10/02/2003
CITY COMMISSION
MEETING
1 0/02/03
NOTE:
09/29/03 PRELIMINARY (WS) AGENDA & PAPER
WORK THAT WAS INP ACKET INITIALLY BUT
, THEN NOT CONTINUED ONTO THURSDAY'S
COMMISSION AGENDA IS AT THE BACK OF THIS
AGENDA PACK.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 2,2003 - 6:00 P,M. - Commission Chambers
1. Invocation - Rev. Glenn Morris, Northlake Family Church
2. Pledge of AlleQiance - Mayor
3, Introductions, Awards and Presentations - Given
a. Senator Fasano - 2003 Legislative Wrap-up
b. IEDC Award for Marketing brochure
c, National Senior Benevolent Association - presentation of check for CHIP
d. Proclamations:
1) Put the Brakes on Fatalities Day - October 10, 2003
2) Public Natural Gas Week - October 5-11,2003
4. Approval of Minutes - ReQular MeetinQ - 09/18/03; Special Meeting - 09/15/03
ACTION: 9/18/03 minutes - approved as corrected by City Clerk; 9/15/03 minutes - approved
as submitted.
5. Citizens to be heard re items not on the Aqenda - None.
PUBLIC HEARINGS
Not Before 6:00 P. M.
Public Hearing - Second Reading Ordinances
6. Ord. 7170-03 - Establish a Sister Cities Advisory Board.
ACTION: Ordinance Adopted
7. Ord. 7171-03 - Amend the OperatinQ BudQet FY 2002/03.
ACTION: Ordinance Adopted
8. Ord. 7172-03 - Amend the Capitallmorovement ProQram (CIP) Budget FY 2002/03.
ACTION: Ordinance Adopted
9. Ord. 7173-03 - Approve the petition for Annexation of property located at 1420 Lime Street
(Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013
ACTION: Ordinance Adopted
10. Ord. 7174-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) for property located at 1420 Lime Street (Sunny Park Groves, Blk F,
Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013
ACTION: Ordinance Adopted
11. Ord. 7175-03 - Approve a Zoning Atlas Amendment from County R-3. SinQle-Familv
Residential District, to City Low Medium Density Residential (LMDR) for property located at
1420 Lime Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson).
ANX2003-06013
ACTION: Ordinance Adopted
12. Ord. 7190-03 - Amend Chapter 2. Article III. Division 3, Code of Ordinances to revise Section
2.104, Powers and Duties of the Beautification Committee for the Committee's review of
selected City projects.
ACTION: Ordinance Adopted
13. Ord. 7191-03 providing for the refundinQ of the Gas Revenue Bonds, Series 1996A.
Commission Action Agenda 2003-10-02
1
10/02103
ACTION:
Ordinance Adopted
14. Ord. 7212-03 - relatinq to municipal elections amendin!:} Sec, 14.41(2) relatinq to filinq fees,
Sec. 14.41(7) relating to qualifying periods, Sec. 14.42(1)(d) relating to compliance with laws,
Sec. 14.44(1) relating to write-in candidates,
ACTION: Ordinance Adopted
CONSENT AGENDA (Items #15 - 21) - Approved as submitted, less Item #16.
15. Consolidated Action Plan Amendments and Approval to use COBG funds for wavfindinq.
(ED/HSG)
16. Lease Purchase Contract with SunTrust. (FN) Continued to 10/16/03.
17. Approve acceptance of FY 2004 Local law Enforcement Block Grant (lLEBG) fundin!:} for
two years in the amount of $154,707 from the U.S. Department of Justice/Bureau of Justice
Assistance. (PO)
18. Accept a Utility Easement dated June 30, 2003 conveyed by Brown-19. LLC over and across
a 1403 sq. ft. portion of Pinellas County Parcel 17-29-16-00000-220-0100, aka Drew 19
Shopping Center. (Consent)
19. Reappoint Joyce Martin and Georae Krause and appoint Richard Avichouser to the Municipal
Code Enforcement Board for three (3) year terms. (ORLS)
20. Appoint Norma Carlouah to the Environmental Advisory Board for a four (4) year term.
(ORLS)
21. Authorize payment of a iudament rendered by the Circuit Court of Pinellas County in favor of
Oakhurst Construction Company in the amount of $78,068.44 plus interest. (CA)
OTHER ITEMS ON CITY MANAGER REPORT
22. Authorize the neqotiation of a contract for health insurance with United HealthCare under a
fully insured funding arrangement for the contract period of January 1, 2004 to December 31,
2004, at a total not to exceed cost of $14,750,000. (this includes both City ($9,925,000.) and
employee/retiree/COBRAlOut-of-Area ($4,825,000.) premiums), and continue the mental
health/substance abuse and EAP coverage contract with Bradman/Unipsych at an estimated
cost of $194,000, ($172,000. for current employees and $22,000. for retirees and COBRA) for
the contract period of January 1, 2004 to December 31, 2006, maintaining the City's current
funding strategy.
ACTION: Approved
23. First Readina Ord. 7183-03 - revise Appendix A. Buildina Permit Fees. Code of Ordinances.
ACTION: Approved. Ordinance passed 1 st reading
24. First Reading Ord. 7211-G3 - amend Clearwater Code of Ordinances 2.322. 2.325. 2.328.
2.329 and 2.332 regarding reimbursement and payment of travel costs.
ACTION: Approved. Ordinance passed 1 st reading
25. First Readina Ord. 7194-03 . establish new non-resident fees for non-residents to
participate at City recreation facilities and in City recreation programs and activities.
ACTION: Approved. Ordinance passed 1 st reading
26. First Reading Ord. 7192-G3 - orovide a revised waterina schedule for all types of water to
parallel the Southwest Florida Water Management District rescission of Executive Order
SWF 01-18 and adopt the current water use restrictions contained in Chapter 40D-22,
F.A.C.
Commission Action Agenda 2003-10-02
2
10102103
ACTION:
Approved. Ordinance passed 1 st reading
27. Adopt Res. 03-33 - authorize the execution of a District 7 Off-System Maintenance
Agreement and Letter of Understanding between the City of Clearwater and the State of
Florida Department of Transportation for the purpose of constructing .7 miles of the
East/West Trail from the Safety Harbor city limits to Coopers Bayou Park on the eastern side
of Bayshore Blvd.
ACTION: Approved. Resolution adopted
28. Adopt Res. 03-34 - enter into an Urban and Community Forestry Grant Memorandum of
Agreement with the State of Florida Department of Agriculture and Consumer Services,
Division of Forestry.
ACTION: Approved. Resolution adopted
29. IAFF Union Neootiations Update. - Given
30. Other PendinQ Matters - None
CITY ATTORNEY REPORTS
31. Other City Attorney Items - None.
32. City Manaoer Verbal Reports - None.
33. Commission Discussion Items
a. Downtown Movie Theatre
ACTION: Staff to bring recommendation re visiting movie companies and developers to
encourage consideration of DT Clearwater for location of a movio theater.
b. Blue Laws
ACTION: Staff to bring forward ordinance to mirror County regulations.
34. Other Commission Action
Hibbard hopes people will continue to discuss the Local Option Gas Tax; Partners in Self-
Sufficiency breakfast, Taste of Clearwater, South Greenwood Drug March, and Public Works
Barbecue were great.
Gray was sorry she missed the South Greenwood Drug March; thanked the community for all
the improvements in the South Greenwood neighborhood; thanked the Old Clearwater Bay
Neighborhood Association for a great meeting.
Jonson enjoyed the South Greenwood Drug March - will be 11 new homes built - area is
cleaner; thanked staff for efforts re removal of an illegal billboard on Gulf-to-Bay Boulevard; this
Saturday at Westfield Shopping Center from 9 am - 2 pm is a fire engine expo in the Sears parking
lot; Community Choices Week is 10/8 in Station Square from 11 :30 am - 1 :30 pm; Clearwater
Historic Society Fish Fry is 11/1 from 11 :30 - 1 :00 p.m.; read a poem from the Clearwater Historic
Society's Newsletter.
Hamilton complimented Kristi Cottier and Clearwater Chamber of Commerce on the Taste of
Clearwater; he arrived at South Greenwood Drug March in time for lunch; complimented Hooter's on
their 20-year anniversary.
AunQst complimented folks involved with South Clearwater Drug March - community is a
template on how to deal with the city; congratulated Hooter's on their 20-year anniversary - they are
Commission Action Agenda 2003-10-02
3
1 0/02/03
hosting a free concert behind the Hilton Saturday; 10/7 - is the first of 4 sessions re Conversations of
the Future of Downtown Clearwater at Clearwater High School at 7 pm; CHIP gala is 10/11 at
Belleview Biltmore - tickets available; next worksession is 10/13.
34. Adiournment - 7:25 p.m.
Commission Action Agenda 2003-10-02
4
10/02103
. .
AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 2, 2003 .6:00 P.M. - Commission Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be
recognized, then state your name and address. Persons speaking before the City
Commission shall be limited to 3 minutes unless otherwise noted under Public Hearings. For
other than Citizens to be heard re items not on the Agenda, a spokesperson for a group may
speak for three (3) minutes plus an additional minute for each person in the audience that
waives their right to speak, up to a maximum of ten (10) minutes. Please obtain the needed
form to designate a spokesperson from the City Clerk (right hand side of dais) and return it to
her prior to the start of the meeting. Up to thirty minutes of public comment will be allowed for
an agenda item. No person shall speak more than once on the same subject unless granted
permission by the City Commission. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted
Listening Devices are available. Kindly refrain from using beepers, cellular telephones
and other distracting devices during the meeting.
1. Invocation
2. Pledge of Allegiance
3. Introductions, Awards and Presentations;
a. Senator Fasano - 2003 Legislative Wrap-up
b. IEDC Award for Marketing brochure
c. National Senior Benevolent Association - presentation of check for CHIP
d. Proclamations:
1) Put the Brakes on Fatalities Day - October 10, 2003
2) Public Natural Gas Week - October 5-11, 2003
4. Approval of Minutes - Regular Meeting - 09/18/03; Special Meeting - 09/15/03
5. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Public Hearing - Second Reading Ordinances
6. Ord. 7170-03 - Establish a Sister Cities Advisory Board.
7. Ord. 7171-03 . Amend the Operating Budget FY 2002/03.
8. Ord. 7172-03 - Amend the Capital Improvement Program (CIP) Budget FY 2002/03.
9. Ord. 7173-03 - Approve the petition for Annexation of property located at 1420 Lime
Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson).
ANX2003-06013
10. Ord. 7174-03 - Approve a Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) for property located at 1420 Lime Street (Sunny Park
Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn Simpson). ANX2003-06013
11. Ord. 7175-03 - Approve a Zoning Atlas Amendment from County R-3, Single-Family
Residential District, to City Low Medium Density Residential (LMDR) for property
located at 1420 Lime Street (Sunny Park Groves, Blk F, Lot 24, Sec. 23-29-15) (Dawn
Simpson). ANX2003-06013
10-02-03 Commission Agenda
1
Revision 1
12, Ord. 7190-03 - Amend Chapter 2, Article III, Division 3, Code of Ordinances to revise
Section 2,104, Powers and Duties of the Beautification Committee for the Committee's
review of selected City projects.
13. Ord. 7191-03 providing for the refunding of the Gas Revenue Bonds, Series 1996A.
14. Ord. 7212-03 - relating to municipal elections amending Sec. 14.41 (2) relating to
filing fees. Sec, 14.41 (7) relating to qualifying periods, Sec, 14.42(1 )(d) relating to
compliance with laws, Sec. 14.44(1) relating to write-in candidates.
CONSENT AGENDA (Items #15 - 21)
Consent Agenda items require no formal public hearing and are subject to approval by a
single motion. However, any City Commissioner or the City Manager may remove an item
from the Consent Agenda for discussion and individual vote.
15. Consolidated Action Plan Amendments and Approval to use CDBG funds for
wayfinding. (ED/HSG)
16. Lease Purchase Contract with SunTrust. (FN)
17. Approve acceptance of FY 2004 Local Law Enforcement Block Grant (LLEBG)
funding for two years in the amount of $154,707. from the U.S. Department of
Justice/Bureau of Justice Assistance. (PO)
18. Accept a Utility Easement dated June 30, 2003 conveyed by Brown-19. LLC over
and across a 1403 sq. ft. portion of Pinellas County Parcel 17-29-16-00000-220-0100,
aka Drew 19 Shopping Center. (Consent)
19. Reappoint Joyce Martin and George Krause and appoint Richard Avichouser to the
Municipal Code Enforcement Board for three (3) year terms. (ORLS)
20. Appoint Norma Carlough to the Environmental Advisory Board for a four (4) year
term. (ORLS)
21. Authorize payment of a judgment rendered by the Circuit Court of Pinellas County in
favor of Oakhurst Construction Company in the amount of $78,068.44 plus interest.
(CA)
OTHER ITEMS ON CITY MANAGER REPORT
22. Authorize the negotiation of a contract for health insurance with United HealthCare
under a fully insured funding arrangement for the contract period of January 1, 2004 to
December 31,2004, at a total not to exceed cost of $14,750,000. (this includes both
City ($9,925,000.) and employee/retiree/COBRA/Out-of-Area ($4,825,000.)
premiums), and continue the mental health/substance abuse and EAP coverage
contract with Bradman/Unipsych at an estimated cost of $194,000. ($172,000. for
current employees and $22,000. for retirees and COBRA) for the contract period of
January 1, 2004 to December 31, 2006, maintaining the City's current funding
strategy.
23. First Reading Ord. 7183-03 - revise Appendix A, Building Permit Fees, Code of
Ordinances.
24. First Reading Ord. 7211-03 - amend Clearwater Code of Ordinances 2.322, 2.325,
2.328, 2.329 and 2.332 regarding reimbursement and payment of travel costs.
25. First Reading Ord. 7194-03 - establish new non-resident fees for non-residents to
participate at City recreation facilities and in City recreation programs and activities.
10-02-03 Commission Agenda
2
Revision 1
26. First Reading Ord. 7192-03 - provide a revised watering schedule for all types of water
to parallel the Southwest Florida Water Management District rescission of
Executive Order SWF 01-18 and adopt the current water use restrictions contained
in Chapter 400-22, F.A.C.
27. Adopt Res. 03-33 - authorize the execution of a District 7 Off-System Maintenance
Agreement and Letter of Understanding between the City of Clearwater and the State
of Florida Department of Transportation for the purpose of constructing .7 miles of
the EastlWest Trail from the Safety Harbor city limits to Coopers Bayou Park on the
eastern side of Bayshore Blvd.
28. Adopt Res. 03-34 - enter into an Urban and Community Forestry Grant
Memorandum of Agreement with the State of Florida Department of Agriculture and
Consumer Services, Division of Forestry.
29. IAFF Union Negotiations Update.
30. Other Pending Matters
CITY ATTORNEY REPORTS
31. Other City Attorney Items
32. City Manager Verbal Reports
33. Commission Discussion Items:
a. Downtown Movie Theater
b. Blue Laws
34. Other Commission Action
35. Adjournment
10-02-03 Commission Agenda
3
Revision 1
I
t,
ORDINANCE NO. 7170-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SISTER CITIES PROGRAM; CREATING A
SISTER CITIES ADVISORY BOARD; PROVIDING FOR ITS
COMPOSITION, POWERS AND DUTIES, TERMS OF OFFICE,
OFFICERS, AND RULES; PROVIDING FOR REMOVAL OF
MEMBERS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is fortunate to have been involved in the Sister
Cities program and to be a Sister City to the City of Nagano, Japan, and it is advisable to
create a Sister Cities Advisory Board in order to advise the City Commission regarding
program issues that might impact the expansion or development of the Sister Cities
program;
now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Article III. Division 12, Code of Ordinances, is hereby
created to read as follows:
DIVISION 12. SISTER CITIES ADVISORY BOARD
Sec. 2.250. Creation.
There is hereby created the Sister Cities Advisory Board of the City of
Clearwater.
Sec. 2.251. Composition.
The Sister Cities Advisory Board shall consist of five members; one member of the
city commission, a representative of the local business community. the School Board's
World LanguaQe Coordinator or desiqnee. a Clearwater Sister Cities Inc.
representative, and a Clearwater Arts Foundation representative, Representatives of
the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by
their respective organizations. Section 2.063, Code of Ordinances notwithstandinq, the
representatives of the local business community, the School Board's World Lanquaqe
Coordinator or desiqnee, and the Clearwater Arts Foundation representative shall not
be reuuired to reside within the City of Clearwater.
Sec. 2.252. Powers and duties.
The sister cities advisory board shall make recommendations for the effective
functioninQ of sister cities activities and advise the city commission of sister cities
proqram issues that miqht impact the expansion or development of the proQram.
Ordinance No. 7170-03
Sec. 2.253. Terms of office of members; officers; rules.
(1) The members of the sister cities advisory board shall be appointed by the city
commission to serve for a term of four years, stagQered such that not more than
three terms shall expire in any calendar year. A member shall serve not more
than two consecutive complete terms.
(2) The board shall select a chair and such other officers as the board may find
necessary. from its membership.
(3) The board may adopt such rules of procedure as the board finds necessary.
which shall not be in conflict with state law or ordinances of the city.
(4) The board shall meet at such times as the board may find necessary but no less
often than quarterly.
Sec. 2.254. Removal of members.
The city commission shall have the power to remove any member of the board for
misconduct or neQlect of duty. In addition. the city manaQer shall have the power to
remove any member because of the excessive absence of the member from the
meetinQs of the board as defined in section 2.066.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 18, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
;:" 1.-" p" - ' ~
il" 'i('~ (-'K ',.,r:"i.["/~1L.
Leslie K. Dougall-Side~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7170-03
ORDINANCE NO. 7171-03
r
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 3D, 2003 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER
& SEWER FUND, STORMWATER UTILITY FUND, GAS FUND,
SOLID WASTE FUND, RECYCLING FUND, MARINE &
AVIATION FUND, PARKING FUND. HARBORVIEW CENTER
FUND, ADMINISTRATIVE SERVICES FUND, GENERAL
SERVICES FUND, GARAGE 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 Third Quarter Review it was found that increases and decreases
are necessary in the total amount of $6,672,197 for revenues and $6.320,267 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
September ]R, 7001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst, Mayor-Commissioner
APP~f[et ~)t form:
Pamela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 7171-03
EXHIBIT A
2002-03 BUDGET REVENUE
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2002/03 2002/03 2002/03 2002/03 Amendment
General Fund:
Property Taxes 31,385.360 31,385,360 31,385,360 31,881,700 496,340
Sales Tax 13,973.940 13,973,940 13.973.940 12,884.940 -1,089,000
Franchise Fees 6,891.660 6,891,660 6,891,660 7,066,660 175.000
Utility Taxes 9,958,970 9.958,970 9,958,970 10,365,070 406,100
Licenses & Permits 3,282.610 3,282,610 3,282,610 3,637,610 355,000
Fines, Forfeitures or
Penalties 1,504,130 1,504,130 1,504,130 1,439,290 -64,840
Intergovernmental Revenue 9,792,280 9,814,280 9,827,340 9,386,070 -441,270
Charges for Services 2,502,810 2,502,810 2,389,000 2,182,880 -206,120
Use and Sale of City Property
and Money 1,228.800 1,228,800 1,228,800 1,228,800 0
Miscellaneous Revenues 139,460 139,460 139,460 177,660 38,200
Interfund ChargeslTransfers 11,968,670 12,239,070 12,239,070 12,360,660 121,590
Transfer from (to) Surplus 607,900 2.008,360 2,008,360 2,120,000 111,640
Total, General Fund 93,230,590 94,929,450 94,828,700 94,731,340 .97,360
Special Revenue Funds:
Special Development Fund 16,293,230 17,377,114 18,878,981 19,677 ,281 798,300
Special Program Fund 1,945,720 2,832,587 3,685,241 5,393,348 1,708,107
Local Housing Asst Trust Fund 889,505 889,505 889,505 889,505 0
Utility & Other Enterprise Funds:
Water & Sewer Fund 46,228,000 46,228,000 46,228,000 46,228,000 0
Stormwater Utility rund 9,538,080 9,568,390 9,568,390 9,602,900 34,510
Solid Waste Fund 16,175,100 16,204,100 16,259,100 16,308,800 49,700
Gas Fund 29,274,990 29,589,230 31,330,890 32,923,260 1,592,370
Recycling Fund 2,356,000 2,412,300 2,434,300 2.469,300 35.000
Marine and Aviation Fund 3,201,400 3,209,930 3,209,930 3,284,930 75,000
Parking Fund 4,351,920 4,330,560 4,330,560 5,780,560 1,450,000
Harborview Center Fund 2,276,280 2,726,280 2,327,660 2,308,160 -19,500
Internal Service Funds:
Administrative Services Fund 8,332,980 8,332,980 8,380,480 9,297,020 916,540
Geneml Services Fund 3,264,090 3,240,590 3,256,530 3,296,990 40,460
Garage Fund 8,957,230 8,957,230 9,035,050 9,116,100 81,050
Central Insurance Fund 15,779,190 16,340,510 16,340,510 16,348,530 8,020
Total, All Funds 262,100,305 267,168,756 270,983,827 277 ,656,024 6,672,197
Ordinance #7171-03
EXHIBIT A (Continued)
2002-03 BUDGET EXPENDITURES
First Third
Quarter Mid Year Quarter
Original Amended Amended Amended
Budget Budget Budget Budget Budget
2002/03 2002/03 2002/03 2002/03 Amendment
General Fund:
City Commission 266.850 266,850 266.850 266,850 0
City Manager's Office 798,720 807,140 807.140 807,140 0
City Attorney's Office 1.354,850 1,361.790 1,361,790 1 .411,790 50,000
City Audit 128,790 128.790 128,790 128.790 0
Development & Neighborhood Svcs 3.127.450 3.230.860 3.230,860 3.230.860 0
Economic Development & Housing S 1,537,180 1,617,960 1.617,960 1,617,960 0
Equity Services 482.650 485,580 485.580 485.580 0
Finance 1,942.630 1,955,300 1.940,300 1,940.300 0
Fire 16.212,950 16.231,790 16,231.790 16,251.090 19,300
Human Resources 1.212.310 1,216,540 1.216.540 1,216.540 0
Library 4,687.640 4,715.150 4,775,150 4,804.450 29,300
Marine & Aviation 501.280 452.030 407,030 427,030 20,000
Non-Departmental 4.010.430 5,212,610 5,212,610 5,167,610 -45,000
Office of Management & Budget 284,970 284,970 284,970 284,970 0
Official Records & Legislative Svcs 1,207,340 1,213,820 1,213,820 1,2131820 0
Parks & Recreation 15,778,130 15,898.370 15.797.620 15,678,640 -118,980
Planning 1,158,920 1,165,920 1,165,920 1.105,740 -60,180
Police 28,929,080 29,001,350 29,001,350 29.001,350 0
Public Communications 905,120 907.840 907.840 907.840 0
Public Works Administration 8,709.300 8.774.790 8,774,790 8,782.990 8,200
Total, General Fund 93,236,590 94.929,450 94,828,700 94,731.340 -97,360
Special Revenue Funds:
Special Development Fund 15,077,040 15.077,040 15,083,240 15,721,740 638,500
Special Program Fund 1,845,720 2,732,587 3,585,241 5,293.348 1,708,107
Local Housing Asst Trust Fund 889,505 889.505 889,505 889,505 0
Utility & Other Enterprise Funds:
Water & Sewer Fund 44.452,990 44.452,990 44.452,990 44,504,320 51,330
Stormwater Utility Fund 9,538,080 9.568,390 9,568,390 9,602,900 34,510
Solid Waste Fund 15,724,910 15.755,400 15,859,680 15,978,780 119,100
Gas Fund 28,393,600 28,585,710 30,487,620 31,744,390 1,256,770
Recycling Fund 2,344,840 2,403,040 2,427.500 2.430,860 3,360
Marine and Aviation Fund 3,181,860 3.189.650 3,189,650 3.264,650 75,000
Parking Fund 3,363.700 3.325,370 3,325,370 4,837,770 1,512,400
Harborview Center Fund 2,276,280 2,276,280 1,877,660 1,858,160 -19,500
Internal Service Funds:
Administrative Services Fund 8,332,980 8,332,980 8,380,480 9.297,020 916,540
General Services Fund 3,239,680 3,216,180 3,232,120 3,272,580 40,460
Garage Fund 8,957,230 8,957,230 9,035,050 9.116,100 81.050
Central Insurance Fund 14,076,920 14,576,920 14,576.920 14.576,920 0
Total, All Funds 254,931,925 258,268,722 260,800,116 267,120,383 6,320,267
Ordinance #7171-03
r
ORDINANCE NO. 7172-03
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 $8,885,734
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 Third Quarter Amended Capital Improvement Program
Report and Estimat<3d 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 Third Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 18, 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
J4J4kin
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance #7172-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First atr Mid Year Third atr
Original Amended Amended Amended
Budget Budget Budget Budget
2002/03 2002/03 2002/03 2002/03 Amendments
Police Protection 500,000 500.000 500,000 500,000
Fire Protection 1,929,200 1,926,173 1,926,173 2,648,971 722,798
New Street Construction 0 0 350,000 350,000
Major Street Maintenance 3,782,350 3,996,454 4,036,454 4,167,914 131,460
Sidewalks and Bike Trails 3,006,560 3,006,560 3,006,560 3,006,560
Intersections 385,000 385.000 400,095 400,095
Parking 400,000 400,000 400,000 2,017,000 1,617,000
Miscellaneous Engineering 103,200 708.164 1 ,018, 164 953,164 (65,000)
Leisure 0 -425 -425 -425
Park Development 4,572,500 4,768,702 4,751,835 4,693,544 (58,291)
Marine/Aviation Facilities 340,000 339,419 326,135 904,329 578,194
Libraries 642,500 677,463 756,336 749,344 (6,992)
Garage 3,111,500 3,111,500 3,111,500 3,124,650 13,150
Maintenance of Buildings 851,000 846.683 851,381 851,381
Miscellaneous 1,255,000 1,214,911 1,229,761 2,564,151 1,334,390
Stormwater Utility 18,699,000 18,711,659 17,235,025 21,765,060 4,530,035
Gas System 2,845,000 2,845,000 2,845,000 2,884,641 39,641
Solid Waste 500,000 602,961 602,961 482,251 (120,710)
Utilities Miscellaneous 227,000 227,000 227,000 401,779 174,779
Sewer System 14,238,000 15,255,213 11,554,620 9,817,865 (1,736,755)
Water System 10,175,900 9,170,724 9,170,724 10,902,759 1,732,035
Recycling 230,000 563,456 563.456 563.456
TOTAL 67,793,710 69,256,617 64,862,755 73.748,489 8,885,734
Ordinance # 7172-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2002/03 2002/03 2002/03 2002/03 Amendments
GENERAL SOURCES:
General Operating Revenue 1,939,780 2,794,884 2,854.884 2,894,182 39,298
General Revenue/County Co-op 166,420 166,420 166,420 166,420
Special Development Fund 85,000 85,000 85,000 85,000
Community Redevelopment Agency 0 214,905 214,905 214,905
Road Millage 2,002,350 2,002,350 2,002,350 2,002.350
Recreation Open Space Impact Fee 0 -50,760 -50,760 -50.760
Recreation Land Impact Fee 0 -400,425 -400,425 -400,425
Transportation Impact Fees 290,000 290,000 290,000 290,000
Penny for Pinellas 4,775,000 4,289,451 2,787,583 3,376,283 588,700
Penny for Pinellas Bond 0 -368,769 -368,769 -368,769
Development Impact Fees 75,000 75,000 75,000 75,000
Local Option Gas Tax 800,000 800,000 800,000 800,000
Grants - Other Agencies 4,656,560 61642,783 7,236,094 7,367,554 131,460
Property Owner's Share 0 0 19.406 19,406
Developer's Share 0 0 128,500 128,500
Donations 0 -782,000 -782.000 -782.000
Interest 0 132,181 151,054 189,062 38,008
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 225,000 225,000 225.000 225,000
Parking Revenue 400,000 400,000 400,000 1,850,000 1,450,000
Harborview Center Revenue 60,000 75,000 40,000 40,000
Water Revenue 141,250 141,250 141,250 182,843 41,593
Reclaimed Water Revenue 2,000 2,000 2,000 2,000
Sewer Revenue 329,750 329,750 329,750 371,343 41,593
Water Impact Fees 220,000 220,000 220,000 220,000
Water R & R 1,719,000 1,719,000 1,719,000 1,719,000
Sewer Impact Fees 200,000 200,000 200,000 200,000
Sewer R&R 605,000 605,000 605,000 605,000
Gas Revenue 2,857,000 2.857,000 2,861,698 2,951.339 89,641
Solid Waste Revenue 500,000 500,000 500,000 500,000
Recycling Revenue 230,000 230,000 230,000 230,000
Stormwater Utility 2,611,000 2.596,626 2,600,586 2,642,179 41,593
Grants 403,900 288,797 288,797 5,425,408 5,136,611
Sales 0 0 0 10,641 10,641
Developer's Share 0 0 0 28,710 28,710
Ordinance # 7172-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr Mid Year Third Qtr
Original Amended Amended Amended
Budget Budget Budget Budget
2002/03 2002/03 2002/03 2002/03 Amendments
INTERNAL SERVICE FUNDS:
Garage Fund 74,000 80.000 80,000 161.045 81,045
Admin Services Fund 225,000 225,000 225,000 1.317,175 1,092,175
General Services Fund 250,000 250,000 250,000 290,460 40,460
Central Insurance Fund 0 -25,626 -25,626 -25,626
Insurance Reimbursement 0 0 0 13,150 13,150
BORROWING - GENERAL SOURCES:
Lease Purchase 711,200 722,734 737,584 664,093 (73,491 )
Internal Loan 900,000 900,000 900,000 900,000
SELF-SUPPORTING FUNDS:
Lease Purchase. Parking 0 0 0 167,000 167.000
Lease Purchase - Sewer 188,000 188,000 82.626 71,286 (11.340)
Lease Purchase - Water 158,000 148.223 148,223 123,223 (25,000)
Lease Purchase - Stormwater Utility 200.000 184.653 184.653 190,630 (45,000)
Lease Purchase - Solid Waste 0 102,961 102,961 105,871
Lease Purchase - Recycling 0 333,456 333.456 333.456
Bond Issue - Stormwater Utility 15,955,000 16.117,044 16,117,044 16,123,021 5.977
Bond Issue. Water & Sewer 20,667,000 20,684,213 17,088,994 17,091,904 2,910
INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 3,111,500 3.111.500 3.111,500 3,111.500
lease Purchase - Administrative Svcs 60,000 -41,665 -41.665 -41.665
lease Purchase - General Services 0 -4,317 -4,317 -4.317
TOTAL ALL FUNDING SOURCES: 67,793,710 69,256,617 64,862,755 73,802,376 8,885,734
Ordinance # 7172-03
?
