ll de\"elopment would be allowed.
. .) sitt:s :lre den-loped with a house on each lot; no addition:!l de\'clopmcnt would be allowed.
Tht: second clut:stion W:lS to e\':lluate two areas that currentl~. h:1\'e the i\IHDR zoning distt;ct: the tirst area is
generally south of Acacia to I,endall and \\'est of i\Iand:day; the second art::l is easl of i\\andalay on the north side of
SOl11erset. The cluestion is whether the Tourist zoning district would be mon: consistent with the existing uses than
the i\1 HDR zoning district. I revicwed the land uses in the field and offer the following observations; please note
that I ha\'e not reviewed o\\'nership patterns nor occupational licenses.
The first larger area from :\cacia to Kendall on the west side of i\Iandalay contaim both multi-family units and
motels. Only a few of the motels have signs identifying them as such: it is certainly possible that the multi-family
units :lrc rented more like a motel but they do not han~ sign age identifying them to the public :!s a motel. Based on
the field work showing this area more like the Tourist uses, this :!rea would be a likely candidate for the Tourist
zoning district to recognize the existing motel units that arc currcntly not allowed in the MHDR district.
The second small :!rea cast of ~Iandalay and fronting on Somerset is different from the first area. This area appears
to be multi-family llses-none of the buildings identify themselves with sign age as a motel and appear more like a
mult-family building rather than a moteL In addition, this strip of properties backs up to single family homes that
front on .Acacia. Based on the field work and proximity to single family uses, this area should retain its multi-family
zoning ratht:r than inrrocJucing Tourist zoning and uses.
Pleasc note th:!t this is a very preliminary re\-icw and additional rclc,'ant information will likely arise as more detailed
cv:\luation is done. ;\s I stated carlier, the City Commission may initiate a plan amendmcnt and rezoning to
recognize the existing uses. I f initiated, the applications would proceed through the typical process including notice
to all owners proposed for rezoning, public hearings before both the Cornrnunity Development Board and the City
Commissiun and final review by the Board of County Commissioners for the plan amendment,
I hope thIS information is helpful. Thanks.
Cyndi Tarapani
Planning Director
(727)502-4547
ct:\ ra pa n({~c lcarwa tcr-ll.col11
Second Reading
( " /
y'
V
ORDINANCE NO. 7063-03
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA, RELATING TO SIDEWALK CAFES AND
TO FEES FOR SIDEWALK CAFES AND
COMPREHENSIVE SIGN PROGRAM MINOR
AMENDMENT; REPEALING SECTION 3-201C IN
ITS ENTIRETY AND REENACTING A NEW
SECTION 3-201 C. SIDEWALK CAFES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION BY ADDING A DEFINITION FOR
SIDEWALK CAFE; AMENDING APPENDIX A, LAND
DEVELOPMENT CODE TO SET FORTH NEW FEES
FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE
PERMIT AND A MINOR AMENDMENT TO
COMPREHENSIVE SIGN PROGRAM; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes)
in the downtown and tourist districts of the City of Clearwater to provide a unique environment
for relaxation and food consumption; and
WHEREAS, because of the high intensity of development in the Downtown "0" and
Tourist "r zoning districts, the lack of adequate vacant land, and the need to encourage the
redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk
cafes to be located on sidewalks in the public right-of-way; and
WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to
these areas and encourages more downtown and beach activity and redevelopment; and
WHEREAS, there is a need for regulations and standards for the existence and
operation of sidewalk cafes to facilitate and ensure a safe environment in tl1ese areas, and
WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety
standards is necessary to protect and promote the general healtl1, safety, and welfare of tile
residents of the City of Clearwater; and
WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor sl1all it be
construed to constitute a vacation or abandonment by the City of its interest in the rigllt-of-way or
any easements contained therein; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code,
is hereby repealed in its entirety and reenacted as follows:
3-201 C. Sidewalk cafes.
UI.llliariC'2 t'L) ii,'l) .'lJ,:'
1. Pumose and Applicability. It is the intent of the City to allow sidewalk
cafes so as to enhance the pedestrian, urban and beach character of the City by
providinq an additional amenity for the public to enjoy. Sidewalk cafes are permitted in
the Commercial District. the Tourist District on property located on Clearwater Beach
only or in the Downtown district provided all requirements of this section are met.
Sidewalk cafes on public riqht-of-way shall only be allowed in the Tourist and Downtown
Districts. A sidewalk cafe may be established as an accessory use to a restaurant,
niqhtclub or other appropriate business as determined by the Community Development
Coordinator. This section applies to a sidewalk cafe located solely on private property
or a cafe located partially or totally within the public riqht-of-way.
2. Application Requirements and Review Process.
a. Review process. If a sidewalk cafe is to be added to an existinq
business, then the sidewalk cafe shall be reviewed as an accessQiY
uselMinimum Standard Development. If the cafe is proposed as accessory to a
new business, then the sidewalk cafe shall be reviewed alonq with the proposed
use as either level One-Flexible Standard or level Two-Flexible Use as
determined in the applicable zoninq district.
b. Submittal reouirements.
(1) The applicant is required to hold a pre-application meetinq with
the Community Development Coordinator to discuss the proposed
sidewalk cafe and application requirements.
(2) A completed application for a sidewalk cafe permit shall be
submitted to the Community Development Coordinator. Tile
application shall include, but not be limited to, the followinq
information:
(a) Name. address. telephone number. facsimile and e-
mail address of the applicant (business owner or
desiqnee) and the property owner;
(b) Name, address and leqal description of the property on
which the sidewalk cafe is proposed to be located;
(c) For existinq businesses. a COpy of a valid City of
Clearwater occupational license to operate the business
establishment that is the subiect of the application;
(d) Written approval to request the application from the
owner of the property in which the permitted business
established is located;
(e) A site plan (drawn to scale of minimum 1 :50) showinq
the layout and dimensions of the sidewalk; sidewalk cafe
area and adiacent private property and buildinq showinq
entrances and exits; proposed location, size and number
2
Ordinance No. 7063-03
of tables, chairs. steps. umbrellas. awninqs. canopies,
location of doorways, trees. parkinq meters. bus shelters,
sidewalk benches. trash receptacles. railinqs. decorative
chains and any other fixture. structure or obstruction either
existinq or proposed within the sidewalk cafe;
(f) Photoqraphs. drawinqs or manufacturers' brochures
fullv describinq the appearance, color. and matenals of all
proposed tables. chairs: umbrellas. awninqs. canoPIes or
other fixtures related to the sidewalk ca@..;.
(q) COpy of written approval from any aqencv other than
the City of Clearwater havinq iurisdiction over the nqht of
way: and
(h) For sidewalk cafes on public riqht-of-way. a copy of
current certificate of insurance in the amounts and
cateqories required by this article.
c. General requirements for all sidewalk cafes.
(1) Operational requirements.
(a) Sidewalk cafes that wish to seNe alcoholic beveraqes
must have a valid license from the State of Florida to
sell alcoholic beveraqes for consumption on premises
in connection with a restaurant use or other
appropriate business.
(b) No food preparation shall be allowed on the sidewalk
There shall be no cookinq, storaqe of foods or
materials. coolinq. refriqeration or other equipment
located in the sidewalk cafe area.
(c) No amplified music at a sidewalk cafe in the riqht-of-
way shall be allowed. Amplified music in a sidewalk
cafe on private property shall be specifically requested
by the applicant and shall be reviewed for its impacts
on surroundinq properties and businesses.
(d) The hours of operation of a sidewalk cafe shall be
coincident with the hours of operation of the principal
business to which it is accessory.
(e) The operator of the sidewalk cafe shall meet all other
City. county and state requlations. laws or ordinances.
(2) Location and desiqn requirements.
(a) Sidewalk cafes in the riqht of way are restricted to the
sidewalk frontaqe of the subiect business
establishment to which a permit has been issued or
such other area as approved by the City Manaqer or
hislher desiqnee.
3
Ordinance No. 7063-03
(3) Maintenance.
(b) Sidewalk cafes shall be located in a manner that
promotes efficient and direct pedestrian movement.
Within the public riqht-of-way. a minimum of one
unobstructed pedestrian path at least four feet wide
shall be maintained at all times. In areas of conqested
pedestrian activity a wider pedestrian path may be
required. Access to fire hydrants. fire hose connections
for sprinkler systems, and entrances and exits of all
buildinqs shall not be obstructed at any time by barriers
or seatinq.
(c) Outdoor seatinq shall not be counted when calculatinq
the parkinq requirements.
(d) To ensure the convenience of users and to enllance
the visual quality of the urban environment, the
sidewalk cafe shall comply with the Desiqn Guidelines
for the district in which it is located. Specifically,
tables, chairs, umbrellas, canopies. awninqs and all
other fixtures/decorative materials shall be of qood
desiqn made of quality materials and workmanshiP. be
fire-retardant or manufactured of fire resistant material.
Tables. chairs and other fixtures used in connection
with the sidewalk cafe shall not be attached. chained or
in any manner affixed to any tree, post, siqn or other
fixture.
(e) No tables or chairs will be permitted within the siqht
visibility trianqle of a street intersection or driveway as
required in this code. Tables or chairs shall not be
placed within four feet of bus stops, taxi stands.
telephone booths. fire hydrants, or counter service
windows or within two feet of any buildinq entrances
and/or exits.
(f) The perimeter around the sidewalk cafe in the riqht of
way area shall be delineated usinq non-permanent
fixtures such as railinqs, potted plants. decorative
chains, or other approved fixtures.
(a) Tables, chairs. umbrellas. canopies. awninqs and any
other fixtures used in connection with a sidewalk cafe
shall be maintained by the sidewalk cafe operator with
a clean and attractive appearance and shall be in qood
repair at all times.
(b) The sidewalk cafe area. the area extendinq from the
sidewalk cafe area to the street. and five feet beyond
either end shall be maintained by the business owner
in a neat and orderly appearance at all times and shall
be cleared of all debris on a daily basis.
(c) The sidewalk cafe operator is responsible for repair of
any damaqe to the sidewalk in the riqht of way caused
4
Ordinance No. 7063-03
bV the sidewalk cafe. The repair snail be mace 19~~-'_l.Y
standards and within a reasonable tlmeframe.
d. Additional Requirements for Sidewalk Cafes on Public Riqhts-of-Way
(1) A sidewalk cafe on public riaht -of-way shall applv for and receive a
permit to operate within the riqht-of-wav. The permit shall be Issued to
the permit holder and shall be transferable onlv with the Prior wntten
approval of the City Manaqer or his/her desiqnee.
(2) BV use of any permit qranted hereunder. the permit holder aqrees to
indemnify, defend, save and hold harmless the City. its officers. aqents
and emplovees from any and all claims. liabilitv. lawsuits. damaqes and
causes of action which may arise out of the use of the public sidewalk.
The permit holder shall enter into a written aqreement with the City to
evidence this indemnification. Such aqreement must have the written
approval of the City Attorney prior to issuance of a permit.
(3) The permit holder shall furnish. pay for. and maintain durinq the life of
the permit with the City:
(a) Comprehensive General Liabilitv insurance on an
"occurrence" basis in an amount not less than $500,000
combined sinqle limit Bodily Iniury Liabilitv and Property
Damaqe Liability. The City is to be specificallv included as
an additional insured on the policy.
(b) Workers' Compensation insurance applicable to its
employees. if any. for statutory coveraqe limits in
compliance with Florida laws. includinq Emplovers' Liability
which meets all state and federal laws.
(4) The Permit holder shall provide the City with a certificate or
certificates of insurance showinq the existence of coveraqes required bv
this Permit. The Permit holder will maintain these coveraqes with a
current certificate or certificates of insurance throuqhout the term of the
permit with the City.
(5) When specifically requested by the City in writinq. the Permit holder
will provide the City with certified copies of all polices of insurance as
required above. New certificates and new certified copies of policies, if
certified copies of policies have been requested. shall be provided the
City whenever any policy is renewed. revised, or obtained from other
insurers.
(6) All policies of insurance must be endorsed to provide the City with
thirty (30) days notice of cancellation or restriction.
5
Ordinance No 7063-03
(7) The City of Clearwater may require the temporary removal of sidewalk
cafes and all related furniture and fixtures by the permit holder when
street, sidewalk, or utility repairs necessitate such action or when. at the
City's sole discretion, it is necessary to clear sidewalks. The permit holder
shall be responsible for removinq all sidewalk cafe fixtures at least two
days prior to the date identified in writinq bv the City. The City shall not be
responsible for any costs associated with the removal or the return and
installation of any sidewalk cafe fixtures.
(8) The City may cause the immediate removal or relocation of all or any
part of the sidewalk cafe or its fixtures in emerqency situations. The City.
its officers, aqents and employees shall not be responsible for any
damaqes or loss of sidewalk cafe fixtures relocated durinq emerqency
situations and shall not be responsible for any costs associated with the
removal or the return and installation of any sidewalk cafe fixtures.
(9) The City shall have the authority to secure or remove fixtures and
other items associated with the sidewalk cafe if necessary in the interest
of public safetY.
3. Standards for Review and Decision. The Community Development
Coordinator shall review an application for a sidewalk cafe to determine
compliance with all requirements of this section throuqh a complete application
includinq site plan, proof of insurance and all other documents required by this
code. The Community Development Coordinator may approve the application,
approve the application with conditions that ensure compliance with this code
and are needed to ensure compatibility of the sidewalk cafe with adioininq
businesses, or deny the application. The timeframe and process for review of a
sidewalk cafe for an existinq business shall be as prescribed in Section 4-203,
Buildinq Permit of this code. The timeframe and process for review of a sidewalk
cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in
Article 4 of this code.
Upon approval, each permit for sidewalk cafes on nqht-of-way shall l)e
effective for one year from October 1 until September 30, and must be renewed
annually with the approval of the City. A renewal with no siqnificant chanqes to
the sidewalk cafe as oriqinally approved will not require a complete review. Any
siqnificant chanqes to a sidewalk cafe shall require review as a new application.
The City of Clearwater reserves the riqht to inspect the sidewalk cafe at
any time with or without notice to the operator to determine compliance with this
code and any conditions attached to the sidewalk cafe.
4. Appeal of Community Development Coordinator Decision.
For sidewalk cafes usinq public riqht-of-way, the Community Development
Coordinator may deny an application for a sidewalk cafe permit if the applicant
fails to provide the required information or fails to meet the criteria for permit
issuance. Such action shall be considered final and is not subiect to appeal. For
6
Ordinance No. 7063-03
sidewalk cafes on private property. an appeal of the Community Development
Coordinator's decision may be submitted in accordance with the provisions of
Article 4.
5. Revocation of permit.
The Community Development Coordinator may revoke a permit for any sidewalk
cafe located on public riQht-of-way if it is found that:
(1) Any necessary business or health permit has been suspended or
revoked; or
(2) The permittee does not have currently effective insurance in the minimum
amount as required in this Code; or
(3) ChanQinQ conditions of pedestrian or vehicular traffic cause conqestion
necessitatinQ the removal of the sidewalk cafe. Such decisions shall be based
upon findinQs of the Community Development Coordinator, after consultinq with
the City EnQineer, that the existinq conditions represent a danqer to the health,
safety or qeneral welfare of the public; or
(4) The permittee fails to comply with one or more conditions of the permit.
Upon revocation of a permit, the Community Development Coordinator shall qive
written notice of such action bv certified mail. return receipt requested, to the
permittee at the address listed on the application, statinq the reason(s) for
revocation. The revocation shall become effective and final fifteen (15) days
followinq mailinq of the notice, and is not subject to appeal.
The City ManaQer or desiQnee may take at any time, whether or not the permit
was issued, is current, in the process of beinq revoked. or has been revoked,
such action reqardinq a sidewalk cafe located on public property as is necessarY
to preserve public safety. Such action shall be considered final and is not
subiect to appeal.
Section 2. Article 8, Definitions and Rules of Construction, is hereby amended by
adding a definition for "Sidewalk Cafe" and inserting the definition in its proper alphabetical
order within Article 8:
Sidewalk Cafe means an accessory use to an adiacent business and is located outside
of the boundaries of the buildinq; food and beveraqe service or other activities related to the
principal use may be allowed as part of the sidewalk cafe. A sidewalk cafe may be allowed
either on private property or within the public riqht-of-way.
Section 3. Appendix A. Land Development Code, Schedule of Fees, Rates and
Charges, Section VIII. is hereby amended to read as follows:
7
Ordinance No. 7063-03
There is hereby established the followinq fees and charqes related to review and processlnq of
Level One. Level Two and Level 3 Three applications:
(1) Level One.
* * * * *
0) Sidewalk Cafe Application
If proposed as accessory to an existinq use.......... .... .S50.00
If part of a Flexible or Flexible Standard
Application. no additional fee.
Sidewalk Cafe Permit ......... ... ......... ... ... ... .. ...... ..$120.00
Due on or before October 1 of each year and shall cover the time period
of October 1 throuqh September 30 of the followinq calendar year For a permit Issued
after October 1 and before September 30, the permit fee shall be prorated on a monUlly
basis. Any portion of a month shall be considered a full month for the purposes of
calculatinq the prorated permit fee.
* * . . *
(j) Minor amendment to approved comprehensive siqn proqram, per application
'" ... ...... ... ... ...... ... .., ... ... ...... ... ... ... ... '" ...... ...... ...... $75.00
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
!-1arch 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
r'
/ . -i / (( - ~(" ( (i
.",',: ..If 1..1.. ".,". I . ()~ d. -:.-':;,.
Leslie K. Dougall-Sid~s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
8
Ordinance No. 7063..03
Second Reading
('"'.
'II
t.
ORDINANCE NO. 7073-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SIDEWALK CAFES; AMENDING CODE OF
ORDINANCES SECTION 28.04; PROVIDING THAT SIDEWALK
CAFES ARE EXCEPTED FROM THE PROHIBITION AGAINST
SELLING GOODS ON PUBLIC PROPERTY WHEN PERMITTED
PURSUANT TO LAND DEVELOPMENT CODE SECTION 3-
201C.; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 28.04, Code of Ordinances, City of Clearwater, is hereby
amended to read as follows:
28.04. Trading and selling on streets.
(1) Except for the sale of ice cream from ice cream trucks
on streets in residential areas, which have been issued a city
occupational license for such use, and unless authorized by
article III of chapter 22 which pertains to special events. it
shall be unlawful for any person to sell, barter. exchange. or
offer to sell, barter or exchange any goods. wares or
merchandise of any kind or nature whatsoever in or on or
over any street, right-of-way or public property. sidewalk or
park within the city.
f21 This section shall not apply to curb service furnished by
any regularly established and licensed place of business
in the city, and this section shall not apply to the holding
of bazaars or other sales not made or carried on for
personal profit. where such sales are operated in front of
or adjacent to a store or place of business with the
consent of the owner or manager thereof. The
prohibition set out in subsection (1) of this section shall
not prevent the operation of a sidewak cafe on the
public sidewalk where the sidewalk cafe is permitted
under the provisions of section 3-201 C. of the Land
Development Code. the-folle~ng-fequirement5-have
been-meh
fa)-At-teast-five-feet-{)f-unGost rUGted-sidewalk
avaHable-for-pedestfian-use-must-be-available
following-installation-of-t he-sidewa Ik-Ba fe;
Ordinance No ,073-03
(b) ^ revoeael8-f)efffiit-kHRstaH-tfle-sidewalk-Gafe
mHst-be-eetarned from-tt-le-Gity by the-lf6eRseG
festaHr-aRt-eWRer-aRG-FeOOmeG-iR-tRe pu bliG
reooms-ef-tRe-GGHR~HGh use may only be
GGRsidef6d-fGHRstffilafu:m-ad}aGeRt-to :3 restaHr-aRt
HS67
~}-A~lemeRt-s-er-oomi3eReRts-tl~~e-wRStfHet
t-l-1e-sieewalk-Bafe-mHSt-ee-mevaele-aRd--fle
elemeRt-er-Gemf*)ReRt-may-be-belted-Gf-etRefWise
aff~xeG~liG-SiGewcHk. Prier-te-tRe
iRstallat-ieR-eH3Ry-elemeRt-er-GempeReRt,-a
eHildiRH~t-sRaH-Geta+Re€k
(d) The-awlieaRt-eetaiRS-a~eRal--liGeRse-te
apply to the-a6t-i~
tet-+Re-appliBaRt-pmviees-#le-Gity with a copy of a
pelky of iRSHraR~HGy-sRaIl-Rame-tRe
Gity as a named insHred, covefiRg-beth property
damages ~md perseRaHRjuries th3t might occlH"--Gy
reason of SH6A use of the pu91iG-skiewcHk. SUGR
f*)Ucy shall h3ve limits-ef-at-least $W,OOO.OO for
property damages and $500,000.00 for persoRal
injury liability and must be :3pf*Wed by the-Gft.y
prior to the-issuance of a revocable permit.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Harch 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
'/ --- ..
,xL<, .:;/ !if'"l ~J,~ (.
Leslie K. Dougall-SJ es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7073-03
. ITEM # I ~
Second Reading
/()
ORDINANCE NO. 7074-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
RELATING TO ALCOHOLIC BEVERAGES; AMENDING CODE
OF ORDINANCES SECTION 6.31: PROVIDING AN EXCEPTION
TO CERTAIN SALES, POSSESSION, CONSUMPTION. AND
OPEN CONTAINER PROHIBITIONS FOR PORTIONS OF
PUBLIC STREETS, SIDEWALKS, ALLEYS, PARKING LOTS, OR
RIGHTS OF WAY USED FOR SIDEWALK CAFE PURPOSES BY
BUSINESS ESTABLISHMENTS WHICH HAVE OBTAINED CITY
PERMITS FOR SUCH OPERATIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, ordinance No. 7073-03 establishes a procedure for authorizing the
permitting of sidewalk cafes on public property in certain zoning districts, and it is desirable
to harmonize the alcoholic beverage code of the City to allow sales, possession, and
consumption of alcoholic beverages at sidewalk cafes which are properly permitted; now.
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA:
Section 1. Section 6.31, Code of Ordinances, City of Clearwater, IS hereby
amended to read as follows:
6.31 Prohibited acts.
* * * * *
(4) It shall be a violation for any person to sell or consume
any alcoholic beverage. or to possess any opened or
unsealed container containing an alcoholic beverage, at
the following places, except pUfsuant to an alcoholic
beverage special event permit issued under the
provisions of section 22.88 through 22.92 Of pursuant to
a sidewalk cafe permit issued under the provisions of
section 3-201 C. of the Land Development Code:
(a) On any public beach.
(b) On or in any public street, alley, sidewalk, parking
lot or right-of-way, including but not limited to
unimproved public street rights-of-way terminating
at a body of navigable water.
(c) In any public park. For the purposes of this
subsection, the term "park" shall mean all parks
Ordinance No 7074-03
and athletic fields, and all grounds used by the city
for park or playground purposes, including Jack
Russell Stadium and the Clearwater Country Club
Golf Course when the sale or consumption of
alcoholic beverages has been authorized by the
terms of any lease or other agreement approved
by the city commission.
(d) In any public building, except in any portion of a
public building when rented to private parties.
This prohibition shall not apply to the Performing
Arts Center and Theater.
(e) On any portion of the Courtney Campbell
Recreation Area as defined in section 22.21.
* * * * *
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7074-03
Second Reading
//
ORDINANCE NO. 7092-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. VACATING THE DRAINAGE AND UTILITY
EASEMENT PORTION LOCATED ON LOT 51,
COUNTRYSIDE TRACT 94, PHASE 1; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Sandra Catalanotto, owner of real property located in the City of
Clearwater, has requested that the City vacate 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:
See legal description attached hereto
is hereby vacated, and the City of Clearwater releases all of its right~ in the servitude as
described above to the owner of the servient estate 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
?-larch 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
--
Cynthia E. Goudeau
City Clerk
Ordinance No. 7092-03
Legal Description for Vacation 2003-02 (Catalanotto)
The drainage and utility easement portion located on Lot 51, Countryside Tract
94 - Phase 1, as recorded in Plat Book 86, Pages 65 - 67 of the Official Records
of Pinellas County, Florida, more particularly described as: Commence at the
southwest corner of said Lot 51, thence N 000 26' 56" W, along the west line of
said Lot 51, 85.00 feet, thence N 890 33' 04" E, 10.00 feet to the Point of
Beginning, thence N 000 26' 56" W, 63.51 feet, thence N 490 57' 47" W, 74.60
feet, thence S 450 12' 04" E, along a line that is 25 feet south of and parallel to
the northerly line of said Lot 51, 116.85 feet, thence along a curve to the left
having a radius of 190.00 feet, an arc of 33.41 feet and a chord bearing S 320 15'
28" W, 33.36 feet, said curve being 10.00 feet west of and parallel to the easterly
line of said Lot 51, thence S 890 33' 04" W, 121.73 feet to the point of beginning,
containing 10,471.08 sq. ft. and/or 0.24 acres more or less.
t
~
T Scale 1" == 50'
, This is aJ21. a survey
EXHIBIT
"A"
51
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65
58
I
CITY or CLEARWATER. FLORIDA
PUBLIC WORKS ADt.4INISTRATlON
ENGINEERING
~~.:G CA T ALAN OTTO VAg;"OO-;"02
O<<OttIl rr VACA nON REQUEST MJ:T
5.0. DRAINAGE & unLlTY EASEMEN 2 Of S
EM l[ SIC1' - r..-..-.a
01/30/2003 LOT 51 COUNTRYSIDE TRACT 94 17-2ftS-1M:
17ftA PHASE 1 PB 86 Pg 65 7~J
Second Reading
1/')
I
/ ~
ORDINANCE NO. 7096-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF
REYNOLDS AVENUE APPROXIMATELY 150 FEET NORTH OF
PINElLAS STREET AND 650 FEET WEST OF SOUTH FORT
HARRISON AVENUE, CONSISTING OF LOTS 16 AND 18, LESS
THE WEST 85 FEET THEREOF, C PERRY SNELL'S BLUFF
VIEW COURT, WHOSE POST OFFICE ADDRESS IS 300
PINElLAS STREET, FROM OFFICE (0) TO INSTITUTIONAL (I);
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:
Property
Zoninq District
Lots 16 and 18, less the West 85 feet thereof,
C. PERRY SNELL'S BLUFF VIEW COURT,
According to the map or plat thereof, recorded
In Plat Book 1, Page 69, Public Records of Pinellas
County, Florida (REZ2002-12004)
From: Office (0)
To: Institutional (I)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 20. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
, /
I '
I .~ .' .
/ I ,t, 'II ','
/ \:' ..i I . \ '/ \. ' I~ ! I /.
Les'lie K. Dougall-~ides i
Assistant City Attorney
.' "
. \ "
il! (. /''r( \,
)
Cynthia E. Goudeau
City Clerk
Ordinance No 7096-03
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ZONING MAP
I
Owner: Morton Plant Hospital Association, Inc. I Case: R EZ2002-12004
I Property I
Site: 300 Pinellas Street I 0.11
Size(Acres): i
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Zoning Land Use I
,
. I PIN: i 21/29/15/09450/000/0161
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From: 0 INS I I
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3056
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I
Ordinance No. 7096-03
Second Reading
/3
ORDINANCE NO. 7097-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2003 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
STORMWATER FUND, GAS FUND, SOLID WASTE FUND,
RECYCLING FUND, MARINE & AVIATION FUND, PARKING
FUND, HARBORVIEW CENTER FUND, GENERAL SERVICES
FUND AND CENTRAL INSURANCE FUND, AS PROVIDED
HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2003, for operating
purposes, including debt service, was adopted by Ordinance No. 7012-02; and
WHEREAS, at the First Quarter Review it was found that increases and decreases are
necessary in the total amount of $5,068,451 for revenues and $3,336,797 for expenditures;
and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 7012-02 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2002 and ending September 30, 2003 a copy
of which is on file with the City Clerk, the City Commission hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
MarC'h 20 r 7001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
~~J
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 7097-03
EXHIBIT A
2002-03 BUDGET REVENUE
First
Quarter
Original Amended
Budget Budget
2002/03 2002103 Amendments
General Fund:
Property Taxes 31,385,360 31,385,360
Sales Tax 13,973,940 13,973,940
Franchise Fees 6.891,660 6,891,660
Utility Taxes 9,958.970 9,958,970
Licenses & Permits 3,282.610 3,282.610
Fines, Forfeitures or
Penalties 1.504,130 1,504,130
Intergovernmental Revenue 9,792.280 9,814.280 22,000
Charges for Services 2,502.810 2,502,810
Use and Sale of City Property
and Money 1,228,800 1,228,800
Miscellaneous Revenues 139,460 139,460
Interfund ChargeslTransfers 11,968.670 12,239,070 270.400
Transfer from (to) Surplus 607,900 2,008,360 1,400,460
Total, General Fund 93,236,590 94,929,450 1,692,860
Special Revenue Funds:
Special Development Fund 16,293.230 17,377,114 1 ,083,884
Special Program Fund 1,945,720 2,832,587 886,867
Local Housing Asst Trust Fund 889,505 889.505 0
Utility & Other Enterprise Funds:
Water & Sewer Fund 46,228,000 46,228,000
Stormwater Utility Fund 9,538,080 9,568.390 30,310
Solid Waste Fund 16.175,100 16,204,100 29,000
Gas Fund 29.274,990 29,589,230 314,240
Rocycling Fund 2,356.000 2,412.300 56.300
Marine and Aviation Fund 3,201.400 3,209.930 8,530
Parking Fund 4,351,920 4,330,560 -21,360
Harborview Center Fund 2,276,280 2,726,280 450,000
Internal Service Funds:
Administrative Services Fund 8,332.980 8,332.980
General Services Fund 3,264,090 3,240,590 -23,500
Garage Fund 8,957,230 8,957,230
Centrallnlul'ance Fund 15,779,190 16,340,510 561,320
Total, All Funds 262,100,305 267,168,756 5,068,451
Ordinance #7097-03
EXHIBIT A (Continued)
2002-03 BUDGET EXPENDITURES
First
Quarter
Original Amended
Budget Budget
2002103 2002103 Amendments
General Fund:
City Commission 266,850 266,850
City Manager's Office 798,720 807,140 8,420
City Attorney's Office 1 ,354,850 1,361,790 6,940
City Audit 128.790 128,790
Development & Neighborhood Svcs 3,127,450 3,230,860 103,410
Economic Development & Housing Svc 1,537,180 1,617,960 80,780
Equity Services 482,650 485,580 2,930
Finance 1,942,630 1,955,300 12,670
Fire 16,212,950 16,231,790 18,840
Human Resources 1,212,310 1,216,540 4,230
Library 4,687,640 4,715,150 27,510
Marine & Aviation 501 ,280 452,030 -49,250
Non-Departmental 4,010,430 5,212,610 1,202,180
Office of Management & Budget 284,970 284,970
Official Records & Legislative Svcs 1,207.340 1.213,820 6,480
Parks & Recreation 15,778.130 15,898,370 120,240
Planning 1,158,920 1,165,920 7,000
Pollee 28,929,080 29.001,350 72,270
Public Communications 905,120 907.840 2,720
Public Works Administration 8,709.300 8.774,790 65,490
Total, General Fund 93,236,590 94,929.450 1.692,860
Special Revenue Funds:
Special Development Fund 15,077 .040 15.077,040 0
Special Program Fund 1,845.720 2.732,587 886,867
Local Housing Asst Trust Fund 889,505 889,505 0
Utility & Other Enterprise Funds:
Water & Sewer Fund 44,452,990 44.452,990
Storrnwater Utility Fund 9,538,080 9.568,390 30,310
Solid Waste Fund 15,724,910 15,755,400 30,490
Gas Fund 28,393,600 28,585,710 192,110
Recycling Fund 2,344,840 2,403,040 58,200
Marine and Aviation Fund 3.181,860 3.189,650 7,790
Parking Fund 3,363.700 3,325,370 -38.330
Harborview Center Fund 2,276,280 2,276,280
Internal Service Funds:
Administrative Services Fund 8,332,980 8,332.980
General Services Fund 3,239,680 3,216,180 -23,500
Garage Fund 8,957,230 8,957.230
Central Insurance Fund 14,076,920 14,576,920 500.000
Total, AU Funds 254.931,925 258.268,722 3,336.797
Ordinance #7097-03
Second Reading
/~/
ORDINANCE NO. 7098-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2003, TO REFLECT A NET INCREASE OF $1,462,907
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30,2003 was adopted by Ordinance No. 7013-02; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City
Commission to provide for the expenditure of money for proper purposes not contained in
the budget as originally adopted due to unforeseen circumstances or emergencies arising
during the fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7013-02 is amended to read:
Pursuant to the First Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2002 and ending September 30, 2003, a copy of which is on file with the
City Clerk, the City Commission hereby adopts a First Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
!'la rch 20, 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
J1 ~4
Pamela K. Akin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance #7098-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
Original
Budget
2002/03
First Qtr
Amended
Budget
2002/03
Amendments
Police Protection 500,000 500,000
Fire Protection 1,929,200 1,926,173 (3,027)
Major Street Maintenance 3,782,350 3,996.454 214,104
Sidewalks and Bike Trails 3,006,560 3,006,560
Intersections 385,000 385,000
Parking 400,000 400,000
Miscellaneous Engineering 103,200 708,164 604,964
Leisure -425 (425)
Park Development 4,572,500 4,768,702 196,202
Marine/Aviation Facilities 340,000 339.419 (581 )
Libraries 642,500 677.463 34,963
Garage 3,111,500 3,111,500
Maintenance of Buildings 851,000 846,683 (4,317)
Miscellaneous 1,255,000 1,214,911 (40,089)
Stormwater Utility 18,699,000 18,711,659 12,659
Gas System 2,845,000 2,845,000
Solid Waste 500,000 602,961 102,961
Utilities Miscellaneous 227,000 227,000
Sewer System 14,238,000 15,255,213 1,017,213
Water System 10,175,900 9,170,724 (1,005,176)
Recycling 230,000 563.456 333.456
TOTAL 67,793,710 69,256,617 1,462,907
Ordinance # 7098-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr
Original Amended
Budget Budget
2002/03 2002/03 Amendments
GENERAL SOURCES:
General Operating Revenue 1,939,780 2,794,884 855,104
General Revenue/County Co-op 166,420 166,420
Special Development Fund 85,000 85,000
Community Redevelopment Agency 214,905 214,905
Road Millage 2,002,350 2,002,350
Recreation Open Space Impact Fee -50,760 (50,760)
Recreation Land Impact Fee -400,425 (400,425)
Transportation Impact Fees 290,000 290,000
Penny for Pinellas 4,775,000 4,289,451 (485,549)
Penny for Pinellas Bond -368,769 (368,769)
Development Impact Fees 75,000 75,000
Local Option Gas Tax 800,000 800,000
Grants - Other Agencies 4,656,560 6,642,783 1,986,223
Donations -782,000 (782,000)
Interest 132,181 132,181
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 225,000 225,000
Parking Revenue 400,000 400,000
Harborview Center Revenue 60,000 75,000 15,000
Water Revenue 141,250 141,250
Reclaimed Water Revenue 2,000 2,000
Sewer Revenue 329,750 329,750
Water Impact Fees 220,000 220,000
Water R & R 1,719,000 1,719,000
Sewer Impact Fees 200,000 200,000
Sewer R&R 605,000 605,000
Gas Revenue 2,857,000 2,857,000
Solid Waste Revenue 500,000 500,000
Recycling Revenue 230,000 230,000
Stormwater Utility 2,611,000 2,596,626 (14,374)
Grants 403,900 288,797 (115,103)
INTERNAL SERVICE FUNDS:
Garage Fund 74,000 80,000 6,000
Admin Services Fund 225,000 225,000
General Services Fund 250,000 250,000
Central Insurance Fund -25,626 (25,626)
Ordinance # 7098.03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr
Original Amended
Budget Budget
2002/03 2002/03 Amendments
BORROWING - GENERAL SOURCES:
Lease Purchase 711,200 722,734 11,534
Internal Loan 900,000 900,000
SELF-SUPPORTING FUNDS:
Lease Purchase - Sewer 188,000 188,000
Lease Purchase - Water 158,000 148,223 (9,777)
Lease Purchase - Stormwater Utility 200,000 184,653 (15,347)
Lease Purchase - Solid Waste 102,961 102,961
Lease Purchase - Recycling 333,456 333,456
Bond Issue - Stormwater Utility 15,955,000 16,117,044 162,044
Bond Issue - Water & Sewer 20,667,000 20,684,213 17,213
INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 3,111,500 3,111,500
Lease Purchase - Administrative Svcs 60,000 -41 ,665 (101,665)
Lease Purchase - General Services -4,317 (4,317)
TOTAL ALL FUNDING SOURCES: 67,793,710 69,256,617 1,462,907
Ordinance # 7098-03
Second Reading
I:>
ORDINANCE NO. 7099-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO NOISE; AMENDING SECTION 3-
1508A TO SPECIFY THE PLACES PROTECTED FROM
"LOUD AND RAUCOUS NOISES" AND TO REQUIRE THAT
"LOUD AND RAUCOUS NOISES" BE HEARD AT A
DISTANCE OF AT LEAST 100 FEET FROM THE SOURCE
OF THE NOISE; RENUMBERING SECTION 3-1508C TO
SECTION 3-15088 AND CLARIFYING THAT ONLY "LOUD
AND RAUCOUS" ACTIVITIES ARE PROHIBITED;
RENUMBERING SECTION 3-15080 TO SECTION 3-1508C
AND CLARIFYING THE CIRCUMSTANCES WHEN A
PERSON BECOMES RESPONSIBLE FOR ENSURING
COMPLIANCE WITH THE ENFORCEMENT OF SECTION
3-1508; RENUMBERING SECTION 3-1508E TO SECTION
3-15080 AND MODIFYING THE EXCEPTION PERTAINING
TO RELIGIOUS WORSHIP ACTIVITIES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3-1508, Land Development Code, is amended to read as
follows:
Section 3-1508. Noise.