ORDINANCE NO. 7173-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF LIME STREET, APPROXIMATELY 730 FEET
EAST OF HILLCREST AVENUE, CONSISTING OF LOT 24,
BLOCK F, SUNNY PARK GROVES, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS
IS 1420 LIME STREET, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 24, Block F, Sunny Park Groves, recorded in Plat Book 036, Page 002, Public
Records of Pinellas County, Florida, together with the abutting right-of-way
(ANX2003-06013)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 18, 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~fLi ~fi&g~d
Leslie K. Dougall- ide
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7173-03
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Proposed Annexation
Owner: Dawn M. Simpson Case: ANX2003-Q60 13
Property Size (Acres): 0.15
Site: 1420 lime Street R,O,W. Size (Acres): 0.10
Land Use Zoning
PIN: 23/29/15/86958/006/0240
From RL R3(County)
To: Rl lMDR Atlas Page: 307A
Exhibit A
Ordinance NO. 7173-03
ITEM # 1 0
/ei
ORDINANCE NO. 7174-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF LIME STREET, APPROXIMATELY 730 FEET
EAST OF HILLCREST AVENUE, CONSISTING OF LOT 24,
BLOCK F, SUNNY PARK GROVES, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS
IS 1420 LIME STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 24, Block F, Sunny Park Groves, recorded in
Plat Book 036, Page 002, Public Records of
Pinellas County, Florida, together with the abutting
Right-of-way (ANX2003-06013)
Land Use CateQorv
Residential low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7173-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the local Government Comprehensive Planning and land Development
Regulation Act, pursuant to ~ 163.3189, Florida Statutes,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 18, 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7174-03
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Future Land Use Map
Owner: I Down M. Simpson I Case: 1 ANX2003-060 13
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Ordinnnce NO. 7174-03
II
ORDINANCE NO. 7175-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF LIME STREET, APPROXIMATELY 730 FEET EAST OF
HILLCREST AVENUE, CONSISTING OF LOT 24, BLOCK F,
SUNNY PARK GROVES, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 1420
LIME STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 24, Block F, Sunny Park Groves, recorded
in Plat Book 036, Page 002, Public Records of
Pinellas County, Florida, together with the
abutting right-of-way (ANX2003-06013)
ZoninQ District
Low Medium Density Residential
(LMDR)
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, contingent upon
and subject to the adoption of Ordinance No. 7173-03.
PASSED ON FIRST READING
September 18. 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. 7175-03
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Ordinance NO. 7175-03
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ANX2003-060 13
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307A
ORDINANCE NO. 7190-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BEAUTIFICATION COMMITTEE;
AMENDING CHAPTER 2, ARTICLE III, DIVISION 3, CODE OF
ORDINANCES TO REVISE SECTION 2.104, POWERS AND
DUTIES OF THE BEAUTIFICATION COMMITTEE PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the proposed amendment is necessary to more effectively and
efficiently carry out the duties and powers of the Committee; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Article III, Division 3, Section 2.104, Code of Ordinances,
is hereby amended as follows:
Section 2,104. Powers and duties.
The beautification committee shall encouraqe the is-<maf{Jed witR-tfle
Gevetepmeflt-of-afl-Gver-all-beautificatio n pmwam-fef-tRe city, snaH-fefffiwate-aoo
eflGe~e--Gevete~flt-of beautification and aesthetic enhancement of the city,
review selected city projects, advise the city manaqer and other municipal
officials reqardinq such proiects, and submit reports snall-make of its
recommendations to the city commission,
(Code 1980, ~ 22.23)
Section 2, This ordinance shall take effect immediately upon adoption,
PASSED ON FIRST READING
September 18, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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Laura Lipowski
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No, 7190-03
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ORDINANCE NO. 7191-03
AN ORDINANCE PROVIDING FOR THE ADVANCE
REFUNDING OF THE OUTSTANDING GAS SYSTEM
REVENUE BONDS, SERIES 1996A, OF THE CITY OF
CLEARWATER, FLORIDA; PROVIDING FOR THE
ISSUANCE OF NOT EXCEEDING $10,000,000 GAS SYSTEM
REVENUE REFUNDING BONDS, SERIES 2003, AS
ADDITIONAL PARITY OBLIGATIONS OF THE CITY
PURSUANT TO THE CITY'S ORIGINAL ORDINANCE, TO BE
APPLIED TO ADVANCE REFUND SUCH OUTSTANDING
OBLIGATIONS; PLEDGING THE NET REVENUES OF THE
SYSTEM TO SECURE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON THE BONDS; PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING
FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA, as follows:
SECTION 1. AUTHORITY FOR THIS ORDINANCE: ORDINANCE TO BE
SUPPLEMENTAL. This Ordinance is enacted pursuant to the provisions of Chapter 166,
Part II, Florida Statutes, and other applicable provisions of law (the "Act") and the Original
Ordinance, hereinafter defined. This Ordinance is supplemental to the Original Ordinance
and all provisions of the Original Ordinance not supplemented, modified, superseded or
repealed by the provisions hereof shall (a) remain in full force and effect, (b) apply to the
Refunding Bonds, hereinafter defined, to the same extent and in the same manner as such
provisions apply to the Parity Bonds, hereinafter defined, and (c) are incorporated herein
by reference as if fully set forth,
SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms
defined in this Ordinance shall have the meanings specified in this section, and any
capitalized terms not defined herein shall have the meanings specified in Section 2 of the
Original.Ordinance. Words importing singular number shall include the plural number in
each case and vice versa, and words importing persons shall include firms and
corporations.
Ordinance No, 7191-03
1
"Additional Parity Obligations" shall mean additional obligations issued in
compliance with the terms, conditions and limitations contained in the Original Ordinance
and in this Ordinance and which (i) shall have a lien on the Pledged Revenues equal to
that of the Parity Bonds and the Refunding Bonds, (ii) shall be payable from the Net
Revenues on a parity with the Parity Bonds and the Refunding Bonds, and (iii) rank equally
in all respects with the Parity Bonds and the Refunding Bonds.
"Bond Registrar" or "Registrar" shall mean the officer of the Issuer or the bank or
trust company which the Issuer may from time to time designate to perform the duties
herein set forth for the Registrar of the Refunding Bonds,
"Bonds" shall mean (i) the Bonds authorized under the Original Ordinance, including
but not limited to the Parity Bonds and the Refunding Bonds and (ii) any Additional Parity
Obligations issued hereafter in accordance with the provisions of the Original Ordinance
and this Ordinance.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and the
regulations and rules thereunder in effect or proposed.
"Cost of Operation and Maintenance" of the System shall mean all current
expenses, paid or accrued, for the operation, maintenance and repair of all facilities of the
System, as calculated in accordance with sound accounting practice, and shall include,
without limiting the generality of the foregoing, insurance premiums, administrative
expenses of the Issuer related solely to the System, labor, cost of materials and supplies
used for current operation, and charges for the accumulation of appropriate reserves for
current expenses not annually recurrent but which are such as may reasonably be
expected to be incurred in accordance with sound accounting practice, but excluding any
reserve for renewals or replacements, for extraordinary repairs or any allowance for
depreciation.
"Credit Facility" or "Credit Facilities" shall mean either individually or collectively, as
appropriate, any bond insurance policy, surety bond, letter of credit, line of credit, guaranty
or other instrument or instruments that would enhance the credit of the Bonds, The term
Credit Facility shall not include any bond insurance, surety bond or other credit
enhancement deposited into or allocated to a subaccount in the Reserve Account in the
Sinking Fund.
"Credit Facility Issuer" shall mean the provider of a Credit Facility,
"Escrow Deposit Agreement" shall mean that certain Escrow Deposit Agreement by
and between the Issuer and a bank or trust company to be approved by subsequent
resolution of the Issuer, for the purpose of providing for the payment of the Refunded
Bonds, which agreement shall be in substantially the form attached hereto as Exhibit "B"
and is hereby incorporated by reference.
Ordinance No, 7191-03
2
"Gross Revenues" or "Revenues" shall mean all moneys received from rates, fees,
rentals or other charges or income derived from the investment of funds, unless otherwise
provided herein, by the Issuer or accruing to it in the operation of the System, all calculated
in accordance with sound accounting practice.
"Holder of Bonds" or "Bondholders" or any similar term shall mean any person who
shall be the registered owner ("Registered Owner") of any registered Bond, as shown on
the books and records of the Bond Registrar. The Issuer may deem and treat the person
in whose name any Bond is registered as the absolute owner thereof for the purpose of
receiving payment of, or on account of, the principal or redemption price thereof and
interest due thereon, and for all other purposes,
"Issuer" shall mean the City of Clearwater, Florida.
"Net Revenues" shall mean Gross Revenues less Cost of Operation and
Maintenance.
"Ordinance" shall mean this ordinance of the Issuer as hereafter amended and
supplemented from time to time in accordance with the provisions hereof,
"Original Ordinance" shall mean City of Clearwater Ordinance No. 5118-91 as
thereafter amended and supplemented from time to time in accordance with the provisions
thereof.
"Parity Bonds" shall mean outstanding Gas System Revenue Bonds, Series 1997 A,
dated October 1, 1997, the outstanding Gas System Revenue Bonds, Series 1997B,
dated October 1, 1997, the outstanding Gas System Revenue Refunding Bonds, Series
1998, dated January 15, 1998, and any bonds issued under the authority of the Original
Ordinance or the City of Clearwater Ordinance No, 5665-94.
"Refunded Bonds" shall mean all or any portion of the City of Clearwater, Florida,
Gas System Revenue Bonds, Series 1996A, dated July'1, 1996, for which the future
payments of principal, premium, if any, and interest has been provided for in an irrevocable
escrow in accordance with the Escrow Deposit Agreement with proceeds of the Refunding
Bonds, which are so designated by the Issuer prior to the issuance of any series of
Refunding Bonds.
"Refunding Bonds" shall mean the obligations of the Issuer authorized to be issued
pursuant to Section 5 of this Ordinance, which Refunding Bonds are to be issued in one or
more series, with each series to be separately designated in accordance with subsequent
resolutions to be adopted by the Issuer prior to the issuance of any series of Refunding
Bonds.
"Reserve Requirement" for each series of Bonds shall be as determined by
subsequent resolution of the Issuer. The Reserve Requirement for the Refunding Bonds
Ordinance No, 7191,03
3
shall be the lesser of (i) the Maximum Bond Service Requirement of the Refunding Bonds,
(ii) 125% of the average annual Bond Service Requirement of the Refunding Bonds, or (iii)
10% of the net proceeds of the Refunding Bonds.
"System" shall mean the complete gas system now owned, operated and
maintained by the Issuer, together with any and all assets, improvements. extensions and
additions thereto hereafter constructed or acquired.
SECTION 3. FINDINGS, It is hereby found, determined and declared that:
(A) The Issuer has heretofore enacted the Original Ordinance authorizing the
issuance of certain obligations to be secured by and payable from the Net Revenues, and
providing for the issuance of Additional Parity Obligations. upon the conditions set forth
therein, to be payable on a parity from such Net Revenues.
(B) The Issuer has previously issued the Refunded Bonds and deems it necessary
and in its best interest to provide for the refunding of the Refunded Bonds. The refunding
program herein described will be advantageous to the Issuer by providing a net present
value reduction in the amount of debt service secured by the System, resulting in a
lessening of pressures to increase System rates,
(C) From the proceeds of the Refunding Bonds and other funds available therefor,
there shall be deposited pursuant to the Escrow Deposit Agreement a sum which, together
with the principal and income from the Federal Securities to be purchased pursuant to such
agreement, will be sufficient to make timely payments of all presently outstanding principal,
redemption premium, if any, and interest in respect to the Refunded Bonds, as the same
come due and/or redeemable. Such funds and principal and income from investments
shall also be sufficient to pay when due all expenses, if any, described in the Escrow
Deposit Agreement.
(D) The costs associated with such refunding program shall be deemed to include
legal expenses, fiscal expenses, rating agency fees, expenses for estimates of costs and
of revenues, accounting expenses, municipal bond insurance premiums, costs of printing,
fees of financial advisors, fees for escrow structuring and verification, accrued and
capitalized interest, provisions for reserves, and such other expenses as may be necessary
or incidental for the financing herein authorized,
(E) The Revenues are not pledged or encumbered in any manner except for the
prior payment from the Net Revenues of the principal of and interest on the Refunded
Bonds, which pledge and encumbrance shall be defeased pursuant to the refunding herein
authorized, and the Parity Bonds.
(F) The principal of and interest on the Refunding Bonds and all required Sinking
Fund, Reserve and other payments shall be payable solely from the Net Revenues derived
from the operation of the System, as provided herein and in the Original Ordinance. The
Ordinilnce No, 7191-03
4
Refunding Bonds shall not constitute an indebtedness, liability, general or moral obligation,
or a pledge of the faith, credit or taxing power of the Issuer, the State, or any political
subdivision thereof, within the meaning of any constitutional, statutory or charter provisions.
Neither the State of Florida, nor any political subdivision thereof, nor the Issuer shall be
obligated (1) to levy ad valorem taxes on any property to pay the principal of the Refunding
Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from
any other funds of the Issuer except from the Net Revenues, in the manner provided herein
and in the Original Ordinance.
The Refunding Bonds shall not constitute a lien upon the System, or any part
thereof, or on any other property of the Issuer, but shall constitute a first and prior lien only
on the Net Revenues in the manner provided herein and in the Original Ordinance,
(G) The estimated Net Revenues to be derived from the operation of the System
will be sufficient to pay all principal of and interest on the Parity Bonds and the Refunding
Bonds, as the same become due, and to make all required Sinking Fund, Reserve and
other payments required by this Ordinance and the Original Ordinance.
(H) The Original Ordinance, in Section 16(T) thereof, provides for the issuance of
Additional Parity Obligations under the terms, limitations and conditions provided therein,
(I) The Issuer has complied with the terms, conditions and restrictions contained in
the Original Ordinance, The Issuer is, therefore, legally entitled to issue the Refunding
Bonds as Additional Parity Obligations within the authorization contained in the Original
Ordinance.
(J) The Refunding Bonds herein authorized shall be on a parity and rank equally, as
to lien on and source and security for payment from the Net Revenues and in all other
respects, with the Parity Bonds,
Ordinnncc No. 7191-03
5
SECTION 4, THE ORDINANCE TO CONSTITUTE CONTRACT. In consideration
of the acceptance of the Refunding Bonds authorized to be issued hereunder by those who
shall hold the same from time to time, this Ordinance and the Original Ordinance shall be
deemed to be and shall constitute a contract between the Issuer and such Holders. The
covenants and agreements herein set forth to be performed by the Issuer shall be for the
equal benefit. protection and security of the legal Holders of any and all of the Bonds, all of
which shall be of equal rank and without preference. priority or distinction of any of the
Bonds over any other thereof, except as expressly provided therein and herein,
SECTION 5. AUTHORIZATION OF REFUNDING BONDS AND REFUNDING OF
THE REFUNDED BONDS, Subject and pursuant to the provisions hereof, obligations of
the Issuer to be known as "Gas System Revenue Refunding Bonds, Series 2003" herein
defined as the "Refunding Bonds" are authorized to be issued in the aggregate principal
amount of not exceeding $10,000,000 to (i) finance the refunding of the Refunded Bonds,
(ii) make a deposit to the Reserve Account in the Sinking Fund to satisfy the Reserve
Requirement (or to purchase a debt service reserve fund policy or surety, as determined by
resolution of the Issuer adopted prior to the issuance of any series of Refunding Bonds)
and (iii) pay the costs of issuance of the Refunding Bonds,
The refunding of the Refunded Bonds is hereby authorized in the manner provided
herein.
SECTION 6. DESCRIPTION OF REFUNDING BONDS, The Refunding Bonds
shall be issued in fully registered form; may be Capital Appreciation Bonds and/or Current
Interest Bonds; shall be dated; shall be numbered; shall be in the denomination of $5,000
each or integral multiples thereof for the Current Interest Bonds and in $5,000 maturity
amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or in such other
denominations as shall be approved by the Issuer in a subsequent resolution prior to the
delivery of the Refunding Bonds; shall bear interest at a fixed or floating rate not exceeding
the maximum rate allowed by law, such interest to be payable semiannually on such dates
and in such years and amounts; and shall mature on such dates and in such years, and in
such amounts all as shall be fixed by resolution or ordinance of the Issuer adopted prior to
the delivery of the Refunding Bonds. The Refunding Bonds are to be issued in one or
more series, from time to time, either as construction or completion bonds, and if issued in
more than one series, each series is to be separately designated as determined by
resolution of the Issuer adopted prior to the issuance of any such series of Refunding
Bonds.
The Refunding Bonds shall be payable with respect to principal (and Compounded
Amount in the case of Capital Appreciation Bonds) upon presentation and surrender
thereof on the date fixed for maturity or redemption thereof at the office of the Bond
Registrar; shall be payable in any coin or currency of the United States which at the time of
payment is legal tender for the payment of public or private debts; and shall bear interest
from such date, but not earlier than the date of the Refunding Bonds, as is fixed by
Ordin,lIlcc No, 719).03
6
subsequent resolution or ordinance of the Issuer, payable in accordance with and pursuant
to the terms of the Refunding Bonds,
Interest on the Refunding Bonds which are Current Interest Bonds shall be paid by
check or draft mailed to the Registered Owners, at their addresses as they appear on the
books and records of the Bond Registrar, at the close of business on the 15th day of the
month (whether or not a business day) next preceding the interest payment date for the
Refunding Bonds (the "Record Date"), irrespective of any transfer of the Refunding Bonds
subsequent to such Record Date and prior to such interest payment date, unless the Issuer
shall be in default in the payment of interest due on such interest payment date. In the
event of any such default, such defaulted interest shall be payable to the Registered
Owners at the close of business on a special record date for the payment of defaulted
interest as established by notice mailed to the persons in whose names such Refunding
Bonds are registered at the close of business on the fifth (5th) day preceding the date of
mailing. Payment of interest on the Refunding Bonds may, at the option of any owner of
Refunding Bonds in an aggregate principal amount of at least $1,000,000, be transmitted
by wire transfer to such owner to the bank account number on file with the Paying Agent as
of the Record Date upon written request therefor by the holder thereof for the appropriate
interest payment date,
If the date for payment of the principal of, premium, if any, or interest on the
Refunding Bonds shall be a Saturday, Sunday, legal holiday or a day on which the banking
institutions in the city where the corporate trust office of the Paying Agent is located are
authorized by law or executive order to close, then the date for such payment shall be the
next succeeding day which is not a Saturday, Sunday or legal holiday or a day on which
such banking institutions are authorized to close, and payment on such date shall have the
same force and effect as if made on the nominal date of payment.
The Refunding Bonds may be issued or exchanged for Refunding Bonds in coupon
form, payable to bearer, in such form and with such attributes as the Issuer may provide by
supplemental resolutions, upon receipt of an opinion from a nationally recognized bond
counsel that such issuance or exchange will not cause interest on the Refunding Bonds to
be includable in gross income of the Holder for federal income tax purposes.
SECTION 7, EXECUTION OF BONDS, The Refunding Bonds shall be executed in
the name of the Issuer by its City Manager. countersigned by its Mayor-Commissioner and
attested to by its City Clerk, and its official seal or a facsimile thereof shall be affixed
thereto or reproduced thereon. The Refunding Bonds shall be approved as to form and
legal sufficiency by the City Attorney of the Issuer. The facsimile signatures of such
officers may be imprinted or reproduced on the Refunding Bonds, The Certificate of
Authentication of the Bond Registrar. hereinafter described, shall appear on the Refunding
Bonds, and no Refunding Bond shall be valid or obligatory for any purpose or be entitled to
any security or benefit under this Ordinance unless such certificate shall have been duly
executed on such Refunding Bond. The authorized signature for the Bond Registrar shall
at all times be a manual signature, In case any officer whose signature shall appear on
Ordinance No. 7191-03
7
any Refunding Bonds shall cease to be such officer before the delivery of such Bonds,
such signature or facsimile shall nevertheless be valid and sufficient for all purposes the
same as if he had remained in office until such delivery. Any Refunding Bonds may be
signed and sealed on behalf of the Issuer by such person who at the actual time of the
execution of such Bonds shall hold the proper office with the Issuer, although at the date of
enactment of this Ordinance such person may not have held such office or may not have
been so authorized.
SECTION 8. NEGOTIABILITY AND REGISTRATION.
(A) NEGOTIABILITY, The Refunding Bonds shall be and shall have all of the
qualities and incidents of negotiable instruments under the Uniform Commercial Code -
Investment Securities of the State of Florida, and each successive Holder, in accepting any
of the Refunding Bonds shall be conclusively deemed to have agreed that such Bonds
shall be and have all of the qualities and incidents of negotiable instruments under the
Uniform Commercial Code - Investment Securities of the State of Florida.