A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or
cause to be made or continued any loud and raucous noise that can be heard upon
the public streets, sidewalks. or rights-of-way. in any public park. in any school or
public buildinQ. in any church or hospital. or in any dwellinq and that can be heard at
a distance of 100 feet or more from the source of the noise. measured in a straiQht
line from the radio. loudspeaker, motor, horn. or other noise source.; The WAfGR
term "loud and raucous noise" shall mean any sound which because of its volume
level, duration and character, annoys, disturbs, injures or endangers the comfort,
health, peace or safety of reasonable persons of ordinary sensibilities within the
limits of the city. The term includes, but is not limited to, the kinds of loud and
raucous noise generated by the activities enumerated in subsection B G when the
loud and raucous noise can be heard at a distance of 100 feet or more from the
source of the noise, measured in a straiqht line from the radio, loudspeaker, motor,
horn, or other noise source, but not including activities enumerated in subsection 0
E of this section.
Ordinance No. 7099-03
B. It sh::lll bo unl::lwful for ::In)' porson to c::luse loud ::Ind r::lucous noiso to bo he::lrd upon
tho public stroots, in ::In)' public p::lrk, in ::In)' school or public building or grounds
thoroof, in ::Iny church or hospit::ll or tho grounds thoroof, in ::In)' p::Hking lot, or in ::Iny
occupiod rosidontiClI dwolling ::Ind in ::In)' ovont from ::I loc::ltion not loss th::ln 50 foot
from tho sourco of tho noise, mO::lsurod in Cl str::light lino from tho r::ldio, loudspo::lker,
motor, horn, or other noise source.
fL G. The following noises, as limited by Section 3-1508A. sh::lll bo doomed loud ::Ind
r::lucous ::Ind are declared to be public nuisances in violation of this section:
1. Engine exhaust. The discharge into the open air of the exhaust of any steam
engine or stationary internal combustion engine except through a muffler or
other device that will effectivelv prevent loud and raucous noises therefrom
'Nhich subst::lnti:Jll)' diminishos tho volumo of the sound of tho oxh::lust.
2. Pile drivers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m.
on any day or at any time on Sunday, of any pile driver, steam shovel,
pneumatic hammer, derrick, dredge, steam or electric hoist or other heavy
equipment so as to create a loud and raucous noise.
3. Blowers, etc. The operation of any blower or power fan or any internal
combustion engine, unless the noise from such blower~ ef fan is mufflod or
&HeR engine is equipped with a muffler device sufficient to prevent loud and
raucous noise which subst::lnti::llly diminishos tho volumo of tho sound of the
oxh::lust.
4. Horns, signaling devices, etc. The repeated sounding of any horn, whistle or
other audible signaling device so as to create a loud and raucous noise.
5. Radios, amplifiers, phonographs, etc. The using, operating or permitting to be
played, used or operated any radio, amplifier, musical instrument,
phonograph or other device for the producing or reproducing of sound such
that speech or music emitted by the device is identifiable in terms of words or
melody so as to create a loud and raucous noise ::It ::I dist::lncG in ::In)' diroction
of gro::ltor th::ln 100 foot during wind conditions of loss th::ln 15 milos per hour.
6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or
other device for amplifying sound shall be operated or permitted to operate
within the city such that speech or music emitted by the device is identifiable
in terms of words or melody so as to create a loud and raucous noise at-a
dist::lnco in ::Iny direction of gro::ltor th::ln 100 foot during wind conditions of
loss th3n 15 milos por hour.
2
Ordinance No. 7099-03
7. Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or
place so as to create a loud and raucous noise between the hours of 10:00
p.m. and 7:00 a.m. on any day.
8. Animals, birds, etc. The keeping of any animal or bird which habitually makes
a loud and raucous noise loud noicoc.
9. Defect in vehicle or load. The use of any motor vehicle so out of repair, so
loaded or in such manner as to create loud grating, grinding, rattling or other
noise or disturbance which is not equipped with a muffler so as to prevent a
loud and raucous noise.
10. Construction or repairing of buildings. The erection including excavation
Cxc:lv:lting, demolition, alteration or repair of any building so as to create a
loud and raucous noise other than between the hours of 7:00 a.m. and 6:00
p.m. on any day or at any time on Sunday, except in case of urgent necessity
in the interest of public health and safety and then only with a permit from the
building oHicial, which permit may be granted for a period not to exceed three
working days or less while the emergency continues and which permit may be
renewed for successive periods of three days or less while the emergency
continues. If the building official should determine that the public health and
safety necessitates the issuance of such a permit and will not be impaired by
the erection, demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on
Sunday, the buildinq official He may grant permission for such work to be
done within such hours or within a shorter time period during such hours,
upon application being made at the time the permit for the work is issued or
during the progress of the work.
11. Commercial deliveries on propelty adjacent to residential property. Deliveries
of goods and materials to commercial property adjacent to residentially zoned
property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to
create a loud and raucous noise.
12. Propelty maintenance equipment. The use of property maintenance
equipment on any property adjacent to residentially zoned property other than
between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and
raucous noise.
13. Noises heard within schools, public buildings, churches, hospitals. The
creation of any loud and raucous noise which when heard in a school, public
building, church or hospital, or the grounds thereof, interferes with the
workings of such institution, or which disturbs or annoys patients in the
hospital.
3
Ordinance No. 7099-03
14. Noises to attract attention. The use of any drum or other instrument or device
to attract attention that creates a loud and raucous noise.
C.G,Persons responsible. Any person, owner, agent or supervisor in charge of
operating, ordering, directing or allowing the operation or maintenance of a device.J! 8f
machine, or any other noise source creating noise as prohibited in this section shall be
subject to enforcement of the provision of this section Oivicion as lono as the person,
O'.'1ner, agent, or supervisor had knowledqe or reason to know that the activity was
occurring, failed to intervene in an attempt to prevent the activity from occurrino, and
had the power or authority to prevent the activity from occurring.
O.~.Exceptions. The term "loud and raucous noise" does not include noise or sound
generated by the following:
1, Cries for emergency assistance and warning calls;
2. Radios. sirens, horns and bells on police, fire and other emergency response
vehicles;
3. Parades, fireworks displays, outdoor music performances and other special
events for which a permit has been obtained from the City, within such hours
as may be imposed as a condition for the issuance of the permit;
4. Activities on or in municipal and school athletic facilities and on or in publicly
owned property and facilities, provided that such activities have been
authorized by the owner of such property or facilities or its agent;
5. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable
opportunity for the owner or tenant in possession of the premises served by
any such alarm to turn off the alarm;
6. Religious worship activities occurring on or in the premises owned or leased
by places of worship, including but not limited to bells and organs;
7. Locomotives and other railroad equipment, and aircraft.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
t-la rch 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
4
Ordinance No. 7099.03
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
-, ,) 1 ~ jtl---
!/~ir. L't~~- '(. .l l,",\ ~~
Robert J. $JJrette
Assistant 'City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
5
Ordinance No. 7099-03
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Surplus for April 3, 2003
MILEAGE! REASON FOR
ITEM ~-NUMBEF YEAR DESCRIPTION SERIAL NUMBER HOURS SURPLUS I DISPOSAL
1 G0141 1993 Ford Crown Victoria. PurSUit 2FACP71 \^v' E PX 126533 75,470 AGE/CONDITION
2 G0248 1991 Ct1evrolet Caprice. Pursuit 1 G 1 BL5372/.IR 138025 56.984 AGE/CONDITION
3 G0253 1963 SEAGRAVE FIRE TRUCK N8730 83.386 Obsolete
4 G0366 1981 Mack Tractor 1,., 12N 136COBA007853 Unk. AGE/CONDITION
5 G0377 1990 Gorman Rupp Pump on Trailer 51490000000841800 N/A AGE/CONDITION
6 G0403 1985 WELL POINT PUMP w,'Trailer CMES~22 1.372 AGE/CONDITION
7 G0438 1975 ON AN 5CW3Rn68C Generator 16B534186CMP105 221 AGE/CONDITION
a G0445 1985 MILLER AEAD-200LE Welder JF901159 N/A AGE/CONDITION
9 G0475 1989 CATERPILLAR V40D Forklift 3EC05~76 434 Bad Engine
10 G0509 1991 Cllevro,et Caprice. PIJrsuit 1G 1 BL5378/.IR 138630 77.896 AGE/CONDITION
11 G0592 1991 Gandy Drop Fertilizer 250~~ N/A Rusted
12 G0595 1992 FORD 445C TRACTORiLOADER A413769 2.236 Age & Condo
13 G0605 1994 Cushman Utility vehicle I CUNG221 RL002425 6.827 AGE/CONDITION
14 G0629 1994 Kawasaki Mule 500 JK 1AF8A 1M.IB503332 N/A Salt and Rust damage
15 G0636 1994 Cushman Utility vehicle 1 CUNH227RL002560 7.085 AGE/CONDITION
16 G0698 1993 Lesco Self Propelled Fertilizer GOO 1-2022245 N/A AGE/CONDITION
17 G07l0 1985 CHEVROLET 70. A Frame Boom 1GBK7D1 F3FV218982 42.850 Age & Cond.lbroken cable
18 G0750 1988 GREEN MACHINE 12202 N/A Age & Condo
19 G1062 1985 BUTLER TS61 OD TRAILER 18UD10107F1002844 N/A Age & Condo
20 G1332 1994 Gravely 20G riding mower 000255 N/A AGE/CONDITION
21 G1382 1956 USMC 60 KW Generator 320972 N/A Obsolete
22 G1384 1965 GE 150 KW Generator AA023B73 N/A Obsolete
23 G1468 1995 F250 \\'ITH UTILITY BODY 1FTHF25H1SNA96853 140.180 AGE/CONDITION
24 G1640 1996 Ford Crown Vlctona. Pursuit 2FALP71W9TX160331 70.545 BAD ENGINE
25 G1689 1997 Honda TRX 300 A TV 478TE1407V A800884 3.355 Salt and Rust damage
26 G1690 1997 Honda TRX 300 A TV 478TE1401VA800900 3,466 Salt and Rust damage
27 G1728 1997 Ford Crown Victoria. Pursuit 2F ALP71 W 2VX 120403 86.098 AGE/CONDITION
28 G1822 1997 Hustler 3200 Riding Mower 6050027 N/A Worn out
29 G1896 1998 Gravely 20G riding mower 000488 N/A Worn out
30 G 1936 1998 Ford Crown Victoria. Pursuit 2FAFP71W7WX137535 90.398 BAD TRANSMISSION
31 G1961 1998 Hustler 2500 riding mower 7063088 N/A Worn out
32 G 1 966 1998 Hustler 2500 riding mower 7063090 N/A Worn out
33 G 1967 1998 Hustler 2500 riding mower 7063091 N/A Worn out
34 G2213 1999 Kawasaki Mule 500 JKIAFBC16YB514089 N/A Salt and Rust damage
35 N/A 1500 Wall 110V generator 47378 N/A Obsolete
36 N/A Detroit Diesel 45 KW genset on Trailer be7071b07 N/A Obsolete
37 N/A Hobart 350 amp welder NiA N/A Obsolete
38 N/A Hal-Gar 2cyl military genset 10984 N/A Obsolete
39 N/A Onan 12 cyl Natural Gas Genset 1172528929 N/A Obsolete
40 N/A Yanmar 4500 W Diesel Generator N/A AGE/CONDITION
41 N/A Two (2)- PU Truck Folding Ready Ramps N/A AGE/CONDITION
42 N/A Aux Diesel Dispensing tank N/A AGE/CONDITION
43 N/A Venturo Model E15500A Truck Crane 41570 N/A AGE/CONDITION
44 N/A Detrtoit Deisel 3 cyl Generator. Model 3913 3a074743 N/A Obsolete
Page 2 of 2
~ Clearwater
i<? I &>4..
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Events & Festivals Revenue/Expense Worksheet
Parl<s 8.:: R.ccrc'.~iOl~ I>cpart:mCl~~
& - . &
Date Event Revenue Total Expense Total Net Total
10/5-1 0/06/02 Animal Planet $6,086.00 83,205.00 $2,881.00 +
11 /2/02 Verizon Concert $32,208.00 $20,158.00 $12,050.00 +
11/09-11/10/02 Christmas Under the Oaks 815,276.00 810,843.00 $4,433.00 +
12/6/02 Christian Rock Concert 523,394.00 841 ,078.00 $17,864.00 -
12/8/02 97X Concert $245,224.00 8207,608.00 $37,616.00 +
1/24/03 Newsboys Concert $34,502.00 559,212.00 $24,710.00 -
3/8/03 WildSplash Concert $408,000.00 8355,000.00 · $53,000.00 +
Note: .Final fiClures are not available from TicketMaster for WildSplash. total may fluctuate $2.500.00 + or minus
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Clearwater City
Comn1ission
Agenda Cover
Memorandum
Final Agenda Item ;:
Meeting Dare:
April 3, 2003
SUBJECT/RECOMMENDA liON:
Approve the attached terms in the Letter of Intent and direct the Administration and Legal
Department to develop a final contract for the construction of a 300-space public parking garage
[gJ and that the appropriate officials be authorized to execute some.
SUMMARY:
Last year the City Commission directed City Administration to negotiate with the Pelican Walk
property owner to develop a joint public/private approach for construction of a parking garage on the
Pelican Walk site. Since that time the City and it's consultants have conducted a demand analysis
and numerous alternatives for garage facilities ranging from 200 to 450 spaces. City Administration
has briefed the Commission and sought policy direction on a number of occasions as staff has
continued to negotiate with the Pelican Waik property owner. As a result of this effort, City
Administration and the Pelican Walk property owner have reached agreement on the terms of
construction of a 300-space parking garage. The terms of this agreement are reflected in the
attached "Term Sheet" that has been signed by the Pelican Walk property owner. These terms are
as follows:
1. The Pelican Walk property owner will construct, own and operate a 300-space parking garage.
2. The garage will open to the public on a first come, first serve basis for a minimum of 30 years.
3. The rates in the garage may be no higher than other Florida resort locations and in no case
more than 150% of the city's rate or $3.75 per hour, whichever is greater.
4. The minimum hours of operation will be from 10 a.m. to 9 p.m.
5. The garage will be designed for a minimum life of 30 years.
6. The garage will be designed to accommodate an additional two levels for future parking.
7. The garage will be designed in accordance with Beach By Design guidelines.
8. The garage design will be required to achieve a quality appearance.
9. The city will employ an "owner's representative" to review the design and construction of the
garage.
Reviewed by' Originating Dept: .~)...' Costs
Legal ~ Info Tech NA Economic Development)LL,)- _-
BUdget. ~...;; Public Works -A-:~-' _User De.pt. ',;;:! (..,.../~i=unding Source:
Purchasing NA DCM/ACM 7 ~.. Economic Development :) Capllollmprovemenl
- t---
Risk Mgmt ~ Other ~ ~ Attachments
/" ~/ Letter of Intent
Map
$1.400,000
Total
Current Fiscal Year
ONlrat'ng
Other
x
Parking System Fund
Submitted by: 'B~ ~
Citv ManaQer
o Printed on recycled paper
2/98
Appropriation Code:
o None
Rev.
10. The city shall have the right to review and approve the plans and specifications for the garage.
11. The Pelican Walk owner will commence construction within 12 months of approval of the
detailed contract.
12. The garage will be maintained in a first class condition.
13. The city will provide an economic incentive of $1,400,000 to the Pelican Walk owner to
construct the garage.
14. The city agrees to enforce parking violations in the vicinity of the garage.
15. The city will disburse the city funds in the following order: 100% of the cost of the design upon
demonstration of the completion of the design; disbursement of the remaining funds in
conjunction with each one third completion of the construction of the garage.
16. The city agrees not to participate in or construct additional public parking spaces within 1000
feet of the parking garage for a period of five years or until the parking garage meets the
definition of "stabilized revenue". This is defined in the letter of intent. Exception to these
restrictions relates to the city's participation in the development of a resort in accordance with
the provisions of Beach By Design.
17. Should the city desire to build additional parking within one thousand feet of the garage in the
first five years, the Pelican Walk owner will have sixty days to exercise the right to construct up
to 200 spaces at Pelican Walk. If the owner declines the city has the right to construct the
spaces it desires within 1 000 feet of the garage.
As the Commission is aware the city has struggled for more than five years to define locations and
reasonable funding alternatives for additional public parking on both north and south Clea.rwater
Beach. Beach By Design identified the future need for two locations on north beach and two
locations of south beach. The Pelican Walk garage would be the first of these to be constructed.
Pros
a. Three hundred new public parking spaces will be provided on north beach
b. These spaces will assist in the redevelopment of the Mandalay Street commercial corridor.
c. These spaces will provide additional parking for beach goers.
d. The city will not have to fully fund, own, operate and assume the liability of the facility.
e. An opportunity exists to add 200 spaces to the garage at no expense to the city.
f. The private sector will assume the revenue risk associated with the garage.
g. The garage improvements and land will remain on the tax roll.
Cons
2
a. The city will not own or control the garage.
b. Should the garage "cash flow" the city would not benefit from these revenues.
c. There will be a short duration during which the city will be restricted from building additional
public parking within 1000 feet of the garage, unless associated with a major resort project.
d. The location is not the most efficient location for beach goers.
e. The city will commit a "one time" financial commitment of $1.4 million dollars to assist in the
design and construction of the garage.
A number of city departments have participated in the effort to evaluate and develop new parking
facilities on the beach. These include Economic Development, Public Works, Finance and Legal.
Each of these departments have reviewed the Letter of Intent and supports this approach. Finance
has reviewed the economic impact of the financial commitment and indicates that there will be
adequate retained earnings in the Parking System Fund. Attached you will find a map that illustrates
the location of the 1000 foot radius that was explained earlier.
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CITY OF CLEARWATER
rnq OFFICE Box ,P'IH. CLL\R\\"rEIl, FUlIlJl).\ 33758-47.i8
(rry HAl L, 1 J 2 Sl II TH C)q:EOL\ :\\'E:-;[ E, CLE:\I{\\'ATEI-:, FIDIlIJlA jJ7,)(}
TI'LEI'1I0:-;E ('~-) ')(}2"1(}"(} FAx (7 Tl ')(]2..j()')2
CITY \\:\;o;:\(',E"
March 19.2003
Mr. Louis Anastasopoulos
13. .I. E.. Inc.
Clearwater, Florida
Rc: Pelican Walk Garage
Dear Mr. Anastasopoulos:
This Lettcr of Intcnt sets forth the intcntions of thc City of Clcarwatcr ("City")
and B. J. E.. Inc. ("Pclican Walk"), thc owner of certain rcal propcrty on Clcarwater
Bcach popularly known as the Pclican Walk Shopping Center with regard to the proposed
dcsign, construction and operation of a parking garage on that portion of the Pclican
Walk Property which is currcntly improvcd and used as a surface parking lot.
Thc City desires to: I) promote the revitalization and redevclopment of the North
Mandalay arca of Clearwatcr Bcach and recognizes that additional off-strect parking
open to the public is needed to support such rcvitalization and rcdevelopment, and 2)
provide additional beach parking.
Pelican Walk desircs to improve and enhance thc economic perfonnance of the
Pclican Walk Shopping Center and rccognizes that additional off-street parking opcn to
thc public on thc Pelican Walk Propcrty will contribute to the economic viability of thc
Pelican Walk Shopping Center and othcr businesses in the immediate vicinity.
Thc City and Pelican Walk agree that it would be in the best interests of thc
Parties to enter into a joint public private agreement for the provision of additional off-
strcet parking opcn to the public on an equal, first comc, first serve basis. To that cnd, thc
City and Pelican Walk have jointly considcred altcmative means by which additional
parking spaces open to the public could bc designed, constructed and operatcd on thc
Pelican Walk Property. The City and Pclican Walk have agreed that thc most effcctive
means of providing for additional off-street parking spaccs opcn to the puhlie is for thc
City in thc public intercst and for a public purposc is to makc a tinancial grant in support
of providing additional off-street parking spaccs open to thc public as an inccntivc for thc
revitalization and redevelopment of the North MandaIay arca of Clearwater Beach and to
provide additional beach parking. Such grant is contcmplated on thc following gcneral
BRI.\S J ,\":q;, 1. \1"1 IH,CI )'\l.\II"III',f/{
\X'IIITS!')' (,P..\Y VICE ~1.\YOH.Cml.\IISSIl):-.;rH Iii IYI II \\111" ..... (:1l\1\1I";' .'.fH
FIl.\Sr; 1111I1I.WII. C, )\I\\IS'iIOSEv. * 1\111 .It IS'1 '-:, (:. 1\1\11":' "oI'H
"1\)[ !AI. E.\tl'l.(W~IF:-;T .\:-;!l :\1I'1I1.\IAII\'I: Al III I\' bll'llWLf{"
tcrms and conditions which would be thc basis of the preparation of a formal agrcement
bctween the City and Pelican \Valk:
I. Pelican Walk shall dcsign. construct and operate (or cause to be designed,
constructcd and operated) on thc portion of the Pelican Walk Property
currcntly improvcd as a surface parking lot a parking garage containing not
less than threc hundrcd (300) parking spaces.
") Pelican Walk agrccs that the parking spaces in the proposed parking garagc
will be opcn to thc public on an cqual, first comc, first serve. for pay parking
basis for as long as thc property is used for rctail shopping and parking
purposcs, or a pcriod of thirty (30) years. whichevcr is longer.
3. Pelican Walk agrccs that the parking ratcs charged the public for use of the
parking spaccs in the proposed parking garage shall be consistent with parking
rates chargcd for structurcd parking in other rcsort locations in Florida and in
no easc grcater than one hundrcd and tiny pcrccnt (150%) of the avcrage
parking rate charged by thc City for off-street parking on Clearwater Beach or
$3.75 whichevcr is greater.
4. Pclican Walk agrees that the proposed parking garage shall be open to the
public betwccn the hours of 10:OOAM and 9:00PM, three hundred and sixty
live (365) days of the year.
5. Pclican Walk agrces that the proposed parking garage will be designed and
constructed to have a uscful of life of not lcss than thirty (30) years.
6. Pelican Walk agrees that the proposed parking garage will be designed and
constructcd in a manner which would allow, in thc future, thc addition of at
least two (2) additional levels of parking.
7. Pelican Walk agrees that the proposed parking garage will be designed in
accordance with the requirements of Beach by Design and each and every
code and regulation of the City.
8. Pelican Walk agrees that the proposed parking garage will be designed and
constructed in a manncr which will ensure that the garage does not adversely
affcet the appcarance and community character of Clcarwater Bcach.
9. Pelican Walk undcrstands that the City will employ an "owner's
rcpresentativc" for the purpose of rcpresenting the City's interest in the design
and construction of the proposed parking garage and Pelican Walk agrees to
allow the City's Owncr Reprcsentative to have access to and participate in the
design and construction processcs.
")
10. Pelican Walk agrees that the City shall have the right to review and approvc
the plans and specifications for the proposed parking garage with regard to
compliancc with thc tem1S and conditions of thc joint public/privatc
aL!rccmcnt bctwccn the Partics relative to the dcsi!!n. construction and
- -
opcration of the proposcd parking garage.
II. Pelican Walk agrces to commence constl uction of the proposed parking
garage within twclvc (12) months of thc cffectivc date of the formal juint
public private agrcement betwecn the parties.
12. Pclican Walk agrees that thc proposed parking garage will be maintained,
operated and used in a manner consistent with other first class or high quality
parking garages in the Tampa Bay region.
13. In consideration of the public purpose scrved by provision of at least three
hundrcd (300) off-strcet parking spaces opcn to the public on an equal. first
come, first serve basis in the North ~lilandalay area of Clearwater Beach, thc
City agrees to provide Pelican \Valk with an economic inccntivc to induce
Pelican Walk to provide off-strect parking open to thc public on an equal. first
come, first serve basis in the fonn of a financial grant in the amount of one
million and four hundred thousand dollars ($1.400,000.00).
14. The City understands that strict enforcement of municipal regulations
goveming on and off-street parking regulations in the immediate vicinity of
the proposed parking garage is an important consideration on which Pelican
Walk relies in its undertaking to design, construct and operate the proposed
parking garage.
15. The City agrecs to pay the grant to Pelican \Valk subject to the provision of
appropriate sccurity to assurc completion of the proposed parking garagc
according to thc following:
a. Whcn thc City approves the plans and specifications for the proposcd
parking garagc, the City shall rcimburse Pelican \Valk for up to onc
hundred pcrcent (100%) of the cost of preparing plans and
speci fications.
b. Thc City shall pay thc balance of the grant on a progrcss payment
basis, with onc third of the balance of the total grant aftcr
reimbursemcnt of the dcsign costs being paid upon a dcmonstration
that the constmction of thc proposed parking garage is one third (33%)
complete, two thirds (66%) complete and substantially (100%)
complete.
16. The City understands that the financial viability of thc proposed garage could
bc advcrscly affectcd by the construction of additional off-street parking open
3
to the public in the immediatc vicinity of the proposcd garagc if such spaccs
were made available prior to the time that the proposed parking garage
achieves an annual occupancy of at least sixty-live pcrccnt (65%), determined
on the basis of the avcragc number of hours the parking spaccs in the garagc
are occupied. divided by the number of spaces multiplied times thc numbcr of
hours per day (4) during which the proposed parking garage is rcquired to be
open times three hundrcd and sixty livc (365) days.
(X)(Y)(365) = (.65)( I-ho\),
wherc
x =
Y =
I-ho\ -.
A vg. no. of hours of occupancy per day per space
No. of spaces in garagc
(Y)(365)(4)
In considcration thereof, during the first five (5) ycars after the proposed
parking garage is complcted, the City agrees that in the evcnt that the City
dctermines that additional public parking is needcd within one thousand
(1,000) fect of thc proposcd garage, Pelican Walk shall havc a first right of
rcfusal to provide two hundred (200) additional parking spaces at Pelican
Walk's expcnse and to achieve an annual occupancy of sixty-five percent
(65%) for the total number of parking spaces in the garage including thc
additional spaces prior to the construction of any additional parking spaces
within onc thousand (1,000) feet of the proposed parking garage with
municipal funds, except as otherwise expressly provided for in these terms
and conditions. The City agrees to give Pelican Walk writtcn notice of its
dctermination that additional public parking spaces are needed and that
Pelican Walk shall have sixty (60) days to advise the City of its intention to
construct an additional two hundred spaces in the proposed parking garage. If
Pelican Walk fails to timely advise the City of its intention to construction
additional spaces, the City shall be frce to usc municipal funds to construct
additional spaces in the area wi thin the one thousand (l,OOO) feet of the
proposed parking garage.
Notwithstanding any other provision of this paragraph, the City retains the
right to construct additional public parking spaces within one thousand
(1,000) feet of the proposed parking garage wherc the additional thc parking
spaces are a necessary element of a destination rcsort dcvelopmcnt undertaken
in accordance with the provisions of Beach by Design.
4
The Parties understand and agree that this Letter of Intent reflects agreement of the
Parties, but that none of the rights and obligations described in the Letter of Intent shall
be binding or enforceable until such rights and obligations have been incorporated into a
formal agreement which is approved by resolution of the City in accordance the
requirements of the City's Charter and Code of Ordinances and State Law.
Very truly yours,
ACCEPTED:
5
1 inch equals 400 feet
APR. 3.2003 11:34AM
SIEf'lON 8. LARSEN
NO.5HB
P.2/2
)-1"(7
'"(
. -,
l\1EMORA~THJM
SIEMON & LARSEN, P..!~.\..
To:
Pam Akin, Esquire
City Attorney, City of Clearwater
_/'I/) 1 Jl? '
Charles L. Siemol.(JK().it~j ....'-____
Pelican Walk Ga.?'9ge
From:
Re:
Date:
April 3, 2003
"--- ------.-..---......-.---..----
I talked with Nickolas Ekonomides and Louie Annstasopoulos with regard to our letter. of April 2,
2003. Nic and u,uie were very cle81' that the lease with Outback does not cont~tjn an obligation to
provide "reserved paddng." Acc(Jrding to Nic and Lottie, tho lease out)' obligates Louie to provide
~k with 2 hours oifree parking per patron. 'Ihe lease does contain a provision giving Outback
the option of luiving three parking spaces in the existing surface pa~king lot. designated for ~'1ake
out, "however, that option has not been exercised and does not extend to fi parking garage, if one is
constructed.
Based on my conversation with ?\'fessrs. F...kollomides and AnastasopcuIo[j , I am conftdent that there
is no misunderstanding \Yith regard to the meaning,ofthe language in the Letter ofIntent "that the
spaces in the garage will he open 10 the public and available to the p'i4biir. on an equal, flr~'1 come .
basis;7t and that it is understood that this languag~ wCluld. not allow the resc.rvation of particular
parking spaces for a particular usor.
,- .~ # 1'7
Norman, Lois
From:
Sent:
To:
Cc:
Subject:
Akin, Pam
Monday, March 31,20032:44 PM
Goudeau, Cyndie; Stone, Ralph; Quillen, Michael
Brumback, Garry; Norman, Lois; Diana, Sue
RE: 3/31/03 Work Session Follow up
The Commission asked whether we would get money for the Pelican Walk Garage under the Mack
Agreement. Depending on when the Certificate of Occupancy is issued for the Garage, we would
get some contribution.
The Mack agreement provides that Mack will provide certain financial support for a public parking
garage within 600 feet of Belle Harbor. The maximum amount of support to be paid by Mack can
never exceed $136,500; the actual amount to be paid depends on a number of variables. The
formula is as follows: the number of spaces to be supported, times the per space support amount,
times the applicable interest rate, equals the economic support owed.
If the parking garage is issued a Certificate of Occupancy by January 1, 2004, the number of spaces
to be supported is 75 for the first year plus 50 spaces for the second year, plus 25 spaces for the
third year. The per space support amount will be the City's actual cost to construct on a per space
basis; under our current proposal that would be about $4,667 per space. The applicable interest rate
is our cost of borrowing for the calendar year 2003 on a weighted average basis or six and one-half
percent (6.5%), whichever is less. If the Certificate of Occupancy is obtained after January 1,2004,
the economic supported is prorated for each partial year.
Below are two examples:
1. Assume the Certificate of Occupancy for the parking garage is issued on January 1,
2004, the cost per space to the City is $4,667 and the City's costs of borrowing is six and one-half
percent (6.5%). The amount owed by Mack would be calculated as follows: 75 spaces times $4,667
per space times .065 equals $22,751, plus 50 spaces times $4,667 per space times .065 equals
$15,167 plus 25 spaces times $4,667 per space times .065 equals $7,583. Therefore, the economic
support is a total of $45,503.
2. Assume the Certificate of Occupancy for the parking garage is issued on January 1,2005,
the cost per space to the City is $4,667 and the City's costs of borrowing is five percent
(5%). The amount owed by Mack would be calculated as follows: 50 spaces times $4,667
per space times .05 equals $11,667 plus 25 spaces times $4,667 per space times .05 equals
$5,833. Therefore, the economic support is a total of $17,501.
In any case, the money will be paid to the City upon issuance of the Final Certificate of Occupancy
for the parking, certification of the construction costs and certification of the City's costs of borrowing.
Regardless of when it is made, the payment is a lump sum one-time payment.
,..~'---
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Clearwater City
C011l1nission
Agenda Cover
lVlenlorand unl
Worksesslon Item #:
t-/\/ j
;-- I ~ _-J---
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Final Agenda Item #
Meeting Date:
4/3/03
SUBJECT/RECOMMENDATION:
Approve a Two-Year Extension to the Bond Counsel Retainer Agreement with Bryant, Miller
and Olive, P.A., 10 serve as the City's bond counsel,
OO.::r.:J mo, :r,0 appropriate officlols be cumorlzed to execute some.
SUMMARY:
· As a result of an RFP process in May of 2000, Bryant. Miller and Olive, P,A. was selected to serve
as the City's bond counsel. The initial agreement was for a period of three years, with the
option for up to one. two (2) year extension.
· Fees for this extension are unchanged from the original contract, Fees for issuing bonds are
based upon the type of bond issue and are calculated per $1.000 of bonds, The typical bond
issued by the City is a fixed rate revenue bond, The fee charged for the first $45 million of fixed
rate revenue bonds issued is $1.40 per $1.000 with a minimum fee of $10,000,
· The cost incurred due to bond issuance is paid from the bond proceeds.
· We have been very satisfied with the services provided by Bryant Miller and Olive.
Reviewed bY,::O ] IA
Legal JJl..J:.
Budget Nt A
Pure/losing Nt A
Risk Mgmt Nt A
Info Srvc Nt A ,
Public W~
DCM/A M
Other NtA
Originating Dept:
F i na n ce i.1'J\A\I"..--"'"
User Dept.
Costs
Total
Current FY
Funding Source:
CI
OP
Othe
r
Attachments
Extension Agreement
Submitted by:
City Manager
7!WJ M. .,... L.
o None
A ro riatlon Code:
Rev. 2/98
T\vo- Year Extension to
Bond Counsel Retainer Agreen1ent
THIS AGREEMENT l11ade this day of , 2()(13 by
and bctwccn the City of Clearwatcr, P.O. Box .P48, Clearwatcr, Flnrida .13758, hereinafter referred
tll as the "City", party llf the tirst part, and the law Bond Counseluf BRY;\NT, :-'III.I.I.:R :\ND
01.1\'1':, P..\., T:\I.I.:\II;\SSI':I':, FI.ORID;\ ("Bond Cuunsel") 201 South ~lul1l'oe Strl'l't, ~uite Sllll,
Tallahassee, I :lllI'ida .12.1( 11 hl'rein a fter referred to as thc "Bond Cuunsd", parry of the sl'cond part;
\'\/ITNESSETH:
W'HEREAS, the City and Bond Counsel h:l\'c prcviously cntcred into a Bond C:ounsd
;\grl'l'll1l'nt datl'd ~Iay OR, 2000, for a three-year period (the II :\greemclll"). Said :\grcel11clll had one
(1) tWll year renewals; and
\X'HEREAS, the City and Bond Counsd wish to extend the term of the Agreement for a
renewaluf the tir~;r renewal period, which shall extl'nd the term of the :\grcemcnt to I\l:1y OS, 200S;
and
NO\X' THEREFORE, in consideration of the promises and mutual covenants contained
herein and in the :\greement, the parties heretn do herl'by agree as follows:
SECTION 1: Bond Counsel is hereby authorized 10 continue to prcn-ide Bond Counsd
services as described in the :\greement and for the professional fees dcscribed in the l\greel11ent.
SECTION 2. :\11 other terms of the :\grecmem shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Bond Counsd have executed this :\greement as
of the date first written ab()\"e.
Countersigncd:
CITY OF CLEAR \V ATER, FLORIDA
By:
Brian .I. Aungst
Mayor-Commissioner
Bill Horne
Interim City rvlanager
^rn7tlo lorm:
~eflfl~R~~R~ Pamela K. Akin
~i~~nT'City Attorncy
Attest:
Cynthia E. Goudeau
City Clcrk
BRYA~X;'K~thEER AN~OaV~~
P.A~/<:~0~; /~/
B\': ~ ~n~ "11. f- 1'=-"';. \.J
I t~: 0;. ~. (,.>h' \"- .~ \ &:1-1
FlIlanclal Adl'lS\)f S(II'ICCS E\tcns1\1n :\!!fCCI1l(111
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Clearwater City
C 0111111ission
Aaenda Cover
o
lVlernorandu1l1
v.': rksession ITem #:
{Iv 2.
I .)
/ :.-'
._1 "
Fine: Agenda ITem #
Meeting DOTe:
4/3/03
SUBJECT/RECOMMENDATION:
Approve a Two-Year Extension to the Disclosure Counsel Retainer Agreement with Nabors,
Giblin & Nickerson. P.A., to serve as the City's disclosure counsel.
~ and that the appropriate officials be authorize;:: to execuTe some.
SUMMARY:
· As a result of an RFP process in May of 2000. Nabors. Giblin & Nickerson. P.A. was selected to
serve as the City's disclosure counsel. The initial agreement was for a period of three years.
witl, the option for up to one. two (2) year extension.
· Fees for this extension are unchanged from the original contract. Fees for issuing bonds are
calculated per S 1.000 of bonds. The fee charged is $1.10 per $1.000 for the first $10 million and
$.90 per $1.000 above $10 million. with a minimum fee of $5.000.
· The cost incurred due to bond issuance is paid from the bond proceeds.
· We have been very satisfied with the services provided by Nabors. Giblin & Nickerson.
.
Reviewed bY:~ t. J
Legal ra
Budget NI A
Purcl1asing NI A
Risk Mgmt N/A
Into Srvc
Public Works
DCM/A
Other
N/A
HLh
~
I..... "7'"
WA
Originating Dept:
Finance \..'<<\~
User Dept.
Costs
Total
Current FY
Funding Source:
CI
OP
Othe
r
Attachments
Extension Agreement
Submitted by:
City Manager
84/1 ~~.-
C None
Appropriation Code:
Rev. 2/98
Two-Year Extension to
Disclosure Counsel Retainer Agreement
THIS AGREEMENT madc this day of , 2003
by and between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758,
hereinafter referred to .15 the "City", p.1I't)' of the first part, .1Ild thc law firm of NABORS,
GIBLIN, & NICKERSON, P. A., The Pointe, Suite 1060, 2502 Rocky Point Drive, Tampa,
Florida 33607 herein after referred to as the "Disclosure Counsel", party of the second part;
W'ITNESSETH:
\VHEREAS, the City and Disclosure Counsel have previously entered into a
Disclosure Counsel Agreemcnt dated !vby OS, 2000, for a three-year period (the
"Agrecment"). Said Agreement had one (1) two year renewal; and
\VHEREAS, the City and Disclosure Counsel wish to extend the term of the
Agreement for a renewal of the first renewal period, which shall extend the term of the
Agreement to May OS, 2005; and
NO\V THEREFORE, in consideration of the promises and mutual covenants
containcd herein and in the Agr'.?emcnt, the parties hereto do hereby agree as follows:
SECTION 1: Disclosure Counsel is hereby authorized to continue to provide
Disclosure Counsel services as described in the Agreement and for the professional fees
described in thc Agreement.
SECTION 2. All other terms of the Agreement shall remain in full force and effect.
IN \VITNESS \VHEREOF, the City and Disclosure Counsel have executed this
Agreement as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. ^ ungst
M ayor-C omm issioncr
Bill Horne
Interim City Manager
2~rL!il(ml1:
Jol1l\ CRn,~
A::;~i!\t:lIlt City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
ITEM # 10
Clearwater City Commission
Agenda Cover tv1emorandum
.....
-, '. _/'
Worksession Item #: j/ 1- .
,.,//;
Final Agenda Item # _' [ ,
Meeting Date:
04/03/03
SUBJECT/RECOMMENDATION: Approve four additional Park Service Technician positions (4.0
FTE) to be added to the Parks and Recreation beach maintenance team,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The current landscape maintenance contracts for the Gateway to the Beach Area and also the Beach
Comfort Station are scheduled to expire in June, 2003.
. The annual amounts are $63,400 for gateway maintenance and $30,000 for custodial maintenance.
. Staff from the Parks and Recreation Department have reviewed to determine whether contracting this
service out continues to be the most cost effective approach for the City and maintain the required level
of service. There are currently service level concerns with cleanliness and damage to the comfort
stations and also landscape maintenance of the Gateway area. In addition, a review of new impacts
needs to be factored in.
. Staff analysis indicates that the addition of 4 FTE's (Park Service Technician I) in the amount of $46,700
for FY03 and $93,400 annually (includes all employer benefits) would provide the City a higher level of
service that is desired.
).. Increase in overall maintenance service visitations from 3 times per week to 5 times per week.
);. Provide 7 day a week staffing presence. Will provide higher level of service to maintain and report
problems with beach comfort stations. This is annually the departments number one complaint area.
);. Current staffing is only 5 days per week (7 for beach raking), however the demand is greatest on the
weekend and staff is needed to maintain the beach area and its amenities to the City's standards.
);. Allow the absorbing of new maintenance impact from the Mandalay Streetscape.
~ Raise the level of maintenance in the Gateway area consistent with City crew work and Pier 60 Park
and the Marina and Beach Recreation and Aquatic Complex.
).. Increased care and maintenance of all site furniture exposed to harsh environmental elements.
)00 If approved, City maintenance would begin effective May 3,2003 and be supported by the
Department's "Beach Team".
Reviewed by:
Legal N/A
Budget ,....... >
~
Purchasing ~'A
Risk Mgmt N/A
Info Srvc
N/A
Originating Dept:
Parks & Recreation Dept. ,~
(/'
Kevin Dunbar, Director V '
r Dept.
Costs
Total $46,700
w?
Parks & Recreation Dee!:...__
Attachments:
Current FY $46,700
Funding Source:
CI
OP
Other
01895-530300 &
A ro riatlon Code: 01867-530300
Rev. 2198
Submitted by:
City Managor
-D eA I J J _ ~....._
~ ~...-
o None
Printed on recycled paper
-~ : .p::- 1.0
Norman, Lois
From:
Sent:
To:
Cc:
Subject:
Dunbar, Kevin E.
Monday, March 31,20035:28 PM
Goudeau, Cyndie
Brumback, Garry; Norman, Lois; Diana, Sue
RE: 3/31/03 Work Session Follow up
The comparison would be in a two fold process:
Current Level of Service
This takes into account the current contract dollars which are $93,400 and provides daily maintenance of the comfort
station (twice per day seven days per week other than during the heavy season which is three visits per day) as well as
the current landscape maintenance that we receive in the gateway area which is 3 visitations per week to do littler control,
wedding sprucing up mowing etc., and the cost of adding PST I's including benefits. The annual cost per position is
$23,238. For the four positions $92,952 is the annual cost. .
New Level of Service
By adding new staff a couple of increases in level of service would occur. First, site visitations in the entire beach team
area (not just the gateway) would be increased to five times per week. In addition the Mandaly Streetscape project would
be able to be maintained by these same crews without any new resources needed. Most important comfort stations
would be check and addressed on an as need basis with the initial plan being every two hours and increased if it is
warranted.
This is all within the same dollars that were allocated for this services, the new method will allow for the increased level of
service in order to address the importance of maintenance in this high profile tourist area. If you need any additional
information, please let me know.
Clearwater Citv Commission
"
Agenda Cover Memorandum
I .' /.')
Worksession Item #: .,/ . '
,.1/
Final Agenda Item # '
Meeting Date:
04/03/03
SUBJECT/RECOMMENDATION: Approve an additional .5 FTE pool guard position for Morningside
and North Greenwood Recreation and Aquatic Complexes,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City currently does not provide lifeguard services in its training/activity pool areas. The
training pools are designed for toddlers and small children and must be accompanied by an
adult 18 years of age or older to supervise them during the use. Guards stationed at the
main pools have been required to monitor the training pool area during peak utilization. This
is consistent with state swim code guidelines.
· During the past three years the City has added an activity pool area at Morningside and
constructed a new activity pool at North Greenwood. The pool at Morningside has been an
overwhelming success and has generated a greater use as will the new pool at North
Greenwood.
· While not required by the Florida State Swim Code, staff is of the opinion that during the peak
time of the year (when school is out) that these areas need to be supervised by a certified
lifeguard to ensure compliance of the appropriate supervision in these areas to prevent
serious injury. These areas are fenced off from the main pools.
· Staff recommends adding a .25 FTE (35 hours per week for 14 weeks) at both the
Morningside and North Greenwood facilities to provide the needed coverage.
· Funding to support these positions will be derived from resale of items at the City's aquatic
facilities.
Reviewed by:
Legal NA
Budget .....
Purchasing NA
Risk Mgrnt NA
Info Srvc
Public Works
DCM/ACM
H. Resources
NA
Originating Dept:
Parks & Recreation Dept. tt-- Total
Kevin Dunbar, Dlroctor Y "
User Dept. \:-1:/'" Current FY
Parks & Recreation Dept.
Attachments:
Costs
10,580
10,580
Funding Source:
CI
OP
Submitted by: D.., ~J_
City Manager g,cA( ~..~....~ -
o None
Resale Items $10,580
010-01823-510200 &
A ro rlation Code: 010-01813-510200
Printed on recycled paper
Rev. 2/98
Clearwater City Commission
Agenda Cover Memorandum
/) r, I
Worksession Item #: /' h/ 1/
Final Agenda Item;; ,J )'
Meeting Date: 04/03/03
SUBJECT/RECOMMENDA TION:
Ratify and confirm change order #1 to a contract with American Water Services Underground
Infrastructure, Inc. formerly Azurix North America Underground Infrastructure, Inc., in the amount of
$30,649.00 for cleaning of the wastewater interceptor system from the east side of US 19 to the
Bayside Bridge, for a new contract total of $185,499.00,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City Commission previous awarded a contract on January 9, 2003, for the amount of $154,850.00.
The City had originally estimated that $154,850.00 would be necessary to clean the existing wastewater
interceptor pipeline from the east side of US 19 to the Bayside Bridge. The line needed immediate attention
due to a recent overflow caused by heavy sediment buildup.
· The contractor was tasked with cleaning the main interceptor line, which was estimated to be half full of
sediment. Once on site, the sediment was greater than originally anticipated and an additional upstream
area was added to the scope of work. The increase in scope added an extra $30,649.00 to the original
estimate, resulting in a total project cost of $185,499.00.
· Sufficient budget and revenue are available in 02 Bond Construction Fund project, WW Interceptor (343-
96605) to fund this contract.
Reviewed by:.<:"'-_,
Legal ~t1of~~
Budget
. ,,A'-....
Purchasing ~
Risk Mgmt 'N/A
Info Srvc
Public Works
N/A
Originating Dept: /"'~
Public Works (L. Murrin)
User Dept.: Public Utilities
.'")'4" ~
Costs:
Total
$30.649.00
DCM/ACM
Other
Current FY
Funding
Source:
CI
OP
Other
x
Attachments
Submitted by: !:JJ AI.. Appropriation Code:
- .- 00 None
City Manager ,_1lIIIII"""" 343-96605-5 800-535-000
Prlntod on recycled papor W astowater Interceptor Cleaning CO#1 (US 19 to Bay side Bridge) Rov.2/98
{0'.J--~
j. 'I, / /
-. I ~ I
. I
:.1<1rch 5,2003
CHANGE ORDER #1 & Final
DATE:
PROJECT:
Cleaning of the Wastewater
Interceptor System from the East
Side of US 19 to the Bayside Bridge
AWARD BY COMMISSION: 01 /09/2003.
P.O. REFERENCE NO.:
699 ~49R5
CODE:
]43-96605-56~SOO-5~5-000
CONTRACTOR: American \Vater Services Underground Infrastructurc, Inc.
FormerlyjAzurix No. Amcrican Undcrground Infrastructurc Scrvices, Inc.
14413 - 62".1 Street North
Clearwater, Florida 33760
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
This change order provides payment to the contractor for the additional quantities needed to complete this
}-lrlljecl. L.S."J @ 530,649.00 = 530,649.00
TOTAL INCREASE +
530,649.00
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
5154,850.00
5 30,649.00
5185,499.00
American \Vatcr Services Undcrground
Infrastructurc, Inc.
By ~((" ( (L. "i :'150;1)
Deiy"Ilda CoopJr '-~ ~ \.....)
J I / - -~
Date: ~/I....-'-r 1.....' '--:.1
Brian J. Aungst, tvlayor-Conunissioner
'j"-j ""7"\ ._~... I
, "' I ) I-
I{ i./~:" >t / . . / ."
.... /"
Bry~r\.D. Ruff, Asst. City At;
(Approved as to form)
.~
1~"" c;~c.~2..
ATTEST:
Cynthia E. Goudeau, City Clerk
Date:
.
RCCOlr/1P1 . nded By"
'I 1
/L /f I~' I I L/
Gary A. iohn~( n, C C
Public ScrvicJs Dirl'ctor
~-~~;1'?~.
ivlichael D. Quillen, P.E.
City Engineer
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
\-\'illiam B. Horne II, City ivlanager
.)) c '--/
( f( I- .) .-1_
APPOINTMENT WORKSHEET
/J
FOR COMMISSION MEETING April 3, 2003 Agenda # ,2~:)
BOARD: Airpark Advisory MEMBERS: 5
TERM: 4 Years CHAIRPERSON: Brenda Nixon
APPOINTED BY: City Commission MEETING DATES: 1st Wed., 3 pm
FINANCIAL DISCLOSURE: Not required PLACE: Commission Chambers
RESIDENCY REQUIREMENT: City of Clearwater APPOINTMENTS NEEDED: 1
Special Qualifications: None (5097-91)
THE FOllOWING ADVISORY BOARD MEMBER(S) SEA T(S) 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 Benjamin
1504 Ridge Top Way, 33765
1995
Not Applicable
End of 2nd Term
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
Name-Address
1. Donald "Scott" Armstrong
1975 Harding St., 33765
2. Charles G. Harris
3229 San Pedro St., 33759
3. Dennis Roper
995 lake Forest Rd., 33765
(Served one term on the Airport Authority 1997-2001)
Zip codes of current members on board:
2 at 33755
1 at 33756
1 at 33759
1 at 33765 (Benjamin)
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: 'u 0 A (.J t..f It Sco 1T ;9..-...,.., ..:)-h--oY'\ l I,
Home Address: Office Address:
tIJ\R l) il i:~DO~3
~
Jt:) 75 fi Ii rt/:J )N&' ..::5/
~ / ~tA.-rt'AJ e.-./.. ~ ~ Zip 3'37 t...S'
Telephone: ?,1?- ~l{/-/t,,yO
How long a resident of Clearwater? ~ n.. ~ e
Occupation: ~A-l- E!> ~r~
Field of Education:
L5v5u?,;'$S nJ" D/05 ~ r/)fJf::R.
Zip
Telephone: '1,2 7 - t, sto -/ () a L t:!-E"LL
Jt:1fo
Employer:
Other Work Experience:
If retired, form'er occupation:
Community Activities: L,lf/~ L eOJj U c. +
-
~ c. s .i c.lk/ I L!. (J /9-C A I/J]
Other Interests: ~6~5 . 5 t...-C-J lot--
Board Service (current and past):
TJ()"~
Board Preference: ~
f)., r"p~rk.. MU'SO/lY
Additional Comments:
Signed:
~~ AJ-
Date: ~1/~.3
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
__ n ~_~~+ --~~.J:b.--1--Th----pft~-~_/S~_2:~
~.J.~___iL a..t'r(<p-"J,...
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
Cf z:-S
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
.....
L kit '-'e... r.!~~-t a.., a-o,... So tcf)t!."o.-L L~~J.)~U-
-l ~ I ~ (I... W1. ,,-,>,,-c.. ~ " ""'" .,,+ CL<>-pc:,.c.. ~ ~ lA..L-J-e
~~l~~_~&__o+-he'-s_ A.s~_~L~&_~f{_~J.f:'.
4. Why do you want to serve on this Board?
_&_~)~L~'~9h.1UJ/~) o-~ i C- l1..t('p~d, ~(kW\...
Jh.I-~'i;.It.tf) l'~ ,'''-is. -{?v/.v~. ~~~e~td//Y 4))/;1
~ ~ I /
~.~j rv:>/"?u_d_r! o--'=7~~_!._~f:12~c.L'f-~ l..... . .f:.zf',c .
,..{L a.~~aro.J r~~l f-<; uf,fb-' rL c.~aA..
Name: ~ -#- #d-~
Board Name: /J1....I"~k Wu,sd.<ey
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:C'#'4~Lt:; G.. HA~I2'.s
"loR t~\ 'JYllJ
U.' -, .~ ,"
Home Address: Office Address:
J~2 9 .s-AN J.'eDLlc) 6r
~~4~AT~ FLzip .?~9 Zip
Telephone:{72T} ?Zb - 30,.~ Telephone:
How long a resident of Clearwater? 4t" ~ _
Occupation: ~t:77 ~Fn Employer: ,5F"JSeRy:{/,,~ULa)
Field of Education: Other Work Experience:
FAluIAJI':~/AI~ ~~~t~o4l/.:S Bpr~
If retired, former occupation: F~C,'rRDAI ~ c s 8vye~
Community Activities:"~ 8t'A,eJJ ~I= P~~FCTb~s ~ PFL-O~'"
u,~"E5 e-.-vr4~ #ST6/"80~~lIb 4~SOC
Other Interests: ~4y/AI~.., HO~E 1Ze---P/l/.R
Board Service (current and past): Board Preference:
A/#/l/E A~~PI'~r4dnHJ~ry
Additional Comments: P~~N~Y Oll/Aleb 4-/~e~~r r1'tD
P~~A/ 4r (UIP~ A/~~~
Signed: ~ rb.L €!Ilf;~4 Date: ..-1'/// /0.3
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
vA/ ~~JI-I/~'A~ BuT W'LLIN6 TO LE'AAlIV-
2. Have you ever observed a board meeting either in person or on C-View the City's
TV station? 1
v~
",?
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board? #-
H~'D P~V4~ flLdTs L.ICCWlsE /O~€,DS3
4-6D ~~,,6/e- /AlT~t-~.r ~~ 4I/r4T1d11J'
.f N)'" ~~~E ,jJ ~ 1$ NOr e~l~
4. Why do you want to serve on this Board?
r"P ~41"JIIP U/H"'re-'C~ /NPaT
IW/I-Y 1iIe:- N~>>~Y ~ ~4,AH79,~
A ,64p-e~ PAlDFiTAD~ O~"971..
Name: ~#4~~ ~- H/,INAYS
Board Name:~/~POlllr AprHo~lry
,'.5 ~ MY A/~-PD"~ Ne/6H8!!.~, "...,p~~
M.II~ J,8~JoRAl-.5DAI,FiEELS L couLD 817
~P~L /JtI 71-#1$ e,APAO ry
5EP 27 '93 a9:se
"'t'"'O 2 !1 """3
\. '-I '1 ~,.,;).
\'/ L.,. \of hJ..S
, . '.
.:........ ....~ ,_I lo-.q'_ \." .__....
CITY CLE~;' ~[n'.
CITY OF CLEARWATER
AppUc8tlon (or AdvisOty Boards
(mult N Clearwater resident)
Name Dennis G. Roper
4301 /v. I-h V),,-Q.. S' A-v~ ...\C\~Y\1 0....
Home Addresa:
995 Lake Forest Rd,
OfficI Address: 1~19North
,Suitt:: # GOO
Clearwater I FL. 21~i.. 34625
Telephone 796~ L1~\
.
2tP: 84626
-3 5 tf ;('150
How Long _ r.sldent of the City of Clearwater? Eleven years ,\q, _ Cl ~13
Occup.tion Pilot & Reporter Emplover _ M~ty a Tr..Jft..... CUlrtJ:~l:-
F\o(\d"'Trc,-~'c. L-V~~
Other Work c)(perlonce:
25 years as a reporter /journalist
€'lel:u wa"Cer., Fl.
Tellphonl 536 CJS96
Field of Education:
2 years Mass Commication
2 years Practical Engineering
radio, television & newspaper
It ,.tlr.d. former occupation
Community Activit08: Member & Public Relations advisor , Sk~rest United
Methodist Church, advisor; Cub Scouts Pack # 77 - Clearwater
Oth.r Interests: Enviroment & PIannin~, (I'm a fisherman)
Board Prllfertnce:
I would like to return (after a year
of ~ettin~ m '( business in order) to
com plete \vor k on the Airport Board
Additional Comments: The Airpark is a great asset and needs good n1an~e-
men t ip order to remain so.
Signed: f..' Ie III L.~~l (:. 1~'Jlt-' Cate: 9/27 /93
I
Board Service (current and palt)
1 - 3 yr. term I Vice Chair I
Airport Advisory- Board
Pleau $'" .<<ached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City C'erkil Oepartment P.O. Box 4748 CI.arwater, FL 34618
3/9/ i5 -- '~f Cd~\ \'IS+
~I/Lf {qlt - ~v-f () f\ ll~+
O\(t-J lu/~h 7'r-17 I {,,-,n',,"(~
._; /
~1. ?,' / .} '-'''I
..) '- I . ~.... \."
l
BOARD OlJFe;TIONr~Alm=
1. )/Vhat is y.o ur unlj~r:;t.5I1djng ';)1 Ih B bo.:mf ~ ~1.J,.i~~~ ;~1'1I1 r ~~;p[m~;1 h 1111.i'~!5:2
Oversee planning and operation o~ the city owned airp?rk
thru. s~aff and to make recommendations on policy and pro-
ceedures to the May<?r _and city commission. It is also very
important to be a sounding board for all city residents in
regard to Airpark activity.
2. H-3ve ~"JU ~ver ob<jer,.l€.d a bC'ard' meeting either in I)~:~(m ()r' Or' C-VI[~'JV. 1114,:
Cit'(s rv ~Ct:lti()r'I'
Yes. I have served on advisory board~_ ~it.~ the city and
county in the past.
:i 'I'Wlo't: Imd'[frl.ll.lrlf,i ;,mrl}l.lr QI)\llilk'~tron~ do 'YOU hillfC thillt YCI.J failel wOl.Jld CjLJlillify
.~. UlJ I ~ :it:'r \,/~ HII [II i~ Bcmr La
I have been involved in all phases"of general aviation for more
than thirty years. I have owned an ~v.iation company and my
past experience with airport planning and budgeting has
provided me with the bac~Qrounq to serve weJLon this panel.
ol1.. VVh'tf dlJ ~I'I)U w;; nt t.':I S rsrVi (1 nth is; BOilrd 7
Many people have given time and energy into making our city's
::lirpnrt np.ighh()r~ frip.nrl~__and self supporting. I personal~
have worked more than ten years in this area. Now that the
facility is a successful enterprise fund, we must continue to
improve this vital link in the air transportation system and our
tourist based economy.
r-!f'!(r'J8: Dennis G. Roper
ijiJ,'JI'd N;1rrrl~: Airpark Advisory Board
"'J) .-- /)
ell!'; -z
APPOINTMENT WORKSHEET
FOR COMMISSION MEETING April 3. 2003
/)//
Agenda # .//.,
BOARD: Library Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Judy Melges
MEETING DATES: 3rd Fri., 10:30 am
PLACE: Library Conference Room
APPTS. NEEDED: 1
DATE APPTS TO BE MADE:
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 Interest in
Record reappointment
1. Rhonda Smith 1999
3235 San Bernadino St., 33759
No - Resigned
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE
ABOVE VACANCIES:
Name-Address
Comments-Related Experience.Etc.
1. Norma Carlough
1756 Ashton Abbey Rd., 33755
Retired Insurance Agent
2. Jan Regulski
1045 Chinaberry Rd., 33764
Retired
3. Manoj Harest Shewa
675 S. Gulfview Blvd. #306, 33767
Computer Info. Systems Instructor
4. Patricia Bates Smith
105 Sunburst Ct., 33755
Retired Elementary School Teacher & Retail Sales
Zipcodes of current members on board:
1 at 33759
2 at 33761
1 at 33765
2 at 33767
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
( '), ., . , '
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,\
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Office Address:
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Home Address:)
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/..' I;';) ", ': \ ...) 'T ':~ f.'
_ I i ... .... I..."'~ . ... '-
.--'0., .-., . ' -"J . I ,
Telephone: / ,- . - ..,'~.' ~.::I l' .~> (.
How long a resident, of Clearwater?
, ,.- .
;( .('" i' " /. (" ;\
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Z. .,~ . ~ . ..,( -- ,
IP /... ,,\
Zip
") ('
'x "
Telephone:
'/ .' \..'
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Employer:_
Other Work Experience:
l) r:/.( (/u /cJ- 77-'17 :'/.,,)/ A_)C~ \ 1:,1,1
I<:-/J-/'u <. ':'~::I: { ,I A./iv,~ -- l..: (~~ c::! /:: T SIIe,
.) ~ . 1,'
_ /\...(;r;I"../~('.f\}() Lf t-lr}- {bf71..'/~-IU,/(V I;IC;';.~!'"
. ) I . _ ,-.' - -, .' ..
If retired. former occupation: tf-C/\i"-ll!l~( ,[A/.~ (Ln f: fCr/\ll'l-.'I:./\ /Ic,"r,
Community Activities: '\ f
) \)D,--c-..
Field of Education:
I -i )
I ~ I.. I"":" A. :r L I \ I i I
,-
Ie I"--l, C I ':, /-1'
Occupation:
Other Interests:
,
!.,' \: I
I(--",.k.,' ,L j"..J
j
(" , .
---- /~Ll~~, ""~' lJ~----- -~\.C
( ) '.
. Board' Preference:
r~ /1 J
IC n?J
LlB
(),. I - /'
,; ". (,-" ..;...{"
/
Board se\~ce (current and past):
i LCY~(~/
Additionai Comments:
Signed:
I!. ),.
~L\_ -t l1. L
-/'
C':' L- ""(I~<.J\,_.: ( __
\
"
Date: "7. l~ / - C'i'
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
RECEiVED
8/13/01 - verified continued interest in EAB & LIB
erN CLEHI< OEPI~HrMENl
BOARD QUESTIONNAIRE
1. What'.is your understanding of the board's duties and responsibilities?
( ;
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.... '. , \ \. ... ..
I
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
)lCJ
. )
'7'
3. What background and/or qualifications do you have that you feel would qualify
you to ser\(e o~ this Bo?rd? It /
. /) i , ()" ;_-. . . _ '- -
( (p. , J ~ l ~'-r.. t - \.S L,0-. ,\ :..~ - ,) I
~~ \\ t / ,I-.~~(_
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4. Why do you want to serve on this Board?
\ "
.\
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I. ~..._ \\ /I'l ',,(
~
( i\.\.', I1l,\, C v\..~J\- -'
Name
;;: .
{// I
\ C1'\.. '.. V
Board Name:
Li/J'..,"tlf'(" ([(/)) UK..'
( , I '-"(1' t .
'.'1 ,. :,/;/, "~ /1
'. I' ,I. "i.(j'_\j' C vi":.. /1.')/./
( f~r/ ,; )
,
I
"
CITY CLERI< DEPI-\l-lTMEN"t'
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
/,
Name:
~ ~A/lJ I\EC,(IL5t, {
Home Address: Office Address:
I rJ '/- 5" C#/ /1/ rJ 13 8- 12 /6 'I /2,.40
Cl-&fRu.,J~/L Zip 337(, 4 Zip
Telephone: /1/3 - .53/ -- fa.2 S-'f Telephone:
How long a resident of Clearwater? # yrS
Occupation: /kI- Employer:
Field of Education: Other Work Experience:
If retired, former occupation: '7" !;;~~ - tL/P')~6B"'1 '/J",k0
Community Activities: ~ E-/1/ c;l= ~ C/ea--tUJcakL ~~L~q
A/z:,fl ~&SgJ/TFL/#-/1/ /?#~U-#-5 (]~n7u---nV'//:;0;-4 ~CV1d
Other Interests:
Board Service (current and past):
;?Iz- ?7'L5 Iff 5 en
Board Preference:
,L/6/Z4/Ly &&/2.D
Addiiionaicumrnents:~~~ ~.;,,~ A
~ ~ ~--';t. ~ ~ ?A--it!~~f,~".~/" .