(B) REGISTRATION AND TRANSFER. There shall be a Bond Registrar for the
Refunding Bonds which shall be a bank or trust company located within or without the
State of Florida. The Bond Registrar shall maintain the registration books of the Issuer and
be responsible for the transfer and exchange of the Refunding Bonds. The Issuer shall,
prior to the proposed date of delivery of the Refunding Bonds, by resolution designate the
bank to serve as a Bond Registrar and Paying Agent. The Bond Registrar shall maintain
the books for the registration of the transfer and exchange of the Bonds in compliance with
an agreement to be executed between the Issuer and such bank as Bond Registrar on or
prior to the date of delivery of the Refunding Bonds. Such agreement shall set forth in
detail the duties, rights and responsibilities of the parties thereto.
The Refunding Bonds may be transferred upon the registration books, upon delivery
to the Registrar, together with written instructions as to the details for the transfer of such
Refunding Bonds, along with the social security or federal employer identification number
of such transferee and, if such transferee is a trust, the name and social security or federal
employer identification numbers of the settlor and beneficiaries of the trust, the date of the
trust and the name of the trustee. No transfer of any Refunding Bond shall be effective
until entered on the registration books maintained by the Registrar.
In all cases of the transfer of the Refunding Bonds, the Registrar shall enter the
transfer of ownership in the registration books and shall authenticate and deliver in the
name of the transferee or transferees a new fully registered Refunding Bond or Refunding
Bonds of authorized denominations of the same maturity and interest rate for the
aggregate principal amount which the Registered Owner is entitled to receive at the earliest
practicable time in accordance with the provisions of this Ordinance, Any Refunding Bond
or Bonds shall be exchangeable for a Refunding Bond or Bonds of the same maturity and
interest rate, in any authorized denomination, but in a principal amount equal to the unpaid
principal amount of the Refunding Bond or Bonds presented for exchange, Bonds to be
OrdinilllCl' No, 7191,03
8
exchanged shall be surrendered at the principal office of the Registrar, and the Registrar
shall deliver in exchange therefor the Refunding Bond or Bonds which the Bondholder
making the exchange shall be entitled to receive. The Issuer or the Registrar may charge
the Registered Owner of such Refunding Bond for every such transfer or exchange an
amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other
governmental charge required to be paid with respect to such transfer or exchange, and
may require that such charge be paid before any such new Refunding Bond shall be
delivered.
All Refunding Bonds delivered upon transfer or exchange shall bear interest from
such date that neither gain nor loss in interest shall result from the transfer or exchange.
All Refunding Bonds presented for transfer, exchange, redemption or payment (if so
required by the Issuer), shall be accompanied by a written instrument or instruments of
transfer or authorization for exchange, in form and with guaranty of signature satisfactory to
the Issuer and the Registrar duly executed by the Registered Owner or by his duly
authorized attorney.
SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case
any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its
discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and
cancellation of such Illutilated Bond or in lieu of and substitution for the Bond destroyed,
stolen or lost, and upon the Holder furnishing the Issuer proof of his ownership thereof and
satisfactory indemnity and complying with such other reasonable regulations and
conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur.
All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the
Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the
Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost,
stolen or destroyed, without surrender thereof.
Any such duplicate Bonds issued pursuant to this section shall constitute original,
additional contractual obligations on the part of the Issuer whether or not the lost, stolen or
destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be
entitled to equal and proportionate benefits and rights as to lien on the source and security
for payment from the funds, as hereinafter pledged, to the same extent as all other Bonds
issued hereunder.
SECTION 10. BOOK ENTRY SYSTEM. Notwithstanding the provisions of Sections
7, 8 and 9 hereof, the Issuer may, at its option, prior to the date of issuance of the
Refunding Bonds, elect to use an immobilization system or pure book-entry system with
respect to issuance of such Refunding Bonds, provided adequate records will be kept with
respect to the ownership of such Bonds issued in book-entry form or the beneficial
ownership of bonds issued in the name of a nominee. As long as any Bonds are
outstanding in book-entry form the provisions of Sections 7.8 and 9 of this Ordinance shall
Ordin;mce No. 7191-03
l)
not be applicable to such Refunding Bonds. The details of any alternative system of
issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly
adopted at or prior to the sale of such Series Refunding Bonds.
SECTION 11. PROVISIONS FOR REDEMPTION. The Refunding Bonds shall be
subject to redemption prior to their maturity, at the option of the Issuer, at such times and in
such manner as shall be fixed by resolution of the Issuer duly adopted prior to or at the
time of sale of the Refunding Bonds.
Notice of such redemption will be given by the Registrar (who shall be the Paying
Agent for the Refunding Bonds, or such other person, firm or corporation as may from time
to time be designated by the Issuer as the Registrar for the Refunding Bonds) by mailing a
copy of the redemption notice by first-class mail (postage prepaid) not more than thirty (30)
days and not less than fifteen (15) days prior to the date fixed for redemption to the
Registered Owner of each Refunding Bond to be redeemed in whole or in part at the
address shown on the registration books. Failure to give such notice by mailing to any
Registered Owner of Bonds, or any defect therein, shall not affect the validity of any
proceeding for the redemption of other Bonds. All Refunding Bonds or portions thereof so
called for redemption will cease to bear interest after the specified redemption date
provided funds for their redemption are on deposit at the place of payment at that time.
Upon surrender of any Refunding Bond for redemption in part only, the Issuer shall
issue and deliver to the Registered Owner thereof, the costs of which shall be paid by the
Registered Owner, a new Refunding Bond or Refunding Bonds of authorized
denominations in aggregate principal amount equal to the unredeemed portion
surrendered.
Whenever any Refunding Bonds shall be delivered to the Bond Registrar for
cancellation, upon payment of the principal amount thereof, or for replacement, transfer or
exchange, such Refunding Bonds shall be canceled and, upon request of the Issuer,
destroyed by the Bond Registrar. Counterparts of the certificate of destruction evidencing
any such destruction shall be furnished to the Issuer.
SECTION 12. FORM OF THE REFUNDING BONDS. The text of the Refunding
Bonds shall be in substantially the form set forth in Exhibit A attached hereto and
incorporated herein, with such omissions, insertions and variations as may be necessary
and desirable and authorized and permitted by this Ordinance or by any subsequent
ordinance or resolution adopted prior to the issuance thereof:
SECTION 13. APPLICATION OF PROVISIONS OF ORIGINAL ORDINANCE. The
Refunding Bonds, herein authorized, shall for all purposes (except as herein expressly
provided) be considered to be Additional Parity Obligations issued under the authority of
the Original Ordinance, and shall be entitled to all the protection and security provided
therein for the Parity Bonds, and shall be in all respects entitled to the same security, rights
and privileges enjoyed by the Parity Bonds.
Ordinance 1\:0. 7191.03
10
The covenants and pledges contained in the Original Ordinance shall be applicable
to the Refunding Bonds herein authorized in like manner as applicable to the Parity Bonds.
The principal of and interest on the Refunding Bonds shall be payable from the Sinking
Fund established in the Original Ordinance on a parity with the Parity Bonds, and
payments shall be made into such Sinking Fund by the Issuer in amounts fully sufficient to
pay the principal of and interest on the Parity Bonds and the Refunding Bonds as such
principal and interest become due.
SECTION 14. APPLICATION OF REFUNDING BOND PROCEEDS. The
proceeds, including accrued interest and premium, if any, received from the sale of any or
all of the Refunding Bonds shall be applied by the Issuer as follows:
(A) The accrued interest shall be deposited in the Interest Account in the Sinking
Fund created in the Original Ordinance and shall be used only for the purpose of paying
interest becoming due on the Refunding Bonds.
(B) Unless provided from other funds of the Issuer on the date of issuance of any
series of Refunding Bonds as set forth in Section 16(B) of the Original Ordinance, a sum
equal to the Reserve Requirement for the Refunding Bonds shall be deposited in the sub-
account in the Reserve Account in the Sinking Fund, herein created and established for the
benefit of the Refunding Bonds, and shall be used only for the purposes provided therefor,
or, if determined by subsequent resolution of the Issuer, a sum equal to the premium of a
debt service reserve fund policy or surety provided in satisfaction of the Reserve
Requirement for such series of Refunding Bonds.
(C) Unless paid or reimbursed by the original purchasers of the Refunding Bonds,
the Issuer shall pay all costs and expenses in connection with the preparation, issuance
and sale of the Refunding Bonds.
(D) A sum which, together with the other funds to be deposited pursuant to the
Escrow Deposit Agreement, and the investment income to be derived therefrom, will be
sufficient to pay, as of any date of calculation, the principal of, redemption premium, if any,
and interest on the Refunded Bonds as the same shall become due and or redeemable,
shall be deposited pursuant to the Escrow Deposit Agreement.
SECTION 15. SPECIAL OBLIGATIONS OF ISSUER. The Refunding Bonds shall
be special obligations of the Issuer, payable solely from the Net Revenues as herein
provided. The Refunding Bonds do not constitute an indebtedness, liability, general or
moral obligation, or a pledge of the faith, credit or taxing power of the Issuer, the State of
Florida or any political subdivision thereof, within the meaning of any constitutional,
statutory or charter provisions. Neither the State of Florida nor any political subdivision
thereof nor the Issuer shall be obligated (1) to levy ad valorem taxes on any property to pay
the principal of the Refunding Bonds, the interest thereon or other costs incident thereto, or
Ol'dinilnce No. 7191-03
11
(2) to pay the same from any other funds of the Issuer except from the Net Revenues, in
the manner provided herein. The acceptance of the Refunding Bonds by the Holders from
time to time thereof shall be deemed an agreement between the Issuer and such Holders
that the Bonds and the indebtedness evidenced thereby shall not constitute a lien upon the
System, or any part thereof, or any other property of the Issuer, but shall constitute a first
and prior lien only on the Net Revenues, in the manner hereinafter provided. The Net
Revenues shall be immediately subject to the lien of this pledge without any physical
delivery thereof or further act, and the lien of this pledge shall be valid and binding as
against all parties having claims of any kind in tort, contract or otherwise against the Issuer.
The payment of the principal of and the interest on .the Refunding Bonds shall be
secured forthwith equally and ratably by an irrevocable lien on the Net Revenues of the
System, as defined herein, on a parity with the Parity Bonds and the Issuer does hereby
irrevocably pledge such Net Revenues of the System to the payment of the principal of and
the interest on the Refunding Bonds, for the reserves therefor and for all other required
payments.
SECTION 16. COVENANTS OF THE ISSUER. The provisions of Section 16 of the
Original Ordinance shall be deemed applicable to this Ordinance and shall apply to the
Refunding Bonds issued pursuant to this Ordinance as though fully restated herein.
SECTION 17. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHOUT
CONSENT OF HOLDERS OF BONDS. The provisions of Section 17 of the Original
Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding
Bonds issued pursuant to this Ordinance as though fully restated herein.
SECTION 18. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS
OF BONDS. The provisions of Section 18 of the Original Ordinance shall be deemed
applicable to this Ordinance and shall apply to the Refunding Bonds issued pursuant to this
Ordinance as though fully restated herein.
SECTION 19. DEFEASANCE. The provisions of Section 19 of the Original
Ordinance shall be deemed applicable to this Ordinance and shall apply to the Refunding
Bonds issued pursuant to this Ordinance as though fully restated herein.
SECTION 20. TAX COVENANTS.
(A) The Issuer covenants with the Registered Owners of each series of Bonds
that it shall not use the proceeds of such series of Bonds in any manner which would
cause the interest on such series of Bonds to be or become includable in the gross income
of the Registered Owner thereof for federal income tax purposes.
(B) The Issuer covenants with the Registered Owners of each series of Bonds
that neither the Issuer nor any person under its control or direction will make any use of the
proceeds of such series of Bonds (or amounts deemed to be proceeds under the Code) in
Ordimlllcl! No. 7191-03
12
any manner which would cause such series of Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Code and neither the Issuer nor any other person shall do
any act or fail to do any act which would cause the interest on such series of Bonds to
become includable in the gross income of the Registered Owner thereof for federal income
tax purposes.
(C) The Issuer hereby covenants with the Registered Owners of each series of
Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion
of interest on the Bonds from the gross income of the Registered Owner thereof for federal
income tax purposes, including, in particular, the payment of any amount required to be
rebated to the U.S. Treasury pursuant to the Code.
SECTION 21. GOVERNMENTAL REORGANIZATION. The provisions of Section
21 of the Original Ordinance shall be deemed applicable to this Ordinance and shall apply
to the Refunding Bonds issued pursuant to this Ordinance as though fully restated herein.
SECTION 22. COVENANTS WITH CREDIT FACILITY ISSUER. The Issuer may
make such covenants as it may, in its sole discretion, determine to be appropriate with any
Credit Facility Issuer that shall agree to provide a Credit Facility that shall enhance the
security or the value of the Refunding Bonds. Such covenants may be set forth in a
resolution adopted prior to or simultaneously with the sale of the Refunding Bonds and
shall have the same effect as if such covenants were set forth in full in this Ordinance.
SECTION 23. PRELIMINARY OFFICIAL STATEMENT. The distribution of a
Preliminary Official Statement relating to the Refunding Bonds is hereby approved in such
form and substance as shall be approved by subsequent resolution of the Issuer.
SECTION 24. SEVERABILITY. If anyone or more of the covenants, agreements,
or provisions of this Ordinance should be held contrary to any express provision of law or
contrary to the policy of express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separate from the
remaining covenants, agreements or provisions of this Ordinance or of the Bonds.
SECTION 25. REPEAL OF INCONSISTENT INSTRUMENTS. All ordinances or
resolutions, or parts thereof, in conflict herewith are hereby repealed to the extent of such
conflict.
Ordin,mCL' No. 7191-0)
13
SECTION 26. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its enactment.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
~pptPmhpr l~J 20n3
Brian J. Aungst, Sr.
. Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
ns to form:
Pamela K. Akin
City Attorney
Ordinance No. 7191.03
14
.
No.
$
EXHIBIT A
(Form of Refunding Bond)
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF CLEARWATER
GAS SYSTEM REVENUE REFUNDING BOND, SERIES 2003
Rate of Interest
Maturity Date
Dated
Date
Cusip
Registered Owner:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that the City of Clearwater, Florida
(hereinafter called "City"), for value received, hereby promises to pay to the Registered
Owner identified above, or registered assigns, on the Maturity Date specified above, the
Principal Amount shown above solely from the revenues hereinafter mentioned, and to pay
solely from such revenues, interest on said sum from the Dated Date of this Bond or from
the most recent interest payment date to which interest has been paid, at the rate of
interest per annum set forth above until payment of such sum, such interest being payable
, _ and semiannually thereafter on the first day of and the first
day of of each year. The principal of and premium, if any, on this Bond are
payable upon presentation and surrender hereof on the date fixed for maturity or
redemption at the principal office of (the "Paying Agent") in
, Florida, or at the office designated for such payment of any successor
thereof. The interest on this Bond, when due and payable, shall be paid by check or draft
mailed to the person in whose name this Bond is registered, at his address as it appears
on the books and records of the Bond Registrar, at the close of business on the 15th day of
the month (whether or not a business day) next preceding the interest payment date (the
"Record Date"), irrespective of any transfer of this Bond subsequent to such Record Date
and prior to such interest payment date, unless the City shall be in default in payment of
interest due on such interest payment date. In the event of any such default, such
defaulted interest shall be payable to the person in whose name such Bond is registered at
the close of business on a special record date for the payment of defaulted interest as
B-1 Ordinance No. 7191-03
established by notice mailed by the Registrar to the Registered Holder of the Bonds not
less than fifteen (15) days preceding such special record date. Such notice shall be mailed
to the person in whose name such Bond is registered at the close of business on the fifth
(5th) day preceding the date of mailing. Payment of interest on the Bonds may, at the
option of any owner of Bonds in an aggregate principal amount of at least $1,000,000, be
transmitted by wire transfer to such owner to the bank account number on file with the
Paying Agent as of the Record Date upon written request therefor by the holder thereof for
the appropriate interest payment date. All amounts due hereunder shall be payable in any
coin or currency of the United States, which is, at the time of payment, legal tender for the
payment of public or private debts.
This Bond is one of a duly authorized issue of Bonds in the aggregate principal
amount of $ of like date, tenor and effect, except as to number,
installments, maturity and interest rate, issued to finance the cost of advance refunding the
Gas System Revenue Bonds, Series 1996A, pursuant to the authority of and in full
compliance with the Constitution and laws of the State of Florida, including particularly
Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (the "Act"),
and Ordinance No. 5118-91, duly enacted by the Issuer on August 15, 1991, as
supplemented by Ordinance No. 03-_ duly enacted by the Issuer on
2003, as amended and supplemented (hereinafter collectively called the "Ordinance"), and
is subject to all the terms and conditions of such Ordinance.
It is provided in the Ordinance that the Bonds of this issue will rank on a parity with
the outstanding Bonds of an issue of Gas System Revenue Bonds, Series 1997 A, dated
October 1, 1997, the Gas System Revenue Bonds, Series 1997B, dated October 1, 1997,
the outstanding Gas System Revenue Refunding Bonds, Series 1998, dated January 15,
1998 and any bonds issued under the authority of the Original Ordinance or the City of
Clearwater Ordinance No. 5665-94 (the "Parity Bonds"). This Bond and the Parity Bonds
are payable solely from and secured by a first and prior lien upon and pledge of the Net
Revenues, as defined in the Ordinance, which consists of the net revenues derived by the
City from the operation of the System (the "Net Revenues") in the manner provided in the
Ordinance. This Bond does not constitute an indebtedness, liability, general or moral
obligation, or a pledge of the faith, credit or taxing power of the City, the State of Florida or
any political subdivision thereof, within the meaning of any constitutional, statutory or
charter provisions. Neither the State of Florida nor any political subdivision thereof, nor the
City shall be obligated (1) to levy ad valorem taxes on any property to pay the principal of
the Bonds, the interest thereon or other costs incident thereto or (2) to pay the same from
any other funds of the City, except from the Net Revenues, in the manner provided herein.
It is further agreed between the City and the Registered Holder of this Bond that this Bond
and the indebtedness evidenced hereby shall not constitute a lien upon the System, or any
part thereof, or on any other property of the City, but shall constitute a first and prior lien
only on the Net Revenues, in the manner provided in the Ordinance.
(INSERT REDEMPTION PROVISIONS)
B-2
Ordin.lIlCl' No. 7191-0.1
Bonds in denominations greater than $5,000 shall be deemed to be an equivalent
number of Bonds of the denomination of $5,000. In the event a Bond is of a denomination
larger than $5,000, a portion of such may be redeemed, but Bonds shall be redeemed only
in the principal amount of $5,000 or any integral multiple thereof. In the event any of the
Bonds or portions thereof are called for redemption as aforesaid, notice thereof identifying
the Bonds or portions thereof to be redeemed will be given by the Registrar (who shall be
the paying agent for the Bonds, or such other person, firm or corporation as may from time
to time be designated by the City as the Registrar for the Bonds) by mailing a copy of the
redemption notice by first-class mail (postage prepaid) not more than thirty (30) days and
not less than fifteen (15) days prior to the date fixed for redemption to the Registered
Holder of each Bond to be redeemed in whole or in part at the address shown on the regis-
tration books. Failure to give such notice by mailing to any Registered Holder of Bonds, or
any defect therein, shall not affect the validity of any proceeding forthe redemption of other
Bonds. All Bonds so called for redemption will cease to bear interest after the specified
redemption date provided funds for their redemption are on deposit at the place of
payment at that time. Upon surrender of any Bond for redemption in part only, the City
shall issue and deliver to the Registered Holder thereof, the costs of which shall be paid by
the Registered Holder, a new Bond or Bonds of authorized denominations in aggregate
principal amount equal to the unredeemed portion surrendered.
If the date for payment of the principal of, premium, if any, or interest on this Bond
shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city
where the corporate trust office of the paying agent is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day
which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions
are authorized to close, and payment on such date shall have the same force and effect as
if made on the nominal date of payment.
(To be inserted where appropriate on face of bond: "Reference is hereby made to
the further provisions of this Bond set forth on the reverse side hereof, and such further
provisions shall for all purposes have the same effect as if set forth on this side.")
In and by the Ordinance, the City has covenanted and agreed with the Registered
Holders of the Bonds of this issue that it will fix, establish, revise from time to time
whenever necessary, maintain and collect always, such fees, rates, rentals and other
charges for the use of the product, services and facilities of the System which will always
provide revenues in each year sufficient to pay, and out of such funds pay, 100% of all
costs of operation and maintenance of the System in such year and all reserve and other
payments provided for in the Ordinance and 125% of the bond service requirement due in
such year on the Bonds of this issue, and on all other obligations payable on a parity
therewith, and that such fees, rates, rentals and other charges shall not be reduced so as
to be insufficient to provide adequate revenues for such purposes. The City has entered
into certain further covenants with the Holders of the Bonds of this issue for the terms of
which reference is made to the Ordinance.
B-3
Ordinance No. 7191-03
It is hereby certified and recited that all acts, conditions and things required to exist,
to happen and to be performed precedent to and in the iss~ance of this Bond exist, have
happened and have been performed in regular and due form and time as required by the
laW3 and Constitution of the State of Florida applicable thereto, and that the issuance of
the Bonds of this issue does not violate any constitutional or statutory limitations or
provisions.
This Bond is and has all the qualities and incidents of a negotiable instrument under
the Uniform Commercial Code - Investment Securities of the State of Florida.
The Bonds are issued in the form of fully registered bonds without coupons in
denominations of $5,000 or any integral multiple of $5,000. Subject to the limitations and
upon payment of the charges provided in the Ordinance, Bonds may be exchanged for a
like aggregate principal amount of Bonds of the same maturity of other authorized
denominations. This Bond is transferable by the Registered Holder hereof in person or by
his attorney duly authorized in writing, at the above-mentioned office of the Registrar, but
only in the manner, subject to the limitations and upon payment of the charges provided in
the Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a
new Bond or Bonds of the same maturity and of authorized denomination or denomina-
tions, for the same aggregate principal amount, will be issued to the transferee in exchange
therefor. Bonds may be transferred upon the registration books upon delivery to the
Registrar of the Bonds, accompanied by a written instrument or instruments of transfer in
form and with guaranty of signature satisfactory to the Registrar, duly executed by the
Registered Holder of the Bonds to be transferred or his attorney-in-fact or legal
representative, containing written instructions as to the details of the transfer of such
Bonds, along with the social security number or federal employer identification number of
such transferee and, if such transferee is a trust, the name and social security or federal
employer identification numbers of the settlor and beneficiaries of the trust, the federal
employer identification number and date of the trust and the name of the trustee. In all
cases of the transfer of a Bond, the Registrar shall enter the transfer of ownership in the
registration books and shall authenticate and deliver in the name of the transferee or
transferees a new fully registered Bond or Bonds of authorized denominations of the same
Maturity Date and Rate of Interest for the aggregate principal amount which the Registered
Holder is entitled to receive at the earliest practicable time in accordance with the
provisions of the Ordinance. The City or the Registrar may charge the Registered Holder
of such Bond for every such transfer or exchange of a Bond an amount sufficient to
reimburse them for their reasonable fees and any tax, fee, or other governmental charge
required to be paid with respect to such transfer or exchange, and may require that such
charge be paid before any such new Bond shall be delivered.
The City may deem and treat the Registered Holder hereof as the absolute owner
hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of
or on account of principal hereof and interest due hereon and for all other purposes, and
the City shall not be affected by any notice to the contrary.
B-4
Ordin;mcc Nu. 7191-03
This Bond shall not be valid or become obligatory for any purpose or be entitled to
any security or benefit under the Ordinance until the certificate of authentication hereon
shall have been executed by the Bond Registrar.
B;.5
Ordinancl! No. 7191-03
Countersigned:
CITY OF CLEARWATER, FLORIDA
IN WITNESS WHEREOF. the City of Clearwater, Florida, has issued this Bond and
has caused the same to be executed by the manual or facsimile signature of its City
Manager and countersigned by the manual or facsimile signature of its Mayor-
Commissioner, and its corporate seal or a facsimile thereof to be affixed, impressed,
imprinted, lithographed or reproduced hereon, and attested by the manual or facsimile
signature of its City Clerk, as of the Dated Date.
(SEAL)
By:
Brian J. Aungst
Mayor-Com missioner
William B. Horne II
City Manager
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
CERTIFICATE OF AUTHENTICATION OF BOND REGISTRAR
This Bond is one of the Bonds of the issue described in the within-mentioned
Ordinance.
By:
Authorized Signature
Date of Authentication
The following abbreviations, when used in the inscription on the face of the within
Bond, shall be construed as though they were written out in full according to applicable
laws or regulations:
B-6
Ordinance No. 7191-03
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of
survivorship and not as
tenants in common
UNIF TRANSFERS TO MIN ACT -
(Cust.)
Custodian for
(Minor)
under Uniform Transfers to Minors Act of
(State)
Additional abbreviations may also be used though not in list above.
B-7
Ordinance No. 7191-03
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned the "Transferor"), hereby sells, assigns and
transfers unto
(Please insert name ar:ld Social Security or Federal Employer Identification number of
assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and
appoints (the "Transferee") as attorney to register the transfer of
the within Bond on the books kept for registration thereof, with full power of substitution in
the premises.
Dated:
Signature guaranteed:
NOTICE: Signature(s) must be
guaranteed by a member of the
New York Stock Exchange or a
commercial bank or a trust
company.
NOTICE: No transfer will be registered
and no new Bond will be issued in the
name of the Transferee, unless the signa-
ture(s) to this assignment corresponds
with the name as it appears upon the
face of the within Bond in every particular,
without alteration or enlargement or any
change whatever and the Social Security
or Federal Employer Identification
Number of the Transferee is supplied.