/~ ~ u::...... ~ ~ 4.. _.J -~_
Signe~____ /.~ Date: 'Y.n""r /,5"- /9P,r
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 '/hf li1~ ..01 'h";i
/ J 0 {', t' k -f '" ,- -, ; JJ41 Jf~.r R n
1/:),C:/()6 V~(\il'e.d (:o~' -, i 1--,' I~..J _0 l , .~-',..
IV/ Ii Y I~) 799B
'; 1"1'\/ " , ',,, ~.
" · Ii -...... ~ I"," (' or'
'"- I <.l t .1!,:: i-'
BOARD QUESTIONNAIRE
/'Cc-~ (:f--~
1. What is your understanding of the board's duties and responsibilities?
d
':I~- d-L--t-~
I /
~,
../71 ~--'-A -d. ~ /
/~
~
L~
Z;
~L~
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
~-
~
~
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~/
~
(~~Z1_A..... _
~
-f.,-t
~~
r-(/ ~
7~
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~-
. - - #
~"'-~~
~ ~~L<-~~~-
4. Why do you want to serve on this Board?
~~- ~ ~ A~ r:. I!--L,
I~J--Y "./~ ~
~.
~--
~ ~~~ ~
Name: (~ l(~'~
;'~- !::!:::;
Board Name:
/fJ1 1:;1 (''9 "/f:"9
~~"'JI'.lVED
M 11 \" 'r G .
" \J 1998
,~..-
... ~ , \i 1: c t.':'~" .
""'<"hf{ Of;';"r
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARO.kC\N1'1 ,~11If~
(must be Clearwater resident)
\-H\t2.I~ $ 1'\
S H ~ \,-l i\
Name: "" ~ f'J c S
Home Address:
G. -=t.!) S. (71U.L e v L I;: \/J i?;.L\J ~. U ioJ,", ~c; b
Office Address:
%.~s--o I.lLMt'~Il\(."'" 1-:< C)' , 0['-111 tUt.
c.:. L r=.A l!- W ~ \' G. 12- . I=" l- Zip ?,.~ + (. 't
Telephone: ":p.. -,. - 4 L4 2 - C'L ~ l,
How long a resident of Clearwater? i ~ jti' C4. '(' .\
Occupation:(.to,~pI.\.TG~ L.vrO. 's'-(ST.;.y\5 j'l'I:'Y~'lL\G~ Employer: G'DVtA"IcN ~Mr:I2)(o(.l. iAMP"~ T'=(I-!.
L.. ,-:\ a. /.-, ~ F" t..
Zip J ~ r~ ,
Telephone: '1). 1- - S ~3 -L - \ c\ ~ r\
r= 11. t ,. It '2.. s-
Field of Education:
Other Work Experience:
8. s. c.. c~,^i'\.\"\ ell. r:.oJ ",1 N \~ eiZ I.~(;) ( \A sl~'l
Hv -f i: \. M ~ N ,~ L. I~ .'\'\ r; ,~ T
?..; L(>..", ,14, T G.L 1.~ ,';:\.l ~ r"'~" 0 N .:> i s 'll~ iV\ ( I.\~I:)
1\ 1.4, Q, .. I ," 1.1
If retired, former occupation: p.J /13.
Community Activities: YJ.'),S IV'\\;Mllcl2 c.i=- NP-"tlQN.),\.. hONCI2.. Suc.'ii':T
t-lICi, rl Sc. HIJ OL
AN D
\'>\-\1., Tt-";T\'A !':-A?f' A (Sf. PF..1E
c.\:.\. L{; (., G. )
::i"I'lI,,~
Other Interests: D~Br"\N(q. (2.,~_';p'.~R.c:.1-\11~\.:1. I<I'At)INlo) .'....0 r~A~'=\.I'''I"
Board SeNice (current and past):
Board Preference:
N/~
L, f] C'~I2'1 I~'''''c.../)
6f'1v I RCrJ''1J:N r'~L At>\lI,S,.,l1 RrAI~n
B i: A \J.. ~ I F II, "" "c. ,'.J C. Co '''...... I I l f.. \:.
b co'>>;:", ~\i A....'j A'''''\'l.At1L.';. B',"\l2.o.t
Additional Comments: ()f-Jrlt. I'N,J, b..)I~ .0 LOqr;..,,~ A,....,:) ...J(,LIe. I ,-,A~ (v1-''- A".~IL.Qlotl,"- To s.r;KV(-
L L f U 12. \.oJ (.l f'.'; IZ- K '= ~ II) ~." j" oS '
A..$ > ~. "-0 f'H'= c:r 1'';:1 ,,;.:
:;: IoVO..q 0 t.1.~';" t'rJ
c.:.. '-r::: At:!. ....l'~ i .; f2.. A..... 0
I~ c:: (C'1"V1 .-= A v I~ L u.":\ /3 L ~
Cf'.J.',z, To...lf-J. 'j r"
1: 1" S Q !? oS I !J .: .'-' i (
Signed:
r~
1-3)-C3
Date:
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
I ne4 'S to 1Y1c.....' r",-,-"
l'5, I-i >Ie
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Hlv..nGr\~h:i:":> b,t"....J<..."'~ c'-I-'
c.lef.v.......,_r..y .:.",d (;1- ~ 6.11)'i'1""""",l-.
l c:; c1z.. loW -1 r~ c:... r c., (l? .. "" :::>0 ( t",,, 1
.;. TVlt." Cle3.....""',~re,.... ",d ,t' n-S
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
\( e..!.. I
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
r.. hC,u12
,
I..,
c..",J
(' /"!'''''r'' r().... 't"" ~G'{ I""\-ld"" 1M. <;: j! h~ . M1 l,c, d~ l1l1.,~d n ~ \p~ h"1 e 8 l-t-'j
c...,,& bOC'\.4.ld iJ q
O~;@Lt'vc.. ~ d12.rc....:I~. r "4\/(' a.l"\ () )C.(i.' (/"~1. r ,-. Hf",hvl"l ro ,u...tc.ul. I
J '\
en, lI...
j'".d'N.tl""lV ;'" C 1..5 P'"05r'i"" a.k << tc"l\-'I'"\"u_C (vl'~o,~~"~ I~
2 <y..M.1. ~\(."v:."\~ \,j{;t~d Cd. dn :I"\Strud-w. ;r ",,'.It~ J(Jvelop~d j'n....!
pc!..upl<' S~\\.s. :t: u.vY'> c...u-o ,,- ~}C.,1c\ \\~ H'r"'Y- ~d de.bk...f-v~',
4. Why do you want to serve on this Board?
A.s
c.. {, I e ':"o(wr,h? V'
~CJlr"
P(lc;, r\\J(J~ Cl..tlfJ-o?A
Ci.~C,~r -t\H' '(".\.~ L~r.1
....e \. ; L" r tt.-c"
h'J ~12
the fk~t- /2 ":J~"~ r hClII'€
(,,', '112
a", dc..,
CI...c...};v\'-S ob 1--hQ bee.. '( d . ':I:.
('.... CI~_",'l-.J,Ier . T <.oJ(.\,~ h3
S~u....J '....
( ~,.....h' tn
; 1"\ tl1 t' bet, {cl C.l' <.\ UJ'\ l--n 6.....11: pes, hve ':1
'(t'~;ot'",h.
~'Vl.r(~-S c~'J o~ C\f>""'''''''..rpy "'",::'
Name: M(l"Qj S h~w(..
Board Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY sdAIRDS ~~ .;!OO?
(must be Clearwater resident)
Name: '/)41.I2tCA-A - i3A nE5 ...<)/I1/-rH
Office Address:
;V/,4
I
Home Address:
.. /j
/o-~.t \.)uNdLl. k."5 7" ~) T-
('-"-.EAr2Id;+r~,1.2 F/-. Zip 33?ss
I
Telephone: ;~ ~ - /0-/46 - 'j'.3ff4
. )
How long a resident of Clearwater? ,-1-<1 (irS,
Occupation: PART /}/fJ(!.' \,'j/-U.6.:5 Employer: ..ST~iAJ /).1.-1pr-~Ae...0A-rc~_
Field of Education: Other Work Experience:
B:<-. I.(vJ EODLl.c..A-rlbtJ (t<-\"~\-k&~~) CLERt<-lb,,^-\"\~~c6 (V\Ak.\A.bG~Q. ~r:
111) ~OIJ .5 TL:?' C';S j I<S t .<J&LI :';, d / ~ ~AJ0"C\-'I'::5~ ~ .~ Tb~ - (1~G A R.uJ " 'TfEK!
'-'~ ...'S6UJ-J L ~) ,u;J)iE:S ~\J..,)E;(QU t :$oQ. b'f bLC<':"TJ'DA..:~-S~Ll~lljtL:fkwDl
If retired, former occupation: fLE.:' f\A.t:~TA ~~ SCHOOL- TE: 1l..Q.\~ Q. ~ REif\/L :SALE6
Community k~~f- It\.C~TOtJ ,p l.~d.o\-r -ttOS{)iT !\-1- \f 01.. ~tJ'-t:=b I:2ci\u. "\D Q.. ~F~ t\\.A...r-u ~
~-6e.5l)bb~\'\6Q:~DD:D ~ssc.,.~ r~\~ 0PS0~-r~~~\t8RA-R~ Acll()~ w..~r:~
Other Interests:_KE-P\tH ~6- I Cn~v...IV\\1 ~~I\~_t \ \ (,~. ~\,)r=.L
Board Service (current and past): Board Preference:
.If\.\ Br:<R R..[ {\\:)V 'j ~OI~J --B6f-\R.b
Zip
Telephone:
Additional Comments:~-l\"\\H:;. ~f:E-: ~ A.~ \ ~~ TfW.C T' bf.2. PD 1~ fLD.GJ.S;,J-t.os T E:: L
,\ 1-:- . C-L . 0 0 0 _ '
jiT t:C-l<.f-,;:'D (h LLE:..66 -b Oi\.~ l~( IJ,....'\ \ \S r:: I'?S 1//
Signed: /-J;JAd~{c6tl..ieA ~V~~ Date: /0 ~ t):3 - () :2._
( .
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
\~\5 \.s .~~) ADVI~o~ -BoARD lUH,\CH. 'U~AL5 L~))\-{4
0?D\-\o..CCs ~~K~R")\ I~ T~f- /\.p~RAT'otOs Jt-.lYD '.R~6-RAI\\S
~J~ \y..E: L\ll-?>RAR.u .S\.t-STEtVl ~,IJ1) /"';t:'~t'(b ,4.nv IC~ ~
L " \ \ ').. >- t ~
'~.~ \~flR.~ '_)IG~C-IDQ 1\~)\) \..JZ5'M.:M..L:S~ 16X) ,
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
~E~'
3. What background and/or qualifications do you have that YOll feel would qualify
you to serve on this Board?
kSmlo 1\ lllO:(" R ~'" lIS h,^-l'.-l\;,. b l\.l v..c -10 L:J.t.1\I1 ~ .;) T ~l> I@)
jh\)\lLT~, C~\\..t1G~ IOL~ k\I~R f\-TU-.Q.E:. ~ k\eRA~ ~G-,{)cf::.
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.- I \
\ f\ll.A -f\~ ^,u \ ~ 'We ~ ~ E:J2 .
4. Why do you want to serve on this Board?
.sE.(J\)/~6- t)v T~s'-Bot\Rb '\~r~Al...:5 16 ~ 'BE:-CA~
\ \6~\"\ t 'J c (\ ",-, ~\Q..(J.. Ru rS T\-\'~ f4.r=::A.:.Q ~ 6 F" ~
0~ 1\MA.>,)\ T~. ~'-\.." \.5 ~,s &K,,"l6- \ 1M f. b'i. Q.\f./z'
J 10(.< ~ i? \1' At.>'" I u ~e--<.<...L T.:) \S ~~_~.\. l\ K&- lP
bf: A. \)\\lA. ~ c~~ \\.:) '\~f)WT~, \ ~~E:L. \ t--l~\Jf:- A \.-0 T
-ro 6~\-'6.R,
Name: PATI2.<C.Uf 8JtTbj :;51u. It!, Bo ard Name: '^ 113 RA~f\"V r:SDK1
') . /" ,/;
l /(/~ L) ___)
APPOINTMENT WORKSHEET
FOR COMMISSION MEETING April 3. 2003
BOARD: Neighborhood and Affordable Housing
Advisory Board (NAHAB)
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
STAFF LIAISON: CHUD
/} /
, /)
Agenda # c//
MEMBERS: 7
CHAIRPERSON: Peggy Cutkomp
MEETING DATE: As Called
PLACE: Determined when called
APPTS. NEEDED: 3
DATE APPTS TO BE MADE: ASAP
SPECIAL QUALIFICATIONS: Board to have 1 member in each: Residential Bldg Industry and/or those
areas of labor engaged in residential bldg industry; banking/mortgage industry; advocate for low
income housing; provider for low income housing and/or real estate industry; resident from one of the
City's Neighborhood Revitalization Strategy areas; City resident; and resident East Clwr area.
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Vacant Seat - Residential Bldg. Industry and/or labor engaged in Residential Bldg Industry
person appointed will start immediately to complete term to 4/30/06
2. William Gmham - Advocate for low-income housing
1564 Scott St., 33755 1995
3. Stephen Jefferies - Banking/mortgage Industry
3012 Clubhouse Dr. W. 33761 1999
Not Applicable
End of 2nd term
No
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address Comments-Related Experience. Etc.
Advocate for low-income housing:
1. Lisa A. Hughes
824 Bruce Ave., 33767
Program Manager for Coordinated Child Care of Pinellas
Banking/mortgage Industry:
2. John Sabatier
907 Monterey Ave., 33759
Bank of America - Vice President, Risk & Asset Manager
Residential Bldg. Industry and/or labor engaged in Residential Bldg Industry:
3. Pat A. Vaughn Licensed Building Inspector & Plans Examiner
1326 Pierce St., #2,33756
4. Donald F. Brackett Retired Engineer - Land Surveyor - Construction Manager
1423 S. Hercules Ave., 33764
Zipcodes of current members:
3 at 33755
1 at 33761
2 at 33765
1 vacant
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) ~ij-\.R 'I; f; :.:wm
Clearwater, FL
Zip 33767
Office Address:
4940 - 4151 Avenue N
8t. Petersburq, FL
Zip 33709
Telephone: (727) 446-5811
How long a resident of Clearwater? 10 years
Occupation: Proqram Manaqer
Field of Education:
Psycholoqy (see resume)
Telephone: (727) 547-4283
Employer: Coordinated Child Care of Pinel/as
Other Work Experience: (see resume)
Proqram Director. RCS Housinq PQITIS
Field Supervisor. Healthv Families Pinel/as.Clwtr
Clinical Social Worker. Healthv Start-Clearwater
If retired, former occupation:
Community Activities: Healthy Start Coalition. Healthy Start Policy & Evaluation Committee,
Family Service Centers Family Loan Review Committee. Florida Diaqnostic & Resource Services
Advisorv Committee
Other Interests: Children's Services. Conservation Issues, Health & Fitness, Animal Welfare
Board Service (current and past):
Family Continuity Prqms - PSSF Advisory Board
Part C Reqional Policy Council
Hospice Children's Advisory Board
Additional Comments:
Board Preference:
Neiohborhood Affordable Housino Advisorv Board
. -~ 1 / /
/ .', : /-
. .17/:/~t( ((tiP.Vi' ~--.
Signed: Lisa A. Huqhes :" .
Date: March 3, 2003
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The Neiqhborhood Affordable Housinq Advisory Board consists of Clearwater citizens who assist
with determininq the dispensation of federal and state orant funds for housinq and community
development proqrams. Board members may also contribute expertise towards evaluatinq
proqrams targetinq low to moderate income residents. The Board also advises the Mayor and
City Commission on housinq and community development issues.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV
station?
attended several NAHAB meetinqs in 2001 while a Proqram Director for RCS Housinq
Proqrams. I conducted a facility tour for the board in support of a qrant application.
3. What background and/or qualifications do you have that you feel would qualify you to serve
on this Board?
I have extensive experience as an advocate for low-income families in the Clearwater area.
have directed two housinq proqrams - an emerqency shelter and a transitional housinq proqram.
I have successfully written qrants in support of these proqrams, includinq two from the City of
Clearwater. Therefore, I am familiar with both the qrant process and the impact on Clearwater
c i ti z.€ill.2 .
4. Why do you want to serve on this Board?
I have valuable experience, which uniquely qualifies me to provide input as an advocate for low.
income residents. I feel it is important to contribute to my community in ways that will impact the
future for all citizens.
I .{.'.. {I '..:.J!. It
~ J' t/\:' .
/ {. J( -I ~. 'L/ 1 t__.
,..' .... ". //
Name: Lisa A. Huqhes ./
Board Name: Neiqhborhood Affordable Housinq Advisory Board
LISA A. HUGHES
824 Bruce Avenue
Clearwater. Florida 33767
Homc: (-27) 446-58 11
\Vork: (7'27) 547-4283
PROFESSIONAL EXPERIENCE
Program i\lanager
Special Children's Scrviccs, Coordinated Child Cnrc of Pincllas, Inc" St. Pctersburg, FL
i\lanag.ement of six prng.rams providing spedalized services for children in child care. This includes: provision of
dcvelopmental scrccning. and refcrrals for all children receiving incomc-based scholarships for care, monthly community-
based dcvelopmcntal scrcenings for any child under age thrcc. behavioral intervention for children who cxhibit
bchavimal or emotional challenges in child care. support. reterral and asscssment services for children who were
prcnatally substance-exposed or in\'olved with child protcctivc services and cnsuring the indusion of children wilh
disabilities in mainstream classrooms.
(Novcmber 2001 to the present)
Program Dircctor
Gracc Housc and Stcpping Stone, Rcligious Community Scrviccs, Clearwater, FL
Direction of two programs serving homeless families with minor children: an emergency shelter and a transitional
housing program. Responsible for securing and maintaining funding for program operations and oversight of all staff.
Clinical supervision and professional developmcnt support for the transitional housing manager and casc managcrs.
Public presentations, representing both the housing programs and the agency as a whole. Collaborating with other health
and social services agencies to ensure maximum benefits to program participants. Property and facility management.
(Junc 2000 to No\'ember 2001)
Field Supcrvisor
Healthy Familics Pinellas, Pinellas County Public Health Dcpartmcnt, Clcarwatcr, FL.
Supervisory responsibility for family support workers and a senior community health nurse providing intensive home
visiting services to families identified prenatally or at birth as at risk for child abuse or neglect. Program evaluativc and
quality assurance activities, collaborative relationships with local community health and social services agcncics to assure
maximum utilization of services.
(Novembcr 1994 to June 2000)
Clinical Social \Vorker
Healthy Start Program, Pincllas County Public Hcalth Departmcnt, Clc~lrwatcr, FL.
Psychosocial assessment of families including high risk pregnant women or newborns, devclopment of a family-centered
plan of care (Family Support Planning). referrals to appropriate community resources. individual and family counseling,
and basic parenting support. Community outreach and quality improvcment activities.
(August 1993 to November 1994)
Intake Coordinator
The Rader Institute, Women's Hospital and l\1edic~ll Center, Seminole, FL.
Coordination of administrative responsibility for all intake and admission procedures for an eating disurdcr treatmcnt
program, including supcrvision of all intake personnel. liaison relationship with business office regarding insurance and
financial matters, developmcnt and maintenance of intakc assessmcnt forms and final disposition of all intakes.
(February 1993 to May 1993)
Substance Ahuse Counsclor
Lafa)'cttc Clinic, City of Norfolk COl1l1Hunit), Services Board, Norfolk, VA.
Inlake inlerviews and assessment, individual counseling. group facilitalion, case management, community referrals. crisis
intervcntion and managemcnt as required.
(February, 19S5 to September, 1992)
EDUCA TION
B.S. in Psychology with a }-Iuman Services COllnseling minor. (May, 198(1)
Old Dominion Univcrsity. Norfolk. Virginia 23508.
QPA 3.86 o\'craI1/4.0 psychology.
~kmbcr: Psi Chi Nationalllonor Society in Psychology. Alpha Chi :\atinnal C"lIege Ilnn,'r Schl)lar<;hip Sllciety.
The Ilonor Society uf Phi Kappa Phi.
.'
~!~l.i.I~,.f,') ',. r) jOey,
[f .' . J 1\ /f
Name: ~
Home Address.
fo? ~-'~ /J..v~ _ ~o /fl. ~ J.}. , ,7.. 10-0' Il.."."..-
ttVfA/(..h./....'~> r? Zip 5.17~1 72-w~ / H Zip 31CO 2-
Telephone: 7.A 7. -; 91- 2 ,?-y~ Telephone: &.3' 2--~0 5 -5 ;Z"7
~::u;:t~o~:r;;;;; ~;;;t~.ut~~~~~~~~;.-IS~ I c2~ Ciic:
/ ,
Field of Education: Other Work Experience:
.It (; h?ti1:~.,L.. fp l1.1b--N 1l4JtP7~ /'
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
S-J~
Office Address:
If retired, former occupation: .v/4-'
Community Activities: ~~ ~ '/dv.L ~
Other Interests:
Board Service (current and past):
#rvte ~r<fj (~.
Board Preference:
tt/~Lt JI""",:ry ~jv" ;d/Y /!w-e/.
Additional Comments:C'
~
/U4~ -It> ~ ~ "?-~~ ~~ ~/ ~ #v.
~o 956- ~ . Dale: -:zi~o/q~
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Z;_~i$,L~~~~_~'~ d
~v~ /l//J~~ h .' /L~IM./ s~~~6Y~
~c-k/~~c// h~/"'~/~I ~ ;'O~
/Ll-l/.
,
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
1-b1 - 'Yl 71/'
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
f1~dJ /U?~ ~:tUt;~b_~~~~ /o~k
.vi ry ()-u.+~. -4 hw~ LL.tV~cl7 ~
~4'~~@~~~~
~L~ I-" ~ ~~~.
4. Why do you want to serve on this Board?
_&~~~~~ck4; ~J~rfl~t~,
~ ~c-~~.~~~
. . ~ /lu.6 '~,!-'-~~'7-~
.v.. ikd!:-X-M--~~ d.- r-si:tu ...-J,>-,
~/r,;~ ~~ ~~ ~~~ vt;r~
Vv1-!-<!!/'~/. ~L J .
Name: -'} (/ :/ --=-- .v,,"--S--4-~-'
Board Name: ffn}:';' ~ ~j-AIv'S'N"i ~~
John J. Sabatier IV
907 l\(ontaey Ave.
Clearwater, FL
Ph: (727)791-224S
Education
University of New Orleans - New Orleans, LA: Bachelor of Scicnce degree in Finance,
concentration in Real Estate.
Jesuit High School- - New Orleans, LA: College Prcpatory curriculum.
EXllcrience
Bank of America, Community Dcvelopmcnt Banking
Tampa, FL
Au[!ust 200 I - Prescnt: Vicc President, Risk and Asset !vtanagcr I: Responsiblc for a
portfolio of multifamily affordable housing assets throughout Florida acquired and/or
developed by Banc of America CDC. Responsibilitics includc: oversight of thc daily
property operations, economic reporting (AIMS, KVR, Valuation, Performance Ranking),
budgeting, market analysis, and general duties acting on behalf of the managing member
- BACDC. Since Junc 2002, in a temporary capacity, have asslImcd responsibilities as a
Development Officer for the Jacksonville markct which rcquires managing the
partncrship interest and dcvelopmcnt ovcrsight of 3 new construction for-sale projccts.
Realty Development Corporation - L~lIlc Company
Atlanta, GA
November 1. 1999 - July 2001: Dircctor of Affordable Housing Developmcnt (d/b/a self
employed consultant); Rcsponsible for directing the start-up of this fiml's new venturc
into Tax Credit, Tax Exempt Bond, and I-lOPE VI multifamily dcvelopment
opportunities. Responsiblc for dcal sourcing, funding, structuring, and all aspects of
affordable multifamily developmcnt / acquisitions to include: land acquisitions,
rezonings, prcdevelopmcnt due diligence, applying for tax crcdits / bonds, partncrship
fomlation and coordination of all third party profcssionals i.e.: legal, accounting,
architecture, cnginecring. Also, provided tcchnical guidance on an as ncedcd basis to
Lanc Company - Property rvtanagcment, rcgarding their affordable housing asscts. Tasks
varied and included gencral executive advisory serviccs, compliance risk management,
property evaluations, busincss dcvelopment, and responding to RFPs.
Self Employed
Owner - Real Estate Advisory Services
Baton Rouge, LA - Atlanta, GA
December 20, 1997 - November 1999; Owner/Presidcnt; Established a real estate
services company in recognition of the growing market of IRS / I-IUD funded multifamily
development as well as general developmcnt services. r-,'Iore speci fically a real estate
financial advisory practice specializing in IRC Section 42, Low Income Housing Tax
Credit, Tax Exempt Bond, and some HUD programs. Assist contractual clientele in all
aspects of multifamily Development and Management to include but not limited to site
selection and analysis, credit application submission, debt placement and analysis,
construction draw analysis, market overviews, budget analysis, forecasting, trending
analysis, compliance auditing, training, policy and procedure consulting, operations
development, site operations, subsidy procurement, and general advisory services. Project
types range from new construction and rehab to historical and special needs assets i.e.:
elderly, at-risk families, mixed income and mixed use projects, and direct subsidy HAP
communities. Most assets under advisement are structured utilizing multiple layers of
subsidy financing requiring coordination of programs compliance and reporting.
Provided management operations analysis, wrote training programs and manuals, edited
policy and procedures manuals to adapt to affordable housing, and developed and
implemented a compliance management division.
Libert)' Investments, Inc.
Baton Rouge, LA
December 13, 1996 - December 17, 1997: Assistant Vice President; Directed
multifamily development and acquisitions. Responsible for the preparation and analysis
of debt and equity for multifamily development utilizing Low Income Housing Tax
Credits pursuant to Section 42 of the IRS Tax Code of 1986. Oversee and delegate the
functions of the development team through acquisition and development to include: due
diligence, analysis of third party reports, financial analysis (cash Oow, sources and uses,
trending, lease up, development draw, etc.), loan placement and preparation, prepare state
tax credit applications, oversee and audit property staff and files for IRS and State
compliance, contract negotiations, local government liaison, maintain reporting
requiremcnts per the applicable partnership agreement, state housing agency, and lender,
perfoml site visits and analysis of sub-market.
November 20, 1995- December 12, 1996: Analvst; Responsible for preparing thc analysis
of all financial aspects through the acquisition and development ofl11ultifamily properties
utilizing low income housing tax credits pursuant to Section 42 of the IRS Tax Code of
1986. Tasks included preparation of fiscal reports, analysis of current, historical, and
projected operating statements, research for due diligence, created and maintained
marketing program to state housing agencies and tax credit developers to find potential
deals, assist the vice president of development as needed. Directed the lease-up efforts
and pcrfol1llCd compliance audit of all tenant files.
Fleet Mortgage Corp.
Baton Rouge, LA
New Ol"leans, LA
August 9, 1994 - Novembcr 17, 1995: Loan Officer; Responsiblc for the origination,
preparation and evaluation of residential and small multifamily mortgage loan
applications. Maintain production goals by marketing through various programs to
include: hosting Realtor lunches and breakfasts, hosting first timc home buyer scminars,
sponsoring open house fairs, hosting ncw Rcaltor education programs, maintaining mail
and facsimile correspondence of CUlTent rates, programs, and changes to FHA and V A
lending rules. Maintained proficiency in various govcrnment and FNMA underwriting
guidelincs. Acccpted transfer to Baton Rouge to open a new satellite office, the first for
Fleet in that area.
\Va)'ne Sandoz and Associates, Appraisers
New Orleans, LA
April 15, 1992 - August 8, 1994: Staff Appraiser; Responsible for real estate valuation
in the Metro New Orlcans area covering seven parishes. Types of property appraised
include: single family, 2 - 4 family, vacant land, condominium and townhouse. Assisted
senior appraisers in the preparation of commercial and multifamily appraisal reports.
Perfonned various contract scrvices for senior appraisers and lending institutions to
include: site visits and evaluations, sub-market analysis, perform draw and phase
inspections for ncw construction and rehab projects, rcsearch govcmment records.
Professional Designations: HCCP, NCP
Veteran of Operation Desert St0I111, 81ih Medical Company (AA), SGT E-5, Honorable
Discharge 1991.
REFERENCES AND SALARY HISTORY FURt'iISHED UPON REQUEST
Ml\R \) 7 ~.ln')
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS" 'c...t.iu0
(must be Clearwater resident)
Name:
Pat A. Vaughn
Home Address:
1326 Pierce Street
#2
Office Address:
310 Court St.
Clearwater
Zip 33756
Clearwater
Zip 33756
Telephone: 727-461-7599
How long a resident of Clearwater?
Occupation: Plans Examiner
Field of Education:
Telephone: 727-464-3742
8 years (Pinellas County 32 years)
Employer: Pinellas Co. Gov' t.
Other Work Experience:
General Business
Licensed Building Inspector
If retired, former occupation:
Community Activities: volunteer w/various groups and individuals to teach etiquette
n/a
Codes Enforcement Officer(City of St. Pete)
Housing Inspector/Section 8 Housing Authority
Gcn~rBl In~pcctor (City of Gtllf~ort)
Building Inspector (Pinellas Co. Gov't.)
CHIP shelter (shelter assistant)
IiQQUCQO pl~n. EX~minnr
classes, budgeting, goalsetting, and self-improvement skills; neighborhood activist
Other Interests: gard~J:lit:lg, nl~din8, ArtoS
Board Service (current and past):
Southside Boys & Girls Club secretary
Board Preference:
(2000) NAHAB
Weed & Seed Committee (1999-2002)
NQigRggrRQod ~.g"isgry CCl'H'lC il PniS ideo t (1998 2001)
Additional Comments: T Am vp-ry i nvn 1 vP-n wi rh np i ghhnrhnnn i mprmlPmpn r flnn ('11 rrpn r 1 y
own/manage/reside in a four unit apt. building within the downtown Target area in a
lIIulLlL:ulluLCil Iltd~hLudlUUd which itS 01:;u lower incume.! enJuy aCLlve, honds U1l
participation and feel it is a reward to give back to the community wherever possible.
Signed: ,..<..,r (f. I . 1/' " i ; .-- Date: .3. 7.. c.::
. ...';'
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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Responsible for attending all meetings, keeping current on programs, grants,
resources related to improving housing/lifestyle of residents within framework
of outlined criteria for program;all in an advisory capacity to City Mgr.
and Commissioners, ilS part of a team. Reviewing, evaluating, and monitoring
the implementation and progress of these programs as necessary.
2. Have you ever observed a board meeting either in person or on C-View, the City's
lV station?
Yes, both in person and on television (often and in person)
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
Approximately 25 years in the construction industry, basic knowledge
of government procedures/criteria; experience with multicultural groups
and awareness/experience with needs of lower income people; also
personal desire to work with groups in need and government together
to improve both.
4. Why do you want to serve on this Board?
T hplieve I could contribute in a positive manner through mv knowledge
both professionally and personally of the construction industry,as well
as experience within a Target neighborhood as property owner, landlord,
and manager, which has provided me with first hanu knowledge of the
needs, problems, and creative
and improve peoples lives and
Name: P:lt A V:1I1ghn r
solutions necessary to overcome obstacles
my personal desire to work w/others on this.
,. Y t '. ,/\ , _
Board Name: b1' ~ l-t A R
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) ~)~\f~ ~ :~.'l.ii\\'
Name: j,;':/.1:"1/c1 r: ~~/Ck{!rf
Home Address:
/4C!3 ~ r#/27Lk'~'1t1?,
,/
C~k 1 ~ n Z' ~'?'7/A
'C?li'U:J - IP ;>;?/CJ.:'"1"
Telephone: (/27) 5::2,1- tZ;53C:, Telephone:
How long a resident of Clearwater? ~;t,te ,.It. 'I, /f{.,J', h'1'j,/C-.H, 'c.)~~ j ;}4- t.1e-'r;'I"~ l-
I I ~
Occupation: J~T~Ev1J,j 1(:"',j." t?) f/~"K~ ~"1.."'II&'I) E~'llploye:: ~Ir"', ~. '-h . ." 1.1'J.' I." ~ jd..~, ~'fV'I"
F' Id f Ed ((f't'~ --:r/c!JNJ tV;4'..~t:";;;t/~,?d'4 r:h:id OcthA/ ~~'t'~'~k'c;...J.'r~ e; ilT (9'11.'1,..: (.~Y? ph., /:}""llle J..-
Ie 0 uca Ion. I-lee;,.:. t' er vvor ~x...enef'fce. C<"'~'r7i1//r;'J.}'
(. .
1'7 . ~ r' j '. -. &L ~ ' . J ' ;L
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See attached list for boards that require Financial Disclosure at time of appointment.
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Floor, 112 S. Osceola Avenue
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1. What is your understanding of the board's duties and responsibilities?
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CLEAR\V'AT1ER
POST OmcE Box 47-i8, CLF.-\R\\',\TER. FI.OIlIOA 33758..1748
CITY HALl., 112 SOl;TII OSCEOlA :\ VE\TE, CIE-\RWATER, FLORIDA 33756
TELEI'IIU\'E (727) 562-40-!O FAx (727) 562..i052
OlY ~L\-",\GER
March 21, 2003
~rr. Stephen ~r. Spratt
County Administrator
315 Court Street
Clearwate~, FL 33756
... ..L'_ _~
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Dear M pratt:
I am in receipt of your letter regarding the second nominee to serve on the Aircraft Noise
Abatement Task Force. I am scheduling your request on the April 3, 2003 City Commission
meenng.
I will advise you of their appointee.
Sincerely,
~e.~":D:
William B. Horne II
City Manager
cc: r-.rayor and City Commission
Cyndie Goudeau, City Clerk
BkL\,'" J, Ana;.; 1, ~I \). 'k'C:O,\I\II~'I' '''I'I<
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FI;.\';~; Ilil<!l~~l\, (:'I\I~,II"I\)'.IH (i) Bill .Ill""'';, Clnl~lh'hl\IF
"EI.)\,:\1 E~II'I m ~\1Sr ANI I AH1R.\1-\ I'I\'E At: III IS E~II': ())1:1<"
BOARD OF COUNTY COMMISSIONERS
PINELLAS COUNTY, FLORIDA
March 14, 2003
315 COURT STREET
CLEARWATER. FLORIDA 33756
STEPHEN M, SPRATT, COUNTY ADMINISTRATOR
PHONE: (727) 464-3485
FAX: (727) 464-4384
William B. Horne, II
Ci ty rvlanager
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
lTeCelVeD
MAN
Oily M 2 1 2003
ANA GeA'S
OFFICe
Dear Bill:
Upon further review of the Aircraft Noise Abatement Task Force (Task Force)
Resolution for the St. Petersburg-Clearwater International Airport, I feel it is
necessary to have an additional representative for the City of Clearwater due to
the demographic size and number of residents potentially affected by aircraft
nOIse,
If you concur, I am requesting a second nominee to serve on the Task Force to
represent the views and opinions of the citizens of Clearwater. I have enclosed a
copy of the Resolution together with a list of citizens that have expressed interest
in serving on the Task Force. Your selection is not limited to the enclosed list of
names.
Please notify this office of your decision.
Sincerely,
~n
Stephen M. Spratt
County Administrator
Enclosures
cc: Honorable Chairman and Members of the
Pinellas County Board of County Commissioners
.Pinellas County is an Equal Opportunity Employer" · Member.Pinellas Partnership for a Drug Free Workplace 0 printed on recycled paper
vi
No.
BCC'
3:10 P,M.
~~
08-20-02
RUBIO/Penhale/Sliger
~~
#22 RESOLUTION NO. 02-151 ADOPTED ESTABLISHING AN AIRCRAFT NOISE
ABATEMENT TASK FORCE FOR THE ST. PETERSBURG-CLEARWATER
INTERNATIONAL AIRPORT
County Administrator Stephen M. Spratt recommended adoption of a
resolution establishing an Aircraft Noise Abatement Task Force for the St. Petersburg-
Clearwater Intenational Airport.
Commissioner Weleh moved, seconded by Commissioner Morroni, that
Resolution No. 02-151 be adopted as recommended by the County Administrator.
Responding to query by Commissioner Harris, Airport Director David M.
Metz provided input regarding the role of the task force. Following discussion and upon
roll call, the vote was:
Ayes: TOQd, Seel, Harris, Latvala, Morroni and Welch.
Nays: None.
Absent and not voting: Stewart.
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PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS
DATE: August 20, 2002
0' AGENDA ITEM NO, fA J
Consent Agenda 0 Regular Agenda Public Hearing 0
a, Action Required 0
County Administrator's SiQnature
Signature. ~
Subject (Identify Subject)
Adoption of a Resolution Establishing an Aircraft NOise Abatement Task Force at the St. Petersburg-Clearwater
International Airport to address aircraft noise concerns.
I
Agency/Department (Identify responsible agency/department) I Staff Member Responsible:
St. Petersburg-Clearwater International Airport I David M. Metz, Airport Director
Requested Action/Recommendation (Identify appropriate Action or Motion. Authority or Requirement for item and identify the
outcome and/or purpose of item)
Recommended Action: I RECOMMEND THE BOARD OF COU NTY COMMISSIONERS ADOPT BY
RESOLUTION, THE ESTABLISHMENT OF AN AIRCRAFT NOISE ABATEMENT TASK FORCE AT THE ST.
PETERSBURG-CLEARWATER INTERNATIONAL AIRPORT.
Summary Explanation/Background (Provide an executive summary of the action that gives an ovelView of the relevant details for
the item. .'
Commissioner Seel requested the County Administrator establish an Aircraft Noise Abatement Task Force (Task
Force) at the St. Petersburg-Clearwater International Airport (Airport) to make recommendations on aircraft noise
issues
The Task Force will be composed of representatives from the Airport Director's Office, County Attorney's Office,
Federal Aviation Administration, pilots, tenants, and residents of Impacted communities. The Task Force members
share a common concern and goal to promote nOls.:! abatement measures. The Task Force will meet at least once
every three months and consist of not less than 17 members nor more than 22 members, each of whom shall be
appointed by the County Administrator.
The Task Force will maintain an open-line of communication With surrounding communities that are impacted by
the aircraft utilizing the Airport. The Task Force's mission will be to continually strive toward a successful working
relationship with parties affected by aircraft noise.
FiscallmpactlCostlRevenue Summary (Include projected cost, and/or revenue and approved budget amount, source of funds, and
any future funding requirements to support recommended action.)
None.
0 .-\[)D1TIO~AL FISCAL INFO SHEET ATTACHED
Exhibits/Attachments Attached (All appropriate exhibits/attachments must be included with agenda item, Copies of original
aareements please number exhibits numericallv.) .
Resolution Establishing an Aircraft Noise Abatement Task Force
I
i
.- _. .0. ._ n__ -... .- --.-.-- . . -- n. ___. .. ....--- .. . . ..- - -_. -- - -..- _.. - -_. ... ~-- .. ______ __________ .____-.-1
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Re.\sed 04.26.2002
No. 02-151
RESOLUTION ESTABLISHING AN AIRCRAFT NOISE ABATEi\'IENT
TASK FORCE FOR THE ST. PETERS8111~G-CLEAI~\VATEI~
INTERNATIONAL AIRPOI~T
NOW WHEREAS, persistent aircraft noise concerns relTlain in Pinclhw <. 'llunty Ilrising
from departing and arriving flights at St. Petersburg-Clearwatt:r Internlltionul Airport: amI
WHEREAS, federal law prohibits noise and acct=ss restrictions lInlC!Hl 1I1'1"'I)\'cd hy the
Federal Aviation Administration (FAA); and
WHEREAS, the FAA has within its discretion the ability to reduce llir~rnl\ I\nise
through, among other things, the alteration or modification 0 f aircrul\ npprollllh lllld tllke.l! Ir
procedures; and
WHEREAS, it is desirable to receive input from the communities illlpucted by nircrull
noise as well as input from representatives of the aviation industry and government.
Section 1.
Scope.
This Board instructs the County Administrator to develop an Aircraft Noise t\bntcl1lcnt
Tusk Force (Task Force) to make recommendations on aircraft noise issues, Suilt Task Furce
shull consist of members providing balanced representation from communities impnctcd by
uircrutl noisc, and representation from the government and the aviation industry.
Section 2.
Membership.
The Task Force shall consist of not less than seventeen (17) members nor more than
twenty-two (22) members, each of whom shall be appointed by the COWlty Administrator.
Section 3.
Sched u led 1\1 eetings.
Said committee shall meet at least once every three months, and shall be staffed by
member(s) of the Airport Director's Office and the County Attorney's Office.
Section 4.
Semiannual Report.
The County Administrator shall submit a written report to the Board of County
Commissioners on a semiannual basis, detailing the Tusk Force's activities and
recommendations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners at
a meeting assembled this 20th day of August, 2002, established un Aircralt Noise Abatement
Task Force to address noise concerns generated by aircraft landing and departing the St.
Petersburg-Clearwater International Airport.
Commissioner Welch offered the foregoing Resolution and moved its
adoptio~ which was seconded by Commissioner Morroni , und upon roll call the vote
was:
AYES: Todd, Seel, Harris, Latvala, Horroni and Welch.
NAYS: None.
ABSENT AND NOT VOTING: Stewart.
AIRCRAFT NOISE ABATEMENT
TASK FORCE
I. PURPOSE
Maintain an open-line of communication with surrounding communities that are affected by the
level of noise generated by aircraft utilizing the St. Petersburg-Clearwater International Airport
(PIE). Inform the public on existing noise management policies and measures established to
reduce aircraft noise and encourage air carrier compliance with existing noise abatement
procedures, as well as promote voluntary compliance by corporate and military users ... "noise
reduction through education",
The Task Force members consist of Airport Director's Office staff, County Attorney's Office,
Federal Aviation Administration, pilots, tenants, and residents of surrounding communities, As a
Task Force, they share a common concern and goal to promote noise abatement measures when
possible to minimize aircraft noise exposure to the citizens of Pinellas County.
PIE is concerned about the affect air carrier operations have on its neighbors, Although some
aircraft noise is inevitable, airport management has put certain noise abatement procedures in
place to reduce noise effects on the residents in the area. Some of these measures exist because
of government mandates, while others exist as a result of a conscientious effort to support the
community,
In July 2001, URS Inc. completed an analysis of Aircraft Noise/Operations Procedures for PIE.
The study evaluated the effectiveness of existing noise abatement procedures and evaluated
alternative noise abatement procedures and guidance systems. The Task Force will review the
study's recommendations and additional measures that have been implemented to reduce aircraft
noise, In addition, members will assist in investigating potential supplementary measures to
reduce noise levels.
The Task Force's mission will be to continually strive toward a successful working relationship with
parties affected by or concerned with airport noise related issues.
II. BACKGROUND:
Currently, there are two noise abatement procedures: the North Bay Visual Approach (NBV) and
the SI. Pete Two Departure (SP2), that are published and approved by the Federal Aviation
Administration (FAA) and utilize over flight of Old Tampa Bay to reduce aircraft-generated noise
exposure to neighborhoods located north of PIE. It is important to note that the FAA acknowledges
these as voluntary procedures and restricts the NBV to daytime visual flight rule conditions only,
Page 2 of 2
PIE's Operations Division regularly monitors air carrier arrivals and departures to insure
compliance with established noise abatement procedures, When air carriers fail to comply, the
Operations staff will contact the FAA, aircraft owners, pilots, airline officials, community, or others
to follow-up on such deviations to verify cause of deviation and validity.
A noise comment system is currently in place to provide a venue for citizens to call PIE to register
comments and ask questions. Comments are documented and entered into a database, The
noise comment line available to the public is (727) 453-7814.
An automated noise comment system via the Airport's website (www.flv2pie.com) is being
evaluated to provide a venue for citizens to contact the Airport 24 hours a day to register
comments, obtain information on noise abatement procedures, ask questions, and make
suggestions, Comments will be documented and condensed into annual reports.
III. TASK FORCE MEMBERS:
David Metz
Thomas Jewsbury
Norris Rickey
Sandy Bathon
Russ Weltzien
Michael Yuska
Capt. Jim Fitzgerald
Cmdr, Paul Ratte
Michael Thompson
Rick Cortez
( To be determined)
(To be determined)
( To be determined)
( To be determined)
( To be determined)
( To be determined)
(To be determined)
Airport Staff Member (confirmed)
Airport Staff Member (confirmed)
County Attorney's Office (confirmed)
FAA - PIE Air Traffic Contral (confirmed)
FAA - PIE National Air Traffic Controllers Assoc, (confirmed)
FAA - TPA Air Traffic Control
U.S, Army Reserve Unit (confirmed)
U.S. Coast Guard (confirmed)
URS, Inc, (confirmed)
Fixed Base Operator (confirmed)
Corporate Operator
Airlines
Clearwater Resident
Clearwater (DelOra Graves) Resident
Safety Harbor Resident
Oldsmar Resident
Feather Sound Resident
AIRCRAFT NOISE ABATEMENT TASK FORCE
ST. PETERSBURG-CLEARWATER INTERNATIONAL AIRPORT
MEMBERS
To Be Determined
To Be Detennined
To Be Detennined
Airport Director
Director of Operations
County Attorney's Office
FAA (Air Traffic Control)
FAA (National Air Traffic
Controller's Association)
FAA (Tampa Air Traffic Control)
US Army Reserve Unit
US Coast Guard
URS, Inc.
Fixed Base Operator
Corporate Operator
Airlines
City of Cleanvater Resident
City of Clear\vater Resident
(Del Oro Groves) .
City of Safety Harbor Resident
City of Oldsmar Resident
Feather Sound Resident
David Metz
Thomas Jewsbury
Norris Rickey
Sandy Bathon
Russ Weltzien
Michael Y uska
Captain Jim Fitzgerald
Commander Paul Ratte
Michael Thompson
Rick Cortez
To Be Determined
To Be Determined
To Be Deterln;ned
To Be Determined
8106102
BCC MEETING
AUGUST 20, 2002 - 3: 10 P,M.
PARTIAL ROUGH VERBATIM TRANSCRIPT
MARYANN PENHALE, BOARD REPORTER
#22 RESOLUTION
FORCE AT
AIRPORT
WELCH:
Move approval.
MORRONI:
Second.
SPRA IT:
David Metz basically worked with a number of other aviation properties that have
used these things so I think he can walk you through that. The question again?
HARRIS:
ESTABLISHING AIRCRAFT NOISE ABATEMENT TASK
ST. PETERSBURG-CLEAR WATER INTERNATIONAL
It says Task Force mission is to continually strive toward a successful working
relationship with parties affected by aircraft noise.
METZ:
As Mr. Spratt indicated, we did look at other airports in state of Florida that are
looking to manage this particular i~sue and I think what we are trying to do is
through a public involvement with citizens particularly in the affected
_communities which are north county, we hope to work through a number of
discussions, review current procedures, look at ways to educate the public on
what the issues are that we are facintg and what procedures we have in place to
control the issue. I think that suggests that probably... Try more effectively to
involve community and let them understand what we are trying to accomplish.
TODD:
I understand that there are some noise abatement procedures that retrofits of
homes and things like that that mayor may not be available to us that we can take
a look at.
METZ:
Sure.
TODD:
Didn't you send something, Karen. I think some of the airports do that so--
SEEL:
Yes, they do. In fact, you have already received that information I believe.
. ~
BCC - 8-20-02
SPRATT:
Right. Understood.
TODD:
And then bring it back to us for a final blessing.
SPRATT:
Specifically you are referring to the cities where it says "city of."
TODD:
Right. They need to make those, like del Oro, they need to choose who they
want. City of Clearwater needs to choose who they want. So it is really
representing the people, opposed to what we want.
Okay. There is a motion and second, Any further discussion? All in favor please
say aye.
AYES
TODD:
Motion carries.
3
CITIZENS INTERESTED IN SERVING ON
AIRCRAFT NOISE ABATEMENT TASK FORCE
1. David Campbell
2310 Minneola Road
Clearwater, Florida 33764
2. Lucile Casey
3235 San Mateo
Clearwater, Florida 33759
3. Saundra Curry
Coalition Homeowner Association of Clearwater
P.O. Box 8204
Clearwater, Florida 33782
4. Kevin Kerscher
3176 Downing Street
Clearwater, Florida 33759
5. Todd Pressman
Email: www.Presslnc@aol.com
6. William Protz
Ex-Director of Community Relations at Catalina Marketing
7, Patrick Milewski
3064 Hoyt Avenue
Clearwater, Florida 33759
8. Thomas E. Nocera
3173 Drew Street
Clearwater, Florida 33759
9, Dennis G. Roper
995 Lake Forest Road
Clearwater, Florida 33765
10, Lynda Smith
3145 Oyster Bayou Way
Clearwater, Florida 33759
11. James & Nancy Yarbrough
3311 San Gabriel Street
Clearwater, Florida 33759
Email: www.nyarbro1@tamoabay.rr.com
11. Michael Berry
East Lake Woodlands - Board of Directors
Final Agenda Item #
.
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Clearwater City Commission
Agenda Cover f\1emoralldum
Work Session Item #:
Meeting Date: 04/03/03
SU BJE=CT/RECOMM ENDA TION:
Adort Resolution 03-18 authorizing the City to enter into an agreement with CSX Transportation, Inc., for
instclllation clone (1) 8" reclaimed water main in the CSX right-of-way as part of the Harbor Oaks
Recigimcd Water System project; and approve Pipeline Crossing Agreement No. CSX-044932,
[B] and that the appropriate offiCials be authorized to execute same.
SUMMARY:
. A work order for consultant services was approved on 5/17/02 for design, preparation of construction plans,
and permitting for the Harbor Oaks Reclaimed Water System Project. As part of this project, the City desires
to construct one (1) 8" reclaimed water main.
. The 8" reclaimed water main crossing is located where the CSX Railroad intersects Druid Street,
approximately 360 feet west of Myrtle Avenue.
. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and
conditions associated with placing a pipeline underneath their railway system.
. The cost to the City will be 5300.00 for a one-time encroachment inventory fee and 5750.00 for a construction
risk fee for a total cost of $1,050.00.
. Sufficient budget and revenue are available in the Capital Improvement Program project 315-96739, Reclaimed
Water Distribution System.
. A copy of the Agreement is available for review in the Official Records and Legislative Services office.
Reviewed by: ~----.
Legal rj;;Oi':', _.' Info Srvc
Budget i,...l...~) Public Works
Purchasing t/'I:f.-'^
Risk Mgmt N/A Finance
Originating Dept: 'f\t.
PW Admin (RSFahey)
User Dept.
Costs:
Total $1,050
Attachments
Resolution 03-18
Funding Source:
Current FY CIP X
OP
Other
Submitted by:
City Manager D..I J I
QM ~..a
Appropriation Code:
315-96739-565000-533-000
'-J Printed 011 recycled paper
CSX Railroad Agenda lIem.Jones Water.doc
,I,;,~7)
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Rev. 2/98
RESOLUTION NO. 03-18
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF PIPELINE AND WIRELlNE
CROSSING AGREEMENTS BETWEEN THE CITY OF CLEARWATER
AND CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF
ONE (1) 8" RECLAIMED WATER MAIN WITHIN CSX RIGHT-OF-WAY,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City authorizes the execution of Pipeline Crossing
Agreement No. CSX-044932 and agrees to the terms and conditions of the agreement,
copies of which are attached hereto, and
WHEREAS, CSX Transportation Inc. has agreed to allow the City to install
one (1) 8" reclaimed water main in a 16" steel casing at Druid Street within their right-of-
way, as stated within the terms of said agreement, and
WHEREAS, the City Manager of the City of Clearwater is hereby authorized
to sign the agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Pipeline
Crossing Agreements between the City of Clearwater and CSX Transportation, Inc.,
allowing the City to install one (1) 8" reclaimed water main within CSX right-of-way.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J, Aungst
Mayor-Commissioner
Ap..9f.9.5'ed as to fo.~~
1__. /
I -".( ~ ~: t I )
" _ ryari 0: Ruff - ~/ "
Assisfant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 03-18
AGREEMENT CHECKLIST
Agreement Number: CSX-044932
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/')r .} 1
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Please perform the following when executing the attached instrument:
X Sign the signature page in order to execute the agreement. One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer
authorized by Board Resolution to execute legal documents on behalf of the Corporation. ~ of Board Authorization
should be furnished for anY..Qne~igning_, other than the PresideE1L~!.__.'{ice-.fresidentJ If the Corporate name is set out
erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears.
(Municipal Corporation, furnish copy of such Resolution.)
If Agreement is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the
caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and
the name corrected and initialed where it appears.
If the Agreement is with a PARTNERSHIP. all general members of the partnership should execute the docum ent unless
one member of the firm has been designated managing partner or expressly by the partnership to execute the
Agreement. (Furnish copy of such authority.)
X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
X NAME(S) and TITlE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath
signature(s).
X Social Security Number is required if Agreement is with an INDIVIDUAL, if Agreement is with other than an
INDIVIDUAL, a Tax Identification Number is required.
X Furnish Certificate of Insurance which states "CSX Transportation, Inc, as additional insured," which is required
under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, Fl 32202. Questions regarding
the insurance requirements should be directed to CSXT's Mr. W. D. Tyler, Manager Risk Management (904) 633-5090.
X Initial and date each rider attached to the document following the signature page.
X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement:
One-time Encroachment Inventory Fee (refer to FEE's Article)
$300.00
Construction Risk Fee (refer to INSURANCE Article)
$750.00
TOTAL DUE
$1,050.00
CSXT Fonn 2037G - Page 1
Rcvised ~'Iay 2002 0
Agrcement No. CSX-0-l-l932
PIPI~LINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of February 19,2003, by and betwcen CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Watcr Strcct,
Jacksonville. Florida 32202, hcreinafter callcd "Licensor," and CITY OF CLEARWATER
PUBLIC UTILITIES DEPARTMENT, a municipal corporation, political subdivision or state
agency, under the laws of the State of Florida, whose mailing addrcss is 100 South Myrtle
Avcnue, Clearwater, Florida 33756. hereinafter called "Licensee," \VITNESSETI--I:
\VHEREAS, Licensee desires to const.rucl. usc and maintain a pipelinc, solely for thc
transmission of potable water, hereinafter called "Pipelinc," under or across the track(s) and
property owned or controlled by Licensor at or near Clearwater, County of Pinellas. State of
Florida, located at Valuation Station, Milepost SY-875.20. Clearwater Subdivision. hercinaftcr
called the "Crossing," as shown on print of Licensee's Drawing JL044932, datcd January 2, 2003,
attached hereto and made a part hereof; other details and data pertaining to said Pipcline bcing as
indicatcd on Licensee's Application Form, dated Fcbruary 17,2003, also attach cd hereto und
made a part hereof;
NOW. THEREFORE, in consideration of the mutual covenants, conditions. temlS and
agreements herein contained, the parties hereto agrec and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the Icgal right, power and authority
to do so, and its present title pcmlits, and subjcct to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easemcnts, and limitations
applicable to Licensor's title to or rights in the subjcct property; and
(C) Compliance by Licensce with the terms and conditions herein containcd;
does hereby license and pennit Licensee to construct, maintain, repair, renew, opcrate, use, alter or
change said Pipeline at the Crossing above for the tenn herein statcd, and to rcmove same upon
tennination.
).2 The ternl Pipeline, as used herein, shall include only the pipes, ducts. casing, vents.
manholes, connectors, fixtures, appliances and ancillary facilities dcvoted cxclusively to the
transmission usage abovc within the Crossing, and as shown on attached Application Fornl.
1.3 No additional pipeline or othcr facilities shall be placed, allowed or maintained by
Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. .
CS~T Form 2037G - Page 2
Re\'ised i'vlay 2002 0
Agreemcnt 1\0. CSX-0-l-l932
2. ENCROACHMENT INVENTORY FEE:
2.1 In lieu of annual paymcnts and in consideration of Liccnsor's waivcr of future fce
increases. Liccnsce shall pay Licensor a one-time nonrcllll1dahle Encroachment Inventory Fcc of
THREE IIUNDRED AND 00/1 00 U.S. DOLLARS (S300.00) upon cxecution of this Agrcement.
Licc:nsee agn:cs that thc: License Fcc applies only to the original Licensce under this Agreement.
In thc ewnt of a succcssor (by mergcr. consolidation. reorganization andlor assignment) or if the
original Licensee changcs its name, thcn Liccnsee shall be subject to payment of Licensor's
curn:nt administrativc and document preparation Ices for the cost incurrcd by Liccnsor in
preparing and maintaining this Agrecmcnt on a current basis.
'1 '1 Howcver, Liccnsec assumcs sole responsibility for. and shall pay directly (or
rcimburse Licensor). any additional annual taxcs and/or pcriodic asscssmcnts Icvied against
Licensor or Licensor's property solely on account of said Pipclinc or Crossing.
2.3 This Agrcemcnt shall be effective upon the datc first writtcn above. License shall
be rc:vocablc only. as hcrein provided, but shall also terminate upon (a) Licenscc's cessation of use
of the Pipclinc or Crossing for the purpose(s) above. (b) removal ofthc Pipelinc, and/or
(c) subsequent mutual consent.
2.4 In Illrthcr consideration for the license or right hereby granted, Licensee hcreby
agrees that Licensor shall not be charged or asscssed. directly or indircctly, with any part of the
cost of the installation of said Pipeline and appurtenances, andlor maintenance thercof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Liccnsee shall construct. maintain, rclocate, repair. rcnew, alter, and/or rcmove said
Pipelinc. in a prudent. workmanlikc manner, using quality materials and complying with: any
applicable standard(s) or rcgulation(s) of Licensor (A.R.E.M.I\. Specifications) and Liccnsee's
particular industry, and/or any govcrnmental or rcgulatory body having jurisdiction ovcr thc
Crossing or Pipeline.
3.2 Location and construction of Pipeline shall bc madc strictly in accordance with
dcsign(s) and specilications furnished to and approved by Licensor, and of matcrial(s) and sizc(s)
appropriate for the purpose(s) abovc recited.
3.3 All Licensee's work and excrcise of rights hcrcunder shall bc undertaken at timc(s)
satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the
safe use and opcration of Licensor's track(s).
CSXT Form 2037G - Page .3
Revised May 2002 0
Agrel?ml?l1t No. CSX-04-l932
3.-+ In thl? installation, maintenance. repair and/or removal of said Pipclinc, Liccnsee
shall not use cxplosives of any type or pcrform or cause any blasting without the separate cxprcss
written consent of Licl?l1sor. As a condition to such consent. a representative will bc assigned by
Liccnsor to monitor hlasting. and Licensee shall reimburse Licensor for thc entirc cost andlor
expense of furnishing said monitor,
3.5 Any rcpairs or maintenance to Pipcline, whether resulting from acts ofLicensce, or
natural or weather events, which are neccssary to protect or facilitate Liccnsor's use of its property,
shall be nlldc by Licensee promptly, but in no event latcr than thirty (30) days altcr Licenscc has
noticc as to the need l'or such repairs or maintenance.
3.6 Licensor, in ordcr to protect or safcguard its property, rail operations, equipmcnt
and/or employees from damagc or injury. may requcst immcdiate repair or renewal of the Pipeline,
and if the samc is not pcrf'ormcd, may makc or contract to make such repairs or rcnewals. at thc
solc risk, cost and expensc of Liccnsec.
3.7 Neither the failure of Licensor to objcct to any work donc, materialuscd. or mcthod
of construction or maintenancc of said Crossing, nor any approval givcn or supcrvision cxcrcised
by Licensor, shall bc construed as an admission of liability or responsibility by Liccnsor, or as a
waiver by Liccnsor of any of the obligations, liability and/or rcsponsibility of Licensee under this
Agreement.
3.8 Licenscc hcrcby agrecs to reimburse Liccnsor any loss, cost or expense (including
losses resulting fi'om train delays andlor inability to meet train schedules) arising from any failure
of Liccnsee to make repairs or conduct maintenance as required by Section 3.5 abovc or from
improper or incomplete repairs or maintcnance to Pipeline.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or beforc usc of the Crossing for the
contracted purposc. Licensee, at its sole cost and expense, shall obtain all nccessary pcm1it(s)
(including but not limited to zoning, building, construction, health, safety or environmental
matters). lettcr(s) or certi ficate(s) of approval. Licensec expressly agrees and warrants that it shall
conform and limit its activities to the tenns of such pcnnit(s), approval(s) and authorization(s), and
shall comply with all applicable ordinances. rules, regulations, requirements and laws of any
governmcntal authority (state, federal or local) having jurisdiction over Licensee's activities,
including the location, contact, excavation and protcction regulations of the Occupational Safety
and Health Act (OSI IA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You
Dig" requirements.
4.2 Licensce assumes sole responsibility for failure to obtain sllch permit(s) or
approval(s), for any violations thereoC or for costs or expenses of compliance or remedy.
CSXT Form 1037G - Pag.e-+
Revised 1\'la)' 2002 II
Agrecment 1\0. CSX-0-+4932
5. i\lARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensec, at its solc cost and expense, shall:
(A) Support track(s) and roadbed of Licensor, in a manncr satisfactory to
Liccnsor:
(B) Backfill with satisfactory material and thoroughly tamp all trenches to
prevcnt settling of surfacc of/and and roadbcd of Liccnsor; and
(C) Either removc any surplus earth or material from Liccnsor's property or
cause said surplus carth or material to be placed and distributed at location(s) and in such manncr
as Liccnsor may approve,
5.2 After construction or maintenance of Pipclinc, Licenscc shall:
(A) Restore said track(s), roadbed and othcr disturbed property of Licensor; and
(B) Ercct, maintain and periodically verify the accuracy of abovcground
markers, in a fonn approved by Liccnsor. indicating the location, depth and ownership of Pipeline
or related facilitics.
5.3 Licensee shall remain responsible for any settlement ofthc track(s) or roadbed for a
period of one (1) year subsequent to completion of installation.
6. TRACK CHANGES:
6.1 In the event that Licensor's rail opcrations and/or track maintenance rcsult in
changes in grade or alignment of, additions to, or rclocation of Licensor's track(s) or othcr
facilities, or in the event future use by Licensor of right-of-way and propcrty necessitate any
change of location, height or depth of Pipeline or Crossing. Licensee, at its sole cost and cxpense
and within thirty (30) days after noticc in writing from Liccnsor. shall make changes in Pipeline or
Crossing to accommodatc Licensor's track(s) or operations.
6.2 If Licensee fails to do so. Liccnsor may make or contract to make such changes at
Licensee's cost.
7. PIPE CHANGES:
7.1 Licensce shall pcriodically monitor and vcrify the depth or height of Pipeline and
Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline or changc
Crossing, at Licensee's expense, should such relocation or change bc nccessary to comply with the
minimum clearance rcquirements of this Agrccment or of any public authority,
('SXT Form2037G - Page:)
Reviscd ~'Iay 2002 II
Agrecmcnt No. CSX-O--l4932
7.2 If Liccnscc undcrtakcs to n~\'isc. rencw. relocate or change all or any part of
Pipeline (including any change in circumferencc. diamctcr or radius of pipe or carricr pipc, change
in operating pressure, or changc in matcrials transmittcd in and through said pipc). or is required by
any public agency or court order to do so. plans therefor shall be submitted to Liccnsor It)!'
approval betl"lrC any such changc is made. Aftcr apprm'al the terms and conditions of this
Agreement shall apply therdo.
8, INTERFERENCE \\'ITII RAIL FACILITIES:
S.I Although the Pipeline/Crossing herein pennitted may not presently interfere with
Licensor's railroad opcrations or facilities, in thc cvent that the operation, cxistence or maintenance
of said Pipeline, in the sole judgment of Licensor. causes: Ca) interference (physical. magnetic or
otherwise) with Licensor's communication, signal or other wires, powerlines, train control system.
or facilities: or (b) interference in any manner with the operation. maintenance or use by Licensor
of its right-of-way, track(s), structures, pole linc(s), dcvices, other property, or any appurtcnanccs
thcrcto: thcn and in either event. Licensee, upon reccipt of written notice from Liccnsor of any
such interference. and at Liccnsee's solc risk. cost and cxpense, shall promptly take such rcmcdial
action or make such changes in its Pipelinc as may bc required in the reasonable judgment of
Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change. Licensor
may do so or contract to do so, at Licensee's sole cost.
S.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to requirc Licensee to undertake nccessary rcpairs,
maintenance or adjustments to Pipeline, which Liccnsee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9, RISK, LIABILITY, INDEMNITY:
With respect to the relativc risk and liabilities of the parties, it is hereby agreed that:
9,1 Liccnsee hcreby assumes, and, to the fullest extcnt pcm1itted by State law
(Constitutional or Statutory, as amended), shall defend. indemnify, and hold Licensor hannlcss
from and against any and all liability. loss, claim. suit, damage, charge or expense which Licensor
may suiTer, sustain, incur or in any way be subjected to, on account of death of or injury to any
person whomsocver (including ofliccrs, agents. employees or invitees of Licensor), and for
damage to or loss of or destruction of any property whatsoever, arising out of: resulting from, or in
any way connected with the construction, pr~sence, existence, repair. maintenance, replacement,
operations. use or removal of Pipeline or any stmcture in connection thcrewith, or rcstoration or
premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the
willful misconduct or gross negligcnce of Licensor, HOWEVER, during any period or actual
construction, repair, maintenance, replaccment or removal or pipeline, wherein agents, ~quipmcnt
or personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be
absolute, irrespective of any joint, sole or contributory f11l11t or negligence or Licensor,
CSXT FL1rm 2037G - Page 6
Rc\ : 5cd lvlay 2002 n
Agrccment I'll. CSX-O-l4932
9.2 Use of Licensor's right-of-\\ ay il1\'oln:s ccrtain risks of loss or damage as a result of
Licensor's rail operations. Notwithstandin:; Section 9.1, Licensee cxpressly assumes all risk of loss
and damage to Licensee's Property or Pipc line in. on. oyer or undcr thc Occupancy. including loss
of or an\' interl"crence with use thereol: n:s.m.lkss of cause. including elcctricallield creation, firc
or derailment arising out of Liccnsor's rail ~1perations. For this Section, the term "Licensee's
Property" shall include pipe contcnts as wdl as property of third partics situated or placcd upon
Licensor's right-of-way by Licensee or by :,uch third parties at request of or for bcnefit of Liccnsee.
9,3 To the extcnt permittcd by State law, as above, Liccnsee assumcs all responsibility
fix, and agrces to defend, indemnify and h(,ld Liccnsor harmless from: (a) all claims, costs and
expenscs. including rcasonable attorneys' Ices. as a conscqucncc of any sudden or nonsuddcn
pollution of air, water. land and/or ground water on or otTthc Crossing arca, arising from or in
connection with thc use of this Crossing or resulting from leaking. bursting, spilling, or any cscape
of the material transmitted in or through said Pipeline: (b) any claim or liability arising under
fcdcral or state law dealing with either such suddcn or nonsuddcn pollution of air, water, land
and/or ground water arising therefrom or thc rcmcdy thereot; and (c) any subsidence or f~lilure of
latcral or subjacent support of Licensor's tr::leks arising from such Pipeline leakage.
9.4 Obligations of Licensee hereunder to defend, indemnify and hold Liccnsor
hanl1lcss shall also extend to companies and other legal entities that control, arc controlled by,
subsidiaries ot: or arc affiliated with Licensor, and their respective officers. agents and employees.