B-8
Ordinance No. 7191-03
[End of Form of Bond]
B-9
Ol'dinanceNo.7191-03
EXHIBIT B
FORM OF ESCROW DEPOSIT AGREEMENT
B-1
Ordinance No. 7]91-03
ITEM # . .
. .. \ .
. .
. .
. . .
'. . . .
.. . .
'. ~ ~ . .
/1
ORDINANCE NO. 7212-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTION
14.41(2), RELATING TO FlUNG FEES; AMENDING SECTION
14.41(7), RELATING TO QUALIFYING PERIODS; AMENDING
SECTION 14.42(1)(d), RELATING TO COMPLIANCE WITH
LAWS; AMENDING SECTION 14.44(1). RELATING TO WRITE-
IN CANDIDATES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Supervisor of Elections issued a memorandum on September 9,
2003, regarding the scheduling of Municipal Elections in Pinellas County; and
WHEREAS, the Presidential Preference Primary Election is scheduled for March 9,
2004, and the Supervisor of Elections is requiring all municipalities in Pinellas County to
schedule local elections on that date; and
WHEREAS, the deadline for the Supervisor of Elections to receive final ballot
language from municipalities is January 2, 2004; and
WHEREAS. The City Charter section 8.04 provides that qualifying shall be 45 to 60
days before the election, which is after the ballot language is due to the Supervisor of
Elections; and
WHEREAS, Florida Statutes 100.3605 (2) provides that a municipality may change
by ordinance the dates for qualifying; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 14.41, Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.41. Qualification for candidacy.
* * * * *
(2) All candidates must be at least 18 years of age and must have continuously
resided in the city for at least one year as of the first day of the qualifying period. At the
time of QualifvinQ for office. each candidate shall pay a A filing fee of 550.00 iA-tAe
amount provided foHn the city chartef plus an election assessment as required by F.S.
S 99.093.:.. These amounts shall be paid from the candidate's campaign account.
Candidates shall qualify without identification of party affiliation.
* * * * .
Ordinance No. 7212-03
(5) Each candidate shall appoint a campaign treasurer and designate a campaign
depository not more than 180 days before an election, as a prerequisite to obtaining the
petition cards from the city clerk. ::r:he-petitjoR-GarGs-sRa"-be-available-frBm-tR~t-y-Glefk
not-more-t nan-90-days-befor-e-an-electiGR,:,
*****
(7) Candidates may file qualifying papers with the city clerk during regular business
hours at the city hall during the qualifying period specified in the city charter. Any
candidate may withdraw from nomination, but no fee will be refunded. For the City
election of March 9, 2004, the qualifvinq period shall be December 1, 2003 throuqh
December 15, 2003.
Section 2. Section 14.42, Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.42. Compliance with applicable laws.
(1) All candidates shall comply with all applicable provisions of the following:
(a) The federal election laws;
(b) The Public Disclosure and Conflicts of Interest Act, F.S. ch. 112;
(c) Those provisions of the Florida Election Code which are applicable to
municipal elections, including all of F.S. chs. 97,98,104, and 106, and portions of F.S.
chs.99, 100,101, and 102, a detailed listing of which shall be provided by the city clerk
or city attorney to each candidate;
(d) The city charter; and
(e) This chapter and all ordinances 6fla~ter 4"1 of the Code of
Gr-diAances of the city.
(2) The omission of any provision from the above list or from any of the
succeeding sections shall not be construed to excuse the candidates from compliance
therewith in all municipal elections conducted pursuant to this chapter.
Section 3. Section 14.44. Code of Ordinances, is hereby amended to read as
follows:
Sec. 14.44. Write-in candidates.
(1) Any person seeking election by write-in votes. in order to be entitled to have
write-in votes cast for him counted, shall file. the following information in the city clerk's
2
Ordinance No. 7212-03
department, certified under oath, during the qualifying period specified in section 8.04 of
the city charter and herein:
(a) The person's name;
(b) The person's address;
(c) That such person possesses all of the qualifications required by law
for the office of mayor-commissioner or commissioner;
(d) The name and seat number of the office sought; and
(e) That such person will accept the office sought if elected.
(2) Upon providing the information required in subsection (1) of this section,
such person shall be considered a candidate, except that such candidate shall not be
entitled to have his name printed on the ballot.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 18. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
RJJl
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7212-03
)(0/;;5(;t /5/
- .-..... - -. .......
City Com m is S ion
Agenda Cover Memorandum
~ Clearwater
TraJ;.klo.g Number: 175
Actual DaJe: 10/02/2003
Subject) Recommendation:
Approve the program amendments to the FY02-03 Consolidated Action Plan to reallocate
$285,000 in Community Development Block Grant (CDBG) funds to assist with the Wayfinding
signage fabrication and installation for the Community Redevelopment Area and allocate
$185.000 in State Housing Initiatives Partnership (SHIP) funds to Mt. Carmel COlllmunity
Development Corporation.
SUlllrrE![Y~
The City Commission approved the FY02-03 Action Plan on June 20, 2002. Included in the
Action Plan was the allocation of CDBG funds in the amount of $100,000 for the "Gateway
Facade" program and $185,000 for the "City Real Property Acquisition-Targeted Areas" activity.
After reviewing the priorities that we desired to accomplish in the CRA, we felt that it would be
more useful to reallocate those funds to the Wayfinding project.
This allocation of S100,000 was originally intended for facade improvements for the businesses
in tile Expanded Gateway area of the CRA. The $185,000 was originally intended and allocated
for property acquisition in the North Greenwood Target Area. The property tl1at was identified
for acquisition, as part of the Mt. Carmel CDC's Elderly Rental project did not come to fruition.
The City will replace the $185,000 in CDBG funds with $185,000 State Housing Initiatives
Partnership (SHIP) program funds to be used for the development costs associated with Mt.
Carmel's planned development. The City has also allocated $260~000 in HOME Investment
Partnership funds towards Mt. Carmel's project. This project is still in the acquisition and site
planning phases.
The use of CDBG funds to assist with the fabrication and installation of the Wayfinding project
would fall under the category of "Public Facilities and Improvements" and would meet the CDBG
National Objective criteria eligibility under "Slum and Blight" conditions (24 CFR
570.208(b)(1)). Some of the key principles for designating an area Slum and Blight, and using
CDBG funds to address those conditions, include:
- The Area has been officially designated
- The Area has to exhibit physical signs of blight or decay - in the case of the CRA, the blight
and decay is primarily in the area of "Public Improvements" that are in a deteriorating condition
- The area has to have defined boundaries
- The proposed activities using CDBG funds will be limited to addressing those conditions that
caused the slum and blight conditions that contributed to the deterioration
Oriqinating:
Economic Development and Housing
User Deptartment:
Section ~
Consent Agenda
Cateqory:
Other
Finanr.iallnformalion:
~ Clearwater;
c~~;;:-::
. .
City Com mission
Agenda Cover Memorandum
~ Other
Bid Reauired? No
BlQ Other
Exc~Rtions:
O!:h~rC.o_ntrC!.ct?
Reallocation of Funds
In Q.Jrr~nt YeaLEi!'JJ;tget? Yes
13 u d g.e1...
Adjustment:
Yes
Bl.Ld...Qgt Adjustment Comments:
This is a reallocation of funds as contained in the City's FY02-03 Consolidated Action Plan.
Current Year Cost: $285,000.00
Annual Operating Cost:
For Fiscal
Year:
10/01/2002 to 09/30/2003
Total
Cost:
$285,000.00
Not to Exceed: $285,000.00
Aopropriations Code
181-99402-582000-554-000
Amount
$285,000.00
Appropriations Comment
FY02-03 Action Plan - Real Property
Acquisition & Gateway Facade
Review Aoproval
HCARROLL 08/26/2003 12:00:35
CGOUDEAU 09/26/2003 08: 15:11
BHORNE 09/25/2003 22:58:51
ROW ENS 08/26/2003 12:25:43
RSTONE 09/23/2003 09: 18:27
PI'/.2 / &
~ Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
..) :::;:<?;:.:~::~;:(::':..2.
Tra_c..king Number: 147
Actual Date: 10/02/2003
S1Jbj.eJ;J.J Recommendation:
Award contract to Sun Trust Leasing Corporation to provide an S 18,000,000 line of credit to
cover .:III pl.:lnned le<lse purcl1.Jse equipment acquisitions for the 2003-2004, 2004-2005, and
2005-2006 fiscal years; authorize all uncompleted equipment acquisitions previously approved
for financing under the current agreement with Bank of America to be financed under this new
agreement and authorize the appropriate officials to execute same.
Summary~
The City solicited proposals for lease purchase (installment sale) financing for the next three
fiscal years. The bidders bid a percentage of the weekly average index for the three and five
year Constant Maturing Treasury Note (Cf'.1T) as published by the Federal Reserve Board. The
following is a summary of the responsive proposals received:
3 Year Term 5 Year Term
Ashford Capital Corp 163.913% of 3 year CMT 112.5001 % of 5 year CMT
Bank of America 65% of 3 year CMT plus 111bp 65% of 5 year CMT plus 88bp
GE Capital 181 % of 3 year CMT 137% of 5 year CMT
Koch Financial 136% of 3 year CMT 106% of 5 year CMT
Sun Trust Leasing Corp. 127% of 3 year CMT 94% of 5 year CMT
With the exception of items that have a three-year useful life sUCtl as computer hardware,
software and police cars, the lease purchases will be for five years. The City's cost of capital on
June 13, 2003 using the rate bid by Sun Trust Leasing Corporation would be 1.94% for a
three-year term and 2.14% for a five-year term.
The current contract, which was bid in 2000, is with Bank of America, The current three-year
rate is 90% of 3 year CMT. The current five-year rate is 88% of 5 year CMT. It is believed that
the substantial drop in interest rates has caused the proposals' relative rate to the CMT to climb.
Approval of this item does not represent a commitment to borrow. Decisions to lease purchase
specific items of equipment must be budgeted for or approved separately in accordance with the
City's purchasing policy.
Originating:
Finance
User DeRtartment:
Section:
Consent Agenda
Category:
Agreements/Contracts - without cost
Finllnr.iallnfnrmllfinn:
RevieWJ\p.Rrovql
MSIMMONS
08/25/2003
08:26:31
~ Clearwater .. C it Y Com mission
'.' ::';. ~.:;:?:.::~.:;:~'~):::' Agenda Cover Memorandum
PAKIN 09/15/2003 16:22:17
GBRUMBAC 09/19/2003 14:49:11
MSIMMONS 09/12/2003 09:55:20
(':(;01 mEAl J 09/26/2003 08:16:04
BHORNE 09/25/2003 22:56:54
... __ ..... _ ...,_.... ... _.' . > . "'""'~' ~.._ ~. ........~.....'"'-.~._..,. ""_..v.,,..."'~........t-<A"H'" _..........._..........-.-.-..""_................'.........'........_.-:-.-._ ......----:'_._~.._,-..._~."..,-...."",..........___ ,~..~.,_......".........'...,,~ ~,.,... .......... ..'~.~' .."
.
~Cleanvatcr
City Co m mission
Agenda Cover fv1e~orandum
~I ::.~:. /" ~~ ",:,-", . . '. . :.
~""~"~/,-"",,,,..;< '.
Tl\ICkllll,J NlIll1lwl: ;~O~I
Actual Date: 10/02/2003
Subject i HCW'lIlIlCIHhlUOI1:
APPI'OVI.' IlrrflplllllCt. or FY )00'\ LocfJl Law Enforcement Block Grant (LLEBG) funding for two
YCi:lI'li III tlw illllOl/llt ()f '~I ~II, ~07 from the U.S, Department of Justice/Bureau of Justice
Asslnltlllcl',fllHlllw ilPPlnpllt'1le oHlcluls be authorized to execute same.
SW1HIlMY;
1. lhe CIl.!illwlltl" "ullu~ l>uPilrll1H.Hllhas been awarded federal funding from the Department of
Jusllco/BIII"'lll1 01 IlIt,ll(lJ ^!i1il.,t.l/1Cl! In the amount of $154,707 In Local Law Enforcement Block
Granl fllll(!!..
2. The [)t1PI1Itllll,"t will II'." thl~. O"\lIIt to pay the costs for the Cellular Digital Packet Data
(CDrD) fOl (Ill\! Y",lI, 0'\11 Dr thu key pieces of Clearwater's COPS MORE '98 grant, which
provided'" 1 ,.1 1111111011 IIll:Olllplltllr oqulpment, was the CDPD. This service provides mobile
cellular C0/111111llllCiltlOlll, III tlw I'lItrol Cilrs. We have utilized LLEBG funding to continue the
service (or llw p,nt two YOIII'II i"lcl will cia so again with this year's LLEBG award.
3, Special Pro~/r,I"l PI'OJtll.t 1 U1'(.l9:1~", LLEBG 2004, will be established at first quarter to
account for ':111 co~l~ lllld(JI' thl!! \/I'lllll. ^ first quarter budget amendment will provide the
required mille" of $1'/,190 with /I tl'illlMcr of this amount from the Special Law Enforcement
Trust Fund project 101.99331lo pl'Ojocl181-99354, LlEBG 2004,
Oriqlnating:
Police
User DeDtartment:
Section~
Consent Agenda
CategoLYJ.
Other
Finanr.iallnformAllon:
~ Other
Bid Reauired? No
Bid Other
Exceptions:
Other Contract?
Grant $154,707
In Current Year Budget? Yes
Budqet
Adjustment:
Yes
_...-_____-........_-..'+__~___.._.....R".. ..._____
.
;Joi.- If
~;~I
u~J
.....-- . Agenda Cover M. e.~ or a .~_ d ..LJ..~ ... __. ... ""'H"_" ,. .. ..__............._....___..__
Budget Adjustment Comments:
A first quarter budget amendment will provide the required match of $17,190 with a transfer of
this amount from project 181-99331 to 181-99354 LLEBG 2004. Grant $154,707.
C it Y Com m IS S Ion
CurrentYeacCost:. $17,190.00
Ann.L@LQp_era.ting.-.C9.s1:,
IQt2l
~
$17,190.00
Not to Exceed:
8R R.LO J~rl~.t.!Qn~L~
181-99331
Amou nt
$17,190.00
8P-p-roRriations Comment
From 181-99331 to 181-99354. To be
on 10/2/03 Commission Meeting
B~vlew-"\J).PLQY..al
SKLEIN
09/18/2003
09:05:04
CCiOlH:>EAlJ
09/23/2003
08:18:05
BHORNE
09/23/2003
09/22/2003
09/22/2003
07:45:39
TWILSON
09:46:50
GBRlJMBAC
11:04:55
<,
...._.......,'-.. ",-r~,~
fr/3 IV
Cleanvater
City Com mission
Agenda Cover Memorandum
::;~2~~-%3e~
Tr<'lJ;~jng Numbec. 187
AcU)_aLQA_~~ 10/02/2003
5..\.!12Ject / Recommendatto-.O:
Accept a Utility Easement dated June 30, 2003 conveyed by Brown-19, LLC over and across a
1403 square foot portion of Pinellas County Parcel 17-29-16-00000-220-0100, a/k/a Drew 19
Shopping Center.
Summary:
The Florida Department of Transportation (FOOT) new Drew Street overpass and interchange
construction project has terminated direct U. S. 19 access for the Pinellas County Public Works
Yard and businesses located north of Drew Street and east of U. S. Highway 19.
The FOOT project includes construction of a new access road to these County and business
operations.
A Pinellas County Traffic Operations Division warrant study recommended installation of a signal
at the planned intersection of the new access road with Drew Street directly across from the
Drew 19 Shopping Center.
A permanent mast arm type signal and signal cabinet will be constructed within existing Drew
Street right-of-way.
The subject easement grant will facilitate installation and operation of Inductive Loop Detectors
and related electrical services at the shopping center entrance that will govern signal operation.
The easement grant also provides for installation of a temporary signal pole and support guy
until the new access road is completed, following which the permanent mast arm will be
installed.
A copy of the easement package is available for review in the Office of Official Records and
Legislative Services.
Originatinq:
Engineering
User Deptartment:
Section:
Consent Agenda
Cat t;g.Q[y~
Agreements/Contracts - without cost
Public Hearinq: No
Number of Hard Copies
attached:
1
Finanr.iallnformation:
Review Approval
MOIJILLEN
OQ/04/2003
14:3c}:05
~ Clean vater C it Y Com mission
~~
~~~ Agenda Cover Memorandum
.....~.n.._.. __'_~~
GBRUMBAC 09/12/2003 08:21 :46
BHORNE 09/19/2003 23:34:00
GBRIIMBAr. 09/17/2003 lli:~A:S~
CGOUDEAU 09/22/2003 10:00:46
t:t.l
~
ly?e
POINT IY' COWWEHC[WEHT
Nt COR. IY' NW 1/4 IY'""\..
NW 1/4 IY' 17-28-1& ,
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PROPOSED
. -. . .....
UTlLlTY EASEMENT
$
lknown
Scale 1" = 20'
Not A Survey
.
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
MAST-ARM EASEMENT
S.E. CORNER.
U.S. HWY. 19 & DREW ST.
--
LOCATION MAP
MAST -ARM
EASEMENT SITE
EASEMENT LOCATION
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CITY OF ClEARWATER, FLORIOA
PUBUC WORI<S ADhtlNISTRATION
ENGINEERING
~AST-AR~ EASE~ENT
S.E. CORNER
U.S. HWY. 19 c!c DREW ST.
-.. D. KING ... 9/04/03
_If __
E. BARRETT ITEN 187 LOCATE
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u
Appointment Worksheet
For Commission Meeting 10/02/2003
Agenda Number: 2,057
Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of Clearwater
FINANCIAL DISCLOSURE: Required
STAFF LIAISON: Sue Diana
MEMBERS: 7
CHAIRPERSON Sheila Cole
MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA
MEETING PLACE: Commission Chambers
APPTS. NEEDEL:>: 3
SPECIAL QUALIFICATIONS Whenever possible, this Board shall include an architect,
engineer, businessperson, general contractor, sub-contractor &
a realtor.
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Person(s) Appointed will begin immediately with term to:
11/01/2006
Name
Di'lvid Allbritton
lnvr:f' Mnrtin
Georoe Kri'lu!:.e
MPointment Date Attendance Record
04/17/1997
10/01/1998 11 of 12
02/07/2002 10 of 12
Reapj;!ointment?
No
Yp.s
Yes
THE FOLLOWING NAMES ARE BEING SIIBMITIED FOR CONSIDERATION TO FILL THE ABOVE VACANc:rE
Name-Address Comments - Related Exoerience. Etc.
Richard Avichouser Realtor/Investor
865 Gulfview Blvd., Apt. 106, 33767
Peter S. Caffentzis Retired Family & County Court Mediator
2250 Druid Road E, #601, 33764-4963
David W. Campbell Retired Computer Systems Analyst; past member C-View Task Force
2310 Minneola Rd., 33764
Paul Ellis Interior Design/Catalog Layout Design for AAFES
19029 US Hiohwav 19 N.. 9-702. 33764
Louise C. Riley
1620 Drew St.. 33755
Retired (Semi) Estate Planner
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
RECEIVED
FEB 1 2 1996
CITY CLERK DEPT.
-f c:.... \(.- ..-
Name '" L-t;:.
L. iVlftKT( N'
Home Address:
-, '0 t-ibt
!5fC'l(~' U.S. IC'i~' G( }-(O
C t c~'( \.,,1 Ci_~ ZIP: 3 4-b 2-4-
Telephone 53 8: rOo Lf 3
'-------..
---~___z
Telephone
Office Address:
How Long a resident of the City of Clearwater? -!::::> - '( ~
Occupation '<R-~ ~~_...~ .- J..-rcx.J Employer
. L\ r<S2-
Field of Education: U' Other Work Experience:
r~ ~~ w-c Ccnv--~~- f)'fox<Ltrr "v\
D~u--e6-~+~~~ E3ect:.:n\s '..
If retired, former occupation ~d"$ ~ 11 ,J 'Itl(Ll}.."-~ *~" t(c:( d-,~"-.'i)
Co.mmunity Activites: .1:'-( ec;.J{W ~ eLV 3\ (/..,1 I ( (J5S (I. ofRe:t.-~- d klkyal ~Kl' I ~ e,12.S;~'
Sr1otu.-' G (S.9 l..f e(,u.<..~~.~ -Ikra..y~fd ~s~~l.:. . C:nlAU^~~tl ~g
Other Interests: ~ ~ chui;; ~cJ{.,;;t;:c W~ I" C.W 6f-l!,td,xR ,,-.J!l,-,_~
Board Service (current and past) Board Preference:
'Dc.vW ~)CfrB
') ~ tMI~Li~~
(ineligible until 1/25/2000)
~ .' :-.. .
~ \; l,-..{t>'Y c.Q..~IJ.-O....vJ
Additional Comments:
Signed: ~;"\ '''- ~ )Ii {,:{ I!" Date: 2. r:;'J';'<<""Y"i I ',/1 {~
f .,
Please see atta:hed list for Boards that require Financial Disclosure. PLEASE RETURN TH'f }iP~
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 \~t'~S~ /\ '"
q115/97 \}<-v'\+<ed coY\-t'l\ued lvrkres-t- ~~~'x,c0~ \
I /~( \, ,\ "'~
to 3t(d.U60 \~~\~
a. t7 -t- /l, r'--:-n ('II -:- () il '{~' 15 +
.._r e _. : ~.~'-\:: b I 1 ~ '''"''1-, \" ,,' < d J I"i .,,81\ PI."" . -0
I
I
Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY B
(must be Clearwater resident)
V~ ^- Q,v)
Home Address:
I r) r 7 5 (J. S. L:+ I. \ / : :'~. . /' )J:"f' I I :)
."'>f ~., . ' . l'"'-~ ' . . ~
~" ....1 . ""l -.. I
. -, /:' . . I ,..-/- . ':1~, I I.
...j....dJ..J.lJ u., J!,..... : C'fA- . ZIP ~j:':> l ~ t
Telephone: 7 c-)../ - 5'':~ ~? .' '~d. \ ~
How long a resident of Clearwater? .
occupatlon:--Ri.t it OA"J ' f-vl:-' 1/" AW<..Employer:
rj'
Field of Education: Other Work Experience:
~ 1M - (=L'l-'\1..J-ut'I.H., 'Wm.W ~ ~ ~4 I'J
'~ ~,Jk .()Ju:.-~":L~. ~ /lANV\' uv...4 ,>"
~w ~
: (', )
-:r :11' ~, n _H J .AM c.J. '" A !h~
. ~ . .
'. Cl./v\.
Office Address:
Zip
Telephone:
If retired, former occupation:
Community Activities:-.
~
H (!-~,~
Signed:
/tJ/t12/~L
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. 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
, I'~d Gd (l'~ cel~) - V JlA..~ ~I ~11~
c:Lpp-"C .;J..lrlI0~ - Mt\~t:B i . . .
. .
,
I
I
\
I
j
4. Why do you want to serve on this Board?
. &-' ~
. t't--Q..tu..~ Jv"'l'nAJ\..tA.,. v.LA, N'h.
~ef a,t'.J~ !b
~v\'\.,-~~ '
~~.~~'
l~\V .~\~~ ~~
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~5i ~r::-~~'&~
C~~Q - t~} ~~ti-t- tb ~~ a~ . 11...
1L2f ~e' ~ M"'~~~ ~\IAJ
2. Have you ever observed a board meeting either in person or an C-View, the
City's TV station?
~ ~ 0iM'AI.i-'t-\0~'V'},.!'J,-"
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
ill ~tL aJ~ -
,
Name:
,.
? ,/
.~, ~~~ame:
j
!
i
\
j
~
P 't By: CRTR CLHWTR ASSN OF REALTORS; 727 533 8244;
3-lA-OI: 9:37AM;CITY CLE~K DEPT.
05 Apr 01 9:15PM;JOb 195;Page '/5
,/~I co", ~voc II' " -
CITY OF CLEARWATER - APPlICA liON FOR ADVISORY BOARDS
(must be Clearwater resident)
NalT1G: ~ \ e-l..... 'itD
Home Address:
e A VIc...~~~efL
I '- :a.. ,
~u~i=-
€>L-.
Office Address:
I S'~ .., /1'111-\) & I
DUAJeow
Telephone: ~ Q '"' , S" lJ I
Empk>~er: s eLF-
Other Work Experience:
""&0 'I Q.i 7Z.~...~ 6.s T
'Bu I'-OW c....
Zie 3'149,;'
Co\.. \.C'l' no.
Telephone:
Zip 337(,'
Se;S"l,po "4)
HOW long . r8Bident 01 Clearwater? ~ y ~ C\
Occupnon: ""l. b ~ to 1"0 e / I Awl V e :, Tell.
I
Field of Education:
~,.,. u ~ F.
13 lJ .,) I"'" S'.s..s
, .u J " 'I"'-iK. co
If retired, fcm1er occupation: -
COrMlunl1y ActfvitJes: ~ e~ vt!"o "'Ttl -"1' <..
DUJ\) S~ l.u ,q.J;)'(/~tJ (l 'j ~CJ ~() $
Other Internts: '"Rc-r~o...r
Board 5eMce (current and pa8t):
~" 1&.1 ~ AD .., U. 0 Q." R t)
'FI.,) CoIt'L R..'!hl C eo vJ c..U N\ "" I)T ~=-
L-ae.. q <- PL~ AJIAJ ~ ^ '"rN)V
Additional Comments:
~ "2.. "2- 'I n.. oS 0 AI V -1 Illo ",..5
I ~ ~^' FI.JCIfL. i~VlNIt q &.oC.4L. "CMI^,/~
""'..- Co ~I I ~ A S Cl. 10\" III """"'"
BoIrd Preference:
~o A.A _ U"I
(Elq.a)
-{MC-r::A)
,.,.'"
.