9.5 If a claim is made or action is brought against either party, for which the othcr party
may be rcsponsible hereunder, in wholc or in part, such other party shall be notiticd and pemlittcd
to participatc in the handling or dcfcnse of such claim or action.
10. INSURANCE:
10.1 Prior to commencemcnt of surveys, constnlction or occupation of Crossing
pursuant to this Agrcement. Liccnsee shall procurc. and shall maintain during the continuancc of
this Agrcemcnt, at Licensce's solc cost and expense, a policy of Commercial General Liability
Insurancc (CGL), naming Liccnsor as additional insured and covering liability assumed by
Licensee under this Agrcement. A coverage limit of not less than THREE MILLION AND 00/1 00
U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability
and propcrty damage liability is currcntly required as a pnldcnt minimum to protect Licensee's
assumcd obligations. 'IlIe evidence of insurance coverage shall be cndorsed to provide for thirty
(30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL
certiticatc, along with agreement, to CSX Transportation, Inc" Speed Code J 180, 500 Water Street,
Jacksonvi lie, FL 32202. On cach successive year, scnd certi ticate to Speed Codc .1907 at the
address listcd above.
CSXT Form 2037(; .. Pag~ 7
R~\'is~c1 1\ by 2002 n
Agreement No, CSX-O-l-l932
10.2 I f said CGL policy docs not automatically CO\'l~r Liccnsee's contractual liability
during periods of sUr\'CY, construction, maintenancc and continu~d occupation, a specific
cndors~ment adoing such coverage shall be purchased by Licensee. If said CGL pnlicy is written
on a "claims malic" basis instcad of a "pcr OCCUITCIlC'e" basis, Liccnscc shall arrangc for adequatc
timc lar reporting losses. Failure to do so shall be at Licensec's solc risk.
10.3 0:otwithstanding the provisions of Sections 10.1 and 10.2. Licensec. pursuant to
State Statute(s), may sclf-insun: or sdf-assumc, in any amount(s), any contracted liability arising
under this Agreement undcr a funded program of self-insurance. which funo will n.:spond to
liability of Licensee imposed by and in accordance with thc procedurcs established by law.
lOA Securing such insurance shall not limit Licensec's liabil it)' undcr this Agreement.
but shall hc additional sccurity therefor.
10.5 Sp~cifically to cover construction and/or demolition acti\'iti~s within tifty feet (50') of
any operatcd railroad track(s) or affccting any railroad bridgc, trestle, tunncl. track(s), roadbcd,
overpass or und~rpass, Liccnsee shall pay to Licensor thc sum of SEVEN HUNDRED FIFTY AND
00/1 00 U.S. DOLLARS ($750.00), to covcr till: cost of adding this Crossing to Licensor's Railroad
Protcctivc Liability (RPL) Policy for the pcriod of actual construction.
II. GRADE CROSSINGS; FLAGGING:
11.1 Nothing hercin containcd shall bc construed to pcrmit Licensec, or any contractor
of Liccnsl:c, to move any vehiclcs or equipment over track(s) of Licensor. except at public road
crossing(s), without separate prior written approval of Licensor (CSXT Form 7422).
11.2 I f Licensor deems it advisable, during the progress 0 I' an)' construction,
maintcnance, rcpair, renewal, alteration, change or removal of said Pipelinc, to place watchmcn,
llagmcn, inspcctors or supervisors at the Crossing for protcction of operations of Liccnsor or others
on Licensor's rig.ht-of-way, and to keep persons, I:quipment and matl:ria\s away from Licensor's
track(s), Liccnsor shall havc the right to do so at thc expensc of Licensec, but Liccnsor shall not be
liable far f~lilure to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rulcs and
existing labor agreements, Licensee may providc such flagmcn, watchmen, inspectors or
supervisors, during all timcs of construction, rcpair. maintenance, rcplaccment or rcmoval, at
l.icensce's sole risk and cxpense; and in such cvent, Licensor shall not bc liable for the l~lilurc or
neglect of such watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or altemative costs or expenses incurrcd by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensec.
CS:\T Form 2037G - Page g
Re\'i~eJ \'Iay 2002 0
Agreement No. CSX-044932
12.2 Licensor's expense for wages ("forcc account" work.) and materials for any work
pcrfonned at thc expcnse of Licensec pursuant hcrcto shall be paid by Licensec within thil1y (30)
days altc.:r rc.:cc.:ipt of Licensor's bill therefor. subjcct to licensee's budgetary rulcs.
12.3 Such expense shall include, but not be limited to. CL)st of railroad labor and
supervision undcr "force account" rules, plus currcnt applicable o\'erhead percentages, the actual
cost of materials, and insurance, frcight and handling charges on all materials used. Equipment
rc.:ntals shall be in accnrdance with Liccnsor's applicable fixed rate(s).
12.4 I I' any amount due pursuant to thc terms of this Agreement is not paid by the duc
datt:, it will bt: subject to Licensor's standard late charge and will also accrue intcrest at eighteen
pcrcent (I X%) pcr annum, unlcss limited by local law, and thcn at the highest rate so permitted.
B. DEFAULT, BRI~ACH, \VAIVER:
13.1 The propcr and completc pcrfonnance of each covcnant of this Agrecment shall bc
dcemed of the cssencc thereof: and in the cvent Licensee fails or refuses to fully and completely
perform any of said covenants or rcmedy any brcach within thirty (30) days aftcr recciving written
notice from Licensor to do so (or within forty-eight (48) hours in the e\'ent of notice of a railroad
emergency). Licensor shall havc the option of immediately revoking this Agreement and the
privileges and powers hcreby conferred, rcgardlcss of encroachment inventory fee(s) having been
paid in advance for any annual or other pcriod. Upon such revocation, Licensee shall make removal
in accordance with Article 14.
13.2 No waivcr by Liccnsor of its rights as to any brcach of covenant or condition hercin
containcd shall bc construcd as a pcnnanent waiver of such covenant or condition, or any
subsequcnt breach thcrcof: unless such covenant or condition is pennanently wai\'ed in writing by
Liccnsor,
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of:
(a) revocation, (b) termination, (c) subscqucnt agrccmcnt, or (d) Licensee's rcmoval of Pipeline
from the Crossing. However, neither rcvocation nor tennination of this Agreement shall affect any
claims and liabilities which may have arisen or accrucd hcreunder, and which at the time of
termination or revocation havc not bccn satislied: ncither party, howe\'er, waiving any third party
dcfcnscs or actions.
14.2 Within thirty (30) days after revocation or termination. Licensee, at its sole risk and
expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto
tlgrcc otherwise, (b) rcstore property of Licensor in a manncr satisfactory to Liccnsor. and (c)
reimburse Licensor any loss, cost or expcnse of Liccnsor resulting from such removal.
CSXT FLInn 2037G .. Page 9
Re\'iseJ ~ lay 2002 t'
:\grcel11l.?l1t No. CSX-O.f.f932
IS. NOTICE:
15.1 Licensee shall givc Liccnsor's Chief Regional Enginecr (Florida Busincss Unit. 5656
Adamo Drive, Tampa. FL 33619-3240) at least ti\'e (5) day:; \\"I'itten notice before doing ~ work
on Licensor's right-of-way, exccpt that in cases of emergency shorter noticc may be given to said
Chicf Regional Enginecr.
15,2 :\11 othcr notices and commtmications concerning this Agreement shall be addrcssed
to Licensee at the address abO\'e. and to Licensor at thc address shO\\l1 on Page I. c/o CSXT
Contract Administration, .1180: or at such other addrcss as eithcr party may designatc in writing to
the other.
15.3 Unless otherwisc cxpressly stated hercin, all such notices shall be in writing und sent
via Certilied or Rcgistcred ivtnil. Return Reccipt Requested. t)r by courier, llild shall bc considercd
efli.:ctivc upon: (a) actual receipt. or (b) datc of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights hcrein conferred are thc privilegcs of Licensec only, and Liccnsee shall
obtain Licensor's prior written consent to any assignmcnt of Liccnsee's interest hercin; said consent
shall not be unrcasonably withheld.
16.2 Subject to Scctions 2 and] 6.1, this Agrccmcnt shall be binding upon and inurc to
the benefit of thc parties hereto and thcir respcctive succcssors or assigns.
16.3 Liccnscc shall give Licensor written noticc of any Icgal succcssion (by mergcr,
consolidation, rcorganization. ctc.) or other change of lcgal existencc or status of Licenscc, with a
copy of all documents attcsting to such changc or legal succcssion. within thirty (30) days thercof.
16.4 Liccnsor cxprcssly rcserves the right to assign this Agrecmcnt, in wholc or in part, to
any grantcc or vendcc of Liccnsor's underlying propcrty intcrcsts in thc Crossing, upon written
noticc thercof to Licensee.
16,5 In the evcnt of any unauthorized salc, transfer, assignment. subliccnse or
encumbrancc of this Agreement, or any of the rights and privilcges hereunder, Liccnsor, at its
option, may rcvokc this Agreement by giving Licensec or any such assignec written noticc of such
revocation: and Licensec shall reimburse Licensor for any loss. cost or expensc Liccnsor may incur
as a rcsult of Licensee's failure to obtain said conscnt.
] 6.6 In the event of sale or other convcyancc by Licensor of its Right-of- Way, across.
undcr or ovcr, which the Crossing is construetcd, Liccnsor's convcyancc shall bc madc subjcct to
thc right of Liccnsce to continue to occupy thc Crossing on thc spccific segmcnt of Right-of.. Way,
and to operate, maintain, repair, rcncw thcreon and to removc thcrefrom the facilitics or Liccnscc,
subject to all othcr tcrms of this Agrcemcnt.
CSXT Form .2037G - Pagc 10
Rc\'iscd May 2002 0
Agrcemcnt No. CSX-04-l932
17. TITLE; LIENS, ENCUMBRANCES:
17.1 Licensce understands that Liccnsor occupies, uses and posscsses lands. rights-of-
way and rail corridors under all forms and qualitics of ownership rights or facts, from full fee
simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be
dcemed to act as any warranty, guaranty or rcpresentation of the quality of Licensor's titlc for
any partiClllar Right-of-Way in the Crossing occupied. used or enjoyed in any manner by
Licensee under any rights crcated in this Agreement. It is exprcssly understood that Liccnsor
docs not warrant title to any Right-of-Way in the Crossing, and Liccnsce will accept the grants
and privileges contained herein, subject to all lawful outstanding existing licns. mortgagcs and
supcrior rights in and to the Right-of-Way, and all leases, licenses and easemcnts or other
interests previously granted to others herein,
17.2 The term "license," as used herein, shall mean with rcgard to any portion of the
Right-of-Way which is owned by Licensor in fce simple absolute, or where the applicable law of
the State where the Crossing is located otherwise permits Licensor to make such grants to
Licensee, a "pcrmission to use" the Right-of-Way, with dominion and control over such portion
of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess
being otherwise granted to Licensee, With rcgard to any othcr portion of Right-of-Way
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusivc right to occupy the Right-of-Way and grants no other rights whatsocver under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, usc
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Liccnsee with all of the rights necessary to occupy any portion of the Right-of- Way. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right-of- Way
held by Licensor in less than fee simple absolute without also rcceiving the conscnt of the
owner(s) ot'the fee simplc absolute estatc. Further, Licensee shall not obtain, exercise or claim
any interest in the Right-of-Way that would impair Licensor's existing rights therein.
17.3 Liccnsee agrces it shall not have nor shall it make. and hcrcby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficicncics in title to the Right-of-Way in the event of f~\ilure or insufficiency of Licensor's title to
any portion thereof arising from Liccnsee's use or occupancy thercof,
17.4 Liccnsee agrces to full and completely indemnity and defend all claims or litigation
for slander of titlc. overburden of casement, or similar claims arising out of or based upon
Licenscc's I~\(;ilities placemcnt, or the presence of Licensce's 1~lcilities in, on, or along the Crossing,
including claims for punitive or special damages.
17.5 Licensee shall not at any timc own, or claim any right. title or intcrest in or to
Licensor's propcrty occupied by the Crossings, nor f,hall the excrcise of this Agrcement for any
length of time give rise to any right titlc or intcrest in License, to said property other than the
licensc herein crcatcd.
CSXT Fonn 2037G - Page 11
Revised May 2002 0
Agreemcnt No. CSX-044932
18. GENERAL PROVISIONS:
18.1 This Agreement. and the attached specifications. contains the cntire understanding
between the parties hcreto.
18.2 Ncithcr this Agreement. any provision hereof, nor any agreement or provision
included herein by rcfcrence, shall operate or be construed as being for the bcnefit of any third
person.
18.3 Neithcr the form of this Agreement, nor any language herein, shall bc interpreted or
construed in favor of or against either party hereto as the sole drafter thereof.
18.4 This Agrcement is executed under current interpretation of applicable Fcderal, State,
County, Municipal or other local statute. ordinance or law(s). However, cach scparate division
(paragraph, clause, item, term, condition, covenant or agreement) hercin shall have independent and
severablc status for the dctermination oflegality, so that if any scparate division is detcnnined to be
void or unenforceable for any reason, such detem1ination shall have no etTect upon the validity or
enforecability of each other separate division, or any combination thereof.
18.5 This Agreement shall be construed and governed by the laws of thc state in which
the Pipeline and Crossing are located.
19. RIDERS:
The following Rider(s) islare herewith attached and included herein:
[X] Telecommunication Cable or Fiber Optic line
CSXT Form 2037G - Page 12
Revised May 2002 0
Agreement No. CSX-0-l-l932
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the date and year first above written.
\Vitness for Licensor:
CSX TRANSPORTATION, INC.
By:
Print/Type Name:
Print/Type Title: _
\Vitness for Licensee:
CITY OF CLEARWATER PUBLIC
UTILITIES DEPARTMENT
By:
Countersigned:
Who, by the execution hereof, affirms that helshe
has the authority to do so and to bind the Licensee
to the tenns and conditions of this Agreement.
Print/Type Name: William B. Horne, II
Brian J. Aungst
Mayor-Commissioner
Print/Type Title: City Hanager
Approved as to form:
. ~~~ '/) '~ II'
/'11- t.fi c-...' / / j/ :.ll--
.$rya.n'D. Ruff '.II
/~ Asrlstant City Att!drney
Tax Identification Number:
Authority under Ordinance or
Resolution No. 03-18
dated
ATTEST:
Cynthia E. Goudeau
City Clerk
CO:\Ii\Il':'1IC...\TIO~S CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No construction of any type pursuant or rda1l:d in any way to this Agreement shall
be commenced by Licensee. or by any agent, representative, contractor. subcontractor of Licensee,
without Licensec first giving at least thirty (30) Jays written notice to the following Parallel Cable
Occupicr( s):
("jvlCI ")
ivlr.Bryan Toolcy
ivlCI Telecommunications Corporation
2250 Lakeside Bini
Dept 42855 Location 642
Richardson, TX 75082
Phone No. (800) 624-9675
or (972) 656-5159
(NOTE: \VRITTEN CONSENT OF MCI IS ALSO
REQUIRED)
2. The noticc shall bc accompanied by drawing(s) showing the gcncral plan, elcvation,
details and mcthods of Licensec's proposed construction, and the location of Occupier(s)' cablc or
facilitics in relation to Licenscc's proposcd constnlction.
3. Prior to any constnlction, Licensee must locate and idcntify, any cxisting cable,
wire or fiber optic linc (including any appurtenanccs thcrcto) of said cable occupicr(s) travcrsing or
located in. on, or immcdiately adjaccnt to thc proposcd Crossing, at Liccnsce's solc risk.
4. Any changcs, altcration, relocation or protcction ofwirc(s), cablc(s) or facilities of
such Occupier(s), required by said Occupier(s), shall be at Licensee's sole cxpcnse except as
otherwisc ncgotiatcd betwecn Liccnsee and said Occupicr(s).
5. Licensee shall bc solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtcnances thcreto, resulting in any way from
Licensee's cxercise of rights or privileges undcr this Agrecment.
6. Liccnsee shall defend. indemnify and hold Licensor harmlcss from any such
damage claims and any relocation or protcction costs of said Occupier(s).
CSX TRANSPORTATION, INC.
Lil:ensor:
(Initial)
(Datc)
CITY OF CLEAR\V A TER PUBLIC
UTILITIES nEI)ARTMENT
Licensee:
(Initial)
(Date)
FORM CSXT 7~55 - Re\'. J J 0 J /0.2 (Page J of 2)
csx
TR..\h'SPO~TXr!ON
APPLlCA TION FOR PIPELI}."E
CROSSING OR PARALLELING PROPERTIES .-\J\TD TRACK
Submit one original and one copy ofbo:h :he application and d;'a\....ing along with a S650.00 nonrefundable
Application Fee to CSX Transportation, Property Services J 1 SO. 500 Water Street, Jacksonville, fL 32202.
Application and plans must be approved and written authority received from the Railroad before construction is begun.
Your proposal and construction must be in accordance with CSXT's Specifications, the American Railway
Enginee:-ing and Maime::mnce-of-Way Association (AREMA) and any current governing laws or regulations. Note:
Specifications furnished in the Application Package are to be used as a guideline only. CSXT reserves the right to
approve or decline any application.
PLEASE SIG:'\ BEFORE COMPLETL\G:
Agreement Xo.:
I afftrm the information 1 am furnishing in this application will comply with the current AREMA Standards, governing
laws or regulations, and accurately reflects the proposed construction plans:
Signature: ~ 1 \,H...CH .' ~ c.dtu Application Date: 2-.- t 7 -03
I [Project Owner Information:l lX Check here if agreement should be mailed to this address
1. Complete Leeal Name of anolicant as it would aooear in a le~al document (inaccurate information "ill delav
vour reQuest):
City of Clear\l8ter Public Utilities Department
2. Company Contact Name: Mich ael D. Quillen, P. E.
Title: City Engineer
3. Telephone: ~ 562-4960 Fax: C!.!:.1> 562-4755 E-Mail: mquillen@clearwater-fl.com
4. Street Address: 100 S. Myrtle A venue City: Clearwater State: FL Zip: 33756
5. Type of business:
o Corporation (State of incorporation )
o Partnership (Type and State of Partnership )
[] Individual 0 Developer :x Municipality Q Other
Engineer/Consultant Information:1
o Check here if agreement should be mailed to this address
6.
7.
8.
9.
Company Name: ~1cKim & Creed. P.A.
Company Contact Name:Norman J. Scally
Telephone: 0l2.i> 442-7196 Fax: C11:1> 461-3827
Street Address: 601 Cleveland Street #205 City:
Title: Project Engineer
E-Mail: nscally@mckimcreed.eom
Clearwater State: FL Zip: 33755
~roject Infonnation:1 (Note: Aletric Informatio1l will NOT be accepted.)
10. Is this installation: Xl New 0 Revision to existing 0 Attachment to existing 0 Upgrade to existing
11, If not a new installation, furnish existing Agreement Number: N I A
12. lfthis installation is to be a supplement to your master (general) agreement, furnish:
Agreement Number: N I ^ Date: N I A
13 . Your Reference Number: N I A
14. Work to be performed by:
o Applicant's ernployeesls Applicant an Aegis member? 0 Yes 0 No
X Contractor Contractor Name: To be f:;elected by City
15. Town Location: ...cle~ter County: Pinel1as StatclProvincc: FL
(Fonn continued on Page 2)
II ")~
;~.
" ;~.
-,).
126.
127.
I
?':!Rl,l CS~':T - ~55 - Rev. 11 (.1 <\2 (P:;;e : of2)
Proie:: l:Jfl)::::a:i): C':,:::.~:
16. r:-':'lou:::: to ~e Con.;ey::.::
Fb:::1D::ble: := Yes :s:-:o
Reclaimec Water
17.
1 S.
Te::1per2ru.;-e: 75 ceQ" t
Maxirnu::1 \\"o:-~:ir.; Pr:::ssll:'::: 1 no pc:;; ?idd Te:;: Pressure: ~ :,1' :,si ~y?e Test: h\'drosta~ic
Lo:::::.:ion of S:nn-O:TV::.I\'es: 400' W. of cent.erline of trOlC};S I'> 400' E. of centerline of track
:."'Ju:nber: = l\'la~o!es ~ I A :=; Other (des.::ibe) N.' A Druid Road
:0 be located \\'itbin K::ilroad ca.~;dor. l\'lanholes shall he flush "ith top of ground and dimensions
of ancillary structures are required on dr:n,ing.
JiSt:!..i1ce :rom !:1a~loJes!other to :1earcst l.::':~:: N ! ,;
A...:g;eorCrossing: 90 de~ >:-umberofT:-:iCKsto:,e::-ossed: one
PIPE SPECrFlC:\ TIO:SS:
~1 aterial
~Ja!erial Specifica:ions &: G:-ade
:-.Jtnimml: Yield S::-e:1gth of Material PSI
L'1side Di::meter
\\' aU Thickness
19.
20,
..., .
..:.1.
""i
CARRIER PIPE: C.\SI?\G PIrE:
Ductile r ron Steel
:\~SI/A\\'WA C151/.-',.21.51 ASTM :\139 Grade B
~2.000 35,000
8.55 inch es 15.562 inches
0.22 inch 0.219 inch
9.05 inches 16 inches
Straight Straight
~.lechanicallv Restr::ined Butt Weld
5'0 feet :il feet
Attach manufacturer's ShOD detail and COIDDutations that
include Dlate thickness and !!2!!e.
Height above ground N I A
Ourside Diameter
Type of Seam
Kind of J aims
Total Length Wi:hin Railroad R/\V
Tunneling (Liner Pla.res) N I A .vote:
28.
Vems: Nlli"TIber N I A Size N / A
Seals: 0 One End rx Both Ends
Bury depth: Base of rail to top of casing: 7 feet 10
Kot beneath tracks: 6 feet 4 inches
(3elow ditches) N I A feet, N I A inches
Cathodic Protection::J Yes ~ No Protective Coating: ~ Yes (Kind) Hot Coal Tar EnamelD No
Method of installation: Bore and Jack
Temporary track support or riprapping required? 0 Yes fX No (Describe and Detail on Drawing)
\Vires, poles, obstructions to be relocated? 0 Yes .Si No (Describe and Detail on Drawing)
Is this both a Crossing and Parallelism? 0 Yes ~ No
Crossing location: 1 ,050 feet South (direction) from Railroad :Milepost: 875
Ifknown: Valuation Station: N / A Valuation Map Number: N I A
Ifk:nown: LatitudetLongitude: N I A
Ifk:nown: Street Address ofCrossing.X'&Xl.1eKs.'!h: Druid Road and. CSX ROW
Parallelism location: Beginning: N I A feet N / A (direction) from RR Milepost: N I A
and Ending: N I A feet N I A (6rection) from RR :Milej?ost: N I A
Total length on Railroad RfW: 50 ft Length Crossing: 80 feet Length Paralleling: N / A
Will line be entirely within a public road RJ\V? ~ Yes 0 No DOT/AAR Crossing No.: 626-797-M
U If you ans\vered yes, road name, number, and width of public right-of-\\'ay are required on dra\ving
a) Will this occupancy connect to an existing facility v.ithin Railroad co:ridor? 0 Y es ~ No
b) If Yes, name facility owner(s): N I A
inches
29.
30.
31.
Railroad Use Only:1
Division r:-, 1:~.,.:L
A..b 1 N . ~ "') -:' 11"1~. ,-.t
_ so ute 0.: , ,~ ) , <.. . I
Valuation Station: lit"l ,/./ if
I\'filepost: :.;y \' 1/:'.:; /',
,., bdi .. ( I I ,-
:::iU VISIon I.. ~'rl. '-..~(...'.,,).c.
Valuation Section/Map No.:
No. of Crossings:
\.::.. (~'( /i 1/ . .
, . !... I. ...
I
I.' ,
""i'
?~'Jad:r:.2.ste.r ~'o.:
COTIrr, Ty?:,:
--'_P_--
. ---. -- .-----------
Fiber?
I~~
~.
I-- I~ (d I
DRAINAGE I,\/:..NHCL:: _\ I ~ ~ ' !. - ;:;;;.~.",' :..: (
~~
R:M EL .: 25.27 c.. x
INV 36" RCP (N) ::'9.3~ \ ~ r
INV ~S" R::P (S) =::!.5: \::j Bi
INV 35" RCP (W) .: 1931 I:;: ~
, ; E .J") I II ~ I' I . ~"~ . LT
~_I -I ~ 10 ORUB, _':"-
J '. ~. d - r ~, "I' ~/-J
I f .L_-"""T ~ r~'J"~lC ',VAL','
'\\ ~' , .~ :". j ~ Y" L 'I::::::---" .. r
. ':.........,,_ 10M \. ~ '
, , I I II,. I /
- , ----:-r, ~-~----;~- 10"W"
_ _~_ _~~_:2_~:_51N_U-_1 _~ \;-- --;1 ~lllll BORE AND JACK
- - - S - DRLJI-O -R-;AD - - -1 ><:~ jl !III~ ~~5:'c~~,~g.
a 8 U>--J I P
to . · C",,) - Ii II
- - -10"S5- -; 27 COW-SURB - - - - - - ~ - - - .~- - - - ~r 11- i 1 - - - - - - - - - - - - - - - - - - -.- - ,10
~. CONS \'j!. ~
A 10 0
.
(2) 8-
r
. ........... /. If i I
~ ~''- 50'1 II I I 30'
~----r ' , t 1_ ,(OS CON' CURB
./ L I # f .-
// q2>- - - 1 - - - - - - - - - - -24"50 -:.::_:...-=-.:=..'::,-=-=-;-----=::---;0,,-
g ~ g{1 ;0
~ FE
R I ~
I I u
s f ~
IL
:Ni
~_____ COliC
._~-- ..i __
-,--- .
I
:2
~
~ 'I'R 3.3.3.
en
'"
en
o
'"
o
o
~
I'-
-
...
N
o
r"i
o
u:
z
:5
a.
/
I
i
I
OIolYR :n.:1"
...
,i
SANITARY MANHOLE
RIM EL ::28.12
INV 10' VCP (E) =20.62
INV 10. VCP (W) ::20.67
RR CROSSING
SIGNAL POLE
~~,-,' .::+ ~- :~i<-
RR CROSSING
GA TE ARM
N
DRAINAGE 1,\ArmOl::
RIM El = 28.58
INV 24" CMP (E) = 19.84
INV 18" RCP (N) = 22,87
\....:.-::
Cl
~
"tl
..J
~
r;-
lJ)
~
..J
W
z
ii:
6
5
a:
9
;0
E
Gl
g,
CIl
Cl
c
~
ro
Ci
6
:9
'f
o
-
o 20'
~
SCALE: 1 "=20'
D~TE:
liCE PROJ. ,
DRA'Ml
DESIGNED
CHEO<ED
PROJ. IIGR.
I /2191
0892-010.
JlD
N.IS
N.IS
EAII
.M=I<IM&CREED
..L
.:.}
HARBOR OAKS
RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION SYSTEM
BORE AND JACK
DRUID RD. & PINELLAS TRAIL
PLAN
-..--
'\ . 'i I .. . t t '
, -"j h i L'_. _,
; I ,'.. ,I 'I .
! I,' ,', ,\
I: . ". '. .'
601 Cleveland Street. Suite 205
Clearwater, F'l 3J755
PhQl'le: (727)~2-7196,
Fox: (727)<461 -:1827
.v.ooo:1ll11 EllOOOeUl
.......mcklmcreed.com
J
" t
FIGURE 3
9
C\j
Ol
Cl
9
lJ)
,
\.
30 -.--..------------------ -1------------------------.--l30
CSX RAILROAD R.O. W. ~I
EXISTING I
29 iT~-- GRADE\-- "1 _=n ----- _____ ::- m-T- 29
28 - ~--;-------- 28
,-r=-= -- ~-- I ---I --
27 [L-- ---~ .-L___ 27
I I I
, ,
, I
I i
26 i- I ---- 26
I
I
I
25 f
I
I
I ,
24 r-t--
I
23 I
1
I
I
I
I
I
20::
~W
llJ---l
U
BORE AND JACK
9-bF7-0F-l6 "
STEEL CASING
22
21
20
19
'""'
~ ~
2 0::
Ul
<i:--
u '-"
---l
W
~
I"'1Ul
Ol. r---
+<0(0
O"'-ai
<(Oil
I-ZW
UlW_
18
~
2
Ul
<(
(:)
---l
W
~
17
~
.....=
0::
~
'-" '-"
16
o 0
Z Z
w--- W
CD CD
O. 1"'1.
OLOOOLOO
+-.t"O+-.t"O
O_l"'1u_O
<(ON <(ON
1-- II 1-- II
UlOOWUlOOW
1"'1=
...-(Or---
+"'-(0
Zol
<(~II
I-WW
UlCD_
0+00
0+50
HOD
.M1<IM&CREED
, .
\. ,
, .
HARBOR OAKS
RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION SYSTEM
._ .~.. _ _.. ._... ". .._._ ___.n _'_'"
BORE AND JACK
DRUID RD, & CSX RR
PROFILE
/',.., ';,);' 1;r '_
- " ",.' . ~
601 a.wand Str..t, Suit. 205
a,enrat.r, Ft 33755
Phonr. (727)442-7196,
Far. (727)4El-3tl27
.v.aoonM7 OOOOM91
._.mckmcr.ed.com
i ! I' i I -'
i
I
T
I
I
I
!
i
25
24
23
22
21
20
- - 19
18
'""'
~
0::
~ 17
'-"
o
~ 16
CD
(0.
OLOO
-.t"o
...-_,..;
<(ON
1-. II
UlOOW
D~1~L________'/2/OJ
"a;I'IlOJ._ L_JXI82~0)~
DA~lIIN___ _________HJ!ll
OCSIr.fjED__ __ ._ ___ ____ _ "JS
(:Htoctl1.______..H. _"..15
PROJ. WeR. tAW
FIGURE 4
CARRIER PIPE (RCW)
SPACERS REQUIRED
AS NOTED ABOVE
CARRIER
& CASING SIZES
CASING/
WALL
THICKNESS
.188
.188
.219
.250
.281
,344
.406
CARRIER CASING
4" 12"
6" 14"
8" 16"
10" 18"
12" 20"
14" 24"
16" 30"
SECTION A-A
25' MIN.
OUTSIDE RAIL\
CROSS- TIE "\ \
ct. RAILROAD TRACKS
25' MIN.
/ RAIL BED (BALLAST)
EXIST, GRADE
o::(f)
= o~
<DlJ...-
Z I -'
::!: in z z
;.r, ::!:<(
::!:
CASINi CARRIER
PIPE PIPE A ~
~:~~ ~
A.J
10' -0"
, I
-~
ENDS OF CASING TO BE
SEALED
CARRIER PIPE SPACERS (ONE SPACER REQUIRED
MAX. 1'-0" FROM EACH SIDE OF JOINT. MAX,
DISTANCE BETWEEN SPACERS=10'-0")
CSX PIPELINE CROSSING DETAIL
NOT TO SCALE
.z.EI(IM&CREED
HARBOR OAKS
RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION SYSTEM
l!.~~_____-.JL~~
w_~.P.I!o,L_' _oe,~~_Q1~
~_A.~________"!!!
~-~- ------~~
~~~EIL______.___,~~
PflOJ. Illifl. EAII
'i>(:iltt:.d'/',;: ~:L
~I / I' /1' If!l :i, .,'
. I:, .' - , I.. .'
.!. .
." ,""..' '
CSX PIPELINE CROSSING DETAIL
601 Clewland Street, Suite 205
Clearwater, F'l 33755
Phone: (727)<<2-7196,
fa.: (727)461-3827
Mooone 7 1lIClCXlN1I1
w"w.mckimcreed.cam
FIGURE 5
CITY OF CLEARWATER
, ,'.': ' '
:\ . "', ,;>:::~, ;,'"
:. ',:>?> f'> :\'::"~' \', ~'
POq OFFICE Bn:, -4748, Clf_\R\\'.\TEH, FIClRlIl.\ 3375H-.i7'IS
.\11'-;IClI'AI SI'I(\lCES BI:IIDI-;l;, 100 SOITII .\I),I\TIE :\\'1':"1'1', CIL\H\X'ATEH. FII IHlPA :I:i,,)h
TEl.EI'1I0:\E (- 2';') :.;62-,i()')O F.\x (- 2-) ')()2.,j()')l)
FI:->..\:->CI' DEI',\HT.\lISr
HI"" .\1.\:->.\I;D1E:\T DI\NI 1:->
October 30, 2002
CSX Transportation
500 Water St.
Jacksonville, FL 32202
Please accept this letter as certification the City of Clearwater is insured (or self-insured) for insurance coverage
as shown below. The Clcarwater Gus System is a Department ofthc City of Clearwater, Thc City has been
approved by the State of Florida as a self-insured municipal governmcnt, The statc audit number for the city as
a self-insured Florida municipality is 9173. This certification is issued as a matter of information only, and
confers 110 rights upon the holder. The City's major insurancc coverages and limits are as follows:
1. Auto Liability, General Liability, Police Professiomll Liability, and Public Offichlls Liability: Self-
Insured Level: $100,000 per Person/$200,000 per Occurrence self-insured retention with statutory limits per
Section 768,28 Florida Statutes. Excess Insurance: $7,000,000 (No Aggregate) with The North River
Insurance Company with self-insured retention of $500,000 for the policy period 10/0 1 /02-101 I /03.
2. 'Vorkers' Compensation: Statutory coverage per Occurrcnce with self-insured retention of $500,000
Exccss Insurance via The North River Insurance Company for the policy period 10101/02-1 % 1/03.