~t" 116(. cI f'j&1 &vT' ~.D
SIQ~~L--
Dais:
~- '} -0;
see sttachod list for boards that require Financial Oladoeure at 1m. gf appointment.
PIe.ae retum thla application & board questionnaite for I!sch board l~t9d to: ,.... ,
City Cletk'. Department, P. O. 90)( ~748, Clearwater. Fl 33758-4748 or drop off at City HaU, 2nd '.
Floor, 112 S. Osceola Avenue
(WCG6) Q-/8.(J 1-
(~A~) iO-aS-D\ -
~ ,,6-t Vol C.!; ,'!.~ '. _
.'.1.. C~{))( \ -\"1 v ~
(I"\Ct~) ~ ~/S- t:.'.~ .
,-
oJ Ji... ~*L ~e-L C O\\.l,~L.. ...e.cR. I....,ljl~~
V~ . J- OO\'L;Q-L.A.L~Jl l,t~~
L ~ ,. . _ "
V..Jv~ " c\ (1(-r'I\J' LI\Wd U~
1\ I C""':!l""-"'-<.& L~.t..u...~t-.
., I j;' , , .
, .'1 . ,/1/1
, .
'. I
Sent By: GRTR CLRWTR ASSN OF REALTORS j 727 533 8244j
3-28-01; S:37AMjCITY CLER~ DEPT.
05 Apr 01 9:15PMjJob 195jPage 5/5
j (l.' otl~ "IVtlQ rr "
BOARD OUESnONNAJRE
1. What i. your underGundlng of the b08rd/s duti.J Bod reaponllibilltles?
(e-OB)
Co,"I" Y
~ l.....lJ8
~t~lA.:)
+ J\-" 4 ILfS
/lwc 0 ,..,""&./ D~" lei AJ .so
-
Ie)
<:::..c:)""M. a~ R-Ij}LlCi'l'It.t-U ~ Vf1n L~NO V~B
I ae '2.0'" IAJ .) C ~ ~ eo
2. Have yoU ever oblerved I board meeting either In Pllrlon or on C-View, the
C1W', TV station?
'I~~
3. What bactt9rQl.lnd and/or qu.lifio.tions do yOU htv. th~ you feel would qualify
you to StJfV8 on 1hl. k.rd?
12.w"," 'l'o 0
a. CI ;"'J!!Jltfl.J , '-I c. I::.cIS e D
CJ tV DVAlliDW '-P14 \
.,
FtJlll ~ Y1!:4/lJ (. -'1 ~
(.." AI "T/2.K 1"i1 'L I "Y 1l.J
,-" (....c... 4L""NM.cIJ
c. i.... , n A.1.' :.)
sell fj E!Jf'}
'!? 6Nt. Y
4. Why do you want 10 seN. on thi. &ardl
MY FI"c...o
,,1= ,,,,,"""".j""~ ~(le 1';tfI!ALL.6.L
'0 ^"c.'" v ,.,. ,~ '"
-
or: (50 0 ~..) .
~ +c:. '" ([ .N1 yo
I
&-1 JI.. ~ T I, . 'P'."'~
COM"'" UN' 'r V
/
01= 6,VU/c..
N,me"']?1 c..b ~ ~f) !J"fC.I.o~Oard N.m.:
ill:L~ .,'L
Other Interests:
Board Service (current and past):
~Jc ~~ t ~\.\Jr ~
V' <Lt\~~ 0 (3 \')-~
Additional Comments:
Signed: Q.. ~c.~~
Board Preference: ,
()..,'- ~~ \,~C~ j,~t {>~(rv
~~ u ~
~ \.WY~ .
Date:
1 !;u. /21903
I (
Please return this application and board questionnaire for each board listed to:
Official Records & Legislative Services, 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?
~LL 'ib~cl \u.\l~ b~ (i,~C\N--r In\~ ~ ~-n 1h -~
C\E.\-.(I"'w\\..0~U ~~ \lLL'~ ~ ~n (k CJJ &.. \J ~~,~i::u-n. ~ ~'~'l
\.VU-m \u,~ J) ~ '<~ ~1 k b ~l.t;~ Ipuvn ill ~~ ~J
\ \.) . 6
fr'Uv~ 0.. c\o~;l1-UrY\ n~ t W~~Yi."f ~r(k. u~~~. 4~UJ
a.- \/lO'~_tknl lli- ~(J'~ \\..U l"L.C\.\.1\.n~'C\ t ~ ~ ~~
_~~'! \-L't'll.e~~nn"\ err ~ ~~'t~ ~.-yuJ,JJ..,~,w\"f~~
2, Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
~; ol.~ ~k~M .OJ-~ CM~ l ~_ ~~~,yN~i ~~ ~
i ~ VJ6-J ~\f\}c.&~ I[)\. C V UMJ
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
~~~tn.U ~ (IY\, 1k- ~J~ t't\ ~ T\1e(4.-L ~~ 1'k
VO.-,(\..o.,~\CL'~O~~ ~b ~ ~-x:
~-~(' (j'~lll''i>n;:l ~~ lr- \\.. ~....~ "l ~~yw0:;;y
4. Why do you want to serve on this Board?
'. ,\~wt..o\'-jC~ _.... '"J \ \." <\;. ." ~ ~
cy ~'l.\)\,--,,,~,^-"\.l'y~" t J~ X u..\:1..XJ-.~ ~v \j\ ~J( ~ ~ ,
~ ~~ ~v;J\\ 0.. i~" '\~~ c.... ...~
~~c_"~O>l~\fl. Q, o....,\.~ i,~y&U-\s.CJ)~ ~X~G.
Nam~7<!.t(l,< S:.CI. 0.. {\..,..."T;" ( , Board Name: C, .h E" lr'<<m"->l T
01TV CLERK DEPT.
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
RECEIVED
SEP 2 '1 1996
Name David W, Camobell
Home Address:
Office Address:
2310 Minneola Road
Clearwater. Florida ZIP: 34624
ZIP:
Telephone 725-1276
Telephone
How Long a resident of the City of Clearwater? since 1990
Occupation
Employer
Field of Education:
Other Work Experience:
Computer Science
If retired, former occupation computer systems analyst
Community Activities: homeowners association. Coalition of Clearwater Homeowners Assoc-
iations
Other Interests:
..
i
Board Service (cuReRt and past)
Board Preference:
CERTAF. CVIEW Advisory Task Force
MCEB
Additional Comments:
Slgn'd:~_
Date:
Seotember 27. 1996
PI.a.. .e. attached Ust for Board. that require Financial Disclosure. PLEASE RETURN
THIS FORM TO: City Clerk', Department P.O. Box 4748 Clearwater, Fl34618
9.\'1.,'1 V ~vlh'~ J c crvrt; 'r\ I..i~d \ V\~~S+
~. ~4. 00 ( ( I ( ( I
\1 . I 8' - () \ .Llve e ()) \ ( t I I ,
I ,
, ,'4' ()~) ( ,,'^( t:n') I' , C
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
Review the cases brought before the board and determine whether they
are in violation of the city's Code of Ordinances and/or Community
Development Code.
2. Have )'ou ever observed II board meeting either in person or on C-Yicw, the
City's TV station'!
I have watched virtually all of the monthly MCEB meetings for the past
several years.
3. What background and/or qualifications do you havc that you fccl would qualify
you to servc on this Board?
I have been very active with Clearwater government activities for over ten years
including very close coordination with the Community Response Team in their
establishment and exercise of policies and procedures for code enforcement. I served
as a member of the Code Enforcement Review Task Force (CERTaF), a Commission
appointed body, to refine the City's Code of Ordinances. CERTaF was responsible for
establishing what IS known today as the Community Response Team (CRT). On
numerous occasions I have participated with staff on creation or changing of city codes.
4. Why do you want to scn'c on this Board?
I believe that I can serve the City of Clearwater well as a member of this
board because of my knowledge and understanding of the Community
Development Code and Code of Ordinances. I have an understandinQ of the
purpose of the Board and believe I can contribute significantly to its function.
Namc:
David W. Campbell
Board Name:
MCEB
Name:
FE B 2 1. ~'l!U~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) ,
t: L-el ~)
',)
. '=1- U L
Home Address:
/L)C'-L ~/ LiS tf(; I~ / L) /\,/ 9 - ~7c:i ~
l"(CA[.'tv'ltrErC rL Zip 3; '7~'.L/-
Telephone: 'I J-'7 ~:.:; .~ L t-f 5' B ':,
How long a resident of Clearwater? ,J "r'R~
Occupation:
Office Address:
Zip
Telephone:
..2 1')1 (,S'
Employer:
Other Work Experience:
C/o ,,;.- i;J. .')
I~ {- /(. /JAt=E '3 *'
,q 0 IN I tv. IJ7/./iIO/ e
If retired, former occupation: :7i '7t!:1 tJ/\ j)G.~/6..,~../ _>lJ/)l.Ru".\'GR.. /::tJf2-
Community Activities: Dt:SI &10 ~ .4 (l..\.. \ 'rr\::"~ .' S E-A- U.J4 Lt-, CO ;~Uv1/I( Ec
\' \C d2.E~\ D:& 'T l1U::: U:' A fi... ) f ('-{H 'i)G-lVloC"l TIC-
oTJ,~f'~tIJMt~ r . (lU(~ "(' i: A (), <) J.) f' '/ C:b t~/. ~ K' C/NU{Vj fQ~~
Field of Education:
-pi t- (-\ fI, 1(1 u61~
Di::S IG-tJ <; PI':\C-~
I G::'; l&-tJ
i IV :;: /vTt;(2/tJ {~
PwVv'AJiNG-
Board Service (current and past):
Board Preference:
,J; --'
.,. /;Y' t' E'/v' Fc..1 /JC~lJ12,{j I & (;',41.) D
,
-bEAU t'11=-{e.q7/&N C~'i'V\ lIt1l ITE't:
-
Additional Comments: /1/9 FEr ': -IRI'.J7 ~
-
/111 G;t~oPG
,,)
.' '; e::;~ // .
Signed: :>/ ,Ff..<</ /-;~>c..?.,
c:)-- C/14tVGt..:- _f'E,R l-"/t:.6'
.4/ /?,ct1 ~C./3-
c;d
i.~
/
(..1 .)----
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
('r3(/~(
hc:a. I';'
I, f'1c; Ie- cl
...?.-L--1'.(. ; .' 0"/ f
J?;.
l; J (" /~,_ rdV.f
.
('f /'j
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-'~
t~ .<M? /)
I
1(.
.
/'
t':/
[) f',( t.'JJ a ..) / ~-~ ~; / I ' ,.. e",J/} r p ~-
I ' t:P-
? J"I~ ( tJ
.Y. nIt /t
/"
;,'rc:." b://~iu7r1 ~?f7;'"J,n 'l -r-'h./ ond J'c.Jlv'C-' J
f J....{} ~ /~. I'7A ( ... '. l'", to /' L::' S" (' r 7 Co t/C'J .
$- .40/s A'(I&.f;'/t/ O//t"Iyl// [/1/_ t(('I/~/~,r-'~It~n-/ d>>~1 [)/:t~p/,~C'...(
feri-/l er",' e-/ ~.rP./ r-c T-f ,/
2. Have<you ever observed a board meeting either in person or on C-View, the
City's TV station?
'l"
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
:T 4'fve
C4/017 rlt.14~~1t
tI
Je;'I/~A (;rj/)
(]fJ,WO/eyc->:J
,
6~;d.J
WI r4,
4. Why do you want to serve on this Board?
J '-1/ (J~II,l /" Ire Iff " ~ n /j'l '/;r".I/c.
-Ie;. fl1t
i vI utr) I vt:' r;l
t t.,' t/e
-.J '/9- tn t!
~.I'
/
( I I( ~.
).1,'/
../~
WI IlL
COrM /;,z c:..o 1/1/ . ri/
I/;{ otea..-
......-
..L
II n.? t.
be.
If)n /'cI1
I'Pl
Name: -:- r-~ /)- L--- ElL i~'
I Board Name: ~ 11/~rCt:-11,';UJ7f ,~~ /'t..,{.
?-- ?3 e~ (,,..1 I /~ c a f, (:.~1 (c n-? h/! ,. ~I/e -e
lUt.. i' I! ;,' :<'1
..) ,.., I .; -.. .'- ..)
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
~uvlS6' C. ~1L.a:-y'
Name:
Home Address:
I- ~;l() {) (2E='lu ~J
C /...J~ n f2. I.U s.rrQ'{L ZiD '337 S-~-
Telephone: 7 ~ 7 - '-I LIe. - ~ 716
How long a resident of Clearwater? ~5" <<-
Occupation: R r:T / /2. G /) [ S ~-~,)
Field of Education:
.). t t ~ Lt...c b rS
Office Address:
ZiD
Telephone:
Employer: S ~ L I~
Other Work Experience:
If retired, former occupation: lfSTArfS" fJ}..tfM.4/crt2
Community Activities: 5~t- J'j v/LOtre. +- ~e.c)f {?dOM1
UJ'L SO ,,} Ii A-~ ~dS tr
Other Interests:
Board Service (current and past):
7 '/ L Y I<. (!cJi)e-
Additional Comments:
A-D /YJ . Ce,c()h
~ J
Board Preference:
C()j)~
Signed: ~~. t'. f5lr
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
Date:
p (Z c\/ 10 U ~ eo< f~rc.IG"NCt:
7 12- ;/Jf
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
R.fST I ,~tE"P /}5 PR~.s1 j)~- A/r-
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
,/lF5
3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board?
if / A s /lI3Q V 16
4. Why do you want to serve on this Board?
W J4JT TO S.-~ cnr- \THE' C I ry
Name:
Board Name: M V IV' () ~ r 4'- (! rJP tr e- tV r C> Reg" IP t;A/(f
ITEM # 10
.' ..' .. '.
, . .
. . . .
'. " .'
, ' .
. . '. '
. , .
.' . . .
, '
. . . " .
. '
: ' . ": ';
(Jj()5 2 20
~ Clearwater
-.....~~ /"'.."
U ..... ~/" / ....... j ....... -.,
-0" "-/"'C'~
Appointment Worksheet
For Commission Meeting 10/02/2003
Agenda Number: 2,057
Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: AI Carrier/Public Works/Admin.
MEMBERS: 5
CHAIRPERSON Sandra Jamieson
MEETING DATES: 3rd Wed., 4 pm
MEETING PLACE: Commission Chambers
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS None.
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Person(s) ApPointed will begin immediately with term to:
08/31/2004
Name
();lVirl Rh;m1p - (()Pr:PilSPrl)
Appointment Date Attendance Record
OQ/OS/l Qqn
Reaooointment?
No
THF FOil OWING NAMFS ARE BfING SIJBMTTTH) FOR CONSIDERATION TO FILL THE AROVF VAC:ANc:TF
Name-Address Comments - Related Experience. Etc.
Richard E. Avichouser Realtor/Investor
865 Gulfview Blvd., Apt. 106, 33767
Norma R. Carlouqh. Retired Insurance Aqent
1756 Ashton Abbey Rd., 33755
Mano] Haresh Shewa Computer Info. Systems Instructor
675 S. Gulfview Blvd., Unit 306, 33767
~ Clearwater
- ... ./"'... /""0.. /""0.. ~ f'oo... ;
U ~ ..... ./ :'-../ ~ ....../ ......~ :
"V" '--/' ~~ ;
Appointment Worksheet
For Commission Meeting 10/02/2003
Agenda Number: 2,057
Municipal Code Enforcement Board
TERM: 3 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT City of Clearwater
FINANCIAL DISCLOSURE: Required
STAFF LIAISON: Sue Diana
f'ilEMBERS: 7
CHAIRPERSON Sheila Cole
MEETING DATES: 4th Wed., 3 p.m. Nov. and Dec. - TBA
MEETING PLACE: Commission Chambers
APPTS. NEEDED: 3
SPECIAL QUALIFICATIONS Whenever possible, this Board shall include an architect,
engineer, businessperson, general contractor, sub-contractor &
a realtor.
THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHE
REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Person(s) Appointed will begin immediately with term to:
11/01/2006
Name
David Allbritton
lnvrp Mnrtina
Georae Krause
8P-p-ointment Date Attendance Record
04/17/1997
10/01/1998 11 of 12
02/07/2002 10 of 12
Reappointment?
No
Yp.s
Yes
THE FOLLOWING NAMES ARE BEING SllBMITTED FOR CONSIDERATION TO FILL THE ABOVE VAC:ANl.IE
Name-Address Comments - Related Exoerience. Etc.
Richard Avichouser Realtor/Investor
865 Gulfview Blvd., Apt. 106, 33767
Peter S. Caffentzis Retired Family & County Court Mediator
2250 Druid Road E. #601, 33764-4963
David W. Campbell Retired Computer Systems Analyst; past member C-View Task ForCE
2310 Minneola Rd., 33764
Paul Ellis Interior Design/Catalog Layout Design for AAFES
19029 US Hiahwav 19 N.. 9-702. 33764
Louise C. Riley
1620 Drew St.. 33755
Retired (Semi) Estate Planner
P ~t By: DATR CLHWTA ASSN OF REA~TORS; 727 533 82~4;
3-2&-01; 9:37AM;CITr C~ERK DEPT,
05 Apr 01 9:15P',~;JOb 195jPage 4/5
, /'/.! ~o.:. ~voo ",,-
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: ";( ~ c..l... 'Ill) e A V Ie.. ~~~H'~ eQ
Home Address: OfficI! Address:
I L- )..., co u t., i=- @> L... I St$ -, /\1., to\) S I
C'-~~ Zip 3~7{p, PVN .sow ZiD 3'ibYJ-'
Telephone: S.,S...c.o &.4') Telephone: frC),",' S"6"" I
How long . resident of Clearwater? ~ '/ ~
OCcupation: ""i. ~ ~ t.. """'to e / I A.! V ~ ,) ,..~ It. Employer: S e c.. P-
I
Field of Education: otherWonc Experience:
~.., . u ~ F. 13 ~ S ,'V e.s..s -&0 )I Q.I 7Z-&'/f' (. ~.s T , .u J II l1~riI<:. E"
au I'-OW <:-
If I'GtJred. fDm1er oc:eupBtion: -
COmmunity Acttvities: ~ e~ v~o -n> -'-1' (... ~
Ou", 8 ~ l.u f9..pV/~D rl 'j (!>CJ fWDS
Other Intpsts: '"Re......V
Board 5ervIce (current end pa8t):
M_A 1&.1 -A AD .., lS. 0 Q. 'f B.D
1=1.) Co... L rt.~ '" c ~ \AI c-u M N\' "l'Y" ~~
L- CJC.. q (.., P u..AJ AJ I"" ~ ^ "f~ C{'
Additional Comments:
'2.."2..
y 1l...5 ON v.,. flto",..-S
F/.$(.fL I.~Vlpc,J. q ..OC.4L "(.i.U",/~
1lI'-'9N C.~I ) ~ "'AS c."'''.a.~
I ~ aN
80Ird Preference:
~o AA. ....... \.1"-1
(E: ~ ~
-{f'/\c...~B)
l" '-I
.
-pe' \I a (.. tI "Jf1 s~/r ~.D
Slg~L-
Dal&:
'f- .,-c>;
see sttachGd list for boards that require Financial Dlacloeure at tin. crt appointment
PIe.lIe return thla appllC8tlon & board questionnaire for each board Uet9d to: ,-" ,
City Clerk', Department, P. O. Box 41748, Clearwat.r, FL 33758-4748 Of drop off at City Hall, 2nd...,
Floor, 112 S. Osceola Avenue
(vUCG6) q. I 8 . (J I -
('~t:-\~\ IO-a.S-D\ -
.'" t"-lc.f;\~) .
r.L'Db)6- \ . \'1 - (:,.\. -
(1.1\( t~) g - IS- t:.o:~ .
.
V'-~~fi. I \..J;..e-L CO),\f..LA-l....e.c-e L.tJ..UU.,~*
V~c I ~J.- (]O"L*-~l~~ L~~Lt~
V .Ji..,~ '. c\ C CT)ct LJI. W d l..{~
\ , c. "'...:! I "'" 1.0.,.(" J ll-ot ,t..u...ct- .
.\ I :i
~ :; Jill
.
. ;
Sent By: GRTR CLRWTR ASSN OF REALTORS j 727 533 6244j
3-28-01i e:37~UjCITV CLERK DEPT.
05 Apr 01 9:15PMjJob 195jPage 5/5
i (t. ( tl~~ 'tUDQ 'T L' ..
BOARD QUESnONNAJRE
t'l...c 0 M""l4W 0"" kJ ~ .s.
(~OB )
~."I" )1
1. Whet i. your under&"ndlng of the board's duti.. and rOllpDn8ibilltles7
1<evle:~
+ AA4.c:..
-
au
<:.dN'l.,.A.\. oAJ R-IPLlC."f"l'It.1U ~ ~tln Lito^'O VJ.S ~L.."V8
~ 0 e '2..a.<\lIAJ ~ C ~ ~ ~
2. Have you ever oblerv8d . board meeting either in PIUScm or on C-ViIlW, thll
CIW', TV atation?
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3. Whit backs round and/or qualificltions do you hay. that you feel would qUalify
you to sotVo on lhl. eo.,d?
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CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(m!Jst be Clearwater resident)
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Additional Comments;
Signed:
l'.-1lli"L (:Y.( LJ
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Date: '7. ,:'3 / . 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
RECEiVED
8/13/01 - verified continued interest in EAB & LIB
~\lY CU~Rl< DEPI-\HrMF.\\fr
BOARD QUESTIONNAIRE
1. Whatis your understanding of the board's duties and responsibilities?
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City's TV station? -. ,
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CITY CLERI( DEP::\HTMENl'
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAR~N
(must be Clearwater resident)
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Name: fV1AN C'-f
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Occupation: (f.I"",P\.l,TGK, 'trJrO' ,S'fnl!n\'s IN~U'4(.:tc:1o! Employer: t:ov~A"IO." nMr:~lt':l . ''iAMP.~ TI~'H.
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Board Service (current and past):
Board Preference:
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Signed:
r~
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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
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
tht" b(la'fd'~ rlut.""" c..nl~ '1ejoOt'Sdl;h~ "Ie.. to rnA;...,lA,'-" P(1.s;h'...~
Hl"t\l.:l\.d,:p ~<.tw<..c" C;~3""'..lo c:t c.le~"'...I._r..V" c..,d c:.rj'S G.ll).~'(..."",,",,,(-.
Tho! bC\,-"d Y'o>p",!>~...r.L' [\nJ loclz.~ O.llC' ISJ~(.'.1 ~hc..r C,,(1J ;""fOtti:.....1
t-v +he olld',^nU ..,c-'" t e>b C \ ~ C Ie".v....,...rw"''''d . t." c~ \- i~~ ~.s
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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4. Why do you want to serve on this Board?
As", 'Ie'............,e....i,.('''. ..c2.,,~cU~t- ~ +hl! f"~~ 12 '-J~".! :c hCllMi!
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tu.,j.~~.s c^~ a~ c..\e"..oJ....f'ioy c;"",d \\-1 '(ts,~I'Io'lt-~
Name: M("t\~j S ""\J'"-
Board Name:
~ Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
I~' ~~:~~~.~;.~j-s
Tracking Number: 230
Actual Date: 10/02/2003
Subject / Recommendation:
Authorize payment of a judgment rendered by the Circuit Court of Pinellas County in favor of
Oakhurt Construction Company in the amount of $78,068.44 plus interest.
SUIlJmarv:
On October 11, 2002, a judgment was rendered in the case of Jeffrey Arthur Jones Corp. v.
Oakhurst Construction Company v. City of Clearwater, in favor of Oakhurst Construction
Company.
The City appealed this judgment, and on September 12, 2003, the Second District Court of
Appeal affirmed the judgment of the Circuit Court and ordered payment of the judgment and
interest, which is accruing daily from the date of the judgment.
As of September 16, 2003, the total amount due was $78,068.44. Interest is accruing in the
amount of $16.16 per day.
Originating:
City Attorney
User Deptartment:
Section:
Consent Agenda
Category:
Other
Public Hearing: No
Number of Hard Copies
attached:
o
Fin:lnr.i:lllnfnrm:ltinn:
~ Other
Bid Required? No
Bid
Exceotions:
Other
Other Contract?
Judgment
In Current Year Budget? No
Current Year Cost: $78,391.64
Budget
Adjustment:
Annual Ooeratina Cost: $0.00
No
E.Qtlls~'&
~
10/01/2003 to 10/01/2004
(J1I1- 2/
.
~ Clearwater.
City Com mission
Agenda Cover Memorandum
l~ ..~.:.,"~~.::.._.::.......
':-::.,~~.../"... - ......,- ......~:...:~:..
Total
Cost:
$78,391.64
Not to Exceed: $78,500.00
Appropriations Code
590-07000-545900-519-000
Amount
$78,391.64
Appropriations Comment
Review Approval
PAKIN
09/23/2003
14:26:03
CGOUDEAU
09/25/2003
15:13:46
TWILSON
09/25/2003
Oq:~q:ln
flfrt.J2
~,C~rwater
City Commission
Agenda Cover Memorandum
1...1 -- -:. ~ .-. : " - .
Trackina Number: 226
Actual Date:
Subiect / Recommendation:
Authorize the negotiation of a contract for health insurance with United HealthCare under a fully
insured funding arrangement for the contract period of January 1, 2004, to December 31, 2004,
at a total not to exceed cost of $14,750,000 [this includes both City ($9,925,000) and
employee/retiree/COBRA/Out-of-Area ($4,825,000) premiums], and continue the mental
health/substance abuse and EAP coverage contract with Bradman/Unipsych at an estimated cost
of $194,000 ($172,000 for current employees and $22,000 for retirees and COBRA) for the
contract period of January 1, 2004, to December 31, 2006, maintaining the City's current
funding strategy.
Summary:
The contract with the City's current medical insurance provider, United HealthCare, expires on
December 31, 2003. In early 2003, United HealthCare proposed a rate increase not to exceed
19.5% with an increase in prescription co-payments if the City agreed not to go out for RFP.
Since the City anticipated an increase in excess of 30% and was pleased with the level of service
provided by United HealthCare, the City agreed to this proposal.
The Benefits Committee evaluated various plan changes in an effort to lower the rate increase
further. By a vote of 8 to 7, the Benefits Committee voted to accept the option that would
increase the HMO Standard rates by 10.22% and the HMO Buy-up rates by 19.5%. This option
includes an increase in the co-payments for inpatient and outpatient hospital stays, emergency
room services, ambulance services, urgent care, and prescriptions. Staff and the Benefits
Committee recommend United Healthcare be awarded a one-year contract to provide medical
insurance coverage for calendar year January through December 31, 2004.
Additionally, staff recommends Bradman/Unipsych be awarded a three-year contract to continue
EAP and mental health/substance abuse coverage for City employees and their covered
dependents for January 1, 2004, through December, 2006. This renewal would be without a
rate increase.
For fiscal year 2004, the City has budgeted approximately $9,760,000 for the City's share of
both medical insurance coverage and EAP/Mental Health/Substance Abuse coverage. The City's
estimated share of these expenses for FY 04, which covers three months of the current contract
and nine months of this proposed contract, is $9,860,000. The difference between budgeted
and actual costs, estimated to be $100,000, will be paid out of the Premium Stabilization Fund.
Costs related to this contract for coverage from October through December 2004, estimated to
be $3,736,000, will be budgeted as part of the fiscal
year 2005 budget.Staff also recommends that the current funding strategy for City contributions
to health care of 100% for HMO Standard "Employee Only," 75% for "Employee plus One," and
68% for "Employee plus Family," with the same dollar amounts calculated in the HMO Standard
plan applied to the tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up plans be
maintained.
Oriainating:
Human Resources
User Deotartment:
~4thrwater
~ ~:;";.~'~8.::;~.._..::---~_.
.. ~..-..~~~.~.~
City Commission
Agenda Cover Memorandum
Section:
Other items on City Manager Reports
Category:
Agreements/Contracts - with cost
Financial Information:
Tyoe: Operating Expenditure
Bid Reauired? No
flid... Impractical to Bid
Exceptions:
In Current Year Budget? Yes
~
~
$14,944,000.00
Aporooriations Code
590-0700-545600-519-000
590-07000-545601-519-000
Review Aooroval
TWILSON
CGOUDEAU
If)~
Amount
$14,750,000.00
$194,000.00
09/25/2003
09/25/2003
"/~r/JDI'
Budget
Adi ustment:
Not to Exceed:
No
Aoorooriations Comment
12:29:48
16:34:40
1/: "
. .
j)51 :23
- , /-'.. - ..-
C it Y Com m IS S Ion
Agenda Cover Memorandum
Cleanvater
TrCjcking Number~ 188
Actual Date: 10/02/2003
Subiect / Recommendation:
Pass on first reading Ordinance 7183-03, revising Appendix A, Building Permit Fees, Code of
Ordinances.
SJJnlf}1_.;IjY
Fire and Development & Neighborhood Services Departments have jointly proposed the
co-location of the Fire Plans Review function by moving it physically from the Fire Marshal's
Office to the l'vlunicipal Services Building. This program involves two full time fire plans
reviewers, certified in accordance with Florida Statutes that empower the Fire Marshal to review
all commercial plans (which includes multiple family residential; single family residential are
excluded)for compliance with the Life Safety Code requirements. The authority remains with the
Fire f\1arshal, while the daily operations are to be managed by the Building Official within the
Development & Neighborhood Services Department. The benefits are more timely reviews,
effectiveness and efficiency in reviewing building plans and issuing permits from a one stop
location. The proposal involves a budget of $102,990 for the fire plans review program.
The current proposal includes an 11 % increase in building permit and plan review fees for
commercial projects, that will generate approximately $102,990 of additional revenue to pay for
the fire plans review program.
In the last two fiscal years, the Development & Neighborhood Services Department received the
following in revenues for building plans review and permit fees for commercial projects:
FYOO/01: $ 1,037,061
FY01/02: $ 842,679
Average for last2 years: $ 939,870
Proposed revenues for FY04 for commercial projects: $939,870 102,990 = $1,042,860
Attached is the proposed ordinance no. 7183-03 for approval of the fee increases. Also, attached
is a comparison table of similar fees in four other comparable communities in Florida: St.
Petersburg, Largo, Orlando, and Tampa. The City of Clearwater Chamber of Commerce, Pinellas
County Construction Licensing Board and the Contractors Association have verbally given their
support of the proposal in an effort to provide better service.
Or.ig inaJiDg;
Devel/Neighborhood Services
User Deota rtment:
Section:
Other items on City Manager Reports
Categorv:
Code Amendments - All
Public Hearing: Yes
Number of Hard Copies
flU_ached:
2
~ Clearwater
-. - - - -
',' ":':.'~""'~.~,:~~~:~.>~::.2
City Commission
Agenda Cover Memorandum
Advertised 09/21/2003
Dates:
Financial Information:
Review AQQroval
lKRONSC:H Oq/05/200~ 14:20:56
GBRUMBAC 09/17/2003 11:40:13
r:c;OIJDEAIJ 09/22/2003 OQ:4R:IR
MSTMMONS 09/18/2003 10:lQ:2R
TWTLSON 09/18/2003 n:02:5~
BHORNE 09/19/2003 23:36:26
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ORDINANCE NO. 7183-03
AN ORDINANCE OF THE CITY OF CLEARWATEI~ FLORIDA,
I~ELA TING TO THE BUILDING AND DEVELOPMENT REGULATIONS;
AMENDING APPENDEX A SCHEDULE OF FEES, RATES AND CHARGES
RELATING TO SECTION ~7.08~(~); PROVlDl;\;G AN EFFECnVE DATE.
BE IT ORDAINED BY THE CITI' COMi\llSSION OF THE CITY OF
CLEAR\V A TEIt, FLORIDA:
Scclion I. Appendix A, Schedule of fees. Rates and Charges, Code of Ordinances. are amended to rcad:
APPENDIX A-SCIIEDULE OF FEES, RATES AND CIIARGES
(1) Permit fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting. wallpapering, paneling over existing walls.
and tile nor where the valuation of labor, materials, and all other items not exceeding $500.00 and the
work or operation is of casual, minor, inconsequential nature, and does not violate any city codes or
ordinances, or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25.
(b) Valuation for all construction shall be based on the contract value. The current Southern Building
Code Congress International's valuation tables may be used if no contract is submitted with the permit
application.
(c) Where no permit fee is stated. the same shall not be interpreted as an intention to waive any
requirement for a permit or fees for a permit that may be stated elsewhere in the city's Code of
Ordinances.
(d) Prior to starting any electrical, gas. plumbing, mechanical, roofing, or other work under a combination
permit. the contractor or the subcontractor engaged to do the work shall file with Development
Services a form showing the name and certification number of the subcontractor, the subcontractor's
occupational license number, the combination permit number, the job address and other related
information as may be required by Development Services. Failure to file such form or provide such
information shall be cause for the refusal of inspection services. and the issuance of a correction
notice with the appropriate fee. .
(2) Fee schedule. In the case of reviews, inspections and similar activities associated with building and related
codes requiring a permit, the following schedule of fees shall apply:
(a) Plans examination fee:
1. Multifamily and commercial, based on construction valuation of:
a. $100,000.00 or less........... ............................... ............. ....... .......... ......"....... ..... ...... ...44,00 4MG
Plus, per $1,000.00 or value or fraction thereof............................................................3.90 UG
b. Greater than 100,000.00 but not exceeding 500,000.00...........................................380,00 34G;OO
Plus, per $1,000.00 of value or fraction thereof............................................................2.80 ~
c. Greater than 500,000.00 but not exceeding 1,000,000.00.._...................................1275,00 -144G;OO
Plus, per $1,000.00 of value or fraction thereof...................,........................................2.25 ~O
d. Greater than 1,000.000,00.... ,..,........ .....',...... .......,.., ......, "., ,.................,................2050.00--1-89GrGO
Plus. per $1000.00 of value or fraction thereof..............................................................1,65 +..60
2. One or two-family residential projects:............. ........................,....................,........... .................... ...16.00
Plus, per $1,000.00 of value or fraction thereof.................................................................................1.00
(b) Plan amendments; Residential, multifamily and commercial projects:
1. Change to permitted plans, per hour...............................................................................................53.00
2. Duplicate permit placards, each................... .....,......................,., ,........ .......... ........,.. .... .,... ..... ...,.....16.00
3, Change of contractor, per contractor..................,..................... .........,.. ......", ......,.... ...,...,..............,26.00
4. Review replacement plans, per hour. ............... ................".,...,. .........'..... ..,....... ........... .,..............,,53.00
5, Field reviewed plan amendment. .... .,...,.,..."... .",..".., ...,."..,....,......"..",.... ........,....,..",..,...............26.00
(c) Certificates of occupancy:
1 One- or two-family dwelling, per unit.............. ..............................................................................11,00
2, Multifamily and commercial, per application....., ,.....,....,... ...".............."".....,......,..",.....................,26,00
3, Conditional certificate of occupancy, per condition..........................................................................32,00
4, Replacement or additional copy
a. One or two-family dwelling, per unit..........,..............................................................................,..11,00
b, Multifamily and commercial.."..,.... .........,........ ......,......,.., ..... ............ ...... ................".., .............. 26,00
(d) Special Inspections:
1, Change of use or certificate of occupancy inspection per trade......................................................37,OO
Maximum fee,..,.",.",.."".""..,..,..".,.."......,.".",..,.,.,......""",...".."...".,.,..".....,..,.""",.,....,...,...."" 7 4,00
2. After hours or weekends, per hour, per inspection..........................................................................53,00
Minimum fee, per inspection...........................,............, .......' ...., ............. ........... ............... ........., ...1 00,00
(e) Refunds:
1. Permits under $40,00, unless issued in error by city...............................................................,No refund
2. Work has commenced, or permit is over 90 days old..............................................................,No refund
3. All other permits.......................................................................................Refund of fee paid, less $40,00
(f) Permit fees:
1. Per structure, based on construction valuation of:
a, $100,000,00 or less..................................................,..................,..........................,....33,00 3MO
Plus, per $1,000.00 or value or fraction thereof............................................................7,25 6:-60
b, Greater than 100,000,00 but not exceeding 500,000,00...........................................700,00 630,00
Plus, per $1,000.00 of value or fraction thereof............................................................6,15 e:.eo
c, Greater than 500,000,00 but not exceeding 1,000,000,00......................................2940,002630:00
Plus, per $1,000.00 of value or fraction thereof............................................................3,90 3-:-60
d, Greater than 1 ,000,000.00......................................................................................4600.004-1-30:00
Plus, per $1,000,00 of value or fraction thereof.............................................................1,65 +.-60
2, This fee applies to all types of permits, with additional costs of $30.00 per trade
or permit type for combination permits. Exception: No additional fees for swimming pools.
(g) Miscellaneous permits:
1. Mobile home, mobile office, construction trailer, sales trailer, etc.
a, Building permit (tie-down and site placement)..........................................................................37,O0
b, Electric permit..,.............,.,.,...,....,.............,..........,.,.,."..................."...........,........,.,...,.....,..,.... 37.00
c, Gas pernlit...........,...,..,.,..,......,.."...............,.,......,...,..,....,..,.,........,........ .....,......,'..,.".,.."",.",. ,37.00
d, Plumbing permit.,."..,.,..,...",."...,...,.."..,....,.,.",....",......."....,...,.......,.,.....,.......,.",...,.."..,...."., 37,00
e, Mechanical permit.",....,.."",.",.""..""...,...,.,..,...,.".,."""....""...""....,........, ......,...."..,..,.....,., .37.00
2, Temporary power pole, not in conjunction with combination permit................................................37.00
3. Tent permit (may require electric) up to 20 ft x 40 ft...........................................................45.00 4(},OO
Tent permit (may require electric) greater than 20 ft x 40 ft...............................................,55.00 60:00
4. Demolition permit.....................,.........,.........,..........,...,.................,.........".....................",...."........ ,53,00
Plus, per square foot in excess of 1,000 square feet.........................................................................O,1 0
5. House move:
a. Application.............................,........ ......,..................,.........,..,.........,....,.. ..........,.......,.............. ..53.00
b. Pre-inspection.............................,.....,.,........,......"......,.."..........".......,...."..,..,..,...................,.. 53,00
Plus, per mile outside city...........,..... ............... .......". ".,.", ,............. ....,.........,....... .,.....,.....,.",...0,30
c. Remodeling permit, for setting house on lot, see sub paragraph (2) (f) permit fees
6. Swimming pool permit, aboveground pool (for all work involved)...................................................,37.00
7. Zoning verification letter, per letter.. ......,.."..,...,......... ...............,.... ....... ....... ........ ,.. .............., ......... 25.00
8. Project research, per hour (not to exceed eight hours without
Commission approval.......,..,........,.................,....."....."...,..,.........,.",...",..."....,.",.,...",..""..",.". ,26,00
(h) Building Official may assess special fees per written policy for:
1. Work not ready for inspection (reinspection fee):
a. First occurrence.................. ............... .......................,..........,...........,..............,.........,....",........ 32.00
b. Second or subsequent occurrence...,.,..............,.,...................,.....,........,"....,.....,....................80.00
2. Follow up on permit:
a. Failure to request inspections................................................................................50% of permit fee
b. Minimum fee............,.........,.,.,...,.......,."...,.,.,..,...".,.,........,..,..,.......,.,.,..,.....,..,..,....."..,.."......,:37 ,00
3 After-the-fact permit:
a, First occurrence,..........,.................................................,..".............".................... ..:Triple permit fee
b, Second or subsequent occurrence by the same contractor, any job
2
site in city.......,...........................................................,...................,....................,10 times permit fee
4, Filing service fee, for notice of commencement
(this is in addition to county clerk's charges)...................................................................................,10,00
(i Permit extensions:
ii( Permit expired:
A. Less than 30 days.............., ................................... ................,..................... ..... ............ ..No fee
B, More than 30 days, but less than 90 days.......................................................................,30.00
C. More than 90 days (fee based in value of work to be completed).....................New permit fee
2. Exception, if only finals are needed...................................,.....................................,........................30,00
(3) As used in this fee schedule, .combination permit" means a permit for construction privileges, conditions and
restrictions for two or more trades or permit types, for which proper approval has been granted by the city and
for which proper fees have been paid.
Filing fees for appeals:
(1) Appeal to the construction/flood board of adjustment and appeals..........................................................................130.00
(2) Appeal to the city manager...............,.. ..............,. .......................... ......................,...,.........,..,........,..............,... ....... ...55.00
(3) Appeal to the city commission........................ .......... .......,....... ..... ...... ..................................... .......................... ...... ...55.00
Section 2. This ordinance shall be effective immediately upon adoption.
PASSED ON FIRST READING
.2003,
PASSED ON SECOND AND
FINAL READING AND ADOPTED
.2003.
Brian J Aungst, Mayor -Commissioner
Approved as to form and Attest
legal sufficiency:
Leslie Dougall-Sides Cynthia E Goudeau
Assistant City Attorney
City Clerk
3
(;(1 j1-/
~ Cleanvater
City Co rn m issio n
Agenda Cover Memorandum
,-. .:. ~..: ::':~:,:_;?:::';.'~: ~'::::;
Ira.!:E!lg_t:.JlilllbJ~L; 200
Actu~tLQ~te~ 10/02/2003
~JJ bJt; ~.tLR~.!:p.OJm~lldQ ti 0 JJ..;
Pass on first reading Ordinance 7211-03 amending Clearwater Code of Ordinances 2.322,2.325,
2.328, 2.329, and 2.332 reg~rding reimbursement and payment of travel costs.
Summary:
City travel is currently governed by Section 2.321 through Section 2.332 of the City's Code of
Ordinances. Section 2.325 refers to Florida Statutes 112.061(6) when it comes to determining
the amounts to reimburse the traveler for meals. These rates are 53 for breakfast, $6 for lunch,
and 512 for dinner, for a total of $21 per day. These rates have not been changed in 22 years
ane! are not sufficient to reimburse the traveler for expenses incurred.
A State Auditor General (AG) opinion from 1974 stated that a municipality may, pursuant to the
JVlunicipal Home Rule Powers Act, enact per diem and travel allowances that vary from Florida
Statute 112.061. However, a 2003 AG opinion reverses that opinion and states that while a
municipality may legislate on the subject of per diem and subsistence allowances for
governmental travelers, the rates established by 112.061 may not be exceeded.
Legislation was passed this year which enables the City to prescribe it's own rates.
On Hay 15, 2003, the City Commission approved in concept that the City enact new rates as
those issued and updated by the General Services Administration (GSA) which are the rates
used by federal government travelers. These rates are location specific, and are updated
annually and readily available on the Internet.
The GSA rates for meals and incidental expenses (M&IE) are meant to include meals, taxes, and
tips for meals, baggage carriers, hotel maids, etc. The 2004 GSA daily rates for M&IE range
from $31 - $51 per day, depending on location. That breaks down to breakfast ranging from
$6-$10, lunch from $6 - $12, and dinner from $16-26, plus $3 for incidentals.
We would continue to reimburse the actual expense for lodging, transportation, tolls, parking
and business related communications.
We have added reimbursement for lip to $2.50 per night for telephone calls home.
The traveler would continue to be responsible to only incur those expenses that are necessary
for the performance of the official business. Excess costs would be the responsibility of the
traveler.
Mileage will continue to be paid at the IRS rate (currently $.36/mile).
Originatino:
Finance
User DeDtartment:
Section:
Other items on City Manager Reports
C.Q.te_g9 ry";'
Code Amendments - All
~ Clearwater!
.:. '.;:':::;~~~:;;~~~j~~
Finanr.iallnfnrmalinn:
Review Approval
MSlt-1MONS
r:r,m IDEAl J
BHORNE
MSlt-1MONS
GBRUrvtSAC
C it Y Com m is s ion
Agenda Cover Memorandum
09/18/2003
09/23/2003
09/23/2003
09/18/2003
09/22/2003
13:25:30
OA:lg:~S
07:46:51
13:26:01
11:02:54
rff111
ORDINANCE NO. 7211-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OFFICIAL TRAVEL; AMENDING SECTIONS
2.322, 2.325, 3.328, 2.329 AND 2.332 AMENDING THE RATES
OF SUBSISTENCE ALLOWANCE; AND PROVIDING FOR
CERTAIN OTHER MATTERS IN CONNECTION THEREWITH;
PROVIDING FOR EXEMPTION FROM FLORIDA STATUTES
SECTION 112.061; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the cost to travel on official business has increased; and
WHEREAS, the City of Clearwater, Florida wishes to reimburse
authorized travelers for the cost of official business travel in a manner consistent
with current pricing; and
WHEREAS, the Florida Legislature in Laws of Florida Chapter 2003-125
has authorized local governments to exempt themselves from the provisions of
Florida Statutes Section 112.061 (2003) and to adopt their own policies
regarding the per diem and travel expenses of their travelers; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Sections 2.322, 2.325, 3.328, 2.329 and 2.332 of the Code of
Ordinances, City of Clearwater, Florida, are hereby amended to read as follows:
Sec. 2.322. Authority to incur travel expense.
(1) All travel must be authorized and approved by the city manager and the head
of tho agenoy from whose funds tho tra~el oxponGo is paid or designee.
(2) Travel expense shall be limited to those expenses necessarily incurred in the
performance of a public purpose authorized by law to be performed by the
agency and must be within the limitations. prescribed by this section.
(3) Travel expense of public employees for the sole purpose of taking merit
system or other job placement examinations, written or oral, shall not be allowed
under any circumstances, except that upon prior written approval of the agoncy
Ordinance No. 7211-03
Reae city manager or designee, candidates for executive or professional
positions may be allowed such travel expense pursuant to this section.
Sec. 2.325. Rates of subsistence allowance.
(a) Subsistence. All travelers may be allowed subsistence when performing
authorized travel requiring absence from the official headquarters overnight, in
amounts equal to the amounts permitted by F.S. * 112.061 (6), ot the per diem
rote or, if aotual expenses exceed thc per diem rotc, the amounts permitted for
meals and incidental expenses (M&IE), plus actual expenses for lodging at a
single occupancy rate, to be substantiated by paid bills therefor. Meals and
incidental expenses shall be reimbursed at the General Services Administration
(GSA) rates for M&IE, which are inclusive of meals, taxes, and tips for meals,
baggage carriers, hotel maids.
(b) Meals only. All travelers may be allowed subsistence while on authorized
travel outside the official headquarters but not requiring absence from the offioial
headquarters overnight, in amounts permitted for meals, as specified in the GSA
breakdown of the M&IE equal to the amounts permitted by F.8. , 112.061(6).
(c) Partial day meal and incidental reimbursement. When authorized travel
includes one or more partial days, the traveler shall be reimbursed for the partial
days in the portion of the M&IE daily amount as determined through the GSA
breakdown schedule. The breakdown includes the following categories:
Breakfast: When travel begins before 6:00 a.m. and extends beyond 8:00 a.m.
Lunch: When travel begins before 12:00 noon and extends beyond 2:00 p.m.
Dinner: When travel begins before 6:00 p.m. and extends beyond 8:00 p.m.
Incidental: When travel is overnight.
(e)JQl.Reimbursement. No traveler shall be reimbursed for any meal or lodging
included in a convention or conference fee or otherwise paid by the city.
2
Ordinance No. 7211-03
Sec. 2.328. Use of privately owned vehicles.
* * * * *
(3) Monthly private auto allowance may be given to employees under certain
circumstances. Such allowanccs may be submitted for approval by the
departmcnt director in tho normal budget proccss. Employees recciving private
auto allowance shall koep records justifying the receipt of those funds. Thoso
records VliII bc released to the department or oity manager upon request.
Sec. 2.329. Reimbursable incidental traveling expenses.
The following additional incidental traveling expenses of the traveler may be
reimbursed:
(1) Taxi fare;
(2) Ferry fares and tolls for bridges, roads and tunnels;
(3) Storage or parking fees;
(4) Communication expense, including up to $2.50 per day for personal phone
calls when on official travel overnight;
(5) Gratuities, with the exception of gratuities for meals, baggage carriers, and
hotel maids, which are included in the M&IE reimbursement.
.
Sec. 2.332. Fraudulent claims.
Any claim authorized will contain a statement that the expenses were actually
incurred by the traveler as necessary traveling expenses in the performance of
his official duties and shall be verified by a written declaration that the statement
is true and correct as to every material matter. Any person who willfully makes
and subscribes any such claim which he does not believe to be true and correct
3
Ordinance No. 7211-03
as to every material matter, or who willfully aids or assists in, procures, counsels
or advises the preparation or presentation under the provisions of this section of
a claim which is fraudulent or is false as to any material matter, whether or not
such falsity or fraud is with the knowledge or consent of the person authorized or
required to present such claims, commits a misdemeanor of the second degree,
punishable as provided in Florida Statues 775.082 or 775.083 and shall be
punished accordingly. Any person receiving an allowance or reimbursement by
means of a false claim shall also be civilly liable in the amount of the
overpayment made thereby.
Section 2. To the extent that the provisions of this Ordinance differ from the
provisions set forth in Florida Statutes Section 112.061, they shall be considered
an exemption from said statutory provisions pursuant to Laws of Florida Chapter
2003-125.
Section 3. 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:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
4
Ordinance No. 7211-03
Ill:{ Jj
Clearwater
City Commission
Agenda Cover Memorandum
Ira_cJS!fJ9 J~Jj,mlbJ;L.;. 185
ACUJa I Date: 10/02/2003
SuQjeciLR~CQmmendation :
Establish new non-resident fees for non-residents to participate at City recreation facilities and
in City recreation programs and activities; and pass Ordinance 7194-03 on first reading.
Sur.llmSlfl~
On October 18, 1993 the City Commission approved a formula for the purpose of computing fees
for non-residents and established categories for non-residents. The formula adopted is as
follows:
Department O&M Budget ($9,692,626) plus
Indirect Overhead ($754,501) minus
Budgeted Revenue ($2,396,700) equals
Subtotal ($8,050,427) divided by
Population (109,000)
Subtotal ($73.86) piUS
$5.00 Capital Recovery Component equals
Non-Resident Yearly Fee ($78.86)
Non-resident fees were last increased in 2000. Since that time, the Parks and Recreation
Department's budgeted expenses and revenues have increased. Based on the formula, the
proposed fees included in tile ordinance for non-residents are as follows:
Type of Fee (Cards)" ....................Current.......Proposed*"" ..........Difference
Annual individual card.................. ..$70.00.......... .$80.00............... .$10.00
Annual family card {2.5 x annual)...$175.00........$200.00................$25.00
Sing Ie season sports fee.............. ..$37 .00........... $42. 00................. $5.00
.Annual resident cards are $3.00 per person plus sales tax.
uPlus sales tax
If these fees are approved there will be an estin1ated net increase in revenue of $7,500 during
FY 2003/2004,
Or i gin a11illl.;.