3. Buildings, Contents, ~md Personal Ilropcl't)': $240,669,170 less $500,000 self-insured retention per
occurrence for the policy period 10/01102-1011/03. Coverage is 90 perccnt ofTIV,
4. Emergency Medic~ll Services (EMS) specific coverage as follows:
. EMS Medical, Profcssional Liabilit)', and Commercial General Liability: $1,000,000 per Occurrence
Iimit/$I,OOO,OOO Aggregate with certain Underwriters at Lloyd's of London subject to a deductible of
$5,000 caeh claim, for the policy period 1 % 1/02-1 % 1103.
. EMS Commercial Automobilc Lhlbility: $500,000 per occurrence Combined Single Limit with Royal
Indemnity Insurance Company for the policy period 10/01/02-10/01/03.
. EMS Umbrella Liability: $1,000,000 per Occurrence limit in excess of the Total Underlying Limits of
EMS coverage shown in (4) above with Clarendon Insurance Company for the policy period 10/01/02-
1 % 1 /03.
Sincerely,
&2
~ ./
&~x./:.'?( ~
.," .
/'/Sharon G, Walton, ARM-P
Risk Manager
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ITEM # Zg
Cleanvater Citv Commission
Agenda Co\'er Memorandum
I ,
Work Session Item # I) \ -:
/}C'
Final Agenda Item # "'< ,f
Meeting Date: 04/03/03
SUBJECT/RECOMMENDATION:
Adopt Resolution 03-19 authorizing the City to enter into an agreement with CSX Transportation, Inc., for
installation ot one (1) 16" reclaimed water main in the CSX right-ot-way as part of the Harbor Oaks
Reclaimed Water System project; and approve Pipeline Crossing Agreement No. CSX-044933,
[Bl and that the appropriate cfflcla:s be authorized to execute same
SUMMARY:
. A work order for consultant services was approved on 5/17/02 for design, preparation of construction plans,
and permitting for the Harbor Oaks Reclaimed Water System Project As part of this project, the City desires
to construct one (1) 16" ..vater main.
. The 16" reclaimed water main crossing is located where the CSX Railroad intersects Jeffords Street,
approximately 460 feet ..'.'est of Myrtle Avenue.
. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and
conditions associated with placing a pipeline underneath their railway system.
. The cost to the City will be 5300.00 for a one-time encroachment inventory fee and $750.00 for a construction
risk fee for a total cost of 51.050.00.
. Sufficient budget and revenue are available in the Capital Improvement Program project 315-96739, Reclaimed
Water Distribution System.
. A copy of the Agreement is available for review in the Official Records and Legislative Services office.
Reviewed by: // '.
Legal (;~?i)/~. Info Srvc
Budget ' 'v' Public Works
Purchasing ~ DCM/ACM
Risk Mgmt N/A Finance
Originating Dept: -;?Ie
PW Admin (RSFahey)
User Dept.
Costs:
Total $1,050
N/A
Attachments
Resolution 03-19
Funding Source:
Current FY CIP X
OP
Other
Submitted by:
City Manager -&.QJ 41- t..
Appropriation Code:
315-96739-565000-533-000
V Printed on recycled paper
c s X Rol iI road Agenda It em.Je fford sWat er .doc
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, r J' .:
\.. /.
Rev. 2/98
RESOLUTION NO. 03-19
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF PIPELINE AND WIRELlNE
CROSSING AGREEMENTS BETWEEN THE CITY OF CLEARWATER
AND CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF
ONE (1) 16" RECLAIMED WATER MAIN WITHIN CSX RIGHT-OF-
WA V, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City authorizes the execution of Pipeline Crossing
Agreement No. CSX-044933 and agrees to the terms and conditions of the agreement,
copies of which are attached hereto, and
WHEREAS, CSX Transportation Inc. has agreed to allow the City to install
one (1) 16" reclaimed water main in a 30" steel casing at Jeffords Street within their right-of-
way, as stated within the terms of said agreement, and
WHEREAS, the City Manager of the City of Clearwater is hereby authorized
to sign the agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Pipeline
Crossing Agreements between the City of Clearwater and CSX Transportation, Inc.,
allowing the City to install one (1) 16" reclaimed water main within CSX right-of-way.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Apnroved as to f.orm: _--, ,
. r-~._'). 7'.' /j
1-... I ,', I ! ) / /;
) ( '!" ~ c; i / .'. J..... l __1-
Bryan,b. Ruff .. '//
Assistant City Attorney ~ /
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 03-19
AGREEMENT CHECKLIST
Agreement Number: CSX-044933
~J
I j'l ~)
f2t ). ~
Please perform the following when executing the attached instrument:
X Sign the signature page in order to execute the agreement. One of the following should apply:
Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer
authorized by Board Resolution to execute legal documents on behalf of the Corporation. (Copy of Board A_uthorizatlon
should be furnished for anyone signing, other than the President oryice President.) If the Corporate name is set out
erroneously in :he Agreement, the document should be executed and the name corrected and initialed where It appears.
(Municipal Corporation, furnish copy of such Resolution.)
If Agreement IS with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the
captlon of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and
the name corrected and initialed where it appears.
If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the docum ent unless
one member of the firm has been designated managing partner or expressly by the partnership to execute the
Agreement. (Furnish copy of such authority.)
X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided.
X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath
signature(s).
X Social Security Number is required if Agreement is with an INDIVIDUAL, if Agreement is with other than an
INDIVIDUAL, a Tax Identification Number is required.
X Furnish Certificate of Insurance which states "CSX Transportation, Inc. as additional insured," which is required
under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding
the insurance requirements should be directed to CSXTs Mr. W. D. Tyler, Manager Risk Management (904) 633-5090.
X Initial and date each rider attached to the document following the signature page.
X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement:
One-time Encroachment Inventory Fee (refer to FEE's Article)
$300.00
$750.00
Construction Risk Fee (refer to INSURANCE Article)
TOTAL DUE
$1,050.00
CSXT Form 2037G - Page 1
Reviscd May 2002 (1
Agrecment No. CSX-0-l-l933
PIPELINE CROSSI~G AGREEMENT
TI-IIS AGREEMENT. r-.,'lade as of February 19,2003, by and between CSX
TRANSPORTATION. INC.. a Virginia corporation. whose mailing address is 50U Water Street,
Jacksonville, Florida 32202. hereinafter called "Licensor," and CITY OF CLE^R WATER
PUBLIC UTILITIES DEPARTMENT. a municipal corporation. political subdivision or state
agency. under the laws of the State of Florida, whose mailing address is 100 South Myrtle
Avenue, Clearwatcr, Florida 33756, hereinafter called "Licensce," WITNESSETH:
\VI-IEREAS, Licensce dcsires to construct. use and maintain a pipelinc. solely for thc
transmission of reclaimcd water, hercinafter called "Pipelinc." under or across thc traek(s) and
property owned or controlled by Licensor at or near Clcarwater, County of Pincllas, State of
Florida. locatcd at Valuation Station 141-l+26, Milepost SY -875.45, Clearwatcr Subdivision,
hereinaftcr called the "Crossing." as shown on print of Licensee's Drawing .IL044933, dated
December 31,2002, attached hercto and madc a part hercof; other details and data pertaining to
said Pipeline being as indicated on Liccnsec's Application Fonl1. dated February 17.2003, also
attachcd hercto and made a part hcrcof;
NOW, THEREFORE. in consideration of thc mutual covenants, conditions, tenl1S and
agreements herein cOlJtained. thc parties hcrcto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar ns it has the legal right, power and authority
to do so. and its present title penl1its. and subjcct to:
(A) Licensor's present and futurc right to occupy, possess and use its property
within the area of the Crossing for any and all purposcs;
(B) All encumbrances, conditions, covenants, easements. and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliancc by Licensec with the terms and conditions herein containcd;
does hereby license and penl1it Liccnsee to construct. maintain. repair, renew, operate. use, altcr or
changc said Pipeline at the Crossing above for thc tenl1 herein statcd, and to rcmove samc upon
tcrmination.
1.2 The term Pipeline, as used hercin, shall include only the pipes, ducts, casing, vents,
manholes, connectors, fixturcs, applianccs and ancillary facilitics devotcd exclusively to the
transmission usage above within the Crossing, and as shown on attached Application Fom1.
1.3 No additional pipeline or othcr facilities shall bc placcd, allowcd or maintaincd by
Licensee in, upon or along the Crossing except upon separate prior written conscnt of Liccnsor.
C SXT Form 2037(/ - Pagl.: 2
Rcvisl.:d r.lay 2002 n
Agrcl.:ml.:nt No. CSX-O-t-+933
2. ENCROACHMENT INVENTORY FEE:
2.1 In lil.:u of annual payments and in consideratillnllr Licmsor's waiver or future lee
incrcascs. Licensee shall pay Liccnsor a one-time nonrerundable Encroachmcnt In\'\:ntory Fce of
THREE HUNDRED AND 0011 00 U.S. DOLLARS ($300.00) upon cxecution or this Agrecml.:nt.
Licenscc agrees that thc Licensc Fec applil.:s only to thc original Liccnsce undcr this I\grl.:cment.
In the cvent or a succcssor (by merger, consolidation, reorganization andlor assignmcnt) or if the
original Liccnscc changes its namc, then L iccnsce shall bl.: subjcct to paymcnt of Liccnsor' s
currcnt administrativc and documcnt prcparation Iccs for thl.: cost incurred by Liccnsor in
preparing and maintaining this Agrecmcnt on a currcnt basis.
2.2 Howcvcr, Liccnscc assumcs sole rcsponsibility for. and shall pay dircctly (or
rcimburse Licensor). any additional annual taxcs an(Vor periodic asscssments Ievicd against
Liccnsor or Liccnsor's propcrty solely on account of said Pipelinc or Crossing.
2.3 This Agrcement shall be cffcctive upon the date first writtcn above. Liccnse shall
be revocable only, as hcrcin providcd, but shall also terminate upon (a) Liccnsce's cessation of use
of the Pipeline or Crossing for the purpose(s) above, (b) removal of the Pipeline, and/or
(c) subsequent mutual consent.
2.4 In further consideration for thc license or right hereby grantcd, Liccnsee hcreby
agrees that Liccnsor shall not be charged or assesscd. directly or indirectly, with any part of the
cost of the installation of said Pipelinc and appurtcnances, andlor maintcnance thcreof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, altcr, and/or rcmove said
Pipeline. in a prudcnt. workmanlike manner, using quality materials and complying with: any
applicable standard(s) or regulation(s) of Licensor (AR.E.M.A. Specifications) and Licensce's
particular industry, and/or any goven1mental or regulatory body having jurisdiction over the
Crossing or Pipeline.
3.2 Location and construction of Pipeline shall be made strictly in accordance with
design(s) and specifications furnishcd to and approved by Licensor, and ofmaterial(s) and sizc(s)
appropriatc for the purposc(s) above rccited,
3.3 All Liccnscc's work and cxcrcise of rights hercunder shall be undcrtakcn at time(s)
satisfactory to Liccnsor and so as to eliminate or minimize any impact on or interference with the
safe use and operation of Liccnsor's track(s).
CSXT Form 2037G - Pagl: 3
Rl:\'isl:u May 2002 Ll
Agrl:cment No. CSX-0.f.f933
3,4 In the installation. maintcnancl:, rcpair andlor removal orsaid Pipdinc. Liccnsee
shall not lIse explosi ves of any typc or pcrfonn or callsc any blasting without the scparatccxprcss
writtcn conSl:nt of Licensor. As a condition to such conscnt, a representativc will bc assigned by
Liccnsor to monitor blasting, and Liccnscc shall rcimbursc Liccnsor for the entirc cost and/or
cxpcnsc of furnishing said monitor,
3.5 Any repairs or maintcnancc to Pipelinc. whcthcr rcsulting from acts of Licenscc, or
natural or wcathcr cvents. which arc neccssary to protcct or facilitatc Licensor's use of its propcrty.
shall be made by Liccnscc promptly. but in no cvcnt latcr than thirty (30) days after Licensee has
noticc as to thc nced for such repairs or maintenancc.
3.6 Licensor, in order to protcct or safcguard its property. rail operations, cquipment
and/or cmployees li'Dln damage or injury, may requcst immediatc repair or rcnewal ofthc Pipelinc,
and if thc samc is not pcrfonncd, may make or contract to make such rcpairs or rcncwals. at the
solc risk. cost and expcnsc of Licensee,
3.7 Neithcr the failurc of Liccnsor to objcct to any work done, material uscd, or mcthod
of construction or maintcnancc of said Crossing, nor any approval givcn or supervision cxcrcised
by Licensor, shall bc construcd as an admission ofliability or rcsponsibility by Licensor. or as a
waiver by Liccnsor of any of the obligations. liability and/or rcsponsibility of Licensee undcr this
Agrecment.
3.8 Liccnscc hcrcby agrccs to rcimbursc Licensor any loss. cost or cxpcnsc (including
losses rcsulting from train delays and/or inability to meet train schedules) arising from any failurc
of Liccnsec to make repairs or conduct maintenancc as required by Section ],5 above or from
improper or incomplete rcpairs or maintcnance to Pipelinc,
.t. PERMITS, LICENSES:
4.1 Beforc any work hercunder is pcrlllrIned, or bcfore usc ofthc Crossing for thc
contractcd purpose, Liccnsee, at its sole cost and expense, shall obtain all neccssary pcnnit(s)
(including but not limited to zoning, building. construction, hcalth, safcty or environmental
. matters), letter(s} or cCI1ificate(s) of approval. Liccnsee exprcssly agrees and warrants that it shall
conform and limit its activitics to thc temlS of such permit(s), approval(s) and authorization(s), and
shall comply with all applicable ordinances, niles, regulations, rcquirements and laws of any
governmcntal authority (state, fedcral or local) having jurisdiction ovcr Licensce's activities.
including the location, contact, excavation and protcction rcgulations of the Occupational Safcty
and Health Act (OSHA) (20 CFR 1926.651 (b), ct al.), and State "One Call" - "Call Beforc You
Dig" requirements,
4.2 Licenscc assumcs sole rcsponsibility lor failure to obtain such pcrmit(s) or
approval(s), for any violations thcrcot: or lor costs or cxpenscs of compliance or rcmedy.
CSXT Form 2037G - Page ..\.
Revised May 2002 n
Agrccmcnt No. CSX-04..\.933
5. MARKING AND SUPPORT:
5.1 With respect to any subsurfacc installation or maintcnancc upon Liccnsor's
propcl1y, Liccnscc, at its sole cost and cxpcnsc. shall:
(A) SUppOl1 track(s) and roadbcd of Liccnsor, in a manncr salislilclory to
Liccnsor;
(8) 13acklill with satisfactory matcrial and thoroughly tamp all trcnches to
prcvcnt scttling of SUrlilCC of land and roadbcd of Licensor; and
(C) Eithcr rcmove any surplus earth or matcrial from Liccnsor's property or
cause said surplus carth or matcrial to bc placed and distributed at location(s) and in such manncr
as Licensor may approvc.
- I
),-
Allcr construction or maintenancc of Pipelinc, Licensee shall:
(1\) Rcstore said track(s), roadbed and other disturbed property of Licensor; and
(B) Erect. maintain and periodically vcrify the accuracy of aboveground
markers, in a form approved by Liccnsor. indieating the location. depth and owncrship of Pipeline
or related facilities.
5.3 Licensee shall remain responsible for any settlement ofthc track(s) or roadbed for a
period of one (I) year subsequent to completion of installation,
6. TRACK CHANGES:
6.1 In the evcnt that Licensor's rail operations and/or track maintcnancc result in
changes in grade or alignment of, additions to, or rclocation of Licensor's track(s) or other
facilities, or in the event future use by Liccnsor or right-or-way and property neccssitate any
change of location. height or depth of Pipeline or Crossing, Licensee, at its sole cost and cxpcnse
and within thirty (30) days after notice in writing from Liccnsor, shall makc changcs in Pipeline or
Crossing to accommodate Liccnsor's track(s) or operations.
6,2 I f Licensee fails to do so, Licensor may make or contract to makc such changes at
Licensee's cost.
7. )>IPE CHANGES:
7,1 Licensee shall periodically monitor and verify the depth or height of Pipeline and
Crossing in relation to Licensor's tracks and facilities. and shall relocate Pipeline or change
Crossing, at Licensee's expense. should such relocation or change be neccssary to comply with the
minimum c1carance requircments of this Agrecmcnt or of any public authority,
CSXT Form 203 7G - Page ~
Reviseu May 2002 {:1
Agreement No. CSX-044l)_;3
7.2 If Licensee undertakes to re\.isc, rene\\'. relocate or change all or any part ()f
Pipeline (including any change in circumference. diameter or radius of pipe or carrier pipe. change
in operating pressure. or change in materials transmitted in and through saiu pipe), or is r~quired by
any public agency or court orucr to do so, plans thercCor shall be submitted to l.icensor t,'r
approval before any such change is madc. Aftcr approval the terms and conditions ofthi~
Agrecment shall apply thereto.
8. INTERFERENCE \\"11'11 RAIL FACILITIES:
8.1 Although the Pipeline/Crossing herein permitted may not pres~ntly interfere with
Liccnsor's railroad operations or f~lcilities, in the event that thc operation, existcncc or maintenance
of saiu Pipeline, in thc sole juugment of Licensor, causes: (a) interfcrence (physical, magnetic or
otherwise) with Licensor's communication. signal or other wires, powerlines. train control system,
or f~lcilities: or (b) interference in any manner with the operation, maintenancc or use by Liccnsor
of its right-of-way, track(s), stnlctures, pole line(s). devices, other property. or any appurtenances
thereto; then and in either event, Licensee, upon receipt of written notice from Liccnsor of any
such interference, and at Licensec's sole risk. cost and expense, shall promptly takc such remedial
action or make such changes in its Pipeline as may be required in the reasonable judgment of
Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change. Licensor
may do so or contract to do so, at Licensee's sole cost.
8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor
hcrcby rcscrves the right to inspect same and to require Licensee to undertake neccssary rcpairs,
maintenance or adjustments to Pipeline, which Licensee hereby agrees to makc promptly. at
License~'s solc cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relativc risk and liabilities of the pm1ies, it is hcreby agrced that:
9.1 Liccnsee hcreby assumes, and, to thc fullcst cxtcnt pcrmitted by State law
(Constitutional or Statutory, as amended), shall dctend, indemnify, and hold Liccnsor ham1less
from and against any and all liability, loss, claim, suit, damage, charge or expense which Liccnsor
may suffcr, sustain, incur or in any way be subjected to, on account o I' death of or injury to any
pcrson whomsoever (including officers, agcnts. employees or invitces of Licensor), and for
damage to or loss of or destruction of any property whatsoevcr, arising out of: resulting from, or in
any way connectcd with the construction, prcsence, existencc, repair, maintcnance, replacement.
operations. use or rcmoval of Pipeline or any structure in connection thercwith, or rcstoration of
premises of Liccnsor to good order or condition alter removal, EXCEPT when caused solely by thc
\villfhlmisconduct or gross negligcnce of Licensor. HOWEVER, during any period of actual
construction, repair, maintenance, rcplacemcnt or removal of pipeline, whercin agcnts, cquipment
or personncl of Liccnsec arc on the railroad right-of-way, Liccnsce's liability hercunder shall be
ahsolute, irrcspective of any joint. sole or contributory f~ll1lt or ncgligcnce of Licensor.
CSXT Form 203 70 - Page 6
Revised May ~002 0
Agreemcnt No. CSX-044933
9.2 Usc of Licensor's right-of-way in\'oh'cs certain risks of loss or damage as a rcsult of
Licensor's rail operations. Notwithstanding Section 9.1. Licensce cxprcssly assumcs all risk of loss
and damagc to Licensec's Propcrty or Pipdinc in, on. over or under the Occupancy, including loss
of or any intcrlcrcnce with usc thcrcof. regardless of cause, induding electrical ticld creation. tirc
or derailmcnt arising out of Licensor's rail operations. For this Section, thc tcnll "Liccnscc's
Propcrty" shall includc pipe contcnts as well as propcrty of third parties situatcd or placcd upon
Licensor's right-of-way by Liccnsee or by such third parties at requcst of or for benefit of Licensec.
9.3 To thc extcnt permitted by State law, as above, Licensee assumes all responsibility
for. and agrces to defend, indcmnify and hold Liccnsor harmlcss from: (a) all claims, costs and
expcnses, including n:asonahle attorneys' Ices, as a conscqucncc of any suddcn or nonsudden
pollution of air, watcr, land and/or ground water on or off the Crossing arca, arising from or in
conncction with the usc of this Crossing or resulting from leaking. bursting, spilling, or any cscapc
ofthc matcrial transmitted in or through said Pipclinc: (b) any claim or liability arising undcr
fcderal or state law dcaling with cithcr such suddcn or nonsuddcn pollution of air, watcr, land
andlor ground watcr arising thercfrom or the remedy thcrcof; and (c) any subsidcncc or failure of
lateral or subjacent support of Licensor's tracks arising from such Pipelinc Icakagc,
9.4 Obligations of Liccnsec hereunder to defend, indemnify and hold Liccnsor
harmless shall also extend to companies and othcr Icgal cntitics that control. are controllcd by,
subsidiarics of, or are affiliatcd with Liccnsor, and their rcspcctivc ofticers, agcnts and employees.
9.5 Ifa claim is made or action is brought against cithcr party. for which the othcr party
may be responsible hercundcr, in whole or in part, suchothcr party shall bc notiticd and pcrmitted
to participate in the handling or defensc of such claim or action,
10. INSURANCE:
10.1 Prior to commcnccment of surveys, construction or occupation of Crossing
pursuant to this Agrccmcnt, Liccnsce shall procure, and shall maintain during the continuancc of
this Agrecmcnt. at Licensce's solc cost and expcnsc, a policy ofCommcrcial General Liability
Insurance (CGL), naming Liccnsor as additional insured and covcring liability assumcd by
Licensec undcr this Agrccmcnt. A coveragc limit of not less than THREE MILLION AND OO/IOO
U.S. DOLLARS ($3,000,000.00) Combined Singlc Limit pel' occurrence for bodily injury liability
and propcrty damage liability is currently rcquircd as a pnldcnt minimum to protect Licensce's
assumcd ohligations. Thc evidcnce ofinsurancc covcrage shall be endorscd to provide for thirty
(30) days' noticc to Licensor prior to canccllation or moditication of any policy. Mail CGL
ccrtificate, along with agrecmcnt, to CSX Transportation. lnc" Speed Code J I XO, 500 Water Strect.
Jacksonvillc, FL 32202. On cach successive year, scnd certificate to Speed Code .1907 at thc
address Iistcd abovc.
CSXT Form 2037Ci .. Page 7
Rcvised )\'lay 2002 0
Agreemcnt No. CSX-044933
10.2 I r said CG L pol icy docs not automatically covcr Liccnscc's contractual liability
during pcriods of survcy, construction, maintcnancc and continucd occupation, a spccific
cndorscment adding such coverage shall bc purchased by Licenscc. I f said CG L policy is written
on a "claims made" basis instead of a "pcr occurrcnce" basis. Licensce shall arrange for adcquatc
time for rcporting losscs. Failure to do so shall be at Liccnsce's sole risk,
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensec, pursuant to
State Statutc(s), may sclf-insun.: or self-assume, in any amount(s). any contractcd liability arising
under this Agreemcnt. under a funded program ofself-insurancc, which fund will rcspond to
liability of Licensee imposcd by and in accordance with the procedurcs estab'ished by law.
10.4 Sccuring such insurance shall not limit Liccnsec's liability undcr this Agrcement,
but shall bc additional security thcrefor,
10.5 Specifically to cover construction and/or demolition activitics within lifty feet (50') of
any opcratcd railroad track(s) or affccting any railroad bridge, trestle, tunnel. track(s). roadbed,
ovcrpass or underpass. Licensec shall pay to Liccnsor thc sum of SEVEN HUNDRED FIFTY AND
00/100 U.S. DOLLARS ($750.00), to covcr the cost of adding this Crossing to Licensor's Railroad
Protcctive Liability (RPL) Policy 1'01' the period of actual construction.
1 t. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construcd to pcnnit Liccnsce, or any contractor
of Liccnsee, to move any vehicles or cquipmcnt ovcr track(s) of Liccnsor, except at public road
crossing(s), without scparate prior writtcn approval of Liccnsor (CSXT Form 7422).
11.2 If Liccnsor dcems it advisable, during the progrcss of any construction,
maintenancc, repair, renewal, alteration, changc or removal of said Pipelinc, to place watchmen,
Oagmcn, inspectors or supervisors at the Crossing for protcction of opcrations of Liccnsor or othcrs
on Licensor's right-of-way, and to kcep pcrsons, equipmcnt and matcrials away from Liccnsor's
track(s), Liccnsor shall have the right to do so at the cxpcnse of Liccnsec, but Licensor shall not bc
liable 1'01' failure to do so,
11.3 Subjcct to Licensor's consent ami to Liccnsor's Railroad Operating Rules and
e;.:isting labor agrecments, Licensee may provide such flagmcn, watchmen, inspectors or
supcrvisors. during all times of construction. repair, maintenance. rcplaccment or rcmoval. at
Licenscc's sole risk and expcnse; and in such event, Liccnsor shall not be liablc It)r the l~lilure or
neglcct of such watchmen. flagmen. inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or altcmativc costs or expenses ineurrcd by Liccnsor to
accommodatc Liccnsee's continued use of Licensor's property as a result or track changcs or pipe
changcs shall also be paid by Licensee.
CSXT Fonn 2037G - Page S
Reviscd .\la)' 2002 1..1
:\grccmcnt No. CSX-O-t4933
12,2 Liccnsor's cxpcnse for wagcs ("force account" work) and matcrials for any work
pcrformcd at thc cxpcnsc of Liccnsce pursuant hcrcto shall bc paid by Liccnsce within thirty (30)
days attcr rcccipt of Liccnsor's bill thcrcfor, subject to Licensec's budgetary rulcs.
12.3 Such expcnse shall includc, but not be limitcd to, cost of railroad labor and
supcrvision undcr "lorcc account" rulcs, plus current applicablc ovcrhead pcrcentagcs, thc actual
cost of materials, and insurancc, li'eight and hanuling charges on allmatcrials used. Equipmcnt
rentals shall be in accordancc with Licensor's applicable fixed rate(s).
12.4 I I' any amount duc pursuant to the tcrms of this Agrcement is not paid by thc due
date, it will be subject to Licensor's standard latc chargc and will also accrue intcrcst at cightecn
pcrcent (I 8%) per annum, unless limited by local law, and thcn at the highcst ratc so permitted.
13. DEFAULT, BREACH, \V AIVER:
13,1 The propcr and completc perli.)rt1wnce of each covcnant of this Agrecment shall bc
dccmed of the csscnce thcrcof. and in the event Licensee fails or refuses to fiilly and completely
perfonn any of said covenants or rcmcdy any brcach within thirty (30) days aftcr rcceiving written
notice from Licensor to do so (or within forty-eight (48) hours in thc evcnt of notice of a railroad
emergcncy), Licensor shall havc the option of immediately rcvoking this Agreement and the
privileges and powcrs hereby conferrcd, rcgardless of encroachment invcntory fee(s) having becn
paid in advance for any annual or other pcriod. Upon such rcvocation, Licensee shall make removal
in accordance with Article 14.
13.2 No waiver by Liccnsor of its rights as to any breach of covcnant or condition hcrcin
contained shall be constmed as a permancnt waivcr of such covenant or condition, or any
subscquent brcach thercof. unless such covenant or condition is pennanently waived in writing by
Licensor.
14. TEI~\1INATION, REMOVAL:
14.1 All rights which Licensee may havc hereunder shall ccase upon the date of:
(a) revocation, (b) tcrmination, (c) subsequent agrccment, or (d) Licensee's removal of Pipelinc
from the Crossing. Howcver, ncithcr revocation nor tcnnination of this Agreemcnt shall affcct any
claims and liabilities which may have ariscn or accmed hcreunder, and which at the time of
tcrmination or rcvocation have not bcen satisficd: neither party, howcver, waiving any third party
defenses or actions.
14.2 Within thiliy (30) days after rcvocation or temlination, Licensee, at its sole risk and
expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto
agree otherwise, (b) restore propcrty of Licensor in a manner satisfactory to Licensor, and (c)
reimburse Liccnsor any loss, cost or cxpense of Licensor resulting from such removal.
CSXT Form 2037G - Page 9
Revised May 2002 0
Agreement No, CSX-044933
15. NOTICE:
15.1 Liccnsec shall give Licensor's Chief Regional Engineer (Florida Business Unit, 5656
:\damo Drive. Tampa. FL 33619-3240) at lea~t live (5) days written notice before doing ~ work
on Licensor's right-of-way. cxccpt that in cast?s of emergency shorter notice may be given to said
Chief Regional Engineer.
15.2 All other notices and communications concerning this Agreement shall be addressed
to Licensee at the address above, and to Licensor at the address sl1lmTI on Page 1. c/o CSXT
Contract Administration, J 180: or at such other address as either party may designate in writing to
the other,
15.3 Unlcss otherwise expressly stated herein, all such notices shall be in writing and sent
via Certilied or Registcred Mail. Rcturn Receipt Requested. or by courier. and shall be considercd
ctTective upon: (a) actual receipt, or (b) datc of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred arc the privileges of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said conscnt
shall not be unreasonably withheld.
16.2 Subject to Sections 2,U1d 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hcreto and their respective successors or assigns.
16.3 Licensec shall give Licensor \\Titten notice of any legal succession (by merger,
consolidation, reorganization, etc,) or other change of legal existence or status of Licensee, with a
copy of all documents attesting to such change or legal succcssion, within thirty (30) days thereoC
16A Liccnsor expressly rcserves the right to assign this Agreement, in whole or in part, to
any grantee or vendee of Licensor's underlying. property interests in the Crossing, upon writtcn
notice thereof to Licensee.
16.5 I n the event of any unauthorized sale, transfer. assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agrecment by giving Licensee or any such assignee written notice of such
revocation: and Licensee shall reimburse Liccnsor IlH an)' loss, cost or expcnse Licensor may incur
as a result of Liccnsee's failure to obtain said consent.
16.6 In the event of sale or other conveyance by Liccnsur of its RighL-uf- Way, across,
undcr or ovcr, which the Crossing is constructcd, Licensor's convcyance shall bc made subjcct to
thc rig.ht of Licensee to continue to occupy thc Crossing on the spccific segment of Right-of- Way,
and ll) operate, maintain, repair, rcnew thcreon and to remove thereli'ol11 the lllcilitics of Licensee,
subject to all othcr tcrms of this ^grcement.
CSXT Form 2037G .. Page 10
Revised ~'lay 2002 0
:\grccmcl1t No. CSX-044933
17. TITLE; LI ENS, ENCUMBRANCES:
17.1 Licenscc undcrstands that Licensor occupics. uscs and posscsses lands, rights-of-
way and rail corridors under all forms and qualitics of ownCl"ship rights or facts, from full fee
simple absolutc to bare occupation, Accordingly, nothing in this Agreemcnt shall act as or be
decmed to act as any warranty, guaranty or rcprescntation of the quality of Licensor's titlc for
any particular Right-of-Way in the Crossing occupicd, used or cnjoyed in any manncr by
Licensee under any rights crcated in this Agrcement. It is exprcssly undcrstood that Licensor
docs not warrant title to any Right-of-Way in the Crossing, and Liccnsec will acccpt the grants
and privilegcs contained herein, subject to all lawful outstanding cxisting liens, mortgages and
supcrior rights in and to thc Right-of- Way. and alllcascs. liccnscs and casemcnts or othcr
intercsts prcviously grantcd to others hercin.
17,2 The tcrm "license." as used hcrcin, shall mean with regard to any portion of the
Right-of.. Way which is owned by Licensor in fee simple absolute, or whcrc thc applicablc law of
thc Statc wherc thc Crossing is locatcd othcrwise permits Licensor to makc such grants to
Licensec, a "permission to use" the Right-of-\Vay, with dominion and control over such portion
of the Right-of-Way rcmaining with Liccnsor. and no intercst in or cxclusive right to posscss
being othcrwise grantcd to Liecnsee. With rcgard to any other portion of Right-of- Way
oecupicd, used or controlled by Licensor under any other facts or rights, Liccnsor merely waives
its exclusive right to occupy the Right-of-Way and grants no othcr rights whatsocvcr under this
Agreement. such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hcreundcr provides
Licensee with all of the rights necessary to occupy any portion of the Right-of- Way. Licensec
further acknowledges that it does not have the right to occupy any portion of the Right-of-Way
held by Licensor in Icss than fee simple absolute without also recciving thc consent of the
owner(s) of the fcc simple absolutt: estatc, Further, Liecnsee shall not obtain, cxercise or claim
any intcrest in the Right-of-Way that would impair Licensor's existing rights therein.
17,3 Liccnsee agrees it shall not have nor shall it make, and hercby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencics in title to the Right-of-Way in the event of failure or insufficiency of Liccnsor's title to
any portion thcrcof arising from Licensee's use or occupancy thcrcoC
17.4 Liccnsee agrees to full and completely indcmnify and defcnd all claims or litigation
for slandcr of titlc, ovcrburden of eascment, or similar claims arising out of or bascd upon
Liccnsee's facilities placement, or the prescncc of Licensee's facilitics in. on, or along thc Crossing,
including claims for punitive or special damages.