Parks and Recreation
User DeQtartment:
Section:
Other items on City Manager Reports
CateclOrv:
Code AmendlTlents - All
Number of Hard Copies
attached:
o
PubliC Hearinq: No
Fin<lnr.i:lllnform<ltinn:
~ Cleanvater '
~'-"'-'-"~..~ ~
.~~'::.~:~
Review Agproval
KDUNBAR
GBRllMBAC
CGOUDEAU
MSIMrv10NS
TWILSON
BHORNE
C it Y Com m is s ion
Agenda Cover Memorandum
09/03/2003 17:22:38
09/12/2003 08:2Q:34
09/22/2003 09:55:59
09/18/2003 09:30:28
09/18/2003 13:02:05
09/19/2003 23:35:04
ORDINANCE NO. 7194-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE SCHEDULE OF FEES, RATES AND
CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS,
BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR
USE OF FACILITIES BY NONRESIDENTS; PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the City of Clearwater provides recreational facilities and programs for
the residents and taxpayers of the City; and
WHEREAS, the City Commission has determined that users of City recreational
facilities and programs who are not City taxpayers should pay a reasonable sum for the use
of such facilities and programs, as set forth herein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby
amended to read:
ARTICLE XI, PARKS, BEACHES, RECREATION:
* * * * * *
Use of facilities by nonresidents (Ch. 22):
(1) Effective January 1, 2004 GGteber 1, 2009, nonresidents who wish rent or use
city recreation facilities or programs may do so by paying one or more of the
following fees:
(a) Card options:
1. Annual individual fee, valid one year from
date of purchase, (plus applicable sales tax)
80.00 -79-:G9
2. Annual family fee, valid one year from
date of purchase, (plus applicable sales tax)
200.00 4-75.90
Note: An individual card may be used only by the
person to whom it is issued. The family fee provides a
card for each family member residing at the household.
(b) Options in lieu of nonresident card purchase:
Ordinance No. 7194-03
1. Pay non-card holder rates for tennis, swimming, classes,
and/or admissions. (These fees will vary depending upon
activity. however in no case will they be less than or equal
to card holder rates.)
2, Single season fee for adult athletic leagues, per person (plus
applicable sales tax) 42.00 ~Q
3. In co-sponsoring programs where leadership is provided by
noncity employees:
a. Participants of youth seasonal recreational programs
b. Participants of adult seasonal recreational programs
c. Participants of youth or adult clubs whose season
is seven months or greater per year
30.00
40.00
70.00
4, Participants at lawnbowls, shuffleboard and horseshoe
clubs, per person:
30.00
(2) The criteria which establish the class of city residents for the purpose of the fees
above are:
(a) Permanent residence within the incorporated boundaries of the city;
(b) Ownership of real property within the incorporated boundaries of the city, as
evidenced by the official tax rolls maintained by the county;
(c) Tourists and guests temporarily residing at properties within the
incorporated boundaries of the city as evidenced by a motel key or another
resident member; or
(d) Persons who are employees of the city, their spouses and children who live
at home.
(3) In programs where rentals are charged, or where enforcement is impractical, or
a majority of the facilities used by a program are provided in a municipality other
than Clearwater, the nonresident fee is not required.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
2
Ordinance No, 7194-03
Approved as to form:
Laura Lipowski
Assistant City Attorney
.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7194-03
Clearwater
City Co m mission
Agenda Cover Memorandum
>:;~::~~--::~::.:'~~~:~~~
IUH~king Number: 198
8~tual Date~ 10/02/2003
Subject / Recommendation:
Pass on First Reading Ordinance 7192-03 providing a revised watering schedule for all types of
water to parallel the Southwest Florida Water tvlanagement District rescission of Executive Order
SWF 01-18 and adoption of the current water use restrictions contained in Chapter 40D-22,
F.A.C.,
S U IJl m a ry....;.
The Southwest Florida Water Management District (SWFWMD) has the authority to establish
water use restrictions based on "Best Management Practices", current hydrogeological
conditions, and as contained in Chapter 40D-21, F.A.C,. SWFW,..1D determined those conditions
warrant a modification of the current restrictions to promote and require water conservation
during times of average and above average rainfall as well as during declared water shortages,
and, has rescinded Executive Order SWF 00-18.
City staff's recommendation is in support of SWFWMD's efforts of "Year-Round Water
Conservation Measures".
The permanent restrictions are officially referred to as "Year-Round Water Conservation
Measures" and have been rewritten and codified by the District in the modified version of Rule
40D-22 as published for adoption in the Florida Administrative Weekly on July 11, 2003.
The highlights of the rule are as follows:
a)Even numbered addressed such as 0, 2, 4, 6, 8 and the letters A-through-M may water on
Tuesdays and/or Saturdays.
b)Odd Numbered addresses such as 1, 3, 5, 7, 9 and the letters N-through-Z may water on
Wednesdays and/or Sundays.
c)AII irrigation shall be prohibited between the hours of 10:OOA.M. and 4:00 P.M.
f1I~ J0
~ Clearwater
City Com mission
1=' ::;~~~~~~/%.
Agenda Cover Memorandum
d)Irrigation of new plant material and turf grass has a 60-day exemption from "day-of-week"
provisions, but must conform to the established time of day requirements.
e)Use of hand watering or low volume irrigation applied to tt1e root zone of non-turf areas is
not restricted to certain days or times.
f)Watering in of lawn chemicals is allowed, if required by the manufacturer, but a temporary
sign must be posted.
g)Irrigation systems may be operated for test purposes on otherwise restricted days or times,
but the test is limited to 10 minutes per test.
h)Irrigation with reclaimed water shall not be restricted except as to time of day. Irrigation
with reclaimed water shall not be used between the hours of 10:00A.lv1. and 4:00
P. tvl.
In the event the District shall declare a water shortage emergency, either by Board action or by
Executive Order and further restricts the use of outdoor watering, the City of Clearwater shall
automatically conform to the emergency order and follow the more restrictive water usage for
the period of the decla red emergency.
Variances and Waivers - Users may request relief from the provisions of this Chapter 400-22 by
filing a petition for variance or waiver with the District pursuant to Section 120.542 and Rule
28-104 F.A,C.
This Ordinance shall take effect immediately upon adoption.
Originatina:
Public Utilities
User Deptartment:
Section:
Other items on City Manager Reports
Categg.a..;.
Code Amendments - All
Public Hearing:
Number of Hard CORies
attached:
1
Financial Information:
Review Approval
loGO! J DF. A II
OQ17717001
10:0/:74
BHORNE
09/19/2003
09/17/2003
23:32:55
GRRllMRAr:
11 : 1 q: Sq
ORDINANC~NQ!.]J_~2-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO A WATERING SCHEDULE; AMENDING
SECTION 32.153, CODE OF ORDINANCES; PROVIDING
DEFINITIONS; ADOPTING THE WATERING SCHEDULE
CURRENTLY DEFINED BY THE SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT AND CERTAIN RELATED
PROVISIONS; AMENDING SECTION 32.158, CODE OF
ORDINANCES, RELATING TO WATERING RESTRICTION
RESCISSION TO PROVIDE FOR CONFORMANCE TO
CERTAIN EMERGENCY ORDERS; AMENDING SECTION
32.159, CODE OF ORDINANCES, PREVIOUSLY RESERVED,
TO PROVIDE FOR VARIANCES AND WAIVERS; REPEALING
SECTION 32.160, VARIANCES AND WAIVERS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, as one of many responses to a serious drought, the Southwest
Florida Water Management District (SWFWMD) issued a final order (SWF 01-14) on
March 21, 2000, declaring a water shortage emergency for Pinellas, Hillsborough, and
Pasco Counties; and
WHEREAS, SWFWMD modified the restrictions and Iiftod the emergency order (SWF
01-14) on November 12, 2001, returning to the two-day watering schedule; and
WHEREAS, one-day a week watering remains in effect for users who receive
their water from the Tampa Say Water Consolidated Permit Wellflelds, and the City of
Clearwater is one of the affected users; and
WHEREAS, The Southwest Florida Water Management District (herein after
referred to as the District) has the authority to establish water lIsa restrictions based on
"Best Management Practices", current hydrogeological conditions and as contained in
Chapter 400-21, F.A.C.; and
WHEREAS, The Southwest Florida Water Management District has determined
those conditions warrant a modification of the current water use restriction to promote
and require water conservation during times of average and above average rainfall as
well as during declared water shortages, and
WHEREAS, The District has rescinded Executive Order SWF 00-18 which
stringently restricted use based on last year's water shortage and,
WHEREAS, The District passed new water use restrictions as contained in
Chapter 400-22, F.A.C., and
Orcllnnnco No 6029.02
WHEREAS, the City of Clearwater wishes to amend the current city code to
comply with the District's "Water Shortage or Water Shortage Emergency"
modifications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 32.153 is amended to read:
Sec. 32.153. Watering Schedule
Preamble. The declaration of a water shortage condition or water shortage
emergency affecting all or part of the city or its water service area by the governing
board or the executive director of the district supports and requires the following
watering schedule for lawns, landscape and other uses of water and such schedule is
established for the City of Clearwater as set forth below pursuant to the current
prQyj~ions of Florida Administrative Code Rule 400-22 as follows.
( 1 ) WheA-usiA"ataale w3ter (domestie-and 13WA-metefSf,-
(a) PF9f3eFty-aearesses-eAaing in oveA--flumbers, lettcrs ^ thfOOgh M On
+ueseay,
(b) Prepefty-aearesses ending in odd numbefS;-letters N thfOO~h Z, or no
street-aeeresses-GR-SHAGay,
(e-)AU-Iaeatians No w;ltcring bctween 8:00 a.m. anG-WO p.m. orrany d;lY;
(1 ) -WhefHIsiAg-wateHr-am-weUs,lakes-er-paAa~
(a) Property ;lddrcsses cnding in e\'en numbers, Ictters ^ througfl-M-GR-
=HJesaay-aAalar-S;ltu rday ,
(b) Praf3efty-aeeresses-eAffiA~A-9EiEi--Rumber-s;-letteFS-N-thF9ug h Z OR-
SHAGay-aAd/or VVe€iflCSd;ly;
(c) Property with mixed or no address On Sund;ly and/or VVednesday
(d) All locations No w;ltering bctwccn 10:00 a.m. and 4:00 p.m. on ;lRY-
day;.
2
Ordinance No, 6929-02
(3) When using reclaimed water:
(a) AU-WeaUons On any day of thc week,
(b) Alt-tooat~ons No 'IJateflflg--betweeA-10:00 a.m. afl€i--4;QO p.m. on allY-
Ga~
(41-E-stabHshment perieG-for new lawns;.
(a) Newty-ffistalled lawns may be watered daily for 60 days, if necessary.
Watering is allowed only dlHing authorized hours for water SOI:lfGe;
(b) Na-watefffig between 10:00 a.m. to 4:00 p.m. for well/lakes/ponds Of-
fro~O a.m. te-&;Q~er-petaele-watef;
(c) AU-teeaoons whiGll-€effiain-at-least 50 percent oHe'*\' plaAt-
material For 60 days and at authorized hours for water source,
(d) All locations whioh oontain less than 50 percent of new plant
material For 60 days, at authorized hours for water source and by
means other than irrigation system, unless an irrigation zone is created
for the area with new-plant material or '....atered so that the new plant
material is irrigated For 60 days, at authorized hours for water
soorce. For the remainder of-tJ:H:HooatieA;-i~ate at authorized hOUF&-
ferwater source.
(5) Establishment of new landscaping, such as trees, shrubs and
plants: New landsoaping, suoh as trees, shrubG and plants: may be watered daily
iHione by hand with a handheld hose with an automatic shutoff. No watering is-
to occur between 10 a.m. and 4 p.m.;
(6) Low'Iolume irrigation devices, defined as-micro irrigation, bubblers,
waker hases, or drip tubing, shall net be restAeted to specific days oF-times-ef-
epemlieATaAG
(7) Miscellaneous Applioable to all water sources:
(a) Cars may be washed on any day, at any time, when necessary. .'\
shutoff nozzle or Qther water efficient de'Jice must be used on the
watering source,
(b) Hand watering of trees, shrubs, flower and vegetable gardens is
allowed as needed. ^ shutoff nozzle or other water efficient devioe
must be used,
(0) Hand watering of lawns is restricted aG provided in subsections (1 ),
(2), (3), (4), and (6) of thiG section,
3
Ordinance No. 6929-02
. .
~) I nseGt-ieiees.fuAgiefGe5-and-fler-bieides-may-be-watered-in-on-an-
unauthoFizeEi-day,but-watering-must-ae-within-a uthorized-hou rs-
aAd-limited-to-the-minimum-of-watering-neeessary-;--Regular-
desig Aated-irrigation-day-and-hour5-should-ae-used-when-possible,
( e )-Fertiliz ers-should-be-w atered-in-on-a u thorized-da y,du ring--festricted-
hours-;
ill Applicability. This Section applies to all water sources as provided herein and
all water users as defined herein enQaged in irriQation, includinQ those not
subiect to permittinQ pursuant to Florida Administrative Code Chapter 400-2.
ill Definitions. When used in this Section:
"Address" means the "house number" (a numeric or alphanumeric desiQnation)
that, tOQether with the street name, describes the physical location of a specific
property. This includes "rural route" numbers but excludes post office box
numbers. If a lot number in a mobile home park or similar community is used by
the U.S. Postal Service to determine a delivery location. the lot number shall be
the property's address. If a lot number in a mobile home park or similar
residential community is not used by the U.S. Postal Service (e.Q., the park
manager sorts incominQ mail delivered to the community's address), then the
community's main address shall be the property's address.
"AQriculture" means the science of production of plants and animals useful to
humans, includinQ to a variable extent the preparation of these products for
human use and their disposal by marketinQ or otherwise, and includes
aquaculture, horticulture. floriculture. zooloQical and botanical specimen exhibits,
viticulture, forestry, dairy. livestock, pasture. poultry. bees, and any and all forms
of farm products and farm production. Plant nurseries and Turfgrass production
("sod farminQ") are aQriculture: however. the care of new or ExistinQ Lawns, non-
edible Landscapes, Cemeteries, Golf Courses and Athletic Play Areas are not
classified as AQriculture for the purpose of this Chapter.
"Athletic Play Area" means all Qolf course fairways. tees, and Qreens, and
other athletic play surfaces: for example, football. baseball, soccer. polo, tennis
and lawn bowlinQ fields. and rodeo. equestrian and livestock arenas. A turfQrass
area in a public park, when used for a festival or other scheduled event that
includes heavy foot traffic, is also considered an athletic play area for a period
endinQ two weeks after the event.
"Cemeteries" means a place dedicated to and used or intended to be used for
the permanent interment of human or pet remains. A Cemetery may contain land
or earth interment; mausoleum, vault. or crypt interment; a columbarium, ossary,
4
Ordinance No. 6929-02
scatterinq qarden, or other structure or place used or intended to be used for the
interment or disposition of cremated human or pet remains; or any combination
of one or more of such structures or places.
"Domestic' and "Other Sanitary Uses" means the use of water for the
individual personal household purposes of drinkinq, bathinq, cookinq, laundry,
household cleaninq, or other sanitation. Other uses often associated with
domestic activities, such as Lawn Irriqation are classified elsewhere in this
Chapter within appropriate use classes.
"Drivinq Ranqe" is the turfqrass at a practice or instructional facility that
provides a simulated golf fairway, simulated qolf tee and simulated qolf qreen.
The simulated qolf qreen associated with a simulated qolf fairway is primarily a
visual tarqet instead of a requlated play surface, and so does not receive the foot
traffic and related turfgrass damaqe normally associated with an actual qolf
qreen.
"Even Numbered Address" means an Address, endinq in the numbers 0,2,4,
6, 8 or the letters A-M.
"Existinq" means any Lawn or Landscape, or portion thereof, which has been
in existence in the same location for a period of 60 days or more.
"Frost/Freeze or Heat Stress" means the symptoms caused to plants or crops
by extreme cold or hot weather unless an irriqation event occurs; for example,
permanent wilt damaqe, yield reductions and/or plant death.
"Golf Course" means an area of land laid out for the express purpose of
playinq qolf, includinq all qreens, tees, fairways, and rouqhs.
"Hand Waterinq" means waterinq plants or crops with one hand held hose,
fitted with a self-cancelinq or automatic shutoff nozzle, or a waterinq can or pail.
"Irriqation" means the application of water to plants for the purpose of
sustaininq plant life, promotinq plant qrowth or to facilitate crop production.
"Landscape" means a section of qround adorned or improved by f1owerinq_
plants (whether annual or perennial), vines, shrubs, palms, trees, ferns,
ornamental qrasses and qroundcover other than Lawn.
"Landscape Use" means the application of water to Lawns and associated
Landscape surroundinq homes, commercial or industrial buildinq, Qovernment or
other non-commercial buildinqs, parks, recreational areas, Cemeteries, non-play
areas of Golf Courses, public and private riqht-of-ways and medians but
excluding Athletic Play Areas.
5
Ordinance No, 6929-02
"Lawn" means a plot of TurfQrass, usually tended or mowed, surrounding
homes, commercial or industrial buildinQs. qovernment or other non-commercial
buildinqs, parks, recreational areas, Cemeteries, and public or private riqhts-of
way and medians, but excludes Athletic Play Areas, whether such areas are free-
standinq or within a park or other setting.
"Low-Volume IrriQation" means the use of Hand Waterinq. Micro-irrigation or
other equip-ment and devices specifically desiqned to allow the volume of water
delivered to be limited to a level consistent with the water requirement of the
plant beinq irrigated and designed to allow that water to be placed with a hiqh
deQree of efficiency within the root zone of the plant.
"Micro-irriQation: means any Irrigation device that distributes water near or
within the root zone throuqh low flow rate and emitters. Examples of Micro-
irrigation devices include drip, line source. microspray, microsprinkler. bubbler
and similar types of systems. The term specificallv includes propaQation mist
heads, capillary mats and soaker hoses. The term also includes water use in
Mist Houses and similar establishments for plant propaQation and production. but
excludes any form of turf irrigation other than in a sod production ("turf farminQ")
settinQ.
"New Plant Material" means any Lawn or Landscape, or portion thereof.
which has been in existence in the same location for less than 60 days.
"Odd Numbered Address" means an Address endinQ in the numbers 1. 3. 5,
7, 9 or the letters N-Z.
"Reclaimed Water" means water that has received at least secondary
treatment and basic disinfection and is reused after f10winQ out of a wastewater
treatment facility.
"Spot Treatment" is the Hand WaterinQ of isolated areas of turfQrass or other
plant material. such as Qolf course greens. in order to efficiently deliver water
needed to provide uniform moisture content. This practice is a water-conservinQ
means of compensatinQ for differences in sun exposure, sprinkler coveraae, and
other site-specific factors.
"Spriaged Turf Area" means a turf area beina established veaetativelv bv
placing Sprigs in furrows or small holes.
"SpriQs" means individual stems of orass with one to four nodes (joints) from
which roots can develop. Sprios may also be called runners, rhizomes. or
stolons. Sprios are a means of veqetative propaoation that is sometimes used to
produce Golf Course greens, Golf Course fairways. other Athletic Play Areas.
and Lawns. Bermuda Qrass is the most common type of turfQrass propaqated in
this manner.
6
Ordinance No, 6929-02
"Syrinqing" is the waterinq of turfqrass or other plant material in order to lower
the air temperature around the leaf surfaces. This generally involves the use of
Hand Watering or "fogqinq" irrigation elli!lRment. The puq~ose of the special
waterinq technique is to cool-off the leaf tissue, not to wet the soil.
"Turfgrass" means a dense qrowth of grass (any of numerous plants of the
botanical family Gramineae) beinq used as a ground cover to provide one or
more of the followinq benefits: erosion control, dust reduction, beautification. or
as a playing surface for sports or recreation. Common turfqrasses in Florida
include, but are not limited to: Bahiaqrass, Bermudagrass. and S1.
Auqustinegrass.
"User" means any: person, individual, firm, association, organization,
partnership, business trust, corporation, company, agency, employee or other
leqal entity. the United States of America. and the State and all political
subdivisions, reqions, districts, municipalities, and public aqencies thereof, which
directly or indirectly takes water from the water resource, includinq but not limited
to uses from qroundwater wells and private or public utility systems.
"Vertical Mowinq" means a form of thatch removal involvinq the use of special
equipment that makes multiple vertical cuts into the Lawn of other turfqrass.
Vertical mowinq may also be referred to as verticuttinQ.
"Water Resource" means any and all water on or beneath the surface of the
ground, includinq natural or artificial water courses. lakes, ponds. or diffused
surface water and water percolatinq, standinq, or flowinq beneath the surface of
the qround. specifically includinq water withdrawn from wells, but excludinq
seawater.
"Water shortaqe or water shortaqe emerqency" means that situation when the
Governinq Board or Executive Director of the Southwest Florida Water
Management District has declared a water shortaqe applicable to the City of
Clearwater pursuant to Sections 373.175 or 373.246, F.S. or Chapter 400-21,
F.A.C.
"Water Use Permit" (WUP) means a permit issued by the Southwest Florida
Water Manaqement District pursuant to Florida Administrative Code Chapter
400-2, authorizing the use of water.
(3) Year-Round Water Conservation Measures
@l General ReQuirements - The year-round water conservation measures
contained in this Section are applicable to all water Users. includinq end
Users served by public or private water systems. Any restrictions or other
measures declared by the Southwest Florida Water Management District
pursuant to Florida Administrative Code Chapter 400-21, or any Board or
7
Ordinance No 6929-02
Executive Director order of said District that is more restrictive than a
water conservation measure contained within this Section shall supersede
the water conservation measure for the duration of the applicable water
shortaqe declaration.
llil Wasteful and Unnecessary - In addition to the specific restrictions
enumerated below. the followinq wasteful and unnecessary water uses
are prohibited:
ill Allowinq water to flow from an unattended hose. unless that water
is discharqed from a functional water-to-air air conditioning unit,
residential reverse osmosis treatment system, or similar device.
{ill Handwaterinq a Lawn on an otherwise restricted day or more than
once a day, except when used for Spot Treatment or other
practices specified in this Rule.
(iii) Hosinq-down a driveway or other impervious surface to remove
qrass c1ippinqs or other debris that can be removed with a broom or
other dry methods.
(iv) Hosinq-down a building or other structure to remove cobwebs or
other material that can be removed with a broom or other dry
methods.
M Allowinq water to flow from a broken sprinkler head. outdoor faucet,
or other malfunctioning plumbinq or irriqation system component,
after receivinq verbal or written notice from the City.
(4) Irriqation Uses - The followinq requirements shall apply to alllrriqation except
Aqriculture, for example: Lawns. Landscapes. Golf Courses. and other Athletic Play
. Areas.
(a) Irriqation shall be prohibited daily between the hours of 10:00 a.m. and 4:00
p.m.. except as otherwise provided herein.
(b) Irriqation systems may be operated during restricted days and/or times for
c1eaninq and maintenance purposes with an attendant on site in the area beinq
tested. Irriqation systems may routinely be operated with an attendant on site in
the area beinq tested. Irriqation systems may routinely be operated for such
purposes no more than once per week, and the run time for anyone test should
not exceed 10 minutes.
(c) Irriqation for the purpose ofwaterinq-in fertilizers. insecticides. funQicides and
herbicides. where such waterinq-in is reQuired by the manufacturer. or by federal.
state or local law, shall not be restricted. with two exceptions when associated
8
Ordinance No. 6929-02
with a Lawn or Landscape: In the absence of specific alternative instructions
from the manufacturer, such waterinq-in shall be limited to one application of
one-quarter inches: and. such waterinq-in shall be accomplished during
allowable waterinq times unless a professional applicator has posted a temporary
sign containinq the date of application and the date(s) of needed waterinq-in
activity.
(d) Landscape may be watered usinq Low-Volume Irrigation methods on an as-
needed basis instead of beinq restricted to certain days or times.
(e) Lawns may be Spot Treated without reqard to the normally allowable waterin!:l
days or times. Lawns may only be Spot Treated by Hand-Waterinq or other
tarqeted, manual means.
(f) In order to promote necessary rhizome repair. extra waterinq of turfqrass may
occur on any day of the week for a 14-day period after Vertical Mowinq has
occurred. An entire zone of an Irriqation system. may only be used for extra
rhizome repair watering if the zone in Question is for an area that contains at
least 50% Turfqrass recovering from Vertical Mowing. If a zone contains less
than 50% recoverinq Turf!:lrass. or if the recoverinq Turfqrass area is typically not
watered by an Irriqation system. only the recoverinq Turfqrass is eliqible for this
14-dayexemption. Tarqeted waterin!:l may be accomplished by Hand Waterinq,
or any appropriate method which isolates and waters only the recoverinq
Turfqrass.
(g) New Plant Material shall only be irrigated as follows:
(i) Any New Plant Material may be irriQated on any day of the week
as needed. for the purpose of maintaininq plant health and
encouraqinq root qrow-in. durinq a 50-day establishment period.
(ij) This establishment period beqins the day the New Plant Material
is installed, and is limited to areas containing New Plant Materials
only. An entire zone of an Irriqation system may only be used for
establishment period waterinq if the zone in Question is for an area
that contains at least 50% New Plant Material. If a zone contains
less than 50% New Plant Material. or if the New Plant Material is in
an area that will by typically not be watered by an Irriqation system,
only the New Plant Material is eliqible for this 50-day exemption.
Targeted watering may be accomplished by Hand Waterinq. or any
appropriate method which isolates and waters only the New Plant
Material.
(iij) On the day any New Plant Material is installed. it may be
irriqated once without reqard to the normally allowable watering
9
Ordinance No. 6929-02
times. Irrigation of the soil immediately prior to the new installation
of New Plant Material is also allowable without reqard to the
normally allowable watering times.
(iv) Irrigation of Spriqqed turfqrass areas is allowable without regard
to the normally allowable waterinq times for the entire 60-day
establishment period.
(v) Irrigation of new TurfQrass areas or other New Plant Material
associated with a public works proiect. when and where conducted
usinq tanker trucks or other vehicles. is allowable without reqard to
the normally allowable waterinq times for the entire 60-day
establishment period.
(vi) Landscape may continue to be irrh:~ated on an as-needed basis
without regard to the normally allowable waterinq days or times
after the establishment period ends if Low-Volume Irriqation
technoloqy is used, pursuant to 400-22.201 (1 )(d).
(vii) Except as otherwise provided herein. all other such
establishment period waterinq shall occur durinq normally allowable
waterinq times.
(h) Irriqation usinq Reclaimed Water shall not be restricted. However. all
properties should voluntarily conserve Reclaimed Water by not irrigatinQ
between the hours of 10:00 a.m. and 4 p.m. In addition. if Irriqation is
done with a source that contains a blend of Reclaimed Water and potable
water, qround water, pond water or some other supply. the use of this
blended water shall be subiect to the restrictions that apply to that other
supply. except for the followinq circumstances:
(i) The other supply is incidental stormwater runoff that enters a
Reclaimed Water storage pond:
(in The other supply is a withdrawal reQulated by a District Water
Use Permit. provided that the Quantity beinq blended with the
Reclaimed Water is specificallv authorized for blendinq purposes.
For example. this other supply may be withdrawals from an un-
aUQmented stormwater system or water recovered from a permitted
ASR well that stores seasonal diversions from a surface water
body I includinq ASR well testinq authorized in preparation for
permit issuance:
(iii) The other supplv is water recovered from a Reclaimed Water
ASR well permitted by the Florida Department of Environmental
10
Ordinance No. 6929-02
Protection. includinq Reclaimed Water ASR well testing authorized
in preparation for permit issuance: or
.1. The applicable Reclaimed Water provider is
implementinq a District-authorized variance from the
provisions of 400-22.201 which addresses use of the
reclaimed water blend.
(i) The operation of an Irriqation system for the dischan:~e of water from a
water-to-air air conditioninq unit or other water-dependent coolinq system
shall not be subiect to the provisions of this Section.
(j) Irriqation of established Turfqrass and Landscape associated with a
public works proiect. when and where conducted usinq tanker trucks or
other vehicles. is allowable without reqard to the normally allowable_
waterinq days and times, except that Irrigation of Turfgrass by this method
is limited to a maximum of two applications of % inches of water in any
seven-day period after conclusion of the establishment period exemption
specified above.
{ID Lawn and Landscape Use - The followinq additional reQuirements or
exceptions shall apply to the Irriqation of Lawns and Landscape.
(a) Except as otherwise specified in this Section. Even Numbered
Addresses may accomplish necessary Lawn and Landscape Irrh::aation on
only Tuesday and/or Saturday.
(b) Except as otherwise specified in this Section. Odd Numbered
Addresses and riqhts-of-way or other locations without an Address may
accomplish necessary Lawn and Landscape Irriqation on only
Wednesday and/or Sunday.
(c) Cemeteries and other Users irrigatinq property two acres or greater
may water one-half of the property on the days allowed for Even
Numbered Addresses and may water the remaininq one-half on the days
allowed for Odd numbered Addresses. Each such User is reauired to
maintain a map or sketch on site that indicates which days each part of
the property will be watered. and the City may reQuire that a COpy of this
same map or sketch be provided for verification or enforcement purposes.
If a specific property is unable to comply with this schedule. the variance
process may be used to register an alternative schedule acceptable to the
City.
lID Golf Courses - The following additional reauirements or exceptions shall
apply to Golf Course Irriqation as appropriate:
11
Ordinance No. 692g..02
(a) Users whose uses require and are authorized by a WUP have been
evaluated by the District and reQuired to maintain compliance with all
WUP conditions and terms, includinq those desjqned to require the
utilization of water conservinq practices. Compliance with all WUP
conditions and terms shall constitute compliance in lieu of other measures
specified in subsections 40D-22.201 (2)-(5).
(b) Except as excluded by the provisions contained in Florida
Administrative Code Rule 400-22.201 (5)(a), all individual Users for Golf
Course Irriqation shall use:
(i) Best Manaqement Practices For Florida Golf Courses,
University of Florida. Institute of Food and Aqricultural Sciences.
Cooperative Extension Service. Department of Environmental
Horticulture. 1993, as amended: or
(ii) The followinq measures~
1
a. IrriQation shall be limited to the times specified in
Florida Administrative Code Rule 400-22.201 (3).
b. Fairways. rouqhs and Drivinq Ranaes. shall be
watered no more than two times per week.
c. Tees and qreens shall be watered no more than
three times per week.
d. The Irriqation of tees and qreens shall not be
restricted when such Irriqation is for plant
protection. includinq Frost/Freeze or Heat Stress,
except as limited by the provisions contained in
Florida Administrative Code Rule 400-22.201 (2).
e. Spot Treatment and Syringinq are not restricted.
t. Irriqation related to overseedinq that is a
component of a fall transition proqram shall not be
restricted to a certain number of applications each
week.
ill Other Athletic Play Area Irriqation - The followinq additional reQuirements or
exceptions to the provisions contained in Florida Administrative Code Rule
400-22.201 (1 )-(3) shall apply to the play areas of Athletic Play Areas:
(a) Operation of an Irriqation system for plant protection of Athletic
Play Areas turfqrass fields. includinq Frost/Freeze or Heat Stress
12
Ordinance No. 6929-02
prevention. shall not be restricted, except in accordance with Florida
Administrative Code Rule 400-22.201 (2):
(b) The wettinq of clay tennis courts, baseball/softball infields.
livestock or rodeo areas and other non-turf grass Athletic Play Areas
immediately prior to play is allowable to ensure athlete/animal safety.
comply with sport standards and control dust.
(c) Baseball, softball, football. soccer. polo and other similar
turfqrass playinq field surfaces may receive on extra Irriqation
application immediately after heavy leaque play if necessary to
encouraQe turf repair needed to maintain safe play conditions.
(d) Spot Treatment and Syrinqinq are not restricted.
(e) One-half of Athletic Play Areas may be irriQated on Mondays
and/or Thursdays: the other half may be irriqated on Tuesdays
and/or Fridays for the purpose of meetinq normal supplemental
Irriqation needs. A map or sketch shall be maintained on site that
indicates which days each part of the property will be watered, and
the District or applicable local government may reQuire that a copy
of this same map or sketch be provided for verification or
enforcement purposes. If a specific property is unable to comply
with this schedule, the variance process may be used to reQister an
alternative schedule acceptable to the District.
lID Aqriculture - The followinq additional requirements or exceptions to the
provisions contained in Florida Administrative Code Rule 400-22.201 (1) shall
apply to Aqriculture as appropriate:
(a) Users whose uses reQuire and are authorized bva WUP are reQuired to
maintain compliance with all WUP conditions and terms. includina those
desianated to reQuire the utilization of water conserving practices.
Compliance with all WUP conditions and terms shall constitute compliance in
lieu of other measures specified in Florida Administrative Code Rule 400-
22.201(1)-(2) and (7).
(b) Except as excluded by the provisions contained in Florida
Administrative Code Rule 400-22.201 (7)(a), all individual Users for
AQriculturallrrigation shall follow these measures:
(i) Use of Micro-irrigation and other Low-Volume Irrigation
methods shall not be restricted.
(ii) Operation of an Irriqation system for plant protection.
includinq Frost/Freeze or Heat Stress prevention. shall not
be restricted.
13
Ordinance No. 6929-02
(iii) Irriqation for the purpose of watering-in fertilizers,
insecticides. funqicides and herbicides. where such
waterinq-in is required by the manufacturer, or by federal or
state law, shall not be restricted.
(iv) All other Irriqation shall be prohibited daily between the
hours of 10:00 a.m. and 4:00 p.m.
(v) The variance process may be used to reqister all
alternative Irrigation proqrams acceptable to the Southwest
Florida Water Management District, such as the ability to
irriqate in accordance with a published document detailinq
Best Manaqement Practices for the applicable crop or
commodity.
Section 2. Section 32.158 is amended to read:
Sec. 32.158. R-eeision. Rescission.
When-th~oveffifng-OOaffi-anG-e-xeeutive-direetor-{)f-the-distr~et-determines-that-a-
wa ter-s hortage-eondition-flo-1onger-ex ists-,or-no-lonQer-exists-to-the-same-deQree,the-
distriet-shaH-r-eseind-ormodify-the-restrietion-H-has-adopted7 In the event the Southwest
Florida Water Manaqement District shall declare a water shortaqe emerqency, either by
board action or by executive order, and further restricts the use of outdoor waterinq, the
City of Clearwater shall conform to the emerqency order and follow the more restrictive
water usaqe for the period of the declared emerqency. Notification to local
governments and to other persons affected by this division shall be according to the
provisions of section 32.157 hereof.
Section 3. Section 32.159 is amended to read:
Sec. 32.159. Reserved-Variances and waivers.
Users may request relief from the provisions of the prOVISions of Florida
Administrative Code Chapter 400-22 by filinq a petition for variance or waiver with the
Southwest Florida Water Manaqement District pursuant to Section 120.542 and Rule
28-107 F.A.C. The City of Clearwater shall consider that such variances qranted to
users otherwise subject to this ordinance are in effect. subiect to conditions contained
therein and in applicable provisions of the Florida Administrative Code concerninq
ratification and affirmance of such variances and waivers. A variance is invalid if it has
expired or if the property owner or aqent violates terms of the variance.
Section 4. Section 32.160 is hereby repealed in its entirety:
SeG:-32-:-16G-:-V-ar~anees-:
14
Ordinance No. 6929-02
ill :r-he-dir~etOF-ef-pllbli€-werks maHFant a vafianoo-fr-effi-tfle-ter-ms-af-
sec-tion 32.1 59-wflefl-511Gh-vafiafl€e-WiU-net-be-c-GntfaFV-tG-t~ublie
inter~st-afl(j-wher-e,owiAf'Ho-speeial-eonditien5-;--iHiter~I-eAfereement-of-
the-provisions-of-that-seetion-weule-resuIHA-hareship-en-tfle-appliean~
Hardship-may-inGlude-but-is-net-limitee-te-pllysieal-handieap,--iFf~QatieA-
?y'stem-limitations,reliQious-oonvietiens-or-the-healtll-and-safetv-ef-the-
~.Rplica nt-:---Sueh-v a rianee-shaH-not-be-g ra nted-llnless-a nd-un til-a-written-
~Qpliea tien-for-a-varianee-sha II-be-submitted-demonstFatinQ-tha t-:-
@1 :r-he-varianee-sllaH-net-be-in-eenfliet-with-anY-Other-applieable-
ordin anee-er-state-taw:;
.~ :r-he-var~anc-e-will-flot-adverselv-affeet-tfle-water-sllPt:HV-:
(~) :r-he-varianee-w i1l-net-vielate-the-gener~l-spirit-and-intent-of-
th is -d ivis ion- nor-will-it--be-i ncons isten t-wit h-the-eomprehensive-
Qlan;
m The-direetor-ef-Pllblie-weFks-shalkonsider-tfle-vafianee--as-soon-as-is-
pr-aetieal-aftef-Sllbmittal of the written-applieation. I A-Qr~ntinQ-anv-
vaFianee,the-dif€etef-9f-publie-werk-s-mav-preser~be-appr-epfiate-oonditiens-
to-assllre-eenfermaAee-with the efitefia-HsteEi-tA-Sllbseetion (1) above-:-
V~olatien-ef-suGtl-eenattieflS-Shall be deemed a vielation of-tflis-seclioA-ane-
shall-be-s-ubieet-te-tfle-same-enfereement-and-penalties-as-a-vielatten-of-
seetion-32-:-1-59-:
Section 5. 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
15
Ordinance No. 6929-02
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
16
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6929-02
,
;.-
,-
u
Interoffice Correspondence Sheet
To:
Mayor, City Commissioners
William B. Horne II, City Manager
Through:
Mahshid Arasteh, P.E., Public Works Administrator
Garry Brumback, Assistant City Manager
From:
Andrew M. Neff, P.E., Public Utilities Director
CC:
Cyndie Goudeau, City Clerk
Todd Petrie, Assistant Public Utilities Director
Jim Geary, Customer Service Director
Doug Matthews, Public Communications Director
Jeff Kronschnabl, Development Services Director
Lou Badami, Water Superintendent
Date:
September 16, 2003
RE:
Update on Water Demand Management
This memo is offered in conjunction with the agenda item being considered for changing
watering restrictions,
Attached are charts illustrating water demand over time, per capita water consumption, lawn
meter usage v. reclaimed water usage, general trends in metered consumption and rainfall
data. This information is provided for your information in conjunction with the proposed new
watering restrictions (two-day/week for potable) you are considering.
The information provided shows the general trend downward for water consumption in the
city as a whole. With the new water plant coming on line, we will increase local water
production, further reducing demand on more expensive water from regional sources.
Additionally, you can see the increasing trend for reclaimed water consumption against
lowered demand on lawn meters. Our per capita water demand continues to be managed
well below the Southwest Florida Water Management District's limit and that of Pinellas
County as a whole. The rainfall information clearly shows that the drought conditions have
ended. However, demand is down and trending downward.
From a water conservation viewpoint, this is good news. However, please bear in mind that
reduced consumption equates to reduced revenues. We are currently reviewing our water
and sewer rate sufficiency and our budget to determine how to best manage this revenue
shortfall.
As always, please let us know if you'd like additional information or have any questions.
Enclosures
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ITEM # ~7
'. '.' > .", ',' .. ,;" ::," .
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~ Clearwater
C it Y Com m is s ion
Agenda Cover Memorandum
-; ~::::.' ': :;:~~~;?:'~?..:~~'3.~.
Tr~~king Number: 186
Actual Date: 10/02/2003
S-"tbJ~J.:.tL8._eJ:;:Q[ll nlffi!:L~ti 0 n :_
Adopt Resolution No. 03-33 authorizing the execution of a District 7 Off-System Maintenance
Agreement and Letter of Understanding between the City of Clearwater and the State of Florida
Department of Transportation for the purpose of constructing. 7 miles of the East/West Trail
frolll the Safety Harbor city limits to Coopers Bayou Park on the eastern side of Bayshore Blvd.
S U III m a ry~
The Florida Department of Transportation has completed the design and will construct a .7 mile
section of thE: Clearwater East-West Trail along the eastern side of BaysllOre Boulevard from the
Safety Harbor/Clearwater city limits south to Coopers Bayou. This section was funded through
the Transportation Equity Act for the 21st Century (TEA-21) administered by and funded by
FOOT. There are no construction or design costs to the City.
This project will replace existing sidewalk along the east side of Bayshore Blvd. with an 8' to 10'
wide asphalt trail.
On-going maintenance of the trail will continue to be the responsibility of the City.
This resolution specifically authorizes the execution of the associated Maintenance Agreement
and Letter of Understanding. TEA-21 requires both formal agreements to define the
responsibilities for maintenance of the project and the commitments of the FDOT and the City of
Clearwater with respect to the construction of the proJect.
A copy of the agreement is available for review in the Official Records and Legislative Services
Depa rtment.
Or i glmttiill1.;.
Parks and Recreation
User Oeptartment:
Section:
Other items on City Manager Reports
C a ~QIY...;.
Agreements/Contracts - without cost
Public HearinQ: No
Number of Hard CaRies
attached:
2
Finanr.i:d Infnrm:llinn:
R,eyteKAP-Rroval
KOUNBAR
09/03/2003
17:23:33
r.r,OIII1FAII
09/22/2003
nQ:S4:21
BHORNE
09/17/2003
20:37 :56
PI? t )7
~ Cleanvater
:., :-:::::~;~~:;;~~~::,s
PAKIN
GBRUMBAC
City Co m mission
Agenda Cover Memorandum
09/04/2003 11 :49:47
09/12/2003 08:31:08
..", ," .._ _.~. __ ...~.. ._._~.._,w",,'>-.,_..., .._....... _", ~_.._...______.._,.. .....- ,..'~_'.~_.~,,,,..>.."" y"'<~..r;_'~< ..."'..-...,....
RESOLUTION NO. 03-33
A RESOLUTION OF THE CITY OF CLEARWATER.
FLORIDA. AUTHORIZING THE EXECUTION OF A
DISTRICT SEVEN OFF SYSTEM MAINTENANCE
AGREEMENT AND LETTER OF UNDERSTANDING
BETWEEN THE CITY OF CLEARWATER AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of both the City of Clearwater (CITY) and the
Florida Department of Transportation (FOOT) to enter into both the District Seven Off
System Maintenance Agreement and the Letter of Understanding; and
WHEREAS, the CITY owns lands on which the FOOT will construct FOOT
Project number 406256-1-52-01 (PROJECT), which is an East-West Trail from Coopers
Bayou to the Clearwater City Limits; and
WH EREAS, Federal Funding will be expended for the PROJECT under the
Transportation Equity Act for the 21st Century (TEA-21); and
WHEREAS, under 23 U.S.C. 115, the federal government requires assurance
that the State either maintain the Project for which it receivesTEA-21 federal funding, or
enter into formal agreement for maintenance of the PROJECT with the municipality
where the PROJECT is located; and
WHEREAS, the Letter of Understanding is intended to define the responsibilities
and commitments of the FOOT and the CITY with respect to the construction of the
PROJECT. and the Agreement is intended to define the responsibilities and
commitments of the CITY with respect to the maintenance of the PROJECT; now
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the District
Seven Off System Maintenance Agreement and the Letter of Understanding between
the CITY and FOOT.
Section 2. The City Commission hereby authorizes the City Manager to
execute the District Seven Off System Maintenance Agreement and Letter of
Understanding described in the Resolution.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 03.33
PASSED AND ADOPTED this
Approved as to form:
Laura Lipowski
Assistant City Attorney
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
..
Resolution No.
~\\
-' -
=====
~
~
..,..V
Florida Departlnent of n.ansportation
PHOJECT MANAGEl\IE:':T
17
.JEIlIlUSII
GO\'EHNon
11201 N. McKinley Drove. MS 7.~00' Tampa. Fl33612.6J56' Phc~. (813) 975.6076' 1.800.226.7120
.JOSE ABREU
SECRETAIW
June 5, 2003
Mr. Kevin Dunbar
Director of Parks and Recreation
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33758
RE: Letter of Understanding (LOU); City of Clearwater
FPI: 406256-1-32-01 (Coopers Bayou Park to Safety Harbor)
Dear Mr.Dunbar:
The Florida Department of Transportation District Seven (hereby referenced as the Department) is
submitting this Letter of Understanding (LOU) to the City of Clearwater (hereby referenced as the
City) for its concurrence. The purpose of the LOU is to define the responsibilities and commitments
of the Department and the City with respect to the construction of the Multi use Trail from Coopers
Bayou Park to Safety Harbor (hereby referenced as the project). Specifically, the project shall
include the following:
Extension of the Clearwater East-West Trail, which consist of construction of a 10-foot wide
bicycle/pedestrian facility, running along the easternmost portion ofthe Bayshore Blvd. right-of-way,
with approximate length of 4,100 linear feet.
Responsibilities of the City:
I. The City shall grant the Department, its agents, employees and contractors Right of
Entry on the City's right-of-way for the purposes of construction of the project.
2. In the event the Department encounters hazardous or contaminated materials within
the limits of the project, during any phase of the project, the City shall be responsible
for any expenses associated with and coordination of the hazardous or contaminated
material removal in accordance with state and federal standards.
3. Upon final acceptance of the project by the Depm1ment, the City shall assume
maintenance responsibilities for location of this agreement.
www.dot.state.f1.us
@ I1I:CvCl.l'n PAilI'll
Mr. Kevin Dunbar
Page 2
June 5, 2003
4. The City hereby certifies under this LOU that the right-of-way survey prepared for
the City by a licensed Florida Professional Land Surveyor, or submitted to the
Department for use in the design of this project, is accurate and depicts lands owned
by the City and that said lands are free from any encumbrances known to the City.
5. The established clearance of the title for the right-of-way and Trail location shall be
the responsibility ofthe City.
6. The removal of all encroachments within the construction limits of the project shall
be the responsibility of the City and shall be completed prior to the plans mailing
date, which is scheduled for September 24,2003.
Responsibilities of the Department:
I. The Department shall perform all phases of the project construction and construction
inspection.
2. The Department is providing design services and plans for the project.
If the terms of this LOU are acceptable, please sign and date both copies. Retain one executed
original for your file and return the other to:
Lynda A. Crescentini, Project Manager
Florida Department of Transportation
11201 N. McKinley Drive MS 7-600
Tampa, Florida 33612-6403
(813) 975-6171
il/:;/ f)~
ACCEPTED:
(See attached Signature Page)
Donald J. Skelton, P .E.
District Director ofPlanninglProduction
By: Kevin Dunbar
Director of Parks and Recreation
City of Clearwater
DJSILAC
cc: Kenneth A. Hartmann, P .E.
Donald J. Skelton, P.E.
Lynda A. Crescentini
Date:
Signature Page for June 5,2003 Letter of Understanding from FOOT to City of
Clearwater, FPI: 406256-1-32-01 (coopers Bayou Park to Safety Harbor)
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
----
/
/~ I
I,l.l
(!/'~
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2r
DISTRICT SEVEN OFF SYSTEM MAINTENANCE AGREEMENT
This agreement, made and entered into as of the _ day of , 200J, by and between the
DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florid a, hereinafter referred to
as "Department" and City Of Clearwater. a political subdivision of the State of Florida, existing under the
Laws of Florida., hereinafter referred to as "City".
This Maintenance Agreement is intended to define the responsibilities and commitments of the
City with respect to the maintenance of Project number 406256-1-52-01. described as
East-West Trail From Coopers Bayou to the Clearwater City Limits. hereinafter referred to as "the Project".
WITNESSETH
WHEREAS, The facility being improved is owned and maintained by the ~,
and;
WHEREAS, pursuant to The Transportation Equity Act for the 2151 Century,
Federal Funds will be expended for the project, and;
WHERAS, Federal Regulations require that a fonnal agreement be entered into between the
Department and the appropriate officials of the county or municipality in which the project is
located, and;
NOW THEREFORE, for and in consideration of mutual benefits to flow each to the other, the
parties covenant and agree that upon final acceptance of the Project by the Department from the
contractor, the City shall be responsible for and shall provide all necessary maintenance on the
project, in accordance with Federal Regulations, for the duration of the project's expected design
life.
1
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
DISTRICT SEVEN
By:
Department Approval as to
Form and Legality
A TrEST:
(Seal)
Executive Secretary
Countersigned:
LOCAL GOVERNMENT AGENCY
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
BY:
William B. Horne II
City Manager
~.
,
ATIEST:
(Seal)
Laura Lipowski, Assistant City Atty.
Local Government Approval as to
Form DIi~
Cynthia E. Goudeau
City Clerk
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City Co m mission
Agenda Cover Memorandum
Clearwater
Trackino Number: 182
Actual Date: 10/02/2003
Subject / Recommendation:
.
Adopt resolution =03-34 to enter into an Urban and Community Forestry Grant memorandum of
agreement with the State of Florida Depart'T,ent of Agriculture and Consumer Services, Division
of Forestry.
Summary:
In 2002 the Urban Forestry Division received $15,000 in grant funds from the Florida Division of
Forestry due to the successful submission of an Urban and Community Forestry Grant. The
funds will be used to conduct a comprehensive tree inventory that will be entered into and
managed by a Geographical Information System (GIS) based asset management tool. The
inventory management system will support the City's initiative to inventory all City
infrastructure through the asset management program. The new GIS based tree inventory
management system will replace the existing DOS based program.
The first phase will inventory trees located on all public properties from Highland Avenue to the
west. That inventory is scheduled for completion by mid-summer of 2004.
The Urban Forestry Division will apply for $15,000 in Urban and Community Forestry Grant
funds again this year. If successful, the funds will be used to assist with conducting phase two
of the new inventory. Phase two will inventory trees located on all public properties between
Tampa Bay and Highland Avenue and from Union Street to the city limits to the south and east
of Highland Avenue. The second phase of the inventory is scheduled for completion by
mid-summer of 2005.
The third and final phase will inventory the remaining trees located on public lands within the
City of Clearwater, principally in the Countryside area, and is scheduled for completion by
mid-summer of 2006. Next year the Division will apply for grant funds to assist with phase
three of the inventory.
Phase one of the inventory will be completed by an urban forestry consultant firm. The
consultants will train City Urban Forestry personnel to collect and enter tree inventory data.
Phase two and three will be completed in-house by Urban Forestry Division personnel. Grant
funds will allow the Division to hire contract tree trimmers to assist the forestry operations while
selected Division personnel conduct the inventory.
O-,:igiD.QJJllQ~
Engineering
User Deotartment:
Section:
Other items on City Manager Reports
Cateoorv:
Agreements/Contracts - without cost
Public Hearino: No
Number of Hard Copies
attached:
1
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Review Aooroval
MOUILLEN
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CGOUDEAU
BHORNE
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C it Y Com m IS S Ion
Agenda Cover Memorandum
09/05/2003
09/17/2003
09/22/2003
09/17/2003
11:30:24
11 : 22 : 48
09:59:18
20:36:41
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RESOLUTION NO. 03-34
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY
GRANT MEMORANDUM OF AGREEMENT WITH THE STATE
OF FLORIDA, DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF FORESTRY
WHEREAS, trees are an important part of our community: and
WHEREAS, the City of Clearwater wants to maintain its existing urban forest through the
establishment of a geographical information system (GIS) based tree inventory and
WHEREAS, The City of Clearwater desires to apply for an Urban and Community
Forestry Grant. which would provide funds in which to conduct a comprehensive
computerized tree inventory.
WHEREAS, the City of Clearwater wishes to enter into an Urban and Community
Forestry Grant Memorandum of Agreement between the City of Clearwater, Florida and
the Florida Department of Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission supports the second phase of the new GIS-based tree
inventory as industry standards recommend.
Section 2. The City Commission hereby authorizes the City Manager to enter into an
Urban and Community Forestry Grant Memorandum of Agreement between the City of
Clearwater. Florida and the Florida Department of Agriculture and Consumer Services.
PASSED AND ADOPTED this
day of
.2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Bryan D. Ruff
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 02-45 Urban & Community Forestry Grant
l)