17.5 Licensee shall not at any timc own, or claim any right. title or intcrest in or to
Licensor's propcrty occupied by the Crossings, nor shall thc exercise of this Agrccment for any
length oftimc give risc to any right title or intcrest in Liccnse, to said property other than thc
license hercin created,
CS~T Form 203 7G - Pagc 11
Rc\'ised May 2002 0
Agreement No. CSX-044933
18. GENERAL PROVISIONS:
1 S.l This Agreement, and the attached specitlcations. contains the entire understanding
between the parties hcreto,
18.2 Ncither this Agreement, any provision hereof: nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person,
18.3 Neither the fonn of this Agreemcnt, nor any language herein. shall be interpreted or
construed in favor of or against either party hereto as the sole drafter thereof:
18.4 This Agreement is exccuted undcr current interpretation of applicablc Federal, State,
County, Municipal or other local statute, ordinancc or law(s). Ilowcver, each separate division
(paragraph. clause, item, teml, condition, covenant or agrccment) hercin shall have indcpendcnt and
severablc status for the detemlination oflcgality, so that if any separate division is dctcnnined to be
void or uncnforceable for any reason, such detennination shall have no effect upon the validity or
enforceability of each other separate division, or any combination thereof.
18,5 This Agreement shall be construed and governed by the laws of the state in which
the Pipelinc and Crossing are located.
19. RIDERS:
Thc following Rider(s) islare herewith attached and included herein:
[ X ] Telecommunication Cable or Fibcr Optic line
CSXT Fonn 2037G - Page 12
Revised i\lay 2002 0
Agreement No. CSX-044933
IN \VITNESS \VHEREOF, the parties hcreto have executcd this Agreemcnt in duplicate
(each of which shall constitute an original) as of the datc and ycar first abovc written.
\Vitness for Licensor:
CSX TRANSPORTATION, INC.
By:
Print/Type Name:
Print/Type Title:
\Vitness for Licensee:
CITY OF CLEARWATER PUBLIC
UTILITIES DEPARTMENT
By:
Countersigned:
Who, by the execution hereof, affirms that hc/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
Brian J. Aungst
Mayor-Commissioner
Print/Type Name: William B. Horne II
Print/Type Title: City Hanager
Approved as to form:
'j) ^ /) 1'/
/<)/ '/..'-.:; I /,) 1\./. t.-~--
I}J;ya"r'D. Rutt./ -, 1/
--Ass~stant City Attorne
Tax Identification Number:
Authority under Ordinance or
Resolution No. 03-19
dated
ATTEST:
Cynthia E. Goudeau
City Clerk
CO:\Ii\Il'~IC.-\TIO;\S CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No constnlctinn of any type pursuant or related in any way to this :\greement shall
be commenced by Liccnsee. or by any agent. reprcscntativc, contractor, subcontractor of Liccnsee,
without Licenscc first gi\'ing at Icast thirty (30) days writtcn noticc to the following Parallel Cable
Occupicr(s):
("MCI")
ivlr.l3ryan Tooley
tvlCI Tclccommunications Corporation
2250 Lakeside Bini
Dcpt ~2855 Location 642
Richardson, TX 75082
Phonc No. (800) 624-9675
or (972) 656-5159
(NOTE: WRITTEN CONSENT OF MCI IS ALSO
REQUIRED)
2. The notice shall bc accompanicd by drawing(s) showing thc general plan, e1cvation,
dctails and mcthods of Licensce's proposcd construction, ami the location of Occupier(s)' cablc or
facilitics in rclation to Liccnsec's proposcd constnlction.
3. Prior to any construction, Liccnsec must locatc and idcntify, any cxisting cable,
wirc or fiber optic line (including any appurtenanccs thcreto) of said cable occupicr(s) traversing or
located in. on. or immediately adjacent to the proposed Crossing, at Licenscc's solc risk.
4. Any changes, alteration, rclocation or protcction ofwin.:(s), cabh.:(s) or facilitics of
such Occupier(s), required by said Occupier(s), shall be at Liccnsee's sole expcnsc except as
otherwise negotiated bctwecn Licenscc and said Occupier(s).
5. Licensee shall bc soldy rcsponsiblc and liable for any damage to (c.g., cutting.
dislocating. etc.) said wire(s) or cable(s), and appurtenances thercto. rcsulting in any way from
Liccnsee's exercise of rights or pri vi leges under this Agrccment.
6. Liccnscc shall defcnd, indcmnify and hold Liccnsor harmless Ii'om any such
damage claims and any relocation or protcetion costs of said Occupier(s),
CSX TRANSPORTATION, INC.
Licensor:
(Initial)
(Date)
CITY OF CLEAR'" A TER PUHLIC
UTILITIES IlEPARTMENT
Liccnsec:
(Initial)
(Date)
PLEASE SIGN BEFORE COMPLETING:
Agreement No.:
FOR.;\f CSXT 7455 - R~\'. 11/01/02 (1'Jgc I of2)
csx
TR...lU't"SPOP.TftJ10N
APPLlCA TIO~ FOR PIPELINE
CROSSING OR PARALLE:LING PROPERTIES A~D TRL\CK
Submit one original and one copy of both the application and drawing along with a $650.00 nonrcfulld~lhlc
Application Fee to CSX Transportation, Property Sef\'jces ]]80, 500 Water Street. Jacksonville. FL 32202.
Application and plans must be approved and written a'Jtbo:ity received from the Railroad before construction is begun.
Your proposal and construction must be in accordance with CSXT's Specifications, the A.merican Railway
Engineering and lvlaintcnance-of. Way Association (ARE?\tA.) and any current governing laws or regulations. Note:
Specifications furnished in the Application Package are to bc used as a bruideline only. CSXT reserves the right to
approve or declille any application.
I affirm the information I am furnishing in this application will comply with the current ARElvLA. Standards, governing
laws or regulations, and accurately reflects the prop sed construction plans:
Signature: ~ I\I'W/v// ...sf( ~M- Application Date: G -, 7-0.3
\project Owner Information:\ IX Check here if agreement should be mailed to this address
1. Complete LeQal Name of applicant as it would aooear in a lCl!al document (inaccurate information will dclav
your request):
City of Clearv.ater Public Utilities Deoartment
2. Company Contact Name: Michael D. Quillen, P.E.
Title: City Engineer
3. Telephone: (JJ[!J 562-4960 Fax: ~ 562-4755 E-Mail:mquillen@clearwater-fl.com
4. Street Address: 100 S. Myrtle A venue City: Clearwater State: FL Zip: 33756
5. Type of business:
o Corporation (State of incorporation )
o Partnership (Type and State of Partnership )
o Individual 0 Developer lX Municipality 0 Other
!gngineer/Consultant Information:1 0 Check here if agreement should be mailed to this address
6. Company Name: McKim & Creed. P. A .
7. Company Contact Name:Norman J. Scally Title: Project Engineer
8. Telephone: 0l.2:J) 442-7196 Fa.x: C1ZJ) 461-3827 E-Mail: nscally@mckimcreed .com
9. Street Address: 601 Cleveland Street #205 City: Clearwater State: FL Zip: 33755
[!>roject Infonnation:1 (Note: ft-[etric Information will NOT be accepted.)
10, Is this installation: Xl New 0 Revision to existing 0 Attachment to existing 0 Upgrade to existing
11, Ifnot a new installation, furnish existing Agreement Number: N I A
12. If this installation is to be a supplement to your master (general) agreement, furnish:
Agreement Numher: N I A Date: N I A
I 3. Your Reference Number: N I A
14, Work to be performed by:
o Applicant's employees
Xl Contractor
15, TO\\11 Location:
Is Applicant an Aegis member? 0 Yes
Contractor Name: To be selected by City
Clearwater County: Pinellas StatelPro\'ince:
o No
FL
(Fo::n continued on Page 2)
; :p__'.._.l_':.,~-~:o.., ,-"..,...;.\
~ .;.O.l_ovl ~L1.....1~~.\..iJ '-......J.1.~ :........
FOL\! C 3:':T "7'::5:; - ?~\'. j 1 "01 ie.:; i?:;~:: 2 of 2)
I 16.
,
I
i 17.
I 18.
,
,
( 19,
I
i
I
I '0
I' ~ .
.;.1.
, 22.
Rec1aimE:d Water
Flamrmble: ':::: Y~5 :s No
Product to be Conveyed:
Temperature: 75 deg F
Maximum \Vo:-king P:-essure: ~ no !':::;; Field Test Pressure: UfLpr::i Type Test: h vdrostp.:ic
Location of Shut-Off Valves: 600' W. of centerline of tracksJ 335' E. of centerlinfl of tT'R~k
~umber: C l'vlanholes N I A c: Other (describe) }.: I A
La be located within Railroad co:7idor. Manholes shall be flush ,,'ith top of ground and dimensions
of ancillary strucrures are required on drawing.
Distance from manholes/other to nearest ::rack: N / A
A.ngle ofCrossmg: 90 deg Nunher of Tracks to be crossed: one
PIPE SPECIFICATIONS: CARRIER PIPE: CASL~G PIPE:
Material Ductile Iron Steel
Material Specifications & Grade :\ N S II A WW A C 151/ A 21. 51 AS T ;\'1 A 139 Grade B
Minimum Yield Strength ofM:nerial PSI 42,000 35 1000
Inside Diameter 16.80 inches 29.188 inchps
Wall Thickness 0.30 inch 0.406 inch
Outside Diameter 17.40 inches 30 inches
Type of Seam Straigh t Straight
Kind ofJoints Mechanically Restrained Butt Weld
Total Length Within Railroad R/W 50 feet 50 feet
Tunneling (Liner Plates) N I A Note: Attach manufacturer's shop detail and computations that
include plate thickness and gage.
Height above ground N / A
23.
24.
7~
-).
26,
27.
Vents: Number N I A Size N / A
Seals: 0 One End (X Both Ends
BUi")' depth: Base of rail to top of casing: 6 feet 5
, Not beneath tracks: 6 feet 4 inches
(Below ditches) N I A feet, N I A inches
Catbodic Protection: 0 Yes ~ No Protective Coating: ~ Yes (Kind) Hot Coal Tar EnamelO No
Method of installation: Bore and tTack
Temporary track support or riprapping required? 0 Yes rx No (Describe and Detail on Drawing)
Wires, poles, obstructions to be relocated? 0 Yes ~ No (Describe and Detail on Drawing)
Is this botb a Crossing and Parallelism? 0 Yes ~ No
Crossing location: 2,380 feet South (direction) from Railroad Milepost: 875
If known: Valuation Station: N I A Valuation Map Number: N I A
If known: LatitudelLongitude: N / A
Ifknown: Street Address ofCrossingH'XI:XUe~: Jeffords St. and CSX ROW.
Parallelism location: Beginning: N / A feet N I A (direction) from RR Milepost: N I A
and Ending: N I A feet N I A (direction) from RR Milepost: N / A
Total length on Railroad R/V.,r: 50 ft Length Crossing: 60 feet Length Paralleling: N I A
\Villline be entirely within a public road RJW? ~ Yes 0 No DOT/AAR Crossing No,: 626-796-F
.* If you answered yes, road name, number, and width of public right-of-way are required on drawing
a) Will this occupancy connect to an existing facility within Railroad corridor? 0 Yes ~ No
b) If Yes, name facility owner(s): N I A
inches
28.
29.
30.
31.
!R'ailroad Use Only:]
Division j': : i ~,' .: I.
Absolute No.: ;./ ::: ,/~ - /
Valuation Station: I ell q.f :.::. '
..~, .... ~ . r_ .j .
11v1i1epost: ~ I ''I . ~',;-. '1-: .
I
I
L!~y.,:dma5ter 1":0.:
Subdivision (, k::d e.r~; '11;'.(1'..:,
Valuation Section/Map No.:
No. ofCrossiDf!s: I
f '/"'/"" 'i / ! .'";.. "'1
\' I" '; ii..1 . - \, ','" ,:'
CO~tT. Type:
E:)~r?
DR...WlAGE MANHOL::
RIM EL = 37 aD
:NV i2"Xie" RCP 1::\ =35,.17
,NV s" rvc (W) -,25.38
_____ 3' HEDGE
. Uh'X a.USi. 3. -S.
o
..- DRAINAGE '.IANHOLE
I RIM EL = 35.i3
I INV 24" ~CP (N) ::::34.54
INV 12";'CE: RCP (S) =3:'.95
INV 12.:<~3" RCP (W) =3':.57
CPA \J,.
I
r-- DRAlt~AG~ MANHOLE
" RIM EL = 37.84
! INV 5" PVC (El ::::34. i 2
TOP 8" C:P WATER 1I:\:: (E&W) = 34. 53
INV 2':"X.33" RCP (5) =32.60
V,llEO
CM,IERt.. ;JOL.E
R.A,ILROAD\
CROSSING
CONTROL 'V
SOX 0
cmlC VAULT WiiH
r ME7;'.L .~D (LOCKED)
/
Lx
o
x
/
--- I I I 1~
~ _. - J. _ I -C.- -<Q)
"~~"~;Y~(Q0-'---'" ."'. 'L -. ---';- .. -,.,. .
JEFF6RDS SfR'EU -~ - - - - - - - -ll i'-
129+00 ~
- - - - - - - - - - - - - - - - - - 'N- -8"SS- - - - - - - -
--;- 30' II .
_ ....;t'~!.~ ~___
..!.4 - -6"W 3:
~' ~
-: 1 ~ 130+00 0:::
- ;<D) - - - s - - - - - - -.-
i~o' 0
" I.{)
CE & ME1ER BOX
- "''ol'''1~i''---- ~.;
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Cl
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,.. )Q}f - -=-::: ~_':!'~"SP,' :::1-}- - ;ic=Jl.R~ ~,';
RR XING SIGNAL l f ~ I GAIT AR
_4/0"r.:::'A~E JN~T .} /--Tr-----
TOP El :::: 37.70 .
INV 12.X18" RCP (N) =35.17
INV 12.X1B" RCP (S) =35.01
INV 12'X18" RCP (W) =35.35
BORE AND JACK
60 LF. OF 30. STEEL CASING
~ II ASPHALT
DRIVi:
DRAINAGE INLET
TOP EL = 37.74
; S?HALT INV 24"X3B" RCP (~n =33.39
AVEMENT INY 24"X3B" RCP (5) =33.63
DRAINAGE ~W~HOLE
RIM EL = 37.85
INY 24X3S"ERCP (N) =32,65
.. . iNil 24xj8~1:RCP-TSr-';32:E
I N
I
1
o 20'
~
SCALE: 1 "=20'
OAT(;
loIct~.
ORAIo\'l
OESClfED
()l[O<ED
PROJ. WCIt.
12/31/02
OQQ~
JlO
KJS
NJS
EAII
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'- . I
_ (~.' b{t, I ~.' i .Lr
. ,) (I ,,) ,'"
II (., I. ,/1. .; .:.
- ~ ~ . \ ~. I '
HARBOR OAKS
RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION SYSTEM
BORE AND JACK
JEFFORDS ST. & CSX RR
PLAN
FIGURE 1
e,o'r. Clll~ond Street. SuIte 205
c:.v.r<oattll', f'l 33755
P~r.>r"t: (721104-<4z-n96.
r ~'r.. (1~1).a\ -3827
~..w".r.rr.:'''~ [BOOO88D1
."."'.. .."d.n.Ct.ed.com
I .
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Ol
S!
en
- I
38 I CSX RAILROAD 38
- -
-t- - ---{J1}- - - -
- - - -
_I
36 ^ 12";0:18' SO 36
v UCT -
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Phone: (727)4-42-7196, "1 -9 BORE AND JACK PROJ. IlCR. EAIl
rOle (727)461-J827 : t . .~ -' '- . JEFFORDS ST. & CSX RR
MOOO2117 IBOOOIlItI PROFILE FIGURE 2
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CARRIER PIPE CRCW)
SPACERS REQUIRED
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CARRIER
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CASING/
CARRIER CASING WALL
THICKNESS
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6"
8"
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12"
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CSX PIPELINE CROSSING DETAIL
ENDS OF CASING TO BE
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Clearwater, Fl 33755
Phane: (727)442-7196,
rox: (727)<461-3827
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FIGURE 5
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CITY OF CLEA.RWATER
.~4{ ". ',....... ,: :_; l,
, '
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. ',,/' ( r .\.~ I I
POST OFFICE Box :i7,iR, CLf_\R\\'ATER, FIORIll,\ 337':;H,'i7.jt-i
,\ I t ':\IClI':\1. SERVICES 1lI'IUW';<I, 100 SnliH ~ IYHTI.E A \'1'\\'1', CI.EAH\\':\TEH, FI r JHI! 1,\ ,15 -"()
TEI.EI'II():\E (-27) S62-'I',,:;n F.\X (-27) S<12-.j(1:;C)
FI~; \,'.;([ DEI',>,RT,\IEC:T
I\I~r: ~L\:;.-\(jE~IE:;T Dl\'I~tr 1:\
Oetobcr 30,2002
CSX Transportation
500 \Vater St.
Jacksonville, FL 32202
Please accept this letter as certification the City of Clearwater is insured (or self-insured) for insurance coverage
as shown below. The Clearwater Gas System is a Department of the City of Clearwater. The City has been
approved by the State of Florida as a self-insured municipal government. The statc audit number for the city as
a self-insured Florida municipality is 9173. This certification is issued as a matter of information only, and
confers no rights upon the holder. The City's major insurance coverages and limits arc as follows:
1. Auto Liability, General Liability, Police Professional Liability, and Public Officials Liabilit)': Self-
Insured Level: $100,000 per Person/$200,000 per Occurrence self-insured retention with statutory limits per
Section 768,28 Florida Statutes, Excess Insurance: $7,000,000 (No Aggregate) with Thc North River
Insurance Company with self-insured retention of $500,000 for the policy period 10101/02-10/1/03.
2. 'Vorkers' Compensation: Statutory coverage per Occurrence with self-insured retention of $500,000
Excess Insurance via The North River Insurance Company for the policy period 10/01/02-10101/03.
3. Buildings, Contents, and Personal Property: $240,669,170 less $500,000 self-insured retention per
occurrence for the policy period 10/01/02-10/1/03, Coverage is 90 percent ofTIV.
4. Emergency Medical Services (EMS) specific coverage as follows:
· EMS Medical, Professional Liability, and Commercial General Liabilit)': $1,000,000 per Occurrence
Iimit/$I,OOO,OOO Aggregate with certain Underwriters at Lloyd's of London subjcct to a deductible of
$5,000 each claim, for the policy period 1 % 1/02-1 % 1/03.
. EMS Commercial Automobile Liability: $500,000 per occurrcnce Combined Single Limit with Royal
Indemnity Insurance Company for the pol icy period 1010 I /02-1 % 1103.
. EMS Umbrella Liability: $1,000,000 per Occurrence limit in cxcess of the Total Underlying Limits of
EMS coverage shown in (4) above with Clarcndon Insurancc Company for the policy pcriod 10101/02-
10/0 1/03.
Sincerely,
~VY./kh
/'Shnron G. Walton, ARM-P
Risk r-.'Ianagcr
B~I \~ J ..\1 ';", I, ;\\.\\lIH'(" ",\\I\S\1l .~f-;:
\X'IIIl'.I1'(;f1.\Y, \'111 ,\I.\YI>H'(~I'>,I\IISSIl'.';H: II. ','j 11.\,\tWIl'\;, (',)>.I\I\S'1l1SIR
FH \';~, 111I1!l\HIl. (:, )\1\\:"10";1 Ii * Hili .II IS'l1~., C' '>,\\\1'\11 .~;I'~
"l:r,lI',,\1. E.\II'lrlY~II''.;l \';11 :\n:l\t\\\T1';F :\('1\1\:'; FI,'j'lllYI'H"
Final Agenda Item #
f//r 1'-/
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,~ y
Clearwater City
Commission
Agenda Cover
Memorandum
Work session Item #:
Meeting Date:
4/3/03
SUBJECT/RECOMM EN DATION:
Adopt Resolution 03-20 accepting Florida Department of Transportation (FOOT) Supplemental
Agreement #5, increasing funding by $135,000.00 in an existing Joint Participation Agreement (JPA)
at Clearwater Airpark.
00 and that the appropriate officials be authorized to execute same
SUMMARY:
The FOOT has agreed to increase funding by $135,000.00 in the existing JPA for the design and
construction of two - ten plane T -hangars, one corporate hangar, the completion of the stonn water
management plan, additional security fencing and the emergency soil mitigation and fuel tank
replacement at Clearwater Airpark.
The FOOT will fund $100,000.00 of the additional $135,000.00, and the City will fund $35,000.00. The
total funding provided by the FOOT for this JPA will now be $1,218,800.00 or 80% of the total project.
The City's 20% contribution for the project now totals $299,700.00.
The $35,000.00 will be taken from funds that remained in the project for future improvements after the
FOOT increased their percentages in previous supplemental agreements.
A copy of Supplemental Joint Participation Agreement Number 5 is available for review in Official
Records and Legislative Services.
Risk Mgmt N/A
Originating Dept Costs
N/A Marine and Aviation (Bill Morris) Total
N/A User Dept.
arine and Aviation Current FY
Funding Source:
CI
Reviewed by:..
Legal <: 13iJi.~. Info Srvc
Budget . -\'- Public Works
Purchasing \.N/A
1, Resolution 03-20
o
p
Other
Other
Attachments
Slbnitted by: 12. ~~, .JJ
City Manager ~ ~~~
Printed on recycled paper
o None
riation Code:
Rev. 2/9B
(~'. ;Lc1
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II It) ~
Financial Project No.:
40300619401
(Ilem.segment- phase-scqucrlce)
STATE OF nORIOA DEPARTMENT OF TR';NSPORTAT'ON
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 5
Fund: 010
n5.()3~.Oi
PUALlC T HANSPORT A TIOII
07,0:12
Page' of 5
Function: 637
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55072020728
Vendor No.: F596000289002
Contract No.: AI076
Federal No.:
Catalog of Federal Domestic Assistance Number:
Catalog of State Financial Assistance Number: 55004
THIS AGREEMENT. made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an agency of the State of Florida,
hereinafter referred to as the Depaltment, and City of Clearwater
P.O. Box 4748. Clearwater, FL 34618-4748
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 21st
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
day of June
2000
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $1,218,800.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
This Supplemental Agreement does not amend the project description.
Exhibit "A"
2.00 Project Cost:
Paragraph 3,00 of said Agreement is increased by $
bringing the revised total cost of the project to S 1,518,500.00
Paragraph 4.00 of said Agreement is increased by $
bringing the Department's revised total cost of the project to $
3.00 Amended Exhibits:
725-030.07
PUBLIC TRA'IS"ORTATION
07/02
Page 2 or 5
135,000.00
100,000,00
1 ,218,800.00
Exhibit(s) B of said Agreement is amended by Attachment "A",
4.00 Contract Time:
Paragraph 18.00 of said Agreement no change
725-03C-07
PUBLIC TRM.SFORT A TiON
07"22
Page 3 :15
Financial Project No.
Contract No. AI076
40300619401
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated June 21st. 2000
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
FOOT
City of Clearwater
See attached Encumbrance Form for date of
Funding Approval by Comptroller
AGENCY NAME
/.
,
.'
./ ./,,-.\ .
".' (.\ ) . ..".. t
\ "'. _ /c:.. ~I . I ~ '- "t.. fr. ,"'~. '.. .. \.. ..}
LEGAL REVIEW/
DEPARTMENT OF TRANSPORTATION
William B.Horne II
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
DEPARTMENT OF TRANSPORTATION
Donald.J Skelton, P.E.,
District Director of Plmming ~lhd Production
TITLE
City Manager
TITLE
ATTEST:
Cynthia E. Goudeau, City Clerk
Countersigned:
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
- .~.. 'J .' -'\ ..--;;-.) .. /
/.- . / I /'- /1
I..... /.' ;'f 1/ , //...----
. '. ,." (,0'-, .. ,. ,t -' ". t"f/-'
Bryap'D. Ruff, Assi~tt~6t City Attorney
/ 'I
':S.030.07
PUBLIC TRANSPJRT A liON
07102
~a~e 4 of 5
Financial Project No.
Contract No. AI076
40300619401
Agreement Date
A TT ACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and City of Clearwater
P.O. Box 4748, Clearwater, FL 34618-4748
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
This Supplemental Agreement #5 allows the Agency to fund their portion of the project with cash or approved in-kind
serices. Department and Agency funding is being increased to adjust for increased cost to provide sewer and water
utilities to the aircraft hangar being constructed under this contract.
I.
Project Cost:
As Approved As Amended
$1,383,500.00 51,518,500,00
$1,383,500.00 51,518,500.00
As Approved As Amended
$1,118,800.00 51,218,800.00
5264,700.00 $299,700.00
Net Change
$135,000.00
Total Project Cost
$135,000.00
I.
Fund Participation:
Net Change
Department:
Agency:
Other:
Total Project Cost
$1,383,500,00
S1,518,500.00
$100,000.00
$35,000.00
$0.00
$135,000.00
Comments:
The Department may participate in up to eighty percent of the non-federal share of this project as provided by Florida
Statute 332.007 (6) to a maximum of S 1,198,800 dollars,
The Department may participate in the security fence construction at 100% up to a maximum of $20,000 dollars as provided
by Senate Bill 48B.
The Agency may use cash or approved in-kind service for their portion of the project funding.
725-030.()7
PUBLIC TRANSP:>RTATION
07m
Page 5 015
III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING
If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are
programmed in the Department's Work program in the following fiscal year(s):
FY
FY
FY
FY
Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds.
RESOLUTION NO. 03-20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING SUPPLEMENTAL AGREEMENT #5 TO
INCREASE FUNDING IN AN EXISTING JOINT PARTICIPATION
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
FOR THE DESIGN AND CONSTRUCTION OF TWO AIRCRAFT T-
HANGARS, ONE CORPORATE HANGAR, THE COMPLETION OF
THE STORM WATER MANAGEMENT PLAN, THE SECURITY
FENCE CONSTRUCTION AND THE EMERGENCY SOIL
MITIGATION AND FUEL TANK REPLACEMENT AT
CLEARWATER AIRPARK BY $135,000.00; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FOOT) has agreed to
provide additional funding under Joint Participation Agreement FM No, 40300619401,
Contract No. AI076, a copy of which is attached hereto as Exhibit "A": now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER. FLORIDA;
Section 1. The City Commission hereby accepts and approves Supplement #5
to the Joint Participation Agreement between the City and the State of Florida
Department of Transportation, FM No. 40300619401, Contract No, AI076 to include an
additional $135,000.00 in funding in the existing JPA for the design and construction of
two aircraft t-hangars, one corporate hangar, the completion of the storm water
management plan, the security fence construction and the emergency soil mitigation
and fuel tank replacement at Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED this
day of
2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
-~:'. "1'\ ': . "
/ "1 / ','/' . / II / ,\ " /
. -. ',to.. 1. , l ' I' L .' .I-"-~
-Bryan' 0: Ruff . " .//
Assistant City Attorney "
Cynthia E. Goudeau
City Clerk
Resolution No, 03-20
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Final Agenda Item #
(}II :!
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Clearwater City Commission
Agenda Cover Ivlemorandum
Vvorksesslon Item #:
Meeting Date: 4-3-03
SUBJECT/RECOMMENDATION:
Pass Resolution 03-17 to correct scrivener's errors.
[1S] and that the appropriate officials be authorized to execute same.
SUMMARY:
. Resolution No. 03-07 was passed by the City Commission at the regular Commission
Meeting held on February 20, 2003.
. It was subsequently discovered that there were scrivener's errors III tile title and bOdy oJ tillS
resolution, in that the amount of costs incurred by the City ordering the owner to abate a
dangerous structure was incorrectly stated.
Reviewed by: 01 fA
Legal ~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc N/A
Public Works N/A
DCM/ACM
Other
Originating Dept.:
Le al/PKA
User Dept.:
Legal
Attachments
1. Resolution No. 03.17
Costs
N/A
Funding Source:
Current FY CI
OP
Other
Submitted by:
City Manager
Printed on rocycled paper
o None
A ro rlation Code:
RESOLUTION NO. 03-17
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, CORRECTING A SCRIVENIOR'S ERROR IN
RESOLUTION NO. 03-07; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a scrivenior's error for the amount of costs incurred by the City
incorrectly states $19,785.72 in the title of Resolution No. 03-07 and at the bottom of
page one at TOTAL DEMOLITION COSTS of the resolution, and
WHEREAS, the correct lien amount is 519,815.72 as shown on Attachment "A"
of Resolution No. 03-07; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The amount for the costs incurred by the City referenced on page
one of Resolution No. 03-07 is corrected to $19,815.72.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
rJd ~tin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No 03-07
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 A.M. - March 31, 2003
PUR PURCHASING
Approval of Purchases and Declaration of Surplus per Purchasinq Memorandum:
1. Cox Radio Tampa Bay, St. Petersburg, Florida, revenue payments for concert
sponsorship during the period: March 21, 2003 thru March 31, 2004 for
S300,OOO, (PR) (Consent)
2, Infinity Broadcasting, St. Petersburg, Florida, revenue payments for concert
sponsorship during the period: March 21, 2003 thru March 31, 2004 for
S300,OOO. (PR) (Consent)
3. Gallagher Bassett Services, Itasca, Illinois, claims paid by the City's third party
administrator during the period: April 4, 2003 thru September 30, 2003 for
S310,OOO, (FN) (Consent)
4. Board of County Commissioners, Pinellas County, increase award for
County/City joint project - Keene Road 1 A (Druid to Drew) for $480,806.59 an
increase of $52,215,83. (EN) (Consent)
5, Declare surplus and authorize disposal through sale at Tampa Machinery
Auction, miscellaneous surplus. (Consent)
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. Approve terms in Letter of Intent and direct the Administration and Legal
Department to develop a final contract for the construction of a 300-space public
parking garage (Pelican Walk). (Consent)
FN FINANCE
1. Approve a two-year extension to the Bond Counsel Retainer Agreement with
Bryant, Miller and Olive, P.A. to serve as the City's bond counsel. (Consent)
2. Approve a two-year extension to the Disclosure Counsel Retainer Agreement
with Nabors, Giblin & Nickerson, P .A., to serve as the City's disclosure counsel.
(Consent)
MR MARINE /AVIATION
1. Adopt Resolution 03-20 accepting Florida Department of Transportation (FOOT)
Supplemental Agreement (JPA) at Clearwater Airpark,
PR PARKS AND RECREATION
1. Approve four (4) additional Park Service Technicians positions (4,0 FTE) to be
added to the Parks and Recreation beach maintenance team. (Consent)
03-31-03 Work Session Agenda
Revision 2
2. Approve an additional .5 FTE pool guard positions for Morningside and North
Greenwood Recreation and Aquatic Complexes. (Consent)
PW PUBLIC WORKS
1. Public Hearing & First Reading Ordinance 7119-03 - approve the applicant's
request to vacate First Avenue West street right-of-way from the north right-of-
way line of Woodlawn Street to the north property line of Lot 20, Belleair
Highlands Subdivision, (aka 638 Woodlawn Street), subject to the retention of a
drainage and utility easement over the full width of the right-of-way.
2. Adopt Resolution 03-18 authorizing the City to enter into an agreement with
CSX Transportation, Inc. for installation of one (1) 8" reclaimed water main in the
CSX right-of-way as part of the Harbor Oaks Reclaimed Water System project;
and approve Pipeline Crossing Agreement No. CSX-044932.
3. Adopt Resolution 03-19 authorizing the City to enter into an agreement with
CSX Transportation, Inc. for installation of one (1) 16" reclaimed water main in
the CSX right-of-way as part of the Harbor Oaks Reclaimed Water System
project; and approve Pipeline Crossing Agreement No. CSX-044933.
4. Ratify and confirm change order #1 to a contract with American Water Services
Underground Infrastructure, Inc. formerly Azurix North America Underground
Infrastructure, Inc. in the amount of $30,649. for cleaning of the wastewater
interceptor system from the east side of US 19 to the Bayside Bridge, for a new
contract total of $185,499. (Consent)
PLD PLANNING
1. Public Hearing & First Reading Ordinance 7105-03 - approve amendments to
the Community Development Code clarifying definitions of residential use,
dwelling unit and overnight accommodations and adding a new section regarding
prima facie evidence of certain uses.
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
1 . Airpark Advisory - 1 Appointment
2. Library Board - 1 Appointment
3. Neighborhood and Affordable Housing Advisory Board (NAHAS) - 3
Appointments (1) Residential Bldg Industry (2) Advocate for low income housing
(3) Banking/mortgage Industry
CA LEGAL DEPARTMENT
1. Adopt Resolution 03-17 to correct scrivener's errors in the title and body of
Resolution 03-07 passed 02/20/03.
(,,_,.31-03 Work Session Agenda
2
Revision 2
Second Reading Ordinances
1. Ord 7063-03 - Amend the Community Development Code allowing for sidewalk
cafes to be located on private property and on public rights of way in the
Downtown and Tourist districts.
2. Ord 7073-03, amending Code of Ordinances Section 28.04 to allow approved
sidewalk cafes to sell food on public property.
3. Ord 7074-03, amending Code of Ordinances Section 6.31 to allow approved
sidewalk cafes to sell alcoholic beverages on public property.
4, Ord 7092-03 - Approve the applicant's request to vacate part of the drainage
and utility easement located on Lot 51, Countryside Tract 94, (A.K.A. 2662
Beaumont Court) more particularly described in Exhibit "A" attached (V2003-02
Catalanotto) .
5. Ord 7096-03 - Approve the Zoning Atlas Amendment from the 0, Office
District, to the I, Institutional District for 300 Pinellas Street (Lots 16 and 18, less
the West 85 feet thereof, C. Perry Snell's Bluff View Court, in Sec. 21-29-15)
REZ2002-12004
6. Ord 7097-03 - First Quarter 2002-2003 Amended Operating Budget
7. Ord 7098-03 - First Quarter 2002-2003 Amended Capital Improvement Budget
8. Ord 7099-03 - Amend Section 3-1508 of the Community Development Code,
regarding noise.
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1. Second nominee to serve on County Aircraft Noise Abatement Task Force.
2. Pinellas County Mobility Governance - PST A
Other Commission Action
Adjourn
03.31-03 Work Session Agenda
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Revision 2